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 â—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 enâ—â—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 arâ—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 oâ— 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 iâ— 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 amerâ—ed only 10 pounds and all under only 5 l. and this to be done by their Peers accordâ—ng to Magna Charta alâ—hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm beâ—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 noâ— by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8â— 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 noâ— 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 quateâ—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
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
Vindicta est mihi for all punishments do proceed from him in some of his Courts of Justice and it is not lawful for any Subâ—ect to revenge himself So he onely can be Judge in his own Cause though he deâ—â—ver his Judgement by the Mouth of his Judges And yet there are some â—hings that the King of England cannot do Rex Angliae â—ihil injuste potest and the King cannot devest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent and annext to the Crown not that there â—s any defect in the Kings Power as there is none in Gods Power though he cannot lie nor do any thing that implies Contradiction not but that the King of England hath as absolute a power over all his Subâ—ects as any Christian Prince rightfully and lawfully hath oâ— ever had not but that he still hath a kind of Omnipotency noâ— to be disputed but adored by his Subjects Nemo quidem 〈◊〉 factis ejus praesumat disputarâ— saith Bracton multo minuâ— contra factum ejus ire nam dâ—â— Chartis Fact is ejus non debenâ— neâ— possunt Justiciarii multâ— minus privatae personae disputare Not but that the King may do what he please without either opposition or resistance and without being questioned by his Subjects for the King cannot be impleaded for any Crime no Action lieth against his Person because the Writ goeth forth in his own Name and he cannot arrest himself If the King should seize his Subjects Lands which God forbid or should take away his Goods having no Title by Law so to do there is no remedy Onely this Locus erit saith the same Bracton supplicationi quod factum suum corrigat emendet quod quidem si non fecerit sufficit ei â—d paenam quod Dominum Dèum expectet Vltorem There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law which if he shall refuse to do it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects But there are also divers things which the King cannot do Salvo jure Salvo Juramento Salvâ Conscientia sua Because by Oath at his Coronation and indeed without any Oath by the Law of Nature Nations and of Christianity he holds himself bound as do all other Christian Kings to protect and defend his people to do justice and to shew mercy to preserve Peace and Quietness amongst them to allow them their just Rights and Liberties to consent to the Repealing of bad Laws and to the Enacting of good Laws Two things especially the King of England doth not usually do without the consent of his Subjects viz. make New Laws and raise New Taxes there being something of Odium in both of them the one seeming to diminish the Subjects Liberty and the other his Property therefore that all occasion of disaffection towards the King the Breath of our Nosthrils and the Light of our Eyes as he is stiled might be avoided it was most wisely contrived by our Ancestors that for both these should Petitions and Supplications be first made by the Subject These and divers other Prerogative rightfully belong and are enjoyed by the King of England Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land as the great God doth the World by the Laws of Nature yet in some Cases for the benefit not damage of this Realm they make use of their Prerogatives as the King of Kings doth of his Extraordinary Power of Working of Miracles Lastly To the Kings of England quatenus Kings doth appertain one Prerogative that may be stiled super-excellent if not miraculous which was first enjoyed by that pious and good King Edward the Confessor which is by the touch to remove and to cure the Struma that stubborn disease commonly called the Kings Evil. In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from his Subjects more Reverence Honour and Respect than the King of England All his People at their first Addresses kneel to him he is at all times served upon the Knee all Persons not the Prince or other Heir Apparant excepted stand bare in the presence of the King and in the Presence Chamber though in the Kings absence Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that by Patent he might at any time be covered in her presence but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the principal Nobility there called Grandees of Spain Any thing or Act done in the Kings Presence is presumed to be void of all deceit and evil meaning and therefore a Fine levied in the Kings Court where the King is presumed to be present doth bind a Feme Covert a married Woman and others whom ordinarily the Law doth disable to transact The Kings only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch of Justice he useth no other Witness but himself viz. Teste me ipso Of the Kings Succession to the Crown of ENGLAND THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England Upon the Death of the King the next of Kindred though born out of the Dominions of England or born of Parents not Subjects of England as by the Law and many Examples in the English Histories it doth manifestly appear is and is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Crown of England descends from Father to Son and to his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brother to the Sister and her Heirs The Salique Law or rather Custom of France hath here no more force than it had anciently among the Jews or now in Spain and other Christian Hereditary Kingdoms Among Turks and Barbarians that French Custom is still and ever was in use In Case of descent of the Crown contrary to the Custom of the descent of Estates among Subjects the Half Blood shall inherit so from King Edward the Sixth the Crown and Crown Lands descended to Queen Mary of the half blood and again to Queen Elizabeth of the half blood to the last Possessor At the death of every King die not only the Offices of the Court but all Commissions granted to the Judges durante beneplacito and of all Justices of Peace If the King be likely to leave his Crown to an Infant he doth usually by Testament appoint the person or persons that shall have the tuition of him and sometimes for want of such appointment a fit person of
his Subdean is Doctor Jones whose Fee is 100 l. yearly The Fee of each Priest and Clerk of the Chappel is 70 l. yearly The Clerk of the Closet is Doctor Blandford Bishop of Oxford hath no Fee The Lord High Almoner is Doctor Henchman Bishop of London hath no Fee his Sub-Almoner is Doctor Perinchef whose Fee is 6 l. 6 s. 10 d. Of the Civil Government of His Majesties Houshold FOr the Civil Government of the Kings Court the Chief Officer is the Lord Steward quasi Stede ward Locum tenens called also in the time of Henry 8. the Great Master of the Kings Houshold after the French Mode but Primo Mariae and ever since called the Lord Steward of the Kings Houshold He hath Authority over all Officers and Servants of the Kings House except those of His Majesties Chappel Chamber and Stable c. He judgeth of all disorders committed in the Court or within the Verge which is every way within 12 miles of the chief Tunnel of the Court only London by Charter is exempted for the Law having an high esteem of the dignity of the Kings settled Mansion House laid out such a Plot of ground about his House as a half-pace or Foot-Carpet spread about the Kings Chair of Estate that ought to be more cleared and void than other places to be subject to a special exempted jurisdiction depending on the Kings Person and Great Officers that so where the King comes there should come with him Peace and Order and an Awfulness and Reverence in mens hearts besides it would have been a kind of eclipsing of the Kings Honour that where the King was any Justice should be sought but immediately from the Kings own Officers and therefore from very antient times the Jurisdiction of the Verge hath been executed by the Lord Steward with great Ceremony in the nature of a peculiar Kings Bench and that not only within but without the Kings Dominions for so it is recorded that one Engleam of Nogent in France for stealing Silver dishes out of the House of Edward 1. King of England then at Paris after the matter had been debated in the Council of the King of France touching the Jurisdiction and ordered that the King of England should enjoy this Kingly Prerogative of his Houshold was condemned by Sir Robert Fitz-John then Steward to the King of England and hanged in St. Germans Fields The Lord Steward is a White Staffe Officer for he in the Kings Presence carrieth a White Staffe and at other times going abroad it is carried by a Foot-man bare-headed At the death of the King over the Hearse made for the Kings Body he breaketh this Staffe and thereby dischargeth all the Officers whom the succeeding King out of his meer grace doth re-establish each one in his former Office This eminent Emploiment is now enjoyed by James Duke of Ormond Lord Lieftenant of Ireland whose Fee is 100 l. yearly and 16 Dishes daily each Meal with Wine Beer c. The next Officer is the Lord Chamberlain who hath the over-sight of all Officers belonging to the Kings Chamber except the Precincts of the Kings Bed-Chamber which is wholy under the Groom of the Stool and all above Stairs who are all sworn by him or his Warrant to the Gentlemen Ushers to the King He hath also the over-sight of the Officers of the Wardrobes at all his Majesties Houses and of the removing Wardr or of Beds of the Tents Revels Musick Comedians Hunting and of the Messengers of the Trumpetters Drummers of all Handy-Crafts and Artisans retained in the Kings Service Moreover he hath the over-sight of the Heraulds and Pursivants and Sergeants at Arms of all Physitians Apothecaries Surgeons Barbers c. To him also belongeth the over-sight of the Chaplains though himself be a Lay-man contrary in this particular to the Antient Custom of England and Modern Custom of all other Kingdoms where Ecclesiastiques are never under the ordering of Lay-men The Fee of the Lord Chamberlain of the Kings House is 100 l. yearly and 16 Dishes each Meal with all the Appurtenances This Office is now in the hands of Edward Montague Lord Montague and Earl of Manchester Most of the above-named Offices and Places are in the Gift and Disposal of the Lord Chamberlain The Third Great Officer of the Kings Court is the Master of the Horse antiently called Comes Stabuli or Constable to whom a higheâ— Employment and Power was then given and this taken from him This great Officer hath now the ordering and disposal of all the Kings Stables and Races of Horses and had heretofore of all the Posts of England He hath also the power over Escuiries and Pages over the Footmen Grooms Riders of the Great Horses Farriers Smiths Coach-men Sadlers and all other Trades working to the Kings Stables to all whom he or by his Warrant the Avener giveth an Oath to be true and faithful He hath the Charge of all Lands and Revenues appointed for the Kings breed of Horses and for Charges of the Stable and for Litters Coaches Sumpter Horses c. Also for the Charges of Coronations Marriages Entries Cavalcades Funerals c. He only hath the Priviledge to make use of any Horses Pages Foot-men belonging to the Kings Stable At any Solemn Cavalcade he rides next behind the King and leads a Lear Horse of State This great honour is now enjoyed by George Monk Duke of Albemarle in consideration of his unparalleld Services to the King to his Crown and Dignity at a juncture of time when his Affairs and Friends were in a very desperate condition His yearly Fee is 666 l. 16 s. 4 d. Under these Three Principal Officers of His Majesties Houshold are almost all the other Officers and Servants First under the Lord Steward in the Compting-House is the Treasurer of the Houshold Comptroller Cofferer Master of the Houshold Two Clerks of the Green-Cloth Two Clerks Comptrollers One Sergeant Two Yeomen The Cofferers Clerk The Groom Two Messengers It is called the Compting-House because the Accompts for all Expences of the Kings Houshold are there taken daily by the Lord Steward the Treasurer the Comptroller the Cofferer the Master of the Houshold the two Clerks of the Green Cloth and the two Clerks Comptrollers who also there make Provisions for the Houshold according to the Law of the Land and make Payments and Orders for the well governing of the Servants of the Houshold In the Compting-House is the Green-Cloth which is a Court of Justice continually sitting in the Kings House composed of the Persons last mentioned whereof the three first are usually of the Kings Privy Council To this Court being the first and most ancient Court of England is committed the charge and oversight of the Kings Court Royal for matters of Justice and Government with Authority for maintaining the Peace within 12 miles distance wheresoever the Court shall be and within the Kings House the power of correcting all the Servants therein that
another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at 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 entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle â—n â—â—arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbeâ—ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Veâ—dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
Honourable Estate nor to be a Commander over Souldiers and therefore the English Nobility and Gentry till within late years judged it a stain and diminution to the honour and dignity of their Families to seek their Childrens support by Shop-keeping but only as in all great Monarchies by Military Court State or Church Emploiments much less to subject their Children to an Apprentisage a perfect Servitude for during that time whatever they gain by their Masters Trade or their own wit belongs all to their Master neither can they lie our of their Masters House noâ— take a Wife nor trade of their own but subject to all Houshold Work all Commands oâ— their Master undergo what punishment and eat and wear what their Master pleaseth which Marks of Slavery considered Heralds are of opinion that a Gentleman thereby loses his Gentility for ever till he can otherwise recover it and yet to the shame of our Nation we have seen of fare not onely the Sons of Baroners Knights and Gentlemen sitting in Shops and sometimes of Pedling Trades far more fit for Women and their Daughters but also an Earl of this Kingdom subjecting his Son to an Apprentisage and Trade but the folly of the English in swerving from their Ancestors steps herein as in other things is now apparent for those young Gentlemen possessing more noble and active Spirits could not brook such dull slavish lives and being thereby unfitted for other emploiments have generally taken ill debauched courses Priviledges The lower Nobility of England have fewer and lesse Priviledges than those in other Monarchies Some few Priviledges belong to Knights quatenus Knights 〈◊〉 a Knight be a Minor yet shall he be out of Wardship both for Lands Body and Marriage for though the Law doth judge him not able to do Knights Service till the Age of 21 years yet the King being Sovereign and Supreme Judge of Chivalry by dubbing him Knight doth thereby allow him to be able to do him Knights Service Knights are excused from attendance at Court-Leets They and their eldest Sons not compellable to find Pledges at the Visus Franci Plegii Knights by Magna Charta cap. 21. are so freed that no Demesne Cart of theirs may be taken The Son and Brother of a Knight by Statute law are capacitated to hold more than one Beenfice with cure of Souls By the Stat. Primo Jacobi It seems that Knights and their Sons though they cannot spend 10 l. per annum nor are worth 200 l. may keep Greyhounds Setting Dogs or Nets to take Pheasants or Partridges Some Priviledges also beâ—ong to Gentlemen Antientâ—y if an ignoble person did â—trike a Gentleman in England he was to lose his hand A Gentleman by Stat. Quint. Eliz. may not be comâ—elled to serve in Husbandry The Child of a Gentleman â—rought up to singing cannot â—e taken without the Parents â—nd Friends consent to serve â—n the Kings Chappel as others may The Horse of a Gentleman may not be taken to ride post Note That as there are somâ— Great Officers of the Crownâ— who for their Dignity anâ— Worth of their Places although they are not Noble men yet take place amongâ— the highest of the Higher Nobility so there are some Persons who for their Dignities in the Church-degrees iâ— the University Offices in thâ— State or Army although thâ— are neither Knights nor Gentlemen born yet take place amongst them So all Deanâ— Archdeacons Chancellours Prebends Doctors of Divinity Law and Physick Heads of Houses in the University usually take place nexâ— to Knights and before all Esquires and Gentlemen Likewise all Judges of Courts Mayors Bailiffs Justices of the Peace All Commissionated Officers in the Army as Colonels Master of Artillery Quarter-Master General c. All higher Officers in the Kings Court or State All Sergeants at Law c. These are wont to precede Esquires All Batchelors of Divinity Law and Physick all Doctors in the Arts commonly called Masters of Art all Barresters in the Innes of Court all Captains Officers in the Kings Houshold c. may equal if not precede Gentlemen that have none of those qualifications In England Gentry as in Germany all Nobility and Arms are held in Gavelkind descending to all the Sons alike only the eldest Son beareth Arms without difference which the younger may not Of the low Nobility in England the number is so great that there are reckoned at present above 500 Baronets more than the first intended number that is in all above 700 who are possest one with another of about 1200 l. a year in Lands Of Knights above 1400 who one with another may have about 800 l. Lands a year Of Esquires and Gentlemen above 6000 each one possest one with another of about 400 l. a year in Lands besides younger Brothers whose number may amount to about 16000 in all England who have small Estates in Lands but are commonly bred up to Divinity Law Physick to Court and Military Emploiments but of late too many of them to Shop-keeping The Lands in the possession of the lower Nobility will amount to about four Millions and sixty thousand pounds yearly Next to the lower Nobility and the first Degree of the Commons or Plebeans are the Freeholders in England commonly called Yeomen from the High Dutch Gemen or Gemain in English Common so in the Kings Court it signifieth an Officer which is in a middle place between a Sergeant and a Groom or else from the Low Dutch Yeman Some-body as the Spaniard calls a Gentleman Hidalgo Hijo d' algo that is the Son of Some-body The Yeomanry of England having Lands of their own to a good value and living upon Husbandry are lookt upon as not apt to commit or omit any thing that may endanger their Estates and Credits nor apt to be corrupted or suborned c. wherefore they are judged fit to bear some Offices as of Constable Churchwarden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire for Parliament c. In Cases and Causes the Law of England hath conceived a better opinion of the Yeomanry that occupy Lands then of Tradesmen Artificers or Labourers Husbandry hath in no age rendred a Gentleman ignoble nor uncapable of places of Honour Amongst the Romans some of the greatest Dictators and Consuls had been once Husbandmen and some of them taken from Plowing their Ground to bear those Highest Offices and Dignities so divers Princes Kings and Emperours have exercised Agriculture and the Grand Scipâ—o and the Emperour Dioclesian left their Commands to enjoy Husbandry By the Statutes of England certain Immunities are given to Freeholders and landed men though they are not Gentlemen Vide Stat. 1 Jacobi cap. 27. alibi Of the Free-holders in England there are more in number and richer than in any Countrey of the like extent in Europe 40 or 50 l. a year a piece is very ordinary 100 and 200 l. a year in some Counties is not rare Besides these
and that by reason of their Honourable Order and Employment and also to all Bannerets made under the Kings Banner or Standard displayed in an Army Royal in open War and the King personally present Note also That if any of the Degrees of Nobility above-mentioned are descended of the Blood Royal they are to have place of all those of the same Degree with them Moreover Observe that all the Nobles of the same Degree take place according to the Seniority of their Creation There are certain Marks of State that belong to each Degree amongst the Nobility which they may practise or not practise at pleasure A Duke may have in all places out of the Kings presence a Cloth of Estate hanging down within half a yard of the ground so may his Dutchess and her Train born up by a Baron and no Earl to wash with a Duke without the Dukes pleasure A Marquiss may have a Cloth of Estate reaching within a yard of the ground and that in all places out of the presence of the King or a Duke and his Marchioness to have her Train born by a Knights Wife and no Vicount to wash with a Marquiss but at his pleasure An Earl also may have a Cloth of Estate without Pendants but only Fringe and a Countess may have her Train born by a Gentlewoman out of the presence of her Superiours and in their presence by a Gentleman A Vicount may have a Cover of Assay holden under his Cup while he drinks but no Assay taken as Dukes Marquisses and Earls may have And a Vicountess may have her Gown born up by a Woman out of the presence of her Superiours and in their presence by a Man A Baron may also have the Cover of his Cup holden underneath whilst he drinketh and a Baroness may have her Gown born up by a man in the presence of a Vicountess All Dukes eldest Sons be as Earls and the younger as Lords with the addition of their Christian Names as Lord Thomas Lord John c. A Dukes eldest Son of the Blood Royal shall take place of a Marquiss that is not and of an Earl that is of the Blood Royal. A Marquisses eldest Son is called Lord of a place and the younger Sons Lord Thomas Lord John c. A Marquisses eldest Son of the Blood Royal shall go before an Earl that is not and of a Vicount that is of the Blood Royal. An Earls eldest Son is called Lord of a place and all his Daughters Ladies but his younger Sons not Lords An Earls eldest Son of the Blood Royal takes place of a Vicount that is not and of a Lord that is of the Blood Royal. A Vicounts eldest Son is no Lord nor his Daughters Ladies and therefore the eldest Son and the eldest Daughter of the first Vicount of England is said to be the first Gentleman and Gentlewoman without Title in England A Vicounts eldest Son of the Blood Royal takes place of all Barons The Princes of the Blood the Great Officers of the Realm and the Bishops are to precede according to an Act of Parliament 31 H. 8. The Lord Chancellour Lord Treasurer Lord President of the Kings Council Lord Privy Seal These being Barons or above shall in Parliament sit above all Dukes except the Son Brother Grand-Child or Nephew of the King The Lord High Steward of England is not here named because it was intended that he should not continue beyond the occasion for which he should be made Next hath place the Lord Great Chamberlain of England then the Lord High Constable the Earl Marshal the Lord High Admiral Lord Steward of the Kings Houshold Lord Chamberlain of the Kings Houshold These shall sit after the Lord Privy Seal above all of their Degree only And if the Kings Principal Secretary be a Baron he takes place of all Barons that are not of the Offices before mentioned but if he be a Vicount or higher Degree he shall take place only according to his Degree Also if the Kings Secretary be a Bishop as antiently was usual he takes place next to the Bishop of Winchester of all other Bishops that have none of the Offices aforesaid All Dukes Marquisses Earls Vicounts and Barons not having any of the said Offices shall take place according to the antiently of their Creation All Dukes eldest Sons have the Title of Earls and the eldest Son of an Earl hath the Title of the Earls Barony and sometimes of the Vicountry according to the Patent A Catalogue of the Peers of England according to their Precedence Dukes of the Royal Blood JAMES Duke of York and Albany Earl of Ulster Lord High Admiral of England the Kings only Brother Rupert Duke of Cumberland and Earl of Holderness Edgar Duke of Cambridge The Lord Chancellour or Lord Keeper of the Great Seal the Lord Treasurer and the Lord Privy Seal take place before all Dukes not of the Blood Royal. Dukes Thomas Howard Duke of Norfolk William Seymour Duke of Somerset George Villars Duke of Buckingham Charles Stuart Duke of Richmond George Monk Duke of Albemarle James Scot Duke of Monmouth William Cavendish Duke of Newcastle Marquisses John Pawlet Marquiss of Winchester Edward Somerset Marquiss of Worcester Henry Pierrepont Marquiss of Dorchester Earls These three take place in respect of their Offices Bertue Earl of Lindsay Lord High Chamberlain of England James Butler Earl of Brecknock Lord Steward of the Kings Houshold Edward Montague Earl of Manchester Lord Chamberlain of the Kings Houshold Earls Awbrey de Vere Earl of Oxford Algernon Percy Earl of Northumberland Francis Talbot Earl of Shrewsbury Anthony Grey Earl of Kent Charles Stanley Earl of Derby John Mannours Earl of Rutland Theophilus Hastings Earl of Huntingdon William Russel Earl of Bedford Philip Herbert Earl of Pembroke Theophilus Clinton Earl of Lincoln Charles Howard Earl of Nottingham James Howard Earl of Suffolk Richard Sacvile Earl of Dorset William Cecil Earl of Salisbury John Cecil Earl of Exeter John Edgerton Earl of Bridgewater Robert Sydney Earl of Leicester James Compton Earl of Northampton Charles Rich Earl of Warwick William Cavendish Earl of Devonshire Basil Fielding Earl of Denbigh George Digby Earl of Bristol Lionel Cranfield Earl of Middlesex Henry Rich Earl of Holland John Hollis Earl of Clare Oliver St. John Earl of Bullingbroke Mildmay Fane Earl of Westmorland Montague Earl of Manchester Thomas Howard Earl of Berkshire Thomas Wentworth Earl of Cleveland Edward Sheffield Earl of Mulgrave Thomas Savage Earl Rivers Bertue Earl of Lindsay Nicolas Knowles Earl of Banbury Henry Cary Earl of Dover Henry Mordant Earl of Peterborough Henry Grey Earl of Stamford Henage Finch Earl of Winchelsey Charles Dormer Earl of Caernarvon Montjoy Blunt Earl of Newport Philip Stanhop Earl of Chesterfield John Tufton Earl of Thanet William Wentworth Earl of Strafford Robert Spenser Earl of Sunderland James Savil Earl of Sussex George Goring Earl of Norwich Nicholas Leak Earl of Scarsdale John