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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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8. suppose it to be a good provision for his Daughter Elizabeth Clifford to devise to her by his last Will and Testament one thousand pounds if shee married an Earle which in those dayes were men of no small revenues or an Earles sonne and heire 1000 marks if a Baron and 800 marks if a Knight and that Henry Lord Clifford his sonne did in the 12th or 13th year of the raign of Queen Eliz. give by his Will but 2000 l. to his Daughter if shee married an Earl or an Earls son and heir 2000 marks if a Baron or his son and heire apparent and 800 marks if shee married a Knight and that 1500 or 2000 or 3000 l. is now but an ordinary Portion to be given in marriage to rich yeomens sonnes or the smaller sort of Gentry or Silkmen Mercers or Drapers and a great deale too litle for those kind of Haggard Hawks for there be some though not so many as should be which live soberly and chastly and are helpers to preserve and increase not spend their husbands estates aswell as their owne Portions who fly Steeple high and cannot by any law or perswasion of Scripture Reason Shame or feare of Poverty Imprisonment and ruine of their husbands children and their sighs sorrows be brought to stoop or give way to any lower pitch but are more destructive to a husband who against his will and for that little quiet and content which he can get must permit it then the mischances of a Rot of Sheep Piracies or Shipwracks the sea breaking in upon their Landes ruine of Sequestrations or Suretyship and if they might have their wills are able to Bankrupt and exhaust the King of Spain and all his West-Indies When too many of the young women will not like or love the men unless they be as vain and expensive as themselvs and the men to please the women be fashionable must run a vie with them who shall soonest spend all they have or can by any sinfull courses compass a support or maintenance for it And the fathers most commonly so much indebted before they marry their eldest sons as they must have their marriage Portions to marry their Daughters and for 2 or 3000 l. Portion make his Daughter in law a Joynture of 4 or 500 l. per Annum to free her from the trouble of over-loveing her husband when as shee shall be after his death so well provided to get another When two or three servants wages amount to as much as six heretofore and a great deale more per Annum then would have made a good Gentlemans younger sonne an Annuity when great Assessments beleaguer them on one side and their own vices and prodigalities and all manner of costly sins and vanities now so universally practised on the other side Tradesmen use false weights and measures and more then formerly tricks and mysteries of Trade adulterating their work and commodities and raiseing the prices to three times more then heretofore and by the prodigality and carelesness of not a few of the Gentry creep into their estates and get too great a footing in it by furnishing them with vanities and the country men and Farmers to maintain their growing pride and excesse making all the haste they can to imitate them do heighten the rates of all that they sell and when the foundations of our Little World which was wont to be the best of the Greater are broken up and most part of the people eccentrick and running into excess and disorder when the Apprentices and Servants will do all they can to live like Gentlemen the Mechanicks like Merchants the Gentry as high as the Nobility the Maids will be apparelled like their Mistresses the Mistresses as farr beyond their estates as their wits Vintners Woodmongers wives Poulterers daughters must have Pearl Neck-laces of great prizes and all ranks and degrees of people would as if they had been chosen Kings Queens on Twelfth nights make it their business to be in their expences Kings and Queens all the year after do not only consume and waste the estates of very many of our Gentry and disable them to pay as formerly their necessary Aids Contributions and Oblations to their Prince for the safety of themselves and their Countries but carry them and all that follow their example beyond an Asiatica luxus that forreign luxury of Asia which as Juvenal saith incubuit victumque ulciscitur orbem Conquered and undid the conquering Rome and Mistress of the word the abuse of peace and plenty which the Lydians by the policy of Cyrus did ruine and subdue themselvs withall that height of pride and plenty which in Germany did help to procure their after wofull warrs and desolations And making us to be almost as mad in our Luxuries as the ridiculous Sybarites will suddenly if Gods mercy and good Laws prevent not make poor England which for Twenty yeares last past hath been kicked tost and torn like a Foot-ball by the pocketing and plundering Reformers and their ungodly Warrs to be a Burden to it self and not able to support the Excesses and pride of the people of it but trembling at the apprehension of Gods long deferred Judgments for the punishment of it groan under the burden of those sins which do every day more and more hasten and draw them down upon us And may perswade us when it is too late that the saving in these last Twenty yeares Eighteen hundred thousand pounds which would have been paid to King Charls the First and his Majesty that now is by reason of Wardships and Tenures in Capite and by Knight-Service with many other great summs of money due to them out of their Royal Revenues amounting to as much or a great deal more which the King in his largely extended Act of Oblivion is now pleased to remit and pardon will not by a Tenth part make the people of England savers for what was lost and expended in the Warrs by ruines and plundrings besides very near Forty millions of sterling money spent in publick Taxes and Assessments to purchase an unhappy Rebellion and the sad effects and consequences of it So that our Complaints of Tenures in Capite and Knight-Service are from a Non causa by imagining that to be a cause which was not for our supposed grievances are but like those of hurt and wounded men by their own follies and distempers which cannot endure the softest hand or most gentle touch of a Friend Tenterden Steeple was not the cause of Goodwin Sands nor of Shipwracks at Sea but the rage of the Windes Seas and the Waves and Billows cuffing each other Nor is our ever welcome Youth and lamented when it is lost the cause of Gouts Palsies Dropsies Hectick Fevers Consumptions and many times a worser Disease which the Intemperances of young people with no little charge in the purchase of them have hired to be their attendants But they are our more then ordinary
Principal Flower of the Crown which being not used to be made-up or grow out of Grievances Cannot be disparaged by those clamours and crys which have more then needed been made concerning the Earl of Downes concealed Wardship and the inconveniences arising thereby which did not the tenth part of that prejudice to his Revenue and Estate which his prodigality and other Extravagancies afterwards brought upon it and might how soever have been prevented if his mother in law or any other of his friends upon the several Requests of the Master of the Court of Wards and the Officers of that Court would have petitioned and compounded for his Wardship and not have made those many Traverses and Denyals in those many Suits of Law and pursuits which were afterwards made to compell them to it Nor will that or any other which are pretended grievances be ever equal or come up to those farr exceeding real and certain grievances which too many of the Fathers in law of England into whose hands and custody most of the Wardships or Guardianships are endeavored to be more then formerly put will if those Tenures shall be taken away bring upon fatherless children and will in a short time do more harm to the childrens Estates of the first husband then ever yet happened by Wardships to the King and mesne Lords Which the case of one that twelve years ago had the Revenue of an Infant amounting unto above 700l. per Annum charged with no more then 1000 l. debt and a great personal Estate committed to his Trust hath to this day paid none or a very small part of it but keeps the Rents and profits allowing a small exhibition to the Infant to his own advantage Of another that hath sold and wasted Woods and Timber of a Minors to the value of Ten Thousand pounds sterling And many more sad deplorable Experiments which abundantly induce to believe as well as lament them are not to be found in those well-ordered easie way of the Grants and Dispositions of Wardships which happened by Tenures in Capite by Knight-Service Which may appear to be the better established upon greater grounds of Law right Reason Justice and Equity when as many of the Lords of Manors and Copy-hold Estates who do now enjoy by those Tenures many Rights Seignories and commands with view of Frank-pledge Deodands Felons Goods Wrecks Goods of Out-lawed persons and retorna Brevium granted and imparted to their Ancestors by the bounty and favor of his Majesties Royal Progenitors who did not think it to be a grievance to have Abby or religious Lands which were freely given or cheaply granted to them held in Capite and by Knight-Service though there were at the same time a Tenth of the then true yearly value reserved would not upon the pretence and clamours of some Copy-holders concerning Fines incertain and the rigours and high demands put upon them by some Lords of Manors who have 5 or 600 Copy-holders in some Manors belonging unto them and can ask 13 s. 4 d. per Acre for some Lands and 10 s. per Acre for others to permit them to take their Estates hereafter at a reasonable Fine certain and whether poor or rich indebted or not indebted and charged with children or not will seise their Herriots and take as much as they can get upon the admissions of the Heir or the out cries against the many costly and vexatious Suits which have tired Westminster-Hall and some Parliaments concerning Fines incertain be well contented That their power of rating and taking Fines should be restrained or that they should be ordered upon the admittances of their Copy-hold Tenants by Act of Parliament to permit their Tenants without such Fines as they usually take to surrender and alien two parts in three for the advancement of their Wives payment of debts or preferment of Children as the Kings of England and mesne Lords have limited themselves or should be tyed upon the death of every Tenant and admission of his Heir as King James was pleased to limit him and his Heirs and Successors That upon consideration of Circumstances which may happen in assessing Fines either by reason of the broken Estate of the deceased want of provision for his wife his great charge of children unprovided for infirmity or tenderness of the Heir incertainty of the Title or greatness of Incumberances upon the Lands there shall be as those or any other the bike Considerations shall offer themselvs used that good discretion and conscience which shall be fit in mitigating or abating Fines or Rents to the relief of such necessities Or to release and quit all their Royalties in their Manors nor would think it a good bargain to have no Compensation or Recompence at all for them or no more then after the rate of what might Communibus Annis one year with another be made of them or that they could with justice and equity lay the burdens and payments of the Copy-holders upon the Free-holders and Cotagers Which if they do not now take to be reasonable in their own cases may certainly give every man to understand how little reason there will be to take away the dependencies and benefits by Tenures in Capite and Knight-Service holden of the King and mesne Lords Or to abridge the King of that harmeless power never before denyed to any of his Ancestors to create Tenures in Capite and by Knight service or in grand Serjeanty for the defence and honour of the Kingdom upon new Grants of Lands or Favours especially when ●s His Majesty that now is did by His Declaration of the thirtieth of November last concerning the establishing and quieting the Government in the Kingdom of Ireland which hath been since very much liked and approved by the Parliament of that Nation insert a Saving of the Tenures of the Mesne Lords and ordained Tenures in Capite and by Knight-Service upon the Lands which shall be set out to the Souldiery for their Arrears Or that Tenures in Capite not by Knight-Service with all petit Serjeanties which as Sir Edward Coke saith is a Tenure as of the Crown that is as he is King and the Profits and Reservations upon them which if well gathered would make some addition to the Royal Revenue should by the pattern of Olivers so called Act of Parliament be taken away when there are no Wardships incident thereunto and that aid to make the Kings eldest Son a Knight or marry his eldest Daughter should be taken away in the Capite and Knight-Service Tenures and left to remain in the former Socage Tenures or how little it will be for the good of the people if the intended Act of Parliament shall order the Tenures in Capite by Socage to pay double their former quit Rents or other Rents or Incidents belonging thereunto or to pay for a Relief double their petit Serjeanties or other Duties reserved When as Tenures in Capite and by Knight-Service