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
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
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
of Vice which was most detestable unto them And Marcus Tullius studying to restrain the Vice of Youth by Law ordained eight several punishments which he called Damnum Vincula Verbera Talio Ignominia Exilium Mors Servitus The Ensigns of Honour which the Romans used to beâ—tow in token of Dignity were Chains of Gold gilt Spurs and Launces but principally Crowns of different forms which at first were made of Bays in token of Mirth and Victory but afterwards they were made of Gold The chief Crowns were Military with which their Consuls and chief Commanders in their Triumphs were crowned The next was by them called Corona Muralis and was given to him that was first seen upon the Wall of an Enemies Town and this Crown was wrought with certain Battlements like a Wall and made of Gold Corona Castrensis made of Gold with points like Towers and this was given for a Reward to him that could break the Wall of an Enemy and enter the Town or Castle Corona Navalis made of Gold garnished with Forecastles and given to him that first boarded an Enemies Ship Corona Oleaginea made of Gold given to them that repulsed an Enemy or were Victorious in the Olympian Games Corona Ovalis made of Gold given to them that entred a Town taken with little Resistance or yielded upon Composition Corona Obsidionalis given to a General Leader that had saved his Army in Distress and this Crown was made of the Grass growing where the Army was beseiged Corona Civica made of Oaken Boughs and was given to him that saved a Citizen from the Enemy Corona Haederalis which was given to Poets Corona Populea which was given to young men that were industrious and inclined to Vertue Aristotle makes four kinds of Civil Nobility viz. Divitiarum Generis Virtutis Disciplinae Sir Iohn Ferne defines Civil Nobility to be an Excellency of Dignity and Fame placed in any Kingdom or People through the Vertues there shewed forth to the profit of that Kingdom Which made Diogenes to tearm Nobleness of Blood a Vail of Lewdness a Cloak of Sloth and a Vizard of Cowardise Civil Nobility may be refined into a triple Division first by Blood secondly by Merit and thirdly by Blood and Merit which last without doubt is the most honourable and of greatest esteem For certainly the Honour gained lives in his Family and doth perpetuate his Vertues to Posterity whilst the glory that those by descents of Blood shine in is but the reflection of their Ancestors For all will judge the raiser of a Family more honourable than him that succeeded him not adding to that Honour by any Merit of his own So that it is the best honour the Son can do his deceased Father or Relation to imitate his Vertues If any person be advanced by lawful Commission of his Prince to any Place Dignity or publick Administration be it either Ecclesiastical Military or Civil so that the said Office comprehends in it Dignitatem vel dignitatis titulum he ought to be received into the Degree of Gentility And a Man may be ennobled by Letters Patents from his Prince though he have not the Superiour Titles added and may have a Coat of Arms given him Of Gentry and bearing of Arms. NOah had three Sons who were saved with him in the Ark from the Deluge viz. Sem Cham and Iapheth and between these three he divided the World Sem his eldest Son he made Prince of Asia Cham his second Prince of Affrica and Iapheth his third Prince of Europe Of these three issued divers Emperors and Rulers whereof at this day we have ten Degrees of which Six are called Noble as a Gentleman Esquire Knight Baronet Baron and Viscount and four others are called excellent as an Earl Marquis Duke and Prince There are Nine sundry Callings of Gentlemen 1. The' first is a Gentleman of Ancestry which must needs be a Gentleman of Blood 2. The second is a Gentleman of Blood and not of Ancestry as when he is the second degree descended from the first 3. The third is a Gentleman of Coat Armour and not of Blood as when he weareth the Kings Devise given him by a Herald If he have Issue to the third Descent that Issue is a Gentleman of Blood 4. The fourth also is a Gentleman of Coat Armour and not of Blood as when the King giveth a Lordship to him and his heirs for ever then he may by vertue thereof bear the Coat of the Lord 's making the Herald approving thereof But if any of the Blood of that Lordship be yet remaining he cannot bear the same 5. The fifth is a Christian man that in the Service of God and his Prince kills a Heathen Gentleman he shall bear his Arms of what degree soever a Knight Banneret excepted and use his Atchievement without any difference saving only the word of the same miscreant Gentleman If he also have Issue to the fifth Degree they are Gentiles of Blood Note that no Christian may bear another Christians Coat nor a Pagan a Pagans Coat on the Condition abovesaid But if an English man in the Field when the Banner Royal is displayed do put to flight any Gentleman which is an Enemy to his Prince from his Banner of Arms the English Souldier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentleman that he so put to flight Also in Challenge of Combat the Victor shall not bear the Coat of the Vanquished yet indeed the Vanquished shall lose his own Coat But if he marry a Gentlewoman of Coat-Armour by the Courtesie of England he may bear hers 6. If the King do make a Yeoman a Knight he is then a Gentleman of Blood 7. The Seventh is when a Yeoman's Son is advanced to Spiritual Dignity he is then a Gentleman but not of Blood but if he be a Doctor of the Civil Law he is then a Gentleman of Blood 8. The Eighth is called a Gentleman untryal as brought up in an Abby and serving in good calling and also is of kind to the Abbots 9. The Ninth is called a Gentleman Apocrifate such a one as serving the Prince as a Page groweth by diligence of Service to be Steward or Clerk of the Kitchin and is without Badge of his own except when the Prince by the Herald endoweth him with some Conisance c. Aristotle in his Politicks reciteth four kinds of Nobility that is Nobleness of Riches Nobleness of Lineage Nobleness of Vertue and Nobleness of Science amongst which those of Vertue and Lineage are of chief estimation being such from whence the others do proceed As some write Nobility began to be advanced shortly after Noah's Flood For when possessions were given by the consent of the people who had all things in common and were of equal degree they gave them to such whom they admired for their Vertues and from whom they received a common benefit The Law of Arms which is chiefly directed by the
Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
their Tenures were altered viz. Baronia as appeareth in Matthew Paris A. 1070. fol. 66. and of that Tenure have continued ever since as you may read by the Constitutions of Clarendon in the Reign of Henry the Second and in Glanvile and Bracton But the Tenures of all Abbots and Priors were extinguished by the uniting and coming of them to the Crown by the Statute of Dissolution of Monasteries For though the Nobility of England differ in Titles and certain Ceremonies yet a Baron enjoyeth the same priviledges And by experience it is found That Dukes and all other degrees of Nobility in Cases Criminal are tryed by Barons together with Marquisses Earls and Viscounts as their Peers and Peers of the Realm Nobilitas generally is of the word Nosco signifying in common phrases of speech Men of Generosity of Blood and Degree and therefore it is said Vir nobilis idem est quod notus per omnia or a vulgatus But especially it is applyed and used to express the reward of Vertue in honourable measure Ageneris claritate which being in part of distributive Justice remaineth with the highest Soveraign annexed to the Imperial Crown of this Realm For as Vertue is the gift of none but of God so the reward thereof with Honour cannot be the gift of any but the Supreme Governour being God's Vicegerent on Earth But when Honour and Arms be bestowed upon any if there shall arise contention between Competitors for the same the ancient policy of this Realm hath ordained a Special Court the Judges whereof in all times having been Right Honourable Personages viz. the Lord High Constable and the Earl Marshal and in latter times the Judge thereof only the Earl Marshal The Jurisdiction of the Court consisâ—eth in the Execution of that part of distributive Justice which concerneth the advancement and support of Vertue Nevertheless some men there are not duly considering of what principle and parts the Laws of this Realm do consist have laboured to prove that the Questions and Controversies of Nobility and Arms should not be determined by the Laws of the Realm but by the Civil Law framing to themselves many Arguments to prove the same but being of small value I pass them over The Common Laws as also the Laws of Charity used in the Marshals Court do prohibit any Subject of this Realm to receive Titles of Honour and Dignity by gift or donation from a Forreign Prince King or Emperor for it is a thing greatly touching the Majesty of the King and State of his Kingdom Est vis Majestatis inter insignia summae potestatis And if a man shall bring an Action and in the Writ is styled by such a Forreign Title the Defendant may plead in Abatement of his Writ That he is no Duke Marquis Earl or Baron whereupon if the Plaintiff as demanded take Issue the Issue shall not be tryed by the Jury but by the Records of Parliament wherein he faileth And if any English man be created Earl of the Empire or of any other Forreign Nation and the King also do create him into any Title of Honour in England he shall be named in all Judicial proceedings only by such Name and Title as he hath received from the King of this Realm whose Subject he is And if by the King of England he be not advanced to Title of Honour then he shall bear the name only of his Baptism and Surname unless he be a Knight For experience teacheth that Kings joyned in League together by certain mutual and as it were natural power of Monarchies according to the Laws of Nations have dismissed one anothers Subjects and Ambassadors graced with the Dignity of Knighthood A Duke of Spain or of another Forreign Nation cometh into England by the King 's safe Conduct in which also the King doth style him Duke according to his Creation nevertheless in all proceedings in the King's Courts he shall not be so stiled by his Title of Dignity And although the said Noble person be also by the King's Letters Patents and by his Forreign Name and Title of Dignity made Denizon for that is the right Name so called because his Legitimation is given to him Or if he be naturalized by Authority of Parliament wherein he seemeth to be in all things made as a Subject born yet shall he not be styled by his Foreign Titles of Dignity And so it is if a Nobleman of France or elsewhere come into England as Ambassador and by lawful Marriage hath a Son and the Father dieth the Son is by Birth a Natural Englishman yet he shall not bear the Title of Honour of his Father and the reason thereof is because that Title of Nobility had its Original by a French King and not by any natural Operation which thing is well proved both by Authority of Law and Experience in these days If a Postnaâ—us of Scotland or Ireland who in these days is a Natural Subject to the King of England or if any of his Posterity be the Heirs of a Nobleman of Scotland or Ireland yet he is none of the Nobility of England But if that Alien or Stranger born a Scot be summoned by the King 's Writ to Parliament and therein is styled by his Foreign or other Title whereunto he is invested within England by the King 's Grant then and from thenceforth he is a Peer of this Realm and in all Judicial and Legal Proceedings he ought to be so styled and by no other Name And it was the Case of Gilbert Humfrevile Earl of Angus in Scotland of it appertaineth to the Royal Prerogative of the King to call and admit an Alien born to have place and voice in his Parliament at his pleasure although it is put in practice very rarely and that for great and weighty Considerations of State And if after such Parliamentary Summons of such a Stranger born question do arise and the Issue be whether he is of that Title or no it may well be tryed by the Record which is the only lawful tryal in that Case But there is a Diversity worthy of Observation for the highest and lowest Degrees are universal and therefore a Knight Engglish or Stranger born is a Knight in all Nations in what place soever he received his Title and Dignity and so ought of right and by Law to be named in the King's Courts as aforesaid Also if the Emperor the King of Denmark or other Foreign King come into this Realm by safe conduct as he ought for a Monarch or absolute Prince though he be in League cannot come without the King's Licence and safe Conduct but any Subject to such a Foreign King in League may come without Licence In this Case he shall sue and be sued by the Name of Emperor or King or else the Writ shall abate There is a notable President cited out of Fleta where treating of the Jurisdiction of the King's Court of Marshalsea it is said And these things he might
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
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
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
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
you our Commissioners shall give Vs of whose integrity and circumspection We have so good experience and are so well perswaded as We assure Our self you will use all the best means you may to inform your own Iudgments in cases doubtful before you deliver Vs any such opinion as may lead Vs in a case of this Nature wherein our intention is by due consideration of all necessary circumstances to give every man that satisfaction which standeth with Honour and Reason Lastly having now directed you how and with what caution you are to entertain the Offers of such as shall present themselves for this Dignity We do also require you to observe these two things The one That every such person as shall be admitted do enter into sufficient Bond or Recognizance to Our use for the payment of that portion which shall be remaining after the first payment is made which you are to see paid upon delivery of the Letters Patents The other That seeing this Contribution for so publick an Action is the motive of this Dignity and that the greatest good which may be expected upon this Plantation will depend upon the certain payment of those Forces which shall be fit to be maintained in that Kingdom until the same be well established the charge whereof will be born with the greater difficulty if We be not eased by some such extraordinary means we require you Our Treasurer of England so to order this Receipt as no part thereof be mixed with Our other Treasure but kept apart by it self to be wholly converted to that use to which it is given and intended And in regard thereof that you assign it to be received and the Bonds to be kept by some such particular person as you shall think good to appoint who upon the payment of every several portion shall both deliver out the Bonds and give his Acquittance for the same For which this shall be yours and his the said Receiver's sufficient Warrant in that behalf THE PRECEDENT OF THE PATENT OF Creation of Baronets REX omnibus ad quos c. Salutem Cum inter alias Imperii nostri gerendi curas quibus animus noster assiduè exercetur illa non minima sit nec minimi momenti de Plantatione Regni nostri Hiberniae ac potissimum Vltoniae amplae percelebris ejusdem Regni Provinciae quam nostris jam auspiciis atque armis foeliciter sub obsequii jugum redactam ita constabilire elaboramus ut tanta Provincia non solum sincero Religionis cultu humanitate civili morumque probitate verum etiam opum affluentia atque omnium rerum copia quae statum Reipublicae ornare vel beare possit magis magisque efflorescat Opus sane quod nulli progenitorum nostrorum praestare perficere licuit quamvis id ipsum multa sanguinis opum profusione saepius tentaverint In quo opere sollicitudo nostra Regia non solum ad hoc excubare debet ut Plantatio ipsa strenuè promoveatur oppida condantur aedes castra extruantur agri colantur id genus alia Sed etiam prospiciendum imprimis ut iniversus hujusmodi rerum civilium apparatus manu armata praesidiis videlicet cohortibus protegatur communiatur ne qua aut vis hostilis aut defectio intestina rem disturbet aut impediat Cumque nobis intimatum sit ex parte quorundam ex fidelibus nostris subditis quod ipsi paratissimi sint ad hoc Regnum nostrum inceptum tam corporibus quam fortunis suis promovendum Nos commoti operis tam sancti ac salutaris intuitu atque gratos habentes hujusmodi generosos affectus aque propensas in obsequium nostrum bonum publicum voluntates Statuimus apud nos ipsos nulli rei deesse quae subditorum nostrorum studia praefata remunerare aut aliorum animos atque alacritatem ad operas suas praestandas aut impensas in hac parte faciendas excitare possit Itaque nobiscum perpendentes atque reputantes virtutem industriam nulla alia re magis quam honore ali atque acui omnemque honoris dignitatis splendorem amplitudinem à Rege tanquam à fonte originem incrementum ducere ad cujus culmen fastigium propriè spectat novos honorum dignitatum titulos erigere atque instituere utpote à quo antiqui illi fluxerint consentaneum duximus postulante usu Reipublicae atque temporum ratione nova merita novis dignitatum insignibus rependere Ac propterea ex certâ scientiâ mero motu nostris Ordinavimus ereximus constituimus creavimus quendam statum gradum dignitatem nomen titulum Baronetti Anglicè of a Baronet infra hoc Regnum nostrum Angliae perpetuis temporibus duraturum Sciatis modo quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris ereximus praefecimus creavimus ac per praesentes pro nobis Haeredibus Successoribus nostris erigimus praeâ—icimus creamus dilectum nostrum de in comitatu virum familia patrimonio censu morum probitate spectatum qui nobis auxilium subsidium satis amplum generoso liberali animo dedit praestit ad manutenendum supportandum triginta viros in cohortibus nostris pedestribus in dicto Regno nostro Hiberniae per tres annos integros pro defensione dicti Regni nostri praecipue pro securitate plantationis dictae Provinciae Vltoniae ad in dignitatem statum gradum Baronetti Anglicè of a Baronet Ipsumque Baronettum pro nobis haeredibus successoribus nostris praeâ—icimus constituimus creamus per praesentes habendum sibi haeredibus masculis de corpore suo legitime procreatis imperpetuum Volumus etiam per praesentes de gratia nostra speciali ac ex certa scientia mero motu nostris pro nobis haeredibus successoribus nostris concedimus praefato haeredibus masculis de corpore suo legitime procreatis Quod ipse idem haeredes sui masculi praedicti habeant gaudeant teneant capiant locum atque Praecedentiam virtute dignitatis Baronetti praedicti vigore praesentium tam in omnibus Commissionibus brevibus literis patentibus scriptis appellationibus nominationibus directionibus quam in omnibus Sessionibus Conventibus Caetibus locis quibuscunque prae omnibus militibus tam de Balneo Anglicè of the Bathe quam militibus Baccalaureis Anglicè Batchelors ac etiam prae omnibus militibus Bannerettis Anglicè Bannerets jam creatis vel imposterum creandis Illis militibus Bannerettis tantummodo exceptis quos sub vexillis regiis in exercitu regali in aperto bello ipso Rege personaliter praesente explicatis non aliter creari contigerit Quodque uxores dicti Haeredum masculorum suorum praedictorum virtute dictae dignitatis maritorum suorum praedictorum habeant teneant gaudeant
his Enemies by Forty days well and conveniently arrayed for the War In this Case the Law hath such regard to the Dignity of Knighthood that he may find an able person to go for him and the Knight is not compelled by his Tenure to go in person as ordinary Souldiers who are hired or retained by Prest-money or Wages There hath been many and varying Opinions of the contraries of a Knight's Fee as you may read in Coke's ninth Part 122. and there it is proved that Antiquity hath thought that Twenty pounds in Land was sufficient to maintain the Degree of Knighthood as it doth appear in the ancient Treatise De modo tenendi Parliamentum tempore Regis Edwardi filii Regis Ethelred which also doth concur with the Act of Parliament Anno primo Edw. 2. de militibus by which Act of Parliament Census militis the Estate of a Knight was measured by the value of Twenty pound Lands per Annum and not by any certain content of Acres And with this doth agree the Statute of VVestminster cap. 35. Fitz. Nat. Brev. 82. where Twenty pounds Land per Annum in Soccage is put in equipage with a Knight's Fee And this is the most reasonable estimation for one Acre may be more worth in value than many others And it is to be observed That the relief of a Knight and of all Superiors that be Noble is the fourth part of their Revenue by the year as of a Knight five pounds and so of the rest And because this Tenure doth concern Service in War the Tenants are therefore called Milites Militia for though the word doth properly signifie a Souldier yet antiquity hath appropriated that name to the chiefest of Military Profession In our Law they are styled Milites and never Equites yet so that Miles is taken for the self same that Chivalry is Bracton fol. 79. maketh mention of Rode Knights that is to say serving Horsmen who held their Lands with condition that they should serve their Lords on Horsback And so by cutting off a peece of a Name as our delight is to speak short this name Knight remaineth with us for Armiger scil the Esquire which is a Degree under the Knight was in the Military Service to serve on foot Note He that holdeth by a whole Knight's Fee must be with the King Forty days well and compleatly arrayed for the War which is to be understood to serve on Horseback And in all Nations the name of this Dignity is taken of Horses for the Italians call them Cavelieri the Frenchmen Chivaleris the Germans Regters our Britains Murgeghe all riding and in Latin we call them Equites aurati for at their Creations besides the Sword and Girdle gilt Spurs were added for more Ornament And when a Knight doth commit any offence for which he is by the Law to suffer death the use hath been in the begining of his punishment to degrade and deprive him publickly of his Honour of Knighthood for it is but with life leas'd or taken away Mills 81. by ungirding his Military Girdle by taking away his Sword and broken his Spurs cut off with an Hatchet his Gauntlets pluck't from him and the Escocheons of his Arms reversed And in the Statute made 24 Hen. 8. chap. 13. entituled an Act for Reformation of Apparel It was permitted for Knights to wear a Collar of Gold named the Collar of SS And although this Dignity of Knighthood had its original and was given to men of War and Prowess yet in all Successions of Ages and in all Nations the same also is bestowed upon men of Peace by the Sovereign Power to deserving persons whereby the Service of the Commonwealth at home is made equal with that abroad For as Tully saith truly Parvi sunt arma foris nisi est consilium domi But Experience the faithfullest Counsellor and best Mistress hath made it manifest both in this modern Age as well as in that of Tullie's that the Camp hath bred more eminent Statesmen and happily as good Politicians as the long Robe Perhaps for this Reason one aims chiefly at Glory and Honour which easily attracts admirers and favourers the other at Riches and indirect Negotiations which begets Envy and private Enemies He that receiveth the Dignity of a Knight kneeleth down and then the King slightly smiteth him upon his Shoulder and saith unto him these words in French Sois Chivaler au nome de Dieu and afterwards saith moreover Avance Chivaler See the Book of Titles of Honour due to the Earl-Marshal for the making of Knights 176. For a Knight is not made by Letters Patents or by the King 's Writ as those of higher Dignity but by the Sword for this Honour is supposed to be given on the sudden and therefore is commonly done by the Sword although the King may by his Letters Patents create a Knight Earls in ancient times had a power of Knighting but now neither may the Prince or any other of the Nobility make a Knight but only the King or Lieutenant General by his Commission No man is born a Knight as he may be to Titles of Honour by Patent but a Knight may be made assoon as a Child is baptized except Knight Bannerets Note the printed Book of Titles of Honour fol. 218 313. the first Knight With us in England there are divers sorts of Knights whereof Cambden 171. and Mills do write at large But amongst the Romans there was but one Order of them and they were next in Degree unto the Senators And they who simply without any Addition be called Knights howsoever they are in order ranked last yet by institution they are first and of greatest Antiquity and the other Orders are but late Attributes according to the several inventions of particular Princes And I do not remember that in our Books of Law I have read any thing concerning the Order of Knights with Addition viz. Knights of the Honourable Order of the Garter Knights Bannerets and Knights of the Bath But in the Statute 12 Hen. 8. cap. 13. it is enacted That every Knight of the Garter may have three Chaplains whereof every one may purchase licence or dispensation and receive have and keep two Benefices with cure of Souls but they of this Order which I now treat of are called Knights of the Spur or Knights Batchelors Between Doctors of the Civil Law and Knights hath ever been question for precedency since either of them hath been in credit in the Common-wealth as may appear both by the Comparison that Tully maketh between Lucius Murena a Knight of Rome and Publius Sulpitius a Lawyer either of them standing for Consulship in his Eloquent Oration made for Murena and many Disputes of Bardal and Bardus arguing the Case Pro and Con which though it be disputable in Foreign Parts yet here in England it is without Controversie and the precedency thereof is undoubtedly the Knights But if they be both of equal degree of Knighthood then
slighted unless he be sufficiently qualified by Birth Parts or other generous Accomplishments or are Knights of the Field who are never abridged of their merited Honour being acquired according to the original Institution of that Degree amongst all Nations And we see our Parliament men our Sheriffs Justices of the Peace and the Honourable Commanders and Captains of Cavalry and Infantry for the most Esquires at their first Election By the Statute 23 Hen. 6. cap. 15. the Knights of the Shires shall be notable Knights or else notable Esquires or Gentlemen born in the same Counties for which they are chosen See the Statute for the preservation of the Game 22 and 23 Car. 2. by which and many other Statutes they are equally priviledged with Knights and other persons of higher Degree To represent therefore an Esquire as now defined is no easie task but according to the ancient Rule I take him for a Foot-Commander The Atchievement of an Esquire differs from the Knight Batchelors only in the Helmet as you may here observe I shall also give you other Examples of Esquires and amongst the rest the Atchievement of my Honoured Friend Robert Logan vulgarly written Login Son and Heir to Iohn Logan Lord of the Mannor of Idbury in Oxfordshire who was of the ancient House of Restalridge in Scotland unfortunately ruined for their Loyalty to Mary Queen of Scots He succeeded his Father at Idbury was High Sheriff of the County a man eminent for his Virtue and Learning amongst whose prayers this Manuscript was found exemplar in his life for Charity and Conversation THE DEFINITION OR DESCRIPTION OF THE GENTRY OR Civil Nobility OF ENGLAND CHAP. XXVI GEntleman Generosus seemeth to be made of two words the one French Gentil honestus vel honesta parente natus the other Saxon Man as if you would say a man well born And under this name are all comprized that are above Yeomen and Artificers so that Nobles are truly called Gentlemen By the Course and Custome of England Nobility is either Major or Minor Major contains all Titles and Degrees from Knighthood upwards Minor all from Barons downwards Mr. William Mainstone Alias Mayneston of ye. Citty of London Merchant Lineally descended from Thomas Mainston of Vrchinfield in Herefordshire Gent Temps Edw ye. 3d. now Maried to Penelope Daughteâ— To Sr Thomas Iones of Shrewsbury in yeâ— County of Salop Kt. one of ye. Iustices of his mat ys Court of K-Bench Iohn Bourne of More feilds in the parish of St. Leonards Shoreditch in Middz Dr. in Phisicksâ— non maried to Eleanor daughter of George Shyres of Wakefield in Yorkshir Batcheâ—â—â— in Divinity Iohn Rowe of ye. Citty of Bristoll Gent. Lineally descended from ye. antient family of ye. Rowes of Windley hill in Derbyshire Which Said Iohn is now maried to Lucy Sister Coheyre of Anâ—thony Hungerford Son heyre of Anthony HuÌ„gerford of ye. Lea in Wiltshire Esq Mr. Peter Vandeput of the Citty of London Merchant Iohn Btome of Sevenoke in Kent Gent. Ricâ—ard Btome of Chobham in the Parish of Westham in Essâ—â—â— Gent. Richard Whitworth of Adbaston in the County of Stafford Gentleman Mr. Iohn Vanheck of ye. Citty of London Merchant descended of a Dutchfamily of that name This Câ—atâ— Armourâ—â— borne by the Stanleys of Devonshire and is Engraven at the Charge of Mr. Edward Stanley of Bamstable in the Sdâ— County agreat Lover of Heraldry and Promoter of Publique Vndertakeings Nicholas Eyre of London Gent Descended from a Antient Family of that name Iohn Farrington of ye. Citty of London Merchant descended of ye. Farringtons of Verdon near Faringtonheath in Lancashire a Family of good Account and Antiquity Iohn Gregorie of St. Margarets Westminster in Middlesex Gentleman son of Leiutenant Collonell William Gregorie of East Stockwith in Lincolnshire Esq a great sufferer for his maty in ye. Late Vnhappy warrs Mr. Thomas Shaw of the Citty of London Merchant now Maried to Deborah daughter of Roger Reeva Late Cittizen of London Râ—lph Marshall GenÌ„t Secretary to thâ— R â— honble William Earle of Craven desâ—nâ—ded from ye. family of ye. Marshalls of yorkshire Franâ—is Lunde of Parsons Green in ye. Parish of FuÌ„tham in Middlesex GenÌ„t descended frâ—m the Family of Lunde in ye. County of Yorkeâ— â—â—chard Stratford of Hawling and nether Geâ—◠〈◊〉 Glocestershire Gen t descended from theâ— Ancient family of ye. Straâ—fords of Farmcâ—â—â—n the Said County Thomas Glover of Raine Hill in Lancashireâ— Gent. now Maried to Rebecca daughter of Ninian Buther Staplehurst in Kent Gent. But if a Gentleman be sued by addition of Husbandman he may say he is a Gentleman and demand Judgment of the Writ without saying and not Husbandman For a Gentleman may be a Husbandman but he shall be sued by his Addition most worthy For a Gentleman of what Estate soever he be although he go to plough and common labour for his maintenance yet he is a Gentleman and shall not be named in legal Proceedings Yeoman Husbandman or Labourer If a Gentleman be bound an Apprentice to a Merchant or other Trade he hath not thereby lost his Degree of Gentility But if a Recovery be had against a Gentleman by the name of a Yeoman in which case no Action is necessary then it is no Error So if any Deed or Obligation be made to him by the name of Yeoman If a Capias go against A. B. Yeoman and if the Sheriff take A. B. Gentleman an Action of false imprisonment lieth against the Sheriff But if A. B. Yeoman be Indicted and A. B. Gentleman be produced being the same man intended it is good If a man be a Gentleman by Office only and loseth the same then doth he also lose his Gentility By the Statute 5 Eliz. chap. 4. intituled An Act touching Orders for Artificers Labourers Servants of Husbandry and Apprentices amongst other things it is declared That a Gentleman born c. shall not be compelled to serve in Husbandry If any Falcon be lost and is found it shall be brought to the Sheriff who must make Proclamation and if the owner come not within four Months then if the â—inder be a simple man the Sheriff may keep the Hawk making agreement with him that took him But if he be a Gentleman and of Estate to have and keep a Falcon then the Sheriff ought to deliver to him the said Falcon taking of him reasonable costs for the time that he had him in Custody A Commission is made to take Children into Cathedral Churches c. one in anothers places where Children are instructed to sing for the furnishing of the King's Chappel These general words by construction of Law have a reasonable intendment viz. That such Children who be brought up and taught to sing to get their living by it those may be taken for the King's Service in his Chappel and it shall be a good preferment to them but the Sons of Gentlemen or any other that are taught to sing for their Ornament or Recreation and not