Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	country_n	king_n	see_v	2,121	5	3.5281	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54695	Tenenda non tollenda, or, The necessity of preserving tenures in capite and by knight-service which 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 ...	Philipps, Fabian, 1601-1690.	1660 (1660)	Wing P2019; ESTC R16070	141,615	292

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 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 that non minime erit regno accommodum ut Incolae

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 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 when William the Conquerour fortified Dover a strong and principal Bulwark betwixt England and France with whom we had then continual Wars or Jealousies and gave to Iohn Fines then a Noble Man of great prowesse and fidelity the Custody of that and the rest of the Cinque-Ports with 56 Knights Fees willing him as that Learned Antiquary Mr. Lambard tells us to communicate some parts of that gift to such other valiant and trusty persons as he should best like of for the more sure conservation of that most noble and precious Fort and Castle Who thereupon imparting liberally out of those Lands to eight worthy Knights viz. William of Albrance Fulbert of Dover William Arsick Geffery Peverel William Mainemouth Robert Porthe Robert Crevequer and Adam Fitz-Williams bound them and their Heirs by Tenure of their Lands received of the King to maintain 112 Souldiers amongst them which were so devided by Months of the years as five and twenty of them were continually to watch and ward within the Castle for their several parts of time and all the rest ready upon necessity each of which eight Knights had their several Charges in several Towers and Bulwarks and were contented as well they might at their own dispence to maintain and repair the same Of whom diverse of the Towers and Bulwarks do yet or did but in Queen Elizabeths reign bear their names No inconvenience or mischief to the publique that the Castle and Barony of Abergavenny in Monmouthshire was holden by John Hastings per 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 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 twelve of their Burgesses or Towns-men with their King to War and qui monitus non ibat centum solidos Regi emendabat he which was summoned and did not go was to forfeit pay one hundred shillings to the King And cum contra Hostes per Mare ibat Rex quatuor Botesuenas vel quatuor libras denariorum mittebant when the King should bo by Sea against his Enemies should furnish four Boat-Swains or Marriners or send four pounds in money No harm done to give Lands at Seaton which Sr. Richard Rockslye Knight did hold by Serjeanty to be vantrarius Regis the Kings fore-footman when he went into Gascoigne donec per usus fuit parisolutarum precij 4d untill he had worn out a pair of Shoes of four pence then the price of a pair of Shooes for a worthy man not 4 s. 6. or 5 s. as they are now Or Lands to another to furnish duos 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

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 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 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 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 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 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 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 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

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 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 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 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