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A11178 A briefe treatise against detractors of dignities. Published by Ra: Rugbie Esquire. Allowed by authoritie Rugbie, Ralph. 1622 (1622) STC 21444; ESTC S106128 10,759 30

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A BRIEFE TREATISE AGAINST DETRACTORS OF DIGNITIES Published BY RA RVGBIE Esquire Allowed by Authoritie LONDON Printed by George Eld. 1622. AGAINST DETRACTORS OF DIGNITIES NImium admiror vestram hanc insolentiam Tho Walsingham pag. 21 n. 30. eo quòd sapientium ministerium gradus vsurpastis sapientiae autem studium operam neglexistis It was a saying of King Aelfrea's vnto certaine persons which did take vpon them to iudge without learning and may be well applied to those who question Dignities and presume to censure Statum Dignitatem Baronettorum thus without any true Precedent or ground It is shewed in the booke published by his Maiestie touching the Creation of Baronets The Booke published by his Maiestie touching the creation of Baronets pag. 19. printed 1611. That there is nothing of honor or value which is sought or desired be the motives never so good but may receive scandall from some who wanting the same good affection to the publique or being in other considerations incapable can be contented out of enuy to those that are so preferred to cast aspersions and imputations vpon them And out of which of these or whether from them all this proceeds I know not but certaine I am great was their error to reach at prerogatives so transcendent and of this high mysterie when as no Democraticall gouernment could ever ascend vnto it it being an Imperiall right due onely to Monarchs to dispose of Dignities Regnerus Sixtinus de Iure rega ca. 2. Estius Regalium vel ius Imperij creandi Magistratus dandi Insignia Nobilitatis sive Nobiles creandi ad famam honores restituen di Regnerus Sixtinus de Iure Rega And herewith agrees the Act of 31. of King H 8. Stat 31. H 8. cap 10. That it appertaineth to the Kings Prerogative Royall to give such honor reputation See also Smiths Common wealth of England pag 28. 48. accord and place as to his most excellent wisdome shall seeme meet Wherein his Maiestie hath that absolute power that if it had pleased his Highnes there might haue beene as well inserted the like Clause in their Letters Patents for the Creation of this Dignity as was formerly in a Charter made by his Royall Auncester King H 7. sct. 2. Parte Patent anno 1. H 7. memb 21. Quod Rex non vult arguendum communicandum aut disputandum per quoscunque The which followeth the opinion of Bracton Iustice Bracton f 6. f 34. in the time of King H. 3. sct. De Chartis Regijs factis Regum non debent nec possunt privatae personae disputare And that it is against the duty of a subiect to deteriorate his Highnes Prerogative See the Mirror of Iustice The Mirror of Iustice cap. 5. that by the auncient Common Law of England It was held a crime against Maiestie And that he was periur'd against the oath of a Subiect See the Stat 36. E 3. cap 16. The care had for preseruation of the rights of the Crowne who did any way substract or diminish the Rights or Prerogatives of the King Yet that these neverthelesse will impugne his Maiesties Prerogative and disable his Highnes in that power his Royall Progenitors had This shewes they did not as the wise men of the East in Math. 2. Math 2. Dier f 94. Selden Hon pag 208. Co li 7. f. 33. Ranulphus of Chester f 387. Camden Brit pag 165. 167. follow the right starre Did not King E 3. create Dukes and King R 2. Marquesses to be hereditary Dignities to precede and goe before Earles and Barons that were farre auncienter Did not afterwards King H Davis Report f 60. Co li 9. f 124. 6. create Viscount's to be an hereditary Dignity likewise and gave them the place and precedency of Barons Was not also the Institution of the Order of the Garter Smiths Common-wealth pag. 25. Camden Brit. pag. 171. 172. Selden Hon. pag. 353. 359. 362. and Banneret's created by E 3. and Knights of the Bath by H 6. Mils pag. 24. to take place of Knights Bachelors and yet were they subsequent Dignities vnto them And hath not the place beene ever given at the Prince his pleasure and sometimes the Precedencie before them of the same degree though they were after them created Vide Rot Parl 23. Ch. a. 23. H. 6. memb 26. n. 24. See Camden Brit. pag. 570. H 6. where King H 6. granted to Henry Earle of Warwicke And it appeares in the Cha. ab anno 27. vsque 37. H. 6. n. 24. Orig. 31. H. 6 Rot. 27. That afterwards H. 6. created Edmond Hadham Earle of Richmond and to take his place as the first Earle of England this Preeminence to be the first and chiefe Earle of England and to carry this Style sct. Henricus Praecomes totius Angliae Comes Warwici and afterwards created him Duke of Warwick and by these expresse words of his Patent granted that hee should take his place in Parliament and elsewhere Camden Brit. pag 570. next vnto the Duke of Norfolke and before the Duke of Buckingham Ch. 25. 26. H. 6 memb 31. Vide 25. 26. H 6. Humfridus Stafford Dux Buckingham quod sit primus Ducum in Anglia Billae signatae anno 21. 22. H. 8. See 21. 22. H 8. a Grante to Anne Rochford of the Dignitie of Marchionesse of Penbroke to take her place before all of her ranck excepting the Kings Issue Vide 18. Pat. 18. H. 6. parte 2. memb 20. 23. H. 6. This was the first honorary and hereditary Viscount after the Conquest H 6. Rex 12 0 die Februarij concessit Iohanni Domino de Beaumont nomen Vicecomitis de Beaumont cum 20. marcis percipiendis annuatim sibi haeredibus suis masculis quod habeat locum ante supra omnes Vicecomites fiendos sive creandos haeredes filios omnium Comitum ac sedem honorē immediate proxime Comitibus regni Angliae in Parliamētis c. Vide a 2. Parte Pat. an 1. E. 4. memb 13. 1. E 4 Robertus Botill Prior Hospitalis sancti Iohannis Ierusalem in Anglia See also Selden Hon. pag. 283. primus Baro Regni Angliae c. Pat. anno 5. H. 3. memb 5. Et vide a 5. H 3. Rex c. salutem Obtentu dilecti Militis nostri Domini Rogeri de Leyburne volentes ipsum propter ipsius grata merita accepta servitia culmini nostro gratanter impensa benigno favore prosequi dilectione vniversitatem vestram affectuose rogamus quatenus ipsum vbicunque locorum de caetero tanquam nostrum Militem ob nostram reverentiam honore debito velitis prosequi gratia speciali c. Hath not his Maiestie the like power And wherein is this creation of Baronets more grievous and hurtfull then those former hereditary Dignities were Was there ever any