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 Fortcâ—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 Geâ—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 enâ—oynâ—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 Mannâ—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 Welâ—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 Cattlâ— with Hawks and Hounds to a certain number towards which payment by the Statutes of Howel Dâ—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
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
for murage or repair of the walls of Towns as Ipswich Harwich Newcastle upon Tine Ludlow c. or Cities as London Norwich York Bristol c. which must of necessity raise the rates of commodities brought thither to be sold and by the same power or authority remit or release them and being granted to many Cities or Towns but for three of seven years or as to London for five years or some other short term since expired is as may be feared under a colour of custome or praescription as yet continued Or being Soveraign of the British seas to take weekly for all Herring taken therein six pence for every Ton and the like for other fish every three weeks either of his own Subjects or forraign Nations or for his Admiral under him to take the tenth of all the Prizes or Ships of his Enemies taken at the Sea and money for Anchorage paid by every Ship for their quiet riding in the river of Thames or any of the Kings Harbours And with as good reason as the Burrow Mealis in Scotland where quilibet Burgensis debet domino Regi pro Burgagio quinque denarios annuatim dicuntur incorporari annexique Fisco patrimonio Regis every Burgess was to pay five pence per annum for his mealis which Sir Henry Spelman interprets to be a Farme appropriated to buy provisions in regiae mensae apparatum for the Kings Table or Houshold and are said to be incorporate and annexed to the Patrimony of the King and his Exchequer Or as the Provost of Edenburgh or other borough Towns in Scotland may take and receive four pence upon every quarter of Malt of ilk Brewster quhe brewes aill all the zeir four pennies and for â—ne halfe zeir twâ— pennies As the Apprisers of flesh are appointed to apprise it at the Kings price ilk dayes of the Markets and to admit the eath of the â—â—sâ—er in that matter And as by the Statutes of King David the second it was ordained that for relief of the inward parts of the Realm quhair woll hes course and quhilks ar burdened with customes and that the remanent parts of the Realm may be made equall with them in all services and burdings It is Statute that certain sommes and quantities of victuall quhareof there is abundance in these utward parts sick as Marts beir and sicklike sall be taken up zeirly at the Chamberlains command to the expenses of the Kings house according to the prices quihilk in auld times used to be taken up in these places Queen Mary the Lord Governour and Lords of secret Counsell havand respect to the great and exorbitant dearth risen upon the will and tâ—me Fowles ordained the prices thereof as 5 s. Scottish the Swan the black Cock and gray hen six pennies twenty of their pennies being but two pence the Woodcock four pennies and the dousâ—n of Laverocks and uthers small birds four pennies c. And by as good reason as King James the sixth his Majesties Grandfather confirmed the Acts of Parliament made by his noble Progenitors for the stanching of dearth of Victuals and setting order and price on all Stuffe and ordained all Earls Lords Barons as well within regality as royalty and their Bailles to landwart and the Provestes and Bailles of all Bâ—rrows and Cities to cause the said Acts to be put to due execution every ane within their boundes and Jurisdiction respective makand and constitutand them Justices to that effect with power to make and appoint Statutes and Ordinances for the special observation of the saidis Acts at every head Court zierly Assigned money and victuals of several Shires and places in Scotland to the keeping of the Castles of Edinburgh Dunbartane Strivilinge and Blacknes Declared the tenths of all Herrings taken in the Scottish Seas to be due unto him as King of Scotland and all infestments and Alienations in few ferme or utherwaies and all dispositions quhatsumever in all time bygane and to cum of the Assise Herring to be nil and of no avail because the said Assise Herring pertanis to the King as ane part of his Customes and annexed property And by as much or a greater warrant or assent of reason as King Henry the 5. of England did in a Patent or Grant of the Lord Lieutenancy of Ireland to James de Boteler Earl of Ormond authorise him ad victualia sufficientia necessaria pro expensis hospiâ—ii sui ac Soldariorum suorum in quocunque loco infra terram predictam per Provisores hospitii sui alios ministrossuos unacum Cariagio suâ—ficienti pro eisdem tam inâ—ra libertates quam extra feodo Ecclesie duntaxat excepto pro denariis suis rationabiliter solvend capere providere juxta formam diversorum Statutorum de hujusmodi provisionibus ante haec tempora factorum to take victuals sufficient and necessary for the expences of his Houshold and his Souldiers by his Pourveyors and other Ministers in any place whatsoever in Ireland with carriages sufficient for the same as well within liberties as without the Fees of the Church only excepted at reasonable prises according to divers Statutes made concerning provisions And was so well grounded upon Law and reason as all the succeeding Lord Lieutenants or Deputies of Ireland have ever since not wanted those necessary priviledges to attend their high honourable trusts imployments could so little be parted with in the 19. year of the Reign of Queen Elizabeth when Sir Henry Sidney was Deputy of Ireland as the Earl of Desmond the Viscount Baltinglas other unquiet spirits refusing to pay the provision or Ceasse as they there called it for the Lord Deputies house the Souldiers in Garrison which the learned Camden saith was exactio rei Annonariae certo pretio provisions to be furnished at a certain rate or price ad alendum proregis familiam militesque praesidiarios for the Lord Lieutenants or Deputies Families the Souldiers in Garrison quasi non exigenda nisi ex authoritate Parliamentaria as not due unless it were ordained by authority of Parliament sending over their complaints into England the Lords of the Privy Council upon the hearing bate thereof committed them and those which remained in Ireland and had sent them were in like manner imprisoned untill they should submit to the payment and furnishing thereof for that it appeared by the Records of that Kingdome to be antiquitus institutum an antient constitution jus quoddam Majestatis a part of the right appertaining to the soveraign Power Praeeminence or Kingly Praerogative quae legibus non subjicitur nec tamen legibus adversatur ut Jurisprudentes judicarunt which being not against the Laws was not to be subjected to them saith that worthy Historian the Queen then only ordering the Lord Deputy to use as much moderation as he could in taking those Provisions or Pourveyances And as
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
or any manner of Article contained in that Charter willed and granted that such manner of Statutes and Customes should be void and frustrate for ever Anno 28 Ed. 1. Artic. super Chartaâ— ca. 2. upon complaint that the Kings Ministers of his house did to the great grievance and damage of the people take the goods as well of the Clergy as the Laity without paying any thing or els much less then the value It was ordained that no Pourveyors should take any thing but for the Kings House and touching such things as they should take in the Country of meat and drink and such other mean things necessary for the house they should pay or make agreement with them of whom the things should be taken nor take more then should be needfull to be used for the King his Houshold and Children with a Proviso therein that nevertheless the King and his Counsel did not intend by that Estatute to diminish the Kings Right for the antient prices due and accustomed as of wines and other goods but that his Right should be saved unto him in all points Anno 16 Ed. 2. the King sent his Writ to the Justices of the Court of Kings Bench then not so fixed as now or of later times to command them to take care to punish the Infringers of those Lawes And howsoever the Articles and inquiries in the Eyres in the Reign of King Edward the first were to enquire and punish those Sheriffs Constables or Bayliffs which took any victuals or provisions for the King or his Houshould which shews that then also no Markets were kept at the Court gates nor that all the Kings provisions were there bought or taken contra voluntatem eorum quorum Catalla fuerint without the will of the owners which in all probability was to be regulated and perswaded by that duty and loyalty which every good Subject coming to a Country or City Market did bear to his Soveraign and the Preserver by his authority and power of not only what they brought to Market that day but what was left at home or to be brought at other times to Market and the words sine consensu voluntate c. without the consent of the Seller are to be interpreted and understood saith Sir Edward Coke to have been inserted in that and other Statutes for that Pourveyers would take the goods of such men as had no will to sell them but to spend them for their own necessary use But afterwards some abuses like weeds getting in amongst the best corn or greatest care of the watchfull Husbandman happening in the manner of Pourveyances by taking them without warrant or threatning the Sellers or Assessors to make easie prices or not paying ready money or the Market rate for them or taking more then they needed or by greater measures making the Pourveyances for divers Noble-men belonging to the Court as of the Duke of Gloucester in the Reign of King Henry the sixth and in his time also some Hostlers Brewers and other Victuallers keeping Hosteries and Houses of retailing victuals in divers places of the Realm having purchased the Kings Letters Patents to take Horses and Carts for the service of the King and Queen did by colour of them take horses where no need was and bring them to their Hosteries and other places and there keep them secretly untill they had spent xx d or xl.d. of their stuff and sometimes more and then make the owners pay it before their horses could be delivered and sometimes made them pay a Fine at their will and at other times took Fines to shew favour and not to take their horses and many times would not pay for the hire of the said horses and carts divers Acts of Parliament upon complaints at several times in Parliament of the said abuses committed by Pourveyers were made to prohibit and provide against them but none at all to take away the Pourveyance it self or Prae-emption or the Kings just Rights and Prerogatives therein but a saving of the Kings Rights especially provided for in many of them as Anno 10 Ed. 3. ca. 4. The Sheriff shall make Pourveyance for the Kings horses Anno 18 Ed. 3. ca. 4. In the Commissions to be made for Pourveyance the Fees of the Church shall be exempted in every place where they be found Anno 25 Ed. 3. ca. 1. after that in Anno 20 Ed. 3. divers Pourveyers had been attainted and hanged for fending against those Lawes and that in the 23. year of that Kings Reign divers of the Kings Pourveyers were indited for breach of those Lawes It was enacted that If any Pourveyer of victuals for the King Queen or their Children should take Corn Litter or Victuals without ready mony at the price it commonly runneth in the Market prized by Oath by the Constable and other good people of the Town he shall be arrested and if attainted suffer pains as a Thief if the quantity of the goods the same require Cap. 6. No Pourveyer shall take cut or â—ell wood or Timber for the Kings use for work growing near any mans dwelling house Et cap. 7 Keepers of Forrests or Chaces shall gather nothing nor victuals nor sustenance without the owners good will but that which is due of old right Cap. 15. If any Pourveyer take more sheep then shall be needfull and be thereof attainted it shall be done to him as a Thief or a Robber Anno 36 Ed. 3. ca. 6. No Lord of England nor none other of the Realm of what estate or condition that he be except the King and the Queen his wife shall make any taking by him or any of his Servants of any manner of victuals but shall buy the same that they need of such as will sell the same of their good will and for the same shall make ready payment in hand according as they may agree with the seller And if the people of Lords or of other doe in other manner and thereof be attainted such punishment of life and of member shall be done of them as is ordered of the buyers the occasion of the making of which Statute and the preceding Act of Parliament of 25 Ed. 6. before mentioned Sir Edward Cook informes us was a book written in Latin by Simon Islip Archbishop of Canterbury and before that a Secretary of State and Privy Councellor to King Ed. 3. called Speculum Regis sharpely inveying against the intollerable abuses of Pourveyers and Pourveyance in many particulars and earnestly advising and pressing him to provide remedies for those insufferable oppressons and wrongs offered to his Subjects which the King often perusing it wrought such effect as at divers of his Parliaments but especially in his Parliament holden in the 36 year of his Reign he did of his own will without the motion of the great men or Commons as the Record of Parliament speaketh cause to be made many excellent Laws against the oppressions and falshood of Pourveyâ—rs
for a greater observance is certainly to be tendered unto the King even in that particulâ—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 â—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 â—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 Râ—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 oâ— 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
many of them who having racked their Tenants to the utmost can leave their Ancestors great and stately houses in the Country as if they had been lately infected with the plague or were haunted with some Devils or Hobgoblins and employ their expences which would have been more honourably laid out in hospitality in treatments of two or three hundred pounds at a time some of our prodigal Gentry expending fifty threescore or an hundred pounds in a Suit of Apparrel can give it away after twice or thrice wearing to a Pimp Sicophant or flattering Servant and lose two hundred or five hundred pounds in a night at Dice or Cards give a hundred pounds for a needle work Band and expend two hundred pounds per annum for Periwigs and all the racked Revenue either laid out by themselves or their wives who vie who shall spend most in the wicked and vain pursuits of a detestable luxury and as if they held their Lands not as formerly by Knight service but by Lady service and their Ancestors had taken pains to leave them estates to play the mad-men withall do make sin the only Errand and employments of their lives and conversations and by their prodigal expences and confining themselves to some few dishes of meat dressed at the Common Cooks in London do leave their Foot-boys and Servants so little of it as they are many times constrained to be glad with the bones and scraps which would have been better bestowed upon Beggars and have reason enough to believe that their Masters can doe no miracles nor multiply loaves of bread or fishes But our Nobility and Gentry demeaned themselves in a more honorable noble and Christian way as may be understood by that of Thomas Earl of Lancasters expences in house-keeping in the Reign of King Ed. 2. when money was scarcer than now it is and yet the account from Michaelmas in the 7. year of the Reign of that King unto Michaelmas in the 8. year of his Reign being but for one year was in the Buttery Pantry and Kitchin three thousand four hundred and five pounds And there was paid for 6800 Stock-fishes so called and for dried Fishes as Lings Haberdines c. 41 l. 6 s. 7 d. for one hundred eighty four Tonnes and one Pipe of Clarret wine and one Tonne of white wine 104 l. 17 s. 6 d. gave costly Liveries of Furres and Purple to Barons Knights and Esquires and paid in that year 623 l. 15 s. 5 d. to divers Earles Barons Knights and Esquires for Fees The house-keeping of the Nobility being not then mean or ignoble when in the fourteenth year of that Kings Reign Hugh Spencer the elder was by Inquisition found to have been possessed of at his several Houses or Manors 28000 Sheep 1000 Oxen and Steers 1200 Kine with their Calves 2000 Hogs 300 Bullocks 40 Tons of Wine 600 Bacons 80 Carcases of Martilmas Beef 600 Muttons in the Larder and 10 Tons of Sider Richard Nevil Earl of Warwick in the Reign of King Henry the fifth had in his house oftentimes six Oxen eaten at a Breakfast and every Tavern was full of his meat and he that had any acquaintance in his house might have there so much sodden and roste as he could prick and carry upon a long Dagger Cardinal Woolsey Arch-Bishop of York in the Reign of King Henry the eighth kept no small house when as his Master Cook in the Privy Kitchin went daily in Velvet and Satten with a chain of Gold about his neck had two Clerks of the Kitchin a Surveyor of the Dresser a Clerk of the Spicery four Yeomen of the ordinary Scullery four Yeomen of the silver Scullery two Yeomen of the Pastery and two Pastery men under them in the Scalding house a Yeoman and two Grooms In the Buttery two Yeomen Grooms and two Pages In the Pantery two Yeomen and in the Waferie two Yeomen Nicholas West Bishop of Ely in the year 1532. in the 23 year of the Reign of King Henry the Eighth kept continually in his house one hundred Servants giving to the one halfe of them 53 s. 4 d. a piece then an allowance for a Gentleman Servant but now by an unreasonable and illegall rise and exaction of servants wages not the halfe of a Carter or Ploughmans wages and to the other 40 s. a piece and to every one of his Servants four yards of broad Cloth for his Winter Gown and for his Summer Coat three yards and a half and daily gave at his gate besides bread and drink warm meat for two hundred poor people Edward Earl of Derby in the Reigns of Queen Mary and Queen Elizabeth had 220 men in Checque Roll fed sixty eight aged persons twice every day besides all comers appointed thrice a week for his dealing dayes and every good Friday gave unto two thousand seven hundred poor men meat drink and money The Lord Cromwell in the declyning times of charity as Mr. John Stow well observed served twice every day at his gaâ—â— two hundred poor people with bread meat and drink sufficient all the Gentry making it to be their honor in their lesser orbes to measure their Actions by those as good and honorable patterns And proportionable to their hospitality and the state and dignity of our then Nobility were the numbers of their Servants in their houses at home or in their journies or riding abroad many of the Knights Gentlemens Sons of England making it to be the best of their breeding education and way to preferment to serve or retain unto them insomuch as notwithstanding the Statute made against giving of Liveries or Badges 1 R. 2. cap. 7. and the suspicion which some of our Kings and Princes and King Henry the seventh had of their greatness and popularities the great so called Earl of Warwick in the Reign of King Henry the sixt rode with six hundred men in red Jackets embroidered with ragged staves before and behind Thomas Audley Lord Chancellor of England usually rode with many Gentlemen before him with coats guarded with velvet and chains of gold and his Yeomen following after him in Liveries not guarded William Paulet Marquess of Winchester did ride with a great attendance in Liveries and gave great reliefe at his gate and Edward Duke of Somerset did the like John de vere Earl of Oxford in the Reign of Queen Mary notwithstanding the rigour of the Law against Liveries and Reteiners which King Henry the seventh did so turn against one of his highly deserving Ancecestors as it cost him a fine of ten or fifteen thousand marks was accustomed to ride from his Castle of Hedingham in Essex to his City House at London Stone with eighty Gentlemen in tawny velvet Liveries or Coats and Chains of Gold about their necks before him and one hundred tall Yeomen in the like Livery of Cloth following him with the cognisance of the Blew Bore embroidered on their left shoulder Which being the custome of the good