❧ By the King. ¶ A Proclamation for preuention of future abuses in Purueyance.
SVch is the zeale and inward affection which wee haue found in all sorts of our louing and loyall Subiects of this our Kingdome, as we are content to acknowledge, that (besides the Christian care which all Kings are bound by the Law of God and nature to take ouer all their People) our owne sence and apprehension of their complaints, doeth dayly increase with the feeling we haue of their honest merits. In which respect, hauing taken some more particular paines in the examination of diuers circumstances, then is common to many Princes; wee did not onely commaund all our Officers to be very diligent to try out and punish the offences of Purueyors with all seueritie, but to fall into serious consideration, how all occasion may be taken away hereafter, whereby those inferiour Ministers, which are vsed therein, may make themselues (vnder colour of our Prerogatiue Royall) the instruments of corruption and rapine: A matter most odious to our owne nature, Who haue alwayes more desire to giue then to receiue from any our Subiects, except it be where necessitie inforceth vs thereunto, euen for the support and preseruation of that state and dignitie wherein Almighty God hath placed vs. For better assurance whereof, We haue thought it very conuenient at this time, to take some occasion in this maner to expresse the fruits of our care and consideration concerning this particular point of Purueyances.
FIrst, when wee were informed that some inferior ministers had presumed to goe so farre beyond their Commission, as they haue aduentured not onely to take Timber trees growing (which being parcel of our Subiects inheritance were neuer intended by vs to be taken) without the good will and full contentment of the Owners, but haue accustomed also to take vp farre greater quantities of Prouisions for our House and Stable, then euer came or were needfull for our vse (as most especially in Wood, Coale, Hay and Carriage vpon our Progresse iourneyes or remoues:) Although we haue no cause to doubt, but that our Officers of our Greenecloth haue bene and will be euer most ready to search out and punish all such offences vpon iust complaints; Yet wee did not leaue the pursuit & triall thereof to them onely, but did particularly direct our Attorney generall to informe against them on our behalfe in our Court of Starre-chamber, where some of them vpon their Confession, haue already receiued (by censure of that Court) condigne punishment by Fine, Imprisonment, Pillorie and loosing of their eares, And some others seeking to saue themselues by denying that wherewith they were charged do stil remaine vnder examination to receiue the like punishment, vpon due proofe thereof to be made against them. By which example wee perswade our selues, that all honest men will rest so well assured of our good intention to reforme abuses (euen to their greatest satisfaction when there is iust occasion) as they will carefully and willingly continue their obedience and conformitie to those courses for furnishing such prouisions as are necessary for vs which were taken by the consent of most of the principall Gentlemen, and good Patriots in seuerall Counties, And whereof aboue sixteene Shires haue had continuance by the space of forty yeeres, Especially considering how many good, and wise Princes of this Realme, that haue gone before vs, where such agreements haue not bene made, haue held themselues to their Right of Purueyance, which is one of the most ancient flowers of the Crowne in our Progenitors, and must descend to our Posteritie, whom God we hope) both hath, and will so farre enable with his blessings, and graces, as they shall prooue themselues no lesse able, nor worthy then any others, to enioy and preserue the right, of a iust and lawful Monarchie. Wherein, because all wise men know sufficiently, that wheresoeuer there must bee a trust in Vulgar persons, it is not possible to keepe their actions from errors, & abuses; We haue thought it fit for a further demōstration of our great care to preuent the same, to publish that which followeth, as wel to terrifie the euil, as to comfort the well affected, whose iust griefe shall euer lye as neere vs, as our owne.
BE it therefore knowen hereby, that wee doe giue expresse charge and commandement, that none of our Purueyors, nor other of our Officers or ministers whatsoeuer, that now are, or hereafter shall be, or any of them, or any of their Deputies or Seruants, shall take for vs, or in our name, to or for any vse whatsoeuer, any Timber trees of any our Subiects, growing in any place, or places whatsoeuer, without the expresse consent, and agreement of the owner thereunto had and obtained. Of which particular abuses wee cannot conceale our mislike, both in respect of the iniury done thereby to that laudable policie of the Realme for maintayning of Timber, and also in the particular feeling we haue in our owne affections how grieuous it is for any man to behold the fruits, & honest pleasures of his owne Labors or his Ancestors, defaced & spoiled by the lewd & rauenous malice of base companions.
SEcondly, because we haue considered that our Subiects may be sometime ouer burthened (against the meaning of our principal Officers) by the vnreasonable taking of Wood, Coale, Hay, Oates and such like prouisions in time of Progresse: We do expresly charge and command all our Officers, ministers, or any of their Deputies & seruants, to forbeare to take either Wood, Coale, Hay, or Oates in larger proportion, then shalbe found necessary to be expended for the seruice of our House and Stable.
ANd further our pleasure is, that none of our Purueiors or takers of cariage, or carttakers (for the time being) nor any of their deputies or seruants, nor any other of our Officers or Ministers whatsoeuer, shall vpō our iourneis, remoues, or progresse, take vp any carts or cariages for any Nobleman, Gentleman, Artizan, or others whatsoeuer, not being our seruants in ordinary, & necessarily for that time to attend vs. In which poynt that it may the better appeare, how sparingly it shal be vsed, wee doe expresly command, that there bee no more cariages taken, then shall be particularly comprised in a list, which shalbe made for that purpose, and signed with the hands of the principall Officers of our Chamber, Housholde, and Stable: And for the rest, whatsoeuer they bee, either Noblemen, Gentlemen, Artizans, or others that doe follow vs, our expresse pleasure and commandement is, That they from henceforth at all times hereafter prouide their cariages (such as they shall like to haue or vse) at their owne proper costes and charges, and by their owne meanes, without vsing in any fort either our name or authoritie, or any of our Purueiors, or any of their deputies or seruants, for, or about the same.
ANd wee do withall hereby signifie vnto all and euery our Purueiors, their deputies and seruants, and all others that may receiue any order from them touching purueyance of carriages, or the making of any the prouisions aforesaide for any our progresse, iourneis, or remoues, That if in any poynt therein they doe carry themselues contrary to this our expresse prohibition in that behalfe made, that for such their offences they shal be proceeded against in the seuerest maner, and receiue such exemplary punishment, as by our Lawes may be inflicted vpon them.
ANd we do straightly charge our principall Officers of our Houshold and Stable, and other Officers of our Greenecloth, vpon due information, and proofe made before them of any our Ministers offending in any the kindes before specified, to deliuer the sayd offenders into the hands of some of the Iustices of Peace of the sayde Shire or Countie, where the sayd offence, or offences were committed, to the end they may proceede against them in as seuere maner, as the Lawe and Iustice of our Realme requireth, or alloweth. And if any of the offences aforesaid shall seeme fitter to bee proceeded withall in the Court of Starre chamber, then in the Counties where the offences shalbe committed; Then wee doe straightly charge and commaund our Atturney generall for the time being, that if information be giuen vnto him by any our Iustices of Peace of the misdemeanor of any person so deliuered, to see the sayd offender prosecuted, and duely punished. Prouided alwayes, that our meaning is not hereby to prohibite any our Iustices of Peace, vpon iust complaints of any of our louing Subiects, to examine, to binde ouer to the Sessions, or (if neede require it) to commit any such offenders in their seuerall Shires: And then, certifying the cause of such commitments to the Officers of our Greenecloth, to proceed (vpon good proofes) in further punishment of the faults, according to the Lawes of the Realme.
ANd wee doe in like maner expresly prohibite and forbid all persons, after the end of this Session of Parliament, to make any purueyance without Commission for euery seuerall Shire, contayning the kindes, and quantities (so neere as may bee) which they are to puruey within such a Shire. And that to the same Commissions blanke Scedules be annexed, which cannot be taken off, wherein they shall truely, in presence of such High Constable, or Constables, pettie Constable, or Constables, Headborough, or Headboroughes, as shall (by precept to him or them directed) be priuie to the deliuerie of any the prouisions in the said Commission specified, enter their takings presently, whereunto the said Constable, &c. shall subscribe their names or signe Manuell. And that the owners or sellers, if they will, may presently likewise subscribe their names or marks to the same. And that when they haue finished their takings in any such Shire, That then they deliuer a Duplicate of the said Scedule containing their takings, and a true Copy of their proportions appointed, to one of the next Iustices of Peace, to the end it may appeare that their takings exceed not their Warrants.
FVrthermore, where We haue bene informed, that diuers complaints haue bene made of some hard course taken by our Officers of our Greenecloth towards diuers of our louing Subiects, at such times as they haue informed against Purueiors and such like Officers vpon abuses; Although Wee haue no doubt, that any of our Officers will in any such case so much forget their respect to Iustice or Duety to Vs (the principall Officers being Counsellers of State, and the rest Knights and Gentlemen of good qualitie and discretion) yet to the intent our people may be satisfied that We haue no purpose to suffer any interruption of Iustice, vnder pretext of our authority; Wee doe hereby declare it, and so is our will and pleasure, that in case any of our louing subiects shalbe imprisoned for so doing, that the Iudges of our High Court at Westminster shall award a Habeas corpus for their reliefe, according to our Lawes.
ANd for the better satisfaction of our people, of whose loyaltie and inward affections we stand so much assured, as they will not repine at any prouision deliuered by Vertue of our Commission, if it may appeare to come to our vse, our wil and pleasure therefore is, that our Iustices of Peace in euery seuerall Countie or Country where any prouision shalbe taken by vertue of our Commissions, shall at their quarter Sessions take particular reckning of the high & pettie Constables of all warrants comming vnto them from any minister of ours, together with what prouisions or carriages they haue deliuered vnto them by vertue of our Commission; the true and iust Certificate whereof they shall halfe yearely at the least, vnder the hands and Seales of some of them certifie to our Treasurer and Comptrowler, or other our officers of Greenecloth, who presently by the parcels and accompts of our house shall duely examine the receit from such Purueiors. And if it be found by Certificate of the sayd Iustices or otherwise, that they haue taken more then they haue deliuered for our vse or expence, vnlesse it shall appeare to haue had iust cause of miscarrying by the way: then we require our officers of Houshold, vpon paine of our displeasure, without delay to send the party so offending into the Countie where such offence or offences shall be committed, there to receiue punishment of life and member, as the good and ancient lawes of our Realme haue formerly ordeined and appointed.
FVrthermore, as we did in our returne out of Wiltshire, being our first progresse, vpon the examination of some abuses, draw downe the number of our carriages to such a proportion as two full third parts was diminished of the numbers before time vsed: euen so at this time, because we conceiue that the matter of carriages is the greatest grieuance, And that it is oftentimes no lesse trouble to our people to come emptie with their carts to Court to take in carriages, then to conuey them; Wee doe therefore hereby also commaund all persons vsed in the seruice of Carttaking for our remoues, to forbeare to take either more carriages then are of necessitie to be vsed, or to warne or charge carts in any Citie, Towne, Burrow, or hundred aboue fourteene miles at any time distant from the place where they are to receiue their loding, vpon paine of loosing their Office and Seruice, and such further punishment as is to be inflicted vpon them for their contempts. And we doe likewise require all high Constables, vpon receipt of any warrants from any our carttakers, their seruants or deputies for warning of Carts within their hundreths, that they presume not to warne any but in such part of the hundreth as shall be within compasse of the fourteene miles aboue specified, vpon paine of the penalties before expressed; vnlesse it shall appeare by the Iudgement and order of the Iustices of that County, or sixe of them at the least, that it shall be more for the ease of the countrey to inlarge the extent of the number of miles aforesayd.
FVrther, wee charge and commaund the Purueiors of our Woodyard and Scullarie, vpon taking of any proportion of Wood or Coale for our prouision, not to medle or assume authority vnto themselues for warning any Carts for Carriage of the same, but by the direction of two at the least of our Iustices of Peace next adioyning of that County, where such Wood, or Coales shall be taken, to the end the same may be performed with the greatest ease to our louing Subiects, vpon paine of loosing their office, and such further punishment, as their contempt shall require: Not doubting, but those Iustices, which are made priuy to their Commission, will vse such care, and expedition at all times, for the furtherance of our seruice, and for the good and quiet of their countrey, as we shall not bee forced by their Remisnes, to returne the wonted authoritie into the hands of the Purueiors.
ANd lastly, as a further demonstration of our inward affection to our people, notwithstanding our ancient Right and Prerogatiue of Purueiance so long continued, we haue caused some of our priuy Councell, (together with our chiefe Officers of the Greenecloth) to fall into present consideration how to prouide (as soone as may be) some such conuenient number of Carts, wholly to bee maintained vpon our owne charge, as may serue vs whensoeuer we shall make any sudden remoue, or priuate iourneyes for our exercise, and recreation, without being forced to vse any Commission, or to put the Countries to any charge for furnishing vs vpon any of those vncertaine occasions.
Giuen vnder our Signe manuell at our palace of Westminster the 23. day of April, in the fourth yeere of our Reigne of Great Britaine, France and Ireland.God saue the King.
¶ Imprinted at London by Robert Barker, Printer to the Kings most excellent Maiestie. 1606.