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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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and that by reason of their Honourable Order and Employment and also to all Bannerets made under the Kings Banner or Standard displayed in an Army Royal in open War and the King personally present Note also That if any of the Degrees of Nobility above-mentioned are descended of the Blood Royal they are to have place of all those of the same Degree with them Moreover Observe that all the Nobles of the same Degree take place according to the Seniority of their Creation There are certain Marks of State that belong to each Degree amongst the Nobility which they may practise or not practise at pleasure A Duke may have in all places out of the Kings presence a Cloth of Estate hanging down within half a yard of the ground so may his Dutchess and her Train born up by a Baron and no Earl to wash with a Duke without the Dukes pleasure A Marquiss may have a Cloth of Estate reaching within a yard of the ground and that in all places out of the presence of the King or a Duke and his Marchioness to have her Train born by a Knights Wife and no Vicount to wash with a Marquiss but at his pleasure An Earl also may have a Cloth of Estate without Pendants but only Fringe and a Countess may have her Train born by a Gentlewoman out of the presence of her Superiours and in their presence by a Gentleman A Vicount may have a Cover of Assay holden under his Cup while he drinks but no Assay taken as Dukes Marquisses and Earls may have And a Vicountess may have her Gown born up by a Woman out of the presence of her Superiours and in their presence by a Man A Baron may also have the Cover of his Cup holden underneath whilst he drinketh and a Baroness may have her Gown born up by a man in the presence of a Vicountess All Dukes eldest Sons be as Earls and the younger as Lords with the addition of their Christian Names as Lord Thomas Lord John c. A Dukes eldest Son of the Blood Royal shall take place of a Marquiss that is not and of an Earl that is of the Blood Royal. A Marquisses eldest Son is called Lord of a place and the younger Sons Lord Thomas Lord John c. A Marquisses eldest Son of the Blood Royal shall go before an Earl that is not and of a Vicount that is of the Blood Royal. An Earls eldest Son is called Lord of a place and all his Daughters Ladies but his younger Sons not Lords An Earls eldest Son of the Blood Royal takes place of a Vicount that is not and of a Lord that is of the Blood Royal. A Vicounts eldest Son is no Lord nor his Daughters Ladies and therefore the eldest Son and the eldest Daughter of the first Vicount of England is said to be the first Gentleman and Gentlewoman without Title in England A Vicounts eldest Son of the Blood Royal takes place of all Barons The Princes of the Blood the Great Officers of the Realm and the Bishops are to precede according to an Act of Parliament 31 H. 8. The Lord Chancellour Lord Treasurer Lord President of the Kings Council Lord Privy Seal These being Barons or above shall in Parliament sit above all Dukes except the Son Brother Grand-Child or Nephew of the King The Lord High Steward of England is not here named because it was intended that he should not continue beyond the occasion for which he should be made Next hath place the Lord Great Chamberlain of England then the Lord High Constable the Earl Marshal the Lord High Admiral Lord Steward of the Kings Houshold Lord Chamberlain of the Kings Houshold These shall sit after the Lord Privy Seal above all of their Degree only And if the Kings Principal Secretary be a Baron he takes place of all Barons that are not of the Offices before mentioned but if he be a Vicount or higher Degree he shall take place only according to his Degree Also if the Kings Secretary be a Bishop as antiently was usual he takes place next to the Bishop of Winchester of all other Bishops that have none of the Offices aforesaid All Dukes Marquisses Earls Vicounts and Barons not having any of the said Offices shall take place according to the antiently of their Creation All Dukes eldest Sons have the Title of Earls and the eldest Son of an Earl hath the Title of the Earls Barony and sometimes of the Vicountry according to the Patent A Catalogue of the Peers of England according to their Precedence Dukes of the Royal Blood JAMES Duke of York and Albany Earl of Ulster Lord High Admiral of England the Kings only Brother Rupert Duke of Cumberland and Earl of Holderness Edgar Duke of Cambridge The Lord Chancellour or Lord Keeper of the Great Seal the Lord Treasurer and the Lord Privy Seal take place before all Dukes not of the Blood Royal. Dukes Thomas Howard Duke of Norfolk William Seymour Duke of Somerset George Villars Duke of Buckingham Charles Stuart Duke of Richmond George Monk Duke of Albemarle James Scot Duke of Monmouth William Cavendish Duke of Newcastle Marquisses John Pawlet Marquiss of Winchester Edward Somerset Marquiss of Worcester Henry Pierrepont Marquiss of Dorchester Earls These three take place in respect of their Offices Bertue Earl of Lindsay Lord High Chamberlain of England James Butler Earl of Brecknock Lord Steward of the Kings Houshold Edward Montague Earl of Manchester Lord Chamberlain of the Kings Houshold Earls Awbrey de Vere Earl of Oxford Algernon Percy Earl of Northumberland Francis Talbot Earl of Shrewsbury Anthony Grey Earl of Kent Charles Stanley Earl of Derby John Mannours Earl of Rutland Theophilus Hastings Earl of Huntingdon William Russel Earl of Bedford Philip Herbert Earl of Pembroke Theophilus Clinton Earl of Lincoln Charles Howard Earl of Nottingham James Howard Earl of Suffolk Richard Sacvile Earl of Dorset William Cecil Earl of Salisbury John Cecil Earl of Exeter John Edgerton Earl of Bridgewater Robert Sydney Earl of Leicester James Compton Earl of Northampton Charles Rich Earl of Warwick William Cavendish Earl of Devonshire Basil Fielding Earl of Denbigh George Digby Earl of Bristol Lionel Cranfield Earl of Middlesex Henry Rich Earl of Holland John Hollis Earl of Clare Oliver St. John Earl of Bullingbroke Mildmay Fane Earl of Westmorland Montague Earl of Manchester Thomas Howard Earl of Berkshire Thomas Wentworth Earl of Cleveland Edward Sheffield Earl of Mulgrave Thomas Savage Earl Rivers Bertue Earl of Lindsay Nicolas Knowles Earl of Banbury Henry Cary Earl of Dover Henry Mordant Earl of Peterborough Henry Grey Earl of Stamford Henage Finch Earl of Winchelsey Charles Dormer Earl of Caernarvon Montjoy Blunt Earl of Newport Philip Stanhop Earl of Chesterfield John Tufton Earl of Thanet William Wentworth Earl of Strafford Robert Spenser Earl of Sunderland James Savil Earl of Sussex George Goring Earl of Norwich Nicholas Leak Earl of Scarsdale John
him Prince of Wales and bestowed on him all the Lands Honours and Revenues belonging to the said Principality The Prince hath ever since been stiled Prince of Wales Duke of Aquitaine and Cornwall and Earl of Chester and Flint which Earldomes are alwayes conferred upon him by his Patent since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but more ordinarily the Prince of Wales As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth The King of Englands Eldest Son so long as Normandy remained in their hands was alwayes stiled Duke of Normandy Antiently the Princes of Wales whilest they were Soveraigns bare quarterly Gules and Or 4 Lyons passant gardant counterchanged The Arms of the Prince of Wales differ from those of the King only by addition of a Labell of three points and the Device of the Prince is a Coronet beautified with three Ostrich Feathers inscribed with Ich dien which in the German or old Saxon Tongue is I serve alluding perhaps to that in the Gospel The Heir whilest his Father liveth differeth not from a Servant This Device was born at the Battel of Cressy by John King of Bohcmia as serving there under the King of the French and there slain by Edward the Black Prince and since worn by the Princes of Wales and by the Vulgar called the Princes Arms. The Prince by our Law is reputed as the same Person with the King and so declared by a Statute of Henry 8. Corruscat enim Princeps say our Lawyers radiis Regis Patris sui censetur una persona cum ipso And the Civilians say the Kings Eldest Son may be stiled a King He hath certain Priviledges above other Persons To imagine the death of the Prince to violate the Wife of the Prince is made High Treason Hath heretofore had priviledge of having a Purveyor and taking Purveyance as the King To retain and qualifie as many Chaplains as he shall please To the Prince at the Age of 15 is due a certain Aid of Moneys from all the Kings Tenants and all that hold of him in Capite by Knight Service and Free Socage to make him a Knight Yet as the Prince in nature is a distinct person from the King so in Law also in some cases He is a Subject holdeth his Principalities and Seignories of the King giveth the same respect to the King as other Subjects do The Revenues belonging to the Prince since much of the Lands and Demesnes of that Dutchy have been aliened are especially out of the Tinne Mines in Cornwall which with all other profits of that Dutchy amount yearly to the summe of The Revenues of the Principality of Wales surveyed 200 years ago was above 4680 l. yearly a rich Estate according to the value of Money in those dayes At present his whole Revenues may amount to Till the Prince come to be 14 years old all things belonging to the Principality o● Wales were wont to be disposed of by Commissioners consisting of some principal Persons of the Clergy and Nobility The Cadets or younger Son of England are created no● born Dukes or Earls of what Places or Titles the King pleaseth They have no certain Appanages as in France but onely what the good pleasure of the King bestows upon them All the Kings Sons are Consilii nati by Birth-right Counsellors of State that so they may grow up in the weighty affairs of the Kingdom The Daughters of England are stiled Princesse the eldest of which have an Aid or certain rate of Money paid by every Tenant in Capite Knight Service and Soccage towards her Dowry or Marriage Portion To all the Kings Children belong the Title of Royal Highness All Subjects are to be uncovered in their presence to kneel when they are admitted to kiss their hands and at Table they are out of the Kings Presence served on the Knee The Children the Brothers and Sisters of the King if Plaintiffs the summons in the Process need not have the solemnity of 15 dayes as in Case of other Subjects The Natural or Illegitimate Sons and Daughters of the King after they are acknowledged by the King take precedence of all the Nobles under those of the Blood Royal. They bear what Surname the King pleaseth to give them and for Arms the Arms of England with a Bend Sinister border Gobionnee or some other mark of illegitimation Some Kings of England have acknowledged many and had more illegitimate Sons and Daughters King Henry the First had no fewer than sixteeen illegitimate Children Henry the Eighth amongst others had one by Elizabeth Blount named Henry Fitzroy created by him Duke of Somerset and Richmond Earl of Notingham and Lord High Admiral of England Ireland and Aquitain OF THE PRESENT KING OF ENGLAND THe King now raigning is CHARLES the Second of that Name His Name of Baptisme Charles in the German Tongue signifies one of a Masculine strength or vertue The Royal and also the most princely and antient Families of Europe at this day have properly no Surnames for neither is Burbon the Surname but the Title of the Royal Family of France nor Austria of Spain nor Stuart of England since the coming in of King James nor Theodore or Tudor for his 5 immediate Ancestors in England nor Plantagenet for 11 Generations before as some vainly think for although Geffery Duke of Anjou was surnamed Plantagenet from a Broom Stalk commonly worn in his Bonnet yet his Son H. 2. King of England was surnamed Fitz-empresse and his Son Richard Coeur de Lion So Owen Grandfather to King Henry 7. was ap Meredith and he ap Theodore pronounc'd Tyder Surnames being then but little in use amongst the Cambrobritans So Walter Father to Robert King of Scotland from whom our present King is descended was only by Office Grand Seneschal or High Steward or Stuart of Scotland though of later times by a long vulgar errour it hath so prevailed that they are accounted Surnames of many Families descended from him Steward is a Contraction from the Saxon word Stedeward that is in Latine Locum-tenens in French Lieu-tenant because the Lord High Steward was Regis Locum tenens a Name not unfit for any King who is Dei Locum tenens Gods Stuart or Lieutenant or Vicegerent upon Earth The King now raigning is Son to King Charles the Martyr and the Princess Henretta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his Veins all the Royal Blood of Europe concentred Is descended lineally and lawfully from the British Saxon Danish Norman and Scottish Kings and Princes of this Island From the first British King the 139th Monarch from the Scottish in a continued Succession for almost 2000 years the 109th from the Saxon the 46th and from the first of the Norman Line the 26th King So that for Royal
under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660 came over with the King into England and being Lord High Admiral in the year 1665 in the War against the Vnited States of the Netherlands commanded in person the whole Royal Navy on the Seas between England and Holland where with incomparable valour and extraordinary hazard of his own Royal Person after a most sharp dispute he obtained a Signal Victory over the whole Dutch Fleet commanded by Admiral Opdam who perisht with his own and many more Ships in that Fight He married Anne the eldest Daughter of Edward Earl of Clarendon late Lord High Chancellour of England by whom he hath had a numerous issue whereof are living first the Lady Mary born 30 April 1662 whose Godfather was Prince Rupert and Godmothers the Dutchesses of Buckingham and Ormond Secondly the Lady Anne born in Febr. 1664 whose Godfather was Gilbert Lord Archbishop of Canterbury her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth She is lately for her health transported into France Thirdly 15 Sept. 1667 was born Edgar lately created Duke of Cambridge by Letters Patents under the Great Seal of England whose Godfathers were the Duke of Albemarle and the Marquiss of Worcester his Godmother the Countess of Suffolk The Titles of his Royal Highness are Duke of York and Albany Earl of Ulster Lord High Admiral of England Ireland and all Foreign Plantations Constable of Dover Castle Lord Warden of the Cinque Ports Governour of Portsmouth c. Of the Prince of Orenge NExt to the Duke of York and his Issue is William of Nassau Prince of Orenge only Issue of the lately deceased Princess Royal Mary eldest Daughter to King Charles the First and wedded 1641 to William of Nassau Commander in Chief of all the Forces of the States General both by Land and by Sea His Highness the present Prince was born 9 dayes after his Fathers death on the 14th Novemb. 1650 had for Godfathers the Lords States General of Holland and Zealand and the Cities of Delft Leyden and Amsterdam His Governess was the Lady Stanhop then wife to the Heer van Hemvliet At 8 years of age was sent to the University of Leyden His Revenue is about 60000 l. Sterling besides Military Advantages enjoyed by his Father and Ancestors which amounted yearly to about 30000 l. Sterling more He is a Prince in whom the high and princely qualities of his Ancestors already appear Of the Princess Henretta THe next Heir after the fore-named to the English Crown is the Princess Henretta only Sister living to the present King of England She was born the 16th of June 1644 at Exeter during the heat of the late Rebellion after the surrender of Exeter conveyed to Oxford and thence 1646 to London whence with her Governess the Lady Dalkieth she escaped into France was there educated as became her high Birth and Quality but being left wholly to the care and maintenance of the Queen her Mother at Paris embraced the Romish Religion At the age of 16 years came with the Queen Mother into England and 6 moneths after returning into France was married to the only Brother of the French King the Illustrious Prince Philip then Duke of Anjou till the death of his Uncle and now Duke of Orleans whose Revenue is 1100000 Livres Tournois besides his Appanage not yet setled Her Portion was 40000 l. Sterling her Joynture to be the same with the present Dutchess Dowager of Orleans This Princess hath issue one Daughter if she hath a Son the French King allows him 50000 Crowns yearly and the Appanage after the death of the present Duke reverts to the Crown Of the Prince Elector Palatine THere being left alive no more of the Off-spring of King Charles the First the next Heirs of the Crown of England are the Issue and Descendants of Elizabeth late Queen of Bohemia only Sister to the said King who was married to Frederick Prince Palatine of the Rhine afterwards stiled King of Bohemia whose eldest Son living is Charles Lodowick Prince Elector Palatine of the Rhine commonly called the Palsgrave from the High Dutch pfaltzgraff Palatii Comes was born the the 22th December 1617 at Heydelberg and afterwards in Holland at the Hague and at the University of Leyden was educated in a Princely manner At the age of 18 years came into England was created Knight of the Garter about two years after fought a Battel in Westphalia In the year 1637 passing incognito thorow France to take possession of Brisach upon the Rhine which the Duke Saxon Weymar intended to deliver up unto him together with the Command of his Army he was by that quick-sighted Cardinal Richlieu discovered at Moulins and thence sent back Prisoner to the Bois de Vincennes whence after 23 weeks imprisonment he was by the mediation of the King of England set at liberty In the year 1643 he came again into England and with the Kings secret consent because the King could not continue unto him the wonted Pension whilst the Rebels possest the greatest part of his Majesties Revenues made his Addresses to and abode with the disloyal part of the Lords and Commons at Westminster until the Murder of the said King and the Restauration of the Lower Palatinat according to the famous Treaty at Munster for which he was constrained to quit all his right to the Upper Palatinat and accept of an Eighth Electorship at a juncture of time when the King of England had he not been engaged at home by an impious Rebellion had been the most considerable of all other at that Treaty and this Prince his Nephew would have had the greatest advantages there In 1650 he espoused the Lady Charlotte Daughter to the Landgrave of Hessen by which Lady he hath one Son named Charles aged about 16 and one Daughter aged about 14. Of Prince Rupert NExt to the Issue of the Prince Elector Palatin is Prince Rupert born at Prague 27 Novemb. 1619 not long before that very unfortunate Battel there fought whereby not only all Bohemia was lost but the Palatin Family was for almost 30 years dispossest of all their Possessions in Germany At 13 years of age he marcht with the then Prince of Orenge to the Siege of Rhineberg afterwards in England was created Knight of the Garter At the age of 18 he commanded a Regiment of Horse in the German Wars and in a Battel being taken by the Imperialists under the Command of Count Hatzfield he continued a prisoner above three years In 1642 returning into England and made General of the Horse to the King fights and defeats Collonel Sands near Worcester routed the Rebels Horse at Edge-hill took Cirencester recovered Lichfield and Bristol raised the long Siege before Latham House fought the great Battel at Marston Moor was created Earl of Holderness and
Duke of Cumberland after the extinction of the Male Line of the Cliffords Finally the Kings forces at land being totally defeated he transported himself into France and was afterward made Admiral of such Ships of War as submitted to King Charles the Second to whom after divers disasters at Sea and wonderful preservations he returned to Paris 1652 where and in Germany sometimes at the Emperours Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of his Majesty now raigning after which returning into England was made a Privy Counsellour in 1662 and in 1666 being joyned Admiral with the Duke of Albemarle first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the Enemy soon to flight He enjoys a Pension from his Majesty of 4000 l. per Annum After Prince Rupert the next Heirs to the Crown of England are 3 French Ladies Daughters of Prince Edward lately deceased who was a younger Son of the Queen of Rehemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. Sterling a year After these is the Princess Elizabeth eldest Sister living to the Prince Elector Palatin born 26 Decemb. 1618. unmarried and living in Germany The next is another Sister called the Princess Louisa bred up at the Hague with the Queen her Mother in the Religion of the Church of England at length embracing the Romish Religion is now Lady Abbess of Maubisson at Ponthoise not far from Paris Last of all is the Princess Sophia youngest Daughter to the Queen of Bohemia born at the Hague 1630. and in 1659 wedded to John Duke of Lunenberg and Free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters Of these three Princesses it is said that the first is the most learned the second the greatest Artist and the last one of the most accomplisht Ladies in Europe Of the Great Officers of the Crown NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown whereof there are Eight viz. the Lord High Chancellour the Lord High Treasurer the Lord Privy Seal the Lord High Admiral the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Steward for the time being First the Lord High Chancellour Summus Cancellarius so called because all Patents Commissions Warrants coming from the King and perused by him are signed if well or cancelled if amiss He is after the King and Princes of the Blood in Civil Affairs the highest Person in the Kingdom as the Archbishop of Canterbury is in Ecclesiastical Affairs His Office is to keep the Kings Great Seal to judge not according to the Common Law as other Civil Courts do but to moderate the rigour of the Law and to judge according to Equity Conscience or Reason His Oath is to do right to all manner of People poor and rich after the Laws and Customs of the Realm and truly counsel the King to keep secret the Kings Counsel nor suffer so far as he may that the Rights of the Crown be diminisht c. From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws till Henry 8. made Chancellour one Richard Rich a Common Lawyer from whom is descended the present Earl of Warwick and the Earl of Holland since which time there have been some Bishops but most Common Lawyers This High Office is in France durante vitâ but here is durante beneplacito Regis The Salary from the King is 848 l. per Annum and when the Star-Chamber was up 200 l. per Annum more for his Attendance there The Lord Chancellour or Lord Keeper who differ only in Name is created per traditionem magni Sigilli sibi per dominum Regem and by taking his Oath The Great Seal being lately taken from Edward Earl of Clarendon Lord Chancellour was by his Majesties great favour bestowed upon Sir Orlando Bridgeman with the Title of Lord Keeper of the Great Seal of England The next Great Officer of the Crown is the Lord High Treasurer of England who receives this high Office by delivery of a White Staffe to him by the King and holds it durante beneplacito Regis Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury His Oath is little different from that of the Lord Chancellour He is Praefectus Aerarii a Lord by his Office under whose Charge and Government is all the Kings Revenue kept in the Exchequer He hath also the check of all the Officers any way emploied in collecting Imposts Customs Tributes or other Revenues belonging to the Crown He hath the gift of all Customers Controllers and Searchers in all the Ports of England He hath the nomination of the Escheators in every County and in some Cases by Statute is to appoint a Measurer for the length and breadth of Clothes He with others joyned in Commission with him or without letteth Leases of all the Lands belonging to the Crown He giveth Warrants to certain Persons of Quality to have their Wine Custom free The Annual Salary of the Lord High Treasurer is in all 383 li. 7s 8d per Annum Since the decease of Thomas Wriothesly last Earl of South-hampton and last Lord High Treasurer of England this Office hath been executed by a Commission granted to five eminent Persons viz. the Duke of Albemarle Lord Ashley Sir Thomas Clifford Sir Will. Coventry and Sir John Duncomb The Third Great Officer of the Crown is the Lord Privy Seal who is a Lord by his Office under whose hands pass all Charters and Grants of the King and Pardons signed by the King before they come to the Great Seal of England also divers other matters of less Concernment as for payments of money c. which do not pass the Great Seal He is by his Place of the Kings Privy Council and Chief Judge of the Court of Requests when it shall be re-continued and besides his Oath of Privy Counsellour takes a particular Oath as Lord Privy Seal His Salary is His Place according to Statute is next to the Lord President of the Kings Council It is an Office of great Trust and Skill that he put not this Seal to any Grant without good Warrant under the Kings Privy Signet nor with Warrant if it be against Law or Custom until that the King be first acquainted This great Officer is mentioned in the Statutes of 2 Rich. 2. and then ●anked amongst the Chief Persons of the Realm And is at present enjoyed by John Lord Robarts Baron Robarts of Truro The Fourth Great Officer of the Crown is the Lord
High Admiral of England whose Trust and Honour is so great that this Office hath usually been given either to some of the Kings younger Sons near Kinsmen or to some one of the highest and chiefest of all the Nobility He is called Admiral from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek that is Praefectus Marinus a word borrowed from the Eastern Empire where such kind of compounds were much in re-request and introduced into England after the Wars in the Holy Land by King Richard or King Edward 1. The Patent of the Lord Admiral did anciently run thus Angliae Hiberniae Aquitaniae Magnus Admirallus but at present thus Angliae Hiberniae ac Dominiorum Insularum earundem Villae Callesiae Marchiarum ejusdem Normandiae Gasconiae Aquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum To the Lord High Admiral of England is by the King intrusted the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that High Officer or Magistrate to whom is committed the Government of the Kings Navy with Power of decision in all Causes Maritime as well Civil as Criminal of all things done upon or beyond the Sea in any part of the World all things done upon the Sea Coasts in all Ports and Havens and upon all Rivers below the first Bridge next toward the Sea The Lord Admiral hath the power to commissionate a Vice-Admiral a Reer Admiral and all Sea Captains also Deputies for particular Coasts Coroners to view dead bodies found on the Sea Coasts or at Sea Commissioners or Judges for exercising Justice in the Court of Admiralty to imprison release c. He hath sometimes a power to bestow Knighthood to such as shall deserve it at Sea To the Lord Admiral belongs by Law and Custom all penalties and amercements of all Transgressors at Sea on the Sea Shore in Ports and from the first Bridge on Rivers towards the Sea also the Goods of Pyrats Felons or Capital Faulters condemned outlawed or horned Moreover all Waifs Stray Goods Wrecks of Sea Deodands a share of all lawful Prizes Lagon Jetson and Flotson as the Mariners term them that is Goods lying in the Sea on Ground Goods floting on the Sea and Goods cast by the Sea on the Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea Hogs and other Fishes of extraordinary bigness called Royal Fishes except only Whales and Sturgeons This High Dignity is at present enjoyed by the Kings only Brother the Illustrious Prince James Duke of York The Fifth Great Officer of the Crown is the Lord Great Chamberlain of England an Officer of great Antiquity to whom belongs Livery and Lodging in the Kings Court and certain Fees due from each Archbishop and Bishop when they do their Homage or Fealty to the King and from all Peers of the Realm at their Creation or doing the Homage or Fealty and at the Coronation of any King to have 40 Ells of Crimson Velvet for his own Robes and on the Coronation day before the King riseth to bring him his Shirt Coyfe Wearing Clothes and after the King is by him apparelled and gone forth to have his Bed and all Furniture of his Bed-Chamber for his Fees all the Kings Night Apparel and to carry at the Coronation the Coyfe Gloves and Linnen to be used by the King upon that occasion also the Sword and Scabberd and the Gold to be offered by the King and the Robe Royal and Crown and to undress and attire the King with his Robes Royal and to serve the King that day before and after Dinner with water to wash his hands and to have the Basin and Towells for his Fees c. This Honour was long enjoyed by the Earls of Oxford from the time of Hen. 1. by an Estate Tayle or Inheritance but in the two last Coronations by the Earls of Lindsey and that by an Estate of Inheritance from a Daughter or Heir General claimed and controverted The Sixth Great Officer is the Lord High Constable of England so called some think from the Saxon Cuning by contraction King and Stable quasi-Regis columen for it was antiently written Cuningstable but rather from Comes Stabuli whose Power and Jurisdiction was antiently so great that after the death of Edward Bohun Duke of Buckingham 1521 the last High Constable of England it was thought too great for any Subject But since upon occasion of Coronations as at that of King Charles 2. was made the present Earl of Northumberland and at Solemn Trials by Combat as at that which was intended between Rey and Ramsey 1631 was made Robert Earl of Lindsey there is created pro hac vice a Lord High Constable His Power and Jurisdiction is the same with the Earl Marshal with whom he sits Judge in the Marshals Court and takes place of the Earl Marshal The Seventh Great Officer of the Crown is the Earl Marshal of England so called from Mare in the old Saxon i.e. Horses and Schal Praefectus He is an Earl some say by his Office whereby he taketh as the Constable doth Cognisance of all matters of War and Arms determineth Contracts touching Deeds of Arms out of the Realm upon Land and matters concerning Wars within the Realm which cannot be determined by Common Law This Office is of great Antiquity in England and antiently of great Power The last Earl Marshal was Henry Howard Earl of Arundel who died in 1652 his Father Thomas Earl of Arundel and he enjoying that Office onely for the Term of their lives by the Kings Letters Patents At the Coronation of His Majesty now raigning the present Earl of Suffolk for that Solemnity only was made Earl Marshal The Eighth and last Great Officer of the Crown is the Lord High Steward of England quasi Stedeward Locum tenens the Kings Lieftenant in Lawyers Latin Seneschallus of Sen in Saxon Justice and Schals Governour or Officer His Power antiently in Civil Matters was next to the King and was so transcendent that it was thought fit not longer to trust it in the hands of any Subject for his Office was Supervidere regulare sub Rege immediatè post Regem as an antient Record speaks totum Regnum Angliae omnes ministros Legum infra idem regnum temporibus pacis guerrarum The last that had a State of Inheritance in this High Office was Henry of Bullinbrook Son and Heir to the great Duke of Lancaster John of Gaunt afterwards King of England since which time they have been made only hâc vice to officiate at a Coronation by vertue of which Office he sitteth judicially and keepeth his Court in the Kings Palace at Westminster and there receiveth the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise claim to do Services at the New Kings Coronation
Willmot Earl of Rochester Henry Jermin Earl of St. Albans Edward Montague Earl of Sandwich James Butler Earl of Brecknock Edward Hyde Earl of Clarendon Arthur Capel Earl of Essex Thomas Brudnel Earl of Cardigan Anthony Annesly Earl of Anglesey John Greenvile Earl of Bath Charles Howard Earl of Carlile John Craven Earl of Craven Thomas Bruce Earl of Alisbury Richard Boyle Earl of Burlington Vicounts Leicester Devereux Vicount Hereford Francis Brown Vicount Montague James Fiennes Vicount Say and Seale Edward Conway Vicount Conway Baptist Noel Vicount Camden William Howard Vicount Stafford Thomas Bellasis Vicount Falconbridge John Mordant Vicount Mordant George Savil Vicount Halifax Barons John Nevil Lord Abergavenny James Touchet Lord Andley Charles West Lord de la Warre George Berkly Lord Berkly Thomas Parker Lord Morly and Monteagle Francis Lennard Lord Dacres Conyers Darcy Lord Darcy and Menil William Stourton Lord Stourton William Lord Sandys de la Vine Edward Vaux Lord Vaux Thomas Windsor Lord Windsor Thomas Wentworth Lord Wentworth Wingfield Cromwel Lord Cromwell George Evre Lord Evre Philip Wharton Lord Wharton Francis Willoughby Lord Willoughby of Parham William Paget Lord Paget Dudly North Lord North. William Bruges Lord Chandos William Petre Lord Petre. Dutton Gerard Lord Gerard. Charles Stanhop Lord Stanhop Henry Arundel Lord Arundel of Warder Christopher Rooper Lord Tenham Fulk Grevil Lord Brooke Edward Montague Lord Montague of Boughton Charles Lord Howard of Charlton William Grey Lord Grey of Wark John Robarts Lord Robarts John Lovelace Lord Lovelace John Pawlet Lord Pawlet William Mainard Lord Mainard Thomas Coventry Lord Coventry Edward Lord Howard of Escrick Warwick Mohun Lord Mohun William Butler Lord Butler Percy Herbert Lord Powis Edward Herbert Lord Herbert of Cherbury Francis Seymour Lord Seymour Francis Newport Lord Newport Thomas Leigh Lord Leigh of Stonelty Christopher Hatton Lord Hatton Henry Hastings L. Loughborough Richard Byron Lord Byron Richard Vaughan Lord Vaughan Charles Smith Lord Carington William Widrington Lord Widrington Humble Ward Lord Ward Thomas Lord Culpeper Isaack Astley Lord Astley Richard Boyle Lord Clifford John Lucas Lord Lucas John Bellasis Lord Bellasis Lewis Watson Lord Rockingham Charles Gerard Lord Gerard of Brandon Robert Sutton Lord Sutton of Lexinton Charles Kirkhoven Lord Wotton Marmaduke Langdale Lord Langdale William Crofts Lord Crofts John Berkley Lord Berkley Denzil Hollis Lord Hollis Frederick Cornwallis Lord Cornwallis George Booth Lord de la Mere. Horatio Townsend Lord Townsend Anthony Ashley Cooper Lord Ashley John Crew Lord Crew c. Henry Bennet Lord Arlington John Freschevile Lord Fresschevile Richard Arundel Lord Arunde● of Trerice Of Temporal Lords or Peer of England there are at presen● about 170 whereof there ar● 10 Dukes 3 Marquisses 6● Earls 8 Vicounts and 78 Barons whereas within 60 year● last past there was not on● Duke but one Marquiss abou● 20 Earls 3 or 4 Vicounts an● 40 Lords The Laws and Customs of England alwayes willing that Decorum and Conveniency should be every where observed and considering the Charges and Expences appertaining to the several Degrees of Honour as they belong to Men of Principal Service to the King and Realm both in time of War and Peace expected that each of them should have a convenient Estate and Value of Lands of Inheritance for the support of their Honours and the Kings Service Therefore antiently when the intrinsique value of a Pound Sterling was worth 30 l. of our Money now every Knight was to have about 800 Acres reckoned at 20 l. yearly in Land that is about 600 l. of our Money at this day A Baron to have 13 Knights Fees and one third part which amounted to 400 l. which multiplied by 30 was as much as 8000 l. a year at this day An Earl 20 Knights Fees and a Duke 40. And in case of decay of Nobility or that they had so far wasted their Revenues that their Honours could not decently be maintained as the Roman Senators were in such case removed from the Senate so sometimes some English Barons have not been admitted to sit in the Higher House of Parliament though they kept the Name and Title of Dignity still For the better support o● these Degrees of Honour the King doth usually upon the Creation of a Duke Marquiss Earl or Vicount grant an Annuity or yearly Rent to them and their heirs which is so annext to the Dignity that by no Grant Assurance or any manner of Alienation can be given from the same but is still ●ncident to and a support of the same Creation contrary to that Principle in Law That every Land of Feesimple may be charged with a Rent in Fee-simple by one way or other To a Duke the King grants 40 l. heretofore a considerable Pension to a Marquiss 40 Marks to an Earl 20 l. and to a Vicount 20 Marks To Barons no such Pensions is ordinarily granted onely the late King creating Mountjoy Blount the late Earl of Newport Lord Mountjoy of Thurlston granted him a Fee of 20 Marks per annum to him and his heirs for ever As the King of England hath ever had the repute of the richest in Domaines of any King in Europe so the Nobility of England have been accounted the richest in Lands of any Neighbouring Nation some having above 20000 l. yearly others 15000 and so many of them above ten that if one with another they have 10000 l. yearly it will amount to in all amongst the 160 Lords Sixteen hundred thousand pounds a year about the ninth part of the yearly Revenue of all England which upon Computation is found to be about Fourteen Millions yearly The English Nobility for Valour Wisdome Integrity ●nd Honour hath in all former Ages been equal to any in Christendom Every Lords House was a kind of a well disciplined Court insomuch that the Gentry Males and Females were wont to be sent thither for vertuous breeding and returned excellently accomplisht At home their Table Attendance Officers Exercises Recreations Garb was an Honour to the Nation Abroad they were attended with as brave numerous and uniform Train of Servants and Followers as any ●u●ope not thinking it consistent with their Honours to be seen walk the Streets almost in Cuerpo with one Lackey or not that much less to be found drinking in a Tavern c. If the English Nobility by ● long continued Peace excessive Luxury in Diet want o● Action c. were before th● late Wars born more feeble in body than their Ancestors an● by too fine and too full Die● afterwards were rendred weaker in mind and then during th● late troubles by much licentiousness and want of fit Education were so debauched tha● it was lately difficult to fin● as some are bold to affirme the Courage Wisdom Integrity Honour Sobriety and Courtesie of the Antient Nobility yet is it not to be doubted but that under a Warlike Enterprising Prince all those Vertues of their Fore-Fathers may spring afresh especially if we consider the vicissitude
be verified of Religion and Gods Service amongst us The time thereof may be Threescore years and ten if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church and the best read Historian cannot produce one example of a happy State where the Clergy hath been exposed to the peoples Contempt which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable It is the last Trick saith St. Gregory that the Devil hath in this World when he cannot bring the Word and Sacraments in disgrace by Errours and Heresies he invented this Project to bring the Clergy into contempt and low esteem as it is now in England where they are accounted by many as the dross and refuse of the Nation Men think it a stain to their blood to place their Sons in that Function and Women ashamed to marry with any of them whereas antiently in England as among the Jews the Tribe of Levi was counted Noble above all other Tribes except that of the Royal Tribe of Judah the Function of the Clergy was of so high account and esteem that not only the best Gentry and Nobility but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before disdained not to enter into Holy Orders and to be Clergy-men as at this day is practised in most other Monarchies of Christendome Ethelwolph Son and Successor to Egbert first sole King of England was in Holy Orders and Bishop of Winchester at his Fathers death Odo Bishop of Bayeux in Normandy was Brother to William the Conquerour Henry de Blois Brother to King Stephen was Bishop of Winchester Geofry Plantagenet Son to Henry 2 was Bishop of Lincoln Henry de Beaufort Brother to Henry the 4th was Bishop also of Winchester And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman to omit many others of Noble Blood Which Policy is still observed even amongst the few Families of the Romish Religion in England wherein are to be found at this day some Brothers or Sons of Dukes Marquisses Earls and Barons in Holy Orders and all the rest of the Stock of Baronets Knights or Gentry and for this cause find respect not only amongst those of their own Opinions but even of the more sober moderate and best civilized Protestants Whilst this Policy lasted in England the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the Kingdom according to the Divine Policy amongst Gods peculiar People where the Priests and Levites were the Principal Officers and Judges in every Court to whom the People were to be obedient on pain of death and the Laity did with much reverence and respect submit to them And as then Os Sacerdotis Oraculum erat plebis according to that of Malachi 2. 7. So Os Episcopi Oraculum erat Regis Regni Rex amplectabatur universum Clerum lata fronte ex eo semper sibi eligebat primos a Consiliis primos ad officia Regni obeunda Primi igitur sedebant in omni Regni Comitiis Tribunalibus Episcopi in Regali quidem Palatio cum Regni Magnatibus in Comitatu una cum Comite in Turno cum Vicecomite in Hundredo cum Domino Hundredi sic ut in promovenda Justitia usquequaque gladius gladium adjuvaret nihil inconsulto Sacerdote vel Episcopo ageretur And because the Weal of the Kingdom and the Service of the King depended so much upon them and their presence for that end so oft required at London it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London and it is known at this day where stood the Houses of every one except that of St. Asaph which also might probably have had one but more obscure than some other that Bishoprick having been as still very mean Great was the Authority of the Clergy in those dayes and their Memory should be precious in these dayes if we consider that they were the Authors of so great benefits and advantages to this Kingdom that there are few things of any importance for promoting of the welfare of this Church and State wherein the Bishops and Prelats under God have not been the Principal Instruments The Excellent Laws made by King Ina King Athelstan King Edmund and St. Edward from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the perswasions and advice of Bishops and Archbishops named in our Histories The Union of the 2 Houses of York and Lancaster whereby a long and bloody War was ended was by the most wise Advice and Counsel of Bishop Morton then a Privy Councellour The Union of England and Scotland that inexpressible advantage to both Nations was brought to pass by the long fore-sight of Reverend Bishop Fox a Privy Councellour in advising Henry the 7th to match his Eldest Daughter to Scotland and his Younger to France Most of the Great Publick Works now remaining in England acknowledge their antient and present being either to the sole Cost and Charges or to the liberal Contributions or at least to the powerful Perswasions of Bishops as most of the best endowed Colledges in both our Vniversities very many Hospitals Churches Palaces Castles have been founded and built by Bishops even that famous chargeable and difficult Structure of London-Bridge stands obliged to the liberal Contributions of an Archbishop and it was a Bishop of London at whose earnest request William the Conquerour granted to the City of London so large Priviledges that in a grateful remembrance thereof the Lord Mayor and Aldermen to this day upon some solemn dayes of their resort to St. Pauls Church do go in Procession to the Grave Stone where that Bishop lies interred But above all The Converting England to the Christian Religion the Reforming that Religion when corrupted and since that the maintenance of the Doctrine thereof against all Romish Writers and of the Discipline thereof none of the least good Offices against all the Practices and Power of the Puritan and Presbyterian Factions and all those other Sectaries lineally descended from them all this and more is owing if not solely yet principally to Bishops and Prelats by the late want of whom to sit at the Stern how soon was this goodly Vessel split upon the Rocks of Anarchy and Confusion Even since the late Restauration of Bishops to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy would tire the Reader What Sums of Money have been by them expended in repairing Cathedral Churches Episcopal Houses in founding and building Hospitals in Charity to poor Widdows of Clergymen utterly ruined by the late Rebels for redeeming of poor Christian Slaves at Algier what publick and private Sums for supplying the Kings Necessities at his
Restauration what Expences in Hospitality c. above and beyond the Charity and Bounty of others who have ten times their Wealth and Riches As they have then been beneficial to this Kingdome above and beyond other ranks of men so they have had the highest respect reverence and esteem In all Ages amongst all Nations amongst Turks as well as Jews and Christians it was judged fit that the Principal Domestique Servants of the King of Heaven and Earth either should be of the Chiefest and Noblest upon Earth or at least should be so esteemed Such Reverence our Ancestors bare to that Function that as Selden observes to fall down and kiss the Feet was a Ceremony usual towards other Bishops and Principal Prelates besides the Bishop of Rome Divers of our Saxon and Norman Kings and Nobles so respected them that they constrained them in Publick Grants yet to be seen to sign before the highest of the Lay Nobles and sometimes before the Kings own Sons and Brothers and to rank them before c. In the year 1200. three Kings viz. of England Scotland and of South-Wales to express their pious and courteous respect to Hugh Bishop of Lincoln disdained not with their own Royal Shoulders to bear his dead Corps to the Grave And yet it hath been observed even by Strangers that the Iniquity of the present times in England is such that the English Orthodox Clergy are not only hated by the Romanists on the one side and maligned by the Presbyterian on the other side as the English Liturgy hath also been for a long time by both of them a sure evidence of the excellency thereof and as our Saviour was crucified between two Theeves but also that of all the Christian Clergy of Europe whether Romish Lutheran or Calvinian none are so little respected beloved obeyed or rewarded as the present Pious Learned Loyal Orthodox Clergy of England even by those who have alwayes professed themselves of that Communion O Deus in quae tempora reservasti nos Here followeth a Catalogue of the present Deans in the Provinces both of Canterbury and York In the Province of Canterbury Dr. Turner Dean of Canterbury Dr. Sancrost Dean of Pauls Dr. Dolben Bishop of Rochester and Dean of Westminster Dr. Clark Dean of Winchester Dr. Wilford Dean of Ely Dr. Creyton Dean of Bath and Wells Dr. Williams Bishop of Ossory and Dean Commendatory of Bangor Dr. Fell Dean of Christ-Church Dr. Hardy Dean of Rochester Dr. Gueson Dean of Chichester Dr. Thomas Dean of Worcester Dr. ●redyok Dean of Salisbury Dr. Honywood Dean of Lincoln Dr. Lloyd Dean of St. Asaph Dr. Cary Dean of Exeter Dr. Duport Dean of Peterborough Dr. Crofts Dean of Norwich Dr. Toogood Dean of Bristol Dr. Hodges Dean of Hereford Dr. Brough Dean of Glocester Dr. Wood Dean of Litchfield In the Province of York Dr. Hitch Dean of York Dr. Sudbury Dean of Durham Dr. Carlton Dean of Carlile Dr. Bridgeman Dean of Chester Note That in the Cathedral Churches of St. Davids and of Landaff there never hath been any Dean but the Bishop in either is Head of the Chapter and in the Bishops absence the Chanter at St. Davids and at Landaff the Archdeacon Note also That there are some Deans in England without any Jurisdiction only for honour so stiled as the Dean of the Chappel Royal and Dean of the Chappel of St. George at Windsor Moreover Some Deans there are without any Chapter yet enjoying certain Jurisdictions as the Dean of Croyden the Dean of Battel the Dean of Bocking c. Of the Nobility or Second Estate of England NObiles quasi viri Noscibiles or Notabiles In all Christian Monarchies men that have been Notable for Courage Wisdom Wealth c. have been judged fit and worthy to enjoy certain Priviledges Titles Dignities Honours c. above the Common People to be placed in an higher Orbe and to be as a Skreen between the King and the Inferiour Subjects to defend the one from Insolencies and the other from Tyranny to interpose by their Counsel Courage and Grandeur where common persons dare not ought not to be so hardy to support the King and defend the Kingdom with their lives and fortunes The Nobility of England is called the Peerage of England because they are all Pares Regni that is Nobilitate Pares though gradu impares The Degrees of the English Nobility are onely five viz. Duke Marquiss Earl Vicount and Baron These are all Barons but the four first are for State Priviledge and Precedence above and before other Barons A Duke in Latine Dux a ducendo Noblemen being antiently either Generals and Leaders of Armies in time of War or Wardens of Marches and Governours of Provinces in times of Peace afterwards made so for term of life then held by Lands and Fees at length made Hereditary and Titular The first Duke since the Conquerour was Edward the Black Prince created so by Edward 3 in the 11th year of his Raign A Duke is at this day created by Patent Cincture of a Sword Imposition of a Cap and Coronet of Gold on his Head and a Verge of Gold put into his hand Marchio a Marquiss was first so called from the Government of Marches and Frontier Countries The first that was so created was Robert Vere Earl of Oxford made Marquiss of Dublin in Octavo of Richard 2. A Marquiss is created by a Cincture of a Sword Imposition of a Cap of Honour with a Coronet and delivery of a Charter or Patent Earls antiently called Comites because they were wont Comitari Regem to wait upon the King for Counsel and Advice The Saxons called them Ealdormen the Danes Eorlas and the English Earls They had antiently for the support of their state the third penny out of the Sherives Court issuing out of all Pleas of that Shire whereof they had their Title but now it is otherwise An Earl is created by the Cincture of a Sword a Mantle of State put upon him by the King himself a Cap and a Coronet put upon his head and a Charter in his hand All Earls are stiled by the King Consanguinei nostri Our Cosins and they antiently did and still may use the style of Nos All the Earls of England are local or denominated from some Shire Town or Place except 2 whereof one is personal as the Earl Marshal of England who is not only honorary as all the rest but also officiary The other is nominal viz. Earl Rivers who takes his denomination from an Illustrious Family as the rest do from some noted place Vicecomes quasi vice Comitis gubernaturus Comitatum This Title was first given say some by Hen. 6. in the 18th year of his Raign to John Beaumont though it may be found that 5 H. 5. Sir Robert Brent was by that King created a Vicount A Vicount is so made by Patent In the Laws of the Longobards and of the Normans this Word
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle ●n ●●arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbe●ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Ve●dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is ●all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be en●●red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be ar●aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood o● Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him i● seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amer●ed only 10 pounds and all under only 5 l. and this to be done by their Peers accord●ng to Magna Charta al●hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm be●ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome no● by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8● Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no● farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quate●us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts