1. By Parliament.

Anan 3. E. 2. An ordinance was ma [...]e pro hospitio Regis, Ex Angl. Ma­nuscrip. fol, 29. in ease of the people oppressed with purveyance, by rea­son of the greatnesse thereof, and the motive of that Or­dance was Al honneur de dieu et al honneur et profit de Saincte Esglise et al honneur de Roy, et son profit, et au profit de son peuple selons droit et reson delserement quod le dit nostre Signeur le Roy fist à son Coronment. Ex libro di­cto a ula R [...] ­gis.

And about this time was the Kings house new formed, and every Officer limited his charge and salary.

Anno 36. E. 3. Rot. Par. anno 36. E. 3.The houshold was brought to such mo­deration of expence, as may be answerable to the Re­venues of the Crowne: and a Commission granted at the Petition of the Commons to survey and abate the houshold, which not taking th [...] [...]esired effect, Anno 5. Rot. Par. anno 5. & 6. R. 2. the Commons petitioned that [...] excessive number of Meniall servants may bee remedied, or otherwise the Realme will be utterly undone, and that his houshold might not exceed the ordinary revenues of the Realme, &c.

Anno 4. H. 4. Rot. Par. an. 4. 7. & 11. H. 4. the people crave reformation of the [Page 4] Kings house. And anno 7. that hee would dismisse some number of the Retinue, since it was now more charge­able, but lesse honourable then his progenitors. And that the ancient Ordinances of the houshold, in ease of the people, might be kept, and the Officers of the house­hold sworne to put the Ordinances and Statutes in due execution, and so consider the just griefes of his subjects by unjust purveyance, contrary to the Statute, that here­after Vous poir viure le vostre biens propres in ease de vostre peuple, Ex ordinat in [...]o [...]. [...]ct. Conc. anno 11. H. 4. Marked R R. which the King willingly doth, as appeareth by an ordinance in Councell, whereby the charge of the houshold is limited to 16000 Markes.

Rot. Parl. an­no 12. & 18. H. 6. Anno 12. & 18. Hen. 6. the charge of the Kings house is reduced to a certainty, and lessened by Petition and order in Parliament.

Ex rot. Parl. anno 12. E. 4. Ex lib. Or [...]in. hospit [...] tem­pore. E 4. Anno 12. E 4. The King promises to abate his house­hold, and hereafter to live upon his owne. So setling a new forme of his Court, which is extant in many hands, intituled Ordinations for the Kings House.

And to ease the charge of the Kings house, the Queens have allowed a portion of their joincture, sui [...]ng to their owne expence, to the Treasurer of the houshold; as did Philippa, the wife of Edward the third. And so likewise Henry the fourth his wife, anno 7. And H. 6. his wife allowed 2000 l'. a yeare out of her estate.

2. Excesse of houshold abated and reformed by Councell Table.

Ex aula regis fact. tempore. E. 3. Edward the third caused his houshold to bee certaine in allowances, making thereof a Booke by way of Or­dinance, which is called Aula Regis.

Act Conc. 8. H. 4. Marked P P. Henry the fourth counselled his sonne the Prince, and the rest of his Councell, to ordaine such moderate go­vernance of his house that may continue, Au pleiser du Dieu et du peuple.

Hen. 6. Anno 27. Mich. recept. 27. H. 6. reduced his charge of house to 12000. l'. whereof 2000. l'. was out of the Queenes Joynture.

Ed. 4. Anno 12. reformeth it againe, Ex lib. Ordin. hospiti [...] temp. E. 4. and publisheth a booke of Orders for their better direction, which after­wards Cardinall Wolsey, for the more honour and profit of the King, amendeth. Ordinat. Card. Wolsey, temp. H. 8. And that still remaineth the ground-work of the present government; which being now so much corru [...]ted, it may seeme fit either to put down the Tables, and leave all the attendants to allow­ance of money, as France and Spaine doth, or else by setting up the Hall againe, reduce the Houshould to the best, first, and most magnificent order: So all things being spent in publick, will be to the Kings honour, and the secret waste by chamber-diet & purloyning, preven­ted, to the Kings benefit. For there is never a back doore in Court, which costs not the King so little as 2000 l'. yearly. And few meane houses in Westminster that are not maintained with food and firing by stealth of the Court Instruments.

2. By abating and reforming the excesse of Retinue and Favorites.

Thus Henry the second did with William de Ipre Earle of Kent, a Netherlander, Ex Gerratio Dorobornens. and all his Countrey men and followers, when they grew heavie, and a burden to the State, unable to foster more then her owne naturall chil­dren.

Thus Richard 1. did with Otho Earle of Yorke, Ex Ric. Cano­nico in vita R 1. and all th [...] Bavarians, although hee was the sonne of his sister, taking from him that Earldome, for that the people op­posed it, and giving him in exchange the Title of Poictou.

Thus Henry the third did with his halfe brethren the Earle of Pembroke, and Bishop of Winchester, Ex libro sancti Al [...]an. & Wil. R [...]sh [...]nger & liber Baron. P P. and all the Poictors their followers.

Ex ordinat. 3. E. [...] in libro l [...]gum, M S. fol. [...]85.Thus Edward 2. did by his Ordinance, L [...] to [...] [...]g [...]age sire Pieres de Gaveston s [...]it entirement [...]stre desire ent [...]vi [...] [...] Roy, & de son servis:

Item Burgois de Till soit ouste & son fia [...] quod est Mar [...] ­scall del Exchequer. Ite [...] quod Bertram Assabi & son frere & ceux de Gascoigne & Aymerick de Trisc [...]mband sei [...]s oustre & ses Terres prises en le main le Roy.

Ex rot. Par. anno 10 R 2.Thus Richard 2. did with the Bohemians, anno 10. by an Act of Parliament at the petition of the people sur­charged.

Thus Henry 4. did with the Gascoines and Welsh in like sort overburdening and impoverishing the King and Realm, Ex rot. Par. anno 7. & 12. H. 4. with perpetuall suits, so that in Court (as the Re­cord saith) there were Ne ad nul substance des personnes vaylantes & suffesants si bes [...]igne seroit mes de Rascail [...] par la grendre part.

3. By abating and reforming the excesse of Gifts, and Rewards.

Hence was it that the wisedome of former times fore­seeing the mischiefe that the open hand of the Sove­raigne may bring the State into, made a Law, 11. R. 2. That whatsoever cometh to the King by Judgement, Rot. Par. anno 11. R. 2. Anno 2. 4. & 5 H. 4. Escheat, Forfeiture, Wardship, or any other wayes, shall not be given away, and that the procurer of any such gift shall be punished.

Rot. Par. anno 7. H. 4.Thus the Parliament continued 7. H. 4. untill the King was out of debt, making frustrate the grant, and or­daining a penalty of double value to every mover or pro­curer of any such.

Rot. Par. anno 11. H. 4. N. 23.The like anno 11. H. 4. and that no petition for any thing should be delivered the King, but in the presence of the Councel, who might examine it, lest the Kings wants should light upon the Commons.

Rot. par. 2. an­no 25. H. 6. M. 24.And to keep the hands of King Henry 6. from wastfull [...]iving, the Councell induced him to convey to the Arch-Bishop of Canterbury, and others, all profits of Words, [Page 7] Marriages, Reliefes, Escheats and forfeitures, to defray the charge of his house.

It is one of the greatest accusations against the Duke of Summerset, Ex Rot. Par. anno 28. H. 6. for suffering the King to give away the possessions of the Crowne in manner of a spoile; for so are the words of the Record.

And it was made the first and chiefest Article to de­pose King Richard for wasting and bestowing the Lands and Revenue of the Crowne upon unworthy persons, Ex rot. Par. anno 1. E. 4. and thereby over-charging the Commons by exaction.

3. By raising of money and improving the Revenue of the Crowne, either

By the

• 1. Grant of the Subject, which is
  • 1. generall, as Parliament, Or,
  • 2. Particular.
• 2. Power absolute in the Soveraigne, as by —
  • Loanes, Or,
  • Benevolence.

1. Generall, as in the Parliament, Ex lib. Rubro in Scaccario ex Ioh. Evers­den. wherein they give the King part of their owne by way of retribution one­ly, as for

I. defence of the State: hence grew the scr [...]tage granted to H. 2. R. 1. King John and H. 3.

To E, 2. Ex histor. Roffensi. Ex Rot. tem­pore. Ed. 3. Ex rot. Par. anno 2. 3. 7. R. 2. diverse Fifteenes and Tenths for his warres against the Scots and Welshmen.

The Subsidie of Woolls, and other contributions to Edw. 3. for his wars. And the like granted to Rich. 2. an. 2.3.7. so they may be imployed in the wars and particu­lar Treasurers to account in Parliament. So in the 8. and 9. H. 4, on the like condition.

Tonnage and Poundage began an. 5. E, 3. Rot. P [...]r. anno 8. & 9 H. 4. had thence his originall. And therefore 13. Ed. 4. and 1. Hen. 5. they are granted so in expresse words, and that they proceed of good will, and not of duty.

Presidents of this nature are plentifull in all the Rolles of Parliament. Ex benedicto Monacho in vita H. 2.

II. For maintenance of Religion and Church as in the yeare 1266.

Ex Adamo Merioneth.To H. 2 was given 12 d. in the pound. And in the 18. of E. 1. a Fifteenth was granted to expell the Iewes.

Ex rot. Par. anno 4 R 2.And anno 4. R. 2. a Tenth of the Clergy, and Fifteenth of the Commons for his help to suppresse the Wicklivian heresie.

Ex Radulpho Cogsh [...]ll ex hist. Roffensi. Rot. Par. anno 23. E. 1. 13. E. 3. & 7 H. 4.III. For support of the lawes and liberty of the Com­mon wealth. So did the Statute to H. 3. an. 27. for confir­mation of the great Charter. For the like a Fifteenth was granted 29. or 23. E. 1. and 13. E. 3. and 7. Hen. 4. that the lawes may be executed against Purveyors.

Rot. Par. anno 15. E. 3. N. 16. Ex rot. Par. anno 7. 8. 10. 11. R. 2. Ex rot. par. an­no 4. & 7 H 5. Ex rot. Par. anno 7. E. 4.IV. For redresse of the agrievances, as in the 15. of Ed. 3. so that the King would performe their petitions, or else they held themselves not bound to pay the grant they had given. The like was the 7. 8. 9. 10. and 11. of R. 2. The Tenth and Fifteenth granted the 4. and 7. of Hen. 5. is upon condition that they lay no impositions upon the State. And in the 7. E. 4. the State relieveth the King, so he will promise to live hereafter upon his owne, and not burthen the State: The which he professeth to performe.

Ex orig. anno 3. R 2.And it is to be observed, that to improve the Grants of Subsidies to the extreamest value, there were new Com­missioners appointed to survey and advance mens for­tunes above the estimate of the former taxes. And Com­missions have been granted out, as 3. R. 2. to enable him out of his owne by an act of Resumption of Lands, Offi­ces, Claus. anno 6. H 3. Rot. ordinat. anno 5. & Cl [...]us. anno 9. & 10. E. 2. Rot. Par. anno 1. R 2. Rot. Par. anno 1. 2. & 6. H. 4. Ex Rot. Par. anno 1. & 2. H. 5. Annuities, &c. Thus did H. 3. anno 6.

And E. 2. anno 5. 9. & 10. by an Ordination of the Pre­lates, Earles and Barons.

All grants made by Edward 3. to unworthy persons, R. 2. resumed anno primo.

And by H. 4. anno 6. all patents for life or yeares since the fourth of E. 3. were resumed.

At the petition of the people H. the 5. revokes all grants out of the principality made to unworthy per­sons, and all annuities out of the customes of Wooll de­ducting 20000 l'. a yeare out of all other annuall pensi­ons rateably, Rot. Par. anno 28. 29. & 33. H. 6. leaving the remain of any to the Patentees.

H. 6. anno 29. & 33. resumeth in England all Lands, Of­fices, [Page 9] Liberties, and Grants, from anno 1. Rot. Par. anno 4.7. & 12. E. 4. Ex act. Conc. anno 21. H. 6. Rot. Par. anno 2. H. 7. and the like anno 21. in Ireland. So did Edward the 4. anno 4.7. & 12. And H. 7. an. 2. resumed all grants made by Ed. 4. or R. 3.

2. Particular, by

• Loanes 1. Voluntary, or
• Benevolence, 2. Compulsive.

1. Loanes voluntary, Rot. Par. an. 13. E. 3. Act. Conc. 20 & 22. H. 6. as upon assurance of Bond of the Nobility. So was William de la Poole bound for E. 3. anno 13. in great summes. And the Duke of Glocester, anno 2. H. 6. And the Cardinall pawned his silver vessels for H. 6. his debt.

Pawne upon Jewels.

Thus did H. 3. anno 26. to the Archbishop of Yorke: Claus. anno 26. H. 3. and when his owne were at gage, he took Aurum & Jo­ [...]alia Feretri sancti Edwardi Confessoris, and pawned them.

Edward the first imployed one Andaver ad jocalia sua impignoranda. Claus. anno 29. E. 9.

Edw. 2. pawned his jewels to the Lord Beamont. Rot. Franc. anno 9. E. 2. Com. Inscript. 30. E. 3. Pat. anno 7. R. 2. Henry 4.

Edw. 3. pawned Magnam Coronam Angliae to Sir John Wesenham for 8. yeares.

R. 2. pawned Vasa [...]a & diversa jocalia, to Sir Robert Knolls.

Hen. 4. Invadiavit tabellas & tressellas suas Argentent de Hispania.

H. the 5. Pat. anno 5. H. 5. Pat. anno 10. 12. & 29 H. 6. pawned his great Crowne of gold to the rich Bishop of Winchester. And H. the 6. to the same man then Cardinall, many parcels of his Jewels in the 10. 12. and 29. of his reigne. And the like to many others.

And the late Queen to ease her people, did the like with her jewels in the Tower, besides the often Mort­gage of her Land.

Vpon assignment of Customes and Subsidies. Act. Conc. an. 22. H. 6.

So did the Cardinall Beauford lend 10000 l'. to H. 6. anno 22. upon security of the Customes of London and Southampton. Ex billa sig­nat. anno 15. H. 6. & 12. E. 4. The King intending to turne the course of most Trade thither.

And H. 6. anno 15. and E. 4. anno 12. did secure their [Page 10] debts, by assignment over of the next Subsidie or aid that should be granted from the Church or Laity to them, be­ing a device (in truth) to draw on a supply the sooner from the State.

Vpon the great Seale, or privie Seale.

Rot. orig. anno 3 [...]. H. 4. M [...]ked B B.The great Seale under which they should have (with­out paying fee) a patent sealed for repayment of their dues by a day certaine.

The privie Seale, which is of late most in use, and it is worthy of observation to see the willingnesse of former times in respect of these.

Rot Act. Conc. anno 13. H. 6.In the 13. of H. the 4. there is a Roll intituled, L [...] nommes de ceux qui ont da prester au R [...]y les sommes escrits. The Archbishop of Canterbury lent 1000 Markes, the Bishop of Lincoln as much, the Bishop of Norwich 600. the Bishop of London 500. Markes, the Bishop of Bath 400 Markes, the Lord Privie Seale 200 l'. the Clerkes of the Chancery a thousand Markes.

Particular grants of the Subject by Loanes compulsive.

[...]x [...]r [...]in. C [...]nc anno 3. H 5 M [...]ked N N.So were the Merchants of Florence, Venice, and S. Luke, compelled by an order in Counsel, 3. H. 5. because they had by grace and sufferance, Du Roy grantes, pri­vileges, &c. reportants grand lucre pour Lex ercise de Leur Merchandre en le Angleterre. And the persons that refused to lend, were committed to the Fleet.

Act Conc. 3. H. 6.Neither were the English more free in anno 3. H. 6. divers being enjoyned to attend the Councell Table, or else to pay the demanded Loane.

Ex instruct. Co [...]mi [...]. 14. H. 8.In the time of H. 8. anno 14 of his reigne, he exacted by way of Loane, 10 l'. in the 100. of all Goods, Jewels, U­tensils and Land, according to the extreamest rate revea­led by oath, of the possessions, notwithstanding there is a law 2. R. 2. [...]. R 2. That none shall be denied (in demand of any Loane,) his reasonable excuse.

Particular grants of the Subject by Contribution, or benevolent Gifts.

These were of old usuall and free: therefore called, Ex [...]harta Ep [...]. [...]ant. rot. Cl [...]us. 29. E. 1. claus. 35 E. 3. Liberalitas populi by R. 1. and Curialitas by E. 1. E. 3. H. 4. And H. 5. confessed them to proceed Ex spontan [...]a voluntate, nec de ju [...]o vindicare potest. Yet did H. 6, anno 20. in an Instruction to Commissioners imployed in pro­curing a benevolence, say, that forasmuch as by the Law he might compell all his Subjects, Ex instru [...]ti­one [...]rig. [...]no 2. H 8. and at their owne charge to attend his warres, hee was contented to spare such as would contribute but as much after his degere and reputation,, as two dayes in his personall service would stand him in; thereby implying a necessity in them to give, to escape a further expence. This Law upon which H. 6. grounded himselfe, was by a Statute in Queen Maries time repealed; and that since repealed: this last year hath made a reviving of the former, where­by the King is remitted into his former advan [...]age, Ex act Par. anno 5. Ma­riae. and the subject in the former mischiefe. And 8. H. 8. anno 17. although he moveth for a benevolence, hee sought it with no other stile then Amicable grant, yet hee threat­ned the refusers with convention before his Councell, and confiscation of goods.

The Kings raise money, and improve the Revenues of the Crowne,

By power absolute in the Soveraigne in the disposing

• 1. Lands.
• 2. Merchandise.
• 3. Regalities.

1. Lands, as by selling, which hath been often and old, if they were not of the ancient demeasne lands, which our fore-fathers held impious to alienate from the Crown. And those were such Lands as go under the title of Ter­ra Regis, in the book of Doomsday, [...]ber Doomesday. and were the lands of Edward the Confessor: of other lands I never observed question, neither doe ever finde that acts of Resumption ever reached to lands that were sold for valuable consi­deration.

By passing in Fee [...]arme, except places of the Kings re­sidence, Parkes, spacious wastes, or Forrests, all the lands of the Crowne, which remaines either in the annexati­on, custody, land [...], or the Queenes joincture, and ex­ceed not yearly 32000 l'. These although largely estated out in severall natures, some for lives, some for yeares, will one with the other bee advanced to a treble rent, which amounting to 96000 l'. leaving an annuall im­provement of 64000 l'. And if the offer be not made re­strictive for the new Tenant, there is no doubt but his Majesty shall finde ready and hearty undertakers amongst the Gentry and Nobility too, who have any place of re­sidence neere any of his Majesties Manors. And the Kings security the better, since their abilities will settle the Fee-farme rent upon more land then the purchase.

If any shall object against this a losse by fines and pro­fits of Courts, a prejudice in not serving necessity (as of late) by sales or diminution of Regalities in seisure of so many Royalties.

It may be answered to the first, that the casuall profits of Courts, never defrayed to the present Officers their fee and expences. And this appeareth from a collection made the 44. yeare of the late Queene, where the totall issue of such certain charge exceeded the receipt of such chances above 8000 l'.

To the second, if looking upon the severall Rates of the Kings lands exposed to Fee-farme sales, we finde some of 50. others at 21 yeares, as to the late contractors, and make out of these extreams a Medium of the largest forty yeares, and set on the other side the common and current estimate for d [...]ad rents 15 yeares purchase, we must finde that 5 l'. land sold unimproved respectively to the like trebled by a Fee-farme will be 250 l'. losse to his Maje­sty in the sale. As for Regalities, though it may adde somewhat to the Subject in increasing such his petty command, it can nothing to a Soveraigne, whose tran­scendent power drowneth in it all such subordinate De­pendencies and Regards.

But if we consider besides the former improvement the encrease of casual advantage at diminution of certain charge, wee shall have just cause not to continue this course.

For if the Commissioners in this businesse may be or­dered by instruction to reserve upon every Mannor of above 30. l'. per annum, a tenure in a Knights service by halfe a Fee and of above 50 l' in Capite. by an intire fee, and by the purchase to pay his Rent into the receipt himselfe, halfe yearly, and strike there his Tally; the for­mer will advance the Revenue accidentall of the Crowne in Wardships, primer seisin, Alienations and Aides, and the latter cut off at once so many their unne­cessary Receivers, Auditors, Stewards, Bailiffes, and Clarks, as stand the King in yeerly above 12000. l'. As for other dues or casuall Revenues, which now fall under the charge of these Officers: The collection and pay­ment may be as it hath been with the rest, from the time of H. 2. untill of late dayes laid [...]on the Sheriffes of the Shires, and all the accompts left to the two Auditors of the presse to draw up, and the Clerkes of the Pipe to en­ter in Magno Rotulo, as in former times; for it must seeme strange to all men of judgement, that it should be with those Officers who had their beginning but since the 25. yeare of King Henry the eight, by addition of his new Revenue of 150000 l'. from the suppressed Mona­steries, otherwise then with all things in Nature and reason Cessante causa & effectus, not to be discontinued when as all Crown annexed. Lands that gave them their just imployment for the most part passed from the Sove­raigne into the Subjects possession.

Besides this of a generall disposing in Fee Farme, there hath been a project in particular to infranchise the Copyholders in the several Manors which I should hold to be of more prejudice to his Majesty, then the other, bringing with it all the former inconveniences, losse of Fines, Regalities, and advantages of Sale, and being without many of the advantages, as Wardships, Primer [Page 14] seisin, Alienation, and Aids; for no man will buy quil­lets but in soccage, and discontinuance of Officers, who must still remaine, though they can bring but l [...]ttle be­nefit.

Rot Par. anno 7 H. 4.2. By farming out for yeares, Lands, Casualties, or Wastes, as in the 7. of H. 4. the State held it more just to helpe the King out of his owne, then to burthen the common-wealth, and therefore gave way by Parlia­ment to the King, to improve up his Lands, though in Lands, though in Lease, provided that the Lessee should have refusall of the bargaine if he would.

Rot [...]n [...]. anno 2. E 1. Edw. the 1. anno 2. granted a Commission to farme out all such Waste quod absque injuria alterius sieri potest. And in anno 15. asserted a great part of his Woods for rent, and dissafforrested in most Counties of England for a summe of money which they gave him. Rot. Par. a [...] 0 15. E. 1.

And it was not the least of charitable thrift in the King, to reduce much of his waste to habitation of Chri­stians, especially the remote Forrests, which would en­crease many thousand families for his service, and bring many thousand pounds to his Coffers. But in the carri­age of this businesse there must be much caution to pre­vent commotion: for in them there are many that have right in Common, sans numbre. And the resolution in a­greement with them must be sudden, and confident: for multitudes are jealous and inconstant, and the instru­ments to effect this, must be such as be neighbours inte­ressed and popular, not strangers.

And the first demise to the Inhabitants, and at under and easie values.

3, By manuring of Lands.

R t. C [...]. [...]no 1 [...]. 3. M [...].Thus did H. anno 13. in removing out of most of his Parkes (as Gillingham, Brigstocke, Chiffe, Woodstocke, Have­rell) all mens Cattell pro bobos, pro lardaria Regis in parcis praedi [...] is impinguendis. And E. 1. commanded all the Es­cheators in England, ex colore seminar [...] & appropriare ad maximum Regis proficium omnes terras quae Regi & Corona suae devonerint per mortem aliquorum vacatione Epi [...]copa­tum, R [...]. [...] 2. & [...] b 1. &c.

The Kings raise money, and improve the Revenewes of the Crowne.

By Merchandise

• 1 Trading themselves.
• 2 Licencing others to Trade Commodities,
• 3 Improving Customes
  • 1 Lawfull.
  • 2 Vnlawfull.

1 Trading themselves, thus did Edw. 1. Anno 22. Rot. voscon. 22. E. 1. who seised into his hands all the Woolls in the Kingdome as the Merchants were lading them in the Ports, giving them security of payment at a long day and a shortprice; and then transported them to his owne best and readiest sale.

Thus did Edw. 3. Anno 12. with all the Tinne and H. 6. Rot. Almgne 12. E. 3. Act. Cons. An. 20. H. 6. Anno 20. by advice of his Counsell tooke up by way of purveyance a great quantity of Graine, and transported it into Cascoigne, where by reason of a Dearth the price was extreame, and in Anno 31. he arrested all the Tinne in South­hampton, and sold it to his owne present use, and in the yeare following using the advantage of the Statute which bound all men to trade the Staple commodities to no other place but Calice, Ex billa signat. An. 31. &. 32 H. 6. vented himselfe many sackes of wooll to other Ports of better advantage.

And the late Queene Anno 1567. Warrant sub. privat sigillo An. 9. Eliz. Reginae. caused by Warrant of privie Seale a great quantity of Beere to be purveyed, trans­ported and sold to her owne use beyond the seas.

2 By lycencing others to trade Commodities

• 1 Lawfull or
• 2 Vnlawfull.

First Lawfull but solely.

Thus did H, 6. Rot. Par. An. 29. H. 6. N. 15 by approbation of Parliament with all the trade of Allome for two yeares, granted to the Merchants of [Page 16] South-hampton for 8000. pound, and againe for the like summe to those of Geneway.

Secondly, Vnlawfull or prohibited.

Thus did many of the Kings after such time as the heavy burthen of imposition began in the miserable necessity of H. 3. called then by no better name then Maltolt, and conti­nued untill the 15: Rot. Claus. An­no 19. H. 3. yeare of R. 2. by diverse intermissions, (for then I find the last Petition of many in Parliament a­gainst it) was altogether taken away.

Rot. Par. 15. R. 2.For when R. 2. and his Successors found the Revenue lesse­ned, by the importunate cry of the people, whereby impositi­ons were laid aside, then began to advise an other supply out of the unbounded Prerogative, and finding a greedy desire of one Merchant to prevent another of his market (restrained by that Statute which tyed them to one time, Ex. Bill. Signar Anno 20. R 2. and one Port Calice for all Staple commodities) they used to sell Licenses with clause of Non obstante, whereby they dispenced with multitudes to trade what commodities, and to what places they would. To the Merchants of New Castle, R. 2. gave leave to carry Wooll Fells &c, to any Port besides Calice, upon condition that they should pay for them Custome and Subsidie according to Le sage discretion de vous & vostre Councel, to diverse Citizens of London H. 4. in like sort dis­penceth for great quantities of Tynne for seaven yeares pay­ing 1000. Ex Pet. Anno 7, H 4 Ex. Pet Anno 5 R. 6. Ex. Act. Com. yearely above the custome H. 6. Anno 5.21. 30. reneweth to the Towne of New Castle the same License they had Anno 20. R. 2. and granteth 600. sacks of wooll to Benedict Benony, Merchant of Florence with an obstante any Statute or restraint. In this yeare such Licenses were so frequent that the Towne of Calice complained in Parliament of their decay thereby, yet without reliefe as it seemeth, for the same King Anno 36. giveth leave to Lawrence Barbarico to transport from London or Cicister 12000. Ex. B ll [...] Orig An. 10. [...]. 4. sacks of Wooll to what Ports he list, and Edward the 4. Anno 10. borrow­ing [Page 17] 10000. pound of diverse Merchants permitted them non obstante, any Law to carry any Staple Commodities to the straights of Morocco untill they were satisfied their summe.

H. 7. raised much money by giving leave to many Mer­chants to trade inward and outward commodities prohibi­ted, as to Alonso de Burgues great proportions of Wood, Anno 6. H. 7. Ex. lib. Comp. int. H 7 & Dudley. and to a multitude of others all kinds of graine and other forbidden things: as in Anno 20, 21, 22.

Improving of Customes by

• 1. Farming out of Ships
• 2. Raising the booke of rates
• 3. Farming the Customes.

1. Ex. lib. H. 7. Farming out of Ships to the Merchants and taking se­curity of them either to bring in or carry out yearly as much Commodities as shall yeeld the King in Customes the summe agreed on, or else to make it up out of their own money thus did H. 7. many years not only with his ships, but with divers stocks of money.

2. Rot. Claus 29. E. 1. Rot. Almaigne 3. E. 3. Extract. Brux. Ell [...]. Raising the booke of Rates this was in some sort done Consensu Mercatorum by Ed. 1. and Ed. 3. And againe in H. 8. time of which the house of Burgundy complained as a­gainst the treaty of entercourse, and of late so stretched, as it is feared it will prove the overthrow of Trade. Neither doe I finde this course at any other time, as a branch of this may partly fall out, the benefit Princes made by Preroga­tive power of imposing inward and outward upon Commo­dities over and above the ancient Custome or Subsidie.

The first that used this course after the State was setled from a King of a Voluntary government after the Conquest (when as Kings ruled more by the edge of the sword then by rule of Law was H. 3. about the entrance of his Reigne, Mag. Charta. Dors claus, An 16. H 3. N. 20. but finding it to bee an apparent overthrow of Commerce and Trade, against the great Charter, made proclamation Anno. 16. H. 3. in all the Ports of England that all Mer­chants might come faciendo rectas et debitas consuetudines [Page 14] sed tibi timeant de Malistoltis for it had no better name then Maltolts. Stat An. 25. E. 1. Some Impositions being laid by Ed. 1. he in An­no 25. taketh them away with promise that neither hee nor his Successours should doe any such thing without assent of Parliament, Rot. Par. 31. E. 1. M. 42. granting in Anno 31. to the Merchants many immunities as release of prisage for which they requite him with some encrease of Customes, but not as imposed by his owne power, Stat. 34 E. 1. Ca 1. & 2. for he in Anno 34. declareth that no tallage or ayde should bee levyed without the assent of Parliament nor nothing to be taken of wools by colour of Maltolt, in E. 2. it appeareth that levying of new Customes, and rai­sing olde, was the destruction of Traffique, and therefore repealeth all Maltolts, onely in Anno 11. & 12. he taketh by way of Loane, Rot. Cl [...]us An. 11. E. 2 and with leave of the Merchant, some for­mer encrease upon wooll, ascribing nothing to any supream power to impose.

Rot. Finem 4 E. 3.The like did E. 3. Anno 1. confirming in Anno 2. the great Charter for free Traffique. But having about Anno Quinto granted certaine Commissions for a new kinde of raysing Tallage, Stat. 2. E. 3. Ca. 9. rhe people complayned the yeare follow­ng whereupon he repealeth the said Commissions, and pro­miseth never to assesse any, Stat. An 11 E 3. Cap 1. but as in time of his Ancestors After in Anno 11. by reason of a Statute then made, restrai­ning all men upon paine of death from transporting any woolls without Licence from the King and Councell. Rot. Almaine 12, E. 3. M. C. 22, in Dors E. 3. made great advantage by selling of dispensations of that Law, and grounded upon it many impositions, but it fell so heavy upon the people, that their discontents so farre in­creased that the King was enforced to cause the Archbi­shop of Canterbury to perswade them to patience by his godly exhortations, Stat. 13. E. 3. Rot. Par [...] 13. E Stat, 14. E 3. yet notwithstanding hee continued by gentle intermissions the advantage hee had by that Law, ta­king an improvement of Custome for opening the passage, that thereby was shut in. Anno 13. untill the same yeare the State made purch [...]se of their former freedome and discharge of the Maltolt by granting the tenth Sheafe and fleece, &c.

And thus it continued all his Raigne, being a time of great necessity and expence by reason of the warrs, he sometimes taking the advantage either to raise an imposition, or else to gaine an aide from the people in discharge thereof, they con­tinually urging the injury in barring them their Birth-right; and the King on the other side, the greatnesse of his owne occasions, and it may be gathered by Record, that thus it held on, untill the fifteenth of R. 2. in which yeare is the last Petition against Impositions generally grounded (in likeli­hood) from the Kings power in restrayning or permitting trade all the time after: though License with Non obstante were ordinary, Lcience gran­t [...]d by H. 4. H. 5. H. 6. to many Mer­chants with Non obstante any Statute. yet were they to private persons and for par­ticular proportions of commodities, whereby the King suc­ceeding raised no lesse benefit then by sale of any generall permission.

To this of impositions I may adde the Rule I find Anno 20. H. 6. made in counsell, That all goods for payment of Subsidie shall berated of commodities domestick, as they may be sold betweene Merchant and Merchant; and if forraine, then so as it shall appeare upon Oath of the Merchant or his Factor they stood them in at the first, and the generall Maxime which limits all Regall advantage upon Trade of Merchants is, Vt causa honesta sit & necessaria, ratio facili [...] tempus idoneum.

Farming out of Customes.

So did Ed. 3. Claus Au. 5. E. 3. Orig. 17. E. 3. Rot. with the new and old customes at London for 1000. Markes monethly to be paid into the Wardrobe.

The like he did Anno 17. R. 2. Anno 20. letteth out for terme of life the Subsidie of Cloth in diverse Countries, and E. 4. Anno 1. the Subsidie of ulnage of Cloth. Thus did H. 8. with his Customes, and since his time the late Queene, and our late Soveraigne Lord King Iames, and it was so then in use in the best govern'd State (Rome) which let out their portions and Decims to the Publicans.

Kings raise money, and improve the Revenewes of the Crowne.

By Regalities

• 1 Temporall or
• 2 Mixt.

As for

• 1 Liberties &c.
• 2 Penalties of Lawes.
• 3 Letters of favour.

1 Liberties in granting restraining or renewing them.

It is a course usuall that the Kings have raised money by calling in question the Charters and Liberties of Corporati­ons, Leetes, free Warrens, and other Royalties.

Thus did R. 1. proclaiming Quod omnes Chartoe & con­firmationes quae prioris Sigilli impressione roboraverint irrita forent nisi porsteriori sigillo roborentur. Ex. Rado. Cog­sh ll.

And H. 3. Anno 10. enjoyned all qui suis volebant libertatibus gaudere, ut innovarent Chartas suas, de nova regio sigillo getting money thereby.

Edw. 1. by diverse Commissions, with Articles called Articuli de Ragman annexed to them, Rot. Ragman. Anno 7. E. 1. called in question about Anno 7. all the liberties and freedomes of England, Gilbert de Thornton his Attourney putting in information by quo warranto against all persons, as well bodies politicke as others, whereby they are inforced anew to renew their Char­ters, and Fine for their Liberties.

Ex. quo War­rant, 13. E 3.The like was in Anno 13. E. 3. in whose time Anno 9. Al clauses of allowances by Charter of Amerciaments, Fines, &c. imposed by the Kings Ministers upon any of the Te­nants of other men, were adjudged voyd, and the penalties made payable to the Kings Officers, Com. term. Hill. An 9. E 3. 9. 3. Rot. 8. unlesse they made a new purchase of their Liberties; and this was one of the usu­allist and easiest meanes to raise money from the people, be­cause it lighteth only upon the best abilities, and if there were now but twenty pound taken of every Corporation, of every [Page 21] Person that holdeth by Charter his liberties 50. pound for renewing of them. And of every one that claimeth by pre­scription ten pound for purchase of a Charter. All which would bee easie and acceptable, it would amount to above one hundred thousand pound.

2. For penall Lawes they have been sometime, but with ill successe wrought upon.

When R. 2. Anno 22. began his Course, Instruct. Orig. 22. R. 2. appointing in all his Commissions Bushey onely to be of the Quorum for compounding with Delinquents it wrought in the affections of his people such distaste, that it grew the death of the one, and deposition of the other,

No lesse fatall was the like to Empson and Dudley, Proc. contra Dudley An. 1. H. 8. and there is no string will sooner jar in the Common-wealth then this if it be generally touched.

3. For Letters of favour either for mitigation or dispatch of Iustice.

Of the first sort there be many found in H. 6. and E. 4. their times, sometimes of Protection, although by course of the Common Law, none are warrantable but to such as are going in Obsequium Regis, or Ibidem Moraturi, some­times freeing men from Arrests by calling them up to appear before the Kings Councell, sometimes in cases highly crimi­nall, releiving the Prisoner, in commanding the Judges to make stay of all proceedings upon supposall of indirect pra­ctises untill the King was better informed.

Of the second sort there are many in H. 7. Lib. Acquit. inter. H. 7. & Dudley. his time where the King hath taken for writing to the Iudges of As­size, money for his Letters of favour.

4. For Offices thus did King Iohn with the Chancellor­ship, selling it for terme of life to Gray for five thousand Markes.

Divers Offices now in the gift of the Master of the Rolls were engaged to the Chancellor and Treasurer of England, as are to be found in Records of H. 4. H. 5. and H. 6. to bee passed by warrant under the Kings hand and upon [Page 22] some Considerat [...]on. And H. 7. renewed this course using Dudley as his instrument to compound with Suitors for those and any other places, and by that Record we finde the Chan­cellor the chiefe Iustice the Keeper of most of the Record, the Clerks of the Assizes and peace, the Masters of the game and Parkes, and what else carrying either profit or reputation paid to the King, Familius in vi­ta Lewis 12. some proportion of money for their pla­ces. Neither is this different from the course of other States for in France, Lewis the 12. (called the father of his Coun­trey) did so with all the Offices not being of Iudicature which his Successors did not forbeare.

Vasques C. 12, 40, 43.In Spaine it is usuall and Vasques the Spanish Advocate and Charles the fifth. precsribeth it to his sonne as a rule in his last instruction drawing his ground of reason and Con­venience from the example and practice of the Sea of Rome. Instruct. Car. 5 to Phil. 2.

The like might bee of all inferior promotions that are or may bee in the Kings Guift whether Ecclesiasticall or Tem­porall, if they were after the true value in profit and reputation listed into rankes according to the severall Natures of their imployments respectively.

5 For honour, and that either by power legall or election.

Of the first it is onely in respect of Land whereby every man is to find, when the King shall require that hath ability to bee made a Knight and is not. Of this sort there is plenty of examples. The other out of choice and grace; As Hugo de putiaco Bishop of Durham was by King R. 1. created Earle of Northumberland for a great summe of money, And I doubt not but many of these times, would set their ambition at as high a price. And for his Majestie now to make a degree of Honour he­reditary as Barronets next under Barons, and grant them in Tayle taking of every one a thousand pound. In Fine it would raise with ease ten thousand pound. And by a Iudicious election be a meanes to content those worthy Per­sons in the Common-wealth, that by the confused admission of Many Knights of the Bath held themselves all this time disgraced.

6 For Coyne and Bullion by which although some Kings out of a last shift have seemed to relieve them­selves, yet was it (in truth) full of danger and dis­trust to the Common-wealth being assured token of a Bankerupt State, and to the Prince in conclusion of most disadvantage, for the Revenewes of the Crowne being commonly in certaine Rents they must in true value, howsoever in verball sound bee abated to the propor­tion that the money shall bee abased, and every man will rate his Commodity in sale, not according to the accompt of pence or pounds, but to the weight of the pure Silver contained in the current money; As for ex­ample, that which was before the descrying of the Coyne worth five shillings in the pound weight, will (if the allay bee to the halfe) bee held at ten shillings, and so in every proportion respectively, for money is not meerely to bee esteemed in respect of the sculp­ture or figure, but it must value in Pecunin quantum in Massa, and Silver is a Commodity as other wares, and therefore holdeth his estimation as they doe accor­ding to the goodnesse. And the Lord Treasurer Burleigh in Anno one thousand five hundred sixty one, when the Court of State affected an abasement of Coyne, after a grave deliberation advised the Queene from it, and never would give way to any such resolution in his time.

But that benefit which truely the King may make more of Bullion then now hee doth, is to erect againe Cambrium Regis his owne Exchange, an Office as an­tient as before H. 3. and so continued untill the mid­dle of H. 8. the profit of it being now ingrossed a­mongst a few Gold-smiths, and would yeeld above two thousand pound a yeare if it were heedfully regarded, and then should the King himselfe never want the ma­terialls if two things were observed; the one to permit [Page 24] all men bringing in Bullion to Trade outward the va­lue thereof in domesticke Commodities at an abated Custome, the other to abate the mighty indraught of Forraine Manufactures, and unnecessary Wares, that the outward Trade might over-ballance the inward, which otherwise will (as it hath done) draw on this des­perate consumption of the Common-wealth, which in Anno twenty seaven E. 3. was otherwise, for then the exitus exceeded the introitus pounds, and in the last times of the late Queene, for at this time the un­measurable use of Luxurious Commodities was brought in, as Wine, Spices, Silke and fine Linnen, &c. For of the latter sort above ten Groates the Ell, there is above 360000 pound yearely spent, which is halfe the value of our Cloths transported, maketh the State to buy more then they doe sell, whereas a good Father of a Family ought to be Vendacem and not Emacem; Besides the con­dition of our people is now such that the greater part neither get nor save, which in a private house is an apparant Argument of ruining, and must be no lesse in a Common-wealth. And it is observed generally that hence the want of Bullion now is such, that there is not mo­ney (in specie) sufficient to pay the Lenders their princi­pall, so that Usury is paid for money upon supposition and not really.

If then his Majesty shall be pleased to advise of his Counsell to advantage himselfe, any otherwise by Coynage it will be safe [...] to doe it upon a simple Metall then by any impliant or better suite, which well govern'd States both moderne and ancient used; for Rome in her greatest pitch of glory had their money Ere argento, auro, puro puto, and so have all the absolute Monarchies to this day in Christen­dome. And I believe it may be wrought to his Majesty of good value, and to the state of much ease if it may be put in practice with discreet caution, and constant resolution, for [Page 25] the danger may only be in the venting of the quantity, which may clog the State with the uselesse money in extention of ex­ample which may work in by degrees an abasement of Bul­lione.

The proportion that I would hold beneficiall and safe should be in the Masse at first one hundred twenty thousand pound by which his Majesty should gaine ten hundred thou­sand pound cleerely, the encrease annually twelve thousand pound in which his Majestie should gaine a thousand pound. And the limitation that none be inforced to take any but in summes under 20 s. and then but the twentieth part propor­tionably.

Against this some may object that it will either not ad­vantage the King so much as is projected, either from the dif­ficultie in venting, or facilitie in counterfeiting, or else pre­judice the State with a worthlesse money.

The benefit to the King will easilie fall out if he restraine Retailers of victuals and small wares from using their owne tokens; For in and about London there are above three thousand that one with another cost yearely five pound a peice of leaden tokens whereof the tenth remaineth not to them at the yeares end when they renew their store which amounteth to above fifteene thousand pound. And all the rest of the Realme cannot bee inferiour to the City propor­tion and the forme and figure may with an Engine so sub­tile bee nulled that the charge will prevent all practise of false play for the prejudice, since London (which is not the 24 part in people of the Kingdome) had in it found above 800000, by a late inquiry by the order of the late Queene and so falleth out to be 2. pence a person in the intire State, it may bee nothing either of losse by the first uttering being so easie, nor burthen any with too great a Masse at a time since continuall use will disperse so small a quantity into so many hands. But on the other side wilbe to the meaner sort (ex­cept the Retaylers that made advantage formerly of their own Tokens as the King shall now) of necessary use and be­nefit, [Page 26] for the buyers hereafter shall not be tyed to one seller and his bad Commodities as they are stilll when his tokens hereafter made current by authority, shall leave him to the choyse of any other Chapman. And to the poore in this time of small Charity. It will be of much reliefe since many are like ro give a farthing Almes that will not part with a greater sum.

Besides it cannot but prevent much wast of silver that by the minting pence and halfepence is occasioned, there wilbe no cause hereafter to cut Bullion into proportion so fit for losse, what that hath beene may bee conject [...]red. If wee marke but of the great quantities from the penny downward since H. 8. time stamped, how few remain. Whereas of all the Coynes from three pence upwards which are manuable (or manuall) plenty passe still in daily payment.

Regalities mixt.

As for restitution of the temporalities of Abbots and Bi­shops for which H. 7. receiued great sums.

Corodaries in Cathedrall Churches.

And having in every Cathedrall and collegiate Church as incident to his Crowne a Corodarie and made money of it at the highest rate he could.

Vacancie of Bishopricks.

The benefit of the vacancy of any Bishop some Kings have used to their best advantage, making a Circular remove of as many as in reputation and profit were inferiour to the place void,

Concurrent Jurisdiction as the Pope had in former times.

Besides these there are two of no mean Commodity.

The one is grounded upon a concurrent Jurisdiction with every Ordinary in the Diocesse with the King by having the power Papall in that point invested in him by Act of Parliament, may exercise by his Commission or otherwise remit to the Ordinary for some valuable respect. Thus did Cardinall Wolsey with Wareham the Arch-Bishop of Can­terbury and all other the Bshops of the Kingdome after hee had got his Legative power. Ex. Compos [...]t. Orig. inte [...]. Wolser & Arch. Cant. dat. 14. H. 8. And this if it were put in pract­ise would draw to the King two hundred thousand pound into his Coffers.

The other is the short accompt yeelded the King of such Ecclesiasticall Tenths and duties as were often or annually paid unto the Pope in former times. Tenths of the Church Lands now in the Laitie. And now by Statute in­vested in the Crowne, for in former times the Sea of Rom [...] received them not as onely out of the meere Spiritualties of Spirituall persons, which Lands being now divided from the Church into the hands of the Laitye, yet ought they to pay this duty, since they were setled in the Crowne by a former Law, and no subsequent ever hath discharged them.