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england_n archbishop_n bishop_n york_n 3,248 5 9.6221 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A54695 Tenenda non tollenda, or, The necessity of preserving tenures in capite and by knight-service which according to their first institution were, and are yet, a great part of the salus populi, and the safety and defence of the King, as well as of his people : together with a prospect of the very many mischiefs and inconveniences, which by the taking away or altering of those tenures, will inevitably happen to the King and his kingdomes / by Fabian Philipps ... Philipps, Fabian, 1601-1690. 1660 (1660) Wing P2019; ESTC R16070 141,615 292

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never be so good or for the ease of the people as when the King by a constant and well ordered Court shall be rescued from the importunityes and necessityes of great men and preserved from the Errors which an indulgence or munificence to so many Cravers Petitioners and Pretenders as do usually throng the Courts and presence of Princes might draw or perswade them unto and the Wards and their Friends not put to seek Remedies or just Defences in their Suits or Concernments in other Courts amongst a multitude and intermixture of Causes of another nature nor to procure an accesse for their Petitions to their Kings or at their Courts or Residences where a continual assembly of all the weighty cares and emergencies in Government will inevitably inforce or necessitate delayes and notwithstanding the help of some costly Mediators and intercessors cannot nor ever could be easily got through but may in such a fixed and peculiar Court as that of the Wards Liveri●● with a small expence of time or attendance and the assistance of certain allowed Fees to proper and appointed offices which cannot be any grievance where they shall be any thing within the bounds of Reason or Moderation know how to find out and go to their proper Remedies as readily as an Apothecary can to his Boxes of Medicaments or the Physician to the experimented directions of his Books or Recipes and were sure to be heard and have redresse in a Court of Justice guided and governed by wise and good men who being as great as they were good were fenced and compassed about with comprehensive and restraining Oaths enjoyning all manner of right and forbidding the least of Injustice and wrong to be done unto the People Preserved the estates inheritance and evidences of the Wards guarded and rescued the estates of Lunatiques and Ideots from those that would deceive them helped the Wards in the discovery and recovery of their debts and rights rescued them from all wrongs enjoyned and prohibited other Courts from any cognizance or determination of their concernments except when a Will was to be proved or an Administration granted or the like to or for the use and benefit of a Ward and committed the education of such whose Fathers dyed Papists so to Protestants as many and amongst them some Earls and Nobility have by the direction of the King and the care of that Court been put under the Tuition of some Bishops and thereby become Protestants and their Posterities fastened in that Religion most of which cares of that Court and benefits received by the people could not be at all or not so well had and enjoyed when there was no Court which besides the pr●venting and punishing of stoln marriages and many other benefits not here mentioned may notwithstanding some deviations and irregularities which have been committed by some Officers and Clarks which may easily be remedied be as useful as other of the great Courts in Westminster-Hall which were not dissolved or put down in the reign of King E. 1. because all the Judges of the Kings Bench common Pleas and Exchequer except John de Metingham and Elias de Beckingham were by judgment of Parliament found guilty and grievously Fined for Briberies extortions oppressions and other great misdemeanors but to the great good and comfort of the people and nation have as before those offences committed by some of their Judges in the absence of the King in Gasconie ever since continued as great Magazines of Justice and the Asylums or Sanctuaries of all that are distressed So as no Serpent for ought ever appears lurked under that green grasse nor any Crocodile nourished or bathed himself in those wholesome waters laid not his eggs in the Sand of our Estates or Properties assaulted not the innocent Passenger nor spoiled our Flocks of Sheep or herds of Cattle and a Marvail or wonder it may therefore be that so good so necessary and so beneficial an Institution should have any Innate or original evil or grievance in it and the quaerulous humour of the vulgar who like a herd of Swine do too often cry when one of many of them is but justly pinched or wrung by the ear for his unjust Trespassings or as those irrational Guards of the night do use to howl or bark because one of their kind half a mile off torments himself in a Moon-light night in barking at his own or any other shaddow should never stuffe out or enlarge their complaints against that which was accounted to be no grievance in Edward the Confessors time whose memory was and is yet like the Nard or Spices of the East and his Laws so venerable as our English fore-fathers could in the loss and ruines of their Country hide them under his shrine at Westminster and thought themselves happy when as with Tears and Importunities they obtained of William the Conquerour to be restored to them and left them as rich Heir-looms and a precious Legacy to their Posterity who got the care and observation of them to be afterwards inserted into the Coronation-Oath of the succeeding Kings of England And could no way be suspected not to be highly contented with them when as they were Leges propriae Laws of their own Country consuetudines antiquae in quibus vixerant Patres ●orum ipsi in eis nati nutriti fuerunt and the antient Customs in which their fore-fathers were born or bred up in not collected or put together by incertain reports partial or doubtful upon reasonlesse traditions or hear-says of an afflicted trembling or affrighted degenerate people under the sense and miseries of a late Forreign Conquest but per praeceptum Regis Wil●elmi electi sunt de singulis totius Angliae Comitatibus 12 viri sapie●tiores quibus jurejurando injunctum fuit coram Rege Gulielmo ut quoad possent tramite neque ad dextram neque ad sinistram declinantes legum suarum consuetudinum sancita patefacerent nil praetermittentes nil addentes nil praevaricando mutantes orderly and judicially inquired and sought out by a fair and just election of twelve of the wisest men of every County in England by virtue of King William the Conquerours Writs or Commission to whom being brought into the Kings presence they were injoyned by oath that as much as possibly they could they should have a care to do right and neither incline to the right hand nor to the left without any omission addition collusion or deceit should certifie their legal Customs which being done and written out by the Kings command by the proper hand-writing of Aldered Arch-Bishop of York and Hugh Bishop of London were by the King ratified by his Proclamation and made perpetual per totum Regnum Angliae inviolabiliter tenendas sub paenis gravissimis Throughout all England under grievous penalties to be observed and kept And so approved by the people as about 70 years after the Citizens of London as the continuation of Florence