King who gives it him that is created Then he returning thanks for his great honor withdraws in the same manner he came in the Trumpers sounding and so he goes to dinner Where after the second service is gone up the Garter with the rest of the Heralds cometh neer the Table where first pronouncing Largesse with a loud voyce he declareth the King's style in Latin French and English and then standing somewhat further off pronounceth Largesse again with the style of him that is newly created In which form was William Cecill created Lord Burghley 15. of Febr. 13. Elizab. Of the Viscount THis word in Latin is Vice-comes which is interpreted from the office of the person who was one cui Dominus hoc est Comes committit vices suas sive gubernationem castri saith Sir John Ferne. The Title is derived from the same Order in France which there were only first substitutes to Earls till getting themselves first in power got also to have the title honorary and hereditary between the Earl and Baron it being the same word which signifieth our Sheriffe and began not with us till about the 18. year of Henry the sixth who then created John Lord Beaumont Viscount Beaumont by Letters patent Though Sir John Fern tells us of it in the time of Henry the first and King Stephen and though the Elder sons of Dukes are styled Earls during their fathers life time so the Eldest sons of Marquesses are styled by their Fathers Vicounties and Baronies and called Lords and the younger sons saluted with Lord yet it is by 〈◊〉 only To this degree is allowed a Surcoat Mantle Hood and a Circulet without either flowers or points as in the discourse of Armory shall be seen and is created with the same ceremony those above him are Of the Count or Earl THe next precedency is an Earl called in Latin Comes and thence is an English word Count which word Comes we have from the example of the Romans amongst whom they used it for the title of sundry offices Coke defines them thus Dicuntur Comites quia à Comitatu five à societate nomen sumpserunt qui etiam dici possunt Consules a Consulendo c. But John of Salisbury who writ in the time of Henry the second says thus Comites dici à 〈◊〉 participatione And the word Earl we had from the Saxons from whence till we borrowed the word Honor we used the word Earl for gentle or noble and Ethel which was sometimes abridged to el so that of Ear-ethel it was Ear-el and by abbreviation Earl which the Dutch called Eorle Amongst the Germans they have the word Grave for it as Palsgrave Landgrave Reingrave c. from the word Gerefa by abbreviation Gereve and Grave as also Reve from whence our Shierreve or Shirriffe as some do abbreviate it Which word in the Teutonick signifies a Disposer or Director Others have That the word with the Saxons was Erlig and Ethling and used for the same office of Ealderman was before and the word Ealderman which now is writ Alderman was transferred to a lower degree who used the word also Thegon or Thaine for Baron as I said before But the word Ealderman and Ethling it seems did only signifie them according to Civill power and the word Heretoga from whence Hertshog for their Military power the former word being no more then Senior or Senator This title of Ealdermen continued for Duces Principes Comites untill Canutus reign when the word Earl was brought in and the other lost as to that Honor. What the Jurisdiction of the Ealderman in those times was and how absolute or large is to me yet uncertain though large it was doubtlesse because of the severall Offices that were under them but as it hath remained since the Conquest we find more reasonable satisfaction Their possessions were sometimes the whole Territories they derived their Title from and sometimes not but some particular 〈◊〉 or place in it We find also that both it and Thane were honorary and feudall Titles Upon the coming in of the Normans this word was turned into Comes or Count since when it hath remained And this word in the Empire was given to Quotquot è Comitatu Principis erant to all that were admitted to society of the Prince So the 〈◊〉 styled them in Warre Commilitones in the Court Comites The dignity is of divers kinds for an Earl acknowledging no Superior is equall to a Prince This Title as it continues since the Conquest is either locall or personall Locall as from the denomination of some County or other Territory and Personall that hath its being in some great Office as Earl-Marshal and the like Those locall are also simplices and Palatine which last retain the same constitution the Saxons time allowed them which is Juraeregalia or merum mixtum Imperium and could make Barons under them as those of Chester Lancaster the Bishopricks of Durham and Ely Hugh Lupus had the County Palatine of Chester given him by the Conquerour Ita liberè ad Gladium 〈◊〉 ipse Rex tenebat Angliam ad Coronam Who governed the County forty years he created eight Barons and built the Abbey of Chester Lancaster was made a Palatinate by Edward the third as says Sir William Segar and had Barons Chancery and Seal and so had the Bishopricks of Durham and Ely The office of those Barons being to sit in Councell and Judgment with the Earl To the County Palatine of Chester 〈◊〉 been Chamberlains who supplied the place of Chancellor Justices before whom the causes that should else belong to the King's Bench and Common Pleas are triable a Baron of the Exchequer a Sheriffe and other offices proportionably to those of the Crown at Westminster which being since reserved in the Crown is given to the Prince of Wales when he is created This County had this honor I conceive out of regard to the great trust was reposed in the first Earl which was to subdue and keep in order the British or Welch after the Conquest Of those that are not Palatine we find their Creation also as ancient as the Conquest William theConqueror made Alan Fergent thenDuke of Brittaign Earl of Richmond by a Patent The Creation Robe of a Marquesse Of the Marquesse THis word Marquesse at the first was used to all Earls and Barons that were Lords Marchers or Lords of Frontires and came afterward into a Title of speciall dignity between that of Duke and Earl beginning in the time of Richard the second who created Robert de Vere Earl of Oxford Marquesse of Dublin Per gladii cincturam circuli aurei suo capiti positionem The form of the Patent was then and many ages since very various but it is now regulated to one method which is the same in a manner with that of Earl only the word Marchio is put in the
Honor rediviuus or An analysis of Hono and Armory by MATT CARTER Esq London printed for Henry Herringman 1660 And Are to be Sould by Henry Herringman at the Ancker on the lowest side of the New-Exchange ANDREW COLTEE DUCAREL L.L.D. Doctor 's Commons A POSSE AD ESSE TO THE RIGHT HONOURABLE WILLIAML d. Marquesse AND Earl of HERTFORD Baron SEYMOUR AND BEAUCHAMP MY LORD THat I have preferred so slender a Volume to Your Honorable Patronage is no more than the Subject of it which is Honor erects as Your Lordship is known of the first and greatest of those that challenge a concernment therein yet not more eminent by that of Your blood then of the inward Noblenesse of Your Vertues whereof the World hath received unmatchable testimonies These reasons as they oblige me to this presentment so I cannot but hope will also plead pardon for the trouble it brings a long with it and that once obtained I am assured of the preservation of this imperfect Essay under the powerfull Protection of your Lordships name Of the infinite Honorers whereof none is more ambitious to be known such than My LORD Your Honours most humbly devoted Matt. Carter TO THE READER READER THe unhappy Causes of the present neglect of this most noble knowledge are of so high nature as will not endure to be named the ill consequents in the imminent degenerateness of this Age so manifest that they need not In this declining condition of Honour nothing is more requisite then the means of its preservation amongst which this being one and that not inconsiderable gave me occasion of busying my self in this design Such bookes as have beene already publisht by persons eminent in this kinde are of large bulke and some of them too tedious to the most ingenious Student The more they comprehend the less apt for memory especially when enlarged with tedious impertinencies and doubtlesse more difficult for the apprehension of every Reader to which Method that is most discernable in brevity is the most excellent help That which I have herein followed is to treat first of the degrees of Honour and then of Armory and that although concisely yet I hope so clearly and fully that any person of ordinary capacity may hereby be able to blazon a Coat of the greatest difficulty the only care being in observing the termes given to things born and the manner of posture and position Some errors have escaped both the Press and theGraver which the Reader may at his leisure rectifie by the Errata at the end so let him peruse seriously and censure modestly and then I shal wish him Farewell Of HONOR in Generall and of its Particular Divisions THe Heraulds of former ages have many of them not onely divided the nobler sort of men into severall degrees but distinguished likewise the inferiour rank into four forms But as in some other things in that also I shall forbear to follow their method as not altogether so pertinent to the intentions of this compilement It is but an easie caution in me when I know not how few I shall 〈◊〉 by my best demerits not to stumble into the hazard of disgusting many by a rash enterprise in a weak endeavour considering especially the present temper of the world The great and wise Disposer of all Entities hath contriv'd every thing into such a Method as in every particle of the Creation is discover'd a most excellent harmony in which that of the degrees and honorary distinctions is as admirable as any and this is the intended scope of this 〈◊〉 Some he 〈◊〉 created to honor and some to dishonor 〈◊〉 a difference and variety in all things that by a rule of contraries they might the better display themselves Some men he hath richly adorn'd with Excellency and elevated them with the sublimary glories of Honor Nobility and Greatness and others again in the same light they shine hath he obscured with contraries of Meanness Ignobility and Indigency Of the latter I shall onely say that for them to Spurn at the more honorable because themselves are debased to an inferiority is to kick dirt in the face of that infinitely just and wise God of our Creation The first being the intended concernment I forbear any farther discourse of the latter Nobility saith Sir John Fern is thus defined Vir Nobilis idem est quod notus ac per omnium or a vulgatus A Gentleman or Nobleman is he which is known and through the Heroical vertues of his life talked of in every man's mouth In short amongst all men it is defined A certain eminence of some above the rest This is by the same Author distinguished into three Species Nobility supernaturall Nobility naturall and Nobility civill or politicall Supernaturall as in the heavenly Hierarchies or sacred Principalities And that there are orders and degrees amongst them we must believe or renounce our Christianity but I leave the further discovery thereof as too sublime to more mature and deliberate contemplations The second is Nobilitas physica or naturall Nobility consisting in the great variety of naturall creatures obvious to our human senses As for example Among the Planets the Sun is the most noble among the Elements Fire among the Plants the Cedar among Flowers the Rose of Metalls Gold of Jems the Diamond of Fish the Dolphin of Birds the Eagle of Beasts the Lion and amongst Men the King The last is Nobility civill or politicall which onely relates to Mankind and though some have distinguished the generality of a Common-wealth into two divisions onely the Noble and Ignoble the Gentry and Commonalty yet either part are again subdivided according to the policy of civill Government as well as the providence of divine Ordination When first this distinction came amongst us is by some thought uncertain but for my part not For doubtlesse it hath been continued from the first encrease of Mankind in the world for if there were Kings and Governors certainly other distinctions vertue being still admired and honored and some signall put upon it and Dignitas Nobilitas idem sunt dignity or preferment to power is that which makes a man noble And that there were Kings long before the Floud as Mr. Selden that excellent Master of Antiquity is of opinion is evident by those words he inserts which signifie that Adam after the propagation of Mankind was esteemed nor onely the Father but Governor in a kind of Royall or Monarchicall power during his life and Seth his son succeeded him in the like The Jews called such as were in the state of Nobiles among them Ben Ish or Filii viri or the sons of great men And the sons of men of common rank they tearmed Sons of men by filiihominis And the Scripture in many places distinguishes men thus as in that of the Psalm as well the sons of great men as of men of common rank both rich and poor together And this distinction of
Ensign of Regall Authority was the Scepter which is every where spoken of both in the Scriptures and profane Stories There is another Ensign of their Authority which is a Globe with a Cross in use amongst us ever since Edward the Confessor which is placed in the left hand as is seen in most of their Coyns the Cross denoting his Faith and the Globe his Empire both by Sea and Land as it is said of Justinian who was the first Emperor that ever had it At the Coronation of the Emperor it is carried by the Count Palatine of the Rhine where they call it Pomum Imperiale This power dignity and state hath been enjoyed by the Female sex as heirs descending by the common right of Inheritance and not onely in our parts but many others as at this day in Swethen when there is not the least punctilio of a diminution in respect of the Sex Besides for an addition to the honor of a King there is the same state allowed to a Queen during the life of her husband as to a Queen absolute almost and is allowed a Crown She is called Queen from the Saxon word Cuningine as King from Cuning onely by variation of the gender as it was their manner in such cases She is permitted to sit in State at the King 's right hand and to keep a Court distinct from the King although she be but the daughter of an Earl But this was in the time of King Edgbert prohibited and so for a long time continued by reason of Eadburgh who poysoned her husband King Brithick of the West-Saxons And if she be the daughter of a King Superior to her husband she may retain the dignity of her father's daughter and in this case the daughter hath preceded the mother And although in these latter times our Monarchy hath been reduced under the circumference of one Crown Imperiall no others having any other substitute Governors crowned Yet formerly both Scotland and Ireland had King's distinct whilst they acknowledged homage to the Crown of England as also the isles of Man and Wight The Kings of Man were first subject to the Kings of Norway then to the Crown of England and after to the Kings of Scotland and since again to the Kings of England Dominus hujus Insulae Rex vocatur cui fas est Corona aurea coronari The Lord of the Isle is called King and it is lawfull for him to be crowned with a Crown of gold Henry the second allowed with the same honor Roderig of Conaght to be King paying a homagery Tribute The Lord Beauchamp Earl of Warwick under Henry the sixth was in the like manner crowned King of the Isle of Wight Which is enough in this place as to the Dignity of a King Of the Emperor THe originall of this Title as it was long amongst the Romans denoted onely a Generall of an Army and not till the time of Julius Caesar translated to an honorary Title who being made perpetuall Dictator took also that of Imperator into his Title which hath continued in his Successors untill this day and became Superior to the Title of King that before was but substitute under it being yearly created in January and ended in September Which great change hapned upon the Victory of Caesar against Pompey at the Battle of Pharsalia This Title was onely taken up to supply that of King which had not long before been thrown out by Brutus and was supposed by the Usurper to be yet fresh in their memories and odious amongst them and it was long after before they used the Title of King though their power were as much and the Ceremonies and Ensignes of Regality the same and the Emperor's Throne at Rome was called Sedile regni But at last it grew to be as one and then the Emperor of Rome having subjected under his Jurisdiction many Kingdoms thought it however a title of more eminence and so retained it And though the title has not been so generally appropriated to our Crown yet our Kings have been styled Emperors and this Realm of England called an Empire So have the Kings of Spain and France But it is more peculiarly allowed or assumed by the Emperors of Germany who suppose that they have a right to the government of the whole world This Empire after it was divided to Constantinople and Rome and then again that Constantinople had lost it to the Turks it was removed to Germany and in the reign of Otho the third the Election granted to seven Princes of Germany the Archbishops of Mentz Trevers Cullen the Count Palatine of Rhine the Duke of Saxony the Marquesse Brandenburgh and the King of Bohemia then called Duke of Bohemia He hath had also the Superiority allowed him by all Secular Princes and whereas other Princes of Regall Authority are crowned with but one Crown he is with three the first of Iron which he receives of the Bishop of Cullen at Aquisgrane the second of Silver which he receives at Modena from the Bishop of Millan the third is of Gold wherewith he is crowned at Rome by the Pope And in latter Ages the title of King of the Romans is given to the Heir or him that is made or chosen Heir of the Empire and he is crowned and Jura Regalia given him though not so absolute as not to have a dependence on the Empire See Mr. Selden part 2. chap 1. The Ensignes of his Imperiall Dignity are a Crosse a Launce and a Sword a Scepter a Mond and a Crown and he is styled 〈◊〉 The Emperor of Russia is not Crowned but is adorned with a rich Cap of Purple neither is the Greek Sultan but vested with a mighty rich Tulipant But there though the Emperor have no Diadem yet the Sultanesse is adorned with a Rich Crown or Diadem Thus have I run through all the degrees of Honor and with as much brevity as so copious a Theam would allow of and for matter of precedency I think the method I have taken will save me the labour and I am unwilling to trouble the brains of the Ingenuous Reader with an unnecessary prolixity onely as to Offices of State because I have omitted them altogether I shall set down their places as in Princely Solemnities they are to be disposed In which those of the Crown are to precede all other of the Nobility that are not except the Blood Royall As the Lord Chancellor Lord Treasurer Lord President of the Privy Councel Lord Privy Seal These six also are placed next the Lord Privy Seal thus according to their state of dignity that is If he be a Baron to sit above all Barons if an Earl above all Earls Lord Great Chamberlain of England Lord High Constable of England Lord Marshall of England Lord Admirall of England Lord Great Master or Steward of the King's House Lord Chamberlain of the King's House So the King 's principall Secretary being a
summoning of the Commons was in the 49. year of Henry the third The style of the Statutes running after this manner The King hath Ordained and Established these Acts underwritten c. First The King willeth and commandeth that c. Signifying the power of enacting to force and penalty was derived from the Volumus of the King not the Vote of the Lords and Commons their consent only making it of more vigour against themselves If it were an Act of Indulgence or relief to the Common-wealth it run thus Our Lord the King of his speciall Grace and for the affection that he bears unto his Prelates Earls and Barons and others of his Realm hath granted that c. And sometimes Our Soveraign Lord the King hath granted and commanded at the Instance of the Nobles of this Realm c. No mention at all being made of the consent of the Lords and Commons Then afterwards thus they run Our Lord the King by the Counsel of his Prelats Earls Barons other great men Nobles of his Kingdom in his Parliament hath Ordained 〈◊〉 c. An. 33. Edward the first 1307. and so along in other Statutes the Commons not at all mentioned in the enacting any Statute but as thus in the beginning of Edward the third At the request of the Commons of this Realm by their Petition made before him and his Councel in the Parliament by the assent of the Prelates Earls and Barons c. Untill the 23. of this Kings reign in a Statute of Labourers I find the Commons not mentioned and then the power of Ordination given to the Statute still by the King as thus It is ordered by our Lord the King by the assent of the Prelates Farls Barons and other great men and all the Commons of the Realm summoned to this Parliament c. And in one Act of the same King the style runs thus The King of his own will without motion of the Great men or Commons hath granted and Ordained in ease of his people c. And then to signifie the Constitution of the Commons in Parliament See the 37. of Edward the third where the Statute runs thus The King at his Parliament c. at the request of the Commons and by the assent of the Prelates Dukes Earls and Barons and other Great men there assembled hath Ordained c. and at the prayer of the Commons c. In which style most of the Statutes run untill Henry the eight And for provision of the choyce of the Commons in a Statute of the 23. of Hen. 6. is set down the form of Writ by which they are summoned where it is also enacted That the Knights of the Shires for Parliament hereafter to be chosen shall be naturall Knights or otherwise such naturall Esquires or Gentlemen of the same County as shall be 〈◊〉 to be Knights And every Knight that is elected ought to be a resident of the place for which he is elected and every man that is an Elector ought to have forty shillings of free-hold within the said County and for the security of it the Sheriffe hath power to put them to an Oath upon the Evangelist and the Election ought to be betwixt the hours of eight and nine in the Forenoon and so of Burgesses The form of the Writ is this Rex Vic' c. Salutem Quia nostri 〈◊〉 pro quibusdam arduis ur gentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim ' futur ' teneri Ordinavimus ibidem 〈◊〉 Magnatibus Proceribus domus regni nostri colloquium habere tractare Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo tuo post receptionem hujus literis nostris tenend ' die loco predicto duos milites gladiis cinctis magis idoneos discret ' Com' praedict ' c. electionem illam in distincte apertè sigillo tuo sub sigillis eorum qui electioni illi 〈◊〉 〈◊〉 bis in Cancellaria nostra locum certisices 〈◊〉 And still before they came up to the House they signed Indentures to be true and faithfull to their King and Country and the service thereof upon a penalty even to the last long Parliament of eternall infamy And in the third of Queen Elizabeth it was enacted in full Parliament for the safety of the Queen's Majesty her Heirs and Successors and the dignity of the Imperiall Crown of England for the avoiding both of such hurts perills dishonor and inconveniencies as have before time befallen that not only all persons should take the Oath of Supremacy upon divers penalties in that Act specified But also every Knight Citizen and Burgesse of the Parliament should take the said Oath before he entred into the said House or had any voyce there else he should be deemed no Knight Citizen or Burgesse for that Parliament nor have any voyce but shall be to all intents constructions and purposes as if he had never been Returned nor Elected for that Parliament and shall suffer all pains and penalties as if he had presumed to sit in the same without Election Return or Authority And by King James the Oath of Allegiance was added Yet notwithstanding all this limitation upon the Commonalty Parliaments in England were ever esteemed since Magna Charta the greatest liberty of the Subject none else indeed being dreamt of And as it is as great a flower of the Crown to summon Parliaments as foedera bellum indicere to make War and Leagues which is so absolute that it is resolved by all the Judges of the Land that the King may before he is Crowned if by descent the Crown be his right summon a Parliament or within age as was seen in King Henry the sixth who summoned divers Parliaments in his 1 2 3 4 5 6. years of his reign yet was not Crowned till the eighth He being then essentially King without any Ceremony or Act ex post facto and Coronation but a Royall Ornament So the priviledges of Parliament and of the Common-wealth by Parliament are as great for though we thus see the great Prerogative of a King yet many things there are which a King in his own Kingdome cannot do without a Parliament by the Laws by which he hath bound himself as the making any man hereditable or the altering the Common Law or Customs of the Realm though by his absolute authority he may commit any man to Prison during his pleasure Therefore every Parliament-man during the time of the Parliament is priviledged from all disturbance of arrest for debt or the like and the servants of any Parliament man as much as the Kings are And to this Parliament for the further security of the good of the Common-wealth were ever admitted certain Judges of the Land though
before all other Bannerets as the younger sons of Viscounts and Barons as also before all Baronets but not otherwise And this Order was of so great estimation that divers Knights Bachelers and Esquires served under them which Title it seems in many antient Writs hath been mis-writ Barronets as in a Patent to Sir Ralph Fane a Knight Banneret under Edward the sixt he is called Barronettus for Bannerettus which Title of Baronet was not amongst us till King James Of Baronet THe Title of Baronet was erected by King James in the ninth year of his Reign He made diverse on the 22 day of May whose Patents were all of one form without any difference at all the 〈◊〉 or Argument being for the propagating a Plantation in Ulster in Ireland to which the aid of these Knights was ordained the words run thus 〈◊〉 ex certa scientia mero 〈◊〉 nostris Ordinavimus ereximus constituimus creavimus quendam statum gradum dignitatem nomen titulum Baronetti Anglice of a Baronet infra hoc Regnum nostrum Angliae perpetuis temporibus duraturum Their aid was the maintenance of thirty Soldiers in that Province for three years Their Titles were to descend to the heirs male of their body and to take place before all Knights Bachelers Knights of the Bath and Knights Bannerets the other Degree before specified being afterward made and that the name of Baronet in all Writs Commissions and Style should be added to his Surname and that the addition of Sir should precede in all mentionings of his name as the Title of Lady and Madam to the Wives of them and their Successors and that they should take place according to the priority of the date of their Patents inter se and so to their successors In which Patents also the King did engage for himself and successors that there should be but two hundred of them made and that there should be never any degree of Honor established that should take place between the Baronet and Baron and if for want of heirs male the Title in any should fall there should never be any created in their room but that the Title should diminish to the honour of them remaining and be by that means reduced to a 〈◊〉 number And afterward a Commission was ordained under the great Seal for filling up the number who had instructions also enacted among which they that desired to be admitted into the dignity of Baronets must maintain the number of thirty Foot-Soldiers in Ireland for three years after the rate of eight-pence sterling a day and a years pay to be paid in at the passing of the Patent to the Exchequer And again That they must be of good reputation and descended of a Grand-father at least by the father's side that bare Arms and have also a certain yearly revenue of one thousand pounds de claro They were to take bond also for the true payment of that maintenance and to appoint one particular Treasurer for it that it might not come into the King's Exchequer After this many being made it was also ordained by the King That they and their descendents being of full age should be Knighted and that they should in a Canton or Inescutcheon as they pleased bear the Arms of Ulster which is Argent a sinister hand and Gules There are many other Orders of Knighthood almost in every Nation some appropriated to the Country and some of more excellency as is that of the Garter whereof in another place I shall speak with the rest but these Titles have an estimated honor due to them greater or lesse according to the quality of the creator for the Knight made by the King shall be preferred before a Knight made by a Prince of meaner title So all Emperors Kings and Princes acknowledging no lawfull Superior may make Knights as also some Common-wealths as the State of Venice and Genoa The Popes also sometimes do make Knights calling them after their own names as Chevaleri de San Pedro San Paulo 〈◊〉 c. And so much for Knights may serve in this place Of Barons THis word Baron is very variously interpreted as first that it comes from the word Baria in Greek which signifies Authoritas gravis Bracton interprets it Robur belli Again saith Sir Henry Spelman the word Baro is the same in Latine with Vir whose derivation is from Vi Force and from thence Sunt alii potentes sub rege qui dicuntur Barones id est robur belli And taking of it in that sense we now understand it Sir Henry Spelman calls him Cliens feodalis and Vassallus capitalis Hujusmodi sunt saith he qui Pagos Urbes Castra vel eximiam ruris portionem cum jurisdictione acceperunt à Rege The Creation Robe of a Baron This word is a generall notion in England to all Lords of the Great Council of Parliament as it is in Naples and Lumbardy where all those Lords that are called Titulati are in generall styled Barons thus dignitas Baronalis stat ut genus This word was used by the Danes in the stead of Thane which was among the Saxons a Title of Honor and being next the King he was called the King's Thane And in the Laws of William the first instead of the Earl King's Thane and middle Thane of the Saxons times the title of Count or Earl of Baron and of Valvasor are used By which we understand it to have been though not in the same name yet notion a Feodall honor of great antiquity Sir Henry Spelman says they were such as had not onely Castles Towns or great parts of Countries in their jurisdiction but they had their Valvasores Minores I conceive for there were then Valvasores Majores Minores Milites libere tenentes Which should signifie an honor of command in the Common-wealth In France Germany and Italy Baronem vocant qui merum mistumque Imperium habet in aliquo Castro ex concessione 〈◊〉 And it hath been a common opinion that every Earldom in times past had under it ten Barons and every Barony ten Knights Fees holden of him But those Knights Fees say other Authors were uncertain for number However we find many Barons created in the times after the comming in of the Normans that held both of Knights service and of the Crown in chief which were either Spiritual or Temporall and it is certain that all honorary Barons from the Conquest till the latter time of King John were onely Barons by tenure These Spirituall Barons were distinguished from the Temporall Thane in the time of the Saxons by holding their lands free from all secular service excepting trinoda necessitas as it was called which was assistance in War in building of Bridges and Castles Which continued till the fourth year of William the first who then made the Bishopricks and Abbies subject to Knights service in chief by creation of new tenures and so
first turned their possessions into Baronies and thereby made them Barons of the Kingdom by tenure That all Bishops Abbots Priors and the like that held in chief of the King had their possessions as Baronies and were accordingly to do services and to sit in judgment with the rest of the Barons in all cases but cases of Blood from which they are prohibited by the Canon-Law This Honor of Baronady is of three kinds by Tenure by Creation and by Writ Barons by Tenure are the Barons Spirituall as I said before which are reputed Peers of the Realm and were ever first in nomination and take place on the Prince's right hand in Parliament and have been capable of temporall 〈◊〉 and some of them are accounted Count Palatines in their Jurisdictions And by tenure Temporall which are such as hold their Honor Castle or Mannor as the head of their Barony per Baroniam which is Grand Serjanty By which tenure they ought to be summoned to Parliament See Bracton lib. 5. fol. 351. 357. But he is no Lord of the Parliament untill he be called by Writ to the Parliament These Barons by renure in the time of the Conqueror and after were very numerous and 〈◊〉 his time as I conceive distinguished into Majores Minores and summoned accordingly to Parliament the Majores by immediate Writ from the King the others by generall Writ from the high Sheriff at the King's command But these had also another distinction which was the first were called onely Barons by tenure then and the last Tenants in chief which were after quite excluded the Parliament as Mr. Cambden says in the reign of Henry the third by a Law made that none of the Barons should assemble in Parliament but such as were summoned by speciall Writ from the King And that King Edward the first summoned always those of antient Families that were most wise but omitted their sons after their death if they were not answerable to their parents in understanding But Mr. 〈◊〉 opinion is that not long after the Grand Charter of King John the Law for excluding all Tenants in chief was made From whence came that other dignity of Barons by Writ the King summoning whom he pleased though he were but a private Gentleman or Knight as many Seculars Priors Abbots and Deacons also all which have been fince omitted that held nothing of the King in chief or Grand Tenure This title of Baron by Writ is by some esteemed onely temporary pro termino Parliamenti but that cannot be for the ceremony of his admittance signifies more than a titular or temporary Honor which is this He is first brought by the Garter-King at Arms in his Soveraign Coat to the Lord Chancellor between two of the youngest Barons who bear the Robe of a Baron there he shews his Prescript which the Chancellor reads then congratulates him as a Baron and invests him with those Robes and sends him to take his place Then the Writ is delivered to the Clerk of the Parliament and he by the Garter shewed to the Barons and placed in the House and from thence is this title allowed him as hereditary Since these two sorts of Barons in the time of Richard the second hath another been established which is Barons by Patent and indeed more usuall in our latter times than those by Writ He first created John de Beauchamp Steward of the houshold Baron of Kiderminster to him and his heirs males of his body And this comming afterwards to be the onely way of creation they had commonly creation-mony granted them as Sir Ralph Botiller who had one hundred marks granted him annuity out of the County of Lincoln Some of those Minores have yet remained to our memories as the Barons of the Cinque Ports Barons of the Exchequer c. and some others which are called Barons yet have not the honor such are those that were created by Count Palatines as the Baron of Kinderton and some few others As concerning the descent of this Honor and the extension of it it many times descends to heirs female as when there is no speciall entail on the heirs male yet then no husband of that heir female shall enjoy the style and honor in right of his wife unlesse he have issue by her as it was decreed by Henry the eighth in the case of Mr. Wimbry for the style of the Lord Talboyes Neither shall any honor of Barony by Tenure be conveyed with the 〈◊〉 of any place from whence the title is derived without licence immediate from the King but all such as shall without is absolutely forfeited and stopt and returns again into that great Fount ain of Honor the Crown Now though this dignity be not allowed the Princely distinction of a Coronet yet is he as a Lord of the Parliament reckoned among the Peers of the Realm and priviledged amongst them in all these things as first in all trialls of criminall causes he is not tried by a Jury but a Bench of Peers If for Treason he be indicted and shall stand mute he shall be convicted but not prest but if it be for Felony his standing silent shall not convict him Upon any tryall of Peers the Lords that are to give Verdict are not like a Jury put upon their Oaths but upon their Honor. A Peer of the Realm is not to be Empannelled in any Jury but what concerns the King 's Enquiry Neither are they to be arrested by any Warrant of Justice of Peace either for the peace or good behaviour Neither is he to be put upon his Oath upon any appearance he shall make in Court but his Honor to be esteemed as binding And whereas all Burgesses of the Commons House are sworn to Supremacy the Barons of the Upper-House of Parliament are not with many other priviledges But it is to be noted that by these are onely meant to Lords of the Parliament not to the sons of Dukes Marquesses or Earls during the life of their fathers Nor to any Baron of another Kingdom in this though under the same allegiance who are not triable out of their own Kingdome unlesse they enjoy some honor in this The form of creating a Baron is in this manner The King sitting in state in the Presence-Chamber First the Hetalds by two and two and their Garter Principall King alone proceed bearing in his hand the Patent of creation next to him a Baron bearing the Robes and then the Person to be created followeth betwixt two other Barons Being entred the Chamber of Presence they make their obeysance to the King three times Garter then delivereth the Patent to the Lord Chamberlain of the houshold and he to the King and the King to one of his Principall Secretaries of State who readeth it and at the word Investimus the King putteth on him the Baron's robe so soon as the Patent is read it is to be delivered to the
Chancery are only handled and discust Cursitors Inne Beareth Gules on a chief Arg. two Mullets Sables within a bordure Compone Or and Azure This Edifice was in 〈◊〉 dayes of Queen Elizabeth of famous memory built by the Right Honourable and Grave Counsellor of State Sir Nicholas Bacon Knight Lord keeper of the Great Seal of England for the benefit and decency of a new contrived Office now called Cursitors therein to lodge and to keep their severall Offices These Cursitors have the making of all Originall Writs according to the Register which are sued out and taken forth in causes commenced by the Students at the common Law In times past the chiefe Officer of the Court of Chancery was ever a Bishop and termed Cancellarius because he sat in Cancellis that is to say in Chancels or places letticed after the manner of Chancels in Churches as Petrus 〈◊〉 a learned writer hath left to posterity The Masters of this Court were for the most part Doctors of Divinity and had Prebendaries in Churches and other dignities and promotions The Cursitors or rather the Choristers as it befitteth a Chorus there being no honourable Cathedrall or Collegiate Church la Esglise which can be vvell without them And in former dayes both antient and modern the Ghostly Fathers or Confessors were examiners in Chancery as men held most conscionable and thereupon fittest for that function But fince in those dayes all the former Ecclesiasticall persons are become meerly lay-men and yet no doubt held to be as Godly Conscionable and Honest as any provided ever that they be men of skill persons who are of great Integrity and able of understanding Nam ad pietatem requiritur Scientia The Colledge called Doctors Commons Beareth Gules on a bend Argent three treefoils within a bordure Vert. The Professors of the Civil Law or the Imperial being also in some sort Canonists and professors of the Laws 〈◊〉 have their Hostels or residing place upon St. Bennets hill neer Pauls Chain This house was by the industry and cost of Mr. Henry Harvey Doctor of the Civil or Canon Law and at that time Master 〈◊〉 Trinity 〈◊〉 in Cambridge and Dean of the Arches instituted for the Company and Society of the said Doctors professors of the same study Gresham Colledge Beareth Argent a 〈◊〉 Erminoys between three Mullets Sables This famous work and most worthy Colledge scituate in Bishopsgate street had its foundation laid by that worthy Merchant Sir Thomas Gresham Knight about the year of our Lord 1579. who ordained therein seven Lectures of seven severall Arts to be there publickly read 〈◊〉 Divinity Civill Law Phyfick Rhetorick Astronomy Geometry Musick And this to be performed by seven severall persons learned professors thereof only in the time of the Terms at Westminster The annual stipendary to every Lecturer is 50. l. by annual pay and each of the Lecturers hath a convenient lodging provided for his use there in the same Colledge The Office of the Remembrancers of the Exchequer at Westminster Beareth Or a Cheveron Gules and a Canton Ermin in a bordure Compony Argent and Azure This house wherein now the Kings Remembrancer keepeth his Office was sometimes antiently the Inne belonging to the Barons of Stafford was in former time called Staffords Inne which said house and that other in Ivie-lane where Mr. Osborn the King's Remembrancer keepeth his Office or rather the Lord Treasurers Remembrancer and the house called Hospitium Johannis de 〈◊〉 Laurentio wherein 〈◊〉 Brainthwait Serjeant at the Law 〈◊〉 his abode and dwelling in Amen-Corner the Bishop of Elyes house now Stationers-hall the Three Tuns Tavern the Bull-head Tavern the Chamber belonging to Diana the next house to Doctors Commons called the old Camera 〈◊〉 were of antient times the lodging for the Residents and Canons and Prebends of St. Pauls who belonged unto that famous Cathedrall Church of St. Paul St. Katherine's Hospitall Beareth party per fesse Gules and Azure in 〈◊〉 a Sword bar-wise Argent pomelled and hilt Or in poynt a demy Catharine wheel of the fourth By the Licence of the Prior of the Covent and the Society of holy Trinity in London the said Hospitall called St. Katherines was founded by Queen Matilda wife to King Stephen The ground whereon this Hospitall is 〈◊〉 was then the proper inheritance of the said Prior and Covent and the said Hospitall was after enlarged by Queen Elianor Wife to Edward the first and after Philippa Wife to Edward the third founded there a Chancery and it hath been of late a free Chappell or Hospital for poor sisters FINIS ERRATA Page 41. l. 4. a mistake in the last quarter of the cut p. 52. a mistake in the cut the eighth quarter should have been the last Fern. Glo. Gen. p. 4. Seg. Hon. mil. civ l. 4. c. 5. Bartol de Dig. l. 12. Seld. 〈◊〉 of Hon. c. 〈◊〉 p. 4. Drus. observat lib. 3. cap. 19. Psal. 49. 2. Fern. l. gen p. 9. Pro. 17. 6. Fern p. 13 Fern. Selden p. 856 Aristot. l. 4. de pol. Fern. p. 14 Segar l 4. p. 226. Bart. l. 1. cap. de dig 12. Seg. p. 〈◊〉 Ibid. Fern p. 1. Noble by Merit Nobility mixt Sir J. Fern. Segar l. 4 c. 15. Seld. Tit. of Hon. c. 8 p. 853. p. 832. Rot. Vasco 24 Hen. 6. M. 7. N. 3. Sel. p. 870. C. Theod. l. 6. 〈◊〉 21. l. 1. Sir J. 〈◊〉 Form l. 3. p. 382. Edit Rom. 1621. Seld. Tit. of Hon. c. 〈◊〉 f. 858. Seld. Tit. of Hon. pag. 862. pag. 864. Ibid. p. 865. Sir John 〈◊〉 p. 37 Ibid. p. 36. Aug. de Civ Dei lib. 4. cap. 4 Cypr. lib. de 12. Abusionibus Sir John Fern. Ibid. Poetrie Ibid. Painting Vid. Paul Lomazzo p. 14. History Sir John 〈◊〉 Ferne. Ibid. Sir John Ferne. p. 61. Ibid. Bart. in l. 〈◊〉 〈◊〉 Ibid. li. de capitu Ferne p. 86. 〈◊〉 of 〈◊〉 Vid. Fortescue de laud. Ang. cap. 49. Sir John Feine p. 95. M. Seld. Tit. of Ho. p. 555. * Cam. fol. 176. †lib. 4. p. 507. Ad 〈◊〉 Brit. Art 88. Verst p. 322. Sir Tho. Smith de Rep. Aug. * p. 667. 〈◊〉 Sir John Ferne. p. 100. Camb. de Ordin p. 117. de reliquiis p. 23. Spel. Glos. p. 51. Segar p. 224. ibid. Spelm. p. 10. c. 2. ibid. Segar Ferne. Spel. p. 51. Segar l. 4. p. 246. Seld. Tit. Ho. p. 769. Camb. Brit. p. 170. Segar ch 1 p. 51. Will. of Malmsb. de gest Reg. l. 〈◊〉 c. 6. Seld. 〈◊〉 of Hon. p. 773. p. 778 Ibid. p. 779 Bract. 〈◊〉 36. Cook 5. Jacobi part 6. Selden p. 772. Mat. Patis Sir 10. Fern Glo. of Genere Cam. Brit. p. 74. pag. 175. Vid. Stat. de An. 23. H. 6. c. 15. Seg. lib. 2. lin 2. Vid. Mills fol. S 〈◊〉 4 Ed 4. 20 See Stow in Anal. p. 693. 694. edit vet in 4. Dor. Cl. 〈◊〉 20 Hen 7. 20 Sep. For K. of the Bath see Far. f. 65. 5 Book Mr. Seld. fol. 790.