Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	bind_v	law_n	nature_n	1,568	5	5.4669	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54682	The antiquity, legality, reason, duty and necessity of præ-emption and prourveyance, for the King, or, Compositions for his pourveyance as they were used and taken for the provisions of the Kings household, the small charge and burthen thereof to the people, and the many for the author, great mischiefs and inconveniences which will inevitably follow the taking of them away / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1663 (1663)	Wing P2004; ESTC R10010	306,442	558

by his own finger or spoken by his own mouth give all the Nations of the Earth a pattern or direction for Pourveyance and gratefull acknowledgements in his reserving the Tenths or Tithes for his Priests or Clergy notwithstanding their Glebe and 48 Cities with the Pomaeria's or Lands belonging unto them and their shares and parts out of the multitudes of Sacrifices with many other Fees and Priviledges which were for a further support and provision for them great offerings of Oxen Silver and Plate brought unto the Tabernacles by the Princes and the Heads of the houses of their Fathers which God himself directed Moses to receive and dispose amongst the Levites and the offerings at the Feast of the Passeover which later if not brought were to be very poenal to the refuser in being to be cut off from his people their Offerings and Free-gifts and First-fruits and that which was brought by Gods direction as a Pourveyance for the building of the Tabernacle which was then the only Church Which our fore-fathers the Britans as well as the Saxons had so good a mind to imitate as they did in the Feast of St. Martin yearly offer to the Church for their Ciricksceat or contributions to the Church certam mensuram bladi Tritici a certain measure or quantity of wheat and at Christmas gallos gallinas Hens and Cocks which in a Synode or Councell holden in Anno 1009. at Aenham in England were interpreted to be Ecclesiastica munera contributions to the Church and long before that established by a Law of King Ina's under a great penalty and by a Law of Canutus long after laid under a greater penalty of eleven times the value of the Bishop and two hundred and twenty shillings then a very great summe to the King And it may be remembred that our Saviour the blessed Son of God whilest he was upon Earth and was the Messiah or King of Israel long before prophecied and to ride as a King in a kind of triumph into Jerusalem and would not use unfitting or unjust wayes and means unto it did send two of his Disciples for a Colt or Foal of an Ass to ride upon with no other answer or satisfaction to be given to the Owner but that the Lord hath need of him and streight way he will send him hither which a learned Commentator upon that place understands to be some exercise of a Kingly power to convince the stubborn Jews of his Kingly office But if the Royall Pourveyance or Compositions for them shall be so unhappy as not to be able to grow or prosper upon the Stocks of gratitude or those every daies benefits quae magna accipientibus ac etiam dantibus which are great to the receivers if rightly valued and great and costly to the givers which the people of this might be fortunate Island have for those many ages and hundreds of years past had and received of the Kings and Monarchs thereof The contracts and agreements made with the several Counties for the Pourveyances their willing submission thereunto if the King had no former right as he had a sufficient one thereunto can no less then induce an Obligation that naturalem rationem honestatem naturalem juris fidei vinculum quibus necessitate omnes astringuntur natural reason and honesty with the Bonds and Tyes of the Law and common faith which ought to be in every man and one unto another And being the great Peacemakers cement and quiet if observed as they ought to be in all the affairs of mankind brings with them or are to enforce a necessity of performance But if the obligations which the faith and contracts of one man to and with another which generally binds the most rude and ignorant of mankind and the Heathen as well as Christian shall not be able to make any impression upon us Or if Gratitudes Duties and Retributions to our King and Common Parent can by any rules of Law or Reason be interpreted or understood to be no more then a Custome All the subordinate ranks and degrees of the People and Subjects of England might be perswaded to follow the counsel given by the blessed Redeemer of Mankind which the Emperor Severus and some of the Heathen Roman Emperors by the only light of nature could as if they had read his Gospels propose afterwards almost in the very same words of Doe unto others as they would have others doe unto them and believe that the legall priviledges and customes of the King in his Praeemption Pourveyance or Composition for his Houshold who gave or confirmed unto them all their Priviledges and Customes being rationabiles and by the Civil Law are unde●stood to be legitime praescriptae most reasonable and lawfully prescribed or used when they are bona fide and but for forty years and ought to be inviolabiles quia nec divino juri nec legibus naturae Gentium sive municipalibus contradicunt inviolable when they contradict not the Laws of God Nature and Nations and the Laws of the Land neither are nor can be any grievance but are justly due unto him as he is their Supreme when as it was well said by Judge Barkeley in his Argument in the Exchequer Chamber in the Case of the Ship-money unhappily there put to a dispute the whole Realm is but one body whereof the King is the head and all the Members doe center in that body and if one member epecially the head do suffer all the rest will suffer with him and though every man hath an Interest in the Common-wealth yet the Kings Interest is incomparable and beyond all others And the Compositions for the Pourveyance being not only a duty and a custome now above 88. years reckoned but from the 3. year of the reign of Queen Elizabeth which was the time of the first agreement or compositions for the most of the Counties of England and Wales to the death of King Charles the Martyr and from his death to the restauration of Charles the second his Son our gracious Soveraign in the twelfth year of his Reign will yeild no less a Totall of years then one hundred which is justly accompted to be a time immemoriall or beyond the memory of man and makes a more warrantable prescription and ground of Title then that in King Henry the seconds Reign tempore Henrici Regis Avi in the time of King Henry the first his Grandfather or post coronationem suam after his own coronation or post ultimam transfretationem in Normanniam after his last going over into Normandy or that in Henry the thirds time post ultimam transfretationem in Britanniam or that time of Limitation by the Statute of 32 H. 8. ca. 2. of 50 years for bringing of Writs of Right and Formedons c. And in the Kings case being a greater Epocha period or account of time must needs be the best of Prescriptions

Roturiers des Villes non Franches Bourgs Villages a proportion des biens du Taillable sans qu ' il ait estè besoin d' asembler les Estats pour ce suiet those kind of Taxes are paid by the third Estate or Commonalty that is to say by the Inhabitants or common people of the Towns and Boroughts not infranchised or freed from it by the King according to the proportion of their goods or moveables without any assembly of the Estates to that purpose except in Languedoc Provence Burgogne Daulphine and Brittaine where when the King and his Councel have resolved what the Tailles shall be les terres immeubles seulement sont Taillables the lands and immoveables only are tailleable and their near friends the Scots did long agoe so well like of gratitude as they enacted and held it to be a good Law that Lands holden in few Ferme pay and ane certain zierly dewty nomine Feudi Firme may be recognosced be the Superior for none payment of the few dewtie and that twa maner of waies the first ex provisione naturae contractus by operation of law and the nature of the contract for the few Fermorer not pay and his few Ferme for his ingratitude and unthankfulnes Tinis and forfaltis his few Ferme be the disposition of the Law quhilk as zit was not in practique and use in Scotland And the English Landlords were so unwilling to part with any priviledges which brought them in any power gain or profit as where they held any of the Kings antient Demesnes in Fee Farme and the King did cause his antient Demesnes to be Tallied the Lord or Fee Farmer under him would sue forth the Kings writ commanding the Sheriff that in case the lands were auntient Demeasne hucusque consueverit Talliari and was untill then accustomed to be Tallied that rationabile Tallagium ei habere faceret de libere Tenentibus suis in manerio praedicto sicut prius fieri consuevit he should cause the Freeholders of the said Manor to pay unto their Lord such reasonable Tallage as was accustomed And with as much or more reason were the Pourveyances or Compositions for them allowed and established as the hitherto never complained of in Parliament or accompted to be grievances Herezelda Herriot services or Herriots which Skene an Author of great authority amonst the Scots defineth to be gratuitae donationes quae ab husbando seu agricola datur domino suo ratione dominij reverentiae the free gifts or remunerations of the Tenants to their Lords in the reverence and respect which they bear unto them Which the Hollanders those grand contesters for Liberties doe call Laudemia and notably increase their small Revenues in lands with them And in England saith the learned Spelman Non nisi post mortem husbandi solvitur is only paid after the death of the Tenant and differs from a Reliefe for that a Reliefe is in case of Inheritance but an Herriot in a lesser Estate as for life c. and being formerly and in the Saxon times of a greater value by the giving or paying to their Lords Shields Swords Spears Helmets Horses furnished and money according to the several qualities and estates of the Tenants have been since by the example and indulgence of our Princes imitated by the Nobility and Gentry reduced to the best horse or beast and if none to the best houshold stuffe but so greedily attached or seldome remitted by the Landlords as the poor mans single Ewe Lamb in the parable of the Prophet Nathan to David or a Cow which should give the lamenting Wife and Children some nourishment and sustenance are seldome able to escape their Bailiffes or such as are sent to fetch them And if it be reason for the people to make such payments and contributions and observe such respects to their Landlords and subordinate Governors or Superiors as much and greater surely ought they to pay unto their Pater Patriae the protector and defender as well of those that receive those duties as of those that pay them and are and should be enough to awaken and rouze up their gratitudes and imprint in their memories the never enough to be requited benefits and blessings received by our Kings and Princes as much as if with a forfeiture upon the not doing or observing those Agreements they had been as strongly annexed and incorporated into our Lands and Estates as that of the Service or Conditions of Lands given to hold by the Tenures of Knight service which as some Civilians hold ipsi sanguini cohaerent are inherent in the very blood of the Tenants which being the most noble gentile rich and better sort of the people were when the Pourveyance was in being the most fit and likeliest to be charged with the Payments or Contributions towards it and were therefore in several Kings Reigns sometimes singly and often charged with publick Ayds or Taxes and very much more then other of the people as twenty shillings for every Knights Fee granted by Parliament to King Richard the first six and twenty shillings eight pence for every Knights Fee to King John and as much at another time to him towards his Warres in Wales twenty shillings upon every Knights Fee towards his Voyage into Normandy and forty shillings at another time and as much twice assessed in the Reigns of King Henry the third towards his Warres in Gascony twenty shillings upon every Knights Fee by Henry the fourth the Warres in Scotland by King Edward the first and Edward the second and of France by King Edward the third and the personal and chargeable services of most of the Nobility and Gentry therein probably procuring them some relaxation of not having their Fees or Lands so charged as formerly And besides other incidents belonging thereunto are by the Fewdists said to be so more then ordinarily tied up unto gratitudes and the more especiall duties and obligations thereof as such a Tenant forfeits his Lands in Fee Si percipiat magnum periculum domino imminere ultrò sine requisitione servicium non offert if he perceived any danger imminent or likely to happen to his Lord and did not of his own accord offer his service to prevent it or if his Lord were a Captive or in prison ought to contribute towards his redemption or if he should happen to fall into distress was to relieve him as farre say some of the Fewdall Laws which by stipulation or paction being not at the first agreed upon or included in the General words of defending the Lord and his Dignity was with many other their gratefull observances afterwards particularized and deduced from such customes as gratitude only had in process of time introduced and as much as amounted unto the Moiety of one years Rent or si dominum in acie periclitantem deseruerit if he left his Lord in the field and was ingratefull And by our Laws of England if

and the greatest of Customes because it was not gained as most of the peoples Customs or Prescriptions were the best of which had no other originall then the continuance of favours of those that bestowed and permitted them to be enjoyed or a neglect of taking or calling for duties untill time had over-run and covered them with that which is now called a Custome or Prescription but were established by a threefold obligation composed of a Right or Duty a very antient Custome backt by the Lawes of God Nature and Nations and a Contract made and continued by the people to their King built upon the best and greatest of considerations which the Prophet David in the 15 Psalm if it had not been beneficiall but to some loss or damage adviseth not to be broken And merited the bettter observance in that Queen Elizabeth did but the year before call into her Mint and reduce unto pure silver the monies which her Father King Henry the eighth had so much debased with a mixture of brass as it was scarcely half the value in silver which made the price of commodities so much or a great deal the dearer and by her Edicts did all she could to bring down the prices in the Markets which then began to swell more then there was any cause for and in her composition and agreement with many or most of the Counties of England and Wales the next year after did but accept of what then they understood might as the learned and judicious Mr. Camden hath informed us justo pretio at a reasonable or Market rate be well afforded And the Lords of Manors who according to the several customes thereof think it not unreasonable to enjoy their Chevagia or Chiefage which Cowel takes to be pecunia Annu● data potentiori tutelae patrociniique gratia a small yearly payment paid by Tenants as acknowledgments for favours and help received or to be received and take their reliefs of their Tenants in Socage in some places by custome a years value and in some but half as much and in others more according as their customes vary the least of which in value of money doth twice exceed what it amounted unto formerly enjoy their Free Warrens and Fishings with many other Priviledges and immunities by Grant or Prescription and with the Yeomanry and lower ranks of people can be content to claim the benefit of their Customes de non decimando of paying no Tythes at all for Lands formerly belonging to the Cistercians Knights Templers Hospitlers or Knights of St. John of Jerusalem or of a modus decimandi of paying but a penny or some little yearly summe of money in lieu of all Tithes and make an inheritance of the greatest part of 3845 Impropriations with the Smoke-pennies or Peter or Chimney pence which being formerly paid unto some Abbies and Religious Houses and coming afterwards to the Crown in the Reign of King Henry the eight and granted out again by him are in many places as Appendants unto some Manors paid unto this day And think it no grievance to enjoy them and many other priviledges which wereby Grants or Exemptions by Papal Constitutions designed to Religious and not any Lay uses And the customary services of their Tenants to repair wayes and Bridges contribute to the maintenance of a Priest or Preacher or to the marriage of poor Maids or to carry Milstones some miles distant to their Milnes to doe suit of Court or be Butler Baker or Carver at some Festivals and can notwithstanding all the sometimes tedious Suits in Law of their Tenants who hold by Fines incertain and their complaints cram'd in a great purse made of many little ones attended with staves and ill-smelling shoes and feet travailing for relief to Westminster Hall and the superior Courts of Justice with store of out-cries of grievances and oppressions filling every Alehouse they come in with the lamentable tediously told stories of that which they doe many times but guess to be like them raise their Fines for admittances unto two years present value which amounts unto sixteen or twenty times as much as the antient value and demand and take ten or thirteen shillings an Acre to reduce the Fines incertain to a smaller certainty Can take the Optimum Animal or best horse or beast for a Herriot at the death of their Tenants when it exceeds the value of as much as 40 or 50 or 100 to one of what it was at the Conquest when it was reduced from a greater to that lesser rate and within a month or less after take as much as they can get for an Admittance of the Widdow or Heir of the deceased which in Copihold Estates differs very Little from a Relief and in some places as in Cumberland Westmerland and some adjacent Northern Counties compel them besides their formerly perilous enjoyned services annexed to their Lands to be ready night or day to repell the incursions of their plundering and unruly Scottish Neighbours to pay a thirtieth penny after the rate or assise of their old rents upon every Alienation and a twentieth upon the death or change of a Landlord which were formerly more easie and have been since only raised to those higher rates in regard of a greater value since put upon lands houshold provisions and commodities should not murmur at the small oblations which in no burdensome great or general contributions are to be made unto the King for the maintenance of himself and his Royal Family And the Copiholders who can when they please think themselves happy in their customes of Fines certain which patientia charitate in jus transi●runt crept by the charity and sufferance of their Landlords into that which they doe now call Tenant rights when as the lands which they do now hold is in the improved yearly value ten or sixteen or twenty times in many places more then the former yearly value and are by so much beyond the intention either of the Lords or Tenants the Grantors or Grantees when those Fines certain were at the first set or accepted and in those Tenant Rights as they call them and many of their Customes have in many places large Pastures and Meadows of many Acres yearly thrown out at Midsummer or the first day of August or some other time in the Summer or latter end thereof for a Township to inter Common for three quarters of every year or some months and in some places have Common belonging to their Copyholds for paying to the Lord of the Manor yearly as in Grayes Case in Hil. 37 Eliz. a hen five eggs much increased in price since that collateral recompence as it was in that case resolved to be was first taken continued and preserved unto them by the care of the King and his Laws by Inquiries formerly in the Eyres or Circuits de novis consuetudinibus levatis if any oppression or new customs were imposed by their Lords and no sooner complained

the Messias be come and not finding him as they supposed to be come the King returns riding upon that Elephant which he prepared for the Messias to ride upon And untill those daily growing and dangerous Evils and sins of pride and luxu●y which have undone the greatest of Empires and Kingdoms ruined the Brittaines by the Saxons and the Saxons by the Danes and Normans shall be curbed and redressed there needs no petition to be made for an assent or subscription to this known and sadly experimented truth That there is a great want of money and it is not any plenty of money which makes such an enhaunce of the rates and prices of houshold provisions and of all other things to be bought or sold but our pride begetting an ungodly selfishness and pride and self interest begetting all manner of cheating to maintain them which have brought those evils of evils upon us and made those miseries wants are so every where complained of and have destroyed all honesty friendship obedience and taught the people by such wicked necessities and imitating one anothers good success by their evil actions to run over all Laws and penalties that can be threatned or laid in the way and that the King having no Elixir or means to transmute all the mettals in this Kingdom to an infinitum of Gold and Silver to furnish the vanity of the peoples expences there must in so universal a prodigality and profusion as is in the Nation be●yond the reach and compass of the peoples means and estates when a Bricklayer must wear silk Stockings and his wife a Whisk of four pounds p●ice and an Alewoman if she hath turned up the D●vel Trump and be but a little beforehand will think her self not well apparelled if her Gowns be not of silk or bedaubed with Gold or Silver Lace every ordinary mans house must be furnished with one peece of plate if not many more the weighty Silver money be melted down into Plate and all or a great part of the Bullion and Foraign coyns exported as soon as they are imported needs be a want of money and that when Kit or Christopher Woodroofe a rich Citizens son in the later end of the Raign of Queen Elizabeth marrying the daughter of a great Lord of this Kingdom which wore a Silver Legg in stead of a better which had been cut off to prevent a greater mischief by a Gangreen had a mad and strange custome to throw his shillings upon the Thames to make them in the language of the Boys to dive and leap as Ducks and Draks it was no marvail that he was many times when he wanted money necessitated to steal his wives silver Legg in a morning before she was up and pawn it And that the Tyranny and Tricks of Trade oppression of the Markets and the arbitrary power which the people take to impose high and unreasonable rates and prices one upon another which exceeds most of the evils imaginable in a time of peace do make a great addition to the poverty of the Nation too many of whom do make their own burdens and complain of them when they have done and may be eased themselves if they would but ease others And that as the people of Florence do more cheerfully endure those many great Taxes and Burdens which the grand Duke imposeth upon them because by a Banda or rule for the rates and prices of victuals and houshold provisions so as those which are sent to buy cannot be cheated or injuried they enjoy such a cheapness as makes them a recompence the people of England would not take their Taxes and Assessements for the publike to be much or any great burden if by reducing the Market prices and rates to a reiglement intended by our Laws they might not so much cozen and oppress one another but be the better enabled to live cheapely and to pay them CHAP. VIII That it is the interest of the people of England to revive again the Ancient and legal usage of his Majesties just rights of Praeemption and Pourveyance or Compositions for them ANd now that the lines from all the parts of the Circumference of this discourse concerning the lawfulness and necessity of the Royal Praeemption and Pourveyance or Compositions for them are met in the center or conclusion of it every man that is not over Byassed by his own conceit or prejudice or carryed into an obstinacy or uningenious resolution not to alter his opinion or obey so great a truth because he once thought or said or declared otherwise will I hope be so far perswaded by the light and rules of right reason as to understand that Praeemption which is founded upon the Laws of Nature and Nations hath been as ancient a custome in the world as that of Civility and good manners and lived here in England the age of Methusalah is an ancient and undoubted right of the Kings and that the Royal Pourveyance or respects to be paid in that particular from subjects to their Kings and Princes for the supportation of their honor may well deserve an approbation when the Laws of God and the Laws of men and the Civil Common and Canon Laws have not denyed it And the Laws and customs of Nations have made it as common and necessary as the use of houses fire and water and Arms for offence and defence uncovering or bowing of the head in sign of reverence wearing of Shoos or Sandals for the defence or safe-guard of the Feet or any thing else which hath met with a customary and universal approbation and have so prevailed with most of the rational inhabitants of the world as the people of Japan who howsoever they be averse to many of the customes of other Nations as to delight to have their Teeth●black when others do desire to have them white mount their horses on the right side when as we and many other Nations do on the left do not as we do uncover their heads in saluting each other but onely untie some part of their Shoos or Sandals nor do arise to any which do come to salute them but sit down are notwithstanding unwilling to come behind other Nations in the duty of Pourveyance and honor of their Prince which may induce us to subscribe to that common principle of Nature and Nations that there is and will be a necessity of the Royal Prae emption and Pourveyance or Compositions for them and that there is a noble use of them Nor to think it burdensome when as what the Country looseth by their Compositions or serving in the Kings provisions after his rates or by his Cart takings do not every yeer one with another amount unto so much as the Papal impositions which before the raign of King Edward the sixth were Annually laid upon their fortunes and estates or drawn beyond the Alpes by Romes artifices Or that it is the duty which every man owes to God and his King and Country and the good