Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle â—n â—â—arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbeâ—ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Veâ—dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
Willmot Earl of Rochester Henry Jermin Earl of St. Albans Edward Montague Earl of Sandwich James Butler Earl of Brecknock Edward Hyde Earl of Clarendon Arthur Capel Earl of Essex Thomas Brudnel Earl of Cardigan Anthony Annesly Earl of Anglesey John Greenvile Earl of Bath Charles Howard Earl of Carlile John Craven Earl of Craven Thomas Bruce Earl of Alisbury Richard Boyle Earl of Burlington Vicounts Leicester Devereux Vicount Hereford Francis Brown Vicount Montague James Fiennes Vicount Say and Seale Edward Conway Vicount Conway Baptist Noel Vicount Camden William Howard Vicount Stafford Thomas Bellasis Vicount Falconbridge John Mordant Vicount Mordant George Savil Vicount Halifax Barons John Nevil Lord Abergavenny James Touchet Lord Andley Charles West Lord de la Warre George Berkly Lord Berkly Thomas Parker Lord Morly and Monteagle Francis Lennard Lord Dacres Conyers Darcy Lord Darcy and Menil William Stourton Lord Stourton William Lord Sandys de la Vine Edward Vaux Lord Vaux Thomas Windsor Lord Windsor Thomas Wentworth Lord Wentworth Wingfield Cromwel Lord Cromwell George Evre Lord Evre Philip Wharton Lord Wharton Francis Willoughby Lord Willoughby of Parham William Paget Lord Paget Dudly North Lord North. William Bruges Lord Chandos William Petre Lord Petre. Dutton Gerard Lord Gerard. Charles Stanhop Lord Stanhop Henry Arundel Lord Arundel of Warder Christopher Rooper Lord Tenham Fulk Grevil Lord Brooke Edward Montague Lord Montague of Boughton Charles Lord Howard of Charlton William Grey Lord Grey of Wark John Robarts Lord Robarts John Lovelace Lord Lovelace John Pawlet Lord Pawlet William Mainard Lord Mainard Thomas Coventry Lord Coventry Edward Lord Howard of Escrick Warwick Mohun Lord Mohun William Butler Lord Butler Percy Herbert Lord Powis Edward Herbert Lord Herbert of Cherbury Francis Seymour Lord Seymour Francis Newport Lord Newport Thomas Leigh Lord Leigh of Stonelty Christopher Hatton Lord Hatton Henry Hastings L. Loughborough Richard Byron Lord Byron Richard Vaughan Lord Vaughan Charles Smith Lord Carington William Widrington Lord Widrington Humble Ward Lord Ward Thomas Lord Culpeper Isaack Astley Lord Astley Richard Boyle Lord Clifford John Lucas Lord Lucas John Bellasis Lord Bellasis Lewis Watson Lord Rockingham Charles Gerard Lord Gerard of Brandon Robert Sutton Lord Sutton of Lexinton Charles Kirkhoven Lord Wotton Marmaduke Langdale Lord Langdale William Crofts Lord Crofts John Berkley Lord Berkley Denzil Hollis Lord Hollis Frederick Cornwallis Lord Cornwallis George Booth Lord de la Mere. Horatio Townsend Lord Townsend Anthony Ashley Cooper Lord Ashley John Crew Lord Crew c. Henry Bennet Lord Arlington John Freschevile Lord Fresschevile Richard Arundel Lord Arundeâ— of Trerice Of Temporal Lords or Peer of England there are at presenâ— about 170 whereof there arâ— 10 Dukes 3 Marquisses 6â— Earls 8 Vicounts and 78 Barons whereas within 60 yearâ— last past there was not onâ— Duke but one Marquiss abouâ— 20 Earls 3 or 4 Vicounts anâ— 40 Lords The Laws and Customs of England alwayes willing that Decorum and Conveniency should be every where observed and considering the Charges and Expences appertaining to the several Degrees of Honour as they belong to Men of Principal Service to the King and Realm both in time of War and Peace expected that each of them should have a convenient Estate and Value of Lands of Inheritance for the support of their Honours and the Kings Service Therefore antiently when the intrinsique value of a Pound Sterling was worth 30 l. of our Money now every Knight was to have about 800 Acres reckoned at 20 l. yearly in Land that is about 600 l. of our Money at this day A Baron to have 13 Knights Fees and one third part which amounted to 400 l. which multiplied by 30 was as much as 8000 l. a year at this day An Earl 20 Knights Fees and a Duke 40. And in case of decay of Nobility or that they had so far wasted their Revenues that their Honours could not decently be maintained as the Roman Senators were in such case removed from the Senate so sometimes some English Barons have not been admitted to sit in the Higher House of Parliament though they kept the Name and Title of Dignity still For the better support oâ— these Degrees of Honour the King doth usually upon the Creation of a Duke Marquiss Earl or Vicount grant an Annuity or yearly Rent to them and their heirs which is so annext to the Dignity that by no Grant Assurance or any manner of Alienation can be given from the same but is still â—ncident to and a support of the same Creation contrary to that Principle in Law That every Land of Feesimple may be charged with a Rent in Fee-simple by one way or other To a Duke the King grants 40 l. heretofore a considerable Pension to a Marquiss 40 Marks to an Earl 20 l. and to a Vicount 20 Marks To Barons no such Pensions is ordinarily granted onely the late King creating Mountjoy Blount the late Earl of Newport Lord Mountjoy of Thurlston granted him a Fee of 20 Marks per annum to him and his heirs for ever As the King of England hath ever had the repute of the richest in Domaines of any King in Europe so the Nobility of England have been accounted the richest in Lands of any Neighbouring Nation some having above 20000 l. yearly others 15000 and so many of them above ten that if one with another they have 10000 l. yearly it will amount to in all amongst the 160 Lords Sixteen hundred thousand pounds a year about the ninth part of the yearly Revenue of all England which upon Computation is found to be about Fourteen Millions yearly The English Nobility for Valour Wisdome Integrity â—nd Honour hath in all former Ages been equal to any in Christendom Every Lords House was a kind of a well disciplined Court insomuch that the Gentry Males and Females were wont to be sent thither for vertuous breeding and returned excellently accomplisht At home their Table Attendance Officers Exercises Recreations Garb was an Honour to the Nation Abroad they were attended with as brave numerous and uniform Train of Servants and Followers as any â—uâ—ope not thinking it consistent with their Honours to be seen walk the Streets almost in Cuerpo with one Lackey or not that much less to be found drinking in a Tavern c. If the English Nobility by â— long continued Peace excessive Luxury in Diet want oâ— Action c. were before thâ— late Wars born more feeble in body than their Ancestors anâ— by too fine and too full Dieâ— afterwards were rendred weaker in mind and then during thâ— late troubles by much licentiousness and want of fit Education were so debauched thaâ— it was lately difficult to finâ— as some are bold to affirme the Courage Wisdom Integrity Honour Sobriety and Courtesie of the Antient Nobility yet is it not to be doubted but that under a Warlike Enterprising Prince all those Vertues of their Fore-Fathers may spring afresh especially if we consider the vicissitude
Restauration what Expences in Hospitality c. above and beyond the Charity and Bounty of others who have ten times their Wealth and Riches As they have then been beneficial to this Kingdome above and beyond other ranks of men so they have had the highest respect reverence and esteem In all Ages amongst all Nations amongst Turks as well as Jews and Christians it was judged fit that the Principal Domestique Servants of the King of Heaven and Earth either should be of the Chiefest and Noblest upon Earth or at least should be so esteemed Such Reverence our Ancestors bare to that Function that as Selden observes to fall down and kiss the Feet was a Ceremony usual towards other Bishops and Principal Prelates besides the Bishop of Rome Divers of our Saxon and Norman Kings and Nobles so respected them that they constrained them in Publick Grants yet to be seen to sign before the highest of the Lay Nobles and sometimes before the Kings own Sons and Brothers and to rank them before c. In the year 1200. three Kings viz. of England Scotland and of South-Wales to express their pious and courteous respect to Hugh Bishop of Lincoln disdained not with their own Royal Shoulders to bear his dead Corps to the Grave And yet it hath been observed even by Strangers that the Iniquity of the present times in England is such that the English Orthodox Clergy are not only hated by the Romanists on the one side and maligned by the Presbyterian on the other side as the English Liturgy hath also been for a long time by both of them a sure evidence of the excellency thereof and as our Saviour was crucified between two Theeves but also that of all the Christian Clergy of Europe whether Romish Lutheran or Calvinian none are so little respected beloved obeyed or rewarded as the present Pious Learned Loyal Orthodox Clergy of England even by those who have alwayes professed themselves of that Communion O Deus in quae tempora reservasti nos Here followeth a Catalogue of the present Deans in the Provinces both of Canterbury and York In the Province of Canterbury Dr. Turner Dean of Canterbury Dr. Sancrost Dean of Pauls Dr. Dolben Bishop of Rochester and Dean of Westminster Dr. Clark Dean of Winchester Dr. Wilford Dean of Ely Dr. Creyton Dean of Bath and Wells Dr. Williams Bishop of Ossory and Dean Commendatory of Bangor Dr. Fell Dean of Christ-Church Dr. Hardy Dean of Rochester Dr. Gueson Dean of Chichester Dr. Thomas Dean of Worcester Dr. â—redyok Dean of Salisbury Dr. Honywood Dean of Lincoln Dr. Lloyd Dean of St. Asaph Dr. Cary Dean of Exeter Dr. Duport Dean of Peterborough Dr. Crofts Dean of Norwich Dr. Toogood Dean of Bristol Dr. Hodges Dean of Hereford Dr. Brough Dean of Glocester Dr. Wood Dean of Litchfield In the Province of York Dr. Hitch Dean of York Dr. Sudbury Dean of Durham Dr. Carlton Dean of Carlile Dr. Bridgeman Dean of Chester Note That in the Cathedral Churches of St. Davids and of Landaff there never hath been any Dean but the Bishop in either is Head of the Chapter and in the Bishops absence the Chanter at St. Davids and at Landaff the Archdeacon Note also That there are some Deans in England without any Jurisdiction only for honour so stiled as the Dean of the Chappel Royal and Dean of the Chappel of St. George at Windsor Moreover Some Deans there are without any Chapter yet enjoying certain Jurisdictions as the Dean of Croyden the Dean of Battel the Dean of Bocking c. Of the Nobility or Second Estate of England NObiles quasi viri Noscibiles or Notabiles In all Christian Monarchies men that have been Notable for Courage Wisdom Wealth c. have been judged fit and worthy to enjoy certain Priviledges Titles Dignities Honours c. above the Common People to be placed in an higher Orbe and to be as a Skreen between the King and the Inferiour Subjects to defend the one from Insolencies and the other from Tyranny to interpose by their Counsel Courage and Grandeur where common persons dare not ought not to be so hardy to support the King and defend the Kingdom with their lives and fortunes The Nobility of England is called the Peerage of England because they are all Pares Regni that is Nobilitate Pares though gradu impares The Degrees of the English Nobility are onely five viz. Duke Marquiss Earl Vicount and Baron These are all Barons but the four first are for State Priviledge and Precedence above and before other Barons A Duke in Latine Dux a ducendo Noblemen being antiently either Generals and Leaders of Armies in time of War or Wardens of Marches and Governours of Provinces in times of Peace afterwards made so for term of life then held by Lands and Fees at length made Hereditary and Titular The first Duke since the Conquerour was Edward the Black Prince created so by Edward 3 in the 11th year of his Raign A Duke is at this day created by Patent Cincture of a Sword Imposition of a Cap and Coronet of Gold on his Head and a Verge of Gold put into his hand Marchio a Marquiss was first so called from the Government of Marches and Frontier Countries The first that was so created was Robert Vere Earl of Oxford made Marquiss of Dublin in Octavo of Richard 2. A Marquiss is created by a Cincture of a Sword Imposition of a Cap of Honour with a Coronet and delivery of a Charter or Patent Earls antiently called Comites because they were wont Comitari Regem to wait upon the King for Counsel and Advice The Saxons called them Ealdormen the Danes Eorlas and the English Earls They had antiently for the support of their state the third penny out of the Sherives Court issuing out of all Pleas of that Shire whereof they had their Title but now it is otherwise An Earl is created by the Cincture of a Sword a Mantle of State put upon him by the King himself a Cap and a Coronet put upon his head and a Charter in his hand All Earls are stiled by the King Consanguinei nostri Our Cosins and they antiently did and still may use the style of Nos All the Earls of England are local or denominated from some Shire Town or Place except 2 whereof one is personal as the Earl Marshal of England who is not only honorary as all the rest but also officiary The other is nominal viz. Earl Rivers who takes his denomination from an Illustrious Family as the rest do from some noted place Vicecomes quasi vice Comitis gubernaturus Comitatum This Title was first given say some by Hen. 6. in the 18th year of his Raign to John Beaumont though it may be found that 5 H. 5. Sir Robert Brent was by that King created a Vicount A Vicount is so made by Patent In the Laws of the Longobards and of the Normans this Word
Garter upon the Left Leg upon pain of paying 2 Crowns to any Officer of the Order who shall first claim it onely in taking a Journey a Blew Ribon under the Boot doth suffice Upon the Left Shoulder upon Cloak Coat or Riding Cassack in all places of Assembly when they wear not their Robes they are to wear an Escutcheon of the Arms of St. George that is a Cross with a Garter and this by an Order made April 1626. That Ornament and Embellishment about the said Escutcheon now worn and called the Star or rather the Sun in its glory was at the same time enjoyned The The greatest Monarchs of Christendome have been enrolled and have taken it for an Honour to be of this Order There have been of this Order since the Institution 8 Emperours 25 or 26 Forreign Kings besides many Soveraign Princes c. The Fellows and Companions of the Most Noble Order of St. George are at present these that follow ranked according as they are seated in their several Stalls at Windsor IN the first Stall on the right hand is the Soveraigne of the Order King Charles the Second who is Patron and Sole Disposer of the Order The Stall opposite to His Majesty is now void In the other Stalls on the Sovereign Side are thus placed these that follow 2 The Duke of York 3 Prince Rupert 4 Marquiss of Brandenbourgh 5 Earl of Salisbury 6 Earl of Northumberland 7 Duke of Buckingham 8 Earl of Bristol 9 Count Marsin 10 Earl of Sandwich 11 Duke of Richmond 12 Earl of Strafford 13th Stall is void On the other side opposite to these afore-named are placed in this Order these that follow 2 Prince Elector Palatine 3 Prince of Orenge 4 Prince of Denmark 5 Earl of Berkshire 6 Duke of Ormond 7 Duke of Newcastle 8 Prince of Tarent 9 Duke of Albemarle 10 Earl of Oxford 11 Earl of Manchester 12 Duke of Monmouth 13th Stall on this Side also is void The whole number of Fellows of this Order is not to exceed 26. In the next place are Knights Bannerets Equites Vexilliferi antiently a high Honour now obsolete there being at this time none of this Order in England These may bear Supporters of their Arms and none under this Degree Knights of the Bath so called of their Bathing used before they are created The first of this sort were made by Henry 4th Anno 1399. They are now commonly made at the Coronation of a King or Queen or Installation of 〈◊〉 Prince of VVales They weaâ— a Scarlet Ribon Belt-wise They are still made with much Ceremony too long here to be described Other Knights called Equites Aurati from the Gilt Spurs usually put upon them and Knights Batchelors quasi Baschevaliers Knights of lower Degree So Bachelors in Arts or Divinity quasi Low Knights or Servitors in Arts. These were antiently made by girding with a Sword and Gilt Spurs and was bestowed onely upon Sword men for their Military Service and was reâ—uted an excellent and glorious Degree and a Noble Reward â—or Courageous Persons but â—f late being made more common and bestowed upon â—own Men contrary to the â—ature of the thing as Degrees â—n the University are sometimes â—estowed upon Sword men it â—s become of much less reputaâ—ion Yet amongst Gown men 〈◊〉 is given only to Lawyers and â—hysitians and not to Divines â—ho may as well become that Dignity and be Spiritual Knights as well as Spiritual Lords These are now made with no other Ceremony but kneeling down the King with a drawn Sword lightly toucheth them on the Shoulder after which heretofore the King said in French Sois Chevalier au nom de Dieu and then Avances Chevalier When a Knight is to suffeâ— death for any foul Crime hiâ— Military Girdle is first to be ungirt his Sword taken away hiâ— Spurs cut off with an Hatchetâ— his Gantlet pluckt off and hiâ— Coat of Arms reversed Next amongst the Loweâ— Nobility are Esquires so called from the French word Escuyers Scutigeri because they were wont to bear before the Prince in War or before the better sort of Nobility 〈◊〉 Shield or else perhaps because they bear a Coat of Arms as Ensigns of their descent and by our Lawyers are called Armigeri Of this Title are first all Vicounts eldest Sons and all Vicounts and Barons younger Sons and by the Common Law of England all the Sons of Earls Marquisses and Dukes are Esquires and no more Next are the Esquires of the Kings Body mentioned among the Officers of the Kings Court after these are reckoned Knights eldest Sons and their eldest Sons for ever then younger Sons of the elder Sons of Barons next Esquires created by the King by putting about their Necks a Collar of Esses and bestowing on them a pair of Silver Spurs Lastly any that are in superiour Publick Office for King or State are reputed Esquires or equal to Esquires as Justices of the Peace Mayors of Towns so Councellours at Law Batchelors of Divinity Law or Physick although none of them really are so In the last place among thâ— lower Nobility are accounted the Gentry of England that have no other Title but are descended of antient Families that have alwayes born a Coaâ— of Arms. This Kind of Honour is derived from the Germans to the rest of Christendome and was never known in any Countrey where the German Customs were unknown as in Asia Africa and America The Germans antiently warring oft amongst themselves painted their Scutcheons with the Picture of some Beast Bird or other thing for distinction and put some eminent and visible Mark upon the Crest of their Helmets and this Ornament both of Arms and Crest descended by inheritance to their Children to the eldest pure and to the rest with some note of distinction such as the Old Master of Ceremonies in High Dutch Here-alt now Herald thought fit Gentlemen well descended and well qualified have alwayes been of such repute in England that none of the higher Nobility no nor the King himself have thought it unfitting to make them sometimes their Companions The Title of Gentleman in England as of Cavalier in France Italy and Spain is not disdained by any Nobleman All Noblemen are Gentlemen though all Gentlemen are not Noblemen The State of Gentry was antiently such that it was accounted an abasing of Gentry to put their Sons to get their Living by Shop-keeping and our Law did account it a disparagement of a Ward in Chivalry to be married to a Shop-keepers Daughter or to any meer Citizen for Tradesmen in all Ages and Nations have been reputed ignoble in regard of the doubleness of their Tongue without which they cannot grow rich for Nihil proficiunt nisi admodum mentiuntur as Tully observed and therefore amongst the Thebans no man was admitted to places of Honour or Trust unless he had left off trading ten years before So by the Imperial Laws a Tradesman is not capable of any
to E. Chamberlayn she writes her self Susanna Clifford Chamberlayn Notwithstanding all which their condition de facto is the best in the World for such is the good nature of Englishmen towards their Wives such is their tenderness and respect giving them the uppermost place at Table and elsewhere the right hand every where and putting them upon no drudgery and hardship that if there were a Bridge over into England as aforesaid it is thought all the Women in Europe would run thither Besides in some things the Laws of England are above other Nations so favourable to that Sex as if the Women had voted at the making of them If a Wife bring forth a Child during her Husbands absence though it be for some years within England and not beyond the Seas that Husband must father that Child If a Wife bring forth a Child begotten by any other before Marriage yet the present Husband must own the Child and that Child shall be his Heir at Law The Wife after her Husbands death may challenge the third part of his yearly Rents of Lands during her life and within the City of London a third part of all her Husbands moveables for ever As the Wife doth participate of her Husband Name so likewise of his Condition If he be a Duke she is a Dutchess if he be a night she is a Lady if he be an Alien made a Denison she is ipso facto so too If a Freeman marry a Bondwoman she is also free during the Coverture wherefore it is said as before Uocor fulget radiis Mariti All Women in England are comprised under Noble or Ignoble Noble Women are so three manner of wayes viz. by Creation by Descent and by Marriage The King the Fountain of Honour may and oft hath created Women to be Baronesses Countesses Dutchesses c. By Descent such Women are Noble to whom Lands holden by such Dignity do descend aâ— Heir for Dignities and Titles of Honour for want of Males descend to Females but to one of them onely because they are things in their own nature entire and not to be divided amongst many as the Lands and Tenements are which descend to all the Daughters equally besides by dividing Dignities the Reputation of Honour would be lost and the Strength of the Realm impaired for the Honour and Chevalry of the Realm doth chiefly consist in the Nobility thereof By Marriage all Women are Noble who take to their Husbands any Baron or Peer of the Realm but if afterwards they 〈◊〉 to Men not Noble they 〈◊〉 their former Dignity and follow the condition of their laâ—â— Husband for eodem modo distolvitur earum Nobilitas quo constituitur But Women Noble by Creation or Descent or Birthright remain Noble though they marry Husbands under their Degree for such Nobility is accounted Character indelebilis Here note that by the Courtesie of England a Woman Noble only by Marriage alwayes retaineth her Nobility but if the Kings Daughter marry a Duke or an Earl illa semper dicitur Regalis as well by Law as Courtesie Noble women in the Eye of the Law are as Peers of the Realm and are to be tried by their Peers and to enjoy most other Priviledges Honour and Respect as their Husbands Only they cannot by the opinion of some great Lawyers maintain an Action upon the Statute De Scandalo Magnatum the Makers of that Statute meaning only to provide in that Case for the Great Men and not for the Women as the words of that Statute seem to import Likewise if any of the Kings Servants within his Check Roll should conspice the death of any Noblewoman this were not Felony as it is if like Conspiracy be against a Nobleman None of the Wives Dignities can come by Marriage to their Husbands although all their Goods and Chattels do onely the Wives Lands are to descend to her next Heir yet is the Courtesie of England such that as the Wife for her Dower hath the third part of her Husbands Lands during her life so the Husband for the Dignity of his Sex and for playing the Man in begetting his Wife with Child which must appear by being born alive shall have all his Wives Lands for his Dower if it may be so called during his life By the Constitutions of England married persons are so fast joyned that they may not be wholly separated by any agreement between themselves but only by Sentence of the Judge and such separation is either a Vinculo Matrimonii and that is ob praecontractum vel ob contractum per metum effectum vel ob frigiditatem vel ob affinitatem sive Censanguinitatem vel ob Saevitiam or else such separation is a Mensa Thoro and that is ob Adulterium The Wife in England is accounted so much one with her Husband that she caunot be produced as a witness for or against her Husband Concerning Children in England The Condition of Children in England is different from those in our Neighbour Countries As Husbands have a more absolute Authority over their Wives and their Estates so Fathers have a more absolute Authority over their Children Fathers may give all their Estates from their own Children and all to any one Child and none to the rest the consideration whereof keeps the Children in great awe Children by the Common Law of England are at certain ages enabled to perform certain Acts. A Son at the age of 14 may choose his Guardian may claim his Lands holden in Socage may consent to Marriage may by Will dispose of Goods and Chattels At the age of 15 he ought to be sworn to his Allegeance to the King At 21 he is said to be of full age may then make any Contracts may pass not only Goods but Lands by Will which in other Countries may not be done till the Annus consistentiae the age of 25 when the heat of youth is somewhat abated and they begin to be staied in mind as well as in growth A Daughter at 7 years is to have aid of her Fathers Tenants to marry her for at those years she may consent to Marriage though she may afterwards dissent At 9 she is dowable as if then or soon after she could virum sustinere and thereby Dotem promereri At 12 she is enabled to ratifie and confirm her former consent given to Matrimony and if at that age she dissent not she is bound for ever she may then make a Will of Goods and Chattels At 14 she may receive her Lands into her own hands and is then out of Wardship if she be 14 at the death of her Ancestor At 16 though at the death of her Ancestor she was under 14 she shall be out of Wardship because then she may take a Husband who may be able to perform Knights-service as well as hers At 21 she is enabled to contract or alienate her Lands by Will or otherwise The Eldest Son inherits all Lands and to the younger Children are disposed Goods and Chattels and commonly the Eldest Sons Wives Portion and besides they are carefully educated in some Profession or Trade If there be no Son the Lands as well as Goods are equally divided amongst the Daughters Concerning Servants in England The Condition of Servants in England is much more favourable than it was in our Ancestors dayes when it was so bad that England was called the Purgatory of Servants as it was and is still the Paradise of Wives and the Hell for Horses Ordinary Servants are hired commonly for one year at the end whereof they may be free giving warning 3 Moneths before and may place themselves with other Masters only it is accounted discourteous and unfriendly to take another Mans Servant before leave given by his former Master and indiscreet to take a Servant without a Certificate of his diligence and of his faithfulness in his Service to his former Master All Servants are subject to be corrected by their Masters and Mistresses and resistance in a Servant is punisht with severe penalty but for a Servant to take away the life of his or her Master or Mistris is accounted a Crime next to High Treason and called Petty Treason and hath a peculiar Punishment Capital Slaves in England are none since Christianity prevailed A Slave brought into England is upon landing ipso facto free from Slavery but not from ordinary service Some Lands in England are holden in Villanage to do some particular Services to the Lord of the Mannor and such Tenants may be called the Lords Servants There is a Twofold Tenure called Villanage one where the Tenure only is servile as to plow the Lords ground sow reap and bring home his Corn dung his Land c. the other whereby both Person and Tenure is servile and bound in all respects at the disposition of the Lord such persons are called in Law pure Villans and are to do all Villanous Services to improve the Land he holds to the Lords use themselves to be wholly at the Lords Service and whatever they get is for their Lord of such there are now but few left in England The nearest to this condition are Apprentices that signifies Learuers a sort of Servants that carry the Marks of pure Villans or Bond-slaves as before in the Chapter of Gentry is intimated differing however in this that Apprentices are Slaves only for a time and by Covenant the other are so at the Will of their Masters FINIS Name Climat Dimensions Aire Soyle Comâ—odities Inhabitants Their Language Stature Dyet Attire Buildings Number of Inhabitants Dispositions and humours of the Inhabitants Recreations Weights and Measures Measures Moneys English Coâ—â—â—tation English Numbring English Names Surnamesâ— Name Title Arms. Patrimony Dominions Person Office Power and Prerogative Supremacy and Soveraignty Divinity Respect Minor â—capaâ—ty Absence â—â—me â—erogaâ—es Dignity Eldest Son Title Arms. Dignity Priviledges Revenues Cadets Name Surname Genealogy Birth Baptisme Court Education Marriage Arms. Lord Chancellour Dignity Office Oath Salary Lord Treasurer Oath Office Lord Privy Seal Dignity Admiral Office Chamberlain Constable Earl Marshal High Steward Clergy their Dignity Name Degrees Bishop Archbishop Suffragan Bishop Dean Archdeacon Priviledges of the Clergy Archbishop Canterbury York don Revenues of the Clergy Name Use Degrees Duke Marquisâ— Earl Vicount Baron Priviledges Precedence State Marquiss Earl Vicount Baron Number Revenue Baronets Knights Knights of the Garter Knights Bannerets Knights of the Bath Knights Bachelors Gentleman