the use of the King and Queen and the Heirs and Successors of the Queen which Fine shall be estreated into the Exchequer by the said Persons so authorized under their Seals within two Months after such Agreement and afterwards levied as Fines assessed by Justices of Assize and Gaol delivery in their Circuits This Statute must be concluded to extend to the Person himself whom we will call a Finder for it cannot be supposed that a Servant riding his Master's Horse or an Hireling representing a Freeholder is capable of Compounding for 40 l. There are several material Instances in this Act which are to be view'd at leisure and at large which neither Time nor Room will admit of now Therefore I only recite these two Instances First Offences committed during the time of Service shall be heard and determined by the Chief Commander Secondly This Act shall not discharge Service of War incident to the Tenure of Land This brings me to the Recital of Tenures heretofore which have been these Knights Service Villenage Escuage Wardship and several others which are described in several Volumes of Antiquity which are an obsolete Reading tho divertive yet not to be brought within the compass of a Pamphlet or Vade mecum But upon this occasion of comparing former Ages with the present they are really necessary therefore I request here to recite their Efficacy Knights Service obliged to attend the King when in Arms either at home or abroad He that held Land in a whole Knights Fee was obliged to attend the King forty days well and conveniently array'd for the War If he had two or three Knights Fees his times were to be increased accordingly If half a Knights Fee twenty days c. pro rata Villenage was upon the seeming present sort of Yeomanry who were to take care of the Liege-Lords Lands in Demeane as we say for Plowing and all Husbandry besides fetching his Coals Materials for Buildings or such Services he should be call'd to which in short did not allow him any time for him to say he was Master of especially during the War Escuage seems to mitigate this Rigour for Escuage according to my apprehension was either to go in Person as above in Knights Service or Commute as we say now commonly Compound by paying a Sum pro. rata according as the Land he possesses Knight's Fee 2,3 or half One. A Ward I shall not describe because under Age and not fit to march under Mars's Banner yet the coercive Power to serve under Venus seemed a greater Grievance to the Subject for under the one you could dye but once under the other you might live 60 Years in daily Torment each minute worse than Death For Marriage was ost-times directed like or not like as the Guardian thought fit This last or any of the former when really considered I stood amaz'd at the Health to old England and the more now because some Gentlemen I have met with lately who I thought had read more than my self have laught at my Desires for a Definition of old England If these Four Instances may be look'd upon as Members of the Body Politick in former times I desire to be pardon'd if I say this Monarchical Power was as Despotical as any Monarchy in Christendom it 's confest it did not extend to Life but it had the Privilege of the first Night with the Bride which yet in some places pays a Composition and is called Gava More Instances of this kind might be brought even from Magna Charta her self 31. If a Barony escheat to the King the Tenants that hold of the same not having other Lands that hold of the King in chief shall pay like Relief and do like Services to the King after such Escheat as they did to their former Lords c. 32. No Freeman shall give or sell so much of his Land that of the residue the Lord of the Fee may not have Services due to him It 's confess'd several little Rents are remaining to keep in mind the Services the Generality of the People underwent formerly which certainly are not to be wished for under the honourable and happy Character of old England has been under hard Services since Magna Charta which was obtain'd by popular Sway what did she endure or undergo before Magna Charta gain'd I would willingly joyn issue and pledg their Health if they only recite the Honour and Courage of old England which appear'd demonstrated and effected their great Exploits by those Services which do clearly evidence that the Nobility and Gentry going personally into the Field do defend and conquer with Honour and Advantage like our present King and like the antient Romans who whilst they went in person conquer'd for the most part But when they had enlarg'd their dominions and rais'd as they thought an immortal Terrour Honour and Character they became effeminate and made use of mercenary Armies and declin'd the Use of Arms themselves So that in process of time they waving the general Good set up for deep Politicians and by seperate Insinuations obtain'd Popularity and so fell into domestick Quarrels till there 's nothing remaining more than some of their Statues Medals and Histories to demonstrate what they have been I only hint at this Precedent with some of our own to demonstrate the Advantages of Personal Appearance It was by this means that the Scots were so oft repulsed when they made Incursions upon us By these means Wales was brought to an entire Obedience and Union By these means Ireland became tributary By these means it was the English made In roads into France to such a degree we claim it as our Conquest And the Name of Talbot remains as a Terrour But we have lost that Power by a long series of Peace in Queen Elizabeths days and King James's for after she had happily defeated the Spanish Armado she did it 's confess'd set up and went a great way in the Dominion of the Narrow Seas and soon after rested her self contented with Familiarities and pretty Insinuations into her People whose Steps King James I. followed for he had such an Aversion to Gun powder he smelt it at a great Distance and so being a Man of Literature he convers'd with Scholasticks and did go a great way towards arguing out Popery which made the subtle Jesuit go another way to work and dress himself in a Fanatical Disguise under which it 's doubted he still lurks amongst us however it s sadly experienc'd that the Jesuit was the Bellows that blew up the late Civil War and that altho he could not insinuate himself into the majority of the Nobility and Gentry so as to alienate them from their Duty to their King yet he knew what I have several times heard recited as the Original of an English Gentleman or two That the only means to counter Honour is Zeal And so we found that the Enthusiastick Head and hard Hand incouraging the unthinking Mobb at that time with