Analogia honorum, or, A treatise of honour and nobility, according to the laws and customes of England collected out of the most authentick authors, both ancient and modern : in two parts : the first containing honour military, and relateth to war, the second, honour civil, and relateth

CHAP. I.

Of Honour General and Particular.

HONOUR is the Reward of Vertue, as Infamy the Recompence of Vice; and he that desireth to mount her footsteps (as natural∣ly all men in some degree or other are addicted unto) must arrive thereunto by the way of Vertue: which was strictly observed by the Romans; for Dignities by Birth were not enough to advance them thereunto, if they were not endowed with Heroick and Vertuous Qualifications; and Honour should be a Testimony of their Excel∣lency therein. Some Learned Writers say, That Honour consisteth in exterior Signs; and Aristotle calleth it Maximum bonorum exte∣riorum: Others say it is a certain Reverence in Testimony of Vertue. Honour is of great∣er esteem than Silver or Gold, and ought to be prized above all Earthly Treasure. And for the encouragement of Youth to vertuous Atchievements, the Romans were no more slack in their Rewards and Badges of Honour, than they were in their punishment of Vice, which was most detestable unto them. And Marcus Tullius studying to restrain the Vice of Youth, by Law ordained eight several pu∣nishments, which he called Damnum, Vincu∣la, Verbera, Talio, Ignominia, Exilium, Mors, Servitus.

The Ensigns of Honour, which the Romans used to be••tow in token of Dignity, were Chains of Gold, gilt Spurs and Launces, but principally Crowns of different forms; which at first were made of Bays in token of Mirth and Victory, but afterwards they were made of Gold.

The chief Crowns were Military, with which their Consuls and chief Commanders in their Triumphs were crowned.

The next was by them called Corona Mura∣lis, and was given to him that was first seen upon the Wall of an Enemies Town; and this Crown was wrought with certain Battlements like a Wall, and made of Gold.

Corona Castrensis, made of Gold with points like Towers; and this was given for a Re∣ward to him that could break the Wall of an Enemy, and enter the Town or Castle.

Corona Navalis, made of Gold, garnished with Forecastles, and given to him that first boarded an Enemies Ship.

Corona Oleaginea, made of Gold, given to them that repulsed an Enemy, or were Victo∣rious in the Olympian Games.

Corona Ovalis, made of Gold, given to them that entred a Town taken with little Resi∣stance, or yielded upon Composition.

Corona Obsidionalis, given to a General Lead∣er that had saved his Army in Distress; and this Crown was made of the Grass growing where the Army was beseiged.

Corona Civica, made of Oaken Boughs, and was given to him that saved a Citizen from the Enemy.

Corona Haederalis, which was given to Po∣ets.

Corona Populea, which was given to young men that were industrious, and inclined to Ver∣tue.

Aristotle makes four kinds of Civil Nobi∣lity, viz. Divitiarum, Generis, Virtutis, & Disciplinae.

Sir Iohn Ferne defines Civil Nobility to be an Excellency of Dignity and Fame, placed in any Kingdom or People, through the Vertues there shewed forth to the profit of that King∣dom. Which made Diogenes to tearm No∣bleness of Blood a Vail of Lewdness, a Cloak of Sloth, and a Vizard of Cowardise.

Civil Nobility may be refined into a triple Division; first by Blood, secondly by Merit, and thirdly by Blood and Merit; which last without doubt is the most honourable, and of greatest esteem: For certainly the Honour gained lives in his Family, and doth perpetu∣ate his Vertues to Posterity; whilst the glory that those by descents of Blood shine in, is but the reflection of their Ancestors. For all will judge the raiser of a Family more ho∣nourable than him that succeeded him, not adding to that Honour by any Merit of his own. So that it is the best honour the Son can do his deceased Father or Relation, to i∣mitate his Vertues.

If any person be advanced by lawful Com∣mission of his Prince, to any Place, Dignity, or publick Administration, be it either Eccle∣siastical, Military, or Civil, so that the said Office comprehends in it Dignitatem, vel dignitatis titulum, he ought to be received in∣to the Degree of Gentility. And a Man may be ennobled by Letters Patents from his Prince, though he have not the Superiour Ti∣tles added; and may have a Coat of Arms given him.

Of Gentry, and bearing of Arms.

NOah had three Sons who were saved with him in the Ark from the Deluge, viz. Sem, Cham, and Iapheth; and between these three he divided the World. Sem, his eldest Son he made Prince of Asia; Cham, his second, Prince of Affrica; and Iapheth, his third, Prince of Europe..

Of these three issued divers Emperors and Rulers, whereof at this day we have ten De∣grees; of which Six are called Noble, as a Gentleman, Esquire, Knight, Baronet, Ba∣ron, and Viscount: and four others are called excellent, as an Earl, Marquis, Duke, and Prince.

There are Nine sundry Callings of Gentle∣men.

• 1. The' first is a Gentleman of Ancestry, which must needs be a Gentleman of Blood.
• 2. The second is a Gentleman of Blood, and not of Ancestry, as when he is the second de∣gree descended from the first.
• 3. The third is a Gentleman of Coat Ar∣mour, and not of Blood, as when he weareth the Kings Devise given him by a Herald. If he have Issue to the third Descent, that Issue is a Gentleman of Blood.
• 4. The fourth also is a Gentleman of Coat Armour, and not of Blood; as when the King giveth a Lordship to him and his heirs for e∣ver; then he may by vertue thereof bear the Coat of the Lord's making, the Herald ap∣proving thereof: But if any of the Blood of that Lordship be yet remaining, he cannot bear the same.
• ...

  5. The fifth is a Christian man, that in the Service of God and his Prince kills a Hea∣then Gentleman, he shall bear his Arms of what degree soever (a Knight Banneret ex∣cepted) and use his Atchievement without a∣ny difference, saving only the word of the same miscreant Gentleman. If he also have Issue to the fifth Degree, they are Gentiles of Blood. Note that no Christian may bear a∣nother Christians Coat, nor a Pagan a Pagans Coat, on the Condition abovesaid: But if an English man in the Field, when the Banner Royal is displayed, do put to flight any Gen∣tleman which is an Enemy to his Prince, from his Banner of Arms the English Soul∣dier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentle∣man that he so put to flight.

  Also in Challenge of Combat the Victor shall not bear the Coat of the Vanquished: yet indeed the Vanquished shall lose his own Coat; But if he marry a Gentlewoman of Coat-Ar∣mour, by the Courtesie of England he may bear hers.

• ...

• 6. If the King do make a Yeoman a Knight, he is then a Gentleman of Blood.
• 7. The Seventh is when a Yeoman's Son is advanced to Spiritual Dignity, he is then a Gentleman, but not of Blood; but if he be a Doctor of the Civil Law, he is then a Gentle∣man of Blood.
• 8. The Eighth is called a Gentleman untry∣al, as brought up in an Abby, and serving in good calling, and also is of kind to the Ab∣bots.
• 9. The Ninth is called a Gentleman Apocri∣fate, such a one as serving the Prince as a Page, groweth by diligence of Service to be Steward, or Clerk of the Kitchin, and is without Badge of his own, except when the Prince by the Herald endoweth him with some Conisance, &c.

Aristotle in his Politicks reciteth four kinds of Nobility; that is, Nobleness of Riches, Nobleness of Lineage, Nobleness of Vertue, and Nobleness of Science, amongst which, those of Vertue and Lineage are of chief esti∣mation, being such from whence the others do proceed.

As some write, Nobility began to be advan∣ced shortly after Noah's Flood: For when pos∣sessions were given by the consent of the peo∣ple (who had all things in common, and were of equal degree) they gave them to such whom they admired for their Vertues, and from whom they received a common benefit.

The Law of Arms, which is chiefly directed by the Civil Law, must needs be very ancient; for field nor fight cannot be continued with∣out the Law; therefore 'tis 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 He∣ctor of Troy bore Sable, two Lyons combattant, Or.

It is written by an ancient Author, called Gesta Trojanor•• that a Knight was made be∣fore 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 accept∣ing 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 be∣fore the Flood, and smote him nine times on the right shoulder, in token of the nine Ver∣tues 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 Re∣ligion; 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 distres••ed, and to support Widows and Or∣phans; To reverence Magistrates, and those placed in Authority; To cherish and encou∣rage Truth, Vertue, and Honesty, and to es∣chew Riot, Intemperance, Sloth, and all dis∣honest Recreations and Company; To be of a courteous, gentle, and affable deportment to all men, and to detest pride and haughti∣ness; To be of an open and liberal heart, de∣lighting in Hospitality•• according to the Ta∣lent 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 compre∣hended under two Heads, viz. Nobiles Ma∣jores, and Nobiles Minores. Those compre∣hended under Majores are Dukes of the Royal Blood, Archbishops, Marqui••••es, Earls, Vis∣counts, Bishops, and Barons: And those un∣der Minores are Knights of the Garter (••f no otherwise dignified) Knights Bannerets, Ba∣ronets, Knights of the Bath, Knights Batche∣lors, Esquires, and Gentlemen. And all or most of these Degrees of Honour are specula∣tively distinguished the one from the other in their Ensigns or Shields of Honour, as shall be shewed in the Chapter of each particular De∣gree.

Touching place of Precedency amonst the Peers, or those under the Name of Nobiles Majores, it is to be observed, That all No∣bles 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 Ne∣phews 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 Chancel∣lor,

or Lord Keeper of the Great Seal, the Arch∣bishop of York, the Lord Treasurer of England, the Lord President of the Privy Council, and the Lord Privy Seal. Next Dukes, Marquis∣ses, Dukes eldest Sons, Earls, Marquisses el∣dest Sons, Dukes younger Sons, Viscounts, Earls eldest Sons, Marquisses younger Sons, Bi∣shops, Barons, Viscounts eldest Sons, Earls youngest Sons, Barons eldest Sons, Privy Coun∣cellors, Judges, and Masters of the Chancery, Viscounts younger sons, Barons younger sons, Knights of the Garter (if no otherwise digni∣fied, which is seldom sound) Knights Banne∣rets, Baronets, Knights of the Bath, Knights Batchelors, Colonels, Serjeants at Law, Do∣ctors, and Esquires, which may be compre∣hended under ••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 Es∣quires attending upon Knights of the Bath at their making; And 5. Officiary Esquires, as Justices of the Peace, Barresters at Law, Lieu∣tenant Colonels, Majors, and Captains; and lastly Gentlemen.

Note, That these great Officers of Court, of what Degree soever they are of, take place a∣bove all others of the said Degree; viz. the Master of the Horse, Lord Chamberlain of England, Lord High Cons••able of England, Lord Marshal of England, Lord Admiral of England, Lord Steward, and Lord Chamber∣lain 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 prece∣dency according to the Degree or Quality of their Husbands.

☞ Note, That in a Volume lately published by me, entituled Britannia, being a De∣scription of his Majesties Dominions, in page 33. the precedency of the Nobility and Gentry is treated of, wherein the Ma∣sters of the Chancery are placed next af∣ter Serjeants at Law, which Error hap∣pened 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 Roy∣al, his Majesty being present, to all Privy Councellors, Master of the Wards, Chancel∣lor, 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 rea∣son of their Honourable imploy in his Majesties Courts of Justice.

Note, That as there are some great Officers, as a••oresaid, that take place above the Nobi∣lity of a higher Degree; so are there some persons, who for their Dignities Ecclesiastick, Degrees in the Universities, and Of••icers in an Army, although neither Knights nor Gen∣tlemen born, take place amongs•• them: Thus all Deans, Chancellors, Prebends, Doctors of Divinity, Law, and Physick, are usually pla∣ced 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 Artil∣lery, Quarter-Master General, &c.

All Batchelors of Divinity, Law, and Phy∣sick, all Masters of Arts, Barrestors in the Inns of Court, Captains, and other Commissionate Officers in the Army, or those by Patent-pla∣ces 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 u∣sage is to the Laws of Honour, see the Chap∣ter of Gentlemen.

I think it here convenient to give you an Account of the Cavalcade of his M••••••••ties pas∣sing through the City of London, ••••••••••e his Coronation, which was on Monday t••e 22th 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.

• ...
  [illustration]

  The Effigies of the Right hon^ble: Heneage Lord Finch, Baron of Daventry, Lord High Chancellor of England, & one of y^e Lords of the most hon^ble. Privy Councell, to King Charles y^e. second. Anno Dn̄i: 1676.

• ...

• ...
  [illustration]

  The Effigies of y^e Right hon^ble: Anthony Earle of Shaftsbury, Baron Ashley, of Wimbourne, S^t Giles, & L^d. Cooper of Pawlet; L^d. High Chancellor of England, L^d. Leiutenant of the County of Dorset, and ••one of y^e Lords of y^e. most hon^ble. Privy Councell•• to King Charles y^•. 2^d. Anno Domini ••673.

• ...
• ...

• Masters of stand∣ing Offices, Tents 1. in Cloaks.
• Masters of stand∣ing Offices, Revels 1. in Cloaks.
• Masters of stand∣ing Offices, Ceremonies 1. in Cloaks.
• Masters of stand∣ing Offices, Armory 1. in Cloaks.
• Masters of stand∣ing Offices, Wardrobe 1. in Cloaks.
• Masters of stand∣ing 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 Nor∣mandy, 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, Mar∣shal 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 go∣verned Common-wealths, a distinction of per∣sons is necessary; and the policy of this Realm of England, for the Government and Main∣tainance 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 com∣prised, 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, Vis∣counts, and Lords Spiritual and Tempo∣ral.

Thirdly the Commons, by which general word is understood Baronets, Knights, Esquires, Gentlemen, Yeomen, Artificers, and Labour∣ers.

It is observed, that our Law calleth none No∣ble 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 Ma∣jesty 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 there∣fore by the general Name of Barons of the Realm, and for the Baronage thereof, we un∣der••••and the whole Body of the Nobility; the Parliament Robes of the Dukes differing no∣thing 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 ac∣cording 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 Ba∣ronies: For although originally all the posses∣sions of Bishops, Abbots, and Priors, were given and holden in Frank Almoign; most of their Tenures were altered, viz. Baronia, as appeareth in Matthew Paris A. 1070. fol. 66. and of that Tenure have continued ever since, as you may read by the Constitutions of Cla∣rendon in the Reign of Henry the Second, and in Glanvile and Bracton. But the Tenures of all Abbots and Priors were extinguished by the uniting and coming of them to the Crown by the Statute of Dissolution of Monasteries: For though the Nobility of England differ in Titles and certain Ceremonies, yet a Baron en∣joyeth the same priviledges.

And by experience it is found, That Dukes and all other degrees of Nobility in Cases Cri∣minal are tryed by Barons, together with Mar∣quisses, Earls, and Viscounts, as their Peers, and Peers of the Realm.

Nobilitas generally is of the word [Nosco] signifying in common phrases of speech, Men of Generosity of Blood and Degree; and there∣fore it is said, Vir nobilis idem est quod notus, & per omnia or a vulgatus: But especially it is applyed and used to express the reward of Vertue in honourable measure, Ageneris clari∣tate, which being in part of distributive Ju∣stice, remaineth with the highest Soveraign annexed to the Imperial Crown of this Realm.

For as Vertue is the gift of none but of God, so the reward thereof with Honour cannot be the gift of any but the Supreme Governour, being God's Vicegerent on Earth. But when Honour and Arms be bestowed upon any, if there shall arise contention between Competi∣tors for the same, the ancient policy of this Realm hath ordained a Special Court; the Judges whereof in all times having been Right Honourable Personages, viz. the Lord High Constable and the Earl Marshal; and in latter times the Judge thereof only the Earl Marshal. The Jurisdiction of the Court con∣sis••eth in the Execution of that part of distri∣butive Justice, which concerneth the advance∣ment and support of Vertue.

Nevertheless some men there are, not duly considering of what principle and parts the Laws of this Realm do consist, have laboured to prove that the Questions and Controversies of Nobility and Arms should not be determined by the Laws of the Realm, but by the Civil Law, framing to themselves many Arguments to prove the same; but being of small value, I pass them over.

The Common Laws, as also the Laws of Charity used in the Marshals Court, do prohi∣bit any Subject of this Realm to receive Titles of Honour and Dignity by gift or donation from a Forreign Prince, King, or Emperor; for it is a thing greatly touching the Majesty of the King and State of his Kingdom, Est vis Majestatis & inter insignia summae potesta∣tis.

And if a man shall bring an Action, and in the Writ is styled by such a Forreign Title, the Defendant may plead in Abatement of his Writ, That he is no Duke, Marquis, Earl or Baron; whereupon if the Plaintiff, as demand∣ed, take Issue, the Issue shall not be tryed by the Jury, but by the Records of Parliament, wherein he faileth.

And if any English man be created Earl of the Empire, or of any other Forreign Nation, and the King also do create him into any Title of Honour in England, he shall be named in all Judicial proceedings only by such Name and Title as he hath received from the King of this Realm, whose Subject he is. And if by the King of England he be not advanced to Title of Honour, then he shall bear the name only of his Baptism and Surname, unless he be a Knight. For experience teacheth that Kings joyned in League together by certain mutu∣al, and as it were natural, power of Monarchies according to the Laws of Nations, have dis∣missed one anothers Subjects and Ambassadors graced with the Dignity of Knighthood.

A Duke of Spain, or of another Forreign Nation, cometh into England by the King's safe Conduct, in which also the King doth style him Duke, according to his Creation; nevertheless in all proceedings in the King's Courts he shall not be so stiled by his Title of Dignity.

And although the said Noble person be also by the King's Letters Patents, and by his Forreign Name and Title of Dignity made Denizon (for that is the right Name so called, because his Legitimation is given to him): Or if he be naturalized by Au∣thority of Parliament, wherein he seemeth to be in all things made as a Subject born,

yet shall he not be styled by his Foreign Titles of Dignity.

And so it is if a Nobleman of France, or elsewhere, come into England as Ambassa∣dor, and by lawful Marriage hath a Son, and the Father dieth, the Son is by Birth a Natural Englishman, yet he shall not bear the Title of Honour of his Father; and the reason thereof is, because that Title of No∣bility had its Original by a French King, and not by any natural Operation: which thing is well proved both by Authority of Law and Experience in these days.

If a Postna••us of Scotland or Ireland (who in these days is a Natural Subject to the King of England) or if any of his Poste∣rity be the Heirs of a Nobleman of Scot∣land or Ireland, yet he is none of the No∣bility of England: But if that Alien or Stranger born a Scot, be summoned by the King's Writ to Parliament, and therein is styled by his Foreign or other Title, where∣unto he is invested within England by the King's Grant; then, and from thenceforth he is a Peer of this Realm; and in all Judicial and Legal Proceedings he ought to be so styled, and by no other Name. And it was the Case of Gilbert Humfrevile Earl of Angus in Scotland: of it appertaineth to the Royal Prerogative of the King, to call and admit an Alien born to have place and voice in his Parliament at his pleasure; al∣though it is put in practice very rarely, and that for great and weighty Considerations of State. And if after such Parliamentary Summons of such a Stranger born question do arise, and the Issue be, whether he is of that Title or no? it may well be tryed by the Record, which is the only lawful tryal in that Case.

But there is a Diversity worthy of Obser∣vation, for the highest and lowest Degrees are universal; and therefore a Knight (Eng∣glish or Stranger born) is a Knight in all Nations, in what place soever he received his Title and Dignity, and so ought of right, and by Law, to be named in the King's Courts as aforesaid.

Also if the Emperor, the King of Den∣mark, or other Foreign King, come into this Realm by safe conduct (as he ought; for a Monarch or absolute Prince, though he be in League, cannot come without the King's Licence and safe Conduct; but any Subject to such a Foreign King in League, may come without Licence.) In this Case he shall sue and be sued by the Name of Emperor or King, or else the Writ shall a∣bate.

There is a notable President cited out of Fleta, where treating of the Jurisdiction of the King's Court of Marshalsea, it is said, And these things he might lawfully do by Office; that is to say, The Steward of the King's Houshold, notwithstanding the Li∣berty 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 concern∣ing that. Theft by Jurisdiction of that Court of Paris. The matter being divers∣ly 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 Domi∣nions 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 gene∣ral 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 King∣dom 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 Am∣bassadors, 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, Ba∣rons, 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 Ge∣neral to foresee that Venus Delights be (as it were) gelded and cut off from the Ar∣my. 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; be∣cause the Luxurious and Incestuous persons are abominable unto God. The Sword al∣so doth signifie the Defence of King and Country.

And thus much in general of the Nobili∣ty of England. Now followeth a more par∣ticular Discourse of each particular Degree; and first of his Majesty, the Fountain from whence all these Rivulets and swelling Streams of Honour's Spring.

[illustration]

The most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine•• France, and Ireland•• Defender of the faith &ca.

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The Effiges of the most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine; France, and Ireland; De••ender of the faith. &c••••