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
of the County and enter into Recognizances not to forestall or ingross provided that all Cities and Towns Corporate may assigne and licence Pourveyors for their provisions Which power of regulating weights and measures and reduction of victuals to reasonable prices and rates was no stranger in Ireland whither many if not all of our then Laws were transmitted by King John by exemplification undeâ— his great Seal of England and all our Laws reasonable Customes and Acts of Parliament both before and afterwards were by Act of Parliament called Poynings Act or Law allowed and enacted to be Laws in that Kingdome in the Reign of our King Henry the seventh Nor in Scotland where the assises of weights and measures were ordained by King James the first in Parliament in Anno Domini 1426. And it was also ordained by King James the second in Parliament that Schireffes Bayllies and uther officiars baith to burgh and to land take and inquire at ilk Court that they haldquhat persons within their boundes by is victuall and haldis it till a dearth and punish them which sall be found to offend therein and besides their uther punishment the victuall that they have be escheated to the King All which may declare and give us to understand how unreasonable it would be that the King who by his Oath and Kingly Office is to keep all his people from oppression which being one of the great sins of Sodom as the Prophet Ezekiel tells us in that she strengthened not the hand of the poor and needy caused God to say he would come down nd see the oppressions of his people should take no order to preserve himself from the more then formerly deceipts of his own people and their enhaunce of prises King Edward the second therefore and his Councell after that the Commons of England had in the second year of his Reign granted him in Parliament an aid of the five and twentieth part of their goods upon condition that he would answer and redress their grievances which they in eleven Articles had then presented unto him in some of which they complained that their Corn Victuals Poultrie and Fish as well fresh as salt were taken by those which called themselves the Kings Mâ—nisters and paid nothing for it nor gave them any manner of satisfaction by which they were greatly impoverished And he had answered that there was an Ordinance made of those prises in the time of his Father King Edward which was for the good of the King and his people and willed that it should be kept and observed in all parts did in the fifteenth year of his Reign upon occasion of his being at Cirencester in the County of Gloucester with divers of the Nobility and great men of the Kingdome not think it to be any violation of the Laws formerly made for the regulation of Pourveyance to command and ordain by his Letters Paâ—ents directed to the Sheriffs of Gloucester Worcester and Wiltshire in the words following viz. Rex vic al. ministris de Com. Glouc. Wigorn. Wilts salutem cum sumus in partibus Cirencestr cum pluribus magnatibus pro negotiis c. pro nostra ipsorum sustentatione plura victualia oportet providere plures frumentum habâ—ntes ea penes se retinent non curantes illa vendic expâ—nere nisi excessiva Caristia nos volentes sustentac â—orum providere prout decet assignavimuus Johan Hampton al. ad supervidendum blada in Com. praedict ad emend ubi blada invenerint pro pretio rationabili jam currente de quo ipsi respondeant illa quo pretio emptâ—â—runt ad liberand pistoribus braciatoribus furnend braciand vend dictis magnatibus c. that a reasonable price should according to the ordinary Market rate beset upon Corn. Noâ—â—ere the Writs or Commissions de providentiis pro Rege faciendis to buy and make provisions for the Kings houshold in 7 E. 2. 37 E. 3. 3 R. 2. 1 H. 4. and other Kings Reigns directed to the Sheriffs of several Counties to whose oaths and Offices it belonged by the just and antient Laws and Customes of England to cause men to sell victuals and necessary provisions at reasonable rates and prices or Writs sent to the Sheriffes to make provisions for some of the Kings of Scotland and their Trains in their passage as they came to London to do their homage unto some of our Kings esteemed to be any breach of the peoples Liberties Neither did Queen Elizabeth that delight and love of her people enriching as well as easing and filling them with peace and plenty who was never of the opinion of Oliver Cromwel that grand Master of Iniquity who as carefull as he would seem to be of the peoples ease and liberties in his afterwards counterfeit kindness of taking away the Royal Pourveyance could when he was Lievtenant Generall of an Army of a distempered and disobedient part of the Parliament being moved by a Gentleman of Bedfordshire for some ease of their great Assessements and Burdens answere that he could never believe that the Country-men were poor or not able to bear them as long as they could whistle at the Plow and Cart but so contented them in her happy Government as the 20. day of November the beginning of her Reign is yet though above one hundred years agoe gratefully remembred with the ringing of Bells in many of the Churches of England conceive or understand it to be any grievance to the people for the Soveraign or Lex viva the maker Protector and Preserver of many of those good Laws which they enjoyed to ordain and publish by the advice of her Privy Councel who by the happy and sage conduct of all her affairs were well known by the effects as well as the causes the Mediums as well as the success to be as wise and prudent a Councel as any Prince of Christendome had to attend them That the Clerk of the Market in avoiding of the danger of the loss of his Office and further punishment at her pleasure should duly and substantially put in execution all such things as to his charge appertaineth as well for vittails to be had seasonable good and wholsome in the Towns and places near unto the Court as for the just observing of Weights and Measures assigned and assessed and likewise for setling of convenient and reasonable prises as well upon Meat and Drink Horse-meat Lodging Bedding and other things in such cases accustomed so as the Noblemen attending in the Court and all Suitors others following the same be not compelled in default of the said Clerk to be put unto excessive charges for their expences but such indifferency to be used therein as the plenty or sterility considered should accord with equity And straightly charged that no person of what estate or degree soever should in any wise pay mâ—re for Vittail Horsemeat Lodging or otherways then after the prises that
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
the sellers shall be pleased to put upon him shall for want of his Pourveyance or Compositions be enforced to lay down his Officers and Servants Tables and put all or most of his servants to Board-wages and that the money which shall be intended or assigned to pay them shall afterwards upon some emergencies or necessities of State affairs for the defence or preservation of himself or his people be transferred to other important uses When the wants and cravings of his servants who cannot live by unpaid Arrears may set them to hunt the people for monys which they suppose may by reason of some neglected rights or concealments be due from them to the King their Master or to devise projects and perswade him to strain his Prerogative in the reformation of known abuses in Trade or other dealings wherein many of the people do appear to be very great gainers more then by Law or Conscience they ought to be to the end that he might help his servants who think it to be reasonable enough for them to essay lawful ways and means to support themselves whilst they conceive that they should not have wanted their daily bread or maintenance if the business of the Common-wealth and the Kings care of the people in general had not bereaved or deprived them in their particulars And that their sufferings want of Wages and fitting maintenance was to procure the wel-fare and happiness of their fellow subjects Or if that way which many times galles vexes more in the maner then the things themselves shal not extend unto their relief will at the best after dangerous discontents and commotions in the minds of the people but beget largâ— Taxes and Assessements in exchange of projects or some other necessitated incursions upon the peoples liberties or produce some Artifices of Policies of State to raise money from them as the Crusadoes by the Popes in the Reign of King Henry the third and dispensing for money with such as had engaged to go to the wars in the holy Land and were sick or not able or had a minde to â—arry at home or as some Kings and Princes have done by pretending fears of invasion from some neighbor Princes or a necessâ—ty of transporting the war out of their own into an enemies Country and when they had raised great sums of money and made ready their Armies dismissed all but the money which was gained by them to return home again upon an overture of a peace or a certainty that there was no need or likelihood of wars When it is well known that the people had no just cause to complain of the Pourveyance or Compositions for it nor of the Cart taking as to themselves or their servants when the Masters had two pence a mile allowed them for their Horses and Carts which most commonly went not above twelve miles from their habitations the Horses having no want of Grass Provender or Hey the men had better Beer and Victuals then they had at home And the owners of Carts and Horses within the Virge of the Kings houses or Palaces or in the way of his progress were no loosers by his coming when either for his recreation or refreshment or to visit the several parts and Provinces of his kingdom he should think fit to make his progress to meet with and redress any complaints or grievances which should happen therein So as the fault must needs be in themselves if they would now finde fault with that which they could not do before when as those just and ancient rights of the Kings of England and duties of their subjects were alwayes so necessary and inseparable to the Crown and their Imperial dignity as that if our ancient Kimgs of England had not enjoyed those their just rights which the fury of the Barons waâ—s against King John and his son King Henry the third and those grand advantages which they had over those Kings in so great a commotion of the people which the power and interests of those Barons for all had not laid aside their loyalty had stirred up against them did not in the making and confirming of our Magna Charta think fit to deny them if they paid the antiqua pretia ancient rates and hire they could not without an immense charge which we do not finde they were at have removed so often and so far as they did from London to their several houses and Palaces which their many Forrests Chases and Parks for their disport and Hunting in several Counties and remote parts of the Kingdom will evidence that they did not seldom do and make so many Voyages into Normandy as our Norman Kings William Rufus and Henry the first and their successor Henry the second and he and his son King John and Richard the second did into Ireland or as other of their predecessors did into Wales or as King James did from and into Scotland or King Charles the Martyr his son when he went thither to be Crowned nor keep their Christmas and other Festivals or their Parliaments as many of our Kings and their successors did in several places of the Kingdom which their Letters Pattents dated from thence do frequently testifie or the term as King Edward the first did at York Neither could our late Royal Martyr King Charles the first have made so good a shift as he did to remove himself and his Court Northerly and to York in the yeer 1641. to save himself from the London tumults nor have gathered Forces or had means or time to defend himself and his people if he had released and forbid his Pourveyances by Act of Parliament but must like a Bird without Feathers or with broken wings have been taken with a little running after and been brought back again by the Sheriff of the first County he had escaped into which the Rebellious paâ—ty in the late distempered and fatally unhappy Parliament were confident would have been the consequence of his going away from them without granting unto them his regality and surrendring up the care and protection of his people into their arbitrary way of governing them in his name to their own use and as they pleased by Votes and Ordinances If his officers and servants could not when the Factious party in that Parliament had seised his Rents and Revenues have hired a Cart for his use without an order or provision of Carts and Horses made by the appointment of two of the next Justices of Peace or at a lesser rate then six pence a mile or what more every rich sturdy Clown or his rude unmannerly servants should have demanded of them to be paid before hand and upon refusal of their Carts or Carriages should have had no other remedy but to complain to the Justices of Peace to compell or punish them The want of which part of the Royal Pourveyance as well as his other Pourveyance and Compositions for them hindring his now Majesty in the last Summer 1661. when he
to the King many if not all of which were by Priviledges or otherwise exempted from Pourveyance and being at a low and great undervalue in the latter end of the Raign of King Henry the Eighth now above one hundred years since of the yearly value of one hundred eighty six thousand five hundred twelve pounds eight shillings peny farthing now improved unto more then Ten times that yeerly value are for the most part of them come to be the inheritance of Lay-men And too much of the Revenues of Bishops which by a sacrilegious alienation from the Church are not enjoyed by any of the sons of Levy A great part of the Lands belonging to Monasteries or Religious houses by custome or exemption become Tythe free The greatest part of 3845. Appropriations or Impropriations which had been formerly designed and given ad mensam unto several Monasteries and Religious houses for the better support and maintenance of their hospitality and which before contributed nothing to the Kings Pourveyance now made to be a Temporal and Lay inheritance Many Forrests and Chaces and a great part of other Forrests and Chases Deafforrested much Assart lands and many Parks converted to Tillage or Pasture No Escuage paid since the Reign of King Henry the sixth nor Aid leavyed to make the Kings eldest son a Knight or to marry his eldest daughter for above fifty years during the Reign of King Edward the sixth Queen Mary and Queen Elizabeth and very many Copy-hold estates which usually paid nothing at all to the provisions for the Kings houshold converted into Freeholds Many Fenns and Imbancked Marshes consisting of some hundred thousand Acres Drained or recovered from the Sea An Espargne or saving more then formerly of much money very far surmounting the yearly charge damage or losses by the Kings Pouâ—veyances in the purchase or procuring the Popes Bulls which as was affirmed in the Parliament of 25 H. 8. had betwixt that time and the fourth year of the Reign of King H. 7. cost the people of this Kingdome threescore thousand pounds Steâ—ling by being no more troubled with provisions to Benefices many chargeable Oblations to the Church and mony spent in Lamps or Taâ—ers Pourveyance or provisions for the Popes Legates Shrines Copes Altarages extraordinary Masses Dirges Trentals relaxations faculties grants aboltions Pensions Censes Procurations rescripts appeals and long and chargeable journyes to Rome where as well as in England as their own Monkes and Wâ—iters affirm the Pope did Angariis Injuriis miseros exagitare poll and pill the wretched English made Walter Gray a Bishop of England in the Reign of King H. 3. pay one thousand pounds for his Pall and at the breaking up of every general Council extorted of every Prelate a great sum of money before he would give them leave to depart chid William Abbot of St. Albans for coming to take leave of him without any present and when he offered him fifty marks checked and inforced him before he went out of his Chamber to pay one hundred Marks the fashion being then for every man to pay dear for his Benedictions lay down his money ready told before his Holiness feet and if present Cash was wanting the Popes Merchants and Usurers were at hand but upon very hard conditions to supply it And so great were his Emunctiones as Mathew Paris calls them exactions and impositions in England as a bloody Wolf tearing the Innocent sheep by sometimes exacting a third part of the Clergies goods and at other times a twentieth by aides towards the defraying of his own wars and other pretences sometimes exacting the one half of an yearly revenew of their Benefices and enjoyning them under the penalty of their then dreadful Excommunications not to complain of it or publish it sending his Legats or Predicatores to wring and preach money out of the peoples purses pro negotio Crucis under coloâ—r of making a war to regain Jerusalem and the Holy Land out of the hands of the Saracens and by such a multitude of other contrivances and extorsions as all the Abbotts of England vulâ—u Flebili capite dâ—â—nisso were with great sorrow and lamentation enforced to complain to the King of the impossibility of satisfying the Pope eos incessanter torquenâ—i incessantly grinding tormenting them of his avarice and exactions toto â—undo detestabiles to be abhorred of all the world By Dispensations pardons liceâ—ces Indulgencies vows pilgrimages Writs calâ—ed perinde valere breeves and other instruments of sâ—â—dry natures names and kinds in great 〈◊〉 which in the Act of Parliament of â—5 H. 8. 〈…〉 the exonerating of the Kings subjects from 〈…〉 and impositions paid to the See of Rome 〈…〉 said to have greatly decayed and impoverished 〈◊〉 â—â—tâ—llerable exactions of great sums of money the subjects of the Realm A freedom from the chargeable giving of great quâ—ntities of Lands for Chantries and the weaniâ—g of that Clergy by the reformation of the Church oâ— England from their over-sucking or making sore the Breasts or Nipples of the common people which the murmuring men of these times would if they had as their forefathers tried it more then seven times and over and over be of the opinion of Piers the Plowman in Chaucer who being of the Romish Church wrote in the unfortunate Reign of King Richard the second when the Hydra of our late Rebellious devices spawned by the not long before ill grounded Doctrines and treasonable positions of the two Spencers father and son began to Craule complaining That the Friars followed folke that were rich And folk that were poor at little price they set And no Cors in the Kyrkeyard nor Kyrke was buried But quick he bequeth them ought or quit part of his det Adviseth his friend Go confesse to some Frier and shew him thy synnes For while Fortune is thy frend Friers will thee love And fetch the to their Fraternity and for thee beseech To their Prior Provinciall a pardon to have And pray for the pole by pole if thou be pecunâ—osus Brings in a Frier perswading a sick Farmer to make his confession to him rather then to his Parish Priest and requesting him as he lay upon his death-bed to bestow a Legacy upon his Covent Give me then of thy Gold to make our Cloister Quoth he for many a Muskle and many an Ouster When other men have been full well at ease Hath been our food our Cloister for to rease And yet God wot unneath the foundement Performed is ne of our pavement Is not a Tile yet within our wones By God we owen fourty pound for stones And in his Prologue to his Canterbury Tales thus Characters such a Frier Full sweetly heard he confession And pleasant was his absolution He was an easie man to give pennance There as he wist to have a good pitance The diâ—use of the old and never grudged course of Sponte Oblata's gifts or presents to the King and the
afterwards by reason of the Murrain of Cattel and a more then ordinary unseasonableness of those years twenty quarters of Corn were furnished for the Kings use and taken by the Sheriff of Kent at eleven shillings the quarter as appeareth by a Tally struck foâ— the payment thereof yet extant in his Majesties Receipt of the Exchequer and although that in the year next following by reason of a peace with France and the great victories before obtained against it by the English when the King was rich and the people rich which makes a Kingdom compleatly rich with the riches and spoiles gained thereby and that great store of Gold and Silver Plate Jewels and rich vestiments sparsim per Angliam in singulorum domibus were almost in every house in England to be found and that in the 23. year of the Raign of the said King so great a mortality of men and Cattle happned ut vix media aut decima pars hominum remaneret as scarce a third parâ— and as some were of opinion not above a tenth part of the people remained alive which must needs have made a plenty of money tunc redditus perierunt saith the Historian hinc terra ob defectum Colonorum qui nusquam erant remansit inculta tantaque miseria ex bis malis est secuta quod mundus ad pristinum statum redeundi nunquam postea habuit facultatem insomuch as Rents or Tenants for Lands were not to be had the Lands for want of husbandmen remained untilled which would necessarily produce a dearth and scarcity of Victuals And so great was the misery as the Kingdom was never like to recover its former condition And that in the 25. year of the Raign of King Edward the third by reason of the Kings coyning of groats and half groats less in value then the Esterling money Victuals were through all England more dear then formerly and the Workmen Artificers and servants raised their Wages yet in Anno 12 R. 2. though there was a great dearth yet Wooll was sold for two shillings a Stone a Bushel of Wheat for thirteen pence which was then thought to be a great rate a Bushel of Wheat being sold the year before for six pence And in Anno 14. of King R. 2. in an account made in the Receipt of the Exchequer by Roger Durston the Kings Bayliff he reckons for three Capons paid for Rent four pence half penny for thirteen Hens one shilling and seven pence for a Pâ—owâ—share paid for Rent eight pence and for four hundred Couple of Conies at three pence a couple one hundred shillings In Anno 2 H. 5. the Parliament understood four pounds thirteen shillings four pence to be a good yearly aâ—lowance or salary for a Chaplain being men of more then ordinary quality so gâ—eat a cheapness was there then of Victuals and other provisions for the livelihood of men and for Parish Priests six pounds per annum for their Board Apparrel and other necessaries and being to provide that Jurors which were to be impanelled touching the life of man Plea Real or Forty Marks damage should be as the Statute of 42 E. 3. c. 5. required men of substance good estate and credit did ordain that none should be Jurors in such cases but such as had fourty shillings per annum in Lands above all charges which was so believed to be a good estate in 5 H. 8. c. 5. which was almost one hundred years after as the Parliament of that year did think it to be an estate competent enough for such kind of men In the Raign of King Henry the sixth after that France a great and rich neighboring kingdom was wholy conquered and possessed by the English who had not then learned their wasteâ—ul Luxuries or Mimick fashions and could not with such an increase of Dominion and so great spoils and riches transported from thence hither but be abundantly and more then formerly full of money the price and rates of Victuals was so cheap as the King could right worshipfully as the Record saith keep his Royal Court which then could be no mean one with no greater a charge then four and twenty thousand pounds per annum and in the 33. year of his raign which was in Anno Domini one thousand four hundred fifty and five by assent of Parliament granted to his son the Prince of Wales but one thousand pound per annum whilst he had Dirt and Lodging for himself and his servants in his house until he should come to the age of eight years and afterwards no more then 2000. Marks per annum for the charge of his Wardrobe Wages of servants and other necessaâ—y expences whilst he remained in the house of the King his â—ather which was then thought sufficient to support the honor and dignity of the Prince and heir apparent of England though now such a sum of money can by some one that mâ—ndeth his pleasure more then his estate and the present more then the future be thrown away in one night or day at Cards or Dice In Anno 37 H. 6. Meadow in Derbyshire was valued but at ten pence per Acre and errable Land at three pence In the 22. year of the Raign of King Edward the fourth which was â—n the year of our Lord one thousand four hundred eighty and two the price and value of six Oxen was at the highest valuation but ten pounds In the seventh year of the Raign of King H 7. which was in Anno Domini one thousand four hundred ninety and two Wheat was sold at London for twenty pence the Bushel which was then accounted a great dearth and three years after for six pence the Bushel Bay Salt for three pence half penny Nampâ—wich Salt for six pence the Bushel white Herrings nine shillings the Barrel red Herrings three shillings the Cade in the fifteenth year of his Raign Gascoign Wine was sold at London for fourty shillings the Tun and a quarter of Wheat for four shillings In the 24. year of the Raign of King Henry the 8. a fat Ox was sold at London for 26 s. an half peny a pound for Beef and Pork and a half penny farthing a pound for Veal and Mutton was by Act of Parliament thought to be a reasonable price and with gain enough afforded In the fourth year of the Raign of Queen Mary which was in the year of our Lord God one thousand five hundred fifty and seven when very many families and multitudes of the people of England had been but a little before greatly monyed enriched by the lands spoil or the Monasteries and other Religious houses and their large possessions Wheat was sold before Harvest for four Marks the quarter Malt at four and fourty shillings the quarter and Pease at six and fourty shillings and eight pence but after Harvest Wheat was sold at London for five shillings the quarter Malt at six
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
and the Court of Wards and Liveries and Tenures by Knight Service either of the King or others in Capite or Socage in Capite did not expressely alleage or allow those Tenures and the incidents thereof to be their just rights but onely that the consequences upon the same have been much more burthensom grievous and prejudicial to the Kingdom then they have been beneficial to the King and alleadging also that by like experience it hath been found that notwithstanding divers good strickt and wholsom Laws some extending as far as to life for redress of the grievances and oppressions committed by the persons imployed in making provisions for the Kings houshold and of the Carriages and other provisions for his occasions yet they have been still continued and several Counties have submitted themselves to sundry rates Taxes and Compositions to redeem themselves from such vexations and oppressions and that no other remedy will be so effectual as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Majesty his heirs and Successors so as very many or most of the seduced and factious part of the people of this Nation having in the times of our late confusions been mislead or driven into an ill opinion of it may with the residue of the people be easily carryed along with the croud to a more then imagination that the Pourveyance and Prae-emption was no less then a very great grievance and that his Majesty was thereby induced to accept of a recompence or satisfaction for it and permit the people to purchase the abolition of that which they supposed to have been a grievance which do appear neither to be a grievance nor recompence but a great loss to the King and as much or more in the conclusion consideratis considerandis to the people And that the vulgar and men of prejudice and ignorance are not so easily or with a little to be satisfied as the learned and that in justification of a business from those Obloquies so unjustly and undeservedly cast upon it and so highly concerning the King and his people and in a way nullius ante trita pede altogether untroden wherein I cannot honor and obey the King as I ought if I should not take a care of the rights of his people which is his daily care nor love them or my self if I should not do all that I can to preserve his regalities I can be conscious to my self of many omissions and imperfections in regard of sundry importunities of Clients affairs some troublsome business of mine own which either could not or would not give me any competency of time or leasure but did almost daily and many times hourely take me off as soon as I was on and so interrupt and divert me as I had sometimes much ado when I got to it again to recollect my scattered thoughts and materials and Writing as the Printer called for it with so great a disturbance and a midst so many obstructions may possibly be guilty of some deformities in the method or stile some defects or redundancies impertinent Sallies or digressions or want of coherencies which might have been prevented or amended if I could have enjoyed an Otium or privacy requisite for such an undertaking or have had time to have searched the Archives and too much unknown or uninquired after Records of the Kings just legal Regalias or those multitudes of liberties customs and priviledges which the Lords of Mannors and their Tenants do at this day enjoy by the favour of the King and his royal Progenitors or to have raked amongst the rubbidge of time long ago tripped over and the not every where to be found Abdita rerum or recesses of venerable Antiquity or to have viewed all at once what I had done in its parts and delineations and perused it before it was printed in a compleat Copy with a deliberation necessary to a work of that nature and concernment But howsoever I speed therein I shall like those that brought the Pigeons or Turtle Doves instead of a more noble sacrifice content my self libâsse veritati to have offered upon the Altar of truth what my small abilities and greater affections could procure whereby to have incited such as shall be more happy in their larger Talents to assert those truths which I was so willing to have vindicated and to have rectified that grand and popular groundless mistake and prejudice which multitudes of the common people have by the late Vsurping Powers been cunningly taught to have against it And whether they intended evil or good thereby might be easily misled or mislead themselves to scandalize such an Ancient Legal and reasonable custome and Right of the King when as the great Civilian Paulus saith Rerum imperiti censuram sibi de rebus quibusdam arrogant volentes esse Legis Doctores nesciunt de quibus loquuntur nec de quibus affirmant ambitiosè pervicaciter insolenter ineptè de magnis rebus statuere And it was but a trick of the godless Tyrant and his company of State Gipsies to make the people the more able or willing to covenant and ingage for the maintenance and perpetuity of their Sin and Slaverie and to bear and suffer greater burdens taxes and oppressions then ever Englishmen did before And whatsoever the Fate of these my labors shall appear to be can conclude in magnis voluisse sat est and subscribe my self Your Lordships affectionate servant Fabian Philipps THE CONTENTS OF THE CHAPTERS CHAP. I. THe Antiquity of the Royall Pourveyance and Praeemption for the maintenance of the Kings Houses Navy Castles and Garrisons attended by a Jus Gentium and reasonable Customes of the most or better part of other Nations page 9. CHAP. II. Of the Vse and Allowance of Pourveyance in England and our British Isles p. 44. CHAP. III. The reason of Praeemption and Regall Pourveyance or Compositions for the Provision of the Kings Houshold p. 97. CHAP. IV. The right use of the Prae-emption and Pourveyance or Compositions for them p. 234 CHAP. V. Necessity that the King should have and enjoy his ancient rights of Prae-emption Pourveyance or Compositions for them p. 268 CHAP. VI. The small charge of the Pourveyance or Compositions for it to or upon such of the people as were chargeable with it p. 329 CHAP. VII That the supposed plenty of money and Gold and Silver in England since the Conquest of the West-Indies by the Spaniards hath not been a cause of raising the prices of food and victuals in England p. 341 CHAP. VIII That it is the interest of the people of England to revive again the Ancient and legal usage of his Majesties just rights of Praeemption and Pourveyance or Compositions for them p. 400 The Antiquity Legality Reason Duty and Necessity of Prae-emption and Pourveyance for the King Or Compositions for his Pourveyance as they were used and taken for the Provisions of the Kings Houshold the small
to be by an invadeing of the peoples Rights and Properties in their moveables or immovables but a receiving or imposing of that which publick welfare and the contracts or respects of Subjects in general or particular have for benefits received and to be continued reduced into reasonable Customs and made to be as a most ready and willing Tribute Oblations or Duty to their Kings and Princes may go as high as Filial duty and Paternity and a retribution or gratitude for the peace and plenty which their Subjects and people enjoy under their Government Love Honor and Reverence for their Protection and self Preservation publick weal and safety and of every mans particular included in the General and was to be found in the morning of the world as well as in the afternoon and evening of it when as Joseph relieving the Egyptians necessity which a national Famine had brought upon them gave them Lands and Seed-Corn to sow it that they might have food for their Housholds and little ones and made a Law over the Land of Egypt to this day that the King should have the Fifth part of the yearly profits except the land of the Priests only which became not Pharaohs And in the Reign of King David when the Moabites being become his Subjects sent him Guifts and Shobi the Son of Nahash and Rabbab of the Children of Ammon and Machir the Son of Ammiel of Lodebar and Barzillai the Gileadite of Rogelim in his sorrowfull march against his Son Absolom brought Beds and Basins Earthen Vessels Wheat and Barley Floure Parched Corn Beans Lentils Parched Honey Butter Sheep and Cheese of Kyne for David and the people and in all or most of the Circumstances of what was lately used in England was no stranger in the happy and famous Government of King Solomon the wisest of men whose wisdom excelled the wisdom of all the East Country and all the wisdom of Egypt for besides the Victuals and Provision which his twelve great Officers or Socage Tenants provided for him and all that came unto his Table all the Kingdoms which he reigned over from the River of Euphrates unto the Land of the Philistines and unto the border of Egypt and all other his Dominions brought Presents unto him and his prouision for one day was thirty measures of fine Floure threescore measures of meal ten fat Oxen Twenty Oxen out of the Pastures and an hundred sheep besides Harts Roe Bucks Fallow Deer and fatted Fowl And all the Earth sought to Solomon to hear his wisdom which God had put in his heart and they brought every man his present Vessels of Silver Vessels of Gold Garments Armour Spices Horses and Mules a rate year by year And he raised a Levy out of all Israel and the Levy was thirty thousand men and sent them to Lebanon as workmen ten Thousand a month by course and two months at home and Judah and Israel were many as is the sand which is by the Sea in multitude eating and drinking and making merry and dwelt safely every man under his own Vine and under his Figg Tree from Dan even unto Beer-Sheba all the days of Solomon and as Josephus saith had Tribute Gatherers over the Syrians who brought him Provision towards the keeping of his house horses Mesha King of Moab rendred unto Ahab King of Israel a Tribute of one hundred Thousand Lambs and an hundred Thousand Rams with the wool some of the Philistines brought Jehosophat King of Judah Presents and Tribute Silver and the Arabians brought him Flocks seven thousand Rams and seven hundred Hee-goats And in the measure and description of the Holy City shewed to the Prophet Ezekiel in the Twenty Fifth year of Jehoiakims Captivity a portion of the City and Suburbs and Oblations were appointed for the Prince Which custom or right due to the Kings or Governors was not after the long and lamentable Captivity of the Children of Israel at their return and building of Jerusalem either forgotten or thought fit to be laid aside when as the Righteous Nehemiah considering the necessities of the people refused the bread of the Governor and that which was prepared for him daily which was one Oxe and six thousand sheep and also Fowls and once in ten days store of all sorts of wine Nor was that usage and way of remuneration to Superiors confined only to the pedagoguie of the Jews under the Severities of their Mosaical Laws or their being so much weaned from avarice or selfishnes by their remissions in their years of Jubile their many oblations free-will offerings and chargeable Sacrifices and no less a penaltie then death ordained for not obeying their Princes or Magistrates but was by a light of nature and emanation of right Reason some way or other brought or carried to the Greeks no despisers of wisdom or prudential imitations Agamemnon at the siege of Troy was able to treat the chief of the Grecian Army in his Tent with all fitting provisions And Eustathius the Scoliast saith that the King had at the devision of any spoils an extraordinary share assigned him for such entertainments The Spartan Kings had in all Sacrifices the Chynes and the skins for their honorary Fees as amongst the Hebrews the Priests had the shoulders and in that popular rustick and unmanerly Commonwealth of the Lacedemonians their Kings even in the time of their insolent Ephori who dominered over them and when they lived and were maintained ex publico out of the publick could not be denied by the Laws of Lycurgus in egressibus their marches or progresses capere quaecunque pecora libuerit to take what Cattel they pleased Et singulis quoque Calendis mensium singula pecora eis è publico data fuerint And in the Calends of every month the people gave or presented Cattel unto them Apollini immolanda to sacrifice to Apollo and when their Pythii or those two whom the Kings did use upon occasions to send to Delphos to consult the Oracle were publickly to eat with them Regibus ad Caenam non euntibus binae Chaenices id est Semimodia Farinae uni singulae Cotylae i. e. sextarii presentibus dupla data fuerint if the Kings for sometimes they had two came not to the place appointed to eat with the Pythii certain large proportions of meat wine and other Provisions were sent them and when they did come had a double proportion more then the Pythii allowed them The Athenians whilst they were a Republick highly valuing and carefully preserving their Liberties had their Tolls and vectigalia publica their Senators as well as their Judges having an allowance or pensions out of them and their Sitophilaces and Frumentatores or Overseers of the Corn were able to take care of the Provision of Corn quod in atticum emperium adveheretur duas partes in urbem mercatores deferre cogerent that two parts of the Corn which should be brought
to receive the Kings or Princes Messengers or Earls or Dukes and their Attendants imployed in their Affairs but to give them entertainment according to their dignities and it was so especially ordained as de missis nostris discurrentibus saith an express Law of that good and virtuous as well as great Emperor vel ceteris propter utilitatem nostram iter agentibus ut nullus mansionem contradicere eis presumat no man was to deny any employed upon his service entertainment in his house regis quoque recipiendi idem onus provincialibus incumbebat ejusque rei cura ad mansionarium and the King was in his Progress or travelling to have the like and the care thereof belonged to an Officer called Mansionarius or Mansionum Marescallum the Marshall or as we now call it the Harbenger to whom saith Hinckmarus out of Adalhardus it belonged ut in hoc maxime sollicitudo ejus intenta esset ut susceptores quo tempore ad eos illo in loco Rex venturus â—sset propter mansionum preparationem ut opportuno tempore prescire potuissent nè aut tardè scientes propter afflictionem familie importuno tempore peccatum aut isti propter non condignam susceptionem to take great care that those who were to receive the King when he should come might have such timely notice as for want thereof the Family might not be put to the greater trouble or punished for not worthily entertaining him And the old French whom Franciscus Hottâ—mannus would make to be the freest of all Nations were so used to those paratas or pastùs making provisions for their Kings as they did make livrees a term now used in France for provisions or meats which in specie were daily provided for the Kings house Et olim magistris hospitiijus Annonae quae in Comitatum Regium importabatur per praeconem statuendi praetium eosque poenis gravioribus mulctandi qui societatem coiissent ut Annona Carior esset and therefore the Stewards or great Officers of the Kings Houshold did heretofore appoint the rates of provision for the Kings house publickly proclaim it and punish such as did confederate to raise the prices or make them dearer Et non hospicium modo Regi aliisque ab eo missis dabatur verum parabantur alimenta not lodging or house-room only but food and provisions were to be provided for the King or such as he should employ upon his occasions Nor was it unusual amongst the antient Germans who totam spirantes libertatem though they were loath to come behind any Nations of the world in freedome ex omnibus quae terra producere solet usui necessariis exceptis vix bubus semmibus ad excolendam terram idoneis de ceteris quantum necesse fuerit militi profuturis ad regios usus suppeditare aequum illi arbitrentur of all which the earth produced and was necessary for use except Oxen and seed to sow the ground withall and might supply the Army to furnish some part for the use of the King In Franconia that great part or Circle of the German Empire which is washed with the Rhine non antea Vindemiare cuiquam concessum quam domini quibus decimae debentur permiserunt suis expensis decimam in domini Torcular inferre debent no man was to gather and press his grapes without the Lords licence and every man was at his own charge to bring the tenth part thereof to their Lords By the Laws of tâ—e Ripuarians or Borderers upon the Rhine a penalty of 60 shillings was to be imposed upon him qui Legatarium Regis vel ad Regem seu in utilitatem Regis pergentem hospitio contempserit who should refuse to lodge any Embassadour of the Kings or sent unto him And amongst the Lombards such a care there was to be in every man of all the Kings concerns as nemopresumat ad Regem venienti mansionem vetare quae necessaria sunt sicut vicino suo ei vendat no man was to deny any of the Kings Lieges lodging in his journey to the King but was to sell him things necessary as cheap as to his Neighbour In Poland which is an Elective Kingdome and where the people take no small care of their Liberties and Priviledges the Agrestes and Ascriptitii Socage Tenants and Husbandmen besides their Rents paid to the King in money Pensitant Pecuarias Frumentarias Avenarias aliarum rerum pensiones nec Agricolae sed et oppidani quin et equites sive milites non penitùs immunes sunt doe provide Cattle Corn Oates and other provisions and not only the Husbandmen but the Burgers neither are the Knights or Gentry altogether free from it Jumenta autem ei quacunque iter facit et canes cum venatoribus ejus alere necesse habent but doe furnish horses and carriages and provisions for his Hounds and Hunters And the Kingdome being divided into four parts Rex in orbem quotannis invisit the King every year visiteth them in his Progress è quorum singulae ternis mensibus alunt Regem Regumque Comitatum and every Province for the space of three moneths doe furnish him and his Court with provisions of victuals The dull and frozen Muscovite or Russian denies not his Prince his labour when he calls for it or a part ex ferarum exuviis of the surres which he getteth The Tartars as fierce and unruly as they are and a nasty People nearly related to beasts who live in Tents all the Summer and remove from place to place with their Cousins the Cattle and in their Cottages or ugly Houses daubed with their Cattles dung all the Winter drink Mares milk and eat Horse-flesh carrion and garbage bestowing many times no more Cookery upon it then what â—he wind and sun affords them do willingly furnish their Prince or great Chan with horses and all kind of houshold provisions as well in time of Peace as Warre The Laplanders and Samoites bordering upon the Dane and Russe when they hold their Mart at Cola upon St. Peters day cannot keep it unless the Captain of the Wardhuyss that is Resiant there for the King of Denmark be present or send his Deputy to set prices upon their Stock-fish Train-oyl Furres and other Commodities as also the Emperour of Russia's Customer or Tribute Taker to receive his Custome which is ever paid before any thing can be bought or sold. At Naples a Tribute is yearly paid pro singulis focis pro hospitiis praesidiariorum nobilium quorundam qui Proregem comitantur by every house towards the charge and provision of the Presidents and Nobles which attend the Vice-Roy and every two years great Donations are presented from the Churches The Grand Duke of Florence or Tuscany vectigal quod ipsi darium vocant pro animalibus quae Florentiam ducuntur percipit hath a Tribute which they
call there Dairo for all Cattle which are brought to Florence In Hungarie which hath been in this and the foregoing Century or Age an Elective Kingdome in the House of Austria the Coloni Faâ—mers or Husbandmen and common-People are obliged ad gratuitas operas labores sex dierum to work six dayes for nothing in the fortifying of Castles and Garrisons anno 1600. propter penuriam Annonae defectum jumentorum by the scarcity of victuals and defect of Horses and Cattel for Carriages the States of Hungary not being able to promise certam vecturam victualium what victuals they could carry and provide did hope if God send them more plenty quod non deâ—runt regnicolae qui praetio quantum fieri potuit victualia convehent that the Inhabitants of the Kingdome would take care that victuals may be provided and carried as cheap as may be The Swedes who do boast themselves to be the remaining parts of the Ostrogothes are an Elective Kingdome are omnia tributa census Regidebita vehere transferre juxta Regis voluntatem to carry and bring to the King his Tributes and Rents which are there much in provision or where else he shall please to dispose of them And by that grand guide of Reason the Civil Law which in all the Kingdomes and Provinces of the Christian World is the Cynosura or Pole-starre by which for the most part their Governments are steered and directed That custome of Pourveyance for the Princes private as well as publick use was ever so inseparable and usual and so little scrupled at or complained of as it grew to be as universal as it was antient and in the later time and old age of the Civil Law as well as the morning youth and age of it to be justly accompted to be principis privilegium gloriosae militiae currus et naves accipere subditorum pro vehendo res de loco ad locum si sibi necessarium fuerit tam pro casu suo quam probello a Priviledge and Right due to Princes and the publick welfare to imprest and take Ships and Carts of their Subjects when there shall be need as well for their own use and occasions as in times of warre Et si naves plaustra tempore exercitus occultentur poterunt confiscari de jâ—re talem confiscationem esse legitimam saith Ferettus who wrote no longer agoe then in the Reign of the Emperour Charles the Fifth and our King Henry the Eighth cum agatur de honore commodo universali ac de principis Imperiâ— and if Ships and carriages or carts should be hid whereby they might not be taken for the use of the Army they were by Law to be confiscate and such a confiscation is lawfull when the publick honor and profit are concerned or they are seized by the Princes order And Ulpian saith ad onus fructuarii pertinet si quod ob transitum exercitus penditur si quid mâ—nicipio nam solent possessores certam partem fructuum municipio viliâ—râ— preâ—io addicere et ad fructuarium haec onera pertinebant it belongeth to the Tenant or Farmer if the Army pass that way to pay contribution and also to a Garrison for the Tenants and did use to send in a certain part of provisions at cheaper rates then ordinary And in oneribus patrimoniorum etiam hospitâ—m susceptio ponenda est the lodgings and free-quarter of persons imployed for the use of the publick were likewise to be born plerumque enim militibus supervenientibus vel publicis personis ea iter facientibus hospitia in civitatibus praebere oportuit and commonly if any Souldiers or publick persons travailed that way they were to have lodgings free-quarter in Cities Et ab his oneribus quae patrimoniis vel possessionibus indicuntur neque numero liberorum neque ullo alio privilegio quem excusari and from which publick charges which are laid upon mens Patrimonies or Estates no man was to be excused by having many children or by any other priviledge Ab hoc tamen hospitiis recipiendi munere militibus veteranis medicis Philosophis vacatio immunitasque principum constitutionibus indulta est from which notwithstanding old Souldiers Physitians and Philosophers or poor Scholars were only so favoured by the Prince as to be exempted In Spain a Kingdom very fruitfull in Taxes and never or seldom parting with any that have been once raised or charged upon the people witness their Cruzado's for the holy warre and Assessments for the expelling of the Moors there is a Consilium or Tribunal which hath cognizance and judgeth de Annona concerning corn and other provisions And the King continueth to this day which might spare contribution towards the maintenance of his house a decimam omnium vaenalium tenth of all sorts of things which are sold imposed by King John ob belli subsidium upon occasion of a warr in Anno 1366. In Portugal the King hath his publick Tolls and Alfandega's ex quibuscunque vaenalibus out of all victuals and commodities of some a tenth some a fifth and of others some other part The Commonwealth of Venice so mingled and as well as may be composed of an Aristocratie Democratie and a small part of Monarchy and with such a harmony and content of her Citizens as the Doge or Duke Senate and Magistrates rather then the common people are by many worthy Authors and Writers reported to enjoy a most clear and satisfying liberty have their Proveditori All-sale who rent the Salt-pits and take care that the City be served at reasonable rates their Signori della Grascia who do supervise Cheese Bacon and salt things Signori del vino who look to the condition and rates of all kind of wines and a sort of Aediles called delle ragion vecchie whose office it is to entertain forraign Ambassadors or Princes and to defray their charges at the publick expence of St. Mark and their Signori delle biaâ—i who are to take order that the City be well provided with a sufficient proportion of wheat and other grain And their Duke having speciem regiam non potestatem the shew of a King only but little of the power and qui aulam non alit ut liberi principes sed congruam solam familiam though he keeps not a Court as free Princes doe but only a private Family hath ex publico aerario a yearly Salary and the greater because every year he is to feast the Principal of the Senate and nè ullus praeteritus videatur veteri instituto ac lege constitutum est to the end that none may seem neglected by an antient Law and Custom is to send every winter five wild Ducks to every Citizen that hath voice in the great Council The States of the United Provinces in the Netherlands who are well contented to call themselves Hooge Mogende and Groot
pay one per cent for provision of Fortresses In the Kingdom of Barnagasso the King hath besides Silks and Cloth of Gold and other precious things for Tribute Horses and payeth himself 150. Horses to Pretious or Prete John Emperor of Ethiopia of whom he holdeth The Kingdom of Oghy besides a Tribute of Gold and Silver sendeth him yearly a thousand Beeves In Ethiopia the Prete or Emperor upon the coming or returning of Embassadors gives order to his Subjects or Vassals to furnish them with provisions for their Journey and not long agoe commanded one to whom he had but a little before given a little Lordship containing not above 80. Houses and two Churches to furnish an Embassador with five hundred Loads of Corn a hundred Oxen and a hundred Sheep The Gozagues do yearly pay to their King besides great quantities of Gold and Silver a thousand Beeves alive The Maldives do yearly pay unto their King the fifth part of the grains which they sowe and give him a Portion of their Coco's and Limmons and besides their Taxes compound also for fruits and honey The Princes and great men in Japan do contend who shall give most to the Caesar and almost impoverish themselves by their Presents All the houses in the City of the Kings Residence are by the King taxed towards the making of Fortresses In Firando in Japan when any forraign Merchants are by the King invited to see Playes and publick Shows they send Presents to him and every forraign Merchant that comes thither may not sell his goods untill he hath carried a Present to the Emperor And when any of the Kings white Elephants are brought unto him the Merchants in the City are commanded to come and see him and bring every one a Present of half a Ducat which altogether amounteth to a great sum of money In Industan when the Mogol goeth abroad or in progress euery one saith Sir Thomas Roe by whose house he passeth is to make him a Present Sir Thomas Roe himself doing it when the King or Mogol rode to the River of Darbadath All the Persian Merchants doe bring their goods first to the Mogol who buyes what he pleaseth and after his Officers have set the rate they may sell to whom they will All men strive to present him with all things rich and rare and no man petitioneth him for any thing empty-handed and thereby come to preferment some giving him one hundred thousand pounds in Jewels at a time The King of Achen commands those of Tecoo to bring thither their Pepper which none may buy but he and puts off his Surat commodities in truck to them at what rates he pleaseth and oftimes sends his commodities to Priaman and Tecoo enforcing them to buy them at his own rates none being suffered to buy or sell before he hath vented his own At Bantam the Governor or Protector so called useth to send in the Kings name to the people to serve him with sacks of Pepper some a hundred some fifty some ten some five at the Kings price which was a Riall less in a Sack then the Merchants paid Divers bring Presents of Rice and Cashes and some bring imbroidered cloth for the Kings wearing Nor were the more civilized part of the Heathen only accustomed to the way of Pourveyance or bringing provisions or presents to their Kings and Princes but the wild and savage part of them were by the Lawes of nature and glimmerings of the light of reason taught to doe it In Mexico in the West-Indies and its large Dominions under the Emperor Montezeuma containing 100 Cities and their Provinces the people did pay a certain yearly Tribute to the King for water brought by pipes into the City Those that hold lands did yearly pay unto him one third part of their fruit and commodities which they had or did reap as gold silver stones dogs hens fouls conies salt wax honey mantels feathers cotton and a certain fruit called Câ—cao which they there used for money also all kinds of grain Garden-herbs and fruits Some Towns paid 400 burdens of white Mantles others great Tropes of wood full of Maiz Friâ—oles c. some four hundred burdens of wood others four hundred planks of Timber some every six moneths brought four hundred burdens of Cotton-wool and others two thousand loads of Salt two hundred pots of Honey twenty Xacaras of Gold in powder and some a Truss of Turkie stones and paid besides the King of Alzopuzalco a Tribute of Firre and Willow-trees towards the building of a City Divers Provinces are bound to provide fire-wood for the Kings house amounting unto two hundred and thirty weight a day which was five hundred mens burdens for the Kings particular Chimnies they brought the Bark of the Oak The Incas or Indian Kings before the coming of their unlucky loving friends the Spaniards had their Tributes yearly brought unto the Court and when any work was to be done or any thing to be furnished for the Incas the Officers knew presently how much every Province Town and Family ought to provide and by their Registers strings and knots knew what every one was to pay even to a hen or burden of wood And as Inea Garzilasco de la Vega a Native of Cozco relates in his book of the antient customes of those Countries did amongst other Tributes make and furnish clothes and Arms to be used in warr In Virginia the Weroances under-Lords or petty Kings did hold their lands habitations and limits to Fish Foul or Hunt of their soveraign King Powhatan to whom they pay Tributes of Skins Beads Copper Pearl Dear Turkies wild Beasts and Corn. And in all Savage Countries the English Merchants and Navigators as Mr. Edward Winslow a man afterwards too well known amongst the plundering and mistaken godly at Haberdashers Hall hath related at his return from thence doe make presents to the Savage Kings In New-England the Sachims or Lords are subject to one Sachim to whom they resort for protection and pay homage neither may any make warre without their privity every Sachim knoweth the bounds and limits of his Country and that is as his proper Inheritance and out of that if any of his men desire Land to set their corn he giveth them as much as they can use and puts them in their bounds Whosoever hunteth or killeth any venison which is there much of their food he bringeth him his Fee which is the fourth part of the same if it be killed on the Land but if in the water then the skin thereof Once a year the people are provoked by the Pinieses Knights or Councellors of the Sachims to bestow much corn on the Sachim who bring him thereupon many Baskets of corn and make a great Stack thereof In Florida where they all goe naked and doe but litle exceed the beasts of the field in understanding and want the wit of most part of the Nations of the world to cover their nakedness they can notwithstanding
crowd in amongst them and subscribe to that rule and part of right reason in making retributions and acknowledgements to their Kings or Governors for self-preservation so as a Lord of that Country brought the Governour of the Plantation which was made there two Deer skins and in one Town they made him a present of 700 wild hens and in other Towns sent him those which they had or could get A Caâ—ique at Panico near Florida and his men as their manner is weeping in token of obedience made the Governor a Present of much Fish And this custom of Pourveyance and gratefull acknowledgments being thus diffused and to be found amongst the farre greater part of all the Nations of the world we may well conclude it to be almost as universal as the use of Beds Phisick Horses and Shooes or the custome of washing of hands and so generally as if the Sun had in his journies been imployed by God Almighty the Author of all Wisdome and Goodness to scatter and infuse it with his light into the minds and understandings of mankind And that those few places or parts of the world which have not that custome because their Kings are their Peoples Heirs take what part of their Estates they please and govern by an Arbitary power may when they arrive to a better understanding acknowledge and bewaile the want of it And that from these and the like customes of real and willing obedience love to their Princes and their honor and dignity in which their native Countries and themselves did pertake and had so great a share came those great and marvailous publick works As the Piramides of Egypt the Obelisk cut by Semiramis out of the mountains the Pensil Gardens made by Nebuchadonosor the costly and most magnificent Temple of Solomon which was seven years in building by one hundred eighty three thousand six hundred men imployed therein the second Temple at Jerusalem which was 8 years in building and 10000 workmen at a time working upon it a part of the River Euphrates cut and brought into Tigris Ninive built and walled 480 furlongs about and 10000 workmen at a time imployed The stupendious and great Wall of 40 leagues in length built in China the Picts Wall as yet a wonder in its ruines and remains built betwixt some part of England and Scotland of 80 miles in length by Adrian the Emperor and another in or near the same place by the Emperor Severus Grahams Dike in Scotland built by Carausâ—us the Vallum Barbaricum a great Wall or Trench made by the Emperor Julian in Germany to defend it against the incursions of the Barbarians the four great High-wayes or Roads in England called Watlingstreet the Fosse Erminstreet and Iknel-street leading to the four Quarters or several parts of the Kingdome the Aquaeducts stately Buildings Palaces Castles and Forts and many other publick works built by the Romans and the greatest part of the Nations of the World serving to beautifie and adorn as well as strengthen it which could never have been made or done by the greedy rates of workmen or the extremities or hire of the utmost farthing And hence it will be now time to imbark for old England and our British Isles the more antient habitation of the Britains CHAP. II. Of the Use and Allowance of Pourveyance in England and our British Isles WHere those prudential as well as antient just reasonable Customes being by a long usage of time incorporated into the Civil Law and so universally allowed and received amongst many Nations as they may well be said to be established jure naturae gentium by a Law of Nature and Nations could not be any stranger when as the Romans by the conquest of it and the Governors and Legions transported hither were not likely to leave behind them their own Lawes and Customes especially such as these which had been appropriated to Martiall affairs and the support of the Honor and Dignity of the Governours or Lievtenants of Provinces For in Britain when Julius Agricola in the Reigns of Nero and Domitian governed for the Romans such kind of Pourveyance for publick uses or support of the Magistrate was taken as Tacitus his Son in Law in his life relates when he did frumenti tributorum auctionem aequalitate munerum mollire circumscisis quae in quaestum reperta mollifie the augmentation of Tribute and Corn with equal dividing of burdens cutting of those petty extortions which grieved the Subjects more then the Tribute it self for it seemed that the Romans had ingrossed all the Corn of the Country and instituting a Monopoly thereof compelled the poor Britains to buy it again of them at their price and shortly after laying a new charge upon them as to victuall the Army or the like to sell it again under foot and the Cart-takers for carriage of provision did use to take up Carts at places farre distant and make them pay well to be spared whereas the same thing saith Sir Hen. Savile the learned Scholiast or Commentator upon Tacitus might have been done without molestation of the people but not with like gain to the Officers nor were our Ancestors the Britains so unhappy in their friends the Saxons likely to be unlearned in those customes of Pourveyance when that great and famous Lawyer Papinian did afterwards at York for some years together under the Emperor Severus as our great Selden intimates dicere docere jus Caesareum keep the Courts of Justice according to the Roman Laws and that those Lawes flourished and continued here as directors and assistants of their Government for more then 350 years after that is to say from the fiftith year of Christ to about the year 410 since when or before the Irish paid very antiently their Coshery or exactio Dynastae Hibernici quando ab incolis sub ejus potèstate clientela victum hospitium capiebat pro seipso suaque sequela Tributes to their Kings or Rulers of lodging and victuals for them and their Retinue and so long continued it as it is not yet out of the memory of some men with how much honour and esteem an Earl of Desmond lived in the Reign of Queen Elizabeth amongst his Tenants in Ireland where when he yearly made his Progress they having comfortable bargains were some for one day and night others for two and some for a greater part of time to entertain him and his no small company And those reasonable Customes of Pourveyance without destroying of property have not been disused but have with relation to publick uses or benefits kept company with our municipall Lawes and Customes during all the Saxon times untill the Reign of Canutus the Danish King who notwithstanding his Agreement with King Edmond Ironside made in a single combat in Alney Mead before Gloucester in Campo Martio view of the Danish and English Armies to divide the Kingdomes of England and Denmark betwixt them having by the death of
that valiant Saxon King and his own and others treachery gained and gotten to himself the whole Kingdome murdered Edmond Ironsides kindred and friends denied his children their fathers right in the Kingdom of the West Sexes banished them deprived his Cousin Olaus of the Kingdome of Norway and acting an haughty and domineering Tyranny thought his Prerogative to be so boundless that he took it ill that the Sea which is only commanded by him that stilleth the raging waves and rideth upon the wings of the wind did not adore his feet and run back like the river Jordan and having Demeasns Provisions enough of his own for the maintenance of his Houshold and lazy and unruly Lourdanes did in a contrivance of some ease to the people in small or less considerable matters the better to please them and assure his new Dominions sapientum adhibito Consilio by advice of his Parliament or Councill in Anno 1010. ut quo prius opprimabatur onere populum liberaret that they might be freed from the burden with which as he said they were formerly oppressed amongst other things by a Law Order and Command his Officers as the learned Mr. Lambard hath out of the old English or Saxon published it ut ex aratione praediis suis propriis quae sibi fuerunt ad victum necessaria suppeditent neque alius quisquam victui sui adjumenta praestare invitus cogatur atque si eorum aliquis hoc nomine mulctam petierit is proprii capitis estimationem Regi dependito that out of his own Demeasnes they should provide necessaries for his Houshold and that none be compelled to furnish any provisions And if any of his Officers should impose any penalty upon them for not furnishing such provisions he should himself forfeit or pay a great sum of money amounting to near as much as he was worth But as John Bromton who wrote in the Reign of King Edward the third hath recited that Law it doth something differ from that which Mr. Lamberd hath mentioned and is only in these words praecipio praepositis meis omnibus ut in proprio meo lucrentur inde mihi serviant nemo cogatur ad firmae adjutorium aliquid dare nisi sponte sua velit all his Reeves or Officers were commanded that they should make the best profit they could of the Kings Lands for his use and that no man should be compelled to add or pay any thing more then his Rent or Farme unless he should do it of his own accord Et si quis aliquem inde gravabit werae sua Reus sit erga Regem and if any should disturb them therein they should forfeit and pay a Fine to the King And that Law or Edict or Proclamation rather then a Law taken as it is either in Bromton or Lambard was but only intended as the title and body of it signifieth de victu ex praediis regis concerning his Tenants in his own Lands and Demeasnes and any provisions to be made by them over and above their Rents but did not discharge Cart-taking or other parts of the Royal Pourveyance in his own Demeasnes nor extended to any Lands or people other then the Kings own Demeasnes and can signifie no more then his desire to spare the Tenants of his own Lands from being charged with any provisions for his House who as Sir Edward Coke saith in his Comment or Annotations upon Magna Charta and the Statutes of Articuli super Chartas being the Kings Tenants in antient Demeasne have ever since enjoyed many great priviledges as to be free from payment of Toll paying of wages to the Knights of the Shire which serve in Parliament and the like And were by speciall priviledge granted by William the Conqueror to have upon Judgements obtained against any that did them wrong double the forfeitures and penalties or damage which were to be adjudged to any other And the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Mr. Somner saith in his Glossary victum propriè sonans signifying only some provision of victuals reserved it is not likely that the firmae adjutorium in Bromtons Translation of that Law or Edict of King Canutus could be meant or expounded that no provisions should at all be paid for then it would have signified the whole Rents to have been acquitted if no moneys had been used to have been paid together with provisions Or if as the judicious Sir Hen. Spelman saith the word Farme doth import tam redditus pecuniarias ex elocatis provenientes quam Annonarias as well for rent in money as corn and other provisions for housekeepings pro caena prandio corrodio convivio epulis et omni mensae apparatu sumitur and is taken for a Corrody Supper Dinner Feast or any other provision to furnish the Table and that some money and some provisions were paid for their Rents it remains a doubt what that favour intended by Canutus his Law or Edict should be interpreted to be or how much of that Kings provisions towards the keeping and maintenance of his house were by him remitted or if it shall be understood to have been only in alba firma quae argento penditur non pecude only in money which if at all was very seldome used in those times that also must be denied to have been either the meaning or practise of that Law or Edict of Canutus when as the Tenants of the Crown have been found to have paid their provisions for Housekeeping in Edward the Confessors reign before the Conquest and after in the reigns of William the Conqueror William Rufus and part of the reign of Henry the first so as the way to get out of it will be in all probability to understand it to be no otherwise then a foâ—bidding the rapines and the outragious taking of the peoples Cattel Corn and Provisions by his unruly Danes who had so lately been invading and plundering enemies and were scarcely denizend For in the same Parliament we find his Law that Dona potionis honoraria aliaque debita Dominis officia in suo semper statu immutato manerent honorary oblations or customes for drink with other duties of Tenants to their Lords should continue as formerly and remain unchangeable And the Customes of England afterwards extant and to be found in old Charters and Doomsday book do accordingly often mention Bordland to find provisions for the Lords Houses or Tables Droâ—land to drive their Caâ—tel to Fairs Markets c. Berland to bear or carry provision of victuals or the like for them or their Stewards in their remove from place to place Poâ—ura or Drinklan or Scot ale a Contribution by Tenants towards a â—otation Drinking or an Ale provided to entertain the Lord or his Steward coming to keep his Courts Gavel Malt Gavel Corn ad deferâ—endum cariandum ad costas expensas tenentium usque ad granarium and to carry it at
the Tenants charges to the Lords Granary Gabulum mellis or Rent-honey 〈◊〉 gavel Rent-oates Wood-lede to carry home his wood Gavel or Rent-timber to repair his house and Gavel dung to carry out his dung often used in Kent where they think that in liberties and priviledges they doe surpass most of the other parts and Provinces of England And could at the same time also lay a greater burden upon the people then his pretended ease amounted unto in that his Law touching his own Demeasnes and enjoyn the Romescot or Peter-pence for every house or chimney which he had given the Pope larga maâ—u penhenniter as Bromton saith and a charge upon the people to a perpetuity as he thought of that which the former Kings had made but some temporary grants of to the See of Rome with great penalties for the non payment thereof And under severe mulcts commâ—nded the yearly payments of the Cirickseaâ— or Oblations for First fruits to the Church which was then as Mr. Somner saith à census sâ—â—e in gallinis sive in aliis rellus pro aedium decima solvendis a Rent or Duty to be paid in Henns or other things for the Tithes of their Houses or as a Symbolum or munus gift or offering And though William the Conqueror had a great affection to establish Leges Noricas Danish or Norway Lawes then used in many Provinces yet was England so happy in its unhappiness as he did not but precibus Anglorum atque Normannorum deprecâ—tus tired with the petitions and importunities as well of his Normans as the English ut per animam Regis Edwardi qui sibi post diem suum concesserat câ—ronam regnum cujus erant Leges nec aliorum extraneorum exaudiendo concederet eis sub legibus perseverare paternis as he respected the soul of King Edward who gave him the Crown and Kingdome and whose Lawes they were and not any strangers that he would not hearken unto them but give them leave to enjoy the Lawes of their Ancestors whereupon consilio habito precatu Baronum by the advice and counsel of the Barons when his conquering Normans as well as the subdued English thought it to be most for their good and safety to be governed by Edward the Confessors Lawes and the good old Customes of England he did after an enquiry of duodeâ—im sapientiorum de quo libet comitatu quibus jurejurando injunctum fuit twelve of the wisest men of every County upon their oaths restore to them patriae leges their own Laws especially the Laws of Edward the Confessor which were first instituted by King Edgar and had long lain asleep but at the same time took a care by a Law made on purpose ne quis domino suo debitas praestationes which did then and antiently signifie services and duties to be done subtrahat propter nullam remissionem quam ei antea feâ—erit that no man upon any release or discharge made thereof should withhold or deny his service or accustomed dues to the Lord which repealing as it were Canutus his Law did not certainly exclude the King or his Successors in their own particulars when as he procured by another Law ut jura regia illaesa servare pro viribus conentur subditi that all his Subjects should endeavour all they could to preserve his Regalities Et ex illo die the Laws of Canutus vanishing probably as those of Cromwell did Leges Sancti Edwardi multa autoritate veneratas per universum regnum corroboratas et observatas and from that time the Lawes of Edward the Confessor were greatly reverenced and through all England observed For we find not that Law of Canutus either repeated or mentioned as the Laws of some of the Saxon Kings were or any thing of that nature enacted or confirmed in or by the Laws of Edward the Confessor William the Conqueror or King Henry the the First but on the contrary the Laws of Edward the Confessor confirmed by William the Conqueror doe expresly ordain that debent enim et leges eâ— libertates jura et justas consuetudines regni et antiquas a bonis predecessoribus which could not well be meant or intended of any of Canutus or any the Denelage or Danish Lawes approbatas inviolabiliter modis omnibus pro posse suo servare every man ought to his utmost to keep and conserve the Lawes Liberties and Rights and the just and antient Customes of the Kingdome The Abbot of Ramsey was by a Charter of William the Conqueror exempt from carriages and Pourveyance And the Book of Doomesday which was made in the sixteenth year of his Reign and remains ever since an unquestionable record of the Kingdome is not without some vestigia or footsteps of Pourveyance in the Reign of that good and to this day ever honored King Edward the Confessor where it is said that tempore regis Edwardi reddebat civitas de Gloucester xxxvi l. numeratas xii sextaria mellis ad mensuram ejusdem Burgi xxxvi Dacras ferri C. virgas ferras ductiles ad claves navium Regis quasdam alias minutas consuetudines in Aula in Camera Regis in the time of King Edward the Confessor the City of Gloucester did pay yearly six and thirty pounds in money twelve measures of honey containing six Gallons a piece according to the measure of the Town six and thirty Dacres a proportion then known by that term of Iron and one hundred Rods of Iron to make nails for the Kings Ships and certain other small Customes for the Hall and Chamber of the King Et in Sciptone Rex tenet de annona xv l. the King had fifteen pounds per annum provision of corn and other victuals The Bordarii often mentioned in Doomesday Book were such as held Lands mensae domini designatas esculenta indicta videlicet ova gallinas aucas porcellos et hujusmodi ezhiberent appropriate to a Pourveyance for the Kings Table furnishing Eggs Hens Geese Pork and the like and for the Huscarles or houshold servants so called concerning whom it is there said Et gilda pro decem hidis scilicet ad opus huscarlum unam marcam argenti and he paid taxes for ten hides that is to say a mark of silver for the use or maintenance of them Tit Northantesceire reddit firmam trium noctium vel edulia ad caenam unam 30. lib. ad pondus made provision for one night of the value of thirty pound tit Oxenefordsc Comitatus Oxeneford reddit firmam trium noctium hoc est 100 lib. furnisheth provision for three nights of the value of 100 pound Et Doomsd. tit Wilts Wilton quando Rex ibat in expeditione vel terra vel mari habebat de hoc manerio xx sol ad pascendos suos Buzcarlos aut unum hominem ducebat secum pro honore quinque hidarâ—m when the King went
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
beaten and if taken in the fault the second time should loose his hand and the third time should be hanged Et ad legitima pondera mensuras merces quaslibet vendere voluit venditores and commanding that all things should be sold by just weights and measures ordained that whosoever should be found guilty in doing contrary thereunto should pay a pound of the purest gold to his Treasury quam si dare non poterit condemnatus cum pondere mensura ad collum ejus appensis in sui paenam a well deserved punishment and every where to be imitated aliorum exemplum per terram in qua fraudem commiserit publice fustigetur which if he should not be able to pay he was with the weight or measure hung about his neck for a punishment to deterre others from doing the like to be beaten about the place where the fraud was committed for the second offence to have his hand cut off and for the third to be hanged The Swedes ordained that all moveables should be bought presentia testium before witnesses and imposed penalties upon any deceits used therein And in the former France for the modern ought to be distinguished from the antient as having for the most part since unhapily exchanged their antient Laws Liberties for an Arbitrary power the survey correction of weights and measures is as it was formerly un droit de la couronne a right of the Crown and antiently there were Roys des Merciers en toutes les Provinces de France proueus par le grand Chambrier de France qui avoyent la visitation des poids et balances some Officers called Kings of the Mercers in every Province of France appointed by the great Chamberlain of France which were to visit the weights measures and ballances and Tiller saith that the grand Chambellan himself was therefore sometimes called Roy de Merciers quand l' office Feodall du grand Chambrier avec ses dependances a esâ—e reiiny a la Couronne par le Roy Francois le premier en l' an 1545 les Roys ont bien commis des visiteurs ou Roys des Merciers c. King of the Mercers and that when the Office Feodal of the great Chamberlain with its dependances was united to the Crown by King Francis the first in the year 1545. the Kings of France have since appointed those visiteurs c. Et qu'en la menue merchandise qui sont les victualles et autres petites commoditez pour l' entretien et usage iournalier du peuple les Juges de Police y peuvent mettre tax et faire tout autre reglement pour empescher les Monopoles et autres abus mesme pour fair fournir l' habitant avant le Marchand qui les vent revendre and as touching small Merchandize as victuals and other the like commodities for the daily use of the people the Magistrates or Judges appointed for that purpose may set a rate or price make orders to prevent ingrossings monopolies or other abuses and command the seller to furnish the Inhabitants before such as buy to sell again Et de cet article dependent les poids mesures pour ce qu'en vain y mettroit en le prix si le poids et mesures n'y estoient certaines justes And to them the care of weights and measures appertained for that otherwise it would be in vain to set the price if the measures and weights should not be certain and just And our Saxon Kings did think the Markers deserved a more then ordinary care to be taken therein when as King Alured or Alfred as good in his government as his name did as Sir Henry Spelman thinks most probably ordain Court Leets to be holden twice a year in singulis Villis in every or many Towns of the Kingdome and that in the multitude of those very atnient little Courts which our Nobility and Gentry have ever found to be very usefull for their own just rights and power over their Tenants in their Regalities as they are now called and subordinate Jurisdictions and if well observed and looked unto would be for the publick good and profit both of the King and all sorts of his people The Steward gives at this day in charge to the Juries little or not at all observed the more is the pitty to the great inconveniencies and grievances of the people to inquire of deceits and abuses in Trade or such as make or sell deceitfull wares or sell by false weights and measures of Bakers and Brewers which keep not the assise prices and quantities according to the Writing or Roll of the Kings Marshalsey of Victuallers and Fishers selling at unreasonable rates of Forestallers Regrators and Ingrossers or which buy up Corn Butter Cheese and other victuals with an intent to sell again to advance the price thereof c. King Edward in Anno 912. did ordain that no man should buy any thing without a voucher nor out of a Town unless in presence of a Magistrate or other good men King Athelstane about Anno 930. ordaâ—ned that extra oppidum quicquam viginti denariis carius aestimatum no man should buy any thing out of a Town of above the value of twenty pence or within the Town but in the presence of the Magistrate or the Kings Officer King Edgar did about the year 960. ordain the price wooll with a nec pluris is vendatur that more should not be given for it Canutus made a Law against false weights and measures and no man in City and Country was to buy any thing living or dead exceeding the price of four pence without the testimony of four good witnesses and if he did and another claimed it he should not vouch him that sold it The Thol or Toll as we now call it was before and at the Conquest usually paid pro libertate vendendi â—mendi for licence to buy or sell or as a Tribute upon the sale thereof Every man was prohibited to buy any thing sine fidejussoribus without Vouchers or Pledges And if the Seller had not Pledges he was to be stayed or arrested untill he had brought a warranty Et si quis aliter emeret quod stultè emisset cito perdet And if any should otherwise buy he was quickly to loose what he had so foolishly bought By the Laws of William the Conqueror nemo emat quantum quatuor denariis aestimatur neque de re mortua ne que de viva absque testimonio quatuor hominum aut de Burgo aut de villa no man was to buy any thing which amounted to the value of 4 d. without testimony of four witnesses of the Town or Village Et ut nulla viva pecunia vendatur aut ematur nisi intra civitates et hoc ante tres fideles testes nec aeliquam rem vetitam sine fidejussore warranto quod si aliter fecerit
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
Nobiltiy by their Common Council should be ordained and the Procuratores Cleri Proctors or Representers of the Clergy not Bishops who sate in Parliament and were summoned unto it as a third Estate and Barons inter Proceres Regni amongst the Nobility of the Kingdome ad consentiendum to consent only to such things as should be ordained in Parliament as hath been learnedly and accurately proved by examination of antient Records and Parliament Writs by Mr. William Prynne in his second part of a Register and Survey of severall kinds and forms of Parliament Writs And may well be deemed to be no less then Law and right Reason when as divers Acts of Parliament made by the advice of the Lords Spiritual Temporall and the assent of the Commons summoned called unto Parliament by the Kings Writ to consent only unto such Laws as should be made therein with the Royal assent and breath of life given by the King unto such Acts without which those Petitions and Bills which were intended and desired by the people to be Acts of Parliament are but as the matter to the form presented unto the King in his great Councill and Parliament and amount unto no more in the best of value and constructions which can be put upon them then Petitions and Requests or as bodies without souls or pieces of Silver or Gold uncoyned having not the power or effect of money without Caesars Image and Superscription and the Royal Stamp and Authority given them have enacted and ordained the same or the like cares and provisions as that without date made in the Reign of King H. 3. or Ed. 1. or Ed. 2. and to be found amongst the Statutes of 17 Ed. 2. if all or some of them were not made by the Kings Royal Authority and power only that the Toll of a Milne shall be taken according to the custome of the Land strength of the water-course either to the twentieth or four and twentieth corn and the measure whereby the Toll must be taken was to be agreeable to the Kings measure and taken by the rate and not by the heap or cantell The Assise of Ale to be according to the price of Corn. Butchers to be punished which sell unwholsome flesh â—ushels Gallons and Ells shall be kept by Mayors Bayliffs c. signed with the Kings Seal and he that buyeth or selleth with any other shall be amerced No grain shall be sold by the Heap or Cantell but Oats Malt and Meal Wines by the Act of Parliament of 4 Ed. 3. shall be assaied twice a year and be sold at reasonable prices and a Cry or Proclamation made that none should be so hardy as to sell wines but at a reasonable price regarding the price that is at the Ports from whence the Wines came and the expences as in carriage of the same from the Ports to the places where they be sold. No man may sell Ware at a Fair after iâ— is ended Victuals shalâ— be sold at reasonable prices and Butchers Fishmongers Regrators Hostelers Brewers Bakers Poulters and all other sellers of all manner of victuals shall be bound to sell the same victuall for a reasonable price having respect to the price that such victuals be sold at in the places adjoyning so that the said Sellers have moderate gains and not excessive reasonably to be required according to the distance of the place from whence the said victuals be carried None shall Forestall Wines and Victuals Wares and Merchandizes coming to the good Towns of England by land or by water to be sold. Auncel weight shall be put out weighing shall be by equall ballances every measure shall be according to the Kings Standard and be striked without heap It shall be Felony to forestall or ingross Gascoine wine Red and white wine shall be gauged Ballances and Weights shall be sent to all the Sheriffs of England and all persons are to make their Weights and Ballances by them And in anno 31 Ed. 3. because saith the Statute the Fishers Butchers Poulters and other sellers of Victualls in the City of London by colour of some Charters and by evil intepretation of Statutes made in advantage of the people that every man may freely sell victuals without disturbance and that no Maior Bailiffe or other Minister ought to meddle with the sale It was accorded assented That every man that bringeth victuals whatsoever they be to the City by land or by water may freely sell the same to whom shall please him without being interrupted or impeached by Fisher Butcher Poulter or any other and that the Maior and Aldermen of the said City may rule and redress the defaults of Fishers Butchers and Poulters as they doe of those which sell Bread Ale or Wine In the same year upon the complaint of the Commons that the people of great Yarmouth did encounter the Fishers bringing Herrings to the said Town in the time of the Fair and buy and forestall the Herrings before they come to the Town And also the Hostlers of the same Town which lodge the Fishers coming thither with Herrings would not suffer the said Fishers to sell their Herrings nor meddle with the sale thereof but sell them at their own will as dear as they will and give to the Fishers what pleaseth them whereby the Fishers did withdraw themselves from coming thither It was enacted that Herrings should not be bought or sold upon the sea That Fishers be free to sell their Herrings without disturbance of the Hostelers that when the Fishers will sel their Merchandises in the Port they shall have their Hostelers with them if there they will be and in their presence openly sell their Merchandises and that every man claim his part for the taking after the rate for the same Merchandises so sold. That no Hosteler or other buy any for to hang in their houses by Covin nor in other manner at a higher price the last then forty shillings but less in as much as he may That no Hosteler nor any of their Servants nor any other shall by land or Sea forestall the said Herrings No vessel called Piker of London nor of no other place shall enter into the said Haven to abate the Fair in damage of the people That all the Hostelers be sworn before the Wardens of the Fair and enjoyned upon a great forfeiture to the King to receive their Guests well and conveniently and to aid and ease them reasonably taking of every Last that shall be sold to other Merchants then the said Hostelers 40 d. That of Herrings sold to the same Hostelers to take in their houses the same Hostelers shall take nothing and that because of the profits which they shall have of victuals sold to their said Guests and of the advantage which they have more then other of carriage of Herrings so by them bought and hanging in their houses and for the advantage of 40 d. the
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
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
of the King Arch-Bishops Earls Barons and the most eminent men of the Kingdome with candles or torches burning in their hands in Westminster Hall denouncing excommunication direfull curses and Anathema's against the Infringers thereof by the candles or torches flung upon the ground and wishing that so their souls might burn in hell And the same Magna Charta being by thirty Parliaments since confirmed and accompted to be part of the peoples Birthright It can be no less then the greatest of reason that those his Liberties and Priviledges mentioned and agreed therein should be as well preserved unto him as those of the people unto them and with the greater reason in that his were alwaies his own and many of theirs but newly granted them And that he was not in the confirming of Magna Charta without some care of preserving his own rights and priviledges as appeareth by his Writ or Proclation better in former times then now obeyed sent unto the Sheriff of York in these words Cum probis hominibus nostris libertates concesserimus per Cartas nostras in quibus continetur that which we have of that excellent Law and Charter being by many learned men believed to be but a Transcript quòd nihilomninus salve sint omnibus libertates liberae consuetudines quas prius habuerunt libertates nostras de quibus maxime specialis mentio in Cartis praedictis facta non est nobis volumus inviolabiliter observari unde tibi districtè praecipimus quatenus omnes libertates nostras usitatas tempore domini Johannis Regis patris nostri quas quidem nobis non subtrahimus ex speciali mentione facta in praedictis Cartis nobis facias firmiter observari nullius obstante reclamatione sicut usitatae fuerunt temporibus antecessorum nostrorum maxime tempore predicti patris nostri wherein he having granted that their Liberties which they had before should not be prejudiced commanded him that all his Liberties and Priviledges which were not specially mentioned and granted away in those Charters should be specially observed notwithstanding any allegation to the contrary as they were used and accustomed in the times of his Ancestors and especially in the Reign of his Father King John For the reason which gives Aaron and his Sons the Clergie their Tythes and Pourveyance should perswade the people to think the Composition for Pourveyance to be no burden when as it is as short of the Tithes as one unto a hundred And it should be reason if any thing can be reason and it be not fled after Astraea into the upper Regions and left some counterfeit and false resemblance instead of it that all or many or most of the males and men of England and such as in the Court Leets and elswhere have taken the Oath of Allegiance which all the men of England and their generations are so born under as by the Laws and Customes of England it is and ought to be as Connaturall and Congaeniall unto them and the Oath of Supremacy to maintain and defend the Kings Rights and Jurisdictions and all the Citizens and Freemen of London and other Cities and Corporations of England taking an Oath to the like purpose all the Freeholders of the Kingdome holding of him immediately swearing in their homage and fealty to doe him service and be faithfull unto him all the Copiholders holding of him swearing unto him their Fealty and all the Freeholders and such as hold of their mesne Lords by Knights service or Socage in their homage and fealty unto them excepting their allegiance and duty to the King should have as great a care not to deny him those parts of his Jurisdictions Praeeminences and just rights as they would not to perjure and forswear themselves or bring the curses and woes attending such grievous sins or the breach of that part of Magna Charta upon the heads of them and their posterities which a Kings assent to any Acts of Parliament for the taking away or extinguishing such individua annexa Coronae jure diadematis potestatis atque authoritatis inseparable parts of Majesty and the Rights of his Crown Regal power and Prerogative If any Law or Sanction could enable him to that which all Laws both Civil and Common doe deny will not be sufficient to acquit or discharge for although the dispensation of Oathes by those to whom and for whose benefit they were made be in some cases allowed by the Canon Law and some Roman Casuists doe believe that violation of oathes have been well dispensed withall by those for whose interest and benefit they were made it will not be hard to determine in the greatest veneration of Parliaments which are to be obeyed actively or passively and of whose acts no man is so much as to think evil that Laws of that kind when they shall be by importunities and necessities made or enacted against the Lawes of God and right reason cannot give an absolution for oathes violated nor if they could be excused for the not payment of those most necessary duties to their King and common Parent in foro humano in this world will ever be excused in foro animae in the next And if the Parliament in Anno 18 Eliz. took it to be for the good of the Universities of Oxford and Cambridge that the Colleges Halls and Houses for Students therein should receive the third part of their Rents in Corn and Mal◠and ordered them so to doe and that their Tenants who had then have since such comfortable Bargains and Leases under them as every man is glad to purchase or get them and inroll themselves for their Tenants wherein if a deer year comes once in 7 or 10 years and their Bargains happen to be so much the worser as the prises which are to be ruled according as the like was sold the Market day next before the Rent day exceeds the former or cheaper prices the yearly profit notwithstanding of their Lands being alwaies more then the Rent and six or nine cheap years to one may pacifie their complaints or grudgings the King certainly may expect as much or more care to be had of him and his house-keeping as there was of the Universities Colledges and Halls and not to be denied in his particular of Pourveyance or compositions for it that which every man thinks reasonable in his own Nor to be made so great a sufferer under those heaps of mischiefs and inconveniencies which by the great and excessive rates and prises put upon victuals and household provisions daily more and more encreasing doe assault and lessen his too smal a Revenue Neither should be rendred more helpless and in a worser condition then the Lords of Leets Sheriffs in their Turns Justices of Peace in their Counties Magistrates in Cities and Towns Corporate Judges in their Circuits the University of Oxford who hath liberty to punish the breakers of the Assise of Bread Beer and Ale and
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
people Subjects and men of Honor in England in those more honorable more performing less complementing times but since withering and growing fruitless and out of fashion when that great commander Luxury had with his Regiments and Brigades of vices new fangles and vanities subdued and put the people to a greater contribution towards such their wicked and vain expences and all that they can now make shift for is too little to support and bear out their extravagancies It is well known and experimented to the great comfort of such as lived within the virge of the Kings houses and residence that the Hospitality of the Kingdome like the heart in the body naturall the primum vivens beginner and conservator of life beginning in the Kings house and propagating and diffusing it self in and through as many of the Nobility and Gentry as being de meliori lutâ— of a more then ordinary extraction did strive as much as became them to imitate Royal Examples would be in the Kings house the ultimum mâ—riens the last which expired And that besides the necessary grandeur and magnificence of the Kings houshold plenty and variety of meat and drink to entertain at his Officers Tables the Nobility Gentry and Citizens which had any occasion to come thither and 240 gallons of Beer allowed the poor every day at the Buttery Barre three gallons every day at the Court gate for thirteen poor men six services or messe of meat and seven pieces of beef a day as wast and extraordinarie for the Kings Honor the chippings of bread sometimes more then should be and the fragments and knapstry of broken or quarter or half joynts of meat carcases of Fowl and Poultry pieces of Pie-crust or other provisions carefully and daily gathered and put into severall Almes-baskets left at every Table and Chamber in the Court and distributed unto the poor by two Grooms and two Yeomen of the Elemosinary or Almnery who enjoy an yearly Salary and maintenance from the King for that only imployment which hath fed and supported many poor Families in and about Westminster as well as Common Beggars the Lodgings and accomodations of Nobility and Gentry resorting to the Court have so greatly enriched all the Streets and parts about it as that end of London and parts adjacent have like trees planted by the water side so very much prospered as Westminster which originally had but some scattered houses adjoyning to the Abby and the Kings Palace came aftewards to be a Burrough Town Corporation endowed with great Liberties and Priviledges and sending Burgesses to the Parliament afterwards to be a City and the people of other parts as birds haunting the woods for shelter shade or succor observing the plenty happiness which they enjoyed have built made their nests habitations as near as they could unto that place and Royal seat of bounty charity and magnificence insomuch as the swelling and increase of London at this day every where to be seen not without some admiration in her Extent and buildings hath within this and the last Century of years very much outgrown that antient City it self and as Mr. John Graunt and some others have truly and ingeniously observed extended it self Westward and as near as it could unto the Royal bitation as if that were more to be desired for a neighbourhood then the River of Thames the Exchange or Custome-house of London and places of Trade and Traffick They therefore that shall remember how his Majesties Maundie or Charity kept as his Royal Ancestors ever did upon the Thursday before Easter or Eve of Good-Friday with a Joul of Salmon a Poll of Ling 30 red Herrings and as many white garnished with â—erbs in new clean wooden dishes four six penny loaves of Court bread cloth for a Gown and a Shirt a pair of New Shoes and Stockins and a single penny with a twenty shillings piece of gold overplus put in severall little purses given to as many poor old men as the King is years old and the state and decency observed in the distributing of it after their feet washed and dried and the King with a condiscention and unexampled humility beyond the reach and example of any of his Subjects kneeling upon his knees and devoutly kissing the feet of those his Almes-men cannot certainly tell how to murmur at such an hospitality or Provisions which afforded him the means wherewith to doe it Nor should the many cures which he yearly doth unto such as are Lame Blind Diseased or troubled with the Disease called the Kings Evil because he cureth it the patience and meekness which he employeth in it and the yearly charge of at least three thousand pounds per annum which his Angel Gold of the value of ten shillings and a silk Ribbon put about the neck of every one be they rich or poor young or old which doe come to that English Pool of Bethesda to be healed and cured be forgotten or thought unworthy a gratitude or some remuneration or acknowledgements Neither can any that ever understood or read of the round Tables of our King Arthur the great Roger Mortimer and the famous Hospitality of England continued through the British Saxon and Norman times all the turmoyls and troubles of the after Generations in their greatest extremities of the Barons warres and the direfull and bloody contentions of the two great discording Houses of York and Lancaster with the vast quantities of Land given besides to Monasteries and Religious Houses to the great increase of Charity and Alms-deeds which was then the only Trade driven or thought on in the way to Cabo di buona speranza the everlasting rest of the righteous the large proportions of Lands given for Chantries in a then supposed pious care of themselves and their Progenitors great gifts and remunerations to Servants and curtesies and kindness to Neighbours and Tenants when most of our Nobility and Gentry thought themselves not great unless they were good nor a Gentleman because he had only the insignia virtutum Armories and marks of the honor of his Ancestors descended unto him without the virtuous noble and heroick qualities which were the cause or original of them when pride and interest the Devils Deputies were not the Soveraign which they most obeyed vanity and all the folliâ—s of sin the neighbours which they loved as themselves when virtue was not reckoned as it is now amongst too many a base or simple companion nor honour turned into a Pageant or nâ—men inane or only made a pretence to deceive mens expectations when almost every English Gentleman was in his Parish and amongst his Tenants like Job that good accomptant of his talents a deliverer of the poor that cried the fatherless and him that had none to help him caused the Widows heart to sing for joy was eyes to the blinde feet to the lame brake the jawes of the wicked pluckt the spoils out of his teeth grieved for the poor
intended a Progress to visit his loyal City of Worcester the Royâ—l ever to be remembred Oak and the places of his marvelous escape in a grateful acknowledgement of Gods never to be forgotten mercies shewed unto him in that his greatest of distresses so as he could not either then or ever since perfect or put in execution that his pious and most Christian-like resolution may inform every one that is not more then deaf to all reason that it was the Nations concernment that the King should not have wanted the assistance of his Pourveyance to have gone to the place of that his extraordinary deliverance to have rendred thanks for himself and his people who may be said to have been delivered in him and escaped with him And if it had not been such an ancient right should not have been denyed him in his necessities which Cicero who was as great a Commonwealths man in Rome and lover of it as any of our Republicans could be in England was of opinion ought to be obeyed ubi pro salute Reipublicae where it is for the good of the Commonwealth And Molinâ— and Couarruvias do think it no adventure to conclude that in that case Subditi non sunt excusati in foro conscientiae si tributa collectas c. detrectent aut fraude circumveniant Subjects are not in conscience to be excused if they delay or deny to pay their Tributes or dues or shall use any deceipt in the payment of them For it can be no other then the weal publike and an universal good and benefit that the King who although he be Gods Deputie is not as he is Omniscient or Omnipresâ—nt nor can at once or a far off see and understand all the Actions of his subjects should like the Sun in his course visit at several times as many parts and places of his Kingdom as he can and it must needs be a great damage to his people that the King who is not to be chained like the Romane Gods to the Capitol or forced into the condition of some Foggy Citizen of London who being born within the sound of Bow Bell thinks it a great adventure to travil any further should be kept for want of his Pourveyance from the knowledge of his people who can not justly complain that their burdens or grievances when there are any as some will always be in the most Pacifique and happy Government and are many times not at all occasioned by any publike affairs or inconveniencies but by the peoples afflicting and oppressing one another a small matter being to a weak man or of an incumbred estate or overcharged with children misfortunes or debts a burden or grievance which to one that is otherwise would seem light or trivial and scarce worth the taking notice of Are not remedied or can no sooner get through the throng or crowds of pleasures designs or interests which too much and too often infest and injure the Courts of Princes and their good intentions or that they cannot find intercessors or opportunities when they shall for want of his Pourveyances and progresses confine him to one place of residence nor may wonder that he is so much in want of money and complain that they should so often be inforced to give entertainment to Subsidies Taxes and Assessments to supply him and the publike affairs when as they themselves do not onely increase his wants by putting dear rates and unreasonable prices upon him but constrain him by reason of the loss of his Pourveyance to reside altogether at London where nothing but devout cheating and knavery is cheap when David was sometimes at Hebron and Solomon at Gibeon aswell as at Jerusalem And it must needs be very necessary that Kings should sometimes by their progesses visit their several Provinces and inquire into the contents or discontents weal or wo of their Subjects when they have not an hundred eyes like Argus nor Lynceus his sharp sight to see as he is said to have done at a great distance nor can make use of their own eyes and ears the truest and best Intelligencers if they shall be always tyed up to one and the same House or Palace where the mists and clouds of Flattery the bane and ruine of Princes and their Kingdoms and people and multitudes of varnished designs do hourely interpose keep out or abuse any true information which shall be given or made unto them of the grievances of the people who like Cripples or Mephibosheth lame of their feet cannot reach the gracious eyes or ears of their Prince but must give against their wills advantages to every lying and deceitful Ziba to misuse or divert the effect of their Princes cares and good intentions which makes Progresses to be so useful and to have been heretofore so observed and unneglected by our English as well as all other Kings and Princes whereby to understand as Philippus Honorius saith La natura di subditi the manners and imployment well or ill being of their subjects and the performance or neglect of subordinate Governors and to rejoyce and comfort themselves in their love and acclamations and should therefore have their eyes like Gods-providence running to and fro the Land as much as mortality and its frailties can permit them which hath taught the great Monarch of Industan not onely yeerly to make his progresses into several parts of his Dominions but wherever he resides to shew himself every evening out of his window about Sun setting to the people and to cause a little Bell to be hung in the room where he sits by the cord whereof conveyed without the door and suitor or petitioner may ring the Bell be admitted And the unhappy Childerick King of France keeping too much within doors all the rest of the year could notwithstanding be perswaded to exhibite and shew himself to the people every May day The necessity and good use of Progresses being to be subscribed unto and acknowledged when the King shall diffuse his comforts to all that shal be within the circumference or neighborhood of his abode when he shall not by his Royal influence and neighborhood make one part of his Kingdom an East or West Indies and all the rest or the major part thereof to be a Greenland or place uncomfortable but extend his bounty and goodness at several times and seasons to all his people When many a petition and request shall not need to make a costly journey to London when the prices of the Markets raised higher then they were before by his Train and Retinue coming amongst them and the confluence of many people from all parts within or neer unto the neighborhood shall reimburse the Sellers a great deal more then those parts or their neighborhood did pay or were charged with either for Compositions for Pourveyance or Cart taking when some Cities and Towns as many have done shall be much the better by an enlargement of their Charters or a grant of
for Tillage and Pasturage agros luxuriantes rich and fertil Lands watered and enriched with many Rivers her Mountains and Downs covered and replenished with Sheep and far more then they were before the Raign of King Edward the third abounds with Corn Butter Cheese and all manner of Commodities for the uâ—e and livelyhood of mankind and by a greater improvement of all the Lands of the Kinâ—dom within this last Century or hundred yeares then was in three or four hundred yeares before and by watering marling and burning the more barren parts of it is gone far beyond the time and expectation of our Fathers and Progenitors either Brittaines Saxons or Normans and is in the yearly value of Land increased in many parts or particulars thereof twenty thirty or fourty to one more then it was insomuch as we may to our comfort say and believe that Forraign Writers were well acquainted with our happiness when they called England the Court of Ceres and as Charles the great or Charlemaigne of France our neighbor was wont to term it the Granary of the Western world a Paradice of Pleasure and Garden of God and was many ages before in the Brittish times so fruitful in all kinde of Corn and Grain as the Romanes were wont yearly to transport from hence with a Fleet of eight hundred vessels then but something bigger then Barges great store of Corn for the maintenance of their Armies and our Brittains could before those large improvements of Lands and Husbandry which have been since made in it declare unto the Saxons when they unhappily called them in to their aid and took them to be their friends that it was a Land plentiful and abounding in all things Pope Innocent the fourth in the Raign of our King Henry the third called it Hortus deliciarum a Garden of delights ubi multa abundant where all things are plentiful And in the Raign of King Edward the third where there was small or very little enriching or bettering of Lands compared with what it is now the English Leigier Embassadors at Rome heaâ—ing that Pope Clement the sixth had made a grant as he then took upon him to the King of Spaine of the Fortunate Islands now called the Canaries did so believe that to be England which was then granted by the name of the Fortunate Islands as they made what haste they could home to inform the King of that which they believed to be a danger And may now more then ever well deserve those Encomiums or commendations which our industrious Speed hath given it that her Vallies are like Eden her Hills as Lebanon her Springs as Pisgah her Rivers as Jordan and hath for her Walls the Ocean which hath Fish more then enough to feed her people if they wanted Flesh and had not as they have such innumerable Herds of Cattle flocks of Sheep such plenty of Foul Fruit Poultery and all other provisions on the Land for the sustenance life of man to furnish the delicacy of the richer part of the people and the necessities of the poorer if they would but lay aside their too much accustomed Lazines and carelesseness with which the plenty of England hath infected her people and not suffer the Dutch to enrich themselves and make a great part of their vast Commerce and Trade by the Fish which they catch and take in our Brittish Seas multiplying the stocks of their children and Orphants whilst too many of ours for want of their parents industry have none at all or being ready to starve or dye do begg up and down the streets when the waters have made her great the Deep hath set her on high with her Rivers running round about her plants and sent out her little Rivers unto all the Trees of the field when she is become the Merchant for many Isles hath covered the Seas with her ships which go and return a great deal sooner then Solomons Ships to or from Ophyr searcheth the Indies and the remotest parts of the earth to enrich her borders and adds unto her extraordinary plenty the Spices Sugar Oyl Wine and whatsoever foreign Countries can produce to adorn our Tables which former Ages wanted or had not in so great an abundance And that her people are now if so much no more numerous than formerly by her emptying of multitudes of her Natives into Ireland since the Raign of King Henry the Second many of whose Inhabitants have been English transplanted gone thither by our many great Plantations since the middle of the Raign of Queen Elizabeth sent into America as Virginia Bermudas New-England Barbadoes St. Christophers Mary-Land Charibe Isles Meâ—is c. By our many Voyages at Sea and to the Indies more than formerly our Fishing in Newfound Land which we had not in former dayes our Nursery of War and Regiments of English in Holland and the United Provinces and our greateâ— than formerly Luxury use of Physick and shortning the lives of the richer part of the people by it When the Provisions for the Kings Houshold or the Compositions for them in so great a plenty as England is now more than formerly blessed with notwithstanding that we do keep fewer Vigils Fasting Eves than heretofore and do as it hath been an usage custom of this Nation eat more flesh in every one month of every year the time of Lent excepted which since the Reformation of our Religion the return of it from the now Church of Rome to that which is more Orthodox is very little at all or not so well observed as our Laws intend and it ought to be than all France Spain the Netherlands do in every year would if the Universal Pride Luxury of the people and their Racking and Cheating one another to maintain it did not hinder it be as cheap or cheaper afforded than it was heretofore For that our Ancestors well approved and much applauded customs of Hospitality are almost every where turned out of doors and an evil custom of eating no Suppers which a Tax for a little time of as much as was saved by one meal in every week introduced and brought into fashion to maintain the Grand Rebellion hath helped the Back to cozen the Belly and the Back with its Brigade of Taylors and all other the abused and retaining Trades to Lucifer hath cheated and rooted out Love Charity and good House-keeping and retrenched much of the Provisions which were wont to be better employed That the Lands of most part of the Monasteries and Religious Houses in England and Wales and their yearly Revenues which at the old easie rates were in or about the Raign of King Henry the Fourth computed to be sufficient and enough to maintain fifteen Earls which after the rate of Earls in those dayes and their great Revenues could not be a little fifteen hundred Knights six thousand two hundred Gentlemen and an hundred Hospitals besides â—wenty thousand pounds per Annum to be given
Aurum Reginae Gold or presents made and given to the Queen in return of their Gifts and favors received from the King Great liberties and priviledges by grants of free Warren Mines Felons and Outlaws goods Deodands Waiss Estraies Fishings Court Leets Tolls and freedom from Tolls to many Cities and people of England granted since the ninth year of the raign of King Henry the third when for the like and some other liberties then confirmed unto them the people of England not having half so much before that time granted unto them as by the bounty and Indulgences of the succeeding Kings and Princes they have had since took it to be no ill bargain to give unto the King for that his grace and favour a Subsidy of the Fifteenth part of all their moveables not loosely rated or much undervalued as their posterities have found the way to do Abundance of Wood and Tymber sold and destroyed by their prodigal posterities which yeelded them as much money as the inheritance of the Lands would have done some of their wives like the story of Garagantuas lusty Mare whisking down with their Tailes whole Woods and great store of Timber in them of two or three hundred years growth A lesser number of servants and retainers and charge of Badges and Liveries especially since the Statutes of 1 R. 2. ca. 7. and 8 E. 4. ca. 2. made against too great a number or the abuse of them when as now many Gentlemen can put a Coachman Carter into one and supply the places of a Servingman Butler and Taylor by one man fitted for all those imployments A great increase of Wool and the price thereof since the Raign of King Edward the third by our quondam flourishing Trade of Clothing untill that our late giddy times of Rebellion had so very much lessened and impaired it Many great Factories or Manufactures of Bays Sayes Serges and Kerseys at and about Colchester Sudbury c. and of stuffs at Norwich Canterbury Sandwich Kiderminster c. erected and encouraged before our long and late unhappy wars and the raign and Rapine of Mechanick Reformers The Lands of Wales greatly improved since the Raign or King Henry the fourth and his severe Laws which denyed them the intercourse commerce and priviledges of England The freeing of some of the Northern Counties as Cumberland Westmerland and Northumberland from the trouble charge and damages of maintaining their Borders against the Scotish formerly and frequent outrages invasions and taking away their goods and cattle by day and by night And the like freedom from the incursions and depraedations of the Welch assured and settled upon the four Shires or Counties of Gloucester Worcester Hereford and Shropshire by the guard and residence of a Lord President of Wales and the Marches thereof Abundance of Markets and Fairs now more then formerly granted so as few or no parts of England and Wales can complain of any want of them within every four or five miles distance Great stoâ—e of Welch Scottish and Irish-cattel now yearly brought into England when as few or none were heretofore Horses Oxen and Cattel now by Law permitted to be transported into the parts beyond the Seas which were formerly denyed A greater profit made to many private Lords of Mannors by Lead and other Mines c. more then heretofore Many Fruit Trees bearing Apples Pears c. yearly planted and great quantities of Sider and Perry made more then formerly Many Rivers made Navigable and Havens repaired The loss of Cattel and great damages by Inundations of the Sea or the Creeks thereof or of some boysterous and unâ—uly Rivers prevented by contributions to the making of Sea walls by several Statutes or Commissions for Sewers None or very little trouble or charges before ouâ— late wars for maintaining of Garrisons c. or by the disorder or Rapines of any of them Our Ships better then in former times secured upon the Sea Coasts by light houses c. Some of our Principal native Commodities as Fâ—llers Earth Leather Hides c. and Corn when it is not cheap prohibited to be exported Divers Statutes restraining Aliens not being Denizend to Trade or keep Shops c. Convenient provisions made for Vicars in case of Churches appropriate The goods of Foraigners to be taxed for the payment of fifteens The breed of large Horses and increase of Husbandry commanded divers Statutes made for the incouragement of Merchants Merchandize and Mariners preservation of Fishing Fuel Cattel and Rivers and against Freequarter of souldiers excessive Tolls Forestallers Regrators Ingrossers and Monopolies Riots Routs and Vagabond Rogues and to relieve the poor All Commotes or unlawful gatherings of money in Wales and the Marches thereof taken away Weights and measures Regulated Depopulations prohibited Many an unjust title in concealed Lands made good by sixty years quiet possession Interest for money lent reduced to a lower rate then formerly and Brokage forbidden No Tillage or errable land to be laid down but as much to be broken up Merchants Strangers permitted to Trade and sell their Merchandize in England and buy and sell things veâ—dible and a great improvement of Trade and Merchandize six or seven times exceeding that which was in or before the raign of Queen Elizabeth Fishgarthes in the Rivers of Ouse and Humber ordered to be pulled down The passage upon the River of Severne freed from Tolles imposed by the proprietors of the Lands upon the Banks The bringing of Silver Bullion into England by our English Merchants encouraged the transportation from thence of Gold and Silver without the Kings licence prohibited and the care of the Kings Exchangers untill the disuse of it now of late preventing all abuses in the coyn or money of the Kingdom Merchants Aliens and Merchants of Ireland ordained to imploy their mony received in England upon the Commodities thereof and every Merchant Alien to finde Sureties that they shall not carry Gold or Silver out of this Realm The keeping of great numbers of Sheep by rich men whereby meaner men were impoverished restrained to a certain number Ordinances made for Bakers Brewers and other Victuallers The prices of victuals to be rated and assessed by the Magistrates Rents of houses in Staple-Towns to be reasonable and assessâ—d by the Maior Great quantities of waste grounds and Commons inclosed and improved A long and happy Peace at home for more then two hundred years Many an Act of Parliament made to prevent or remedy grievances enlarge the peoples liberties and make them the most free and happy Nation in the world si sua bona Norint if they could but be content with their happiness and know how to use it All the Revenues and Estates of the people aswell reall as personal exceedingly and by many degrees improved more then formerly And all manner of Victuals and provisions sold at such excessive rates and prices as would busie our Forefathers with no common or ordinary wonder if they could be alive again
have made in overplus and spare money and that Paul Bayning an Alderman of London could about the same time besides an Estate in Land of inheritance of almost six thousand pound per annum make a totall of his personal Estate of about one hundred and fourty thousand pounds which was as much or more then many thousand men in the County of Essex could above their necessary expences make in â—n overplus or sum of money And that if money were in England as plentiful as it was in Jerusalem in the happy Raign of the wise King Solomon when it was said to be in as much abundance as the stones in the streets yet if Corn Cattel and food should be scarce the greatest plenty of money we can imagine would not deliver us from that dearth which was in that Kingdom not many years after when Samaria was besieged making the excessive rates of an Asses head and a Kab of Pigeons Dung and whether money be scarce or plentiful if there should be a famine as it was in Israel when there had been no rain in three years when the heavens were as brass and the fruits of the earth failed no man can with any reason believe that the great rates or prices of Corn Victuals and houshold provisions were because there was plenty of Gold Silver for if there be a scarcity of the thing to be bought it must be the want of that and not the abundance of money that makes the dearness which if it be never so much cannot increase that little that is of the Commodity or thing to be bought nor the want of money make it to be any cheaper the want or plenty of it contributing in such a case nothing at all to the making that to be dear which when there is more of it will be sold at a cheaper rate for a little money whether they that are to buy it have little or more of money the want of money constraining him that sells to sell cheaper and the great store of money sometimes but not often or generally perswading the buyer to give more then one that hath not so much will be dâ—awn to give for it For as it is true that in Virginia where their principal Barter or Exchange is by Tobacco instead of money and is there many times used as their Coyn or money that where any man there is in want of Tobacco and must needs have it he will be willing to give more Beavers Skins or any other commodities which he hath for it then he would otherwise do if Tobacco were more plentiful or easier to be had And as certain likewise that when there is great store of Tobacco and it is in the language of Merchants and Tradesmen but as a Drug and of little price or value there will not be so much of other things or commodities given for it So it will be as true and certain that there is in no Kingdom or Country of Christendom especially in our Brittain and other world where howsoever some Cosmographers and Chartes or Mapps would by a great mistake make Gold to be a Native the Sun is not so amorous as to beget us Mines of Gold nor is there any probability that there ever were any neither is there any Tagus or River bringing any golden Sands along with it And that which we have of Silver is but rarely and seldom intermixed and lurking in our Mines of Lead there can be no ground for our belief or reason that there should be such a disesteem or under valuing of Gold and Silver in regard of any plenty of it as was amongst the Americans or West Indians when they would give great quantities of it for Knives Beads or other Toys which the novelty of them or their desires to have them made to be pretious or that there should ever be such a surfet of Gold and Silver which most of the sons of men do desire to get or keep as to make all things dear which are to be bought with it or to hinder that cheapness of things to be bought with it which will be of necessity where there happens to be an abundance which is the true and never failing cause of cheapness abstracted and altogether a stranger to any supposed plenty of money neither the want of money or plenty of it being generally any sole proper or efficient cause of cheapness or dearness which residing in the commodity to be bought or fold tanquam in subjecta materia as in its matter or subject regulates and makes the price when there are no fraudes or Artifices to disturbe it according as there is a scarcity or plenty of that which is to be bought or sold which is the cause that the scarcity of money hath not in all ages made or enforced a cheapness of commodities or houshold provisions to be bought with it nor a plenty of money made a dearness or enhaunce of prices nor any thing like or within many degrees of that which is nâ—w or â—ath been within forty years last past and they therefore will err toto Caelo who by misplacing thâ— cause would make the plenty or scarcity of the mensura or money to be either the cause of the scarcity or plenty dearness or cheapness of the Mensurata or things to be bought with it as by a retrospect into the course of former times and ages may be plainly manifested Where we may find the Britaines when the Barbarians drave them back to the Sea and the Sea put them back to the Barbarians grievously tormented with a famine and mortality which raged in the Land and with great desolations wrought by that dearth and after they had by repressing their enemies gained some peace and that produced such a plenty and abundance of all things as the like before no age had seen to have faln into great Riots and Excesses plenty of money there being then none or little in the Land not being any cause of the dearth or scarcity nor scarcity of the mony of the plenty of provisions The Saxons being oppressed with the invasion of the Danes and enforced to pay them a Composition of sixteen thousand pounds shortly after twenty thousand pounds afterwards twenty four then thirty and lastly fourty thousand pounds untill all the Land was emptyed of all her Coyne did not find their Victuals to be cheap in regard of their want of money but Victuals and all things to be bought with it to be dear by reason of the spoil of wars and Murrain of Cattel And they having in Anno Domini 1066 met with Talions Law and the Divine vindicta or punishment for their perfidiousness to the Britaine 's hastened by their excess of pride the women wearing as Ordericus vitalis a contemporary of William the Conqueror tells us far longer Trains or Garments then was necessary and the men striving to overtake the pride and vanity of Absolom in his hair or Bush of Excrement and so
subdued and conquered as they were enforced to be shaved and wear their hair shorter their Lands being given away to his Normans the greatest part of the Nobility and Gentry extirped many of the common people glad to be vassals and Tenants to those Lands which before were their own and had nothing to recompence their losses but the retaining of their good old Laws and their Masters and Conquerors having gathered all the money and riches of the Kingdom into their Chests and possessions there was after the harrassed English had gained some peace and that the long languishing Olive branches began again to recover their Sap and Verdure so small an improvement of the rent of Land amongst the Normans plenty of money as in the valuation of Lands in the sixteenth year of the raign of William the Conqueror there was such a wonderful small value put upon Lands fifty or sixty and more to one less then it is now the commodities and Cattel raised thereupoâ— being in all probability proportionable thereunto as in Drayton no unfruitful place in Cambridgeshire the Abbot of Croyland had fourteen or fifteen yard Lands twelve Villaines three Bordmen three Soccage Tenants and two Meadows which in the time of Edward the Confessor were of the value of five pounds per annum and at that time but four pounds and ten shillings In the Raign of King Henry the first which began his Raign in the year of our Lord one thousand one hundred when the Normans had something more improved their Lands and possessions their plenty of money made out of the English miseries did not banish their cheapness of victuals and provisions but left them at those small rates of one shilling for the Carcase of an Ox and four pence for a sheep and no more for the Provender of twenty horses the Denarius or English penny then being probably as the Roman which was but the fourth part of an ounce of Silver which in coyn or money made no more then twenty pence In the latter end of the Raign of King Richard the first who began his Raign in Anno Domini one thousand one hundred eighty nine and after his redemption from his imprisonment by the Emperor of Germany in his return from the Holy Land when money was so scarce in England as to make up the sum of one hundred thousand Marks for his ransome the Church Plate and Chalices were pawned an Oxe or Cow was but of the price of four shillings a Hogg ten pence a sheep of the finer Wooll ten pence and six pence of the courser In the Raign of King Edward the first whose raign commenced in the year of our Lord God one thousand two hundred fifty two when there was as much plenty of mony as peace and an increase of Trade under his â—appy and prudent Government Scotland conquered and subdued and such a plenty of money as some Esterlings or men of Germany from whom our Sterling money is well conjectured by Sir Henry Spelman to receive its denomination were here imployed to coyn our money the Market price of an Oxe was eight shillings and six pence twenty six seames or sums or horse-loads or quarters of Barley was at fourty three shillings a quarter of Oats for fourteen pence and the yearly value of an Acre of Meadow was in Buckinghamshire apud altum firmam at the Rack but eight pence per Acre and so small a power had the plenty of mony then upon the price of victuals as upon the payment of mony agreed to be paid upon a Bond or Deed which was not likely to be for any long time as the Case at Law tempore E. 1. Cited in 9. E. 4. informs us the price of a quarter of Barley which was at the time of the making of the Bond or Deed but three shillings a quarter was before the time of payment for it come to be thirty and two shillings a quarter which might happen from some other causes and not at all by reason of any extraordinary store of money which the Kingdom was then blessed withal In the eighth year of the Raign of King Edward the second which was in the year of our Lord God one thousand three hundred and fifteen a Parliament was assembled at London where all or most of the Prelates and great Lords of England were with the Commons assembled â—aith Thomas Walsingham ad tractandum de statu regni alleviatione rerum venalium a matter now moâ—e then ever necessary to consult of the State of the Kingdom and the taking down the price of victuals which saith Walsingham was then so high ut vix posset vivere plebs communis as the common people could scarce live and would have been in a worse condition if the Landlords had then let their Lands at the Rack or beyond the value as many of them do now and many of the houshold provisions had been sold as they are now more then twenty times and others ten or fifteen times more then they were then where it was ordained that an Ox not fed with grain should be sold for sixteen shillings and if with grain and fat for four and twenty shillings and no more a fat Cow of the best sort for twelve shillings a fat Hogg of two years old three shillings and four pence a Mutton fat and shorn for fourteen pence and for one that was unshorn one shilling eight pence a Goose for two pence half penny a Hen for a penny and four Pigeons for a penny And though immediately after in the same year there followed such a very great famine as Flesh and Corn were scarcely to be had Hens and Geese seldom found Pigs and Swine wanted Food and Sheep dyed of the Rot or Murrain yet a quarter of Malt was sold for a Mark and a quarter of Corn for twenty shillings and upon the great dearth which happened in the next year after making such a famine as Horse-flesh was good Diet for the poor and causing a repeal of the Act of Parliament which was made the year before touching the price of Victuals three quarts of strong Beer was then sold for three pence and of small for two pence which in that sad and horrid famine the Magistrates of London understood to be so unreasonable as they prohibited it to be sold at so high a rate in the City and ordained that no more then three half pence should be taken for three quarts of strong Beer and a penny for small and the King by his Proclamation likewise commanded that in all parts of the Kingdom three quarts of Beer should not be sold for more then a penny In the 21. year of the Raign of King Edward the third notwithstanding any enhaunce of prices made or occasioned by the great famine which was in the eight and ninth years of the Raign of King Edward the second his Father and the continuance of it for four or five years
the Messias be come and not finding him as they supposed to be come the King returns riding upon that Elephant which he prepared for the Messias to ride upon And untill those daily growing and dangerous Evils and sins of pride and luxuâ—y which have undone the greatest of Empires and Kingdoms ruined the Brittaines by the Saxons and the Saxons by the Danes and Normans shall be curbed and redressed there needs no petition to be made for an assent or subscription to this known and sadly experimented truth That there is a great want of money and it is not any plenty of money which makes such an enhaunce of the rates and prices of houshold provisions and of all other things to be bought or sold but our pride begetting an ungodly selfishness and pride and self interest begetting all manner of cheating to maintain them which have brought those evils of evils upon us and made those miseries wants are so every where complained of and have destroyed all honesty friendship obedience and taught the people by such wicked necessities and imitating one anothers good success by their evil actions to run over all Laws and penalties that can be threatned or laid in the way and that the King having no Elixir or means to transmute all the mettals in this Kingdom to an infinitum of Gold and Silver to furnish the vanity of the peoples expences there must in so universal a prodigality and profusion as is in the Nation beâ—yond the reach and compass of the peoples means and estates when a Bricklayer must wear silk Stockings and his wife a Whisk of four pounds pâ—ice and an Alewoman if she hath turned up the Dâ—vel Trump and be but a little beforehand will think her self not well apparelled if her Gowns be not of silk or bedaubed with Gold or Silver Lace every ordinary mans house must be furnished with one peece of plate if not many more the weighty Silver money be melted down into Plate and all or a great part of the Bullion and Foraign coyns exported as soon as they are imported needs be a want of money and that when Kit or Christopher Woodroofe a rich Citizens son in the later end of the Raign of Queen Elizabeth marrying the daughter of a great Lord of this Kingdom which wore a Silver Legg in stead of a better which had been cut off to prevent a greater mischief by a Gangreen had a mad and strange custome to throw his shillings upon the Thames to make them in the language of the Boys to dive and leap as Ducks and Draks it was no marvail that he was many times when he wanted money necessitated to steal his wives silver Legg in a morning before she was up and pawn it And that the Tyranny and Tricks of Trade oppression of the Markets and the arbitrary power which the people take to impose high and unreasonable rates and prices one upon another which exceeds most of the evils imaginable in a time of peace do make a great addition to the poverty of the Nation too many of whom do make their own burdens and complain of them when they have done and may be eased themselves if they would but ease others And that as the people of Florence do more cheerfully endure those many great Taxes and Burdens which the grand Duke imposeth upon them because by a Banda or rule for the rates and prices of victuals and houshold provisions so as those which are sent to buy cannot be cheated or injuried they enjoy such a cheapness as makes them a recompence the people of England would not take their Taxes and Assessements for the publike to be much or any great burden if by reducing the Market prices and rates to a reiglement intended by our Laws they might not so much cozen and oppress one another but be the better enabled to live cheapely and to pay them CHAP. VIII That it is the interest of the people of England to revive again the Ancient and legal usage of his Majesties just rights of Praeemption and Pourveyance or Compositions for them ANd now that the lines from all the parts of the Circumference of this discourse concerning the lawfulness and necessity of the Royal Praeemption and Pourveyance or Compositions for them are met in the center or conclusion of it every man that is not over Byassed by his own conceit or prejudice or carryed into an obstinacy or uningenious resolution not to alter his opinion or obey so great a truth because he once thought or said or declared otherwise will I hope be so far perswaded by the light and rules of right reason as to understand that Praeemption which is founded upon the Laws of Nature and Nations hath been as ancient a custome in the world as that of Civility and good manners and lived here in England the age of Methusalah is an ancient and undoubted right of the Kings and that the Royal Pourveyance or respects to be paid in that particular from subjects to their Kings and Princes for the supportation of their honor may well deserve an approbation when the Laws of God and the Laws of men and the Civil Common and Canon Laws have not denyed it And the Laws and customs of Nations have made it as common and necessary as the use of houses fire and water and Arms for offence and defence uncovering or bowing of the head in sign of reverence wearing of Shoos or Sandals for the defence or safe-guard of the Feet or any thing else which hath met with a customary and universal approbation and have so prevailed with most of the rational inhabitants of the world as the people of Japan who howsoever they be averse to many of the customes of other Nations as to delight to have their Teethâ—black when others do desire to have them white mount their horses on the right side when as we and many other Nations do on the left do not as we do uncover their heads in saluting each other but onely untie some part of their Shoos or Sandals nor do arise to any which do come to salute them but sit down are notwithstanding unwilling to come behind other Nations in the duty of Pourveyance and honor of their Prince which may induce us to subscribe to that common principle of Nature and Nations that there is and will be a necessity of the Royal Prae emption and Pourveyance or Compositions for them and that there is a noble use of them Nor to think it burdensome when as what the Country looseth by their Compositions or serving in the Kings provisions after his rates or by his Cart takings do not every yeer one with another amount unto so much as the Papal impositions which before the raign of King Edward the sixth were Annually laid upon their fortunes and estates or drawn beyond the Alpes by Romes artifices Or that it is the duty which every man owes to God and his King and Country and the good
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
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
Cooks stall unless they shall first lay down their little peice of Coyn for it shall like some Mounsieur Mal-regard be inforced to pay for a Cart or horses before hand as if there were no other way to deal with them And in stead of being as the children of the servants of Solomon when Nehemiah long after returned with the children of Israel from Captivity found in the Registers in order to a preferment there being then no selling of Places in fashion be afterwards no where to be found unless it be in the Role of the Beggars or that they who have spent their times and industry in the hopes and expectation of their Princes favour should when the Jews who as the learned Grotius hath recorded would not suffer any Qui ministerio fuerant Regio alterius se quam Regis successoris ministerio addicere who had once served the King to serve any but his successors which our Kings of England have frequently observed be constrained to betake themselves to the services of subjects or such as they can finde have a mind to entertain them And not onely his servants who are or should be well wishers to the return of Pourveyance or Compositions for them some of whom as the Treasurer and Comptroller are by the orders of the house to be sworn That all things in the Kings house be guided to the Kings most worship and that they search the good old rule worshipful and profitable of the Kings Court used before time and them to keep and better if they can But all the people of the Nation should remember that the honor and magnificence of David and that Royalty of Solomon which amazed the Eastern world in the distribution of their Officers and servants in their houses and order theâ—eof were justly numbered amongst the greatest Actions of their might and Majesty And that the wisdom of our King Henry the seventh was not a little conspicuous in the happy effects which it produced when after a retuâ—n from his troubles and afflictions in his great care and wisdom to prevent avoid the like and make such an establishment of the Crown for himself and his posterity which he had as happily as unexpectedly attained unto as might continue to as long a duration as the world was capable of he did so order his Court and houshold as it was a composure and assembly of men of the best birth education fortunes and estates qualities endowments and reputation in every County of the Kingdom were most popular best allied and beloved therein and had no small influences upon their Tenants Allies and dependencies some of whom he made to be the Gentlemen of his Privy Chamber Esquires of the body Pensioners Carvers Cupbearers Sewers Ushers and Waiters and made the Yeomen of his guard out of the best of the Yeomandry or such as were recommended by the Gentlemen of his Privy â—hamber or other of his servants of the higher ranks which together with other carefully pickt and well chosen servants not introduced by money or the avarice of such as were about him disguises partiâ—lities or false recommendations were as so many Intelligencers Eyes and Ears to the better ordering of his Government and affairs which were then in a nice and perplexed condition or as the Wheels in Ezekiels vision and the eyes in them to inform as well as Act served as a glass in the absence of Parliaments to represent unto him from time to time the symptomes and indications of the peoples contents or discontents and if any thing were to be rectified for the good of his subjects or done by him were by the great obligations which the people and such as were not his servants had and owed unto them which were his servants and were sure to have them reciprocally to be their Advocates and Intercessors to the King for favors to be granted or done unto them the most sure silent and never failing engines and contrivances to accomplish their soveraigns just and reasonable ends by which excellent and ever to be imitated order and very easie to be put in practice in the choice and election of such as were to serve and stand before him which is and ever hath been one of the greatest paâ—ts of prudence either in the manage of smaller affairs in every mans private Family or that of a Kâ—ngdom which is the Complexum or comprehension of all of them And such an happy as well as wise and successeful constitution which many of the Heathen Princes and those that live in the dark of understanding do not omit for their own security by making the children of their subjects to be their servants and bred up in their Courts as Hostages and Sureties for their parents good behaviours made and observed in his Court and within doors conjoyned with that without doors by agreement and good accord with the then potent Barons and great men of the Kingdom who by their hospitalities and letting of their lands at small Rents which were as Loadstones to attract the hearts and affections of the common people did not onely augment their own grandeur but like Solomons Lyons upholding his Throne imployed it in the support of the honor and magnificence of their King and Soveraign did to the univeâ—sal content both of Prince and people Domi forisque atchieve and bring to pass his many great and difficult affairs by imitation whereof and continuing that or the like course King Henry the eighth his son did deliver his people and Kingdom from the Impositions of Rome wherewith it had formerly been much troubled And Queen Elizabeth likewise waded through those many difficulties which had beleagured her Crown and Scepter and did those other great actions in defence of her self and her people which have laid her up in glory and made her remembrance to be as precious as the Spikenard or the sweet smelling Mirrhe and the most precious of Odors The consideration whereof and what will necessarily follow by any contrary course to be held and the lessening of Officers and servants by the want of Pourveyance or Compositions for them upon pretences of thrift and good husbandry or being supernumerary may inform us that it will not onely diminish and cloud the Majesty and splendor which is necessary to be in the Courts of Princes where the people should behold as well as rejoyce in the State and honor of their Kings which in England did outgo and surpass all that of our neighbour Princes but break the Links of that golden chain of order in the English Court when it will be apparent that such as otherwise may seem to be supernumeraries are not to be judged or looked upon as they would be in private families where their concernments are most commonly with a respect unto profit more then Worship or Honor that Princes are to have and keep a greater State then any of their subjects and that such a State which is some times made up
where good hospitality hath been used to be kept in houses and places of Religion in this Realm and many poor people relieved thereby the said hospitality and relief is now decayed and not used And it is commonly reported that the occasion thereof is because the said Lord Cardinal hath taken such Impositions upon the Rulers of the said houses as well for his favor in the making of Abbots and Priors as for his visitation by his authority Legatine And yet nevertheless taketh of such Religious houses such yearly and continual charges as they be not able to keep hospitality as they were used to do which is a great cause that there be so many Vagabonds Beggers and Theeves And where the same Lord â—ardinal hath said before the suppression of the Religious houses which he suppressed that the possessions of them should be set to Farm amongst your Lay Subjects after such reasonable yearly Rent as they should well thereupon live and keep good hospitality now the demeasne possession of the said houses since the suppression of them have been surveyed met and measured by the Acre and set above the value of the old Rent c. That Judge Walmesly one of the Judges of the Court of Common Pleas at Westminster did not appear to be an ill Commonwealths man when upon his death bed as some few other old fashioned English Gentry have lately done charge his heir to continue his custome of good house-keeping and using his Tenants well That when King James in the thirteenth year of his Raign being perswaded that it did greatly conduce to the welfare of his people did by his Proclamation or Edict command all the Gentry of the Kingdom to repair at the Feasts of Christmas then next ensuing unto their several Countries and habitations for the onely ends of hospitality and housekeeping and that such as were Justices of the Peace and did not should be put out of the Commission of the Peace he did not think his own heirs and successors should ever be streightned in the means that should maintain their own Hospitalities And that we have had of late the happy effects experiments fruits of good house-keeping usage of Tenants by what was done by the late Loyal Noble Marquess of Worcester when as he could by that and the love of his Tenants and dependencies in the beginning of the late unparalelled Rebellion assist his distressed King with great supplies of men and money and help him that was then almost helpless to form an Army to defend our Religion Laws and Liberties as well as his own Rights by the late Marquess of Hertfords bringing to his rescue great numbers of his Tenants and have nothing to hinder our belief that Sir George Booth could never so gallantly as he did have ingaged almost two thousand of his friends and Tenants to open the passage to his now Majesties happy restoration of himself to his Rights and us to our Religion Laws and Liberties if it had not been for his and his Fathers small Rents and great hospitalâ—ties And that we shall but destroy our own interest and appear to be ill affected to our own as well as the weal publike if we shal contribute any thing to the burdening of his now Majesty with an enhaunce of Rates prices most unconscionably put upon houshold provisions and so beleaguer him with necessities for want of his Pouâ—veyance or Compositions for them as he shall not be able himself to do that which for reason of State and the care of the welfare of his people he would command others to do For it will be obvious to every mans understanding that our so famous Universities of Oxford and Cambridge and the glorious structures of their Colledges Halls and habitations of the Muses with their prudent foundations and statutes and great endowments of Lands and Revenues thereunto belonging causing those Universities as much to excell all other the Universities of the world as the Sun that grand Flambeau and most Illustrious Torch and light of the Firmament doth the lesser and communicated Lights would by the rise of prices for victuals and houshold provisions neither then suspected or expected to have ever been able to come to such immoderate rates as they have since arrived unto have notwithstanding all the care and forecast of their Founders and the great yeerly Revenues thereunto belonging sunk into the Rubbidge of those goodly buildings and lost the intentions of their most noble and pious Founders if it had not been for the care and prevention of the Statute of 18. Eliz. justly accompted by Mr. Camden to be a principal means of the support of those Universities which provided that the third part of the Colledges yearly Rents and Revenues should be for ever paid and reserved in Corn Malt and other provisions for house-keeping That it cannot be for the good or honor of the Nation to hinder the King from being a Trajan or herba parietaria a sweet smelling Wall Flower or deliciae hominum by taking away or obstructing the Magnetick virtue of his Hospitality or attraction of the love of his people And that to overburden our head or heap necessities upon the King would bring us within the blame and censure of the judicious Bodin a man not meanly learned in Politicks who decrying all unbecoming Parsimonies in a King or his Family delivers his opinion that sine Majestatis ipsius contemptu fieri non potest ea res enim Peregrinos ad principem aspernandum subditos ad deficiendum excitare consuevit That to lessen the number of a Kings servants or attendants cannot be done without a contempt or diminution of Majesty it self and that it may cause strangers to despise him and his own subjects to Rebell against him and gives us the example and ill consequences which may thereby happen by the misguided frugality of Lewis the 11. King of France who when he had put out of his houshold those that were of the Nobility and Gentry made a Physician his Chancellor and his Barber his Herald and Embassador and how little good the people of France and their posterity have gained by his dishonorable and unkingly Parsimoney when he did usually wear a course cloth suit and greasie old hat and at the same time was but busie to load them with Taxes and lay the foundation for as many more in perpetuity and may now remember with grief how little was saved by sending his Barber as an Embassador to propound a marriage with Mary Dutchess of Burgundy then the greatest heir of Christendom and that the Burgundian scorn of such a simple Messenger lost him and all France the advantage of having her and those seventeen great and rich Provinces which have since been the cause of so much War and trouble to the Christian world to be united and incorporate to the Crown of France and that thirty years late wars and expence of blood and many millions
though the people after their Civil Wars ended petitioned to have it abolished towards the supply of his Aerarium militare Treasury for the Army and Exacted a fourth part of the value of every thing sued for at Law a great penalty upon every one which compounded without licence a certain number of Sesterties upon every marriage contracted an eighth part of all wares and commodities sold imposed by Caligula and a part of every poor Laborers Wages and of every Beggars Alms an Impost upon Urine by Vespasian and the Stews by Severus the Emperor and a part of Artificers and Waggoners gains some impositions set upon the heads of Beasts and Tiles of houses and a Vectigal umbrae aeris a Tax for the shade of the Plantane Tree by some of the ancient Emperors and when they had the Revenue of a great part of the world at their command and had the spoils and treasures thereof and might the better have spared their own people for that two Legions or twelve thousand men were enough to Conquer and awe a Kingdom and a Foot souldiers pay was in those days of so great a cheapness as a fat Kid was sold in Portugal for an obolus then passing for about a penny farthing which was the price of four mens Dinners in Lâ—â—bardy and a Medimni or three Bushels of Barley was commonly sold for four Oboli being in the beginning of the third Punick war but two Oboli would not forbear to leavy the fiftith part of the peoples Corn a fourtieth of their Barley and a twentieth of their Wine and Bacon Praestatio Tyronum when they took money to free soldiers and young men from warfare which was causa exitii a cause of the ruine of Rome and that of Valens the Emperor taking money of the people of every Province which per vices or by turns were bound to furnish a soldâ—er quod cladem attulit Romano Imperio cum nemo militaret which dâ—stroyed the Roman Empire when as men had rather pay money then serve their Country as souldiers Praestatio Lustralis which was paid to the Emperor every five yeers for every thing bought or sold which was not in proprio rure of the proceed or growth of their own lands Vectigal Allelengyum a Tax when the poor were listed or Mustered for war and the rich ordered to pay a certain rate to buy Arms and Provision for them vectigal Chartiaticum an Assessement upon Gards Vectigalia de fluminibus a Tax upon Rivers and Lakes Aurum glebale or Coronarium an yeerly oblation so called to the Treasury Solarium an yeerly rent upon houses built upon the waste a Tax upon all Miners or Mettal men paid upon their first admission a certain rate or imposition set upon Brass Iron Brimstom Chalk Alum Pitch Wheâ—stones oâ— Quarries of Stone and Vectigal pro mortuis a Tax upon the dead or upon their Burials of which Boundicia or Boadicia our warlike British Princess complains that amongst the Romans mori non licet fine tributo mulcta they could not dye without a Tax paid for it Nor not to mention the meruâ—â—mperium almost unlimited despotical or arbitrary power of the great Turk Emperors of Russia Industan and Persia and other Eastearn Asian or African Princes over the estates and fortunes of their subjects doth not do as the Bishop of Rome doth who besides his large Demeasnes great Dukedomes and Territories now called the Church Land taking up a fifth or sixth part of Iâ—aly and the Tributes and Donatives flowing from all the Clergy and people of the Kingdoms Provinces which are yet content to acknowledge his supreme as he calls it Vicariat and his great Amasses of Treasure gotten by Bulls Indulgences Jubilees Pardons and Dispensations making in the Total a greater and far less troublesome Revenue then the West Indies ever amounted unto can by an artificial selling of all Favors and benefits which he either gives or grants sub Annulo Piscatoris or otherwise and Multiplication of Officers cut and Cantelled into too many where a lesser number would serve as Masters of the streets to look to the buildings thereof Chaplaines to sing Mass to the Palfrey men Office of the Abbreviators in the Chancery General of the Church Cardinal Chamberlain Clerks of the Chamber Apostolical prefect of the signature of Justice or of causes delegated for it prefect of the signature of Grace Congregation office or Court for Rivers Waters and Bridges Congregation for the Fountains of the streets Congregation to hear the grievances of the people which are made faster then they can complain of them the Office of the Datary under Doctor and Revisers Paticipant Pronotaries twenty four under Secretaries twenty Registers of Supplications the Summist or chief Broker in the sale of all Officers which in the Court or Palace are very many and are subdivided into many of a sort and hath one of each for a retribution or allowance to himself yeilding his Holiness a great yearly Revenue Writers of the Paenitentiaries Apostolical Writers Apostolical Chamberlaines Judge of the Confidences who is to take care that there be no Simony when as there is nothing almost more frequent Auditor of the Contradictions Corrector of the Contradictions Participant Master of the Ceremonies the Keepers of the Chaines and the Popes four secret Sweepers who by their Exactions and Improvements of their places and shifts do like so many devouring Minotaures of the people lurk in their several Labirinths of Fees and extortions and keep the people lean whilst they themselves are overgrown with Fat and where there are so many Officers men imployed to catch Fees and mony as the people those that do bear the burden are like those that are stung with the Fly of that Country called Tarantula may in a pleasant madness content themselves as well as they can by the custome of enduring that which renders them not so sensible as they would otherwise be of it And the Citizens of Rome and mechanicks making it the more easie by the gaines profit which they make by the confluence of the people and strangers thither and those which do pay so much mony to the Popes supernumerary Officers selling at greater rates to others what they themselves paid very dear for and being men of other Kingdoms and Nations do make the crys and complaints which happen thereupon to come short of his Holiness ears or audience of the Court of Rome where the other Impositions and Taxes likewise laid upon the people were so intollerable as a Pasquil no longer ago then the Popedome of Sixtus Quintus made himself and others as merry as they could in making haste to dry his Shirt in the Sun least his Holiness should lay some Tax upon the heat thereof Nor as the King of Spain doth in his Kingdom of Naples where besides extraordinary aids he receiveth a Donative every two years from the people of a
by King Francis the first for that they could hinder their passage thorough their Towns or coming into them and after upon the Country to be paid without exemption of persons or allowance of priviledge with an addition of charge added thereunto by an Ordinance of that King for the maintenance of the seven Legions of Foot consisting of six thousand men a peece for the safeguard of the Kingdom the tenths of all the Benefices and Dignities Ecclesiasticks and Commonalties erected into Benefices which have a Revenue in perpetual succession les deniers Communs or monies imposed upon Cities and Towns for the repair fortification or defence of them or of any Castles or Forts to which all are to contribute without exemption the rights and payments due out of very many Bishopricks and Archbishopricks for Quints and Requints Rachapts Censives Lots Ventes Saisines Amandes Justices Greffes Auboines confiscations the Estappes or Annonae militares free quarterings or Provisions for the Armies or souldiers in their March or encampings contributions in times of peace pour le Ban arriere Ban upon Fiefs and Tenures levâ—es de Chevaux Charriotts a leavy upon Carts and Carriages le Traicte Imposition forraigne being a twentieth penny extending to all commodities that are carryed by Land out of the Kingdom into other Kingdoms and Territories as out of France into Catalonia Spain Lorraine Savoy Flanders and Italy makes as much as an Excise upon Corn Wine Oyle Flesh Fish Poultery Herbs Fruits and all sorts of Victuals and Provisions for the Belly and the Back All which before mentioned Taxes and Impositions being become as the Sieur Girard du Haillan saith who wrote in the later end of the Raign of their King Henry the fourth Patrimonial and Hereditary or as Droits du Domaine without any distinction betwixt the times of war or peace and leavied as the ordinary Revenues of the Crown of France have been by the Artifice of Lewis the 11. and other his successors more then doubled or trebled by other Tailles Taxes and Impositions which are laid upon extraordinary occasions by the Kings Ordonnances or Letters Parents quand bon lui sâ—mble at his own will and pleasure and so much as the Sieur de Haillan complains that ilz ne se sont contentez des dites Tailles mais peu a peu ont mis sur le dos du paâ—ure peuple les autres impositions depuis on a mis Taille sur Taille imposition sur imposition dont la France se est esmeüe contre ses Roys ils en ont cuide perdre la France they were not content with those ordinary Taxes but by little and little have put upon the backs of the poor people Tax upon Tax and Imposition upon imposition which caused a sedition and rebellion amongst the people which had almost lost or destroyed all France and in stead of diminishing are more and more increased though their good King St. Lewis who raigned in Anno Domini one thousand two hundred and thirty did upon his death bed in the words of a dying man as Bodin saith inserted into his last Will Testament exhort his son Philip to be legum Morum sui Imperii Custos vindex acerrimus ac ut vectigalibus tributis abstineret nisi summa necessitas ac utilâ—â—atis publicae justissima causa impellat to be a Guardian and severe observer of the Laws and customs of his Kingdom and abstain from Taxes and Impositions unless there should be a great necessity or it should appear to be for the good of the people and that afterwards Philip de Valois did in an Assembly of the three Estates in Anno one thousand three hundred thirty eight Enact and decree ne ullum Tributi aut vectigalis genus nisi consentientibus ordinibus imperaretur that no kinde of Tallage or Tax should be leavyed without the consent of the three Eastes So very many have been day after day added as there is not to be wanted a Tax or Imposition for Piâ—s for the Queen and for Clouts against her time of Child-bed with Daces or Tributes Peages Impositions upon the going out and in of Towns and other places Taxes for passage upon the high ways Emprunts generaux particuliers borrowing of money in general or particular ad nunquam Solvenda never to be paid again vente confirmation des offices sale of Offices and places of Justice and Judicature which their ancient and fundamental Laws and customes do forbid and being cut into small parts and multiplyed do make up a very great Total or number and by a common and publike Merchandise of them have increased those great corruptions delays and intrigues of Justice by appeals and otherwise which our learned Fortescue Chancellor to our King Henry the sixth observed in the time of his Exile was no small grievance of the people and made that litium fertilitas abundance of suits and controversies which their own Learned Bodin doth ingeniously acknowledge to be so very many as vix in omnibus Europae Regionibus imperiis tot lites sint quam in hoc unto Imperio there are not so many suits in Law almost in all the Counties and Kingdoms of Europe put all together as they were in his time in that one Kingdome of France which besides the Ottroys or aydes granted by the three Estates and universal consent of the people upon publike and great emergencies and occasions are with many Arbitrary Taxes and Assessements as the King or the necessities of War or State shall require much the more burdensome to the Pesants Bourgeois and Artizans or a third or lower estate of the people for that all the Clergy so long as they live Clericalement without taking of Farms or dealing in Lay matters which with their Tenants and dependencies have been in the Raign of King Henry the fourth reckoned to be an hideous number are to be exempt from the Tailles or Arbitrary Taxes as likewise all the Nobility and Gentry which are many and very numerous both in the greater and lesser sort of them and that most men of any Estate both of the long Robe or Lawyers or soldiers or other lower ranks do by purchase procure themselves to be of the nobless or Gentry for that they are thereby to be freed from arbitrary Tallages insomuch as some thousands have been at once enfranchised made Gentlemen and inrolled into that condition or quality for such lands as they hold in their hands there being amongst those which are exempted also reckoned the Domesticks of the King and Queens the house and Crown of France and their sons daughters brothers and sisters if they do not Traffick or negotiate further then with the increase of their own Lands and Revenues With such also as are exempt by paâ—ticular Mandates and Ordinances of the King as amongst the souldiers and Life Guards the Captains Lieutenants Cornets Guidons Quartermasters men at Arms Archers Fourriers
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
the King and his then more then ordinary numerous retinue could expend he was which many that were then present can testifie enforced by a Proclamation to forbid the bringing in of great quantities or more then was necessary And if the rates which Queen Elizabeth accepted her provisions to be served in by the Counties had been agreed to have been paid in money and not in kind and had by the fall of the Markets which the Lawes well executed would in a Kingdome of peace and plenty have easily brought to pass been too high a rate and more then the provisions served in kind would have amounted unto those who made that agreement for themselves and the Counties and places which they represented could not have receded from it no more then she or her Successors if the provisions served in kind should have grown cheaper or might have been had for less money or been bought by her Officers at easier rates then the Compositions could without the help of a Proviso with honour or Justice have desired that her provisions might not have been served in kind by the several Counties of England and Wales but that the money or rate then agreed upon to have been the price of those provisions should have been yearly paid into the Exchequer to be disposed of for that purpose which probably might have been the reason that at the first agreement made by several Counties for the Compositions some for 3 years some for four and some for seven there was a proviso that either party disliking which until our mad times or quarrelling with the fifth Commandement and finding fault with every thing that fed not the rebellious humour was not at all done by the Counties should be at liberty and free from that agreement For there can be no reason unless ingratitude and unreasonableness neglect of Laws and Duties breach of Faith and Contracts and reasonable Customes unto the King and Soveraign shall be installed virtues and put in the seat of reason and understood to be no otherwise that when all the Lands of the twelve adjacent and neighbour Counties of London have been so exceedingly and to such a height improved and the Lands of all the other Counties of England and the Dominion of Wales have by neighbourhood and communication largely likewise and more then formerly improved and raised their rents and estates by the rise and greater prices given for Corn Cattel Victuals and all other Houshold Provisions more then they were heretofore the Landlords made to be so very great gainers and the Tenants if they be no great gainers sure enough to be made savers by heightening the prices of Corn Cattel and all other victuals and houshold provisions the King only should bear the burden and not partake of some of the fruits if there were nothing else to require or deserve it of their great advance and increase in all their Estates and Revenues And that he by whose power alliance and interest with forreign Princes the People of England doe enjoy the trade as well inward from forâ—aign parts as outward into them the many priviledges and immunities procured for our Merchants by his famous Progenitors and Predecessors as that of Burgundy and the Neatherlands France Spain Portugal Ligorne the Russian or Muscovy Trade the Hanse or Hamborough Turkish and East-Indie Trades for all which but Burgundy and the East-land Trades our Merchants are beholding to Queen Elizabeth and King James the Rex Pacificus with the Trades now begining to florish in and with our English Colonies in Virginia Bermudas Barbados St. Christophers Meviâ— New-England and Sianam c. which doe serve to augment our plenties and delicacies in England and his protection of them and all their Trades with forreign Princes by his Leagues Confederacies and Ambassadors and allowing them the freedom of the Seas and Ports and that beneficiall Trade for the London Woodmongers or Colliers to Newcastle upon Tine for coals where their Chaldrons by which they buy are more then double to what they sell and measure by at London and the owners of the Colleries to gain their custome doe not only sell at cheap and easie rates but give and allow them for nothing seven and sometimes eight or nine Chaldron of their great and double chaldrons or measures in every twenty or score of chaldrons and notwithstanding their easie and small rates can by engrossing and keeping them upon the River of Thames unsold and a combination and confederacy among themselves sell their coals at 24 or 30 s. a single or London chaldron and think that also not to be gain or profit enough unless they can upon any Frost or increase of winter weather or the news sometimes but feigned or pretended that a Ship or two of coals were cast away by storms raise their coals 2 3 5 10 or 20 shillings more in a chaldron when they please to the damage of the Rich and great oppression of the Poor who buy their coals by the peck and must pay a greater rate for them then their labours small earnings every day from 4. in the morning until 12. at night will amount unto and did in the times of Rebellion and pretence of Gods glory to be advanced by it continue their mystery of trade and oppression to such a height impudence as when it was proved at a Sessions at the Old-Baily in London that they might sell cheaper and the Lord Maior and Justices had put a rate upon coals and ordered that they should sell accordingly neither the fear of Laws or Magistrates was able to perswade them to an obedience or diswade or deterre them from their Liberty of sinning should be denied such a legal antient and reasonable duty And may believe that the granting and permitting of Marts Fairs and Markets at home and the improvement of his Subjects Estates Revenues a five times moâ—e in some places and ten in others within the space of 200 years last past and 20 times more then what they were before that period by their peace and liberties may very well deserve so small an acknowledgement and return and so petit a priviledge as the having of a Praemption and his Provisions served in for his household at reasonable prices which is no more then what the Law it self enjoyneth to be done unto all the People and Subjects of England from the highest to the lowest and to the poorest as well as unto the aboundantly or indifferently rich And that when in our Magna Charta or great Charter of our Liberties the Praeemption Pourveyance was not denied upon present payment for all under 40 shillings and for the rest within forty dayes after and the Cart-taking upon the payment of ten pence a day for a Cart with two horses and fourteen pence a day for three secundum antiqua pretia after the old rates for which now are allowed better rates and being afterwards confirmed by King Henry the third in a solemn procession