Selected quad for the lemma: justice_n
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A11878
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Titles of honor by Iohn Selden
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Selden, John, 1584-1654.
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1614
(1614)
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STC 22177; ESTC S117085
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346,564
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474
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of Lady Madame and Dame with a grant quod nec nos nec Heredes vel successores Nostri de caetero in posterum erigemus ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Angliae aliquem alium gradum Ordinem nomen titulum Dignitatem siue statum sub vel infra gradum dignitatem siue statum Baronum huius Regni nostri Angliae qui erit vel esse possit superior vel aequalis Gradui Dignitati Baronettorum praedictorum And further that after the proposed number of CC. made quod tunc nos non creâ—â—imus vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae sed quod Numerus dictorum CC. Baronettorum ea ratione de tempore in tempus minuetur in minorem numerum cedet redigetur Vpon point of precedence a great controuersie grew afterward between these new Baronets and the yonger sonnes of Viscounts and Barons and after the Counsell on both parts three seuerall dayes at large heard by his Maiestie in person it e 28. Maij. 10. Iacobi Regis was decreed adiudged and established that the yonger sonnes of Viscounts and Barons shall take place and precedence before all Baronets And that such Bannerets as shal be made by the Kings Maiestie his heirs and successors vnder his or their Standard displaied in an Armie Royall in open Warre and the King personally present for the terme of the liues of such Bannerets and no longer according to the most ancient and noble institution shall for euer hereafter in all places and vpon all occasions take place and precedence as well before all other Bannerets whatsoeuer no respect being had to the time and prioritie of their Creation as likewise before the yonger sonnes of Viscounts and Barons and also before all Baronets And again that the yonger sonnes of Visconts and Barons and also all Baronets shall in all places and vpon all occasions take place and precedenee before all Bannerets whatsoeuer other then such as shall be made by the King himself his heirs and successors in person and in such speciall case manner and forme as aforesaid And that the Knights of the most honorable Order of the Garter the Priuie Counsellors of his Maiestie his heirs and successors the Master of the Court of Wards and Liueries The Chancellour and vnder Treasurer of the Exchequer Chancellour of the Duchie the chief Iustice of the Court commonly called the Kings bench the Master of the Rolls the chief Iustice of the Court of Common pleas the chief Baron of the Exchequer and all other the Iudges and Barons of the degree of the Coife of the said Courtâ— now and for the time being shall by reason of their Honorable order and employment of State and Iustice haue place and precedencie in all places and vpon all occasions before the yonger sonnes of Visconts and Barons and before all Baronets any custome vse ordinance or other thing to the contrarie notwithstanding But that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets except only the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question euer was or can bee made And in the same Decree his Maiestie further granted to knight the present Baronets which were then no Knights and that the heires males of the bodie of euerie Baronet hereafter when he shall be of XXI yeers Vpon knowledge thereof giuen to the Lord Chamberlaine of the Houshold or Vicechamberlaine for the time being or in their absence to any other Officer attending vpon his Maiesties person shall be Knighted by his Maiestie his heirs and successors And that the Baronets and their descendants shall and may beare either in a Canton in their Coat of Armes or in an Inscutcheon at their election the Armes of Vlster that is a field Argent a hand Gueules And also that the Baronets for the time being and the heirs males of their bodies shall haue place in the Armies of the Kings Maiestie his heirs and successors in the grosse neer about the Royall Standard of the King his heirs and successors for the defence of the same And lastly that the Baronets and the heirs males of their bodies shall haue two assistants of the Bodie to support the Pall a Principall Mourner and foure assistants to him at their funeralls being the meane betwixt a Baron and a Knight I haue transcribed this because out of it may be collected somwhat touching other Dignities and although a Baronet being a descendible honor is not properly mongst Knights yet because by the Decree a Knighthood is so due 〈…〉 it I shall not be much subiect to error of method for putting it here as occasion also was offerd Those of the BATH were anciently mongst the old Franks Prisci Franci saith f Idem mos in Hispanis olim Hieronym Roman apud Menen in Equest Ord. vbi de Banda Ad equestâ—em dignitatem veteres ritus solennes reuocasse Franciscum 1. Galliarum Regem scribit Hadr. Iunius in Batauiae cap. 19. Du Tillet ceremonias instituendis Equitibus multas adhibuerunt vt prius vigilarent diu Balneisque alijs rebus vterentur Quarum ceremoniarum vsus memoria nostra perstat in Anglia vbi viros eiusmodi vocant Balneorum Equites The eldest creation of them mongst vs rememberd is at the Coronation of Henrie IV. for to talk of Iulius Caesar's knights of the Bath is the worst of what is ridiculous Hee then in the Tower made XLVI and at Coronations Royall Marriages Christning or Knighting the Prince and such like were wont many to be made The particulars of the more ancient forme of Creation are at large by others g Segar Honor Milit. lib. 2. cap. 11. deliuerd and I had rather refer you to them then transcribe so much In these times the chief ceremonies are not much differing from the old that such as out of the fairest flowers of Nobilitie are to be thus honord the h Camd. in Ord. day before the creation heremit-like in ashcolour robes in a hood and a linnen cap and booted go to Praiers there to offer themselues first to God then attended euery one by two Esquires and a Page remember here the Trimarcisia which we speak of out of Pausanias they sup together Thence into a chamber Where euerie one hath his bed furnished with red Couering charged with his Armes and by his bathing Tub couerd with linnen clothes In this after some deuotions they wash themselues Next morning they are raised with Musique Then the Constable of England the Marshall and others hereto by the King appointed giue euery of them his oth binding him to the specall honor of God his Church and the King and to the defence of Widows Virgins Orphans Then vsherd by the Kings Musicians and Heralds they go in their Heremit-like weeds to Morning Prayer whence they
Grant is extant of u Pet. de Vineis lib. 6. Ep. 17 Frederique II. that a knight may be made quanquam pater suus Miles non fuerit nostris constitutionibus caueatur quod milites fieri nequeant qui de genere Militum non nascuntur In France it was x Belmanorian apud Tilium lib. 1. vide Ranulph de Glanuilla lib. 5. cap. 5. adiudged anciently that where the Lord of a Villain I vse the word as in our law had knighted his Villain being a Gentleman he became free and had the honor lawfully but if another had knighted him nothing had been wrought by it For none could manumit him but his Lord. And till Manumission or vnlesse knighthood had had Ciuill freedome for its ground he was not capable of it Neither there might any great man confer this dignitie vpon one which were not before a Gentleman without grieuous Mulct But the king only might do it And mongst old laws y Ex legib Hisp. Fr. Mennenius of Spain Quil bet Infancio euery Gentleman or hijdalgo potest esse Miles in Aragonia alij verò non Et si fortè non Infancio promoueatur per Ricum hominem ad Militiam perdit honorem quem tenebat Ricus homo one of their Ricos hombres vel si non tenebat nunquam tenere debet Et illi promotus semper remanet villanus sublato sibi equo armis Now to the dishonor of Merit and Noblesse how many most vndeseruing either for qualitie or parentage bear this most honorable Title But some ancient adiuncts to knighthood here next offer themselues They are chiefly The respect of the Honor to Possessions Their Martiall Equipage Their right of vsing a Seale The Aide a faire fitz Chiualer The Name and honorable regard to it and Degradation Of them all in their Order The Knights Feif or Fee is as commonly known by name as Knight But what it was or is is not to all known An old z testimonie makes it DC LXXX acres consisting of IV. Hydes Of Hydes before where of Barons Other certainties x Lib. Rub. Scaccarij are proposd for a Knights Fee anciently but * v. 4. Ed. 2. tit Auoury 200. in vain It s neerest truth to set no number of Acres nor quantitie of Territorie but only of Reuenue out of land which being XX l. yeerly was the value of a Knights Fee Remember what is alreadie deliuerd of an entire Baronie and the possessions of other dignities In them the Relief alwaies expresses the fourth part of the annuall reuenue by vertue of the Grand Charter which in this point was made in imitation of what was common law in the Relief of a Knights Fee being as appears by Glanuil and Geruase of Tilburie iust c. shilâ—ings What then more plainly could proue that the knights Fee that is the Possession fit for the maintenance of a Knight in those dayes was exactly land of X X l. yeerly And they which had such an estate might bee compelled to take and it seems of right demand a Knighthood Yet vnder Hen. the III. and Edward 〈◊〉 some of lesse Reuenue were calld to this Dignitie Anno sub eodem 1256 exijt edictum Regium saith Matth. Paris praeceptumque est acclamatum per totum Regnum Angliae vt quilibet qui haberet XV. libratas terrae supra armis redimitus tyrocinio donaretur vt Angliae sicut Italiae Militia Roboraretur Et qui nollent vel qui non possent honorem status Militaris sustinere pecunia se redimerent Heere XV. pound reuenue was the same and afterward all the a Matth. Paris pag. 1249. edit Lond. vbi legendum pro decem quindecem Shirifes of England were amerced euery one at fiue Marks in the Exchequer for not distraining the Tenants in their Countie according to that precept And other like examples are in themselues vnlike for value But by the Statute of Westminster 1. of Resonable Aide XX. pound Socage land and a Knights Fee are compar'd for like possessions and in I. Edward II. an act of Parlament was that if any were distrain'd to bee made Knight hauing neither in Fee nor for life twentie pounds reuenue and the same were prou'd vpon his complaint by inquest he should be discharg'd Nor that any man should be compell'd to bee a Knight before his full age of XXI years Yet after that the writs haue bin for such as had fortie pound yearly b 19. Ed. 2. Claus. memb 16. Dors. 7. Ed. 3. tit Auerment 37. Claus. 7. Ed. 3. part 1. Dors. memb 7. 22. both in Ed. II. and III. their times and of diuers succeeding And vnder Henry VI. the Chiefe Iustice c Babington 7. Hen. 6. sol 16. C. Sir Richard Haukesford of the Common Pleas sayes that the King might compell euery man of xll. yearly worth in lands to receiue Knighthood by writ out of the Exchequer and if they appear'd not at the first day but come after to take this order by rigour of Law they are not to be receiu'd but amerced for default Where he remembers that when writs in that kind went out at the second day a great Burgesse of Southwork able to dispend c. Marks yearly appear'd on whom they were vnwilling that the honor should be bestowed and after deliberation resolu'd that because hee came not the first day hee should not be Knighted This Census or Militarie value hath some proportion to that of the Ordo Equestris in Rome Their Ordo Equestris or secundus Ordo as they calld it in respect of the Senators being Ordo primus had it's known worth in possessions That worth was CD M. of their Sestertij in present estate of our sterling M. M. M. C. XXV pounds euery M. Sesterij or one Sestertium which are all one reckon'd at VII pounds XVI shillings III. pence Yet in those more ancient times of England when the relief of a Knights Fee and so a Knights Fee were truely known as now also too frequently this honor was giuen to such as had not any land twixt them and other a difference is made in d Roger. de Houeden part 2. pag. 424. lib. Rub. scaccarij Richard I. his edict of Torneaments Rex statuit Torniamenta fieri in Anglia charta sua confirmauit ita quod quicunque torniare vellet daret ei pecuniam secundum formam subscriptam videlicet Comes daret pro licentia torniandi XX. Marcas argenti Barones decem Marcas argenti Miles Terram habens IV. Marcas argenti Miles non habens Terram II. Marcas argenti Out of this Militarie Reuenue and the right of compulsion in the King to make the possessors Knights you may easily vnderstand what Pro respectu Militiae is in the Exchequer Rolls anciently and why in Enquests of Eires the presentations were of such as had a whole Knights Fee and were not Knighted being of full age In an Eire