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A54682 The antiquity, legality, reason, duty and necessity of præ-emption and prourveyance, for the King, or, Compositions for his pourveyance as they were used and taken for the provisions of the Kings household, the small charge and burthen thereof to the people, and the many for the author, great mischiefs and inconveniences which will inevitably follow the taking of them away / by Fabian Philipps. Philipps, Fabian, 1601-1690. 1663 (1663) Wing P2004; ESTC R10010 306,442 558

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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 u●e and livelyhood of mankind and by a greater improvement of all the Lands of the Kin●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 hea●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 Me●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 greate● 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 ●wenty thousand pounds per Annum to be given
solvat persolvat postea forisfacturam nor to sell or buy any thing for money but within Cities and before three witnesses nor without a Voucher or warranty and if any did otherwise they were to be fined and at last incurre a forfeiture Item nullum mercatum vel forum fieri permittatur nisi in civitatibus regni jus suum commune dignitatis coronae quae constituta sunt a bonis predecessoribus suis deperiri non possunt nec violari sed omnia rite in aperto per judicium ●ieri debent likewise that no Market be kept but in Cities so that the right of the King and the dignity of his Crown as it was constituted in the times of his good predecessors might not be lost defrauded or violated and that all things be rightly and openly done according to right and justice King Henry the 1. his Son saith the Monk of Malmsbury corrected the false Ell or Measure so called of the Merchants brachii sui mensura adhibita omnibusque per Angliam proposita causing one to be made according to the measure or length of his own arm ordered it to be used through all England and in his Laws reckoneth the punishment of false Coiners and prohibiting and punishing of Forestall or forestalling of Markets inter Jura his Rights Royal Prerogatives quae Rex Angliae solus super omnes homines habet in terra sua which belonged to him only as King of England and without an Act of Parliament ordered the rate and value of mony which being the mensura rerum measure guide of all things in commerce and dealings one man with another hath no small influence or power in the heightning or lessening of the price of things and is such a part of Soveraignty as the Parliament in their 19. high and mighty and unreasonable propositions sent unto the late King Charles the Martyr in his troubles in June 1642. never attempted to restrain or take from him In the Reign of King Henry the second when as Ranuphus de Glanvilla Chief Justice of England under him saith in that book which is generally believed to have been written by him the Laws and Customes of England being ratione introductis diu obtentis founded upon reason and long used had arrived to that perfection as pauperes non opprimabantur adversarii potentia nec a limitibus Judiciorum propellabat quenquam amicorum favor gratia the poor were not oppressed by their adversaries power nor did partiality or friendship hinder any from Justice the inquiry and punishment of false measures and all manner of deceipts did appertain Coronae Regis to the King only Justices in Eyre were after the return of King Richard the first from his Captivity sent into all Counties of England to enquire amongst other things de Faeneratoribus vinis venditis contra Assisam de falsis mensuris tam vini quam aliarum rerum of Usurers and of wine sold contrary to the Assize and of false measures as well of wine as other things In Anno quarto of King John being thirteen years before the granting of Magna Charta de Libertatibus Angliae the great Charter of the Liberties of England the King did by his Edict and Proclamation command the Assize of bread to be strictly observed under the pain of standing upon the Pillory and the rates were set the Assise approved per Pistorem as Matthew Paris saith Gaufridi filii Petri Justiciarii Angliae Pistorem R. de Thurnam by the Baker of Jeoffry Fitz Peter Justice of England and the Baker of R. of Thurnam And in the Magna Charta and Liberties granted by him afterwards at Running Munde or Mead near Stanes assented which our Ancestors and Procurers of that Charter believed to be for a publick good that una mensura vini cervisiae sit per totum Regnum una mensura bladi scilicet quarterium Londinense una latitudo pannorum tinctorum russetorum haubergetorum panni genus a kind of Cloth saith Sir Henry Spelman then so called there should be throughout all England one measure of Wine and Beer and the like of Corn and of the breadth of Cloth died and russet or other kinds And was confirmed by King Henry the third his Son in Anno 9. of his Reign who by an Ordinance made by the Kings command and on the behalf of the King howsoever it be stiled a Statute and is placed in our Statute book collected by Mr. Poulton amongst those which he calleth Statutes incerti temporis made in the Reigns of Hen. 3. Ed. 1. or Ed. 2. but cannot assign by whom or in what years or times but in all probability in the Reign of King Henry the third did ordain that no Forestaller which is an open oppresser of poor people and of the Commonalty and an enemy of the whole Shire and Countrey which for greediness of his private gain doth prevent others in buying Grain Fish Herring or any other thing to be sold coming by Land or waters oppressing the poor and deceiving the rich and c●rrieth away such things intending to sell them more deer should be suffered to dwell in any Town he that shall be convict thereof shall for the first offence be amerced and lose the thing so bought and for the second time have judgement of the Pillory the third time be imprisoned and make Fine and the fourth time abjure the Town And this Judgement to be given upon all manner of Forestallers and likewise upon them that have given them counsel help or favour And providing that his people should not be oppressed with immoderate unreasonable prices in the buying of food and victuals and other necessaries did by his Writ limit the price of Lampreys and had as his Royal Progenitors such a power and just Prerogative of regulating and well ordering of Markets and Fairs as notwithstanding any Charters or Grants of Fairs and Markets to Cities and Towns he did in anno quinto of his Reign upon a complaint of some Merchants of Lynn that when they came to sell their goods and Merchandize at Norwich the Merchants or Tradesmen took away their goods and Merchandise to the value of three hundred marks by his writ give them power to arrest and seize any goods of the Norwich Merchants which should come to any Fairs at Lyn untill that Justice should be done unto them And in anno 49. of his Reign commanded the Barons of the Exchequer that they should inroll and cause to be executed his Letters Patents of a Confirmation to the Citizens of Lincoln of a Charter of King Henry the second his Grandfather that the Sheriff and other the Kings Officers and Ministers of Lincolnschiry should not hinder forraign Merchants to come to Lincoln to trade there ita rationabiliter juste as reasonably and justly as they were wont to do in
as they can they doe with Trumpets Drums and Musick by water in their several Barges adorned with the Banners and Arms of their Companies or Gilds conduct and attend their Lord Maior to be sworn at Westminster although the City of London and every Company in London are abundantly or very well endowed with lands of inheritance of a great yearly value and great stocks of money by Gifts and Legacies And no less reason then the imposing of a penny upon every Broad Cloth brought to sale to Blackwell-hall in London to be paid to the Chamberlain of London to the use of the City for Hallage which the Judges of the Kings Bench in Mich. Terme 32 33 Eliz. in the Chamberlain of Londons Case adjudged to be lawfull because it was as they then declared pro bono publico in regard of the benefits which the Subjects enjoyed thereby and for the maintenance of the weal publick and can not be said to be a charge to the Subject when he reaps benefit thereby and resembled it to Pontage Murage Toll and the like which as appeareth by the book of 13 H. 4.14 being reasonable the Subject will have more benefit by it then the charge amounts unto and that the Inhabitants of a Town or Parish may without any Custome make Ordinances and Bylawes for the reparation of a Church or High-wayes or any thing which is for the weal publick and in such cases the greater part shall bind all the rest And as much to be approved as the wages of the Knights of the Shires and Burgesses coming to Parliaments which are taxed and levied of the Counties Cities and Boroughs some few as those which hold any Lands parcel of an Earldome or Barony only excepted and the charges of the Convocation or Clergy assessed upon the Clergy The Synodals Procurations Proxies and payments made and paid by every Minister to defray the charges of the Arch Deacons in their Visitations every year and the Bishops every three years who are enabled to recover them by the Statute of 34 and 35 of Henry the eighth cap. 19. Oblations Easter and other offerings for the further supply and maintenance of the Ministry Tributes Customes and allowances to Governors of Colonies and Plantations as Virginia New-England Barbados c. or 10 s. or some other rate given by Merchants to the Consuls at Venice Smirna Aleppo Ligorne c. towards their support to assist them in the matter of Trade and procuring Justice from the Superiors of the Territories The Pensions Admissions and Payments in the Universities and the severall Colleges and Halls therein for their support with Taxes also sometimes imposed for publick Entertainments of the King Queen Prince Chancellor of the University or some other Grandees although every Colledge and Hall is endowed with large yearly and perpetuall Revenues in Lands the Admittances yearly Pensions and Payments together with the sale and rent of many Chambers in the Inns of Court Chancery or Colledges or Houses of Law towards the maintenance charges and support of the honour of those Societies and contributions not seldome made and enforced towards publick Treatments and Masques the payments and rates in Parishes for Pews Burialls tolling a passing Bell or ringing him and his companions at Funerals which if not enough to defray the charges of the many Feasts and Meetings of the Church-wardens and Petty States of the Parish repairing of the Church new painting and adorning it buying new Bell-ropes casting one or more Bells building the Steeple something higher or making a sumptuous Diall with a gilded Time and Hour-glass are sure enough to be enlarged by a Parish Rate or Tax more then it comes to Or that which is paid by the poor Tankard or Water-Bearers at the Conduits in London where every one payeth three shillings and six pence at his admittance and a penny a quarter towards the support of that pittifull Society Or those contributions sic magna componere parvis to represent great things by small and the vegetation or manner of the growth of an Oak by that of the lowly Shrubs which are made by a more impoverished sort of people the Prisoners for Debt in Ludgate by Orders and Constitutions so necessary is Government and Order and the support thereof even in misery of their own sorrowfull making in their narrow confinements that the Assistant which is monethly chosen by all the Prisoners to attend in the Watch-hall all day to call down prisoners to strangers which come to speak with them change money for the Cryers at the Grates keep an accompt in writing what money or gifts are every day sent to the Prisoners or given to the Box to charge the Steward with it upon the Accompt day see the Accompts truly cast up the Celler cleared by ten of the clock at night of all Prisoners and the Prisoners to be at their Lodgings quietly and civily hath his share of six pence allowed out of the Charity money every night whereof two pence is to be for the Assistant two pence for the Master of the Box and the other two pence allowed in mony or drink unto him which is the running Assistant or unto the Scavenger for bearing 2 candles before him at nine of the clock at night and rings the bell for Prayers is the Cryer for sale at the Markets for the Charity men of light bread taken by the Lord Maior or Sheriffs chumps of Beefe or any other things sent in by the City Clerk of the Market and unsized Fish by the water Bayliffe with many other small employments for which his Salery is four shillings eight pence per moneth and two pence out of the sixteen pence paid by every Prisoner at his first coming And the Scavenger who is to keep the house clean hath for his standing Salery five shillings eight pence per moneth two pence for every Prisoner at his first coming out of the sixteen pence table-money by him paid and a penny out of every Fine imposed upon offenders for the breach of any orders Every Prisoner paying at his first coming besides many other Fees fourteen pence for entring his name and turning the key five shillings for a Garnish to his Chamber-fellows to be spent in coals and candles for their own use or for a Dinner or Supper and sixteen pence to one of the Stewards of the House for Table-money out of which candles are to be bought for the use of the House every night set up in places necessary c. notwithstanding that it hath above 60 l. per annum belonging unto it charged upon lands in perpetuity and many other considerable and misused Legacies which have been setled and bestowed upon that should be well priviledged Prison And as much and more reasonable as the generall protection and defence is above any particular and the publick benefits do exceed any that are private as those payments and services which being derived from gratitude or retribution for
necessary as that most prudently governing Queen who as King James her Successor saith prudentia faelicitate imperandi omnes ab Augusto principes superavit in the wisdome and happiness of her government out went and exceeded all the Princes of the world since Augustus Caesar understood it to be when by a warrant under the hand of the Earl of Leicester Master of her horse bearing date the 3. of July 1574. she commanded the furnishing of four able Cart Horses or Geldings with all manner of furniture for draughts to serve her during the Progress Or as he by a just authority derived from her by his letter bearing date the 29. day of June before autho●ized the Knight Marshall to apprehend and punish all such as George Middleton one of the Surveyors of the Stable should inform not to have done their duties in furnishing provisions for the Stable and by his warrant bearing date the 20. of October 1574. which was in the seventeenth year of her reign directed to the high Constable of Elthorne in the County of Middlesex commanded the Inhabitants to furnish the arrears of composition Oats for the years 13 14 15 and 16. then last past as also the composition Oats for that present year And the like to the Constables of the hundred of Isleworth in the said County and by a warrant under his hand in the year 1576. in the 19. year of her reign ordered the taking up of 16 Ambling Mares for the service of her Majesty at reasonable prises in such places as they should think meet And by as much right and reason as the Maior and Magistrates of London did in the seventh year of the reign of King Edward the second set prises on victuals ordered no more to be taken for a fat Oxe then 24 s. a fat Goose two pence half penny a fat Mutton twenty pence a fat Capon two pence a fat Hen a penny two Chickens a penny three Pigions a penny and 42 Eggs a penny and as the present Lord Maior doth or should daily and weekly by his Officers rate and set prices upon all Fish Cheese Salt Onions Garlick Oats Pease Victualls and Fewell brought unto London by water and upon all manner of Grain and Victuals brought by land and to commit to prison such as disobey which doth or might make his own provisions to be much the cheaper Or as the Maior of London did in the 8. year of the reign of King Ed. 2. take for the strengthening of Newgate and the Gaol therein and the repair of certain Chambers there by the Kings grant or Licence ●ertam consuetudinem de rebus vaenalibus a certain Toll or Custome of things to be sold or the like shortly after in auxilium or ayd to build a new Bulwark upon the wall of the City near the house of the Friers predicants Or as there was a Fee Farm rent of 80 l. per annum to the King and his Successors auntiently and long agoe reserved payable by the Town of Droitwich in Worcester-shire for their Salt-pits wherein their Burgers doe claim by proportions an estate of inheritance Or as in the Colleries of Newcastle upon Tine wherein the Owners of the Soil have an inheritance and propriety the King and his Progenitors have a legall allowance or imposition of twelve pence upon every Chaldron of Coles And with better reason may set a rate or price year by year upon his houshold provisions then Solomon did who though he in the Trade managed for himself in sending his ships to Ophir to fetch gold and silver made it to be in the large expression or manner of speech as plentifull as stones in the streets yet he did not give to all or any of the Tribes of Israel their Lands or Possessions who had them at their first coming into the Land of Canaan by Joshua and divine appointment allotted unto them and not given unto them by any of their Kings Or if he gave them any which doth not appear did not do it so largely as our William the Conqueror did in the rewarding of those that assisted him if what he so gave amounted but unto as much as would in those dayes make a competent living or maintenance for 10000 Knights and their Heirs which some that lived in or near his time believe to have been more then for 60000 l. and valued but at 20 l. per annum as they were reckoned in 1 Ed. 2. would amount unto 200000. pounds per annum and if but at three hundred pounds per annum which is now the least improvement would amount unto as much as three millions per annum sterling besides large quantities of Socage lands with twice or thrice as much more in the several reigns of our succeeding Kings given to the people in lands and yearly revenues of inheritance Or then Nehemiah who having the provisions allotted to the Governor and in compassion of the poverty of the people for that part of time remitting it could tell them that he might exact it of them but did not give them any Lands or Possessions and being but as a Conductor or Governour of them had not if he would wherewithall to doe it So as all degrees ranks and orders of the people of England may if the difference or value betwixt the former and present market rates and prices should be the Jonas that troubles their ship and affairs permit it to take its rest and be as well contented with that in the Kings case as they are in many of their own when as many of them can retain and keep without any murmur or grudging above 30 thousand pounds per annum lands of inheritance or as some have computed it above eighty thousand pounds per annum being almost all the certain and reall revenues which are remaining to the Crown holden of his Majesty and his royall Progenitors in Fee Farme at the small rents which were at the first and long agoe reserved thereupon when as at the times when they were first reserved they were in the intention of the Donors or the allegations likewise or intentions of the Donees proportioned according to the then yearly value of the Lands which are now improved in many or much of them to a twentieth thirtieth fortieth fiftieth or sixtieth part more then they were and if they were not as they are at all or so very much improved are no more then one in three to the price or value which silver now bears by the Ounce more then formerly and five pound of that rent when it was first reserved would according to the rate of 2 d. a Capon in King Edward the seconds time many of the Fee Farm rents having been more antiently reserved have bought 60 Capons at the then Market price now at two shillings six pence a Capon which is less by six pence or twelve pence in a Capon then the King now paieth for them will buy but