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judgement_n common_a court_n writ_n 1,573 5 9.1762 5 false
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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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Justice or Chancery are never mitigated or brought lower then two years present and improved value and where the Fines are certain do in many places pay as much or more in some places where they pay less pay after the rate of five pence per Acre and in other eight pence per Acre or higher as the custome varies and pay Herriots not only upon the death of the last Tenant but upon Surrenders and in some places the Widdows having no Free Bench as they call it or Estate in the Lands after their Husbands and where they have that or Dower which is seldom in other places do forfeit if they marry again or in some places if they commit fornication or adultery in their Widdow-hood and if the Lords of Mannors put the Tenants out of their Copyhold Estates upon a forfeiture they have by Law no remedy but to petition to them can have no Writ of Right-close to command their Lords to do them right without delay according to the custome of the Mannor no Writ of False Judgment at the Common Law given in the Lords Court but must sue to the Lord by Petition nor can sue any Writ of Monstraverunt to command their Lords not to require of them other Customs or Services then they ought must grinde at the Lords Mill and bake at his common Oven and not speak irreverently of them Or those kinde of Tenures of Lands in Cumberland Northumberland Westmerland and the North parts of England which pay a thirty peny Fine at every alienation and a twenty peny Fine upon the death of an Ancestor or of their Lord according to the rate of the small yearly rents of their Lands which were at the first freely given for service in Warr and to repell the Scottish Incursions now much insisted upon and called Tenant-Right Or Lease-holders which are racked or pay Fines and a Rent as much as any will give for them under harsh and strict Covenants conditions forfeitures Nomine Poenae's without a standing Army Assessments and a Troop of Horse as was done in Olivers time to scout in every County to awe terrifie abuse and sometimes rob the Inhabitants Or the now so much desired Tenure of free and common Socage many of which are under the payment of a Tenth every year of the value as they were first granted by Fealty only for all services with a standing Army or Assessments though farr lesser as it is hoped instead of Tenures in Capite and by Knight-Service will be more desirable and prove a greater freedom then either the old Socage Tenure which in Kent they did sometimes willingly exchange to hold the same Lands by Knight-Service or the Copy-holders or Northern Tenant-rightmen or the free and common Socage by Fealtie only and no other Services None of which have or can justly claim as the Tenants in Capite and by Knight-Service do those antient and honourable Rights Immunities and Priviledges which justly belong unto them nor their Court Barons and Court Leetes with the priviledges of basse Justice doing Justice to their Tenants for small Debts under Forty shillings correcting and overseeing the Assize of Bread and Beer Weights and Measures corrupt Victuals punishment of breach of the Peace swearing Constables making By-lawes power of administring the Oath of Allegiance Inquiries concerning Victuallers Artificers Workmen Laborers and excess of prizes of Wines c. Inquiries after Seditions Treasons c. and presenting and certifying them or any other thing that might disturb the Peace and Welfare of their King and Country and by keeping the lesser Wheels in order did contribute much to that of the greater and every one as litle and subordinate Reguli and petty Princes enjoying under their Kings and Soveraignes that which to this day as well as antiently have been called Royalties which being but pencil'd and drawn out of Regal favours and permission are in Fide Homagio deduced from those Tenures For all which free Gifts Emoluments Immunities and Priviledges they had no other Burdens or Duties incumbent upon Tenures in Capite and Knight-Service THen to go to Warr well arrayed and furnished with the King or his Lieutenant General which every Subject if he had not Lands freely given him is in duty bound to do or his mesne Lord when Warrs should happen which in a common course of Accidents may be but once or not at all in his life time and then not to tarry with him above forty dayes or less according to their proportion of Fee or Lands holden at their own charge which is a greater favor then to go along with him all the time of his Warrs and for all the time that they remain afterwards in the Camp to be at the Kings charge and to have Escuage assessed by Parliament of their own Tenants if they shall refuse to go also in person Their respit of Homage was without personall attendance discharged once in four Terms or a years space for smaller Fees proportionable to the yearly value of their Lands then three shillings four pence per Ann. which they that held a Knights Fee yearly paid to their mesne Lords for respite of suit of Court Their releif when they dyed leaving their Heirs at full age was for a whole Knights Fee but Cs. lesse most commonly then a Herriot or the price of their best Horse or beast if they had holden in Socage and when they were in Ward paid nothing for it for a Barony 100 marks and an Earldom 100l. of a Marquis 200 Marks and a Duke 200 l. The Primer seisin which though due by Law was never paid untill 4º or 5º Car. primi was like the Clergies first-Fruits according to a small moderate value a years profit if in possession and a Moyety in Reversion and so small a casualtie or revenue as in the 16th year of the Raign of his late Majestie they did but amount unto 3086 l. 9 s. 8 d. ob half farthing And the charge to the Officers of a general Livery being like to an admittance of a Tenant in a Copy-hold estate but a great deal cheaper where the Lands were under value and found but at 5l. per Ann. which most commonly was the highest rate of finding or valuation of it when it was 100l. per Annum or something more with all the Fees and requisites thereunto did not exceed 10l. and the Fine for a Livery where there was a Wardship half a years profit after a small value and so little as in 16 Car. the accompt for Liveriess was but 1316 l. 12 s. 4 d. ob farthing And where a Special Livery under the Great Seal of England was sued out with a Pardon for Alienations Intrusions c. did not with the Lord Chancellors Master of the Rolls and Master of the Wards and all other Fees included make the charge amount to more then 15 l. or 20 l. Where a Livery was not sued out as