summoning of the Commons was in the 49. year of Henry the third The style of the Statutes running after this manner The King hath Ordained and Established these Acts underwritten c. First The King willeth and commandeth that c. Signifying the power of enacting to force and penalty was derived from the Volumus of the King not the Vote of the Lords and Commons their consent only making it of more vigour against themselves If it were an Act of Indulgence or relief to the Common-wealth it run thus Our Lord the King of his speciall Grace and for the affection that he bears unto his Prelates Earls and Barons and others of his Realm hath granted that c. And sometimes Our Soveraign Lord the King hath granted and commanded at the Instance of the Nobles of this Realm c. No mention at all being made of the consent of the Lords and Commons Then afterwards thus they run Our Lord the King by the Counsel of his Prelats Earls Barons other great men Nobles of his Kingdom in his Parliament hath Ordained 〈◊〉 c. An. 33. Edward the first 1307. and so along in other Statutes the Commons not at all mentioned in the enacting any Statute but as thus in the beginning of Edward the third At the request of the Commons of this Realm by their Petition made before him and his Councel in the Parliament by the assent of the Prelates Earls and Barons c. Untill the 23. of this Kings reign in a Statute of Labourers I find the Commons not mentioned and then the power of Ordination given to the Statute still by the King as thus It is ordered by our Lord the King by the assent of the Prelates Farls Barons and other great men and all the Commons of the Realm summoned to this Parliament c. And in one Act of the same King the style runs thus The King of his own will without motion of the Great men or Commons hath granted and Ordained in ease of his people c. And then to signifie the Constitution of the Commons in Parliament See the 37. of Edward the third where the Statute runs thus The King at his Parliament c. at the request of the Commons and by the assent of the Prelates Dukes Earls and Barons and other Great men there assembled hath Ordained c. and at the prayer of the Commons c. In which style most of the Statutes run untill Henry the eight And for provision of the choyce of the Commons in a Statute of the 23. of Hen. 6. is set down the form of Writ by which they are summoned where it is also enacted That the Knights of the Shires for Parliament hereafter to be chosen shall be naturall Knights or otherwise such naturall Esquires or Gentlemen of the same County as shall be 〈◊〉 to be Knights And every Knight that is elected ought to be a resident of the place for which he is elected and every man that is an Elector ought to have forty shillings of free-hold within the said County and for the security of it the Sheriffe hath power to put them to an Oath upon the Evangelist and the Election ought to be betwixt the hours of eight and nine in the Forenoon and so of Burgesses The form of the Writ is this Rex Vic' c. Salutem Quia nostri 〈◊〉 pro quibusdam arduis ur gentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim ' futur ' teneri Ordinavimus ibidem 〈◊〉 Magnatibus Proceribus domus regni nostri colloquium habere tractare Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo tuo post receptionem hujus literis nostris tenend ' die loco predicto duos milites gladiis cinctis magis idoneos discret ' Com' praedict ' c. electionem illam in distincte apertè sigillo tuo sub sigillis eorum qui electioni illi 〈◊〉 〈◊〉 bis in Cancellaria nostra locum certisices 〈◊〉 And still before they came up to the House they signed Indentures to be true and faithfull to their King and Country and the service thereof upon a penalty even to the last long Parliament of eternall infamy And in the third of Queen Elizabeth it was enacted in full Parliament for the safety of the Queen's Majesty her Heirs and Successors and the dignity of the Imperiall Crown of England for the avoiding both of such hurts perills dishonor and inconveniencies as have before time befallen that not only all persons should take the Oath of Supremacy upon divers penalties in that Act specified But also every Knight Citizen and Burgesse of the Parliament should take the said Oath before he entred into the said House or had any voyce there else he should be deemed no Knight Citizen or Burgesse for that Parliament nor have any voyce but shall be to all intents constructions and purposes as if he had never been Returned nor Elected for that Parliament and shall suffer all pains and penalties as if he had presumed to sit in the same without Election Return or Authority And by King James the Oath of Allegiance was added Yet notwithstanding all this limitation upon the Commonalty Parliaments in England were ever esteemed since Magna Charta the greatest liberty of the Subject none else indeed being dreamt of And as it is as great a flower of the Crown to summon Parliaments as foedera bellum indicere to make War and Leagues which is so absolute that it is resolved by all the Judges of the Land that the King may before he is Crowned if by descent the Crown be his right summon a Parliament or within age as was seen in King Henry the sixth who summoned divers Parliaments in his 1 2 3 4 5 6. years of his reign yet was not Crowned till the eighth He being then essentially King without any Ceremony or Act ex post facto and Coronation but a Royall Ornament So the priviledges of Parliament and of the Common-wealth by Parliament are as great for though we thus see the great Prerogative of a King yet many things there are which a King in his own Kingdome cannot do without a Parliament by the Laws by which he hath bound himself as the making any man hereditable or the altering the Common Law or Customs of the Realm though by his absolute authority he may commit any man to Prison during his pleasure Therefore every Parliament-man during the time of the Parliament is priviledged from all disturbance of arrest for debt or the like and the servants of any Parliament man as much as the Kings are And to this Parliament for the further security of the good of the Common-wealth were ever admitted certain Judges of the Land though
first turned their possessions into Baronies and thereby made them Barons of the Kingdom by tenure That all Bishops Abbots Priors and the like that held in chief of the King had their possessions as Baronies and were accordingly to do services and to sit in judgment with the rest of the Barons in all cases but cases of Blood from which they are prohibited by the Canon-Law This Honor of Baronady is of three kinds by Tenure by Creation and by Writ Barons by Tenure are the Barons Spirituall as I said before which are reputed Peers of the Realm and were ever first in nomination and take place on the Prince's right hand in Parliament and have been capable of temporall 〈◊〉 and some of them are accounted Count Palatines in their Jurisdictions And by tenure Temporall which are such as hold their Honor Castle or Mannor as the head of their Barony per Baroniam which is Grand Serjanty By which tenure they ought to be summoned to Parliament See Bracton lib. 5. fol. 351. 357. But he is no Lord of the Parliament untill he be called by Writ to the Parliament These Barons by renure in the time of the Conqueror and after were very numerous and 〈◊〉 his time as I conceive distinguished into Majores Minores and summoned accordingly to Parliament the Majores by immediate Writ from the King the others by generall Writ from the high Sheriff at the King's command But these had also another distinction which was the first were called onely Barons by tenure then and the last Tenants in chief which were after quite excluded the Parliament as Mr. Cambden says in the reign of Henry the third by a Law made that none of the Barons should assemble in Parliament but such as were summoned by speciall Writ from the King And that King Edward the first summoned always those of antient Families that were most wise but omitted their sons after their death if they were not answerable to their parents in understanding But Mr. 〈◊〉 opinion is that not long after the Grand Charter of King John the Law for excluding all Tenants in chief was made From whence came that other dignity of Barons by Writ the King summoning whom he pleased though he were but a private Gentleman or Knight as many Seculars Priors Abbots and Deacons also all which have been fince omitted that held nothing of the King in chief or Grand Tenure This title of Baron by Writ is by some esteemed onely temporary pro termino Parliamenti but that cannot be for the ceremony of his admittance signifies more than a titular or temporary Honor which is this He is first brought by the Garter-King at Arms in his Soveraign Coat to the Lord Chancellor between two of the youngest Barons who bear the Robe of a Baron there he shews his Prescript which the Chancellor reads then congratulates him as a Baron and invests him with those Robes and sends him to take his place Then the Writ is delivered to the Clerk of the Parliament and he by the Garter shewed to the Barons and placed in the House and from thence is this title allowed him as hereditary Since these two sorts of Barons in the time of Richard the second hath another been established which is Barons by Patent and indeed more usuall in our latter times than those by Writ He first created John de Beauchamp Steward of the houshold Baron of Kiderminster to him and his heirs males of his body And this comming afterwards to be the onely way of creation they had commonly creation-mony granted them as Sir Ralph Botiller who had one hundred marks granted him annuity out of the County of Lincoln Some of those Minores have yet remained to our memories as the Barons of the Cinque Ports Barons of the Exchequer c. and some others which are called Barons yet have not the honor such are those that were created by Count Palatines as the Baron of Kinderton and some few others As concerning the descent of this Honor and the extension of it it many times descends to heirs female as when there is no speciall entail on the heirs male yet then no husband of that heir female shall enjoy the style and honor in right of his wife unlesse he have issue by her as it was decreed by Henry the eighth in the case of Mr. Wimbry for the style of the Lord Talboyes Neither shall any honor of Barony by Tenure be conveyed with the 〈◊〉 of any place from whence the title is derived without licence immediate from the King but all such as shall without is absolutely forfeited and stopt and returns again into that great Fount ain of Honor the Crown Now though this dignity be not allowed the Princely distinction of a Coronet yet is he as a Lord of the Parliament reckoned among the Peers of the Realm and priviledged amongst them in all these things as first in all trialls of criminall causes he is not tried by a Jury but a Bench of Peers If for Treason he be indicted and shall stand mute he shall be convicted but not prest but if it be for Felony his standing silent shall not convict him Upon any tryall of Peers the Lords that are to give Verdict are not like a Jury put upon their Oaths but upon their Honor. A Peer of the Realm is not to be Empannelled in any Jury but what concerns the King 's Enquiry Neither are they to be arrested by any Warrant of Justice of Peace either for the peace or good behaviour Neither is he to be put upon his Oath upon any appearance he shall make in Court but his Honor to be esteemed as binding And whereas all Burgesses of the Commons House are sworn to Supremacy the Barons of the Upper-House of Parliament are not with many other priviledges But it is to be noted that by these are onely meant to Lords of the Parliament not to the sons of Dukes Marquesses or Earls during the life of their fathers Nor to any Baron of another Kingdom in this though under the same allegiance who are not triable out of their own Kingdome unlesse they enjoy some honor in this The form of creating a Baron is in this manner The King sitting in state in the Presence-Chamber First the Hetalds by two and two and their Garter Principall King alone proceed bearing in his hand the Patent of creation next to him a Baron bearing the Robes and then the Person to be created followeth betwixt two other Barons Being entred the Chamber of Presence they make their obeysance to the King three times Garter then delivereth the Patent to the Lord Chamberlain of the houshold and he to the King and the King to one of his Principall Secretaries of State who readeth it and at the word Investimus the King putteth on him the Baron's robe so soon as the Patent is read it is to be delivered to the
condemns even Parliament-Attainder The things that belongs to Justice and Peace are annexed to the Crown nor can they be separated The Parliament in the behalf of Henry the eighth writ thus to the Pope His Royall Majesty is the Head and the very Soul of us all his Royall Majestie 's cause is the cause of us all derived from the Head upon the Members his griefs and injuries are ours we all suffer equally with him Mr. Camden speaks thus of him The King is the most excellent part of the Common-wealth next unto God he is under no vassallage he takes his investiture from no man he acknowledges no Superior but God In England France Spain Denmark and other Kingdoms they are styled Kings Dei gratia by the grace of God Which hath been an antient custom in these Nations in the same or the like words as in the style of King Ethelbald Ethelbaldus divina dispensatione Rex Merciorum An. 716. Kenulphus Dei misericordia Rex Merciorum Beoredus largiente Dei gratia Rex Merciorum Ego Edwardus Dei gratia Rex Anglorum Ego Wilielmus Dei beneficio Rex Anglorum And the Kings of England since by a Bull from Rome in the time of our obedience to the Pope have been styled Defenders of the Faith and by Act of Parliament of Henry the eighth to whom that Bull was sent had the title of Supream Head of the Church of England annexed As the King of France is styled Rex Francorum Christianissimus the King of Spain Rex Catholicus or Catholica Majestad Catholick Majesty and the Emperor Defender of the Church It is the manner of Kings also to write in the plurall number which is God's own style as Mandamus Volumus Facimus c. And indeed in the Scripture we often find them called gods and in that sense may be styled Divi or Dii quia Dei vicarii Dei voce judicant Mr. Selden speaks thus upon this subject Man as a civill creature was directed to this form of subjection As if the sole observation of Nature had necessarily led the affections of men to this kinde of state Whence it is also that while others of the most curious in Philosophy tells us of Angells and the Supream Heavens being immediately Governed by the Maker of all things of the Planets and other Stars being ruled by the Sun and the separated Souls and the Aire being subject to the Moon they add together that upon Earth Kings are in like sort of Government as if naturall reason had first ordained them on earth by an unavoidable imitation of the Creator's providence used in that institution of Government in the Ayr Starrs and Heaven Neither do the antientest Gentiles speak of those elder times than with clear supposition of Monarchy even in the Infancy of the world And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies or Optimacies yet the more antient States there were in every place Monarchies as is expresly noted by Pausanias They are honored in all salutations not onely with kissing the hand but bowing the knee also in acknowledgment of their superiority to all Some are of opinion that this kind of Salutation came first to Rome from the old customes of the Asiatick Kingdoms For when the Persians meet you may know whether they be equall or not for in salutation they kisse each other but if one be somewhat inferior they kisse onely the cheek but if one be more ignoble he falls down adoring the other and passing by one another he turns his back as unworthy to look him in the face that is so much above him in honor The Ceremonies at his Coronation are many and in England more than any other Countries As the annoynting with Oyl the sacred Consecration which is to no other Kings but France Sicily and Jerusalem and his Crown fell on his head with many Religious Ceremonies which Spain Portugall Aragon and Navar c. have not besides the Ensignes of Regality which are a Ring to signifie his faithfulnesse a Bracelet for good works a Scepter for Justice a Sword for vengeance Purple 〈◊〉 to attract reverence and a Diadem triumphant to blazon his glory The Ceremony of Anointing every one almost understands to have been an Institution as old as the Law of God almost for though we find no speciall command in the Law delivered for it yet we find examples of it in a continued succession from God's own people and that with the holy Oyl with which none by the command in the Law were to be anoynted but the Priest which Oyl never wasted And that this hath been no Innovation among us is proved by Mr. Selden who makes it appear to be of above a thousand years standing before it was either in the Empire or France Though they have had it in France a long time and they say by divine Institution 〈◊〉 upon us for their authority the Miracle of a Dove that brought a Vial of holy Oyl from Heaven to anoynt King Clovis the first about five hundred years since Christ which Oyle they say hath never wasted It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capite etiam Pectore Brachiis quod 〈◊〉 ficat gloriam sanctitatem fortitudinem Kings are annointed on the Head to signifie their glory on the Breast to 〈◊〉 〈◊〉 their sanctity on their Arms to 〈◊〉 their power He is Crowned with an Imperiall Crown the Crown set on his head by the Archbishop of Canterbury a Prerogative to that See as it is in Spain to Toledo in France to Rheims and in Swethen to Upsalia But this Imperiall Crown hath not been long in use among us though our Kings have have had Imperiall Commands as over Scotland Ireland Man and other 〈◊〉 yet of Ireland they were but Lords untill the 33 year of Henry the eighth he being notwithstanding as absolute a Monarch over it when he was but Lord of Ireland as when he was styled King The Crowns formerly were but the same in a manner with that of an Earl now Neither is it to be found that any such thing as a Diadem was in use at all till the time of Constantine 〈◊〉 Great the distinction before being some kind of Chaplet or which is most certain a white silk Fillet about the brows which was an ordinary way to distinguish them as I have my self seen Statues of the Emperor with such a kind of Fillet about the head From whence is that which we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first that was Crowned with this kind of Imperiall Crown floryed and arched was Henry the third say some but others Henry the first and indeed it is left disputable to me so by me to others However it is very probable and plain that the antientest
Ensign of Regall Authority was the Scepter which is every where spoken of both in the Scriptures and profane Stories There is another Ensign of their Authority which is a Globe with a Cross in use amongst us ever since Edward the Confessor which is placed in the left hand as is seen in most of their Coyns the Cross denoting his Faith and the Globe his Empire both by Sea and Land as it is said of Justinian who was the first Emperor that ever had it At the Coronation of the Emperor it is carried by the Count Palatine of the Rhine where they call it Pomum Imperiale This power dignity and state hath been enjoyed by the Female sex as heirs descending by the common right of Inheritance and not onely in our parts but many others as at this day in Swethen when there is not the least punctilio of a diminution in respect of the Sex Besides for an addition to the honor of a King there is the same state allowed to a Queen during the life of her husband as to a Queen absolute almost and is allowed a Crown She is called Queen from the Saxon word Cuningine as King from Cuning onely by variation of the gender as it was their manner in such cases She is permitted to sit in State at the King 's right hand and to keep a Court distinct from the King although she be but the daughter of an Earl But this was in the time of King Edgbert prohibited and so for a long time continued by reason of Eadburgh who poysoned her husband King Brithick of the West-Saxons And if she be the daughter of a King Superior to her husband she may retain the dignity of her father's daughter and in this case the daughter hath preceded the mother And although in these latter times our Monarchy hath been reduced under the circumference of one Crown Imperiall no others having any other substitute Governors crowned Yet formerly both Scotland and Ireland had King's distinct whilst they acknowledged homage to the Crown of England as also the isles of Man and Wight The Kings of Man were first subject to the Kings of Norway then to the Crown of England and after to the Kings of Scotland and since again to the Kings of England Dominus hujus Insulae Rex vocatur cui fas est Corona aurea coronari The Lord of the Isle is called King and it is lawfull for him to be crowned with a Crown of gold Henry the second allowed with the same honor Roderig of Conaght to be King paying a homagery Tribute The Lord Beauchamp Earl of Warwick under Henry the sixth was in the like manner crowned King of the Isle of Wight Which is enough in this place as to the Dignity of a King Of the Emperor THe originall of this Title as it was long amongst the Romans denoted onely a Generall of an Army and not till the time of Julius Caesar translated to an honorary Title who being made perpetuall Dictator took also that of Imperator into his Title which hath continued in his Successors untill this day and became Superior to the Title of King that before was but substitute under it being yearly created in January and ended in September Which great change hapned upon the Victory of Caesar against Pompey at the Battle of Pharsalia This Title was onely taken up to supply that of King which had not long before been thrown out by Brutus and was supposed by the Usurper to be yet fresh in their memories and odious amongst them and it was long after before they used the Title of King though their power were as much and the Ceremonies and Ensignes of Regality the same and the Emperor's Throne at Rome was called Sedile regni But at last it grew to be as one and then the Emperor of Rome having subjected under his Jurisdiction many Kingdoms thought it however a title of more eminence and so retained it And though the title has not been so generally appropriated to our Crown yet our Kings have been styled Emperors and this Realm of England called an Empire So have the Kings of Spain and France But it is more peculiarly allowed or assumed by the Emperors of Germany who suppose that they have a right to the government of the whole world This Empire after it was divided to Constantinople and Rome and then again that Constantinople had lost it to the Turks it was removed to Germany and in the reign of Otho the third the Election granted to seven Princes of Germany the Archbishops of Mentz Trevers Cullen the Count Palatine of Rhine the Duke of Saxony the Marquesse Brandenburgh and the King of Bohemia then called Duke of Bohemia He hath had also the Superiority allowed him by all Secular Princes and whereas other Princes of Regall Authority are crowned with but one Crown he is with three the first of Iron which he receives of the Bishop of Cullen at Aquisgrane the second of Silver which he receives at Modena from the Bishop of Millan the third is of Gold wherewith he is crowned at Rome by the Pope And in latter Ages the title of King of the Romans is given to the Heir or him that is made or chosen Heir of the Empire and he is crowned and Jura Regalia given him though not so absolute as not to have a dependence on the Empire See Mr. Selden part 2. chap 1. The Ensignes of his Imperiall Dignity are a Crosse a Launce and a Sword a Scepter a Mond and a Crown and he is styled 〈◊〉 The Emperor of Russia is not Crowned but is adorned with a rich Cap of Purple neither is the Greek Sultan but vested with a mighty rich Tulipant But there though the Emperor have no Diadem yet the Sultanesse is adorned with a Rich Crown or Diadem Thus have I run through all the degrees of Honor and with as much brevity as so copious a Theam would allow of and for matter of precedency I think the method I have taken will save me the labour and I am unwilling to trouble the brains of the Ingenuous Reader with an unnecessary prolixity onely as to Offices of State because I have omitted them altogether I shall set down their places as in Princely Solemnities they are to be disposed In which those of the Crown are to precede all other of the Nobility that are not except the Blood Royall As the Lord Chancellor Lord Treasurer Lord President of the Privy Councel Lord Privy Seal These six also are placed next the Lord Privy Seal thus according to their state of dignity that is If he be a Baron to sit above all Barons if an Earl above all Earls Lord Great Chamberlain of England Lord High Constable of England Lord Marshall of England Lord Admirall of England Lord Great Master or Steward of the King's House Lord Chamberlain of the King's House So the King 's principall Secretary being a
Baron of the Parliament hath place above all Barons and if he be of a higher degree according to the former rule The Spirituall Nobility are thus placed The Archbishop of Canterbury The Archbishop of York Bishop of London Bishop of Durham Bishop of Winchester The two first are placed according to ancient dignity and the three last by act of Parliament and the rest of the Bishops to take their places according to the seniority of Consecration Segar lib. 4. cap. 24. By an Act of Parliament An. 31. Hen. 8. See the Act in Mr. Selden's Titles of Honor. So all men serving near unto the Prince's Person either Civil or Military are allowed a precedency in pari dignitate and themselves according to his seniority of place As to their precedency otherwise Dukes Marquesses Earls Viscounts and Barons are to take their places according to the antiquity of their Title and their Ancestor's creation and their Wives accordingly A Duke's eldest son takes place as a Marquesle but beneath him and his Wife beneath a Marchionesse and if she be the daughter and heir of a Duke she shall go before all Duke's eldest sons wives and however are equall to a Marchionesse but to go beneath them and the younger sons of Dukes are in equall degree with an Earl but to go beneath him and Marquesles eldest sons and their Ladies to take place accordingly So the eldest son of a Marquesse as an Earl and the younger as Viscounts and their Ladies and sisters to take place accordingly as before An Earl's eldest son takes place as a youngest Viscount and the younger as Barons their wives and sisters accordingly Viscounts eldest sons as Barons and their youngest sons to take place with Barons eldest sons above Knights Baronets by an Act of King James and above all Bannerets but those made by the King himself under the Stander and all Knights Batchelers Of Women NOw lest I should be thought malitious to a Sex I owe much honor to before I conclude I shall take some short observations more then already I have And first that although they are not allowed to sit in Parliament yet do they enjoy almost all priviledges due to the other Sex The honorable Feminine Dignities are Princesse Dutchesse Marchionesse Countesse Vicountesse and Baronesse Which are either by Creation by Descent or by Marriage This honor by Creation as it is rare amongst us so it is more rarely taken notice of though many examples have been as Richard the second created Margaret Countesse of Norfolk into the title of Dutchess of Norfolk See the Charter in Mr. Selden Anne Bullen was created Marchionesse of Pembrook by Hen. 8. limited to her and the heirs males of her body to be begotten with creation-mony of twenty five pounds per annum and the ceremony of Mantle and Coronet The Lady Finch was by King James created Vicountesse of Maidston to her and her heirs of her body with speciall clause that her heirs male should have a voice in Parliament and afterward she was likewise made Countesse of Winchester c. Of these Titles thus conferred Sir John Fern takes no notice though else he discourses largely enough By Descent we have continuall examples When any daughter of an Earl or Vicount shall continue a Virgin or marry an Esquire she shall retain that honor that springs from her father's blood take place according and be saluted by the Title of Lady Which word Lady came from Hleafdian or Leafdian by contraction in the Teutonick and so Lafdy and thence Lady as from Laford Lord. The word Laf signifying bread and Dian serve It seems from that they called those persons that for their quality could entertain others and distribute corn and bread to their neighbours by that Title And of old though in the Empire and here the word Dominus was used in generall for salutation amongst men of all sorts yet Domina onely to persons of honor amongst women as the widows of all Tenants in chief and daughters and heirs of all Knights c. The heirs females of any Count or Baron shall enjoy both the Estate divided and Titles too if they be to be divided and they shall be enjoyed by their husbands if they marry in the right of their wives So that if there be two or three or more sisters to share the estate and the honors and dignities inherent be enough they shall enjoy every one one as in the case of the Earldom of Pembrooke in the time of Edward the third and now the Lord Darcy of the North by the same right enjoys the title of the Lord Conyers But this holds not when the title is held by Jus gladii or Knight's service or if the Honor be in any Castle or place onely it cannot be divided but falls and dissolves in the Crown or left to the disposing of the King And again if the estate of honor and dignity be not descending to the heirs generall but entail'd to the heirs male it cannot be the inheritance of a daughter as many times it is But we may understand this the better by that more eminent demonstration of high Offices of the Kingdom which descending by inheritance on the heirs generall have been challenged by the husbands of heirs female in right of their wives the Descent-male failing as in the case of the Duke of Buckingham in the time of Henry the eighth challenging the Office of High-Constableship of England The Office of Lord Steward descended to Blaunch daughter of Hen. Earl of Lancaster in whose right Joh. of Gaunt her husband enjoy'd it So the Office of Earl Marshall descended to the house of Norfolk by an heir female afterward being forfeited by treason was conferred to the Lords Howards of Arundell And in this and all such Descents where there are not dignities enough to allow a partition to all the Sisters but the Honor shall be undividable it shall descend to the eldest or be disposed by the King to which he please And for ennobling by birth these rules are observed That if a Gentleman Knight or Baron do marry a wife of ignoble parents she shall enjoy the title name and dignity of her husband For saith Sir John Fern let the wife be shining and glorious with the dignities of her husband Whereas on the contrary if a Gentlewoman of blood and Coat-Armor shall marry a Francklin Yeoman or the like that is ignoble having no Coat-Armor his condition is no whit advanced by marriage in point of honor Although let him be inferior to her whom she shall marry yet she shall retain the honor state and dignity she was born to But there is this Law for them to walk by too that is Si mulier nobilis nupserit ignobili desinit esse nobilis that is If a Noble-woman marry with an ignoble her nobility is extinguished for she is under the power of her husband and ought not to be in