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
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
Elizabeth Countess of Huntington his wife eldest daughter Coeheire of Sr. Iohn Lewis late of Ledston in Yorkshire K â— Bart. deceased The Right honble William Russell Earle of Bedford Baron Russell of Tavestock Thornhaugh Knight of the most Noble Order of the Garter ct. The Right Honb le Philip Herbert Earle of Pembrook â— Montgomery Baron Herbert of Shurland Cardiffe Ross of Kendale Parr Marmion and St. Quintin Ld. of the Lordships of Vske Carleon Nemport Treleg and Lord Leiutenant of Wiltshire ct. The Right honble Edward Fines Earle of Lincoln Baron of Clinton ct. The Right honble Charles Howard Earle of Nottingham Baron Howard of Effington ct. The Right honble Iames Howard Earle of Suffolâ— Baron Howard of Walden Lord Leiuetenant of the Countys of Cambridge Suffolk one of the Gentlemen of his matys bedchamber Deputy Earle Marshall of Englandâ— The Right honble Charles 〈◊〉 â— Earle of Dorset Middsex Baron 〈◊〉 Cranfâ—ild one of the Gentlemâ—◠〈◊〉 his Matyâ— Bedchamber Lord Leiutâ—â—â—nt of Sussex The Right Honourable Iames Coecill Earle of Salisbury Viscount Cranborne and Baron Coecill of Essenden The Right Honourable Iohn Coecill Earle of Exeter Baron Coecill of Burleigh c a. The 〈◊〉 Iohn Egerton Earle of Bridg 〈…〉 Brackley Baron of Elâ—mere Ld. 〈◊〉 of the County of Bucks one the 〈◊〉 his matysâ— most Hon. privy Councell c. The Right honble Robert Sidney Earle of Leicester Viscount Lisle Baron Sidney of â—enâ—urst and one of the Lords of his Ma. â—â—s most honble privy Councell c. The Right Honourable Iames Earle of Northampton Baron Compton of Compton Lord Leivtenant of Warwick shire and one of the Lords of his matys most honble privy Councell â— Constable of his matys Tower of London and Leivtenant of the Hamlets thereto belonging The Right Honourable Robert Earle of Warwick and Hollandâ— and Baron Rich of Leeze and Kensington c a The Right Honourable William Earle of Devonshireâ— Baron Cavendish of Hardwick Knight of the Bath and Lord Leivtenant of Derby shire c a The Right Honourable William Feildin◠〈◊〉 de Hapsburgh Earle of Denbigâ— Viscount Feilding Baron Feilding of Newenham Padâ—x and St. Lis. and Earle of Desmond c a. in Ireland The Right Hononrable George Digby Earle of Bristoll Baron Digby of Sherborne ct The Right Honourable Gilbert Holles Earle of Clare and Baron Holles of Haughton in Nottinghamshire The Right Honourable Oliver St. Iohn Earle of Bullingbrook Baron S. t Iohn of Bletshoe ct The Right Honoâ—rable Charles Fane Earle of Westmorland and Baron de la Spencer and Burghwash ct The Right Honourable Robert Montague Earle of Manchester Viscount Mandevill Baron Kimbolton Lord Leivtenant of Huntingtonshire and one of the Gentlemen of his matys Bedchamber ct The Right Honourable Charles Howard Earle of Berkshire Viscount Andover and Baron Howard of Charlton ct The Right Honourable Iohn Sheffeild Earle of Mograue Baron Sheffeild of Butterwick Knight of the most noble Order of the Garter and one of the Gentlemâ—â— of his matys Bedchamber The Right Honourable William Ley Earle of Marlborough Baron Ley of Ley ct The Right Honourable Charles Knowles Earle of Banbury Viscount Wallingford and Baron Knowles of Greys The Right Honourable Thomas Savage Earle of Rivers Viscount Colchester and Rock savage and Baron Darcy of Chich. The Right Honourable Robert Bertue Earle of Lindsey Baron Villoughby of Eresby Lord Great Chamberlaine of England Lord Leivtenant of Lincolnshire one of the Gentlemen of the Bâ—dchamber and Lords of the most honble privy Councell to his Ma â—y K Charles yeâ— The Right Honourable Iohn Cary Earle of Dover Viscount Rochford and Baron Hunsden The Right Honourable Henry Mordaunt Earle of Peterborow Lord Baron of Turvey Lord Leiutenant of the County of Northampton Andâ— one of the Lords of his Majesties Most Honourable Privy Councell c t The Right Honourable Thomas Grey Earle of Stamford Ld. Ferrers of Grooby Banevill and Harrinâ—â—â—escended from the family of the Greus who were Marqueses oâ— Dorset the last of wch was Hen. who before his Attainâ—ure and Execution in Anno 1553 was Created Duke of Suffolk The Right Honourable Heneage Finch Earle of Winchelsey Viscount Maidston Baron Fiz Herberâ— of Eastwell Lord of the Royall Manner of Wye and Lord Leiutenant of the Countys of Kent â— Somerset The Right Honourable Charles Dormer Earle of Carnarvan Viscount Ascotâ— and Baron of wing Master Marshall and Surveyour of his Majetyes Hawks The Right Honourable Montjoy Blunt Earle of Newâ—port Baron Montjoy of Thurveston in Devonshâ—â—â— and Lord Montjoy of Montjoy Fort in Ireland c a. The Right Honourable Phillip Stanhopeâ— Earle of Chesâ—erfield and Baron Stanhope of Shelford c a. The Right Honourable Nicholas Tuftonâ— Earle of Thanet and Baron Tufton of Tufton c a. The Right Honourable Thomas Weston Earlâ— of Portland Baron Weston of Neyland c â— The Right Honourable William Wentworth Earlâ— of Strafford Viscount Wentworth and Baron Wentâ—â—â—â—â—â—d house Newmarâ—h Oversley and Raby Knight of thâ— Garler and one of the Lords of his Ma â—ys most honble privy Councell c a. The Right Honourable Robert Spencer Earle of Sunderland Baron Spencer of Wormleâ—ton one of thâ—â—â—ntlemen of the Bedchamber and Lords of the privy Councell to his Maty K Ch yâ— 2 The Right Honourable Nicholas Leake Earle oâ— Scarsdale and Baron Dayncourt c a. The Right Honourable Iohn Wilmot Earle of Rochester Baron Wilmot of Alderbury in England and Discount Wilâ—mot of Athlone in Ireland and one of the Gentlemen of his matys Bedchamber The Right Honourable Henry Iermine Earle of St. Albonâ— Baron of St. Edmondsâ—bury Knight of the most noble order of the Garter and one of the Lords of his matys most honble privy Councell c. The Right Honourable Edward Montague Earle of Sandwichâ— Viscount Montague of Hinchingbrooke and Baron Montague of St. Neots The Rt. Noble Iames Duke Marquest Earle of Ormond Earle of ossery Brâ—cknock Viscount Thurles Baron of Arklow Lanthonyâ— Ld. Leiutenan◠〈◊〉 Ireland Ld. High â—teward of his matys House hold Chancellor of the â—niversity of Oxford â—t. of the Garter â— oâ—â— of the Lds of his Ma â—â—s most Hon privy Councell â—câ— The Right Honourable Henry Hide Earlâ— of Clarendon Viscount Cornbuâ—â—â— Baron Hide of Hendon The Right honble Arthur Capell Earle of Essex Viscount Malden Baron Capell of Hadham one of the Lords of his matys most Honourable privy Councell Lord Leivtenant Custos Rotollorum of Hartfordshire laâ—â— Ld. Leivtenant Generall and Generall Governor of his Ma â—â—s Kingdome of Ireland The Right Honourable Robert Brudenell Earle of Cardigan and Baron Brudenell of Staughton ct. The Right Honourable Arthur Annesley Earle of Anglesey Baron Annesley of Newport Pagnell in England Viscount Valentia Baron Mount Norris of Mount-Noris in Ireland Ld. privy Seale one of the Lds of
his matys most honble privy Councell for England Ireland câ—â— The Right honble Iohn Earle of Bath Viscount â—renvile of Lonsdowne Baron Greenvile of Kilkhampton Bidiford L â— Warden of the Stanneries high Steward of the Dutchy of Cornwall Ld. Leivetenant of Cornwall Governour of Plymouth Groom of the Stoole first Gent. of his matys Bedchamber and one of his Ma â—â— privy Councell câ—t. The Right honble Charles Howard Earle of Carlisle Viscount Morpeth Baron Dacres of Gisland Lord Leivtenant of Cumberland and Westmorland Vice Admirall of the Coast of Northumberland Cumberland Westmoreland Bishoprick of Durham Towne and County of New castle and Maritin parts adjacent and one of the Lords of his Maties most honble privy Councell câ—t The Right honble William Earle of Craven Viscount Craven of Vffington Baron Craven of Hampsted-Marshall Lord Leivtenant of the County of Middâ—x and Borough of Southwark one of the Lords of his Mtys most honble privy Councell câ—t The Right honble Robert Bruce Earle of Alisbury Elgin Viscount Bruce of Ampthill Baron Bruce of Whorâ—â—on Skelton Kinloss Hereditary High Steward of the Honour of Ampâ—hiâ—â— Lord Leivtenant of the County of Bedford and High Steward of Leicester ct. The Right honble Richard Boyle Earle of Burlington Baron Clifford of Lansborow in Englandâ— Earle of Corke Viscount Dungarvan Baron Yaughalâ— and Lord High Trâ—asurer of Ireland â— â— The Right honble Henry Bennet Earle and Baron of Arlington Viscount Thetford Knight of the most noble order of the Garter Lord Chamberlaine of his matys Household and one of the Lords of his most honble Councel ct. The Right honble Anthony Earle of Shaâ—tesbury Baron Ashley of Wimbourne St. Giles and Lord Cooper of Pawleâ— The Right honble Henry Howard â—arle of Norwich Earle Marshall of England Baron Howard of Castle Riseing Now Duke of Norfolkâ— see in the Catalogue of Duâ—es The Right Honourable William Herbert Earle and Baron of Powis ◠〈◊〉 Right Honourable Edward Henry 〈◊〉 of Litchfield Viscount Quarenton â—â—d Baron Spilsbury The Rt. Noble Iohn Maitland Earle of Guilford and Baron of Petersham in England Duke of Latherdale Viscount Maitland Baron of Thirleston Miescleborougâ— and Bolton in Scotland Ld. Comissioner for his present Ma â—y of that Kingdome Kt. of the Garter Gentlemâ—â— of the Bedchamber and one of his matys most honble privy Councell for the Kingdomes of England Irelandâ— The Right honble Chaâ—les Fitz-Charles Earle of Plymouth Viscount Totnes and Baron Dartmouth The Right Honourable Thomas Osborne Earle of Danby Viscount Latimer Baron Osborne of Kiveton Viscount Osborne of Danblaine in Scotland Kt. of the most noble order of the Garter â— L d high Treasurer of Englandâ— ctâ— The Right Honourable George Fitz Roy Earle of Northumberland Viscount Falmouth and Baron Ponteâ—fract c a. The Right Honourable Thomas Leonard Earle of Sussex and Lord Dacres of Giles land c a. The R t Honourable Lovis Earle of Feversham Viscount Sondes Lord Duras Baron of Holdenby and Throwley Captaine of his Royall Highness Troop of his matys Guards Leivtenant Geneâ—rall of his Maties forces and Collonell of his matys owne Royall Regiment of Dragoons The Right Honourable Charles Beauclair Baron of Heddington and Earle of Burford The Right honble William Oâ—Brien Earle Baron of Insiâ—uin Baron of Burren in the Kingdome of Ireland Captaine Generall of his matys Forces in Affrica Gouernor of the Royoll Citty of Tanger vice Admirall of the same and of the parts adjacent and one of his Mat ys most honble privy Councell for the Sd. Kingdom of Ireland The Right Honourable Charles Moore Earle and Viscount of Drogheda and Baron of Mellefont in the Kingdom of Ireland c a. The Ri t honble Luke Plunkett Earle of Fingall and Baron of Killeene in the Kingdome of Ireland c a. The Rtâ— Honerable Sr. Arthur Chichester Kt Baron of Belfast Vist. Chichester of Carikfergus Earle of Donegall in ye. Kingdom of Ireland Gouernor of Carikfergus ye. Teritoryes Therâ—â—â—â— Belonging one of his mat ys Most Hoâ—â—◠〈◊〉 Councell for ye. S â— Kingdom The Rt. honble Iames Ogilby Earle of Airly Elight and Glentrahen in the Kingdome of Scotland c a. The Right Honourable Iohn Fitz Gerard Earle of Kildeare primier Earle of the Kingdome of Ireland c a. The Right Honourable William Pope Earle of Downe Baron and Lord Pope of Bellterbitt in Ireland c a. The Rt. honble Roger Palmer Earle of Castlemaine and Baron of Lamberick in the Kingdome of Ireland c a. OF EARLES CHAP. VI. THE next Degree of Honour is an Earl which Word and Title came from the Saxons For it is observed That originally within this Realm in the ancient English-Saxon Government Earldomes of Counties were not only Dignities of Honour but Offices of Justice having the charge and custody of the County whereof they were Earls and for their Assistance had their Deputy called Vicecomes which Office is now managed by Sheriffs each County having his Sheriff Annually chosen out of the eminent Inhabitants thereof under the Degree of Nobiles Majores And the Earls in recompence of their Travels concerning the Affairs of the County then received a Salary viz. a third peny of the Profits of the County which Custome continued a long time after the Conquest and was inserted as a Princely Benevolence in their Patents of Creation as by divers ancient Patents may appear which afterwards were turned into Pensions for the better support of that Honour as appeareth by a Book-Case 32 Hen. 6. 28. And therefore in respect of such Pensions or such other Gratuities given in lieu thereof some men have not without probability thereof imagined quod Comites nominabantur quia à multis fisci Regii socii Comites eidem participes essent The word Earl by the Saxons was called Erlig or Ethling by the Germans Graves as Lantgrave Palsgrave Margrave Rheingrave and the like and by the Dutch was called Eorle But upon the coming in of the Normans they were called Comes or Comites that is Counts and for Gravity in Council they are called Comes Illustris a Comitando Principem And as Earls for their Vertues and Heroical Qualities are reputed Princes or Companions for Princes so ought they to deport themselves answerable to the said Dignity as well in their Attendance and Noble House-keeping as otherwise The Dignity of Earl is of divers kinds and is either local or personal Local as from the denomination of some place and Personal as being in some great Office as Earl-Marshal and the like Those Local are also Palatine and Simplices Those that are Palatine or Count Palatine are Chester Lancaster and the Bishopricks of Durham and Ely and retain some of the ancient Priviledges allowed them by the Saxons Hugh Lupus who was the first Hereditary Earl had the County Palatine of Chester given him by the Conqueror who governed it
the former which is by lybelling secret slandering or defaming of others for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth but seeming to sit quietly in his Study doth more deeply wound his Fame and Credit than the other boisterous person doth for he in a moment threatneth to do more than peradventure he is either able or hath courage to perform in all his life For his Passion thus discovering the Malice of his Heart doth give his Adversary warning to defend himself from him But this secret Canker the Libeller concealeth his Name hideth himself in a Corner and privily sâ—ingeth his Reputation and Credit and he knoweth not how to right himself and the greater is this Offence if done to a publick Magistrate or Minister of State for then it may bring a disturbance to the peace of the King and Kingdom And if it be against a private person the staining his Reputation will cause him not to be at quiet in Body and Mind until he hath found his Enemy which many times may lie so secretly hid that he cannot be discovered and then probably one innocent upon some suspicion or other may come to suffer for it Sometimes the malicious Defamer poureth forth his poyson in writing by a Scandalous Book Ballad Epigram or Rhime near the place where the party so abused doth most converse In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be severely punished for he may either be Indicted by the ordinary Course of the Common Law and if it be an exorbitant Offence then by Pillory loss of Ears Whipping c. or the party grieved may have an Action upon the Case against the Offender and recover his Damages And in this it is not material whether the Libel be true or false or the party scandalized be alive or dead or be of a good or ill Name yet our Laws are so made as to punnish him and such like men by a due Course of Justice And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman this may be added That it is usual for any person to usurp the Arms of another Further if a Nobleman's Coat-Armour and Sword of other Gentleman 's bearing Arms at the solemnizing of their Funerals is set up in the Church for the Honour of the deceased and is by the covetousness of the Incumbent that pretendeth right thereunto as Offerings due unto him afterwards taken down or if they be defaced by any other such are to be severely punished as Malefactors And in that case the Action shall not be given to the Widow though she be Executrix or Administratrix of her Husband's Goods for such things which serve for the Honour of the party deceased are not to be accounted inter bona Testatoris And the Heir shall have his Action as the Defender of his Ancestor's Honour But the wrong is offered to the House and Blood and therein specially to the Heir qui est totius geniturae splendor and therefore to him accrueth the right of Action for so it is reported by Sir Iohn Fern in his Glory of Generosity fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged OF VISCOUNTS CHAP. VII THE next Degree of Honour to an Earl is a Viscount which was anciently a Name of Office under an Earl who being an immediate Officer of the King 's in their County for that their personal attendance was oft-times required at the Court had his Deputy to look after the Affairs of the County which at this day is an Office and called a Sheriff retaining the Name of his Substitution in Latin therefore called Vicecomes But about the Eighteenth of Henry the Sixth it became a Degree of Honour who conferred this Title upon Iohn Lord Beaumont by Letters Patent A Viscount is created by Patent as an Earl hath a Hood Surcoat and Mantle which hath on it two Guards and a half of white plain Furr without Ermins And his Coronet is only pearled with a row of Pearls close to the Chaplet He hath the Title of the Right Honourable and truly Noble or Potent Lord He may have a Taveress in his own House and his Viscountess may have her Train born up by a Woman out of her Superior's presence and in their presence by a Man The Effigies of the Right honble Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties most honble Priuy Councell ct R. Whiâ—â— sculp The Rt. Honourable George Sauile Viscount Halifax Baron Sauile The Rt. Honourable Robert Paston Viscounâ— Yarmouth Baron Paston of Paston The Rt. Honourable Francis Viscount Nervport â—f Bradford Baron Nervport of High Ercâ—ll Ld. Leutenant of ye. County of Salop. Treasurer of his matys Household one of ye. Lds of his matys most honble Privy Councell The Rt. Honâ—rblâ— Thomaâ— Needham Lâ—rd Viscount Killmurrâ—y of the Kingdome of Ireland The Rt. Honorable Wiâ—liam Viscount Brouncker of Lyonâ— and Baron Brouncker of Nâ—â— Castle in the Kingdome of Ireland a. The R t Honâ—rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland The Rt. Honorable Maurice Berkeleyâ— Baron Beckeley of Rathdowne Viscount Fitz Harding of â—ear hauen in the Kingdome of Ireland The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley. The Right Honourable Francis Browne Viscount Montague The Right Honourable William Finnâ—â— Viscount and Baron Say and Seale The Right honble Edward Viscount Conway Barâ—n of Ragley in England and Viscount of Kilultagh in Ireland Leivetenant Generall of the Horse and one of the Lords of his Majestys moâ—t honble privy for the said Kinâ—dome of Ireland The Rt. Honourable Baptist Noel Viscounâ— Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire The Right Honourable William Howard Viscount and Baron Stafford The Rt. Honourable Thomas Bellasisâ—â— Viscount Folconbergh of Henknowle 〈◊〉 Falconbergh of Yarum Lord Leivtenant of North rideing of Yorkeshire one of the Ldâ— of his 〈◊〉 Most honble Priuy Councell â—he Rt. Honourable Iohn Mordant 〈…〉 Mordant of Aveland and Baron of Rygate The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate Metropolitan of all England one of yâ— Lords of his matys most honble privy Councell The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke Primate and Metropolitane of England c a. The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London Grand Almoner to his Maty one of the Lords of his matys most honble privy Councell c a. The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum Chancellor
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
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough â—nd Baron of Clougrenan in Ireland and one of the Lords of his matys most Honourable Privy Councell for the said Kingdome and Baron of Weston in England The Right honble Heneage Lord â—inch Baron of Doventry Lord High Chancellor of England â— a The Rt. honble Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of the Bath Bart. was in the 3d of K. Ch the ist created to the sd. Dignity The Right Honourable Coecilius Coluert Baron Baltemore de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of the Provinces of Maryland and Avalon in America The Right Honourable William Lord Allington Baron of Killard in the Kingdome of Ireland The Right Honourable Iohn Lord Baron of KingstoÌ„ Ld President of the Province of Connaugh Comissary generall of ye. Horse for his matys Army in Ireland and one of the Lds of his matys most honble Privy Councell for â—he said Kingdome plerumque ridicula for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur It may leave some use and serve turn in Schools but it is too light for Judgment in Law and for the Seats of Justice Thomas Aquinas setteth down a more certain Rule In vocibus videndum non tam a quo quam ad quid sumatur and words should be taken sensu currenti for Use and Custome is the best Expositor of the Laws and Words quem penes arbitrium est jus norma loquendi in the Lord Chancellor's Speech in the Case Postnati fol. 61. And forasmuch as the word may aptly be applyed to import men of strength Bracton as before appeareth not unaptly useth the signification thereof in these words Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli The Antiquity of the Dignity of Barons and the sundry uses of the Name IT seemeth that the Dignity was more ancient than the Name for in the ancient Constitutions there is no mention made of the name of Barons howbeit the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores and afterwards called Capitanei For of the Valvasors which are thought to be the Barons Valvasores Minores and Valvasini or Valvasores Minimi The like Dignity before the Conquest had those which of the English-Saxons were called Thaines Mills fol. 28. saith Barons were in France from the beginning nevertheless the name of Baron was not much used in this Kingdom until the Norman Conquest after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons For as they in general and large signification did sometimes use the same to the sense and meaning and import of a Freeman born of a Free Parentage or such like So did the Normans use the word Baron and therefore called their best esteemed Towns and Boroughs by the name of Barons And so the Citizens of London were called Barons Londonni divers ancient Monuments of whom also Britan. maketh mention fol. 272. lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons And the Barons of Warwick in the Record of Domesday and unto our time the Free Burgesses of the Five priviledged Ports and for that also divers of the Nobility of Barons as well Spiritual as Temporal did in ancient time sit in the Exchequer to determine the matters there arising The Judges of that Court have been time out of mind called Barons of the Exchequer And â—â—lliam de la Poole was created a Baron by King Edward the Third and made Lord Chief Baron of the Exchequer Moreover as the English Saxons had two kinds of Thaines the like hath been observed as touching Barons â—or the King and the Monarchs of the Realm have their immediate Barons being the Peers of the Realm And in like manner certain others of the Nobility especially the Earls which have Jurisdiction Palatine and Earls-Marshal whose Countries have confined upon the Coasts of the Enemy and had under them for their better defence a kind of Barons as namely under the County Palatine of Chester were these Barons viz. the Barons of Hilton Mountale Molebanck Shipbrooke Malpas Massa Kinderton Stockport c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales and therefore the Earl thereof being an Earl-Marshal had also under him his Barons as by the Parliament Rolls 18 Edw. 1. doth appear It hath been therefore a common Opinion received That every Earldom in times past had under it Ten Barons and every Baron Ten Knights Fees holden of him and that those which have Four Knights Fees were usually called and promoted to the Degree of a Baron Also Lords and Proprietors of Mannors were in respect of them in ancient remembrance called Barons but absolutely and the Courts of their Mannors called thereof Courts Barons It resteth now for the more explanation of the use of the name of Barons that we call to remembrance that which hath bin afore spoken That the Custome of our Country is that if a Baron be created Earl the eldest Son of the said Earl taketh upon him in the life time of his Father the Name and Title of the Barony although he want the priviledges belonging to a Baron The Tenor and proper signification of the word Baron BArons Honourable are of three kinds viz. by Tenure by Writ and by Creation or Patent As for Barons by Prescription which some men have spoken of they are intended to be all one with the Barons by Tenure or those whose Ancestors time out of mind have been called to Parliament by Writ for otherwise there are no such to be found as Barons by Prescription only CHAP. X. Barons by Tenure BArons by Tenure are those which do hold any Honour Castle or Mannor as the head of their Barony per Baroniam which is Grand Serâ—eanty And those Barons by Tenure are of two sorts Barons Spiritual by Tenure and Barons Temporal by Tenure Of Barons Spiritual by Tenure sufficient is said whereunto may be added That it appeareth by all the ancient Writers of our Law as Brittan Glanvile Bracton and the rest that the Archbishops and Bishops of the Realm in the ancient Saxons days as well during the time that the Realm was divided into divers Kingdoms as also after the uniting of them into one Monarchy were called to Parliament or Assemblies of State as Wisemen not so much in respect of their Tenure for in those days all their Tenures were by a Frank Almoigne but especially for that the Laws and Counsels of men are then most currant and commendable and have a more blessed Issue and Success where they are grounded upon the Law of God the Root and Beginning of
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
Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
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
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