of Requests to his Majesty 460 April 2. 1652. William Curtius Esq 461 Oct. 19. 1657. Sir Arthur Slingsby of 〈…〉 in Kent 462 〈◊〉 1658. Thomas Orby of 〈…〉 in Lincolnshire Esq 463 Thomas Bond of 〈◊〉 in 〈◊〉 Esq 464 Aug. Arthur Marigny Carpentier Esq 465 1660. Sir Anthony de Merces Extinct 466 May 29. Sir Iohn Evelyn of 〈◊〉 in 〈◊〉 Kt. 467 30. Sir Gualter de Read 468 Feb. 11. Iohn Osborn of Chicksands in Bedfordshire Esq 469 Iune 7. Sir Orlando Bridgman of Great Leaver in Lancashire Kt. late Lord Keeper of the Great Seal of England 470 Sir Ieffrey Palmer of Carleton in Northamptonshire Kt. his Majesties Attorney General 471 Sir Heneage Finch of Raunston in Bucks Kt. now Lord Daventry and Lord Chancellor of the Great Seal of England 472 Sir Iohn Langham of Catsbrook in Northamptonshire Kt. 473 9. Humphrey Winch of Hanmes in Bedfordshire Esq 474 Sir Robert Abdy of Albins in Essex Kt. 475 Thomas Draper of Sunninghill-Park in Berkshire Esq 476 11. Henry Wright of Dagenham in Essex Esq 477 Iune 12. Ionathan Keate of the Hoo in Hartfordshire Esq 478 Sir Hugh Speake of Hasilbury in VViltshire Esq 479 13. Nicholas Gould of the City of London Esq 480 Sir Thomas Adams Kt. Alderman of London 481 Richard Atkins of Clapham in Surrey Esq 482 14. Thomas Allen of the City of London Esq 483 Henry North of Milden-hall in Suffolk Esq 484 15. Sir William Wiseman of Rivenham in Essex Kt. 485 18. Thomas Cullum of Hastede in Suffolk Esq 486 20. Thomas Darcy of St. Cleres-hall in St. Oliths in Essex Esq 487 George Grubham How of Cold-Barwick in Wiltshire Esq 488 21. Iohn Cutts of Childerley in Cambridgshire Esq Extinct 489 Solomon Swale of Swale-hall in Yorkshire Esq 490 VVilliam Humble of the City of London Esq 491 22. Henry Stapleton of Miton in Yorkshire Esq 492 Gervase Elwes of Stoke near Clare in Suffolk Esq 493 Robert Cordell of Melford in Suffolk Esq 494 Sir Iohn Robinson Kt. Lieutenant of the Tower of London 495 Sir Iohn Abdy of Moores in Essex Kt. 496 25. Sir Robert Hilliard of Patrington in Yorkshire Kt. 497 Iacob Astley of Hill-Morton in VVarwickshire Esq 498 Sir VVilliam Bowyer of Denham in Bucks Kt. 499 Thomas Stanley of Alderley in Cheshire Esq 500 26. Iohn Shuckborough of Shuckborough in Warwickshire Esq 501 27. VVilliam Wray of Ashby in Lincolnshire Esq 502 Nicholas Steward of Hartley Manduit in Hantshire Esq 503 Iune 27. 1660. George Warburton of Areley in Cheshire Esq 504 Sir Francis Holles of Winterburne St. Martin in Dorsetshire Kt. Son and Heir to Denzill Lord Holles 505 28. Oliver St. Iohn of Woodford in Northamptonshire Esq 506 29. Ralph De la Vall of Seyton De la Vall in Northumberland Esq 507 30. Andreas Henley of Henley in Somersetshire Esq 508 Thomas Ellis of Wyham in Lincolnshire Esq 509 Iuly 2. Iohn Covert of Slaugham in Sussex Esq 510 Peter Lear of London Gent. 511 Maurice Berkley of Bruton Esq 512 3. Henry Hudson of Melton-Mowbray in Leicestershire Esq 513 Thomas Herbert of Tinterne in Monmouthshire Esq 514 4. Thomas Middleton of Chirk in Denbighshire Esq 515 6. Verney Noell of Kirkby in Leicestershire Esq 516 7. George Buswell of Clipston in Northamptonshire Esq 517 10. Robert Auâ—ten of Bexley in Kent Esq 518 12. Robert Hales of Bekesburne in Kent Esq 519 13. Sir William Boothby of Bradley-Ash in Derbyshire Kt. 520 14. Wolstan Dixey of Market-Bosworth in Leicestershire Esq 521 16. Iohn Bright of Badsworth in Yorkshire Esq 522 Iohn Warner of Parham in Esq 523 17. Sir Iob Harby of Aldenham in Hartfordshire Kt. 524 18. Samuel Morland of Southamstede-Banester in Berkshire Esq 525 19. Sir Thomas Hewit of Pishobury in Hartfordshire Kt. 526 Edward Honywood of Evington in Kent Esq 527 Basil Dixwell of Bromehouse in Kent Esq 528 22. Richard Brown of London Ald. 529 23. Henry Vernon of Hodnet in Shropshire Esq 530 Sir Iohn Awbrey of Llantrilhed in Glamorganshere Kt. 531 William Thomas of Fowington in Essex Esq 532 25. Thomas Scâ—ater of Cambridge in Cambridgshire Esq 533 Henry Conway of Botritham in Flintshire Esq 534 26. Edward Green of Sonpford in Essex Esq 535 28. Iohn Stapeley of Patcham in Sussex Esq 536 30. Metcalf Robinson of Newby in Yorkshire Esq 537 31. Marmaduke Gresham of Limpsfield in Sussex Esq 538 Aug. 1. William Dudley of Clopton in Northamptonshire Esq 539 2. Hugh Smithson of Stanwick in Yorkshire Esq 540 3. Sir Roger Mostin of Mostiâ— in Flintshire Kt. 541 4. William Willoughby of Willoughby in Nottinghamshire Esq 542 6. Anthony Oldfield of Spalding in Lincolnshire Esq 543 10. Peter Leicester of Tabley in Cheshire Esq 544 11. Sir William Wheeler of the City of Westminster Kt. 545 16. Iohn Newton of Barscote in Glocestershire Esq 546 Thomas Lee of Hartwell in Bucks Esq 547 Thomas Smith of Hatherton in Cheshire Esq 548 17. Sir Ralph Ashton of Middleton in Lancashire Esq 549 Iohn Rous of Henham in Suffolk Esq 550 22. Henry Massingbeard of Bratostshall in Lincolnshire Esq 551 28. Iohn Hales of Coventry in Warwickshire Esq 552 30. Ralph Bovey of Hill-fields in Warwickshire Esq 553 Iohn Knightley of Offchurch in Warwickshire Esq 554 31. Sir Iohn Drake of Ash in Devonshire Kt. 555 Sept. 5. Oliver St. George of Carickermrick in the County of Trim in Ireland Esq 556 11. Sir Iohn Bowyer of Knipersley in Staffordshire Kt. 557 13. Sir William Wild Kt. Recorder of the City of London 558 19. Ioseph Ash of Twittenham in Middlesex Esq 559 22. Iohn How of Compton in Glocestershire Esq 560 26. Iohn Swimburne of Chap-Heton in Northumberland Esq 561 Oct. 12. Iohn Trott of Laverstoke in Hantshire Esq 562 13. Humphrey Miller of Oxenheath in Kent Esq 563 15. Sir Iohn Lewes of Ledston in Yorkshire Kt. 564 16. Iohn Beale of Mâ—idston in Kent Esq 565 Sir Richard Franklin of Moore-Park in Hartfordshire Kt. 566 Nov. 8. William Russel of Langhorne in Caermarthenshire Esq 567 9. Thomas Boothby of Friday-hill in the Parish of Chingford in Essex Esq 568 William Backhouse of London Esq Extinct 569 12. Sir Iohn Cutler of London Kt. 570 16. Giles Mottet of Leigh in Esq 571 21. Henry Gifford of Burstall in Leicestershire Esq 572 Sir Thomas Foot of London Kt. and Alderman 573 22. Thomas Manwaring of Overpever in Cheshire Esq 574 Thomas Benet of Baberham in Cambridgshire Esq 575 29. Iohn Wroth of Blenden-hall in Kent Esq 576 Dec. 3. George Wynne of Nostell in Yorkshire Esq 577 4. Heneage Featherstou of Blakesware in Hartfordshire Esq 578 Humphrey Monnox of Wotton in Bedfordshire Esq 579 10. Iohn Peyton of Dodington in the Isle of Ely in Cambridgshire Esq 580 11. Edmond Anderson of Broughton in Lincolnshire Esq 581 Iohn Fagg of Wiston in Sussex Esq 582 18. Matthew Herbert of Bromfield in Shropshire Esq 583 19. Edward Ward of Bexley in Norfolk Esq 584 22. Iohn Keyt of Ebrington in Glocestershire Esq 585 William Killegrew of Arwynick in Cornwal
the Desert after the Example of St. Anthony the Hermit and Patron of this Empire and bestowed upon these Knights great Revenues and many Priviledges And thus being instituted they received the Rule of St. Basil submitted to his Constitutions wore a black Garment and for their Ensign a blew Cross in form of the Letter T. Their chief Seat was in the Isle of Meroe where the Abbots both Spiritual and Temporal resided but in many other parts of AEthiopia they have or had great store of Monasteries and Convents with about two Millions of yearly Revenue These Knights vow to defend the Christian Religion to yield Obedience to their Superiors to observe Conjugal Chastity not to Marry or receive any other holy Orders without licence first obtained from the Abbot to guard the Confines of the Empire and to go to War when and where they are commanded Into this Order the eldest Sons of Noblemen or Gentlemen cannot be admitted but the second Sons may And if a man of any degree whatsoever except a Physician have three Sons he is bound to enter one of them into this Order Knights of the Burgundian Cross in Tunis MVlleasses King of Tunis who was driven out of his Kingdom by Barbarossa that noted Pirate was again in Anno 1535. restored thereunto by the assistance of Charles the Fifth Emperor of Germany and King of Spain And being desirous to gain the love of all those that had served in that War did as a reward confer this honour of Knighood upon all those Commanders that valiantly behaved themselves in his Service The Ensign that he assigned them was the Burgundian Cross to which was added a Steel striking Sparks of Fire out of Flint with this Inscription BARBARIA which third Badge hung to a Collar of Gold KNIGHTS OF THE West-Indies PErsons that performed valiant Acts in War were by the Mexicans advanced to Honour and had sundry Priviledges granted them insomuch that their chief Nobility sprang from the Camp And Montezuma was so high a Favourer of Knighthood that he ordained divers Orders which he distinguished by several Ensigns The principal Degree of these Knights were those that had the crown of their Hair tied with a small red Ribon with a rich Plume of Feathers from which hung so many Branches and Rolls of Feathers upon their Shoulders as they had performed worthy Exploits in War And these were termed Eagle Knights of which Order the King was the Supream The Order of the Knights of the Lions and Tigers were the most valiant in War and always bore with them their Badges and Armorial Ensigns and went to the War as did the Eagle Knights armed Cap-a-pe The Order of the Grey Knights had their Hair cut round about their Ears were not so much honoured as the former and when they went to Wars were armed but to the middle All these Degrees of Knights had their Apartments in the King's Palace which were distinguished by their several Ensigns And amongst the honourable Priviledges that they enjoyed they might carry Gold and Silver wear rich Cotton and Shoes after their fashion and use painted and guilt Vessels all which were prohibited the common people The Order of Knighthood of the Blood Royal in Peru were of great esteem for their approved Valour for before they could be admitted into the said Degree their Manhood was sufficiently tried as in managing the Dart Lance and other Military Exercises also in Leaping Wrestling Running Shooting c. in all which if they were not very expert they were thought unworthy to receive so great an Honour But being found worthy to be admitted divers Ceremonies were used at their Creation as putting on them fine Shoes and Breeches boreing of holes in their Ears giving them an Ax and adorning their Heads with Flowers c. all which was forbidden the common people And the Peruvian Lords at their solemn Feasts at Cusco used to dedicate their Children to Honour adorning them with Ensigns making holes in their Ears and anoynting their Faces with Blood in token that they should be true Knights to the Ingua The Knights of Cinaloa which is a Province near New Mexico were created by giving them a Bow and ordering them to encounter a Lion or some other savage Beast which if they slew they were received into favour and Honour The Rt. Honourble Henry Coventry Esq his matys principall Secretary of State c a. son tâ— the Rt. Honourble Thomas Lord Coventry Lord Keeper of ye. Great Seale of England The Honourble Iohn Hervey of Ickworth in Suffolke Esq. â— Treasurer to ye. Queens maty The honble William Ashburnham of Ashburnham in ye. County of Sussex Esq. Cofferer to his maty King Charles the 2d. William Wharton Esq. Fourth son to yâ—e Rt. honble Phillip Lord Wharton of Wharton in Westmoreland by Ann Daughter to 〈◊〉 â—am Carr of Fernihast in Scotland Esq. 〈◊〉 of ye. Groomes of ye. Bedchamber to King Iames. SAMVEL GRANT of Crundall in Hantshire Esq. one of the society of the Inner Temple London Esq. â—ender Molesworth of Spring Garden in the parish of St. Katherines in the Island of Jamaica Esq. one of his matys Councell 〈◊〉 the Sd. Isle second son of Hender Molesworth of Pencarrow in Cornwall Esâ—abque who was lineally descended from Sr. Walter de Molesworth of Northamptonshire who flourished in Marshall proess in the dayes of King Edw. the first went wth him to the holy warrs GEORGE LEGGE Esq. Governor of â—ortsmouth master of the Horse to his Royall Highness Iames Duke of Yorke Leiutenant of his matys Forest of Alce holt Woolmer in Hantshire one of the Deputy Leiutenant of the Sd. County Comander of his matys Shipp yeâ—â—yall Katherine one of the principall Officers of his matys Ordnance THOMAS FEJLD of Stanstead Bury in the County of Hertford Esq now maried to Mary eldest daughter of Sr. Thomas Byde of Ware park in the Said County Kt. Humfrey Wiâ—â—ley of the Jâ—â—ter Tâ—mplâ— Esq one of the Prothonotarâ—â—s of his maties Court of Common â—leaâ— at Westminster fift son of Humfrey Wâ—â—rley Esq of Hâ—msted hall in the County of Stafford by Knightley his Wife â—OGER TWâ—SDEN Esq eldest son of S â— Thomas Twisden of Bradborne in thâ— parish of East Malling in Kent Kt. Baâ—â—â— one of the Justices of his matys Court of Kings Bench EDWARD THVRLAND Esq only son of Sr. Edward Thurland of Râ—ygate in the County of Surrey Kt. one of the Barons of his matys Court of Exchequer EDWARD ROBERTS of the Citty of Dublin in the Kingdome of Ireland Esq now Maried to Alce daughter of Edw Chute of SurrendeÌ„ in the Weld of Kent Esq 〈◊〉 much Honoured Daniel Fleming of 〈…〉 in Cumberland of Rydal hall in 〈…〉 and Esq of which family Surname there 〈…〉 Lords of ye. maner of Bâ—ckermet of 〈…〉 bâ—en Kts all ye. rest that then weddâ—d 〈…〉 ye. Daughters of Baronetsâ— or Knighâ—â—â— â—â—â—â—ill Skelton eldest sonn of Sr. Iohn Skelton 〈◊〉 Leiutenant
Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
the City of London â—â—â—â—â—e his Coronation which was on Monday tâ—e 22 th of April 1661. First the Duke of York's Horse Guard Messengers of the Chambers in their Coats with the King's Arms before and behind Esquires to the Knights of the Bath in number 140. Knight Harbinger and Serjeant Porter Sewers of the Chamber Gentlemen Ushers Quarter Waiters in Cloaks Clerks of the Chancery 6. Clerks of the Signet 4. Clerks of the Privy Seal in Gowns Clerks of the Council 4. in Cloaks Clerks of the Parliament 2. Clerks of the Crown 2. in Gowns Chaplains having Dignities 10. in Gowns and square Caps The King's Advocate The King's Remembrancer Masters of the Chancery The King's Counsel at Law 2. in Gowns The King's puisne Serjeants 2. The King's Attorney The King's Solicitor The King's eldest Serjeants 2. in Gowns Two Secretaries of the French and Latin Tongue in Gowns Gentlemen Ushers Daily Waiters in Cloaks Sewers in Ordinary in Cloaks Carvers in Ordinary in Cloaks Cup-bearers in Ordinary in Cloaks Esquires of the Body 4. The Effigies of the Right honble Heneage Lord Finch Baron of Daventry Lord High Chancellor of England one of the Lords of the most honble Privy Councell to King Charles ye. second Anno DnÌ„i 1676. The Effigies of the Right honble Anthony Earle of Shaftsbury Baron Ashley of Wimbourne St Giles Ld. Cooper of Pawlet Ld. High Chancellor of England Ld. Leiutenant of the County of Dorset and â—one of the Lords of ye. most honble Privy Councellâ— to King Charles yâ— 2d. Anno Domini â—673 Masters of standing Offices Tents 1. in Cloaks Masters of standing Offices Revels 1. in Cloaks Masters of standing Offices Ceremonies 1. in Cloaks Masters of standing Offices Armory 1. in Cloaks Masters of standing Offices Wardrobe 1. in Cloaks Masters of standing Offices Ordnance 1. in Cloaks Masters of the Requests 4. Chamberlains of the Exchequer 2. in Gowns Gentlemen of the Privy Chamber in Cloaks Knights of the Bath 68. in long Mantles with Hats and Feathers The Knight Marshal in a rich Coat Treasurer of the Chamber Master of the Jewel House in Cloaks Barons younger Sons Viscounts younger Sons Barons of the Exchequer 3. in Robes and Caps Justices of the King's Bench and Common Pleas 6. in Robes Caps and Collars Lord Chief Baron of the Exchequer Lord Chief Justice of the Common Pleas in Robes Caps and Collars Master of the Rolls in a Gown Lord Chief Justice of the King's Bench in his Robe Cap and Collar Knights of the Privy Council in Cloaks Barons eldest Sons Earls younger Sons Viscounts eldest Sons Kettle Drums The King's Trumpeters in rich Coats The Serjeant Trumpeter with his Mace Two Pursuevants at Arms in their Coats of Arms. Barons 51. in Cloaks Marquisses younger sons Earls eldest Sons Two Pursuevants at Arms in their Coats of Arms. Viscounts 7. Dukes younger Sons Marquisses eldest Sons Two Heralds in their Coats with Collars of SS Earls 32. in Cloaks Lord Chamberlain of the King's Houshold with his white Staff Dukes eldest Sons Two Heralds in Coats with Collars of SS Two Marquisses in Cloaks Two Heralds in Coats with Collars of SS The Duke of Buckingham Clarencieux King at Arms in Coats with Collars of SS Norroy King at Arms in Coats with Collars of SS The Lord Treasurer with his white Staff The Lord Chancellor with the Purse The Lord High Steward with his white Staff Two Persons one representing the Duke of Aquitain and the other the Duke of Normandy in broad Caps and Robes of Ermyn The Gentleman Usher with the black Rod on the right hand bareheaded in a rich Cloak Garter King of Arms bareheaded in his Coat and Collar of SS The Lord Mayor of London carrying the City Scepter on the left hand bareheaded The Duke of York Serjeants at Arms with their Maces 8 on a side from the Sword forwards in rich Cloaks The Lord Great Chamberlain on the right hand The Sword born by the Earl of Suffolk Marshal pro tempore The Earl of Northumberland Lord Constable of England pro tempore on the left hand Gentlemen Pensioners with Pole-Axes The King Gentlemen Pensioners with their Pole-Axes Esquires Footmen The Master of the Horse leading a spare Horse The Vice Chamberlain Captain of the Pensioners Captain of the Guard The Lieutenant of the Pensioners the King's Horse Guard The Lord General 's Horse Guard As in Man's Body for the preservation of the whole divers Functions and Offices of Members are required even so in all well governed Common-wealths a distinction of persons is necessary and the policy of this Realm of England for the Government and Maintainance of the Common-wealth hath made a threefold Division of persons that is to say First the King our Soveraign Monarch under which Name also a Soveraign Queen is comprised as it is declared by the Statute made in the first of Queen Mary cap. 1. Parliam 2. Secondly the Nobles which comprehend the Prince Dukes Marquisses Earls Viscounts and Lords Spiritual and Temporal Thirdly the Commons by which general word is understood Baronets Knights Esquires Gentlemen Yeomen Artificers and Labourers It is observed that our Law calleth none Noble under the Degree of a Baron and not as men of Forreign Countries do use to speak with whom every man of Gentle Birth is counted Noble For we daily see that both Gentlemen and Knights do serve in Parliament as Members of the Commonalty Neither do these words the Nobles the high and great men in the Realm imply the Person and Majesty of the King but with the Civilians the King is reckoned among the Nobility The Nobility are known by the general Name of Peers of the Realm or Barons of England for Dukes Marquisses Earls and Viscounts did anciently sit together in the King 's great Council of Parliament as Barons and in right only of their Baronies And therefore by the general Name of Barons of the Realm and for the Baronage thereof we underâ—â—and the whole Body of the Nobility the Parliament Robes of the Dukes differing nothing from the Barons but that they wear the Guards upon their Shoulders three or four folds For though Dukes Marquisses Earls and Viscounts in their Creations are attired with Ornaments of Silk and Velvet yet in Parliament they use the same that Barons do made of Scarlet with divers differences of white Fur set as Fringes or Edgings on their Shoulders and although they sit in right of their Baronies yet they take their places according to their degrees of Dignity And hence it is that those bloody Civil Wars concerning the Liberties granted in the Great Charter both in the time of King Iohn and Henry the Third his Son prosecuted by all the Nobility some few excepted are called in our Histories the Barons Wars Neither have the Spiritual Lords any other Title to that preheminence but by their ancient Baronies For although originally all the possessions of Bishops Abbots and Priors were given and holden in Frank Almoign most of
disinherited imprisoned and murthered by their cruel Uncle the Duke of Glocester who being both a Tyrant and Usurper was justly encountred by King Henry the Seventh in the Field So infallible is the Law of Justice in revenging Cruelties and Injuries not always observing the present time wherein they are done but often calling them into reckoning when the Offenders retain least memory of them But as the saying is Ex malis moribus bonae leges oriuntur so their Tragical and Miserable Combustions have occasioned that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before For first though a common Opinion was conceived that a Conqueror might freely dispose of the Succession of that Estate which he had obtained by the purchase of his Sword which was the Title pretended for William Rufus yet now in our Books this difference is taken for Law viz. between the Conquest of a Kingdom from a Christian King and the Conquest of a Kingdom from an Infidel For if a King come to a Christian Kingdom by Conquest seeing he hath Vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom but until he doth make an alteration thereof the ancient Laws do stand and therefore the case of Rufus the ancient Law of this Realm being That the eldest Son should inherit and that a King in possession cannot devise the same by his last Will or by other Act therefore the said William Rufus was no other than a Usurper But if a Christian King should Conquer a Kingdom from an Infidel and being then under his subjection there ipso facto the Laws of the Infidels are abrogated for that they be not only against Christianity but against the Law of God and Nature mentioned in the Decalogue and in that case until certain Laws be established amongst them the King by himself and such Judges as he shall appoint shall judge them and their causes according to natural Equity in such sort as Kings in ancient times did within their Kingdoms before any certain municipal Laws were given And if a King have a Kingdom by Title of Descent there seeing by the Laws of that Kingdom he doth inherit the Kingdom he cannot change those Laws of himself without consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after that King Iohn had given unto them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament In Succession of Kings a question hath been Whether the King who hath had Sons both before and after he came to the Crown which of them should succeed he that was born before as having the prerogative of his Birthright or he that was born after And for each Reasons and Examples have not been wanting For Xerxes the Son of Darius King of Persia being the eldest Son after the enthroning his Father carried away the Empire from his Brother Arthemones or Artobazanes who was born before his Father came to the Royal Possession thereof So Arceses the Son of another Darius born in the time of his Fathers Empire carried away the Garland from his Brother Cyrus born before his Father came to the Empire So Lewis Duke of Millain born after his Father was Duke was preferred to the Dukedom before his Brother Galiasius born before the Dukedom But notwithstanding these Examples and the Opinion of sundry Doctors to the contrary common use of Succession in these latter days hath been to the contrary and that not without good reason for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright such as all elder Brothers have should be put by the same And this was the pretence of Henry the First against Robert his eldest Brother Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father and the second Brother surviving who should Reign after the death of the Father the Nephew challenging the same unto him by the Title of his Fathers Birthright and by way of Representation Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death Upon which Title in old time there grew a Controversie between Arcus the Son of Arrotatus eldest Son of Cleomenes King of Lacedemonia and Cleomenes second Son of Cleomenes Uncle to the said Arcus But upon debate of the matter the Senate gave their Sentence for Arcus against Cleomenes Besides Enominus King of Lacedemon having two Sons Polydectes and Licurgius Poyldectes dying without Children Licurgius succeeded in the Kingdom but after he had understood that Polydectes Widow had a Child he yielded the Crown to him wherein he dealt far more religiously than either did King Iohn or King Richard the Third For King Iohn upon the like pretence not only put by Arthur Plantaginet his eldest Brother's Son from the Succession of the Kingdom but also most unnaturally took away his life And King Richard the Third to come to the Crown did most barbarously not only slay his two innocent Nephews but also defamed his Mother in publishing to the World that the late King his Brother was a Bastard Our Stories do obscurely note that Controversie of like matter had like to have grown between King Richard the Second and Iohn of Gaunt his Uncle and that he had procured the Counsel fo sundry great Learned Men to this purpose but that he found the hearts of divers Noblemen of this Kingdom and especially the Citizens of London to be against him whereupon he desisted from his intended purpose and acknowledged his Nephews Right And the reason of the Common Law of England is notable in this point and may be collected out of the ancient Authors of the same Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan fol. 119. For they say Whosoever is Heir to another aut est haeres jure proprietatis as the eldest Son shall inherit only before his Brothers aut jure representationis as where the eldest Son dieth in the life of his Father his Issue shall inherit before the youngest Son for though the youngest sit magis propinquus yet jure representationis the Issue of the eldest Son shall inherit for that he doth represent the person of his Father And as Bracton saith jus proprietatis which his Father had by his Birthright doth descend unto him aut jure propinquitatis ut propinqui jus excludit remotum remotus remotiorem aut jure sanguinis And yet Glanvile Lord Chief Justice under King Henry the Second seemeth to make this questionable here in England Who should be preferred the Uncle or the Nephew Also it hath been resolved for Law That the possession of the Crown purgeth all defects
Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
Elizabeth Countess of Huntington his wife eldest daughter Coeheire of Sr. Iohn Lewis late of Ledston in Yorkshire K â— Bart. deceased The Right honble William Russell Earle of Bedford Baron Russell of Tavestock Thornhaugh Knight of the most Noble Order of the Garter ct. The Right Honb le Philip Herbert Earle of Pembrook â— Montgomery Baron Herbert of Shurland Cardiffe Ross of Kendale Parr Marmion and St. Quintin Ld. of the Lordships of Vske Carleon Nemport Treleg and Lord Leiutenant of Wiltshire ct. The Right honble Edward Fines Earle of Lincoln Baron of Clinton ct. The Right honble Charles Howard Earle of Nottingham Baron Howard of Effington ct. The Right honble Iames Howard Earle of Suffolâ— Baron Howard of Walden Lord Leiuetenant of the Countys of Cambridge Suffolk one of the Gentlemen of his matys bedchamber Deputy Earle Marshall of Englandâ— The Right honble Charles 〈◊〉 â— Earle of Dorset Middsex Baron 〈◊〉 Cranfâ—ild one of the Gentlemâ—◠〈◊〉 his Matyâ— Bedchamber Lord Leiutâ—â—â—nt of Sussex The Right Honourable Iames Coecill Earle of Salisbury Viscount Cranborne and Baron Coecill of Essenden The Right Honourable Iohn Coecill Earle of Exeter Baron Coecill of Burleigh c a. The 〈◊〉 Iohn Egerton Earle of Bridg 〈…〉 Brackley Baron of Elâ—mere Ld. 〈◊〉 of the County of Bucks one the 〈◊〉 his matysâ— most Hon. privy Councell c. The Right honble Robert Sidney Earle of Leicester Viscount Lisle Baron Sidney of â—enâ—urst and one of the Lords of his Ma. â—â—s most honble privy Councell c. The Right Honourable Iames Earle of Northampton Baron Compton of Compton Lord Leivtenant of Warwick shire and one of the Lords of his matys most honble privy Councell â— Constable of his matys Tower of London and Leivtenant of the Hamlets thereto belonging The Right Honourable Robert Earle of Warwick and Hollandâ— and Baron Rich of Leeze and Kensington c a The Right Honourable William Earle of Devonshireâ— Baron Cavendish of Hardwick Knight of the Bath and Lord Leivtenant of Derby shire c a The Right Honourable William Feildin◠〈◊〉 de Hapsburgh Earle of Denbigâ— Viscount Feilding Baron Feilding of Newenham Padâ—x and St. Lis. and Earle of Desmond c a. in Ireland The Right Hononrable George Digby Earle of Bristoll Baron Digby of Sherborne ct The Right Honourable Gilbert Holles Earle of Clare and Baron Holles of Haughton in Nottinghamshire The Right Honourable Oliver St. Iohn Earle of Bullingbrook Baron S. t Iohn of Bletshoe ct The Right Honoâ—rable Charles Fane Earle of Westmorland and Baron de la Spencer and Burghwash ct The Right Honourable Robert Montague Earle of Manchester Viscount Mandevill Baron Kimbolton Lord Leivtenant of Huntingtonshire and one of the Gentlemen of his matys Bedchamber ct The Right Honourable Charles Howard Earle of Berkshire Viscount Andover and Baron Howard of Charlton ct The Right Honourable Iohn Sheffeild Earle of Mograue Baron Sheffeild of Butterwick Knight of the most noble Order of the Garter and one of the Gentlemâ—â— of his matys Bedchamber The Right Honourable William Ley Earle of Marlborough Baron Ley of Ley ct The Right Honourable Charles Knowles Earle of Banbury Viscount Wallingford and Baron Knowles of Greys The Right Honourable Thomas Savage Earle of Rivers Viscount Colchester and Rock savage and Baron Darcy of Chich. The Right Honourable Robert Bertue Earle of Lindsey Baron Villoughby of Eresby Lord Great Chamberlaine of England Lord Leivtenant of Lincolnshire one of the Gentlemen of the Bâ—dchamber and Lords of the most honble privy Councell to his Ma â—y K Charles yeâ— The Right Honourable Iohn Cary Earle of Dover Viscount Rochford and Baron Hunsden The Right Honourable Henry Mordaunt Earle of Peterborow Lord Baron of Turvey Lord Leiutenant of the County of Northampton Andâ— one of the Lords of his Majesties Most Honourable Privy Councell c t The Right Honourable Thomas Grey Earle of Stamford Ld. Ferrers of Grooby Banevill and Harrinâ—â—â—escended from the family of the Greus who were Marqueses oâ— Dorset the last of wch was Hen. who before his Attainâ—ure and Execution in Anno 1553 was Created Duke of Suffolk The Right Honourable Heneage Finch Earle of Winchelsey Viscount Maidston Baron Fiz Herberâ— of Eastwell Lord of the Royall Manner of Wye and Lord Leiutenant of the Countys of Kent â— Somerset The Right Honourable Charles Dormer Earle of Carnarvan Viscount Ascotâ— and Baron of wing Master Marshall and Surveyour of his Majetyes Hawks The Right Honourable Montjoy Blunt Earle of Newâ—port Baron Montjoy of Thurveston in Devonshâ—â—â— and Lord Montjoy of Montjoy Fort in Ireland c a. The Right Honourable Phillip Stanhopeâ— Earle of Chesâ—erfield and Baron Stanhope of Shelford c a. The Right Honourable Nicholas Tuftonâ— Earle of Thanet and Baron Tufton of Tufton c a. The Right Honourable Thomas Weston Earlâ— of Portland Baron Weston of Neyland c â— The Right Honourable William Wentworth Earlâ— of Strafford Viscount Wentworth and Baron Wentâ—â—â—â—â—â—d house Newmarâ—h Oversley and Raby Knight of thâ— Garler and one of the Lords of his Ma â—ys most honble privy Councell c a. The Right Honourable Robert Spencer Earle of Sunderland Baron Spencer of Wormleâ—ton one of thâ—â—â—ntlemen of the Bedchamber and Lords of the privy Councell to his Maty K Ch yâ— 2 The Right Honourable Nicholas Leake Earle oâ— Scarsdale and Baron Dayncourt c a. The Right Honourable Iohn Wilmot Earle of Rochester Baron Wilmot of Alderbury in England and Discount Wilâ—mot of Athlone in Ireland and one of the Gentlemen of his matys Bedchamber The Right Honourable Henry Iermine Earle of St. Albonâ— Baron of St. Edmondsâ—bury Knight of the most noble order of the Garter and one of the Lords of his matys most honble privy Councell c. The Right Honourable Edward Montague Earle of Sandwichâ— Viscount Montague of Hinchingbrooke and Baron Montague of St. Neots The Rt. Noble Iames Duke Marquest Earle of Ormond Earle of ossery Brâ—cknock Viscount Thurles Baron of Arklow Lanthonyâ— Ld. Leiutenan◠〈◊〉 Ireland Ld. High â—teward of his matys House hold Chancellor of the â—niversity of Oxford â—t. of the Garter â— oâ—â— of the Lds of his Ma â—â—s most Hon privy Councell â—câ— The Right Honourable Henry Hide Earlâ— of Clarendon Viscount Cornbuâ—â—â— Baron Hide of Hendon The Right honble Arthur Capell Earle of Essex Viscount Malden Baron Capell of Hadham one of the Lords of his matys most Honourable privy Councell Lord Leivtenant Custos Rotollorum of Hartfordshire laâ—â— Ld. Leivtenant Generall and Generall Governor of his Ma â—â—s Kingdome of Ireland The Right Honourable Robert Brudenell Earle of Cardigan and Baron Brudenell of Staughton ct. The Right Honourable Arthur Annesley Earle of Anglesey Baron Annesley of Newport Pagnell in England Viscount Valentia Baron Mount Norris of Mount-Noris in Ireland Ld. privy Seale one of the Lds of
his matys most honble privy Councell for England Ireland câ—â— The Right honble Iohn Earle of Bath Viscount â—renvile of Lonsdowne Baron Greenvile of Kilkhampton Bidiford L â— Warden of the Stanneries high Steward of the Dutchy of Cornwall Ld. Leivetenant of Cornwall Governour of Plymouth Groom of the Stoole first Gent. of his matys Bedchamber and one of his Ma â—â— privy Councell câ—t. The Right honble Charles Howard Earle of Carlisle Viscount Morpeth Baron Dacres of Gisland Lord Leivtenant of Cumberland and Westmorland Vice Admirall of the Coast of Northumberland Cumberland Westmoreland Bishoprick of Durham Towne and County of New castle and Maritin parts adjacent and one of the Lords of his Maties most honble privy Councell câ—t The Right honble William Earle of Craven Viscount Craven of Vffington Baron Craven of Hampsted-Marshall Lord Leivtenant of the County of Middâ—x and Borough of Southwark one of the Lords of his Mtys most honble privy Councell câ—t The Right honble Robert Bruce Earle of Alisbury Elgin Viscount Bruce of Ampthill Baron Bruce of Whorâ—â—on Skelton Kinloss Hereditary High Steward of the Honour of Ampâ—hiâ—â— Lord Leivtenant of the County of Bedford and High Steward of Leicester ct. The Right honble Richard Boyle Earle of Burlington Baron Clifford of Lansborow in Englandâ— Earle of Corke Viscount Dungarvan Baron Yaughalâ— and Lord High Trâ—asurer of Ireland â— â— The Right honble Henry Bennet Earle and Baron of Arlington Viscount Thetford Knight of the most noble order of the Garter Lord Chamberlaine of his matys Household and one of the Lords of his most honble Councel ct. The Right honble Anthony Earle of Shaâ—tesbury Baron Ashley of Wimbourne St. Giles and Lord Cooper of Pawleâ— The Right honble Henry Howard â—arle of Norwich Earle Marshall of England Baron Howard of Castle Riseing Now Duke of Norfolkâ— see in the Catalogue of Duâ—es The Right Honourable William Herbert Earle and Baron of Powis ◠〈◊〉 Right Honourable Edward Henry 〈◊〉 of Litchfield Viscount Quarenton â—â—d Baron Spilsbury The Rt. Noble Iohn Maitland Earle of Guilford and Baron of Petersham in England Duke of Latherdale Viscount Maitland Baron of Thirleston Miescleborougâ— and Bolton in Scotland Ld. Comissioner for his present Ma â—y of that Kingdome Kt. of the Garter Gentlemâ—â— of the Bedchamber and one of his matys most honble privy Councell for the Kingdomes of England Irelandâ— The Right honble Chaâ—les Fitz-Charles Earle of Plymouth Viscount Totnes and Baron Dartmouth The Right Honourable Thomas Osborne Earle of Danby Viscount Latimer Baron Osborne of Kiveton Viscount Osborne of Danblaine in Scotland Kt. of the most noble order of the Garter â— L d high Treasurer of Englandâ— ctâ— The Right Honourable George Fitz Roy Earle of Northumberland Viscount Falmouth and Baron Ponteâ—fract c a. The Right Honourable Thomas Leonard Earle of Sussex and Lord Dacres of Giles land c a. The R t Honourable Lovis Earle of Feversham Viscount Sondes Lord Duras Baron of Holdenby and Throwley Captaine of his Royall Highness Troop of his matys Guards Leivtenant Geneâ—rall of his Maties forces and Collonell of his matys owne Royall Regiment of Dragoons The Right Honourable Charles Beauclair Baron of Heddington and Earle of Burford The Right honble William Oâ—Brien Earle Baron of Insiâ—uin Baron of Burren in the Kingdome of Ireland Captaine Generall of his matys Forces in Affrica Gouernor of the Royoll Citty of Tanger vice Admirall of the same and of the parts adjacent and one of his Mat ys most honble privy Councell for the Sd. Kingdom of Ireland The Right Honourable Charles Moore Earle and Viscount of Drogheda and Baron of Mellefont in the Kingdom of Ireland c a. The Ri t honble Luke Plunkett Earle of Fingall and Baron of Killeene in the Kingdome of Ireland c a. The Rtâ— Honerable Sr. Arthur Chichester Kt Baron of Belfast Vist. Chichester of Carikfergus Earle of Donegall in ye. Kingdom of Ireland Gouernor of Carikfergus ye. Teritoryes Therâ—â—â—â— Belonging one of his mat ys Most Hoâ—â—◠〈◊〉 Councell for ye. S â— Kingdom The Rt. honble Iames Ogilby Earle of Airly Elight and Glentrahen in the Kingdome of Scotland c a. The Right Honourable Iohn Fitz Gerard Earle of Kildeare primier Earle of the Kingdome of Ireland c a. The Right Honourable William Pope Earle of Downe Baron and Lord Pope of Bellterbitt in Ireland c a. The Rt. honble Roger Palmer Earle of Castlemaine and Baron of Lamberick in the Kingdome of Ireland c a. OF EARLES CHAP. VI. THE next Degree of Honour is an Earl which Word and Title came from the Saxons For it is observed That originally within this Realm in the ancient English-Saxon Government Earldomes of Counties were not only Dignities of Honour but Offices of Justice having the charge and custody of the County whereof they were Earls and for their Assistance had their Deputy called Vicecomes which Office is now managed by Sheriffs each County having his Sheriff Annually chosen out of the eminent Inhabitants thereof under the Degree of Nobiles Majores And the Earls in recompence of their Travels concerning the Affairs of the County then received a Salary viz. a third peny of the Profits of the County which Custome continued a long time after the Conquest and was inserted as a Princely Benevolence in their Patents of Creation as by divers ancient Patents may appear which afterwards were turned into Pensions for the better support of that Honour as appeareth by a Book-Case 32 Hen. 6. 28. And therefore in respect of such Pensions or such other Gratuities given in lieu thereof some men have not without probability thereof imagined quod Comites nominabantur quia à multis fisci Regii socii Comites eidem participes essent The word Earl by the Saxons was called Erlig or Ethling by the Germans Graves as Lantgrave Palsgrave Margrave Rheingrave and the like and by the Dutch was called Eorle But upon the coming in of the Normans they were called Comes or Comites that is Counts and for Gravity in Council they are called Comes Illustris a Comitando Principem And as Earls for their Vertues and Heroical Qualities are reputed Princes or Companions for Princes so ought they to deport themselves answerable to the said Dignity as well in their Attendance and Noble House-keeping as otherwise The Dignity of Earl is of divers kinds and is either local or personal Local as from the denomination of some place and Personal as being in some great Office as Earl-Marshal and the like Those Local are also Palatine and Simplices Those that are Palatine or Count Palatine are Chester Lancaster and the Bishopricks of Durham and Ely and retain some of the ancient Priviledges allowed them by the Saxons Hugh Lupus who was the first Hereditary Earl had the County Palatine of Chester given him by the Conqueror who governed it
Forty years in which time he created eight Barons and had Iura Regalia within the County Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
the former which is by lybelling secret slandering or defaming of others for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth but seeming to sit quietly in his Study doth more deeply wound his Fame and Credit than the other boisterous person doth for he in a moment threatneth to do more than peradventure he is either able or hath courage to perform in all his life For his Passion thus discovering the Malice of his Heart doth give his Adversary warning to defend himself from him But this secret Canker the Libeller concealeth his Name hideth himself in a Corner and privily sâ—ingeth his Reputation and Credit and he knoweth not how to right himself and the greater is this Offence if done to a publick Magistrate or Minister of State for then it may bring a disturbance to the peace of the King and Kingdom And if it be against a private person the staining his Reputation will cause him not to be at quiet in Body and Mind until he hath found his Enemy which many times may lie so secretly hid that he cannot be discovered and then probably one innocent upon some suspicion or other may come to suffer for it Sometimes the malicious Defamer poureth forth his poyson in writing by a Scandalous Book Ballad Epigram or Rhime near the place where the party so abused doth most converse In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be severely punished for he may either be Indicted by the ordinary Course of the Common Law and if it be an exorbitant Offence then by Pillory loss of Ears Whipping c. or the party grieved may have an Action upon the Case against the Offender and recover his Damages And in this it is not material whether the Libel be true or false or the party scandalized be alive or dead or be of a good or ill Name yet our Laws are so made as to punnish him and such like men by a due Course of Justice And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman this may be added That it is usual for any person to usurp the Arms of another Further if a Nobleman's Coat-Armour and Sword of other Gentleman 's bearing Arms at the solemnizing of their Funerals is set up in the Church for the Honour of the deceased and is by the covetousness of the Incumbent that pretendeth right thereunto as Offerings due unto him afterwards taken down or if they be defaced by any other such are to be severely punished as Malefactors And in that case the Action shall not be given to the Widow though she be Executrix or Administratrix of her Husband's Goods for such things which serve for the Honour of the party deceased are not to be accounted inter bona Testatoris And the Heir shall have his Action as the Defender of his Ancestor's Honour But the wrong is offered to the House and Blood and therein specially to the Heir qui est totius geniturae splendor and therefore to him accrueth the right of Action for so it is reported by Sir Iohn Fern in his Glory of Generosity fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged OF VISCOUNTS CHAP. VII THE next Degree of Honour to an Earl is a Viscount which was anciently a Name of Office under an Earl who being an immediate Officer of the King 's in their County for that their personal attendance was oft-times required at the Court had his Deputy to look after the Affairs of the County which at this day is an Office and called a Sheriff retaining the Name of his Substitution in Latin therefore called Vicecomes But about the Eighteenth of Henry the Sixth it became a Degree of Honour who conferred this Title upon Iohn Lord Beaumont by Letters Patent A Viscount is created by Patent as an Earl hath a Hood Surcoat and Mantle which hath on it two Guards and a half of white plain Furr without Ermins And his Coronet is only pearled with a row of Pearls close to the Chaplet He hath the Title of the Right Honourable and truly Noble or Potent Lord He may have a Taveress in his own House and his Viscountess may have her Train born up by a Woman out of her Superior's presence and in their presence by a Man The Effigies of the Right honble Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties most honble Priuy Councell ct R. Whiâ—â— sculp The Rt. Honourable George Sauile Viscount Halifax Baron Sauile The Rt. Honourable Robert Paston Viscounâ— Yarmouth Baron Paston of Paston The Rt. Honourable Francis Viscount Nervport â—f Bradford Baron Nervport of High Ercâ—ll Ld. Leutenant of ye. County of Salop. Treasurer of his matys Household one of ye. Lds of his matys most honble Privy Councell The Rt. Honâ—rblâ— Thomaâ— Needham Lâ—rd Viscount Killmurrâ—y of the Kingdome of Ireland The Rt. Honorable Wiâ—liam Viscount Brouncker of Lyonâ— and Baron Brouncker of Nâ—â— Castle in the Kingdome of Ireland a. The R t Honâ—rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland The Rt. Honorable Maurice Berkeleyâ— Baron Beckeley of Rathdowne Viscount Fitz Harding of â—ear hauen in the Kingdome of Ireland The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley. The Right Honourable Francis Browne Viscount Montague The Right Honourable William Finnâ—â— Viscount and Baron Say and Seale The Right honble Edward Viscount Conway Barâ—n of Ragley in England and Viscount of Kilultagh in Ireland Leivetenant Generall of the Horse and one of the Lords of his Majestys moâ—t honble privy for the said Kinâ—dome of Ireland The Rt. Honourable Baptist Noel Viscounâ— Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire The Right Honourable William Howard Viscount and Baron Stafford The Rt. Honourable Thomas Bellasisâ—â— Viscount Folconbergh of Henknowle 〈◊〉 Falconbergh of Yarum Lord Leivtenant of North rideing of Yorkeshire one of the Ldâ— of his 〈◊〉 Most honble Priuy Councell â—he Rt. Honourable Iohn Mordant 〈…〉 Mordant of Aveland and Baron of Rygate The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate Metropolitan of all England one of yâ— Lords of his matys most honble privy Councell The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke Primate and Metropolitane of England c a. The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London Grand Almoner to his Maty one of the Lords of his matys most honble privy Councell c a. The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum Chancellor
Honourable and Peers of the Realm as they are Barons without any other distinction The Etymology of the Name of Baron MAny Writers have laboured to place the Etymology and signification of this word wherein following too much their own Fantasies they have bred much variation of Opinion As for Etymology of words I agree with him that saith it is Levis fallax Effigies Illustrissimi DniÌ„ Caecilij Calvert Baronis BALTEMORE de Baltemore in Regno Hibernice Absoluti DniÌ„ et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etc a. Abra Blotling sculp The Right Honourable George Lord Nevill Baron of Abergâ—venny in Monmouthshire â—â— The Right Honourable Iames Lord Touâ—hett Baron Audley of Hâ—leigh in England and Earle of Castle haâ—en in Ireland c a. The Right Honourable Charles Lord Weâ—â— Baron De la Ware in Hantshire The Right Honourable George Lord Berkley of Berkley c a. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour c a The Right Honourable Thomas Lord Parker Baron Morley and Monteaglâ— in Lancashire The Right honourable Conyers Lord D'Arcy Baron D'Arcy and Menil in Yorkshire The Right Honourable Benjamin Lord Mildmay Baron Fitzwater The Right Honourable William Lord Sturton Baron Sturton of Sturton in Wiltshire The Right Honourable Henry Lord Sandis Baron Sandis of the Vine in Hantshire The Right Honourable Thomasâ— Lord Windsor Lord Leivetenant of Worcestersh and one of the Lords of his Ma â—â—s most honble Privy Councel for the Kingdome of Ireland The Right Honourable Thomas Lord Cromwell Baron of Oakham in Rutlandsh and Earle of Arglast Viscount Lecaile in the Kingdome of Ireland The Right honble Ralph Lord Eure Baron of Wilton in the County of Northumberland ct The Right Honourable Phillip Lâ—â—â— Wharton Baron of Wharton in The County of Westmoreland The Right Honourable Iohn Lord 〈◊〉 Baron Willoughby of Parhâ—m in Lincolnshire The Right Honourable William Lorâ— Pagâ—â—◠〈◊〉 of Beaudefert in the County of Stafford The Right Honourable Charles Loâ—◠〈◊〉 of Cartlidge in ye. County of Canâ—â—râ—â—â— and Baron Grey of Roleston The Right Honourable William Lord Bruges Baron Chandois of Sudley Castle in Glocester shire The Right Honourable Iames Lord Bertue Baron Norris of Rycott in Oxford shire brother to the Right Honourable Robert Earle of Lindsey ct The Right Honourable William Petre Baron of Writtle in Essex The Right Honourable Digby Gerard Baron of Gerardsâ— Bromley in Staffordshire The Right honble Charles Lord Stanhope Baron of Harrington in the County of Northampton c a. The Right honble Henry Lord Arundell Baron of Wardure in Wiltshire and Count of the Empire The Right Honourable Christopher Lord Roper Baron Tenham of Tenham in Kent The Right Honourable Robert Grevill Baron Brook of Beauchamps Court in Warwickshire Ld. Leivtenant of Staffordshire The Right Honourable Edward Lord Montague of Boughton decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury The Rt. honble Ralph Lord Grey Baron of Warke c â— of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th created Earle of Tangverville in the said Kingdome The Right Honourable Iohn Lord Roberts Baron of Truro in Cornwall and one of the Lords of his maties most Honourable Privy Councell c a. The Right Honourable Iohn Lovelace Baron of Hurley in Barkshire The Right Honourable Iohn Lord Poulet Baron of Hinton St. George in Somerset shire The Right Honourable William Maynard Baron of Estaines in Essex and Baron Maynard of Wicklow in Ireland Comptroler of his Mtys household and one of the Lords of his most Honourable privy Councell The Right Honourable George Coventry Baron of Alesborough in Worcestershire The Right Honourable Thomas Howard Baron of Escricke in Yorkshire The Right honble Charles Lord Mohun Baron Mohun of Okehampton in Devonshire the Right honble Edward Lord Herbert Baron of Cherbury in Montgomeryshire and of Castle Island in Ireland and one of the Lords of his matyâ— most honble privy Councell for the Kingdom of Irelandâ— The Right honble Thomas Lord Leigh Baron Leigh of Stoneley in Warwick-shire The Right honble Richard Lord Biron Baron of Rachdale in Lancashire The Right honble Christopher Lord Hatton Baron of Kirby in Northamptonsh Governor of the Isle of Gemsey ct The Right honble Richard Lord Vaughan Baron of Emlyn in England and Earle oâ— Carbery in Ireland and one of the Lds of his Majestys most honble Privy Councell The Right honble Francis Lord Carrington Baron of Wotton in Warwicksh Viscount Bâ—rreford in the Kingdome of Ireland The Right honble William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne The Right Honourable Edward Lord Ward Baron of Bermingham in the County of Warwick The Right honble Thomas Lord Culpeper Baron of Thornsway in Kent The Right honble Iacob Lord Astley Baron of Reding in Berkshire The Right Honourable Charles Lord Lucas Baron of Shenfeild in the County of Essex the Right honble John Lord Belasis Baron of Worlabye in Lincolnshire the Right honble Edward Watson Baron Rockingham of Rockingham in Northamtonshire son of Lewis Lord Rockingham by the Lady Elianor sister to Iohn Earle of Rutland now living An. 1625 The Right Honourable Charles Lord Gerard Baron of Brandon in Suffolk Gentleman of his matys Bedchamber The Right honble Robert Sutton Baron Lexington of Axam in Nottingham shire The Right Honourable Charles Henry Lord Kirkhoven Baron Wotton of Wotton in Kent The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland The Right honble William Lord Crofts Baron of Saxham in Suffolk Oâ—e of the Gentlemen of his matys Bedchamber The Right honble Iohnâ— Lord Berhley Baron of Stratton in Somersetshire One oâ— the Lords of his Majestys most honble Privy Councell The Right honble Denzell Lord Holles Baron of Ifield in Sussex Lord high Steward of the Honors Manor s and Revenews of the Queens Custos Rotolorum of Dorset shire The Right Honourable Charles Lord Cornwallis Baron of Eye in Suffolke c a. The Rt. honble George Lord Booth Baron De la Mer of Dunham Massey in Cheshire c a. The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke Lord Leivetenant of the said County c a. The Right Honourable Iohn Lord Crew Baron of Stean in Northampton shire The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire The Right Honourable Richard Lord Arundell Baron of Trerife in Cornwall The Right honble Thomas Butler Earle of Ossâ—ry in Ireland Baron Butler of More Park in Hereford shire Eldest Son to his Grace Iames Duke of Ormond Kt of the Garter one of the Gentlemen of his matys Bedchamber and Lords of his most Honourable privy Councell c a. The Right Honorbl Hugh Lord Clifford Baron of Chudleigh
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough â—nd Baron of Clougrenan in Ireland and one of the Lords of his matys most Honourable Privy Councell for the said Kingdome and Baron of Weston in England The Right honble Heneage Lord â—inch Baron of Doventry Lord High Chancellor of England â— a The Rt. honble Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of the Bath Bart. was in the 3d of K. Ch the ist created to the sd. Dignity The Right Honourable Coecilius Coluert Baron Baltemore de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of the Provinces of Maryland and Avalon in America The Right Honourable William Lord Allington Baron of Killard in the Kingdome of Ireland The Right Honourable Iohn Lord Baron of KingstoÌ„ Ld President of the Province of Connaugh Comissary generall of ye. Horse for his matys Army in Ireland and one of the Lds of his matys most honble Privy Councell for â—he said Kingdome plerumque ridicula for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur It may leave some use and serve turn in Schools but it is too light for Judgment in Law and for the Seats of Justice Thomas Aquinas setteth down a more certain Rule In vocibus videndum non tam a quo quam ad quid sumatur and words should be taken sensu currenti for Use and Custome is the best Expositor of the Laws and Words quem penes arbitrium est jus norma loquendi in the Lord Chancellor's Speech in the Case Postnati fol. 61. And forasmuch as the word may aptly be applyed to import men of strength Bracton as before appeareth not unaptly useth the signification thereof in these words Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli The Antiquity of the Dignity of Barons and the sundry uses of the Name IT seemeth that the Dignity was more ancient than the Name for in the ancient Constitutions there is no mention made of the name of Barons howbeit the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores and afterwards called Capitanei For of the Valvasors which are thought to be the Barons Valvasores Minores and Valvasini or Valvasores Minimi The like Dignity before the Conquest had those which of the English-Saxons were called Thaines Mills fol. 28. saith Barons were in France from the beginning nevertheless the name of Baron was not much used in this Kingdom until the Norman Conquest after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons For as they in general and large signification did sometimes use the same to the sense and meaning and import of a Freeman born of a Free Parentage or such like So did the Normans use the word Baron and therefore called their best esteemed Towns and Boroughs by the name of Barons And so the Citizens of London were called Barons Londonni divers ancient Monuments of whom also Britan. maketh mention fol. 272. lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons And the Barons of Warwick in the Record of Domesday and unto our time the Free Burgesses of the Five priviledged Ports and for that also divers of the Nobility of Barons as well Spiritual as Temporal did in ancient time sit in the Exchequer to determine the matters there arising The Judges of that Court have been time out of mind called Barons of the Exchequer And â—â—lliam de la Poole was created a Baron by King Edward the Third and made Lord Chief Baron of the Exchequer Moreover as the English Saxons had two kinds of Thaines the like hath been observed as touching Barons â—or the King and the Monarchs of the Realm have their immediate Barons being the Peers of the Realm And in like manner certain others of the Nobility especially the Earls which have Jurisdiction Palatine and Earls-Marshal whose Countries have confined upon the Coasts of the Enemy and had under them for their better defence a kind of Barons as namely under the County Palatine of Chester were these Barons viz. the Barons of Hilton Mountale Molebanck Shipbrooke Malpas Massa Kinderton Stockport c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales and therefore the Earl thereof being an Earl-Marshal had also under him his Barons as by the Parliament Rolls 18 Edw. 1. doth appear It hath been therefore a common Opinion received That every Earldom in times past had under it Ten Barons and every Baron Ten Knights Fees holden of him and that those which have Four Knights Fees were usually called and promoted to the Degree of a Baron Also Lords and Proprietors of Mannors were in respect of them in ancient remembrance called Barons but absolutely and the Courts of their Mannors called thereof Courts Barons It resteth now for the more explanation of the use of the name of Barons that we call to remembrance that which hath bin afore spoken That the Custome of our Country is that if a Baron be created Earl the eldest Son of the said Earl taketh upon him in the life time of his Father the Name and Title of the Barony although he want the priviledges belonging to a Baron The Tenor and proper signification of the word Baron BArons Honourable are of three kinds viz. by Tenure by Writ and by Creation or Patent As for Barons by Prescription which some men have spoken of they are intended to be all one with the Barons by Tenure or those whose Ancestors time out of mind have been called to Parliament by Writ for otherwise there are no such to be found as Barons by Prescription only CHAP. X. Barons by Tenure BArons by Tenure are those which do hold any Honour Castle or Mannor as the head of their Barony per Baroniam which is Grand Serâ—eanty And those Barons by Tenure are of two sorts Barons Spiritual by Tenure and Barons Temporal by Tenure Of Barons Spiritual by Tenure sufficient is said whereunto may be added That it appeareth by all the ancient Writers of our Law as Brittan Glanvile Bracton and the rest that the Archbishops and Bishops of the Realm in the ancient Saxons days as well during the time that the Realm was divided into divers Kingdoms as also after the uniting of them into one Monarchy were called to Parliament or Assemblies of State as Wisemen not so much in respect of their Tenure for in those days all their Tenures were by a Frank Almoigne but especially for that the Laws and Counsels of men are then most currant and commendable and have a more blessed Issue and Success where they are grounded upon the Law of God the Root and Beginning of
those ancient Fees in the time of Henry the Third and Edward the Fourth at this day do amount unto most men are not unskilful in Coke's seventh part 33. And in Cases of Decay of Ability and Estate as Senatores Romani amoti Senatu so sometimes they are not admitted to the Upper House of Parliament though they still keep their Title and Dignity Sir Thomas Smith de Republica Aâ—glorum 22. and by the Statute made 31 Hen. 8. cap. 10. the Lords have their places prescribed after this manner as followeth viz. These four the Lord Chancellor the Lord Treasurer the Lord President of the Council and the Lord Privy Seal being Persons of the Degree of a Baron or above are in the same Act appointed to sit in Parliament and in all Assemblies and Councils above all Dukes not being of the Blood Royal viz. the King's Uncle Brother and Nephew And these six viz. the Lord Great Chamberlain of England the Lord High Constable of England the Lord Marshal of England the Lord Admiral of England the Lord High Steward of his Majesties Houshold and the Lord Chamberlain also of his Mâ—jesties Houshold by that Act are to be placed in all Assemblies of Council after the Lord Privy Seal according to their Degrees So that if he be a Baron than he is to sit above all Barons or if an Earl above all Earls And so likewise the King's Secretaries being Barons or Earls have place above all Barons or Earls PRIVILEDGES Incident to the NOBILITY According to the Laws of England CHAP. XIII WHEN a Peer of the Realm and Lord of the Parliament is to be Arraigned upon any Trespass or Felony whereof he is indicted and whereupon he hath pleaded Not Guilty the King by his Letters Patens shall assign some great and sage Lord of the Parliament to be High Steward of England for the day of his Arraignment who before the said day shall make a Precept to his Serjeant at Arms that is appointed to serve him during the time of his Commission to warn to appear before him Eighteen or Twenty Lords of the Parliament or Twelve at the least upon the same day And then at the time appointed when the High Steward shall be set under the Cloth of Estate upon the Arraignment of the Prisoner and having caused the Commission to be read the same Serjeant shall return his Precept and thereupon the Lords shall be called and when they have appeared and are set in their places the Conâ—â—able of the Tower shall be called to bring his Prisoner to the Barr and the High Steward shall declare to the Prisoner the cause why the King hath assembled thither those Lords and himself and perswade him to answer without fear and then he shall call the Clerk of the Crown to read his Indictment unto him and to ask him if he be Guilty or not whereunto when he hath answered Not Guilty the Clerk of the Crown shall ask him How he will be tryed and then he will say By God and his Peers Then the King's Serjeant and Attorney will give Evidence against him whereunto when the Prisoner hath made answer the Constable shall be commanded to receive the Prisoner from the Barr to some other place whilst the Lords do secretly confer together in the Court and then the Lords shall rise out of their places and consult amongst themselves and what they affirm shall be done upon their Honour without any Oath to be ministred upon them And when all or the greatest part of them shall be agreed they shall retire to their places and sit down Then the High Steward shall ask of the youngest Lord by himself if he that is Arraigned be Guilty or not of the Offence whereof he is Arraigned and then the youngest next him and so of the residue one by one until he hath asked them all and every Lord shall answer by himself And then the Steward shall send for the Prisoner again who shall be led to the Barr to whom the High Steward shall rehearse the Verdict of the Peers and give Judgment accordingly The Antiquity and Original of this kind of Tryal by the opinion of several Authors is grounded from the Statute of Magna Charta so called not in respect of the quantity but of the weight of it Coke to the Reader before his eight part fol. 2. cap. 29. beginning thus Millus liber homo c. nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum But I take it to be more ancient than the time of Henry the Third as brought into the Realm with the Conqueror being answerable to the Norman and French Laws and agreeable with the Custom Feudale where almost all Controversies arising between the Sovereign and the Vassal are tryed per Iudicium parium suorum And if a Peer of the Realm upon his Arraignment of Treason do stand mute or will not answer directly Judgment shall be given against him as a Traytor Convict and he shall not be prest to death and thereby save the forfeiture of his Lands for Treason is out of the Statute of Westminster 1. chap. 12. 15. Ed. 4. 33. Dyer 205. But if he be Arraigned upon Indictment of Felony he may be mute This priviledge hath some restraint as well in regard of the person as in the manner of proceeding As touching the person first the Archbishops and Bishops of this Realm although they be Lords of the Parliament if they be impeached of such offence they shall not be tryed by the Peers of the Realm but by a Jury of Knights and other substantial Persons upon their Oaths the reason thereof alledged is so much as Archbishops and Bishops cannot pass in the like cases upon Peers for that they are prohibited by the Common and Ecclesiastical Laws to be judged of Life and Blood Reason would that the other Peers should not try them for this Tryal should be mutual forasmuch as it is performed upon their Honours without any Oath taken And so by the way you may see the great respect the Law hath to a Peer of the Realm when he speaketh upon his Honour even in a case concerning the life of a man and that of a Peer and therefore ought they much more to keep their Words and Promises in smaller matters when they engage their Honour for any just cause or consideration Secondly as touching these persons no Temporal Lords but they that are Lords of the Parliament shall have this kind of Tryal and therefore out of this are excluded the eldest Son and Heir apparent of a Duke in the life of his Father though he be called an Earl And it was the case of Henry Howard Earl of Surrey Son and Heir apparent to Thomas Duke of Norfolk in 38 Hen. 8. which is in Brook's Abridgment Treason 2. Likewise the Son and Heir apparent of an Earl though he be called a Lord. And all the younger Sons of Kings are Earls
by birth though they have no other Creation but shall not be partaker of these or other Priviledges incident to the Lords of the Parliament Thirdly Those that are Barons and of the Nobility of Scotland or Ireland if upon the like Offence committed in England they be apprehended in England they shall not have this Tryal by Peers no though they were born in England for they received their Dignity from a King of England of other Nations But if the King of England do at this day create one of his Subjects of Scotland or Ireland an Earl Viscount Baron or other Peer of this Realm or by his ordinary Writ of Summons under his Great Seal do call him to the Upper House of Parliament and assign him a place and to have Voice free amongst the Lords and Peers there assembled he shall be partaker with them in all priviledges And thus much concerning the restraint of the Priviledges in respect of the persons 39 Ed. 3. And touching the manner of proceeding it appeareth by the said Statute of Magna Charta chap. 29. That a Peer of the Realm shall be tryed by his Peers only in case where he is indicted at the King's Suit of Treason or Felony for the words of the Statute be Nec super eum ibimus c. But if any Appeal of Murther of Felony be sued by any common person against a Peer of the Realm he shall be tryed by common persons and not by his Peers And so was Fines Lord Dacres tryed in Appeal of Murther The Nobility of this Realm do enjoy this priviledge That they are not to be impannelled on any Jury or Inquest to make tryal or inquiry upon their Corporal Oaths between party and party for they may have a Writ for their Discharge to the Sheriff But it is a Rule in Law Vigilantibus non dormientibus subveniant jura For if the Sheriff have not received any such Writ and the Sheriff have returned any such Lord on Juries or in Assize c. and they thereupon do appear they shall be sworn if they do not appear they shall lose their Issues 35 Hen. 6. and in such case they must purchase a Writ out of the Chancery reciting their priviledges directed to the Justices before whom such Noble persons are so impannelled commanding to dismiss him or them that were so impannelled out of the said Pannel F.N.B. 165. This priviledge hath in two causes not been allowed or taken place 1. If the enquiry concern the King and the Common-wealth in any necessary and important degree or business of the Realm And therefore divers Barons of the Marshes of Wales were impannelled before the Bishop of Ely and other Commissioners of Oyer and Terminer to enquire of a notable outrage committed by Gilbert de Clare Earl of Glocester against Humphrey de Bohun Earl of Hereford and Essex and his Tenants in Wales in the Twelfth year of Edward the First where Iohn de Hastings Edmond de Mortimer Theobald Beardmoe and other Barons of the Marshes challenged their priviledges aforesaid and much insisted upon the same But it was afterwards answered by the Court as by the words in the Record appeareth The Barons aforesaid did persist in the Challenge and in the end both the said Earls between whom the said outrage had been perpetrated submitted themselves to the King's Grace and made their Fines Secondly This priviledge hath no place in case of necessity where the truth of the case cannot otherwise come to light for the words in the Writ in the Register are Nisi sua praesentia ob aliquam causam specialiter exigatur c. If any Nobleman do bring an Action of Debt upon Account in case where the Plaintiff is to be examined which is always intended to be upon Oath upon the truth of his cause by vertue of the Statute of the fifth of Henry the Fourth chap. 8. it shall suffice to examine his Attorney and not himself upon his Oath And this priviledge the Law hath given to the Nobility That they are not Arrested upon any Warrant of a Justice of Peace for their good behaviour or breach of Peace nor by a Supplicavit out of Chancery or from the King's Bench For such an Opinion hath the Law conceived of the peaceable disposition of Noblemen that it hath been thought enough to take their promise upon their Honour in that behalf And as in Civil Causes the like Rule doth the Court of Equity observe in Cases of Conscience for if the Defendant be a Peer of the Realm in the Star-Chamber or Court of Chancery a Subpaena shall not be awarded but a Letter from the Lord Chancellor or Lord Keeper in lieu thereof And if he do not appear no Attachment shall go out against him For in the Fourteenth year of Queen Elizabeth this Order and Rule was declared in the Parliament Chamber That an Attachment is not awarded by Common Law Custome or President against any Lord of Parliament And if he do appear and make his Bill of Complaint upon his Honour only he is not compelled to be sworn But by the Statute 5 Eliz. cap. 1. it is enacted That all Knights and Burgesses of Parliament shall take the Oath of Supremacy and so shall Citizens and Barons of the Cinque Ports being returned of the Parliament before they enter into the Parliament House which Oath shall be according to the tenor effect and form of the same as is set forth in the Statutue of 1 Eliz. Provided always that forasmuch as the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament therefore this Act nor any thing therein contained shall not extend to compel any Temporal person of or above the Degree of a Baron of this Realm to take the said Oath nor to incur any penalty limited by the said Act for not taking the same If a Peer be sued in the Common Pleas in an Action of Debt or Trespass and Process be awarded by Capias or Exigit against him then he may sue out a Certiorari in the Chancery directed to the Justices of the Common Pleas testifying that he is a Peer of the Realm For unless the Court be certified by the King 's Writ out of the Chancery that the Defendant is a Peer of Parliament if a Capias or Exigit issue forth against him it is no Error neither is it punishable in the Sheriff his Bailiffs or Officers if they execute the said Process and arrest the body of such a Noble person for it appertaineth not to them to argue or dispute the Authority of the Court But if the Court be thereof certified as aforesaid they will award a Supersedeas which is in the Books of Entries in the Title of Error Sect. 20. And there are two Reasons or Causes wherefore no Capias or Exigit lieth against any Peer one because of the dignity of their persons and the other by intendment of Law
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right
Artificers Retailers Labourers or such like of whom Tully saith Nihil proficiuntur nisi ad modum mentiuntur And by divers Statutes certain Immunities are given to men of Quality which are denied to the Vulgar sort of People Read hereof amongst other 1 Iac. cap. 127. By the Statute of 2 Hen. 4. chap. 27. amongst other things it is enacted That no Yeoman should take or wear any Livery of any Lord upon pain of imprisonment and to make Fine at the King's will and pleasure These Yeomen were famous in our Forefathers days for Archery and Manhood our Infantry which so often conquered the French and repuls'd the Scots were composed of them as are our Militia at present who through want of use and good discipline are much degenerated from their Ancestors valour and hardiness As the Nobility Gentry and Clergy have certain priviledges peculiar to themselves so have the Commonalty of England beyond the Subjects of other Monarchs No Freeman of England ought to be imprisoned outed of his possession disâ—eised of his Freehold without Order of Law and just cause shewed To him that is imprisoned may not be denied a Habeas Corpus if it be desired and if no just cause be alledged and the same be returned upon a Habeas Corpus the Prisoner is to be set at liberty By Magna Charta 9 Hen. 3. no Souldier can be quartered in any House except Inns and other publick Victualling-houses in time of peace without the Owners consent by the Petition of Right 3 Car. 1. No Taxes Loans or Benevolences can be imposed but by Act of Parliament idem The Yeomanry are not to be prest to serve as a Souldier in the Wars unless bound by Tenure which is now abolished Nor are the Trained Bands compelled to march out of the Kingdom or be transported beyond Sea otherwise than by the Law of the Kingdom ought to be done Nor is any one to be compelled to bear his own Arms finding one sufficient man qualified according to the Act aforementioned No Freeman is to be tried but by his equals nor condemned but by the Laws of the Land These and many other Freedoms make them most happy did they but know it and should oblige them to their Alegiance to their Prince under whose power and government themselves their Rights and Priviledges are preserved and quietly enjoyed yet such is the inconstancy of mens nature not to be contented with the bliss they enjoy THE SECOND PART OF Honour Civil Treating of the CUSTOMS GOVERNMENT PRIVILEDGES ARMORIAL ENSIGNS of HONOUR OF THE City of London With the like Account of the CITIES of ENGLAND Together with the Chief Town Corporate in each COUNTY of ENGLAND LONDON Printed by Samuel Roycroft Anno Dom. MDCLXXVIII To the Right Honourable and Honourable the Right Worshipfull and Worshipfull the Governors Deputy Governors Treasurers Consulls Assistants c a. of these severall Incorporated Companys of Merchants This Plate is humbly dedicated By your Honours and Worships most humble Servant Richard Blome The Atchivement of the Honourable Citty of LONDON with the Armes of the Right Honourable the Lord Mayor the Court of Aldermen and Sheriffs for the yeare of our Lord 1678. The Right Honourable Sr. Iames Edwards Knight Lord Mayor of the honble Citty of London for the yeare 1678 THE SECOND PART OF Honour Civil CHAP. I. ALL Chronologers and Antiquaries do agree that in the Infancy of the Worlds Creation men had no habitation other than Woods Groves bushy Thickets Caves and Concavities in Rocks and Sandy Grounds to shelter themselves from the wind and weather which places they fenced about with sticks heaps of stones or the like to preserve them from ravenous Beasts which otherwise would annoy them Then by degrees as the World increased and Inconvenience being the Mother of Invention they made themselves small Hutts from Hutts they came to build Houses and to cohabit in Hamlets or Villages and from thence sprang up Towns Cities Castles and Fortified Places Then the Inhabitants of one City or Place waged warr against those of another and the Victorious enlarged their Territories and made them their Tributaries and thus increasing in number of Inhabitants formed to themselves a Civil Government and growing in Riches some studied one Art and some another some addicted themselves to Traffick whilst others imployed their time in Martial Affairs And what are Cities in these our days but the nursery habitation and receptacle of worthy ingenious wealthy and munificent brave men which made Charles the Quint much to glory that he was a Citizen of Ghent And Henry the Great in answer to a Letter of the King of Spains wherein he declared his many Titles styled himself only Henry King of France and Burgess of Paris Since then that Cities are of such renown and the Inhabitants thereof so signal in Coat-Armour as having such a mixture and affinity with the Gentry it will be necessary that in this Treatise we take notice of our Cities and chief Towns Corporate being places of such concern to the Nation as to their Priviledges Governments Courts of Judicature Magistrates their Armorial Badges belonging as well to the said Cities and Towns as to their several Incorporated Companies in London And first with London LONDON the Metropolis Mistress and bravery of all England the King's Chamber and Epitomy of the whole Kingdom of so great Antiquity and Fame in other Countreys that it wanteth no mans commendation As to its rise various are the Opinions of Writers Ptolomy Tacitus and Antoninus calls her Londinium or Longidinium others Augusta Troja nova or Troynovant others Caer-Lud and others Dinas Belin. It is seated no less pleasantly than commodiously on the Banks of the Thames which in its hasty but not rapid course towards the Sea saluteth its walls and payeth its duty to her dividing it into two but unequal parts which are again joyned together by a most stately Stone-Bridge sustained by nineteen great Arches and so furnished with Houses that it seemeth rather a Street than a Bridge And beyond the said Bridge the Thames with a deep and safe Channel gives entertainment to Ships of very considerable Burthen which daily bring in their rich Ladings from the known parts of the traded World And if we consider its great Riches and Traffick with other Nations its Jurisdiction and Bounds being about twelve or fifteen miles in Circuit its populousness and strength in Men and Ammunition both for Sea and Land Service it s well Government both Civil and Ecclesiastical the civility ingenuity and experience of its Inhabitants in Letters Arts Sciences Manufactures and Martial Affairs its stately Buildings both publick and private as the Palaces of his Majesty Whitehall St. Iames's and Somerseâ—-houses the several Houses of the Nobility its Courts of Judicature and Houses of Parliament its Collegiate and other Churches for Divine Service its Inns of Court and Chancery its Royal Exchange built by Sir Thomas Gresham its Custome-house its Tower which contains a
the Dove in Castile ibid. Ordo de la Scama in Castile ibid. Knights of the Lily in Aragon ibid. Knights of Mountjoy ibid. Knights of Acon or Acres ibid. Knights of St. James in Galicia 126 Knights of St. Saviour in Aragon ibid. Knights of St. Julian de Pereyro or of Alcantara ibid. Knights of Calatrava in Castile ibid. Knights of Truxillo ibid. Knights of our Lady and of St. George of Montesa in Valencia 127 Knights of St. Mary de Merced in Aragon ibid. Knights of the Rosary in Toledo ibid. Orders of Knighthood in Flanders Knights of the Golden Fleece or Toison d'Or 128 Orders of Knighthood in Portugal Knights d'Avis 129 Knights of the Wing of St. Michael ibid. Knights of St. James 130 Knights of Christ ibid. Orders of Knighthood in France Knights of Iesus Christ 131 Knights of the Passion of Iesus Christ ibid. Knights of the blessed Virgin Mary of Mount-Carmel 132 Knights of St. Michael ibid. Knights of St. Esprit ibid. Knights of the Order of the Genet 133 Knights of the Crown Royal amongst the Frizons ibid. Knights of our Lady of the Star ibid. Knights of the Thistle of Bourbon ibid. Knights of the Porcupine 134 Knights of the Croissant of Anjou ibid. The Order of the Ermyne in Bretagne ibid. Degrees of Knighthood in Italy Knights of St. Mary the Glorious 135 Knights of the Holy Ghost in Saxia at Rome ibid. The Constantinian Angelick Knights of Saint George formerly in Greece 136 Knights of St. Peter at Rome ibid. Knights of St. George at Rome ibid. Knights of St. Paul at Rome ibid. Knights called Pios at Rome ibid. Knights of Loretto ibid. Knights of the Glorious Virgin Mary at Rome 137 Knights of Jesus at Rome ibidâ— Knights de la Calza in Venice ibid. Knights of St. Mark in Venice ibid. Knights of St. George at Genoa ibid. Knights of St. Stephen at Florence 138 Knights of the Knot in Naples ibid. Knights of the Argonauts of St. Nicholas in Naples ibid. Knights of the Ermyne in Naples ibid. Degrees of Knighthood in Savoy Knights of the Annunciation 139 Knights of St. Maurice 140 Knights of St. Maurice and St. Lazarus ibid Knights of the Bear in Switzerland 141 Degrees of Knighthood in Germany Knights of the Tutonick Order of Prusia 142 Knights of St. Jerom 143 Knights of St. George in Austria and Carinthia ibid. Knights of St. Michael the Archangel ibid. Knights of St. Anthony of Hainolt 144 Knights of the Tusin Order in Bohemia ibid. Knights of St. Hubert in Juliers ibid. Knights of the Order of St. James in Holland ibid. Degrees of Knighthood in Swedeland Knights of the Brician Order 145 Knights of Seraphins ibid. Knights of Amarantha ibid. Knights of the Order of the Elephant in Denmark 146 Degrees of Knighthood in Poland Knights of Christ or of the Sword-Bearers in Livonia 147 Knights of the white Eagle ibid. Knights of the Order of the Dragon overthrown in Hungary 148 Knights of the Order of the sword in Cyprus ibid. Knights of St. Anthony in AEthiopia 149 Knights of the Burgundian Cross in Tunis ibid. Knights of the West-Indies 150 Chap. XXV Of Esquiresâ— 151 Chap. XXVI Of Gentlemen 154 The priviledges of the Gentry 156 Chap. XXVII Of Yeomen 158 Chap. I. The second Part of Honour Civil treats of the Priviledges Coat-Armour c. of London and the Cities and chief Towns Corporate in England 161 London its Government Courts c. 162 The Names of the Lord Mayor and Aldermeâ— 164 The Incorporated Companies of Merchants ibid. The chief Companies of London 167 Chap. II. Treats of the Cities and Shire-Towns of England Counties Towns fâ—l Berks Reading 170 Bedfordshire Bedford ibid. Bucks Buckingham ibid. Cambridgshire Cambridge ibid. Cambridgshire Ely ibid. Cheshire Chester 171 Cornwall Launston ibid. Cumberland Carlisle ibid. Derbyshire Derby ibid. Devonshire â—xeter ibid. Devonshire Barnstable ibid. Dorsetshire Dorchester 172 Durham Durham ibid. Essex Colchester ibid. Glocestershire Bristoll ibid. Glocestershire Bristoll Merchants ibid. Glocestershire Glocester 173 Hantshire Winchester ibid. Hantshire Southampton ibid. Hertfordshire Hertford ibid. Herefordshire Hereford ibid. Huntingtonshire Huntington 174 Kent Canterbury ibid. Kent Rochester ibid. Lancashire Lancaster ibid. Leicestershire Leicester ibid. Lincolnshire Lincoln ibid. Lincolnshire Stamforâ— 175 Monmouthshire Monmoutâ— ibid. Norfolk Norwich ibid. Northamptonshire Northampton ibid. Northamptonshire Peterborow ibid. Northumberland Newcastle ibid. Nottinghamshire Nottingham 176 Oxfordshire Oxford ibid. Rutlandshire Oakham ibid. Shropshire Shrewsbury ibid. Somersetshire Bath 177 Somersetshire Wells 177 Staffordshire Litchfield ibid. Staffordshire Stafford ibid. Suffolk Ipswich ibid. Sussex Chichester ibid. Warwickshire Coventrey 178 Westmoreland Apleby 179 Wiltshire Salisbury 181 Worcestershire Worcester ibid. Yorkshire York ibid. Yorkshire Hull ibid. Yorkshire Richmond ibid. A TABLE of the Effigies and Atchievements of the Nobility and Gentry in the Treatise of Honour Civil and Military The Effigies of the Duke of Albemarle fol. 9 The Effigies of the Earls of Carlisle 10 The Effigies of the Earls of Craven ibid. The Effigies of the Lord Bellasis ibid. The Effigies of Bertram Ashburnham ibid. The Effigies of the Lord Chancellor Finch 14 The Effigies of the Earl of Shaftesbury as Lord Chancellor 14 His Majesties Effigies 19 His Majesties Atchievement 19 DUKES The Effigies of the Duke of Buckingham 32 Atchievements numb â—ol D. of Albemarle 6 32 D. of Buckingham 5 32 D. of Grafton 11 32 D. of Monmouth 7 32 D. of Newcastle 8 32 D. of Norfolk 3 32 D. of Richmond 10 32 Prince Rupert 2 32 D. of Somerset 4 32 D. of Southampton 9 32 D. of York 1 32 MARQUISSES Effigies of the Marquiss of Winchester 37 Atchievements   Marquisses of Dorchester 3 37 Marquisses of Winchester 1 37 Marquisses of Worcester 2 37 EARLS Effigies of the Earls of Aylesbury 39 Effigies of the Earls of Burford 39 Atchievements A E. of Airly 77 39 E. of Anglesey 51 39 E. of Arlington 57 39 E. of Aylesbury 55 39 B E. of Banbury 29 39 E. of Bath 52 39 E. of Bedford 7 39 E. of Berkshire 26 39 E. of Brecknock D. of Ormond 47 39 E. of Bridgwater 15 39 E. of Bristoll 21 39 E. of Bullingbrook 23 39 E. of Burford 68 39 E. of Burlington 56 39 C  numb so E. of Cardigan 50 39 E. of Carlisle 53 39 E. of Carnarvan 36 39 E. of Castlemaine 80 39 E. of Chesterfield 38 39 E. of Clare 22 39 E. of Clarendon 48 39 E. of Craven 54 39 D E. of Danby 64 39 E. of Derby 4 39 E. of Denbigh 20 39 E. of Devonshire 19 39 E. of Donegall 76 39 E. of Dorset and Middlesex 12 39 E. of Dover 32 39 E. of Downe 79 39 E. of Droheda 74 39 E E. of Essex 49 39 E. of Exeter 14 39 F E. of Feversham 67 39 E. of Fingall 75 39 G E. of Guilford D. Lotherdale 62 39 H E. of Huntington 6 39 I E. of Incsiquin 73 39 K E. of Kent 3 39 E. of Kildare 78 39 L E. of Langford
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
He hath the Title of Grace and Most Reverend Father in God He hath the Honour to Crown the Queen and to be her perpetual Chaplain He is also styled Primate of England and Metropolitan of his Province He hath the Rights of a County Palatine over Hexamshire in Northumberland He may qualifie Chaplains and hath divers other Prerogatives which the Archbishop of Canterbury hath within his own Province but Durham being one hath in many things a peculiar Jurisdiction exempted from the Archbishop Priviledges belonging to the Bishops are as followeth IN their own Court they have power to judge and pass Sentence alone without any Colleague which is not done in any other Court And therefore the Bishops send sorth their Citations in their own Names not in the King 's as the Writs in other Courts run They may depute their Authority to another as doth the King either to their Suffragan-Bishops their Chancellors Commissaries or other Officers which none of the King's Judges can do In whatever Prince's Dominions they come their Episcopal Dignity and Degree is owned they may confer Orders c. whereas no Lay-lord is acknowledged but in the King's Dominions who gave him the Title None of them can be Indicted of any Crime before a Temporal Judge without especial Licence from the King A severe penalty to be inflicted on them that raise any Scandal or false Report In a Tryal where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay-lord challenge the Array if one Knight at least be not returned upon the Jury In Criminal Tryals for life all Bishops are to be tryed by their Peers who are Barons and none under that Degree to be impanelled but anciently they were exempted from any Tryal by Temporal Judges In Parliament they may Vote in any thing but in sentence for Life or loss of Member they being by Common Law to absent themselves and by Common Law to make Proxies to Vote for them They are freed from all Arrests Outlawries Distresses c. They have liberty to hunt in any of the King's Forests or Parks to take one or two Deer coming or going from the King's Presence and to have Wine free from Impost c. Their Persons may not be seized for Contempt but their Temporalities only and their word only is to be taken and their Certificate allowed in the Tryal of Bastardy Heresie c. And such respect has been shewed their Persons that an Offence by a Clergyman to his Bishop is called Episcopicide and punished as Paracide equal to petty Treason Every Bishop may qualifie as many Chaplains as a Duke They are all Barons and Peers of the Realm and have place in the upper House of Parliament as afore noted and take place according to Seniority of their Consecration except London Durham and Winchester who precede by Statute made in the Reign of King Henry the Eighth It will not be amiss to speak somewhat of the Immunities common to all Ecclesiasticks as well Commons as Lords Spiritual as followeth All Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars have priviledge some by themselves others by proxy to sit and vote in the lower House of Convocation No Subsidy or other Tax can be imposed upon them without their own consent No Clergyman may be compelled to undergo any personal Service in the Commonwealth nor to serve in the Wars or to bear any servile Office They are free from the King's Purveyors Carriers Posts c. for which they may demand a protection from the King cum clausula nolumus They are not obliged to appear at the Sheriffs Turns or Views of Frank pledge nor are impanelled to serve upon Inquests at Assizes or elsewhere If a Clergyman acknowledge a Statute his Body shall not be taken thereupon for the Writ runs Si Laicus sit c. Their Goods are discharged from Tolls and Customs si non exerceant Merchandizas de eisdem but they must have the King 's Writ to discharge them As the Clergymen are exempted from the Wars being by reason of their Function they are prohibited the wearing a Sword so every man in the order of Priesthood is debarred the Order of Knighthood of the Sword cum eorum militia sit contra mundum carnem diabolum saith Sir Iohn Fern yet laying aside their Cures and also lying themselves to a secular life they have been admitted Dei natalin saith Matth. Paris Iohannem de Gatesden clericum multis ditâ—atum beneficiis sed omnibus resignatis quia sic oportuit Baltheo cinxit militari These and many other Rights Liberties and Priviledges belong to the Clergy of England all which the King at his Coronation solemnly swears to preserve to them And they have been confirmed by above Thirty Parliaments and if any Act be made to the contrary it is said to be Null by the Statute of the 4 th of Edward the Third OF BARONS CHAP. IX AMONGST the Nobles and Honourable Persons Barons have the next place And first of the Dignity and Degrees of a Baron in general Secondly of the Etymology of the Name Thirdly of the Antiquity thereof and of the divers uses in former Ages Fourthly of the Division and the consideration of the several kinds of Barons And lastly a Declaration of the divers and sundry Priviledges allowed them and the rest of the Nobles by the Laws of this Realm The Definition or Description of a Baron IT is a certain Rule in Law Definitiones in jure sunt periculosissimae earum est enim 〈◊〉 non subverti possunt and therefore I do not often find any Definition or Description of a Baron delivered by Writers nevertheless in this our Kingdom it is my Opinion that a Baron may be described in a generality answerable unto every special kind thereof in this manner A Baron is a Dignity of Nobility and Honour next unto the Viscount And the Books of Law do make a difference between Dukes Marquisses Earls and Viscounts which are allowed Names of Dignity and the Baron for they affirm That such a Baron need not to be named Lord or Baron by his Writ but the Duke Marquiss Earl or Viscount ought to be named by their Names of Dignity Cambden fol. 1692. saith That our Common Laws do not allow a Baron one of the Degrees of Nobility But I take it to be understood of Barons by Tenure or Barons by Writ only For the Title of a Baron by Patent is in his Letters Patents under the Great Seal of England adorned by the name of Status Gradus Dignitas and therefore is requisite to be named And such Dignities are a parcel of the Name of the Pohenor as well as the Title and Style of a Duke Marquiss Earl or Viscount And although there may be conceived this Difference last mentioned between the Baron by Tenure or Writ and the Baron by Patent yet they being all Members of the higher House of Parliament they are thereby equally made Noble