THe King will upon occasion of Warr want I the obligations and service of his Nobility and Gentry which hold in Capite.

Their Homage, which is the Seminary and Root II of the Oath of Allegiance.

The Education of the Heirs of persons disaffe­cted III which hold in Capite, when they shall be in ward or minority.

[Page 2]His Tenants will be the more enabled to alienate IV their Lands to his Enemies, or such as are disaffe­cted, which common persons in their Leases one to another do usually prevent and prohibit.

Provision for maintenance, education and por­tions V for younger Children, care of payment of Debts, preservation of the Wards estate, Woods, and Evidences, will be neglected.

Finding of Offices after the death of the An­cestors, VI extents of Mannors and Lands, a light to Titles and Discents of Lands, and recovery and making out of Deeds and Evidences laid aside.

Genealogies and Pedigrees darkened, and De­scents VII not at all to be proved.

Contention concerning the rights of Guardian­ship VIII encreased and multiplyed.

The Mothers of Fatherless Children in their mi­nority IX made the Guardians, & permitted to sacrifice the children of the first husband to the spoil and in­terest of a Father in Law and his second Children.

Or make them to be a prey to the kindred of X the Mothers side, who will neither be so kinde or carefull as those of the Fathers.

Or to Trustees, Executors, or Administrators, XI who are too many of them dayly experimented to be false to their Trusts, and may be as bad in their Guardianships.

There will not be so good a means as for­merly XII for the preservation of the Wards Estate from false or forged Wills, fraudulent Conveyan­ces, and other Incumbrances.

Nor for preventing of the Heires of Te­nants XIII in Capite to be disinherited by Heirs by second [Page 3] Ven [...]ers, forged Conveyances or Wills, fre­wardness of an aged Father or cunning of a Step­mother.

In Socage and that ignoble or Plow-Tenure there XIV will not be that ready defence for the Kingdom as in Capite and by Knight-Service.

All the Antient Baronies which are annexed XV to antient Earldomes and Baronies, and the newly created Baronies being by Law and the signification of the words, a Complexum of honorary possessions belonging to Earls and Barons, aswell as of the ho­nour and title residing in their persons, cannot now be properly called Baronies, and he that was a Baron before will in a strict interpretation of the Feudal Laws, from whence they had their beginning, be no more nor no better then a Soke-man.

Alter and disparage the fundamental and ancient XVI constitution of Peerage, by making them to hold in Socage, which no Baronies in the Christian World ever did, or can be found to do.

The antient Earls and Barons who hold as XVII Tenants in Capite and per Baroniam, as the Earl of Arundell, who holdeth by the Service of Eighty four Knights Fees, and the Earl of Oxford by thirty, & many others may be greatly prejudiced.

The Nobility and Gentry of England will XVIII by the taking away of their mesne Tenures by Knight-Service be disabled to serve their Prince as formerly, or bring any men into the Field.

The Subjection and Rights of the Bishop of XIX the Isle of Man, who holdeth immediately of the Earl of Derby, will be taken away.

The profits of the Kings Annum▪ Diem & XX [Page 4] Vastum will be lost or greatly disturbed, and his and the Nobilities and Gentries Escheates, which as to a third part of that which is holden in Capite or Knight Service could not before have been conveyed away, will be in no better condition.

Our Original Magna Charta (which is holden XXI in Capite) and all the Confirmations of the English Liberties, Franchises of the City of Lon­don, and many other Cities and Boroughs which before 9 H. 3. did use to send Burgesses to Parlia­ment will be enervated.

Destroy or weaken the antient Charters of XXII the City of London, for what (except their Court of Wards or Orphans) concerns their Cu­stoms and Husting Courts.

Put into fresh disputes the question of Pre­cedency XXIII betwixt England and Spain, which be­longeth to England, in regard it holdeth of none but God, and hath Scotland, Ireland, and the Isle of Man holding in Capite of it.

Not well agree with the honour of England XXIV and the Monarchy and Superiority thereof to have the Isles of Garnesey and Jersey, which are a part of Normandie, to hold of the King by Feif ro­turier, or the Principality of Wales and the Isles of Wight and Man to hold in Socage.

Damnifie all the Nobility and Gentry in their XXV mesne Tenures, in which they have a propriety which our Magna Charta, and a greater then that, twice written by the finger of God himself, do with­out a crime forfeiting it, or a just consideration or re­compence for it, (which a relaxation of their own Tenures and Services will not amount unto) forbid to be taken away.

[Page 5]Prejudice the Families of Cornwall, Hilton and Venables, who are called Barons, as holding per Ba­roniam, though not sitting in Parliament. XXVI

Bring a dis-repute upon the Esquires and Gentry of England, whose original was from Tenures by Knight-Service. XXVII

Take away a great part of the root and foun­dation of the Equestris Ordo which was derived out of Tenures in Capite. XXVIII

Blast and enervate the degree of Baronets.

Take away the cause of the eminent degree of Banneretts. XXIX

Make our heretofore famous Nation in Feats of XXX Arms and Chivalrie to be but as an Agreste genus hominum, or a race of Rusticks like the Arcadians. XXXI

Take away or weaken all the Mannors and Court Barons in England, which were derived or had their original from Tenures in Capite. XXXII

Turn Tenures in Capite, which from the Duty of Homage and acknowledgment of Soveraignty XXXIII were so called, into a Tenure, which by on­ly acknowledging a Fealty for particular Lands which they hold is but à Latere, and no more then what one man holding by a Lease for years is by Law bound to do to another.

Release the aid of the Maritime Counties and Ports in case of Warr and Invasion. XXXIV

Extinguish the Duties which every Hundred upon the Sea Coasts do owe in that which which was cal­led XXXV the Petty Watches.

Discharge the Mises or Payments which in Wales and Cheshire are due to the Kings of England at their XXXVI Coronations.

[Page 6]Indamage the King in his other R [...]galities, as in XXXVII the Cinque Ports, finding fifty ships upon occasion of Warr, and many reservations of Honor and profit upon Tenures in Capite, Knight Service, and Socage in Capite, which if revived and well looked after would almost raise an Army and furnish a great part of the Provisions thereof.

The King upon occasion of Warr shall never be XXXVIII able to erect his Standard, but will be left to hire and provide an Army out of the Rascal [...]ity, faithless, unobliged, rude, deboisht, necessitous, and common sort of people.

If a Warr should break forth before a Rent-day XXXIX or Excise money can be gathered, will never want misfortunes and distresses, and the King thereby fail­ing of an Assistance at Land may loose also the help of his Navy at Sea.

May have his Money and his Rents seised, as XL his late Majesties Magazines and Rents were in the beginning of the late Warrs.

Can have no manner of assurance in a Sedition XLI or Commotion of the people that men will for a small pay adventure their lives and limbs for many times no better a reward then the lamentable com­forts of an Hospital, and the small charities and al­lowance usually bestowed upon maimed Souldie [...]s.

Destroy the hopes of the Bishops ever sitting a­gain XLII in the House of Peers as a third Estate, or if re­stored to those their just rights, so weaken the ground and foundation of that most antient Con­stitution, as they may again be in danger to be dive­sted of them, which the inconveniences of prescri­ptions interrupted, and Customs altered, may per­swade us to take heed of.

[Page 7]Disable the King and his Successors from recover­ing XLIII Forreign Rights, succouring Allyes, and making an Offensive or diversive Warr.

Shake or dislocate, if not take away that great XLIV Fundamental Law and Ancient Constitution of the Baronage and Peerage of England, and their Rights of Sitting in the House of Peers in Parliament, who sit there as Tenants in Capite and per Baroniam, and are summoned thither in fide & homagio, in the faith and homage by which they are obliged, which Pro­viso's not always arriving to their ends or intentions, or a Saving of the Rights of Peerage, of Sitting in the House of Peers in Parliament, will not be able to insure or give them a certainty to be left in as good a condition as they were before.

Disfranchise the Counties Palatine of Lancaster, XLV Chester, Durham, and the Isle of Ely, which relate unto Palaces of Kings, (not Plows,) and are no where in the Christian world to be found holden by any other Tenure then in Capite.

Make our Nobility and Gentry to hold their XLVI lands by no better Tenures then the Roturiers or Pay­sants of France do theirs; and in Socage, which, as Sir Henry Spelman saith, Ignobilibus & rusticis competit Spelmans Glos­sar. 261. nullo feudali privilegio ornatum & feudi nomen sub recenti seculo perperam & abusu rerum auspicatum; belongs only to rusticks and ignoble men, and be­ing not intituled to any feudal priviledge hath of late times improperly and by abuse gained the name of Fee.

Loosen the foundation of such ancient Earldoms XLVII and Baronies as have been said to consist of a certain number of Knights Fees holden of them.

Hazard the avitas consuetudines, ancient Rights XLVIII and Customs belonging to Tenants in Capite and by Knight-Service.

Take away, or lessen, as to the future, the fame XLIX and honour of the Nobility and Gentry of the En­glish Nation, which in feats of Chivalrie (not Soca­gerie) extended as far as the Roman Eagles ever flew, and had no other bounds then the utmost parts of the earth.

Render them in Tenure, and that which at first L made them by their virtue and imployment, Supe­riors in degree, aswell as in their Lands and Reve­nues to the common sort of people, to be in that par­ticular but as their equals.

Will not be consistent with the honour of Eng­land, LI to have Tenures in Capite and by Knight-Ser­vice retained in Ireland, and Scotland, and not in England; and to lessen the honour and strength of the English Nobility and Gentry in England, by re­ducing their mesne Tenures into free and common Socage, whilst the better and more Noble Tenures in Capite and by Knight-Service shall be enjoyed in those inferior and dependent Kingdoms.

Or if taken away in Ireland, and reduced into free LII and common Socage, will in all probability meet with as many inconveniences as the like may do in England, and lose the Kings of England that Service which by reason of the Tenures in Capite was al­ways in a readiness, and made use of by their Pro­genitors upon all occasions of War and necessity, as well in England as Ireland.

And if the like shall be done in Scotland, where LIII the people, too much accustomed to infidelity and a [Page 9] Rhodomontading, where they are not resisted, are best if not only to be Governed by their de­pendencies upon their Superiors and Benefactors, and holding their Lands by Military and Knight-Service, (as that Kingdome it self doth in Ca­pite of England, as it was stoutly asserted by our King EDWARD the First and His Baronage of England;) there will happen such a dissolution or distemper of that body politique as will ex­ceed all or any imagination before hand, and the inferior sort of people will by such an alteration of their Tenures be like hunger bitten Bears, let loose to as bad if not a worse kind of levelling then our Phanaticks would not long ago have cut out for the three Kingdoms of England, Scotland, and Ireland, now happily conjoyned under their rightful King and Soveraign.

Will greatly derogate from the honour of the En­glish LIV Nation, and make them who excelled in their Laws and Constitutions all or most of the Nations and Kingdoms of the Christian world, and had more of right reason in them; to be as a reproach to other Nations, and seperated from the use of those ancient and Regal Rights, Customs, Powers and Regalities which all Monarchies in Christendom do use, and will be as inconsistent with the honour of England as it would be to have their Kings, in a complaisance of a troublesome and unquiet part of the people, not to be Crowned nor Annointed, not to use a Scep­ter, or have a sword born before Them, not to make Knights, or not to do it in the ancient and usual manner, which the Kings of other Nations and Kingdoms have ever done and enjoyed; or to [Page 10] have the Earls of England (as if they were only Comites Parochiales, Governors of Villages, men­tioned by Goldastus, or Dijck Graven; or men of small honour in Holland, appointed to look to their Sea-banks) not to wear their Circulos Aureos, Coronets of Gold.

Will not accord well with the Rules of Justice to take away Knights Fees or Tenures by Knight-Ser­vice LV from the mesne Lords without a fitting Recom­pence.

But break the Publique Faith and Contracts of those that hold of the King or them. LVI

The recompence of 150000 l. per Annum, will not be adequate to the loss of the Tenures in Capite LVII and by Knight-Service, which nothing but the Kingdome of England it self can balance; and which the King of France, or the King of Spain, in their several Dominions, would not for an yearly Reve­nue of many hundred thousand pounds part with, but would think it no bad bargain to be re purcha­sed after the same or a greater rate.

It will be as unsafe as unusual, to turn into a Rent that which was intended for the defence of the King­dome. LVIII

And to charge all mens Lands with recompence to be made for it, will be against Justice, Equity, and LIX Reason, and make nineteen parts in twenty of the people, to bear the burden of the twentieth.

Or if by Excise upon Ale & Beer, will do the like, & lay the burden of the rich upon the poor, & extend LX it to Children, Servants, Day-labourers, Coblers, Apple-women, and all manner of the lowest ranks of people, which are as unlikely to be Tenants in [Page 11] Capite as all the Colledges in the Universities, and Hospitals of England are, whose expences will be also enlarged by it.

Will be a seminary and complication of Grie­vances. LXI

May be afterward legally taken away by Petiti­ons to Parliaments, or illegally (which God for­bid,) by an Insurrection or Mutiny of the common people as in Naples, France, &c.

Will not be an honourable Revenue, nor ever LXII be well setled without the help of Garrisons, Troops of Horse, and Companies of Foot.

The people will be double charged by the Brew­ers LXIII and Ale-men, and inforced to pay 250000 l. per Annum, for 150000 l. per Annum.

And whether Excise, or not Excise, the King, LXIV when the Tenures shall be taken away, and Ship­money shall be denied him, because as Mr. St John argued in the case of Ship money, he had the Te­nures in Capite allowed for the defence of the King­dome.

Or the miseries of an actuall War shall over­whelm or oppress Him, shall be told as His Royal Father was by that part of the Parliament which sate at VVestminster in 1642. That He ought not to put in execution His Commissions of Array, because His Tenures in Capite were for the defence of the King­dome.

And that by several Statutes and Acts of Par­liament in the Raign of King E. 3. it shall be said that he is restrained not to Imprest Hoblers, which were as our Dragoons, or Archers, or Foot-men, who are thereby not to go out of their Counties but in [Page 12] case of necessity and coming in of Forreign enemies.

Or shall have need to succour His Allies, make a diversive War, or embroyl an Enemy, shall be an­swered, That they are quit of all Services but the holding their Lands of Him, by doing of fealty, which they will be apt to interpret according to their Interest, the humor of their faction or party, or as their designs or better hopes in a change shall di­rect them.

Must be enforced for the safety of His people, if the Tenures shall be taken away, to raise and main­tain a standing Army.

And a standing Army, and standing Assesments LXV to maintain it, will be certainly more prejudicial and chargeable to all the people in general, then that which without any ground or reason, the Tenures in Capite have lately been supposed to be to any in particular.

It will derogate from the honour of the King, LXVI who is Pater Patriae, not to be trusted with the pro­tection of Orphans, so much as the Dutch, who have a Court of Orphans.

Or as the City of London, who by ancient Cu­stom have an absolute Court of Wards, called a Court of Orphans, which may by overthrowing the Kings Court of Wards come under the like fortune.

Be a means to defraud Creditors and Purchasers, who cannot for want of Offices or Inquisitions found LXVII after the death of Tenants in Capite and by Knight-Service, so well as formerly know how the Debtors Lands are setled, or what is in fee simple to charge the Heir.

Be against the peoples Oaths of Supremacy to LXVIII [Page 13] desire the diminishing or taking away the Kings Rights or Jurisdiction.

Take away His Power and Means of pro­tecting LXIX and defending them, and to perform his Coronation Oath, and when the assistance and help of Tenures in Capite have like Sea walls and banks, proved not strong enough to withstand and keep out the Floods of Sedition, it cannot now surely be for the good and safety of the people either to weaken as much as may be, the strength which was before in them, or to have none at all.

Draw a Curse upon the Posterities of those that LXX hold under those Tenures and shall endeavor, con­trary to the faith and promise of their Ancestors, to subvert them.

Make the common people insolent, and teach LXXI them hereafter to find fault with every thing that fits not their Interest or humor, and by such a large­ness of liberty, having before surfeited upon lesser, to be like the waves of the Sea and its deep, tossed and beating one against another by the winds of those inticements or factions which for their own wicked ends shall blow upon them.

And by such an easiness of granting away so great LXXII a part of the just and legal power of the King, Nobi­lity, and better part of the people, over the most rude and not easie, without it, to be either governed or perswaded, invite them to take up their not long ago designs and projects of taking away Copy-holds, which they lately, as foolishly as falsly, called Nor­man slaveries, and of enforcing their Lords to take two years purchase for them; and that Landlords might be st [...]nted and ordered to take what the facti­ously [Page 14] well-affected Tenants should call reasonable in the leasing and renting of their Lands.

Carry along with it and abolish the Royal Pour­veyances, LXXIII which being in use amongst the people of 1 Reg. 10. 24, 25. 2 Reg 4. 21, 22, 23. Nchem. 5. 18. Sigonius de Repub. Athen. lib. 4. 540. & 541. Martin: Cro­merus, lib. 2. de Regno Polo­niae. Bignonius in notis ad lib. 1. Marculfi 465. Rosinus de An­tiquitat Rom. lib. 7. 14. 24. lib. 10. cap. 22. LL Wisigoth. lib. 9. tit. 6. LL Ripuar. tit. 65. Cujacius tit. 48. ad 10. cod. Iustinian 14 29 Tacitus in vita Agricolae. Ridley's View of the Civil and Ecclesiasti­cal Law. 9 H. 3. cap. 21. Israel, were never in that glorious and ever com­mended Raign of King Solomon, nor in that long after pious order and Government of the good Nehemiah, found to be a grievance, nor taken to be so amongst the Greeks, Poles, Romans, ancient Brittains, Franks, and Germans, those great Assertors of Liber­ties, or the most of the Nations of Europe, (not cast unhappily into Common-wealths, where they only dream of freedom, but cannot find it;) but were used in the West-Indies long before the Spanish curte­sies and care of their conversion, had ingrossed their gold, destroyed the most of their Natives, and made the relidue their slaves; And in China, and most parts of the habitable World.

And being a Jus Gentium, and a part of right Reason so universally allowed and practised, were as Oblations or recompences for tolls or pre-emption, or for some other confiderations, chearfully paid to our Kings of England, & so butted and bounded with good Laws, and so easie, as the Tenants did neither care to provide against it in their Leases, or reckon to their Landlords those little and seldome payments and charges which were occasioned by them.

And by throwing the Purveyance into the same Bill or intended Act of Parliament, for taking away the Tenures in Capite and by Knight-Service, hath since caused the King to pay three times or more then formerly he did, as 12 ^d per pound for Butter, where it was before but three pence; twelve shillings a hundred for Eggs, where it was before but three [Page 15] shillings; and eighteen pence a mile for a Cart to carry his goods or provision, when it was before but two pence a mile in Summer, and six pence in winter; twelve pounds for a Beef or an Oxe, which before was willingly and without any oppression of the Counties, served in at fifty shillings.

Render the One hundred and fifty thousand pounds per Annum of Excise▪money for the inten­ded recompence for the profit and honour of his Tenures, Court of Wards, and Pourveyance, to be no more (if it could clearly come up to that summ) then Thirty seven thousand and five hundred pounds, but if with allowances and charges in the collecting, and arrears and bad payments, or otherwise, it should amount (as it is likely) to no more then One hundred thousand pounds per Annum, the clear of that to the King, three parts in four of his prizes enhaunced being deducted, is like to be but Twenty and five thousand pounds per Annum.

Which when the Excise (wherein the King him­self shall now pay a Taxe or Excise for his Beer and Ale) and other Assessments shall e­very day more and more make dear the Markets, and that the people shall, to make themselves more then savers, stretch the price of their Commodities, and make an addition to the former years rates and demands, for all sorts of victuals and provision of livelihood, or that the King or His Pourveyors shall over and above that be, for want of ready money, enforced to pay a treble or more interest for buying upon Time or days of payment; will also within the compass of seven years vanish into a Cypher.

And if the Excise, for the burden and grievance [Page 16] thereof, should also be taken away, the King having no provision made in the Act for taking away his Tenures in Capite and by Knight-Service and of his Pourveyance, ( [...]or the intended recompence of that part of the Excise therein mentioned) to resort back again in such a case to the former profit of his Te­nures and ease of Pourveyance.

Will then not only have given away those two great Flowers of His Crown for nothing, but be as much a looser in what he shall over and above pay for his houshold provision, Cart taking, and other necessaries, as hee shall pay a greater rate then his former pourveyances came unto, which in 200000 l. per ann. which may well be conjectured to be the least which will be expended in that kinde) will, considering three parts in four of the prizes enhan­ced, amount to no less a detriment then one hundred seventy five thousand pounds per An­num, besides what must be added to that loss for what shall be paid more then formerly for Timber and materials for the Navy, and repair of the Kings Houses, Castles and Forts, and by the peoples every year more and more raising their priaees upon him.

And then the bargain or exchange betwixt the King and the people for the Tenures in Capite and by Knight-Service, and his Pourveyances, be­sides the giving away so great a part of his Prerogative and Soveraignty will arrive to no more then this. The King shall remit the year­ly revenue of Eighty eight thousand & seventy pounds per Annum, (defalcations for exhibitions and al­lowances [Page 17] for Fees, Dyet, and other necessaries and charges first deducted) which was made by the Court of Wards in the year 1640, besides Thirteen thousand two hundred eighty eight pounds profit for those kinde of Tenures which in that year was colle­cted and brought into the Exchequer, which will make a Total of One hundred one thousand three hun­dred fifty eight pounds per Annum.

Or if but Eighty one thousand two hundred eighty eight pounds, all charges cleared and deducted, as it came unto in Anno 1637. which was 13 ^o Car. primi, both which was easily paid by the Nobility, Gentry, and richest and most able part of the peo­ple, for or in respect of their Lands holden in Ca­pite, which were never purchased but frankly given for their Service, Homage, and incidents thereunto apperteining.

And release the ease and benefit of his Pourvey­ances, which did not in all the Fifty two Counties of England and Wales, by the estimate of what was al­lowed towards it in Kent, being thereby charged on­ly with Twelve hundred pounds per Annum, or there­abouts, put the people of England to above Forty thousand pounds per Annum charges; which totalled and summed up together with the profits of the Te­nures in Capite in An. 1640. being 16 ^o Car. will make One hundred forty▪one thousand three hundred pounds, or One hundred and twenty thousand two hundred eighty eight pounds, all necessary charges satisfied as it was in 13 ^o Car. primi.

Shall give away that One hundred forty one thousand three hundred pounds, or One hundred and twenty thou­sand two hundred and eighty pounds per Annum, and [Page 18] loose One hundred and fifty thousand pounds per Annum in the buying of his Houshold provi­sions (besides what more shall be put upon him by a further enhaunce of prizes) for to gaine One hundred thousand pounds for that moy­ety of the Excise of Ale and Beer, to be paid out of the sighes, dayly complaints and lamen­tations of the poorest sort of the subjects, and the discontents and mournings of nineteen parts in twenty of all the people, who by the payment of that Excise will be made to bear the burdens of o­thers, to acquit less then a twentieth part of them, of those no ruining payments not often happening to be charged upon them by reason of those kinde of Tenures; or for nothing, if that Excise should be taken away.

Prejudice the King in his Honor (which Saul, LXXIV when he entreated Samuel not to dishonor him be­fore the people, understood to be of some concern­ment) and his Estate, in not affording his Pour­veyors a pre-emption in the buying provision for his Royal Family, Tables and Attendants, which all the Acts of Parliament made concerning the Regulating of Pourveyances never denyed. The Princes of Germany are allowed in their smaller Do­minions, the Caterers of every Nobleman frequent­ing the Markets, the servants of every Lord of a Mannor in England do enjoy, and the common ci­vilities of mankinde, and but ordinary respect of in­feriors to their superiors do easily perswade.

Will not agree or keep company with that honor LXXV and reverence which by the Laws of God and Na­ture, Nations, and right reason, will be due, and ought to be paid to a King and Father of his Coun­try, [Page 19] nor with the gratitude of those who often e­nough come with their Buckets to the Well or Foun­tains or his mercy, or are not seldom craving and obtaining favors of him, to refuse him those small Retorns or Acknowledgments for his bounties, nor prudence to shew him the way to be selfish or sparing in his kindeness to them.

Shame our promises and protestations made unto LXXVI him at his retorne from that misery wherein the sins and madness of a factious part of his subjects had cast him, of sacrificing their lives, fortunes and e­states, and all that they had for him, that had rescued them from an utter destruction; and yet when hee had told them of his wants, and how much it trou­bled him to see his people to come as they did flock­ing to see him at Whitehall, that hee had not where­withall to entertain them or make them eat, make such hast to take away his antient Rights of Pour­veyance, or dayly and necessary support of Him, his Queen, Children and Servants, and for entertain­ment of Embassadors of Forreign Princes which for three days untill they have their Audience, which is so sumptuous and extraordinary as it costs him at the least three or four hundred pounds a day.

When as the ill-nurtured and unmannerly Dutch (gnawing a pickled Herring and an Onion in one hand and a piece of ruggen bread in the other) can in their slovenly and small moralities to their Prince of Orange allow him and his Court (which after the griping & high rate of their Excise goes a good part of the way to as much as what the King saved by his Pourveyances) a freedom from payment of Ex­cise upon all Provisions, and the like to the Queen [Page 20] of Bohemia, and Embassadors of Forreign Prin­ces all the year, and to their Army & every common Soldier when they are in the field or leaguer or upon a march, to the Ships of Merchants aswell as those of Warr in their Victualling, and to the English Com­pany of Merchants of the Staple there residing, and deny not the Universitie of Leyden a freedom of ha­ving their provision of Wine and Beer laid in Excise-free.

When the Lord Mayor of London hath an al­lowance or tolls out of Oats and Sea-Coals which are brought to be sold to London of Stallage and Pickage in the Markets and Faires, out of Cat­tel brought to be sold in Smith-field, and ma­ny other things towards the charge of his extra­ordinary House-keeping in the Yeare or Time of his Majorality, which the simplest and poorest Citizen never grumbles at, but acknowledgeth it to be for the honor of their City, hath every Com­pany or Corporation of Trades bringing him forty shillings in retribution of a Dinner and a cheap Sil­ver Spoon, every Citizen contributing to the charge of Triumphal Arches in entertainment of their Prince upon extraordinary occasions, every Com­pany bearing the charge of the Livery men and chief of their Company in their Pageants on the Lord Mayors days, and every little Borough-Town in the Country can be well content to help one another in the charges which are put upon it when the King shall in his Progress receive any entertainment from them.

Such a great provision as is necessarily to be made LXXVII for the Kings Houshold and his multitude of Ser­vants [Page 21] and Attendants, will, when much of his Pro­vision shall not be sent (as formerly to his Court w ^ch did prevent it) sweep and take away the best sorts of Provision from the Markets, and as experience hath already told us, make scarce and dear all that can be brought to the Market near the Kings residence or his occasions.

Teach the people, whose measure and rule of LXXVIII conscience is to ask high rates, and take as much as by any pretence, tales, falshoods or devices they can get, and more of the King, Nobility and Gentry then common people, to heighten their prices, and get thereby unjustly of the King more then all their Subsidies or Assessments shall come to, and render him in no better a case or condition (as to prices or good husbandry) in buying his necessary provision (as they say) by the peny, then a Landlord that lets a Farm of 50 ^l. per Ann. to his Tenant, and takes his rent in Wheat, Malt, Oats, Wood, Beef, Mutton, Veal and Poultry, at such rates as he shall exact of him.

Every Clown or Carter, every mans servant or Kitching-maid shall in matters of Market and Provi­sion be at liberty to buy a Salmon, Phesants, Par­tridges, or Bustards, and the like, (fitter for the King then their Masters) out of his Pourveyors hands, and do by him as a Trim over-monied Citizens wife did by a Gorget of 60 ^l. price, (now too low a price for those kinde of Gentlewomen) which she bought in Anno 1641. in the beginning of our pretended religi­ous but irreligious Warr out of the Queens hand, and being afterwards sent to with a proffer of some advantage, could finde neither manners nor duty to perswade her to part with it.

[Page 22]And the e will be then but few Araunahs, who LXXIX when David and his Servants came to buy his 2 Reg. 24. v. 20. & 22. Threshing-floor for to build an Altar, bowed himself before the King on his face upon the ground, and answered, Let my Lord the King take and offer up what seemeth good unto him; Behold, here be Oxen for burnt-sacrifice.

But every Nabal will be ready to answer our Da­vid and his Pourveyors or Servants, Who is David, and who is the son of Jesse? or as one of that kin­dred 1 Sam. 25. 10. did lately to the Kings Harbinger a: Windsor at the solemnities of the Feast of the Garter, when hee could say the King had quitted his Tenures & Pour­veyance, and was now no more to him then another man, he was at liberty to let his Lodgings to any one would give him sixpence more; though the poor Persian (so much celebrated in History) who rather then he would offer nothing to his Prince in his Pro­gress by his Cottage, could run to the next water and bring as much of it as he could carry in hish and for a present, would, if he were now alive, in a horror and detestation of so great a bestiality and such a Monstrum horrendum, take his heels and run quite away from such an ingratitude or inhumanity.

Disable the Brewers, who complaining heavily of LXXX the Excise-men or Tormenters (as they call them) will by the mysteries of their Trade lay the burden as much as they can upon their customers, & will not be able to give as much as formerly to the Maltsters, nor the Maltsters to those that sell the Barley, but all of them shifting of the burden one upon another will be a cause of the enhancing of the rates of Beer and Ale, vitiating or making of it worse, and by false [Page 23] Gaugings, Expilations and Tricks of Excise men les­ser measures used by the Retailers, and every ones la­bouring to ease themselves as much as they can, and using too many devices to make themselves savers, or to increase their gain by the pretences of it, will not fail to bring a huge trouble, much damage, and many inconveniencies upon the people, and the poo­rer part of them.

Will very much in the matter of Pourveyances LXXXI (which Oliver and his Conventions were content not to molest) now thrown into that bargain, dimi­nish the magnificence and grandeur of the Kings hospitality, which the surplusage of his Tables, plenty in his Kitchings and Cellars, and every where else to be found in all the places and of­fices of his Court, did not only cause an admira­tion to strangers, but yield a comfort and relief to many sorts of neighbor-inhabitants, streets and vil­lages adjacent, and a great support of the poor, who in the Raign of King Henry the Third, were (besides the dayly crumms, fragments, and reliques of his houshold provision) not infrequently fed and Treated by that King; who, as our publique Records can tell us, did several times send out War­rants and Writs to provide Victuals ad alendos pau­peres Claus. 31 H. 3. in Westminster-Hall, for as many poor as it could containe, being a better kinde of expence then those vaine, unnecessary and costly Treatments which our young Gallants and some Tradesmen do now too often make their Gentlewomen and Mistresses in Hide Park and Spring Garden, to shew them how little at present they value money and how much they may want it hereafter.

[Page 24]And at the same time can think every publique duty to be a grievance and every little too much which they contribute to their Prince.

Who (if Pourveyances shall be taken away) will LXXXII not be able to hinder or keep off those many incon­veniencies which will obstruct his House keeping & Hospitality, nor those many hardships, disgraces and ruines which will fall upon many of his Servants and Attendants, who (like the Priests in the desola­tion of the Temple) bewailing the former glory and present necessities of their Masters Court and house, may weep between the Gate and the more retired places thereof, and wish that a Queen of Sheba (as shee that came once out of the South to see King So­lomon) may never come to view their Princes Court, the manner of his Servants sitting at their Tables and eating of their meat, the attendance of his Ministers and their apparrell.

Take away not only the honor but the publique LXXXIII benefits and feudall Rights of the Tenures in Capite, by Knight-Service and per Baroniam, which are justly and highly esteemed in all Kingdoms and Principalities which are so happy as to live under Monarchy the best of Governments, and deprive our selves of those nerves and sinews which fix and consolidate the fidelity, peace and welfare of Monar­chies, and the best part also of those feudal Laws, wherein are contained many of the Laws and Rights of Kingdoms, Marquisates, Earldoms, Baronies, and their dependencies.

Tenures in libero & communi Soccagio per fidelita­tem LXXXIV tantùm pro omnibus servitiis, in free and common Socage by Fealty only for all services so universally [Page 25] extended as to make all the English Tenures to be in that condition, will be dangerous rather then profi­table to the King and people, whose good and safety consists in a due obedience of the people to their Prince, and not in that which may invite and incou­rage Sedition and Rebellion, & is fitter to be trusted to a Kingdom of Angells (w ^ch was once not without a Lucifer (a pretender to great Light) & his rebelling partie then to a people (many of whom being not fully cured of a disobedience more then ordinarily acted to the ruine of their King and his three King­doms, are now in a full career of all manner of vice and wickedness, running over all the Laws of God and man, and wholly given up to their pride and Lu­xury, and an interest and care to maintain them.

They that could then mis-interpret Scripture, LXXXV abuse the plain and genuine sense and meaning of all our Laws, clearly exprest and fully to be un­derstood, and make an ill use of a not to be (as they thought) dissolved Parliament, rebell and fight a­gainst their King, multiply Grievances under colour of remedying them, destroy him and endeavour to do the like to his Children and Successors, and all the loyal Nobility and Gentry, which accor­ding to their Allegiance and Tenures of their Lands made hast to his Standard and Defence, will now think they have gotten better Fig-leaves, either to cover any thing they shall attempt against their King and Soveraign, or for abiding with Gilead beyond Jordan, and not coming to help or assist him, in regard that for all manner of services they are only to do him Fealty, which they may disguise according to their several humors and interests.

Will unhinge the Government and take away the LXXXVI [Page 26] Tyes and Obligations which were betwixt the King and his Subjects, the Nobility and better part of the people, and the more common and inferior sort of them, untie their bonds of Obedience, and let them loose to a liberty of ruining and undoing themselvs by not obeying their Soveraign, which is not to be hazarded upon the hopes of Tenures in Corde, when the impression and remembrance of Benefits are as frail and little immortal as Gratitudes, or the love and kindness of many friends or children which hardly survives dayes or moneths or a few years, and at the most do not outlive the first Receivers, but do most commonly within a few dayes, if not hours after, wax faint and languish; and though they did at the first really mean and intend the thankfulness they promised, can as quickly as the Scots did by the late Kings extraordinary favours and concessions, even to the giving away almost all that hee had in Scotland, or as some of their Brethren in England did in their undertakings to make him a glorious King, forget what they promised or should do; and having got power into their hands, be most rigid and severe in the exercise and imployment of it and their liberties against those which granted them.

Make the head of our English Body Politique not LXXXVII to be as a head in the body natural, strongly fixed and resting upon those many Bones, Joints, Arteries, Muscles and Veins which in that line of Communica­tion, do serve and attend the motions and directions of the head and principall part for the well being of the whole body; but to be set in such an unfixed, unsafe, and unusuall order, as it shall neither be able to protect it self or those who depend [Page 27] upon it, and have no other ligaments but Fealtie, and the too often broken oaths of Allegiance & Supremacy, which can never attain to those great Obligations of Homage and Service of Warr; which being annexed to the Land it self, had besides the Bond of Loyal­tie another also of Gratitude attending upon it, and as a threefold cord not easily to be broken, must of necessity farr surmount that so small a one as Fealtie, which being little more then our modern ill used dayly Complements, will prove such a small some­thing, as when Interest, Profit, Humors or Factions shall either altogether or apart stand in the way of them or any of them, will be made to be little more then nothing.

Mutilate and lame our Ancient best regulated and LXXXVIII unparalleled Monarchy, and make it to be as paralitick on the right side, and wanting the natural and right use of its right Arm and Legg; and applying no better a remedy then a plaister of Excise, drawn from the rebelling & necessitous example of a Neighbor Republique or Democratie, put the power and abili­ty of serving the King in his Warrs, of helping him to preserve the Salus Populi or good of the people, and performing the Oaths and Duty of Allegiance, (a great part whereof was before in the Nobility and Gentry, who were the best educated, more knowing and virtuous part of the people, and better under­standing the order and affairs of Government and the Loyaltie which at all times and upon all occasions did belong unto it) into the hands and humor of the ignorant, mis-understanding, rude and giddy Plebei­ans or Common people.

Deprive the King and people of those Strengths, LXXXIX ready Ayds and Assistance of the Tenants in Capite [Page 28] and by Knight Service (who were as so many little and inoffensive Garrisons & Forts in every County to defend it) to make head against the sudden invasion of an Enemy, put him to a stand, and prevent (which was evidenced by the late use and terrors of Olivers County troops) the over-running or gaining of whole Territories or taking of places of Strength, untill greater neighbor forces or an Army be imbo­dyed, or to be as so many Brigades or Auxiliaries well horsed and furnished (with their Tenants) to at­tend their King in a diversive Warr, as they were in Anno 1640. in that unfortunately suspended Ex­pedition or Inrode into Scotland against those Re­bellious COVENANTERS against the Laws of God as well as those of their Soveraign.

Decay and impoverish the Kings Revenue, and LXXXX bring him into a want of money, which made his late Majesty the Martyr's great and extraordinary Virtues, Piety and Prudence, too weak to defend himself or resist the torrent of Sedition and Rebel­lion, which like an inundation of many waters rushed in upon him.

Exchange the antient and noble Guards of Eng­land LXXXXI and its never failing defence, as the earthen Walls and Bulwarks thereof, by an Obligation of Tenure and Homage annexed to the Lands of those which hold in Capite and by Knight-Service, for a standing Guard or Army of Hirelings, or men whose Fortunes are worn on their Backs as their Clothes, or by their sides as their Swords, which upon any necessity or mischance happening to the King, may, for want of pay (as the German Ruyters or Lancekneghts) or by insolence or presumption of their numbers or strength (as the Praetorian Bands a­mongst [Page 29] the later Romans) or the Turkish mutinous Janisaries; or by being inconstant and faithless, as the Cosacks and Tartars usually are to the Poles; ru­ine and forsake him, or by an humor of making Re­monstrances and intermedling in State matters, Innovating of Laws, changes of Government, and sacrificing to the Ignorance of their own mechanick Brains and new found destructive Politicks, destroy the people & their liberties, as our late Colonels and Captains of the new edition, and the Agitators and Self-canonized Saints did attempt to do when they would make themselves to be so much concerned in the good of the people as to set up a Law of the Sword and a Committee of Safety to make no man to have any safety or property but themselves, and cal­led every thing Providence which proceeded from their own unparallel'd Villainies.

Renverse and overturn many of the fundamental LXXXXII Laws and Constitutions of the Kingdom, and throw it with the heels upwards into very many evils and confusions, which our selves as well as posterity may repent but not know how to remedie.

Perpetuate a Moyety of the Excise upon Ale, LXXXXIII Beer, Perry and Sider, and make the groans and burden thereof to be as an Inheritance for the peo­ple, & by the example and custom thereof be by de­grees a means to introduce the whole Excise, which in the Oliverian usurpation was laid upon them; and though it may not happen in the life time of a gra­cious Prince, Father of his Country, and Pre­server of his peoples Rights and Liberties, may af­terwards, like Nessus's poisoned shirt upon the back of our Hercules and former Government, canker, eat up and destroy all their labours and industry.

[Page 30]Will cut off our Sampsons Locks, and bereave LXXXXIV him of his strength, break in pieces the Shield and Spear of his mighty men of Warr, and when all things Antimonarchical should be rooted out, will be a fruitfull plantation and product of the greatest of Antimonarchicks, and be that which our English Monarchie never yet saw or allowed; and if Gods mercy prevent not, may be as good a guest as a Canker or Snake in the Bosom of it.

All which and more evils and inconveniences then can at present be either fore-seen or enumera­ted, and will (as to very many of them) as certainly follow the taking away of Tenures in Capite and by Knight-Service, as effects do usually their causes, Cromwell the Protector of his own Villainies as well as our Miseries) very well understood, when, in order to the destruction of the King and his Family, the ruine of all the Nobility and Gentry, and the rooting up of Monarchy, and every thing which did but resemble or help to sup­port it; he did all he could to take away Tenures in Capite and by Knight-Service.

And having a constant and standing Army of Thirty thousand Horse and Foot allowed to him and his Successors by his Instrument of Govern­ment, or Rod of Scorpions, and a Revenue of Nine­teen hundred thousand pounds to maintain himself in his intended unlimited Monarchy, and to keep the people in slavery, cozening, cheating, and ruining all Loyal and honest men under the Hypocrisie and pretence of intentional Godliness, and Two hundred thousand pounds per Annum for the provision of his House and Servants, found himself no way indam­maged [Page 31] by destroying Tenures in Capite or by Knight-Service, or concerned to retain or keep them.

Which being the most noble sort of Tenures, most antient, free, and priviledged, will if they shall be truly and judiciously put in parallel and balance with those of the original and proper Te­nures in Socage, who as Coloni & adscriptitii, tied to Socage. their husbandry and plowes, did (as S ^r Edward Cook saith) Arare & Herciare, Plow and Harrow their Lords Lands, and do many other servile works; or with such a Socage as those many Tenants hold their Lands by, which hold by a certain small rent of Sir Anthony Weldens Heir for Castle-guard to the ruined Rochester Castle in Kent, to pay 3 s. 4 d. nomine poenae for every Tide which after the time limited for payment shall run under Rochester Bridg.

Or with Copy-hold Tenures, (which at the first being frankly given for years or life, and after by a continued charity turned to a Customary Inheri­tance) were bound up to many inconveniences, Copy-hold. as not to lease their Lands or fell Timber with­out their Lords licence, and many forfeitures, payments and customes, some at Fines incer­tain, at the will of the Lord, after the death of their Ancestor, and which upon a suit or appeal in the Courts of Justice or Chancery are never mitigated or brought lower then two years pre­sent and improved value; and where the Fines are certain, do in many places pay as much or more, in some places where they pay less pay after the rate of five pence per Acre, and in other eight pence per Acre, or higher as the custome varies; and [Page 32] pay Herriots, not only upon the death of the last Tenant but upon Surrenders; and in some places the Widdows having no Free Bench (as they call it) or Estate in the Lands after their Husbands; and where they have that or Dower, which is seldom in other places, do forfeit if they marry again; or in some places, if they commit fornication or adultery in their Widdow-hood; and if the Lords of Man­nors put the Tenants out of their Copyhold Estates upon a forfeiture, they have by Law no remedy but to petition to them, can have no Writ of Right-close to command their Lords to do them right without delay according to the custome of the Mannor, no Writ of False Judgment at the Common Law given in the Lords Court, but must 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 then they ought, must grinde at the Lords Mill and bake at his common Oven, and not speak irreverently of them.

Or those kinde of Tenures of Lands in Cum­berland, Northumberland, Westmerland, and the North parts of England, which pay a thirty peny Northern Tenant-Right. Fine at every alienation, and a twenty peny Fine upon the death of an Ancestor or of their Lord, according to the rate of the small yearly rents of their Lands, which were at the first freely given for service in Warr, and to repell the Scottish Incursions, now much insisted upon and called Tenant-Right.

Or Lease-holders which are racked or pay Fines, Lease-holders. and a Rent, as much as any will give for them under harsh and strict Covenants, conditions, forfeitures, & Nomine Poenae's, without a standing Army & Assess­ments [Page 33] and a Troop of Horse (as was done in Olivers time) to scout in every County, to awe, terrifie, abuse and sometimes rob the Inhabitants.

Or the now so much desired Tenure of free and Free Socage. common Socage, (many of which are under the pay­ment of a Tenth every year, of the value as they were first granted) by Fealty only for all services, with a standing Army or Assessments, though farr lesser, as it is hoped, instead of Tenures in Capite and by Knight-Service, will be more desirable and prove a greater freedom then either the old Socage Tenure, which in Kent they did sometimes willingly ex­change, to hold the same Lands by Knight-Service, or the Copy-holders or Northern Tenant-right­men, or the free and common Socage by Fealtie only and no other Services.

None of which have or can justly claim as the Tenants in Capite and by Knight-Service do those antient and honourable Rights, Immunities and Pri­viledges which justly belong unto them, nor their Beraultus in Commentar. & Spelmans Glossar. 261. & in verb. leta, 431. Court Barons and Court Leetes, with the pri­viledges of basse Justice, doing Justice to their Tenants for small Debts under Forty shil­lings, correcting and overseeing the Assize of Bread and Beer, Weights and Measures, corrupt Trin. 18. E. 1. in placit inter Abbatem de Leicester & Abbatem de Selby. Victuals, punishment of breach of the Peace, swea­ring Constables, making By-lawes, power of admi­nistring the Oath of Allegiance, Inquiries concern­ing Victuallers, Artificers, Workmen, Laborers, and excess of prizes of Wines, &c. Inquiries after Seditions, Treasons, &c. and presenting and certifying them or any other thing that might dis­turb the Peace and Welfare of their King and Coun­try, [Page 34] and by keeping the lesser Wheels in order, did contribute much to that of the greater, and every one (as litle and subordinate Reguli and petty Prin­ces) enjoying under their Kings and Soveraignes that which to this day (as well as antiently) have been called Royalties, which being but pencil'd and drawn out of Regal favours and permission, are in Fide & Homagio deduced from those Tenures; For all which free Gifts, Emoluments, Immunities and Priviledges, they had no other.

THen to go to Warr well arrayed and furnished Escuage. with the King or his Lieutenant General (which every Subject if he had not Lands freely gi­ven him is in duty bound to do) or his mesne Lord when Warrs should happen, which in a common course of Accidents may be but once or not at all in his life time, and then not to tarry with him above forty dayes or less according to their proportion of Fee or Lands holden at their own charge (which is a greater favor then to go along with him all the time of his Warrs) and for all the time that they remain afterwards in the Camp to be at the Kings charge, and to have Escuage assessed by Parliament of their [Page 35] own Tenants if they shall refuse to go also in person.

Their respit of Homage was without personall at­tendance discharged once in four Terms or a years Homage. space for smaller Fees proportionable to the yearly value of their Lands then three shillings four pence per Ann. which they that held a Knights Fee yearly paid to their mesne Lords for respite of suit of Court.

Their releif when they dyed, leaving their Heirs Relief. at full age, was for a whole Knights Fee but C ^s. (lesse most commonly then a Herriot or the price of their best Horse or beast if they had holden in So­cage) and when they were in Ward paid nothing for it; for a Barony 100 marks, and an Earldom 100 ^l. of a Marquis 200 Marks, and a Duke 200 l.

The Primer seisin, which though due by Law was Primer Seisin. never paid untill 4 ^o or 5 ^o Car. primi, was like the Clergies first-Fruits, according to a small moderate value a years profit if in possession, and a Moyety in Reversion; and so small a casualtie or revenue, as in the 16 ^th year of the Raign of his late Majestie they did but amount unto 3086 l. 9 s. 8 d. ob. half farthing.

And the charge to the Officers of a general Livery Livery. (being like to an admittance of a Tenant in a Copy­hold estate, but a great deal cheaper) where the Lands were under value and found but at 5 ^l. per Ann. W ^ch most commonly was the highest rate of finding or valuation of it when it was 100 ^l. per Annum or something more, with all the Fees and requisites thereunto did not exceed 10 ^l. and the Fine for a Livery where there was a Wardship, half a years profit after a small value, and so little as in 16 Car. [Page 36] the accompt for Liveriess was but 1316 l. 12 s. 4 d. ob. farthing.

And where a Special Livery under the Great Seal of England was sued out, with a Pardon for Alie­nations, Intrusions, &c. did not with the Lord Chancellors, Master of the Rolls, and Master of the Wards, and all other Fees included, make the charge amount to more then 15 l. or 20 l.

Where a Livery was not sued out as it ought to Mesne Races. be, the mesne rates and forfeitures (which may be a­voided) were either pardoned or gently compound­ed, and of so small a consideration in the Kings Revenue by Wardships, as in Anno 1640. and a time of peace, the Account thereof amounted to no more then Nine hundred ninety two pounds fif­teen shillings two pence half-peny half-farthing.

And where a minority happened, which in Times of less luxury was but seldome, many were either Knighted or Married before they attained to their full age, and Heirs females were not infrequent­ly married long before their age of 21. there being not one with another, one in every seven that died leaving an Heir in Minority.

Which may the better be credited, for that, if Report mistake not, a Family of Poynings or Pointz, having from the Reign of King H. 1. now almost six hundred years ago, not had an Heir in mino­rity.

And it is certain enough that in twenty Discents of the Family of Veeres, now Earls of Oxford, in the space of six hundred years and some thing more, and the Warrs and Troubles which happened in many of them, there have not been but six in minority [Page 37] when their Fathers or Ancestors died; and the like or less may be found or instanced in many others.

And for one that is left very young at his Fathers death, there are commonly nineteen that are of greater age; and for one betwixt five years old and ten, there are ten that are above the age of ten; and for one that is betwixt that and fifteen, there are se­ven that are above it; for that most commonly in such early marriages as these times affoard, which in great Estates are not seldome the sons are at age, or a great part of it, before their Fathers death, and do keep a better account of their Fathers age then they do of their own.

And then the marriages, which now generally Marriage. bring ten times bigger Portions then one hundred years ago, were most commonly granted to the mothers, or to the next and best friends, if they petitioned within a moneth after the death of the Fathers or Ancestors, and where there were con­siderable debts or many younger children, were not rated at above one years improved value, if the E­states were not indebted or incumbred with younger childrens portions, and a great deal less if it were, as may easily occur to any that shall compare the Fines for marriages (appearing in Sr Miles Fleetwood the Receiver Generals Accounts of the Court of Wards) with the value of the Lands in Wardship, where very small sums, as 40, 50, 80, or 100 l. Fines for Marriages, may be found to be set upon an Estate of 2 or 300 l. per Annum.

And most commonly compounded for to the use of the Ward himself, and from Heir male to Heir Male, although they were six or seven of the Sons [Page 38] of the same father, for the same fine or compositi on, if the Ward should dye, which, or the like favour as to Lands, is not used by Lords of Man­nors upon admission of Tenants to Copy-hold E­states.

The Lands where there were no Dowers or Joyn­tures Rents. (which ordinarily did take away a third part or more) were leased for a small Rent, not ex­ceeding most commonly the tenth part, and very of­ten according to the troubles, incumbrances and debts upon the Estate, at the fifteenth or twentieth part, out of which the Ward had an exhibition yearly allowed towards his Education; if of small age, after the rate of 10 ^l. per Cent. of the reve­nue of the Lands, certified by the Feodary; or if at University or in Travel beyond the Seas, had a better allowance.

The Licences for Marriage (which is totally de­nyed Licences to Widdows hol­ding in Ca­pite by Knight Service to mar­ry. in Copy-hold Estates, and would be therein gladly purchased) were of so small profit to the King seldom happening or cheaply granted, and in that of great Ladies not called for, as it came to no more in the 16th year of the Raign of King Charles the First, then 37 ^l. 3 s. 4 d.

And the Licence to compound with Copy-hol­ders To compound with Copy­holders. for their Admittances in the times of the Lords of the Mannors, Wardships, so easily and for a lit­tle granted, as in that they came but unto 50 ^l.

The fines upon the making of the Leases or Fines taken by the Court of Wards upon the Grants of Lands in mi­nority. Grants of the Lands were small and more pro for­ma then otherwise at 10 s. 15 s. 12 ^d. 6 ^d, &c. and very small summs of money when they ex­ceeded.

[Page 39]And whatsoever charges or payments may hap­pen by Wardships, which all things duely conside­red are less then what is paid upon Copy-hold E­states, may by Law and the favour of for­mer Kings, be for a great part escaped by con­veying away in their life times or devising by will two parts in three of all their Lands (leaving a third part to descend to the heirs) for payment of Debts and preferment of Wives and Children, the heires of Tenants in Capite and men of any considerable E­state very often marrying before the age of One and twenty years, and having all or the most part of the Fathers Estate, reserving some Estate for life, and the Mothers Joynture or Dower excepted setled upon them.

Which they may well be contented with, when as all the charges and burdens (as some, do cal them) w ^ch do happen upon those Tenures, are lesser then the payment of the first-fruits of Benefices and Bisho­pricks to the Clergy, with Procurations, Synodalls, & other necessary charges in the Bishops Visitations, lesser then that of Tenths, according to the then true yearly value, reserved by King H. 8. and E. 6. upon their Gifts, Grants, Sales and Exchanges of Abby Lands, lesser then the payment of Tythes, and lesser and more seldom then the easie payments and bur­dens upon Copy-hold Estates; when as those that purchased any of those kinde of Lands either char­ged with Tythes or Tenths, or the Duties or incidents belonging to Lands in Capite and by Knight-Ser­vice, did buy them with those Concomitants, which neither buyer nor seller were able to purchase [Page 40] or discharge; and cannot pretend it to be a grie­vance, because they cannot enjoy them freer then they purchased or expected, no more then he that buyes a Calf can complain it was not an Oxe, then hee that bought a Copy-hold Estate after the rate of an Estate of that nature, and did suite and service belonging unto it, can afterwards think him­self to be ill used, or under any oppression, because it was not free-hold; or hee that bought a Lease can justly conceive himself to be injured by him that sold it, because he hath not the Reversion or Fee simple of it.

And should (if rightly examined and duly conside­red) be no more a cause of complaint or grievance then the weakness in Estate of a Tenant overwhel­med with debts, and his disability to pay a cheap and easie Rent of Twenty pounds per Annum, though it makes that Rent to be a burden, which formerly (and being not indebted) he found to be none, can make it either to be a grievance or unreasonable or illegal, or the old age or sickness of a formerly lusty and healthfull man, which renders a small weight to be very heavy, which was at other times not at all trou­blesome to him, can make it in it self to be so much as he now takes it.

Nor are the supposed Grievances and Bur­dens of Tenures in Capite and Knight-Service, na­turally, originally or intrinsecally to be found either in them or by them, but are often occasioned by the parties groundless complaints, and the trou­bles and burdens which they bring upon them­selves, who like men very sick by distempers and [Page 41] diseases of their owne making and complaining hea­vily of their paines and anguish, can many times only tell that they are sick, and not as they would or should be, but not whence it came, or if they could are unwilling to remember the causes of it.

For,