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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
Praeemption Pourveyance or Compositions for it when it concerns him so much and so nearly in his honour and the daily bread and sustenance of himself and his Royal Family when he expendeth for want of his Pourveyances or compositions for them yearly more then he did when he enjoyed them as may appear by a just accompt and calculation lately made by his Majesties special command no less then seventy three thousand six hundred seaven pounds fourteen shillings and seaven pence in his Houshold and Stable provisions besides the extraordinaries of Carriages for his Navy Provisions and Ammunition and what would have been added unto it if he had as other Kings or Princes gone his Sommer Progress when the want of it is so unbecomming a King and the aspect of it when he had it was in CHAP. IV. The right use of the Praeemption and Pourveyance and Compositions for them SO lovely and very well imployed and canont by rules of truth reason and understanding be gainsaid by the most disffaected and worst of Subjects when they shall but please to take into their consideration That the magnificence and bounty of a King in his house and the method and manner used therein is no small part of the increase continuance and support of his power reverence honor and awe which are so necessary and essentiall to the good and well-being of a King and his People as they cannot be wanted but are and should be the adjuncts and concomitants of the Royall or Princely dignity and like Hypocrates Twins subsist in one another which the wisdome of the Antients as well as modern and all Nations and People under the Sun and even the naked wild and savage part of them have by a Jure Gentium and eternall Law of Nature derived from divine instinct allowance and patern in the infancy of the world and through all the times and ages of it so well approved as they could never think fit to lay aside or disuse the practise of it for it cannot be by any rule of reason supposed that the fifth Commandement being at the Creation of mankind after Gods own Image written in the heart of him and all his after Generations and justly accompted to be comprehended in those Precepts of the Law of Nature and the righteous Noah with which the world was blessed as well before the flood as afterwards and before the Children of Israel had received the Decalogue or ten Commandements in the dread and astonishment of Gods appearance to Moses in Mount Sinai there was not a distinction at the first and all along holden and kept betwixt Parents and Children and Kings or common Parents and their Subjects in the fear and reverence of Children to Parents and of Subjects to their Kings and Soveraigns when as Noah though preaching to the old world in vain and to no purpose as they made it was so mighty a man and so well beloved and observed as he could by Gods direction cause to be brought into the Ark two of every sort of the species of all irrationall living creatures in order to their preservation for the Generations which were to survive the threatned deluge which without some more then ordinary extent of power could not be compassed by him if he had been but an ordinary man or but one of the common people who hearkened not unto his preaching and had no better an opinion of his Ark or Floating-house then as a Dilirium or his too much adoring the Images of his own phantasie Pharaoh King of Egypt having those requisites and decorums which the Kings and Princes of those early dayes had appertaining to their Royall super-eminence and dignities could upon Josephs extraordinary deserts array him in fine linnen and silks put a gold chain about his neck make him to ride in his second Charriot and cause a Cry or Proclamation to be made before him that every man should bow the knee David that was but the Sonne of Jesse the Bethlemite and once a Keeper of his Fathers few sheep as his envying brother told him in the Wilderness or Common and was taken as God himself said from the Sheep-coat would not when he came to be King omit the dues and regalities which belonged unto Kings though he could in a gratefull acknowledgment say unto God Who am I O Lord God and what is my house that thou hast brought me hither but could think it comely and fitting for him as a King to dwell in a house of Cedars And King Solomon his Son who expending 7 years in the building of the Temple and House of God was thirteen years in building of his own house and another magnificent and stately house of the Forrest of Lebanon and another for the Queen his Wife which was the Daughter of Pharaoh had 300 shields of beaten gold three pound to every shield put into his house of the Forrest his sumptuous Throne of Ivory over-laid with the best gold the like whereof was not in any Kingdome drinking vessels and all the vessels of Gold in that house and kept that state and order in his Tables in the sitting of his servants at meat the attendance of his Ministers and their Apparrel and his Cup-bearers as the Queen of Sheba coming unto him with a very great Train was so much astonished thereat and the house that he had built as there was no more spirit in her and confessed that what she had seen with her own eyes was more by half then what was told her in her own Land All which being allowed by God as necessary honors for Kings conservations of respects and allurements to the obedience and esteem which were to be paid and performed by the people were not put in the Catalogue of that Prince and great Master of wisdomes failings or not walking in the wayes of God or doing that which was right in his eyes and keeping his Statutes and Judgements as his Father David did Neither were those Royal and great Feasts made long after by Ahasuerus which reigned from India unto Ethiopia over an hundred and seven and twenty Provinces to his Princes and Servants the Nobles and Princes of his Provinces for one hundre● 〈◊〉 eighty daies Or the state of that mighty King whe● 〈◊〉 shewed the honour of his Excellent Majesty when as white green and blue Hangings were fastned with cords of fine linnen and purple to silver rings and pillars of marble with Beds of gold and silver upon a pavement of red blue white and black marble and gave them drink in vessels of gold according to the state of the King put under any note or character of blame But those and other due respects have so alwaies attended the world and the good order and government of it under Monarchy and Kings and Princes through all the changes and chances thereof as it may be taken to be as universall a Law of Nature and Custome or Nations as the duty and honor of
her herse trimmed up as stately as the Armes-painters and Abusers can devise it with Tapers burning in great silver Candlesticks hired at the Goldsmiths and four or six women in mourning fitting to attend it to shew the beholders the unbecoming pride and vanity of it and a Shop keepers Wife whilst her husband complains of want of trade must not want a Velvet Gown every Servant must as much as their wages will reach unto imitate their Master and Mistresses in their clothes and the fashion of them which Queen Elizabeth did well prevent when she caused the Taylors to enter into Bonds or Recognizances not to make clothes finer then the degree of such as were to wear them every Cotager and Day-labourer will do what they can to eat of the best and live after the rate of a Farmer every Farmer live and have his diet like a Gentleman every Gentleman of the smallest estate whatsoever strives to live like a Knight and some Gentlewomen taking themselves to be higher born then any of their kindred or neerest relations can remember will not think their husbands do their duty unless they permit them like Baronesses to have Carpets foot paces on the ground when the Madam so called shall have a mind to sit in her garnish of sin and foolery to receive the visits of those which when the Marmalet is eaten do most commonly appear to have come onely to view and censure her pride every Knight will spend and live like a Lord or Baron and the sons and daughters of too many of our Gentry ready to tear them in peices to enforce them to make them an allowance proportionable to their pride and prodig●lities whilst the Gentlemen racking and raising their Rents beyond the yearly Income and value of the Tenants Lands are too often the cause that the Tenants do put as high rates and prices as they can upon their commodities to be sold or sent to the Markets and use as many Cheats as the Country Devil can invent for them to abuse and cozen the buyers the Citizens raise the price of their wares and commodities to maintain their delicacies workmen their wages because victuals are so dear servants by a sinful necessity of pride never think they have wages enough to the end that they may wear better Clothes then they should do King William Rufus Hose or Breeches of three shillings price or a Mark as he was afterwards perswaded to believe it then thought to be magnificent worthy enough for a mighty Kings wearing is not now a rate or price enough for a Ploughmans ordinary wearing And the improvements of our Lands and Estates do seem to have served for no other purpose then to improve and multiply our sins and vices whilst the hospitality and virtues of England like the brave Brittish Caractacus or Catacratus Prince of the Silures following in his chains the triumphs of the Romish Conquerers are made to be the attendants of the Triumphs of our vices and wickedness and Truth and Honesty like the distressed Naomi and her daughter Ruth going their mournful Pilgrimages to finde a better entertainment So as there must needs be a want of Trade when there is so great a Trade driven of pride and vanity and a dearness of all things when every one almost some poor and despised Moralists and men of Religion and care in their ways and walkings onely excepted makes what shift he can per fas aut nefas to save and get what he can for himself and there is scarce a courtesie done for one another without a bribe or fellow-feeling the sons are ready to betray their parents and the parents to prostitute and deliver up their children to the slavery of sin for the support of their pride and luxuries the most of our friendships and realities now turned into a lying most dissembling and accursed complement the rich making it their hoc age and onely business to oppress the poor who since the fall and dissolution of our Abbies and Religious Houses are so impoverished and increased as a Gentleman of the same and no more Land and Estate then he had fourty years ago paying but three shillings four pence per annum is now constrained to pay forty shillings per annum and the rates and prices of workmens wages victuals and every thing else so increased and beyond reason more then was formerly as may appear by the difference betwixt what was in Anno Domini one thousand four hundred thirty and seven in the sixteenth year of the Raign of King Henry the sixth now but two hundred thirty and two yeers ago when ●hichely Archbishop of Canterbury built that famous Colledge of All-Souls in Oxford there was paid to a Stone-cutter but two shillings ten pence a week a Carpenter four pence a day a Sawyer fourteen pence a hundred for sawing of boa●ds a Joiner five pence half penny a day and but sixteen pence for himself and his servant for two days four pence a day to laborers five pence a day to such as digged stones four pence a day for a Cart for a weeks Commons for Mr. John Wraby who was comptroller of the works and an eminent man in those times fourteen pence for his servant ten pence for the meat of his horse for a week ten pence half penny and for the expences o● Mr. John Druel Surveyor of the works travailing with two servants and three horses from Maidstone to Lambeth and their charges at Lambeth for two nights and two days seven shillings And what is now paid to workmen when a Carpenter will have three shillings a day and eighteen pence or two shillings a day for his man and eighteen or twelve pence a day for a common laborer as there is never like to be any more easie or reasonable rates for houshold provisions or workmens Wages or any hospitality to be found in England nor any thing else of vertue or goodness unless the wisdom of the King and his great Councel shall prevent that Ultimam ruinam great and destroying ruine which citato cursu as to the peoples Estates in this life and sending their souls into the other world with a Lord have mercy upon us is galloping upon the Nation and will never be prevented either by preaching or Church Censures or the King and his Nobilities own examples without some severe and well observed Sumptuary Laws now very much wanted by an unhappy repeal of all in that kind which we had before and without which all that can be done to hinder and destroy an innundation of miseries which by our pride and luxury far surmounting any of our forefathers is suddainly like to over-run us will be to as little purpose as that which the King of Achen is said to do when he and all his nobilty do in the blindness of their Religion upon a certain day in every year ride in great pompe and procession to the Church to look if
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