first turned their possessions into Baronies and thereby made them Barons of the Kingdom by tenure That all Bishops Abbots Priors and the like that held in chief of the King had their possessions as Baronies and were accordingly to do services and to sit in judgment with the rest of the Barons in all cases but cases of Blood from which they are prohibited by the Canon-Law This Honor of Baronady is of three kinds by Tenure by Creation and by Writ Barons by Tenure are the Barons Spirituall as I said before which are reputed Peers of the Realm and were ever first in nomination and take place on the Prince's right hand in Parliament and have been capable of temporall 〈◊〉 and some of them are accounted Count Palatines in their Jurisdictions And by tenure Temporall which are such as hold their Honor Castle or Mannor as the head of their Barony per Baroniam which is Grand Serjanty By which tenure they ought to be summoned to Parliament See Bracton lib. 5. fol. 351. 357. But he is no Lord of the Parliament untill he be called by Writ to the Parliament These Barons by renure in the time of the Conqueror and after were very numerous and 〈◊〉 his time as I conceive distinguished into Majores Minores and summoned accordingly to Parliament the Majores by immediate Writ from the King the others by generall Writ from the high Sheriff at the King's command But these had also another distinction which was the first were called onely Barons by tenure then and the last Tenants in chief which were after quite excluded the Parliament as Mr. Cambden says in the reign of Henry the third by a Law made that none of the Barons should assemble in Parliament but such as were summoned by speciall Writ from the King And that King Edward the first summoned always those of antient Families that were most wise but omitted their sons after their death if they were not answerable to their parents in understanding But Mr. 〈◊〉 opinion is that not long after the Grand Charter of King John the Law for excluding all Tenants in chief was made From whence came that other dignity of Barons by Writ the King summoning whom he pleased though he were but a private Gentleman or Knight as many Seculars Priors Abbots and Deacons also all which have been fince omitted that held nothing of the King in chief or Grand Tenure This title of Baron by Writ is by some esteemed onely temporary pro termino Parliamenti but that cannot be for the ceremony of his admittance signifies more than a titular or temporary Honor which is this He is first brought by the Garter-King at Arms in his Soveraign Coat to the Lord Chancellor between two of the youngest Barons who bear the Robe of a Baron there he shews his Prescript which the Chancellor reads then congratulates him as a Baron and invests him with those Robes and sends him to take his place Then the Writ is delivered to the Clerk of the Parliament and he by the Garter shewed to the Barons and placed in the House and from thence is this title allowed him as hereditary Since these two sorts of Barons in the time of Richard the second hath another been established which is Barons by Patent and indeed more usuall in our latter times than those by Writ He first created John de Beauchamp Steward of the houshold Baron of Kiderminster to him and his heirs males of his body And this comming afterwards to be the onely way of creation they had commonly creation-mony granted them as Sir Ralph Botiller who had one hundred marks granted him annuity out of the County of Lincoln Some of those Minores have yet remained to our memories as the Barons of the Cinque Ports Barons of the Exchequer c. and some others which are called Barons yet have not the honor such are those that were created by Count Palatines as the Baron of Kinderton and some few others As concerning the descent of this Honor and the extension of it it many times descends to heirs female as when there is no speciall entail on the heirs male yet then no husband of that heir female shall enjoy the style and honor in right of his wife unlesse he have issue by her as it was decreed by Henry the eighth in the case of Mr. Wimbry for the style of the Lord Talboyes Neither shall any honor of Barony by Tenure be conveyed with the 〈◊〉 of any place from whence the title is derived without licence immediate from the King but all such as shall without is absolutely forfeited and stopt and returns again into that great Fount ain of Honor the Crown Now though this dignity be not allowed the Princely distinction of a Coronet yet is he as a Lord of the Parliament reckoned among the Peers of the Realm and priviledged amongst them in all these things as first in all trialls of criminall causes he is not tried by a Jury but a Bench of Peers If for Treason he be indicted and shall stand mute he shall be convicted but not prest but if it be for Felony his standing silent shall not convict him Upon any tryall of Peers the Lords that are to give Verdict are not like a Jury put upon their Oaths but upon their Honor. A Peer of the Realm is not to be Empannelled in any Jury but what concerns the King 's Enquiry Neither are they to be arrested by any Warrant of Justice of Peace either for the peace or good behaviour Neither is he to be put upon his Oath upon any appearance he shall make in Court but his Honor to be esteemed as binding And whereas all Burgesses of the Commons House are sworn to Supremacy the Barons of the Upper-House of Parliament are not with many other priviledges But it is to be noted that by these are onely meant to Lords of the Parliament not to the sons of Dukes Marquesses or Earls during the life of their fathers Nor to any Baron of another Kingdom in this though under the same allegiance who are not triable out of their own Kingdome unlesse they enjoy some honor in this The form of creating a Baron is in this manner The King sitting in state in the Presence-Chamber First the Hetalds by two and two and their Garter Principall King alone proceed bearing in his hand the Patent of creation next to him a Baron bearing the Robes and then the Person to be created followeth betwixt two other Barons Being entred the Chamber of Presence they make their obeysance to the King three times Garter then delivereth the Patent to the Lord Chamberlain of the houshold and he to the King and the King to one of his Principall Secretaries of State who readeth it and at the word Investimus the King putteth on him the Baron's robe so soon as the Patent is read it is to be delivered to the
a condition above him For example whereof a case is cited of one Ralph Hayward Esquire and the Lady Anne Powes widow of the Lord Powes But I am of opinion that being onely an acception in Court by the Adversary of the Party this is not to be understood but in case the person such a Noble woman shall marry be no Gentleman and that she hath received the Honor she enjoyed before from the right of a former husband and not by descent of Ancestors for the words of Judge Coke run thus Si mulier nobilis nupserit ignobili desinit esse nobilis eodem modo quo quidem constituitur dissolvitur That is If a Noble-woman shall marry an ignoble husband she ceases to be Noble and in the same manner her honor was constituted it is dissolved So as by the Laws of the Nation an Adulteresse forfeiteth her Dower so also her honor of Nobility if she commit adultery either as a wife or widow or else having received honor from her deceased husband and shall so put him out of her mind as to subject her self to another by which act she wipeth both the name and memory of the former from her she hath the sentence of forfeiture against her So Sir John Fern in his Glory of Generosity fol. 62. Yet the Law is thus curious in preserving the memory of Vertue in the honor of its reward that if a woman of noble blood do marry a Churl or Clown and have issue by him she being an heir that issue shall have liberty of bearing her Coat-Armor But Sir John Fern says onely for life and that on a Lozenge Shield which is the feminine bearing with the difference of a Cinque-foile One note more I think proper in this place which is If a French Spanish or German woman be married to any Peer of this Realm or other Gentleman and be not denizoned by the Laws of the Nation she cannot claim the priviledges or titles of her husband nor have Dower or Joynter from him And thus much I think sufficient in this place as to the honor of Women and if I have said too little I wish I could have said more if too much I beg their pardons but refer my self to the Law In the next place I should proceed to the display of Armory by which the infinite number of persons are distinguisht by an innumerable variety of different Ensignes that do illustrate and appropriate their dignity and honor But by the way I have stumbled on another Theam which though it be not so much concerned in honor yet the Kingdom is much concerned in it as a Power and though I need not say much yet I cannot passe by it and say nothing Of a Parliament SOme not altogether knowing of that true constitution of a Parliament may be apt to think that its Authority is onely Supream in this Nation But let such understand that from this Argument if there were none other it is disproved That nothing can be made greater or more excellent than the thing that makes it Propter quod unumquodque tale est illud majus tale And such creatures as shall aim at a Superiority to their Creator are to be esteemed like those Angels that by the same spirit attempting the same pride precipitated themselves from everlasting liberty to eternall chains This great Council did arise from the antient custom of not onely the Saxons but all Nations in the world almost who have had examples of their King 's summoning the chief Peers and Nobles to consult in weighty affairs Which Councel among the Saxons was called 〈◊〉 which was a meeting of the chief Prelates and Peers to deliberate about and to consent to what laws the King should enact and advising in matters of State giving Judgement upon suits or Complaints in the same Court as is understood of the time of King Ine of West sexe about 711. years after Christ. And again of King Ethelbert his ordaining Decreta Judiciorum juxta exempla Romanorum cum consilio sapientum And when Edwin King of Northumberland was perswaded to be a Christian he consulted cum Principibus Consulariis suis. He called to Councell his Princes or Ealdermen and Counsellors And again King Eldred An. 948. In festo Nativitatis Beatae Mariae all the Nobility of the Kingdome were summoned by an Edict from the King as well Arch-bishops Bishops and Abbots as all of the rest of the Lords and Chief Counsellors Thanes and Ealdormen to come to London to a 〈◊〉 or great Councel to consult about affairs of the whole Kingdome As Ingulphus his words are And again in the time of Edward the Confessor the Parliament sate at London Rex omnes 〈◊〉 Magnates In which Parliament the King attaches Earl Godwin for that he had kil'd his Brother Alfred and upon his pleading and submission the King refers him to the Judgement of the Court who a long while debating it to no purpose at last Leofricus Consul Cestriae probus homo quoad Deum Seculum saith the Author spake thus Earl Godwin is a gallant Person and a man next the King of the best birth in the Land and it cannot be denied but by his Counsell or Design Alfred was slain therefore my opinion is that he with his son and all we twelve Earls that are his friends and kindred do present our selves humbly before the King loaden with as much Gold and Silver as every man can carry betwixt his arms to offer it up with supplication for an expiation of the crime Which being consented unto and done the King considering the reference he had made to the Court ratified their act and his pardon By which we see their meetings was at the Kings summons their power only deliberative in giving legall force by consenting to what he should think fit to make a Law and to advise de arduis Reipub not that this force given by them is to be understood otherwise than that because it was enacted by their consent it was the more binding over them their consent otherwise being no whit binding over the Soveraign's will in the enaction for it was his Volumus that made it and let their Consultations rise to never so powerfull votes and results be the thing what it would his Nolumus buried it in oblivion which custom 〈◊〉 ever continued as a true Prerogative of the Crown Nay avisera le Roy which is but The King will consider of it was enough to throw a Bill out of the House Nothing enacted by them though by a generall consent of both Houses of Lords Commons being of any force and that not only before but after the Commons were brought in which I find to be about the time of Edw. 1. his third year of Inauguration an Dom. 1273. Who in the 23. year of his reign confirmed the Magna Charta made by Henry the third though Mr. Selden is of opinion The first
place of Comes the ceremony of Creation much at one and the title hereditary the annuity money in their Patent is forty marks And here by the way I cannot but observe one note of Mr. Seldens that John Beaufort Earl of Somerset modestly refused to be made Marquesse of Dorset by Henry the fourth because the title was then so strange and new in the Kingdome The Marquesse is honored with a Coronet of gold flurred the points and flowers of equall height whereas of the Earls the pearled points are much longer then the flowers His Mantle also doubled Ermine as is the Earls also but the Earls is but of four and the Marquesses is of five the doubling of the Viscount is to be understood to be but of Miniver or plain white Fur so is the Barons the Barons of two the Vice-counts of three doublings Of the Duke The Creation Robe of a Duke Where by the way one note is proper to be understood that as he was here created without any Ceremony except the girding with a Sword so in all other degrees of honor where a lesser degree is conferred on a person of a greater there needs nothing but meer Patent without any ceremony of creation But John son to Edward the third being created Duke of Lancaster had a Cap of furre added to the ceremony and succeeding times have had the Sword Crownet and Verge of Gold a Surcoat Mantle and Hood and a Ducal cap doubled Ermin but not indented and is honored with the style of Gratious and Excellent These if they be of Royall line are reputed as Arch-dukes It is also allowed that a Duke tantum shall take place before any Lord that is both Marquesse and Earl but a Duke that is Marquesse or Earl besides shall precede him The Duke Marquesse and Earl at their creation have a sword put over their shoulders which the Vice-count and Baron have not Of the Arch-Duke THis title is of neer relation to the other but not found in any place save in the house of Austria the addition of which word Arch is from the Greek word Archos which is as much as Princeps in Latin So he taketh place of all other Dukes and he is allowed a Surcoat a Mantle and a Hood of Crimson Velvet at his Creation He hath also a Chapeau or Ducal Cap doubled Ermin indented with a Coronet about the same and an arch of Gold with an Orbe and Verge of Gold Of these titles the Duke Marquesse and Earl are esteemed Princely especially the two last These also are allowed to bear their Crests with Helmets the Beaver directly forward whereas a Gentleman Knight and Baron bare them with half the Beaver seen The Creation Robe of the Prince of Wales The Prince THe next and first immediately subordinate to the Crown amongst these radiant Stars is The Prince who in England onely is the Prince of Wales the first-born of the King These in the Saxons time were called Clitons and clitunculi from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Illustrious But since it hath been a title of creation for honor to the rising sun there were none created in the Nation but the King 's eldest son who are in all Nations honored above all other subjects and amongst some as in Spain have been called King 's during the life of their Fathers because of his so neer a relation to the Crown that if the Father dye he is ipso 〈◊〉 Rex there being no interregnum though he be not crowned In a Statute of the second of Henry the fourth it is provided that the Prince may give his honorable Liveries of signes to the Lords or to his meniall Gentry and that the said Lords may wear the same as they wear the Kings Livery and that the Menials of the Prince may wear the same as the King's menials but this hath been since abridged So likewise by a Statute of the 25. of Edward the third chap. 2. it is declared that to compasse or imagine the death of the Kings eldest son and heir is Crimen laesae Majestatis high Treason as also to violate the wife of the King 's eldest son And again see Coke 8. part 28. The Prince shineth with the beams of his Father and is holden to be one person with him Yet doth he acknowledge a reverence not only as to a Father but Soveraign and to that purpose continues that Motto which the Black Prince took up Ick dien I serve He is called Princeps quia principalis in strenuitate post regem saith Sir William Segar The first that we read of in England was Edward eldest son of Henry the third and after him the eldest son of the King hath been ever by Patent and Ceremonies of Instalment created Prince of Wales Earl of Chester and Flint being born Duke of Cornwall The Prince or first born of the King in France is called the Dauphin in Spain l' Infanta There are in other Countries Princes by Creation as the Prince of Piemont the Prince of Orange and many others but these are also now become hereditary and in some Countries all the Royall line are styled Princes When he is created he is presented before the King in Princely Robes who putteth about his neck a Sword bend-wise a Cap and Coronet over his head a Ring on his middle finger a Verge of gold in his hand and his Letters Patents after they are read His Mantle is once more doubled then the Dukes and his Coronet of Crosses and Flowers de Luce and his Cap of State doubled indented The King THe King is the next and in our Nations the highest being subordinate to no sublunary power as those of Spain Portugall and other Kingdoms of Europe and other parts of the world are He is the true Fountain from whence all these Rivulets and swelling Streams of Honor spring He is called Rex from whence the word Rego came and King amongst us from the Saxon word Koning and Kuning To say any thing of the Originall of the Government here were in vain for it is unknown onely I may say that none can produce any thing to assure any Government before it and what I spake in the beginning concerning the first institution of it universally is sufficient Besides these times have said enough to that purpose He hath ever bin of great reverence amongst these Kingdoms of Europe the very Title carrying Divinity in it being of Heavenly institution ordained by God himself the Bond of Peace and the Sword of Justice He is God's Vicegerent and to be obeyed accordingly both in Church and State If good he is a blessing if bad a judgment He is styled Pater Patriae Caput Reipub and for that the protection of his Subjects lies in his breast the Militia is annexed to his Crown and the Sword as well as Scepter put into his hand He hath power of pardoning where the Law
condemns even Parliament-Attainder The things that belongs to Justice and Peace are annexed to the Crown nor can they be separated The Parliament in the behalf of Henry the eighth writ thus to the Pope His Royall Majesty is the Head and the very Soul of us all his Royall Majestie 's 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 Mr. Camden speaks thus of him The King is the most excellent part of the Common-wealth next unto God he is under no vassallage he takes his investiture from no man he acknowledges no Superior but God In England France Spain Denmark and other Kingdoms they are styled Kings Dei gratia by the grace of God Which hath been an antient custom in these Nations in the same or the like words as in the style of King Ethelbald Ethelbaldus divina dispensatione Rex Merciorum An. 716. Kenulphus Dei misericordia Rex Merciorum Beoredus largiente Dei gratia Rex Merciorum Ego Edwardus Dei gratia Rex Anglorum Ego Wilielmus Dei beneficio Rex Anglorum And the Kings of England since by a Bull from Rome in the time of our obedience to the Pope have been styled Defenders of the Faith and by Act of Parliament of Henry the eighth to whom that Bull was sent had the title of Supream Head of the Church of England annexed As the King of France is styled Rex Francorum Christianissimus the King of Spain Rex Catholicus or Catholica Majestad Catholick Majesty and the Emperor Defender of the Church It is the manner of Kings also to write in the plurall number which is God's own style as Mandamus Volumus Facimus c. And indeed in the Scripture we often find them called gods and in that sense may be styled Divi or Dii quia Dei vicarii Dei voce judicant Mr. Selden speaks thus upon this subject Man as a civill creature was directed to this form of subjection As if the sole observation of Nature had necessarily led the affections of men to this kinde of state Whence it is also that while others of the most curious in Philosophy tells us of Angells and the Supream Heavens being immediately Governed by the Maker of all things of the Planets and other Stars being ruled by the Sun and the separated Souls and the Aire being subject to the Moon they add together that upon Earth Kings are in like sort of Government as if naturall reason had first ordained them on earth by an unavoidable imitation of the Creator's providence used in that institution of Government in the Ayr Starrs and Heaven Neither do the antientest Gentiles speak of those elder times than with clear supposition of Monarchy even in the Infancy of the world And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies or Optimacies yet the more antient States there were in every place Monarchies as is expresly noted by Pausanias They are honored in all salutations not onely with kissing the hand but bowing the knee also in acknowledgment of their superiority to all Some are of opinion that this kind of Salutation came first to Rome from the old customes of the Asiatick Kingdoms For when the Persians meet you may know whether they be equall or not for in salutation they kisse each other but if one be somewhat inferior they kisse onely the cheek but if one be more ignoble he falls down adoring the other and passing by one another he turns his back as unworthy to look him in the face that is so much above him in honor The Ceremonies at his Coronation are many and in England more than any other Countries As the annoynting with Oyl the sacred Consecration which is to no other Kings but France Sicily and Jerusalem and his Crown fell on his head with many Religious Ceremonies which Spain Portugall Aragon and Navar c. have not besides the Ensignes of Regality which are a Ring to signifie his faithfulnesse a Bracelet for good works a Scepter for Justice a Sword for vengeance Purple 〈◊〉 to attract reverence and a Diadem triumphant to blazon his glory The Ceremony of Anointing every one almost understands to have been an Institution as old as the Law of God almost for though we find no speciall command in the Law delivered for it yet we find examples of it in a continued succession from God's own people and that with the holy Oyl with which none by the command in the Law were to be anoynted but the Priest which Oyl never wasted And that this hath been no Innovation among us is proved by Mr. Selden who makes it appear to be of above a thousand years standing before it was either in the Empire or France Though they have had it in France a long time and they say by divine Institution 〈◊〉 upon us for their authority the Miracle of a Dove that brought a Vial of holy Oyl from Heaven to anoynt King Clovis the first about five hundred years since Christ which Oyle they say hath never wasted It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capite etiam Pectore Brachiis quod 〈◊〉 ficat gloriam sanctitatem fortitudinem Kings are annointed on the Head to signifie their glory on the Breast to 〈◊〉 〈◊〉 their sanctity on their Arms to 〈◊〉 their power He is Crowned with an Imperiall Crown the Crown set on his head by the Archbishop of Canterbury a Prerogative to that See as it is in Spain to Toledo in France to Rheims and in Swethen to Upsalia But this Imperiall Crown hath not been long in use among us though our Kings have have had Imperiall Commands as over Scotland Ireland Man and other 〈◊〉 yet of Ireland they were but Lords untill the 33 year of Henry the eighth he being notwithstanding as absolute a Monarch over it when he was but Lord of Ireland as when he was styled King The Crowns formerly were but the same in a manner with that of an Earl now Neither is it to be found that any such thing as a Diadem was in use at all till the time of Constantine 〈◊〉 Great the distinction before being some kind of Chaplet or which is most certain a white silk Fillet about the brows which was an ordinary way to distinguish them as I have my self seen Statues of the Emperor with such a kind of Fillet about the head From whence is that which we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first that was Crowned with this kind of Imperiall Crown floryed and arched was Henry the third say some but others Henry the first and indeed it is left disputable to me so by me to others However it is very probable and plain that the antientest
Ensign of Regall Authority was the Scepter which is every where spoken of both in the Scriptures and profane Stories There is another Ensign of their Authority which is a Globe with a Cross in use amongst us ever since Edward the Confessor which is placed in the left hand as is seen in most of their Coyns the Cross denoting his Faith and the Globe his Empire both by Sea and Land as it is said of Justinian who was the first Emperor that ever had it At the Coronation of the Emperor it is carried by the Count Palatine of the Rhine where they call it Pomum Imperiale This power dignity and state hath been enjoyed by the Female sex as heirs descending by the common right of Inheritance and not onely in our parts but many others as at this day in Swethen when there is not the least punctilio of a diminution in respect of the Sex Besides for an addition to the honor of a King there is the same state allowed to a Queen during the life of her husband as to a Queen absolute almost and is allowed a Crown She is called Queen from the Saxon word Cuningine as King from Cuning onely by variation of the gender as it was their manner in such cases She is permitted to sit in State at the King 's right hand and to keep a Court distinct from the King although she be but the daughter of an Earl But this was in the time of King Edgbert prohibited and so for a long time continued by reason of Eadburgh who poysoned her husband King Brithick of the West-Saxons And if she be the daughter of a King Superior to her husband she may retain the dignity of her father's daughter and in this case the daughter hath preceded the mother And although in these latter times our Monarchy hath been reduced under the circumference of one Crown Imperiall no others having any other substitute Governors crowned Yet formerly both Scotland and Ireland had King's distinct whilst they acknowledged homage to the Crown of England as also the isles of Man and Wight The Kings of Man were first subject to the Kings of Norway then to the Crown of England and after to the Kings of Scotland and since again to the Kings of England Dominus hujus Insulae Rex vocatur cui fas est Corona aurea coronari The Lord of the Isle is called King and it is lawfull for him to be crowned with a Crown of gold Henry the second allowed with the same honor Roderig of Conaght to be King paying a homagery Tribute The Lord Beauchamp Earl of Warwick under Henry the sixth was in the like manner crowned King of the Isle of Wight Which is enough in this place as to the Dignity of a King Of the Emperor THe originall of this Title as it was long amongst the Romans denoted onely a Generall of an Army and not till the time of Julius Caesar translated to an honorary Title who being made perpetuall Dictator took also that of Imperator into his Title which hath continued in his Successors untill this day and became Superior to the Title of King that before was but substitute under it being yearly created in January and ended in September Which great change hapned upon the Victory of Caesar against Pompey at the Battle of Pharsalia This Title was onely taken up to supply that of King which had not long before been thrown out by Brutus and was supposed by the Usurper to be yet fresh in their memories and odious amongst them and it was long after before they used the Title of King though their power were as much and the Ceremonies and Ensignes of Regality the same and the Emperor's Throne at Rome was called Sedile regni But at last it grew to be as one and then the Emperor of Rome having subjected under his Jurisdiction many Kingdoms thought it however a title of more eminence and so retained it And though the title has not been so generally appropriated to our Crown yet our Kings have been styled Emperors and this Realm of England called an Empire So have the Kings of Spain and France But it is more peculiarly allowed or assumed by the Emperors of Germany who suppose that they have a right to the government of the whole world This Empire after it was divided to Constantinople and Rome and then again that Constantinople had lost it to the Turks it was removed to Germany and in the reign of Otho the third the Election granted to seven Princes of Germany the Archbishops of Mentz Trevers Cullen the Count Palatine of Rhine the Duke of Saxony the Marquesse Brandenburgh and the King of Bohemia then called Duke of Bohemia He hath had also the Superiority allowed him by all Secular Princes and whereas other Princes of Regall Authority are crowned with but one Crown he is with three the first of Iron which he receives of the Bishop of Cullen at Aquisgrane the second of Silver which he receives at Modena from the Bishop of Millan the third is of Gold wherewith he is crowned at Rome by the Pope And in latter Ages the title of King of the Romans is given to the Heir or him that is made or chosen Heir of the Empire and he is crowned and Jura Regalia given him though not so absolute as not to have a dependence on the Empire See Mr. Selden part 2. chap 1. The Ensignes of his Imperiall Dignity are a Crosse a Launce and a Sword a Scepter a Mond and a Crown and he is styled 〈◊〉 The Emperor of Russia is not Crowned but is adorned with a rich Cap of Purple neither is the Greek Sultan but vested with a mighty rich Tulipant But there though the Emperor have no Diadem yet the Sultanesse is adorned with a Rich Crown or Diadem Thus have I run through all the degrees of Honor and with as much brevity as so copious a Theam would allow of and for matter of precedency I think the method I have taken will save me the labour and I am unwilling to trouble the brains of the Ingenuous Reader with an unnecessary prolixity onely as to Offices of State because I have omitted them altogether I shall set down their places as in Princely Solemnities they are to be disposed In which those of the Crown are to precede all other of the Nobility that are not except the Blood Royall As the Lord Chancellor Lord Treasurer Lord President of the Privy Councel Lord Privy Seal These six also are placed next the Lord Privy Seal thus according to their state of dignity that is If he be a Baron to sit above all Barons if an Earl above all Earls Lord Great Chamberlain of England Lord High Constable of England Lord Marshall of England Lord Admirall of England Lord Great Master or Steward of the King's House Lord Chamberlain of the King's House So the King 's principall Secretary being a
summoning of the Commons was in the 49. year of Henry the third The style of the Statutes running after this manner The King hath Ordained and Established these Acts underwritten c. First The King willeth and commandeth that c. Signifying the power of enacting to force and penalty was derived from the Volumus of the King not the Vote of the Lords and Commons their consent only making it of more vigour against themselves If it were an Act of Indulgence or relief to the Common-wealth it run thus Our Lord the King of his speciall Grace and for the affection that he bears unto his Prelates Earls and Barons and others of his Realm hath granted that c. And sometimes Our Soveraign Lord the King hath granted and commanded at the Instance of the Nobles of this Realm c. No mention at all being made of the consent of the Lords and Commons Then afterwards thus they run Our Lord the King by the Counsel of his Prelats Earls Barons other great men Nobles of his Kingdom in his Parliament hath Ordained 〈◊〉 c. An. 33. Edward the first 1307. and so along in other Statutes the Commons not at all mentioned in the enacting any Statute but as thus in the beginning of Edward the third At the request of the Commons of this Realm by their Petition made before him and his Councel in the Parliament by the assent of the Prelates Earls and Barons c. Untill the 23. of this Kings reign in a Statute of Labourers I find the Commons not mentioned and then the power of Ordination given to the Statute still by the King as thus It is ordered by our Lord the King by the assent of the Prelates Farls Barons and other great men and all the Commons of the Realm summoned to this Parliament c. And in one Act of the same King the style runs thus The King of his own will without motion of the Great men or Commons hath granted and Ordained in ease of his people c. And then to signifie the Constitution of the Commons in Parliament See the 37. of Edward the third where the Statute runs thus The King at his Parliament c. at the request of the Commons and by the assent of the Prelates Dukes Earls and Barons and other Great men there assembled hath Ordained c. and at the prayer of the Commons c. In which style most of the Statutes run untill Henry the eight And for provision of the choyce of the Commons in a Statute of the 23. of Hen. 6. is set down the form of Writ by which they are summoned where it is also enacted That the Knights of the Shires for Parliament hereafter to be chosen shall be naturall Knights or otherwise such naturall Esquires or Gentlemen of the same County as shall be 〈◊〉 to be Knights And every Knight that is elected ought to be a resident of the place for which he is elected and every man that is an Elector ought to have forty shillings of free-hold within the said County and for the security of it the Sheriffe hath power to put them to an Oath upon the Evangelist and the Election ought to be betwixt the hours of eight and nine in the Forenoon and so of Burgesses The form of the Writ is this Rex Vic' c. Salutem Quia nostri 〈◊〉 pro quibusdam arduis ur gentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim ' futur ' teneri Ordinavimus ibidem 〈◊〉 Magnatibus Proceribus domus regni nostri colloquium habere tractare Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo tuo post receptionem hujus literis nostris tenend ' die loco predicto duos milites gladiis cinctis magis idoneos discret ' Com' praedict ' c. electionem illam in distincte apertè sigillo tuo sub sigillis eorum qui electioni illi 〈◊〉 〈◊〉 bis in Cancellaria nostra locum certisices 〈◊〉 And still before they came up to the House they signed Indentures to be true and faithfull to their King and Country and the service thereof upon a penalty even to the last long Parliament of eternall infamy And in the third of Queen Elizabeth it was enacted in full Parliament for the safety of the Queen's Majesty her Heirs and Successors and the dignity of the Imperiall Crown of England for the avoiding both of such hurts perills dishonor and inconveniencies as have before time befallen that not only all persons should take the Oath of Supremacy upon divers penalties in that Act specified But also every Knight Citizen and Burgesse of the Parliament should take the said Oath before he entred into the said House or had any voyce there else he should be deemed no Knight Citizen or Burgesse for that Parliament nor have any voyce but shall be to all intents constructions and purposes as if he had never been Returned nor Elected for that Parliament and shall suffer all pains and penalties as if he had presumed to sit in the same without Election Return or Authority And by King James the Oath of Allegiance was added Yet notwithstanding all this limitation upon the Commonalty Parliaments in England were ever esteemed since Magna Charta the greatest liberty of the Subject none else indeed being dreamt of And as it is as great a flower of the Crown to summon Parliaments as foedera bellum indicere to make War and Leagues which is so absolute that it is resolved by all the Judges of the Land that the King may before he is Crowned if by descent the Crown be his right summon a Parliament or within age as was seen in King Henry the sixth who summoned divers Parliaments in his 1 2 3 4 5 6. years of his reign yet was not Crowned till the eighth He being then essentially King without any Ceremony or Act ex post facto and Coronation but a Royall Ornament So the priviledges of Parliament and of the Common-wealth by Parliament are as great for though we thus see the great Prerogative of a King yet many things there are which a King in his own Kingdome cannot do without a Parliament by the Laws by which he hath bound himself as the making any man hereditable or the altering the Common Law or Customs of the Realm though by his absolute authority he may commit any man to Prison during his pleasure Therefore every Parliament-man during the time of the Parliament is priviledged from all disturbance of arrest for debt or the like and the servants of any Parliament man as much as the Kings are And to this Parliament for the further security of the good of the Common-wealth were ever admitted certain Judges of the Land though