Tenenda
non
Tollenda
,
OR
The
Necessity
of
Preserving
TENURES
IN
CAPITE
and
by
KNIGHT-SERVICE
,
VVhich
according
to
their
first
Institution
were
,
and
are
yet
,
a
great
part
of
the
Salus
Populi
,
and
the
Safety
and
Defence
of
the
King
,
as
well
as
of
his
People
.
TOGETHER
With
a
Prospect
of
the
very
many
Mischiefs
and
Inconveniences
,
which
by
the
taking
away
or
altering
of
those
Tenures
,
will
inevitably
happen
to
the
KING
and
his
KINGDOMES
.
By
Fabian
Philipps
,
Esq
Claudian
Lib.
2.
Ne
pereat
tam
priscus
Honos
qui
portus
honorum
.
Semper
erat
,
nullo
Sarciri
Consule
Damnum
.
LONDON
,
Printed
by
Thomas
Leach
,
for
the
Author
,
and
are
to
be
sold
by
Abel
Roper
at
the
Sign
of
the
Sun
in
Fleetstreet
,
1660.
To
the
Right
Honourable
Sir
Edward
Hide
Knight
,
Baron
of
Hindon
,
and
Lord
Chancellor
of
England
.
My
Lord
,
EVery
man
who
hath
not
been
out
of
his
Wits
or
his
own
Country
,
or
like
the
Poet
Epimenides
,
who
is
said
to
have
slept
more
than
Twenty
years
.
And
hath
but
understood
or
experimented
the
many
Miseryes
and
Confusions
which
our
new
Reformers
and
Modellers
of
Government
,
(
who
like
unskilful
Architects
,
cannot
amend
a
part
of
an
house
without
overturning
the
whole
Fabrick
upon
the
heads
of
the
Owners
)
have
treated
the
Faction
and
Ignorance
of
too
many
of
the
seduced
people
of
this
Kingdom
withal
;
And
sitting
by
the
Waters
of
Babylon
had
not
forgot
Jerusalem
,
or
but
remembred
the
happinesse
of
the
Condition
we
before
enjoyed
under
a
gratious
and
pious
Prince
in
an
Antient
,
and
for
many
ages
past
,
most
happy
Monarchy
,
and
with
Tears
of
Joy
welcommed
it
again
in
the
Return
of
his
sacred
Majesty
,
and
all
our
peace
and
plenty
from
a
sad
and
long
oppressing
Captivity
,
must
needs
think
himself
obliged
not
only
to
pray
for
the
Peace
of
our
Syon
but
to
endeavour
all
he
can
to
uphold
the
Kings
Rights
and
Jurisdictions
.
Who
being
our
Lex
viva
,
and
guarding
Himself
,
us
and
our
Laws
,
is
with
them
the
sure
support
of
us
and
all
that
is
or
can
be
of
any
Concernment
to
us
and
our
Posterityes
;
And
therefore
when
we
are
taught
by
our
Laws
,
and
the
sage
▪
Interpreters
and
Expounders
thereof
,
That
every
Subject
hath
an
Interest
in
the
King
as
the
Head
of
the
We●le
Publick
,
and
as
the
inferior
Members
cannot
estrange
them
selves
from
the
Actions
or
Passions
of
the
head
,
Hollands
Case
in
Coke●
4
Reports
.
no
lesse
can
any
Subject
make
himself
a
Stranger
to
any
thing
which
toucheth
the
King
or
their
supreme
Head
,
And
that
not
a
few
but
very
many
knowing
and
able
men
are
of
opinion
not
ushered
in
by
Fancy
or
first
Notions
,
but
well
weighed
and
built
with
Reason
and
good
Authorities
that
the
exchanging
of
the
Tenures
in
Capite
and
by
Knight
Service
,
for
a
constant
yearly
payment
of
100000
l.
will
level
the
Regality
,
and
turn
the
Soveraignty
into
a
dangerous
popularity
,
and
take
away
or
blunt
the
Edge
of
the
Sword
,
by
which
his
Majesty
is
to
defend
his
people
;
I
could
not
but
conceive
it
to
be
my
Duty
(
and
a
failer
of
my
Duty
and
Oaths
of
Allegiance
and
Supremacy
not
to
do
it
)
to
offer
to
consideration
the
antiquity
and
right
use
of
Tenures
in
this
and
other
Kingdoms
,
that
they
are
no
Slavery
nor
Grievance
,
how
from
a
project
in
the
beginning
of
the
Raign
of
King
James
,
it
came
to
trouble
several
Parliaments
,
the
small
benefits
will
come
to
the
Subjects
by
altering
those
Tenures
,
and
the
many
Inconveniences
and
Mischiefs
which
will
inevitably
follow
,
and
that
it
is
such
a
flower
of
the
Crown
,
as
the
power
of
an
Act
of
Parliament
,
and
consent
of
the
King
and
his
Nobility
,
and
people
cannot
take
away
,
wherein
,
though
I
may
well
say
it
is
a
matter
,
as
Livy
said
of
his
undertaking
to
write
the
Roman
History
Immensi
Operis
,
and
that
the
disquisition
of
it
requiring
greater
Abilities
than
I
can
lay
any
claim
unto
;
and
the
excellent
Order
heretofore
used
,
that
all
Books
of
the
Law
,
or
very
much
concerning
it
▪
should
be
perused
and
allowed
by
the
Reverend
Judges
of
the
Law
,
before
they
should
be
Printed
and
published
,
might
have
been
enough
to
have
made
me
either
to
desist
,
or
have
attended
their
approbation
;
Yet
when
the
good
intentions
of
many
Parliament
men
of
the
House
of
Commons
to
make
the
King
a
constant
Revenue
were
so
busy
to
prepare
an
Act
of
Parliament
to
dissolve
those
more
useful
and
honourable
Tenures
into
a
Socage
,
which
will
never
arrive
to
the
Salus
Populi
they
aim
at
.
I
have
like
some
well-wishing
Roman
to
his
Countries
good
,
in
my
Cares
,
and
fear
least
any
thing
should
hurt
,
dislocate
,
or
disturb
,
that
well
ordered
and
constituted
Government
,
under
which
our
Progenitors
enjoyed
so
much
Honor
,
Peace
und
Plenty
,
hasted
Currente
Calamo
,
to
a
modest
inquiry
into
the
grounds
and
motives
,
for
the
dissolution
of
them
,
and
the
Court
of
Wards
,
and
an
examination
of
that
to
be
prepared
Act
in
the
General
(
for
as
to
the
Preamble
,
Cl●uses
or
Provisoes
,
they
are
not
permitted
to
be
seen
before
the
Act
passeth
)
the
Rogatio
Legum
as
it
was
amongst
the
Romans
,
being
not
here
in
use
in
some
cases
as
it
may
be
wished
it
were
,
and
when
none
else
would
publiquely
endeavour
to
rescue
them
,
have
without
any
Byasse
or
partiality
as
well
as
I
could
,
represented
what
hath
been
the
right
use
of
them
,
and
what
may
be
the
Inconveniences
if
they
should
be
changed
or
altered
,
and
that
they
are
not
guilty
of
the
charge
which
is
supposed
,
but
never
will
be
proved
against
them
.
And
confesse
that
it
deserved
a
better
Advocate
than
my self
,
who
having
attempted
to
do
it
horis
Succ●s●vis
&
interturbationes
rerum
,
am
Conscious
to
my self
that
much
more
might
have
been
said
for
it
,
and
that
the
matter
was
capable
of
a
better
form
,
and
might
have
appeared
in
a
better
dresse
,
if
my
care
to
do
something
as
fast
as
I
could
,
had
not
for
want
of
time
hindred
me
from
doing
what
I
might
.
But
I
hope
that
your
Lordship
who
hath
trod
the
Pathes
of
Affliction
,
and
in
the
attendance
and
care
of
a
persecuted
Monarchy
,
and
an
Afflicted
most
Gracious
Prince
,
who
hath
born
the
burthen
of
His
own
Sorrows
&
Troubles
,
as
well
as
of
a
Loyal
party
that
Suffered
wi●h
&
for
Him
and
His
Royal
Father
▪
have
in
Your
Travails
and
residence
in
many
Kingdoms
and
parts
beyond
the
Seas
,
viewed
and
seen
the
Fundamentals
and
Order
of
other
Kingdoms
,
the
Policies
and
good
Reiglements
of
some
,
and
the
Errors
and
Infirmities
of
others
,
will
with
your
learned
Predecessor
the
Chancellor
Fortescue
in
the
Raign
of
King
Henry
the
6●h
.
the
more
admire
and
love
the
Laws
and
excellent
Constitutions
of
England
,
which
as
a
Quintessence
of
right
reason
,
may
seem
to
have
been
Limbecked
and
drawn
out
of
the
best
of
Laws
,
and
choice
of
all
which
might
be
learned
out
of
other
Nations
,
or
the
Records
or
Treasury
of
Time
,
and
find
reason
enough
to
be
of
the
opinion
of
that
well
knowing
Statesman
,
Fortescue
de
laudibus
Legum
Angl●ae
.
that
non
minime
erit
regno
accommodum
,
ut
Incolae
ejus
in
artibus
sint
experti
,
&
quod
domus
regia
sit
tanquam
gymnasium
supremum
nobilitatis
regni
schola
quoque
Strenuitatis
probitatis
&
morum
quibus
regnum
honoretur
,
&
floret
ac
contra
Irruentes
securatur
,
&
hoc
revera
bonum
accidisse
non
pottuisset
regno
illi
,
Si
nobilium
fil●i
Orphani
&
Pupilli
per
pauperes
amicos
parentum
suorum
nutrirentur
,
and
greatly
approve
as
he
did
of
our
Tenures
in
Capite
,
and
by
Knight
Service
(
which
have
been
since
better
ordered
,
and
more
deserve
that
,
and
a
better
commendation
)
and
to
put
forth
your
hand
to
rescue
them
,
who
have
hitherto
as
great
Beams
,
peices
of
Tymber
,
or
Pillars
,
helped
to
bear
up
and
sustain
the
Fabrick
of
our
Antient
and
Monarchical
Government
,
and
have
no
other
fault
,
but
that
they
are
misunderstood
and
misrepresented
to
the
vulgar
,
who
by
making
causelesse
complaints
&
multiplying
them
,
have
done
of
late
by
our
Laws
and
best
Constitutions
,
as
the
Boys
are
used
to
do
when
they
hunt
Squirrels
with
Drums
,
shouts
and
Noyses
;
And
that
your
Lordship
who
is
able
to
say
much
more
for
that
Institution
and
Right
use
of
Tenures
,
will
be
pleased
to
accept
of
my
good
Intentions
,
and
pardon
the
Imperfections
of
London
23.
November
1660.
Your
Lordships
most
Humble
Servant
Fabian
Philipps
.
THE
CONTENTS
.
-
CHAP.
I.
OF
the
antiquity
and
use
of
Tenures
in
Capite
,
and
by
Knight
service
,
in
England
,
and
other
Nations
.
page
1.
-
CHAP.
II.
The
holding
of
Lands
in
Capite
,
and
by
Knight
service
,
is
no
Slavery
or
Bondage
to
the
Tenant
or
Vassals
.
12.
-
CHAP.
III.
Tenures
of
Lands
in
Capite
,
and
by
Knight
service
,
are
not
so
many
in
number
as
is
supposed
,
nor
were
,
or
are
any
publique
or
general
Grievance
.
29.
-
CHAP.
IV.
How
the
design
of
altering
Tenures
in
Capite
,
and
by
Knight
service
,
into
Socage
Tenures
,
and
D●ssolving
the
Court
of
Wards
and
Liveries
,
and
the
Incidents
,
and
Revenue
belonging
thereunto
,
〈◊〉
out
of
the
Forges
of
some
private
mens
imagi●●●ions
,
to
be
afterwards
agitated
in
Parlia●●nt
.
145.
-
CHAP.
V.
The
Benefits
or
Advantages
which
are
expected
●y
the
people
in
putting
down
of
the
Court
of
wards
●nd
Liveries
,
and
changing
the
Tenures
in
Capi●e
and
by
Knight
service
,
into
free
and
common
S●cage
.
154.
-
CHAP.
VI.
The
great
,
and
very
many
Mischiefs
and
Inconveniences
which
will
happen
to
the
King
,
and
Kingdom
,
by
taking
away
Tenures
in
Capite
,
and
Knight
service
.
157.
-
CHAP.
VII
.
That
Tenures
in
Capite
,
and
Knight
service
,
holden
of
the
King
,
and
the
Homage
and
Incidents
thereunto
appertaining
,
and
the
right
of
the
Mesne
Lords
,
cannot
be
dissolved
,
or
taken
away
by
any
Act
of
Parliament
.
-
The
Conclusion
.
258.
Errata's
,
or
Faults
escaped
in
Printing
,
by
the
hast
of
the
Presse
.
PAge
1
line
1
leave
out
and
,
p.
2
l
28
for
be
read
by
.
p.
6
l
12
for
or
Knights
,
r
and
Knights
,
p.
8
l
16
leave
out
that
.
ib.
r
in
Capite
and
Knight
service
.
p.
9
l
25
for
where
r
were
.
p.
17
in
the
margent
leave
out
the
quotation
note
.
p.
21
l
18
r.
his
enfant
.
p.
23
l
23
r.
be
the
lesse
free
,
p.
24
,
l
26.
for
was
r.
were
.
p.
36.
l
12
,
r
them
,
20
H.
3.6
p.
38
l
3
for
E
1
r.
E
3.
p.
ib.
l
6.
r
person
,
42
E
3.5
.
p
40.
l
31.
for
of
,
r.
or
p.
43.
l
18.
r
thought
to
.
p.
54
l.
16.
leave
out
and.
p.
68
l.
14
leave
out
was
.
p·
81
l.
12
for
a●
r.
in
p.
82
l.
15
for
E.
3
r
E
1.
p.
100
l.
7
for
1648
r.
1643.
p.
111
l.
2
leave
out
his
.
p.
125
l.
1
for
Episcopium
,
r
Episcopum
.
ib.
l
18.
r
hold
by
.
ib.
l.
23
,
r
nor
could
,
126.
l
12
for
●e
r.
to
.
p.
131
l
32.
r
For
it
.
p.
13●
l.
1
leave
out
Lawes
after
the.
ib.
l.
2
leave
out
the.
ib.
l.
15
for
and
r.
for
.
p.
135
l
6.
r
or
by
p.
136
l.
14
for
and
●
which
.
p.
138
in
the
margent
leave
out
Litletons
quotation
,
p.
140
l.
13
leave
out
an
.
p.
154
l.
10
r.
Grand
and
Petit.
p
159.
in
the
margent
for
XI
r
II.
p.
162.
against
l
12
in
the
margent
put
V.
ib.
against
l
33.
put
VI.
p.
163.
l
4.
for
Protections
,
r
Portions
▪
ib.
in
the
margent
against
l
8
,
put
VII
.
ib.
against
●
20
,
put
VIII
.
p.
164
l
4.
for
and
,
r
shall
.
ib.
in
the
margent
against
l
15
,
put
IX
.
p.
165
against
l
33.
put
X.
p.
166
against
l
5.
put
XI
.
ib.
against
l.
10
put
XII
.
ib.
against
l
14
,
put
XIII
.
ib.
against
l
26.
put
XIV
.
p.
17
r
l.
15
for
amore
r.
more
▪
p.
174
in
the
margent
,
for
Olbertus
r.
Obertus
.
p.
183
in
margent
for
Lovelaces
r.
Lo●es
.
p.
184
l.
16.
leavo
out
in
.
p.
185
l.
32.
leave
out
they
.
p.
187
l.
9.
for
enernate
,
r
enervate
.
ib.
l
24.
for
displaced
r.
displayed
▪
p.
192
l.
15.
leave
out
if
not
recompensed
by
some
Annual
payment
.
p.
194
l.
8.
r.
under
the
penalties
of
.
ibib
.
l
9.
leave
out
under
the
penalties
.
p.
212
,
l
22.
r
be
a
Baron
,
ibib
.
leave
out
of
Holt.
p.
217
l.
2.
for
derived
r.
deemed
.
p.
222
in
the
margent
against
l.
15
put
L.
p.
241
in
the
margent
against
l
6.
put
LXIV
.
p.
24●
against
l
4
put
LXV
.
p.
246.
against
26
,
put
LXXII
.
p.
247.
l
4.
for
know
r
knowing
,
p.
254.
l
20
,
r
which
is
,
ib.
28
,
r
and
the●
p.
255
l
24
,
r
or
that
.
p.
259
l
18.
for
it
r
them
.
ib.
l
23
leave
out
upon
all
.
p.
268.
l
4.
leave
out
and.
p.
269
,
l
15
,
r
or
to●
p.
274.
l
33
for
of
,
r
if
.
p.
275.
l
11
,
leave
out
would
ruine●
〈◊〉
l
,
13
,
r
Baronies
would
be
ruined
.
CAP.
I.
Of
the
Antiquity
and
use
of
Tenures
in
capite
and
by
Knight
service
in
England
and
other
Nations
.
THe
Law
of
Nature
,
&
that
secret
and
great
Director
under
God
,
and
his
Holy
Spirit
of
all
mens
Actions
,
for
their
safety
,
and
self
preservation
,
by
the
Rules
or
Instinct
of
Right
Reason
,
and
the
Beams
of
Divine
Light
and
Irradiations
;
(
So
far
as
those
Laws
of
Nature
are
not
contrary
to
positive
and
Humane
Laws
which
are
alwayes
either
actively
or
passively
to
be
obeyed
)
having
in
the
beginning
of
time
,
and
its
delivery
out
of
the
Chaos
,
made
and
allowed
Orders
,
and
distinctions
of
man-kind
,
as
they
have
been
found
to
be
more
Rich
,
Wise
,
Virtuous
,
Powerful
,
and
Able
,
than
others
,
&
therfore
the
fitter
to
Protect
,
Defend
,
and
do
good
unto
such
as
wanted
those
Abilities
&
Endowments
,
and
constituted
&
ordained
the
faith
and
just
performances
also
of
Contracts
,
Promises
,
and
Agreements
,
and
the
acknowledgements
of
benefits
and
favours
received
,
being
no
strangers
to
those
early
dayes
;
when
the
Patriarch
Abraham
had
leave
given
him
by
Abimelech
King
of
Gerar
to
dwell
in
the
Land
where
it
pleased
him
,
and
that
Abimelech
in
the
presence
of
Phicol
the
chief
Captain
of
his
Host
,
who
took
himself
to
have
some
concernment
in
it
,
required
an
Oath
of
him
,
That
he
would
not
deal
falsly
with
him
,
nor
with
his
Sons
son
,
but
[
](A54695-e1580-b)(a)
(a)
Genes.
21.23
.
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
ou●
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
ou●
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
,
[
](A54695-e1860-b)(b)
(b)
Hooker
Ecclesiastic
.
Polit.
lib.
1.
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
[
](A54695-e1960-b)(c)
(c)
Gellius
lib.
1.
cap.
13.
Captives
in
War
,
as
bearing
a
reverence
or
respect
to
their
Lords
,
or
Patroni
;
[
](A54695-e2000-b)(d)
(d)
Bud●us
in
Annotat.
ad
Pandect.
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
t●em
,
id
serebat
saith
Oldendorpius
[
](A54695-e2110-b)(e)
(e)
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
,
[
](A54695-e2150-b)(f)
(f)
Oldendorpius
.
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
[
](A54695-e2200-b)(g)
(g)
Craig
.
de
Feudis
▪
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
[
](A54695-e2270-b)(h)
(h)
Cujacius
de
seudis
.
lib.
1.
militiam
eant
vel
vicarium
mittant
,
vel
certum
ce●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
ra●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
under
them
,
and
if
any
evil
happened
unto
them
,
either
endured
it
with
them
,
or
willingly
ventured
their
lives
with
them
,
others
attribute
it
to
the
Saxons
,
ubi
jus
antiquissimum
feudorum
semper
viguit
et
adhuc
,
saith
the
learned
Craig
.
religiose
observatur
,
where
the
feudal
Laws
were
,
and
are
yet
most
religiou●ly
observed
,
and
Cliens
and
Vasallus
,
in
matters
of
F●wds
and
Tenures
,
are
not
seldome
in
the
Civil
Law
,
and
very
good
Authors
become
to
be
as
Synonimes
,
and
used
one
for
the
other
.
And
the
later
Grecians
since
the
Raign
of
Constantine
[
](A54695-e2400-b)(i)
(i)
Gerardus
Niger
in
Cujacio
lib.
de
feudis
.
Porphyrogenneta
in
the
East
,
and
the
Roman
Emperors
in
the
West
,
before
,
&
since
the
Raign
of
Charlemain
,
or
Charles
the
great
,
were
not
without
those
necessary
defences
of
themselves
,
and
their
people
;
And
such
a
general
benefit
,
and
ready
and
certain
way
of
ayd
and
help
,
upon
all
emergencies
in
the
like
usage
of
other
Nations
,
making
it
to
be
as
a
Law
of
Nations
.
There
hath
been
in
all
or
most
Kingdoms
and
Monarchies
of
the
World
,
as
well
Heathen
,
as
Christian
,
a
dependency
of
the
Subject
upon
the
Prince
or
Soveraign
,
and
some
duties
to
be
performed
by
reason
of
their
Lands
and
Estates
,
which
they
held
under
their
Protection
,
and
in
many
of
them
,
as
amongst
the
Germans
,
Saxons
,
Franks
,
and
Longobards
,
and
several
other
Nations
descending
from
them
;
Tenures
in
capite
,
and
Knight
service
,
were
esteemed
as
a
foundation
and
subsistency
of
the
right
and
power
of
Soveraignty
and
Government
,
and
being
at
the
first
[
](A54695-e2500-b)(i)
(i)
Craig
,
de
origine
f●udor●m
,
d●eg
.
4.
precariae
ex
domini
solius
arbitrio
,
upon
courtesie
at
the
will
only
of
the
Prince
or
Lord
,
were
afterwards
Annales
from
year
to
year
,
after
that
feuda
ceperunt
esse
vitalia
,
their
Estates
or
Fees
became
to
be
for
life
,
and
after
for
Inheritance
.
So
as
by
the
Law
of
England
,
we
have
n●t
properly
Allodium
[
](A54695-e2580-b)(k)
(k)
C●ke
1.
parte
Inst●t
.
so.
1.
b.
(
saith
Coke
)
that
is
,
any
Subjects
Land
which
is
not
holden
of
some
Superior
,
and
that
Tenures
in
capite
,
appear
not
to
be
of
any
new
institution
in
the
book
of
Doomsday
,
or
in
Edward
the
Confessors
dayes
,
an.
1060.
in
King
Athelstans
,
an.
903.
in
King
Canutus
his
Raign
,
in
King
Ke●ulphus
his
Raign
,
an.
821.
or
in
King
Ina's
Raign
,
an.
720.
In
Imitation
whereof
and
the
Norman
(
no
slavish
)
Laws
,
and
usages
which
as
to
Tenures
,
by
the
opinion
of
William
Roville
of
Alenzon
,
in
his
Preface
to
the
grand
Customier
of
Normandy
,
were
first
brought
into
Normandy
out
of
England
,
by
our
Edward
the
Confessor
,
&
the
Customs
&
Policies
of
other
People
and
Kingdoms
,
prudent
Antiquity
having
in
that
manner
so
well
provided
by
reservation
of
Tenures
,
for
the
defence
of
the
Realm
.
William
the
Conquerour
sound
no
better
means
to
continue
and
support
the
Frame
and
Government
of
this
Kingdom
,
then
upon
many
of
his
gifts
and
grants
of
Land
,
(
the
most
part
of
England
being
then
by
conquest
in
his
Demeasne
)
to
reserve
the
Tenures
and
Service
of
those
,
and
their
Heirs
;
to
whom
he
gave
it
in
Capite
,
and
by
Knight
Service
;
and
if
Thomas
Sprot
[
](A54695-e2820-b)(l)
(l)
Spelmans
gloss
.
p.
●58
.
and
other
antient
Authors
and
Traditions
,
mistake
not
in
the
number
of
them
[
](A54695-e2840-b)(m)
(m)
Selden
tit
.
Hon.
p.
692
,
693.
(
for
that
there
were
very
many
is
agreed
by
the
Red
Book
in
the
Exchequer
,
and
divers
Authentiques
)
created
60215
Knights
Fees
,
which
with
their
Homage
,
incidents
,
and
obligations
,
to
serve
in
Wars
with
the
addition
of
those
many
other
Tenures
by
Knights
service
,
which
the
Nobility
,
great
men
,
and
others
,
(
besides
those
great
quantities
of
Lands
and
Tenements
,
which
they
and
many
as
well
as
the
King
,
and
others
our
succeeding
Princes
,
gave
Colonis
&
Hominibus
inferioris
notae
,
to
the
ordinary
and
inferior
sort
of
people
to
hold
in
Socage
.
Burgage
,
and
Petit
Serjeantie
)
reserved
upon
their
guifts
,
and
grants
to
their
Friends
,
Followers
,
and
Tenants
,
who
where
to
attend
also
their
mesne
Lords
in
the
service
of
their
Prince
,
could
not
be
otherwise
then
a
safety
and
constant
kind
of
defence
for
ever
after
to
this
Kingdom
;
And
by
the
Learned
[
](A54695-e2910-b)(n)
(n)
Spelman
▪
gloss
.
Sir
Henry
Spelman
said
to
be
due
,
non
solum
jure
positivo
sed
&
gentium
&
quodammodo
naturae
,
not
only
by
positive
Law
,
but
the
Law
of
Nations
,
and
in
some
sorts
by
the
Law
of
Nature
.
Especially
when
it
was
not
to
arise
from
any
compulsary
or
incertain
way
,
or
involuntary
contribution
,
or
out
of
any
personal
or
moveable
estate
,
but
to
fix
and
go
along
with
the
Land
,
as
an
easy
and
beneficial
tye
,
and
perpetuity
upon
it
,
and
is
so
incorporate
and
inherent
with
it
,
as
it
hath
upon
the
matter
a
co-existence
,
or
being
with
it
;
and
Glanvil
and
Bracton
are
of
opinion
,
that
the
King
must
have
Arms
,
as
well
as
Laws
to
Govern
by
,
and
not
depend
ex
aliorum
Arbitrio
,
it
being
a
Rule
of
Law
,
that
quando
Lex
aliquid
concedit
,
id
concedit
,
sine
quo
res
ipsa
esse
non
potest
,
when
the
Law
granteth
any
thing
,
it
granteth
that
also
which
is
necessary
and
requisite
to
it
.
And
therefore
the
old
oath
of
Fealty
,
which
by
Edward
the
Confessors
Laws
was
to
be
administred
in
the
Folcmotes
,
[
](A54695-e3030-b)(o)
(o)
LL.
Ed.
Confessor
.
cap.
35.
or
assemblyes
of
the
People
once
in
every
year
,
Fide
et
Sacramento
non
fracto
ad
defendendum
regnum
contra
Alienigenas
,
et
Inimicos
cum
Domino
suo
,
Rege
,
et
terras
,
et
honores
,
illius
omni
fidelitate
cum
eo
servare
,
et
quod
illi
ut
,
Domino
suo
Regi
intra
et
extra
regnum
Britanniae
fideles
esse
volunt
,
by
faith
and
oath
,
inviolable
to
defend
the
Kingdome
against
all
strangers
,
and
the
Kings
Enemies
,
and
the
Lands
and
dignity
of
the
King
,
to
preserve
,
and
be
faithful
to
him
,
as
to
their
Lord
,
as
well
within
,
as
without
the
Kingdom
of
Britain
,
which
was
not
then
also
held
to
be
enough
,
unlesse
also
there
were
a
tye
and
obligation
upon
the
Land
,
and
therefore
enacted
that
,
debeant
universi
liberi
homines
secundum
feodum
suum
,
&
secundum
tenementa
[
](A54695-e3080-b)(p)
(p)
Lambert
fo.
●35
▪
sua
arma
habere
,
&
illa
semper
prompta
conservare
ad
tuitionem
Regni
,
&
servicium
Dominorum
su●rum
juxta
preceptum
Domini
Regis
explendum
&
peragendum
;
every
free
man
according
to
the
proportion
of
his
Fee
and
Lands
,
should
have
his
Arms
in
readinesse
for
the
defence
of
the
Kingdom
,
and
Service
of
their
Lords
,
as
the
King
should
command
;
And
it
was
by
William
the
Conqueror
ordained
,
quod
omnes
liberi
homines
fide
et
Sacramento
[
](A54695-e3130-b)(q)
(q)
Spelman
:
gloss
in
verbo
fidelitatis
▪
affirment
,
quod
intra
&
extra
universum
Regnum
,
Willielmo
Regi
Domino
suo
fideles
esse
volunt
terras
&
honores
suos
omni
fidelitate
ubique
servare
cum
eo
&
contra
Inimicos
&
Alieniginas
defendere
,
that
all
Free-men
should
take
an
Oath
,
that
as
well
within
as
without
the
Realm
of
England
,
they
should
be
faithful
to
their
King
and
Lord
,
and
defend
every
where
him
and
his
Lands
,
Dignity
,
and
Estate
,
with
all
faithfulnesse
against
his
Enemies
and
Foreiners
;
Et
Statuit
&
firmiter
precepit
,
ut
omnes
,
Comites
,
Barones
,
Milites
,
&
Servientes
,
Teneant
se
semper
in
Armis
&
in
Equis
ut
decet
&
oportet
,
&
quod
sint
semper
prompti
&
parati
ad
servicium
suum
integrum
explendum
&
peragendum
cum
semper
opus
adfuerit
secundum
quod
debent
de
●eodis
&
tenementis
suis
de
jure
facere
,
Appointed
and
commanded
,
that
all
Earls
,
Barons
,
Knights
,
and
their
Servants
,
should
be
ready
with
their
Horse
and
Arms
,
as
they
ought
,
to
do
,
their
Service
which
they
owed
,
and
were
to
do
for
their
Fees
and
Lands
when
need
should
require
,
and
was
beneficial
to
the
Vassal
or
Tenant
.
CAP.
II.
The
holding
of
Lands
in
Capite
,
and
by
Knight
Service
,
is
no
Slavery
or
Bondage
to
the
Tenant
or
Vassal
.
FOr
his
lands
were
a
sufficient
recompence
for
the
service
which
he
performed
for
them
,
and
his
Lord
besides
the
lands
which
he
gave
the
Tenant
,
gave
him
also
a
protection
and
help
in
lieu
of
the
service
which
he
received
from
him
;
For
though
as
[
](A54695-e3230-b)(r)
(r)
Bodin
cap.
7.
Bodin
observeth
,
vassallus
dat
fidem
nec
tamen
accipit
▪
The
Tenant
makes
fealty
to
his
Lord
,
but
receiveth
none
from
him
,
there
is
betwixt
them
,
mutua
fides
et
tuendae
salutis
,
et
dignitatis
utriusque
obligatio
contracta
,
a
mutual
and
reciprocal
obligation
to
defend
one
another
.
And
when
the
Donee
had
lands
freely
conferred
upon
him
and
his
Heires
,
upon
that
consideration
,
(
omnia
feoda
,
as
well
in
Capite
and
Knights
service
tenure
,
as
Copy-hold
and
more
inferior
Tenures
,
being
at
first
,
ad
arbitrium
Domini
)
no
man
can
rightly
suppose
that
he
would
refuse
the
reservation
of
Tenure
and
incidents
unto
it
,
or
imagine
it
to
be
a
servitude
,
or
any
thing
else
but
an
Act
of
extraordinary
favour
arising
from
the
Donor
,
which
by
the
Civil
Law
and
Customes
of
Nations
,
chalenged
such
an
hereditary
gratitude
and
return
of
thankfulnesse
as
amongst
many
other
priviledges
thereupon
accrued
to
the
Donor
,
if
any
of
the
Heires
of
the
Lord
of
the
Fee
happened
to
fall
into
distresse
,
the
Heires
of
the
Tenant
,
though
never
so
many
ages
and
descents
after
,
were
to
releive
them
,
[
](A54695-e3310-b)(s)
(s)
Besoldus
discurs
.
Polit.
p.
74
▪
Spelman
gloss
.
p.
254
,
256.
Alber.
Gentilis
p.
696.
Domini
utilitatem
proferre
et
incommoda
Propellere
,
et
si
cum
poterit
non
liberaverit
eum
a
morte
feudo
sive
beneficio
suo
privabitur
,
such
a
Donee
or
Tenant
was
to
advance
the
good
of
his
Lord
,
or
Benefactor
,
and
hinder
any
damage
might
happen
unto
him
and
forfeit
and
be
deprived
of
those
lands
,
if
he
did
not
when
he
could
rescue
him
from
death
,
for
Feudum
ut
habeat
,
et
Dominum
non
juvet
rationis
non
est
,
it
is
no
reason
that
he
should
enjoy
that
land
or
benefit
,
and
not
help
or
assist
him
which
gave
it
,
and
by
our
Law
,
if
such
a
Tenant
ceased
to
do
his
service
(
if
not
hindred
by
any
legal
impediment
)
by
the
space
of
two
years
upon
a
Cessavit
per
Biennium
,
brought
by
the
Lord
,
the
land
if
no
sufficient
distresse
was
to
be
had
was
forfeited
,
if
he
appeared
not
upon
the
distresse
,
and
paid
the
arreares
.
And
such
Tenure
carrying
along
with
it
an
end
and
purpose
in
its
original
institution
,
not
only
of
preservation
and
defence
of
the
Donor
,
but
of
the
Kingdome
and
protection
also
of
the
Tenant
,
and
the
land
which
was
bestowed
upon
him
.
And
being
a
voluntary
and
beneficial
paction
submitted
unto
by
the
Tennant
(
insomuch
as
Feudum
,
whether
derived
from
the
German
word
Feec
or
warre
or
a
fide
prestanda
,
or
a
faedere
,
inter
utrosque
contracto
is
not
seldom
in
the
Civil
Law
called
beneficium
,
)
may
with
reason
enough
be
conceived
to
be
cheerfully
after
undergone
and
approved
of
by
the
Tennants
and
their
Heirs
,
receiving
many
Privileges
thereby
as
not
payign
any
other
aydes
or
Tallages
besides
the
service
which
their
Tenures
enjoyned
them
,
(
which
by
a
desuetude
or
necessity
of
the
times
is
not
now
allowed
them
)
not
to
be
excommunicated
by
the
Pope
or
Clergy
,
which
(
H.
2.
[
](A54695-e3480-b)(t)
(t)
Mat.
Paris
,
100.
amongst
other
Laws
and
Customes
observed
in
the
time
of
his
Grandfather
,
H.
1.
)
in
the
Parliament
at
Clarindon
,
claimed
as
a
special
priviledge
belonging
to
him
and
those
which
held
of
him
in
capite
,
(
which
in
those
days
was
worthily
accounted
amongst
the
greatest
of
exemptions
)
and
of
creating
like
Tenures
to
be
holden
of
themselves
with
services
of
War
Wardship
,
Marriage
,
and
other
incidents
,
to
have
their
heirs
in
minority
,
not
only
protected
in
their
persons
and
estates
,
which
in
tumultuous
and
unpeaceable
Times
,
was
no
small
benefit
,
but
to
be
gently
and
vertuously
educated
in
Bellicis
artibus
,
feats
and
actions
of
arms
taught
to
ride
the
great
horse
and
manage
him
,
and
himself
compleatly
armed
with
Shield
and
Launce
,
married
without
disparagement
in
his
own
or
a
better
rank
and
quality
,
his
equitatura
,
or
Horse
and
Arms
could
not
be
taken
in
execution
unless
he
dishonourably
absented
himself
when
his
service
was
required
and
then
all
that
he
had
was
subject
to
execution
saving
one
horse
which
was
to
be
left
him
propter
dignitatem
militiae
,
and
have
no
usury
(
which
in
those
dayes
especially
until
the
reign
of
E.
1.
By
Jews
and
a
sort
of
foreiners
called
Caursini
was
very
oppressive
and
intollerable
)
run
upon
them
for
their
fathers
Debts
whilst
they
were
in
wardship
.
Besides
many
other
great
priviledges
belonging
to
Knights
&
Gentry
(
the
original
of
many
of
whom
was
antiently
by
Arms
and
military
service
)
allowed
them
by
our
Laws
of
England
,
as
wel
as
by
the
Civil
Law
and
Law
of
Nations
,
as
to
bear
Arms
,
make
Images
,
and
Statues
of
their
Ancestors
,
and
by
the
Civil
Law
a
preheminence
that
more
credence
should
be
given
by
a
Judge
to
the
oath
of
two
Gentlemen
,
produced
as
Witnesses
,
[
](A54695-e3600-b)(u)
(u)
Barto●u●
de
testibus
.
then
to
a
multitude
of
ungentle
persons
,
ought
to
be
preferred
to
Offices
before
the
ignoble
in
●u●io
enim
pres●mitur
pro
nobili●ate
ad
efficia
regenda
and
honoured
in
the
attire
and
apparrel
of
their
bodies
as
to
wear
Silks
and
purple
colours
and
ex
cons●e●udine
non
suspenduntur
sed
decapitantur
are
not
when
they
are
to
suffer
death
for
offences
criminal
,
[
](A54695-e3640-b)(w)
(w)
Sr.
John
,
Fer●e
glory
of
generosity
.
78.
used
to
be
hanged
but
beheaded
,
with
many
other
priviledges
not
here
enumerated
,
which
our
common
people
of
England
in
their
abundance
of
freedom
have
too
much
forgotten
.
Were
so
much
respected
here
in
the
raign
of
H.
2.
saith
the
eminently
learned
Mr.
Selden
as
one
was
fined
one
hundred
pounds
(
which
in
those
days
of
more
honesty
and
less
mony
,
was
a
great
sum
of
mony
)
for
striking
a
[
](A54695-e3730-b)(x)
(x)
Selden
tit
.
●on.
783.784
.
ro●
.
Mag●
H.
2.
39
E.
3
Bracton
Chap.
de
appell
de
mayhems
.
Knight
and
another
forty
Marks
,
because
he
was
present
when
he
was
compelled
to
swear
that
he
would
not
complain
of
the
injury
done
unto
him
,
the
grand
Assize
in
a
writ
of
right
which
is
one
of
the
highest
Trials
by
Jury
and
Oath
in
the
Law
of
England
is
to
be
chosen
by
Knights
and
out
of
Knights
&
a
Baron
in
a
Jury
for
or
against
him
,
may
challenge
the
Pannel
if
one
Knight
at
the
least
were
not
returned
of
the
Jury
,
if
a
Ribaud
or
Russian
stroke
a
Knight
without
cause
he
was
to
loose
the
hand
that
struck
him
,
Kings
have
Knighted
their
eldest
Sons
,
and
somtimes
sent
them
to
neighbour
Kings
to
receive
that
Honour
,
and
Barons
,
and
Earls
have
taken
it
for
an
addition
of
Honour
,
and
not
any
lessening
to
be
knighted
.
And
had
no
cause
at
all
to
dislike
such
military
Tenures
,
which
were
not
called
vassalage
,
as
Common
People
may
now
mistake
the
word
,
but
from
vassus
or
Cliens
qui
pro
beneficio
accepto
fidem
suam
autori
benificii
obligat
or
from
Gesell
,
a
German
word
which
signifieth
Socius
or
Commilito
,
a
fellow
Souldier
,
the
name
and
profession
reason
and
cause
of
it
being
so
honourable
and
worthy
.
Or
to
deem
them
to
be
burthens
which
were
at
the
first
intended
and
taken
to
be
as
gifts
and
favours
,
which
none
of
the
sons
of
men
,
who
are
Masters
of
any
sense
or
reason
do
use
to
find
fault
with
,
but
may
well
allow
them
to
be
very
far
distant
from
Slavery
,
when
as
Servitude
is
properly
,
[
](A54695-e3870-b)(y)
(y)
Selden
tit
.
hon.
ca.
5.784
.
quum
quod
acquiritur
servo
acquiritur
Domino
when
that
which
is
gained
or
acquired
by
the
servant
is
justly
and
properly
the
Lords
,
and
a
freeman
is
contra-distinguished
by
quod
acquirit
,
sibi
acquirit
,
in
that
which
he
gaineth
is
his
own
,
or
hath
a
property
in
it
and
that
among
the
Southern
Nations
(
a
more
gentle
and
merciful
bondage
being
paternd
by
that
of
Abraham
and
his
successors
the
Patriarchs
and
allowed
by
the
rules
and
government
of
God
,
)
dura
erat
servitus
Dominorum
imperia
gravia
,
service
or
the
condition
of
Servants
was
hard
,
and
the
severity
of
Masters
great
,
who
had
potestatem
vitae
&
necis
,
power
of
life
and
death
over
their
Servants
who
having
nothing
which
they
could
call
their
own
,
but
their
misery
,
were
put
to
maintain
their
Masters
out
of
their
labours
and
enduring
vilissima
et
miserrima
ministeria
,
all
manner
of
Slaveries
,
ab
omni
Militia
arcebantur
were
not
suffered
to
know
or
have
the
use
of
Arms
,
apud
Boreales
tamen
gentes
justior
suit
semper
servitus
et
clementior
,
but
amongst
the
Northern
Nations
there
was
a
more
just
and
gentle
usage
of
their
Servants
for
that
they
did
devide
their
Lands
&
Conquests
amongst
their
Souldiers
and
Servants
pactionibus
interpositis
inter
Dominum
et
servientem
de
mutua
Tutela
upon
certain
agreements
betwixt
them
for
mutual
defence
.
Which
made
our
English
as
well
as
other
Nations
abundantly
contented
with
it
as
may
appear
by
the
acquiescence
of
them
and
the
Normans
,
under
the
Norman
and
next
succeeding
Kings
,
and
of
Edward
the
Confessors
Laws
,
and
other
English
customes
retaining
them
,
the
reckoning
of
it
amongst
their
liberties
,
fighting
for
them
,
and
adventuring
their
lives
and
all
that
they
had
at
the
making
of
[
](A54695-e4040-b)(z)
(z)
M.
S.
Mr.
Rob.
Hill
concerning
Tenures
.
Magna
Charta
,
and
in
the
Barons
wars
,
wherein
those
great
spirits
,
as
Mr.
Robert
Hill
saith
,
so
impatient
of
tyranny
,
did
never
so
much
as
call
in
question
that
great
and
antient
prerogative
,
of
their
Kings
or
except
against
Tenures
,
escuage
,
releifs
,
and
other
moderate
and
due
incidents
thereof
.
The
care
taken
in
the
Parliament
of
[
](A54695-e4100-b)(a)
(a)
52
H.
3.
Stat.
Marl●bridge
.
52
H.
3.
to
prevent
the
deceiving
of
the
Lords
of
their
wardships
by
fraudulent
conveyances
,
or
Leases
,
of
18
E.
10.
in
the
making
of
the
statute
of
Quia
[
](A54695-e4160-b)(b)
(b)
18
E.
1.
Quia
emptores
&c.
emptores
terrarum
,
that
the
Feoffees
or
Purchasers
of
Lands
holden
of
mesne
,
Lords
should
hold
by
such
services
and
Customes
as
rhe
Feoffor
did
hold
the
Registring
and
Survey
of
Knights
Fees
by
H.
2.
H.
3.
E.
1.
E.
3.
and
H.
6.
Escuage
Aydes
and
Assessements
in
Parliament
and
the
Marshals
Rolls
in
time
of
War
and
necessity
.
The
esteem
antiently
held
of
the
benefits
and
liberties
accrewed
by
them
insomuch
as
many
have
by
leave
of
their
Lords
changed
their
Socage
Tenures
into
Knights
service
,
[
](A54695-e4270-b)(c)
(c)
Somner
de
Gavelkind
60.
and
thought
themselves
enfranchised
thereby
.
The
value
put
upon
them
by
the
Commons
of
England
in
the
Parliament
of
6.
H.
4.
when
they
petitioned
the
King
in
that
Parliament
,
[
](A54695-e4320-b)(d)
(d)
Rot.
Parl.
6
H.
4.
that
all
Feoffements
of
Lands
and
Tenements
holden
by
Knight
service
,
and
done
by
Collusion
expressed
in
the
Statute
of
Marlbridge
might
upon
proof
thereof
be
utterly
void
.
The
opinion
of
Chief
Justice
Fortescue
in
the
raign
of
H.
6.
in
his
Book
de
laudibus
legum
Angliae
commending
them
as
most
necessary
as
well
for
the
Common-wealth
,
[
](A54695-e4410-b)(e)
(e)
Fortescue
de
laudibus
legum
Angliae
ca.
44.
as
for
those
and
their
Heirs
who
held
their
Land
by
such
Tenures
.
The
retaining
of
it
by
the
Germans
who
did
as
most
of
the
Northern
Nations
,
saith
Bodin
,
libertatem
spirare
,
only
busie
themselves
to
gain
and
keep
their
liberty
and
from
the
time
of
their
greatest
freedom
to
rhis
present
,
and
now
also
,
could
never
tell
how
to
find
any
fault
with
them
.
Their
Princes
,
Electors
of
the
Empire
,
and
the
Emperial
Cities
,
or
Hanse
townes
,
who
take
thrmselves
to
be
as
free
as
their
name
of
freedom
or
liberty
doth
import
,
not
at
this
day
disdaining
or
repining
at
them
,
&
the
Switzers
in
their
greatest
thoughts
of
freedom
,
taking
their
holding
of
the
Empire
in
Capite
to
be
no
abatement
of
it
.
The
use
of
them
by
the
antient
Earles
and
Governours
of
Holland
,
Zealand
,
and
West-freezland
who
having
been
very
successful
in
their
Wars
without
the
use
of
Tenures
in
Capite
or
knights
service
,
Cornel
Neos●ad
▪
de
Feudi
juris
scripti
Hollandici
,
West
Frisicique
successione
ca.
2.4
.
et
5.
but
finding
that
ipsa
virtus
amara
alioqui
per
se
atque
aspera
praemiis
excitanda
videretur
simul
uti
fisco
,
ac
Reipublicae
consuler●tur
,
saith
Neostadius
,
that
the
hardship
of
vertue
needed
to
be
sweetened
with
some
rewards
,
&
that
the
old
custom
of
the
Longobards
in
creating
,
and
reserving
Tenures
in
Capite
,
and
by
knights
service
,
would
be
not
only
a
saving
of
Charges
to
their
Treasury
,
but
a
good
,
and
benefit
to
their
Provinces
or
Common-wealth
,
did
create
and
erect
such
or
the
like
Tenures
.
And
to
this
day
by
the
Scotish
Nation
in
a
time
,
and
at
the
instant
of
their
late
obtaining
(
if
they
could
be
thankful
for
them
)
of
all
manner
of
liberties
and
freedom
▪
do
sufficiently
evince
them
to
be
as
far
from
Slavery
as
they
are
always
necessary
.
Wherein
,
if
the
primitive
purpose
and
institution
of
Tenures
in
capite
knight
service
and
Socage
be
rightly
considered
,
every
man
may
without
any
violence
or
Argument
used
to
his
reason
or
Judgment
,
if
self-conceitedness
and
obstinacy
doe
not
choke
or
disturb
his
Int●l●●ctuals
;
Easily
conclude
,
whether
,
if
it
were
now
〈…〉
Choice
,
he
would
not
rather
take
Land
by
a
Service
or
Condition
,
only
to
go
to
warr
with
the
King
,
or
his
mesne
Lord
,
when
Wars
shall
happen
,
which
in
a
Common
course
of
accidents
may
happen
,
but
once
or
not
at
all
in
his
life
time
,
&
then
not
tarry
with
him
above
forty
days
or
less
,
according
to
his
proportion
of
Fee
or
Land
holden
,
&
to
have
escuage
of
his
own
Tenants
,
if
they
shall
refuse
to
go
also
in
person
with
him
,
and
to
have
his
heir
,
if
he
chanced
to
die
which
in
times
of
less
Luxury
happened
not
so
often
,
&
but
once
perhaps
in
three
or
four
descents
,
to
be
left
in
his
minority
to
be
better
educated
than
he
could
have
been
in
his
life
time
,
married
without
disparagement
and
himself
as
well
as
his
own
&
Childrens
estates
protected
.
Or
accept
of
a
Mannor
freely
granted
him
,
to
hold
of
the
King
,
by
an
honourable
service
of
grand
Serjeanty
.
Then
to
hold
in
Socage
and
be
●yed
to
do
yearly
and
oftner
some
part
of
Husbandry
,
or
drudgery
upon
his
Lords
Land
for
nothing
,
or
pay
an
annual
Rent
,
besi●●●
many
other
servi●e
payments
&
duties
as
for
Rent
Oats
,
rent
Timber
,
rent
Wood
,
Mal●
,
rent
Ho●y
,
rent
for
fishing
,
&
liberty
to
Plow
,
at
certain
seasons
and
the
like
.
And
if
they
had
been
esteemed
,
or
taken
to
be
a
bondage
the
[
](A54695-e4660-b)(h)
(h)
Rot.
Parl.
1
R.
2
▪
n.
16.
Commons
of
Eng.
certainly
in
the
Parliament
of
1
R.
2.
Would
not
by
their
Speaker
have
commended
the
Feats
of
Chivalry
,
&
shewed
to
the
King
that
thereby
the
people
of
England
were
of
all
Nations
renoumed
,
and
how
by
the
decay
thereof
the
Honour
of
the
Realm
was
,
and
would
dayly
decrease
.
Or
in
[
](A54695-e4740-b)(i)
(i)
Rot.
Parl.
9
H.
4.
n.
46.
9
H.
4.
Petitioned
the
King
,
that
upon
seisure
of
the
Lands
of
such
as
be
,
or
should
be
attainted
,
or
grants
of
such
Lands
by
the
King
,
the
services
therefore
due
to
other
Lords
might
thereupon
be
reserved
.
The
good
and
original
benefit
whereof
derived
to
the
Tenant
from
the
King
,
or
mesne
Lord
that
first
gave
the
Lands
,
and
the
consideration
,
that
by
the
taking
of
that
a
way
,
every
one
was
in
all
justice
&
equity
to
be
restored
to
his
primitive
propriety
and
that
which
was
his
own
,
and
so
to
reduce
the
Lands
to
the
Heirs
of
those
that
at
first
gave
them
restraining
them
might
be
in
all
probability
the
reason
that
not
only
Capite
,
and
Knight
service
Tenures
,
but
Copyhold
&
other
Tenures
and
estates
also
having
as
much
or
more
pretence
or
fancy
of
servitude
in
them
,
were
never
so
much
as
petitioned
against
in
Parliament
to
be
utterly
taken
away
.
Some
instance
whereof
may
be
had
in
that
of
Villinage
which
being
the
heaviest
and
most
servile
of
all
kind
of
Tenures
(
though
some
thousand
Families
in
this
Kingdom
(
there
being
antiently
some
Tenants
in
villenage
belonging
almost
to
every
Mannor
)
by
desue●ude
&
expiration
of
that
course
of
Tenures
,
now
esteeming
themselves
nothing
less
were
never
in
any
Parliament
desired
to
be
abolished
.
Bracton
&
F●eta
,
&
other
antient
Authors
in
our
English
Laws
alleging
it
to
be
de
jure
Gentium
and
that
nihil
detrahit
liberta●i
is
not
to
be
reckon'd
a
servitude
,
much
less
surely
then
are
Tenures
in
Capite
and
Knight
service
,
which
the
learned
Grotius
in
the
utmost
that
he
could
in
his
Book
de
antiquitate
reipublicae
Batavicae
,
alleage
for
the
freedom
and
independency
of
the
Hollanders
,
though
he
could
not
deny
but
that
the
German
Emperours
did
claim
them
to
hold
in
vassalage
,
or
as
a
Feiff
o●
the
Empire
,
will
not
allow
to
be
any
derogation
from
their
liberty
,
[
](A54695-e4910-b)(h)
(h)
Hugo
Gotius
de
antiquitate
Reipublicae
Batavicae
edit
an
.
1630.
53.
L.
no●
dubito
ss.
de
Captivis
.
but
concludes
,
quod
etsi
optinerent
non
eo
desinerent
Hollandi
esse
liberi
,
cum
ut
Proculus
egregie
demonstrat
nec
Clientes
liberi
esse
desinant
,
quia
Patronis
dignitate
pares
non
sunt
,
unde
liberi
feudi
orta
est
appellatio
,
That
if
it
should
be
granted
it
would
make
the
Hollanders
not
to
be
free
,
when
as
Proculus
very
well
demonstrateth
Clients
(
or
vassails
)
did
not
cease
to
be
free
because
they
are
not
equall
to
their
Patrons
in
dignity
,
whence
the
name
or
Term
of
franck
Fee
was
derived
,
and
Sr.
Henry
Spelman
saith
,
quemadmodum
igitur
omnibus
non
licuit
feudum
dare
,
ita
nec
omnibus
accipere
,
as
it
was
not
lawful
for
every
one
to
give
lands
to
hold
of
him
,
so
it
was
not
allowed
to
every
one
to
take
,
prohibentur
enim
ignobiles
servilisque
conditionis
homines
(
et
quidem
juxta
morem
Heroicis
seculis
receptum
)
munera
subire
militaria
,
for
ignoble
and
men
of
servile
condition
according
to
the
usage
of
Heroick
times
,
were
●orbid
to
attempt
military
Offices
,
and
Imployments
,
as
may
be
evidenced
also
in
those
antient
Customes
and
usages
of
those
grand
&
eminent
Commonwealths
of
Rome
,
and
Athens
,
in
the
latter
of
which
notwithstanding
the
opinion
of
those
who
deny
the
use
of
Tenures
by
military
service
,
to
have
been
in
Greece
before
the
time
of
Constantine
Porphyrogenneta
,
it
appears
that
Solon
had
long
before
made
a
second
classis
or
degree
of
such
as
could
yearly
dispend
three
hundred
Bushels
of
Corn
,
&
other
liquid
fruits
,
[
](A54695-e5070-b)(l)
(l)
Sigonius
de
●ntiquo
jure
Civi●●n
Rom.
54.97
.
et
de
Repub.
Athen.
47.4
.
Plutarch
in
vita
Solonis
.
&
were
able
to
find
a
Horse
of
service
&
called
them
Knights
,
Soli
igitur
saith
judicious
Spelman
,
nobiles
feudorum
susceptibiles
erant
quod
prae●●usticis
et
ignobilibus
longe
agiliores
habiti
sunt
ad
tractanda
arma
regendamque
militiam
.
And
therefore
the
Nobility
and
Gentry
were
only
capable
of
such
Fees
or
Tenures
in
regard
that
they
were
more
agile
and
fitter
for
the
use
of
Arms
and
military
Government
and
Order
,
[
](A54695-e5130-b)(m)
(m)
Perionius
de
Rom.
et
G●ae●
.
Magistrat
.
and
was
therefore
called
by
the
French
heritages
nobles
,
et
liberis
et
ing●nuis
solummodo
competunt
,
a
noble
inheritance
,
and
only
belonged
to
men
that
were
free
born
and
of
ran●k
and
quality
.
And
were●no
longer
ago
than
in
Anno
Dom.
1637.
in
the
argument
of
the
case
of
〈◊〉
Ship-mony
in
the
Exchecquer
Chamber
,
so
little
thought
to
be
a
Slavery
to
the
people
,
or
any
unjust
or
illegal
prerogative
of
the
Kings
,
as
Mr
,
Oliver
,
St.
John
,
(
none
of
the
reverend
and
learned
Judges
of
England
then
contradicting
it
)
alleaged
them
to
be
for
the
defence
of
the
Realm
,
and
that
they
were
not
ex
provis●one
hominis
,
not
of
mans
provision
,
but
ex
provisione
legis
,
ordained
by
Law
,
and
that
the
King
was
to
have
the
benefit
that
accrewed
by
them
with
Wardships
primer
seisins
Licences
of
Alienation
and
Reliefs
,
as
well
to
defend
his
Kingdom
,
as
to
educate
his
Wards
.
Nor
can
they
be
accounted
to
be
a
Bondage
or
Slavery
;
unless
we
should
fancy
(
which
would
like
a
dream
also
vanish
,
when
men
shall
awake
into
their
better
senses
and
reason
)
that
those
ornaments
in
peace
and
strength
in
time
of
war
,
which
have
been
for
so
many
ages
and
Centuries
since
King
Inas
time
,
which
was
in
an.
721
now
above
940
years
agoe
(
and
may
have
beene
long
before
that
)
ever
accompted
to
be
harmlesse
and
unblameable
,
and
in
King
Edgars
Time
,
by
a
Charter
made
by
him
unto
Oswald
Bishop
of
Worcester
,
said
to
be
constitutione
antiquorum
temporum
,
of
antient
time
before
the
date
of
that
Charter
,
were
an
oppression
,
that
all
rankes
and
sorts
of
the
People
should
endure
a
slavery
and
not
know
nor
feel
it
,
nor
any
of
the
contemporary
writers
,
antient
or
modern
take
notice
of
it
,
that
the
Peers
of
this
Kingdom
should
be
in
Slavery
,
and
not
know
or
believe
it
;
The
The
gentry
of
the
Kingdom
should
be
as
worshipful
Slaves
,
and
not
understand
or
perceive
it
;
And
the
Commons
of
the
Kingdom
what
kind
of
Slaves
it
should
please
any
,
without
any
cause
,
to
stile
them
;
That
Honours
,
Gifts
,
and
Rewards
,
Protection
,
Liberties
,
Privileges
,
and
Favours
,
to
live
well
and
happily
of
free
gift
and
without
any
money
paid
for
the
purchase
,
should
be
called
a
Bondage
,
when
as
a
Tenure
in
Socage
,
ut
[
](A54695-e5310-b)(n)
(n)
●●kam
●ap
.
quae
per
solam
consuetudinem
&c.
&
Coke
1
part
.
in●●it
.
cap.
5.
〈◊〉
.
117.
in
condemnatos
ultrices
manus
●●ttant
,
ut
alios
suspendio
ali●s
membr●rum
detruncatione
,
vel
alijs
modis
juxt●
quantitatem
delicti
puniat
;
To
be
an
Hangman
or
Executioner
of
such
as
were
condemned
to
suffer
death
or
any
loss
of
Members
according
to
the
nature
of
their
offences
,
could
neither
be
parted
with
,
or
taken
to
be
any
thing
but
a
benefit
.
And
that
a
claim
was
made
by
one
th●●
held
Lands
in
the
Isle
of
Silly
,
to
be
the
Exe●cutioner
of
Felons
which
there
was
then
usualy
done
by
letting
every
one
of
them
down
in
a
Basket
,
from
a
ste●p
Rock
,
with
the
provision
only
of
two
Loaves
of
Barly
bread
,
and
a
pot
of
water
to
expect
as
they
hung
the
mercy
of
the
Sea
,
when
the
Tide
should
bring
it
in
.
And
that
those
which
held
by
the
easy
and
no
dishonourable
Tenures
of
being
Tenants
in
Capite
,
and
Knight●service
,
should
as
Mr.
Robert
Hill
a
learned
and
judicious
Antiquary
in
the
beginning
of
the
Reign
of
King
James
well
observeth
,
rack
and
lease
their
Lands
to
their
under
Tenants
,
at
the
highest
Rents
and
R●tes
,
and
neither
they
nor
their
Tenants
call
that
a
slavery
which
(
though
none
at
all
)
may
seem
to
be
a
far
greater
burden
than
any
Ten●nt
in
Capite
,
and
by
Knight
service
which
holdeth
of
the
King
,
or
any
Tenant
that
holdeth
by
knight
service
of
a
mesne
Lord
endureth
when
as
the
one
is
always
more
like
to
have
the
bag
and
burden
,
which
he
must
pay
for
,
laid
upon
him
in
his
Bargain
,
then
the
other
who
is
only
to
welcom
a
gift
or
favour
,
for
which
he
payeth
but
a
grateful
acknowledgment
.
Nor
is
there
in
that
which
is
now
so
much
complained
of
,
and
supposed
to
be
a
Grievance
,
which
,
(
whatever
it
be
,
except
that
which
may
as
to
some
particular
cases
happen
to
the
best
and
most
refined
Constitutions
,
and
the
management
thereof
)
hath
only
been
by
the
fault
of
some
people
,
who
to
be
unfaithful
,
and
deceive
the
King
in
his
Wardships
,
or
other
Duties
,
have
some
times
cast
themselves
into
the
trouble
and
extremityes
which
were
justly
put
upon
them
for
concealments
of
Wardships
,
or
making
fraudulent
conveyances
to
defeat
the
just
Rights
of
the
King
,
or
their
superiour
Lords
,
or
by
some
exorbitances
,
or
multiplications
of
Fees
since
the
erecting
of
the
Court
of
Wards
and
Liveries
by
an
Act
of
Parliament
in
32
H.
8.
any
malum
in
se
,
original
innate
or
intrinsecal
cause
of
evil
or
inconvenience
in
them
,
Active
or
Pr●xime
meerly
arising
from
the
Nature
or
Constitution
of
Tenures
in
Capite
and
Knight
Service
.
To
be
found
upon
the
most
severe
examinations
and
inquiries
which
may
be
made
of
them
,
nor
are
they
so
large
in
their
number
as
to
extend
or
spread
themselves
into
an
universality
of
grievances
,
nor
were
or
are
any
publick
or
extraordinary
Grievance
.
CHAP.
III.
Tenures
of
Lands
in
Capite
and
by
Knight
service
,
are
not
so
many
in
number
as
is
supposed
,
nor
were
,
or
are
any
publick
or
general
grievance
.
FOr
the
Number
of
Knights
▪
Fees
which
were
holden
in
Capite
and
by
Knight
service
of
the
King
,
have
by
tract
of
time
Alienations
Purprestures
,
Assarts
,
incroachments
,
deafforrestations
,
and
concealments
,
been
exceedingly
lessened
▪
and
decreased
.
28015
which
were
said
to
be
parcel
of
the
60215
knights
Fees
created
by
William
the
Conquerour
,
being
granted
afterwards
by
him
or
his
successors
to
Monasteries
Abbyes
,
Priories
,
and
religious
houses
,
or
parcelled
into
Glebes
or
other
endowments
belonging
to
,
Cathedrals
,
Churches
,
and
Chantries
,
or
given
away
in
Mortmain
,
and
very
many
quillets
and
parcels
of
Land
after
the
dissolution
of
the
Abbyes
,
and
religious
houses
,
not
exceeding
the
yearly
value
of
forty
shillings
.
And
now
far
exceeding
that
value
granted
in
Socage
by
King
Henry
the
eighth
,
besides
many
other
great
quantities
of
dissolved
Abbyes
and
religious
Lands
granted
to
be
holden
in
Socage
.
Much
of
the
Abbye
Lands
retained
in
the
Crown
or
Kings
hands
,
as
part
of
the
Royal
Patrimony
,
and
many
Mannors
and
great
quantities
of
Land
granted
to
divers
of
the
Nobility
,
gentry
,
and
others
,
with
reservations
many
times
of
Tenures
of
but
half
a
knights
Fee
,
when
that
which
was
granted
would
after
the
old
rate
or
proportion
of
knights
Fees
have
been
three
or
four
knights
Fees
or
more
,
and
somtimes
as
much
or
more
then
that
(
no
rule
at
all
as
touching
the
proportions
of
Lands
or
Tenures
,
being
then
in
such
an
abundance
of
Land
and
Revenue
as
by
the
dissolution
of
the
Abbye●
came
into
the
Kings
hands
or
disposing
〈◊〉
all
kept
)
which
might
have
made
many
knights
Fees
were
not
seldom
granted
with
a
Tenure
,
only
of
a
twentieth
or
fortieth
,
and
sometimes
an
hundreth
part
of
a
knights
Fee
,
whereby
the
knights
Fees
which
were
granted
to
the
Religious
houses
being
almost
half
of
the
number
which
William
the
Conquerour
is
said
at
the
first
to
have
created
,
might
well
decrease
into
a
smaller
number
and
many
of
those
which
diverse
of
the
Nobility
and
great
men
held
of
the
King
,
as
those
of
Ferrers
,
Earl
of
Darby
and
the
Earls
of
Chester
,
those
that
came
by
marriage
as
by
one
of
the
Daughters
and
Heirs
of
〈◊〉
Earl
of
Hereford
,
and
Essex
,
by
escheat
,
as
the
Earldome
of
Clare
,
or
by
Resumptions
,
Dissolution
of
Priors
,
Alien●
,
Knights
,
of
St.
John
of
Hierusalem
Attainders
,
Escheats
or
Forfeitures
,
which
in
the
Barons
Wars
were
very
many
,
or
holden
as
of
honors
&c.
Merging
and
devolving
into
the
Royal
Revenue
,
did
take
of
very
many
of
the
number
,
especially
since
the
making
of
the
Act
of
Parliament
in
1
●
.
6.
cap.
4.
that
there
should
be
no
Tenure
in
Capite
of
the
King
by
reason
of
Lands
coming
to
the
hands
of
him
or
any
of
his
Progenitors
,
Heirs
,
or
Successors
,
by
Attainders
of
Treason
,
misprision
of
Treason
Premunires
,
dissolution
or
surrender
of
Religious
Houses
,
And
not
a
few
of
the
Mesne
Lords
and
those
which
held
also
of
the
King
did
make
as
great
an
abatement
in
their
Tenures
,
by
releasing
and
discharging
their
services
before
the
making
of
the
Statute
of
Quia
emptores
terrarum
,
granting
Lands
in
Socage
,
Franck
Almoigne
,
or
by
copy
of
Court
Roll
,
and
casting
out
a
great
part
of
their
Lands
,
as
well
as
the
Kings
of
England
did
,
not
Forrests
,
Chases
,
&
many
vast
Commons
which
they
laid
out
in
Charity
,
for
the
good
of
the
poorer
sort
of
people
,
infranchising
of
a
great
number
of
Copyholders
,
selling
&
giving
away
many
and
great
parcels
of
their
demesne
Lands
,
disparking
of
many
of
their
Parks
,
&
deviding
them
into
many
Tenements
to
be
holden
in
Socage
,
endowing
of
Churches
,
Chantries
,
religious
houses
,
&
the
like
,
the
forrests
,
Chases
and
Commons
of
the
Kingdom
making
very
near
a
tenth
part
in
ten
of
the
Lands
of
the
Kingdom
,
and
the
Socage
Lands
,
Burgage
,
Franck
Almoigne
,
and
Copyholds
more
than
two
parts
in
three
of
all
the
remainder
of
the
Lands
of
the
Kingdom
.
So
as
it
is
not
therefore
improbable
but
that
there
are
now
not
above
ten
thousand
,
or
at
most
,
a
fourth
part
of
those
62015.
Knights
Fees
to
be
found
.
And
that
in
antient
and
former
times
either
by
reason
that
great
quantities
of
Mannors
and
Lands
,
as
much
sometimes
as
amounted
to
a
third
part
of
a
Shire
or
County
were
in
the
Nobilities
or
great
mens
possessions
,
some
of
whom
held
of
the
King
a
100
or
more
Mannors
,
and
had
as
many
Knights
Fees
holden
of
them
,
besides
some
Castles
,
Forrests
,
Parks
,
and
Chases
,
or
that
the
two
Escheators
which
were
many
times
all
that
were
in
England
,
the
one
on
this
side
,
the
other
beyond
Trent
,
did
not
nor
could
not
so
carefully
look
to
the
death
of
the
Kings
Tenants
,
which
the
Statute
of
14
E.
3.
ca.
8.
complaineth
of
or
that
the
smaller
sort
of
Lands
in
Capite
,
or
mean
mens
estates
were
not
so
much
looked
after
(
And
yet
the
old
Records
of
the
Kingdome
do
speak
a
great
deal
of
care
,
and
looking
after
every
part
of
the
Kings
Revenew
,
)
the
not
mentioning
in
deeds
or
conveyances
of
whom
or
how
the
Land
was
holden
,
the
more
frequent
use
of
Feoffements
with
Livery
&
seisin
in
former
times
(
which
being
not
Inrolled
,
hindred
or
obstructed
,
the
vigilance
of
the
Escheators
and
Feodaries
,
)
their
sleepinesse
in
permitting
where
any
one
Mannor
or
parcel
was
holden
in
Capite
,
many
other
Mannors
or
Lands
of
the
same
Tenure
to
be
found
in
the
same
Inquisition
by
an
Ignoramus
of
the
Tenure
&
services
&
the
craft
&
industry
of
many
,
if
not
most
men
to
evade
and
elude
,
as
much
as
they
can
,
the
Law
or
any
Acts
of
Parliament
,
though
when
they
are
sometimes
catched
they
dearly
pay
for
it
.
Or
by
some
other
cause
or
reason
not
yet
appearing
many
of
the
said
Knights
Fees
are
lost
and
never
to
be
discovered
,
the
Offices
post
mortem
now
extant
in
the
Tower
of
London
,
being
in
the
last
year
of
the
reign
of
King
H.
3.
in
the
beginning
of
whose
reign
they
first
began
to
be
regularly
found
,
and
recorded
but
—
187.
in
an
.
35.
E.
1
—
153.
in
an.
20
E.
2
—
52.
&
of
the
succeeding
Kings
untill
the
end
of
E.
4.
when
such
Tenures
were
most
valued
and
respected
,
are
in
every
year
but
few
in
number
,
sometimes
less
than
200
,
and
many
times
not
above
300
,
in
the
most
plentiful
years
of
those
times
.
And
of
the
Knights
Fees
&
Lands
holden
in
Capite
and
by
Knight
service
which
are
now
to
be
discovered
in
the
greatest
diligence
of
Escheators
&
their
better
looking
unto
them
in
this
last
Century
of
years
,
where
there
hath
been
an
Escheator
for
the
most
part
in
every
County
to
look
to
the
Tenures
and
Wardships
,
there
will
not
upon
exact
search
thereof
appear
to
be
in
an.
21
Jac.
Regis
any
more
than
71.22
Jac.
73
—
in
2
Car.
Regis
primi
—
112
in
3
Car.
Regis
primi
—
85.
Custodies
&
wardships
granted
,
under
the
great
Seal
of
England
which
in
Wardships
of
any
Bulk
or
concernment
doe
most
commonly
pass
that
way
leaving
those
of
ordinary
and
lesser
value
to
passe
only
under
the
Seal
,
of
the
Court
of
Wards
and
Liveryes
&
in
an.
10
Car.
primi
.
not
above
—
450
offices
post
mortem
some
of
which
did
only
entitle
the
King
to
a
Livery
,
are
to
be
found
filed
&
returned
;
&
in
an.
11
Car.
Regis
not
above
;
580
which
may
give
us
some
estimate
of
the
small
number
which
now
remains
of
that
huge
number
which
former
ages
&
writers
talked
of
,
&
that
after
that
rate
if
there
be
10000
Knights
Fees
holden
in
Capite
there
is
scarce
a
twentieth
part
falls
one
year
with
another
to
make
any
profit
or
advantage
to
the
King
,
by
Wardships
,
Marriage
,
Reliefs
,
primer
seisin
&c.
Nor
are
there
unless
by
some
unluckiness
or
accidents
commonly
above
one
in
every
three
or
four
discents
in
a
Family
,
holding
in
Capite
,
which
do
die
and
leave
their
Heirs
in
minority
,
&
then
also
it
is
either
more
of
less
chargeable
to
the
Family
,
as
the
Males
shall
be
nearer
unto
,
or
more
remote
from
their
full
age
of
21
,
or
the
Females
to
their
age
of
16
,
some
of
the
supposed
Inconveniences
being
prevented
by
an
earlier
marriage
of
the
Inheritrixes
,
or
the
Kings
giving
the
honour
of
Knighthood
to
some
of
the
Males
in
their
minoritie
,
which
dispenseth
with
the
value
of
their
marriages
.
And
yet
those
Tenures
Wardships
,
and
incidents
thereunto
,
though
so
antient
,
legal
,
and
innocent
in
their
use
and
institution
,
were
not
without
the
watchful
eye
and
●are
of
Parliaments
,
to
prevent
or
pluck
up
any
Grievances
,
which
like
weeds
in
the
best
of
Gardens
,
or
per
accidens
,
might
annoy
or
blemish
those
fair
flowers
of
the
Crown
Imperial
,
as
that
of
9
H.
3
—
that
the
Tenant
,
by
Knight
Service
,
being
at
his
full
age
when
his
Ancestor
dyeth
shall
have
his
inheritance
by
the
old
relief
according
to
the
old
custom
of
the
Fees
the
Statute
of
Merton
in
anno
9
H.
3
ca
—
2.
and
3
E.
1
ca
—
2●
.
the
Kings
Tenant
being
at
full
age
shall
pay
according
to
the
old
custom
that
is
to
say
five
pounds
for
a
Knights
Fee
or
lesse
according
to
proportion
ca
—
4
and
5.
The
Keeper
of
the
Lands
of
the
Heir
within
age
shall
not
take
of
the
Lands
of
the
Heir
but
reasonable
issues
customs
and
services
,
without
distruction
and
wast
of
his
men
and
goods
,
shall
keep
up
the
Houses
,
Parks
,
Warrens
,
Ponds
,
Mills
,
and
other
things
pertaining
to
the
Lands
,
with
the
issues
of
the
Lands
,
and
deliver
the
Lands
to
the
Heir
when
he
come●h
of
full
age
stored
with
Plowes
and
all
other
things
,
at
least
as
he
recieved
them
ca
—
7.
A
Widdow
shall
have
her
Marriage
inheritance
and
tarry
in
the
chief
house
of
her
Husband
forty
days
after
her
Husbands
death
with
reasonable
Estovers
within
which
time
her
Dower
shall
be
assigned
,
if
it
were
not
assigned
before
,
The
Wards
shall
not
be
married
to
Villains
or
other
,
as
Burgesses
where
they
be
disparaged
or
within
the
age
of
fourteen
years
or
such
age
as
they
cannot
consent
to
mariage
,
and
if
they
do
and
their
Friends
complain
thereof
,
the
Lord
shall
loose
the
Wardship
,
and
all
the
profits
that
thereof
shall
be
taken
,
and
they
shall
be
converted
to
the
use
of
the
Heirs
,
being
within
age
after
the
disposition
and
provision
of
their
Friends
for
the
shame
done
unto
them
,
a
Writ
of
Mortd'auncester
shall
be
allowed
to
the
Heir
with
dammages
against
the
Lord
that
keepeth
his
Lands
after
he
is
of
full
age
.
Heirs
within
age
shall
not
loose
their
Inheritance
by
the
neglect
or
wilfulnesse
of
their
Guardians
,
52
H.
3.
cap
7
and
16.
The
Lord
shall
not
after
the
age
of
fourteen
years
keep
a
Female
unmarried
more
than
two
years
after
,
and
if
he
do
not
by
that
time
marry
her
she
shall
have
an
Action
to
recover
her
Inheritance
,
without
giving
any
thing
for
her
Wardship
or
Inheritance
,
3
E.
1
ca.
22.
A
Writ
of
Novel
disseisin
shall
be
awarded
against
any
Escheator
that
by
colour
of
his
Office
shall
disseise
any
of
his
freehold
with
double
dammages
,
and
to
be
grievously
amerced
Westmr.
1.3
E.
1
cap.
24
In
aid
to
make
the
Son
of
the
Lord
a
Knight
or
to
marry
the
Daughter
,
there
shall
be
taken
but
twenty
shillings
for
a
whole
Knights
Fee
,
and
after
that
rate
proportionably
ibm
.
35.
If
the
Guardian
maketh
a
Feoffement
of
the
Wards
Lands
,
he
shall
have
a
Writ
of
Novel
disseisin
,
and
upon
recovery
the
Seisin
shall
be
delivered
to
the
next
friend
,
and
the
Guardian
shall
loose
the
Wardship
3.
E.
1.
ca.
47.
Usurpation
of
a
Church
during
the
minority
of
the
Heir
shall
not
prejudice
him
,
13
E.
1.5
.
Admeasurement
of
Dower
shall
be
granted
to
a
Guardian
,
and
the
Heir
shall
not
be
barred
by
the
suite
of
the
Guardian
,
if
there
be
collusion
,
13
E.
1.7
.
Next
Friends
shall
be
permitted
to
sue
if
the
Heir
be
●loyned
,
13
E.
1.15
.
If
part
of
the
Lands
be
sold
the
services
shall
be
apportioned
Westmr.
3.2
.
Escheators
shall
commit
no
waste
in
Wards
Lands
,
28
E.
1
18.
If
Lands
without
cause
be
seised
by
the
Escheator
,
the
Issues
and
Mesne
profits
shall
be
restored
,
21
E.
1.19
.
where
it
is
found
by
Inquest
that
Lands
are
not
holden
of
the
King
,
the
Escheator
shall
without
delay
return
the
possession
Stat
de
Escheatoribus
29
E.
1.
Escheators
shall
have
sufficient
in
the
places
where
they
Minister
,
to
answer
the
King
and
his
People
if
any
shall
complain
,
4
E
3.9.5
E.
3
4.
Shall
be
chosen
by
the
Chancelour
,
Treasurer
,
and
chief
Baron
taking
unto
them
the
chief
Justices
of
the
one
bench
and
the
other
if
they
be
present
and
no
Escheator
▪
shall
tarry
in
his
office
above
a
year
14
E.
3.8
.
A
Ward
shall
have
an
action
of
waste
against
his
Guardian
,
and
Escheators
shall
make
no
waste
in
the
Lands
of
the
Kings
wards
14
E.
3
13.
Aid
to
make
the
Kings
Son
a
Knight
or
to
marry
his
Daughter
,
shall
be
in
no
other
manner
then
according
to
the
Statute
thereof
formerly
made
25
E.
3
11.
Traverses
of
offices
found
before
Escheators
upon
dyings
seised
or
alienations
without
licence
shall
be
tried
in
the
Kings
Bench
34
E.
3
14.
An
Escheator
shall
have
no
Pec
of
wood
,
fish
,
or
venison
,
out
of
the
wards
Lands
38
E.
3
13.
An
Idempnitate
nominis
shall
be
granted
of
another
mans
Lands
seised
by
an
Escheator
37
E
1.2
.
No
Escheator
shall
be
made
unless
he
haue
twenty
pounds
Land
per
annum
or
more
in
Fee
and
they
shall
execute
their
offices
in
proper
person
,
the
Chancellor
shall
make
Escheators
without
any
Gift
or
Brokage
and
shall
make
them
of
the
most
lawful
men
and
sufficient
12
R.
2.2
.
An
Escheator
or
Commissioner
shall
take
no
Inquest
,
but
by
such
persons
as
shall
be
retorned
by
the
Sheriff
they
shall
retorn
the
offices
found
before
them
and
the
Lands
shall
be
let
to
farm
to
him
that
tendereth
a
Traverse
to
the
office
8
H.
6.16
.
Inquisitions
shall
be
taken
by
Escheators
in
good
Towns
and
open
places
and
they
shall
not
take
above
forty
Shillings
for
finding
an
office
under
the
penalty
of
forty
pounds
23
H.
6
—
17.
Women
at
the
age
of
fourteen
years
at
the
time
of
the
death
of
their
Ancestors
without
question
or
difficulty
shall
have
Livery
of
their
Lands
39
H.
6.2
.
No
office
shall
be
retorned
into
any
of
the
Kings
Courts
by
any
Escheator
,
or
Commissioner
,
but
which
is
found
by
a
Jury
,
and
none
to
be
an
Escheator
who
hath
not
forty
markes
per
annum
,
above
all
reprises
,
the
Jurors
to
have
Land
of
the
yearly
value
of
forty
shillings
within
the
Shire
▪
the
Forman
of
the
Jury
shall
keep
the
Counter
part
of
the
Inquisition
and
the
Escheator
must
receive
the
Inquisition
found
by
the
Iury
as
also
the
offices
or
Inquisitions
shall
be
received
in
the
Chancery
and
Exchequer
1
H.
8
ca.
8.
Lands
shall
be
l●t
to
farme
to
him
that
offereth
to
traverse
the
office
before
the
offices
or
Inquests
retorned
,
or
within
three
Months
after
1
H.
8
ca.
10.
the
respite
of
Homage
of
Lands
not
exceeding
five
pounds
per
Annum
,
to
be
but
eight
pence
the
yearly
value
of
Lands
not
exceeding
twenty
pounds
per
annum
to
be
taken
as
it
is
found
in
the
Inquisition
,
except
it
by
examination
otherwise
appear
to
the
Master
of
the
Wards
,
Surveyer
,
Atturney
,
or
Receiver
General
,
or
three
of
them
,
or
that
it
shall
otherwise
appear
and
be
declared
in
any
of
the
Kings
Courts
,
No
Escheator
shall
sit
virtute
officii
where
the
Lands
be
five
pounds
per
annum
or
above
,
the
Escheator
shall
take
for
finding
of
an
office
not
exceeding
five
pounds
per
annum
but
six
Shillings
,
eight
pence
for
his
Fee
,
and
for
the
writing
of
the
office
three
Shillings
four
pence
,
for
the
charges
of
the
Jury
three
Shillings
and
for
the
officers
and
Ministers
of
any
Court
that
shall
receive
the
same
Record
two
shillings
upon
pain
of
five
pounds
to
the
Escheator
for
every
time
so
offending
,
the
Master
and
Court
shall
have
power
to
moderate
any
Fines
or
Recognisances
33
H
8.22
.
The
Heir
of
Lands
not
exceeding
five
pounds
per
annum
may
sue
his
General
Livery
by
warrant
only
out
of
the
Court
of
wards
although
there
be
no
Inquisition
or
office
found
or
certified
.
The
Interest
of
every
lesser
Tenant
for
Term
of
years
Copy-holder
or
other
person
having
interest
in
any
Lands
found
in
any
office
or
Inquisition
shall
be
saved
though
they
be
not
found
by
office
.
The
Heir
upon
an
aetate
probanda
shall
have
an
oust●e
le
maines
and
the
profits
of
his
Lands
from
the
time
that
he
comes
to
age
and
if
any
office
be
untruely
found
,
a
Traverse
shall
be
allowed
or
a
Monstrans
de
Droit
without
being
driven
to
any
petition
of
right
though
the
King
be
entitled
by
a
double
matter
of
Record
.
A
Traverse
to
an
office
shall
be
allowed
where
a
wrong
Tenure
is
found
,
an
ignoramus
●ound
of
a
Tenure
shall
not
be
taken
to
be
any
Tenure
in
Capite
and
upon
a
Traverse
a
Scire
facias
shall
be
awarded
against
the
Kings
Patentee
2
and
3
E
6.
ca.
8.
And
if
there
had
been
any
certain
or
common
grievances
or
so
much
as
a
likelyhood
of
any
to
have
risen
or
happened
by
such
Tenures
and
benefits
which
many
were
the
better
for
,
and
had
no
reason
at
all
to
find
fault
with
&
w
ch.
many
more
were
striving
to
deserve
of
the
Kings
of
England
&
the
Nobility
&
great
men
of
this
Kingdom
,
the
Parliaments
that
have
been
ever
since
the
8
th
.
year
of
the
reign
of
H.
3.
would
not
have
made
so
many
Acts
of
Parliament
for
their
establishment
,
or
tending
to
their
preservation
,
&
if
we
should
believe
(
as
it
cannot
be
well
denyed
)
that
Parliaments
have
been
sometimes
mistaken
and
enacted
that
,
which
they
have
afterwards
thought
fit
to
repeal
.
Yet
it
comes
not
within
the
virge
or
compass
of
any
probability
,
that
Parliaments
where
all
grievances
are
most
commonly
represented
,
should
for
almost
four
hundred
years
together
in
a
succession
of
many
Kings
&
Parliaments
,
enact
or
continue
grievances
instead
of
remedies
,
&
neither
find
those
Tenures
to
be
inconvenient
,
or
not
fit
to
be
continued
,
or
so
much
as
complain
of
them
,
but
as
if
they
were
blessings
of
a
part
of
the
well
being
of
the
Nation
,
not
at
once
but
at
several
times
,
in
several
ages
,
and
several
Generations
,
support
and
uphold
them
by
after
Laws
,
&
constitutions
,
as
,
That
no
Freeman
should
from
thence
give
nor
sell
any
more
of
his
lands
,
but
so
that
of
the
residue
of
the
lands
the
Lord
of
the
fee
may
have
the
services
due
unto
him
which
belongeth
to
the
Fee
,
Lands
aliened
in
mortmaine
shall
accrew
to
the
Lord
of
the
Fee
9
H.
3.
ca.
32.
&
36.
the
Ward
shall
pay
to
the
Lord
of
the
Fee
the
value
of
his
marriage
,
if
he
will
not
marry
at
the
request
of
his
Lord
for
the
marriage
of
him
that
is
within
age
,
say
the
Statute
&
the
makers
thereof
,
of
meer
right
pertaineth
to
the
Lord
of
the
Fee
,
20.
H.
3
,
cap.
7.
The
Lord
shall
not
pay
a
Fine
for
distraining
his
Tenant
for
Services
and
●ustomes
,
52.
H.
3
,
cap.
3.
A
fraudulent
conveyance
to
defeat
the
Lord
of
his
ward
shall
be
void
,
cap.
6.
The
King
shall
have
primer
seisin
,
neither
the
heir
nor
any
other
shall
intrude
into
their
Inheritance
before
he
hath
received
it
out
of
the
Kings
hands
,
as
the
same
Inheritance
was
wont
to
be
taken
out
of
his
hands
,
and
his
Ancestors
in
times
past
,
if
the
lands
be
accustomed
to
be
in
the
Kings
hands
by
Knight
service
,
or
Serjeanty
,
or
right
of
Patronage
,
52.
H.
3.
cap.
16.
If
an
heir
marry
within
age
without
the
consent
of
his
Guardian
before
he
be
past
the
age
of
fourteen
years
it
shall
be
done
according
as
is
contained
in
the
statute
of
Merton
,
and
of
them
that
marry
after
that
age
without
the
consent
of
their
Guardian
,
the
Guardian
shall
have
the
double
value
of
their
marriage
,
such
as
have
withdrawn
their
marriage
shall
pay
the
full
value
to
the
Guardian
for
the
trespass
,
and
nevertheless
the
King
shall
have
like
amends
;
And
if
the
wards
of
malice
or
by
evil
council
will
not
be
married
by
their
chief
Lords
where
they
shall
not
be
disparaged
,
then
the
Lords
may
hold
their
lands
and
Inheritance
until
they
have
accomplished
the
age
of
an
heir
male
,
that
is
to
wit
,
of
twenty
one
years
and
further
until
they
have
taken
the
value
of
the
marriage
,
3
E.
1.22
.
A
Tenaent
shall
have
a
writ
of
mesne
to
acquit
him
of
his
services
,
and
if
the
mesne
come
not
he
shall
loose
the
service
of
his
Tenant
,
13
E.
1.9
.
Priority
of
Feoffment
shall
make
a
title
for
wardship
,
cap.
16.
the
chief
Lord
shall
have
a
Cessavit
against
the
Tenant
if
he
cease
for
two
years
to
do
his
service
writs
of
Ravishment
degard
allowed
to
the
Lord
,
and
the
Party
offending
,
though
he
restore
the
ward
unmarried
,
or
pay
for
the
marriage
,
shall
nevertheless
be
punished
by
two
years
Imprisonment
,
13
E.
1.35
.
The
Feoffee
shall
hold
his
lands
of
the
chief
Lord
and
not
of
the
Feoffor
,
18
E.
1.
Quia
emptores
terrarum
,
A
saving
to
the
King
of
the
antient
aydes
due
and
accustomed
,
25.
E.
1.6
.
The
King
shall
have
the
wardship
of
his
Tenant
which
holdeth
in
chief
&
the
marriage
of
the
heir
,
primer
seisin
assignement
of
dower
to
the
widdow
,
marriage
of
the
women
Tenants
deviding
their
lands
in
Coparcinery
holden
of
him
,
and
they
which
hold
of
him
in
Serjeanty
shall
pay
a
Fine
at
the
Alienation
,
17.
E.
2.
A
Free-man
shall
doe
his
homage
to
his
Lord
,
17.
E.
2.
Knights
Fees
shall
not
pass
in
the
Kings
grants
without
special
words
17
E.
2.16
.
he
shall
be
answered
the
mesne
rates
of
Lands
coming
to
him
by
his
Tenants
death
.
28.
E.
3.4
.
&
where
sundry
of
the
Kings
Tenants
holding
of
him
immediately
,
as
of
his
Dutchy
of
Lancaster
,
did
by
sundry
Recoveries
,
Fines
,
and
Feoffments
in
use
,
defeat
the
King
of
Wardships
of
Body
and
Lands
.
It
was
Enacted
that
the
King
,
and
his
Heirs
,
shall
have
the
Wardship
and
Custody
of
the
Body
and
Lands
of
cestui
que
use
,
and
if
they
be
of
full
age
,
shall
have
relief
,
notwithstanding
any
such
conveyance
,
and
an
exact
provision
made
for
Writs
to
be
granted
upon
the
imbesiling
of
any
such
Heir
,
Rot.
Parl.
22
E.
4.
N.
16.
&
17.
The
Lord
of
Cestui
que
use
,
no
will
being
declared
&c.
shall
have
a
Writ
of
Right
of
Ward
for
the
Body
and
Land
,
and
the
Heir
of
Cestuique
use
being
of
full
Age
at
the
Death
of
his
Auncestor
shall
pay
a
relief
,
4
H.
7.17
.
Av●wry
may
be
made
by
▪
the
Lord
upon
the
land
holden
of
him
without
naming
his
Tenant
21
H.
8.19
.
And
no
grievance
was
thought
be
in
them
at
the
time
of
the
making
of
the
Act
of
Parliament
of
27
H.
8
,
2.
when
as
it
was
expresly
provided
by
that
Act
,
that
Tenures
in
Capite
should
be
reserved
to
the
King
of
all
mannors
,
lands
,
and
hereditaments
belonging
to
Monasteries
&
religious
houses
,
which
had
lands
,
Tenements
,
and
hereditaments
not
exceeding
the
clear
yearly
value
of
two
hundred
pounds
,
which
he
should
afterwards
grant
for
an
estate
of
Inheritance
;
nor
did
the
Parliament
in
the
31
year
of
the
raign
of
that
King
,
retract
that
good
opinion
which
was
formerly
had
of
them
,
when
enacting
that
the
King
and
his
heirs
and
Successors
should
be
put
in
actual
possession
of
all
mannors
,
lands
and
hereditaments
of
any
yearly
value
whatsoever
belonging
to
Monasteries
,
they
saved
to
the
King
,
his
heirs
and
Successors
,
all
rents
,
services
,
and
other
duties
,
as
if
that
act
had
never
been
made
;
Nor
in
the
Act
of
Parliament
of
32
H.
8.
cap.
46.
For
erection
of
the
Court
of
wards
and
Liveries
wherin
it
is
acknowledged
that
Tenures
in
Capite
and
wardships
,
with
their
incidents
,
did
of
right
belong
to
the
King
in
the
right
of
the
Imperial
Crown
of
this
Realm
;
In
the
Act
of
Parliament
of
32.
H.
8.
And
an
explanation
thereof
in
34
and
35
H.
8.5
.
giving
power
to
those
that
held
lands
in
Capite
and
by
Knights
service
,
to
devise
two
parts
thereof
reserving
to
the
King
wardship
,
primer
seisin
,
and
Fines
for
alienation
of
the
third
part
,
and
Fines
for
alienations
of
the
Freehold
,
or
Inheritance
of
the
two
parts
.
The
Crown
being
secured
of
the
Tenure
of
the
two
parts
by
the
statute
of
Quia
emptores
terrarum
.
Nor
at
the
making
of
the
statutes
of
35
H.
8.14
.
&
37
H.
8.2
.
Whereby
the
King
might
reserve
Tenures
in
Socage
or
Capite
at
his
will
and
pleasure
upon
grants
of
lands
not
exceeding
the
value
of
forty
shillings
per
annum
,
belonging
to
religious
houses
.
And
that
the
Kings
former
right
shall
be
saved
notwithstanding
any
Traverse
,
&
a
remedy
for
the
rents
of
the
mesne
Lords
where
the
King
hath
the
wardships
,
2
and
3
E.
6.
cap.
8
,
And
those
that
held
by
such
Tenures
besides
the
care
of
so
many
Acts
of
Parliament
,
were
not
unhappy
also
in
that
provision
of
the
Common
Law
,
where
it
was
an
Article
or
inquiry
in
the
Eyre
if
any
Lord
novas
levavit
consuetudines
,
had
charged
his
Tenant
with
any
new
Customes
,
if
any
Escheators
or
Subescheators
had
made
any
wast
in
the
Wards
Lands
,
or
seised
Lands
which
ought
not
to
be
seised
.
Et
omnes
illi
qui
sentiunt
se
super
hiis
gravatos
,
&
inde
conqueri
voluerint
audiantur
&
fiat
eis
Justitia
.
All
that
were
grieved
,
were
to
be
heard
,
[
](A54695-e7110-b)(o)
(o)
Capi●●a
itin●ris
in
vet.
magn
.
Charta
157
158.
&
Coke
4.
part
institutes
tit.
C●r
.
Ward
.
and
have
Justice
done
them
and
the
Tenant
had
his
remedy
by
a
[
](A54695-e7150-b)(p)
(p)
Glanvil
lib
12
cap.
9
&
10
Register
4
&
59
Coke
magna
Charta
cap.
10.
writ
of
ne
injuste
vexes
,
where
his
Lord
did
Indebita
exigere
servitia
.
And
least
any
thing
should
but
come
within
the
suspition
of
a
Grievance
,
or
that
the
power
of
the
Court
of
Wards
and
Liveries
,
and
the
latitude
which
the
Act
of
Parliament
of
32
H.
8.
had
given
it
,
(
which
was
to
be
as
fixed
as
the
trust
which
was
committed
to
it
,
should
in
the
intervalls
of
Parliaments
or
seldomest
Cases
be
any
thing
like
to
a
burden
or
Inconvenience
,
the
disposing
and
granting
of
wardships
was
by
King
James
his
Commission
and
instructions
,
under
the
great
Seal
of
England
in
[
](A54695-e7260-b)(q)
(q)
instructions
King
J●mes
in
Anno
1622.
an.
1622.
to
the
end
that
the
people
might
stand
assured
,
that
he
desired
nothing
more
,
than
that
their
Children
and
their
Lands
which
should
fall
unto
him
by
reason
of
wardships
might
after
their
decease
be
committed
in
their
neerest
and
trustiest
friends
,
or
to
such
as
they
by
will
or
otherwise
commit
the
charge
unto
upon
such
valuable
considerations
as
are
just
and
reasonable
,
that
the
Parents
and
Ancestors
may
depart
in
greater
peace
in
hope
of
his
gracious
favour
;
their
friends
may
see
their
children
brought
up
in
piety
and
learning
,
and
may
take
such
care
as
is
fit
for
the
preservation
of
their
inheritance
,
if
they
will
seek
the
same
in
time
.
Ordered
that
no
direction
for
the
finding
of
any
Office
be
given
for
the
wardship
of
the
body
and
lands
of
any
Ward
until
the
end
of
one
moneth
next
after
the
death
of
the
Wards
Ancestor
,
but
to
the
neerest
and
trustiest
friends
of
the
ward
,
or
other
person
nominated
by
the
Ancestor
in
the
wards
behalf
,
who
may
in
the
mean
time
become
Suiters
for
the
same
,
among
whom
choice
may
be
made
of
the
best
and
fittest
.
No
composition
,
agreement
,
or
promise
of
any
wardship
or
lease
of
Lands
be
made
until
the
office
be
found
,
and
then
such
of
the
friends
to
have
preferment
as
tendred
their
Petitions
within
the
moneth
,
they
yeilding
a
reasonable
composition
.
The
Master
Attorney
Surveyor
,
and
other
the
Officers
of
the
Court
of
Wards
were
to
inform
them selves
as
particularly
as
they
might
of
the
truth
of
the
Wards
estate
,
as
well
of
his
Inheritance
,
as
of
his
Goods
and
Chattels
,
the
estate
of
the
deceased
Ancestors
,
and
of
all
other
due
circumstances
considerable
,
to
the
end
the
Compositions
might
be
such
as
might
stand
with
(
the
Kings
)
resonable
profit
,
and
the
Ability
of
the
Heirs
estate
.
No
Escheat●r
shall
inforce
any
man
to
shew
his
evidence
.
That
all
Leases
of
Wards
lands
(
except
in
cases
of
concealment
)
be
made
with
litle
or
no
Fine
,
and
for
the
best
improved
yearly
rent
that
shall
be
offered
,
consideration
being
had
of
the
cautions
aforesaid
,
that
no
recusant
be
admitted
to
compound
or
be
assignee
of
any
wardship
.
That
where
it
shall
appear
,
that
neither
the
King
nor
his
progenitors
,
within
the
space
of
threescore
years
last
past
,
enjoyed
any
benefit
by
Wardship
,
Livery
,
Primer
seizin
,
Releif
,
Respect
of
Homage
,
Fi●es
,
or
mesne
rates
of
any
lands
,
the
Master
and
Councel
of
the
said
Court
,
were
authorized
to
remit
and
release
all
benefit
and
profit
that
might
accrew
to
the
King
thereby
;
And
in
all
cases
where
covenants
were
p●●formed
to
deliver
bonds
,
which
were
taken
concerning
the
same
.
And
that
upon
consideration
of
circumstances
,
which
may
happen
in
assessing
of
Fines
for
the
marriages
,
of
the
Wards
and
renting
of
their
lands
,
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
tendernesse
of
the
heir
,
incertainty
of
the
title
,
or
greatnesse
of
incumbrance
upon
the
lands
,
they
shall
have
liberty
,
as
those
or
any
other
the
like
comsiderations
shall
offer
themselves
,
to
use
that
good
discretion
,
and
Conscience
which
shall
be
sit
in
mitigating
or
abating
Fines
or
Rents
to
the
releif
of
such
necessities
.
In
pursuance
whereof
,
and
the
course
and
usage
of
that
Court
as
well
before
as
after
the
said
Instructions
,
Wardships
,
nor
any
Custody
or
Lease
of
the
Wards
or
their
Lands
were
not
granted
,
in
any
surprising
or
misinforming
way
,
but
by
the
care
and
deliberation
of
the
Master
and
Councel
of
the
Court
of
Wards
and
Liveries
,
upon
a
full
hearing
and
examination
of
all
parties
and
pretenders
,
they
to
whom
they
were
granted
Covenanting
by
Indenture
under
their
Hands
and
Seals
with
Bonds
of
great
penalties
to
perform
the
same
,
to
educate
the
ward
according
to
his
degree
and
quality
,
preserve
his
lands
and
houses
from
waste
,
fell
no
Coppice
,
Woods
,
grant
no
Copy-hold
estates
for
lives
,
nor
appoint
any
Steward
to
keep
the
Courts
without
licence
,
and
to
permit
the
feodary
of
the
County
where
the
land
lieth
yearly
to
survey
,
and
superintend
,
the
care
thereof
and
had
reasonable
times
of
payment
allowed
them
.
And
could
not
likely
produce
any
grievances
in
the
rates
or
assessing
of
Fines
for
marriages
,
or
for
rents
reserved
during
the
minority
of
the
wards
,
or
for
primer
seisin
or
any
other
Compositions
,
when
as
the
Kings
of
England
since
the
Raign
of
the
unhappy
R.
2.
and
the
intermission
of
the
Eyres
and
those
strict
enquiries
which
were
formerly
made
of
the
frauds
,
or
concealment
of
the
Escheators
or
their
Deputies
in
the
businesse
of
Tenures
,
and
Wardships
,
and
their
neglect
or
not
improving
of
them
,
(
most
of
those
former
Officers
and
those
that
trucked
with
them
not
doing
that
right
which
they
ought
to
their
Consciences
and
their
Kings
and
Benefactors
.
Have
for
some
ages
past
been
so
willing
to
ease
their
people
,
or
comply
with
their
desires
,
as
they
have
no●
regarded
a●
all
their
own
profit
,
or
taken
such
a
care
as
they
might
to
retain
●hose
just
powers
which
were
incident
or
necessary
to
their
Royal
Government
;
but
by
leaving
their
bounty
and
kindnesse
open
to
all
the
requests
or
designs
of
the
people
,
have
like
tender
hearted
parents
given
away
much
of
their
own
support
and
sustenance
,
to
gratify
the
blandishments
,
or
necessities
,
of
their
Children
,
and
not
only
enervated
,
but
dismembred
,
and
quitted
many
of
their
Regal
powers
and
just
Prerogatives
in
their
grants
of
Lands
and
Liberties
,
and
thereby
too
much
exhausted
and
abandoned
the
care
of
their
own
Revenue
and
Treasure
,
as
may
easily
appear
to
any
that
shall
take
but
a
view
of
those
many
Regalities
,
Franchises
,
and
Liberties
,
which
(
being
to
be
as
a
Sacrum
patrimonium
,
unalienable
)
have
heretofore
either
been
too
liberally
granted
by
the
Kings
Progenitors
,
of
which
H.
3.
was
very
sensible
in
his
answer
to
the
Prior
or
Master
of
the
Hospital
of
St.
Johns
at
Jerusalem
,
[
](A54695-e7550-b)(q)
(q)
Daniel
168.
or
not
well
looked
after
in
those
Incroachments
,
and
Usurpations
,
which
have
been
made
upon
them
.
Or
consider
the
very
great
cares
and
providence
,
as
well
as
prudence
,
of
former
ages
,
in
the
Managing
,
Collecting
,
and
Improveing
of
the
Kings
Revenue
in
England
,
whether
certain
or
casual
.
The
strict
Inquiries
,
&
Orders
,
and
the
care
of
every
thing
which
might
make
a
profit
,
or
prevent
a
damage
which
made
some
of
the
Kings
of
England
to
be
so
litle
wanting
money
▪
as
King
Canutus
,
as
the
Abby
Book
of
Ramsey
hath
recorded
it
,
[
](A54695-e7620-b)(r)
(r)
Lib.
Caenobij
d●
Ramsey
Sect.
114.
et
Spelmans
glossar
.
in
ver●●
Fiscus
.
was
able
out
of
his
Hanaper
or
travailing
Trunk
,
when
he
lodged
at
Vassington
in
Northamptonshire
,
to
lend
the
Bishop
Etheruus
(
who
s●bita
pulsus
occasione
,
had
a
great
occasion
to
use
it
)
good
store
of
money
.
And
that
in
William
the
Conquerours
time
,
and
in
the
height
of
his
plenty
and
prosperity
,
no
repairs
of
Castles
and
Houses
were
made
but
upon
accompt
by
Oath
.
Inquiries
were
made
by
some
of
the
succeeding
Kings
and
[
](A54695-e7750-b)(s)
(s)
Claus.
3●
.
H.
3.
their
Officers
after
windfalen
trees
&
a
few
trees
were
not
given
,
nor
Cheverons
nor
Rafters
allowed
towards
the
repairing
of
a
Grange
,
or
Farm
,
without
the
warrant
of
the
great
Seal
of
England
Judges
commanded
to
look
to
the
Fines
imposed
in
the
Eyre●
or
Circuits
,
and
in
all
the
Eyres
&
[
](A54695-e7800-b)(t)
(t)
Pla●it
.
〈◊〉
3
E.
3.
Rot.
58.
Circuits
,
a
Clark
who
kept
particular
Rolles
or
Duplicates
of
the
Judges
Rolles
,
or
Records
of
their
Proceedings
was
for
the
King
especially
appointed
,
and
attended
,
and
as
smal
a
sum
as
2
d.
accompted
for
a
Deodand
.
Nor
was
any
thing
as
far
as
Humane
vigilance
,
Industry
,
or
Providence
,
might
foresee
,
prevent
,
or
remedy
,
suffered
to
be
done
or
continue
,
that
might
endammage
or
lessen
the
Royal
Revenue
,
which
King
Henry
the
3
d.
could
so
watch
over
as
the
Court
of
Exchequer
hath
sometimes
seen
him
there
sitting
,
and
taking
his
own
accompts
.
Which
kinds
of
wariness
,
and
care
,
have
been
so
much
disused
or
neglected
by
many
of
his
Successors
,
as
though
by
time
and
the
course
thereof
,
the
alteration
of
the
value
of
mony
&
Coyne
from
twenty
pence
the
ounce
to
five
shillings
&
a
peny
,
the
ounce
,
of
Silver
,
the
prizes
&
rates
of
Provision
and
Commodities
to
be
bought
with
it
almost
yearly
raised
and
inhaunced
,
and
the
more
chargeable
way
of
living
which
followed
thereupon
;
might
have
put
them
in
mind
to
have
given
lesse
,
or
demanded
more
,
for
what
was
justly
their
own
,
when
as
in
the
14
th
.
year
of
the
Reign
of
King
Edward
the
3
d.
40
shillings
per
diem
,
was
thought
by
the
King
and
his
Councel
to
be
a
royal
and
sufficient
expence
for
Edward
Baliol
King
of
Scots
&
his
train
,
whilst
he
tarried
[
](A54695-e7960-b)(u)
(u)
46
E.
3
par.
Parl.
2
in
20
&
34.
at
London
,
and
6
s.
per
diem
when
he
travailed
.
And
in
the
reign
of
King
H.
6.
Medow-ground
in
[
](A54695-e8020-b)(w)
(w)
23
H.
●
.
Escaet
.
Leicestershire
was
valued
but
at
eight
pence
an
Acre
and
that
as
appears
by
a
Remonstrance
made
in
Parliament
in
or
about
the
11
th
.
year
of
the
reign
of
that
King
,
who
was
King
in
possession
of
France
,
as
well
as
of
England
,
now
not
above
227
years
agoe
,
he
did
right
worshipfully
as
the
Record
saith
,
maintain
the
charge
of
his
houshold
with
sixteen
thousand
pounds
Sterling
per
annum
,
and
could
not
then
defray
it
with
less
than
Twenty
four
thousand
pounds
per
annum
,
which
now
cannot
well
be
done
under
ten
times
as
much
,
when
an
Annuity
or
Pension
of
ten
pounds
or
twenty
marks
per
annum
,
which
was
then
sufficient
for
the
Kings
better
sort
of
Servants
,
is
now
scarce
enough
for
a
Foot-man
and
the
most
ordinary
sort
of
inferior
Servants
.
Did
notwithstanding
not
lessen
their
bounty
,
or
raise
the
Rents
or
Rates
of
their
Revenues
,
but
permitted
their
Escheators
in
matters
of
Tenures
and
Wardships
,
to
adhere
unto
their
former
courses
,
and
find
the
value
of
the
Lands
in
their
Offices
or
Inquisitions
,
at
the
old
or
small
yearly
values
,
the
rule
which
the
Escheators
took
for
the
finding
of
the
values
of
the
Lands
upon
Inquisitions
,
being
at
the
highest
but
the
tenth
part
of
the
true
yearly
value
(
which
was
the
guide
also
for
the
rate
of
the
primer
seisins
where
they
were
to
be
taken
)
&
as
much
lower
as
the
unwarrantable
kindness
of
too
many
of
those
which
were
trusted
,
and
should
have
looked
better
unto
it
could
perswade
them
.
The
Feodaries
also
upon
their
Surveys
seldom
raising
the
yearly
value
to
more
than
about
a
third
part
of
such
a
gentle
value
as
he
should
be
entreated
to
adde
to
that
which
the
Jurors
and
Escheators
had
friendly
found
it
.
So
as
somtimes
a
Mannor
of
above
one
hundred
pounds
per
annum
was
found
but
at
thirteen
shillings
four
pence
per
annum
,
and
other
times
if
mingled
with
other
lands
,
of
a
great
yearly
value
at
no
more
than
forty
shillings
per
annum
And
no
longer
agoe
than
in
the
reign
of
King
Cha●les
the
first
,
above
one
thousand
pound●
per
annum
,
hath
been
found
to
be
but
of
the
yearly
va●ue
of
twenty
Marks
.
And
an
Estate
—
consisting
of
very
few
Mannors
,
and
as
few
Coppyholders
,
but
most
in
F●rms
and
dem●snes
upon
an
improved
and
almost
racked
▪
Rent
worth
six
thousand
pounds
per
annum
,
found
at
no
greater
yearly
value
than
one
hundred
eighty
three
pounds
eleven
shillings
,
which
is
lesse
than
the
thirtieth
par●
,
●hough
the
Escheators
with
Knights
and
Gentlemen
,
and
sometimes
men
of
greater
mark
and
quality
were
Commissioners
,
the
Jurors
made
up
somtimes
of
Gentlemen
,
and
most
commonly
of
substantial
Freeholders
,
and
all
of
them
,
such
as
might
better
have
understood
an
Oath
,
who
takeing
an
ill
custom
to
be
warrant
enough
for
a
bad
Conscience
,
did
when
they
were
by
the
Writ
to
enquire
upon
their
Oaths
de
vero
Annuo
valore
,
of
the
true
yearly
value
of
the
Lands
,
th●nk
that
they
did
honestly
and
well
enough
to
find
it
at
a
very
small
or
low
yearly
value
,
because
they
were
sure
it
was
we●l
worth
so
much
.
Neither
were
the
paym●nts
o●
〈◊〉
of
Homage
so
troublesom
,
as
to
make
a
complaint
of
when
as
by
an
Order
made
in
13
Eliz.
by
virtue
of
her
privy
Seal
by
the
Lord
Burghley
Lord
Treasurer
and
the
Chancellour
and
Barons
of
the
Exchecquer
,
which
the
Lords
and
Commons
of
England
in
primo
Jacobi
,
did
pray
and
procure
to
be
enacted
by
Parliament
.
It
was
after
such
an
easy
and
old
fashioned
rate
or
value
of
the
Lands
,
as
it
was
but
in
every
fifth
Term
to
be
paid
in
the
Exchecquer
by
a
rate
and
apportionment
,
and
might
have
been
saved
by
an
actual
doing
of
Homage
as
was
antiently
used
to
be
done
upon
their
Livery
,
and
first
coming
to
their
Lands
and
their
respit
of
Homage
and
howsoever
may
as
well
be
taken
to
be
a
favour
as
they
do
of
their
mesne
Lords
or
one
to
another
,
in
paying
three
shillings
four
pence
per
annum
as
a
quit
Rent
for
respit
of
suit
of
Court
.
And
that
it
was
therein
and
thereupon
also
enacted
,
that
no
processe
ad
faciendum
Homagium
,
or
fidelitatem
,
scire
facias
Capias
or
distresse
,
should
issue
out
of
the
Exchequer
,
but
upon
a
good
ground
.
And
that
the
Clerks
of
the
Treasurers
Remembrancer
in
the
Exchequer
,
shall
pay
all
issues
that
any
shall
loose
after
he
hath
paid
ordinary
Fine
for
respite
of
Homage
,
and
so
may
be
proved
by
any
of
their
Acquittances
.
Neither
were
the
Rates
for
Licences
of
Alienations
burdensom
when
they
were
paid
by
the
rich
and
improving
and
most
commonly
advantage
taking
purchasors
or
by
the
gainers
by
the
settlement
or
alteration
of
Lands
or
Estates
,
and
are
in
passing
Fines
not
usually
above
a
thirtieth
part
,
and
so
after
an
antient
&
un-improved
small
yearly
value
,
as
six
thousand
pounds
per
annum
,
hath
within
three
years
last
past
paid
but
a
little
above
one
hundred
and
twenty
pounds
for
a
Composition
or
Licence
of
Alienation
.
Which
with
other
of
the
Kings
casual
profits
by
a
long
remissenesse
and
usage
of
some
ages
past
whilst
the
people
to
save
their
own
Purses
,
and
favour
one
another
choosing
the
open
Rode
and
track
and
following
the
precedents
and
too
common
use
of
under
valuations
,
which
hath
ever
been
;
and
is
the
great
obstructor
and
diminisher
of
royal
Revenues
,
would
as
much
as
they
could
never
forsake
or
go
much
out
of
it
as
is
visible
enough
in
the
Escuage●
upon
Knights
Fees
and
valuatiōs
in
several
ages
&
Kings
reigns
in
that
of
a
tenth
in
36
H.
3.
demanded
in
Parliament
to
be
paid
out
of
all
the
Ecclesiastical
Revenues
after
the
full
yearly
value
,
where
adjuncto
magnae
verb●
offensionis
,
as
[
](A54695-e8400-b)(x)
(x)
Mat.
Paris
849.
Mathew
Paris
tells
us
it
was
taken
the
worse
in
regard
it
was
required
to
be
taxed
non
secundum
estimationem
pristin●m
sed
secundum
,
●stimationem
no●am
ad
inquisitionem
strictissimam
not
according
to
the
former
estimation
or
rates
,
but
a
n●w
and
most
severe
valuation
,
&
was
not
at
all
granted
.
And
in
a
Parliament
at
Bury
,
in
5●
H.
3.
the
Clergy
denyed
to
be
rated
by
the
Laity
or
Justa
&
alta
taxatione
By
a
just
&
high
valuation
.
[
](A54695-e8470-b)(y)
(y)
Mat.
Paris
100●
Sed
tantum
ut
taxatio
staret
antiqua
,
But
only
that
the
old
taxation
might
stand
,
nor
was
it
much
otherwise
in
the
rates
of
fifteens
and
other
proportions
of
taxes
granted
by
Parliaments
,
though
somtimes
ordered
to
be
assessed
upon
oath
the
greatest
tye
and
obligations
that
can
be
laid
upon
men
and
their
Consciences
,
wherein
litle
or
more
then
a
tenth
or
smal
part
was
paid
or
collected
of
the
true
yearly
value
.
But
like
a
numerous
family
of
Children
spending
much
,
wanting
much
,
and
drawing
all
that
they
can
from
the
kind
and
self-denying
common
parent
,
together
with
the
bounty
and
munificence
which
Kings
and
Princes
are
not
seldom
necessitated
unto
in
the
way
of
Government
and
care
of
the
generality
,
would
never
be
brought
to
any
just
valuation
or
improvement
no
more
than
that
of
customs
for
goods
exported
or
imported
at
the
rate
of
twelve
pence
in
the
pound
,
and
for
the
subsidies
given
by
Parliament
,
whereupon
no
more
was
used
to
be
paid
than
two
[
](A54695-e8510-b)(z)
(z)
Parl.
4
Car.
primi
.
shillings
,
or
two
shillings
eight
pe●ce
in
the
pound
,
for
Moveables
,
Debts
,
defalked
and
4
s.
in
the
pound
,
and
most
commonly
not
so
much
according
to
the
yearly
value
of
Lands
,
Rents
,
Annuities
or
other
yearly
profits
,
after
an
easy
and
accustomed
great
undervaluation
,
no
more
than
that
of
Tenths
and
first
Fruits
,
or
of
Taxations
or
Valuations
of
Benefices
in
the
Kings
Books
at
the
tenth
or
fifth
of
the
true
yearly
value
,
though
every
age
,
of
one
or
two
ages
last
past
,
and
every
thirty
or
twenty
years
in
the
age
of
Century
,
in
which
we
now
live
,
have
hugely
raised
the
yearly
value
of
Lands
every
one
striving
who
shall
do
it
most
in
their
own
particular
Estates
.
And
if
there
were
not
(
as
there
are
)
so
very
many
plain
and
evident
Demonstrations
of
it
,
may
well
be
believed
to
be
possible
,
when
the
publick
,
though
made
up
of
the
private
,
is
dayly
gnawed
,
and
preyed
upon
by
the
private
,
and
every
one
lurches
,
and
takes
what
he
can
from
the
Publique
,
to
add
to
his
private
,
when
the
numberlesse
Number
of
the
Private
,
is
more
than
the
Head
or
Monarch
,
when
the
people
are
to
assesse
themselves
,
and
will
ease
one
another
,
when
interest
and
partiality
are
the
Loadstones
that
attracts
,
and
the
Cards
and
Compasses
which
the
most
of
men
do
sail
by
,
every
man
is
a
well-wisher
to
the
Publique
,
but
very
few
well-doers
,
every
one
pretends
good
unto
it
,
but
intend
,
if
not
all
,
yet
a
great
deal
more
unto
themselves
,
and
do
make
it
their
businesse
to
be
the
Kings
Cozens
,
though
they
are
not
of
the
blood-Royal
,
and
by
the
help
of
bad
Consciences
,
and
no
good
affection
to
the
publique
,
or
Common-weale
,
do
think
no
more
evil
to
be
in
such
purloinings
,
than
to
fetch
or
take
water
from
a
great
River
,
or
stones
,
or
gravel
,
from
a
vast
and
high
Mountain
.
And
the
Nobility
and
Gentry
,
and
most
of
the
Land-Lords
in
England
,
have
for
many
years
last
past
in
the
publick
Assessements
,
which
were
made
to
maintain
the
miseries
and
iniquityes
of
our
latter
times
to
their
cost
and
grievance
experimented
,
that
where
the
Tenants
were
to
pay
for
their
Stock
,
they
could
so
order
it
,
as
to
lay
the
most
of
the
Burden
upon
the
Land-Lords
,
upon
pretences
,
that
they
had
but
a
small
Stock
of
Cattle
when
it
was
in
their
power
not
only
to
undervalue
what
they
had
,
but
to
lessen
or
make
it
more
,
any
Fair
or
Market-day
before
or
after
.
Wherby
,
and
the
effects
which
best
discovers
the
truth
and
intention
of
all
men
,
and
their
matters
be
their
pretences
never
so
plausible
,
much
coloured
or
varnished
over
,
the
Conclusion
will
necessarily
follow
the
Premises
,
that
the
outsides
and
noyse
of
great
ayds
and
Subsidyes
,
have
been
always
a
great
deal
more
than
the
reality
of
them
;
that
the
Kings
and
Queens
of
England
have
always
had
in
their
Revenues
fair
blossomings
or
Bloomes
,
but
little
more
than
the
Tenth
of
it
hath
come
to
be
fruits
or
gatherings
into
their
Treasuries
,
witnesse
,
if
there
were
nothing
else
to
prove
it
,
the
great
and
more
than
treble
or
a
better
Improvement
which
hath
been
lately
made
of
them
,
since
they
came
to
be
wrongfully
possessed
by
private
men
;
and
that
the
Revenues
of
the
Kings
and
Princes
of
England
could
never
yet
arrive
to
the
Fate
of
great
Rivers
,
which
fertilizeing
all
the
Neighbouring
shores
,
and
carrying
many
a
great
Burden
and
Vessel
,
which
dayly
sail
to
and
fro
upon
them
,
are
notwithstanding
so
farre
from
emptying
or
impairing
themselves
,
as
the
further
they
run
,
they
are
sure
enough
to
be
made
greater
by
an
Addition
of
many
little
Brooks
,
and
great
Rivers
which
fall
into
them
.
But
by
a
continual
emptying
and
deflux
,
must
of
necessity
sink
it self
into
a
great
decay
and
deficiency
,
when
as
that
which
was
accounted
Providence
,
and
good
Husbandry
in
King
H.
2.
(
or
H.
1.
if
[
](A54695-e8670-b)(a)
(a)
Daniels
History
.
Samuel
Daniel
,
and
others
be
not
mistaken
)
to
change
his
Rent
,
Provisions
of
Corn
&
Victuals
,
which
in
every
County
was
paid
in
Specie
,
into
yearly
Rents
or
Summs
of
money
,
because
con●luebat
ad
Regis
Curiam
,
Multitud●
Colo●orum
oblatis
vomeribus
,
in
signum
deficientis
Agriculturae
,
A
Multitude
of
Plow-men
and
Husband-men
,
(
occasioned
probably
by
the
many
vast
Demeasns
,
Commons
,
Woods
,
and
Forrests
which
then
took
up
much
of
the
Lands
of
the
Kingdom
)
came
with
their
Plow-shares
to
the
Court
,
to
shew
the
King
the
decay
of
Husbandry
,
saith
the
Black
Book
[
](A54695-e8730-b)(b)
(b)
in
lib.
nigro
Scaccarij
&
Spelmans
gl●ssar
in
verbo
firma
.
of
the
Exchequ●er
;
when
as
a
little
before
a
measure
of
Wheat
,
for
bread
for
a
hundred
men
,
was
valued
by
the
Kings
Officers
but
at
one
shilling
,
the
Carcasse
of
a
fat
Oxe
one
shilling
,
of
a
Sheep
four
pence
,
and
for
Provender
for
twenty
Horses
but
four
pence
.
And
thought
himself
to
have
been
on
the
surer
side
when
he
ordered
six
pence
in
every
pound
to
be
taken
overplus
or
D'avantage
,
least
the
rate
and
value
of
money
should
diminish
,
is
now
not
the
hundreth
part
of
the
value
of
the
old
kind
of
Rents
and
Provisions
;
and
reducing
also
many
incertain
Customs
into
a
certainty
of
yearly
Rents
,
which
being
then
some
thing
proportionable
unto
it
,
is
not
now
the
50
th
.
or
100
th
.
part
of
what
was
then
the
value
in
the
intention
and
estimation
,
as
well
of
the
Kings
,
which
were
to
receive
it
,
as
of
the
Tenants
who
were
to
pay
it
;
And
therefore
notw●thstanding
the
great
Estates
and
Revenues
of
some
Rebellious
Subjects
which
have
sometimes
been
forfeited
,
&
came
as
an
accession
&
supplement
to
the
wasting
and
dec●ying
Crown
Lands
,
much
of
them
being
either
in
mer●y
or
policy
restored
afterwards
to
the
Heirs
of
those
which
justly
forfeited
them
.
The
languishing
Condition
of
the
Royal
Revenues
were
so
little
remedied
,
as
the
Royal
Expences
in
defraying
the
more
expencefull
Charges
of
their
houshold
,
Family
,
and
princely
Retinue
.
After
the
new
enhaunced
Rates
and
Prizes
,
whilst
they
recelved
their
Rents
and
other
Profits
after
the
old
,
carrying
so
great
a
difference
and
disproportion
.
As
there
is
betwixt
one
hundred
four
pounds
seventeen
shillings
and
six
pence
,
paid
by
Thomas
Earl
of
Lancaster
,
in
the
reign
of
King
E.
2.
for
184
Tuns
of
Clarret-Wine
,
and
one
Tunne
of
White
,
but
litle
exceeding
eleaven
shillings
per
Tunn
,
and
that
which
is
now
the
price
of
the
like
quantity
&
between
one
hundred
forty
seven
pounds
seventeen
shillings
and
eight
pence
for
seven
Furres
of
variable
Miniver
,
or
powdered
Ermin
;
seven
hoods
of
Purple
three
hundred
ninety
five
Furres
of
Budge
for
the
Liveries
of
Barons
,
Knights
,
and
Clerks
.
123
Furrs
of
Lamb
for
Esquires
bought
at
Christmas
as
appears
by
the
accompt
of
Henry
Leicester
the
said
Earls
Cofferer
.
Twenty
four
shillings
for
a
fat
stalled
Oxe
,
twenty
pence
for
a
Mutton
,
two
pence
half
penny
for
a
Goose
,
two
pence
for
a
Capon
,
a
penny
for
a
Hen
,
and
twenty
four
Eggs
for
a
penny
,
which
were
the
prizes
assessed
by
the
Magistrates
,
and
then
thought
to
be
equal
for
the
Buyer
,
as
well
as
the
Seller
,
between
the
price
of
Cloath
,
for
two
Gowns
for
the
Clarks
of
the
Chamber
,
to
the
Lord
Mayor
of
London
now
,
and
that
which
in
the
raign
of
H.
6.
cost
but
two
shillings
per
▪
yard
,
and
betwixt
the
price
of
a
Capon
in
the
middle
of
the
reign
of
Queen
Elizabeth
at
six
pence
,
and
the
rate
of
2
s
6
d.
or
3
s.
which
is
now
the
least
will
be
taken
for
one
.
And
that
by
reason
of
the
Gentry
and
all
private
mens
racking
and
inhauncing
the
Rents
of
their
Lands
,
letting
it
too
often
by
the
Acre
,
and
the
strictest
measure
,
and
the
most
that
will
be
bid
for
it
,
and
the
plenty
of
pride
to
an
extremity
of
excesse
,
rather
than
a
plenty
of
mony
in
the
Nation
,
the
rates
of
Victuals
and
Provisions
and
manner
of
living
,
are
increased
to
almost
a
third
part
more
than
what
they
were
within
this
20
years
last
past
.
There
must
needs
follow
that
Tabes
or
Consumption
which
is
so
apparent
and
visible
in
the
Royal
Revenue
,
which
will
be
as
little
for
the
peoples
good
,
who
(
unless
they
can
think
it
to
be
either
Goodness
or
Wisdom
in
the
Members
to
make
or
suffer
the
head
to
be
sick
and
languish
)
are
by
Subsidies
&
Assessements
to
support
it
in
its
sicknesse
or
languishing
condition
,
as
it
will
be
for
the
King
to
presse
or
perswade
them
to
it
.
But
least
it
should
be
objected
,
that
as
the
well
ordering
,
right
use
,
and
manage
of
the
best
things
,
is
that
only
which
blesseth
and
crowneth
the
Intention
,
and
first
Institution
of
them
,
and
the
ill
is
that
which
corrupteth
and
blasteth
all
that
was
hoped
for
,
or
expected
by
it
,
and
that
the
Innocency
and
necessary
use
of
Tenures
in
Capit●
and
Knight
service
may
amount
unro
a
grievance
if
the
Court
of
Wards
should
either
by
the
wickednesse
,
extortion
,
or
avarice
of
the
Judges
,
or
their
ignorance
,
which
is
as
bad
as
either
,
or
their
lenity
or
connivance
to
the
Officers
,
or
those
which
are
employed
under
them
.
intend
more
their
own
profit
than
the
Kings
,
and
in
stead
of
being
a
protection
to
Wards
,
pillage
and
ruine
them
and
their
estates
,
or
be
like
(
as
they
were
not
)
an
Assembly
or
Congregation
of
men
met
together
in
the
formality
of
a
Court
where
rapine
,
avarice
,
and
injustice
,
under
the
vizard
or
Hypocrisie
of
doing
justice
,
strives
who
shall
most
advance
their
ends
by
a
propension
to
what
is
unjust
,
and
an
aversion
from
all
that
may
relieve
the
oppressed
.
It
may
be
necessary
to
shew
by
whom
or
what
manner
of
persons
that
Court
of
wards
and
Liveries
was
governed
,
and
guided
.
Which
was
not
like
that
Court
of
Civil
Law
,
upon
whose
Bench
and
Tribunal
in
our
late
times
of
delirium
and
confusion
,
sate
as
Judges
two
common
Lawyers
Hugh
Peters
a
a
Traytor
to
his
King
and
Country
,
sometimes
a
Prompter
at
a
Play-house
,
and
afterwards
an
extemporary
Preacher
,
together
with
an
Atturney
at
common
Law
,
a
Tradesman
,
&
a
Country
Gentleman
,
who
would
not
at
any
time
think
it
safe
,
or
becomming
them
in
that
their
never
the
like
practised
in
any
age
or
time
before
Antipodes
or
contrarieties
▪
to
right
reason
,
or
the
way
of
understanding
,
or
doing
Justice
,
to
mention
any
Text
or
part
of
the
Civil
Law
,
though
it
was
daily
and
learnedly
pleaded
before
them
by
the
Advocates
,
but
when
any
Books
or
Authorities
of
the
Civil
Law
,
were
cited
and
urged
,
which
their
capacities
could
not
reach
,
some
of
them
like
the
Woman
in
Seneca
,
which
did
not
complain
of
her
own
want
of
sight
,
but
found
fault
with
the
darknesse
of
the
House
,
could
to
throw
by
the
trouble
or
any
further
consideration
of
what
they
did
not
understand
,
find
no
better
a
way
than
causelessely
to
rail
at
,
and
reproach
the
Common
Law
as
well
as
the
Civil
,
and
unadvisedly
and
publickly
declare
them
to
be
but
Inventions
to
get
mony
.
Was
not
like
the
Court
to
remove
Obstructions
in
the
Godly
as
they
called
it
,
but
ungodly
Purchasers
,
where
all
the
Kings
grants
after
1636.
or
thereabouts
were
adjudged
as
null
,
and
not
to
be
allowed
,
and
all
manner
of
obstructions
laid
in
the
way
of
Loyal
and
Distressed
men
,
to
clear
and
make
an
open
passage
for
their
own
Partie
and
such
kind
Purchasers
▪
Not
like
that
of
Haberdashers-Hall
,
where
the
Just
and
Innocent
were
Sequesterd
(
by
the
tender
Conscienced
Party
as
they
stiled
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
bo●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
,
[
](A54695-e9580-b)(c)
(c)
Master
of
the
Wards
Oath
.
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
,
[
](A54695-e9610-b)(d)
(d)
32
H.
46.
and
to
deliver
with
speed
such
as
shall
have
to
do
before
him
.
[
](A54695-e9630-b)(e)
(e)
Attorney
of
the
Wards
Oath
.
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
.
[
](A54695-e9660-b)(f)
(f)
Auditors
Oath
▪
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
,
[
](A54695-e9690-b)(g)
(g)
Escheators
Oath
.
and
the
Escheators
to
treat
all
the
people
in
their
●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
B●cket
in
H.
2.
time
,
[
](A54695-e9750-b)(h)
(h)
Math
Paris
101.
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
never
be
so
good
or
for
the
ease
of
the
people
as
when
the
King
by
a
constant
and
well
ordered
Court
shall
be
rescued
from
the
importunityes
and
necessityes
of
great
men
,
and
preserved
from
the
Errors
which
an
indulgence
or
munificence
to
so
many
Cravers
,
Petitioners
,
and
Pretenders
,
as
do
usually
throng
the
Courts
,
and
presence
of
Princes
,
might
draw
or
perswade
them
unto
and
the
Wards
and
their
Friends
,
not
put
to
seek
Remedies
or
just
Defences
in
their
Suits
or
Concernments
in
other
Courts
amongst
a
multitude
and
intermixture
of
Causes
of
another
nature
,
nor
to
procure
an
accesse
for
their
Petitions
to
their
Kings
,
or
at
their
Courts
or
Residences
,
where
a
continual
assembly
of
all
the
weighty
cares
and
emergencies
in
Government
,
will
inevitably
inforce
or
necessitate
delayes
,
and
notwithstanding
the
help
of
some
costly
Mediators
and
intercessors
,
cannot
nor
ever
could
be
easily
got
through
,
but
may
in
such
a
fixed
and
peculiar
Court
as
that
of
the
Wards
&
Liveri●●
with
a
small
expence
of
time
,
or
attendance
,
and
the
assistance
of
certain
allowed
Fees
to
proper
and
appointed
offices
,
which
cannot
be
any
grievance
where
they
shall
be
any
thing
within
the
bounds
of
Reason
or
Moderation
,
know
how
to
find
out
and
go
to
their
proper
Remedies
as
readily
as
an
Apothecary
can
to
his
Boxes
of
Medicaments
,
or
the
Physician
to
the
experimented
directions
of
his
Books
or
Recipes
,
and
were
sure
to
be
heard
and
have
redresse
in
a
Court
of
Justice
,
guided
and
governed
by
wise
,
and
good
men
,
who
being
as
great
as
they
were
good
,
were
fenced
and
compassed
about
with
comprehensive
and
restraining
Oaths
,
enjoyning
all
manner
of
right
,
and
forbidding
the
least
of
Injustice
,
and
wrong
to
be
done
unto
the
People
.
Preserved
the
estates
,
inheritance
,
and
evidences
of
the
Wards
,
guarded
,
and
rescued
the
estates
of
Lunatiques
,
and
Ideots
,
from
those
that
would
deceive
them
,
helped
the
Wards
in
the
discovery
,
and
recovery
of
their
debts
,
and
rights
,
rescued
them
from
all
wrongs
,
enjoyned
,
and
prohibited
other
Courts
from
any
cognizance
,
or
determination
of
their
concernments
,
except
when
a
Will
was
to
be
proved
,
or
an
Administration
granted
,
or
the
like
,
to
,
or
for
the
use
,
and
benefit
,
of
a
Ward
,
and
committed
the
education
of
such
,
whose
Fathers
dyed
Papists
,
so
to
Protestants
,
as
many
,
and
amongst
them
some
Earls
,
and
Nobility
,
have
by
the
direction
of
the
King
,
and
the
care
of
that
Court
,
been
put
under
the
Tuition
of
some
Bishops
,
and
thereby
become
Protestants
,
and
their
Posterities
fastened
in
that
Religion
,
most
of
which
cares
of
that
Court
,
and
benefits
received
by
the
people
,
could
not
be
at
all
,
or
not
so
well
had
and
enjoyed
,
when
there
was
no
Court
,
which
besides
the
pr●venting
and
punishing
of
stoln
marriages
,
and
many
other
benefits
not
here
mentioned
,
may
notwithstanding
some
deviations
,
and
irregularities
,
which
have
been
committed
by
some
Officers
,
and
Clarks
,
which
may
easily
be
remedied
,
be
as
useful
as
other
of
the
great
Courts
in
Westminster-Hall
,
which
were
not
dissolved
or
put
down
in
the
reign
of
King
E.
1.
because
all
the
Judges
of
the
Kings
Bench
,
common
Pleas
,
and
Exchequer
,
except
John
de
Metingham
,
and
Elias
de
Beckingham
were
by
judgment
of
Parliament
,
[
](A54695-e9940-b)(i)
(i)
Spelmans
glossar
416.
et
Daniel
189.
found
guilty
and
grievously
Fined
for
Briberies
,
extortions
,
oppressions
,
and
other
great
misdemeanors
,
but
to
the
great
good
and
comfort
of
the
people
and
nation
,
have
as
before
those
offences
committed
by
some
of
their
Judges
in
the
absence
of
the
King
in
Gasconie
,
ever
since
continued
as
great
Magazines
of
Justice
,
and
the
Asylums
or
Sanctuaries
of
all
that
are
distressed
.
So
as
no
Serpent
,
for
ought
ever
appears
,
lurked
under
that
green
grasse
,
nor
any
Crocodile
nourished
,
or
bathed
himself
in
those
wholesome
waters
,
laid
not
his
eggs
in
the
Sand
of
our
Estates
or
Properties
,
assaulted
not
the
innocent
Passenger
,
nor
spoiled
our
Flocks
of
Sheep
,
or
herds
of
Cattle
:
and
a
Marvail
or
wonder
it
may
therefore
be
,
that
so
good
,
so
necessary
,
and
so
beneficial
an
Institution
,
should
have
any
Innate
,
or
original
evil
or
grievance
in
it
,
and
the
quaerulous
humour
of
the
vulgar
,
who
,
like
a
herd
of
Swine
,
do
too
often
cry
,
when
one
of
many
of
them
is
but
justly
pinched
or
wrung
by
the
ear
for
his
unjust
Trespassings
,
or
as
those
irrational
Guards
of
the
night
do
use
to
howl
or
bark
because
one
of
their
kind
half
a
mile
off
,
torments
himself
in
a
Moon-light
night
in
barking
at
his
own
or
any
other
shaddow
,
should
never
stuffe
out
,
or
enlarge
their
complaints
,
against
that
which
was
accounted
to
be
no
grievance
in
Edward
the
Confessors
time
,
whose
memory
was
,
and
is
yet
like
the
Nard
,
or
Spices
of
the
East
,
and
his
Laws
so
venerable
,
as
our
English
fore-fathers
could
in
the
loss
and
ruines
of
their
Country
,
hide
them
under
his
shrine
at
Westminster
,
and
thought
themselves
happy
,
when
as
with
Tears
and
Importunities
they
obtained
of
William
the
Conquerour
to
be
restored
to
them
,
and
left
them
as
rich
Heir-looms
,
and
a
precious
Legacy
to
their
Posterity
,
who
got
the
care
and
observation
of
them
to
be
afterwards
inserted
into
the
Coronation-Oath
of
the
succeeding
Kings
of
England
.
And
could
no
way
be
suspected
not
to
be
highly
contented
with
them
,
when
as
they
were
Leges
propriae
,
Laws
of
their
own
Country
,
&
consuetudines
antiquae
in
quibus
vixerant
Patres
●orum
[
](A54695-e10090-b)(k)
(k)
Chronic
Leichfeldense
.
&
ipsi
in
eis
nati
,
&
nutriti
fuerunt
;
and
the
antient
Customs
in
which
their
fore-fathers
were
born
or
bred
up
in
,
not
collected
or
put
together
by
incertain
reports
partial
or
doubtful
,
upon
reasonlesse
traditions
,
or
hear-says
of
an
afflicted
trembling
,
or
affrighted
degenerate
people
,
under
the
sense
and
miseries
of
a
late
Forreign
Conquest
,
but
per
praeceptum
Regis
Wil●elmi
electi
sunt
de
singulis
totius
Angliae
Comitatibus
12
viri
sapie●tiores
quibus
jurejurando
injunctum
fuit
coram
Rege
Gulielmo
ut
quoad
possent
tramite
neque
ad
dextram
,
neque
ad
sinistram
,
declinantes
legum
suarum
&
consuetudinum
sancita
patefacerent
,
nil
praetermittentes
nil
addentes
,
nil
praevaricando
mutantes
,
orderly
and
judicially
inquired
and
sought
out
by
a
fair
and
just
election
of
twelve
of
the
wisest
men
of
every
County
in
England
,
by
virtue
of
King
William
the
Conquerours
Writs
or
Commission
to
whom
being
brought
into
the
Kings
presence
,
they
were
injoyned
by
oath
,
that
as
much
as
possibly
they
could
▪
they
,
should
have
a
care
to
do
right
,
and
neither
incline
to
the
right
hand
,
nor
to
the
left
,
&
without
any
omission
,
addition
,
collusion
,
or
deceit
should
certifie
their
legal
Customs
,
which
being
done
,
and
written
out
by
the
Kings
command
,
by
the
proper
hand-writing
of
Aldered
Arch-Bishop
of
York
,
and
Hugh
Bishop
of
London
,
were
by
the
King
ratified
by
his
Proclamation
,
and
made
perpetual
,
per
totum
Regnum
Angliae
inviolabiliter
tenendas
sub
paenis
gravissimis
,
Throughout
all
England
under
grievous
penalties
to
be
observed
and
kept
;
And
so
approved
by
the
people
,
as
about
70
years
after
,
the
Citizens
of
London
,
(
as
the
continuation
of
Florence
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
)
[
](A54695-e10270-b)(l)
(l)
Continuation
Floren.
Wigor●
et
Sr.
Roger
Twisden
in
pr●fat
.
ad
leges
Willielmi
1.
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
,
[
](A54695-e10370-b)(m)
(m)
M.
S.
Cottoniana
.
nec
ut
ab
ipso
haereditas
tollitur
,
sed
simul
cum
haereditate
sub
Regis
custodia
constitutus
temp●r●
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
[
](A54695-e10460-b)(n)
(n)
York
&
vincent
Catalogue
of
English
Nobility
.
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
[
](A54695-e10620-b)(o)
(o)
M.
S.
inter
L.
L.
Regis
Edwardi
.
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.
[
](A54695-e10850-b)(p)
(p)
Mat
Pa●is
99.
&
100.
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
,
[
](A54695-e10920-b)(q)
(q)
Mat.
Paris
100.
facta
fuit
recognitio
,
sive
recordatio
,
cujusdam
partis
consuetudinum
,
&
libertatum
Antecessorum
suorum
,
Regis
viz.
Henrici
Avi
sui
&
aliorum
quae
observari
deb●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
[
](A54695-e11070-b)(r)
(r)
Mat.
Paris
.
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
bou●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
;
[
](A54695-e11290-b)(r)
(r)
Mat.
Paris
977.
Quatuour
milites
qui
considerarent
qu●t
et
quantis
granaminibus
simpliciores
a
fortioribus
opprimuntur
et
inquirent
diligenter
d●
singulis
quaerelis
et
injurijs
a
quocunque
factis
,
vel
quibuscunque
illatis
a
multis
retroactis
temporibus
,
et
omnia
inquisita
sub
sigillis
suis
inclusa
secum
coram
Baronagio
ad
tempus
sibi
per
breve
praefixum
;
Four
Knights
,
men
of
known
worth
and
wisdom
,
loving
and
beloved
of
their
Countryes
,
to
enquire
what
grievances
or
oppressions
the
smaller
sort
of
people
suffered
by
the
greater
,
and
also
of
all
injuries
and
●●ongs
done
by
any
person
whatsoever
,
either
lately
or
formerly
,
and
to
certifie
it
under
their
Seals
to
the
Barronage
,
which
what
ever
they
were
,
or
if
ever
or
never
recorded
,
(
for
they
have
not
for
ought
appears
,
been
certified
or
recorded
,
)
no
Record
or
Historian
of
that
,
or
the
after
times
,
have
said
that
Tenures
in
Capite
and
by
Knights
service
,
were
thereupon
retorned
to
be
oppressive
,
or
so
much
as
inconvenient
.
Neither
are
to
be
found
amongst
any
of
those
huge
heaps
of
evils
which
Mathew
Paris
that
sower
and
honest
Monk
of
St.
Albons
(
who
lived
in
those
times
and
especially
remarked
them
)
hath
delivered
to
posterity
.
The
24
Reformers
or
Conservators
of
the
Kingdom
,
in
that
Kings
Reign
,
appointed
by
the
Baronage
,
never
intimated
any
thing
of
their
dislike
of
that
honourable
institution
.
It
was
not
complained
of
upon
the
refusal
of
Roger
Bigod
Earl
of
Norfolk
,
Marshall
of
England
,
Humphry
Bohun
Earl
of
Hereford
and
Essex
,
Constable
of
England
and
Gilbert
de
Clare
Earl
of
Glocester
,
and
Hertford
,
great
and
mighty
men
and
of
Princely
Estates
,
to
go
at
the
Command
of
King
E.
1.
[
](A54695-e11510-b)(s)
(s)
Pat.
30.
E.
1.
unto
his
Wars
at
Gascony
,
upon
pretence
that
the
warning
was
to
short
,
whereby
the
Kings
displeasure
was
so
much
incurred
,
[
](A54695-e11540-b)(t)
(t)
Walsingham
ypodigm●
N●uster
.
487.
a●
Bohun
and
Clare
,
to
escape
the
Seisure
and
forfeiture
of
their
Lands
and
to
purchase
his
favour
again
were
glad
each
of
them
to
marry
one
of
his
Daughters
,
without
any
Dowry
,
and
surrender
their
Earldoms
,
Honors
,
Offices
,
and
Lands
unto
him
,
&
take
back
Estates
thereof
in
Tayle
to
them
,
and
the
Heirs
of
their
Bodies
upon
their
wives
to
be
severally
begotten
,
and
Bigot
surrendring
also
to
him
his
Earledom
,
and
Marshals
rod
together
with
all
his
Lands
,
[
](A54695-e11590-b)(u)
(u)
Claus.
30.
E.
1●
and
taking
Back
a
grant
of
an
Estate
for
life
in
his
honors
and
Lands
,
the
reversion
to
the
King
if
he
should
not
have
any
Issue
of
his
Body
begotten
the
King
in
Parliament
pardoned
them
,
and
John
de
Ferrari●s
,
and
other
Earls
,
Barons
,
Knights
,
and
Esquires
,
[
](A54695-e11620-b)(w)
(w)
parl
E.
1
and
all
other
of
their
fellowship
,
confederacy
,
and
Bond
and
all
that
held
twenty
pounds
Land
Per
annum
,
whether
in
chief
of
the
King
or
other
that
were
appointed
at
a
certain
day
to
pass
over
with
him
into
Flanders
,
their
rancour
and
evil
will
and
all
other
offences
committed
against
him
.
Were
not
in
the
Roll
of
general
grievances
,
which
the
Arch-Bishops
,
Bishops
,
Ea●ls
,
Barons
,
and
Commons
,
sent
him
when
he
was
at
the
Sea
side
ready
to
take
shipping
into
Gascoigne
,
[
](A54695-e11680-b)(x)
(x)
Daniels
Histo●y
195.
concerning
his
Taxes
,
and
other
impositions
.
Neither
any
vestigia
,
or
footsteps
to
be
found
of
any
grievance
by
them
,
in
that
grand
search
,
or
inquiry
by
the
Commissions
of
Traile
Baston
,
in
,
or
about
the
33
of
E.
3.
after
intruders
into
other
mens
Lands
,
exactions
,
and
oppressions
,
or
in
the
presentments
in
the
Eyres
,
when
the
Justices
thereof
in
several
Kings
reigns
,
carefully
travailed
into
the
several
Counties
and
places
of
England
,
and
found
out
,
and
returned
the
complaints
,
and
oppressions
of
every
County
,
and
where
the
Natives
themselves
,
&
the
witnesses
cannot
be
supposed
to
be
so
much
their
own
enemies
,
as
to
conceal
,
the
Countries
oppressions
&
the
Jurors
were
solemnly
charged
to
present
them
upon
their
Oaths
,
and
if
they
should
omit
to
do
it
,
had
the
malice
of
their
Neighbours
to
watch
&
accuse
their
Perjuries
,
and
the
severity
of
the
Judges
,
to
punish
any
failings
in
their
duty
.
Or
in
the
Reformation
which
the
Lords
Ordainers
,
as
they
were
afterwards
called
,
in
or
about
the
fifth
year
of
the
Raign
of
King
E.
2.
pretended
to
make
in
that
unadvised
Commission
,
which
he
granted
them
for
the
Government
of
the
Kingdome
.
No
pretence
,
or
so
much
as
a
murmur
against
them
by
the
Reformers
in
Wat
Tylers
and
Jack
Straws
commotion
,
when
they
were
so
willing
to
overthrow
and
extirpate
all
the
Nobility
and
Gentry
,
which
should
withstand
their
rude
and
unruly
designs
of
making
all
Bondmen
free
,
and
taking
away
Villenage
,
and
of
making
Wat
Tyler
,
and
several
other
of
their
party
,
Kings
in
several
Counties
,
and
to
devise
what
Laws
they
listed
.
Or
by
Jack
Cade
,
or
Captain
Mend-all
as
he
falsely
stiled
himself
when
many
a
grievance
was
picked
up
to
colour
his
Rebellion
in
the
reign
of
King
H.
6.
but
could
find
nothing
of
that
for
a
garnish
of
his
Roguery
.
Or
Robert
Ket
the
Tanner
,
in
the
reign
of
King
E.
6.
sitting
in
judgment
amongst
the
Rabble
,
under
his
tree
(
as
they
called
it
)
of
Reformation
,
where
Tenures
and
Wardships
,
being
so
obvious
,
and
every
where
insisted
,
upon
,
they
would
not
probably
have
omitted
them
out
of
the
Roll
,
or
list
of
their
complaints
if
there
could
have
been
but
a
supposition
,
or
dream
of
any
grievance
in
them
,
which
being
the
more
noble
beneficial
,
and
better
sort
of
Tenures
may
better
deserve
an
approbation
of
the
People
,
and
Parliaments
of
England
,
than
Tenures
in
Villenage
,
which
by
an
Act
of
Parliament
in
25
E.
3.18
.
may
be
pleaded
,
and
a
Villain
seized
though
a
libertate
proba●d●
,
be
depending
.
And
it
was
enacted
in
the
Parliament
of
9
R.
2.2
.
that
if
Villaines
fled
into
places
infranchised
and
sued
their
Lords
,
their
Lords
should
not
be
barred
thereby
,
and
by
an
Act
Parliament
in
8
H.
6.11
.
that
a
Villain
should
not
be
admitted
▪
or
put
to
be
an
Apprentice
in
the
City
of
London
,
and
by
an
Act
of
Parliament
in
19.
H.
7.15
.
If
any
Bond-man
purchase
Lands
,
and
convey
away
the
Lands
,
the
Bond-man
being
●estui
que
use
of
th●se
Lands
,
they
shall
be
seised
by
the
Lord
.
Nor
did
the
Act
of
Parliament
of
25
E.
3.
[
](A54695-e12030-b)(y)
(y)
25
E.
3.1
.
which
provided
that
none
should
be
constrained
to
find
men
of
Armes
,
H●blers
,
nor
Archers
,
but
by
common
assent
,
and
grant
made
in
Parliament
,
mistake
when
it
inserted
a
saving
,
and
exception
of
all
those
that
held
by
such
services
.
Neither
did
the
Commons
in
the
Parliament
of
5
R.
2.
[
](A54695-e12110-b)(z)
(z)
Rot
Parl.
5
R.
2.11
.
&
14.
upon
the
Repeal
in
Parliament
,
of
the
Manumissions
of
Bond-men
,
extorted
from
the
King
by
Wat
Tyler
,
and
his
Rout
,
or
men
of
Reformation
,
think
they
did
themselves
,
or
those
they
represented
,
any
hurt
,
when
they
cryed
with
one
voyce
,
that
the
Repeal
was
good
,
and
that
at
their
request
the
Repeal
was
by
whole
assent
confirmed
.
Tenures
in
Capite
,
and
by
Knights
service
,
were
not
complained
of
in
the
Parliament
of
13
R.
2.
though
the
Commons
in
Parliament
had
prayed
,
and
were
allowed
,
that
euery
man
might
complain
of
the
oppression
of
what
person
or
Estate
soever
without
incurring
the
pain
of
the
Statute
of
[
](A54695-e12210-b)(a)
(a)
Rot
Parl.
13.
R.
2
▪
n.
45.
Gloucester
(
which
under
great
penalties
prohibited
,
false
Newes
and
Lies
of
the
Nobility
and
great
men
of
the
Realm
,
Chancellor
,
Treasurer
,
Justices
of
both
Benches
,
and
other
great
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.
[
](A54695-e12300-b)(b)
(b)
Declarat
.
Lords
and
Commons
,
in
Collect.
Parliament
declarations
,
386
▪
&
390.
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
purpos●
(
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
Es●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
af●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
,
Westme●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
M●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
find
the
way
to
the
ears
or
audience
of
so
many
worthy
and
just
Kings
and
Princes
as
this
Kingdom
hath
been
happy
in
,
who
would
have
been
as
willing
to
give
a
remedy
as
they
could
have
been
to
seek
it
,
if
there
had
been
any
ground
or
cause
for
it
,
that
so
many
Petitions
of
small
concernments
,
or
of
no
greater
consequence
than
for
the
paving
of
Streets
,
killing
of
Crows
,
not
taking
of
young
Herns
out
of
their
nests
without
license
of
the
owner
of
the
ground
,
and
the
like
,
should
get
admittance
,
and
cause
Acts
of
Parliament
to
be
made
thereupon
,
and
that
of
Tenures
in
Capite
,
if
any
grievance
could
at
all
be
found
in
them
,
and
of
so
long
a
continuance
(
which
usually
makes
light
burthens
to
be
heavy
)
should
be
so
dipped
in
a
Lethe
or
Oblivion
,
as
not
at
all
to
be
remembred
.
Which
had
nothing
at
all
of
grievance
in
their
essence
or
being
understood
of
them
,
in
the
making
of
the
Statute
of
[
](A54695-e13020-b)(c)
(c)
1
H.
8.
cap.
12.
Coke
4.
part
Institutes
197.
1
H.
8.
against
Empson
and
Dudley
,
by
whom
the
Kings
Subjects
had
been
sore
hurt
,
troubled
,
and
greived
,
in
causing
untrue
Offices
to
be
found
,
retorning
of
Offices
that
never
were
found
,
and
in
changing
Offices
that
were
found
.
No
Grievance
perceived
to
be
in
them
,
in
Primo
Jacobi
,
[
](A54695-e13110-b)(d)
(d)
1
Jacobi
▪
5.
when
in
the
Statute
concerning
Respites
of
Homage
there
was
a
Proviso
,
that
in
case
it
shall
be
thought
fit
,
for
the
true
knowledge
and
preservation
of
the
Tenures
appertaining
to
the
Crown
,
and
so
ordered
in
the
open
Court
of
Exchequer
,
that
proces
should
issue
out
of
the
said
Court
against
any
,
came
not
within
the
Suspition
or
Jealousy
of
a
Grievance
,
when
in
the
Parliament
of
7.
Jacobi
Regis
,
Sr.
Francis
Bacon
then
his
Majesties
Sollicitor
,
[
](A54695-e13150-b)(e)
(e)
Sr.
Francis
Bacons
speech
in
Parliament
in
7.
Jacobi
,
touching
a
Composition
to
be
made
for
Tenures
in
Capite
.
in
his
speech
,
as
one
of
the
House
of
Commons
in
Parliament
,
to
the
Lords
in
Parliament
,
perswading
them
to
joyn
with
the
Commons
,
to
Petition
the
King
to
obtain
liberty
to
treat
of
a
Composition
with
his
Majesty
for
Wards
and
Tenures
,
acknowledged
in
the
name
of
that
Parliament
,
that
the
Tree
of
Tenures
was
planted
into
the
Prerogative
by
the
Antient
Common
Law
of
England
,
fenced
in
and
preserved
by
many
Statutes
,
and
yeildeth
to
the
King
the
fruit
of
a
great
Revenue
,
and
that
is
was
a
noble
Protection
,
that
the
young
Birds
of
the
Nobility
and
good
Families
,
should
be
gathered
and
clucked
under
the
Wings
of
the
Crown
.
Nor
in
Primo
Car.
primi
,
[
](A54695-e13240-b)(f)
(f)
1
Ca●
primi●
.
in
the
Act
of
Parliament
touching
the
rating
of
Officers
Fees
in
the
Exchequer
,
upon
pleadings
of
Licences
or
Pardons
for
Alienations
,
when
the
Lords
and
Commons
in
that
Parliament
assembled
,
did
declare
that
the
Kings
Tenures
are
a
Principal
flower
of
the
Crown
(
which
being
in
England
,
the
safety
and
protection
of
the
people
cannot
be
said
or
proved
to
be
adorned
by
their
sorrows
and
miseries
)
and
ought
not
to
be
concealed
.
And
that
in
the
petition
of
Right
,
in
3
Car.
primi
.
wherein
all
the
Grievances
and
Burdens
of
the
Subjects
,
and
breaches
of
Laws
and
Liberties
,
that
any
way
concerned
them
or
their
Posterities
were
enumerated
,
and
remedies
for
the
future
establishment
of
the
quiet
,
and
happines
of
the
people
propounded
and
granted
,
Tenures
in
Capite
,
and
Knight
service
,
with
their
incidents
,
were
not
reckoned
or
accounted
as
Grievances
,
though
all
that
troubled
the
people
,
were
at
that
time
so
largly
thought
and
beleived
to
be
redrest
as
a
publick
joy
,
upon
the
Kings
granting
of
that
Petition
of
Right
,
was
commanded
to
be
celebrated
by
the
Musique
and
ringing
of
Bells
in
every
Parish
Church
of
the
Cities
of
London
and
Westminster
,
which
vied
each
with
other
who
should
proclaim
and
tell
their
joyes
the
loudest
;
And
the
blaze
of
numberless
Bonfires
,
representing
the
flame
of
the
peoples
affection
towards
a
most
gracious
Soveraign
,
seemed
to
turn
the
sullen
night
into
a
morning
or
day
which
the
Sun
beams
had
newly
guilded
,
whilst
Alecto
and
her
Sister
Furies
despairing
in
their
hopes
of
kindling
a
sedition
,
and
bringing
the
miseries
of
a
Civil
War
upon
us
,
had
thrown
by
their
Torches
,
and
employed
their
Hellish
griefs
in
the
tearing
of
their
Snakie
lo●ks
.
Were
no
Sirtes
or
Rocks
to
shipwrack
or
hurt
the
people
,
when
Sr.
Edward
Coke
,
who
was
so
willing
to
have
Tenures
in
Capite
and
Knight
service
,
to
be
changed
into
Tenures
by
Fealty
only
,
as
of
some
of
the
Kings
Honors
,
and
all
their
Incidents
,
as
Wardships
,
primer
seisin
,
Licences
of
Alienation
,
&c.
taken
away
and
recompenced
by
a
greater
yearly
profit
,
then
was
,
then
had
or
received
by
them
,
and
a
rent
to
be
inseperably
annexed
to
the
Crown
,
with
some
necessary
Covenants
and
Privisoes
,
as
he
hoped
that
so
good
a
motion
as
had
been
made
in
the
Parliament
of
18
Jacobi
,
tending
as
he
thought
to
the
Honor
and
Profit
of
the
King
and
his
Crown
for
ever
,
and
the
quiet
and
freedome
of
his
Subjects
,
and
their
Posterities
would
one
way
or
other
,
by
the
grace
of
God
,
and
Authority
of
Parliament
,
take
effect
and
be
established
,
could
not
but
acknowledge
between
Anno
3.
Car.
Regis
primi
,
[
](A54695-e13500-b)(g)
(g)
Coke
4.
part
Institutes
tit
.
Court
of
Wards
193
and
the
12
th
.
year
of
his
raign
,
that
the
Objection
that
Wardship
was
a
Badge
of
servitude
(
which
would
be
a
Grievance
indeed
,
and
of
the
greatest
Magnitude
)
was
groundless
and
without
a
Foundation
,
for
that
the
King
by
taking
money
for
the
marriage
of
the
Ward
,
doth
it
not
as
for
a
Ransome
,
but
taketh
such
moderate
sums
of
money
,
as
in
respect
of
the
quality
,
and
state
of
the
Ward
He
or
She
,
all
circumstances
considered
,
is
able
to
pay
,
and
in
regard
thereof
,
hath
the
protection
of
the
Court
of
Wards
during
Minority
;
And
giving
Tenures
by
Knight
service
no
worse
a
Character
,
than
the
Wisdome
of
Antiquity
,
for
his
Iustification
therein
,
citeth
a
place
out
of
the
Red
Book
[
](A54695-e13570-b)(h)
(h)
Coke
4.
Institutes
&
lib.
ru●
.
Scac.
in
the
Exchequer
,
where
it
is
said
that
mavult
enim
princeps
domesticos
,
quam
Stipendiarios
Bellicis
apponere
casibus
,
the
King
had
rather
be
served
by
his
own
Subjects
,
than
Hirelings
or
Stipendary
Souldiers
.
No
Scylla
or
Charybdis
taken
to
be
in
them
,
in
the
Parl.
of
17.
Car.
prim
.
at
the
making
of
the
Act
for
the
better
raising
and
levying
of
Souldiers
for
the
present
defence
of
the
Kingdomes
of
England
and
Ireland
,
wherein
it
being
said
,
that
by
the
Laws
of
this
Realm
,
none
of
his
Majesties
Subjects
ought
to
be
impressed
,
or
compelled
to
goe
out
of
his
Country
,
to
serve
as
a
Souldier
in
the
Wars
,
they
excepted
cases
of
necessity
of
the
sodain
coming
in
of
strange
enemies
into
the
Kingdome
,
or
where
they
be
otherwise
bound
by
the
Tenure
of
their
Lands
or
Possessions
;
In
the
Remonstrance
of
the
House
of
Commons
15.
December
1641.
and
that
unhappy
Amasse
,
and
collection
of
Complaints
against
the
Government
,
the
Tenures
themselves
were
not
so
much
as
complained
of
,
but
the
exceeding
of
the
Jurisdiction
of
the
Court
of
Wards
,
[
](A54695-e13720-b)(i)
(i)
Exact
Collections
of
the
King
and
Parlament
Declaratio●s
8.
that
thereby
the
estates
of
many
Families
were
weakned
,
some
ruined
by
excessive
Fines
,
for
Composition
for
Wardships
exacted
from
them
,
which
if
in
some
few
particulars
,
where
the
Estate
it self
was
weak
,
or
incumbred
with
Debts
,
or
charge
of
Children
,
connot
rationally
conclude
or
argue
the
Fines
to
be
excessive
,
no
more
than
a
common
weight
or
burden
which
may
easily
be
born
or
carried
by
any
man
in
health
,
doth
make
it
to
be
of
a
greater
weight
or
burden
,
because
another
man
by
reason
of
sicknesse
,
or
other
disabilities
,
is
not
able
to
bear
or
stand
under
it
,
or
that
a
reasonable
or
small
rent
,
which
Tenants
are
to
pay
to
their
Landlords
,
is
therefore
too
much
or
unreasonable
,
because
a
poor
or
decayed
Tenant
cannot
so
well
bear
or
pay
it
as
he
was
wont
,
[
](A54695-e13750-b)(k)
(k)
Exact
Collect●ons
of
the
King
and
Parliament
Declarations
.
8.
or
as
one
that
is
thriving
,
or
before
hand
might
doe
;
That
all
Leases
of
above
One
hundred
years
were
made
to
draw
Wardships
contrary
to
Law
(
when
as
such
or
the
like
Collusions
,
were
by
the
Statute
of
Marlebridge
prohibited
)
and
the
Parliament
was
mis-informed
,
for
long
Leases
under
500.
years
were
not
made
by
that
Court
lyable
to
Wardships
,
and
that
undue
proceedings
were
used
in
the
finding
of
Offices
to
make
Jurors
find
for
the
King
(
which
was
but
to
adjorne
or
bind
them
over
to
the
Bar
of
the
Court
of
Wards
,
in
case
that
there
was
any
doubt
of
the
Law
or
Evidence
.
Or
when
the
Lords
and
Commons
in
Parliament
the
second
day
of
June
1642.
by
the
nineteen
Propositions
[
](A54695-e13820-b)(l)
(l)
Exact
Collection
of
the
K●n●s
and
Pa●●●am●nts
D●●l●rations
307.
which
were
(
as
they
alleaged
)
for
the
establishment
of
the
Kings
honour
and
safety
,
and
the
w●lfare
and
●ecurity
of
his
Subjects
and
Dominions
,
and
being
granted
,
would
be
a
necessary
and
effectual
means
to
remove
those
jealousies
and
differences
which
have
unhappily
fallen
betwixt
him
and
his
people
,
and
procure
both
his
Majesty
and
them
a
constant
course
of
honour
,
peace
,
and
happiness
.
Did
propose
,
petition
,
and
advise
,
that
the
Lord
high
Constable
of
England
,
[
](A54695-e13880-b)(m)
(m)
Exact
Collection
of
the
Kings
and
Parliaments
Declarations
and
Messages
.
308.
Lord
Chancellor
,
or
Lord
Keeper
of
the
great
Seal
of
England
,
Lord
Treasurer
,
Lord
privy
Seal
,
Earl
Marshal
,
Lord
Admiral
Warden
of
the
Cinque
Ports
,
cheif
Governour
of
Ireland
,
Chancellor
of
the
Exchequer
,
Master
of
the
Wards
,
Secretaries
of
State
,
two
cheif
Justices
,
and
cheif
Baron
,
may
alwayes
(
which
shewed
they
had
no
desire
for
the
present
or
the
future
to
take
away
the
Tenures
in
Capite
and
by
Knight
service
)
be
chosen
by
approbation
of
both
Houses
of
Parliament
.
Did
not
conceive
them
to
be
any
Disease
or
Gangreen
in
the
Body
Politique
,
at
the
making
of
the
2
d.
Declaration
of
the
Lords
&
Commons
in
Parliament
,
dated
the
12
th
.
of
January
1642.
Concerning
the
Commission
of
Array
,
occasioned
by
a
book
then
lately
published
,
Entituled
his
Majesties
answer
to
the
Declaration
of
both
Houses
of
Parliament
,
concerning
the
said
Commission
of
Array
,
Printed
and
Published
by
the
care
of
Mr.
Samuel
Brown
,
then
and
now
a
Member
of
the
House
of
Commons
,
wherein
many
Arguments
being
used
(
and
if
they
had
been
grievances
,
would
not
have
become
the
Parliament
to
have
urged
or
pressed
them
as
an
argument
)
against
the
Kings
,
having
power
to
raise
men
by
his
Commissions
of
Array
,
and
were
then
so
little
denyed
to
be
for
the
necessary
defence
of
the
King
and
his
Subjects
,
as
they
were
rather
taken
by
that
Parliament
to
be
as
the
hands
and
Arms
of
the
bodie
politique
,
worthy
a
continuance
&
perpetuity
,
and
very
well
deserving
the
good
opinion
which
the
Parliament
then
had
of
them
in
the
expressions
following
.
We
deny
that
there
is
an
impossibility
of
defence
,
without
such
power
,
viz.
the
Commissions
of
Array
.
And
affirm
that
the
[
](A54695-e14070-b)(n)
(n)
Exact
.
Collect.
of
the
K●ngs
and
Parliament
Declarations
850.856.857
Kingdom
may
be
defended
in
time
of
danger
,
without
issuing
such
Commissions
,
or
executing
such
power
.
For
,
we
say
,
that
the
Law
hath
provided
several
ways
for
provision
of
Arms
,
and
for
defence
of
the
Kingdom
in
time
of
danger
without
such
Commissions
1.
All
the
Tenures
that
are
of
his
Majestie
by
Barony
,
Grand
Se●jeanty
,
Knight
service
in
Capite
,
Knight
service
,
and
other
like
Tenures
,
were
all
originally
instituted
for
the
defence
of
the
Kingdom
,
in
time
of
War
and
danger
,
as
appears
by
the
Statute
of
7
E.
1.
of
Mortmain
,
which
saith
,
servitia
quae
ex
hujus
modi
feodis
d●bentur
ad
defensionem
Regni
ab
initio
provisa
fuerunt
,
vide
Chart.
H.
1.
irrotulat
in
libro
Rubro
Scac.
Coke
Instit.
75.
Bracton
36.37
.
Britton
162.35
H.
6.41
.
Coke
8.105
.
Coke
6.
●
.
Instit.
1
part
103.
These
Tenures
in
the
Conquerours
time
were
many
,
and
since
they
are
much
increased
;
and
these
are
all
bound
to
find
men
and
arms
,
according
to
their
Tenures
,
for
the
defence
of
the
Kingdom
.
2.
As
those
Tenures
are
for
the
defence
of
the
Kingdom
,
so
the
Law
hath
given
to
his
Majestie
diverse
Priviledges
and
Prerogatives
for
the
same
end
and
purpose
;
that
with
the
profits
of
them
,
he
should
defend
himself
and
his
people
in
times
of
danger
,
of
which
his
Majestie
is
,
and
always
hath
been
in
actual
possession
since
his
accesse
to
the
Crown
.
For
the
defence
of
the
Kingdom
,
his
Majestie
ha●h
the
profits
o●
Wardships
,
L●veries
,
Primer
seisins
,
Marriages
,
Reliefs
,
Fines
for
Alienation
,
Customs
,
Mines
,
Wrecks
,
Treasure
trove
,
Escheats
,
Forfeitures
,
and
diverse
others
the
like
casual
profits
,
That
by
these
he
may
be
enabled
to
defend
the
Kingdom
,
and
that
he
enjoying
them
,
his
Subjects
might
enjoy
their
Estates
under
his
Protection
,
free
from
Taxes
and
Impositions
for
defence
.
Therefore
it
is
declared
14
E.
3.
chap.
1.
That
all
the
profits
arising
of
an
aid
then
granted
to
the
King
by
his
people
;
And
of
Wards
Marriages
,
Customes
,
Escheats
,
and
other
profits
riseing
of
the
Realm
of
England
,
should
●e
spent
upon
the
safeguard
of
the
Realm
of
England
,
&
on
the
Wars
in
Scotland
,
France
,
and
Gascoigne
,
and
no
places
elsewhere
,
during
the
Wars
.
And
the
Lords
and
Commons
in
Rich.
2
time
,
(
knowing
the
Law
to
●e
so
)
did
▪
as
appears
●y
the
Parliament
●olls
6
Rich.
●
.
m.
42
)
passe
a
●etition
,
that
the
King
would
live
o●
his
own
Revenues
,
and
that
the
Wards
,
Marriages
,
Reliefs
,
For●●itures
,
and
other
profits
of
the
Crown
,
might
be
kept
to
be
spent
in
the
Wars
for
the
defence
of
the
Kingdom
.
3.
If
the
said
Tenures
and
casual
profits
rising
by
his
Prerogative
,
will
not
serve
for
defence
,
but
more
help
is
necessary
,
by
the
fundamental
Lawes
and
Constitutions
of
this
Kingdom
,
his
Majestie
is
intrusted
with
a
power
to
summon
Parliaments
as
often
as
he
pleases
,
for
defence
of
himself
,
and
his
people
,
when
his
ordinary
Revenues
will
not
serve
the
turn
;
And
there
is
no
other
legal
way
(
when
the
others
are
not
sufficient
)
but
this
,
and
this
last
hath
been
ever
found
by
experience
,
the
most
sure
and
successefull
way
for
supply
in
time
of
imminent
danger
,
for
defence
of
the
Kingdom
,
and
to
this
the
Kings
of
this
Realm
have
in
times
of
danger
frequently
had
recourse
.
A
main
end
why
Parliaments
are
called
,
is
for
defence
of
the
Kingdom
,
and
that
other
Supplies
th●n
th●se
before
mentioned
,
cannot
be
made
without
a
Parliament
.
Nor
was
there
any
publique
or
general
damage
so
much
as
supposed
to
be
in
them
the
first
of
February
1642.
when
in
the
propositions
sent
by
those
Lords
&
Commons
,
which
remain'd
in
Parliament
,
to
the
King
at
Oxford
,
to
be
treated
upon
by
the
Earl
of
Northumberland
,
William
Pierrepont
Esq
Sr.
Wil.
Armin
&
Bulstrode
Whitlock
,
Esq
their
Commissioners
.
There
was
nothing
desired
or
proposed
for
the
taking
away
of
the
Court
of
Wards
or
changing
of
Tenures
,
but
did
conclude
that
if
that
which
then
was
desired
of
the
King
should
be
granted
,
the
Royalty
&
greatnes
of
his
Throne
would
be
supported
by
the
loyal
,
and
bountyfull
affections
of
his
people
,
[
](A54695-e14420-b)(*)
(*)
Propositions
sent
by
the
Parliament
to
the
King
at
Oxford
1
of
Feb●uary
1642.
&
their
Liberties
and
Priviledges
,
maintained
by
his
Majesties
protection
and
Justice
.
They
were
no
part
of
the
Bills
,
or
Acts
of
Parliament
,
sent
to
the
King
at
Oxford
,
in
order
to
a
peace
in
July
1648.
No
part
of
the
Demands
,
or
Bills
,
or
Acts
of
Parliament
,
proposed
by
the
Parliament
in
the
Treaty
at
Vxbridge
,
betwixt
them
and
the
King
,
23
Novemb.
1644.
And
there
was
so
litle
of
grievance
or
inconvenience
,
or
none
at
all
to
be
found
in
Tenures
in
Capite
and
by
Knight
service
,
by
reason
of
any
accidents
,
for
naturally
or
originally
there
can
be
none
at
all
proved
to
be
in
them
.
As
notwithstanding
the
Vote
of
the
House
of
Commons
in
Parliament
,
made
the
20
th
day
of
September
1645.
Which
being
less
then
an
Embrio
,
and
no
more
then
an
opinion
of
the
Major
part
of
that
House
,
a
recens
assensio
,
velleity
,
desire
or
intention
only
,
which
our
Laws
take
no
notice
of
;
was
left
to
an
after
more
mature
deliberation
,
when
an
Act
of
Parliament
should
be
brought
in
upon
it
,
&
have
gone
through
all
its
necessary
requisites
,
formalities
,
and
debates
,
the
Parliament
it self
were
so
litle
resolved
,
or
beleiving
any
Grievance
to
be
in
them
,
as
the
Lords
and
Commons
by
their
Ordinance
of
the
first
day
of
November
1645.
did
ordain
that
the
Master
and
Councel
of
that
Court
,
should
proceed
in
all
things
belonging
to
the
Jurisdiction
of
that
Court
according
to
Law
.
And
the
House
of
Commons
shortly
after
,
viz.
the
fourth
day
of
November
1645.
being
informed
that
by
reason
of
a
Vote
passed
in
that
House
the
20
th
.
day
of
September
1645.
that
the
Court
of
Wards
should
be
taken
away
,
diverse
Wardships
,
Liveries
,
Primer
seisins
,
and
Mesne
rates
,
which
theretofore
fell
and
happened
,
were
not
compounded
for
as
they
ought
to
be
;
It
was
declared
that
all
of
them
which
have
happened
,
or
shall
fall
or
happen
before
the
Court
of
Wards
,
shall
be
put
down
by
the
Parliament
,
shall
be
answered
to
the
Common-wealth
,
and
the
Master
and
Councel
of
that
Court
were
required
to
proceed
accordingly
,
so
as
it
extended
not
to
any
whose
Auncestors
being
Officers
or
Souldiers
have
been
slain
or
died
in
the
service
of
the
Parliament
.
But
the
24
th
.
of
February
1645.
upon
occasion
of
a
debate
concerning
the
Wardship
of
the
Son
of
Sir
Christopher
Wray
,
who
dyed
as
they
said
,
in
the
service
of
the
Parliament
,
an
Ordinance
was
brought
in
and
made
by
the
Lords
and
Commons
,
for
the
taking
away
of
Tenures
in
Capite
,
and
by
Knight
Service
,
which
saith
one
of
their
allowed
Mercuries
,
was
first
given
to
the
Crown
for
defence
of
the
Kingdom
,
but
the
Parliament
would
take
care
for
other
supplies
.
But
that
Ordinance
notwithstanding
was
so
little
liked
of
,
as
that
without
the
giving
satisfaction
which
they
promised
to
the
Nobility
Gentry
and
Mesne
Lords
for
the
losse
of
their
Tenures
by
Knight
service
,
and
satisfaction
to
the
most
part
of
the
Officers
of
the
Court
of
Wards
,
it
was
no
more
or
not
much
thought
of
,
but
lay
from
that
time
in
a
slumber
,
untill
the
first
of
August
1647.
when
the
mighty
Mechanicques
of
the
Army
driven
on
by
their
ignorant
,
and
seditious
Agitators
,
who
were
but
the
Engines
of
Cromwell's
lurking
and
horrid
designs
,
had
by
their
Remonstrances
,
like
Wolves
cloathed
in
Sheep-skins
,
bleated
,
and
seemed
to
thirst
only
after
godly
and
purified
Reformations
,
and
Hewson
the
Cobler
,
and
Pride
the
Dr●yman
,
and
others
of
the
Colledge
of
their
n●w
●apientia
,
busying
themselves
in
State
,
as
well
as
Parliament
affairs
,
and
thombing
the
Scriptures
,
and
the
English
Translations
of
Livy
and
Plutarch
at
the
wrong
end
,
thought
every
one
of
themselves
to
be
no
less
than
a
Solon
and
Lycurgus
,
admired
Agrarian
Laws
,
and
other
old
exploded
grievances
,
dreamed
they
were
excellent
Politiques
,
and
not
knowing
our
good
old
Laws
,
but
suspecting
them
(
as
well
they
might
)
to
be
averse
,
and
no
well-wishers
to
their
ungodly
,
and
worse
than
Machiavillian
devices
,
did
all
they
could
to
destroy
them
,
root
and
branch
,
and
at
the
same
time
,
when
(
in
their
New-England
Phrase
,
)
they
held
forth
a
more
than
ordinary
Care
of
the
Kings
Honour
and
Dignity
,
and
the
freedom
,
rights
and
interests
of
the
seduced
people
,
proposed
(
or
commanded
rather
)
that
the
[
](A54695-e14920-b)(*)
(*)
Proposals
agreed
upon
by
the
Council
of
the
Army
to
be
tendred
to
the
Commissioners
of
the
Parliament
residing
with
the
Army
1
August
1647.
Ordinance
for
taking
away
the
Court
of
Wards
and
Liveryes
be
confirmed
by
Act
of
Parliament
,
provided
his
Majesties
Revenues
be
not
damnified
therein
,
nor
those
that
held
Offices
in
the
same
,
left
without
Reparation
some
other
way
.
Which
howsoever
it
were
,
to
the
remaining
and
small
part
of
that
Parliament
,
who
durst
not
say
it
,
but
found
themselves
under
a
force
which
against
many
of
their
will●
▪
had
undertaken
to
be
their
Guard
and
safekeeping
,
a
motive
or
spur
enough
to
make
them
put
that
Vote
and
ordinance
against
the
Court
of
Wards
and
Liveries
in●o
an
Act
as
they
▪
would
call
it
,
of
Parliament
,
after
10000
l.
given
&
paid
to
the
Master
of
the
Court
of
Wards
,
for
the
loss
of
his
place
5000
l.
to
Sr.
Roland
Wandesford
,
Atturney
General
of
that
Court
6000
l.
to
Sr.
Benjamin
Rudiard
,
Surveyer
General
,
3500
l.
to
Charles
Fleetwood
,
late
Governour
of
the
destroying
Committee
of
Safety
,
for
his
supposed
loss
by
the
Receiver
Generals
place
of
that
Court
,
which
he
pretended
he
ought
to
enjoy
by
a
Sequestration
from
Sr.
Will
.
Fleetwood
his
Brother
,
who
was
then
attending
his
Master
the
King
at
Oxford
,
and
to
Mr.
Bacon
,
3000
l.
for
a
pretended
loss
of
his
Office
,
for
the
making
and
ingrossing
of
Licences
or
pardons
for
alienation
,
all
of
them
but
Sir
Roland
Wandesford
,
being
Members
of
Parliament
,
it
did
without
any
mention
made
or
remedy
provided
for
those
only
supposed
Evils
,
in
Tenures
in
Capite
,
and
Chivalry
in
the
Billsor
intended
Acts
of
Parliament
,
which
were
sent
to
the
King
the
3
of
March
1647.
when
he
was
at
Holmby
under
a
restraint
fall
asleep
for
many
years
after
,
and
left
all
other
to
expect
their
satisfaction
upon
the
Parliaments
promises
,
and
further
proceedings
.
And
there
was
so
little
cause
for
putting
that
Sentence
in
execution
against
them
,
in
the
judgment
&
opinion
of
some
of
the
most
knowing
sort
of
the
Arraigners
of
antiquity
,
and
the
actions
of
their
more
understanding
fore-fathers
,
as
[
](A54695-e15150-b)(p)
(p)
Nat.
Bacons
historical
Discourses
of
the
Kings
of
England
202.254.296
.
&
in
2
part
241.
Mr.
Nathaniel
Bacon
in
his
Historical
discourses
of
the
uniformity
of
the
Government
of
England
under
the
Britain
,
Saxon
,
Danish
,
Norman
and
other
Kings
of
this
Isle
until
the
reign
of
King
E.
3.
published
in
Anno
1647.
and
in
his
2
part
from
King
E.
2.
until
the
end
of
the
reign
of
Queen
Elizabeth
,
printed
in
Anno
1651.
in
a
design
to
make
all
,
or
most
of
the
Actions
of
those
our
Kings
and
Princes
and
the
Nobility
and
Clergy
in
their
several
reigns
,
for
at
all
of
them
(
like
one
of
the
Ephori
sitting
in
Censure
rather
than
Judgement
upon
the
Spartan
Kings
and
Government
)
and
the
Acts
of
Parliament
,
made
in
the
several
Reigns
,
of
those
Kings
,
he
aimed
,
and
flung
his
Fancies
,
clad
in
a
sober
Stile
and
Gravity
,
rather
than
any
Truth
or
Reason
,
by
pretending
that
they
were
made
and
contrived
only
under
their
influence
to
be
arbitrary
and
oppressive
to
the
freeborn
people
of
this
Nation
,
for
which
he
got
several
Preferments
under
Oliver
the
Protector
of
our
burdens
&
miseries
.
Though
if
the
Records
and
Journals
of
our
Parliaments
may
be
credited
(
as
certainly
they
ought
to
be
)
before
him
,
most
if
not
all
of
our
Acts
of
Parliament
were
granted
and
assented
unto
by
our
Kings
upon
the
Petitions
of
the
Commons
,
representing
the
people
in
Parliament
as
●alsoms
and
great
Remedies
and
redresses
of
all
that
they
could
complain
of
,
deliverances
from
the
oppressions
,
frauds
,
and
deceipts
of
one
another
,
and
prevention
of
evils
which
might
happen
to
them
and
their
posterities
,
wherein
our
Kings
have
almost
in
every
Parliament
given
away
many
,
&
diminished
very
much
of
their
own
just
&
legal
Rights
and
prerogatives
by
granting
and
confirming
their
Liberties
and
Estates
with
such
an
infranchisement
and
freedom
as
no
Nation
or
people
under
Heaven
now
enjoyes
.
And
when
as
heretofore
in
former
Parliaments
they
gave
to
their
Kings
&
Princes
(
&
many
times
too
unwillingly
)
any
aydes
or
Subsidies
,
were
sure
besides
the
blessings
which
accrewed
to
them
by
many
good
Laws
and
wholesome
Acts
of
Parliament
to
gain
a
great
deal
more
by
their
Acts
of
grace
and
general
pardons
only
,
then
the
aids
and
Subsidies
did
amount
unto
.
Unlesse
it
were
in
the
Reign
of
King
H.
8.
when
the
Abby
Lands
were
granted
unto
him
,
&
in
the
raign
of
King
E
6.
when
the
Chanterie
&
remaining
peices
of
those
religious
Lands
(
were
given
to
him
wherein
only
the
Founders
and
the
religious
to
whom
they
properly
belonged
,
were
the
only
loosers
)
and
yet
by
reason
of
King
H.
8.
his
Endowments
and
erection
of
the
Bishoppricks
of
Oxford
,
Peterborough
,
Chester
,
Gloucester
,
and
Bristol
,
the
Colledge
of
Christ-Church
in
Oxford
,
and
the
Deanary
of
Westminster
,
Deanries
and
Prebends
of
Canterbury
,
Winchester
,
Worcester
,
Chester
,
Peterburgh
,
Oxford
,
Ely
,
Gloucester
,
Bristol
,
Carlile
,
Durham
,
Rochester
,
and
Norwich
,
and
his
large
gifts
and
grants
to
divers
of
the
Nobility
,
who
had
formerly
been
the
Founders
,
or
great
Benefactors
to
many
of
the
Abbyes
and
Prioryes
,
and
also
to
other
of
his
people
,
and
the
grants
of
E.
6.
Queen
Eliz.
and
King
James
considered
,
very
little
of
those
Lands
and
Revenues
doe
at
this
time
continue
in
the
Crown
.
And
our
many
Acts
of
Parliament
against
Mortmaines
without
the
Kings
Licence
,
Provisions
by
the
Pope
,
or
any
appeales
to
be
made
to
him
▪
under
the
most
severe
penalties
of
Premunire
,
the
Act
of
Parliament
taking
away
the
Popes
Supremacy
,
the
fineing
and
putting
the
Clergy
of
the
Provinces
of
Canterbury
and
York
,
under
Premunires
by
King
H.
8.
An
Oath
of
Renunciation
of
all
fealty
and
appeales
to
the
Pope
,
an
Engagement
to
observe
all
Lawes
made
against
his
Power
,
[
](A54695-e15520-b)(q)
(q)
Na●
.
Bacons
historical
discourses
of
the
Kings
of
England
▪
219.
the
losse
of
72
Mannors
or
Lordships
out
of
the
Revenues
of
the
Arch-bishopprick
of
York
,
and
of
sundry
great
Mannors
and
Possessions
taken
from
the
Sees
of
Canterbury
,
Ely
,
and
London
;
The
demolishing
and
dissolution
of
Religious
Houses
,
3845.
Parochial
Churches
,
(
being
more
than
a
third
part
of
all
the
Churches
in
England
)
impropriated
and
gotten
into
the
hands
of
the
Laity
,
many
of
the
Vicarages
confined
to
the
small
and
pittiful
maintenance
of
some
20
l.
per
Annum
,
others
10
,
and
some
but
6
l.
per
An.
several
Acts
of
Parliament
made
in
the
reigns
of
several
other
Kings
and
Princes
,
clipping
the
Clergies
Power
in
making
Leases
,
or
chargeing
their
Benefices
with
Cure
,
restraining
their
taking
of
Farms
,
forbidding
Pluralityes
,
intermedling
as
Commissioners
in
Lay
or
Temporal
Affairs
,
or
to
make
Constitutions
in
their
Synods
or
Convocations
without
the
Kings
Assent
,
may
declare
how
little
power
for
some
hundreds
of
years
past
,
the
Clergy
of
England
,
have
before
or
since
the
Reformation
,
either
encroached
upon
,
or
been
able
to
get
or
keep
.
Finds
not
in
his
mistaken
Censures
and
Distortions
of
most
of
the
Acts
of
our
Kings
and
Parliaments
to
make
way
in
the
deluded
peoples
minds
for
the
erecting
of
Olivers
Protean
,
and
Tyranical
Government
.
Any
fault
with
the
erection
of
the
Court
of
Wards
and
Liveries
,
nor
with
Tenures
or
Wardships
,
but
justifying
them
,
sayes
,
that
the
relief
paid
by
the
Tenant
upon
the
death
of
his
Ancestor
,
was
in
memorial
of
the
first
Lords
favour
in
giving
him
the
Land
,
and
was
first
setled
in
the
Saxons
times
,
that
the
Law
of
Wardship
may
seem
more
antiently
seated
in
this
Kingdom
,
than
the
Normans
times
,
that
Wardship
was
a
fruit
of
the
Service
of
the
Tenant
,
and
for
the
defence
of
the
Kingdom
.
Which
that
Parliament
,
or
the
following
Conventions
,
or
Assemblies
,
made
no
hast
to
overturn
or
take
away
,
until
Oliver
Cromwel
that
Hyaena
,
or
Wolf
of
the
Evening
,
having
filled
the
Kingdom
with
Garrisons
,
&
several
Regiments
of
Horse
and
Foot
,
amounting
to
30000.
men
,
which
were
to
be
constantly
maintained
at
the
peoples
charge
,
to
keep
them
quiet
in
their
slavery
;
had
upon
the
humble
petition
and
advice
of
that
which
he
called
his
Parliament
,
acknowledging
with
all
thankfulness
the
wonderful
mercies
of
God
in
delivering
them
from
that
Tyranny
and
Bondage
,
[
](A54695-e15700-b)(r)
(r)
Petition
of
advice
of
the
Commons
of
England
assembled
in
Parliament
in
An
,
●657
▪
both
in
their
Spiritual
and
Civil
Governments
,
which
the
late
King
and
his
party
(
which
in
a
Fog
or
Mist
of
sin
and
delusion
they
were
pleased
most
injuriously
to
averre
and
charge
upon
them
)
designed
by
a
bloody
War
to
bring
them
under
(
when
as
then
they
were
under
none
,
and
all
but
the
gainers
by
the
spoyles
of
those
Wars
,
have
since
had
more
Burdens
,
Grievances
,
and
Taxes
entailed
upon
them
,
then
ever
was
in
any
Nation
in
Christendome
)
allowed
him
in
a
constant
Revenue
for
support
of
the
Government
,
and
the
safety
and
defence
of
the
Nations
of
England
,
Scotland
,
and
Ireland
,
a
yearly
Revenue
of
thirteen
hundred
thousand
pounds
,
whereof
ten
hundred
thousand
pounds
for
the
Navy
and
Army
;
which
far
exceeded
tha●
which
accrewed
to
the
Crown
or
Kings
of
England
by
Wardships
,
Tenures
,
and
Ship-mony
,
which
were
but
casual
,
and
upon
necessity
,
and
but
at
some
times
or
seldome
,
and
alwayes
less
by
more
than
eight
parts
in
ten
of
those
justly
to
be
complained
of
awful
and
yearly
Asessements
.
Procured
the
Assembly
or
Parliament
so
called
in
Anno
1657.
to
awake
that
sleeping
Ordinance
,
and
dresse
it
into
an
Act
as
he
called
it
of
Parliament
,
wherein
It
was
without
any
Cause
or
Grievance
expres●
,
or
satisfaction
given
,
or
promised
to
those
that
remained
the
loosers
by
it
,
enacted
that
the
Court
of
Wards
and
Liveries
,
and
all
Wardships
,
Primer
seisins
,
and
Oustre
le
maines
,
and
all
other
charges
incident
and
arising
for
,
or
by
reason
of
any
such
Tenures
,
Wardship
,
Primer
seisin
,
or
Oustre
les
maines
,
be
taken
away
from
the
said
24
th
.
day
of
February
1645.
(
though
notwithstanding
this
pretended
Act
,
he
could
for
his
own
profit
continue
and
take
the
Fines
upon
Alienations
)
And
that
all
Homages
,
Licences
,
Seisures
,
Pardons
for
Alienations
,
incident
or
arising
for
,
or
by
reason
of
Wardship
,
Livery
,
Primer
seisin
,
or
Oustre
le
maines
,
and
all
other
charges
incident
thereunto
,
be
likewise
(
according
to
the
new
mode
of
making
retrospective
Acts
of
Parliament
)
taken
away
from
the
said
24
th
.
day
of
February
1645.
And
that
all
Tenures
in
Capite
,
and
by
Knights
service
,
of
the
late
King
,
or
any
other
person
(
when
as
the
Parliament
that
made
the
Ordinance
for
taking
away
Tenures
in
Capite
,
and
by
Knight
Service
,
did
as
was
said
,
promise
that
all
the
mesne
Lords
,
and
others
which
held
of
the
King
,
and
had
others
held
of
them
,
should
be
recompenced
for
the
loss
of
their
Tenures
)
and
all
Tenures
by
Socage
in
cheif
to
be
taken
away
and
turned
from
the
said
four
and
twentieth
day
of
February
1645.
into
free
and
common
Socage
.
Whereby
in
all
probability
,
he
did
but
cause
those
Tenures
in
Capite
,
and
Knight
service
,
to
be
put
down
,
to
the
end
that
he
might
take
them
up
again
at
his
pleasure
,
when
he
should
have
finished
his
wisht
and
devilish
designs
of
making
himself
a
King
over
a
degenerate
(
as
to
the
generality
of
the
people
)
sinful
and
harassed
Nation
,
or
in
stead
of
them
,
to
rule
as
he
had
begun
,
with
his
Janisaries
,
and
Bashawes
,
or
Major
Generals
.
But
whatever
he
or
his
over
awed
and
flattering
Assemblies
,
would
make
a
long
&
often
deluded
Nation
to
believe
concerning
Tenures
in
Capite
and
Chivalry
,
or
that
kind
of
fixed
and
constant
part
of
the
Militia
,
It
was
not
accompted
in
the
holy
Scripture
to
be
any
grievance
to
the
people
of
Israel
,
that
Saul
in
the
government
of
them
,
1
Chronic.
12.23
,
29
,
30
,
33.
had
in
every
Tribe
,
and
of
every
kindred
many
thousands
of
men
of
War
of
the
most
valiant
in
a
standing
Militia
,
as
of
the
Children
of
Ephraim
,
twenty
thousand
and
eight
hundred
mighty
men
of
valour
,
famous
(
and
such
were
our
Nobles
&
Tenants
in
Capite
)
throughout
the
house
of
their
Fathers
;
and
of
Zebulun
,
such
as
went
forth
to
Battle
,
expert
in
war
,
and
were
not
of
double
heart
fifty
thousand
;
or
that
of
the
Children
of
Benjamin
,
the
greatest
part
of
three
thousand
kept
the
Ward
of
Sauls
house
.
Or
that
David
,
a
King
after
Gods
own
heart
,
did
appoint
the
Chief
Fathers
and
Captains
of
thousands
and
hundreds
,
1
Chonic
.
27.1
.
and
their
Officers
that
served
the
King
in
any
matter
of
the
Courses
which
came
in
and
went
out
Month
by
Month
throughout
all
the
Months
of
the
year
,
and
of
every
Course
twenty
and
four
thousand
(
which
were
as
our
Knights
Fees
or
Tenures
in
Chivalry
out
of
a
select
or
more
refined
and
fit
part
of
the
People
,
whose
Estates
,
as
well
as
their
Persons
,
made
them
lyable
unto
it
,
for
the
general
Musters
or
trained
Bands
did
by
many
hundred
thousands
exceeding
that
number
)
which
were
only
as
a
Landguard
or
ready
help
and
defence
upon
all
em●rgencyes
,
&
although
it
be
not
there
said
that
they
held
their
Lands
by
that
,
or
any
military
Service
,
yet
a
great
resemblance
and
affinity
may
be
discerned
betwixt
that
,
and
the
cause
&
reason
of
Tenures
in
Capite
,
which
amongst
that
people
was
lesse
requisite
&
necessary
,
for
that
they
being
alwayes
Marshald
under
Captains
of
Thousands
,
Hundreds
,
Fifties
,
&
Tens
,
were
by
some
not
expressed
Tye
or
Obligation
,
or
their
grand
Obedience
to
the
command
of
their
Kings
and
Princes
,
which
by
a
set
Law
of
the
Almighties
own
enacting
,
in
all
matters
as
well
military
as
civil
,
Deut.
17.12
,
had
no
lesse
a
punishment
than
Death
affixed
to
the
Transgressors
thereof
)
always
ready
to
go
up
to
battle
with
their
King
,
against
any
neighbour
Nation
or
others
,
that
did
them
injury
,
and
leaves
but
this
only
difference
betwixt
our
Tenures
in
Capite
,
and
by
Knight
Service
,
and
(
if
they
were
not
then
in
use
amongst
them
,
)
their
fixed
provisions
for
wars
offensive
or
defensive
,
that
theirs
was
a
continual
charge
upon
so
many
of
the
people
in
every
year
by
turns
or
courses
,
and
ours
upon
the
Princes
,
Nobles
,
and
many
of
the
Gentry
,
and
better
part
of
the
people
(
for
all
of
the
Gentry
had
not
the
happiness
to
have
Lands
originally
given
them
to
hold
by
such
kind
of
Tenures
,
or
did
not
afterwards
purchase
them
of
the
first
proprietors
of
those
beneficiary
and
noble
kind
of
Tenures
)
when
wars
should
happen
,
which
being
not
often
,
or
might
not
perhaps
be
commonly
once
in
forty
or
more
years
,
were
not
then
also
called
out
to
War
themselves
but
when
the
King
went
in
person
,
or
sent
his
Lieutenant
,
and
then
were
to
tarry
with
him
or
send
one
in
their
stead
at
their
own
charges
but
for
forty
dayes
.
No
wrong
was
done
by
Solomon
to
the
people
of
Israel
,
[
](A54695-e16220-b)(s)
(s)
2
Chroni●
.
8.7.8
.
when
he
made
the
people
that
were
left
of
the
Hittites
,
Amorites
,
Perezites
,
Hevites
,
and
the
Jebusites
,
and
their
Children
which
were
not
of
Israel
,
to
pay
Taxes
and
doe
publique
work
.
And
the
Children
of
Israel
,
no
Servants
for
his
work
,
but
men
of
war
,
and
chief
of
his
Captains
of
his
Chariots
and
Horsemen
.
Jehoshaphat
did
not
any
evil
in
the
fight
of
the
Lord
,
when
as
notwithstanding
that
the
Fear
of
the
Lord
had
fallen
upon
all
the
Kingdoms
of
the
Lands
that
were
round
about
Judah
,
[
](A54695-e16320-b)(t)
(t)
2
Chron
▪
17.2.3
▪
10.
so
that
they
made
no
War
against
him
and
the
Philistines
(
the
old
Enemies
of
Judah
and
Israel
)
brought
him
presents
,
and
Tribute
Silver
,
and
he
waxed
exceedingly
great
,
and
built
in
Judah
Castles
and
Cities
of
Store
,
placed
Forces
in
all
the
fenced
Cities
of
Judah
,
set
Garrisons
in
the
Land
of
Judah
,
he
understood
it
whilst
the
Lord
was
with
him
,
2
Palip
.
17.2.10
,
11
,
12
,
13
,
14
,
15
,
16
,
17
,
18
,
19
;
Lib.
1.81
.
&
he
walked
in
the
first
ways
of
his
Father
David
,
to
be
a
Salus
Populi
to
have
the
men
of
War
mighty
men
of
valour
in
Jerusalem
eleaven
hundred
and
threescore
thousand
men
which
waited
upon
the
Kings
besides
those
whom
he
put
in
the
fenced
Cities
.
It
was
no
Imposition
upon
the
people
of
Israel
,
[
](A54695-e16470-b)(w)
(w)
1
Sam.
14.52
.
neither
is
it
in
holy
Writ
made
to
be
any
Error
in
Government
,
that
Saul
(
whom
our
Kings
&
Nobility
in
the
Creation
of
military
Tenures
did
but
imitate
)
when
he
saw
any
strong
man
,
or
any
valiant
man
took
him
unto
him
.
Or
that
David
after
he
was
King
,
hearing
of
the
fame
of
the
Hebronites
,
sought
for
them
,
and
when
there
were
found
among
them
at
Jazer
of
Gilead
Jerijah
the
chief
,
[
](A54695-e16560-b)x
x
1
Chronic.
26.31
,
32.
and
two
thousand
and
seven
hundred
mighty
men
of
valour
made
them
Rulers
over
the
Reubenites
,
and
it
seems
were
also
but
of
some
part
of
them
,
for
that
in
the
next
Chapter
the
Ruler
whom
he
appointed
over
the
Reubenites
the
Gadites
,
and
the
half
Tribe
of
Manasseth
was
Eliezer
the
son
of
Zichri
,
&
over
the
half
Tribe
of
Manasseth
in
Gilead
,
Iddo
the
Son
of
Zechariah
.
Nor
did
Nehemiah
that
great
and
good
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
,
[
](A54695-e16700-b)(y)
(y)
Nehemiah
4.15
,
16
,
19
,
20
,
11.
v.
1.14
.
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
●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
,
[
](A54695-e16840-b)(z)
(z)
2
Sam.
23.8
.
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
A●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
,
[
](A54695-e16990-b)(a)
(a)
1
Reg.
10.4
,
5.
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
,
[
](A54695-e17040-b)(b)
(b)
Esther
1.10.14
.
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
,
[
](A54695-e17500-b)(c)
(c)
Cromptons
Iurisdiction
of
Couts
.
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
●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
Eli●nor
,
Wife
to
King
Henry
the
third
Marchiones
de
Marchia
Walliae
videlicet
Joannes
filius
Alani
Radulphus
de
m●r●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
,
[
](A54695-e17610-b)(d)
(d)
Lib.
rub
.
in
Scac.
et
Camden
Brit
▪
523.
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
th●
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
,
[
](A54695-e18000-b)(w)
(w)
Camden
Brit.
353.
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
[
](A54695-e18100-b)(x)
(x)
Lambard
perambulation
of
Kent
362
▪
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
[
](A54695-e18240-b)(y)
(y)
Camden
Brit.
505.
Barony
of
Abergavenny
in
Monmouthshire
,
was
holden
by
John
Hastings
per
Hom●g●●m
Wardam
&
Maritagium
cum
accide●it
&
s●
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
,
[
](A54695-e18400-b)(r)
(r)
Camden
Brit.
463.
in
4●●
.
when
he
went
to
War
,
and
i●
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
[
](A54695-e18460-b)(s)
(s)
Camden
Brit.
505.
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
be
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
[
](A54695-e18520-b)(t)
(t)
Ro.
●in
.
11
E.
2.
Coke●
1
part
Instit.
70.
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
A●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
as
an
Escheat
annexed
to
the
Crown
of
England
.
And
as
litle
when
any
held
of
the
King
in
Capite
by
some
other
Service
and
not
in
Chivalry
and
by
Knight
Service
,
as
the
Town
of
Shrewsbury
to
cause
12
Towns-men
apud
[
](A54695-e18750-b)(u)
(u)
Camden
Brit.
530.
Angliae
Reges
excubare
cum
in
illa
urbe
agerent
;
To
watch
and
ward
about
the
Kings
Person
(
which
the
affrighted
Cromwel
with
his
guilty
and
terrified
Conscience
would
have
been
well
content
with
)
totidemque
concomitare
cum
venatum
prodirent
,
and
as
many
to
attend
him
whilst
he
rode
on
hunting
,
Or
when
Richard
Pigot
of
Stanford
in
the
County
of
Hereford
,
or
his
Ancestors
had
two
Yard
Land
given
him
there
by
the
King
to
hold
in
Capite
per
servitium
conducendi
Thesaurum
Domini
Regis
,
(
which
Sir
Edward
Coke
calleth
Firmamentum
pacis
,
et
robur
Belli
,
the
Foundation
of
Peace
,
and
strength
of
War
)
de
Hereford
usque
ad
London
quotiescunque
opus
fueries
sumptibus
Domini
Regis
et
in
redeundo
sumptibus
suis
propriis
,
et
etiam
summonendi
Episcopium
Hereford
ad
portas
Manerij
dicti
Episcopi
de
Bromyard
si
contingat
Dominum
Regem
praedictum
Episcopum
implacitare
;
By
the
Service
of
conducting
the
Kings
Treasure
from
Hereford
to
London
as
oft
as
there
should
be
occasion
,
at
the
Kings
charge
in
going
thither
,
and
at
his
own
,
in
his
retorn
,
and
to
summon
the
Bishop
of
Hereford
at
the
Gates
or
door
of
his
Manour
of
Bromyard
,
when
it
should
happen
that
the
King
should
implead
him
.
Never
troubled
the
heart
of
Roger
the
Kings
Taylor
,
when
the
King
gave
him
a
good
quantity
of
Land
in
Halingbury
in
the
County
of
Essex
,
tenendum
per
Serjeantiam
solvendi
ad
Scaccarium
Domini
Regis
unum
Acum
argenteum
quolibet
anno
in
cras●ino
Sancti
Martini
,
To
hold
the
Serjeanty
of
paying
yearly
at
the
Exchequer
upon
the
morrow
of
St.
Martin
a
silver
Needle
.
Nor
did
the
Donees
,
or
those
who
had
those
Lands
of
so
free
a
gift
or
bounty
esteem
them
to
be
any
burden
,
could
it
be
heavy
or
troublesome
to
their
Heirs
or
those
that
should
succeed
them
in
those
Lands
,
whenas
our
Kings
did
successively
give
away
so
great
a
part
of
the
Lands
of
England
as
were
holden
in
Capite
and
by
Knight
Service
,
either
to
follow
or
serve
them
in
the
Wars
for
their
own
defence
as
well
as
theirs
,
or
for
their
attendance
(
wh●rein
they
received
more
honour
than
their
Princes
gained
by
it
)
at
their
Coronations
,
or
other
great
Solemnities
by
grand
Serjeanty
or
by
petit
Serjeanty
,
to
present
them
at
some
times
of
the
year
with
a
Rose
,
or
a
Hawk
,
or
a
pair
of
Spurs
,
or
an
Arrow
,
to
keep
them
a
Hawk
or
Hounds
,
provide
necessaries
in
their
Progresse
for
their
houshold
Expences
▪
Sumpter
Horses
in
their
Journey
to
some
particular
place
,
Straw
for
their
Bed
,
and
Rushes
for
their
Chamber
,
as
if
they
gave
away
all
to
receive
almost
nothing
for
it
,
and
so
willingly
as
be
put
themselves
to
some
trouble
to
devise
what
kind
of
grateful
acknowledgments
should
be
made
them
in
a
perpetuity
,
or
as
far
as
they
could
reach
to
a
supposed
or
hoped
for
Eternity
,
&
that
many
of
their
Tenures
where
there
were
not
necessaryes
in
war
or
peace
reserved
,
do
seem
to
be
but
so
far
for
pleasure
and
merryment
,
as
they
did
not
care
what
was
reserved
,
so
it
was
but
something
,
as
to
hold
the
Kings
head
at
Sea
when
he
should
sail
betwixt
Dover
and
VVhitsand
,
or
hold
the
Cord
by
which
the
Sail
was
tyed
,
when
the
Queen
(
not
to
shoot
with
Guns
and
Canons
,
as
some
of
the
Covenanters
for
the
late
Kings
good
could
find
the
way
to
do
at
his
deer
Wife
the
Queen
Mother
that
now
is
)
should
pass
the
Seas
into
France
,
cum
multis
aliis
,
with
many
other
sortes
and
kinds
,
not
here
to
be
enumerated
without
the
trouble
of
a
volume
,
which
those
honester
times
having
a
better
opinion
of
gratitude
,
and
not
thinking
it
to
be
so
crazy
or
mortal
as
now
every
one
finds
it
to
be
,
did
liberally
create
and
bestow
.
No
wrong
was
done
to
them
that
had
Lands
given
to
them
and
their
Heirs
by
a
Mesne
Lord
,
before
the
Statute
of
Quia
emptores
terrarum
,
as
our
forefathers
the
Saxons
,
long
before
the
Conquest
believed
;
when
as
Byrhtrick
a
Saxon
of
great
note
and
eminency
in
Kent
,
holding
Lands
of
Aelsrick
a
Mesne
Lord
,
did
by
his
last
will
and
testament
in
the
first
place
,
give
to
his
natural
Lord
a
Bracelet
of
fourscore
marks
of
Gold
,
one
Hatchet
of
half
as
much
,
four
Horses
,
two
of
them
trapped
,
two
Swords
trimmed
,
two
Hawks
,
and
all
his
Hounds
;
and
to
the
Lady
his
wife
,
one
Bracelet
of
thirty
marks
of
Gold
,
and
one
Horse
to
intreat
that
his
Testament
(
wherein
he
devised
great
quantities
of
land
to
divers
persons
,
and
to
charitable
uses
,
and
the
Lords
consent
was
very
necessary
)
stand
may
,
and
prayed
his
dear
leefe
Lord
that
he
do
not
suffer
that
any
man
his
Testament
do
turn
aside
.
Nor
to
the
County
of
Hertford
,
or
places
adjacent
,
when
Leofranus
Abbot
of
St.
Albans
,
gave
in
Edward
the
Confessors
reign
,
unto
Turnot
,
Waldef
,
and
Thurman
,
three
Knights
,
the
Mannor
of
Flamsteed
in
the
County
of
Hertford
,
to
be
holden
by
the
service
,
ut
regionem
vicinam
contra
latrones
defend●rent
,
to
the
end
that
they
should
defend
the
neighbour-hood
against
Thieves
.
And
no
hurt
to
the
Common-wealth
,
when
as
the
Nobility
and
great
men
of
England
,
imitating
the
bounty
and
munificence
of
their
Kings
and
Princes
,
for
the
enabling
themselves
to
serve
their
King
&
Country
,
did
bountifully
give
much
of
their
own
Estates
▪
&
Demes●s
to
divers
of
their
friends
&
[
](A54695-e19270-b)(y)
(y)
Camden
Brit.
361.
followers
to
hold
of
them
by
Knight
service
,
or
some
honourable
&
seldom
services
about
their
Persons
or
Estates
;
As
the
Earls
of
Oxford
,
Arundel
;
Norfolk
,
Hereford
,
&
Essex
,
Hertford
,
&
Gloucester
,
Leicester
,
Chester
,
Lancaster
,
Northumberland
,
&
other
antient
Earls
,
did
when
they
severally
gave
to
those
who
had
so
litle
wrong
done
them
by
their
kindness
,
as
they
have
for
many
ages
,
and
doe
yet
continue
men
of
worship
and
great
estates
in
their
Counties
,
as
many
as
100
Knights
fees
,
many
times
more
,
and
seldome
less
,
to
be
holden
of
them
by
Knight
service
,
which
at
the
now
value
of
Lands
,
reckoning
every
Knights
fee
as
Sr.
Edward
Cooke
doth
,
if
at
100
l.
per
annum
,
which
is
the
lowest
value
,
would
be
10000
l.
per
annum
,
&
at
200
l.
per
an
.
which
is
the
most
probable
medium
rate
,
will
amount
unto
no
less
than
20000
l.
per
annum
.
That
Harden
Castle
in
Cheshire
,
with
the
lands
thereunto
belonging
,
of
a
great
yearly
value
in
the
County
of
Chester
,
was
given
by
an
Earl
of
Chester
,
to
be
holden
of
the
Earl
and
his
heirs
,
per
senescalciam
comitum
Cestriae
,
[
](A54695-e19430-b)(a)
(a)
Camden
Brit.
604.
by
the
service
of
being
Stewards
to
the
Earls
of
Chester
.
Or
that
the
Castle
and
Mannor
of
Tunbridge
,
and
the
Mannors
of
Vielston
,
[
](A54695-e19490-b)(b)
(b)
Lambards
Perambulation
of
Kent
.
Horsmund
,
Melyton
,
and
Pettis
in
the
County
of
Kent
,
were
holden
by
Richard
de
Clare
,
Earl
of
Gloucester
and
Hertford
,
of
the
Arch-Bishop
of
Canterbury
,
by
agreement
and
composition
made
betwixt
the
said
Earl
and
Boniface
Arch-Bishop
of
Canterbury
,
in
the
raign
of
King
H.
3.
by
the
service
of
four
Knights
Fees
,
and
to
be
high
Stewards
,
and
high
Butlers
to
the
Arch-Bishops
of
that
See
at
their
Consecration
,
taking
for
their
service
in
the
Stewardship
,
seven
competent
Robes
of
Scarlet
,
thirty
gallons
of
Wine
,
thirty
pound
of
Wax
for
his
light
livery
,
of
Hay
and
Oates
for
eighty
Horse
for
two
nights
,
the
Dishes
and
Salt
which
should
stand
before
the
Arch-Bishop
in
that
Feast
,
and
at
their
departure
,
the
dyet
of
three
dayes
at
the
cost
of
the
Arch-Bishop
,
at
four
of
his
then
next
Mannors
wheresover
they
would
;
So
that
the
said
Earls
repaired
thither
but
with
fifty
Horse
,
and
taking
also
for
the
Office
of
Butlership
,
other
seven
like
Robes
,
twenty
gallons
of
Wine
,
fifty
pound
of
Wax
like
livery
,
for
sixty
Horses
for
two
nights
,
the
Cup
wherewith
the
Arch-Bishop
should
be
served
,
all
the
empty
Hogsheads
of
Drink
,
and
for
six
Tun
of
Wine
,
so
many
as
should
be
drunk
under
the
Bar
;
all
which
services
were
accordingly
performed
by
Gilbert
de
Clare
,
Earl
of
Gloucester
and
Hertford
,
at
the
In●hronization
of
Robert
Winchelsey
Arch-Bishop
of
Canterbury
;
and
by
the
same
Earl
to
Arch-Bishop
Reignolds
;
by
Hugh
Audley
,
afterwards
Earl
of
Gloucester
,
to
John
Stratford
Arch-Bishop
of
Canterbury
;
by
the
Earl
of
Stafford
,
to
whom
the
Lordship
of
Tunbridge
at
length
came
,
to
Simon
Sudbury
Arch-Bishop
of
that
See
;
and
by
Edward
Duke
of
Buckingham
,
to
William
Warham
Arch-Bishop
of
Canterbury
,
and
executed
the
Stewardship
in
his
own
person
,
and
the
Butlership
by
his
Deputy
Sr.
Thomas
Burgher
Knight
.
No
disparagement
to
the
Knightly
family
of
the
Mordants
,
in
the
County
of
Essex
,
that
they
hold
the
Mannor
of
Winslowes
in
Hempsteed
,
in
the
said
County
,
of
the
Earls
of
Oxford
,
by
the
service
of
a
Knights
Fee
,
and
to
be
his
Champion
,
and
to
come
to
the
Castle
of
Hedingbam
the
day
of
the
Earls
mariage
,
riding
in
compleat
harness
to
Defie
or
bid
Battel
to
any
that
should
deny
him
to
be
Earl
of
Oxford
,
and
to
see
what
order
was
kept
in
the
Hall
there
,
which
Robert
Mordant
Esq
performed
in
his
own
person
the
14
th
.
day
of
December
,
in
the
14
th
.
year
of
the
raign
of
Queen
Eliz.
being
the
day
of
Edward
Earl
of
Oxford's
marriage
,
though
it
was
not
there
solemnized
.
Or
to
Sr.
Giles
Allington
,
the
Auncestor
of
the
now
Lord
Allington
,
to
hold
his
Mannors
called
Carbonnels
and
Lymberies
in
Horsed
in
the
County
of
Cambridge
,
by
the
service
of
a
Knights
Fee
and
a
half
,
and
to
attend
upon
the
Earl
the
day
of
his
marriage
,
and
to
hold
his
stirrop
when
he
goeth
to
horseback
,
which
service
he
performed
in
person
at
White-Hall
the
14
th
.
day
of
December
in
the
14
th
.
year
of
the
raign
of
Queen
Eliz.
being
the
marriage
day
of
the
said
Edward
Earl
of
Oxford
,
in
the
presence
of
the
Earls
of
Bedford
,
Huntington
,
and
Leicester
,
the
Lord
William
Howard
,
Lord
Chamberlain
of
the
Queens
houshold
,
and
the
Lord
Burleigh
&c.
Those
Dreams
or
Fancies
of
Grievances
by
Tenures
in
Capite
and
Knight
Service
,
were
never
presented
in
those
thousands
of
Court
Leets
,
or
Law
daies
,
which
twice
in
every
year
now
for
almost
600
years
since
the
Conquest
,
and
very
long
before
,
made
it
a
great
part
of
their
businesse
to
enquire
upon
oath
of
Grievances
,
Extortions
,
and
Oppressions
.
Nor
in
those
yearly
grand
enquests
to
the
like
purpose
,
which
have
been
twice
in
every
year
,
for
many
hundreds
of
years
past
,
by
the
oath
of
the
most
sufficient
Knights
,
Gentlemen
and
Free-holders
,
of
the
County
of
Middlesex
.
It
neither
was
,
nor
is
,
nor
can
by
any
reasonable
intendment
,
be
taken
to
be
a
grieveance
,
to
do
,
or
perform
that
which
by
the
Laws
of
God
,
Nature
,
and
Nations
,
the
Laws
,
reasonable
Customs
,
and
the
fundamental
Laws
of
England
,
hath
so
often
,
and
through
all
times
and
ages
,
and
the
memory
of
man
and
Records
,
which
are
monumenta
veritatis
,
&
vetustatis
,
ever
been
allowed
,
repeated
,
and
confirmed
in
Parliament
,
without
the
least
of
any
contradiction
,
or
repeal
,
and
is
but
upon
necessity
and
occasion
to
defend
the
King
,
themselves
,
their
Country
,
Friends
,
and
Neighbours
,
and
to
do
that
which
every
Gentleman
,
and
such
as
are
e
meliori
Luto
,
of
the
more
refined
Clay
,
and
better
born
,
&
bred
than
the
vulgus
,
or
common
sort
of
people
would
be
willing
to
do
&
as
that
learned
French
Lawyer
B●issonius
well
observeth
,
[
](A54695-e20250-b)(c)
(c)
Barn
.
Brisson
.
in
Basilic
.
lib.
6.
tit.
13.
Qu'
en
la
necessite
de
guerre
toutes
l●s
gentilz
hommes
sont
tenus
de
prendre
les
A●mes
p●ur
la
necessite
du
Roy
,
That
in
necessity
of
War
,
every
Gentleman
is
bound
to
take
Arms
,
and
go
to
the
Wars
,
[
](A54695-e20300-b)(d)
(d)
21
E.
3.
●3
.
45
.
E.
3.
●●
.
for
the
defence
of
the
King
,
which
by
our
Laws
of
England
,
is
so
to
be
encouraged
,
as
it
is
Treason
to
kill
any
man
that
goeth
to
aid
the
King
in
his
Wars
,
and
is
no
more
than
what
the
Oaths
of
Allegiance
,
and
Supremacy
doth
bind
every
Englishman
unto
,
though
they
should
tarry
in
the
Camp
more
than
forty
days
,
[
](A54695-e20330-b)(e)
(e)
Iudges
5.23
.
or
not
have
Escuage
,
or
any
allowance
of
their
charges
from
their
own
Tenants
,
and
is
but
that
duty
which
Deborah
and
Baruch
believed
that
every
Subject
was
bound
to
perform
,
when
they
cursed
Meroz
(
not
as
some
of
our
Pulpit
Incendiaries
did
when
they
traiterously
inverted
the
Text
,
to
encourage
the
people
to
fight
against
their
King
)
in
that
they
came
not
forth
to
battel
to
help
the
Lord
against
the
mighty
,
and
the
loyal
Uriah
would
not
forget
,
when
the
King
himself
could
not
perswade
him
to
go
into
his
own
House
,
to
eat
,
and
to
drink
,
and
lye
with
his
Wife
,
when
the
Ark
,
and
Judah
and
Israel
abide
in
Tents
,
[
](A54695-e20430-b)(f)
(f)
2
Sam
▪
11
11.
and
his
Lord
Joab
,
and
the
Servants
of
his
Lord
were
incamped
in
the
open
field
,
and
which
the
good
old
Barzillai
,
in
the
rebellion
of
Absolom
against
his
King
and
Father
David
,
thought
was
incumbent
upon
him
,
when
he
could
not
bring
his
loyal
mind
to
think
it
to
be
enough
to
provide
the
King
of
sustenance
,
while
he
lay
at
Mahanami
,
unlesse
when
he
himself
was
fourscore
years
old
,
and
could
not
taste
what
he
eat
or
drank
;
he
also
should
come
down
from
Rogelim
,
and
go
as
he
did
with
his
Son
Chimham
,
over
Jordan
,
with
the
King
to
conduct
him
,
and
would
not
accept
of
the
Kings
offer
or
reward
,
to
live
with
him
at
Jerusalem
(
which
those
that
hold
in
England
their
Lands
and
goodly
Revenues
by
those
beneficial
Tenures
in
Capite
,
of
a
free
guift
,
and
in
perpetuity
may
be
said
to
do
and
have
more
also
then
was
offered
Barzillai
for
the
remainder
of
an
old
and
worn-out
life
,
[
](A54695-e20580-b)(g)
(g)
2
Sam.
19.31
32
,
33.35
.
&
36.
but
sayes
why
should
the
King
recompence
it
with
such
a
reward
.
And
is
but
the
performance
of
the
original
contracts
made
betwixt
the
kind
Donors
,
and
the
thankful
Tenants
,
and
the
observing
of
faith
and
promises
,
which
is
the
ingens
vinculum
,
and
next
unto
the
Divine
Providence
,
the
grand
support
of
the
world
,
and
the
quiet
repose
and
peace
of
all
mankind
,
makes
a
certainty
in
all
their
actions
,
and
leads
to
the
Mountain
of
Holinesse
,
and
the
Hill
of
eternal
rest
and
blessednesse
.
No
grinding
of
the
face
of
the
poor
,
which
(
if
it
were
any
as
it
can
never
be
evinced
to
be
)
could
not
commonly
,
or
ordinarily
be
in
the
case
of
such
Tenures
,
when
as
those
which
are
any
way
concerned
in
it
,
are
men
of
good
Estates
and
Revenues
,
and
would
be
loth
to
be
under
any
other
notion
to
pay
a
reasonabe
Escuage
assessed
in
Parliament
,
when
they
went
not
themselves
,
or
sent
any
in
their
stead
,
and
where
their
Tenants
went
not
in
person
to
defend
their
Lords
as
well
as
their
King
,
to
have
as
much
assessed
upon
them
,
and
by
no
other
than
a
Parliament
,
wherein
the
Commons
of
England
had
their
Representatives
of
their
own
Election
.
Neither
were
the
Kings
of
England
,
or
the
Mesne
Lords
in
the
case
of
those
Tenures
any
Egiptian
Task-Masters
,
when
those
that
held
under
them
,
had
such
benefits
and
bounties
of
free
guift
,
and
if
they
have
been
since
transferred
,
and
aliened
,
that
part
of
it
,
viz.
the
Tenures
,
and
a
gratefull
acknowledgement
of
the
favour
of
the
first
givers
were
neither
sold
or
paid
for
in
the
purchase
,
but
the
Services
were
by
Act
and
operation
of
Law
,
and
the
Statute
of
Quia
emptores
terrarum
,
reserved
to
the
first
Donors
,
by
an
expresse
Covenant
in
the
deeds
of
purchase
to
be
performed
to
the
Lords
of
whom
they
were
holden
,
and
it
is
a
maxime
in
Law
,
Quod
nemo
plus
juris
in
alium
transferre
potest
quam
in
ipso
est
,
that
no
man
can
grant
or
transferre
a
greater
right
than
he
hath
,
or
is
in
him
.
And
are
if
a
right
consideration
of
things
shall
not
be
,
as
it
hath
been
too
much
in
the
times
of
our
late
Frenzies
,
and
Distractions
,
adjudged
a
premunire
,
or
committing
high
Treason
.
More
noble
Tenures
than
that
of
Soccage
,
by
how
much
a
rustick
and
Plowmans
life
,
and
demeanor
,
was
ever
in
all
ages
,
and
amongst
all
Nations
,
which
had
any
civility
,
and
understanding
,
justly
accompted
to
be
so
far
inferior
to
the
Equestris
ordo
,
Gentlemen
,
or
men
of
more
noble
imployments
.
As
that
those
and
not
the
military
Tenures
were
truly
accompted
to
be
a
kind
of
Slavery
,
according
as
they
were
in
their
original
Institution
,
before
the
favour
obtained
of
the
King
and
Mesne
Lords
,
to
reduce
their
drudgeries
,
to
easy
and
small
quit
Rents
,
and
to
be
but
litle
better
than
Joshuas
Gibeonites
,
Hewers
of
Wood
,
and
Drawers
of
Water
,
or
Solomons
Perezites
,
and
Jebusites
,
to
be
imployed
as
his
Servants
and
Work-men
.
And
as
now
they
are
,
or
expect
to
be
in
that
which
they
would
imagine
to
be
their
better
condition
,
holding
in
free
and
common
Soccage
,
by
fealty
only
for
all
services
,
and
being
not
to
be
excused
from
Aydes
,
to
make
the
Kings
eldest
Son
a
Knight
,
or
for
the
marriage
of
his
Daughter
,
or
to
pay
a
years
value
of
their
Lands
,
and
sometimes
double
the
rent
which
is
to
be
payed
at
the
death
of
every
Tenant
,
and
may
amount
to
a
great
deal
more
than
the
ordinary
,
low
,
and
favourable
rate
of
five
pounds
for
a
releif
for
every
Knights
Fee
,
50
shillings
for
a
half
,
and
25
shillings
for
a
quarter
of
a
Knights
Fee
,
and
lesser
according
to
the
smaller
proportions
of
the
Lands
which
they
hold
;
would
in
all
likelyhood
if
they
might
but
enjoy
the
antient
,
and
long
agoe
discontinued
priveledge
,
which
the
Tenures
by
Knight
service
,
in
Capite
,
[
](A54695-e20880-b)(h)
(h)
Charta
H.
1.
et
Regis
Iohannis
et
9.
H.
3.
cap
10.
were
to
enjoy
by
the
Charter
or
Magna
Charta
of
King
H.
1.
of
not
having
Lands
of
that
kind
of
Tenure
which
was
in
their
own
Demeasne
charged
with
any
other
Assessements
or
services
than
what
they
were
obliged
unto
by
their
Tenures
.
And
was
no
more
than
what
was
before
the
common
Justice
and
right
Reason
of
this
nation
,
be
now
very
well
content
to
exchange
their
free
as
they
call
it
Socage
Lands
,
which
was
antiently
understood
to
be
no
other
than
feudum
ignobile
et
plebeium
,
an
ignoble
and
plebeian
Fee
or
Estate
,
[
](A54695-e20960-b)(i)
(i)
Spelmans
Glossar
260
,
261.
and
as
Sr.
Henry
Spelman
saith
,
nobili
opponitur
,
et
ignobilibus
,
et
rusticis
competit
nullo
feudali
privilegio
ornatum
,
et
feudi
nomen
sub
recenti
seculo
perperam
,
et
abusu
rerum
auspicatum
est
,
is
opposed
or
contra
distinguished
to
the
more
noble
Tenures
,
and
being
not
entituled
to
any
feudal
priviledge
,
belongs
only
to
Ignoble
and
Rusticks
,
and
hath
of
late
times
improperly
and
by
abuse
gained
the
name
of
Fee
,
for
Lands
holden
in
Capite
,
and
by
Knight
service
;
So
as
they
might
be
free
from
all
assessements
and
charges
of
War
,
under
which
burden
the
Owners
of
Lands
holden
by
any
kind
of
Tenures
have
for
these
last
Twenty
years
heavily
groaned
,
and
if
Mr.
Prynne
had
not
publiquely
and
truly
said
it
did
mu●●is
parasangis
,
by
many
and
very
many
degrees
out
goe
all
that
was
pretended
to
be
a
Grievance
,
by
the
Court
of
Wards
,
and
Tenures
in
Capite
,
and
by
Knight
service
,
which
all
things
rightly
considered
,
are
a
more
free
,
beneficial
,
franck
,
and
noble
kind
of
Tenure
,
the
Mariages
of
the
Heirs
in
Minority
only
excepted
,
which
not
often
happening
are
notwithstanding
abundantly
recompenced
by
the
freenesse
of
the
gift
,
seldom
Services
and
other
Immunityes
.
Then
Socage
,
which
those
many
Tenants
which
hold
by
a
certain
rent
of
Sir
Anthony
Weldens
Heir
for
Castle-Guard
to
the
ruined
Rochester
Castle
in
Kent
,
to
pay
3
s.
4
d.
nomine
paenae
,
by
way
of
Penalty
for
every
Tide
,
which
after
the
Time
limited
for
payment
,
shall
run
under
Rochester
Bridge
,
and
the
Rent
and
Arrears
refused
,
though
tendred
the
next
day
,
do
not
find
to
be
the
best
of
Tenures
,
or
so
good
as
that
of
Knight
Service
,
&
in
Capite
.
Which
is
better
than
that
which
the
Tenants
in
Cumberland
and
other
Northern
Partes
do
claim
by
a
kind
of
inheritance
and
Tenant
Right
,
[
](A54695-e21150-b)(k)
(k)
Littleton
cap.
9.
wherein
they
can
be
well
contented
to
pay
their
Lord
a
thirty
peny
●ine
at
every
Alienation
,
and
a
twenty
peny
upon
the
Death
of
an
Ancestor
,
or
the
death
of
their
Lord
according
to
the
Rate
of
the
small
yearly
Rent
which
they
pay
to
their
Lords
,
[
](A54695-e21160-b)(l)
(l)
Fitz
Herbert
N.
B.
12.
b.
14.
&
165.
Better
then
all
or
most
kind
of
Estates
or
Tenures
,
and
better
than
that
at
will
,
which
many
are
well
apaied
with
,
and
better
than
those
of
Copyholders
,
[
](A54695-e21190-b)(m)
(m)
Mich.
7
E.
4.19
.
who
if
the
Lords
of
Manours
put
them
out
of
their
Estates
,
have
no
Remedy
but
by
Petition
to
them
.
Can
have
no
Writ
of
Right-Close
to
command
their
Lords
to
do
them
Right
without
Delay
according
to
the
Custom
of
the
Manour
.
No
Writ
of
false
Judgement
at
the
Common
Law
upon
Judgments
given
in
the
Lords
Court
,
but
to
sue
to
the
Lord
by
Petition
,
nor
can
sue
any
Writ
of
Monstraverunt
to
command
their
Lords
not
to
require
of
them
other
Customs
or
Services
than
they
ought
to
do
.
Are
to
pay
upon
their
admission
an
uncertain
Fine
at
the
will
of
the
Lord
,
who
,
if
they
be
unreasonable
,
the
most
they
can
be
compelled
unto
by
any
Court
or
Rule
of
Justice
,
is
a
reasonable
Fine
,
commonly
adjudged
or
estimated
at
two
years
value
,
and
either
certain
or
uncertain
,
are
to
be
paid
at
the
death
or
alienation
of
every
Tenant
(
which
doe
as
in
Socage
happen
more
often
and
constantly
than
that
of
Escuage
and
Knight
Service
)
and
have
many
Payments
,
Forfeitures
,
Restraints
,
and
Dependencyes
attending
that
kind
of
Estate
and
Inheritance
,
as
in
some
places
the
Heir
to
forfeit
his
Land
,
if
after
three
Solemn
Proclamations
in
three
several
Courts
he
comes
not
in
,
payes
his
Fine
and
prayes
to
be
admitted
,
or
shall
without
any
reasonable
cause
of
absence
wilfully
refuse
to
appear
after
summons
at
his
Lords
Court
Baron
,
or
to
be
sworn
of
the
homage
,
or
denie
himself
to
be
a
Coppy-holder
,
payeth
not
his
Fine
when
it
is
assessed
,
or
sues
a
Replevin
against
his
Lord
distraining
for
Rent-service
,
payes
not
his
Rent
,
or
permits
or
commits
voluntary
wast
,
by
plucking
down
an
antient
built
house
,
and
building
up
a
new
in
the
place
,
or
cutting
Timber
without
licence
,
may
be
fined
or
amerced
,
if
he
speak
unreverently
of
his
Lord
,
or
behave
himself
contemptuously
towards
him
,
is
at
his
Death
to
pay
his
best
beast
,
or
if
he
hath
none
,
the
best
peice
of
his
housholdstuffe
for
a
herriot
,
and
in
some
places
for
it
varies
according
to
several
customes
,
is
to
give
the
Lord
a
certain
sum
of
mony
every
month
during
Wars
,
to
bear
his
charges
,
cannot
be
sworn
of
the
Homage
,
or
bring
a
plaint
in
the
nature
of
an
Assize
,
untill
he
be
admitted
Tenant
to
his
Land
,
the
Wife
shall
not
have
her
Bench
or
Life
in
her
Husbands
Copyhold
Estate
,
if
she
marry
without
Licence
of
the
Lord
,
and
in
some
places
,
if
she
will
redeem
it
,
must
come
riding
into
the
Court
upon
a
●lack
Ram
,
or
as
in
the
manner
of
South
Peve●ton
in
Somersetshire
,
being
[
](A54695-e21290-b)(n)
(n)
H
▪
l.
7.
E.
1.
coram
Rege
.
an
an●ient
D●mesne
,
where
a
Widdow
convicted
of
Fornication
,
shall
as
an
Escheat
to
the
Lord
of
the
Mannor
,
forfeit
all
her
Lands
and
Goods
,
and
the
Tenant
is
by
a
peculiar
custom
in
some
places
before
he
can
inforce
his
Lord
to
admit
any
one
to
his
Coppyhold
to
make
a
prosf●r
thereof
to
the
next
of
the
blood
,
or
to
his
Neighbours
ab
orientesole
,
inhabiting
Eastward
of
him
,
who
giving
as
much
as
another
,
is
to
have
it
,
and
many
more
inconveniencies
,
and
unpleasing
customes
,
not
here
remembred
,
which
they
who
in
the
Raign
of
H.
3.
and
E.
1.
Or
when
Bracton
and
Fleta
wrote
,
were
but
Tenants
at
the
will
of
the
Lord
,
and
by
an
accustomed
and
continued
charity
,
fixed
and
setled
upon
them
and
their
Heirs
,
are
now
become
to
be
the
owners
of
a
profitable
and
well
to
be
liked
inheritance
,
secundum
consuetudinem
manerij
,
according
to
the
custome
of
the
Mannor
,
could
never
by
any
manner
of
Reason
or
Justice
,
require
a
better
usage
,
o●
find
the
way
to
complain
of
,
untill
our
late
horrid
and
irrational
Confusions
,
when
Injustice
accused
Iustice
,
Oppression
complained
of
Right●
,
and
the
wickedest
o●
Gains
,
was
called
the
refined
Godlinesse
,
and
when
they
got
so
much
incouragement
,
as
in
the
height
of
a
grand
and
superlative
ingratitude
,
to
cry
aloud
and
clamour
against
their
Lords
who
were
nothing
else
but
their
,
good
and
great
Benefactors
,
and
would
make
as
many
as
they
could
,
beleive
that
their
Coppyhold
Estates
which
were
great
Acts
of
Charity
in
the
time
of
the
Saxons
,
were
now
nothing
lesse
than
Norman
Slaveries
.
Are
better
also
than
Estates
for
lives
or
years
,
which
are
not
(
unless
in
case
of
a
seldome
happening
minority
,
which
is
otherwise
recompenced
)
so
happy
in
their
conditions
,
as
Tenures
in
Capite
,
and
by
Knight
Service
,
but
are
more
clogged
and
incumbred
with
Covenants
or
operation
of
Law
,
then
Knight
Service
,
as
the
Tenant
to
be
punished
with
treble
dammage
,
and
a
forfeiture
of
Locum
vastatum
,
the
place
wasted
,
for
wast
committed
or
permitted
to
be
done
,
in
but
cutting
down
an
Apple
tree
in
an
Orchard
,
or
a
few
Willows
or
other
Trees
that
grow
about
the
House
,
or
plowing
up
land
that
was
not
arrable
,
cannot
Assigne
his
Term
,
or
make
a
Lease
of
part
of
it
,
or
cut
down
Timber
of
Wood
without
leave
of
his
Lord
,
is
stinted
to
his
fewel
or
firewood
,
and
to
have
so
many
Loads
only
to
burn
,
is
not
to
carry
any
dung
of
the
ground
,
is
to
forfeit
his
Lease
,
if
he
pay
not
his
Rent
,
if
demanded
at
the
time
appointed
,
and
many
times
strict
Nomine
Penaes
for
every
day
after
in
which
it
shall
be
unpaid
,
must
carry
so
many
loads
of
Wood
or
Coal
,
every
year
for
his
Land-lord
,
pay
quarters
of
Wheat
;
Rent
Capons
,
a
Boar
,
or
Brawn
,
a
Mutton
or
fat
Calf
,
and
the
like
,
renewing
thereby
again
the
old
kind
of
Socage
,
by
their
own
Covenants
,
or
for
their
own
conveniency
,
agreeing
to
find
so
many
men
furnished
with
Pikes
▪
or
Musquets
,
in
the
service
of
their
Land-lords
,
in
the
time
of
Wars
,
which
was
not
long
agoe
done
in
Ireland
,
by
some
Tenants
of
the
late
Lord
Conway
,
which
is
no
lesse
then
a
Military
Tenure
,
Wardships
,
and
Marriage
only
expected
.
And
whether
for
lives
or
years
doe
live
under
as
many
other
harsh
and
uncomfortable
Covenants
and
Conditions
,
as
the
warinesse
,
distrust
,
or
griping
of
their
Land-lords
,
will
put
or
enforce
upon
them
,
which
he
that
hath
not
the
property
of
the
Land
which
he
renteth
,
and
knows
it
to
be
none
of
his
own
,
is
to
endure
the
more
patiently
,
because
if
he
will
not
take
it
,
or
hold
it
,
so
,
another
will
be
glad
to
do
it
,
and
that
Covenants
and
Obligations
which
were
at
first
but
voluntatis
,
at
the
Tenants
will
and
pleasure
,
before
they
were
entered
into
,
do
afterwards
as
the
Civil
Law
saith
,
become
to
be
necessitatis
,
and
cannot
be
avoyded
.
So
as
Tenures
in
Capite
and
Knight
service
,
being
more
beneficial
,
and
most
commonly
less
troublesome
and
incumbred
,
than
either
Socage
,
or
Copyhold
Tenures
,
or
Estates
for
lives
,
or
years
,
which
are
more
than
two
parts
of
three
of
the
Lands
of
the
Kingdom
,
and
are
yet
well
enough
endured
,
purchased
,
and
daily
sought
for
,
and
when
all
is
said
that
can
be
truly
,
and
rationally
alleadged
for
any
good
that
is
in
them
,
that
in
Capite
,
and
by
Knight
service
,
being
the
most
noble
and
best
of
Tenures
,
will
weigh
heavier
in
the
ballance
of
any
reasonable
,
impartial
,
or
knowing
mans
understanding
;
it
cannot
be
imagined
from
which
of
the
many
points
of
the
compasse
,
or
Card
of
the
vulgar
,
and
unruly
apprehensions
the
Wind
,
or
Heri●an
of
the
complaints
can
come
which
are
made
against
them
,
unless
any
should
be
so
bruitish
as
to
think
the
payments
of
Rent
to
their
Land-Lords
,
or
the
performing
of
their
oaths
when
they
make
Fealty
,
or
their
Covenants
,
Promises
,
or
Contracts
,
are
a
grievance
.
And
therefore
until
upon
any
account
of
truth
,
or
reason
,
a
just
,
and
more
than
ordinary
care
of
the
King
,
shall
be
reckoned
to
be
a
Curse
,
Favour
a
Fault
,
Protection
a
Persecution
,
Benefits
shall
be
taken
for
Burdens
,
Blessings
,
for
Bondage
,
performance
of
promises
,
a
Sin
,
and
compelling
of
them
an
injury
,
and
gratitude
and
due
acknowledgement
for
Subsistance
,
Lively-hood
and
Liberty
,
be
made
a
cause
of
complaint
,
&
every
thing
that
gives
the
people
not
a
Liberty
to
undoe
,
cheat
and
ruine
one
another
,
be
called
(
though
it
never
deserved
it
)
a
grievance
,
it
must
and
may
well
remain
a
wonder
never
to
be
satisfied
,
how
Tenures
in
Capite
,
and
by
Knight
service
,
which
until
these
distempered
times
,
had
no
complaint
made
of
them
,
nor
could
ever
be
proved
to
be
any
publique
,
or
general
mischief
or
inconveniences
,
(
for
seldom
,
or
as
to
some
particulars
,
there
may
be
in
the
best
of
Institutions
,
or
the
most
eminent
,
or
excellent
of
sublunary
things●
,
or
actions
,
something
of
trouble
or
molestation
,
)
should
after
so
long
an
approbation
of
so
many
ages
past
,
without
any
reason
given
,
other
then
by
a
bargain
for
increase
,
or
making
a
constant
Revenue
to
lessen
the
Majesty
and
just
power
of
our
Kings
,
which
the
Parliament
will
certainly
endeavour
all
they
can
to
uphold
,
be
now
so
unlucky
,
as
to
be
put
and
inclosed
in
the
Skin
of
a
Bear
,
baited
under
the
notion
of
a
grievance
,
and
cryed
down
by
a
few
,
and
not
many
of
the
people
,
as
many
other
legal
and
beneficial
constitutions
have
lately
been
,
by
the
vote
and
humour
only
of
the
common-people
,
or
a
ruining
Reformation
,
which
as
to
that
particular
was
first
occasioned
by
.
CHAP.
IV.
How
the
design
of
altering
Tenures
in
Capite
,
and
Knight
Service
into
Socage
Tenures
,
and
dissolving
the
Court
of
Wards
,
and
Liveries
,
and
the
Incidents
and
Revenue
belonging
thereunto
,
came
out
of
the
Forges
of
some
private
mens
imaginations
,
to
be
afterwards
agitated
in
Parliament
.
OLD
Sir
Henry
Vane
the
Father
of
young
Sir
Henry
Vane
,
who
helped
to
steal
away
the
Palladium
of
our
happinesse
,
and
under
the
colour
of
sacrificing
to
Minerva
,
or
a
needlesse
Reformation
,
was
instrumental
in
bringing
the
Trojan
Horse
into
our
Senate
,
&
like
the
crafty
Sinon
taught
the
people
,
weary
of
their
own
happiness
,
how
to
unlock
him
,
and
to
murder
one
another
,
and
massacre
our
Religion
,
Laws
,
and
Liberties
.
And
Sir
John
Savil
whose
Son
the
Lord
Savil
,
afterwards
Earl
of
Sussex
,
(
was
too
busie
and
active
in
the
hatching
of
our
late
Wars
,
and
troubles
)
and
some
other
men
of
design
and
invention
perceiving
about
the
first
or
second
year
of
the
reign
of
King
Iames
,
that
his
Revenue
and
Treasure
by
his
over
bounty
to
his
people
of
Scotland
,
and
their
necessitous
importunities
and
cravings
,
which
is
too
much
appropriate
to
that
Nation
,
were
greatly
exhausted
,
did
to
s●rue
themselves
into
some
profitable
actions
,
and
imployments
,
upon
a
pretence
of
raising
the
King
a
constant
Revenue
,
of
two
hundred
thousand
pounds
per
annum
,
propose
the
Dissolving
of
the
Court
of
Wards
and
Liveries
,
and
the
changing
of
Tenures
in
Capite
,
and
by
Knight
service
,
into
free
and
common
Socage
,
the
only
attempt
and
businesse
whereof
,
bringing
some
of
them
out
of
their
Countries
,
and
colder
stations
,
into
the
warmth
of
several
after
Court
preferments
,
which
like
the
opening
of
Pandoras
Box
,
proved
afterwards
to
be
very
unhappy
&
fatal
to
the
most
of
all
the
kingdom
,
but
themselves
,
and
those
that
afterwards
traded
in
the
miseries
and
ruine
of
it
.
It
was
in
that
Parliament
after
a
large
debate
,
resolved
,
saith
Justice
Iones
,
in
his
argument
of
the
Ship-money
,
by
the
whole
Parliament
,
that
such
an
Act
to
take
away
the
Prerogative
of
Tenures
in
Capite
,
would
be
void
,
because
it
is
inherent
in
the
Crown
,
&
it
being
again
in
the
seventh
year
&
the
eighteenth
year
of
the
reign
of
that
King
,
earnestly
afterwards
moved
,
&
desired
to
be
purchased
of
him
,
and
the
King
ready
to
grant
it
,
&
recomending
it
to
the
Parliament
,
it
was
then
found
upon
advice
&
consultation
with
all
the
Judges
of
England
,
to
be
of
prejudicial
consequence
to
the
Subject
,
as
well
as
impossible
,
in
regard
that
all
Lands
as
well
as
persons
in
the
Kingdom
,
being
to
acknowledge
a
Superiority
,
if
the
old
Tenures
should
be
put
down
,
a
new
of
a
like
nature
might
be
again
created
,
and
the
recompence
given
for
it
still
continue
in
the
Crown
,
as
may
be
instanced
in
the
Dane-gelt
,
which
continued
here
in
England
,
till
the
reign
of
King
H.
1.
long
after
this
Nation
was
freed
from
the
Danes
,
and
the
Alcavalas
or
Cruzadas
in
Spain
,
being
a
kind
of
Taxes
there
used
and
if
new
Tenures
should
not
be
created
,
the
old
perhaps
might
be
again
assumed
▪
And
with
good
reason
was
then
denyed
when
King
James
was
heard
to
tell
his
Son
,
the
late
King
Charles
,
That
such
an
yearly
Revenue
as
was
offered
in
lieu
of
those
Tenures
,
might
make
him
a
rich
Prince
,
but
never
a
great
,
and
when
so
many
Troops
,
and
Brigades
of
evils
do
march
in
the
Rear
or
Company
of
that
design
,
which
was
so
per
se
and
non
par●il
,
as
the
necessity
of
Robert
Duke
of
Normandies
,
raising
of
money
,
for
want
whereof
he
pawned
that
Dutchy
for
ten
thousand
pounds
,
sterling
,
to
enable
him
in
his
voyage
to
Jerusalem
,
to
recover
the
holy
Land
,
the
imprisonment
&
troubles
of
K.
Richard
1.
in
his
return
from
thence
,
and
his
ransom
of
one
hundred
thousand
marks
,
of
[
](A54695-e21970-b)(o)
(o)
Sam.
Daniel
121.
silver
,
raised
by
twenty
shillings
upon
every
Knights
Fee
the
fourth
part
of
the
Revenues
of
the
Clergy
,
as
well
as
the
Laity
,
with
the
tenth
of
their
goods
,
and
the
Chalices
and
Treasure
(
which
may
tell
us
how
litle
money
,
and
more
honesty
England
was
then
able
to
furnish
)
of
all
the
Churches
,
taken
as
well
here
as
in
the
Territories
beyond
the
Seas
,
to
make
up
the
sum
,
&
those
necessities
which
King
John
had
upon
him
,
&
the
great
want
of
mony
which
his
Son
King
H.
3.
endured
in
the
Barons
wars
when
he
was
forced
after
sale
of
Lands
and
Jewels
,
to
pawn
Gascoigne
,
after
that
,
his
Imperial
Crown
and
Jewels
to
supply
his
wants
,
&
having
neither
credit
to
borrow
,
nor
any
more
things
to
pawn
,
[
](A54695-e22020-b)(p)
(p)
Rot.
claus
.
37.
H.
3.
Cl●us
.
46.
et
47.
H.
3.
could
not
deny
his
wants
,
the
gaging
of
the
Jewels
and
Ornaments
of
St.
Edwards
Shrine
,
and
in
the
end
as
Sir
Robert
Cotton
,
if
he
were
the
Author
of
the
short
view
of
the
long
life
,
and
reign
of
that
King
observeth
,
not
having
means
to
defray
the
Dyet
of
his
Court
,
was
constrained
to
break
up
House
,
and
(
as
Mathew
Paris
saith
)
with
his
Queen
and
Children
cum
Abbatibus
,
&
Prioribus
satis
humiliter
hospitia
&
prandia
quaerere
,
to
demand
entertainment
and
Dyet
at
some
Abbies
,
and
Priories
,
and
confessed
to
the
Abbot
of
Peterburgh
,
when
he
came
to
borrow
money
of
him
,
majorem
El●emosinam
f●re
sibi
juvamen
pecuniare
quam
alicui
ostiatim
mendicanti
[
](A54695-e22120-b)(q)
(q)
Mat.
Paris
758.
that
it
would
be
a
greater
act
of
Charity
to
lend
or
give
him
money
then
to
one
that
begs
from
door
to
door
.
Could
never
perswade
them
to
any
such
remedies
,
worse
then
their
diseases
,
nor
did
the
unruly
Barons
of
King
H.
3.
when
they
had
him
or
his
Father
K.
John
,
at
the
most
disadvantages
ever
demand
it
of
them
or
any
English
man
,
untill
the
beginning
of
the
reign
of
King
James
,
&
the
broaching
of
this
project
,
ever
adventure
to
ask
,
or
give
such
demands
any
room
or
entertainment
in
their
imaginations
,
and
is
more
then
the
Athenians
and
Romans
ever
aimed
at
,
who
in
all
their
popular
and
restlesse
turmoils
,
seditions
,
and
agitations
by
the
people
or
their
Tribunes
,
concerning
the
Agrarian
Laws
,
and
making
and
changing
of
many
other
Laws
,
and
several
forms
of
Government
,
did
never
seek
to
take
away
or
root
out
those
long
lasting
monuments
of
benefits
,
and
the
acknowledgements
and
returns
of
gratitude
,
which
ought
to
be
made
of
them
.
More
then
the
people
of
France
in
those
hard
Conditions
which
they
would
have
put
upon
the
Daulphine
of
France
,
afterwards
Charles
the
fifth
of
France
,
in
the
troubles
and
imprisonment
of
his
Father
King
John
in
England
,
in
the
Raign
of
our
King
Edward
the
third
,
and
the
strange
and
insolent
behaviour
of
the
Citizens
of
Paris
towards
him
,
when
the
Provost
or
Mayor
,
put
his
own
hood
half
blew
&
half
red
upon
his
head
,
&
compelling
him
to
wear
his
Livery
,
did
all
that
day
wear
the
Daulphines
,
being
of
a
brown
black
,
embrodered
with
gold
in
token
of
his
Dictatorship
did
ever
demand
,
nor
did
in
those
great
afflictions
&
wants
which
were
upon
Charles
the
seventh
,
when
he
was
reproached
by
his
Subjects
,
and
the
English
had
so
much
of
France
in
their
possession
in
the
Raign
of
our
King
H.
5.
and
King
H.
6.
who
by
their
numerous
Armies
,
and
the
gallantry
of
their
nobility
and
Tenants
in
Capite
,
and
by
Knight
Service
,
were
Masters
of
the
Field
,
as
well
as
of
that
Crown
,
[
](A54695-e22430-b)(r)
(r)
John
de
Serres
history
of
France
.
as
he
was
in
disgrace
called
the
King
of
Berry
,
being
a
small
Province
,
wherein
he
made
what
shift
he
could
to
defend
himself
,
&
when
his
Table
failed
him
,
so
that
he
eat
no
more
in
publick
,
but
sparingly
in
his
Chamber
,
attended
by
his
domestical
Servants
,
&
had
pawned
the
County
of
Gyan
for
mony
,
ever
require
to
be
discharged
of
their
Homages
and
Tenures
,
and
the
duties
and
incidents
which
belonged
to
them
.
Neither
did
the
Justices
or
domineering
Officers
of
State
in
Arragon
in
their
height
and
extravagancy
of
power
,
which
(
for
some
time
,
until
by
its
own
weight
,
their
Tyranny
,
or
the
subtile
&
politique
patience
of
their
Kings
,
it
came
to
be
dissolved
into
the
Royal
&
proper
Rights
of
that
Crown
&
Government
)
they
excercised
over
their
Kings
,
ever
make
that
to
be
any
part
of
it
,
nor
did
the
wants
of
John
King
of
Arragon
,
when
he
had
pawned
the
County
of
Roussilion
to
Lewis
the
eleventh
King
of
France
,
nor
of
Ferdinand
the
Second
,
Emperor
,
when
within
these
forty
years
in
those
devouring
and
destroying
Wars
of
Germany
,
when
the
pale
horse
of
death
,
and
the
red
of
destruction
,
rid
up
to
the
bridles
in
blood
,
he
pawned
Lusatia
and
Silesia
to
the
Duke
of
Saxony
,
and
the
upper
Palatinate
to
the
Duke
of
Bavaria
,
beget
any
such
motion
of
the
people
,
or
Condiscention
of
their
Princes
.
And
that
unhappy
project
and
design
,
had
in
all
probability
no
more
disquieted
our
old
Albion
,
or
Brittain
,
sitting
upon
a
Rock
mediis
tranquilla
in
undis
,
in
the
midst
of
all
our
late
Storms
and
Tempests
,
which
had
broken
the
bag
of
Eolus
,
&
getting
loose
,
vied
with
the
raging
waves
of
a
distempered
Sea
,
who
should
be
most
destructive
,
and
play
the
Bedlam
.
Had
not
a
necessity
of
the
Parliament
in
An.
1645.
and
their
want
of
mony
to
maintain
their
Wars
,
put
them
again
in
mind
of
that
way
of
raising
mony
,
all
other
that
could
be
almost
thought
upon
as
far
as
the
mony
,
which
should
be
spared
by
one
meal
in
every
family
in
a
week
,
having
been
before
put
in
Execution
(
so
dangerous
and
of
fatal
consequence
,
are
sometimes
but
the
attempts
or
beginning
of
designs
)
and
then
as
the
vote
tells
us
,
the
house
of
Commons
having
received
the
report
from
the
grand
Committee
,
which
was
ordered
to
consider
of
raising
of
monyes
for
supply
of
the
whole
Kingdom
,
after
some
debate
thereupon
,
ordered
that
the
Court
of
Wards
and
Liveries
,
with
the
Primer
Seisins
,
Oustres
les
maines
,
and
all
other
profits
arising
by
the
said
Court
,
should
be
fully
taken
away
,
and
be
made
null
and
voyd
.
And
that
the
Sum
of
one
hundred
thousand
pounds
per
Annum
,
should
be
raised
in
this
Kingdom
,
instead
of
the
Revenue
thereof
,
to
be
disposed
for
the
good
of
this
Kingdom
,
and
that
the
proceedings
of
the
said
Court
,
should
continue
Statu
quo
prius
,
untill
an
Ordinance
for
taking
away
the
said
Court
,
and
paying
the
yearly
Sum
of
100000
l.
be
brought
in
,
and
past
both
Houses
.
Which
might
well
have
been
forborn
,
when
no
general
or
extraordinary
,
and
not
otherwise
to
be
prevented
evils
,
but
only
want
of
mony
for
ought
yet
appears
,
did
,
or
could
perswade
them
unto
it
for
a
Subversion
of
so
grand
a
Fundamental
of
the
Government
,
Regality
,
and
Laws
,
will
never
be
able
to
avoid
the
dangerous
consequences
which
will
inevitably
follow
thereupon
,
and
though
it
should
be
done
by
Act
of
Parliament
,
will
but
produce
and
usher
in
many
numberlesse
mischiefs
and
inconveniences
to
the
King
,
Kingdom
,
Nobility
,
Gentry
,
and
the
most
substantial
and
considerable
part
of
the
people
.
And
will
never
be
recompenced
by
the
benefits
hoped
for
,
or
which
may
happen
by
the
intended
dissolution
of
that
Court
,
and
alteration
of
those
Tenures
,
which
in
the
prospect
or
event
will
appear
,
if
so
many
to
be
no
more
than
these
.
Chap.
V.
The
Benefits
or
Advantages
which
are
expected
by
the
people
in
the
putting
down
of
the
Court
of
Wardes
and
Liveryes
and
changeing
the
Tenures
in
Capite
and
by
Knight
Service
into
free
and
common
Socage
.
BY
taking
away
the
Service
of
Warre
without
the
Kingdom
,
when
the
King
or
his
Lieutenant
goeth
to
warre
for
forty
dayes
bearing
the
Charge
of
a
man
and
Horse
,
and
the
payment
of
Escuage
to
be
assessed
by
Parliment
,
if
he
neither
go
nor
send
one
in
his
place
.
Respites
of
Homage
,
petit
Serjeanties
,
Fines
for
Alienation
,
Wardships
,
and
payments
of
Fines
for
the
marriage
of
the
Heirs
in
minority
,
a
rent
for
the
Lands
in
the
interim
,
Reliefs
,
primer
seisins
,
Oustre
les
maines
,
Mesne
Rates
,
Liveries
,
and
assignment
of
Widdow
Dower
.
The
troublesome
and
powerfull
process
of
the
Exchequer
,
costly
and
long
pleadings
of
their
Evidences
,
to
avoid
seisures
for
not
sueing
out
Licences
of
Alienation
,
thereby
enforcing
them
to
procure
pardons
and
to
plead
them
.
Costly
Attendance
upon
Escheators
,
and
Feodaries
,
finding
of
Offices
or
Inquisitions
post
mortem
,
producing
and
finding
(
if
the
party
hath
a
mind
to
it
)
of
their
Evidences
,
Compositions
,
chargeable
passing
,
and
obtaining
grants
of
the
custody
of
the
body
,
and
Lands
,
of
Wards
.
Trouble
and
charge
of
Writs
of
diem
clausit
extremum
quae
plura
&
mel●us
inquirendum
,
Processe
of
privy
Seals
,
Messengers
,
Informations
,
Bills
,
&
Demurrers
,
(
as
the
Case
may
happen
,
)
Answers
,
Traverses
,
Replications
,
Rejoynders
,
Commissions
,
Examinations
,
&
Depositions
of
Witnesses
,
Orders
,
Hearings
Decrees
,
Injunctions
,
(
all
which
are
but
to
help
to
recover
or
defend
the
Wards
rights
,
and
if
not
in
that
Court
,
would
be
with
as
much
or
more
cost
and
trouble
as
in
other
Courts
)
Extents
,
Seisures
,
Accompts
before
Auditors
,
Surcharges
,
and
Exceptions
,
Fees
to
Auditors
,
and
their
Clarks
.
Concealment
of
Wardships
,
vexatio●s
&
chargeable
hunting
after
them
,
and
the
cunning
search
and
Inquisition
which
is
made
after
them
by
the
Escheators
,
Feodaries
,
or
Informers
,
busie
and
malicious
Adversaries
,
(
which
is
not
often
,
and
but
where
the
parties
endeavour
to
deceive
the
King
,
and
the
Court
,
and
evade
the
Law
)
and
the
extremities
put
upon
them
by
granting
it
,
and
the
Mesne
rates
,
to
the
fierce
discoverers
,
or
such
as
seek
profit
out
of
other
mens
troubles
and
afflictions
.
Restraints
from
felling
of
Timber
without
Licence
of
the
Court
,
begetting
the
charges
of
motions
,
&
the
attending
upon
the
Court
and
their
many
Officers
.
A
constant
and
certain
yearly
Revenue
of
eighty
thousand
pounds
per
annum
,
or
so
much
more
as
the
Revenue
shall
fall
short
of
twenty
thousand
pounds
per
annum
,
which
the
alienation
office
now
yields
to
be
added
to
it
,
will
be
duely
answered
and
paid
,
to
his
Majesty
which
will
with
all
charges
&
expences
deducted
as
is
alleaged
,
be
as
much
as
was
yearly
gained
to
the
Crown
by
the
Court
of
Wards
and
Liveries
,
or
any
dependances
thereof
,
against
which
if
there
shall
be
opposed
,
and
put
into
the
other
end
of
the
ballance
,
these
inconveniences
following
they
will
weigh
very
much
the
heavier
.
CHAP
VI.
The
great
and
very
many
Mischiefs
,
and
Inconveniences
,
which
will
happen
to
the
King
and
Kingdom
,
by
the
taking
away
of
Tenures
in
Capite
,
and
Knight
Service
.
FOR
that
Lands
in
Socage
will
if
the
Mothers
be
alive
,
during
the
minority
of
the
heirs
,
most
commonly
fall
until
the
age
of
fourteen
years
,
into
their
Guardianships
,
who
as
all
women
which
have
an
estate
considerable
,
either
real
or
personal
,
in
their
own
right
or
their
Childrens
,
do
more
then
nine
in
every
ten
,
(
unle●●
,
which
seldome
happens
,
they
shall
be
such
good
women
and
loving
,
as
for
their
love
to
their
Children
,
and
dead
Husband
,
to
deny
themselves
their
expected
content
by
a
second
Husband
,
)
by
the
temptations
and
flatteries
of
younger
Brothers
,
or
men
of
decayed
Estates
,
transire
ad
secundas
nuptias
,
marry
again
,
all
too
often
within
the
first
year
,
which
the
Civil
Law
reserved
for
the
time
of
their
mourning
,
or
retirednesse
from
worldly
pleasures
,
and
do
too
commonly
bring
the
Childrens
Estate
to
be
as
a
Sawce
to
the
hungry
enough
appetite
of
a
Father
in
Law
,
who
being
many
times
as
good
a
Guardian
to
the
Children
,
as
the
Woolf
or
Fox
is
to
the
Lambs
,
will
be
sure
if
he
do
not
spend
both
the
Mothers
and
Childrens
Estates
,
and
bring
them
to
beggery
,
to
be
gnawing
and
put
many
a
lurch
and
trick
upon
them
.
Which
might
be
the
Reason
that
the
prudent
Romans
were
so
little
willing
that
the
Mothers
of
any
Children
should
after
their
Husbands
death
be
the
Guardians
of
them
,
as
they
had
a
Custome
that
the
Mothers
themselves
should
be
in
perpetua
Tutela
in
a
perpetual
Wardship
or
Guardianship
,
for
Cicero
would
have
it
that
Mulieres
propter
infirmitatem
Consilii
,
[
](A54695-e23180-b)(s)
(s)
Cicero
o●tat
.
pro
Mu●ena
.
Women
though
of
full
Age
should
by
reason
of
their
unfitnesse
to
govern
or
give
Counsail
be
,
in
Tutorum
Potestate
,
have
Tutors
assigned
them
,
and
the
Judicious
Cato
declared
it
openly
,
in
publicae
Concione
in
a
publique
Speech
concerning
the
Oppian
Law
that
,
[
](A54695-e23230-b)(t)
(t)
Cato
apu●d
Livium
.
Majores
nostri
nullam
nè
privatam
quidem
rem
agere
Faeminas
●ine
Auctore
v●luerùnt
,
Their
Ancestors
did
not
permit
Women
to
meddle
not
so
much
as
in
private
affairs
without
a
Director
or
Overseer
,
And
Vlpian
tells
us
that
,
Lege
Atilia
sancitum
ut
mulieribus
et
pupillis
Tutores
non
habentibus
a
Prae●ore
et
majore
parte
Tribunorum
darentur
,
[
](A54695-e23270-b)(u)
(u)
Ulpian
tit
.
11.
&
Sigonius
de
antiquo
Jure
Civium
Rom.
lib.
1
cap.
13.
It
was
enacted
by
the
Atilian
Law
,
That
the
Praetor
or
Lord
Chief
Justice
,
and
the
greater
part
of
the
Tribunes
should
appoint
Guardians
to
such
Women
and
Children
as
had
none
.
And
if
the
Mothers
should
either
make
themselvs
,
or
be
allowed
by
the
Magistrate
,
as
one
way
or
the
other
it
will
be
most
likely
to
be
,
the
Guardians
before
the
Heirs
age
of
14.
or
if
at
14
,
the
Children
should
be
left
,
as
they
must
,
to
chuse
their
Guardians
themselves
the
Fear
and
Awe
of
the
Mothers
,
or
their
second
Husbands
Inticements
and
Kindnesse
but
for
that
instant
,
will
in
all
probability
induce
them
to
chuse
no
other
,
&
so
whether
before
the
age
of
14
or
after
,
it
is
likely
to
be
no
otherwise
but
that
where
the
Mothers
are
living
&
marryed
again
,
the
self-seeking
and
purloyning
Father
in
Lawes
of
the
Kingdom
will
be
the
Guardians
,
and
where
there
are
a
second
Brood
of
Children
which
will
not
be
seldom
,
the
Estates
of
the
Children
of
the
first
Husband
shall
be
sacrificed
by
the
Mothers
Consent
or
permission
to
the
benefit
of
the
second
Children
,
whose
Father
making
much
of
the
Mother
or
flattering
her
,
finds
it
to
be
no
hard
matter
to
make
her
as
willing
to
it
as
himself
,
and
if
she
would
hinder
or
doth
not
like
,
it
can
but
steal
her
sighs
and
weep
and
lament
in
a
Corner
,
for
that
which
she
may
wish
wer
otherwise
,
but
cannot
help
it
when
she
is
,
Sub
potestate
viri
,
Under
the
Power
of
a
second
Husband
.
And
if
not
granted
to
the
Mother
or
her
second
Husband
,
but
to
the
Friends
of
that
side
which
cannot
inherit
,
which
where
the
Mother
is
not
an
heir
must
of
necessity
be
to
her
kindred
,
it
will
not
then
also
escape
another
common
,
often
,
and
sadly
experimented
fault
or
evil
,
that
the
affections
and
care
which
doth
usually
assist
and
incourage
honest
and
fair
Dealings
,
will
not
be
so
much
in
the
kindred
on
the
Mothers
side
,
which
is
but
taken
out
of
their
Family
and
transplanted
into
that
of
the
Fathers
,
(
where
the
Mother
her self
is
to
forget
her
Fathers
house
and
kindred
,
)
nor
equal
that
affection
,
care
,
and
obligation
,
which
is
on
the
part
of
the
Fathers
kindred
to
preserve
that
Family
which
weares
their
Name
as
well
as
their
Blood
.
And
whether
the
Guardian
in
Socage
shall
be
Tutor
Testamentarius
,
ordained
by
the
Fathers
last
Will
and
Testament
,
or
a
Pretore
datus
appointed
by
a
Judge
will
not
arrive
to
any
better
Fate
or
Condition
than
that
where
there
be
Executors
or
Administrators
in
personal
Estates
or
Trustees
in
Real
or
Personal
,
for
Children
and
minors
,
or
for
payment
of
debts
,
who
can
many
times
neglect
and
forget
the
dying
requests
of
Parents
,
on
their
death
Beds
,
to
to
be
careful
of
their
Children
,
and
their
own
imprecations
,
that
God
should
do
so
and
so
to
their
own
Children
,
if
they
should
not
perform
the
trusts
,
and
let
out
their
Consciences
Hackney
to
the
Devil
,
to
find
ways
to
deceive
and
wrong
them
,
of
whom
and
many
other
such
Guardianships
and
faithlesse
performances
of
trusts
,
our
Courts
of
Law
and
Equity
do
dayly
heare
more
Complaints
of
fraudes
and
cosenings
,
than
they
can
either
easily
find
out
or
remedy
.
Which
with
that
also
of
Father
in
Laws
do
in
a
woful
experience
exceed
ten
to
one
all
that
hath
been
but
only
surmised
of
the
Court
of
Wards
,
which
being
a
standing
Court
where
there
are
no
Interest●
,
but
a
care
only
of
the
Kings
and
the
Peoples
just
Rights
,
and
their
Oaths
cannot
be
so
predominant
or
inchanting
,
as
the
Interests
,
advantages
or
designs
of
single
Persons
;
And
it
is
not
now
to
learn
that
the
Mischiefs
done
to
Infants
and
their
Estates
are
more
where
they
be
in
Socage
then
in
Tenures
in
Capite
and
by
Knight
Service
,
that
there
is
a
great
difference
between
accompts
that
are
to
be
made
to
a
Court
and
impartial
Auditors
,
and
where
the
Guardians
will
accompt
when
or
where
they
list
,
and
give
no
security
for
true
Accompts
,
and
discharge
of
their
trust
,
and
without
it
are
not
to
be
trusted
,
for
that
many
times
they
faile
in
their
Estates
and
are
impoverished
,
and
the
Evils
that
have
happened
to
the
heir
of
Hele
or
of
Davenport
,
where
some
of
the
Souldiery
which
were
formerly
Tradesmen
have
in
the
usurpations
of
authorities
made
themselves
to
be
more
then
like
the
Master
of
the
Wards
,
and
tossed
and
tumbled
their
Estates
and
Marriages
at
their
pleasure
,
and
complaints
,
are
obvious
where
an
Heir
by
the
unconscionablenesse
of
Socage
,
Guardians
have
by
the
spoyl
and
wast
of
their
Woods
and
Estates
▪
been
damnified
ten
or
twenty
thousand
pounds
.
The
Kings
Tenants
will
be
enabled
to
alienate
their
Lands
to
such
as
may
be
open
enemies
,
or
ill
affected
to
his
Person
,
Succession
,
or
Government
.
Which
will
leave
him
a
lesser
power
over
his
Subjects
,
in
relation
to
his
●enants
and
those
that
hold
of
him
,
then
every
Gentleman
and
Lord
of
a
Mannor
hath
in
England
over
his
Coppy-holders
,
or
such
as
hold
of
them
by
Leases
for
lives
or
years
.
Which
every
Land-Lord
finds
,
aswel
as
believes
,
to
be
so
necessary
as
Citizens
and
Burgers
,
and
all
manner
of
Land-Lords
,
doe
both
in
litle
and
great
estates
and
leases
,
especially
provide
against
letting
,
setting
,
or
assigning
without
their
license
first
had
in
writing
,
unless
it
be
sometimes
to
Wives
or
Children
,
which
in
the
Kings
case
,
in
matter
of
free-hold
,
was
in
32
H.
8.
allowed
his
Tenants
,
so
as
they
left
a
full
third
part
to
descend
to
the
Heir
.
The
education
of
the
Heirs
in
minority
of
Recusants
,
or
persons
disaffected
to
the
King
,
or
his
Government
,
or
to
the
Orthodox
Religion
.
Provisions
for
protections
for
younger
Children
,
and
care
of
payment
of
Debts
,
preservation
of
the
Wards
Estate
,
Woods
and
Evidences
will
be
neglected
.
The
finding
of
Offices
or
Inquisitions
,
post
mortem
,
of
the
Auncestor
,
and
the
true
extent
and
quantities
of
the
Mannors
and
Lands
,
and
many
times
the
finding
or
mentioning
of
Deeds
or
Evidences
in
the
Offices
,
which
in
antient
aswell
as
latter
times
,
have
given
a
great
light
and
help
to
titles
and
descents
of
Land
,
and
the
recovery
and
making
out
of
Deeds
or
Evidences
lost
,
will
now
be
laid
aside
,
and
all
things
left
in
the
darkness
of
ignorance
and
incertainty
.
Genealogies
and
Pedigrees
,
which
by
such
Offices
have
only
since
the
beginning
of
the
raign
of
King
H.
3.
been
deduced
and
brought
into
great
certainties
,
will
now
be
left
like
those
of
the
Welch
,
to
beleive
one
Ap
after
another
,
and
Ap
John
,
Ap
Jenkin
,
Ap
David
,
and
whatsoever
the
wild
traditions
and
boastings
of
our
New
men
or
upstarts
and
our
Bards
,
or
undertaking
ignorant
Painters
▪
to
draw
money
out
of
their
credulous
customers
purses
,
shall
be
pleased
to
fancy
,
and
shall
not
be
so
happy
▪
as
the
Jews
in
their
return
out
of
their
captivity
▪
who
were
not
to
seek
for
the
registers
of
their
Genealogies
,
but
be
like
the
dull
Thracians
,
who
are
said
to
have
so
short
a
memory
as
not
to
count
above
the
number
of
4
or
5
,
Or
being
like
a
House
with
the
windowes
or
lights
only
backward
;
or
as
a
people
with
their
eyes
only
in
their
backs
,
and
in
the
time
to
come
,
not
be
able
to
give
an
account
of
our
Ancestors
further
then
our
Grand-Fathers
.
And
no
other
course
or
way
being
yet
found
to
preserve
the
memory
or
right
of
Armes
,
or
certainty
of
descents
of
our
Nobility
and
Gentry
,
the
people
(
which
the
more
Peysant
and
Mechanick
part
will
be
glad
of
)
will
be
left
to
fool
and
make
one
another
believe
their
own
Rhodomantadoes
and
Delusions
.
Cause
increase
and
multiply
contention
betwixt
the
Kindred
and
near
Relations
of
the
Orphans
and
Minors
,
in
striving
who
shall
have
the
Manage
and
Protection
of
their
Lands
and
Estate
,
or
as
too
often
happens
,
most
cleanly
or
hypocritically
deceive
or
ruine
them
,
or
make
an
Interest
or
Advantage
for
themselves
,
friends
,
or
kindred
by
their
Marriages
,
which
in
these
last
twenty
years
,
and
the
practise
of
Counterfeit
Religion
and
Honesty
,
calling
every
successfull
knavery
a
Providence
of
the
Almighty
,
(
who
not
only
hates
,
but
will
punish
it
;
)
can
take
500
l.
or
or
more
at
a
time
to
make
Mat●hes
,
where
they
pretend
great
friendships
,
and
in
an
Age
of
all
manner
of
cheating
and
cunning
devices
to
maintain
Pride
,
is
become
the
beneficial
imployment
of
many
that
would
be
thought
to
be
Gentlemen
,
or
people
of
great
respect
or
worship
;
and
if
a
Trades-man
or
Citizen
,
whose
riches
and
influence
have
of
late
been
too
much
upon
all
men
or
their
estates
in
the
Kingdome
(
more
especially
those
that
are
prodigal
or
vitious
)
should
get
a
Guardian-ship
,
may
doe
as
the
Dutch
are
now
complained
of
,
who
out
of
their
Weis
Camer
,
Chamber
,
or
Court
of
Orphans
,
can
send
their
monyes
to
trade
as
far
as
the
East-Indies
,
not
for
the
Childrens
,
but
for
their
own
advantage
,
and
in
the
mean
time
make
delayes
and
pretences
enough
not
to
pay
them
their
money
,
insomuch
as
a
young
Girle
whose
Parents
dyed
when
she
was
but
three
years
old
,
was
of
late
so
out
of
patience
with
Petitioning
and
attendance
,
untill
she
was
17.
as
shee
had
almost
clawed
out
the
Gref●●er●
or
Registers
eyes
,
and
in
the
chase
of
such
controversies
,
which
upon
pretences
of
nearer
of
kin
,
weakness
of
Estate
in
some
,
or
bad
life
and
conversation
,
and
unfitness
in
other
,
may
aswel
be
lengthened
and
made
to
be
very
chargeable
,
as
those
are
concerning
Executors
or
Administrators
,
which
doe
too
often
make
the
Infants
money
and
Estates
the
lamentable
paymasters
.
Whereas
in
the
Court
of
Wards
,
Controversies
or
Competitions
for
Wardships
,
were
by
reason
of
the
instructions
and
rules
by
which
they
walked
,
easily
and
quietly
determined
in
an
hour
or
litle
more
time
spent
,
Summarily
and
upon
Petition
,
only
in
the
Council
Chamber
of
that
Court.
There
will
not
be
that
ready
help
or
care
which
was
used
to
be
,
for
the
preservation
of
the
Wards
estate
from
false
or
forged
Wills
,
fraudulent
or
forged
Conveyances
,
unjust
Entries
,
and
pretended
Titles
,
and
other
Incumbrances
.
Nor
for
Tenants
in
Tayl
and
their
Heirs
,
whose
Deeds
being
found
in
the
Offices
,
did
many
times
prevent
their
disherision
by
Heirs
,
by
second
Venter
,
and
forged
Conveyances
or
Wills
.
Creditors
cannot
for
want
of
such
Offices
sound
,
know
how
the
Debtors
Lands
are
setled
,
or
what
is
in
Fee-simple
to
charge
the
Heir
.
An
Heir
may
now
be
disinherited
by
the
frowardness
of
an
aged
Father
,
Instigated
by
the
cunning
and
practise
of
a
Step-mother
,
whereas
a
third
part
could
not
have
before
been
conveyed
or
given
from
him
.
In
Socage
Tenures
there
will
be
nothing
for
the
defence
and
safety
of
his
Majesties
Kingdome
,
Person
,
and
People
,
when
every
man
shall
be
holding
his
Plow
,
or
be
supposed
to
hold
by
it
,
but
the
moyety
of
the
Excise
of
Ale
and
Beer
,
to
the
value
of
one
hundred
thousand
pounds
per
annum
.
The
Kingdom
will
upon
occasion
of
war
or
invasion
,
lose
the
ready
defence
,
and
personal
service
of
the
Nobility
,
who
held
per
Baroniam
,
or
as
Tenants
in
Capite
,
and
of
many
worthy
and
able
men
,
Knights
,
Esquires
,
Gentry
,
and
other
sufficient
Freeholders
,
and
men
of
good
Estate
and
Reputation
,
well
educated
and
fitted
for
war
,
and
compleatly
armed
on
Horse-back
,
&
not
like
to
be
Run-aways
or
treacherous
which
hold
the
remainder
,
and
yet
to
be
discovered
Knights
Fees
,
or
any
part
thereof
in
an
ordinary
course
of
defence
for
forty
days
service
(
which
in
those
times
,
and
after
the
manner
and
way
of
war
,
and
the
Militia
then
used
,
was
time
enough
to
determine
all
or
a
great
part
of
the
unhappy
controversies
of
War
)
by
,
and
out
of
so
many
several
Estates
,
than
at
twenty
pounds
per
annum
,
since
improved
to
two
or
three
hundred
pounds
per
annum
,
with
not
a
few
of
their
Tenants
,
Friends
,
Servants
,
and
Attendants
,
going
along
with
them
,
and
may
call
or
summon
them
to
go
with·
him
out
of
the
Kingdom
in
case
of
a
diversive
War
,
or
otherwise
,
which
by
the
Statutes
of
1
E.
3.8
E.
3.25
E.
3.
&
4
H.
4.
&
17
Car.
he
cannot
do
to
Hoblers
,
Archers
,
Footmen
,
or
the
Train
Bands
,
but
in
case
of
necessity
,
and
suddain
comming
of
Foreign
Enemies
into
the
Realm
,
and
would
have
been
sure
of
a
gallant
Army
of
Horse
,
which
being
the
more
active
and
ready
part
of
an
Army
,
fittest
for
charge
or
retreat
,
forage
or
traversing
a
Country
,
is
by
the
French
whose
Nobless
in
War
are
presently
on
Horse-back
,
and
make
it
their
Ioy
and
subsistence
,
to
appear
in
the
defence
of
their
King
and
Country
,
found
to
be
a
great
part
of
the
Successe
in
war
as
well
as
the
Persians
have
done
,
who
hath
many
times
overcome
the
Turk
by
the
strength
of
Horse
,
as
the
Hungarians
and
Poles
have
often
done
;
And
the
Germans
and
Italians
,
did
heretofore
make
great
use
of
their
Nobility
in
Wars
,
and
made
their
Armies
to
consist
most
of
Horse
,
for
that
they
presumed
quod
in
Equestri
militia
praevalerent
nobiles
,
that
the
Nobility
would
do
best
,
and
prevail
when
they
served
on
Horseback
,
[
](A54695-e24140-b)(w)
(w)
Nolden
de
●●etu
nobilium
,
62.
for
as
the
great
Estates
of
England
;
were
held
by
Knight
Service
,
so
it
was
most
performed
on
horseback
,
and
such
as
found
or
furnished
out
Horses
in
War
,
were
to
be
men
of
Gentility
and
value
and
did
in
person
go
with
their
Prince
or
their
Lieutenant
)
and
until
H.
5.
Time
,
Gentlemen
which
every
high
Constable
and
Mechanique
,
[
](A54695-e24190-b)(x)
(x)
Waterhouse
discourse
of
Arms
and
Armories
.
now
thinks
it
to
be
too
little
to
usurp
the
Title
of
)
were
not
distinguished
by
any
Title
of
addition
,
but
by
their
forinsecum
servitium
,
which
was
Knight
Service
,
and
in
Kent
where
they
claimed
Gavelkind
,
were
never
put
under
that
kind
of
partition
.
It
must
needs
be
very
prejudicial
to
the
King
who
is
to
protect
his
people
,
and
to
his
people
,
who
are
to
be
protected
by
him
,
when
as
the
King
that
hath
none
or
very
few
Inland
,
Castles
,
Citadels
,
or
places
of
strength
,
as
Holland
,
Flanders
,
France
,
Italy
,
Germany
,
&
most
Nations
have
to
retard
the
March
of
an
Enemy
landed
,
untill
he
can
summon
or
call
together
his
Subjects
and
Forces
,
and
cannot
at
once
,
or
upon
a
suddain
,
be
able
to
raise
so
many
men
as
may
be
able
to
incounter
,
or
vanquish
him
in
the
Field
.
Shall
have
no
Legions
,
or
standing
parts
of
an
Army
,
as
Oliver
and
his
Son
Richard
had
paid
at
the
charge
of
the
publique
to
rally
and
unite
at
pleasure
,
redresse
Rebellions
,
Repel
and
Oppose
an
Enemy
,
and
if
need
be
,
visit
him
at
home
,
and
make
his
Country
rather
than
his
own
,
Sedem
Belli
,
the
Stage
of
War
,
to
indure
the
Spoyles
,
Plundrings
,
Insolencies
,
and
free
quartering
of
Souldiers
.
But
shall
when
the
Floods
shall
rore
and
lift
up
their
voice
,
his
Enemies
compasse
him
in
on
every
side
,
and
there
be
none
to
help
him
,
be
as
a
Prince
disarmed
,
and
left
to
intreat
and
expect
the
good
will
of
his
people
,
or
the
care
which
they
will
be
pleased
to
take
for
themselves
in
the
first
place
,
&
for
him
at
leasure
&
hoping
that
they
will
not
devide
into
parties
of
factions
call
or
summon
a
Parliament
,
which
will
take
up
forty
days
or
six
weeks
,
and
give
the
Enemy
all
that
while
the
mastery
of
the
field
,
and
time
enough
to
make
up
all
his
advantages
,
and
in
the
mean
time
must
not
so
much
as
require
aid
of
them
who
have
had
their
lands
freely
given
them
,
or
of
those
who
hold
Offices
or
Annuities
under
him
,
for
the
performance
of
their
Homages
,
Oaths
,
Fealties
,
Contracts
,
Promises
,
and
grateful
acknowledgments
,
and
when
the
Parliament
are
met
,
must
tarry
until
the
majority
of
opinions
shall
agree
how
and
in
what
manner
he
shall
be
helped
,
which
will
not
if
it
should
be
agreed
upon
the
second
or
third
day
,
but
useth
not
to
be
in
so
many
weeks
,
be
speedily
furnished
when
the
mony
must
be
first
raised
(
which
in
the
late
necessity
of
disbanding
and
paying
of
Souldiers
,
could
not
be
finished
in
two
or
three
months
)
and
the
men
after
leavied
,
armed
,
and
cloathed
,
which
where
the
Enemy
,
shall
in
the
mean
time
have
gained
some
Forts
,
Passages
,
or
Counties
,
will
not
be
so
ready
a
way
,
or
help
at
hand
,
as
the
use
of
Tenures
,
in
Capite
which
like
so
many
Garrisons
invisibly
dispersed
,
but
no
way
oppressing
their
several
Neighbourhoods
are
upon
the
score
of
gratitude
as
well
as
loyalty
quickly
called
out
and
imbodied
,
which
made
the
Kingdom
have
the
lesse
use
of
Forts
&
Castles
,
&
to
be
able
in
the
Raign
of
King
Stephen
by
agreement
betwixt
him
and
Henry
the
second
to
demolish
at
once
1150
Castles
.
Will
loose
also
his
Homage
of
his
Tenants
in
Capite
,
and
by
Knight
service
,
being
the
Seminary
and
root
of
the
Oath
of
Allegiance
,
and
the
Genus
or
original
of
Fealty
,
which
saith
Sir
Edward
Coke
is
a
part
of
Homage
,
[
](A54695-e24430-b)(y)
(y)
Coke
1.
part
I●stit.
64.
and
is
so
much
saith
Sir
Henry
Spelman
,
[
](A54695-e24470-b)(z)
(z)
Spelmans
Glossar
.
in
verb●
Homagij
356
▪
a
part
of
Homage
,
as
a
release
of
Fealty
is
a
discharge
of
Homage
,
which
(
the
Oaths
of
Allegiance
and
Fealty
,
&
the
duty
of
them
being
now
by
the
delusions
of
Satan
too
much
disused
,
and
strangely
Metamorphosed
into
factions
)
will
though
the
Oaths
of
Allegiance
and
Fealty
should
faile
,
remain
fixed
and
radicated
in
the
Tenures
of
Lands
in
Capite
and
by
Knight
Service
,
and
when
they
concurre
,
do
altogether
if
rightly
observed
,
make
a
threefold
Cord
which
will
not
easyly
be
broken
,
and
were
therefore
by
as
careful
as
wise
Antiquity
invented
to
fasten
Subjects
to
their
Duty
,
any
one
of
which
cannot
now
with
any
safety
to
the
King
or
his
Kingdom
and
people
,
be
separated
or
disjointed
,
more
especially
that
of
Homage
,
for
that
former
ages
understood
the
Obligation
of
self
Preservation
and
Interest
to
be
more
binding
than
Oaths
as
Salmuthius
in
his
learned
and
accurate
Comment
upon
Pancirollus
well
noteth
,
[
](A54695-e24530-b)(a)
(a)
Salmut●ius
in
Pancirollum
280.
Ut
amore
humani
ingenii
pro
illis
habeant
maximam
Curam
,
in
quibus
suam
vident
esse
positam
Substantiam
,
That
men
most
commonly
take
most
care
of
that
,
wherein
their
Lands
and
Estates
are
concerned
,
which
that
antient
Committee-man
and
old
Sequestrator
the
Devil
well
understood
when
he
got
an
Order
or
Permission
to
ruine
the
Righteous
,
Job
in
his
Estate
,
and
our
last
twenty
years
can
inform
us
how
impotent
and
unable
Oaths
of
Allegiance
and
Supremacy
,
Protestations
,
National
Covenants
,
with
hands
lifted
up
to
heaven
,
calling
God
to
witnesse
Loyalties
,
hot
and
fiery
Zeals
,
and
pretences
of
Religion
,
setting
up
of
Christ
,
and
his
Interest
,
and
walking
with
God
in
the
more
(
as
it
was
wrongfully
called
)
refi●●ed
way
of
his
worship
,
to
resist
or
stand
in
the
way
of
Interest
,
Dangers
,
Hazards
,
Self-seeking
,
and
Self-having
,
in
this
world
,
but
nothing
at
all
in
the
better
.
Which
the
reserving
of
Fealty
,
or
its
being
always
to
be
taken
upon
Tenures
in
Socage
,
and
as
well
upon
Leases
for
years
,
as
Estates
of
freehold
and
inheritance
will
not
remedy
,
when
as
Sir
Henry
Spelman
hath
well
observed
,
Fealty
,
though
it
be
taken
upon
Oath
is
not
so
obligatory
as
Homage
though
it
be
not
taken
upon
Oath
,
for
that
the
Words
of
Homage
are
devenio
homo
vester
ab
hac
die
in
posterum
,
de
vita
,
de
membro
,
&
de
terreno
honore
verus
,
&
fidelis
vobis
ero
,
&
fidem
vobis
portabo
ob
terras
quas
a
vobis
teneo
,
I
become
from
this
day
forward
,
your
man
of
life
,
member
and
earthly
honour
,
and
shall
be
faithful
and
bear
faith
unto
you
,
for
the
Lands
which
I
hold
of
you
.
And
is
not
so
awful
&
binding
as
that
which
was
used
in
the
British
or
Saxon
times
,
or
shortly
after
the
Conquest
,
viz.
ad
defendendum
Regnum
contra
alienigenas
,
&
contra
inimicos
,
una
cum
Domino
suo
Rege
,
&
terras
,
&
honores
,
cum
omni
fidelitate
,
cum
eo
servare
,
&
quod
illi
intra
&
extra
Regnum
fidelis
esse
voluit
,
&
intra
&
extra
Regnum
defendere
.
that
is
,
to
defend
the
Kingdom
against
Foreigners
,
and
Enemies
,
within
and
without
the
Kingdom
,
and
with
the
King
to
defend
his
Lands
and
Honours
,
with
all
fidelity
,
and
would
be
faithful
to
the
King
within
and
without
the
Kingdom
,
&
that
that
which
is
prescribed
by
the
Statute
of
17
E.
2.
(
in
which
also
the
form
and
words
of
the
Homage
is
declared
and
expressed
)
ever
since
used
,
viz.
Quod
vobis
ero
fidelis
et
legalis
,
et
fidem
vobis
feram
de
tenementis
quae
de
vobis
teneo
,
et
legaliter
vobis
faciam
,
Consuetudines
et
servitus
quae
vobis
facere
debeo
,
ad
terminos
assignatos
ut
deus
me
adjuvet
,
that
I
shall
be
faithful
and
loyal
,
and
faith
bear
to
you
for
the
Tenements
which
I
hold
of
you
,
and
shall
lawfully
doe
and
perform
to
you
all
Customes
and
Services
which
I
ought
to
doe
at
the
Tearms
assigned
▪
So
God
me
help
,
is
far
lesse
obliging
and
comprehensive
,
[
](A54695-e24710-b)(b)
(b)
Spelmans
glossar
268.
●●
269.
and
so
litle
in
the
opinion
of
the
Tenants
or
Fealty
makers
,
as
sufficit
plerunque
;
As
Sr.
Henry
Spelman
saith
,
si
pactos
redditus
,
exoluerit
sectamque
Curiae
Domini
,
ex
more
praestiterit
Domini
autem
non
milit
at
nec
armis
cingitur
;
they
most
commonly
think
it
extendeth
but
to
pay
the
rents
agreed
upon
,
and
doe
the
accustomed
suit
and
service
to
their
Lords
Court
.
Which
in
the
Civil
Law
,
form
of
an
Oath
of
Fealty
,
used
in
the
parts
beyond
the
Seas
in
this
manner
,
viz.
Ego
juro
ad
sancta
dei
Evangelia
quod
a
modo
in
antea
ero
fidelis
ei
ut
vassallus
domino
nec
id
quod
mihi
sub
nomine
fidelitatis
commiserit
pandam
alii
ad
ejus
detrimentum
me
sciente
,
I
swear
upon
the
holy
Evangelists
,
that
from
henceforth
I
shall
be
faithfull
to
him
(
id
est
the
Lord
)
as
a
vassal
to
his
Lord
,
nor
shall
willingly
discover
to
another
any
secret
which
under
the
name
of
Fealty
he
shall
commit
unto
me
,
was
taken
and
found
to
be
so
slender
a
tye
or
obligation
,
as
Alia
de
novo
super
fidelitatis
juramento
inventa
forma
et
utentium
consuetudine
quae
hodie
.
When
Obertus
de
Orto
wrote
his
books
de
feudis
in
omni
curia
videtur
obtinere
,
〈◊〉
Olbertus
〈◊〉
Orto
,
lib
2.
●e
feudis
,
&
Cujacius
Anno●
.
in
eundem
lib.
5
,
6
,
7.
a
new
form
of
the
Oath
of
fidelity
was
found
and
invented
,
and
is
used
saith
he
almost
in
every
Court
,
and
approved
by
those
that
used
it
,
Scilicet
ego
Titius
juro
super
haec
sancta
dei
Evangelia
quod
ab
hac
hora
in
antea
usque
ad
ultimum
diem
vitae
meae
ero
fidelis
tibi
Caio
domino
meo
contra
omnem
hominem
(
&
where
it
is
to
a
mesne
Lord
)
excepto
Imperatore
vel
Rege
,
I
Titius
doe
swear
that
from
this
hour
to
the
last
day
of
my
life
I
shall
be
faithful
to
thee
Caius
my
Lord
against
all
men
,
except
the
Emperour
or
the
King
,
which
saith
the
great
Cujacius
by
reason
that
the
genuine
sence
or
meaning
of
the
words
would
not
be
so
well
understood
by
ignorant
men
,
haec
adijci
solet
,
other
clauses
&
words
were
used
to
be
added
(
which
amounted
to
as
much
as
the
duty
of
one
that
doth
homage
for
Lands
holden
by
Knights
service
)
which
Cujacius
thought
to
be
necessary
enough
,
quod
plaerique
fidem
sibi
promitti
satis
non
habent
nisi
et
fidei
partes
muniaque
specialiter
enumerentur
veleo
maxime
si
quid
contra
ea
fecerint
ut
non
possint
negare
se
commisisse
in
Jusjurandum
et
feudum
amisisse
,
for
that
they
did
not
think
it
to
be
enough
to
have
fealty
&
promises
made
unto
them
,
unless
the
duties
and
parts
thereof
should
be
especially
enumerated
,
to
the
end
more
especially
that
i●
they
should
doe
any
thing
contrary
therunto
,
they
should
not
be
able
to
deny
that
they
had
broken
their
Oath
,
and
forfeited
their
Fee
and
Lands
,
so
litle
were
they
satisfied
with
the
slight
,
or
general
words
formerly
used
in
the
Oathes
of
fealty
,
though
in
more
just
and
honest
times
,
about
the
reign
of
Charles
the
great
Emperour
,
the
word
fidelis
,
or
a
fealty
,
did
contain
in
it
(
howsoever
not
expressed
)
a
promise
,
de
tuenda
vita
et
honore
domini
et
si
quid
aliud
specialiter
jurejurando
exprimi
solet
,
to
defend
the
life
and
honour
of
the
Lord
and
every
thing
else
,
which
was
specially
expressed
in
the
Oath
;
so
great
a
care
was
taken
to
make
the
first
intentions
and
promises
of
those
that
had
those
Fees
given
them
to
come
up
and
be
answerable
to
the
good
will
and
expectations
of
those
that
gave
them
.
And
therefore
it
may
prove
to
be
of
evil
consequence
,
if
any
of
our
new
Socage
men
should
like
the
Snakes
thinking
themselves
the
younger
by
casting
off
their
Skins
,
fancy
in
their
old
or
the
next
factious
humour
they
shall
meet
with
,
that
they
are
only
to
pay
their
rent
and
doe
the
services
belonging
to
their
Lands
,
but
are
not
bound
to
pay
that
principal
part
of
their
natural
,
as
well
as
sworn
Allegiance
,
to
take
Armes
to
defend
the
King
and
the
Kingdome
,
more
especially
when
they
shall
hold
their
Lands
,
in
libero
et
communi
Socagio
,
et
pro
omnibus
servitiis
per
fidelitatem
tantum
,
in
free
and
common
Socage
by
fealty
for
all
services
,
which
may
be
more
than
a
litle
prejudicial
to
the
Kingdome
and
the
salus
populi
,
safety
of
the
people
so
much
fought
for
,
as
was
pretended
to
exchange
the
men
of
Armes
and
such
as
are
fit
for
war
,
as
the
Tenures
in
Capite
doe
truly
and
not
feignedly
import
,
for
those
that
shall
claim
exemption
from
wars
,
and
are
by
all
nations
understood
to
be
the
unfittest
for
it
;
when
those
that
by
Tenure
of
their
Lands
and
by
reason
of
their
Homage
and
Fealty
,
were
alwayes
ready
and
bound
to
doe
it
,
and
those
that
by
a
fealty
not
actually
or
but
seldome
taken
,
will
suppose
themselves
not
to
be
bound
at
all
unto
it
,
but
being
most
disloyal
,
will
as
some
thousands
of
Phanatiques
have
lately
done
,
imagine
themselves
to
be
most
faithful
,
and
where
the
Knight
Service
men
were
to
forfeit
their
Lands
so
holden
,
if
they
did
not
doe
their
service
within
two
years
,
or
pay
Escuage
assessed
by
Parliament
,
if
they
went
not
when
they
were
summoned
,
or
sent
another
in
their
stead
,
the
new
or
old
Socage
men
shall
be
under
no
manner
of
penalty
of
forfeiture
at
all
.
Which
may
seem
to
be
the
cause
that
England
,
and
all
other
Civilized
and
well
constituted
Nations
&
Kingdoms
,
did
put
that
value
upon
Homage
(
of
which
there
is
some
likeness
&
of
Fealty
▪
also
in
that
of
the
Princes
&
mighty
men
of
Israel
,
and
all
the
Sons
likewise
of
King
David
submitting
themselvs
at
his
command
unto
Solomon
,
&
giving
the
hand
under
Solomon
as
the
margent
renders
,
[
](A54695-e25110-b)(d)
(d)
Chro●ic●
29.
v
42.
(
like
that
Oath
of
Abrahams
Steward
)
as
they
understood
it
to
be
of
the
Essence
of
Soveraignty
,
the
great
Assistant
and
preserver
of
it
,
and
the
Bond
of
Obedience
fixed
and
radicated
in
the
interest
of
mens
Estates
,
kept
in
and
guarded
by
their
fear
of
loosing
them
.
And
made
our
Kings
so
highly
prize
the
Homages
of
their
Subjects
,
and
conceive
them
to
be
the
Liaisons
,
or
fastenings
that
kept
their
Crowns
fast
upon
their
heads
,
as
King
H.
2.
when
he
had
unadvisedly
made
his
Son
Henry
King
in
his
life
time
,
caused
the
English
Nobility
to
do
Homage
unto
him
,
and
R.
1.
returning
out
of
Captivity
,
had
found
that
his
Brother
Iohn
had
almost
stollen
into
his
Throne
,
caused
himself
to
be
Crowned
the
second
time
,
and
took
the
Homages
of
his
Nobility
;
and
our
Kings
have
been
heretofore
so
careful
,
as
alwayes
at
their
Coronation
,
to
take
the
Homages
of
their
Nobility
;
and
after
a
vacancy
of
a
Bishoprick
,
not
to
restore
the
Temporalties
,
until
the
succeeding
Bishop
shall
have
done
his
Homage
.
And
appears
to
be
no
lesse
valued
by
Foreign
Princes
,
when
as
Phillip
King
of
France
would
,
and
did
to
his
cost
,
refuse
to
receive
the
Homage
of
our
King
E.
3.
by
proxie
,
but
compelled
him
to
do
it
in
his
own
person
,
for
the
Dutchy
of
Aquitain
,
and
an
Arch-Duke
of
Austria
,
was
constrained
in
person
to
do
his
Homage
to
the
King
of
France
,
between
the
hands
of
his
Chancellor
,
for
Flan-Flanders
,
and
the
now
Emperor
of
Germany
hath
lately
and
most
industriously
travailed
through
many
of
his
Dominions
and
Kingdoms
,
to
receive
the
personal
Homages
of
the
Princes
and
Nobility
thereof
,
and
not
omitted
to
go
to
Gratz
,
and
Carinthia
,
to
have
it
as
formally
,
as
really
done
unto
him
.
And
was
such
a
Jewel
in
their
Crowns
,
as
they
could
sometimes
to
pacifie
the
greatest
of
their
troubles
by
the
Seditions
and
Rebellions
of
their
Subjects
,
find
no
greater
or
fitter
a
pawn
or
security
to
assure
the
performance
of
their
promises
and
agreements
,
than
an
absolving
their
Subjects
from
their
Homage
and
Obedience
(
which
were
as
Synonimes
,
or
of
one
and
the
same
signification
)
in
case
of
Breach
of
promises
,
as
our
King
Henry
the
3
d.
did
in
his
necessities
to
Richard
Marshal
Earl
of
Pembroke
,
[
](A54695-e25370-b)(e)
(e)
Mat.
Paris
,
1232.
that
he
should
be
freed
from
his
Homage
Si
rex
pactum
suum
violaret
,
if
the
King
should
break
his
agreement
,
and
as
the
Antient
Earls
of
Brabant
,
are
said
to
have
done
in
their
Reversals
,
or
Grants
to
their
Subjects
,
if
they
should
infringe
their
Liberties
or
Privileges
.
Which
the
seditious
party
that
deposed
King
Richard
the
2
d.
knew
so
well
to
be
a
grand
Obligation
or
Tye
,
which
Kings
had
upon
their
Subjects
,
as
they
put
themselves
to
the
trouble
of
inventing
a
new
trick
of
Treason
solemnly
in
the
name
of
the
three
Estates
of
the
Kingdom
,
viz.
Lords
Spiritual
and
Temporal
,
and
the
Commons
,
to
renounce
their
Homages
,
Fealties
,
and
Allegiance
,
and
all
Bonds
,
Charges
,
and
Services
belonging
thereunto
,
which
would
have
been
to
as
little
purpose
,
as
it
was
contradictory
to
all
the
Rules
of
Right
,
Reason
,
and
Justice
,
if
they
had
not
forced
the
distressed
&
imprisoned
King
by
a
publick
instrument
upon
Oath
to
absolve
all
his
Subjects
a
Juramento
fidelitatis
&
homagiis
omnique
vinculo
ligeanciae
,
[
](A54695-e25470-b)(f)
(f)
Rot.
Parl.
1
H.
4.
M.
20.
from
their
Oaths
of
Fealty
and
Homage
,
and
all
Bonds
of
Allegiances
,
and
to
swear
and
promise
never
to
revoke
it
,
and
is
so
precious
inestimable
,
of
so
high
a
nature
,
so
useful
,
and
of
so
great
a
value
,
as
nothing
but
the
Kingdom
it self
can
be
equivalent
unto
it
.
And
our
Nobility
did
so
esteem
of
the
Homage
and
Service
of
their
Tenants
,
and
build
as
is
were
their
Grandeur
and
Power
upon
it
,
as
they
did
antiently
grant
one
to
another
Homagium
&
Servicium
of
such
and
such
Tenants
.
Maud
the
Empresse
gave
to
Earl
Alberick
de
vere
servicium
decem
militum
,
the
Service
of
ten
Knights
.
An
Earl
of
Leicester
gave
to
Bygod
Earl
of
Norfolk
,
ten
Knights
Fees
,
which
after
the
manner
of
those
times
,
may
with
reason
enough
be
conceived
to
be
only
the
Homage
and
Service
of
so
many
,
for
the
purchase
of
the
Office
of
Lord
high
Steward
of
England
,
and
John
Earl
of
Oxford
in
the
Reign
of
H.
7.
did
at
his
Castle
of
Hedingham
in
Essex
,
actually
receive
the
Homages
of
many
worthy
Knights
and
Gentlemen
that
held
of
him
.
May
very
much
prejudice
in
their
Dignities
and
Honors
,
as
well
as
Estates
,
the
antient
Earls
and
Barons
of
this
King●om
,
by
taking
away
Tenures
in
capite
&
changeing
them
,
and
Knight
service
Tenures
into
Socage
,
when
as
the
Earls
of
Arundel
,
do
hold
the
Castle
and
Rape
of
Arundel
,
which
is
the
Honor
and
Earldom
it self
by
the
Service
of
84.
Knights
Fees
,
the
Earldom
of
Oxford
is
holden
by
the
Service
of
30
Knights
Fees
,
and
that
by
a
modus
tenendi
Parliamentum
,
so
beleived
to
be
true
,
that
King
John
caused
it
when
he
sent
our
English
Laws
into
Ireland
to
be
exemplified
,
and
sent
thither
under
the
Great
Seal
of
England
,
it
is
said
that
every
Earldom
consisteth
of
21
Knights
Fees
,
and
every
Barony
of
13
Knights
Fees
,
and
a
third
part
of
a
Knights
Fee
,
and
were
of
such
a
value
and
esteem
,
as
they
were
wont
heretofore
to
bring
Actions
and
Assizes
for
them
,
and
their
Homage
and
Services
.
And
so
litle
lesse
in
France
,
as
the
wealth
of
that
great
and
populous
Kingdom
,
is
not
as
may
be
rationally
supposed
enough
to
purchase
of
the
Nobility
and
Gentry
of
that
Kingdom
,
the
transmutation
of
their
Fiefs
nobles
into
the
Roturier
or
Feifs
ignobles
,
nor
are
the
Princes
or
Nobility
of
Germany
likely
to
be
perswaded
out
of
their
antient
Rights
and
Tenures
into
that
of
the
Boors
or
common
sort
of
People
.
The
Nobility
and
Gentry
of
England
,
when
their
Military
Tenures
and
Dependencies
shall
be
taken
from
them
,
will
not
upon
necessities
of
War
and
Danger
,
according
to
the
Tenures
of
their
Lands
,
their
Homages
,
and
Oaths
of
Allegiance
,
and
their
natural
and
legal
Allegiance
,
be
able
to
succour
or
he●p
their
Prince
and
Father
of
their
Country
,
their
Defender
and
Common
Parent
,
as
they
have
heretofore
done
,
when
as
they
stoutly
and
valiantly
helped
to
guard
their
Standard
,
and
Lions
but
for
want
of
those
which
held
Lands
of
them
,
and
the
Tenures
by
Knight
service
,
will
be
forced
to
abide
with
Gilead
beyond
Jordan
,
and
not
be
able
to
imitate
their
noble
Ancestors
,
[
](A54695-e25890-b)(g)
(g)
Dugdale
Illustration
of
Warwickshire
,
116.
nor
each
or
any
of
them
bring
to
his
Service
three
Bannerets
,
sixty
one
Knights
,
and
one
hundred
fifty
four
Archers
on
Horseback
,
[
](A54695-e25920-b)(h)
(h)
Dugdale
Illustration
of
Warwickshire
316.
as
Thomas
de
Bello
campo
Earl
of
Warwick
,
did
to
E.
3.
in
anno
21.
of
his
Raign
at
the
Seige
of
Caleis
,
or
as
the
Earl
of
Kildare
did
to
King
E.
3.
in
the
25
th
.
year
of
his
Raign
,
when
he
besieged
Calice
,
[
](A54695-e26030-b)(i)
(i)
Spelmans
Glossar
in
verbo
Hobellarij
.
when
he
brought
one
Banneret
,
six
Knights
,
thirty
▪
Esquires
,
nineteen
Hoblers
,
twenty
four
Archers
on
Horseback
,
and
thirty
two
Archers
on
foot
.
It
will
take
away
the
subjection
of
the
Bishop
of
the
Isle
of
Man
,
who
holdeth
of
the
Earl
of
Derby
as
King
of
the
Isle
of
Man
,
and
not
of
the
King
of
England
,
and
therefore
cometh
not
to
Parliament
.
Take
away
from
the
King
,
Nobility
,
and
Gentry
,
who
have
Lands
holden
by
Knight
service
,
all
Escheats
of
such
as
die
without
Heirs
,
or
forfeit
or
be
convicted
of
Felony
,
and
the
Kings
Annum
diem
&
vastum
,
year
,
day
,
and
wast
,
where
the
Lands
are
holden
of
Mesne
Lords
,
the
Escheats
of
those
that
held
of
Kings
,
imediately
being
so
considerable
as
the
Castle
of
Barnard
in
Cumberland
,
and
the
Counties
of
Northumberland
,
and
Huntington
,
which
the
Kings
of
Scotland
sometimes
held
of
England
,
came
again
to
the
Crown
by
them
,
and
the
power
which
King
Edward
1.
had
to
make
Baliol
King
of
Scots
,
and
to
determine
the
competition
for
that
Kingdom
,
was
by
reason
it
was
held
of
him
,
the
Earldoms
of
Flanders
,
and
Artois
were
seised
by
Francis
the
1.
as
forfeited
,
being
Fiefs
of
the
Crown
of
France
,
&
Flanders
,
and
many
other
Provinces
,
forced
to
submit
themselves
upon
some
controversies
,
to
the
Umpirage
of
France
,
of
whom
they
held
.
Enervate
at
least
,
if
not
spoil
our
original
&
first
Magna
Charta
,
which
was
grante
by
H.
3.
tenendum
de
se
&
heredibus
suis
,
and
all
our
Liberties
,
and
the
many
after
confirmations
of
that
Magna
Charta
,
will
be
to
seek
for
a
support
,
if
it
shall
be
turned
into
Socage
,
&
the
Lib●rties
also
of
the
City
of
London
,
&
all
other
antient
Cities
,
and
Boroughs
,
and
such
as
antiently
and
before
9
H.
3.
did
use
to
send
Burgesses
unto
Parliament
.
Alter
if
not
destroy
the
Charter
of
K.
R.
1.
granted
to
the
City
of
London
for
their
Hustings
Court
,
to
be
free
of
Toll
&
Lastage
through
all
England
,
and
all
Sea-Ports
,
with
many
other
Priviledges
,
which
were
granted
to
be
held
of
the
King
and
his
Heirs
,
and
the
same
with
many
other
immunities
granted
&
confirmed
by
King
John
,
with
a
Tenure
reserved
to
him
and
his
Heirs
,
for
where
no
Tenure
is
reserved
nor
expressed
,
though
it
should
be
said
,
absque
aliquo
inde
reddendo
,
it
shall
be
intended
for
the
King
and
the
Law
will
create
a
new
Tenure
by
Knight
service
in
Capite
.
[
](A54695-e26470-b)(k)
(k)
Coke
9.
Report
,
Leonard
Lovelaces
Case
.
A
Socage
Tenure
for
Cities
and
Boroughs
,
which
have
no
Ploughs
,
or
intermedle
not
with
Husbandry
,
will
be
improper
when
as
there
is
not
any
fictio
juris
,
or
supposition
●in
Law
,
which
doth
not
sequi
rationem
,
so
follow
reason
,
or
allude
unto
it
,
as
to
preserve
the
reason
or
cause
which
it
either
doth
,
or
would
signify
,
but
doth
not
suppose
things
improper
,
or
which
are
either
Heterogeneous
,
or
quite
contrary
.
Put
into
fresh
disputes
the
question
of
precedency
,
betwixt
Spain
&
England
,
which
being
much
insisted
upon
by
the
Spaniard
,
at
the
treaty
of
peace
betwixt
the
two
Kingdoms
,
in
anno
42.
of
Q.
Eliz.
at
Calice
occasioned
by
the
contests
of
the
Embassadour
of
Spain
,
and
Sir
Henry
Nevil
,
Embassadour
for
England
,
it
was
argued
or
adjudged
that
England
besides
the
arguments
urged
on
its
behalf
,
viz.
Antiquity
of
Christian
Religion
,
more
authority
Ecclesiastical
,
more
absolute
authority
Political
,
eminency
of
royal
dignity
,
and
Nobility
of
blood
,
ought
to
have
precedency
,
in
regard
that
it
was
Superiour
to
the
Kingdoms
of
Scotland
and
Ireland
,
and
the
Isle
of
Man
,
which
held
of
i●
,
that
Spain
had
no
Kingdom
held
in
Fee
of
it
,
but
was
it self
Feudatory
to
France
,
and
inthral'd
by
oath
of
Subjection
to
Charles
the
fifth
King
of
France
,
in
anno
1369.
holds
a
great
part
of
the
Netherlands
of
France
,
Arragon
,
both
the
Indies
,
Sicily
,
Granado
,
and
Navarre
,
Sardinia
,
Corsica
,
and
the
Canary
Islands
of
the
Pope
,
Portugal
payeth
an
annual
Tribute
to
him
;
and
Naples
yearly
presents
him
with
a
white
Spanish
Genner
,
and
a
certain
Tribute
.
Lessen
,
and
take
away
the
honour
of
the
King
,
in
having
the
principality
of
Wales
,
Kingdom
of
Ireland
,
Isle
of
Man
,
Isles
of
Wight
,
Gernesey
,
and
Jersey
,
holding
of
England
as
their
Superiour
in
Capite
.
Enervate
or
ruine
the
Counties
Palatine
of
Chester
,
Lancaster
,
Durham
,
and
Isle
of
Ely
,
if
the
Tenures
should
be
Levelled
into
Socage
.
Very
much
damnifie
all
the
Nobility
and
Gentry
of
England
,
who
hold
as
they
have
antiently
divers
Mannors
and
Lands
,
or
Offices
by
grand
Serjeanty
,
as
for
the
Earls
of
Chester
,
which
belongeth
to
the
Princes
of
Wales
,
and
the
eldest
Son
of
the
King
,
to
carry
before
the
King
at
his
Coronation
the
Sword
called
Curtana
,
to
be
Earl
Marshal
of
England
,
and
to
lead
the
Kings
Host
to
be
Lord
great
Chamberlain
of
England
,
which
is
claimed
by
the
Earl
of
Oxford
,
to
carry
the
Sword
called
Lancaster
before
the
King
at
his
Coronation
due
to
the
Earl
of
Derby
as
Kings
of
the
Isle
of
Man
,
to
be
grand
Faulconner
or
Master
of
the
Hawks
claimed
by
the
Earl
of
Carnarvon
,
and
the
Kings
Champion
at
his
Coronation
claimed
by
the
Family
of
the
Dymocks
in
Lincolnshire
,
and
very
many
others
holding
by
divers
other
grand
Serjeanties
.
Prejudice
the
Families
of
Cornwal
,
Hilton
,
and
Venables
,
who
though
not
priviledged
and
allowed
to
sit
as
Peers
in
Parliament
,
are
by
an
antient
custome
and
prescription
allowed
to
use
the
Title
of
Baron
of
Burford
,
Baron
Hilton
,
and
Baron
of
Kinderton
,
because
they
hold
their
Lands
per
Baron●am
.
Disparage
the
Esquires
and
Gentry
of
England
,
the
first
sort
of
which
being
as
antiently
as
the
dayes
of
the
Emperour
Julian
,
called
Scutarii
,
of
their
bearing
of
shields
in
the
Wars
,
[
](A54695-e27230-b)(l)
(l)
Selden
tit
.
Hon●●
875.
and
the
other
as
our
excellently
learned
Mr.
Selden
teacheth
us
,
called
Gentlemen
,
a
gente
,
or
the
stock
out
of
which
they
were
derived
,
or
because
they
were
ex
origine
gentis
of
noble
kind
distinguished
from
them
whom
Horace
termeth
sine
gente
,
or
that
they
had
servile
Auncestors
,
had
by
their
fears
and
prowess
in
War
not
only
gained
great
reputation
,
but
Lands
given
to
them
and
their
Heirs
for
their
reward
,
support
,
and
maintenance
,
from
which
custome
and
usage
amongst
the
Roma●s
,
sa●th
Pasquier
,
[
](A54695-e27310-b)(m)
(m)
Pasquier
de
Rocherches
de
France
li-se●ond
202.
the
French
in
imitation
of
the
Gaules
did
call
those
Esquires
&
Gen●●●men
,
Quilz
vi●●ent
estre
pourv●uz
de
tels
benefices
,
whom
they
did
see
so
provided
with
those
benefices
or
rewards
,
Et
pour
autant
quilz
veterent
ceux
cy
n'
estre
chargez
d'
aucune
redevance
pecu●iare
à
raison
de
leurs
terres
benificiales
envers
le
Prince
et
outre
plus
qu'a
l'
occasion
d'icelles
ils
devoient
prendre
les
armes
pour
la
protection
et
d●ffense
de
Royaume
le
peuple
commenca
de
fonder
le
seul
et
unique
degrè
de
noblesse
sur
telle
maniere
de
gens
,
●or
that
they
did
see
that
they
were
not
charged
with
any
Assessement
in
money
to
the
Prince
by
reason
of
the
Tenures
of
their
Lands
,
and
that
therefore
they
were
upon
all
occasions
to
take
Armes
for
the
protection
and
defence
of
the
Realm
.
the
people
took
them
to
be
a
degree
of
Nobility
,
as
appeareth
by
the
stature
of
1
E.
2.
touching
such
as
ought
to
be
Knights
and
came
not
to
receive
that
order
.
Take
away
a
great
part
of
the
root
and
foundation
of
the
Equestris
ordo
,
and
antient
and
honourable
degree
of
Knighthood
in
England
,
which
was
derived
and
took
its
beginning
from
the
service
of
their
Lands
which
were
military
,
for
the
cheif
Gentlemen
or
Free-holdes
of
every
County
,
in
regard
they
usually
held
by
Knights
service
,
saith
the
learned
Selden
,
[
](A54695-e27430-b)(n)
(n)
Selden
ti●
.
Honor
cap
769
,
et
770
▪
were
called
Chivalers
,
in
the
statute
of
W.
1.
touching
Coroners
,
and
was
so
honourable
a
Title
as
the
name
of
Chivaler
was
antiently
given
to
every
temporal
Baron
,
whether
he
were
dubbed
a
Knight
or
no.
Blast
and
enernate
that
also
of
our
not
long
agoe
instituted
order
of
Baronetts
,
which
are
,
though
there
be
no
Tenure
expressed
in
their
Patents
,
held
by
service
in
War
,
and
a
more
noble
Tenure
then
Socage
.
Take
away
the
cause
and
original
of
that
antiently
very
eminent
degree
of
Banneret
,
when
as
such
as
hold
Lands
in
Capite
,
and
by
Knight
service
,
and
had
many
Tenants
also
holding
of
them
by
Knight
service
,
were
able
in
a
more
then
ordinary
manner
to
do
their
King
and
Country
service
,
by
bringing
their
own
Banner
in
the
Feild
,
which
was
to
be
displaced
by
the
King
or
his
Leivetenant
.
Make
our
heretofore
famous
English
Nation
in
matters
of
Armes
and
feats
of
Chivalry
,
to
be
as
a
Pastoritium
,
or
agreste
genus
hominum
,
to
be
Rusticks
and
Plowmen
,
which
the
followers
of
Romulus
,
which
were
many
of
them
but
Rubul●i
et
opiliones
,
Sheppheards
and
Heardsmen
,
did
not
take
to
be
a
degree
worthy
the
Founders
of
that
great
Empire
of
Rome
,
nor
could
be
content
with
any
les●
then
that
of
their
Patricij
or
Equites
,
Sena●ors
or
Knights
;
And
was
therefore
called
Feudum
n●bile
et
cognoscitur
mul●is
privilegiis
inhaerentibus
,
viz.
Gardia
,
Fidelitas
,
Homagium
,
Curia
,
Consuetudin●s
,
Jurisdictio
in
Vassallos
,
Banni
,
et
retrobann●
privilegium
,
jus
Columbarij
jus
molendini
,
&c.
A
noble
Fee
which
hath
many
priviledges
belonging
to
it
,
viz.
Wardship
,
Fealty
,
Homage
,
a
Court
,
Customes
,
Jurisdiction
over
Tenants
,
priviledge
of
Ban
,
and
Arriere
Ban
,
calling
them
to
War
in
defence
of
their
Prince
,
a
right
to
have
a
Dove-house
and
a
Mill
,
the
two
latter
of
which
others
could
not
heretofore
build
or
enjoy
without
the
Kings
licence
,
Equibus
liquet
ingentem
maneriorum
nostrorum
multitudinem
Normannis
,
[
](A54695-e27710-b)(o)
(o)
Spelmans
glossar
261.
enim
abunde
auctam
videmus
ex
privilegiis
ad
feuda
militaria
olim
spectantibus
originem
sumpsisse
,
by
which
it
is
manifest
that
our
great
number
of
Mannors
came
to
be
abundantly
increased
by
the
Normans
,
and
took
their
begining
from
the
priviledges
belonging
to
Knights
Fees
;
Take
away
all
the
Mannors
and
Court
Barons
of
the
Kingdome
,
[
](A54695-e27760-b)(p)
(p)
Spelmans
glossar
in
verbo
f●●dum
nobile
.
which
being
before
the
statute
of
Quia
emptores
terrarum
,
created
by
the
Lords
,
who
parcelled
out
the
Lands
,
which
the
King
had
before
given
them
to
several
Friends
or
Tenants
to
be
held
of
them
and
their
Heirs
by
Knight
service
,
and
some
other
part
in
Socage
,
to
plow
their
Lands
and
carry
their
Hay
,
&c.
and
to
do
suit
to
the
Courts
(
of
which
the
Free-holders
are
said
to
be
the
Homage
)
holden
for
their
Mannor
in
whose
Jurisdiction
the
Lands
do
lye
,
and
are
no
small
part
of
the
legal
and
necessary
priviledges
and
power
of
the
Gentry
or
Lords
of
Mannors
over
their
Tenants
,
which
were
as
Sr.
Edward
Coke
saith
given
them
for
the
defence
of
the
Kingdome
,
[
](A54695-e27820-b)(q)
(q)
Coke
1.
part
Institutes
58●
and
doe
not
only
very
much
conduce
to
the
well
ordering
of
their
Tenants
,
but
to
the
universal
peace
and
welfare
of
the
Nation
,
in
their
inferior
Orbes
and
Motions
subordinate
to
the
higher
.
Were
all
at
the
first
derived
out
of
Knight
service
,
as
evidently
appears
by
Edward
the
Confessors
Laws
,
wherein
it
was
ordained
that
Barones
qui
suam
habent
Curiam
de
suis
hominibus
,
[
](A54695-e27870-b)(r)
(r)
Spelmans
glossar
which
have
their
Court
consisting
of
their
men
and
Tenants
,
Et
qui
Sacham
et
Socam
habent
id
est
Curiam
et
Jurisdictionem
super
Vassallis
suis
,
[
](A54695-e27900-b)(s)
(s)
LL
Edwa●di
R●gis
9.21
.
have
a
Court
and
Jurisdiction
over
their
Tenants
,
are
to
doe
right
to
their
Tenants
,
and
by
the
fall
of
those
many
thousand
Mannors
,
&
Court
Barons
in
the
Kingdoms
,
which
will
at
the
same
time
dye
and
perish
with
the
Tenures
in
Capite
,
and
by
Knight
service
.
Extinguish
the
Copyhold
Estates
,
which
belong
unto
them
,
which
by
the
destruction
of
the
Mannors
,
and
Court
Barons
,
will
also
fall
,
for
as
there
can
be
no
Court
Baron
without
Freeholders
,
so
no
customary
Court
without
Copiholders
.
And
once
lost
,
or
but
altered
,
cannot
be
created
again
,
for
that
now
a
Subject
cannot
make
a
Mannor
,
which
must
be
part
in
demesnes
,
and
part
in
services
,
to
hold
of
him
by
services
and
Suit
of
Court
,
which
is
to
be
by
a
long
continuance
of
time
a
tempore
cujus
contrarij
memoria
hominum
non
existit
,
and
if
there
be
no
Court
the
Customary
Tenants
,
or
Copiholders
cannot
enter
their
Plaints
,
make
Surrenders
,
and
be
admitted
.
Turn
the
Tenures
in
Capite
,
which
are
only
so
called
from
the
duty
of
Homage
,
and
the
acknowledgement
of
Soveraignity
,
and
Headship
in
the
King
,
into
a
Tenure
in
Socage
,
which
is
so
far
from
acknowledgeing
the
King
to
be
chief
,
or
to
ingage
,
as
the
other
doth
their
Lands
,
to
do
him
service
as
it
is
but
a
Tenure
,
as
it
were
a
latere
,
&
is
no
more
then
what
one
Neighbour
may
acknowledge
to
hold
or
doe
to
another
,
for
his
Rent
,
or
money
be
a
Lease
for
a
Life
,
or
one
or
more
years
,
or
as
Tenant
at
will
,
and
levels
and
makes
rather
an
equality
,
then
any
respect
of
persons
,
which
if
ever
or
at
all
reasonable
,
or
fit
to
be
done
,
is
in
a
democratical
or
popular
way
of
Government
,
but
will
be
unexampled
,
and
is
not
at
all
to
be
in
Monarchy
,
&
may
make
many
of
the
people
which
are
not
yet
recovered
out
of
a
gainful
Lunacy
,
to
beleive
they
were
in
the
right
when
they
supposed
themselves
to
be
the
Soveraigns
.
Ireland
,
which
in
the
subverting
Olivers
time
,
was
to
have
their
Swords
by
the
like
Tenure
,
turned
into
Plow-shares
,
though
their
warres
and
taxes
were
never
intended
to
leave
them
,
was
to
pay
but
12000
l.
per
annum
,
to
turn
their
better
Tenures
&
Conditions
into
worse
,
will
if
they
be
not
come
again
to
their
wits
expect
the
like
prejudicial
bergain
.
Bring
many
inconveniences
and
mischiefs
to
the
Nobility
and
Gentry
of
Scotland
,
if
their
Tenures
in
Capite
,
and
Knight
service
,
and
those
which
are
holden
of
them
as
Mesn
Lords
,
shall
as
ours
,
be
taken
away
with
their
services
and
dependencies
,
Licences
of
Alienation
,
benefits
of
Investitures
,
infeodations
,
and
the
like
,
it
being
amongst
others
as
a
reason
given
for
Wardships
in
that
Kingdom
,
in
the
Laws
of
Scotland
,
in
the
reign
of
their
Malcombe
the
2.
(
which
was
before
the
Conquerours
entring
into
England
,
Ne
non
suppeterent
Regiae
Majestatis
facultates
,
to
the
end
that
the
King
should
have
where-withall
to
defend
the
Kingdom
.
And
a
letting
loose
of
a
fierce
and
unruly
people
,
who
are
best
of
all
kept
in
awe
&
order
by
a
natural
&
long
&
well
enough
liked
subjection
to
their
Mesne
Lords
and
Superiours
,
into
a
liberty
which
cannot
be
done
without
a
disjointing
and
over-turning
all
the
Estates
of
the
Nobility
and
Gentry
of
that
Kingdom
,
and
may
like
our
late
English
Levellers
,
either
endeavour
to
do
it
,
or
bring
themselves
and
the
whole
Nation
,
to
ruine
by
a
renversing
of
the
fundamental
Laws
,
and
that
antient
order
and
constitution
of
that
Kingdom
,
wherein
the
estates
and
livelyhood
of
all
the
Nobility
and
Gentry
,
and
better
part
of
the
people
are
hugely
concerned
.
And
besides
a
great
damage
to
the
King
in
his
Revenues
,
and
profits
arising
out
of
such
Tenures
,
if
not
recompenced
by
some
annual
payment
.
Will
howsoever
take
away
that
antient
Homage
and
acknowledgement
of
Superiority
,
which
from
that
Kingdom
to
this
of
England
,
cannot
be
denyed
to
be
due
,
and
to
have
been
actually
and
antiently
done
,
and
presidented
,
and
not
in
one
,
but
several
ages
,
fidem
&
obsequium
ut
vassallos
Angliae
Regibus
,
&
superioribus
dominis
jurejurando
promisisse
,
to
have
done
their
Homage
and
Fealty
as
vassals
to
our
English
Kings
,
and
bound
themselves
by
oath
thereunto
,
as
namely
,
to
Alfred
,
Edgar
,
Athelstane
,
William
the
Conqueror
,
William
Rufus
,
Maud
the
Empresse
,
Henry
the
second
,
and
Edward
the
first
,
the
later
of
whom
with
all
the
Baronage
of
England
,
in
a
Letter
to
the
Pope
,
did
upon
the
search
of
many
Evidences
and
Records
stoutly
assert
it
.
Will
be
no
small
damage
and
disturbance
to
the
Kings
other
Regalities
,
and
Prerogatives
,
and
in
the
Tenures
of
the
Cinque
Ports
,
who
are
to
provide
fifty
ships
for
the
guarding
of
the
Seas
,
and
the
Town
of
Maldon
in
Essex
one
,
the
Town
of
Lewis
in
Sussex
,
as
the
Book
of
Doomsday
informeth
,
where
King
Edward
the
Confessor
had
127
Burgesses
in
dominio
&
eorum
consuetudo
erat
,
si
Rex
ad
Mare
custodiendum
sine
se
suos
mittere
voluisset
,
de
omnibus
hominibus
cujuscunque
terrae
fuissent
colligebant
20
s●lidos
&
hos
habebant
qui
in
manibus
arma
custodie●ant
,
had
127
Burgesses
in
his
deme●ne
of
the
King
,
and
when
he
sent
any
of
his
men
to
guard
the
Seas
,
they
were
to
gather
20
s.
a
man
,
which
was
to
be
given
to
those
that
manned
the
Ships
,
&
in
Colchester
where
the
custom
then
was
,
that
upon
any
expedition
of
the
Kings
by
Sea
or
Land
,
every
house
was
to
pay
six
pence
ad
victum
soldariorum
Regis
,
towards
the
quarter
or
livelyhood
of
the
Kings
Souldiers
,
and
likewise
prejudice
him
in
his
grand
and
Petit
Serjeanties
,
and
many
thousand
other
reservations
of
honour
and
profit
,
by
and
upon
Tenures
in
Capite
,
and
Knight
service
,
which
revived
and
called
out
of
their
Cells
,
wherein
those
that
are
to
do
and
pay
them
,
are
content
they
should
sleep
,
and
take
their
rest
for
ever
,
would
go
near
to
make
and
maintain
an
Army
with
men
and
Provisions
.
The
King
when
the
Tenures
in
Capite
shall
be
taken
away
,
shall
never
be
able
to
errect
his
Standard
and
to
call
thereunto
all
that
hold
Lands
,
Fees
,
Annuities
,
and
Offices
of
him
,
to
come
to
his
assistance
,
according
to
the
duty
of
their
Tenures
,
and
the
Acts
of
Parliament
of
11
H.
7.
chap.
18.
And
19.
H.
7.
chap.
1.
of
forfeiting
the
Lands
and
Offices
holden
of
him
under
the
penalties
,
which
was
the
only
means
which
the
late
King
his
Father
had
to
protect
as
much
as
he
could
himself
,
and
his
Subjects
or
to
manifest
the
justice
of
his
Cause
,
in
that
War
which
was
forced
upon
him
,
and
was
very
useful
and
necessary
heretofore
for
the
defence
of
the
Kings
of
England
,
and
their
People
,
and
proved
to
be
no
otherwise
in
the
Bellum
[
](A54695-e28490-b)(t)
(t)
Ethelredus
Abbas
Rienal●ensis
.
Standardi
,
so
called
in
the
reign
of
King
Stephen
,
where
some
of
the
Barons
of
England
,
and
some
of
the
English
Gentry
,
gathered
themselves
to
the
Royal
Standard
,
and
repelled
and
beat
the
King
of
Scotland
,
and
in
several
Kings
reigns
afterwards
repulsed
the
Scotch
,
and
Welch
Hostilities
,
and
Invasions
,
and
at
Floddon
Field
in
King
H.
8
ths
.
time
,
when
the
Duke
of
Norfolk
and
his
Son
the
Earl
of
Surrey
,
and
diverse
of
the
Nobility
and
Gentry
which
accompanied
them
vanquished
,
and
slew
the
King
of
Scots
.
The
benefit
whereof
the
Commons
of
England
had
so
often
experimented
as
in
diverse
Parliaments
they
Petitioned
[
](A54695-e28650-b)(u)
(u)
Rot.
Parl.
6.
R.
2.
m.
33.
●
.
H
▪
4.
m.
24.
the
King
and
Lords
to
cause
the
Lord
Marchers
,
and
other
great
men
,
to
repair
into
their
Counties
,
and
defend
the
borders
,
and
was
so
necessary
in
France
,
to
assemble
together
the
Bans
,
and
Arrierebans
which
were
but
as
our
Tenants
in
Capite
,
as
it
helped
King
Charles
the
7
th
.
of
France
,
to
recover
that
Kingdom
again
out
of
the
hands
and
possession
of
our
two
Henries
,
the
5.
and
6.
Kings
of
England
.
And
if
any
Rebellion
or
Conspiracy
shall
hereafter
happen
.
When
—
Cum
[
](A54695-e28840-b)(w)
(w)
Virgill
1
Eneid
.
saepe
coorta
Seditio
saevitque
animis
ignobile
vulgus
.
Fury
,
and
Rage
of
War
shall
burn
,
And
the
Ignoble
to
the
worst
side
turn
.
Must
be
left
to
hire
his
Souldiers
or
Assistance
,
out
of
the
Rascallity
,
Debauched
,
and
Ruder
sort
of
People
,
and
such
as
know
neither
how
to
fight
,
or
be
faithful
,
if
his
Treasory
or
yearly
Income
,
upon
such
an
increased
Revenue
,
can
do
it
,
when
as
without
the
necessity
of
his
Subjects
,
preserving
their
own
Lands
and
Estates
by
performing
the
duties
and
service
of
their
Tenures
,
the
money
which
the
late
King
could
have
procured
,
could
never
have
brought
any
considerable
number
of
men
to
his
Standard
,
of
whose
fidelity
,
being
Hirelings
,
and
such
of
the
Vulgar
and
ignoble
part
of
the
people
,
as
had
neither
courage
virtue
or
Estate
,
or
such
as
for
a
litle
more
pay
,
would
either
have
deserted
or
betrayed
him
,
nor
could
he
be
so
certain
,
and
assured
as
he
was
in
the
aid
and
assistance
of
that
of
the
Nobility
and
Gentry
,
and
better
part
of
the
people
,
virtuously
educated
,
and
descended
from
worthy
Ancestors
,
furnished
out
,
and
ready
to
attend
him
,
with
the
haz●r●
of
all
their
Esta●●s
and
Fo●●u●es
,
and
whose
great
Sou●s
●ct●d
by
a
nobler
principle
,
made
them
scorn
to
stoop
to
any
unworthy
Actions
,
basen●sse
or
villany
,
which
caused
our
brave
King
H.
5.
after
the
Batte●
at
Agencourt
,
in
a
Muster
,
or
Leavy
,
which
he
was
to
make
of
Souldiers
to
passe
with
him
into
France
,
publiquely
to
Proclaim
,
that
none
should
presume
to
go
with
him
(
for
then
they
needed
no
other
impressing
but
the
obligation
of
their
Tenures
and
glory
and
honour
of
serving
their
Prince
,
and
Country
)
but
such
as
were
Gentlemen
,
and
had
Tunicas
armo●um
,
did
bear
Arms
,
except
such
as
had
served
him
at
the
Battel
of
Agencourt
,
though
they
had
none
.
For
if
a
War
,
which
will
be
sure
to
loose
no
opportunities
;
but
pick
&
cull
its
advantages
,
should
break
out
before
the
rent
day
,
or
the
monyes
can
be
gathered
,
he
cannot
likely
want
distresses
or
misfortunes
either
for
himself
or
his
people
,
when
they
shall
not
have
wherewith
to
hire
an
Army
;
And
failing
of
a
necessary
defence
and
assistance
at
Land
,
for
want
of
his
Tenures
in
Capite
,
and
Knight
service
,
shall
also
loose
the
help
of
his
Ships
and
Navy
at
Sea
.
And
if
the
King
or
any
of
his
Successors
should
be
so
happy
as
to
have
money
in
their
Treasury
,
which
as
the
course
and
charge
of
War
is
now
,
must
be
no
small
sums
to
hire
,
provide
,
and
continue
an
Army
,
it
may
be
seized
on
as
his
Revenues
,
and
all
the
money
in
the
Exchequer
,
and
much
of
his
Plate
and
Houshold
stuffe
were
in
the
late
Wars
,
and
if
he
could
be
so
well
before
hand
as
to
have
any
Magazines
,
may
have
that
as
easily
taken
from
him
as
his
Magazines
at
Hull
,
and
the
Tower
of
London
were
,
when
his
Tenures
per
Baroniam
,
and
in
Capite
,
and
by
Knight
service
were
not
.
Can
have
no
manner
of
assurance
,
that
when
any
sedition
or
commotion
of
the
people
shall
be
bred
or
increased
by
the
practise
of
some
great
men
,
or
inticements
of
any
of
the
Clergy
,
and
a
Bellum
flagrans
,
or
a
War
as
suddain
and
unexpected
as
it
shall
be
dangerous
,
shall
breake
out
not
only
in
one
,
but
several
parts
of
the
Nation
,
that
the
people
or
most
vulgar
and
common
sort
of
Hirelings
will
especially
in
a
frenzy
or
humour
of
sedition
be
hired
or
drawn
to
fight
for
him
by
a
small
and
inconsiderable
pay
,
and
the
support
of
an
Hospital
when
their
wounds
shall
bring
them
into
it
,
or
a
small
allowance
which
the
statute
allows
wounded
Souldiers
until
they
be
cured
,
or
maimed
Souldiers
which
are
incurable
,
shall
be
so
very
disproportionate
to
their
danger
and
hazards
.
When
the
hireing
also
of
common
Souldiers
upon
a
suddain
and
in
case
of
necessity
,
will
(
if
he
could
get
them
)
be
more
chargeable
and
difficult
then
when
he
was
to
be
served
and
defended
in
his
Wars
by
men
of
worth
and
quality
,
under
the
ingagement
of
their
Lands
and
Tenures
,
which
made
our
former
Kings
,
besides
those
aids
and
safeguards
by
Tenures
of
Lands
,
to
stipend
and
pension
certain
of
their
Nobility
and
Gentry
whom
they
found
most
proper
and
fit
to
serve
them
by
Indenture
,
with
so
many
men
at
Armes
or
Souldiers
,
as
for
instance
,
Thomas
Beauchamp
Earl
of
Warwick
,
retained
in
46
E.
3.
by
Indenture
to
serve
the
King
in
his
Wars
beyond
Seas
for
one
whole
year
with
100
men
at
Arms
,
of
which
number
himself
to
be
one
,
160
Archers
,
2
Bannerets
,
30
Knights
,
and
77
Esquires
,
a
tryal
or
proof
whereof
would
easily
have
manifested
the
difference
betwixt
the
one
way
&
the
other
,
[
](A54695-e29140-b)(x)
(x)
Dugdale
Illustration
of
Wariekshire
321.
if
when
the
late
King
in
his
march
or
expedition
against
the
Covenanting
Scots
in
An.
1639.
had
such
a
gallant
Army
as
he
had
of
his
English
Nobility
&
Gentry
,
had
disbanded
them
&
taken
as
well
as
he
could
in
their
rooms
only
milites
Gregarij
,
or
Tirones
,
common
and
mercenary
Souldiers
;
And
may
expose
him
in
any
distresse
,
when
his
mony
or
hirelings
shall
fail
him
,
to
that
disloyal
and
rebellious
late
opinion
too
much
entertained
and
taken
in
by
Newtrals
double
dealing
or
time
serving
people
,
that
where
the
King
cannot
protect
them
,
their
Oaths
and
Consciences
gives
them
a
liberty
to
make
the
best
bergain
they
can
for
themselves
,
Take
away
also
the
foundation
of
the
House
of
Peers
in
Parliament
,
whom
the
Laws
and
Records
of
the
Kingdom
,
do
prove
to
sit
there
only
as
Tenants
in
Capite
,
and
per
Baroniam
,
which
well
might
be
the
grand
foundation
of
so
noble
a
Senate
,
when
as
amongst
the
Romans
,
their
Senators
were
Lecti
in
senatum
ex
equestri
ordine
,
[
](A54695-e29280-b)(y)
(y)
Sigonius
de
antiquo
jure
Rom.
chosen
into
the
Senate
out
of
the
degree
of
Knighthood
,
and
even
by
Brutus
in
his
Consulship
,
and
great
endeavours
to
restore
that
people
to
their
Liberty
,
was
so
approved
,
as
that
many
ages
after
,
Perseus
Macedoniae
Rex
apud
Livium
lib
,
[
](A54695-e29320-b)(z)
(z)
Livy
lib.
42.
42.
Equites
Romanos
appellat
principes
juventutis
&
seminarium
Senatus
,
calleth
in
Livy
the
Roman
Knights
,
the
Princes
or
Flower
of
the
youth
▪
and
the
Nursery
of
the
Senate
,
[
](A54695-e29370-b)(a)
(a)
Sigoni●s
.
de
antiquo
jure
Rom.
76.
and
saith
that
inde
lectos
in
patrum
numerum
,
they
where
thence
chosen
to
be
Senators
,
and
ex
veteri
instituto
,
the
Custom
was
as
Isiodore
saith
▪
that
when
the
Senators
Sons
came
to
be
of
Age
,
[
](A54695-e29420-b)(b)
(b)
Perionius
de
Senatu
Rom.
lib.
25.
they
were
not
to
be
admitted
into
the
Senate
,
until
they
were
Knighted
.
And
Alexander
Severus
the
Emperor
,
[
](A54695-e29450-b)(c)
(c)
Lampridius
in
vita
Severi
.
would
not
assumere
libertos
in
equestrem
ordinem
,
ordain
or
make
Yeomen
,
or
such
as
were
n●wly
〈◊〉
to
be
Knights
,
or
give
〈◊〉
(
as
he
did
)
Lands
to
hold
by
Knight
〈◊〉
,
dicens
·
quod
seminarium
〈◊〉
Equestrem
●sse
locum
,
that
it
was
the
seminary
for
the
Senate
,
amongst
the
Germans
,
who
were
as
jealous
to
keep
their
Honor
,
as
they
were
their
Liberties
Nobiles
vocati
Ritter
id
est
Servator
,
[
](A54695-e29520-b)(d)
(d)
Nolden
de
statu
nobilium
60.
&
62.
Noblemen
were
termed
Ritters
,
which
signifieth
a
Saviour
or
Defender
,
quod
virtute
&
fortitudine
servent
patriam
,
because
by
their
vertue
and
manhood
,
they
defended
their
Country
,
amongst
whom
the
degree
of
Knighthood
is
worthily
reckoned
to
be
honoris
species
exercitium
nobile
&
proprium
nobilium
,
a
degree
or
part
of
honor
,
a
noble
exercise
,
and
proper
breeding
for
Nobility
,
hinc
militum
nomen
in
Jure
feudali
pro
nobili
usurpatur
,
and
thence
a
Knight
was
in
the
feudal
Laws
taken
and
used
for
a
Nobleman
,
and
though
Hector
Boethius
calleth
equites
Barons
,
[
](A54695-e29610-b)(e)
(e)
Hector
Boethius
,
Hist.
Scot.
lib.
11.
speaking
of
those
that
paid
for
Wardship
and
releifs
to
Malcolme
the
King
of
Scots
,
yet
Sir
Henry
Spelman
is
cleerly
of
opinion
,
[
](A54695-e29650-b)(f)
(f)
Spelmans
Glossar
.
85.
that
Miles
quem
ea
tempestate
Baronem
vocabant
non
a
militari
cingulo
quo
equites
creabantur
sed
a
militari
feudo
quo
al●●s
possessor
&
libere
tenens
nuncupatus
est
nomen
sumpsit
that
a
Knight
,
which
in
those
●imes
they
called
a
Baron
,
was
not
so
called
from
the
Military
Belt
or
Girdle
by
which
they
were
created
,
but
took
his
title
or
denomination
from
the
Knights
Fee
,
of
which
he
was
otherwise
ca●led
Possessor
,
or
free
Tenant
,
had
jus
Annulorum
amongst
the
Romans
a
right
to
wear
Rings
,
and
was
gradus
ad
Senatorium
,
a
step
or
means
to
be
a
Senator
.
For
Nobilium
Ordo
pro
seminario
munerum
praecipuorum
habetur
,
quia
liberaliter
educati
sapientiores
esse
censentur
saith
Besoldus
the
degree
of
Nobilitie
hath
been
accompted
to
be
the
foundation
or
original
of
the
greatest
Offices
or
places
,
for
that
being
liberally
and
more
then
ordinaryly
educated
,
they
were
judged
to
be
the
wisest
,
and
therefore
Comites
or
Earls
being
antiently
in
the
reign
of
the
Emperour
Charlemain
,
(
which
was
in
anno
Christi
,
806.
)
if
not
long
before
,
praefecti
Provinciarum
,
&
qui
Provincias
,
Administrabant
,
the
Governours
of
Countries
,
and
Provinces
under
their
Emperours
and
Kings
,
were
with
Dukes
also
and
Barons
not
only
in
France
,
in
those
times
,
but
in
Germany
also
,
afterwards
inserted
or
put
into
the
Matricula
,
[
](A54695-e29810-b)(g)
(g)
Besoldus
de
Comitibus
&
Baronibus
Imperij
.
Germani
117.
or
Roll
of
the
States
of
the
Empire
,
&
in
Comitijs
jus
suffragij
habuerunt
,
and
had
voice
or
judicature
in
their
Dyets
,
or
greatest
Assemblies
,
which
corresponds
with
that
more
antient
Custom
amongst
the
Hebrewes
,
[
](A54695-e29860-b)(h)
(h)
Num.
11.
Joshua
23.
Jeremiah
26.
in
Gods
once
peculiar
Commonwealth
,
where
the
Princes
of
the
twelve
Tribes
,
summo
Magistratui
in
consilijs
assidebant
,
did
assist
the
chief
Magistrate
in
their
great
Counsels
and
Arumaeus
as
well
as
many
other
,
is
of
opinion
that
it
was
libertatis
pars
,
a
great
part
of
the
peoples
Liberties
,
&
fo●
their
good
,
that
deliberatio
o●dinum
consili●
&
authoritate
quorum
periculo
,
[
](A54695-e29920-b)(i)
(i)
Arumaeus
de
Comitiis
7.
res
agitur
suscipitur
&
qui
apud
Principem
in
m●gna
g●●cia
su●●
,
in
those
great
Counsels
Resolves
should
be
made
by
those
who
should
be
in●●ressed
,
or
pertakers
in
any
dangers
or
misfortunes
,
which
should
happen
thereupon
[
](A54695-e29950-b)(k)
(k)
Arumaeus
de
Comitijs
223.
&
jure
Comitiorum
una
&
perpetua
privativa
est
mediata
subjectio
qua
qui
infectus
est
nec
Comitiorum
particeps
esse
potest
.
That
it
is
a
Rule
or
Law
in
such
Assemblies
,
that
those
that
sit
there
,
or
have
voice
and
suffrage
in
it
,
are
to
hold
immediately
of
the
Empire
,
and
the
Reasons
of
the
first
Institution
of
the
Parliament
of
France
,
composed
of
the
Nobility
by
the
antient
Kings
of
France
,
and
King
Pepin
was
as
Pasquier
,
that
learned
Advocate
of
France
,
observeth
in
partem
solicitudinis
,
to
assist
their
Kings
,
for
the
better
management
of
the
Affairs
of
Government
,
who
did
thereby
communicate
les
Affaires
publiques
a
leurs
premiers
et
grandes
seigneurs
come
si
avec
la
monarchie
ils
eussent
voulu
entre
mesler
l'ordre
d'vne
Aristocratie
et
Governement
de
plusi●urs
personnages
d'honne●r
,
[
](A54695-e30060-b)(l)
(l)
Pasquier
des
Recherches
de
la
France
liure
2.72
.
&
7●
.
the
publique
affairs
to
their
chief
and
greatest
Lords
,
to
the
end
,
to
intermingle
,
and
blend
with
Monarchy
,
the
order
and
manner
of
an
Aristocratie
,
and
Government
,
by
many
personages
of
Honour
,
et
ne
se
mettre
en
hain
des
grand●s
Seigneurs
&
Potentats
,
and
not
to
draw
upon
them
the
envy
of
their
great
and
mighty
men
,
[
](A54695-e30130-b)(m)
(m)
Pasquier
es
Reche●ches
de
la
France
livre
2.72
,
74
,
et
76.
Et
●estans
les
grands
Seigneurs
●insi
lo●s
unis
se
composa
un
corps
general
de
toutes
les
Princes
et
Governeurs
par
l'
advis
desquels
se
viudereient
non
seulement
les
differents
qui
se
presenteroient
entre
le
Roy
et
eux
mais
entre
le
Roy
et
ses
Subjects
,
And
the
great
Lords
being
so
united
,
composed
,
and
made
one
general
body
of
all
the
princes
and
Governours
of
Provinces
,
by
whose
advice
and
council
,
not
only
the
differences
which
should
happen
betwixt
the
King
and
them
,
but
between
the
King
and
his
Subjects
,
might
be
determined
,
Et
estoit
l'
usance
de
nos
anciens
Roys
telle
qu'
es
lieux
ou
la
necessite
les
sumomioit
se
uvidojent
ordinairement
les
affaires
par
assemblees
generales
des
Barons
,
and
it
was
the
usage
of
the
antient
French
Kings
in
all
cases
of
necessity
,
most
commonly
to
consult
of
their
affairs
in
the
general
Assemblies
of
their
Barons
,
and
accordingly
by
the
directions
of
reason
,
or
of
that
and
the
more
antient
Governments
amongst
the
Greekes
,
in
their
great
Council
of
Amphiction
,
or
of
the
Romans
in
their
Senate
,
our
Saxon
Kings
did
in
Anno
712.
which
was
almost
one
hundred
years
before
the
raign
of
the
Emperour
Charlem●in
,
call
to
their
Assemblies
,
and
great
Councels
for
the
enacting
of
Laws
,
[
](A54695-e30250-b)(n)
(n)
Lambard
d●
Prisc●s
Anglerum
legibus
.
and
redressing
of
Griveances
,
their
regni
Scientissimos
et
Aldermannos
Aldermen
,
Earls
,
or
Governours
of
Provinces
&
the
wisest
&
most
knowing
of
the
Kingdome
,
&
there●ore
after
the
Conquest
,
King
John
did
at
the
request
of
the
Barons
,
not
to
call
to
his
Parliaments
the
Barones
minores
,
the
men
of
lesser
estates
,
which
ho●d
also
in
Capite
,
promise
under
his
great
Seal
,
Ut
Archiepiscopos
,
Abbares
,
Comites
et
majores
Barones
Angliae
sigillatem
per
literas
summoniri
faceret
,
that
he
would
severally
summon
to
Parliaments
the
Arch-Bishops
,
Abbotts
,
Earls
,
and
greater
Barons
of
England
,
and
that
the
lesser
Barons
were
summoned
or
sat
in
Parliament
,
falsum
esse
ipsa
ratio
suadet
,
saith
the
no
less
Judicious
than
Learned
Sr.
Henry
Spelman
,
[
](A54695-e30360-b)(o)
(o)
Sr.
Henry
Spelmans
glossar
in
diatriba
de
Baronibus
79
,
et●0
●0
.
reason
it self
will
not
allow
for
a
Truth
,
when
as
there
was
as
he
observeth
ingens
multitudo
,
a
great
number
,
et
plus
minus
30000
quos
nullo
tecto
convocari
poterat
,
and
no
less
then
30000
which
no
one
house
was
able
to
contain
,
Quemadmodum
itaque
saith
he
nequ●
Barones
ipsi
consiliavè
majores
neque
minores
quempiam
in
Curiis
suis
ad
Judicia
ferenda
de
rebus
sui
Dominij
admittant
nisi
Vassallos
suos
qui
de
ipsis
immediate
tenent
hoc
est
milites
suos
et
tenentes
libere
ita
in
summa
Curia
totius
Regni
nulli
olim
ad
Judicia
,
et
Consilia
administranda
personaliter
accersendi
erant·
nisi
qui
proximi
essent
a
Rege
ipsique
arctioris
fidei
&
homagii
vinculo
conjuncti
hoc
est
immediate
vassalli
sui
;
As
therefore
neither
the
greater
nor
lesser
Barons
do
admit
any
in
their
Courts
to
advise
them
,
or
meddle
with
matters
of
Judicature
concerning
things
belonging
to
their
Estate
or
Jurisdiction
,
but
their
Tenants
,
and
such
as
hold
immediately
of
them
,
that
is
,
Freeholders
,
and
such
as
hold
by
Knight
Service
;
So
in
the
great
Court
of
all
the
Kingdome
,
none
were
antiently
personally
called
to
give
Judgement
and
adv●se
therein
,
but
such
as
were
near
to
the
King
,
and
bound
and
obliged
to
him
by
a
greater
Bond
and
Tye
of
Faith
and
Homage
,
that
is
to
say
,
his
immediate
vassals
,
Barones
nempe
cujuscunque
generis
qui
de
ipsi
tenuere
in
Capite
ut
videndum
est
in
breve
de
summonitione
(
wherein
they
are
summoned
in
fide
&
homagio
quibus
tenentur
,
in
the
Faith
and
Homage
by
which
they
held
)
&
partim
in
charta
libertatum
Regis
Johannis
,
and
Barons
of
any
kind
whatsoever
which
held
of
him
in
Capite
,
as
may
appear
by
the
Writs
of
Summons
to
Parliament
,
&
the
Charter
of
King
John
.
Hence
the
Barons
of
England
are
in
our
laws
said
to
be
Nati
Consiliarij
,
born
Counsellors
of
State
,
and
Baro
signifying
Capitalem
Vassallum
majorem
qui
tenetur
Principi
Homagij
vinculo
seu
potius
Baronagij
hoc
est
de
agendo
vel
essendo
Baronem
suum
quod
hominem
seu
clientem
praestantiorem
significat
,
A
Baron
who
is
a
chief
or
Capital
Vassal
,
is
bound
to
his
Prince
by
the
Bond
of
Homage
,
or
rather
Baronage
,
which
is
to
be
his
Baron
or
man
,
or
more
considerable
Clyent
,
and
makes
a
threefold
dvision
of
Barons
,
who
by
Bracton
are
called
Potentes
sub
Rege
,
great
or
mighty
men
under
the
King
,
&
Barones
hoc
est
robur
belli
,
and
Barons
,
which
is
as
much
to
say
,
as
the
strength
of
War
,
into
feudal
or
by
prescription
,
1.
Qui
a
priscis
feodalibus
Baronibus
oriundi
suam
prescriptione
tuentur
dignitatem
,
which
being
discended
from
Antient
feudal
Barons
,
do
continue
their
dignity
by
prescription
,
2.
Rescriptitios
qui
brevi
Regio
evocantur
ad
Parliamentum
,
[
](A54695-e30590-b)(p)
(p)
Spelmans
glossar
80.
which
are
called
to
Parliament
by
the
Kings
Writs
,
&
3.
Diplomaticos
,
which
are
by
Letters
Patents
and
Creation
,
and
that
Barones
isti
Feodales
nomen
&
dignitatem
suam
ratione
fundi
obtinuerunt
,
those
Feudal
Barons
doe
hold
their
dignity
by
reason
of
their
Lands
and
Tenures
,
and
that
Episcopi
suas
sortiuntur
Baronias
sola
fundorum
investitura
,
Bishops
are
Barons
,
only
by
investiture
of
their
Baronies
Lands
and
Temporalties
;
And
the
most
excellently
Learned
Mr.
Selden
,
who
was
well
known
to
be
no
stranger
to
the
old
and
most
choice
Records
and
Antiquities
of
the
Kingdome
,
doth
not
doubt
but
that
the
Bishops
and
Abbots
did
sit
in
Parliament
and
were
summoned
thither
only
as
Barons
by
their
Tenures
per
Baroniam
,
[
](A54695-e30660-b)(q)
(q)
Seldens
Epistle
to
Mr.
Vincent
concerning
his
book
against
York
.
and
in
his
Epistle
to
[
](A54695-e30690-b)(r)
(r)
47.
H.
2.
in
dors●
m.
7
&
Pat
48
H.
3.
Selden
tit
.
honor
716.
Mr.
Augustine
Vincent
concerning
his
Corrections
of
Yorkes
Catalogue
of
Nobility
doth
most
learnedly
prove
it
by
many
Instances
besides
that
in
●he
Case
of
Thomas
Becket
Arch-bishop
of
Canterbury
in
11
▪
H.
2.
and
the
claime
made
and
allowed
in
Parliament
in
11
R.
2.
by
all
the
Bishop
,
Abbots
,
and
Priors
,
of
the
Province
of
Canterbury
which
used
to
sit
in
Parliament
,
that
de
Jure
et
consuetu●ine
Regni
Angliae
,
all
Bishops
,
Abbots
,
Priors
,
and
other
Prelates
whatsoever
per
Baroniam
Domini
Regis
tenentes
,
[
](A54695-e30840-b)(s)
(s)
Stamford
lib.
3
▪
cap.
62.
holding
of
the
King
by
Barony
were
Peers
of
the
Parliament
which
agreeth
with
the
opinion
of
Stamford
that
the
B●shops
,
ne
ont
lieu
en
Parlement
eins
in
resp●ct
de
lour
possessions
annexes
a
lour
,
[
](A54695-e30870-b)(t)
(t)
Camden
Brit.
120.122
.
dignities
have
no
pla●e
in
Parliament
but
in
respect
of
their
Possessions
annexed
to
their
Dignities
,
and
that
Mr.
Camden
saith
that
divers
Abbots
and
other
spiritual
men
,
formerly
summonned
by
writ
to
Parliament
,
were
afterwards
omitted
because
they
held
not
by
Barony
,
[
](A54695-e30890-b)(u)
(u)
Seldens
t●t
.
honor
.
and
that
it
was
mentioned
and
allowed
to
be
good
Law
in
a
Parliament
of
King
E.
3.
que
toutes
les
religieuses
que
teignent
per
Barony
soient
tenus
de
vener
au
Parlement
,
that
all
the
religious
which
hold
by
Barony
are
to
be
summoned
to
Parliament
.
And
as
to
the
temporal
Barons
,
doth
besides
what
he
alleageth
of
the
Thanes
or
Barons
of
England
in
the
Saxon
times
,
that
they
held
by
personal
service
of
the
King
,
and
that
their
honorary
possessions
were
called
Taine-Lands
,
and
in
the
Norman
times
after
denoted
by
Baronies
,
and
the
eminent
and
noted
Case
of
the
Earls
of
Arundel
claiming
,
and
allowed
to
be
Earls
of
Arundel
by
reason
of
their
holding
,
or
Tenure
of
Arundel
Castle
,
and
Sir
John
Talbots
being
Lord
Lisle
ratione
Dominij
et
Manerij
de
Kingston
Lisle
doth
by
22
E.
3
,
fo.
18.48
E.
3.
fo.
30.
&
other
good
Authorityes
conclude
,
that
the
Tenure
of
a
Barony
is
the
main
&
principal
Cause
of
the
Dignity
that
130
temporal
Barons
by
Tenure
were
called
by
several
writs
to
assist
the
King
cum
equis
&
Armis
,
with
horse
and
Armes
,
and
the
spiritual
being
about
50
were
called
,
ad
habendum
servicium
suum
,
and
that
the
greatest
number
of
Barons
during
all
that
time
were
by
Tenure
,
that
the
most
part
of
the
Barons
by
Tenure
and
Writ
untill
the
middle
of
the
Raign
of
King
R.
2.
and
those
that
were
called
by
Writ
,
were
such
as
had
Baronyes
in
Possession
,
that
the
honorary
possessions
of
Earls
were
called
Honors
,
and
reckoned
as
part
of
their
Earldoms
which
were
holden
in
Capite
,
the
chief
Castle
or
seat
of
the
Earls
or
Barons
were
called
Caput
Comitatus
seu
Baroniae
,
the
head
or
chief
of
the
Earldom
or
Barony
,
and
that
in
this
sence
Comitatus
integer
is
used
for
a
whole
Earldom
in
the
grand
Charter
,
and
Bracton
and
Servicium
quarte
partis
Comitatus
for
the
fourth
part
of
an
Earldom
,
that
Hugh
de
Vere
Earl
of
Oxford
,
Magnavile
Earl
of
Essex
and
divers
other
antient
Earles
were
Cingulo
Comitatus
&
Gladio
Comitatus
cincti
girt
with
the
Girdle
or
sword
of
their
Earldoms
,
which
he
conceiveth
to
be
an
Investiture
.
All
which
may
by
the
Records
of
this
Kingdom
be
plentyfully
illustrated
by
very
many
instances
,
and
by
the
Rolls
of
the
Constables
and
Marshals
of
England
in
which
upon
the
March
of
the
Army
of
King
E.
.
1.
towards
Scotland
in
the
28
year
of
that
King
,
Humfridus
de
Bohun
,
Comes
Hereford
&
Essex
Constabularius
Angliae
recognovit
per
os
Nicho●ai
de
Segrave
Baneretti
sui
&
locum
suum
tenentis
se
acquietari
per
servitium
suum
per
Corpus
suum
in
Exercitu
presenti
Scotiae
pro
Constabularia
in
Comitatu
Hereford
,
[
](A54695-e31250-b)(w)
(w)
In
Rotuli●
Humfridi
de
Bohun
Comitis
Hereford
&
Essex
de
recognitione
servitiorum
Domini
Regis
Angliae
pro
guerrae
sua
Sc●tie
An.
28.
E.
1.
Humfry
de
Bohun
Earl
of
Hereford
and
Essex
Constable
of
England
,
declared
by
Sir
Nicholas
Segrave
his
Baneret
and
Lieutenant
,
that
he
was
to
be
acquitted
for
the
Constabulary
in
the
County
of
Hereford
(
where
it
seems
some
Manors
or
Lands
in
that
County
were
annexed
to
the
said
Office
or
held
by
grand
Serjeanty
)
by
the
Service
of
himself
in
the
Army
for
Scotland
,
I
tem
idem
Comes
recognovit
per
eundem
Nicholaum
Servitium
trium
feodorum
Militum
faciendum
in
dicto
Exercitu
pro
Comitatu
Essex
per
Dominos
Iohannem
de
Ferrariis
Henricum
de
Bohun
et
Gilbe●tum
de
Lindsey
milites
,
Also
the
said
Earl
acknowledgeth
by
the
said
Sir
Segrave●●e
●●e
Service
of
three
Knights
Fees
to
be
performed
in
the
said
Army
for
the
Earldom
of
Essex
(
which
shews
also
that
then
those
Antient
Earldoms
of
England
were
no
other
then
by
Tenure
and
Feudal
)
by
John
de
Ferrers
,
Henry
de
Bohun
,
and
Gilbert
de
Lindsey
Knights
;
And
in
the
same
Constables
Roll
and
at
the
same
time
Walter
de
Langton
Bishop
of
C●ventry
and
Li●chfield
,
recognovit
et
offert
Servitium
duorum
Feudorum
militum
pro
Baronia
sua
faciendum
per
dominos
Robertum
Peverel
,
et
Robertum
de
Watervile
,
milites
,
acknowledged
and
offered
the
service
of
two
Knights
Fees
,
to
be
performed
for
his
Baronie
,
by
Sir
Robert
Peverel
,
and
Sir
Robert
Watervile
Knights
,
&
Mr.
Selden
is
a●so
of
opinion
that
to
hold
of
the
King
in
Capite
,
&
to
have
Possessions
as
a
Barony
,
&
to
be
a
Baron
and
sit
with
the
rest
of
the
Barons
in
Parliament
,
are
according
to
the
Laws
of
those
Times
Synonimies
.
And
upon
this
and
no
other
ground
or
foundation
is
built
that
as
noble
and
illustrious
as
it
is
antient
Pairage
of
the
12
pairs
of
France
,
all
of
whom
even
the
Earldom
of
Flanders
now
in
the
hands
of
the
King
of
Spain
do
hold
in
Capite
or
Soveraignty
of
the
French
King
,
and
that
great
and
eminent
Electoral
Colledge
in
Germany
and
the
mighty
▪
Princes
thereof
are
no
other
than
Tenants
in
Capite
and
holding
their
vast
Terrytories
of
the
Empire
by
grand
Serjeanry
,
and
have
feuda
antiqua
concessa
&
acquisita
generi
&
familiae
connexam
habentes
Principatibus
et
Territoriis
suis
dignitatem
Electoralem
,
and
have
an
antient
Fee
(
or
Territory
)
granted
and
acquired
to
their
Issue
and
Family
,
[
](A54695-e31600-b)(x)
(x)
Rusdorff
.
vindiciae
causae
Pala●inae
,
34.
and
a
dignity
Electoral
annexed
to
their
Principalityes
and
Territoryes
.
And
it
cannot
with
any
reason
or
Authority
be
said
or
beleived
that
the
late
Charles
King
of
Sweden
could
by
the
Treaty
or
Pacification
at
Munster
have
been
made
a
Prince
of
the
Empire
,
or
have
had
place
or
voice
in
their
Diets
,
if
he
had
not
had
the
Bishopprick
of
Breme
and
other
Lands
and
Provinces
as
Fiefs
of
the
Empire
in
his
Possession
,
to
have
made
him
a
member
thereof
,
and
that
the
Prince
Elector
Palatine
who
by
reason
of
that
Territory
justly
claimeth
the
Vicariat
of
the
Empire
,
had
never
been
made
the
eighth
Elector
if
he
had
not
had
part
of
the
Palatinate
which
he
now
enjoys
.
For
certainly
if
the
care
and
wisdom
of
our
Progenitors
or
Ancestors
,
could
not
think
it
fitting
to
compose
that
high
Court
of
Judicature
of
Strangers
,
or
grant
them
an
Inheritance
in
it
,
which
had
no
Lands
or
Possessions
(
to
make
them
a
concernment
,
and
to
be
more
careful
of
the
good
of
the
Kingdom
)
as
Oliver
or
Dick
of
the
Addresses
would
have
done
their
Mungrel
Scotch
,
that
had
no
Lands
at
all
in
England
,
but
a
stock
of
Knavery
,
but
would
rather
bring
in
such
as
had
the
best
Estates
,
and
holden
by
the
most
noble
and
serviceable
Tenures
,
in
order
to
the
defence
of
their
King
,
and
Country
,
and
were
the
most
honourable
,
wise
,
and
understanding
,
then
such
as
had
been
Servants
,
or
of
a
low
extraction
&
race
of
mankind
,
&
by
their
folly
and
whimsies
had
not
long
agoe
tossed
and
tumbled
about
poor
England
like
a
Foot-Ball
,
which
may
call
to
our
remembrance
that
opinion
or
a
lage
of
the
Antients
,
that
Jupiter
subd●xit
servis
dimidium
mentis
,
that
God
would
not
allow
●ervants
or
men
litle
better
,
or
rudely
and
ignorantly
educated
,
any
more
then
to
be
half
witted
,
some
of
our
late
Levellers
at
the
same
time
making
a
difference
betwixt
the
antient
great
Estates
,
of
the
Peers
and
Barons
of
England
,
and
that
lesser
which
they
now
enjoy
to
be
an
objection
against
the
House
of
Peers
,
in
Parliament
,
for
that
now
as
they
mistakenly
surmised
they
could
not
as
formerly
be
a
banck
or
ballance
betwixt
the
King
and
the
people
.
And
howsoever
that
the
temporal
Barons
as
well
those
which
were
since
the
middle
of
the
reign
o●
R.
2.
created
by
Patent
to
be
unum
Baronum
Angliae
,
as
in
Sir
John
Beauchamps
Patent
to
be
Baron
of
Holt
,
or
as
many
later
to
have
lo●um
,
vo●em
,
et
sedem
,
in
Parliamento
,
to
have
voice
and
place
in
the
Parliament
,
as
those
that
hold
per
Baroniam
,
and
that
those
that
hold
per
Baroniam
,
and
were
Barons
by
Tenure
,
do
not
come
to
Parliament
but
when
they
are
summoned
by
the
Kings
Writ
,
(
as
the
Bishops
also
do
not
)
and
as
in
the
Earl
of
Bristols
Case
was
adjudged
in
the
late
Kings
time
,
are
to
have
their
Writs
of
Summons
ex
debito
justitiae
,
as
of
right
due
unto
them
,
yet
a
first
,
second
,
or
third
Summons
,
which
is
only
and
properly
to
give
notice
when
and
where
the
Parliament
beginneth
cannot
as
Mr.
William
Prynne
hath
learnedly
proved
,
[
](A54695-e31920-b)(y)
(y)
Mr.
Pryn
▪
Plea
for
the
House
of
Peers
.
any
way
make
or
intitle
any
man
which
shall
be
so
summoned
to
be
a
Peer
or
Baron
,
that
is
not
a
Baron
by
prescription
,
or
was
not
created
,
nor
doth
that
Clause
in
the
Patents
of
Creation
,
doe
or
operate
any
more
then
that
such
new
created
Barons
,
who
are
also
Tenants
in
Capite
,
and
as
all
the
other
Barons
doe
ought
to
do
their
Homage
,
shall
be
one
of
the
Barons
in
Parliament
,
&
have
voyce
and
place
there
,
deny
that
they
that
sit
there
by
Tenure
and
per
Baroniam
,
doe
not
sit
there
and
enjoy
their
Honors
and
Dignities
as
Tenants
in
Capite
,
and
per
Baroniam
,
or
that
those
that
come
in
by
patent
amongst
them
,
doe
enjoy
their
places
as
incorporated
and
admitted
amongst
them
,
and
not
as
Tenants
in
Capite
,
and
being
added
to
them
,
do
help
to
continue
the
Society
or
Court
,
though
they
be
not
of
one
and
the
same
Original
or
Constitution
,
as
Preb●nd
added
●o
a
Cathedral
Church
,
may
make
them
to
be
of
the
old
Constitution
,
but
takes
it
not
away
,
and
as
the
grant
of
King
H.
8.
to
the
Abbot
of
Tavestock
,
quod
sit
unus
de
Spiritualibus
et
Religiosis
dominis
Parliamenti
,
could
not
have
altered
his
former
and
better
condition
if
he
had
held
any
Lands
per
Baroniam
;
And
though
the
Creations
by
Patents
,
may
well
enough
sustain
the
priviledges
of
those
that
sit
and
were
introduced
by
it
,
yet
the
greater
number
,
or
as
many
of
the
Earls
and
Barons
as
hold
per
Baroniam
,
such
as
the
Earls
of
Arundel
and
Oxford
,
Lords
Berkley
,
Mowbray
,
Abergaveny
,
Fitz
walter
,
Audley
,
De
la
ware
,
and
that
great
number
which
were
before
R.
2.
and
were
not
created
by
letters
Patents
,
and
had
not
the
Clause
of
locum
vocem
et
sedem
in
Parliamento
,
will
lose
their
Peerage
,
and
right
of
sitting
in
Parliament
,
if
the
other
doe
not
when
as
their
Patents
giving
them
,
sedem
vocem
et
locum
in
Parliamento
,
doe
but
entitle
them
to
be
of
that
House
whereof
the
other
Earls
and
Barons
were
,
and
to
be
but
as
the
former
Barons
were
which
hold
per
Baroniam
,
and
in
Capite
;
As
if
a
Lord
of
a
Mannor
could
create
a
man
to
be
one
of
his
Coppy-holders
,
he
should
be
no
otherwise
then
as
a
Coppy-holder
of
that
Mannor
,
and
those
Patent
Lords
doe
by
their
Patents
hold
their
Honor
and
Dignities
in
Capite
,
though
it
be
not
expressed
in
their
Pa●ents
,
and
should
pay
as
great
a
Releif
as
the
other
Earls
and
Barons
doe
by
Tenure
,
for
no
man
can
sit
there
but
as
a
Tenant
in
Capite
,
and
acknowledging
his
Soveraign
,
unless
a
Coordination
should
be
supposed
and
that
dangerous
Doctrine
again
incouraged
,
nor
can
these
by
Creation
sit
if
the
House
should
be
dissolved
,
by
the
change
of
the
others
Tenures
,
for
that
they
were
but
Adjuncts
and
Associates
of
them
.
Which
was
so
well
understood
by
Sir
Edw.
Coke
to
be
a
shaking
,
if
not
an
over-turning
of
the
foundation
of
that
high
and
most
honourable
Court
,
or
Judicatorie
,
as
in
the
Parliament
of
the
18
●h
.
year
of
King
James
,
in
the
proposition
which
was
then
on
foot
to
change
the
Tenures
in
Capite
and
by
Knight
service
,
into
free
and
common
Socage
,
[
](A54695-e32210-b)(z)
(z)
Coke
4
●h
.
Part
Iu●●●tutes
●it
Court
of
Wards
.
he
and
some
of
the
old
Parliament
men
advised
a
Proviso
to
be
inserted
in
that
intended
Act
of
Parliament
,
that
the
Bishops
notwithstanding
that
their
Baronies
should
be
holden
in
Socage
,
should
continue
Lords
of
Parliament
,
and
in
our
late
times
in
that
great
inundation
of
mistaken
Liberty
,
when
the
outrage
of
the
vulgar
and
common
people
,
greedily
pursued
the
dictates
of
their
ignorance
and
fancie
,
and
that
after
the
House
of
Lords
had
been
shut
up
,
and
voted
to
be
uselesse
and
dangerous
,
the
persons
of
the
Barons
of
England
,
which
the
Law
,
and
the
reasonable
and
antient
,
as
well
as
modern
Customes
of
England
,
did
never
allow
to
be
arrested
,
were
arrested
and
haled
to
Prison
.
In
the
seeking
a
remedy
wherof
some
of
the
Baronage
pleading
their
Priviledge
,
it
was
in
Easter
Term
,
Cremer
versus
Burnet
in
Banco
Regis
Pas.
1650.
1650.
in
the
Kings
or
upper
Bench
,
in
the
argument
of
the
Countess
of
Rivers
Case
,
argued
,
and
urged
that
all
Tenures
as
well
as
the
House
of
Lords
were
taken
away
,
so
that
the
Court
holding
that
the
Priviledge
was
not
allowable
,
for
that
she
never
had
reference
to
the
Parliament
,
or
to
do
any
publique
service
the
Cause
was
adjourned
.
Wherefore
seeing
that
the
custom
of
a
Court
is
the
Law
of
a
Court
,
and
the
interrupton
of
a
Custom
,
[
](A54695-e32360-b)(b)
(b)
Coke
9.
report
Abbot
de
s●●ata
Marcellas
case
.
Prescription
,
or
Franchise
,
very
dangerous
,
and
Cessante
causa
tollitur
effectus
,
the
cause
or
foundation
taken
away
,
the
effect
or
building
faileth
,
that
a
Lord
of
a
Mannor
is
not
able
to
create
a
Mannor
,
or
make
a
Lease-holder
,
or
Tenant
of
one
Mannor
,
to
enjoy
the
same
priviledges
which
he
did
formerly
,
&
be
incorporate
&
a
Tenant
in
another
Mannor
,
a
House
with
a
Common
Appendent
,
or
which
was
before
belonging
unto
it
,
once
pulled
down
,
though
built
up
again
,
looseth
its
Common
and
Prescription
,
or
if
a
Coppy-hold
estate
come
to
the
Lord
by
Forfeiture
,
[
](A54695-e32390-b)(c)
(c)
Coke
4
Rep.
31.
Escheat
,
or
otherwise
,
if
he
make
a
Lease
,
or
otherwise
,
it
is
no
more
grantable
by
Copy
of
Court
Roll
,
or
make
a
Feoffment
upon
condition
,
and
after
enter
for
the
Condition
broken
,
it
shall
not
be
regranted
by
Copy
.
[
](A54695-e32410-b)(d)
(d)
Coke
6.
Reports
Higgens
Case
.
And
if
a
man
hath
libertyes
by
Prescription
,
&
take
letters
Patents
of
them
,
the
matter
of
the
Record
drowns
or
takes
away
the
prescription
as
was
held
in
33
H.
8.
tit
.
precription
Br.
102.
&c.
Or
if
as
in
the
Acts
of
Parliament
for
the
dissolution
of
the
Monasteries
,
the
King
shall
be
before
the
Tenures
be
ordained
to
be
in
free
and
common
Soccage
,
made
or
derived
to
be
in
the
actual
Se●sin
and
Possession
of
all
the
Lands
.
There
will
be
cause
and
reason
enough
to
make
a
stand
or
a
pause
,
and
inquire
further
into
it
.
For
if
the
subversion
of
Tenures
in
Capite
,
and
by
Knight
Service
,
will
not
totally
,
or
at
once
,
ruine
and
dissolve
the
House
of
Peers
in
Parliament
,
or
put
upon
it
a
new
constitution
,
it
will
not
be
good
certainly
to
leave
that
House
,
and
most
high
and
Honourable
Court
,
and
all
its
just
Rights
and
Privileges
,
which
hath
already
so
much
suffered
by
the
Assaults
and
Batteries
of
Faction
and
vulgar
Frenzies
,
to
an
after
question
of
moote
point
,
whether
or
no
it
be
not
dissolved
or
put
upon
a
new
Foundation
.
And
must
needs
be
very
dangerous
,
when
as
one
of
the
three
Estates
under
the
King
(
which
is
Supream
and
not
Coordinate
)
viz.
the
Bishops
,
and
Lords
Spiritual
being
lopt
off
,
the
second
which
is
the
Lords
Temporal
,
shall
be
but
either
suspected
,
or
doubted
to
have
a
being
,
and
the
third
which
is
the
House
of
Commons
,
shall
up●●
the
next
advantage
,
or
distemper
of
that
pa●●y
which
lately
gained
so
much
by
●
supposing
it
to
be
the
Soveraign
,
b●●ancied
●o
be
above
both
it
and
the
King
,
who
as
the
head
is
above
them
both
,
and
too
much
gratifie
that
late
illegal
and
unwa●rentable
opinion
,
and
practice
of
the
Soveraignty
of
the
House
of
Commons
in
Parliament
,
or
that
they
alone
are
the
Parliament
of
England
.
Destroy
the
hopes
and
rights
of
the
Bishops
,
being
the
third
Estate
in
Parliament
,
of
ever
being
restored
or
admitted
again
into
it
,
from
which
after
a
force
and
a
protesta●ion
solemnly
made
against
it
,
&
twelve
of
them
imprisoned
for
making
of
it
,
they
were
by
an
Act
of
Parliament
in
an
.
17.
Car.
Regis
primi
,
prohibiting
them
as
well
as
all
other
Clergy
men
to
intermeddle
in
any
temporal
affairs
or
proceedings
,
excluded
the
House
,
had
all
their
Estates
afterwards
by
an
Ordinance
of
the
Lords
and
Commons
without
being
cited
or
heard
,
and
without
the
Kings
consent
,
and
after
his
going
from
the
Parliament
,
and
in
the
midst
of
a
War
,
and
Hostilities
betwixt
them
,
confiscated
and
taken
from
them
,
&
by
the
taking
away
of
Tenures
per
Baroniam
,
being
the
only
cause
and
reason
of
their
sitting
there
,
and
constituting
them
a
third
Estate
,
will
now
after
his
Majesties
happy
restoration
,
when
the
waves
and
rage
of
the
people
are
so
calmed
and
ceased
,
as
the
Halcyon
is
preparing
to
build
her
nest
,
be
more
then
ever
made
to
be
altogether
impossible
.
Hinder
and
restrain
our
Princes
from
recovery
of
Foreign
Rights
,
a
necessary
inlarging
their
Dominions
,
making
an
offensive
War
,
or
pursuing
a
flying
or
like
to
be
recruited
Enemy
,
which
in
keeping
a
Kingdom
in
peace
and
plenty
,
or
maintaining
the
Commerce
thereof
,
will
be
according
to
the
rules
of
policy
and
good
Government
,
as
necessary
as
that
of
Davids
revenging
upon
the
Ammonites
,
the
affronts
done
to
his
Embassadors
,
the
Wars
of
our
Edward
the
third
,
or
H.
5.
in
France
,
of
the
great
Gustavus
King
of
Sweden
in
Germany
,
or
the
now
King
of
Denmarks
,
and
Marquesse
of
Brandenburghes
,
Wars
upon
Charles
late
King
of
Sweden
.
And
when
any
of
those
occasions
or
necessities
shall
offer
themselves
,
or
inforce
a
forinsecum
serviciu●
,
or
service
in
foreign
wars
,
shall
have
none
but
Auxiliaries
&
Hirelings
to
go
along
with
them
,
when
as
several
Acts
of
Parliament
do
prohibit
the
enforcing
Hoblers
,
which
were
a
kind
of
light
horsemen
,
Archers
,
Trained
Bands
,
and
common
Souldiers
,
to
go
out
of
their
Countries
,
unlesse
it
be
in
cases
of
necessity
,
which
the
common
people
know
not
how
to
judge
of
,
and
the
little
Parliament
so
called
in
the
beginning
of
the
year
1640.
upon
the
invasion
of
an
Army
of
●acti●us
Scots
,
and
a
letter
produced
by
the
King
that
they
had
written
for
aid
to
the
French
K●ng
,
did
not
rightly
apprehend
,
for
it
is
not
to
be
doubted
,
but
that
the
cheerful
and
ready
aids
upon
all
occasions
given
to
the
Kings
of
England
by
the
Tenants
in
Capit●
,
and
Knight
Service
,
and
the
Nobility
and
Gentry
,
and
their
Tenants
Friend●
,
and
Followers
,
taking
Arms
,
and
fo●lowing
the
Royal
Standard
,
was
a
great
cause
●f
their
Conquests
in
France
,
and
Warlike
atchivement
in
that
and
other
parts
of
the
World
,
often
beating
back
the
incursions
of
the
Scotch
and
Welch
,
and
de●ending
the
borders
.
The
taking
away
of
th●
Knights
Fees
or
Tenures
by
Knight
Service
from
the
Nobility
and
Gentry
without
any
Recompence
,
if
they
would
be
content
to
part
with
them
or
to
accept
it
.
Will
be
an
Act
of
great
Injustice
,
Regula
quippe
feudalis
et
firma
est
quod
Dominus
nec
in
totum
nec
pro
parte
minuere
adimereve
Jus
vassallo
quesitum
possit
sine
culpa
eoque
non
convicto
,
[
](A54695-e32970-b)(e)
(e)
Rusdor●f
P●l●tinae●85·
●85·
for
it
is
a
fixed
and
constant
Rule
in
the
Feudal
Law
,
That
the
Lord
cannot
neither
in
the
whole
nor
in
part
without
a
forfeiture
or
conviction
of
his
Tenant
,
diminish
or
take
away
the
Vassals
Right
,
and
it
would
be
against
Right
,
Reason
,
and
Equity
not
to
give
a
Recompence
in
Ca●se
of
pulling
down
or
fireing
a
House
in
a
Necessity
of
War
to
prevent
an
Enemy
,
but
much
more
against
it
and
our
Magna
Charta
in
Case
of
no
Necessity
to
Sacrifice
without
a
just
Recompence
given
for
it
,
the
Estates
and
Rights
of
some
to
pacifie
the
Fears
of
others
,
and
disturb
and
incumber
the
Estates
of
all
or
a
great
many
to
free
the
Estates
of
a
few
,
which
would
be
a●
unjust
,
as
for
the
Lords
of
Mannors
to
make
By-laws
,
forbidding
the
Services
of
their
Tenants
,
and
without
any
forfeitures
or
convictions
,
grant
or
sell
away
their
Lands
or
Copy-hold
Inheritances
▪
to
Strangers
,
or
dedicate
the
Profits
thereof
to
the
publick
wherein
the
owners
or
Proprietors
shall
get
none
or
very
little
share
in
it
,
or
such
as
will
be
impreceptible
,
and
appeared
to
be
so
much
against
Law
and
Reason
,
as
when
in
the
dissolution
of
the
Abbyes
and
Monasteryes
,
the
Nobility
and
great
men
who
had
been
Founders
of
many
of
them
,
or
given
a
great
part
of
the
Lands
thereof
;
were
to
be
the
losers
of
that
which
should
have
reverted
or
come
unto
them
if
they
could
not
consist
with
the
first
Intentions
;
King
H.
8.
did
take
a
care
to
gratifie
many
of
them
with
great
quantityes
and
Portions
thereof
,
and
to
some
granted
intire
Priories
and
Nunneries
of
their
Ancestors
founding
,
as
to
John
Earl
of
Oxford
the
Priory
of
Colne
,
and
Nunery
of
Hedingham
in
Essex
and
the
like
to
many
others
which
might
be
here
remembred
The
Publique
Faith
(
which
was
wont
to
have
so
much
care
taken
of
it
when
she
borrowed
money
to
make
our
unhappy
warres
and
Contentions
)
of
so
much
of
the
Nation
as
hold
by
the
Tenures
in
Capite
and
Knight
Service
,
and
of
all
the
other
parts
of
the
people
who
by
Oaths
of
Supremacy
,
Protestations
and
Covenant
were
not
to
prejudice
the
King
,
nor
by
their
Covenant
,
any
other
in
their
Rights
and
Liberties
will
now
be
broken
,
which
when
Livy
a
Heathen
Writer
and
one
that
very
well
understood
affairs
of
State
,
upon
the
making
of
a
Law
at
Rome
to
pacify
a
mutiny
,
that
the
Prisoners
for
Debt
should
not
be
bound
or
fettered
as
the
manner
then
was
,
could
say
that
Ingens
vinculum
fidei
,
a
great
Obligation
or
Bond
of
Faith
amongst
men
was
that
day
broken
,
he
would
have
without
doubt
said
more
were
he
now
a●ive
as
to
our
breach
of
Faith
amongst
men
,
but
a
great
deal
more
(
if
he
had
been
Christian
)
as
to
God
Almighty
.
[
](A54695-e33130-b)(f)
(f)
Lindimannus
in
dedic●●
Exercitat
,
●eudi
&
Roth
usal
in
Synops
;
ad
L●ctorem
.
§.
1.
Take
away
not
only
the
Honor
,
but
the
publick
Benefits
of
those
Tenures
and
feudal
Rights
which
are
so
highly
and
justly
esteemed
in
all
other
Kingdoms
and
Principalityes
which
are
so
happy
as
to
live
under
Monarchy
the
best
of
Governments
,
as
they
can
give
them
no
other
Character
then
that
,
Jura
Regnorum
Ducatuum
Marchionatuum
adeoque
totius
Imperij
Leges
Fundamental●s
ac
nervi
quibus
Monarchiae
Romanae
cum
ipso
senescente
mundo
languescentis
lutei
pedes
colligantur
in●iis
continentur
,
[
](A54695-e33160-b)(g)
(g)
Calvin
in
〈◊〉
D●d●cator
.
Juris
prudent
▪
fudal
.
Therein
are
contained
the
Laws
and
Rights
of
Kingdoms
,
Dukedoms
,
Ma●quisates
,
the
Fundamental
Laws
of
the
Empire
,
and
the
Nerves
and
Sinews
by
which
the
Empire
,
languishing
in
the
old
age
of
the
world
hath
been
sustained
,
And
that
Feuda
Feudorumque
Jura
●●delitatem
&
●idem
publica●●
pacem
&
incolumnatem
Communis
Patriae
firmant
●irmissimum
Militiae
contra
Communes
Reipublicae
hostes
ne●vum
ac
praesidium
su●ministrat
adeoque
fulc●a
Germanico
Romani
Imperi●
〈◊〉
desiderant
,
Feuds
and
the
Rights
th●●●of
do
six
and
consolidate
the
Fidelity
,
publique
Faith
,
Peace
and
wellfare
of
the
Common-wealth
,
and
administreth
the
greatest
help
and
strength
in
war
against
the
Common
Enemy
,
and
is
worthy
to
be
called
the
Prop
of
the
German
and
Roman
Empire
.
Make
our
Nobility
and
Gentry
,
who
have
by
their
Chivalry
and
high
Attempts
by
Sea
and
Land
,
rendred
them
second
to
none
,
and
published
the
Fame
and
Glory
of
their
Actions
,
as
far
,
and
farther
than
ever
the
Roman
Eagles
flew
,
to
be
like
the
Roturiers
or
Paysants
o●
France
,
and
a
reproach
or
hissing
to
all
Natioas
,
or
like
Davids
Embassadors
,
when
the
Children
of
Ammon
had
misused
them
,
and
shaved
the
one
half
of
their
Beards
,
and
cut
off
their
Garments
in
the
middle
,
[
](A54695-e33300-b)(h)
(h)
2
Sam.
10
▪
4
,
5.
even
to
their
Buttocks
,
and
to
be
put
behind
all
but
the
Dutch
and
Switzers
,
the
former
of
which
,
do
Trade
under
Taxes
,
&
Excise
&
the
latter
are
but
the
Mercenaries
and
Hirelings
of
the
French
and
Spanish
Kings
in
their
Wars
and
Hostilities
,
and
ran●king
us
with
them
,
and
those
little
and
despicable
Commonwealths
of
Luca
,
and
Geneva
,
cast
us
into
the
Giddy
,
and
at
last
woeful
Presidents
and
Consequences
of
the
unquiet
headed
Argentinians
,
Lindorians
,
Citizens
of
Siena
,
Genoa
,
and
Florence
,
who
by
ruining
and
rooting
up
the
Nobility
and
Gentry
,
and
making
three
rancks
and
degrees
of
their
Citizens
,
some
great
,
some
mean
,
and
the
rest
of
the
vulgar
,
the
two
last
putting
out
the
first
,
cast
themselves
into
a
Circle
of
blood
and
misery
,
out
of
which
nothing
but
their
former
Government
was
able
to
refcue
them
.
Occasion
the
losse
and
ruine
of
purchasers
,
and
Mony-lenders
&
enlarge
their
complaints
of
double
&
treble
Feoffments
&
Mortgages
which
(
by
the
disuse
of
the
Court
of
Wards
,
and
finding
of
Offices
after
the
death
of
Tenants
in
Capite
,
and
by
Knight
Service
,
have
been
more
than
formerly
and
wherein
some
of
our
late
Reformers
were
known
more
to
have
exercised
their
wits
than
their
Consciences
)
conceal'd
,
&
Dormant
,
and
fraudulent
Assurances
carried
in
the
Pockets
of
some
to
pick
the
Pockets
of
others
,
which
by
reason
of
the
Tenures
in
Capite
,
and
finding
of
Offices
wherein
the
Evidences
being
produduced
,
and
many
Times
found
,
did
not
only
find
but
declare
what
Estate
the
deceased
was
seised
of
,
and
if
the
truth
did
not
then
appear
,
which
could
hardly
be
hid
,
when
as
the
Jury
were
commanded
by
the
Writ
of
Diem
clausit
extremum
,
to
inquir●
upon
their
Oaths
of
what
Estate
the
last
Ancestor
dyed
seised
of
,
and
that
the
vigilancy
and
cares
of
the
Feodaries
and
Escheators
who
were
also
to
be
present
to
attend
them
,
would
cause
them
to
be
the
more
careful
and
if
the
fraud
of
the
Heir
should
be
able
to
make
its
way
,
or
escape
thorough
them
,
the
Estate
found
in
the
Office
would
after
prove
to
be
an
Evidence
against
them
,
and
either
overthrow
or
perplex
the
Knavery
of
such
wicked
designs
.
The
Recompence
of
100000
l.
per
Annum
if
it
could
be
raised
without
Injustice
,
or
the
breach
of
the
Laws
of
God
,
Nature
,
and
Nations
,
and
our
oftentimes
confirmed
Magna
Charta
,
and
the
inforcing
of
19
men
in
every
20
to
bear
burdens
which
nothing
at
all
appertains
to
them
,
will
not
be
adaequate
to
the
losse
of
a
great
part
of
the
Kings
Revenue
which
did
serve
for
the
maintenance
of
his
Crown
and
Dignity
,
and
to
exempt
and
ease
the
Subjects
of
extraordinary
Taxes
and
Assessements
,
which
the
Necessity
of
Princes
for
the
good
and
Defence
of
the
Kingdom
must
otherwise
bring
upon
them
;
Nor
to
the
want
of
Tenures
in
Capite
and
by
Knight
Service
,
&
the
Services
&
Incidents
belonging
unto
them
(
being
a
certain
and
never
failing
Defence
of
himself
and
the
Kingdom
)
Castle-guard
Licence
of
Alienations
giving
him
notice
and
continuing
him
safe
in
the
Change
of
his
Tenants
(
being
so
necessary
to
Government
as
some
have
been
grievously
fined
for
alienating
their
Lands
in
Capite
without
it
)
Mariage
&
Dependancy
of
the
Heirs
which
hold
of
him
,
Livery
and
Reliefs
,
Grand
Serjeantyes
,
and
a
great
part
of
the
Honour
and
Priviledges
which
all
other
neighbour
Kings
ond
Princes
are
neither
desired
to
part
with
,
nor
can
he
perswaded
so
much
to
lessen
themselves
and
their
Regalities
.
For
gold
and
Silver
and
precious
Stones
or
any
thing
lesse
than
the
whole
Kingdom
of
England
it self
is
not
of
value
or
to
be
compared
to
the
Honour
of
a
King
,
and
the
homage
and
duty
of
his
Subjects
,
the
Gratitude
,
Faith
and
Promises
of
their
Ancestors
which
should
descend
to
them
with
the
Lands
holden
by
those
Tenures
,
whenas
Omnes
habent
Causam
a
primo
et
ex
tun●
,
non
ut
ex
nunc
,
are
bounden
to
the
Cause
which
obliged
their
first
Ancestor
and
Progenitor
,
and
are
to
consider
that
it
is
now
,
[
](A54695-e33630-b)()
()
Per
Coll●g
.
Bononiens
.
inter
Consil.
Francisci
Carti
Consilium
50.
et
Rusdorff
.
in
vindicits
causae
Palatinae
.
as
it
was
then
,
a
most
ready
means
and
help
which
did
and
doth
naturally
and
kindly
arise
for
the
Defence
of
themselves
and
the
Kingdom
,
for
as
it
is
not
the
weight
of
an
inestimable
Dyamond
or
Ruby
that
makes
either
of
them
to
be
better
than
a
Flint
or
any
other
Stone
,
but
the
lustre
,
vertue
,
and
scarcenesse
of
them
;
and
that
a
greater
poise
or
weight
of
a
man
makes
not
a
Solomon
an
Alexander
Sir-named
the
great
,
or
an
Aristotle
,
but
that
all
men
and
things
are
to
be
esteemed
according
to
the
vertues
and
Excellencyes
which
are
in
them
,
so
it
will
not
be
the
yearly
Profit
in
money
which
was
made
of
the
Wardships
primer
Seisins
,
Liveryes
,
and
Incidents
which
belong
to
those
Tenures
,
but
the
Homage
Dutie
gratitude
and
necessary
Attendance
in
War
,
not
only
of
those
that
held
immediatly
of
the
King
,
but
those
that
were
the
mediate
Tenants
,
and
came
also
with
the
immediate
,
the
grand
and
mutual
Tye
betwixt
the
King
and
his
people
and
the
Regality
,
Prerogative
,
intrinsical
,
and
true
worth
and
value
of
them
,
when
there
should
be
any
use
of
those
necessary
Defences
of
the
King
and
his
Kingdom
,
in
making
a
diversive
War
,
or
succouring
his
Friends
and
Allies
,
which
are
not
seldom
or
were
in
more
heroick
times
justly
accounted
to
be
as
Outworks
,
Ante
Murales
,
or
Bulwarks
of
the
Kingdom
,
&
that
the
Rate
which
is
now
offered
for
those
Tenures
,
are
but
like
a
Tender
,
or
Offer
to
give
the
weight
in
Gold
for
an
incomparable
,
not
to
be
got
again
and
unvaluable
Meddal
,
or
for
Aarons
Brest-Plate
,
Moses
rod
,
or
the
Scepters
of
Princes
,
if
they
could
have
been
purchased
at
all
,
and
by
weight
.
It
will
be
as
unsafe
as
unusual
to
take
money
or
Turn
into
a
Rent
that
which
in
its
first
Institution
,
and
a
happy
,
long
and
right
use
which
was
made
of
it
,
was
only
intended
for
a
defence
of
the
Kingdom
,
when
the
King
is
not
likely
to
be
any
●aver
by
it
,
and
shall
not
gain
90000
l.
per
Annum
(
his
own
Income
by
Licences
of
Alienation
deducted
)
for
the
clear
Profit
of
the
Court
of
Wards
which
the
Lord
Cottington
when
he
was
Master
of
that
Court
,
did
but
a
year
before
the
Troubles
make
as
much
by
it
,
besides
the
many
great
and
royal
Prerogatives
which
he
shall
lose
to
gain
more
mischiefs
and
Inconveniencyes
to
himself
&
his
People
,
then
at
the
present
can
be
instanced
or
numbred
.
The
giving
the
King
a
Recompence
by
an
yearly
Rate
amounting
to
one
hundred
thousand
pounds
per
Annum
to
be
charged
upon
all
mens
Lands
,
Tenements
and
Hereditaments
holden
in
Capite
,
or
Socage
by
Copy-hold
,
Leases
for
Lives
,
or
Tenants
at
Will
,
or
for
yeares
will
be
against
right
,
Reason
,
Justice
and
Equity
,
as
well
as
unwarranted
by
any
hitherto
Law
or
Custom
of
England
to
make
19
parts
of
20
(
for
so
much
if
not
more
will
probably
be
the
odds
)
that
were
not
liable
to
Wardships
,
or
any
imagined
Inconveniences
which
might
happen
thereby
,
not
only
to
bear
their
proportionable
part
of
the
general
Assessements
for
War
but
a
share
also
in
the
burden
of
others
where
it
could
never
be
laid
upon
them
and
wherein
they
,
or
the
major
part
of
them
by
more
than
two
in
three
have
no
Lands
in
Fee
simple
,
Fee
taile
,
or
by
Leases
for
100
years
or
any
longer
Term
nor
are
never
like
to
be
purchasers
of
any
Lands
at
all
and
if
they
had
mony
to
do
it
are
not
likely
to
buy
Inheritances
,
&
if
inheritances
,
not
Capite
or
Knight
Service
Lands
,
when
there
is
by
more
than
9
parts
in
10
of
Socage
or
Copy-hold
Lands
to
be
purchased
,
were
not
,
nor
are
like
to
be
in
any
danger
of
Wardships
,
or
under
any
fear
or
Apprehensions
,
of
it
and
render
the
Capite
Land
three
or
four
years
purchase
dearer
than
it
was
wont
to
be
,
and
the
Socage
Lands
three
or
four
years
purchase
the
cheaper
,
only
to
free
the
Nobility
,
Gentry
and
men
of
greatest
Riches
and
Estates
in
the
Kingdom
,
which
are
subject
to
those
small
Burdens
which
are
only
said
to
be
in
Tenures
in
Capite
and
by
Knight
Service
.
Or
if
laid
upon
the
Moyety
of
the
Excise
upon
Ale
,
Beer
,
Syder
and
Coffee
&c.
or
any
other
native
or
Inland
Commodity
will
fall
upon
those
that
have
no
Land
as
well
as
those
which
have
,
as
upon
Citizens
Mechanicks
,
Children
,
Servants
,
and
the
like
,
and
heaviest
u●on
the
poorer
sort
of
people
,
and
be
a
burden
which
the
lowly
Cobler
and
reverend
Applewomen
,
the
Botcher
and
Stockingmenders
,
in
their
pittiful
subterraneous
Tenements
,
and
the
poor
Women
which
in
the
Streets
do
cry
Fruits
and
Fish
by
a
double
retail
,
and
pay
twelve
pence
a
week
for
the
loan
of
twenty
shillings
,
and
pawn
a
Petticoat
for
security
,
the
Chimney
Sweepers
,
Brooom-men
and
Beggars
cannot
escape
.
Will
be
no
good
way
of
raising
mony
,
nor
an
Honourable
Revenue
,
and
though
it
might
become
the
Dutch
in
their
grand
necessities
of
War
where
they
have
but
few
Gentlemen
,
will
not
be
for
the
honor
of
England
,
and
the
Nobility
and
Gentry
of
England
,
to
have
their
provisions
of
War
and
Defence
arise
out
of
so
low
a
businesse
as
A●e
and
Beer
,
and
make
the
Brewers
and
Ale-house-keepers
,
to
be
as
it
were
the
Tenants
in
Capite
,
and
to
supply
the
Knight
Service
in
the
exchange
,
of
that
which
is
but
pretended
to
be
a
Greivance
for
a
most
certain
and
undeniable
greivance
,
and
for
one
Greivance
if
it
could
be
proved
to
be
one
for
a
Seminary
and
complication
of
Greivances
and
to
take
away
wardships
from
the
estates
of
1
▪
in
every
20.
of
the
people
when
they
should
happen
and
make
19
in
every
20
to
be
every
day
in
every
yeare
in
wardship
to
an
Excise
upon
a
considerable
part
of
their
dayly
Dyer
and
Sustenance
.
That
small
Sum
of
100000
l.
per
an
.
may
upon
any
discontent
of
the
people
,
by
reason
of
the
payment
of
that
Excise
,
be
Petitioned
against
or
taken
away
by
Parliament
,
or
by
some
insurrection
or
mutiny
of
the
common
people
,
which
Naples
,
and
France
,
&
this
Kingdom
,
can
tell
us
,
do
sometimes
happen
,
and
the
wisdom
of
Kings
and
Princes
do
use
to
suspect
and
provide
against
,
or
if
some
other
unlucky
difference
(
which
God
avert
)
should
happen
betwixt
the
King
and
his
people
,
may
fall
into
the
Case
or
Example
of
the
Customs
,
and
Poundage
,
and
Tonnage
,
in
the
beginning
of
the
Raign
of
his
late
Majesty
,
which
being
stopped
by
the
Parliament
,
and
declared
against
,
did
put
him
into
un●it
necessities
,
and
made
those
unhappy
controversies
and
misunderstandings
betwixt
him
and
many
of
the
shorter
Parliaments
,
which
disabled
him
from
aiding
his
Friends
and
Allyes
,
and
was
the
beginning
of
our
never
enough
to
be
lamented
national
Calamities
and
Reproaches
;
and
proved
to
be
the
ruine
and
disturbance
also
of
a
great
part
of
Christendome
.
Such
an
imposed
or
continued
excise
,
will
by
the
Arts
and
Deceipts
of
the
Brewers
and
Ale
men
,
and
those
that
gather
and
pay
it
in
the
first
place
,
be
as
all
excises
commonly
are
,
double
charged
upon
the
people
,
who
instead
of
100000
l.
per
an
.
laid
upon
their
Beer
&
Ale
,
will
by
the
abuse
which
will
be
committed
therein
,
as
to
quantity
and
quality
,
lay
and
charge
another
100000
l.
per
an
.
upon
the
people
,
and
the
Brewer
in
every
6
d.
or
12
d.
Excise
to
be
laid
upon
every
Barrel
of
six
shillings
Beer
,
will
be
sure
to
make
his
Beer
so
,
as
he
shall
get
double
,
if
not
more
than
that
Excise
amounts
unto
.
And
as
it
could
never
have
been
at
first
setled
without
the
awe
and
help
of
Garrisons
,
Troops
of
Horse
,
and
Companies
of
Foot
,
in
every
County
and
City
,
and
the
Souldiers
assistance
to
enforce
and
gather
it
from
those
that
would
not
pay
it
,
or
were
not
able
,
so
in
all
probability
,
it
will
be
now
again
never
be
brought
into
a
constant
yearly
Revenue
,
without
a
constant
&
formerly
used
way
of
keeping
a
standing
Army
at
the
charge
of
sixty
or
ninety
thousand
pounds
per
mensem
,
or
the
month
,
which
will
be
more
troublesome
and
chargeable
than
52
Escheators
,
and
as
many
Feodaries
,
who
may
be
men
of
wisdom
Integrity
,
&
good
Estates
in
their
Countries
;
for
there
will
be
a
great
difference
between
the
charge
or
yearly
Revenue
of
the
Court
of
Wards
,
which
is
made
up
of
many
small
parts
,
and
favourable
and
easy
Rents
,
Fines
and
compositions
,
quietly
gathered
and
paid
in
by
the
Justice
and
Order
of
a
Court
of
Wards
,
&
honest
and
responsable
Officers
,
and
90000
l.
per
annum
being
to
be
Collected
by
this
Excise
at
the
charge
of
as
much
for
every
month
in
the
year
,
from
the
ruder
and
most
ignorant
part
of
the
people
,
who
will
(
not
Tributorum
causam
quaerere
sed
quaeri
)
sooner
murmure
and
complain
of
Taxes
or
Tributes
,
than
rationally
enquire
into
the
causes
of
them
,
and
by
a
weeping
&
woful
Arithmeticque
of
the
poor
,
and
inferior
sort
of
people
in
every
County
be
reckoned
to
be
no
great
part
or
peice
of
Husbandry
to
purchase
off
90000
l.
per
annum
,
yearly
charges
to
free
those
that
held
in
Capite
,
at
the
rate
of
100000
l.
(
or
rather
200000
l.
per
annum
,
)
which
is
to
be
paid
out
of
the
Excise
,
and
pay
90000
l.
per
mensem
,
or
60.
or
30000
l.
per
mensem
besides
for
collecting
of
it
,
besides
the
free
quarterings
,
and
other
insolencies
of
the
common
Souldiers
.
And
by
making
that
part
of
the
Excise
perpetual
give
the
people
to
understand
that
the
next
occasion
given
or
made
,
may
introduce
a
perpetuity
of
Excise
upon
all
other
things
,
which
to
have
been
introduced
,
but
upon
a
temporary
and
not
like
to
be
long
lasting
necessity
,
would
before
Olivers
Sadle
had
been
put
upon
the
peoples
backs
,
have
put
them
into
multitudes
of
Complaints
;
And
in
the
Raign
of
King
James
,
and
that
of
our
late
blessed
Martir
King
Charles
,
before
he
was
driven
from
his
Throne
,
would
have
been
but
only
in
the
advising
of
it
more
Capital
and
offensive
,
than
that
which
was
charged
upon
the
late
Earl
of
Strafford
,
and
made
more
in
one
single
fault
or
crime
,
than
all
the
accumulations
of
Crimes
against
him
could
arrive
unto
,
and
was
so
dreadful
to
this
Nation
,
and
before
hand
hated
,
as
they
were
afraid
of
every
thing
that
tended
that
way
;
So
as
in
a
Parliament
in
the
Raign
of
King
James
,
some
of
the
House
of
Commons
having
been
informed
that
the
King
had
imployed
a
Gentleman
into
Holland
to
inquire
concerning
the
manner
&
manage
of
their
Excise
(
which
as
afterwards
appeared
upon
examination
,
was
but
for
curiosity
and
learning
sake
)
were
so
troubled
at
it
,
as
the
Gentleman
hardly
escaped
a
vote
,
whether
he
should
not
be
most
severely
punished
.
And
whether
Excise
or
not
Excise
,
will
if
those
Tenures
in
Capite
,
and
by
Knight
Service
,
which
have
hitherto
been
as
the
Life
and
Land-guards
of
the
King
and
his
people
should
be
taken
away
,
some
other
wayes
of
means
are
to
be
found
out
to
supply
it
,
for
the
people
being
sworn
by
their
Oaths
of
Allegiance
and
Supremacy
,
to
assist
and
defend
the
King
and
all
his
Rights
and
Jurisdictions
,
if
they
would
not
defend
him
,
and
take
a
care
of
those
Oaths
,
will
likely
be
willing
enough
to
defend
themselves
in
defending
him
;
Or
if
they
should
not
,
their
Representatives
in
Parliament
,
would
as
they
have
for
this
twenty
years
last
past
,
not
only
assesse
them
,
but
make
them
find
Men
,
Horses
and
Arms
,
for
the
defence
of
the
Kingdom
,
which
hath
hitherto
been
a
costly
Knight
Service
,
and
so
far
exceeding
forty
days
Service
at
their
own
charges
,
as
they
have
besides
the
outrages
,
free
quarterings
,
and
plunder
of
Souldiers
,
and
losse
of
their
debts
by
the
ruine
and
death
of
their
Debtors
,
born
the
trouble
of
forty
Six
moneths
continual
Assessements
far
exceeding
the
Escuage
and
all
the
Taxes
in
600
years
before
laid
upon
our
Fore-Fathers
,
and
the
question
will
then
be
of
no
great
difficulty
,
whether
will
be
the
better
,
the
old
way
or
the
new
?
And
when
the
King
shall
be
as
he
ought
to
be
the
Judge
of
dangers
or
necessities
,
and
want
the
Assistance
of
his
Subjects
,
and
it
cannot
when
the
Tenures
in
Capite
and
by
Knight
Service
shall
be
taken
away
,
be
pretended
,
as
it
was
in
the
Case
of
the
Ship-money
that
his
Tenures
and
Wardships
,
were
to
defend
him
and
the
Kingdom
in
cases
of
danger
and
invasion
,
untill
a
Parliamens
could
be
Assembled
.
Or
shall
as
his
late
Royal
Father
was
in
the
later
end
of
the
year
1642.
when
the
long
shut
up
Janus
Temple
had
by
the
Salij
or
Priests
of
Mars
been
against
his
will
broken
open
,
and
the
miseries
or
troubles
of
War
overwhelmed
him
and
his
loyal
people
,
and
the
Plowers
made
Furrowes
upon
his
back
,
being
hindred
from
putting
his
Commissions
of
Array
in
Execution
,
be
told
by
the
Parliaments
Declaration
,
that
his
Tenures
in
Capite
,
and
their
incidents
,
(
and
not
his
Commission
of
Array
,
)
were
the
allowed
and
ordinary
means
for
his
defence
,
until
more
could
be
obtained
from
the
Parliament
,
and
shall
have
no
military
Tenures
but
only
100000
l.
per
annum
,
or
if
that
should
fa●l
him
.
Or
he
shall
need
to
transport
an
Army
into
an
Enemies
Country
,
to
keep
off
,
or
hinder
an
Invasion
,
succour
or
back
his
Allies
,
whilst
they
imbroil
or
weaken
his
common
enemies
,
shall
be
told
that
he
may
not
impresse
any
men
or
Souldiers
,
to
go
out
of
their
Countries
,
unlesse
he
can
do
it
by
order
of
Parliament
,
or
perswade
them
that
there
is
a
great
necessity
.
Whether
he
will
not
when
the
people
shall
cry
unto
him
as
the
woman
that
had
in
the
siege
of
Samaria
,
boyled
her
Child
&
eat
of
it
,
Help
my
Lord
O
King
,
shall
not
be
able
to
doe
any
more
,
then
answer
,
as
he
did
,
Whence
shall
I
help
thee
,
2
Reg
,
6.26
,
27.
And
finds
himself
as
his
noble
Progenitor
King
Ed.
the
3.
publiquely
declared
in
a
Writ
of
Error
,
wherein
Blanch
,
the
Wife
of
Thomas
Wake
,
of
Lidal
,
was
Complainant
that
he
was
Ratione
dignitatis
in
exhibitione
justitiae
quibuscunque
de
regno
debitor
&
ad
statut●
Progenitorum
facta
,
[
](A54695-e34770-b)(i)
(i)
29.
E.
3.
Coram
Rege
.
observanda
vinculo
juramenti
astrictus
,
by
reason
of
his
Kingly
dignity
,
a
Debtor
to
every
one
of
his
Kingdom
,
in
the
doing
of
Justice
,
and
bound
by
his
oath
to
observe
the
Laws
of
his
Progenitors
,
in
the
care
of
himself
and
his
people
,
whom
he
is
by
his
Coronation
Oath
bound
to
defend
and
protect
,
and
of
the
Salus
Populi
,
ne
quid
detrimenti
Respublica
capiat
,
for
the
safety
of
his
People
,
and
to
the
end
that
the
Commonwealth
may
receive
no
damage
,
be
inforced
as
it
were
to
raise
and
keep
a
standing
Army
always
,
in
readinesse
with
Garrisons
,
to
protect
both
himself
and
his
people
.
And
then
it
may
be
easily
experimented
whether
is
the
better
,
to
have
some
that
ought
to
bear
the
charges
and
burdens
of
their
Tenures
,
if
they
will
enjoy
their
Lands
,
or
to
have
the
whole
Nation
groan
and
lament
under
the
burden
of
maintaining
a
standing
Army
and
Garrisons
,
by
publique
Assessements
,
or
to
have
the
Nobility
and
Gentry
of
England
,
and
five
or
ten
thousand
men
,
and
all
those
that
hold
of
them
,
to
attend
them
,
and
be
always
in
readinesse
by
the
obligation
of
their
Tenures
,
without
any
charge
to
the
publique
,
or
thirty
thousand
unruly
Souldiers
to
be
yearly
or
for
ever
maintained
at
the
charge
of
the
People
.
An
instance
whereof
we
need
not
go
further
to
look
for
,
then
in
Holland
and
Zeland
,
whenas
the
Emperour
Charles
the
fifth
,
liveing
out
of
the
Country
and
Governing
them
by
Regents
or
Deputies
,
&
fearing
least
that
Nation
in
re
militari
longo
usu
bellorum
exercita
,
being
by
long
experience
become
Warlike
,
and
holding
their
Lands
by
Knight
service
,
simul
ingenio
soli
quod
natura
depressum
ac
uliginosum
tum
incilibus
passim
Fossis
lac●busque
ac
paludibus
intercissum
haud
san●
faciles
invasuro
aditus
confisa
ad
turbas
ac
seditionum
praemia
converteret
,
together
with
the
nature
of
the
soyl
,
which
was
flat
and
moorish
,
and
cut
into
many
Ditches
,
Lakes
,
and
litle
Islands
,
would
not
easily
give
him
entrance
if
he
should
be
put
to
invade
them
,
or
send
Forces
to
suppress
any
rebellion
,
or
that
they
confiding
in
such
their
strengths
,
might
prove
seditious
,
and
abuse
the
benefits
and
intention
of
their
Tenures
,
[
](A54695-e34900-b)(k)
(k)
Jus●●n
.
lib
1.
did
in
a
policy
perhaps
,
such
as
Cyrus
is
said
to
make
use
against
the
Lydians
,
by
giving
way
to
their
Vices
and
Luxury
;
release
(
if
Cornelius
Neostadius
be
not
mistaken
)
to
them
some
of
their
military
services
(
for
to
this
day
the
Emperors
of
Germany
,
as
their
Countryman
the
learned
Grotius
confesseth
,
[
](A54695-e34960-b)(l)
(l)
Cornelius
Neostadius
de
●eud
success
.
apud
Hollandie
4.
doe
claim
the
benefit
of
those
antient
feudal
rights
)
ea
tamen
lege
ut
fundi
Clientelares
publicis
sunctionibus
quibus
hactenus
immunes
fuissent
in
posterum
non
secus
atque
patrimoniales
obnoxij
existerent
,
upon
condition
that
those
Lands
so
holden
should
not
as
hitherto
be
free
from
publique
charges
and
taxes
,
but
hereafter
should
doe
as
others
did
.
Which
hath
done
both
sides
no
good
,
for
those
Dutch
afterwards
falling
into
discontents
with
some
of
their
feirce
and
over
rigid
Governours
,
did
by
necessity
and
for
want
of
their
Tenures
and
antient
domestick
military
Aydes
betake
themselves
to
foreign
Forces
as
they
could
hire
them
,
and
have
by
force
and
continual
warrs
in
that
Country
,
which
hath
for
more
then
sixty
years
been
a
Cockpit
for
all
Christendome
,
and
the
hireling
Souldiers
of
it
not
only
brought
great
miseries
and
neighbour
warrs
upon
themselves
and
all
Christendome
,
but
so
tired
the
Kings
of
Spain
his
Successors
,
and
wasted
the
wealth
and
profit
of
his
West-Indies
,
as
he
hath
been
enforced
to
make
a
peace
with
them
,
and
allow
them
to
be
a
free
State
as
they
call
it
,
and
a
Republique
.
Are
themselves
become
of
a
very
Active
and
Warlike
Nation
,
so
Lourdish
and
unwarlike
,
as
they
are
only
found
to
be
men
of
Trade
,
Fishing
,
and
Navigation
,
filling
their
Country
with
many
strong
fortified
walled
Cities
,
Towns
,
Citadels
,
and
Garrisons
,
and
living
under
the
shelter
of
a
constant
,
well
paid
,
and
disciplined
Army
,
doe
by
the
cunning
of
an
universal
Trade
and
Commerce
with
almost
all
the
World
,
and
out
doing
all
Nations
herein
,
carry
the
E●cise
on
their
backs
,
and
make
the
States
&
Richer
part
(
but
not
the
multitude
or
poorer
)
the
better
for
it
,
and
yet
sometimes
doe
find
the
want
of
their
former
Tenures
,
and
the
readiness
of
their
aydes
as
in
the
late
warrs
of
Denmark
,
where
they
were
concerned
to
adventure
through
many
dangers
to
ayde
the
Danes
against
the
Swedes
,
found
their
design
more
out
of
order
then
it
would
otherwise
have
been
,
for
that
the
Seamen
where
they
doe
not
use
to
impresse
,
would
not
be
perswaded
to
goe
at
all
without
a
greater
pay
then
ordinary
,
And
whether
that
discharge
of
the
Emperor
Charles
the
5
th
.
did
absolve
them
from
their
Clientelage
or
holding
of
the
Empire
or
no
?
it
is
well
known
that
they
keep
all
or
most
of
the
incidents
belonging
to
Tenures
in
Capite
,
as
their
Laudemia's
or
Reliefs
,
Investitures
,
Fines
for
Alienation
,
and
the
like
,
and
living
under
those
great
burthens
,
and
otherwise
intollerable
Taxes
,
Contributions
,
and
Excises
,
which
are
made
only
tollerable
by
their
hostilities
and
depraedations
exercised
upon
Spain
and
its
Dominions
,
do
notwithstanding
almost
in
every
Frontier
Town
in
the
winter
time
,
make
their
Inhabitants
hold
by
a
kind
of
Service
as
to
their
own
defence
,
in
the
alotment
of
every
house
or
street
,
to
break
dayly
a
proportion
of
Ice
in
times
of
Frost
in
their
Town
Ditches
.
The
Assessements
for
horse
and
foot
Arms
,
and
charge
and
pay
of
Armies
,
and
so
much
as
for
Ribbons
and
Trophies
as
they
are
now
called
(
which
in
the
time
of
our
Military
Tenures
,
the
people
were
not
at
all
or
so
much
troubled
with
,
will
swell
and
be
the
greater
,
when
so
many
as
were
to
be
contributary
in
a
more
especial
manner
,
shall
be
exempted
from
that
,
and
put
under
the
general
Assessement
,
which
will
make
the
burthen
to
be
the
heavier
,
and
will
be
as
little
for
the
ease
of
the
people
,
as
if
all
the
many
Hospitals
and
Almes-Houses
in
England
,
which
were
built
and
endowed
at
the
great
charge
of
the
Founders
,
with
large
and
perpetual
Annual
Revenues
in
many
Parishes
and
places
in
England
,
and
the
great
number
of
Charities
and
charitable
uses
,
which
since
the
Protestant
Religion
established
in
England
,
have
by
wills
and
Testaments
been
given
to
the
poor
,
should
be
taken
away
and
put
to
other
uses
,
as
those
loving
and
tender
hearted
Statesmen
,
the
late
committee
of
Slavery
rather
than
Safety
,
or
the
Rump
Assembly
,
were
about
to
do
and
put
into
some
Godly
Treasury
,
and
they
that
must
pay
a
great
deal
more
in
their
Rates
and
Assessements
for
the
poor
,
left
to
make
Affidavits
,
that
the
remedy
was
taken
away
,
and
a
Disease
put
in
the
place
of
it
.
The
King
who
is
Pater
Patriae
,
the
great
and
careful
Parent
and
Father
of
his
people
,
and
who
by
God
Almighty
is
trusted
with
the
Welfare
,
Protection
,
and
Defence
,
of
them
,
shall
only
have
that
part
of
the
Court
of
Wards
,
and
kind
of
Prerogative
left
unto
him
to
provide
and
take
care
for
Lunatiques
and
Ideots
Shall
not
now
enjoy
that
antient
and
well
performed
trust
of
protecting
the
Fatherless
,
nor
have
that
power
in
looking
to
Orphanes
,
and
their
Estates
in
their
Minorities
,
as
the
Dutch
and
States
of
Holland
have
,
who
(
though
the
people
under
the
Jurisdiction
of
that
Republique
,
do
hold
neither
by
Knight
Service
of
it
,
nor
can
be
well
said
to
hold
in
Soccage
,
or
as
Fie●●
Roturier
,
where
they
have
so
little
Land
,
but
by
Navigation
rather
and
Commerce
)
have
their
Wees
Kamer
,
or
Court
of
Orphanes
,
do
not
think
it
fitting
to
trust
them
and
their
Estates
to
the
Mothers
,
(
although
they
have
thereby
a
Custom
and
Pacta
antenuptialia
,
[
](A54695-e35330-b)(m)
(m)
Peckius
de
pactis
antenuptialibus
.
a
Joyntenancy
and
power
of
dispose
to
their
own
kindred
)
nor
the
kindred
on
either
side
to
make
their
profit
by
them
,
and
sub
amici
fallere
nomen
,
under
a
colour
of
love
and
kindnesse
,
either
ruine
them
,
or
leave
them
to
ruine
themselves
,
by
selling
them
and
others
good
bargains
.
And
shall
not
have
so
much
privilege
as
the
City
of
London
hath
,
who
by
antient
Custome
have
an
absolute
Court
of
Wards
in
the
City
,
though
it
passe
under
the
name
of
the
Court
of
Orphanes
,
as
may
appear
by
their
antient
Customs
,
viz.
The
Mayor
and
Aldermen
that
are
for
the
time
,
[
](A54695-e35400-b)(n)
(n)
Customs
and
usages
in
London
in
an
old
M●nuscript
in
French
in
Guild-hall
.
by
custom
of
the
City
shall
have
the
Wardships
and
Mariages
of
all
the
Orphans
of
the
said
City
after
the
death
of
their
Ancestors
,
although
the
same
Ancestors
do
hold
in
the
City
of
any
other
Lord
by
what
Service
soever
.
Ought
to
inquire
of
all
the
Lands
and
Tenements
,
Goods
and
Chattels
,
within
the
said
City
,
appertaining
to
such
Orphans
,
and
safely
keep
them
to
the
use
and
profit
of
such
Orphans
,
or
otherwise
commit
the
same
Orphans
,
together
with
their
Lands
and
Tenements
,
Goods
and
Chattels
,
to
others
their
Friends
by
su●ficient
Surety
found
of
Record
in
the
Chamber
of
Guild-hall
,
to
maintain
conveniently
the
said
Orphans
during
their
nonage
,
and
their
Lands
and
Tenem●nts
to
repair
,
and
their
said
Goods
and
Chattels
safely
to
keep
,
and
thereof
to
render
a
good
and
loyal
accompt
before
the
said
Mayor
and
Aldermen
,
to
the
profit
of
the
same
Infants
when
they
shall
come
to
their
age
,
or
when
they
shall
be
put
to
a
mistery
,
or
shall
marry
by
the
advice
of
the
said
Mayor
and
Aldermen
.
And
that
in
all
Cases
except
that
it
be
otherwise
ordained
and
disposed
for
the
same
Orphans
,
or
for
their
Lands
and
Tenements
,
Goods
and
Chattels
,
by
the
expresse
words
contained
in
the
Testaments
of
their
Ancestors
.
And
no
such
Orphans
ought
to
be
married
without
the
assent
of
the
said
Mayor
and
Aldermen
,
and
also
where
Lands
or
tenements
,
Goods
and
Chattels
,
within
the
City
,
are
devised
to
an
Infant
within
Age
living
with
his
Father
,
and
that
such
an
Infant
is
no
Orphan
,
yet
by
usage
of
the
said
City
,
the
said
Lands
and
Tenements
,
Goods
and
Chattels
,
shall
be
in
custody
of
the
Mayor
and
Aldermen
,
as
well
as
of
Orphans
to
maintain
and
keep
them
to
the
use
and
profit
of
the
same
Infant
,
except
that
the
Father
of
the
Infant
,
or
some
other
of
his
Friends
,
will
find
sufficient
surety
or
Record
to
maintain
and
keep
the
said
Lands
and
Tenements
,
Goods
and
Chattels
,
to
the
use
and
profit
of
the
said
Infant
,
and
thereof
to
render
a
good
and
loyal
accompt
as
is
aforesaid
.
And
may
if
the
Kings
Court
of
Wards
shall
be
dissolved
,
and
the
Tenures
in
Capite
taken
away
,
be
indangered
or
petitioned
against
,
which
within
these
last
twenty
years
,
hath
been
a
notable
Engine
and
peice
of
Artillery
of
the
factious
,
who
made
great
use
of
Petitions
,
&
many
a
causeless
complaint
to
overturn
any
antient
useful
constitution
of
the
Kingdom
,
&
well
approved
Rights
and
Liberties
of
the
people
in
general
or
of
some
men
in
particular
.
Will
renverse
and
overturn
many
of
the
Fundamental
Laws
and
Constitutions
of
the
Kingdom
,
&
throw
them
with
their
heels
upwards
into
a
Ditch
of
all
manner
of
evils
and
confusion
,
which
will
so
increase
and
fall
upon
them
and
us
,
as
no
after
endeavours
by
any
new
Bills
or
Acts
of
Parliament
will
be
able
to
rescue
them
,
and
being
once
dead
or
destroyed
,
will
not
meet
with
any
that
either
can
or
will
be
able
to
call
them
like
Lazarus
out
of
the
grave
,
or
their
winding
Sheets
.
It
will
be
against
the
Peoples
Oaths
of
Supremacy
to
desire
,
to
purchase
of
,
or
diminish
the
Kings
Rights
and
Jurisdictions
.
And
against
their
own
safety
to
weaken
the
hands
and
power
of
their
Prince
,
that
should
protect
and
defend
them
,
and
commit
the
trust
of
protecting
and
defending
the
oppressed
poor
to
the
oppressing
Rich
,
the
Chickens
to
the
Kites
,
&
the
harmless
Lambs
to
the
cunning
Foxes
,
or
greedy
Wolves
;
the
weak
and
the
Innocent
to
such
as
shall
endeavour
to
hurt
them
,
and
charge
and
burden
themselves
and
their
Posterities
,
with
a
Rent
and
excise
for
mischiefs
and
inconveniences
enough
in
perpetuity
.
Take
away
that
power
and
ready
means
of
protecting
and
defending
them
,
and
that
which
should
enable
him
to
procure
according
to
his
Coronation
Oath
to
the
Church
of
God
and
the
Clergy
,
and
people
,
firm
peace
and
unity
in
God
according
to
his
power
and
to
administer
indifferent
and
upright
Justice
,
by
forsaking
a
certain
&
willing
way
of
defence
,
for
a
constrained
or
incertain
,
&
by
taking
away
the
best
,
for
so
much
of
it
,
of
all
defences
,
for
that
which
in
the
very
birth
of
it
,
is
justly
feared
to
be
the
worst
.
Draw
a
Curse
rather
than
any
expected
blessing
or
happinesse
upon
all
such
Tenures
in
Capite
and
by
Knight
service
,
as
by
seeking
to
purchase
their
Homages
,
and
obedience
to
their
Prince
,
and
a
better
and
long
experimented
,
and
prosperous
way
of
defence
of
themselves
&
posterity
,
shall
seek
or
endeavour
to
break
the
reiterated
oaths
and
contracts
of
all
their
Ancestors
,
to
be
but
a
part
&
for
a
short
time
of
the
general
defence
,
of
the
Kingdom
like
a
Life-guard
,
at
hand
to
skirmish
and
make
head
against
an
Enemy
,
untill
a
Parliament
can
be
called
,
and
have
time
to
consult
of
the
means
,
or
the
whole
Nation
summoned
for
help
and
imbodied
,
&
will
be
a
perjury
more
sinful
,
then
that
of
the
Children
of
Israel
,
to
the
deceitful
and
turn-coat
Gibeonites
,
and
may
be
more
severely
punished
by
God
Almighty
,
upon
the
hereafter
withering
Estates
of
those
men
,
and
their
generations
,
who
shall
not
only
break
their
own
oaths
,
and
faith
,
but
the
oaths
and
faith
also
of
their
more
grateful
Ancestors
who
would
never
have
done
it
.
Will
make
our
common
people
,
which
were
wont
like
the
lesser
Wheels
,
in
a
well
ordered
watch
to
be
governed
by
the
greater
or
superior
,
to
run
themselves
into
as
many
blessings
as
they
did
in
these
last
twenty
years
,
when
they
wrested
the
Sword
out
of
their
Kings
hands
(
and
by
the
power
of
those
two
great
Devils
Interest
&
Reformation
in
the
abuse
,
and
not
right
use
of
the
words
,
which
may
well
wear
the
name
of
those
Devils
which
were
called
Legion
)
to
cut
murder
,
pillage
and
rob
the
honest
and
loyal
part
of
the
the
people
,
&
lasciviendo
in
quaerelas
&
quaestiones
,
playing
the
wantons
in
their
complaints
,
and
evil
practices
,
which
they
found
to
be
so
beaten
a
track
or
rode
of
prosperity
,
to
the
journeys
end
of
their
wickedness
,
complain
of
every
thing
that
likes
not
their
fancies
,
or
ignorance
,
and
from
Wardships
and
Tenures
,
return
again
in
their
ingratitude
to
God
and
man
,
to
their
late
design
of
taking
away
Tithes
,
&
Coppyholds
,
by
enforcing
the
Lords
to
take
a
year
or
two
years
purchase
for
the
rights
of
their
Mannors
,
&
Copyhold
Estates
,
&
from
thence
to
the
Act
of
Parliament
,
intended
in
our
Reformers
late
deformations
,
to
abate
Rents
where
the
Landlords
were
not
so
well
affected
as
the
Tenants
,
to
make
or
maintaine
War
against
their
Soveraign
.
And
if
there
had
nothing
been
said
or
written
,
as
we
hope
there
is
sufficient
to
justify
the
Innocency
or
right
use
of
Tenures
in
Capite
and
by
Knight
service
,
it
had
been
enough
(
as
it
was
to
the
vertuous
Seneca
,
to
be
persecuted
and
put
to
death
by
Nero
,
who
loved
all
Ill
and
hated
all
Good
)
that
Cromwel
,
that
Minotaure
,
to
whom
in
his
Lab●rinth
of
Subtilties
,
Hypocrisy
,
and
abused
Scripture
,
our
Lawes
and
Liberties
were
daily
sacrificed
by
the
Flattering
Addresses
of
a
company
of
Knaves
or
Fooles
,
very
well
know
after
he
had
cut
down
the
Royal
Oak
,
and
blasted
all
the
lofty
Pines
and
Firres
in
Druina's
Forrest
,
procured
an
Act
for
renouncing
and
disannulling
the
Title
of
our
now
most
graciovs
Soveraign
,
and
his
Brothers
to
the
Crown
of
England
,
and
their
Fathers
Dominions
,
and
all
other
which
should
pretend
any
Title
or
Claim
,
from
,
by
,
or
under
them
,
or
any
of
them
,
how
much
it
concerned
his
most
wicked
purposes
of
establishing
that
which
should
be
called
a
Common-wealth
,
under
His
and
his
posterities
Protectorship
,
and
most
Arbitrary
and
Tyrannical
Government
,
by
a
perpetual
standing
Army
of
30000.
Horse
and
Foot
,
an
intollerable
Excise
,
and
monthly
Assessements
to
pay
them
&
set
up
the
other
,
or
tother
House
instead
of
a
House
of
Peers
,
made
up
for
the
most
part
of
Mechanicks
transformed
into
Colonels
and
Major
Generalls
,
and
some
other
who
might
have
been
better
Englishmen
then
to
have
been
catched
in
the
Trap
of
Ambition
,
or
Titles
made
the
wrong
way
;
By
which
he
might
check
the
growing
Factions
in
the
House
of
Commons
,
and
destroy
their
pretended
Soveraignity
,
Tax
and
Rack
the
estates
of
all
men
,
and
more
then
a
Grand
Seignior
or
Turk
ever
durst
adventure
upon
;
Command
as
he
should
please
the
Bodies
and
Souls
of
the
people
,
take
away
every
Surculus
or
little
Sprigs
that
might
grow
out
of
the
remaining
Sap
of
that
mighty
Tree
,
and
every
thing
that
might
either
contribute
to
it
,
or
remain
but
as
Reliques
of
the
Regal
Estate
and
peoples
happiness
,
did
by
an
Ordinance
as
he
called
it
of
himself
and
his
Council
the
12
th
.
of
April
1654.
not
only
ordain
an
Union
betwixt
the
two
Kingdoms
,
but
that
all
the
Nation
of
Scotland
should
be
discharged
of
all
Fealty
,
Homage
,
and
Allegiance
which
is
or
should
be
pretended
to
be
due
to
his
Majesty
that
now
is
,
and
that
neither
he
nor
any
of
his
Royal
Brothers
,
or
any
deriving
from
the
late
King
should
hold
Name
,
Title
,
and
Dignity
of
King
of
Scotland
,
and
that
all
Herritors
,
Proprietors
,
and
Possessors
of
Lands
in
Scotland
,
should
hold
their
Lands
of
their
respective
Lords
by
and
under
their
accustomed
yearly
Boones
and
Annual
services
,
without
rendring
any
Duty
or
Vassallage
,
and
discharged
them
of
all
military
services
,
and
well
knowing
that
their
old
Customes
being
taken
away
,
the
Court-Barons
would
also
fail
,
did
by
another
Ordinance
erect
new
Court-Barons
for
them
.
And
having
made
store
of
Slaves
in
that
Kingdome
,
made
all
the
hast
he
could
to
compleat
his
wickednesse
in
this
,
and
did
the
17
th
.
day
of
September
1656.
procure
his
houses
of
Parliament
or
good
will
and
pleasure
,
rather
to
doe
as
much
for
England
,
and
take
away
all
Tenures
in
Capite
&
by
Knight
service
,
and
all
Homages
,
and
Reliefs
,
&
not
only
do
all
he
could
to
destroy
the
heirs
thereof
,
but
cut
the
Nerves
&
let
out
the
blood
of
a
most
noble
&
antient
Monarchy
.
But
if
there
could
be
any
hopes
in
the
Exchange
of
those
innocent
as
useful
Tenures
in
Capite
,
and
Knight
service
,
of
bettering
the
condition
of
the
Commonwealth
and
people
,
increasing
their
Liberties
and
content
,
and
to
maintain
and
keep
them
in
a
most
happy
peace
and
plenty
,
(
which
will
never
be
done
if
the
Sword
and
Scepter
of
the
King
shall
only
be
like
the
Ensignes
and
Ornaments
of
Regality
,
and
made
only
to
represent
a
Majestie
)
there
will
another
difficulty
stand
in
the
way
and
meet
the
design
of
doing
it
by
Act
of
Parliament
)
and
offer
this
question
to
consideration
;
Whether
an
Act
of
Parliament
,
and
the
consent
of
the
House
of
Peers
,
&
the
desire
of
all
the
Commons
and
People
of
England
,
which
must
be
understood
to
be
signified
by
their
Representatives
,
and
the
Roy
le
veult
,
the
King
giving
life
and
breath
,
and
being
to
it
can
in
the
great
power
and
respect
which
ever
hath
been
by
the
Law
,
and
justly
ought
to
be
always
attributed
unto
it
.
Take
away
Tenures
in
Capite
,
and
by
Knight
service
,
grand
and
Petit
Sejeanties
,
Homage
,
and
all
other
incidents
belonging
unto
them
,
or
the
right
which
the
Nobility
,
and
Gentry
,
and
mesne
Lords
have
to
enjoy
their
Tenures
by
Knight
service
,
&
the
incidents
thereunto
belonging
.
Which
howsoever
that
in
many
other
things
it
hath
been
said
,
that
Consensus
tollit
errorem
,
&
Conventi●
vincit
Legem
,
Consents
and
Agreements
are
more
binding
then
Law
,
will
by
the
Laws
of
God
,
and
Nature
,
and
Nations
,
and
the
Laws
of
this
Kingdom
,
and
the
opinion
of
some
eminent
and
learned
Sages
and
Lawyers
thereof
,
be
resolved
in
the
Negative
,
viz.
CHAP.
VII
.
That
Tenures
in
Capite
,
and
by
Knight
service
,
holden
of
the
King
,
and
the
Homage
and
Incidents
thereunto
appertaining
,
and
the
Right
of
the
Mesne
Lords
cannot
be
dissolved
or
taken
away
by
any
Act
of
Parliament
.
FOR
that
Gods
Law
,
and
the
Law
of
Nature
,
and
Nations
,
have
taken
care
not
only
to
preserve
the
Rights
of
Soveraignity
,
and
the
means
and
order
of
Government
,
but
the
Rights
&
property
of
every
particular
Subject
,
&
do
prohibit
all
injustice
,
&
it
is
a
Maxime
,
or
Aphorism
undeniable
that
Laws
made
against
the
Word
of
God
,
&
the
Laws
of
Nature
or
which
are
impossible
,
or
contra
bonos
mores
,
right
Reason
,
or
natural
Equity
,
will
be
void
in
themselves
,
be
the
Seal
or
Stamp
of
Authority
never
so
eminent
.
And
therefore
,
if
as
the
Law
hath
often
determined
,
that
the
Kings
Charters
are
void
,
and
not
pleadable
by
Law
,
when
they
are
repugnant
to
the
Laws
,
Acts
of
Parliament
,
Maxims
,
and
reasonable
Customs
of
the
Realm
,
that
it
is
not
in
the
Kings
power
by
his
Charter
or
last
Will
and
Testament
,
to
grant
away
the
Crown
of
England
,
to
another
Prince
,
or
Potentate
,
as
it
was
resolved
in
the
Case
of
the
supposed
grant
of
King
Edward
the
Confessor
,
to
William
Duke
of
Normandy
,
and
that
grant
of
King
John
to
the
Pope
,
to
hold
England
,
and
Ireland
of
him
,
and
that
notwithstanding
the
grant
made
by
William
the
Conquerour
,
to
Hugh
Lupus
,
of
the
Earldom
of
Chester
,
tenendum
per
gladium
,
and
ita
libere
,
as
the
King
himself
did
hold
England
,
the
Earldom
of
Chester
,
was
holden
of
the
King
,
that
the
grant
of
King
H.
2.
to
the
Monks
of
St.
Bartholomews
in
London
,
that
the
Prior
&
the
Monks
should
be
as
free
in
their
Church
,
[
](A54695-e36430-b)(o)
(o)
13
H.
6.
as
the
King
was
in
his
Crown
,
was
adjudged
to
be
void
,
for
that
the
Prior
,
and
the
Monks
were
but
Subjects
,
and
that
by
the
Law
,
the
King
may
no
more
denude
himself
of
his
Royal
Superiority
over
his
Subjects
,
then
his
Subjects
can
renounce
or
avoid
their
subjection
to
their
King
,
and
the
reason
why
such
or
the
like
grants
of
the
King
by
his
Charter
are
void
,
is
not
in
regard
it
was
granted
without
the
consent
of
the
people
in
Parliament
,
but
that
it
was
in
disherison
of
his
Crown
,
and
disabling
himself
to
govern
;
or
if
he
should
by
his
grant
exempt
a
man
from
paying
his
Debts
,
or
maintenance
of
hise
Wife
and
Children
,
the
joyning
of
the
Lords
and
Commons
with
him
in
an
Act
of
Parliament
would
not
make
such
a
Law
to
be
binding
or
obligatory
.
And
therefore
the
King
cannot
saith
Dier
release
or
grant
a
Tenure
in
Capite
to
any
Subject
,
Dier
44.
when
King
Edward
the
3
d.
granted
to
the
Black
Prince
his
Son
the
grant
of
the
Dutchy
of
Cornwal
,
all
Wards
,
Marriages
,
and
Reliefs
,
non
obstante
,
the
Kings
Prerogative
,
it
was
adjudged
that
the
Prince
could
not
seise
a
Ward
which
held
of
the
Kings
Ward
,
[
](A54695-e36550-b)(p)
(p)
43.
Assise
plit.
1.
because
it
belonged
to
the
King
by
his
Prerogative
.
And
in
2
R.
2.
Robert
de
Hauley
Esquire
,
being
arrested
and
pursued
upon
an
Action
of
Debt
,
in
Westminster
Abby
,
where
he
took
Sanctuary
,
[
](A54695-e36610-b)(q)
(q)
Rot
Parl
2
R.
2
111.72
,
73
,
&
74.
was
in
the
tumult
slain
at
the
high
Altar
when
the
Priest
was
singing
high
Masse
;
And
the
offence
and
breach
of
priviledge
(
as
it
was
then
pretended
to
be
)
complained
of
in
Parliament
by
the
Arch-Bishop
of
Canterbury
,
and
the
rest
of
the
Prelates
and
Clergy
,
and
prayed
that
due
satisfaction
and
amends
might
be
made
of
so
horrible
a
fact
;
It
was
opposed
by
the
Lords
and
Commons
,
and
they
vouched
Records
,
and
called
to
witness
the
Justices
and
others
that
were
learned
in
rhe
Lawes
of
the
Land
,
that
in
the
Church
of
England
,
it
hath
not
been
accustomed
,
nor
ought
to
have
Immunity
for
Debt
or
Trespass
or
other
Cause
whatsoever
,
except
for
Crime
only
;
And
certain
Doctors
of
Divinity
,
Canon
and
Civil
Lawes
being
thereupon
sworn
and
examined
before
the
King
himself
to
speak
the
plain
truth
,
said
upon
mature
and
sound
deliberation
,
that
in
case
of
Debt
,
Accompt
,
or
Trespass
,
where
a
man
is
not
to
lose
life
or
member
,
no
man
ought
to
have
Immunity
in
holy
Church
,
and
said
further
(
in
the
highest
expressions
those
times
could
afford
)
that
God
saving
his
Perfection
,
the
Pope
saving
his
Holiness
,
nor
any
King
or
Prince
can
grant
such
a
priviledge
,
and
that
if
the
King
should
grant
such
a
priviledge
,
the
Church
is
and
ought
to
be
favoured
and
nourished
ought
not
to
axcept
of
it
,
whereof
offence
or
occasion
of
offence
may
arise
,
for
it
is
a
sin
and
occasion
of
offence
(
saith
the
Record
)
to
delay
a
man
willingly
from
his
Debt
,
or
the
just
recovery
of
the
same
;
And
if
an
Act
of
the
Commons
alone
,
or
of
the
Lords
alone
or
of
both
together
,
cannot
amount
to
an
Act
of
Parliament
,
the
King
himself
cannot
grant
away
his
Regality
,
or
Power
,
or
means
of
governing
by
his
Charter
,
or
any
Act
which
he
can
singly
doe
,
his
concurrence
with
both
the
Lords
and
Commons
can
no
more
make
an
Act
to
confirme
that
which
should
not
be
done
or
granted
,
then
his
own
grant
or
Charter
could
have
done
,
or
than
if
he
and
the
House
of
Commons
only
had
made
an
Act
;
As
it
appeareth
by
the
Ordinance
which
the
Lords
Ordainers
,
so
from
thence
called
,
did
obtain
from
Edward
2.
whereby
he
delegated
much
of
his
Regal
Authority
unto
them
,
which
was
afterwards
complained
of
in
Parliament
,
made
void
,
and
the
Authors
or
Lords
Ordainers
punished
;
for
it
hath
been
clearly
asserted
by
eminent
and
learned
Judges
and
Sages
of
the
Law
,
as
the
Lord
cheif
Justice
Hobart
,
Sr.
Francis
Bacon
,
and
Sr.
Jonh
Davis
,
Attorney
General
to
King
James
in
Ireland
,
that
the
Superlative
power
of
Parliaments
above
all
but
the
King
,
is
in
some
things
for
restrained
,
as
it
cannot
enact
things
against
Right
Reason
,
or
common
Right
,
or
against
the
Lawes
of
God
or
Nature
,
that
a
man
shall
be
Judge
in
his
own
Case
,
as
that
the
King
shall
have
no
Subsidies
whereby
to
defend
himself
and
his
people
,
that
Children
shall
not
obey
their
Parents
,
and
the
like
.
And
that
Tenures
in
Capite
,
and
by
Knight
service
,
are
of
so
transcendent
a
nature
,
and
so
radically
in
the
Crown
and
Fundamental
Lawes
,
[
](A54695-e36780-b)(r)
(r)
Case
of
Imposi●ions
▪
as
no
Act
of
Parliament
can
take
it
away
or
alter
it
,
and
are
so
inseperable
as
Sr.
John
Davis
saith
that
in
a
Parliament
holden
in
England
in
the
latter
end
of
the
raign
of
King
James
,
it
was
resolved
by
the
House
of
Commons
,
that
the
Wit
of
man
could
not
frame
an
Act
of
Parliament
whereby
all
Tenures
of
the
Crown
might
be
extinguished
.
And
Judge
Hutton
,
who
in
the
Case
of
the
Ship-money
,
would
allow
the
King
no
more
Prerogative
then
what
could
not
be
denyed
him
,
did
publicquely
deliver
it
for
Law
which
in
that
great
and
learned
Assembly
of
Judges
and
Lawyers
was
not
contradicted
,
that
Tenures
in
Capite
,
are
so
inseperable
in
the
Crown
,
as
the
Parliament
will
not
nor
cannot
sever
them
,
and
the
King
cannot
release
them
.
And
such
is
the
care
for
the
defence
of
the
Kingdome
which
belongeth
inseperably
to
the
King
as
Head
or
supream
Protector
,
so
as
if
any
Act
of
Parliament
should
enact
that
he
should
not
defend
the
Kingdome
,
or
that
he
should
have
no
aides
from
his
Subjects
to
defend
the
Realm
,
such
Acts
would
not
bind
,
but
would
be
void
,
because
they
would
be
against
all
natural
Reason
.
And
Judge
Crooke
also
doth
in
his
Argument
against
the
Ship-money
,
wherein
he
concurred
with
Justice
Hutton
,
alleage
that
if
a
statute
were
made
that
a
King
should
not
defend
the
Kingdome
,
it
were
void
being
against
Law
and
Reason
.
And
when
a
Parliament
is
called
by
the
Kings
Writ
to
preserve
his
Kingdom
,
and
Magna
Charta
so
little
intends
that
any
future
Parliament
should
alter
or
take
away
any
Liberties
granted
or
confirmed
thereby
,
or
any
fundamental
Laws
,
which
are
incorporate
with
the
essence
of
Government
,
as
it
hath
been
by
several
confirmations
of
it
enacted
,
that
all
Laws
hereafter
to
be
made
to
the
contrary
,
shall
be
Null
and
void
,
and
with
good
reason
as
to
the
King
and
Mesne
Lords
,
in
the
changing
of
their
Tenures
into
Socage
,
when
as
ex
contractu
obligatio
,
and
ex
obligatione
Actio
,
should
as
well
hold
in
those
benificial
pactions
,
which
were
in
the
Creation
of
those
Tenures
betwixt
the
King
,
Lords
,
and
Tenants
,
as
in
Bonds
Bills
,
and
Assumpsits
,
or
any
other
contracts
whatsoever
.
And
is
so
great
a
part
of
right
Reason
,
in
the
opinion
of
Forreigners
,
and
according
to
the
Law
of
Nature
and
Nations
,
as
in
the
German
Empire
,
(
though
it
hath
heretofore
lost
much
of
its
power
and
authority
,
[
](A54695-e37010-b)(s)
(s)
Conringius
de
Germanici
Imperii
Republic
.
by
the
greatnesse
of
some
of
the
Princes
,
and
the
many
Liberties
and
Priviledges
granted
to
Cities
&
Towns
)
its
remaining
Prerogatives
notwithstanding
are
said
to
be
Jura
Majestatis
&
instar
puncti
divisionem
non
recipientia
adeoque
Imperatoris
personae
cohaerent
ut
nec
volens
ijs
se
abdicare
aut
alium
in
consortium
vocare
possit
,
[
](A54695-e37040-b)(t)
(t)
Arumae●●
de
Comitijs
Roma●i
Germanici
Imperij
ca.
3.
§
,
2.
&
.
3.
so
inseperable
as
they
are
capable
of
no
division
,
and
do
so
adhere
unto
the
Emperors
person
,
as
he
cannot
if
he
would
renounce
or
transferre
them
over
to
any
other
.
And
Bodi●
that
understood
France
very
well
,
[
](A54695-e37100-b)(u)
(u)
Bodin
de
Republica
lib.
1.273
.
saith
,
that
Si
Princeps
publica
praedia
,
cum
imperio
aut
jurisdictione
&
eo
modo
fruenda
concesserit
quo
ipse
fruetur
,
etiam
si
Tabulis
jura
Majestatis
excepta
non
fuerunt
ipso
jure
tamen
excepta
judicantur
,
if
the
King
shall
grant
any
of
his
Lands
,
to
hold
as
freely
,
and
with
as
much
power
and
jurisdiction
as
he
himself
enjoyed
it
,
the
jura
Majestatis
,
or
Regalities
are
always
adjudged
and
taken
to
be
excepted
though
there
be
no
reservation
or
exception
in
the
Letters
Patents
.
[
](A54695-e37150-b)(w)
(w)
Bodin
ibm●59
●59
.
And
the
Parliament
of
Paris
were
so
careful
of
the
Kings
Rights
,
in
Governing
as
when
Francis
the
first
,
had
granted
to
the
Queen
his
Mother
,
a
Commission
to
pardon
and
restore
condemned
persons
,
it
declared
that
such
a
grant
quum
sine
Majestatis
diminutione
communicari
non
possit
,
seeing
it
could
not
be
granted
without
diminution
of
his
Royal
Authority
,
was
void
,
&
thereupon
the
Queen
Mother
intermedled
no
more
therein
.
The
Conclusion
.
WHen
all
therefore
which
can
be
but
pretended
against
Tenures
in
Capite
,
and
by
Knight
service
,
shall
be
put
together
,
and
said
,
and
done
they
will
come
to
no
more
then
this
.
The
general
Assessements
for
men
and
Horses
,
and
necessaries
for
War
,
whether
men
will
or
no
,
are
a
service
incumbent
upon
every
mans
estate
,
though
they
bought
and
purchased
their
Lands
,
&
the
Knight
service
which
is
now
complained
of
,
is
but
where
their
Lands
were
given
them
for
that
purpose
,
and
ex
pacto
&
voluntate
,
by
Agreement
.
For
it
hath
allwayes
been
accompted
to
be
no
less
than
reason
,
that
qui
sentit
commodum
sentire
debet
et
onus
,
the
Rose
and
the
Prickle
must
goe
together
,
and
he
that
hath
the
profit
may
be
well
contented
to
doe
something
for
it
,
especially
when
it
is
no
more
then
what
he
did
agree
to
doe
,
and
beleived
it
to
be
a
favour
.
And
if
they
now
take
those
Lands
to
be
a
burden
,
may
if
they
please
give
themselves
an
ease
by
retorning
of
them
to
those
that
gave
it
.
And
should
not
be
murmured
at
,
or
complained
of
,
when
as
those
that
live
near
the
Sea
,
doe
live
under
a
Charge
or
Imposition
which
is
annual
,
and
sometimes
very
great
upon
all
.
And
in
Holland
are
commanded
and
ordered
yearly
by
the
Dijck
Graven
,
or
Magistrates
appointed
for
that
purpose
,
to
repair
and
amend
their
Sea
walles
;
Or
as
it
is
also
in
England
,
by
Direction
of
Law
and
Commissions
of
Sewers
,
and
doe
but
in
that
though
their
Lands
were
dearly
paid
for
,
and
not
freely
given
,
as
those
doe
which
hold
their
Lands
by
Knight
service
,
and
defend
themselves
by
defending
others
.
And
it
will
ever
be
a
Rule
and
Maxime
in
Loyalty
,
as
well
as
in
Law
and
right
Reason
,
that
by
the
Lawes
of
God
,
Nature
,
and
Nations
,
as
well
as
of
England
,
there
is
and
ought
to
be
a
natural
Allegiance
to
the
King
,
that
Oaths
of
Allegiance
and
Supremacy
doe
enjoyn
every
Subject
to
defend
his
Prince
,
and
his
just
Rights
and
Jurisdictions
;
And
that
the
safety
of
every
man
in
particular
,
and
his
own
discretion
should
advise
him
to
it
,
unless
they
will
think
it
to
be
wisdome
in
the
Citizens
of
Constantinople
,
who
in
the
Seige
thereof
would
rather
keep
their
money
and
riches
for
the
Turks
to
plunder
,
then
help
themselves
or
their
Emperour
with
it
,
&
make
thereby
themselves
&
their
posterity
Slaves
to
the
enemy
of
Christendome
then
put
it
to
the
right
use
of
defending
their
Prince
,
themselves
,
and
Posterities
.
And
will
all
resolve
in
this
,
a
defence
of
the
King
&
his
people
will
be
eternally
necessary
,
an
ordinary
,
a
speedy
,
a
ready
,
a
willing
,
and
the
most
ingageing
&
obliging
way
,
will
be
better
then
that
which
shall
be
extra-ordinary
a
far
off
,
and
to
seek
,
or
be
enforced
.
And
the
most
ready
means
for
a
defence
and
at
hand
,
must
needs
be
the
most
proper
and
beneficial
,
for
upon
that
ground
Kings
have
their
Treasuries
,
Armories
,
and
Arsenals
,
which
Republicques
are
content
to
imitate
;
Our
Constables
and
Justices
of
Peace
in
England
,
being
as
standing
Officers
and
Guardians
of
the
Peace
,
are
more
for
the
safety
of
the
people
,
when
they
are
made
before
hand
,
to
be
ready
upon
any
breach
of
peace
,
then
if
they
were
to
seek
,
or
to
be
made
afterwards
,
and
i●
would
be
no
dimunition
of
the
strength
or
defence
of
the
Kingdome
to
have
the
Nobility
and
Gentry
of
England
by
the
Tenure
of
their
Lands
as
it
were
listed
,
and
undertaking
upon
all
occasions
to
serve
their
Prince
and
defend
their
Country
,
for
the
smallest
understandings
can
find
the
way
to
determine
that
it
will
be
better
and
more
easie
for
the
Subject
to
have
the
King
and
their
Country
served
by
a
Knight
service
,
in
acknowledgment
of
great
Estates
only
given
them
for
that
purpose
,
than
to
have
10
or
12000
men
provided
by
the
Subjects
by
a
constant
Pole
money
and
Assessement
upon
them
and
their
Heirs
,
for
a
ready
Guard
and
Assistance
for
the
defence
and
safeguard
of
the
Country
as
well
as
of
the
King
,
which
the
Danes
after
their
late
so
great
misfortunes
and
miseries
by
the
incursions
&
furious
attempts
of
the
Swedes
,
have
learnt
to
be
wisdome
,
&
have
therefore
lately
bound
themselves
and
their
posterities
to
maintain
a
guard
of
10
or
12000
men
to
be
paid
by
a
Pole
or
Assessement
.
And
unless
the
divine
light
of
reason
,
and
that
which
hitherto
hath
been
called
wisdome
,
have
altered
their
courses
and
resolved
that
which
is
retrograde
and
quite
contrary
to
be
the
better
,
the
most
safe
and
natural
way
will
be
as
it
ever
hath
been
to
have
our
men
at
Arms
to
be
Natives
rather
than
Forreigners
,
such
as
are
of
the
better
sort
,
and
bred
and
educated
in
Feats
of
armes
,
rather
then
such
as
have
neither
skill
nor
courage
,
and
such
as
have
Lands
and
Estates
of
their
own
to
make
a
concernment
,
rather
than
such
as
have
none
.
Better
to
have
the
Nobility
and
Gentry
who
are
bred
and
trained
up
in
War
,
and
understand
the
necessity
and
causes
of
a
War
to
be
ingaged
in
the
defence
of
the
Kingdom
,
than
the
vulgus
who
are
often
called
,
and
too
often
experimented
,
and
best
know
how
they
came
to
deserve
it
mobile
&
imperitum
vulgus
,
a
Beast
of
many
heads
,
and
without
a
Superiour
or
Governours
,
are
●it
only
to
attempt
again
the
building
of
Babel
,
wherein
if
they
were
all
of
one
language
,
they
would
for
want
of
agreement
or
wit
,
either
totally
miscarry
in
the
building
,
or
make
it
to
be
an
unimitablepeice
of
deformity
.
For
it
was
certainly
no
fault
in
Abraham
that
he
had
318
Servants
born
in
his
own
house
to
Arm
in
a
case
of
necessity
to
rescue
his
Brother
Lot
;
[
](A54695-e37530-b)(y)
(y)
Genesis
14
,
v.
14.
Nor
in
David
that
he
had
Servants
to
passe
before
him
to
War
.
Or
when
he
well
understood
that
the
Children
of
Israel
when
they
had
no
King
,
[
](A54695-e37580-b)(z)
(z)
1
Reg.
15.
v.
18.
&
19.
and
every
one
followed
his
own
Imaginations
,
were
often
delivered
into
the
hands
of
the
Midianites
,
Philistims
,
&
many
of
the
Nations
round
about
them
,
and
that
Deborah
&
Baruch
,
having
undertaken
to
releive
them
were
enforced
to
pronounce
a
Curse
against
thos●
that
came
not
to
help
the
Lord
against
the
mighty
,
when
Reuben
had
great
devisions
,
&
did
abide
amongst
the
Sheep-folds
,
Dan
remained
in
Ships
,
and
Ashur
continued
by
the
Sea-Shore
.
And
that
he
had
tasted
of
the
fickleness
&
infidelity
of
the
men
of
Judah
&
Israel
in
the
Rebellion
of
Absalom
,
did
though
they
were
afterwards
so
kind
unto
him
,
as
to
wrangle
with
the
men
of
Judah
for
bringing
him
home
to
his
Kingdom
,
and
not
giving
them
a
share
in
the
honor
of
it
,
not
think
it
to
be
repugnant
to
the
good
and
safety
of
the
people
to
settle
a
strong
&
well
formed
Militia
,
and
to
have
a
Life-guard
of
24000
valiant
men
to
attend
by
months
,
and
courses
the
safety
of
his
person
,
and
his
peaceable
Government
,
which
must
needs
be
better
than
to
be
left
to
the
humor
of
the
people
to
go
or
not
to
goe
with
their
Prince
to
war
,
as
the
wind
of
their
Interest
,
or
faction
shall
blow
them
,
which
may
make
such
kind
of
aids
in
the
greatest
of
necessities
to
be
hardly
compassed
.
And
the
Delectus
of
the
Roman
Souldiers
in
their
growing
greatnesse
,
and
most
virtuous
condition
of
that
State
or
Commonwealth
before
their
course
and
custom
of
Patronage
,
&
Clyentelage
had
taken
root
and
gained
approbation
,
and
their
often
Mutinies
and
refuseing
nomina
dare
to
list
or
Inroll
themselves
,
unless
usury
might
be
lessoned
,
and
Lawes
cut
out
to
their
Fancies
,
hath
told
us
how
like
Egiptian
Reeds
such
a
away
of
raising
men
to
defend
the
King
,
themselves
and
the
Kingdome
will
be
to
those
that
shall
most
trust
or
leane
upon
it
.
So
that
then
the
Gorgons
head
and
the
Bugg-beare
of
the
Tenures
in
Capite
and
Knight
Service
being
only
the
marriages
and
puting
the
Wards
Estates
under
a
rent
,
whilst
they
shall
be
in
minority
if
rationally
considered
with
allowance
of
the
seldome
happening
of
it
or
but
once
in
three
or
four
descents
,
and
two
yeares
value
being
allowed
upon
the
death
of
every
Tenant
in
Socage
or
Coppy-hold
Estates
,
at
the
admission
of
every
one
of
their
Heirs
,
will
with
their
reliefs
and
herriots
,
possibly
make
the
accompt
of
the
mony
and
charge
of
the
wardship
to
be
something
equal
,
if
not
a
great
deal
lesse
.
Which
howsoever
may
be
removed
or
made
to
be
more
familiar
and
better
understood
or
born
,
if
the
Tenants
in
Capite
and
by
Knight
Service
,
shall
be
exempted
from
all
other
Taxes
or
Assessements
for
War
,
but
what
belongs
to
their
Service
,
as
by
Law
they
antiently
were
and
ought
to
be
;
the
Wards
nor
their
Estate
during
that
time
,
being
never
heretofore
charged
with
any
such
Assessements
,
as
our
late
Tax-Masters
have
laid
upon
the
People
,
when
as
the
fifth
,
and
many
times
the
third
part
of
the
Wards
yearly
Rents
,
besides
a
fifth
part
of
the
value
of
their
real
estate
,
and
a
twentieth
of
the
personal
,
and
revenew
enforced
&
taken
from
them
to
maintain
Iniquity
,
would
have
saved
more
mony
than
the
Wardships
cost
.
Or
if
that
will
not
still
the
causelesse
out-cry
,
that
the
Licence
of
Alienation
(
which
as
well
as
in
Capite
&
by
Knight
Service
,
are
by
the
Custom
of
many
Manors
to
be
paid
in
Socage
)
and
the
Homages
,
Grand
and
Petit
Serjeanties
,
Reliefs
,
Primer
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
Iurisd●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
,
[
](A54695-e38030-b)(x)
(x)
Motives
of
the
Ea●l
of
Bristol
for
adhereing
to
his
〈◊〉
M●jesty
58.
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
Esta●es
of
all
the
men
in
England
that
could
not
be
concerned
either
in
profit
,
losse
,
or
D●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
A●va●tage
to
them
.
Or
that
the
losses
of
Merchants
by
Shipw●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
,
[
](A54695-e38370-b)(y)
(y)
John
de
Serres
History
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
,
[
](A54695-e38480-b)(z)
(z)
1
Reg.
20.8
.
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
,
that
in
a
Parliament
holden
in
the
14
th
.
year
of
the
raign
of
King
Richard
the
2
d.
the
Lords
and
Commons
did
pray
the
King
that
the
Prerogative
of
Him
and
his
Crown
may
be
kept
,
and
that
all
things
done
,
or
attempted
to
the
contrary
,
may
be
redressed
,
and
that
the
King
might
be
as
free
,
as
any
of
his
Progenitors
were
,
which
the
King
granting
,
gave
to
it
the
force
and
power
of
an
Act
of
Parlaiment
.
And
consider
that
the
innovation
of
Laws
,
or
change
of
Customs
are
dangerous
,
and
as
St
Augustine
saith
,
non
tam
utilitate
(
if
there
were
any
profit
in
them
)
prosunt
quam
Novit●●e
perturbant
,
do
more
hurt
than
good
by
their
Novelty
,
that
it
will
be
unsafe
to
take
away
or
dig
up
foundations
,
that
where
the
inconveniences
in
the
old
Laws
are
not
apparant
,
and
the
conveniences
to
come
by
the
new
not
infallible
or
not
likely
to
deceive
our
expectation
of
them
,
it
will
be
perilous
to
change
our
Laws
,
more
perilous
when
they
be
many
,
and
most
of
all
,
when
they
be
fundamental
.
That
the
more
Power
and
Might
is
in
the
King
,
to
defend
us
,
the
better
will
be
the
Ends
which
by
the
Means
is
intended
,
and
that
therefore
in
the
Parliament
of
7
E.
1.
the
Prelates
,
Earls
,
Barons
,
and
the
Commonaltie
of
the
Realm
,
did
acknowledge
that
to
the
King
it
belonged
of
his
Royal
Signory
,
streightly
to
defend
force
of
Armour
,
and
all
other
force
against
the
Peace
,
and
to
punish
them
which
shall
do
contrary
,
according
to
the
Laws
and
usages
of
the
Realm
;
and
thereunto
were
bound
to
ayd
their
Soveraign
Lord
at
all
Seasons
when
need
shall
be
,
that
to
make
a
Captain
of
a
Cripple
,
or
a
Constable
,
which
should
keep
the
Peace
in
a
Parish
,
and
be
ready
to
repell
any
violence
which
should
be
offered
to
the
Inhabitan●s
,
to
be
blind
or
Bed-rid
,
would
not
answer
the
End
,
or
b●
for
the
Safety
of
those
that
expect
it
from
him
.
And
that
his
Majesties
opinion
expressed
in
his
Message
or
Declaration
from
Breda
,
before
his
return
into
England
,
is
and
ever
will
be
a
maxime
composed
of
very
great
reason
and
truth
that
his
Majesties
just
rights
are
the
best
preserver
of
the
peoples
Liberties
.
And
may
believe
before
it
be
too
late
that
to
take
away
Tenures
in
Capite
,
and
introduce
the
inconveniences
before
mentioned
,
will
be
but
as
a
Prologue
,
or
usher
to
Levelling
,
and
the
gate
or
entrance
,
to
the
Agrarian
Devices
,
and
the
supposed
Saints
taking
possession
of
the
Estates
of
those
which
they
call
the
wicked
.
And
that
the
laying
by
of
Tenures
in
Capite
,
and
their
services
,
and
making
use
of
Mercenary
and
Mechanick
Souldiers
,
may
help
us
to
as
many
miseries
and
follies
,
as
we
have
pertaked
of
in
our
late
troubles
,
from
our
Servants
,
make
them
to
become
our
Masters
,
and
by
inureing
them
to
insolencies
against
others
,
teach
them
how
to
domineer
over
the
people
,
which
shall
be
their
pay-Masters
,
after
that
over
Parliaments
garbling
and
purging
the
House
,
pulling
out
,
and
putting
in
whom
they
please
,
turn
Legislators
,
and
Remonstrance
▪
makers
from
their
head
quarters
,
make
themselves
not
the
Repairers
of
Breaches
,
but
the
makers
and
causers
of
them
,
ingrosse
,
all
the
places
and
imployments
of
the
Kingdom
,
throw
down
Laws
and
Government
,
create
out
of
themselves
and
their
own
Party
,
Mayors
,
Generals
,
to
tyranize
awe
the
people
,
and
abuse
their
Laws
,
and
Liberties
,
and
play
the
fools
at
Coffee-Houses
,
with
disputing
and
discoursing
of
Rotas
,
and
Balloting
Boxes
,
and
which
of
their
Whimsies
,
and
ignorant
contrivances
would
best
make
a
Government
Committ
Perjuries
in
abundance
,
and
make
their
oaths
more
changeable
,
and
lesse
to
be
trusted
then
the
Wind
or
Weather
,
or
a
Lillies
Almanack
and
make
it
their
only
businesse
to
enslave
and
insult
over
the
people
,
and
Metamorphose
them
into
as
many
shapes
of
baseness
,
perjuries
,
Hipocrisies
,
dissembling
and
wickednesse
,
as
poverty
hope
of
gain
,
or
to
get
or
preserve
estates
,
(
though
it
be
but
to
have
Poliphemus
his
curtesie
to
be
last
of
all
ruined
)
fear
or
flattery
,
or
an
accursed
ambition
to
raise
an
estate
out
of
other
mens
miseries
,
could
perswade
or
draw
them
unto
.
That
the
taking
away
of
Tenures
in
Capite
&
by
Knight
service
,
is
not
desired
by
any
universal
or
general
Petition
at
all
of
the
People
,
that
not
one
in
every
20
of
those
that
are
concerned
,
&
hold
by
those
Tenures
,
nor
one
in
every
100
of
those
that
hold
by
other
Tenures
,
and
are
not
concerned
,
do
desire
it
.
That
the
injudicial
and
inconsiderate
desires
of
a
very
few
of
the
common
people
,
who
doe
sometimes
(
as
they
have
many
times
done
in
our
late
troubles
,
and
too
late
repented
it
)
out-do
Children
in
asking
Stones
instead
of
Bread
,
and
Serpents
for
Fishes
,
are
not
to
be
hearkened
unto
,
that
the
Surfets
upon
Liberty
,
are
many
times
very
dangerous
,
&
may
prove
as
fatal
&
unhappy
,
though
granted
or
asked
with
the
best
of
intentions
,
as
that
of
giving
great
Sums
of
money
to
the
Scots
,
in
the
begining
of
our
unhappy
Wars
,
&
calling
their
invasion
a
brotherly
assistance
,
or
that
of
giving
Liberty
to
the
long
Parliament
,
not
to
dissolve
without
their
consent
.
That
if
Augustus
Caesar
,
when
by
his
great
Prudence
he
had
put
the
broken
peices
of
the
Roman
Republick
,
which
was
Civilibus
Discordiis
lacerata
,
wofully
torn
with
civil
Discords
into
a
well
composed
Monarchy
,
and
blest
the
Empire
&
a
great
part
of
the
World
with
an
universal
Peace
,
could
find
no
better
a
way
to
fix
and
make
it
lasting
,
then
to
put
many
of
the
Souldiers
under
a
Gratitude
and
Concernment
to
love
and
cherish
it
by
giving
them
Lands
for
Life
or
Inheritance
to
engage
them
to
their
former
Duties
when
occasion
should
happen
,
which
saved
the
Charge
and
Trouble
on
all
sides
,
as
well
to
the
conquered
as
the
conquering
in
maintaining
Roman
Legions
made
up
of
a
Medley
or
Gallimausry
of
all
manner
of
Nations
.
It
cannot
now
be
good
when
the
long
lasting
Monarchy
of
England
hath
been
lately
and
lamentably
torn
into
peeces
to
make
up
a
Common-wealth
,
could
never
be
agreed
upon
to
alter
or
take
away
a
Course
of
constant
and
ordinary
defence
which
hath
been
for
so
many
Ages
past
the
happy
Support
of
this
Antient
Monarchy
.
And
that
it
could
not
have
been
any
bad
or
likely
to
be
unsuccessefull
Policy
,
but
a
means
of
an
Establishment
of
our
late
Souldiers
and
Controullers
had
in
the
Allowance
of
their
cheap
purchases
been
tyed
to
Tenures
by
Knight
Service
for
the
Defence
of
the
Kingdom
,
as
the
late
King
of
Sweden
was
to
hold
of
the
Empire
by
the
Treaty
of
Munster
.
And
if
that
Bracton
who
was
a
Lord
Chief
Justice
in
the
Reign
of
King
H.
3.
was
of
opinion
that
by
a
pa●tition
of
Earldoms
and
Baronies
,
[
](A54695-e39150-b)(a)
(a)
Bracton
lib.
2.
cap.
34.
deficeret
Regnum
quod
ex
Comitatibus
&
Baronijs
dicitur
esse
constitutum
,
would
ruine
the
Kingdom
which
is
constituted
of
Earldoms
and
Baronies
,
he
would
now
certainly
foresee
greater
Mischiefs
and
Inconveniencies
in
the
taking
away
of
Tenures
in
Capite
and
by
Knight
Service
,
or
changeing
them
into
Tenures
in
Socage
.
That
by
the
Civil
Law
,
that
universal
and
great
Rule
of
Reason
,
[
](A54695-e39190-b)(b)
(b)
Insti●ur
.
Justiniani
in
proaemio
.
Imperatoriam
Majestatem
non
solum
armis
decoratam
sed
etiam
legibus
oportet
esse
Armatam
ut
utrumque
Tempus
et
Bell●rum
et
pacis
recte
possit
gubernari
,
The
Imperial
Majesty
or
Power
ought
not
only
to
be
adorned
&
strengthened
with
Armes
&
the
power
thereof
,
but
with
Lawes
,
to
the
end
that
as
well
in
time
of
War
as
Peace
,
he
may
rightly
govern
.
And
that
therefore
we
may
well
tremble
and
shake
at
the
name
of
Innovations
,
and
desiring
to
find
the
way
again
into
the
old
Paths
of
Peace
,
Plenty
,
and
Security
.
Have
cause
enough
to
say
as
the
learned
Grotius
did
concerning
Holland
,
(
only
changing
the
word
Respublica
,
into
a
better
of
a
Kingdom
)
that
multum
debem●s
majoribus
nostris
qui
acceptam
a
primis
conditoribus
Rempublicam
per
se
egregiam
nostro
vero
ingenio
nostrisque
studiis
aptissimam
pace
servatam
bello
recuperatam
nobis
reliquere
,
we
owe
much
to
our
Ancestors
,
who
having
received
the
Common-wealth
,
which
is
excellent
in
it self
,
and
fited
to
our
Customes
and
manners
from
those
which
first
founded
it
,
and
left
us
to
enjoy
in
peace
,
what
they
had
recovered
in
War
,
&
nostrum
est
si
nec
ingrati
nec
imprudentes
esse
volumus
Rempublicam
constanter
tueri
quam
ratio
suadet
probant
experimenta
&
commendat
Antiquitas
.
And
if
we
would
not
be
ingratefull
or
unjust
wee
ought
to
defend
that
Kingdome
and
Government
which
Reason
perswadeth
us
unto
,
Experiments
approve
,
&
Antiquity
commendeth
.
Collapsa
ruent
subductis
tecta
columnis
.
FINIS
.
Notes, typically marginal, from the original text
Notes for div A54695-e220
Notes for div A54695-e1450
Notes for div A54695-e3190
Notes for div A54695-e5500
Notes for div A54695-e21560
Notes for div A54695-e23020
Notes for div A54695-e36190