Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	high_a	king_n	treason_n	3,672	5	9.5249	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54686	Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps.	Philipps, Fabian, 1601-1690.	1686 (1686)	Wing P2007; ESTC R26209	602,058	710

restored to them Besides they declared to the Legat That they had irreverently ejected out of the Kingdom the Bishops of Winchester London and Chester whereby the Councell of the Kingdom was in great part weakned willed that they might be restored to their Lands without Redemption that the Provisions of Oxford might be observed and that they might have Hostages delivered unto them into the Island to hold the same peaceably for five years to come until they might perceive how the King would perform his Promises But this Stubbornness so exasperated the King as the next year following with a mighty Army he did so beset the Isle as he shut them up and Prince Edward with Bridges made on boats entred the same in diverse places and constrained them to yeild And in the 52d year of his Raign devastavit saith Matthew Paris per totum Regnum de Comitatu in Comitatum qui stabilem contravenientibus intentarent ut videlicet si quid Possessiones alienas sive Ovium vel Boum vel aliquid usurparet injustè subiret Sententiam capitalem In the mean time the Earl of Gloucester with his Army marched to London where by the Citizens he was received But the Legat residing in the Tower so prevailed with him as he rendred himself to the King and was shortly after reconciled by the Mediation of the King of the Romans and the Lord Philip Basset upon the forfeiture of 12000 Marks if he should ever raise any Commotion Which being effected the King went with an Army into Wales against Lewellin their Prince for ayding Simon Montfort and the Earl of Gloucester against him but his Wrath being for 32000 l. Sterling appeased a Peace was concluded betwixt them and four Cantreds which had been taken from him by right of Warr restored Whereby those bloody long and ruining Controversies betwixt that unfortunate Prince King Henry the Third and a great ill disposed part of his Subjects led and managed by some of his overgrown Nobility and haereditary great Officers of his Crown and Estate which had in and from his Infant age to Fifty-Seven vexed and disquieted him and his Government were drawing towards an end And whilst ●e laboured to repress those Disorders which the Warrs had produced issued out his Writs to all the Sheriffs and Justices Itinerants to leavy 400● with all speed out of the extract Rolls of Fines and Americaments to be paid into the Exchequer for the expences of William de Beverlaco Prince Edwards Chaplain sent to Rome about his Affairs And in the same year beholding with tears the Ruines of the burnt and deformed Church of Norwich after the Bishops Excommunication of all that had consented unto it And Trivet the Judg punishing the Offenders he fined the City in 3000 Marks of Silver towards the repairing of that Church and a Cup of Gold of the value of one hundred pounds In the 54 th year of his Raign Parliamentum tenuit apud Marleburgh in quo de Assensu Comitum Baronum no mention at all being made of the Commonalty as well high as low in the Record but is justly to be charged as a fault or mistake upon Mr. Pulton's Translation of our Statutes into English edita sunt statuta The Legat Ottobon signed with the Croysado both the King's Sons Edward and Edmond the Earl of Gloucester and divers other Noble men undertaking a War for the Recovery of the Holy Land Prince Edward in that long and Perillous Journey carrying with him his beloved Consort Elianor then young with Child and Mortgaging Gascony to the King of France for 30000 Marks who was also personally engaged in the same Expedition and left his aged Father the King broken with the cares and toyles of War and Imprisonment who after his Son Prince Edward's departure being in the Fifty-fifth year of his Raign having borrowed Moneys of his Brother Richard King of Almaine to help to set forward his Son Edward and falling desperately sick and past all hopes of Recovery assigned unto his said Brother all the Revenues of the Crown except Wardships Marriages Releifes Escheats of the Counties Eyres of the Justices and the Juries which he retained in his own hands to his own use A Nostre soustenance as the words of the Record are de Nostre Reyne e de Nos mesnees e a Nos de Nos dettes aleger And shortly after being doubtful of his Recovery from that sickness whilst Prince Edward his Son and Heir to the Crown was engaged in that so called Holy War Wrote his Letter of Advice unto him speedily to return into England upon his Fatherly Blessing notwithstanding his Vow and Engagement in that affair in such manner as might be most for his Honour in these words viz. Rex Edwardo Primogenito suo karissimo salutem paternam Benedictionem Tenore Literarum vestrarum Nobis super vestro Comitivae Vestrae statu prospero jocundo benedictus Deus transmissarum audito pleniùs intellecto laeti efficiebomur hilares in immensum ettam ante receptionem ipsarum Literarum tanta tam gravi infirmitate detinebamur quòd onmes singult existentes Physici alii de vita Nostra comm●●iter desperabant nec tempore quo later praesentium à Nobis recessit de Nostra Convaltscentia spes aliqua habebatur verùm tamen prout Altissimo de statu Nostro placuerit ordinare vos indè per Nostros Nuntios reddemus frequentiùs certiores undè cùm vos in Haereditatem not by Election Regni Nostri tanquam Primogenitus Haeres Noster post Nos succedere debeatis vos post receptionem praesentium ad partes remotiores nullatenùs transferatis antè qùam de statu Nostro certitudinem habueritis pleniorem tùm quia si Papa crearetur mandaret charissimo fratri nostro Regi Alem illustri Avunculo vestro cui custodia Regni praedicti de concilio vestro commissa fuit oporteat ipsum pro statu sui Regni Alem ' ad Curiam Romanam modis omnibus personaliter accedere ità quòd ad depressionem quorundam male volorum infra Regnum Nostrum existentium sicut nostis intendere non posset ut expediret tàm quia si occasione mortis Nostrae quod absit vos oporteat ad propria remeare causa Regiminis Regni praedicti recipiendi cum Rege Franciae qui ad partes Franciae in brevi reversurus est ut dicitur honestè redire poteritis decentèr super quibus omnibus tale concilum habeatis quale vobis honori Vestro ac ipsi Regno paci tranquillitati ejusdem Magis videritis expedire hoc sub obtentu paternae Benedictionis nullatenùs omittatis ut vobis de voluntate Nostra constet in praemissis consulimus bonâ fide quòd ad propria redeatis sine morâ quià vestris Regni praedicti Negotiis ad votum ordinatis dispositis poteritis cum

disobliging unto any of them was to fall foul or out of the favour of all their great Alliances Friends Kindred numberless Tenants Servants Retainers Dependants and well-Wishers many of which being their own Relations Friends or Kindred might either help on and bring upon them a most certain and inevitable Ruine or put their small and fainting Estates into a languishing Condition when any the least Offences taken or given would be sure to effect it in the Displeasure of those who until the Reign of King Edward the First and some Ages after were so high and potent As that Ferrers Earl of Darby an Opposite to King Henry the Third in the Baron's Wars had Twenty Lordships in Barkeshire Three in Wiltshire in Essex Five in Oxfordshire Seven in Warwickshire Six in Lincolnshire Two in Buckinghamshire Two in Gloucestershire One Herefordshire Two Hantshire Three Nottinghamshire Three Leicestershire Thirty-Five Derbyshire One Hundred and Fourteen Staffordshire Seven of which was Chedley a parcel whereunto that part of Staffordshire appertained and besides had the Castle and Borough of Tudbury in that County together with many Advowsons Patronages c. and Knights Fees holding of him in those and other parts of England An Ancestor of Gilbert de Gaunt a partaker of the Norman Conquest another Opposite of King Henry the Third had in the Conquerors Survey One Lordship in Barkshire Three in Yorkshire Six in Cambridgeshire Two in Buckinghamshire One in Huntingtonshire Five in Northamptonshire One in Rutland One in Leicestershire One in Warwickshire Eighteen in Nottinghamshire One Hundred and Thirteen in Lincolnshire with Folkingham which was the Head of his Barony besides Knights Fees of those that held of him Patronages and Advowsons Fairs Markets Assize of Bread and Beer Pillory and Tumbrel c. Symon de Montfort Earl of Leicester was in the right of Amicia one of the Sisters and Co-heirs of Robert Fitz Parnel a Norman Earl of Leicester Lord high Steward of England in Fee an Office of Large Authority and Esteem had in Warwickshire Sixty-Four Lordships in Leicestershire Sixteen in Wiltshire Seven in Northamptonshire Three in Gloucestershire One besides many Knights Fees of those that held of him Advowsons Patronages Fairs Markets and the priviledges of Pillory Tumbrel and the Assize of Bread and Beer The Earl of Gloucester and Hartford had Thirty-Eight Lordships in Surrey Thirty-Five in Essex Three in Cambridgeshire Halling and Bermeling Castle in Kent Haresfeild in Middlesex Sudtime in Wiltshire Leviston in Devonshire Ninety-Five in Suffolke besides Thirteen Burgages in or near Ipswich of which Clare was one from whence that Family took their Surname or it from them had the Town and Castle of Tunbridge in Kent the Castle of Brianels in the County of Gloucester and whilst the King and his Son Edward were Prisoners at Lewis obtained a Grant under the Great Seal of all the Lands and large Possessions of Iohn Warren Earl of Surrey to hold at the King's Pleasure except the Castles of Rigate and Lewis was one of the Chief that extorted a Commission from the King authorizing Stephen Bishop of Chichester Symon Montfort and himself to nominate Nine as well Prelates as Barons to manage all things according to the Laws and Customes of the Kingdom until the Determinations should be made at Lewis and others which they better liked should take Effect Awbrey de Vere in the general Survey of William the Conqueror had Cheviston now Kensington Geling and Emingford in com Hunt Nine Lordships in Suffolk Fourteen in Essex whereof Colne Hengham and Bentley were part in Warwickshire Six in Leicestershire Fourteen in Northamptonshire Six in Oxfordshire Two and in Wiltshire Ten a Descendant of whom had in the Raign of King Stephen together with Richard Basset Justice of England custodiam Comitatus and executed the Sheriffs Offices of Surrey Cambridge Huntington Essex Hartford Northampton Leicester Norfolk Suffolk Buckingham and Bedford had by the Grant of Maud the Empress and King Henry the Second her Son by inheritance the Earldom of Oxford granted unto him and his Heirs and Mannor and Castle of Caufeild in the County of Essex and the Office of Lord Great Chamberlain of England in Fee with the Castles of Hengham or Hedingham and Campes to be holden by that Service and divers other Lands and Possession of a great yearly Value had before the Fourth Year of the Raign of King Henry the Third by the Marriage of the Daughter and Heir of the Lord Bulbeck many Mannors and Lands in the Counties of Buckingham and Cambridge and by the Marriage of the Daughter and Heir of Gilbert Lord Sanford the Inheritance of divers Mannors and Lands in the Counties of Essex and Hartford and a Grant in Fee to be Chamberlain to the Queen die Coronationis suae with divers Priviledges and One Hundred Knights Fees holden of them one whereof was by the Heirs of Mordaunt for Lands in Essex to come compleatly Armed as Champion to the Heir of the Family and Earls of Oxford in the great Hall of Hedingham Castle upon the day of his Nuptials to defy and fight with any that should deny him to be Earl of Oxford and another for the Mannor of Horseth in the County of Cambridge holden by the Family of Allington now the Lord Allington of the Kingdom of Ireland by the Service of holding the Earl of Oxford's Stirrop die nuptiarum which was actually performed in the Raign of Queen Elizabeth the day of the Marriage of Edward Earl of Oxford with the Daughter of the Lord Burghley Roger Bygod in the Conquerors Time did possess Six Lordships in Essex and One Hundred Seventeen in Suffolk had a Grant in the Raign of King Henry the Second of the Mannors of Ersham Walsham Alvergate and Aclay and the Honour of Eye in the County of Suffolk the Custody of the Castle of Norwich and a Grant of the Office of high Steward of England to hold and enjoy in as ample manner as Roger Bygod his Father had held it in the time of King Henry the First was Earl Marshal of England by Inheritance and had thereby a great Command and Authority in the King's Armies and all his Martial Affairs registred in his Marshals Rolls those many Thousands who as Tenants in Capite came into the Army to perform their Service by which also they were enabled to receive Escuage after of those that were their Under-tenants and held of them and did not come to do their Service was in times of Peace as in War to appease Tumults to Guard the King's Palace distribute Liveries and Allowances to the Officers thereof attend at the doing of Homages have a Fee of every Baron made a Knight and to receive of every Earl doing Homage a Palfry and Furniture Hugh de Montfort Ancestor of Peter de Montfort one of the Twenty-Four enforced Conservators for the Kingdom in the said Raign of King Henry the Third had in the general Survey Twenty-Eight

and his Government to alienate the affection of his People and to make his Majesty odious unto them 3. That they have endeavoured to draw his Majesties late Army to disobedience to his Command and to side with them in their trayterous designs 4. That they have trayterously invited and incouraged a forreign Prince to invade his Majesties Kingdom of England 5. That they have trayterously endeavoured to subvert the very Rights and being of Parliaments 6. That for the compleating of their traiterous designs they have endeavoured as far as in them lay by Force and Arms to compel the Parliament to joyn with them in their traiterous designs and to that end have actually raised and countenanced Tumults against the King and Parliament 7. That they have traiterously conspired to leavy and actually have leavied War against the King Whereupon the House of Commonsin Parliament the 3d. of January 1641. did Order that if any person should seal up the Trunks or Doors of any Members of their House which in the case of the King for Treason was not certainly within the Virge of their Commission or purpose of their Election either by the King or their Countries or their Indentures or Wages allowed nor the Priviledge of Freedom from Arrest of their persons or goods whilst they are there in his important service they should require the Aid of the Constable who by his Oath of Allegiance was not to do it And in another Declaration of the 7th day of January 1641. Printed and Published which in this Kingdom or any other part of Christendom was never accustomed or allowed to be done were pleased untruly to affirm that the King having sent a Serjeant at Arms to their Speaker to demand the persons aforesaid accused and being denyed came the next day in his Royal Person to demand them with Halberts Swords and Pistols attending without at the Door who if they had been as dreadful as they would make it would have been but necessary lest he might have been Stabbed and Assassinated as Julius Caesar was unguarded in the Roman Senate Did declare that the Arresting of the said Accused Members or any other Members of Parliament by prretence or colour of any Warrant issuing from the King only as if they were assured of a Co-ordination with him is guilty of the Breach of the Liberty of the Subject and of the Priviledge of Parliament and a publick Enemy of the Common wealth and that the Arrestnig of any of the said Members or any other Member without a Legal proceeding against them is declared a publick Enemy of the Commonwealth notwithstanding they did declare that they would no● protect any Member that should be prosecuted by the King according to the Law of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanor so as they which never were yet a Judicature or had ever any power to examine a Witness might be the Judges what was the Law or Treason and will be as willing that Justice be done against the Commons as to defend the just Rights and Liberties of the Subjects and Priviledges of the Parliament of England That the Priviledges of the Parliament and Liberties of the Subjects so violated and broken cannot be sufficiently vindicated a punctilio of Honour never before insisted upon by any of the Parliaments or Subjects of England to their Soveraign Kings or Princes without the delivering up unto them the names of those that advised or councelled him thereunto and the coming in his own Person the publishing of the said Articles and Printed Papers inform against the said Members to the end that such persons may receive condign punishment intending very likely to have it only left to their own lately self-erected Soveraignships The County of Buckingham Petitioned for Mr. Hambden and did adventure to say that in their Opinion his Majesties Accusation of him doth oppugne the Rights and Priviledges of Parliament which was according to the Protestation to defend the King and the Church and Commonwealth The House of Commons the 15th of January 1641. examined Sir Edward Herbert the Kings Attorney General upon several Articles concerning the Accusation for Treason against the Lord Kimbolton and the other Members and whether he would undertake or make good the said Articles or any of them if he shall be called before the Lords unto which he answered by my former expression you may discern what answer I cannot make or take to make one Title of them otherwise than as my Master hath informed me and enabled me for of my self I cannot nor will not do more than one that never heard of them Whereupon it was resolved by the House of Commons that the said Attorney General had broken the Priviledge of Parliament in praeferring the said Articles and that a Charge be sent up to the House of Lords in the name of the House of Commons against him to have satisfaction for the great scandal and injury which he hath done to the said Members unless by Thursday next he bring in and make good if he can the said Articles against the said Members or any of them The 4th of March 1641. the King from Royston in his Journey towards York being deterred from his Palace at Whitehall wrote to the Lord Chancellor commanding him to read unto the Lords the Copy of his Charge against the aforesaid Members and nominate a Committee to examine the Evidence thereof and also signified that what his Attorney General had done therein was by his command and according to his Duty But having declared that he found cause wholly to desist from prosecuting the said Members he had commanded him to proceed no further therein nor to produce or discover any proof concerning the same After many Messages and Petitions not to suffer the Queen to go with the Princess of Orange her Daughter into Holland nor to take the Prince into Yorkshire with him many Petitions and pretences to have the Militia put into their hands absolutely to secure them from their own coyned fears and jealousies and a denial of that but for a limited time they having also not failed in desiring strong Towns Castles Forts and Garrisons to be put into their Custody and voted Sir John Hotham one of their Members no Traytor after the King had Proclaimed him a Traytor for his denying him entrance when he Personally demanded it into his strong Fortified Town of Kingston upon Hull and a 2 or 3 Remonstrance over-boldly Printed and Published to Idolize themselves and inflame the silly people and made their Blockades Circumvallations Trenches and Mines about our Monarchy and too many of the deluded people ready to betray and deliver it up or gape at the spoil which might inlarge and better their formerly wicked conditions and appointed Deputy Lieuetnants and Commanders in every County and City took into their hands the Kings Navy with the profit of his Customs and all that they could by fear or fraud get into

Elizabeth King James and King Charles the 1. And our Annalls Historians and Records can appa●ently evidence that Queen Elizabeth in the designed Invasion of England by the King of Spain with a formidable Navy and Army in the Year 1588. did not by any of her Councells Judges Delegates or Lawyers great or small limit in the raising of Forces either by Land or Sea the Numbers Time of Continuance or Wages and it hath been a part of the Jus Gentium or Law of Nations not to contradict but allow the Seizing of Ships of Merchants and Strangers in the Potts or Havens of a Prince like to be Assailed and in Danger of War when every man ought to fight tanquam pro Aris Focis And that magnanimous great and wise Princess could not without that Power inhaerent in her Monarchy have aided with Men and Arms the great Henry King of France and the distressed Belgick Provinces checked the Papall Powers and Plots and Planted and Supported the Protestant Religion in most of the parts of Christendom holding by a steddy hand the Ballance thereof and so well understood her own Rights and the true methods of Government as she blaming some of the House of Commons for flying from their Houses near the Sea Coasts in the affright of the Spanish Invasion did Swear by the Almighty God that if she knew whom in particular she would punish and make them Examples of being the Deserters of their Prince and Countrey King James asked no leave of his Subjects in Parliament to Raise and Send Men and Arms into the Palatinate being his Son in Law 's Inheritance for the Defence thereof under the Command of Sr Horatio Vere and an Army for the same purpose also under the Command of Count Mansfelt a German Prince King Charles that blessed Martyr by a Company of accursed Rebells furnished to Sea 3. severall Armies and Navies in aid of the distressed Protestants at Rochell in France in whose Reign all the Judges of England subscribed to their Opinions that the King was to prevent a danger impending upon the Commonwealth might impose a Tax for the furnishing out of Ships and was to be the sole Judge thereof which had but a little before been inrolled in all the Courts of Justice in Westminster and in the Chancery as the opinion of all the Judges of England under their hands which in the leavying but of Ten Shillings being Cavilled at by Mr Hamden a man of 3 or 4000 l. per Annum one of the grand Sedition-Mongers who as a Member of the House of Commons in Parliament had by an Execrable Rebellion almost Ruined destroyed England Scotland and Ireland to pacify which that Pious Prince being willing to satisfie their scruples as much as the Laws and Constitutions of the Kingdom as he hoped might Allow and being a Principall part of the Monarchy the Arcana's whereof Queen Elizabeth believed not fit to be sacr●ficed unto Vulgar and Publick disputes and hammered upon the Anvills of Lawyers arguments tending unto more what could then should be sayd and therefore did in some of her grants or rescripts insert the words as King James afterwards did de quo disputari nolumus a maxima which the great Henry the Fourth of France in his Government strictly observed and which every Sea or Land Captain hath through many Ages and traverses of the world ever experimented to be necessary and usefull Insomuch as licence was given to frame a Case or question thereupon that never was before done in England through all its Changes of our Monarchs under the Brittish Roman Saxon Danish and Norman Races or in all the Empires and Kingdoms of the habitable World for amongst the Israelites there was an outward Court for the Common People there was a Sanctum Sanctorum there was no dispute suffer'd about their Urim and Thummim or the dreadfuly delivered Decalogue and the Ancilia and vestall fire at Rome were not to be pried into by the Common People neither would the vast Ottoman Empire suffer the secrets of Mahomets Pidgeon or the laying the Foundations of their Religion or Alcoran vast Empire to be disputed or exposed unto vulgar Capacities that would sooner mistake or abuse then assent unto truth or the most certified reason In the way unto which our fatality and ever to be lamented sad Consequences that followed the late long Parliament Rebellion Mr Oliver St John and Mr Rober Holborne two young Lawyers affecting a Contrariety to the approved sence and Interpretation of our most known and best old Laws and to Criticise and put doubtfull Interpretations upon the ever to be reverenced and wholsome Laws and Constitutions of the Kingdom did to that end expend much Time in the search of all the Records of the Kingdom The first of which laboured to propagate his design of Ruining the Kings Power of taxing Ship Mony and leavying it in Case of necessity for the defence of his Kingdom and Subjects but Mr Holbornes better opinion after all could not but leave him an earnest Assertor of the Kings Rights and Power therein So as of the 12 Judges upon the debates of the Kings learned Councell and the Peoples Lawyer Mr St John and others dispute arguing Pro and Contra One against the Other Ten of the Judges giving their Judgements therein against the said Mr Hamden that that unhappy aforesaid Ten Shillings ought to be leavyed upon him Notwithstanding Justice Hattons and Justice Crokes dissenting opinions who did afterwards forsake that begun and after long continued paths of Rebellion And that good and great man that prepared the Act of Parliament for the Converting Tenures in Capite into free and Common Socage that took away the strength of our Israel and worse then the folly or ill managed love of old Pelias Daughters to make their aged Father young again whether misled by his friend Oliver St John or overmuch in love of the well poysed temper of his so much admired the Roman Pomponius Atticus needed not to have been so over Severe in the astringent penalties nailed and fastned upon that Act of Parliament and the breaking of that Socage Act by adding to that much better of the tenures in Capite no less then the affrightfull penalty of that of a Praemunire when it was not likely to be so great a Stranger to his memory that the Learned Judges of the Kingdom had at severall times in the Reigns of King James and King Charles the Martyr declared their well weighed opinions that the Tenures in Capite were so fundamentall a part of our Laws as no Act of Parliament could be able or have force to repeal change or take them away And that in all the Icarian attempts and high Flights of the long called Parliament Rebellion and even in their Hogen Mogen unparaleld Nineteen Propositions made unto their King which if granted had taken away from him all the Power of a King and a Father or to govern or defend

his Subjects Untill in that much mistaken Erroneous Act of Parliament said to have been made in Feb. 1645. by some of the Lords Commons of that which should not have been called a Parliament when they made War had like strange Subjects and Advisors beaten away their King neither had there been any design of abrogating the Tenures in Capite or of that kind in all the Brittish Roman Saxon Danish or Normam times to annull or dissolve so strong and solid a Foundation as our Feudall Laws nothing in the Rebellion Force and strange unkingly restrictions Articles and agreements put upon King John at Running Mede no grievance by the Tenures in Capite or by Knight-service certified upon any the Writs sent by King Henry the 3. unto all the Sheriffs of the Counties and Cities of England and Wales to Elect 4 Knights of every County and City to certify to the King and his Baronage their Grievances nothing in the forced Parliament and Oaths upon King Henry the 3. and his Son Prince Edward in the 42. Year of his Reign nothing in his direfull procession and wa●king with his Parliament of Praelates and Nobility throu●h Westminster Hall unto that Abby Church with burning Tapers Curses and Anathema's against the Infringers of Magna Charta and Charta de Forresta then and yet holden in Capite with many of our Liberties Fundamentall and Feudall Laws therein contained nothing desired or ordered to be taken away of them or any of them no mention of them in the arbitration or award made by the King of France betwixt that King and his Rebell Barons or when Simon Montfort and his Partners kept him in their powerfull Army a Prisoner about a Year or a Quarter no Complaints or grievances against those Tenures in Capite in all those multitudes of other supposed grievances nothing in the Petition of Right and 30 times confirmation of Magna Charta and Charta de Foresta as if they could never have enough of them nor Reformation desired in and through all the Clownish Rebellions and Insurrections in England in the Times of Wat Tiler John Ball Jack Cade Ket and others And therefore whilst these Underminers of our long lived Monarchy and in that their own happiness have gratified their fond feavourish fancies in procuring a Dissolution of as many as they could of our Tenures in Capite for all if any they could not with the Costly expence of 48. Millions sterling in mony besides an uncomptable and unvalued damage of four hundred thousand Men Women and Children slain or Massacred whole families ruined or for ever Crpled Heaven angry and incensed Hell gaping Religion torn in more then one hundred pieces and all for want of the Care Provision and Protection that the despised Mother Church of England like the Voice that was heard in Ramah Rachel mourning for her Children that they were not our Shames Published in the Streets of Gath and Askalon in the Time of its peace and the Sins of Rebellion and Witchcraft have as the Egiptian Locusts covered overspread the face of our heretofore fruitfull Island And the Protection and Provision usually made by our Tenures in Capite for Younger Children as well as the Eldest affords them no better a care then to leave them when the Mother is after the Fathers Death by some Debaucht Rooking or Gamiug Coxcomb made a fool of and Married again as very often they will are like Lambs left as a Prey unto the Wolves or Foxes the Second Husbands who if the Mother have Children by him will be as too many are well content to help to Fricasse the first husbands Children to make Portions or Estates for the Second so as if it be Enquired where is now the Court of Wards and Liveries which hath been so pretendedly without any Just Cause at all complained of they may find every where a Court of Wards and Liveries lamentably governed by the Fathers in Law of England Wales and Ireland They might do well to make more hast then they have done to repentance consider how much more then nothing at all the Nation was beholding to those overtures as much as they could of the Monarchy Tenures in Capite have been to those Commonwealth Erecters have deserved of the People and those whom they pretended to represent in Parliament when instead of bread they have given them Stones and of Fishes Scorpions and to shew the profoundness of their wisdom did as wisely as those that attemp●ed to drown the Eel when upon a great serious consult they may Easily discover no better effects or fruit of their overchargeable expences enforced upon the people to their own great and Villanous gain and the ruin spoil and inestimable damage of our 3 before that most happy flourishing redoubtable Kingdoms When that Act of Parliament for taking away the Tenures in Capite doth but as much as it could convert them into Free and Common Socage without any mention of pro omnibus servitiis and the Law made by King Ina who Reigned here from the year of our Savior 923. untill after some part of the Year 940. which is not specially repealed by that Act of destroying as much as it was able the Tenures in Capite and by Knight Service did ordain that Scutarorum nullus ex pelle ovina Scutafabricatur qui secus fecerit 30 solides mulctator pro singulo quoque aratrobinos alat quisque ornatos atque instructos Equites and in a Tenure in Free and Common Socage Fealty is a duty and service inseparable as Littleton saith and signifieth although as he putteth the Case is in the Ceremony of the doing thereof sometimes different from homage for when the Tenant doth fealty unto his Lord he shall hold his hand upon a Book and shall Swear that he shall be faithfull and true to his Lord and shall bear him faith for the Lands which he holdeth of him and fealty is derived a fidelitate Feltman bestowing upon an originall of the like nature a fide and Escuage draweth unto it homage and Homage draweth unto it fealty for fealty is incident to every manner of Service unless it be in the Tenure of Franck-Almoigne and the Tenures in Capite and by Knights Service some only excepted being transferred into Free and Common Socage without saying per fidelitatem tantum pro omnibus servitiis may notwithstanding the forebidding or rejection of of Homage and all other Incidents of Tenures in Capite and by Knights Service render the fealty incident unto free and Common Socage by our Laws to amount unto as much as that which the framer of that Act of Parliament hoped to extinguish by Converting those Tenures in Capite as much as he could into Tenures in pede which should have been beleived to have been very fundamental and dangerous to alter when the wisdom of the English and Scottish Commissioners authoris'd by an Act of Parliament in the Reign of King James