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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 Reign of King Henry the 3. bring an Assise or Action against him for it for as for our Industrious Speed setting forth in his History of England that Rhese ap Gruffith Prince of Wales coming out of Wales as far as Oxford to treat of a Peace with King Richard the First did take it in so high a scorn and indignation that the King came not in person to meet him as he returned home into his own Country without saluting the King though Earl John the Kings only Brother had with much honour conducted him from the Marches of Wales thither and that by that means the hopes of the expected peace vanished and came unto nothing hath observed that the meanest from whom love or service is expected will again expect regard And therefore the care of our Kings was not a little imployed in that way of imparting of their favours and increasing and cherishing the love and good will of their people when King Henry the Seventh whose troubles and tosses of fortune before he came unto the Crown had together with his learning and princely education made him a great Master in Policy and good Government and one of the wisest Kings that ever swaied the English Scepter did in his prudent Orders concerning his Court and Houshold and the State and Magnificence which he desired to be observed therein communicated unto me by my worthy and learned Friend William Dugdale Esquire Norroy King at Armes out of an ancient Manuscript sometimes in the custody of Charles de Somerset Knight Lord Herbert and Gower Chamberlain unto that King amongst many other Orders for the honour of the King and his House ordain that If any straunger shall come from any Noble-man or other the Gentilmen Huysshers ought to sette him in suche place convenient within the Kyngs Chamber as is mete for hym by the discrecion of the Chamberlain and Huyssher and to comaunde service for hym after his degree and the sayd Huyssher ought to speke to the Kings Almoigner Kerver and Sewer to reward hym from the Kings Board this is to say if the said Straunger happen to come whan the Kyng is at dynner Item The Gentilman Huyssher if there come any honourable personnes to the Kyng at any other tyme they ought to call with thaym the sayd personnes to the Seller Pantry and Buttry and there to commaund forth such brede mete and drynke as by his discretion shall be thought metely for thaym and this in no wise not to be with sayd in noon of thies Offices aforesayd It is to the Kings honor Item that no Gentilman Huyssher bee so hardy to take any commaundement upon him but that it may be with the Kings honor by hys discretion in these matiers to myspende the Kings vitail but where as it ought to be and if he doo he is nat worthy to occupy that rowme but for to abide the punishment of my Lord Chamberlain Item A Gentilman Huyssher ought to commaund Yeomen Huysshers and Yeomen to fetche bred ale and wine at afternoon for Lords and other Gentilmen being in the Kings Chamber whan the caas so● shall requyre Which and the like Magnificences of Hospitality in the Houses and Courts of our Kings and Princes supported by the Pourveyances without which the elder Kings of England before the Conquest could not have been able to susteyn the charge of their great and yearly solemn Festivals at Christmas Easter and Pentecost when ex more obsequii vinculo antiquissimo as that great and learned Antiquary Sir Henry Spelman hath observed by duty and antient custome the Lords and Barons of England did never fail to come to the Kings Palace where the Magna Concilia wittena gemotes conventus sapientum now called Parliaments were at those times to be holden and kept cum ad Curiam personam ejus exornandum tum ad consulendum de negotiis regni statuendumque prout fuerat necessarium providere de rebus illis Rex solebat corona redimitus profastu Regio se in omnibus exhibere for the honor of the King and his Court who then with his Crown upon his head and other Princely habiliments did use to shew himself unto the people and advise what was necessary to be done for the good of the Kingdom And was such an attendant upon the Grandeur and Honour of their Monarchy as it began with it and continued here amongst us till the Councill of some foolish and factious Shrubs had by a fire kindled in our then unhappy Kingdome overturned our Cedars of Libanon and made an accursed and wicked Bramble their Protector and was so necessary to the Government and Authority of our Kings and the encrease and preservation of the love and obedience of the people as we find it neither repined nor murmured at in the Reign of King Alfred who being of an almost unimitable piety and prudence and to whom this Nation ows a gratefull memory for his division of the Kingdom into Shires and Hundreds and for many a Politique Constitution did now almost 800 years ago keep a most Princely and magnificent House and a numerous company of Servants gave enterteynment of diet and lodging to many of the sons of his Nobility who were therein trayned up to all manner of Courtly and honourable exercises had three Cohorts or Bands of Life-guards every Cohort according to the ancient computation consisting if they were Horse of 132 and of Foot of a great many more the first Company attending in or about his Court or House night and day for a moneth and returning aftewards home to their own occasions tarried there by the space of two moneths the second Cohort doing likewise as the first and the third as the second by their turns and courses and had a good allowance of money and victualls in the House or Court of the King who had his ministros nobiles qui in curio Regio vicissim commorabantur in pluribus ministrantes ministeriis noble and great Officers in his Court which attended in their courses and took so much care also for them as in his last Will and Testament he gave cuilibet Armigerorum suorum to every one of his Esquires 100 marks Or that King Hardi Canutus caused his Tables to be spread four times every day and plentiously furnished with Cates and commanded that his Courtiers Servants and Guests should rather have superfluities then want any thing That William Rufus when he had built Westminster Hall 270 foot in length and 74 in breadth thought it not large enough for a Dyning Room King Richard the Second kept a most Royall Christmas where was every day spent 26 or 28 Oxen 300 Sheep with Fowl beyond number and to his Houshold came every day to meat ten thousand people as appeared by the Messes told out from the Kitchin unto three hundred Servitors and was able about two years before when the Times began to be
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
Westminster and within ten miles distance thereof unto six pence for a day and night for Hey for a horse now ●●shamefully and unconscionably raised by themselves unto eight pence and six pence for a peck of Oats not measured by Winchester measure but the knavish peck of the Ostlers to whom the dying horses might well bequeath their Halters at the rate of eight groats a bushell when they have many times bought them in the Market at Twelve pence a bushell or less And directed that that Ordinance should continue in the County of Middlesex untill it should appear unto 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 enjoyned to be strictly and duly observed untill they by the like authority should be altered And might be as little troubled at his Pourveyance as they were with his Royal Fathers remission or not putting in execution the Assise in imitation of one which was made in anno 12 H. 7. made in the Reign of Queen Elizabeth by the advice of the Lord Burghley and other of the Lords of her Privy Counsell of Flesh Fish Poultry butter and most sorts of Victuals and houshold Provisions as also of Hey and Provender and another likewise set and made by the Judges of the Kings Bench in or about the first year of his Reign by the advice of all the other Judges of England at the instance of Mr Noy his Atturney-Generall Which might perswade us to be something kind to our selves and our posterity in being kinder unto him for that the losses and damage to the King and his People without the addition of their losses by the taking away of the Tenures in Capite are and will be so very great and evident and the loss of the King may by a necessity of their supplying of it be in the end a means of doubling or trebling the losses of the people and should therefore deterre us from any endeavours to eclipse our Sun and bereave our selves of the light and comfort of it and diswade us from the purchase of so many mischiefs and inconveniences as have already happened and are like to multiply upon us by making our selves the most unhappy Instruments of the dishonour of our King and Country in the diminution of the accustomed grandeur and magnificence of his Court and Hospitality wherein plenty and frugality largess and providence satiety and sobriety honour and hospitality were so excellently and rationally combined and confederated as the best of Oeconomies and the greatest vigilance daily care and inspection in the most methodicall and best ordered House and Family of England or any other the Kings Dominions consisting of 10 or 20 persons or a lesser number a few being commonly the easiest governed could never arrive unto 〈◊〉 ●erfection of government and good order of the Kings Houshold consisting of a numerous Retinue of above One thousand or twelve hundred persons and many of them of the best extraction and noblest houses of the Kingdom where besides the charge of his most pious and devout yearly Maundy or washing as many poor mens feet every year upon the Thursday before Easter as he is years old giving unto each of them a Jowl of Salmon a Poll of Ling 30 red Herrings and as many white 4 six peny loavs of bread Cloth for a Gown and a Shirt a pair of new Shoes Stockings a single penny and a 20 shillings piece of Gold Two pence a piece was given to poor people every day at the Gate besides the Kings Alms-dish every meal from of his Table and the fragments carefully gathered up from the many Tables of his Servants put into an A●mes-basket and daily distributed unto them by two Officers yearly kept in pay and pension for that purpose Six Mess of Meat 240 Gallons of Beer and as many of loaves of Bread with a liberal proportion of Sack and Claret as wast and entertainment for all comers for the Kings honour where were great yearly Festivals the Lord Stewards Table completely and more then ordinarily furnished during all the time of the sitting of the Parliaments to entertain such of the Lords and Commons as would come thither to dinner and where when the Nobility and Persons of quality in the absence of Parliaments came either to attend the King or petition him in any of their Affaires they were made the Guests at some of the Tables of his great Officers as well as those of meaner ranks were at the Table of the lesser And the Chambers and Galleries searched for 〈◊〉 strangers and fit persons as might deserve to be invi●ed to the Tables and Diet of his Servants to the end that any that were fitting to partake of his hospitality might not be omitted Embassadors which came sometimes two at once from severall forreign Princes found themselves royally enterteyned for certain days out of the diet and provision of the Kings house and nothing of State or Provision wanting at the same time in the Kings own Court or House and attended with as great or more plenty solemnity then many of their Kings Princes had at home where no Country Gentleman or Yeoman which had contributed to the Pourveyance but at one time of the year or other had upon all occasions of business at the Court either with the King or his Servants a large part or share of what he had contributed And was so gratefully and well accepted as some have anciently when gratitude and thankfull respects were more in fashion than now they are so highly esteemed the respects and favours of the Kings Servants and Officers when they had occasion of business to his Court as Robert de Arsic a man of great note and eminency in the County of Oxford did give Lands in Newton by a Fine levyed thereof unto one Robert Purcell and his Heirs who was then one of the Porters at the Gate of the Kings House or Court by inheritance upon condition that whensoever he and his Heirs should come unto the Court the said Robert Purcell and his Heirs whilst they should be the Kings Porters should attend their coming come out of the gate to meet them and walk before them with his rod or staffe unto the Kings Hall and at their return or going out of the gate call for their horse or Palfrey and hold their stirrup whilst they got up or mounted and if the said Robert Arsic or his Heirs should send any Messenger to the Court should as much as in them lay and according to their ability with their good word and well wishes faithfully assist him And was so unwilling to loose that Service or Duty as upon the refusall or omission thereof by the said Robert Purcell he did in the 11 th year of