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lord_n daughter_n elder_a marry_v 10,918 5 9.6530 5 false
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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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he or his heirs did not unto the Lord or any of his Heirs of whom the Lands were holden his services within two years was upon a Cessavit per Biennium brought by the Lord and no sufficient distress to be found to forfeit the Lands so holden And from no other source or original was derived Escuage for the Tenants by Knight service not attending the King or their Lords in the wars which as Littleton saith was because the Law intendeth and understood it that the lands were at the first for that end freely given them whence also came the Aide to make the eldest Sonne of the King a Knight and to marry the eldest Daughter and the like assistances or duties unto the mesne Lords as gratefull acknowledgements for the Lands holden of them which the Freeholders in Socage are likewise not to deny and were not at the first by any Agreement betwixt the King and his particular Tenants nor likely to be betwixt the mesne Lords and their Tenants when the Lands were given them for that some of the mesne Lords might probably be without Sonne or Daughter or both or any hopes to have any when they gave their Lands and their Grants doe frequently mention pro homagio servicio in consideration only of homage and service to be done And being called auxilia sive adjutoria Aids or Assistances to their Lords who could not be then in any great want of such helps when the portions of Daughters were very much in vertue and little in mony and the charges of making the eldest Son a Knight the King in those dayes bestowing upon all or many of them some costly Furres Robes and the other charges consisting in the no great expences of the furnishing out the young Gentleman to receive the then more martial better used and better esteemed honour of Knighthood were reckoned by Bracton in the later end of the Reign of King Henry the third inter consuetudines quae serviciae non dicuntur nec concomitantia serviciorum sicut sunt rationabilia auxilia amongst those customes which are not understood to be services nor incidents thereof if they be reasonable But were de gratia ut Domini necessitas secundum quod major esset vel minor relevium acciperet and proceeded from the good will of the Tenants to help their Lords as their occasions or necessities should require Et apud exteros saith Sir Henry Spelman non solum ad collocandas sorores in matrimonium sed ad fratres etiam Juniores milites faciendos And with some forreign Nations as the Germans old Sicilians and Neapolitans not only towards the marriage of the Sisters of their Lords but to make also their younger Sons Knights For the good will and gratefull retorns of the Subjects to their Kings and Princes and of the Tenants to their Lords were not only since the Norman Conquest but long before practised and approved by the Britains the elder and most antient Inhabitants of this our Island and other world as is manifest by the Ebidiu or Tributum paid per Nobilium haeredes Capitali provinciae domino the Heirs of the Nobility or great men after the death of their Ancestors to the Lords or chief of the Province like unto as Sir Henry Spelman saith our relief which Hottoman termeth Honorarium a free gift or offering And that learned Knight found upon diligent enquiry amongst the Welch who by the sins of their forefathers and injury of the Saxons are now contented to be called by that name as Strangers in that which was their own Country that that Ebidiu was paid at a great rate non solum è praediis Laicis sed etiam Ecclesiasticis not only by the Laity but the Church-men And being not discontinued amongst the Saxons was besides the payment of Reliefs attended with other gifts and acknowledgements of superiority as well as thanks for Gervasius Tilburiensis in the Reign of King Henry the second when the people of England had not been so blessed and obliged as they were afterwards with the numberless Gifts Grants and Liberties which in the successive Reigns of seventeen Kings and Queens after preceding our now King and Soveraign were heaped upon them found oblata presents gifts or offerings to the King to be a well approved Custome and therefore distinguished them into quaedam in rem quaedam in spem some before hand for hopes of future favours and others for liberties or other things given and granted by the King and the Fine Rolles of King John and Henry the third his Son will shew us very many Oblata's or Free-will Offerings of several kinds which were so greatly valued and heeded as King Henry the third and his Barons in or about the 23 year of his Reign which was thirteen or fourteen years after his confirming of Magna Charta did in the bitter prosecution and charge of Hubert de Burgo Earl of Kent and chief Justice of England demand an Accompt de donis xeniis of gifts and presents amongst which Carucagii or carriages were numbred spectantibus ad Coronam appertaining to the Crown And upon that and no other ground were those reasonable Lawes or Customes founded that the King might by the Laws of England grant a Corody which Sir Henry Spelman ex constitut Sicul. lib. 3. Tit. 18. defineth to be quicquid obsonii superiori in subsidium penditur provisions of victuals made for superiors Et ad fundatores Monasteriorum and to the Founders of every Monastry though by the Constitutions of Othobon the Popes Legat in the Reign of King Henry the third the Religious of those houses were forbidden to grant or suffer any to be granted or allowed è communi jure spectabat corrodium in quovis suae fundationis monasterio nisi in libera Eleemosina fundaretur it belonged of common right to grant a Corrody in any Religious houses of their foundation if not founded in Franke Almoigne disposuit item Rex in beneficium famulurom suorum corrodium c. likewise the King might grant to any of his houshold servants a Corrody in any houses of the foundation of the Kings of England and as many were in all by them granted as one hundred and eleaven which that learned Knight conceived to be an argument that so many of the Monasteries were of their foundation Et issint de common droit saith the learned Judge Fitzherbert in his Natura Brevium and also of Common Right the King ought to have a reasonable Pension out of every Bishoprick in England and Wales for his Chaplain untill the Bishop should promote him to a fitting Benefice Which if the compositions for Pourveyances being reduced into contracts and a lawfull custome were or should be no other then gratitudes may be as commendable and necessary as those well approved Examples of thankfulness recorded in holy writ of Abrahams giving King Abimelech Sheep and Oxen
the Messias be come and not finding him as they supposed to be come the King returns riding upon that Elephant which he prepared for the Messias to ride upon And untill those daily growing and dangerous Evils and sins of pride and luxu●y which have undone the greatest of Empires and Kingdoms ruined the Brittaines by the Saxons and the Saxons by the Danes and Normans shall be curbed and redressed there needs no petition to be made for an assent or subscription to this known and sadly experimented truth That there is a great want of money and it is not any plenty of money which makes such an enhaunce of the rates and prices of houshold provisions and of all other things to be bought or sold but our pride begetting an ungodly selfishness and pride and self interest begetting all manner of cheating to maintain them which have brought those evils of evils upon us and made those miseries wants are so every where complained of and have destroyed all honesty friendship obedience and taught the people by such wicked necessities and imitating one anothers good success by their evil actions to run over all Laws and penalties that can be threatned or laid in the way and that the King having no Elixir or means to transmute all the mettals in this Kingdom to an infinitum of Gold and Silver to furnish the vanity of the peoples expences there must in so universal a prodigality and profusion as is in the Nation be●yond the reach and compass of the peoples means and estates when a Bricklayer must wear silk Stockings and his wife a Whisk of four pounds p●ice and an Alewoman if she hath turned up the D●vel Trump and be but a little beforehand will think her self not well apparelled if her Gowns be not of silk or bedaubed with Gold or Silver Lace every ordinary mans house must be furnished with one peece of plate if not many more the weighty Silver money be melted down into Plate and all or a great part of the Bullion and Foraign coyns exported as soon as they are imported needs be a want of money and that when Kit or Christopher Woodroofe a rich Citizens son in the later end of the Raign of Queen Elizabeth marrying the daughter of a great Lord of this Kingdom which wore a Silver Legg in stead of a better which had been cut off to prevent a greater mischief by a Gangreen had a mad and strange custome to throw his shillings upon the Thames to make them in the language of the Boys to dive and leap as Ducks and Draks it was no marvail that he was many times when he wanted money necessitated to steal his wives silver Legg in a morning before she was up and pawn it And that the Tyranny and Tricks of Trade oppression of the Markets and the arbitrary power which the people take to impose high and unreasonable rates and prices one upon another which exceeds most of the evils imaginable in a time of peace do make a great addition to the poverty of the Nation too many of whom do make their own burdens and complain of them when they have done and may be eased themselves if they would but ease others And that as the people of Florence do more cheerfully endure those many great Taxes and Burdens which the grand Duke imposeth upon them because by a Banda or rule for the rates and prices of victuals and houshold provisions so as those which are sent to buy cannot be cheated or injuried they enjoy such a cheapness as makes them a recompence the people of England would not take their Taxes and Assessements for the publike to be much or any great burden if by reducing the Market prices and rates to a reiglement intended by our Laws they might not so much cozen and oppress one another but be the better enabled to live cheapely and to pay them CHAP. VIII That it is the interest of the people of England to revive again the Ancient and legal usage of his Majesties just rights of Praeemption and Pourveyance or Compositions for them ANd now that the lines from all the parts of the Circumference of this discourse concerning the lawfulness and necessity of the Royal Praeemption and Pourveyance or Compositions for them are met in the center or conclusion of it every man that is not over Byassed by his own conceit or prejudice or carryed into an obstinacy or uningenious resolution not to alter his opinion or obey so great a truth because he once thought or said or declared otherwise will I hope be so far perswaded by the light and rules of right reason as to understand that Praeemption which is founded upon the Laws of Nature and Nations hath been as ancient a custome in the world as that of Civility and good manners and lived here in England the age of Methusalah is an ancient and undoubted right of the Kings and that the Royal Pourveyance or respects to be paid in that particular from subjects to their Kings and Princes for the supportation of their honor may well deserve an approbation when the Laws of God and the Laws of men and the Civil Common and Canon Laws have not denyed it And the Laws and customs of Nations have made it as common and necessary as the use of houses fire and water and Arms for offence and defence uncovering or bowing of the head in sign of reverence wearing of Shoos or Sandals for the defence or safe-guard of the Feet or any thing else which hath met with a customary and universal approbation and have so prevailed with most of the rational inhabitants of the world as the people of Japan who howsoever they be averse to many of the customes of other Nations as to delight to have their Teeth●black when others do desire to have them white mount their horses on the right side when as we and many other Nations do on the left do not as we do uncover their heads in saluting each other but onely untie some part of their Shoos or Sandals nor do arise to any which do come to salute them but sit down are notwithstanding unwilling to come behind other Nations in the duty of Pourveyance and honor of their Prince which may induce us to subscribe to that common principle of Nature and Nations that there is and will be a necessity of the Royal Prae emption and Pourveyance or Compositions for them and that there is a noble use of them Nor to think it burdensome when as what the Country looseth by their Compositions or serving in the Kings provisions after his rates or by his Cart takings do not every yeer one with another amount unto so much as the Papal impositions which before the raign of King Edward the sixth were Annually laid upon their fortunes and estates or drawn beyond the Alpes by Romes artifices Or that it is the duty which every man owes to God and his King and Country and the good