Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
Vindicta est mihi for all punishments do proceed from him in some of his Courts of Justice and it is not lawful for any Subâ—ect to revenge himself So he onely can be Judge in his own Cause though he deâ—â—ver his Judgement by the Mouth of his Judges And yet there are some â—hings that the King of England cannot do Rex Angliae â—ihil injuste potest and the King cannot devest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent and annext to the Crown not that there â—s any defect in the Kings Power as there is none in Gods Power though he cannot lie nor do any thing that implies Contradiction not but that the King of England hath as absolute a power over all his Subâ—ects as any Christian Prince rightfully and lawfully hath oâ— ever had not but that he still hath a kind of Omnipotency noâ— to be disputed but adored by his Subjects Nemo quidem 〈◊〉 factis ejus praesumat disputarâ— saith Bracton multo minuâ— contra factum ejus ire nam dâ—â— Chartis Fact is ejus non debenâ— neâ— possunt Justiciarii multâ— minus privatae personae disputare Not but that the King may do what he please without either opposition or resistance and without being questioned by his Subjects for the King cannot be impleaded for any Crime no Action lieth against his Person because the Writ goeth forth in his own Name and he cannot arrest himself If the King should seize his Subjects Lands which God forbid or should take away his Goods having no Title by Law so to do there is no remedy Onely this Locus erit saith the same Bracton supplicationi quod factum suum corrigat emendet quod quidem si non fecerit sufficit ei â—d paenam quod Dominum Dèum expectet Vltorem There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law which if he shall refuse to do it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects But there are also divers things which the King cannot do Salvo jure Salvo Juramento Salvâ Conscientia sua Because by Oath at his Coronation and indeed without any Oath by the Law of Nature Nations and of Christianity he holds himself bound as do all other Christian Kings to protect and defend his people to do justice and to shew mercy to preserve Peace and Quietness amongst them to allow them their just Rights and Liberties to consent to the Repealing of bad Laws and to the Enacting of good Laws Two things especially the King of England doth not usually do without the consent of his Subjects viz. make New Laws and raise New Taxes there being something of Odium in both of them the one seeming to diminish the Subjects Liberty and the other his Property therefore that all occasion of disaffection towards the King the Breath of our Nosthrils and the Light of our Eyes as he is stiled might be avoided it was most wisely contrived by our Ancestors that for both these should Petitions and Supplications be first made by the Subject These and divers other Prerogative rightfully belong and are enjoyed by the King of England Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land as the great God doth the World by the Laws of Nature yet in some Cases for the benefit not damage of this Realm they make use of their Prerogatives as the King of Kings doth of his Extraordinary Power of Working of Miracles Lastly To the Kings of England quatenus Kings doth appertain one Prerogative that may be stiled super-excellent if not miraculous which was first enjoyed by that pious and good King Edward the Confessor which is by the touch to remove and to cure the Struma that stubborn disease commonly called the Kings Evil. In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from his Subjects more Reverence Honour and Respect than the King of England All his People at their first Addresses kneel to him he is at all times served upon the Knee all Persons not the Prince or other Heir Apparant excepted stand bare in the presence of the King and in the Presence Chamber though in the Kings absence Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that by Patent he might at any time be covered in her presence but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the principal Nobility there called Grandees of Spain Any thing or Act done in the Kings Presence is presumed to be void of all deceit and evil meaning and therefore a Fine levied in the Kings Court where the King is presumed to be present doth bind a Feme Covert a married Woman and others whom ordinarily the Law doth disable to transact The Kings only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch of Justice he useth no other Witness but himself viz. Teste me ipso Of the Kings Succession to the Crown of ENGLAND THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England Upon the Death of the King the next of Kindred though born out of the Dominions of England or born of Parents not Subjects of England as by the Law and many Examples in the English Histories it doth manifestly appear is and is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Crown of England descends from Father to Son and to his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brother to the Sister and her Heirs The Salique Law or rather Custom of France hath here no more force than it had anciently among the Jews or now in Spain and other Christian Hereditary Kingdoms Among Turks and Barbarians that French Custom is still and ever was in use In Case of descent of the Crown contrary to the Custom of the descent of Estates among Subjects the Half Blood shall inherit so from King Edward the Sixth the Crown and Crown Lands descended to Queen Mary of the half blood and again to Queen Elizabeth of the half blood to the last Possessor At the death of every King die not only the Offices of the Court but all Commissions granted to the Judges durante beneplacito and of all Justices of Peace If the King be likely to leave his Crown to an Infant he doth usually by Testament appoint the person or persons that shall have the tuition of him and sometimes for want of such appointment a fit person of
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is â—all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be enâ—â—red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be arâ—aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood oâ— Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him iâ— seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amerâ—ed only 10 pounds and all under only 5 l. and this to be done by their Peers accordâ—ng to Magna Charta alâ—hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm beâ—ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome noâ— by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8â— Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and noâ— farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quateâ—us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts
Honourable Estate nor to be a Commander over Souldiers and therefore the English Nobility and Gentry till within late years judged it a stain and diminution to the honour and dignity of their Families to seek their Childrens support by Shop-keeping but only as in all great Monarchies by Military Court State or Church Emploiments much less to subject their Children to an Apprentisage a perfect Servitude for during that time whatever they gain by their Masters Trade or their own wit belongs all to their Master neither can they lie our of their Masters House noâ— take a Wife nor trade of their own but subject to all Houshold Work all Commands oâ— their Master undergo what punishment and eat and wear what their Master pleaseth which Marks of Slavery considered Heralds are of opinion that a Gentleman thereby loses his Gentility for ever till he can otherwise recover it and yet to the shame of our Nation we have seen of fare not onely the Sons of Baroners Knights and Gentlemen sitting in Shops and sometimes of Pedling Trades far more fit for Women and their Daughters but also an Earl of this Kingdom subjecting his Son to an Apprentisage and Trade but the folly of the English in swerving from their Ancestors steps herein as in other things is now apparent for those young Gentlemen possessing more noble and active Spirits could not brook such dull slavish lives and being thereby unfitted for other emploiments have generally taken ill debauched courses Priviledges The lower Nobility of England have fewer and lesse Priviledges than those in other Monarchies Some few Priviledges belong to Knights quatenus Knights 〈◊〉 a Knight be a Minor yet shall he be out of Wardship both for Lands Body and Marriage for though the Law doth judge him not able to do Knights Service till the Age of 21 years yet the King being Sovereign and Supreme Judge of Chivalry by dubbing him Knight doth thereby allow him to be able to do him Knights Service Knights are excused from attendance at Court-Leets They and their eldest Sons not compellable to find Pledges at the Visus Franci Plegii Knights by Magna Charta cap. 21. are so freed that no Demesne Cart of theirs may be taken The Son and Brother of a Knight by Statute law are capacitated to hold more than one Beenfice with cure of Souls By the Stat. Primo Jacobi It seems that Knights and their Sons though they cannot spend 10 l. per annum nor are worth 200 l. may keep Greyhounds Setting Dogs or Nets to take Pheasants or Partridges Some Priviledges also beâ—ong to Gentlemen Antientâ—y if an ignoble person did â—trike a Gentleman in England he was to lose his hand A Gentleman by Stat. Quint. Eliz. may not be comâ—elled to serve in Husbandry The Child of a Gentleman â—rought up to singing cannot â—e taken without the Parents â—nd Friends consent to serve â—n the Kings Chappel as others may The Horse of a Gentleman may not be taken to ride post Note That as there are somâ— Great Officers of the Crownâ— who for their Dignity anâ— Worth of their Places although they are not Noble men yet take place amongâ— the highest of the Higher Nobility so there are some Persons who for their Dignities in the Church-degrees iâ— the University Offices in thâ— State or Army although thâ— are neither Knights nor Gentlemen born yet take place amongst them So all Deanâ— Archdeacons Chancellours Prebends Doctors of Divinity Law and Physick Heads of Houses in the University usually take place nexâ— to Knights and before all Esquires and Gentlemen Likewise all Judges of Courts Mayors Bailiffs Justices of the Peace All Commissionated Officers in the Army as Colonels Master of Artillery Quarter-Master General c. All higher Officers in the Kings Court or State All Sergeants at Law c. These are wont to precede Esquires All Batchelors of Divinity Law and Physick all Doctors in the Arts commonly called Masters of Art all Barresters in the Innes of Court all Captains Officers in the Kings Houshold c. may equal if not precede Gentlemen that have none of those qualifications In England Gentry as in Germany all Nobility and Arms are held in Gavelkind descending to all the Sons alike only the eldest Son beareth Arms without difference which the younger may not Of the low Nobility in England the number is so great that there are reckoned at present above 500 Baronets more than the first intended number that is in all above 700 who are possest one with another of about 1200 l. a year in Lands Of Knights above 1400 who one with another may have about 800 l. Lands a year Of Esquires and Gentlemen above 6000 each one possest one with another of about 400 l. a year in Lands besides younger Brothers whose number may amount to about 16000 in all England who have small Estates in Lands but are commonly bred up to Divinity Law Physick to Court and Military Emploiments but of late too many of them to Shop-keeping The Lands in the possession of the lower Nobility will amount to about four Millions and sixty thousand pounds yearly Next to the lower Nobility and the first Degree of the Commons or Plebeans are the Freeholders in England commonly called Yeomen from the High Dutch Gemen or Gemain in English Common so in the Kings Court it signifieth an Officer which is in a middle place between a Sergeant and a Groom or else from the Low Dutch Yeman Some-body as the Spaniard calls a Gentleman Hidalgo Hijo d' algo that is the Son of Some-body The Yeomanry of England having Lands of their own to a good value and living upon Husbandry are lookt upon as not apt to commit or omit any thing that may endanger their Estates and Credits nor apt to be corrupted or suborned c. wherefore they are judged fit to bear some Offices as of Constable Churchwarden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire for Parliament c. In Cases and Causes the Law of England hath conceived a better opinion of the Yeomanry that occupy Lands then of Tradesmen Artificers or Labourers Husbandry hath in no age rendred a Gentleman ignoble nor uncapable of places of Honour Amongst the Romans some of the greatest Dictators and Consuls had been once Husbandmen and some of them taken from Plowing their Ground to bear those Highest Offices and Dignities so divers Princes Kings and Emperours have exercised Agriculture and the Grand Scipâ—o and the Emperour Dioclesian left their Commands to enjoy Husbandry By the Statutes of England certain Immunities are given to Freeholders and landed men though they are not Gentlemen Vide Stat. 1 Jacobi cap. 27. alibi Of the Free-holders in England there are more in number and richer than in any Countrey of the like extent in Europe 40 or 50 l. a year a piece is very ordinary 100 and 200 l. a year in some Counties is not rare Besides these
High Admiral of England whose Trust and Honour is so great that this Office hath usually been given either to some of the Kings younger Sons near Kinsmen or to some one of the highest and chiefest of all the Nobility He is called Admiral from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek that is Praefectus Marinus a word borrowed from the Eastern Empire where such kind of compounds were much in re-request and introduced into England after the Wars in the Holy Land by King Richard or King Edward 1. The Patent of the Lord Admiral did anciently run thus Angliae Hiberniae Aquitaniae Magnus Admirallus but at present thus Angliae Hiberniae ac Dominiorum Insularum earundem Villae Callesiae Marchiarum ejusdem Normandiae Gasconiae Aquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum To the Lord High Admiral of England is by the King intrusted the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that High Officer or Magistrate to whom is committed the Government of the Kings Navy with Power of decision in all Causes Maritime as well Civil as Criminal of all things done upon or beyond the Sea in any part of the World all things done upon the Sea Coasts in all Ports and Havens and upon all Rivers below the first Bridge next toward the Sea The Lord Admiral hath the power to commissionate a Vice-Admiral a Reer Admiral and all Sea Captains also Deputies for particular Coasts Coroners to view dead bodies found on the Sea Coasts or at Sea Commissioners or Judges for exercising Justice in the Court of Admiralty to imprison release c. He hath sometimes a power to bestow Knighthood to such as shall deserve it at Sea To the Lord Admiral belongs by Law and Custom all penalties and amercements of all Transgressors at Sea on the Sea Shore in Ports and from the first Bridge on Rivers towards the Sea also the Goods of Pyrats Felons or Capital Faulters condemned outlawed or horned Moreover all Waifs Stray Goods Wrecks of Sea Deodands a share of all lawful Prizes Lagon Jetson and Flotson as the Mariners term them that is Goods lying in the Sea on Ground Goods floting on the Sea and Goods cast by the Sea on the Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea Hogs and other Fishes of extraordinary bigness called Royal Fishes except only Whales and Sturgeons This High Dignity is at present enjoyed by the Kings only Brother the Illustrious Prince James Duke of York The Fifth Great Officer of the Crown is the Lord Great Chamberlain of England an Officer of great Antiquity to whom belongs Livery and Lodging in the Kings Court and certain Fees due from each Archbishop and Bishop when they do their Homage or Fealty to the King and from all Peers of the Realm at their Creation or doing the Homage or Fealty and at the Coronation of any King to have 40 Ells of Crimson Velvet for his own Robes and on the Coronation day before the King riseth to bring him his Shirt Coyfe Wearing Clothes and after the King is by him apparelled and gone forth to have his Bed and all Furniture of his Bed-Chamber for his Fees all the Kings Night Apparel and to carry at the Coronation the Coyfe Gloves and Linnen to be used by the King upon that occasion also the Sword and Scabberd and the Gold to be offered by the King and the Robe Royal and Crown and to undress and attire the King with his Robes Royal and to serve the King that day before and after Dinner with water to wash his hands and to have the Basin and Towells for his Fees c. This Honour was long enjoyed by the Earls of Oxford from the time of Hen. 1. by an Estate Tayle or Inheritance but in the two last Coronations by the Earls of Lindsey and that by an Estate of Inheritance from a Daughter or Heir General claimed and controverted The Sixth Great Officer is the Lord High Constable of England so called some think from the Saxon Cuning by contraction King and Stable quasi-Regis columen for it was antiently written Cuningstable but rather from Comes Stabuli whose Power and Jurisdiction was antiently so great that after the death of Edward Bohun Duke of Buckingham 1521 the last High Constable of England it was thought too great for any Subject But since upon occasion of Coronations as at that of King Charles 2. was made the present Earl of Northumberland and at Solemn Trials by Combat as at that which was intended between Rey and Ramsey 1631 was made Robert Earl of Lindsey there is created pro hac vice a Lord High Constable His Power and Jurisdiction is the same with the Earl Marshal with whom he sits Judge in the Marshals Court and takes place of the Earl Marshal The Seventh Great Officer of the Crown is the Earl Marshal of England so called from Mare in the old Saxon i.e. Horses and Schal Praefectus He is an Earl some say by his Office whereby he taketh as the Constable doth Cognisance of all matters of War and Arms determineth Contracts touching Deeds of Arms out of the Realm upon Land and matters concerning Wars within the Realm which cannot be determined by Common Law This Office is of great Antiquity in England and antiently of great Power The last Earl Marshal was Henry Howard Earl of Arundel who died in 1652 his Father Thomas Earl of Arundel and he enjoying that Office onely for the Term of their lives by the Kings Letters Patents At the Coronation of His Majesty now raigning the present Earl of Suffolk for that Solemnity only was made Earl Marshal The Eighth and last Great Officer of the Crown is the Lord High Steward of England quasi Stedeward Locum tenens the Kings Lieftenant in Lawyers Latin Seneschallus of Sen in Saxon Justice and Schals Governour or Officer His Power antiently in Civil Matters was next to the King and was so transcendent that it was thought fit not longer to trust it in the hands of any Subject for his Office was Supervidere regulare sub Rege immediatè post Regem as an antient Record speaks totum Regnum Angliae omnes ministros Legum infra idem regnum temporibus pacis guerrarum The last that had a State of Inheritance in this High Office was Henry of Bullinbrook Son and Heir to the great Duke of Lancaster John of Gaunt afterwards King of England since which time they have been made only hâc vice to officiate at a Coronation by vertue of which Office he sitteth judicially and keepeth his Court in the Kings Palace at Westminster and there receiveth the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise claim to do Services at the New Kings Coronation
Garter upon the Left Leg upon pain of paying 2 Crowns to any Officer of the Order who shall first claim it onely in taking a Journey a Blew Ribon under the Boot doth suffice Upon the Left Shoulder upon Cloak Coat or Riding Cassack in all places of Assembly when they wear not their Robes they are to wear an Escutcheon of the Arms of St. George that is a Cross with a Garter and this by an Order made April 1626. That Ornament and Embellishment about the said Escutcheon now worn and called the Star or rather the Sun in its glory was at the same time enjoyned The The greatest Monarchs of Christendome have been enrolled and have taken it for an Honour to be of this Order There have been of this Order since the Institution 8 Emperours 25 or 26 Forreign Kings besides many Soveraign Princes c. The Fellows and Companions of the Most Noble Order of St. George are at present these that follow ranked according as they are seated in their several Stalls at Windsor IN the first Stall on the right hand is the Soveraigne of the Order King Charles the Second who is Patron and Sole Disposer of the Order The Stall opposite to His Majesty is now void In the other Stalls on the Sovereign Side are thus placed these that follow 2 The Duke of York 3 Prince Rupert 4 Marquiss of Brandenbourgh 5 Earl of Salisbury 6 Earl of Northumberland 7 Duke of Buckingham 8 Earl of Bristol 9 Count Marsin 10 Earl of Sandwich 11 Duke of Richmond 12 Earl of Strafford 13th Stall is void On the other side opposite to these afore-named are placed in this Order these that follow 2 Prince Elector Palatine 3 Prince of Orenge 4 Prince of Denmark 5 Earl of Berkshire 6 Duke of Ormond 7 Duke of Newcastle 8 Prince of Tarent 9 Duke of Albemarle 10 Earl of Oxford 11 Earl of Manchester 12 Duke of Monmouth 13th Stall on this Side also is void The whole number of Fellows of this Order is not to exceed 26. In the next place are Knights Bannerets Equites Vexilliferi antiently a high Honour now obsolete there being at this time none of this Order in England These may bear Supporters of their Arms and none under this Degree Knights of the Bath so called of their Bathing used before they are created The first of this sort were made by Henry 4th Anno 1399. They are now commonly made at the Coronation of a King or Queen or Installation of 〈◊〉 Prince of VVales They weaâ— a Scarlet Ribon Belt-wise They are still made with much Ceremony too long here to be described Other Knights called Equites Aurati from the Gilt Spurs usually put upon them and Knights Batchelors quasi Baschevaliers Knights of lower Degree So Bachelors in Arts or Divinity quasi Low Knights or Servitors in Arts. These were antiently made by girding with a Sword and Gilt Spurs and was bestowed onely upon Sword men for their Military Service and was reâ—uted an excellent and glorious Degree and a Noble Reward â—or Courageous Persons but â—f late being made more common and bestowed upon â—own Men contrary to the â—ature of the thing as Degrees â—n the University are sometimes â—estowed upon Sword men it â—s become of much less reputaâ—ion Yet amongst Gown men 〈◊〉 is given only to Lawyers and â—hysitians and not to Divines â—ho may as well become that Dignity and be Spiritual Knights as well as Spiritual Lords These are now made with no other Ceremony but kneeling down the King with a drawn Sword lightly toucheth them on the Shoulder after which heretofore the King said in French Sois Chevalier au nom de Dieu and then Avances Chevalier When a Knight is to suffeâ— death for any foul Crime hiâ— Military Girdle is first to be ungirt his Sword taken away hiâ— Spurs cut off with an Hatchetâ— his Gantlet pluckt off and hiâ— Coat of Arms reversed Next amongst the Loweâ— Nobility are Esquires so called from the French word Escuyers Scutigeri because they were wont to bear before the Prince in War or before the better sort of Nobility 〈◊〉 Shield or else perhaps because they bear a Coat of Arms as Ensigns of their descent and by our Lawyers are called Armigeri Of this Title are first all Vicounts eldest Sons and all Vicounts and Barons younger Sons and by the Common Law of England all the Sons of Earls Marquisses and Dukes are Esquires and no more Next are the Esquires of the Kings Body mentioned among the Officers of the Kings Court after these are reckoned Knights eldest Sons and their eldest Sons for ever then younger Sons of the elder Sons of Barons next Esquires created by the King by putting about their Necks a Collar of Esses and bestowing on them a pair of Silver Spurs Lastly any that are in superiour Publick Office for King or State are reputed Esquires or equal to Esquires as Justices of the Peace Mayors of Towns so Councellours at Law Batchelors of Divinity Law or Physick although none of them really are so In the last place among thâ— lower Nobility are accounted the Gentry of England that have no other Title but are descended of antient Families that have alwayes born a Coaâ— of Arms. This Kind of Honour is derived from the Germans to the rest of Christendome and was never known in any Countrey where the German Customs were unknown as in Asia Africa and America The Germans antiently warring oft amongst themselves painted their Scutcheons with the Picture of some Beast Bird or other thing for distinction and put some eminent and visible Mark upon the Crest of their Helmets and this Ornament both of Arms and Crest descended by inheritance to their Children to the eldest pure and to the rest with some note of distinction such as the Old Master of Ceremonies in High Dutch Here-alt now Herald thought fit Gentlemen well descended and well qualified have alwayes been of such repute in England that none of the higher Nobility no nor the King himself have thought it unfitting to make them sometimes their Companions The Title of Gentleman in England as of Cavalier in France Italy and Spain is not disdained by any Nobleman All Noblemen are Gentlemen though all Gentlemen are not Noblemen The State of Gentry was antiently such that it was accounted an abasing of Gentry to put their Sons to get their Living by Shop-keeping and our Law did account it a disparagement of a Ward in Chivalry to be married to a Shop-keepers Daughter or to any meer Citizen for Tradesmen in all Ages and Nations have been reputed ignoble in regard of the doubleness of their Tongue without which they cannot grow rich for Nihil proficiunt nisi admodum mentiuntur as Tully observed and therefore amongst the Thebans no man was admitted to places of Honour or Trust unless he had left off trading ten years before So by the Imperial Laws a Tradesman is not capable of any