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A54682 The antiquity, legality, reason, duty and necessity of præ-emption and prourveyance, for the King, or, Compositions for his pourveyance as they were used and taken for the provisions of the Kings household, the small charge and burthen thereof to the people, and the many for the author, great mischiefs and inconveniences which will inevitably follow the taking of them away / by Fabian Philipps. Philipps, Fabian, 1601-1690. 1663 (1663) Wing P2004; ESTC R10010 306,442 558

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benefits received which highly pleasing the Almighty and being lovely in the eyes of all men which are not only enjoyed but held fast and enforced by all the Nobility Gentry and richer sort of men in England when it happens to be denied as the services and customes of all their Tenants to grind their corn at their Lords Mill or baking their bread at his common Oven in some Borough or Market Town The Reliefs in Tenures by Knight Service or Chivalry fixed and appropriate unto those Fewds and Tenures and paid at the death of every Tenant dying seised being at the first never condescended unto by the Tenants by any paction or stipulation betwixt them and their Lords But although there was antiently and originally betwixt the Lord and the Tenant mutua fides tuendae salutis dignitatis utriusque saith Bodin a mutual obligation betwixt the Tenant and the Lord to defend one anothers Estate and Dignity or as Craig saith pactionibus interpositis de mutua Tutela upon certain agreements to defend one another were lately notwithstanding received and taken by the Nobility and Gentry as a gratitude and in that and no other respect were by the Tenants willingly paid unto them The Reliefs paid by the Heirs of Freeholders in Socage after the death of their Ancestors which being not paid by Tenants for years by a rack Rent do appear to have no other commencement but in signum subjectionis gratitudinis a thankfull acknowledgement for benefits received Or those duties payments which many Lords and Gentry doe enjoy in Cumberland Westmerland and many of the other Northern Counties which were not at the first by any original contract or agreement as to their Tenants particular services for so it could not be a custome but the Tenants at the first upon the only reason of gratitude untill it had by length of time and usage uninterrupted gained the force of a custome and that the succeeding Heirs and Tenants were admitted according to those customes did as willingly observe and acknowledge them The Fines incertain at the will of severall Lords which the Nobility and Gentry of other parts of England do receive and take of their Copihold Tenants under the penalty of a forfeiture if not paid in a reasonable time after they were assessed and the priviledges which they retain of seising their Tenants Copihold Lands as forfeit whether the Fines were certain or incertain if they sued Replevins against them distraining for their Rents or Services and had no other parents or originall untill custome had settled it then the Tenants gratefull acknowledgements of the Lords or his Ancestors former kindess and benefits bestowed upon them or their Progenitors And the Socage Lands and Freeholders might be Tallied or have a Tax laid upon them by their Lords at their will and pleasure as their necessities or occasions required as well before as after the Statute de Tallagio non concedendo made betwixt the years 25 34 Ed. 1. and if it had been an Act of Parliament and not a Charter could bind only the King as to his extraordinary but not to his legall Tallages untill custome by the kindness or favour of time and the curtesie and good will of their Lords did permit them by a desuetude of imposing and a well rellished custome of the Tenants not paying to enjoy their easie and cheap bargains and freedome of their Lands for which they should doe well to remember better then they doe their Benefactors and be more mannerly and gratefull then of late they have been and were before those indulgencies held to be so accustomed and usual as it was not seldome found by Inquisitions and Juries upon oath that such or such land was holden Et Talliari potest c. And might have Taxes or a greater Rent laid upon them by the Lord of the Manor in so much as the Kings demeasne Lands were not free from Tallage which will be evident enough by a presentment of a Jury of Nottinghamshire before the Justices in Eyre in anno 8 E. 1. or King Edward the first when the Kings Letters Patents of a Grant of the Town of Retford to the Burgesses thereof and their Heirs in Fee Farm was found and mentioned in these words viz. Edwardus Dei gratia c. Sciatis nos concessisse c. Burgensibus nostris de Retford quod ipsi eorum haeredes de cetero habeant teneant ad feodi firmam de nobis haeredibus nostris in perpetuum villam nostram de Retford cum pertnen reddendo inde nobis haeredibus nostris per manus suas proprias decem libras per annum ad Scaccarium nostrum ad festum Sancti Michaelis pro omnibus serviciis c. Salvo inde nobis haeredibus nostris Tallagio nostro cum nos haeredes nostris Dominica nostra per Angliam fecimus Talliari c. reserving to himself and his Heirs a Fee Farme Rent of ten pounds per annum and the power of Tax or Tallage or improving what he had granted unto them when he should have occasion to make a Taxe or Tallage upon all his Demesne Lands in England And untill Rents were racked of which the Kings of England and the Officers of their Revenue in land were seldom or never yet much guilty that Rents were improved as high as the profits of Lands all the Lands of England except the Copihold Customary lands by Fines certain the curtesie of time and their Landlords suffering their good will and charity to be reduced into thankless customs escaped it were liable to be made contributaries to many of the necessities or occasions of the Lords of Manors who formerly did not make Leases and take Fines to lessen the rents as they doe now by a high rate or rule of interest and disadvantages procuring their rents to be advanced as it were in the name of a Fine before hand nor if the Lands were holden in Capite by Knight service untill time and their Princes favours had disused it could make a Lease unto any Tenant of such Lands but by licence and then also for no longer a term then 3. or 7. years And their Lands and Rents except Capite and Knight-service and Copihold land and lands in Frank Almoigne being capable of no higher Rents or improvement cannot now be any more by them Tallied which in effect is but a calling for more rent or raising it which every Landlord may do where his Tenants are at Will or when their Leases are expired when they are now all but those Lands before excepted as to the King and the mesne Lords and the Lands of the Freeholders and Cop holders at the utmost or a very high rent And such Tallage is at this day not laid aside by our Neighbours of France in very many places were les Tailles se paient par ceuz du Tiers estat c'est a dire par les habitans
in many as Canterbury York Durham Lincoln Coventry and Lichfield Exeter Ely Winchester and Norwich much abated when as now by the rise of mony and prises they are greatly different from what they then we●e and are of some of those Benefices and Spiritual Promotions but the eighth or tenth and of many but the twentieth part And receives his prae-Fines and post-Fines Licences and Pardons of Alienation upon Common Assurances at less then a tenth and many times less then a twentieth part of the true yearly values of the lands or rates which the Law ordering the compositions to be upon oath intendeth him after the example of his Royal Father who permitted the yearly value of lands in Capite and by Knight-service to be found by Juries and Inquisitions at the tenth part of the now true yearly value when as by oath they were to find and certifie the true yearly values and all the Lands of the Kingdome but his own are raised and improved generally ten to one or very much in very many parts and particulars thereof more then what they were two hundred years last past in or about the Reign of King Henry the sixth when as the errable and pasture lands which are now in Middlesex let at fifteen or sixteen shillings per annum an Acre and Meadow commonly at forty shillings and sometimes at three pounds the Acre were in Anno 1 Ed. 3. at a farre lesser yearly value when two Toftes of Land one Mill fifty acres of Land and two acres of Wood in Kentish Town near London was of no greater yearly value then 20 s. and 3 d. and the courser sort of pasture land in Essex now let for 8 or 9 s. the Acre and Meadow at twenty or thirty shillings the Acre was then in that Countie and in many fertill Counties within sixty miles and farre less of London valued but at eight pence per annum and four or five pence the Acre errable and the like valuations were holden in licences of Mortmain in all his extents or values of lands seised for taken into his hands Received their primer seisins at the like small yearly rate and took for suing out of Liveries which may be resembled to a Copiholders admittance not a fifth part proportionably to what is now paid by Copiholders to their Lords of Manors and respites of homage as they were taxed and set in anno primo Jacobi in a very easie manner Did not in the valuation of Lands and Estates as some Lords of Manors have been known to doe whereby to rack and oppress the Widdows and Fatherless employ some Sycophants or Flatterers of the Manor to over-value them or have some Decoyes in the assessing of Fines to seem willing to pay or give as much when they are sure to have a good part of it privately restored unto them again or cause their poor Tenants to be misled and the more willingly cozen themselves by crediting hard and erroneous Surveyes taking Leases of their Copihold Estates or using some other unwarrantable and oppressive devices worse then the Pharisaicall Committees did in the renting of lands they had no title unto when they did put men to box one another by overbidding themselves at their wickedly improving Boxes But did according to his Father King James his instructions given to his Councel of the Court of Wards in the assessing of Fines for the Marriages of the Wards and renting of their Lands which too many of the Nobility and Gentry and other of his Subjects did never or very seldome order the Stewards of their Manors to doe order that upon considerations which might happen therein either by reason of the broken estate of the deceased want of provision for his wife his great charge of children unprovided for infirmity or tenderness of the Heirs incertainty of the title or greatness of the incumbrances upon the Lands they should have liberty as those or the like considerations should offer themselves to use that good discretion and conscience which should befit in mitigating Fines or Rents to the relief of such necessities Suffers the Fees of his Chancery and Courts of Common-pleas and Kings-Bench for the small Seals to be receved as they were in the Reign of King Ed. 3. and the Tenths reserved upon the Abby and Religious lands at no greater an yearly value then they were in the later end of the Reign of King Henry the eighth when they were first granted though now they are of a four times or greater yearly value The Fees of the Seals of Original and Judiciall Writs and Process in Wales as they were in the 34. year of the Reign of King Henry the eighth when the English Courts of Justice were there first erected takes six pence a piece for Capons reserved for Rent in Queen Elizabeths time the issues of lands forfeited unto him upon Writs of distringas at such small rates as six shillings eight pence upon one distringas and 10 s. at another which the Law intendeth to be the profits of the Lands distrained betwixt the Teste and the return of the Writs which would have amounted unto twenty times or a great deal more and receiveth his Fines upon Formedons and othe real Actions granted and issuing out of the Chancery at most gentle and moderate rates his Customes inward and outward at easie rates proportionable to such small values as the Merchants advantage to themselves shall give in or the Officers or Commissioners for the King at the Custome-houses shall at randome and without view think to be a favourable and easie estimate Some single ones of which before recited undervaluations besides the profits of the Tolls of Fairs and Markets if rightly and justly paid according to the true improved values or two of the most of them would make up in a constant Revenue unto him a great deal more then the Compositions for his Pourveyances yearly and lately amounted unto by the difference betwixt his rates or prices and those of the Market A due consideration whereof if there were nothing else to put in the Ballance might induce the Earls Marquesses and Dukes of England who have received their honors and dignities from his Royal Progenitors to permit him as well to enjoy his Pourveyance and reasonable support maintenance of the honor of himself and his Royal Family as they doe take and receive of him their Creation monies being antiently a third part of the fines and profits of the Counties whereof the Earls are denominated since reduced to a certain and yearly sum of money when as also not a few of them have had great and large Revenues given them by his Royal Progenitors to uphold and sustein their Dignities and Honors And the Bishops whose Bishopricks and Baronies and most of the Revenues belonging unto them were of the foundation of the Kings Royal Ancestors and received their Investitures and Temporalties from him may if they shall think the Compsitions for Pourveyances ought not
at Westminster Commanded in the 28 year of his Reign Hugh Gifford and William le Brun that upon Friday next after the Epiphany they should cause to be fed in the Hall at Windsor ad bonum focum omnes pueros paup●res Egen●s quot inven●re p●terint it a quòd aula impleatur si tot inveniantur at a good fire all the poor boyes and needdy so that the Hall may be filled if so many might be found Also in the 32 year of his Reign commanded William de Haverhull and Edward of Westminster quod singulis diebus a die Natalis Domini usque ad diem Circumcisionis computatis illis duabus diebus impleri faciant magnam Aulam Regis de pauperibus eos pasci That every day from Christmas to Newyears-tide reckoning and including those two dayes they should fill the great Hall of Westminster with poor and feed them And in the same year commanded the said William de Haverhull his Treasurer and Edward Fitz Odo to feed upon the day of Edward the Confessor pauperes in magna Aula Westmonasterium sicut fieri consueverunt ipsis monathis pittantiam eadem die sicut consueverunt habere faciant the poor as they were accustomed to do in the great Hall of Westminster and to give the Monks their accustomed pittances or exceedings Which would have cost more then a little if prices and plenty of provisions for food and victuals had not better accorded then now they doe or if the King had not had his Prae-emption and Royal Pourveyance or that his Prerogative had been no more in regulating of the Markets and such prises as the avarice of the sellers should enforce upon the buyers then to pay for his own houshold provisions double or treble the worth and the utmost farthing And 174 l would not have been sufficient for King Edward the first his Son by his Writ directed to John L●vetot and Jeofry de Newbald Guardians of the Temporalities of the Bishoprick of Durham to allow unto Alexander King of Scotland coming to London to the Coronation of his Brother in Law guarded with a goodly Troop of Knights and Gentlemen pro expensis suis per quinque septimanas videlicet singulis diebus centum solidos in veniendo ad Westmonasterium ad mandatum ipsius Domini Regis inde ad partes suas redeundo c. for his expences for five weeks that is to say five pounds for every day in his coming at the Kings command to Westminster to do him homage and returning from thence At whose great Feast and Coronation the said Alexander King of Scotland came as an old Manuscript cited by Mr. Weaver mentioneth to doe him servyse and worschip And whahne King Edward was coronyd annyontyd as ryghte heyre of Eng●lond withe moche honor worsschyp Aftur Masse the King went to hys Paleys for to holde a ryall fes●e amonges them that hym had doon servyse and worsschyp And whahne he was set at hys mete King Alexandre of Scotland come to doe hym servyse and worsschyp wyth a queyntyse and an hondred Knyghtes wyth hym horsed and arayd And whanne they wered lyght of theyr horse they let theyr horse goon whether th●y wolde and they that wolde take them had them to their own behofe without any challange And aftyr that come Syr Edmond King Edwards Broder a curtayse Knight and a gentyl of renoon and the Erle of Cornwayle and the Erle of Glowcestre And aftyr theym come the Erle of Penbroke and the Erle of Warren and eche of them led on theyr hondes be themselfe an hondred Knights disgyse in their Armes And whanne they weren a lyght of theyr horse they let them goo whedyr they wolde and they that cowd them take had them stylle at theyr own lyking And whanne all this was doon Kyng Edward dyd his dyligens and his myght to amende the Relme and redresse the wronges in the best manner to the honor of God and profyte to the Crown and to holy Cherch and to amende the anoyance of the Common people The worthiest Knight he was of alle the world of honor and worsschyp for the grace of God was in hym and he ever had the victory of hys enemies Which is here repeated to shew how well the people of those times liked any honor done to their Kings and rejoyced in it And not only in the better course and customes of those times but in all the after ages untill that in which we now are when the pride luxurie and vanity of the Nation have conquered and almost extirpated all the hospitalities of England and made vice and sinfull prodigalities the only care and imployment of their time and Revenues could not leave or forsake the pathes of their more prudent Progenitors when the Nobility and Gentry by their charities alms-deeds bounties and benificences building of Churches permitting of Copihold Estates being only antient allowed and continued charities and succouring of the poor needy founding of Monasteries Priories and Religious houses the then grand supports and Magazines of charity relief alms-deeds to the poor to travellers strangers and the sick and needy granting of large proportions of Commons unto Villages and Townships in that which was part of their own Demesnes and Common of Estovers Turbary for their wood and firing in divers of their Woods and Forrests did so continue the honorable customes of a great hospitality retinue and Attendance great love and good will to their Tenants who enjoying Lands and Leases under them at small and reasonable Rents took them to be their tutelar Gods and as helps and refuges in all their necessities And so intent upon charity were those better and less sinfull times and so much were the necessities of the poor taken to heart as the Bishops and Prelates in venerable B●d●'s time which was long before the Conquest had as he writeth alwaies on their Table at meals an Alms dish wherein was carved some good portion of meat out of every dish brought unto the Table which the poor were sure to have besides the fragments left Ethelwald Bishop of Winchester in the Reign of King Edgar about the year of Christ 963. did in a great Famine sell the Plate belonging to the Church to relieve the almost starved people Walter de Suffild Bishop of Norwich in a time of great dearth in Anno 1245. sold all his Plate and distributed the money made thereof unto the poor Robert Winchelsey Arch-bishop of Canterbury about the year 1293. gave besides the daily fragments of victuals expended in his house every Friday and Sunday unto every Beggar which came unto his gate a loaf of bread sufficient for a day and in times of scarcity relieved on those dayes four hundred and some times five hundred poor people Nor was the house-keeping retinue and attendance of the Nobility and Gentry in those and after ages so small or sparing as it is now in too
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 Fortc●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 Ge●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 en●oyn●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 Mann●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 Wel●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 Cattl● with Hawks and Hounds to a certain number towards which payment by the Statutes of Howel D●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
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 the●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 retu●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 ●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 parti●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 pa●ts of prudence either in the manage of smaller affairs in every mans private Family or that of a K●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 unive●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
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 mi●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 ●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 Ferme● 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 ●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
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 fo●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 Dro●land to drive their Ca●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 Po●ura or Drinklan or Scot ale a Contribution by Tenants towards a ●otation Drinking or an Ale provided to entertain the Lord or his Steward coming to keep his Courts Gavel Malt Gavel Corn ad defer●endum cariandum ad costas expensas tenentium usque ad granarium and to carry it at
Anno 1487. in an Act of Parliament made by King James the third anent strange●s bringing in victuals and utheris merchandice it is provided that quhair any victuals of merchandise cummis gaining for the King that his Comptroller after that the price be maide with the strangers sall have sa meikle of the first and best as is needful to the Kings proper use for the quihilk full payment but delay and their learned Craig in the Reign of our King James doubts not to reckon the Angari● Parangariae plaustrorum navium praestationes furnishing of Carriages and Ships for publick uses inter ea quae Regalia dicuntur quae in annexo patrimonio numerantur amongst those Regalities which are annexed to the Crown of Scotland eo quod ad conservandam Regni dignitatem ex consensu ordinum constituta sunt in regard that by the consent of the Estates is thereby conserved the dignity of the Kingdom And their Ce●sus Cani Rent or Provision quh●●t beir aytes or uther kind of victuals reckoned by Bolls of Wheat and Chalders of victuals not yet forsaken or laid by may induce any man to believe that they were well acquainted with those just and ancient observances And in that Charter of our King Johns at Running Mede near Stanes being the same word for word which was after so long and bloody warres confirmed by King Henry the third which was made when his weaker forces were ready to be encountred by a farre stronger of his boysterous Barons there is no denying of Prae-emption and the reasonable part of Pourveyance the former of which as long as the fifth Commandement in the Decalogue and the acknowledgements and respects of inferiors to superiors the honor due to Kings Patribus Patriae and the common civilities of mankind shall continue in force and be practised and unrepealed is certainly to be continued and should not be disturbed by any the Sons of men who would preserve the honour and dignity of their Prince and Common Parent for it was there only agreed that nullus constabularius vel Ballivus noster capiat blada vel alia Catalla alicujus nisi statim inde reddat denarios No Constable or Bayliff of the King shall without present payment take any Corn or Cattle of any mans aut respectum inde habeat de voluntate venditoris unless the Seller should be contented to give day for it Et nullus Ballivus noster vel Vice-comes vel alius capiat equos vel caretas alicujus pro cariagio faciendo nisi reddat liberationem antiquitus statutum scilicet pro careta ad duos equos decem denarios per diem pro careta ad tres equos quatuordecim denarios per diem And that none of the Kings Bailiffs Under Sheriffs or other take any mans carts or horses for the Kings carriages without paying the antient rate or Livree appointed that is to say for a Cart and two Horses ten pence a day and for a Cart and three Horses fourteen pence Nor did the Conservatores libertatum Angliae enforced upon King Henry the third in his troublesome Reign make any quarrels or restrictions concerning it In Charta Foreste made at the same time no Foster or Bedil was to make Scota●● or gather Garb Oats Corn Lamb or Pig nor any gathering but by the view and oath of twelve Rangers the Exception allowing the things in casibus non exceptis and proving that such things might in such manner be then reasonably and lawfully taken And in that Kings Regin Writs were frequently sent to the Sheriffs as appeareth in the close Rolls to make provisions of Mutton Puletry Geese Eggs c. against Christmas and other principal Feasts and sometimes to the Chamberlains of London to make provision of wine Spices and Furres to be paid de denariis Regis and at other times to some others to make provision of Corn Bacon c. for fortifying a Castle promising that the Sheriff should make payment and be allowed upon his accompt out of the profits of the County so as although the provisions for the Kings own Houshold or for publick uses were not taken without monies to be paid for them yet they were as it may well be supposed at reasonable prices and by a priviledge or prerogative of Praeemption and not alwayes at such prices as the avaritious humour of the Sellers should exact when the Sheriffs in their Turns or Leets might compel them to reasonable rates And Sir Edward Coke will hardly be brought off from a mistake in alledging in his Comment upon the Statute of Artic●li super Chartas that when the Kings of Englands provisions began to fail and could not be had as formerly out of their own Demeasnes there were Markets kept at the Court gates which being not in the Reign of King Henry the first who changed his Provision Rent into money doe not appear to have been afterwards in his time or of the next succeeding Kings Stephen Henry the 2. Richard the 1 or King John and King Hen. 3. who needed not to have made use of his Sheriffs to have furnished his Christmas or other houshold provisions if Markets with that decency and regard which belonged to a Kings Court where those great Kings and a daily confluence of their then no small Nobility with their usual Trains and Attendants and many times forreign Princes or their Ambassadors were to pass had been or were then kept at the Court gates for Britton who wrote in the Reign of King Edward the first only saith that the Clerk of the Market or he which was to look to the measures was to goe with his Standard from Market to Market when he found the Market to be within the Virg● otherwise to make the Bayliffs to appear before him Tertio Ed. 1. ca. 7. it was enacted that of Prises taken by the Constables or Castellanes upon such folk as be not of the Towns where the Castles are no Constable or Castellane from thenceforth should exact any price or like thing of any other then of such as be of the Town or Castle and that it be paid or else agreement made within forty daies if it be not an antient price due to the King or to the Castle or the Lord of the Castle Tempore Ed. 1. ca. 2. It was ordained that no Officers of the King or of his Heirs should take Corn Leather Cattel ot any other goods of any manner of person without the good will and assent of the party to whom the goods belonged And ca. 3. the King granted for him and his Heirs that all Clerks Lay-men of the Land should have their Laws Liberties and free Customes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by him or his Ancestors or any Customes brought in contrary to them
2 R. 2. ca. 1. Upon complaint made in Parliament that Pourveyors and Buyers did take Provisions of the Clergy and enforce them to make carriages against their Liberties It was enacted that the holy Church should have and enjoy her Franchises and Liberties in all points in as ample manner as she had in the time of the Kings noble Progenitors Kings of England and that the great Charter and the Charter of the Forest and the good Laws of the Land be firmly holden and kept and put in due execution saving to the King his Regality which is in the Record but omitted in the Print by which Statute saith Sir Edward Coke there was nothing enacted but what was included in Magna Charta And in the same Parliament it was ordained that the Statutes heretofore made should be kept and that all Clerks should have their Actions against such Pourveyors by Actions of Trespass and thereby recover treble damages And in 7 R. 2. cap. 8. it was ordained that no Subjects Chator shall take any victuals or carriages to the use of their Lords or Ladies without the owners good will and the party endamaged if he will shall have his Suit at the Common Law 2 H. 4. cap. 15. Pourveyance of the value of forty shillings or under for the Kings house shal l be paid for presently upon pain of forfeiture of the Pourveyors Office 23 H. 6. ca. 14. If any Buyer or other Officer of the Duke of Gloucester or of any other Lord or person take any Victuals Corn Hey Carriages or any other thing of the Kings Liege people against their will or without lawfull bargain but only for the King and the Queen and their houses they shall be arrested and if any of the said buyers other then of the King and Queen shall be convicted of such unlawfull taking he shall pay treble damages 28 H. 6. ca. 2. None shall take any persons Horses or Carts without the delivery of the Owner or some Officer nor any money to spare them saving alwayes to the King his Prerogative and his Preheminence of and in the premisses And in the care of our Kings to redress the peoples grievances and satisfie their complaints against the Pourveyors rather then the Royal Pourveyances it may be understood also that they did not altogether lay aside the preservation and care of those antient and most necessary rights and parts of the Kingly Prerogative by their Answers given in divers Parliaments to the Petitions of the People concerning it as 13 Ed. 3. The Commons pray in Parliament that all Pourveyors as well with Commission as without shall be arrested if they make not present pay whereupon it was agreed that the Commissioners of Sir William Heallingford and all other Commissioners for Pourveyance for the King be utterly void 14 Ed 3. Ordered that the Chancellor by Writs doe pay the Merchants of Barton and Lynne for their Pourveyance of corne 17 Ed. 3. The Commons pray that remedies may be had against the outragious taking of Pourveyors The Statutes made shall be kept and better if it may be devised 20 Ed. 3. That payment be made for the last taking of victuals Order shall be taken therein They pray that Pourveyors not taking the Constables with them according to the Statute of Westminster shall be taken as Theeves and the Judges or Justices of Assize or the Peace may inquire of the same The Statutes made shall be observed 21 Ed. 3. Upon a complaint of the Commons That whereas in the Parliament in anno 17. and the next Parliament before it was accorded that Commissions should not issue out of the Chancery for Hoblers and taking of Victuals c. the said Ordinances are not kept If any such Imposition was made the same was made upon great necessity and with consent of the Prelates Counts Barons Autres grandees and some of the Commons then present notwithstanding the King will not that such undue Imposition be drawn into consequence but willeth that the Ordinances in this Petition mentioned be well kept And as touching the taking of victuals alwayes saving the Kings Prerogative his will is that agreement be made with such of whom the same are and shall be taken The Commons alleaging That whereas it was lately ordained and assented by the King and hîs Council that men and horses of the Kings Houshold should not be harbinged in any part of the Country but by Bill of the Marshall of the House delivered to the Constable who should cause them to have good sustenance for themselves and their horses as should be meet and cause their victuals to be prised by the men of the same Towns and before their departures should pay the parties of whom the victuals were taken and if they did not their horses should be arrested and that contrary hereunto they depart without payment pray that in every Bill mention be made of the number of horses and that no more but one Garson be allowed and that payment according to the Statute may be made from day to day The King is pleased that this Article be kept in all points according to the form of the Statute They complain that the Pourveyors of the King Queen and Prince severally doe come yearly assess and Towns severally at ten Quarters of Oates more or less at their pleasure and the same doe cause to be carried away without paying for the same and pray that such Tallages and Pourveyance may be taken away The King will forbid it and that no man take contrary to such prohibition saving to him the Queen his companion and their Children their rightfull takings Eodem Parliamento whereas the horses of the King Queen Prince do wander into divers parts doing much hurt and damage to the people and that hay oats c. are taken contrary to the Ordinances already made the Commons pray That the King will ordain that those horses may abide in some certain place of the Country where they are and that Pourveyance may be had for them in convenient time of the year by the Deputies as may be agreed between them and the owners of those goods The King is well pleased that the Ordinances already made shall be kept and that Pourveyances may be made for his best profit and ease of his People 45 Ed. 3. That no Pourveyance be made for the King but for ready money and that the King be served by common measure The Statutes made before shall be observed They complain of the decay of the Navy by reason tha● sundry mens ships were stayed for the King long before they served the Masters of the Kings Ships doe take up Masters of the Ships as good as themselves The King will provide Remedy 46 Ed. 3. They complain that Ships arrested have been kept a quarter of a year before they pass out of the Port and in that time the Masters or Marriners have no wages Y
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 Va●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 ●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
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 ●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 i● is ended Victuals shal● 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
should be assessed by the said Clerk of the Market in avoiding her Highness displeasure and further punishment at her Graces pleasure Which as to the enforcing of reasonable rates and p●ises for victuals and houshold provisions was no more then that which all Maiors and Bailiffs of Cities Boroughs Merchant Towns and others and of the Ports of the Sea and other places are by the Statute of 23 Ed. 3. cap. 6. authorised to doe and is to be given in charge and inquired of by the Justices of Peace of every County at their Quarter Sessions For if by the rules of Reason Policie and Prudence it was alwayes adjudged to be necessary and profitable for the people in general that the King or Prince should restrain them from deceiving or oppressing one another or not permit the cunning false or richer part of the people to deceive and put what rates or prises they please or can heighten and invent upon the plain dealing honest simple hearted poor and necessitous part of them but should rather resist the Nimrods Tormentors of them and by putting them into some method of righteousness imitate the care and designs of the Almighty to succour relieve and help the poor and needy And that it can never be for the good of the Nation so to encourage the evils and deceitfulnes of mens hearts one towards another as to suffer every one to hatch or spawn as many cheating and cozening tricks perjuries deceipts and false or aequivocal oathes as they can possibly or under a counterfeit shew of godliness make contrive and invent to blind deceive delude or oppress one another or to be like Cut-purses Jews Bandities Wild Arabs or crafty deceitfull Bannyans to the well-doing as well as well-meaning little part of the people or like Rooks cawing wrangling and making a noyse in the trees make it their perpetual business when they are not asleep to steal and filch away one anothers Nests and provisions and being guilty of as bad themselves to be in a perpetuall watch of keeping as well as they can their own whilest they are busie in stealing from others or to make old England to be a Country of Rooks and Jackdaws It cannot be certainly adaequate to any rule of Justice that the King who is to make it his daily care to provide peace plenty and benefits for all his Subjects regulates by his Magistrates and Officers rates and prices of victuals at Markets and Fairs moderates and abates such as are excessive and unreasonable and by Law may seize as forfeit the Court Leets of Lords of Manors for not providing Pillories to punish offending Bakers and ordaineth by his Laws that every Lord or other having the priviledge of a Market shall forfeit it if he have not a Clerk of the Market to look unto it should provide blessings for every one but himself and partake of none or very little of them and that his Subjects should not be at liberty to cozen and oppress one another and yet every man should be at liberty and make it his designe and business to cozen and lay burdens upon him which would be as little for the good of the body politick as it would be in the body natural to wear the head downward and make it to be subservient to the business and humor of the ignoble and less to be taken care of parts of the body Or to give liberty not only in a Siege or publick necessity like that of Samaria but at all other times unto as many as will like the gain or content of it to be as Bears and Wolves one to another and by hardening of their hearts and oppressing one another make a Wilderness and Desert in our Land of Canaan which if well ordered flows with more then milk and honey and by reason of an universall pride ingrossing enhauncing and cheating to maintain it cause a dearth when there may be a plenty And reducing him thereby into the condition of the King of Israel in that Siege when an Asses head was sold for fourscore pieces of silver and the fourth part of a kab of Doves dung for five pieces of silver enforce him to answer as he did the woman which cryed unto him Help my Lord O King if the Lord doe not help thee whence shall I help thee out of the Barn floor or out of the Wine-presse Or that the King when he shall as the King of Israel did in an unseasonable and dry year search the Land for grass to save the peoples horses mules and beasts alive should let his own not pertake of his cares but perish whilst he mittigates unjust and unconscionable rates and prices in the Markets bē himself exposed to all manner of unconscionable and deceitfull dealings Which his just and alwaies until now allowed right of Praeemption which heretofore made the Kings provision for his houshold when it was bought in the Markets or Fairs to be much cheaper then what were bought upon the vie or endeavours who should give most to purchase it at such unreasonable prices as the Sellers could strain or scrue them unto And the Commissions not seldome made by his Royal Progenitors to the Sheriffs and other Officers and Magistrates which had the delegated power of Assise and Correction of Markets and unreasonable prices and the rating of them to make his houshold provisions and where the Pourveyors and the owners could not otherwise agree were to be rated and ascertained as some Acts of Parliament and Statutes have appointed by Constables and some honest men of their Neighbourhood upon their oaths which cannot be supposed to make or admit them to be high or immoderate together with a due regulation of the Markets by the Clerks of the Markets and that care with the Law enjoyneth the Lords of Manors in their Court Leets the Sheriffs in their Tornes the Justices of Peace of every Countie and the Magistrates of every City and Towns Corporate to take in the supressing of unreasonable prices Forestallers Ingrossers and Regrators which are no small part of the causes of them would have prevented or greatly lessened And the Markets would not have risen to that excess of price which is now heavily complained of and every where to be met with by the sleepiness or sluggishness of Magistrates and Justices of the Peace neglect of their oathes and duties which are too often and easily obliterated or put out of memory by sprinkling or dipping them in the waters of some Lethe or Oblivion or by some unrighteous or unbecoming partialties connivance and kindness to their Neighbours and friends or such as they would make to be their friends a timerousness or unwillingness to displease or irritate such as are or may be their enemies or the allurements and temptation of their own Interests in letting their Lands at the rack or very much dearer then it was when the Kings price or compositions were agreed upon and by tentering the Tenants Rents
enforce them in requital thereof and care of themselues to stretch as much or more the prices of their Cattel and Commodities because their Landlords were insatiable and did never think their Rents high enough raised as long as they could find any pretences to raise them higher or any one to give them the utmost penny when they should not be able to pay their Rents maintain their wives and children and have some little comfort or incouragement by their honest labours unless they should as much as they could make every thing as dear as they could and imitate or exceed them All which combining and strongly confederating together his mersere malis have brought many an evil upon the Kingdome made our Atlas burthen much the heavier the poorer sort of the people to be greatly impoverished and devoured like sheep and the landed and richer part like the Israelites with Quails in their mouths murmurring in the midst of their peace and plenty and thinking that to be thanks enough for them and all their Mannah And like those which distempering their bodies and breeding and causing their own diseases are unwilling to acknowledge themselves to be the Authors of what they complain of but would willingly make the aire and heavenly influences to be in the fault and when they make the high wayes the fowler by their own travailing and riding in them and the worse for the next that shall come after them will lament the deepness or foulness of them Or as Landlords which can grievously complain and wonder at the high rates of Flesh Fish Corn Butter Cheese and other houshold provisions at the Markets when the enhauncing of their own pride extravagancies and profit to maintain them and sequestring themselves from the virtues and hospitalitie of their more beloved and honored Ancestors when they have any thing to buy themselves will not as they should lay the blame upon their own letting their Lands by exact and strict measures of the Acres Rods and Perches to the utmost rack and farthing and in many places by as much indiscretion as unconscionableness apportion and limit the wood which the Tenants are to burn or use by the loads as if it were something more pretious or to be brought by degrees to be weighed by the pound or ownces and will have more rent many times to be paid for it then can possibly be made of it with as many nomine paenes and impossible to be kept Covenants and restrictions as hard-hearted curiosity and diffidence can contrive and invent to the sometimes ruine or great losses of the Tenants in their endeavours to improve and make their Farms yeild as much as their Rents doe amount unto which necessitates them to sell every thing which they have to sell at the highest rates And by so letting their Lands at the highest rent and ten times higher then their Grandfathers some only few good and worshipfull imitators of their Progenitors virtues excepted or as much as can be gotten are not only the greatest cause of the enhaunching of all prices of provisions but by making another as great an advantage to themselves Do when as they do not pay Rents as their Tenants doe for the Lands out of which they raise their commodities add to the prejudice of the Buyers by holding of them up to the rates and humour of the Markets and getting as much as they can possible for what they themselves do sell and send to the Markets And by such or the like profitable and beneficiall customes which are sweet in the mouth or unto the taste but may be bitter in the stomach or digestion of making their benefits by the losses or oppression of the Buyers which at the Markets with those reckoned and included which are at home and to be fed with what is bought or brought from thence are forty for one that are sellers and those that have either Lands of their own or at a Rent are not one in every twenty for those which have not have very much enlarged their own Estates and impoverished the Commonalty Wherefore all those of our Nation which like the wanton at last unhappy Sybarites now troubled with a great deal more under a slavish government and dominion of the Turks then the crowing of the Cocks in the night time to disturb their sweet sleeps or repose which once they were so foolish as to account an inconvenience would but summon in their consciences and a right understanding of causes and effects to the Tribunal of reason and observe the dictates of that and common right The Praeemption which was never used to be denied to praeheminence but alwayes attended it as an insepeperable Concomitant and Consequence and so esteemed to be rational as the rude and unmannerly Dutch with their heads in a piece of a Rug and their good manners running out of their knees can afford it to the lowest rank of their Heeren self-created Lords or States or to a Schepen or Sindic Sheriffe or Recorder of a Town would not be found to be a grievance and where any Priviledges as there ought to be many are associate and incorporate with Soveraign Majesty the King of England under whose grants and allowance only every Seller as well as Buyer at Fairs and Markets claims and enjoyes the liberty of buying and selling should not himself be unkindly used or his Pourveyors debarred the liberty of a first Buyer which was in Anno 720. or thereabouts understood to be so necessary and inherent to Kingly authority and Supereminence the reverence respect and duty belonging unto it and a priviledge so just and reasonable and becoming Subjects to be well contented with and the Regality of Kings not to part with as King Ina one of our Saxon Kings did by a Law prohibit Fore Fang or Captio Obs●ni●rum quae in Foris aut Nundinis ab aliquo fit priusquam Minister Regis ea caeperit quae Regi fuerint necessaria the taking or buying of houshold prouisions by others in Fairs or Markets before the Kings Minister or Pourueyor took those things which were necessary for the King the words of that Law as the learned Sir Henry Spelman hath in the Version rendred them de Fore fang 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Saxon signifying ante or before and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere or to take i. e. de preventione decrevimus per totam Angliam quod idem judicium teneri debet We ordain that this Law of Prevention or Praeemption be firmly holden throughout all England And is more fit to be allowed unto the King whose just Rights and Jurisdictions every man is sworn or ought to swear to maintain and defend If there were no fifth commandement in being or any other Praecept in Scripture to honour and obey the King then unto Lords of Manors having Markets and Fairs belonging unto them or the Lord Maior or Sheriffs of London or the Magistrates of any other City or Town Corporate in England
for a greater observance is certainly to be tendered unto the King even in that particul●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 ●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 ●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 R●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 o● 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
as they can they doe with Trumpets Drums and Musick by water in their several Barges adorned with the Banners and Arms of their Companies or Gilds conduct and attend their Lord Maior to be sworn at Westminster although the City of London and every Company in London are abundantly or very well endowed with lands of inheritance of a great yearly value and great stocks of money by Gifts and Legacies And no less reason then the imposing of a penny upon every Broad Cloth brought to sale to Blackwell-hall in London to be paid to the Chamberlain of London to the use of the City for Hallage which the Judges of the Kings Bench in Mich. Terme 32 33 Eliz. in the Chamberlain of Londons Case adjudged to be lawfull because it was as they then declared pro bono publico in regard of the benefits which the Subjects enjoyed thereby and for the maintenance of the weal publick and can not be said to be a charge to the Subject when he reaps benefit thereby and resembled it to Pontage Murage Toll and the like which as appeareth by the book of 13 H. 4.14 being reasonable the Subject will have more benefit by it then the charge amounts unto and that the Inhabitants of a Town or Parish may without any Custome make Ordinances and Bylawes for the reparation of a Church or High-wayes or any thing which is for the weal publick and in such cases the greater part shall bind all the rest And as much to be approved as the wages of the Knights of the Shires and Burgesses coming to Parliaments which are taxed and levied of the Counties Cities and Boroughs some few as those which hold any Lands parcel of an Earldome or Barony only excepted and the charges of the Convocation or Clergy assessed upon the Clergy The Synodals Procurations Proxies and payments made and paid by every Minister to defray the charges of the Arch Deacons in their Visitations every year and the Bishops every three years who are enabled to recover them by the Statute of 34 and 35 of Henry the eighth cap. 19. Oblations Easter and other offerings for the further supply and maintenance of the Ministry Tributes Customes and allowances to Governors of Colonies and Plantations as Virginia New-England Barbados c. or 10 s. or some other rate given by Merchants to the Consuls at Venice Smirna Aleppo Ligorne c. towards their support to assist them in the matter of Trade and procuring Justice from the Superiors of the Territories The Pensions Admissions and Payments in the Universities and the severall Colleges and Halls therein for their support with Taxes also sometimes imposed for publick Entertainments of the King Queen Prince Chancellor of the University or some other Grandees although every Colledge and Hall is endowed with large yearly and perpetuall Revenues in Lands the Admittances yearly Pensions and Payments together with the sale and rent of many Chambers in the Inns of Court Chancery or Colledges or Houses of Law towards the maintenance charges and support of the honour of those Societies and contributions not seldome made and enforced towards publick Treatments and Masques the payments and rates in Parishes for Pews Burialls tolling a passing Bell or ringing him and his companions at Funerals which if not enough to defray the charges of the many Feasts and Meetings of the Church-wardens and Petty States of the Parish repairing of the Church new painting and adorning it buying new Bell-ropes casting one or more Bells building the Steeple something higher or making a sumptuous Diall with a gilded Time and Hour-glass are sure enough to be enlarged by a Parish Rate or Tax more then it comes to Or that which is paid by the poor Tankard or Water-Bearers at the Conduits in London where every one payeth three shillings and six pence at his admittance and a penny a quarter towards the support of that pittifull Society Or those contributions sic magna componere parvis to represent great things by small and the vegetation or manner of the growth of an Oak by that of the lowly Shrubs which are made by a more impoverished sort of people the Prisoners for Debt in Ludgate by Orders and Constitutions so necessary is Government and Order and the support thereof even in misery of their own sorrowfull making in their narrow confinements that the Assistant which is monethly chosen by all the Prisoners to attend in the Watch-hall all day to call down prisoners to strangers which come to speak with them change money for the Cryers at the Grates keep an accompt in writing what money or gifts are every day sent to the Prisoners or given to the Box to charge the Steward with it upon the Accompt day see the Accompts truly cast up the Celler cleared by ten of the clock at night of all Prisoners and the Prisoners to be at their Lodgings quietly and civily hath his share of six pence allowed out of the Charity money every night whereof two pence is to be for the Assistant two pence for the Master of the Box and the other two pence allowed in mony or drink unto him which is the running Assistant or unto the Scavenger for bearing 2 candles before him at nine of the clock at night and rings the bell for Prayers is the Cryer for sale at the Markets for the Charity men of light bread taken by the Lord Maior or Sheriffs chumps of Beefe or any other things sent in by the City Clerk of the Market and unsized Fish by the water Bayliffe with many other small employments for which his Salery is four shillings eight pence per moneth and two pence out of the sixteen pence paid by every Prisoner at his first coming And the Scavenger who is to keep the house clean hath for his standing Salery five shillings eight pence per moneth two pence for every Prisoner at his first coming out of the sixteen pence table-money by him paid and a penny out of every Fine imposed upon offenders for the breach of any orders Every Prisoner paying at his first coming besides many other Fees fourteen pence for entring his name and turning the key five shillings for a Garnish to his Chamber-fellows to be spent in coals and candles for their own use or for a Dinner or Supper and sixteen pence to one of the Stewards of the House for Table-money out of which candles are to be bought for the use of the House every night set up in places necessary c. notwithstanding that it hath above 60 l. per annum belonging unto it charged upon lands in perpetuity and many other considerable and misused Legacies which have been setled and bestowed upon that should be well priviledged Prison And as much and more reasonable as the generall protection and defence is above any particular and the publick benefits do exceed any that are private as those payments and services which being derived from gratitude or retribution for
Roturiers des Villes non Franches Bourgs Villages a proportion des biens du Taillable sans qu ' il ait estè besoin d' asembler les Estats pour ce suiet those kind of Taxes are paid by the third Estate or Commonalty that is to say by the Inhabitants or common people of the Towns and Boroughts not infranchised or freed from it by the King according to the proportion of their goods or moveables without any assembly of the Estates to that purpose except in Languedoc Provence Burgogne Daulphine and Brittaine where when the King and his Councel have resolved what the Tailles shall be les terres immeubles seulement sont Taillables the lands and immoveables only are tailleable and their near friends the Scots did long agoe so well like of gratitude as they enacted and held it to be a good Law that Lands holden in few Ferme pay and ane certain zierly dewty nomine Feudi Firme may be recognosced be the Superior for none payment of the few dewtie and that twa maner of waies the first ex provisione naturae contractus by operation of law and the nature of the contract for the few Fermorer not pay and his few Ferme for his ingratitude and unthankfulnes Tinis and forfaltis his few Ferme be the disposition of the Law quhilk as zit was not in practique and use in Scotland And the English Landlords were so unwilling to part with any priviledges which brought them in any power gain or profit as where they held any of the Kings antient Demesnes in Fee Farme and the King did cause his antient Demesnes to be Tallied the Lord or Fee Farmer under him would sue forth the Kings writ commanding the Sheriff that in case the lands were auntient Demeasne hucusque consueverit Talliari and was untill then accustomed to be Tallied that rationabile Tallagium ei habere faceret de libere Tenentibus suis in manerio praedicto sicut prius fieri consuevit he should cause the Freeholders of the said Manor to pay unto their Lord such reasonable Tallage as was accustomed And with as much or more reason were the Pourveyances or Compositions for them allowed and established as the hitherto never complained of in Parliament or accompted to be grievances Herezelda Herriot services or Herriots which Skene an Author of great authority amonst the Scots defineth to be gratuitae donationes quae ab husbando seu agricola datur domino suo ratione dominij reverentiae the free gifts or remunerations of the Tenants to their Lords in the reverence and respect which they bear unto them Which the Hollanders those grand contesters for Liberties doe call Laudemia and notably increase their small Revenues in lands with them And in England saith the learned Spelman Non nisi post mortem husbandi solvitur is only paid after the death of the Tenant and differs from a Reliefe for that a Reliefe is in case of Inheritance but an Herriot in a lesser Estate as for life c. and being formerly and in the Saxon times of a greater value by the giving or paying to their Lords Shields Swords Spears Helmets Horses furnished and money according to the several qualities and estates of the Tenants have been since by the example and indulgence of our Princes imitated by the Nobility and Gentry reduced to the best horse or beast and if none to the best houshold stuffe but so greedily attached or seldome remitted by the Landlords as the poor mans single Ewe Lamb in the parable of the Prophet Nathan to David or a Cow which should give the lamenting Wife and Children some nourishment and sustenance are seldome able to escape their Bailiffes or such as are sent to fetch them And if it be reason for the people to make such payments and contributions and observe such respects to their Landlords and subordinate Governors or Superiors as much and greater surely ought they to pay unto their Pater Patriae the protector and defender as well of those that receive those duties as of those that pay them and are and should be enough to awaken and rouze up their gratitudes and imprint in their memories the never enough to be requited benefits and blessings received by our Kings and Princes as much as if with a forfeiture upon the not doing or observing those Agreements they had been as strongly annexed and incorporated into our Lands and Estates as that of the Service or Conditions of Lands given to hold by the Tenures of Knight service which as some Civilians hold ipsi sanguini cohaerent are inherent in the very blood of the Tenants which being the most noble gentile rich and better sort of the people were when the Pourveyance was in being the most fit and likeliest to be charged with the Payments or Contributions towards it and were therefore in several Kings Reigns sometimes singly and often charged with publick Ayds or Taxes and very much more then other of the people as twenty shillings for every Knights Fee granted by Parliament to King Richard the first six and twenty shillings eight pence for every Knights Fee to King John and as much at another time to him towards his Warres in Wales twenty shillings upon every Knights Fee towards his Voyage into Normandy and forty shillings at another time and as much twice assessed in the Reigns of King Henry the third towards his Warres in Gascony twenty shillings upon every Knights Fee by Henry the fourth the Warres in Scotland by King Edward the first and Edward the second and of France by King Edward the third and the personal and chargeable services of most of the Nobility and Gentry therein probably procuring them some relaxation of not having their Fees or Lands so charged as formerly And besides other incidents belonging thereunto are by the Fewdists said to be so more then ordinarily tied up unto gratitudes and the more especiall duties and obligations thereof as such a Tenant forfeits his Lands in Fee Si percipiat magnum periculum domino imminere ultrò sine requisitione servicium non offert if he perceived any danger imminent or likely to happen to his Lord and did not of his own accord offer his service to prevent it or if his Lord were a Captive or in prison ought to contribute towards his redemption or if he should happen to fall into distress was to relieve him as farre say some of the Fewdall Laws which by stipulation or paction being not at the first agreed upon or included in the General words of defending the Lord and his Dignity was with many other their gratefull observances afterwards particularized and deduced from such customes as gratitude only had in process of time introduced and as much as amounted unto the Moiety of one years Rent or si dominum in acie periclitantem deseruerit if he left his Lord in the field and was ingratefull And by our Laws of England if
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 ●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 ●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
and the greatest of Customes because it was not gained as most of the peoples Customs or Prescriptions were the best of which had no other originall then the continuance of favours of those that bestowed and permitted them to be enjoyed or a neglect of taking or calling for duties untill time had over-run and covered them with that which is now called a Custome or Prescription but were established by a threefold obligation composed of a Right or Duty a very antient Custome backt by the Lawes of God Nature and Nations and a Contract made and continued by the people to their King built upon the best and greatest of considerations which the Prophet David in the 15 Psalm if it had not been beneficiall but to some loss or damage adviseth not to be broken And merited the bettter observance in that Queen Elizabeth did but the year before call into her Mint and reduce unto pure silver the monies which her Father King Henry the eighth had so much debased with a mixture of brass as it was scarcely half the value in silver which made the price of commodities so much or a great deal the dearer and by her Edicts did all she could to bring down the prices in the Markets which then began to swell more then there was any cause for and in her composition and agreement with many or most of the Counties of England and Wales the next year after did but accept of what then they understood might as the learned and judicious Mr. Camden hath informed us justo pretio at a reasonable or Market rate be well afforded And the Lords of Manors who according to the several customes thereof think it not unreasonable to enjoy their Chevagia or Chiefage which Cowel takes to be pecunia Annu● data potentiori tutelae patrociniique gratia a small yearly payment paid by Tenants as acknowledgments for favours and help received or to be received and take their reliefs of their Tenants in Socage in some places by custome a years value and in some but half as much and in others more according as their customes vary the least of which in value of money doth twice exceed what it amounted unto formerly enjoy their Free Warrens and Fishings with many other Priviledges and immunities by Grant or Prescription and with the Yeomanry and lower ranks of people can be content to claim the benefit of their Customes de non decimando of paying no Tythes at all for Lands formerly belonging to the Cistercians Knights Templers Hospitlers or Knights of St. John of Jerusalem or of a modus decimandi of paying but a penny or some little yearly summe of money in lieu of all Tithes and make an inheritance of the greatest part of 3845 Impropriations with the Smoke-pennies or Peter or Chimney pence which being formerly paid unto some Abbies and Religious Houses and coming afterwards to the Crown in the Reign of King Henry the eight and granted out again by him are in many places as Appendants unto some Manors paid unto this day And think it no grievance to enjoy them and many other priviledges which wereby Grants or Exemptions by Papal Constitutions designed to Religious and not any Lay uses And the customary services of their Tenants to repair wayes and Bridges contribute to the maintenance of a Priest or Preacher or to the marriage of poor Maids or to carry Milstones some miles distant to their Milnes to doe suit of Court or be Butler Baker or Carver at some Festivals and can notwithstanding all the sometimes tedious Suits in Law of their Tenants who hold by Fines incertain and their complaints cram'd in a great purse made of many little ones attended with staves and ill-smelling shoes and feet travailing for relief to Westminster Hall and the superior Courts of Justice with store of out-cries of grievances and oppressions filling every Alehouse they come in with the lamentable tediously told stories of that which they doe many times but guess to be like them raise their Fines for admittances unto two years present value which amounts unto sixteen or twenty times as much as the antient value and demand and take ten or thirteen shillings an Acre to reduce the Fines incertain to a smaller certainty Can take the Optimum Animal or best horse or beast for a Herriot at the death of their Tenants when it exceeds the value of as much as 40 or 50 or 100 to one of what it was at the Conquest when it was reduced from a greater to that lesser rate and within a month or less after take as much as they can get for an Admittance of the Widdow or Heir of the deceased which in Copihold Estates differs very Little from a Relief and in some places as in Cumberland Westmerland and some adjacent Northern Counties compel them besides their formerly perilous enjoyned services annexed to their Lands to be ready night or day to repell the incursions of their plundering and unruly Scottish Neighbours to pay a thirtieth penny after the rate or assise of their old rents upon every Alienation and a twentieth upon the death or change of a Landlord which were formerly more easie and have been since only raised to those higher rates in regard of a greater value since put upon lands houshold provisions and commodities should not murmur at the small oblations which in no burdensome great or general contributions are to be made unto the King for the maintenance of himself and his Royal Family And the Copiholders who can when they please think themselves happy in their customes of Fines certain which patientia charitate in jus transi●runt crept by the charity and sufferance of their Landlords into that which they doe now call Tenant rights when as the lands which they do now hold is in the improved yearly value ten or sixteen or twenty times in many places more then the former yearly value and are by so much beyond the intention either of the Lords or Tenants the Grantors or Grantees when those Fines certain were at the first set or accepted and in those Tenant Rights as they call them and many of their Customes have in many places large Pastures and Meadows of many Acres yearly thrown out at Midsummer or the first day of August or some other time in the Summer or latter end thereof for a Township to inter Common for three quarters of every year or some months and in some places have Common belonging to their Copyholds for paying to the Lord of the Manor yearly as in Grayes Case in Hil. 37 Eliz. a hen five eggs much increased in price since that collateral recompence as it was in that case resolved to be was first taken continued and preserved unto them by the care of the King and his Laws by Inquiries formerly in the Eyres or Circuits de novis consuetudinibus levatis if any oppression or new customs were imposed by their Lords and no sooner complained
of any but had their remedies by a writ of ne injuste vexes where their Lords did indebita servicia exigere require customs and services not due or writs to command their Lords to keep their Courts when the necessities of Justice the Tenants required them seising them if they did not do Justice causing their Lands to be seised for not holding of their Courts or for wrongful proceedings or requiring unreasonable rents services taking unreasonable Amerciaments the like gives remedies by his Courts of Chancery Common-Pleas Kings-Bench Exchequer to any unreasonable exactions or hard-heartedness of their Landlords those Acquittances and Freedoms which the King and his most illustrious Progenitors have given many of the people of England to be free de omni praestatione of furnishing Corn Lamb and Wooll to the use of the Forresters of Buckstall or assisting them in the Chase when the King comes to hunt or of Tristris to hold Grey-hounds or of Sumage or carriages by Horse or Carts or Chiminage for travelling through the Forrests or of Bridgebote to be quit of making of Bridges in the Forrests or their bounds and granting likewise that antient priviledge to the Nobility Bishops Barons coming to Parliament or returning from thence to kill one or two of his Deer in any of his Forrests Chases or Parks should be as unwilling to see his Royal Liberties Legal Customs and Priviledges infringed denied or taken from him as their own But if neither gratitude for benefits and favours recieved in particular by every Family Kindred Generation in the Nation one time with another from the King or his Royal Progenitors immediately or mediatly nor contracts nor customs can oblige or perswade to that small part of Subjects duty in the Praeemption or royal Pourveyance or compositions for it which Oliver his Complices the Contrivers of much of our late sins shame and misery taught them by a strange mistaking to call a burden or grievance They should not deny them as retributions oblations which they are to make unto their King if he or his royal Ancestors had not in every age Kings reign given them any honours dignities estates lands liberties or priviledges for his protection only care of them and for their peace plenty good Laws the happiness imparted by them which is not to be out-weighed by any assistance which they can give unto their Prince Defender of their faith as well as their estates or as tributes which Peter Martyr a godly learned foreign Protestant Divine ca●●●d hither by K. Ed. 6. to assist in the work of Reformation saith are velu●i symbola subjectionis mercedis cujusdam eorum laborum qui sua propria neglexerint ideo necesse est ut de publico provideatur as signes of subjection and retributions for their cares of the people whilest they neglect their own affairs and therefore it is fit they should be provided for out of the publick by Tributes which besides the allowance which our Saviour Christ the Son of God the greatest of Legislators gave of them were so necessary and usuall as feré cum Regibus esse nata nullamque penè gentem fuisse unquam quae Regibus atque Magistratibus suis de publico non solvent tributa unanimis est Historicorum ac Politicorum consensus they were as antient almost as Kings and brought into the world with them saith Besoldus and it is the unanimous opinion of all that know any thing of history and policy that there never was Nation in the world which did not pay tributes to Kings and Magistrates And may deem his just and legall prerogatives and reasonable priviledges and customes in his rights of Pourveyance to be as deservedly belonging unto him his Royall Crown and Dignity as Swans not and marked and Whales Sturgeons which Bracton tells us do propter privilegium de jure gentium by priviledge and the Law of Nations belong unto the Crown and Porpoises Dolphins and all other Fishes strange for bulk rarity or quality for that by custome the Soveraign Prince say the ancient Sea Laws of Oleron ought to have his share demand or pleasure therein and with good reason for the Subject owes obedience and tribute to his Soveraign who may as his Ancestors grant Kaiage Plankage and ought to h●ve as much right as great a privilege not yet rest ained o● taken away by his Royal Progenitors assent to any Act of Parliament in his Praeemtion and royal Pourveyance as King Henry the third had in the fourth year of his reign who being to transport his Army into France commanded by his Proclamation omnes victualium mercatores all Market folk in the Counties of Berk. Southt Somerset Dorset and Wiltshire quod veniant ad Portsmouth cum victualibus quod nullum mercatum teneatur in Comitat. praedict quamdiu c. to bring victuals and provisions to Portsmouth and that no Markets should in the mean time or as long as the Army there continued be kept in the said Counties which would of necessity abate the prices Or as King Ed. 1. did in anno 34 of his Reign assigne Robert Bacon the Sheriffe of Cambridge and Huntington Shires ad blad● emenda infra Ballivam suam per visum ordinationem Willielmi de sancto Georgio Gulielmi de Say milit mitend usque Berwicam super Twedam ad expensas hospitii exercitus Regis in guerra Scotiae to buy and provide corn within his Baliwick by the view and assistance of Sir William St. George and Sir William de Say to be sent and conveyed to Barwick upon Twede for the provisions of the Kings Houshold and Army in the warres of Scotland viz. 40 quarters de frument 425. quarters Brasii prec quarter 4 s. 425 quarters 3. avenae prec quarter 2 s. 6 d. 40 quarter of corn and 425 quarter of Malt or Barley at 4 s. a quarter and 425 quarter of Oats at 2 s. 6 d. Or as King Ed. 3. had by his Letters Patents in the three and thirtieth year of his Raign to seise and take Falcons and Hawks to his use and limit the price of them en le Cite de Londres les lieux environ cibien en ●au come en terre cest a scavoir le falcon gentil pour 20 solz le Tersel gentil pour 10 solz le Laner pour demy mark destre payer par les mains des ses visc●nts in London and the parts adjacent as well upon the water as the land that is to say twenty shillings for the Falcon-gentil ten shillings for the Tersel-gentil and a noble for a Laner to be paid by the Sheriffs which hath an affinity or neer resemblance with Solomons Merchants receiving the linnen-yarn which came from Egipt at a price Or to grant a Toll without act of Parliament as well before as since the Conquest
the King and his then more then ordinary numerous retinue could expend he was which many that were then present can testifie enforced by a Proclamation to forbid the bringing in of great quantities or more then was necessary And if the rates which Queen Elizabeth accepted her provisions to be served in by the Counties had been agreed to have been paid in money and not in kind and had by the fall of the Markets which the Lawes well executed would in a Kingdome of peace and plenty have easily brought to pass been too high a rate and more then the provisions served in kind would have amounted unto those who made that agreement for themselves and the Counties and places which they represented could not have receded from it no more then she or her Successors if the provisions served in kind should have grown cheaper or might have been had for less money or been bought by her Officers at easier rates then the Compositions could without the help of a Proviso with honour or Justice have desired that her provisions might not have been served in kind by the several Counties of England and Wales but that the money or rate then agreed upon to have been the price of those provisions should have been yearly paid into the Exchequer to be disposed of for that purpose which probably might have been the reason that at the first agreement made by several Counties for the Compositions some for 3 years some for four and some for seven there was a proviso that either party disliking which until our mad times or quarrelling with the fifth Commandement and finding fault with every thing that fed not the rebellious humour was not at all done by the Counties should be at liberty and free from that agreement For there can be no reason unless ingratitude and unreasonableness neglect of Laws and Duties breach of Faith and Contracts and reasonable Customes unto the King and Soveraign shall be installed virtues and put in the seat of reason and understood to be no otherwise that when all the Lands of the twelve adjacent and neighbour Counties of London have been so exceedingly and to such a height improved and the Lands of all the other Counties of England and the Dominion of Wales have by neighbourhood and communication largely likewise and more then formerly improved and raised their rents and estates by the rise and greater prices given for Corn Cattel Victuals and all other Houshold Provisions more then they were heretofore the Landlords made to be so very great gainers and the Tenants if they be no great gainers sure enough to be made savers by heightening the prices of Corn Cattel and all other victuals and houshold provisions the King only should bear the burden and not partake of some of the fruits if there were nothing else to require or deserve it of their great advance and increase in all their Estates and Revenues And that he by whose power alliance and interest with forreign Princes the People of England doe enjoy the trade as well inward from for●aign parts as outward into them the many priviledges and immunities procured for our Merchants by his famous Progenitors and Predecessors as that of Burgundy and the Neatherlands France Spain Portugal Ligorne the Russian or Muscovy Trade the Hanse or Hamborough Turkish and East-Indie Trades for all which but Burgundy and the East-land Trades our Merchants are beholding to Queen Elizabeth and King James the Rex Pacificus with the Trades now begining to florish in and with our English Colonies in Virginia Bermudas Barbados St. Christophers Mevi● New-England and Sianam c. which doe serve to augment our plenties and delicacies in England and his protection of them and all their Trades with forreign Princes by his Leagues Confederacies and Ambassadors and allowing them the freedom of the Seas and Ports and that beneficiall Trade for the London Woodmongers or Colliers to Newcastle upon Tine for coals where their Chaldrons by which they buy are more then double to what they sell and measure by at London and the owners of the Colleries to gain their custome doe not only sell at cheap and easie rates but give and allow them for nothing seven and sometimes eight or nine Chaldron of their great and double chaldrons or measures in every twenty or score of chaldrons and notwithstanding their easie and small rates can by engrossing and keeping them upon the River of Thames unsold and a combination and confederacy among themselves sell their coals at 24 or 30 s. a single or London chaldron and think that also not to be gain or profit enough unless they can upon any Frost or increase of winter weather or the news sometimes but feigned or pretended that a Ship or two of coals were cast away by storms raise their coals 2 3 5 10 or 20 shillings more in a chaldron when they please to the damage of the Rich and great oppression of the Poor who buy their coals by the peck and must pay a greater rate for them then their labours small earnings every day from 4. in the morning until 12. at night will amount unto and did in the times of Rebellion and pretence of Gods glory to be advanced by it continue their mystery of trade and oppression to such a height impudence as when it was proved at a Sessions at the Old-Baily in London that they might sell cheaper and the Lord Maior and Justices had put a rate upon coals and ordered that they should sell accordingly neither the fear of Laws or Magistrates was able to perswade them to an obedience or diswade or deterre them from their Liberty of sinning should be denied such a legal antient and reasonable duty And may believe that the granting and permitting of Marts Fairs and Markets at home and the improvement of his Subjects Estates Revenues a five times mo●e in some places and ten in others within the space of 200 years last past and 20 times more then what they were before that period by their peace and liberties may very well deserve so small an acknowledgement and return and so petit a priviledge as the having of a Praemption and his Provisions served in for his household at reasonable prices which is no more then what the Law it self enjoyneth to be done unto all the People and Subjects of England from the highest to the lowest and to the poorest as well as unto the aboundantly or indifferently rich And that when in our Magna Charta or great Charter of our Liberties the Praeemption Pourveyance was not denied upon present payment for all under 40 shillings and for the rest within forty dayes after and the Cart-taking upon the payment of ten pence a day for a Cart with two horses and fourteen pence a day for three secundum antiqua pretia after the old rates for which now are allowed better rates and being afterwards confirmed by King Henry the third in a solemn procession
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
have all his wines seised or limit them to such rigorous observances as the Saxon and some of the Norman Kings did command require to have witnesses and Vouchers for all that the people should sell or buy Or if upon that or some other causes or grounds there were no Markets or Fairs to resort unto or vent the plenty or over-plus of the peoples corn cattel fruits fish flesh butter cheese poultrie or other provisions or commodities and that by tarrying at their own houses they could not be informed what rates they would yeild or what some over-lavishly have given for the like or for less or worse then theirs which is usually a great cause of the enhaunce of prices in the endeavours of all people to get as much for their commodities as they finde others have gotten or as much or more as by any pretences or frauds they can procure for them there would be so much and so great a cheapness and plenty of our native commodities as would draw along with them or cause a great abatement in the rates of setting or letting of land and bring us again into some part of that hospitality charity and alms deeds which our pious Progenitors made to be a great part of their cares and business and rescue us from those great sinnes of avarice envie Pride uncharitableness cozening cheating and oppression under which the Land grones and for which Gods judgements like a sword hanging over our heads in a small silk or hair are ready to destroy us And we should quickly find by the want of Fairs and Markets that which our daily experience now tells us to be true that they are the Markets and Fairs which doe make and yeeld a greater price then can be had at home at the peoples own houses that the Markets and Fairs which are a blessing and happiness to the people granted by our Kings and Princes not now to be wanted with a Safety and Protection in viis Regiis aquis Silvis Semitis in or through his high-wayes or by land or water very often denied by private men through their own lands and Jurisdictions which our forefathers not deserving to be called fools by their les● wise generations for obtaining for them so many good Laws Liberties understood to be so much the Kings rights and favours as in the old Grants and Charters made by the King of any lands or liberties unto them they thought themselves never safe enough unless those words and priviledges were specially inserted And it is obvious to all mens experience that by the intercourse and commerce of the people one with another in the accommodation of one anothers wants affection interest present necessities or occasions the prices of all manner of commodities victuals and provisions have been very much raised and heightned more then formerly or when the buyers were not so numerous and that the vie and biddings which are usually found and to be met with at Fairs and Markets doe much raise and enhaunce them farre above the reall worth or for what otherwise they might be had with a reasonable gain and profit for the things themselves or recompence for labour of bringing them thither as is often found in the way of Holland and some other forreign parts now used by our English and other Merchants of Londan in selling goods or merchandise by an inch or small piece of candle set up to burn for a small time with a condition that he that bids most before it be out shall have it in which contest or striving who shall have the commodity the hasty or over-biddings as the candle goes almost out makes the price to be sometimes a fifth and sometimes a tenth more then it is truly worth and if it chance to be no loss or but a small one to him that winns the bargain it is because it may more conduce to some one particular occasion or affair which that party hath for it more then another That the Markets or Fairs in Cities or great Towns of trade where there are more people a larger expence and more delicate way of living brings the sellers or Market people a meli●ur marchè or better gain or return then they would or could get by carrying it to some lesser Town or place not so much frequented And that the ground and soyl near those Market Towns are much bettered and imp●oved by the ordure dirt and dung of Horses or Cattel in the Streets or Stables carried out and laid upon it That the loss supposed by the duty or compositions for the Pourveyance would not come up to the fortieth or fiftieth part of what they would be otherwise loosers in the fall of their rents and prices And be at last assured to their losses that there can be no reason that all or many of the people who can now take or receive advantage by their own heightning and enhaunce of the prices of provisions at home or at the Markets and so greatly improve their estates by it against the min● and intent of the King and his Laws should stretch and raise all they can their rates and prises upon him or should in his particular of his Praeemption Pourveyance or Compositions for it take advantage or benefit by their own wrongs or breach of the Law which by the rule or maxime of the Civil Law that N●mo ex suo delicto meliorem suam conditionem facere potest no man is to make himself a gainer by his own evil doings is not permitted and our Common Law is not willing to allow a man to take benefit de son tort of his own wrongfull actions Or if that shall not be enough to make the experiment let the most froward and unwilling to that Duty and reasonableness of the Praeemption or Compositions for Pourveyance suppose that which was grown to be almost more then a supposition that Oliver the Cheat as well as Darling of the Factious and Rebellious part of the people and the Patrono of all or many of their wicked doings had as William the Conqueror all the Lands of England in his demeasn power or disposing and given to all the people more then eight parts in nine the Tithes or Tenths being reserved to God and the Clergie with all their Liberties Courts-Leet and Baron Franchises Priviledges of Free-warren Fishing Trade and Commerce Markets Fairs and Tolls with many other Immunities and Freedoms which the bounty and indulgence of our more lawfull Kings and Princes have from age to age and one generation to another given and granted to them and their heirs in perpetuity speciall or generall tail and think but how willing and glad they would have been before they were given or afterwards the late little benevolence being given to the King after the greatest Act of Oblivion or Indempnity which ever Englishmen or any other people had bestowed upon them teaching us the difference betwixt after and before and between a willingness to receive benefits and
time or standing and not upstarts made it their honour as well as business to imitate their Progenitors the old not now drinking Germans who as Tacitus mentions in their Customes were to their Princes in pace decus in bello praesidium which may shew us the grand esteem antient and noble use of Tenures by Knight-service an honor in Peace a Guard in war and made it their glory si numero virtute comitatus emineant if they had a great number of Tenants and Retainers following them insomuch as ipsa plerumque fama Belli profligant the fame and fear of them did many times prevent warres and promote peace Et quum ventum in aciem turpe principi virtute vinci turpe comitatui virtutem principis non adaequare infame per omnem vitam at probrosum superstitem principi suo ex acie recessisse illum defendere tueri sua quoque fortia facta gloriae ejus assignare praecipuum sacramentum est Principes pro victoria pugnant Comites pro Principe and when they were in battel the Prince or King took it to be a shame and dishonor to be out-done in valour those who attended him thought it to be as much unworthy not to imitate him a great disgrace all their life after to leave him in the field and come home without any wounds their greatest care being to defend him and to asc●ibe and offer all their valiant Acts to his renown and glory their Prince fighting for victory their Attendants for their Prince Magnaque Comitum aemulatio quibus primum apud principum locus exigunt principis liberalitate illum bellatorem equum illam cruentam victricemque frameam nam epulae quanquam contempti largi tamen apparatus pro stipendio cedunt and vied who should be nearest their Princes in all their dangers and believed themselves to be well rewarded if by the bounty of the Prince they had such a charging Horse or such a bloody and conquering Spear bestowed upon them for as to wages they were very well contented with Feasts and a large provision of victuals though homely drest And by such or the like longa series or continuance of duties and obedience to Princes kindness and hospitality of the more great and powerful to the meaner came that strength and honor of our Nation not by screwing or racking their Tenants and the Lands which they let them but by easie and cheap bargains when the Tenant would be well content to make his Rents to his Landlord to be as much in love and retribution as in money and both were no loosers when provisions for house-keeping were so much and excessively reserved or presented for Prisci autem moris saith Sir Henry Spelman profusius hospitalitas annales reditus in eduliis collegisse in the times of great hospitality the manner or custome of Landlords was to reserve provisions for house-keeping for all or some of their Rents And those reservations of provisions grew to be so excessive as before the Conquest lege cautum fuit de quantitate eduliorum reddenda it was by a Law ordained by Ina King of the West Saxons betwixt the years 712. and 727. how much rent in provisions should be taken or reserved for every 10 Hides or Plough lands which Sir Henry Spelman understands to be a prohibition that no man should take or reserve more viz. Mellis dolia Hogsheads or vessels of Honey of which it seems there was then great plenty and much used 10 Panes loaves of bread 300 Amphorae Cervisiae Wallicae duodenae twelve Rundlets of Welch Beer or Ale Amphorae Cervisiae tenuioris Rundlets of small Ale or Beer 30 Oxen 2 Weather Sheep 10 Geese 10 Hens 20 Cheeses 10 Gallons of Butter 9 Salmons 5 Twenty pound weight of Hey or Provender 10 And Eels 100 Which was but a small Rent as Rents are now heightned for ten Yards or plough Lands and the Heirs of those which held such proportions of Lands upon those or the like easie Rents or afterwards paid and doe now pay only as Freeholders certain small Quit-rents in money proportionable to the then small rates of such provisions may thank God that the alteration of times and rates of provisions have made them in such a condition as to be very well enabled to perform their duties to their Prince in an easie contribution for the composition for the Royall Pourveyances And that most necessary duty of the Kings Royal Pourveyance if he had not power to regulate and bring down the excessive prises of provisions and at Markets as well for the ease and benefit of his Subjects as himself might be the more willingly and cheerfully submitted unto and performed when as it is for the good of the head and principall part of the body Politick and when as that which the members do contribute is communicated to all the members and parts of it in the preventing hindring or keeping off greater inconveniencies burdens and troubles which would otherwise fall upon them or serves to support and maintain many of themselves and their Sons and Daughters in the service of the King and his Court which hath raised many Families which now either forget or over-look their beginnings originals and founders or to relieve many poor and others who doe partake of those National Blessings of Peace and plenty which are maintained by the honor well-being and prosperity of the King which procures them And should not be disliked but rather rejoyced in when we shall recount unto our Children and posterity the magnificence and hospitality of our Kings when the great Hall at Westminster capable and large enough to entertain three of the largest Courts of Justice in the Nation besides many Shops of Trade built by the sides thereof and receives the feet of some hundreds of the Natives which four times or Terms in the year do come thither to demand it was heretofore but the Common Hall or dining Room of King William Rufus That Henry the 2. caused corn to be laid up in store in Granaries to be given to the poor in the time of dearth in the parts of Anjou and Main and fed every day out of his Granaries a thousand persons from the beginning of April untill new corn was gotten Henry the third in the 23 year of his Reign did by his Writ command William de Haverhull and Edward Fitz Odo that upon Friday next after the Feast of St. Matthias being the Anniversary of Elianor Queen of Scotland his Sister they should cause to be fed as many poor as might enter into or be entertained in the greater Hall of Westminster And in the same year did by his Writ likewise command the said William de Haverhull to feed fifteen thousand Poor at St. Peters in London on the Feast day of the Conversion of St. Peter And four thousand Poor upon Monday next after the Feast of St. Lucie the Virgin in the great Hall
understanding and right reason into the ruder sort of the heathen as in some parts of Africk the King thinks he is not beloved of his people unless he doth sometimes feast them and the heads of the Cowes which are killed for that provision are painted and hung up like pictures in his Chamber as for an honor to the King whereby such strangers which did come to his Court might perceive that he was a good King Being like the Agapes or Love Feasts allowed by St. Paul and those which the primitive Christians continued as an excellent Custome and usage when the rich as Tertullian witnesseth brought to those publick feastings meat and provisions and fed and feasted the poor which were so usefull and well-becoming all such as intended or desired the comfort and blessing of it as that thrifty as well as magnificent Commonwealth of Venice doe not only order and encourage yearly Feasts among the several ranks and Classes of their Citizens and people but doe make an allowance to their Duke or shadow of Monarchy for the feasting of the principal of the Senate and to send yearly in the winter to every Citizen a certain petty present of wild foul And if the virtue of charity which St. Paul makes to be the chief or summa totalis of all the virtues and excellencies which humane nature or frailties can be capable of and will not allow that of speaking with the tongues of Angels which certainly is more to be valued then our last twenty years English complement nor the gift of prophecy and understanding of all mysteries and all knowledge neither the having of such a faith as might remove mountains to be any more then nothing in him or a noise or emptiness if charity be not joyned with it be so superlative The people of England as well as their Kings and Princes were not mistaken when they did so heed and thought it necessary to be observed as a good part of the Tythes given by Aethelulph in the year after the birth of Christ 855. not only of his own Lands in demeasne but as most of the Writers which lived nearer that time have as the most learned and judicious Selden rightly observed it extended unto a grant made by the consent omnium Praelatorum ac Principum suorum qui sub ipso variis provinciis totius Angliae praeerant of all the Bishops and Prelates and the Princes and Earles which under him governed in the severall Provinces and whether the Tithes came first to be setled here by that great King Ethelulphus and his Bishops and great men or were assented unto or granted afterwards by the piety and devotion of particular men and the owners of lands and goods of which very many grants doe occurre before they were settled by a very just and binding authority of the Secular Ecclesiastical power and authority in this our Isle of great Britain some part of them may be certainly said to be in the use and application of them to the Church and Ministry and sacred uses dedicated and designed for hospitality Which the People of did so greatly regard and look after as the supposed want of it in the reverend Cranmer Archbishop of Canterbury begot a project in the reign of King Henry the eighth as Doctor Peter Heylin that learned and great Champion of the Church of England and the truth even after he was blind hath recorded it Whereby a design was laid by a potent and over-busie Courtier to ruine the Revenues belonging to that Arch-Bishoprick by informing the King that the Arch-Bishop of Canterbury had fallen much Wood let long Leases for great Fines and made great havock of the Revenues of his Arch-Bishoprick whereby to raise a fortune to his wife and children and with so large a Revenue had kept no Hospitality that it was more meet for Bishops to have a sufficient yearly stipend out of the Exchequer then to be incumbred with Temporal Revenues and that the Lands being taken to his Majesties use would afford him besides the said Annual stipends a great yearly Revenue But the King rightly apprehending the device sent the Informer on an errand about Dinner time to Lambeth-house where he found all the Tables in the great Hall to be very bountifully provided the Arch-Bishop himself accompained at Dinner with diverse persons of quality his Table exceeding plentifully furnished and all things answerable to the port of so great a Prelate wherewith the King being made acquainted at his coming back gave him such a rebuke for his false information and the design which was built upon it as neither he nor any of the other Courtiers du●st stir any further in that suite And the common people of England have always with so much reason loved and applauded Hospitality good House-keeping Alms Deeds and works of Charity and in that besides their own benefits and concernments did but delight in the ways of God which he hath commanded and is well pleased with whereby the heretofore famous and greatly beloved Nobility and Gentry of England have gained so much love honor power reverence and well deserved esteem as the greatest part of the respects which are now afforded and paid by them unto their Issues and remaining generations are as unto too many of them more in remembrance of the good and vertuous deeds of their Ancestors then any personal good or vertue is either to be found in them or according to the courses which they now hold is so much as expected from them who think a name or title like some gaudy Sign-post hung out of an empty ill governed and worse furnished house where vice and all manner of sins in their horrid and ugly deformities being treated and entertained do crawle up and down like Toads Frogs and Serpents in some dark and loathsome Dungeon or that a pedigree deriving their discents from some or many Heroes and Worthy Patriots is honor enough for them do scorn all but their own foolries and suppose a witty Drollery and the Friskes and Funambuloes of an ill governed wit or of brains soaked and steeped in drink more to be valued then the wisdom in the Proverbs of Solomon hate vice and admonition shun vertue and morality as they would do the burst and fire of a Granado and believe d●ink●ng Dicing and Drabbing to be a more Gentile and cleanlier way of Hospitality and make the common people whilst they stand almost amazed at their Debaucheries and irregularities ready to swear they are illegitimate or some Changelings crept into the name and estate of their Hospitable and vertuous Progenitors and if any of them should be well affected and inclined to walk in the ways of their Ancestors and keep good houses can never be able to do it by reason of the no Reason of their Ranting and expensive Wives twenty of which sort of new fashioned women for there are some though not so many as should be which are or would be helpers to
quondam Protector and whether the turning of their freedom into a slavery and the intreating of him by that which by a dreamed authority of Parliament they called the Petition and advice to accept o● ten hundred thousand pounds per Annum to be charged upon the people without a Land Tax for the maintenance of a Navy ten thousand horse and Dragoons and twenty thousand Foot to keep them and their posterities in sin and slavery with such other supplies as should be needful to be raised from time to time and three hundred thousand pounds per Annum in like manner to be raised for the support of his Arbitrary and Tyrannical Government were less trouble and charge than the Kings Tenures in Capite and by Knight Service and his Compositions for Pourveyance the greatest yearly profit by the Tenures in what was paid to the King not amounting unto above one hundred thousand pounds per Annum and the Pourveyance which saved the King in his Houshold expences above one hundred and forty thousand pounds per Annum not charging the people in these late times of enhaunce of prices above Sixty five thou-pounds per annum Who when they shall have paid double or treble more then the Excise is rated at by colour of the Excise which was by Act of Parliament given to the King and his Heirs and Successors in supplement of his exhausted and overwasted Revenue and racked and oppressed one another by occasion or pretence of the charge of it cunning and avari●e of the selling and richer part of the people Merchants Retailers and Mechanicks of the Nation every one striving to put the damage from themselves and shift as much as they can the burden upon others will by a lamentable summa totalis find how little they have gained by putting their Prince into necessities and how small a gain or blessing they will leave to their posterities When by begging getting and keeping all they can from the King and cozening him all that they can the common people unless they will have their body Politick to be without a head and as they were in the Time of Usurpation when there was no King in Israel busied like the Beasts of the Forrests and Fishes in the Sea in devouring and oppressing one another in a Chaos of villany and confusion cannot subsist or maintain themselves in peace and plenty without enabling the King to support himself to protect an● defend them And may without any violence used to their judgments believe that it was better with the common people of England when they paid for thei● Farms some rent in mony some in provisions of house-keeping when by the hospitality of their Landlords they were sure to partake of them their Lands and Rents being not tortured or drawn up to the highest pin or screw of the Rack or any possible improvement which might be made of it And the plowing of some part of their Lords Demeasnes reaping or carrying in of their Corn and helping them to fetch home some Wood or Coals did not amongst a many of Tenants according to their proportioned services for which they reckoned the love protection and hospitality of their Landlords to be satisfaction enough amount unto the Twentieth or Thirtieth part of the rack Rent which now they do pay and have not so much as a Cup of Beer or a morsel of Bread given them when they come to pay it Which the people of Scotland may to their cost experiment if they should as the rustick part of the people of England have done never think themselves happy untill they have shaken off the services and obligations to their Lords and Benefactors and in stead of paying some Chald●rs of Victuals Mailes and other more easie duties have their Lands let by their Landlords to the utmost penny and bidding and like the Israelites in their Egyptian bondage make Brick and gather the Straw and pay a Rent as much as the Land or Farm can possibly yeild or it may be a great deal more And may perswade the people that there is a grand necessity attended with many other great necessities that the King should have again his just and harmless rights and prerogative of prae-emption Pourveyance and Compositions and as great a necessity for the people if they will avoid those heaps of evils and inconveniences which may otherwise happen upon them and their posterities to desire that he should have it When the oppression of the Markets and the peoples working upon one anothers necessity the most part of them walking by no rule of piety virtue morality humanity charity or conscience but labouring all they can in their actions to advance the kingdom of Sin and Satan and their own everlasting punishments shall by their wicked and illegal enhauncings ingrossings combinations and contrivances make the prizes of every thing to be so immense and unreasonable as the vicious and Rooking part of the people will if such rates and prices shall hold on continue and grow higher and higher as they are like to do without some Bando or reiglement and a greater care taken by the Justices of Peace and Clerks of the Market then hitherto they have been pleased to bestow in the execution of their places and duties undoe and begger the virtuous or such as shall be inforced to buy at such unreasonable rates their provisions of food and livelyhood make as a Jew lately well observed none but the richer part able to live with any plenty or content u●terly ruine the middle ranks of the people and enslave and begger the poorer who must like the Gibionites be well contented to be hewers of Wood drawers of Water that they may live and eat bread And that all that the King and his Council can do by putting in practice the antient usage of a Jury impannelled by the Clerk of the Market within the Virge of the Court and commanding them upon their Oaths to set a marketable and reasonable rate according to the usual prices of Victuals and household provisions in Markets and elsewhere which all men were enjoyned by His Majesties Proclamation strictly to observe cannot now that the Pourveyance or Compositions for it are laid aside keep their rates and prices within the bounds and limits of any reason but the people are so insatiable in their gains and so cuning to promote their unjust designs therein as they do not only not keep the Kings rates but to enlarge their profit and prices do all they can to bribe and go a share with some of his Pourveyers When it is very evident and demonstrable and our own happiness might tell us if we did not too much mistake and abuse it and make our sins to be the product of it that now that in England by laying down of Tillage more than it should there is more Pasture Land to feed or fatten Cattel ten or twenty to one then ever it had before and that this our fruitful Isle hath both
for Tillage and Pasturage agros luxuriantes rich and fertil Lands watered and enriched with many Rivers her Mountains and Downs covered and replenished with Sheep and far more then they were before the Raign of King Edward the third abounds with Corn Butter Cheese and all manner of Commodities for the u●e and livelyhood of mankind and by a greater improvement of all the Lands of the Kin●dom within this last Century or hundred yeares then was in three or four hundred yeares before and by watering marling and burning the more barren parts of it is gone far beyond the time and expectation of our Fathers and Progenitors either Brittaines Saxons or Normans and is in the yearly value of Land increased in many parts or particulars thereof twenty thirty or fourty to one more then it was insomuch as we may to our comfort say and believe that Forraign Writers were well acquainted with our happiness when they called England the Court of Ceres and as Charles the great or Charlemaigne of France our neighbor was wont to term it the Granary of the Western world a Paradice of Pleasure and Garden of God and was many ages before in the Brittish times so fruitful in all kinde of Corn and Grain as the Romanes were wont yearly to transport from hence with a Fleet of eight hundred vessels then but something bigger then Barges great store of Corn for the maintenance of their Armies and our Brittains could before those large improvements of Lands and Husbandry which have been since made in it declare unto the Saxons when they unhappily called them in to their aid and took them to be their friends that it was a Land plentiful and abounding in all things Pope Innocent the fourth in the Raign of our King Henry the third called it Hortus deliciarum a Garden of delights ubi multa abundant where all things are plentiful And in the Raign of King Edward the third where there was small or very little enriching or bettering of Lands compared with what it is now the English Leigier Embassadors at Rome hea●ing that Pope Clement the sixth had made a grant as he then took upon him to the King of Spaine of the Fortunate Islands now called the Canaries did so believe that to be England which was then granted by the name of the Fortunate Islands as they made what haste they could home to inform the King of that which they believed to be a danger And may now more then ever well deserve those Encomiums or commendations which our industrious Speed hath given it that her Vallies are like Eden her Hills as Lebanon her Springs as Pisgah her Rivers as Jordan and hath for her Walls the Ocean which hath Fish more then enough to feed her people if they wanted Flesh and had not as they have such innumerable Herds of Cattle flocks of Sheep such plenty of Foul Fruit Poultery and all other provisions on the Land for the sustenance life of man to furnish the delicacy of the richer part of the people and the necessities of the poorer if they would but lay aside their too much accustomed Lazines and carelesseness with which the plenty of England hath infected her people and not suffer the Dutch to enrich themselves and make a great part of their vast Commerce and Trade by the Fish which they catch and take in our Brittish Seas multiplying the stocks of their children and Orphants whilst too many of ours for want of their parents industry have none at all or being ready to starve or dye do begg up and down the streets when the waters have made her great the Deep hath set her on high with her Rivers running round about her plants and sent out her little Rivers unto all the Trees of the field when she is become the Merchant for many Isles hath covered the Seas with her ships which go and return a great deal sooner then Solomons Ships to or from Ophyr searcheth the Indies and the remotest parts of the earth to enrich her borders and adds unto her extraordinary plenty the Spices Sugar Oyl Wine and whatsoever foreign Countries can produce to adorn our Tables which former Ages wanted or had not in so great an abundance And that her people are now if so much no more numerous than formerly by her emptying of multitudes of her Natives into Ireland since the Raign of King Henry the Second many of whose Inhabitants have been English transplanted gone thither by our many great Plantations since the middle of the Raign of Queen Elizabeth sent into America as Virginia Bermudas New-England Barbadoes St. Christophers Mary-Land Charibe Isles Me●is c. By our many Voyages at Sea and to the Indies more than formerly our Fishing in Newfound Land which we had not in former dayes our Nursery of War and Regiments of English in Holland and the United Provinces and our greate● than formerly Luxury use of Physick and shortning the lives of the richer part of the people by it When the Provisions for the Kings Houshold or the Compositions for them in so great a plenty as England is now more than formerly blessed with notwithstanding that we do keep fewer Vigils Fasting Eves than heretofore and do as it hath been an usage custom of this Nation eat more flesh in every one month of every year the time of Lent excepted which since the Reformation of our Religion the return of it from the now Church of Rome to that which is more Orthodox is very little at all or not so well observed as our Laws intend and it ought to be than all France Spain the Netherlands do in every year would if the Universal Pride Luxury of the people and their Racking and Cheating one another to maintain it did not hinder it be as cheap or cheaper afforded than it was heretofore For that our Ancestors well approved and much applauded customs of Hospitality are almost every where turned out of doors and an evil custom of eating no Suppers which a Tax for a little time of as much as was saved by one meal in every week introduced and brought into fashion to maintain the Grand Rebellion hath helped the Back to cozen the Belly and the Back with its Brigade of Taylors and all other the abused and retaining Trades to Lucifer hath cheated and rooted out Love Charity and good House-keeping and retrenched much of the Provisions which were wont to be better employed That the Lands of most part of the Monasteries and Religious Houses in England and Wales and their yearly Revenues which at the old easie rates were in or about the Raign of King Henry the Fourth computed to be sufficient and enough to maintain fifteen Earls which after the rate of Earls in those dayes and their great Revenues could not be a little fifteen hundred Knights six thousand two hundred Gentlemen and an hundred Hospitals besides ●wenty thousand pounds per Annum to be given
Aurum Reginae Gold or presents made and given to the Queen in return of their Gifts and favors received from the King Great liberties and priviledges by grants of free Warren Mines Felons and Outlaws goods Deodands Waiss Estraies Fishings Court Leets Tolls and freedom from Tolls to many Cities and people of England granted since the ninth year of the raign of King Henry the third when for the like and some other liberties then confirmed unto them the people of England not having half so much before that time granted unto them as by the bounty and Indulgences of the succeeding Kings and Princes they have had since took it to be no ill bargain to give unto the King for that his grace and favour a Subsidy of the Fifteenth part of all their moveables not loosely rated or much undervalued as their posterities have found the way to do Abundance of Wood and Tymber sold and destroyed by their prodigal posterities which yeelded them as much money as the inheritance of the Lands would have done some of their wives like the story of Garagantuas lusty Mare whisking down with their Tailes whole Woods and great store of Timber in them of two or three hundred years growth A lesser number of servants and retainers and charge of Badges and Liveries especially since the Statutes of 1 R. 2. ca. 7. and 8 E. 4. ca. 2. made against too great a number or the abuse of them when as now many Gentlemen can put a Coachman Carter into one and supply the places of a Servingman Butler and Taylor by one man fitted for all those imployments A great increase of Wool and the price thereof since the Raign of King Edward the third by our quondam flourishing Trade of Clothing untill that our late giddy times of Rebellion had so very much lessened and impaired it Many great Factories or Manufactures of Bays Sayes Serges and Kerseys at and about Colchester Sudbury c. and of stuffs at Norwich Canterbury Sandwich Kiderminster c. erected and encouraged before our long and late unhappy wars and the raign and Rapine of Mechanick Reformers The Lands of Wales greatly improved since the Raign or King Henry the fourth and his severe Laws which denyed them the intercourse commerce and priviledges of England The freeing of some of the Northern Counties as Cumberland Westmerland and Northumberland from the trouble charge and damages of maintaining their Borders against the Scotish formerly and frequent outrages invasions and taking away their goods and cattle by day and by night And the like freedom from the incursions and depraedations of the Welch assured and settled upon the four Shires or Counties of Gloucester Worcester Hereford and Shropshire by the guard and residence of a Lord President of Wales and the Marches thereof Abundance of Markets and Fairs now more then formerly granted so as few or no parts of England and Wales can complain of any want of them within every four or five miles distance Great sto●e of Welch Scottish and Irish-cattel now yearly brought into England when as few or none were heretofore Horses Oxen and Cattel now by Law permitted to be transported into the parts beyond the Seas which were formerly denyed A greater profit made to many private Lords of Mannors by Lead and other Mines c. more then heretofore Many Fruit Trees bearing Apples Pears c. yearly planted and great quantities of Sider and Perry made more then formerly Many Rivers made Navigable and Havens repaired The loss of Cattel and great damages by Inundations of the Sea or the Creeks thereof or of some boysterous and un●uly Rivers prevented by contributions to the making of Sea walls by several Statutes or Commissions for Sewers None or very little trouble or charges before ou● late wars for maintaining of Garrisons c. or by the disorder or Rapines of any of them Our Ships better then in former times secured upon the Sea Coasts by light houses c. Some of our Principal native Commodities as F●llers Earth Leather Hides c. and Corn when it is not cheap prohibited to be exported Divers Statutes restraining Aliens not being Denizend to Trade or keep Shops c. Convenient provisions made for Vicars in case of Churches appropriate The goods of Foraigners to be taxed for the payment of fifteens The breed of large Horses and increase of Husbandry commanded divers Statutes made for the incouragement of Merchants Merchandize and Mariners preservation of Fishing Fuel Cattel and Rivers and against Freequarter of souldiers excessive Tolls Forestallers Regrators Ingrossers and Monopolies Riots Routs and Vagabond Rogues and to relieve the poor All Commotes or unlawful gatherings of money in Wales and the Marches thereof taken away Weights and measures Regulated Depopulations prohibited Many an unjust title in concealed Lands made good by sixty years quiet possession Interest for money lent reduced to a lower rate then formerly and Brokage forbidden No Tillage or errable land to be laid down but as much to be broken up Merchants Strangers permitted to Trade and sell their Merchandize in England and buy and sell things ve●dible and a great improvement of Trade and Merchandize six or seven times exceeding that which was in or before the raign of Queen Elizabeth Fishgarthes in the Rivers of Ouse and Humber ordered to be pulled down The passage upon the River of Severne freed from Tolles imposed by the proprietors of the Lands upon the Banks The bringing of Silver Bullion into England by our English Merchants encouraged the transportation from thence of Gold and Silver without the Kings licence prohibited and the care of the Kings Exchangers untill the disuse of it now of late preventing all abuses in the coyn or money of the Kingdom Merchants Aliens and Merchants of Ireland ordained to imploy their mony received in England upon the Commodities thereof and every Merchant Alien to finde Sureties that they shall not carry Gold or Silver out of this Realm The keeping of great numbers of Sheep by rich men whereby meaner men were impoverished restrained to a certain number Ordinances made for Bakers Brewers and other Victuallers The prices of victuals to be rated and assessed by the Magistrates Rents of houses in Staple-Towns to be reasonable and assess●d by the Maior Great quantities of waste grounds and Commons inclosed and improved A long and happy Peace at home for more then two hundred years Many an Act of Parliament made to prevent or remedy grievances enlarge the peoples liberties and make them the most free and happy Nation in the world si sua bona Norint if they could but be content with their happiness and know how to use it All the Revenues and Estates of the people aswell reall as personal exceedingly and by many degrees improved more then formerly And all manner of Victuals and provisions sold at such excessive rates and prices as would busie our Forefathers with no common or ordinary wonder if they could be alive again
afterwards by reason of the Murrain of Cattel and a more then ordinary unseasonableness of those years twenty quarters of Corn were furnished for the Kings use and taken by the Sheriff of Kent at eleven shillings the quarter as appeareth by a Tally struck fo● the payment thereof yet extant in his Majesties Receipt of the Exchequer and although that in the year next following by reason of a peace with France and the great victories before obtained against it by the English when the King was rich and the people rich which makes a Kingdom compleatly rich with the riches and spoiles gained thereby and that great store of Gold and Silver Plate Jewels and rich vestiments sparsim per Angliam in singulorum domibus were almost in every house in England to be found and that in the 23. year of the Raign of the said King so great a mortality of men and Cattle happned ut vix media aut decima pars hominum remaneret as scarce a third par● and as some were of opinion not above a tenth part of the people remained alive which must needs have made a plenty of money tunc redditus perierunt saith the Historian hinc terra ob defectum Colonorum qui nusquam erant remansit inculta tantaque miseria ex bis malis est secuta quod mundus ad pristinum statum redeundi nunquam postea habuit facultatem insomuch as Rents or Tenants for Lands were not to be had the Lands for want of husbandmen remained untilled which would necessarily produce a dearth and scarcity of Victuals And so great was the misery as the Kingdom was never like to recover its former condition And that in the 25. year of the Raign of King Edward the third by reason of the Kings coyning of groats and half groats less in value then the Esterling money Victuals were through all England more dear then formerly and the Workmen Artificers and servants raised their Wages yet in Anno 12 R. 2. though there was a great dearth yet Wooll was sold for two shillings a Stone a Bushel of Wheat for thirteen pence which was then thought to be a great rate a Bushel of Wheat being sold the year before for six pence And in Anno 14. of King R. 2. in an account made in the Receipt of the Exchequer by Roger Durston the Kings Bayliff he reckons for three Capons paid for Rent four pence half penny for thirteen Hens one shilling and seven pence for a P●ow●share paid for Rent eight pence and for four hundred Couple of Conies at three pence a couple one hundred shillings In Anno 2 H. 5. the Parliament understood four pounds thirteen shillings four pence to be a good yearly a●lowance or salary for a Chaplain being men of more then ordinary quality so g●eat a cheapness was there then of Victuals and other provisions for the livelihood of men and for Parish Priests six pounds per annum for their Board Apparrel and other necessaries and being to provide that Jurors which were to be impanelled touching the life of man Plea Real or Forty Marks damage should be as the Statute of 42 E. 3. c. 5. required men of substance good estate and credit did ordain that none should be Jurors in such cases but such as had fourty shillings per annum in Lands above all charges which was so believed to be a good estate in 5 H. 8. c. 5. which was almost one hundred years after as the Parliament of that year did think it to be an estate competent enough for such kind of men In the Raign of King Henry the sixth after that France a great and rich neighboring kingdom was wholy conquered and possessed by the English who had not then learned their waste●ul Luxuries or Mimick fashions and could not with such an increase of Dominion and so great spoils and riches transported from thence hither but be abundantly and more then formerly full of money the price and rates of Victuals was so cheap as the King could right worshipfully as the Record saith keep his Royal Court which then could be no mean one with no greater a charge then four and twenty thousand pounds per annum and in the 33. year of his raign which was in Anno Domini one thousand four hundred fifty and five by assent of Parliament granted to his son the Prince of Wales but one thousand pound per annum whilst he had Dirt and Lodging for himself and his servants in his house until he should come to the age of eight years and afterwards no more then 2000. Marks per annum for the charge of his Wardrobe Wages of servants and other necessa●y expences whilst he remained in the house of the King his ●ather which was then thought sufficient to support the honor and dignity of the Prince and heir apparent of England though now such a sum of money can by some one that m●ndeth his pleasure more then his estate and the present more then the future be thrown away in one night or day at Cards or Dice In Anno 37 H. 6. Meadow in Derbyshire was valued but at ten pence per Acre and errable Land at three pence In the 22. year of the Raign of King Edward the fourth which was ●n the year of our Lord one thousand four hundred eighty and two the price and value of six Oxen was at the highest valuation but ten pounds In the seventh year of the Raign of King H 7. which was in Anno Domini one thousand four hundred ninety and two Wheat was sold at London for twenty pence the Bushel which was then accounted a great dearth and three years after for six pence the Bushel Bay Salt for three pence half penny Namp●wich Salt for six pence the Bushel white Herrings nine shillings the Barrel red Herrings three shillings the Cade in the fifteenth year of his Raign Gascoign Wine was sold at London for fourty shillings the Tun and a quarter of Wheat for four shillings In the 24. year of the Raign of King Henry the 8. a fat Ox was sold at London for 26 s. an half peny a pound for Beef and Pork and a half penny farthing a pound for Veal and Mutton was by Act of Parliament thought to be a reasonable price and with gain enough afforded In the fourth year of the Raign of Queen Mary which was in the year of our Lord God one thousand five hundred fifty and seven when very many families and multitudes of the people of England had been but a little before greatly monyed enriched by the lands spoil or the Monasteries and other Religious houses and their large possessions Wheat was sold before Harvest for four Marks the quarter Malt at four and fourty shillings the quarter and Pease at six and fourty shillings and eight pence but after Harvest Wheat was sold at London for five shillings the quarter Malt at six
years been expended more then formerly in Wine which in King Henry the eighths days was so little used to be drunk by Pints or Quarts or great quantities in Taverns as they were like some medicaments or Cordials usually sold and to be had at Apothecaries Shops And of all that hath been since vainly spent in Pictures Coaches Dice and Cards more then their forefathers excess of Apparrel building of stately houses and laid out in Plate and the Furniture and adorning of them when he is but a Sonne of contempt and a Citizen of the lowest rank that hath not his Country-house which though it cost five or six thousand pound the building must scornfully be called a Wash house with gallant Gardens Fountains and Orchards and as much or more Plate then the Nobility or Gentry were wont to have with very costly Hangings of threescore or one hundred pounds a Suit Vast sums of mony yearly spent more then formerly in the purchase and taking of Tobacco and those smoaky delights and contemplations twenty thirty or forty times greater Portions given with Daughters in marriage many of whom are so ill bred and habituted unto it as they seldome fail to spend in a short time that and three times as much more of their Husbands Estates which did not long agoe put the wise Spaniard in mind by a Law or Pragmatico to cause a restraint and limitations of Portions to be given in marriage with Daughters and can in a month or night lose as much or more at Cards then the Portions of their Grandmothers the Daughters of Knights men of worship amounted unto besides what is disbursed by some of our Ladies African she-monsters and high-flying Gentlewomen of the sinfull mode and fashion in artificiall beauties black patches extraordinary washings and as they hope invisible Fucusses and perswading their Husbands not to trouble themselves with the dirty husbandry and greasie Hospitalities as they please to stile them of their Fathers or Grandfathers but to turn their care into Cards Sedans and Coaches and their Chimneys to Tobacco-pipes And an Accompt were taken of all which hath been spent and paid more then formerly in the high rates and prises more than needed of all that hath been worn or eaten since the beginning of the Reign of Queen Elizabeth and extraordinarily paid in Servants and Workmens wages All the money which hath been spent more then formerly in sugars fruits spices and other forragin delicacies and superfluities all the money which hath been made of the wood and timber more then ordinarily cut down and sold which yielded as much as the purchase of the Lands where it grew could come unto and had been carefully planted and preserved by our forefathers for shipping and better uses then to pay the debts or furnishing out the vanities and wickedness of their profuse generations and all the money spent in Watches worn by almost every Citizen of the better sort and their Apprentices with a constant rent paid quarterly to keep them in order more then 60000 pounds per annum vainly spent in the twelve penny jobs in Hackny Co●ches and in Perruks or Periwigs when Clarks and some foolish Tradesmen must not be without them though they cast 5 l. a peice All that hath been spent in Jewels or Counterfeits of them and in making the superfluous Trains or length of our Gentlewomans Gowns all that hath been expended in the payment of interest and Brokage to keep up our pride and luxury and twenty Millions sterling at the least lately thrown away in a dir●ful and bloody sacrifice to a most wicked rebellion were or could be recalled again and amassed and put into a publick Treasury it would be as much if not greatly exceed that so famous Aerarium or Store-house of gold and silver jewels and precious stones of the City or Commonwealth of Venice and more then enough to erect a Bank or Mont Piete which might have furnished the Nation with money at a less interest upon pawns then fifty or sixty per cent and stills our more then ordinary cries of want of Trade and money And when all that is spent and not to be found at home in the circulation of Trade or Exchange but for the most part di●bursed and sent abroad in the acquests of pride and luxury And that we are so mad and prodigall in the scattering and consumption of that little which remains when every Asse thinks it to be a good bargain to sell or pawn his skin and ears that ●e may which he will never be able to compass look like a Lyon every Goose would be a Swan every Owle a Nightingale and our Taylors some whereof are grown so rich as to ride in their Coaches and do make their Bills accordingly almost tyred with trimming up too many of our fantastick Gentry cutting out their Lands and Estates into cloaths and bestowing their money and credit in ribbands and apish garnishes one hundred pounds or more can be spent in a Supper or Treatment at the Beare at London-bridge and forty pounds at a Feast in a private House o● Family when it was more then any of their Ancestors had in Land or yearly rents and many of our Merchants and Citizens in London are as they think but ill accoutred unless us Lucullus the Luxurious Roman after his conquests and spoils of forreign Countries they may keep their Coaches and support their unnecessary expences with the spoils of a good conscience and their ill-gotten riches by tricks and contrivances of Trade and at the time of the greatest complaints of want of Trade and money and the direfull and unwelcome news often assailing their ears of such or such a too gallant Tradesman broken all in pieces can make a Wedding dinner for about eight and twenty persons with one hundred and fifty costly dishes of meat and like some great Eastern Monarcks continue their feasting for several dayes after when not a few of our Citizens must ordinarily have their Wives and Daughters in the Fashion and richest sort of Apparel of cloth of Silver Plushes Velvets and Satin garnished with more costly pearls and jewels then our great and good because they were used to be as good as great Ladies were wont to deck and adorn themselves upon high and solemn Festivals with their Clossets abundantly furnished with rarities and their gold and silver Watches hanging by their sides and too many of their Wives will be out of Tune or sick and in danger to miscarry if a bed with the furniture of threescore or one hundred pounds price and a Chamber better and better furnished for every child her husband thinks is lawfully begotten may not be provided for her and too many of them and their Daughters will by no means be left behind their neighbours in Fashions or Folly and if any one of them by over-pampering themselves chance to slip into the chambers of death must have no lesse then three hundred pounds bestowed in a Funeral
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 Manuf●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 inconvenienc●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 inhe●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 Olivaria● 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 favou●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
great Talbots or as the Prior of Canterbury did of his Tenants who in every Manor were bound ex antiqua consuetudine providere Priori ibidem de quodam Palifrido competenti tempore novae creations suoe by ancient custome to present the Prior at his election or first admittance a Palfrey fitting for him Or which the Prior of Rochester did of his Tenants of the Mannor of Haddenham in the County of Buckingham who by ancient custome in the eighteenth yeer of the raign of King Edward the third were to Mow and make the Lords Hey Weed his grain in his demesnes pay certain Rent Corn called Booting Corn and five hundred threescore and three Eggs at Easter which in Anno 18 H. 6. were by an agreement made with the Prior of Rochester released for the sum of three pounds and an increase of Rent from thence forward viz. for every Yard land twelve pence every half yard land six pence every Cotland eight pence and every worthy some Tenants so called four pence which is to this day paid and continued And being besides obliged by their customes to the works and services following viz. That every Tenant holding a yard land and the Tenants of two half yard lands ought to plough the Demeasne lands of the Lord two days in the year viz. in Winter and in Lent for which they were to have their dinner allowed by the Lord every Tenant holding a yard land ought in harvest upon a flesh day as also upon a Fish day to be assigned by the Reeve or Bailiff to find two able persons every holder of a half yard every Cotland or Cottogea and every worthy ought to finde the same day one able and lawful person with Hooks or Sickles to reap the Lords Grain in his Demeasnes for which they were to have their dinner allowed them at the charge of the Lord or his Farmer every yard land ought to carry half a quarter of the Lords grain to Oxford being about twelve miles distant to Wallingford neer as much or to Wickham being about ten miles distant being Market Towns near adjoyning to Haddenham and all the Carriers were to have one penny in common to drink the morrow they ought not to work every yard land ought to carry to Marlow eleven quarter of Grain of antient measure at three tearms of the year to be quit from all things by six weeks after and to carry the Lords grain from his demeasnes into his Barn from the furthest field four loads from Dillicot field six loads and if they carry nearer then all the day if it please the Lord also if the Lord shall buy Wood every Yard land ought to carry two loads of Wood from the place into the Lords Yard so it be ready to carry before the Feast of St. Michael otherwise each Yard land should onely carry a horse load so as they may in one day go and return and all that week they should remain quiet likewise if the Lord should build houses he ought to buy Tymber and the men viz. his Coppyholders ought to bring it home viz. each hide every day one Load untill the whole be carryed so as they may in one day go and return also if it please the Lord to send for fish four hides ought to be summoned and two shall go for fish to Gloucester which is about six and thirty miles from thence and other two shall carry it to Rochester upon their own cost and they should remain quiet until they return all the Cotterels and worthy Tenants ought to wash the Sheep of the Lord and to sheer them and fully to perform all thereunto belonging and have nothing therefore and if a theif should be taken in the liberty of the Lord the Cotterel Tenants should keep him And were so due and of so long a continuance as though the Tenants some few onely excepted which would not pertake of the Composition and are still contented to do their work and carriage services did upon a reference made by King James to Henry Earl of Manchester Lord President of his Councel in Anno 1624. to hear and determine the differences betwixt Sir Henry Spiller then Lord of the said Mannor and the Tenants concerning that and other matters within a short time after viz. in the first year of the raign of King Charles the Martyr agree for a Release of the said services not acquitted in Anno 18 H. 6. to pay yeerly unto the Lord of the Mannor and his heirs after the rate of three pence for every Acre and a penny for every Messuage or Cotage which had no land belonging unto it Or as many the like beneficial customes and priviledges at this day enjoyed by the Lords of some thousands or more of Mannors in England which beloned unto the Abbies and Religious houses for which they have quit Rents or other payments not unlike the Compositions for the Royal Pourveyance Or that the Steward of the Kings house should not if the Kings Pourveyance and Prae-emption had not been remitted by Act of Parliament have authority to do as much as the Steward of the Kings house did about the eighteenth year of the Raign of King Edward the second notwithstanding so great priviledges immunities and exemptions granted and confirmed to the City of London command that no Fishmonger upon pain of imprisonment and forfeiture of his goods and chattels should go out of the City to forestall any Sea or fresh fish or send them to any great Lord or Religious house or any person whatsoever nor keep from coming to Town untill the hour appointed for selling be past untill the Kings Achators or Pourveyers should have made their Pourveyance to the use of the King Or that the King of England whose Royal Ancestor King Richard the first did not onely give to many Religious houses as to the Priory of Royston in Cambridgeshire divers exemptions and priviledges to be free from Carriages c. but de Regalium domorum aedificatione ac omnimoda operatione of works towards the repair or building of the Kings houses Ac ut silvae eorum ad praedicta opera aut ad aliqua alia nullo modo capiantur that their Woods or Timber should not be cut or taken for that or any other purpose and whose other Royal Progenitors have abundantly furnished diverse Abbies Religious houses with priviledges to be free of Carriage by Carts Summage upon horses de Thesauro ducendo Convoy of the Kings Treasure de operationibus Castellorum Pontium Parcorum Murorum work to be done in the building or repairs of Castles Bridges or Walls de vaccarum solutione quae dari solebant pro Capitibus utlagatorum and the payment of certain Cows or Cattel to redeem the forfeitures of Outlaws and exemptions from payment of Fumage or Chimny money Lestage or licence to carry away from Markets what they had bought or in release or discharge of customes such as at Beleshale in
Warwickshire belonging to some Religious house where they were to Mow three dayes at the charge of the house three dayes to Plow and at the charge of the house to reap one day and to have a Wether Sheep or eight pence or twenty five loaves or peices of bread one of the best Cheeses in the house and a measure of Salt and if any horse Colt were foled upon the lands he was not to be sold without licence nor were any of the Tenants to marry a daughter without licence and by the custome of the Township of Berstanestone in Warwickshire horse Colts foled upon the land were not to be sold without licence for which a penny was to be paid nor any of their daughters to be married without licence c. which in divers old Charters and confirmations of our Kings and Princes do frequently occur may evidence that such or the like were once undeniable duties to their Kings and Benefactors and onely released in favor of those which were the owners and proprietors of the lands and priviledges and being now enjoyed were formerly regalities and rights inherent and vested in the Crown of England should retain no liberties or priviledges for himself And that the Quit Rents as they are now called taken by the owners and proprietors of some of the Abby and Religious Lands for Eleemosinae's or Alms-money given by Founders or other charitable persons many a sum of money formerly paid for Mortuaries Pardons Indulgences Pitances or Pourveyances and Oblations which are at this time kept on foot and received under the name and notion of Quit Rents might put them in mind how necessary it is for them to perform the duty of Pourveyance to the King being the heir and successor of many of those which gave them And how unbe●oming the duty of subjects pertaking the benefits thereof it would be that the King whose Royal Ancestors Saint Edward the King gave for ever to the Abby of St. Edmonds Bury the Mannor of Mildenhall in Suffolk to buy wheaten bread for the Monks to prevent their necessities of eating Barly bread which he perceived them to do when he came once to visit them King John gave for ever to the Abby of St. Albans and King Edward the first as many other Kings of England have done to other Monasteries and Religious houses gave and confirmed for ever to the Abby of St. Edmunds Bury divers Mannors Lands Tyths and yeerly Revenues of a very great yeerly Revenue to maintain their Hospitalities Pitances and Liu●●es of servants and for the relief of strangers and poor people coming thither should now have his own Hospitality and the means to support it taken from him And that if all the customes priviledges and Royalties as they are called which are now performed and willingly assented unto by Tenants and enjoyed by the Lords of other Mannors by the power and priviledges derived unto them from the King his Royal Progenitors were truely represented and brought to a publike view together with all the priviledges liberties exemptions and immunities granted unto the Cities Boroughs and Towns Corporate of England it might be wondered how they that enjoy so much so many liberties favours from the King his Royal Progenitors by grants or prescribed Indulgences should think there could be any reason to deny him those his most just necessary and ancient rights and liberties of Pourveyances or Compositions for them when at the same time they are so carefull to preserve and keep their own And it would be something more then unfitting that the King whose Royal Ancestors have allowed so many of his subjects those priviledges and liberties should be debarred from a greater right and legal liberty in his own case or when he should make his progress to Chester should be refused that priviledge more ancient then the Conquest of having of every Yard land two hundred Capons or Caponets a fat or stand of Beer and a certain quantity of Butter which as appears by the book of Domesday were by custome or Tenure to be provided for him and not enjoy as much liberty as Hugh Earl of Chester did when he could priviledge Nigell de haulton his Constable and his heirs Quod omnia quae ad praedicti Nigelli opus erant necessaria emant ministri sui ante omnes alios in Civitate Cestriae nisi praenominati Comitis ministri praevenerint sine cujuscunque contradictione that his servants should in the City of Chester without contradiction have a Prae-emption before any but the Earles servants and Officers or as the Abbot of Burgh who had a P●ae●emption in all necessaries concerning the Abby a priviledge to pay an half penny cheaper then others in every hundred of Herring or the Abbot of St. Albans who was by the Charter of King John to have a prae-emption for any of his provisions to be bought in London as well as any of the Kings Officers the Abbot of St. Edmonds Bury having a like priviledge for his Fodder Corn. That the King of England whose Royal Ancestor King Aethelstane was able to give to the Church of Beverlye quasdam avenas vulgariter dictas Hestcorn percipiendas de Dominiis Ecclesiis in illis partibus certain Oats commonly called Hestcorne to be taken out of his Demeasnes and the Churches in those parts which by the dissolution of the Religious houses are now probably claimed and enjoyed by Laymen and did in Anno Dom. 936. ex sua Regalitate by his Kingly authority saith the History of that Foundation give towards the Hospitality and relief of the poor coming to the Hospital of St. Peters or St. Leonards in York de qual bet Caruca Arante in Episcopatu Eboraci unam Travam bladi out of every yard land of errable in the Bishoprick of York one Thrave which is four and twenty sheaves of Corn Et ex consensu Incolarum Episcopatus Eboraci Rex habuit saith that Historian Travas praedictas sibi successoribus suis sic quod exterminaret lupos patriam devastantes and was ofterwards granted by the consent of the inhabitants upon condition that he would destroy the Wolves which wasted that Country Erat siquidem in Diocesi Eboracensi tanta adtunc multitudo luporum quod omnes fere villanorum bestias devorarunt for there were in that Diocess such a multitude of Wolves which King Aethelstane thereupon destroyed as they almost devoured all the Beastes and Cattel belonging to the Countrimen should now that the County and Bishoprick of York have in all the after ages and successions of our Kings not onely received of them many and greater benefits but have been by their many good Laws and Governments protected and defended from all manner of Wolves be denyed so small an observance or retribution as the Pourveyance or Compositions for them which were charged upon that County or Bishoprick did amount unto and at the same time do either not
sold Puertes secos or for goods or commodities carryed to be sold by Land a Tax upon Cards besides many Almoxariffadgo's laid upon the Towns and people a particular Tax upon Tunny Fish a third pa●t yeerly collected of the Rents and profits of all the Revenues belonging to every City and Town in the Kingdom every one having some appropriate unto them and of Fines and penalties imposed upon any quen●s therein Doth not do as the Emperor and German Princes do by their people and subjects who besides the Dranksteur Bierrecht Biersteur or Excise upon drink and their Schoorstein oder Caming gelt or Chimny money Frawlensteur certain quantities of Wine appropriate to the Prince those many Consuetudines quae praestantur in recognitionem Dominii directi Jurium Dominicalium Customes and services which are to be performed to the Emperors or chief Lords of whom they hold and their Laudemia's Leh●wahrs or Reliefs which if it be a Hahe Leh●wahr is of great men or Estates a Twentieth penny in Ecclesiastical Fees or Revenues two Dollers per cent and in the Kleine lehne wahr or small Estates or Revenues a sixteenth penny and over and above what is paid for Licences of Alienation or for lehn gel● for a Live●y or investiture into Lands Han●●ohn an Oblation for any thing written in a subjects favour by the Prince and Recht steur a payment of money towards the maintenance of the Courts of Justice do take Turkensteur a Tribute for war or defence against the Turks Krieg steur a Tax for the payment of souldiers Forst gelt Forrest money Mase gelt money paid for measures Malschwein for Swine Last gelt Ton money or gaging of vessels Pf●ug gelt a Tax upon every Plow B●lcken gelt Timber money Haupt vizh money for the head of every Beast Zehenden vam Fleisch wein corne Erbsen Tenths of Flesh Wine Corn and Herbs Hausen gelt a Tax upon houses Frey gelt money upon the making men to be free Schuck gelt Shoo money Brucken gelt Bridge money ●eg gelt way money or for passage Auf●nauch gelt or Auf●arth money paid in Cities and Towns for being chosen into any Office or Magistracy and Abefarth Abschusz Ablosung when one removeth his Family or houshold from one City or Town to another and is to pay a tenth of any goods sold upon such removals Toll or Foriscapium to be paid by the buyer over and above the price agreed to be paid to the seller Accisz upon all Commodities sold and spent and a Land steur Tribute upon Lands which is ex voluntate superioris ob necessitatem supervenientem variantur imposed for the other as aide against the Turks and for payment of souldiers are to be by publike assent ordained at their Diets or Parliaments it the pleasure of the Prince and varied according to occasions or necessities And so many other Taxes and payments for the publike saith B●soldus ut nominibus laboretur as there are scarce names enough for them so that as free and full of liberties as that Nation did heretofore suppose themselves to have been they do find by their Taxes and payments that the feathers which their Electors Dukes Margraues Counts Barons and Imperial Cities have e●ther taken by force gained by favor or purchased for money from the Imperial Roman Eagle which Crantzius and other good Authors do heavily complain of have but increased rather then eased the burdens of the common people Doth not as the King of the French who besides his Foüages or Chimney money which though they of Gulen did heretofore so little like of as they rebelled against our famous English Black Prince for imposing twelve pence upon every Chimney they believe in that and the other parts of France to be accustumez de toute Anciennete allowed by all Antiquity the services and profits Feodall le Paulet or a Tax of four Deniers upon every liuer or two shillings of the yeerly value of Offices profits of Prizes at Sea and of the Admiralty Tenths and first fruits payable by Ecclesiastical persons Escheates Ottroyes Licenses and Dons gratuits gifts or oblations and Regalities doth continue as perpetual a Tax called le Tailon imposed by King Henry the second in the year one thousand five hundred fourty nine to increase the Wages of the soldery in regard of the dearness of victuals and the burdens which the men at Arms or Gens d' armes did lay upon the Laborers and common people la Creüe or augmentation for the pay of the Army an Impost of the twentieth penny upon Wine sold in gross the eighth upon all in Normandy by retail and a Tax upon all drink now made a constant Revenue of the Crown a Tax upon every vessel of Wine which in the time of Julius Caesar had no Imposition or burden laid upon it carryed into Walled Towns or the Suburbs and to pay as much though it be transported from thence again before it be sold The Gabell upon Salt which being imposed by Philip the long with a Protestation that it should continue but a while and afterwards by Philip de Valois in the year one thousand three hundred twenty eight who declared that he intended not to incorporate it to the Royal Demeasnes being remitted by Charles the fifth in the year one thousand three hundred sixty nine is since made perpetual and annexed to the Royal Revenue and the King and his successors are become the only Merchants of Salt whereof every house is to take a certain proportion loaded with the Kings Taxe and Imposition upon it though it be more then he have occasion to expend the aequivalent or aequipollent which in Narbonne was granted for the abolition of an old Tax of the twentieth part of the price of all moveables sold by retail about the year one thousand four hundred and sixty and agreed to be paid by a Denier in every Liure not onely for all moveables but of Flesh and Fish sold by Retail and the sixtieth part of all the Wine bought to sell again and is paid in Au●erg●e for a liberty to buy their Salt where they please and to be exempt from the Tax and Imposition of buying it at the Kings Granaries or Salt Magazines being with Wine a great part of the natural commodities of the Country besides the other Impostes Entries or Customes to be paid in Towns or for Peages and passages by Land or Water la subsistance which in the Raign of King Henry the fourth and since have been leavyed pour faire subsister les soldats dans les quartiers d' hyver moyennant quoi on devoit estre exempt du logement de la Gens d' armes durant l' hyver to keep the souldiers in or to maintain them in their quarters all the Winter and to be exempt from the trouble of lodging them in their houses la solde d● 50 mille hommes a Tax for the wages of fifty thousand men first laid upon the Cities and Walled Towns
licencia an unbounded licence in the Magistrate to Tax the people and a licence to the people in stead of a liberty to Trade and coz●n one another makes them so patient to undergo those vectigali● ac Collationes aliaque servil●a onera Taxes payments and servil burdens which otherwise they would be unwilling to endure All or most of which being continued and lying heavy upon them upon pretences of debts incurred for the publike to be paid or otherwise have made such a dearth of all houshold provisions as that notwithstanding that their huge Granaries at Amsterdam are always stored with abundance of Corn to transport and sell to all other Nations and Kingdoms where they finde any scarcity or want of it a family of ten persons more then one half whereof have been young children have this last Winter amongst other Victuals as Flesh Fish Roots c. been inforced to spend 17 s. sterling in a week in ordinary and common bread and twelve shillings sterling within the same Circle of time for Turfe or Firing and the generality of the Nation are sinking so fast into a poverty as by an exact account taken thereof there have been this last year more then in any of the former years above eighty thousand Pawns brought into the publike Lumbard at Amsterdam and may teach them and all the world at last how great the difference will be betwixt a natural and hereditary Prince governing by the known Laws of a Nation and with less charges and that which is onely upheld by the power of money and Taxes to make and preserve an interest for those who are the only gainers by it Did not in any of his necessities as some of his predecessors Kings of England have done in theirs both before and since the Conquest continue and take the Tax of Dane gelt laid to expel that Nation out of England after they were quieted and returned home nor as many of the English Lords of divers Mannors have done and do to this day require and take of their Tenants Peter pence or Chimney money amounting in some Mannors to considerable summes though it was long since abolished by Act of Parliament and was not to be taken in that kind or for that purpose nor doth by wars or impositions impoverish his people as some of his neighbors have done or made them to complain as the common people of Normandy did not long ago that they were une uraye Anatomy de corps humain auquel ne reste plus que les os le Peau encore foulez like an Anatomy of a mans body which had nothing but bones and skin left upon it and that also foul enough but hath made them in the generality richer then himself and more abounding in plenty and riches then any Nation of Christendom And being the son and heir of the Crowns and Kingdoms as well as afflictions of his Royal Father King Charles the Martyr who in the Halcion and peaceable days of the former part of his Raign did so much abhor the mode or manner of an Arbitary Government as he did imprison in the Tower of London that Monarch of Letters and Learning the great Selden together with Mr. Oliver St. John for but having in their custody or divulging a Manuscript or discourse written by Sir Robert Dudley a titular Duke of Tuscany and an English Fugitive of the way and means how to make the King a great Revenue according to the manner of Gabels or Taxes in Italy borrowed by Mr. St. John out of Sr. Robert Cottons famous library where it had otherwise slept and caused his Attorney General to exhibit a Bill in the Star Chamber against the now Earl of Clare the said Mr. Selden and Mr. St. John for the publishing of it though but in Manuscript and was so far from any action desire or intention of a Tyrant as when he might like the Dairo or Emperor of Japan have wallowed in riches and pleasures and as a Minotaur have fed upon the liberties of the people if he would have but delivered up the Church of England and his subjects and their after generations as slaves to the Arbitrary will Government of a Rebellious part of the people calling themselves a Parliament he did on the contrary not only most constantly endure all the miseries dangers ignominies which they could cast upon him but rather then he would betray or give up their Religion Laws or liberties laid down his life as a sacrifice to preserve them and hav●ng before his death established our excellent Laws of Magna ●harta and made them stronger and more binding then ever they were before by confirming them and other their liberties and customs under the name and notion of their petition of Right and at the signing or ratification thereof used a saying or sentence deserving to be written in Letters of Gold which he called his Maxime and declared to be his own That the peoples liberty strengthens the Kings prerogative and that the Kings prerogative is to defend the peoples liberty did not for all those unparalelled sufferings and great Misusage of his Father and himself take any advantage of those that forfeited their interest in those excellent laws and liberties but pardoning all their transgressions restored them to all that they could but so much as pretend unto And notwithstanding that he and his Royal predecessors had quamplurimisdonis largitionibus by their very many favors and bounties to such as deserved well of the Commonwealth and had been instrumental in the preservation or promoting the good of it given away the most part of the Crown Lands and many of their Regalities doth not make an Aera●ium or Treasury of mony for himself or his own particular use out of his own revenues separate from that of the publike as Lewis the 12. of France did but doth with that very small part of his Lands which remaineth and his legal and undenyable rights and prerogatives without any Taxes or Impositions laid upon the people other then what is assented unto by themselves and their representatives in Parliament bear and support the burden and continual charges of the Government and affaires thereof Which should rouze and stir up the hearts and affections of his people of England and perswade them who have now and had before the Taxes raised to improve Rebellion fewer Taxes and impositions laid upon them then any Nation within the walk or perambulation of the Sun and are the freest and do enjoy more liberties immunities and priviledges then any people of the world not to deny or withhold from him and of his just Regalities rights and preheminences but think it to be more necessary for their good and well-being to permit him to enjoy his Prae-emption and Pourveyance or Compositions for them then that which many of our Acts of Parliament have done to enjoyn the repairs of Havens and Peers as was in the last Session of Parliament for the Peer