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
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
place of Comes the ceremony of Creation much at one and the title hereditary the annuity money in their Patent is forty marks And here by the way I cannot but observe one note of Mr. Seldens that John Beaufort Earl of Somerset modestly refused to be made Marquesse of Dorset by Henry the fourth because the title was then so strange and new in the Kingdome The Marquesse is honored with a Coronet of gold flurred the points and flowers of equall height whereas of the Earls the pearled points are much longer then the flowers His Mantle also doubled Ermine as is the Earls also but the Earls is but of four and the Marquesses is of five the doubling of the Viscount is to be understood to be but of Miniver or plain white Fur so is the Barons the Barons of two the Vice-counts of three doublings Of the Duke The Creation Robe of a Duke Where by the way one note is proper to be understood that as he was here created without any Ceremony except the girding with a Sword so in all other degrees of honor where a lesser degree is conferred on a person of a greater there needs nothing but meer Patent without any ceremony of creation But John son to Edward the third being created Duke of Lancaster had a Cap of furre added to the ceremony and succeeding times have had the Sword Crownet and Verge of Gold a Surcoat Mantle and Hood and a Ducal cap doubled Ermin but not indented and is honored with the style of Gratious and Excellent These if they be of Royall line are reputed as Arch-dukes It is also allowed that a Duke tantum shall take place before any Lord that is both Marquesse and Earl but a Duke that is Marquesse or Earl besides shall precede him The Duke Marquesse and Earl at their creation have a sword put over their shoulders which the Vice-count and Baron have not Of the Arch-Duke THis title is of neer relation to the other but not found in any place save in the house of Austria the addition of which word Arch is from the Greek word Archos which is as much as Princeps in Latin So he taketh place of all other Dukes and he is allowed a Surcoat a Mantle and a Hood of Crimson Velvet at his Creation He hath also a Chapeau or Ducal Cap doubled Ermin indented with a Coronet about the same and an arch of Gold with an Orbe and Verge of Gold Of these titles the Duke Marquesse and Earl are esteemed Princely especially the two last These also are allowed to bear their Crests with Helmets the Beaver directly forward whereas a Gentleman Knight and Baron bare them with half the Beaver seen The Creation Robe of the Prince of Wales The Prince THe next and first immediately subordinate to the Crown amongst these radiant Stars is The Prince who in England onely is the Prince of Wales the first-born of the King These in the Saxons time were called Clitons and clitunculi from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Illustrious But since it hath been a title of creation for honor to the rising sun there were none created in the Nation but the King 's eldest son who are in all Nations honored above all other subjects and amongst some as in Spain have been called King 's during the life of their Fathers because of his so neer a relation to the Crown that if the Father dye he is ipso 〈◊〉 Rex there being no interregnum though he be not crowned In a Statute of the second of Henry the fourth it is provided that the Prince may give his honorable Liveries of signes to the Lords or to his meniall Gentry and that the said Lords may wear the same as they wear the Kings Livery and that the Menials of the Prince may wear the same as the King's menials but this hath been since abridged So likewise by a Statute of the 25. of Edward the third chap. 2. it is declared that to compasse or imagine the death of the Kings eldest son and heir is Crimen laesae Majestatis high Treason as also to violate the wife of the King 's eldest son And again see Coke 8. part 28. The Prince shineth with the beams of his Father and is holden to be one person with him Yet doth he acknowledge a reverence not only as to a Father but Soveraign and to that purpose continues that Motto which the Black Prince took up Ick dien I serve He is called Princeps quia principalis in strenuitate post regem saith Sir William Segar The first that we read of in England was Edward eldest son of Henry the third and after him the eldest son of the King hath been ever by Patent and Ceremonies of Instalment created Prince of Wales Earl of Chester and Flint being born Duke of Cornwall The Prince or first born of the King in France is called the Dauphin in Spain l' Infanta There are in other Countries Princes by Creation as the Prince of Piemont the Prince of Orange and many others but these are also now become hereditary and in some Countries all the Royall line are styled Princes When he is created he is presented before the King in Princely Robes who putteth about his neck a Sword bend-wise a Cap and Coronet over his head a Ring on his middle finger a Verge of gold in his hand and his Letters Patents after they are read His Mantle is once more doubled then the Dukes and his Coronet of Crosses and Flowers de Luce and his Cap of State doubled indented The King THe King is the next and in our Nations the highest being subordinate to no sublunary power as those of Spain Portugall and other Kingdoms of Europe and other parts of the world are He is the true Fountain from whence all these Rivulets and swelling Streams of Honor spring He is called Rex from whence the word Rego came and King amongst us from the Saxon word Koning and Kuning To say any thing of the Originall of the Government here were in vain for it is unknown onely I may say that none can produce any thing to assure any Government before it and what I spake in the beginning concerning the first institution of it universally is sufficient Besides these times have said enough to that purpose He hath ever bin of great reverence amongst these Kingdoms of Europe the very Title carrying Divinity in it being of Heavenly institution ordained by God himself the Bond of Peace and the Sword of Justice He is God's Vicegerent and to be obeyed accordingly both in Church and State If good he is a blessing if bad a judgment He is styled Pater Patriae Caput Reipub and for that the protection of his Subjects lies in his breast the Militia is annexed to his Crown and the Sword as well as Scepter put into his hand He hath power of pardoning where the Law
condemns even Parliament-Attainder The things that belongs to Justice and Peace are annexed to the Crown nor can they be separated The Parliament in the behalf of Henry the eighth writ thus to the Pope His Royall Majesty is the Head and the very Soul of us all his Royall Majestie 's cause is the cause of us all derived from the Head upon the Members his griefs and injuries are ours we all suffer equally with him Mr. Camden speaks thus of him The King is the most excellent part of the Common-wealth next unto God he is under no vassallage he takes his investiture from no man he acknowledges no Superior but God In England France Spain Denmark and other Kingdoms they are styled Kings Dei gratia by the grace of God Which hath been an antient custom in these Nations in the same or the like words as in the style of King Ethelbald Ethelbaldus divina dispensatione Rex Merciorum An. 716. Kenulphus Dei misericordia Rex Merciorum Beoredus largiente Dei gratia Rex Merciorum Ego Edwardus Dei gratia Rex Anglorum Ego Wilielmus Dei beneficio Rex Anglorum And the Kings of England since by a Bull from Rome in the time of our obedience to the Pope have been styled Defenders of the Faith and by Act of Parliament of Henry the eighth to whom that Bull was sent had the title of Supream Head of the Church of England annexed As the King of France is styled Rex Francorum Christianissimus the King of Spain Rex Catholicus or Catholica Majestad Catholick Majesty and the Emperor Defender of the Church It is the manner of Kings also to write in the plurall number which is God's own style as Mandamus Volumus Facimus c. And indeed in the Scripture we often find them called gods and in that sense may be styled Divi or Dii quia Dei vicarii Dei voce judicant Mr. Selden speaks thus upon this subject Man as a civill creature was directed to this form of subjection As if the sole observation of Nature had necessarily led the affections of men to this kinde of state Whence it is also that while others of the most curious in Philosophy tells us of Angells and the Supream Heavens being immediately Governed by the Maker of all things of the Planets and other Stars being ruled by the Sun and the separated Souls and the Aire being subject to the Moon they add together that upon Earth Kings are in like sort of Government as if naturall reason had first ordained them on earth by an unavoidable imitation of the Creator's providence used in that institution of Government in the Ayr Starrs and Heaven Neither do the antientest Gentiles speak of those elder times than with clear supposition of Monarchy even in the Infancy of the world And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies or Optimacies yet the more antient States there were in every place Monarchies as is expresly noted by Pausanias They are honored in all salutations not onely with kissing the hand but bowing the knee also in acknowledgment of their superiority to all Some are of opinion that this kind of Salutation came first to Rome from the old customes of the Asiatick Kingdoms For when the Persians meet you may know whether they be equall or not for in salutation they kisse each other but if one be somewhat inferior they kisse onely the cheek but if one be more ignoble he falls down adoring the other and passing by one another he turns his back as unworthy to look him in the face that is so much above him in honor The Ceremonies at his Coronation are many and in England more than any other Countries As the annoynting with Oyl the sacred Consecration which is to no other Kings but France Sicily and Jerusalem and his Crown fell on his head with many Religious Ceremonies which Spain Portugall Aragon and Navar c. have not besides the Ensignes of Regality which are a Ring to signifie his faithfulnesse a Bracelet for good works a Scepter for Justice a Sword for vengeance Purple 〈◊〉 to attract reverence and a Diadem triumphant to blazon his glory The Ceremony of Anointing every one almost understands to have been an Institution as old as the Law of God almost for though we find no speciall command in the Law delivered for it yet we find examples of it in a continued succession from God's own people and that with the holy Oyl with which none by the command in the Law were to be anoynted but the Priest which Oyl never wasted And that this hath been no Innovation among us is proved by Mr. Selden who makes it appear to be of above a thousand years standing before it was either in the Empire or France Though they have had it in France a long time and they say by divine Institution 〈◊〉 upon us for their authority the Miracle of a Dove that brought a Vial of holy Oyl from Heaven to anoynt King Clovis the first about five hundred years since Christ which Oyle they say hath never wasted It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capite etiam Pectore Brachiis quod 〈◊〉 ficat gloriam sanctitatem fortitudinem Kings are annointed on the Head to signifie their glory on the Breast to 〈◊〉 〈◊〉 their sanctity on their Arms to 〈◊〉 their power He is Crowned with an Imperiall Crown the Crown set on his head by the Archbishop of Canterbury a Prerogative to that See as it is in Spain to Toledo in France to Rheims and in Swethen to Upsalia But this Imperiall Crown hath not been long in use among us though our Kings have have had Imperiall Commands as over Scotland Ireland Man and other 〈◊〉 yet of Ireland they were but Lords untill the 33 year of Henry the eighth he being notwithstanding as absolute a Monarch over it when he was but Lord of Ireland as when he was styled King The Crowns formerly were but the same in a manner with that of an Earl now Neither is it to be found that any such thing as a Diadem was in use at all till the time of Constantine 〈◊〉 Great the distinction before being some kind of Chaplet or which is most certain a white silk Fillet about the brows which was an ordinary way to distinguish them as I have my self seen Statues of the Emperor with such a kind of Fillet about the head From whence is that which we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first that was Crowned with this kind of Imperiall Crown floryed and arched was Henry the third say some but others Henry the first and indeed it is left disputable to me so by me to others However it is very probable and plain that the antientest
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
Baron of the Parliament hath place above all Barons and if he be of a higher degree according to the former rule The Spirituall Nobility are thus placed The Archbishop of Canterbury The Archbishop of York Bishop of London Bishop of Durham Bishop of Winchester The two first are placed according to ancient dignity and the three last by act of Parliament and the rest of the Bishops to take their places according to the seniority of Consecration Segar lib. 4. cap. 24. By an Act of Parliament An. 31. Hen. 8. See the Act in Mr. Selden's Titles of Honor. So all men serving near unto the Prince's Person either Civil or Military are allowed a precedency in pari dignitate and themselves according to his seniority of place As to their precedency otherwise Dukes Marquesses Earls Viscounts and Barons are to take their places according to the antiquity of their Title and their Ancestor's creation and their Wives accordingly A Duke's eldest son takes place as a Marquesle but beneath him and his Wife beneath a Marchionesse and if she be the daughter and heir of a Duke she shall go before all Duke's eldest sons wives and however are equall to a Marchionesse but to go beneath them and the younger sons of Dukes are in equall degree with an Earl but to go beneath him and Marquesles eldest sons and their Ladies to take place accordingly So the eldest son of a Marquesse as an Earl and the younger as Viscounts and their Ladies and sisters to take place accordingly as before An Earl's eldest son takes place as a youngest Viscount and the younger as Barons their wives and sisters accordingly Viscounts eldest sons as Barons and their youngest sons to take place with Barons eldest sons above Knights Baronets by an Act of King James and above all Bannerets but those made by the King himself under the Stander and all Knights Batchelers Of Women NOw lest I should be thought malitious to a Sex I owe much honor to before I conclude I shall take some short observations more then already I have And first that although they are not allowed to sit in Parliament yet do they enjoy almost all priviledges due to the other Sex The honorable Feminine Dignities are Princesse Dutchesse Marchionesse Countesse Vicountesse and Baronesse Which are either by Creation by Descent or by Marriage This honor by Creation as it is rare amongst us so it is more rarely taken notice of though many examples have been as Richard the second created Margaret Countesse of Norfolk into the title of Dutchess of Norfolk See the Charter in Mr. Selden Anne Bullen was created Marchionesse of Pembrook by Hen. 8. limited to her and the heirs males of her body to be begotten with creation-mony of twenty five pounds per annum and the ceremony of Mantle and Coronet The Lady Finch was by King James created Vicountesse of Maidston to her and her heirs of her body with speciall clause that her heirs male should have a voice in Parliament and afterward she was likewise made Countesse of Winchester c. Of these Titles thus conferred Sir John Fern takes no notice though else he discourses largely enough By Descent we have continuall examples When any daughter of an Earl or Vicount shall continue a Virgin or marry an Esquire she shall retain that honor that springs from her father's blood take place according and be saluted by the Title of Lady Which word Lady came from Hleafdian or Leafdian by contraction in the Teutonick and so Lafdy and thence Lady as from Laford Lord. The word Laf signifying bread and Dian serve It seems from that they called those persons that for their quality could entertain others and distribute corn and bread to their neighbours by that Title And of old though in the Empire and here the word Dominus was used in generall for salutation amongst men of all sorts yet Domina onely to persons of honor amongst women as the widows of all Tenants in chief and daughters and heirs of all Knights c. The heirs females of any Count or Baron shall enjoy both the Estate divided and Titles too if they be to be divided and they shall be enjoyed by their husbands if they marry in the right of their wives So that if there be two or three or more sisters to share the estate and the honors and dignities inherent be enough they shall enjoy every one one as in the case of the Earldom of Pembrooke in the time of Edward the third and now the Lord Darcy of the North by the same right enjoys the title of the Lord Conyers But this holds not when the title is held by Jus gladii or Knight's service or if the Honor be in any Castle or place onely it cannot be divided but falls and dissolves in the Crown or left to the disposing of the King And again if the estate of honor and dignity be not descending to the heirs generall but entail'd to the heirs male it cannot be the inheritance of a daughter as many times it is But we may understand this the better by that more eminent demonstration of high Offices of the Kingdom which descending by inheritance on the heirs generall have been challenged by the husbands of heirs female in right of their wives the Descent-male failing as in the case of the Duke of Buckingham in the time of Henry the eighth challenging the Office of High-Constableship of England The Office of Lord Steward descended to Blaunch daughter of Hen. Earl of Lancaster in whose right Joh. of Gaunt her husband enjoy'd it So the Office of Earl Marshall descended to the house of Norfolk by an heir female afterward being forfeited by treason was conferred to the Lords Howards of Arundell And in this and all such Descents where there are not dignities enough to allow a partition to all the Sisters but the Honor shall be undividable it shall descend to the eldest or be disposed by the King to which he please And for ennobling by birth these rules are observed That if a Gentleman Knight or Baron do marry a wife of ignoble parents she shall enjoy the title name and dignity of her husband For saith Sir John Fern let the wife be shining and glorious with the dignities of her husband Whereas on the contrary if a Gentlewoman of blood and Coat-Armor shall marry a Francklin Yeoman or the like that is ignoble having no Coat-Armor his condition is no whit advanced by marriage in point of honor Although let him be inferior to her whom she shall marry yet she shall retain the honor state and dignity she was born to But there is this Law for them to walk by too that is Si mulier nobilis nupserit ignobili desinit esse nobilis that is If a Noble-woman marry with an ignoble her nobility is extinguished for she is under the power of her husband and ought not to be in
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
example The first is Gules a pale Or the Coat Armour of the Lord Hinkley The second Azure a pallet Argent which possesseth the half part of a pale The third is Or an endorse Gules which is the fourth part of a pale The fourth is Argent three pallets Wavy 〈◊〉 The fifth Azure a pale radiant rayone Or. The sixth Argent three pallet Gules in a chief Azure a barrulet dancettee Or. The seventh is Argent on a pale Sable three crosse pattees Or within a bordure engrayled of the second by the name of Crowch The eighth paly of six Argent Azure fretted with a barrulet in fesse Gules a chief and base of the same The ninth Argent on a pallet Sable a fesse Gules and two barrulets of the second quarterly pierced of the first The bend is an Ordinary drawn of two lines from the dexter to the sinister base and sometimes from the sinister chief to the dexter base and have both their diminutions and are varied as the rest as oft as the variety of crooked lines can do it The first is Argent a bend engrayled Sables by the Lord Fitzwater Earl of Sussex The second is Argent a bendlet Gules which possesseth half the bend and according to the rule of some should begin its upper line in the precise corner of the dexter chief whereas the bend begins above it as much as below it The third is Or a garter Gules which ought to contain but the third part of the bend and derive its lines as the bend doth The fourth is Gules a Cost or cottis Or which containeth the fourth part of a bend The fifth is Or a ribbon Gules this containeth but the eighth part of a bend and is couped at the ends The sixth is Argent a bend sinister Vert this bend meeting in the same field with the dexter bend seems to make a Saltyre but they do not and care must be taken in the blazon of it to begin first with that which lies next the 〈◊〉 and then to say The one surmounted of 〈◊〉 〈◊〉 other The divisions of this are first a Scrape as in the seventh which is Argent a Scarpe Azure The eighth is Or a battune Gules which is most commonly couped at each end as the Ribbon is which is commonly the stain of a 〈◊〉 when he is admitted the bearing the 〈◊〉 Armour of his Father's line but it is not to 〈◊〉 〈◊〉 then in mettle but by Bastards of 〈◊〉 〈◊〉 last which for its variety I have inserted as rare is Azure a bend double dancette Argent by the name of Lorks If there be more then one of these Ordinaries in a Coat they are to be blazoned thus if two bendlets if more bendy of so many as it is and sometimes 〈◊〉 a bend with its diminutives meet in one field as in this of Sir Edmund Boyers of Camberwel in Surrey which is Or a bend vayre between two Cottizes Gules And sometimes these Cottizes are born without any bend between them as in the example empald of John Marsham of Hornsplace in the County of Kent Esquire which is Or a Lyon passant in bend Gules betwixt two bendlets Azure And this manner of empaling is a way that a man joyns his Wife's coat with his and I wish these Coats might so come together Now I proceed to the Fesse according to my promised method And first in its place and genuine nature as in the first quarter here which is Verry of Or and Vert a fesse Gules by the name of Duffield The fecond is Or a fesse dancette Sables the proper Coat of Sir Thomas Vavasor The third Argent a Fesse and Canton Gules by the name of Woodvile The fourth Or a fesse between two Cheverons Sables by the name of Lisle The fifth by the name of Blyton is Gules a fesse Sable Argent indented par fesse point in point between three Owls head errased of the third The sixth is Vert on a fesse Argent a barre Sable charged with four Cheverons between three Spades of the second The seventh Sable a fesse Wavy Argent between two Stars of the second given to that honorable Person Sir Francis Duke by Queen Elizabeth for his service at Sea The eighth is Sables a fesse 〈◊〉 at each end Or which 〈◊〉 I have very rarely seen The ninth Or a fesse Nebule betwixt three trefoyls slipt Gules Thus you see a variety of bearing this Ordinary yet it shews not any diminutives 〈◊〉 changeth its place in the field which two only properties belong to the barre and it only so differs from this in specie As for the Escutcheon born as an Ordinary I find very little variety only sometimes it is called an Inescutcheon which is when thus born which is Ermin an Inescutcheon Gules by the name of Hulgrave And sometimes an Escutcheon as when more then one is in the field as thus in the second which is Argent three Escutcheons Sable by Sir John Loudham of Suffolk Sometimes these are charged only with augmentations of honor and sometimes the field is charged with other Ordinaries promiscuously with these as in the third which is Or a barruler between two barres gemels Gules three Escutcheons vayre by the name of Gamolle And sometimes these Escutcheons are charged also as in the last which is Or three Escutcheons barry of six vayre and Gules The Cheveron containeth the fifth part of the field and is not so confined to one place but may be born in another and also more then one in a field but if above two they are called Cheveronels Guillim The first example is 〈◊〉 a Cheveron Gules belonging to the Lord 's Staffords The second is Or a Cheveron in chief Azure There are divers other accidents incident to this Ordinary as transposition coupings voidings and reversing besides it hath its diminutives for example the third is Ermin a Cheveron cooped Sable by the name of Jones The fourth is Azure a Cheveron engrayled voided Or by the name of Dudley The fifth Argent a Cheveronel Vert of which there can be but three in a field The sixth is Vert a couple close Argent which containeth the fourth part of a Cheveron and is not born but by payres except a Cheveron be between The seventh is Sables a Cheveron Rompe Or betwixt three Mullets by the name of Sault The eighth is Azure three Cheveronels brased in the base of the Escutcheon and a chief Or by the name of Fitz-hugh The ninth is Gules three Cheveronels reversed Or. The Saltyre is an Ordinary formed of a fourfold line two from the dexter chief extending towards the sinister base and two towards the dexter base from the sinister chief meeting in fesse by couples in acute angles in the nature of that which we usually call a Saint Andrews Crosse. The first is Argent a Saltyre Gules by the ancient and Noble Family of the Gerrards of Lancashire The second is Azure a Saltyre quarterly quarter'd Or
Argent the Arms of the Episcopall Sea of Bath and Wells The third is Gules a Saltyre Or surmounted of another Vert by the name of Andrews The fourth is Sables a Saltyre Argent in the fesse point an Inescutcheon Or charged with a Crosse Gules and this though we should allow colour upon colour and metall upon metall to be false Herauldry yet is good the last being the charge of a distinct Scutcheon it being of pretence and of another family The last of these Ordinaries is the Barre which though it is allowed the Honor of a particular Ordinary yet in my opinion is but a diminutive of the Fesse however differs only in this that it hath the liberty of the field and taketh place any where which the Fesse cannot this also hath its diminutives being subdivided into a closette and barrulet First of the barre as in the first quarter of this Scutcheon Azure three barres Wavy 〈◊〉 by the name of 〈◊〉 The second Argent three Barres and a Canton Gules by the name of Fuller The third Gules two Barres and a Chief indented O by the name of Hare The fourth is Or a closset Sanguine this is the one 〈◊〉 of the barre The fifth is Sables a Barrulet Argent this containeth the one fourth part of the Barre The sixth beareth Gules on a Cheveron Arg. three Barres gemmels Sables these are called Gemmells when they are placed in couples at a near distance and more than two in the field in even number The seventh is Ermin three Barres couped Gules charged with six Escollups shells or three in the first two in the second and one in the last by the name of Sabridge Court. The eighth is barry of ten Or and Azure in a Canton Gules a Chaplet Argent by the name of Holms of 〈◊〉 The ninth is Barry of six on a Chief between two 〈◊〉 party per bend dexter and sinister two pallets Or and Azure over all an Inescutcheon Arg. which was the 〈◊〉 of Mortimer Earl of March Thus have I run through all the Ordinaries with their varieties of Barring in their due order according to their usuall terms of proper Blazonry In the next I shall shew some other forms of Charges framed of such like lines in the Escutcheons and then proceed to shew 〈◊〉 all the parting 's counterchanges First then as in this shield there is Or an Orle Azure by the name of Bartram Lord of Bothall The second is Or an Orle of three pieces 〈◊〉 The third Argent an Orle engrayled on the inner side Gules The fourth is Or a double Tressure Flory 〈◊〉 The fifth is Sables a Fret Or by the Lord Mautravers now quartered by the Earl of Arundel The sixth Vert 〈◊〉 Or this with the distinction of a second Brother in a third House is the Coat-Armor of Sir George Whitmore late Lord Mayor of London In the three last are a 〈◊〉 a Lozenge and a Mascle The Pile is an honorable bearing though not to be reckoned among the Ordinaries as some would have it this hath divers ways of bearing and is free to any place of the field but its property is to issue from the middle chief and extend with an acute angle almost to the middle base and then is termed plainly a Pile but if otherwise you are to distinguish as this 〈◊〉 quarterings will demonstrate The first Argent a pile Gules this belonged to Sir John Candoys in the time of Edward the third The second is Or three piles meeting near in the base of the Escutcheon Azure by Sir George Brian The third is Argent three piles one issuing out of the chief between two other transposed Sables by the name of Huls The fourth is Argent a triple pile flory on the tops issuing out of the sinister base in bend Sables by the name of Wroton The fifth is Argent a pile in bend issuing out of the dexter chief in pale Sables Cottised engrayled Argent And here in the same Scutcheon for their nearnesse of form have I inserted the Gyron with its varieties As in the sixth Gules a Gyron issuing out of the dexter point Or. The seventh is Argent two Gyrons Gules These do always meet in 〈◊〉 with their points and therefore 〈◊〉 is needlesse to name the place onely naming their number and colour The eighth is Gyrony of eight pieces Or and Azure a Canton Ermin by the name of Octon The last is Gyrony of twelve Argent and Sables and so are they always to be blazoned Gyrony of so many if they be more then two These I must confesse should properly have been placed among the counter-changes But my digression is excusable since it is so near concerned as the single Gyron belonging properly to that place and then that the counter-changes are so near in a concordancy as the next discourse must bring them in which is to describe the partitions and counter-changes according to the disposition of every Ordinary and first of the partitions as in the first next example The first in this example is party per Crosse Arg. and Gules by Sir Henry Cock of Hertfordshire and here is to be noted that though the mettle be more honorable yet if the colour possesse the dexter part or chiefest part of the Field that is first to be named And by the way I must here observe that some will have this to be blazoned quarterly but certainly improperly unlesse the quarters were charged for why should this Ordinary above all the rest be denyed the priviledge of partition which all have but the chief that in its propriety is formed but of one line The second quarter bears party per pale a bend counter-changed Argent and Gules by Sir Geofry Chaucer The third party per bend Or and Vert by the name of Hawly The fourth party per Cheveron Sables and Argent by the name of Aston The fifth party per Fesse Or and Azure The sixth party per Pile in point Or and Sables Now the difference betwixt this and the Pile alone is that the lines meet at the very base of the Escutcheon and others short and sometimes this is changed by a Reverse as in the next example which is The seventh party per pile reversed Or Gules and Sables which is very rare for the distinction of the field into three colours as the last is also The eighth is party per Saltyre Ermine and Gules The ninth is party per pale and base Gules Argent and Sable The counter-changes are thus first party per pale Or and Gules three roundalls counterchanged The second is party per Cheveron unde three Panthers bends erased counter-changed Sab. and Or by the name of Smith of Norfolk The third is pally of six a bend-pally as many all counter-changed Argent and Gules which is a quartering of that honorable Gentleman the Lord Strafford The fourth is barry of six party per pale indented Argent and Gules counter-changed The fifth is barry pily
Cheveron Arg. armed Gules by the name of Frampton There is one rule more that hath been by some both antient and modern Heralds observed concerning the blazoning of Lions which is That if above one Lion be in a field they must be termed Lyoncels that is young-Lyons because the spirit of a Lyon is full of Majesty and admits no co-partnership in one Territory But they make two exceptions to this generall rule that is When any Ordinary parts them and When it is the Coat of a Monarch to which last I must concede from his argument which is propter Regiae Maejestatis dignitatem But for the former it cannot alwayes hold according to their own argument without an absurd contradiction As for example Mr. Guillim blazons a Coat thus A fesse Wavy betwixt three Lyons passant whereof three is but one barred from the other But I must be forc't to beg pardon and to accuse him again and by it lay down one exception more in the Coat of Wickombe he blazons thus Two Lyoncels rampant combant When as in ordinary reason according to his own argument too being in a fighting posture they deserve the name of Lyons As I should be bold to blazon my own Coat being the same only the colours contrarily disposed as Azure two Lyons Combatant Or languid and armed Gules I confesse where I find them indorsed as in that which he believes to have been the Arms of Achilles at the siege of Troy I think it much reason to blazon them Lyoncels For other examples of beasts I shall only adde one more which is First Argent 〈◊〉 a Mount proper a Stagge lodged Gules by the name of Hart-hill The second Arg. a Stagge tripping armed and unguled Or by the name of Holms The third is Vert a Stagge stripping proper Or by the name of Gilsland The fourth is Argent an Unicorn seiant Sab. armed and unguled Or by the name of Harling The fifth Azure a Stagge at gaze Gules The sixth is Vert a fesse between three Bucks in full course Or by the name of Robertson The seventh is Argent a Lyons head erased Gules by the name of Gowis this is the most honorable bearing of the heads or limbs because it is said to be torn off from the body The eight is Gules three Unicorns heads couped Argent The last is Gules a Cheveron betwixt three Bulls heads Cabossed Argent armed Or by the name of Baynham Of Birds THe second sort of the most Noble sensitives are Foules of the Ayr all which I shall comprise in a very short example Only by the way this note is to be observed that as I have disposed them all into an order so are they in degrees of excellency in Armory And again when any quick things are born it is most commendable when born in the most generous and noble action or the most proper to its nature Of these the first is Sables a Swan with her wings expansed Arg. membred Or within a bordure engrayled of the same by the name of Moore The second is Ermin an Eagle displayed Gules armed Or. The third is Sables a Goshawke Arg. perching upon a stock fixed in the base point of the shield of the second armed Jessed and belled Or. The fourth is Gules a Pelican in her nest with wings displayed feeding her young Or vulned proper by the name of Carn of Wenny in Glamor ganshlre The fifth is arg three Peacoks in their pride proper by the name of Pawne The sixth is arg a Heron volant in fesse azure membred Or between three Escoliops shels Sables The seventh is Gules three Cocks argent Armed Crested and Jellopped Or. This was the Coat Armor of that reverend Dr. Cocks Bishop of Ely in Queen Maries and Queen Elizabeths times The eighth is Gules two wings inverted and conjoyned Or. The last is Or on a bend Sables three Estridge feathers passing through as many escrowls of the first Many other Birds as well as Beasts are used in the infinite variety of Coat Armour but by the observance of these examples they will be all understood Of Fishes MR. Leigh observes this general rule in blazoning of Fishes That all Fishes that are born feeding should be 〈◊〉 in blazon Vorant or devouring because they swallow without chewing and that what they devour should be named These are as Beasts born in divers postures as Nayant which is swimming upright embowed extended endorsed trianguled and fretted c. As in this following demonstration The first is Argent three Eeles Nayant in pale Sables by the name of Ellis The second is Sables three Salmons hauriant Argent by the name of Salmon The third is Azure a Dolphin Nayant embowed Argent by the name of Fitz-James The fourth Argent two Barbels Hauriant respecting each other by the name of 〈◊〉 The fifth Gules two Pikes hauria ntendorsed Or. The sixth three Trouts fretted in triangle Arg. by the name of Troutback The seventh is Arg. two Lobsters clawes in Saltyre the dexter surmounted of the sinister Gules by the name Tregarthick The eighth is Arg. a Cheveron engrayled 〈◊〉 betwixt thre Crevices Gules The ninth is Sables a fesse engrayled betwixt three Welkes Or by the name of shelly Thus are all manner of Shell-fishes as well as others And some times Reptibles and Insects all manner of Flyes and Grashoppers But their blazon is obvious enough to every mans judgement that can distinguish one from another when he sees them therefore it would be but an unnecessary intrusion in this place Vegetables I Shall not need here I hope to run over all parts of Philosophy and Diviniry and to tell what Trees are and their Natures For as they are not discourses pertinent to this place so Mr Guillim as well as my self might have 〈◊〉 every ingenious man as knowing as himself in it or at least 〈◊〉 And to none other do I submit my endeavours I shall only trouble the Reader with their various bearing in the examples of some few which will direct to all others And herein the first is Argent on a mount in base a Pine-tree fructed proper by the name of Pine The second is Gules the trunck of a tree in pale eradicated and cooped Sprouting out two branches Arg. by the name of Stockden of Leicestershire The third is Arg. three sterved branches slipped Sables by the name of Black-stock The fourth is Arg. a Cheveron Gules between three garbs of the second by the Lord Sheffield Earle of Mougrave The fifth is Sables three Lillies slipped Arg. the Coat-Armor of Winchester Colledge The sixt is Arg. a Cheveron Sables between three Columbines proper by the name of Hall of Coventry The seventh is Arg. a fesse Nebule between three trefoyls slipt Gules by the name of Thorpe of Glocestershire The eight Arg. 〈◊〉 Holly leaves pendant proper by the name of Inwine The ninth a fesse Arg. three Apples transposed in base Or by the name of Harwine of Devon Of Monsters ANd here
And there are commonly two Pursevants extraordinary whose names I finde to have varved therefore I name them not The Office of Garter was first instituted by Henry the fifth and though the other received Ordination long before yet is honored with the precedency and hath the prehemimency in all Charters and Assemblies Creations of Nobility and honorable processions especially all concernments of the order of the Garter either in Elections or Funerals The other of Clarenceux and Norroy by 〈◊〉 have power Clarenceux over all England on this side 〈◊〉 Norry beyond to enter into all Churches Castles Houses and any other places to survey and review all Arms Recognizances and Crests to make visitations and to register the pedegrees and marriages of the Nobility and Gentry and at their 〈◊〉 〈◊〉 or upon suit in their Office to punish with disgrace and 〈◊〉 all such as shall intrude so much upon Honor as to usurp other mens Atchievements or phansie to themselves new against the law of Armes to reverse and 〈◊〉 them and to make infamous by 〈◊〉 at 〈◊〉 or Sessions all such as 〈◊〉 unduly take upon them the title of Esquire or Gentleman and such as shall use or wear mourning Apparell as Gown Hoods c. contrary to the Order limited in the time of Henry the seventh and to 〈◊〉 all 〈◊〉 and other Artificers in the setting 〈◊〉 of Arms. In the execution of which commission they have power to command all Justices Sheriffes Mayors Baliffs and other officers and subiects to be aiding and assisting to them And if upon summons any Knight Esquire or Gentleman do refuse to come and appear before him and give an account of their Arms and Gentility they have power in their respective Provinces to summon them by a Suppaena of what penalty they think sit before the Earl Marshal of England for their 〈◊〉 therein And they have the ordering of all Funerals of the Gentry within their respective Province from a Baron downwards taking other Heralds in their courses with them As also the ordering of all Combats Lists and Triumphs with the Fees belonging to them And they have for stipend out of the Exchequer 100 marks a piece annuity The six Heralds are all in equall degree only preceding according to the seniority of their creation their Patents being under the 〈◊〉 Seal of England and their annual stipend is forty marks besides theirs profits and Fees The 〈◊〉 have their Patents in like 〈◊〉 a stipend of twenty pound per annum out of the Exchequer but those extraordinary have neither Patent nor Fee The Arms of the Office is Arg. a Crosse 〈◊〉 between four 〈◊〉 Azure The whole Company are subordinate unto the High Constable or Earl Marshall of England and by him every of them is at his first entry commended to the King by a Bill signed with his hand Which done the King signes the same and so it passes the Privy Seal and broad Seal and that once obtained they are to be 〈◊〉 and created by the King himself or the Earl Martiall in 〈◊〉 following A King of Arms is brought into the King 〈◊〉 Lord Marshall led between a King and a Herald or two Heralds in their Coats the other Heralds 〈◊〉 Pursevants going before in their Coats carrying the severall necessary instruments to 〈◊〉 used on 〈◊〉 the Coat of Arms wherewith 〈◊〉 new King is to be invested another 〈◊〉 Crown another the Patent another he 〈◊〉 〈◊〉 〈◊〉 another the Book and Sword another the Book where his Oath is received all making severall 〈◊〉 and then he kneels down with those two that led him one of which holds the Book and 〈◊〉 whereon he swears the other speaks his Oath then his Patent is read and at the word Creamus and Investimus his Coat is put on and at non violante nomine c. the the water is poured on his head and then he is perfect There is belonging to this Office a Register Marshal and other officers and servants and amongst those Painters called Heralds-Painters every King of Arms hath power to Commission one whom he pleases as appropriate to his businesse and so much for Heralds And thus much for Heraldry The Names of the several Houses and Innes of Court Chancery and other Hostels in and about the City of LONDON Two called Serjeants Inne 1. In 〈◊〉 2. In Chancery lane The two Temples Inner Temple Middle Temple Lyncolns Inne Grays Inne Innes of Chancery Davies Inne Furnivals Inne Bernards Inne Staple Inne Cliffords Inne Clements Inne New Inne Lyons Inne Chesters or Strond Inne The six Clerks Office or Inne Cursiters Inne The Rolls Doctors Commons Gresham Colledge The Exhequer Office Osbournes Office St. Kather. by the Tower The Inns of Court and Chancery in their order FIrst it is to be understood the four Colledges or Innes of Court may be tearmed Collegia Jurisconsultorum that is Colledges of Lawyers The Romans did call such houses Diversoria ordained to entertain strangers which in our English are called Inns and have been acknowledged with us in England to be the residing houses of the Noblest Peers viz. Oxford Inn Warwick Inn Ely Inn and now called Oxford house Warwick house and Ely house Somewhat according to the French whose houses of Nobility in Paris are called Hostels in Latine Hospitium in English Inns. In London and thereabouts there are fourteen two Serjeants Innes four Innes of Court and eight Innes of Chancery The most antient Inne of Court and wherein Serjeants of Law had their first residence was sometimes over against Saint Andrews Church in Holborn and was known by the name of Serjeants Inne which afterwards came to be the Scroop's who then were have since continued Barons of this land and it was called Scroops Iune which is called by another name the possession being likewise altered out of that Family And although the Innes of the Serjeants be somwhat antient for time as also of modern age too yet it must be granted that in respect of some others they must be respected but of a noval foundation Yet forasmuch as they are receptacles and lodging places of the most reverend Judges and grave Barons of the Exchequer and other Judge in Office and Serjeants at Law they are by way of decency to be reckoned in the first rank That Hostel or Inne which now is commonly called Serjeants Inne in Fleetstreet was sometime a Messuage appertaining unto the Dean and Prebends of York And afterwards purchased by the Judges and Serjeants at Law that lived in the Reign of King Henry the eighth for a place of residence for them in Tearm time And that other called Serjeants Inne in Chancery lane was somtimes a Mesluage belonging unto the Bishops of See of Ely as appeareth by Records In these said Houses or Innes of Court commonly called Serjeants Inne the reverend Judges of this land and the Serjeants at Law have for many years lived and have been lodged within the same Being in very deed although
said the Inner Temple hath lately assumed to themselves a Pegasus whereof in particular I spare to relate any more for the same is vulgarly known to all To the Inner House was also appropriated divers learned Legists from time to time which in number continuance and gifts of Nature did exceed every other of the said Innes of Court And therefore was anciently tearmed Inner Temple Boun Pleader Which continueth to this very day and it is withall much esteemed of beautified and graced with a special Garden plot famous for its situation neatnesse and nearnesse of the River The Ensign is Azure a Pegasus Argent Lincolns Inne This House owning a right to the Arms as well as name of the Lacyes Earls of Lincolne have set up over the Gate the Lyon Rampant purpure committing a great mistake in that if Sir John Fern's account of that Familie of the Lacyes be true which hath passed for authentick for he tels us that Or a Lyon Rampant purpure was his right but it was only a quartering and not the paternall Coat for his first and principall bearing was party per Crosse Gules 〈◊〉 a bend Sables over all a file or three Labels Arg. and this was the proper Coat of those Lacyes the other was the Coat of the Lord Nigeld or Neal Baron of Halton This Society of Lincolnes Inne the next for antiquity and ancient Ally to the Middle Tenple is situate in a Street or Lane known formerly by the name of New-street and now Chancery lane being once the Mansion-house of a Gentleman called William de Havershall Treasurer to King Henry the third who for disloyalty to his Soveraign was by the said King attainted of Treason so that thereby his house and lands became annext to the Crown And thereupon the King gave this house to Ralph de Nova villa vulgo Nevill Chancellor of England as appeareth by an ancient Record Who also was Bishop of Chichester and kept his habitation or place of abode in that place This House came afterwards to the hands of Henry Lacy Earl of Lincoln by reason whereof it was called Lincolns Inne and keepeth the style to this day This Earl Henry deceased in that house about the year of our Lord 1310. Neverthelesse this house did afterwards continue to the Bishops of Chichester untill the 〈◊〉 of King Henry the eighth and the interest thereof came by conveyance to Justice Gullyard and other Feoffees who during his life and after him his posterity held it untill the reign of the late Queen Elizabeth and then Sir Edw. Gullyard Knight to whom the same did successively descend by Inheritance sold the same with the Inheritance thereof to the Benchers and Society thereof There is no memory of any florishing Estates of the Students and professors of the Common Lawes resident in this Colledge until the reign of King Henry the sixth when it appeareth by the Rolls and remembrances of that house that the same became somewhat to be famous But now of late time this house hath been much enlarged and beautified with ranks of goodly Edifices and also with a fair and goodly Chappel The first of the chiefest buildings thereof was begun at the cost of Sir Thomas Lovell Knight then or before a fellow of that Society who erected that fair Gate-house into Chancery lane of brick and free stone whereupon is engraven the Arms of Lacy Earl of Lincoln together with his own The said Chancery lane is so called for that King Edward the third in the fifteenth year of his reign annexed the house of Covents by Patent to the Office of Chancery now called the Rolls Grays Inne Beareth Sables a Griffin Rampant Or. This house was sometimes the abiding Mansion of the Noble Family of Gray from whence the name of the house is deduced It is situate within the Mannor Poorpoole a Prebendary antiently belonging to the Cathedral Church of St. Paul London In the reign of King Edward the third the Gentlemen Students of that Society as is confidently affirmed took a Grant of this house from the said Baron Gray who lived in those dayes And it is held probable that the Grayes Armes have been anciently by this fellowship maintained and are still taken up and kept as the proper and peculiar Ensigne of that Colledge or house and thus the same is found portraited Barry of six Arg. Azure a bordure quarterly Or and of the second But now of late yeares this honorable Society have assumed for their proper Coat Armor or Ensign of honor A Griffin Or in a field Sables Thavies Inne Beareth Azure two Garbes Or on a bend Gules On a Chief Sable a letter T. Arg. Hereafter ensue the inferior Hostels ordained for Students that professe the practice of the Common Law of this Realm to the end they may the better obtain unto themselves the understanding of the Principles grounds of the same Laws and be thereby the better prepared for to manage the causes of the Subjects in the severall Courts of Justice within the Dominions whether at Westminster or elsewhere and also by their labour and Industry to become graduates and be the better enabled to be entred into the Innes of Court These inferior Courts being Nurseries and are entituled Inns of Chancery And first for this Thavies Inne It is probable that the house by all conjecture is the most ancient of all others of that nature and it doth in that regard challenge the precedency in this rank This house was in the raigne of King Edward the third as is by 〈◊〉 to be found the dwelling and mansion house of one John Thavye Citizen and Armourer of London and was by the then Apprentices of the Law held of him at a certain Rent annual as by a Record yet to be seen in the Husting Courts of London doth appeare and may be verified for antiquity But since that time the House hath been purchased by the Benchers or the Antients of Lincolns Inne which about the raign of King Henry the seventh to the end that there might be entertained in that place a Society of Students practisers and Professors of the Common Laws of this Realm And this house still retaineth the name of the said Thavies who was the first owner of it as is before mentioned Furnivals Inne Beareth Arg. a bend betwixt six Martlets within a bordure Azure This house was sometime the Mansion of Sir William Furnivall in the raign of King Richard the second as by Record appeareth He was afterwards Lord Furnival his heir general married to Sir John Talbot created Earl of Shrewsbury by King Henry the sixth by reason whereof this Mansion house came to the family of the 〈◊〉 Earls of Salop and afterwards of later years in the raign of Queen Elizabeth the same house was by the Benchers or the Ancients of Lincolns Inne purchased for the serting into the same a Society of Students of the Common Lawes from George Lord Talbot Earl of Salop as by sundry