Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
Analogia Honorum OR A TREATISE OF Honour and Nobility According to the LAWS and CUSTOMES OF ENGLAND Collected out of the most Authentick Authors both Ancient and Modern In Two Parts THE FIRST Containing Honour Military and relateth to War THE SECOND Honour Civil and relateth to Court and City Illustrated with variety of SCULPTURES sutable to the several Subjects LONDON Printed by Tho. Roycroft Anno Dom. MDCLXXVII To the Right Noble Iames Duke of Monmouth and Buccleuth Earle of Doncaster and Dâ— Lord Scott of Askdale Tendale and Wichester Lord high Chamberlaine of Scotland cheifeâ—y and Iustice in Eyre of all his Matys Parks Chaces and Forests on the South side of Trent L d Lâ—â— of the County and Steward of the Towne of Stafford Lord Leivtenant of the East Rideing of York shire Governor of the Towne and Citadel of Kingston upon Hull Chancellor of â— University of Cambridge Master of the Horse to his Maty Captaine of his Matys Guard of Hâ—â— Knight of the Garter Captaine Generall of his Matys land Forces and one of â— Lords of his Matys most Honourable privy Councell c a. This Plate with the Treatise of Honor Military and Civill is in all Humility dedicated to your Grace by mâ— your Graces most Submissive Servant Richard Blome HONI SOIT QVI MAL Y PENSE THE FIRST PART OR Honour Military CHAP. I. ALL Honours may not improperly be said to receive their Birth either from the City Court or Camp which of all is esteemed the most worthy and honourable raising some to Imperial and Princely Dignities and disthroning others And in all Kingdoms even amongst the barbarous Americans War hath ever been and yet is held in high esteem and of great Importance as well for the preservation of their Laws and Rights as for the defence of their Dominions for which War is permitted by the Laws of God is taught by the Laws of Nature and commanded by the Laws of Nations And to excite men to valour and noble Atchievments Reward or Honours is conferred upon such that merits the same according to their Deserts for the defence of holy Church their King and Country War being therefore of such concern it behoveth every prudent Prince for the welfare of his People to be always prepared for Peace or War either Offensive or Defensive both for Forreign Invasion or the suppressing Domestick Insurrections wherefore it hath been found expedient to joyn good Laws the Friends of Peace and Rest unto Arms War being always accompanied with men of audacious and furious Spirits Iustinianus for the uniting of Laws and Arms appointed one Officer called a Praetor to command both Martially and Civilly which Name the Romans continued for their General of War and by his Office had Authority both Martial and Civil By which it appears that War cannot endure without the assistance of Law and wise men in former Ages did hold that Prudence and Power ought not to be separated of which Opinion was Horace saying Vis expers consilii mole ruit sua Likewise for the same reason learned Writers were induced to commend valiant Captains and wise Counsellors as it were joyntly and in one rank for with Simonides they joyned Pausanias with Craesus Solon and with Pericles Anaxagoras Of War and the Causes thereof DIscord is common to all men and that occasioned either by Revenge for Injuries done out of covetousness in gaining that which belongs to others for ambition in gainning Fame by noble Victories or such like Reasons and this maketh one City to wage war against another one Province to invade another and whole Kingdoms to oppress one another even to a Conquest if they can Aristotle proveth that some men by nature are born to Command and others to Obey by which it appears that War is necessary as well to compel those to Obedience as the others to hold their Authority The Romans did sometimes judge it convenient to make War only to train up their Youth fit for Service and to keep them from idleness which breedeth Intemperance and Dishonesty And by Action Princes that are martially inclined have not only gained Renown but also much enlarged their Dominions Yet I am of the Opinion That War ought not to be made without just cause and when the Enemy cannot be perswaded to reason by Embassadors prudent Princes and Commanders do not wage War unadvisedly and when they do they should follow the Example of Trajanus who observed these Cautions to be careful to supply the places of his slain Souldiers to repress the enemies pride and according to Military Discipline constrain Mutiners to Obedience and Order Of Souldiers SOuldiers or men professing Arms according to Vlpianus were called Milites à malitia id est duritia that is were so named in respect of the hardness and danger they endure in defence of other people or because they keep off the injuries which enemies do offer He that desireth to enjoy the Honour belonging to Arms ought first to prove himself a Souldier which by the Civil Laws may be done three ways the first is by Certificate from the Captain or Officers secondly he ought to make proof of his experience and manhood in Martial Affairs and thirdly to be registred in the List of received Souldiers and none other properly ought to be termed Souldiers By ancient Custom Souldiers always took an Oath not to abandon their Captain or Camp not to commit Treason nor consult with one another privately to cause mutining and the like Martianus the great Doctor did reject Bondmen as persons unfit and unworthy to be called Souldiers and no person that hath committed any infamous Crime of which he is convicted ought afterwards to bear Arms so honourable is the Name and Dignity of a Souldier The persons excused from bearing Arms are Priests and all in Holy Orders all Graduates in Schools all men above the Age of 60 years and those under the Age of 17 years Those Souldiers that had long served the Romans either in their Legion or elsewhere and deported themselves obediently to their Officers and honestly to all men were called Veterani and had great favour shewed them and that when any Veteran had honestly served them the space of twenty years he was then called Emeritus and might have his dismission to end his days in peace and quietness with the enjoyment of divers Immunities besides signal marks of Honour according to their merit which was a great encouragement to Youth to be trained up in Military Service which oft-times they made use of appointing Tutors to instruct them therein and these they called Tyrones And as on the one hand the Romans rewarded them for good Service so on the other they inflicted punishments according to the heinousness of the Offence as for Treason Disobedience Abandoning their Colours and Assisting the Enemy also for Theft Murther and Cowardise which they esteemed most vile The experience of which was seen when Spractacus defeated the Romans conducted by
the City of London â—â—â—â—â—e his Coronation which was on Monday tâ—e 22 th of April 1661. First the Duke of York's Horse Guard Messengers of the Chambers in their Coats with the King's Arms before and behind Esquires to the Knights of the Bath in number 140. Knight Harbinger and Serjeant Porter Sewers of the Chamber Gentlemen Ushers Quarter Waiters in Cloaks Clerks of the Chancery 6. Clerks of the Signet 4. Clerks of the Privy Seal in Gowns Clerks of the Council 4. in Cloaks Clerks of the Parliament 2. Clerks of the Crown 2. in Gowns Chaplains having Dignities 10. in Gowns and square Caps The King's Advocate The King's Remembrancer Masters of the Chancery The King's Counsel at Law 2. in Gowns The King's puisne Serjeants 2. The King's Attorney The King's Solicitor The King's eldest Serjeants 2. in Gowns Two Secretaries of the French and Latin Tongue in Gowns Gentlemen Ushers Daily Waiters in Cloaks Sewers in Ordinary in Cloaks Carvers in Ordinary in Cloaks Cup-bearers in Ordinary in Cloaks Esquires of the Body 4. The Effigies of the Right honble Heneage Lord Finch Baron of Daventry Lord High Chancellor of England one of the Lords of the most honble Privy Councell to King Charles ye. second Anno DnÌ„i 1676. The Effigies of the Right honble Anthony Earle of Shaftsbury Baron Ashley of Wimbourne St Giles Ld. Cooper of Pawlet Ld. High Chancellor of England Ld. Leiutenant of the County of Dorset and â—one of the Lords of ye. most honble Privy Councellâ— to King Charles yâ— 2d. Anno Domini â—673 Masters of standing Offices Tents 1. in Cloaks Masters of standing Offices Revels 1. in Cloaks Masters of standing Offices Ceremonies 1. in Cloaks Masters of standing Offices Armory 1. in Cloaks Masters of standing Offices Wardrobe 1. in Cloaks Masters of standing Offices Ordnance 1. in Cloaks Masters of the Requests 4. Chamberlains of the Exchequer 2. in Gowns Gentlemen of the Privy Chamber in Cloaks Knights of the Bath 68. in long Mantles with Hats and Feathers The Knight Marshal in a rich Coat Treasurer of the Chamber Master of the Jewel House in Cloaks Barons younger Sons Viscounts younger Sons Barons of the Exchequer 3. in Robes and Caps Justices of the King's Bench and Common Pleas 6. in Robes Caps and Collars Lord Chief Baron of the Exchequer Lord Chief Justice of the Common Pleas in Robes Caps and Collars Master of the Rolls in a Gown Lord Chief Justice of the King's Bench in his Robe Cap and Collar Knights of the Privy Council in Cloaks Barons eldest Sons Earls younger Sons Viscounts eldest Sons Kettle Drums The King's Trumpeters in rich Coats The Serjeant Trumpeter with his Mace Two Pursuevants at Arms in their Coats of Arms. Barons 51. in Cloaks Marquisses younger sons Earls eldest Sons Two Pursuevants at Arms in their Coats of Arms. Viscounts 7. Dukes younger Sons Marquisses eldest Sons Two Heralds in their Coats with Collars of SS Earls 32. in Cloaks Lord Chamberlain of the King's Houshold with his white Staff Dukes eldest Sons Two Heralds in Coats with Collars of SS Two Marquisses in Cloaks Two Heralds in Coats with Collars of SS The Duke of Buckingham Clarencieux King at Arms in Coats with Collars of SS Norroy King at Arms in Coats with Collars of SS The Lord Treasurer with his white Staff The Lord Chancellor with the Purse The Lord High Steward with his white Staff Two Persons one representing the Duke of Aquitain and the other the Duke of Normandy in broad Caps and Robes of Ermyn The Gentleman Usher with the black Rod on the right hand bareheaded in a rich Cloak Garter King of Arms bareheaded in his Coat and Collar of SS The Lord Mayor of London carrying the City Scepter on the left hand bareheaded The Duke of York Serjeants at Arms with their Maces 8 on a side from the Sword forwards in rich Cloaks The Lord Great Chamberlain on the right hand The Sword born by the Earl of Suffolk Marshal pro tempore The Earl of Northumberland Lord Constable of England pro tempore on the left hand Gentlemen Pensioners with Pole-Axes The King Gentlemen Pensioners with their Pole-Axes Esquires Footmen The Master of the Horse leading a spare Horse The Vice Chamberlain Captain of the Pensioners Captain of the Guard The Lieutenant of the Pensioners the King's Horse Guard The Lord General 's Horse Guard As in Man's Body for the preservation of the whole divers Functions and Offices of Members are required even so in all well governed Common-wealths a distinction of persons is necessary and the policy of this Realm of England for the Government and Maintainance of the Common-wealth hath made a threefold Division of persons that is to say First the King our Soveraign Monarch under which Name also a Soveraign Queen is comprised as it is declared by the Statute made in the first of Queen Mary cap. 1. Parliam 2. Secondly the Nobles which comprehend the Prince Dukes Marquisses Earls Viscounts and Lords Spiritual and Temporal Thirdly the Commons by which general word is understood Baronets Knights Esquires Gentlemen Yeomen Artificers and Labourers It is observed that our Law calleth none Noble under the Degree of a Baron and not as men of Forreign Countries do use to speak with whom every man of Gentle Birth is counted Noble For we daily see that both Gentlemen and Knights do serve in Parliament as Members of the Commonalty Neither do these words the Nobles the high and great men in the Realm imply the Person and Majesty of the King but with the Civilians the King is reckoned among the Nobility The Nobility are known by the general Name of Peers of the Realm or Barons of England for Dukes Marquisses Earls and Viscounts did anciently sit together in the King 's great Council of Parliament as Barons and in right only of their Baronies And therefore by the general Name of Barons of the Realm and for the Baronage thereof we underâ—â—and the whole Body of the Nobility the Parliament Robes of the Dukes differing nothing from the Barons but that they wear the Guards upon their Shoulders three or four folds For though Dukes Marquisses Earls and Viscounts in their Creations are attired with Ornaments of Silk and Velvet yet in Parliament they use the same that Barons do made of Scarlet with divers differences of white Fur set as Fringes or Edgings on their Shoulders and although they sit in right of their Baronies yet they take their places according to their degrees of Dignity And hence it is that those bloody Civil Wars concerning the Liberties granted in the Great Charter both in the time of King Iohn and Henry the Third his Son prosecuted by all the Nobility some few excepted are called in our Histories the Barons Wars Neither have the Spiritual Lords any other Title to that preheminence but by their ancient Baronies For although originally all the possessions of Bishops Abbots and Priors were given and holden in Frank Almoign most of
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
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
disinherited imprisoned and murthered by their cruel Uncle the Duke of Glocester who being both a Tyrant and Usurper was justly encountred by King Henry the Seventh in the Field So infallible is the Law of Justice in revenging Cruelties and Injuries not always observing the present time wherein they are done but often calling them into reckoning when the Offenders retain least memory of them But as the saying is Ex malis moribus bonae leges oriuntur so their Tragical and Miserable Combustions have occasioned that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before For first though a common Opinion was conceived that a Conqueror might freely dispose of the Succession of that Estate which he had obtained by the purchase of his Sword which was the Title pretended for William Rufus yet now in our Books this difference is taken for Law viz. between the Conquest of a Kingdom from a Christian King and the Conquest of a Kingdom from an Infidel For if a King come to a Christian Kingdom by Conquest seeing he hath Vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom but until he doth make an alteration thereof the ancient Laws do stand and therefore the case of Rufus the ancient Law of this Realm being That the eldest Son should inherit and that a King in possession cannot devise the same by his last Will or by other Act therefore the said William Rufus was no other than a Usurper But if a Christian King should Conquer a Kingdom from an Infidel and being then under his subjection there ipso facto the Laws of the Infidels are abrogated for that they be not only against Christianity but against the Law of God and Nature mentioned in the Decalogue and in that case until certain Laws be established amongst them the King by himself and such Judges as he shall appoint shall judge them and their causes according to natural Equity in such sort as Kings in ancient times did within their Kingdoms before any certain municipal Laws were given And if a King have a Kingdom by Title of Descent there seeing by the Laws of that Kingdom he doth inherit the Kingdom he cannot change those Laws of himself without consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after that King Iohn had given unto them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament In Succession of Kings a question hath been Whether the King who hath had Sons both before and after he came to the Crown which of them should succeed he that was born before as having the prerogative of his Birthright or he that was born after And for each Reasons and Examples have not been wanting For Xerxes the Son of Darius King of Persia being the eldest Son after the enthroning his Father carried away the Empire from his Brother Arthemones or Artobazanes who was born before his Father came to the Royal Possession thereof So Arceses the Son of another Darius born in the time of his Fathers Empire carried away the Garland from his Brother Cyrus born before his Father came to the Empire So Lewis Duke of Millain born after his Father was Duke was preferred to the Dukedom before his Brother Galiasius born before the Dukedom But notwithstanding these Examples and the Opinion of sundry Doctors to the contrary common use of Succession in these latter days hath been to the contrary and that not without good reason for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright such as all elder Brothers have should be put by the same And this was the pretence of Henry the First against Robert his eldest Brother Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father and the second Brother surviving who should Reign after the death of the Father the Nephew challenging the same unto him by the Title of his Fathers Birthright and by way of Representation Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death Upon which Title in old time there grew a Controversie between Arcus the Son of Arrotatus eldest Son of Cleomenes King of Lacedemonia and Cleomenes second Son of Cleomenes Uncle to the said Arcus But upon debate of the matter the Senate gave their Sentence for Arcus against Cleomenes Besides Enominus King of Lacedemon having two Sons Polydectes and Licurgius Poyldectes dying without Children Licurgius succeeded in the Kingdom but after he had understood that Polydectes Widow had a Child he yielded the Crown to him wherein he dealt far more religiously than either did King Iohn or King Richard the Third For King Iohn upon the like pretence not only put by Arthur Plantaginet his eldest Brother's Son from the Succession of the Kingdom but also most unnaturally took away his life And King Richard the Third to come to the Crown did most barbarously not only slay his two innocent Nephews but also defamed his Mother in publishing to the World that the late King his Brother was a Bastard Our Stories do obscurely note that Controversie of like matter had like to have grown between King Richard the Second and Iohn of Gaunt his Uncle and that he had procured the Counsel fo sundry great Learned Men to this purpose but that he found the hearts of divers Noblemen of this Kingdom and especially the Citizens of London to be against him whereupon he desisted from his intended purpose and acknowledged his Nephews Right And the reason of the Common Law of England is notable in this point and may be collected out of the ancient Authors of the same Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan fol. 119. For they say Whosoever is Heir to another aut est haeres jure proprietatis as the eldest Son shall inherit only before his Brothers aut jure representationis as where the eldest Son dieth in the life of his Father his Issue shall inherit before the youngest Son for though the youngest sit magis propinquus yet jure representationis the Issue of the eldest Son shall inherit for that he doth represent the person of his Father And as Bracton saith jus proprietatis which his Father had by his Birthright doth descend unto him aut jure propinquitatis ut propinqui jus excludit remotum remotus remotiorem aut jure sanguinis And yet Glanvile Lord Chief Justice under King Henry the Second seemeth to make this questionable here in England Who should be preferred the Uncle or the Nephew Also it hath been resolved for Law That the possession of the Crown purgeth all defects
but afterwards the Lord upon such dislike or other cause do discharge any of them from their attendance or service the Lord in this case cannot retain other thereby to give them priviledge during the life of them so retained and discharged And the reason thereof is because the first Chaplains were lawfully retained and by virtue thereof during their lives might purchase Dispensations to have advantage according to the Statute and therefore if the discharge of their service and attendance might give liberty to the Lord to retain others by such means he might advance Chaplains without number by which the Statute might be defrauded And the said Statute must be strictly construed Non-residents Pluralities as a thing prejudicial to the service of God and the ordinary instruction of the people of God By the Statute 3 Hen. 7. cap. 4. it is enactect as followeth Forasmuch as by quarrels made to such as have been in great Authority Office and of Council with the King 's of this Realm hath ensued the destruction of the Kings and therefore the undoing of this Realm so as it hath evidently appeared when the compassing of the death of such as were of the King 's true Subjects was had the destruction of the Prince was imagined thereby and for the most part it hath grown and been occasioned by malice of the King 's own Houshold Servants and for that by the Laws of this Land if actual deeds were not there was no remedy for such false compassing imaginations and confederacies had against any Lord or any of the King's Council or great Officers in his Houshold and so great inconveniences did ensue because such ungodly demeanours were not strictly punished before that any actual deed was done for remedy whereof it was by the said Statute ordained That the Steward Treasurer or Comptroller of the King's Houshold for the time being or one of them shall have full authority to enquire by twelve discreet persons of the Check Roll of the King 's honourable Houshold if any person admitted and sworn the King's Servant and his name put in the Check Roll in any quality or degree whatsoever under the state of a Lord do make any Confederacies or Conspiracies with any person or persons to destroy or murther the King or any Lord of this Realm or any other person sworn to the King's Council Steward Treasurer or Comptroller of the King's Houshold that if it be found before the said Steward for the time being by the said twelve men that any such of the King's Servants as aforesaid hath confederated or conspired as abovesaid that he so found by the enquiry be put thereupon to answer and the Steward Treasurer or Comptroller or two of them have power to determine the said matter according to Law And if he put in trial that then he be tried by Oath of twelve discreet men of the same Houshold and that such Misdoers have no challenge but for maliace And if such Misdoers be found Guilty by confession or otherwise that the said Offence is adjudged Felony and they to have Judgment and Execution as Felons attainted ought to have by the Common Law By the Statute made in the second of King Henry the First cap. 8. Authority is given to the Sheriffs and other the King's Justices for the better suppressing of Riots to raise posse Comitatus and the same liberty doth in Common Law guide in many other cases Nevertheless the Sheriff may not by such Authority command the person of any Nobleman to attend the Service But if the Sheriff upon a Supplicavit against a Nobleman in that case do return that he is so puissant that he cannot nor dare not arrest him the Sheriff shall be grievously amerced for such his return For by the Writ under the Great Seal of England the King's Command is to all Archbishops Bishops Earls Counts and Barons and to all Leigemen of the County to be aiding unto him in that which to his Office appertaineth and therefore no person whatsoever can respit the execution of the said Writ of the King 's Also the Sheriff at his discretion may levy three hundred men if need be to aid him in that behalf The words of the great Charter of the Forest in the eleventh Chapter are as followeth To every Archbishop Bishop Earl or Baron coming to us and passing by our Forest it shall be lawful for him to take one Beast or two by the view of the Forest if he be present or else he shall cause one to blow a Horn for him that he seem not to steal our Deer Although the Statute doth speak but of Bishops Earls and Barons yet if a Duke Marquiss or Viscount which are Lords of the Parliament be coming towards the King by his command they also shall have the benefit of this Article So if the King send to any of the Lords aforesaid to come to his Parliament or send for him by Writ of Subpoena to appear in the Chancery or by Privy Seal to appear before his Council or send for him by Letters Missive or by Messenger or Serjeant at Arms in all these cases he shall have the benefit of this Statute because that they come at the King's command The same Law is if a Scire Facias go out of the Chancery or Kings Bench to a Lord of Parliament But if such Process go forth against a Lord to appear before the Justices of the Common Pleas or the Barons of the Exchequer and he cometh upon the same he shall not have the benefit of the Statute for he doth not come unto the King and the words of the Statute are Veniens ad nos And all the Process which are made out of the Chancery and King's Bench are Quod sit coram nobis and so are the Process out of the Star-Chamber Also Lords which come to visit the new King after the death of his Father though not sent for shall have the same priviledge And so that this Statute is a Warrant dormant to such Lords which also is to be understood as well of their returning homeward as of their coming to the King And note that this Statute doth extend to give Licence to kill or hunt in the King's Parks though the Letter of the Statute be Transiens per Forestam nostram The Oath of Supremacy is not imposed on the Peers of the Realm A Peer shall for his first Offence of Felony though he cannot read have the benefit of his Clergy and without burning If any person shall divulge false and scandalous Reports of any Lord of Parliament the Offender is to be imprisoned until he bring forth the Author In personal Actions the Plaintiff may pray a day of Grace but against a Lord of Parliament it shall not be allowed him It is Actionable for any to deface the Coat Armour c. of any Nobleman or Gentleman that is placed in a Church or Window Certain Cases wherein a Lord of the Parliament hath no
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
in any Action or otherwise in which case any other Subject of what degree soever shall be amerced for in that case the Queen shall participate of the King's Prerogative But the Queen shall not in all cases have the same prerogative as the King as for Example Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no Title by order of Law so to do contrary to the Opinion of some ancient Books as you may see Stamford's Prerogative Case 19. But no such Suit shall be made to the Queen but Actions as against other Lieges of the King according as the Case shall require For by the same Reason that the Queen may be Plaintiff or Demandant in Actions without the King by the same Reason she shall be Defendant without the part taking of such Prerogatives as do appertain to the King Against the King by his Prerogative nullum tempus occurrit but it is not so with the Queen 18 Edw. 3. 2. a. And plenarily by six months is a good Plea in a Quare Impedit brought by Philip Regina Anglia ibidem fol. 1. 13. b. Stamford's Prerogative Case 18. prope finem In the 22 Edw. 3. 6. it is thus to be read Note that a Protection was sued forth against the Queen in a Writ which she brought and it was allowed though she be a person exempt Nevertheless by this short Case following may be observed That the Justices do not easily suffer any proceedings in Law against the Queen Wife or Widow but will hold with their Immunities so much as by Law they may A Writ of Dower was brought against Isabel Queen of England and Mother to the then King and the Court said to the Plaintiff The Queen is a person of Dignity and Excellency and we are of Opinion that she shall not answer to the Writ but that she should be sued unto by Petition And thereupon the Demandant dixit gratis and she prayed the Court to grant a Continuance of Action until another day so that in the mean time she might speak with the Queen But the Court would not agree to make a Continuance but said That upon her request they might give day prae re pertin and so it was done for the Queen's Counsel would not agree to a Continuance for thereby the Queen shall be accepted as answerable Neither do I suppose that I have digressed from any former purpose for making mention in those Cases concerning the Queen Consort For notwithstanding the intermarriage with the Sovereign King yet she is no other than a King 's Subject whether she be of a Foreign Nation or a Native born and though she be by the favour of the King solemnly crowned Queen yet that is but a Royal Ceremony and no essential Exception whereby she may not from henceforth be accounted in the rank of Noble Women And this hath been proved by the effect in the Reign of King Henry the Sixth when some of the Wives crowned Queens have been Arraigned of High Treason and therefore put to Trial by the Nobles of the Realm as her Peers The Wife of the King 's eldest Son hath also some Prerogatives in regard of the Excellency of her Husband which the Wives of other Noblemen have not For by the Statute of the Thrteenth of Edward the Third it is High Treason to violate the Wife of the King 's eldest Son and Heir Dutchesses and Countesses have special Honours appertaining to their Estates as Kneeling Tasting c. which things are more appertaining properly to the Heralds than to be here treated of Ladies in Reputation THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father is a Lady by Courtesie of Speech and Honour and taketh place according as in ancient time hath been permitted by the Sovereign Prince and allowance of the Heralds but in legal proceedings they are not Priviledged nor to be named according to such Names of Dignity But the King may at his pleasure create such Men in the life of their Ancestors unto degrees of Lord's of his Parliament and then the Law is otherwise If a Noble Woman of Spain come into this Realm by safe Conduct or otherwise though in the Letters of safe Conduct by the King she be styled by such her Sovereign Title yet in the King's Courts of Justice she shall not be named by such Title though in common Speech she is styled a Lady An English Woman born doth taken to her Husband a French or Spanish Duke though he be made a Denizen yet she shall not bear his Title of Dignity in Legal Proceedings A German Woman is married to a Peer of the Realm and unless she be made a Denizen she cannot lawfully claim the Priviledges or Titles of her Husband no more than she can to have Dower or Joynture from him An English Woman doth take to her Husband an Irish Earl or if a Lord of Scotland though he be a Postnatus take an English Woman to his Wife their Wives shall not participate of their Husbands Titles of Dignity But if the King do create one of his Subjects of Scotland or Ireland a Peer of this Realm then shall he and his Wife enjoy all the Priviledges of a Nobleman But if an English man by the Emperor be made an Earl of the Empire his Wife shall not bear that Title of Honour All the Daughters of Dukes Marquisses and Earls are by the ancient Custome of the Realm styled Ladies and have precedency according to the Degrees of their Parents And of this Custome the Laws do take notice and give allowance for Honour and Decency But nevertheless in the King's Courts of Justice they bear not those Titles of Honour no more than the Sons of such Noble persons may do So in this point the Law is one way and the Honour and Courtesie of Ladies another And as a Civilian in like Case saith Aliud est jus aliud privilegium nevertheless the Books of our Law do make mention thereof and allow of it as a Courtesie though not as a Law Thus much of Women If I have been too large upon this Subject I crave their pardons and if too short I wish I had been more large for their Honour Yet let them compare their Conditions with that of their Neighbouring Nations and 't is believed they have reason to judge themselves the happiest Women in the World but Nemo sua sorte contentus None truly value what they do possess Birth Beauty Titles Riches in excess Are all a Plague if ought else we desire The loss of that makes all our joys on fire The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox ◠a. The Rt. honble Ann Stuart Baroness of Castle Stuart in ye. Kingdome of Ireland Relict of the Rt. honble Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in ye. County of
is the Bishop's Palace This City is governed by a Mayor seven Masters sixteen Burgesses a Recorder Town-Clerk c. and hath the election of Parliament men It offers to view amongst other remarkables four Steeples and three Churches whereof two are Parochial viz. Trinity and St. Michaels that an ancient well built Church in form Cathedral which being impaired by a late fall of its beautiful Spire is since restored to its former lustre at a vast expence and charge this a stately large and brave inlightned Fabrick a curious Shell whose Content is one hundred yards in length and seven and twenty yards in breadth besides several Isles and Chappels both on the North and South sides thereof supported by neat and slender Pillars with five Isles whose Steeple for tower and lofty tapering Spire gives place to none in England Bablack Church one of the three is a solid Antique Structure its form Collegiate where Divine Offices are performed but at some Festivals in the year It hath gloried in a matchless Wall and though its form was irregular for a defensible Fortification yet was it built strong broad high and large in circumference now only guessed at by its ruins and its twelve lofty Ports oâ— Gates yet standing No place compares with this City for a most beautiful Cross of large dimensions and height adorned with variety of Statues Figures and Sculptures richly laid over with Gold and set off with becoming Colours It hath among others one magnificent Hall called Aula Sanctae Mariae fit for a celebrious Congress or Assembly Here is a fair Grammar School founded by Iohn Hales Esquire yet styled Schola Regis Henrici Octavi and another School of late erection for poor Children by Mr. Christopher Davenport late Alderman Appendant to both is a Library with learned Authors both Print and Manuscripts of which Schools the Mayor and Aldermen of this City are Visitors The Hospitals are 2 well and plentifully providing for twenty Blue-Coats eleven poor men in black Gowns and two Nurses in the one and eight other married Couples in blue Gowns in the other and a Nurse To it is annexed very large and rich Commons great Annual Loans and Gâ—fts distributed amongst poor young and hopeful Tradesmen together with frequent remembrances of some noble Benefactor or other who intrustred the City to dispose of their bounty to others as among themselves viz. forty pounds per Annum to St. Iohns Colledge in Oxford and forty pounds per Annum to several other Cor-Proporations Also near the said City at a Pool called Swanswell is a Spring which filleth a seven Inch Diameter of which water the quantity of five Tun an hour is daily raised to the top of a Turret six and thirty foot high by a stream out of the said Pool containing nine cubical Inches which moveth an overshot Wheel and a triangular Crank with Ballances and Buckets being an heaving or lifting Engine from hence the water is conveyed into the Streets of the City and Houses of such Inhabitants as will and do take the said water at an Annual Rent This Water-work was begun by Thomas Sargenson Mason and Bartholomew Bewley Plumber in the year 1630. and hath been since altered and put into the form it now worketh in the year 1658. and so continued by Thomas Bewley Son of the said Bartholomew who is the present prietor The City is owner of a rich Delf or Mine of Coles near adjoyning to it which is hoped will in a little time add much to its Revenue the present Undertakers using that method for the mastering of the Water which the inadvertency of former Undertakers either could not contrive or at least not effectually prosecute The staple Commodity of the place is Cloth but to how low an ebb that trade is now come to every place can report and competently judge as well as this City It s Government consists of Annual Officers ten Aldermen or Justices with two standing Councels viz. the Upper the Second or Common-Councel The Annual Officers are the Mayor Recorder two Sheriffs Steward Coroner two Chamberlains tow Wardens and some other Attendant and Ministring Officers The Mayor is the eye of the Body the King 's immediate Lieutenant having the precedency of all Prince Henry himself when in Coventry refused to take the better hand of him when modestly the Mayor offered it saying He would not resume a right of his Fathers Graunts This Authority is Solitary or Social Solitary as to be Clerk of the King's Market Steward and Marshal of the King's House to be in Commission for Arrays and Head of the twelve Companies Social in the upper Councel which consists of Aldermen and some Candidates for the Majoralty where he orders and manageth the particular Affairs and Revenues of the City distributes the bounty of Benefactors sometimes calling in the Assistance of the second Councel arbitrarily chosen by him and his Brethren out of the wealthiest and discreetest Citizens and consisting of five and twenty who are as Witnesses of their just administrations as well as Advisors in all Alienations of City Lands and Grants of other nature The Aldermen are Justices of the Peace in as full Latitude as any other having ten Wards or Precincts assigned them with an Appropriation of a Ward to each Alderman as to some respects though otherwise every one is Justice throughout both as to the City and County of the City which is of large extent Of these Justices there are of the Quorum four viz. the Mayor Recorder and two eldest Aldermen The Mayor's Insignia are a Sword a Hat of Maintenance a great Mace and six smaller with a Tip-staff the Robes black lined with Furr and on solemn and festival days Scarlet lined with Foins The present Aldermen and Justices for the year 1676. are William Ielliff Alderman now Mayor the second time the Right Honourable Iames Earl of Northampton one of his Majesties Privy Council Recorder Ioseph Chambers Iames Nailer Iulius Billers William Vale Ralph Phillips Nathaniel Harryman Thomas King Thomas Bewley Abell Brooksby Humfry Burton Coroner Sir Richard Hopkins Kt. Serjeant at Law Steward As to the Rights Immunities Priviledges when and by whom granted together with all other things coincident to this City from its first appearance to its ascending Grandure and Declining or Cadency they are most amply and learnedly mentioned to our hand by the Pen of the learned Mr. Dugdale Norroy King of Arms to whom we referr the Reader The Arms belonging to this City are parted per Pale Gules and Vert an Elephant Argent on a Mount proper bearing a Castle on his back Or. WARWICK the Shire-Town of good account being the place where the Assizes and general Sessions for the County are kept it is indifferent large containing two Parish Churches besides some demolished its Houses are well built its Streets spacious and good is a place well inhabited and enjoyeth a good trade especially for Mault It is governed by a Mayor twelve Brethren four
Empire are maintained Thus is Poland preserved from the power of the Turk and by this very way were our Kings anciently guarded their Castles defended their Forces for Conquest as well as Defence mustered up viz. by Knights Service as our Histories and Law Books sufficiently demonstrate Of Captains General Marshals and other chief Commanders AN Army may be provided a Navy rigged manned and equipped but the chief and most difficult task is to find a Generalissimo worthy of Command one upon whose Conduct the hope of the War depends I mean not in the force of his Person but in his Knowledge in Military Affairs in his Magnanimity which comprehends the four Cardinal Vertues viz. Prudence Justice Temperance and Fortitude in his Authority and in his Disposition to engage the Affections of his Souldiers without which they will hardly be brought to do him Honour nor their King and Country good Service as might be demonstrated by several Examples were it convenient It behoveth a General not only to Conduct his Army but carefully to provide for them Provisions as well as Ammunition and to shew himself prudent patient cautious and liberal unto them indeavouring to gain by love what he might command from them by power And this made Homer to call Agamemnon a Pastor of People because he carefully looked after the safety of his Army Theodosius the Emperor did not command the meanest of his Souldiers to do any thing but that he himself would sometimes do And Antonius did sometimes march on foot and carry in his Hand the general Ensign of the Army which was very ponderous to shew that his Souldiers should not refuse to undergo any Labour that should be required from them Amongst the many good properties required in a General nothing is more commendable than Liberality and on the contrary Covetousness as much detestable for hard it is to attend the Affairs of War and be overmuch in love with Money Yet that Commander who with Honor and good Conscience can attain to Wealth is not to be disliked for thereby he may upon an emergent occasion supply the wants of a necessitated Army And that General is most to be esteemed who as a Souldier knoweth how to offend his Enemy to govern his own Forces patiently to suffer want and to endure labour heat and cold For sometimes it is found that he who hath Authority to command wanteth another to command him for want of true knowledge of those things that belong unto his Office for it is more difficult for a General or Commander to know what belongeth unto him than to execute the Office of that place seeing that Skill must precede Action and use go before Commandment It is expedient for all Princes and Commanders to be well read in Histories and principally those that concern the Actions of their Ancestors And this as some believe caused King Edward the Third when he made War against Robert the Second King of Scots to order a certain Monk to attend him in that Expedition to write down all the Actions of that Enterprize Mahomet the Second Emperour of the Turks endeavoured much to know the Histories of his Predecessors and gave liberally unto one Iohn Maria of Vincenza to write the Victories he obtained against Vssancassan King of Persia. Much more praise and honour is due unto those Commanders that by long Service and due degrees of War have deserved the Titles appertaining unto Arms and bear about them the Scars and Marks of true Valour A General of Horse according to Plato ought to be made by the consent of the whole Army The Praefecti or great Commanders were elected by those Souldiers that bare Targets The Tribuni militum had their advancement by the voice of Men at Arms and other Captains or Commanders of a lower quality were chosen by the chief General And that Person that in Service was most painful in Actions most industrious in Perils most resolute in Counsel most provident and in Execution most quick was by the Chieftains elected for their Emperor Leo the Emperor in his Book entituled The Preparation for War speaking of the Election of a General saith That to know the generosity of a Horse or a Dog we have regard to his proper Operations rather than to the Dam or Sire which begot him even so the Nobleness of a Man ought to be considered by his proper Valour and Vertue and not by the Blood of those that brought him into the World neither of the Glory of his Ancestors which oft-times degenerates I confess to aim more at the Nobleness of the Blood than at the necessary Vertues of the Person chosen is a dangerous Error in time of Action and proved fatal to Phocas the Emperor when he sent his Nephew Manicel against the Sarazens being a young Man of no Experience yet stubborn in his Resolves who contrary to the Vote of his Council of War followed his Enemy till he was drawn by them into certain Streights and hemmed in and the most part of his Army slain Fazelli lib. 6. Dec. 2. Hist. Sicili A Charge of so grand an Import ought therefore to be bestowed upon a worthy Person whose Vertues have been tryed in times of trouble one if to be found whose conduct hath been crowned with Success The Commander whose Helmet hath been usually canopied with the Plumes of Victory will not quickly be forsaken of his Souldiers in the uttermost Extremity they still expecting the same Fortune should attend him as Iulius Caesar oftentimes experienced nor is it an easie task to engage an Enemy against him upon equal terms An experienced liberal and tender affectionative General to his Souldiers is then the Man and the more Illustrious by Birth the better Equality causing Emulation which some convert to envy and that oftentimes ends in inveterate Malice Never have we been more fortunate than in our Royal Armies when we have had a King or an Heir Apparent to the Crown the Head thereof witness our Victories in Palestine and Cyprus under King Richard our many victorious Henries and Edwards the Battels of Cressey Poictiers and Agincourt our grand Victory at Sea in the Dutch War under the Conduct of his Royal Highness Iames Duke of York Nor are we at present destitute of Captains of the Blood Royal which are endowed with all Virtues and Princely Qualities requisite for so great Imploy Let me but mention his Royal Highness the Duke of York and all Christendome will second me to his eternal Fame that neither Alexander Caesar nor any other old Captains shewed greater Courage or Skill passed through greater perils by Land or Sea than he hath done nor is there any Person in Europe that can justly dispute for Glory with him or whose Life hath been so illustrious Let us but consider How that at Twenty years of Age he had traced most part of Christendome to encounter glorious Actions that since he has been engaged in all sorts of Combats wherein he hath been Conqueror
of Vice which was most detestable unto them And Marcus Tullius studying to restrain the Vice of Youth by Law ordained eight several punishments which he called Damnum Vincula Verbera Talio Ignominia Exilium Mors Servitus The Ensigns of Honour which the Romans used to beâ—tow in token of Dignity were Chains of Gold gilt Spurs and Launces but principally Crowns of different forms which at first were made of Bays in token of Mirth and Victory but afterwards they were made of Gold The chief Crowns were Military with which their Consuls and chief Commanders in their Triumphs were crowned The next was by them called Corona Muralis and was given to him that was first seen upon the Wall of an Enemies Town and this Crown was wrought with certain Battlements like a Wall and made of Gold Corona Castrensis made of Gold with points like Towers and this was given for a Reward to him that could break the Wall of an Enemy and enter the Town or Castle Corona Navalis made of Gold garnished with Forecastles and given to him that first boarded an Enemies Ship Corona Oleaginea made of Gold given to them that repulsed an Enemy or were Victorious in the Olympian Games Corona Ovalis made of Gold given to them that entred a Town taken with little Resistance or yielded upon Composition Corona Obsidionalis given to a General Leader that had saved his Army in Distress and this Crown was made of the Grass growing where the Army was beseiged Corona Civica made of Oaken Boughs and was given to him that saved a Citizen from the Enemy Corona Haederalis which was given to Poets Corona Populea which was given to young men that were industrious and inclined to Vertue Aristotle makes four kinds of Civil Nobility viz. Divitiarum Generis Virtutis Disciplinae Sir Iohn Ferne defines Civil Nobility to be an Excellency of Dignity and Fame placed in any Kingdom or People through the Vertues there shewed forth to the profit of that Kingdom Which made Diogenes to tearm Nobleness of Blood a Vail of Lewdness a Cloak of Sloth and a Vizard of Cowardise Civil Nobility may be refined into a triple Division first by Blood secondly by Merit and thirdly by Blood and Merit which last without doubt is the most honourable and of greatest esteem For certainly the Honour gained lives in his Family and doth perpetuate his Vertues to Posterity whilst the glory that those by descents of Blood shine in is but the reflection of their Ancestors For all will judge the raiser of a Family more honourable than him that succeeded him not adding to that Honour by any Merit of his own So that it is the best honour the Son can do his deceased Father or Relation to imitate his Vertues If any person be advanced by lawful Commission of his Prince to any Place Dignity or publick Administration be it either Ecclesiastical Military or Civil so that the said Office comprehends in it Dignitatem vel dignitatis titulum he ought to be received into the Degree of Gentility And a Man may be ennobled by Letters Patents from his Prince though he have not the Superiour Titles added and may have a Coat of Arms given him Of Gentry and bearing of Arms. NOah had three Sons who were saved with him in the Ark from the Deluge viz. Sem Cham and Iapheth and between these three he divided the World Sem his eldest Son he made Prince of Asia Cham his second Prince of Affrica and Iapheth his third Prince of Europe Of these three issued divers Emperors and Rulers whereof at this day we have ten Degrees of which Six are called Noble as a Gentleman Esquire Knight Baronet Baron and Viscount and four others are called excellent as an Earl Marquis Duke and Prince There are Nine sundry Callings of Gentlemen 1. The' first is a Gentleman of Ancestry which must needs be a Gentleman of Blood 2. The second is a Gentleman of Blood and not of Ancestry as when he is the second degree descended from the first 3. The third is a Gentleman of Coat Armour and not of Blood as when he weareth the Kings Devise given him by a Herald If he have Issue to the third Descent that Issue is a Gentleman of Blood 4. The fourth also is a Gentleman of Coat Armour and not of Blood as when the King giveth a Lordship to him and his heirs for ever then he may by vertue thereof bear the Coat of the Lord 's making the Herald approving thereof But if any of the Blood of that Lordship be yet remaining he cannot bear the same 5. The fifth is a Christian man that in the Service of God and his Prince kills a Heathen Gentleman he shall bear his Arms of what degree soever a Knight Banneret excepted and use his Atchievement without any difference saving only the word of the same miscreant Gentleman If he also have Issue to the fifth Degree they are Gentiles of Blood Note that no Christian may bear another Christians Coat nor a Pagan a Pagans Coat on the Condition abovesaid But if an English man in the Field when the Banner Royal is displayed do put to flight any Gentleman which is an Enemy to his Prince from his Banner of Arms the English Souldier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentleman that he so put to flight Also in Challenge of Combat the Victor shall not bear the Coat of the Vanquished yet indeed the Vanquished shall lose his own Coat But if he marry a Gentlewoman of Coat-Armour by the Courtesie of England he may bear hers 6. If the King do make a Yeoman a Knight he is then a Gentleman of Blood 7. The Seventh is when a Yeoman's Son is advanced to Spiritual Dignity he is then a Gentleman but not of Blood but if he be a Doctor of the Civil Law he is then a Gentleman of Blood 8. The Eighth is called a Gentleman untryal as brought up in an Abby and serving in good calling and also is of kind to the Abbots 9. The Ninth is called a Gentleman Apocrifate such a one as serving the Prince as a Page groweth by diligence of Service to be Steward or Clerk of the Kitchin and is without Badge of his own except when the Prince by the Herald endoweth him with some Conisance c. Aristotle in his Politicks reciteth four kinds of Nobility that is Nobleness of Riches Nobleness of Lineage Nobleness of Vertue and Nobleness of Science amongst which those of Vertue and Lineage are of chief estimation being such from whence the others do proceed As some write Nobility began to be advanced shortly after Noah's Flood For when possessions were given by the consent of the people who had all things in common and were of equal degree they gave them to such whom they admired for their Vertues and from whom they received a common benefit The Law of Arms which is chiefly directed by the
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
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
lawfully do by Office that is to say The Steward of the King's Houshold notwithstanding the Liberty of any other although in another Kingdom when the Offender may be found in the King's Houshold according to that which happened at Paris in the Fourteenth year of Edward the First when Engelram of Nogeut was taken in the Houshold of the King of England the King himself being then at Paris with silver Dishes lately stoln at which deed the King of France did claim Cognizance of the Plea concerning that Theft by Jurisdiction of that Court of Paris The matter being diversly debated in the Council of the King of France at length it was Ordered That the King of England should use and enjoy that Kingly Prerogative of his Houshold who being Convicted by Robert Fitz-Iohn Knight Steward of the King's Houshold of the Theft by consideration of the said Court was hanged on the Gallows in St. Germans Field And here by the way may be noted from those recited Books alledged That the person of the King in another King's Dominions is not absolutely priviledged but that he may be impleaded for Debt or Trespass or condemned for Treason committed with in the said Dominions For it is the general Law of Nations that in what place an Offence is committed according to the Law of the said place they may be judged without regard to any priviledge Neither can a King in any other Kingdom challenge any such Prerogative of Immunity from Laws For a King out of his proper Kingdom hath not merum Imperium but only doth retain Honoris titulos dignitatis so that where he hath offended in his own Person against the King in whose Nation he is per omnia distringitur etiam quoad personam And the same Law is of Ambassadors ne occasio daretur delinquendi That Ambassadors are called Legats because they are chosen as fit men out of many and their Persons be sacred both at home and abroad so that no man may injuriously lay violent hands upon them without breach of the Law of Nations and much less upon the person of a King in a strange Land Bracton a Judge of this Realm in the Reign of King Henry the Third in his first Book and eighth Case saith There is no respect of Persons with God but with men there is a difference of Persons viz. the King and under him Dukes Counts Barons Lords Vavasors and Knights Counts so called because they take the Name from the County or from the word Sociati who also may be termed Consules of Counselling for Kings do associate such men unto them to govern the People of God ordaining into great Honours Power and Name where they do gird them with Swords that is to say Ringis gladorium Upon this cause were the Stations and Encampings of Arms called by the Romans Castra of the word Castrare since they ought to be Castrata vel Casta. In this place ought a good General to foresee that Venus Delights be as it were gelded and cut off from the Army So Sir Iohn Fern's Book entituled The Glory of Generosity Ring so called quasi renes girans circundans for that they compass the Reins of such that they may keep them from Incest of Luxury because the Luxurious and Incestuous persons are abominable unto God The Sword also doth signifie the Defence of King and Country And thus much in general of the Nobility of England Now followeth a more particular Discourse of each particular Degree and first of his Majesty the Fountain from whence all these Rivulets and swelling Streams of Honour's Spring The most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaineâ— France and Irelandâ— Defender of the faith ca. The Effiges of the most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine France and Ireland Deâ—ender of the faith câ—â— OF THE KING OR MONARCH OF Great Britain CHAP. II. MONARCHY is as ancient as Man Adam being created Soveraign Lord of the Universe whose Office was to govern the whole World and all Creatures therein His Posterity after his Death dividing into Tribes and Generations acknowledged no other Dominion than Paternity and Eldership The Fathers of Nations were instead of Kings and the Eldest Sons in every Family were reverenced as Princes from whence came the word Seignior amongst the Italians and French and Seignories for Lordship and Dominion of which Seneca makes two kinds viz. Potestas aut Imperium power to command Proprietas aut Dominium Property or Dominion These Empires in the Golden Age were founded upon natural Reverency and Piety their Power was executed with the soft Weapons of paternal perswasions and the greatest penalties that they inflicted upon the most Capital Criminals was the malediction of their Primogenitors with an Excommunication out of the Tribes But as Men and Vice began to increase Pride and evil Examples overshadowed Filial Obedience and Violence entred upon the Stage of the World the mighty Men truâ—ling in their own strength oppressed the Feeble and were at length forced to truckle under the tyranny of others more Gygantick than themselves which necessitated them to submit to Government for self-preservation many housholds conjoyning made a Village many Villages a City and these Cities and Citizens confederating established Laws by consent which in tract of time were called Commonwealths some being governed by Kings some by Magistrates and some so unfortunate as to fall under the yoak of a popular Rule Nam Plebs est pessimus Tyrannus The first Chiefs or Kings were men of Vertue elected for their Wisdom and Courage being both Reges Duces to govern according to their Laws in Peace and to lead them forth to Battel against their Enemies in time of Hostility And this Rule proving more safe for the people honourable amongst men and â—â—rm in it self than the other most Nations followed it approving the Sentence of Tacitus Prâ—stat sub Principo â—alo esse quam nulle Lamentable Experience the Mistress of Fools in some and of Wisdom in others in the Ages sequent necessitated them again to quit the â—orm of Election and to entail the Soveraign Power in the Hereditary Loyns of their Kings to prevent the fatal consequence of Ambition amongst equal pretenders in popular Elections Thus the beginning of an Empire is ascribed to reason and necessity â—ut 't was God himself that illuminated the minds of men and let them see they could not subsist without a Supream in their human affairs Necessitas â—st firmum judicium immutabilis providentiae potestas This Island of Great Britain when Barbarism was so happy as to submit to a Regal Power as Caesar in his Commentaries witnesseth then divided into many Kingdoms under which Government of Kings with some small alterations according to the necessity of times and pleasure of Conquerors it hath flourished descending from the British Saxon Danish Norman and
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
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
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
Hen. 1. fol. 3. and so doth Vlpian the Civilian determine And this is one of the three Reasons alledged wherefore by the policy of our Law the King is a Body Politick thereby to avoid the attainder of him that had right to the Crown Coke's seventh part 12. a. lest in the interim there should be an interregnum which the Law will not suffer because of the manifold Incumbrances thereof For it hath been clearly resolved by all the Judges of the Land That presently by the descent of the Crown the next Heir is compleatly and absolutely King without any essential Ceremony or Act to be done ex postfacto And that Coronation is but a Royal Ornament and outward Solemnization of the Descent And this appeareth evidently by abundance of Presidents and Book-Cases Let us take one or two Examples in a Case so clear for all King Henry the Sixth was not crowned till the Eighth year of his Reign and yet divers men before his Coronation were attainted of Treason Felony and the like Crimes and he was as absolute and compleat a King for matters of Judicature Grants c. before his Coronation as he was after Queen Mary reigned three moneths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for Treason which they had committed before she was Queen And upon this reason there is a Maxim in the Common Law Rex nunquam moritur in respect of his ever living and never dying politique capacity In France also the same Custome hath been observed and for more assurance it was expresly enacted under Charles the Fifth That after the death of any King his eldest Son should immediately succeed for which cause the Parliament Court of Paris doth accompany the Funeral Obsequies of those that have been their Kings not in mourning attire but in Scarlet the true Ensign of the never dying Majesty of the Crown Nevertheless certain Cities in France not long since alledged for themselves that because they had not reputed Henry the Fourth for their King and professed Allegiance unto him they were not to be adjudged Rebels Whereupon the chief Lawyers of our Age did resolve That forasmuch as they were original Subjects even Subjects by Birth they were Rebels in bearing Arms against their King although they had never professed Allegiance unto him To conclude this Chapter I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales which began on the Thirtieth of May 1610. as followeth The Prince accompanied with divers young Noblemen together with his own Servants rode from his Court at St. Iames's to Richmond where he reposed that night on the next day the Lord Mayor Aldermen with the several Companies in their Barges attended his Highness about Barn Elmes where he was entertained with a Banquet and in other places with Speeches by a Neptune upon a Dolphin and a Sea Goddess upon a Whale c. His Highness landing at Whitehall was received by the Officers of his Majesties Houshold according to order viz. by the Knight Marshal and the Serjeant Porter In the Hall by the Treasurer and Comptroller of the Houshold in the great Chamber by the Captain of the Guard and in the presence Chamber by the Lord Chamberlain from whence he went into the Privy Chamber where the King and Queen met him the Saturday after was taken up with the usual Ceremonies of making Knights of the Bath to attend his Highness at his Creation which were Five and twenty in number Upon Monday following these Knights of the Bath met in the Queens Closet where they put on long Purple Satten Robes lined with white Taffata and a Hood like a Batchelor of Law about their Necks and in a Barge prepared for them went before the Prince to Westminster Palace where his Highness landed and proceeded to his Creation thus First the Heralds Next the Knights of the Bath Then the Lords that were imployed in several Services Garter King at Arms bearing the Letters Patents The Earl of Sussex the Robes of Purple Velvet The Earl of Huntington the Train The Earl of Cumberland the Sword The Earl of Rutland the Ring The Earl of Derby the Rod. The Earl of Shrewsbury the Cap and Coronet The Earl of Nottingham and Privy Seal supported his Highness being in his Surcoat only and bareheaded to the Parliament Chamber The King was already set with all the Lords Spiritual and Temporal in their Robes of State all the Knights and Burgesses of the lower House present as also the Foreign Ambassadors the great Ladies of the Realm and the Lord Mayor and Aldermen of London seated upon Scaffolds The Procession entring in manner aforesaid made three several low Reverencies to his Majesty and when they came to the Throne Garter King at Arms kist the Letters Patents and gave them to the Lord Chamberlain who presented them to the King who delivered them to the Earl of Salisbury Principal Secretary of State who read them the Prince kneeling all the while before the King and at the words accustomed the King put on the Robe the Sword the Cap and Coronet the Rod and the Ring The Patent being read the King kist him on the Cheek and the Earl Marshal with the Lord Chamberlain placed him in his Parliament Seat viz. on the left hand of the King which Ceremony being ended they returned to the Palace Bridge in manner as followeth First the Masters of the Chancery the King's Council and others then the Officers of Arms the Knights of the Bath next twenty Trumpets before them then the Judges and after them all the Members of Parliament in order the Barons Viscounts Earls and Marquisses having Coronets on their Heads then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor then Garter next before the Sword and then the Prince and King They took Barge at the Palace Stairs and landed at Whitehall Bridge where the Officers at Arms the Members of Parliament and the Lords being first landed attended the King and Prince and went before into the Hall and so into his Majestie 's Presence Chamber whence the Prince descended again into the Hall to Dinner himself seated at the upper end of a Table accompanied with the Lords that attended him at his Creation who sate on both sides of the Table with him At another Table on the left hand sate the Knights of the Bath in their Robes along one side attended by the King's Servants At the second Course Garter with the Heralds came to the Prince's Table and after due reverence proclaimed the King's Style with three Largesses viz. King of England Scotland France and Ireland Defender of the Faith c. And then proclaimed the Prince's Titles viz. Prince of Wales Duke of Cornwall and Rothsay Earl of Rothsay Earl of Chester and Knight of the Garter with two Largesses Then with Feasting Masques and all sort of Courtly Gallantry that joyful
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
at pleasure and so it is adjudged and declared by Parliament in the First and Second of Philip and Mary cap. 8. fol. 156. But not between the Majestical Style of the King and the Title of Honour appertaining to a Subject this difference is between Grants or Purchases made by or to a Nobleman c. For in that first case it is necessary that the Name King be expressed otherwise they are void But if a Duke Earl or other Degree of Nobility do Purchase or Grant by the Name of Baptisme and Surname or other Title of Honour it is not void for it is a Rule in Law That every man's Grant shall be construed most to the benefit of him to whom the said Grant is made that it may rather be strengthened than made void for there is a great diversity in the Law between Writs and Grants For if Writs are not formally made they shall be abated which is only the loss of the same but if a Grant should be made void then the party hath no remedy to have a new one and for that cause the Law doth not favour Advantages by occasion of false Latin or such like mistake And if an Earl be Plaintiff or Demandant and having the Writ shall not abate but nevertheless he shall proceed and count by the Name of an Earl according to such Title of Honour as he did bear at the time of the Commencement of his Action But if the Plaintiff in a Quare Impedit be made Knight having the Writ shall abate There is a Statute made in the First of Henry the Fifth cap. 5. wherein is contained as followeth Item It is ordained and established That every original Writ of Actions personal Appeals and Indictments in which the Exigent shall be awarded in the names of the Defendants in such Writs original Appeals and Indictments additions shall be mâ—de of their Estates Degrees and Mysteries and the Towns Hamlets and Places and the County where they were or be conversant And if by Process upon the said original Writs Appeals or Indictments in which the said additions are omitted any Outlawries be pronounced that they be clearly void and that before these Outlawries pronounced the said Writs and Indictments shall be abated by the exceptions of the party wherein the said additions are omitted Provided that though the said Writs of Additions Personal be not according to the Records and Deeds by the surplusage of the Additions aforesaid that for this cause they be not abated And that the Clerks of Chancery under whose Names such Writs shall go forth written shall not leave out or make omission of the said Additions as aforesaid upon pain of punishment and to make fine to the King by the discretion of the Lord Chancellor or Keeper And this Ordinance shall begin to hold place at the suit of the party from the Feast of St. Michael then next ensuing Although addition of Estate Degree and Mystery to be added unto Names be written in the Statute first before the additions of the Places and Counties yet it hath been used always after the making of the said Statute to place the Addition of Estate Degree and Mystery after the Places and Counties in all Writsâ— Appeals and Indictments against common persons But the use is otherwise in Appeals and Indictments of Treason or Felony against Dukes Marquisses and Earls for their Names of Degrees are in such case put before the Additions of Places and Counties as Charles Earl of Westmoreland late of Branspit in the County of Durham Names of Dignity as Dukes Earls Barons Baronets Knights c. are contained within the word Degree for the Sate of a man is his Mystery Brook Chief Iustice of the Common Pleas in Abridgment of the Case of 14 Hen. 6. fol. 15. titulo Nosme de Dignitate Injuries done to the Name and Honour of a Nobleman IN the Second of Richard the Second c. 1. that Counterfeits and Spreaders abroad of false and reproachful words and lies against the Nobility Prelates and Great Men in publick Offices as the Lord Chancellor or Keeper the Lord Treasurer Lord Steward of the King's Houshold the Judges c. whereby Debates and Discord may arise between the said Lords and Commons to the great detriment of the Realm if due Remedy be not provided It is sâ—raitly Enacted upon grievous pain to eschew the said Dangers and Perils That from thenceforth none presume to tell or report any false and scandalous News against any of the persons aforesaid whereby discord or any slander might arise and he that doth the same shall incur the punishment ordained by the Statute of Westminster cap. 33. which wills that he be taken and imprisoned till he have found him that first reported the same And further by another Statute Anno 12 Rich. cap. 12. it was enacted moreover That when the said Offender is taken and imprisoned and cannot find him that first spake them then he shall be punished by the advice of the Council And to the intent that such evil disposed persons which by their lewd speeches and slanderous words or reports do endeavour to break and disquiet the peace of the Realm might the sooner be enquired of found out and punished by a Statute made in the first and second of Philip and Mary it was established That the Justices of the Peace in every Shire City and Town Corporate within the Limits of their several Commissions shall have full power to hear and determine the Causes abovesaid in the two Acts of Edw. 1. and 2 Rich. 2. specified and to put the said Statutes and every part thereof in due execution that condign punishment be not deferred from such Offenders And besides the said Penalties to be so inflicted on Transgresâ—ors every Nobleman or great Officer of the Realm against whom any scandalous words false news or lies are spoken may prosecute the Offender in any Action de scandalis magnatum and recover damages against him And in like manner may every inferiour person for any such like words of infamy spoken against him recover damages against the Offender And in former times speeches tending to the reproach of others were so odious that King Edgar ordained That his Tongue should be cut out that spake any infamous or slanderoas words of another And the said Lord Beauchamp did sue an Action upon the Statute of Richard the Second cap. 5. de scandalis magnatum against Sirâ— Richard Châ—â—fts because he did sue a Writ of forging of false Deeds against the said Lord Beauchamp and the Defendant doth justifie the said slander by use of the said Writ c. And upon Demurrer the matter of Justification was good so that he was not liable to the punishment of the said Statutes but was quite discharged from the same There is no foul puddle that ariseth from the same corrupt Quagmire and distilled likewise out of a heart infected with Malice and Envy but it devised and practised by another meaner than
all true Wisdom And therefore our wise and religious Ancestors called to their General Council or Wittengemote or Court of Wisemen as they called it those chief and principal persons of the Clergy which by their places and professions by their Gravities Learning and Wisdom might best advise them what was the Law of God's acceptable will and pleasure that they might frame Laws answerable or at least wise not contrary and repugnant thereunto And touching the Temporal Barons by Tenure mention is made of them in the Books of Law Records and ancient Monuments of the Realm and these Baronies were anciently uncertain and rentable at the pleasure of the King But such incertainty was brought to certainty by the Statute of Magna Charta chap. 2. Bracton doth make express mention of Barons Temporal by Tenure it shall be needful here again to remember the former assertion of Bracton That the head of a Barony descending to Daughters should not be divided by partition which argueth likewise the Tenure of Barony But let us descend to other Authority viz. the Book-Case in the 48 Edw. 3. fol. 30. Sir Ralph Everdon's Case by which Case of Law 't is most evidently proved that there are Barons by Tenure which in regard of such their Tenure ought to be summoned to Parliament And furthermore That there were or are Barons by Tenure read the Statute of Westminster 2. cap. 41. where the Fees of the Earl-Marshal and the Lord Chamberlain are expressed which are to be taken by them upon the Homage done of every Baron by Tenure whether the Baron holdeth by a whole Barony or by a less But here ariseth a Question If a Baron by Tenure alien and grant away the Honour Castle and Mannor holden by Barony whether shall such Alien or Grauntee take upon him the State Title and Dignity of a Baron or not Or what shall become of such Dignity of Baronage after such Alienation and Grant made They which do deny that there are any such Baronies by Tenure do use these as their principal Motives or Reasons First If there be any Baronies by Tenure then the Alience or Grantee of such Honour Castle and Mannor so holden must hold by the same Tenure that his Grantor or Feoffer before held but that was by Barony therefore such Grantee must hold by Barony And if such Grant or Alienation be made to persons Vulgar or Ignoble then should such Tenure be made Noble which were very absurd and full of inconveniency for Ornanda potius est dignitate domus quam ex domo dignitas utcunque quibus quaerenda est ab iis honestanda Milles peroration 3. Secondly It is very evident and manife stthat many ancient Mannors which in old time were holden by Baronage and were the head of Baronies are now in the Tenures of mean Gentlemen and others who neither may nor do challenge unto themselves in any respect hereof any Nobility without the great favour of the King 's most Excellent Majesty who is the Fountain of all Honour within his Dominions Thirdly Some ancient Barons there are that have aliened and sold many of those Castles and Mannors which did bear the Name and Dignity of Baronage and yet themselves do still retain and lawfully keep their Estate Dignity and Degree of Baron and have been and usually are such Alienations notwithstanding summoned nevertheless to the Parliament and there do take and hold their ancient place accordingly To these Objections it shall be convenient for the more easie unfolding the sâ—ate of this Question to exhibit certain necessary distinctions and upon them to draw true and infallible Conclusions and then to prove them by authority of Law consent of Time and manifold Presidents which done the Answer will be presently made as I conceive to every of the aforesaid Objections First therefore If a Baron by Tenure which holdeth any Castle Honour or Mannor by Baronage do Alien oâ— give the same away he doth it either with or without a Licence obtained from his Majesty for the same If he doth it without a Licence then the Conclusion is certain But by the Laws of this Realm the Barony Honour Castle or Mannor so aliened without licence or consent is forâ—eited and the same Honour Castle and Mannor â—o â—olden by Barony and so aliened is to â—e seized in the King's hands and the â—aid Forfeiture and such Dignity and Estate no longer to be born and continue but to be resumed and extinguished in the Crown from whence it was derived The reason therefore is notable if we call to remembrance that which was formerly alledged out of Bracton That Baronies are the strength of the Realm and suffer no division they suffer also no alienation without the consent or licence of the Sovereign Monarch for so should the Realm be infeebled and base persons ennobled without desert of Vertue or Prowess For where the thing so aliened is an Honour or Head of a Barony it differeth much from the ordinary Tenure in Capite whereof if the Tenant make Alienation without Licence he is only to pay a Fine by the Statute of 1 Edw. 3. cap. 12. whereof also before the making of the Statute there was diversity of Opinions at the Common Law after the Statute of Magna Charta cap. 31. And for further proof see Glanvile In Edward the Third certain Lands being parcel of the Barony of Bremberway were aliened by William de Browse the Baron thereof without the King's Licence and in the Argument of the Case concerning the same Judge Green delivered this for Law First That parcel of a Barony or Earldom of the King in chief cannot be aliened or dismembred without his Licence and if it be it shall be seized into the King's hands as forfeited and the King shall be seized thereof in his own right again In 43 Edw. 3. it was found by an Office that William Bishop of Chester had leased unto one Iohn Preston for his Life a Mannor which was parcel of the Mannor of the said Bishoprick without Licence and it was resolved by the Judges and others of the King's Council That the same was forfeited but by mediation of the said Council the Bishop submitted himself to the King and made a Fine and several Scire Facias's issued out against them that had received the many proâ—its to answer unto the King thereof And thus much concerning Alienations of Baronies without Licence But on the other part if a Baron by Tenure who holds any Honour Castle or Mannor by Barony do grant or alien the same by Licence I must again distinguish for either such Alienation is made for the continuance of his Barony Honour Lands and Tenements in his own Name Blood and Issue Male or else the same Alienation is made for Money or other Recompence or otherwise to a meer Stranger and hereof ensueth this second Conclusion or Assertion That if such Alienation be made for the continuance of his Barony in his Name and Blood or Issue Male
those ancient Fees in the time of Henry the Third and Edward the Fourth at this day do amount unto most men are not unskilful in Coke's seventh part 33. And in Cases of Decay of Ability and Estate as Senatores Romani amoti Senatu so sometimes they are not admitted to the Upper House of Parliament though they still keep their Title and Dignity Sir Thomas Smith de Republica Aâ—glorum 22. and by the Statute made 31 Hen. 8. cap. 10. the Lords have their places prescribed after this manner as followeth viz. These four the Lord Chancellor the Lord Treasurer the Lord President of the Council and the Lord Privy Seal being Persons of the Degree of a Baron or above are in the same Act appointed to sit in Parliament and in all Assemblies and Councils above all Dukes not being of the Blood Royal viz. the King's Uncle Brother and Nephew And these six viz. the Lord Great Chamberlain of England the Lord High Constable of England the Lord Marshal of England the Lord Admiral of England the Lord High Steward of his Majesties Houshold and the Lord Chamberlain also of his Mâ—jesties Houshold by that Act are to be placed in all Assemblies of Council after the Lord Privy Seal according to their Degrees So that if he be a Baron than he is to sit above all Barons or if an Earl above all Earls And so likewise the King's Secretaries being Barons or Earls have place above all Barons or Earls PRIVILEDGES Incident to the NOBILITY According to the Laws of England CHAP. XIII WHEN a Peer of the Realm and Lord of the Parliament is to be Arraigned upon any Trespass or Felony whereof he is indicted and whereupon he hath pleaded Not Guilty the King by his Letters Patens shall assign some great and sage Lord of the Parliament to be High Steward of England for the day of his Arraignment who before the said day shall make a Precept to his Serjeant at Arms that is appointed to serve him during the time of his Commission to warn to appear before him Eighteen or Twenty Lords of the Parliament or Twelve at the least upon the same day And then at the time appointed when the High Steward shall be set under the Cloth of Estate upon the Arraignment of the Prisoner and having caused the Commission to be read the same Serjeant shall return his Precept and thereupon the Lords shall be called and when they have appeared and are set in their places the Conâ—â—able of the Tower shall be called to bring his Prisoner to the Barr and the High Steward shall declare to the Prisoner the cause why the King hath assembled thither those Lords and himself and perswade him to answer without fear and then he shall call the Clerk of the Crown to read his Indictment unto him and to ask him if he be Guilty or not whereunto when he hath answered Not Guilty the Clerk of the Crown shall ask him How he will be tryed and then he will say By God and his Peers Then the King's Serjeant and Attorney will give Evidence against him whereunto when the Prisoner hath made answer the Constable shall be commanded to receive the Prisoner from the Barr to some other place whilst the Lords do secretly confer together in the Court and then the Lords shall rise out of their places and consult amongst themselves and what they affirm shall be done upon their Honour without any Oath to be ministred upon them And when all or the greatest part of them shall be agreed they shall retire to their places and sit down Then the High Steward shall ask of the youngest Lord by himself if he that is Arraigned be Guilty or not of the Offence whereof he is Arraigned and then the youngest next him and so of the residue one by one until he hath asked them all and every Lord shall answer by himself And then the Steward shall send for the Prisoner again who shall be led to the Barr to whom the High Steward shall rehearse the Verdict of the Peers and give Judgment accordingly The Antiquity and Original of this kind of Tryal by the opinion of several Authors is grounded from the Statute of Magna Charta so called not in respect of the quantity but of the weight of it Coke to the Reader before his eight part fol. 2. cap. 29. beginning thus Millus liber homo c. nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum But I take it to be more ancient than the time of Henry the Third as brought into the Realm with the Conqueror being answerable to the Norman and French Laws and agreeable with the Custom Feudale where almost all Controversies arising between the Sovereign and the Vassal are tryed per Iudicium parium suorum And if a Peer of the Realm upon his Arraignment of Treason do stand mute or will not answer directly Judgment shall be given against him as a Traytor Convict and he shall not be prest to death and thereby save the forfeiture of his Lands for Treason is out of the Statute of Westminster 1. chap. 12. 15. Ed. 4. 33. Dyer 205. But if he be Arraigned upon Indictment of Felony he may be mute This priviledge hath some restraint as well in regard of the person as in the manner of proceeding As touching the person first the Archbishops and Bishops of this Realm although they be Lords of the Parliament if they be impeached of such offence they shall not be tryed by the Peers of the Realm but by a Jury of Knights and other substantial Persons upon their Oaths the reason thereof alledged is so much as Archbishops and Bishops cannot pass in the like cases upon Peers for that they are prohibited by the Common and Ecclesiastical Laws to be judged of Life and Blood Reason would that the other Peers should not try them for this Tryal should be mutual forasmuch as it is performed upon their Honours without any Oath taken And so by the way you may see the great respect the Law hath to a Peer of the Realm when he speaketh upon his Honour even in a case concerning the life of a man and that of a Peer and therefore ought they much more to keep their Words and Promises in smaller matters when they engage their Honour for any just cause or consideration Secondly as touching these persons no Temporal Lords but they that are Lords of the Parliament shall have this kind of Tryal and therefore out of this are excluded the eldest Son and Heir apparent of a Duke in the life of his Father though he be called an Earl And it was the case of Henry Howard Earl of Surrey Son and Heir apparent to Thomas Duke of Norfolk in 38 Hen. 8. which is in Brook's Abridgment Treason 2. Likewise the Son and Heir apparent of an Earl though he be called a Lord. And all the younger Sons of Kings are Earls
by birth though they have no other Creation but shall not be partaker of these or other Priviledges incident to the Lords of the Parliament Thirdly Those that are Barons and of the Nobility of Scotland or Ireland if upon the like Offence committed in England they be apprehended in England they shall not have this Tryal by Peers no though they were born in England for they received their Dignity from a King of England of other Nations But if the King of England do at this day create one of his Subjects of Scotland or Ireland an Earl Viscount Baron or other Peer of this Realm or by his ordinary Writ of Summons under his Great Seal do call him to the Upper House of Parliament and assign him a place and to have Voice free amongst the Lords and Peers there assembled he shall be partaker with them in all priviledges And thus much concerning the restraint of the Priviledges in respect of the persons 39 Ed. 3. And touching the manner of proceeding it appeareth by the said Statute of Magna Charta chap. 29. That a Peer of the Realm shall be tryed by his Peers only in case where he is indicted at the King's Suit of Treason or Felony for the words of the Statute be Nec super eum ibimus c. But if any Appeal of Murther of Felony be sued by any common person against a Peer of the Realm he shall be tryed by common persons and not by his Peers And so was Fines Lord Dacres tryed in Appeal of Murther The Nobility of this Realm do enjoy this priviledge That they are not to be impannelled on any Jury or Inquest to make tryal or inquiry upon their Corporal Oaths between party and party for they may have a Writ for their Discharge to the Sheriff But it is a Rule in Law Vigilantibus non dormientibus subveniant jura For if the Sheriff have not received any such Writ and the Sheriff have returned any such Lord on Juries or in Assize c. and they thereupon do appear they shall be sworn if they do not appear they shall lose their Issues 35 Hen. 6. and in such case they must purchase a Writ out of the Chancery reciting their priviledges directed to the Justices before whom such Noble persons are so impannelled commanding to dismiss him or them that were so impannelled out of the said Pannel F.N.B. 165. This priviledge hath in two causes not been allowed or taken place 1. If the enquiry concern the King and the Common-wealth in any necessary and important degree or business of the Realm And therefore divers Barons of the Marshes of Wales were impannelled before the Bishop of Ely and other Commissioners of Oyer and Terminer to enquire of a notable outrage committed by Gilbert de Clare Earl of Glocester against Humphrey de Bohun Earl of Hereford and Essex and his Tenants in Wales in the Twelfth year of Edward the First where Iohn de Hastings Edmond de Mortimer Theobald Beardmoe and other Barons of the Marshes challenged their priviledges aforesaid and much insisted upon the same But it was afterwards answered by the Court as by the words in the Record appeareth The Barons aforesaid did persist in the Challenge and in the end both the said Earls between whom the said outrage had been perpetrated submitted themselves to the King's Grace and made their Fines Secondly This priviledge hath no place in case of necessity where the truth of the case cannot otherwise come to light for the words in the Writ in the Register are Nisi sua praesentia ob aliquam causam specialiter exigatur c. If any Nobleman do bring an Action of Debt upon Account in case where the Plaintiff is to be examined which is always intended to be upon Oath upon the truth of his cause by vertue of the Statute of the fifth of Henry the Fourth chap. 8. it shall suffice to examine his Attorney and not himself upon his Oath And this priviledge the Law hath given to the Nobility That they are not Arrested upon any Warrant of a Justice of Peace for their good behaviour or breach of Peace nor by a Supplicavit out of Chancery or from the King's Bench For such an Opinion hath the Law conceived of the peaceable disposition of Noblemen that it hath been thought enough to take their promise upon their Honour in that behalf And as in Civil Causes the like Rule doth the Court of Equity observe in Cases of Conscience for if the Defendant be a Peer of the Realm in the Star-Chamber or Court of Chancery a Subpaena shall not be awarded but a Letter from the Lord Chancellor or Lord Keeper in lieu thereof And if he do not appear no Attachment shall go out against him For in the Fourteenth year of Queen Elizabeth this Order and Rule was declared in the Parliament Chamber That an Attachment is not awarded by Common Law Custome or President against any Lord of Parliament And if he do appear and make his Bill of Complaint upon his Honour only he is not compelled to be sworn But by the Statute 5 Eliz. cap. 1. it is enacted That all Knights and Burgesses of Parliament shall take the Oath of Supremacy and so shall Citizens and Barons of the Cinque Ports being returned of the Parliament before they enter into the Parliament House which Oath shall be according to the tenor effect and form of the same as is set forth in the Statutue of 1 Eliz. Provided always that forasmuch as the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament therefore this Act nor any thing therein contained shall not extend to compel any Temporal person of or above the Degree of a Baron of this Realm to take the said Oath nor to incur any penalty limited by the said Act for not taking the same If a Peer be sued in the Common Pleas in an Action of Debt or Trespass and Process be awarded by Capias or Exigit against him then he may sue out a Certiorari in the Chancery directed to the Justices of the Common Pleas testifying that he is a Peer of the Realm For unless the Court be certified by the King 's Writ out of the Chancery that the Defendant is a Peer of Parliament if a Capias or Exigit issue forth against him it is no Error neither is it punishable in the Sheriff his Bailiffs or Officers if they execute the said Process and arrest the body of such a Noble person for it appertaineth not to them to argue or dispute the Authority of the Court But if the Court be thereof certified as aforesaid they will award a Supersedeas which is in the Books of Entries in the Title of Error Sect. 20. And there are two Reasons or Causes wherefore no Capias or Exigit lieth against any Peer one because of the dignity of their persons and the other by intendment of Law
There is none of the Nobility but have sufficient Freehold which the Plaintiffs may extend for their payment or satisfaction But a Capias or Exigit lieth against a Knight for the Law hath not that Opinion of his Freehold And if any of the Nobility happen to be so wilful and not to appear the Court will compel the Sheriff to return great Issues against him and so at every default to encrease the issues as lately against the Earl of Lincoln hath been in practice By the ancient Laws of this Realm before the coming of William the Conqueror many good Laws were made for keeping the Peace and amongst others That all above the age of twelve years should be sworn to the King which we in remembrance thereof do keep at this day in the view of Frank Pledge or the Court Leet But Noblemen of all sorts are neither bound to attend the Court Leet nor to take the Oath as appeareth by Britan. c. 29. treating of the Court called the Sheriffs Tourn out of which the Leet to be extracted And agreeable thereunto is the Statute of Marlbridge cap. 10. See the Lord Chancellor's Speech in the case of Postnati fol. 78. If a Writ of Error be brought in Parliament upon a Judgment given in the King's Bench the Lords of the higher House alone without the Commons are to examine the Errors ibid. fol. 22. In the 11 th of Henry the Fourth fol. 26. in a Case concerning a Distress taken for Expences and Fees the Knights of the Parliament are not contributary for such Lands as are parcel of their ancient Lordships and Baronies but for other Lands they are But there is a Question made If one which is no Baron but ignoble do purchase any ancient Barony whether he shall be discharged of such Expences and Fees or not Which is not worthy the questioning For as Land holden by Villainous Service doth not make him a Villain or Bondman which being free doth purchase the same although by his Tenure he shall be bound to do such Villainous Service So on the other side Land that is holden by Barony doth not make the Villain or Ignoble which purchaseth the same to be Noble although the charge of such Tenure do lye upon him in respect of the Service of the Realm It is said in our Books That a day of Grace or by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action whereby a Nobleman is Defendant because thereby a Nobleman should be longer delayed than the ordinary course of the Court is and such a Lord is to have expedition of Justice in respect that he is to attend the person of the King and the Service of the Commonwealth But if there be no Noble person to the Suit the Judges do and may at their discretion upon a motion grant a day more of Grace otherwise than by the strict course of the Law the Plaintiff may challenge Cambden f. 169. writing upon this Subject saith Where a Nobleman is Demandant the Defendant may not be assoyned for the delay and cause aforesaid To which I could also subscribe but that the Book in the fifth of Hen. 4. 15. b. is otherwise adjudged There the King brought a Quare Impedit against a common person and the Defendant was essoyned by a Rule of Court If any Peer of the Realm be Plaintiff or Defendant in any Action real or personal a-against any other whereupon any Issue is to be tryed by a Jury the Sheriff must return one Knight at the least to be of the Inquest otherwise upon challenge made the whole pannel shall be quashed Which by order of the Law is appointed to be done for honour and reverence due to the person of that degree For when a Peer of the Realm is party it is otherwise than when the Suit is between private persons F. N. B. Title Challenge 115. 13. Edward the Third in a Quare Impedit against a Bishop adjudged But the Earl of Kent in the fourteenth year of the late Queen's Reign and the parties did plead to an Issue the Venire Facias is awarded which the Sheriff did return â—â—rved and a pannel returned accordingly in which is no Knight named The truth of which Case was that after the return made the Demand is published and demanded by the Queen and the Heralds to be Earl of Kent in right and discent although he had not been so reputed or named before and also after that time that is to say at the then last Parliament the Tenant is made a Baron by Writ of Parliament and then the Jury doth appear in the Court of Common Pleas and the Earl of Kent did challenge the Array because no Knight was returned but it was not allowed him by the Court for the admittance of both parties is to the contrary and no default can be laid to the Sheriff for he had no notice of the honourable Esâ—ate of either of the parties the Demandant not being then known or reputed to be an Earl by descent or of the Tenant then also being no Baron How much the Common Law hath always prohibited perpetuity in Lands and Tenements you may see in Corbet's Case in the first part of Coke's Book fol. 48. and in many other Cases in the rest of his Books As also Littleton fol. 145. saith it is a principle in the Law that every Land in Feesimple may be charged with a Rent But if the King's Majesty upon a Creation of any Peer of the Realm of what degree soever do as the manner is by Letters Patent give unto any such new created Nobleman an Annuity or Rent for the support of his degree which they call Creation-money this is so annexed to the dignity that by no Grant Assurance or any manner of Alienation it can be given from the Lord but is still incident and a support of the same Creation In all Cases wherein is any Suit a Baron or Peer of the Realm is to be amerced no less than five pounds but the amercement of a Duke is One hundred pounds Although the Statute of Magna Charta chap. 14. be in the Negative viz. Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti yet use hath reduced it into a certainty As also by the same Statute it appeareth that such Amercements should be assessed per pares suos but that it were troublesome to assemble Barons for so small a matter such Amercements in times past have been assessed by the Barons of the Exchequer who sometime were Barons of the Realm as is already taken notice of and so writeth Bracton lib. 3. tract cap. 1. fol. 116.8 Whereas by Statute 32 Hen. 8. cap. 16. it is enacted That the Subjects of this Realm shall not keep in their Houses or Families above the number of four Strangers born nevertheless by a Proviso in the same Act every Lord of the Parliament hath this
priviledge allowed unto him to keep in his Family the number of six born Strangers By the Statute 14 Hen. 8. cap. 13. a priviledge was granted to the Nobility according to their degrees concerning Apparel but because by a Statute made in the first of the King that now is chap. 15. all Laws and Statutes concerning Apparel are taken away Whereas by the Statute 2 Hen. 5. Parl. 2. cap. 1. it is ordained That the Justices of the Peace in every County named of the Quorum shall be resident in the Shires wherein they are Justices there is a Proviso whereby the Lords and Peers of the Realm named in such Commissions are excepted By the Statute 1 Edw. 6. cap. 12. amongst other things it is enacted That in all and every Case and Cases where any of the King's Subjects shall and may upon his prayer have the priviledge of the Clergy as a Clark Convict that may make purgation in all the Cases and every of them and also in all and every Cases of Felony wherein the priviledge or benefit of Clergy is taken away by this Statute wilful Murther and poysoning only excepted the Lords and Peers of the Realm having place and voice in Parliament shall by vertue of this Act of Common Grace upon his or their requests and prayer alledging that he is a Lord or Peer of this Realm claiming the benefit of this Act though he cannot read without burning in the Hand loss of Inheritance or corruption of Blood be adjudged taken and used for the first time only to all constructions intents and purposes as a Clark Convict which may make purgations without any other benefit of Clergy to any such Lord or Peer from thenceforth at any time after for any cause to be allowed adjudged or admitted any Law Custome Statute or other thing to the contrary notwithstanding By this Statute a Lord of the Parliament shall have the benefit of his Clergy where a common person shall not viz. for breaking open an House by day or night or for robbing any on the High-way and in all other Cases excepted saving in wilful Murther and Poysoning but in all other Cases wherein Clergy is taken away by any Statute made since the said Statute of 1 Edw. 6. he is in the same degree that a common and inferiour person but the Court will not give him the benefit of this Statute if he doth not require it If a Lord of the Parliament do confess his Offence upon his Arraignment or doth abjure or is Outlawed for Felony it seemeth that in these Cases he may have the benefit of this Statute viz. his Clergy for that by the Statute 18 Eliz. cap. 18. he nor any other need to make his purgation but shall be forthwith delivered out of Prison by the Justices By the Imperial Constitutions Nobiles non torquentur Nobiles non suspendentur sed decapitantur and so it is almost grown into a Custome of England by the favour of the Prince for it is rare to have a Nobleman executed in other form Yet Thomas Fines Lord Dacres of the South in the 23 th of Henry the Sixth and the Lord Sturton in the fourth of Queen Mary were hanged At the Common Law it was lawful for any man Noble or Ignoble to retain as many Chaplains as they pleased for their instruction in Religion But by a Statute made 21 Hen. 8. cap. 13. a restraint was made and a certain number only allowed the Nobility And such Chaplains for their attendance have Immunities as by the Statute at large may appear viz. every Archbishop and Duke may have six Chaplains whereof every one may have and purchase Licence of Dispensation and take receive and keep two Parsonages or Benefices with Cure of Souls and that every Marquiss and Earl may have five Chaplains every Viscount or other Bishop four Chaplains and every Baron and Knight of the Garter may have three Chaplains whereof every one of them may purchase License of Dispensation and take receive and keep two Benefices with Cure of Souls And forasmuch as the retaining of Chaplains by Lords and Peers of the Realm is ordinary and nevertheless some questions have been concerning the true understanding of the said Statute Law I think it not unnecessary to set down some subsequent Resolutions of the Judges touching some matters If a Bishop be translated to an Archbishoprick or a Baron be created an Earl yet in this case they can have but only so many Chaplains as an Archbishop or an Earl might have for although he hath divers Dignities yet he is still but one person to whom the attendance and service should be done So if a Baron be made a Knight of the Garter or Lord Warden of the Cinque Ports he shall have in all but three Chaplains sic de similibus And if such an Officer allowed by the Statute to have one two or more Chaplains do retain accordingly and after he is removed from his Office in this case he cannot be now Nonresident nor accept a second Benefice of his Complement which was not full before his removing and in that case it behoveth the Chaplain to procure a Non obstante otherwise he may be punished for his Nonresidence So if any Earl or Baron do retain a Chaplain and before his advancement his Lord is Attainted of Treason as it was in the Case of the Earl of Westmoreland after the said Attainder such a Chaplain cannot except a second Benefice for though his Lord be still living according to Nature yet after the Attainder he is a dead person by the Law and therefore out of the case to have priviledge for himself or for his Chaplains If a Baron have three Chaplains and every of them have two Benefices and after the Baron dieth they shall enjoy those Benefices with Cure which were lawfully settled in them before But in this case although the said Chaplains be resident upon one of his Benefices yet now he is become punishable for being resident upon the other for Cessante causa cessat effectus The same Law is if the Baron be attainted of Treason or Felony or if any Officer be removed from his Office sic de similibus So if a Lord do one time retain more Chaplains than are allowed by the Law the lawful number only shall have priviledge and in this case which of them be first promoted shall have priviledge and the rest are excluded for aequali jure melior est conditio possidentis If a Nobleman doth retain Chaplains above his number at several times if any of his Chaplains die the next that was retained shall not succeed for his first retainer was void and therefore in this case it behoveth him to have a new retaining after the death of the predecessor and before his advancement for quod ab initio non valet in tractu temporis non convalescit If a Noble person retain such a number of Chaplains as is by the law allowed him
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
then Countess of Killimeak in Ireland The Lady Dudley Dutchess of 〈…〉 The celebrated Beauties Barbara Villiers Dutchess of Cleaveland and Countess of Southampton and Louyse Rene Angelique de Carwell Dutchess of Portsmouth Countess of Petersfield c. Of Titles by Descent and Marriage there are Examples enough so that I need not trouble the Reader with any repetition I shall only set down some few general Observations not sufficiently discoursed of If a King's Daughter marry a Duke or an Earl illa â—emper dicitur Regalis by Law and Courtesie Noble women by descent Birthright or Creation remain Noble although they marry Husbands under that degree Also any Daughter of an Earl or Viscount that continues a Virgin or marrieth an Esquire yet she retaineth the Honour that sprung from her Parents and shall take place accordingly and be saluted by the Title of Lady If a Gentleman Knight or Peer marry a wife of ignoble Parents she shall enjoy the Title Name and Dignity of her Husband not only during his life but when she is a widow or afterwards married to an Ignoble person but this is by the Courtesie and not by the Law of the Realm Whereas on the contrary let a woman of Blood and Coat-Armour marry a Yeoman or Churle that is Ignoble and hath no Coat-Armour his Condition in point of Honour is in no respect advanced and she shall retain the Honour State and Dignity she was born unto Yet if she have iâ—â—ue by that Yeoman or Ignoble person she being an Heiress that Issue shall have liberty to bear her Coat but Sir Iohn Fern saith only for life and that on a Lozenge Shield with a difference of a Cinquefoil If a French Spanish or other woman Alien be married to a Peer of the Realm or to a Gentleman and be not denizened she is debarred all Priviledges and Titles due to her Husband nor can she claim any Dower or Joynture from him by the Laws of England Yet in some things our Laws are wonderful kind to the Female Sex especially procreandi causa As thus if a man and his wife separate for some fraud or private loathing of the Marriage Bed or the like and so continue for some years after which time the woman bringeth forth a Child which though got by another man and her Husband in all that time not having enjoyed her yet if he live in the Kingdom he must Father the Child and if before that time he had no Child that shall inherit his Lands if entailed or left without Will Also if a Wife be with Child when her Husband dieth and she marry another man before her delivery the latter Husband must own the Child which must be his Heir at Law if he were childless The Wives Dignities and Lands descend to her Heirs not to her Husband yet to encourage him to play the man the Courtesie of England is such that as the Wife hath the third part of his Estate in Lands for her Joynture during her life if a Widow so the Husband if he get his Wife with Child and that Child be heard to cry he shall enjoy all her Lands during his life The Wife can make no contract whatsoever that shall stand good in Law to the detriment of her Husband without his consent nor can she make a Will or dispose of what she hath whilst she is a Feme Covert â—he cannot be produced as a witness for or against her Husband nor shall she be accessory to his felonious acts although she receive the Goods or conceive the Fact if she be not personally an Actor therein Female Children are also by Law capable to give their consent to marriage at Seven years old and the Lord 's eldest Daughter is to have aid of his Tenants to marry her at that age though she may dissent from this Contract when she comes to Twelve but if at that Age she doth not dissent she is bound for life she may then make a Will and dispose of Goods and Chattels by it At Nine years of Age she is Dowable at Fourteen she might receive her Lands into her Hands and was then out of Wardship if she were Fourteen at the death of her Ancestor otherwise she was in Wardship till she accomplished Sixteen years and then she was free At One and twenty she is enabled to contract or alienate her Lands by Will or otherwise If there be no Son the Lands as well as Goods are equally divided amongst the Daughters who are Coheirs In ancient times Women amongst the Romans were thought worthy of enjoying peculiar favours and respect And out of their great love and honour to the Mother of Marcus Coriolanus for diverting his fury which he threatned the Citizens to their ruin for their ingratitude towards him the Citizens granted the Roman Dames the priviledge of wearing the Segmenta Aurea or Bordures of Gold and purple on their Garments They were also permitted to wear gold Ear-rings to have place on the way and in memorial of the said preservation there was erected a Temple dedicated to the Female Fortune Anne of Britain wife to Charles the Eighth of France as an ornamental Honour to several deserving Ladies instead of the Military Belt and Collar bestowed on them a Cordon or Lace and admonishing them to live chastly and devoutly and to put the greater esteem thereon the surrounded her Escocheon of Arms with the like Cordon from which Example it is now become the Custome for unmarried women to bear their Arms in form of a Lozenge which are commonly adorned with such a Cordon Ioseph Micheli Marquez for the further Honour of the Female Sex gives an Example of the Noble women of Tortosa in Aragon whom he calls Cavalleros or Knights For saith he Don Raymond last Earl of Barcellona who by right of his wife Petronilla sole Daughter and Heir to King Ramiro the Monk joyned his Principality to the Kingdom of Aragon having in the year 1149. taken from the Moors the City of Tortosa who in a few months after laid siege to the said City and reduced the Inhabitants to so great a strait that their intentions were of surrendring it up to the Moors but the women hearing thereof for the diverting their ruin put on mens Apparel and by a resolute Sally forced the Moors to raise the Seige And the Earl in acknowledgment of his thanks for this their Noble Act as a reward of Honour instituted an Order not much unlike a Military Order into which were admitted only those brave women and their Descendants The Badge which he assigned them was something like a Fryer's Capouch but of a crimson colour which they wore upon their Head-clothes Amongst the priviledges which this Earl granted them they were to be freed from all Taxes to have precedency of men in publick Meetings and that all the Iewels and Apparel of their deceased Husbands should be their own although of never so great value And these women having thus purchased this
Honour deported themselves after the manner of Military Knights of those days To look further back ancient Histories do take notice of the Amazons of old whose Fame in Arms is sufficiently known Although Noble women may not sit in Parliament in respect of their Sex yet they are in Law Peers of the Realm and all or most of the prerogatives before mentioned which to the Noblemen are belonging do appertain unto them But the Opinion of some men have been That a Countess Baronness and other women of great Estate cannot maintain an Action upon the Statute de Scandalis magnatum because the Statute 2 Rich. 2. speaketh but of Prelates Dukes Earls Barons and of the Chancellor Treasurer Privy Seal Steward of the King's Houshold and other Nobles great Officers of the Realm by which words they conceive that the meanings of the Makers of that Statute was only to provide in that case for Noblemen and not for Noble women Also if any of the King's Servants within the Check-Roll do conspire the death of any Noble woman it is not Felony within the compass of the Statute 3 Hen. 7. 18. Honourable women as before noted are of three sorts by Creation by Descent and by Marriage And the King may create any woman into any Title of Honour at his pleasure and the King by his Letters Patents openly read in Parliament without any other Investure did create Mary Fane Widow the sole Daughter of Baron of Aburgaveny Baronness de le Spencer Noble women by Descent are either those to whom the Lands holden by such Dignity do descend as Heir and they are said to be Honourable by Tenure or by whose worthy Ancestors to whom they were Heirs was seized of an Estate descendable to them in their Titles of Dukedoms Earldoms or Baronies or those whose Ancestors were summoned to Parliament for hereby also Inheritance doth accrew to their Posterities Noble women are also those who do take to their Husbands any Lord or Peer of the Realm although they themselves were not of any degree of Nobility Question and doubt hath been made Whether if a man be summoned to Parliament and afterwards die without Issue Male the Dignity and Title of Honour may descend to the Heir Female And many Arguments have been pro contra in that case which at this time I purposely omit because I have before discoursed thereof in the Chapter of Barons Concerning the Title of Honour descendable to the Heir Female by reason of a Tenure of her Ancestors there needs no more doubt to be made than of Offices of Honour the which do much support the publick wealth and being of Estate of Inheritance do descend to the Heir Female if there be no nearer Heir Male As the Office of High Constableship of England challenged in the time of Henry the Eighth by the Duke of Buckingham and adjudged by the Advise and Resolution of the Judges as by a note of that Case extant whereof Dyer in his Reports hath a memorial 205. b. Kelway the Sixth of Henry the Eighth 170. b. which descended to the Daughter of Humphrey de Bohune Earl of Hereford and Essex as before is declared The Office of the Lord Steward descended to Blaunch Daughter of Henry Earl of Lancaster in whose right Iohn of Gaunt her Husband enjoyed the same The like may be said of the Office of Earl-Marshal which descended by an Heir Female unto the House of Norfolk All which Offices are as unfit to be exercised by a Woman as for a Woman of Honour to be summoned to the Parliament And when a Title of Honour doth descend to a Woman if question in Law do arise between the said Noble woman and any other person whether she be of that Degree of Nobleness or no the Issue shall be tried by the Record thereof and by the King 's Writ it shall be certified and not by a Jury of twelve Men even as it should have been in case her Ancestor had been party Although the Laws of the Realm regularly do make all the Daughters where there are no Sons equally to inherit Lands and Tenements and to be but one Heir to their Ancestor yet it is not so in the descent of Dignity and Titles of Honour for Inheritances concerning matter of Honour being things in their nature participating of Superiority and Eminency are not partable amongst many and therefore must of necessity descend unto one and that is to the eldest Daughter Sister Aunt or Cosin Female and inheritable where there is no Heirs Males that may lawfully challenge the same And so in this point is the Civil Law Nevertheless there was a Judgment in the time of Henry the Third touching the descent of the Earldom of Chester after the death of the Earl who died without Issue his Sisters being his Heirs which Judgment was That the said Earldom should be divided amongst the said Copartners as the other Lands and that the eldest should not have it alone But this Judgment was holden Erroneous even in those times wherein it was given For Bracton a Learned Judge who lived in that Age writeth thereof treating of partition between Copartners lib. 2. Case 24. by which it is evident That Baronies and Dignities of Honour do by the Laws of this Realm descend unto the eldest Copartner and the Judgment given once to the contrary thereof Bracton doth rightly account to be unjust His Reason is notable Forasmuch as the Honour of the Chivalry of this Realm doth chiefly consist in the Nobility Reason would not that such Dignity should be divided amongst Copartners whereby through multitude of partitions the reputation of Honour in such Succession and so divided might be impaired or the strenght of the Realm being drawn into many hands with decrease of livelyhood by such partition should be infeebled In which Resolution Britton the Learned Bishop of Hereford who compiled his Book of the Laws of this Realm by the Commandment and in the Name of Edward the First accordeth Britton 187. And therefore howsoever the Judgment was given or whensoever it is nevertheless very evident that it was soon redressed For if it were given upon the death of Ralph the last of that Name Earl of Chester who died about the Seventh of Henry the Third without Issue the Writers of that time do testifie that the Earldom of Chester came wholly unto Iohn Scott the Son of David Earl of Huntington and Auguish and Maud the eldest Sisters of the said Ralph if it were given upon the death of the said Iohn Scott who died about the Four and twentieth of Henry the Third without Issue yet notwithstanding the said Judgment stood in force for that the said King assumed the Earldom into his own Hands upon other satisfaction made to the said Sisters Copartners of the said Iohn Scottâ— Ne tanta haereditas inter colos deduceretur Matth. Paris Monaster Sancti Allane in Crompton fol. 366. b. Nevertheless you may read in this Treatise of
Heraldry written by Iohn Guillim about fol. 18. That Sisters are allowed no differences of Badges in their Coat-Armour by reason that by them the name of the House cannot be preserved but are admitted to the Inheritance equally and are adjudged but one Heir to all intents and purposes whatsoever And the knowledge of this point in these days is worthy to be enquired into for this is to be observed out of Presidents and to be acknowledged of every dutiful Subject that the King can advance to Honour whom he pleaseth And therefore whereas Radulph Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest married unto Sir Thomas Nevill Knight and Ioan the younger married to Sir Humphrey Bowcher who was called to Parliament as Lord Cromwell and not the said Sir Thomas Nevill who married the eldest Sister And Hugh Lupus the first and greatest Earl of Chester Habendum sibi haeredibus adeo libere per gladium sicut iple Rex tenuit Angliam per tenorem Hugh died without Issue and the Inheritance of his Earldom was divided amongst his four Sisters and the eldest had not the Seigniory entire unto herself If a Woman be Noble by Birth or Descent with whomsoever she doth marry although her Husband be under her Degree yet she doth remain Noble for Birth-right est Character indelebilis Other Women are enobled by Marriage and the Text saith thus viz. Women ennobled with the Honour of their Husbands and with the Kindred of their Husbands we worship them in the Court we decree matters to pass in the Names of their Husbands and into the House and Surname of their Husbands do we translate them But if afterwards a Woman do marry with a Man of a baser Degree then she loseth her former Dignity and followeth the condition of her latter Husband And concerning the second disparaged Marriage as aforesaid many other Books of the Law do agree for these be Rules conceived in those Cases Si mulier nobilis nupserit ignobili desinit esse nobilis eodem modo quo quid constituitur dissolvitur It was the Case of Ralph Howard Esq who took to Wife Anne the widow of the Lord Powes they brought an Action against the Duke of Suffolk by the Name of Ralph Howard Esq and the Lady Anne Powes his Wife and exception was taken for mis-naming of her because she ought to have been named of her Husband's Name and not otherwise and the Exception was by the Court allowed For said they by the Law of God she is Sub potestate viri and by our Law her Name of Dignity shall be changed according to the Degrees of her Husband notwithstanding the Courtesie of the Ladies of Honour and Court Dyer 79. And the like is also in Queen Maries Reign when the Dutchess of Suffolk took to her Husband Adrian Brook Title Brief 54. 6. And many other Presidents have been of later times And herewith agreeth the Civil Law Digest lib. 1. title q. lege 1. In this Case of acquired Nobility by marriage if question in Law be whereupon an Issue is taken between the Parties that is to say Dutchesses are not Dutchesses Countesses are not Countesses and Baronesses are not Baronesses the Trial whereof shall not be by Record as in the former Case but by a Jury of Twelve men and the reason of the diversity is because in this Case the Dignity is accrued unto her by her Marriage which the Lawyers term Matter in Fact and not by any Record But a Noble Woman by marriage though she take to her second Husband a man of mean Degree yet she may keep two Chaplains according to the Proviso in the Statute of 11. Hen. 8. Case 13. for and in respect of the Honour which once she had viz. at the time of the Retainer And every such Chaplain may purchase Licence and Dispensation c. And Chaplains may not be Non-residents afterwards And forasmuch as the retaining of Chaplains by Ladies of great Estate is ordinary and nevertheless some questions in Law have been concerning the true understanding of the said Statute Law I think it not impertinent to set down subsequent Resolutions of the Judges touching such matters So long as the Wife of a Duke is called Dutchess or of an Earl a Countess and have the fruition of the Honour appertaining to their Estate with kneeling tasting serving so long shall a Baron's Widow be saluted Lady as is also a Knight's Wife by the courtesie of England quamdiâ— matrimonium aut viduitas uxoris durant except she happen to clope with an Adulterer for as the Laws of this Kingdom do adjudge that a Woman shall lose her Dowry in that as unto Lands Tenements and Justice so doth the Laws of Gentry and Nobleness give Sentence against such a Woman advanced to Titles of Dignity by the Husband to be unworthy to enjoy the same when she putting her Husband out of her mind subjects her self unto another If a Lady which is married come through the Forest she shall not take any thing but a Dutchess Marchioness or Countess shall have advantage of the Statute de Charta Forest. 12 Artic. during the time that she is unmarried This is a Rule in the Civil Law Si filia Regis nubat alicui Duci vel Comiti ducetur tamen semper regalis As amongst Noble Women there is a difference of Degrees so according to their distinct Excellencies the Law doth give special priviledges as followeth By the Statute 25 Edw. 3. cap. 1. it is High Treason to compass or imagine the death of the Queen or to violate the King's Companion The King's Response is a sole person except by the Common Law and she may purchase in Feesimple or make Leases or Grants with the King she may plead and be impleaded which no other married Woman can do without her Husband All Acts of Parliament for any cause which any way may concern the Queen are such Statutes whereof the Judges ought to take Recognizances as of general Statutes though the matter doth only concern the capacity of the Queen yet it doth also concern all the Subjects of the Realm for every Subject hath interest in the King and none of his Subjects within his Laws are divided from the King who is Head and Sovereign so that his business concerns all the Realm and as the Realm hath interest in the King so and for the same Reason is the Queen being his Wife A man seized of divers Lands in Fee holden by Knight's Service some by Priority that is by ancient Feoffment holden of others and some other part holden of the King in posteriority the King granteth his Seigniory to the Queen during her life and afterwards the Tenant dieth his Son within Age in this case he shall have the Wardship of the Body and have the Prerogative even as the King himself should have had The Queen Consort or Dowager shall not be amerced if she be Nonsuited
it goeth by Seniority The Opinion of some men lately hath been That Knights Lieutenants that is to say such Knights as either have been Ambassadors in Foreign Parts or Judges within the Realm may and ought to have during their lives precedency above men of their own rank after their Offices expire and sub Iudice his est not determined by Judgment But admitting it so to be by way of Argument in that case yet the Heralds do deny that priviledge to the Lord Mayor and Aldermen of London or Justices of the Peace who have their limited Jurisdiction of Magistracy confined them but the former are generally Magistrates throughout the Realm and their employment concerneth the whole Commonwealth and having the publick Justice and Honour of the whole Estate committed unto them do more meritoriously draw from thence a great respect of Honour according to the generality of their Administration and Employments which an inferiour and more conâ—â—ned Magistrate cannot have The name of a Knight is a name of Dignity and a Degree as is the name of Duke Earl c. and in all Actions he shall be slyled Knight otherwise the Writ shall abate A Knight also must be named by both his Chriâ—tian and Surnames as Sir A. B. Knight But those Degrees honourable that are made by Patent may be named only by their Christian Names and by their Title of Honour as Gilbert Earl of Shrewsbury and that for two causes First because of their solemn Creations nomen dicitur à noscendo Secondly there is but one part of that Title of Honour within England and therefore it is certain what person he is but otherwise of Knights as it is certainly known in the 8 Edw. 4.24 a. And Prisot Chief Justice saith in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight he loseth his Name of Esquire but though a Knight be made a Nobleman or of any higher Degree he doth still retain the name of Knight and so ought to be styled in all Writs Also if a man do recover in an Action by the Name of Iohn Stiles Esq and afterwards be made a Knight he must sue his Scire Facias by the Name of Knight And this name shall not die with him for if they were bound in an Obligation by the Name of Gentlemen or Esquires and afterwards one is made a Knight and dieth the Plaintiff in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate If a Grant be made to H. D Knight when he is not a Knight it is a void Grant but if it be a Feoffment with Livery the Livery maketh it good If the Plaintiff or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiff may not have another Writ by Iourneys accompt But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted That albeit any person or persons being Justices of Assize Justices of Goal-delivery or Justices of the Peace within any of the King's Dominions or by any other of the King's Commissions whatsoever shall have the fortune to be made or created Duke Archbishop Marquess Earl Viscount Bishop Baron Knight Justice of the one Bench or of the other Serjeant at Law or Sheriff yet that notwithstanding he and they shall remain Justices and Commissioners and have full power and authority to execute the same in like manner and form as he or they might or ought to have done before the same By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth That every Writ Original of Actions personal Appeals and Indictments and in which an Exigit shall be awarded to the names of the Defendants in such Writs Oginal Appeals and Indictments shall be made the Additions of their Estate Degrees c. And a little after it is provided That if the said Writs of Actions Personal be not accordding to the Record and Deed by the Surplusage of the Additions aforesaid that for this cause they are not Iohn Sâ—iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight the Bond is forfeited W. B. by his Attorney draweth a Note or Title for an Original according to the Defendants Degree although it varies from the Original Specialty as it ought to be made by the Statute But the Cursitor mistaking did make the Original only according to such Addition as was specified in the Obligation omitting his Degree or Dignity and the Entry of the Capias alias pluris was according to the said Original But in the Exigit and Proclamation and Entry of it the Defendant was named according to his Degree of Dignity upon a Writ of Error after a Judgment doubt was If this might be amended in another Court than where the Original was mâde and at the last it was resolved by all the Court That the Record should be amended by the Cursitor and made according to the Note and Title delivered unto him by the Attorney It appeareth in our Books of Law that the highest and lowest Dignities are universal for as if a King of a Foreign Nation come into England by his Majestie 's leave as it ought to be in this case he shall sue and be sued by the Name of a King So shall a Knight sue or he sued by the name of a Knight wheresoever he received that Degree of Honour But otherwise it is as if a Duke Marquess Earl or other Title of Honour given by any Foreign King or Emperor yea although the King by his Letters Patents of safe Conduct do name him Duke or by what other Foreign Title of Dignity he hath For Experience teacheth that Kings joyned in League together by a certain mutual and as it were a natural power of Monarchs according to the Law of Nations have admitted one anothers Servants Subjects and Ambassadors graced with the Title of Knighthood Therefore though a Knight receive his Dignity of a Foreign Prince he is so to be stiled in all Legal Proceedings within England And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands thinking that it was more honourable to take Arms of some other leâ—t affection might seem to prevent Judgment when the Father gave them that Honour Thus our King Henry the Second sent unto David King of Scots and Malcombe King of Scots unto our Henry the Second and our Edward the First unto the King of Castile to take of them Military Arms For these terms and phrases they used in that Age for the Creation of a Knight And Knights in all Foreign Countries have ever place and precedency according to their Seniority of being Knighted which priviledge is denied to Noblemen for be they never so ancient in Foreign Countries they shall go below as Puisnes The Degree of Knighthood is not only a Dignity and Honour
to the party for so it is termed in Brook's Title Additions 44. but an Honour to the Kingdom And therefore it hath been an ancient Prerogative of the Kings of this Realm at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine But we see by Experience in these days that none are compelled thereunto and that is the reason wherefore if the Plaintiff be Knighted having the Writ it shall abate because he hath changed his name and that by his own Act. And for that cause also by the Common Law not only the King but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight And all Lands are subject to these Aids except only ancient Demesne and grand and petty Serjeanty-Tenures as the Law hath â—een anciently delivered And in Io. Shelden 131. where also it is said one that wrote a little after the Statute of Westminster the first allows as a good barr to the Avowry for the Tenant to plead that the Father himself is no Knight so that one not Knighted cannot claim this Ayd of his Tenants Briâ—an cap. de prices de avers And it was at the liberty of the Lord to make more or less of his Tenants by the Common Law in this Case but by the Statute of Westminster the first Chap. 35. it is put in contrary viz. forasmuch as before this time reasonable Aid to make ones Son Knight or to marry his Daughter was never put in certain nor how much should be taken nor at what time whereby some levied unreasonable Aid and more often than seemed necessary whereby the people were sore grieved It is provided that from henceforth of a whole Knight's Fee there be taken but Twenty shillings and of Twenty pounds in Land holden in Soccage Twenty shillings and of more more and of less less after that rate And that none shall levy such Aid to make his Son a Knight until his Son be of fifteen years old nor to marry his Daughter until she be of the Age of seven years And of that there shall be mention made in the King's Writs formed on the same when any will demand it And if it happen that the Father after he hath levied such Aid of his Tenants die before he hath married his Daughter the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid And if the Father's Goods be not sufficient his Heir shall be charged therewith unto the Daugher And this Aid is so incident that although the Lord do confirm unto the Tenant to hold by Fealty and certain Rent and release unto him all other Services and Demands yet shall he have the Aid to make his eldest Son a Knight But the King was not bound by the Statute aforementioned because the King was not named in the Statute Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value The intention of the Law is That an Heir until the Age of One and twenty years is not able to do Knights Service But such a presumption of Law doth give place to a Judgment of proof to the contrary as Bracton saith Sâ—abitur presumptioni donec probetur in contrarium And therefore when the King who is the Sovereign Judge of all Chivalry hath dubbed him a Knight he by this hath adjudged him able to do him Knight's Service and all men are concluded to say the contrary to it And therefore such an Heir being made a Knight either in the life time of his Father or afterwards during his minority shall be out of Ward and Custody both for his Land and Body and marriage by the Award of the ancient Common Law By reason also that the Honour of Knighthood is so great that it is not to be holden under by any yet if the King do create such an Heir within Age a Duke Marquess Earl Viscount or â—aron by this he shall not be out of Ward and Custody both for his Land and Body And therefore it is propounded by the Statute of Magna Charta chap. 3. Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in Custodia Dominorum suorum So that although such an Heir within Age be made Knight and thereby to this purpose is esteemed as of full Age yet the Land shall remain in Custody of the Lord till his Age of One and twenty years by the purview of the said Act. Question If the Son and Heir of the Tenant of the King by Knights Service c. be made Knight in Paris by the French King whether he shall be out of Wardship after the death of his Father or no for thereby he is a Knight in England Coke's seventh part b. 2 Edw. 4. fol. tamen vide in Coke's sixth part 74. b. mention is only made of Knights made by the King himself or by his Lieutenant in Ireland But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor and after the death of his Ancestor the said Heir being within Age shall in this Case be out of Ward and shall pay no value for his marriage neither shall the Lord have the Custody of the Land for in that Case by the making of him Knight in the life of his Ancestor he is made of full Age so that when his Ancestor dieth no interest either in the Body or in the Land shall invest in the Lord but the Knight may tender his Livery as if he were of full Age And in that case the King shall have primier Seisin as if he had been One and twenty years of Age at the time of the death of his Ancestor and not otherwise For the Statute of Magna Charta doth not extend unto it for the purview of it doth extend only when the Heir in Ward infra aetatem is made Knight then remanet terra in Custodia c. But when the Heir is made Knight in the life of his Ancestor then the Custody cannot remain which never had any inception or essence Also when the Heir after the death of his Ancestor within Age is made Knight if after tender made to him he within Age do marry elsewhere yet he shall not pay the forfeiture of his marriage for by the making him Knight he is out of Ward and Custody of his Lord for then he ought to be sui Iuris and may imploy himself in feats of Arms for defence of the Realm c. and therefore may not be within the Custody of another and none shall pay any forfeiture but when after any refusal he doth marry himself during the time when he is under the custody and keeping of his Lord And this doth appear by the Statute of Merton chap. 6. Si se mariturierit sine licentia
Domini sui ei conferet maritagium suum c. which words cannot be understood when he is out of Ward and Custody no more than when he is married after the Age of One and twenty years Note hereby that the King may prevent his Grantee or other Lords of the double value by Knighthood Yet in such case presently after the Heir is made a Knight after the death of his Ancestor the Lord may have a Writ de valore maritagii for the single Also by the ancient Common Law of this Realm if a Villain be made a Knight he is immediately infranchised And if a Ribald or a man of base birth and condition had struck a Knight by the ancient Law he should have lost his hand wherewith he offended But in France it was anciently adjudged that when the Lord of a Villain had Knighted his Villain being a Gentleman he became free and had his Honour lawâ—ully but if another Lord had Knighted him nothing had been wrought by it for none could manumit him but his Lord and till Manumission or Knighthood he had civil freedom for his ground but was not capable of it except by the King only It was enacted by Parliament in the sixth year of the Reign of King Iohn in haec verba Rex Vicecom c. Sciatis quod consensum est cum assensu Archiepiscoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis armis ad defensionem Regni nostri There hath ever been and still is great use of the Services of Knights even in Civil Affairs and concerning matters of Justice as in a Writ of Right which is the highest Writ in Law for trial of Titles touching the Inheritance of Lands the Tenant is at his Election to have his Trial by great Assize or else by Battel if by the great Assize the Writ De magna Assiza eligenda shall be thus viz. Rex Vicecomiti salutem c. Summone as per bonos summonitores quatuor legales Milites de Comitatu tuo quod sint coram Iusticiariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sacramentum suum 12 de militibus de visum de N. qui melius sciant velint dicere veritatem adfaciendam recognitionem magnae assurae inter A. petent B. tenent de uno messuagio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram petit recognitionem fieri utrum eorum habent jus in messuagium praed B. qui tunc sit ibi auditurus illam electionem habeas ibi nomina praed milit ad hoc breve c. And upon the Return of this Writ those four Knights must appear gladiis cuncti Dier 79. fol. 103. If the Tenant make his Election by Battel each parties are to choose their Champions and the Court shall award the Battel and the Champions shall be at Mainprize and sworn to perform the Battel at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain Ground there quadrant that is to say every way sixty foot square and the Place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Clothes which belong to their Court at Westminster and a Barr shall be there made for the Serjeants at Law and the Robes of the Justices and Serjeants shall be of Scarlet with their Coifs on as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes And the Demandant first was solemnly demanded and did not appear whereupon the Manuperors of the Champion were demanded to bring forth the Champion of the Demandant who came into the place apparelled with red Sandals upon his black Armour bare legged from the Knee downwards and bare headed and bare Arms to the Elbows being brought in by a Knight namely Sir Ierom Bowes who carried a red Battoon of an ell long tipped with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists until they came to the midst of the Lists and then came towards the Barr before the Justices with three solemn Congies and there was he made to stand on the South side of the place being the right side of the Court And after that the other Champion was brought in in like manner at the South side of the Lists with like Congies by the hands of Sir Henry Chequie Kt. c. and was placed on the North side of the Barr and two Serjeants being of the Counsel of each part in the midst between them This done the Demandant was solemnly called again and appeared not but made default Bowham Serjeant for the Tenant prayed the Court to record the Nonsuit quod factum fuit And then Dyer Chief Justice reciting the Writ and Content and Issue joyned upon the Battel and the other of the Champions to perform it and the prefiction of this day and place did give final Judgment against the Demandant and that the Tenant should have the Land to him and to his Heirs for ever and the Demandant and his Pledges de prosequendo in misericordia Reginae And afterwards solemn Proclamation was made that the Champions and all others there present which were by estimation above Four thousand persons might depart every man in the peace of God and the Queen sic fecerunt cum magno clamore vivat Regina Also if false Judgment be given in the Country which is the Sheriffs Court then the Writ shall be thus Henricus c. Vicecomiti Lincoln salutem Si A. fecerit c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem Will B. tenentem de uno messuagio centum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fuisse Iudicium in eodem Record illud habeas coram Iusticiariis Iuris apud Westminsterium tali die sub sigillo tuo per quatuor legales Milites ejusdem comitatus illos qui Recordo illi interfuerunt summoneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum illud habeas ibi sua nomina quatuor militum hoc breve Fitz. Nat. Brev. itidem E. And those four must be Knights indeed Also the Justices upon consideration of the usual words in every Writ of Venire Facias Coram c. Duodecim tum Milites quam alios liberos legales homines c. say that these words tum Milites were not at the first put into the Writ without effect Plowden 117. b. For it seemeth that in diebus
A. 1351. they came to an Agreement and shortly after with the consent of Pope Clement the Sixth the Queen and Lewis Prince of Tarentum were crowned King and Queen of that Kingdom And in commemoration of so happy a Union the Prince instituted this Order into which were enrolled Seventy of the noblest Lords in Naples together with some Strangers Their Habit appointed them was a white Garment and their Ensign was a Knot intermixed with Gold But this Order expired soon after the death of the Founder Knights of the Argonauts of St. Nicholas in Naples THIS Order was instituted in Anno 1382. by Charles the Third King of Naples for the advancement of Navigation which was much wanting amongst the Neopolitans but others say it was erected for the preserving of Amity amongst the Nobles who were the Persons that were inveâ—â—ed with the said Honour Their Ensign appointed them by the said King was a Ship toâ—â—ed in a Storm with this Motto Non credo tempori Their Habit was a white Garment and their great Feast was held in the Convent of that stately Church built by St. Nicholas Bishop of Smyrna But by reason of the King 's not settling a Revenue thereon upon his death it became disused Knights of the Ermyn in Naples FErdinand the First King of Naples having ended the War which he had against Iohn of Lorain Duke of Calabria his Brother in Law Marinus Marcianus Duke of Sessa and Prince of Rosiano had raised a Confederacy against him and intended to kill him when they were together by which means the Kingdom might be transferred to the Duke of Calabria But this Plot being discovered and the Duke apprehended instead of causing him to be executed the King elected him one of this Order and also admitted thereunto all the Nobles of his Kingdom The Collar with which they were invested was of Gold intermixed with mud or dirt to which hung an Ermyn with this Motto Malo mori quam foedari DEGREES OF KNIGHTHOOD IN SAVOY Knights of the Annunciation THIS Order was instituted in the Year 1362. by Amedeo the Sixth Earl of Savoy Surnamed Il Verde in memory of Amedeo the first Earl thereof who having valorously defended the Isle of Rhodes against the Turks won those Arms which are now born by the Dukes of Savoy viz. Gules a Cross Argent The Collar belonging to this Order is of Gold on which are these Letters Engraven F. E. R. T. which signifie Fortitudo ejus Rhodum tenuit and to this Collar hangeth a Tablet wherein is the figure of the Annunciation which is their daily Badge which they wear about their Shoulders This Order at first consisted of Fifteen of which the Founder was the Sovereign which number was afterwards enlarged The Church where the Ceremonies were observed and the Chapters held by the Sovereign and the Knights was first at Pierre Chastle which afterwards removed to Montmeillar and thence to the Hermitage of Camaldule seated upon the Mountain of of Turin Their Habit is now a purple Mantle seeded with Roses and Flames in embroidery of Gold and Silver bordered with the Symbols of the Order fringed with Gold and lined with Cloth of Silver and tissued blew under which instead of a Surcoat is worn a white Satin Suit embroidered with Silk and the Breeches like Trouses half way their Thighs In the said Church were entertained Fifteen Priests who were to say Fifteen Masses daily to the honour of the fifteen Joyes of the blessed Virgin to the Souls health of him his Predecessors and all who have been were or should hereafter be Knights of this Order Amongst the Orders by them observed every Knight at his death was to give to the maintenance of the Church One hundred Florins which was to be paid to the Prior for the time being That at the death of any of the Knights the rest should assemble themselves to bury the dead in an honourable order and every Knight to wear a white Gown and so make his Offering each bringing with him four Wax Torches weighing One hundred pound and afterwards for Nine days to apparel themselves in mourning And that every Knight at his burial should give unto the Church a Collar a Banner his Armour and Coat of Arms all which to be offered at the day of Entertainment at the Church in memory of the deceased Knights of St. Maurice AMadis the eighth Duke of Savoy with ten of his Court Knights retired themselves to the Desart of Ripaille near the Lake of Geneva where they led a Solitary and Hermetical Life And in the Year 1434. as well to honour St. Maurice the titular Saint and Patron of Savoy as of his Launce or Sword and Ring which as a Pledge of Dominion are delivered to them with great Solemnity at their Inauguration This Order was instituted and was made subject to the Rule of St. Augustine The Habit assigned them was an Ash-colour or grey Gown and Chaperon with Sleeves faced with red Chamlet also a Vest of the same girded about them with a golden Girdle and on the Breast of the Mantle a white Cross pommette of Cloth or Taffaty About Nine years after the Papal See being void by the Deposition of Pope Eugenius the Fourth this Duke for his devout Life was elected Pope â— which with much perswasions he accepted of But he had not been in it above Nine years but he resigned the Chair to Pope Nicholas the Fourth and retired again to a Solitary Life at Ripaille where he ended his days in Anno 1451. and was interred in the Cathedral of Lausanna Knights of St. Maurice and St. Lazarus THese two Orders were erected by Emanuel Philibert Duke of Savoy in Anno 1572. and at the request of the said Duke were confirmed and united into one Order by Pope Gregory the Thirteenth who constituted the said Duke and his Successors Dukes of Savoy Grand Masters thereof obliging them to set out two Gallies for the Service of the Papal See against the Turkish Pirats Their Ensign is a green Cross of St. Lazarus charged with a white Cross of St. Maurice which they wear either tied to a gold Chain or a Ribon Their Habit is a Gown of crimson Tabby with a long Train wide Sleeves and edged about with white Taffaty and a Cordon with a Tassel of white and green fixt to the Collar thereof A DEGREE OF KNIGHTHOOD IN SWITZERLAND CALLED Knights of the Bear THE Emperor Frederick the Second going in Pilgrimage to the Abbey of St. Gall in Anno 1213. gave great Priviledges in acknowledgment of their Assistance in pulling down the Emperor Otho and establishing himself and erected this Order of Knighthood which he conferred on several Noblemen which Annually met at the Abbey of St. Gall on the Sixteenth of October where all new Knights were to receive the Order from the Abbot the Patron thereof on which day such as were to be admitted into the Fraternity were girded with a Military Belt the Sword being
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
â— Erasmus is now maried to Mary daughter of Hugh Hare Baron of Coleâ—â—â— in Ireland 〈◊〉 the Lady Lucy Mountague daughter of Hen Earle oâ—â—â—â—chester L d 〈◊〉 Coll Robert Werden of Chester Comptroler to his Royall Highness Iames Duke of York and first Leiutenant and Major of his Guards first maried to Iane daughter of Edw Barnham of Cock hall in Kent Esq r and now to Margaret daughter and heyre of Will Towse of Bassingburn hall in Essex Esq. Humphrey Weld of Lulworth Castle in Dorsetshire Esq r Governor of his Ma â—ys Isle and Castles of Portland and Sandes foot lineally desended from Edricke Sylvaticus alias Wildâ— a Saxon of great renowne in the reignes of K. Herold and Will the Conquerorâ—whose father Alfrick was brother to Edricke of Stratton Duke of Merciaâ— wch sd. Humprey is now Maried to Clara daughter of the Rt. honble Thâ—â— Ld. Arundel of Warden Court of the Empire Colâ— Thomas Sackevile of Selscombe in Sussex a Person of great Loyalty being one that served his late maty in all his expeditions and was one of the Captaines of his life guards in the begining of the late warrs He is now maried to Margaret daughter of 〈◊〉 Henry Compton of Brambletye in Sussex K â— of the Bath and Uncle to the late Earle of Northampton Phillip Doughty of Eashere in the County of Surrey Esq descended from an English Saxon family of ye. Dohags who were here Sealed before the Conguest Skynner Byde Esqr. eldest sonn of Sr. Thomas Byde of Ware Park in the County of Hertford Knight now maried to Anne daughter of Tho Austen of Hoxton in Middlesex Esqr. Captaine Iohn Huitson of Clâ—asbey in the County of York one of the Captaines of the Couldstrem Regiment of foot guards to his maty King Charles the second now maried to Martha daughter of Sr. William-Cooper of Ratling Court in Kent Baronet Thomas Tomlins of St. Leonards Bromley in Midd. sx Esq r first maried to Ann daughter of Captaine Will Goodladd of Lee in Essex 2dly to Eliz daughter of Ric Swinglehurst of London Merchant 3dly to Eliz daughter of Reynolds of East Grenwich in Kent Esq r now to Susanna daughter of Geo Cranmer of Canterbury in Kent afore sd Merchant Nicholas Barbon of London M.D. one of the Colledge of Phisitians of the S â— Citty now maried to Margaret daughter of Iohn Hayes of Hadley in Midd sx Esqr. Beaumont Dixie of Bosworth in the County of Leicester Esqsr. sonn and heyre of Sr. Wolstan Dixie of Bosworth aforesaid Bart. now maried to Mary sister and heyre to Sr. William Willoughby of Willoughby in Nottinghamshire Bart. deceased Richard Winwood of Ditton Park and Quainton in the County of Bucks Esqsrâ— sonn and heyre of the Rt. honble Sr. Ralph Winwood Knightâ— Embassador Ledger to â—he States of the united Provinces and principall secretary of state to King Iames. Edward Peck of Samford Hall in the County of Essex sergeant 〈◊〉 Law to his maty King Charles the 2â— sonn and heyre of Will Peck of Metâ—â—â—â—old in the County of Norfolk Esqsr. and intermâ—ried w â— Graâ—e one of the daugâ—â—â—ers â—â—d CoheyrÌ„s of Will Green of East Barnet in Hartfordshire Esqs â— William Peck of Samford hall in the County of Essex Esqs â— sonn and â—eyre of Edw. Peck sergeant at Law and is now maried to Gartrude sole daughter and heyre of Sr. Willâ— Grâ—en of Mitcham in the County of Surry Bart. Iustinian Pagit of Grais Inn in Com Middz Esqss. Cristos Brâ—ium et Recordorum Banco Regis Ioseph Micklethwaite of Swyne in Holderness in the County of York ' Esqs s William Mountagu Esqss. son heyre to the honble William Mountagu Lord cheife Baron of his matys Court of Exchequer maried to Ann Sole daughâ—â—â—â— heyre of Ric Evelyn of Woodcot in the County of Surreyâ— Esqss. Thomas Robinson of the Inner Temple Londoâ— Esqss. cheife Prothonotary of his matys Court of Comon Pleas. Francis Diue of Bromham in the County of Bedford Esq son heirè of Sr Lewis Diue of the said place Kt. now maried to Theophila Daughter of the Right Reverend Father in God Iohn Hackett late Lord Bishop of Litchfeild and Couentry Owen Feltham of Greys Inn in ye. County of Middlesex Esq r now maried to Mary one of ye. Daughters Coheires of Alexander Portree of Barnstaâ—le in Devonshire Esqâ— Francis Wythens of Eltham in the County of Kent Esq one of ye. society of the Middle Temple London Iames Hoare of Edmonton in the County of Middlesex Esq and one of the society of ye. Middle Temple London Thomas Foley of Kidderminster in Worcestersh Esq eldest son of Thomas Foley of Witley Court in Worcestersh Esq now maried to Elizabeth Daughter of Edward Ash of Halsted in the County of Kent Esq. Paul Foley of Stoakâ— Court in the County of Hereford Esq. second sonn of Tho Foley of Witley Court in Worcester shire now maried to Mary daughter of Iohn Lane of ye. Citty of London Esq. Phillip Foley of Prestwood in the County of Stafford Esq third son of Tho Foley of Witley Court in Worcestershire Esq now maried to Penelope daughter of the Rt. honble Wm. Ld. Pagett Baron of Beaâ—desert Tollemach Duke of Lincolns Inn in Middlesex Esq Exigenter for London ct. in the Court of Common pleas sonn heyre of Dr. Edward Duke of HoningtoÌ„ in Suffolk by Eliz his wife onely daughter of Robert 2d son of Sr. Lionel Tollemach of Bently Helmingham in the Sd. County â—ar â— linealy descended in a direct male line from ye. antient family of the Dukes of Brampton Shadingfeild in the Sd. Counâ—y of late Barts Thomaâ— Walker of yâ— Inner Temple London Esqs s som time Comptroller of yâ— S â— society son of Thomas Walker of Warwicâ—shire Esqss. who is descended from an antient family of that name in Leicestershire wch Sd. Tho the bearer hereof is now maried to Elizabeth daughter Coheyâ—e of Hoo Games of Newton in Brecknockshir Esqs â— of wch Sd. familys see more in the body of thâ— Book Sâ—ction chapter Iohn Bennet of â—bington in the County of Cambridge Esqss. Iohn Lewkenor of West Deane in Sussex Esqs s son and heyre of Sr. Iohn Lewkenor Kt. of yâ— Bath deceased by Ann daughter and Coheyre of George Myn of Myn in Shropshir Esqs s decended from the antient family of the Lewkeâ—ors Thomas Coxe M.D. Physitian in ordinary to his maty King Charles the 2d. William Thompson of the Middle Temple London Esq noâ— maried to Mary Sole daughter of Iohn Stephens of Broadway in Worcestershire Gent. William Atwood of Bromfeild in Essex and Grais Inn in Middlesex Esq son and heyre of Iohn Atwood Esq desceased by Elizabeth daughter and Coheyre of Patrick Young Esq son of Sr. Peter Young K â— Abnoner and privy Councellor of Scotland to King Iames. Thomaâ— Plott Esq secretary to his Highness the Great Duke of Tuscany descended of the family of the Plotts of Sparsholt in Berkshire Iohn Warner of
slighted unless he be sufficiently qualified by Birth Parts or other generous Accomplishments or are Knights of the Field who are never abridged of their merited Honour being acquired according to the original Institution of that Degree amongst all Nations And we see our Parliament men our Sheriffs Justices of the Peace and the Honourable Commanders and Captains of Cavalry and Infantry for the most Esquires at their first Election By the Statute 23 Hen. 6. cap. 15. the Knights of the Shires shall be notable Knights or else notable Esquires or Gentlemen born in the same Counties for which they are chosen See the Statute for the preservation of the Game 22 and 23 Car. 2. by which and many other Statutes they are equally priviledged with Knights and other persons of higher Degree To represent therefore an Esquire as now defined is no easie task but according to the ancient Rule I take him for a Foot-Commander The Atchievement of an Esquire differs from the Knight Batchelors only in the Helmet as you may here observe I shall also give you other Examples of Esquires and amongst the rest the Atchievement of my Honoured Friend Robert Logan vulgarly written Login Son and Heir to Iohn Logan Lord of the Mannor of Idbury in Oxfordshire who was of the ancient House of Restalridge in Scotland unfortunately ruined for their Loyalty to Mary Queen of Scots He succeeded his Father at Idbury was High Sheriff of the County a man eminent for his Virtue and Learning amongst whose prayers this Manuscript was found exemplar in his life for Charity and Conversation THE DEFINITION OR DESCRIPTION OF THE GENTRY OR Civil Nobility OF ENGLAND CHAP. XXVI GEntleman Generosus seemeth to be made of two words the one French Gentil honestus vel honesta parente natus the other Saxon Man as if you would say a man well born And under this name are all comprized that are above Yeomen and Artificers so that Nobles are truly called Gentlemen By the Course and Custome of England Nobility is either Major or Minor Major contains all Titles and Degrees from Knighthood upwards Minor all from Barons downwards Mr. William Mainstone Alias Mayneston of ye. Citty of London Merchant Lineally descended from Thomas Mainston of Vrchinfield in Herefordshire Gent Temps Edw ye. 3d. now Maried to Penelope Daughteâ— To Sr Thomas Iones of Shrewsbury in yeâ— County of Salop Kt. one of ye. Iustices of his mat ys Court of K-Bench Iohn Bourne of More feilds in the parish of St. Leonards Shoreditch in Middz Dr. in Phisicksâ— non maried to Eleanor daughter of George Shyres of Wakefield in Yorkshir Batcheâ—â—â— in Divinity Iohn Rowe of ye. Citty of Bristoll Gent. Lineally descended from ye. antient family of ye. Rowes of Windley hill in Derbyshire Which Said Iohn is now maried to Lucy Sister Coheyre of Anâ—thony Hungerford Son heyre of Anthony HuÌ„gerford of ye. Lea in Wiltshire Esq Mr. Peter Vandeput of the Citty of London Merchant Iohn Btome of Sevenoke in Kent Gent. Ricâ—ard Btome of Chobham in the Parish of Westham in Essâ—â—â— Gent. Richard Whitworth of Adbaston in the County of Stafford Gentleman Mr. Iohn Vanheck of ye. Citty of London Merchant descended of a Dutchfamily of that name This Câ—atâ— Armourâ—â— borne by the Stanleys of Devonshire and is Engraven at the Charge of Mr. Edward Stanley of Bamstable in the Sdâ— County agreat Lover of Heraldry and Promoter of Publique Vndertakeings Nicholas Eyre of London Gent Descended from a Antient Family of that name Iohn Farrington of ye. Citty of London Merchant descended of ye. Farringtons of Verdon near Faringtonheath in Lancashire a Family of good Account and Antiquity Iohn Gregorie of St. Margarets Westminster in Middlesex Gentleman son of Leiutenant Collonell William Gregorie of East Stockwith in Lincolnshire Esq a great sufferer for his maty in ye. Late Vnhappy warrs Mr. Thomas Shaw of the Citty of London Merchant now Maried to Deborah daughter of Roger Reeva Late Cittizen of London Râ—lph Marshall GenÌ„t Secretary to thâ— R â— honble William Earle of Craven desâ—nâ—ded from ye. family of ye. Marshalls of yorkshire Franâ—is Lunde of Parsons Green in ye. Parish of FuÌ„tham in Middlesex GenÌ„t descended frâ—m the Family of Lunde in ye. County of Yorkeâ— â—â—chard Stratford of Hawling and nether Geâ—◠〈◊〉 Glocestershire Gen t descended from theâ— Ancient family of ye. Straâ—fords of Farmcâ—â—â—n the Said County Thomas Glover of Raine Hill in Lancashireâ— Gent. now Maried to Rebecca daughter of Ninian Buther Staplehurst in Kent Gent. But if a Gentleman be sued by addition of Husbandman he may say he is a Gentleman and demand Judgment of the Writ without saying and not Husbandman For a Gentleman may be a Husbandman but he shall be sued by his Addition most worthy For a Gentleman of what Estate soever he be although he go to plough and common labour for his maintenance yet he is a Gentleman and shall not be named in legal Proceedings Yeoman Husbandman or Labourer If a Gentleman be bound an Apprentice to a Merchant or other Trade he hath not thereby lost his Degree of Gentility But if a Recovery be had against a Gentleman by the name of a Yeoman in which case no Action is necessary then it is no Error So if any Deed or Obligation be made to him by the name of Yeoman If a Capias go against A. B. Yeoman and if the Sheriff take A. B. Gentleman an Action of false imprisonment lieth against the Sheriff But if A. B. Yeoman be Indicted and A. B. Gentleman be produced being the same man intended it is good If a man be a Gentleman by Office only and loseth the same then doth he also lose his Gentility By the Statute 5 Eliz. chap. 4. intituled An Act touching Orders for Artificers Labourers Servants of Husbandry and Apprentices amongst other things it is declared That a Gentleman born c. shall not be compelled to serve in Husbandry If any Falcon be lost and is found it shall be brought to the Sheriff who must make Proclamation and if the owner come not within four Months then if the â—inder be a simple man the Sheriff may keep the Hawk making agreement with him that took him But if he be a Gentleman and of Estate to have and keep a Falcon then the Sheriff ought to deliver to him the said Falcon taking of him reasonable costs for the time that he had him in Custody A Commission is made to take Children into Cathedral Churches c. one in anothers places where Children are instructed to sing for the furnishing of the King's Chappel These general words by construction of Law have a reasonable intendment viz. That such Children who be brought up and taught to sing to get their living by it those may be taken for the King's Service in his Chappel and it shall be a good preferment to them but the Sons of Gentlemen or any other that are taught to sing for their Ornament or Recreation and not
merely for their livelyhoods may not be taken against their Wills or the consent of their Parents and Friends And so it was resolved by the two Chief Justices and all the Court of Star-Chamber Anno 43 Eliz. in the Case of one Evans who had by colour of such Letters Patents taken the Son of one Clifton a Gentlemen of quality in Norfolk who was taught to sing for his Recreation which Evans for the same offence was grievously punished And to the end it may withal appear what Degrees of Nobility and Gentry were in the Realm before the coming of the Normans and by what merits men might ascend and be promoted to the same I will here set down the Copy of an English or Saxon Antiquity which you may read in Lambert's Perambulation of Kent fol. 364. and Englished thus It was sometimes in the English Laws That the People and Laws were in Reputation and then were the wisest of the People worship-worthy each in his degree Earl and Churle Theyne and Undertheyne And if a Churle so thrived that he had fully five Hides of Land of his own a Church and a Kitchin a Bell-house and a Gate a Seat and a several Office in the King's Hall then was he thenceforth the Theynes right-worthy And if a Theyne so thrived that he served the King on his Journey rode in his Houshold if he then had a Theyne which him followed who to the King's Expectation five Hides had and in the King's Palace his Lord served and thrice with his Errand had gone to the King he might afterwards with his fore-oath his Lord's part play at any need and of a Theyne that he became an Earl then was thenceforth an Earl rightworthy And if a Merchant-man so thrived that he passed over the wide Sea thrice of his own Craft he was thenceforth the Theynes right-worthy And if a Scholar so thrived through Learning that he had degree and served Christ he was thenceforth of Dignity and Peace so much worthy as thereunto belonged unless he forfeit so that he the use of his Degree remit It is observed That the Saxons out of all those Trades of life which be conversant in gain admit to the Estate of Gentry such only as encreased by honest Husbandry or plentiful Merchandize Of the first of which Cicero affirmeth that there is nothing meeter for a freeborn man nor no man fitter to make braver Souldier And of the other that 't is prize-worthy also if at the length being satisfied with gain as it hath often come from the Sea to the Haven so it changeth from the Haven into Lands and Possessions And therefore whereas Gervasius Tilburiensis in his Observations of the Exchequer accounted it an abusing of a Gentleman to occupy publicum mercimonium common buying and selling it ought to be referred to the other two parts of Merchandize that is to a Negotiation which is retailing and keeping of an open shop and to a Function which is to exercise Mercery or as some call it to play the Chapman and not to Navigation which as you see is the only laudable part of all buying and selling And again whereas by the Statute of Magna Charta chap. 6. and Merton chap. 7. it was a discouragement for a Ward in Chivalry which in old time was as much as to say a Gentleman to be married to the Daughter of a Burgess I think that it ought to be restrained to such only as professed Handycrafts or those baser Arts of buying and selling to get their living by But to shew how much the case is now altered for the honour of Tradesmen it may be remembred that Henry the Eighth thought it no disparagement to him when he quitted his Queen to take Anne the Daughter of Thomas Bullen sometime Mayor of London to his Wife The Statute of Westminster 2. chap. 1. which was made in the Thirteenth of King Edward the First was procured especially at the desire of Gentlemen for the preservation of their Lands and Hereditaments together with their Surnames and Families and therefore one calleth this Statute Gentilitium municipale and the Lawyers call it Ius Taliatum Taliabile The Children only of Gentlemen were wont to be admitted into the Inns of Court and thereby it came to pass that there was scant any man found in former ages within the Realm skilful and cunning in the Law except he were a Gentleman born and came of a good House for they more than any other have a special care of their Nobility and to the preservation of their Honour and Fame For in these Inns of Court are or at leastwise should be Vertues studied and Vices exiled so that for the endowment of Vertue and abandoning of Vice Knights and Barons with other States and Noblemen of the Realm place their Children in those Inns though they desire not to have them learned in the Laws nor to have them live by the practise thereof but only upon their Parents allowance You have heard how cheap Gentility is purchased by the Common Law but if you look more strictly unto the perfection thereof you will find it more honourable for Gentlemen well descended and qualified have always been of such repute in England that none of the higher Nobility no nor the King himself have thought it any disparagement to make them their Companions Therefore I shall set down the priviledges due unto them according to the Laws of Honour as I find them collected out of Sir Iohn Ferne Sir William Segar Mr. Carter in his Analysis of Honour and other good Authors It is thus found The Priviledges of the Gentry 1. PRo honore sustinendo If a Churle or Peasant do detract from the honour of Gentleman he hath a remedy in Law actione injuriarum but if by one Gentleman to another the Combat was anciently allowed 2. In equal Crimes a Gentleman shall be punishable with more favour than the Churle provided the Crime be not Heresie Treason or excessive Contumacy 3. The many Observances and Ceremonial Respects that a Gentleman is and ought to be honoured with by the Churle or Ungentle 4. In giving Evidence the Testimony of a Gentleman is more authentick than a Clowns 5. In Election of Magistrates and Officers by Vote the Suffrage of a Gentleman should take place of an Ignoble Person 6. A Gentleman should be excused from base Services Impositions and Duties both Real and Personal 7. A â—â—ntleman condemned to death ought not to be â—anged but beheaded and his Examination taken without Torture 8. To take down the Coat-Armour of any Gentleman to deface his Monument or offer Violence to any Ensign of the deâ—eased Noble is as to lay buffets on the face of him if alive and punishment is due accordingly 9. A Clown may not Challenge a Gentleman to Combat quia conditiones â—mpares Many other are the Priviledges due to Gentlemen which I forbear to repeat referring the Reader to the Books before cited For the protection and defence of
this Civil Dignity they have three Laws The first Ius agnitionis the right or law of descent for the kindred of the Father's side The second Ius Stirpis for the Family in general The third Ius Gentilitatis a law for the descent in Noble Families which Tully esteemed most excellent by which Law a Gentleman of Blood and Coat-Armour perfectly possessing Vertue was only priviledged To make that perfection in Blood a Lineal Descent from Atavus Proavus Avus and Pater on the Fathers side was required and as much on his Mothers line than he is not only a Gentleman of perfect Blood but of his Ancestors too The neglect of which Laws hath introduced other sorts of Gentleman viz. men that assume that Dignity but are neither so by Blood nor Coat-Armour which style only hurries them to an unruly pride which indeed is but rude and false honour termed by Sir Iohn Ferne Apocriphate and debarred of all priviledge of Gentility These Gentlemen nomine non re saith he are the Students of Law Grooms of his Majesties Palace Sons of Churls made Priests or Canons c. or such as have received Degrees in Schools or born Office in the City by which they are styled Gentlemen yet have they no right to Coat-Armour by reason thereof As to the Student of the Law Sir I. Ferne allows him the best aâ—â—urance of his title of Gentleman of all these irregular Gentlemen as he terms them because he is named in some Acts of Parliament yet he saith he is also debarred of all honour and priviledge by the Law of Arms. And anciently none were admitted into the Inns oâ— Court as before noted but such as were Gentlemâ—◠〈◊〉 Blood be their merits never so great â—or were the Church Dignities and Preferments bestowed indifferently amongst the Vulgar The Jews confined their Prieâ—â—hood to a Family but Ieroboam debased it in his Kingdom by preferring the basest of his people to the best of duties The Russians and some other Nations admit none to the study of the Law but Gentlemens younger Sons The decayed Families in France are supported and receive new life from the Court Camp Law and Ecclesiastical Preferments take the most solemn and serious who contemn the World if such are wanting to fill up their Vacancies the Ingeniouser sort of the Plebeans are admitted by which means their Church and State is in eâ—â—eem and reverence being filled most commonly with the best Blood and Noblest by Birth amongst them whereas with us every Clown that can spare but mony to bring up his Son â—or any of those Studies bereaves the Gentry of those Benefices and robs them of their support which grand abuse is the cause of the general Corruption in the State Civil and Ecclesiastick whereas were this preferment made peculiar to the Gentry they would stand more upon their Honour and live without being a Burthen to their Relations The Atchievement of a Gentleman hath no difference with that of an Esquire both their Helmets being close and sideways OF YEOMEN CHAP. XXVII THE Yeomen or Common People for so are they called of the Saxon word Zemen which signifies Common who have some Lands of their own to live upon For a Carn of Land or a Plough Land was in ancient time of the yearly value of five Nobles and this was the Living of a Stokeman or Yeoman And in our Law they are called Legalâ— homines a word familiar in Writs and Inquests And by divers Statutes it hath been enacted That none shall pass in any Inquest unless they had forty shillings Free-hold in yearly Revenue which maketh if the most value were taken to the proportion of moneys above Sixteen pounds of currant money at this present And by the Statute of 27 Eliz. ch 6. every Juror must have Forty pounds Lands In the end of the Statute made 23 Hen. 6. c. 15. concerning the Election of Knights for the Parliament it is ordered and expresly provided That no man shall be such Knight which standeth in the degree of a Yeoman It appeareth in Lambert's Perambulation of Kent 367. that this Saxon word Telphioneman was given to the Theyne or Gentleman because his life was valued at One thousand two hundred shillings and in those days the lives of all men were rated at certain sums of Money To the Churle or Yeoman because the price of his head was taxed at Two hundred shillings Which things if it were not expresly set forth in sundry old Laws yet extant might well enough be found in the Etymology of the words themselves the one called a Twelve hundred man and the other a Twyhind for a man of Two hundred And in this Estate they pleased themselves insomuch that a man might and also now may find sundry Yeomen though otherwise comparable for wealth with many of the Gentile sort that will not yet for that change their condition nor desire to be appareled with the title of Gentry By the Common Law it may appear in 1 Ed. 2. de Militibus and 7 Hen. 6. 15. a. men that had Lands to the value of Twenty pounds per annum were compellable at the King's pleasure to take upon them the Order of Knighthood and upon Summons there came a Yeoman who might expend a hundred Marks per annum and the Court was in doubt how they might put him off and at last he was waved because he came the second day By this sort of men the trial of Causes in the Country proceedeth ordinarily for of them there are greater number in England than in any other place and they also of a more plentiful livelyhood and therefore it cometh to pass that men of this Country are more apt and fit to discern in doubtful Cases and Causes of great examination and trial than are men wholly given to moil in the ground to whom that Rural exercise engendreth rudeness of wit and mind And many Franklins and Yeomen there are so near adjoyning as you may make a Jury without difficulty for there be many of them that are able to expend One or two hundred pounds per Annum As in the ancient time the Senators of Rome were elected a Censu and as with us in conferring of Nobility respect is had to their Revenues by which their Dignity and Nobility may be supported and maintained So the Wisdom of this Realm hath of ancient time provided that none shall pass upon Juries for the trial of any matter real or personal or upon any criminal cause but such as besides their Moveables have Lands for estate of life at the least to a competent value lest for need or poverty such Jurors might easily be corrupted or suborned And in all Cases and Causes the Law hath conceived a better Opinion of those that have Lands and Tenements or otherwise are of worth in moveable Goods that such will commit or omit nothing that may any way be prejudicial to their estimation or which may endanger their Estates than it hath of
Artificers Retailers Labourers or such like of whom Tully saith Nihil proficiuntur nisi ad modum mentiuntur And by divers Statutes certain Immunities are given to men of Quality which are denied to the Vulgar sort of People Read hereof amongst other 1 Iac. cap. 127. By the Statute of 2 Hen. 4. chap. 27. amongst other things it is enacted That no Yeoman should take or wear any Livery of any Lord upon pain of imprisonment and to make Fine at the King's will and pleasure These Yeomen were famous in our Forefathers days for Archery and Manhood our Infantry which so often conquered the French and repuls'd the Scots were composed of them as are our Militia at present who through want of use and good discipline are much degenerated from their Ancestors valour and hardiness As the Nobility Gentry and Clergy have certain priviledges peculiar to themselves so have the Commonalty of England beyond the Subjects of other Monarchs No Freeman of England ought to be imprisoned outed of his possession disâ—eised of his Freehold without Order of Law and just cause shewed To him that is imprisoned may not be denied a Habeas Corpus if it be desired and if no just cause be alledged and the same be returned upon a Habeas Corpus the Prisoner is to be set at liberty By Magna Charta 9 Hen. 3. no Souldier can be quartered in any House except Inns and other publick Victualling-houses in time of peace without the Owners consent by the Petition of Right 3 Car. 1. No Taxes Loans or Benevolences can be imposed but by Act of Parliament idem The Yeomanry are not to be prest to serve as a Souldier in the Wars unless bound by Tenure which is now abolished Nor are the Trained Bands compelled to march out of the Kingdom or be transported beyond Sea otherwise than by the Law of the Kingdom ought to be done Nor is any one to be compelled to bear his own Arms finding one sufficient man qualified according to the Act aforementioned No Freeman is to be tried but by his equals nor condemned but by the Laws of the Land These and many other Freedoms make them most happy did they but know it and should oblige them to their Alegiance to their Prince under whose power and government themselves their Rights and Priviledges are preserved and quietly enjoyed yet such is the inconstancy of mens nature not to be contented with the bliss they enjoy THE SECOND PART OF Honour Civil Treating of the CUSTOMS GOVERNMENT PRIVILEDGES ARMORIAL ENSIGNS of HONOUR OF THE City of London With the like Account of the CITIES of ENGLAND Together with the Chief Town Corporate in each COUNTY of ENGLAND LONDON Printed by Samuel Roycroft Anno Dom. MDCLXXVIII To the Right Honourable and Honourable the Right Worshipfull and Worshipfull the Governors Deputy Governors Treasurers Consulls Assistants c a. of these severall Incorporated Companys of Merchants This Plate is humbly dedicated By your Honours and Worships most humble Servant Richard Blome The Atchivement of the Honourable Citty of LONDON with the Armes of the Right Honourable the Lord Mayor the Court of Aldermen and Sheriffs for the yeare of our Lord 1678. The Right Honourable Sr. Iames Edwards Knight Lord Mayor of the honble Citty of London for the yeare 1678 THE SECOND PART OF Honour Civil CHAP. I. ALL Chronologers and Antiquaries do agree that in the Infancy of the Worlds Creation men had no habitation other than Woods Groves bushy Thickets Caves and Concavities in Rocks and Sandy Grounds to shelter themselves from the wind and weather which places they fenced about with sticks heaps of stones or the like to preserve them from ravenous Beasts which otherwise would annoy them Then by degrees as the World increased and Inconvenience being the Mother of Invention they made themselves small Hutts from Hutts they came to build Houses and to cohabit in Hamlets or Villages and from thence sprang up Towns Cities Castles and Fortified Places Then the Inhabitants of one City or Place waged warr against those of another and the Victorious enlarged their Territories and made them their Tributaries and thus increasing in number of Inhabitants formed to themselves a Civil Government and growing in Riches some studied one Art and some another some addicted themselves to Traffick whilst others imployed their time in Martial Affairs And what are Cities in these our days but the nursery habitation and receptacle of worthy ingenious wealthy and munificent brave men which made Charles the Quint much to glory that he was a Citizen of Ghent And Henry the Great in answer to a Letter of the King of Spains wherein he declared his many Titles styled himself only Henry King of France and Burgess of Paris Since then that Cities are of such renown and the Inhabitants thereof so signal in Coat-Armour as having such a mixture and affinity with the Gentry it will be necessary that in this Treatise we take notice of our Cities and chief Towns Corporate being places of such concern to the Nation as to their Priviledges Governments Courts of Judicature Magistrates their Armorial Badges belonging as well to the said Cities and Towns as to their several Incorporated Companies in London And first with London LONDON the Metropolis Mistress and bravery of all England the King's Chamber and Epitomy of the whole Kingdom of so great Antiquity and Fame in other Countreys that it wanteth no mans commendation As to its rise various are the Opinions of Writers Ptolomy Tacitus and Antoninus calls her Londinium or Longidinium others Augusta Troja nova or Troynovant others Caer-Lud and others Dinas Belin. It is seated no less pleasantly than commodiously on the Banks of the Thames which in its hasty but not rapid course towards the Sea saluteth its walls and payeth its duty to her dividing it into two but unequal parts which are again joyned together by a most stately Stone-Bridge sustained by nineteen great Arches and so furnished with Houses that it seemeth rather a Street than a Bridge And beyond the said Bridge the Thames with a deep and safe Channel gives entertainment to Ships of very considerable Burthen which daily bring in their rich Ladings from the known parts of the traded World And if we consider its great Riches and Traffick with other Nations its Jurisdiction and Bounds being about twelve or fifteen miles in Circuit its populousness and strength in Men and Ammunition both for Sea and Land Service it s well Government both Civil and Ecclesiastical the civility ingenuity and experience of its Inhabitants in Letters Arts Sciences Manufactures and Martial Affairs its stately Buildings both publick and private as the Palaces of his Majesty Whitehall St. Iames's and Somerseâ—-houses the several Houses of the Nobility its Courts of Judicature and Houses of Parliament its Collegiate and other Churches for Divine Service its Inns of Court and Chancery its Royal Exchange built by Sir Thomas Gresham its Custome-house its Tower which contains a
Palace a Prison Mint Armory Wardrobe and Artillery its Guild-hall where the Lord Mayor and Court of Aldermen meet about the concerns of the City and where their Courts of Judicature are kept its Halls for the several Companies its Colledges and Free-Schools its Hospitals and Alms-houses its Theatres Tennis-Courts and places of Recreation and its great plenty of all sorts of Provision which its Shambles and Markets are stored with it may be deservedly styled the Mistress of the World It s Government This famous City when under the Government of the Britains Romans and Saxons was destroyed by the Danes but AElfred King of the West-Saxons having reduced the whole Land to one Monarchy repaired and re-peopled it and committed the custody thereof to his Son in Law Alhered Earl of Mercia after whose decease it returned to King Edward sirnamed the Elder who had it governed under him by Port-Graves or Port-Reves which in divers Records are styled Vicecomites Viscounties or Sheriffs In the first of King Richard the first the Citizens obtained to be governed by two Bailiffs or Sheriffs and afterwards obtained to have a Mayor for their principal Magistrate the first of which was Henry Fitz-Alwyn a Draper who was constituted and so continued four and twenty years The City within the Walls and Freedom thereof is divided into six and twenty Wards and the government thereof committed to the care of as many grave Citizens of good repute and quality which are Aldermen each of which having the overseeing of his respective Ward And besides these Aldermen there are two Sheriffs which are annually chosen as also a Lord Mayor who according to his degree and seigniority of being Alderman after Sheriff is by the consent of the Citizens that is the Livery-men of each Company yearly elected and these are clothed in Scarlet Gowns and wear Gold Chains and as Coadjutors every Alderman hath his Deputy of the Ward as also Common-Councel-men This City by their Charter hath ample and large Priviledges and Immunities granted unto it which hath been confirmed and enlarged by most of our Kings and Queens as the making of Acts and Ordinances for the regulation and better government of the several Incorporated Companies and the Members thereof so as they are not repugnant to the Law of the Nation and detriment of the King they have also the power of keeping of Courts holding Pleas Assizes and Goal Delivery with the punishment of Offenders by Fine Imprisonment or Death as occasion requireth The Citizens are not constrained to go out of the said City to warr without an emergent occasion to suppress a Foreign Invasion they may pass Toll-free throughout all England they have a Common Seal and Armorial Ensigns of Honour and for Recreation have Free-warren or Liberty to hunt about the said City with many other Immunities too tedious to set down Courts appropriate to the City The Hustings is a Court of great Antiquity and Concern being to preserve the Rights Laws Franchises Customs and Dignities of the said City and is kept by the Lord Mayor and Aldermen every Tuesday The Court of Requests or Conscience the Judges whereof are some of the Common-Councel-men who are monthly chosen by the Lord Mayor and Aldermen and sit twice every week to hear and determine all matters brought before them betwixt Freemen where the just Debt or Dammage doth not exceed forty shillings for the proof of which the Plaintiffs Oath is sufficient for them to award the Defendant to pay the same either by present or weekly payment as the said Judges shall think fit which sentence cannot be avoided for it is to be presum'd that no man especially of some repute which is to be considered of will forswear himself for so small a sum of money The Lord Mayor's Court being an ancient Court of Record held every Tuesday and Thursday by the Mayor and Aldermen and is to redress and correct the errors and defaults which happen in the Government of the City and indeed taketh cognizance of all matters wich concern the City for Receipts and Payments of money the granting Leases purchasing of Lands building and repairing of Houses and the like and appointing their several Officers to look after the same The two Sheriffs Courts â— one for each Compter is on Wednesdays and Fridays for Trials for Woodstreet Compter and on Thursdays and Saturdays for the Poultrey Compter and each Court hath its Judge which is a Lawyer of good repute for the hearing and trial of all Actions brought before them but if the Action brought be above 5 l. it may be by the Defendant removed to a higher Court. And to these Courts belong four Counsellors eight Attorneys besides Secondaries Clerks Keepers of the Compters sixteen Sergeants and their Yeomen with other Sub-Officers The Court of Orphans which medleth with the Estates of deceased Citizens to provide for the Orphans until they come to Age and to see that an equal division of the Estate be made the City being their Guardians The Court of Common-Councel much resembling the High Court of Parliament consisting of the Lord Mayor and Court of Aldermen which may be termed the Higher House and the Common-Councel the Lower House and these make and constitute Laws and Acts as aforesaid which are binding to the Inhabitants The Court of the Chamberlain for the binding and making free Apprentices and for the reforming grievances betwixt the Master and the Apprentice and this is an Office of great Trust and of such Power that no Apprentice if not sworn by him can set up and open Shop and those that disobey his Summons he hath power to Imprison or Fine This Office is at present committed to the care of Sir Thomas Player Kt. a Person every way fit for so great a Trust. The Courts of the Coroner and Escheater which doth belong to the Lord Mayor The Court of Policies and Assurances for Merchants The Court of Halmote which is kept by the Master Wardens and Court of Assistance of every Company generally every month The Court of Wardmote or Wardmote Inquest for the whole City being divided into six and twenty Wards every Ward having such an Inquest consisting of about twelve or sixteen of the Inhabitants thereof who meet at every Christmass time and enquire after the Disorders and Abuses of Tradesmen in their Weights Measures and the like and according to their Misdemeanours they make their Presentments The Sessions of Oyer and Terminer and Goal Delivery of Newgate for the City of London and County of Middlesex holden every month at Iustice-hall in the Old Baily for the trial of Felons the Lord Mayor being cheif Judge and hath power of Reprieving The Court for the conservation of the Water and Rivers of Thames and Medway The Court of the Tower held within the Verge of the City before the Steward by Prescription of Debt Trespass and other Actions There is no Magistrate in Europe that liveth in greater state and hath more power than the
Lord Mayor of this City which is evident by the noble Entertainment given to Strangers and by his great attendance both at home and abroad for besides the abundance of inferiour Officers he hath his Sword-Bearer Common Hunt Common Cryer and four Water Bailiffs which by their places are Esquires then the Coroner three Sergeant-Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeoman of the Water-side the Under-water-Bailiff two Yeoman of the Chamber with divers others The publick Officers belonging to this City are the two Sheriffs the Recorder the Chamberlain the Common Sergeant the Town Clerk and the Remembrancer who by their places are Esquires The Sheriffs who are persons of repute and ability are annually by the Commons that is the Livery-men of each Company in formality chosen on Midsomer-day and the day after Michaelmass the Lord Mayor and Aldermen go with them to the Exchequer-Chamber at Westminster where they are presented and sworn and the two old Sheriffs also sworn to their Accounts On Simon and Iudes day the old Lord Mayor being attended with the Aldermen and Sheriffs in their formalities go to the Hustings Court where the Lord Mayor elect taketh his Oath and receiveth from the Chamberlain the Scepter the Keys of the Common Seal and the Seal of the Majoralty and from the Sword-Bearer the Sword all which according to custom he delivereth to them again On the day following in the morning the old Lord Mayor with the Aldermen and Sheriffs attend the Mayor elect from his House to Guild-hall from whence in their formalities they go to the Vintrey and take Barge to Westminster being attended by the Livery-men of divers of the Companies in their Barges which are bedecked with Banners Pennons and Streamers of their Arms c. which with their Musick makes a pleasing show Being come to Westminster-hall having saluted the Judges they go up to the Exchequer Barr where the Lord Mayor tâ—keth his Oath and after some usual Ceremonies in the Hall and at the Abby in seeing the Tombs they return to their Barges and are rowed back to London being landed go to the Guild-hall in great pomp where a most stately Dinner is prepared as well for the Lord Mayor Aldermen Sheriffs and the several Companies as for the Nobility Judges and Gentry that are invited to the said Feast which oft-times is graced with the Royal Presence of their Majesties the King and Queen and the Duke of York c. The Ceremony of the day being ended the Lord Mayor is attended to his House where he liveth in great grandure during his Majoralty looking after the Affairs of the City to whose fatherly care the Government thereof is committed These with other Ceremonies in the electing and swearing the Lord Mayor and Sheriffs being largely treated of in Stow's Survey and Howel's Londinensis I forbear to speak further of them here but referr the Reader A List of the Names of the Lord Mayor Aldermen and Sheriffs that for this present year 1678 have the government of this Honourable City with the Names of the six and twenty Wards to which the said Aldermen do belong viz. THe Right Honourable Sir Iames Edwards Kt. Lord Mayor and Alderman of Candlewick Ward Sir Richard Chiverton of the Ward of Bridge without Kt. Sir Thomas Allen of Aldgate Ward Knight and Baronet Sir Iohn Frederick of Coleman-street Ward Kt. Sir Iohn Robinson of Tower-street Ward Knight Baronet and Lieutenant of the Tower of London Sir Iohn Laurence of Queen-hith Ward Kt. Sir Thomas Bludworth of Aldersgate-street Ward Kt. Sir William Turner of Castle-Baynards Ward Kt. Sir George Waterman of Brides Ward within Kt. Sir Robert Hanson of Basingshaw Ward Kt. Sir William Hooker of Cornhill Ward Kt. Sir Robert Vyner of Langborn ward Knight and Baronet Sir Ioseph Sheldon of Bishops-gate ward Kt. Sir Thomas Davies of Farendon ward without Kt. Sir Francis Chaplin of the Vintrey ward Kt. Sir Robert Clayton of Cheap ward Kt. Sir Patience Ward of Farendon ward within Kt. Sir Iohn Moore of Walbrook ward Kt. Sir William Prichard of Bread-street ward Kt. Sir Henry Tulse of Bread-street ward Kt. Sir Iames Smith of Portsoken ward Kt. Sir Nathaniel Herne of Billingsgate ward Kt. Sir Robert Ieffreys of Cordwainer ward Kt. Sir Iohn Shorter of Cripple-gate ward Kt. Sir Thomas Gold of Dowgate ward Kt. and Sir William Rawstorne of Limestreet ward Kt. The Sheriffs for this year are Sir Richard How and Sir Iohn Chapman Knights Having thus in brief treated of the Government of the City with their Immunities Priviledges Courts of Judicature c. in general in the next place we will treat of each particular Incorporated Company as Stems thereof And first with the several Companies of Merchants next with the twelve chief Companies out of which the Lord Mayor is to be Annually chosen and so end with the other Companies as Stars of a less magnitude The East-India Company though not the ancientest yet the most honourable and eminent was first Incorporated in the year of the Reign of Queen Elizabeth and since confirmed with divers other Priviledges added to their Charter by succeeding Kings having now power of making Acts and Ordinances so as not repugnant to the Law of the Land or detriment of the King for the good and well government of the said Trade and Company likewise power to hear and decide Causes and to implead fine and punish Offenders as they please to raise and maintain Souldiers in their Factories and to man out Ships of warr for their further security for warr offensive as well as defensive as occasion requireth also the using of a Seal and the bearing of a Coat of Arms as it is depicted in the Escocheon of Arms of the several Companies of Merchants This Company is managed by a joynt stock which makes them potent eminent and rich and is found several ways to be very advantageous to the Kingdom as in their building of Ships in the imploying and maintaining of thousands not only in their Ships but in their Plantations and Factories as at Surat Cambaya Bambay Curwar Baticale Calicut Fort St. George Pentapoli Musulipatan Ougely Gonro Bantam in the Indies Ormus in Persia â— with some other places of less concern And to their Presidents Factors and other Servants they allow good Salaries and are raised to higher preferments with greater Salaries as their merits deserve And the great Trade that they drive to these places exporting such vast quantities of our Manufactures and Commodities and importing so many sundry and rich Commodities cannot but make them to be very beneficial to the Nation This worthy Company for the better negotiation of their Affairs is governed by a Governour Deputy-Governour and Committâ—e consisting of four and twenty who about the midst of April are Annually elected by the Adventurers of the said Company of which there must be eight new ones always chosen and these meet at their House in Leaden-hall-street London called the East-India
Cooke of Kingsthorp in Northampton shire Gent â— Sr. Thomas Player of Hackney in Middlesex Knight Chamberlaine of the Citty of London Sr. Iohn Berkenhead Knight Master of Requests to his Majesty and Master of the Faculties and one of the members of the Honourable house of Comons Sr William Drake of Amersham in the County of Bucks Knight now maried to Elizabeth daughter of the honble â— â— Mountâ—gu Lord cheife Baron of his matys Court of Exchequer Sr William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations Sr. William Waller of Winchester in Hantshire K descended from Richard Waller of Groombridg in Kent Esqr. who at the battle of Agencourt took Ioâ— Duke of Orleanse Prisoner and brought him to Groombridg whâ—re he remained a Prisoner 24 yeares and in memory of the Action it hath bin ever since allowed to the family to beare hanging on their Antient Crest the Armes of the said Duke Sr William Hustler of Acklam in Cleaveland in The County of York Kt Sr. Joseph Sheldon of the Citty oâ— London Kt. Alderman Lord Mâ—j therof Anno 〈◊〉 Sr. Robt. Hanson of the Citty of Londoâ— Knight and Alderman Lord Major thereof Anno 1673 Sr. Iohn Maynard of Gunnersbury in the Parish of Ealing in the County of Midlesex Knight sergeant at Law to his Majesty King Charles the second S â— Iohn Shortâ—r of the Citty of London Kt. and Alderman now maried to Ezabeâ— daughter of Iohn Birkhead of Ristwhait 〈◊〉 yâ— parish of Crostwhait in Cumberland Gen â— Robert Peyton of East Barnet in ye. County of 〈◊〉 Kt. descended of ye. Antient Family of ye. Peytonâ— Cambridgshire noâ— Maried to Iane Daughter and 〈◊〉 heyrs of Lionell Robison of Couton in York shire Esq. Sr. Edward Lowe of new Sarum in Wiltshire Kt. one of the Masters of the High Honourable Court of Chancery Sr. Iohn Iames of Wiâ—â—borow in Kâ—nt Kt. dâ—scended of ye. â—ntiâ—â—â— And Sâ—râ—ading Family of ye. Iamâ—â—is Who Transplâ—nted Themseluâ—s out of Cleâ—â— in Germaâ—y into England About ye◠〈◊〉 of yâ—â—â—igne of K. 〈…〉 Family Sâ—◠〈◊〉 in Tâ—â— Body of yâ— Book Sâ—ction Chap 1 Thâ— Sâ—S Ioâ—n is â—â—w Maried to Mâ—â—y dâ—ughtâ—r of Sr. Robert Kiâ—â—eâ—râ—w of Haâ—worth in Middleâ—â—â— Kt. desâ—â—ed 〈◊〉 Câ—â—mâ—erâ—â—n to yâ— Late Queen Mother 〈◊〉 Hon Sr. Robert Bâ—oth of Salford in Lâ—â—câ—shire K â— â— chife Iustice of 〈◊〉 Matâ—s Court of Comâ—n pleas in Ireland one of his Ma â—â—â— most Hon priâ—â—â—â—â—ncell for yâ— S d Kingdome Grandchild heyre of Humfry â—ooth of Salford 〈◊〉 Gâ—n whose Châ—ritable works 〈…〉 his name of w â— see more in â—â—â—dy of yâ— Bocke sâ—e 3 chapt. 1â— The Sd. Sâ—r. Robert was first maried to mary â—â—â—ghter heyre of Spencer Poâ—ts of Chalgraye in Bedfordshire Esq 〈…〉 to Susanna Daughter of Sr. 〈…〉 of Dean in East Kent Kt. Aâ—â—soâ— Dâ—ceased Sr. Charles Pitfeild of Hâ—xton in the Parish of St. Leonard â—horditch in Middlesex Kt. Descended of the Antient family of the Pitfeilds of â—umâ—nâ—sâ—ry in Dâ—rsâ—tshireâ— is now maried to Winefrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Esâ— Sr. Thomas Middleton of Stansted Mount Fichit in ye. County of Essex Kt. now maried to Mary ye. Relict of Thomas Style Esq Eldest Son of Sr. Thomas Style of Waâ—ering bury in yeâ— County of Kent Bar â— and only Daughter of Sr. Stephen Langham of the Citty of London Kt. Sr. Francis Theobald of Barking hall in Suffolk Kt. a great Lover of Lerning fautor of Lerned men in Soemuch that Dr. Castle in his Polygâ—oâ— Lexicon makes This mention of him yt. he is harum Linguarum Callentissimus Sr. Robt. Hardinge late of Kings-Newton in the Parish of Melborne in Darby-shire Nâ—w of Grais Inn in Middle â— Kt. his matys Attorney of all his Forests c. from Trent Northward's a great sufferer for there matys King Charles the first second Hee Maried Anna eldest daughr. of Sr. Richard Sprignell of Hâ—gate in Middlesex Bar â— Deceased Sr. Io. Kirke of East Ham in Esex Kt. one of the Band of Gentleman Pentioners to his matyâ— King Charles the 2d. which sd. Sr. Io. and his family hath been very actiue for the Servi c â— of there King and Country in particular at Canade in America Sr. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight Sr. William Beversham of Holbrookhall in Suffolk Knight one of the Masters oâ— the High and Honourable Court of Chancery And it was anciently ordained That all Knights Fees should come unto the eldest Son by succession of Heritage whereby he succeeding his Ancestor in the whole Inheritance might be the better able to maintain War against the King's Enemies or his Lords and that the Soccage of Freehold be partable between the Male Children to enable them to encrease into many Families for the better encrease of Husbandry But as nothing is more unconstant than the Estates we have in Lands and Livings even so long since these Tenures have been so indifferently mixt and confounded in the hands of each sort that there is not now any note of difference to be gathered by them Lambert Peramb of Kent 10. Et quia tale servitium forinsecum non semper manet sub eadem quantitate sed quandoque praestatur ad plus quandoque ad minus ideo eo quantitate Regalis servitii qualitate fiat mentio in charta ut tenens certum tenere possit quid quantum persolvere teneatur And therefore the certainty of the Law in this case is That he that holdeth by a whole and entire Knight's Fee must serve the King or his other Lord forty days in the Wars well and sufficiently arrayed and furnished at all points and by twenty days if he hold by a moiety of a Knights Fee and so proportionable And in the Seventh of Edw. 3. 246. it was demurred in Judgment Whether Forty days shall be accounted from the first day that the King did first enter into Scotland but it seemeth that the days shall be accompted from the first day that the King doth enter into Scotland because the Service is to be done out of the Realm And they that hold per Regale servitium are not to perform that Service unless the King do also go himself into the Wars in proper Person by the Opinion of Sir VVilliam Earle Chief Justice of the Common Pleas Irium Sept. Edw. 3. 246. but vide 3 Hen. 6. tit Protection 2. in which Case it was observed That seeing the Protector who was Prorex went the same was adjudged a Voyage Royal. Also before the Statute de quia emptores terrarum which was made decimo octavo Edw. 1. the King or other Lord had given Lands to a Knight to hold of him by Service and Chivalry scil to go with the King or with his Lord when the King doth make a Voyage Royal to subdue
his Enemies by Forty days well and conveniently arrayed for the War In this Case the Law hath such regard to the Dignity of Knighthood that he may find an able person to go for him and the Knight is not compelled by his Tenure to go in person as ordinary Souldiers who are hired or retained by Prest-money or Wages There hath been many and varying Opinions of the contraries of a Knight's Fee as you may read in Coke's ninth Part 122. and there it is proved that Antiquity hath thought that Twenty pounds in Land was sufficient to maintain the Degree of Knighthood as it doth appear in the ancient Treatise De modo tenendi Parliamentum tempore Regis Edwardi filii Regis Ethelred which also doth concur with the Act of Parliament Anno primo Edw. 2. de militibus by which Act of Parliament Census militis the Estate of a Knight was measured by the value of Twenty pound Lands per Annum and not by any certain content of Acres And with this doth agree the Statute of VVestminster cap. 35. Fitz. Nat. Brev. 82. where Twenty pounds Land per Annum in Soccage is put in equipage with a Knight's Fee And this is the most reasonable estimation for one Acre may be more worth in value than many others And it is to be observed That the relief of a Knight and of all Superiors that be Noble is the fourth part of their Revenue by the year as of a Knight five pounds and so of the rest And because this Tenure doth concern Service in War the Tenants are therefore called Milites Militia for though the word doth properly signifie a Souldier yet antiquity hath appropriated that name to the chiefest of Military Profession In our Law they are styled Milites and never Equites yet so that Miles is taken for the self same that Chivalry is Bracton fol. 79. maketh mention of Rode Knights that is to say serving Horsmen who held their Lands with condition that they should serve their Lords on Horsback And so by cutting off a peece of a Name as our delight is to speak short this name Knight remaineth with us for Armiger scil the Esquire which is a Degree under the Knight was in the Military Service to serve on foot Note He that holdeth by a whole Knight's Fee must be with the King Forty days well and compleatly arrayed for the War which is to be understood to serve on Horseback And in all Nations the name of this Dignity is taken of Horses for the Italians call them Cavelieri the Frenchmen Chivaleris the Germans Regters our Britains Murgeghe all riding and in Latin we call them Equites aurati for at their Creations besides the Sword and Girdle gilt Spurs were added for more Ornament And when a Knight doth commit any offence for which he is by the Law to suffer death the use hath been in the begining of his punishment to degrade and deprive him publickly of his Honour of Knighthood for it is but with life leas'd or taken away Mills 81. by ungirding his Military Girdle by taking away his Sword and broken his Spurs cut off with an Hatchet his Gauntlets pluck't from him and the Escocheons of his Arms reversed And in the Statute made 24 Hen. 8. chap. 13. entituled an Act for Reformation of Apparel It was permitted for Knights to wear a Collar of Gold named the Collar of SS And although this Dignity of Knighthood had its original and was given to men of War and Prowess yet in all Successions of Ages and in all Nations the same also is bestowed upon men of Peace by the Sovereign Power to deserving persons whereby the Service of the Commonwealth at home is made equal with that abroad For as Tully saith truly Parvi sunt arma foris nisi est consilium domi But Experience the faithfullest Counsellor and best Mistress hath made it manifest both in this modern Age as well as in that of Tullie's that the Camp hath bred more eminent Statesmen and happily as good Politicians as the long Robe Perhaps for this Reason one aims chiefly at Glory and Honour which easily attracts admirers and favourers the other at Riches and indirect Negotiations which begets Envy and private Enemies He that receiveth the Dignity of a Knight kneeleth down and then the King slightly smiteth him upon his Shoulder and saith unto him these words in French Sois Chivaler au nome de Dieu and afterwards saith moreover Avance Chivaler See the Book of Titles of Honour due to the Earl-Marshal for the making of Knights 176. For a Knight is not made by Letters Patents or by the King 's Writ as those of higher Dignity but by the Sword for this Honour is supposed to be given on the sudden and therefore is commonly done by the Sword although the King may by his Letters Patents create a Knight Earls in ancient times had a power of Knighting but now neither may the Prince or any other of the Nobility make a Knight but only the King or Lieutenant General by his Commission No man is born a Knight as he may be to Titles of Honour by Patent but a Knight may be made assoon as a Child is baptized except Knight Bannerets Note the printed Book of Titles of Honour fol. 218 313. the first Knight With us in England there are divers sorts of Knights whereof Cambden 171. and Mills do write at large But amongst the Romans there was but one Order of them and they were next in Degree unto the Senators And they who simply without any Addition be called Knights howsoever they are in order ranked last yet by institution they are first and of greatest Antiquity and the other Orders are but late Attributes according to the several inventions of particular Princes And I do not remember that in our Books of Law I have read any thing concerning the Order of Knights with Addition viz. Knights of the Honourable Order of the Garter Knights Bannerets and Knights of the Bath But in the Statute 12 Hen. 8. cap. 13. it is enacted That every Knight of the Garter may have three Chaplains whereof every one may purchase licence or dispensation and receive have and keep two Benefices with cure of Souls but they of this Order which I now treat of are called Knights of the Spur or Knights Batchelors Between Doctors of the Civil Law and Knights hath ever been question for precedency since either of them hath been in credit in the Common-wealth as may appear both by the Comparison that Tully maketh between Lucius Murena a Knight of Rome and Publius Sulpitius a Lawyer either of them standing for Consulship in his Eloquent Oration made for Murena and many Disputes of Bardal and Bardus arguing the Case Pro and Con which though it be disputable in Foreign Parts yet here in England it is without Controversie and the precedency thereof is undoubtedly the Knights But if they be both of equal degree of Knighthood then