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
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
but afterwards the Lord upon such dislike or other cause do discharge any of them from their attendance or service the Lord in this case cannot retain other thereby to give them priviledge during the life of them so retained and discharged And the reason thereof is because the first Chaplains were lawfully retained and by virtue thereof during their lives might purchase Dispensations to have advantage according to the Statute and therefore if the discharge of their service and attendance might give liberty to the Lord to retain others by such means he might advance Chaplains without number by which the Statute might be defrauded And the said Statute must be strictly construed Non-residents Pluralities as a thing prejudicial to the service of God and the ordinary instruction of the people of God By the Statute 3 Hen. 7. cap. 4. it is enactect as followeth Forasmuch as by quarrels made to such as have been in great Authority Office and of Council with the King 's of this Realm hath ensued the destruction of the Kings and therefore the undoing of this Realm so as it hath evidently appeared when the compassing of the death of such as were of the King 's true Subjects was had the destruction of the Prince was imagined thereby and for the most part it hath grown and been occasioned by malice of the King 's own Houshold Servants and for that by the Laws of this Land if actual deeds were not there was no remedy for such false compassing imaginations and confederacies had against any Lord or any of the King's Council or great Officers in his Houshold and so great inconveniences did ensue because such ungodly demeanours were not strictly punished before that any actual deed was done for remedy whereof it was by the said Statute ordained That the Steward Treasurer or Comptroller of the King's Houshold for the time being or one of them shall have full authority to enquire by twelve discreet persons of the Check Roll of the King 's honourable Houshold if any person admitted and sworn the King's Servant and his name put in the Check Roll in any quality or degree whatsoever under the state of a Lord do make any Confederacies or Conspiracies with any person or persons to destroy or murther the King or any Lord of this Realm or any other person sworn to the King's Council Steward Treasurer or Comptroller of the King's Houshold that if it be found before the said Steward for the time being by the said twelve men that any such of the King's Servants as aforesaid hath confederated or conspired as abovesaid that he so found by the enquiry be put thereupon to answer and the Steward Treasurer or Comptroller or two of them have power to determine the said matter according to Law And if he put in trial that then he be tried by Oath of twelve discreet men of the same Houshold and that such Misdoers have no challenge but for maliace And if such Misdoers be found Guilty by confession or otherwise that the said Offence is adjudged Felony and they to have Judgment and Execution as Felons attainted ought to have by the Common Law By the Statute made in the second of King Henry the First cap. 8. Authority is given to the Sheriffs and other the King's Justices for the better suppressing of Riots to raise posse Comitatus and the same liberty doth in Common Law guide in many other cases Nevertheless the Sheriff may not by such Authority command the person of any Nobleman to attend the Service But if the Sheriff upon a Supplicavit against a Nobleman in that case do return that he is so puissant that he cannot nor dare not arrest him the Sheriff shall be grievously amerced for such his return For by the Writ under the Great Seal of England the King's Command is to all Archbishops Bishops Earls Counts and Barons and to all Leigemen of the County to be aiding unto him in that which to his Office appertaineth and therefore no person whatsoever can respit the execution of the said Writ of the King 's Also the Sheriff at his discretion may levy three hundred men if need be to aid him in that behalf The words of the great Charter of the Forest in the eleventh Chapter are as followeth To every Archbishop Bishop Earl or Baron coming to us and passing by our Forest it shall be lawful for him to take one Beast or two by the view of the Forest if he be present or else he shall cause one to blow a Horn for him that he seem not to steal our Deer Although the Statute doth speak but of Bishops Earls and Barons yet if a Duke Marquiss or Viscount which are Lords of the Parliament be coming towards the King by his command they also shall have the benefit of this Article So if the King send to any of the Lords aforesaid to come to his Parliament or send for him by Writ of Subpoena to appear in the Chancery or by Privy Seal to appear before his Council or send for him by Letters Missive or by Messenger or Serjeant at Arms in all these cases he shall have the benefit of this Statute because that they come at the King's command The same Law is if a Scire Facias go out of the Chancery or Kings Bench to a Lord of Parliament But if such Process go forth against a Lord to appear before the Justices of the Common Pleas or the Barons of the Exchequer and he cometh upon the same he shall not have the benefit of the Statute for he doth not come unto the King and the words of the Statute are Veniens ad nos And all the Process which are made out of the Chancery and King's Bench are Quod sit coram nobis and so are the Process out of the Star-Chamber Also Lords which come to visit the new King after the death of his Father though not sent for shall have the same priviledge And so that this Statute is a Warrant dormant to such Lords which also is to be understood as well of their returning homeward as of their coming to the King And note that this Statute doth extend to give Licence to kill or hunt in the King's Parks though the Letter of the Statute be Transiens per Forestam nostram The Oath of Supremacy is not imposed on the Peers of the Realm A Peer shall for his first Offence of Felony though he cannot read have the benefit of his Clergy and without burning If any person shall divulge false and scandalous Reports of any Lord of Parliament the Offender is to be imprisoned until he bring forth the Author In personal Actions the Plaintiff may pray a day of Grace but against a Lord of Parliament it shall not be allowed him It is Actionable for any to deface the Coat Armour c. of any Nobleman or Gentleman that is placed in a Church or Window Certain Cases wherein a Lord of the Parliament hath no
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right
in any Action or otherwise in which case any other Subject of what degree soever shall be amerced for in that case the Queen shall participate of the King's Prerogative But the Queen shall not in all cases have the same prerogative as the King as for Example Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no Title by order of Law so to do contrary to the Opinion of some ancient Books as you may see Stamford's Prerogative Case 19. But no such Suit shall be made to the Queen but Actions as against other Lieges of the King according as the Case shall require For by the same Reason that the Queen may be Plaintiff or Demandant in Actions without the King by the same Reason she shall be Defendant without the part taking of such Prerogatives as do appertain to the King Against the King by his Prerogative nullum tempus occurrit but it is not so with the Queen 18 Edw. 3. 2. a. And plenarily by six months is a good Plea in a Quare Impedit brought by Philip Regina Anglia ibidem fol. 1. 13. b. Stamford's Prerogative Case 18. prope finem In the 22 Edw. 3. 6. it is thus to be read Note that a Protection was sued forth against the Queen in a Writ which she brought and it was allowed though she be a person exempt Nevertheless by this short Case following may be observed That the Justices do not easily suffer any proceedings in Law against the Queen Wife or Widow but will hold with their Immunities so much as by Law they may A Writ of Dower was brought against Isabel Queen of England and Mother to the then King and the Court said to the Plaintiff The Queen is a person of Dignity and Excellency and we are of Opinion that she shall not answer to the Writ but that she should be sued unto by Petition And thereupon the Demandant dixit gratis and she prayed the Court to grant a Continuance of Action until another day so that in the mean time she might speak with the Queen But the Court would not agree to make a Continuance but said That upon her request they might give day prae re pertin and so it was done for the Queen's Counsel would not agree to a Continuance for thereby the Queen shall be accepted as answerable Neither do I suppose that I have digressed from any former purpose for making mention in those Cases concerning the Queen Consort For notwithstanding the intermarriage with the Sovereign King yet she is no other than a King 's Subject whether she be of a Foreign Nation or a Native born and though she be by the favour of the King solemnly crowned Queen yet that is but a Royal Ceremony and no essential Exception whereby she may not from henceforth be accounted in the rank of Noble Women And this hath been proved by the effect in the Reign of King Henry the Sixth when some of the Wives crowned Queens have been Arraigned of High Treason and therefore put to Trial by the Nobles of the Realm as her Peers The Wife of the King 's eldest Son hath also some Prerogatives in regard of the Excellency of her Husband which the Wives of other Noblemen have not For by the Statute of the Thrteenth of Edward the Third it is High Treason to violate the Wife of the King 's eldest Son and Heir Dutchesses and Countesses have special Honours appertaining to their Estates as Kneeling Tasting c. which things are more appertaining properly to the Heralds than to be here treated of Ladies in Reputation THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father is a Lady by Courtesie of Speech and Honour and taketh place according as in ancient time hath been permitted by the Sovereign Prince and allowance of the Heralds but in legal proceedings they are not Priviledged nor to be named according to such Names of Dignity But the King may at his pleasure create such Men in the life of their Ancestors unto degrees of Lord's of his Parliament and then the Law is otherwise If a Noble Woman of Spain come into this Realm by safe Conduct or otherwise though in the Letters of safe Conduct by the King she be styled by such her Sovereign Title yet in the King's Courts of Justice she shall not be named by such Title though in common Speech she is styled a Lady An English Woman born doth taken to her Husband a French or Spanish Duke though he be made a Denizen yet she shall not bear his Title of Dignity in Legal Proceedings A German Woman is married to a Peer of the Realm and unless she be made a Denizen she cannot lawfully claim the Priviledges or Titles of her Husband no more than she can to have Dower or Joynture from him An English Woman doth take to her Husband an Irish Earl or if a Lord of Scotland though he be a Postnatus take an English Woman to his Wife their Wives shall not participate of their Husbands Titles of Dignity But if the King do create one of his Subjects of Scotland or Ireland a Peer of this Realm then shall he and his Wife enjoy all the Priviledges of a Nobleman But if an English man by the Emperor be made an Earl of the Empire his Wife shall not bear that Title of Honour All the Daughters of Dukes Marquisses and Earls are by the ancient Custome of the Realm styled Ladies and have precedency according to the Degrees of their Parents And of this Custome the Laws do take notice and give allowance for Honour and Decency But nevertheless in the King's Courts of Justice they bear not those Titles of Honour no more than the Sons of such Noble persons may do So in this point the Law is one way and the Honour and Courtesie of Ladies another And as a Civilian in like Case saith Aliud est jus aliud privilegium nevertheless the Books of our Law do make mention thereof and allow of it as a Courtesie though not as a Law Thus much of Women If I have been too large upon this Subject I crave their pardons and if too short I wish I had been more large for their Honour Yet let them compare their Conditions with that of their Neighbouring Nations and 't is believed they have reason to judge themselves the happiest Women in the World but Nemo sua sorte contentus None truly value what they do possess Birth Beauty Titles Riches in excess Are all a Plague if ought else we desire The loss of that makes all our joys on fire The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox ◠a. The Rt. honble Ann Stuart Baroness of Castle Stuart in ye. Kingdome of Ireland Relict of the Rt. honble Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in ye. County of
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
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
Scotch Kings to our gracious Soveraign Charles the Second into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body under a Head unto which each one may justly claim an interest God hath thus restored our ancient Government and seated our Soveraign in the Throne of his Ancestors giving him a power just and absolute as well to preserve as curb his people being not only Major singulis but Major universis and his power is super totam Rempublicam which I thus prove Either the whole power of the Commonwealth is in one or not if not then he is no absolute King or Monarch but if he be as all must yield a Monarch I ask if there be a power in the Commonwealth which is not in him Is it subordinate to his power or not If subordinate than his power is above that power and so super totam Rempublicam Major universis if it be not then there are a simul semel to Supream Civil Powers in the same individual Kingdom and Gubernation and yet divided against it self which is most absurd and impossible This in Answer to a monstrous Pamphlet which the lasciviousness of our late unhappy Wars produced which asserted Rex minor universis But the Divine Providence hath I hope put a period to all such Trayterous Tenents and concluded such Disputes by Acts of Parliament so that no person for the future shall dare to question who hath the right of making Peace or War the power of Militia by Land and Sea all strong Holds and Forts c. being the inherent right of the English Monarchs by their Prerogative Royal. The King is God's Vicegerent and ought to be obeyed accordingly If good he is a blessing if bad a judgment and then against whom we are to use no other weapons but prayers and tears for his amendment He is styled Pater Patriae Caput Reâ—publicae and because the protection of his Subjects belongs to his care and office the Militia is annext to his Crown that the Sword as well as the Scepter may be in his hand The Parliament then all Roman Catholicks in the behalf of Henry the Eighth writ to the Pope declaring that his Royal Majesty is the Head and the very Soul of us all his Cause is the Cause of us all derived from the Head upon the Members his Griefs and Injuries are ours we all suffer equally with him Camden in his Britannia fol. 100. calls the King the most excellent part of the Commonwealth next unto God He is under no Vassuage he takes his Investure from no man Rex non habet Superiorem nisi Deum satìs habet ad poenam quod Deum expectat ultorem In England France Spain c. Kings are styled Dei Gratia c. and as the French King is said to be Rex Francorum Christianissimus the most Christian King of France The King of Spain the most Catholick The Emperour the Defender of the Church So the Kings of England by a Bull from Pope Leo the Tenth sent to King Henry the Eighth for a Book of Controversie written by him against Luther have the Title of Defenders of the Faith and by Act of Parliament he is declared Supream Head of the Church of England It is the manner also for Kings to write in the plural Number which is God's own style Mandamus Volumus c. and in the Scripture we find them called Gods in which sense they may be styled Divi or Dii quia Dei Vicarii Dei voce judicant Our Lawyers also say Rex est persona mixta cum Sacerdote habet Ecclesiasticam Spiritualem Iurisdictionem This shews the King's power in Ecclesiastical Causes being anoynted with Oyl as the Priests and afterwards the Kings of Israel were which signifies his person to be both Sacred and Spiritual And therefore at the Coronation hath put upon him a Priest's Garment called the Dalmatica or Colobium and other such Vests And before the Reformation the King as a Spiritual person received the Sacrament in both kinds He is capable of holding Tithes all Extra-Parochial Tithes some Proxies and other Spiritual profits belong to the King The Ceremonies at the Coronation of the King are many and with us in England more than in many other Countries As the Anoynting with Oyl which is proved by Mr. Selden to be of above one thousand years standing the Crown set upon his Head with many Religious Ceremonies besides the Ensigns of Regality which are a Ring to signiâ—ie his Faitâ—fulnes a Bracelet for Good Works a Scepter for Justice a Sword for Vengeance Purple Robes to attract Reverence and a Diadem triumphant to blazon his Glory It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capiâ—e etiam pectâ—re brachâ—is quod significat gloriam sanctitatem forâ—â—nâ— inâ—â—n King's are Anoynted on the Head to signiâ—â—e their Glory on the Breast to Emblematize their Sanctity and on their Arms to declare their power He is crowned with an Imperial Crown the Crown set on his Head by the Arch-bishop of Canterbury a prerogative belonging to that See as it is in Spain to Toledo in France to Rheims and in Sueden to Vpsalia But this Imperial Crown hath not been long in use amongst us though our Kings have had Imperial Commands as over Scotland Ireland Man and other Isles being in a manner like that of an Earls now Neither is it found that any such thing as a Diadem was at all in use until the tune of Constantine the Great For before the distinction was some kind of Chaplet or rather a white silk Fillet about the Head which was an ordinary way to distinguish them And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first King that was crowned with this Imperial Crown floried and arched was Henry the Third but some say Henry the First and indeed it is left in dispute However it is very probable and plain That the ancientest Ensign of Regal Authority was the Scepter which is every where spoken of both in Scripture and Prophane History There is another Ensign of their Authority which is a Globe or Mound with a Cross which hath been in use amongst us ever since Edward the Confessor's time which is placed in the left hand as is seen in most of their Coyns The Cross denoting his Faith the Globe his Empire by Sea and Land as 't is said of Iustinian the Emperor who was the first that ever used it The Office of the King of England according to Fortescue Pugnare bella populi sui eos rectissime judicare to fight the Battels of his people and to see Right and Justice done unto them or more particularly as is promised at the Coronation to preserve the Rights and Priviledges of Holy Church the Royal Prerogatives belonging to the Crown the Laws and Customs of the
disinherited imprisoned and murthered by their cruel Uncle the Duke of Glocester who being both a Tyrant and Usurper was justly encountred by King Henry the Seventh in the Field So infallible is the Law of Justice in revenging Cruelties and Injuries not always observing the present time wherein they are done but often calling them into reckoning when the Offenders retain least memory of them But as the saying is Ex malis moribus bonae leges oriuntur so their Tragical and Miserable Combustions have occasioned that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before For first though a common Opinion was conceived that a Conqueror might freely dispose of the Succession of that Estate which he had obtained by the purchase of his Sword which was the Title pretended for William Rufus yet now in our Books this difference is taken for Law viz. between the Conquest of a Kingdom from a Christian King and the Conquest of a Kingdom from an Infidel For if a King come to a Christian Kingdom by Conquest seeing he hath Vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom but until he doth make an alteration thereof the ancient Laws do stand and therefore the case of Rufus the ancient Law of this Realm being That the eldest Son should inherit and that a King in possession cannot devise the same by his last Will or by other Act therefore the said William Rufus was no other than a Usurper But if a Christian King should Conquer a Kingdom from an Infidel and being then under his subjection there ipso facto the Laws of the Infidels are abrogated for that they be not only against Christianity but against the Law of God and Nature mentioned in the Decalogue and in that case until certain Laws be established amongst them the King by himself and such Judges as he shall appoint shall judge them and their causes according to natural Equity in such sort as Kings in ancient times did within their Kingdoms before any certain municipal Laws were given And if a King have a Kingdom by Title of Descent there seeing by the Laws of that Kingdom he doth inherit the Kingdom he cannot change those Laws of himself without consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after that King Iohn had given unto them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament In Succession of Kings a question hath been Whether the King who hath had Sons both before and after he came to the Crown which of them should succeed he that was born before as having the prerogative of his Birthright or he that was born after And for each Reasons and Examples have not been wanting For Xerxes the Son of Darius King of Persia being the eldest Son after the enthroning his Father carried away the Empire from his Brother Arthemones or Artobazanes who was born before his Father came to the Royal Possession thereof So Arceses the Son of another Darius born in the time of his Fathers Empire carried away the Garland from his Brother Cyrus born before his Father came to the Empire So Lewis Duke of Millain born after his Father was Duke was preferred to the Dukedom before his Brother Galiasius born before the Dukedom But notwithstanding these Examples and the Opinion of sundry Doctors to the contrary common use of Succession in these latter days hath been to the contrary and that not without good reason for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright such as all elder Brothers have should be put by the same And this was the pretence of Henry the First against Robert his eldest Brother Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father and the second Brother surviving who should Reign after the death of the Father the Nephew challenging the same unto him by the Title of his Fathers Birthright and by way of Representation Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death Upon which Title in old time there grew a Controversie between Arcus the Son of Arrotatus eldest Son of Cleomenes King of Lacedemonia and Cleomenes second Son of Cleomenes Uncle to the said Arcus But upon debate of the matter the Senate gave their Sentence for Arcus against Cleomenes Besides Enominus King of Lacedemon having two Sons Polydectes and Licurgius Poyldectes dying without Children Licurgius succeeded in the Kingdom but after he had understood that Polydectes Widow had a Child he yielded the Crown to him wherein he dealt far more religiously than either did King Iohn or King Richard the Third For King Iohn upon the like pretence not only put by Arthur Plantaginet his eldest Brother's Son from the Succession of the Kingdom but also most unnaturally took away his life And King Richard the Third to come to the Crown did most barbarously not only slay his two innocent Nephews but also defamed his Mother in publishing to the World that the late King his Brother was a Bastard Our Stories do obscurely note that Controversie of like matter had like to have grown between King Richard the Second and Iohn of Gaunt his Uncle and that he had procured the Counsel fo sundry great Learned Men to this purpose but that he found the hearts of divers Noblemen of this Kingdom and especially the Citizens of London to be against him whereupon he desisted from his intended purpose and acknowledged his Nephews Right And the reason of the Common Law of England is notable in this point and may be collected out of the ancient Authors of the same Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan fol. 119. For they say Whosoever is Heir to another aut est haeres jure proprietatis as the eldest Son shall inherit only before his Brothers aut jure representationis as where the eldest Son dieth in the life of his Father his Issue shall inherit before the youngest Son for though the youngest sit magis propinquus yet jure representationis the Issue of the eldest Son shall inherit for that he doth represent the person of his Father And as Bracton saith jus proprietatis which his Father had by his Birthright doth descend unto him aut jure propinquitatis ut propinqui jus excludit remotum remotus remotiorem aut jure sanguinis And yet Glanvile Lord Chief Justice under King Henry the Second seemeth to make this questionable here in England Who should be preferred the Uncle or the Nephew Also it hath been resolved for Law That the possession of the Crown purgeth all defects
priviledge allowed unto him to keep in his Family the number of six born Strangers By the Statute 14 Hen. 8. cap. 13. a priviledge was granted to the Nobility according to their degrees concerning Apparel but because by a Statute made in the first of the King that now is chap. 15. all Laws and Statutes concerning Apparel are taken away Whereas by the Statute 2 Hen. 5. Parl. 2. cap. 1. it is ordained That the Justices of the Peace in every County named of the Quorum shall be resident in the Shires wherein they are Justices there is a Proviso whereby the Lords and Peers of the Realm named in such Commissions are excepted By the Statute 1 Edw. 6. cap. 12. amongst other things it is enacted That in all and every Case and Cases where any of the King's Subjects shall and may upon his prayer have the priviledge of the Clergy as a Clark Convict that may make purgation in all the Cases and every of them and also in all and every Cases of Felony wherein the priviledge or benefit of Clergy is taken away by this Statute wilful Murther and poysoning only excepted the Lords and Peers of the Realm having place and voice in Parliament shall by vertue of this Act of Common Grace upon his or their requests and prayer alledging that he is a Lord or Peer of this Realm claiming the benefit of this Act though he cannot read without burning in the Hand loss of Inheritance or corruption of Blood be adjudged taken and used for the first time only to all constructions intents and purposes as a Clark Convict which may make purgations without any other benefit of Clergy to any such Lord or Peer from thenceforth at any time after for any cause to be allowed adjudged or admitted any Law Custome Statute or other thing to the contrary notwithstanding By this Statute a Lord of the Parliament shall have the benefit of his Clergy where a common person shall not viz. for breaking open an House by day or night or for robbing any on the High-way and in all other Cases excepted saving in wilful Murther and Poysoning but in all other Cases wherein Clergy is taken away by any Statute made since the said Statute of 1 Edw. 6. he is in the same degree that a common and inferiour person but the Court will not give him the benefit of this Statute if he doth not require it If a Lord of the Parliament do confess his Offence upon his Arraignment or doth abjure or is Outlawed for Felony it seemeth that in these Cases he may have the benefit of this Statute viz. his Clergy for that by the Statute 18 Eliz. cap. 18. he nor any other need to make his purgation but shall be forthwith delivered out of Prison by the Justices By the Imperial Constitutions Nobiles non torquentur Nobiles non suspendentur sed decapitantur and so it is almost grown into a Custome of England by the favour of the Prince for it is rare to have a Nobleman executed in other form Yet Thomas Fines Lord Dacres of the South in the 23 th of Henry the Sixth and the Lord Sturton in the fourth of Queen Mary were hanged At the Common Law it was lawful for any man Noble or Ignoble to retain as many Chaplains as they pleased for their instruction in Religion But by a Statute made 21 Hen. 8. cap. 13. a restraint was made and a certain number only allowed the Nobility And such Chaplains for their attendance have Immunities as by the Statute at large may appear viz. every Archbishop and Duke may have six Chaplains whereof every one may have and purchase Licence of Dispensation and take receive and keep two Parsonages or Benefices with Cure of Souls and that every Marquiss and Earl may have five Chaplains every Viscount or other Bishop four Chaplains and every Baron and Knight of the Garter may have three Chaplains whereof every one of them may purchase License of Dispensation and take receive and keep two Benefices with Cure of Souls And forasmuch as the retaining of Chaplains by Lords and Peers of the Realm is ordinary and nevertheless some questions have been concerning the true understanding of the said Statute Law I think it not unnecessary to set down some subsequent Resolutions of the Judges touching some matters If a Bishop be translated to an Archbishoprick or a Baron be created an Earl yet in this case they can have but only so many Chaplains as an Archbishop or an Earl might have for although he hath divers Dignities yet he is still but one person to whom the attendance and service should be done So if a Baron be made a Knight of the Garter or Lord Warden of the Cinque Ports he shall have in all but three Chaplains sic de similibus And if such an Officer allowed by the Statute to have one two or more Chaplains do retain accordingly and after he is removed from his Office in this case he cannot be now Nonresident nor accept a second Benefice of his Complement which was not full before his removing and in that case it behoveth the Chaplain to procure a Non obstante otherwise he may be punished for his Nonresidence So if any Earl or Baron do retain a Chaplain and before his advancement his Lord is Attainted of Treason as it was in the Case of the Earl of Westmoreland after the said Attainder such a Chaplain cannot except a second Benefice for though his Lord be still living according to Nature yet after the Attainder he is a dead person by the Law and therefore out of the case to have priviledge for himself or for his Chaplains If a Baron have three Chaplains and every of them have two Benefices and after the Baron dieth they shall enjoy those Benefices with Cure which were lawfully settled in them before But in this case although the said Chaplains be resident upon one of his Benefices yet now he is become punishable for being resident upon the other for Cessante causa cessat effectus The same Law is if the Baron be attainted of Treason or Felony or if any Officer be removed from his Office sic de similibus So if a Lord do one time retain more Chaplains than are allowed by the Law the lawful number only shall have priviledge and in this case which of them be first promoted shall have priviledge and the rest are excluded for aequali jure melior est conditio possidentis If a Nobleman doth retain Chaplains above his number at several times if any of his Chaplains die the next that was retained shall not succeed for his first retainer was void and therefore in this case it behoveth him to have a new retaining after the death of the predecessor and before his advancement for quod ab initio non valet in tractu temporis non convalescit If a Noble person retain such a number of Chaplains as is by the law allowed him
Cooke of Kingsthorp in Northampton shire Gent â— Sr. Thomas Player of Hackney in Middlesex Knight Chamberlaine of the Citty of London Sr. Iohn Berkenhead Knight Master of Requests to his Majesty and Master of the Faculties and one of the members of the Honourable house of Comons Sr William Drake of Amersham in the County of Bucks Knight now maried to Elizabeth daughter of the honble â— â— Mountâ—gu Lord cheife Baron of his matys Court of Exchequer Sr William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations Sr. William Waller of Winchester in Hantshire K descended from Richard Waller of Groombridg in Kent Esqr. who at the battle of Agencourt took Ioâ— Duke of Orleanse Prisoner and brought him to Groombridg whâ—re he remained a Prisoner 24 yeares and in memory of the Action it hath bin ever since allowed to the family to beare hanging on their Antient Crest the Armes of the said Duke Sr William Hustler of Acklam in Cleaveland in The County of York Kt Sr. Joseph Sheldon of the Citty oâ— London Kt. Alderman Lord Mâ—j therof Anno 〈◊〉 Sr. Robt. Hanson of the Citty of Londoâ— Knight and Alderman Lord Major thereof Anno 1673 Sr. Iohn Maynard of Gunnersbury in the Parish of Ealing in the County of Midlesex Knight sergeant at Law to his Majesty King Charles the second S â— Iohn Shortâ—r of the Citty of London Kt. and Alderman now maried to Ezabeâ— daughter of Iohn Birkhead of Ristwhait 〈◊〉 yâ— parish of Crostwhait in Cumberland Gen â— Robert Peyton of East Barnet in ye. County of 〈◊〉 Kt. descended of ye. Antient Family of ye. Peytonâ— Cambridgshire noâ— Maried to Iane Daughter and 〈◊〉 heyrs of Lionell Robison of Couton in York shire Esq. Sr. Edward Lowe of new Sarum in Wiltshire Kt. one of the Masters of the High Honourable Court of Chancery Sr. Iohn Iames of Wiâ—â—borow in Kâ—nt Kt. dâ—scended of ye. â—ntiâ—â—â— And Sâ—râ—ading Family of ye. Iamâ—â—is Who Transplâ—nted Themseluâ—s out of Cleâ—â— in Germaâ—y into England About ye◠〈◊〉 of yâ—â—â—igne of K. 〈…〉 Family Sâ—◠〈◊〉 in Tâ—â— Body of yâ— Book Sâ—ction Chap 1 Thâ— Sâ—S Ioâ—n is â—â—w Maried to Mâ—â—y dâ—ughtâ—r of Sr. Robert Kiâ—â—eâ—râ—w of Haâ—worth in Middleâ—â—â— Kt. desâ—â—ed 〈◊〉 Câ—â—mâ—erâ—â—n to yâ— Late Queen Mother 〈◊〉 Hon Sr. Robert Bâ—oth of Salford in Lâ—â—câ—shire K â— â— chife Iustice of 〈◊〉 Matâ—s Court of Comâ—n pleas in Ireland one of his Ma â—â—â— most Hon priâ—â—â—â—â—ncell for yâ— S d Kingdome Grandchild heyre of Humfry â—ooth of Salford 〈◊〉 Gâ—n whose Châ—ritable works 〈…〉 his name of w â— see more in â—â—â—dy of yâ— Bocke sâ—e 3 chapt. 1â— The Sd. Sâ—r. Robert was first maried to mary â—â—â—ghter heyre of Spencer Poâ—ts of Chalgraye in Bedfordshire Esq 〈…〉 to Susanna Daughter of Sr. 〈…〉 of Dean in East Kent Kt. Aâ—â—soâ— Dâ—ceased Sr. Charles Pitfeild of Hâ—xton in the Parish of St. Leonard â—horditch in Middlesex Kt. Descended of the Antient family of the Pitfeilds of â—umâ—nâ—sâ—ry in Dâ—rsâ—tshireâ— is now maried to Winefrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Esâ— Sr. Thomas Middleton of Stansted Mount Fichit in ye. County of Essex Kt. now maried to Mary ye. Relict of Thomas Style Esq Eldest Son of Sr. Thomas Style of Waâ—ering bury in yeâ— County of Kent Bar â— and only Daughter of Sr. Stephen Langham of the Citty of London Kt. Sr. Francis Theobald of Barking hall in Suffolk Kt. a great Lover of Lerning fautor of Lerned men in Soemuch that Dr. Castle in his Polygâ—oâ— Lexicon makes This mention of him yt. he is harum Linguarum Callentissimus Sr. Robt. Hardinge late of Kings-Newton in the Parish of Melborne in Darby-shire Nâ—w of Grais Inn in Middle â— Kt. his matys Attorney of all his Forests c. from Trent Northward's a great sufferer for there matys King Charles the first second Hee Maried Anna eldest daughr. of Sr. Richard Sprignell of Hâ—gate in Middlesex Bar â— Deceased Sr. Io. Kirke of East Ham in Esex Kt. one of the Band of Gentleman Pentioners to his matyâ— King Charles the 2d. which sd. Sr. Io. and his family hath been very actiue for the Servi c â— of there King and Country in particular at Canade in America Sr. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight Sr. William Beversham of Holbrookhall in Suffolk Knight one of the Masters oâ— the High and Honourable Court of Chancery And it was anciently ordained That all Knights Fees should come unto the eldest Son by succession of Heritage whereby he succeeding his Ancestor in the whole Inheritance might be the better able to maintain War against the King's Enemies or his Lords and that the Soccage of Freehold be partable between the Male Children to enable them to encrease into many Families for the better encrease of Husbandry But as nothing is more unconstant than the Estates we have in Lands and Livings even so long since these Tenures have been so indifferently mixt and confounded in the hands of each sort that there is not now any note of difference to be gathered by them Lambert Peramb of Kent 10. Et quia tale servitium forinsecum non semper manet sub eadem quantitate sed quandoque praestatur ad plus quandoque ad minus ideo eo quantitate Regalis servitii qualitate fiat mentio in charta ut tenens certum tenere possit quid quantum persolvere teneatur And therefore the certainty of the Law in this case is That he that holdeth by a whole and entire Knight's Fee must serve the King or his other Lord forty days in the Wars well and sufficiently arrayed and furnished at all points and by twenty days if he hold by a moiety of a Knights Fee and so proportionable And in the Seventh of Edw. 3. 246. it was demurred in Judgment Whether Forty days shall be accounted from the first day that the King did first enter into Scotland but it seemeth that the days shall be accompted from the first day that the King doth enter into Scotland because the Service is to be done out of the Realm And they that hold per Regale servitium are not to perform that Service unless the King do also go himself into the Wars in proper Person by the Opinion of Sir VVilliam Earle Chief Justice of the Common Pleas Irium Sept. Edw. 3. 246. but vide 3 Hen. 6. tit Protection 2. in which Case it was observed That seeing the Protector who was Prorex went the same was adjudged a Voyage Royal. Also before the Statute de quia emptores terrarum which was made decimo octavo Edw. 1. the King or other Lord had given Lands to a Knight to hold of him by Service and Chivalry scil to go with the King or with his Lord when the King doth make a Voyage Royal to subdue
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
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
is the Bishop's Palace This City is governed by a Mayor seven Masters sixteen Burgesses a Recorder Town-Clerk c. and hath the election of Parliament men It offers to view amongst other remarkables four Steeples and three Churches whereof two are Parochial viz. Trinity and St. Michaels that an ancient well built Church in form Cathedral which being impaired by a late fall of its beautiful Spire is since restored to its former lustre at a vast expence and charge this a stately large and brave inlightned Fabrick a curious Shell whose Content is one hundred yards in length and seven and twenty yards in breadth besides several Isles and Chappels both on the North and South sides thereof supported by neat and slender Pillars with five Isles whose Steeple for tower and lofty tapering Spire gives place to none in England Bablack Church one of the three is a solid Antique Structure its form Collegiate where Divine Offices are performed but at some Festivals in the year It hath gloried in a matchless Wall and though its form was irregular for a defensible Fortification yet was it built strong broad high and large in circumference now only guessed at by its ruins and its twelve lofty Ports oâ— Gates yet standing No place compares with this City for a most beautiful Cross of large dimensions and height adorned with variety of Statues Figures and Sculptures richly laid over with Gold and set off with becoming Colours It hath among others one magnificent Hall called Aula Sanctae Mariae fit for a celebrious Congress or Assembly Here is a fair Grammar School founded by Iohn Hales Esquire yet styled Schola Regis Henrici Octavi and another School of late erection for poor Children by Mr. Christopher Davenport late Alderman Appendant to both is a Library with learned Authors both Print and Manuscripts of which Schools the Mayor and Aldermen of this City are Visitors The Hospitals are 2 well and plentifully providing for twenty Blue-Coats eleven poor men in black Gowns and two Nurses in the one and eight other married Couples in blue Gowns in the other and a Nurse To it is annexed very large and rich Commons great Annual Loans and Gâ—fts distributed amongst poor young and hopeful Tradesmen together with frequent remembrances of some noble Benefactor or other who intrustred the City to dispose of their bounty to others as among themselves viz. forty pounds per Annum to St. Iohns Colledge in Oxford and forty pounds per Annum to several other Cor-Proporations Also near the said City at a Pool called Swanswell is a Spring which filleth a seven Inch Diameter of which water the quantity of five Tun an hour is daily raised to the top of a Turret six and thirty foot high by a stream out of the said Pool containing nine cubical Inches which moveth an overshot Wheel and a triangular Crank with Ballances and Buckets being an heaving or lifting Engine from hence the water is conveyed into the Streets of the City and Houses of such Inhabitants as will and do take the said water at an Annual Rent This Water-work was begun by Thomas Sargenson Mason and Bartholomew Bewley Plumber in the year 1630. and hath been since altered and put into the form it now worketh in the year 1658. and so continued by Thomas Bewley Son of the said Bartholomew who is the present prietor The City is owner of a rich Delf or Mine of Coles near adjoyning to it which is hoped will in a little time add much to its Revenue the present Undertakers using that method for the mastering of the Water which the inadvertency of former Undertakers either could not contrive or at least not effectually prosecute The staple Commodity of the place is Cloth but to how low an ebb that trade is now come to every place can report and competently judge as well as this City It s Government consists of Annual Officers ten Aldermen or Justices with two standing Councels viz. the Upper the Second or Common-Councel The Annual Officers are the Mayor Recorder two Sheriffs Steward Coroner two Chamberlains tow Wardens and some other Attendant and Ministring Officers The Mayor is the eye of the Body the King 's immediate Lieutenant having the precedency of all Prince Henry himself when in Coventry refused to take the better hand of him when modestly the Mayor offered it saying He would not resume a right of his Fathers Graunts This Authority is Solitary or Social Solitary as to be Clerk of the King's Market Steward and Marshal of the King's House to be in Commission for Arrays and Head of the twelve Companies Social in the upper Councel which consists of Aldermen and some Candidates for the Majoralty where he orders and manageth the particular Affairs and Revenues of the City distributes the bounty of Benefactors sometimes calling in the Assistance of the second Councel arbitrarily chosen by him and his Brethren out of the wealthiest and discreetest Citizens and consisting of five and twenty who are as Witnesses of their just administrations as well as Advisors in all Alienations of City Lands and Grants of other nature The Aldermen are Justices of the Peace in as full Latitude as any other having ten Wards or Precincts assigned them with an Appropriation of a Ward to each Alderman as to some respects though otherwise every one is Justice throughout both as to the City and County of the City which is of large extent Of these Justices there are of the Quorum four viz. the Mayor Recorder and two eldest Aldermen The Mayor's Insignia are a Sword a Hat of Maintenance a great Mace and six smaller with a Tip-staff the Robes black lined with Furr and on solemn and festival days Scarlet lined with Foins The present Aldermen and Justices for the year 1676. are William Ielliff Alderman now Mayor the second time the Right Honourable Iames Earl of Northampton one of his Majesties Privy Council Recorder Ioseph Chambers Iames Nailer Iulius Billers William Vale Ralph Phillips Nathaniel Harryman Thomas King Thomas Bewley Abell Brooksby Humfry Burton Coroner Sir Richard Hopkins Kt. Serjeant at Law Steward As to the Rights Immunities Priviledges when and by whom granted together with all other things coincident to this City from its first appearance to its ascending Grandure and Declining or Cadency they are most amply and learnedly mentioned to our hand by the Pen of the learned Mr. Dugdale Norroy King of Arms to whom we referr the Reader The Arms belonging to this City are parted per Pale Gules and Vert an Elephant Argent on a Mount proper bearing a Castle on his back Or. WARWICK the Shire-Town of good account being the place where the Assizes and general Sessions for the County are kept it is indifferent large containing two Parish Churches besides some demolished its Houses are well built its Streets spacious and good is a place well inhabited and enjoyeth a good trade especially for Mault It is governed by a Mayor twelve Brethren four
and twenty Burgesses for Common-Councel a Recorder c. sâ—nds Burgesses to Parliament The Arms born by this Town is a Castle triple-towred having on the dexter side the Sun in its glory and on the sinister a Crescent on the top of the two fronting Towers stand two Watchmen with this Inscription upon the Ring of the Seal Sigillum Ballivi Burgensium Warwici And notwithstanding this fatal overthrow â—o much of the Town was continued till the Reign of Richard the Second who began in 1377 that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Burgage which amounts to two thousand two hundred Burgages besides other Houses But in 1388. as appears by Records die Martis in festo Sancti Stephani Martyris which was about the eleventh of Richard the Second it was so burn'd down and wasted by the Scots that of that Rent upon several Inquisitions found and returned there remained to the King only two Marks per Annum so that nine parts in ten were utterly destroy'd But notwithstanding this great devastation that was never repaired it doth still retain its ancient Priviledges which are in every respect the same with York as appears from the confirmation of Henry the Third in whose time here was an Exchequer called by the Name of Scaccarium de Appleby and King Iohn â—s Charter which I have seen wherein is expressed and firmly commanded That his Burgers of Appleby shall have and enjoy all the Liberties and free Customes which his Burgers of York have well and peaceably freely and quietly fully wholly and honourably with a Prohibition That none shall attempt to disturb them thereof And also That they shall be free from Toll Stallage Pontage and Lestage all England over praeterquam in Civitate London nisi forte Cives Eobor ' quietantias inde habent libertates suas in Civitate London which exception doth very much confirm and strengthen their Priviledges to them The Corporation consists at present of a Mayor with two Bailiffs a Court of Aldermen twelve in number a Recorder Common-Councel and Serjeants at Mace with their Attendants And if the Town were able to bear it might take the same Priviledges with York in every thing according to their Charter which has been confirmed by all the succeeding Kings of England and if any would know what those Priviledges are more particularly I referr him to York where he may possibly meet with satisfaction In the mean time take these which are now in practice at Appleby viz. They have power to Arrest for any Sum without limitation To elect and send two Burgesses to Parliament To acknowledge Statute-Merchant before the Mayor To take Toll both in Fairs and Markets To seize Felons goods Felones de se Waifes Strayes Forfeitures and Escheats all which do belong to the Mayor for the time being who takes place of the Judges of Assize as the Lord Mayor of York is wont to do Their Aldermen are some of them Gentlemen of the Country for the greater honour and credit of the Town who in time of their Majoralty have their Propraetors or Deputies there The present Mayor and Aldermen for the present year are Iohn Thwaites Esquire Mayor Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return and tore in pieces Oliver's Charter in open Court before he would accept of that Office which he had declined all Oliver's time Richard Brathwate of Warcop Esq and Justice of Peace who contested with the Judges and took place of them Virtute Chartae Robert Hilton of Morton Esquire Justice Jf Peace Edward Musgrave of Askeby Esq oustice of Peace Thomas Warcop of Colby Gentleman Iohn Routlidge of 〈…〉 Gent. Alderman Leonard Smyth Alderman William Smyth Alderman Robert Harrison Alderman Iohn Lawson Alderman Thomas Robinson Alderman Iohn Atkinson which six last are all of Appleby Appleby was very eminent for its Loyalty in the late Civil Warrs and most of the Aldermen except those whom Oliver Cromwell obtruded upon them suffered many imprisonments during his Tyranny and so likewise did most of the Gentry round about for it is the glory of the County of Westmerland that there was not one Person of quality in it who took up Arms against his King and but two or three in Cumberland A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility FIRST PART HONOVR MILITARY OF Warr and the causes thereof fol. 3 Of Souldiers 4 Of Embassadors or Legats 5 Of Warr and the inclination of the English to it ibid. Of Captains Generals Marshals and other chief Commanders 7 SECOND PART HONOVR CIVIL CHap. I. Of Honour general and particular 11 Of Gentry and bearing of Arms 12 Principles of Honour and Vertue that every Gentleman ought to be endowed with 13 Of precedency ibid. Chap. II. Of the King or Monarch of Great Britain 19 Chap. III. Of the Prince 24 Chap. IV. Of Dukes 32 The form of a Patent of the Duke of York temp Jacobi 33 Ceremonies to be observed in the Creation of a Duke 36 Chap. V. Of Marquisses 37 Chap. VI. Of Earls 39 Chap. VII Of Viscounts 44 Chap. VIII Of Lords Spiritual 45 Chap. IX Of Barons 48 The definition of a Baron ibid. The Etymology of the name of a Baron ibid. The antiquity and dignity of Barons and the sundry uses of the Name 49 The tenor and proper signification of the word Baron ibid. Chap. X. Barons of Tenure 50 Chap. XI Barons by Writ 52 Chap. XII Barons by Patent 56 Chap. XIII Priviledges incident to the Nobility according to the Laws of England 59 Certain Cases wherein a Lord of the Parliament hath no priviledge 65 Chap. XIV Nobility and Lords in reputation only 68 Chap. XV. Of the Queen Consort and of Noble Women 69 70 Ladies in reputation 75 Chap. XVI Of Knighthood in general 77 Chap. XVII Knights of the Garter 79 Chap. XVIII Of Knights Bannerets 84 Chap. XIX Of Baronets 85 The president of the Patent of Creation of Baronets 88 The Catalogue of the Baronets of England according to their Creations 91 Chap. XX. Knights of the Bath 105 A Catalogue of the Knights of the Bath made at the Coronation of King Charles II. 107 Chap. XXI Of Knights Batchelors 108 Observations concerning Knights Batchelors 116 Of degrading of Knights 117 Chap. XXII Knights of the round Table 118 Chap. XXIII Knights of the Thistle or of St. Andrew 120 Chap. XXIV Orders of Knighthood in Palestine and other parts of Asia 121 Knights of the holy Sepulchre in Jerusalem ib. Knights Hospitalers of St. John Baptist in Jerusalem now called Knights of Malta 122 Knights Templars ibid. Knights of St. Lazarus 123 Knights of St. Bass ibid. Knights of St. Katherine at Mount Sinai ibid. Knights of the Martyrs in Palestine ibid. Orders of Knighthood in Spain Knights of the Oak in Navar 124 Knights of the Lily in Navar ibid. Knights of the Band 125 Knights of