Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
the City of London â—â—â—â—â—e his Coronation which was on Monday tâ—e 22 th of April 1661. First the Duke of York's Horse Guard Messengers of the Chambers in their Coats with the King's Arms before and behind Esquires to the Knights of the Bath in number 140. Knight Harbinger and Serjeant Porter Sewers of the Chamber Gentlemen Ushers Quarter Waiters in Cloaks Clerks of the Chancery 6. Clerks of the Signet 4. Clerks of the Privy Seal in Gowns Clerks of the Council 4. in Cloaks Clerks of the Parliament 2. Clerks of the Crown 2. in Gowns Chaplains having Dignities 10. in Gowns and square Caps The King's Advocate The King's Remembrancer Masters of the Chancery The King's Counsel at Law 2. in Gowns The King's puisne Serjeants 2. The King's Attorney The King's Solicitor The King's eldest Serjeants 2. in Gowns Two Secretaries of the French and Latin Tongue in Gowns Gentlemen Ushers Daily Waiters in Cloaks Sewers in Ordinary in Cloaks Carvers in Ordinary in Cloaks Cup-bearers in Ordinary in Cloaks Esquires of the Body 4. The Effigies of the Right honble Heneage Lord Finch Baron of Daventry Lord High Chancellor of England one of the Lords of the most honble Privy Councell to King Charles ye. second Anno DnÌ„i 1676. The Effigies of the Right honble Anthony Earle of Shaftsbury Baron Ashley of Wimbourne St Giles Ld. Cooper of Pawlet Ld. High Chancellor of England Ld. Leiutenant of the County of Dorset and â—one of the Lords of ye. most honble Privy Councellâ— to King Charles yâ— 2d. Anno Domini â—673 Masters of standing Offices Tents 1. in Cloaks Masters of standing Offices Revels 1. in Cloaks Masters of standing Offices Ceremonies 1. in Cloaks Masters of standing Offices Armory 1. in Cloaks Masters of standing Offices Wardrobe 1. in Cloaks Masters of standing Offices Ordnance 1. in Cloaks Masters of the Requests 4. Chamberlains of the Exchequer 2. in Gowns Gentlemen of the Privy Chamber in Cloaks Knights of the Bath 68. in long Mantles with Hats and Feathers The Knight Marshal in a rich Coat Treasurer of the Chamber Master of the Jewel House in Cloaks Barons younger Sons Viscounts younger Sons Barons of the Exchequer 3. in Robes and Caps Justices of the King's Bench and Common Pleas 6. in Robes Caps and Collars Lord Chief Baron of the Exchequer Lord Chief Justice of the Common Pleas in Robes Caps and Collars Master of the Rolls in a Gown Lord Chief Justice of the King's Bench in his Robe Cap and Collar Knights of the Privy Council in Cloaks Barons eldest Sons Earls younger Sons Viscounts eldest Sons Kettle Drums The King's Trumpeters in rich Coats The Serjeant Trumpeter with his Mace Two Pursuevants at Arms in their Coats of Arms. Barons 51. in Cloaks Marquisses younger sons Earls eldest Sons Two Pursuevants at Arms in their Coats of Arms. Viscounts 7. Dukes younger Sons Marquisses eldest Sons Two Heralds in their Coats with Collars of SS Earls 32. in Cloaks Lord Chamberlain of the King's Houshold with his white Staff Dukes eldest Sons Two Heralds in Coats with Collars of SS Two Marquisses in Cloaks Two Heralds in Coats with Collars of SS The Duke of Buckingham Clarencieux King at Arms in Coats with Collars of SS Norroy King at Arms in Coats with Collars of SS The Lord Treasurer with his white Staff The Lord Chancellor with the Purse The Lord High Steward with his white Staff Two Persons one representing the Duke of Aquitain and the other the Duke of Normandy in broad Caps and Robes of Ermyn The Gentleman Usher with the black Rod on the right hand bareheaded in a rich Cloak Garter King of Arms bareheaded in his Coat and Collar of SS The Lord Mayor of London carrying the City Scepter on the left hand bareheaded The Duke of York Serjeants at Arms with their Maces 8 on a side from the Sword forwards in rich Cloaks The Lord Great Chamberlain on the right hand The Sword born by the Earl of Suffolk Marshal pro tempore The Earl of Northumberland Lord Constable of England pro tempore on the left hand Gentlemen Pensioners with Pole-Axes The King Gentlemen Pensioners with their Pole-Axes Esquires Footmen The Master of the Horse leading a spare Horse The Vice Chamberlain Captain of the Pensioners Captain of the Guard The Lieutenant of the Pensioners the King's Horse Guard The Lord General 's Horse Guard As in Man's Body for the preservation of the whole divers Functions and Offices of Members are required even so in all well governed Common-wealths a distinction of persons is necessary and the policy of this Realm of England for the Government and Maintainance of the Common-wealth hath made a threefold Division of persons that is to say First the King our Soveraign Monarch under which Name also a Soveraign Queen is comprised as it is declared by the Statute made in the first of Queen Mary cap. 1. Parliam 2. Secondly the Nobles which comprehend the Prince Dukes Marquisses Earls Viscounts and Lords Spiritual and Temporal Thirdly the Commons by which general word is understood Baronets Knights Esquires Gentlemen Yeomen Artificers and Labourers It is observed that our Law calleth none Noble under the Degree of a Baron and not as men of Forreign Countries do use to speak with whom every man of Gentle Birth is counted Noble For we daily see that both Gentlemen and Knights do serve in Parliament as Members of the Commonalty Neither do these words the Nobles the high and great men in the Realm imply the Person and Majesty of the King but with the Civilians the King is reckoned among the Nobility The Nobility are known by the general Name of Peers of the Realm or Barons of England for Dukes Marquisses Earls and Viscounts did anciently sit together in the King 's great Council of Parliament as Barons and in right only of their Baronies And therefore by the general Name of Barons of the Realm and for the Baronage thereof we underâ—â—and the whole Body of the Nobility the Parliament Robes of the Dukes differing nothing from the Barons but that they wear the Guards upon their Shoulders three or four folds For though Dukes Marquisses Earls and Viscounts in their Creations are attired with Ornaments of Silk and Velvet yet in Parliament they use the same that Barons do made of Scarlet with divers differences of white Fur set as Fringes or Edgings on their Shoulders and although they sit in right of their Baronies yet they take their places according to their degrees of Dignity And hence it is that those bloody Civil Wars concerning the Liberties granted in the Great Charter both in the time of King Iohn and Henry the Third his Son prosecuted by all the Nobility some few excepted are called in our Histories the Barons Wars Neither have the Spiritual Lords any other Title to that preheminence but by their ancient Baronies For although originally all the possessions of Bishops Abbots and Priors were given and holden in Frank Almoign most of
Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
it goeth by Seniority The Opinion of some men lately hath been That Knights Lieutenants that is to say such Knights as either have been Ambassadors in Foreign Parts or Judges within the Realm may and ought to have during their lives precedency above men of their own rank after their Offices expire and sub Iudice his est not determined by Judgment But admitting it so to be by way of Argument in that case yet the Heralds do deny that priviledge to the Lord Mayor and Aldermen of London or Justices of the Peace who have their limited Jurisdiction of Magistracy confined them but the former are generally Magistrates throughout the Realm and their employment concerneth the whole Commonwealth and having the publick Justice and Honour of the whole Estate committed unto them do more meritoriously draw from thence a great respect of Honour according to the generality of their Administration and Employments which an inferiour and more conâ—â—ned Magistrate cannot have The name of a Knight is a name of Dignity and a Degree as is the name of Duke Earl c. and in all Actions he shall be slyled Knight otherwise the Writ shall abate A Knight also must be named by both his Chriâ—tian and Surnames as Sir A. B. Knight But those Degrees honourable that are made by Patent may be named only by their Christian Names and by their Title of Honour as Gilbert Earl of Shrewsbury and that for two causes First because of their solemn Creations nomen dicitur à noscendo Secondly there is but one part of that Title of Honour within England and therefore it is certain what person he is but otherwise of Knights as it is certainly known in the 8 Edw. 4.24 a. And Prisot Chief Justice saith in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight he loseth his Name of Esquire but though a Knight be made a Nobleman or of any higher Degree he doth still retain the name of Knight and so ought to be styled in all Writs Also if a man do recover in an Action by the Name of Iohn Stiles Esq and afterwards be made a Knight he must sue his Scire Facias by the Name of Knight And this name shall not die with him for if they were bound in an Obligation by the Name of Gentlemen or Esquires and afterwards one is made a Knight and dieth the Plaintiff in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate If a Grant be made to H. D Knight when he is not a Knight it is a void Grant but if it be a Feoffment with Livery the Livery maketh it good If the Plaintiff or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiff may not have another Writ by Iourneys accompt But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted That albeit any person or persons being Justices of Assize Justices of Goal-delivery or Justices of the Peace within any of the King's Dominions or by any other of the King's Commissions whatsoever shall have the fortune to be made or created Duke Archbishop Marquess Earl Viscount Bishop Baron Knight Justice of the one Bench or of the other Serjeant at Law or Sheriff yet that notwithstanding he and they shall remain Justices and Commissioners and have full power and authority to execute the same in like manner and form as he or they might or ought to have done before the same By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth That every Writ Original of Actions personal Appeals and Indictments and in which an Exigit shall be awarded to the names of the Defendants in such Writs Oginal Appeals and Indictments shall be made the Additions of their Estate Degrees c. And a little after it is provided That if the said Writs of Actions Personal be not accordding to the Record and Deed by the Surplusage of the Additions aforesaid that for this cause they are not Iohn Sâ—iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight the Bond is forfeited W. B. by his Attorney draweth a Note or Title for an Original according to the Defendants Degree although it varies from the Original Specialty as it ought to be made by the Statute But the Cursitor mistaking did make the Original only according to such Addition as was specified in the Obligation omitting his Degree or Dignity and the Entry of the Capias alias pluris was according to the said Original But in the Exigit and Proclamation and Entry of it the Defendant was named according to his Degree of Dignity upon a Writ of Error after a Judgment doubt was If this might be amended in another Court than where the Original was mâde and at the last it was resolved by all the Court That the Record should be amended by the Cursitor and made according to the Note and Title delivered unto him by the Attorney It appeareth in our Books of Law that the highest and lowest Dignities are universal for as if a King of a Foreign Nation come into England by his Majestie 's leave as it ought to be in this case he shall sue and be sued by the Name of a King So shall a Knight sue or he sued by the name of a Knight wheresoever he received that Degree of Honour But otherwise it is as if a Duke Marquess Earl or other Title of Honour given by any Foreign King or Emperor yea although the King by his Letters Patents of safe Conduct do name him Duke or by what other Foreign Title of Dignity he hath For Experience teacheth that Kings joyned in League together by a certain mutual and as it were a natural power of Monarchs according to the Law of Nations have admitted one anothers Servants Subjects and Ambassadors graced with the Title of Knighthood Therefore though a Knight receive his Dignity of a Foreign Prince he is so to be stiled in all Legal Proceedings within England And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands thinking that it was more honourable to take Arms of some other leâ—t affection might seem to prevent Judgment when the Father gave them that Honour Thus our King Henry the Second sent unto David King of Scots and Malcombe King of Scots unto our Henry the Second and our Edward the First unto the King of Castile to take of them Military Arms For these terms and phrases they used in that Age for the Creation of a Knight And Knights in all Foreign Countries have ever place and precedency according to their Seniority of being Knighted which priviledge is denied to Noblemen for be they never so ancient in Foreign Countries they shall go below as Puisnes The Degree of Knighthood is not only a Dignity and Honour
time but by a Statute made the Twelfth of Edward the First Wales was incorporated and united to England and became part thereof Also by another Statute made 27 Hen. 8. c. 24. a general resumption of many Liberties and Franchises heretofore granted or taken from the Crown as the Authority to pardon Treasons Murder Manslaughter and Felony also power to make Justices in Oyer Justices of Assize Justices of the Peace Goal deliveries and such like so that from thenceforth the King 's eldest Son hath only the Name and Style of Prince of Wales but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent may appear HENRY by the Grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Iustices Viscounts Governors Ministers and to all our Bayliffs and faithful Subjects Greeting Out of the Excellency of Royal Preheminence like leaves from the Sun so do inferior humours proceed neither doth the integrity of Royal Lustre and Brightness by the natural disposition of the Light affording Light feel any loss or detriment by such borrowed Lights yea the Royal Scepter is also much the more extolled and the Royal Throne exalted by how much the more Nobleness Preheminencies and Honours are under the power and command thereof And this worthy Consideration allureth and induceth us with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward in whom we behold and see our self to be honoured and our Royal House also and our people subject to us hoping by the grace of God by conjecture taken of his gracious future proceedings to be the more honourably strengthened that we may with honour prevent and with abundant grace prosecute him who in reputation of us is deemed the same with us Wherefore by the counsel and consent of the Prelates Dukes Earls Viscounts and Barons of our Kingdom being in our present Parliament We have made and created and by these Presents do make and create him the said Edward Prince of Wales and Earl of Chester And unto the same Edward do give and grant and by this Charter have confirmed the Name Style Title State Dignity and Honour of the said Principality and Connty that he may therein in Governing Rule and in Ruling direct and defend we say by a Garland upon his Head by a Ring of Gold upon his Finger and a Verge of Gold have according to the manner invested him to have and to hold to him and his Heirs the Kings of England for ever Wherefore we will and command for us and our Heirs that Edward our Son aforesaid shall have the Name Style Title State Dignity and Honour of the Principality of Wales and of the County of Chester aforesaid unto him and his Heirs the Kings of England for ever These being Witnesses the Reverend Father John Cardinal and Archbishop of Canterbury Primate of England our Chancellor and William Archbishop of York Primate of England Thomas Bishop of London John Bishop of Lincoln William Bishop of Norwich our most well beloved Cosins Richard Earl of Warwick Richard Earl of Salisbury John Earl of Wiltshire and our well beloved and faithful Ralph Cromwel Chamberlain of our House William Falconbridge and John Stourton Knights Dated at our Palace at Westminster the 15th day of March and in the year of our Reign 32. And here by the way may be observed That in ancient time and in the time of the English-Saxon Kings the use was as well in pennings of the Acts of Parliament as of the King's Letters Patents when any Lands Franchises or Hereditaments did pass from the King of any Estate of Inheritance as also in the Creations of any man unto Honour and Dignity the Conclusion was with the sign of the Cross in form aforesaid his testibus c. But long since that form hath been discontinued so that at this day and many years past the King's Patents for Lands Franchises and Hereditaments do conclude with Teste me ipso Nevertheless in all Creations of Honour and Dignity of Letters Patents the ancient form of concluding His testibus is used at this day And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince who is the Firstbegotten Son of the King and Heir apparent to the Crown for the time being perpetuis futuris temporibus be such Acts whereof the Judges and all the Realm must take Cognizance as of General Statutes For every Subject hath interest in the King and none of his Subjects who are within his Laws be divided from him being he is Head and Sovereign so that the business and things of the King do concern all the Realm and namely when it doth concern the Prince the Firstbegotten Son of the King and Heir apparent to the Crown Although the Prince by express words hath no priviledge by the Great Charter of the Forestâ— 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks passing by them and sent for by the King's Command yet the Prince is to take the benefit and advantage thereby as well as the Earls Bishops or Barons who are expressed Crompton's Courts des Iustices de Forest 167. In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament and other Assemblies was amongst other things made as followeth That no person or persons of what degree estate or condition soever his or they be of except only the King's Children shall at any time hereafter attempt to sit or have place on any side of the Cloth of Estate in the Parliament Chamber whether his Majesty be there personally present or absent The Prince shall not find Pledges for the prosecution of any Action and therefore shall not be amerced no more than the King or Queen should be The Prince is a distinct person from the King he is a Subject and holdeth his Principalities and Seigniories of the King and subject to the Law of the Land as a Subject And in token of the Prince's subjection he doth not upon his Posie in his Arms disdain the old Saxon words Ich Dieu I serve And there is a Case that Glascoine Chief Justice of England in the time of Henry the Fourth did commit the Prince who would have taken a Prisoner from their Bar in the King's Bench And the Prince did humbly submit himself and go at his Command And this did much rejoyce the King to see that he had a Judge so bold to administer Justice upon his Son and that he had a Son so gracious as to obey his Laws The Exercises befitting Princes whilst they are young are Chivalry and Feats of Arms and to adjoyn therewith the knowledge of the Law and God For it is the Duty and
certain Lands in Escuage like as the Knight himself did of the King by Knights Service The beginning of giving Arms in Europe amongst Christians is supposed from the Holy Wars for the Turks paint them not And so with us about Henry the Third's time they became here more firmly established And when the Prince enobled any he usually gave them the particular of his bearing in Blazon Iohn Selden in his Preface fol. 5. where you may also see an Example in King Richard the Second But now there are five distinct sorts of Esquires observed and those that have been already spoken of are now in no request Of these sorts the principal at this day are the eldest Sons of Viscounts and Lord next are all Noblemens younger Sons then are accounted those that are select Esquires for the King's Body the next are Knights eldest Sons successively in a fourth rank are reckoned those unto whom the King himself together with the Title giveth Arms or createth Esquires by putting about their Necks a Silver Collar of SS and in former times upon their Heels a pair of white silvered Spurs whereupon at this day in the Western part of the Kingdom they be called White-spurs for distinction from Knights who were wont to wear gilt Spurs and to the first begotten Sons only of these doth this Title belong In the fifth and last place be those that have any superiour publick Office in the Kingdom as high Sheriffs Justices of the Peace c. or serve the King in any worshipful Calling At the Coronation of Kings and Queens Knights of the Bath are made men of worth and honourable blood to the end that their Majesties may be accompanied in their own Honours every of which Knights having two Gentlemen to attend them in that Ceremony who are ever after by that Service enabled to be Esquires during their lives But the name of Esquire in ancient time was a name of Charge and Office and first crept in amongst other Titles of Dignity and Worship so far as ever I could observe in the Reign of King Richard the Second vide Sir Thomas Smith de Republica Anglorum fol. 26. where he saith That the Esquire is no distinct Order of the Commonwealth A Serjeant of the King's Kitchin may bear the Name and Addition of Cook or Esquire according to the Opinion of Newton But Ienne saith Such Officers of his Majestie 's Houshold would be much grieved if they should be named by their Trade or Office Peradventure in that case the Writ may be good because of the Statute viz. 1 Hen. 5. ch 5. For the Statute is That he should be named of the Town Degree State Condition or Mystery and when he was named Cook he observed the Statute for he hath named him by his own name of Mystery and yet he may be in that case an Esquire and a Cook If a man be an Esquire or Gentleman only by Office and loseth the same he loseth also that title of Gentility Note That an Esquire or Gentleman is but an Addition to satisfie the said Statute but names of Dignity are parcel of the name And thereupon if a Praecipe quod reddat be against Iohn a Stiles Yeoman and recovery is had whereas the Tenant was a Gentleman yet the Recovery is good The same Law where a Release is made to Iohn a Stiles Yeoman who is a Gentleman and where addition is given by the party where it needeth not by the Law being no Dignity it is void So if a deed be made to a Gentleman by the name of a Yeoman for there is a great difference between Deeds and Writs If an Esquire be to be Arraigned of High Treason he may and ought to be tried per probos Legales homines that may expend Forty shillings of Freehold or be worth One hundred pounds in the value of Goods And so the Statute that doth speak of men of his condition hath always been put in ure Dyer 99. b. Note a Knight hath no other priviledge by Statute or Common Law The King may make an Esquire by Patent viz. Creamus te Armigerum c. Note the Preface to the printed Book of Titles of Honour 5. b. 318. By the statute 21. Hen. 8. chap. 13. amongst other things it is enacted that the Brethren and Sons born in Wedlock of every Knight being Spiritual men may every of them purchase License or Dispensation and receive take and keep two Parsonages or Benefices with cure of souls The Son or Sons of any Knight and heir apparent of an Esquire is priviledge to keep Greyhounds setting Doggs or Nets to take Pheasants or Partridges though he cannot dispend ten pounds in his own right or in his Wives right of Estate of Inheritance or of the value of thirty pounds of Estate for life By the precedent discourse of Knights Batchelors we understand that all persons by the common Law are compellable to take the degree of Knighthood or to fine if they are possest of such an Estate as the King and his Council shall judge fit to maintain that Port in their Country And his annual Revenue deemed fit for that Dignity and the fines imposed upon such as refused we find in our Histories and Statutes to vary with the times and certainly the best Esquires or at least none under the Reputation of Gentlemen were compelled although 't was at the King's pleasure And therefore 1 Edw. 2. Stat. de Militibus the Parliament saith Sanderson more for ease of the Subject than profit of the King limited it to such as had Twenty pounds per Annum and better and afterwards 't was raised to Thirty pounds and a plentiful Revenue in those times when a Dowry of Three thousand pounds per Annum to a Queen was deemed a great impoverishment to the Crown and Kingdom but the East and Western part of the World being laid open to the Merchants money began to be more common and by consequence Land to its value so that in the reign of King Charles the First Forty pounds per Annum being the rate set for such as ought to be made Knights or to fine many Farmers Leaseholders Merchants Inholders and others were called in whereby above 100 thousand pounds was brought into the Exchequer Notwithstanding which divers persons made Friends and took the Degree of Knighthood which occasioned the extinguishment of the ancient Tax For many Esquires by birth wealth and education who bore the chiefest Offices of Honour and Trust in the Commonwealth disdained to stoop or give place to those new dubbed Knights countenanced the Complaints of the common people against the Law it self as a grievance and prevailed so far in the following Parliament to get it repeal'd as you may see 17 Car. chap. 20. Since which time the difference between the Degree of Knighthood and Dignity of an Esquire consists only in Title a double rate in the Pole Tax and priority of place which as I before noted is often
at pleasure and so it is adjudged and declared by Parliament in the First and Second of Philip and Mary cap. 8. fol. 156. But not between the Majestical Style of the King and the Title of Honour appertaining to a Subject this difference is between Grants or Purchases made by or to a Nobleman c. For in that first case it is necessary that the Name King be expressed otherwise they are void But if a Duke Earl or other Degree of Nobility do Purchase or Grant by the Name of Baptisme and Surname or other Title of Honour it is not void for it is a Rule in Law That every man's Grant shall be construed most to the benefit of him to whom the said Grant is made that it may rather be strengthened than made void for there is a great diversity in the Law between Writs and Grants For if Writs are not formally made they shall be abated which is only the loss of the same but if a Grant should be made void then the party hath no remedy to have a new one and for that cause the Law doth not favour Advantages by occasion of false Latin or such like mistake And if an Earl be Plaintiff or Demandant and having the Writ shall not abate but nevertheless he shall proceed and count by the Name of an Earl according to such Title of Honour as he did bear at the time of the Commencement of his Action But if the Plaintiff in a Quare Impedit be made Knight having the Writ shall abate There is a Statute made in the First of Henry the Fifth cap. 5. wherein is contained as followeth Item It is ordained and established That every original Writ of Actions personal Appeals and Indictments in which the Exigent shall be awarded in the names of the Defendants in such Writs original Appeals and Indictments additions shall be mâ—de of their Estates Degrees and Mysteries and the Towns Hamlets and Places and the County where they were or be conversant And if by Process upon the said original Writs Appeals or Indictments in which the said additions are omitted any Outlawries be pronounced that they be clearly void and that before these Outlawries pronounced the said Writs and Indictments shall be abated by the exceptions of the party wherein the said additions are omitted Provided that though the said Writs of Additions Personal be not according to the Records and Deeds by the surplusage of the Additions aforesaid that for this cause they be not abated And that the Clerks of Chancery under whose Names such Writs shall go forth written shall not leave out or make omission of the said Additions as aforesaid upon pain of punishment and to make fine to the King by the discretion of the Lord Chancellor or Keeper And this Ordinance shall begin to hold place at the suit of the party from the Feast of St. Michael then next ensuing Although addition of Estate Degree and Mystery to be added unto Names be written in the Statute first before the additions of the Places and Counties yet it hath been used always after the making of the said Statute to place the Addition of Estate Degree and Mystery after the Places and Counties in all Writsâ— Appeals and Indictments against common persons But the use is otherwise in Appeals and Indictments of Treason or Felony against Dukes Marquisses and Earls for their Names of Degrees are in such case put before the Additions of Places and Counties as Charles Earl of Westmoreland late of Branspit in the County of Durham Names of Dignity as Dukes Earls Barons Baronets Knights c. are contained within the word Degree for the Sate of a man is his Mystery Brook Chief Iustice of the Common Pleas in Abridgment of the Case of 14 Hen. 6. fol. 15. titulo Nosme de Dignitate Injuries done to the Name and Honour of a Nobleman IN the Second of Richard the Second c. 1. that Counterfeits and Spreaders abroad of false and reproachful words and lies against the Nobility Prelates and Great Men in publick Offices as the Lord Chancellor or Keeper the Lord Treasurer Lord Steward of the King's Houshold the Judges c. whereby Debates and Discord may arise between the said Lords and Commons to the great detriment of the Realm if due Remedy be not provided It is sâ—raitly Enacted upon grievous pain to eschew the said Dangers and Perils That from thenceforth none presume to tell or report any false and scandalous News against any of the persons aforesaid whereby discord or any slander might arise and he that doth the same shall incur the punishment ordained by the Statute of Westminster cap. 33. which wills that he be taken and imprisoned till he have found him that first reported the same And further by another Statute Anno 12 Rich. cap. 12. it was enacted moreover That when the said Offender is taken and imprisoned and cannot find him that first spake them then he shall be punished by the advice of the Council And to the intent that such evil disposed persons which by their lewd speeches and slanderous words or reports do endeavour to break and disquiet the peace of the Realm might the sooner be enquired of found out and punished by a Statute made in the first and second of Philip and Mary it was established That the Justices of the Peace in every Shire City and Town Corporate within the Limits of their several Commissions shall have full power to hear and determine the Causes abovesaid in the two Acts of Edw. 1. and 2 Rich. 2. specified and to put the said Statutes and every part thereof in due execution that condign punishment be not deferred from such Offenders And besides the said Penalties to be so inflicted on Transgresâ—ors every Nobleman or great Officer of the Realm against whom any scandalous words false news or lies are spoken may prosecute the Offender in any Action de scandalis magnatum and recover damages against him And in like manner may every inferiour person for any such like words of infamy spoken against him recover damages against the Offender And in former times speeches tending to the reproach of others were so odious that King Edgar ordained That his Tongue should be cut out that spake any infamous or slanderoas words of another And the said Lord Beauchamp did sue an Action upon the Statute of Richard the Second cap. 5. de scandalis magnatum against Sirâ— Richard Châ—â—fts because he did sue a Writ of forging of false Deeds against the said Lord Beauchamp and the Defendant doth justifie the said slander by use of the said Writ c. And upon Demurrer the matter of Justification was good so that he was not liable to the punishment of the said Statutes but was quite discharged from the same There is no foul puddle that ariseth from the same corrupt Quagmire and distilled likewise out of a heart infected with Malice and Envy but it devised and practised by another meaner than
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
illis some Knights were returned upon every Venire Facias By the Statute of Magna Charta cap. 12. It is ordained that Assizes of Novel Disseison and Mortdancester should not be taken any where but within the Countries where they happen by the Justices of Assize and the Knights of the Shire vide Westminster 2. chap. 30. And by the Seven and twentieth of Edward the First chap. 30. de finibus levandis amongst other things it is enacted That for the utility of the Realm and the more assured conservation of the Peace the Justices assigned to take Assizes in all Shires where they take Assizes as it is ordained immediately after the Assizes taken in the Shires shall remain both together if they be Lay and if one of them be a Clerk then one of the most discreet Knights of the Shire being associated unto him that is a Lay-man by our Writ shall deliver the Goals of the Shires as well within the Liberties as without of all manner of Prisoners after the form of the Goal Delivery of those Shires beâ—ore time used Also in the Statute of Westminster 21. cap. 38. de non ponendis in Assizis Iuratis it is provided that the said Statute shall not extend to Grand Assizes in which it behoveth many times Knights to pass not resident in the County for the scarcity of Knights so that they have Lands in the Shire And by the Law Knights having Land may be returned upon Juries in ordinary Trials between party and party as other Freeholders may be And therefore in a Challenge to the great Assize under Edward the Third one was challenged pur ceo qu'il fait abaner or as the Abridgment hath it a Baronet but it was not allowed and the Reason is given Car s'il soit à Baner ne tient pas per Baronie il serra en l'assise Of the double parity of England that is of Barons and all Dignities above them being Peers of the Realm and all other under them are Peers amongst themselves for notwithstanding that Dignity of Knighthood they are reckoned amongst the Commons And we daily see that Knights do serve in Parliament as Members of the Commonalty Nevertheless the Sheriff in his discretion will not impannel Knights but in special and great Causes As in Cases of Indictments of a Peer of the Realm they are to be enquired and found by Knights and Esquires though their Trial shall be only by their Peers And in 38 Hen. 8. Henry Howard Earl of Surrey Son and Heir apparent of Thomas Duke of Norfolk was attainted of High Treason and was tried also by Knights Esquires and Gentlemen and not by Lords or Peers of the Realm because he was not of that Dignity by Creation Since the use of making every Earl first a Baron of some place which began as most Writers treat about the time of Henry the Eighth it hath been a Custome to style their Heirs apparent Lords and Barons with the Title of their Father's Barony when Viscounts or Baron's Heirs apparent are only styled Esquires but this is only a piece of Civility and of meer fashion yet it is allowed of in Heraldry with whom the Rule is That the eldest Son of every one of a created Degree is as of the next Degree under him which may be applied to Dukes Earls and the like But in Legal Proceedings they enjoy no such matter nor have by their being Heirs Apparent any Prerogative of the greater Nobillty And in case where a Peer of the Realm is party Plaintiff or Defendant in any Action or Suit if the Sheriff do not return one Knight at the least to be of the Jury the said Noble Person may Challenge and for that only cause quash the whole pannel By the Statute of Carlisle 15 Edw. 2. it was enacted That he who levied a Fine should appear in proper person to the intent that his Age Idiocy or other defect might be discovered by the Judges Nevertheless upon Impotency whereby he cannot come in Court two or one of the Justices by the consent of the rest of the Justices shall go unto him and take his Recognizance and if but one of them go he shall take a Knight with him and shall certifie it in the Bench of Record to the intent that all things incident to the fine be examined by them and then the fine may be levied But after this good Statute a worse Custom and Use hath come in place For by a Dedimus potestatem out of Chancery to one Knight and to a Justice of the Peace of the County in such cases is procured and directed to a Knight and two others who perhaps be neither Knights nor Justices but perhaps men of small estimation and unto two or three of them without saying Quorum the Knight shall be one and two of them without the Knight have taken the Recognizance of the Fine ibid. 101. b. But great prejudice this practise of omitting the interposing of the usual Service of Knights in this behalf hath been to many and scandalous to the Law of the Land they sometimes taking Recognizances of a Fine from a Feme Covert as if she were sole and many times acknowledged by Justices If a Tenant do lay an Essoin de morbo lecti he may have a Writ out of the Chancery to warrant it by which it shall be commanded to four Knights to view him and if they see him sick then they are to give him day to the end of a year and a day Note the Register fol. 177. b. Quod Coronator non elegatur nisi sit miles in c. juxta formam Statuti Westm. 1. cap. 10. It is a received Opinion that Knights are excused from attendance at Leets and Britton 29. 36. is cited to prove it And by a large understanding of the intent and meaning of the Statute of Marlbridge chap. 10. For the ancient Common Law had such respect to the Degree of Knighthood that they nor their eldest Sons were compelled to find Pledges in the Leet or Law-days for the Statute of Marlbridge aforesaid was not Introductiva novae Legis for it was before the Conquest And the Common Law is not by this Statute abridged And by the Book called the Mirror of Iustice mentioned in the Preface to Coke's ninth part it is said that Knights are excepted And so it appears that the practice was as well before as immediately after the making of that Statute of Marlbridge and Interpretatio Practica is a principal way and form of Interpretation of Laws The Lord Chancellor's Speech in the Case of Postnati fol. 58. And in Divinity Praxis sanctorum est interpretatio praeceptorum ibid. 66. But a Knight and all Superiors and Inferiors are bound by Law to attend the County or Sheriffs Court wherein he dwelleth and at his peril to take notice of the proceedings thereof For if a Man be Outlawed of Felony at a County Court and one of the same County not
seated on the Frontiers of Portugal which the King gave to Ferdinando de Yannes Master of Evora to which Castle he and his Brethren removed from Evora The Badge of this Order is a green Cross flory like those of Calatrava They took upon them the Rule of St. Benedict and none were to be admitted into this Order but such as were Gentlemen by the Fathers and Mothers side two Descents Knights of the Wing of St. Michael DON Alphonso Henriquez King of Portugal being sorely oppressed by Albara the Moor King of Savil for the freeing his Country raised an Army and before he gave them Battel commanded all his Souldiers to pray to their particular Saints for happy Deliverance and the King offered up his Prayers to St. Michael the Arch-angel being the Saint he was much devoted unto When the Armies were engaged St. Michael as the Story goes appeared on the King's right side and fought against the Moors who were routed and lost the day And in Commemoration of this great Victory at his return home which was in the Year of our Lord 1171. or thereabouts he instituted this Order of Knighthood who for their Badge had a red Sword cross'd with Flowers de lis and this Motto Quis ut Deus These Knights before their growing out of use were of the Cistertian Order followed the Rule of St. Benedict and by their Obligation were to secure the Borders of the Countries against the Incursions of the Moors to defend the Christian Religion and to succour the Widows and Fatherless Knights of St. James THE Portugals being still oppressed by the Moors the King Don Denys the Sixth out of his great affection to relieve his people did in the year of our Lord 1310. institute this Order and by the Assistance of these Knights which were victorious in divers Battels at length he quitted his Kingdom of them for which signal Service they had many priviledges conferred upon them by the King which caused them much to flourish They profess Conjugal Chastity Hospitality and Obedience Their Ensign is a red Sword like that of St. Iames in Galicia Their Habit is white and none are to be admitted until they have proved their Gentility by Blood Knights of Christ. THE Knights Templars being dissolved and their Estates confiscated Don Denys King of Portugal sent to Pope Iohn the Two and twentieth to desire that an Order of Knights might be instituted in Castro Marin which was a Frontier Town of the Enemy and very commodious for the building a Fort for the resisting the Neighbouring Moors which did much annoy his Kingdom which request seemed so reasonable that the Pope in Anno 1319. instituted this Order commanding that they should observe the Cistertian Order and enjoy the same Priviledges and Indulgences formerly granted to their Great Master and Knights that they should take the Oath of Fidelity that all the possessions in the Kingdom of Portugal formerly belonging to the Knights Templars should belong to these Knights who were obliged to make War against the Neighbouring Moors Their Habit was black with a Cross Pattee Gules charged with another of Argent which they wore on their Breasts ORDERS OF KNIGHTHOOD IN FRANCE Knights of Iesus Christ. THIS Order of Knighthood was instituted in Anno 1206. by St. Dominick chiesly to fight against the Albigenses or Hereticks and prescribed to them a white Habit with a Cross flory quarterly Sable and Argent to be worn upon their Breasts and that they should elect a Master and this Order was approved of by Pope Innocent the Third in Anno 1215. They professed Obedience and Conjugal Chastity When their business was ended for which they were instituted they laid away their Arms and wholly devoted themselves to a Religious Life and admitted into their Society Widows and Virgins Knights of the Passion of Iesus Christ. THIS Order was instituted by Charles King of France and Richard the Second King of England for the Re-conquest of the Holy Land the overthrow of the Enemies of Christ and the advancement of the Catholick Faith amongst the Eastern people In the chief Convent of the Holy Chivalry which was to be beautified with stately Structures as Palaces a Castle a Church and to be richly endowed and in common amongst them that they might the better follow the Exercise of their Arms and other Duties all things of publick Concernment were to be heard and debated in the presence of the King by five sufficient Counsels The two principal Officers of the Chivalry were first the Grand Justiciary who had the disposal of all chief Offices and Places and to whom belonged the Judgment of all criminal Affairs and next the Grand Bailiff who was to administer both Civil and Criminal Justice besides several other Officers of a lower degree as the Potestate the Senator of the General Chapter the Ten Executors of Justice and the Charitable Commissaries c. And for their better living according to the Rules of Order they were to vow Obedience Poverty and Conjugal Chastity The Habits which these Knights were appointed to wear was a civil coloured Cloth Coat which should reach down half way their legs which was to be girt about them with a Girdle of Silk or Leather about two fingers broad a red Cap and over the said Coat a Mantle of white Cloth or Stuff with a red Cross of Cloth or Serge about two fingers broad which was on the Breast from the top to the bottom and so round the Waist The number of these Knights were to be about One thousand and each Knight was to have his Esquire armed at all points with three Varlets one to carry his Helmet and Launce another to carry his Mail and the third to lead his Sumpter and in time of Peace two or three Horses and Servants according as the Ability of the Chivalry would allow But although this Order was erected upon so good a Design yet no great progress was made therein for it died almost in its birth Knights of the blessed Virgin Mary of Mount Carmel KIng Henry the Fourth being desirous to have a new Order of Knighthood made his application to Pope Paul the Fifth who in Anno 1608. confirmed this Order and prescribed divers things according to the desire of the King necessary to the Institution and further ordained Pensions to the Great Master and Knights out of certain Ecclesiastical Benefices in several places in France Upon this the Commandaries and Hospitals of St. Lazarus in France were disposed of for the maintenance of these new erected Knights and those Knights of St. Lazarus that remained in the said Kingdom were joyned unto these These Knights by their Institution are to be choice Gentlemen of France whose Duty is to attend the King's person upon any Expedition of War they also are to fight against the Enemies of the Roman Church and they vow Obedience and Chastity This Order consists of One hundred Their Feast is celebrated Annually on the Sixteenth of Iuly
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