Children to their Parents and the love of Parents to their Children when we find all the Kings and Potentates of Europe Asia Africa and America to have maintained their Honors and Regalities by the state which they used in their Palaces and extraordinary Buildings witness the House or Palace of Julius Caesar who as Plutarch saith had ornatus majestatis causa some Acrosteria or fastigia Turrets or Pinacles for ornament and majesty placed thereupon the Escurial of Spain the Louvre of France the Palaces and Piazza's of the Roman Emperors of those of Greece and the Grand Signieur the Colledges publick and costly buildings of the Kings of Fez and Morocco the stately Palaces of the Sophy or Emperor of Persia the Mogol Emperour or Dairo of China the Caesar of Japan and the quondam Emperour of Mexico in the West-Indies which stood not alone or solitary for the wonder of passengers or habitation only of Jack-daws as too many of 〈◊〉 uses of our Nobility and Gentry doe now foâ—â—ant of hospitality or the owners residence but were ever attended with a numerous and fitting retinue of Servants extracted out of the best and greatest Families of their Kingdoms and the wisest and most virtuous who as the Scripture saith being cloathed in silks and fine rayment had the honor to stand before Princes who had their Crowns of gold rich habiliments and costly utinsils their Jura insignia Majestatis rights and Ceremonies appropriate to Majesty and an Apartment state or fence betwixt them and the common usage or contempt of the people The which was so customary and usual in Davids time aâ— forespeaking the royalty of Solomon which was to succeed him he doth in his Psalms or holy Songs informe us that the Kings glory is great in Gods salvation who hath laid Honour and Majesty upon him all his garments smel of Myrrhe Aloes and Cassia out of the Ivory Palace whereby they have made him glad upon his right hand did stand the Queen in gold of Ophir the Kings Daughter is all glorious her clothing is of wrought gold and her raiment of needle work Nor would the outward pomp and shew of Kings and their Palaces Apparrel Ensignes of Honor and Majesty and all those Rites and ornaments which doe belong unto their Grandeur and Majesty be intire or as it should be if there were not a plenty and state also in their feeding daily recruits of nature and life and hospitality All which put together in a comely and most necessary combination and harmony do with the virtue power prudence and goodness of Kings and common Parents constitute and make that honor which doth justly belong unto them and so necessary as God himself commanded it by word of mouth twice wrote it with his own finger and by an early example severely punished Korah Dathan and Abiram for murmuring against Moses And therefore the Apostle Peter instructed by the Holy Ghost commands us as if one could not be without the other to fear God and honour the King And Aristotle who had been much at home as well as abroad and no young beginner or Pupil in Politicks but a Master of that most excellent and useful kind of learning how to govern and obey could even in his ignorance of God and of the Scriptures which he thought not worthy his reading conclude that Qua in civitate non maximus virtuti honos tribuitur in ea optimus civitate status stabilis firmus esse nullo modo potest no Common-wealth can be lasting or happy where the greatest honour is not given to virtue And St. Hierom a better Tutor in Christianity tells us that ubi honor non est ibi contemptus ubi contemptus ibi frequens injuria indignatio ibi quies nulla where there is not honor there is contempt and where there is contempt there are injuries and anger and where anger wrath no manner of quiet which to the Common people when Princes are wronged and enforced to take arms or use the sword is as good as a wind or Brawl amongst glasses And that which my worthy friend the very virtuous and learned Franciscus Junius the Sonne of that pious and learned Franciscus Junius who with Tremelius the Jew translated the Bible or Book of God out of the originall languages hath in his laborious travails and searches into the old Reunick Gothick Danish and Frisick languages and the Etymologies and Antiquities of the old Greek and Celtick Languages and the Saxon with her people derived from them been pleased to communicate unto me is not unworthy observation that the word Lord was antiently amongst the English Saxons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and afterwards came to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from whence per contractum or abbreviaion it came to be called lord Et quotquot se in magnatis alicujus clientelam se commendaverant appellaverunt dominum suum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quoòd suppeditasset panem i. e. omne alimentum qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicebatur And as many as came to be under the protection of any Lord or to hold Lands of them did call their Lord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signified a giver of bread because he afforded â—hem breâ—d which was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to which Etymologie agreâ—th the Cambro-Britannick or Welch derivation by Mr. John Davies where he deriveth Satrapaâ— nobilem dominum a Noble-man Lord oâ— Governor of a Province ab Hebraea radice significante pavit rexit homines from an Hebrew root or original signifying one that fed as well as governed men which Goropius Becanus alloweth to be the meaning of the Dutch word Hâ—â—t which signifieth prebentem vel offerentem alimenta a giver of victuals and food from which word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Mr. Junius who although he be a Dutchman born yet is very well acquainted with the English language by many years conversation amongst us remaineth amongst us to this day the word loaf or bâ—ead and the word Lady so much esteemed amongst us and misused and altered in the antient and honorable origination of it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a bread giver not a converter of their Husbands and his Auncestors Manors Lands Woods and Hospitality into Coaches Lacquies and the â—urnishing out of their over-costly Jewels and Apparrel Paintings and making new faces Black-patches or the Devils Brand-marks forty fifty or a hundred pounds lost in a night or afternoon at Cards and running up and down like so many costly and expensive Cleopatra's and half a dozen or a dozen of Mark Anthonies aâ—ter them make it their business to be lascivious and luxurious to tempt and be tempted and doe the Devil service When their Mothers and Grandams were better imployed in the more honest and honourable imployments of hospitality house-keeping charity and alms-deeds and receiving the love honour and applause of their Tenants and poor Neighbours And their Husbands Ancestors if of any
The Antiquity Legality Reason Duty and Necessity OF PRAE-EMPTION AND POURVEYANCE FOR THE KING OR Compositions for his Pourveyance As they were used and taken for the Provisions of the KINGS Houshold the small charge and burthen thereof to the PEOPLE and the many great Mischiefs and Inconveniences which will inevitably follow the taking of them away By FABIAN PHILIPPS Manilius 3 Perquè tot Aetates hominum tot tempora Annos Tot Bella varios etiam sub pace labores Virgil Aeneid lib. 8. Sic placida populos in pace regebat Deterior donec paulatìm Decolor Aetas Et Belli Rabies Amor successit habendi London Printed by Richard Hodgkinson for the Author and are to be sold by Henry Marsh at the sign of the Princes Arms in Chancery-Lane 1663. To the Right Learned and truely Noble Lord Christopher Lord Hatton Baron of Kirkby Knight of the Bath Governor of the Isle of Guarnesey and one of the Lords of his Majesties most Honorable Privy Council My Lord THE Holy Evangelist St. Luke in his Gospel and History of the Acts of the blessed Apostles when he inscribed or Dedicated it to his friend Theophilus hath given us to understand that the Dedication of Books unto such as would read and peruse them is no late or Novel usage for it was in those times or shortly after not thought to be unfitting or unnecessary to take the approbation and opinion of Grave and Learned men of such things as were to be made publicke as Plinius Junior in his Epistles informs us so that it may with reason and evidence be concluded that the Dedication of Books was not originally to procure the favor of some great or good Man neither were the Epistles Dedicatory heretofore acquainted with those gross Flatteries untruths or immense and accumulated praises of the Patrons or their Ancestors which some Foraign Printers for their own private gain do use in publishing Books out of some Copies and Manuscripts left by the deceased Authors or as too many German and other Authors have of late stuffed their Dedications withall which Heroick and great Souls do so little relish as the Books themselves would meet with a better entertainment if they came without them but one of the best and most approved usages of Dedications hath certainly and most commonly been derived from no other Source or Fountain then the great desire which the Author had there being before printing most probably but a few Copies sent abroad to receive the friendly censure and approbation of some Learned man who would in those days carefully read and peruse it and not as now too many men do oscitanter and cursorily take a view onely of the Frontispice or Title and lay it in the Parlor or Hall Windows to be idly turned over by such as tarry to speak with them or else crowd it in their better furnished then read or understood Libraries to make a Muster or great shew of such Forces as they have to bring into the Feild of Learning when there shall be any occasion to use them but neither then or before are able to finde or say what is in them But your Lordship being Master of the Learning in Books as well as of an excellent well furnished Library with many choice Manuscripts never yet published and very many Classick Authors and Volums printed and carefully pick't and gathered together out of the Gardens of good letters which an unlearned and reforming Rebellion and the Treachery of a wicked servant hired to discover them did very much diminish And your Eye and Judgement being able before hand to Calculate the Fate of the Author in the good or bad opinion of all that go by any Rules or measure of right Reason Learning or Judgement I have adventured to present unto your Lordship these my Labours in the Vindication of the Legality Antiquity right use and necessity of the Praeemption and Pourveyance of the Kings of England or Compositions for the Provisions of their Royall houshold for that your Lordship is so well able to judge of them and having been Comptroller of the houshold to his Majesties Royal Father the Martyr King CHARLES the First and to the very great dangers of your person and damage of your Estate like one of Davids good servants gone along with him in all his Wars and troubles when as he being first assaulted was inforced to take Arms against a Rebellious and Hypocritical part of his people in the defence of himself and his people their Religion Laws and Liberties and the Priviledges of Parliament and not only remained Faithfull to him during his life but after his death unto his banished and strangely misused Royal Issue when Loyalty and Truth were accompted crimes of the greatest magnitude and like some houses infected with the plague had more then one ✚ set upon them with a Lord have mercy upon us And did whilst that blessed King continued in his Throne and Regalities so instruct your self in those Excellent Orders and Government of his house as you have been able to enlighten and teach others amongst whom I must acknowledge my self to have been one and out of a Manuscript carefully collected by your Lordship concerning the Rules and Orders of the Royal houshold which your Lordship was pleased to communicate unto me to have been very much informed which together with the many favors with which you have been pleased to oblige me the incouragements which you have given me to undertake this work and the great respect and veneration which I bear unto your Lordships grand accomplishments in the Encyclopaidia large extent and traverses of all kinde of learning and your knowledge of Foraign Courts and Customes which being very extraordinary if you were of the ranke of private men must needs be very much more when it shall be added to the eminency of your Birth and qualitie and the Trust and Emploiments which his Majesty hath been pleased deservedly to confer upon you have emboldened me to lay these my endeavors before your Lordship submitting them to an utter oblivion and extinguishment and to be stifled in the Birth or Crâ—dle if they shall not appear unto your Lordship to be worthy the publike view and consideration Wherein although some may feast and highly content their Fancies with censuring me that I have been to prodigal of my labors in proving either at all or so largly the antiquity or legality of the Kings just Rights unto Prae-emption and Pourveyance or Compositions for them when as the Act of Parliament in Anno 12 of his now Majesties raign for taking them away doth give him a Recompence for them yet I may I hope escape the censure or blame of setting up a Giant of Straw and fighting with it when I have done or of being allied to such as fight with their own shadows or trouble themselves when there is neither any cause or necessity for it when as the Act of Parliament for taking away Pourveyance
and the Court of Wards and Liveries and Tenures by Knight Service either of the King or others in Capite or Socage in Capite did not expressely alleage or allow those Tenures and the incidents thereof to be their just rights but onely that the consequences upon the same have been much more burthensom grievous and prejudicial to the Kingdom then they have been beneficial to the King and alleadging also that by like experience it hath been found that notwithstanding divers good strickt and wholsom Laws some extending as far as to life for redress of the grievances and oppressions committed by the persons imployed in making provisions for the Kings houshold and of the Carriages and other provisions for his occasions yet they have been still continued and several Counties have submitted themselves to sundry rates Taxes and Compositions to redeem themselves from such vexations and oppressions and that no other remedy will be so effectual as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Majesty his heirs and Successors so as very many or most of the seduced and factious part of the people of this Nation having in the times of our late confusions been mislead or driven into an ill opinion of it may with the residue of the people be easily carryed along with the croud to a more then imagination that the Pourveyance and Prae-emption was no less then a very great grievance and that his Majesty was thereby induced to accept of a recompence or satisfaction for it and permit the people to purchase the abolition of that which they supposed to have been a grievance which do appear neither to be a grievance nor recompence but a great loss to the King and as much or more in the conclusion consideratis considerandis to the people And that the vulgar and men of prejudice and ignorance are not so easily or with a little to be satisfied as the learned and that in justification of a business from those Obloquies so unjustly and undeservedly cast upon it and so highly concerning the King and his people and in a way nullius ante trita pede altogether untroden wherein I cannot honor and obey the King as I ought if I should not take a care of the rights of his people which is his daily care nor love them or my self if I should not do all that I can to preserve his regalities I can be conscious to my self of many omissions and imperfections in regard of sundry importunities of Clients affairs some troublsome business of mine own which either could not or would not give me any competency of time or leasure but did almost daily and many times hourely take me off as soon as I was on and so interrupt and divert me as I had sometimes much ado when I got to it again to recollect my scattered thoughts and materials and Writing as the Printer called for it with so great a disturbance and a midst so many obstructions may possibly be guilty of some deformities in the method or stile some defects or redundancies impertinent Sallies or digressions or want of coherencies which might have been prevented or amended if I could have enjoyed an Otium or privacy requisite for such an undertaking or have had time to have searched the Archives and too much unknown or uninquired after Records of the Kings just legal Regalias or those multitudes of liberties customs and priviledges which the Lords of Mannors and their Tenants do at this day enjoy by the favour of the King and his royal Progenitors or to have raked amongst the rubbidge of time long ago tripped over and the not every where to be found Abdita rerum or recesses of venerable Antiquity or to have viewed all at once what I had done in its parts and delineations and perused it before it was printed in a compleat Copy with a deliberation necessary to a work of that nature and concernment But howsoever I speed therein I shall like those that brought the Pigeons or Turtle Doves instead of a more noble sacrifice content my self libâsse veritati to have offered upon the Altar of truth what my small abilities and greater affections could procure whereby to have incited such as shall be more happy in their larger Talents to assert those truths which I was so willing to have vindicated and to have rectified that grand and popular groundless mistake and prejudice which multitudes of the common people have by the late Vsurping Powers been cunningly taught to have against it And whether they intended evil or good thereby might be easily misled or mislead themselves to scandalize such an Ancient Legal and reasonable custome and Right of the King when as the great Civilian Paulus saith Rerum imperiti censuram sibi de rebus quibusdam arrogant volentes esse Legis Doctores nesciunt de quibus loquuntur nec de quibus affirmant ambitiosè pervicaciter insolenter ineptè de magnis rebus statuere And it was but a trick of the godless Tyrant and his company of State Gipsies to make the people the more able or willing to covenant and ingage for the maintenance and perpetuity of their Sin and Slaverie and to bear and suffer greater burdens taxes and oppressions then ever Englishmen did before And whatsoever the Fate of these my labors shall appear to be can conclude in magnis voluisse sat est and subscribe my self Your Lordships affectionate servant Fabian Philipps THE CONTENTS OF THE CHAPTERS CHAP. I. THe Antiquity of the Royall Pourveyance and Praeemption for the maintenance of the Kings Houses Navy Castles and Garrisons attended by a Jus Gentium and reasonable Customes of the most or better part of other Nations page 9. CHAP. II. Of the Vse and Allowance of Pourveyance in England and our British Isles p. 44. CHAP. III. The reason of Praeemption and Regall Pourveyance or Compositions for the Provision of the Kings Houshold p. 97. CHAP. IV. The right use of the Prae-emption and Pourveyance or Compositions for them p. 234 CHAP. V. Necessity that the King should have and enjoy his ancient rights of Prae-emption Pourveyance or Compositions for them p. 268 CHAP. VI. The small charge of the Pourveyance or Compositions for it to or upon such of the people as were chargeable with it p. 329 CHAP. VII That the supposed plenty of money and Gold and Silver in England since the Conquest of the West-Indies by the Spaniards hath not been a cause of raising the prices of food and victuals in England p. 341 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 p. 400 The Antiquity Legality Reason Duty and Necessity of Prae-emption and Pourveyance for the King Or Compositions for his Pourveyance as they were used and taken for the Provisions of the Kings Houshold the small
the Tenants charges to the Lords Granary Gabulum mellis or Rent-honey 〈◊〉 gavel Rent-oates Wood-lede to carry home his wood Gavel or Rent-timber to repair his house and Gavel dung to carry out his dung often used in Kent where they think that in liberties and priviledges they doe surpass most of the other parts and Provinces of England And could at the same time also lay a greater burden upon the people then his pretended ease amounted unto in that his Law touching his own Demeasnes and enjoyn the Romescot or Peter-pence for every house or chimney which he had given the Pope larga maâ—u penhenniter as Bromton saith and a charge upon the people to a perpetuity as he thought of that which the former Kings had made but some temporary grants of to the See of Rome with great penalties for the non payment thereof And under severe mulcts commâ—nded the yearly payments of the Cirickseaâ— or Oblations for First fruits to the Church which was then as Mr. Somner saith à census sâ—â—e in gallinis sive in aliis rellus pro aedium decima solvendis a Rent or Duty to be paid in Henns or other things for the Tithes of their Houses or as a Symbolum or munus gift or offering And though William the Conqueror had a great affection to establish Leges Noricas Danish or Norway Lawes then used in many Provinces yet was England so happy in its unhappiness as he did not but precibus Anglorum atque Normannorum deprecâ—tus tired with the petitions and importunities as well of his Normans as the English ut per animam Regis Edwardi qui sibi post diem suum concesserat câ—ronam regnum cujus erant Leges nec aliorum extraneorum exaudiendo concederet eis sub legibus perseverare paternis as he respected the soul of King Edward who gave him the Crown and Kingdome and whose Lawes they were and not any strangers that he would not hearken unto them but give them leave to enjoy the Lawes of their Ancestors whereupon consilio habito precatu Baronum by the advice and counsel of the Barons when his conquering Normans as well as the subdued English thought it to be most for their good and safety to be governed by Edward the Confessors Lawes and the good old Customes of England he did after an enquiry of duodeâ—im sapientiorum de quo libet comitatu quibus jurejurando injunctum fuit twelve of the wisest men of every County upon their oaths restore to them patriae leges their own Laws especially the Laws of Edward the Confessor which were first instituted by King Edgar and had long lain asleep but at the same time took a care by a Law made on purpose ne quis domino suo debitas praestationes which did then and antiently signifie services and duties to be done subtrahat propter nullam remissionem quam ei antea feâ—erit that no man upon any release or discharge made thereof should withhold or deny his service or accustomed dues to the Lord which repealing as it were Canutus his Law did not certainly exclude the King or his Successors in their own particulars when as he procured by another Law ut jura regia illaesa servare pro viribus conentur subditi that all his Subjects should endeavour all they could to preserve his Regalities Et ex illo die the Laws of Canutus vanishing probably as those of Cromwell did Leges Sancti Edwardi multa autoritate veneratas per universum regnum corroboratas et observatas and from that time the Lawes of Edward the Confessor were greatly reverenced and through all England observed For we find not that Law of Canutus either repeated or mentioned as the Laws of some of the Saxon Kings were or any thing of that nature enacted or confirmed in or by the Laws of Edward the Confessor William the Conqueror or King Henry the the First but on the contrary the Laws of Edward the Confessor confirmed by William the Conqueror doe expresly ordain that debent enim et leges eâ— libertates jura et justas consuetudines regni et antiquas a bonis predecessoribus which could not well be meant or intended of any of Canutus or any the Denelage or Danish Lawes approbatas inviolabiliter modis omnibus pro posse suo servare every man ought to his utmost to keep and conserve the Lawes Liberties and Rights and the just and antient Customes of the Kingdome The Abbot of Ramsey was by a Charter of William the Conqueror exempt from carriages and Pourveyance And the Book of Doomesday which was made in the sixteenth year of his Reign and remains ever since an unquestionable record of the Kingdome is not without some vestigia or footsteps of Pourveyance in the Reign of that good and to this day ever honored King Edward the Confessor where it is said that tempore regis Edwardi reddebat civitas de Gloucester xxxvi l. numeratas xii sextaria mellis ad mensuram ejusdem Burgi xxxvi Dacras ferri C. virgas ferras ductiles ad claves navium Regis quasdam alias minutas consuetudines in Aula in Camera Regis in the time of King Edward the Confessor the City of Gloucester did pay yearly six and thirty pounds in money twelve measures of honey containing six Gallons a piece according to the measure of the Town six and thirty Dacres a proportion then known by that term of Iron and one hundred Rods of Iron to make nails for the Kings Ships and certain other small Customes for the Hall and Chamber of the King Et in Sciptone Rex tenet de annona xv l. the King had fifteen pounds per annum provision of corn and other victuals The Bordarii often mentioned in Doomesday Book were such as held Lands mensae domini designatas esculenta indicta videlicet ova gallinas aucas porcellos et hujusmodi ezhiberent appropriate to a Pourveyance for the Kings Table furnishing Eggs Hens Geese Pork and the like and for the Huscarles or houshold servants so called concerning whom it is there said Et gilda pro decem hidis scilicet ad opus huscarlum unam marcam argenti and he paid taxes for ten hides that is to say a mark of silver for the use or maintenance of them Tit Northantesceire reddit firmam trium noctium vel edulia ad caenam unam 30. lib. ad pondus made provision for one night of the value of thirty pound tit Oxenefordsc Comitatus Oxeneford reddit firmam trium noctium hoc est 100 lib. furnisheth provision for three nights of the value of 100 pound Et Doomsd. tit Wilts Wilton quando Rex ibat in expeditione vel terra vel mari habebat de hoc manerio xx sol ad pascendos suos Buzcarlos aut unum hominem ducebat secum pro honore quinque hidarâ—m when the King went
or some other sum of money in a Bill of four or five pounds and give an acquittance for it as if they themselves had received it So as all manner of cozening and artificial and newly devised trim ways of cheating under the pretence and colour of Religion honesty and doing of faithful service having like some Epidemick and general contagion infected and spread it self through almost all the ranks and degrees of the people the King who is like to be most abused by it hath now a greater necessity then ever of his Compositions for Pourveyance and of the several Counties serving in their Provisions for that otherwise so great a number of Harpies and Gypsâ—es as his officers and servants shall meet with in the buying of his houshold Provisions will make a great allowance or assignments in money for houshold expences which several Acts of Parliament in the Reign of King H. 7. King H. 8. Queen Elizabeth and King James did in aid of the Pourveyance or Compositions for them limit and appoint to be paid towards the charge of house-keeping out of several parts of the revenue as some out of the profits of the Court of Wards some out of Fee Farm Rents and others out of the Customes yet unrepealed to be but as a very little and render it altogether insufficient and not the one half so much in value as the allowance or money shall seem to be Or if the King had had a yearly sum of money to be yearly charged upon the people and paid by them in lieu of the Pourveyance as it was designed by a Bill for an Act of Parliament thrice read in the house of Peers in Parliament in the first year of the Reign of King James and passed and sent down to the house of Commons and being by them not assented unto but another Bill for an Act of Parliament prepared and sent up in stead of the former and the abolishing of all Pouâ—veyance and fifty thousand pound per annum in recompence thereof granted to be leavyâ—d upon the Lands in every County of England and prosecuted no further then the twice reading of that Bill Such an yearly sum of money being afterwards yearly drawn and forced from those uses by some greater necessities would have left the King to more wants and his people to a greater necessity of supplying him or if it had been then as it is now supposed to be satisfied by a grant of the moiety of the Excise of Ale Beer Sider Perry and other compounded drinks to be yearly paid to him his heirs and Successoâ—s those yearly profits would have been under the like fate of being otherwise imployed and whether in that way or by the fifty thousand pound per annum to be charged upon the people would not have been a just and adâ—equate recompence for the yearly loss if no more of seventy three thousand six hundred pounds fourteen shillings and seven pence which the King now sustaineth for want of his prae-emption Pouâ—veyance or Compositions for them by how much the sum of seventy three thousand six hundred pounds fourteen shillings and seven pence per annum if no furâ—her addition of damage should happen exceedeth fifty thousand pounds per annum and by how much the moiety of such an Excise might as it doth now fall a great deal short of the estimate or yearly Income which it was believed to be Nor can come up unto that equality or rule of justice which ought to be in laying of Assessements or Taxes upon the common people for a general and publike good wherein every man being concerned ought to contribute for that such a Tax or Imposition for the Pourveyance will be as wide of it as to lay the burden of the rich upon the poor compell the Aged Lame or Impotent to maintain the young more healthy and able or to enforce a contribution of the County of Oxford towards the See Walls Inning of Marshes or draining of Fennes in Norfolk and Lincolâ—eshire constrain men to fraight out Ships and pay custome for the goods of Merchants when they shall partake nothing of the gains and make all the Counties and people of England to pay a far greater Tax then the Compositions for Pourveyance amounted unto for to purchase a discharge of Compositions for Pourveyance which lay but lightly upon all but twelve or thirteen Shires or Counties which are near adjacent unto London and gave them little or no trouble at all to ease those twelve or thirteen Counties which gained ten times more by the Pourveyance and the Kings residence at London then what they ever paid or contributed towards it And may well miscarry in the hopes ot wishes of the peoples content or approbation when as such a recompence as the King is supposed to have by it and as much again laid upon the people by the fraud and exactions of the Brewers and sellers of Ale and Beer c and the peoples oppressing and cheating of one another by pretence and colour of it and in the Farming or collecting of it shall be extorted or taken out of the necessities or excess of his subjects the groans and complaints of the poorer sort of them and the murmurings and discontents of the rich more able to bear it who will not be perswaded but that it is an Artifice of the Nobility and Gentry to ease themselves of other necessary duties and payments by taking it off their own shoulders and putting it upon theirs And the poorer sort of people who were never used to be troubled with any charge or payments towards Pourveyance and Compositions and by their weakness of Purse and Estate are always more sensible and complaining of any burdens which shall be laid upon them shall as they will finde themselves to be loosers in the rise and heightning of all victuals and provisions to be bought as much or more then the yearly charge of the Kings Pourveyance and Compositions did amount unto for that the Kings price will increase that of the Nobility that of the Nobility will raise the Gentry in their prices and the unreasonable rates and prices which the Gentry must be constrained to give will raise that of the common people and a price once raised and fixed but for a little time is so by the craft and sinful pretences of the sellers kept up and continued as it seldom falls again but riseth higher and higher and as far as they can possibly stretch or strain it so as none will be gainers but the sellers who are not a third part of the people and their gains must be made out of the losses and damage of the King and two parts of the people Who will also be put in a worse condition when the King by a daily waste and consumption in his Revenue by such exactions and prices imposed upon him in buying his houshold provisions at such intollerable rates and prices as the unbounded avarice gnawing and grinding advantages of
all their Customers and Inhabitants of London who paying for it in the smalness of their Ale and Beer and of the measure were notwithstanding no loosers by it when as the damage that the poorest sort of house-keepers received thereby came not when their gains were least unto the twentieth penny nor of the richer to the hundreth or two hundreth peny of what they gained by the Kings residence by trade letting of lodgings or the greater rent of their houses and if the Brewer had paid it himself and not laid it upon his Customers might for his priviledge in Brewing in the Cities of London and Westâ—minster and not being removed or punished for the Nuisance have very well afforded so small a sum as four pence in every quarter of Mault containing Berkshire Cheshire Cornewall Devonshire Gloucestershire Hertfordshire Herefordshire Kent Northampton Norfolk Somersetshire Surrey Sussex and London may give the prospect of the rest and how small the proportions were which were charged upon such as were to bear or pay them may make it appear that that so much now of late complained of charge of Pourveyance or Compositions for them will be so little as there will be no cause at all for it when as the yearly charge of buying Babies Hobby horses and Toys for children to spoil as well as play with which costs England as hath been computed near one hundred thousand pounds per annum or of amending the High ways yearly Treatments given to Harvest Folk or the expences of an Harvest Goose and a Seed Cake given yearly to their Plow-men keeping a Wake or Parish Feast every year or the monyes which the good Women in every Parish and County do expend in their Gosshippings at the birth of their Neighbours Children or many other such like trivial and most cheerful and pleasing expences will make the foot of the accompt as to the several kinds of those particulars to be a great deal more then the charge of that necessary duty of Pourveyance or Compositions for them which was so â—asy and petit as in most of the Counties of England it was many times not singly rated or assessed by it self but was joyned with some other Assessements and in Kent where more was paid then in any one County near London it was so little felt and regarded as a Tenant paying one hundred pounds rent per annum for his Land did not think it to be of any concernment for him to reckon it to his Landlord and demand an allowance for it Which caused the people of Oxfordshire Barkshire Wiltshire and Hampshire upon his now Majesties most happy restoration receiving his gracious letters offering them the Election of suffering him to take his Prae-emption and Pourveyance or to pay the Compositions to return answer by their letters which were read before the King in his Compting-house in White-Hall that they humbly desired him to accept of the Compositions And all the other Counties and the generality of the people of the smaller as well as greater Intellectuals to understand it to be so much for the good of the King his People as many of them are troubled and discontented that he hath them not And they who causing the Markets and the prices of things to be so unreasonably dear and excessive by their own raising of prices for their own advantages may when they please make the difference betwixt the Kings rates and theirs to be none at all or much lesser if they would but sell as cheap as they might afford their commodities according to the plenty of Victuals or provisions which is in England The high prices and rates which are now put upon Victuals and Provisions for Food and House-keeping being neither enforced nor occasioned by any plenty of Gold or Silver in England and if there were any such store or abundance of it non causatur effective cujus effectus est necessarius nisi aliunde impediatur could not be so the sole or proper cause of it as if not otherwise hindered it could not want its necessary effect Berkshire Cheshire Cornewall Devonshire Gloucestershire Hertfordshire Herefordshire Kent Northampton Norfolk Somersetshire Surrey Sussex and London may gâ—ve the prospect of the rest and how small the proportions were which were charged upon such as were to bear or pay them That so much now of late complained of charge of Pourveyance or Compositions foâ— them will be so little as there will be no cause at all for it when as the yearly charge of buying Babies Hobby-horses and Toys for children to spoil aswell as play with which costes England as hath been computed near one hundred thousand pounds per annum or of amending the High ways yeerly Treatments given to Harvest Folk or the expences of an Harvest Goose and a Seed Cake given yearly to their Plowmen keeping a Wake or Parish Feast every year or many other such like trivial and most cheerful and pleasing expences will make the foot of the accompt as to the several kinds of those particulars to be a great deal more then the charge of that necessary duty of Pourveyance or Compositions for them which was so easie and petit as in most of the Counties of England it was many times not singly rated or assessed by it self but was joyned with some other Assessements and in Kent where more was paid then in any one County near London it was so little felt and regarded as a Tenant paying one hundred pounds rent per annum for his Land did not think it to be of any concernment for him to reckon it to his Landlord and demand an allowance for it And the people of Oxfordshire Barkshire Wiltshire and Hampshire upon his now Majesties most happy restoration receiving his gracious letters offering them the Election of suffering him to take his Prae-emption and Pourveyance or to pay the Compositions returned answer by their letters which were read before the King in his Compting house in Whitehall that they humbly desired him to accept of the Compositions And all the other Counties and the generality of the people of the smaller as well as greater Intellectuals do understand it to be so much for the good of the King and the people as many of them are troubled and discontented that he hath them not And they who causing the Markets and the prices of things to be so unreasonably dear and excessive by their own raising of prices for their own advantages may when they please make the difference betwixt the Kings rates and theirs to be none at all or much lesser if they would but sell as cheap as they might afford their commodities according to the plenty of Victuals or provisions which is in England The high prices and rates which are now put upon Victuals and Provisions for Food and house-keeping being neither enforced nor occasioned by any plenty of Gold or Silver in England and if there were any such store or abundance of it non causatur effective
exemption by an Assessement to be made for that purpose Or by the West Indians in Guaxara who by order of the high Justice do deliver unto Fryers travailing that way if they have no money Horses to ride on or to carry their carriages or provision without money so that at their departure they write it down in the Town book what they had spent and not abide above four and twenty hours in the Town where by a contribution their expences are defrayed Or by the old Irish one of which being a Tenant of Termonland or Land belonging to the Church and unwilling to change his old customes for new said to the Bishop of Dermot of whom he held his Lands non debet dominus mutare censum antiquum sed si careat rebus necessariis vaccis pinguibus c. debet ad nos miâ—tere Et nos debemus subministrare nam quaecunque nos habemus Domini sunt nos etiam ipsi illius sumus My Lord ought not to change his ancient Customes Rents or services due out of the Land but if he wanteth necessary provisions for his house and family as fat Cows c. we ought to furnish them for whatsoever we have are his and we our selves are the Lords Or by the modern Irish or inhabitants of Ireland who notwithstanding the Pourveyance or Compositions for Pourveyance and Prae-emption allowed to the Kings Lord Lieutenant of that kingdom could since the abolition of that most useful necessary custome in England offer if Fame did not mistake her self an yeerly supply of 3000. Irish Oxen or Cattel towards the support of the King and his Family and have besides in their Act of Parliament lately made for the execution of his Majesties Declaration for the setlement of that kingdom consented That the Lord Chief Justice of his Majesties Court of Kings Bench the Lord Chief Baron of his Majesties Court of Exchequer and the Master of the Rolles or any other his Majesties Officers of that Kingdom for the time being shall and may have and receive such Port Corn of the Rectories Impropriations or Appropriate Tythes forfeited unto or vested in his Majesty his heirs â—nd successors which have been formerly paid or reserved Or by the Scots a people never as yet exceeding or so much as keeping even pace with their neighbors of England in civilities kindness and gratitudes who when their King Malcolme who raigned in Scotland in Anno Dom. 1004. had given and distributed all the Lands of the Realm of Scotland amongst his men and reserved na thing as the Act of Parliament of 22 Jac. 3. beareth in property to himself but the Royal dignity and the Mute hill in the Town of Scone could give and grant to him the ward and relief of the heir of ilke Baron quhan he sold happen to deceis for the Kings sustentation And did notwithstanding so well esteem and allow of those ancient rights of Pourveyance or Compositions for them as in the Raign of their King James the 4. in the year of our Lord 1489. The Lords spiritual and temporal and uthers his Leiges did declare in Parliament that it was the Kings property for the honorable sustentation of his house according to his Estait and honor quhilk may not be failized without great derogation of his noble Estaite and that his true lieges suld above all singular and particular profit desire to prefer the noble Estaite of his Excellence like as it was done in the time of his maist noble progenitors of gud minde And did therefore think it neidful expedient and reasonable And did statute and ordain that full derogation cassation and annullation be maid of all Gifts Donations Infeftments Fewes life Rents given by his Hieness to quhat sumever person or persons sen the day of his Coronation swa that all Lands Rents Customes Burrow Mailles Fermeâ— Martes Mutton Poultery avarage carriage and uther Dewties that were in the hands of his Progenitors and Father the day of his decease notwithstanding quhat sumeuer assignation or gift be maid thereupon under the Great Seal Privy Seal or uthers be all utterly cassed and annulled so that the haill profits and Rents thereof may cum to the King to the honorable sustentation of his house and noble Estaite Or so much degenerate from the Brittaines our Ancestors and predecessors who were heretofore so glad of any occasions to express their love and honor of their Princes as when they made their progress or had any occasion to visit any of their houses they flung the doors off the Hinges and gave them open hearted and free entertainment Nor deny those respects and duties to our Kings which no other Nations do refuse to their Kings or Princes which may make us to be an hissing and reproach to other Nations and by using our head so ill to be esteemed as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people without an head or the Sciopedes who are reported to have such large feet as they can when they please cover their head with it and never let it be said that when a factious and rebellious part of our people could in the year 1656. suppose it to be their Interest to exchange with Cromwell their Antichrist or Mahomet their Religion Laws and liberties for his Tyrannical and Arbitrary will and pleasure and petition him in their Conventicle or pretended Assembly of Parliament that he would besides the remainder of the Kings Queens and Princes Revenues not disposed of except Forrests and Chaces and the Mannors thereunto belonging and of all the Lands of Delinquents in the Counties of Dublin Kildare Clare and Katerlaugh the forfeited Lands in Scotland which were great and considerable two parts of the Recusants Lands in England not compounded for and all Debts Fines Penalties Issues and casual profits belonging to the Keepers of the liberties of England so miscalled which was by them and their fellow Usurpers setled upon him and was of it self a Revenue too great for all the Brewers of England to accept of ten hundred thousand pounds sterling per annum to be leavyed upon the people with such other supplies as should be needful to be raised from time to time by consent of that which they Nick named a Parliament and three hundred thousand pounds per annum to be raised for the charge of the Administration of Justice and support of Government which he thinking not enough to serve his wicked occasions designes or desires to â—lay or keep in exile the heir of the Kingdoms tells his dutiful Parliament at a conference in April 1657. that the charge of the Government would yearly amount unto ninteen hundred thousand pounds sterling and therefore though the war with Spain should cease desired that the thirteen hundred thousand pounds per annum might have six hundred thousand pounds per annum more added thereunto and that that could be willingly assented unto and all the Loyal party enforced and driven to submit
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