enforce them in requital thereof and care of themselues to stretch as much or more the prices of their Cattel and Commodities because their Landlords were insatiable and did never think their Rents high enough raised as long as they could find any pretences to raise them higher or any one to give them the utmost penny when they should not be able to pay their Rents maintain their wives and children and have some little comfort or incouragement by their honest labours unless they should as much as they could make every thing as dear as they could and imitate or exceed them All which combining and strongly confederating together his mersere malis have brought many an evil upon the Kingdome made our Atlas burthen much the heavier the poorer sort of the people to be greatly impoverished and devoured like sheep and the landed and richer part like the Israelites with Quails in their mouths murmurring in the midst of their peace and plenty and thinking that to be thanks enough for them and all their Mannah And like those which distempering their bodies and breeding and causing their own diseases are unwilling to acknowledge themselves to be the Authors of what they complain of but would willingly make the aire and heavenly influences to be in the fault and when they make the high wayes the fowler by their own travailing and riding in them and the worse for the next that shall come after them will lament the deepness or foulness of them Or as Landlords which can grievously complain and wonder at the high rates of Flesh Fish Corn Butter Cheese and other houshold provisions at the Markets when the enhauncing of their own pride extravagancies and profit to maintain them and sequestring themselves from the virtues and hospitalitie of their more beloved and honored Ancestors when they have any thing to buy themselves will not as they should lay the blame upon their own letting their Lands by exact and strict measures of the Acres Rods and Perches to the utmost rack and farthing and in many places by as much indiscretion as unconscionableness apportion and limit the wood which the Tenants are to burn or use by the loads as if it were something more pretious or to be brought by degrees to be weighed by the pound or ownces and will have more rent many times to be paid for it then can possibly be made of it with as many nomine paenes and impossible to be kept Covenants and restrictions as hard-hearted curiosity and diffidence can contrive and invent to the sometimes ruine or great losses of the Tenants in their endeavours to improve and make their Farms yeild as much as their Rents doe amount unto which necessitates them to sell every thing which they have to sell at the highest rates And by so letting their Lands at the highest rent and ten times higher then their Grandfathers some only few good and worshipfull imitators of their Progenitors virtues excepted or as much as can be gotten are not only the greatest cause of the enhaunching of all prices of provisions but by making another as great an advantage to themselves Do when as they do not pay Rents as their Tenants doe for the Lands out of which they raise their commodities add to the prejudice of the Buyers by holding of them up to the rates and humour of the Markets and getting as much as they can possible for what they themselves do sell and send to the Markets And by such or the like profitable and beneficiall customes which are sweet in the mouth or unto the taste but may be bitter in the stomach or digestion of making their benefits by the losses or oppression of the Buyers which at the Markets with those reckoned and included which are at home and to be fed with what is bought or brought from thence are forty for one that are sellers and those that have either Lands of their own or at a Rent are not one in every twenty for those which have not have very much enlarged their own Estates and impoverished the Commonalty Wherefore all those of our Nation which like the wanton at last unhappy Sybarites now troubled with a great deal more under a slavish government and dominion of the Turks then the crowing of the Cocks in the night time to disturb their sweet sleeps or repose which once they were so foolish as to account an inconvenience would but summon in their consciences and a right understanding of causes and effects to the Tribunal of reason and observe the dictates of that and common right The Praeemption which was never used to be denied to praeheminence but alwayes attended it as an insepeperable Concomitant and Consequence and so esteemed to be rational as the rude and unmannerly Dutch with their heads in a piece of a Rug and their good manners running out of their knees can afford it to the lowest rank of their Heeren self-created Lords or States or to a Schepen or Sindic Sheriffe or Recorder of a Town would not be found to be a grievance and where any Priviledges as there ought to be many are associate and incorporate with Soveraign Majesty the King of England under whose grants and allowance only every Seller as well as Buyer at Fairs and Markets claims and enjoyes the liberty of buying and selling should not himself be unkindly used or his Pourveyors debarred the liberty of a first Buyer which was in Anno 720. or thereabouts understood to be so necessary and inherent to Kingly authority and Supereminence the reverence respect and duty belonging unto it and a priviledge so just and reasonable and becoming Subjects to be well contented with and the Regality of Kings not to part with as King Ina one of our Saxon Kings did by a Law prohibit Fore Fang or Captio Obsâ—niâ—rum quae in Foris aut Nundinis ab aliquo fit priusquam Minister Regis ea caeperit quae Regi fuerint necessaria the taking or buying of houshold prouisions by others in Fairs or Markets before the Kings Minister or Pourueyor took those things which were necessary for the King the words of that Law as the learned Sir Henry Spelman hath in the Version rendred them de Fore fang 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Saxon signifying ante or before and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere or to take i. e. de preventione decrevimus per totam Angliam quod idem judicium teneri debet We ordain that this Law of Prevention or Praeemption be firmly holden throughout all England And is more fit to be allowed unto the King whose just Rights and Jurisdictions every man is sworn or ought to swear to maintain and defend If there were no fifth commandement in being or any other Praecept in Scripture to honour and obey the King then unto Lords of Manors having Markets and Fairs belonging unto them or the Lord Maior or Sheriffs of London or the Magistrates of any other City or Town Corporate in England
wept for him that was in trouble and sate chief and dwelt as a King in the Army as one that comforteth the mourners the ears that heard him blessed him and the eye that saw him gave witness to him when men gave care and waited and kept silence at his counsel although it must be acknowledged that there are now some of the Gentry more learned accomplished then in former ages and might equall or goe beyond their worthy and honorable Ancestors if they would but imitate their Alms-deeds and hospitality and not permit their greater expences in matters less warrantable and laudable to make and enforce an avaâ—ice or Rubiginem animarum canker or rust of the soul to hinder or keep them from it And Gentlemen were not then as too many now are the fools of the Parish and so little valued as they are now when too many of them may be beaten and kickt in the Market-places in the view and sight of their over-racked and disobliged Tenants piget pudet dicere I would there were no cause or occasion to speak it and with their few attendants of Sicophants Pimps and Foot-boyes be as little helped or regarded by the Common people as a ridiculous pride and a large and wastfull retinue of sins and folly ought to be But kept great hospitalities and were heretofore in their houses in the Country as the Dii Tutelares of the poor or such as were in any want or necessitâ—es the Cities of refuge in all their distresses the Esculapius Temple for wholsome or honest medicaments or unmercinary cures of wounds and diseases which the good Ladies and Gentlewomen their Wives or Daughters were then well practised in and had great respects and reverence paid unto them for it And see how little is now done in any of those kinds if he hath any fear of God or care of goodness love or respect to his Country and posterity forbear a bewailing of the ruine and decay of the moralities virtues and honor of England and wonder how that only remaining relique of our fore-fathers magnanimity and virtues that seed plot of love and good will which the Angels in their song and rejoycing at the birth of our Jesus and Redeemer proclaimed to be a blessing that seminary of reverence honor and respect that ligament and tye betwixt the inferiours and superiours that incitement and encouragement to reciprocations of love and duty and that heretofore so famous and well imployed strength and power of the Nobility and Gentry should be disused and laid side and that those laudable pious and honorable actions of Hospitality and Charity in which our Kings of England so much delighted and by a solemn and thrice repeated crie or proclamation made by one of the Heralds of a Largesse a Largesse at the creation of every Baron Earl or Duke being as the cry or joy of the Harvest mentioned in the holy Scriptures and at St. George's Feasts did put the Nobility and Gentry in mind to doe the like in their several orbes and stations should be now restrained by the want of Pourveyance or Compositions for it or that there should be any endeavours to decay and hinder it at the fountain or well head by stopping the pleasant and refreshing waters which gladded our Sion and the Inhabitants thereof and made it to be the terror of all the Nations round about us or that any should think it to be for the good and honor of England to lessen that hospitality and plenty in the Kings House or Court which is so pleasing and suitable to the humor and constitution of the English Nation hath gained the Kings of England so much love at home and honor abroad maintained so fair a correspondency and intelligence betwixt the Court and Ministry and relieved the poor and needy the Widdow and the Fatherless And is so essentiall and proper to Majesty as David when he offered sacrifice unto the Lord after the bringing back of the Ark did give to every one of the people men and women a Cake of bread a good piece of flesh and a Flaggon of wine and so customary as the Romans could not think themselves secure in the good wills affections of the people without their Epulae and publick Feasts and caressing of the people which Julius Caesar nor his Successor Augustus would not adventure to omit Nor Domitian and Severus who gave oyle wine and other necessary provisions a Fin as Lois d' Orleans rightly understood it d' concilier l' amour de leurs Subjects quils prenoient par lebouchâ— to procure the love of the people who were taken by the mouth and was so customary in France as well as England as at a great solemnity there after that our King Henry the fifth had espoused the Daughter and Heir of France and the people of Paris in great numbers went unto the Louvre to see the King and Queen of England sit at meat together with their Crowns upon their heads but being dismissed without an invitation to eat or drink by some of the Officers or Masters of the houshold as they were accustomed they murmured exceedingly for that when they came to such grand solemnities at the King of Frances Court they used to have meat and drink given them in great plenty and those which would sit at meat were by the Kings Officers most abundantly served with wine and victuals and at extraordinary Feasts as that at the marriage of King Henry the fifth of England and the Lady Katherine Daughter of Charles the sixth King of France had Tables furnished with victuals set in the streets where they which would might sit and eat at the Kings charges as was afterwards also done at Amiens at the enterview of Lewis the eleventh of France and Edward the fourth of England And was there in those dayes most laudably used a fin dâ— unir le peuple au Roy les pieds a la teste pur affirmir le corps politick le lier par une gracieuse voire necessaire correspondence to the end to fasten the people unto the King and the feet unto the head to strengthen the body politick and unite all the parts thereof by a loving and necessary compliance and was an usage so well entertained in other Nations as the Tartars and Laplanders would not be without it and the Graecians thought themselves dishonored if there were not a more then ordinary care to entertain strangers of free cost insomuch as a Law was made amongst the Lucani to punish such as took not a care of them and the Swedes and Gothes esteemed it to be so great an unworthines not to doe it as they did by a Law ordain That whosoever denied lodging or entertainment to any strangers and was by witnesses convicted to have thrice offended in that kind his house was to be burned Those or the like kind and charitable customs haveing so crept through the cranies of humane
to even the Tax or Assessements of the people or to make them to be just so much and no more then the Kings wants but were alwayes like the Tax in France for money to buy the Queen Pins or the Aids given to some Foreign Princes to marry their eldest daughters which amounted unto many times double the sum of the greatest portions which they gave with them or the Aides in England to make the Prince or the Kings eldest son a Knight when the expences never came neer the sum contributed and as heretofore the City of London and other Cities and Corporations have done in their Taxes and Subsidies leavyed upon the Citizens and Townesmen which did usually by a considerable everplus furmount the necessities and occasions of them Or if there could be any Reason Prudence or Religion for the people to permit their Soveraign who is to protect and defend them to live under the Tyranny discredits and pressures of Debts and necessities when as that which is grievous or too much for him to bear may easily be supplyed or helpt by a contribution of the multitude or many giving every one a little It cannot be for their good that the Kings small Revenue and the Hospitality and honor of his house-keeping should be subject to the enhaunce of Prices cosening and cheating of Tradesmen and of every one which his Officers and Servants shall have occasion to deal with or that the Royal Revenues should be like Pharaohs lean kine devoured by the fat or daily tormented and gnawn upon like Titius heart in the Fable with greedy and never gorged Vultures Which if the King and his Revenue could bear at the present will be every year and oftener more increased as the pride of the people and their avarice and cheating to maintain it shall multiply When such a great Provision of Meat and Victuals as is necessarily to be made for the Kings houshold and his multitude of Servants and Attendants will when his Provision shall not be sent in as formerly to his Court which did prevent it sweep and take away the best sorts of Provisions from the Markets and as experience hath already told us make scarce and dear all Commodities not only in the Markets within the Virge or in or near London but in the more remote places or threescore miles off and as far as Salisbury all that can be brought to the Markets near the Kings residence or his occasions Teach the people to heighten their Prices whose measure and rule of Conscience is to ask high rates and take as much as by any pretences tales falshoods or devices they can get and more of the King Nobility and Gentry then of the Mechanick or Common people and get thereby unjustly of the King more then all their Subsidies and Assessements if they be not very great shall come unto And if the great enhaunce of Prices were not or could not be so great a consumption of the Kings Revenue it must needs be altogether indecent and unbefitting the Duty and Honor of Subjects to their Kings That the Kings Harbingers should be so ill entertained as one of them was lately by one of the Tribe of Naâ—al at Windsor at the solemnities of the Feast of the Garter who answered his demand in the Kings name for lodgings for some of the Kings Court or retinue that the King had quitted his Pourveyance and was now no more unto him then another man and he was at liberty to let his lodgings to any one who would give him six pence more Or as one of his Pourveyors was by a London Poulterer by Trade and a Captain by a sinful mistaken Commission who upon the ingagement of an unwarrantable Covenant with hands lifted up to heaven to testifie his Loyalty to the late King Charles the Martyr whilst with the same hands he did fight against his Person Authority for liberty of Conscience to destroy him his more Loyal and Honest Subjects did no longer ago then the last Christmas when he should have bewailed his Rebellion and the sad account which he was to make to God for those numberless sins which he had accumulated by ingaging in such an ungodly and unwarrantable war and should have bin more thankful for his Majesties Pardon and Act of Indempnity and abhorred and repented his former wickedness buy against the will of the Kings Pourveyer three Bitternes which he was bargaining for and buying of a Poulterer and though he was informed by the Pourveyor that he was buying and had bid money for them for the King could in a most unchristian rude and barbarous manner say He cared not a Turd for the King he had bought and would have them and would by no means be perswaded to permit the Kings Pourveyer to have them Or that every Clown and Carter and every mans Kitchin-Maid shall in matters of Market and Provision be at liberty to buy Salmons Phesants Partriches Bustards or the like fitter for the King then their Masters or Mistresses out of his Pourveyers hands Or if the product of the taking away of the Pourveyance and Compositions for them could be so innocent as not to swell and multiply the Kings charges beyond its just or former dimensions there will be many other Evils and Inconveniencies by enforcing the Officers and servants of the Kings-houshold to buy and provide his and their food and provisions as the common people do theirs when they shall be larded or inlaid with all the oaths deceits and pretences which the invention of the Market people can possibly lay upon it and when that and many over-reaches and couâ—ening tricks shall be endured cannot by the carelesness of the Clerks of the Market and too many of the Justices of the Peace be always at any certainty that they do not buy the Beef of some diseased Oxe or Cow which had the knavish help of a Butcher to make mans meat of that which was more fit to make a Feast for the Crows or such Dogs as should have the happiness to smell out the Carrion and go a share with them or that the Poultery which they shall buy were not killed by some accident or disease as many times they are before they are brought or offered to be sold. And if that all the many other mischiefs inconveniencies which â—hall happen by taking away the Kings Pourveyances Compositions for them levelling him and his Officers Servants ranking them in the business of Markets amongst the Vulgus Plebeians or common or rudest sort of the people and rendring them in the particular of Pourveyance in a worse condition and more to be exacted upon then many of the Nobility Gentry and Lords of Mannors are whose Tenants are not at liberty to use them either as Strangers or Inferiors and in as bad a condition as the poorest or meanest laborer of the Parish were fit to be endured or could be reckoned amongst the honors and respects due unto
afterwards by reason of the Murrain of Cattel and a more then ordinary unseasonableness of those years twenty quarters of Corn were furnished for the Kings use and taken by the Sheriff of Kent at eleven shillings the quarter as appeareth by a Tally struck foâ— the payment thereof yet extant in his Majesties Receipt of the Exchequer and although that in the year next following by reason of a peace with France and the great victories before obtained against it by the English when the King was rich and the people rich which makes a Kingdom compleatly rich with the riches and spoiles gained thereby and that great store of Gold and Silver Plate Jewels and rich vestiments sparsim per Angliam in singulorum domibus were almost in every house in England to be found and that in the 23. year of the Raign of the said King so great a mortality of men and Cattle happned ut vix media aut decima pars hominum remaneret as scarce a third parâ— and as some were of opinion not above a tenth part of the people remained alive which must needs have made a plenty of money tunc redditus perierunt saith the Historian hinc terra ob defectum Colonorum qui nusquam erant remansit inculta tantaque miseria ex bis malis est secuta quod mundus ad pristinum statum redeundi nunquam postea habuit facultatem insomuch as Rents or Tenants for Lands were not to be had the Lands for want of husbandmen remained untilled which would necessarily produce a dearth and scarcity of Victuals And so great was the misery as the Kingdom was never like to recover its former condition And that in the 25. year of the Raign of King Edward the third by reason of the Kings coyning of groats and half groats less in value then the Esterling money Victuals were through all England more dear then formerly and the Workmen Artificers and servants raised their Wages yet in Anno 12 R. 2. though there was a great dearth yet Wooll was sold for two shillings a Stone a Bushel of Wheat for thirteen pence which was then thought to be a great rate a Bushel of Wheat being sold the year before for six pence And in Anno 14. of King R. 2. in an account made in the Receipt of the Exchequer by Roger Durston the Kings Bayliff he reckons for three Capons paid for Rent four pence half penny for thirteen Hens one shilling and seven pence for a Pâ—owâ—share paid for Rent eight pence and for four hundred Couple of Conies at three pence a couple one hundred shillings In Anno 2 H. 5. the Parliament understood four pounds thirteen shillings four pence to be a good yearly aâ—lowance or salary for a Chaplain being men of more then ordinary quality so gâ—eat a cheapness was there then of Victuals and other provisions for the livelihood of men and for Parish Priests six pounds per annum for their Board Apparrel and other necessaries and being to provide that Jurors which were to be impanelled touching the life of man Plea Real or Forty Marks damage should be as the Statute of 42 E. 3. c. 5. required men of substance good estate and credit did ordain that none should be Jurors in such cases but such as had fourty shillings per annum in Lands above all charges which was so believed to be a good estate in 5 H. 8. c. 5. which was almost one hundred years after as the Parliament of that year did think it to be an estate competent enough for such kind of men In the Raign of King Henry the sixth after that France a great and rich neighboring kingdom was wholy conquered and possessed by the English who had not then learned their wasteâ—ul Luxuries or Mimick fashions and could not with such an increase of Dominion and so great spoils and riches transported from thence hither but be abundantly and more then formerly full of money the price and rates of Victuals was so cheap as the King could right worshipfully as the Record saith keep his Royal Court which then could be no mean one with no greater a charge then four and twenty thousand pounds per annum and in the 33. year of his raign which was in Anno Domini one thousand four hundred fifty and five by assent of Parliament granted to his son the Prince of Wales but one thousand pound per annum whilst he had Dirt and Lodging for himself and his servants in his house until he should come to the age of eight years and afterwards no more then 2000. Marks per annum for the charge of his Wardrobe Wages of servants and other necessaâ—y expences whilst he remained in the house of the King his â—ather which was then thought sufficient to support the honor and dignity of the Prince and heir apparent of England though now such a sum of money can by some one that mâ—ndeth his pleasure more then his estate and the present more then the future be thrown away in one night or day at Cards or Dice In Anno 37 H. 6. Meadow in Derbyshire was valued but at ten pence per Acre and errable Land at three pence In the 22. year of the Raign of King Edward the fourth which was â—n the year of our Lord one thousand four hundred eighty and two the price and value of six Oxen was at the highest valuation but ten pounds In the seventh year of the Raign of King H 7. which was in Anno Domini one thousand four hundred ninety and two Wheat was sold at London for twenty pence the Bushel which was then accounted a great dearth and three years after for six pence the Bushel Bay Salt for three pence half penny Nampâ—wich Salt for six pence the Bushel white Herrings nine shillings the Barrel red Herrings three shillings the Cade in the fifteenth year of his Raign Gascoign Wine was sold at London for fourty shillings the Tun and a quarter of Wheat for four shillings In the 24. year of the Raign of King Henry the 8. a fat Ox was sold at London for 26 s. an half peny a pound for Beef and Pork and a half penny farthing a pound for Veal and Mutton was by Act of Parliament thought to be a reasonable price and with gain enough afforded In the fourth year of the Raign of Queen Mary which was in the year of our Lord God one thousand five hundred fifty and seven when very many families and multitudes of the people of England had been but a little before greatly monyed enriched by the lands spoil or the Monasteries and other Religious houses and their large possessions Wheat was sold before Harvest for four Marks the quarter Malt at four and fourty shillings the quarter and Pease at six and fourty shillings and eight pence but after Harvest Wheat was sold at London for five shillings the quarter Malt at six
the times of his great Grandfather Henry the first his Uncle King Richard and his Father King John or at any time in his own Reign untill his first going over the Seas into Britain for the Kings of England saith the learned Sir John Davies have always â—ad a special Prerogative in the ordering and government of all Trade and Traffique in Corporations Markets and Fairs within the Kingdom which the Common Law of England doth acknowledge and submit unto as amongst many other things may appear by the Charter granted to the Abbot of Westminster mentioned in the Register of Writs wherein the King doth grant to the Abbot his Successors to hold a Fair at Westminster for two and thirty dayes together with a Prohibition that no man within seven miles thereof should during that time buy or sell but at that Fair. Whence for the freedome of Markets and Fairs protection in going and retorning and other immunities had their extraction and original and no less just and reasonable then antient foundation those duties of Toll or Tribute for all things sold in them the Exemptions of the Kings own Tenants or in Auntient demeasn by writs de quietos esse de Theloneo to be Toll-free à regale and power not denied to any forreign Prince or King in Christendome or the States of Holland in their free as they would be called Common-wealth the benefit and authority whereof most of the Nobility and Gentry of this Nation tanquam Reguli as little Kings do by the Charters and Grants of the Kings of England or a Prescription or time immemoriall which supposeth it now injoy in their Manors under that part only of his Prerogative and many Cities Boroughs and Towns Corporate by their Charters have likewise not only before the 49 of Henry third but in almost every Kings Reign since their Liberties Customes and Franchises concerning their Markets and Fairs and the assise and correction of victuals Whence also were deduced the Standard kept in the Exchequer for all weights and measures the Kings power of the Mynt coyning enhauncing or decrying the value of moneys and his publick Beam or Weigh-house in London where all Merchandise brought from beyond the Seas are or should be justly weighed And whence it came that King Henry the 3. in the ninth year of his Reign caused the Constable of the Tower of London to arrest the Ships of the Cinque-Ports on the Thames and compel them to bring their Corn to no other place but only to the Queens Hithe charged in anno undecimo of his Reign the said Constable to distrain all Fish offered to be sold in any place but at Queen Hithe and that Tolls and payments were then and formerly made and paid to the Kings use for Corn Fish and all other provisions brought thither or to Down or Dowgate the rent and profit whereof were afterwards in anno 31. of his Reign granted and confirmed to the Maior and Commonalty of London at 50 l. per annum Fee-farme And in Anno 14 H. 3. forraign Ships laden with Fish were ordered to unlade only at Queen Hithe and if any did contrary thereunto he should be amerced forty shillings Whence also proceeded that well known and antient Office of the Clerk of the Markets in the later end of the Reign of King Edward the first who was not to be a stranger in the prices or rates of the Markets for his Office extended something further then the care of just weights and measures and as Sir John Davies saith was to oversee and correct all abuses in Markets and Fairs it being said in Fleta that ipse in notitia assisarum panis vini mensurarum cervisiae debet experiri ut inde notitiam habeat pleniorem he ought well to inform himself of the assises of Bread Measures Beer and Wine the later of which was not assised or rated by the assisa panis cervisiae in anno 51 of Henry the third and no man could be fitter to watch and hinder for the Justices in Eyre came but twice a year or seldome into every County Forestallers or such as made the Markets dearer or informe or give evidence thereof to the Justices in Eyre or Juries impanelled by them then the Clerk of the Markets who was probably attendant in all the Iters or Eyres for otherwise the Juries who had it then in charge to inquire of false weights and measures or such as buy by one measure and sell by another would have wanted or not so well have had their evidence and the Justices in Eyre could not so well inquire in their Eyres or Circuits de custodibus mensurarum of the Guardians of the measures or Clerks of the Market for so they may be understood to be which took bribes or gifts to permit false Measures if there had been but one Clerk of the Market infra villatas virgam hospitii Regis within the Townships or Virge of the Kings House or if as Sir Edward Coke supposeth the Clerks of the Market had been penned within the narrow compass of the Kings House and the Virge thereof or that the cares of the Fairs and Markets and the Justice of the Kingdome as to that concernment had been but only calculated for the Kings Houshold and confined unto it When as Bracton a learned Judge sub ultima tempora Henrici Tertii in the later end of the Reign of King Henry the third hath recorded in his book de Legibus consuetudinibus Angliae of the Lawes and Customes of England the Justices in Eyre did enquire de mensuris factis juratis per Regnum si servatae sint sicut praevisum fuit de vinis venditis contra Assisam c. of the Measures sworn to be observed whether they were kept as it was ordained and of Wines sold contrary thereunto And was of opinion that it was gravis praesumptio contra Regem coronam dignitatem suam si assisae statutae juratae in regno suo ad commuem Regni sui utilitatem non fuerint observatae a great offence against the King his Crown and Dignity if the assizes or rates which were appointed and sworn to be kept in the Kingdome to the common profit or weal publick thereof should not be kept Which do fully evidence that those antient Rights of the Crown were inquirable in the Eyres and Leets long before that which is called a Statute of view of Frank pledge in anno 18 Ed. 2. was made which at the best was but declaratory of what was before the Common Law some other antient Customes of England And anno 51 H. 3. in the assisa panis cervisae being as Decrees or Rates ordained which as to Ale and Drink the Judicious and right-learned Sir Henry Spelman believeth was altioris originis and as antient as 18 R. 1. mutatis ratione seculi mutandae to be altered and changed according to the rates
of the King Arch-Bishops Earls Barons and the most eminent men of the Kingdome with candles or torches burning in their hands in Westminster Hall denouncing excommunication direfull curses and Anathema's against the Infringers thereof by the candles or torches flung upon the ground and wishing that so their souls might burn in hell And the same Magna Charta being by thirty Parliaments since confirmed and accompted to be part of the peoples Birthright It can be no less then the greatest of reason that those his Liberties and Priviledges mentioned and agreed therein should be as well preserved unto him as those of the people unto them and with the greater reason in that his were alwaies his own and many of theirs but newly granted them And that he was not in the confirming of Magna Charta without some care of preserving his own rights and priviledges as appeareth by his Writ or Proclation better in former times then now obeyed sent unto the Sheriff of York in these words Cum probis hominibus nostris libertates concesserimus per Cartas nostras in quibus continetur that which we have of that excellent Law and Charter being by many learned men believed to be but a Transcript quòd nihilomninus salve sint omnibus libertates liberae consuetudines quas prius habuerunt libertates nostras de quibus maxime specialis mentio in Cartis praedictis facta non est nobis volumus inviolabiliter observari unde tibi districtè praecipimus quatenus omnes libertates nostras usitatas tempore domini Johannis Regis patris nostri quas quidem nobis non subtrahimus ex speciali mentione facta in praedictis Cartis nobis facias firmiter observari nullius obstante reclamatione sicut usitatae fuerunt temporibus antecessorum nostrorum maxime tempore predicti patris nostri wherein he having granted that their Liberties which they had before should not be prejudiced commanded him that all his Liberties and Priviledges which were not specially mentioned and granted away in those Charters should be specially observed notwithstanding any allegation to the contrary as they were used and accustomed in the times of his Ancestors and especially in the Reign of his Father King John For the reason which gives Aaron and his Sons the Clergie their Tythes and Pourveyance should perswade the people to think the Composition for Pourveyance to be no burden when as it is as short of the Tithes as one unto a hundred And it should be reason if any thing can be reason and it be not fled after Astraea into the upper Regions and left some counterfeit and false resemblance instead of it that all or many or most of the males and men of England and such as in the Court Leets and elswhere have taken the Oath of Allegiance which all the men of England and their generations are so born under as by the Laws and Customes of England it is and ought to be as Connaturall and Congaeniall unto them and the Oath of Supremacy to maintain and defend the Kings Rights and Jurisdictions and all the Citizens and Freemen of London and other Cities and Corporations of England taking an Oath to the like purpose all the Freeholders of the Kingdome holding of him immediately swearing in their homage and fealty to doe him service and be faithfull unto him all the Copiholders holding of him swearing unto him their Fealty and all the Freeholders and such as hold of their mesne Lords by Knights service or Socage in their homage and fealty unto them excepting their allegiance and duty to the King should have as great a care not to deny him those parts of his Jurisdictions Praeeminences and just rights as they would not to perjure and forswear themselves or bring the curses and woes attending such grievous sins or the breach of that part of Magna Charta upon the heads of them and their posterities which a Kings assent to any Acts of Parliament for the taking away or extinguishing such individua annexa Coronae jure diadematis potestatis atque authoritatis inseparable parts of Majesty and the Rights of his Crown Regal power and Prerogative If any Law or Sanction could enable him to that which all Laws both Civil and Common doe deny will not be sufficient to acquit or discharge for although the dispensation of Oathes by those to whom and for whose benefit they were made be in some cases allowed by the Canon Law and some Roman Casuists doe believe that violation of oathes have been well dispensed withall by those for whose interest and benefit they were made it will not be hard to determine in the greatest veneration of Parliaments which are to be obeyed actively or passively and of whose acts no man is so much as to think evil that Laws of that kind when they shall be by importunities and necessities made or enacted against the Lawes of God and right reason cannot give an absolution for oathes violated nor if they could be excused for the not payment of those most necessary duties to their King and common Parent in foro humano in this world will ever be excused in foro animae in the next And if the Parliament in Anno 18 Eliz. took it to be for the good of the Universities of Oxford and Cambridge that the Colleges Halls and Houses for Students therein should receive the third part of their Rents in Corn and Mal◠and ordered them so to doe and that their Tenants who had then have since such comfortable Bargains and Leases under them as every man is glad to purchase or get them and inroll themselves for their Tenants wherein if a deer year comes once in 7 or 10 years and their Bargains happen to be so much the worser as the prises which are to be ruled according as the like was sold the Market day next before the Rent day exceeds the former or cheaper prices the yearly profit notwithstanding of their Lands being alwaies more then the Rent and six or nine cheap years to one may pacifie their complaints or grudgings the King certainly may expect as much or more care to be had of him and his house-keeping as there was of the Universities Colledges and Halls and not to be denied in his particular of Pourveyance or compositions for it that which every man thinks reasonable in his own Nor to be made so great a sufferer under those heaps of mischiefs and inconveniencies which by the great and excessive rates and prises put upon victuals and household provisions daily more and more encreasing doe assault and lessen his too smal a Revenue Neither should be rendred more helpless and in a worser condition then the Lords of Leets Sheriffs in their Turns Justices of Peace in their Counties Magistrates in Cities and Towns Corporate Judges in their Circuits the University of Oxford who hath liberty to punish the breakers of the Assise of Bread Beer and Ale and