Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
all true Wisdom And therefore our wise and religious Ancestors called to their General Council or Wittengemote or Court of Wisemen as they called it those chief and principal persons of the Clergy which by their places and professions by their Gravities Learning and Wisdom might best advise them what was the Law of God's acceptable will and pleasure that they might frame Laws answerable or at least wise not contrary and repugnant thereunto And touching the Temporal Barons by Tenure mention is made of them in the Books of Law Records and ancient Monuments of the Realm and these Baronies were anciently uncertain and rentable at the pleasure of the King But such incertainty was brought to certainty by the Statute of Magna Charta chap. 2. Bracton doth make express mention of Barons Temporal by Tenure it shall be needful here again to remember the former assertion of Bracton That the head of a Barony descending to Daughters should not be divided by partition which argueth likewise the Tenure of Barony But let us descend to other Authority viz. the Book-Case in the 48 Edw. 3. fol. 30. Sir Ralph Everdon's Case by which Case of Law 't is most evidently proved that there are Barons by Tenure which in regard of such their Tenure ought to be summoned to Parliament And furthermore That there were or are Barons by Tenure read the Statute of Westminster 2. cap. 41. where the Fees of the Earl-Marshal and the Lord Chamberlain are expressed which are to be taken by them upon the Homage done of every Baron by Tenure whether the Baron holdeth by a whole Barony or by a less But here ariseth a Question If a Baron by Tenure alien and grant away the Honour Castle and Mannor holden by Barony whether shall such Alien or Grauntee take upon him the State Title and Dignity of a Baron or not Or what shall become of such Dignity of Baronage after such Alienation and Grant made They which do deny that there are any such Baronies by Tenure do use these as their principal Motives or Reasons First If there be any Baronies by Tenure then the Alience or Grantee of such Honour Castle and Mannor so holden must hold by the same Tenure that his Grantor or Feoffer before held but that was by Barony therefore such Grantee must hold by Barony And if such Grant or Alienation be made to persons Vulgar or Ignoble then should such Tenure be made Noble which were very absurd and full of inconveniency for Ornanda potius est dignitate domus quam ex domo dignitas utcunque quibus quaerenda est ab iis honestanda Milles peroration 3. Secondly It is very evident and manife stthat many ancient Mannors which in old time were holden by Baronage and were the head of Baronies are now in the Tenures of mean Gentlemen and others who neither may nor do challenge unto themselves in any respect hereof any Nobility without the great favour of the King 's most Excellent Majesty who is the Fountain of all Honour within his Dominions Thirdly Some ancient Barons there are that have aliened and sold many of those Castles and Mannors which did bear the Name and Dignity of Baronage and yet themselves do still retain and lawfully keep their Estate Dignity and Degree of Baron and have been and usually are such Alienations notwithstanding summoned nevertheless to the Parliament and there do take and hold their ancient place accordingly To these Objections it shall be convenient for the more easie unfolding the sâ—ate of this Question to exhibit certain necessary distinctions and upon them to draw true and infallible Conclusions and then to prove them by authority of Law consent of Time and manifold Presidents which done the Answer will be presently made as I conceive to every of the aforesaid Objections First therefore If a Baron by Tenure which holdeth any Castle Honour or Mannor by Baronage do Alien oâ— give the same away he doth it either with or without a Licence obtained from his Majesty for the same If he doth it without a Licence then the Conclusion is certain But by the Laws of this Realm the Barony Honour Castle or Mannor so aliened without licence or consent is forâ—eited and the same Honour Castle and Mannor â—o â—olden by Barony and so aliened is to â—e seized in the King's hands and the â—aid Forfeiture and such Dignity and Estate no longer to be born and continue but to be resumed and extinguished in the Crown from whence it was derived The reason therefore is notable if we call to remembrance that which was formerly alledged out of Bracton That Baronies are the strength of the Realm and suffer no division they suffer also no alienation without the consent or licence of the Sovereign Monarch for so should the Realm be infeebled and base persons ennobled without desert of Vertue or Prowess For where the thing so aliened is an Honour or Head of a Barony it differeth much from the ordinary Tenure in Capite whereof if the Tenant make Alienation without Licence he is only to pay a Fine by the Statute of 1 Edw. 3. cap. 12. whereof also before the making of the Statute there was diversity of Opinions at the Common Law after the Statute of Magna Charta cap. 31. And for further proof see Glanvile In Edward the Third certain Lands being parcel of the Barony of Bremberway were aliened by William de Browse the Baron thereof without the King's Licence and in the Argument of the Case concerning the same Judge Green delivered this for Law First That parcel of a Barony or Earldom of the King in chief cannot be aliened or dismembred without his Licence and if it be it shall be seized into the King's hands as forfeited and the King shall be seized thereof in his own right again In 43 Edw. 3. it was found by an Office that William Bishop of Chester had leased unto one Iohn Preston for his Life a Mannor which was parcel of the Mannor of the said Bishoprick without Licence and it was resolved by the Judges and others of the King's Council That the same was forfeited but by mediation of the said Council the Bishop submitted himself to the King and made a Fine and several Scire Facias's issued out against them that had received the many proâ—its to answer unto the King thereof And thus much concerning Alienations of Baronies without Licence But on the other part if a Baron by Tenure who holds any Honour Castle or Mannor by Barony do grant or alien the same by Licence I must again distinguish for either such Alienation is made for the continuance of his Barony Honour Lands and Tenements in his own Name Blood and Issue Male or else the same Alienation is made for Money or other Recompence or otherwise to a meer Stranger and hereof ensueth this second Conclusion or Assertion That if such Alienation be made for the continuance of his Barony in his Name and Blood or Issue Male
as many have made the like then may such Isâ—ue Male together with the Barony be it Caâ—â—e Honour or Mannor so holdâ—n hold and lawâ—ully enjoy the Name Style Title and Dignity of a baron Moreover concerning the second Objection It is very true that many ancient Mannors which were in times past holden by Barony are now in the hands of Gentlemen mean and ignoble by blood who neither do or may claim any Nobility or Honour thereby But there hath been some former Gifts made by the King's Progenitors to such as they honoured in augmentation and support of their Honour and for honourable Services should thus come to the hands of mean personages are twosold First For that such Mannors have been aliened by Licence unto such persons before spoken of whom such Possessions alone cannot make Noble Secondly And that was usually such Mannors as were in ancient time holden by Barony that have upon divers occasions come to the Crown were extinct and after the same Lands were given or conveyed to others reserving other Services than those which at the first were due â—or the same so that it was no marvel that some Mannors anciently holden by Barony or other honourable Service should now be holden in Soccage or by other mean Tenure As to that which was thirdly Objected That some ancient Barons there are which have aliened and sold away those Castles and Mannors of which they have and do bear the Name and Dignity and yet still themselves do retain and lawfully keep the Dignity and Degree of a Baron and have been and are called to Parliament notwithstanding such alienation To that I Answer That it is true but it proveth nothing against the former Resolution and therefore for better satisfaction of this point it is to be considered that either such Barons are original Barons by Writ or Barons by Tenure Barons by Writ in this respect now in hand are of two kinds for either in such Writ whereby they are or their Ancestors were first summoned they were only named by their own Names or else there was addition given them of the principal place of their abode which was done for distinction sake either to sever them from some honourable person of the same Name or else to give them such honourable Title by addition of the place which place notwithstanding was not holden by Barony And therefore if such a Baron do alien away that place which was antiently his Seat he may nevertheless retain his honourable Title no respect had of such place But if a Baron by Tenure do alien away the Honour Castle or Mannor holden by Barony unto a mean person not capable of Honour and by sufficient Licence so to do and after the Alienor which made such Alienation be called by Writ to Parliament under the Title or as a Baron to such Honour Castle or Mannor so aliened that away which he held by Barony But thenceforth after such Writ of Summons he is become a Baron by Writ such Alienation notwithstanding forasmuch as the Writ directeth at the pleasure of the Prince doth give unto him that Addition of Name and Dignity And thus much touching the Resolution of the said Question and satisfaction of the said Objections and of Barons by Tenure CHAP. XI Barons by VVrit which is the second kind of Barons mentioned in the former Division of Barons A Baron by Writ is he unto whom a Writ of Summons in the Name of the King is directed to come to the Parliament appointed at a certain time and place to be holden and there with his Majesty the Prelates and Nobility to treat and advise about the weighty affairs of the Nation which Writ is much to the effect of the aforementioned Writ in the Title of Earl and which kind of Writ is as well directed to the Barons of Tenure as by Creation by Patents But those that are not Barons by Tenure nor by Patent and have only such Writs after the receipt of such Writ and place taken in Parliament accordingly ought to enjoy the Name and Dignity of Barons Touching the Antiquity of Barons by Writ only and the first institution thereof I find little or no mention before the Reign of King Henry the Third and therefore I conceive that either the first or at least the first frequent use of such Barons was had and devised 49 Hen. 3. in case of necessity and upon a commendable occasion For in the disorder between the King and his Nobility in those troublesome Wars where Seditions and Rebellions were stirred up by them against the said King there were many great Battels fought to the effusion of much Blood of which said Rebellions the Right Honourable Simon Earl of Exeter was Ring-leader for the Defence of their Liberties as pretended granted by Magna Charta and Charter of the Forest which are even to this day the principal Grounds of the positive Law and are the most ancient Statutes now in use amongst us And for the defence of other Constitutions and Ordinances then made at Oxford And after divers Fields sought betwixt them at Northampton Rochester Lewes and other places last of all was the Catastrophe of that Tragedy finished at Eveshalm or Easam in Worcestershire where the said Earl was slain the King gained the Victory and the rebellious Barons received their overthrow Upon which presently ensued the Parliament holden at Winchester in Hantshire and afterwards at Westminster where such of the Barons as were slain in the Field against the King and such others of them as were taken Prisoners or made their escape by flight were to be attainted and disinherited of their Estates And the Number of Barons who had continued faithful unto their Soveraign being small it was deemed a necessary policy to supply the number of the diminished Barons with other persons of known worth wisdom and repute by reason whereof there were called at those Parliaments the Abbots and Priors of the Realm as well those that held not by Barons as others and divers others of the most worthy Laity not holding by Barony and these by means thereof were thenceforth Barons by Writ but certain of the said Abbots and Priors which held not by Barony and thought it a burthen to their Houses got themselves upon Petition afterwards to be exempted as by divers Records thereof remaining in the Chancery may appear This moreover is to be noted concerning the Writ of Summons to Parliament that those Writs in form of their directions are divers some directed by special Name of Barons as Rex c. Edmundo Baroni de Stafford Iohanni Baroni de Graystock Iohanni Baroni de Dudley Edwardo Nevill Baroni Abergaveny as it was in the Reign of King Iames. Some other are summoned by Name of the party with addition of the place as Iohanni Strange de Knocking Militi Edwardo Gray de Groby Militi Iohanni le Scroop de Masham Militi Willielmo Souch de Harringworth Militi the chief Castle or Mannor of such
Realm to do Justice shew Mercy keep Peace and Unity c. The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations by the Common Law of England or by Statutes The Regalia were anciently called Sacra Sacrorum as his Lands are called in Law Patrimoniâ—â— Sâ—câ—â—â— now commonly Royal Prerogaâ—ives The King being Principium Capâ—â— â—inis Parliâ—menti may of his meer will and pleasure Convoke Adjourn Remove and Dissolve Parliaments He may to any Bill that is passed by both Houses of Parliament refuse to give his Royal Assent without rendring a Reason and without his Assent a Bill is as a â—ody without a Soul He may at his pleasure encrease the number of the Members of both Houses by creating more Peers of the Realm and besâ—owing priviledges upon any other Towns to send Burgelles by Writ to Parliament and he may refuse to send his Writ to some others that have sate in former Parliaments He hath alone the choice and nomination of all Commanders and Officers for Land and Sea-service the choice and election of all Magistrates Counsellors and Officers of State of all Bishops and other Ecclesiastick Dignities also the bestowing and conferring of Honours and the power of determining Rewards and Punishments By Letters Patent his Majesty may erect new Counties Universities Bishopricks Cities Boroughs Colledges Hospitals Schools Fairs Markets Courts of Judicature Forests Chases Free Warrens c. The King by his Prerogative hath power to enfranchise an Alien and make him a Denison whereby he is enabled to purchase Lands and Houses and to bear Offices He hath the power to grant Letters of Mart or Reprisal to grant safe Conducts c. He hath at all times had the right of Purveyance or Preemption of all sorts of Victuals within the Verge viz. Twelve miles round of the Court and to take Horses Carts Ships or Boats for the Carriage of his Goods at reasonable rates Also by Proclamation to set reasonable rates and prices upon Flesh Fish Fowl Oats Hay c. sold within the limits of the Verge of the Court in the time of his Progress Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and until the King's Debts be satisfied he may protect the Debtor from the Arrest of other Creditors He may disâ—rein for the whole Rent upon one Tenant that holdeth not the whole Land He may require the Ancestors Debt of the Heir though not especially bound He is not obliged to demand his Rent according to the Custome of Landlords He may distrein where he pleaseth and sue in any of his Courts No Proclamation can be made but by the King No protection for a Defendant to obstruct the course of the Law against him if he be not one of his Majesties Menial Servants In case of loss by Fire or otherwise his Majesty granteth Patents to receive the Charitable Benevolences of the people No Forest Chase or Park to be made nor Castle Fort or Tower to be built without his Majesties especial Licence Where the King hath granted a Fair with Toll to be paid yet his Goods shall be there exempted from the said Duties of Toll His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance as Sheriff Constable Church-warden or the like All Receivers of Money for the King or Accomptants to him for any of his Revenues their Persons Lands Goods Heirs Executors and Administrators are at all times chargeable for the same for Nullum tempus occurrit Regi His Debtor hath a kind of Prerogative Remedy by a Quo minus in the Exchequer against all other Debtors or against whom they have any cause of personal Action supposing that he is thereby disabled to pay the King and in this Suit the King's Debtor being Plaintiff hath some priviledges above others In doubtful Cases semper praesumitur pro Rege no Statute restraineth the King except he be especially named therein The quality of his Person alters the descent of Gavelkind the Rules of joynt Tenancy No Estoppel can bind him nor Judgment final in a Writ of Right Judgments entred against the King's Title are entred with Salvo Iure Domini Regis That if at any time the King's Counsel at Law can make out his Title better that Jugment shall not prejudice him which is not permitted the Subject The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years and to marry his eldest Daughter at the Age of Seven years which Ayd is 20 s. for every Knights Fee and as much for every 20 l. per annum in Soccage Moreover if the King be taken prisoner Ayd-money is to be paid by the Subjects for his Redemption The King upon reasonable Causes him thereunto moving may protect any of his Subjects from Suits of Law c. In all Cases where the King is party his Officers with an Arrest by force of a Process at Law may enter and if any entrance be denied may break open the House of any man by force A Benefice or Spiritual Living is not full against the King by Institution only without Induction although it be so against a Subject None but the King can hold Plea of false Judgments in the Courts of his Tenants The King by his Prerogative is Summus Regui Custos and hath the Custody of the Persons and Estates of such as for want of understanding cannot govern themselves or serve the King that of Ideots to his own use and that of Lunaticks to the use of the next Heir So the Custody or Wardships of all such Infants whose Ancestors held their Lands by Tenure in Capite or Knights Service were ever since the Conquest in the King to the great honour and benefit of the King and Kingdom But abuses which too often happened made the people complain thereof which was the cause of its laying aside His Majesty is Vlâ—imus Haeres Regni and is as the great Ocean is of small Rivers the Receptacle of all Estates for want of Heirs or by Forfeiture Revert or Escheat to the King All Spiritual Benefices for want of presentation in due time by the Bishop are elapsed to the King All Treasure Trove that is Money or Gold and Silver plate or Bullion found and the owners unknown belongs to the King So doth all Waifs Strays Wrecks not granted away by him or any former Kings All waste Ground or Land recovered from the Sea All Lands of Aliens dying before Naturalization or Denization and all other things whereof the property is not known All Gold and Silver Mines in whose Ground soever they are found Royal Fish as Whales Sturgeons Dolphins c. Royal Fowl as Swans not mark't and swimming at Liberty on the River belong to the King In the Church the King's prerogative and power is
to the Crown of England shall bear his Coronet of Crosses and Flower de lis with one Arch and in the midst a Ball and Cross as hath the Royal Diadem That his Royal Highness the Duke of York and all the immediate Sons and Brothers of the Kings of England shall use and bear their Coronets composed of Crosses and Flower de lis only But all their Sons respectively having the Title of Dukes shall bear and use their Coronets composed of Leaves only as the Coronets of Dukes not being of the Royal Blood Note That by Order not Creation our present King was admitted Prince of Wales had the Principality with the Earldom of Chester c. confirmed to him by Patent and was allowed to hold his Court apart from the Kings The Prince by the Common Law is reputed as the same Person with the King and so declared by Statute temp Hen. 8. The Civilians say the King 's eldest Son during his Fathers life may be styled King by the Law of Nations because of his so near Relation to the Crown that if the Father die he is ipso momento Rex though he be not crowned A usual custome in Spain and once allowed here to Henry Son of King Henry the Second yet he holdeth his Seigniories and Principalities of the King as Subject to him and giveth the same respect to him as other Subjects do He hath certain priviledges above other persons To him it was permitted by the Statute 24 Hen. 8. cap. 13. to wear Silk of the colour of Purple and cloth of Gold of Tissue in his Apparel or upon his Horse And by the Statute 24 Ed. 3. ca. 2. Takings shall not be from henceforth made by others than the Purveyors of the King of the Queen and of the Prince their eldest Son And that if any mans Purveyor make such takings it shall be done of them as of those that do without Warrant and the Deed adjudged as a thing done against the Peace and the Law of the Land and such as do not in manner aforesaid shall be duly punished To eschew Maintenance and nourish Peace and Amity in all parts of the Realm many Statutes have been made in the Reign of King Henry the Fourth prohibiting the giving of Signs or Liveries to any but Menials nevertheless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honourable Liveries or Sign to the Lords or to his Menial Gentlemen and that the same Lords may wear the same as if they were the King's Liveries and that the Menials of the Prince may also wear the same as the King's Menials But afterwards by occasion of divers other Statutes made by sundry Kings for the suppressing oâ— that enormity of Maintenance and of the general word in them that priviledge of the Prince was abridged or rather taken away therefore the Statute 12 Ed. 4. cap. 4. was made By the Statute 21 H. 8. cap. 13. the Prince may retain as many Chaplains as he pleaseth although all other of the Nobility except those of the Blood Royal are constrained to a certain number and they or any of them may purchase Licence and Dispensation and take and retain two Parsonages or Benefices with Cure of Souls By the Order of the Common Law the King may Levy a reasonable Ayd of all his Tenants as well of those that did hold their Lands of him by Knights Service as in Soccage pur faire fitz Chevalier pur File marrier and the sum of Money was not in certainty Note that the Ayd is not to be recovered before the Son be of the Age of Fifteen years and the Daughter accomplish the Age of Seven years Fitz. Natur. B. 28.6 But in the King's pleasure till by the Statute in the 25 Ed. 3. cap. 11. it was Enacted That for the Knighting his eldest Son and marrying his eldest Daughter as aforesaid the Ayd following shall be demanded and levied viz. of every Knight so holden of the King without mean 20 s. and no more and of every 20. l. of Land holden of the King without mean in Soccage 20 s. and no more And so after this rate for the Lands in Soccage and for Land in Tenure of Chivalry according to the quantity of the Fee By another Statute made in the said 25 th of Edward the Third cap. 2. amongst other things it is declared That to compass or imagine the death of the King 's eldest Son and Heir is Crimen laesae Majestatis or if a man do violate the Wife of the King 's eldest Son and Heir it is High Treason And so the Statute 26 Hen. 8. cap. 13. doth declate And so was the ancient Common Law of this Realm and not a new Law made by the Statute Coke 8. part 28. b. but this Statute is a Manifestation and Application of the ancient Common Law in this Case Because the people were in ambiguity Whether Children born in parts beyond the Sea and out of the King's Dominions should be able to demand any Inheritance within his said Dominions or not It was declared at a Parliament holden at Westminster in the Seventeenth of King Iames for the removing of those doubts That les Enfants du Roy the Children of the Kings of England in whatsoever parts they are born in are able and ought to bear the Inheritance after the death of their Ancestors Read the Statute in Coke's Seventh Part 8. a. where you shall see that though generally the Birth-place is observed yet many times Legiance and Obedience without any place in the King's Dominions may make a Subject born For we see by Experience almost in every Parliament that Ambassadors Merchants and the King's Souldiers do sue therein in such Cases to have their Children Naturalized or made Denisons And in the Articles confirmed by Parliament touching the Marriage between Philip King of Spain and Queen Mary Anno primo Parliamenti 2. cap. 2. a special Proviso was to bar him from being Tenant by the Courtesie of the Crown in case he should have Issue by her and survive which was superfluous because the Common Law would have denied it For this last point see the Lord Chancellor's Speech in the Case Postnati f. 36. But note If an Alien Enemy come into this Realm and his Wife English or Stanger be here delivered of a Child this Child notwithstanding his Birth-place is an Alien born for want of Allegiance in the Parents ibid. King Henry the Third did create Edward his eldest Son the first Prine of Wales and did give unto him the Dominion and Dignity thereof to be holden of him and his Heirs Kings of England And after that time the eldest Sons of the Kings of England have been Princes of Wales and as incident to the State and Dignity of a Prince did and might make Laws and Statutes and use Jurisdiction and Authority as amply as any King of that Nation could do for Wales was a Kingdom in ancient
There is none of the Nobility but have sufficient Freehold which the Plaintiffs may extend for their payment or satisfaction But a Capias or Exigit lieth against a Knight for the Law hath not that Opinion of his Freehold And if any of the Nobility happen to be so wilful and not to appear the Court will compel the Sheriff to return great Issues against him and so at every default to encrease the issues as lately against the Earl of Lincoln hath been in practice By the ancient Laws of this Realm before the coming of William the Conqueror many good Laws were made for keeping the Peace and amongst others That all above the age of twelve years should be sworn to the King which we in remembrance thereof do keep at this day in the view of Frank Pledge or the Court Leet But Noblemen of all sorts are neither bound to attend the Court Leet nor to take the Oath as appeareth by Britan. c. 29. treating of the Court called the Sheriffs Tourn out of which the Leet to be extracted And agreeable thereunto is the Statute of Marlbridge cap. 10. See the Lord Chancellor's Speech in the case of Postnati fol. 78. If a Writ of Error be brought in Parliament upon a Judgment given in the King's Bench the Lords of the higher House alone without the Commons are to examine the Errors ibid. fol. 22. In the 11 th of Henry the Fourth fol. 26. in a Case concerning a Distress taken for Expences and Fees the Knights of the Parliament are not contributary for such Lands as are parcel of their ancient Lordships and Baronies but for other Lands they are But there is a Question made If one which is no Baron but ignoble do purchase any ancient Barony whether he shall be discharged of such Expences and Fees or not Which is not worthy the questioning For as Land holden by Villainous Service doth not make him a Villain or Bondman which being free doth purchase the same although by his Tenure he shall be bound to do such Villainous Service So on the other side Land that is holden by Barony doth not make the Villain or Ignoble which purchaseth the same to be Noble although the charge of such Tenure do lye upon him in respect of the Service of the Realm It is said in our Books That a day of Grace or by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action whereby a Nobleman is Defendant because thereby a Nobleman should be longer delayed than the ordinary course of the Court is and such a Lord is to have expedition of Justice in respect that he is to attend the person of the King and the Service of the Commonwealth But if there be no Noble person to the Suit the Judges do and may at their discretion upon a motion grant a day more of Grace otherwise than by the strict course of the Law the Plaintiff may challenge Cambden f. 169. writing upon this Subject saith Where a Nobleman is Demandant the Defendant may not be assoyned for the delay and cause aforesaid To which I could also subscribe but that the Book in the fifth of Hen. 4. 15. b. is otherwise adjudged There the King brought a Quare Impedit against a common person and the Defendant was essoyned by a Rule of Court If any Peer of the Realm be Plaintiff or Defendant in any Action real or personal a-against any other whereupon any Issue is to be tryed by a Jury the Sheriff must return one Knight at the least to be of the Inquest otherwise upon challenge made the whole pannel shall be quashed Which by order of the Law is appointed to be done for honour and reverence due to the person of that degree For when a Peer of the Realm is party it is otherwise than when the Suit is between private persons F. N. B. Title Challenge 115. 13. Edward the Third in a Quare Impedit against a Bishop adjudged But the Earl of Kent in the fourteenth year of the late Queen's Reign and the parties did plead to an Issue the Venire Facias is awarded which the Sheriff did return â—â—rved and a pannel returned accordingly in which is no Knight named The truth of which Case was that after the return made the Demand is published and demanded by the Queen and the Heralds to be Earl of Kent in right and discent although he had not been so reputed or named before and also after that time that is to say at the then last Parliament the Tenant is made a Baron by Writ of Parliament and then the Jury doth appear in the Court of Common Pleas and the Earl of Kent did challenge the Array because no Knight was returned but it was not allowed him by the Court for the admittance of both parties is to the contrary and no default can be laid to the Sheriff for he had no notice of the honourable Esâ—ate of either of the parties the Demandant not being then known or reputed to be an Earl by descent or of the Tenant then also being no Baron How much the Common Law hath always prohibited perpetuity in Lands and Tenements you may see in Corbet's Case in the first part of Coke's Book fol. 48. and in many other Cases in the rest of his Books As also Littleton fol. 145. saith it is a principle in the Law that every Land in Feesimple may be charged with a Rent But if the King's Majesty upon a Creation of any Peer of the Realm of what degree soever do as the manner is by Letters Patent give unto any such new created Nobleman an Annuity or Rent for the support of his degree which they call Creation-money this is so annexed to the dignity that by no Grant Assurance or any manner of Alienation it can be given from the Lord but is still incident and a support of the same Creation In all Cases wherein is any Suit a Baron or Peer of the Realm is to be amerced no less than five pounds but the amercement of a Duke is One hundred pounds Although the Statute of Magna Charta chap. 14. be in the Negative viz. Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti yet use hath reduced it into a certainty As also by the same Statute it appeareth that such Amercements should be assessed per pares suos but that it were troublesome to assemble Barons for so small a matter such Amercements in times past have been assessed by the Barons of the Exchequer who sometime were Barons of the Realm as is already taken notice of and so writeth Bracton lib. 3. tract cap. 1. fol. 116.8 Whereas by Statute 32 Hen. 8. cap. 16. it is enacted That the Subjects of this Realm shall not keep in their Houses or Families above the number of four Strangers born nevertheless by a Proviso in the same Act every Lord of the Parliament hath this
to the party for so it is termed in Brook's Title Additions 44. but an Honour to the Kingdom And therefore it hath been an ancient Prerogative of the Kings of this Realm at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine But we see by Experience in these days that none are compelled thereunto and that is the reason wherefore if the Plaintiff be Knighted having the Writ it shall abate because he hath changed his name and that by his own Act. And for that cause also by the Common Law not only the King but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight And all Lands are subject to these Aids except only ancient Demesne and grand and petty serjeanty-Serjeanty-Tenures as the Law hath â—een anciently delivered And in Io. Shelden 131. where also it is said one that wrote a little after the Statute of Westminster the first allows as a good barr to the Avowry for the Tenant to plead that the Father himself is no Knight so that one not Knighted cannot claim this Ayd of his Tenants Briâ—an cap. de prices de avers And it was at the liberty of the Lord to make more or less of his Tenants by the Common Law in this Case but by the Statute of Westminster the first Chap. 35. it is put in contrary viz. forasmuch as before this time reasonable Aid to make ones Son Knight or to marry his Daughter was never put in certain nor how much should be taken nor at what time whereby some levied unreasonable Aid and more often than seemed necessary whereby the people were sore grieved It is provided that from henceforth of a whole Knight's Fee there be taken but Twenty shillings and of Twenty pounds in Land holden in Soccage Twenty shillings and of more more and of less less after that rate And that none shall levy such Aid to make his Son a Knight until his Son be of fifteen years old nor to marry his Daughter until she be of the Age of seven years And of that there shall be mention made in the King's Writs formed on the same when any will demand it And if it happen that the Father after he hath levied such Aid of his Tenants die before he hath married his Daughter the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid And if the Father's Goods be not sufficient his Heir shall be charged therewith unto the Daugher And this Aid is so incident that although the Lord do confirm unto the Tenant to hold by Fealty and certain Rent and release unto him all other Services and Demands yet shall he have the Aid to make his eldest Son a Knight But the King was not bound by the Statute aforementioned because the King was not named in the Statute Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value The intention of the Law is That an Heir until the Age of One and twenty years is not able to do Knights Service But such a presumption of Law doth give place to a Judgment of proof to the contrary as Bracton saith Sâ—abitur presumptioni donec probetur in contrarium And therefore when the King who is the Sovereign Judge of all Chivalry hath dubbed him a Knight he by this hath adjudged him able to do him Knight's Service and all men are concluded to say the contrary to it And therefore such an Heir being made a Knight either in the life time of his Father or afterwards during his minority shall be out of Ward and Custody both for his Land and Body and marriage by the Award of the ancient Common Law By reason also that the Honour of Knighthood is so great that it is not to be holden under by any yet if the King do create such an Heir within Age a Duke Marquess Earl Viscount or â—aron by this he shall not be out of Ward and Custody both for his Land and Body And therefore it is propounded by the Statute of Magna Charta chap. 3. Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in Custodia Dominorum suorum So that although such an Heir within Age be made Knight and thereby to this purpose is esteemed as of full Age yet the Land shall remain in Custody of the Lord till his Age of One and twenty years by the purview of the said Act. Question If the Son and Heir of the Tenant of the King by Knights Service c. be made Knight in Paris by the French King whether he shall be out of Wardship after the death of his Father or no for thereby he is a Knight in England Coke's seventh part b. 2 Edw. 4. fol. tamen vide in Coke's sixth part 74. b. mention is only made of Knights made by the King himself or by his Lieutenant in Ireland But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor and after the death of his Ancestor the said Heir being within Age shall in this Case be out of Ward and shall pay no value for his marriage neither shall the Lord have the Custody of the Land for in that Case by the making of him Knight in the life of his Ancestor he is made of full Age so that when his Ancestor dieth no interest either in the Body or in the Land shall invest in the Lord but the Knight may tender his Livery as if he were of full Age And in that case the King shall have primier Seisin as if he had been One and twenty years of Age at the time of the death of his Ancestor and not otherwise For the Statute of Magna Charta doth not extend unto it for the purview of it doth extend only when the Heir in Ward infra aetatem is made Knight then remanet terra in Custodia c. But when the Heir is made Knight in the life of his Ancestor then the Custody cannot remain which never had any inception or essence Also when the Heir after the death of his Ancestor within Age is made Knight if after tender made to him he within Age do marry elsewhere yet he shall not pay the forfeiture of his marriage for by the making him Knight he is out of Ward and Custody of his Lord for then he ought to be sui Iuris and may imploy himself in feats of Arms for defence of the Realm c. and therefore may not be within the Custody of another and none shall pay any forfeiture but when after any refusal he doth marry himself during the time when he is under the custody and keeping of his Lord And this doth appear by the Statute of Merton chap. 6. Si se mariturierit sine licentia
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
priviledge THE Statute of Westminster 2. cap. 39◠saith If the Sheriff return that he cannot execute the Kings precept propter resistentiam alicujus magnatis if it be true he shall punish the resisters by Imprisonment from whence they shall not be delivered without the Kings special commandment In 11 Hen. 4. 15. in homine replegiando against Dame Spencer a Peer of the Realm viz. a Baroness born a Capias was granted because it was an high injury to the person whom she eloigned and in some other cases of great contempt a Capias may be awarded against a Peer An Abbot which was a Lord of the Parliament was impleaded and he did pray priviledge to appear by an Attorney and by the Rule of the Court he could not because the Statute is general and against it but by a special Writ out of Chancery he might and so in case where he doth pray to be received For if a Lord of the Parliament holding Lands of another in Feesimple doth forbear and withhold to do and pay his Service to his Landlord and that by the space of two years whereupon he bringeth a Writ of Cessment which is his Remedy given by Law thereby to recover the Inheritance of the Land But the said Lord for the saving of Tenancy being minded to pay all the Arrearages before Judgment given against him as by the Law he ought to do in this case he must come in proper person and not by an Attorney If a Nobleman be indicted and cannot be found Process of Outlary shall be awarded against him per legem terrae and he shall be outlawed per judicium Coronatorum but he shall be tried per judicium parium suorum when he appeals and pleads to issue If any Lord did depart this Realm as Ambassador and otherwise by the Kings Licence or without Licence and do not return at the King's command or upon the Kings Writ upon his privy Signet the King may seize his Goods and Chattels If a Lord arrested upon a Supplicavit for the peace do refuse to obey the Arrest and make Rescous and the Sheriff do return the Rescous upon such return shall issue an Attachment against the said Lord for his contempt to take his Body and this is a way to obtain the peace against any Lord of the Parliament whereas the party could not have an Attachment against him if the Subpoena had been duly served and peaceably accepted of although the said Lord had not appeared thereupon All Lords are compellable to take the Oath mentioned in the Statute of the 7 th of King Iames chap. 4. And see the Statute of the 7 th of King Iames chap. 6. who have Authority to minister the said Oath unto them If a Baron that holdeth by Baron Tenure have his absence excused by Essoyn he which casteth his Essoyn or Excuse ought to find Surety that the said Essoyn is true But in case of common persons it shall rest upon the Credit and Integrity of the Essoyner wherein a Lord hath lesser priviledge than a common person And whereas the Amercements should be offered per pares the use is to refer them to the Barons of the Exchequer When a Peer of the Realm is Arraigned in any Appeal of Felony he shall not have that priviledge to be tried by his Peers as in case of Indictment but must undergo the ordinary Trial of Twelve men Also in case of Indictment the Defendant though a Peer may not challenge any of his Triers And the Judgment to be given against any Lord of Parliament in cases of Felony or Treason shall be no other than according to the usual Judgment given against common persons And their Execution through the special Grace and Favour of the King is beheading By Attainder of Felony or Treason is corruption of Blood so that their Children may not be Heirs unto them nor to any other Ancestor And if he were a Nobleman before he is by the Attainder made Ignoble not only himself but all his Children having regard unto the Nobility which they had by their Birth And this corruption is so strong and high that it cannot be salved by the King's pardon or otherwise than by Authority of Parliament But here is to be observed That Nobility is not a thing substantial but mere accidental for it may be present or absent without corruption of the Subject whereof it doth depend for experience sheweth That the passing of honourable Titles are restrained by exorbitant Crimes when as Nature in the mean while cannot be thrust away Wherefore though the Lawyers do call Extinguishment of Nobility which happeneth by such hainous Offences committed by corruption of Blood nevertheless they use not this manner of phrase as though Nobility were naturally and essentially in the Honour of Blood more than any other hereditary Faculty but because the right of Inheritance which is by degrees of communication of Blood directed is by that means determined and also in regard of the hatred and detestation of the Crime it is called corruption of Blood And here a Question may arise Whether by Attainder of the Father the Blood be so corrupted that the Son shall also be barred his Mother's Inheritance who hath not transgressed or no They that maintain the Affirmative say That forasmuch as none can be procreated or ingendred according to the course of Nature but of a Father and Mother and must have in him two Bloods viz. the Fathers and Mothers therefore the Law also faith Those Bloods commixt in the person of a man in lawful Marriage do constitute and make him an Heir and that none can be Heir unto any unless he hath both Bloods in him to whom he doth convey himself to be Heir And therefore the Heir of the half Blood shall not inherit because he doth want one of the Bloods which should make him inheritable And upon this reason Britan. chap. 5. saith If a man be attainted of Felony by Iudgment the Heirs ingendred after the Attainder are precluded from all manner of succession in the Heritage as well of the part of the Mother as of the Father for ex leproso parente leprosus generatur filius And when the Father is attainted of Treason or Felony the Blood in respect whereof he is Inheritable being corrupted the same hath but half his Blood that is the Blood of his Mother in him without corruption And with this doth agree Bracton lib. 3. cap. 13. Non valebit felonis generatio nec ad haereditatem paternam nec maternam si autem ante feloniam generationem fecerit talis generatio succedit in haereditatem patris vel matris à quo non fuerit felonia perpetrata Because at the time of his Birth he had two lawful Bloods commixt in him which could not be corrupted by the Attainder subsequent but only as unto that party who did offend But on the Negative part it is said That the Law is not so penal against the innocent Child as
Honour deported themselves after the manner of Military Knights of those days To look further back ancient Histories do take notice of the Amazons of old whose Fame in Arms is sufficiently known Although Noble women may not sit in Parliament in respect of their Sex yet they are in Law Peers of the Realm and all or most of the prerogatives before mentioned which to the Noblemen are belonging do appertain unto them But the Opinion of some men have been That a Countess Baronness and other women of great Estate cannot maintain an Action upon the Statute de Scandalis magnatum because the Statute 2 Rich. 2. speaketh but of Prelates Dukes Earls Barons and of the Chancellor Treasurer Privy Seal Steward of the King's Houshold and other Nobles great Officers of the Realm by which words they conceive that the meanings of the Makers of that Statute was only to provide in that case for Noblemen and not for Noble women Also if any of the King's Servants within the Check-Roll do conspire the death of any Noble woman it is not Felony within the compass of the Statute 3 Hen. 7. 18. Honourable women as before noted are of three sorts by Creation by Descent and by Marriage And the King may create any woman into any Title of Honour at his pleasure and the King by his Letters Patents openly read in Parliament without any other Investure did create Mary Fane Widow the sole Daughter of Baron of Aburgaveny Baronness de le Spencer Noble women by Descent are either those to whom the Lands holden by such Dignity do descend as Heir and they are said to be Honourable by Tenure or by whose worthy Ancestors to whom they were Heirs was seized of an Estate descendable to them in their Titles of Dukedoms Earldoms or Baronies or those whose Ancestors were summoned to Parliament for hereby also Inheritance doth accrew to their Posterities Noble women are also those who do take to their Husbands any Lord or Peer of the Realm although they themselves were not of any degree of Nobility Question and doubt hath been made Whether if a man be summoned to Parliament and afterwards die without Issue Male the Dignity and Title of Honour may descend to the Heir Female And many Arguments have been pro contra in that case which at this time I purposely omit because I have before discoursed thereof in the Chapter of Barons Concerning the Title of Honour descendable to the Heir Female by reason of a Tenure of her Ancestors there needs no more doubt to be made than of Offices of Honour the which do much support the publick wealth and being of Estate of Inheritance do descend to the Heir Female if there be no nearer Heir Male As the Office of High Constableship of England challenged in the time of Henry the Eighth by the Duke of Buckingham and adjudged by the Advise and Resolution of the Judges as by a note of that Case extant whereof Dyer in his Reports hath a memorial 205. b. Kelway the Sixth of Henry the Eighth 170. b. which descended to the Daughter of Humphrey de Bohune Earl of Hereford and Essex as before is declared The Office of the Lord Steward descended to Blaunch Daughter of Henry Earl of Lancaster in whose right Iohn of Gaunt her Husband enjoyed the same The like may be said of the Office of Earl-Marshal which descended by an Heir Female unto the House of Norfolk All which Offices are as unfit to be exercised by a Woman as for a Woman of Honour to be summoned to the Parliament And when a Title of Honour doth descend to a Woman if question in Law do arise between the said Noble woman and any other person whether she be of that Degree of Nobleness or no the Issue shall be tried by the Record thereof and by the King 's Writ it shall be certified and not by a Jury of twelve Men even as it should have been in case her Ancestor had been party Although the Laws of the Realm regularly do make all the Daughters where there are no Sons equally to inherit Lands and Tenements and to be but one Heir to their Ancestor yet it is not so in the descent of Dignity and Titles of Honour for Inheritances concerning matter of Honour being things in their nature participating of Superiority and Eminency are not partable amongst many and therefore must of necessity descend unto one and that is to the eldest Daughter Sister Aunt or Cosin Female and inheritable where there is no Heirs Males that may lawfully challenge the same And so in this point is the Civil Law Nevertheless there was a Judgment in the time of Henry the Third touching the descent of the Earldom of Chester after the death of the Earl who died without Issue his Sisters being his Heirs which Judgment was That the said Earldom should be divided amongst the said Copartners as the other Lands and that the eldest should not have it alone But this Judgment was holden Erroneous even in those times wherein it was given For Bracton a Learned Judge who lived in that Age writeth thereof treating of partition between Copartners lib. 2. Case 24. by which it is evident That Baronies and Dignities of Honour do by the Laws of this Realm descend unto the eldest Copartner and the Judgment given once to the contrary thereof Bracton doth rightly account to be unjust His Reason is notable Forasmuch as the Honour of the Chivalry of this Realm doth chiefly consist in the Nobility Reason would not that such Dignity should be divided amongst Copartners whereby through multitude of partitions the reputation of Honour in such Succession and so divided might be impaired or the strenght of the Realm being drawn into many hands with decrease of livelyhood by such partition should be infeebled In which Resolution Britton the Learned Bishop of Hereford who compiled his Book of the Laws of this Realm by the Commandment and in the Name of Edward the First accordeth Britton 187. And therefore howsoever the Judgment was given or whensoever it is nevertheless very evident that it was soon redressed For if it were given upon the death of Ralph the last of that Name Earl of Chester who died about the Seventh of Henry the Third without Issue the Writers of that time do testifie that the Earldom of Chester came wholly unto Iohn Scott the Son of David Earl of Huntington and Auguish and Maud the eldest Sisters of the said Ralph if it were given upon the death of the said Iohn Scott who died about the Four and twentieth of Henry the Third without Issue yet notwithstanding the said Judgment stood in force for that the said King assumed the Earldom into his own Hands upon other satisfaction made to the said Sisters Copartners of the said Iohn Scottâ— Ne tanta haereditas inter colos deduceretur Matth. Paris Monaster Sancti Allane in Crompton fol. 366. b. Nevertheless you may read in this Treatise 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-Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad so soccage-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-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
his Enemies by Forty days well and conveniently arrayed for the War In this Case the Law hath such regard to the Dignity of Knighthood that he may find an able person to go for him and the Knight is not compelled by his Tenure to go in person as ordinary Souldiers who are hired or retained by Prest-money or Wages There hath been many and varying Opinions of the contraries of a Knight's Fee as you may read in Coke's ninth Part 122. and there it is proved that Antiquity hath thought that Twenty pounds in Land was sufficient to maintain the Degree of Knighthood as it doth appear in the ancient Treatise De modo tenendi Parliamentum tempore Regis Edwardi filii Regis Ethelred which also doth concur with the Act of Parliament Anno primo Edw. 2. de militibus by which Act of Parliament Census militis the Estate of a Knight was measured by the value of Twenty pound Lands per Annum and not by any certain content of Acres And with this doth agree the Statute of VVestminster cap. 35. Fitz. Nat. Brev. 82. where Twenty pounds Land per Annum in Soccage is put in equipage with a Knight's Fee And this is the most reasonable estimation for one Acre may be more worth in value than many others And it is to be observed That the relief of a Knight and of all Superiors that be Noble is the fourth part of their Revenue by the year as of a Knight five pounds and so of the rest And because this Tenure doth concern Service in War the Tenants are therefore called Milites Militia for though the word doth properly signifie a Souldier yet antiquity hath appropriated that name to the chiefest of Military Profession In our Law they are styled Milites and never Equites yet so that Miles is taken for the self same that Chivalry is Bracton fol. 79. maketh mention of Rode Knights that is to say serving Horsmen who held their Lands with condition that they should serve their Lords on Horsback And so by cutting off a peece of a Name as our delight is to speak short this name Knight remaineth with us for Armiger scil the Esquire which is a Degree under the Knight was in the Military Service to serve on foot Note He that holdeth by a whole Knight's Fee must be with the King Forty days well and compleatly arrayed for the War which is to be understood to serve on Horseback And in all Nations the name of this Dignity is taken of Horses for the Italians call them Cavelieri the Frenchmen Chivaleris the Germans Regters our Britains Murgeghe all riding and in Latin we call them Equites aurati for at their Creations besides the Sword and Girdle gilt Spurs were added for more Ornament And when a Knight doth commit any offence for which he is by the Law to suffer death the use hath been in the begining of his punishment to degrade and deprive him publickly of his Honour of Knighthood for it is but with life leas'd or taken away Mills 81. by ungirding his Military Girdle by taking away his Sword and broken his Spurs cut off with an Hatchet his Gauntlets pluck't from him and the Escocheons of his Arms reversed And in the Statute made 24 Hen. 8. chap. 13. entituled an Act for Reformation of Apparel It was permitted for Knights to wear a Collar of Gold named the Collar of SS And although this Dignity of Knighthood had its original and was given to men of War and Prowess yet in all Successions of Ages and in all Nations the same also is bestowed upon men of Peace by the Sovereign Power to deserving persons whereby the Service of the Commonwealth at home is made equal with that abroad For as Tully saith truly Parvi sunt arma foris nisi est consilium domi But Experience the faithfullest Counsellor and best Mistress hath made it manifest both in this modern Age as well as in that of Tullie's that the Camp hath bred more eminent Statesmen and happily as good Politicians as the long Robe Perhaps for this Reason one aims chiefly at Glory and Honour which easily attracts admirers and favourers the other at Riches and indirect Negotiations which begets Envy and private Enemies He that receiveth the Dignity of a Knight kneeleth down and then the King slightly smiteth him upon his Shoulder and saith unto him these words in French Sois Chivaler au nome de Dieu and afterwards saith moreover Avance Chivaler See the Book of Titles of Honour due to the Earl-Marshal for the making of Knights 176. For a Knight is not made by Letters Patents or by the King 's Writ as those of higher Dignity but by the Sword for this Honour is supposed to be given on the sudden and therefore is commonly done by the Sword although the King may by his Letters Patents create a Knight Earls in ancient times had a power of Knighting but now neither may the Prince or any other of the Nobility make a Knight but only the King or Lieutenant General by his Commission No man is born a Knight as he may be to Titles of Honour by Patent but a Knight may be made assoon as a Child is baptized except Knight Bannerets Note the printed Book of Titles of Honour fol. 218 313. the first Knight With us in England there are divers sorts of Knights whereof Cambden 171. and Mills do write at large But amongst the Romans there was but one Order of them and they were next in Degree unto the Senators And they who simply without any Addition be called Knights howsoever they are in order ranked last yet by institution they are first and of greatest Antiquity and the other Orders are but late Attributes according to the several inventions of particular Princes And I do not remember that in our Books of Law I have read any thing concerning the Order of Knights with Addition viz. Knights of the Honourable Order of the Garter Knights Bannerets and Knights of the Bath But in the Statute 12 Hen. 8. cap. 13. it is enacted That every Knight of the Garter may have three Chaplains whereof every one may purchase licence or dispensation and receive have and keep two Benefices with cure of Souls but they of this Order which I now treat of are called Knights of the Spur or Knights Batchelors Between Doctors of the Civil Law and Knights hath ever been question for precedency since either of them hath been in credit in the Common-wealth as may appear both by the Comparison that Tully maketh between Lucius Murena a Knight of Rome and Publius Sulpitius a Lawyer either of them standing for Consulship in his Eloquent Oration made for Murena and many Disputes of Bardal and Bardus arguing the Case Pro and Con which though it be disputable in Foreign Parts yet here in England it is without Controversie and the precedency thereof is undoubtedly the Knights But if they be both of equal degree of Knighthood then
Scots have ever since bore in their Ensigns and Banners the Figure of the said Cross which is in fashion of a Saltier And from hence 't is believed that this Order took its rise which was about the year of our Lord 810. For King Hungus and Achains Confederates against Athalstan went bare-footed in a devote way to the Kirk of St. Andrew to return thanks to God and his Apostles for their Victory vowing for themselves and their posterity ever to use the said Cross in their Ensigns in any warlike Expedition The principal Ensign of this Order is a golden Collar composed of Thistles intermixed with Annulets of Gold to which hangs the figure of St. Andrew with his Cross and this Epigraph Nemo me impune lacessit But for their common Ensign they wore a green Ribon to which hung a golden Thistle crowned with an Imperial Crown within a Circle of Gold with the said Epigraph Their grand meeting was annually on St. Andrews day in the Church of the Town so called and during the Solemnity of the Feast these Knights which were in number Thirteen in allusion to our Saviour and the Twelve Apostles were richly apparelled and in their Parliament Robes having embroidered on their left Shoulders St. Andrews Cross within a blew Rundle and in the Center of the said Cross was a Crown composed of Golden Flower de lis Having thus treated of the several Degrees of Knighthood which are or have been used amongst us In the next place I shall give the Reader an account of divers Degrees of Knighthood in other Kingdoms although many of them are now Extinct ORDERS OF KNIGHTHOOD Which are or were Instituted in PALESTINE AND OTHER Parts of ASIA CHAP. XXIV Knights of the Holy Sepulchre in Ierusalem THIS Order of Knighthood is held to be the most ancient of all those Orders that took their beginning in the Holy Land and is said to be instituted about the time that the Temple of Ierusalem was regained from the Sarazens which was in Anno 1099. Some Authors say That Philip King of France was the first Instituter of this Order but Favin saith that it was Baldwin the first King of Ierusalem who made the Regular Canons which then resided in a Convent near adjoyning to the said Sepulchre Knights of the said Order whose chief Duty was to guard the Holy Sepulchre to relieve and protect Pilgrims to fight against the Sarazens and Infidels and to hear Mass every day The Armorial Ensign belonging unto them was two red Crosses united into one When the Christians were expelled the Holy Land these Knights settled themselves at Perugia in Italy But by the Bulls of Pope Innocent the Eighth Anno 1484. they and all their Goods were annexed and joyned to the Knights Hospitallers then residing at Rhodes Knights Hospitallers of St. John Baptist in Jerusalem called Knights of the Rhodes now of Malta SOmewhat before the Christians took the City of Ierusalem from the Sarazens certain Christian Merchants of Naples who traded to these parts obtained leave from the Caliph of Egypt who had then the Government thereof to dwell near the Sepulchre of Christ and to erect a small House for the entertainment of themselves and Pilgrims and called it The Hospital of Christians together with a small Oratory dedicated to the blessed Virgin Mary After that the number of Christians increasing they built another House for Women and dedicated it to St. Mary Magdalen and at length they built a more large House which they dedicated to St. Iohn Baptist the others being too small for the entertainment of Strangers that thither came for Devotion and here they entertained and cured the diseased amongst them And for their Religion Charity and Hospitality they began to become eminent and having took St. Iohn Baptist for their Patron they obtained the title or name of Brethren Hospitallers of St. John Baptist of Jerusalem Then received they the regular Habit of black with a white Cross on the Garment near their left Shoulder and vowed Obedience Poverty and Chastity This Order is said to be first instituted in Anno 1099. by one Gerard of the Province of Tholouse a man of a holy life and had large priviledges conferred upon them by King Baldwin the first who created them Knights and permitted them to use Arms and to fight against the Sarazens and Infidels for the Defence of the Christian Faith and to be Guardians of the Holy Sepulchre At this time they acknowledged their Obedience to the Patriarch of Ierusalem but growing in wealth they obtained the favour of the Pope to be absolved from their Obedience and was by Pope Adrian the fourth received under the protection of the Papal See Gerard being dead they elected one Raimond for their Rector or great Master to whom authority was given that he should govern and command all Knights of this Order wheresoever dispersed This Gerard after he had digested and enlarged their Laws and Institutions divided that whole Body into three Classes to wit Knights Ecclesiasticks and Servants And since which time the succeeding Great Masters have much added to their Priviledges and Dignities and his Title is now The Illustrious Prince of Malta and Goza Saladine having made himself Master of Ierusalem these Knights retired to the City of Acres which being also taken they seized upon the Isle of Rhodes where they continued as Masters until forced thence by Solyman the Great in Anno 1522. After which they betook themselves to the Isle of Malta which with Tripoli and Goza were granted to them by the Emperour Charles the â—ifth Anno 1530. and the same year was confirmed to them by Pope Clement the Seventh and in this Isle they yet continue and are as a Bulwark to that part of Christendom Knights Templars ABout the year 1118. Hugo de Paganes Godfrey de St. Omer with seven other Gentlemen out of Devotion went into the Holy Land where they determined to erect and enter into a Brotherhood and being come to Ierusalem they consulted what they should do though to the hazard of their Lives that should be a service acceptable to God and praiseworthy of men And being informed that in the Town of Zaffo there resided many Thieves that used to rob the Pilgrims that resorted to the Holy Sepulchre they resolved to make the passage more free by destroying or dispersing these Robbers And for the encouragement of these Gentlemen in so good an undertaking the King assigned them lodgings in his Palace adjoyning to Solomon's Temple from which place they were called Knights Templars And the King and Patriarch finding their Actions very successful furnished them with many necessary Provisions And although their charitable Service made them acceptable unto all yet for the first Nine years they were in so great a strait that they were forced to take the Charity of well disposed people however there resorted unto them many Christians so that their number was much encreased And there being all this while no
Palace a Prison Mint Armory Wardrobe and Artillery its Guild-hall where the Lord Mayor and Court of Aldermen meet about the concerns of the City and where their Courts of Judicature are kept its Halls for the several Companies its Colledges and Free-Schools its Hospitals and Alms-houses its Theatres Tennis-Courts and places of Recreation and its great plenty of all sorts of Provision which its Shambles and Markets are stored with it may be deservedly styled the Mistress of the World It s Government This famous City when under the Government of the Britains Romans and Saxons was destroyed by the Danes but AElfred King of the West-Saxons having reduced the whole Land to one Monarchy repaired and re-peopled it and committed the custody thereof to his Son in Law Alhered Earl of Mercia after whose decease it returned to King Edward sirnamed the Elder who had it governed under him by Port-Graves or Port-Reves which in divers Records are styled Vicecomites Viscounties or Sheriffs In the first of King Richard the first the Citizens obtained to be governed by two Bailiffs or Sheriffs and afterwards obtained to have a Mayor for their principal Magistrate the first of which was Henry Fitz-Alwyn a Draper who was constituted and so continued four and twenty years The City within the Walls and Freedom thereof is divided into six and twenty Wards and the government thereof committed to the care of as many grave Citizens of good repute and quality which are Aldermen each of which having the overseeing of his respective Ward And besides these Aldermen there are two Sheriffs which are annually chosen as also a Lord Mayor who according to his degree and seigniority of being Alderman after Sheriff is by the consent of the Citizens that is the Livery-men of each Company yearly elected and these are clothed in Scarlet Gowns and wear Gold Chains and as Coadjutors every Alderman hath his Deputy of the Ward as also Common-Councel-men This City by their Charter hath ample and large Priviledges and Immunities granted unto it which hath been confirmed and enlarged by most of our Kings and Queens as the making of Acts and Ordinances for the regulation and better government of the several Incorporated Companies and the Members thereof so as they are not repugnant to the Law of the Nation and detriment of the King they have also the power of keeping of Courts holding Pleas Assizes and Goal Delivery with the punishment of Offenders by Fine Imprisonment or Death as occasion requireth The Citizens are not constrained to go out of the said City to warr without an emergent occasion to suppress a Foreign Invasion they may pass Toll-free throughout all England they have a Common Seal and Armorial Ensigns of Honour and for Recreation have Free-warren or Liberty to hunt about the said City with many other Immunities too tedious to set down Courts appropriate to the City The Hustings is a Court of great Antiquity and Concern being to preserve the Rights Laws Franchises Customs and Dignities of the said City and is kept by the Lord Mayor and Aldermen every Tuesday The Court of Requests or Conscience the Judges whereof are some of the Common-Councel-men who are monthly chosen by the Lord Mayor and Aldermen and sit twice every week to hear and determine all matters brought before them betwixt Freemen where the just Debt or Dammage doth not exceed forty shillings for the proof of which the Plaintiffs Oath is sufficient for them to award the Defendant to pay the same either by present or weekly payment as the said Judges shall think fit which sentence cannot be avoided for it is to be presum'd that no man especially of some repute which is to be considered of will forswear himself for so small a sum of money The Lord Mayor's Court being an ancient Court of Record held every Tuesday and Thursday by the Mayor and Aldermen and is to redress and correct the errors and defaults which happen in the Government of the City and indeed taketh cognizance of all matters wich concern the City for Receipts and Payments of money the granting Leases purchasing of Lands building and repairing of Houses and the like and appointing their several Officers to look after the same The two Sheriffs Courts â— one for each Compter is on Wednesdays and Fridays for Trials for Woodstreet Compter and on Thursdays and Saturdays for the Poultrey Compter and each Court hath its Judge which is a Lawyer of good repute for the hearing and trial of all Actions brought before them but if the Action brought be above 5 l. it may be by the Defendant removed to a higher Court. And to these Courts belong four Counsellors eight Attorneys besides Secondaries Clerks Keepers of the Compters sixteen Sergeants and their Yeomen with other Sub-Officers The Court of Orphans which medleth with the Estates of deceased Citizens to provide for the Orphans until they come to Age and to see that an equal division of the Estate be made the City being their Guardians The Court of Common-Councel much resembling the High Court of Parliament consisting of the Lord Mayor and Court of Aldermen which may be termed the Higher House and the Common-Councel the Lower House and these make and constitute Laws and Acts as aforesaid which are binding to the Inhabitants The Court of the Chamberlain for the binding and making free Apprentices and for the reforming grievances betwixt the Master and the Apprentice and this is an Office of great Trust and of such Power that no Apprentice if not sworn by him can set up and open Shop and those that disobey his Summons he hath power to Imprison or Fine This Office is at present committed to the care of Sir Thomas Player Kt. a Person every way fit for so great a Trust. The Courts of the Coroner and Escheater which doth belong to the Lord Mayor The Court of Policies and Assurances for Merchants The Court of Halmote which is kept by the Master Wardens and Court of Assistance of every Company generally every month The Court of Wardmote or Wardmote Inquest for the whole City being divided into six and twenty Wards every Ward having such an Inquest consisting of about twelve or sixteen of the Inhabitants thereof who meet at every Christmass time and enquire after the Disorders and Abuses of Tradesmen in their Weights Measures and the like and according to their Misdemeanours they make their Presentments The Sessions of Oyer and Terminer and Goal Delivery of Newgate for the City of London and County of Middlesex holden every month at Iustice-hall in the Old Baily for the trial of Felons the Lord Mayor being cheif Judge and hath power of Reprieving The Court for the conservation of the Water and Rivers of Thames and Medway The Court of the Tower held within the Verge of the City before the Steward by Prescription of Debt Trespass and other Actions There is no Magistrate in Europe that liveth in greater state and hath more power than the
Brakent waite in the Parish of Kirkbyâ— overblow in the iâ—est rideing of Yorkshire Esq lineally descended from the Warners of Warner hall in the County of Essex Humphrey Borlase of Treluddro in the County of Cornwall Esqr. Anthony Keck of The Inner Temple London Esqr. Iacob Lucie of the Citty of London Esqr. now maried to Mary daughter of Iohn Sr. Iohn of Coldoverton in the County of Leicester Esqr. Richard Peirce of the Citty of London Esqr. Roger Iames of Riegate in Surrey Esqr. of yâ— antient family of Haestract in Holland from whom are Descended the severall familys of the Iames of Surreyâ— Kent Middlesex Essex wk. Sd. Roger is nâ—w maried to Elizabeth Daughter of Sr. Anthony Ancher of Bishops boâ—â—â—h in Kent Kt. deceased Charles Beauvoir of the Citty of London Esqr. Desâ—â—nded from the Family of the Beauvoir of the Island of Garnsey Iohn Evance of the Citty 〈◊〉 of 〈◊〉 London Esqr. Valentine Crome of Maydenâ— Early in Berkâ—shire Esqr. descended from the antient family of Lewis in Yorkshire Thomas Windham of Tale in Devonshire Esq one of the Grooms of his matysâ— Bedchamber third son of Sr. Edmond Windham of Cathanger in Somerset shireâ— Kt Marshall of his matysâ— most honble household and lineally descended of the antient family of the Windhams of Crown-Thorp in the County of Norfolk Thomas Stringer of Bexwells in the County of Essex Esqâ— Daniel Collingwood of Branton in Northumberland Es r Major to the Queens Troop of his Matis Guard Governor of his Matisâ— Castle in Holy Island and Deputy Leivtenant of the sâ—id County of Northumberland Iohn Iollife of the Citty of London Esq r descened from the family of Iollifs of Botham in Staffordshire Iohn Strachey of Sutton Court in the County of Somerset Esqr. Nicholas Martyn of Lincolns Inn in Middlesex Esq. son and heyre of Nicholas Martyn of Lincolns â—n aforesaid Esr. deceased who was descended from the family of ye. Martins of Admiston alias Athelhaâ—â—ston in Dorsetsh now maried to Dorcas daughter oâ— Richard Graves Esqr. deceased late Reader of Lincolns Innâ— William Palmer of Winthorp in Lincolnsh Esq â— Captaine of a Troop in the Regiment of Horse of his Grace the Duke of â—onmouth Captaine Generall of all his â—atys land forces Edward Clarke of the Inner Temple London Esqr. son and heyre of Edward Clarke of Chipley in the County of Somerset Esqr. Maried Mary sole daughter heyreâ— of Samuel Ieppe of Suttons courtâ— in the sd. county Esq. Anthony Rowe of St. Martins in the Fields in the County of Middâ— Esq â— third son of Sr. Thomas Rowe of Muswell hill in the said County K â— Henry Marwood of 〈◊〉 Busâ—y in Yorkshire Esqr. Son and heyre of Sr. George Hâ—rwood Bart. First maried to Margaret fourth daughter of thâ— R â— honourable Conâ—ers Ld. Darcâ—â—to his second Dorothy second daughter of Allen Bellingham of Lâ—vâ—ns in Westmâ—rland Esq r and to his present wife 〈◊〉 second Daughter of Sr. Thoâ— Wâ—â—â—worth of Emprall in Yorkshire K â— Edward Brabaâ—on of Bally arthur in the County of Wicâ—loe in Ireland Esqr. second son to the Right Honourable Edward Earle of â—eath deceased William Lâ—ggan of Butlers marston in Warwickshire Esqrâ— now maried to 〈◊〉 daughter to 〈◊〉 Newsham of Chadhurst in the s d County Esq r Henry Brouncker of Roumbold-week in sussex and of Brokedish in Norfolk Esqr. Iames Vernon of St. Martins in the Fields Esq r Secretary to the R t Noble Iames Duke of Monmouth Descended from the antient Family of the Vernons of Cheshire who were Barons of Shipbrooke Thomas Cudmore of Keâ—edon in Essex Esqr. son heire of Thomas Cudmore Esqr. deceasedâ— by Dorothy eldest daughter and Coheire of Sr. Thomas Cecill Kt. son of Tho Earle of Exeterâ— by Dorothy daughter Coheire of Iohn Nevill Ld. Latimer son and heyre of Io Ld. Latimer by Dorothy daughter and Coheyre of Sr. George Vere Kt. wch sd. Sr. Tho dyed Anno 1002. and â—â—eth buried in Stamford Baron in Northaâ—tonsâ—â—mong his Ancestors Samuel Collins Dr. in Physick late fellow of Trinity Colledge in Cambridge onely sonof Iohn Collins late Parson of Rotherfield in Sussâ—x decended from the antient Family of the Collins of the Countys of Somersetâ— and Devonshire he waâ—â— First maried to Ann eldest daughter of Iohn Bodenham Esqr. descended from the family of the Bodenhams of Wiltshiâ— and Herefordshire And now to Dame Katherine Countessâ— Dowâ—gâ—â— of Carnwath in scotland daughter of Io Abington of Dowdes well in Glocestershire Esqr. descended from the antient Family of the Abingtons OF ESQUIRES CHAP. XXV ALTHOUGH by the Civil Law there be no Gentlemen of Title under Knights but all the rest went under the name of People yet with us there are in this rank which have names of Preheminence whereby they are in Degree above the rest as Esquires and Gentlemen all which give Ensigns of Coats of Arms and thereby are distinguished from the meaner People in which respect Bartoll's Tract de Ensignes calleth them Noble but yet of weak Nobility for it hath no further Prerogative in it than it makes them differ from the baser sort of People Of these two sorts of Gentlemen with us the Esquire hath the Priority But it seemeth if an Esquire be named Gentleman or a Gentleman called an Esquire it is no Offence or Fault in Legal Proceedings Esquire seemeth by the common Name we give him in Latin to have his Original either for that he carried the Armour of the King Duke or other great Personage as we read not only in Scripture as Saul and Ionathan had their Armour-bearers but in Poets and other profane Stories we find that Troclus was Achilles's Armour-bearer and Clytus Alexander's the Great whereupon some write that he whom we call Armiger in Latin is a Footman that with a Spear Shield or Head-piece followeth an armed Knight in Battel or rather as some other suppose it is the Footman armed in the Field But howsoever the words be taken this is sure That those men were of good accompt in the old time as those that won themselves Credit out of War and so their Estimation remaineth in their Posterity And as those were in times before so are these which are in our days as descending for the most part from their worthy Ancestors And our Books of Common Law doth distinguish them thus viz. Knighthood is a Dignity but Esquires and Gentlemen are but Names of Worship And Brooks in the Abridgment of that Case Title Nosman de Dignitie 33. saith To be a Knight est gradus but to be an Esquire or Gentleman est status for Gradus continet status in se non è contrario Concerning the word Worshipful read in the printed Book of Titles of Honour the first Part fol. 124. sequentia In times past every Knight had two of these waiting upon him who carried his Murrion and Shield and as inseparable Companions they stuck close to him because of the said Knight their Lord they held
certain Lands in Escuage like as the Knight himself did of the King by Knights Service The beginning of giving Arms in Europe amongst Christians is supposed from the Holy Wars for the Turks paint them not And so with us about Henry the Third's time they became here more firmly established And when the Prince enobled any he usually gave them the particular of his bearing in Blazon Iohn Selden in his Preface fol. 5. where you may also see an Example in King Richard the Second But now there are five distinct sorts of Esquires observed and those that have been already spoken of are now in no request Of these sorts the principal at this day are the eldest Sons of Viscounts and Lord next are all Noblemens younger Sons then are accounted those that are select Esquires for the King's Body the next are Knights eldest Sons successively in a fourth rank are reckoned those unto whom the King himself together with the Title giveth Arms or createth Esquires by putting about their Necks a Silver Collar of SS and in former times upon their Heels a pair of white silvered Spurs whereupon at this day in the Western part of the Kingdom they be called White-spurs for distinction from Knights who were wont to wear gilt Spurs and to the first begotten Sons only of these doth this Title belong In the fifth and last place be those that have any superiour publick Office in the Kingdom as high Sheriffs Justices of the Peace c. or serve the King in any worshipful Calling At the Coronation of Kings and Queens Knights of the Bath are made men of worth and honourable blood to the end that their Majesties may be accompanied in their own Honours every of which Knights having two Gentlemen to attend them in that Ceremony who are ever after by that Service enabled to be Esquires during their lives But the name of Esquire in ancient time was a name of Charge and Office and first crept in amongst other Titles of Dignity and Worship so far as ever I could observe in the Reign of King Richard the Second vide Sir Thomas Smith de Republica Anglorum fol. 26. where he saith That the Esquire is no distinct Order of the Commonwealth A Serjeant of the King's Kitchin may bear the Name and Addition of Cook or Esquire according to the Opinion of Newton But Ienne saith Such Officers of his Majestie 's Houshold would be much grieved if they should be named by their Trade or Office Peradventure in that case the Writ may be good because of the Statute viz. 1 Hen. 5. ch 5. For the Statute is That he should be named of the Town Degree State Condition or Mystery and when he was named Cook he observed the Statute for he hath named him by his own name of Mystery and yet he may be in that case an Esquire and a Cook If a man be an Esquire or Gentleman only by Office and loseth the same he loseth also that title of Gentility Note That an Esquire or Gentleman is but an Addition to satisfie the said Statute but names of Dignity are parcel of the name And thereupon if a Praecipe quod reddat be against Iohn a Stiles Yeoman and recovery is had whereas the Tenant was a Gentleman yet the Recovery is good The same Law where a Release is made to Iohn a Stiles Yeoman who is a Gentleman and where addition is given by the party where it needeth not by the Law being no Dignity it is void So if a deed be made to a Gentleman by the name of a Yeoman for there is a great difference between Deeds and Writs If an Esquire be to be Arraigned of High Treason he may and ought to be tried per probos Legales homines that may expend Forty shillings of Freehold or be worth One hundred pounds in the value of Goods And so the Statute that doth speak of men of his condition hath always been put in ure Dyer 99. b. Note a Knight hath no other priviledge by Statute or Common Law The King may make an Esquire by Patent viz. Creamus te Armigerum c. Note the Preface to the printed Book of Titles of Honour 5. b. 318. By the statute 21. Hen. 8. chap. 13. amongst other things it is enacted that the Brethren and Sons born in Wedlock of every Knight being Spiritual men may every of them purchase License or Dispensation and receive take and keep two Parsonages or Benefices with cure of souls The Son or Sons of any Knight and heir apparent of an Esquire is priviledge to keep Greyhounds setting Doggs or Nets to take Pheasants or Partridges though he cannot dispend ten pounds in his own right or in his Wives right of Estate of Inheritance or of the value of thirty pounds of Estate for life By the precedent discourse of Knights Batchelors we understand that all persons by the common Law are compellable to take the degree of Knighthood or to fine if they are possest of such an Estate as the King and his Council shall judge fit to maintain that Port in their Country And his annual Revenue deemed fit for that Dignity and the fines imposed upon such as refused we find in our Histories and Statutes to vary with the times and certainly the best Esquires or at least none under the Reputation of Gentlemen were compelled although 't was at the King's pleasure And therefore 1 Edw. 2. Stat. de Militibus the Parliament saith Sanderson more for ease of the Subject than profit of the King limited it to such as had Twenty pounds per Annum and better and afterwards 't was raised to Thirty pounds and a plentiful Revenue in those times when a Dowry of Three thousand pounds per Annum to a Queen was deemed a great impoverishment to the Crown and Kingdom but the East and Western part of the World being laid open to the Merchants money began to be more common and by consequence Land to its value so that in the reign of King Charles the First Forty pounds per Annum being the rate set for such as ought to be made Knights or to fine many Farmers Leaseholders Merchants Inholders and others were called in whereby above 100 thousand pounds was brought into the Exchequer Notwithstanding which divers persons made Friends and took the Degree of Knighthood which occasioned the extinguishment of the ancient Tax For many Esquires by birth wealth and education who bore the chiefest Offices of Honour and Trust in the Commonwealth disdained to stoop or give place to those new dubbed Knights countenanced the Complaints of the common people against the Law it self as a grievance and prevailed so far in the following Parliament to get it repeal'd as you may see 17 Car. chap. 20. Since which time the difference between the Degree of Knighthood and Dignity of an Esquire consists only in Title a double rate in the Pole Tax and priority of place which as I before noted is often