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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

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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
of England at their Coronations Indamage the King in his other R●galities as in the Cinque Ports finding fifty ships upon occasion of Warr and many reservations of Honor and profit upon Tenures in Capite Knight Service and Socage in Capite which if revived and well looked after would almost raise an Army and furnish a great part of the Provisions thereof The King upon occasion of Warr shall never be able to erect his Standard but will be left to hire and provide an Army out of the Rascal●ity faithless unobliged rude deboisht necessitous and common sort of people If a Warr should break forth before a Rent-day or Excise money can be gathered will never want misfortunes and distresses and the King thereby failing of an Assistance at Land may loose also the help of his Navy at Sea May have his Money and his Rents seised as his late Majesties Magazines and Rents were in the beginning of the late Warrs Can have no manner of assurance in a Sedition or Commotion of the people that men will for a small pay adventure their lives and limbs for many times no better a reward then the lamentable comforts of an Hospital and the small charities and allowance usually bestowed upon maimed Souldie●s Destroy the hopes of the Bishops ever sitting again in the House of Peers as a third Estate or if restored to those their just rights so weaken the ground and foundation of that most antient Constitution as they may again be in danger to be divested of them which the inconveniences of prescriptions interrupted and Customs altered may perswade us to take heed of Disable the King and his Successors from recovering Forreign Rights succouring Allyes and making an Offensive or diversive Warr. Shake or dislocate if not take away that great Fundamental Law and Ancient Constitution of the Baronage and Peerage of England and their Rights of Sitting in the House of Peers in Parliament who sit there as Tenants in Capite and per Baroniam and are summoned thither in fide homagio in the faith and homage by which they are obliged which Proviso's not always arriving to their ends or intentions or a Saving of the Rights of Peerage of Sitting in the House of Peers in Parliament will not be able to insure or give them a certainty to be left in as good a condition as they were before Disfranchise the Counties Palatine of Lancaster Chester Durham and the Isle of Ely which relate unto Palaces of Kings not Plows and are no where in the Christian world to be found holden by any other Tenure then in Capite Make our Nobility and Gentry to hold their lands by no better Tenures then the Roturiers or Paysants of France do theirs and in Socage which as Sir Henry Spelman saith Ignobilibus rusticis competit nullo feudali privilegio ornatum feudi nomen sub recenti seculo perperam abusu rerum auspicatum belongs only to rusticks and ignoble men and being not intituled to any feudal priviledge hath of late times improperly and by abuse gained the name of Fee Loosen the foundation of such ancient Earldoms and Baronies as have been said to consist of a certain number of Knights Fees holden of them Hazard the avitas consuetudines ancient Rights and Customs belonging to Tenants in Capite and by Knight-Service Take away or lessen as to the future the fame and honour of the Nobility and Gentry of the English Nation which in feats of Chivalrie not Socagerie extended as far as the Roman Eagles ever flew and had no other bounds then the utmost parts of the earth Render them in Tenure and that which at first made them by their virtue and imployment Superiors in degree aswell as in their Lands and Revenues to the common sort of people to be in that particular but as their equals Will not be consistent with the honour of England to have Tenures in Capite and by Knight-Service retained in Ireland and Scotland and not in England and to lessen the honour and strength of the English Nobility and Gentry in England by reducing their mesne Tenures into free and common Socage whilst the better and more Noble Tenures in Capite and by Knight-Service shall be enjoyed in those inferior and dependent Kingdoms Or if taken away in Ireland and reduced into free and common Socage will in all probability meet with as many inconveniences as the like may do in England and lose the Kings of England that Service which by reason of the Tenures in Capite was always in a readiness and made use of by their Progenitors upon all occasions of War and necessity as well in England as Ireland And if the like shall be done in Scotland where the people too much accustomed to infidelity and a Rhodomontading where they are not resisted are best if not only to be Governed by their dependencies upon their Superiors and Benefactors and holding their Lands by Military and Knight-Service as that Kingdome it self doth in Capite of England as it was stoutly asserted by our King EDWARD the First and His Baronage of England there will happen such a dissolution or distemper of that body politique as will exceed all or any imagination before hand and the inferior sort of people will by such an alteration of their Tenures be like hunger bitten Bears let loose to as bad if not a worse kind of levelling then our Phanaticks would not long ago have cut out for the three Kingdoms of England Scotland and Ireland now happily conjoyned under their rightful King and Soveraign Will greatly derogate from the honour of the English Nation and make them who excelled in their Laws and Constitutions all or most of the Nations and Kingdoms of the Christian world and had more of right reason in them to be as a reproach to other Nations and seperated from the use of those ancient and Regal Rights Customs Powers and Regalities which all Monarchies in Christendom do use and will be as inconsistent with the honour of England as it would be to have their Kings in a complaisance of a troublesome and unquiet part of the people not to be Crowned nor Annointed not to use a Scepter or have a sword born before Them not to make Knights or not to do it in the ancient and usual manner which the Kings of other Nations and Kingdoms have ever done and enjoyed or to have the Earls of England as if they were only Comites Parochiales Governors of Villages mentioned by Goldastus or Dijck Graven or men of small honour in Holland appointed to look to their Sea-banks not to wear their Circulos Aureos Coronets of Gold Will not accord well with the Rules of Justice to take away Knights Fees or Tenures by Knight-Service from the mesne Lords without a fitting Recompence But break the Publique Faith and Contracts of those that hold of the King or them The recompence of 150000 l. per Annum will not be adequate to the loss
in Capite and by Knight-Service hath since caused the King to pay three times or more then formerly he did as 12d per pound for Butter where it was before but three pence twelve shillings a hundred for Eggs where it was before but three shillings and eighteen pence a mile for a Cart to carry his goods or provision when it was before but two pence a mile in Summer and six pence in winter twelve pounds for a Beef or an Oxe which before was willingly and without any oppression of the Counties served in at fifty shillings Render the One hundred and fifty thousand pounds per Annum of Excise money for the intended recompence for the profit and honour of his Tenures Court of Wards and Pourveyance to be no more if it could clearly come up to that summ then Thirty seven thousand and five hundred pounds but if with allowances and charges in the collecting and arrears and bad payments or otherwise it should amount as it is likely to no more then One hundred thousand pounds per Annum the clear of that to the King three parts in four of his prizes enhaunced being deducted is like to be but Twenty and five thousand pounds per Annum Which when the Excise wherein the King himself shall now pay a Taxe or Excise for his Beer and Ale and other Assessments shall every day more and more make dear the Markets and that the people shall to make themselves more then savers stretch the price of their Commodities and make an addition to the former years rates and demands for all sorts of victuals and provision of livelihood or that the King or His Pourveyors shall over and above that be for want of ready money enforced to pay a treble or more interest for buying upon Time or days of payment will also within the compass of seven years vanish into a Cypher And if the Excise for the burden and grievance thereof should also be taken away the King having no provision made in the Act for taking away his Tenures in Capite and by Knight-Service and of his Pourveyance ●or the intended recompence of that part of the Excise therein mentioned to resort back again in such a case to the former profit of his Tenures and ease of Pourveyance Will then not only have given away those two great Flowers of His Crown for nothing but be as much a looser in what he shall over and above pay for his houshold provision Cart taking and other necessaries as hee shall pay a greater rate then his former pourveyances came unto which in 200000 l. per ann which may well be conjectured to be the least which will be expended in that kinde will considering three parts in four of the prizes enhanced amount to no less a detriment then one hundred seventy five thousand pounds per Annum besides what must be added to that loss for what shall be paid more then formerly for Timber and materials for the Navy and repair of the Kings Houses Castles and Forts and by the peoples every year more and more raising their priaees upon him And then the bargain or exchange betwixt the King and the people for the Tenures in Capite and by Knight-Service and his Pourveyances besides the giving away so great a part of his Prerogative and Soveraignty will arrive to no more then this The King shall remit the yearly revenue of Eighty eight thousand seventy pounds per Annum defalcations for exhibitions and allowances for Fees Dyet and other necessaries and charges first deducted which was made by the Court of Wards in the year 1640 besides Thirteen thousand two hundred eighty eight pounds profit for those kinde of Tenures which in that year was collected and brought into the Exchequer which will make a Total of One hundred one thousand three hundred fifty eight pounds per Annum Or if but Eighty one thousand two hundred eighty eight pounds all charges cleared and deducted as it came unto in Anno 1637. which was 13º Car. primi both which was easily paid by the Nobility Gentry and richest and most able part of the people for or in respect of their Lands holden in Capite which were never purchased but frankly given for their Service Homage and incidents thereunto apperteining And release the ease and benefit of his Pourveyances which did not in all the Fifty two Counties of England and Wales by the estimate of what was allowed towards it in Kent being thereby charged only with Twelve hundred pounds per Annum or thereabouts put the people of England to above Forty thousand pounds per Annum charges which totalled and summed up together with the profits of the Tenures in Capite in An. 1640. being 16º Car. will make One hundred forty one thousand three hundred pounds or One hundred and twenty thousand two hundred eighty eight pounds all necessary charges satisfied as it was in 13º Car. primi Shall give away that One hundred forty one thousand three hundred pounds or One hundred and twenty thousand two hundred and eighty pounds per Annum and loose One hundred and fifty thousand pounds per Annum in the buying of his Houshold provisions besides what more shall be put upon him by a further enhaunce of prizes for to gaine One hundred thousand pounds for that moyety of the Excise of Ale and Beer to be paid out of the sighes dayly complaints and lamentations of the poorest sort of the subjects and the discontents and mournings of nineteen parts in twenty of all the people who by the payment of that Excise will be made to bear the burdens of others to acquit less then a twentieth part of them of those no ruining payments not often happening to be charged upon them by reason of those kinde of Tenures or for nothing if that Excise should be taken away Prejudice the King in his Honor which Saul when he entreated Samuel not to dishonor him before the people understood to be of some concernment and his Estate in not affording his Pourveyors a pre-emption in the buying provision for his Royal Family Tables and Attendants which all the Acts of Parliament made concerning the Regulating of Pourveyances never denyed The Princes of Germany are allowed in their smaller Dominions the Caterers of every Nobleman frequenting the Markets the servants of every Lord of a Mannor in England do enjoy and the common civilities of mankinde and but ordinary respect of inferiors to their superiors do easily perswade Will not agree or keep company with that honor and reverence which by the Laws of God and Nature Nations and right reason will be due and ought to be paid to a King and Father of his Country nor with the gratitude of those who often enough come with their Buckets to the Well or Fountains or his mercy or are not seldom craving and obtaining favors of him to refuse him those small Retorns or Acknowledgments for his bounties nor prudence to shew him the way to be