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A54696 Ursa major & minor, or, A sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching His Majestie's league made with the King of France upon occasion of his wars with Holland and the United Provinces : in a letter written to a learned friend. Philipps, Fabian, 1601-1690. 1681 (1681) Wing P2019A; Wing U141_CANCELLED; ESTC R23216 69,552 56

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have a mind to Imitate such a self-ruining madness the dire Events and many heavy and remediless Calamities which fell upon the over-sparing and cautious Constantinopolitans who denying their Emperor a necessary and fitting Aid to defend them as well as himself made the Turks Master of all Greece so renowned heretofore for Learning and that City and the Riches of it a twentieth or a very small part whereof might have disappointed all the Tyranny Bondage and Slavery which they have ever since been under and are according to Humane Judgement like to continue to the end of the World in no better a Condition And now that Hannibal is ad Portas Dangers on all sides encompassing and crowding in upon us we should neither forsake our selves and good old England which will surely be worth the saving nor so much mistake that which was ever accompted to be Reason Wisdom and Forecast as to undervalue the prospect and the cares of Prevention laugh at them as Pedantick Fopperies or the dotage of a Decrepit World and like Jonas displeasing his God fall asleep in the midst of a Tempest But rather make hast to return to our selves and set before us the Wisdom and Examples of our Ancestors and Predecessors who in the care of themselves and of the Private and Publick not separate but joyned together as well as of their Kings and Soveraigns would not be deterred by any Statemisfortunes or Irregularities or tempted by their Jealousies or Fears to suffer themselves as the Members and smaller parts of the Body to languish and be destroyed by neglecting the Head and the Security and Safety thereof or by not paying their Duty and Reverence to their Kings hate and ruine themselves which in all their Discontents and Murmurings against their Kings and Government the Anxieties or Commotions of their Minds and Passions or the Dispairs which had sometimes seized upon them they did so much seek to avoid as they did not refuse them Aids in all their Wars and Troubles Domestick and Foreign King Henry the Second who after a very great and general Act of resumption of the Aliened Crown Revenue some whereof had been granted by himself had discontented many of his great Nobility when all his Sons had Rebelled Warred and taken Arms against him wanted not a supply by Escuage from his Subjects of England to reduce them to Obedience and make his Wars in France King Richard the First being unfortunately in his Return Incognito from his warlike and glorious Expedition to Jerusalem made Prisoner by an unworthy Surprize of the Duke of Austria and the German Emperor enforced as some of our Historians have reported for his Deliverance to invest the former of them with the Superiority of his Kingdom of England by the delivering of his Hat unto him which the Emperor in the presence of divers of the Nobility of Germany and England returned unto him to hold the Kingdom of him by the Annual Tribute of Fifty thousand pound Sterling and his Brother John Usurping the Crown in his absence and Plotting with the Emperor and the King of France his mortal Enemy to continue him a Prisoner during his Life both Laiety and Clergy notwithstanding that he had by the perswasion of the Clergy more than of the Laiety been ingaged in that very Expensive War did so strain themselves to redeem the Person of their King the Kingdom and People at that time being secure enough from Foreign Invasions as they raised and paid One hundred and fifty thousand Marks in pure Silver of Cologn weight then a very great Sum of Money by Twenty Shillings imposed upon every Knights Fee the fourth part of the Revenue of the Laiety and the like of the Clergy a tenth of their Goods all or most the Chalices and Treasure of the Church being then also not a little sold to make up the Sum So as William Petit or Newbrigensis who wrote his Book in that time saith Ferè exmunita pecuniis Anglia videretur England seemed to be almost emptied of all her Money and the like courses were held for raising that then great Sum of Money in all his Dominions beyond the Seas King John likewise having resum'd much of his Crown-Lands Murdered as was suspected his Nephew Arthur the right Heir to the Crown and thereby forfeited the Dutchy of Normandy to the King of France of whom he held it and in those many Troubles and Distresses which were cast upon him by his unruly Baronage constrained to acknowledge to hold his Kingdoms of England and Dominion of Ireland of the Pope and his Successors in Fee-Farm under the yearly Rent of One thousand Marks per Annum Charged his Earls and Barons with the Losses which he had sustained in France Fined and made them pay a seventh part of all their Goods had Two marks and a half granted unto him by the Parliament out of every Knight's Feé and within a year after a thirteenth part of all the Moveables and other Goods as well of the Clergy as of the Laiety King Henry the Third his Son resum'd all the Lands alien'd from the Crown had so great Troubles entail'd upon him by the Contests of his boisterous Baronage with his Father as Lewis the French King's Son was called in by some of them received their Homage and had London and a great part of the Kingdom delivered up and put into his Possession but upon better Consideration was afterwards sent home again by those that Invited him and the Barons of England having so little accorded with their Native King as several Battels were fought betwixt them in one of which the King himself was taken Prisoner and in another released by the Valour of the Prince his Son the managers of that Rebellion Slain and their multitude of Partizans reduced to Obedience being a great part of the Kingdom by their Compounding with his Commissioners at Kenelworth to give him Seven years Purchase of the yearly value of their Lands which amounted to a very great Sum of Money for a Pardon for their Offences and a Redemption of their Estates the Subjects and People of this Nation did howsoever in order to their own Preservation besides the fifteenth part of all their Goods for his Grants of Magna Charta and Charta Forestae not deny him their Aids of Scutage Fifteenths and Tenths there being scarce a year wherein there was not a Parliament and seldom any Parliament without a Tax King Edward the First notwithstanding his Writs of Quo Warranto brought against all the Nobility Great Men Gentry and others of England Cities and Burroughs Claiming Liberties and Priviledges wherein he did put them strictly to prove them either by Grant or Prescription seized and confiscated the Estates of the Earls of Gloucester Hereford and Norfolk Men of great Might and Power for their refusing to go and serve him in his Wars beyond the Seas the Earl of Hereford being Constable and the Earl of Norfolk Earl Marshal of
England by Inheritance And their mutual Rancors and Displeasures with the grand Contests of them and their Parties to procure the Statutes of Articuli super Chartas de Tallagio non Concedendo were not healed without the Aids and Subsidies of his People The mis-government and mis-leading of King Edward the Second by his several Favorites Peirce Gaveston and the Spencers did not hinder him from the Supplies of his People King Edward the Third after a fifteenth of the Temporalty a twentieth part of the Goods of the Cities and Burroughs and a tenth of the Clergy granted unto him by Parliament in the Eighth year of his Reign having consumed much Treasure in his Wars made for the Kingdom of France which he claimed as his Inheritance wherein the English Nation more than for the Grandeur and Honour of their Prince were not much concerned but were jealous until an Act or Declaration of the King in Parliament was procured to the contrary that the Conquest of France might have caused England to have been afterwards dependant upon that greater Crown and Kingdom was notwithstanding the seizure and taking into his hands the Goods and Estates of three Orders of Monks viz. The Lombards Cluniacks and Cistertians and all the Treasure committed to the Custody of the Churches through England for the Holy War forced to revoke divers Assignations made for Payment of Moneys though he had received Three Millions of Crowns of Gold for the Ransom of John King of France whom his Son the Black Prince had taken Prisoner and was not put to lose any of his Honour Friends Estate or Interest for want of the necessary Assistance of his Subjects who for the maintenance of those and other his Wars were howsoever well content to give him half of the Laieties Wool and a whole of the Clergies and at another time the ninth Sheaf the ninth Fleece and ninth Lamb for two years and after many other Taxes and Aids granted in several Parliaments of his Reign and a Commission sent into every Shire to enquire of the value of every man's Estate The Treasure of the Nation being much exhausted found the People so willing to undergo that and other Burdens which those successful Wars had brought upon them as the Ladies and Gentlewomen did willingly Sacrifice their Jewels to the Payment of his Souldiers That Unfortunate Prince Richard the Second his Grandchild tossed and perplexed with the Greatness Ambition and Factions of his Uncles and the subtil underminings of John of Gaunt Duke of Lancaster the most powerful of them fatally continued and pursued by Henry of Bullingbrook his Son Duke of Hereford was not in all those his Distresses so unhappy but that although the Commons in Parliament had by their Petitions unto him complained That for want of good Redress about his Person and in his Houshold and Courts the Commons were daily pilled and nothing defended against the Enemy and that it would shortly undo him and the whole Estate yet they were so mindful of their Soveraign and themselves as they not only afforded him very great Aids and Assistances but in the Fourteenth year of his Reign the Lords and Commons in Parliament did Pray That The Prerogative of the King and his Crown might be kept and all things done or attempted to the contrary might be redressed and that he might be as free as any of his Royal Progenitors were And in the Fifteenth year of his Reign did in Parliament require him That He would as largely enjoy his Prerogative as any of his Progenitors notwithstanding any Statute and namely the Statute of Gloucester in the time of King Edward the Third the which Statute they utterly repealed out of their tender affection to the King King Henry the Fourth Fifth and Sixth although well understood to have been Kings de facto not de jure for so not seldom have been the Pleadings at the Law of their Acts of Parliament and although the later of those Kings being Crowned King of France in his Infancy and in Possession of that Kingdom was by his Meek and Pious rather than Prudent Government a great part of the Cause of the Bloody Contests betwixt the Two Houses of York and Lancaster which ruined very many of the Nobility and Gentry by taking their several Parties and were by their Discords the loss of all the Kingdom of France but Calice And that Richard Duke of York had in Parliament so claimed and wrestled for the Crown as he was declared Protector of the Kingdom of England enjoyed notwithstanding the care and good will of their Subjects upon all occasions either at home or abroad in times of Peace or War by their Contributions of Subsidies King Edward the Fourth in the brunt and hottest of the long continued bloody Contentions of the two great Houses and Families of York and Lancaster after nine Battels won by himself attested by his Surcoat of Arms which he wore therein hung up as a Trophy in the Cathedral Church of St. George at Windsor and his many struglings with King Henry the Sixth and his Party in losing and gaining the Crown again War with France and compelling the crafty Lewis the 11 th the King thereof to demand a Peace and consent to pay him 75000 Crowns towards his War Expences and a Tribute of 50000 Crowns yearly during the life of King Edward notwithstanding that he had in the second year of his Reign sate in a Michaelmas Term three days together in his Court of Kings Bench and gathered great Sums of Money of the People of England by his Privy Seal towards his Wars with the Scots and in the Seventh year of his Reign resumed by Act of Parliament all the Grants which he had made since he took Possession of the Realm raised great Sums of Money by Benevolences and Penal Laws had in the Eighth year of his Reign granted him by Act of Parliament two fifteens and a Demy and in the Thirteenth year of his Reign a Subsidy towards his Wars with France when the Actions Courage and Wisdom of Parliaments were so incertain as there was in the space of half a year one Parliament Proclaiming King Edward an Usurper and King Henry a Lawful King and another Proclaiming King Edward a Lawful King and King Henry an Usurper King Henry the Seventh although that he sometimes declared That he held the Crown as won in Battel by Conquest of King Richard the Third and at other times by his better Title from the House of York and his Marriage with the Lady Elizabeth the Daughter of King Edward the Fourth and avaritiously took all the ways possible for the enriching of his Treasury had divers great Aids and Subsidies granted unto him by Parliament King Henry the Eighth notwithstanding that he had after many great Subsidies and Aids both as to the Money and manner of Collecting it granted unto him his Heirs and Successors by several Parliaments and the first Fruits and Tenths of
perswade her or her Learned Successor notwithstanding the Horrid design of the Gunpowder Treason against him and his Posterity and the wiser as they should be and better part of his Subjects Assembled in Parliament to be more than prudentially rigorous to that Party whose Friends in other Countries might retalliate any Severity used to theirs And although she made some fierce and smart Laws to affright those that called themselves Catholicks for principles inconsistent with the Safety of her Soveraignty and its Government which in all these Acts of Parliament appeared to be more against the Emissaries from Rome which came to Seduce and lead them into such dangerous Errors than to forbid any thing that was Innocent in the private Devotions religious and practical part of it that Great Queen and King well understanding that they could not by any Rules of State Justice or Modesty of which Princes when there is not so great Inequality as to give them an absolute Dominion over one another are usually very tender require any Ease or Liberties for Protestants living under other Princes and their Laws when they can neither promise or perform Mutualities or Reciprocations And therefore the Learned King James when the House of Commons in Parliament had Petitioned him to give some stop to the growth of Popery one Cause whereof they assigned to be the Interposition of Foreign Princes Embassadors and Agents in favour of Papists Answered That they might rest secure that he would never be weary to do all he could for the Propagation of the Protestant Religion and Suppression of Popery but the manner and form they were to remit to his Care and Providence who could best consider of times and seasons but his Care of Religion must be such as on the one part he must not by the hot Persecution of our Recusants at home irritate Foreign Princes of a contrary Religion and teach them a way to plague the Protestants in their Dominions with whom he daily interceeded and at that time principally for ease to them of our Profession that live under them And in the 21 th year of his Reign in a Speech which he made in Parliament declared to the Lords and Commons That it was true that at times for Reasons best known to himself he did not so fully put Laws in Execution against Recusants but did wink and connive at some things which might have hindred more weighty Affairs But he did never in all his Treaties agree to any thing to the overthrow and dissolution of those Laws but had in all a chief care of the preservation of that truth which he ever professed for as it was a good Horseman's part not always to use his Spurs and keep strait the Reins but sometime to suffer the Reins to be more remiss So it was the part of a Wise King and his Age and Experience in Government had informed him sometimes to quicken the Laws with Executions and at other times upon just Occasions to be more remiss But as God shall Judge him he never thought or meant nor ever in any word expressed any thing that savoured of it and prayed them to root out Jealousies which were the greatest Weeds in their Garden For certainly to Consiseate two parts of three of a Papist's Lands or disinherit the next Heir if bred up in that Religion can never amount to the avail of Protestants in Transilvania Hungary Bohemia Silesia Moravia Poland Upper or Lower Austria Piedmont Flanders Brabant and the rest of the Belgick Provinces nor under those which were United and Confederate the Hause-Towns Bearne and some other of the Cantons of Switzerland and the bad enough already used Multitudes of Huguenots in France Nor can the Persecution or destroying of the greater part of the Protestants beyond the Seas to gratifie the humerous pretences and causeless fears of the more Imprudent and lesser part of the Protestants of England be by any rule of right reason adjudged to be for the Protestant Interest And upon the like advice and reason may our fears of any Invasion upon our Properties and just Rights disappear and vanish as soon as they shall with any eye of Judgment be but looked upon nor will ever be able to endure the touchstone of Truth when our Liberties are so Impregnable and fortified by very many of our good Laws and Liberties and by our Magna Charta and Charters de Foresta more than Thirty times confirmed by Acts of Parliament for those great Charters were never singly or by themselves so many times confirmed by Acts of Parliament When by that excellent Law and Charter freely granted in the Ninth year of the Reign of King Hen. 3. No Freeman may be taken or Imprisoned or be disseised of his freehold Liberties or free Customs be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land no man shall be amerced for a small fault or if for a greater saving to him his Contenement and a Merchant saving to him his Merchandize Earls and Barons shall not be amerced but by their Peers the King will not sell deny or defer any Man either Justice or Right No Man of the Church shall be amerced after the quantity of his Spiritual benefit but after the quantity of his Lay-tenement and the quantity of his Offence and a Villain shall not be amerced but saving his Wainage and that all things done to the contrary shall be void Sureties or Pledges shall not be Charged for any Debts of the King if the Debtor hath Goods and Chattels to pay the Debt and is ready to pay None shall be Distreined for more Service than is due Common Pleas shall not follow the King 's Court. Those that do commit Redisseisin shall be Imprisoned and not delivered without special Commandment of the King and shall make Fine to the King for the Trespass By an Act of Parliament made in the Third year of King Edward the First none shall be attached by any occasion nor fore-judged of life or limb nor his Lands Tenements Goods or Chattels seised into the King's hands against the form of the Great Charter and the Law of the Land No City Burrough or Town nor any Man shall be amerced without reasonable Cause and according to the quantity of his Trespass that is to say every Freeman saving his Free-hold and Merchant saving his Merchandize a Villain saving his Gainure and that by his or their Peers By an Act of Parliament made in the 25th year of his Reign The King will take no Aids or Prizes but by the Common consent of the Realm saving the ancient Aids and Prizes due and accustomed Aids and Taxes granted to the King shall not be taken for a Custom No Officer of the King by themselves or any other shall maintain Pleas Suits or Matters hanging in the King's Court for Lands Tenements or other things to