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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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when he came down out of the Mount from his conference with him to be abated or lessened but shewed his care of it in the severe punishment of the gain-saying of Corah Dathan Abiram and their saying that Moses took too much upon him and is and ever hath been so essentiall very necessary to the preservation of Authority and Government and the Subjects and People under it as Saul when he had incurred the displeasure of God and his Prophet Samuel desired him not to dishonour him before the People And David when he heard how shamefully his Embassadours had been abused by the King of Ammon ordered them to stay at Jericho untill their beards were grown out The Romans who being at the first but Bubulci and Opiliones a rude Company o● Shepheards Herdsmen and were looked upon as such a base and rude Rabble as the Sabines their Neighbours scorned to marry or be allyed with them did afterwards in their growing greatness which like a torrent arising from a small assembly of waters did afterwards overrun and subdue the greatest part of the habitable World hold their Consuls in such veneration as they had as Cicero saith magnum nomen magnam speciem magnam majestatem as well as magn●m potestatem as great an outward respect and veneration as they had authority and were so jealous and watchfull over it as their Consul Fabius would rather lay aside the honour due unto his Father from a Sonne of which that Nation were extraordinary obse●vers then abate any thing of it and commanded his aged Father Fabius the renowned rescuer and preserver of Rome in a publique Assembly to alight from his Horse and do him the honour due unto his present Magistracy which the good old man though many of the people did at the present dislike it did so approve of as he alighted from his horse and embracing his Son said Euge fili sapis qui intelligis quibus imperes quam magnum magistratum susceperis my good Son you have done wisely in understanding over whom you command and how great a Magistracy you have taken upon you And our Offa King of the Mercians in An. Dom. 760 an Ancestor of our Sovereign took such a care of the Honour and Rights due unto Majesty and to preserve it to his Posterity as he ordained that even in times of Peace himself and his Successors in the Crown should as they passed through any City have Trumpets sounded before them to shew that the Person of the King saith the Leiger Book of St. Albans should breed both fear and honour in all which did either see or hear him Neither will it be any honour for Christians to be out-done by the Heathen in that or other their respects and observances to their Kings when the Romans did not seldome at their publique charge erect costly Statues and Memorialls of their g●atitude to their Emperours make chargeable Sacrifices ad aras in aedibus honoris virtutis in their Temples of Honour and Virtue could yearly throw money into the deep Lake or Gulfe of Curtius in Rome where they were like never to meet with it again pro voto salute Imperatoris as Offerings for the health and happiness of their Emperou●s and all the City and Senate Calendis Januarii velut publico suo parenti Imperatori strenas largiebant did give New years-gifts to the Emperour as their publick Parent bring them into the Capitol though he was absent and make their Pensitationes or Composition for Pourveyance for their Emperours to be a Canon unal●erable Or by the Magnesians and Smirnaeans who upon a misfortune in Warre hapned to Seleucus King of Syria could make a League with each other and cause it to be engraven in Marble pillars which to our dayes hath escaped the Iron Teeth of time majestatem Seleuci tueri conservare to preserve and defend the Honor and Majesty of Seleucus which was not their Sovereign or Prince but their Friend and Ally Nor any thing to perswade us that our Forefathers were not well advised when in their care to preserve the honor of their King and Country they were troubled and angry in the Reign of King H. 3. that at a publick Feast in Westminster-Hall the Popes Legate was placed at the Kings Table in the place where the King should have sate or when the Baronage or Commonalty of England did in a Parliament holden at Lincoln in the Reign of King Edward the First by their Letters to their then domineering demy-God the Pope who was averse unto it stoutly assert their Kings superiority over the Kingdome of Scotland and refuse that he should send any Commissioners to Rome to debate the matter before the Pope in Judgement which would tend to the disherison of the Crown of England the Kingly Dignity and prejudice of the Liberties Customes and Laws of their Forefathers to the observation and defence of which they were ex debito prestiti juramenti astricti bound by Oath and would not permit tam insolita praejudicialia such unusuall and prejudiciall things to be done against the King or by him if he should consent unto it Or when the Pope intending to cite King Edward the Third to his Court at Rome in Anno 40 of his Reign to do homage to the See of Rome for England and Ireland and to pay him the Tribute granted by King John the whole Estates in Parliament did by common consent declare unto the King that if the Pope should attempt any thing against him by process or other matter the King with all his Subjects should with all their force resist him And in Anno 42 of King Ed. 3. advised him to refuse an offer of peace made unto him by David le Bruse King of Scotland though the War●es and frequent incursions of that Nation were alwayes sufficiently troublesome chargeable so that he might enjoy to him in Fee the whole Realm of Scotland without any subjection and declared that they could not assent unto any such Peace to the disherison of the King and his Crown and the great danger of themselves Or that William Walworth he gallant Mayor of London whose fame for it will live as long as that City shall be extant was to be blamed when he could not endure the insolency of the Rebel Wat Tyler in suffering a Knight whom the King had sent to him to stand bare before him but made his Dagger in the midst of his Rout and Army teach his proud heart better manners Or Richard Earl of Arundel●nd ●nd Surrey did more then was necessary when as he perceiving before hand the after accomplished wicked designe and ambition of John of Gaunt Duke of Lancaster and titular King of Leon and Castile did before the downfall of that unhappy Prince King Richard the Second complain in Parliament that he did sometimes go arme in arme with the King and make
the Prince should often appear unto his People in Majesty and that the Courtiers should keep good houses And if they will do no more to do but as much as the Beasts and Birds being irrational creatures do by their bodies natural make it their greatest care to protect and preserve the Head of our Body Politique and the honor and dignity of it and keep it above water And now that by his gracious Government and return to us like the Sun to dispel the cold and uncomfortableness which the Winter of his absence had almost for ever fastned upon us Cum fixa manet reverentia patrum Firmatur se●ium juris priscamquè resumunt Canitiem leges when our Parliaments and our just and ancient Laws are again restored Claustrisque solutis Tristibus exsangu●s andent procedere leges and released from their former affrights and terrors Not endeavour to abridge or endanger the hopes of our future happiness by being to sparing unto him that was not so unto us Jam captae vindex patriae Ut sese pariter diffudit in omnia regni Membra vigor vivusquè redit color urbibus aegris and redeemed our happiness from its Captivity But rather imitate the Clergie of the Bishopricks of Gloucester Chester Oxford Peterborough and Bristol who in the fourth year of the Reign of Queen Elizabeth finding those Bishopricks to be much impoverished by the Earl of Leicester and some other who in their vacancies had gotten away a great part of the Revenues thereof did by their Benevolences for some years after enable the Bishops thereof in some tolerable degree to maintain their Hospitalities And our long ago departed Ancestors who took it ill in the Reign of King John with whom they had so much and more then they should contended for their Liberties that Hubert Arch-bishop of Canterbury should keep a better House and Feast at Easter then the King And that Cardinal Woolsey in the Reign of King Henry the Eight should keep as great a state at Court as the King exercise as great an Authority in the Country for Pourveyance as the King and forbid Pourveyance to be made in his own Jurisdictions which made an addition to the Articles of High Treason or great Misdemeanors charged upon him by the Commons in Parliament brought up to the House of Peers by Sir Anthony Fitz-Herbert afterward a learned Judge of the Court of Common pleas So that our King may not for want of his antient rights of Pourveyance or an Allowance or Compositions for them the later of which as a means to make so unquestionable a right and priviledge of the Crown of England to be alwayes gratefull and welcome to them was fi●st designed set on foot contrived by Sir David Brook Serjeant at Law unto King Henry the Eighth and Lord Chief Baron of the Exchequer in the Reign of Queen Mary and happily effected or brought to perfection in or about the 4 th year of the Reign of Queen Elizabeth be necessitated to retrench or lay down his Royal Housekeeping and Hospitalities or deprived of his means of Charity and Magnificence which Jacob Almansor the learned Arabian King who lived in Anno 654. and conquered Spain was in his swarthy Dominions so carefull to preserve as after that he had given audience unto Suitors which were some dayes in every week he usually caused a publique cry to be made that all of them as well rich as poor should stay and take their refections and to that end furnished Tables for them with such abundance of provisions as became the house of so mighty a King And that if any forreign King or Prince should as Cecily Sister to the King of Sweden and Wife to the Marquess of Baden did by a far a long Voyage come from the North into England to visit our Queen Elizabeth and see the splendour of her Court which as to her Charity splendour and Hospitality though so over-sparing in other things and so unwilling to draw monyes out of her Subjects purses as she lost the fair hopes and opportunity of regaining Calais which was so much desired by her was very plentifully and magnificent and with the allowance of many more Tables then have been in the times of her Successors they may return into their Country as that Princess did with a wonder at it and not be constrained to say as was once said of the glory of the Temple of Jerusalem Who is left amongst you that saw this house in her first glory and how do you see it now and that returning into the former good wayes manners and custome of England we may not be damnati fat● populi but virtute renati And that to that end we shall do well to leave ou● new and untrodded By-wayes of Error made by the Raiser of Taxes and the Filchers of the Peoples Liberties in the Glory of anothers Kingdome now we have so wofully seen felt heard and understood so very many mischiefs and inconveniences already happened and if not speedily prevented are like to be a great deal more and hearken unto the voyce and dictates of the Laws of God and Nature the Laws of the Land and Nations Reason and Gratitude and let our Posterity know that the honor of our King and Country is dear unto us and that whatever becomes of our own Hospitalities we shall never be willing to let the Vesta● Fire of the British and English Hospitalities although most of our own are either extinguished or sunk into the Embers go out or be extinct in our King Palaces or to abjure or turn out of its course so great part of the Genius of the Nation but that we shall continue the duties of Praeemption and Pourveyance which are as old as the first Generations of Mankind and as antient as the duty of reverence of Children to their Parents Dent Fata Recessum FINIS Accompts inter Evidentia Comitis Oxon. Stows Survey of London Sieur Colberts Remonstrance of the benefit of the Trade to be driven by the French in the East-Indies Lessius de Just. Jur. lib. 2. cap. 21. n. 148. Cokes 4. part Institutes 12 Ed. 4. c. 8. 25 H. 8. cap. 2. Epist. Rom. 6. Speed Hist. of England Heylin hist. Ecclesiae Anglicanae domes reformatae Waler Max. lib. 8. cap. 5. Cicero in oratione pro Muroena Gervasius Tilburiensis Assisa panis cervisiae and a Statute for punishing the breach thereof by Pillory and Tumbrell Anno 51 H. 3. Rot. Fin. 11 E. 2. Cokes 1. part Institutes 70 Rot. parl 25 ● 3. m. 56. Inter Recorda in Recept Scaccarii inter Fines de tempore H. 3. Speed Hist. of Great Britain M. S. in custodia Gulielmi Dugdale Spelman Annotat. ad Concilia decreta leges Ecclesiastica 349. Asser Menevensis de gestis Alfredi 19. 23. Henry Huntingdon and William Malmesbury de gestis regum Angliae Speed History of England Stows Survey