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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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Chamberlayn she writes her self Susanna Clifford Chamberlayn Notwithstanding all which their condition de facto is the best in the World for such is the good nature of Englishmen towards their Wives such is their tenderness and respect giving them the uppermost place at Table and elsewhere the right hand every where and putting them upon no drudgery and hardship that if there were a Bridge over into England as aforesaid it is thought all the Women in Europe would run thither Besides in some things the Laws of England are above other Nations so favourable to that Sex as if the Women had voted at the making of them If a Wife bring forth a Child during her Husbands absence though it be for some years within England and not beyond the Seas that Husband must father that Child If a Wife bring forth a Child begotten by any other before Marriage yet the present Husband must own the Child and that Child shall be his Heir at Law The Wife after her Husbands death may challenge the third part of his yearly Rents of Lands during her life and within the City of London a third part of all her Husbands moveables for ever As the Wife doth participate of her Husband Name so likewise of his Condition If he be a Duke she is a Dutchess if he be a night she is a Lady if he be an Alien made a Denison she is ipso facto so too If a Freeman marry a Bondwoman she is also free during the Coverture wherefore it is said as before Uocor fulget radiis Mariti All Women in England are comprised under Noble or Ignoble Noble Women are so three manner of wayes viz. by Creation by Descent and by Marriage The King the Fountain of Honour may and oft hath created Women to be Baronesses Countesses Dutchesses c. By Descent such Women are Noble to whom Lands holden by such Dignity do descend a● Heir for Dignities and Titles of Honour for want of Males descend to Females but to one of them onely because they are things in their own nature entire and not to be divided amongst many as the Lands and Tenements are which descend to all the Daughters equally besides by dividing Dignities the Reputation of Honour would be lost and the Strength of the Realm impaired for the Honour and Chevalry of the Realm doth chiefly consist in the Nobility thereof By Marriage all Women are Noble who take to their Husbands any Baron or Peer of the Realm but if afterwards they 〈◊〉 to Men not Noble they 〈◊〉 their former Dignity and follow the condition of their la●● Husband for eodem modo distolvitur earum Nobilitas quo constituitur But Women Noble by Creation or Descent or Birthright remain Noble though they marry Husbands under their Degree for such Nobility is accounted Character indelebilis Here note that by the Courtesie of England a Woman Noble only by Marriage alwayes retaineth her Nobility but if the Kings Daughter marry a Duke or an Earl illa semper dicitur Regalis as well by Law as Courtesie Noble women in the Eye of the Law are as Peers of the Realm and are to be tried by their Peers and to enjoy most other Priviledges Honour and Respect as their Husbands Only they cannot by the opinion of some great Lawyers maintain an Action upon the Statute De Scandalo Magnatum the Makers of that Statute meaning only to provide in that Case for the Great Men and not for the Women as the words of that Statute seem to import Likewise if any of the Kings Servants within his Check Roll should conspice the death of any Noblewoman this were not Felony as it is if like Conspiracy be against a Nobleman None of the Wives Dignities can come by Marriage to their Husbands although all their Goods and Chattels do onely the Wives Lands are to descend to her next Heir yet is the Courtesie of England such that as the Wife for her Dower hath the third part of her Husbands Lands during her life so the Husband for the Dignity of his Sex and for playing the Man in begetting his Wife with Child which must appear by being born alive shall have all his Wives Lands for his Dower if it may be so called during his life By the Constitutions of England married persons are so fast joyned that they may not be wholly separated by any agreement between themselves but only by Sentence of the Judge and such separation is either a Vinculo Matrimonii and that is ob praecontractum vel ob contractum per metum effectum vel ob frigiditatem vel ob affinitatem sive Censanguinitatem vel ob Saevitiam or else such separation is a Mensa Thoro and that is ob Adulterium The Wife in England is accounted so much one with her Husband that she caunot be produced as a witness for or against her Husband Concerning Children in England The Condition of Children in England is different from those in our Neighbour Countries As Husbands have a more absolute Authority over their Wives and their Estates so Fathers have a more absolute Authority over their Children Fathers may give all their Estates from their own Children and all to any one Child and none to the rest the consideration whereof keeps the Children in great awe Children by the Common Law of England are at certain ages enabled to perform certain Acts. A Son at the age of 14 may choose his Guardian may claim his Lands holden in Socage may consent to Marriage may by Will dispose of Goods and Chattels At the age of 15 he ought to be sworn to his Allegeance to the King At 21 he is said to be of full age may then make any Contracts may pass not only Goods but Lands by Will which in other Countries may not be done till the Annus consistentiae the age of 25 when the heat of youth is somewhat abated and they begin to be staied in mind as well as in growth A Daughter at 7 years is to have aid of her Fathers Tenants to marry her for at those years she may consent to Marriage though she may afterwards dissent At 9 she is dowable as if then or soon after she could virum sustinere and thereby Dotem promereri At 12 she is enabled to ratifie and confirm her former consent given to Matrimony and if at that age she dissent not she is bound for ever she may then make a Will of Goods and Chattels At 14 she may receive her Lands into her own hands and is then out of Wardship if she be 14 at the death of her Ancestor At 16 though at the death of her Ancestor she was under 14 she shall be out of Wardship because then she may take a Husband who may be able to perform Knights-service as well as hers At 21 she is enabled to contract or alienate her Lands by Will or otherwise The Eldest Son inherits all Lands and to the younger Children are disposed Goods and Chattels and commonly the Eldest Sons Wives Portion and besides they are carefully educated in some Profession or Trade If there be no Son the Lands as well as Goods are equally divided amongst the Daughters Concerning Servants in England The Condition of Servants in England is much more favourable than it was in our Ancestors dayes when it was so bad that England was called the Purgatory of Servants as it was and is still the Paradise of Wives and the Hell for Horses Ordinary Servants are hired commonly for one year at the end whereof they may be free giving warning 3 Moneths before and may place themselves with other Masters only it is accounted discourteous and unfriendly to take another Mans Servant before leave given by his former Master and indiscreet to take a Servant without a Certificate of his diligence and of his faithfulness in his Service to his former Master All Servants are subject to be corrected by their Masters and Mistresses and resistance in a Servant is punisht with severe penalty but for a Servant to take away the life of his or her Master or Mistris is accounted a Crime next to High Treason and called Petty Treason and hath a peculiar Punishment Capital Slaves in England are none since Christianity prevailed A Slave brought into England is upon landing ipso facto free from Slavery but not from ordinary service Some Lands in England are holden in Villanage to do some particular Services to the Lord of the Mannor and such Tenants may be called the Lords Servants There is a Twofold Tenure called Villanage one where the Tenure only is servile as to plow the Lords ground sow reap and bring home his Corn dung his Land c. the other whereby both Person and Tenure is servile and bound in all respects at the disposition of the Lord such persons are called in Law pure Villans and are to do all Villanous Services to improve the Land he holds to the Lords use themselves to be wholly at the Lords Service and whatever they get is for their Lord of such there are now but few left in England The nearest to this condition are Apprentices that signifies Learuers a sort of Servants that carry the Marks of pure Villans or Bond-slaves as before in the Chapter of Gentry is intimated differing however in this that Apprentices are Slaves only for a time and by Covenant the other are so at the Will of their Masters FINIS Name Climat Dimensions Aire Soyle Com●odities Inhabitants Their Language Stature Dyet Attire Buildings Number of Inhabitants Dispositions and humours of the Inhabitants Recreations Weights and Measures Measures Moneys English Co●●●tation English Numbring English Names Surnames● Name Title Arms. Patrimony Dominions Person Office Power and Prerogative Supremacy and Soveraignty Divinity Respect Minor ●capa●ty Absence ●●me ●eroga●es Dignity Eldest Son Title Arms. Dignity Priviledges Revenues Cadets Name Surname Genealogy Birth Baptisme Court Education Marriage Arms. Lord Chancellour Dignity Office Oath Salary Lord Treasurer Oath Office Lord Privy Seal Dignity Admiral Office Chamberlain Constable Earl Marshal High Steward Clergy their Dignity Name Degrees Bishop Archbishop Suffragan Bishop Dean Archdeacon Priviledges of the Clergy Archbishop Canterbury York don Revenues of the Clergy Name Use Degrees Duke Marquis● Earl Vicount Baron Priviledges Precedence State Marquiss Earl Vicount Baron Number Revenue Baronets Knights Knights of the Garter Knights Bannerets Knights of the Bath Knights Bachelors Gentleman
Cure of Souls To abolish irregularity gotten without a mans own default as by defect of body or birth or by accidental killing of a man c. To abolish the guilt of Simony To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time To allow a Lay-man to hold a Prebend c. whilst by study he is preparing himself for the Service of the Church To grant Dispensations to sick to Old People to Women with Child to eat flesh on dayes whereon it was forbidden To constitute Publick Notaries whose single Testimony is as good as the Testimonies of any two other Persons He hath the Power to grant Literns Tuitorias whereby any one that brings his Appeal may prosecute the same without any molestation To bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation there of a new Bishop who is also to provide a sufficient Benefice for one of the Chaplains of the Archbishop or to maintain him till it be effected By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory for edifying the Church and due reverence of the Sacraments He hath the Prerogative to Consecrate a Bishop though it must be done in the presence and with the assistance of two other Bishops as every Bishop gives Ordination but with the assistance of Presbyters to assign Co-adjutors to infirm Bishops to confirm the Elections of Bishops within his Province to call Provincial Synods according to the Kings Writ alwayes directed to him to be Moderator in the Synods or Convocations to give his Suffrage there last of all to visit the whole Province to appoint a Guardian of the Spiritualties during the Vacancy of any Bishoprick within his Province whereby all the Episcopal Rights of that Diocess belong to him all Ecclesiastical Jurisdiction as Visitation Institutions c. The Archbishop may retain and qualifie 8 Chaplains which is 2 more than any Duke by Statute is allowed to do The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature for deciding of Differences in Ecclesiastical Affairs as his Court of Arches his Court of Audience his Prerogative Court and his Court of Peculiars of all which shall be handled particularly and apart in the Second Part of the Present State of England These and other Prerogatives and Priviledges the Wisdom of our first Reformers thought fit to be retained and added to the Chief Person under the King of the Church of England The next Person in the Church of England is the Archbishop of York who was antiently also of very high repute in this Nation and had under his Province not only divers Bishopricks in the North of England but all the Bishopricks of Scotland for a long time until the year 1470 when Pope Sixtus the 4th created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick He hath still the place and precedence of all Dukes not of the Royal Blood and of all Great Officers of State except only the Lord Chancellour hath the Title of Grace and Most Reverend Father hath the Honour to Crown the Queen and to be her perpetual Chaplain He is stiled Metropolitan of England and hath under his Province the Bishopricks of York Durham Carlile Chester and that of the Isle of Man Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine May qualifie also 8 Chaplains and hath within his Province divers other Prerogatives and Priviledges which the Archbishop of Canterbury hath within his own Province The next in place amongst the Clergy of England are the Bishops so called from the Saxon word Biscop and that from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Speculator Explorator vel Superintendens an Officer amongst the Heathen so called quia praeerat pani victui quotidiano Episcopus enim apud Christionos praeest pani victui spirituali All the Bishops of England are Barons and Peers of the Realm They are Barons by a threefold manner which cannot be said of the Lay Lords they are Feodal in regard of their Lands and Baronies annext to their Bishopricks They are Barons by Writ being summoned by the Kings Writ to Parliament and they are created Barons by Patent which at their Consecration is alwayes exhibited to the Archbishop They have the Precedence of all Temporal Barons under Vicounts In the Parliament have place in the Upper House in a double capacity not only as Barons but as Bishops for before they were Barons they had in all times place in the Great Council of the Kingdome and there ever placed on the Kings right hand not only to give their Advice as the Judges do but ad tractandum ordinandum statuendum definiendum c. They have the Title of Lords and Right Reverend Fathers All Bishops in England have one or two transcendent Priviledges which seem almost Regal as In their own Courts to judge and pass Sentence alone by themselves without any Collegue or Assessor which is not done in other of the Kings Courts for the Bishops Courts though held by the Kings Authority Virtute Magistratus sui are not accounted to be properly the Kings Courts and therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the Kings Name as all the Kings Courts properly so called do Moreover Bishops have this other transcendent Priviledge To depute their Authority to another as the King doth either to their Bishops Suffragans to their Chancellours to their Commissaries or other Officers which none of the Kings Judges may do All Bishops have one Priviledge above and beyond all Lay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may quatenus Bishops confer Orders c. whereas no Lay Baron Vicount Marquiss nor Duke is in Law acknowledgeed such out of the Dominions of the Prince who conferred those Honours The Laws and Customs of England are so tender of the Honour Credit Reputation and Person of Bishops our Spiritual Fathers that none might without special Licence from the King first obtained be endited of any Crime before any Temporal Judge Upon severe Penalty by our Laws no man may raise reports whereby Scandal may arise to the Person of any Bishop or Debate and Discord between them and the Commons of England In Civil Trials where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay Lord challenge the Array 〈◊〉 one Knight at least be not ●eturned of the Jury and it ●hall be allowed unto him as 〈◊〉 Priviledge due to his Peerage In Criminal Trials for life all ●ishops by Magna Charta and ●tat 25 Edw. 3.
Glemham consecrated Bishop of St. Asaph 1667. Dr. Price consecrated Bishop of Bangor 1667. Dr. Sparrow consecrated Bishop of Exeter 1667. Dr. Wilkins consecrated Bishop of Chester 1668. These are all Barons and Peers of the Realm these have place in the Upper House of Parliament and in the Upper House of Convocation and these are the Lords Spiritual next follow the Commons Spiritual consisting of Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars to whom also belong divers considerable Priviledges All Suffragan Bishops all Deans Archdeacons Prebendaries Rectors and Vicars have Priviledges some by themselves others by proxy or by representative to sit and vote in the Lower House of Convocation No Subsidies or other Taxe to the King may legally be laid upon them without their own consent first had in Convocation The Clergy as appears by the words of the Writ as also by Modus Tenendi Parliam and by 21 Rich. 2. cap. 12. hath per Procuratores Cleri Place and Suffrage in the Lower House of Parliament as was antiently practised in England and of later years in Ireland though now not used in either and as the Bishops still have and use in the Higher House of Parliament No Clergyman may be compelled to undergo any Personal Functions or Services of the Commonwealth or to serve in War If any man by reason of his Land be subject to be elected to any Temporal Office if he take Orders he is free and there is a Writ purposely to free him All Clergymen are free from the Kings Purveyors the Kings Carriages the Kings Posts c. for which they may demand a Protection from the King cum clausula nolumus If a Clergyman acknowledge a Statute his Body shall not be taken by vertue of any Process thereupon for the Writ runs Si Laicus sit c. Clergymen are not obliged to appear at Sherives Tourns or Views of Frank Pledge there to take their Oath of Allegeance the Antient Laws presuming that those whose principal care and Office should be to teach the People Loyalty and Allegeance to their King could not themselves want Loyalty By Magna Charta no Clergy-man is to be fined or amerced according to his spiritual means but according to his temporal estate and according to the Crime committed The Goods of Clergymen are discharged by the Common Law of England from Tolls and Customes si non exerceant Marchandizas de eisdem of Avirage Pontage Muriage Paviage for which they have the Kings Writ to discharge them The Glebe Lands and Spiritual Revenues of Clergymen being held in pura perpetua Eleemosyna i. e. in Frankalmoine are exempted from arraying and mustering of Men or Horses for the War as appears in a Statute still in force viz. 8 Hen. 4. Num. 12. in the unprinted Rolls of that Parliament The Clergy being by their Function prohibited to wear a Sword or any Armes their Coat alone being their defence cannot serve in Person in War They serve their Countrey otherwise and for that Service have alwayes been thought worthy of their Spiritual Profits and Revenues and of the Kings Protection The Clergy paying to the King the First years profits of all Spiritual Benefices called First Fruits and yearly the Tenth of all the said Benefices are with great reason thought fit to be exempted from all other Taxes though to give the Laity good example they often lay Subsidies or other Great Taxes upon themselves It was an Antient Maxime in England Nullus pro decimis debet onerari de aliqua reparatione Pontis seu aliquibus oneribus temporalibus These and other Immunities of the Clergy the Great Aquinas thought agreeable to Natural Equity or the Law of Nature thence it was that King Pharaoh 47 Gen. when all the Lands of his Subjects were mortgaged to him for Bread yet spared the Lands of the Priests So Ezra 7. 24. and so in our Antient Laws we find De Danigeldo libera quieta erat omnis Ecclesia in Anglia etiam omnis Terra quae in proprio Dominio Ecclesiae erat ubicunque jacebat nihil prorsus in tali redditione persolvens and the reason thereof is added Quia magis in Ecclesiae confidebant Orationibus quam in Armorum defensionibus Many more Priviledges Immunities Liberties and Franchises there are rightly belonging to the Clergy of England so many that to set down all saith Sir Edward Coke upon Magna Charta would take up a whole Book The Priviledges of the Clergy and Franchises of the Church were with the Lities of the People granted confirmed and sealed by the King in full Parliament Anno 1253. in such a solemn manner as no Story can parallel it The King stood up with his Hand upon his Breast all the Lords Spiritual and Temporal stood with burning Tapers in their hands the Archbishop pronounced as followeth By the Authority of God Omnipotent of the Son and of the Holy Ghost c. We excommunicate anathematize and sequester from Our Holy Mother the Church all those which henceforth knowingly and maliciously deprive and spoil Churches of their right and all those that shall by any art or wit rashly violate diminish or alter secretly or openly in Deed Word or Counsel those Ecclesiastical Liberties c. granted by Our Lord the King to the Archbishops Bishops Prelates c. For everlasting memory whereof We have hereunto put Our Seals After which all throwing down their Tapers extinguisht and smoaking they all said So let all that shall go against this Curse be extinct and stink in Hell Since which all Kings of England at their Coronations have by Solemn Oaths promised to preserve the same and they have been confiremed by above 30 Successive Parliaments commanded to be read once a year in Churches and if any Act should be made to the contrary it is to be held for null and void by the Statute of 42 Edw. 3. Antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure but of later times especially since our Reformation many men pretending to more Christianity and to more knowledge have made little conscience of infringing and violating any Rights Priviledges or Franchises of the Church or Churchmen whilst the Liberties of the People though very little violated have been exacted even to Sedition and Rebellion To the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe Profession of a Clergy-man and that the People ●hould the more willingly be ●uided and conducted by them Our most Christian Ancestors ●ccording to the Pattern of Gods antient People the Jews ●nd of all other Christian Commonwealths judged it expe●ient to allot large Revenues ●nd a most plentiful mainte●ance to the English Clergy ●aving observed with Solomon ●hat a Wiseman for his pover●y is too oft contemned and ●espised and that there is no●hing more contemptible and ●diculous than a poor Clergy-man The
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle ●n ●●arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbe●ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Ve●dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court