Office of a King to fight the Battels of his people and rightly to judge them 1 Kings 8. And the Prophet David saith Be ye learned you that judge the Earth Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country which they in due time inherit they shall be much the more enabled to govern their Subjects and it is a point of Wisdom in such to acknowledge that Rex datur propter Regnum non Regnum propter Regem And to move the Princes to these things there is an excellent Book Dialogue-wise between a Prince a King's Son of this Realm and Sir Iohn Fortescue a Judge entituled De laudibus Legum Angliae Many that have been Heirs apparent to the Crown of England ever since the Norman Conquest have been taken away either by their natural deaths or by violence during the life of their Ancestors so that they have not attained to the Crown William the only Son of Henry the First was drowned in his passage from Normandy his Father reigning Eustace King Stephen's only Son died mad to the great grief of the King his Father William the eldest Son of King Henry the Second died in the Fourth year of his Age and in the Third year of his Fathers Reign King Henry the Second's Son called Curt-Mantel was in his Father's life time crowned King by the Name of King Henry the younger but died in the life time of his Father Geffrey the fourth Son of the said King died during the Reign of Richard Coeur de Leon his third Brother which King Richard had no Son and so Geffrey was Heir apparent to the Crown King Edward the First had Issue Iohn Henry and Alphons but all three died in their Childhood in their Father's life Edward the Black Prince of famous memory eldest Son to King Edward the Third died before his Father Richard the Third had Issue only one Son named Edward who died without Issue Arthur the eldest Son and Heir apparent to King Henry the Seventh died in the life time of his Father Henry Prince of Wales eldest Son to King Iames also left the World before his Father These Examples may serve as a Mirror for all succeeding Princes and others to see how transitory the Glory of this World is whereof the saying of the Princely Prophet David may never be out of remembrance Psal. 82. I have said ye are Gods and ye are all the Children of the most High but ye shall die like men and ye Princes like others Also divers other Heirs apparent and those that have been in possession of their Crowns have been defeated by Usurpers And namely Robert Duke of Normandy eldest Son to William the Conqueror was defeated of his Birth-right by his two younger Brethren William Rufus and Henry successively one after another and after Six and twenty years Imprisonment having both his Eyes put out died in the Reign of his Brother Henry Maud the sole Daughter of the said King Henry was defeated of her Birth-right to the Crown by Stephen the Son of her Fathers Sister Arthur the only Son and Heir of Geffrey the fourth Son to Henry the Second was next Heir to the Crown after the death of his Uncle Richard the first King of that Name who died without Issue his Father being dead before but his Uncle Iohn Son to the said Henry the Second defeated him not only of his right to the Kingdom but also of his Life and that by starving him King Edward the Second was deposed by his eldest Son who in the life time of his Father took upon him to be the King of England Richard the only Son to Edward the black Prince and next Heir to the Crown after the death of his Grandfather King Edward the Third was defeated both of his Crown and Life by Henry of Lancaster Son to Iohn of Gaunt who was but the fourth Son of King Edward the Third yea although Lionel the third Son of the said King Edward had Issue Philip his only Daughter who by consequence was next to the Crown before the Issue of Iohn of Gaunt which Philip was married to Edward Mortimer Earl of March from whom the House of York by the name of Edward the Fourth are lineally descended For William of Hatfield second Son to King Edward the Third died young without Issue King Henry the Sixth having but one Son named Edward he was slain in the life time of his Father and the King himself deposed by Edward the Fourth and murthered in the Tower So the Act of Parliament made between them for an indented Peace exemplified in our Books of Law Edward and Richard the two only Sons to Edward the Fourth after the descent of the Crown and before the Coronation of Prince Edward were both of them murthered in the Tower by their Uncle Richard Duke of Glocester who thereupon took upon him the Crown although there were remaining alive divers Daughters of the late King Edward the Fourth During these troublesome and tragical times each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament intending utterly to disable them and make them to be incapable by the Law of the Crown And it is a matter worthy of Observation how the Hand of God did not forget to pursue Revenge in these Cases for William Rufus died without Issue Henry his Brother had a Son and one Daughter but his Son died an Infant and his only Daughter Maud was defeated of her Birthright by Stephen King Iohn who defeated Arthur his Nephew of his Birthright and Life lived in continual Wars never enjoyed Peace but was driven to submit himself and subject his Kingdom to the Pope In his time Normandy which King William the First brought with him and which in five Descents continued in actual Obedience of the Kings of England was in the sixth year of his Reign lost until King Henry the Fifth recovered it again and left it to King Henry the Sixth who again lost it in the Eight and twentieth year of his Reign as doth appear both in our Chronicles and in our Books of Law Concerning the violence done to King Henry the Second albeit Edward his Son enjoyed a long and prosperous Reign yet his Successor King Richard was in the like violent manner imprisoned deprived and put to death King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by the means of Wars in France the humour against him was otherwise imployed But his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Eward died not without suspicion of poyson and after his death his two Sons were likewise
Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
extraordinary great He only hath the patronage of all Bishopricks none can be chosen but by his Conge d'Esâ—ire whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal Cares as in the Three and twentieth year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and with the advice and consent thereof to make Canons Orders Ordinances and Consâ—itutions to introduce into the Church what Ceremonies he shall think sit to reâ—orm and correct all Heresies Schisms and pâ—nish Contempts c The King hath power not only to unite consolidate separate inlarge or contract the limits of any old Bishoprick or other Ecclesiastical Benefice But also by his Letters Patents may erect new Bishopricks as Henry the Eighth did Six at one time and the late King Charles the Martyr intended to do at St. Albans for the Honour of the first Martyr of England and for the contracting the too large extent of the Bishoprick of Lincoln In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non-Residency c. The Queen being much incensed forbade them to meddle in any Ecclesiastical Affairs for that it belonged to her prerogative His Majesty hath also power of Coynage of Money of pardoning all Criminals of dispensing with all Statutes made by him or his Predecessors which are Malum prohibitum and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Statute doth prohibit a man to coyn Money if he do he shall be hanged this is Malum prohibitum for before the said Statute it was lawful but not after and for this Evil the King may dispense But Malum in se neither the King nor any other can dispense with As if the King would give leave to rob on the High-ways c. this is void yet after the Fact done the King may pardon it So it is in Ecclesiastical Laws for conformity to the Liturgy c. which are Malum prohibitum and the King may by his Prerogative Royal as well dispense with all those penal Statutes as with Merchants to transport Silver Wooll and other prohibited Commodities by Act of Parliament The King cannot devest himself or his Successors of any part of his Royal Power Prerogative and Authority inherent and annext to the Crown nor bar his Heir of the Succession no not by Act of Parliament for such an Act is void by Law These Prerogatives do of right belong to the Crown of England which I have collected out of the most Authentick Modern Authors And to compleat this Chapter I shall proceed to his Superiority and Precedency The King of England acknowledgeth no Superior but God alone not the Emperor Omnem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio yet he giveth Precedency to the Emperor Eo quod antiquitate Imperium omnia regna superare creditur Touching our King's Supremacy before any other these Reasons are offered First Lucius King of this Land was the first Christian King in the World as also Constantine our Country-man the first Emperor that publickly planted Christianity Secondly The King of England is anoynted as no other King is but France Sicily and Ierusalem Thirdly He is crowned which honour the Kings of Spain Portugal Navarr and divers other Princes have not The honour of Precedency amongst Christian Kings is often disputed by their Ambassadors and Commissioners representative at General Councils Diets publick Treaties and other Honourable Assemblies at Coronations Congratulations in Foreign Countries c. which by the best Information I can get is thus stated As to England next to the Imperial Ministers the French take place as being the largest Realm in Christendom and most Noble since Charles le mayne their King obtained the Imperial Diadem the second place in the Western Empire was undisputably the right of our English Kings so enjoyed for hundreds of years 'till Spain grown rich and proud by the addition of the Indies claimed the priority yet could not gain it till their Charles the Fifth was Elected Emperor but after his Resignation the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Philip the Third King of Spain at â—oloign in France Anno 1600. Our Ambassadors were Sir Henry Nevil Iohn Harbert and Thomas Edmonds Esquires and for Spain Balthazer de Coniga Ferdinando Carillo Io. Ricardett and Lewis Varreyken The English challenged precedency as due to them before the Emperor Charles his time as doth appear by Volatteram in the time of our Henry the Seventh when the like difference being in question 't was joyntly referred to the Pope who adjudged to England the most Honourable place But the Spaniards refusing to stand to that old Award or to admit of an equality the Treaty of Peace broke up neither hath any certain Resolution been hitherto taken in the matter as ever I heard of OF THE PRINCE CHAP. III. THE King 's Eldest Son and Heir apparent from the Day of his Birth is entituled Prince of the Latin word quasi Principalis post Regem The first that we read of in England was Edward eldest Son to King Henry the Third since which time the eldest Son of the King hath been by Patent and other Ceremonies created Prince of Wales and Earl of Chester and Flint By Patent also Edward the Third in the Eleventh year of his Reign added the Dukedom of Cornwal to the Principality of Wales and Anno Regni 36. he makes his eldest Son Edward the Black Prince Prince of Aquitain for which he did Fealty and Homage at Westminster Sed tamen Principatum Walliae Ducatum Cornubiae Comitatum Cestriae Cantii non reliquit Walsing fol. 172. Since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but ordinarily Prince of Wales As eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth And so long as Normandy remained in the possession of the English he had always the style of Duke of Normandy At his Creation he is presented before the King in Princely Robes who putteth a Coronet upon his Head a Ring on his middle Finger a Verge of Gold in his Hand and his Letters Patents after they are reaâ— His Mantle which he wears in â—arliament is once more doubled upon the shoâ—â—â—â—rs than a Dukes his Cap of State indenteâ—â—nd his Coronet formerly of Crosses and Flower de lis mixed But since the happy Restauration of his Majesty it was solemnly ordered that the Son and Heir apparent
to the Crown of England shall bear his Coronet of Crosses and Flower de lis with one Arch and in the midst a Ball and Cross as hath the Royal Diadem That his Royal Highness the Duke of York and all the immediate Sons and Brothers of the Kings of England shall use and bear their Coronets composed of Crosses and Flower de lis only But all their Sons respectively having the Title of Dukes shall bear and use their Coronets composed of Leaves only as the Coronets of Dukes not being of the Royal Blood Note That by Order not Creation our present King was admitted Prince of Wales had the Principality with the Earldom of Chester c. confirmed to him by Patent and was allowed to hold his Court apart from the Kings The Prince by the Common Law is reputed as the same Person with the King and so declared by Statute temp Hen. 8. The Civilians say the King 's eldest Son during his Fathers life may be styled King by the Law of Nations because of his so near Relation to the Crown that if the Father die he is ipso momento Rex though he be not crowned A usual custome in Spain and once allowed here to Henry Son of King Henry the Second yet he holdeth his Seigniories and Principalities of the King as Subject to him and giveth the same respect to him as other Subjects do He hath certain priviledges above other persons To him it was permitted by the Statute 24 Hen. 8. cap. 13. to wear Silk of the colour of Purple and cloth of Gold of Tissue in his Apparel or upon his Horse And by the Statute 24 Ed. 3. ca. 2. Takings shall not be from henceforth made by others than the Purveyors of the King of the Queen and of the Prince their eldest Son And that if any mans Purveyor make such takings it shall be done of them as of those that do without Warrant and the Deed adjudged as a thing done against the Peace and the Law of the Land and such as do not in manner aforesaid shall be duly punished To eschew Maintenance and nourish Peace and Amity in all parts of the Realm many Statutes have been made in the Reign of King Henry the Fourth prohibiting the giving of Signs or Liveries to any but Menials nevertheless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honourable Liveries or Sign to the Lords or to his Menial Gentlemen and that the same Lords may wear the same as if they were the King's Liveries and that the Menials of the Prince may also wear the same as the King's Menials But afterwards by occasion of divers other Statutes made by sundry Kings for the suppressing oâ— that enormity of Maintenance and of the general word in them that priviledge of the Prince was abridged or rather taken away therefore the Statute 12 Ed. 4. cap. 4. was made By the Statute 21 H. 8. cap. 13. the Prince may retain as many Chaplains as he pleaseth although all other of the Nobility except those of the Blood Royal are constrained to a certain number and they or any of them may purchase Licence and Dispensation and take and retain two Parsonages or Benefices with Cure of Souls By the Order of the Common Law the King may Levy a reasonable Ayd of all his Tenants as well of those that did hold their Lands of him by Knights Service as in Soccage pur faire fitz Chevalier pur File marrier and the sum of Money was not in certainty Note that the Ayd is not to be recovered before the Son be of the Age of Fifteen years and the Daughter accomplish the Age of Seven years Fitz. Natur. B. 28.6 But in the King's pleasure till by the Statute in the 25 Ed. 3. cap. 11. it was Enacted That for the Knighting his eldest Son and marrying his eldest Daughter as aforesaid the Ayd following shall be demanded and levied viz. of every Knight so holden of the King without mean 20 s. and no more and of every 20. l. of Land holden of the King without mean in Soccage 20 s. and no more And so after this rate for the Lands in Soccage and for Land in Tenure of Chivalry according to the quantity of the Fee By another Statute made in the said 25 th of Edward the Third cap. 2. amongst other things it is declared That to compass or imagine the death of the King 's eldest Son and Heir is Crimen laesae Majestatis or if a man do violate the Wife of the King 's eldest Son and Heir it is High Treason And so the Statute 26 Hen. 8. cap. 13. doth declate And so was the ancient Common Law of this Realm and not a new Law made by the Statute Coke 8. part 28. b. but this Statute is a Manifestation and Application of the ancient Common Law in this Case Because the people were in ambiguity Whether Children born in parts beyond the Sea and out of the King's Dominions should be able to demand any Inheritance within his said Dominions or not It was declared at a Parliament holden at Westminster in the Seventeenth of King Iames for the removing of those doubts That les Enfants du Roy the Children of the Kings of England in whatsoever parts they are born in are able and ought to bear the Inheritance after the death of their Ancestors Read the Statute in Coke's Seventh Part 8. a. where you shall see that though generally the Birth-place is observed yet many times Legiance and Obedience without any place in the King's Dominions may make a Subject born For we see by Experience almost in every Parliament that Ambassadors Merchants and the King's Souldiers do sue therein in such Cases to have their Children Naturalized or made Denisons And in the Articles confirmed by Parliament touching the Marriage between Philip King of Spain and Queen Mary Anno primo Parliamenti 2. cap. 2. a special Proviso was to bar him from being Tenant by the Courtesie of the Crown in case he should have Issue by her and survive which was superfluous because the Common Law would have denied it For this last point see the Lord Chancellor's Speech in the Case Postnati f. 36. But note If an Alien Enemy come into this Realm and his Wife English or Stanger be here delivered of a Child this Child notwithstanding his Birth-place is an Alien born for want of Allegiance in the Parents ibid. King Henry the Third did create Edward his eldest Son the first Prine of Wales and did give unto him the Dominion and Dignity thereof to be holden of him and his Heirs Kings of England And after that time the eldest Sons of the Kings of England have been Princes of Wales and as incident to the State and Dignity of a Prince did and might make Laws and Statutes and use Jurisdiction and Authority as amply as any King of that Nation could do for Wales was a Kingdom in ancient
Forty years in which time he created eight Barons and had Iura Regalia within the County Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
and is equal in power to a King as before noted She is her Husband 's Sovereign and he her Subject in England although he were an Emperor So was King Philip of Spain to Queen Mary and her Authority is included in the foregoing Chapter of Monarchy and therefore need not to be here repeated The second in Honour is the Queen Consort and the third the Queen Dowager or Queen Mother As from the benign influence of the glorious Planet the Sun all Creatures by God's decree in the order of Nature receive life and motion so from the King God's Vicegerent on earth all degrees of Nobility take their advance and dignity 'T is therefore requisite the King should as far excel his Subjects in Majesty and Splendor as doth the Sun the other Planets And as the Moon is the mirror of the Sun representing his Glory by Night so the Queen Consort the Counterpart of the Royal Majesty shines amongst us for whom and for whose Posterity the Nation is bound to send up their Prayers to God The Queen of England during the life of the King hath as high prerogatives and priviledges and liveth in as great state as any Queen in Europe She is reputed the second person in the Kingdom and the Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity She is allowed Regal Robes Ornaments and a Crown of the same form as an absolute Queen weareth and may be as formerly they were crowned with Royal Solemnity the performance of which Office properly belongeth to the Archbishop of York And although their Coronations of late have been disused yet they have as much honour and enjoy the same priviledges as if that Ceremony had been done And the manner and solemnity at the Coronation of a Queen is at large set down in most of our Chronicles and in particular in Holinshead and Stow upon the splendid Coronation of Anna Bulloign in the Reign of King Henry the Eighth to which I refer the Reader The Queen is permitted to sit in state by the King and to keep a distinct Court from the King 's although she be the Daughter of a Nobless and hath her Courtiers in every Office as hath the King though not altogether so many and hath her Yeomen of her Guard to attend her on foot and within doors and her Lifeguard of Horse for her state and security when she goeth abroad She hath her Attorney Solicitor and Counsel for the management of her Law concerns who have great respect shewed them being placed within the Barr with the King's Counsel in all Courts of Judicature Although she be an Alien and a Feme covert during the King's Life yet without any Act of Parliament for Naturalization or Letters Patents for her Denization she may purchase Lands in Feesimple make Leases in her own Name without the King hath power to give to sue and to contract Debts which by the Law is denied any other Feme Covert she may not be impleaded till first petitioned nor is the formality of fifteen days Summons to the Defendant needful if she be Plaintiff nor can she be amerced if she be Nonsuited in any Action she may present by her self to a Spiritual Benefice Anciently the Queens had a Revenue called Aurum Reginae that is the Queen's Gold which was the tenth part of what came to the King by the name of Oblata upon Pardons Gifts c. but of late they keep to their Dowry viz. Forty thousand pounds per Annum besides fines upon the renewing of Leases which said Dowry is as large as any Queens in Christendome The like honour and respect that is due to the King is exhibited to the Queen as well by Foreigners as by the King's Subjects as is also to the Queen Dowager who looseth not her Dignity or Reverence although she should marry a private Gentleman as did Queen Kathâ—rine Widow to King Henry the Fifth who after she was married to Owen Teudor Esquire maintained her Action at Law as Queen of England The present Queen Consort is the thrice Illustrious Donna Katherina Infanta Portuguesa whose vertue and true piety ought to be taken notice of in all Histories â—or succeeding Queens to trace her Noble footsteps whom God preserve The Queen Dowager takes place next to the Queen Consort and in the absence of the King her Son or in his minority is sometimes made Queen Regent or Protectress but this trust is usually by the King 's own command or at the request of the three States assembled in Parliament to prevent the danger of an usurpation of the Crown the like trust is sometimes imposed upon the Queen Consort in her Husband's absence as by King Henry the Eighth twice during his Wars in France Note That during the minority of the King of England whatsoever Laws are enacted in Parliament under a Queen Regent or a Protectress are no longer binding than till the King attains to full age after which he may revoke and make void by his Letters Patents under the Great Seal The Daughters of the Kings of England are all styled Princeâ—â—es The eldest is called the Princess Royal and hath an aid or certain rate of money paid by every Tenant in Capite Knights Service and Soccage towards her marriage Portion as was levied by K. Iames when he married the Princess Elizabeth and to violate her Chaâ—â—ity is by the Law adjudged High Treason Of Noble VVomen WOmen in England according to their Husbands Qualities are either Honourable and Noble or Ignoble Their Honourable Dignities are Princesses Dutchesses Marchionesses Countesses Viscountesses and Baronesses The Nobless as the French call them are all Knights Ladies who in all writings are styled Dames all Esquires and Gentlemens wives only Gentlewomen The third sort comprehends the Plebeans and are commonly called Goodwives Noble women are so by Creation Descent or Marriage Of women honourable by Creation are divers Examples of which the first as I remember that we read of was Margaret Countess of Norfolk created by Richard the Second Dutchess of Norfolk And many of them had their Honours granted by Patents to themselves and the Heirs Males of their Bodies to be begotten with special Clauses that their Heirs Male shall have voices in Parliament Creation money their Mothers Titles as if a Dutchess he a Duke and if a Countess he an Earl with the Ceremony of Mantle Surcoat Coronet c. The like Grant was to Anna Bulloign when she was created Marchioness of Pembroke by Henry the Eighth Of a later date was the Lady Finch made Countess of Winchelsey who had all the said priviledges granted to her and her Heirs Male The Dutchess of Buckingham also in the time of King Iames. And in our Age we have divers Noble Ladies advanced to degrees of Honour viz. the Countess of Guilford Groom of the Stool to the Queen Mother and a faithful Servant to her in her banishment being
their Tenures were altered viz. Baronia as appeareth in Matthew Paris A. 1070. fol. 66. and of that Tenure have continued ever since as you may read by the Constitutions of Clarendon in the Reign of Henry the Second and in Glanvile and Bracton But the Tenures of all Abbots and Priors were extinguished by the uniting and coming of them to the Crown by the Statute of Dissolution of Monasteries For though the Nobility of England differ in Titles and certain Ceremonies yet a Baron enjoyeth the same priviledges And by experience it is found That Dukes and all other degrees of Nobility in Cases Criminal are tryed by Barons together with Marquisses Earls and Viscounts as their Peers and Peers of the Realm Nobilitas generally is of the word Nosco signifying in common phrases of speech Men of Generosity of Blood and Degree and therefore it is said Vir nobilis idem est quod notus per omnia or a vulgatus But especially it is applyed and used to express the reward of Vertue in honourable measure Ageneris claritate which being in part of distributive Justice remaineth with the highest Soveraign annexed to the Imperial Crown of this Realm For as Vertue is the gift of none but of God so the reward thereof with Honour cannot be the gift of any but the Supreme Governour being God's Vicegerent on Earth But when Honour and Arms be bestowed upon any if there shall arise contention between Competitors for the same the ancient policy of this Realm hath ordained a Special Court the Judges whereof in all times having been Right Honourable Personages viz. the Lord High Constable and the Earl Marshal and in latter times the Judge thereof only the Earl Marshal The Jurisdiction of the Court consisâ—eth in the Execution of that part of distributive Justice which concerneth the advancement and support of Vertue Nevertheless some men there are not duly considering of what principle and parts the Laws of this Realm do consist have laboured to prove that the Questions and Controversies of Nobility and Arms should not be determined by the Laws of the Realm but by the Civil Law framing to themselves many Arguments to prove the same but being of small value I pass them over The Common Laws as also the Laws of Charity used in the Marshals Court do prohibit any Subject of this Realm to receive Titles of Honour and Dignity by gift or donation from a Forreign Prince King or Emperor for it is a thing greatly touching the Majesty of the King and State of his Kingdom Est vis Majestatis inter insignia summae potestatis And if a man shall bring an Action and in the Writ is styled by such a Forreign Title the Defendant may plead in Abatement of his Writ That he is no Duke Marquis Earl or Baron whereupon if the Plaintiff as demanded take Issue the Issue shall not be tryed by the Jury but by the Records of Parliament wherein he faileth And if any English man be created Earl of the Empire or of any other Forreign Nation and the King also do create him into any Title of Honour in England he shall be named in all Judicial proceedings only by such Name and Title as he hath received from the King of this Realm whose Subject he is And if by the King of England he be not advanced to Title of Honour then he shall bear the name only of his Baptism and Surname unless he be a Knight For experience teacheth that Kings joyned in League together by certain mutual and as it were natural power of Monarchies according to the Laws of Nations have dismissed one anothers Subjects and Ambassadors graced with the Dignity of Knighthood A Duke of Spain or of another Forreign Nation cometh into England by the King 's safe Conduct in which also the King doth style him Duke according to his Creation nevertheless in all proceedings in the King's Courts he shall not be so stiled by his Title of Dignity And although the said Noble person be also by the King's Letters Patents and by his Forreign Name and Title of Dignity made Denizon for that is the right Name so called because his Legitimation is given to him Or if he be naturalized by Authority of Parliament wherein he seemeth to be in all things made as a Subject born yet shall he not be styled by his Foreign Titles of Dignity And so it is if a Nobleman of France or elsewhere come into England as Ambassador and by lawful Marriage hath a Son and the Father dieth the Son is by Birth a Natural Englishman yet he shall not bear the Title of Honour of his Father and the reason thereof is because that Title of Nobility had its Original by a French King and not by any natural Operation which thing is well proved both by Authority of Law and Experience in these days If a Postnaâ—us of Scotland or Ireland who in these days is a Natural Subject to the King of England or if any of his Posterity be the Heirs of a Nobleman of Scotland or Ireland yet he is none of the Nobility of England But if that Alien or Stranger born a Scot be summoned by the King 's Writ to Parliament and therein is styled by his Foreign or other Title whereunto he is invested within England by the King 's Grant then and from thenceforth he is a Peer of this Realm and in all Judicial and Legal Proceedings he ought to be so styled and by no other Name And it was the Case of Gilbert Humfrevile Earl of Angus in Scotland of it appertaineth to the Royal Prerogative of the King to call and admit an Alien born to have place and voice in his Parliament at his pleasure although it is put in practice very rarely and that for great and weighty Considerations of State And if after such Parliamentary Summons of such a Stranger born question do arise and the Issue be whether he is of that Title or no it may well be tryed by the Record which is the only lawful tryal in that Case But there is a Diversity worthy of Observation for the highest and lowest Degrees are universal and therefore a Knight Engglish or Stranger born is a Knight in all Nations in what place soever he received his Title and Dignity and so ought of right and by Law to be named in the King's Courts as aforesaid Also if the Emperor the King of Denmark or other Foreign King come into this Realm by safe conduct as he ought for a Monarch or absolute Prince though he be in League cannot come without the King's Licence and safe Conduct but any Subject to such a Foreign King in League may come without Licence In this Case he shall sue and be sued by the Name of Emperor or King or else the Writ shall abate There is a notable President cited out of Fleta where treating of the Jurisdiction of the King's Court of Marshalsea it is said And these things he might
Realm to do Justice shew Mercy keep Peace and Unity c. The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations by the Common Law of England or by Statutes The Regalia were anciently called Sacra Sacrorum as his Lands are called in Law Patrimoniâ—â— Sâ—câ—â—â— now commonly Royal Prerogaâ—ives The King being Principium Capâ—â— â—inis Parliâ—menti may of his meer will and pleasure Convoke Adjourn Remove and Dissolve Parliaments He may to any Bill that is passed by both Houses of Parliament refuse to give his Royal Assent without rendring a Reason and without his Assent a Bill is as a â—ody without a Soul He may at his pleasure encrease the number of the Members of both Houses by creating more Peers of the Realm and besâ—owing priviledges upon any other Towns to send Burgelles by Writ to Parliament and he may refuse to send his Writ to some others that have sate in former Parliaments He hath alone the choice and nomination of all Commanders and Officers for Land and Sea-service the choice and election of all Magistrates Counsellors and Officers of State of all Bishops and other Ecclesiastick Dignities also the bestowing and conferring of Honours and the power of determining Rewards and Punishments By Letters Patent his Majesty may erect new Counties Universities Bishopricks Cities Boroughs Colledges Hospitals Schools Fairs Markets Courts of Judicature Forests Chases Free Warrens c. The King by his Prerogative hath power to enfranchise an Alien and make him a Denison whereby he is enabled to purchase Lands and Houses and to bear Offices He hath the power to grant Letters of Mart or Reprisal to grant safe Conducts c. He hath at all times had the right of Purveyance or Preemption of all sorts of Victuals within the Verge viz. Twelve miles round of the Court and to take Horses Carts Ships or Boats for the Carriage of his Goods at reasonable rates Also by Proclamation to set reasonable rates and prices upon Flesh Fish Fowl Oats Hay c. sold within the limits of the Verge of the Court in the time of his Progress Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and until the King's Debts be satisfied he may protect the Debtor from the Arrest of other Creditors He may disâ—rein for the whole Rent upon one Tenant that holdeth not the whole Land He may require the Ancestors Debt of the Heir though not especially bound He is not obliged to demand his Rent according to the Custome of Landlords He may distrein where he pleaseth and sue in any of his Courts No Proclamation can be made but by the King No protection for a Defendant to obstruct the course of the Law against him if he be not one of his Majesties Menial Servants In case of loss by Fire or otherwise his Majesty granteth Patents to receive the Charitable Benevolences of the people No Forest Chase or Park to be made nor Castle Fort or Tower to be built without his Majesties especial Licence Where the King hath granted a Fair with Toll to be paid yet his Goods shall be there exempted from the said Duties of Toll His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance as Sheriff Constable Church-warden or the like All Receivers of Money for the King or Accomptants to him for any of his Revenues their Persons Lands Goods Heirs Executors and Administrators are at all times chargeable for the same for Nullum tempus occurrit Regi His Debtor hath a kind of Prerogative Remedy by a Quo minus in the Exchequer against all other Debtors or against whom they have any cause of personal Action supposing that he is thereby disabled to pay the King and in this Suit the King's Debtor being Plaintiff hath some priviledges above others In doubtful Cases semper praesumitur pro Rege no Statute restraineth the King except he be especially named therein The quality of his Person alters the descent of Gavelkind the Rules of joynt Tenancy No Estoppel can bind him nor Judgment final in a Writ of Right Judgments entred against the King's Title are entred with Salvo Iure Domini Regis That if at any time the King's Counsel at Law can make out his Title better that Jugment shall not prejudice him which is not permitted the Subject The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years and to marry his eldest Daughter at the Age of Seven years which Ayd is 20 s. for every Knights Fee and as much for every 20 l. per annum in Soccage Moreover if the King be taken prisoner Ayd-money is to be paid by the Subjects for his Redemption The King upon reasonable Causes him thereunto moving may protect any of his Subjects from Suits of Law c. In all Cases where the King is party his Officers with an Arrest by force of a Process at Law may enter and if any entrance be denied may break open the House of any man by force A Benefice or Spiritual Living is not full against the King by Institution only without Induction although it be so against a Subject None but the King can hold Plea of false Judgments in the Courts of his Tenants The King by his Prerogative is Summus Regui Custos and hath the Custody of the Persons and Estates of such as for want of understanding cannot govern themselves or serve the King that of Ideots to his own use and that of Lunaticks to the use of the next Heir So the Custody or Wardships of all such Infants whose Ancestors held their Lands by Tenure in Capite or Knights Service were ever since the Conquest in the King to the great honour and benefit of the King and Kingdom But abuses which too often happened made the people complain thereof which was the cause of its laying aside His Majesty is Vlâ—imus Haeres Regni and is as the great Ocean is of small Rivers the Receptacle of all Estates for want of Heirs or by Forfeiture Revert or Escheat to the King All Spiritual Benefices for want of presentation in due time by the Bishop are elapsed to the King All Treasure Trove that is Money or Gold and Silver plate or Bullion found and the owners unknown belongs to the King So doth all Waifs Strays Wrecks not granted away by him or any former Kings All waste Ground or Land recovered from the Sea All Lands of Aliens dying before Naturalization or Denization and all other things whereof the property is not known All Gold and Silver Mines in whose Ground soever they are found Royal Fish as Whales Sturgeons Dolphins c. Royal Fowl as Swans not mark't and swimming at Liberty on the River belong to the King In the Church the King's prerogative and power is
time but by a Statute made the Twelfth of Edward the First Wales was incorporated and united to England and became part thereof Also by another Statute made 27 Hen. 8. c. 24. a general resumption of many Liberties and Franchises heretofore granted or taken from the Crown as the Authority to pardon Treasons Murder Manslaughter and Felony also power to make Justices in Oyer Justices of Assize Justices of the Peace Goal deliveries and such like so that from thenceforth the King 's eldest Son hath only the Name and Style of Prince of Wales but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent may appear HENRY by the Grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Iustices Viscounts Governors Ministers and to all our Bayliffs and faithful Subjects Greeting Out of the Excellency of Royal Preheminence like leaves from the Sun so do inferior humours proceed neither doth the integrity of Royal Lustre and Brightness by the natural disposition of the Light affording Light feel any loss or detriment by such borrowed Lights yea the Royal Scepter is also much the more extolled and the Royal Throne exalted by how much the more Nobleness Preheminencies and Honours are under the power and command thereof And this worthy Consideration allureth and induceth us with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward in whom we behold and see our self to be honoured and our Royal House also and our people subject to us hoping by the grace of God by conjecture taken of his gracious future proceedings to be the more honourably strengthened that we may with honour prevent and with abundant grace prosecute him who in reputation of us is deemed the same with us Wherefore by the counsel and consent of the Prelates Dukes Earls Viscounts and Barons of our Kingdom being in our present Parliament We have made and created and by these Presents do make and create him the said Edward Prince of Wales and Earl of Chester And unto the same Edward do give and grant and by this Charter have confirmed the Name Style Title State Dignity and Honour of the said Principality and Connty that he may therein in Governing Rule and in Ruling direct and defend we say by a Garland upon his Head by a Ring of Gold upon his Finger and a Verge of Gold have according to the manner invested him to have and to hold to him and his Heirs the Kings of England for ever Wherefore we will and command for us and our Heirs that Edward our Son aforesaid shall have the Name Style Title State Dignity and Honour of the Principality of Wales and of the County of Chester aforesaid unto him and his Heirs the Kings of England for ever These being Witnesses the Reverend Father John Cardinal and Archbishop of Canterbury Primate of England our Chancellor and William Archbishop of York Primate of England Thomas Bishop of London John Bishop of Lincoln William Bishop of Norwich our most well beloved Cosins Richard Earl of Warwick Richard Earl of Salisbury John Earl of Wiltshire and our well beloved and faithful Ralph Cromwel Chamberlain of our House William Falconbridge and John Stourton Knights Dated at our Palace at Westminster the 15th day of March and in the year of our Reign 32. And here by the way may be observed That in ancient time and in the time of the English-Saxon Kings the use was as well in pennings of the Acts of Parliament as of the King's Letters Patents when any Lands Franchises or Hereditaments did pass from the King of any Estate of Inheritance as also in the Creations of any man unto Honour and Dignity the Conclusion was with the sign of the Cross in form aforesaid his testibus c. But long since that form hath been discontinued so that at this day and many years past the King's Patents for Lands Franchises and Hereditaments do conclude with Teste me ipso Nevertheless in all Creations of Honour and Dignity of Letters Patents the ancient form of concluding His testibus is used at this day And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince who is the Firstbegotten Son of the King and Heir apparent to the Crown for the time being perpetuis futuris temporibus be such Acts whereof the Judges and all the Realm must take Cognizance as of General Statutes For every Subject hath interest in the King and none of his Subjects who are within his Laws be divided from him being he is Head and Sovereign so that the business and things of the King do concern all the Realm and namely when it doth concern the Prince the Firstbegotten Son of the King and Heir apparent to the Crown Although the Prince by express words hath no priviledge by the Great Charter of the Forestâ— 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks passing by them and sent for by the King's Command yet the Prince is to take the benefit and advantage thereby as well as the Earls Bishops or Barons who are expressed Crompton's Courts des Iustices de Forest 167. In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament and other Assemblies was amongst other things made as followeth That no person or persons of what degree estate or condition soever his or they be of except only the King's Children shall at any time hereafter attempt to sit or have place on any side of the Cloth of Estate in the Parliament Chamber whether his Majesty be there personally present or absent The Prince shall not find Pledges for the prosecution of any Action and therefore shall not be amerced no more than the King or Queen should be The Prince is a distinct person from the King he is a Subject and holdeth his Principalities and Seigniories of the King and subject to the Law of the Land as a Subject And in token of the Prince's subjection he doth not upon his Posie in his Arms disdain the old Saxon words Ich Dieu I serve And there is a Case that Glascoine Chief Justice of England in the time of Henry the Fourth did commit the Prince who would have taken a Prisoner from their Bar in the King's Bench And the Prince did humbly submit himself and go at his Command And this did much rejoyce the King to see that he had a Judge so bold to administer Justice upon his Son and that he had a Son so gracious as to obey his Laws The Exercises befitting Princes whilst they are young are Chivalry and Feats of Arms and to adjoyn therewith the knowledge of the Law and God For it is the Duty and
the former which is by lybelling secret slandering or defaming of others for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth but seeming to sit quietly in his Study doth more deeply wound his Fame and Credit than the other boisterous person doth for he in a moment threatneth to do more than peradventure he is either able or hath courage to perform in all his life For his Passion thus discovering the Malice of his Heart doth give his Adversary warning to defend himself from him But this secret Canker the Libeller concealeth his Name hideth himself in a Corner and privily sâ—ingeth his Reputation and Credit and he knoweth not how to right himself and the greater is this Offence if done to a publick Magistrate or Minister of State for then it may bring a disturbance to the peace of the King and Kingdom And if it be against a private person the staining his Reputation will cause him not to be at quiet in Body and Mind until he hath found his Enemy which many times may lie so secretly hid that he cannot be discovered and then probably one innocent upon some suspicion or other may come to suffer for it Sometimes the malicious Defamer poureth forth his poyson in writing by a Scandalous Book Ballad Epigram or Rhime near the place where the party so abused doth most converse In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be severely punished for he may either be Indicted by the ordinary Course of the Common Law and if it be an exorbitant Offence then by Pillory loss of Ears Whipping c. or the party grieved may have an Action upon the Case against the Offender and recover his Damages And in this it is not material whether the Libel be true or false or the party scandalized be alive or dead or be of a good or ill Name yet our Laws are so made as to punnish him and such like men by a due Course of Justice And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman this may be added That it is usual for any person to usurp the Arms of another Further if a Nobleman's Coat-Armour and Sword of other Gentleman 's bearing Arms at the solemnizing of their Funerals is set up in the Church for the Honour of the deceased and is by the covetousness of the Incumbent that pretendeth right thereunto as Offerings due unto him afterwards taken down or if they be defaced by any other such are to be severely punished as Malefactors And in that case the Action shall not be given to the Widow though she be Executrix or Administratrix of her Husband's Goods for such things which serve for the Honour of the party deceased are not to be accounted inter bona Testatoris And the Heir shall have his Action as the Defender of his Ancestor's Honour But the wrong is offered to the House and Blood and therein specially to the Heir qui est totius geniturae splendor and therefore to him accrueth the right of Action for so it is reported by Sir Iohn Fern in his Glory of Generosity fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged OF VISCOUNTS CHAP. VII THE next Degree of Honour to an Earl is a Viscount which was anciently a Name of Office under an Earl who being an immediate Officer of the King 's in their County for that their personal attendance was oft-times required at the Court had his Deputy to look after the Affairs of the County which at this day is an Office and called a Sheriff retaining the Name of his Substitution in Latin therefore called Vicecomes But about the Eighteenth of Henry the Sixth it became a Degree of Honour who conferred this Title upon Iohn Lord Beaumont by Letters Patent A Viscount is created by Patent as an Earl hath a Hood Surcoat and Mantle which hath on it two Guards and a half of white plain Furr without Ermins And his Coronet is only pearled with a row of Pearls close to the Chaplet He hath the Title of the Right Honourable and truly Noble or Potent Lord He may have a Taveress in his own House and his Viscountess may have her Train born up by a Woman out of her Superior's presence and in their presence by a Man The Effigies of the Right honble Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties most honble Priuy Councell ct R. Whiâ—â— sculp The Rt. Honourable George Sauile Viscount Halifax Baron Sauile The Rt. Honourable Robert Paston Viscounâ— Yarmouth Baron Paston of Paston The Rt. Honourable Francis Viscount Nervport â—f Bradford Baron Nervport of High Ercâ—ll Ld. Leutenant of ye. County of Salop. Treasurer of his matys Household one of ye. Lds of his matys most honble Privy Councell The Rt. Honâ—rblâ— Thomaâ— Needham Lâ—rd Viscount Killmurrâ—y of the Kingdome of Ireland The Rt. Honorable Wiâ—liam Viscount Brouncker of Lyonâ— and Baron Brouncker of Nâ—â— Castle in the Kingdome of Ireland a. The R t Honâ—rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland The Rt. Honorable Maurice Berkeleyâ— Baron Beckeley of Rathdowne Viscount Fitz Harding of â—ear hauen in the Kingdome of Ireland The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley. The Right Honourable Francis Browne Viscount Montague The Right Honourable William Finnâ—â— Viscount and Baron Say and Seale The Right honble Edward Viscount Conway Barâ—n of Ragley in England and Viscount of Kilultagh in Ireland Leivetenant Generall of the Horse and one of the Lords of his Majestys moâ—t honble privy for the said Kinâ—dome of Ireland The Rt. Honourable Baptist Noel Viscounâ— Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire The Right Honourable William Howard Viscount and Baron Stafford The Rt. Honourable Thomas Bellasisâ—â— Viscount Folconbergh of Henknowle 〈◊〉 Falconbergh of Yarum Lord Leivtenant of North rideing of Yorkeshire one of the Ldâ— of his 〈◊〉 Most honble Priuy Councell â—he Rt. Honourable Iohn Mordant 〈…〉 Mordant of Aveland and Baron of Rygate The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate Metropolitan of all England one of yâ— Lords of his matys most honble privy Councell The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke Primate and Metropolitane of England c a. The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London Grand Almoner to his Maty one of the Lords of his matys most honble privy Councell c a. The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum Chancellor
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
capiant locum praecedentiam prae uxoribus omnium aliorum quorumcunque prae quibus mariti hujusmodi uxorum vigore praesentium habere debent locum praecedentiam Atque quod primogenitus filius ac caeteri omnes filii eorum uxores filiae ejusdem haeredum suorum praedictorum respectivè habeant capiant locum praecedentiam ante primogenitos filios ac alios filios eorum uxores filias omnium quorumcunque respective prae quibus patres hujusmodi filiorum progenitorum aliorum filiorum eorum uxores filiarum vigore praesentium habere debent locum praecedentiam Volumus etiam per praesentes pro nobis haeredibus successoribus nostris de gratia nostra speciali ac ex certa scientia mero motu nostris concedimus quod dictus nominetur appelletur nuncupetur placitet implacitetur per nomen Baronetti Et quod stylus additio Baronetti apponatur in fine nominis ejusdem haeredum masculorum suorum praedictorum in omnibus Literis Patentibus Commissionibus brevibus nostris atque omnibus aliis Chartis factis atque literis virtute praesentium ut vera legitima necessaria additio dignitatis Volumus etiam per praesentes pro nobis haeredibus successoribus nostris ordinamus quod nomini dicti haeredum masculorum suorum praedictorum in sermone Anglicano omnibus scriptis Anglicanis praeponatur haec additio videlicet Anglicè Sir Et similiter quod uxores ejusdem haeredum masculorum suorum praedictorum habeant utantur gaudeant hac appellatione videlicet Anglicè Lady Madam Dame respective secundum usum loquendi Habendum tenendum utendum gaudendum eadem statum gradum dignitatem stylum titulum nomen locum praecedentiam cum omnibus singulis Privilegiis caeteris praemissis praefat haeredibus masculis de corpore suo exeuntibus imperpetuum Volentes per Praesentes concedentes pro nobis haeredibus successoribus nostris quod praedictus haeredes sui masculi praedicti nomen statâ—m gradum stylum dignitatem titulum locum praecedentiam praedictam cum omnibus singulis Privilegiis caeteris praemissis successive gerant habeant eorum quilibet gerat habeat quodque idem haeredes sui masculi praedicti successive Baronetti in omnibus teneantur Et ut Baronetti tractentur reputentur Et eorum quilibet teneatur tractetur et reputetur Et ulterius de uberiori gratiâ nostrâ speciali ac ex certa scientia et mero motu nostris Concessimus ac per praesentes pro nobis haeredibus et successoribus nostris concedimus praefato haeredibus suis masculis praedictis quod numerus Baronettorum hujus Regni Angliae â—unquam posthac excedet in toto in aliquo uno tempore numerum ducentorum Baronettorum et quod dicti Baronetti et eorum haeredes masculi praedicti respectivè de tempore in tempus in perpetuum habebunt tenebunt et gaudebunt locos et praecedentias suas inter se videlicet quilibet eorum secundum prioritatem senioritatem Creationis suae Baronetti praedicti quotquot autem creati sunt vel creabuntur Baronetti per literas nostras Patentes gerentes Datas uno eodem die haeredes sui praedicti gaudebunt locis praecedentiis suis inter se secundum prioritatem quae cuilibet eorum dabitur per alias literas nostras patentes in ea parte primo conficiendas sine impedimento non aliter nec alio modo Et insuper de abundantiori gratiâ nostrâ speciali ex certa scientia mero motu nostris concessimus ac per praesentes pro nobis haeredibus successoribus nostris concedimus praefato haeredibus suis masculis praedictis quod nec nos nec haeredes vel successores nostri de caetero in posterum erigemus ordinabimus constituemus aut creabimus infrà hoc Regnum nostrum Angliae aliquem alium gradum ordinem nomen titulum dignitatem sive statum sub vel infra gradum dignitatem sive statum Baronum hujus Regni nostri Angliae qui erit vel esse possit superior vel aequalis gradui dignitati Baronettorum praedictorum sed quod tam dictus haeredes sui masculi praedicti quam uxores filii uxores filiorum filiae ejusdem haeredum masculorum suorum praedictorum de caetero in perpetuum liberè quietè habeant teneant gaudeant dignitates locos praecedentias suas praedictas prae omnibus qui erunt de talibus gradibus statibus dignitatibus vel ordinibus in posterum ut praefertur creandi respectivè secundum veram intentionem praesentium absque impedimento nostro haeredum vel successorum nostrorum vel aliorum quorumcunque Et ulterius per praesentes declaramus significamus beneplacitum voluntatem nostram in hac parte fore esse Et sic nobiscum statuimus decrevimus quod si postquam nos praedict numerum ducentorum Baronettorum hujus Regni Angliae compleverimus perfecerimus Contigerit aliquem vel aliquos eorundem Baronettorum ab hac vitâ discedere absque haerede masculo de corpore vel corporibus hujusmodi Baronetti vel Baronettorum procreato quod tunc nos non creabimus vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae sed quod numerus dictorum Ducentorum Baronettorum ea ratione de tempore in tempus diminuetur in minorem numerum cedet redigetur Denique volumus ac per praesentes pro nobis haeredibus successoribus nostris de gratia nostra speciali ac ex certa scientia mero motu nostris concedimus praefato haeredibus suis masculis praedictis quod hae Literae nostrae Patentes erunt in omnibus per omnia firmae validae bonae sufficientes effectuales in lege tam contra nos haeredes successores nostros quam contra omnes alios quoscunque secundum veram intentionem earundem tam in omnibus curiis nostris quam alibi ubicunque Non obstante aliqua lege consuetudine praescriptione usu ordinatione sive constitutione quacunque ante hac editâ habitâ usitatâ ordinatâ sive provisâ vel in posterum edendâ habendâ usitandâ ordinandâ vel providendâ Et non obstante aliqua alia re causâ vel materiâ quacunque Volumus etiam c. Absque â—ine in Hanaperio c. Eo quod expressa mentio c. In cujus rei c. Teste c. A CATALOGUE OF THE Baronets of England ACCORDING To their Creations from the first Institution to the last with their Seats and Titles expressed in their Patents Anno 9. Iacobi Regis 1611. May 22. 1611. 1 SIR Nicholas Bacon of Redgrave in Suffolk Kt. 2 Sir Richard Molineux of Sefton in Lancashire Kt. now Irish
Viscount 3 Sir Thomas Mauncell of Mergan in Glamorganshire Kt. 4 George Shirley of Staunton in Leicestershire Esq 5 Sir Iohn Stradling of St. Donates in Glamorganshire Kt. 6 Sir Francis Leeke of Sutton in Derbyshire Kt. now English Earl 7 Thomas Pelham of Laughton in Sussex Esq 8 Sir Richard Houghton of Houghton-Tower in Lancashire Kt. 9 Sir Henry Hobart of Intwood in Norfolk Kt. Attorney General to the King 10 Sir George Booth of Dunham-Massey in Cheshire Kt. now English Baron 11 Sir Iohn Peyton of Isleham in Cambridgeshire Kt. Extinct 12 Lionel Talmache of Helmingham in Suffolk Esq 13 Sir Gervase Clifton of Clifton in Nottinghamshire Knight of the Bath 14 Sir Thomas Gerard of Bryn in Lancashire Kt. 15 Sir Walter Aston of Tixhall in Staffordshire Kt. of the Bath since a Baron of Scotland 16 Philip Nevet of Buckenham in Norfolk Esq Extinct 17 Sir Iohn St. Iohn of Lidiard-Tregoz in Wiltshire Kt. 18 Iohn Shelley of Michelgrove in Sussex Esq Iune 29. 1611. 9 Iacobi 19 Sir Iohn Savage of Rock-Savage in Cheshire now English Earl 20 Sir Francis Barington of Barington-hall in Essex Kt. 21 Henry Berkley of Wimundham in Leicestershire Esq Extinct 22 William Wentworth of Wentworth-wood-house in Yorkshire English Earl 23 Sir Richard Musgrave of Hartley-Castle in Westmoreland Kt. 24 Edward Seymour of Bury-Pomeray in Devonshire Esq 25 Sir Moyle Finch of Eastwell in Kent Kt. now English Earl 26 Sir Anthony Cope of Hanwell in Oxfordshire Kt. 27 Sir Thomas Mounson of Carleton in Lincolnshire Kt. 28 George Gresly of Drakedow in Derbyshire Esq 29 Paul Tracy of Stanway in Glocestershire Esq 30 Sir Iohn Wentworth of Coffield in Essex Kt. 31 Sir Henry Bellasis of Newborough in Yorkshire Kt. now Viscount Faulconberg in England 32 William Constable of Flamborough in Yorkshire Esq 33 Sir Thomas Leigh of Stoneley in Warwickshire Kt. since English Baron 34 Sir Edward Noel of Brook in Rutlandshire Kt. now Viscount Cambden in England 35 Sir Robert Cotton of Conington in Huntingtonshire Kt. 36 Robert Cholmondleigh of Cholmondleigh in Cheshire Esq since Earl of Lempster Extinct 37 Iohn Molineux of Taversal in Nottinghamshire Esq 38 Sir Francis Wortley of Wortley in Yorkshire Kt. 39 Sir George Savile Senior Thornhill in Yorkshire Kt. now Viscount Halifax in England 40 William Kniveton of Mircaston in Derbyshire Esq 41 Sir Philip Woodhouse of Wilberly-hall in Norfolk Kt. 42 Sir William Pope of Wilcot in Oxfordshire Kt. now Earl of Down in Ireland 43 Sir Iames Harington of Ridlington in Rutlandshire Kt. 44 Sir Henry Savile of Metheley in Yorkshire Kt. Extinct 45 Henry Willoughby of Risley in Derbyshire Esq Extinct 46 Lewes Tresham of Rushton in Northamptonshire Esq Extinct 47 Thomas Brudenell of Dean in Northamptonshire Esq now Earl of Cardigan in England 48 Sir George St. Paul of Snarsford in Lincolnshire Kt. Extinct 49 Sir Philip Tirwhit of Stainfield in Lincolnshire Kt. 50 Sir Roger Dalison of Loughton in Lincolnshire Kt. Extinct 51 Sir Edward Carre of Sleford in Lincolnshire Kt. 52 Sir Edward Hussey of Henington in Lincolnshire Kt. 53 L'Estrange Mordant of Massinghamparva in Norfolk Esq 54 Thomas Bendish of Steeple-Bemsted in Essex Esq 55 Sir Iohn Wynne of Gwidder in Carnarvanshire Kt. 56 Sir William Throckmorton of Tortworth in Glocestershire Kt. 57 Sir Richard Worsley of Apledercombe in Hantshire Kt. 58 Sir Richard Fleetwood of Calwiche in Stafforshire Kt. 59 Thomas Spencer of Yarnton in Oxfordshire Esq 60 Sir Iohn Tufton of Hothfield in Kent Kt. 61 Sir Samuel Peyton of Knowlton in Kent Kt. 62 Sir Charles Morrison of Caishobury in Hartfordshire Kt. Extinct 63 Sir Henry Baker of Sissinghurst in Kent Kt. 64 Roger Apleton of South-Bemsted in Essex Esq 65 Sir William Sidley of Ailesford and Southfleet in Kent Kt. 66 Sir William Twisden of Royden-hall in East-Peckham in Kent Kt. 67 Sir Edward Hales of Woodchurch and now of Tunstall in Kent Kt. 68 William Monins of Waldersher in Kent Esq 69 Thomas Mildway of Mulsham in Essex Esq 70 Sir William Maynard of Eastanes or Easton parva in Essex Kt. now English Baron 71 Henry Lee of Quarendon in Buckinghamshire Esq now Earl of Litchfield in England Anno 1612. Nov. 25. 72 Sir Iohn Portman of Orchard in Somersetshire Kt. 73 Sir Nicholas Saunderson of Saxby in Lincolnshire Kt. now Viscount Castleton in Ireland 74 Sir Miles Sandys of Wimbleton in the Isle of Ely Kt. 75 William Gostwick of Willington in Bedfordshire Esq 76 Thomas Puckering of Weston in Hartfordshire Esq Extinct 77 Sir William Wray of Glentworth in Lincolnshire Kt. 78 Sir William Aylofte of Braxsted magna in Essex Kt. Nov. 25. 1612. 79 Sir Marmaduke Wivell of Constable-Burton in Yorkshire Kt. 80 Iohn Penshall of Horsley in Staffordshire Esq 81 Francis Englesfield of Wotton-Basset in Wiltshire Esq 82 Sir Thomas Ridgeway of Torre in Devonshire Kt. now Earl of Londonderry in Ireland 83 William Essex of Bewcott in Berkshire Esq 84 Sir Edward Gorges of Langford in Wiltshire Kt. since a Baron of Ireland 85 Edward Devereux of Castle-Bromwich in Warwickshire Esq now Viscount Hereford in England 86 Reginal Mohun of Buckonnock in Cornwal Esq since an English Baron 87 Sir Harbottle Grimston of Bradfield in Essex Kt. 88 Sir Thomas Holt of Aston juxta Burmingham in Warwickshire Kt. Sept. 24. 1612. 89 Sir Robert Naper aliàs Sandy of Lewton-How in Bedfordshire Kt. 90 Paul Banning of Bentley parva in Essex since Viscount in England Extinct 91 Sir Richard Temple of Stow in Buckinghamshire Kt. 92 Thomas Penystone of Leigh in Sussex Esq 93 May 27. 1615. Thomas Blackstone of Blackstone in the Bishoprick of Durham Esq 94 Iune 10. Sir Robert Dormer of Wing in Bucks Kt. since Earl of Carnarvan 95 April 5. 1617. Sir Rowland Egerton of Egerton in Cheshire Kt. 96 April 16. Roger Townsend of Rainham in Norfolk Esq now an English Baron 97 May 1. Simon Clark of Salford in Warwickshire Esq 98 Oct. 2. Edward Fitton of Houseworth in Cheshire Esq Extinct 99 March 11. Sir Richard Lucy of Broxburne in Hertfordshire Kt. now enjoyed by Sir Kingsmill Lucy of Facombe in Hantshire 100 May 25. 1618. Sir Matthew Boynton of Bramston in Yorkshire Kt. 101 Iuly 25. Thomas Littleton of Frankley in Worcestershire Esq 102 Dec. 24. Sir Francis Leigh of Newnham in Warwickshire Kt. an English Earl Extinct 103 Feb. 25. Thomas Burdet of Bramcote in Warwickshire Esq 104 March 1. George Morton of St. Andrews Milborn in Dorsetshire Esq 105 May 31. 1619. Sir William Hervey of Kidbrook in Essex Kt. since a Baron of England and Ireland now Extinct 106 Iune 4. Thomas Mackworth of Normanton in Rutlandshire Esq 107 15. William Grey of Chillingham in Northumberland Esq now Baron Warke in England 108 Iuly 19. William Villiers of Brooksby in Leicestershire Esq 109 Iuly 20. Sir Iames Ley of Westbury in Wiltshire Kt. since Earl of Marlborough in England 110 21. William Hicks of Beverston in Glocestershire Esq 111 Sept. 17. Sir Thomas Beaumont of Coleorton
in Leicestershire Kt. since a Viscout of Ireland 112 Nov. 10. Henry Salisbury of Leweney in Denbeighshire Esq 113 16. Erasmus Driden of Canons-Ashby in Northamptonshire Esq 114 28. William Armine of Osgodby in Lincolnshire Esq 115 Dec. 1. Sir William Bambury of Howton in Yorkshire Kt. Extinct 116 3. Edward Hartop of Freathby in Leicestershire Esq. 117 31. Iohn Mill of Canons-Court in Sussex Esq 118 Ian. 31. Francis Ratcliff of Darent-water in Cumberland Esq 119 Feb. 6. Sir David Foulis of Ingleby-mannour in Yorkshire Kt. 120 16. Thomas Phillips of Barington in Somersetshire Esq 121 Mar. 7. Sir Claudius Forster of Bramburgh-Castle in Northumberland Kt. 122 23. Anthony Chester of Chickley in Buckinghamshire Esq 123 28. 1620. Sir Samuel Tryon of Laire-Marney in Essex Kt. 124 April 2. Adam Newton of Charlton in Kent Esq 125 12. Sir Iohn Boteler of Hatfield-Woodhall in Hartfordshire Kt. since a Baron of England 126 13. Gilbert Gerrard of Harrow-hill in Middlesex Esq 127 May 3. Humphrey Lee of Langley in Shropshire Esq 128 5. Richard Berney of Park-hall in Redham in Norfolk Esq 129 20. Humphrey Forster of Aldermaston in Berkshire Esq 130 29. Thomas Bigs of Lenchwick in Worcestershire Esq Extinct 131 30. Henry Bellingham of Helsington in Westmoreland Esq Extinct 132 31. William Yelverton of Rougham in Norfolk Esq 133 Iune 1. Iune Scudamore of Holm-Lacy in Herefordshire Esq now an Irish Viscount 134 2. Sir Thomas Gore of Stitnam in Yorkshire Kt. 135 22. Iohn Packington of Alisbury in Buckinghamshire Esq 136 28. Ralph Ashton of Lever in Lancashire Esq 137 Iuly 1. Sir Baptist Hicks of Camden in Glocestershire Kt. now Viscount Camden in England 138 Iuly 3. Sir Thomas Roberts of Glassenbury in Kent Kt. 139 8. Iohn Hanmer of Hanmer in Flintshire Esq 140 8. Edward Fryer of Water-Eaton in Oxfordshire Esq Extinct 141 13. Edward Osborn of Keeton in Yorkshire now Earl of Danby in England 142 20. Henry Felton of Playford in Suffolk Esq 143 20. William Challoner of Gisborow in Yorkshire Esq 144 24. Sir Thomas Bishop of Parham in Sussex Kt. 145 26. Sir Francis Vincent of Stoke d' Abernon in Surrey Kt. 146 Feb. 27. Henry Clere of Ormsby in Norfolk Esq 147 March 8. Sir Benjamin Titchborne of Titchborne in Hantshire Kt. 148 May 5. 1621. Sir Richard Wilbraham of VVoodhey in Cheshire Kt. 149 8. Sir Thomas Delves of Duddington in Cheshire Kt. 150 Iune 23. Sir Lewes VVatson of Rockingham-Castle in Northamptonshire Kt. since an English Baron 151 29. Sir Thomas Palmer of VVingham in Kent Kt. 152 Iuly 3. Sir Richard Roberts of Truro in Cornwall Kt. now Baron Truro 153 19. Iohn Rivers of Chafford in Kent Esq 154 Sept. 6. Thomas Darnell of Heyling in Lincolnshire Esq 155 14. Sir Isaac Sidley of Great Chart in Kent Kt. 156 21. Robert Brown of VValcot in Northamptonshire Esq 157 Oct. 11. Iohn Hewit of Headley-hall in Yorkshire Esq 158 16. Henry Iernegan of Cossey in Norfolk Esq 159 Nov. 8. Sir Nicholas Hide of Albury in Hertfordshire Kt. Extinct 160 9. Iohn Phillips of Picton in Pembrokeshire Esq 161 24. Sir Iohn Stepney of Prendergast in Pembrokeshire Kt. 162 Dec. 5. Baldwin VVake of Clevedon in Somersetshire Esq 163 20. VVilliam Masham of High-Laver in Essex Esq 164 21. Iohn Colebrond of Bocham in Sussex Esq 165 Ian. 4. Sir Iohn Hotham of Scarborough in Yorkshire Kt. 166 14. Francis Mansell of Mudlescomb in Carmarthenshire Esq 167 18. Edward Powel of Penkelley in Herefordshire Esq Extinct 168 Feb. 16. Sir Iohn Gerrard or Garrard of Lamer in Hartfordshire Kt. 169 23. Sir Richard Grosvenour of Eaton in Cheshire Kt. 170 Mar. 11. Sir Henry Moody of Garesdon in VViltshire Kt. Extinct 171 17. Iohn Barker of Grimston-hall in Trimley in Suffolk Esq 172 18. Sir VVilliam Button of Alton in Wiltshire Kt. 173 26. 1622. Iohn Gage of Ferle in Sussex Esq 174 May 14. VVilliam Goreâ—â—g of Burton in Sussex Esq 175 18. Peter Courteen of Aldington in VVorcestershire Esq Extinct 176 23. Sir Richard Norton of Rotherfield in Hantshire Kt. 177 30. Sir Iohn Laventhorp of Shingle-hall in Hertfordshire Kt. 178 Iune 3. Capell Bedell of Hamerton in Huntingtonshire Esq Extinct 179 13. Iohn Darell of VVestwoodhey in Berkshire Esq 180 15. VVilliam VVilliams of Veynol in Carnarvanshire Esq 181 18. Sir Francis Ashby of Hatfield in Middlesex Kt. 182 Iuly 3. Sir Anthony Ashley of St. Giles-VVinborne in Dorsetshire Kt. Extinct 183 4. Iohn Cooper of Rochbourn in Hantshire Esq now Earl of Shaftsbury in England 184 17. Edmund Prideaux of Netherton in Devonshire Esq 185 21. Sir Thomas Haselrigg of Nousley in Leicestershire Kt. 186 22. Sir Thomas Burton of Stockerston in Leicestershire Kt. 187 24. Francis Foliamb of VValton in Derbyshire Esq Extinct 188 30. Edward Yate of Buckland in Berkshire Esq 189 Aug. 1. George Chudleigh of Ashton in Devonshire Esq 190 2. Francis Drake of Buckland in Devonshire Esq 191 13. VVilliam Meredith of Stansly in Deubighshire Esq 192 Oct. 22. Hugh Middleton of Ruthin in Deubighshire Esq 193 Nov. 12. Gifford Thornhurst of Agne-Court in Kent Esq 194 16. Percy Herbert ofâ— Redcastle in Montgomeryshire Esq 195 Dec. 7. Sir Robert Fisher of Packington in VVarwickshire Kt. 196 18. Hardolph VVastneys of Headon in Nottinghamshire Esq 197 20. Sir Henry Skipwith of Prestwould in Lincolnshire Kt. 198 22. Thomas Harris or Herris of Boreatton in Shropshire Esq 199 23. Nicholas Tempest of Stella in the Bishoprick of Durham Esq 200 Feb. 16. Francis Cottington of Hanworth in Middlesex Esq since an English Baron and now Extinct 201 April 12. 1623. Thomas Harris of Tong-Castle in Shropshire Esq Extinct 202 Iune 28. Edward Barkham of South-acre in Norfolk Esq 203 Iuly 4. Iohn Corbet of Sprouston in Norfolk Esq 204 Aug. 13. Sir Thomas Playters of Sotterley in Suffolk Kt. Baronets according to their Creations by King Charles the First 205 Iuly 27. 1626. Sir Iohn Ashfield of Netherhall in Suffolk Kt. 206 Sept. 8. Henry Harpur of Calke in Derbyshire Esq 207 Dec. 20. Edward Seabright of Besford in Worcestershire Esq 208 Ian. 29. Iohn Beaumont of Grace-dieu in Leicestershire Esq Extinct 209 Feb. 1. Sir Edward Dering of Surrenden-Dering in Kent Kt. 210 5. George Kempe of Pentlone in Essex Esq 211 Mar. 10. William Brereton of Hanford in Cheshire Esq 212 12. Patricius Curwen of Workinton in Cumberland Esq Extinct 213 William Russel of Witley in Worcestershire Esq 214 14. Iohn Spencer of Offley in Hartfordshire Esq 215 17. Sir Giles Estcourt of Newton in Wiltshire Kt. 216 Apr. 19. 1627. Thomas Aylesbury Esq one of the Masters of Requests Extinct 217 21. Thomas Style of Waterinbury in Kent Esq 218 May 4. Frederick Cornwallis of in Suffolk Esq 219 7. Drue Drury of 〈◊〉 in Norfolk Esq 220 8. William Skeffington of Fisherwick in Staffordshire Esq 221 11. Sir Robert Crane of Chilton in Suffolk Kt. Extinct 222 17. Anthony Wingfield of Goodwins in Suffolk Esq 223 17. William Culpeper of Preston-hall in
Gouernor of Plimouth who wa◠〈◊〉 of Honor to his maty in his exile now 〈◊〉 yeâ—â—oomes of 〈◊〉 Bedchamberâ— Captaine in his Foot Guards 〈◊〉 Mariet of Whitchurch in Warwickshire of 〈◊〉 Prâ—ston in Glocestershire Esq maried one of th◠〈◊〉 and hâ—yrâ—s of Sr. Richard Brawnâ— of 〈◊〉 in the said County of Glocester Knight Walter Chetwynd of Ingestre in ye. County of Stafford Esq Samuel Pepys of Brampton in Huntinâ—â—tonshire Esq Secretary of the Admiralty his maty King Charles the Second Descendeâ— of the antient family of Pepys of Cottenham in Cambridgâ—â— â—â—hn Georges of Bawton in Glocestershire Esq a member of the Honourable house of Comons for this present Parliament 1677 descended the antient and Worthy family of the Georges of Cicester in the said County Iohn Butler D. D. Chaplain in ordinary to his 〈◊〉 King Charles the 2d. and Canon of Windsor marâ—â— Susanna one of the daughters of Sr. Edward Thomas of Lamihangle in Glamorganshire Bart. â—â—ptaine Iohn Loggan of Idbury in Oxfordshirâ— and of Bassetsbury in Comâ— Bucks Maried Mary Sole Daughter and heire of Hugh Dâ—rrell of Millend in the said County of Buckinghaâ— Gent. Henry Pilkington of Stanton in the County of Derby Esqr. George Bowen Esqr. lineally descended from and present heire unto the antient family of the Bowens of Courthouse in the seigniory of Gower in Glomorganshire Henry Gilbert son and heyre of Henry Gilbert of Lockoe in Derbyshire Esqr. by Elizabeth daughter and Coeheyre of Sr. Iohn Barnard of Abington in Northamptonshire Knight Iohn Colwall of the Inner Temple London Esqr. Samuel Sanders son heyre apparent of Thomas Sanders of Ireton in Derbyshire Esqr. which maried Margaret daughter and Coeheyre of Evers Armyne of Osgodby in the County of Lincolne Esqr. Richard Goodlad of the Citty of London Esqr. Lewis Inkledon of Buckland in the Parish of Branton in the County of Devon Esqr. Thomas Rawlins of Langarran in the County of Hereford Esqr. Colonell Titus of Bushy in the County of Herâ—ford one of the Groomes of his matys Bedchamber c. Thoâ— Dereham Esq of the antient family of Dereham at Dereham in Norfolk Servant to his Majesty King Charles the 2d. Eâ—an Seqâ— of Boverton in the County of Glaâ—morgan sergeant at Law of which Coat and family see more in the body of the Booke Section 6. Chapter â— â—ndrew Lant of Thorp vnderwood alias Thorp Billâ—â— in Northamptonshire Esq son of Robert Lant of London Merchant by Elizabeth Daughter heyre of Rich Andrews of Thorp vnderwooâ—â—â—â—resaid Gent. which said Andrew Lant is now maried to Iudith◠〈◊〉 daughter of Will Vannam of London Esq Iohn Darnall of the Middle Temple London Esqr. now maried to Mary daughter of William Bacon of St. Clements Danes in Middlesex Esqr. Gabriel Armiger of North Creakâ— in the County of Norfolk and of the Inner Temple London Esq â— William Dutton Colt Esq r son of George Colt of Colt Hall in Suffolk Esq r by Elizabeth daughter and Coheyre of Iohn Dutton of Sherbourn in Glocestershire Esqr. which said William is now maried to Lucy sole daughter of Thomas Webb of in Kent Esqr. Randolph Egerton of Betley in Staffordshire Esqr. first Leivtenant and Major of his Matâ—s owne Troop of Guards under the comand of his grace Iames Duke of Monmouth first maried to Penelope daughter of the Rt. honble Rob viscount Kilmurrey of the Kingdome of Ireland and now to Eiliz â—aughter and heyre of Henry Murrey Esq r one of the Gent of his Matis Bed-chamber to K. Charles the first by Ann now viscountess Banning Iohn Wildman of Beaucot alias Becket in the County of Berks Esqr. Nathan Knight of Ruscombe in Berkshire Esq r intermariat â—th Margaret Eldest daughter and Coheire of William Stroode of Ruscombe Aforesaid Esqr. William Petyt of the Inner Tâ—mple London Esq r and Silvester Petyt Genâ— Brother to the Sd. Wm. descâ—ndeâ—â— by Gilbert a Younger sonn of Sr. Iohn Petytâ— From â—â— Antient family of that name who were Lords of Ardever in Cornwall tempore H. â— Iohn Lamphigh of Lamplugh in Cumberland Esqr. Collonell of a foot Regiment at Marston Moore in Yorkshire under the Command of his Highâ—ness Prince Rupert of wch Family see more in the body of the Bookeâ— section 2d. Chapt â— Thomas Burton of the City of London Esq Thomas Madden of the Inner Temple London Esâ— desâ—ended of ye. Maddens Formerly of Muddenton in Milâ—shire who are now seated at Rousky Castle in 〈◊〉 County of Fermanaugh in the Kingdome of 〈◊〉 Godwin Swift of Gooderidge in the County of Hereford Esq one of the society of Graâ—s Inn descend of the Family of ye. Swists of York-shire Henry Raâ—â—sford B. D and Rector of Stanmoâ—e Magna in the County of Midd Maried Mary one of ye. Daughters of Iohn Montfort of Jewing in ye. County of Hartford D. D. Residentiary of St Pauls London Nathaniel Stoughton of St. Iohns near Warwick in Warwick shire Esq lineally descended from the antient family of the Stâ—ughtons of Stoughton in Surrey now maried to Ann daughter and heyre of Will Brough late Deane of Glocester deceased of this family see more in the body of the booke Section 6. Chap 1. Capt. Iohn Clifford of Frampton upon Severne in Glocestershire whose family have there continued ever since the Reigne of Will the Conqueror takeing its rise from Puntins a noble man of Normandy who came into England with the said Will whose second sonn Osbert held the said Frampton and from whom for want of issue it descended to Walter de Clifford the predecessor of the said Iohn of wch Coate and family see more in the body of the booke section 5. Chapter 4. Richard Booth of the Citty of London Esqr. descended from the Booth's of Witton in Warwickshire now maried to Elizabeth daughter of Iohn Hopcroft Cittizen of London Thomas Stephens Esq r only son and heyre of S. Tho. Stephens of little Sodbury in Glocestershire Kt now liveing whose Grandfather Tho Stephens was Attourney Generall to Prince Henâ— and after his decease to K. Charles the first when Prince of Wales in wch service he dyed of this family see more in the body of the booke section 3. chap. 20. William Iollife of Carswall Castle in Stafford shire Esqr. who first maried Martha eldest daughter of Thomas Foley of Witley Court in Worcestershire Esq r and now the Lady Mary Hastings daughter of the Rt. honble Ferdinando late Earle of Huntington Henry Arthington of Arthington in the west Rideing of York shire Esq â— Thomas Modyford of Easttuar in the County of Kent Esqrâ— Collonell of a Regiment of Foot at Port Royall in the Island of Iamaica sonn and heyre of Sr. Tho. Modyford Bart. late Governor of the Sd. Island Erasmus Smith alias Herâ—â— of St. Iones in the parish of Clarkenwell in Midd Esqr. sonn of Sr. Roger Smith of Edmonthorp in Leicestershire Kt. decâ—ased descended from the antient family of the Smiths of Withcock in the s â— County â—câ— S
Scotch Kings to our gracious Soveraign Charles the Second into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body under a Head unto which each one may justly claim an interest God hath thus restored our ancient Government and seated our Soveraign in the Throne of his Ancestors giving him a power just and absolute as well to preserve as curb his people being not only Major singulis but Major universis and his power is super totam Rempublicam which I thus prove Either the whole power of the Commonwealth is in one or not if not then he is no absolute King or Monarch but if he be as all must yield a Monarch I ask if there be a power in the Commonwealth which is not in him Is it subordinate to his power or not If subordinate than his power is above that power and so super totam Rempublicam Major universis if it be not then there are a simul semel to Supream Civil Powers in the same individual Kingdom and Gubernation and yet divided against it self which is most absurd and impossible This in Answer to a monstrous Pamphlet which the lasciviousness of our late unhappy Wars produced which asserted Rex minor universis But the Divine Providence hath I hope put a period to all such Trayterous Tenents and concluded such Disputes by Acts of Parliament so that no person for the future shall dare to question who hath the right of making Peace or War the power of Militia by Land and Sea all strong Holds and Forts c. being the inherent right of the English Monarchs by their Prerogative Royal. The King is God's Vicegerent and ought to be obeyed accordingly If good he is a blessing if bad a judgment and then against whom we are to use no other weapons but prayers and tears for his amendment He is styled Pater Patriae Caput Reâ—publicae and because the protection of his Subjects belongs to his care and office the Militia is annext to his Crown that the Sword as well as the Scepter may be in his hand The Parliament then all Roman Catholicks in the behalf of Henry the Eighth writ to the Pope declaring that his Royal Majesty is the Head and the very Soul of us all his Cause is the Cause of us all derived from the Head upon the Members his Griefs and Injuries are ours we all suffer equally with him Camden in his Britannia fol. 100. calls the King the most excellent part of the Commonwealth next unto God He is under no Vassuage he takes his Investure from no man Rex non habet Superiorem nisi Deum satìs habet ad poenam quod Deum expectat ultorem In England France Spain c. Kings are styled Dei Gratia c. and as the French King is said to be Rex Francorum Christianissimus the most Christian King of France The King of Spain the most Catholick The Emperour the Defender of the Church So the Kings of England by a Bull from Pope Leo the Tenth sent to King Henry the Eighth for a Book of Controversie written by him against Luther have the Title of Defenders of the Faith and by Act of Parliament he is declared Supream Head of the Church of England It is the manner also for Kings to write in the plural Number which is God's own style Mandamus Volumus c. and in the Scripture we find them called Gods in which sense they may be styled Divi or Dii quia Dei Vicarii Dei voce judicant Our Lawyers also say Rex est persona mixta cum Sacerdote habet Ecclesiasticam Spiritualem Iurisdictionem This shews the King's power in Ecclesiastical Causes being anoynted with Oyl as the Priests and afterwards the Kings of Israel were which signifies his person to be both Sacred and Spiritual And therefore at the Coronation hath put upon him a Priest's Garment called the Dalmatica or Colobium and other such Vests And before the Reformation the King as a Spiritual person received the Sacrament in both kinds He is capable of holding Tithes all Extra-Parochial Tithes some Proxies and other Spiritual profits belong to the King The Ceremonies at the Coronation of the King are many and with us in England more than in many other Countries As the Anoynting with Oyl which is proved by Mr. Selden to be of above one thousand years standing the Crown set upon his Head with many Religious Ceremonies besides the Ensigns of Regality which are a Ring to signiâ—ie his Faitâ—fulnes a Bracelet for Good Works a Scepter for Justice a Sword for Vengeance Purple Robes to attract Reverence and a Diadem triumphant to blazon his Glory It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capiâ—e etiam pectâ—re brachâ—is quod significat gloriam sanctitatem forâ—â—nâ— inâ—â—n King's are Anoynted on the Head to signiâ—â—e their Glory on the Breast to Emblematize their Sanctity and on their Arms to declare their power He is crowned with an Imperial Crown the Crown set on his Head by the Arch-bishop of Canterbury a prerogative belonging to that See as it is in Spain to Toledo in France to Rheims and in Sueden to Vpsalia But this Imperial Crown hath not been long in use amongst us though our Kings have had Imperial Commands as over Scotland Ireland Man and other Isles being in a manner like that of an Earls now Neither is it found that any such thing as a Diadem was at all in use until the tune of Constantine the Great For before the distinction was some kind of Chaplet or rather a white silk Fillet about the Head which was an ordinary way to distinguish them And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first King that was crowned with this Imperial Crown floried and arched was Henry the Third but some say Henry the First and indeed it is left in dispute However it is very probable and plain That the ancientest Ensign of Regal Authority was the Scepter which is every where spoken of both in Scripture and Prophane History There is another Ensign of their Authority which is a Globe or Mound with a Cross which hath been in use amongst us ever since Edward the Confessor's time which is placed in the left hand as is seen in most of their Coyns The Cross denoting his Faith the Globe his Empire by Sea and Land as 't is said of Iustinian the Emperor who was the first that ever used it The Office of the King of England according to Fortescue Pugnare bella populi sui eos rectissime judicare to fight the Battels of his people and to see Right and Justice done unto them or more particularly as is promised at the Coronation to preserve the Rights and Priviledges of Holy Church the Royal Prerogatives belonging to the Crown the Laws and Customs of the
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right