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

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 Ser∣vice was called Regale serviti••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 a∣broad, so Soccage-Tenure commandeth the attendance at the Plough; the one by Man∣hood defending the King, or his Lord's life and person; the other by industry maintain∣ing with Rents, Corn, and Victuals his Estate and Family.

For Kings did thus order their own Lands and Tenements: one part they kept and de∣tained in their own hands, and in them stately Houses and Castles were erected, and made for their habitations, and defence of their Per∣sons, and of the Realm; also Forests and Parks were there made for their Majesties Recreati∣on: 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-Te∣nure. And in this manner the Dukes and No∣bles amongst their Menials and Followers dissi∣pated 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.

Gervatius Tilbuciensis, a learned man that flourished in the days of King Henry the Se∣cond, in his Dialogue of the Observations of

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The Right Honourable S. Ioseph. Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State &c^a.

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The Honourable S^r. Robert Atkins of Totteridge in Hertford shire, and of Sapperton in Glocester shire Knight of the Bath, and one of his ma^tys. Iustices of the Com̄on pleas &c^a.

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S^r. Iohn Bennet of Dawly in Midd^sx. K^t. of the hon^ble. order of the Bath, Leivtenant to his ma^ties Band of Gentlemen Pentio∣ners, and eldest brother to the R^t. hon^ble. Henry Earle of Arlington; who was first maried to Elizabeth Coun∣tess of Mulgrave daughter to y^e Earle of Midd^sx. and now to Bridget Howe of the Family of S^r. Grubham Howe

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S^r. Robert Southwell Knight, one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell &c^•t.

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S^r. Hugh Wyndham of Silton in Dorsetshire K^t. one of the Iustices of his ma^tys. Court of Comon pleas at Westminster, eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire K^t, who was lineally descended from the antient Family of y^e Wyndhams of Felbrigg in Norfolk ••own••r ther••of

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S^r. Thomas Daniell of Beswick in the East Rideing of Yorkshire K^t. Major to his ma^tys. Regiment of Foot Guards, and Captaine of his ma^tys. Arch∣chiffe Fort in Dover.

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S^r. Thomas Mompesson•• antiently Montpintson•• 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.

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S^r. Thomas Lynch of Great Sonkey in Lancashire K^t., one of the Gentlemen of his ma^ty••. privy Chamber in ordinary, and late Governour of his Ma^••• Island of Jamaica, decended of y^e Linc••••s of Groves in Kent; and is now maried to Vere Herbert, 2^•. daughter of S^r. Edw: Herbert sometyme Lord Keeper of the gro••t sea••e.

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S^r. William Pelham of Brocklesby in Lincolnshire K^t., whose Grandfat••er S^r. William Pelham of the said place K^t., (who was descended of y^e antient family, of y^e Pelhams of Langhtonⁱ•••• sussex) was employed under Queen Eliz: in y^e offices of L^d cheife Justice of Ireland, Marshall of y^e English forces sentinto y^e Low Countrys, Mast•••• of her ordnance•• and one of her privy Councell.

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S^r Thomas Davi••s of the Citty of London Knight L^d. Maior thereof Anno 1677.

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S^r. William Prichard of the Citty of London K^t. and Alderman; now maried to Sarah daughter of Francis Cooke of Kingsthorp in Northamp∣ton shire Gent^•.

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S^r. Thomas Player of Hackney in Middlesex Knight, Chamberlaine of the Citty of London.

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S^r. 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.

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S^r William Drake of Amersham in the County of Bucks Knight. now maried to Elizabeth daughter of y^e hon^ble. ••^•. Mount••gu Lord cheife Baron of his ma^tys Court of Exchequer

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S^r William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations.

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S^r. William Waller of Winchester in Hantshire K, descended from Richard Waller of Groombridg in Kent Esq^r. who at y^e battle of Agencourt took Io•• Duke of Orleanse Prisoner, and brought him to Groombridg, wh••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.

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S^r William Hustler of Acklam in Cleaveland in The County of York K^t

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S^r. Joseph Sheldon of the Citty o•• London K^t. Alderman^&, Lord M••j. therof Anno 〈◊〉〈◊〉

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S^r. Rob^t. Hanson of the Citty of Londo•• Knight and Alderman. Lord Major thereof Anno 1673

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S^r. 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.

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S^•. Iohn Short••r of the Citty of London K^t. and Alderman; now maried to Ezabe•• daughter of Iohn Birkhead of Ristwhait 〈◊〉〈◊〉 y^• parish of Crostwhait in Cumberland Gen^•

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Robert Peyton of East Barnet in y^e. County of 〈◊〉〈◊〉 K^t. descended of y^e. Antient Family of y^e. Peyton•• Cambridgshire. no•• Maried to Iane Daughter and 〈◊〉〈◊〉 heyrs of Lionell Robison of Couton in York shire Esq.

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S^r. Edward Lowe of new Sarum in Wiltshire K^t. one of the Masters of the High & Honourable Court of Chancery.

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S^r. Iohn Iames of Wi••••borow in K••nt K^t. d••scended of y^e. ••nti•••••• And S••r••ading Family of y^e. Iam••••is Who Transpl••nted Themselu••s out of Cle•••• in Germa••y into England About y^e•• 〈◊〉〈◊〉 of y^• ••••igne of K. 〈…〉〈…〉 Family S•••• 〈◊〉〈◊〉 in T•••• Body of y^•. Book S••ction Chap: 1 Th•• S••S. Io••n is ••••w Maried to M••••y d••ught••r of S^r. Robert Ki••••e••r••w of Ha••worth in Middle•••••• K^t. des••••ed 〈◊〉〈◊〉 C••••m••er••••n to y^• Late Queen Mother.

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〈◊〉〈◊〉 Hon S^r. Robert B••oth of Salford in L••••c••shire K^•. •• chife Iustice of 〈◊〉〈◊〉 Ma^t•s Cour^t. of Com••n pleas in Ireland & one of his Ma^••• most Hon pri•••• ••••••ncell for y^• S^d Kingdome, Grandchild & heyre of Humfry ••ooth of Salford 〈◊〉〈◊〉 G••n. whose Ch••ritable works 〈…〉〈…〉 his name of w^•. see more in •• ••••dy of y^• Bocke s••e 3 chap^t. 1•• The S^d. S••r. Robert was first maried to mary ••••••ghter & heyre of Spencer Po••ts of Chalgraye in Bedfordshire Esq, & 〈…〉〈…〉 to Susanna Daughter of S^r. 〈…〉〈…〉 of Dean in East Kent K^t. A••••so•• D••ceased:

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S^r. Charles Pitfeild of H••xton in the Parish of S^t. Leonard ••horditch in Middlesex K^t. Descended of the Antient family of the Pitfeilds of ••um••n••s••ry in D••rs••tshire•• is now maried to Win^efrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Es••

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S^r. Thomas Middleton of Stansted Mount Fichit in y^e. County of Essex K^t. now maried to Mary y^e. Relict of Thomas Style Esq Eldest Son of S^r. Thomas Style of Wa••ering bury in y^e•• County of Kent Bar^•: and only Daughter of S^r. Stephen Langham of y^e Citty of London: K^t.

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S^r. Francis Theobald of Barking hall in Suffolk K^t. a great Lover of Lerning & fautor of Lerned men in Soemuch y^t D^r. Castle in his Poly∣g••o•• Lexicon makes This mention of him y^t. he is harum Linguarum Callentissimus

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S^r. Rob^t. Hardinge late of Kings-Newton in y^e Parish of Melborne in Darby-shire, N••w of Grais Inn in Middle^•. K^t. his ma^tys. Attorney of all his Forests &c. from Trent Northward's a great sufferer for there ma^tys. King Charles y^e first & second. Hee Maried Anna eldest daugh^r. of S^r. Richard Sprignell of H••gate in Middlesex Bar^•. Deceased.

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S^r. Io. Kirke of East Ham in Esex K^t. one of y^e Band of Gentleman Pentioners to his ma^ty••. King Charles the 2^d. which s^d. S^r. Io. and his family hath been very actiue for the Servi_c•• of there King and Country. & in particular at Canade in America.

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S^r. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight

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S^r. William Beversham of Holbrookhall in Suffolk Knight. one of the Masters o•• the High and Honourable Court of Chancery

the Exchequer, hath in effect as followeth: Until the time of Henry the First (saith he) the Kings used not to receive Money of their Lands, but Victuals for the provision of their House; and towards the payment of their Souldiers wages, and for such like Charges, money was raised out of the Cities and Castles in which Husbandry was not exercised: But at the length, when the Kings being in parts be∣yond the Seas, needed ready money for and towards the furniture of their Wars, and the Subjects and Farmers complained they were grievously troubled by carriage of Victuals in∣to sundry parts of the Realm far distant from their Habitations, the Kings directed Com∣missions to certain discreet persons, who ha∣ving regard to those Victuals, should reduce them into reasonable sums of money, the le∣vying of which they appointed to the Sheriff, taking order withal that he should pay them at the Scale or Beam, that is to say, that he should pay six pence over and above every pound weight of money, because he thought that the money would wax so much the worse for the wearing.

And it was anciently ordained, That all Knights Fees should come unto the eldest Son by succession of Heritage, whereby he suc∣ceeding his Ancestor in the whole Inheritance, might be the better able to maintain War a∣gainst the King's Enemies, or his Lords; and that the Soccage of Freehold be partable be∣tween the Male Children, to enable them to encrease into many Families for the better en∣crease 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 indiffe∣rently 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 serviti∣um forinsecum non semper manet sub eadem quantitate, sed quandoque praestatur ad plus, quandoque ad minus; ideo eo quantitate Re∣galis 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 fur∣nished 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 seem∣eth that the days shall be accompted from the first day that the King doth enter into Scot∣land, 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 pro∣per 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 obser∣ved, 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 his Enemies, by For∣ty days well and conveniently arrayed for the War. In this Case the Law hath such regard to the Dignity of Knighthood, that he may find an able person to go for him, and the Knight is not compelled by his Tenure to go in person as ordinary Souldiers, who are hired or retained by Prest-money or Wages.

There hath been many and varying Opini∣ons of the contraries of a Knight's Fee, as you may read in Coke's ninth Part 122. and there it is proved, that Antiquity hath thought that Twenty pounds in Land was sufficient to main∣tain the Degree of Knighthood; as it doth ap∣pear in the ancient Treatise De modo tenendi Parliamentum tempore Regis Edwardi, filii Regis Ethelred; which also doth concur with the Act of Parliament Anno primo Edw. 2. de militibus: by which Act of Parliament Cen∣sus militis, the Estate of a Knight was mea∣sured by the value of Twenty pound Lands per Annum, and not by any certain content of Acres. And with this doth agree the Statute of VVestminster, cap. 35. & Fitz. Nat. Brev. 82. where Twenty pounds Land per Annum in Soc∣cage is put in equipage with a Knight's Fee. And this is the most reasonable estimation; for one Acre may be more worth in value than many others.

And it is to be observed, That the relief of a Knight, and of all Superiors that be Noble, is the fourth part of their Revenue by the year; as of a Knight five pounds, and so of the rest.

And because this Tenure doth concern Ser∣vice in War, the Tenants are therefore called Milites Militia: for though the word doth properly signifie a Souldier, yet antiquity hath appropriated that name to the chiefest of Mi∣litary Profession. In our Law they are styled Milites, and never Equites; yet so, that Mi∣les is taken for the self same that Chivalry is. Bracton fol. 79. maketh mention of Rode Knights, that is to say, serving Horsmen, who held their Lands with condition that they should serve their Lords on Horsback. And so by cutting off a peece of a Name (as our de∣light is to speak short) this name Knight re∣maineth

with us; for Armiger, scil. the Es∣quire, which is a Degree under the Knight, was in the Military Service to serve on foot.

Note, He that holdeth by a whole Knight's Fee, must be with the King Forty days well and compleatly arrayed for the War, which is to be understood to serve on Horseback. And in all Nations the name of this Dignity is ta∣ken of Horses; for the Italians call them Ca∣velieri; the Frenchmen Chivaleris; the Ger∣mans, Regters; our Britains, Murgeghe, all riding; and in Latin we call them Equites au∣rati; for at their Creations, besides the Sword and Girdle, gilt Spurs were added for more Ornament. And when a Knight doth com∣mit any offence for which he is by the Law to suffer death, the use hath been in the begin∣ing of his punishment to degrade and deprive him publickly of his Honour of Knighthood (for it is but with life leas'd, or taken away, Mills 81.) by ungirding his Military Girdle, by taking away his Sword, and broken, his Spurs cut off with an Hatchet, his Gauntlets pluck't from him, and the Escocheons of his Arms reversed.

And in the Statute made 24 Hen. 8. chap. 13. entituled an Act for Reformation of Apparel, It was permitted for Knights to wear a Collar of Gold, named the Collar of SS.

And although this Dignity of Knighthood had its original, and was given to men of War and Prowess; yet in all Successions of Ages, and in all Nations, the same also is bestowed upon men of Peace by the Sovereign Power to deserving persons, whereby the Service of the Commonwealth at home is made equal with that abroad: For as Tully saith truly, Parvi sunt arma foris, nisi est consilium domi. But Experience, the faithfullest Counsellor and best Mistress, hath made it manifest both in this modern Age, as well as in that of Tullie's, that the Camp hath bred more eminent States∣men, and happily as good Politicians, as the long Robe: Perhaps for this Reason, one aims chiefly at Glory and Honour, which easily at∣tracts admirers and favourers; the other at Riches and indirect Negotiations, which be∣gets Envy and private Enemies.

He that receiveth the Dignity of a Knight kneeleth down, and then the King slightly smiteth him upon his Shoulder, and saith unto him these words in French, Sois Chivaler au nome de Dieu; and afterwards saith moreo∣ver, Avance Chivaler: See the Book of Ti∣tles of Honour due to the Earl-Marshal for the making of Knights, 176. For a Knight is not made by Letters Patents, or by the King's Writ, as those of higher Dignity, but by the Sword; for this Honour is supposed to be gi∣ven on the sudden, and therefore is common∣ly done by the Sword, although the King may by his Letters Patents create a Knight.

Earls in ancient times had a power of Knighting; but now neither may the Prince, or any other of the Nobility, make a Knight, but only the King, or Lieutenant General by his Commission. No man is born a Knight, as he may be to Titles of Honour by Patent; but a Knight may be made assoon as a Child is baptized, except Knight Bannerets. Note the printed Book of Titles of Honour, fol. 218, 313. the first Knight. With us in England there are divers sorts of Knights, whereof Cambden 171. and Mills do write at large: But amongst the Romans there was but one Order of them, and they were next in Degree unto the Senators. And they who simply, with∣out any Addition, be called Knights, howsoe∣ver they are in order ranked last, yet by insti∣tution they are first, and of greatest Antiquity; and the other Orders are but late Attributes, ac∣cording to the several inventions of particular Princes. And I do not remember that in our Books of Law I have read any thing concern∣ing the Order of Knights with Addition, viz. Knights of the Honourable Order of the Gar∣ter, Knights Bannerets, and Knights of the Bath. But in the Statute 12 Hen. 8. cap. 13. it is enacted, That every Knight of the Gar∣ter may have three Chaplains, whereof every one may purchase licence or dispensation, and receive, have, and keep two Benefices with cure of Souls: but they of this Order which I now treat of, are called Knights of the Spur, or Knights Batchelors.

Between Doctors of the Civil Law and Knights hath ever been question for prece∣dency, since either of them hath been in cre∣dit in the Common-wealth: as may appear both by the Comparison that Tully maketh be∣tween Lucius Murena, a Knight of Rome, and Publius Sulpitius a Lawyer, either of them standing for Consulship, in his Eloquent Ora∣tion made for Murena; and many Disputes of Bardal and Bardus, arguing the Case Pro and Con: which though it be disputable in Fo∣reign Parts; yet here in England it is without Controversie, and the precedency thereof is undoubtedly the Knights. But if they be both of equal degree of Knighthood, then it goeth by Seniority. The Opinion of some men late∣ly hath been, That Knights Lieutenants (that is to say) such Knights as either have been Ambassadors in Foreign Parts, or Judges with∣in the Realm, may and ought to have, during their lives, precedency above men of their own rank after their Offices expire; and sub Iudice his est, not determined by Judgment. But admitting it so to be, by way of Argument in that case; yet the Heralds do deny that pri∣viledge to the Lord Mayor and Aldermen of London, or Justices of the Peace, who have their limited Jurisdiction of Magistracy confined them: but the former are generally Magistrates throughout the Realm, and their employment concerneth the whole Commonwealth; and having the publick Justice and Honour of the whole Estate committed unto them, do more

meritoriously draw from thence a great re∣spect of Honour, according to the generality of their Administration and Employments, which an inferiour and more con••••ned Magi∣strate cannot have.

The name of a Knight is a name of Digni∣ty, and a Degree, as is the name of Duke, Earl, &c. and in all Actions he shall be slyled Knight; otherwise the Writ shall abate.

A Knight also must be named by both his Chri••tian and Surnames, as Sir A. B. Knight. But those Degrees honourable that are made by Patent, may be named only by their Chri∣stian Names, and by their Title of Honour, as Gilbert Earl of Shrewsbury: and that for two causes; First, because of their solemn Creati∣ons (& nomen dicitur à noscendo;) Secondly, there is but one part of that Title of Honour within England, and therefore it is certain what person he is; but otherwise of Knights, as it is certainly known in the 8 Edw. 4.24. a. And Prisot, Chief Justice, saith, in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight, he loseth his Name of Esquire; but though a Knight be made a Nobleman, or of any higher Degree, he doth still retain the name of Knight, and so ought to be styled in all Writs.

Also if a man do recover in an Action by the Name of Iohn Stiles, Esq and afterwards be made a Knight, he must sue his Scire Facias by the Name of Knight.

And this name shall not die with him; for if they were bound in an Obligation by the Name of Gentlemen or Esquires, and after∣wards one is made a Knight, and dieth, the Plaintiff in the Action to be brought against his Executors, must name him Knight, other∣wise the Writ shall abate.

If a Grant be made to H. D Knight, when he is not a Knight, it is a void Grant: but if it be a Feoffment with Livery, the Livery maketh it good. If the Plaintiff or Deman∣dant do in his Writ name the Defendant or Tenant Esquire when he is a Knight, the Writ shall not only abate, but also the Plaintiff may not have another Writ by Iourneys ac∣compt.

But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted, That al∣beit any person or persons, being Justices of Assize, Justices of Goal-delivery, or Justices of the Peace within any of the King's Domi∣nions, or by any other of the King's Com∣missions whatsoever, shall have the fortune to be made or created Duke, Archbishop, Mar∣quess, Earl, Viscount, Bishop, Baron, Knight, Justice of the one Bench, or of the other, Ser∣jeant at Law, or Sheriff, yet that notwith∣standing he and they shall remain Justices and Commissioners, and have full power and au∣thority to execute the same in like manner and form as he or they might or ought to have done before the same. By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth, That every Writ, Original of Actions per∣sonal, Appeals, and Indictments, and in which an Exigit shall be awarded to the names of the Defendants, in such Writs, O∣ginal, Appeals, and Indictments shall be made the Additions of their Estate, Degrees, &c. And a little after it is provided, That if the said Writs of Actions Personal be not accord∣ding to the Record and Deed, by the Surplu∣sage of the Additions aforesaid, that for this cause they are not.

Iohn S••iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight, the Bond is forfeited; W. B. by his Attorney draweth a Note or Title for an Ori∣ginal, according to the Defendants Degree, although it varies from the Original Specialty, as it ought to be made by the Statute: But the Cursitor mistaking, did make the Original on∣ly according to such Addition as was specified in the Obligation, omitting his Degree or Dignity, and the Entry of the Capias alias & pluris was according to the said Original; But in the Exigit and Proclamation, and En∣try of it, the Defendant was named according to his Degree of Dignity: upon a Writ of Er∣ror after a Judgment, doubt was, If this might be amended in another Court than where the Original was mâde; and at the last it was resolved by all the Court, That the Re∣cord should be amended by the Cursitor, and made according to the Note and Title deliver∣ed unto him by the Attorney.

It appeareth in our Books of Law, that the highest and lowest Dignities are universal; for as if a King of a Foreign Nation come into England by his Majestie's leave (as it ought to be) in this case he shall sue and be sued by the Name of a King; So shall a Knight sue or he sued by the name of a Knight, wheresoever he received that Degree of Honour: But o∣therwise it is as if a Duke, Marquess, Earl, or other Title of Honour given by any Foreign King or Emperor, yea, although the King by his Letters Patents of safe Conduct do name him Duke, or by what other Foreign Title of Dignity he hath; For Experience teacheth that Kings joyned in League together by a certain mutual (and as it were a natural) power of Monarchs (according to the Law of Nations) have admitted one anothers Ser∣vants, Subjects, and Ambassadors graced with the Title of Knighthood. Therefore though a Knight receive his Dignity of a Foreign Prince, he is so to be stiled in all Legal Pro∣ceedings within England. And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands, thinking that it was more honourable to take Arms of some other, le••t affection might seem to prevent Judgment, when the Father gave them that Honour. Thus our King Henry the Second sent unto David King of Scots, and

Malcombe King of Scots unto our Henry the Second, and our Edward the First unto the King of Castile, to take of them Military Arms: For these terms and phrases they used in that Age for the Creation of a Knight.

And Knights in all Foreign Countries have e∣ver place and precedency according to their Se∣niority of being Knighted, which priviledge is denied to Noblemen; for be they never so ancient, in Foreign Countries they shall go be∣low, as Puisnes. The Degree of Knighthood is not only a Dignity and Honour 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 chang∣ed 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 ••een anciently delivered: And in Io. Shelden 131. where also it is said, one that wrote a lit∣tle after the Statute of Westminster the first, al∣lows 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, Bri••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 Com∣mon Law in this Case; but by the Statute of Westminster the first, Chap. 35. it is put in con∣trary, viz. forasmuch as before this time rea∣sonable 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, where∣by 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 al∣though the Lord do confirm unto the Tenant to hold by Fealty and certain Rent, and re∣lease 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 Bra∣cton saith, S••abitur presumptioni, donec probe∣tur 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 be∣ing 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 ••a∣ron, 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 ip∣se, dum infra aetatem fuerit, fiat miles, nihil∣ominus terra remaneat in Custodia Domino∣rum 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 Te∣nant 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 Lieute∣nant in Ireland. But when the King doth make an Heir apparent within Age of a Te∣nant by Knights Service a Knight in the life of his Ancestor; and after the death of his An∣cestor the said Heir being within Age, shall in this Case be out of Ward, and shall pay no va∣lue 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 Li∣very 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 Char∣ta doth not extend unto it; for the purview of it doth extend only when the Heir in Ward (infra aetatem) is made Knight, then rema∣net 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 es∣sence.

Also when the Heir, after the death of his Ancestor, within Age is made Knight, if af∣ter tender made to him he within Age do mar∣ry elsewhere, yet he shall not pay the forfei∣ture 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 de∣fence 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 Domini sui, & ei conferet marita∣gium suum, &c. which words cannot be un∣derstood when he is out of Ward and Custody, no more than when he is married after the Age of One and twenty years. Note hereby, that the King may prevent his Grantee, or other Lords, of the double value by Knighthood: Yet in such case, presently after the Heir is made a Knight after the death of his Ancestor, the Lord may have a Writ de valore maritagii for the single.

Also by the ancient Common Law of this Realm, if a Villain be made a Knight, he is immediately infranchised: And if a Ribald, or a man of base birth and condition had struck a Knight, by the ancient Law he should have lost his hand wherewith he offended.

But in France it was anciently adjudged, that when the Lord of a Villain had Knighted his Villain, being a Gentleman he became free, and had his Honour law••ully; but if another Lord had Knighted him, nothing had been wrought by it, for none could manumit him but his Lord; and till Manumission or Knight∣hood he had civil freedom for his ground, but was not capable of it, except by the King on∣ly.

It was enacted by Parliament in the sixth year of the Reign of King Iohn, in haec ver∣ba, Rex Vicecom. &c. Sciatis quod consensum est cum assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum An∣gliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis & armis ad defensionem Regni no∣stri.

There hath ever been, and still is, great use of the Services of Knights even in Civil Affairs, and concerning matters of Justice: as in a Writ of Right, which is the highest Writ in Law for trial of Titles touching the Inhe∣ritance of Lands; the Tenant is at his Electi∣on to have his Trial by great Assize, or else by Battel; if by the great Assize, the Writ De magna Assiza eligenda shall be thus, viz.

Rex Vicecomiti salutem, &c. Summone as per bonos summonitores quatuor legales Mi∣lites de Comitatu tuo, quod sint coram Iusti∣ciariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sa∣cramentum suum, 12 de militibus de visum de N. qui melius sciant & velint dicere veri∣tatem adfaciendam recognitionem magnae assu∣rae inter A. petent. & B. tenent. de uno messu∣agio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram & petit recognitionem fieri utrum eorum ha∣bent jus in messuagium praed. B. qui tunc sit ibi auditurus illam electionem, & habeas ibi nomina praed. milit. ad hoc breve, &c. And upon the Return of this Writ, those four Knights must appear gladiis cuncti, Dier 79. fol. 103.

If the Tenant make his Election by Battel, each parties are to choose their Champions, and the Court shall award the Battel, and the Champions shall be at Mainprize, and sworn to perform the Battel at a certain day in the Term; and idem dies shall be given to the parties, at which day and place a List shall be made in an even and plain Ground there qua∣drant, that is to say, every way sixty foot square; and the Place or Court for the Justices of the Common Pleas without, and upon the Lists furnished with the same Clothes which be∣long to their Court at Westminster, and a Barr shall be there made for the Serjeants at Law; and the Robes of the Justices and Serjeants shall be of Scarlet, with their Coifs on, as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes: And the Demandant first was solemnly demanded, and did not appear; whereupon the Manu∣perors of the Champion were demanded to bring forth the Champion of the Demandant, who came into the place apparelled with red Sandals upon his black Armour, bare legged from the Knee downwards, and bare headed, and bare Arms to the Elbows, being brought in by a Knight, namely Sir Ierom Bowes, who carried a red Battoon of an ell long, tipped with horn, and a Yeoman carrying the Tar∣get made of double Leather; and they were brought in at the North side of the Lists, and went about the sides of the Lists until they came to the midst of the Lists, and then came

towards the Barr, before the Justices, with three solemn Congies; and there was he made to stand on the South side of the place, being the right side of the Court: And after that the other Champion was brought in in like man∣ner, at the South side of the Lists, with like Congies, by the hands of Sir Henry Chequie Kt. &c. and was placed on the North side of the Barr, and two Serjeants, being of the Counsel of each part, in the midst between them. This done, the Demandant was so∣lemnly called again, and appeared not, but made default. Bowham, Serjeant for the Tenant, prayed the Court to record the Nonsuit, quod factum fuit. And then Dyer Chief Justice, reciting the Writ and Content, and Issue joyned upon the Battel, and the o∣ther of the Champions to perform it, and the prefiction of this day and place, did give final Judgment against the Demandant, and that the Tenant should have the Land to him, and to his Heirs for ever; and the Demandant and his Pledges de prosequendo in misericordia Reginae: And afterwards solemn Proclamation was made that the Champions, and all others there present (which were by estimation a∣bove Four thousand persons) might depart e∣very man in the peace of God and the Queen, & sic fecerunt cum magno clamore, vivat Re∣gina.

Also if false Judgment be given in the Country, which is the Sheriffs Court, then the Writ shall be thus; Henricus, &c. Vice∣comiti Lincoln. salutem; Si A. fecerit, &c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem, & Will. B. tenentem de uno messuagio & cen∣tum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fu∣isse Iudicium in eodem, & Record. illud ha∣beas coram Iusticiariis Iuris apud Westmin∣sterium tali die sub sigillo tuo, & per qua∣tuor legales Milites ejusdem comitatus, & illos qui Recordo illi interfuerunt, & sum∣moneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum il∣lud, & habeas ibi sua nomina quatuor mili∣tum & hoc breve. Fitz. Nat. Brev. itidem E. And those four must be Knights indeed. Al∣so the Justices upon consideration of the usual words in every Writ of Venire Facias, Coram &c. Duodecim tum Milites quam alios liberos & legales homines, &c. say that these words [tum Milites] were not at the first put into the Writ without effect, Plowden 117. b. For it seemeth that in diebus 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 levan∣dis, amongst other things it is enacted, That for the utility of the Realm, and the more as∣sured conservation of the Peace, the Justices as∣signed to take Assizes in all Shires, where they take Assizes as it is ordained, immediately af∣ter 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 de∣liver the Goals of the Shires, as well within the Liberties as without, of all manner of Prisoners, after the form of the Goal Delive∣ry of those Shires be••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 ex∣tend 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 re∣turned upon Juries in ordinary Trials between party and party, as other Freeholders may be. And therefore in a Challenge to the great As∣size under Edward the Third, one was chal∣lenged pur ceo qu'il fait abaner; or as the A∣bridgment 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, be∣ing Peers of the Realm, and all other under them, are Peers amongst themselves; for not∣withstanding 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 Dig∣nity 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 al∣lowed of in Heraldry, with whom the Rule is, That the eldest Son of every one of a crea∣ted

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 be∣ing Heirs Apparent any Prerogative of the greater Nobillty.

And in case where a Peer of the Realm is party Plaintiff or Defendant in any Acti∣on 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 in∣tent that his Age, Idiocy, or other defect might be discovered by the Judges. Never∣theless 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 inci∣dent 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 u∣sual Service of Knights in this behalf hath been to many, and scandalous to the Law of the Land, they sometimes taking Recog∣nizances of a Fine from a Feme Covert, as if she were sole, and many times acknow∣ledged 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 Brit∣ton 29. & 36. is cited to prove it. And by a large understanding of the intent and mean∣ing of the Statute of Marlbridge, chap. 10. For the ancient Common Law had such re∣spect 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 In∣troductiva 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, menti∣oned 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 be∣fore, as immediately after the making of that Statute of Marlbridge; and Interpreta∣tio Practica is a principal way and form of Interpretation of Laws. The Lord Chancel∣lor's Speech, in the Case of Postnati, fol. 58. And in Divinity, Praxis sanctorum est inter∣pretatio 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 Coun∣ty Court, and one of the same County not knowing of the Felony doth receive him, he is Accessory. Also when the King doth Summon his Parliament, Writs shall be sent to the Sheriff to make choice of Knights of every Shire in this form; Rex Vicecom. N. Salutem, quia de avisamento & asse••su no∣stri Concilii, pro quibusdam arduis & urgen∣tibus negotiis nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram Westm. duodecimo die Novembris proxime futuro teneri or∣dinavimus, & ibidem cum Praelatis magna∣tibus, & proceribus dicti Regni nostri col∣loquium habere & tractare, tibi praecipimus firmiter injungentes, quod facta Proclamatio∣ne in prox. Comit. tuo post receptionem hujus brevis nostri tenendi die, & loco praed. duos Milites gladiis cinctos Magisidouers & Dis∣cretos Com. praed. &c. & electionem & partes sub sigillo tuo, & sub sigillis eorum qui ele∣ctioni illi interfuerunt nobis in Cancellaria nostra ad dictum diem, & locum certifices indilate. See the Statute 23 Hen. 6. cap. 15. where amongst other things it is enacted, That the Knights of the Shires for Parlia∣ments hereafter to be chosen, shall be nota∣ble Knights of the same Counties for the which they shall be chosen, or else such no∣table Esquires or Gentlemen being of the same Counties, as shall be able to be Knights.

Peers of the Realm are by intendment of Law sufficient of Freehold; and that is one of the Reasons wherefore no Capias or Exi∣git lieth•• against them for Debt or Tres∣pass.

But the Law hath not that Opinion of the Knights sufficiency of Freehold: for he may be a Knight without Land; therefore, and then he is not to be returned of any Jury or In∣quest, howsoever he may be worthy and suf∣ficient to serve the Commonwealth in Mar∣shal Affairs. The Wives and Widows of

Knights in Legal Proceedings, and in Courts of Justice, have not the Title of Lady, as the Wives or Widows of Noblemen have; yet by the Courtesie of England that Title is given them.

And if in any action they be not called Ladies, for that cause the Writ shall not a∣bate for that Surplusage, because Domina is general to Women, as Domini to Men. So where Women after Fourteen years of Age are called Dominae for Ladies or Dames; and with us anciently marriageable Women were called Dominae; and in our old English Leets, Dames.

First, Dominae is often used for Women generally, as a special Honour for that Sex, being not out of fashion at this day; nor with the French; as also amongst the Itali∣ans, Domina for them is familiar. But if she be named Comitessa or Baronessa, whereas she is no Countess or Baroness in Law, then without question the naming of her so shall a∣bate the Writ.

By the Statute of Magna Charta, chap. 21. Knights are freed from Cart-taking, that no Demesne Cart of them shall be ta∣ken.

By the Statute 1 Iacobi, cap. 27. it seem∣eth that Knights Sons may keep Greyhounds, and Setting-Dogs, and Nets to take Pheasants and Partridges in, though they cannot expend Ten pounds per Annum, nor be worth Two hundred pounds; for by the express words of the Statute, all the Sons of Knights are ex∣cepted.

Observations concerning Knights Batchelors.

A Baronet cannot claim the Priviledge that Knights have from Cart-taking by Mag∣na Charta 23.

A Baronet's Son cannot keep a Grey-hound, &c. because he is not within the Statute of 1 Iac. 27. unless he hath Ten pounds per Annum, tamen qu••re; See the said Statute, and Statute 22 & 23 Car. 2. Quaere whether the Baronets Addition doth abate any Action. If one be Knighted in the life time of his Father, it frees him from Wardship; but con∣tra of a Baronet. Knights are excused from attendance at Leets, which Baronets are not.

Note, That by the Statute 12 Car. 2. chap. 24. the Court of Wards, Tenures in Capite, Liveries, Ouster le maines, and other de∣pendance upon the Court is taken away; and then was repealed the Statute 32 Hen. 8. chap. 6. 33 Car. 22.

A Knight Batchelor is a Title (as before noted) borrowed from Horsmanship, and therefore ought to be represented by the Ef∣••igies of a Captain of a Troop of Horse.

I shall here set down the manner of ma∣king Knights about the year of Christ 500, near which time King Arthur Reigned in England, as I find it in Sir William Segar's Book of Honour Military and Civil, page 53. where he saith, That a Prince being minded to make a Knight, commanded a Stage or Scaffold to be erected in some Cathedral Church in his Kingdom, or some spacious place near unto it, to which place the Gen∣tleman was brought to receive that Honour; and being come, was forthwith placed on a silver Chair, adorned with green Silk. Then it was demanded of him if he were of a heal∣thy Body, and able to undergo the Travel re∣quired in a Souldier; also whether he were a man of honest conversation, and what credi∣ble Witnesses he could produce to affirm the same. Then the Bishop or chief Prelate of the Church took the Bible, and holding it open before the Knight in presence of the King and all others, spake these words; Sir, you that desire to receive the Order of Knight∣hood, swear before God, and by this Holy Book, that you shall not fight against this mighty and excellent Prince that now be∣stoweth the Order of Knighthood upon you, unless you shall be commanded so to do in the service of your own King; for in that case, having first yielded up the Collar, Device, and other Ensigns of Honour now received, it shall be lawful for you to serve against him, without reproach or offence to all other Companions in Arms. But other∣wise doing you shall incur Infamy, and being taken in War, shall be subject to the pains of death: You shall also swear with all your force and power to maintain and defend all Ladies, Gentlewomen, Widows, Orphans, and distressed Women; and you shall shun no adventure of your person in any War where∣in you shall happen to be.

My Author further saith, That this Oath being taken, two of the chief Lords led him to the King, who presently drew forth his Sword, and laid it upon his Head, saying, God and St. George (or what other Saint the King pleaseth to name) make thee a good Knight. Then came to the Knight se∣ven Noble Ladies attired in white, and be∣girt a Sword unto his side; which being done, four Honourable Knights put on his Spurs. These Ceremonies being past, the Queen took him by the right Arm, and a Dutchess by the left, and led him to a rich Seat placed on an Ascent, where they seated him, the King sitting on his right hand, and the Queen on his left; then the Lords and Ladies also sate down upon other Seats three Descents under the King: And being all thus seated, they were enter∣tained

with a Delicate Banquet or Colla∣tion, and so the Ceremony ended.

Of Degrading of Knights.

DEgrading of Knights is not very custo∣mary, Examples being seldom found, it being used only for great and notable Facts and Offences against Loyalty and Ho∣nour; as absenting themselves dishonoura∣bly from their King's Service; for leaving their Colours, and flying to the Enemy; for betraying Castles, Forts, and the like hainous Crimes.

The manner of Degrading a Knight hath been as followeth: When a Knight had been found thus disloyal or corrupt, he was to be apprehended, and armed Cap-a-pe, as if he was going to the Wars, was to be placed upon a high Scaffold made for that purpose in the Church; and after the Priest had sung some Funeral Psalms, as are u∣sed at Burials, as though he had been dead, first they take of his Helmet to shew his face, and so by Degrees his whole Ar∣mour: then the Heralds proclaiming him a disloyal Miscreant, with many other Cere∣monies to declare him Ignoble, he was thrown down the Stage with a Rope; and this was done about the time of King Ar∣thur, as is affirmed by Mills, fol. 84.

Also about the Degrading of Knights these things have also been used; as the reversing their Coat of Arms; by seizing of their Equipage (except one Horse) ne qui dignitate f••ctus est eques cogatur pedes incedere; b•• cutting of the Spurs from their Heels, and by ta∣king away their Sword and breaking it. But of late the Martial Law is usually put in Execution, both in our Civil Wars, as in France, and elsewhere; that is, to di∣spatch such trayterous persons by a File of Musquetiers.