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
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
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
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
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
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
Scotch Kings to our gracious Soveraign Charles the Second into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body under a Head unto which each one may justly claim an interest God hath thus restored our ancient Government and seated our Soveraign in the Throne of his Ancestors giving him a power just and absolute as well to preserve as curb his people being not only Major singulis but Major universis and his power is super totam Rempublicam which I thus prove Either the whole power of the Commonwealth is in one or not if not then he is no absolute King or Monarch but if he be as all must yield a Monarch I ask if there be a power in the Commonwealth which is not in him Is it subordinate to his power or not If subordinate than his power is above that power and so super totam Rempublicam Major universis if it be not then there are a simul semel to Supream Civil Powers in the same individual Kingdom and Gubernation and yet divided against it self which is most absurd and impossible This in Answer to a monstrous Pamphlet which the lasciviousness of our late unhappy Wars produced which asserted Rex minor universis But the Divine Providence hath I hope put a period to all such Trayterous Tenents and concluded such Disputes by Acts of Parliament so that no person for the future shall dare to question who hath the right of making Peace or War the power of Militia by Land and Sea all strong Holds and Forts c. being the inherent right of the English Monarchs by their Prerogative Royal. The King is God's Vicegerent and ought to be obeyed accordingly If good he is a blessing if bad a judgment and then against whom we are to use no other weapons but prayers and tears for his amendment He is styled Pater Patriae Caput Reâ—publicae and because the protection of his Subjects belongs to his care and office the Militia is annext to his Crown that the Sword as well as the Scepter may be in his hand The Parliament then all Roman Catholicks in the behalf of Henry the Eighth writ to the Pope declaring that his Royal Majesty is the Head and the very Soul of us all his 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 Camden in his Britannia fol. 100. calls the King the most excellent part of the Commonwealth next unto God He is under no Vassuage he takes his Investure from no man Rex non habet Superiorem nisi Deum satìs habet ad poenam quod Deum expectat ultorem In England France Spain c. Kings are styled Dei Gratia c. and as the French King is said to be Rex Francorum Christianissimus the most Christian King of France The King of Spain the most Catholick The Emperour the Defender of the Church So the Kings of England by a Bull from Pope Leo the Tenth sent to King Henry the Eighth for a Book of Controversie written by him against Luther have the Title of Defenders of the Faith and by Act of Parliament he is declared Supream Head of the Church of England It is the manner also for Kings to write in the plural Number which is God's own style Mandamus Volumus c. and in the Scripture we find them called Gods in which sense they may be styled Divi or Dii quia Dei Vicarii Dei voce judicant Our Lawyers also say Rex est persona mixta cum Sacerdote habet Ecclesiasticam Spiritualem Iurisdictionem This shews the King's power in Ecclesiastical Causes being anoynted with Oyl as the Priests and afterwards the Kings of Israel were which signifies his person to be both Sacred and Spiritual And therefore at the Coronation hath put upon him a Priest's Garment called the Dalmatica or Colobium and other such Vests And before the Reformation the King as a Spiritual person received the Sacrament in both kinds He is capable of holding Tithes all Extra-Parochial Tithes some Proxies and other Spiritual profits belong to the King The Ceremonies at the Coronation of the King are many and with us in England more than in many other Countries As the Anoynting with Oyl which is proved by Mr. Selden to be of above one thousand years standing the Crown set upon his Head with many Religious Ceremonies besides the Ensigns of Regality which are a Ring to signiâ—ie his Faitâ—fulnes a Bracelet for Good Works a Scepter for Justice a Sword for Vengeance Purple Robes to attract Reverence and a Diadem triumphant to blazon his Glory It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capiâ—e etiam pectâ—re brachâ—is quod significat gloriam sanctitatem forâ—â—nâ— inâ—â—n King's are Anoynted on the Head to signiâ—â—e their Glory on the Breast to Emblematize their Sanctity and on their Arms to declare their power He is crowned with an Imperial Crown the Crown set on his Head by the Arch-bishop of Canterbury a prerogative belonging to that See as it is in Spain to Toledo in France to Rheims and in Sueden to Vpsalia But this Imperial Crown hath not been long in use amongst us though our Kings have had Imperial Commands as over Scotland Ireland Man and other Isles being in a manner like that of an Earls now Neither is it found that any such thing as a Diadem was at all in use until the tune of Constantine the Great For before the distinction was some kind of Chaplet or rather a white silk Fillet about the Head which was an ordinary way to distinguish them And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first King that was crowned with this Imperial Crown floried and arched was Henry the Third but some say Henry the First and indeed it is left in dispute However it is very probable and plain That the ancientest Ensign of Regal Authority was the Scepter which is every where spoken of both in Scripture and Prophane History There is another Ensign of their Authority which is a Globe or Mound with a Cross which hath been in use amongst us ever since Edward the Confessor's time which is placed in the left hand as is seen in most of their Coyns The Cross denoting his Faith the Globe his Empire by Sea and Land as 't is said of Iustinian the Emperor who was the first that ever used it The Office of the King of England according to Fortescue Pugnare bella populi sui eos rectissime judicare to fight the Battels of his people and to see Right and Justice done unto them or more particularly as is promised at the Coronation to preserve the Rights and Priviledges of Holy Church the Royal Prerogatives belonging to the Crown the Laws and Customs of the
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
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
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
Forty years in which time he created eight Barons and had Iura Regalia within the County Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
He hath the Title of Grace and Most Reverend Father in God He hath the Honour to Crown the Queen and to be her perpetual Chaplain He is also styled Primate of England and Metropolitan of his Province He hath the Rights of a County Palatine over Hexamshire in Northumberland He may qualifie Chaplains and hath divers other Prerogatives which the Archbishop of Canterbury hath within his own Province but Durham being one hath in many things a peculiar Jurisdiction exempted from the Archbishop Priviledges belonging to the Bishops are as followeth IN their own Court they have power to judge and pass Sentence alone without any Colleague which is not done in any other Court And therefore the Bishops send sorth their Citations in their own Names not in the King 's as the Writs in other Courts run They may depute their Authority to another as doth the King either to their Suffragan-Bishops their Chancellors Commissaries or other Officers which none of the King's Judges can do In whatever Prince's Dominions they come their Episcopal Dignity and Degree is owned they may confer Orders c. whereas no Lay-lord is acknowledged but in the King's Dominions who gave him the Title None of them can be Indicted of any Crime before a Temporal Judge without especial Licence from the King A severe penalty to be inflicted on them that raise any Scandal or false Report In a Tryal where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay-lord challenge the Array if one Knight at least be not returned upon the Jury In Criminal Tryals for life all Bishops are to be tryed by their Peers who are Barons and none under that Degree to be impanelled but anciently they were exempted from any Tryal by Temporal Judges In Parliament they may Vote in any thing but in sentence for Life or loss of Member they being by Common Law to absent themselves and by Common Law to make Proxies to Vote for them They are freed from all Arrests Outlawries Distresses c. They have liberty to hunt in any of the King's Forests or Parks to take one or two Deer coming or going from the King's Presence and to have Wine free from Impost c. Their Persons may not be seized for Contempt but their Temporalities only and their word only is to be taken and their Certificate allowed in the Tryal of Bastardy Heresie c. And such respect has been shewed their Persons that an Offence by a Clergyman to his Bishop is called Episcopicide and punished as Paracide equal to petty Treason Every Bishop may qualifie as many Chaplains as a Duke They are all Barons and Peers of the Realm and have place in the upper House of Parliament as afore noted and take place according to Seniority of their Consecration except London Durham and Winchester who precede by Statute made in the Reign of King Henry the Eighth It will not be amiss to speak somewhat of the Immunities common to all Ecclesiasticks as well Commons as Lords Spiritual as followeth All Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars have priviledge some by themselves others by proxy to sit and vote in the lower House of Convocation No Subsidy or other Tax can be imposed upon them without their own consent No Clergyman may be compelled to undergo any personal Service in the Commonwealth nor to serve in the Wars or to bear any servile Office They are free from the King's Purveyors Carriers Posts c. for which they may demand a protection from the King cum clausula nolumus They are not obliged to appear at the Sheriffs Turns or Views of Frank pledge nor are impanelled to serve upon Inquests at Assizes or elsewhere If a Clergyman acknowledge a Statute his Body shall not be taken thereupon for the Writ runs Si Laicus sit c. Their Goods are discharged from Tolls and Customs si non exerceant Merchandizas de eisdem but they must have the King 's Writ to discharge them As the Clergymen are exempted from the Wars being by reason of their Function they are prohibited the wearing a Sword so every man in the order of Priesthood is debarred the Order of Knighthood of the Sword cum eorum militia sit contra mundum carnem diabolum saith Sir Iohn Fern yet laying aside their Cures and also lying themselves to a secular life they have been admitted Dei natalin saith Matth. Paris Iohannem de Gatesden clericum multis ditâ—atum beneficiis sed omnibus resignatis quia sic oportuit Baltheo cinxit militari These and many other Rights Liberties and Priviledges belong to the Clergy of England all which the King at his Coronation solemnly swears to preserve to them And they have been confirmed by above Thirty Parliaments and if any Act be made to the contrary it is said to be Null by the Statute of the 4 th of Edward the Third OF BARONS CHAP. IX AMONGST the Nobles and Honourable Persons Barons have the next place And first of the Dignity and Degrees of a Baron in general Secondly of the Etymology of the Name Thirdly of the Antiquity thereof and of the divers uses in former Ages Fourthly of the Division and the consideration of the several kinds of Barons And lastly a Declaration of the divers and sundry Priviledges allowed them and the rest of the Nobles by the Laws of this Realm The Definition or Description of a Baron IT is a certain Rule in Law Definitiones in jure sunt periculosissimae earum est enim 〈◊〉 non subverti possunt and therefore I do not often find any Definition or Description of a Baron delivered by Writers nevertheless in this our Kingdom it is my Opinion that a Baron may be described in a generality answerable unto every special kind thereof in this manner A Baron is a Dignity of Nobility and Honour next unto the Viscount And the Books of Law do make a difference between Dukes Marquisses Earls and Viscounts which are allowed Names of Dignity and the Baron for they affirm That such a Baron need not to be named Lord or Baron by his Writ but the Duke Marquiss Earl or Viscount ought to be named by their Names of Dignity Cambden fol. 1692. saith That our Common Laws do not allow a Baron one of the Degrees of Nobility But I take it to be understood of Barons by Tenure or Barons by Writ only For the Title of a Baron by Patent is in his Letters Patents under the Great Seal of England adorned by the name of Status Gradus Dignitas and therefore is requisite to be named And such Dignities are a parcel of the Name of the Pohenor as well as the Title and Style of a Duke Marquiss Earl or Viscount And although there may be conceived this Difference last mentioned between the Baron by Tenure or Writ and the Baron by Patent yet they being all Members of the higher House of Parliament they are thereby equally made Noble
Honourable and Peers of the Realm as they are Barons without any other distinction The Etymology of the Name of Baron MAny Writers have laboured to place the Etymology and signification of this word wherein following too much their own Fantasies they have bred much variation of Opinion As for Etymology of words I agree with him that saith it is Levis fallax Effigies Illustrissimi DniÌ„ Caecilij Calvert Baronis BALTEMORE de Baltemore in Regno Hibernice Absoluti DniÌ„ et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etc a. Abra Blotling sculp The Right Honourable George Lord Nevill Baron of Abergâ—venny in Monmouthshire â—â— The Right Honourable Iames Lord Touâ—hett Baron Audley of Hâ—leigh in England and Earle of Castle haâ—en in Ireland c a. The Right Honourable Charles Lord Weâ—â— Baron De la Ware in Hantshire The Right Honourable George Lord Berkley of Berkley c a. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour c a The Right Honourable Thomas Lord Parker Baron Morley and Monteaglâ— in Lancashire The Right honourable Conyers Lord D'Arcy Baron D'Arcy and Menil in Yorkshire The Right Honourable Benjamin Lord Mildmay Baron Fitzwater The Right Honourable William Lord Sturton Baron Sturton of Sturton in Wiltshire The Right Honourable Henry Lord Sandis Baron Sandis of the Vine in Hantshire The Right Honourable Thomasâ— Lord Windsor Lord Leivetenant of Worcestersh and one of the Lords of his Ma â—â—s most honble Privy Councel for the Kingdome of Ireland The Right Honourable Thomas Lord Cromwell Baron of Oakham in Rutlandsh and Earle of Arglast Viscount Lecaile in the Kingdome of Ireland The Right honble Ralph Lord Eure Baron of Wilton in the County of Northumberland ct The Right Honourable Phillip Lâ—â—â— Wharton Baron of Wharton in The County of Westmoreland The Right Honourable Iohn Lord 〈◊〉 Baron Willoughby of Parhâ—m in Lincolnshire The Right Honourable William Lorâ— Pagâ—â—◠〈◊〉 of Beaudefert in the County of Stafford The Right Honourable Charles Loâ—◠〈◊〉 of Cartlidge in ye. County of Canâ—â—râ—â—â— and Baron Grey of Roleston The Right Honourable William Lord Bruges Baron Chandois of Sudley Castle in Glocester shire The Right Honourable Iames Lord Bertue Baron Norris of Rycott in Oxford shire brother to the Right Honourable Robert Earle of Lindsey ct The Right Honourable William Petre Baron of Writtle in Essex The Right Honourable Digby Gerard Baron of Gerardsâ— Bromley in Staffordshire The Right honble Charles Lord Stanhope Baron of Harrington in the County of Northampton c a. The Right honble Henry Lord Arundell Baron of Wardure in Wiltshire and Count of the Empire The Right Honourable Christopher Lord Roper Baron Tenham of Tenham in Kent The Right Honourable Robert Grevill Baron Brook of Beauchamps Court in Warwickshire Ld. Leivtenant of Staffordshire The Right Honourable Edward Lord Montague of Boughton decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury The Rt. honble Ralph Lord Grey Baron of Warke c â— of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th created Earle of Tangverville in the said Kingdome The Right Honourable Iohn Lord Roberts Baron of Truro in Cornwall and one of the Lords of his maties most Honourable Privy Councell c a. The Right Honourable Iohn Lovelace Baron of Hurley in Barkshire The Right Honourable Iohn Lord Poulet Baron of Hinton St. George in Somerset shire The Right Honourable William Maynard Baron of Estaines in Essex and Baron Maynard of Wicklow in Ireland Comptroler of his Mtys household and one of the Lords of his most Honourable privy Councell The Right Honourable George Coventry Baron of Alesborough in Worcestershire The Right Honourable Thomas Howard Baron of Escricke in Yorkshire The Right honble Charles Lord Mohun Baron Mohun of Okehampton in Devonshire the Right honble Edward Lord Herbert Baron of Cherbury in Montgomeryshire and of Castle Island in Ireland and one of the Lords of his matyâ— most honble privy Councell for the Kingdom of Irelandâ— The Right honble Thomas Lord Leigh Baron Leigh of Stoneley in Warwick-shire The Right honble Richard Lord Biron Baron of Rachdale in Lancashire The Right honble Christopher Lord Hatton Baron of Kirby in Northamptonsh Governor of the Isle of Gemsey ct The Right honble Richard Lord Vaughan Baron of Emlyn in England and Earle oâ— Carbery in Ireland and one of the Lds of his Majestys most honble Privy Councell The Right honble Francis Lord Carrington Baron of Wotton in Warwicksh Viscount Bâ—rreford in the Kingdome of Ireland The Right honble William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne The Right Honourable Edward Lord Ward Baron of Bermingham in the County of Warwick The Right honble Thomas Lord Culpeper Baron of Thornsway in Kent The Right honble Iacob Lord Astley Baron of Reding in Berkshire The Right Honourable Charles Lord Lucas Baron of Shenfeild in the County of Essex the Right honble John Lord Belasis Baron of Worlabye in Lincolnshire the Right honble Edward Watson Baron Rockingham of Rockingham in Northamtonshire son of Lewis Lord Rockingham by the Lady Elianor sister to Iohn Earle of Rutland now living An. 1625 The Right Honourable Charles Lord Gerard Baron of Brandon in Suffolk Gentleman of his matys Bedchamber The Right honble Robert Sutton Baron Lexington of Axam in Nottingham shire The Right Honourable Charles Henry Lord Kirkhoven Baron Wotton of Wotton in Kent The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland The Right honble William Lord Crofts Baron of Saxham in Suffolk Oâ—e of the Gentlemen of his matys Bedchamber The Right honble Iohnâ— Lord Berhley Baron of Stratton in Somersetshire One oâ— the Lords of his Majestys most honble Privy Councell The Right honble Denzell Lord Holles Baron of Ifield in Sussex Lord high Steward of the Honors Manor s and Revenews of the Queens Custos Rotolorum of Dorset shire The Right Honourable Charles Lord Cornwallis Baron of Eye in Suffolke c a. The Rt. honble George Lord Booth Baron De la Mer of Dunham Massey in Cheshire c a. The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke Lord Leivetenant of the said County c a. The Right Honourable Iohn Lord Crew Baron of Stean in Northampton shire The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire The Right Honourable Richard Lord Arundell Baron of Trerife in Cornwall The Right honble Thomas Butler Earle of Ossâ—ry in Ireland Baron Butler of More Park in Hereford shire Eldest Son to his Grace Iames Duke of Ormond Kt of the Garter one of the Gentlemen of his matys Bedchamber and Lords of his most Honourable privy Councell c a. The Right Honorbl Hugh Lord Clifford Baron of Chudleigh
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
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
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
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
personal Installation of a Knight in seven Sections 1. That Installation gives the Title of Founder 2. Of the time and place appointed for Installation 3. Of Commissions for Installation 4. Of Letters of Summons 5. Of Warrants for the Livery of the Order 6. The removal of Atchievements and Plates And 7. preparations made by Knights Elect. Chap. XII Treats of the personal Installation of a Knight-Subject in eleven Sections 1. Of the Cavalcade to Windsor 2. The Offerings in the Chappel on the Eve of the Installation 3. The Supper on the Eve 4. The order in proceeding to the Chapter-house 5. The Ceremonies performed in the Chapter-house 6. The proceeding into the Choire 7. The Ceremonies of Installation 8. The order observed when two or more Knights are installed in one day 9. The Offerings of Gold and Silver 10. The grand Dinner at the Installation And 11. of setting up the Knight's Atchievements Chap. XIII Treats of the Installation of a Knight-Subject by proxy in nine Sections 1. The original cause of making Proxies 2. Letters of Procuration 3. Qualifications of a Proxy 4. Preparations for Installations 5. Proceeding to the Chapter-house 6. Transactions in it 7. Proceeding to the Choire 8. Ceremonies performed there And 9. the grand Dinner Chap. XIV Treats of the signification of Election to Strangers in five Sections 1. In what time and manner Certificate is made for their Election 2. Of notice given of an Election before sending the Habit 3. Notice of Election sent with the Habit 4. Certificate of acceptation And 5. of an Election not accepted of Chap. XV. Treats of the Investiture of Strangers with the Habit and Ensigns of the Order in four Sections 1. The time for sending the Habit and Ensigns unlimited 2. Preparations made for the Legation 3. The Ceremonies of Investiture And 4. Certificates of having received the Habit and Ensigns of the Order Chap. XVI Treats of the Installation of a Stranger by Proxy in thirteen Sections 1. Touching the choice and nomination of a Proxy 2. The Proctor's qualifications 3. His Letters of Procuration 4. Of the Proctor's Reception 5. The preparations for Installation 6. The Proctor's Cavalcade to Windsor 7. Supper after his arrival there 8. Of the proceeding to the Chapter-house 9. The Ceremonies performed therein 10. Of the proceeding to the Choire 11. The Ceremonies of Installation 12. The Proctor's Offerings And 13. the Dinner Chap. XVII Treats of the Duties and Fees payable by the Knights-Companions at their Installations in four Sections 1. Concerning the Fees due to the Colledge of Windsor 2. Fees due to the Register Garter Black Rod and Officers of Arms 3. Fees belonging to others of the Sovereign's Servants And 4. Fees payable for Strangers Chap. XVIII Treats of the Grand Feast of the Order in ten Sections 1. The Grand Feast appointed to be annually kept on St. George's day 2. The Anniversary of St. George fixed by the Church unto the Three and twentieth of April 3. St. George's day made Festum duplex 4. The place for celebrating the Grand Feast assigned to Windsor Castle 5. St. George's day kept apart from the Grand Feast and how then observed 6. The Grand Feast neglected by King Edward the Sixth 7. Removed from Windsor by Queen Elizabeth 8. Of prorogation of the Grand Feast 9. Of Commissions for prorogation And 10. that the Grand Feast ought to be celebrated once every year Chap. XIX Of preparations for the Grand Feast of the Order in eight Sections 1. Of Letters giving notice of the time and place 2. Of Dispensations for not attending at the Grand Feast 3. Of Commissions of Lieutenancy and Assistance 4. Warrants for the Removal of Atchievements 5. Scutcheons of Arms and Styles 6. Of adorning the Chappel 7. The furnishing of St. George's Hall And 8. Officers and Servants appointed to attend at the Grand Feast Chap. XX. Treats of the order of the Ceremonies on the Eve of the Grand Feast in seven Sections 1. Of the beginning of the Grand Feast 2. Of setting the proceeding in order 3. Of proceeding to the Chapter-house 4. Of the opening of the Chapter 5. Transactions in the Chapter held before the first Vespers 6. The Ceremonies relating to the first Vespers And 7. the Supper on the Eve Chap. XXI Treats of the Order of the Ceremonies on the Feast day in nine Sections 1. The proceeding to the Chappel in the morning 2. The proceeding to the second Service 3. Of the Grand Procession 4. The order of the said Service 5. The Offering of Gold and Silver 6. The return to the presence 7. Of the Dinner on the Feast-day 8. The Ceremonies belonging to the second Vespers And 9. of the Supper on the Evening of the Feast-day Chap. XXII Treats of the Ceremonies observed on the last day of the Feast in four Sections 1. Of proceeding to the Chapter-house in the morning 2. Of the elect Knights proceeding into the Choire 3. Of the Ceremonies performed at Divine Service And 4. the Diets at some of the Grand Feasts Chap. XXIII Treats of the Observations of the Grand Feast by absent Knights in five Sections 1. Absent Knights enjoyned to observe the Grand Feast 2. More particular directions for their observation thereof 3. How to be observed in case of Sickness 4. In what manner the Feast hath been observed by absent Knights And 5. Dispensation for absence granted during life Chap. XXIV Treats of Degradation of a Knight-Companion in three Sections 1. Of the Degradation of a Knight Batchelor 2. The manner of Degrading a Knight-Companion of the Garter And 3. of Restauration into the Order after Degrading Chap. XXV Treats of Honors paid to deceased Knights-Companions in four Sections 1. Of the celebration formerly of Masses for defunct Knights-Companions 2. Of fixing on the Stalls Plates of their Arms and Styles 3. The Offering of Atchievements And 4. of depositing the deceased Knights Mantles in the Chapter-house Chap. XXVI Treats of the Founder the first Knights-Companions and their Successors in four Sections 1. Of what number they consisted 2. A short view of the Founder's Wars 3. Some account of the first Five and twenty Knights-Companions And 4. a Catalogue of their Successors OF Knights Bannerets CHAP. XVIII THIS Degree of Knighthood called by some Equites Vexillarii or Chevaliers a Banier is a most ancient Order having been used in England ever since King Edward the First and hath been always conferred on most deserving persons for their signal Valour as I shall anon take occasion to speak of 'T is the Judgment of some Antiquaries that these Bannerets were once used as a part of the three States of the Realm and that it was the Custome of Kings hertofore to summon by Writ the Lords Spiritual and Temporal with such other worthy persons of this Order as they thought fit to call to consult about the Publick Affairs of the Kingdom which persons thus assembled were then called a Parliament And that those Bannerets often serving their King
have precedency before all Knights except those of the Garter Bannerets and Privy Councellors they are styled Baronets in all Writs Commissions c. and the addition of Sir is attributed unto them as the title of Lady is to their Wives They are to take place according to the priority of the date of their Patents and no Honour is to be created between Baronets and Barons At the first instituting of this Order King Iames engaged that they 〈…〉 two hundred in number and after the said number should be compleated if any for want of an Heâ—r Male should be extinct there should never any more be created in their room but that the title should diminish to the honour of them remaining But afterwards a Commission was ordained to fill up the vacant places who had instructions also enacted by which the Commissioners were impowered to treat with others that desired to be admitted into the said Dignity which is now allowed without limitation yet with this Proviso that they be of good Reputation and descended of a Grandfather at the least by the Father's side that bare Arms and have also a certain yearly Revenue of One thousand pounds per Annum de claro It is also ordained that they and their Descendants viz. their eldest Sons attaining the full Age of One and twenty years may receive Knighthood and that they shall in a Canton or in an Escocheon which they please bear the Arms of Vlster viz. in a Field Argent a sinister hand couped at the wrist Gules In the King's Army Royal they have place in the gross near the King's Standard and are allowed some peculiar Solemnities for their Funerals Since the first Creation of Baronets in England there hath been several made after the like manner in Ireland as also the Knights of Nova Scotia in the West Indies by King Iames upon the like design that is for planting that Country by the Scotch Colonies and the Degâ—â—es likewise made Hereditary By the King THE INSTRUCTIONS Within mentioned to be observed by Our COMMISSIONERS WITHIN NAMED FOrasmuch as We have been pleased to authorize you to treat and conclude with a certain number of Knights and Esquires as they shall present themselves unto you with such offers of assistance for the service of Ireland and under such Conditions as are contained in these Presents wherein We do repose great trust and confidence in your discretions and integrities knowing well that in such cases there are so many circumstances incident as require a choice care and consideration We do hereby require you to take such course as may make known abroad both Our purpose and the authority given unto you That by the more publick notice thereof those persons who are disposed to advance so good a Work may in time understand where and to whom to address themselves for the same For which purpose We require you to appoint some certain place and times for their Access which We think fittest to be at the Council Chamber at Whitehall upon Wednesdays and Fridays in the Afternoon where you shall make known to them as they come that those who desire to be admitted into the Dignity of Baronets must maintain the number of thirty foot Souldiers in Ireland for three years after the rate of eight pence sterling money of England by the day And the wages of one whole year to be paid into Our Receipt upon the passing of the Patent Provided always that you proceed with none except it shall appear unto you upon good proof that they are men for quality state of living and good reputation worthy of the same And that they are at the least descended of a Grandfather by the Father's side that bare Arms and have also of certain yearly revenue in Lands of inheritance in possession One thousand pounds per Annum de claro or Lands of the old Rent as good in accompt as One thousand pounds per Annum of improved Rents or at the least two parts in three parts to be divided of Lands to the said values in possession and the other third part in reversion expectant upon one life only holding by Dower or in Ioynture And for the Order to be observed in ranking those that shall receive the Dignity of a Baronet although it is to be wished that those Knights which have now place before other Knights in respect of the time of their Creation may be ranked before others Caeteris paribus yet because this is a Dignity which shall be Hereditary wherein divers circumstances are more considerable than such a Mark as is but Temporary that is to say of being now a Knight in time before another Our pleasure is you shall not be so precise in placing those that shall receive this Dignity but that an Esquire of great Antiquity and extraordinary Living may be ranked in this choice before some Knights And so of Knights a man of greater living more remarkable for his house years or calling in the Common-wealth may be now preferred in this Degree before one that was made a Knight before him Next because there is nothing of Honour or of Value which is known to be sought or desired be the Motives never so good but may receive scandal from some who wanting the same good affection to the Publick or being in other considerations incapable can be contented out of envy to those that are so preferred to cast aspersions and imputations upon them As if they came by this Dignity for any other consideration but that which concerneth this so publick and memorable a work you shall take order That the party who shall receive this Dignity may take his Oath that neither he nor any for him hath directly or indirectly given any more for attaining the Degree or any Precedency in it than that which is necessary for the maintenance of the number of Souldiers in such sort as aforesaid saving the charges of passing his Patent And because We are not Ignorant that in the distribution of all Honours most men will be desirous to attain to so high a place as they may in the Iudgment whereof being matter of dignity there cannot be too great caution used to avoid the interruption that private partialities may breed in so worthy a Competition Forasmnch as it is well known that it can concern no other person so much to prevent all such Inconveniencies as it must do our self from whom all Honour and Dignity either Temporary or Hereditary hath his only root and beginning You shall publish and declare to all whom it may concern That for the better warrant of your own Actions in this matter of Precedency wherein We find you so desirous to avoid all just Exceptions We are determined upon view of all those Patents which shall be subscribed by you before the same pass Our Great Seal to take the especial care upon Vs to order and rank every man in his due place And therein always to use the particular counsel and advice that
again into the Hall where he shall sit at Table with the Knights and being risen and retired into his Chamber his Attire is taken off and again clothed with a blew Robe having on his left Shoulder a Lace of white Silk hanging to be worn upon all his Garments from that day forwards till he have gained some Honour and Renown for some Feats of Arms or some Prince or Lady of Quality cut that Lace from his Shoulder After Dinner the Knights must come to the Knight and conduct him into the King's presence to return him thanks for these Honours and so takes his leave of the King and the Governours craving his pardon for any miscarriage and claiming their Fees according to the Custom of the Court also take their leaves of the Knight I shall conclude this Chapter with giving an Account of the Knights made at the Coronation of his Majesty Knights of the Bath made at the Coronation of his Majesty King CHARLES the Second EDward Lord Clinton now Earl of Lincoln Iohn Egerton Viscount Brackley eldest Son to the Earl of Bridgwater Sir Philip Herbert then second Son to the Earl of Pembroke Sir William Egerton second Son to the Earl of Bridgwater Sir Vere Fane second Son to the Earl of Westmoreland Sir Charles Berkley eldest Son to George Lord Berkley Sir Henry Bellasis eldest Son to the Lord Bellasis Sir Henry Hyde now Earl of Clarendon Sir Rowland Bellasis Brother to Viscount Faulconberg Sir Henry Capell Sir Iohn Vaughan now eldest Son to the Earl of Carbery Sir Charles Stanley Grandchild to the late Earl of Derby Sir Francis Fane Sir Henry Fane Grandchildren to the Earl of Westmoreland Sir William Portman Baronet Sir Richard Temple Baronet Sir William Ducy Baronet Sir Thomas Trevor Baronet Sir Iohn Scudamore Baronet Sir William Gardiner Baronet Sir Charles Cornwallis afterwards Lord Cornwallis Sir Iohn Nicholas Sir Iohn Monson Sir Bourcher VVray Sir Iohn Coventry Sir Edward Hungerford Sir Iohn Knevett Sir Philip Boteler Sir Adrian Scroop Sir Richard Knightley Sir Henry Heron. Sir Iohn Lewkenor Sir George Brown Sir William Tyrringhum Sir Francis Godolphin Sir Edward Baynton Sir Greville Verney Sir Edward Harley Sir Edward VValpool Sir Francis Popham Sir Edward VVise. Sir Christopher Calthrop Sir Richard Edgcombe Sir William Bromley Sir Thomas Bridges Sir Thomas Fanshaw Sir Iohn Denham Sir Nicholas Bacon Sir Iames Altham Sir Thomas VVendy Sir Iohn Bramston Sir George Freeman Sir Nicholas Slaning Sir Richard Ingoldsby Sir Iohn Rolle Sir Edward Heath Sir William Morley Sir Iohn Bennet Sir Hugh Smith Sir Simon Leech Sir Henry Chester Sir Robert Atkyns now one of the Justices of the Common Pleas. Sir Robert Gayre Sir Richard Powle Sir Hugh Ducy Sir Stephen Hales Sir Ralph Bash. Sir Thomas VVhitmore OF Knights Batchelors With what is incident to that Degree of KNIGHTHOOD According to the Laws of England CHAP. XXI THE particular kinds of Services by which Lands of Inheritance are distinguished are two viz. Knights of Service and Knights of Soccage And in ancient time Tenure by Knights Service was called Regale servitiâ—m because it was done to and for the King and Realm and forinsecum servitium as appeareth in the 19 Edw. 2. Avowry 224. 26. Ass. p. 66. 7. Hen. 4. 19. Coke's seventh Part 8. a. Calvin's case because they who hold by Escuage ought to do and perform their Services out of the Realm Litt. 35. ideo forinsecum dici potest sit quia capitur foris hujusmodi servitia persolvuntur ratione Tenementorum non Personarum And as Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad so Soccage-Tenure commandeth the attendance at the Plough the one by Manhood defending the King or his Lord's life and person the other by industry maintaining with Rents Corn and Victuals his Estate and Family For Kings did thus order their own Lands and Tenements one part they kept and detained in their own hands and in them stately Houses and Castles were erected and made for their habitations and defence of their Persons and of the Realm also Forests and Parks were there made for their Majesties Recreation One other part thereof was given to the Nobles and others of their Chivalry reserving Tenure by Knights Service The third part was bestowed upon men of meaner condition and quality with reservation of Soccage-Tenure And in this manner the Dukes and Nobles amongst their Menials and Followers dissipated a great part of their Lands viz. to their Gentlemen of quality to hold by Knights Service and to other of meaner condition by Soccage-Tenure The Right Honourable S. Ioseph Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State c a. The Honourable Sr. Robert Atkins of Totteridge in Hertford shire and of Sapperton in Glocester shire Knight of the Bath and one of his matys Iustices of the ComÌ„on pleas c a. Sr. Iohn Bennet of Dawly in Midd sx Kt. of the honble order of the Bath Leivtenant to his maties Band of Gentlemen Pentioners and eldest brother to the Rt. honble Henry Earle of Arlington who was first maried to Elizabeth Countess of Mulgrave daughter to the Earle of Midd sx and now to Bridget Howe of the Family of Sr. Grubham Howe Sr. Robert Southwell Knight one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell câ—t Sr. Hugh Wyndham of Silton in Dorsetshire Kt. one of the Iustices of his matys Court of Comon pleas at Westminster eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire Kt who was lineally descended from the antient Family of the Wyndhams of Felbrigg in Norfolk â—ownâ—r therâ—of Sr. Thomas Daniell of Beswick in the East Rideing of Yorkshire Kt. Major to his matys Regiment of Foot Guards and Captaine of his matys Archchiffe Fort in Dover Sr. Thomas Mompessonâ— antiently Montpintsonâ— of Bathampton in Wiltshire Knight a person of eminent Loyalty and suffering in the late trouble whose Family have been of greate antiquity in the said County Sr. Thomas Lynch of Great Sonkey in Lancashire Kt. one of the Gentlemen of his matyâ— privy Chamber in ordinary and late Governour of his Ma â—â—â— Island of Jamaica decended of the Lincâ—â—s of Groves in Kent and is now maried to Vere Herbert 2â— daughter of Sr. Edw Herbert sometyme Lord Keeper of the groâ—t seaâ—e Sr. William Pelham of Brocklesby in Lincolnshire Kt. whose Grandfatâ—er Sr. William Pelham of the said place Kt. who was descended of the antient family of the Pelhams of Langhtoniâ—â— sussex was employed under Queen Eliz in the offices of L d cheife Justice of Ireland Marshall of the English forces sentinto the Low Countrys Mastâ—â— of her ordnanceâ— and one of her privy Councell Sr Thomas Daviâ—s of the Citty of London Knight Ld. Maior thereof Anno 1677. Sr. William Prichard of the Citty of London Kt. and Alderman now maried to Sarah daughter of Francis
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
Ceremony ended Of Degrading of Knights DEgrading of Knights is not very customary Examples being seldom found it being used only for great and notable Facts and Offences against Loyalty and Honour as absenting themselves dishonourably from their King's Service for leaving their Colours and flying to the Enemy for betraying Castles Forts and the like hainous Crimes The manner of Degrading a Knight hath been as followeth When a Knight had been found thus disloyal or corrupt he was to be apprehended and armed Cap-a-pe as if he was going to the Wars was to be placed upon a high Scaffold made for that purpose in the Church and after the Priest had sung some Funeral Psalms as are used at Burials as though he had been dead first they take of his Helmet to shew his face and so by Degrees his whole Armour then the Heralds proclaiming him a disloyal Miscreant with many other Ceremonies to declare him Ignoble he was thrown down the Stage with a Rope and this was done about the time of King Arthur as is affirmed by Mills fol. 84. Also about the Degrading of Knights these things have also been used as the reversing their Coat of Arms by seizing of their Equipage except one Horse ne qui dignitate fâ—ctus est eques cogatur pedes incedere bâ— cutting of the Spurs from their Heels and by taking away their Sword and breaking it But of late the Martial Law is usually put in Execution both in our Civil Wars as in France and elsewhere that is to dispatch such trayterous persons by a File of Musquetiers KNIGHTS OF THE Round Table CHAP. XXII THE Founder of this ancient Order of Knighthood was Arthur King of the Britains who reigned about the year of Christ 516. whose Valour was so great and admirable that many now living do believe the same rather fabulous than real This Noble King having as Sir William Segar noteth driven out of England the Saxons conquered Norway Scotland and the greatest part of France where at Paris he was crowned and returning home lived in such great Renown that many Princes and worthy Knights came from all Parts to his Court to give Evidence of their Valour in the Exercise of Arms. Upon this he erected a Fraternity of Knights which consisted as some say of Four and twenty others a greater Number amongst whom he himself was Chief And for the avoiding of Controversies for taking place when they met together he caused a Round Table to be made from whence they took their Name which said Table if you will believe the Inhabitants of Winchester hangs up in their Castle where they used to meet and the time of their meeting was at Whitsontide Into this Society none were admitted whether Britains or Strangers but such as did make sufficient proof of their Prowess and Dexterity in Arms and such as were Renowned for their Vertue and Valour The Articles which they vowed to keep were To be always well armed both for Horse or Foot Service either by Land or Sea and to be always ready to assail Tyrants and Oppressors To protect and defend Widows Maidens and Children and to relieve all that are in necessity To maintain the Christian Faith contribute their Aid to Holy Church and to protect Pilgrims To advance Honour and suppress Vice To bury Souldiers that wanted Sepulchres To ransom Captives deliver Prisoners and administer to the cure of wounded Souldiers hurt in the Service of their Country To Record all Noble Enterprizes to the end that the Fame thereof may ever live to their Honour and the Renown of the Noble Order That upon any complaint made to the King of Injury or Oppression one of these Knights whom the King should appoint was to Revenge the same If any Foreign Knight came to Court with desire to shew his Prowess these Knights ought to be ready in Arms to answer him If any Lady Gentlewoman or other oppressed or injured person did present a Petition declaring the same whether the Injury was done here or beyond Sea he or she should be graciously heard and without delay one or more Knights should be sent to make Revenge And that every Knight for the advancement of Chivalry should be ready to inform young Lords and Gentlemen in the Orders and Exercises of Arms. For what I can find there was no Robe or Habit prescribed unto these Knights nor can I find with what Ceremony they were made neither what Officers did belong unto the said Order except a Register to record all their Noble Enterprizes Not to pass over this Noble Arthur give me leave to repeat what I find mentioned of him by Sir William Segar in the said Chapter This valiant Prince not confining himself to the narrow limits of his own Kingdom left the Government thereof to the management of his Cosin Mordred and began his Journey or rather Conquest for in all places he found Fortune to favour him And after his many Victories gained of the Saxons Scots Norwegians Romans Saracens and French in the end being laden with Honour he returned into England but found Mordred a Traitor as usurping the Government and obstructing his Landing But all that he could do was in vain for being landed he fled to London but the Citizens refusing to give him Entrance he went into Cornwall where King Arthur gave him Battel which proved unfortunate to them both for Mordred was slain by King Arthur who was also desperately wounded and after this wound as some say he was never found alive or dead which made the Poets to feign that he was taken up into the Firmament and there remaineth a Star amongst the Nine Worthies Which phansie is founded upon the Prophesie of old Merlin which was his Counsel and esteemed as a Prophet who for many years before affirmed That King Arthur after a certain time should resuscitate and come unto Carlion to restore the Round Table He wrote this Epitaph Hic jacet Arturus Rex quondam rexque futurus According to Andrew Favin there was an Order of Knighthood called Knights of St. Thomas which was instituted by King Richard the First after the surprisal of the City of Acon and consisted of all English men Their Patron was St. Thomas Becket their Garment was white and their Ensign was a red Cross charged in the midst with a white Escallop But A. Mendo believeth that these Knights were rather some of those which joyned themselves with the Knights Hospitallers for that they wore the same Habit followed the same Rule and observed the same Customes as did the Knights of St. Iohn of Acon KNIGHTS OF THE THISTLE OR OF St. Andrew in Scotland CHAP. XXIII HVNGVS King of the Picts the Night before the Battel that was fought betwixt him and Athelstan King of England saw in the Skie a bright Cross in fashion of that whereon St. Andrew suffered Martyrdom and the day proving successful unto Hungus in memorial of the said Apparition which did presage so happy an Omen the Picts and
the Desert after the Example of St. Anthony the Hermit and Patron of this Empire and bestowed upon these Knights great Revenues and many Priviledges And thus being instituted they received the Rule of St. Basil submitted to his Constitutions wore a black Garment and for their Ensign a blew Cross in form of the Letter T. Their chief Seat was in the Isle of Meroe where the Abbots both Spiritual and Temporal resided but in many other parts of AEthiopia they have or had great store of Monasteries and Convents with about two Millions of yearly Revenue These Knights vow to defend the Christian Religion to yield Obedience to their Superiors to observe Conjugal Chastity not to Marry or receive any other holy Orders without licence first obtained from the Abbot to guard the Confines of the Empire and to go to War when and where they are commanded Into this Order the eldest Sons of Noblemen or Gentlemen cannot be admitted but the second Sons may And if a man of any degree whatsoever except a Physician have three Sons he is bound to enter one of them into this Order Knights of the Burgundian Cross in Tunis MVlleasses King of Tunis who was driven out of his Kingdom by Barbarossa that noted Pirate was again in Anno 1535. restored thereunto by the assistance of Charles the Fifth Emperor of Germany and King of Spain And being desirous to gain the love of all those that had served in that War did as a reward confer this honour of Knighood upon all those Commanders that valiantly behaved themselves in his Service The Ensign that he assigned them was the Burgundian Cross to which was added a Steel striking Sparks of Fire out of Flint with this Inscription BARBARIA which third Badge hung to a Collar of Gold KNIGHTS OF THE West-Indies PErsons that performed valiant Acts in War were by the Mexicans advanced to Honour and had sundry Priviledges granted them insomuch that their chief Nobility sprang from the Camp And Montezuma was so high a Favourer of Knighthood that he ordained divers Orders which he distinguished by several Ensigns The principal Degree of these Knights were those that had the crown of their Hair tied with a small red Ribon with a rich Plume of Feathers from which hung so many Branches and Rolls of Feathers upon their Shoulders as they had performed worthy Exploits in War And these were termed Eagle Knights of which Order the King was the Supream The Order of the Knights of the Lions and Tigers were the most valiant in War and always bore with them their Badges and Armorial Ensigns and went to the War as did the Eagle Knights armed Cap-a-pe The Order of the Grey Knights had their Hair cut round about their Ears were not so much honoured as the former and when they went to Wars were armed but to the middle All these Degrees of Knights had their Apartments in the King's Palace which were distinguished by their several Ensigns And amongst the honourable Priviledges that they enjoyed they might carry Gold and Silver wear rich Cotton and Shoes after their fashion and use painted and guilt Vessels all which were prohibited the common people The Order of Knighthood of the Blood Royal in Peru were of great esteem for their approved Valour for before they could be admitted into the said Degree their Manhood was sufficiently tried as in managing the Dart Lance and other Military Exercises also in Leaping Wrestling Running Shooting c. in all which if they were not very expert they were thought unworthy to receive so great an Honour But being found worthy to be admitted divers Ceremonies were used at their Creation as putting on them fine Shoes and Breeches boreing of holes in their Ears giving them an Ax and adorning their Heads with Flowers c. all which was forbidden the common people And the Peruvian Lords at their solemn Feasts at Cusco used to dedicate their Children to Honour adorning them with Ensigns making holes in their Ears and anoynting their Faces with Blood in token that they should be true Knights to the Ingua The Knights of Cinaloa which is a Province near New Mexico were created by giving them a Bow and ordering them to encounter a Lion or some other savage Beast which if they slew they were received into favour and Honour The Rt. Honourble Henry Coventry Esq his matys principall Secretary of State c a. son tâ— the Rt. Honourble Thomas Lord Coventry Lord Keeper of ye. Great Seale of England The Honourble Iohn Hervey of Ickworth in Suffolke Esq. â— Treasurer to ye. Queens maty The honble William Ashburnham of Ashburnham in ye. County of Sussex Esq. Cofferer to his maty King Charles the 2d. William Wharton Esq. Fourth son to yâ—e Rt. honble Phillip Lord Wharton of Wharton in Westmoreland by Ann Daughter to 〈◊〉 â—am Carr of Fernihast in Scotland Esq. 〈◊〉 of ye. Groomes of ye. Bedchamber to King Iames. SAMVEL GRANT of Crundall in Hantshire Esq. one of the society of the Inner Temple London Esq. â—ender Molesworth of Spring Garden in the parish of St. Katherines in the Island of Jamaica Esq. one of his matys Councell 〈◊〉 the Sd. Isle second son of Hender Molesworth of Pencarrow in Cornwall Esâ—abque who was lineally descended from Sr. Walter de Molesworth of Northamptonshire who flourished in Marshall proess in the dayes of King Edw. the first went wth him to the holy warrs GEORGE LEGGE Esq. Governor of â—ortsmouth master of the Horse to his Royall Highness Iames Duke of Yorke Leiutenant of his matys Forest of Alce holt Woolmer in Hantshire one of the Deputy Leiutenant of the Sd. County Comander of his matys Shipp yeâ—â—yall Katherine one of the principall Officers of his matys Ordnance THOMAS FEJLD of Stanstead Bury in the County of Hertford Esq now maried to Mary eldest daughter of Sr. Thomas Byde of Ware park in the Said County Kt. Humfrey Wiâ—â—ley of the Jâ—â—ter Tâ—mplâ— Esq one of the Prothonotarâ—â—s of his maties Court of Common â—leaâ— at Westminster fift son of Humfrey Wâ—â—rley Esq of Hâ—msted hall in the County of Stafford by Knightley his Wife â—OGER TWâ—SDEN Esq eldest son of S â— Thomas Twisden of Bradborne in thâ— parish of East Malling in Kent Kt. Baâ—â—â— one of the Justices of his matys Court of Kings Bench EDWARD THVRLAND Esq only son of Sr. Edward Thurland of Râ—ygate in the County of Surrey Kt. one of the Barons of his matys Court of Exchequer EDWARD ROBERTS of the Citty of Dublin in the Kingdome of Ireland Esq now Maried to Alce daughter of Edw Chute of SurrendeÌ„ in the Weld of Kent Esq 〈◊〉 much Honoured Daniel Fleming of 〈…〉 in Cumberland of Rydal hall in 〈…〉 and Esq of which family Surname there 〈…〉 Lords of ye. maner of Bâ—ckermet of 〈…〉 bâ—en Kts all ye. rest that then weddâ—d 〈…〉 ye. Daughters of Baronetsâ— or Knighâ—â—â— â—â—â—â—ill Skelton eldest sonn of Sr. Iohn Skelton 〈◊〉 Leiutenant
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
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
and twenty Burgesses for Common-Councel a Recorder c. sâ—nds Burgesses to Parliament The Arms born by this Town is a Castle triple-towred having on the dexter side the Sun in its glory and on the sinister a Crescent on the top of the two fronting Towers stand two Watchmen with this Inscription upon the Ring of the Seal Sigillum Ballivi Burgensium Warwici And notwithstanding this fatal overthrow â—o much of the Town was continued till the Reign of Richard the Second who began in 1377 that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Burgage which amounts to two thousand two hundred Burgages besides other Houses But in 1388. as appears by Records die Martis in festo Sancti Stephani Martyris which was about the eleventh of Richard the Second it was so burn'd down and wasted by the Scots that of that Rent upon several Inquisitions found and returned there remained to the King only two Marks per Annum so that nine parts in ten were utterly destroy'd But notwithstanding this great devastation that was never repaired it doth still retain its ancient Priviledges which are in every respect the same with York as appears from the confirmation of Henry the Third in whose time here was an Exchequer called by the Name of Scaccarium de Appleby and King Iohn â—s Charter which I have seen wherein is expressed and firmly commanded That his Burgers of Appleby shall have and enjoy all the Liberties and free Customes which his Burgers of York have well and peaceably freely and quietly fully wholly and honourably with a Prohibition That none shall attempt to disturb them thereof And also That they shall be free from Toll Stallage Pontage and Lestage all England over praeterquam in Civitate London nisi forte Cives Eobor ' quietantias inde habent libertates suas in Civitate London which exception doth very much confirm and strengthen their Priviledges to them The Corporation consists at present of a Mayor with two Bailiffs a Court of Aldermen twelve in number a Recorder Common-Councel and Serjeants at Mace with their Attendants And if the Town were able to bear it might take the same Priviledges with York in every thing according to their Charter which has been confirmed by all the succeeding Kings of England and if any would know what those Priviledges are more particularly I referr him to York where he may possibly meet with satisfaction In the mean time take these which are now in practice at Appleby viz. They have power to Arrest for any Sum without limitation To elect and send two Burgesses to Parliament To acknowledge Statute-Merchant before the Mayor To take Toll both in Fairs and Markets To seize Felons goods Felones de se Waifes Strayes Forfeitures and Escheats all which do belong to the Mayor for the time being who takes place of the Judges of Assize as the Lord Mayor of York is wont to do Their Aldermen are some of them Gentlemen of the Country for the greater honour and credit of the Town who in time of their Majoralty have their Propraetors or Deputies there The present Mayor and Aldermen for the present year are Iohn Thwaites Esquire Mayor Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return and tore in pieces Oliver's Charter in open Court before he would accept of that Office which he had declined all Oliver's time Richard Brathwate of Warcop Esq and Justice of Peace who contested with the Judges and took place of them Virtute Chartae Robert Hilton of Morton Esquire Justice Jf Peace Edward Musgrave of Askeby Esq oustice of Peace Thomas Warcop of Colby Gentleman Iohn Routlidge of 〈…〉 Gent. Alderman Leonard Smyth Alderman William Smyth Alderman Robert Harrison Alderman Iohn Lawson Alderman Thomas Robinson Alderman Iohn Atkinson which six last are all of Appleby Appleby was very eminent for its Loyalty in the late Civil Warrs and most of the Aldermen except those whom Oliver Cromwell obtruded upon them suffered many imprisonments during his Tyranny and so likewise did most of the Gentry round about for it is the glory of the County of Westmerland that there was not one Person of quality in it who took up Arms against his King and but two or three in Cumberland A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility FIRST PART HONOVR MILITARY OF Warr and the causes thereof fol. 3 Of Souldiers 4 Of Embassadors or Legats 5 Of Warr and the inclination of the English to it ibid. Of Captains Generals Marshals and other chief Commanders 7 SECOND PART HONOVR CIVIL CHap. I. Of Honour general and particular 11 Of Gentry and bearing of Arms 12 Principles of Honour and Vertue that every Gentleman ought to be endowed with 13 Of precedency ibid. Chap. II. Of the King or Monarch of Great Britain 19 Chap. III. Of the Prince 24 Chap. IV. Of Dukes 32 The form of a Patent of the Duke of York temp Jacobi 33 Ceremonies to be observed in the Creation of a Duke 36 Chap. V. Of Marquisses 37 Chap. VI. Of Earls 39 Chap. VII Of Viscounts 44 Chap. VIII Of Lords Spiritual 45 Chap. IX Of Barons 48 The definition of a Baron ibid. The Etymology of the name of a Baron ibid. The antiquity and dignity of Barons and the sundry uses of the Name 49 The tenor and proper signification of the word Baron ibid. Chap. X. Barons of Tenure 50 Chap. XI Barons by Writ 52 Chap. XII Barons by Patent 56 Chap. XIII Priviledges incident to the Nobility according to the Laws of England 59 Certain Cases wherein a Lord of the Parliament hath no priviledge 65 Chap. XIV Nobility and Lords in reputation only 68 Chap. XV. Of the Queen Consort and of Noble Women 69 70 Ladies in reputation 75 Chap. XVI Of Knighthood in general 77 Chap. XVII Knights of the Garter 79 Chap. XVIII Of Knights Bannerets 84 Chap. XIX Of Baronets 85 The president of the Patent of Creation of Baronets 88 The Catalogue of the Baronets of England according to their Creations 91 Chap. XX. Knights of the Bath 105 A Catalogue of the Knights of the Bath made at the Coronation of King Charles II. 107 Chap. XXI Of Knights Batchelors 108 Observations concerning Knights Batchelors 116 Of degrading of Knights 117 Chap. XXII Knights of the round Table 118 Chap. XXIII Knights of the Thistle or of St. Andrew 120 Chap. XXIV Orders of Knighthood in Palestine and other parts of Asia 121 Knights of the holy Sepulchre in Jerusalem ib. Knights Hospitalers of St. John Baptist in Jerusalem now called Knights of Malta 122 Knights Templars ibid. Knights of St. Lazarus 123 Knights of St. Bass ibid. Knights of St. Katherine at Mount Sinai ibid. Knights of the Martyrs in Palestine ibid. Orders of Knighthood in Spain Knights of the Oak in Navar 124 Knights of the Lily in Navar ibid. Knights of the Band 125 Knights of