â— Erasmus is now maried to Mary daughter of Hugh Hare Baron of Coleâ—â—â— in Ireland 〈◊〉 the Lady Lucy Mountague daughter of Hen Earle oâ—â—â—â—chester L d 〈◊〉 Coll Robert Werden of Chester Comptroler to his Royall Highness Iames Duke of York and first Leiutenant and Major of his Guards first maried to Iane daughter of Edw Barnham of Cock hall in Kent Esq r and now to Margaret daughter and heyre of Will Towse of Bassingburn hall in Essex Esq. Humphrey Weld of Lulworth Castle in Dorsetshire Esq r Governor of his Ma â—ys Isle and Castles of Portland and Sandes foot lineally desended from Edricke Sylvaticus alias Wildâ— a Saxon of great renowne in the reignes of K. Herold and Will the Conquerorâ—whose father Alfrick was brother to Edricke of Stratton Duke of Merciaâ— wch sd. Humprey is now Maried to Clara daughter of the Rt. honble Thâ—â— Ld. Arundel of Warden Court of the Empire Colâ— Thomas Sackevile of Selscombe in Sussex a Person of great Loyalty being one that served his late maty in all his expeditions and was one of the Captaines of his life guards in the begining of the late warrs He is now maried to Margaret daughter of 〈◊〉 Henry Compton of Brambletye in Sussex K â— of the Bath and Uncle to the late Earle of Northampton Phillip Doughty of Eashere in the County of Surrey Esq descended from an English Saxon family of ye. Dohags who were here Sealed before the Conguest Skynner Byde Esqr. eldest sonn of Sr. Thomas Byde of Ware Park in the County of Hertford Knight now maried to Anne daughter of Tho Austen of Hoxton in Middlesex Esqr. Captaine Iohn Huitson of Clâ—asbey in the County of York one of the Captaines of the Couldstrem Regiment of foot guards to his maty King Charles the second now maried to Martha daughter of Sr. William-Cooper of Ratling Court in Kent Baronet Thomas Tomlins of St. Leonards Bromley in Midd. sx Esq r first maried to Ann daughter of Captaine Will Goodladd of Lee in Essex 2dly to Eliz daughter of Ric Swinglehurst of London Merchant 3dly to Eliz daughter of Reynolds of East Grenwich in Kent Esq r now to Susanna daughter of Geo Cranmer of Canterbury in Kent afore sd Merchant Nicholas Barbon of London M.D. one of the Colledge of Phisitians of the S â— Citty now maried to Margaret daughter of Iohn Hayes of Hadley in Midd sx Esqr. Beaumont Dixie of Bosworth in the County of Leicester Esqsr. sonn and heyre of Sr. Wolstan Dixie of Bosworth aforesaid Bart. now maried to Mary sister and heyre to Sr. William Willoughby of Willoughby in Nottinghamshire Bart. deceased Richard Winwood of Ditton Park and Quainton in the County of Bucks Esqsrâ— sonn and heyre of the Rt. honble Sr. Ralph Winwood Knightâ— Embassador Ledger to â—he States of the united Provinces and principall secretary of state to King Iames. Edward Peck of Samford Hall in the County of Essex sergeant 〈◊〉 Law to his maty King Charles the 2â— sonn and heyre of Will Peck of Metâ—â—â—â—old in the County of Norfolk Esqsr. and intermâ—ried w â— Graâ—e one of the daugâ—â—â—ers â—â—d CoheyrÌ„s of Will Green of East Barnet in Hartfordshire Esqs â— William Peck of Samford hall in the County of Essex Esqs â— sonn and â—eyre of Edw. Peck sergeant at Law and is now maried to Gartrude sole daughter and heyre of Sr. Willâ— Grâ—en of Mitcham in the County of Surry Bart. Iustinian Pagit of Grais Inn in Com Middz Esqss. Cristos Brâ—ium et Recordorum Banco Regis Ioseph Micklethwaite of Swyne in Holderness in the County of York ' Esqs s William Mountagu Esqss. son heyre to the honble William Mountagu Lord cheife Baron of his matys Court of Exchequer maried to Ann Sole daughâ—â—â—â— heyre of Ric Evelyn of Woodcot in the County of Surreyâ— Esqss. Thomas Robinson of the Inner Temple Londoâ— Esqss. cheife Prothonotary of his matys Court of Comon Pleas. Francis Diue of Bromham in the County of Bedford Esq son heirè of Sr Lewis Diue of the said place Kt. now maried to Theophila Daughter of the Right Reverend Father in God Iohn Hackett late Lord Bishop of Litchfeild and Couentry Owen Feltham of Greys Inn in ye. County of Middlesex Esq r now maried to Mary one of ye. Daughters Coheires of Alexander Portree of Barnstaâ—le in Devonshire Esqâ— Francis Wythens of Eltham in the County of Kent Esq one of ye. society of the Middle Temple London Iames Hoare of Edmonton in the County of Middlesex Esq and one of the society of ye. Middle Temple London Thomas Foley of Kidderminster in Worcestersh Esq eldest son of Thomas Foley of Witley Court in Worcestersh Esq now maried to Elizabeth Daughter of Edward Ash of Halsted in the County of Kent Esq. Paul Foley of Stoakâ— Court in the County of Hereford Esq. second sonn of Tho Foley of Witley Court in Worcester shire now maried to Mary daughter of Iohn Lane of ye. Citty of London Esq. Phillip Foley of Prestwood in the County of Stafford Esq third son of Tho Foley of Witley Court in Worcestershire Esq now maried to Penelope daughter of the Rt. honble Wm. Ld. Pagett Baron of Beaâ—desert Tollemach Duke of Lincolns Inn in Middlesex Esq Exigenter for London ct. in the Court of Common pleas sonn heyre of Dr. Edward Duke of HoningtoÌ„ in Suffolk by Eliz his wife onely daughter of Robert 2d son of Sr. Lionel Tollemach of Bently Helmingham in the Sd. County â—ar â— linealy descended in a direct male line from ye. antient family of the Dukes of Brampton Shadingfeild in the Sd. Counâ—y of late Barts Thomaâ— Walker of yâ— Inner Temple London Esqs s som time Comptroller of yâ— S â— society son of Thomas Walker of Warwicâ—shire Esqss. who is descended from an antient family of that name in Leicestershire wch Sd. Tho the bearer hereof is now maried to Elizabeth daughter Coheyâ—e of Hoo Games of Newton in Brecknockshir Esqs â— of wch Sd. familys see more in the body of thâ— Book Sâ—ction chapter Iohn Bennet of â—bington in the County of Cambridge Esqss. Iohn Lewkenor of West Deane in Sussex Esqs s son and heyre of Sr. Iohn Lewkenor Kt. of yâ— Bath deceased by Ann daughter and Coheyre of George Myn of Myn in Shropshir Esqs s decended from the antient family of the Lewkeâ—ors Thomas Coxe M.D. Physitian in ordinary to his maty King Charles the 2d. William Thompson of the Middle Temple London Esq noâ— maried to Mary Sole daughter of Iohn Stephens of Broadway in Worcestershire Gent. William Atwood of Bromfeild in Essex and Grais Inn in Middlesex Esq son and heyre of Iohn Atwood Esq desceased by Elizabeth daughter and Coheyre of Patrick Young Esq son of Sr. Peter Young K â— Abnoner and privy Councellor of Scotland to King Iames. Thomaâ— Plott Esq secretary to his Highness the Great Duke of Tuscany descended of the family of the Plotts of Sparsholt in Berkshire Iohn Warner of
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
Honourable and Peers of the Realm as they are Barons without any other distinction The Etymology of the Name of Baron MAny Writers have laboured to place the Etymology and signification of this word wherein following too much their own Fantasies they have bred much variation of Opinion As for Etymology of words I agree with him that saith it is Levis fallax Effigies Illustrissimi DniÌ„ Caecilij Calvert Baronis BALTEMORE de Baltemore in Regno Hibernice Absoluti DniÌ„ et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etc a. Abra Blotling sculp The Right Honourable George Lord Nevill Baron of Abergâ—venny in Monmouthshire â—â— The Right Honourable Iames Lord Touâ—hett Baron Audley of Hâ—leigh in England and Earle of Castle haâ—en in Ireland c a. The Right Honourable Charles Lord Weâ—â— Baron De la Ware in Hantshire The Right Honourable George Lord Berkley of Berkley c a. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour c a The Right Honourable Thomas Lord Parker Baron Morley and Monteaglâ— in Lancashire The Right honourable Conyers Lord D'Arcy Baron D'Arcy and Menil in Yorkshire The Right Honourable Benjamin Lord Mildmay Baron Fitzwater The Right Honourable William Lord Sturton Baron Sturton of Sturton in Wiltshire The Right Honourable Henry Lord Sandis Baron Sandis of the Vine in Hantshire The Right Honourable Thomasâ— Lord Windsor Lord Leivetenant of Worcestersh and one of the Lords of his Ma â—â—s most honble Privy Councel for the Kingdome of Ireland The Right Honourable Thomas Lord Cromwell Baron of Oakham in Rutlandsh and Earle of Arglast Viscount Lecaile in the Kingdome of Ireland The Right honble Ralph Lord Eure Baron of Wilton in the County of Northumberland ct The Right Honourable Phillip Lâ—â—â— Wharton Baron of Wharton in The County of Westmoreland The Right Honourable Iohn Lord 〈◊〉 Baron Willoughby of Parhâ—m in Lincolnshire The Right Honourable William Lorâ— Pagâ—â—◠〈◊〉 of Beaudefert in the County of Stafford The Right Honourable Charles Loâ—◠〈◊〉 of Cartlidge in ye. County of Canâ—â—râ—â—â— and Baron Grey of Roleston The Right Honourable William Lord Bruges Baron Chandois of Sudley Castle in Glocester shire The Right Honourable Iames Lord Bertue Baron Norris of Rycott in Oxford shire brother to the Right Honourable Robert Earle of Lindsey ct The Right Honourable William Petre Baron of Writtle in Essex The Right Honourable Digby Gerard Baron of Gerardsâ— Bromley in Staffordshire The Right honble Charles Lord Stanhope Baron of Harrington in the County of Northampton c a. The Right honble Henry Lord Arundell Baron of Wardure in Wiltshire and Count of the Empire The Right Honourable Christopher Lord Roper Baron Tenham of Tenham in Kent The Right Honourable Robert Grevill Baron Brook of Beauchamps Court in Warwickshire Ld. Leivtenant of Staffordshire The Right Honourable Edward Lord Montague of Boughton decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury The Rt. honble Ralph Lord Grey Baron of Warke c â— of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th created Earle of Tangverville in the said Kingdome The Right Honourable Iohn Lord Roberts Baron of Truro in Cornwall and one of the Lords of his maties most Honourable Privy Councell c a. The Right Honourable Iohn Lovelace Baron of Hurley in Barkshire The Right Honourable Iohn Lord Poulet Baron of Hinton St. George in Somerset shire The Right Honourable William Maynard Baron of Estaines in Essex and Baron Maynard of Wicklow in Ireland Comptroler of his Mtys household and one of the Lords of his most Honourable privy Councell The Right Honourable George Coventry Baron of Alesborough in Worcestershire The Right Honourable Thomas Howard Baron of Escricke in Yorkshire The Right honble Charles Lord Mohun Baron Mohun of Okehampton in Devonshire the Right honble Edward Lord Herbert Baron of Cherbury in Montgomeryshire and of Castle Island in Ireland and one of the Lords of his matyâ— most honble privy Councell for the Kingdom of Irelandâ— The Right honble Thomas Lord Leigh Baron Leigh of Stoneley in Warwick-shire The Right honble Richard Lord Biron Baron of Rachdale in Lancashire The Right honble Christopher Lord Hatton Baron of Kirby in Northamptonsh Governor of the Isle of Gemsey ct The Right honble Richard Lord Vaughan Baron of Emlyn in England and Earle oâ— Carbery in Ireland and one of the Lds of his Majestys most honble Privy Councell The Right honble Francis Lord Carrington Baron of Wotton in Warwicksh Viscount Bâ—rreford in the Kingdome of Ireland The Right honble William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne The Right Honourable Edward Lord Ward Baron of Bermingham in the County of Warwick The Right honble Thomas Lord Culpeper Baron of Thornsway in Kent The Right honble Iacob Lord Astley Baron of Reding in Berkshire The Right Honourable Charles Lord Lucas Baron of Shenfeild in the County of Essex the Right honble John Lord Belasis Baron of Worlabye in Lincolnshire the Right honble Edward Watson Baron Rockingham of Rockingham in Northamtonshire son of Lewis Lord Rockingham by the Lady Elianor sister to Iohn Earle of Rutland now living An. 1625 The Right Honourable Charles Lord Gerard Baron of Brandon in Suffolk Gentleman of his matys Bedchamber The Right honble Robert Sutton Baron Lexington of Axam in Nottingham shire The Right Honourable Charles Henry Lord Kirkhoven Baron Wotton of Wotton in Kent The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland The Right honble William Lord Crofts Baron of Saxham in Suffolk Oâ—e of the Gentlemen of his matys Bedchamber The Right honble Iohnâ— Lord Berhley Baron of Stratton in Somersetshire One oâ— the Lords of his Majestys most honble Privy Councell The Right honble Denzell Lord Holles Baron of Ifield in Sussex Lord high Steward of the Honors Manor s and Revenews of the Queens Custos Rotolorum of Dorset shire The Right Honourable Charles Lord Cornwallis Baron of Eye in Suffolke c a. The Rt. honble George Lord Booth Baron De la Mer of Dunham Massey in Cheshire c a. The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke Lord Leivetenant of the said County c a. The Right Honourable Iohn Lord Crew Baron of Stean in Northampton shire The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire The Right Honourable Richard Lord Arundell Baron of Trerife in Cornwall The Right honble Thomas Butler Earle of Ossâ—ry in Ireland Baron Butler of More Park in Hereford shire Eldest Son to his Grace Iames Duke of Ormond Kt of the Garter one of the Gentlemen of his matys Bedchamber and Lords of his most Honourable privy Councell c a. The Right Honorbl Hugh Lord Clifford Baron of Chudleigh
Adversaries in this manner viz. The Writ of Summons to the Parliament whereby the Baron by Writ hath his Original is to call that Honourable and Worthy Person so summoned to the number of that Right High and Honourable Assembly and to be a Judge to sit hear and determine Life and Member Plea and right of Land if there shall come occasion likewise to give Counsel and Advise in the most mighty Affairs of the Realm But these things are convenient for the quality and condition of men unfitting and altogether unbeseeming the Sex of women Ergo having respect unto the scope and final purpose of such Writs such Inheritances should only descend unto the Heir Female The Second Argument contra Secondly If it shall be answered That although the Heir Female to whom such Inheritance is descended be unfit in her own person for the accomplishing of these things yet she may marry with one sufficiently able for her and in her behalf to execute the same This Answer will neither satisfie nor salve the inconveniences For admit that such an Heir Female were at full Age at the death of her Ancestor unmarried for it doth lye in her own choice then whom shall be her Husband The Third Argument contra Thirdly If such Husband shall be called by the right of his Wife the Writ shall make some mention thereof for otherwise it may well be taken that the Husband was chosen in his own person and in behalf of himself and not in regard of his wife or such pretended Dignity descended unto him But there was never such a Writ of Summons seen wherein the wife was mentioned And if the husband of such a wife have been called to the Parliament which is always by General Writ not mentioning his wife he is thereby made a Baron of himself by virtue of the said Writ Having thus heard both sides to dispute place it doth now require to interpose Opinion to compound the Controversie This point in queâ—tion is somewhat perplexed by means of difficult Presidents For first it is observed That some Presidents do prove that Baronies by Writ have descended unto Heirs Female whose husbands have been called to Parliament whether in regard of themselves or in respect of their wives right it maketh no matter but since it is that the marriage of such Ladies gave that occasion to be summoned and such husbands and their Poâ—â—erity have and do lawfully bear the same Title of Dignity which the Ancestors of such a wife did before rightfully bear For by this Controversie theâ—e is no purpose to call the right of such Noble Houses into question Howbeit Secondly this is to be observed out of the Presidents and to be acknowledged of every dutiful Subject That the King's Majesty is nevertheless at liberty to call to his High Council of Parliament whom he shall in his Princely Wisdom think fit which by his Majestie 's Noble Progenitors have in former Ages likewise observed And therefore whereas Ralph Lord Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest who married Sir Thomas Nevile Knight and Ioan the younger who married Sir Humphrey Butcher Knight who was called to Parliament as Lord Cromwell and not the said Sir Thomas Thirdly It is to be observed That if a Baron by Writ die without Heir Male having his Daughter Sister or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any ancient entail or otherwise the Title of such an Heir Female hath heretofore been allowed as by the honourable Opinions and Relations of the Right Honourable the late Commissioners in the Office of Earl-Marshal signified unto the late Queen upon Petition of the Sister and Heir of Gregory Lord Dacres deceased may appear Moreover in the same Pedigree of the Lord Dacres it was expressed That Thomas sometimes Lord Dacres had issue Thomas his eldest Son Ralph his Second and Humphrey his third Thomas the eldest died in the life of his Father having issue Ioan Daughter and Heir who was married to Sir Richard Fines Knight and after Thomas Lord Dacres his Grandfather and Father to the said Ralph and Humphrey died after whose death Henry the Sixth by his Letters Patents bearing date at Westminster the Seventh of November in the Seventh year of his Reign reciting the said Pedigree and Marriage doth by his said Letters Patents accept declare and repute the said Richard Fines to be Lord Dacres and one of the Barons of the Realm But afterwards in the time of Edward the Fourth the said Humphrey Dacres after the attainder of the said Ralph and himself by an Act of Parliament which was the first of Edward the Fourth And after the death of the said Ralph and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth the said Humphrey made challenge unto the said Barony and unto divers Lands of the said Thomas his Father whereupon both parties after their Title had been considered of in Parliament submitted themselves to the Arbitrement of King Edward the Fourth and entred into Bond each to other for the performance thereof whereupon the said King in his Award under his Privy Seal bearing date at Westminster the Eighth of April Anno Regni sui decimo tertio did Award that the said Richard Fines in the right of Ioan his wife and the Heirs of his body by the said Ioan begotten should keep have and use the same Seat and Place in every Parliament as the said Thomas Dacres Knight Lord Dacres had used and kept and that the Heirs of the body of the said Thomas Dacres Knight then late Lord Dacres begotten should have and hold to them and to their Heirs the Mannor of Holbeach And further That the said King Edward did Award on the other part that the said Humphrey Dacres Knight and the Heirs Males of the said Thomas late Lord Dacres should be reputed had named and called the Lord Dacres of Gillesland and that he and the Heirs Males of the body of the said Thomas then late Lord Dacres should have use and keep the place in Parliament next adjoyning beneath the said place which the said Richard Fines Knight Lord Dacres then had and occupied And that the Heirs of the body of the said Ioan his wife shall have and enjoy and that the Heirs Males of the said Thomas Dacres late Lord Dacres should have to them and the Heirs Males of their bodies begotten the Mannor of Iothington c. And so note that the name of the ancient Barony namely Gillesland remained unto the Heir Male to whom the Land was entailed Moreover this is specially observed If any Baron by Writ do die having no other Issue than Female and that by some special entail or other assurance there be an Heir Male which doth enjoy all or great part of the Lands Possessions and Inheritances of such Baron deceased the Kings have used to call to the
again into the Hall where he shall sit at Table with the Knights and being risen and retired into his Chamber his Attire is taken off and again clothed with a blew Robe having on his left Shoulder a Lace of white Silk hanging to be worn upon all his Garments from that day forwards till he have gained some Honour and Renown for some Feats of Arms or some Prince or Lady of Quality cut that Lace from his Shoulder After Dinner the Knights must come to the Knight and conduct him into the King's presence to return him thanks for these Honours and so takes his leave of the King and the Governours craving his pardon for any miscarriage and claiming their Fees according to the Custom of the Court also take their leaves of the Knight I shall conclude this Chapter with giving an Account of the Knights made at the Coronation of his Majesty Knights of the Bath made at the Coronation of his Majesty King CHARLES the Second EDward Lord Clinton now Earl of Lincoln Iohn Egerton Viscount Brackley eldest Son to the Earl of Bridgwater Sir Philip Herbert then second Son to the Earl of Pembroke Sir William Egerton second Son to the Earl of Bridgwater Sir Vere Fane second Son to the Earl of Westmoreland Sir Charles Berkley eldest Son to George Lord Berkley Sir Henry Bellasis eldest Son to the Lord Bellasis Sir Henry Hyde now Earl of Clarendon Sir Rowland Bellasis Brother to Viscount Faulconberg Sir Henry Capell Sir Iohn Vaughan now eldest Son to the Earl of Carbery Sir Charles Stanley Grandchild to the late Earl of Derby Sir Francis Fane Sir Henry Fane Grandchildren to the Earl of Westmoreland Sir William Portman Baronet Sir Richard Temple Baronet Sir William Ducy Baronet Sir Thomas Trevor Baronet Sir Iohn Scudamore Baronet Sir William Gardiner Baronet Sir Charles Cornwallis afterwards Lord Cornwallis Sir Iohn Nicholas Sir Iohn Monson Sir Bourcher VVray Sir Iohn Coventry Sir Edward Hungerford Sir Iohn Knevett Sir Philip Boteler Sir Adrian Scroop Sir Richard Knightley Sir Henry Heron. Sir Iohn Lewkenor Sir George Brown Sir William Tyrringhum Sir Francis Godolphin Sir Edward Baynton Sir Greville Verney Sir Edward Harley Sir Edward VValpool Sir Francis Popham Sir Edward VVise. Sir Christopher Calthrop Sir Richard Edgcombe Sir William Bromley Sir Thomas Bridges Sir Thomas Fanshaw Sir Iohn Denham Sir Nicholas Bacon Sir Iames Altham Sir Thomas VVendy Sir Iohn Bramston Sir George Freeman Sir Nicholas Slaning Sir Richard Ingoldsby Sir Iohn Rolle Sir Edward Heath Sir William Morley Sir Iohn Bennet Sir Hugh Smith Sir Simon Leech Sir Henry Chester Sir Robert Atkyns now one of the Justices of the Common Pleas. Sir Robert Gayre Sir Richard Powle Sir Hugh Ducy Sir Stephen Hales Sir Ralph Bash. Sir Thomas VVhitmore OF Knights Batchelors With what is incident to that Degree of KNIGHTHOOD According to the Laws of England CHAP. XXI THE particular kinds of Services by which Lands of Inheritance are distinguished are two viz. Knights of Service and Knights of Soccage And in ancient time Tenure by Knights Service was called Regale servitiâ—m because it was done to and for the King and Realm and forinsecum servitium as appeareth in the 19 Edw. 2. Avowry 224. 26. Ass. p. 66. 7. Hen. 4. 19. Coke's seventh Part 8. a. Calvin's case because they who hold by Escuage ought to do and perform their Services out of the Realm Litt. 35. ideo forinsecum dici potest sit quia capitur foris hujusmodi servitia persolvuntur ratione Tenementorum non Personarum And as Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad so Soccage-Tenure commandeth the attendance at the Plough the one by Manhood defending the King or his Lord's life and person the other by industry maintaining with Rents Corn and Victuals his Estate and Family For Kings did thus order their own Lands and Tenements one part they kept and detained in their own hands and in them stately Houses and Castles were erected and made for their habitations and defence of their Persons and of the Realm also Forests and Parks were there made for their Majesties Recreation One other part thereof was given to the Nobles and others of their Chivalry reserving Tenure by Knights Service The third part was bestowed upon men of meaner condition and quality with reservation of Soccage-Tenure And in this manner the Dukes and Nobles amongst their Menials and Followers dissipated a great part of their Lands viz. to their Gentlemen of quality to hold by Knights Service and to other of meaner condition by Soccage-Tenure The Right Honourable S. Ioseph Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State c a. The Honourable Sr. Robert Atkins of Totteridge in Hertford shire and of Sapperton in Glocester shire Knight of the Bath and one of his matys Iustices of the ComÌ„on pleas c a. Sr. Iohn Bennet of Dawly in Midd sx Kt. of the honble order of the Bath Leivtenant to his maties Band of Gentlemen Pentioners and eldest brother to the Rt. honble Henry Earle of Arlington who was first maried to Elizabeth Countess of Mulgrave daughter to the Earle of Midd sx and now to Bridget Howe of the Family of Sr. Grubham Howe Sr. Robert Southwell Knight one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell câ—t Sr. Hugh Wyndham of Silton in Dorsetshire Kt. one of the Iustices of his matys Court of Comon pleas at Westminster eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire Kt who was lineally descended from the antient Family of the Wyndhams of Felbrigg in Norfolk â—ownâ—r therâ—of Sr. Thomas Daniell of Beswick in the East Rideing of Yorkshire Kt. Major to his matys Regiment of Foot Guards and Captaine of his matys Archchiffe Fort in Dover Sr. Thomas Mompessonâ— antiently Montpintsonâ— of Bathampton in Wiltshire Knight a person of eminent Loyalty and suffering in the late trouble whose Family have been of greate antiquity in the said County Sr. Thomas Lynch of Great Sonkey in Lancashire Kt. one of the Gentlemen of his matyâ— privy Chamber in ordinary and late Governour of his Ma â—â—â— Island of Jamaica decended of the Lincâ—â—s of Groves in Kent and is now maried to Vere Herbert 2â— daughter of Sr. Edw Herbert sometyme Lord Keeper of the groâ—t seaâ—e Sr. William Pelham of Brocklesby in Lincolnshire Kt. whose Grandfatâ—er Sr. William Pelham of the said place Kt. who was descended of the antient family of the Pelhams of Langhtoniâ—â— sussex was employed under Queen Eliz in the offices of L d cheife Justice of Ireland Marshall of the English forces sentinto the Low Countrys Mastâ—â— of her ordnanceâ— and one of her privy Councell Sr Thomas Daviâ—s of the Citty of London Knight Ld. Maior thereof Anno 1677. Sr. William Prichard of the Citty of London Kt. and Alderman now maried to Sarah daughter of Francis
to the party for so it is termed in Brook's Title Additions 44. but an Honour to the Kingdom And therefore it hath been an ancient Prerogative of the Kings of this Realm at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine But we see by Experience in these days that none are compelled thereunto and that is the reason wherefore if the Plaintiff be Knighted having the Writ it shall abate because he hath changed his name and that by his own Act. And for that cause also by the Common Law not only the King but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight And all Lands are subject to these Aids except only ancient Demesne and grand and petty Serjeanty-Tenures as the Law hath â—een anciently delivered And in Io. Shelden 131. where also it is said one that wrote a little after the Statute of Westminster the first allows as a good barr to the Avowry for the Tenant to plead that the Father himself is no Knight so that one not Knighted cannot claim this Ayd of his Tenants Briâ—an cap. de prices de avers And it was at the liberty of the Lord to make more or less of his Tenants by the Common Law in this Case but by the Statute of Westminster the first Chap. 35. it is put in contrary viz. forasmuch as before this time reasonable Aid to make ones Son Knight or to marry his Daughter was never put in certain nor how much should be taken nor at what time whereby some levied unreasonable Aid and more often than seemed necessary whereby the people were sore grieved It is provided that from henceforth of a whole Knight's Fee there be taken but Twenty shillings and of Twenty pounds in Land holden in Soccage Twenty shillings and of more more and of less less after that rate And that none shall levy such Aid to make his Son a Knight until his Son be of fifteen years old nor to marry his Daughter until she be of the Age of seven years And of that there shall be mention made in the King's Writs formed on the same when any will demand it And if it happen that the Father after he hath levied such Aid of his Tenants die before he hath married his Daughter the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid And if the Father's Goods be not sufficient his Heir shall be charged therewith unto the Daugher And this Aid is so incident that although the Lord do confirm unto the Tenant to hold by Fealty and certain Rent and release unto him all other Services and Demands yet shall he have the Aid to make his eldest Son a Knight But the King was not bound by the Statute aforementioned because the King was not named in the Statute Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value The intention of the Law is That an Heir until the Age of One and twenty years is not able to do Knights Service But such a presumption of Law doth give place to a Judgment of proof to the contrary as Bracton saith Sâ—abitur presumptioni donec probetur in contrarium And therefore when the King who is the Sovereign Judge of all Chivalry hath dubbed him a Knight he by this hath adjudged him able to do him Knight's Service and all men are concluded to say the contrary to it And therefore such an Heir being made a Knight either in the life time of his Father or afterwards during his minority shall be out of Ward and Custody both for his Land and Body and marriage by the Award of the ancient Common Law By reason also that the Honour of Knighthood is so great that it is not to be holden under by any yet if the King do create such an Heir within Age a Duke Marquess Earl Viscount or â—aron by this he shall not be out of Ward and Custody both for his Land and Body And therefore it is propounded by the Statute of Magna Charta chap. 3. Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in Custodia Dominorum suorum So that although such an Heir within Age be made Knight and thereby to this purpose is esteemed as of full Age yet the Land shall remain in Custody of the Lord till his Age of One and twenty years by the purview of the said Act. Question If the Son and Heir of the Tenant of the King by Knights Service c. be made Knight in Paris by the French King whether he shall be out of Wardship after the death of his Father or no for thereby he is a Knight in England Coke's seventh part b. 2 Edw. 4. fol. tamen vide in Coke's sixth part 74. b. mention is only made of Knights made by the King himself or by his Lieutenant in Ireland But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor and after the death of his Ancestor the said Heir being within Age shall in this Case be out of Ward and shall pay no value for his marriage neither shall the Lord have the Custody of the Land for in that Case by the making of him Knight in the life of his Ancestor he is made of full Age so that when his Ancestor dieth no interest either in the Body or in the Land shall invest in the Lord but the Knight may tender his Livery as if he were of full Age And in that case the King shall have primier Seisin as if he had been One and twenty years of Age at the time of the death of his Ancestor and not otherwise For the Statute of Magna Charta doth not extend unto it for the purview of it doth extend only when the Heir in Ward infra aetatem is made Knight then remanet terra in Custodia c. But when the Heir is made Knight in the life of his Ancestor then the Custody cannot remain which never had any inception or essence Also when the Heir after the death of his Ancestor within Age is made Knight if after tender made to him he within Age do marry elsewhere yet he shall not pay the forfeiture of his marriage for by the making him Knight he is out of Ward and Custody of his Lord for then he ought to be sui Iuris and may imploy himself in feats of Arms for defence of the Realm c. and therefore may not be within the Custody of another and none shall pay any forfeiture but when after any refusal he doth marry himself during the time when he is under the custody and keeping of his Lord And this doth appear by the Statute of Merton chap. 6. Si se mariturierit sine licentia
Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
the City of London â—â—â—â—â—e his Coronation which was on Monday tâ—e 22 th of April 1661. First the Duke of York's Horse Guard Messengers of the Chambers in their Coats with the King's Arms before and behind Esquires to the Knights of the Bath in number 140. Knight Harbinger and Serjeant Porter Sewers of the Chamber Gentlemen Ushers Quarter Waiters in Cloaks Clerks of the Chancery 6. Clerks of the Signet 4. Clerks of the Privy Seal in Gowns Clerks of the Council 4. in Cloaks Clerks of the Parliament 2. Clerks of the Crown 2. in Gowns Chaplains having Dignities 10. in Gowns and square Caps The King's Advocate The King's Remembrancer Masters of the Chancery The King's Counsel at Law 2. in Gowns The King's puisne Serjeants 2. The King's Attorney The King's Solicitor The King's eldest Serjeants 2. in Gowns Two Secretaries of the French and Latin Tongue in Gowns Gentlemen Ushers Daily Waiters in Cloaks Sewers in Ordinary in Cloaks Carvers in Ordinary in Cloaks Cup-bearers in Ordinary in Cloaks Esquires of the Body 4. The Effigies of the Right honble Heneage Lord Finch Baron of Daventry Lord High Chancellor of England one of the Lords of the most honble Privy Councell to King Charles ye. second Anno DnÌ„i 1676. The Effigies of the Right honble Anthony Earle of Shaftsbury Baron Ashley of Wimbourne St Giles Ld. Cooper of Pawlet Ld. High Chancellor of England Ld. Leiutenant of the County of Dorset and â—one of the Lords of ye. most honble Privy Councellâ— to King Charles yâ— 2d. Anno Domini â—673 Masters of standing Offices Tents 1. in Cloaks Masters of standing Offices Revels 1. in Cloaks Masters of standing Offices Ceremonies 1. in Cloaks Masters of standing Offices Armory 1. in Cloaks Masters of standing Offices Wardrobe 1. in Cloaks Masters of standing Offices Ordnance 1. in Cloaks Masters of the Requests 4. Chamberlains of the Exchequer 2. in Gowns Gentlemen of the Privy Chamber in Cloaks Knights of the Bath 68. in long Mantles with Hats and Feathers The Knight Marshal in a rich Coat Treasurer of the Chamber Master of the Jewel House in Cloaks Barons younger Sons Viscounts younger Sons Barons of the Exchequer 3. in Robes and Caps Justices of the King's Bench and Common Pleas 6. in Robes Caps and Collars Lord Chief Baron of the Exchequer Lord Chief Justice of the Common Pleas in Robes Caps and Collars Master of the Rolls in a Gown Lord Chief Justice of the King's Bench in his Robe Cap and Collar Knights of the Privy Council in Cloaks Barons eldest Sons Earls younger Sons Viscounts eldest Sons Kettle Drums The King's Trumpeters in rich Coats The Serjeant Trumpeter with his Mace Two Pursuevants at Arms in their Coats of Arms. Barons 51. in Cloaks Marquisses younger sons Earls eldest Sons Two Pursuevants at Arms in their Coats of Arms. Viscounts 7. Dukes younger Sons Marquisses eldest Sons Two Heralds in their Coats with Collars of SS Earls 32. in Cloaks Lord Chamberlain of the King's Houshold with his white Staff Dukes eldest Sons Two Heralds in Coats with Collars of SS Two Marquisses in Cloaks Two Heralds in Coats with Collars of SS The Duke of Buckingham Clarencieux King at Arms in Coats with Collars of SS Norroy King at Arms in Coats with Collars of SS The Lord Treasurer with his white Staff The Lord Chancellor with the Purse The Lord High Steward with his white Staff Two Persons one representing the Duke of Aquitain and the other the Duke of Normandy in broad Caps and Robes of Ermyn The Gentleman Usher with the black Rod on the right hand bareheaded in a rich Cloak Garter King of Arms bareheaded in his Coat and Collar of SS The Lord Mayor of London carrying the City Scepter on the left hand bareheaded The Duke of York Serjeants at Arms with their Maces 8 on a side from the Sword forwards in rich Cloaks The Lord Great Chamberlain on the right hand The Sword born by the Earl of Suffolk Marshal pro tempore The Earl of Northumberland Lord Constable of England pro tempore on the left hand Gentlemen Pensioners with Pole-Axes The King Gentlemen Pensioners with their Pole-Axes Esquires Footmen The Master of the Horse leading a spare Horse The Vice Chamberlain Captain of the Pensioners Captain of the Guard The Lieutenant of the Pensioners the King's Horse Guard The Lord General 's Horse Guard As in Man's Body for the preservation of the whole divers Functions and Offices of Members are required even so in all well governed Common-wealths a distinction of persons is necessary and the policy of this Realm of England for the Government and Maintainance of the Common-wealth hath made a threefold Division of persons that is to say First the King our Soveraign Monarch under which Name also a Soveraign Queen is comprised as it is declared by the Statute made in the first of Queen Mary cap. 1. Parliam 2. Secondly the Nobles which comprehend the Prince Dukes Marquisses Earls Viscounts and Lords Spiritual and Temporal Thirdly the Commons by which general word is understood Baronets Knights Esquires Gentlemen Yeomen Artificers and Labourers It is observed that our Law calleth none Noble under the Degree of a Baron and not as men of Forreign Countries do use to speak with whom every man of Gentle Birth is counted Noble For we daily see that both Gentlemen and Knights do serve in Parliament as Members of the Commonalty Neither do these words the Nobles the high and great men in the Realm imply the Person and Majesty of the King but with the Civilians the King is reckoned among the Nobility The Nobility are known by the general Name of Peers of the Realm or Barons of England for Dukes Marquisses Earls and Viscounts did anciently sit together in the King 's great Council of Parliament as Barons and in right only of their Baronies And therefore by the general Name of Barons of the Realm and for the Baronage thereof we underâ—â—and the whole Body of the Nobility the Parliament Robes of the Dukes differing nothing from the Barons but that they wear the Guards upon their Shoulders three or four folds For though Dukes Marquisses Earls and Viscounts in their Creations are attired with Ornaments of Silk and Velvet yet in Parliament they use the same that Barons do made of Scarlet with divers differences of white Fur set as Fringes or Edgings on their Shoulders and although they sit in right of their Baronies yet they take their places according to their degrees of Dignity And hence it is that those bloody Civil Wars concerning the Liberties granted in the Great Charter both in the time of King Iohn and Henry the Third his Son prosecuted by all the Nobility some few excepted are called in our Histories the Barons Wars Neither have the Spiritual Lords any other Title to that preheminence but by their ancient Baronies For although originally all the possessions of Bishops Abbots and Priors were given and holden in Frank Almoign most of
lawfully do by Office that is to say The Steward of the King's Houshold notwithstanding the Liberty of any other although in another Kingdom when the Offender may be found in the King's Houshold according to that which happened at Paris in the Fourteenth year of Edward the First when Engelram of Nogeut was taken in the Houshold of the King of England the King himself being then at Paris with silver Dishes lately stoln at which deed the King of France did claim Cognizance of the Plea concerning that Theft by Jurisdiction of that Court of Paris The matter being diversly debated in the Council of the King of France at length it was Ordered That the King of England should use and enjoy that Kingly Prerogative of his Houshold who being Convicted by Robert Fitz-Iohn Knight Steward of the King's Houshold of the Theft by consideration of the said Court was hanged on the Gallows in St. Germans Field And here by the way may be noted from those recited Books alledged That the person of the King in another King's Dominions is not absolutely priviledged but that he may be impleaded for Debt or Trespass or condemned for Treason committed with in the said Dominions For it is the general Law of Nations that in what place an Offence is committed according to the Law of the said place they may be judged without regard to any priviledge Neither can a King in any other Kingdom challenge any such Prerogative of Immunity from Laws For a King out of his proper Kingdom hath not merum Imperium but only doth retain Honoris titulos dignitatis so that where he hath offended in his own Person against the King in whose Nation he is per omnia distringitur etiam quoad personam And the same Law is of Ambassadors ne occasio daretur delinquendi That Ambassadors are called Legats because they are chosen as fit men out of many and their Persons be sacred both at home and abroad so that no man may injuriously lay violent hands upon them without breach of the Law of Nations and much less upon the person of a King in a strange Land Bracton a Judge of this Realm in the Reign of King Henry the Third in his first Book and eighth Case saith There is no respect of Persons with God but with men there is a difference of Persons viz. the King and under him Dukes Counts Barons Lords Vavasors and Knights Counts so called because they take the Name from the County or from the word Sociati who also may be termed Consules of Counselling for Kings do associate such men unto them to govern the People of God ordaining into great Honours Power and Name where they do gird them with Swords that is to say Ringis gladorium Upon this cause were the Stations and Encampings of Arms called by the Romans Castra of the word Castrare since they ought to be Castrata vel Casta. In this place ought a good General to foresee that Venus Delights be as it were gelded and cut off from the Army So Sir Iohn Fern's Book entituled The Glory of Generosity Ring so called quasi renes girans circundans for that they compass the Reins of such that they may keep them from Incest of Luxury because the Luxurious and Incestuous persons are abominable unto God The Sword also doth signifie the Defence of King and Country And thus much in general of the Nobility of England Now followeth a more particular Discourse of each particular Degree and first of his Majesty the Fountain from whence all these Rivulets and swelling Streams of Honour's Spring The most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaineâ— France and Irelandâ— Defender of the faith ca. The Effiges of the most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine France and Ireland Deâ—ender of the faith câ—â— OF THE KING OR MONARCH OF Great Britain CHAP. II. MONARCHY is as ancient as Man Adam being created Soveraign Lord of the Universe whose Office was to govern the whole World and all Creatures therein His Posterity after his Death dividing into Tribes and Generations acknowledged no other Dominion than Paternity and Eldership The Fathers of Nations were instead of Kings and the Eldest Sons in every Family were reverenced as Princes from whence came the word Seignior amongst the Italians and French and Seignories for Lordship and Dominion of which Seneca makes two kinds viz. Potestas aut Imperium power to command Proprietas aut Dominium Property or Dominion These Empires in the Golden Age were founded upon natural Reverency and Piety their Power was executed with the soft Weapons of paternal perswasions and the greatest penalties that they inflicted upon the most Capital Criminals was the malediction of their Primogenitors with an Excommunication out of the Tribes But as Men and Vice began to increase Pride and evil Examples overshadowed Filial Obedience and Violence entred upon the Stage of the World the mighty Men truâ—ling in their own strength oppressed the Feeble and were at length forced to truckle under the tyranny of others more Gygantick than themselves which necessitated them to submit to Government for self-preservation many housholds conjoyning made a Village many Villages a City and these Cities and Citizens confederating established Laws by consent which in tract of time were called Commonwealths some being governed by Kings some by Magistrates and some so unfortunate as to fall under the yoak of a popular Rule Nam Plebs est pessimus Tyrannus The first Chiefs or Kings were men of Vertue elected for their Wisdom and Courage being both Reges Duces to govern according to their Laws in Peace and to lead them forth to Battel against their Enemies in time of Hostility And this Rule proving more safe for the people honourable amongst men and â—â—rm in it self than the other most Nations followed it approving the Sentence of Tacitus Prâ—stat sub Principo â—alo esse quam nulle Lamentable Experience the Mistress of Fools in some and of Wisdom in others in the Ages sequent necessitated them again to quit the â—orm of Election and to entail the Soveraign Power in the Hereditary Loyns of their Kings to prevent the fatal consequence of Ambition amongst equal pretenders in popular Elections Thus the beginning of an Empire is ascribed to reason and necessity â—ut 't was God himself that illuminated the minds of men and let them see they could not subsist without a Supream in their human affairs Necessitas â—st firmum judicium immutabilis providentiae potestas This Island of Great Britain when Barbarism was so happy as to submit to a Regal Power as Caesar in his Commentaries witnesseth then divided into many Kingdoms under which Government of Kings with some small alterations according to the necessity of times and pleasure of Conquerors it hath flourished descending from the British Saxon Danish Norman and
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
it doth appear By which Statute three things were ordained First The County Palatine of Lancaster was again established Secondly He did invest it in the Body Politick of the King 's of this Realm And thirdly He did divide it from the order of the Crown Land And in this form it continued until Henry the Seventh who forthwith being descended from the House of Lancaster did separate it only in Order and Government from the Crown and so it continueth at this day Ceremonies to be observed in the Creation of a Duke AT the Creation of a Duke he must have on him his Surcoat and Hood and should be led between two Dukes if there be any present if not a Marquiss or two and for want of either an Earl somewhat before him on the right hand shall go on Earl which shall bear a Cap of Estate with the Coronet in it and on the other side shall also go an Earl which shall bear the Golden Rod and before the Duke that is to be created should go a Marquiss or one of the greatest Estate to bear the Sword and before him an Earl to bear the Mantle or Robe of Estate lying on his Arms. And all these Nobles that do Service must be in their Robes of Estate His Title is proclaimed twice and the Largess thrice The Effigies of the most Noble CHARLES PAULET MARQUESS of WINCHESTER EARLE of Wiltsh And BARON St. IOHN of Basing ct. R. White Sculp The most honble Charles Paulet Marâ—quess of Minchester Earle of Miltshire Baron St Iohn of Basing â— The most honble Henry Somersetâ— Marquess Earle of Worcestâ—â—â— Ld. Herâ—ert Baron of Chipstom Raglan Gomer Ld. President â— Ldâ— Leivtenant of Wales and the Marches L d Leivtenant of 〈◊〉 Countyes of Glocester Hereford Monmouth of the 〈◊〉 County of Bristoll Knight of the most noble order of the Gâ—â—teâ— one of the Lords of his matys most honble privy Councâ—llâ— The most hono rble Henry Rerrepont Marquâ—ss of Dorchester Earle of Kingston upon Hullâ— Viscount Nemarke Ld. Rerrepont Maunvers Herris one of the Lords of his matys most honorbleâ— Priuy Councel câ— OF MARQUISSES CHAP. V. A Marquiss which by the Saxons is called Marken-Reue and signifieth a Governor or Ruler of the Marches hath the next place of Honour to a Duke This Title came to us but of late days for the first was Robert Vere who was created Marquiss of Dublin by King Richard the Second and from that time it became to be a Title of Honour for in former time those that Governed the Marches were commonly called Lord Marchers and not Marquisses After the Normans had conquered this Land it was by them carefully observed as a matter of great moment to place upon the Confines and Borders of the Britains and those not then subdued men of much Valour such that were not only sufficient to encounter the Inrodes and Invasions of the Enemy but also ready upon all Occasions to make onset upon them for the enlarging their Conquest These men thus placed were of high Blood and Reputation amongst their Countrey-men the Normans and in whose Faith the Conqueror reposed special Trust and Confidence And therefore in their Territories given unto them to hold their Tenures were devised to be very special and of great importance and honour enriched with Name and Priviledges of Earl of Chester and so the North-border of Wales created to a County Palatine and the Barons of the middle part of the South Marches were adorned in a manner with a Palatine Jurisdiction having a Court of Chancery and Writs only amongst themselves pleadable to the intent that their Attendance might not thence be drawn for the prosecuting of Controversies or Quarrels in the Law And as for the other part of the South Marches they seemed to be sufficiently fenced with the River Severn and the Sea A Marquiss is created per gladii cincturam circuli aurei suo capiti positionem He is honoured with a Coronet of Gold which is part flowered and part pyramidal with the points and flowers or leaves of an equal height His Mantle is doubled Ermin which is of three doublings and an half whereas the Mantle of an Earl is but of three and the doublings of a Viscount's Mantle is but two and a half which are only plain white Furr without Ermins as are the Barons which are but of two doublings The form of their Patent which at their Creation is delivered into their hands was various but of late â—tis regulated to the method of those of other Degrees and the Ceremonies the same This Honour is hereditary and the eldest Son by the Courtesie of the Land is called Earl or Lord of a place and the younger Sons only Lord Iohn Lord Thomas or the like He hath the Title of most Noble most Honourable and Potent Prince and may have his Cloth of Estate reaching within a yard of the Ground the King or a Duke not being present and his Marchioness may have her Train born up by a Knight's Lady in her own House but not in a Dutchesses presence A Marquisses eldest Son is born an Earl and shall go as an Earl and have his Essay in an Earl's presence and wear as many powdrings as an Earl but shall give place to an Earl and his Wife shall go beneath a Countess and abovâ— all Marquisses Daughters who are born Ladies and the eldest a Countess but shall go beneath a Countess At the Creation of a Marquiss he must have on him his Surcoat and Hood and be led by a Duke or Marquiss the Sword and Cap to be born by Earls He must go after his Creation not after his Marquisite and the Marchioness his Wife according to the same The Effigies of the Right honble CHARLES BEAUCLAIRE Baron of Heddington Earle of BURFORD And of ye. Rt. honble IAMES Ld. BEAUCLAIRE Brother and heir to ye. Right honble Charles Earle of Burford The Rt. honble Aubrey Vere Earle of Oxfordâ— Baron Bulbeck Sandford Badlefinere Kt. of the Garter L Leiutenant wth his grace the Duke of â—â—â—â—marle of Essex one of his Maâ—ysâ— most Hon. privy Councell c a. The Right Honourable Charles Talbot Earle of Shrewsbury Baron Talbot Strange of Blackmere Gifford of Brimshelâ— Purnivullâ— Verdon Lovetoâ— The Right Honourable Anthony Grey Earle of Kent Baron Grey of Ruthin Hasting and Valance 〈◊〉 Right honble William Stanley Earleâ— of Derâ—â— Lord Stanley c Strange of Knocking Viscount Kintâ—â— Baron of Weâ—â—on L â— Mobâ—n Burnet Basset Lacy. L â— Leivtâ—nant of Lancâ—shire â— Cheshire and Admirall of the Seas theirâ— belonging Câ—amberlaine of Châ—ster â— L â— of Man as of the Isles c a. The Right honble Iohn Mannors Earle of Rutland Baron Ross of Hamlack Trushut and Belvior and Lord Leivetenant of Leicestershire The Right honble Theophilus Earle of Huntington L d Hastings of Hastings Hungerford Homet Botreaux Moules Moulins Peâ—erell
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough â—nd Baron of Clougrenan in Ireland and one of the Lords of his matys most Honourable Privy Councell for the said Kingdome and Baron of Weston in England The Right honble Heneage Lord â—inch Baron of Doventry Lord High Chancellor of England â— a The Rt. honble Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of the Bath Bart. was in the 3d of K. Ch the ist created to the sd. Dignity The Right Honourable Coecilius Coluert Baron Baltemore de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of the Provinces of Maryland and Avalon in America The Right Honourable William Lord Allington Baron of Killard in the Kingdome of Ireland The Right Honourable Iohn Lord Baron of KingstoÌ„ Ld President of the Province of Connaugh Comissary generall of ye. Horse for his matys Army in Ireland and one of the Lds of his matys most honble Privy Councell for â—he said Kingdome plerumque ridicula for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur It may leave some use and serve turn in Schools but it is too light for Judgment in Law and for the Seats of Justice Thomas Aquinas setteth down a more certain Rule In vocibus videndum non tam a quo quam ad quid sumatur and words should be taken sensu currenti for Use and Custome is the best Expositor of the Laws and Words quem penes arbitrium est jus norma loquendi in the Lord Chancellor's Speech in the Case Postnati fol. 61. And forasmuch as the word may aptly be applyed to import men of strength Bracton as before appeareth not unaptly useth the signification thereof in these words Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli The Antiquity of the Dignity of Barons and the sundry uses of the Name IT seemeth that the Dignity was more ancient than the Name for in the ancient Constitutions there is no mention made of the name of Barons howbeit the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores and afterwards called Capitanei For of the Valvasors which are thought to be the Barons Valvasores Minores and Valvasini or Valvasores Minimi The like Dignity before the Conquest had those which of the English-Saxons were called Thaines Mills fol. 28. saith Barons were in France from the beginning nevertheless the name of Baron was not much used in this Kingdom until the Norman Conquest after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons For as they in general and large signification did sometimes use the same to the sense and meaning and import of a Freeman born of a Free Parentage or such like So did the Normans use the word Baron and therefore called their best esteemed Towns and Boroughs by the name of Barons And so the Citizens of London were called Barons Londonni divers ancient Monuments of whom also Britan. maketh mention fol. 272. lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons And the Barons of Warwick in the Record of Domesday and unto our time the Free Burgesses of the Five priviledged Ports and for that also divers of the Nobility of Barons as well Spiritual as Temporal did in ancient time sit in the Exchequer to determine the matters there arising The Judges of that Court have been time out of mind called Barons of the Exchequer And â—â—lliam de la Poole was created a Baron by King Edward the Third and made Lord Chief Baron of the Exchequer Moreover as the English Saxons had two kinds of Thaines the like hath been observed as touching Barons â—or the King and the Monarchs of the Realm have their immediate Barons being the Peers of the Realm And in like manner certain others of the Nobility especially the Earls which have Jurisdiction Palatine and Earls-Marshal whose Countries have confined upon the Coasts of the Enemy and had under them for their better defence a kind of Barons as namely under the County Palatine of Chester were these Barons viz. the Barons of Hilton Mountale Molebanck Shipbrooke Malpas Massa Kinderton Stockport c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales and therefore the Earl thereof being an Earl-Marshal had also under him his Barons as by the Parliament Rolls 18 Edw. 1. doth appear It hath been therefore a common Opinion received That every Earldom in times past had under it Ten Barons and every Baron Ten Knights Fees holden of him and that those which have Four Knights Fees were usually called and promoted to the Degree of a Baron Also Lords and Proprietors of Mannors were in respect of them in ancient remembrance called Barons but absolutely and the Courts of their Mannors called thereof Courts Barons It resteth now for the more explanation of the use of the name of Barons that we call to remembrance that which hath bin afore spoken That the Custome of our Country is that if a Baron be created Earl the eldest Son of the said Earl taketh upon him in the life time of his Father the Name and Title of the Barony although he want the priviledges belonging to a Baron The Tenor and proper signification of the word Baron BArons Honourable are of three kinds viz. by Tenure by Writ and by Creation or Patent As for Barons by Prescription which some men have spoken of they are intended to be all one with the Barons by Tenure or those whose Ancestors time out of mind have been called to Parliament by Writ for otherwise there are no such to be found as Barons by Prescription only CHAP. X. Barons by Tenure BArons by Tenure are those which do hold any Honour Castle or Mannor as the head of their Barony per Baroniam which is Grand Serâ—eanty And those Barons by Tenure are of two sorts Barons Spiritual by Tenure and Barons Temporal by Tenure Of Barons Spiritual by Tenure sufficient is said whereunto may be added That it appeareth by all the ancient Writers of our Law as Brittan Glanvile Bracton and the rest that the Archbishops and Bishops of the Realm in the ancient Saxons days as well during the time that the Realm was divided into divers Kingdoms as also after the uniting of them into one Monarchy were called to Parliament or Assemblies of State as Wisemen not so much in respect of their Tenure for in those days all their Tenures were by a Frank Almoigne but especially for that the Laws and Counsels of men are then most currant and commendable and have a more blessed Issue and Success where they are grounded upon the Law of God the Root and Beginning of
Baron which always stands afterwards for the head place of the Barony whereof the said Baron and his Heirs shall be surnamed and called and shall continue that name of place although he do alien away the same as aforesaid Some others are named with the Title of Lord as Sir Hugh Bramsteed by Writ of the 27 th of Henry the Sixth was styled Lord Veysey Iohan. Beauchamp Domino de Beauchamp Iohanni Domino de Clynton To some others the Writ is directed only by their Name without any addition of place or dignity as William de Lovell Mil. William Devereux Mil. c. But the Nature Quality and Addition of those Barons by Writ is aptly discovered by the debate of a Question moved often amongst men and spoken of concerning the continuance and descent of a Barony by Writ which Question for the more orderly disposition thereof I shall divide into these Heads or Points Question First Whether a Barony by Writ may descend from the Ancestor to the Heir or not Secondly Admit such a Barony may descend then Whether it doth descend to the Heirs although not so near as the Heir Female Thirdly Admit it doth descend to the Heirs Female then Whether may the Husband of such an Heir Female take upon him the Name Style and Dignity of such a Barony in right of his Wife or no Those therefore that maintain the Negative that such a Barony shall not descend do strengthen themselves with these or the like Arguments viz. The first Argument Whether a Barony by Writ may descend Nobility and Honour which are given in respect of Wisdom Connsel and Advise cannot extend to any other person or descend from one man to another for it is a Rule in Law That Privilegium personae personam sequitur extinguitur cum persona But such is the Dignity of a Baron therefore it is reason that it should not descend from the Ancestor to the Heir The second Argument Again If the calling of the Parliament by Writ be the sufficient instrumental cause of such Nobility to the Ancestor the not calling of the Heir is a loss of that Nobility For if the Heir have defects of Nature in him as Idiotsie Frensie Leprosie or the like whereby he is become unfit for Counsels and Conversations for what reason should he enjoy that Dignity whereof he is either unworthy or uncapable for the effect hath no place where the cause faileth and hereof they conclude that such Dignities of Baronies by Writ should not descend If on the contrary part the Affirmation is thus proved Honour which is given in respect of Wisdom and Vertue of him on whom it was first bestowed is not only a due recompence for himself whilst he lived but also a memorable Reward thereof to Posterity The words of Cicero to this effect are most excellent Homines bonos semper nobilitate favimus quia utile republicae est nobiles esse homines dignos majoribus suis quia valere debet apud nos claros hujusmodi senes fuisse è republica moveretur memoria mortucrum Honor. Therefore this kind of Honour is Patrimonial and Hereditary for things which are once granted unto a man by the King for his Honour are not again to be returned to his loss and disgrace or to his Heirs The second Argument Secondly If the Infamy of the Father be a blot to the Posterity as the Wiseman Solomon affirmeth The Children complain for an ungodly Father they are reproved for his sake and for that also the Law of the Realm doth corrupt the blood of the Posterity by and upon the Offence of the Ancestor Reason would also be that the Honour of the Ancestor should be likewise Honour to the Posterity for contraries do also carry their contrary Reason For the determination whereof 't is to be noted that diversity of Reason hath bred diversity of Opinion Some there are that do speak That the Dignity of a Baron by Writ is not discendable from the Ancestor unto the Heir unless the Heir be likewise called by Writ to Parliament and that then it becometh an Inheritance and not before But this Assertion is repugnant to the nature of Descent which for the most part doth carry a Patrimony descendable by act of Law presently upon the death of the Ancestor unto the Heir not at all Wherefore the Custom of the Country and the manifest Presidents do prove that this kind of Baronies doth descend from the Ancestor to the Heir and there needeth not any word of Heir in the Writ of Summons only one President there is in a special Writ sometime directed to Sir Henry Bromfleet in the 27 th of Henry the Sixth wherein he was styled Lord Veysey and wherein there are these words inserted Volumus tamen vos haeredes vestros de corpore vestro ligitime enatos Barones de Veysey existentes Wherefore it is very true that when the Heir of any such Baron by Writ is called to the Parliament that his Descent of Honour is thereby established and approved of by the gracious Judgment of our Sacred Sovereign So it is also true that if it shall stand with his Majesties pleasure that such an Heir shall not be summoned at all then that Nobility is much impaired and in a manner extinguished in the censure of all men for that it hath no other original but by a Writ of Summons from the which by the Judgment of the Supream Sovereign he is excluded As to the second principal point Whether the Barony by Writ may descend to the Heir Female it shall not be amiss likewise to shew the Reasons on either part that by conflict of Argument the truth may the better be discovered Those that maintain the Affirmative part do say That in reason the Sex of the Heir Female ought no more to barr her Dignity than the Nonage of the Heir Male ought to barr him though during his Nonage he be unable to do the Service But as the Service of the one is for time forborn so the Sex of the other may at all times be supplied by the maturity of her Husbands Offices of Honour which do much import the Commonweal being passed by Inheritance do descend to the Heir Female as the Office of the High Constableship of England which descended unto the Daughter of Hum. de Bohun Earl of Hereford and Essex Also the Office of the Lord Steward descended to Blanch Daughter of Henry Earl of Lancaster The like may be said of the Office of Earl-Marshal which descended by an Heir Female to the House of Norfolk All which Offices are as unsit to be exercised by a woman as for a Woman to be summoned by Writ to the Parliâ—ment as a Baroness c. Many Noble Houses also in England do support and lawfully bear the Dignity of a Baronage unto them descended by a Woman The first Argument contra They which stand of the Negative part in this Controversie do encounter their
Parliament by Writ as Baron such Heir Male omitting the Husband of the Issue of such Heir Female And this also appeareth by a notable Controversie in the time of Henry the Seventh between Sir Robert Willoughby Lord Brook and Richard Lord Lattimer for the Barony of Lattimer which in effect was The said Lord Brook did challenge the Barony of Lattimer as Coâ—in and Heir of Elizabeth his Great-grandmother who was Sister and Heir of Iohn Nevill Lord Lattimer who died without Issue And hereupon exhibited a Petition to Henry the Seventh in Parliament whereunto Richard Lord Lattimer was called to answer because he then enjoyed the said Title and Dignity The said Richard Lord Lattimer did by his Answer shew That after the death of the said Iohn Nevill Lord Lattimer without Issue the said Elizabeth was his Sister and next Heir and married unto Thomas Willoughby Knight second Son of the Lord Willoughby But Henry the Sixth for that the said Iohn Nevill Lord Lattimer was dead without Issue and that the next Heir was Female did therefore call to the Parliament George Nevill Knight second Son of Henry Earl of Westmoreland to be Lord Lattimer as Cosin and next Heir Male of the said Iohn Nevill Lord Lattimer which George was Grandfather of the said Richard Lord Lattimer Father of the said Richard In debate of which cause the Question now in hand namely Whether a Barony by Writ may descend to the Heirs Female was advisedly considered of by the King and his Nobility in Parliament and in the end adjudged with the said Richard Lord Lattimer which President doth afford us two Judgments in this point And in the time of Henry the Sixth when the Writ was directed to the said Sir George Nevill Knight whereby he was summoned as Lord Lattimer to the Parliament and as Heir Male and not the said Thomas Willoughby Knight husband of the said Elizabeth Heir Female And the second Judgment was given in the time of Henry the Seventh whereby the said Barony was adjudged to the said Richard Lord Lattimer coming out of the special Heir Male against the Lord Brook descended of the general Heir Male. But here in this President before remembred of the Barony of Dacres may be objected to encounter this Conclusion for there was an Heir Female married unto Sir Richard Fines who by the Declaration of King Henry the Sixth was Baron of Dacres in right of his wife And there was also Ralph and Humphrey the Heirs Males before whom the Heir Female was preferred by the censure of Henry the Sixth and Edward the Fourth This Objection is easily answered for although Henry the Sixth through the Princely favour which he bore unto Sir Richard Fines had declared him to be Lord Dacres in right of his wife yet notwithstanding did Ralph Dacres being Heir Male then unto the Lord Dacres and by that name was attainted in Parliament Anno primo Hen. 4. Wherefore the reason why the Heir Male could not be regarded was the said Attainder of the said Raâ—ph and Humphrey his brother and therefore when Humphrey in the 12 th of Edward the Fourth laboured to have the said Attainder Reversed he submitted himself to the Arbitrement of the King who to satisfie both Competitors both having deserved of him after he had admitted them to his favour he allowed one to be Lord Dacres and the other to be the Lord Dacres of Gillesland And thus much concerning the second Point Whether a Barony by Writ may descend unto the Heir Female The third Point As concerning the third Point admitting such Descent to be to the Heir Female when there is no Heir Male that may claim the same for then doth this Question take place Whether the husband of such an Heir Female shall enjoy the Dignity in right of his wife or no Wherein we are to rest upon a Resolution had and given to this special Question which was in this manner In the time of Henry the Eighth when Mr. Winby took upon him the style of Lord Talbois in right of his wife having no Issue by her The said King assisted both by Civil and Temporal Lawyers gave Sentence That no husband of a Baroness in her right should use that Style and Dignity until he had by her a Child whereby she should become Tenant by Courtesie unto her Inheritance The special Reasons that occasioned this Sentence were two First It should be convenient for her husband this day to be a Baron and a Peer of the Realm and to morrow by the death of his wife to become none and without the default of the party Secondly If he had Issue by wife and were entituled to be Tenant by the Courtesie of England of his wives Lands if he shall not also bear the Style and Dignity of his Wives Barony then should the Son after the death of his mother dying in the life time of his father be a Baron and Lord without Land for so the father should have the Land as Tenant by Courtesie and the Son the Lordship without Land And thus much said concerning the Nature Quality and Estate of a Baron by Writ and for the Resolution of the several points and Articles of the Question proposed may suffice CHAP. XII Barons by Patent which is the third kind of Barons mentioned in the former Division of Barons THere is also a fourth means of Creation viz. by Act of Parliament but the first two mentioned and this other by Patent is most usual for the Honour of the King for thereby the Donation doth proceed from his Majesty only as from the Fountain of Honour But when the Creation is by Parliament the King ever is one and may be said to be Donor A Baron therefore by Creation by reason of Letters Patents is that noble Person whom the King or any of his Progenitors Kings of this Realm have created Baron by such their Letters Patents began in the Reign of King Richard the Second This kind of Dignity of a Baron shall be of such continuance in Descent or otherwise as shall be limited in the Habendum in such Letters Patents contained for it may be but for the life of him to whom it is given or for term vanter vie as some hold Opinion in the 32 of Hen. 6. for cujus est dare est disponere It may be in special in our general Tayl and this kind of Tayl was usual before the Statute made decimo tertio of Edw. 1. by which Estate Tayl of Lands and Tenements was created as appeareth by the Patent whereby Hubert de Burgo was made Earl of Kent in the time of Henry the Third by these words Habendum sibi haeredibus suis de corpore Margaretae uxoris sui sorors Alexandri Regis Scotiae procreatis pro defectu talis exitus remanere in directis haeredibus dicti Huberti And that Estates intayl are at this Day of Titles of Honour by the said Statute of Westminster the second Question If a
those ancient Fees in the time of Henry the Third and Edward the Fourth at this day do amount unto most men are not unskilful in Coke's seventh part 33. And in Cases of Decay of Ability and Estate as Senatores Romani amoti Senatu so sometimes they are not admitted to the Upper House of Parliament though they still keep their Title and Dignity Sir Thomas Smith de Republica Aâ—glorum 22. and by the Statute made 31 Hen. 8. cap. 10. the Lords have their places prescribed after this manner as followeth viz. These four the Lord Chancellor the Lord Treasurer the Lord President of the Council and the Lord Privy Seal being Persons of the Degree of a Baron or above are in the same Act appointed to sit in Parliament and in all Assemblies and Councils above all Dukes not being of the Blood Royal viz. the King's Uncle Brother and Nephew And these six viz. the Lord Great Chamberlain of England the Lord High Constable of England the Lord Marshal of England the Lord Admiral of England the Lord High Steward of his Majesties Houshold and the Lord Chamberlain also of his Mâ—jesties Houshold by that Act are to be placed in all Assemblies of Council after the Lord Privy Seal according to their Degrees So that if he be a Baron than he is to sit above all Barons or if an Earl above all Earls And so likewise the King's Secretaries being Barons or Earls have place above all Barons or Earls PRIVILEDGES Incident to the NOBILITY According to the Laws of England CHAP. XIII WHEN a Peer of the Realm and Lord of the Parliament is to be Arraigned upon any Trespass or Felony whereof he is indicted and whereupon he hath pleaded Not Guilty the King by his Letters Patens shall assign some great and sage Lord of the Parliament to be High Steward of England for the day of his Arraignment who before the said day shall make a Precept to his Serjeant at Arms that is appointed to serve him during the time of his Commission to warn to appear before him Eighteen or Twenty Lords of the Parliament or Twelve at the least upon the same day And then at the time appointed when the High Steward shall be set under the Cloth of Estate upon the Arraignment of the Prisoner and having caused the Commission to be read the same Serjeant shall return his Precept and thereupon the Lords shall be called and when they have appeared and are set in their places the Conâ—â—able of the Tower shall be called to bring his Prisoner to the Barr and the High Steward shall declare to the Prisoner the cause why the King hath assembled thither those Lords and himself and perswade him to answer without fear and then he shall call the Clerk of the Crown to read his Indictment unto him and to ask him if he be Guilty or not whereunto when he hath answered Not Guilty the Clerk of the Crown shall ask him How he will be tryed and then he will say By God and his Peers Then the King's Serjeant and Attorney will give Evidence against him whereunto when the Prisoner hath made answer the Constable shall be commanded to receive the Prisoner from the Barr to some other place whilst the Lords do secretly confer together in the Court and then the Lords shall rise out of their places and consult amongst themselves and what they affirm shall be done upon their Honour without any Oath to be ministred upon them And when all or the greatest part of them shall be agreed they shall retire to their places and sit down Then the High Steward shall ask of the youngest Lord by himself if he that is Arraigned be Guilty or not of the Offence whereof he is Arraigned and then the youngest next him and so of the residue one by one until he hath asked them all and every Lord shall answer by himself And then the Steward shall send for the Prisoner again who shall be led to the Barr to whom the High Steward shall rehearse the Verdict of the Peers and give Judgment accordingly The Antiquity and Original of this kind of Tryal by the opinion of several Authors is grounded from the Statute of Magna Charta so called not in respect of the quantity but of the weight of it Coke to the Reader before his eight part fol. 2. cap. 29. beginning thus Millus liber homo c. nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum But I take it to be more ancient than the time of Henry the Third as brought into the Realm with the Conqueror being answerable to the Norman and French Laws and agreeable with the Custom Feudale where almost all Controversies arising between the Sovereign and the Vassal are tryed per Iudicium parium suorum And if a Peer of the Realm upon his Arraignment of Treason do stand mute or will not answer directly Judgment shall be given against him as a Traytor Convict and he shall not be prest to death and thereby save the forfeiture of his Lands for Treason is out of the Statute of Westminster 1. chap. 12. 15. Ed. 4. 33. Dyer 205. But if he be Arraigned upon Indictment of Felony he may be mute This priviledge hath some restraint as well in regard of the person as in the manner of proceeding As touching the person first the Archbishops and Bishops of this Realm although they be Lords of the Parliament if they be impeached of such offence they shall not be tryed by the Peers of the Realm but by a Jury of Knights and other substantial Persons upon their Oaths the reason thereof alledged is so much as Archbishops and Bishops cannot pass in the like cases upon Peers for that they are prohibited by the Common and Ecclesiastical Laws to be judged of Life and Blood Reason would that the other Peers should not try them for this Tryal should be mutual forasmuch as it is performed upon their Honours without any Oath taken And so by the way you may see the great respect the Law hath to a Peer of the Realm when he speaketh upon his Honour even in a case concerning the life of a man and that of a Peer and therefore ought they much more to keep their Words and Promises in smaller matters when they engage their Honour for any just cause or consideration Secondly as touching these persons no Temporal Lords but they that are Lords of the Parliament shall have this kind of Tryal and therefore out of this are excluded the eldest Son and Heir apparent of a Duke in the life of his Father though he be called an Earl And it was the case of Henry Howard Earl of Surrey Son and Heir apparent to Thomas Duke of Norfolk in 38 Hen. 8. which is in Brook's Abridgment Treason 2. Likewise the Son and Heir apparent of an Earl though he be called a Lord. And all the younger Sons of Kings are Earls
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right
Honour deported themselves after the manner of Military Knights of those days To look further back ancient Histories do take notice of the Amazons of old whose Fame in Arms is sufficiently known Although Noble women may not sit in Parliament in respect of their Sex yet they are in Law Peers of the Realm and all or most of the prerogatives before mentioned which to the Noblemen are belonging do appertain unto them But the Opinion of some men have been That a Countess Baronness and other women of great Estate cannot maintain an Action upon the Statute de Scandalis magnatum because the Statute 2 Rich. 2. speaketh but of Prelates Dukes Earls Barons and of the Chancellor Treasurer Privy Seal Steward of the King's Houshold and other Nobles great Officers of the Realm by which words they conceive that the meanings of the Makers of that Statute was only to provide in that case for Noblemen and not for Noble women Also if any of the King's Servants within the Check-Roll do conspire the death of any Noble woman it is not Felony within the compass of the Statute 3 Hen. 7. 18. Honourable women as before noted are of three sorts by Creation by Descent and by Marriage And the King may create any woman into any Title of Honour at his pleasure and the King by his Letters Patents openly read in Parliament without any other Investure did create Mary Fane Widow the sole Daughter of Baron of Aburgaveny Baronness de le Spencer Noble women by Descent are either those to whom the Lands holden by such Dignity do descend as Heir and they are said to be Honourable by Tenure or by whose worthy Ancestors to whom they were Heirs was seized of an Estate descendable to them in their Titles of Dukedoms Earldoms or Baronies or those whose Ancestors were summoned to Parliament for hereby also Inheritance doth accrew to their Posterities Noble women are also those who do take to their Husbands any Lord or Peer of the Realm although they themselves were not of any degree of Nobility Question and doubt hath been made Whether if a man be summoned to Parliament and afterwards die without Issue Male the Dignity and Title of Honour may descend to the Heir Female And many Arguments have been pro contra in that case which at this time I purposely omit because I have before discoursed thereof in the Chapter of Barons Concerning the Title of Honour descendable to the Heir Female by reason of a Tenure of her Ancestors there needs no more doubt to be made than of Offices of Honour the which do much support the publick wealth and being of Estate of Inheritance do descend to the Heir Female if there be no nearer Heir Male As the Office of High Constableship of England challenged in the time of Henry the Eighth by the Duke of Buckingham and adjudged by the Advise and Resolution of the Judges as by a note of that Case extant whereof Dyer in his Reports hath a memorial 205. b. Kelway the Sixth of Henry the Eighth 170. b. which descended to the Daughter of Humphrey de Bohune Earl of Hereford and Essex as before is declared The Office of the Lord Steward descended to Blaunch Daughter of Henry Earl of Lancaster in whose right Iohn of Gaunt her Husband enjoyed the same The like may be said of the Office of Earl-Marshal which descended by an Heir Female unto the House of Norfolk All which Offices are as unfit to be exercised by a Woman as for a Woman of Honour to be summoned to the Parliament And when a Title of Honour doth descend to a Woman if question in Law do arise between the said Noble woman and any other person whether she be of that Degree of Nobleness or no the Issue shall be tried by the Record thereof and by the King 's Writ it shall be certified and not by a Jury of twelve Men even as it should have been in case her Ancestor had been party Although the Laws of the Realm regularly do make all the Daughters where there are no Sons equally to inherit Lands and Tenements and to be but one Heir to their Ancestor yet it is not so in the descent of Dignity and Titles of Honour for Inheritances concerning matter of Honour being things in their nature participating of Superiority and Eminency are not partable amongst many and therefore must of necessity descend unto one and that is to the eldest Daughter Sister Aunt or Cosin Female and inheritable where there is no Heirs Males that may lawfully challenge the same And so in this point is the Civil Law Nevertheless there was a Judgment in the time of Henry the Third touching the descent of the Earldom of Chester after the death of the Earl who died without Issue his Sisters being his Heirs which Judgment was That the said Earldom should be divided amongst the said Copartners as the other Lands and that the eldest should not have it alone But this Judgment was holden Erroneous even in those times wherein it was given For Bracton a Learned Judge who lived in that Age writeth thereof treating of partition between Copartners lib. 2. Case 24. by which it is evident That Baronies and Dignities of Honour do by the Laws of this Realm descend unto the eldest Copartner and the Judgment given once to the contrary thereof Bracton doth rightly account to be unjust His Reason is notable Forasmuch as the Honour of the Chivalry of this Realm doth chiefly consist in the Nobility Reason would not that such Dignity should be divided amongst Copartners whereby through multitude of partitions the reputation of Honour in such Succession and so divided might be impaired or the strenght of the Realm being drawn into many hands with decrease of livelyhood by such partition should be infeebled In which Resolution Britton the Learned Bishop of Hereford who compiled his Book of the Laws of this Realm by the Commandment and in the Name of Edward the First accordeth Britton 187. And therefore howsoever the Judgment was given or whensoever it is nevertheless very evident that it was soon redressed For if it were given upon the death of Ralph the last of that Name Earl of Chester who died about the Seventh of Henry the Third without Issue the Writers of that time do testifie that the Earldom of Chester came wholly unto Iohn Scott the Son of David Earl of Huntington and Auguish and Maud the eldest Sisters of the said Ralph if it were given upon the death of the said Iohn Scott who died about the Four and twentieth of Henry the Third without Issue yet notwithstanding the said Judgment stood in force for that the said King assumed the Earldom into his own Hands upon other satisfaction made to the said Sisters Copartners of the said Iohn Scottâ— Ne tanta haereditas inter colos deduceretur Matth. Paris Monaster Sancti Allane in Crompton fol. 366. b. Nevertheless you may read in this Treatise of
Cooke of Kingsthorp in Northampton shire Gent â— Sr. Thomas Player of Hackney in Middlesex Knight Chamberlaine of the Citty of London Sr. Iohn Berkenhead Knight Master of Requests to his Majesty and Master of the Faculties and one of the members of the Honourable house of Comons Sr William Drake of Amersham in the County of Bucks Knight now maried to Elizabeth daughter of the honble â— â— Mountâ—gu Lord cheife Baron of his matys Court of Exchequer Sr William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations Sr. William Waller of Winchester in Hantshire K descended from Richard Waller of Groombridg in Kent Esqr. who at the battle of Agencourt took Ioâ— Duke of Orleanse Prisoner and brought him to Groombridg whâ—re he remained a Prisoner 24 yeares and in memory of the Action it hath bin ever since allowed to the family to beare hanging on their Antient Crest the Armes of the said Duke Sr William Hustler of Acklam in Cleaveland in The County of York Kt Sr. Joseph Sheldon of the Citty oâ— London Kt. Alderman Lord Mâ—j therof Anno 〈◊〉 Sr. Robt. Hanson of the Citty of Londoâ— Knight and Alderman Lord Major thereof Anno 1673 Sr. Iohn Maynard of Gunnersbury in the Parish of Ealing in the County of Midlesex Knight sergeant at Law to his Majesty King Charles the second S â— Iohn Shortâ—r of the Citty of London Kt. and Alderman now maried to Ezabeâ— daughter of Iohn Birkhead of Ristwhait 〈◊〉 yâ— parish of Crostwhait in Cumberland Gen â— Robert Peyton of East Barnet in ye. County of 〈◊〉 Kt. descended of ye. Antient Family of ye. Peytonâ— Cambridgshire noâ— Maried to Iane Daughter and 〈◊〉 heyrs of Lionell Robison of Couton in York shire Esq. Sr. Edward Lowe of new Sarum in Wiltshire Kt. one of the Masters of the High Honourable Court of Chancery Sr. Iohn Iames of Wiâ—â—borow in Kâ—nt Kt. dâ—scended of ye. â—ntiâ—â—â— And Sâ—râ—ading Family of ye. Iamâ—â—is Who Transplâ—nted Themseluâ—s out of Cleâ—â— in Germaâ—y into England About ye◠〈◊〉 of yâ—â—â—igne of K. 〈…〉 Family Sâ—◠〈◊〉 in Tâ—â— Body of yâ— Book Sâ—ction Chap 1 Thâ— Sâ—S Ioâ—n is â—â—w Maried to Mâ—â—y dâ—ughtâ—r of Sr. Robert Kiâ—â—eâ—râ—w of Haâ—worth in Middleâ—â—â— Kt. desâ—â—ed 〈◊〉 Câ—â—mâ—erâ—â—n to yâ— Late Queen Mother 〈◊〉 Hon Sr. Robert Bâ—oth of Salford in Lâ—â—câ—shire K â— â— chife Iustice of 〈◊〉 Matâ—s Court of Comâ—n pleas in Ireland one of his Ma â—â—â— most Hon priâ—â—â—â—â—ncell for yâ— S d Kingdome Grandchild heyre of Humfry â—ooth of Salford 〈◊〉 Gâ—n whose Châ—ritable works 〈…〉 his name of w â— see more in â—â—â—dy of yâ— Bocke sâ—e 3 chapt. 1â— The Sd. Sâ—r. Robert was first maried to mary â—â—â—ghter heyre of Spencer Poâ—ts of Chalgraye in Bedfordshire Esq 〈…〉 to Susanna Daughter of Sr. 〈…〉 of Dean in East Kent Kt. Aâ—â—soâ— Dâ—ceased Sr. Charles Pitfeild of Hâ—xton in the Parish of St. Leonard â—horditch in Middlesex Kt. Descended of the Antient family of the Pitfeilds of â—umâ—nâ—sâ—ry in Dâ—rsâ—tshireâ— is now maried to Winefrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Esâ— Sr. Thomas Middleton of Stansted Mount Fichit in ye. County of Essex Kt. now maried to Mary ye. Relict of Thomas Style Esq Eldest Son of Sr. Thomas Style of Waâ—ering bury in yeâ— County of Kent Bar â— and only Daughter of Sr. Stephen Langham of the Citty of London Kt. Sr. Francis Theobald of Barking hall in Suffolk Kt. a great Lover of Lerning fautor of Lerned men in Soemuch that Dr. Castle in his Polygâ—oâ— Lexicon makes This mention of him yt. he is harum Linguarum Callentissimus Sr. Robt. Hardinge late of Kings-Newton in the Parish of Melborne in Darby-shire Nâ—w of Grais Inn in Middle â— Kt. his matys Attorney of all his Forests c. from Trent Northward's a great sufferer for there matys King Charles the first second Hee Maried Anna eldest daughr. of Sr. Richard Sprignell of Hâ—gate in Middlesex Bar â— Deceased Sr. Io. Kirke of East Ham in Esex Kt. one of the Band of Gentleman Pentioners to his matyâ— King Charles the 2d. which sd. Sr. Io. and his family hath been very actiue for the Servi c â— of there King and Country in particular at Canade in America Sr. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight Sr. William Beversham of Holbrookhall in Suffolk Knight one of the Masters oâ— the High and Honourable Court of Chancery And it was anciently ordained That all Knights Fees should come unto the eldest Son by succession of Heritage whereby he succeeding his Ancestor in the whole Inheritance might be the better able to maintain War against the King's Enemies or his Lords and that the Soccage of Freehold be partable between the Male Children to enable them to encrease into many Families for the better encrease of Husbandry But as nothing is more unconstant than the Estates we have in Lands and Livings even so long since these Tenures have been so indifferently mixt and confounded in the hands of each sort that there is not now any note of difference to be gathered by them Lambert Peramb of Kent 10. Et quia tale servitium forinsecum non semper manet sub eadem quantitate sed quandoque praestatur ad plus quandoque ad minus ideo eo quantitate Regalis servitii qualitate fiat mentio in charta ut tenens certum tenere possit quid quantum persolvere teneatur And therefore the certainty of the Law in this case is That he that holdeth by a whole and entire Knight's Fee must serve the King or his other Lord forty days in the Wars well and sufficiently arrayed and furnished at all points and by twenty days if he hold by a moiety of a Knights Fee and so proportionable And in the Seventh of Edw. 3. 246. it was demurred in Judgment Whether Forty days shall be accounted from the first day that the King did first enter into Scotland but it seemeth that the days shall be accompted from the first day that the King doth enter into Scotland because the Service is to be done out of the Realm And they that hold per Regale servitium are not to perform that Service unless the King do also go himself into the Wars in proper Person by the Opinion of Sir VVilliam Earle Chief Justice of the Common Pleas Irium Sept. Edw. 3. 246. but vide 3 Hen. 6. tit Protection 2. in which Case it was observed That seeing the Protector who was Prorex went the same was adjudged a Voyage Royal. Also before the Statute de quia emptores terrarum which was made decimo octavo Edw. 1. the King or other Lord had given Lands to a Knight to hold of him by Service and Chivalry scil to go with the King or with his Lord when the King doth make a Voyage Royal to subdue
illis some Knights were returned upon every Venire Facias By the Statute of Magna Charta cap. 12. It is ordained that Assizes of Novel Disseison and Mortdancester should not be taken any where but within the Countries where they happen by the Justices of Assize and the Knights of the Shire vide Westminster 2. chap. 30. And by the Seven and twentieth of Edward the First chap. 30. de finibus levandis amongst other things it is enacted That for the utility of the Realm and the more assured conservation of the Peace the Justices assigned to take Assizes in all Shires where they take Assizes as it is ordained immediately after the Assizes taken in the Shires shall remain both together if they be Lay and if one of them be a Clerk then one of the most discreet Knights of the Shire being associated unto him that is a Lay-man by our Writ shall deliver the Goals of the Shires as well within the Liberties as without of all manner of Prisoners after the form of the Goal Delivery of those Shires beâ—ore time used Also in the Statute of Westminster 21. cap. 38. de non ponendis in Assizis Iuratis it is provided that the said Statute shall not extend to Grand Assizes in which it behoveth many times Knights to pass not resident in the County for the scarcity of Knights so that they have Lands in the Shire And by the Law Knights having Land may be returned upon Juries in ordinary Trials between party and party as other Freeholders may be And therefore in a Challenge to the great Assize under Edward the Third one was challenged pur ceo qu'il fait abaner or as the Abridgment hath it a Baronet but it was not allowed and the Reason is given Car s'il soit à Baner ne tient pas per Baronie il serra en l'assise Of the double parity of England that is of Barons and all Dignities above them being Peers of the Realm and all other under them are Peers amongst themselves for notwithstanding that Dignity of Knighthood they are reckoned amongst the Commons And we daily see that Knights do serve in Parliament as Members of the Commonalty Nevertheless the Sheriff in his discretion will not impannel Knights but in special and great Causes As in Cases of Indictments of a Peer of the Realm they are to be enquired and found by Knights and Esquires though their Trial shall be only by their Peers And in 38 Hen. 8. Henry Howard Earl of Surrey Son and Heir apparent of Thomas Duke of Norfolk was attainted of High Treason and was tried also by Knights Esquires and Gentlemen and not by Lords or Peers of the Realm because he was not of that Dignity by Creation Since the use of making every Earl first a Baron of some place which began as most Writers treat about the time of Henry the Eighth it hath been a Custome to style their Heirs apparent Lords and Barons with the Title of their Father's Barony when Viscounts or Baron's Heirs apparent are only styled Esquires but this is only a piece of Civility and of meer fashion yet it is allowed of in Heraldry with whom the Rule is That the eldest Son of every one of a created Degree is as of the next Degree under him which may be applied to Dukes Earls and the like But in Legal Proceedings they enjoy no such matter nor have by their being Heirs Apparent any Prerogative of the greater Nobillty And in case where a Peer of the Realm is party Plaintiff or Defendant in any Action or Suit if the Sheriff do not return one Knight at the least to be of the Jury the said Noble Person may Challenge and for that only cause quash the whole pannel By the Statute of Carlisle 15 Edw. 2. it was enacted That he who levied a Fine should appear in proper person to the intent that his Age Idiocy or other defect might be discovered by the Judges Nevertheless upon Impotency whereby he cannot come in Court two or one of the Justices by the consent of the rest of the Justices shall go unto him and take his Recognizance and if but one of them go he shall take a Knight with him and shall certifie it in the Bench of Record to the intent that all things incident to the fine be examined by them and then the fine may be levied But after this good Statute a worse Custom and Use hath come in place For by a Dedimus potestatem out of Chancery to one Knight and to a Justice of the Peace of the County in such cases is procured and directed to a Knight and two others who perhaps be neither Knights nor Justices but perhaps men of small estimation and unto two or three of them without saying Quorum the Knight shall be one and two of them without the Knight have taken the Recognizance of the Fine ibid. 101. b. But great prejudice this practise of omitting the interposing of the usual Service of Knights in this behalf hath been to many and scandalous to the Law of the Land they sometimes taking Recognizances of a Fine from a Feme Covert as if she were sole and many times acknowledged by Justices If a Tenant do lay an Essoin de morbo lecti he may have a Writ out of the Chancery to warrant it by which it shall be commanded to four Knights to view him and if they see him sick then they are to give him day to the end of a year and a day Note the Register fol. 177. b. Quod Coronator non elegatur nisi sit miles in c. juxta formam Statuti Westm. 1. cap. 10. It is a received Opinion that Knights are excused from attendance at Leets and Britton 29. 36. is cited to prove it And by a large understanding of the intent and meaning of the Statute of Marlbridge chap. 10. For the ancient Common Law had such respect to the Degree of Knighthood that they nor their eldest Sons were compelled to find Pledges in the Leet or Law-days for the Statute of Marlbridge aforesaid was not Introductiva novae Legis for it was before the Conquest And the Common Law is not by this Statute abridged And by the Book called the Mirror of Iustice mentioned in the Preface to Coke's ninth part it is said that Knights are excepted And so it appears that the practice was as well before as immediately after the making of that Statute of Marlbridge and Interpretatio Practica is a principal way and form of Interpretation of Laws The Lord Chancellor's Speech in the Case of Postnati fol. 58. And in Divinity Praxis sanctorum est interpretatio praeceptorum ibid. 66. But a Knight and all Superiors and Inferiors are bound by Law to attend the County or Sheriffs Court wherein he dwelleth and at his peril to take notice of the proceedings thereof For if a Man be Outlawed of Felony at a County Court and one of the same County not
the Desert after the Example of St. Anthony the Hermit and Patron of this Empire and bestowed upon these Knights great Revenues and many Priviledges And thus being instituted they received the Rule of St. Basil submitted to his Constitutions wore a black Garment and for their Ensign a blew Cross in form of the Letter T. Their chief Seat was in the Isle of Meroe where the Abbots both Spiritual and Temporal resided but in many other parts of AEthiopia they have or had great store of Monasteries and Convents with about two Millions of yearly Revenue These Knights vow to defend the Christian Religion to yield Obedience to their Superiors to observe Conjugal Chastity not to Marry or receive any other holy Orders without licence first obtained from the Abbot to guard the Confines of the Empire and to go to War when and where they are commanded Into this Order the eldest Sons of Noblemen or Gentlemen cannot be admitted but the second Sons may And if a man of any degree whatsoever except a Physician have three Sons he is bound to enter one of them into this Order Knights of the Burgundian Cross in Tunis MVlleasses King of Tunis who was driven out of his Kingdom by Barbarossa that noted Pirate was again in Anno 1535. restored thereunto by the assistance of Charles the Fifth Emperor of Germany and King of Spain And being desirous to gain the love of all those that had served in that War did as a reward confer this honour of Knighood upon all those Commanders that valiantly behaved themselves in his Service The Ensign that he assigned them was the Burgundian Cross to which was added a Steel striking Sparks of Fire out of Flint with this Inscription BARBARIA which third Badge hung to a Collar of Gold KNIGHTS OF THE West-Indies PErsons that performed valiant Acts in War were by the Mexicans advanced to Honour and had sundry Priviledges granted them insomuch that their chief Nobility sprang from the Camp And Montezuma was so high a Favourer of Knighthood that he ordained divers Orders which he distinguished by several Ensigns The principal Degree of these Knights were those that had the crown of their Hair tied with a small red Ribon with a rich Plume of Feathers from which hung so many Branches and Rolls of Feathers upon their Shoulders as they had performed worthy Exploits in War And these were termed Eagle Knights of which Order the King was the Supream The Order of the Knights of the Lions and Tigers were the most valiant in War and always bore with them their Badges and Armorial Ensigns and went to the War as did the Eagle Knights armed Cap-a-pe The Order of the Grey Knights had their Hair cut round about their Ears were not so much honoured as the former and when they went to Wars were armed but to the middle All these Degrees of Knights had their Apartments in the King's Palace which were distinguished by their several Ensigns And amongst the honourable Priviledges that they enjoyed they might carry Gold and Silver wear rich Cotton and Shoes after their fashion and use painted and guilt Vessels all which were prohibited the common people The Order of Knighthood of the Blood Royal in Peru were of great esteem for their approved Valour for before they could be admitted into the said Degree their Manhood was sufficiently tried as in managing the Dart Lance and other Military Exercises also in Leaping Wrestling Running Shooting c. in all which if they were not very expert they were thought unworthy to receive so great an Honour But being found worthy to be admitted divers Ceremonies were used at their Creation as putting on them fine Shoes and Breeches boreing of holes in their Ears giving them an Ax and adorning their Heads with Flowers c. all which was forbidden the common people And the Peruvian Lords at their solemn Feasts at Cusco used to dedicate their Children to Honour adorning them with Ensigns making holes in their Ears and anoynting their Faces with Blood in token that they should be true Knights to the Ingua The Knights of Cinaloa which is a Province near New Mexico were created by giving them a Bow and ordering them to encounter a Lion or some other savage Beast which if they slew they were received into favour and Honour The Rt. Honourble Henry Coventry Esq his matys principall Secretary of State c a. son tâ— the Rt. Honourble Thomas Lord Coventry Lord Keeper of ye. Great Seale of England The Honourble Iohn Hervey of Ickworth in Suffolke Esq. â— Treasurer to ye. Queens maty The honble William Ashburnham of Ashburnham in ye. County of Sussex Esq. Cofferer to his maty King Charles the 2d. William Wharton Esq. Fourth son to yâ—e Rt. honble Phillip Lord Wharton of Wharton in Westmoreland by Ann Daughter to 〈◊〉 â—am Carr of Fernihast in Scotland Esq. 〈◊〉 of ye. Groomes of ye. Bedchamber to King Iames. SAMVEL GRANT of Crundall in Hantshire Esq. one of the society of the Inner Temple London Esq. â—ender Molesworth of Spring Garden in the parish of St. Katherines in the Island of Jamaica Esq. one of his matys Councell 〈◊〉 the Sd. Isle second son of Hender Molesworth of Pencarrow in Cornwall Esâ—abque who was lineally descended from Sr. Walter de Molesworth of Northamptonshire who flourished in Marshall proess in the dayes of King Edw. the first went wth him to the holy warrs GEORGE LEGGE Esq. Governor of â—ortsmouth master of the Horse to his Royall Highness Iames Duke of Yorke Leiutenant of his matys Forest of Alce holt Woolmer in Hantshire one of the Deputy Leiutenant of the Sd. County Comander of his matys Shipp yeâ—â—yall Katherine one of the principall Officers of his matys Ordnance THOMAS FEJLD of Stanstead Bury in the County of Hertford Esq now maried to Mary eldest daughter of Sr. Thomas Byde of Ware park in the Said County Kt. Humfrey Wiâ—â—ley of the Jâ—â—ter Tâ—mplâ— Esq one of the Prothonotarâ—â—s of his maties Court of Common â—leaâ— at Westminster fift son of Humfrey Wâ—â—rley Esq of Hâ—msted hall in the County of Stafford by Knightley his Wife â—OGER TWâ—SDEN Esq eldest son of S â— Thomas Twisden of Bradborne in thâ— parish of East Malling in Kent Kt. Baâ—â—â— one of the Justices of his matys Court of Kings Bench EDWARD THVRLAND Esq only son of Sr. Edward Thurland of Râ—ygate in the County of Surrey Kt. one of the Barons of his matys Court of Exchequer EDWARD ROBERTS of the Citty of Dublin in the Kingdome of Ireland Esq now Maried to Alce daughter of Edw Chute of SurrendeÌ„ in the Weld of Kent Esq 〈◊〉 much Honoured Daniel Fleming of 〈…〉 in Cumberland of Rydal hall in 〈…〉 and Esq of which family Surname there 〈…〉 Lords of ye. maner of Bâ—ckermet of 〈…〉 bâ—en Kts all ye. rest that then weddâ—d 〈…〉 ye. Daughters of Baronetsâ— or Knighâ—â—â— â—â—â—â—ill Skelton eldest sonn of Sr. Iohn Skelton 〈◊〉 Leiutenant
certain Lands in Escuage like as the Knight himself did of the King by Knights Service The beginning of giving Arms in Europe amongst Christians is supposed from the Holy Wars for the Turks paint them not And so with us about Henry the Third's time they became here more firmly established And when the Prince enobled any he usually gave them the particular of his bearing in Blazon Iohn Selden in his Preface fol. 5. where you may also see an Example in King Richard the Second But now there are five distinct sorts of Esquires observed and those that have been already spoken of are now in no request Of these sorts the principal at this day are the eldest Sons of Viscounts and Lord next are all Noblemens younger Sons then are accounted those that are select Esquires for the King's Body the next are Knights eldest Sons successively in a fourth rank are reckoned those unto whom the King himself together with the Title giveth Arms or createth Esquires by putting about their Necks a Silver Collar of SS and in former times upon their Heels a pair of white silvered Spurs whereupon at this day in the Western part of the Kingdom they be called White-spurs for distinction from Knights who were wont to wear gilt Spurs and to the first begotten Sons only of these doth this Title belong In the fifth and last place be those that have any superiour publick Office in the Kingdom as high Sheriffs Justices of the Peace c. or serve the King in any worshipful Calling At the Coronation of Kings and Queens Knights of the Bath are made men of worth and honourable blood to the end that their Majesties may be accompanied in their own Honours every of which Knights having two Gentlemen to attend them in that Ceremony who are ever after by that Service enabled to be Esquires during their lives But the name of Esquire in ancient time was a name of Charge and Office and first crept in amongst other Titles of Dignity and Worship so far as ever I could observe in the Reign of King Richard the Second vide Sir Thomas Smith de Republica Anglorum fol. 26. where he saith That the Esquire is no distinct Order of the Commonwealth A Serjeant of the King's Kitchin may bear the Name and Addition of Cook or Esquire according to the Opinion of Newton But Ienne saith Such Officers of his Majestie 's Houshold would be much grieved if they should be named by their Trade or Office Peradventure in that case the Writ may be good because of the Statute viz. 1 Hen. 5. ch 5. For the Statute is That he should be named of the Town Degree State Condition or Mystery and when he was named Cook he observed the Statute for he hath named him by his own name of Mystery and yet he may be in that case an Esquire and a Cook If a man be an Esquire or Gentleman only by Office and loseth the same he loseth also that title of Gentility Note That an Esquire or Gentleman is but an Addition to satisfie the said Statute but names of Dignity are parcel of the name And thereupon if a Praecipe quod reddat be against Iohn a Stiles Yeoman and recovery is had whereas the Tenant was a Gentleman yet the Recovery is good The same Law where a Release is made to Iohn a Stiles Yeoman who is a Gentleman and where addition is given by the party where it needeth not by the Law being no Dignity it is void So if a deed be made to a Gentleman by the name of a Yeoman for there is a great difference between Deeds and Writs If an Esquire be to be Arraigned of High Treason he may and ought to be tried per probos Legales homines that may expend Forty shillings of Freehold or be worth One hundred pounds in the value of Goods And so the Statute that doth speak of men of his condition hath always been put in ure Dyer 99. b. Note a Knight hath no other priviledge by Statute or Common Law The King may make an Esquire by Patent viz. Creamus te Armigerum c. Note the Preface to the printed Book of Titles of Honour 5. b. 318. By the statute 21. Hen. 8. chap. 13. amongst other things it is enacted that the Brethren and Sons born in Wedlock of every Knight being Spiritual men may every of them purchase License or Dispensation and receive take and keep two Parsonages or Benefices with cure of souls The Son or Sons of any Knight and heir apparent of an Esquire is priviledge to keep Greyhounds setting Doggs or Nets to take Pheasants or Partridges though he cannot dispend ten pounds in his own right or in his Wives right of Estate of Inheritance or of the value of thirty pounds of Estate for life By the precedent discourse of Knights Batchelors we understand that all persons by the common Law are compellable to take the degree of Knighthood or to fine if they are possest of such an Estate as the King and his Council shall judge fit to maintain that Port in their Country And his annual Revenue deemed fit for that Dignity and the fines imposed upon such as refused we find in our Histories and Statutes to vary with the times and certainly the best Esquires or at least none under the Reputation of Gentlemen were compelled although 't was at the King's pleasure And therefore 1 Edw. 2. Stat. de Militibus the Parliament saith Sanderson more for ease of the Subject than profit of the King limited it to such as had Twenty pounds per Annum and better and afterwards 't was raised to Thirty pounds and a plentiful Revenue in those times when a Dowry of Three thousand pounds per Annum to a Queen was deemed a great impoverishment to the Crown and Kingdom but the East and Western part of the World being laid open to the Merchants money began to be more common and by consequence Land to its value so that in the reign of King Charles the First Forty pounds per Annum being the rate set for such as ought to be made Knights or to fine many Farmers Leaseholders Merchants Inholders and others were called in whereby above 100 thousand pounds was brought into the Exchequer Notwithstanding which divers persons made Friends and took the Degree of Knighthood which occasioned the extinguishment of the ancient Tax For many Esquires by birth wealth and education who bore the chiefest Offices of Honour and Trust in the Commonwealth disdained to stoop or give place to those new dubbed Knights countenanced the Complaints of the common people against the Law it self as a grievance and prevailed so far in the following Parliament to get it repeal'd as you may see 17 Car. chap. 20. Since which time the difference between the Degree of Knighthood and Dignity of an Esquire consists only in Title a double rate in the Pole Tax and priority of place which as I before noted is often