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land_n hold_v lord_n manor_n 3,946 5 10.1291 5 true
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A54689 The mistaken recompense, or, The great damage and very many mischiefs and inconveniences which will inevitably happen to the King and his people by the taking away of the King's præemption and pourveyance or compositions for them by Fabian Phillipps, Esquire. Philipps, Fabian, 1601-1690. 1664 (1664) Wing P2011; ESTC R36674 82,806 136

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his Crown Lands turned from small and easie old-fashion'd Reserved Rents upon Leases for Lives or years into Estates of Inheritance and very many Liberties as Fishings Free-Warrens Court-Leets Court-Barons Eschetes Felons Fugitives and Outlaws Goods Deodands Forfeitures Waiss Estraies Fines Amerciaments retorn and execution of Writs and in some Manors a liberty of receiving to their own use Fines for licenses of concord or agreement upon the making of Conveyances and Post-Fines upon Fines leavied in the Kings Courts Profits of the year day and wast and all Fines Issues Amerciaments returned set or imposed upon any of their Tenants in any of the Kings Courts or by any Justices of Assize or of the Peace With many other Franchises Liberties and Participations of his Regality which they do now enjoy tanquam Reguli as little Kings in their several Estates and Dominions in many of them more by claim and prescription allowed by the favour and indulgence of the King and his Royal Progenitors and Predecessors Kings and Queens of of this Nation unto them and their Posterities then by any any Grants they can shew for it very much exceeding in yearly profit and con●ent the small charges which they have used to have been at for the Pourveyance or Provisions for the Kings Houshold Take his Fee-farme Rents which do amount unto above threescore thousand pounds per annum but according to their first and primitive small reservation though the Lands thereof be now improved and raised in some a ten and in others a twelve to one mo●e then they were then accompted to be either in the intentions of the Donors or Donees and many other his Fee-Farmes of some casuall Profits and Revenues granted to Cities and Corporations which do now ten to one exceed what they were when they were first granted Grant and confirme to the Vulgus or Common people many great immunities and Priviledges as Assart Lands and permit them to enjoy in his own Lands and Revenue large Common of Pasture and Common of Estovers and Turbary in his Forrests and Chaces and protect from oppression in that which are holden of their Mesne Lords their Copihold Lands Customes and Estates which being at first but temporarily permitted and allowed patientia charitate in quoddam jus transierunt are now by an accustomed and continued charity taken to be a kind of Tenant Right and Inheritance Grants and permits many Charters of Liberties Privileges and Freedoms to the Cities Boroughs and Towns Corporate of England and Wales and to the Lord Mayor and Commonalty of London all Issues Fines and Amerciaments ret●rned and imposed upon them in any of the Kings Cours freedome from payment of Tolls and Lastage in their way of an universall and diffused Trade in all places of England and for a small Fee Farme Rent of Fifty pounds per annum for the Kings Tolls at Queen-Hithe Billingsgate and other places in the City of London accepted in the Reign of King Henry the Third suffers them to have and receive in specie or mony towards their own Pourveyance as much as would goe a good way in his Allows the Tenants in antient Demesn their Exemptions from the payment of Toll for their Houshold Provisions which in the opinion of Sir Edward Coke was at the first in regard of their helping to furnish the Kings houshold Provisions and suffers the Universities of Oxford and Cambridge and the Colleges and Halls therein Colleges of Winchester and Eaton and the Re●ients in the Cinque Ports and Rumney Marsh to enjoy a Freedom from Subsidies Who together with all the people of England may by the Accompt of benefits received by and from him and his Royall Progenitors and Predecessors know better how to value them if they had not received them and if he should but retire himself into himself and withdraw his bounties from us Or take his Customes and Imposts inward and outward Reliefs Ayds Subsidies Fifteens Tenths and First-fruits Profits of his Seals P●ae-fines Post-fines Licences and Pardons for alienation of Lands Fines upon Fo●medons and reall Actions at the full value and rate which the Law will allow and the rise of money might perswade him unto or take all occasions to invade or clip the peoples Liberties and Privileges as they do his Or seise and take advantage of the forfeitures of our sufficiently misused Fairs and Markets which without the many inconveniences of Barrage Billets peages or Tolls taken at many places as they pass thither as the people of France and our Fashion makers are tormented with do yield and save the people yearly in that which otherwise would be lost some hundred of thousands pounds per annum or should withdraw his favours and countenance from the Trade which our Merchants have into forreign Parts since the Reign of Queen Mary by the benefits and blessings of the Leagues and Alliances of him his Royall Progenitors made with forreign Princes continued with a great yearly charge of Embassadours Ordinary and Extraordinary sent and received and render it to be no no more then it was in the beginning of the Reign of Queen Elizabeth when the difference of the gain of forreign Trade and Merchandize betwixt the little which was then and that which is now by reason of the East-Indie Turkie Muscovie Ligorne and East-land Trades and our many flourishing American Plantations would appear to be some millions sterling money in a year And were notwithstanding never so gratefull to our King for it as the English Merchants of Calais were whilst King Edward the Third caused the Staple of Wool to be kept there who so ordered the matter as the King spent nothing upon Souldiers in defence of the Town which was wont to cost him eight thousand pounds per annum and the Mayor of that Town could in Anno 51 of the Reign of that King furnish the Captain of the Town upon any Rode to be made with one hundred Bill-men and two hundred Archers of Merchants and their Servants without any wages Or if the Peoples Liberties acquired by the munificence and Indulgence of our Kings since the making and confirming of our Magna Charta in the ninth year of the Reign of King Henry the Third now 437 years ago when they took it to be for their good as well as the Kings to give him a Fifteenth part of all their Moveables not by a conniving and unequall but a more real and impartiall Taxation in recompence and as a thankfull Retribution for their Liberties then granted and confirmed which are now as many again or do farre ex●ed them were bu● justly value● or if the benefits accrewed unto forreign Merchants or those of our own Nation by the Char●a Mercatoria granted by King Edward the First in the 31 year of his Reign to the Me●chants Strangers and confirmed by Act of Pa●liament in Anno 27 Ed. 3. for the releasing of an antient Custome and Duty to the Kings
to reckon it to his Landlord and demand an allowance for it The Counties and Places which did pay most towards the furnishing of the Kings Household provisions being those which abound most with them and were the greatest gainers by their neighbourhood to the constant residence of the King and his Courts of Justice And those which were more remote had but little charged upon them as all the 13 Shires of Wales but three hundred sixty pounds per annum Herefordshire One hundred eighty pounds per annum and that large County of York as big as three others but four hundred ninty five pounds per annum And may tell us how irrationall and uneven it will be for the people of England to rank with or above the care of their souls and Religion their endeavours to preserve their Liberties Customes and Privileges some of which are hard and severe enough as the forfeiture of the Widows Estates for life in their deceased Husbands Copyhold Estates of Inheritance for marrying a second Husband unless they shall come into the Court Baron of the Lord of the Manor riding upon a Black Ram and acknowledge such a fault committed or the custome of the Manor of Balshale in the County of Warwick where the Lord of the Manor was to divide the Goods and personall Estate of the deceased with his Wife and Children the custome of the Manor of Brails in the same County not to marry their Daughters or to make their Sons Priests without licence of the Lord of the Manor or of the Manor of Brede in the County of Sussex where the Widows are not to be endowed or have dower of any of the Lands of their first Husband if they shall marry again The custome of some Manors that the Copiholder shall not sell his Lands unto a Stranger untill he shall have first offered it unto the next of Kin or Neighbour ab oriente solis dwelling on the East side of him who giving as much as others would do for it are to have it or where the Copiholder is to give his Lord a certain summe of money towards his charges in the time of Warre or to forfeit his land if summoned unto the Lords Court doth wilfully make default or that the Lord or Lady of the Manor of Coveny in the County of Cambridge should have for every Fornication or Adultery committed in the Manor a Lecherwyte or penalty of 5 s. and 2 d. for selling a Hog without licence of the Lord of that Manor and five shillings for a Licence for any one of the Tenants Daughters to be married And yet do all they can to infringe and abolish those iust ancient and legall Rights and Privileges of the Kings which should protect and defend them and theirs and being rationabilia legitimè praescripta most reasonably and lawfully prescribed ought to be inviolabilia quia nec divino juri nec legibus naturae Gentium sive municipalibus contradicunt inviolable when they contradict not the Laws of God Nature and Nations and the Laws of the Land as if all that is to be found in our Laws and reasonable Customes should be only to protect the peoples Rights and Liberties and the inferiour Members of the Body Politique and to diminish and abrogate that of the Kings the superiour more noble and therefore the more to be respected or as if the power of a Prince should be the better when it is weakest a blind or decrepit pennyless Captain or Generall more usefull for their Warres then a Sampson a David or a Solomon as full of Riches as W●sdome and a Wooden Sword more for that purpose then one of Iron and Steel or that of Goliah How unjust as well as unreasonable it would be for the People of England to rack and raise the Rents and rates of their Lands and Commodities increase their own Revenues and prices of victuals and houshold provisions five or six to one more then it was when the Compositions for the Pourveyance was agreed upon in the third or fourth year of the Reign of Queen Elizabeth and lay the burden thereof only upon the King make him to be as an Amorite or Stranger in our Israel and his own dominions paying an enhaunced and oppressing Rate and Interest for food and provisions for himself and his houshold and to receive his rents and other monies due unto him after the old rate and buy at the new take little more then four pence instead of a shilling in every summe which is paid him and pay twelve pence for every groats worth which he hath occasion to buy and drive or inforce him by buying all by the penny and being left to the mercy of the Sellers to such a prejudiciall necessity or custome as would certainly undoe and ruine all the Nobility Gentry Clergy Tradesmen Mechanicks and People of England if they should but imitate him And would without the help of our S●●taries or Levellers have ere now destroyed and ruined the two famous Universities of Oxford and Cambridge those great Lights and Fountains of Learning in our Nation and have brought their Towring Colledges Halls and glorious Buildings into their Rubbidge or little more then a story to talk of as Travellers sometimes do of the heretofore University or Publique School of Stamford if the Act of Parliament in 18 Eliz had not better provided for them and ordained that a third part of the rents of the Lands belonging unto them should be for ever reserved and paid in Corn Malt and other Provisions at their election Or now to deny it him when as if he or his Father or Royall Progenitors could have foreseen any dislike or complaining of such an ancient and unquestionable Right of the Crown he or they might by a restraint of their Bounties and Indulgencies have made themselves not only savers but gainers by it or reserved more then that in their multituds of Grants and Fee-Farme Rents And did never as Cromwell that dissembling and devouring Hiena or Wolfe of the Evening dig or teare up by the roots as many of our Laws and Liberties as he could upon a pretence of defending and protecting them call our Magna Charta in the worst Latin that ever Brewer or Englishman spake Magna Fartae imprison the Lawyers that pleaded for the Peoples liberties and was so little sensible of their being tired or impoverished with Taxes as he could when he was lieutenant Generall of the Army of Reforming Harpies give some Gentlemen of the County of Bedford who complained of their heavy burdens and the poverty of that County no better an answer or ease then that he would never believe they were unable to pay Taxes as long as they could whistle when they did drive their Plows and Carts Nor did after the horrid Murder of his Father and his own Exile and sufferings by an almost twenty years Rebellion of the greatest part of his Subjects grown rich with the plunder and spoyl of