Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	war_n	17,303	5	6.8100	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36230	Honors pedigree, or, The [se]veral fountaines of gentry [be]ing a treatise of the distinct degrees of the nobilitie of this kingdome, with their rights and priviledges, according to the lawes and customes of England / [by] that juditious lawyer, Sir John Dodoredge ...	Doddridge, John, Sir, 1555-1628.	1652 (1652)	Wing D1793; ESTC R37279	103,037	198

of his Substitution in Latine therefore called Vicecomes as it is to be read at large in Cambden The Earls in recompence of their travell concerning the Officers of the County received a Sallary namely the third peny of the profits of the said County which custome continued a long time after the Conquest and was inserted as a Princely benevolence or gift in their Patents of Creation as by divers ancient Patents thereof may appear which afterwards were turned into pensions for the better maintenance of that honour as appeareth by a Book Case upon the pleading of a Pattent whereby King Henry the sixth Created that worthy Knight Sir John Talbott Earl of Shrewsbury which pension is so annexed to their dignity as that by any means of Alienation it cannot be at any time severed and disjoyned from the same and therefore in respect of such pensions which were the third part of the profits of the County or such other sum given in lieu thereof some men have not without probability thereof imagined quod Comites nominabantur quia in multis fiscu Regii Socii et Comites item participes essent vide Cooks 7 part 34. a. Of the single Earls and not Palatine within the Realm of England there were and have been principally two kindes but every of them subdivided into severall branches for they either take name of a place or hold their title without any place at all Those that take their name of a place are of two kindes for either the same place is a County and this is most usuall as the Earl of Devon-Shire Cornwall Kent c. or else of some other place being no County as a Town Castle Honour or such like of which later sort some are most ancient having their originall even from the Conquerer or shortly after as the Earldome of Richmond in York-Shire Clarence in Suffolk Arundel ni Sussex all which had their originall in the time of the Conquerer by Donation of those Castles and Honors the Earldome of Bath in the time of H. 7. and after in the time of H. 8. erected in the Family where it now remayneth and the Earldome of Bridgewater whereof Giles Dawbery was created in the time of H. 7. Earldomes which have their titles without any place are likewise of two kindes either in respect of office as is the Earl Marshall of England for it is granted in this or the like manner Officium Marescalli Angliae with further words viz. A. B. c. Comitem Marescallum Anglia creamus ordinavimus constituimus c. By which it appeareth that the very Office is an Earldom which title of Earl Marshall of England King Richard 2. gave first to Thomas Newbray Earl of Nottingham whereas before they were simply stiled Marshalls of England Cambden 167. The second sort of Earls by birth and so are all the Sonnes of the Kings of England if they have no other dignity bestowed upon them and therefore it was said that John afterwards King of England in the life of his Father Hen. 2. was called countiscane terrae before he was affied to Alice the daughter of the Earl of Moreton in France though Hollenshed fol. 103. writing of the degrees of people in England saith That the Kings younger Sonnes are but Gentlemen by birth till they have received creation from the King of high estate Earls and all others of the degree of Nobility and honour have Offices of great trust and confidence being for two principall purposes ad consulendum Regi tempore Pacis to Councell the King in time of peace the other ad defendendum Regem Patriam tempore belli to defend the King and Country in time of Warre and therefore Antiquity hath given unto them two Ensignes to resemble both the said duties For the first the head is adorned with a Cap of honour and a Coronet and the body with a Robe in resemblance of Councell Secondly They are girt with a sword in resemblance that they must be faithfull and true to defend the Prince and Country Cooks 7. part 34. a. But to come to the Kings high Councell of Parliament No man ought to presume before he hath received the Kings-Writ of Summons for the rule is ad consilium ne accedas antequam voceris the forme of a writ of Summons to an Earl is as followeth Rex c. Unto his welbeloved Cofin Edward Earl of Oxford greeting Because by the assent and advise of our Councell for certain weighty and urgent businesse concerning us the State and defence of our Kingdom and Church of England we have ordained to be holden a certain Parliament at our Citie of Westminster the 22. day of November next coming and there together with you and with the Prelates the great and noble men of our said Kingdom to have conference and treaty commanding and firmely enjoyning you upon your faith and alleageance whereby you are holden unto us that the dangers and perills imminent of that businesse considered and all excuse set a part you be present the said day in the same place with us and with the Prelates and great and noble men aforesaid to treat and give Councell upon the aforesaid businesse and hereof fail you not as you tender us our honour and the safeguard and defence of our Kingdom and Church aforesaid Witnesse our self at Westminster in the second day of March in the first yeer of our Raign Cromptons Courts tit Parliam 1. which is recited out of the Book of Entries 594. Upon this Writ three things have been observed First A priviledge incident to an Earl or other of degree above him for the Kings doth salute him by the name of his Co●in although he peradventure be of no consanguinity to the King Secondly When the King doth summon an Earl or any other Peer of the Realm of the Parliament he doth send his Writ directed to himself particularly and not to the Sheriff of the County as the generall Summons are for Knights and Burgesses for the Parliament Thirdly The Writ is to the Earl of Oxford greeting not naming him Knight though he be a Knight and though that degree be parcell of his name as appeareth 3. Hen. 6. fol. 29. And Priscot chief Justice in the 32. H. 6. 29. That i● an Esquire be made Knight he looseth the name of Esquire But if a Knight be made a Nobleman he doth still retain the name of Knight and so ought to be stiled in all Writs And Cooks 4. part fol. 118. a. saith Th● if a Baron be created an Earl yet his title of Baro● doth continue B●t in Plowdens Book 213. It is agreed That if the Crown of England do descend to a Duke within England his name of Duke is gone for omne ●● jus tollit minus The increase of Name by the Addition of Honour AFter a Man is created an Earl Viscount or in any other title of honour above them his title become parcell of his name and not an addition

proceedings onely by such name and title as he hath received from the King of this Realm whose Subject he is and if by the King of England he be not advanced to Title of Honour then shall he bear the name of his Baptism onely and Surname unlesse he be a Knight 20 Ed. 4. 6. Cook 7. part 16. a. A Duke of Spain or of other forraign Nation cometh into England by the Kings safe-Conduct in which also the King doth stile him Duke according to his Creation neverthelesse in all proceedings in the Kings Courts he shall not be stiled by his name of dignity Cook in the last Book before And though the said Noble person be also by the Kings Letters Patents and by his forraign name and title of dignity made Denizen for that is the right name so called because his legitimation is given unto him for if you derive Denizen from Denizee as one born within the Allegiance or Obedience of the King then such a one should be all one with a naturall born Subject wherein a Denizen faileth in many things or if they be naturalized also by the authority of Parliament whereby he seemeth to be in all things made as a Subject born in England yet he shall not be stiled with his forraign title of dignity Cooks 7 part 15. a. And so it is if a Noble man of France ● come into England as Ambassadour and here by lawfull Marriage hath issue a sonne the father dieth the son is by birth a naturall English-man yet he shall not bear the Title of Honour of his father and the cause and reason hereof is Because the title of his Nobility had his originall by a French King and not by any naturall peration which thing is well proved both by authority of Law and experience in these dayes for in the book last mentioned in that leaf is resolved a more stranger case that is albeit that a Postnatus of Scotland or Ireland who is in these dayes a naturall Subject to the King of England or any of his posterity be he the heir of a Noble man of Scotland or of Ireland yet he is none of the Nobility of England But if that Allien or stranger born or Scot be summoned by the Kings Writ to come unto his Parliament and is therein stiled by his forraign stile or by other Title whereunto he is invested within England by the Kings grant then from thenceforth he is a Peer of this Realm and in all Judiciall and legall proceedings he ought to be so stiled and by no other name 39 Ed. 3. 36. And it was the case of Guilbert Humphreyvile Earl of Anger 's in Scotland For it appertaineth to the Royall prerogative of the King to call and to admit any Alien born to have voyce and place in his Parliament at his Parliament at his pleasure although it is put in practice very rarely and seldome time and that for very great and weighty considerations of State And if after such Parliamentary Summons of such a stranger born question do arise and the issue whether he is of that title or no it may well be tryed by the Records which is the onely lawfull tryall in that case Cooks 7. part 15. a 6 part 53. But there is a diversity worthy the observation for the highest and lowest dignities are universall and therefore a Knight in all place soever he received his title of dignity and so ought of right and by Law be named in the Kings Courts 26 Ed. 4. 6. 39. Ed. 3. 36. Also if the Emperour or the King of Denmark or any other forraigne King come into this Realm by safe-Conduct as he ought For a Monarch or an absolute Prince though he be in League cannot come into England without License and safe-Conduct of the King of England but any subject to such forraigne King in league may come into this Realm without License Cook 7. part 21. 6. in this case he shall sue and be sued by the name of Emperour or King other wise the writ shall abate There is a notable president cited out of Fleta where treating of the Jurisdiction of the Kings Court of Marshalsey it is said And these things he may lawfully do by Office that is to say the Steward of the Kings Houshold notwithstanding the liberty of any other although in another Kingdom where the offender may be found in the Kings house according to that which happened ●t Paris held in the 14 yeer of Ed. 1. of one Engleam of Nogent taken in the Houshold of the King of England the King himself being then in Paris with Silver dishes lately stollen at which deed the King of France being present and whereupon the Court of the King of France did claym cognizance of the plea concerning that theft by Jurisdiction of the Court of Paris the matter being diversly debated in the Councell of the King of France at length it was ordered that the King of England should use and enjoy that his Kingly prerogative of his Houshold where being convicted by Sir Robert Fitz-John Knight Steward of the Kings Houshold of the theft by consideration of the same Court was hanged on the Gallows in St Germans fields Cooks 7. part 15. 6. And there by the way may also be noted from the reason in the recited Books alleadged the person of a King in another Kings Dominions is not absolutely priviledged but that he may be impleaded for debt or trespasse or condemned for Treason committed within the said Dominions for it is a generall Law of Nations That in what place an offence is committed according to the Law of that place they may be judged without regard of any priviledge neither can a King in another Kingdom challenge any such prerogative of immunity from Laws for a King out of his proper Kingdom hath no merum Imperium absolute power but onely doth retain ●onoris titulos dignitatis the Titles of Honour and Dignity so that where he hath offended in his own person against the King of the Nation where he is per omnia distringitur etiam quoad personam he may be distrayned even to his own person And the same Law is of Ambassadours ne occasio daretur dolinquendi lest occasion of offence be given like as a sanctuary will save a mans life from man-slaughter but not when man-slaughter is committed within the Sanctuary for then he doth wilfully wave the benefit of all priviledges and prerogatives and neverthelesse it bindeth firm that Ambassadours 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 injuriously may lay violent hands upon them without breach of the Law of Nations and much lesse upon the person of a King in a strange Land Bracton a Judge of this Realm in the Raign of King Hen. 3. in his first Book 8 saith in effect as followeth There is no respect of persons with God because God

he shall be out of ward and custody both for his Land and for his body vide Cook 6 part 74 a. And therfore it is provided by the statute of Magna Charta Cap. 3. Ita tamen quod si ips● dum infra atatem fuerint fiat miles nihil ominus terra remaneat in custodia dominorum suorum So that although such an heir within age be made a Knight and therby to this purpose is esteemed of full age yet the Laws shall remain in the custody of the Lord till his age of 21. years by the provision of the said Act. Quere if the son and heir of the Tenant of the King by Knight-service c. be made Knight in Paris by the King of France whether he shall be out of wardship after the death of his Father or no for therby he is a Knight in England Cook 7. par a. 2. E. 4. fo b. tamen vide Cooks 6. par 74. b. Mention is only made of Knights made by the King himself or by his Lieutenants in Ireland But when the King doth make an heir apparent within age of a Tenant by Knights service a Knight in the life time of his Ancestor and after the death of his Ancestor the said heir being within age shall in this case be out of ward and shall pay no value for his marriage neither shall the Lord have the custody of the Land for in that case by the making of him Knight in the life of his Ancestor he is made of ful age so that when his Ancestor dyeth no Interest in the body nor in the Land shall invest but the Knight may tender his livery as if he were of full age and in this case the King shall have primer seisin as if he had bin 21. years old at the time of the decease of his Ancestor and not otherwise Cooks 8. part fol. 171. a. for the statute of Magna Charta doth not extend unto it For the purpose of it doth extend only when the Heir is in ward infra etatem is made Knight then remaneat terra in Custodia But when the Heir is in ward being Knight in the life of his Ancestor then the Custody cannot remain or continue which had never any inception or essence Also when the Heir after the death of his Ancestour within age is made a Knight if after tender made unto him he within Age doth marry else-where yet he shall not pay the Forfeiture of his Marriage For by the making of him Knight he is out of ward and custody of his Lord for then he ought to be sui juris and may imploy himself in Feats of Arms for defence of ths Realm and therfore may not be within the Custody or keeping of another but none shall pay any Forfeitute but when after refusall he doth marry himself during the time when he is under the Custody or keeping of his Lord. And this doth appear by the statute of Merton cap. 6. Si maritaverit sine licentia Domini sui ut ei auferat Maritagium suum c. Which Words cannot be understood when he is out of Ward and Custody no more then when he is married after his age of one and twenty years Note hereby may appear that the King may present his Grant or other Lords of the double value by Knighthood yet in such a Case presently after the Heir is made Knight after the Death of his Ancestour the Lord may have a Writ de valore Marigii for the single Cooks 6. part 74. and 75 and note Plowden f. 267. Also by the ancient Common-law of this Realm if a Villain be be made a Knight he is immediatly enfranfranchized Olanvile lib. 5. cap. 5. f. ●7 and Bracton lib. 4. cap. 198. b. Or if a Ribauld or man of base Birth and Condition had strucken a Knight he should by the ancient Laws have lost his hand wherwith he offended Britton 19. in his appeales But in France it was judged antiently that when a Lord of a villain had Knighted his villain being a Gentleman he became Free and had the Honor lawfully but if another Lord had Knighted him nothing had bin wrought by it For none could mannue him but the Lord and till Mannumission or till Knighthood had civill Freedome for his ground he was not capable of it except by the King only vide Seldens Titles of Honour fol. 318. It was enacted in Parliament Anno 6. Ioh. Regis in hec verba Rex vicecom c. Sciatis quod consensum est cum assensu Archieporum Comit. Baronium omnium fid●lium urum Angl. quod Novem milites per totam Angl. invenient decimum militem bene paratum equis Armis ad defensionem Regni nostri vide Cook before his ninth Book b. There hath ever bin and still is great use of the service of Knights even in civil affairs and concerning matters of Iustice as in a Writ of right which is the highest writ in the law for the trials of titles touching the inheritance of lands the Tenant is at election to have his tryall by a grand assize or else by battle if by the great assize then W●●t de magna assiza Elegenda shall be taken out And upon the return of that Writ those four Knigh●s nominated must appear Gladiis cinctis Dyer 79. f. 103. If the Tenant make his election by Battle each parties are to choose their Champions and the Court shall award the Battle and the Champions shall be a mainprise and sworn to perform the Battle at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain ground their Squadrant that is to say every square 60. foot East West North and South and the place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Cloths which belong to their Court at Westminster and a Barre there shall be made for the Sergeants at Law and the Robes of the Justices and Sergeants shall be of Scatlet with their Coifes as it was Anno 13. Eliz. and then was made Proclamation with three O. yes c. and the Demandant was first solemnly demanded and did not appear Wherupon the Mainprise of the Champion was demanded to bring forth the Champion of the Demandant who came to the place apparelled with red Sandalls upon his black Armour bare legged from the knee downwards and bare headed and bare Arms to the Elbowes being brought in by a Knight namely by Sir Ierome Bowes who carryed a Red Baston of an Ell long typt with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists and then came towards the Bar before the Justices with their solemn Congies and there was he made to stay on the Southside of the place being the right side of

of the Towne degree state condition or mysterie And when hee was named Cooke hee observed the Statute For hee hath named him by his name of mysterie and yet hee may be in that case an Esquire and a Cooke 14. H. 6. fol. 15. If a man be an Esquire or Gentleman only by office and lose his office hee then doth lose his gentry also 26. H. 6. Estopell 47. Note Esquire or Gentleman are but additions to satisfie the said Statute But names of dignity are parcell of the name vide Bro additions 58. 21. E. 4. 71. b. and therefore if a precipe quod reddat bee brought against A. B. yeoman and Recovery is had whereas the Iennant was a Gentleman yet the Recovery is good The same Law where a Release is made to A. B. yeoman who is a Gentleman and where addition is given by the Party where it needeth not by the law being no dignity it is void so if a deed be made to a Gentleman by the name of a yeoman For there is a great difference betweene deeds and writs Cooks 6. part a. If an Esquire be to be arraigned of high treason he may and ought to be tryed Per probos legales homines that may dispend 40. s. per An. of free-hold or bee a 100. l. in value in goods and so the Statute that doth speake of men of his condition hath alwayes beene put in ure Dyer 99. b. The King may make an Esquire by Patent in these words viz. creamus te Armigerum c. Note Mr. Sebden his Preface to his titles of honour 5. b. and 313. By the Statute of 21. H. 8. cap. 13. It is amongst other things enacted That the brethren and sonnes borne in wed-locke of every Knight being spirituall men may every of them purchase lycense and dispensation and receive take and keepe two parsonages or benefices with cure of soules The sonne or sonnes of any Knight is priviledged to keep a Grey hound or setting doge or nets to take Peasants or Patridges in though he cannot dispend x. l in his own right or in his wives right of an estate of inheritance or of the value of 30. l. of estate for life 1. Jac. cap. 17. The Definition of Gentry or civill Nobility GEnerous seemeth to be made of two words the one French Gentile honestus vel honesto natus the other Saxon mon as if you would say a man well borne and under this name are all comprised that are above yeoman so that Nobles are truly called Gentlemen by the course and custome of England Nobility is either Major or Minor Major containes all titles and degrees from Knights upwards Minor from all Barons downewards Gentlemen have their beginning either of blood as that they are borne of worshipfull parents or that they had expedited something worthy in peace or warre whereby they deserve to have armes and to be accounted Gentlemen But in these dayes he is a Gentleman who is so commonly taken and reputed Doctor Ridley 96. And whosoever lludieth in the Vniversities who professeth the liberall sciences and to be short who can live idly and without manuall labour and will beare the Port charge and countenance of a Gentleman he shall bee called Master For that is the title that men give to Esquires and other Gentlemen For true it is with us as one said Tanti eris aliis quanti tibifueris and ●● need be a King of Heralds shall give him for money armes newly made and invented with the Creast and all the title whereof shall pretend to have bin found by the said Herauld in the perusing and viewing of old Registers where his ancestors in time past had beene recorded to beare the same or if he will doe it more truly and of better faith hee will write that for the merits of and certaine qualities that he doth see in him and for sundry noble acts which he hath performed hee by the authority which he hath as King of Heralds in his Province and of armes giveth unto him and his heires these and these heroicall bearings in arms vide Smith de Republic Anglorum But some men of Iudgement make doubt and question whether this manner of making Gentlemen is to be allowed or no and it may seeme that it is not amisse For first the Province looseth nothing by it as hee should doe if hee were in France Reade Fortescue fol. 82. For the Yeoman or Husbandman is no more subject to toyle or tax in England then Gentlemen nay in every payment to the King the Gentleman is more charged which he beareth the more gladlier and dare not gainesay to save and keepe his honour and reputation in any shew or muster or other particular charge of the Towne where he is he must open his purse wider and augment his proportion above others or else he doth diminish his honour and reputation as for their outward shew a Gentleman if he will bee accounted he must goelike a Gentleman And if he be called to the warres hee must and will whatsoever it cost him array himselfe and arme his body according to the vocation that he pretendeth hee must also shew a more manlike courage and tokens of better education higher stomacke and bountifuller liberality then others and keepe about him idle servants who shall doe nothing but waite upon him so that no man hath hurt by it but himself who hereby perchance will beare a bigger sayle then he is wel ableto maintain For as touching the policy and government of the Common-wealth it is not those that have to doe with it which will magnifi● themselves and goe in higher Buskins then their estate but they who are to be appointed are persons tryed and well knowne In 25. Eliz. the case was that whereas it is required by the Statutes of 1. H. 5. cap. 5. That in every writ originall c in which an exigent shall be awarded that additions should bee given unto the Defendant of their estate and degree c. and the case was that one was a yeoman by his birth and yet commonly called and reputed a Gentleman and yet it was adjudged that a writ may bee brought against him with the addition of Gentleman For so much as the intention of the act is to have such a name given by which hee may be knowne this is sufficient to satisfie the law and the act of Parliament For nomen dicitur a noscendo quia natitiam facit Cook 6. part 65. and 67. a. But if a Gentleman bee sued by addition of Husbandman he may say hee is a Gentleman and demand Iudgement of the Writ without saying and not husbandman For a Gentleman may be a husbandman but hee shall be sued by his addition most worthy An. 14. H. 6. b. 15. For a Gentleman of what estate soever hee be although hee goe to plough and by common Law though he have nothing in his purse yet is a Gentleman and shall not be named in legall proceedings