Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	age_n	heir_n	ward_n	2,529	5	10.9977	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36231	Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.; Magazine of honour	Bird, William, 17th cent.; Doddridge, John, Sir, 1555-1628.	1658 (1658)	Wing D1794; ESTC R11125	103,063	198

where the originall was made and at last it was resolved by all the Court that the Record should be amended by the Cursitor and made according to the Note or Title delivered unto him by the Plaintiffes Attorney Cook 8. part fol. 15. b. It appeareth in our Book of Law that the highest and lowest Dignity are uniuersall For as if a King of a Forreign Nation come into England by leave of the King of this Realm as it ought to be in this case he shall ●●e and be sued in the name of a King 11. Ed. 3. Test Breccon 473. So shall he sue or be sued by the Name of a Knight whersoever he received that degree of Dignity ●o Ed. 4.6 H. 6.14 but otherwise it is as ●f a Duke Marquesse Earl or other Title of Honour given by any Forreign King yea though the King by Letters Pattents of ●ife conduct do name him Duke or by any other his for●eign Title of Dignity For experience sheweth that Kings joyned in league together by a certain mutuall ●nd as it were a Naturall power of Monarchs according ●o the Law of Nations have denized one anothers sub●ects and Ambassadors graced with this title of Honour Therefore though a Knight receive his Dignitie of Forraigne Prince he is so to be stiled in all Legall proceedings within England Vide Cooke 7. part fol. 16. b. And Kings were wont to send their sonnes to the●● Neighbour Princes to receive Knighthood at thei● hands Vide Selden fol. 331. 308. thinking that i● was more honourable to take Armes of some other le●● affection might seeme to prevent judgement when th● father gave them that honour Thus was our King H. 2. sent unto David King o● Scots and Malcombe also king there sent unto our H 2. and our king to the king of Castile to take of them Military or Civill Armes for the tearmes and phrase● they used in that age for the making of a knight Vid● Camden 174.8 vide Selden fol. 315. And knights in all forraigne Countries have eve● place and precedencie according as they are ancient knights which priviledge is deemed to Noblemen for be they never so ancient in forraigce Countries they shall goe before as Puesneys The degree of knighthood is not onely a Dignitie and honour to the party for so it is termed in Brooke title Additions fol. 44. but honourable for the kingdome and therefore it hath been an ancient Prerogative of the kings of this Realm at their pleasure to compell men of worth to take upon them this degree upon the payment of a Fine as appeareth in Ann. 7. H. 6.15 Pitzh Abridg. tit Im. 12. and by the Statute a. 1. Ed. 2. de militibus But we see by experience in these daies that none are compelled thereunto and that is the reason wherefore if the Plaintiffe be made knight hanging the Writ it shall abate because he hath changed his name and that by his owne act Vide Cooke 7. part f. 27. b. part 10. b. 1 Ed. 6. cap. 7. contrary And for that cause also by the common Law not only the king but every Lord of a Manor ought to have of every of his tenants a reasonable fine to make his eldest son knight Vide Bracton fol. 36. b. and all lands are subject to these aides except onely ancient Demeasnes and grand and petty serjeantly tenures as the Law hath been anciently delivered Vide Fiszh Nat. bre f. 83. a. and Selden f. 13. where it is also said one that wrote a little after the statute of West the first allowes as a good barre to the avowry for the tenant to plead that the father himself is no knight so that one not knighted cannot claime the aide of his own Tenants Briton de Prises de Avers And it was not at the liberty of the Lord to make more or lesse of his Tenants by the common Law in this case but by the statute at Westminster 1. cap. 35. it is put into certainty viz. forasmuch as before this time reasonable and to make one son knight or to marry his daughter was never put into certainty nor how much should be taken at that time whereby some levyed unreasonable aide and more often then seemed necessary whereby the people were sore grieved And it is therefore provided that from henceforth a whole knights see be taken but 20. s. and of more more and of lesse lesse after that rate and that none shall levie such aide to make his son knight untill the sonne be 15. yeares of age nor to marry his daughter untill she be of the age of 7. yeares and of that there shall be mention made in the kings Writs formed on the same if any one will demand it and if it happen that the Father after he had leavied any such aid of his Tenants did before he hath marryed his Daughter the Executors of th● Father shall be bound to the daughter for so much as th● Father received for the Aid And if the Fathers goods b● not sufficient his heir shall be charged therwith unto th● daughter and this Heir is so incident that although th● Lord do confirm unto the Tenant to hold by fealty an● certain Rent and release unto him all other services an● demands yet he shall have the aid to make his elde●● Son Knight Anno 40. E. 3. f. 22. Finches book 24. but the King was not bound by the statute beforementioned because the King was not named in that statute and therfor● by the statute 25. E. 3. cap. 11. The Kings aids were brought to a like value Selden fol. 3.30 The intention of the Law is that an heir within the age of 21. years is not able to do Knight-service till his full age of 21. years Littleton lib. 2. cap 4. f. 22. But such a presumption of Law doth give place to 〈◊〉 judgment and proof to the contrary as Bracton saith Sa●●litur presumptioni donec probetur in contrarium And therfore the King who is the Sovereign and Supream Judge of Chivalty hath dubbed him Knight he by this hath judged him able to do him Knight-service and all men concluded not to say to the contrary therfore such an heir being made Knight either in the life of his Father or afterwards during his minority shall be out of ward and custody both for Lands and for his body or marriage by the ancient common Law by reason also that the Honour of Knight-hood is so great that it is not to be holden under by any yet if the King do create any such an Heir within Age a Duke or Marquesse Earl Count Viscount or Baron by this he shall be out of ward ●nd custody both for his Land and for his body vide ●ook 6 part 74 a. And therfore it is provided by the statute of Mag●●●harta Cap. 3. Ita tamen quod si ipse dum infra aetatem fue●●t fiat miles nihil ominus terra remaneat in custodia do●inorum suorum So that although

such an heir within age 〈◊〉 made a Knight and therby to this purpose is estee●ed of full age yet the Laws shall remain in the custo●●● of the Lord till his age of 21. years by the provision 〈◊〉 the said Act. Quere if the son and heir of the Tenant 〈◊〉 the King by Knight-service c. be made Knight in ●aris by the King of France whether he shall be out of ●ardship after the death of his Father or no for therby ●e is a Knight in England Cook 7. par a. 2. E. 4. fo b. tamen ●ide Cooks 6. par 74. b. Mention is only made of Knights ●ade by the King himself or by his Lieutenants in Ire●●nd But when the King doth make an heir apparent with●● age of a Tenant by Knights service a Knight in the ●se time of his Ancestor and after the death of his An●estor the said heir being within age shall in this case be 〈◊〉 of ward and shall pay no value for his marriage nei●her shall the Lord have the custody of the Land for in ●hat case by the making of him Knight in the life of his Ancestor he is made of ful age so that when his Ancestor ●yeth no Interest in the body nor in the Land shall in●est but the Knight may tender his livery as if he were 〈◊〉 full age and in this case the King shall have primer ●●ism as if he had bin 21. years old at the time of the de●ease of his Ancestor and not otherwise Cooks 8. part fol. 〈◊〉 71. a. for the statute of Magna Charta doth not extend ●nto it For the purpose of it doth extend only when the Heir is in ward infra etatem is made Knight then rema neat torra in Custodia But when the Heir is in ward being Knight in the life of his Ancestor then the Custod● cannot remain or continue which had never any inception or essence Also when the Heir after the death of his Ancestou● within age is made a Knight if after tender made unt● him he within Age doth marry else-where yet he shal● not pay the Forfeiture of his Marriage For by the making of him K●ight he is out of ward and custody of hi● Lord for then he ought to be sui juris and may imploy himself in Feats of Arms for defence of ths Realm and therfore may not be within the Custody or keeping of another but none shall pay any Forfeiture but when after refusall he doth marry himself during the time when he is under the Custody or keeping of his Lord. And this doth appear by the statute of Merton cap. 6. Si maritaverit sine licentia Domini sui ut ei auferat Maritagium suum c. Which Words cannot be understood when he is out of Ward and Custody no more then when he is married after his age of one and twenty years Note hereby may appear that the King may pre●ent his Grant or other Lords of the double value by Knighthood yet in such a C●se presently after the Heir is made Knight after the Death of his Ancestour the Lord may have a Writ de valore Marigii for the single Cooks 6. part 74. and 75. and note Plowden f. 267. Also by the ancient Common-law of this Realm if a Villain be be made a Knight he is immediatly enfran●ranchized Olanvile lib. 5. cap. 5. f. 27. and Bracton lib. 4. ●ap 198. b. Or if a Ribauld or man of base Birth and Condition had ●trucken a Knight he should by the ancient Laws have ●ost his hand wherwith he offended Britton 19. in his ●ppeales But in France it was judged antiently that when a ●ord of a villain had Knighted his villain being a Gentleman he became Free and had the Honor lawfully ●ut if another Lord had Knighted him nothing had bin ●rought by it For none could mannue him but the Lord and till Mannumission or till Knighthood had ci●ill Freedome for his ground he was not capable of it ●xcept by the King only vide Seldens Titles of Honour fol. 318. It was enacted in Parliament Anno 6. Ioh. Regis in ●ec verba Rex vicecom c. Sciatis quod consensum est cum assensu Archieporum Comit. Baronium omnium fidelium urum Angl. quod Novem milites per totam Angl. invenient decimum militem bene paratum equis Armis ●d defensionem Regni nostri vide Cook before his ninth Book b. There hath ever bin and still is great use of the service of Knights even in civil affairs and concerning matters of Iustice as in a Writ of right which is the highest writ in the law for the trials of titles touching the inheritance of lands the Tenant is at election to have his tryall by a grand assize or else by battle if by the great assize then 〈◊〉 de magna assiza Elegenda sh●ll be taken out And upon the return of that Writ those four Knights nominated must appear Gladiis cinctis Dyer 79. f. 103. If the Tenant make his election by Battle each parties are to choose their Champions and the Court shall award the Battle and the Champions shall be a mainprise and sworn to perform the Battle at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain ground their Squadrant that is to say every square 60. foot East West North and South and the place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Cloths which belong to their Court at Westminster and a Barre there shall be made for the Sergeants at Law and the Robes of the Justices and Sergeants shall be of Scarlet with their Coifes as it was Anno 13. Eliz. and then was made Proclamation with three O. yes c. and the Demandant was first solemnly demanded and did not appear Wherupon the Mainprise of the Champion was demanded to bring forth the Champion of the Demandant who came to the place apparelled with red Sandalls upon his black Armour bare legged from the knee downwards and bare headed and bare Arms to the Elbowes being brought in by a Knight namely by Sir Ierome Bowes who carryed a Red Baston of an Ell long typt with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists and then came towards the Bar before the Justices with their solemn Congies and there was he made to stay on the Southside of the place being the right side of the Court. And after that the other Champion was brought in like manner at the South-side of the lists with like congies by the hands of Sir Henry Cheney Knight and was placed on the Northside of the Barre and two Serjeants being of the counsell of each party in the midst betweene them this done the Demandant was solemnly called

for the saving of his tenancy being minded to pay all the arrerages before judgment given against him as by the Law hee ought to doe in this case hee must come in proper person and not by Atturney 15. H. 7.9 b. If a noble man in contempt of any processe which hath beene awarded from out of any the Kings Courts doth make rescous and wilfully doth refuse to obey the said writ and the same his offence doth appeare of record to the Court by the Sheriffs returne there may be and shall be awarded against him a Capias 1 H. 5. Case ult 27 H. 8.22 Cooks 6. part 54. If any Lord doe depart this Realm as Ambassadour or otherwise by the Kings lincence or without licence and doe not returne at the Kings Commandement or upon the Kings writ under his privy Signet the King may seize his lands goods and chattells Dyer 108. b. 17. the Dutchesse of Suffolks case If a Lord arrested upon a Supplicavit for the peace doe wilfully refuse to obey the arrest and make rescous upon his returne shall issue an attachment against the said Lord for his contempt to take his body and this is the way to obtaine peace against any Lord of the Parliament whereas the party could not have an attachment against him if the Subpoena had beene duly served and peaceably accepted although the said Lord had not appeared thereunto Cromptons Justice of Peace 134. If a Lord of the Parliament doth with force and arms detaine a man in prison in his House or elsewhere the remedy is in such cases by himselfe or his friends abroad at liberty to have a writ called de homine replegiando to deliver him but if the Lord to prevent the execution thereof and of malice doe keep or convey away this man so wrongfully imprisoned so privily as that the Sheriffe cannot execute his said writ then will the Court award a Witheram whereby the Sheriffe shall attach and arrest the body of the said Lord and imprison him untill he doe deliver his said prisoner 11 H. 4.15 All Lords are compellable to take the Oath mentioned in the Statute of 3 Jac. 4. vide the Statute 7 Jac. cap. 6. who have authority to minister the said Oath to them Bracton lib. 5. fol. 337.6 H. 3. 351. writing of essoines delivereth this learning that if a Baron that holdeth by Baron tenure have his absence excused by essoine he which casteth such essoine or excuse ought to finde surety that the said essoine is true but in case of common persons it shall rest upon the credit and integrity of the Essoince and so is the use at this day The Statute of magna charta cap. 1 a. is quod liber homo non amercietur pro parvo delicto nisi secundum modum illius delicti pro magno delicto secundum magnitudinem delicti nulla praedictarum miscricordiarum ponatur nisi per Sacramentum proborum legalium hominum de vicinate and accordingly is the Law thereunto at this day But the subsequent words in the said Statute viz. Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti are not in use for whether the offence be great or small for which they are to be amerced their amercement must be certaine viz. of a Duke ten pound and of any other of the Nobility Also whereas the amercement should be offered per pares the use is to offer them by the Barons of the Exchequer Cooks 8. Rep. 40. Bracton lib. 3. Tractat. 2. cap. 1. fol. 116. b. When a Peere of the Realme is arraigned in Appeale of Fellony he shall not have that priviledge to bee tried by his Peere as he should in case of Inditement but must undergoe the ordinary triall of twelve men Stamford Pleas of the Crowne lib. 3. cap. 1. Brook triall 142. Ferdinando Poulton 188. b. Read the book of Entries title appeale Sect. 7. also in Case of an Inditement the Defendant though a Peere of the Realme may not challenge any of his Triers either peremptorily or upon causes which in like cases permitted to all other common persons The Judgement to be given against any Lord of the Parliament in case of Felony or Treason shall be no other than according to the usuall judgement given against common persons and although the execution be not pursuant but with the losse only of their heads yet that is by the speciall grace of the King and not ex debito as by the examples of Thomas Lord Dacre 33. H. 8. and of the Lord Sturton 2 Mariae may appeare Brook tit Jury 48. By attainder of Treason or Fellony is corruption of blood so that their Children may not be heires unto them nor unto any of their Ancestors And if hee were a noble man before he is by the attainder made ignoble and not only himselfe but also his Children having no regard unto the Nobility which they had by their birth and this corruption is so strong and high that it cannot be saved by the Kings pardon or otherwise than by authority of Parliament Stamford Pleas del Coronae lib. 3. cap. 34. But here it is to bee observed that Nobility is not a thing substantiall but meere accidentall for that may be present or absent without corruption of the Subject whereof it dependeth for experience sheweth that the passage of honourable titles are restrained by exorbitant crimes when as nature in the meane while cannot bee thrust away with a fork Wherefore although the Lawyers doe terme and call that extinguishment of Nobility which hapneth by such hainous offences committed as corruption of blood neverthelesse they use not this manner of phrase and speech as though Nobility were naturally and essentially in the humour of blood more than any other hereditary faculty but because the right of inheritance which is by degree of communication of blood directed is by that meanes determined and ended and also in regard of the hatred and detestation of the crime it is called corruption of blood note in Dyer 16. Eliz. 332. the Lord Charles Howards case If one be made a Knight in a forraigne Kingdome by a forraigne Knight yet he is to be so stiled in this Realme in all legall proceedings but if a man be created by the Emperour an Earle of the Empire or into any other title of dignity he shall not beare this title here in England Cooks 7. part 16.20 E. 46. If there be a Father and Sonne and the Father is seised of lands holden in Capite or otherwise by knightly service the King doth create the same Duke and Earle or of any other degree of Nobility and afterwards the Father dieth his Sonne being within the age of one and twenty yeares he shall be in ward but if the King had made him Knight in the life of his Father he should not have beene in ward after the death of his Father neither for the lands descended

default of payment and after his assumption of the Crown the rent happen to be unpaid he might re-enter without demand for the King is not bound to do such personall Ceremonies as the Subjects are by the Law compelled to do Therfore to have the said Dutchy to be still a Dutchy with the liberties to the same as it was before and to alter the order degree of the lands of the Dutchy from the Crown the said King H. 4. made a Charter by authority of Parliament which is intituled Charta Regis Henrici quarti de seperatione ducatus Lancastria a corona authoritate Parliamenti anno Regni sui primo The Charter of Henry the fourth for the separation of the Dutchy of Lancaster from the Crowne by the authority of Parliament in the first yeer of his raign of the said King as by the tenure thereof may appear And so by authority of Parliament the said Dutchy withall the Franchises and liberties were disjoyned from the Crown and from the Ministers and Officers of the Crown and from the receit of the revenues of the Crown and from the order to passe by such conveyance which the said Law did require in the possessions of the Crown But although the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and passe as they ought before Henry the fourth was King yet there is no clause set down in the said Charter which doth make the person of the king who hath the Dutchy in any other degree then it was before but things concerning his person shall in the same estate as they were before seperations Insomuch as if the Law before the Charter by the authority of Parliament adjudged the person of the King alwayes of full age having regard unto his gifts as well of the lands which he doth inherit in his naturall body as in that he doth inherit in the right of his Crown or politique body it shall be so adjudged for the Dutchy land after the said Statute for the Statute doth go and reach unto the estate condition and order of the lands of the Dutchy but doth not extend to the person of the king who hath the lands in points touching his person neither doth it diminish or alter the preheminences which the Law doth give or attribute to the person of the King For if king Henry 4. after the said Act had made a Lease or other grant of parcell of the Dutchy by the name of H. Duke of Lancaster onely it had been void for it should have been made in the name of Henry 4. king of England And thus stood the Dutchy of Lancaster severed from the Crown all the raign of H. 4. H. 5. and H. 6. being politiquely made for the upholding of the Dutchy of Lancaster their true and ancient inheritance howsoever the right heir unto the Crown might in future time obtain his right thereunto as it happened in king Edward 4. his time But after king Edward 4. obtained his right unto the Crown of England and was in his remitter he in Parliament attainted H. 6. and appropriated unity and annexed the said Dutchy again unto the Crown of England as by the Statute thereof made in the first yeer of his Raign may appear By which Statute three things were ordained 1. First the County Palatine of Lancaster was again established 2. Secondly he did vest it in the body politique of the kings of this Realm 3. Thirdly he did divide it from the order of the Crown-lands and in this force it did continue untill the time of H. 7. who forthwith being descended from the house of Lancaster did separate it onely in order and government from the Crown and so continueth at this day and all that is before spoken concerning the Duke and the Dukedom of Lancaster appeareth in Plowden 212. and that which there followeth Before I write further concerning the Nobility I should set down the form of the Kings Letters Patents of their Creations and the manner of solemnity used in the admittance and investry of Marquesses Earls Viscounts and Barons according to their severall degrees But I do willingly omit so to do partly because in effect the same may appear by that before recited Patent for the Creation of a Duke altering onely such things which of right ought to be altered and partly because their Patents are not onely extant and of Record but also because all those things are to be read in a printed English Book of this subject judicially made by Tho. Mills being a matter also proper to the Colledge and Corporation of Heralds and not unto the drift of my discourse and I will briefly set down some other things observable concerning each of them Of Marquesses A Marquesse that is if we consider the very nature of the word is a Governour of the Marches and hath the next place of honour after a Duke This title came to us but of late dayes and was not bestowed upon any one before the time of King Rich. 2. who made Robert Vere Marquesse of Dublin and then it became with us to be a title of honour for before time those that governed the Marches were called commonly Lords Marchers and not Marquesses After the Normans had conquered this land it was carefully observed by them as a matter of much moment and a point of speciall policie to place upon the confines and borders of the Britains or Welsh c. not then subdued men of much valour not onely sufficiently able to incounter the inrodes and invasions of the enemy but also willing to make on-set of them and inlarge the Conquest these men thus placed were of high bloud credit and countenance among their country-men the Normans and in whose faith and power the Conqueror reposed speciall confidence and trust and therefore in their territories given unto them to hold their tenures were devised to be very speciall and of great importance and their honours inriched with the name and priviledges of Earls of Chester and for the North border of Wales created to be a County Palatine and the Barons of the middle Port of the South Marches were adorned in a manner with a Palatine Jurisdiction having a Court of Chancery and Writs only among themselvs pleadable to th' intent that their attendance might not thence be driven for the prosecution of controversies and quarrells in the Law and as for the other part of the South Marches they seemed sufficiently fenced with the River of Severn and the Sea Of Earls FIrst It is to be observed that originally within this Kingdome Earldomes of Counties in the ancient English Saxon Government were not onely Dignitie● of Honour but also Offices of justice for that they did further the administration of justice in the Counties whereof they were Earls or Aldermen They had likewise their Deputies under them the Sheriff an Officer yet in being and retayning the name of his Substitution

it is no errour Brooke Cron 83. addition 58. So if any deed or obligation be made unto him by the name of yeoman If a Capius goe against A. B. yeoman and if the Sheriff● take A. B. Gentleman an action of false imprisonment lyeth against the Sheriffe vide An. 21. E. 4. fol. 71. b. But if a yeoman be indicted and A.B. Gentleman being the same man bee produced it is good Kelway 58. b. Gentlewomen have the same additions vide Dyer 88. IF one be a Gentleman by office and looseth his office then he doth also lose his gentility 28. H. 6.2 Estopel 47. By the Statute of 5. Eliz. cap 4. intituled an act touching divers orders for Artificers Labourers Servants of husbandry and apprentices amongst other things It is enacted that a Gentleman borne c. shall not be compelled to serve in husbandry If any Faulcon be lost and is found it shall be brought to the Sheriffe who must make Proclamation and if the owner come not within foure moneths then if the Finder bee a simple man the Sheriffe may keepe the Hawke making agreement with him that tooke it but if hee be a Gentleman and of estate to have and keepe a Faulcon then the Sheriffe ought to deliver unto him the Faulcon taking of him reasonable costs for the time that hee had him in custody An. 34. E. 3. cap. 22. and anno 37. E. 3. cap. 19. A Commission is made to keepe chrildren into Cathedrall Churches where children be instructed to sing for the furnishing of the Kings Chappell These generall words by construction of Law have a reasonable intendment viz. That such children who be brought up and taught to sing to seeke and sustaine their living by it Those may bee taken for the Kings service and it shall be a good preferment unto them to serve the King in his Chappell but the sonnes of Gentlemen or any other that are taught to sing for their ornament delight or recreation and not thereby to seeke their living may not bee taken against their will or the consent of their Parents and friends and so it was resolved by the two chiefe Iustices and all the Court of Star-chamber anno 43. Eliz. in the case of one Evans who had by colour of such Letters Patents taken the sonne of one Clifton a Gentleman of quality in Norfolke who was taught to sing for his recreation which Evans was for the same offence grievously punished Cook 8. Reports fol. 46. And to the end it may withall appeare what degrees of Nobility and Gentry there were in this Realme before the comming in of the Normans and by what merits men might ascend and bee promoted to the same I will shew you the copie of an English or Saxon antiquity which you may reade in Lamberts Perambulation of Kent fol. 3 64. and Englished thus viz. It was sometimes in the English Lawes that the people and lawes were in reputation then were the wisest of the people worship-worthy in his degree Earle and Chorle Theyne and under Theyne and if a Chorle so thrived that had fully five hides of land of his owne a Church and a Kitchin a Bel-house and a Gate a seat a severall office in the Kings Hall then was hee from thenceforth the Theines right worthy and if a Theyne so thrived that hee served the King on his message on his journey-journey-ward in his houshold if he then had a Theyne which him followed who to the Kings experience had five hides and in the Kings Pallace his Lord had served and thrice with his errand had gone to the King hee might afterwards with his foreoath his Lords part play at need and if a Theyne that hee became an Earle then was hee from henceforth the Theynes right worthy and if a Scholler so thrived through learning that he had degree and served Christ he was thenceforth of dignity and peace so much worthy as thereunto belonged unlesse hee forfeited so that he the use of his degree ne might Mils 73. Nobility Politicall and Civill It is observeable that the Saxons out of all these trades of life which be conversant in gaine admitted to the state of Gentry such onely as increased by honest husbandry or plentifull merchandize of the first of which Cicero affirmeth that there is nothing meeter for a Free borne man and of the other that is prayse-worthy also if at the length being satisfied with gaine as it hath often come from the sea to the haven so it changeth from the havens into lands and possessions and therefore whereas Gervasius Tilburiensis in his observations of the Exchequer accounting it an abasing for a Gentleman to occupy Publicum mercimonium common buying and selling it ought to bee referred to the other two parts of merchandize that is to negotiation which is retayling or keeping of an open shop and to invention which is exercise mercery or some call it to play the Chapman and not to navigation which as you see is the onely laudable part of all buying and selling And againe whereas by the Statute of Magna charta cap 6. and Merton cap. 7. It was a discouragement for a ward in Chivalry which in old time was as much as to say a Gentleman to bee married to the Daughter of a Burgesse I thinke it ought to bee restrained to such onely as professed handy crafts or those baser arts of buying and selling to get their living by But this matter I leave to the Heraulds And in this place it may bee remembred that King Hen. 8. thought it no disparegement unto him when hee tooke Anne Daughter of Thomas Bullen sometimes Major of London to his wife The Statute of Westminster 2. cap. I. which was made Anno 13. E. 1. was procured especially and purposely at the desire of Gentlemen for the preservation of their lands and hereditaments together with their surnames and faculties and therefore one called this Statute Gentiliteum municipale and the Lawyers call it Ius taliatum taliabile The children onely of Gentlemen were wont to bee admitted into the Innes of Court and thereby it came to passe that there was scant any man found within the Realme skilfull and cunning in the Lawes except hee were a Gentleman borne and came of a good house For they more then any kind of men have a speciall care to their Nobility and to the preservation of their honour and same for in those Innes of Court are vertue studied and vices exiled for that for the endowment of vertue and abandoning of vice Knights and Barons with other States and Noblemen of the Realme place their Children in these Innes though they desire not to have them learned in the Lawes nor to live by the practice thereof but onely upon their Fathers allowance vide Fortescue de laudibus Anglorum cap. 49. But the Statute of An. 3. Iac. cap. 4. amongst other things it is enacted that if any Gentleman or Person of high degree shall hereafter goe or passe