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

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dayes often committed oppression by a tyranny of the rich over the poor and needy and to keep the Wolves from their morning and evening preys and rejoycing in the spoil of the widdows and fatherless the hungry and necessitous which by a cheating and blinding of their consciences they will whether the Laws of God and man will or no suppose to be lawfull because it is their Trade and the misteries of it or because their Fathers or their Masters did it before them every one else doth it and every man must live and make use of their time labour calling or opportunities The people of this Kingdom being so universally endamaged by the evils happening by them and concerned and like to be benefitted by the remedies may as those of Spain Florence and other forreign Countries who in bearing some burdens and Taxes laid upon them are many times rather gainers then losers by the benefit of a Bands or rule of rating Butchers and many other Commodities to be bought or sold so as children cannot be cozened Be very willing that their representatives in Parliament shall consent That upon every Tun of wine French Spanish and Rhenish to be vented in England there be by the first buyer forty shillings per Tunne paid to his Majesty his Heirs and Successors and accounted for half yearly in the Court of Exchequer That instead of an Excise upon Ale Beer Perry and Sider every one that shall in a publick Alehouse sell Ale Beer Perry or Sider shall yearly pay to the King his Heirs and Successors forty shillings per annum and every publick Brewer twenty pounds per annum and a further rate proportionable to the quantities of their Brewings And that to restore this antient Monarchy and heretofore famous and flourishing Kingdome to its former honour safety and defence and an ease from the charge of mercenary Armies and Guards and to prevent the great and many dangers and inconveniencies which may happen thereby as also to fatherless Children by Guardianships and breaches of trust his Majesty and his Heirs and Successors may have and enjoy his and their antient rights of Tenures in Capite and by Knight Service and all mesne Lords their Heirs their Tenures by Knight Service with all incidents thereunto belonging allowing unto every one holding of the King by those Tenures the liberty of being freed from the marriage of his Heir to be compounded for by yearly paying unto the King into the Exchequer or into the Court of Wards next after his age of one and twenty years and livery sued forth the sum of twenty pounds per annum rent for every Knights Fee which he shall hold or proportionably according to the partes thereof 1. That in the granting of Wardships to the Mother or next friends according to the Instructions of King James with those reasonable cares and considerations of debts and younger children used by the Court of Wards and Liveries the marriages of the Wards and Rents of their Lands during all the time of their minorities computed together be never above one years improved value which will be but the half of that which is now accompted to be a reasonable Fine and is frequently paid by many Copihold Tenants whose Fines are certain 2. That the Archbishop of Canterbury and Bishop of Durham who by antient exemptions and priviledge are to have the wardships of Tenants holding of them by Knight service in their minorities though they hold other Lands in Capite and by Knight service of the King may be ordained to doe the like favours 3. That all that hold in Capite and by Knight service be according to their antient liberties and rights granted by the Charter of King Henry the first freed as in reason they ought from all Assessments of their demeasn Lands touching warre 4. That Primer Seisins be taken away of such kind of Tenures and no more paid 5. That the Lands holden in Socage or of any other mesne Lords in case of minority of any in ward to the King by reason of Tenure in Capite or pour cause de gard being taken into consideration only as to the Fine for the marriage may not be put under any Rent or Lease to be made by the Court of Wards but freed as they were frequently and antiently by Writs sent to the Escheators 6. That the King in recompence thereof may have and receive of every Duke or Earl dying seized of any Lands or Hereditaments in Capite and by Knight service two hundred pounds of every Marquess Viscount and Baron two hundred marks and of every one that holdeth by a Knights Fee twenty pounds for a Relief or proportionably according to the quantity of the Fee which he holdeth 7. That incroachments and wast grounds holden in Capite and by Knight Service may be no cause of wardship or paying any other duties incident to that Tenure if it shall upon the first proof and notice be relinquished 8. That only Escuage and Service of warre except in the aforesaid cases of the Archbishop of Canterbury and Bishop of Durham and all other incidents except Wardships due by their Tenants which hold of them by Knight service be restored to mesne Lords and that the Reliefs of five pounds for a whole Knights Fee or proportionably according to the quantity of Lands of that kind of Fee holden shall be after the death of every such Tenant twenty pounds 9. That to lessen the charges of Escheators and Juries for every single Office or Inquisition to be found or taken after the death of every tenant in Capite and by Knight Service the time of petitioning within a moneth after the death of the Ancestor may be enlarged to three moneths and the Shire Town City or principall place of every County be appointed with certain dayes or times for the finding of Offices to the end that one and the same Meeting and one and the same Jury with one and the same charge or by a contribution of all parties concerned may give a dispatch thereunto 10. That in case of neglecting to petition within three moneths after the death of the Tenant in Capite and by Knight Service or otherwise concealing any Wardships or not suing out of Livery if upon information brought issue joyned and witnesses examined or any time before Hearing or Tryall of the Cause the party offending or concerned shall pay the Prosecutor his double costs and satisfie the King the mesne rates he shall be admitted to compound 11. That the unnecessary Bonds formerly taken in the Court of Wards at two shillings six pence or three shillings charge upon suing out of every Diem clausit extremum or Writ to find an Office obliging the Prosecutor thereunto may be no more taken when as the time limited for petitioning to compound for Wardships and the danger of not doing of it will be engagement sufficient 12. That Grants Leases and Decrees of the Court of Wards may not to the great
the Clergy and three entire Subsidies and three Fifteenths and tenths and three hundred and fifty thousand pounds for Subsidies unpaid to Queen Elizabeth Anno 7. an Ayd to make his Son Prince Henry a Knight Anno 18. two Subsidies of the Laity and three of the Crergy Anno 21. three Subsidies and three fifteens of the Temporalty and some Subsidies of the Clergy Primo Car. primi three entire Subsides by the Spiritualty 3. Car. five entire Subsidies granted by the Spiritualty and as many by the Temporalty great sums of money raised by Ship-money and by an Act of Parliament for Poll-money pawning all his Jewels and the benefit for some years of Coynage of two hundred thousand pounds of Spanish Bullion and returning the value in English Commodities All which being great supplies and easements to the charges and burdens of our severall and successive Kings and Princes and were not without some charge in the collection would have been much greater if the people of England keeping close to a long custome of not only getting all that they can from their Kings and Common Parents but returning as little as they could of their Aydes or Thanks unto them would have permitted them to arrive to a just or true valuation or any more then a small part of what they should be content to rate one another at having by an Act of Parliament in 6. Ed. 3. obtained of the King that from henceforth all Aydes should be taxed after the old manner and not otherwise the Subsidies being most commonly rated but at two shillings eight pence in the pound for goods and four shillings in the pound for lands with consideration of debts and other diminishing circumstances and put in the Ballance and compared with that which was given to the people by the Confirmations of divers Kings and Queens of Letters Patents and Lands given therein Coronation Pardons the General Pardons of 21 Jac. those in the Reign of Queen Elizabeth and of some of our later Kings and Princes for in the Reigns of many of the former they were not so frequent general or usuall The Act of Parliament of 21 Jacobi Regis for debarring the Kings Title to concealed Lands after sixty years possession where nothing within that time had been answered or paid to the Crown or was in super and the last all-surpassing Act of Indemnity and General Pardon granted by King Charles the second would be farre surmounted by those and many other beneficiall Acts of Parliament granted in every King and Princes reign of liberties and benefits to the people And were not enough or sufficient to repair the decayes of the Regal Revenues or keep them from a consumption occasioned by their vast charges of our Kings as well in times of warre as peace to keep their people in safety peace and plenty nor to cure the Revenue of a Hecticque Fever of almost 500 years continuance though some of our Kings and Princes took some parts of Trade into their own hands to supply their necessities as the Wool by King Ed. 1. Tinne by Ed. 3. that and corn by Hen. 6. and Beer transported by Queen Elizabeth and notwithstanding the care and provision of divers Parliaments to have the Crown Lands not alien'd or wasted and the care of the Laws of England that the grants of the King shall be void where he is deceived or not truly informed The Ordinance in the 21 of Richard the second that whatsoever should come to the King by Judgment Escheat Wardship or any otherwayes should not be given away That of primo King H. 4. ca. 6. that in a Petition to the King for Lands Offices or any Gift the value thereof shall be mentioned and of that also which they have had of the Kings gift or of other his Pregenitors or Predecessors before and in case it be not their Grants shall be void and repealed the Ordinance of 21 R. 2. that the Procurer of any gift should be punished continued untill 7 H. 4. untill the King should be out of debt under penalty of forfeiting the double value for moving or procuring any such suit The Statute of 4 of H. 4. cap. 4. that the King grant no Lands or other Commodities but to such as shall deserve them and if any make demand without desert he shall be punished by the Councell and not obtain his suit In 11 Hen. 4 That Petitions for any such Grants delivered to the King be examined by his Privy Councell lest the Kings wants should light upon the Commons and in 2 H. 6. That all the profits by Wards Marriages Reliefs Escheats and Forfeitures should be expended in helping to defray the charges of the Kings Houshold an account of the Kings Revenue in 1. Hen. 6. in England Ireland Wales and Aquitaine and of his charges and expences delivered into Parliament by Ralph Lord Cromwell Lord Treasurer of England and the Dukes of Bedford and Gloucester and divers of the Lords of the Kings Councell appointed to consider thereof the Acts of Parliament in 18 and 43 Eliz. That the Queen should be answered for the overplus of the value of Lands granted by her Letters Patents after the rate of threescore years purchase The abating in several Kings Reigns the expences of Houshold and of their Retinue Favourites Gifts and Rewards and lessening of charges in Warre by Tenures in Capite and Knight Service Aydes to make their eldest Sonnes Knights and for the marriage of their eldest Daughters Profit of Annum diem vastum Aides and Assistances by Grand and Petit Serjeanties Aurum Reginae or something presented to the Queen in former Kings Reigns upon Grants of Lands or Estate Licences to Trade with prohibited Merchandize raising their Customes and sometimes farming out their Ships Fines upon licences of Alienation or Pardons Espargne of the Royall Revenue by the Marriages of the Heirs of the Nobility and Gentry of great Estates and transplanting and inoculating of great and Noble Families and Estates into one another not only for their good and advancement but the peace and welfare of the Kingdome and the checque which King James gave to suits and importunities at Court after that he had given away too much of his English Crown Lands to his craving Countreymen of Scotland publickly declaring what kind of Suits or Requests might be demanded of him and what he would not grant his orders to have once in every quarter of a year Certificates or Accounts of moneys issued for his Houshold Wardrobe Jewel-house Chamber Navie and Stables and his care and advice with his Privie Councel for supplies of his Revenues and regulating his expences for that the Exitus was every year by affairs troubles and cares of State disturbances and accidents often happening a great deal more then the Introitus the disbursements farre exceeding the incomes the ordinary receipts coming farre short of the ordinary disbursements and the extraordinaries very much out-going the ordinaries CHAP. III. Ruine and Decay