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death_n	child_n	king_n	son_n	4,367	5	5.1460	4	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

Principal Flower of the Crown which being not used to be made-up or grow out of Grievances Cannot be disparaged by those clamours and crys which have more then needed been made concerning the Earl of Downes concealed Wardship and the inconveniences arising thereby which did not the tenth part of that prejudice to his Revenue and Estate which his prodigality and other Extravagancies afterwards brought upon it and might how soever have been prevented if his mother in law or any other of his friends upon the several Requests of the Master of the Court of Wards and the Officers of that Court would have petitioned and compounded for his Wardship and not have made those many Traverses and Denyals in those many Suits of Law and pursuits which were afterwards made to compell them to it Nor will that or any other which are pretended grievances be ever equal or come up to those farr exceeding real and certain grievances which too many of the Fathers in law of England into whose hands and custody most of the Wardships or Guardianships are endeavored to be more then formerly put will if those Tenures shall be taken away bring upon fatherless children and will in a short time do more harm to the childrens Estates of the first husband then ever yet happened by Wardships to the King and mesne Lords Which the case of one that twelve years ago had the Revenue of an Infant amounting unto above 700l. per Annum charged with no more then 1000 l. debt and a great personal Estate committed to his Trust hath to this day paid none or a very small part of it but keeps the Rents and profits allowing a small exhibition to the Infant to his own advantage Of another that hath sold and wasted Woods and Timber of a Minors to the value of Ten Thousand pounds sterling And many more sad deplorable Experiments which abundantly induce to believe as well as lament them are not to be found in those well-ordered easie way of the Grants and Dispositions of Wardships which happened by Tenures in Capite by Knight-Service Which may appear to be the better established upon greater grounds of Law right Reason Justice and Equity when as many of the Lords of Manors and Copy-hold Estates who do now enjoy by those Tenures many Rights Seignories and commands with view of Frank-pledge Deodands Felons Goods Wrecks Goods of Out-lawed persons and retorna Brevium granted and imparted to their Ancestors by the bounty and favor of his Majesties Royal Progenitors who did not think it to be a grievance to have Abby or religious Lands which were freely given or cheaply granted to them held in Capite and by Knight-Service though there were at the same time a Tenth of the then true yearly value reserved would not upon the pretence and clamours of some Copy-holders concerning Fines incertain and the rigours and high demands put upon them by some Lords of Manors who have 5 or 600 Copy-holders in some Manors belonging unto them and can ask 13 s. 4 d. per Acre for some Lands and 10 s. per Acre for others to permit them to take their Estates hereafter at a reasonable Fine certain and whether poor or rich indebted or not indebted and charged with children or not will seise their Herriots and take as much as they can get upon the admissions of the Heir or the out cries against the many costly and vexatious Suits which have tired Westminster-Hall and some Parliaments concerning Fines incertain be well contented That their power of rating and taking Fines should be restrained or that they should be ordered upon the admittances of their Copy-hold Tenants by Act of Parliament to permit their Tenants without such Fines as they usually take to surrender and alien two parts in three for the advancement of their Wives payment of debts or preferment of Children as the Kings of England and mesne Lords have limited themselves or should be tyed upon the death of every Tenant and admission of his Heir as King James was pleased to limit him and his Heirs and Successors That upon consideration of Circumstances which may happen in assessing Fines either by reason of the broken Estate of the deceased want of provision for his wife his great charge of children unprovided for infirmity or tenderness of the Heir incertainty of the Title or greatness of Incumberances upon the Lands there shall be as those or any other the bike Considerations shall offer themselvs used that good discretion and conscience which shall be fit in mitigating or abating Fines or Rents to the relief of such necessities Or to release and quit all their Royalties in their Manors nor would think it a good bargain to have no Compensation or Recompence at all for them or no more then after the rate of what might Communibus Annis one year with another be made of them or that they could with justice and equity lay the burdens and payments of the Copy-holders upon the Free-holders and Cotagers Which if they do not now take to be reasonable in their own cases may certainly give every man to understand how little reason there will be to take away the dependencies and benefits by Tenures in Capite and Knight-Service holden of the King and mesne Lords Or to abridge the King of that harmeless power never before denyed to any of his Ancestors to create Tenures in Capite and by Knight service or in grand Serjeanty for the defence and honour of the Kingdom upon new Grants of Lands or Favours especially when ●s His Majesty that now is did by His Declaration of the thirtieth of November last concerning the establishing and quieting the Government in the Kingdom of Ireland which hath been since very much liked and approved by the Parliament of that Nation insert a Saving of the Tenures of the Mesne Lords and ordained Tenures in Capite and by Knight-Service upon the Lands which shall be set out to the Souldiery for their Arrears Or that Tenures in Capite not by Knight-Service with all petit Serjeanties which as Sir Edward Coke saith is a Tenure as of the Crown that is as he is King and the Profits and Reservations upon them which if well gathered would make some addition to the Royal Revenue should by the pattern of Olivers so called Act of Parliament be taken away when there are no Wardships incident thereunto and that aid to make the Kings eldest Son a Knight or marry his eldest Daughter should be taken away in the Capite and Knight-Service Tenures and left to remain in the former Socage Tenures or how little it will be for the good of the people if the intended Act of Parliament shall order the Tenures in Capite by Socage to pay double their former quit Rents or other Rents or Incidents belonging thereunto or to pay for a Relief double their petit Serjeanties or other Duties reserved When as Tenures in Capite and by Knight-Service

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

8. suppose it to be a good provision for his Daughter Elizabeth Clifford to devise to her by his last Will and Testament one thousand pounds if shee married an Earle which in those dayes were men of no small revenues or an Earles sonne and heire 1000 marks if a Baron and 800 marks if a Knight and that Henry Lord Clifford his sonne did in the 12th or 13th year of the raign of Queen Eliz. give by his Will but 2000 l. to his Daughter if shee married an Earl or an Earls son and heir 2000 marks if a Baron or his son and heire apparent and 800 marks if shee married a Knight and that 1500 or 2000 or 3000 l. is now but an ordinary Portion to be given in marriage to rich yeomens sonnes or the smaller sort of Gentry or Silkmen Mercers or Drapers and a great deale too litle for those kind of Haggard Hawks for there be some though not so many as should be which live soberly and chastly and are helpers to preserve and increase not spend their husbands estates aswell as their owne Portions who fly Steeple high and cannot by any law or perswasion of Scripture Reason Shame or feare of Poverty Imprisonment and ruine of their husbands children and their sighs sorrows be brought to stoop or give way to any lower pitch but are more destructive to a husband who against his will and for that little quiet and content which he can get must permit it then the mischances of a Rot of Sheep Piracies or Shipwracks the sea breaking in upon their Landes ruine of Sequestrations or Suretyship and if they might have their wills are able to Bankrupt and exhaust the King of Spain and all his West-Indies When too many of the young women will not like or love the men unless they be as vain and expensive as themselvs and the men to please the women be fashionable must run a vie with them who shall soonest spend all they have or can by any sinfull courses compass a support or maintenance for it And the fathers most commonly so much indebted before they marry their eldest sons as they must have their marriage Portions to marry their Daughters and for 2 or 3000 l. Portion make his Daughter in law a Joynture of 4 or 500 l. per Annum to free her from the trouble of over-loveing her husband when as shee shall be after his death so well provided to get another When two or three servants wages amount to as much as six heretofore and a great deale more per Annum then would have made a good Gentlemans younger sonne an Annuity when great Assessments beleaguer them on one side and their own vices and prodigalities and all manner of costly sins and vanities now so universally practised on the other side Tradesmen use false weights and measures and more then formerly tricks and mysteries of Trade adulterating their work and commodities and raiseing the prices to three times more then heretofore and by the prodigality and carelesness of not a few of the Gentry creep into their estates and get too great a footing in it by furnishing them with vanities and the country men and Farmers to maintain their growing pride and excesse making all the haste they can to imitate them do heighten the rates of all that they sell and when the foundations of our Little World which was wont to be the best of the Greater are broken up and most part of the people eccentrick and running into excess and disorder when the Apprentices and Servants will do all they can to live like Gentlemen the Mechanicks like Merchants the Gentry as high as the Nobility the Maids will be apparelled like their Mistresses the Mistresses as farr beyond their estates as their wits Vintners Woodmongers wives Poulterers daughters must have Pearl Neck-laces of great prizes and all ranks and degrees of people would as if they had been chosen Kings Queens on Twelfth nights make it their business to be in their expences Kings and Queens all the year after do not only consume and waste the estates of very many of our Gentry and disable them to pay as formerly their necessary Aids Contributions and Oblations to their Prince for the safety of themselves and their Countries but carry them and all that follow their example beyond an Asiatica luxus that forreign luxury of Asia which as Juvenal saith incubuit victumque ulciscitur orbem Conquered and undid the conquering Rome and Mistress of the word the abuse of peace and plenty which the Lydians by the policy of Cyrus did ruine and subdue themselvs withall that height of pride and plenty which in Germany did help to procure their after wofull warrs and desolations And making us to be almost as mad in our Luxuries as the ridiculous Sybarites will suddenly if Gods mercy and good Laws prevent not make poor England which for Twenty yeares last past hath been kicked tost and torn like a Foot-ball by the pocketing and plundering Reformers and their ungodly Warrs to be a Burden to it self and not able to support the Excesses and pride of the people of it but trembling at the apprehension of Gods long deferred Judgments for the punishment of it groan under the burden of those sins which do every day more and more hasten and draw them down upon us And may perswade us when it is too late that the saving in these last Twenty yeares Eighteen hundred thousand pounds which would have been paid to King Charls the First and his Majesty that now is by reason of Wardships and Tenures in Capite and by Knight-Service with many other great summs of money due to them out of their Royal Revenues amounting to as much or a great deal more which the King in his largely extended Act of Oblivion is now pleased to remit and pardon will not by a Tenth part make the people of England savers for what was lost and expended in the Warrs by ruines and plundrings besides very near Forty millions of sterling money spent in publick Taxes and Assessments to purchase an unhappy Rebellion and the sad effects and consequences of it So that our Complaints of Tenures in Capite and Knight-Service are from a Non causa by imagining that to be a cause which was not for our supposed grievances are but like those of hurt and wounded men by their own follies and distempers which cannot endure the softest hand or most gentle touch of a Friend Tenterden Steeple was not the cause of Goodwin Sands nor of Shipwracks at Sea but the rage of the Windes Seas and the Waves and Billows cuffing each other Nor is our ever welcome Youth and lamented when it is lost the cause of Gouts Palsies Dropsies Hectick Fevers Consumptions and many times a worser Disease which the Intemperances of young people with no little charge in the purchase of them have hired to be their attendants But they are our more then ordinary

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