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
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
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
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
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
deeds in the possession of the late right honorable Gilbert Earl of Shrewbury doth appear Bernards Inne Beareth party per pale indented Ermin and Sab. a Cheveron Gul. fretty This house was in the thirteenth year of the reign of King Henry the sixth a messuage belonging to one John Mackworth then Dean of the Cathedral Church of Lincoln and in that time in the holding of one Lyonel Bernard who next before the conversion thereof into an Inne of Chancery dwelt there And it hath ever since retained the name of Bernards Inne or Bernards house Staple Inne Port de vert un pacquet de doyne Arg. This House was sometimes belonging to the English Merchants of the Staple as it hath been by ancient Tradition held It is of late adorned with a convenient large Garden-plot to walk in and is at this day rightly esteemed for the most ample and beautifull Inne of Chancery within this Academy Clifford's Inne Reareth Checky Or Azure of fesse Gul. within a bordure of the third charged with a Bezanet This House albeit it followeth in an after rank from the former yet it is worthy to be reputed amongst the formest as being in reputation with the best both for conveniency and quiet situation thereof as for worth and good government It was also sometime the dwelling house of Maccoln de Hersey and came to the King for debts and was after sometimes the house of the Lord Clifford as by Inquisition which was taken that year and remaining on Record doth appeare which hath these words Isabella quae fuit Roberti Clifford 〈◊〉 cum pertinent quod Robertus habuit in parochia Sancti Dunstani West ' in suburb Londini c. tenuit illud demisit post mortem dicti Roberti 〈◊〉 de Bancho pro 〈◊〉 l. per annum c. ut pat per Inquisitionem cap. 18. Edwardi 3. post mortem dict Roberti Clifford This House at this day is the Inheritance of that antient and right honorable family of Cliffords Earls of Cumberland for which there is an annual Rent still rendered to the Earles of Cumberland for the time being Clements Inne Beareth Argent Anchor without a stock in pale proper entertaining a C. for Clement into the body thereof This House sometimes was a messuage belonging to the Parish Church of St. Clement Danes from whence it took its denomination neer to this house is that Fountain which is called Clements Well This Anchor is engraven in stone over the gate of the first entrance into the house and is an Hieroglyphick figuring thereby that Pope Clement as he was Pope was reputed Caput Ecclesiae Romanae for the Roman Priesthood or Anchorage of Christendome figured by the Anchor and by the text C. the Sacerdotal dignity Some hold that the device of the Anchor was rather invented upon this reason of the Martyrdome of Pope Clement as Jacobus de Voragia writeth that he received his Martyrdome being bound to a great Anchor and cast into the Sea by the command of the Emperor Trajane New Inne Beareth Vert a Flower-pot Arg. maintaining Jully flowers Gules This house is so called by reason of its then late or new Creation being in the reign of King Henry the seventh therefore the same is not of late a foundation as some imagine which is that the late dissolution of Strond Inne being by the Duke of Somerset Uncle to King Edward the sixth this house in lieu thereof was instituted for the dispersed Gentlemen Professors and Students of the Common Laws of this Realm It is certain that Sir Thomas Moor Knight Lord Chancellor of England in the reign of King Henry the seventh was a fellow student of this Society and in the reign of King Henry the eighth removed his study into that of Lincolns Inne This house was sometimes called by the name of our Ladies Inne for that the Picture of our Lady was pourtraicted at the doore thereof And in the reign of King Edward the fourth was 〈◊〉 by Sir John Fyncaullxe Knight Chief Justice of England or of the Kings Bench or 6. l. per annum wherein he placed Students and practisers of the Common Lawes who before that time had a house in the 〈◊〉 Bayly called St. Georges Inne the passage thereunto was over against St. Sepulchers Church and by some is reputed to be the first and most ancient of all other Innes of Chancery but the same house at this day is converted into severall Tenements and Garden plots Lyons Inne Beareth Checkie Or and Arg a Lyon Saliant Sab. langued and armed Gules This house received its foundation of modern time and lately before the acquiring thereof it was a dwelling house known by the name of the Black Lyon and in the reign of King Henry the seventh was purchased by divers Gentlemen Students and Professors of the common Lawes The first Treasurer of this Society was one John Bidwell The greatest number of this Society are the natives of the West parts viz Devonshire and Cornwall but for the most part Devonshire Gentlemen Chesters Inne or Strond Inne Beareth Azure within a bordure Gules three garbes Or in a bend of the second In the reign of King Henry the eighth this house for that Sir Bevis St. Marrour Knight Duke of Somerset kept there his Court was an Inne of Chancery called Strond Inne and before that time belonged to the Bishop of Chester after to the Bishop of Worcester and unto the Bishop of Landaffe with the Parochiall Church of St. Maries adjoyning thereunto All which were swallowed up in An Dom. 1549. for to build an ample and spacious Edifice to the use of the said Duke the maternall Uncle to King Edward the sixth The Six Clerkes Office otherwise called Riderminster's Inne Beareth Azure two Cheveronels Or between three Bezants Arg. charged with eight pellets This House though it be not saluted by the name of an Inne of Chancery as the others are which are of like name and nature yet is the same more properly to be called an Inne of Chancery then any of the rest for that the Chancery Officers do there reside namely Attourneys commonly called the Six Clerks of the Chancery and are to this day a society of Gentlemen well learned in the Laws These were at the first Sacerdotall and therefore called Clerks And in those days when the Institution of them was first established they were all of them Church-men This house was acquired and gotten for the society by one John Riderminster Esquire a member thereof who in his time was a very skilfull and well Learned man and both faithfull and just as well to his Client as to his friend It was antiently the Inne or the Mansion of the Abbot of Norton in Lincolnshire and since that time it hath been the dwelling-house of one Andrew Hersfleet and is most proper to be called an Inne of Chancery for the Officers of Chancery only reside there the House is situate in Chancery lane where the causes appertaining to
only but in Church preferments also and by this means is it that so much corruption and abuse is the daily leprosie both of the Civill and Ecclesiasticall State The Romans were so carefull of the preservation of Honor that they had a custom by which the children of noble Persons unprovided for should be maintained out of the common treasury which custom though all ages have most infinitely applauded our Nation hath so absolutely exploded that the Gentry are in all cases hindred as much as may be of all preferments that should give it them without burthen to the Common-wealth But it is to be hoped succeeding times will produce better manners Of the Esquire THe division of these Dignities of Honour was antiently but into twelve parts but the addition of Knight Baronet hath made them thirteen The six first only Noble as the Gentleman Esquire Knight Bacheler Knight Banneret Knight Baronet and Baron The other seven Princely and are allowed Crowns and Coronets as the Viscount Earl Marquesse Duke Prince King and Emperour Sir John Ferne placeth the Viscount in the first division but I think improperly in regard of his Coronet Of the lowest of these enough is said the next is the Esquire according to my intended method The Esquire or Escuyer is called in Latine Armiger but more antiently Scutiger from the office of bearing a Shield as an attendant upon a Knight and were militaris ordinis candidati in the field because they served not as Knights Bachelers nor Bachelers which was then a distinction The etymology of the word will something signifie as much being from Scutum in Latin and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek which is a Shield from the antient way of making it in leather Armiger nuncupatus est qui Domini sui 〈◊〉 bajulat ipsisque 〈◊〉 cingit saith Sir Henry Spelman in his Glossarium p. 50. Neither came this title in honorary amongst us till the reign of Richard the second though the Title as to office was much antienter amongst us yet the antientest mention of it is in Order Vitalis speaking of William Fitz-Osberne Earl of Hereford and Odo Earl of Kent in the time of the Conqueror Nam Armigeros suos immodicas praedas c. facientes Dr. Argentre President of the Parliament of Rhemes speaks thus of them Esquires are Qui scutums Ducibus aut Patronis praeferebant posteriùs et Strateres qui Dominos in equos tolleren equos regerent Is qui primus inter coeteros gradus Nobilitatis And Verstegen tells us the Teutonick word was Scyld-knapae which is a Shield-serviture but some have since gotten another distinction for the title which is that they are Gentlemen bearing Arms and Armories in testimony of Nobility or race from whence they are come Sir Edward Cook in his Exposition upon the Statute of 1 Hen. 3. chap. 5. of Additions saith that the word Esquire Armiger or Scutiger in legal understanding is derived ab armis quae clypeis gentilitiis honoris insignia gestant In which sense as a name of estate and degree it was used in divers Acts of Parliament before the making of that Statute and after also But by this the Honour of the title is lost and every Gentleman of Coat-Armor shall have as great a share in it as themselves which in truth hath not been since the dividing the Gentility into these two divisions when this title of Esquire was made a legall and appropriated addition Of these there are four sorts By Creation by Birth by Dignity and by Office Esquires by Creation are sometimes made by Patent as one Jo. de Kingston was by King Richard as I mentioned before being received into the state of a Gentleman and made an Esquire and sometimes by the giving of a collar of SS by the King as an ensigne of the title Eúmve saith Sir Henry Spelman argentatis calcaribus donaverit Which silver Spurs were given by the King as the Gold was to the Knight to difference the Honor from whence they are called White-spurs There is commonly given to him also an addition to his paternall Coat or a new Coat if he owned none before which is due to the descendents onely of his body not related to any of his line besides and the eldest son of that Coat-Armor is ever an Esquire Esquires by birth are the eldest sons of Knights and their eldest sons successively Sir John Ferne and Sir Henry Spelman call all Esquires that being the sons of Lords are not allowed the title of Lords but Sir Henry Spelman again Propriè natalitio jure Armigeri dicuntur Equitum auratorum filii primogeniti ex ipsis haeredes inperpetuum masculi Those by Office are such as bearing high Offices in the Commonwealth or Kings Palace have not the augmentation of Knighthood or Lordship Such are the Sergeants at Law Sheriffs Escheators the Sergeant of every Office in the Court But these are only the possessors of that dignity it dying with them And not only so but if he lose his Office that is a Gentleman by Office he lo seth his Gentility also And this ennobling by Office was also among the Saxons and hath so continued among them saith Mr. Lambert If a Churle so thrived that he had fully five Hides of Land of his own a Church and a Kitchen a Bell-house and a Gate a Seat a severall Office in the Kings Hall then was he the Theynes right worthy Amongst which sort of Esq those four of the Kings body are the principall which he saith are to be esteemed above the elder sons of Knights And indeed in all processions of State they go before the Master of the Jewell-house all Judges or Sergeants at the Law Of Knighthood in generall and of the Knight Bacheler OF the distinctions by Knighthood there are many in other parts of the World but in England only these Knights Batchelers Knights of the Bath Knights Bannerets and Knights Baronets and Knights of the Garter The word Knight as Mr. Selden saith coming from the Saxon 〈◊〉 which signified puer or servus as Dienaknecht is yet among the Dutch for a man-servant So Tenants by Knights service were called Milites or Chivalers because their service was military Knights saith Mr. Cambden who of our English Lawyers are termed also in Latin Milites and in all Nations almost besides took their name of Horses The Italians call them Cavalari the French Chevaliers the Germans Kutters and our Britans in Wales Margagh all of Riding Englishmen only term them Knights by a word that in old English-language as also of the German signifieth indifferently a Servitour or Minister and a lusty young man Hereupon it cometh that in the old written Gospels translated into the Saxon we read for Christs disciples Christs leorning knights And elsewhere for Client or Vassal 〈◊〉 And Bracton our ancient civill Lawyer maketh mention of Rad Cnyhts that is
Serving-men who had their Lands with this condition that they should serve their Lords on Horseback and so by cuting off a piece of the name as our delight is to speak short this name of Knight remained with us But whence it came that our Country-men should in penning the Laws and all Writings since the Norman Conquest 's time term those Knights in Latin Milites that is Souldiers was transferred unto those that conversing near about the Princes person bare any of the great Offices in the Prince's Court or Train But with us I conceive those were first so called who held any Lands or Inheritances in Fee by this Tenure To serve in the War for those Lands were tearmed Knights Fees and those that elsewhere they named Feuditary that is Tenants in Fee were hete called Milites that is Knights as for example Milites Regis Milites Archiepiscopi Cantuar. Milites Comitis Rogerii Comitis Hugonis c. for that they received those Lands or Mannors of them with this condition to serve them in the Wars and to yield them fealty and homage whereas others who served for pay were simply called Solidarii from whence the word Soldier and Servientes This Title comming to be a reward or degree of Honor is thought to be in imitation of the Equestris Order in Rome to which men were onely advanced for extraordinary virtue and notable merit who onely were admitted to beautifie the Caparizons of their Horses their Armor with Gold from whence they were called Equites aurati In which time all sorts of men were distinguished in their degrees by some garb or habit as some by their clothes some by cutting their hair c. The Roman Knights also were allowed to wear a Chain of Gold and therefore called Torquati from Manlius Torquatus who wore the first obtained by him in a victory in France which is by us yet imitated in the collar of S S. by which it is easily collected that the true institution of it was a reward of Honor and Valour not Sloath and Riches And therefore all men thus ennobled ought either to be deserving by action before or by endeavour and good service after and to be else esteemed unlawfull possessors of that Honor at what rate soever purchased The first account of Ceremonies that we have at the creating a Knight is in the example of King Alfred Knighting his grandson Athelstan and after the continuance of them it seems grew more precise and customary by Feasts giving of Robes Arms Spurs and sometimes Horse and Arms untill our later times produced the new yet usuall Ceremony of a stroak over the shoulder with a Sword with these words Sois Chivaler au nom de Dieu by the King or some by his Commission though the Spur hath lately been observed also Another manner of Creation there hath been also among the Saxons before the Conquest which was by sacred Ceremonies shew'd by one Ingulphus that lived in the time of the Conquest by a solemn Confession a Vigil in the Church receiving of the Sacrament after an offering of the Sword on the Altar and redemption of it then the Bishop Abbot or Priest putting it on him made him a Knight with many prayers called Benedictiones Ensis To this Order or degree of Honor an Infant may be admitted though he be a Ward and then till a late Act of Parliament ordained otherwise his Wardship was free both of person and estate but now their lands are not And there were feudall Laws for and at the making the eldest son of a Lord a Knight as there was also for the marrying of the eldest daughter as in the Charter of King John which was mony raised on the Tenant But any man in the order of Priesthood is debarred the Honor of Knighthood of the Sword Cùm eorum militia sit 〈◊〉 mundum carnem diabolum So Sir John Fern. Though I find that antiently they have been allowed it but not without first laying aside their Spirituall Cures and applying themselves to a Secular life So Matthew Paris Dei natalis Johannem de Gatesden Clericum multis ditatum 〈◊〉 sed omnibus ante expectatum resignatis quia sic oportuit Baltheo cinxit militari And then the persons that gave this Honor were sometimes subjects without any superior authority granted to them as well as Soveraignes though long since it hath been an appropriated priviledge of the Crown Landfrank Archbishop of Canterbury made William the second a Knight in his Fathers life-time But the name of Bacheler added to it seems not to have been till the 33 of 〈◊〉 the third Sir John Fern also tells of Ensignes that anciently were marks of Knighthood as a Ring on the thumb a Chain of Gold and gilt Spurrs All which tokens of his Honor he was as carefully to preserve as a Captain his Banner which according to the rules of Arms then if he once lost basely in the field he was 〈◊〉 of flying any more again till he had regained the same or another from the Enemy To which end it was carefully to be provided that such men as were endowed with this Honor should have these Accomplishments He ought to be faithfull and religious just in his engagements valiant in his enterprises obedient to his Superiors expert in Military affairs watchfull and temperate charitable to the poor free from debauchery not a boaster with his tongue ready to help and defend Ladies especially Widows and Orphans and he ought to be ever in a readinesse with Horse and Arms and to attend the command of his Soveraign in all Wars both Civill and Forrain the neglect where of is a crime as great as to fight against him and merits at the least a shamefull degrading And formerly when the King hath been to make a Knight he sate gloriously in his State arrayed in cloth of Gold of the most precious and costly bodkin-work and crowned with his Crown of Gold and to every Knight he allowed or gave a hundred shillings for his Harnessements c. And Knights in this manner dubbed made this esteem thereof that in it consisted the guerdon of their Virtue and Valour the praise of their House and Family the memoriall of their Stock and Linage and lastly the glory of their Name There are many priviledges belonging to that Dignity and Mr. Selden speaks of a Law that a man was to be punished with the losse of a hand that should strike a Knight yet he sayes he remembers no example of the practise of it which I think is the greater honor to the Dignity as being a shame that any such Law should be the guard of a man so honored with Arms and appropriated to the Sword Against a Knight in the War runneth no prescription The Office of a Coroner in former times being honorable none were capable of it but a Knight By antient Custom none were admitted to the House of
Parliament but who were Milites gladiis accincti Many other priviledges there were appropriated to them according to the rules of Honor and custom of the Nation as well as requisites in them which more at large may be understood in Sir Will. Segar's Honor Military and Civill Where is to be found the severity in degrading them When if any Knight at any time had been corrupted with mony by his Prince's Enemy or committed any other notable fact against Loyalty and Honor he was apprehended and caused to be armed from head to foot and on a high Scaffold in the Church he was placed and after the Priests had sung some funerall Psalm as though he had been dead first they took off his Helmet to shew his face and so by degrees his whole Armor and then the Heralds crying out This is a disloyall Miscreant with many other ignoble Ceremonies he was thrown down the Stage with a rope This he mentions to have been about the time of King Arthur We have many examples of latter times also of degrading Knights for dishonorably absenting from the service of the King and other treasons with which seising on all that he had except one Horse ne qui dignitate factus est Eques cogatur pedes incedere for in all Countries the Title is related to a Horse from serving on Horseback and also by the cutting off their Spurrs from their heels taking away his Sword reversing his Coat-Arms and the like as in the degrading of Sir Ralph Gray See more at large Sir William Segar Mr. Selden and Sir John Fern. The Creation Robe of a Knight of y e Garter IT is ever to be observed that when the word Knight is found without any addition of distinction it is meant by the Knight Batcheler Of the Order of the Bath the first that are taken notice of is in 〈◊〉 who gives an account of 46 made by Henry the Fourth But Mr. Selden is of an opinion they were long before Mr. Upton in a Manuscript which Mr. Bish a Gentleman much deserving of Honor from our English Gentry hath since very 〈◊〉 illustrated and published takes notice of this Order in these words Creantur 〈◊〉 〈◊〉 modis c. Creantur in alio modo Milites per Balneum qui modus multùm observatur in Anglia in 〈◊〉 Regnis He lived in the time of Henry the sixth The Honor is invested with a great deal of noble Ceremony as is seen by the example of Henry the seventh when he sent Writs to divers Lords and Gentlemen to come up to the making Henry his second son Knight of the Bath Ad ordinem Militia 〈◊〉 〈◊〉 suscipiendum juxta antiquam consuetudinem in creatione usitatam When one is to be made a Knight of the Bath he comming up to the Court is very nobly received by the Officers and Nobles of the Court where he hath two Esquires appointed to wait on him who convey him to a Chamber where is to be Musick before he commeth to the Tubbs then they uncloath him and put him naked into the Bath where if there be any other Knights of the Order in the Court they come in their Order and salute him and after discourse concerning the Order they sprinkle some of the water on his shoulder and so depart Then the Esquires convey him to a bed where he is dryed and then he putting on his clothes they put over them a long gray coat like a Hermit's weed with long sleeves and a hood then the Knights return to him again and lead him to the Chappel where he receives a cup of spiced Wine and with that salutes the Knights who after leave him there onely with his Esquires and Priest where he performs a Vigill till almost day with Prayers and Offerings After this and some repose in his Chamber the next morning where are Robes provided for him the Knights wait on him again and do service to him in his making ready one giving him his doublet another his breeches another combes his head c. Then with Musick he is brought to the Hall in the Court on Horsback accompanied with those Knights and Esquires where the Marshall meets him Then the King comming to the Hall commands a Lord to put on his right Spur and making a crosse upon his knee rises up and kisses him and so another the left Then the King puts the Sword about him himself and smiting him on the shoulder says Be a good Knight and kisses him Then with the Musick he is conducted again to the Chappel where he goes to the Altar and performs some Ceremonies maketh protestation for the performance of the Orders of Knighthood Then the King's Cook comes to him with a knife in his hand to demand his fee and tells him That if he do any thing against the Orders of Chivalry he will cut his 〈◊〉 off from his heels Then he is habited in a blew Gown with Maunches open like a Priest and so led again to the Hall The particular manner is more at large set down by Sir William Segar in his Honor Military and Civill and Cambden's Britannia They are distinguished ordinarily by the wearing of a red Ribbon cross the left shoulder as Knights of the Garter by the blew And have this priviledge above all Knights their sons are free from Wardship as in the example of the Heir of Sir Thomas Wise of Essex which was a Cause in Chancery and the Heir Victor Of Bannerets THis was antiently an Order in France and excert that in England they are not created by Parent not the Title Hereditary the same The creation is almost the same with theirs by the solemn delivery of a Banner charged with the Arms of him that is to be created and cutting or tearing off the end of a Pennon or Streamers to make it square into the shape of a Banner are called by some Equites vexillarii Sir William Segar relates the Ceremony thus He is led between two other Knights into the presence of the King or Generall with his Pennon of Arms in his hand and there the Heralds declare his merit for which he deserves to be made a Knight Banneret and thenceforth to display a Banner in the field Then the King or Generall causes the point of his Pennon to be rent off and the new made Knight returns to his Tent the Trumpets sounding before him A Banneret thus made may bear his Banner display'd if he be a Captain and set his Arms thereon as other Degrees above him And although the Knight Baronet be an honor given by Patent and made hereditary yet by Decree of King fames it is established that all such Bannerets as shall be made by the Kings Majesty his heirs and successors under their Standard display'd in an Army Royall in open War the King personally present for the tearm of the lives of such Bannerets shall for ever take place and precedency as well
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
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
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
they had no Vote which sate on Woolsacks that as the Clergy in Spiritualties so the Judges of the Law in things of the Law were to advise and determine when any difficulty did arise That what Laws should be Enacted might be answerable to the Will of God and not repugnable to the Customs of the Land And in our latter times all Acts of Parliament though made by the King have this style By the consent of Lords and Commons notwithstanding the Civill Law saith Quod Principi placuit Legis habet vigorem The will of the King is the power of the Law The End of Honor. The Analysis of Armory I Have with as much brevity as so copious a Theam would admit run through all the distinctions of Honor. In the next place I shall with as great a contraction lay down the emblems of those distinctions and atchievements due to Nobility and the reward of virtue in the methodicall rules of Armory Bearing of Arms at this time being the only externall distinction of degrees and qualities amongst all civill Societies and Common-wealths From whence we received this custom is uncertain if especially we look to the producing of it into rule and form As it is from imitation Sir John Fern is of opinion that we did borrow it from the Egyptians meaning from their Hieroglyphicks Others will have that the first institution of these honorable differences was amongst the Israelites but however it is not much material to this discourse to be too inquisitive of the originall in that kind since succession of time hath converted it into another custom which may be for ought I know in imitation of the Romans who were accustomed upon triumphs or festivalls to produce the Statues of their Ancestors as the pedigree of their Generous race Which Statues were not as some may imagine erected from the voluntary phansie of the parties represented as is the leaving our Pictures behind us when we dye to our progeny so might every phlegmatick mechanick do but they were such as were for some Heroick act allowed as a publick reward of virtue which was customary amongst them And truly although every good Subject ought to be alwayes prepared alike to offer his body and mind unto the service of the Common-wealth without hope or expectation of mercenary reward honor or glory yet is honor a necessary perquisite to a Crown and Common-wealth being in it self a true spur to generosity Out of which respect the Romans joyned the two Temples of Honor and Virtue in such a manner that no man could enter into that of Honor without first passing through the other of Virtue Sir John Ferns opinion is that the first that imployed these Ensignes in this nature was Alexander the Great so to distinguish those that had done any memorable Acts that they might urge an emulation in their fellow Souldiers It is said of Epaminondas and Othraydes that being ready to dye they wrote their glorious exployts upon their shields themselves to give 〈◊〉 to others to follow their 〈◊〉 when they were dead 〈◊〉 believes that Charls the Great was the first that put them into this methodicall order which doubtlesse could not be if as Sir John Fern saith also that Julius Caesar constituted an office of Feciales But I find it in another Author to be instituted by Numa when he made warre upon the Fidenates a people of Latium However it is a generall opinion amongst our most judicious Heralds that the bearing of Arms as a badge of honor amongst us was not till about the time of Henry the third although many coats have been 〈◊〉 in some Writers of much longer standing as that of Hugh Lupus Earl of Chester in the time of the Conqueror a Woolfs head errased of Gilbert de Gaunt Earl of Kime long before Barry of 6. Or Az. over all a bend Gule Which are 〈◊〉 of by Sir John Fern But how authentick his Authority might have been to him to cause his insertion or his to others I know not but I shall be bold to insert one which may chance carry some weight with it which I shall raise from a Noble Family in the North the family of the Hiltons whose antiquity not only by an ancient pedegree which I have seen taken out of the Office but by the Records of the Tower doth produce the noblest descent that I know any Family in England the pedegree is too large to be inserted in this place else I would do it however shall extract some notes from it that may signifie as much The first that I find recorded of the Family was Sir William Hilton Knight who marrying the daughter of Sir John Grisly Knight a Family long since I think extinct had issue Adam Hilton Which Adam living in the time of King Athelstan gave to the Monastery of Hartlepool a Pix or Crucifix which was in weight twenty five ounces of Silver and caused his Armes to be engraven on it Arg. two barres Azure which are yet seen upon the Gate of Hilton Castle in the Bishopr of Dur. where they lived with a Moses head for Creast the Gate and the Chappel which is very stately for its structure and bignesse are the only parts remaining of the ancient building He gave unto the same Monastery a Cope Vestment with the Stole and the like gift unto the two Monasteries of Whitby and Gisbrough with fifty seven ounces of silver to make Censors They were five descents before the Conquest and hath now the nine and twentieth descent surviving In which line were twenty four Knights eighteen whereof were in a continued succession But I leave this nicety to more criticall judgments to determine the thing having for authority custom sufficient to make it a law within it self without the derivation of any originall institution Former ages having esteemed the Laws of Heraldry with as great a veneration as any in the Nation as indeed it ought still to be and more especially in these and all such times as ours the Court of Heraldry being not onely the Law-giver to Honor but the best record of Families and Inheritances though the Gentry of this Land are too dull to know it since Coat-Armor hath been hereditary as it hath ever since the time of Lewis Le-grosse according to the account of Sir John Fern and Guillim As by one instance I shall declare If a man being an Orphan and by such times as ours have been the Records of what Estate did rightly belong to him and from his Ancestors may be burnt plundered or otherwise embeselled and by such spirits as such times do plentifully afford have been obtruded from his right and hath nothing to plead for it this Office being the just Record of his Pedigree would produce an Evidence sufficient though from many generations his misfortunes have descended More particularly of the Office in another place As for the progresse of Armory I have pitcht upon the most methodicall course I could disposing it into
presently left it off and so the Order fell Knights of St. Michael JN the stead of the Knighthood of the Star the same King Charles erected the order of of St. Michael as some suppose but more truly Lewis the eleventh at Amboys an 1469. upon the occasion of a Vision as their Historians relate of the Archangel's appearance on Orleans Bridge as their Tutelar against the English At which time the famous Amazon Joan of France lived who did many Heroick exployts leading an Army her self in the field against the English For which the English after having vanquisht her much to our disparagement I think in revenge caused her to be burnt for a Witch in the Market-place of Orleans in which place is since a Conduit erected to her memory This order of Monsieur St. Michael Archangel is of thirty six Knights and a Soveraign which is the King The Cognisance of the Order is a Collar of gold made of cockle-shels and knots with the Image of St. Michael pendant at it which Collar ought to weigh two hundred Crowns in gold and not above nor under For the wearing of this Collar there was a very strict article as that Every man that did not wear it every day was to cause a masse to be said and to pay seaven shillings six pence Turnoys of forfeiture except in Arms and then they were permitted to wear only the Image of the Angel on a chain or ribbon the Motto of the order is Immensi tremor Oceani To this order is established a Herald called Mon. St. Michael a Treasurer a Chancellor and a Register Their habit according to the constitution of Henry the second of France was his doublet hose shooes scabbard hat-band and feather all white a Surcoat with sleeves of cloth of silver over it a Mantle of the same turned up over the left shoulder and tyed over the right embroydered with a bordure like the Collar Over his shoulder lay a hood of cloth of silver spreading over his back the tippet hanging down before and over all the Collar Knights of the Holy Ghost or St. Esprit TO this order of St. Michael did Henry the third in honor of Whit-Sunday on which day he was chosen King of Poland institute the order of Chivaleir du benoist sante Esprit Joyning both this and the other into one an 1578. as they continue to this day In this discourse of this order by Monsieur Favin is set down the Oathes Ceremonies Pensions Accompts and all the duties all which should I insert would be too 〈◊〉 for my intention The manner of their procession to Court and many other particulars is set down concerning them in Sir William Segar Their robe is like that of St. Michael only of black Velvet embroydered all about with gold and silver of Flowers-de-lysse and knots of gold between sundry cyphers of silver and flames of gold seamed garnished also with a Mantle of green cloth of silver wrought over with the same manner of embroydery with the Mantle both lined with Orange coloured Sattin The great Mantle they wear turned up over the left shoulder and open on the right their hose and doublet white and black bonnets with white plumes the Collar over all wrought in the same manner as the embroydery They have a crosse hanging at it with a Dove in the Center of it as in another place shall be described Of the Order of the Gennet THis by the Annals of France is reckoned the first Order that ever was instituted in that Country But I have not given it the first place because it is now extinguished and its essence only remaining in the Chronologie of Fame It was ordained by Charles called the Tyrant before his usurpation called Charles Martell Seneschall or High Steward of France Who in a battel against the Moores gaining a Victory had amongst many other spoyls a great number of Genets skins and some of the beasts In memory of which victory he instituted this Order about the year of our Lord 726. The number was 16. to whom he gave Collars of gold made of a triple chain enterwoven with enameld red Roses at the end whereof hung a Gennet of gold enamelled black and red upon a Terrasse or bank of flowers fairly enamel'd This continued till King Robert and then the Star of the Sea eclipsed it These Knights saith Aubertus Meraeus had other Ensignes appropriated also as a Ring after the manner of the Romans and certain habits for the body About which time or not long after Charlemain created another Order called of the Crown Royall but that was not so much in esteem being only for a reward of service in Friezland the Governour of the Country having the power of creating the Knights Knights of the Broomeflower And also of the Ship LEwis the ninth in his time instituted two Orders of Knighthood one called of the Broomeflower in the Cod and the other of the Ship called also of the Crescent or half Moon The first he instituted at his Coronation and it continued till the end of the reign of Charls the fifth and extinguished with his life The collar of the Order was composed of Cods of Broomeflowers intermixed with Lozanges enamelled with flowers-de-lysse and at it hung a Crosse formy flory with this Motto Exaltat humiles The other of the Ship he erected upon the occasion of the second voyage into Egypt to encourage the Nobility that went with him The collar of the Order was enterlaced with double Scallops and double Crescents interwoven with a meddal hanging at it with a Ship enamelled under sayl This King Lewis returning from his voyage against the Turks an 1554 brought home with him a Troop of Knights called of St. Lazarus to whom he gave large possessions But afterwards this Order fell again and their revenues were given to the Knights of Malta untill the time of Henry the fourth who instituted that of Mount-Carmel and revived that of St. Lazarus There are many other ancient Knighthoods recorded in France but as they were of lesse esteem so are they also out of date and I shall only name them most of which were more private Orders and had subjects for their Soveraigns There was of the Porcupine Of the Thistle of Bourbon of the Croissant of Anjou of the Ermin of Britagne Of which examin Monsieur Favin his Theatre of Honor. There was also an order of the Dog and Cock appropriated to the family of Monmorency and another of de la dame blanke al' escue verd or the order of the Fair Lady of the green Field instituted by Jean de Boucicaut Marshal of France under Charles the sixth who were sworn unto divers Articles as that they should assist all Ladies and Gentlewomen wronged in their honors or fortunes answer challenges of Armes supply one anothers necessary absence that if any Lady or Gentlewoman required aid of any of them and after any Knight or Esquire should
by double descent and of Christian parents to wear a green Crosse in the manner of a Crosse Pattee fimbriated as Sir William Segar describes but Aubertus Maereus otherwise as is exemplified hereafter Of the Knights of the Bear called also of St. Gall. IN the year 1213. the Emperour Frederick the second going in Pilgrimage to the Abbey of St. Gall gave great priviledges in acknowledgment of their assistance in pulling down the Emperor 〈◊〉 and establishing him Whereupon also he established an Order of Knighthood called of the Bear which Knights were yearely to meet at the Abbey of St. Gall on the 16. of October where all new Knights were to receive the order from the Abbot This Order he called of the Bear in honor of St. Ursus that was martyred at Soleure Unto this Order he gave a collar and 〈◊〉 of gold at which hung a figure of a Bear enamelled Sable Of the Order of the Elephant IN Denmark is a Military order called of the Elephant and also of the blessed Virgin Mary who have for their Collar a chain of gold interwoven with Elephants and Spurs and at it hangeth a meddal of the Virgin Mary encompassed about with Rayes of the Sun at the neather part whereof hangeth another circle enclosing three nayles which 〈◊〉 term Symbola omnia Christianae 〈◊〉 Who was the Founder is left 〈◊〉 the Elephants are figured with Castles on theis backs which some doe suppose to be the 〈◊〉 or designment of Christernus 4. Of the Order of Mantua JN Mantua some Fryers doe report to be some of the bloud of our Saviour kept with a piece of the Spunge in which he received the Vinegar and Gall. Which Reliques they say doe daily work extraordinary miracles In honor of which bloud Vincentio de Gonzaga fourth Duke of Mantua did institute an Order of Knighthood calling them Knights of the bloud of our Saviour Jesus Christ making himself the Great Master of the Order which was confirmed by Pope Paul the fifth The originall of it was about the year 1608. when he created fifteen Knights giving them collars composed of Ovals of Gold some the length one way others another in one of which were these words Domine probâsti and in the other flames of fire flashing about a crucible or melting-pot full of sticks of Gold and at the same hangeth before another large Oval wherein are designed two Angels standing upright holding a Chalice and pix crowned on the table of it are seen enamelled 〈◊〉 drops of blood And about this Oval is this Inscription Nihil I sto triste recepto Knights of St. Stephano THis Order was erected in the year 1561. by Cosmo Duke of Florence ordaining amongst them such articles almost as those of the Order of Malta their residence is Pisa where the said Duke erected a Church to the honor of the Order and is himselfe the Great Master Other Orders of Knighthood there are and have been in the Holy Land and other parts As of St Thomas Apostle St. Katherine of Mount Sinai Of the white Eagle in Polonia Of the Swan in Cleveland The Brethren Sword-bearers in Livonia Of St. Blase in Armenia Of St. John of Acres and of St. Gerian which was instituted by Frederick 〈◊〉 to which order none were admitted but Germaine Gentlemen But these are all or most of them out of date and not so considerable as to trouble an ingenious brain with in this place Favin and others have discoursed enough of them to which if the reader be desirous of further knowledge I refer him There is also another Order called of the white Dragon in Germany erected by the Emperour Sigismond upon a resolution of extirpating heresie and schism throughout all his Dominions who had for their Ensign a white Dragon and in Swethen another which is called of the Seraphins who had at their institution appointed them collars of Seraphins heads intermixed with Crosses And now if I have not been too tedious in this discourse of Knighthood I have I hope said enough and conclude with the description of the severall forms of their Crosses before mentioned The first is of St. Esprit the second of St. Michael the third of Calatrava the fourth of St. John of Jerusalem the fifth of St. Lazarus the sixth of the Teutonicks the seventh of St. Andrew the eighth of the Sepulchre the ninth of Christus d' Avis And so I take leave of Knighthood and in the next place only cursorily run through the antiquity of Heralds and the Inns of Court and Chancery with their foundations for which last though not very pertinent to my businesse yet I may expect an excuse since it hath nor yet been any way done The End of Knighthood OF HERALDS THe word Herald saith Verstegan is derived from the Saxon 〈◊〉 and by abbreviation 〈◊〉 and Herald which in that language signifies the Champian of an Army and growing to be a name of Office it was given to him that in the Army had the 〈◊〉 charge of challenging to battail or combat Sir Henry Spelman cals him Nuncius sacer and speaking of the signification of the word says quidam enim Herault 〈◊〉 some doe write Herault that is Dominus celsus an eminent Lord some Herold which is an old Lord and some Heral hoc est says he ministrum 〈◊〉 an Officer of an Army which last he supposes the most proper These are Officers of great antiquity saith Dune mensis who writes that they are as ancien as Kings and were tearmed of the Romans 〈◊〉 Caduceatores And doubtlesse thee ection of our Heralds was in imitation of them though their authority be not so great with us as it seems theirs was whose Office was established by Numa Pompilius and a colledge or hostell erected of twenty wise and reverend men per quos fiebat ut Justum indiceretur Bellum ut Foedere fides pacis constitueretur ordering that it was and should be unlawfull to take armes against an enemy without their consent and appointment Which Fecialians when the popular Estate was changed into a Monarchy again wore the Coats of Arms of Purple and Scarlet fringed with gold and an Eagle of the same embroydered thereon and the Emperors name then reigning and they had one Principall which was called by the people Pater patratus whom they ever reverenced as sacred and it was a rule or law among them that Fecialium sacra violare nefas erat Since when as the Office now is they have been esteemed as Embassadors and sometimes have been made so however are the Messengers of Princes and great Monarchs and what ever their message have been priviledged in the same degree with Embassadors and not only in our parts but all over the world have been in being though not as now in regular Office ever since there have been Kings In every City of Greece as saith Ulpian the Interpreter of Demosthenes they were called Ceryces and had in