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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is ●all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be en●●red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be ar●aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood o● Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him i● seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amer●ed only 10 pounds and all under only 5 l. and this to be done by their Peers accord●ng to Magna Charta al●hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm be●ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome no● by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8● Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no● farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quate●us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts
Garter upon the Left Leg upon pain of paying 2 Crowns to any Officer of the Order who shall first claim it onely in taking a Journey a Blew Ribon under the Boot doth suffice Upon the Left Shoulder upon Cloak Coat or Riding Cassack in all places of Assembly when they wear not their Robes they are to wear an Escutcheon of the Arms of St. George that is a Cross with a Garter and this by an Order made April 1626. That Ornament and Embellishment about the said Escutcheon now worn and called the Star or rather the Sun in its glory was at the same time enjoyned The The greatest Monarchs of Christendome have been enrolled and have taken it for an Honour to be of this Order There have been of this Order since the Institution 8 Emperours 25 or 26 Forreign Kings besides many Soveraign Princes c. The Fellows and Companions of the Most Noble Order of St. George are at present these that follow ranked according as they are seated in their several Stalls at Windsor IN the first Stall on the right hand is the Soveraigne of the Order King Charles the Second who is Patron and Sole Disposer of the Order The Stall opposite to His Majesty is now void In the other Stalls on the Sovereign Side are thus placed these that follow 2 The Duke of York 3 Prince Rupert 4 Marquiss of Brandenbourgh 5 Earl of Salisbury 6 Earl of Northumberland 7 Duke of Buckingham 8 Earl of Bristol 9 Count Marsin 10 Earl of Sandwich 11 Duke of Richmond 12 Earl of Strafford 13th Stall is void On the other side opposite to these afore-named are placed in this Order these that follow 2 Prince Elector Palatine 3 Prince of Orenge 4 Prince of Denmark 5 Earl of Berkshire 6 Duke of Ormond 7 Duke of Newcastle 8 Prince of Tarent 9 Duke of Albemarle 10 Earl of Oxford 11 Earl of Manchester 12 Duke of Monmouth 13th Stall on this Side also is void The whole number of Fellows of this Order is not to exceed 26. In the next place are Knights Bannerets Equites Vexilliferi antiently a high Honour now obsolete there being at this time none of this Order in England These may bear Supporters of their Arms and none under this Degree Knights of the Bath so called of their Bathing used before they are created The first of this sort were made by Henry 4th Anno 1399. They are now commonly made at the Coronation of a King or Queen or Installation of 〈◊〉 Prince of VVales They wea● a Scarlet Ribon Belt-wise They are still made with much Ceremony too long here to be described Other Knights called Equites Aurati from the Gilt Spurs usually put upon them and Knights Batchelors quasi Baschevaliers Knights of lower Degree So Bachelors in Arts or Divinity quasi Low Knights or Servitors in Arts. These were antiently made by girding with a Sword and Gilt Spurs and was bestowed onely upon Sword men for their Military Service and was re●uted an excellent and glorious Degree and a Noble Reward ●or Courageous Persons but ●f late being made more common and bestowed upon ●own Men contrary to the ●ature of the thing as Degrees ●n the University are sometimes ●estowed upon Sword men it ●s become of much less reputa●ion Yet amongst Gown men 〈◊〉 is given only to Lawyers and ●hysitians and not to Divines ●ho may as well become that Dignity and be Spiritual Knights as well as Spiritual Lords These are now made with no other Ceremony but kneeling down the King with a drawn Sword lightly toucheth them on the Shoulder after which heretofore the King said in French Sois Chevalier au nom de Dieu and then Avances Chevalier When a Knight is to suffe● death for any foul Crime hi● Military Girdle is first to be ungirt his Sword taken away hi● Spurs cut off with an Hatchet● his Gantlet pluckt off and hi● Coat of Arms reversed Next amongst the Lowe● Nobility are Esquires so called from the French word Escuyers Scutigeri because they were wont to bear before the Prince in War or before the better sort of Nobility 〈◊〉 Shield or else perhaps because they bear a Coat of Arms as Ensigns of their descent and by our Lawyers are called Armigeri Of this Title are first all Vicounts eldest Sons and all Vicounts and Barons younger Sons and by the Common Law of England all the Sons of Earls Marquisses and Dukes are Esquires and no more Next are the Esquires of the Kings Body mentioned among the Officers of the Kings Court after these are reckoned Knights eldest Sons and their eldest Sons for ever then younger Sons of the elder Sons of Barons next Esquires created by the King by putting about their Necks a Collar of Esses and bestowing on them a pair of Silver Spurs Lastly any that are in superiour Publick Office for King or State are reputed Esquires or equal to Esquires as Justices of the Peace Mayors of Towns so Councellours at Law Batchelors of Divinity Law or Physick although none of them really are so In the last place among th● lower Nobility are accounted the Gentry of England that have no other Title but are descended of antient Families that have alwayes born a Coa● of Arms. This Kind of Honour is derived from the Germans to the rest of Christendome and was never known in any Countrey where the German Customs were unknown as in Asia Africa and America The Germans antiently warring oft amongst themselves painted their Scutcheons with the Picture of some Beast Bird or other thing for distinction and put some eminent and visible Mark upon the Crest of their Helmets and this Ornament both of Arms and Crest descended by inheritance to their Children to the eldest pure and to the rest with some note of distinction such as the Old Master of Ceremonies in High Dutch Here-alt now Herald thought fit Gentlemen well descended and well qualified have alwayes been of such repute in England that none of the higher Nobility no nor the King himself have thought it unfitting to make them sometimes their Companions The Title of Gentleman in England as of Cavalier in France Italy and Spain is not disdained by any Nobleman All Noblemen are Gentlemen though all Gentlemen are not Noblemen The State of Gentry was antiently such that it was accounted an abasing of Gentry to put their Sons to get their Living by Shop-keeping and our Law did account it a disparagement of a Ward in Chivalry to be married to a Shop-keepers Daughter or to any meer Citizen for Tradesmen in all Ages and Nations have been reputed ignoble in regard of the doubleness of their Tongue without which they cannot grow rich for Nihil proficiunt nisi admodum mentiuntur as Tully observed and therefore amongst the Thebans no man was admitted to places of Honour or Trust unless he had left off trading ten years before So by the Imperial Laws a Tradesman is not capable of any