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cause_n	bring_v	england_n	king_n	1,414	5	3.7575	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54688	Ligeancia lugens, or, Loyaltie lamenting the many great mischiefs and inconveniences which will fatally and inevitably follow the taking away of the royal pourveyances and tenures in capite and by knight-service, which being ancient and long before the conquest were not then, or are now, any slavery, publick or general grievence with some expedients humbly offered for the prevention thereof / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1661 (1661)	Wing P2010; ESTC R7943	37,109	71

LIGEANCIA LUGENS OR LOYALTIE LAMENTING The many great Mischiefs and Inconveniencies which will fatally and inevitably follow the taking away of the Royal Pourveyances and Tenures in Capite and by Knight-Service which being ancient and long before the CONQUEST were not then or are now any Slavery Publick or General Grievance With some Expedients humbly offered for the prevention thereof By Fabian Philipps LONDON Printed by J. M. for Andrew Crook and are to be sold at his Shop at the Green-Dragon in St Paul's Church-yard 1661. Ligeancia Lugens OR Loyaltie Lamenting The many great mischiefs and Inconveniences which will fatally and inevitably follow the taking away of Tenures in Capite and by Knight-Service which being Antient and long before the Conquest were not then or are now any Slavery Publique or General Grievance THe King will upon occasion of Warr want the obligations and service of his Nobility and Gentry which hold in Capite Their Homage which is the Seminary and Root of the Oath of Allegiance The Education of the Heirs of persons disaffected which hold in Capite when they shall be in ward or minority His Tenants will be the more enabled to alienate their Lands to his Enemies or such as are disaffected which common persons in their Leases one to another do usually prevent and prohibit Provision for maintenance education and portions for younger Children care of payment of Debts preservation of the Wards estate Woods and Evidences will be neglected Finding of Offices after the death of the Ancestors extents of Mannors and Lands a light to Titles and Discents of Lands and recovery and making out of Deeds and Evidences laid aside Genealogies and Pedigrees darkened and Descents not at all to be proved Contention concerning the rights of Guardianship encreased and multiplyed The Mothers of Fatherless Children in their minority made the Guardians permitted to sacrifice the children of the first husband to the spoil and interest of a Father in Law and his second Children Or make them to be a prey to the kindred of the Mothers side who will neither be so kinde or carefull as those of the Fathers Or to Trustees Executors or Administrators who are too many of them dayly experimented to be false to their Trusts and may be as bad in their Guardianships There will not be so good a means as formerly for the preservation of the Wards Estate from false or forged Wills fraudulent Conveyances and other Incumbrances Nor for preventing of the Heires of Tenants in Capite to be disinherited by Heirs by second Ven●ers forged Conveyances or Wills frewardness of an aged Father or cunning of a Stepmother In Socage and that ignoble or Plow-Tenure there will not be that ready defence for the Kingdom as in Capite and by Knight-Service All the Antient Baronies which are annexed to antient Earldomes and Baronies and the newly created Baronies being by Law and the signification of the words a Complexum of honorary possessions belonging to Earls and Barons aswell as of the honour and title residing in their persons cannot now be properly called Baronies and he that was a Baron before will in a strict interpretation of the Feudal Laws from whence they had their beginning be no more nor no better then a Soke-man Alter and disparage the fundamental and ancient constitution of Peerage by making them to hold in Socage which no Baronies in the Christian World ever did or can be found to do The antient Earls and Barons who hold as Tenants in Capite and per Baroniam as the Earl of Arundell who holdeth by the Service of Eighty four Knights Fees and the Earl of Oxford by thirty many others may be greatly prejudiced The Nobility and Gentry of England will by the taking away of their mesne Tenures by Knight-Service be disabled to serve their Prince as formerly or bring any men into the Field The Subjection and Rights of the Bishop of the Isle of Man who holdeth immediately of the Earl of Derby will be taken away The profits of the Kings Annum Diem Vastum will be lost or greatly disturbed and his and the Nobilities and Gentries Escheates which as to a third part of that which is holden in Capite or Knight Service could not before have been conveyed away will be in no better condition Our Original Magna Charta which is holden in Capite and all the Confirmations of the English Liberties Franchises of the City of London and many other Cities and Boroughs which before 9 H. 3. did use to send Burgesses to Parliament will be enervated Destroy or weaken the antient Charters of the City of London for what except their Court of Wards or Orphans concerns their Customs and Husting Courts Put into fresh disputes the question of Precedency betwixt England and Spain which belongeth to England in regard it holdeth of none but God and hath Scotland Ireland and the Isle of Man holding in Capite of it Not well agree with the honour of England and the Monarchy and Superiority thereof to have the Isles of Garnesey and Jersey which are a part of Normandie to hold of the King by Feif roturier or the Principality of Wales and the Isles of Wight and Man to hold in Socage Damnifie all the Nobility and Gentry in their mesne Tenures in which they have a propriety which our Magna Charta and a greater then that twice written by the finger of God himself do without a crime forfeiting it or a just consideration or recompence for it which a relaxation of their own Tenures and Services will not amount unto forbid to be taken away Prejudice the Families of Cornwall Hilton and Venables who are called Barons as holding per Baroniam though not sitting in Parliament Bring a dis-repute upon the Esquires and Gentry of England whose original was from Tenures by Knight-Service Take away a great part of the root and foundation of the Equestris Ordo which was derived out of Tenures in Capite Blast and enervate the degree of Baronets Take away the cause of the eminent degree of Banneretts Make our heretofore famous Nation in Feats of Arms and Chivalrie to be but as an Agreste genus hominum or a race of Rusticks like the Arcadians Take away or weaken all the Mannors and Court Barons in England which were derived or had their original from Tenures in Capite Turn Tenures in Capite which from the Duty of Homage and acknowledgment of Soveraignty were so called into a Tenure which by only acknowledging a Fealty for particular Lands which they hold is but à Latere and no more then what one man holding by a Lease for years is by Law bound to do to another Release the aid of the Maritime Counties and Ports in case of Warr and Invasion Extinguish the Duties which every Hundred upon the Sea Coasts do owe in that which which was called the Petty Watches Discharge the Mises or Payments which in Wales and Cheshire are due to the Kings

can certainly have no pretence of Grievance in them for they are only pretences and causeless clamours that have of late cast them into an odium or ill will of the common sort of people or such as do not rightly understand them but may be made to be more pleasing unto them by this or the like Expedient IF the Marriage of the Wards and Rents of their lands during all the time of their minorities computed together shall be reduced to be never above one years improved value which will be but the half of that which is now accounted to be a reasonable Fine and frequently paid by many Copy-hold Tenants whose Fines are certain and would be most joyously paid by those which are by Law to pay Fines incertain at the will of their Lords That the Arch-Bishop of Canterbury and those other few mesne Lords who by antient exemption and priviledge are to have the Wardships of Tenants holding of them by Knight-Service in their minorities though they hold other Lands in Capite and by Knight-Service of the King may be ordained to do the like favors That all that hold in Capite and by Knight-Service be freed from all Assesments touching Warr of their demesne Lands holden in Capite and by Knight-Service as in all reason they ought being a Libertie or Priviledge amongst others granted to them by the Charter of King Henry the First the Original of a great part of our Magna Charta in these words Militibus qui per Loricas terras suas defendunt terras dominicarum carucarum suarum quietas ab omnibus geldis ab omni opere proprio dono meo concedo ut sicut tam magno gravamine alleviati sunt in Equis Armis se bene instruant ut apti parati sint ad servitium meum ad defensionem Regni mei that the Knights which hold by Knight-Service and defend their own Lands by that Tenure shall be acquitted of all geldes and taxes of their Demesn Lands and from all other works upon condition that as they being freed from so great a burden they be at all times ready with Horses and Arms for the service of the King and defence of the Kingdom Which being long after found out produced and read by Stephen Langton to the Earls and Barons of England and Abbots and others of the Clergy assembled in St Pauls Church in London in the great Contest which was betwixt King JOHN and His Barons about their Liberties Gavisi sunt gaudio magno valde saith Matthew Paris juraverunt omnes in presentia dicti Archi-Episcopi quod viso tempore congruo pro hiis libertatibus si necesse fuerit decertabunt usque ad mortem They greatly rejoyced and did in the presence of the said Arch-Bishop swear that if need were they would contend even to death for those Liberties And is at this day so little misliked in France as an ancient Counsellor of Estate of that Kingdom in the Reigns of the Great Henry the Fourth of France and his son Lewis the Thirteenth in his discourse of the means of establishing preserving and aggrandising a Kingdom is of opinion that those Fieffs Nobles and Tenures by Knight Service ought to have an exemption as they there have of all manner of Taxes and Impositions for that they are to hazard their lives pour la defence de l'Estat for the defence of the Kingdom If where Lands are holden in Socage of the King or any other Person and there be a Wardship by reason of the said lands holden of the King in Capite or pour cause de garde of some other that holds in Capite and is in minority the lands which are found to be holden of the King or any other mesne Lord in Socage being taken into consideration only as to the Fine for the marriage may not be put under any Rent or Lease to be made by that Court but be freed as they were frequently and anciently by Writs sent to the Escheators now extant and appearing upon Record That Primer seisins be taken away and no more paid That the King shall in recompence thereof have and receive of every Duke or Earl that dieth seised of any Lands or Hereditaments in Capite and by Knight-Service the sum of two hundred pounds of every Baron two hundred marks of every one else that holdeth by a Knights Fee proportionably according to the quantity of the Fee which he holdeth twenty pound for a Reliefe That incroachments upon wast grounds and high ways which are holden in Capite shall be no cause of Wardship or paying any other duties incident to that Tenure if it shall upon the first proof and notice be relinquished That in case of neglecting to petition within a moneth after the death of the Tenant in Capite or otherwise concealing any Wardships or not suing out of Livery if upon information brought issue joyned and witnesses examined or at any time before Hearing or Tryal of the Cause the Party offending or concerned shall pay the prosecutor his double costs and satisfie the King the Mesne rates he shall be admitted to compound That only Escuage and service of Warr except in the aforesaid cases of the Arch-Bishop of Canterbury and some few others and all other incidents except Wardships due by their Tenants which hold of them by Knight-Service be reserved to Mesne Lords that the Reliefs of five pounds for a whole Knights Fee or proportionably according to the quantity of Lands of that kinde of Fee holden shall be after the death of every such Tenant Twenty pounds and proportionably as aforesaid That to lessen the charges of Escheators and Juries for every single Office or Inquisition to be found or taken after the death of every Tenant in Capite by Knight-Service the time of petitioning within a moneth after the death of the Ancestor may be enlarged to three moneths and the Shire Town City or principal place of every County be appointed with certain days or times for the finding of Offices to the end that one and the same Meeting and one and the same Jury with one and the same charge or by a contribution of all parties concerned may give a dispatch thereunto That the unnecessary Bonds formerly taken in the Court of Wards at 2 s. 6 d. or 3 s. charge upon suing out of every Diem clausis extremum or Writ to finde an Office obliging the prosecution thereof may be no more taken when as the time limited for petitioning to compound for Wardships and the danger of not doing of it will be ingagement sufficient That Grants Leases and Decrees of the Court may not to the great charge of the people be unnecessarily as they have been at length Inrolled with the Auditors of that Court when as the same was done before by other Officers in other Records of that Court to which the Auditors may have a free access and at any time take extracts out of

and applying no better a remedy then a plaister of Excise drawn from the rebelling necessitous example of a Neighbor Republique or Democratie put the power and ability of serving the King in his Warrs of helping him to preserve the Salus Populi or good of the people and performing the Oaths and Duty of Allegiance a great part whereof was before in the Nobility and Gentry who were the best educated more knowing and virtuous part of the people and better understanding the order and affairs of Government and the Loyaltie which at all times and upon all occasions did belong unto it into the hands and humor of the ignorant mis-understanding rude and giddy Plebeians or Common people Deprive the King and people of those Strengths ready Ayds and Assistance of the Tenants in Capite and by Knight Service who were as so many little and inoffensive Garrisons Forts in every County to defend it to make head against the sudden invasion of an Enemy put him to a stand and prevent which was evidenced by the late use and terrors of Olivers County troops the over-running or gaining of whole Territories or taking of places of Strength untill greater neighbor forces or an Army be imbodyed or to be as so many Brigades or Auxiliaries well horsed and furnished with their Tenants to attend their King in a diversive Warr as they were in Anno 1640. in that unfortunately suspended Expedition or Inrode into Scotland against those Rebellious COVENANTERS against the Laws of God as well as those of their Soveraign Decay and impoverish the Kings Revenue and bring him into a want of money which made his late Majesty the Martyr's great and extraordinary Virtues Piety and Prudence too weak to defend himself or resist the torrent of Sedition and Rebellion which like an inundation of many waters rushed in upon him Exchange the antient and noble Guards of England and its never failing defence as the earthen Walls and Bulwarks thereof by an Obligation of Tenure and Homage annexed to the Lands of those which hold in Capite and by Knight-Service for a standing Guard or Army of Hirelings or men whose Fortunes are worn on their Backs as their Clothes or by their sides as their Swords which upon any necessity or mischance happening to the King may for want of pay as the German Ruyters or Lancekneghts or by insolence or presumption of their numbers or strength as the Praetorian Bands amongst the later Romans or the Turkish mutinous Janisaries or by being inconstant and faithless as the Cosacks and Tartars usually are to the Poles ruine and forsake him or by an humor of making Remonstrances and intermedling in State matters Innovating of Laws changes of Government and sacrificing to the Ignorance of their own mechanick Brains and new found destructive Politicks destroy the people their liberties as our late Colonels and Captains of the new edition and the Agitators and Self-canonized Saints did attempt to do when they would make themselves to be so much concerned in the good of the people as to set up a Law of the Sword and a Committee of Safety to make no man to have any safety or property but themselves and called every thing Providence which proceeded from their own unparallel'd Villainies Renverse and overturn many of the fundamental Laws and Constitutions of the Kingdom and throw it with the heels upwards into very many evils and confusions which our selves as well as posterity may repent but not know how to remedie Perpetuate a Moyety of the Excise upon Ale Beer Perry and Sider and make the groans and burden thereof to be as an Inheritance for the people by the example and custom thereof be by degrees a means to introduce the whole Excise which in the Oliverian usurpation was laid upon them and though it may not happen in the life time of a gracious Prince Father of his Country and Preserver of his peoples Rights and Liberties may afterwards like Nessus's poisoned shirt upon the back of our Hercules and former Government canker eat up and destroy all their labours and industry Will cut off our Sampsons Locks and bereave him of his strength break in pieces the Shield and Spear of his mighty men of Warr and when all things Antimonarchical should be rooted out will be a fruitfull plantation and product of the greatest of Antimonarchicks and be that which our English Monarchie never yet saw or allowed and if Gods mercy prevent not may be as good a guest as a Canker or Snake in the Bosom of it All which and more evils and inconveniences then can at present be either fore-seen or enumerated and will as to very many of them as certainly follow the taking away of Tenures in Capite and by Knight-Service as effects do usually their causes Cromwell the Protector of his own Villainies as well as our Miseries very well understood when in order to the destruction of the King and his Family the ruine of all the Nobility and Gentry and the rooting up of Monarchy and every thing which did but resemble or help to support it he did all he could to take away Tenures in Capite and by Knight-Service And having a constant and standing Army of Thirty thousand Horse and Foot allowed to him and his Successors by his Instrument of Government or Rod of Scorpions and a Revenue of Nineteen hundred thousand pounds to maintain himself in his intended unlimited Monarchy and to keep the people in slavery cozening cheating and ruining all Loyal and honest men under the Hypocrisie and pretence of intentional Godliness and Two hundred thousand pounds per Annum for the provision of his House and Servants found himself no way indammaged by destroying Tenures in Capite or by Knight-Service or concerned to retain or keep them Which being the most noble sort of Tenures most antient free and priviledged will if they shall be truly and judiciously put in parallel and balance with those of the original and proper Tenures in Socage who as Coloni adscriptitii tied to their husbandry and plowes did as Sr Edward Cook saith Arare Herciare Plow and Harrow their Lords Lands and do many other servile works or with such a Socage as those many Tenants hold their Lands by which hold by a certain small rent of Sir Anthony Weldens Heir for Castle-guard to the ruined Rochester Castle in Kent to pay 3 s. 4 d. nomine poenae for every Tide which after the time limited for payment shall run under Rochester Bridg. Or with Copy-hold Tenures which at the first being frankly given for years or life and after by a continued charity turned to a Customary Inheritance were bound up to many inconveniences as not to lease their Lands or fell Timber without their Lords licence and many forfeitures payments and customes some at Fines incertain at the will of the Lord after the death of their Ancestor and which upon a suit or appeal in the Courts of

pride and vices which have made our Burdens twenty times exceed any payments or charges by Wardships which are when they happen sufficiently recompenced by the care and priviledges of the Court of Wards preserving the Wards Wood and Timber binding in great Bonds those which are trusted to make true and just accompts calling them if need be often to accompt as in the Duke of Buckinghams case once in every three years and redressing wrongs done to them either in their real or personal estates The Hundred thousand pounds and above spent the last year in Coaches and Feathers extraordinary and One hundred and fi●ty thousand pounds at the least spent this year in Ribbons must be no grievance but a quarter of either of the summs spent in Wardships which in Scotland in the raign of their King Malcombe the Second which was before the Conquest was not unwillingly yielded to be the Kings Right nè non suppeterent Regiae Majestatis facultates to the end the King should have wherewithall to defend the Kingdom which Master St John in the case of Ship money and the Parliament so called in An. 1642 were content should be allowed the King for the same purpose must be intolerable Or like those which let their sacks of Wool fall into the water and finde them to be much heavier then they were if our Land be as the shaking of the Olive-tree and as the gleaning Grapes when the Vintage is done and we cry Our leanness Our leanness and finde a disability more then formerly to perform those Duties Services which were never denyed to be due unto our Prince in support of his Royal Dignity and the Welfare and happiness of his people the cause is allunde comes another way and ariseth from our unlucky Reformations publick Taxes and Assessments to assist the ungodly attempts of those who designed and continued our intestine warrs from those grand Impositions which most of the people have laid upon themselves in the purchase of pride and superfluities which those who have made it to be so much their business may know how to free themselves of And if the Lands which are holden by such beneficiary Tenures so antient so honorable for the King and safe for him and his people and so legal rational cum totius antiquitatis et multorum seculorum concensu from generation to generation through many generations well and thankfully approved usage and custome of them shall be now taken to be burdens the owners of those Lands may easily save the labour and trouble of complaining and free themselves of those undeservedly called burdens by restoring of the Lands according to the rules of right reason law and equity to those or their heirs which did at first freely give them and had the faith and promise of those that received those no small favours cum onere to perform the Services and Duties which the Law and a long and reasonable custome have charged upon them or those which afterwards purchased them Or if that will not be liked and we must think we do nothing unless not in a Desart but a Land of Canaan we out-do the murmurings of the sadly punished Israelites with Quails in their mouthes when all shall be done as some people would have it and that Tenures in Capite and by Knight-Service and the Royal Pourveyances shall be sacrificed to their desires or wishes they will then make no better a Bargain of it then those who repining grumbling at the charge of maintaining Sea-walls and Banks have aftewards found by wofull experience that it was farr less charge and damage then to have the Sea break in upon their Marshes and Lands drown and carry away their Cattel and be at a greater charge then formerly in making them up again and maintaining of them Or as those that found fault with the Surplice did when by their unquiet ignorances they opened the door to an Army of Fanaticks and Locusts which did almost eat up every green thing in the fields of our Religion Or as those Murmurers who thinking Twenty shillings to be a heavie Taxe for Ship-money Guard of the Seas and Defence of the Kingdom to be laid upon 7 or 800l. per Annum for that was all which was in a year or half a year laid upon the unhappy Mr Hamdens Lands were afterwards for many yeares together enforced to pay the fifth part of their Rents and Revenues to help to destroy the King Laws and Religion kill their Debtors Husbands and Children and near Relations And then the next thing will be to desire that they might have the farr heavier burden of Taxes and Assessments taken off which if Tenures in Capite by Knight-Service shall be taken away can no more be avoided then he that wilfully shuts out the light of the Sun or the Day unless he will like Democritus sit and grow wiser in the dark can save the greater charges and expences of candles and other lights And will at the last learn to believe that when Salus privatorum omnia bona Civiuin in salute Patriae continentur every private mans good and safety depends upon the Kings and the Weal publick it will not be for the good and safety of the people to take away the Lions meat enforce him to seek his prey or take it himself or to suffer the head to languish in hope that the members or the rest of the body should be the better for it who when they are called to the Council or Parliament of the body natural are to lay aside all their own Interest and Concernments and every one doe what they can to cure and help the wants of it And that if those Lands which are holden in Capite and by Knight-Service had been at the first purchased at the true and utmost value and the charges now incumbent upon them had been since imposed upon them when other Lands were free and not charged with them there might be reason enough to call them burdens But being that they were not at the first purchased but freely and frankly given upon those Conditions which were by Agreement promised to be performed by those that thankfully received them and would be so now by the greatest maligners of them or inveighers against them there can be no manner of reason cause or ground to esteem them to be burdens oppressions or Norman servitudes as Ordericus Vitalis and Mathew Paris the later whereof wrote his History in the Raign of King H. 3. since which time many Indulgences have been granted to those kinde of Tenures have been pleased to mistake them when our Magna Charta and all our Acts of Parliament have in every age ranked them amongst the peoples Liberties and confirmed and made many an Act of Parliament to support those Regalities And when the Parliament of Imo Car. I mi in their great care of their Liberties and the taking away of all that might but disturb them did call them a