Wigorniensis mentioned by that learned Knight Sr. Roger Twisden in his preface to the Laws of William the Conquerour published by the eminently learned Mr. Selden informs us did importune Maud the Empresse ut eis Edwardi Regis Leges observare liceret quia optimae erant That the Laws of King Edward might be observed because they were the best And when William the Conquerour ordered the Rents and Revenues of such as held of him to be paid into the Exchequer it was non simpliciter nec haeres ab hereditate nec ut ab ipso haereditas tollitur sed simul cum haereditate sub Regis custodia constitutus tempâ—râ— pupillaris aetatis Not to take away the Inheritance but to keep and educate him during his Minority For It could be no inconvenience to the publick welfare of the Nation to have the Children of the best ranck and quality for such were then the Tenants in Capite and by Knight service virtuously and nobly educated in Arts and Arms whereby to be enabled to do their Prince and Country service and their Lands and Estates in the interim to be protected and defended from Neighbour or other injuries Nor to be married to their own degree or a nobler quality when as by the means of intermarriages betwixt the Saxons Normans as between Lucia the Sister of Morchar Earl of Northumberland a Saxon and Juo Talbois a great Norman Baron and betwixt Ralph de waiet a Saxon by a British or Welch Woman Emme the Daughter of William Fitz Osbern Earl of Hereford by which he was by the Conquerour made Earl of the East Angles And many more which might be instanced their mutual discontents and animosities calming into reconciliations and friendships had the like effect as the tye and kindness of the intermarriages had not long before in King Ina's time who himself marrying with Guala a British woman his Lords and great men intermarrying with the Welch Scots their Sons also marrying with their Daughters the Nation became to be as Gens una one people in a near consociation and relation and the Norman H. 1. afterwards found it to be not unsuccessefull in his own marriage with Matilda the Daughter of Malcolm King of Scots by the Sister or Niece of Edgar Atheling of the Saxon Royal line It was no grievance when the Charter of Liberties which was the original of a great part of our after Magna Charta was granted to the people of England by K. H. 1. who is therein said omnes malas consuetudines quibus Anglia opprimebatur auferre to abolish all the evil customs with which England was oppressed when it would have been strange that Tenures in Capite and by Knight service should remain as a part of the Kings just prerogative and be so well liked of and approved consilio consensu Baronum By advice and consent of the Barons if there had been any grievance originally or naturally in them Nor so much as a Semblance of it in the reign of H. 2. when a general Inquisition was made per Angliam cui quis in servitio seculari de jure obnoxius teneretur thorough England What secular or temporal services due by Law were not performed And as little in the Parliament at Clarendon in the same Kings reign where in the presence of the King Bishops Earls Barons and Nobility facta fuit recognitio sive recordatio cujusdam partis consuetudinum libertatum Antecessorum suorum Regis viz. Henrici Avi sui aliorum quae observari debâ—bant in Regno ab omnibus teneri A recapitulation and rehearsal was made of some of the Customs and Liberties of their Ancestors and of the King that is to say of King H. 1. and others which ought of all to be observed and kept in the Kingdom in which there was nothing against the Feudal Laws or Tenures in Capite and by Knights service but many expressions and allowances of them And if otherwise it would have been something strange that the issue and posterity of those Barons should in King Johns time adventure all that could be dear or near unto them to gain the Liberties granted by H. 1. with some addition and never grudge that King the same Prerogative when as hazarding the forfeiture of their own Magna Charta of Heaven to gain a Magna Charta on Earth for their posterities They had greatly over-powered their King at Running Mede where their Armies stood in procinctu acie Facing one another Pila minantia pilis Threatning death and distruction to each other or would so willingly have hung up their Shields and Launces and returned to their peace and obedience by accepting of that Magna Charta if they had not taken it to be as much for their own defence the good of the Kingdom as it was for his nor so willingly afterwards in the reign of King Henry the 3 d. his Son have clad themselves in Steel made a Combination and bouâ—d themselves by oath one to another never to submit to a peace until they had a just performance of what his Father had granted them endured the Popes then direful Fulminations and never rested until the King himself had confirmed that Magna Charta by a most solemn oath in procession with the Bishops who with lighted Tapers in their hands anathematiz'd all the infringers thereof if Tenures in Capite and the enableing their Prince to defend them had not been a part of their own Liberties nor could they be imagined to be otherwise when as by an Act of Parliament also of that King the great Charter was to be duely read in all Counties of England and Writs and Letters were sent to all the Sheriffs of England commanding them by the oaths of twelve Knights of every County to enquire what were the antient Rights and Liberties of the People no return was ever made that Tenures in Capite and by Knight service either were or could be any obstructions to them or that so often bloodily contested and too dearly purchased Magna Charta nor was it any publique grievance when as in the Parliament of 26 H. 3 in a great contest betwixt him and the Baronage and great men of England touching his ill Government and diverse exactions and oppressions the profits which he had by his Tenures and Escheats were said to have been sufficient to have kept him from a want of mony and oppressing his Subjects Nor in Anno 42. H. 3. when the King upon those great complaints and stirres betwixt him and the then Robustious and sturdy Barons of England occasioned by his misgovernment which busied the people with Catalogues of grievances he by his Writs or Commissions appointed in every County of England Quatuour milites qui considerarent quâ—t et quantis granaminibus simpliciores a fortioribus opprimuntur et inquirent diligenter dâ— singulis quaerelis et injurijs a quocunque factis
Oath of him That he would not deal falsly with him nor with his Sons son but according to the kindnesse that he had done unto him and to the Land in which he had Sojourned And that Abraham thereupon swore which somewhat resembles our Oath of Fealty or Fidelity and took Sheep and Oxen for then Pecus was instead of pecunia which is derived a Pecude and gave unto Abimelech and both of them made a Covenant It will though as in many other matters not tending to mans Salvation which are not expressed in the sacred Story there is not so full and clear a light evidence as to intitle the holding of Land by the service of going to War to so great a Warrant or Original as that of a Scripture direction or example Notwithstanding be no wild or improbable conjecture that some such or the like obligations more than the affections good will of the people did lye upon them or their Estates not to forsake their King and Country in time of Wars and distresse the Law of Nature teaching the necessity of the Members readinesse and combination to preserve the head its well being as well as their own Estates and well beings in that of their King or Supreme Governour and every mans particular in the General when as the antient Inhabitants of the Earth or some of them at least as appears by Iacobs blessing to his Sons upon his Death-bed became Servants to Tribute and Moses by the advice of Iethro his Father-in-law did choose able men ouâ— of all Israel and made them Heads over the people and Rulers which were afterwards called Captains of thousands Rulers of hundreds fifties and tens to be as a standing and certain Militia and all the people young and old that had not rebelled with Absalom went out with David Rehoboham his Grandchild ouâ— of the two Tribes of Iudah and Benjamin could muster an hundred and fourscore thousand chosen men which were Warriors to preserve their Prince in War and defend his as well as their own Estates and that some such or the like obligations passed betwixt Solomon and Hyram King of Tyre when he gave him the twenty Cities in the Land of Gallilee And that from thence either by Tradition or Travel of Philosophers or wise men into those more knowing Countries and Regions of Palestine or Egypt where Gods chosen and peculiar people of Israel had a nearer communication with him and his Divine Illuminations or by those secret dictates and the Edicts Statutes and Decrees of the Law of Nature whereby as the Judicious and Learned Hooker saith Humane Actions are framed and the Chincks and Crannyes by which the wisdom of the Almighty that intellectual worker as Plato and Anaxagoras stiled him is wont imperceptibly to diffuse impart its impressions into the Customs and manners of men That custom now about 2293 years agoe used by Romulus in his new established City or Empire of Rome took its rise or beginning of appointing the Plebeian or common people to make choyce of whom they could out of the Patricij Senators or Eminent men to protect them in their causes or concernments in recompence or lieu whereof the Clyents were to contribute if need were to the marriages of their Daughters redeem them or their Sons when they were taken Captives in War as bearing a reverence or respect to their Lords or Patroni to the end that they might be defended by them that they should reciprocally propter beneficium the help favour received from them maintain and defend their dignity and that duty or Clientela was therefore not altogether improperly called Homagium or Homage as a Service pro beneficio prestandum for a benefit had or to be injoyed accipitur pro patrocinio protectione and taken to be as a patronage and protection insomuch as upon the Conquest or reducing of any province into their obedience they did in Clientelam se dare Romanis acknowledge a Duty or Homage either to the Senate or certain of the Nobility or great men to be their Patroni or Protectors quae necessitudo or near relations which were betwixt tâ—em id serebat saith Oldendorpius ut Clientes perpetua Patronorum protectione defenderentur ac vicissim eos omni obsequio colerent brought it so to pass that the Clyents enjoyed a constant protection of their Patrons or great men and exhibited for it a duty and obedience unto them From which kind of Customes and usages Tutandae vitae ac fortunarum omnium for the defence of life and estate veluti scintillis quibusdam caepit initium benificiariae consuetudinis quae aucta est multum propter continuam bellorum molestiam as from increasing sparkes or small beginnings that beneficial Custom taking its original which by continuance of wars and troubles was much increased another kind of Clientela was introduced though there be as Craig saith a great difference betwixt Clientela and Vassalagium qua vel dignitas vel praedium aliquod alicui datur ut et ipse istius posteri et haeredes beneficii auctorem perpetuo agnoscant et quasi pro Patrono colant ejusque caput existimationem et fortunas tueantur whereby either some dignity or lands were given to any one to the end that he and his heirs should always acknowledge the giver to be the Author of that benefit reverence and esteem him as their Patron and defend him and his life reputation and fortunes In resemblance whereof or from the eommon principle of Reason that private or particular men or their estates cannot be safe or in any good condition where the publick is either afflicted or ruined was the use or way of Tenures in Capite or Knights Service found out and approved by Kings and Emperours ut cum delectus edicitur in militiam eant vel vicarium mittant vel certum ceâ—sum domini aerario inferant that when a muster was to be made or a going to War they should either go in person or send one in their stead or pay a certain raâ—e in mony and was so antient and universal as whilst the Germans would intitle themselves to be the first of Nations introducing it the Gaules or French were so unwilling to come behind them as they indeavour out of Caesars Commentaries to make themselves the right owners of it where he saith that Eos qui opibus inter Gallos valebant multos habuisse devotos quos secum ducerunt in bello Soldarios sua lingua nuncupatos quorum haec erat conditio ut omnibus in vita commodis cum ijs fruerentur quorum amicitiae se dedissent quod si quid pervim accidisset aut cundem casum ferrent ipsi aut mortem sibi consciscerent the Gauls which were rich or had good Estates had some which were devoted unto them which followed them in the Wars in their language were called Souldiers and injoyed a livelyhood
themselves for their Allegiance to their King following of the Scripture their Consciences and the known Laws of the Land were notwithstanding their many Petitions and Importunities several years whilst their estates were Sequestred and taken from them kept in a starving Condition before they could be heard to litle purpose where Sons and too well descended to be so unworthy were invited to accuse their Loyal Aged Parents whom the Jewes would have rent their Clothes to have seen encouraged and made to be sharers in the spoyl of their Father Not like the Committee or Court improperly called at Salters-Hall for relief of Creditors against their imprisoned Debtors where some of those Judges and Committees if not wronged by printed Complaints were in good hopes to have made some preparations to sell the Debtors Lands to their Friends or Kindred at good Penniworths Nor like the Committee for Plundring rather than Plundred Ministers who to take away all the Benefices of England and Wales from the Tribe of Levi and confer them upon the Tribe of Issachar and their Factious and Mechanique guifted Brethren and keep out the Orthodox and learned Clergy could make their costly orders for the trial of them that were more Learned then themselves concerning the Grace of God and their utterance for Preaching of the Gospel with private and deceitful marks and litle close couched or interposed Letters hid or put under or over some other Letters whereby to intimate to their Subcommittees in the Countries that howsoever the men were without exception and found to be so upon Certificates and Examination they were to be delayed and sent from Post to Pillar and tired boâ—h in their Bodies and Purses and be sure never to be instituted and inducted But was a Court compos'd of grave learned knowing and worthy Masters of the Wards such as William Marquesse of Winchester William Lord Burghley and his Son the Earl of Salisbury and many other who made not the Court or any of the businesse thereof to Lacquy after their own Interest Had for Attorney Generalls of that Court who sate as men of Law and Judges therein and assistants to the Masters of the Wards Richard Onslow Esq afterwards Speaker of the House of Commons Sr. Nicholas Bacon Knight afterwards a most learned Lord keeper of the great Seal of England and a great Councellor of Estate to Queen Elizabeth Sr. Henry Hobart afterwards Lord cheif Justice of the Court of Common-pleas Sr. James Ley Knight and Baronet afterwards Lord cheif Justice of the Court of Kings Bench after that Earl of Marleborough and Lord Treasurer of England Sr. Henry Calthrop Knight Sr. Rowland Wandesford Knight and Sr. Orlando Bridgeman Kt. now Lord Chief Justice of the Court of Common pleas all very eminently learned Lawyers and of great estates honour honesty and worth in their several generations who upon any difficult or weighty matter of Law to be discussed in that Court did usually intreat the presence and had the assistance of the Lord cheif Justices Lord cheif Baron or of any of the other learned Judges of the Land whom they should please to invite unto them where a variety of learning grave deliberations a great care of Justice and right reason most lively and clearly represented have left to posterity as guides and directions for after ages those conclusions and resolutions of cases of great learning and weight in that Court reported by the Lord Dier Cook and other learned Sages of the Law Nor were the Masters of the Wards Attorneys Auditors or Escheators loosely tied by Oaths as some of the Committee Jurisdictions were when they did swear only in general faithfully according to their best skill and knowledge to discharge the trust committed to them and would not for favour or affection reward or gift or hopes of reward or gift break the same Or as little restraining them from Acts of Oppression or Injustice as the Oath of the Controlers for the sale of the Kings and Queens lands ordered by that which called it self a Parliament 17. July 1649. The Oath of the Commissioners for managing the estates of Delinquents Sequestrations at Haberdashers-Hall Ordered by no better an Authority the 15 of April 1650. or that which by that which would be called an Act of Parliament of the 10 of December 1650. for establishing an high Court of Justice within the Counties of Norfforlk Suffolk Cambridge and Huntington for the Tryal of Delinquents was only ordered was to be taken by those that were to be the Judges that they should well and truly according to the best of their skill and knowledge execute the several powers given unto them Which bound them not from doing wrong to those whom they made to bear the burdens of all the cruelties which they could possibly lay upon them But were compassed and hedged in by Oaths as warily restraining as they were legal for the Master of the Wards was by Act of Parliament enjoyned to swear to minister Justice to Rich ond Poor to the best of his cunning and power to take no gift or reward in any Case depending before him and to deliver with speed such as shall have to do before him The Attorney was sworn truely to counsel the King and the Master of the Court and with all speed and diligence to endeavour the hearing and determination indifferently of such matters and causes as shall depend before the Master of the Wards and shall not take any gift or reward in any matter or cause depending in the same Court The Auditors sworn to make a true allowance in their Offices to every person which shall be accomptant before them and not to take or recieve of Poor or Rich any gift or reward in any matter or cause depending or to be discussed in the Court but such as shall be ordinarily appertaining to their Offices and the Escheators to treat all the people in their â—ayliwicks truely and righteously to do right to every man aswell to poor as to rich do no wrong to any man neither for promise love nor hate nor no mans right disturb do nothing whereby right may be disturbed letted or delayed and shall take their Enquests in open places and not privy And might better content the people Then when in former ages the Wardships and their disposing were left to the care and order of the Chancellour as to Thomas Bâ—cket in H. 2. time or to Hubert de Burgh Chief-Justice and Earl of Kent in the Reign of H. 3. sometimes to the Treasurers or Chamberlains most comonly let to farm by Escheators sometimes by under-Sherifs or when the next Wardships or Escheats that should happen were before hand assigned towards the payment of some of the Kings Debts as to William de Valence Earl of Pembroke in the Reign of E. 1. or that the Wardships and Escheats which should happen in 6 or 7. Counties were before hand granted to some particular man And can
Officers of the Bench made in the second year of the King Nor was there so much as an Apprehension of any evil in them in the Parliament of 4 H. 4. where the Commons pray that The Act of Parliament of the 1 of E. 3. that none shall be distrained to go out of their Counties but only for the Cause of necessity of suddain coming of strange Enemies into the Realm and the Statute made in the 18 th year of the Reign of the said King That men of Armes Hoblers and Archers chosen to go in the Kings Service out of England shall be at the Kings wages from the day that they do depart out of the Counties where they were chosen and also that the Statute made in the 25 th year of the Raign of the said King that none be compelled to find Men of Arms Hoblers nor Archers other than those which hold by such services unlesse it be by common assent and grant made in Parliament be firmly holden and kept in all points it was upon the granting of their desires and an Act of Parliament made for that purposâ— as the Declaration of the Lords and Commons in Parliament against the Kings Commission of Array in an 1642 mentioneth especially provided that by force or colour of the said supplication nor of any Statute thereupon to be made the Lords nor any other that have Lands or Possessions in the Counties of Wales or in the Marches thereof shall in no wise be excused of their Services and Devoires due of their said Lands and Possessions nor of any other Devoier or things whereunto they or any of them be especially bound to the King though that the same Lords and others have other Lands and Possessions within the Realm of England nor that the Lords or other of what Estate or Condition soever they be that hold by Esâ—uage or other Services due to the King any Lands and Possessions within the said Realm be no way excused to do their Services and Devoirs due of the said Lands and Possessions nor that the Lords Knights Esquires nor other Persons of what Estate or Condition they be which hold and have of the Grant or Confirmation of the King Lands Possessions Fees Annuities Pensions or other yearly profits be not excused to do their Services to the King in such manner as they are bound because of the Lands Possessions Fees Annuities Pensions or Profits afâ—resaid And might challenge their quietus est or Proclamation of acquittall when there were no complaints made against them in the former ages when there were so many Taxes laid upon Knights Fees as 20 shillings then a great sum of money as much almost as 20 markes is now upon every Knights Fee imposed by King R. 1. toward his ransome 26 s. 8 d. upon every Knights Fee by King Iohn and another also of the same sum towards his expedition into Wales 20 s. upon every Knights Fee towards his Charges in Normandy an Escuage of 20 s. upon every Knights Fee to be paid the one half at Easter and the other at Michaelmas besides the Escuage which he had upon the marriage of his Sister Isabel to the Emperor Frederick two Escuages imposed by H. 3. and an Escuage upon the marriage of his Daughter the Lady Margaret to Alexander King of Scots 20 s. of every Knights Fee by H. 4. the many services in person done by those which held in capite and Knights Service in forinseco servitio in all the expeditions and Wars in France from the time of the Norman Conquest to the end of the Raign of E. 4. and at home in the Wars betwixt England and Wales and betwixt England and the Scots where very many Inhabitants of the Counties of Cumberland Westmeâ—land and Northumberland that held by Cornage a kind of Knight Service to blow a horn upon the invasion or incursion of the Scots and to help to repell them and had their Lands sometimes at the Will of the Lords conferred and given to the younger and more lusty Sons who were able to undergo that service could before King James his accession to the Crown of England the pacification of the English and Scottish hostilities placing them under one obedience scarce rest in their beds by reason of the Scots sudain or nightly alarmes and depredations driving or stealing their Cattell and spoiling all that they had And in all the troubles of England before and since the Barons Wars upon any Rebellions and inquietudes of the people when those that held by Knight service were frequently and hastily summoned to come to the King cum Equis Armis and the great charges trouble hazard and expences which the Lords Mâ—sne were put unto by Assessements of Escuage and otherwise And that immediately upon the death of the Kings Tenants in capite by Knight Service the Escheators did usually seise not only the Lands of the greatest of the Nobility Gentry and meaner men But the Stock and Cattell upon their grounds and the Goods in their Houses insomuch as their Executors were many times constrained to Petition and obtain the Kings Writs and Allowance to have the Stock and personal Estate delivered unto them And yet no complaints made at all against those Tenures or necessary defences of the Kingdome nor against Tenures by grand or Petit Serjeanty in the thirty confirmations of our Magna Charta upon as often Breaches to be supposed of it Never complained off in the making of thirty six Acts of Parliament concerning Wardships and Tenures in the several times and Ages from 8 H. 3. to this present nor at the making of the Act of Parliament in 32 H. 8. for the erection of the Court of Wards Nor in so many thousand Petitions which have been in 186. several Parliaments for almost four hundred years last past or before 9 H. 3. or ever since this nation could remember any thing either in our Parliaments Micel-gemots Wittena-gemots conventus sapientum or Magna Concilia where all the Grievances and Complaints of the people not to be remedied else where came as to the Pool of Bethesda for help and relief and wherein if any in some one or more Parliaments should so much neglect their duty and the more than ordinary business and concernments of their Kings themselves and Countries with which they were intrusted and to which their Oaths of Allegiance if nothing else must needs be their Monitors it cannot without a supposition and belief which will never be able to find entertainment in any rational mans understanding be imagined that the whole Nation for so many Ages past and in so many Assemblies of those that should be the Sons of Wisdome should be bound up under such a fate of Stupidity or Ignorance as to represent those that were sick and not know of it or that all or any of them should propter imbecillitatem vel pernegligentiam by a to be pitied weakness or negligence not either seek or
example of Magistracy put any grievance upon the people when as in the re-building of Ierusalem and to repell the Enemies and hinderers thereof there being as much necessity to defend a City or Commonwealth after it is built or established as it can be in the building framing or repairing of it he ordered the one half of the servants to work and the other to hold the Spears the shields Bows and Habergeons and every one of the builders had his Sword girded by his side and the Nobles were appointed when the Trumpeter should sound that stood by Nehemiah because they were separated one from another to resort thither unto him upon occasion of â—ight or danger and did after their work finished cause the Rulers of the people to dwell at Jerusalem and out of the rest of the people by lot to bring one of every Tribe to inhabit and dwell in there such as were valiant or mighty men of valour and had for overseers the principal and most eminent men and Zabdiel the Son of one of the mighty men David did not turn aside from God nor bind heavy burdens upon the people because he had mighty men about him and that Joshebbassebet the Tachmonite sate like a Constable or Marshal of England chief amongst the Captains nor did Solomon bruise the broken Reeds because he had many Princes and great Officers under him as Benajah the Son of Jehoiada who served his Father David and was Captain over his Guard was over the Host Azariah the Son of Nathan over the Officers like as in England a Lord great Chamberlain or Lord Chamberlain of the Kings Houshold Zabud the Son of Nathan Principal Officer and Aâ—ishar as a Treasurer or Comptrouler over the Houshold none of which could take it for any injury to enjoy those great Offices and places during the Kings pleasure but would have esteemed it to have been a greater favour if they had a grant for life and most of all and not to be complained of to have it to them and to their Heirs or after Generations for that all good things and blessings by a natural propension and custom amongst the Sons of men are very desireable to be continued and transmitted to posterity and the sacred Volumes have told us that it is a reward of wisdom and vertue to stand before Princes Nor was it any dishonour to the men of Judah and people of Israel that the Queen of Sheba wondring even to astonishment at the Attendance of Solomons Servants and Ministers and his Cup bearers or Butlers as the Margin reads it pronounced them happy that stood continually before him Or to the Subjects of Ahasuerus who reigned from India to Ethiopia over an hundred and seventeen Provinces that besides his seven Chamberlains or Officers of honour he had the seven Princes of Persia and Media which saw the Kings face and sate the first in the Kingdom Nor any to our heretofore happy Nation enjoying in a long Series and tract of time an envied peace and plenty under famous and glorious Kings and Princes that they did give Places Castles Mannors and Lands of great yearly values to certain great and well-deserving men and their Heirs to serve in great Imployments Solemnities and Managements of State-affairs to the honour of their Soveraigns and the good safety of the People in the Offices of great Chamberlain high Steward Constable or Marshal of England chief Butler of England and the like For when the guift of the Land it self was a great kindness it must needs be a greater to have an honourable Office Imployment annexed to it that an act of bounty done by a Prince in giving the Land should oblige the claim or receiving a far greater in the executing of that Office or Attendance which belonged to it And could have nothing of affinity to a burden when as besides the original guift of the Lands which were very considerable and to be valued many of those personal services by grand Serjeanty were not unprofitable or without the addition or accession of other Bounties and Priviledges as the guift to the Lord great Chamberlain of forty yards of Crimson Velvet for his Robes upon the Coronation day the Bed and furniture that the King lay in the night before the silver Bason and Ewer when he washed his hands with the Towels and Linnens c. The Earl Marshal to have the granting of the Marshals and Ushers in the Courts of Exchecquer and Common Pleas with many other guifts and Priviledges and Dymock who holds some of his Lands by the service of being the Kings Champion and to come upon the Coronation day into Westminster-Hall on Horse-back compleatly armed and defie or bid battel to any that shall deny him to be rightful King of England is to have the Kings best Horse and were not in the least any charge to the people or laid upon them as Cromwel did the stipends of his mock Lords or Officers of his imaginary Magnificence to be paid out of the publick Purse or Taxes as were the self created Lords of his Counsel who had 1000 l. per an for advising him how to fool the people build up himself by the wickedness of some and ruines of all the rest or as the Lord so called Pickering or Chamberlain of his Houshold and the quondam would be Lord Philip Jones who was called the Comptrouler of his Household had to buy them white staves to cause the people to make way and gape upon them No Prejudice to the Common-wealth that the Beauchamps Earls of Warwick did hold Land by right of inheritance to be Panterer at the Kings Coronation and to bear the 3 Sword before him the Duke of Lancaster before that Dutchy came again into the possession of the Kings of England to bear before him the sword called Curtana or the Earls of Derby as Kings of the Isle of Man to bear before the King at his Coronation the Sword called Lancaster which Henry the 4 th did wear when he returned from exile into England or for the Earl of Arundel to be chief Butler of England the day of the Coronation No disfranchisement to the City of London that some Citizens of London chosen forth by the City served in the Hall at the Kings Coronation assistants to the Lord chief Butler whilst the King sits at Dinner the day of his Coronation and when he enters into his Chamber after Dinner and calls for Wine the Lord Mayor of London is to bring him a Cup of Gold with Wine and have the Cup afterwards given to him together with the Cup that containes water to allay the Wine and that after the King hath drunck the said Lord Mayor and the Aldermen of London are to have their Table to Dine at on the left hand of the King in the Hall Or to the Barons of the Cinque Ports who claim are allowed to bear at the Kings Coronation a Canopy â—f cloth
of Gold over him with four Staves and four Bells at the four corners every Staff having four of those Barons to bear it Also to Dine and sit at the Table next to the King on his right hand in the Hall the day of his Coronation And for their Fees to have the said Canopy of Gold with the Bells and Staves Or that at the Coronation of Eliâ—nor Wife to King Henry the third Marchiones de Marchia Walliae videlicet Joannes filius Alani Radulphus de mâ—râ—uo mari Joannes de Monmouth et Walterus de Clifford nomine Marchiae jus Marchiae esse dicebant hastas argenteas inveniendi et las deferendi ad sustentandum pannum Sericum quadratum purpureum in Coronatione Regum et Reginarum Angliae The Lords Marchers of Wales videl Iohn Fitz Alan Rafe de Mortimer Iohn de Monmouth and Walter de Clifford in behalf of the Marches did claim and alleage it to be their right to provide silver Spears or Launces and with them to bear or carry a four square Canopy of Purple Silk over the Kings and Queens of England at their Coronation For those Tenures in grand serjeanty were ever as in all reason they deserved to be accompted to be so honourable as some have made it their Sir-name as the noble Earls of Ormond in Ireland descended from an antient and worthy English Family have done who carry in their Coat of Armes or part of their now marks of honour or bearing the Symbols or remembrance of the Office of cheif Butler in Ireland which with the prisage which is a part of it hath by King E. the 3 d. been granted to the Ancestors of the now Marquesse Earl of Ormond by Inheritance and a Knightly and good Family of the Chamberlaines in England do account it no dishonour to have been descended from thâ— Earls of Tankervile who were Chamberlains to our King H. 1. in Normandy And some branches of the noble Family of the Grey's of Wilton being antient Barons of England holding the Mannor of Waddon in Buckinghamshire of the King per servitium custodiendi unum Gerfalconem Domini Regis by the service of keeping a Gerfalcon of the Kings do use or bear as a badge or marque of honour in their Armes a Gerfaulcon the Mannor of Wymondley in the County of Hertford being holden of the King by Grand serjeanty of giving to the King the first Cup of Wine or Beer upon the day of his Coronation The Family of Argentons being by the marriage of a Daughter and Heir of the Lord Fitz Tece become at the Conquest the possessors of it have thought it honourable saith Camden to bear in their Shields in memory thereof three Cups argent in a feild Gules No oppression to the people of England to be kept safe in their peace and plenty from the Incursions of Foreign Enemies when William the Conquerour fortified Dover a strong and principal Bulwark betwixt England and France with whom we had then continual Wars or Jealousies and gave to Iohn Fines then a Noble Man of great prowesse and fidelity the Custody of that and the rest of the Cinque-Ports with 56 Knights Fees willing him as that Learned Antiquary Mr. Lambard tells us to communicate some parts of that gift to such other valiant and trusty persons as he should best like of for the more sure conservation of that most noble and precious Fort and Castle Who thereupon imparting liberally out of those Lands to eight worthy Knights viz. William of Albrance Fulbert of Dover William Arsick Geffery Peverel William Mainemouth Robert Porthe Robert Crevequer and Adam Fitz-Williams bound them and their Heirs by Tenure of their Lands received of the King to maintain 112 Souldiers amongst them which were so devided by Months of the years as five and twenty of them were continually to watch and ward within the Castle for their several parts of time and all the rest ready upon necessity each of which eight Knights had their several Charges in several Towers and Bulwarks and were contented as well they might at their own dispence to maintain and repair the same Of whom diverse of the Towers and Bulwarks do yet or did but in Queen Elizabeths reign bear their names No inconvenience or mischief to the publique that the Castle and Barony of Abergavenny in Monmouthshire was holden by John Hastings per Homâ—gâ—â—m Wardam Maritagium cum accideâ—it sâ— guerra fuerit inter Regem Angliae Principem Walliae deberet custodire patriam de Over went sumptibus proprijs meliori modo quo poterit pro commodo suo utilitate Regis defensione Regni Angliae by Homage Ward and Marriage when it should happen and if War should be between the King of England and the Prince of Wales was to guard at his own charges the Country called Over went the best way that he could for his profit and benefit of the King and defence of the Kingdom of England No cause of complaint to the Town or antiently called City of Leicester for that veteri Instituto by antient Custom they were to furnish the King with twelve Burgesses or Townsmen when he went to War and iâ— per Mare in Hostes ibat mittebant quatuor Equos usque Londinum ad arma comportanda vel alia quae opus essent he went by Sea were to send four Horses as far as London to carry his Arms or other necessaries Nor to the Town of Warwick to be enjoyned by Tenure to send twelve of their Burgesses or Towns-men with their King to War and qui monitus non ibat centum solidos Regi emendabat he which was summoned and did not go was to forfeit pay one hundred shillings to the King And cum contra Hostes per Mare ibat Rex quatuor Botesuenas vel quatuor libras denariorum mittebant when the King should bo by Sea against his Enemies should furnish four Boat-Swains or Marriners or send four pounds in money No harm done to give Lands at Seaton which Sr. Richard Rockslye Knight did hold by Serjeanty to be vantrarius Regis the Kings fore-footman when he went into Gascoigne donec per usus fuit parisolutarum precij 4d untill he had worn out a pair of Shoes of four pence then the price of a pair of Shooes for a worthy man not 4 s. 6. or 5 s. as they are now Or Lands to another to furnish duos Aâ—migeros two Esquires to march in his Vant-Guard upon occasion of War with the Welch Or that the Princes of Wales ab antiquis temporibus very antiently did hold that Principality and part of Brittain of the Kings of England in Capite by Military or Knight Service and that upon that ground only as he was a leige man and subject of England Leoline Prince of Wales was for raising of War against his Superior Lord imprisoned and hanged or beheaded by King E. 1. and the Principality of Wales
Seisins and Liveries and all other incidents belonging to the Tenures in Capite and by Knight Service be reserved and continued to the King and Mesne Lords and the Mariages of the Wards be put to a just apportionment and rate not to boxing or bidding with every pretender or such as shall be procured on purpose and was thought by the Sons of Rapine to be a parcel of godliness according to two years present value of the Estate and a moderate Rate or Rent for the Lands And if that they do not like to sue or be sued in that Court may do it either in the Exchequer or Chancery and try which of those Courts they shall like the better There being no Reason to be shown why Wardships Rents and Marriage Money should not be paid as quietly or without the Noise or Clamour of Oppressioon by some orderly Course to be taken in the collecting of it as the first Fruits of Arch-bishoppricks Bishoppricks and all the Clergyes Benefices which was at first derived from the Popes Usurpations and afterwards setled in the Crown or as the Tenths of all the Monasteryes and Religious Lands which by Act of Parliament were setled in the Crown for the Support and Maintenance thereof And now all the Lines are come in and meet in one Center we may aske the Days that are past and demand of the Sons of Novelty how it should happen or where the Invisible Cause or Reason lurketh that a People at least too many of them not long agoe covenanting whether his late Majesty would or no to preserve his Honor Rights and Iurisdâ—ctions and calling God to witness that they had no Intention to diminish them should presse or perswade the King to part with the vitals of his Regalitie or let out the blood thereof to take in water instead of it which that learned John Earl of Bristol who in his many Travails and Embassies to forrein Princes had observed the several Strengths Policyes and defects of Governments of all the Kings and Princes of Christendom could think no otherwise of that high and just Prerogative of Kings then that to discharge the Tenures in Capite would be consequently to discharge them of their Service to the Crown When as their can be neither Cause nor Reason to make any such Demands and that all the Lords of Mannors in England who may already find the Inconveniences of making too many small sized Freeholders and I wish the Kingdom may not feel it in the Elections of Parliament men and Knights of the Shire as well as it doth already by the Faction and Ignorance of such as choose Burgesses in Towns and Corporations who many times choose without eyes ears or understanding would not be well content to have the many perplexed and tedious Suits at Law betwixt them and their troublesome Tenants about Customs and Fines incertain which in every year do vex and trouble the Courts in Westminster Hall or that which the late feavorish Fancies of some would call Norman Slaveryes should be either a Cause that they must be forced or over intreated to part with their Copy-hold Estates Herryots Fines for Alienations and all other Incidents thereunto belonging or that it would be a good Bargain to have no Compensation or Recompence at all for them or no more than after the Rate of what might Communibus Annis one year with another be made of them Whenas to have the intended Recompence for the Court of Wards paid as is now proposed by a part of the Excise or Curses of the People or to have the poor bear the burden of the rich or those to bear the Burden of it which are not at all concerned in any such purchase or Alteration and will be an Act which can have no more Justice or Equity in it then that the payment of First-Fruits which is merely Ecclesiastical should be distributed and charged for ever upon the Layety and the other part of the People as well as the Clergy That the Tenths which the Layety and some of the Clergy do now contentedly pay should be communicated and laid upon all the Kingdom in general in a perpetuity That the draining or maintaining the Banks and Sluces and Misfortunes many times of the Fenns in Lincolnshire and other particular Places should be charged upon the Estaâ—es of all the men in England that could not be concerned either in profit losse or Dâ—nger Or that in the enclosing of Commons or in Deafforrestations the Commoners should have their Compensation paid by all men in City Town and Country for that which was not 〈…〉 nor was ever like to be any Gain or Aâ—vaâ—tage to them Or that the losses of Merchants by Shipwâ—acks Pirates or letters of Reprisal should be repaired and born by all the rest of the people that went no partnership or gain with them Or which way the people of England should think it to be for their good or safety that as it was in the dayes of Saul there should not be a Sword or Spear in Israel that the Lords of England whose great Auncestors helped to maintain all our Liberties being in Parliament in the 20 th year of King H. 3. pressed by the Bishops to Enact that Children born before Matrimony when their Parents after married should be legitimate answered Nolumus mutare Leges Angliae we will not change the Lawes of England should not take the overturning so many of the Fundamental Lawes and Liberties of the Kingdome to be the ruine or destruction of it to be of a greater concernment And that the King will not think it to be a most Christian as well as an Heroick answer of John King of France when he was a Prisoner in England to our King E. 3. and was denied his Liberty unless he would amongst other things doe Homage for the Realm of France and acknowledge to hold it of England That he must not speak to him of that which he neither ought nor would doe to Alienate a Right Inalienable that he was resolved at what price soever to leave it to his Children as he had received it from his Auncestors that affliction might well ingage his person but not the inviolable right of the Crown where he had the honour to be born over which neither Prison nor Death had any power and especially in him who should hold his life well employed sacrificing it for the Immortal preservation of France And that the people of England should not rather imitate the wisdome as well as goodness of the Elders of Israel when as Benhadad not content with Ahabs Homage had demanded unreasonable things of him Say unto the King hearken not unto him nor consent But remember that it was their fore-Fathers which in a Parliament of King E. 3. holden in the 42 th year of his raign declared that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crown to which they were sworn