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A54689 The mistaken recompense, or, The great damage and very many mischiefs and inconveniences which will inevitably happen to the King and his people by the taking away of the King's præemption and pourveyance or compositions for them by Fabian Phillipps, Esquire. Philipps, Fabian, 1601-1690. 1664 (1664) Wing P2011; ESTC R36674 82,806 136

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the Prince should often appear unto his People in Majesty and that the Courtiers should keep good houses And if they will do no more to do but as much as the Beasts and Birds being irrational creatures do by their bodies natural make it their greatest care to protect and preserve the Head of our Body Politique and the honor and dignity of it and keep it above water And now that by his gracious Government and return to us like the Sun to dispel the cold and uncomfortableness which the Winter of his absence had almost for ever fastned upon us Cum fixa manet reverentia patrum Firmatur se●ium juris priscamquè resumunt Canitiem leges when our Parliaments and our just and ancient Laws are again restored Claustrisque solutis Tristibus exsangu●s andent procedere leges and released from their former affrights and terrors Not endeavour to abridge or endanger the hopes of our future happiness by being to sparing unto him that was not so unto us Jam captae vindex patriae Ut sese pariter diffudit in omnia regni Membra vigor vivusquè redit color urbibus aegris and redeemed our happiness from its Captivity But rather imitate the Clergie of the Bishopricks of Gloucester Chester Oxford Peterborough and Bristol who in the fourth year of the Reign of Queen Elizabeth finding those Bishopricks to be much impoverished by the Earl of Leicester and some other who in their vacancies had gotten away a great part of the Revenues thereof did by their Benevolences for some years after enable the Bishops thereof in some tolerable degree to maintain their Hospitalities And our long ago departed Ancestors who took it ill in the Reign of King John with whom they had so much and more then they should contended for their Liberties that Hubert Arch-bishop of Canterbury should keep a better House and Feast at Easter then the King And that Cardinal Woolsey in the Reign of King Henry the Eight should keep as great a state at Court as the King exercise as great an Authority in the Country for Pourveyance as the King and forbid Pourveyance to be made in his own Jurisdictions which made an addition to the Articles of High Treason or great Misdemeanors charged upon him by the Commons in Parliament brought up to the House of Peers by Sir Anthony Fitz-Herbert afterward a learned Judge of the Court of Common pleas So that our King may not for want of his antient rights of Pourveyance or an Allowance or Compositions for them the later of which as a means to make so unquestionable a right and priviledge of the Crown of England to be alwayes gratefull and welcome to them was fi●st designed set on foot contrived by Sir David Brook Serjeant at Law unto King Henry the Eighth and Lord Chief Baron of the Exchequer in the Reign of Queen Mary and happily effected or brought to perfection in or about the 4 th year of the Reign of Queen Elizabeth be necessitated to retrench or lay down his Royal Housekeeping and Hospitalities or deprived of his means of Charity and Magnificence which Jacob Almansor the learned Arabian King who lived in Anno 654. and conquered Spain was in his swarthy Dominions so carefull to preserve as after that he had given audience unto Suitors which were some dayes in every week he usually caused a publique cry to be made that all of them as well rich as poor should stay and take their refections and to that end furnished Tables for them with such abundance of provisions as became the house of so mighty a King And that if any forreign King or Prince should as Cecily Sister to the King of Sweden and Wife to the Marquess of Baden did by a far a long Voyage come from the North into England to visit our Queen Elizabeth and see the splendour of her Court which as to her Charity splendour and Hospitality though so over-sparing in other things and so unwilling to draw monyes out of her Subjects purses as she lost the fair hopes and opportunity of regaining Calais which was so much desired by her was very plentifully and magnificent and with the allowance of many more Tables then have been in the times of her Successors they may return into their Country as that Princess did with a wonder at it and not be constrained to say as was once said of the glory of the Temple of Jerusalem Who is left amongst you that saw this house in her first glory and how do you see it now and that returning into the former good wayes manners and custome of England we may not be damnati fat● populi but virtute renati And that to that end we shall do well to leave ou● new and untrodded By-wayes of Error made by the Raiser of Taxes and the Filchers of the Peoples Liberties in the Glory of anothers Kingdome now we have so wofully seen felt heard and understood so very many mischiefs and inconveniences already happened and if not speedily prevented are like to be a great deal more and hearken unto the voyce and dictates of the Laws of God and Nature the Laws of the Land and Nations Reason and Gratitude and let our Posterity know that the honor of our King and Country is dear unto us and that whatever becomes of our own Hospitalities we shall never be willing to let the Vesta● Fire of the British and English Hospitalities although most of our own are either extinguished or sunk into the Embers go out or be extinct in our King Palaces or to abjure or turn out of its course so great part of the Genius of the Nation but that we shall continue the duties of Praeemption and Pourveyance which are as old as the first Generations of Mankind and as antient as the duty of reverence of Children to their Parents Dent Fata Recessum FINIS Accompts inter Evidentia Comitis Oxon. Stows Survey of London Sieur Colberts Remonstrance of the benefit of the Trade to be driven by the French in the East-Indies Lessius de Just. Jur. lib. 2. cap. 21. n. 148. Cokes 4. part Institutes 12 Ed. 4. c. 8. 25 H. 8. cap. 2. Epist. Rom. 6. Speed Hist. of England Heylin hist. Ecclesiae Anglicanae domes reformatae Waler Max. lib. 8. cap. 5. Cicero in oratione pro Muroena Gervasius Tilburiensis Assisa panis cervisiae and a Statute for punishing the breach thereof by Pillory and Tumbrell Anno 51 H. 3. Rot. Fin. 11 E. 2. Cokes 1. part Institutes 70 Rot. parl 25 ● 3. m. 56. Inter Recorda in Recept Scaccarii inter Fines de tempore H. 3. Speed Hist. of Great Britain M. S. in custodia Gulielmi Dugdale Spelman Annotat. ad Concilia decreta leges Ecclesiastica 349. Asser Menevensis de gestis Alfredi 19. 23. Henry Huntingdon and William Malmesbury de gestis regum Angliae Speed History of England Stows Survey
the Reign of King Henry the 3. bring an Assise or Action against him for it for as for our Industrious Speed setting forth in his History of England that Rhese ap Gruffith Prince of Wales coming out of Wales as far as Oxford to treat of a Peace with King Richard the First did take it in so high a scorn and indignation that the King came not in person to meet him as he returned home into his own Country without saluting the King though Earl John the Kings only Brother had with much honour conducted him from the Marches of Wales thither and that by that means the hopes of the expected peace vanished and came unto nothing hath observed that the meanest from whom love or service is expected will again expect regard And therefore the care of our Kings was not a little imployed in that way of imparting of their favours and increasing and cherishing the love and good will of their people when King Henry the Seventh whose troubles and tosses of fortune before he came unto the Crown had together with his learning and princely education made him a great Master in Policy and good Government and one of the wisest Kings that ever swaied the English Scepter did in his prudent Orders concerning his Court and Houshold and the State and Magnificence which he desired to be observed therein communicated unto me by my worthy and learned Friend William Dugdale Esquire Norroy King at Armes out of an ancient Manuscript sometimes in the custody of Charles de Somerset Knight Lord Herbert and Gower Chamberlain unto that King amongst many other Orders for the honour of the King and his House ordain that If any straunger shall come from any Noble-man or other the Gentilmen Huysshers ought to sette him in suche place convenient within the Kyngs Chamber as is mete for hym by the discrecion of the Chamberlain and Huyssher and to comaunde service for hym after his degree and the sayd Huyssher ought to speke to the Kings Almoigner Kerver and Sewer to reward hym from the Kings Board this is to say if the said Straunger happen to come whan the Kyng is at dynner Item The Gentilman Huyssher if there come any honourable personnes to the Kyng at any other tyme they ought to call with thaym the sayd personnes to the Seller Pantry and Buttry and there to commaund forth such brede mete and drynke as by his discretion shall be thought metely for thaym and this in no wise not to be with sayd in noon of thies Offices aforesayd It is to the Kings honor Item that no Gentilman Huyssher bee so hardy to take any commaundement upon him but that it may be with the Kings honor by hys discretion in these matiers to myspende the Kings vitail but where as it ought to be and if he doo he is nat worthy to occupy that rowme but for to abide the punishment of my Lord Chamberlain Item A Gentilman Huyssher ought to commaund Yeomen Huysshers and Yeomen to fetche bred ale and wine at afternoon for Lords and other Gentilmen being in the Kings Chamber whan the caas so● shall requyre Which and the like Magnificences of Hospitality in the Houses and Courts of our Kings and Princes supported by the Pourveyances without which the elder Kings of England before the Conquest could not have been able to susteyn the charge of their great and yearly solemn Festivals at Christmas Easter and Pentecost when ex more obsequii vinculo antiquissimo as that great and learned Antiquary Sir Henry Spelman hath observed by duty and antient custome the Lords and Barons of England did never fail to come to the Kings Palace where the Magna Concilia wittena gemotes conventus sapientum now called Parliaments were at those times to be holden and kept cum ad Curiam personam ejus exornandum tum ad consulendum de negotiis regni statuendumque prout fuerat necessarium providere de rebus illis Rex solebat corona redimitus profastu Regio se in omnibus exhibere for the honor of the King and his Court who then with his Crown upon his head and other Princely habiliments did use to shew himself unto the people and advise what was necessary to be done for the good of the Kingdom And was such an attendant upon the Grandeur and Honour of their Monarchy as it began with it and continued here amongst us till the Councill of some foolish and factious Shrubs had by a fire kindled in our then unhappy Kingdome overturned our Cedars of Libanon and made an accursed and wicked Bramble their Protector and was so necessary to the Government and Authority of our Kings and the encrease and preservation of the love and obedience of the people as we find it neither repined nor murmured at in the Reign of King Alfred who being of an almost unimitable piety and prudence and to whom this Nation ows a gratefull memory for his division of the Kingdom into Shires and Hundreds and for many a Politique Constitution did now almost 800 years ago keep a most Princely and magnificent House and a numerous company of Servants gave enterteynment of diet and lodging to many of the sons of his Nobility who were therein trayned up to all manner of Courtly and honourable exercises had three Cohorts or Bands of Life-guards every Cohort according to the ancient computation consisting if they were Horse of 132 and of Foot of a great many more the first Company attending in or about his Court or House night and day for a moneth and returning aftewards home to their own occasions tarried there by the space of two moneths the second Cohort doing likewise as the first and the third as the second by their turns and courses and had a good allowance of money and victualls in the House or Court of the King who had his ministros nobiles qui in curio Regio vicissim commorabantur in pluribus ministrantes ministeriis noble and great Officers in his Court which attended in their courses and took so much care also for them as in his last Will and Testament he gave cuilibet Armigerorum suorum to every one of his Esquires 100 marks Or that King Hardi Canutus caused his Tables to be spread four times every day and plentiously furnished with Cates and commanded that his Courtiers Servants and Guests should rather have superfluities then want any thing That William Rufus when he had built Westminster Hall 270 foot in length and 74 in breadth thought it not large enough for a Dyning Room King Richard the Second kept a most Royall Christmas where was every day spent 26 or 28 Oxen 300 Sheep with Fowl beyond number and to his Houshold came every day to meat ten thousand people as appeared by the Messes told out from the Kitchin unto three hundred Servitors and was able about two years before when the Times began to be
troublesome to give a Guard of 4000 Archers of Cheshire with their Bows bent and their Arrows hocked ready to shoot Bouche of Court to wit meat and drink and wages of six pence a day then accompted a very great pay Or that King Henry the 7 th then whom the Kingdom of England never had a more thrifty Prince did the morrow after Twefthtyde in a great Solemnity keep a Feast in Westminster Hall where he being set at a Table of Stone which remained untill the middle of our late Rebellion accompanyed with the Queen and many Embassadours and other Estates 60 Knights and Esquires served 60 Dishes to the Kings Mess and as many to the Queens and served the Lord Mayor of London at a Table where he was set with 24 dishes of meat to his Mess. And our succeeding Kings understood to be so much for the good and welfare of the people as King Edward the Sixth that great Blossome of prudence and piety and all manner of Princely virtues when a surfeit of Church Lands and Revenues had like the coal carried into the Eagles nest reduced the Royall Revenues into a consumptive and languishing condition had by the advice of his Privy Council suppressed but with no advantage to the Revenue or curing the diseases of it as it then and hath since happened in many of those pretended rather then really effected dishonorable Espargnes witness the putting down of fourteen Tables at once by King Charles the Martyr which gained in one year Thirty thousand pounds to some few of his Officers who did advise him to do it but nothing at all for himself the Tables formerly appointed for young Lords the Masters of Requests and Serjeants at Armes c. he did not howsoever think fit to diminish or lessen any more of the Royall Hospitality And King James when he had by an over-great bounty to his Countrymen the Craving Scots and their restless importunities brought himself and Revenue into many streights and was contented to seek out wayes of sparing did in the inquest and seeking to abate the charge of his housekeeping in his Letters to the Lords of the Councel bearing date in November 1617. and pressing earnestly to have it done to the end that he might equall his charges to his Revenue direct them to abate superfluities in all things and multitudes of unnecessary Officers and to do things so as they might agree with his honor but concluded that there were twenty wayes of abatement besides the House if they be well looked into Which may give us a Prospect which a larger Treatise of the Antiquitie 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 provision of the Kings Houshold the small charges and burden thereof to the People and many great mischiefs and inconveniences which will inevitably follow the taking of them away will more fully evidence how great a damage the King susteyneth by the want of them How unbecoming the Majesty and Honor of a King and his many Princely affairs and occasions it will be that the people should deny him that granted or continueth their Profits in Fairs and Markets the benefit of Prae-emption which all Princes as well Christian as Heathen do enjoy and is but conformable to the Tenor and meaning of the Fifth Commandement in the Decalogue and the Honour due unto common Parents and Magistrates enjoyned thereby How unsafe to the peoples consciences when they do by their Oathes of Allegeance and Supremacy swear to maintain and defend his Regall Rights and Jurisdictions not to allow his Prae-emption 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or forecheapum and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Saxon Times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying ante 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prendere which is Prae-emption and was then as it hath been ever since so just and legall a part of the Kings Prerogative as King Ina who reigned here in the year 720. did by a Law prohibit that Fore fang or Captio obsoniorum in foris aut nundinis non ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria the taking or buying of Houshold provisions by others in Fairs or Markets before the Kings Minister or Pourveyor should take those things which were necessary for the King And was not then any Novel constitution or acquired Right or Praerogative or without a Divine pattern but so inhaerent in Monarchy and Kingly Government and so becoming the duty and gratitude of Subjects as we may find the Vestigia or Tracs of it in the morning of the restored not long before drowned and washt world when Joseph that great and happy Minister of State under Pharaoh King of Egypt did by the help of that Royal Right of Praeemption keep the Lean Kine from eating up the Fat and save that Kingdome and many other neighbouring Nations from an irresistible famine and ruine And how contrary it will be unto the duty of Subjects to refuse him their Carts to convey his Carriages unless they may have two parts in three more then formerly when the Earl of Rutland and Countess Dowager of Pembroke and many other of the Nobility have not only their Pourveyances but can have their Tenants Boon Carts upon any of their occasions for nothing and every Lord of a Manor or Parson of a Parish do seldom fail of as much or greater curtesies or respects from their Tenants or Parishioners or that the Kings Harbingers should from some of the Tribe of Naball receive uncivill and churlish answers that they are not to loose the advantage of six pence more which may be given by any other or that his Pourveyors should not have the benefit of Praeemption as one of them lately was refused in the buying of a Salmon or be wrangled with and have Fowl taken out of their hands as one lately did and when he was told it was for the King could say he cared not a turd for him or that his Officers should be exposed to the humours or incivilities of Clowns Quakers or disaffected persons And that strangers who have commonly and usually seen forreign Princes travailing in any parts of Christendome out of their own Territories and Jurisdictions to be by a generall and never intermitted custome honourably and respectfully received in all Cities and Places of note and presented with Wine Fish and other provisions such as the place and season of the year afforded which even those Commonwealths States and Places of incivility Trade and selfishness such as Holland and Hamborough do never omit should see the King of Englands Servants and Officers so little respected in their attendance upon him in his Journeys or Progresses as not to be trusted with a small hire of a Cart unless like some beggars in the streets buying an halfpenny or a farthing worth of pottage at a Cooks Shop they do first
Sacrorum is Baldus and Individua as Cynus termeth them which Jurisconsultorum communi quodam decreto by an uncontraverted opinion of all Lawyers nec cedi nec distrahi nec ulla ratione ababienari a summo principe posse cannot as Bodni saith be granted away or released no● by any manner of way alienated or withholden from the Sovereign Prince nec ulla quidem temporis diuturnitate praescribi posse nor by any length of time prescribed against him and are therefore by Besoldus cal-called Imperii Majestatis Jura bona regno conjuncta incorporata seu corona unit a quae princeps alienari nequit the Rights of Empire and Majesty and the goods and part of the Crown so incorporate and united unto it as the Prince cannot alien them which to attempt would not be much different from the endeavours to restrain a Prince by a Law not to receive or demand any Subsidies Oblations Civilities or Respects from his People which like a Law against the Word of God or contra bonos more 's would by the opinion of our no less Judicious and Learned Hobart Bacon and Hutton be voyd and of none effect for the Presents and good will of Inferiours unto their Superiours not bribes to corrupt Justice either for favours done or to be done is one of the antient and most noble Customes which mankind hath ever practised and began so with the beginning or youth of the world as we find the Patriarch Jacob sending with his Sons to his then unknown Son Joseph besides the mony which he gave them to buy corn in Egypt a Present of the best fruits of the Country a little Balm and a little Honey Spices and Myrrhe Nuts and Almonds Saul when he thought not of ever being a King whilst he was busied in the enquiring for his Fathers Asses did not think fit to goe unto Samuel the man of God who was then accompted honourable unless he had a Present to bring him Most of the People of the East brought Presents unto their Kings as was seen in the splendour and greatness of Solomon and sine quibus as Grotius saith Reges non adire solebant did not without presents come a near their Kings and was a Custome long after not forgotten by the Kings or Wisemen coming out of the East to worship adore our blessed Saviour at his Birth The Persians in their Kings Progresses did munera offerre neque vilia vel exilia neque nimis praetiosa magnifica bring him Presents neither precious nor contemptible from which etiam Agricolae opifices Workmen and Plowmen were not freed in bringing Wine Oxen Sheep Fruits and Cheeses and the first Fruits of what the earth brought forth quae non tributi sed doni loco censebantur which were not received or given as Tributes but as Oblations and Free gifts which made the poor Persian Synetas when he met with Artaxerxes and his Trayn in the way of his Progress rather then fail of something to offer hasten to the River and bring as much water as he could in his hands and with a chearfull countenance wishes and prayers for the health of the King present it unto him Nor was not so altogether appropriate unto those Eastern Countries where God spake first unto his People and the Sun of his Righteousness did arise but was long agoe practised in England where the custome was as Gervasius Tilburi●nsis who wrote in the Reign of Henry the Second and lived in the Reign of King Henry the First informs us upon all Addresses to the King qua●dam in rem qua●dam in spem offerre to present the King with some or other Presents either upon the granting of any thing or the hopes which they had that he would do it afterwards And so usually as there were Oblata Rolls or Memorialls kept of it in the Reign of King John and some other the succeeding Kings and the Queens or their Royall Consorts seldome escaped the tender of those gratitudes of Aurum Reginae Money or Gold presented unto them as well as unto their Kings and was a Custome not infrequent in the Saxon times as appeareth by our Doomsday Book the most exact and generall Survey of all the Kingdome and so little afterwards neglected as it was paid upon every Pardon of Life or Member and so carefully collected as it was long after in the Reign of King Henry the Third by an Inquisition taken after the death of Gilbert de Sandford who was by Inheritance Chamberlain to the Queens of England found that he had amongst many other Fees and Profits due unto him and his Heirs by reason of that office six pence per diem allowed for a Clark in the Court of Exchequer to collect and gather the Oblation or Duty Neither can there be any reason given why the Clergie for whom God the ratio rationum incomprehensible wisedome and greatest perfection ordained so great a Pourveyance for them in their Tythes and Oblations should enjoy it and his Vice-gerent and Protector of them be without it the Nobility and many of the Gentry and Laity not want it either in kind or some other satisfaction for it and all Cities Corporations Guilds and Societies furnish out their grandeur and greatness derived only by reflection from that of the Kings and he only be deprived of that which should maintain his hospitality and was so usefull to all other King● and Princes for the gaining of the affections of the People Et a concilier as L●i● de Orleans saith L' amour de 〈◊〉 subject● quil● 〈◊〉 par le bouche d' leurs le pe●ple au 〈◊〉 les p●●ds a lateste pour affirmir le corps politique et le l●er par une grac●●use voire necessaire correspondence and to procure the love of the people who are taken by the mouth and to fasten them unto the King and the Feet unto the Head strengthen the Body Politique and unite all the parts thereof by a loving and necessary complyance when he doth at the same time yearly pay and allow some thousands of pounds for the support and Pourveyance of his Councel in the Marches of Wales and his Judges and Justices of the Peace and other Officers in the Kingdom for the administration of Justice Or for us to think that when God in his Government of his chosen people of Israel in that his most righteous Theodratie did command them not to delay the offerings of the First of their Ripe Fruit● and of their Liquors and of their Oxen and their Sheep and ordained that if a Sheaf were forgotten in the time of Harvest they were not to goe again to fetch it and when they did beat their Olive trees they should not go ●ver it again and gathered their grapes they should not gle●n them for they should be for the ●tranger the F●therless and the Widow he would now be well pleased with such an
his men wear the same colour of Livery that the Kings servants did Or that it was ill done by the Parliament in the 14 th year of the Reign of that King when they petitioned him that the Prerogative of him and his Crown might be kept and that all things done to the contrary might be redressed Or that the Lords Spirituall and Temporal and Commons in Parliament assembled in the 16 th year of the said Kings Reign did not well understand the good of the Kingdom when upon a Debate and consideration of the Popes Usurpation and Incroachments upon the Kings Regalities and his Holiness Provisions made for Aliens and Strangers by the benefices of the Church of England they did unanimously declare that they and all the Leige Commons of the Realm would stand with the King and his Crown and Regality in the cases aforesaid and in all other cases attempted against him his Crown and Regality in all points to live and to dye Or that our forefathers were not to be imitated in their stout assertions of the Rights of their Kings and their Regalities when in their zeal thereunto Humphry Duke of Glocester when the Pope had wrote Letters in the Reign of King Henry the Sixth in derogation of the King his Regality and the Church-men durst not speak against them he did throw his Letters and Missive into the fire and burn them Or that it can be well done by us to withhold from him that small retribution of Pourveyance which is a Duty established by a fourfold obligation composed of a Right or Duty a very antient Custome backt by the Laws of God Nature and Nations the Oaths of Allegeance and Supremacy and a contract made and continued by the people to their Kings built upon the best and greatest of considerations which the Prophet David in the 15 th Psalm if it had not been as it is beneficiall to the people but to some loss or damage adviseth not to be broken and enforce him for want of it to give over his Housekeeping and deprive him of that Loadstone which might amongst many other of his daily graces and favours attract and draw unto him the love and affections of his people the most iron rusty hearted Clowns or leave our Trajan no wall for his ●erba Parietaria sweet smelling flower to grow upon Or that it can be any honour for our Lords and Ladies who received their honour from the King and his Progenitors and were in the Saxon Times called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lords and Ladies from their Hospitalities and giving of bread to see and not seek or help to remedy the greatest dishonour which in the consequence of it was ever put upon the Fountain of honour and a King of England in Solio in his Throne and full possession of his Kingdome and so much the more and without an example because it is not in the Time of a Rebellion but a happy Restauration and in the time of Peace after an end or conclusion of an intestine and barbarous Warre and so notorious as it hath been told in the Streets of Gath and Askalon and stirred up some unmannerly fancies and pictures made by some of our envious Neighbours in reproach of it Or that there can be any reason that those that think it reason that the King should recompence them for their losses and damages susteyned in his service in doing their duty unto him should not be as willing to give him an ease in his losses by any agreement made with them which proves to be prejudiciall or a damage unto him or that we may not give our selves in assurance that the Baronage of England who in a Parliament in the 20 th year of the Reign of King Henry the Third refused to consent to an Act of Parliament for the legitimation of such children as were bot● before marriage to Parents afterwards married and clapping their hands upon their swords cryed una voce with one voice nolumus mutare leges Angliae we will never consent to change the laws of England would now if they were living say more and bewail the downfall of the Honor of their King and Country And not only they but all the then hospitable Gentry and Commonalty of England Lament to see so good and gracious a King allied to all the greatest Houses and Princely Families of Christendome by a discent farre beyond the most antient of them and an extraction of blood equalling if not surpassing the greatest of them and as well deserving of his People want the means to support a Magnificence as high and illustrious as any of his Royall Progenitors and not to be able for want of his Pourveyance to give his Servants Diet or Wages and that some of the principall of them as the Treasurer and Comptroller being sworn by the Orders of the House that all things in the Kings House be guided to the Kings most worship and that they search the good old rule worshipfull and profitable of the Kings Court used before time and them to keep and better if they can should have so much cause as they have to weep as the Priests did at the destruction of the Temple of Jerusalem and complaining that the beauty is departed from the Kings house his Servants are become like Harts that find no Pasture and they that did feed plentifully are desolate in the Streets Wonder what wild Boar out of the Forrest or Fox out of the Wood have so destroyed and laid wast the Vineyards and the Gardens the Beds of Spices the Roses of Sharon and the Lilies of the Vallies that some of our Temples should be gloriously re-edified and our Zion repaired and yet the glory of our Solomon and his housekeeping not restored but his Servants ruined and their names as to their pay and maintenance blotted out of the Registers that the Winter should be past the Rain over and gone the Flowers appear on the earth the time of the singing of the Birds come and the voyce of the Turtle heard in our Land and the State and Magnificence of our Solomon and his Royall housekeeping which would have heretofore astonished a Queen of Sheba should be now most needlesly exchanged for a desolation and bear all the marks upon it of a languishing Honour That the Courts and Palace of our most gracious King Charles the Second by a mischance of quitting his Rights of Prae-emption and Pourveyance or Compositions for them should as to many of its Attendants have all the year turned into an Ember week and be about Noon or Dinner time like the silence and want of Company at Midnight or a representation of the middle Isle of the Cathedrall of St. Pauls in London destitute of all its Walkers or Company but such as had nothing to buy their Dinner withall which heretofore begot the reproachfull adage or saying usually cast upon such men of distress
again the compass of their estates and sobriety of their forefathers We may wish and pray that all the Common people were in the moderation of their Apparel Quakers as they are called that all our Market-folk Tradesmen Artificers and Servants as to the justness of their dealings and buying and selling were Quakers and that it may not be our sad and never enough to be lamented experience that as Doctor Peter Heylin well observed the afflictions of the Church of England in the Martirdomes and Persecutions of the Protestants in the Reign of Queen Mary and the restoring afterward of many Godly Divines that fle● from it brought 〈…〉 the Genevian Schismes and Discipline 〈…〉 since almost undone and 〈…〉 which were heretofore purp●s●ly ●own and cherished to enervate and destroy ●ona●chy joyned with th●●ll Manners and Customes of some Neighbour Nations may not likewise by some that might be better Englishmen and his Majesties better subjects be more then should be endeavoured to be planted amongst us which being abundantly and sufficiently tri●d to be evill did never nor will ever attain unto the reason right use goodness and perfection of our good old English Customes amongst which is and ought to be more especially ranked the honor and support of the Royall Court of England Majesty and honor of our King and Soveraign Which the Romans who would not endure any Common-wealth Competitors nor think themselves to be in any condition of safety untill they had ruined and destroyed Carthage and those Commonwealths of Achaia Athens and Sparta were so unwilling in the height of their glory their Senate Magistrates Republick should want as the Comminalty of Rome did in a popular Election deny to make Elius Tubero a most upright and just man the Nephew of L. Paulus and Sisters Sonne of the great and famous Scipio Africanus to be a Prat●r or Lord Chief Justice for that he being imployed by Fabius Maximus publicquely to feast or entertain in the name and at the charge of the people of Rome his Uncle Scipio Africanus in the preparing and making ready the Triclinia or Tables lectulos punicanos pellibus ●aedinis straverat had covered the Carthaginian Beds whereon the Guests were to sit or lye with Goat-skins pro Argenteis vasis samia exposuerat and instead of silver Vessels made use of Earthen which due observance of a Heathen Republique being under no obligation of any Divine Praecepts or Examples to honour their Governours or Assembly of wise men may teach us that are Christians how very necessary it will be to take more care of the Honour of our Prince then of any our own estimations or honors which for a great part of them are or have been derived from him or his most noble Ancestors and by so much the more for that the honor to be done unto him is every where to be found commanded directed exampled and encouraged in and by those sacred Registers the holy Scriptures which are to conduct us through the Red Sea of the miseries and troubles of this life to that of a blessed and everlastingly happy in the heavenly Jerusalem in the way whereunto will be no small helpers and assistants the rendring to Caesar all his dues and rights who is the protector of ours a more exact and carefull observance of Religion Laws of nature and Nations right reason our Oathes of Allegiance and Supremacy and the love and honour of our King and Country the n●w almost forsaken virtues of our Ancestors and the good old Customes of England which should not like some rustie pieces of old neglected Arms be hung up in our Halls and now and then only talked of or like as if they were some race of Wolves come again to inf●st us or our profits be hunted and persecuted but recalled revived and practised In which as a fidus Achat●s shall never be wanting the wel-wishes and endeavors of FABIAN PHILIPPS BY the Laws and Custome of England as well as of other Nations where Monarchy or the right way and order of Government hath any thing to do the King hath a Controll of Markets may regulate order the price rates of victuals houshold provisions and hinder it from being excessive As likewise may the Lords of Manors in their Leets the Sheriffs in their Tournes the Justices of the Kings Bench Justices of Peace and Justices of Assize at the Quarter-Sessions and Assizes by an authority derived from him Which when it was better observed then now made the Market Rates about the fourth year of the Reign of Queen Elizabeth to be if any thing at all but little different from her price or those Compositions for her houshold Provisions which by agreement made by the Justices of Peace of the severall Counties with the Offficers of her house were to be furnished according as the Counties were more or less distant from London the place of her Residence and the profits which they received thereby in the improvement of their Lands and selling their Commodities at greater rates unto others And was the cause besides the duty and obligation of it that the Kings Praeemption which should not be denyed as long as civility and good manners and the Fifth Commandement shall continue or be in use amongst us And the Royall Pourveyance warranted by the Lawes of God Nature and Nations aswell as by the Civil Law the universal and refined reason of the civilized part of the world and the Common Law of this Nation having dwelt here amongst us above the age of Methusaelah and as Retributions and Gratitudes in signe of subjection paid and allowed in other Nations by the Heathen and Savages as well as Christians were not in the right use of them untill our late Times of Rebellion and Confusion taken to be either a grievance or burden unto the people For that which besides the designes of the Levelling Party and such as were the professed Enemies of Monarchy and Majesty and the ill Impressions which they have cast into the minds of such who have too much believed them hath made them to seem that which they are not Hath been the Rack and Enhaunce of the Rents of Lands by the Nobility Gentry and Landlords The increase of Servants and Labourers wages and the high rates imposed by Tenants and Farmers upon victuals and houshold Provisions which if it were not for the pursuit of pride and vanity and the peoples racking of one another to maintain it might be afforded cheaper then it was in the 4 th year of the Reign of Queen Elizabeth And as they are now raised to immoderate rates and prices do make a Desert in our Land of Canaan and a generall Enhaunce of all things in the midst of a plenty wherein every one is sure to be a gainer or saver but the King Who by the loss of his Praeemption and Pourveyance is made to be the only Sufferer and as to the Market rates in a worse condition
of England of permitting their Officers and Servants to take what the King pleased out of Forreign Commodities and Merchandize brought into England upon payment of such rates as he pleased which amount unto no small yearly profit for an Exchange and grant by the Merchants Strangers of three pence per pound now called the Petit Customes of all forreign Merchandises imported except Wines for every Sack of Wool forty pence for every 300 Wolfels forty pence and for every last of Leather to be exported half a mark over and above the Duties payable by Denizens were but rightly estimated Or the benefits which the Subiects of England have had and received by the Act of Parliament made in Anno 14 Ed. 3. granting that all Merchants Denizens and Aliens may freely and safely come into the Realme of England which before they could not or durst not adventure to do without speciall licence and safe conduct under the great or some part of the Seal of England with their Goods and Merchandize and safely tarry and return paying the Subsidies and Customes reasonably due together with the ease and benefit but to the great loss and damage of the Crown which the Merchants of England as well as those of forreign Parts have by the loss of Calais since Queen Maries time and the remove of the Staple from thence whither all Goods Exported out of England were to be first brought a Custome Inward the second time paid and for so much which may be believed to be the greatest part as was again from thence Exported into other Countries the Customes a third time paid which made the Customes and Subsidies only for Goods Exported in the later end of the Reign of King Edward the Third and during the Reigns of King Richard the Second Henry the Fourth Henry the Fifth and the beginning of the Reign of King Henry the Sixth as appeareth by the Records of the Exchequer to amount unto threescore or threescore and ten thousand pounds per annum which according to the valuation of mony at this day saith Sir John Davies the ounce of Silver being raised from twenty pence unto five shillings would amount unto two hundred thousand pounds sterling per annum And the difference betwixt the payment of Customes and Subsidies then paid three times over for one and the same thing and the payment of it but once as is now used with many other great benefits beyond a valuation not here particularized And consider how unworthy it would be for the Natives and People of England after many Knights Fees and Lands freely given and granted by the Kings Royall Progenitors to their Forefathers and their Heirs to be holden by Knight-service and in Capite of which if the sixty thousand Knights Fees and more reckoned by antient Authors should be no greater a number then ten thousand and valued but at twenty pounds per annum as they were reckoned in anno primo Edwardi secundi they would amount unto two hundred thousand pounds per annum and if but at three hundred pounds per annum which is now the least ●mprovement would amount unto three Millions per annum besides great quantities of other Lands being twice or thrice as much more in the severall Reigns of his Majesties Royall Progenitors freely granted and given unto othe●s of them and their Heirs to be holden in Socage to endeavour to extinguish the right use of them and forget their Obligations to their Prince and Common Parent and his Royall Progenitors And in too many of their Actions and business cozen or beg all they can from him and in stead of saying Domine quid retribuam Lord what shall I render unto thee for all thy benefits make it the greatest of their care imployment and business not only to take but keep from him all they can even at the same time when they had obteyned of him an unparralleld Act of Indempnity and Oblivion and to to forget all their evil designes and offences intended or committed against him and his blessed Father and to pardon and give them as much as fifteen or sixteen millions sterling in the Arrears of his own Revenue and two or three hundred millions Sterling at least for the forfeiture of theirs And might have remembred how they promised him their lives and fortunes and to be his Tenants in Corde and with what a Princely and Fatherly affection he told their Representatives that he was sorry to see so many of his good people come to see him at Whitehall and had no meat to feed or entertain them and how ashamed and unwilling they are in their ordinary and daily Actions and Affairs to come behind or be upon the score one to another in their reciprocations retributions and retorns of gratitudes and take it to be a disparagement not to out-vie or undo one another therein how willingly they can part with their money to their children at School to make Oblations or Presents to their School-masters at their Intermissions or Breaking up of School at Christmas Easter or Whitsontyde a course newly invented by School-masters to better their Allowances and Incomes and chargeable enough to the Parents as may appear by the Offerings at a Christmas made unto some Capital School-Masters which have singly amounted unto five or six hundred pounds which with the Beds and Furniture and silver Spoons to be brought thither by the Boarders and left behind them at their departure do make as great or a greater charge to many Parents then what they were ever rated for the Pourveyance And how accustomed and willing an expence all people are desirous to put themselves unto pro honestate domus for the good and content of any Inne Tavern or Alehouse to make them some recompence for but coming into those houses upon any occasion or necessity of business And can notwithstanding so readily finde the way to that unchristian River of Lethe and sinne of unthankfulness which God and all good men do abhorre and the most fierce and savage of the Beasts of the field Fowls of the Ayr do scorn to be guilty of and make it their business to desire the King to foregoe his Pourveyance and take a seeming recompence of fifty thousand pounds per annum for it of the moyty of the Excise to be raised out of the Moans and Laments of the multitude which are the labouring and poorer sort of the people to free richer and better able from their heretofore small Payments or Contributions in Cattle and other Provisions for the Royall Pourveyance now that England enjoyeth a greater plenty then ever it did by some hundred thousand Acres of Fenne Lands drained many Forests and Chases deafforrested m●ny Parks converted unto Tillage or Pasture great quantities of other Lands inclosed and as much or more of Abby and Religious Lands retorned into Lay-hands fewer Taxes and publique Assessments by one to ten then are in the Kingdomes and Dominions of Spain France Empire of