extraordinary great He only hath the patronage of all Bishopricks none can be chosen but by his Conge d'Esâ—ire whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal Cares as in the Three and twentieth year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and with the advice and consent thereof to make Canons Orders Ordinances and Consâ—itutions to introduce into the Church what Ceremonies he shall think sit to reâ—orm and correct all Heresies Schisms and pâ—nish Contempts c The King hath power not only to unite consolidate separate inlarge or contract the limits of any old Bishoprick or other Ecclesiastical Benefice But also by his Letters Patents may erect new Bishopricks as Henry the Eighth did Six at one time and the late King Charles the Martyr intended to do at St. Albans for the Honour of the first Martyr of England and for the contracting the too large extent of the Bishoprick of Lincoln In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non-Residency c. The Queen being much incensed forbade them to meddle in any Ecclesiastical Affairs for that it belonged to her prerogative His Majesty hath also power of Coynage of Money of pardoning all Criminals of dispensing with all Statutes made by him or his Predecessors which are Malum prohibitum and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Statute doth prohibit a man to coyn Money if he do he shall be hanged this is Malum prohibitum for before the said Statute it was lawful but not after and for this Evil the King may dispense But Malum in se neither the King nor any other can dispense with As if the King would give leave to rob on the High-ways c. this is void yet after the Fact done the King may pardon it So it is in Ecclesiastical Laws for conformity to the Liturgy c. which are Malum prohibitum and the King may by his Prerogative Royal as well dispense with all those penal Statutes as with Merchants to transport Silver Wooll and other prohibited Commodities by Act of Parliament The King cannot devest himself or his Successors of any part of his Royal Power Prerogative and Authority inherent and annext to the Crown nor bar his Heir of the Succession no not by Act of Parliament for such an Act is void by Law These Prerogatives do of right belong to the Crown of England which I have collected out of the most Authentick Modern Authors And to compleat this Chapter I shall proceed to his Superiority and Precedency The King of England acknowledgeth no Superior but God alone not the Emperor Omnem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio yet he giveth Precedency to the Emperor Eo quod antiquitate Imperium omnia regna superare creditur Touching our King's Supremacy before any other these Reasons are offered First Lucius King of this Land was the first Christian King in the World as also Constantine our Country-man the first Emperor that publickly planted Christianity Secondly The King of England is anoynted as no other King is but France Sicily and Ierusalem Thirdly He is crowned which honour the Kings of Spain Portugal Navarr and divers other Princes have not The honour of Precedency amongst Christian Kings is often disputed by their Ambassadors and Commissioners representative at General Councils Diets publick Treaties and other Honourable Assemblies at Coronations Congratulations in Foreign Countries c. which by the best Information I can get is thus stated As to England next to the Imperial Ministers the French take place as being the largest Realm in Christendom and most Noble since Charles le mayne their King obtained the Imperial Diadem the second place in the Western Empire was undisputably the right of our English Kings so enjoyed for hundreds of years 'till Spain grown rich and proud by the addition of the Indies claimed the priority yet could not gain it till their Charles the Fifth was Elected Emperor but after his Resignation the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Philip the Third King of Spain at â—oloign in France Anno 1600. Our Ambassadors were Sir Henry Nevil Iohn Harbert and Thomas Edmonds Esquires and for Spain Balthazer de Coniga Ferdinando Carillo Io. Ricardett and Lewis Varreyken The English challenged precedency as due to them before the Emperor Charles his time as doth appear by Volatteram in the time of our Henry the Seventh when the like difference being in question 't was joyntly referred to the Pope who adjudged to England the most Honourable place But the Spaniards refusing to stand to that old Award or to admit of an equality the Treaty of Peace broke up neither hath any certain Resolution been hitherto taken in the matter as ever I heard of OF THE PRINCE CHAP. III. THE King 's Eldest Son and Heir apparent from the Day of his Birth is entituled Prince of the Latin word quasi Principalis post Regem The first that we read of in England was Edward eldest Son to King Henry the Third since which time the eldest Son of the King hath been by Patent and other Ceremonies created Prince of Wales and Earl of Chester and Flint By Patent also Edward the Third in the Eleventh year of his Reign added the Dukedom of Cornwal to the Principality of Wales and Anno Regni 36. he makes his eldest Son Edward the Black Prince Prince of Aquitain for which he did Fealty and Homage at Westminster Sed tamen Principatum Walliae Ducatum Cornubiae Comitatum Cestriae Cantii non reliquit Walsing fol. 172. Since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but ordinarily Prince of Wales As eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth And so long as Normandy remained in the possession of the English he had always the style of Duke of Normandy At his Creation he is presented before the King in Princely Robes who putteth a Coronet upon his Head a Ring on his middle Finger a Verge of Gold in his Hand and his Letters Patents after they are reaâ— His Mantle which he wears in â—arliament is once more doubled upon the shoâ—â—â—â—rs than a Dukes his Cap of State indenteâ—â—nd his Coronet formerly of Crosses and Flower de lis mixed But since the happy Restauration of his Majesty it was solemnly ordered that the Son and Heir apparent
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
and twenty Burgesses for Common-Councel a Recorder c. sâ—nds Burgesses to Parliament The Arms born by this Town is a Castle triple-towred having on the dexter side the Sun in its glory and on the sinister a Crescent on the top of the two fronting Towers stand two Watchmen with this Inscription upon the Ring of the Seal Sigillum Ballivi Burgensium Warwici And notwithstanding this fatal overthrow â—o much of the Town was continued till the Reign of Richard the Second who began in 1377 that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Burgage which amounts to two thousand two hundred Burgages besides other Houses But in 1388. as appears by Records die Martis in festo Sancti Stephani Martyris which was about the eleventh of Richard the Second it was so burn'd down and wasted by the Scots that of that Rent upon several Inquisitions found and returned there remained to the King only two Marks per Annum so that nine parts in ten were utterly destroy'd But notwithstanding this great devastation that was never repaired it doth still retain its ancient Priviledges which are in every respect the same with York as appears from the confirmation of Henry the Third in whose time here was an Exchequer called by the Name of Scaccarium de Appleby and King Iohn â—s Charter which I have seen wherein is expressed and firmly commanded That his Burgers of Appleby shall have and enjoy all the Liberties and free Customes which his Burgers of York have well and peaceably freely and quietly fully wholly and honourably with a Prohibition That none shall attempt to disturb them thereof And also That they shall be free from Toll Stallage Pontage and Lestage all England over praeterquam in Civitate London nisi forte Cives Eobor ' quietantias inde habent libertates suas in Civitate London which exception doth very much confirm and strengthen their Priviledges to them The Corporation consists at present of a Mayor with two Bailiffs a Court of Aldermen twelve in number a Recorder Common-Councel and Serjeants at Mace with their Attendants And if the Town were able to bear it might take the same Priviledges with York in every thing according to their Charter which has been confirmed by all the succeeding Kings of England and if any would know what those Priviledges are more particularly I referr him to York where he may possibly meet with satisfaction In the mean time take these which are now in practice at Appleby viz. They have power to Arrest for any Sum without limitation To elect and send two Burgesses to Parliament To acknowledge Statute-Merchant before the Mayor To take Toll both in Fairs and Markets To seize Felons goods Felones de se Waifes Strayes Forfeitures and Escheats all which do belong to the Mayor for the time being who takes place of the Judges of Assize as the Lord Mayor of York is wont to do Their Aldermen are some of them Gentlemen of the Country for the greater honour and credit of the Town who in time of their Majoralty have their Propraetors or Deputies there The present Mayor and Aldermen for the present year are Iohn Thwaites Esquire Mayor Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return and tore in pieces Oliver's Charter in open Court before he would accept of that Office which he had declined all Oliver's time Richard Brathwate of Warcop Esq and Justice of Peace who contested with the Judges and took place of them Virtute Chartae Robert Hilton of Morton Esquire Justice Jf Peace Edward Musgrave of Askeby Esq oustice of Peace Thomas Warcop of Colby Gentleman Iohn Routlidge of 〈…〉 Gent. Alderman Leonard Smyth Alderman William Smyth Alderman Robert Harrison Alderman Iohn Lawson Alderman Thomas Robinson Alderman Iohn Atkinson which six last are all of Appleby Appleby was very eminent for its Loyalty in the late Civil Warrs and most of the Aldermen except those whom Oliver Cromwell obtruded upon them suffered many imprisonments during his Tyranny and so likewise did most of the Gentry round about for it is the glory of the County of Westmerland that there was not one Person of quality in it who took up Arms against his King and but two or three in Cumberland A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility FIRST PART HONOVR MILITARY OF Warr and the causes thereof fol. 3 Of Souldiers 4 Of Embassadors or Legats 5 Of Warr and the inclination of the English to it ibid. Of Captains Generals Marshals and other chief Commanders 7 SECOND PART HONOVR CIVIL CHap. I. Of Honour general and particular 11 Of Gentry and bearing of Arms 12 Principles of Honour and Vertue that every Gentleman ought to be endowed with 13 Of precedency ibid. Chap. II. Of the King or Monarch of Great Britain 19 Chap. III. Of the Prince 24 Chap. IV. Of Dukes 32 The form of a Patent of the Duke of York temp Jacobi 33 Ceremonies to be observed in the Creation of a Duke 36 Chap. V. Of Marquisses 37 Chap. VI. Of Earls 39 Chap. VII Of Viscounts 44 Chap. VIII Of Lords Spiritual 45 Chap. IX Of Barons 48 The definition of a Baron ibid. The Etymology of the name of a Baron ibid. The antiquity and dignity of Barons and the sundry uses of the Name 49 The tenor and proper signification of the word Baron ibid. Chap. X. Barons of Tenure 50 Chap. XI Barons by Writ 52 Chap. XII Barons by Patent 56 Chap. XIII Priviledges incident to the Nobility according to the Laws of England 59 Certain Cases wherein a Lord of the Parliament hath no priviledge 65 Chap. XIV Nobility and Lords in reputation only 68 Chap. XV. Of the Queen Consort and of Noble Women 69 70 Ladies in reputation 75 Chap. XVI Of Knighthood in general 77 Chap. XVII Knights of the Garter 79 Chap. XVIII Of Knights Bannerets 84 Chap. XIX Of Baronets 85 The president of the Patent of Creation of Baronets 88 The Catalogue of the Baronets of England according to their Creations 91 Chap. XX. Knights of the Bath 105 A Catalogue of the Knights of the Bath made at the Coronation of King Charles II. 107 Chap. XXI Of Knights Batchelors 108 Observations concerning Knights Batchelors 116 Of degrading of Knights 117 Chap. XXII Knights of the round Table 118 Chap. XXIII Knights of the Thistle or of St. Andrew 120 Chap. XXIV Orders of Knighthood in Palestine and other parts of Asia 121 Knights of the holy Sepulchre in Jerusalem ib. Knights Hospitalers of St. John Baptist in Jerusalem now called Knights of Malta 122 Knights Templars ibid. Knights of St. Lazarus 123 Knights of St. Bass ibid. Knights of St. Katherine at Mount Sinai ibid. Knights of the Martyrs in Palestine ibid. Orders of Knighthood in Spain Knights of the Oak in Navar 124 Knights of the Lily in Navar ibid. Knights of the Band 125 Knights of
Realm to do Justice shew Mercy keep Peace and Unity c. The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations by the Common Law of England or by Statutes The Regalia were anciently called Sacra Sacrorum as his Lands are called in Law Patrimoniâ—â— Sâ—câ—â—â— now commonly Royal Prerogaâ—ives The King being Principium Capâ—â— â—inis Parliâ—menti may of his meer will and pleasure Convoke Adjourn Remove and Dissolve Parliaments He may to any Bill that is passed by both Houses of Parliament refuse to give his Royal Assent without rendring a Reason and without his Assent a Bill is as a â—ody without a Soul He may at his pleasure encrease the number of the Members of both Houses by creating more Peers of the Realm and besâ—owing priviledges upon any other Towns to send Burgelles by Writ to Parliament and he may refuse to send his Writ to some others that have sate in former Parliaments He hath alone the choice and nomination of all Commanders and Officers for Land and Sea-service the choice and election of all Magistrates Counsellors and Officers of State of all Bishops and other Ecclesiastick Dignities also the bestowing and conferring of Honours and the power of determining Rewards and Punishments By Letters Patent his Majesty may erect new Counties Universities Bishopricks Cities Boroughs Colledges Hospitals Schools Fairs Markets Courts of Judicature Forests Chases Free Warrens c. The King by his Prerogative hath power to enfranchise an Alien and make him a Denison whereby he is enabled to purchase Lands and Houses and to bear Offices He hath the power to grant Letters of Mart or Reprisal to grant safe Conducts c. He hath at all times had the right of Purveyance or Preemption of all sorts of Victuals within the Verge viz. Twelve miles round of the Court and to take Horses Carts Ships or Boats for the Carriage of his Goods at reasonable rates Also by Proclamation to set reasonable rates and prices upon Flesh Fish Fowl Oats Hay c. sold within the limits of the Verge of the Court in the time of his Progress Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and until the King's Debts be satisfied he may protect the Debtor from the Arrest of other Creditors He may disâ—rein for the whole Rent upon one Tenant that holdeth not the whole Land He may require the Ancestors Debt of the Heir though not especially bound He is not obliged to demand his Rent according to the Custome of Landlords He may distrein where he pleaseth and sue in any of his Courts No Proclamation can be made but by the King No protection for a Defendant to obstruct the course of the Law against him if he be not one of his Majesties Menial Servants In case of loss by Fire or otherwise his Majesty granteth Patents to receive the Charitable Benevolences of the people No Forest Chase or Park to be made nor Castle Fort or Tower to be built without his Majesties especial Licence Where the King hath granted a Fair with Toll to be paid yet his Goods shall be there exempted from the said Duties of Toll His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance as Sheriff Constable Church-warden or the like All Receivers of Money for the King or Accomptants to him for any of his Revenues their Persons Lands Goods Heirs Executors and Administrators are at all times chargeable for the same for Nullum tempus occurrit Regi His Debtor hath a kind of Prerogative Remedy by a Quo minus in the Exchequer against all other Debtors or against whom they have any cause of personal Action supposing that he is thereby disabled to pay the King and in this Suit the King's Debtor being Plaintiff hath some priviledges above others In doubtful Cases semper praesumitur pro Rege no Statute restraineth the King except he be especially named therein The quality of his Person alters the descent of Gavelkind the Rules of joynt Tenancy No Estoppel can bind him nor Judgment final in a Writ of Right Judgments entred against the King's Title are entred with Salvo Iure Domini Regis That if at any time the King's Counsel at Law can make out his Title better that Jugment shall not prejudice him which is not permitted the Subject The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years and to marry his eldest Daughter at the Age of Seven years which Ayd is 20 s. for every Knights Fee and as much for every 20 l. per annum in Soccage Moreover if the King be taken prisoner Ayd-money is to be paid by the Subjects for his Redemption The King upon reasonable Causes him thereunto moving may protect any of his Subjects from Suits of Law c. In all Cases where the King is party his Officers with an Arrest by force of a Process at Law may enter and if any entrance be denied may break open the House of any man by force A Benefice or Spiritual Living is not full against the King by Institution only without Induction although it be so against a Subject None but the King can hold Plea of false Judgments in the Courts of his Tenants The King by his Prerogative is Summus Regui Custos and hath the Custody of the Persons and Estates of such as for want of understanding cannot govern themselves or serve the King that of Ideots to his own use and that of Lunaticks to the use of the next Heir So the Custody or Wardships of all such Infants whose Ancestors held their Lands by Tenure in Capite or Knights Service were ever since the Conquest in the King to the great honour and benefit of the King and Kingdom But abuses which too often happened made the people complain thereof which was the cause of its laying aside His Majesty is Vlâ—imus Haeres Regni and is as the great Ocean is of small Rivers the Receptacle of all Estates for want of Heirs or by Forfeiture Revert or Escheat to the King All Spiritual Benefices for want of presentation in due time by the Bishop are elapsed to the King All Treasure Trove that is Money or Gold and Silver plate or Bullion found and the owners unknown belongs to the King So doth all Waifs Strays Wrecks not granted away by him or any former Kings All waste Ground or Land recovered from the Sea All Lands of Aliens dying before Naturalization or Denization and all other things whereof the property is not known All Gold and Silver Mines in whose Ground soever they are found Royal Fish as Whales Sturgeons Dolphins c. Royal Fowl as Swans not mark't and swimming at Liberty on the River belong to the King In the Church the King's prerogative and power is
Office of a King to fight the Battels of his people and rightly to judge them 1 Kings 8. And the Prophet David saith Be ye learned you that judge the Earth Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country which they in due time inherit they shall be much the more enabled to govern their Subjects and it is a point of Wisdom in such to acknowledge that Rex datur propter Regnum non Regnum propter Regem And to move the Princes to these things there is an excellent Book Dialogue-wise between a Prince a King's Son of this Realm and Sir Iohn Fortescue a Judge entituled De laudibus Legum Angliae Many that have been Heirs apparent to the Crown of England ever since the Norman Conquest have been taken away either by their natural deaths or by violence during the life of their Ancestors so that they have not attained to the Crown William the only Son of Henry the First was drowned in his passage from Normandy his Father reigning Eustace King Stephen's only Son died mad to the great grief of the King his Father William the eldest Son of King Henry the Second died in the Fourth year of his Age and in the Third year of his Fathers Reign King Henry the Second's Son called Curt-Mantel was in his Father's life time crowned King by the Name of King Henry the younger but died in the life time of his Father Geffrey the fourth Son of the said King died during the Reign of Richard Coeur de Leon his third Brother which King Richard had no Son and so Geffrey was Heir apparent to the Crown King Edward the First had Issue Iohn Henry and Alphons but all three died in their Childhood in their Father's life Edward the Black Prince of famous memory eldest Son to King Edward the Third died before his Father Richard the Third had Issue only one Son named Edward who died without Issue Arthur the eldest Son and Heir apparent to King Henry the Seventh died in the life time of his Father Henry Prince of Wales eldest Son to King Iames also left the World before his Father These Examples may serve as a Mirror for all succeeding Princes and others to see how transitory the Glory of this World is whereof the saying of the Princely Prophet David may never be out of remembrance Psal. 82. I have said ye are Gods and ye are all the Children of the most High but ye shall die like men and ye Princes like others Also divers other Heirs apparent and those that have been in possession of their Crowns have been defeated by Usurpers And namely Robert Duke of Normandy eldest Son to William the Conqueror was defeated of his Birth-right by his two younger Brethren William Rufus and Henry successively one after another and after Six and twenty years Imprisonment having both his Eyes put out died in the Reign of his Brother Henry Maud the sole Daughter of the said King Henry was defeated of her Birth-right to the Crown by Stephen the Son of her Fathers Sister Arthur the only Son and Heir of Geffrey the fourth Son to Henry the Second was next Heir to the Crown after the death of his Uncle Richard the first King of that Name who died without Issue his Father being dead before but his Uncle Iohn Son to the said Henry the Second defeated him not only of his right to the Kingdom but also of his Life and that by starving him King Edward the Second was deposed by his eldest Son who in the life time of his Father took upon him to be the King of England Richard the only Son to Edward the black Prince and next Heir to the Crown after the death of his Grandfather King Edward the Third was defeated both of his Crown and Life by Henry of Lancaster Son to Iohn of Gaunt who was but the fourth Son of King Edward the Third yea although Lionel the third Son of the said King Edward had Issue Philip his only Daughter who by consequence was next to the Crown before the Issue of Iohn of Gaunt which Philip was married to Edward Mortimer Earl of March from whom the House of York by the name of Edward the Fourth are lineally descended For William of Hatfield second Son to King Edward the Third died young without Issue King Henry the Sixth having but one Son named Edward he was slain in the life time of his Father and the King himself deposed by Edward the Fourth and murthered in the Tower So the Act of Parliament made between them for an indented Peace exemplified in our Books of Law Edward and Richard the two only Sons to Edward the Fourth after the descent of the Crown and before the Coronation of Prince Edward were both of them murthered in the Tower by their Uncle Richard Duke of Glocester who thereupon took upon him the Crown although there were remaining alive divers Daughters of the late King Edward the Fourth During these troublesome and tragical times each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament intending utterly to disable them and make them to be incapable by the Law of the Crown And it is a matter worthy of Observation how the Hand of God did not forget to pursue Revenge in these Cases for William Rufus died without Issue Henry his Brother had a Son and one Daughter but his Son died an Infant and his only Daughter Maud was defeated of her Birthright by Stephen King Iohn who defeated Arthur his Nephew of his Birthright and Life lived in continual Wars never enjoyed Peace but was driven to submit himself and subject his Kingdom to the Pope In his time Normandy which King William the First brought with him and which in five Descents continued in actual Obedience of the Kings of England was in the sixth year of his Reign lost until King Henry the Fifth recovered it again and left it to King Henry the Sixth who again lost it in the Eight and twentieth year of his Reign as doth appear both in our Chronicles and in our Books of Law Concerning the violence done to King Henry the Second albeit Edward his Son enjoyed a long and prosperous Reign yet his Successor King Richard was in the like violent manner imprisoned deprived and put to death King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by the means of Wars in France the humour against him was otherwise imployed But his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Eward died not without suspicion of poyson and after his death his two Sons were likewise
Hen. 1. fol. 3. and so doth Vlpian the Civilian determine And this is one of the three Reasons alledged wherefore by the policy of our Law the King is a Body Politick thereby to avoid the attainder of him that had right to the Crown Coke's seventh part 12. a. lest in the interim there should be an interregnum which the Law will not suffer because of the manifold Incumbrances thereof For it hath been clearly resolved by all the Judges of the Land That presently by the descent of the Crown the next Heir is compleatly and absolutely King without any essential Ceremony or Act to be done ex postfacto And that Coronation is but a Royal Ornament and outward Solemnization of the Descent And this appeareth evidently by abundance of Presidents and Book-Cases Let us take one or two Examples in a Case so clear for all King Henry the Sixth was not crowned till the Eighth year of his Reign and yet divers men before his Coronation were attainted of Treason Felony and the like Crimes and he was as absolute and compleat a King for matters of Judicature Grants c. before his Coronation as he was after Queen Mary reigned three moneths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for Treason which they had committed before she was Queen And upon this reason there is a Maxim in the Common Law Rex nunquam moritur in respect of his ever living and never dying politique capacity In France also the same Custome hath been observed and for more assurance it was expresly enacted under Charles the Fifth That after the death of any King his eldest Son should immediately succeed for which cause the Parliament Court of Paris doth accompany the Funeral Obsequies of those that have been their Kings not in mourning attire but in Scarlet the true Ensign of the never dying Majesty of the Crown Nevertheless certain Cities in France not long since alledged for themselves that because they had not reputed Henry the Fourth for their King and professed Allegiance unto him they were not to be adjudged Rebels Whereupon the chief Lawyers of our Age did resolve That forasmuch as they were original Subjects even Subjects by Birth they were Rebels in bearing Arms against their King although they had never professed Allegiance unto him To conclude this Chapter I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales which began on the Thirtieth of May 1610. as followeth The Prince accompanied with divers young Noblemen together with his own Servants rode from his Court at St. Iames's to Richmond where he reposed that night on the next day the Lord Mayor Aldermen with the several Companies in their Barges attended his Highness about Barn Elmes where he was entertained with a Banquet and in other places with Speeches by a Neptune upon a Dolphin and a Sea Goddess upon a Whale c. His Highness landing at Whitehall was received by the Officers of his Majesties Houshold according to order viz. by the Knight Marshal and the Serjeant Porter In the Hall by the Treasurer and Comptroller of the Houshold in the great Chamber by the Captain of the Guard and in the presence Chamber by the Lord Chamberlain from whence he went into the Privy Chamber where the King and Queen met him the Saturday after was taken up with the usual Ceremonies of making Knights of the Bath to attend his Highness at his Creation which were Five and twenty in number Upon Monday following these Knights of the Bath met in the Queens Closet where they put on long Purple Satten Robes lined with white Taffata and a Hood like a Batchelor of Law about their Necks and in a Barge prepared for them went before the Prince to Westminster Palace where his Highness landed and proceeded to his Creation thus First the Heralds Next the Knights of the Bath Then the Lords that were imployed in several Services Garter King at Arms bearing the Letters Patents The Earl of Sussex the Robes of Purple Velvet The Earl of Huntington the Train The Earl of Cumberland the Sword The Earl of Rutland the Ring The Earl of Derby the Rod. The Earl of Shrewsbury the Cap and Coronet The Earl of Nottingham and Privy Seal supported his Highness being in his Surcoat only and bareheaded to the Parliament Chamber The King was already set with all the Lords Spiritual and Temporal in their Robes of State all the Knights and Burgesses of the lower House present as also the Foreign Ambassadors the great Ladies of the Realm and the Lord Mayor and Aldermen of London seated upon Scaffolds The Procession entring in manner aforesaid made three several low Reverencies to his Majesty and when they came to the Throne Garter King at Arms kist the Letters Patents and gave them to the Lord Chamberlain who presented them to the King who delivered them to the Earl of Salisbury Principal Secretary of State who read them the Prince kneeling all the while before the King and at the words accustomed the King put on the Robe the Sword the Cap and Coronet the Rod and the Ring The Patent being read the King kist him on the Cheek and the Earl Marshal with the Lord Chamberlain placed him in his Parliament Seat viz. on the left hand of the King which Ceremony being ended they returned to the Palace Bridge in manner as followeth First the Masters of the Chancery the King's Council and others then the Officers of Arms the Knights of the Bath next twenty Trumpets before them then the Judges and after them all the Members of Parliament in order the Barons Viscounts Earls and Marquisses having Coronets on their Heads then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor then Garter next before the Sword and then the Prince and King They took Barge at the Palace Stairs and landed at Whitehall Bridge where the Officers at Arms the Members of Parliament and the Lords being first landed attended the King and Prince and went before into the Hall and so into his Majestie 's Presence Chamber whence the Prince descended again into the Hall to Dinner himself seated at the upper end of a Table accompanied with the Lords that attended him at his Creation who sate on both sides of the Table with him At another Table on the left hand sate the Knights of the Bath in their Robes along one side attended by the King's Servants At the second Course Garter with the Heralds came to the Prince's Table and after due reverence proclaimed the King's Style with three Largesses viz. King of England Scotland France and Ireland Defender of the Faith c. And then proclaimed the Prince's Titles viz. Prince of Wales Duke of Cornwall and Rothsay Earl of Rothsay Earl of Chester and Knight of the Garter with two Largesses Then with Feasting Masques and all sort of Courtly Gallantry that joyful
it doth appear By which Statute three things were ordained First The County Palatine of Lancaster was again established Secondly He did invest it in the Body Politick of the King 's of this Realm And thirdly He did divide it from the order of the Crown Land And in this form it continued until Henry the Seventh who forthwith being descended from the House of Lancaster did separate it only in Order and Government from the Crown and so it continueth at this day Ceremonies to be observed in the Creation of a Duke AT the Creation of a Duke he must have on him his Surcoat and Hood and should be led between two Dukes if there be any present if not a Marquiss or two and for want of either an Earl somewhat before him on the right hand shall go on Earl which shall bear a Cap of Estate with the Coronet in it and on the other side shall also go an Earl which shall bear the Golden Rod and before the Duke that is to be created should go a Marquiss or one of the greatest Estate to bear the Sword and before him an Earl to bear the Mantle or Robe of Estate lying on his Arms. And all these Nobles that do Service must be in their Robes of Estate His Title is proclaimed twice and the Largess thrice The Effigies of the most Noble CHARLES PAULET MARQUESS of WINCHESTER EARLE of Wiltsh And BARON St. IOHN of Basing ct. R. White Sculp The most honble Charles Paulet Marâ—quess of Minchester Earle of Miltshire Baron St Iohn of Basing â— The most honble Henry Somersetâ— Marquess Earle of Worcestâ—â—â— Ld. Herâ—ert Baron of Chipstom Raglan Gomer Ld. President â— Ldâ— Leivtenant of Wales and the Marches L d Leivtenant of 〈◊〉 Countyes of Glocester Hereford Monmouth of the 〈◊〉 County of Bristoll Knight of the most noble order of the Gâ—â—teâ— one of the Lords of his matys most honble privy Councâ—llâ— The most hono rble Henry Rerrepont Marquâ—ss of Dorchester Earle of Kingston upon Hullâ— Viscount Nemarke Ld. Rerrepont Maunvers Herris one of the Lords of his matys most honorbleâ— Priuy Councel câ— OF MARQUISSES CHAP. V. A Marquiss which by the Saxons is called Marken-Reue and signifieth a Governor or Ruler of the Marches hath the next place of Honour to a Duke This Title came to us but of late days for the first was Robert Vere who was created Marquiss of Dublin by King Richard the Second and from that time it became to be a Title of Honour for in former time those that Governed the Marches were commonly called Lord Marchers and not Marquisses After the Normans had conquered this Land it was by them carefully observed as a matter of great moment to place upon the Confines and Borders of the Britains and those not then subdued men of much Valour such that were not only sufficient to encounter the Inrodes and Invasions of the Enemy but also ready upon all Occasions to make onset upon them for the enlarging their Conquest These men thus placed were of high Blood and Reputation amongst their Countrey-men the Normans and in whose Faith the Conqueror reposed special Trust and Confidence And therefore in their Territories given unto them to hold their Tenures were devised to be very special and of great importance and honour enriched with Name and Priviledges of Earl of Chester and so the North-border of Wales created to a County Palatine and the Barons of the middle part of the South Marches were adorned in a manner with a Palatine Jurisdiction having a Court of Chancery and Writs only amongst themselves pleadable to the intent that their Attendance might not thence be drawn for the prosecuting of Controversies or Quarrels in the Law And as for the other part of the South Marches they seemed to be sufficiently fenced with the River Severn and the Sea A Marquiss is created per gladii cincturam circuli aurei suo capiti positionem He is honoured with a Coronet of Gold which is part flowered and part pyramidal with the points and flowers or leaves of an equal height His Mantle is doubled Ermin which is of three doublings and an half whereas the Mantle of an Earl is but of three and the doublings of a Viscount's Mantle is but two and a half which are only plain white Furr without Ermins as are the Barons which are but of two doublings The form of their Patent which at their Creation is delivered into their hands was various but of late â—tis regulated to the method of those of other Degrees and the Ceremonies the same This Honour is hereditary and the eldest Son by the Courtesie of the Land is called Earl or Lord of a place and the younger Sons only Lord Iohn Lord Thomas or the like He hath the Title of most Noble most Honourable and Potent Prince and may have his Cloth of Estate reaching within a yard of the Ground the King or a Duke not being present and his Marchioness may have her Train born up by a Knight's Lady in her own House but not in a Dutchesses presence A Marquisses eldest Son is born an Earl and shall go as an Earl and have his Essay in an Earl's presence and wear as many powdrings as an Earl but shall give place to an Earl and his Wife shall go beneath a Countess and abovâ— all Marquisses Daughters who are born Ladies and the eldest a Countess but shall go beneath a Countess At the Creation of a Marquiss he must have on him his Surcoat and Hood and be led by a Duke or Marquiss the Sword and Cap to be born by Earls He must go after his Creation not after his Marquisite and the Marchioness his Wife according to the same The Effigies of the Right honble CHARLES BEAUCLAIRE Baron of Heddington Earle of BURFORD And of ye. Rt. honble IAMES Ld. BEAUCLAIRE Brother and heir to ye. Right honble Charles Earle of Burford The Rt. honble Aubrey Vere Earle of Oxfordâ— Baron Bulbeck Sandford Badlefinere Kt. of the Garter L Leiutenant wth his grace the Duke of â—â—â—â—marle of Essex one of his Maâ—ysâ— most Hon. privy Councell c a. The Right Honourable Charles Talbot Earle of Shrewsbury Baron Talbot Strange of Blackmere Gifford of Brimshelâ— Purnivullâ— Verdon Lovetoâ— The Right Honourable Anthony Grey Earle of Kent Baron Grey of Ruthin Hasting and Valance 〈◊〉 Right honble William Stanley Earleâ— of Derâ—â— Lord Stanley c Strange of Knocking Viscount Kintâ—â— Baron of Weâ—â—on L â— Mobâ—n Burnet Basset Lacy. L â— Leivtâ—nant of Lancâ—shire â— Cheshire and Admirall of the Seas theirâ— belonging Câ—amberlaine of Châ—ster â— L â— of Man as of the Isles c a. The Right honble Iohn Mannors Earle of Rutland Baron Ross of Hamlack Trushut and Belvior and Lord Leivetenant of Leicestershire The Right honble Theophilus Earle of Huntington L d Hastings of Hastings Hungerford Homet Botreaux Moules Moulins Peâ—erell
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
There is none of the Nobility but have sufficient Freehold which the Plaintiffs may extend for their payment or satisfaction But a Capias or Exigit lieth against a Knight for the Law hath not that Opinion of his Freehold And if any of the Nobility happen to be so wilful and not to appear the Court will compel the Sheriff to return great Issues against him and so at every default to encrease the issues as lately against the Earl of Lincoln hath been in practice By the ancient Laws of this Realm before the coming of William the Conqueror many good Laws were made for keeping the Peace and amongst others That all above the age of twelve years should be sworn to the King which we in remembrance thereof do keep at this day in the view of Frank Pledge or the Court Leet But Noblemen of all sorts are neither bound to attend the Court Leet nor to take the Oath as appeareth by Britan. c. 29. treating of the Court called the Sheriffs Tourn out of which the Leet to be extracted And agreeable thereunto is the Statute of Marlbridge cap. 10. See the Lord Chancellor's Speech in the case of Postnati fol. 78. If a Writ of Error be brought in Parliament upon a Judgment given in the King's Bench the Lords of the higher House alone without the Commons are to examine the Errors ibid. fol. 22. In the 11 th of Henry the Fourth fol. 26. in a Case concerning a Distress taken for Expences and Fees the Knights of the Parliament are not contributary for such Lands as are parcel of their ancient Lordships and Baronies but for other Lands they are But there is a Question made If one which is no Baron but ignoble do purchase any ancient Barony whether he shall be discharged of such Expences and Fees or not Which is not worthy the questioning For as Land holden by Villainous Service doth not make him a Villain or Bondman which being free doth purchase the same although by his Tenure he shall be bound to do such Villainous Service So on the other side Land that is holden by Barony doth not make the Villain or Ignoble which purchaseth the same to be Noble although the charge of such Tenure do lye upon him in respect of the Service of the Realm It is said in our Books That a day of Grace or by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action whereby a Nobleman is Defendant because thereby a Nobleman should be longer delayed than the ordinary course of the Court is and such a Lord is to have expedition of Justice in respect that he is to attend the person of the King and the Service of the Commonwealth But if there be no Noble person to the Suit the Judges do and may at their discretion upon a motion grant a day more of Grace otherwise than by the strict course of the Law the Plaintiff may challenge Cambden f. 169. writing upon this Subject saith Where a Nobleman is Demandant the Defendant may not be assoyned for the delay and cause aforesaid To which I could also subscribe but that the Book in the fifth of Hen. 4. 15. b. is otherwise adjudged There the King brought a Quare Impedit against a common person and the Defendant was essoyned by a Rule of Court If any Peer of the Realm be Plaintiff or Defendant in any Action real or personal a-against any other whereupon any Issue is to be tryed by a Jury the Sheriff must return one Knight at the least to be of the Inquest otherwise upon challenge made the whole pannel shall be quashed Which by order of the Law is appointed to be done for honour and reverence due to the person of that degree For when a Peer of the Realm is party it is otherwise than when the Suit is between private persons F. N. B. Title Challenge 115. 13. Edward the Third in a Quare Impedit against a Bishop adjudged But the Earl of Kent in the fourteenth year of the late Queen's Reign and the parties did plead to an Issue the Venire Facias is awarded which the Sheriff did return â—â—rved and a pannel returned accordingly in which is no Knight named The truth of which Case was that after the return made the Demand is published and demanded by the Queen and the Heralds to be Earl of Kent in right and discent although he had not been so reputed or named before and also after that time that is to say at the then last Parliament the Tenant is made a Baron by Writ of Parliament and then the Jury doth appear in the Court of Common Pleas and the Earl of Kent did challenge the Array because no Knight was returned but it was not allowed him by the Court for the admittance of both parties is to the contrary and no default can be laid to the Sheriff for he had no notice of the honourable Esâ—ate of either of the parties the Demandant not being then known or reputed to be an Earl by descent or of the Tenant then also being no Baron How much the Common Law hath always prohibited perpetuity in Lands and Tenements you may see in Corbet's Case in the first part of Coke's Book fol. 48. and in many other Cases in the rest of his Books As also Littleton fol. 145. saith it is a principle in the Law that every Land in Feesimple may be charged with a Rent But if the King's Majesty upon a Creation of any Peer of the Realm of what degree soever do as the manner is by Letters Patent give unto any such new created Nobleman an Annuity or Rent for the support of his degree which they call Creation-money this is so annexed to the dignity that by no Grant Assurance or any manner of Alienation it can be given from the Lord but is still incident and a support of the same Creation In all Cases wherein is any Suit a Baron or Peer of the Realm is to be amerced no less than five pounds but the amercement of a Duke is One hundred pounds Although the Statute of Magna Charta chap. 14. be in the Negative viz. Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti yet use hath reduced it into a certainty As also by the same Statute it appeareth that such Amercements should be assessed per pares suos but that it were troublesome to assemble Barons for so small a matter such Amercements in times past have been assessed by the Barons of the Exchequer who sometime were Barons of the Realm as is already taken notice of and so writeth Bracton lib. 3. tract cap. 1. fol. 116.8 Whereas by Statute 32 Hen. 8. cap. 16. it is enacted That the Subjects of this Realm shall not keep in their Houses or Families above the number of four Strangers born nevertheless by a Proviso in the same Act every Lord of the Parliament hath this
again into the Hall where he shall sit at Table with the Knights and being risen and retired into his Chamber his Attire is taken off and again clothed with a blew Robe having on his left Shoulder a Lace of white Silk hanging to be worn upon all his Garments from that day forwards till he have gained some Honour and Renown for some Feats of Arms or some Prince or Lady of Quality cut that Lace from his Shoulder After Dinner the Knights must come to the Knight and conduct him into the King's presence to return him thanks for these Honours and so takes his leave of the King and the Governours craving his pardon for any miscarriage and claiming their Fees according to the Custom of the Court also take their leaves of the Knight I shall conclude this Chapter with giving an Account of the Knights made at the Coronation of his Majesty Knights of the Bath made at the Coronation of his Majesty King CHARLES the Second EDward Lord Clinton now Earl of Lincoln Iohn Egerton Viscount Brackley eldest Son to the Earl of Bridgwater Sir Philip Herbert then second Son to the Earl of Pembroke Sir William Egerton second Son to the Earl of Bridgwater Sir Vere Fane second Son to the Earl of Westmoreland Sir Charles Berkley eldest Son to George Lord Berkley Sir Henry Bellasis eldest Son to the Lord Bellasis Sir Henry Hyde now Earl of Clarendon Sir Rowland Bellasis Brother to Viscount Faulconberg Sir Henry Capell Sir Iohn Vaughan now eldest Son to the Earl of Carbery Sir Charles Stanley Grandchild to the late Earl of Derby Sir Francis Fane Sir Henry Fane Grandchildren to the Earl of Westmoreland Sir William Portman Baronet Sir Richard Temple Baronet Sir William Ducy Baronet Sir Thomas Trevor Baronet Sir Iohn Scudamore Baronet Sir William Gardiner Baronet Sir Charles Cornwallis afterwards Lord Cornwallis Sir Iohn Nicholas Sir Iohn Monson Sir Bourcher VVray Sir Iohn Coventry Sir Edward Hungerford Sir Iohn Knevett Sir Philip Boteler Sir Adrian Scroop Sir Richard Knightley Sir Henry Heron. Sir Iohn Lewkenor Sir George Brown Sir William Tyrringhum Sir Francis Godolphin Sir Edward Baynton Sir Greville Verney Sir Edward Harley Sir Edward VValpool Sir Francis Popham Sir Edward VVise. Sir Christopher Calthrop Sir Richard Edgcombe Sir William Bromley Sir Thomas Bridges Sir Thomas Fanshaw Sir Iohn Denham Sir Nicholas Bacon Sir Iames Altham Sir Thomas VVendy Sir Iohn Bramston Sir George Freeman Sir Nicholas Slaning Sir Richard Ingoldsby Sir Iohn Rolle Sir Edward Heath Sir William Morley Sir Iohn Bennet Sir Hugh Smith Sir Simon Leech Sir Henry Chester Sir Robert Atkyns now one of the Justices of the Common Pleas. Sir Robert Gayre Sir Richard Powle Sir Hugh Ducy Sir Stephen Hales Sir Ralph Bash. Sir Thomas VVhitmore OF Knights Batchelors With what is incident to that Degree of KNIGHTHOOD According to the Laws of England CHAP. XXI THE particular kinds of Services by which Lands of Inheritance are distinguished are two viz. Knights of Service and Knights of Soccage And in ancient time Tenure by Knights Service was called Regale servitiâ—m because it was done to and for the King and Realm and forinsecum servitium as appeareth in the 19 Edw. 2. Avowry 224. 26. Ass. p. 66. 7. Hen. 4. 19. Coke's seventh Part 8. a. Calvin's case because they who hold by Escuage ought to do and perform their Services out of the Realm Litt. 35. ideo forinsecum dici potest sit quia capitur foris hujusmodi servitia persolvuntur ratione Tenementorum non Personarum And as Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad so Soccage-Tenure commandeth the attendance at the Plough the one by Manhood defending the King or his Lord's life and person the other by industry maintaining with Rents Corn and Victuals his Estate and Family For Kings did thus order their own Lands and Tenements one part they kept and detained in their own hands and in them stately Houses and Castles were erected and made for their habitations and defence of their Persons and of the Realm also Forests and Parks were there made for their Majesties Recreation One other part thereof was given to the Nobles and others of their Chivalry reserving Tenure by Knights Service The third part was bestowed upon men of meaner condition and quality with reservation of Soccage-Tenure And in this manner the Dukes and Nobles amongst their Menials and Followers dissipated a great part of their Lands viz. to their Gentlemen of quality to hold by Knights Service and to other of meaner condition by Soccage-Tenure The Right Honourable S. Ioseph Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State c a. The Honourable Sr. Robert Atkins of Totteridge in Hertford shire and of Sapperton in Glocester shire Knight of the Bath and one of his matys Iustices of the ComÌ„on pleas c a. Sr. Iohn Bennet of Dawly in Midd sx Kt. of the honble order of the Bath Leivtenant to his maties Band of Gentlemen Pentioners and eldest brother to the Rt. honble Henry Earle of Arlington who was first maried to Elizabeth Countess of Mulgrave daughter to the Earle of Midd sx and now to Bridget Howe of the Family of Sr. Grubham Howe Sr. Robert Southwell Knight one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell câ—t Sr. Hugh Wyndham of Silton in Dorsetshire Kt. one of the Iustices of his matys Court of Comon pleas at Westminster eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire Kt who was lineally descended from the antient Family of the Wyndhams of Felbrigg in Norfolk â—ownâ—r therâ—of Sr. Thomas Daniell of Beswick in the East Rideing of Yorkshire Kt. Major to his matys Regiment of Foot Guards and Captaine of his matys Archchiffe Fort in Dover Sr. Thomas Mompessonâ— antiently Montpintsonâ— of Bathampton in Wiltshire Knight a person of eminent Loyalty and suffering in the late trouble whose Family have been of greate antiquity in the said County Sr. Thomas Lynch of Great Sonkey in Lancashire Kt. one of the Gentlemen of his matyâ— privy Chamber in ordinary and late Governour of his Ma â—â—â— Island of Jamaica decended of the Lincâ—â—s of Groves in Kent and is now maried to Vere Herbert 2â— daughter of Sr. Edw Herbert sometyme Lord Keeper of the groâ—t seaâ—e Sr. William Pelham of Brocklesby in Lincolnshire Kt. whose Grandfatâ—er Sr. William Pelham of the said place Kt. who was descended of the antient family of the Pelhams of Langhtoniâ—â— sussex was employed under Queen Eliz in the offices of L d cheife Justice of Ireland Marshall of the English forces sentinto the Low Countrys Mastâ—â— of her ordnanceâ— and one of her privy Councell Sr Thomas Daviâ—s of the Citty of London Knight Ld. Maior thereof Anno 1677. Sr. William Prichard of the Citty of London Kt. and Alderman now maried to Sarah daughter of Francis
Gouernor of Plimouth who wa◠〈◊〉 of Honor to his maty in his exile now 〈◊〉 yeâ—â—oomes of 〈◊〉 Bedchamberâ— Captaine in his Foot Guards 〈◊〉 Mariet of Whitchurch in Warwickshire of 〈◊〉 Prâ—ston in Glocestershire Esq maried one of th◠〈◊〉 and hâ—yrâ—s of Sr. Richard Brawnâ— of 〈◊〉 in the said County of Glocester Knight Walter Chetwynd of Ingestre in ye. County of Stafford Esq Samuel Pepys of Brampton in Huntinâ—â—tonshire Esq Secretary of the Admiralty his maty King Charles the Second Descendeâ— of the antient family of Pepys of Cottenham in Cambridgâ—â— â—â—hn Georges of Bawton in Glocestershire Esq a member of the Honourable house of Comons for this present Parliament 1677 descended the antient and Worthy family of the Georges of Cicester in the said County Iohn Butler D. D. Chaplain in ordinary to his 〈◊〉 King Charles the 2d. and Canon of Windsor marâ—â— Susanna one of the daughters of Sr. Edward Thomas of Lamihangle in Glamorganshire Bart. â—â—ptaine Iohn Loggan of Idbury in Oxfordshirâ— and of Bassetsbury in Comâ— Bucks Maried Mary Sole Daughter and heire of Hugh Dâ—rrell of Millend in the said County of Buckinghaâ— Gent. Henry Pilkington of Stanton in the County of Derby Esqr. George Bowen Esqr. lineally descended from and present heire unto the antient family of the Bowens of Courthouse in the seigniory of Gower in Glomorganshire Henry Gilbert son and heyre of Henry Gilbert of Lockoe in Derbyshire Esqr. by Elizabeth daughter and Coeheyre of Sr. Iohn Barnard of Abington in Northamptonshire Knight Iohn Colwall of the Inner Temple London Esqr. Samuel Sanders son heyre apparent of Thomas Sanders of Ireton in Derbyshire Esqr. which maried Margaret daughter and Coeheyre of Evers Armyne of Osgodby in the County of Lincolne Esqr. Richard Goodlad of the Citty of London Esqr. Lewis Inkledon of Buckland in the Parish of Branton in the County of Devon Esqr. Thomas Rawlins of Langarran in the County of Hereford Esqr. Colonell Titus of Bushy in the County of Herâ—ford one of the Groomes of his matys Bedchamber c. Thoâ— Dereham Esq of the antient family of Dereham at Dereham in Norfolk Servant to his Majesty King Charles the 2d. Eâ—an Seqâ— of Boverton in the County of Glaâ—morgan sergeant at Law of which Coat and family see more in the body of the Booke Section 6. Chapter â— â—ndrew Lant of Thorp vnderwood alias Thorp Billâ—â— in Northamptonshire Esq son of Robert Lant of London Merchant by Elizabeth Daughter heyre of Rich Andrews of Thorp vnderwooâ—â—â—â—resaid Gent. which said Andrew Lant is now maried to Iudith◠〈◊〉 daughter of Will Vannam of London Esq Iohn Darnall of the Middle Temple London Esqr. now maried to Mary daughter of William Bacon of St. Clements Danes in Middlesex Esqr. Gabriel Armiger of North Creakâ— in the County of Norfolk and of the Inner Temple London Esq â— William Dutton Colt Esq r son of George Colt of Colt Hall in Suffolk Esq r by Elizabeth daughter and Coheyre of Iohn Dutton of Sherbourn in Glocestershire Esqr. which said William is now maried to Lucy sole daughter of Thomas Webb of in Kent Esqr. Randolph Egerton of Betley in Staffordshire Esqr. first Leivtenant and Major of his Matâ—s owne Troop of Guards under the comand of his grace Iames Duke of Monmouth first maried to Penelope daughter of the Rt. honble Rob viscount Kilmurrey of the Kingdome of Ireland and now to Eiliz â—aughter and heyre of Henry Murrey Esq r one of the Gent of his Matis Bed-chamber to K. Charles the first by Ann now viscountess Banning Iohn Wildman of Beaucot alias Becket in the County of Berks Esqr. Nathan Knight of Ruscombe in Berkshire Esq r intermariat â—th Margaret Eldest daughter and Coheire of William Stroode of Ruscombe Aforesaid Esqr. William Petyt of the Inner Tâ—mple London Esq r and Silvester Petyt Genâ— Brother to the Sd. Wm. descâ—ndeâ—â— by Gilbert a Younger sonn of Sr. Iohn Petytâ— From â—â— Antient family of that name who were Lords of Ardever in Cornwall tempore H. â— Iohn Lamphigh of Lamplugh in Cumberland Esqr. Collonell of a foot Regiment at Marston Moore in Yorkshire under the Command of his Highâ—ness Prince Rupert of wch Family see more in the body of the Bookeâ— section 2d. Chapt â— Thomas Burton of the City of London Esq Thomas Madden of the Inner Temple London Esâ— desâ—ended of ye. Maddens Formerly of Muddenton in Milâ—shire who are now seated at Rousky Castle in 〈◊〉 County of Fermanaugh in the Kingdome of 〈◊〉 Godwin Swift of Gooderidge in the County of Hereford Esq one of the society of Graâ—s Inn descend of the Family of ye. Swists of York-shire Henry Raâ—â—sford B. D and Rector of Stanmoâ—e Magna in the County of Midd Maried Mary one of ye. Daughters of Iohn Montfort of Jewing in ye. County of Hartford D. D. Residentiary of St Pauls London Nathaniel Stoughton of St. Iohns near Warwick in Warwick shire Esq lineally descended from the antient family of the Stâ—ughtons of Stoughton in Surrey now maried to Ann daughter and heyre of Will Brough late Deane of Glocester deceased of this family see more in the body of the booke Section 6. Chap 1. Capt. Iohn Clifford of Frampton upon Severne in Glocestershire whose family have there continued ever since the Reigne of Will the Conqueror takeing its rise from Puntins a noble man of Normandy who came into England with the said Will whose second sonn Osbert held the said Frampton and from whom for want of issue it descended to Walter de Clifford the predecessor of the said Iohn of wch Coate and family see more in the body of the booke section 5. Chapter 4. Richard Booth of the Citty of London Esqr. descended from the Booth's of Witton in Warwickshire now maried to Elizabeth daughter of Iohn Hopcroft Cittizen of London Thomas Stephens Esq r only son and heyre of S. Tho. Stephens of little Sodbury in Glocestershire Kt now liveing whose Grandfather Tho Stephens was Attourney Generall to Prince Henâ— and after his decease to K. Charles the first when Prince of Wales in wch service he dyed of this family see more in the body of the booke section 3. chap. 20. William Iollife of Carswall Castle in Stafford shire Esqr. who first maried Martha eldest daughter of Thomas Foley of Witley Court in Worcestershire Esq r and now the Lady Mary Hastings daughter of the Rt. honble Ferdinando late Earle of Huntington Henry Arthington of Arthington in the west Rideing of York shire Esq â— Thomas Modyford of Easttuar in the County of Kent Esqrâ— Collonell of a Regiment of Foot at Port Royall in the Island of Iamaica sonn and heyre of Sr. Tho. Modyford Bart. late Governor of the Sd. Island Erasmus Smith alias Herâ—â— of St. Iones in the parish of Clarkenwell in Midd Esqr. sonn of Sr. Roger Smith of Edmonthorp in Leicestershire Kt. decâ—ased descended from the antient family of the Smiths of Withcock in the s â— County â—câ— S
slighted unless he be sufficiently qualified by Birth Parts or other generous Accomplishments or are Knights of the Field who are never abridged of their merited Honour being acquired according to the original Institution of that Degree amongst all Nations And we see our Parliament men our Sheriffs Justices of the Peace and the Honourable Commanders and Captains of Cavalry and Infantry for the most Esquires at their first Election By the Statute 23 Hen. 6. cap. 15. the Knights of the Shires shall be notable Knights or else notable Esquires or Gentlemen born in the same Counties for which they are chosen See the Statute for the preservation of the Game 22 and 23 Car. 2. by which and many other Statutes they are equally priviledged with Knights and other persons of higher Degree To represent therefore an Esquire as now defined is no easie task but according to the ancient Rule I take him for a Foot-Commander The Atchievement of an Esquire differs from the Knight Batchelors only in the Helmet as you may here observe I shall also give you other Examples of Esquires and amongst the rest the Atchievement of my Honoured Friend Robert Logan vulgarly written Login Son and Heir to Iohn Logan Lord of the Mannor of Idbury in Oxfordshire who was of the ancient House of Restalridge in Scotland unfortunately ruined for their Loyalty to Mary Queen of Scots He succeeded his Father at Idbury was High Sheriff of the County a man eminent for his Virtue and Learning amongst whose prayers this Manuscript was found exemplar in his life for Charity and Conversation THE DEFINITION OR DESCRIPTION OF THE GENTRY OR Civil Nobility OF ENGLAND CHAP. XXVI GEntleman Generosus seemeth to be made of two words the one French Gentil honestus vel honesta parente natus the other Saxon Man as if you would say a man well born And under this name are all comprized that are above Yeomen and Artificers so that Nobles are truly called Gentlemen By the Course and Custome of England Nobility is either Major or Minor Major contains all Titles and Degrees from Knighthood upwards Minor all from Barons downwards Mr. William Mainstone Alias Mayneston of ye. Citty of London Merchant Lineally descended from Thomas Mainston of Vrchinfield in Herefordshire Gent Temps Edw ye. 3d. now Maried to Penelope Daughteâ— To Sr Thomas Iones of Shrewsbury in yeâ— County of Salop Kt. one of ye. Iustices of his mat ys Court of K-Bench Iohn Bourne of More feilds in the parish of St. Leonards Shoreditch in Middz Dr. in Phisicksâ— non maried to Eleanor daughter of George Shyres of Wakefield in Yorkshir Batcheâ—â—â— in Divinity Iohn Rowe of ye. Citty of Bristoll Gent. Lineally descended from ye. antient family of ye. Rowes of Windley hill in Derbyshire Which Said Iohn is now maried to Lucy Sister Coheyre of Anâ—thony Hungerford Son heyre of Anthony HuÌ„gerford of ye. Lea in Wiltshire Esq Mr. Peter Vandeput of the Citty of London Merchant Iohn Btome of Sevenoke in Kent Gent. Ricâ—ard Btome of Chobham in the Parish of Westham in Essâ—â—â— Gent. Richard Whitworth of Adbaston in the County of Stafford Gentleman Mr. Iohn Vanheck of ye. Citty of London Merchant descended of a Dutchfamily of that name This Câ—atâ— Armourâ—â— borne by the Stanleys of Devonshire and is Engraven at the Charge of Mr. Edward Stanley of Bamstable in the Sdâ— County agreat Lover of Heraldry and Promoter of Publique Vndertakeings Nicholas Eyre of London Gent Descended from a Antient Family of that name Iohn Farrington of ye. Citty of London Merchant descended of ye. Farringtons of Verdon near Faringtonheath in Lancashire a Family of good Account and Antiquity Iohn Gregorie of St. Margarets Westminster in Middlesex Gentleman son of Leiutenant Collonell William Gregorie of East Stockwith in Lincolnshire Esq a great sufferer for his maty in ye. Late Vnhappy warrs Mr. Thomas Shaw of the Citty of London Merchant now Maried to Deborah daughter of Roger Reeva Late Cittizen of London Râ—lph Marshall GenÌ„t Secretary to thâ— R â— honble William Earle of Craven desâ—nâ—ded from ye. family of ye. Marshalls of yorkshire Franâ—is Lunde of Parsons Green in ye. Parish of FuÌ„tham in Middlesex GenÌ„t descended frâ—m the Family of Lunde in ye. County of Yorkeâ— â—â—chard Stratford of Hawling and nether Geâ—◠〈◊〉 Glocestershire Gen t descended from theâ— Ancient family of ye. Straâ—fords of Farmcâ—â—â—n the Said County Thomas Glover of Raine Hill in Lancashireâ— Gent. now Maried to Rebecca daughter of Ninian Buther Staplehurst in Kent Gent. But if a Gentleman be sued by addition of Husbandman he may say he is a Gentleman and demand Judgment of the Writ without saying and not Husbandman For a Gentleman may be a Husbandman but he shall be sued by his Addition most worthy For a Gentleman of what Estate soever he be although he go to plough and common labour for his maintenance yet he is a Gentleman and shall not be named in legal Proceedings Yeoman Husbandman or Labourer If a Gentleman be bound an Apprentice to a Merchant or other Trade he hath not thereby lost his Degree of Gentility But if a Recovery be had against a Gentleman by the name of a Yeoman in which case no Action is necessary then it is no Error So if any Deed or Obligation be made to him by the name of Yeoman If a Capias go against A. B. Yeoman and if the Sheriff take A. B. Gentleman an Action of false imprisonment lieth against the Sheriff But if A. B. Yeoman be Indicted and A. B. Gentleman be produced being the same man intended it is good If a man be a Gentleman by Office only and loseth the same then doth he also lose his Gentility By the Statute 5 Eliz. chap. 4. intituled An Act touching Orders for Artificers Labourers Servants of Husbandry and Apprentices amongst other things it is declared That a Gentleman born c. shall not be compelled to serve in Husbandry If any Falcon be lost and is found it shall be brought to the Sheriff who must make Proclamation and if the owner come not within four Months then if the â—inder be a simple man the Sheriff may keep the Hawk making agreement with him that took him But if he be a Gentleman and of Estate to have and keep a Falcon then the Sheriff ought to deliver to him the said Falcon taking of him reasonable costs for the time that he had him in Custody A Commission is made to take Children into Cathedral Churches c. one in anothers places where Children are instructed to sing for the furnishing of the King's Chappel These general words by construction of Law have a reasonable intendment viz. That such Children who be brought up and taught to sing to get their living by it those may be taken for the King's Service in his Chappel and it shall be a good preferment to them but the Sons of Gentlemen or any other that are taught to sing for their Ornament or Recreation and not
Lord Mayor of this City which is evident by the noble Entertainment given to Strangers and by his great attendance both at home and abroad for besides the abundance of inferiour Officers he hath his Sword-Bearer Common Hunt Common Cryer and four Water Bailiffs which by their places are Esquires then the Coroner three Sergeant-Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeoman of the Water-side the Under-water-Bailiff two Yeoman of the Chamber with divers others The publick Officers belonging to this City are the two Sheriffs the Recorder the Chamberlain the Common Sergeant the Town Clerk and the Remembrancer who by their places are Esquires The Sheriffs who are persons of repute and ability are annually by the Commons that is the Livery-men of each Company in formality chosen on Midsomer-day and the day after Michaelmass the Lord Mayor and Aldermen go with them to the Exchequer-Chamber at Westminster where they are presented and sworn and the two old Sheriffs also sworn to their Accounts On Simon and Iudes day the old Lord Mayor being attended with the Aldermen and Sheriffs in their formalities go to the Hustings Court where the Lord Mayor elect taketh his Oath and receiveth from the Chamberlain the Scepter the Keys of the Common Seal and the Seal of the Majoralty and from the Sword-Bearer the Sword all which according to custom he delivereth to them again On the day following in the morning the old Lord Mayor with the Aldermen and Sheriffs attend the Mayor elect from his House to Guild-hall from whence in their formalities they go to the Vintrey and take Barge to Westminster being attended by the Livery-men of divers of the Companies in their Barges which are bedecked with Banners Pennons and Streamers of their Arms c. which with their Musick makes a pleasing show Being come to Westminster-hall having saluted the Judges they go up to the Exchequer Barr where the Lord Mayor tâ—keth his Oath and after some usual Ceremonies in the Hall and at the Abby in seeing the Tombs they return to their Barges and are rowed back to London being landed go to the Guild-hall in great pomp where a most stately Dinner is prepared as well for the Lord Mayor Aldermen Sheriffs and the several Companies as for the Nobility Judges and Gentry that are invited to the said Feast which oft-times is graced with the Royal Presence of their Majesties the King and Queen and the Duke of York c. The Ceremony of the day being ended the Lord Mayor is attended to his House where he liveth in great grandure during his Majoralty looking after the Affairs of the City to whose fatherly care the Government thereof is committed These with other Ceremonies in the electing and swearing the Lord Mayor and Sheriffs being largely treated of in Stow's Survey and Howel's Londinensis I forbear to speak further of them here but referr the Reader A List of the Names of the Lord Mayor Aldermen and Sheriffs that for this present year 1678 have the government of this Honourable City with the Names of the six and twenty Wards to which the said Aldermen do belong viz. THe Right Honourable Sir Iames Edwards Kt. Lord Mayor and Alderman of Candlewick Ward Sir Richard Chiverton of the Ward of Bridge without Kt. Sir Thomas Allen of Aldgate Ward Knight and Baronet Sir Iohn Frederick of Coleman-street Ward Kt. Sir Iohn Robinson of Tower-street Ward Knight Baronet and Lieutenant of the Tower of London Sir Iohn Laurence of Queen-hith Ward Kt. Sir Thomas Bludworth of Aldersgate-street Ward Kt. Sir William Turner of Castle-Baynards Ward Kt. Sir George Waterman of Brides Ward within Kt. Sir Robert Hanson of Basingshaw Ward Kt. Sir William Hooker of Cornhill Ward Kt. Sir Robert Vyner of Langborn ward Knight and Baronet Sir Ioseph Sheldon of Bishops-gate ward Kt. Sir Thomas Davies of Farendon ward without Kt. Sir Francis Chaplin of the Vintrey ward Kt. Sir Robert Clayton of Cheap ward Kt. Sir Patience Ward of Farendon ward within Kt. Sir Iohn Moore of Walbrook ward Kt. Sir William Prichard of Bread-street ward Kt. Sir Henry Tulse of Bread-street ward Kt. Sir Iames Smith of Portsoken ward Kt. Sir Nathaniel Herne of Billingsgate ward Kt. Sir Robert Ieffreys of Cordwainer ward Kt. Sir Iohn Shorter of Cripple-gate ward Kt. Sir Thomas Gold of Dowgate ward Kt. and Sir William Rawstorne of Limestreet ward Kt. The Sheriffs for this year are Sir Richard How and Sir Iohn Chapman Knights Having thus in brief treated of the Government of the City with their Immunities Priviledges Courts of Judicature c. in general in the next place we will treat of each particular Incorporated Company as Stems thereof And first with the several Companies of Merchants next with the twelve chief Companies out of which the Lord Mayor is to be Annually chosen and so end with the other Companies as Stars of a less magnitude The East-India Company though not the ancientest yet the most honourable and eminent was first Incorporated in the year of the Reign of Queen Elizabeth and since confirmed with divers other Priviledges added to their Charter by succeeding Kings having now power of making Acts and Ordinances so as not repugnant to the Law of the Land or detriment of the King for the good and well government of the said Trade and Company likewise power to hear and decide Causes and to implead fine and punish Offenders as they please to raise and maintain Souldiers in their Factories and to man out Ships of warr for their further security for warr offensive as well as defensive as occasion requireth also the using of a Seal and the bearing of a Coat of Arms as it is depicted in the Escocheon of Arms of the several Companies of Merchants This Company is managed by a joynt stock which makes them potent eminent and rich and is found several ways to be very advantageous to the Kingdom as in their building of Ships in the imploying and maintaining of thousands not only in their Ships but in their Plantations and Factories as at Surat Cambaya Bambay Curwar Baticale Calicut Fort St. George Pentapoli Musulipatan Ougely Gonro Bantam in the Indies Ormus in Persia â— with some other places of less concern And to their Presidents Factors and other Servants they allow good Salaries and are raised to higher preferments with greater Salaries as their merits deserve And the great Trade that they drive to these places exporting such vast quantities of our Manufactures and Commodities and importing so many sundry and rich Commodities cannot but make them to be very beneficial to the Nation This worthy Company for the better negotiation of their Affairs is governed by a Governour Deputy-Governour and Committâ—e consisting of four and twenty who about the midst of April are Annually elected by the Adventurers of the said Company of which there must be eight new ones always chosen and these meet at their House in Leaden-hall-street London called the East-India
is the Bishop's Palace This City is governed by a Mayor seven Masters sixteen Burgesses a Recorder Town-Clerk c. and hath the election of Parliament men It offers to view amongst other remarkables four Steeples and three Churches whereof two are Parochial viz. Trinity and St. Michaels that an ancient well built Church in form Cathedral which being impaired by a late fall of its beautiful Spire is since restored to its former lustre at a vast expence and charge this a stately large and brave inlightned Fabrick a curious Shell whose Content is one hundred yards in length and seven and twenty yards in breadth besides several Isles and Chappels both on the North and South sides thereof supported by neat and slender Pillars with five Isles whose Steeple for tower and lofty tapering Spire gives place to none in England Bablack Church one of the three is a solid Antique Structure its form Collegiate where Divine Offices are performed but at some Festivals in the year It hath gloried in a matchless Wall and though its form was irregular for a defensible Fortification yet was it built strong broad high and large in circumference now only guessed at by its ruins and its twelve lofty Ports oâ— Gates yet standing No place compares with this City for a most beautiful Cross of large dimensions and height adorned with variety of Statues Figures and Sculptures richly laid over with Gold and set off with becoming Colours It hath among others one magnificent Hall called Aula Sanctae Mariae fit for a celebrious Congress or Assembly Here is a fair Grammar School founded by Iohn Hales Esquire yet styled Schola Regis Henrici Octavi and another School of late erection for poor Children by Mr. Christopher Davenport late Alderman Appendant to both is a Library with learned Authors both Print and Manuscripts of which Schools the Mayor and Aldermen of this City are Visitors The Hospitals are 2 well and plentifully providing for twenty Blue-Coats eleven poor men in black Gowns and two Nurses in the one and eight other married Couples in blue Gowns in the other and a Nurse To it is annexed very large and rich Commons great Annual Loans and Gâ—fts distributed amongst poor young and hopeful Tradesmen together with frequent remembrances of some noble Benefactor or other who intrustred the City to dispose of their bounty to others as among themselves viz. forty pounds per Annum to St. Iohns Colledge in Oxford and forty pounds per Annum to several other Cor-Proporations Also near the said City at a Pool called Swanswell is a Spring which filleth a seven Inch Diameter of which water the quantity of five Tun an hour is daily raised to the top of a Turret six and thirty foot high by a stream out of the said Pool containing nine cubical Inches which moveth an overshot Wheel and a triangular Crank with Ballances and Buckets being an heaving or lifting Engine from hence the water is conveyed into the Streets of the City and Houses of such Inhabitants as will and do take the said water at an Annual Rent This Water-work was begun by Thomas Sargenson Mason and Bartholomew Bewley Plumber in the year 1630. and hath been since altered and put into the form it now worketh in the year 1658. and so continued by Thomas Bewley Son of the said Bartholomew who is the present prietor The City is owner of a rich Delf or Mine of Coles near adjoyning to it which is hoped will in a little time add much to its Revenue the present Undertakers using that method for the mastering of the Water which the inadvertency of former Undertakers either could not contrive or at least not effectually prosecute The staple Commodity of the place is Cloth but to how low an ebb that trade is now come to every place can report and competently judge as well as this City It s Government consists of Annual Officers ten Aldermen or Justices with two standing Councels viz. the Upper the Second or Common-Councel The Annual Officers are the Mayor Recorder two Sheriffs Steward Coroner two Chamberlains tow Wardens and some other Attendant and Ministring Officers The Mayor is the eye of the Body the King 's immediate Lieutenant having the precedency of all Prince Henry himself when in Coventry refused to take the better hand of him when modestly the Mayor offered it saying He would not resume a right of his Fathers Graunts This Authority is Solitary or Social Solitary as to be Clerk of the King's Market Steward and Marshal of the King's House to be in Commission for Arrays and Head of the twelve Companies Social in the upper Councel which consists of Aldermen and some Candidates for the Majoralty where he orders and manageth the particular Affairs and Revenues of the City distributes the bounty of Benefactors sometimes calling in the Assistance of the second Councel arbitrarily chosen by him and his Brethren out of the wealthiest and discreetest Citizens and consisting of five and twenty who are as Witnesses of their just administrations as well as Advisors in all Alienations of City Lands and Grants of other nature The Aldermen are Justices of the Peace in as full Latitude as any other having ten Wards or Precincts assigned them with an Appropriation of a Ward to each Alderman as to some respects though otherwise every one is Justice throughout both as to the City and County of the City which is of large extent Of these Justices there are of the Quorum four viz. the Mayor Recorder and two eldest Aldermen The Mayor's Insignia are a Sword a Hat of Maintenance a great Mace and six smaller with a Tip-staff the Robes black lined with Furr and on solemn and festival days Scarlet lined with Foins The present Aldermen and Justices for the year 1676. are William Ielliff Alderman now Mayor the second time the Right Honourable Iames Earl of Northampton one of his Majesties Privy Council Recorder Ioseph Chambers Iames Nailer Iulius Billers William Vale Ralph Phillips Nathaniel Harryman Thomas King Thomas Bewley Abell Brooksby Humfry Burton Coroner Sir Richard Hopkins Kt. Serjeant at Law Steward As to the Rights Immunities Priviledges when and by whom granted together with all other things coincident to this City from its first appearance to its ascending Grandure and Declining or Cadency they are most amply and learnedly mentioned to our hand by the Pen of the learned Mr. Dugdale Norroy King of Arms to whom we referr the Reader The Arms belonging to this City are parted per Pale Gules and Vert an Elephant Argent on a Mount proper bearing a Castle on his back Or. WARWICK the Shire-Town of good account being the place where the Assizes and general Sessions for the County are kept it is indifferent large containing two Parish Churches besides some demolished its Houses are well built its Streets spacious and good is a place well inhabited and enjoyeth a good trade especially for Mault It is governed by a Mayor twelve Brethren four