Chapter Twenty–eight, I.: Purveyance in General.

Nullus constabularius, vel alius ballivus noster, capiat blada vel alia catalla alicujus, nisi statim inde reddat denarios, aut respectum inde habere possit de voluntate venditoris.

No constable or other bailiff of ours shall take corn or other provisions from any one without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller.

This chapter is the first of several that redressed abuses springing from the exercise of the royal right of purveyance.

The Norman and Angevin Kings of England were compelled by their administrative duties and induced by the pleasures of the chase to move constantly from district to district. The difficulties must have been great of finding sufficient food for the retinues surrounding the King in peace or war. It was to the interests of the community that the work of government should not be brought to a stand–still for want of supplies. No opposition was made when the King arrogated to himself the privilege of appropriating, under fair conditions, the necessaries his household might require. Such a right, not unlike that enjoyed in modern times by the commander of an army encamped in an enemy’s country, was allowed to the Kings of England in their own land in time of peace. This was known as purveyance. Unfortunately, the conditions under which supplies might be requisitioned were left vague: the privilege was subject to abuse. In theory it was a right of pre–emption; the provisions seized were to be paid for at the market rate: but practice tended to differ lamentably from theory. In the absence of a neutral arbitrator to fix the value of the goods, the unfortunate seller was thankful to accept any pittance offered by royal officials, who might subsequently, indeed, charge a higher rate against the Crown. Payment was often indefinitely delayed or made not in coin but in exchequer tallies, “a vexatious anticipation of taxation,” since these could only be used in payment of Crown dues.

Magna Carta did not abolish purveyance, and placed no restrictions upon its use for the legitimate purpose of supplying the King’s household. Some slight attempt to control its exercise was made sixty years later in the Statute of Westminster I.; but without producing much effect. The Articles of 1309 complained that the King’s purveyors took great quantities of corn, malt, and meat without paying even by exchequer tallies. The grievances connected with purveyance continued, throughout four centuries, as a fertile source of vexation to the people and of friction between parliament and the King. An attempt, made by the House of Commons to induce James I. to surrender this prerogative for a money grant, ended in failure, with the abandonment of the abortive treaty known as “the Great Contract.” In the general re–settlement of the revenue, however, at the Restoration, purveyance and pre–emption, which had fallen into disuse during the Commonwealth, were abolished. Yet in the following year a new statute virtually revived one branch of the right under essential modifications: when royal progresses were necessary in the future, warrants might be issued from the Board of Green Cloth, authorizing the King to use such carts and carriages as he might require, at a fair rate of hire specified in the Act of Parliament.