or any manner of Article contained in that Charter willed and granted that such manner of Statutes and Customes should be void and frustrate for ever Anno 28 Ed. 1. Artic. super Chartaâ— ca. 2. upon complaint that the Kings Ministers of his house did to the great grievance and damage of the people take the goods as well of the Clergy as the Laity without paying any thing or els much less then the value It was ordained that no Pourveyors should take any thing but for the Kings House and touching such things as they should take in the Country of meat and drink and such other mean things necessary for the house they should pay or make agreement with them of whom the things should be taken nor take more then should be needfull to be used for the King his Houshold and Children with a Proviso therein that nevertheless the King and his Counsel did not intend by that Estatute to diminish the Kings Right for the antient prices due and accustomed as of wines and other goods but that his Right should be saved unto him in all points Anno 16 Ed. 2. the King sent his Writ to the Justices of the Court of Kings Bench then not so fixed as now or of later times to command them to take care to punish the Infringers of those Lawes And howsoever the Articles and inquiries in the Eyres in the Reign of King Edward the first were to enquire and punish those Sheriffs Constables or Bayliffs which took any victuals or provisions for the King or his Houshould which shews that then also no Markets were kept at the Court gates nor that all the Kings provisions were there bought or taken contra voluntatem eorum quorum Catalla fuerint without the will of the owners which in all probability was to be regulated and perswaded by that duty and loyalty which every good Subject coming to a Country or City Market did bear to his Soveraign and the Preserver by his authority and power of not only what they brought to Market that day but what was left at home or to be brought at other times to Market and the words sine consensu voluntate c. without the consent of the Seller are to be interpreted and understood saith Sir Edward Coke to have been inserted in that and other Statutes for that Pourveyers would take the goods of such men as had no will to sell them but to spend them for their own necessary use But afterwards some abuses like weeds getting in amongst the best corn or greatest care of the watchfull Husbandman happening in the manner of Pourveyances by taking them without warrant or threatning the Sellers or Assessors to make easie prices or not paying ready money or the Market rate for them or taking more then they needed or by greater measures making the Pourveyances for divers Noble-men belonging to the Court as of the Duke of Gloucester in the Reign of King Henry the sixth and in his time also some Hostlers Brewers and other Victuallers keeping Hosteries and Houses of retailing victuals in divers places of the Realm having purchased the Kings Letters Patents to take Horses and Carts for the service of the King and Queen did by colour of them take horses where no need was and bring them to their Hosteries and other places and there keep them secretly untill they had spent xx d or xl.d. of their stuff and sometimes more and then make the owners pay it before their horses could be delivered and sometimes made them pay a Fine at their will and at other times took Fines to shew favour and not to take their horses and many times would not pay for the hire of the said horses and carts divers Acts of Parliament upon complaints at several times in Parliament of the said abuses committed by Pourveyers were made to prohibit and provide against them but none at all to take away the Pourveyance it self or Prae-emption or the Kings just Rights and Prerogatives therein but a saving of the Kings Rights especially provided for in many of them as Anno 10 Ed. 3. ca. 4. The Sheriff shall make Pourveyance for the Kings horses Anno 18 Ed. 3. ca. 4. In the Commissions to be made for Pourveyance the Fees of the Church shall be exempted in every place where they be found Anno 25 Ed. 3. ca. 1. after that in Anno 20 Ed. 3. divers Pourveyers had been attainted and hanged for fending against those Lawes and that in the 23. year of that Kings Reign divers of the Kings Pourveyers were indited for breach of those Lawes It was enacted that If any Pourveyer of victuals for the King Queen or their Children should take Corn Litter or Victuals without ready mony at the price it commonly runneth in the Market prized by Oath by the Constable and other good people of the Town he shall be arrested and if attainted suffer pains as a Thief if the quantity of the goods the same require Cap. 6. No Pourveyer shall take cut or â—ell wood or Timber for the Kings use for work growing near any mans dwelling house Et cap. 7 Keepers of Forrests or Chaces shall gather nothing nor victuals nor sustenance without the owners good will but that which is due of old right Cap. 15. If any Pourveyer take more sheep then shall be needfull and be thereof attainted it shall be done to him as a Thief or a Robber Anno 36 Ed. 3. ca. 6. No Lord of England nor none other of the Realm of what estate or condition that he be except the King and the Queen his wife shall make any taking by him or any of his Servants of any manner of victuals but shall buy the same that they need of such as will sell the same of their good will and for the same shall make ready payment in hand according as they may agree with the seller And if the people of Lords or of other doe in other manner and thereof be attainted such punishment of life and of member shall be done of them as is ordered of the buyers the occasion of the making of which Statute and the preceding Act of Parliament of 25 Ed. 6. before mentioned Sir Edward Cook informes us was a book written in Latin by Simon Islip Archbishop of Canterbury and before that a Secretary of State and Privy Councellor to King Ed. 3. called Speculum Regis sharpely inveying against the intollerable abuses of Pourveyers and Pourveyance in many particulars and earnestly advising and pressing him to provide remedies for those insufferable oppressons and wrongs offered to his Subjects which the King often perusing it wrought such effect as at divers of his Parliaments but especially in his Parliament holden in the 36 year of his Reign he did of his own will without the motion of the great men or Commons as the Record of Parliament speaketh cause to be made many excellent Laws against the oppressions and falshood of Pourveyâ—rs
and prices of Barley and what they made it with and confirmed by Inspeximus of the Ordinances of divers Kings of England the Kings Progenitors which set the assise of Bread and Ale and the making of measures and howsoever stiled a Statute appears not to have been an Act of Parliament but an Exemplification only made of those Ordinances and Orders by King Henry the third at the request of the Bakers of Coventry mentioning that by an Act of Parliament made in the first year of his Reign he had granted that all good Statutes and Ordinances made in the times of his Progenitors aforesaid and not revoked should be still holden in which the rates and assise of bread are said to have been approved by the Kings Bakers and contained in a Writing of the Marshalsey of the Kings House where the Chief Justice and other Ministers of Justice then resided and by an Ordinance or Statute made in the same year for the punishment of the offending Bakers by the Pillory and the Brewers by the Tumbrel or some other correction The Bayliffs were to enquire of the price of Wheat Barley and Oats at the Markets and after how the Bakers bread in the Court did agree that is to wit waistel which name a sort of bread of the Court or Kings House doth yet retain and other bread after Wheat of the best of the second or of the third price also upon how much increase or decrease in the price of wheat a Baker ought to change the assize and weight of his bread and how much the wastel of a farthing ought to weigh and all other manner of bread after the price of a quarter of Wheat which shewes that the Tryal Test Assay or Assize of the true weight of bread to be sold in all the Kingdome was to be by the Kings Baker of his House or Court and that there was the Rule or Standard and that the prices should increase or decrease after the rate of six pence And Fleta an Author planè incognitus as to his name saith Mr. Selden altogether unknown who writ about the later end of the Reign of King Ed. 1. tells us that amongst the Capitula coronae itineris the Articles in the Eyre concerning the Pleas of the Crown which were not then novel or of any late institution enquiries were made de vinorum contra rectam assisam venditoribus de mensuris item de Forstallariis victualibus â—â—nalibus mercatum obviâ—ntibus per quod carior sit inde venditio de non virtuosis cibariis of wine sold contrary to the assize of Measures and Forestallers of the Market to make victualls dearer and of such as sold corrupt food or victuals An. 31 Ed. 1. it was found by inquisition that Bakers and Brewers and others buying their corn at Queen-Hithe were to pay for measuring portage and carriage for every quarter of corn whatsoever from thence to Westcheap St. Anthonies Church Horshoo Bridge to Wolsey street in the Parish of Alhallowes the less and such like distances one ob q to Fleetstreet Newgate Cripplegate Birchoners Lane East-cheap and Billingsgate one penny 17 Ed. 2. By command of the King by his Letters Patents a Decree was made by Hamond Chicwel Maior That none should sel Fish or Flesh out of the Markets appointed to wit Bridge-streat East-cheap Old-Fishstreet St. Michaels Shambles and the Stocks upon pain to forfeit such Fish or Flesh as were sold for the first time and for the second offence to lose their Freedome And so inherent in Monarchy and the royall Praerogative was the power and ordering of the Markets and the rates of provision of victuals and communicable by grant or allowance to the inferior Magistrates as the King who alwayes reserves to himself the supreme power and authority in case of male administration of his delegated power or necessity for the good and benefit of the publick is not thereby denuded or disabled to resort unto that soveraign and just authority which was alwayes his own and Jure coronae doth by right of his Crown and Regal Government belong unto him as may appear by the forfeiture and seising of Liberties and Franchises and many other the like instances to be found every age And therefore 41 King E. 3. without an Act of Parliament certain Impositions were set upon Ships other Vessels coming thither with Corn Salt and other things towards the charge of cleansing Romeland And 3 Ed. 4. the Market of Queen Hithe being hindred by the slackness of drawing up London Bridge it was ordered that all manner of Vessels Ships or Boats great or small resorting to the City with victuals should be sold by retail and that if there came but one Vessel at a time were it Salt Wheat Rye or other Corn from beyond the Seas or other Grains Garlick Onions Herrings Sprats Eels Whitings Place Codds Mackarel c. it should come to Queen-Hithe and there make sale but if two Vessels came the one should come to Queen-Hithe the other to Billingsgate if three two of them should come to Queen-Hithe and if the Vessels coming with Salt from the Bay were so great as it could not come to these Keyes then the same to be conveyed to the Port by Lighters Queen Elizabeth by advice and order of her Privy Councell in a time of dearth and scarcity of corn commanded the Justices of Peace in every County to enforce men to bring their Corn to the Markets limited them what proportions to sell to particular persons and ordered them to cause reasonable prices and punish the Refusers And the like or more hath been legally done by the Kings authority in the Reign of King James and King Charles the Martyr in the beginning of whose Reign by the advice of all the Judges of England and the eminently learned Mr. Noy the then Attorny Generall rates and prices were set by the Kings Edict and Proclamation upon Flesh Fish Poultry and most sort of victuals Hay Oats c. commanded to be observed All which reasonable laws constitutions customes were made confirm'd continued by our Kings of England by the advice sometimes of their lesser and at other times of their greater Councels the later whereof were in those early dayes composed of Bishops Earles and Barons and great and wise men of the Kingdome not by the Commons or universall consent and representation of the people by their Knights of the Shires or Burgesses sent as their Procurators ad faciendum consentiendum to consent unto those Acts of Parliament which should be made and ordained by the King and the Barons and Peers of England for they were neither summoned for that purpose nor represented in Parliament untill Anno 49 H. 3. and in Anno 26 or 31 Ed. 1. were called thither only ad faciendum quod de communi consilio per Comites Barones ceteros Proceres to do those things which by the King and the Barons and
Capiti cordique suo oppitulari debeat precipue ad dignitatem Regiam Regnique auhoritatem publicam tuendam cum ut membrum particeps fit gloriae qua Caput fruitur every subject ought to assist his King as he would do his own head and heart and more especially to maintain and defend his Kingly dignity and authority for that every member in the body pertakes of the good and honor which the head enjoyes That it cannot be for the good or happiness of subjects to necessitate the power of their Prince or enforce him to try how far it can extend or prevail to free himself from wants or pressures incumbent upon him when as common observation can tell us that small Brooks or Rivolets being stopt or obstructed in their creeping Maeanders or way unto the greater Rivers who are to conduct and lead them into the great assembly or collection of waters will go out of their former gentleness and either inforce a passage by inundations or break their way through all the Barricadoes which can be made to restrain them and that the more they are endeavored to be restrained the more they do rage and easily overcame and bear down before them all that can come in the way of their combined fury stirred up and heightned by the necessities which were put upon them That a want of Revenue in a King to discharge common and ordinary necessaries makes necessitatem invincibilem violentam which saith Aristotle proposito electioni prohibet obstat such an irresistable and violent necessity as it enforceth that which was never intended nor would otherwise have been done which the Wisdom Spirit of God in the vision which he shewed unto the Prophet Ezekiel of the building order of the Holy City the Revenues of the Prince held fit to prevent by a competent Revenue That Armies do notwithstanding all the cares and commands of their Generals and the severest Laws and Discipline of war prohibiting spoil rapine or plundering break out for want of pay and necessaries into all manner of disorders and oppressions and that we need not enquire of the days of old or the Ages past of the numberless mischiefs and inconveniences which have inevitably followed the wants of Princes and the effects of power put on or let loose by necessities And may sadly remember that the people of England denying the late blessed King and Martyr his Customes of Tonnage and Poundage did not onely put him and the cause of his Protestant Allies and friends into many disadvantages for want of those aides which he would otherwise have been enabled to give them and enforced him to fall short of his desires and intentions therein but to give way to many of his craving Scots and wanting servants to take in the assistance of his Royal Prerogative and stretch it further then ever he intended That notwithstanding all the care which he could take that such grants and letters Patents should not transgress or go beyond the bounds of the Law and the right reason and use of it and did upon the granting of many of those Patents cause the Patentees to become bound in Recognizances of great penalties to surrender up their grants and letters Patents if at any time he or his Councel should equiâ—e it And had of his own accord in the year 1639. and 1640. by his Proclamation called in above thirty of such Patents and Commissions as either had been or were likely to be grievances unto the people and in the beginning of that long and unhappy Parliament had graciously condescended to th annulling or abolition of all that did but resemble grievances or were but likely to produce them And that those Letters Patents Commissions and Grants which were called Projects and Innovations were invented and promoted by many Citizens Tradesmen Gentlemen others who being none of the Kings servants did court and wo the Kings Prerogative unto it and busily employed some of the Kings servants to go shares with them in the gain or profit thereof none or very little whatsoever was pretended coming to the King or his Treasury began with the necessities which a causeless discontented part of the people did most unadvisedly and undutifully put upon their King whom they would not suffer to be at any rest untill he had ingaged himself and his Allies in a war with Spain and the then greatly prevailing house of Austria for the recovery of the Palatinate and to make a breach with France for the relief of Rochel and the Hugonots and left him afterwards in the midst of the troubles expence and danger thereof without any aid or assistance to go through as well as he could with it And may now understand how much better it had been to have acquiesced in the many precedents and authorities of the Kings just and legal power of sending his writs to the Cinque ports and many maritime Towns Counties many if not all of whom were by Tenure or Custom in lieu of many liberties priviledges granted unto them by the Kings Royal Progenitors which they do yet enjoy to send or furnish out a certain number of Ships as their own charges when the King should have any publick occasion or necessity to have continued the Kings most just ancient rights and regalities in his Tenures in Capite and by Knight Service which by Land together with a fixed certain aid of Shipping contributed by the Cinque Ports and Maritime Towns and Counties would together with his Commissions of Array have enabled him upon a short warning never to have wanted most puissant and gallant Armies and Forces both by Land and by Sea consisting not of hirelings and strangers but such as would have fought pro Aris Focis for their own as well as their Princes interest and would not easily turn their backs betray or fly from their Wives and Children and their own Estates then to put the King for want of them to a yearly charge of no less than eight hundred thousand pounds per annum by Sea and by Land for the peace security honour of the Nation which did not before cost the late King fourscore thousand pounds per Annum Or to be charged with an everlasting Excise as to the moiety of the Excise of Ale Beer Sider Perry c. which did noâ— the last year amount unto more than one hundred five thousand pounds per annum in recompence of the yearly profits of the Kings Tenures in Capite and by Knight Service and what he looseth by his want of Pourveyance and Compositions for them both which did yearly amount unto a far greater benefit what an ill bargain both the King and the people have by the laying by of the one and granting the other how small an advantage the people got by their heretofore invisible Keepers of their Liberties who did all they could to keep them from them or by Oliver their
charge and burthen thereof to the People and the many great Mischiefs and Inconveniences which will inevitably follow the taking of them away THat wise Councel and Saying of Solomon the wisest of Men as well as Kings To fear God and honor the King and not to meddle with them who are given to change should if it were not a part of the Sacred Volumes not be denied an admission into every mans care and observation to follow that advice as well as to believe that it is good to do so when as every Nation in the World in every age and generation of mankind may by woful experience many times acted over subscribe unto it or be ready to make Oath or Affidavit of the many ill consequences which have very often happened in the Tryal and event of the contrary and is the more to be followed in the retaining of good Laws or not changing them upon Light seldom small or inconsiderable inconveniences for that those antient and righteous Judicial and Moral Laws of Moses written or dictated by God himself and originally fitted for the Jewish Government and the Manners and Customs of that his Darling and beloved people were not certainly intended to Lacquie after the humors designs passions or Interests of men and those people who were to obey and observe them but to remain and continue as fixed and permanent as they were good and profitable for otherwise they would not have been commanded to be taught their Children and after Generations to be laid up in their hearts and their Souls written upon the Posts of their houses and on their Gates bound for a Sign upon their hands and as Frontlets between their eyes For howsoever other Laws which have not so divine an Original or not being de jure Naturae and drawn from that holy and excellent fountain of Scripture are and may upon a true not phantastick or imaginary ballancing and due consideration of Conveniencies with Inconvenienâ—es be alterable and either totally taken away or reformed Yet when the ages past and daily experiences have not only told us but all the people of the world that new Laws cannot give us that certainty of their effects which the old have done nor can be like Christal so clear and transparent as to give us beforehand a liberty of discerning the effects hoped for and that experience is by much a better guide then hopes or expectation we may with som assurance of reason conclude that Licurgus did not ill to ordain that de legibus semel receptis probatis disserere non liceret that the goodness of Laws experimented should be honored rather then called in question did not merit a repoof when for fear of the Inconstancy of the Lacedemonians or a less understanding part of them he caus'd an oath to be taken that those Laws which he had devised for them should not be altered until his return from Delphos where or at Creet he pined himself to death to make them perpetual and that Solon was not likewise to be blamed in imitating him so far as to ordain an Oath to be taken by the people of Athens not to change the Laws which he had ordained for them but would rather endure a ten years absence not much unlike a banishment from that his beloved country because he would not give them any occasion or temptation of changing them and that our late Factious and ignorant Legislators have been far exceeded and outgone by the inferior and overwise seeming Members or parts of the body natural represented in Menenius Agrippa's happy Fable to the seditious Romans of the mutiny of the Members of the body natural against the Belly or Paunch thereof who did not in all that contention and desire of some better as they thought order to be enacted betwixt it and the Members many of them having several intents and interests propose as our late Giddy Reformers have done any thing against the Soveraignity or Supremacy of the Head or to dislocate or cast it into a meaner scituation or condition amongst its inferiors upon pretence that it might be more serviceable if it were placed in a Co-ordination in the middle of the body or to reside nearer the Belly or Feet and be a Concomitant of them and their more ignoble Offices would conduce to a better Reiglement of the affairs of the Belly and the rest of the inferior Members or a more even walking or at least not so often stumbling of the Feet and prevent many a prejudice to those now more remote parts from its ordinary care and protection And we cannot therefore without some wonder contemplate the vast difference which appears to have been betwixt all the heretofore popular Pretences and intended Reformations of the Athenian and Spartan Commonwealths now sufficiently quieted and purged of those humors by a Turkish Tyranny and that of the Romans in their many Tumults and Seditions under their many several sorts of Governments and our godly as they called themselves Reformers of laws amenders of male administration as they supposed in Government when as those Greeks and Romans being Heathens could pursue their ends without rapine and plundering of their fellow citizens but our men of Ignorance and Innovation could in their vertigo and overturning of Kingdoms and good Laws finde the way to all manner of Ravage Rapine and Injustice to enrich and advance themselves by that great gain and spoil which they met with by the alteration of Laws and invadeing their Neighbors and other mens Proprieties And at the same time when they made their Jugling self denying Ordinancâ— and pretended so much to Revelations and Gifts extraordinary could think of nothing more then making themselves great by the ruine of their betters the afflictions of the poor and needy the Widdows and Fatherless And rather then faile of their prey which had such a pleasant Haut-goust or relish cooked and palated for them by the Devil would pretend all our Laws and good and reasonable Customs to be as bad as they were antient and rather call their Fore-fathers fools for enacting or permitting them then acknowledge those Excellencies Reason Justice and Goodness which were every where to be found in them as if more then six thousand years of the Worlds age already past were not time enough to teach mankind necessary helps for its well being and preservation or as if God having given man a reasonable Soul endued with all those eminent faculties which he communicated unto it had confined the right use of them to the later part decrepit and old age only of the world and permitted all the experiments of the long lived Patriarches and their succeeding Generations and all the Rules of Prudence and Wisdom which the former ages had observed and found to be good and useful for the sons of men to be so bound up in the bundles of vanity or not worth the heeding as every Chimaera or Megrum of the less
understanding and more distempered part of the people should be better and more to be followed and therefore to be taken in and receive as great an entertainment and applause as the Children of Israel did their Golden Calfe with shouts and acclamations whilst Moses as they thought had tarried too long with God Almighty in the Mount for his direction in the making of Laws or as the Romans did the more to be respected twelve Tables of Laws then those of their Mechanick and vulgar Judgements and reasonings which the wiser and more noble not the illiterate and foolisher sort of their Citizens and people had learned well considered and brought home from Athens and other cities of Greece as fit to be observed or imitated When as it might rather be remembred that God in his infinite mercy to the works of his own hands did so early distribute the Beams of his Right Reason and Illumination as the days of old were not without wisdom which being from everlasting and rejoycing afterwards in the habitable parts of the Earth her delights were with the sons of men And therefore Jeremy no Fanatique or man of an Imaginary or self conceited mistaken holiness but inspired by God Almighty and filled with the wisdom from above did not tell us as many of our Novelists and Commonwealth-mongers and the would be wise of the Rota's or Coffee-houses would make us believe that all the succesful experiments which the long lived world had approved to be right reason were either burthensome or oppressive and not to be any longer esteemed or that the paths of wisdom were worne out and not at all to be walked in but with a thus saith the Lord enjoyned us as if there and no where else it were to be found to stand in the ways and see and ask for the old Paths where is the good way and walk therein But that would have been to their loss and rather then faile of their purpose or forsake their beloved ignorant intermedling in Government they could never think any thing to be well until they had made all things ill and like Children would have liberty to do what they list which would do them as much good as the liberties of their misusing the power of the Sword or in medling in matters too high for them did in these last unhappy Twenty years and as little conduce to the publick or their own good and safetie as for Children to be permitted the use of Swords or Pistolâ— whereby to kill and mischief one another or of fire to burn themselves or set their Parents houses on fire or as they are said to do in Gonzaguas new discovered world in the Moon to govern their parents cannot finde the way to obey Laws and reasonable Customs unless their narrow Capaciâ—ies or small Understandings may apprehend the cause of it the reason of it must like the Lesbian rule be made to be as they whyâ—â—sie or fancie it and obedience to Kings or Laws cut out to their Interest and Conveniencies And will not believe that they have Liberties enough unlesse like Swyne got into a Garden they may foule and root up all that is good and beautifull in it And with their cries and gruntings could never be at quiet until they had trampled upon Monarchy and the majesty and loveliness of it digged up the Gardens of Spices and stopped the streams of our Lebanus And the late blessed Martir King Charles the First was no sooner in the defence of our Magna Charta and the Lawes and Liberties of England murdered but they and their Partisans must frame a Commonwealth and pretend a necessity thereof for avoiding the intollerable as they falsely called them burdens and oppressions of the people amongst which is ranked that great and most notorious piece of untruth that the Cart-taking for the King impoverished many of the people and that the Pourveyance cost the Country more in one year then their Assessments to the Army which with other matters contained in that most untrue and malicious Declaration of the Parliament of England as they then called themselves beraing date the 17. day of March 1648. are more against truth or any mans understanding then the tale of Garagantua's mighty mouth and stomach of eating three hundred fat Oxen at a meal and having five or six men to throw mustard into his mouth with shovels And as false as it was must for an edium to the late King and his Monarchicall Government be translated into Latine and sent and dispersed by their Emissaries into all the parts of the Christian world And from thence or some of the other I may not say causes but incentives or delusions the people too many of whom were inticed or made to believe any thing though never so much against truth reason common sense and their own knowledge must be taught for they could of themselves not find any cause to complain of it to believe that Declaration to be true to the end that whilst they did then bear and had long before endured very great assessements and burdens they might be enabled and be the better in breath to sustein for many years more a seaventy and sometimes a ninty and not seldome one hundred and twenty thousand pounds monethly Taxes and Assessments besides many other greater impoverishments and oppressions obedience must be called a burden every thing but ruining honest men and destroying of Loyaltie an oppression and every thing but vice and cheating to maintain it a grievance for the Truths sake therefore which every good and honest man is bound to submit unto and deâ—end and in vindication of his late Sacred Majesty and the Laws and Honor of my Country the too much abused England by such Tricks and Villanies and upon no other motive byasse or concernment but to make that scandal which only becomes the Father of Lyes and the causelesness of that complaint appear in their Deformities and proper colours I shall by an enquiry and search for the Original and Antiquity of Royal Pourveyance as to the furnishing of several sorts of Provision for the Kings House and Stable at a small or lesser rate then the markets and a praeemption for those or the like purposes used in this and most Nations of the World bring before the Reader the Laws and Acts of Parliament in England allowing it the Legality Reason Necessity and right use of it the small charge and burden of it and the consequences which will inevitably follow the takeing of it away which we hope will remove the ill opinion which some worthy men heretofore by reason of an abuse or misusage only and some very learned men of late misled by them have had of it CHAP. I. The Antiquity of Regal Pourveyance and Praeemption for the maintenance of the Kings Houses Navy Castles Garrisons attended by a Jus Gentium and reasonable Customs of the most or better part of other Nations WHich being not here intended or understood
pay one per cent for provision of Fortresses In the Kingdom of Barnagasso the King hath besides Silks and Cloth of Gold and other precious things for Tribute Horses and payeth himself 150. Horses to Pretious or Prete John Emperor of Ethiopia of whom he holdeth The Kingdom of Oghy besides a Tribute of Gold and Silver sendeth him yearly a thousand Beeves In Ethiopia the Prete or Emperor upon the coming or returning of Embassadors gives order to his Subjects or Vassals to furnish them with provisions for their Journey and not long agoe commanded one to whom he had but a little before given a little Lordship containing not above 80. Houses and two Churches to furnish an Embassador with five hundred Loads of Corn a hundred Oxen and a hundred Sheep The Gozagues do yearly pay to their King besides great quantities of Gold and Silver a thousand Beeves alive The Maldives do yearly pay unto their King the fifth part of the grains which they sowe and give him a Portion of their Coco's and Limmons and besides their Taxes compound also for fruits and honey The Princes and great men in Japan do contend who shall give most to the Caesar and almost impoverish themselves by their Presents All the houses in the City of the Kings Residence are by the King taxed towards the making of Fortresses In Firando in Japan when any forraign Merchants are by the King invited to see Playes and publick Shows they send Presents to him and every forraign Merchant that comes thither may not sell his goods untill he hath carried a Present to the Emperor And when any of the Kings white Elephants are brought unto him the Merchants in the City are commanded to come and see him and bring every one a Present of half a Ducat which altogether amounteth to a great sum of money In Industan when the Mogol goeth abroad or in progress euery one saith Sir Thomas Roe by whose house he passeth is to make him a Present Sir Thomas Roe himself doing it when the King or Mogol rode to the River of Darbadath All the Persian Merchants doe bring their goods first to the Mogol who buyes what he pleaseth and after his Officers have set the rate they may sell to whom they will All men strive to present him with all things rich and rare and no man petitioneth him for any thing empty-handed and thereby come to preferment some giving him one hundred thousand pounds in Jewels at a time The King of Achen commands those of Tecoo to bring thither their Pepper which none may buy but he and puts off his Surat commodities in truck to them at what rates he pleaseth and oftimes sends his commodities to Priaman and Tecoo enforcing them to buy them at his own rates none being suffered to buy or sell before he hath vented his own At Bantam the Governor or Protector so called useth to send in the Kings name to the people to serve him with sacks of Pepper some a hundred some fifty some ten some five at the Kings price which was a Riall less in a Sack then the Merchants paid Divers bring Presents of Rice and Cashes and some bring imbroidered cloth for the Kings wearing Nor were the more civilized part of the Heathen only accustomed to the way of Pourveyance or bringing provisions or presents to their Kings and Princes but the wild and savage part of them were by the Lawes of nature and glimmerings of the light of reason taught to doe it In Mexico in the West-Indies and its large Dominions under the Emperor Montezeuma containing 100 Cities and their Provinces the people did pay a certain yearly Tribute to the King for water brought by pipes into the City Those that hold lands did yearly pay unto him one third part of their fruit and commodities which they had or did reap as gold silver stones dogs hens fouls conies salt wax honey mantels feathers cotton and a certain fruit called Câ—cao which they there used for money also all kinds of grain Garden-herbs and fruits Some Towns paid 400 burdens of white Mantles others great Tropes of wood full of Maiz Friâ—oles c. some four hundred burdens of wood others four hundred planks of Timber some every six moneths brought four hundred burdens of Cotton-wool and others two thousand loads of Salt two hundred pots of Honey twenty Xacaras of Gold in powder and some a Truss of Turkie stones and paid besides the King of Alzopuzalco a Tribute of Firre and Willow-trees towards the building of a City Divers Provinces are bound to provide fire-wood for the Kings house amounting unto two hundred and thirty weight a day which was five hundred mens burdens for the Kings particular Chimnies they brought the Bark of the Oak The Incas or Indian Kings before the coming of their unlucky loving friends the Spaniards had their Tributes yearly brought unto the Court and when any work was to be done or any thing to be furnished for the Incas the Officers knew presently how much every Province Town and Family ought to provide and by their Registers strings and knots knew what every one was to pay even to a hen or burden of wood And as Inea Garzilasco de la Vega a Native of Cozco relates in his book of the antient customes of those Countries did amongst other Tributes make and furnish clothes and Arms to be used in warr In Virginia the Weroances under-Lords or petty Kings did hold their lands habitations and limits to Fish Foul or Hunt of their soveraign King Powhatan to whom they pay Tributes of Skins Beads Copper Pearl Dear Turkies wild Beasts and Corn. And in all Savage Countries the English Merchants and Navigators as Mr. Edward Winslow a man afterwards too well known amongst the plundering and mistaken godly at Haberdashers Hall hath related at his return from thence doe make presents to the Savage Kings In New-England the Sachims or Lords are subject to one Sachim to whom they resort for protection and pay homage neither may any make warre without their privity every Sachim knoweth the bounds and limits of his Country and that is as his proper Inheritance and out of that if any of his men desire Land to set their corn he giveth them as much as they can use and puts them in their bounds Whosoever hunteth or killeth any venison which is there much of their food he bringeth him his Fee which is the fourth part of the same if it be killed on the Land but if in the water then the skin thereof Once a year the people are provoked by the Pinieses Knights or Councellors of the Sachims to bestow much corn on the Sachim who bring him thereupon many Baskets of corn and make a great Stack thereof In Florida where they all goe naked and doe but litle exceed the beasts of the field in understanding and want the wit of most part of the Nations of the world to cover their nakedness they can notwithstanding
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
Nobiltiy by their Common Council should be ordained and the Procuratores Cleri Proctors or Representers of the Clergy not Bishops who sate in Parliament and were summoned unto it as a third Estate and Barons inter Proceres Regni amongst the Nobility of the Kingdome ad consentiendum to consent only to such things as should be ordained in Parliament as hath been learnedly and accurately proved by examination of antient Records and Parliament Writs by Mr. William Prynne in his second part of a Register and Survey of severall kinds and forms of Parliament Writs And may well be deemed to be no less then Law and right Reason when as divers Acts of Parliament made by the advice of the Lords Spiritual Temporall and the assent of the Commons summoned called unto Parliament by the Kings Writ to consent only unto such Laws as should be made therein with the Royal assent and breath of life given by the King unto such Acts without which those Petitions and Bills which were intended and desired by the people to be Acts of Parliament are but as the matter to the form presented unto the King in his great Councill and Parliament and amount unto no more in the best of value and constructions which can be put upon them then Petitions and Requests or as bodies without souls or pieces of Silver or Gold uncoyned having not the power or effect of money without Caesars Image and Superscription and the Royal Stamp and Authority given them have enacted and ordained the same or the like cares and provisions as that without date made in the Reign of King H. 3. or Ed. 1. or Ed. 2. and to be found amongst the Statutes of 17 Ed. 2. if all or some of them were not made by the Kings Royal Authority and power only that the Toll of a Milne shall be taken according to the custome of the Land strength of the water-course either to the twentieth or four and twentieth corn and the measure whereby the Toll must be taken was to be agreeable to the Kings measure and taken by the rate and not by the heap or cantell The Assise of Ale to be according to the price of Corn. Butchers to be punished which sell unwholsome flesh â—ushels Gallons and Ells shall be kept by Mayors Bayliffs c. signed with the Kings Seal and he that buyeth or selleth with any other shall be amerced No grain shall be sold by the Heap or Cantell but Oats Malt and Meal Wines by the Act of Parliament of 4 Ed. 3. shall be assaied twice a year and be sold at reasonable prices and a Cry or Proclamation made that none should be so hardy as to sell wines but at a reasonable price regarding the price that is at the Ports from whence the Wines came and the expences as in carriage of the same from the Ports to the places where they be sold. No man may sell Ware at a Fair after iâ— is ended Victuals shalâ— be sold at reasonable prices and Butchers Fishmongers Regrators Hostelers Brewers Bakers Poulters and all other sellers of all manner of victuals shall be bound to sell the same victuall for a reasonable price having respect to the price that such victuals be sold at in the places adjoyning so that the said Sellers have moderate gains and not excessive reasonably to be required according to the distance of the place from whence the said victuals be carried None shall Forestall Wines and Victuals Wares and Merchandizes coming to the good Towns of England by land or by water to be sold. Auncel weight shall be put out weighing shall be by equall ballances every measure shall be according to the Kings Standard and be striked without heap It shall be Felony to forestall or ingross Gascoine wine Red and white wine shall be gauged Ballances and Weights shall be sent to all the Sheriffs of England and all persons are to make their Weights and Ballances by them And in anno 31 Ed. 3. because saith the Statute the Fishers Butchers Poulters and other sellers of Victualls in the City of London by colour of some Charters and by evil intepretation of Statutes made in advantage of the people that every man may freely sell victuals without disturbance and that no Maior Bailiffe or other Minister ought to meddle with the sale It was accorded assented That every man that bringeth victuals whatsoever they be to the City by land or by water may freely sell the same to whom shall please him without being interrupted or impeached by Fisher Butcher Poulter or any other and that the Maior and Aldermen of the said City may rule and redress the defaults of Fishers Butchers and Poulters as they doe of those which sell Bread Ale or Wine In the same year upon the complaint of the Commons that the people of great Yarmouth did encounter the Fishers bringing Herrings to the said Town in the time of the Fair and buy and forestall the Herrings before they come to the Town And also the Hostlers of the same Town which lodge the Fishers coming thither with Herrings would not suffer the said Fishers to sell their Herrings nor meddle with the sale thereof but sell them at their own will as dear as they will and give to the Fishers what pleaseth them whereby the Fishers did withdraw themselves from coming thither It was enacted that Herrings should not be bought or sold upon the sea That Fishers be free to sell their Herrings without disturbance of the Hostelers that when the Fishers will sel their Merchandises in the Port they shall have their Hostelers with them if there they will be and in their presence openly sell their Merchandises and that every man claim his part for the taking after the rate for the same Merchandises so sold. That no Hosteler or other buy any for to hang in their houses by Covin nor in other manner at a higher price the last then forty shillings but less in as much as he may That no Hosteler nor any of their Servants nor any other shall by land or Sea forestall the said Herrings No vessel called Piker of London nor of no other place shall enter into the said Haven to abate the Fair in damage of the people That all the Hostelers be sworn before the Wardens of the Fair and enjoyned upon a great forfeiture to the King to receive their Guests well and conveniently and to aid and ease them reasonably taking of every Last that shall be sold to other Merchants then the said Hostelers 40 d. That of Herrings sold to the same Hostelers to take in their houses the same Hostelers shall take nothing and that because of the profits which they shall have of victuals sold to their said Guests and of the advantage which they have more then other of carriage of Herrings so by them bought and hanging in their houses and for the advantage of 40 d. the
Henry the third his Sonne by their Magna Charta Agreement or Accord made with their then powerfull Barons and Church men and a discontented and seditious Commonalty since reduced into Lawes and confirmed by thirty Acts of Parliament wherein the people having many liberties granted them by those Kings the great Lords Prelates and superior part of the Clergy of whom they held which they could not then claim as rights but were to be received as favours and as much to be valued as their pardon and indemnity which was granted unto them by the same Charter King John therein promising them that all those Customes and Liberties quantum ad se pertinet erga suos omnes homines de regno suo tam Laici quam Clerici observent quantum ad se pertinet erga suos as much as belonged to him he would observe towards all men and that all as well Laick as spiritual should as much as belonged to them observe them towards such as held of them And by the late King Charles the Martyr who took but one hundred pounds for the Relief of an Earldome which was antiently accompted to be but of the yearly value of four hundred pounds per annum the least of which are now three or four thousand pounds per annum very many double as much and some sixteen or twenty thousand pounds per annum when as the hundred pounds was then according to the now value of silver above three hundred pounds And to disburse in houshold provisions according to the difference betwixt the rates and prises of victuals as they were in the Reign of King Edward the second which was above 80 years after the granting and confirming of Magna Charta by King Henry the third when a Capon was sold for two pence and what they are now will not be the fourth part as to some sort of provisions and victuals and as to others not the sixteenth of that hundred pounds for the Relief of an Earldome and so proportionably in other reliefs and the summe of five pounds for the relief of a Knights Fee which is but the fourteenth part according to the difference betwixt the antient and then value of the lands belonging unto a Knights Fee now estimated but at three hundred pounds per annum many of which are four or five hundred pounds per annum and others of a greater yearly value as the lands are lesser or more improved nearer or farther distant from London the grand Emporium of the Trade and Commerce of the Nation and the residence of the King and his superior Courts of Justice And are but the Antiqua Relevia antient Reliefs which King Henry the first in his Charter of Liberties granted to the people did not reduce unto any certain sums but ordered to be justa legitima And but two hundred Marks for the Relief of a Marques and two hundred pounds of a Duke although there were at the time of the making of those great Charters neither Dukes nor Marquesses in England or any such Titles in being and one hundred pounds for the relief of a Baron And if the warres had not hindred him from those and other his dues but 20 s. for every Knights fee according to the Statute in anno 3 E. 1. towards the marriage of his eldest Daughter and making his eldest Son a Knight and no more of every twenty pounds per annum in Socage Did not according to the Equity and Preamble of the Act of Parliament de anno quinto Eliz. cap. 4. which in regard that the wages and allowances limited and rated in former Statutes were in divers places too small and not answerable to that time respecting the advancement of prices of all things belonging unto Servants and Labourers and that the Law could not conveniently without the great grief and burden of the poor Laborers and hired men be put in execution and to the end that there might be a convenient proportion of wages in the times of scarcity and plenty did repeal so much of the said former Statutes as concerning the working and wages of Servants and Labourers and enacted that the wages of Artificers Labourers and Servants should be yearly assessed by the Justices of the Peace and Magistrates in every County City and Town Corporate with respect to the plenty and scarcity of the time and other circumstances necessary to be considered endeavour to raise them to any higher sums or make them proportionable to the present values of lands and money rates and prices of victuals And by the favour of his now Royal Majesty who delighting in the vestigiis and pathes of his many indulgent and Royall Progenitors though his own very great wants and necessities and their daily importunities might have advised him not to have kept the road of his Ancestors liberality and bounty but to reserve some kindness for himself and his more urgent occasions did not as King Henry the third and several other Kings of England his Successors cause his Taxes Assessements by Parliament to be assessed upon oath according to the full and true value of the peoples Estates or as was done by King Edward the sixth since the Statute of 6 Ed. 3. for restraining the Parliament aids to the old Taxation upon the assistance or relief then so called given unto him by Parliament and make enquiries upon oath of the best values of the substance of such as were to pay that Relief Dismes and Subsidies and by the oaths also of those who were to pay them and caused some to be sworn to value clothes to the end that the King might receive payment of Relief for every cloth or as Queen Mary did cause an enquiry to be made upon oath of the value of the goods and lands of such as were lyable to the payment of Fifteens Dismes and Subsidies in the 2 3 4 and 5 years of her Reign But in his Assessments Aids or Subsidies granted by Parliament did imitate his Royal Father King Charles the first who took and received all his Subsidies at two shillings eight pence in the pound for goods and moveables and four shillings for lands and immoveables with defalcation of debts and consideration of a greater then ordinary charge of children assessed by an express exception without oath and the Commissioners left at liberty to assesse themselves and the Assessors according to the old and easie Taxations Takes and receives his First-fruits or the first years value of Bishopricks Spiritual Promotions and of Benefices not under ten marks per annum and Vicarages not under ten pounds per annum since treble those values as they are said to be in the Kings books and for the Tenths of their Spirituall Promotions after no greater a rate or yearly value which no Act of Parliament ever obliged him to doe then they were long agoe valued with some very small encrease or raising long since in a very few of the Bishopricks but
and the greatest of Customes because it was not gained as most of the peoples Customs or Prescriptions were the best of which had no other originall then the continuance of favours of those that bestowed and permitted them to be enjoyed or a neglect of taking or calling for duties untill time had over-run and covered them with that which is now called a Custome or Prescription but were established by a threefold obligation composed of a Right or Duty a very antient Custome backt by the Lawes of God Nature and Nations and a Contract made and continued by the people to their King built upon the best and greatest of considerations which the Prophet David in the 15 Psalm if it had not been beneficiall but to some loss or damage adviseth not to be broken And merited the bettter observance in that Queen Elizabeth did but the year before call into her Mint and reduce unto pure silver the monies which her Father King Henry the eighth had so much debased with a mixture of brass as it was scarcely half the value in silver which made the price of commodities so much or a great deal the dearer and by her Edicts did all she could to bring down the prices in the Markets which then began to swell more then there was any cause for and in her composition and agreement with many or most of the Counties of England and Wales the next year after did but accept of what then they understood might as the learned and judicious Mr. Camden hath informed us justo pretio at a reasonable or Market rate be well afforded And the Lords of Manors who according to the several customes thereof think it not unreasonable to enjoy their Chevagia or Chiefage which Cowel takes to be pecunia Annuâ— data potentiori tutelae patrociniique gratia a small yearly payment paid by Tenants as acknowledgments for favours and help received or to be received and take their reliefs of their Tenants in Socage in some places by custome a years value and in some but half as much and in others more according as their customes vary the least of which in value of money doth twice exceed what it amounted unto formerly enjoy their Free Warrens and Fishings with many other Priviledges and immunities by Grant or Prescription and with the Yeomanry and lower ranks of people can be content to claim the benefit of their Customes de non decimando of paying no Tythes at all for Lands formerly belonging to the Cistercians Knights Templers Hospitlers or Knights of St. John of Jerusalem or of a modus decimandi of paying but a penny or some little yearly summe of money in lieu of all Tithes and make an inheritance of the greatest part of 3845 Impropriations with the Smoke-pennies or Peter or Chimney pence which being formerly paid unto some Abbies and Religious Houses and coming afterwards to the Crown in the Reign of King Henry the eight and granted out again by him are in many places as Appendants unto some Manors paid unto this day And think it no grievance to enjoy them and many other priviledges which wereby Grants or Exemptions by Papal Constitutions designed to Religious and not any Lay uses And the customary services of their Tenants to repair wayes and Bridges contribute to the maintenance of a Priest or Preacher or to the marriage of poor Maids or to carry Milstones some miles distant to their Milnes to doe suit of Court or be Butler Baker or Carver at some Festivals and can notwithstanding all the sometimes tedious Suits in Law of their Tenants who hold by Fines incertain and their complaints cram'd in a great purse made of many little ones attended with staves and ill-smelling shoes and feet travailing for relief to Westminster Hall and the superior Courts of Justice with store of out-cries of grievances and oppressions filling every Alehouse they come in with the lamentable tediously told stories of that which they doe many times but guess to be like them raise their Fines for admittances unto two years present value which amounts unto sixteen or twenty times as much as the antient value and demand and take ten or thirteen shillings an Acre to reduce the Fines incertain to a smaller certainty Can take the Optimum Animal or best horse or beast for a Herriot at the death of their Tenants when it exceeds the value of as much as 40 or 50 or 100 to one of what it was at the Conquest when it was reduced from a greater to that lesser rate and within a month or less after take as much as they can get for an Admittance of the Widdow or Heir of the deceased which in Copihold Estates differs very Little from a Relief and in some places as in Cumberland Westmerland and some adjacent Northern Counties compel them besides their formerly perilous enjoyned services annexed to their Lands to be ready night or day to repell the incursions of their plundering and unruly Scottish Neighbours to pay a thirtieth penny after the rate or assise of their old rents upon every Alienation and a twentieth upon the death or change of a Landlord which were formerly more easie and have been since only raised to those higher rates in regard of a greater value since put upon lands houshold provisions and commodities should not murmur at the small oblations which in no burdensome great or general contributions are to be made unto the King for the maintenance of himself and his Royal Family And the Copiholders who can when they please think themselves happy in their customes of Fines certain which patientia charitate in jus transiâ—runt crept by the charity and sufferance of their Landlords into that which they doe now call Tenant rights when as the lands which they do now hold is in the improved yearly value ten or sixteen or twenty times in many places more then the former yearly value and are by so much beyond the intention either of the Lords or Tenants the Grantors or Grantees when those Fines certain were at the first set or accepted and in those Tenant Rights as they call them and many of their Customes have in many places large Pastures and Meadows of many Acres yearly thrown out at Midsummer or the first day of August or some other time in the Summer or latter end thereof for a Township to inter Common for three quarters of every year or some months and in some places have Common belonging to their Copyholds for paying to the Lord of the Manor yearly as in Grayes Case in Hil. 37 Eliz. a hen five eggs much increased in price since that collateral recompence as it was in that case resolved to be was first taken continued and preserved unto them by the care of the King and his Laws by Inquiries formerly in the Eyres or Circuits de novis consuetudinibus levatis if any oppression or new customs were imposed by their Lords and no sooner complained
the University of Cambridge who may require the Maior of the Town to make the Assise in the presence of the Chancellor of that University and if it be not well observed may himself punish the offenders by the authorities and power only derived from the King Who may with better reason justice and equity claim and keep his Rights of Praeemption Pourveyance and compositions for it then the Stret gavel was in 4. Ed. 1. claimed by the Lord of the Manor of Cholmton in the County of Sussex that every Tenant of that Manor should yearly give two shillings then a good summe of money pro itu reditu for his going out of the Manor or returning into it or as the Town of Maldon in Essex did in the fifteenth year of the Reign of that King claim by antient custome Totteray which was a payment of four pence for every bushel and a half of corn sold there 4 pence for Stallage and a Mark penny viz. 1 d. per illos qui truncos extra domum in vicis ejusdem ville habuerunt for every one which had pipes or gutters laid or made out of their houses into the streets de omnibus pascentibus mariscum de pecoribus of all that had cattel going or feeding in the Marsh for every Horse two pence Oxe two pence Bullock a penny and for every five Sheep two pence quae praestatio vocatur which in the language of the Civil and Common Law was usually understood to be Pourveyance or furnishing of necessary provisions Or as the Town of Yarmouth which was made a Port or Haven by Letters Patents of King Edward the first did antiently and doe now take and receive of the Herring-Fishers a certain Prize of Pourveyance of Fish and Herring towards the maintenance and repair of their Haven Or as the Lord Roos of Hamlake from whom the Earls of Rutland are descended did claim and enjoy as belonging to Belvoir Castle custumam ibidem vocat Palfrey silver quae levari debet annuatim de villis a Custome called Palfrey silver which ought to be levied every year of the Towns of Botelesford Normanton Herdeby Claxton Muston Howes Barkeley Queenby aliis Hamlettis and of other Hamlets Or as King Edward the third had to send his Writ or Comâ—â—ssion to the Magistrates of the Town of Barwick 〈◊〉 Tweed to inquire Si pisces marini Salmones in aqua de Tweed capt usque villam praedictam duci in vico vocat Narrow Gate venditioni exponi de custumis inde Regi solvend if the Sea Fish and Salmons taken in the River of Twede were brought to the Town of Barwick upon Tweed and put to sale in the street called Narrow-gate and of the Customes to be paid for them to the King More especially when the Judges in 11 Hen. 4. did resolve it to be Law as well as reason that the Pourveyor or taker for the King might take victuals or provisions at a reasonable price to the use of the King against the will of the party â—elling them Which unless the Laws of God Nature and Nations and the Laws of the Land reasonable Customes Liberties Rights and Priviledges should be all and every thing in the peoples own cases and concernments and nothing at all in the Kings and that the duty of Subjects honor of the King and support and maintenance of him who supports and defends them and all that is theirs in their just and legal Interests should be but as the Astronomers lines and terms of art in the firmament as Zones Tropicks Meridian Zodiack and the Ursa major and minor c. meerly imaginary and undemonstrable may with as much or greater reason be understood to be no burden as the late design if it should take effect of the Petition of the Lord Maior Aldermen and Common Councel of the City of London lately presented vnto the House of Common in Parliament in order as they alleage to the honor happiness and prosperity of the Kingdom that the Governor Deputy and Assistants of their desired Company of thâ—â—nglish Merchants trading into Italy and the Dominiâ—â— of the French King and the King of Portugal and of all other Merchants thereafter to be taken into that Association may besides other emoluments to be taken of the Merchants have power for the maintenance of the Government to take and receive upon all goods to be exported and imported not exceeding one twentieth part of the Customes as they are on all goods except Wines and on wines not exceeding one fourtieth part of the Customes as they now are Which twentieth part after no greater a reckoning then four hundred thousand pounds per annum for the Customes which if not too much defrauded are more likely to be eight hundred thousand pounds per annum will be twenty thousand pounds per annum and if eight hundred thousand pounds per annum will come near unto as much as the pretended losses of the Counties in the Compositions for the Pourveyances And the people of England would find the Pourveyance and Compositions for them to be for their own good and profit as well as there is a great and every where to be acknowledged reason for it not denied to be reason in their own cases affairs dealings one with another by the want of greater benefits if the King should shut up all his Ports and forbid all Trade with forreign Merchants inward or outward as some Kings and Princes have commonly and ordinarily done and as Common-wealths and those that call themselves Estates do as well as Kings and Princes in case of hostilities and upon reason of State or some other extraordinary occasions Or put down as God forbid he should or seise as forfeited by misuser which many will be found to have deserved all the Fairs and Markets in the Kingdome or some great part of them or forbid for some time as hath been antiently done all the Markets in two or three Counties and command the people to bring their victuals and provisions to be sold where the Kings or the Publick necessities or occasions wanted them or allow but one or two in a County at the chiefest or greatest of Cities or Towns or as King Henry the third did strictly command the assise of bread wine beer and victuals to be kept in Oxford in debito statu secundum precium bladi sicut in aliis Burgis Villis as it ought according to the price of corn and as was used to be in other Towns and Burrows threatning them that if they neglected to doe it he would seise and take the Town into his own hands and at the same time setting a rate or price upon wines gave the Magistrates of that Town to understand that whoever did otherwise ad corpus suum graviter se caperet omnia vina sua a Vice-comite suo Oxon. in manum suam capi praeciperet should be arrested and
to see or understand it and makes the former Market prizes and rates to be but as Pigmies or Dwarfs to those which are now so immense and Gigantine So as if the Laws of God Nature and Nations right reason and the heretofore well approved custome of England with the care of avoiding of evils and inconveniencies which was wont to be the primum mobile and greatest Orator in worldly affairs to incite and stir up most mens cares and preventions mâ—ny of whom have had cause to lament the not allowing of that and oother the Kings ancient and just rights and a due submission thereunto cannot perswade or lead them unto that great part of reason duty called Prae-emption Pourveyance or Compositions for them the consideration of the lâ—berties and happiness which they do now enjoy more then many of their Ancestors might certainly drive or carry them into their more laudable ways and courses When the peoples want of a liberty of unmannerliness or Praeemption before their Soveraign or his servants on his behalf begets no other loss or grievance unto them then a disturbance of their Fancies or their not obtaining that which did not become them or their Humor of hindring their betters from having of it or to make a vie betwixt them and the Kings servants either to hinder him from having of it or to make him pay for it a great deal more then it was worth Which Davids three Worthies who hazarded their lives And brake thorough the host of the Philistims to draw water out of the Well of Bethlehem and brought it to David who longed and had a desire to drink of it would never have done but would have been ashamed to offer unto their Prince so great an indignity And the charge and enhaunce of the prices of all Commodities necessary for houshold provisions will by the needless racking of rates and prices and the Insana praetia intollerable rates and prices which the King by the avarice and insatiableness of the sellers is and shall be inforced to give so infect and spoile the markets of such part of the people as shall have occasion to buy which are many to every one that is a seller those that are sellers having sometimes also occasion to be buyers as if the wisdom of the King and his great and Privy Councel prevent it not there will in a few years be ten times or a greater charge more then was in the same year when the Pourveyance or Compositions for it were abolished imposed upon the subjects by the Tyranny of rates and prices then ever the Compositions for the Kings Pourveyance or houshold provisions did amount unto And when the difference in the Compositions for the Kings Pourveyance betwixt the Market rates and the Kings price do amount at the utmost but unto sixty five thousand pounds per annum or thereabouts and is charged upon so many and in so easie and petit proportions And being no greater a charge or inconvenience the people who in a legal and Parliamentary way are to help him to sustain and bear his burdens if they love and tender their own good and the well being of themselves and their posterities will too prodigally cast away too much of their own happiness and as much of their own Estates if they shall for want of so small and easie accommodations which are so just and so necessary to the honor and support of their Prince enforce him into so great a prejudice and damage as to pay yearly four times as much as sixty five thousand pounds per annum shall amount unto in many if not all the particulars of his houshold provisions as may be instanced in four and twenty shillings the price of a Sheep which was in the Compositions to be served in at three shillings four pence Aâ— Oxe twelve pounds which was to have been furnished at four marks three shillings or two shillings six pence for a Hen which was to be furnished for two pence four shillings for a Goose which was to be sent in for four pence Lambs at twelve pence a piece for which he now pays eleven or twelve shillings and at Christmas sixteen or twenty shillings Wheat at ten pence a Bushel the Market rate being no more for Wheat in 18. of Queen Elizabeth for which he lately paid before the late dearth 7 s. 6 d. a Bushel and cannot furnish sixteen dishes of meat to the Table of one of his great Officers of his houshold if report be true under twenty shillings a dish And if weather beatâ—n by such an exaction and enhaunce of prices he shall seek a shelter or Port by putting one thousand two hundred and fourty servants the Queens servants above and below staiâ—s not included to Boardâ—wages the profits and allowed avails of their places which contrary to the Laws of England the honor of the King the weal and profit of him and his people too many have deaâ—ly bought and paid for will to reduce their vails and profits of their places into a certain yearly Board-wages their standing Wages and Pensions being so very petit and inconsiderable cost him in such an unreasonable and intollerable exaction and enhaunce of Rates and Prices as there is in the Markets ten times more in money and twenty times more in some then what he now paies if his servants shall not like hunger bitten starved and ragged Beggars be enforced to torment aswell as shame him with their daily Petitions and importunities or be as the naked attendants about the Salvage Kings Or if he shall not make them recompence for the losses of their Diet and availes arising by it will undoe and ruine very near so many Families and Dependencies who have nothing to live upon but his Majesties service and their hopes of subsistance by it Or if the loss of Pourveyance or Compositions for them shall in his house-keeping endamage him but two hundred thousand pounds per annum it will with one hundred thousand pounds per annum profit which was heretofore made by the Tenures amount unto three hundred thousand pounds per annum which will be more then that part of the Excise which was allowed in lieu of the Tenures and Pourveyance and the supplemental Revenue of the Chimney money deductis deducendis will yearly bring into the Kings Exchequer So great a damage will arise unto the King by the loss of his Pourveyance and Compositions for them and so much the greater if he shall put his servants which never King of England was yet inforced unto and the Nobility and Gentry of England untill of late disdained to do to Board-wages and give them recompence for their losses and will be not onely a very great damage and inconvenience in the consequence to the people But a great dishonor unto the King whose sublimity Majesty and Honor is not to be measured or managed by the narrow rules of private men or house-keepers for although it may relish very well
with some that have Tables daily furnished at the Kings charge to feed so many as depend upon it and entertain such men of quality as shall come to his Court about his or their affairs and would much advance their private purses and do well in their own families to have the expences of it turned into a yearly Pension in money wherein the King is like to be as much a saver as King Charles the Martyr was when he allowed Mr. Andrew Pitcarne the Master of his Hawks ten shillings per diem to provide Pigeons Hens and other meat for his Hawks and as he and many of his Progenitors have been in converting allowances or provisions into Salaries And that some of those who advise a Sparing not at all becoming the grandeur and honour of a Prince to make themselves the greater gainers by his bounty to be worse imployed upon themselves may suppose that which might be a fit Espargne in their own lesser Orbes and Oeconomies may serve for the Court and Family of an English King and that the Grandeur and Magnificence thereof would be but little or not at all lessened by some thriftie contrivances and abatements calculated only for their own Meridian and that the Power Authority and Virtue of a Prince can well enough subsist without the prop and support of that due Awe and Reverence which are to attend the Majesty of Kings and that some in their short sighted Policies may reckon such or the like good husbandries to be no small part of Prudence and Providence very laudable and fit to be put in practice Yet the Laws of God Nature and Nations and the state and magnificence of Kings and their Princely Families allowed as well as mentioned in the Book of God and Holy Writ as that of Pharaoh Saul David Solomon and Ahashuerus The State and Magnificence of all the Christian and Heathen Kings and Princes Grecian Magistrates Romane Consuls and Dictators Venetian Doges and Dutch Stadtholders and our laudable customs of England can teach every man who hath not abjured his own reason as well as the Laws of God and Nature and the reasonable customes of England how very necessary the honor and State of Princes are to the obedience and good Government of the people how much they conduce to their well-being how the observance honor and reverence due unto Kings are lessened by the meannesse of their Servants and diminishing their State and Port how unsafe and insipid such new found policies and contrivances would be and that the dishonor of the Prince is the unsafety and dishonor of the people who may easily and every where find a necessity of his Pourveyance or Compositions for it and no reason at all to deny it When the total of the charges of it will be so useful to their Soveraign so becomming his Royal Dignity so necessary to the honor and splendor of his house-keeping and that the parts which shall be charged upon particular men to make up that total will be so petit and inconsiderable as our Laws and the Compositions for Pourveyance had ordered it CHAP. VI. The small charge of the Pourveyance or Compositions for it to or upon such of the people as were chargeable with it AS may evidently and undeniably appear by the Compositions for Pourveyance which were agreed to be paid by the several Counties As For the County of Anglisey in Wales which hath eighty three Parishes but five pounds which is for every Parish not one shilling three pence it being commonly in every County charged onely upon the Lands of inheritance of the greater size or quantity not upon Copyholders or small Freeholders and upon those kind of Lands which were most proper for it and could better afford it as Wheat Malt c. upon Errable Lands and Cattel upon Pasture c. For the County of Mountgomery who weâ—e to provide yearly but twenty Sturks or smaller sized Cattle so called or sixty pounds per annum and had Fifty four Parishes whereof five or six were Borough Towns which made the charge upon every Parish to be little more then twenty shillings per annum All the charge of the Compositions for the Kings provisions being onely of one hundred and eighty Sturks in Wales and its thirteen shires or Counties which costes that Dominion yeerly no more then three hundred and sixty pounds The County of Worcester which hath one hundred and fifty two Parishes paid but four hundred ninety five pounds besides the Kings pâ—ice or rate allowed for provisions served in kinde which is but three pounds and seven shillings or thereabouts to be assessed upon every Parish Derbyshire having one hundred and six Parishes paid but two hundred fifty four pounds two shillings two pence which is something less then fifty shillings upon every Parish Yorkeshire which hath four hundred fifty nine Parishes besides many large Chapelries was charged with no more then four hundred ninety five pounds which was not two and twenty shillings upon every Parish one with another and would not be six pence a year upon every house one with another if no respect were to be had to the real or personal Estates of the proprietors which admits of large differences or proportions more or less then one another The County of Midlesex having seventy three Parishes besides what are in the London Suburbes paid but nine hundred seventeen pound nineteen shillings which by her great benefits by the Kings constant residence in it is in a better condition with her few but vâ—ry plentiful and numerous Parishes then the Counties further distant and by the letting and setting of their Lands Houses and Lodgings and the great rates and prices of all the Commodities which they sell to other people gaineth fourty to one at the least of what they loose by the Kings prices for his Pourveyance or houshold provisions the City of Westminster and the Suburb Parishes of London consisting more of houses then Lands or Pasture and being not at all charged or troubled wiâ—◠〈◊〉 The County of Essex paid for Composition but two thousand nine hundred thirty one pounds two shillings and two pâ—nce and having many of the benefits which Midlesex enjoyeth far exceeding the charge of the Compositions for Pourveyance hath four hundred and fifteen Parishes which is little more then seven pound five shillings upon every Parish chargeable for the Compositions and provisions served in kinde Bedfordshire which hath one hundred and sixteen Parishes paid but four hundred ninty seven pounds eight shillings four pence which was but four pounds five shillings nine pence upon every Parish The County of Buckingham which hath one hundred eighty five Parishes two thousand fourty pounds sixteen shillings and six pence which was but something more then eleven pounds upon every Parish one with another Berkshire having one hundred and fourty Parishes but one thousand two hundred and fifty five pounds seventeen shillings and eight pence which did not charge every Parish with
the Messias be come and not finding him as they supposed to be come the King returns riding upon that Elephant which he prepared for the Messias to ride upon And untill those daily growing and dangerous Evils and sins of pride and luxuâ—y which have undone the greatest of Empires and Kingdoms ruined the Brittaines by the Saxons and the Saxons by the Danes and Normans shall be curbed and redressed there needs no petition to be made for an assent or subscription to this known and sadly experimented truth That there is a great want of money and it is not any plenty of money which makes such an enhaunce of the rates and prices of houshold provisions and of all other things to be bought or sold but our pride begetting an ungodly selfishness and pride and self interest begetting all manner of cheating to maintain them which have brought those evils of evils upon us and made those miseries wants are so every where complained of and have destroyed all honesty friendship obedience and taught the people by such wicked necessities and imitating one anothers good success by their evil actions to run over all Laws and penalties that can be threatned or laid in the way and that the King having no Elixir or means to transmute all the mettals in this Kingdom to an infinitum of Gold and Silver to furnish the vanity of the peoples expences there must in so universal a prodigality and profusion as is in the Nation beâ—yond the reach and compass of the peoples means and estates when a Bricklayer must wear silk Stockings and his wife a Whisk of four pounds pâ—ice and an Alewoman if she hath turned up the Dâ—vel Trump and be but a little beforehand will think her self not well apparelled if her Gowns be not of silk or bedaubed with Gold or Silver Lace every ordinary mans house must be furnished with one peece of plate if not many more the weighty Silver money be melted down into Plate and all or a great part of the Bullion and Foraign coyns exported as soon as they are imported needs be a want of money and that when Kit or Christopher Woodroofe a rich Citizens son in the later end of the Raign of Queen Elizabeth marrying the daughter of a great Lord of this Kingdom which wore a Silver Legg in stead of a better which had been cut off to prevent a greater mischief by a Gangreen had a mad and strange custome to throw his shillings upon the Thames to make them in the language of the Boys to dive and leap as Ducks and Draks it was no marvail that he was many times when he wanted money necessitated to steal his wives silver Legg in a morning before she was up and pawn it And that the Tyranny and Tricks of Trade oppression of the Markets and the arbitrary power which the people take to impose high and unreasonable rates and prices one upon another which exceeds most of the evils imaginable in a time of peace do make a great addition to the poverty of the Nation too many of whom do make their own burdens and complain of them when they have done and may be eased themselves if they would but ease others And that as the people of Florence do more cheerfully endure those many great Taxes and Burdens which the grand Duke imposeth upon them because by a Banda or rule for the rates and prices of victuals and houshold provisions so as those which are sent to buy cannot be cheated or injuried they enjoy such a cheapness as makes them a recompence the people of England would not take their Taxes and Assessements for the publike to be much or any great burden if by reducing the Market prices and rates to a reiglement intended by our Laws they might not so much cozen and oppress one another but be the better enabled to live cheapely and to pay them 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 ANd now that the lines from all the parts of the Circumference of this discourse concerning the lawfulness and necessity of the Royal Praeemption and Pourveyance or Compositions for them are met in the center or conclusion of it every man that is not over Byassed by his own conceit or prejudice or carryed into an obstinacy or uningenious resolution not to alter his opinion or obey so great a truth because he once thought or said or declared otherwise will I hope be so far perswaded by the light and rules of right reason as to understand that Praeemption which is founded upon the Laws of Nature and Nations hath been as ancient a custome in the world as that of Civility and good manners and lived here in England the age of Methusalah is an ancient and undoubted right of the Kings and that the Royal Pourveyance or respects to be paid in that particular from subjects to their Kings and Princes for the supportation of their honor may well deserve an approbation when the Laws of God and the Laws of men and the Civil Common and Canon Laws have not denyed it And the Laws and customs of Nations have made it as common and necessary as the use of houses fire and water and Arms for offence and defence uncovering or bowing of the head in sign of reverence wearing of Shoos or Sandals for the defence or safe-guard of the Feet or any thing else which hath met with a customary and universal approbation and have so prevailed with most of the rational inhabitants of the world as the people of Japan who howsoever they be averse to many of the customes of other Nations as to delight to have their Teethâ—black when others do desire to have them white mount their horses on the right side when as we and many other Nations do on the left do not as we do uncover their heads in saluting each other but onely untie some part of their Shoos or Sandals nor do arise to any which do come to salute them but sit down are notwithstanding unwilling to come behind other Nations in the duty of Pourveyance and honor of their Prince which may induce us to subscribe to that common principle of Nature and Nations that there is and will be a necessity of the Royal Prae emption and Pourveyance or Compositions for them and that there is a noble use of them Nor to think it burdensome when as what the Country looseth by their Compositions or serving in the Kings provisions after his rates or by his Cart takings do not every yeer one with another amount unto so much as the Papal impositions which before the raign of King Edward the sixth were Annually laid upon their fortunes and estates or drawn beyond the Alpes by Romes artifices Or that it is the duty which every man owes to God and his King and Country and the good
of himself and his own posterity to further and advance the peoples cheating and oppressing of one another or to cause the King to pay the dearer or incur so great a damage as now it plainly appears he doth in his house-keeping for want of his Pourveyance when as all the Landed and rich men in England all the Farmers and all the Citizens and Tradesmen of the Nation the later of whom like aqua fortis can eat and make their way to be sauers thorough the dearest or highest rates or prices of houshold provisions by adulterating or raising their Commodities or as a London Brewer lately said concerning the Excise upon Ale and Beer that it should never hurt him whilst there was water enough in the Thames those of that profession being not contented to be repaid by the house-keeper the six pence rated for the Excise upon every Barrel of six shillings Beer unless they may leave out of such a Barrel of Beer six penny worth of Malt and make it by an half Boyling of it to save the expence of fire little better then so much half sodden water and are not satisfied also with such an unchristian cozening of the people and making their drink by such their doings and puting in Broom and other noxious ingredients in stead of Hopps to be as unwholsome as it is weak and naughty unless they may likewise cozen the King of his Dues upon the Excise and put as many tricks as they can upon him and his Laws and Officers and when by these and many other devices they make themselves very great gainers by the Excise in abusing both the King and his people are as busie as any in raising the cry against the Excise as a very great grievance and when all the Mechanick and Rustick part of the Nation workmen day-laborers maid-servants and men-servants shall not onely be savers but gainers by the enhance of rates and prices and the King onely and the poor of the Kingdom be the very great loosers and sufferers by it Or for the interest of the body Politick that the pinch and hardship should lye all on the Princes part and he onely be the greatest looser by his want of Praeemption Pourveyance or Compositions of the Counties as he had formerly be as an Amorite or stranger in our Israel and pay usury for his victuals by being constrained to give two parts in three or more sometimes then fourty per cent for the houshold provisions which his officers and servants do buy or provide for him four parts in five in many things six parts in seven in some other more then the Market rates and prices were in the beginning of the Raign of Queen Elizabeth when the Compositions were made by the Counties and willingly assented unto or that now there is a greater plenty of Food and houshold provisions Trade and Manufâ—cture then were in the former ages and all things may be afforded to be sold as cheap as they were retroactis seculis or some hundred years ago or as they were in the four and twentieth year of the Raign of King Henry the eight and cheaper then they were in the beginning of the Raign of Queen Elizabeth every thing should be dearer to him then to others or that so great an increase of Rates and Prices as have been within this last hundred years and all the mischiefs and inconveniencâ—s of them which have been brought upon the King and his people by private and particular interests the non execution of good Laws and the neglect and carelesseness of the subordinate Magistrates Justices of Peace and Clerks of the Markets should with an addition be continued and fixt upon the King who if he should resume but his Tolles in Fairs and Markets which the Civilians do rightly enough derive a tollendo from taking many of which are now accompted to be as the proprieties inheâ—itance of private men or Lords of Mannors are in some cases more by the indulgence of the Kings Royal Progenitors and a prescription claimed by long enjoyments or continuance of favors then de jure or were by grants or confirmations allowed where they were before but usurped and with-held from him and a Royalty and prerogative so antiently allowed in the Roman Empire as Valens and Valentinian the Emperors a mercatoribus seu negotiatoribus quae ad domum imperialem pertinent exegerunt necessitatem debitam pensionum ex emolumentis negotiationum did raise a good part of their Pourveyance or provisions for their houshold out of the Tolles or profits made by Fairs and Markets those of the people of England who do claim an exemption from the payment of them and those very many proprietors of Lands or Mannors who by many Royal grants and favors do claim and enjoy the profit of the Tolles would finde to be a greater damage and prejudice unto them then that which the Olivariaâ— party and the troublers of our Israel pretended to be by the Royal Pourveyance or Compositions for them or should as he never doth let his Lands to the uttermost penny measure his gifts or bounties by that of private men and proportion his favors according to his wants or occasions of keeping or saving what he can for himself or the ingratitude or forgetfulness of those which receive them and be as unwilling to answer acknowledge benefits as too many are unto him or take his Reliefs Herriots First fruits Fee Farms Quit Rents Customes Fines for alienation Fines certain or incertain of his Copyhold estates at the full and present value and the Fees for his Seals in Chancery and the other Courts and all his Subsidies according to the alteration of monys the disproportion betwixt the present and the former rates there would be cause enough for them to acknowledge his favouâ—s already received and believe that those small retributions in his Pourveyance or Compositions for them will bear so small a part in the Ballance as they should rather lay their hands upon their mouths and rest assured that they which are daily craving and gaining by the King and blest with a peace and plenty under his government cares and protection should be ashamed to make him to be so great a looser and themselves such gainers by his loss and damages And that it can no way become them to suffer him that granted or confirmed their Fairs and Markets to be oppressed by them pay a shilling and many times more for every groat he disburses for his necessary occasions and at the same time in the distribution of his bounties and rewards give a shilling more for every groat which he intended to give shall be kind to every body and receive in acknowledgement thereof no more then to get keep all they can from him which in their own particular estates would bring no less then ruine to all the people of England and those that so very much enrich themselves by putting him to more expences then
to Athens should be by the Merchants brought into the City By the Pattern whereof or from the Laws of Nature and right Reason the Romans in the greatest opinion and rufle of their Liberties were not also without their vectigalia quae ex importatione exportatione rerum vaenalium capiabantur Imposts for the import and export of things to be sold and besides the decumamanum frumenti theiâ— Tenth or Tithes of the Husband-mens Corne which was delivered unto them the Magistrates had sine pretio freely and without recompence their emptum or that which was bought for a certain sum of money or at a rate quam Aratores vendere accepto ex S. C tâ— pretio cogebantur quod frumentum Romam ad alendum populum a magistratibus Romanis mittebatur which the Farmers being compelled by the Law or order of the Senate to take a certain price for was sent by the Magistrates to Rome to feed or nourish the people Tenebantur Campani Samnites Lucani Bâ—utii Tusci aliqui unam semis alii duas decimas pecorum quas alebant populo Romano exhibere the Campanians Samnites Lucani Brutians and the people of Tuscany were bound yearly to send to Rome some one and a half others two Tenths of their Cattle which they bred pro Annona for their provision and had also that which was called EstimatuÌ„ quia estimabaâ— magistratus in cellâ—Ì„ suaÌ„ in usuÌ„ familiae suae asportabatur because that according to the Magistrates rate it was brought into their Houses oâ— Granaries interduÌ„ prò frumeÌ„tâ— pecuniaÌ„ acciperent was sometimes released or discharged for money did usually impress workmen and many things necessary to the building of Forts or Castles or other uses in their Military Publick affairs their Consuls had at their coming into their Provinces honoraria or Presents Honoris loco in respect and honor done unto them and did at their coming into a Province as L. Posthumus Albinus the Consul did litteras mittere ut sibi magistratus obviam exirent locum publice pararent in quo diverterentur jumentaquè cum exirent inde praesto essent send their Mandate or Letters to the Magistrate requiring him to meet them and provide a Lodging and Carriages to be ready when he should depart And besides other Tributes imposed upon Countries subdued had a portion in Corn commonly the Tenth part be-besides other necessaries for the Provision of the Lieutenant and Soldiers maintained there and for other like purposes at a reasonable price Julius Caesar being Consul with Tibullus anno urbis conditae 691. made a Law that when any Magistrates of Rome passed by any Province the people should furnish them with Hay and Victuals Et Angariarum Parangariarum praestatio inter Vectigalia quae Regalia dicuntur annumeratur quia ea Regis aut Imperatoris jura propria sunt cum olim eo nomine significarentur munera onerum vehendorum provincialibus imposita and Cart-taking or pressing of ships carts and horses were under the names of Angaria and Parangaria not infrequently taken to be Regalities and Rights due to Emperors Kings or Princes who had their Annonarii praefecti Annonae Surveyors or Pourveyors of Corn and in times of dearth did cause it to be given to the people without money Jus quoque Angariarum Parangariarum supremus habet magistratus quo jure necessitas incumbit equos plaustra naves prestandi the power of pressing horses carts or ships belongeth to the Supream Magistrate and there is by Law a necessity of furnishing them In the time of Trajan the Emperor who for his goodness and excellent Government was called herba parietaria the wall Flower and deliciae hominum the delight of his people presides provinciarum evectiones dabant did licence or did give warrant for the taking of carts and horses and then and afterwards Tributa species ex Provinciis exactae ad aulam principis in Rhedis Jumentis cursus publici transferebantur the Tributes and Provisions gathered in the Provinces were by Carriages and the Horses of the publick carried to the Palace of the Prince or to his Army insomuch as si immunitas aliquibus concedatur neque ab Annona neque ab Angariis neque veredo excusari possunt nullusque ab hoc onere nec Ecclesia excusabatur in the Grants of exemptions or immunities Pourveyance and Cart-taking were not to be included for that none nor the Church it self were to be excused from such duties whence ships as Vlpian saith came to be arrested by Princes and imployed for publick use and Simon of Cirene was made to carry the Cross of our Blessed Saviour Judex pro Justicia exequenda capere potest Asinum vel Equum vel currum a subdito ut cum eo ducatur malefactor ad supplicium a Judge in order to Justice and to carry a malefactor to execution may command a mans horse asse or cart to be taken and likewise officialis pro servicio publico potest capere jumentum alienum pro mittendis victualibus in exercitum vel pro servicio Regis vel Baronis aut facere mandatum de persona semper debet dari salarium angariato constitutum an Officer may for the service of the publick imprest another mans horse and himself also to carry victuals to the Army or for the service of the King or a Baron giving the Salary or rate allowed the Presides or Governors of Provinces euntes ad aliquam civitatem unam tantum angariam duos paranedos totidem officium petere possunt in their Journey to any city or town might imprest one Carriage and two Palfreys Et ita invaluerunt istae consuetudines and so strong such or the like customs came to be as the Emperors Theodosius and Valentinianus did in their Rescripts order that ubi iter arripimus omnes debeant solita ministeria exhiberi neminem ab Angariis Parangariis vel plaustris vel quolibet munere excâ—sari when they were to make any expedition or progress every man should in all Provinces or places through which they should pass perform their accustomed duties that no man should be excused from furnishing of Carts or from other payments or services And did upon some complaints that messengers sent into the Provinces to carry tydings of Victories Leagues or publique Joyes did take too much for the Pourveyance or si sacros vultus inhiantibus forte populis inferimus when the Emperors should themselves bless the people with their presence in their Progress did ordain ne quid accipiant immodicum that they should not be unreasonable or immoderate in it And the Emperor Leo did ordain that no man should deny his Service in murorum extructione seu comparatione frumenti aliarumque specierum for the building of walls providing of Corn and other Provisions Upon a remission of some Tribute
that purpose seene themselves attended in the plenty State and greatest of Royalty of the King or Prince from which they were sent and in the mean time nothing wanting or missing in that of the Kings attendance or magnificence in his Court oâ— Family From whence at all times Carelesnes Profusenes and all manner of wast were so banished as the Porters at the Gates were charged to watch and hinder the carrying out of meat and provision by such as should not the Pastrie rated in their allowances for Spice Sugar Corance c. the servants took an oath of duty and obedience and the Treasurer and Comptroller to make due allowance and payments with favourable demeanings and cherish love betwixt the King and his people In Anno 7 Jac. Rates and orders were made and set touching the Kings Breakfast and his particular fare as to qualities and proportions for Dynner and Supper and Fish dayes for the dyet of the great Officers and all other Officers and Servants having diet and the like on the Queens side Rates for Bouche of Court for Mornings and Evenings Lights and Candles and the Yeomen of the Guards diet and Beefe ordered to be on Flesh dayes for the King Queen and Houshold In anno 16 Jac. by advice of the Earl of Middlesex Sir Richard Weston Knight Sir John Wolstenholme Sir William Pyt Knight and other discreet men very much experienced in the Affairs of the world appointed to lessen as much as might be the charges of his house many good orders were made for the regulation of the Kings Houshold some abatements made in the allowance for his Breakfast by his own order a Limitation and stint of Joynts of Meat to make Jellies and all other compositions the number and names of all Noblemen and Ladies attending the Court to be quarterly presented And that the Prince should pay for his diet at his coming to Court which the most narrow-hearted and frugall of fathers in private Families and Societies have not done and his Countrymen of Scotland and many English could not say he was according to the rates he paid at his own House and that when he should repair to any of the Kings Houses in remote places he should pay for such of the Kings provisions as he should expend there according as they should be worth at the next Market And yet in all that frugality and care to prevent wast and the daily meeting of some of the Officers of the Green-cloth in the Compting house there were 240 gallons allowed at the Buttery Bar per diem three gallons per diem at the Court gate for thirteen poor men six Services or Mess of meat and seven pieces of Beefe per diem as wast and extraordinary for the Kings honour And there was no Sunday or other day of the week but the Tables of the great Officers and Lords entertained many Lords Knights and Gentlemen which were not of the Houshold but came to see the King or make and attend their petitions and suits and few Gentlemen of quality Citizens or other persons of those multitudes whose busines or desires to see the Court brought them thither but were taken in as Guests to dinner with some of those many other Officers of the Court that had diet allowed them it having been an antient custome after the King was set to dinner to search through all the Lodgings and Rooms of the House to find out Gentlemen and Strangers fit for and becoming the invitation of the Kings Servants to the Kings meats and provision for his servants and in all those treatments and largess of house-keeping there wanted not a sober plenty of wine and beer out of the Kings Sellers and an open house-keeping with so much sobriety as if it had not been an open housekeeping wherein no drunkenness or debauchery was to be seen as is too commonly in the now almost out of fashion open or free house-keeping at Christmas or other Festivals 18 Jac. Regis Divers Ordinances were made for the diminution of the charge of the Kings house-keeping the allowances of wast to be given dayly for the Kings honour reduced to a certainty viz. 200 loaves of bread 240 gallons of beer remains of Wax and Torch-lights to be returned the number of Artificers Victualleâ—s and Landresses ascertained number of Carts for Carriages stinted and proportioned to all degrees and Offices the charge of the Stable being almost doubled to what it was in Queen Elizabeths time to be lessened as much as may be none to be sworn Servants before the number of Officers should be reduced to what was formerly no Offices or Places in the Kings House to be sold all other good Orders to be put in Execution yet could at the same time by his especiall grace and favour remit to certain places some of his compositions Nor did those contrivances and endeavors to lessen the Kings charge of house-keeping die with King James but were found to survive to his Son and Successor his late Majesty King Charles the first in the third year of whose Reign half the allowance for houshold diets was abated on fasting nights and the carriages in every office reduced to a certain number and when the composition or Country provision of Oxen or Sheep did by the Courts frugality sometimes exceed or make an overplus they were sold and exactly brought unto an accompt for the defraying of other houshold charges where as his Royal Progenitors used to doe he could in his greatest wants and care of all fitting Espargne in his own diet and houshold cause the Lord High Stewards Table in time of Parliament to be constantly abundantly and extraordinarily kept and furnished to treat and dine the then numerous nobility and persons of honour coming to the Court and Parliament But all that was of Innocency antient legall and just Rights in it backt and seconded by right Reason the Lawes and reasonable Customes of the Land the Oaths of Allegiance and Supremacy taken by all Magistrates Justices of Peace Officers and many of the better sort of the people and of every Freeman of every Trade and Company in London and ordered to be taken by all men in the Kingdome to defend and maintain the Rights and Jurisdictions of the King and his Crown and the interests concernments good honor safety welfare and happiness of every man in particular being involved in that of their King or Prince were not enough to perswade those who had found the sweetness of ruining him and all which were loyal and well affected to him from pursuing the sinfull and abominable ends and designes of themselves and their great Master of Delusion the Devil to murder him but whilst they hunted him like a Partridge upon the mountains and through more persecutions of mind and body and a longer time then ever the righteous and holy David endured in his greatest afflictions could take all that he had from him his Lands Revenues and Estate and so much as
his Plate for religious uses for his Chappel and Devotion sell the Coats of the Yeomen of his Guard break in scorn his great Seal of England by the hand and hammer of a common Blacksmith which shewed what they intended to the life of the owner drive and engage all men into a monstrous Rebellion a slavery which proved to be the consequence and just reward of it and deprive him as much as they could of the loyalty duty love and obedience of his people and having abundantly enriched themselves and their Godless praying party by the Crown Lands and Revenues of the Church most of the Nobility and Gentry and many other good men and their Families did not think it reasonable to serve their Master for a little but as a further reward and recompence for their care and diligence to oppress and ruine their King and his better Subjects would be sure to make for themselves as good a Pourveyance and Provision as they could upon pretences of some little losses in their own small and necessitous Estates and allow one another besides their gaine of plundering and traiterous and sacrilegious purchases out of the improvements of the Common misery and washing as well as wasting three Kingdomes over in blood some fifty pounds some ten some four pounds a week towards theiâ— support and maintenance and to make their proportions the more plausible and to seem something reasonable would not leave out of the account the well stretched Items of the losses and charges of their Grandchildren married Sons and Daughters and when they had finished their ungodly work murdered the King Monarchy Magna Charta Petition of right and the Lawes and Liberties of the People and converted their own sins into the bloody and unsure foundation of a Common-wealth founded upon the blood and murther of their Soveraign and many thousands of his loyal and religious Subjects and the perjury of themselves and as many as they could perswade or constrain unto it and the greatest of iniquities and made the people who got as much ease by it as the Asse in the Fable who thought to make his burden of Sponges the lighter by lying down in the water with them believe that when two parts in three of the Kingdome were undone to enrich a third and brought under a slavery and arbitrary power of the mechanick and ruder sort of them that their freedome from Pourveyance and Cart-taking was an especial deliverance which amongst other wonderfull things as they called them pretended to be done for them being only to buy Sadles for their reforming Legislators to ride upon their backs and a favour much of kin to that of Pharoahs kind usage of the Children of Israel when he set Task-masters over them to afflict them with burdens made their lives bitter with hard bondage caused them to make bricâ— and double the Taâ—e thereof and gather the straw was recompence sufficient for all their money and sins laid out in that wicked and detestable cause and for all that which they were to endure in this life and the next and in that seeming holy but assured cheating a miserable and strangely deluded Nation continued like the Egyptians in their way to the Red sea and oppressing of Gods people untill their Oliver and grand Impostor and Instrument had out-witted and undermined them and insâ—ead of many Tyrants had set up his single Tyranny and having from an indebted and small Estate made much less by a former drunken and debauched conversation by which he was so streightned as not to be able to buy some oats or pease to sow a small parcel of ground but to borrow some of a friend upon his promise of a Repayment upon his hoped for increase at Harvest did notwithstanding neither then nor after a more plentifull crop of his wicked doings and that great Estate which the sinnes of a factious and wicked part of the people had made him Master of ever find the way to satisfie or repay And having largely pourveyed for himself better then he could do in his Brewhouse put an Excise upon Ale Beer and intoxicated as many as he could seduce with an opinion that Rebellion was Religion and gotten an Arbitrary power with a large Revenue in Lands which was the Kings and other mens an Army of twenty thousand Foot and ten thousand Horse and a formidable Navy to be maintained at the peoples charge to continue their misery and three hundred thousand pounds per annum to defray the charges of his tyrannical Government took himself to be a Child of Providence and something more then one of the smallest Branches of Cromwell alias Williams King Henry the eights Barber and therefore in order to a Kingship or something by another name amounting to as much made it his work to disguise and metamorphose the antient Government decry our fundamentall Lawes and every antient constitution dig up by the roots all that was not novel or assistant to his designs fit to make a head out of the Heels and after he had taken an oath to maintain and preserve the Laws and Liberties of the people imprisoned Serjeant Maynard Serjeant Twisden and Mr. Wadham Windam who pleaded in the behalf of a Client for them thought it to be conscience Law and Latin good enough to call our Magna Charta magna Farta and did so order his Convention or thing called a Parliament of England compounded and made up of time-servers and a Medly of Irish and Scottish of the like complexion as they were brought in Anno 1656. by one of their Tooles called an Act of Parliament to ordain that pourveyance or Composition for the Kings house which they were taught to alleage to be a grievance to the people and very chargeable when there was none at all at that time in being in England nor was ever intended by many of the worshipfull Mushrooms to be thereafter should no more be taken under pain of Felony And was as great a kindness and ease to the people as if they had ordained that no more Subsidies which seldome amounted to more then a tenth part of the late yearly Taxes should be imposed by Parliament but Assessments at 70 thousand pounds or one hundred and twenty thousand pounds per mensem as often as long as that which they called the supreme Authority should have or feign a necessity for it or that offenders should be no more sent for by the Kings messengers or tried by Juries and the known Laws of the Land but at Cromwells High Court of Justice or Shambles lined with red or bloody Bayes or that there should be no more use or trouble of the Train Bands but an Army of 30000 domineering Redcoats or Fanaticks with their Bashaws or Major-Generals maintained at the peoples charge to keep or make them quiet under their vassalage or slavery or that there should be no more Coat and Conduct money long agoe remitted by King Charles the Martyr
but free quarter as oft as any Plot should be feigned and contrived to Bugbeare them into more Taxes and Garisons and make them the more willing to pay new Assessments and content to imbrace their miseries But the Varnish and Fucus of those State-Mountebanks and Intruders being by time and many years lamentable experiments discovered found out and detected by all men which had not been gainers by it or bound their understandings and reason apprentices to the witchcraft or inchantments of the Devil and his Angels chattering and canting Scripture on purpose to wrong and ensnare them If any in our times of pretence of much reason and little or no practise of it shall be so over inquisitive or curious as to demand CHAP. III. The reason of Prae-emption and Regall Pourveyance or Composition for the Provision of the Kings Houshold WHich deserves a place inter Regalia insignia Majestatis amongst the speciall parts of Prerogative and denotations of Royal Majesty it will besides the universality of it and the allowance direction and examples of the Law of Nature and Nations before demonstrated be as obvious to all that will not willfully or purposely forsake the great road or high-way of Reason and Truth and creep into By-pathes of Error and Fancies as the causes and right reason of tributes self-preservation gratitude and retribution for publick benefits and the support of that happines peace and plenty which every man that would not be a Candidatus amongst such as are listed for Bedlam would not only willingly enjoy but leave as a Legacie to his posterity And the objections that every â—eller is to ask what price he pleaseth for that which is his own that no man by Law can lesseâ— or take that liberty from him which jure naturae by the Law of Nature is due unto him and that Jura naturae sunt immutabilia the Laws of Nature are not be abrogated that every Buyer is to have a free disposal of his own money is not to be restrained in the pleasing of his appetite or fâ—ncy or providing for his necessities or occasions in the giving what rate he will or laying out of his own money will be too weak to hinder or interrupt our passage to the conclusion or proving of it to be rational For that the Lawes of Nature which takes care of particular mens just rights and liberties do take a greater for the generall well-being of mankind and do many times enforce particulars in order to common good to yield and give place to Generals and God himself the natura naturanâ— great Master and Governor of Nature and the greatest and most prudent of all Legislators having all things past present and to come before him and uno intuitu looketh at once into them who may well be believed to be better skilled in the making of Lawes then any of the sons of men who at the best can only view the things that stand before them or which are weakly imprinted in their memory did in the righteous Lawes which he made for his beloved people of Israel and Children of the Promise limit the taking of Interest for the mony which was their own commanded them not to be usurers to the poor of that people and if they took a garment for a pledge to restore it unto the borrower before the going down of the sun ordered them to release their Creditors at the seven years end and permit the poor to enjoy their Lands their Vineyards and Olive-yards in that year of rest and not to sow or till their Land in the Jubile or fiftieth year but to return every man into his possession and in selling ought unto their neighbour or buying ought of his hand they should not oppress one another And the good Nehemiah the righteous governor of a Remnant of that people did not take it to be out of the power of the chief Magistrate to abate or mitigate unmercifull and hard hearted bargains and contracts in the lending of money one unto another but was angry and made them forbear their usury and restore to the Mortgagers their Lands their Vineyards their Olive-yards and their houses also the hundreth part of the money and of the corn the wine and the oile which they exacted of them and bound them unto it by an oath From the pattern or by imitation of which unquestionable Lawes came that rule or reason given by the Wisigothes in a Law of theirs prohibiting the stopping of the passage of ships or boats upon great rivers upon the pretence of a right of Fishing ut nullus contra multorum commune commodum suae tantummodo utilitati consulturus that no man taking care only of his own private profit more then that of the Common-wealth or many should do it our English Kings for publick utility and common good which according to that Axiome of the Civil Law that privatorum conventiones juri publicae derogare non debent private mens interests or bargains are not to inconvenience or disturb the Publick is to take place of every mans particular long before any Acts of Parliament were made to bring usury into some reasonable compass have punished excessive usury not suffered any man kernellare to embattel or build his house in the manner or form of a Castle though it were upon his own ground or at his own charge nor to make a Park in his own ground without the Kings License and from the rule of Interest Republicae ut re sua quisque bene utatur that it is for the good of the Commonwealth that every one should so use his own as not to doe any hurt to the publick punished one that set his corn on fire and in the Case of one Barrell in 5 Eliz. did by Decree of the Court of Star-chamber sequester part of his Estate to preserve it from his Extravagant expences and hinder him from undoing of his wife and children the abuse of propriety and the evils arising by a misusage of it being only thereby restrained as the prohibiting and punishing a Nusance by a Writ or Indictment or the bringing or suing out a Curia Claudenda for not making of Fences and the like remedies which our Laws of England have in many cases provided only to but and bound every mans propriety but not to take it away or do any harme or hurt unto it agreeable to the opinion of Grotius who tells us out of the almost Christian Tully that it is contra naturam ex hominis incommodo nostrum augere commodum natura non patitur ut aliorum spoliis nostras facultates copias opes augemus against the rules of nature to increase our Estates or gain by the spoils and damage of other men Et doli mali vox saith that learned Grotius omne significat quod naturali juri equitati repugnat and that every thing which is contrary to equity and the Laws of Nature are to be
by his own finger or spoken by his own mouth give all the Nations of the Earth a pattern or direction for Pourveyance and gratefull acknowledgements in his reserving the Tenths or Tithes for his Priests or Clergy notwithstanding their Glebe and 48 Cities with the Pomaeria's or Lands belonging unto them and their shares and parts out of the multitudes of Sacrifices with many other Fees and Priviledges which were for a further support and provision for them great offerings of Oxen Silver and Plate brought unto the Tabernacles by the Princes and the Heads of the houses of their Fathers which God himself directed Moses to receive and dispose amongst the Levites and the offerings at the Feast of the Passeover which later if not brought were to be very poenal to the refuser in being to be cut off from his people their Offerings and Free-gifts and First-fruits and that which was brought by Gods direction as a Pourveyance for the building of the Tabernacle which was then the only Church Which our fore-fathers the Britans as well as the Saxons had so good a mind to imitate as they did in the Feast of St. Martin yearly offer to the Church for their Ciricksceat or contributions to the Church certam mensuram bladi Tritici a certain measure or quantity of wheat and at Christmas gallos gallinas Hens and Cocks which in a Synode or Councell holden in Anno 1009. at Aenham in England were interpreted to be Ecclesiastica munera contributions to the Church and long before that established by a Law of King Ina's under a great penalty and by a Law of Canutus long after laid under a greater penalty of eleven times the value of the Bishop and two hundred and twenty shillings then a very great summe to the King And it may be remembred that our Saviour the blessed Son of God whilest he was upon Earth and was the Messiah or King of Israel long before prophecied and to ride as a King in a kind of triumph into Jerusalem and would not use unfitting or unjust wayes and means unto it did send two of his Disciples for a Colt or Foal of an Ass to ride upon with no other answer or satisfaction to be given to the Owner but that the Lord hath need of him and streight way he will send him hither which a learned Commentator upon that place understands to be some exercise of a Kingly power to convince the stubborn Jews of his Kingly office But if the Royall Pourveyance or Compositions for them shall be so unhappy as not to be able to grow or prosper upon the Stocks of gratitude or those every daies benefits quae magna accipientibus ac etiam dantibus which are great to the receivers if rightly valued and great and costly to the givers which the people of this might be fortunate Island have for those many ages and hundreds of years past had and received of the Kings and Monarchs thereof The contracts and agreements made with the several Counties for the Pourveyances their willing submission thereunto if the King had no former right as he had a sufficient one thereunto can no less then induce an Obligation that naturalem rationem honestatem naturalem juris fidei vinculum quibus necessitate omnes astringuntur natural reason and honesty with the Bonds and Tyes of the Law and common faith which ought to be in every man and one unto another And being the great Peacemakers cement and quiet if observed as they ought to be in all the affairs of mankind brings with them or are to enforce a necessity of performance But if the obligations which the faith and contracts of one man to and with another which generally binds the most rude and ignorant of mankind and the Heathen as well as Christian shall not be able to make any impression upon us Or if Gratitudes Duties and Retributions to our King and Common Parent can by any rules of Law or Reason be interpreted or understood to be no more then a Custome All the subordinate ranks and degrees of the People and Subjects of England might be perswaded to follow the counsel given by the blessed Redeemer of Mankind which the Emperor Severus and some of the Heathen Roman Emperors by the only light of nature could as if they had read his Gospels propose afterwards almost in the very same words of Doe unto others as they would have others doe unto them and believe that the legall priviledges and customes of the King in his Praeemption Pourveyance or Composition for his Houshold who gave or confirmed unto them all their Priviledges and Customes being rationabiles and by the Civil Law are undeâ—stood to be legitime praescriptae most reasonable and lawfully prescribed or used when they are bona fide and but for forty years and ought to be inviolabiles quia nec divino juri nec legibus naturae Gentium sive municipalibus contradicunt inviolable when they contradict not the Laws of God Nature and Nations and the Laws of the Land neither are nor can be any grievance but are justly due unto him as he is their Supreme when as it was well said by Judge Barkeley in his Argument in the Exchequer Chamber in the Case of the Ship-money unhappily there put to a dispute the whole Realm is but one body whereof the King is the head and all the Members doe center in that body and if one member epecially the head do suffer all the rest will suffer with him and though every man hath an Interest in the Common-wealth yet the Kings Interest is incomparable and beyond all others And the Compositions for the Pourveyance being not only a duty and a custome now above 88. years reckoned but from the 3. year of the reign of Queen Elizabeth which was the time of the first agreement or compositions for the most of the Counties of England and Wales to the death of King Charles the Martyr and from his death to the restauration of Charles the second his Son our gracious Soveraign in the twelfth year of his Reign will yeild no less a Totall of years then one hundred which is justly accompted to be a time immemoriall or beyond the memory of man and makes a more warrantable prescription and ground of Title then that in King Henry the seconds Reign tempore Henrici Regis Avi in the time of King Henry the first his Grandfather or post coronationem suam after his own coronation or post ultimam transfretationem in Normanniam after his last going over into Normandy or that in Henry the thirds time post ultimam transfretationem in Britanniam or that time of Limitation by the Statute of 32 H. 8. ca. 2. of 50 years for bringing of Writs of Right and Formedons c. And in the Kings case being a greater Epocha period or account of time must needs be the best of Prescriptions
Elizabeth if they stood upon equall terms with him and owed him neither gratitude allegiance or subjection That he who is so great a looser by the change alteration of times and his own his Royal Progenitors bounties and indulgences might howsoever be allowed to be a little gainer in that one particular of the Compositions for his Pourveyances for in every thing else he is abundantly a very great looser and ought as well to take an advantage by it as the Clergie and Impropriators of England doe by the rise and encrease of their Tithes and impâ—ovement of their Glebes and are sure to be gainers by the difference in the value and price of commodities when as they sell their corn at the highest rates and make the improvement of their Glebes to follow the rise of money and the Markets And may take it to be no Paradox or stranger to any mans understanding or belief that the King who by his Lawes hath ordered that reasonable prises and rates should be taken for victuals and houshold provisions for himself and all his people and if his Sheriffs Justices of Peace Clerks of the Markets and the Lords and Stewards of Court-leets had but imitated the care of their Predecessors in the execution of the trusts committed unto them by their Soveraign and his Laws or of the Sheriffs in the reign of King Henry the third when as the King by his Writ being petitioned to give the Sheriffe of Bedford a power to dispence with the Vintners in the Town of Bedford for selling wine above the rates assize doth it in these words Rex c. Vic. Bed salutem Quia Villa de Bedeford distat a quolibet portu maris duas dietas tibi praecipimus quod permittas Vinitar Bed Sextarium vini Franc. vendere pro 8. denar sextarium vini Andeg. Wascon de Blanc pro 10 d. non obstante c. Teste R. c. allowing them to take for a pint and a half if the Sextarie was then accompted to be no greater a measure of wine 7 d. and for the like measure of white wine of Anjou and Gascoine 10 d. And had not as they doe daily too much neglected the execution of the Laws and laid by their duties to God their King and Country and by being over wakefull and diligent to improve their estates and private interests taken a Nap or fit of sleeping in point of time farre beyond that of the seven notorious Sleepers might at this day have been out of the reach of the causeless murmur of those who as they were seduced and fooled by Oliver and his Associates in the greatest of iniquities can make a Non causa to be a cause of their Complaints and of a grievance to themselves when as they and many of their fellow Subjects are and have been the only and immediate causes of it and if rightly considered is a reall grievance to the King and to all that buy more then they sell. And that if the King and his Laws had been as they ought to have been better obeyed and observed in such a Land or Kingdome as England is which is justly accompted to be blest with so much peace and plenty and such an over-plus of all things good and pleasant as well as necessary for the sustenance of the People or Inhabitants thereof as a deer year is not heard of above once at the most in ten or twenty years but many very cheap ones The rates or prices agreed upon by the Counties in the fourth year of the reign of Queen Elizabeth would have been enough and sufficient or more then enough if the Acts of Parliament of 25 H. 8. ca. 2. to suppress the enhaunce of the then Market rates which may well be supposed to have been much cheaper then what it was in Anno 4 of Elizabeth and the Statutes of incerti temporis or King Henry the third 3 4 Ed. 6. ca. 19. 5 Ed. 6. ca. 14. against Forestallers had been duly put in execution And that the 12. Counties bordering upon London and adjacent as Middlesex Essex Kent Surrey Sussex Hertford Buckingham Berkshire Bedford Oxford Cambridge and Hâ—ntington Shires making no small gains by the vent and rise of their provisions and commodities and an high improvement of their Lands beyond all other Counties and Parts of England would if the Markets had been regulated and kept down to such just and reasonable prices as might have been well enough afforded have for want of their now great rates for victuals and commodities night and day sent unto London that greatest belly and mouth of the Kingdome and their racking or improving of their Lands been constrained to let fall and diminish their rates and prices and follow the regulating of the Markets and make their prices and rates to be conformable to the Laws and plenty of the Kingdome which would have brought unto them and their Estates a greater or more then supposed damage many times and very far exceeding the pretended losses of serving in their proportions of the Kings provisions as they were agreed upon And if this shall not be believed without experiments or demonstrations they may be quickly brought to assent unto that which will certainly pâ—ove to be a truth that if the King should as King Henry the second keep his Court and Parliament for a time at â—larendon in Wiltshire or as King Edward the first did keep his Court and Parliament in Denbigh-shire at Ruthland too often mistaken and called Rutland or at Carnarvon in Wales or at York where whilest he was busie and imployed in his Warres against the Scots he kept his Terms and Court for seven years together or as many of the former Kings did keep their Christmas and other great yearly Festivals sometimes at Nottingham other times at Worcester Lincoln and other places far remote from London And as the Sun yearly diffuseth his liâ—ht and heat in his journey through the Tropicks some at one time and some at another unto all parts of the world or as the blood in the body naturall daily circulates visits and comforts all the parts of it should enrich comfort most of the parts of his Kingdom with the presence and influence of his Courts and residence Those rates and prises in the Composition for Pourveyances would rather prove to be too high a rate and allowance then too little As it happened to be in Anno 1640. when the late King and Martyr was enforced to be with his Court and Army about Newcastle upon Tine on the borders and confines of Scotland where the cheapness of victualls and other provisions at the Market rates in those parts fell to be very much under the Kings rates or allowance according to the Compositions for his Pourveyance made in the Reign of Queen Elizabeth which the Inhabitants and People thereabouts understood so well as a great store and farre more pâ—ovisions being daily brought in at those rates then
the King and his then more then ordinary numerous retinue could expend he was which many that were then present can testifie enforced by a Proclamation to forbid the bringing in of great quantities or more then was necessary And if the rates which Queen Elizabeth accepted her provisions to be served in by the Counties had been agreed to have been paid in money and not in kind and had by the fall of the Markets which the Lawes well executed would in a Kingdome of peace and plenty have easily brought to pass been too high a rate and more then the provisions served in kind would have amounted unto those who made that agreement for themselves and the Counties and places which they represented could not have receded from it no more then she or her Successors if the provisions served in kind should have grown cheaper or might have been had for less money or been bought by her Officers at easier rates then the Compositions could without the help of a Proviso with honour or Justice have desired that her provisions might not have been served in kind by the several Counties of England and Wales but that the money or rate then agreed upon to have been the price of those provisions should have been yearly paid into the Exchequer to be disposed of for that purpose which probably might have been the reason that at the first agreement made by several Counties for the Compositions some for 3 years some for four and some for seven there was a proviso that either party disliking which until our mad times or quarrelling with the fifth Commandement and finding fault with every thing that fed not the rebellious humour was not at all done by the Counties should be at liberty and free from that agreement For there can be no reason unless ingratitude and unreasonableness neglect of Laws and Duties breach of Faith and Contracts and reasonable Customes unto the King and Soveraign shall be installed virtues and put in the seat of reason and understood to be no otherwise that when all the Lands of the twelve adjacent and neighbour Counties of London have been so exceedingly and to such a height improved and the Lands of all the other Counties of England and the Dominion of Wales have by neighbourhood and communication largely likewise and more then formerly improved and raised their rents and estates by the rise and greater prices given for Corn Cattel Victuals and all other Houshold Provisions more then they were heretofore the Landlords made to be so very great gainers and the Tenants if they be no great gainers sure enough to be made savers by heightening the prices of Corn Cattel and all other victuals and houshold provisions the King only should bear the burden and not partake of some of the fruits if there were nothing else to require or deserve it of their great advance and increase in all their Estates and Revenues And that he by whose power alliance and interest with forreign Princes the People of England doe enjoy the trade as well inward from forâ—aign parts as outward into them the many priviledges and immunities procured for our Merchants by his famous Progenitors and Predecessors as that of Burgundy and the Neatherlands France Spain Portugal Ligorne the Russian or Muscovy Trade the Hanse or Hamborough Turkish and East-Indie Trades for all which but Burgundy and the East-land Trades our Merchants are beholding to Queen Elizabeth and King James the Rex Pacificus with the Trades now begining to florish in and with our English Colonies in Virginia Bermudas Barbados St. Christophers Meviâ— New-England and Sianam c. which doe serve to augment our plenties and delicacies in England and his protection of them and all their Trades with forreign Princes by his Leagues Confederacies and Ambassadors and allowing them the freedom of the Seas and Ports and that beneficiall Trade for the London Woodmongers or Colliers to Newcastle upon Tine for coals where their Chaldrons by which they buy are more then double to what they sell and measure by at London and the owners of the Colleries to gain their custome doe not only sell at cheap and easie rates but give and allow them for nothing seven and sometimes eight or nine Chaldron of their great and double chaldrons or measures in every twenty or score of chaldrons and notwithstanding their easie and small rates can by engrossing and keeping them upon the River of Thames unsold and a combination and confederacy among themselves sell their coals at 24 or 30 s. a single or London chaldron and think that also not to be gain or profit enough unless they can upon any Frost or increase of winter weather or the news sometimes but feigned or pretended that a Ship or two of coals were cast away by storms raise their coals 2 3 5 10 or 20 shillings more in a chaldron when they please to the damage of the Rich and great oppression of the Poor who buy their coals by the peck and must pay a greater rate for them then their labours small earnings every day from 4. in the morning until 12. at night will amount unto and did in the times of Rebellion and pretence of Gods glory to be advanced by it continue their mystery of trade and oppression to such a height impudence as when it was proved at a Sessions at the Old-Baily in London that they might sell cheaper and the Lord Maior and Justices had put a rate upon coals and ordered that they should sell accordingly neither the fear of Laws or Magistrates was able to perswade them to an obedience or diswade or deterre them from their Liberty of sinning should be denied such a legal antient and reasonable duty And may believe that the granting and permitting of Marts Fairs and Markets at home and the improvement of his Subjects Estates Revenues a five times moâ—e in some places and ten in others within the space of 200 years last past and 20 times more then what they were before that period by their peace and liberties may very well deserve so small an acknowledgement and return and so petit a priviledge as the having of a Praemption and his Provisions served in for his household at reasonable prices which is no more then what the Law it self enjoyneth to be done unto all the People and Subjects of England from the highest to the lowest and to the poorest as well as unto the aboundantly or indifferently rich And that when in our Magna Charta or great Charter of our Liberties the Praeemption Pourveyance was not denied upon present payment for all under 40 shillings and for the rest within forty dayes after and the Cart-taking upon the payment of ten pence a day for a Cart with two horses and fourteen pence a day for three secundum antiqua pretia after the old rates for which now are allowed better rates and being afterwards confirmed by King Henry the third in a solemn procession
promises of gratitude and thankfulness after they are had and received to have given him in perpetuity as much or a great deal more than ever the Pâ—aeemption Pourveyance or Composition for it would have amounted unto and imprecated curses and woes as many or more then the plagues of Egypt to have fallen upon them and their after generations neglecting it for it is ever to be understood that the Subsidies Assessements and other Ayds given to the Kings and Princes of England by their Subjects and People in Parliament or at any time taken or otherwise received by them have been more with respect unto their own particular Estates included in the safety of his greater and his granting them free and general pardons not only for offences criminal committed one against another but for offences committed against the King and incroachments and intrusions upon the royal Revenves and for his Royal protection and defending of them and preserving them in their peace and plenty then as for any retributions or acknowledgements of their favours shewed to any or many in particular There being as much reason for the King to expect and receive the presents or acknowledgements of his people as it was for King Solomon to take his presents sine quibus saith the great and excellently learned Grotius Reges Orientis adire non solebant without which the people were accustomed not to come unto their Kings and continued long after to be a custome as may be understood by the Kings or Wise men coming out of the East to worship and adore our blessed Saviour at his birth and is at this day not disused in the Africk and Asiatick Countries And did not nor ought to dull or lessen the alacrity and payment of other necessary duties and tributes when as Solomon besides the provisions of his Houshold brought and served in every year by a rate and what he had of the Governors of the Countrey which if they were not provisions or conducing thereunto might be some other Tributes and did receive Gold and Tributes or Customs of the Merchant men of the Trafâ—ick of the Spice Merchants For if it hath been reason every where and amongst all Nations where either subjection and duty to superiors or humane prudence had any entertainment or abode to take as much care as may be of general and publick safeties when the safeties of particulars are included and comprehended in them and to be willing in the common or publick calamities of a Warre already fastned upon them or hope to prevent them readily to contribute to their Princes or permit them to take provisions sometimes without any price at all and at other times but at reasonable prises in order to their preservation or repelling of evils or inconveniences which would a great deal more molest or trouble them or to give him or his Army free quarter as the men of Israel Juda did unto David their King or bring or send victuals and provisions to his Camp or marching Army and can think it no ill husbandry though they have but the day before paid contribution to the Enemy had much of their Cattel and Provisions taken away by the Enemy a Husband Brother or Sonne killed women and children slain and butchered and the bloody and dreadfull Scenes or Pageants of Warre every where to be seen heard of or lamented or to do as the Danes did lately to the unjustly invading Swedes give money to keep their houses from spoiling or burning It can be no less then reason to contribute something yearly to a King who not only keeps us from those and many other woes and miseries by land and by Sea but daily heapes and multiplies his blessings upon us in protecting and defending us and not only gave many of us our Vineyards but procureth us all to sit quietly under the shadow pleasure content and fruitfulness of our owâ— vines and by his care at home and abroad preserves us and our Estates in an envied peace and plenty And be the more willing to allow him his Praeemption and Compositions for Pourveyance which amounts not unto the two hundreth or five hundreth part and sometimes not the one thousand part or more of the expence and losses which warre and the many times not to be avoided unruliness and spoil thereof may bring upon them Unless like Ulisses Companions transformed into Swine by the accursed charms of a Cirâ—e or inticements of selfish or foolish interests for the maintenance of our vices and luxuries we should think it to be either Religion Duty Conscience Reason or Prudence to take all we can from a King who is the Guardian of all his people and a nursing Father to the Church which his Royal Progenitors Kings of England were so long agoe accustomed to rank amongst their principall cares as in the 23. year of the Reign of King Edward the first it was alledged in a pleading and allowed for law right reason that Ecclesia est infra aetatem in custodia Regis qui tenetur jura haereditates ejusdem manu tenere defendere the Church is as an Infant under age and in the custody of the King who is bound to defend and maintain its rights estates and hereditaments who governs by no Arbitrary will or power but by our known Lawes which are so excellent beyond all the Laws of other Nations so rational so binding and transcendent so carefully watching over the peoples liberties and proprieties such a Buckler Guard and strong Tower of defence unto them and poenal to all that shall but execute any unjust or illegall commands tending to the violation of them not to be denied by the most seditious and undutifull Subjects when they shall but be pleased to be friends and at peace with their reason and understanding as if by any divine punishment proceeding from an iratum Numen an angry and just God after ages should find England to be governed by a King or Prince as cruel as Nero or Commodus and as arbitrary and unruly as some of the Roman or Eastern Emperors have been there cannot untill the sword shall have cut the strings of our Magna Charta and silenced or banished the Laws be any oppression or evil happen to the people without the Balm of Gilead and remedies as quickly brought and found out by our Lawes as there can be any necessities or occasions of them Wherefore we should not like people altogether transported and carried out of humanity into a Lycanthropia or woolfish nature think it to be rationall honest or becoming us instead of every mans saying Domine quid retribuam Lord what shall I render thee for all thy benefits to make it the greatest of our care imployment and business not only to take from the King but keep all we can from him And if they would or could tell how to doe it without the just reproach of disloyalty dishonesty and villany should not do it in his
preserve and increase their Husbands estates not to waste or destroy them would if they might injoy their spending humors in the wasteful course of their lives be able to consume the value of all or the greatest part of the Lands and Estates in a County But however such kind of people shall so misuse their estates and Talents our Kings Princes being to guide their Actions by higher more transcendent rules then any of their Subjects did in the better times of vertue and Hospitality are not certainly to be restrained in the magnificence and state of their House-keeping nor to have the means whereby they should do it diverted or diminished when as Alexander the Great answered some that â—ound fault with the greatness of his gift or bounty to a mean man The gifts of Kings are not altogether to be proportioned according to the men who receive it but of the King that giveth it and as the Duke of Savoy said unto King Henry the fourth of France when he found him unwilling to grant or remit unto him the Marquisate of Saluces Kings do wrong the greatness of their courage if they shall not give great things For if there were no necessity of a largeness of heart and expences in Hospitality in the Nobility and Gentry of this Nation they would not be good Subjects to blame it in their King nor honorers of him unless they should as they ought and are enjoyned by their Oaths of Allegiance and Supremacy maintain and defend his Honor and Jurisdictions who by the preeminency of his Imperial Dignity is not to want that which should help to support and adorn it when as to that and the preservation of his people who are to subâ—ist and be protected by his welfare honor and happiness there will be a real and very great CHAP. V. Necessity that the King should have and enjoy his Ancient Right of Pourveyance or Compositions for them FOr that there is and should be always a necessity to observe the Laws of God Nature and Nations right reason and the Laws and reasonable Customes of England and of honoring and obeying the King and keeping him from mischiefs and inconveniencies and that the members of the body Politick should as every part of the body natural doth be willing to assist and contribute unto the good and well being of the head and better part of it And although that sin the fruitful parent of all our evils and miseries be not in numero eligibilium or to be put within the pleas of necessity yet goodness vertue and the duties of holy life are propter se expetibilia for their real benefits and excellencies to be desired and thirsted after as the Hart panteth and thirsteth after the water brooks And it would be neither wisdom nor goodness in the people to subject the King to an yeerly loss of seventy three thousand six hundred seven pounds fourteen shillings and seven pence which he did the last year loose in his house-keeping by the want of his Pourveyance or Compositions for them and by the excessive Rates and Prices of Provisions for his houshold which were put upon him by the avarice and ill custome of such as sold or furnished them besides his greater then formerly charge of Carts and other parts of the Royal Pourveyance and drive him thereby into wants of money which may either cause him to be more sparing then he would be otherwise in his Royal favors bounty indulgences and Charity to his people or to seek after and take those many legal and just advantages to support himself in his Kingly Office which the Law affords and cannot be denyed him or give a greater liberty or attention then otherwise he would to his necessities or the designs or invention of those who by finding out ways of supply to an over-burdened and insufficient Royal Revenue may shew the people their errors in the denyal of just rights and duties and by putting him to inconveniencies exceedingly increase and multiply their own and that it would be much better to imitate the prudence of Abigail who to make some recompence to Davids keeping safe all that appertained to her husband Nâ—bal so that nothing was missing whilst he was a wall unto him and his people by night and by day made haste and took two hundred Loaves two Bottles of Wine five Sheep ready dressed five measures of parched Corn an hundred Clusters or Lumpes of Raisins and two hundred Cakes of Figgs and intreated him to accept of the blessing or present which she had brought unto him then the indiscretion ingratitude and folly of her Husband Nabal and consider that even the Beasts of the Forrest would think themselves more happy and safe when the Lyon shall have his Food and Dyet provided for him and his family then that he and the young Lyons should roar for hunger and that it would be better for the Shephard to bring him a Lambe or two of the Flock then to enforce him in the extremity of hunger to come and take away three times as many more and carry to his Den. That the Turks may as they have for many ages past rejoyce in the foolish covetousness of the Citizens of Constantinople whose generations may curse and abominate their selfishness and then supposed wisdom in denying their Emperor money and means to defend them bewail the loss of Greece and weep unpittied for their children when they are by the command of that grand Tyrant of the Mahometan Empire taken from them and driven like heards of Cattle and Flocks of Sheep never more to know or remember their parents or be of the Christian Religion to his Serraglio where the Males are bred up in the service of his wars or civil affairs and many of their daughters made to be his Concubines And the French may lament their ill usage of their King Charles the seventh in his great extremities in refusing necessary Aids to resist the successes of our English Conquering forefathers which brought the Pesantry and lower ranks of that â—ince Gabelled and over Salted people not only to their present miseries and that fertility of Taxes which is since most fatally rivetted and entailed upon them but the loss of all their liberties Experience having told our Progenitors how much the necessities and wants of some of our Kings and Princes have heretofore given way to the excursions of some of their servants and Ministers upon the rights and liberties of the people which made the Lords and Commons in Parliament frequently in sundry Ages and Parliaments past to take a great care for the support and honor of their House-keeping the preserving of the Kings Rights and Revenues and the punishment of such as were any cause of the waste or diminishing of it And that a supply of the Kings wants or for the payment of his debts could never yet nor can be so Arithmetically made or proportioned either as to what was past or to come as
yeers ago and what he is now necessitated unto reaches a great deal beyond the peoples extraordinary charges in his Pourveyance and compositions and that his Officers and Servants are not as in the reign of King H. 3. French and Poictovins or Bohemians as in the Reign of King R. 2. or Gascoignes as in the Reign of his Supplanter King H. 4. but are for the most part English and the sons or sons in Law Nephews kindred and relations of those that are to furnish the provisions of his houshold at some under value or loosing rates and prices and in that way are no great loosers or none at all if it were not every one of the peoples interest as well as duty to help the King in his provisions for house-keeping who is their Buckler and ready help upon all occasions and gave many of them that which may very well enable them to do it And it cannot become either the Majesty or business of the King if he had as he hath not a large Demeasne Vineyards and Olive Trees as David and the Kings of Israel and Juda had who kept Tillage in their own hands and had flocks of Sheep and Lambs and Herds of Cattel feeding in Sharon and the valleys wherewith to make and perform their often sacrifices which though not so great as that which Solomon made at the Dedication of the Temple when he sacrificed twenty and two thousand Oxen and twenty thousand Sheep were with his many other sacrifices every year upon the Altar of the Lord which he had built before the Porch of the Temple very costly and chargeable and yet had his houshold provisions yearly served in by a rate To ingage or trouble himself and the Officers and Servants of his Court being men of another manner of extraction and business in the low and laborious labors or skill of Ploughmen Herdsmen or Husbandmen or of buying and selling Cattle when they are not at all instructed or educated therein or to have their Court and Palaces incumbred with the making of Butter and Cheese breeding and feeding of Poultry with the imployments belonging thereunto which are usually managed by those inferior ranks and degrees of women who are onely necessary for those or the like kinde of Incumbrances which however it may with other sorts of people be very subservient and consistent with Hospitality and house keeping and the necessaries thereunto and that the breeding and raising of their own houshold provisions and the having it of their own did heretofore very much enable our Nobility and Gentry in their Hospitalities and house-keeping yet it was never according to the prudence and wisdom of the Egyptians Greeks and Romans and by all or the major part of Nations thorough so many ages and so much experimented right Reason thought fitting or becoming the Majesty State and imployment of Kings and Princes who as Quintius Cincinnatus well understood it when he left his Plough and Country life to help the Romans his Countrimen when in their great distress they choose him to be their Dictator are more especially to imploy their time and cares in military affairs and the daily importunities and troubles of State and Government And when those kinde of high and important affairs shall give them any ease or respiration Opus est quiete otio ad virtutem câ—mparandam ad Rempublicam gerendam It is requisite saith Aristotle that universal searcher into Nature and all manner of Learning and Policy that such as govern or imploy themselves in Magistracy should have leisure to contemplate Virtue and the best wayes and means of Government and that in optima Republica the best kinde of Government by which he understands Monarchy which he else where preferreth before all other and calleth it Divine nec certe Agricoloe men that busie themselves in Husbandry are not to be admitted into it VVhich being granted by all that are in any Amity or correspondence with their own understanding it will by a most undeniable consequence or conclusion necessarily follow that the Officers and Servants of the King are either to buy his provisions for house-keeping at the Markets or where else it may be had or take or receive it as formerly they did by ancient right and custome by way of Pourveyance and Composition and that the buying of it as he doth now when he hath not his Pourveyance and Composition will if they pay not ready money but add insteed of interest a greater rate then they shall pay who do buy with ready money and if they do buy with ready money which in such a consumption as the Kings Estate and Revenue languisheth under they are not likely to do will not be able after such exorbitant rates long to continue payment of ready mony and if those notwithstanding who shall be imployed be not the honester may take of the Kings Officers more money then they lay out and by serving his provisions in at a certain rate gain a quarter or fourth part of the price in every thing they buy Such or the like good services being now by a general way of Shift and cosening bred and nursed up by the late unhappy Rebellion liberties of sinning are now so much in fashion as too many of the Cook-maids or servants in private houses and families will out of every joynt of meat and things which they are sent to buy at the Market or in any other place Tax sconse their Master or Mistresses purses as much as their ill Consciences shall direct them and think they have bad services if they have not besides their meat drink lodging and as much wages again as fromerly they had the benefit of their Basket as they term it and going to Market to cozen or cheat ten or fifteen pounds more then their yearly Wages and if their Masters to prevent it shall agree with the Butcher to serve them at a rate all the year for Beef Veal Lamb and Mutton will be so impudent as to threaten to carry their Masters custom some where else or not pay the money which is sent to pay them unless they may have poundage allowed them and may after that rate and fashion of their pride and cheating their Masters to maintain it make themselves in a little time to be free of the Corporation of Judas whilst too many Citizens or Tradesmen notwithstanding the great care which they seem to take of Truth and Religion preaching of the Word purity of the Gospel Family Duties Catechising their servants repetition of Sermons walking the wayes of God and a good conscience and their fear of the increase of Popery Superstition Idolatry and the impending judgements of God for the sins of the Nation can by most wicked combinations entice and allure their customers servants to cozen and cheat their Masters by stretching the reckonings and making them to be due unto themselves can give them an allowance or present out of it of ten shillings
for Tillage and Pasturage agros luxuriantes rich and fertil Lands watered and enriched with many Rivers her Mountains and Downs covered and replenished with Sheep and far more then they were before the Raign of King Edward the third abounds with Corn Butter Cheese and all manner of Commodities for the uâ—e and livelyhood of mankind and by a greater improvement of all the Lands of the Kinâ—dom within this last Century or hundred yeares then was in three or four hundred yeares before and by watering marling and burning the more barren parts of it is gone far beyond the time and expectation of our Fathers and Progenitors either Brittaines Saxons or Normans and is in the yearly value of Land increased in many parts or particulars thereof twenty thirty or fourty to one more then it was insomuch as we may to our comfort say and believe that Forraign Writers were well acquainted with our happiness when they called England the Court of Ceres and as Charles the great or Charlemaigne of France our neighbor was wont to term it the Granary of the Western world a Paradice of Pleasure and Garden of God and was many ages before in the Brittish times so fruitful in all kinde of Corn and Grain as the Romanes were wont yearly to transport from hence with a Fleet of eight hundred vessels then but something bigger then Barges great store of Corn for the maintenance of their Armies and our Brittains could before those large improvements of Lands and Husbandry which have been since made in it declare unto the Saxons when they unhappily called them in to their aid and took them to be their friends that it was a Land plentiful and abounding in all things Pope Innocent the fourth in the Raign of our King Henry the third called it Hortus deliciarum a Garden of delights ubi multa abundant where all things are plentiful And in the Raign of King Edward the third where there was small or very little enriching or bettering of Lands compared with what it is now the English Leigier Embassadors at Rome heaâ—ing that Pope Clement the sixth had made a grant as he then took upon him to the King of Spaine of the Fortunate Islands now called the Canaries did so believe that to be England which was then granted by the name of the Fortunate Islands as they made what haste they could home to inform the King of that which they believed to be a danger And may now more then ever well deserve those Encomiums or commendations which our industrious Speed hath given it that her Vallies are like Eden her Hills as Lebanon her Springs as Pisgah her Rivers as Jordan and hath for her Walls the Ocean which hath Fish more then enough to feed her people if they wanted Flesh and had not as they have such innumerable Herds of Cattle flocks of Sheep such plenty of Foul Fruit Poultery and all other provisions on the Land for the sustenance life of man to furnish the delicacy of the richer part of the people and the necessities of the poorer if they would but lay aside their too much accustomed Lazines and carelesseness with which the plenty of England hath infected her people and not suffer the Dutch to enrich themselves and make a great part of their vast Commerce and Trade by the Fish which they catch and take in our Brittish Seas multiplying the stocks of their children and Orphants whilst too many of ours for want of their parents industry have none at all or being ready to starve or dye do begg up and down the streets when the waters have made her great the Deep hath set her on high with her Rivers running round about her plants and sent out her little Rivers unto all the Trees of the field when she is become the Merchant for many Isles hath covered the Seas with her ships which go and return a great deal sooner then Solomons Ships to or from Ophyr searcheth the Indies and the remotest parts of the earth to enrich her borders and adds unto her extraordinary plenty the Spices Sugar Oyl Wine and whatsoever foreign Countries can produce to adorn our Tables which former Ages wanted or had not in so great an abundance And that her people are now if so much no more numerous than formerly by her emptying of multitudes of her Natives into Ireland since the Raign of King Henry the Second many of whose Inhabitants have been English transplanted gone thither by our many great Plantations since the middle of the Raign of Queen Elizabeth sent into America as Virginia Bermudas New-England Barbadoes St. Christophers Mary-Land Charibe Isles Meâ—is c. By our many Voyages at Sea and to the Indies more than formerly our Fishing in Newfound Land which we had not in former dayes our Nursery of War and Regiments of English in Holland and the United Provinces and our greateâ— than formerly Luxury use of Physick and shortning the lives of the richer part of the people by it When the Provisions for the Kings Houshold or the Compositions for them in so great a plenty as England is now more than formerly blessed with notwithstanding that we do keep fewer Vigils Fasting Eves than heretofore and do as it hath been an usage custom of this Nation eat more flesh in every one month of every year the time of Lent excepted which since the Reformation of our Religion the return of it from the now Church of Rome to that which is more Orthodox is very little at all or not so well observed as our Laws intend and it ought to be than all France Spain the Netherlands do in every year would if the Universal Pride Luxury of the people and their Racking and Cheating one another to maintain it did not hinder it be as cheap or cheaper afforded than it was heretofore For that our Ancestors well approved and much applauded customs of Hospitality are almost every where turned out of doors and an evil custom of eating no Suppers which a Tax for a little time of as much as was saved by one meal in every week introduced and brought into fashion to maintain the Grand Rebellion hath helped the Back to cozen the Belly and the Back with its Brigade of Taylors and all other the abused and retaining Trades to Lucifer hath cheated and rooted out Love Charity and good House-keeping and retrenched much of the Provisions which were wont to be better employed That the Lands of most part of the Monasteries and Religious Houses in England and Wales and their yearly Revenues which at the old easie rates were in or about the Raign of King Henry the Fourth computed to be sufficient and enough to maintain fifteen Earls which after the rate of Earls in those dayes and their great Revenues could not be a little fifteen hundred Knights six thousand two hundred Gentlemen and an hundred Hospitals besides â—wenty thousand pounds per Annum to be given
should be And that it was and will be for the good of the people unless the oppressing and cheating one another shall be understood to be for their good that the King and his subordinate Magistrates should correct and regulate the deceits and excess of rates and prices in Markets as those of the Fishmongers of London were by King Edward the first when they were fined five hundred Marks pro illicitis negotiis Forstallamentis aliis transgressionibus in officio suo Piscatorum for Forstallings and other unlawful practises in their Trades or as King E. 3. did when upon a Complaint made by the Commonalty of the City of London that the Butchers such a watchful eye was then kept more then now upon the deceits of Trade did stick and fasten the fat of great or fat Oxen upon the flesh of the lean whereby to promote the sale and price in deceptionem populi to the damage and deceipt of the people he commanded the Maior to provide a remedy or as an Assise of Bread and good and needful Ordinances for Bakers Brewers Inholders Vintners and Butchers was set and made there being an old Assise book made and Ordained in Anno 12 H. 7. by the Lords of the Privy Councel to Queen Elizabeth viz. John Archbishop of Canterbury Sir Christopher Hatton William Lord Burghley Henry Earl of Derby Charles Lord Howard Henry Lord Hunsdon Thomas Lord Buckhurst Sir Francis Knowles Sir Thomas Heneage Sir John Fortcâ—cue and Sir John Wolley or the Decree if had been observed which was made in the Star Chamber the thirteenth day of November Anno 11. of the Raign of King Charles the Martyr after consultation had with diverse Justices of the Peace and the Certificate of all the Judges of England viz. Sir Thomas Richardson Knight Sir Robert Heath Knight Sir Humfrey Davenport Knight Sir John Denham Kt Sir Richard Hutton Knight Sir William Jones Knight Sir George Croke Knight Sir Thomas Trevor Knight Sir Geâ—rge Vernon Knight Sir Robert Barkley Knight and Sir Francis Crawley Knight and confirmed by the Kings Letters Patents under the great Seal of England the 14. day of December then next following that No Inkeeper or Ostler within the Cities of London and Westminster or ten miles distant who have since made such excessive rates as have affrighted many of their Customers away who finde it less chargeable to come to London in passage Coaches or send their horses back into the Country to finde out more honest Inkeepers should take above six pence for Hay for a horse standing night or day nor more then six pence for a peck of Oats of the measure called Winchester measure No Tavernor or Victualler selling Wine by Retail should sell or make ready for sale any sort of Flesh Fish or other victual save bread nor procure to be set up the Trade of a Cook within the same house or in any Shop or Room thereunto belonging or in any house near adjacent nor permit or suffer any Flesh Fish or other Victual except bread to be brought into the house to be there eaten by any of his Guests And did likewise upon hearing of divers Inkeepers who could not deny but that the rates before specified were competent further ordain that where Grain and Hey should at a further distance from London be sold at lesser prices there the rates prices should be accordingly And that that Ordinance should continue in the County of Middlesex untill it should be made to appear to the Justices of the Kings Bench and in other Counties and places to the Justices of peace that because of the increase of prices in the parts adjoyning greater rates should be necessary to be permitted and that thereupon other rates should from time to time be set and being set were commanded and enâ—oynâ—d to be strictly and duely observed untill by the like authority they should be altered And cannot deny but that if the King and his Royal Progenitors if they could ex praevisione by some foresight of things to come of which supernatural eminencies there is a non datur or denyall even to Kings and Princes have understood that their ancient and lawful rights of Pourveyance and Prae-emption would in return of all their benefits daily and yearly heaped upon their subjects have been ever thought to have been a grievance or oppression or endeavored to be withheld from them they might have saved as much and more as that would have come unto by reserving upon all their bounties and grants or Leases of their Mannâ—rs or Lands their Pourveyance or houshold provisions or when they gave Lands of inheritance rendring small or disproportionate Rents or Fee Farms to the greater yearly value which they now appear to be might have added so much of Pourveyance or provisions as might have taken away that causeless murmur against the Pourveyance which our old Saxon King Aethelstane who raigned here in Anno Dom. 938. understood to be so necessary for his housekeeping as when he had subdued the Welâ—h Princes made them his Tributaries he caused them to Covenant with him at Hereford not onely to pay him yeerly twenty pounds weight of Gold and three hundred of Silver but five hundred head of Cattlâ— with Hawks and Hounds to a certain number towards which payment by the Statutes of Howel Dâ—a saith our Industrious Speed the King of Aberfraw was charged at sixty six pounds an Early Composition rate for Pourveyance the Prince Dinemore and the Prince of Powys being to pay the like sums of money And that now to deny it unto the Crown is a greater injustice and injury then to have denyed it to Queen Elizabeth King James or his son King Charles the Martyr or in some hundred years before for that then our Kings and Princes might have preserved themselves and their successors from the rapines and unconscionable rates and prices of houshold provisions which some of his subjects might have forborn to impose upon their King though they do it upon others That if in the Raign of King Henry the seventh a Law or Act of Parliament had been made that for one hundred and fifty years after to the end to make a Treasury or provision of money which Common-wealths and many Kingdoms are not without for the protection and defence of the people against invasions or emergent evils the prices taken in the Markets more then formerly over and above the genuine and real worth of the Commodities should be collected and laid up for the good of the Publike or that all that took Lands to Farm should pay ten times the former yearly value and all things bought in the Market should like the King of France his Salt be for some things at three or four times or for others at ten fifteen or 20. times beyond the true value it would not be imaginable how near the peoples murmuring would have arrived to that of the Children of Israel in the Desart when they
by King Francis the first for that they could hinder their passage thorough their Towns or coming into them and after upon the Country to be paid without exemption of persons or allowance of priviledge with an addition of charge added thereunto by an Ordinance of that King for the maintenance of the seven Legions of Foot consisting of six thousand men a peece for the safeguard of the Kingdom the tenths of all the Benefices and Dignities Ecclesiasticks and Commonalties erected into Benefices which have a Revenue in perpetual succession les deniers Communs or monies imposed upon Cities and Towns for the repair fortification or defence of them or of any Castles or Forts to which all are to contribute without exemption the rights and payments due out of very many Bishopricks and Archbishopricks for Quints and Requints Rachapts Censives Lots Ventes Saisines Amandes Justices Greffes Auboines confiscations the Estappes or Annonae militares free quarterings or Provisions for the Armies or souldiers in their March or encampings contributions in times of peace pour le Ban arriere Ban upon Fiefs and Tenures levâ—es de Chevaux Charriotts a leavy upon Carts and Carriages le Traicte Imposition forraigne being a twentieth penny extending to all commodities that are carryed by Land out of the Kingdom into other Kingdoms and Territories as out of France into Catalonia Spain Lorraine Savoy Flanders and Italy makes as much as an Excise upon Corn Wine Oyle Flesh Fish Poultery Herbs Fruits and all sorts of Victuals and Provisions for the Belly and the Back All which before mentioned Taxes and Impositions being become as the Sieur Girard du Haillan saith who wrote in the later end of the Raign of their King Henry the fourth Patrimonial and Hereditary or as Droits du Domaine without any distinction betwixt the times of war or peace and leavied as the ordinary Revenues of the Crown of France have been by the Artifice of Lewis the 11. and other his successors more then doubled or trebled by other Tailles Taxes and Impositions which are laid upon extraordinary occasions by the Kings Ordonnances or Letters Parents quand bon lui sâ—mble at his own will and pleasure and so much as the Sieur de Haillan complains that ilz ne se sont contentez des dites Tailles mais peu a peu ont mis sur le dos du paâ—ure peuple les autres impositions depuis on a mis Taille sur Taille imposition sur imposition dont la France se est esmeüe contre ses Roys ils en ont cuide perdre la France they were not content with those ordinary Taxes but by little and little have put upon the backs of the poor people Tax upon Tax and Imposition upon imposition which caused a sedition and rebellion amongst the people which had almost lost or destroyed all France and in stead of diminishing are more and more increased though their good King St. Lewis who raigned in Anno Domini one thousand two hundred and thirty did upon his death bed in the words of a dying man as Bodin saith inserted into his last Will Testament exhort his son Philip to be legum Morum sui Imperii Custos vindex acerrimus ac ut vectigalibus tributis abstineret nisi summa necessitas ac utilâ—â—atis publicae justissima causa impellat to be a Guardian and severe observer of the Laws and customs of his Kingdom and abstain from Taxes and Impositions unless there should be a great necessity or it should appear to be for the good of the people and that afterwards Philip de Valois did in an Assembly of the three Estates in Anno one thousand three hundred thirty eight Enact and decree ne ullum Tributi aut vectigalis genus nisi consentientibus ordinibus imperaretur that no kinde of Tallage or Tax should be leavyed without the consent of the three Eastes So very many have been day after day added as there is not to be wanted a Tax or Imposition for Piâ—s for the Queen and for Clouts against her time of Child-bed with Daces or Tributes Peages Impositions upon the going out and in of Towns and other places Taxes for passage upon the high ways Emprunts generaux particuliers borrowing of money in general or particular ad nunquam Solvenda never to be paid again vente confirmation des offices sale of Offices and places of Justice and Judicature which their ancient and fundamental Laws and customes do forbid and being cut into small parts and multiplyed do make up a very great Total or number and by a common and publike Merchandise of them have increased those great corruptions delays and intrigues of Justice by appeals and otherwise which our learned Fortescue Chancellor to our King Henry the sixth observed in the time of his Exile was no small grievance of the people and made that litium fertilitas abundance of suits and controversies which their own Learned Bodin doth ingeniously acknowledge to be so very many as vix in omnibus Europae Regionibus imperiis tot lites sint quam in hoc unto Imperio there are not so many suits in Law almost in all the Counties and Kingdoms of Europe put all together as they were in his time in that one Kingdome of France which besides the Ottroys or aydes granted by the three Estates and universal consent of the people upon publike and great emergencies and occasions are with many Arbitrary Taxes and Assessements as the King or the necessities of War or State shall require much the more burdensome to the Pesants Bourgeois and Artizans or a third or lower estate of the people for that all the Clergy so long as they live Clericalement without taking of Farms or dealing in Lay matters which with their Tenants and dependencies have been in the Raign of King Henry the fourth reckoned to be an hideous number are to be exempt from the Tailles or Arbitrary Taxes as likewise all the Nobility and Gentry which are many and very numerous both in the greater and lesser sort of them and that most men of any Estate both of the long Robe or Lawyers or soldiers or other lower ranks do by purchase procure themselves to be of the nobless or Gentry for that they are thereby to be freed from arbitrary Tallages insomuch as some thousands have been at once enfranchised made Gentlemen and inrolled into that condition or quality for such lands as they hold in their hands there being amongst those which are exempted also reckoned the Domesticks of the King and Queens the house and Crown of France and their sons daughters brothers and sisters if they do not Traffick or negotiate further then with the increase of their own Lands and Revenues With such also as are exempt by paâ—ticular Mandates and Ordinances of the King as amongst the souldiers and Life Guards the Captains Lieutenants Cornets Guidons Quartermasters men at Arms Archers Fourriers