Forty years in which time he created eight Barons and had Iura Regalia within the County Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
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
Baron which always stands afterwards for the head place of the Barony whereof the said Baron and his Heirs shall be surnamed and called and shall continue that name of place although he do alien away the same as aforesaid Some others are named with the Title of Lord as Sir Hugh Bramsteed by Writ of the 27 th of Henry the Sixth was styled Lord Veysey Iohan. Beauchamp Domino de Beauchamp Iohanni Domino de Clynton To some others the Writ is directed only by their Name without any addition of place or dignity as William de Lovell Mil. William Devereux Mil. c. But the Nature Quality and Addition of those Barons by Writ is aptly discovered by the debate of a Question moved often amongst men and spoken of concerning the continuance and descent of a Barony by Writ which Question for the more orderly disposition thereof I shall divide into these Heads or Points Question First Whether a Barony by Writ may descend from the Ancestor to the Heir or not Secondly Admit such a Barony may descend then Whether it doth descend to the Heirs although not so near as the Heir Female Thirdly Admit it doth descend to the Heirs Female then Whether may the Husband of such an Heir Female take upon him the Name Style and Dignity of such a Barony in right of his Wife or no Those therefore that maintain the Negative that such a Barony shall not descend do strengthen themselves with these or the like Arguments viz. The first Argument Whether a Barony by Writ may descend Nobility and Honour which are given in respect of Wisdom Connsel and Advise cannot extend to any other person or descend from one man to another for it is a Rule in Law That Privilegium personae personam sequitur extinguitur cum persona But such is the Dignity of a Baron therefore it is reason that it should not descend from the Ancestor to the Heir The second Argument Again If the calling of the Parliament by Writ be the sufficient instrumental cause of such Nobility to the Ancestor the not calling of the Heir is a loss of that Nobility For if the Heir have defects of Nature in him as Idiotsie Frensie Leprosie or the like whereby he is become unfit for Counsels and Conversations for what reason should he enjoy that Dignity whereof he is either unworthy or uncapable for the effect hath no place where the cause faileth and hereof they conclude that such Dignities of Baronies by Writ should not descend If on the contrary part the Affirmation is thus proved Honour which is given in respect of Wisdom and Vertue of him on whom it was first bestowed is not only a due recompence for himself whilst he lived but also a memorable Reward thereof to Posterity The words of Cicero to this effect are most excellent Homines bonos semper nobilitate favimus quia utile republicae est nobiles esse homines dignos majoribus suis quia valere debet apud nos claros hujusmodi senes fuisse è republica moveretur memoria mortucrum Honor. Therefore this kind of Honour is Patrimonial and Hereditary for things which are once granted unto a man by the King for his Honour are not again to be returned to his loss and disgrace or to his Heirs The second Argument Secondly If the Infamy of the Father be a blot to the Posterity as the Wiseman Solomon affirmeth The Children complain for an ungodly Father they are reproved for his sake and for that also the Law of the Realm doth corrupt the blood of the Posterity by and upon the Offence of the Ancestor Reason would also be that the Honour of the Ancestor should be likewise Honour to the Posterity for contraries do also carry their contrary Reason For the determination whereof 't is to be noted that diversity of Reason hath bred diversity of Opinion Some there are that do speak That the Dignity of a Baron by Writ is not discendable from the Ancestor unto the Heir unless the Heir be likewise called by Writ to Parliament and that then it becometh an Inheritance and not before But this Assertion is repugnant to the nature of Descent which for the most part doth carry a Patrimony descendable by act of Law presently upon the death of the Ancestor unto the Heir not at all Wherefore the Custom of the Country and the manifest Presidents do prove that this kind of Baronies doth descend from the Ancestor to the Heir and there needeth not any word of Heir in the Writ of Summons only one President there is in a special Writ sometime directed to Sir Henry Bromfleet in the 27 th of Henry the Sixth wherein he was styled Lord Veysey and wherein there are these words inserted Volumus tamen vos haeredes vestros de corpore vestro ligitime enatos Barones de Veysey existentes Wherefore it is very true that when the Heir of any such Baron by Writ is called to the Parliament that his Descent of Honour is thereby established and approved of by the gracious Judgment of our Sacred Sovereign So it is also true that if it shall stand with his Majesties pleasure that such an Heir shall not be summoned at all then that Nobility is much impaired and in a manner extinguished in the censure of all men for that it hath no other original but by a Writ of Summons from the which by the Judgment of the Supream Sovereign he is excluded As to the second principal point Whether the Barony by Writ may descend to the Heir Female it shall not be amiss likewise to shew the Reasons on either part that by conflict of Argument the truth may the better be discovered Those that maintain the Affirmative part do say That in reason the Sex of the Heir Female ought no more to barr her Dignity than the Nonage of the Heir Male ought to barr him though during his Nonage he be unable to do the Service But as the Service of the one is for time forborn so the Sex of the other may at all times be supplied by the maturity of her Husbands Offices of Honour which do much import the Commonweal being passed by Inheritance do descend to the Heir Female as the Office of the High Constableship of England which descended unto the Daughter of Hum. de Bohun Earl of Hereford and Essex Also the Office of the Lord Steward descended to Blanch Daughter of Henry Earl of Lancaster The like may be said of the Office of Earl-Marshal which descended by an Heir Female to the House of Norfolk All which Offices are as unsit to be exercised by a woman as for a Woman to be summoned by Writ to the Parliâ—ment as a Baroness c. Many Noble Houses also in England do support and lawfully bear the Dignity of a Baronage unto them descended by a Woman The first Argument contra They which stand of the Negative part in this Controversie do encounter their
Parliament by Writ as Baron such Heir Male omitting the Husband of the Issue of such Heir Female And this also appeareth by a notable Controversie in the time of Henry the Seventh between Sir Robert Willoughby Lord Brook and Richard Lord Lattimer for the Barony of Lattimer which in effect was The said Lord Brook did challenge the Barony of Lattimer as Coâ—in and Heir of Elizabeth his Great-grandmother who was Sister and Heir of Iohn Nevill Lord Lattimer who died without Issue And hereupon exhibited a Petition to Henry the Seventh in Parliament whereunto Richard Lord Lattimer was called to answer because he then enjoyed the said Title and Dignity The said Richard Lord Lattimer did by his Answer shew That after the death of the said Iohn Nevill Lord Lattimer without Issue the said Elizabeth was his Sister and next Heir and married unto Thomas Willoughby Knight second Son of the Lord Willoughby But Henry the Sixth for that the said Iohn Nevill Lord Lattimer was dead without Issue and that the next Heir was Female did therefore call to the Parliament George Nevill Knight second Son of Henry Earl of Westmoreland to be Lord Lattimer as Cosin and next Heir Male of the said Iohn Nevill Lord Lattimer which George was Grandfather of the said Richard Lord Lattimer Father of the said Richard In debate of which cause the Question now in hand namely Whether a Barony by Writ may descend to the Heirs Female was advisedly considered of by the King and his Nobility in Parliament and in the end adjudged with the said Richard Lord Lattimer which President doth afford us two Judgments in this point And in the time of Henry the Sixth when the Writ was directed to the said Sir George Nevill Knight whereby he was summoned as Lord Lattimer to the Parliament and as Heir Male and not the said Thomas Willoughby Knight husband of the said Elizabeth Heir Female And the second Judgment was given in the time of Henry the Seventh whereby the said Barony was adjudged to the said Richard Lord Lattimer coming out of the special Heir Male against the Lord Brook descended of the general Heir Male. But here in this President before remembred of the Barony of Dacres may be objected to encounter this Conclusion for there was an Heir Female married unto Sir Richard Fines who by the Declaration of King Henry the Sixth was Baron of Dacres in right of his wife And there was also Ralph and Humphrey the Heirs Males before whom the Heir Female was preferred by the censure of Henry the Sixth and Edward the Fourth This Objection is easily answered for although Henry the Sixth through the Princely favour which he bore unto Sir Richard Fines had declared him to be Lord Dacres in right of his wife yet notwithstanding did Ralph Dacres being Heir Male then unto the Lord Dacres and by that name was attainted in Parliament Anno primo Hen. 4. Wherefore the reason why the Heir Male could not be regarded was the said Attainder of the said Raâ—ph and Humphrey his brother and therefore when Humphrey in the 12 th of Edward the Fourth laboured to have the said Attainder Reversed he submitted himself to the Arbitrement of the King who to satisfie both Competitors both having deserved of him after he had admitted them to his favour he allowed one to be Lord Dacres and the other to be the Lord Dacres of Gillesland And thus much concerning the second Point Whether a Barony by Writ may descend unto the Heir Female The third Point As concerning the third Point admitting such Descent to be to the Heir Female when there is no Heir Male that may claim the same for then doth this Question take place Whether the husband of such an Heir Female shall enjoy the Dignity in right of his wife or no Wherein we are to rest upon a Resolution had and given to this special Question which was in this manner In the time of Henry the Eighth when Mr. Winby took upon him the style of Lord Talbois in right of his wife having no Issue by her The said King assisted both by Civil and Temporal Lawyers gave Sentence That no husband of a Baroness in her right should use that Style and Dignity until he had by her a Child whereby she should become Tenant by Courtesie unto her Inheritance The special Reasons that occasioned this Sentence were two First It should be convenient for her husband this day to be a Baron and a Peer of the Realm and to morrow by the death of his wife to become none and without the default of the party Secondly If he had Issue by wife and were entituled to be Tenant by the Courtesie of England of his wives Lands if he shall not also bear the Style and Dignity of his Wives Barony then should the Son after the death of his mother dying in the life time of his father be a Baron and Lord without Land for so the father should have the Land as Tenant by Courtesie and the Son the Lordship without Land And thus much said concerning the Nature Quality and Estate of a Baron by Writ and for the Resolution of the several points and Articles of the Question proposed may suffice CHAP. XII Barons by Patent which is the third kind of Barons mentioned in the former Division of Barons THere is also a fourth means of Creation viz. by Act of Parliament but the first two mentioned and this other by Patent is most usual for the Honour of the King for thereby the Donation doth proceed from his Majesty only as from the Fountain of Honour But when the Creation is by Parliament the King ever is one and may be said to be Donor A Baron therefore by Creation by reason of Letters Patents is that noble Person whom the King or any of his Progenitors Kings of this Realm have created Baron by such their Letters Patents began in the Reign of King Richard the Second This kind of Dignity of a Baron shall be of such continuance in Descent or otherwise as shall be limited in the Habendum in such Letters Patents contained for it may be but for the life of him to whom it is given or for term vanter vie as some hold Opinion in the 32 of Hen. 6. for cujus est dare est disponere It may be in special in our general Tayl and this kind of Tayl was usual before the Statute made decimo tertio of Edw. 1. by which Estate Tayl of Lands and Tenements was created as appeareth by the Patent whereby Hubert de Burgo was made Earl of Kent in the time of Henry the Third by these words Habendum sibi haeredibus suis de corpore Margaretae uxoris sui sorors Alexandri Regis Scotiae procreatis pro defectu talis exitus remanere in directis haeredibus dicti Huberti And that Estates intayl are at this Day of Titles of Honour by the said Statute of Westminster the second Question If a
personal Installation of a Knight in seven Sections 1. That Installation gives the Title of Founder 2. Of the time and place appointed for Installation 3. Of Commissions for Installation 4. Of Letters of Summons 5. Of Warrants for the Livery of the Order 6. The removal of Atchievements and Plates And 7. preparations made by Knights Elect. Chap. XII Treats of the personal Installation of a Knight-Subject in eleven Sections 1. Of the Cavalcade to Windsor 2. The Offerings in the Chappel on the Eve of the Installation 3. The Supper on the Eve 4. The order in proceeding to the Chapter-house 5. The Ceremonies performed in the Chapter-house 6. The proceeding into the Choire 7. The Ceremonies of Installation 8. The order observed when two or more Knights are installed in one day 9. The Offerings of Gold and Silver 10. The grand Dinner at the Installation And 11. of setting up the Knight's Atchievements Chap. XIII Treats of the Installation of a Knight-Subject by proxy in nine Sections 1. The original cause of making Proxies 2. Letters of Procuration 3. Qualifications of a Proxy 4. Preparations for Installations 5. Proceeding to the Chapter-house 6. Transactions in it 7. Proceeding to the Choire 8. Ceremonies performed there And 9. the grand Dinner Chap. XIV Treats of the signification of Election to Strangers in five Sections 1. In what time and manner Certificate is made for their Election 2. Of notice given of an Election before sending the Habit 3. Notice of Election sent with the Habit 4. Certificate of acceptation And 5. of an Election not accepted of Chap. XV. Treats of the Investiture of Strangers with the Habit and Ensigns of the Order in four Sections 1. The time for sending the Habit and Ensigns unlimited 2. Preparations made for the Legation 3. The Ceremonies of Investiture And 4. Certificates of having received the Habit and Ensigns of the Order Chap. XVI Treats of the Installation of a Stranger by Proxy in thirteen Sections 1. Touching the choice and nomination of a Proxy 2. The Proctor's qualifications 3. His Letters of Procuration 4. Of the Proctor's Reception 5. The preparations for Installation 6. The Proctor's Cavalcade to Windsor 7. Supper after his arrival there 8. Of the proceeding to the Chapter-house 9. The Ceremonies performed therein 10. Of the proceeding to the Choire 11. The Ceremonies of Installation 12. The Proctor's Offerings And 13. the Dinner Chap. XVII Treats of the Duties and Fees payable by the Knights-Companions at their Installations in four Sections 1. Concerning the Fees due to the Colledge of Windsor 2. Fees due to the Register Garter Black Rod and Officers of Arms 3. Fees belonging to others of the Sovereign's Servants And 4. Fees payable for Strangers Chap. XVIII Treats of the Grand Feast of the Order in ten Sections 1. The Grand Feast appointed to be annually kept on St. George's day 2. The Anniversary of St. George fixed by the Church unto the Three and twentieth of April 3. St. George's day made Festum duplex 4. The place for celebrating the Grand Feast assigned to Windsor Castle 5. St. George's day kept apart from the Grand Feast and how then observed 6. The Grand Feast neglected by King Edward the Sixth 7. Removed from Windsor by Queen Elizabeth 8. Of prorogation of the Grand Feast 9. Of Commissions for prorogation And 10. that the Grand Feast ought to be celebrated once every year Chap. XIX Of preparations for the Grand Feast of the Order in eight Sections 1. Of Letters giving notice of the time and place 2. Of Dispensations for not attending at the Grand Feast 3. Of Commissions of Lieutenancy and Assistance 4. Warrants for the Removal of Atchievements 5. Scutcheons of Arms and Styles 6. Of adorning the Chappel 7. The furnishing of St. George's Hall And 8. Officers and Servants appointed to attend at the Grand Feast Chap. XX. Treats of the order of the Ceremonies on the Eve of the Grand Feast in seven Sections 1. Of the beginning of the Grand Feast 2. Of setting the proceeding in order 3. Of proceeding to the Chapter-house 4. Of the opening of the Chapter 5. Transactions in the Chapter held before the first Vespers 6. The Ceremonies relating to the first Vespers And 7. the Supper on the Eve Chap. XXI Treats of the Order of the Ceremonies on the Feast day in nine Sections 1. The proceeding to the Chappel in the morning 2. The proceeding to the second Service 3. Of the Grand Procession 4. The order of the said Service 5. The Offering of Gold and Silver 6. The return to the presence 7. Of the Dinner on the Feast-day 8. The Ceremonies belonging to the second Vespers And 9. of the Supper on the Evening of the Feast-day Chap. XXII Treats of the Ceremonies observed on the last day of the Feast in four Sections 1. Of proceeding to the Chapter-house in the morning 2. Of the elect Knights proceeding into the Choire 3. Of the Ceremonies performed at Divine Service And 4. the Diets at some of the Grand Feasts Chap. XXIII Treats of the Observations of the Grand Feast by absent Knights in five Sections 1. Absent Knights enjoyned to observe the Grand Feast 2. More particular directions for their observation thereof 3. How to be observed in case of Sickness 4. In what manner the Feast hath been observed by absent Knights And 5. Dispensation for absence granted during life Chap. XXIV Treats of Degradation of a Knight-Companion in three Sections 1. Of the Degradation of a Knight Batchelor 2. The manner of Degrading a Knight-Companion of the Garter And 3. of Restauration into the Order after Degrading Chap. XXV Treats of Honors paid to deceased Knights-Companions in four Sections 1. Of the celebration formerly of Masses for defunct Knights-Companions 2. Of fixing on the Stalls Plates of their Arms and Styles 3. The Offering of Atchievements And 4. of depositing the deceased Knights Mantles in the Chapter-house Chap. XXVI Treats of the Founder the first Knights-Companions and their Successors in four Sections 1. Of what number they consisted 2. A short view of the Founder's Wars 3. Some account of the first Five and twenty Knights-Companions And 4. a Catalogue of their Successors OF Knights Bannerets CHAP. XVIII THIS Degree of Knighthood called by some Equites Vexillarii or Chevaliers a Banier is a most ancient Order having been used in England ever since King Edward the First and hath been always conferred on most deserving persons for their signal Valour as I shall anon take occasion to speak of 'T is the Judgment of some Antiquaries that these Bannerets were once used as a part of the three States of the Realm and that it was the Custome of Kings hertofore to summon by Writ the Lords Spiritual and Temporal with such other worthy persons of this Order as they thought fit to call to consult about the Publick Affairs of the Kingdom which persons thus assembled were then called a Parliament And that those Bannerets often serving their King
Domini sui ei conferet maritagium suum c. which words cannot be understood when he is out of Ward and Custody no more than when he is married after the Age of One and twenty years Note hereby that the King may prevent his Grantee or other Lords of the double value by Knighthood Yet in such case presently after the Heir is made a Knight after the death of his Ancestor the Lord may have a Writ de valore maritagii for the single Also by the ancient Common Law of this Realm if a Villain be made a Knight he is immediately infranchised And if a Ribald or a man of base birth and condition had struck a Knight by the ancient Law he should have lost his hand wherewith he offended But in France it was anciently adjudged that when the Lord of a Villain had Knighted his Villain being a Gentleman he became free and had his Honour lawâ—ully but if another Lord had Knighted him nothing had been wrought by it for none could manumit him but his Lord and till Manumission or Knighthood he had civil freedom for his ground but was not capable of it except by the King only It was enacted by Parliament in the sixth year of the Reign of King Iohn in haec verba Rex Vicecom c. Sciatis quod consensum est cum assensu Archiepiscoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis armis ad defensionem Regni nostri There hath ever been and still is great use of the Services of Knights even in Civil Affairs and concerning matters of Justice as in a Writ of Right which is the highest Writ in Law for trial of Titles touching the Inheritance of Lands the Tenant is at his Election to have his Trial by great Assize or else by Battel if by the great Assize the Writ De magna Assiza eligenda shall be thus viz. Rex Vicecomiti salutem c. Summone as per bonos summonitores quatuor legales Milites de Comitatu tuo quod sint coram Iusticiariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sacramentum suum 12 de militibus de visum de N. qui melius sciant velint dicere veritatem adfaciendam recognitionem magnae assurae inter A. petent B. tenent de uno messuagio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram petit recognitionem fieri utrum eorum habent jus in messuagium praed B. qui tunc sit ibi auditurus illam electionem habeas ibi nomina praed milit ad hoc breve c. And upon the Return of this Writ those four Knights must appear gladiis cuncti Dier 79. fol. 103. If the Tenant make his Election by Battel each parties are to choose their Champions and the Court shall award the Battel and the Champions shall be at Mainprize and sworn to perform the Battel at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain Ground there quadrant that is to say every way sixty foot square and the Place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Clothes which belong to their Court at Westminster and a Barr shall be there made for the Serjeants at Law and the Robes of the Justices and Serjeants shall be of Scarlet with their Coifs on as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes And the Demandant first was solemnly demanded and did not appear whereupon the Manuperors of the Champion were demanded to bring forth the Champion of the Demandant who came into the place apparelled with red Sandals upon his black Armour bare legged from the Knee downwards and bare headed and bare Arms to the Elbows being brought in by a Knight namely Sir Ierom Bowes who carried a red Battoon of an ell long tipped with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists until they came to the midst of the Lists and then came towards the Barr before the Justices with three solemn Congies and there was he made to stand on the South side of the place being the right side of the Court And after that the other Champion was brought in in like manner at the South side of the Lists with like Congies by the hands of Sir Henry Chequie Kt. c. and was placed on the North side of the Barr and two Serjeants being of the Counsel of each part in the midst between them This done the Demandant was solemnly called again and appeared not but made default Bowham Serjeant for the Tenant prayed the Court to record the Nonsuit quod factum fuit And then Dyer Chief Justice reciting the Writ and Content and Issue joyned upon the Battel and the other of the Champions to perform it and the prefiction of this day and place did give final Judgment against the Demandant and that the Tenant should have the Land to him and to his Heirs for ever and the Demandant and his Pledges de prosequendo in misericordia Reginae And afterwards solemn Proclamation was made that the Champions and all others there present which were by estimation above Four thousand persons might depart every man in the peace of God and the Queen sic fecerunt cum magno clamore vivat Regina Also if false Judgment be given in the Country which is the Sheriffs Court then the Writ shall be thus Henricus c. Vicecomiti Lincoln salutem Si A. fecerit c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem Will B. tenentem de uno messuagio centum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fuisse Iudicium in eodem Record illud habeas coram Iusticiariis Iuris apud Westminsterium tali die sub sigillo tuo per quatuor legales Milites ejusdem comitatus illos qui Recordo illi interfuerunt summoneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum illud habeas ibi sua nomina quatuor militum hoc breve Fitz. Nat. Brev. itidem E. And those four must be Knights indeed Also the Justices upon consideration of the usual words in every Writ of Venire Facias Coram c. Duodecim tum Milites quam alios liberos legales homines c. say that these words tum Milites were not at the first put into the Writ without effect Plowden 117. b. For it seemeth that in diebus
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