Honor rediviuus [sic] or An analysis of honor and armory. by Matt: Carter Esq.

Of HONOR in Generall, and of its Particular Divisions.

THe Heraulds of former a∣ges have, many of them, not onely divided the nobler sort of men into severall degrees, but di∣stinguished likewise the inferiour rank into four forms: But (as in some other things) in that also I shall forbear to fol∣low their method, as not altogether so perti∣nent to the intentions of this compilement. It is but an easie caution in me, when I know not how few I shall 〈◊〉〈◊〉 by my best demerits, not to stumble into the hazard of disgusting many, by a rash enterprise in a weak endea∣vour; considering especially the present tem∣per of the world.

The great and wise Disposer of all Entities hath contriv'd every thing into such a Method, as in every particle of the Creation is discover'd a most excellent harmony, in which that of the degrees and honorary distinctions is as admira∣ble as any; and this is the intended scope of this 〈◊〉〈◊〉. Some he 〈◊〉〈◊〉 created to honor, and some to dishonor; 〈◊〉〈◊〉 a difference and

variety in all things, that by a rule of contraries they might the better display themselves. Some men he hath richly adorn'd with Excellency, and elevated them with the sublimary glories of Honor, Nobility, and Greatness; and others again (in the same light they shine) hath he obscured with contraries of Meanness, Ignobi∣lity, and Indigency. Of the latter I shall onely say, that for them to Spurn at the more hono∣rable, because themselves are debased to an in∣feriority, is to kick dirt in the face of that infi∣nitely just and wise God of our Creation. The first being the intended concernment, I for∣bear any farther discourse of the latter.

Nobility (saith Sir John Fern) is thus defi∣ned, * 1.1 Vir Nobilis idem est, quod notus ac per om∣nium or a vulgatus; A Gentleman or Nobleman is he which is known, and through the Heroical vertues of his life talked of in every man's mouth. In short, amongst all men it is defined, A certain eminence of some above the rest.

This is by the same Author distinguished into three Species, Nobility supernaturall, No∣bility naturall, and Nobility civill or politicall. Supernaturall, as in the heavenly Hierarchies, or sacred Principalities: And that there are or∣ders * 1.2 and degrees amongst them, we must be∣lieve, or renounce our Christianity; but I leave the further discovery thereof (as too sublime) to more mature and deliberate contemplations.

The second is Nobilitas physica, or naturall Nobility; consisting in the great variety of na∣turall creatures, obvious to our human senses.

As for example, Among the Planets, the Sun is the most noble; among the Elements, Fire; among the Plants, the Cedar; among Flowers, the Rose; of Metalls, Gold; of Jems, the Dia∣mond; of Fish, the Dolphin; of Birds, the Eagle; of Beasts, the Lion; and amongst Men, the King.

The last is Nobility civill or politicall, which onely relates to Mankind; and though some have distinguished the generality of a Com∣mon-wealth into two divisions onely, the No∣ble and Ignoble, the Gentry and Commonal∣ty; yet either part are again subdivided, accor∣ding to the policy of civill Government, as well as the providence of divine Ordination.

When first this distinction came amongst us, is by some thought uncertain; but for my part, not. For doubtlesse it hath been continued from the first encrease of Mankind in the world; for if there were Kings and Governors, certainly other distinctions, (vertue being still admired, and honored, and some signall put * 1.3 upon it); and, Dignitas & Nobilitas idem sunt, dignity or preferment to power is that which makes a man noble.

And that there were Kings long before the Floud, as Mr. Selden (that excellent Master of Antiquity) is of opinion, is evident by those words he inserts, which signifie, that Adam, after the propagation of Mankind, was esteem∣ed * 1.4 nor onely the Father, but Governor, in a kind of Royall or Monarchicall power, during his life; and Seth his son succeeded him in the like.

The Jews called such as were in the state of Nobiles among them, Ben Ish, or Filii viri, or * 1.5 the sons of great men; And the sons of men of common rank, they tearmed, Sons of men, by filiihominis.

And the Scripture in many places distin∣guishes men thus, as in that of the Psalm: as * 1.6 well the sons of great men, as of men of com∣mon rank, both rich and poor together. And this distinction of men hath descended to us with so much severity, that our Saviour himself gave example in his Practise and Rule, in the charge he left us for it, in these words, Speak not evill of Dignities, and many other the like. And the Civill Law hath formerly been so se∣vere in the preserving this distinction, that Gentle or Noble were prohibited the marrying. * 1.7 with the Ungentle or Ignoble; as the Ignoble were debarred from any honour or dignity, to hinder the evill of introducing mongrell and mechanick dispositions in the Common-wealth, and consequently such impostumated humors as is commonly the Off-spring thereof, even among the greatest Nobility.

The Law commanded, that in case a Guardian, being a Person of honor, having the tuition of a Child under age, and should marry him to the daughter of an ignoble person, it was an injury done to the whole Family, & a penalty should be inflicted upon the Guardian; the reason, for though the Husband cannot be ennobled by the Wife, yet the Issue of that Male is debased and a Mongrel; and primogenitus est totius geniturae

quasi splendor & gloria; and the glory of children are their parents. * 1.8

Civill Nobility is an excellency of dignity, and fame, placed in any Nation, People, or Blood, through the virtues there shewed forth, to the profit of that Common-wealth, as Sir John Fern defines it. * 1.9

This he divides into three so ts: of N tions, Cities, and Families.

These last are by the Greeks termed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in Latin Nobiles, Ingenui, and Generosi, in * 1.10 French Nobles, in the Empire 〈◊〉〈◊〉, a∣mong the Spaniards Hiidalgo, and Gentilhome, or Gentilhombre; and in the old Saxon, Ardel.

Aristotle maketh four kinds of civill Nobi∣lity, * 1.11 viz. Divitiarum, Generis, Virtutis, & Disciplinae.

Cicero attributes the Crovvn of Generosity to the virtuous, and therefore is understood to al∣low of no other Nobility; and Diogenes was so * 1.12 cynicall, as to term nobleness of blood a vail of lewdness, a cloak of sloth, and a vizard of cowardice: And what would he have said had he liv'd in our age?

But to lay by these and many other divisions, the Philosophy of latter times have refined Ci∣vill Nobility into a triple division.

The first by Blood, the second by Merit, the third by Blood and Merit; which last, without doubt, must receive the estimation of the most * 1.13 honorable. See Sir Johu Fern and Mr. Segar in his Honor Military and Civill. And also by place in the Common-wealth. And Bartholus,

In the Court: his words are, Omnes 〈◊〉〈◊〉 * 1.14 Principi 〈◊◊〉〈◊◊〉, & ideo Nobiles; cùm 〈◊〉〈◊〉 & nobilitas idem sunt.

Nobility of Blood, saith Sir John Fern, is a Nobility drawn from the first House, and conti∣nued through the virtues of those succeeding; which the Laws and Customs of Nations have permitted the progeny and kindred to chal∣lenge as their Inheritance, though for no excel∣lency in themselves that enjoy it. And this is the Nobility which Boetius takes notice of, * 1.15 when he saith, Nobilitas est quaedam laus pro∣veniens de 〈◊〉〈◊〉 parentum.

Now as Nobility by Blood and Merit is justly esteemed the most honorable, so certainly this the least; the glory they shine in, being but the reflection of their Ancestors, and not their own proper rayes.

Neither are dignities and discents of blood * 1.16 enough to ennoble us, for whatsoever is not within us cannot justly be called ours, but ra∣ther the graces and goods of fortune. Genus & proavos, & quae non fecimus ipsi, Vix 〈◊〉〈◊〉 nostra vaco.

And certainly the Honor atchieved by an Ancestor, livs in his Family as his, and to the memory of his vertues, and example of theirs; which ought doubly to oblige them to care, first, in keeping that tenderly, which their An∣cestors purchased so difficulty; and to shew themselves the true heirs of such noble spirits, in their due imitations of those renowned vertues.

Therefore it is but vain for a man to boast, that he can derive the foundation of his honor from the renowned catalogue of worthy An∣cestors, and himself degenerate from their heroicall virtues; for at the best they blaze but another's honor, and their own shame; and may quickly be answered as Hermodius was by Iphierates, (who upbraided him with the stain of so base a parent) My House taketh beginning in me, but thine taketh end in thy * 1.17 self.

And our Nation hath produced too many that deserve the saying of Lycurgus, whose Soldiers bragged much of the Nobility of Her∣cules being derived to them; he told them, Hercules's nobility would avail them nothing, except they did those things whereby Hercules became Noble.

The second is, Nobleness of proper Virtue, * 1.18 atchieved by Merit; which is certainly to be esteemed above the other: for a Country's safety dependeth upon 〈◊◊〉〈◊◊〉, counsell, and courage of the virtuous; when the 〈◊〉〈◊〉 boastings of an authentick Stock, where vertues fail, do add nothing to the relief of a Com∣mon-wealth in time of need.

The Romans attired their Knights with a Ring for faithfulness, a Buckle for stedfastness, and a Bracelet for industry, as signes of vertue; not of sloth, the appropriated priviledge of succeeding Nobility.

And in all Nobility, Author & 〈◊〉〈◊〉 à quo primum 〈◊◊〉〈◊◊〉 in signia profecta sunt,

& homo novus fuit: The first atchiever in any stock whatever, was a new man ennobled for some demerit; Sir John Fern. And all men will judge him that was the originall of a fa∣mily more honorable, than him that succeeded him two or three descents, not adding to that honour by any merit of his own.

Now these two qualities meeting in one man, is it that maketh the perfect Gentleman; and such a man ought to be preferred before all * 1.19 others in the receiving of Dignity, Office, or Rule, in the Common-wealth.

Wherefore by the Laws of Arms antiently, these seven circumstances were regarded in the chioce of a Captain or Leader; his Age, his Virtues, his Faith or Allegiance, his Know∣ledge in Martiall Discipline, his Authority, his good Fortune; and lastly, his Blood and Gentry.

And antiently none were admitted into the Inns of Court, but who were Gentlemen of Blood, be their Merits what ever; as the Foun∣dations of some of 〈◊〉〈◊〉 do yet shew.

Therefore it is the best Patrimony a Father can leave his Son, to bequeathe him the glory of his merits, with the state of Gentility; And the best honor the Son can do to the deceased Parent, is, to continue his name in that estate which his Ancestors left him, and by imitating the virtues that obtained it, to preserve it without a stain.

Which consideration hath been the occasion to stir up many generous spirits to a noble con∣tention, and commendable emulation, to ex∣alt

the worthiness of their Familie's fame.

What those virtues are that must thus enno∣ble men, Sir John 〈◊〉〈◊〉 hath taken too much care, I think, in demonstrating; for whose sake I shall take as little: First, he tells you of all the Cardinall virtues, and then what they are; which I am so confident as to believe, every man understands, that knows any thing: But I shall take up this conclusion, as that from them, as a true Fountain, these Rivers must flow; for there is such a connexion and chain of affinity in these virtues, that none may be severed from the rest, and that man may be truly said to be virtuous; though, Like as the body is conserved by the nourishment of the four Elements or Complexions, so that the extinguishment of any one of them is destruction to the body; yet the constitution of that body is generally tearmed from the predominancy of some one of them that is most erninent in him: So, the vertues of a man may be esteemed from the paticular discovery of someone more eminent. But if we will make any difference in the me∣rits of Atchievment, it may be best done in short, by taking notice onely of Prudence and Fortitude, from whence that generall opinion of the world, that Merit was onely by the Pike or Pen, is derived.

And though it has ever been a dispute, to which of these the precedency should be al∣lowed; yet, I think, a little reason will decide it, For though there hath been so much of Honor allowed in all Ages to Prudence, yet we ever

found the first succession of Honor was from the atchievments of Fortitude, as in the ex∣ample of the Roman Statues; and at this day the publick example of the Shield, whereon all, both Civill and Military, do illustrate their atchievments, which should be enough to end that controversie; though some have been very violent in a dispute to prefer the Doctor to be before the Knight.

To obtain estate of Gentility by learning, and discovering the secrets of Heaven, is very ho∣norable certainly; but to atchieve it by service in his Soveraign's Wars, the defence of the Church, King, and Country, is of all most ex∣cellent and worthy. In which case, War is per∣mitted by the Law of God, taught us by the Law of Nature, and commanded by the Laws of all Nations.

Sir William Segar, when he speaketh of the * 1.20 Nobility allowed to Prudence, disposeth it in the second Place: And Sir John Fern, spea∣king of learning, gives it the same; onely of all under that genus, when the degree of the Do∣ctor of Divinity differenceth; he saith, It excel∣leth all other degrees in Learning in four re∣spects; first, the excellency of the subject it treateth of; secondly, for the dignity of the matter, treating of things beyond reason of Philosophy, or the reach of Human Wisdom: thirdly, the excellency of the end whereunto it is ordained: lastly, the worthinesse of the Au∣thor's authority, receiving it not from mortall men, as all other Sciences, but from the Spirit of God.

Now a man may be ennobled by Leters Pa∣tent * 1.21 from his Prince, though he have not the Superior Titles added; as by the example of Jo. de King ston, who was by Patent from K. Ri∣chard the second receiv'd into the state of a Gentleman, as you may see at large in Mr. Selden's Titles of Honor.

As also in another example of Hen. 6. 〈◊〉〈◊〉 * 1.22 by the word Nobilitamus, creates Bernard An∣geuin, a Burdelois, a Gentleman: and a latter of K. James to a Hollander.

Which examples makes him divide Honor into Nativa and Dativa.

There were Codicilli 〈◊〉〈◊〉 in the Em∣pire, by which men were entitled to the Ho∣nors of Nobles.

And there have been Edicts made in France * 1.23 for the like ennobling of Centry, the form whereof Mr. Selden's Book sets forth at large.

There is a whole Title, De honorariis con∣dicilliis * 1.24 in Theodosius his Code, and some Laws concerning them, as antient as Constantine.

There is another kind of Nobility, and that * 1.25 is called Nobilitas adoptiva, a Gentility arising from adoption; when a Gentleman of Blood, and Coat-armour, for some speciall affection (though neither allyed to his Blood, or a Gen∣tleman otherways) adopteth a stranger to be his son, and constituteth him to succeed, as well in his Estate of Gentry, as to his Name and Possessions.

An example of the like, also of great Anti∣quity, * 1.26 in Salustius Tiberius, à 〈◊〉〈◊〉 his for∣mulari,

where the greatest part of a Gentle Family assembling, do by consent adopt a stranger that hath well deserved of them to be of their Family, as if he were descended of a Male from among them, creating him a Gen∣tleman, to be reputed De domo & agnatione ipsorum; and granted him also their Arms, and limited the whole honour to him, and the Heirs of his body.

But this creation cannot make him a Gentle∣man by birth, as it is in Spain a proverb, The King cannot make an Hidal go: he may be No∣bilis, but not Generosus; which Mr. Selden de∣fines to be qui, bono genere ortus, non degene∣rat, which the Dutch have the word 〈◊〉〈◊〉 for, which is well-born in English.

But this word Generosus hath been in use a∣mongst * 1.27 us but since the time of Hen. 8. since when it hath bin constantly used for a Gentle∣man of what sort soever, if he had no title a∣bove it: the word Gentleman being before ge∣nerally used in the like nature in Writs, Plead∣ings, and the like, though they were Latine.

This word Gentleman, did first rise from the word Gens or Gentes, which the Christians in the Primitive times used for all such as were neither Jews nor Christians; which our English Translators turn Gentiles; as the French, Payens for Pagans; the Dutch, Heyden, or Heydenen, for Heathen.

So afterward, the same word and Gentiles was used in the Empire, for all such as were not Cives Romani, or Provincials.

But it is more reasonably resolved, that the word Gentleman is derived from this origina∣tion.

That the Northern Nations, framing their words out of Latin to make up their Provin∣cial or Roman Tongues, so esteemed the word Gentilis, by which they found themselves styled * 1.28 in the Latine, that they now made it in those Tongues a distinction or note of Honor, for such of them as were of more eminent quality; ambitious, it seems, to be honored with that very name, with which the Romans had before in scorn expressed them. By which means Gentil-hommes became generally a word a∣mongst the Provincialls for Nobiles.

So that from the word Gentil homme, 〈◊〉〈◊〉 * 1.29 Gentilhombre, (which we received from the French, for till the Normans we had it not) we made out this word Gentleman, which was be∣fore called AEdel.

This Nobilis or Gentleman (as before we find) is a generall denomination for all that come under the notions of Honor, (for indeed it is our vulgar genus, for those also that are di∣stinguished by higher Titles) but to those that are not more properly, the Species whereof I shall a little further look into.

Of the Doctor of Divinity, I spake before; the next is the Doctor of Law, which hath also held a dispute of precedency with the Knight, but to lesse purpose than the other; the same reason that held in the major, must of necessity in the minor. Besides, admit the great benefit

and necessity of Laws in a Common-weal for the preserving of peace; yet we must acknow∣ledge, that the peace which produced those Laws was the effect of the Sword; and neither is Peace able to protect those Daws, nor those Laws Peace, without the assistance of Military Authority.

And so necessary is the profession of Arms, * 1.30 that no Common-wealth, no City, no publick Society, can subsist without it.

Aristotle, when he speaketh of the constitu∣tion of a well-govern'd City, in the first place calleth Soldiers the true Citizens; And at the same time faith, Ea Respublica tyrannidem 〈◊〉〈◊〉, quae fortes & saptentes minimè honorat.

Plato, in the institution of his Common∣wealth, appoints one sort of men (far more ex∣cellent then the rest) whose office should be the taking up of Arms for the defence of the other Citizens, to which he allowed many pri∣vileges; and that they should be more hono∣rable than any other state of people. Sir John Fern determines thus, In artibus militaribus, vel in actu indiffer enti, data paritate Militum * 1.31 & Doctorum, &c. semper praefertur 〈◊〉〈◊〉 Miles Doctori, & sic de singulis, de gradu in gradum.

And the same Author understands this rule to extend also to the Serjeant at Law, as to the Doctor at Law.

Neither can I any way derogate in other re∣spects from the honor due to a Doctor at Law; for they are to be preferred in the second place

below a Knight, that is, next the Doctor of Di∣vinity, out of the respect due to the Law it self; And what respect hath always bin given to it, you may see by these of the Fathers, Quid enim * 1.32 sunt regna, nisi latrocinia, remotâ 〈◊〉〈◊〉 quae est legum effectus?

And again, Justitia regentis est utilior, 〈◊〉〈◊〉 * 1.33 fertilitas 〈◊〉〈◊〉, solatium pauperum, haeredi∣tas filiorum, & sibimetipsi spes futurae beati∣tudinis. This Doctor, as well as the Doctor of Divinity, hath for his honor many Ceremonies and Tokens of Honor appropriated to his Creation or Commencement.

As first, a Book, in token of his Learning. * 1.34 Secondly, a Habit, which is called Biretrum, 〈◊〉〈◊〉 bis rectum. Thirdly, a Ring, to shew how he is espoused to Philosophy and Science. Fourthly, in token he is a Doctor he must sit in a Chair, which hath been thus described: It ought to be four-square; in the forepart should be painted a Young-man of great strength, noting labor and love, to work and to finish; on the hinder part two Virgins, called Care and Vigilancy; on the right side a Young-man well girded, car∣rying in his arms things of small value, to sig∣nifie the mean estate of wealth; and on the left, a man running away, to shew that the study of Science requires a volunary exile from all rela∣tions. The fifth Ensigne is a Girdle about his loyns, with these words, Take this Girdle, and gird thy loyns with a bond of Faith, so that thy body may be adorned with all vertues, that thou mayst seem before God and man perfect in thy degree.

Lastly, a Kiss, with these words, Take the * 1.35 Kiss of Peace, in token thou shalt ever seek to preserve the bonds of Concord in thy Faculty.

The next place amongst these honors is due to the Doctor of Physick, which being the very perfection of naturall Philosophy; and from the necessity of it in a Common-wealth, is al∣lowed the name of Liberall, and not Mecha∣nicall Science.

To this Profession also is admitted the bear∣ing of Arms; but in that case the Herauld ought always to be carefull, to have regard in the designment to the 〈◊〉〈◊〉.

Which bearing of Arms is the 〈◊〉〈◊〉 badge of all Honor, as in its due place shall be set forth.

Neither are the rest of the Liberall Sciences debarred from the like priviledges, according to the excellency of the Professors. To which is adjoyned Poetry, which among Antients * 1.36 hath been honored with the style of Sacred; and Poets called Prophets by the title of Vates.

St. Austine give them this character, Poetae * 1.37 Theologi dicti fuerunt, cùm de diis immortali∣bus multa scriberent, quales Orpheus, Musae∣us, & Linus.

How they have been honoured of Princes is evident in every Chronologie; amongst which, that of Alexander is most 〈◊〉〈◊〉: With Homer will I sleep, with Honor will I wake; Homer is a fit companion for Alexander. The Ensigne usually given to a Poet Laureat is the Swan, signifying pureness of style, the Bird of

Venus, and consecrated to the Muses; and some∣times a Pegasus, as to Michael Drayton: See his tombe in Westminster.

To this I must joyn, and indeed should give the precedency to that sister-Art of Painting, than * 1.38 which none hath received more honour in the World, though too Mechanically slighted a∣mongst us; which hath been the reason we have not arrived to that excellency that some other Kingdoms have done in it: For, 〈◊〉〈◊〉 is the true spurre to perfection.

This hath been for its sublimity reckoned with much honour among the liberall Sciences, by many Princes; nay, Pliny calls it plainly, a liberall art, whose reasons not his own onely, * 1.39 but modern times have approved: & much rea∣son there is to give it that honour, since its per∣formance is by the exact engagement of Geo∣metry, Arithmetick, Perspective, and indeed all points and species of natural Philosophy; besides the remembrance of the great estimation it was in amongst the Grecians, whose Kings (many of them) were proud in professing the Art.

And then the law amongst the Romans, that no man should undertake it but such as were Gentlemen; because the brain of a clown must be too durty, and muddy to arrive at excellen∣cy in it. They were also to be of estate; that the labouring for a lively-hood, might not take them off from industrious study for perfection.

Other examples, that Princes have given of their delight in it, is declared in the Ingenuity of Francis and Emanuel, Kings of France; and

many Germane Princes since. Under which genus I wish the Ingenuity of our Nations, like as others, would also comprize that species of Graving, an art too noble to be so much slighted as it is amongst ingenuous men. History also be∣ing * 1.40 esteemed a witnesse of time, a light of truth, a mistris of life, and a messenger of antiquity, deserves from its Country the gratefull return and reward of its merits.

In generall; if any person be advanced by * 1.41 lawfull commission of his Prince to any office, dignity, or publique administration, be it either ecclesiasticall, military, or civill; so that the said Office comprehends in it, dignitatem, vel dignitatis titulum, he ought to be matriculated into the rank of Gentility.

In the State Ecclesiasticall are, Patriarchs, Primates, Archbishops, and Bishops; all which by custom of the Realme, and Royall grants of 〈◊〉〈◊〉 Princes, are invested Barons, and ad∣mitted to the high Court of Parliament: But more of that in its due place.

Also are admitted to the state of Gentility, Vicars Generals, Guardians of Spiritualties; Deans of Cathedralls, Arch-Deacons (called 〈◊〉〈◊〉 Episcopi,) Chancellours, Treasurers, and Chauntors in every Episcopall Sea, so Sir John Ferne; as also Doctors, Provosts, Deans, and Governours of all Collegiate Assemblies.

In the Military or Marshall Government, the high Constable, Lievtenant-General, Marshall, Admiral, Major General, Quartermaster-Gene∣ral, Treasurer of the Army, Guardians of Fron∣tiers, * 1.42

the Master of the Horsemen, or grand Es∣squire, the Master of Artillery, the Colonel, Ser∣jeant-Major, Captain and Provost; and indeed all that receive Commission from their Prince.

In the Civill or Politicall estate; the Chan∣cellour, President, Treasurer, Judges, Justices, Chief-officers of the Pallace-Royall, Secreta∣ries of State, Mayors, Provosts, and Baylifs of Incorporate Cities and Towns.

And since from the seat of Royalty and Ma∣jesty, all honours do flow, it is no reason this Fountain should by any restriction be limited, neither is it; for as before in the discourse of Gentility, by Patent it is signified, so there is another sort of Gentility, made by the Prince, which as it is by Patent, ought to have taken place there; but being by purchase only, and not of merit, is esteemed of all the most inferior, and therefore to be set in the lowest degree.

The King, saith Sir John Ferne, may also create a Gentleman, and give him Coat-Armour to * 1.43 bear, although he be unworthy of the same, but, saith he again, est haec quaedam fucata Nobilitas & non ver a nec essentialis, it is but a counterfeit Nobility, so that this Gentility brings the pur∣chaser little more then the shadow of Honour, to shroud him from the name of Plebeian, and these Gentlemen by the strictnesse of the Laws of Honour, are excluded from the priviledges * 1.44 of Gentility.

Then, saith Sir Wil. Segar, a simple subject be∣ing 〈◊〉〈◊〉 a Gentleman, by the Prince's grant, and does not exercise the qualities beseeming

that dignity, ought to be deprived of his Title.

This consideration made Sigismond the Em∣perour, answer one soliciting for such honour; I can, said he, make thee rich, or exempted with priviledges; But, without virtue or noble de∣sert, it lieth not in Caesar's power to make a Gentleman.

And the retort of a Gentleman to a Knight, (which my self knew) was not amisse, being to the same purpose, who said, It was more honour to be a Gentleman and no Knight, then to be a Knight and no Centleman, the Knight being then a Knight meerly by purchase, without any desert at all in him: too many whereof are 〈◊〉〈◊〉 in our Nation.

Privileges due to Gentility.

NOw since others, as Sir Jo. Fern, and Sir Wil. Segar, have been so punctuall in dis∣coursing the priviledges due to Gentility, I can∣not but touch upon it a little, before I passe to the next degree of Noblenesse, which is the Esquire.

The priviledges, as they have laid them down, are these.

1. Pro honore sustinendo, if a Churl, alias Pe∣sant do detract from the Honour of a Gentle∣man, he hath a remedy in law, actione injuri∣arum; but if by one Gentleman to another, anciently, combate was allowed.

2. In crimes of equall constitution, a 〈◊〉〈◊〉

shall be punished with more favour then a common person; provided the 〈◊〉〈◊〉 be not Heresie, Treason, or excessive Contumacy.

3. The many observances and ceremonious respects, that a Gentleman is, and ought to be Honoured with by the ungentle.

4. In giving evidence, a Gentlemans atteste∣station * 1.45 is to precede a Clown's.

5. In election of Magistrates, and Officers by vote; the suffrage of a Gentleman shall take place of an ignoble person.

6. A Gentleman ought to be excused from base services, impositions, and duties, both reall and personall.

7. A Gentleman condemned to death, ought * 1.46 not to be hanged but beheaded, and his exami∣nation taken without torture.

8. To take down the Coat-Armor of any Gentleman, deface his monument, or offer vio∣lence to 〈◊〉〈◊〉 Ensigne of the deceased Noble, is as to lay buffits on the face of him alive; and punishment is due accordingly.

9. The Clown may not challenge a Gentle∣man to Combat, quia conditione impares.

Many others there are, but it would be too * 1.47 tedious to insert them, I referr the Reader to Sir John Ferne, his Glory of Generosity.

For the protection and defence also of this civill dignity, they have discover'd three Lawes provided: the first, Jus Agnitionis, the right, or Lawes of Discent for the kindred of the Father's side: the second, Jus Stirpis; for the whole Family: the third, Jus Gentilitatis, a

Law for the descents in Noble Families. Which Tully esteemed the most excllent, of which Law a Gentleman of blood and Coat-Armor per∣fect possessing virtue was only priviledged.

To the making of which Gentleman per∣fect, in his blood, was required, a lineall descent on the part of his Fathers side, from Atavus, Abavus, Proavus, Avus, and Pater; and as much on his Mothers line: then is he not only a Gentleman of blood perfect, but of ancestors too. The obscurity and neglect of which Laws hath introduced other sorts of Gentlemen a∣mongst us, which are men taking the style of Gentleman being neither of blood nor Coat-Armor; which style only serves to hurry them to an unruly pride, when indeed it is but rude and false Honour, and is by Sir John Ferne termed apocryphate, and debarred of all priviledges of Gentility. These Gentlemen, nomine, non re, he calls such of the Students of the Law, Grooms of the Soveraign Palace, sons of Churls made Priests or Cannons, &c. and such as have recei∣ved degrees in the Schools, or born office in the City; so that by that they are styled by the title of Master, yet have no right to Coat-Armor.

As to the Student of the Law, Sir John Fern allowes him the best assurance of his Title of Gentleman, of all these irregular and untriall Gentlemen, (as he terms them;) for so much as in some Acts of Parliament he is named with the Title of Gentleman, yet he saith, that he is also debarred from all honor and privi∣ledge of the Law of Armes.

But those Students were antiently by cu∣stoms of the Inns of Court, (as I shewed be∣fore) to be weeded out of the Societies, if by chance any were crept in; and none to be admitted but Gentlemen of Coat-Armour; * 1.48 by which excellent Rule the younger sonns of Gentlemen would have the priviledges and be∣nefit of that study, to maintain and support them, as it is in the Empire of Russia, and ma∣ny other Nations; when as now every Clown, that can but pick up so much money at the plough tayle, as shall fit his son up for that stu∣dy, receives the benefit, and the Gentry of the Nation frustrated of that support; which cau∣ses so much decay amongst them, that younger sons of Gentlemen, (being thus destitute of imployment) are commonly the objects of much pity, either for the suffering, or doing much evill; and the Common-wealth in ge∣nerall, much prejudiced by the insultan∣cy of such mungrell spirits, in eminent prefer∣ments; which they too often come to, more by insinuated favour, than reall desert: And in∣deed not in that case only, but in Church pre∣ferments also; and by this means is it, that so much corruption and abuse is the daily leprosie both of the Civill and Ecclesiasticall State.

The Romans were so carefull of the preser∣vation * 1.49 of Honor, that they had a custom by which the children of noble Persons unprovi∣ded for should be maintained out of the com∣mon treasury: which custom, though all ages have most infinitely applauded, our Nation

hath so absolutely exploded, that the Gentry are in all cases hindred as much as may be of all preferments that should give it them, without burthen to the Common-wealth: But it is to be hoped, succeeding times will produce better manners.

Of the Esquire.

THe division of these Dignities of Honour, was antiently but into twelve parts; but the addition of Knight Baronet hath made them thirteen: The six first only Noble, as, the Gentleman, Esquire, Knight Bacheler, Knight Banneret, Knight Baronet, and Baron: The o∣ther seven Princely, and are allowed Crowns and Coronets; as the Viscount, Earl, Mar∣quesse, Duke, Prince, King, and Emperour. Sir John Ferne placeth the Viscount in the first di∣vision, but I think improperly, in regard of his Coronet.

Of the lowest of these enough is said, the next is the Esquire, according to my intended method.

The Esquire, or Escuyer, is called in Latine Armiger, but more antiently Scutiger, from the office of bearing a Shield as an attendant upon a Knight, and were (militaris ordinis) can∣didati in the field, because they served not as Knights Bachelers, nor Bachelers, which was * 1.50 then a distinction. The etymology of the word will something signifie as much, being from Scu∣tum

in Latin, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in the Greek, which is a Shield, from the antient way of making it in leather. Armiger nuncupatus est qui Domini sui 〈◊〉〈◊〉 bajulat, ipsisque 〈◊〉〈◊〉 cingit, saith Sir Henry Spelman in his Glossarium, p. 50. Neither came this title in * 1.51 honorary amongst us till the reign of Richard the second: though the Title as to office was much antienter amongst us, yet the antientest mention of it is in † 1.52 Order Vitalis, speaking of William Fitz-Osberne Earl of He∣reford, and Odo Earl of Kent in the time of the Conqueror. Nam Armigeros suos immodicas praedas, &c. facientes.

Dr. Argentre, President of the Parliament of * 1.53 Rhemes, speaks thus of them: Esquires are, Qui scutums Ducibus aut Patronis praeferebant, po∣steriùs et Strateres, qui Dominos in equos tolleren, & equos regerent. Is qui primus inter coeteros gradus Nobilitatis. And Verstegen tells us, the Teutonick word was Scyld-knapae, which is a * 1.54 Shield-serviture; but some have since gotten another distinction for the title, which is, that they are Gentlemen, bearing Arms and Armo∣ries, in testimony of Nobility, or race from whence they are come.

Sir Edward Cook * 1.55 in his Exposition upon the Statute of 1 Hen. 3. chap. 5. (of Additions) saith, that the word Esquire, Armiger, or Scu∣tiger, in legal understanding is derived ab armis quae clypeis gentilitiis honoris insignia gestant. In which sense, as a name of estate and degree it was used in divers Acts of Parliament before the making of that Statute, and after also.

But by this the Honour of the title is lost, and every Gentleman of Coat-Armor shall have as great a share in it as themselves; which in truth hath not been since the dividing the Gentility into these two divisions; when this title of Es∣quire was made a legall and appropriated ad∣dition.

Of these, there are four sorts: By Creation, * 1.56 by Birth, by Dignity, and by Office.

Esquires by Creation are sometimes made by Patent, as one Jo. de Kingston was by King Rich∣ard, as I mentioned before, being received into the state of a Gentleman, and made an Esquire, * 1.57 and sometimes by the giving of a collar of SS. by the King, as an ensigne of the title. Eúmve (saith Sir Henry Spelman) argentatis calcaribus donaverit. Which silver Spurs were given by the King, as the Gold was to the Knight, to dif∣ference the Honor; from whence they are cal∣led White-spurs.

There is commonly given to him also an ad∣dition to his paternall Coat, or a new Coat, if he owned none before, which is due to the descen∣dents onely of his body, not related to any of his line besides; and the eldest son of that * 1.58 Coat-Armor is ever an Esquire.

Esquires by birth, are the eldest sons of Knights, and their eldest sons successively.

Sir John Ferne, and Sir Henry Spelman call all Esquires, that being the sons of Lords, are not allowed the title of Lords: but Sir Henry Spel∣man * 1.59 again, Propriè natalitio jure Armigeri di∣cuntur, Equitum auratorum filii primogeniti; &

ex ipsis haeredes inperpetuum masculi.

Those by Office, are such as bearing high Offices in the Commonwealth or Kings Palace, have not the augmentation of Knighthood or Lordship. Such are the Sergeants at Law, * 1.60 Sheriffs, Escheators, the Sergeant of every Office in the Court. But these are only the pos∣sessors of that dignity; it dying with them: And not only so, but if he lose his Office, that is a Gentleman by Office; he lo seth his Genti∣lity also.

And this ennobling by Office was also a∣mong the Saxons, and hath so continued among them, saith Mr. Lambert, If a Churle so thrived, that he had fully five Hides of Land of his own, a Church, and a Kitchen, a Bell-house, and a Gate, a Seat, a severall Office in the Kings Hall, then was he the Theynes right worthy. A∣mongst which sort of Esq those four of the Kings body are the principall, which (he saith) are to be esteemed above the elder sons of Knights. And indeed in all processions of State, * 1.61 they go before the Master of the Jewell-house, all Judges or Sergeants at the Law.

Of Knighthood in generall, and of the Knight Bacheler.

OF the distinctions by Knighthood there are many in other parts of the World; but in England only these, Knights Batchelers, Knights of the Bath, Knights Bannerets, and Knights Baronets, and Knights of the Garter.

The word Knight, as Mr. Selden saith, com∣ing from the Saxon 〈◊〉〈◊〉, which signified puer, or servus, as Dienaknecht is yet among the Dutch, for a man-servant. So Tenants by Knights service were called Milites, or Chiva∣lers, * 1.62 because their service was military. Knights (saith Mr. Cambden) who of our English Law∣yers are termed also in Latin Milites, and in all Nations almost besides, took their name of Horses. The Italians call them Cavalari, the French Chevaliers, the Germans Kutters, and our Britans in Wales, Margagh, all of Riding. Englishmen only term them Knights, by a word, that in old English-language, as also of the German, signifieth indifferently a Servitour, or Minister, and a lusty young man. Hereupon it cometh, that in the old written Gospels tran∣slated into the Saxon, we read, for Christs disci∣ples, Christs leorning knights. And elsewhere for Client or Vassal 〈◊〉〈◊〉. And Bracton (our ancient civill Lawyer) maketh mention of Rad Cnyhts, that is Serving-men, who had their

Lands with this condition, that they should serve their Lords on Horseback, and so by cut∣ing off a piece of the name, (as our delight is to speak short) this name of Knight remained with us. But whence it came that our Country∣men should, in penning the Laws, and all Wri∣tings since the Norman Conquest's time, term those Knights in Latin Milites, that is, Soul∣diers, was transferred unto those that conver∣sing near about the Princes person bare any of the great Offices in the Prince's Court or Train.

But with us, I conceive, those were first so called, who held any Lands or Inheritances in Fee, by this Tenure, To serve in the War, for those Lands were tearmed Knights Fees: and those that elsewhere they named Feuditary, that is, Tenants in Fee, were hete called Milites, that is, Knights; as for example, Milites Regis; Milites Archiepiscopi Cantuar. Milites Comi∣tis Rogerii; Comitis Hugonis, &c. for that they received those Lands or Mannors of them, with this condition, to serve them in the Wars, and to yield them fealty and homage; whereas others, who served for pay, were simply called Solidarii (from whence the word Soldier) and Servientes.

This Title comming to be a reward or degree * 1.63 of Honor, is thought to be in imitation of the Equestris Order in Rome, to which men were onely advanced for extraordinary virtue, and notable merit: who onely were admitted to beautifie the Caparizons of their Horses & their

Armor with Gold, from whence they were cal∣led Equites aurati.

In which time, all sorts of men were distin∣guished in their degrees by some garb or habit; as some by their clothes, some by cutting their hair, &c.

The Roman Knights also were allowed to wear a Chain of Gold, and therefore called Torquati, from Manlius Torquatus, who wore the first, obtained by him in a victory in France, which is by us yet imitated in the collar of S S. by which it is easily collected, that the true institution of it was a reward of Honor and Valour, not Sloath and Riches. And therefore all men thus ennobled, ought either to be deserving by action before, or by endea∣vour and good service after; and to be else esteemed unlawfull possessors of that Honor, at what rate soever purchased.

The first account of Ceremonies (that we * 1.64 have) at the creating a Knight, is in the exam∣ple of King Alfred, Knighting his grandson Athelstan; and after the continuance of them (it seems) grew more precise and customary, by Feasts, giving of Robes, Arms, Spurs, and sometimes Horse and Arms; untill our later times produced the new, yet usuall Ceremony, of a stroak over the shoulder with a Sword, with these words, Sois Chivaler au nom de Dieu, by the King, or some by his Commission, though the Spur hath lately been observed also.

Another manner of Creation there hath been also among the Saxons before the Conquest,

which was by sacred Ceremonies, shew'd by one * 1.65 Ingulphus, that lived in the time of the Con∣quest, by a solemn Confession, a Vigil in the Church, receiving of the Sacrament after an offering of the Sword on the Altar, and re∣demption of it; then the Bishop, Abbot, or Priest putting it on him, made him a Knight, with many prayers, called Benedictiones Ensis.

To this Order or degree of Honor, an Infant may be admitted, though he be a Ward, and * 1.66 then (till a late Act of Parliament ordained o∣therwise) his Wardship was free, both of per∣son and estate; but now their lands are not. And there were feudall Laws for, and at, the making the eldest son of a Lord a Knight, as there was also for the marrying of the eldest daughter, as in the Charter of King John, which was mony raised on the Tenant. But any man in the order of Priesthood is debarred the Honor of Knighthood of the Sword, Cùm eorum militia sit 〈◊〉〈◊〉 mundum, carnem, & diabolum. So Sir John Fern.

Though I find, that antiently they have been allowed it, but not without first laying aside their Spirituall Cures, and applying themselves to a Secular life. So Matthew Paris, Dei natalis Johannem de Gatesden Clericum, & multis dita∣tum 〈◊〉〈◊〉, (sed omnibus ante expectatum resignatis, quia sic oportuit) Baltheo cinxit mili∣tari. And then the persons that gave this Honor were sometimes subjects (without any superior authority granted to them) as well as Sove∣raignes, though long since it hath been an ap∣propriated

priviledge of the Crown. Land∣frank * 1.67 Archbishop of Canterbury made William the second a Knight in his Fathers life-time. But the name of Bacheler added to it seems not to * 1.68 have been till the 33 of 〈◊〉〈◊〉 the third.

Sir John Fern also tells of Ensignes that an∣ciently were marks of Knighthood, as a Ring on the thumb, a Chain of Gold, and gilt Spurrs. All which tokens of his Honor he was as care∣fully to preserve, as a Captain his Banner, which (according to the rules of Arms then) if he once lost basely in the field, he was 〈◊〉〈◊〉 of flying any more again, till he had regained the same or another from the Enemy.

To which end it was carefully to be provided, * 1.69 that such men as were endowed with this Honor, should have these Accomplishments, He ought to be faithfull and religious, just in his engagements, valiant in his enterprises, obe∣dient to his Superiors, expert in Military affairs, watchfull and temperate, charitable to the poor, free from debauchery, not a boaster with his tongue, ready to help and defend La∣dies, especially Widows and Orphans: and he ought to be ever in a readinesse, with Horse and Arms, and to attend the command of his Soveraign in all Wars, both Civill and Forrain; the neglect where of is a crime as great, as to fight against him, and merits at the least a shamefull degrading And formerly when the King hath been to make a Knight, he sate glo∣riously in his State, arrayed in cloth of Gold of * 1.70 the most precious and costly bodkin-work, and

crowned with his Crown of Gold: and to eve∣ry Knight he allowed or gave a hundred shil∣lings for his Harnessements, &c.

And Knights in this manner dubbed made * 1.71 this esteem thereof, that in it consisted the guerdon of their Virtue and Valour, the praise of their House and Family, the memoriall of their Stock and Linage; and lastly, the glory of their Name.

There are many priviledges belonging to that Dignity; and Mr. Selden speaks of a Law, that a man was to be punished with the losse of a hand, that should strike a Knight; yet he sayes, he remembers no example of the practise of it, which I think is the greater honor to the Dignity, as being a shame, that any such Law should be the guard of a man so honored with Arms, and appropriated to the Sword.

Against a Knight in the War, runneth no pre∣scription.

The Office of a Coroner in former times being honorable, none were capable of it but a Knight.

By antient Custom, none were admitted to * 1.72 the House of Parliament, but who were Mili∣tes gladiis accincti.

Many other priviledges there were appro∣priated to them, according to the rules of Ho∣nor, and custom of the Nation, as well as re∣quisites in them; which more at large may be understood in Sir Will. Segar's Honor Milita∣ry * 1.73 and Civill.

Where is to be found the severity in degra∣ding them. When if any Knight at any time had been corrupted with mony by his Prince's Enemy; or committed any other notable fact against Loyalty and Honor; he was apprehend∣ed, and caused to be armed from head to foot, and on a high Scaffold in the Church he was * 1.74 placed; and after the Priests had sung some fu∣nerall Psalm, as though he had been dead; first, they took off his Helmet, to shew his face, and so by degrees his whole Armor: and then the Heralds crying out, This is a disloyall Miscre∣ant; with many other ignoble Ceremonies, he was thrown down the Stage with a rope. This he mentions to have been about the time of King Arthur. We have many examples of lat∣ter times also of degrading Knights, for disho∣norably absenting from the service of the King, and other treasons; with which seising on all that he had (except one Horse; ne, qui digni∣tate factus est Eques, cogatur pedes incedere: for in all Countries, the Title is related to a Horse, from serving on Horseback;) and also by * 1.75 the cutting off their Spurrs from their heels, ta∣king away his Sword, reversing his Coat-Arms, and the like; as in the degrading of Sir Ralph Gray. See more at large Sir William Se∣gar, Mr. Selden, and Sir John Fern.

[illustration]

The Creation Robe of a Knight of y^e Garter

IT is ever to be observed, that when the word Knight is found without any addition of distinction, it is meant by the Knight Bat∣cheler. Of the Order of the Bath, the first that are taken notice of is in 〈◊〉〈◊〉, who gives an account of 46 made by Henry the Fourth: But Mr. Selden is of an opinion, they were long before.

Mr. Upton (in a Manuscript which Mr. Bish (a Gentleman much deserving of Honor from our English Gentry) hath since very 〈◊〉〈◊〉 il∣lustrated and published) takes notice of this Order in these words, Creantur 〈◊◊〉〈◊◊〉 modis, &c. Creantur in alio modo Milites per Balneum, qui modus multùm observatur in Anglia, & in 〈◊〉〈◊〉 Regnis. He lived in the time of Henry the sixth.

The Honor is invested with a great deal of noble Ceremony, as is seen by the example of Henry the seventh, when he sent Writs to di∣vers Lords and Gentlemen, to come up to the making Henry his second son Knight of the Bath, Ad ordinem Militia 〈◊◊〉〈◊◊〉 suscipi∣endum, * 1.76 juxta antiquam consuetudinem in cre∣atione usitatam.

When one is to be made a Knight of the Bath, he comming up to the Court, is very

nobly received by the Officers and Nobles of the Court; where he hath two Esquires ap∣pointed to wait on him, who convey him to a Chamber, where is to be Musick before he commeth to the Tubbs; then they uncloath him, and put him naked into the Bath, where, if * 1.77 there be any other Knights of the Order in the Court, they come in their Order and sa∣lute him, and after discourse concerning the Order, they sprinkle some of the water on his shoulder, and so depart. Then the Esquires convey him to a bed, where he is dry∣ed, and then he putting on his clothes, they put over them a long gray coat like a Hermit's weed, with long sleeves, and a hood; then the Knights return to him again, and lead him to the Chappel, where he receives a cup of spiced Wine, and with that salutes the Knights, who after leave him there, onely with his Esquires and Priest, where he performs a Vigill till almost day, with Prayers and Offer∣ings. After this, and some repose in his Cham∣ber, the next morning, where are Robes pro∣vided for him; the Knights wait on him a∣gain, and do service to him in his making ready; one giving him his doublet, another his breeches, another combes his head, &c. Then with Musick he is brought to the Hall in the Court on Horsback, accompanied with those Knights and Esquires, where the Marshall meets him. Then the King comming to the Hall, commands a Lord to put on his right

Spur, and making a crosse upon his knee, rises up and kisses him, and so another the left. Then the King puts the Sword about him him∣self, and smiting him on the shoulder, says, Be a good Knight, and kisses him. Then with the Musick he is conducted again to the Chap∣pel, where he goes to the Altar, and performs some Ceremonies, maketh protestation for the performance of the Orders of Knighthood. Then the King's Cook comes to him with a knife in his hand, to demand his fee; and tells him, That if he do any thing against the Or∣ders of Chivalry, he will cut his 〈◊〉〈◊〉 off from his heels. Then he is habited in a blew Gown with Maunches open, like a Priest, and so led again to the Hall.

The particular manner is more at large set down by Sir William Segar, in his Honor Mi∣litary and Civill, and Cambden's Britannia. They are distinguished ordinarily by the wear∣ing of a red Ribbon cross the left shoulder, as Knights of the Garter by the blew. And have this priviledge above all Knights, their sons are free from Wardship: as in the example of the Heir of Sir Thomas Wise of Essex, which was a Cause in Chancery, and the Heir Victor.

Of Bannerets.

THis was antiently an Order in France, and (excert that in England they are not cre∣ated by Parent, not the Title Hereditary,) the same: The creation is almost the same with theirs, by the solemn delivery of a Banner, * 1.78 charged with the Arms of him that is to be created, and cutting or tearing off the end of * 1.79 a Pennon or Streamers, to make it square into the shape of a Banner, are called by some Equites vexillarii.

Sir William Segar relates the Ceremony thus; He is led between two other Knights into the presence of the King or Generall, with his Pen∣non of Arms in his hand, and there the He∣ralds * 1.80 declare his merit, for which he deserves to be made a Knight Banneret, and thenceforth to display a Banner in the field. Then the King, or Generall, causes the point of his Pen∣non to be rent off; and the new made Knight returns to his Tent, the Trumpets sounding be∣fore him.

A Banneret thus made may bear his Banner display'd, if he be a Captain, and set his Arms thereon, as other Degrees above him.

And although the Knight Baronet be an honor given by Patent, and made hereditary;

yet, by Decree of King fames it is established, * 1.81 that all such Bannerets, as shall be made by the Kings Majesty, his heirs and successors, un∣der their Standard, display'd in an Army Roy∣all in open War, the King personally pre∣sent; for the tearm of the lives of such Banne∣rets, shall for ever take place and precedency as well before all other Bannerets, as the younger sons of Viscounts, and Barons, as also before all Baronets; but not other∣wise.

And this Order was of so great estimation, * 1.82 that divers Knights Bachelers and Esquires served under them; which Title, it seems, in many antient Writs, hath been mis-writ Bar∣ronets, as in a Patent to Sir Ralph Fane, a Knight Banneret under Edward the sixt, he is called Barronettus for Bannerettus; which Title of Baronet was not amongst us till King James.

Of Baronet.

THe Title of Baronet was erected by King James, in the ninth year of his Reign: He made diverse on the 22 day of May, whose Patents were all of one form, without any difference at all; the 〈◊〉〈◊〉 or Argument be∣ing for the propagating a Plantation in Ulster * 1.83 in Ireland, to which the aid of these Knights

was ordained; the words run thus, 〈◊〉〈◊〉, ex certa scientia & mero 〈◊〉〈◊〉 nostris, Ordina∣vimus, ereximus, constituimus & creavimus quendam statum, gradum, dignitatem, nomen & titulum Baronetti (Anglice of a Baronet) in∣fra hoc Regnum nostrum Angliae perpetuis temporibus duraturum. Their aid was the main∣tenance of thirty Soldiers in that Province for three years. Their Titles were to descend to the heirs male of their body, and to take place before all Knights Bachelers, Knights of the Bath, and Knights Bannerets, (the other De∣gree before specified, being afterward made) and that the name of Baronet in all Writs, Commissions, and Style, should be added to his Surname; and that the addition of Sir should precede in all mentionings of his name (as the Title of Lady and Madam to the Wives of them) and their Successors; and that they should take place according to the priority of the date of their Patents inter se, and so to their suc∣cessors. In which Patents also, the King did engage for himself and successors, that there should be but two hundred of them made; and that there should be never any degree of Ho∣nor established, that should take place between the Baronet and Baron; and if for want of heirs male, the Title in any should fall, there should never be any created in their room, but that the Title should diminish, to the honour of them remaining, and be by that means reduced to a 〈◊〉〈◊〉 number.

And afterward a Commission was ordained * 1.84 under the great Seal, for filling up the num∣ber, who had instructions also enacted; a∣mong which, they that desired to be admitted into the dignity of Baronets, must maintain the number of thirty Foot-Soldiers in Ireland for three years, after the rate of eight-pence sterling a day; and a years pay to be paid in (at the passing of the Patent) to the Exche∣quer.

And again, That they must be of good repu∣tation, and descended of a Grand-father, at least, by the father's side, that bare Arms; and have also a certain yearly revenue of one thou∣sand pounds de claro.

They were to take bond also for the true payment of that maintenance, and to appoint one particular Treasurer for it, that it might not come into the King's Exchequer.

After this, many being made, it was also or∣dained * 1.85 by the King, That they and their de∣scendents, being of full age, should be Knight∣ed; and that they should in a Canton or In∣escutcheon, as they pleased, bear the Arms of Ulster, which is Argent, a sinister hand, and Gules.

There are many other Orders of Knight∣hood, almost in every Nation; some appro∣priated to the Country, and some of more excellency, as is that of the Garter, where∣of in another place I shall speak with the rest; but these Titles have an estimated ho∣nor

due to them, greater or lesse, according to * 1.86 the quality of the creator: for the Knight made by the King, shall be preferred before a Knight made by a Prince of meaner title. So all Emperors, Kings, and Princes, acknow∣ledging no lawfull Superior, may make Knights; as also some Common-wealths, as the State of Venice and Genoa: The Popes also sometimes do make Knights, calling them af∣ter their own names, as, Chevaleri de San Pe∣dro, San Paulo, 〈◊〉〈◊〉, &c. And so much for Knights may serve in this place.

Of Barons.

THis word Baron is very variously inter∣preted, * 1.87 as first, that it comes from the word Baria in Greek, which signifies Autho∣ritas gravis. Bracton interprets it, Robur belli. Again, saith Sir Henry Spelman, the word Baro is the same in Latine with Vir, whose derivation is from Vi, Force; and from thence, Sunt & alii potentes sub rege qui dicuntur Barones, id * 1.88 est, robur belli.

And taking of it in that sense we now un∣derstand it, Sir Henry Spelman calls him, Cli∣ens * 1.89 feodalis; and Vassallus capitalis. Hujusmodi sunt (saith he) qui Pagos, Urbes, Castra, vel ex∣imiam ruris portionem, cum jurisdictione acce∣perunt à Rege.

[illustration]

The Creation Robe of a Baron

This word is a generall notion in England to all Lords of the Great Council of Parlia∣ment, as it is in Naples and Lumbardy, where all those Lords that are called Titulati, are in generall styled Barons; thus dignitas Baronalis stat ut genus. This word was used by the * 1.90 Danes in the stead of Thane, which was among the Saxons a Title of Honor, and being next the King, he was called the King's Thane.

And in the Laws of William the first, in∣stead * 1.91 of the Earl, King's Thane, and middle Thane, of the Saxons times; the title of Count or Earl, of Baron, and of Valvasor are used.

By which we understand it to have been, though not in the same name, yet notion, a Feodall honor of great antiquity; Sir Henry Spelman says, they were such as had not onely Castles, Towns, or great parts of Countries in their jurisdiction, but they had their Valva∣sores, (Minores, I conceive; for there were then Valvasores, Majores, & Minores; Milites, & libere tenentes.) Which should signifie an honor of command in the Common-wealth.

In France, Germany, and Italy, Baronem * 1.92 vocant, qui merum mistumque Imperium ha∣bet in aliquo Castro, ex concessione 〈◊〉〈◊〉.

And it hath been a common opinion, that every Earldom in times past had under it ten Barons, and every Barony ten Knights Fees holden of him: But those Knights Fees, say other Authors, were uncertain for number.

However, we find many Barons created in

the times after the comming in of the Normans that held both of Knights service, and of the Crown in chief; which were either Spiritual or Temporall; and it is certain, that all honorary Barons from the Conquest, till the latter time of King John, were onely Barons by tenure.

These Spirituall Barons were distinguished from the Temporall Thane, in the time of the Saxons, by holding their lands free from all se∣cular service; excepting trinoda necessitas, (as it was called) which was, assistance in War, in building of Bridges, and Castles. Which con∣tinued till the fourth year of William the first, who then made the Bishopricks and Abbies, * 1.93 subject to Knights service in chief, by crea∣tion of new tenures; and so first turned their possessions into Baronies, and thereby made them Barons of the Kingdom by tenure. That all Bishops, Abbots, Priors, and the like, that held in chief of the King, had their posses∣sions as Baronies, and were accordingly to do services, and to sit in judgment with the rest of the Barons in all cases, but cases of Blood, from which they are prohibited by the Canon-Law.

This Honor of Baronady is of three kinds; * 1.94 by Tenure, by Creation, and by Writ.

Barons by Tenure are the Barons Spirituall, as I said before, which are reputed Peers of the Realm, and were ever first in nomination, and take place on the Prince's right hand in Parlia∣ment, and have been capable of temporall

〈◊〉〈◊〉, and some of them are accounted Count Palatines in their Jurisdictions.

And by tenure Temporall, which are such as hold their Honor, Castle, or Mannor, as the head of their Barony, per Baroniam, which is Grand Serjanty. By which tenure, they ought * 1.95 to be summoned to Parliament. See Bracton, lib. 5. fol. 351. & 357. But he is no Lord of the Parliament, untill he be called by Writ to the Parliament.

These Barons by renure in the time of the Conqueror, and after, were very numerous; and 〈◊〉〈◊〉 his time, as I conceive, distinguished into Majores & Minores, and summoned accor∣dingly to Parliament: the Majores by imme∣diate Writ from the King, the others by ge∣nerall Writ from the high Sheriff at the King's command.

But these had also another distinction, which was; the first, were called onely Barons by te∣nure then, and the last Tenants in chief, which were after quite excluded the Parliament, as Mr. Cambden says, in the reign of Henry * 1.96 the third, by a Law made, that none of the Ba∣rons should assemble in Parliament, but such as were summoned by speciall Writ from the * 1.97 King.

And that King Edward the first summoned always those of antient Families, that were most wise; but omitted their sons after their death, if they were not answerable to their pa∣rents in understanding.

But Mr. 〈◊〉〈◊〉 opinion is, that not long after the Grand Charter of King John, the Law for excluding all Tenants in chief was made.

From whence came that other dignity of Ba∣rons by Writ, the King summoning whom he pleased, though he were but a private Gentle∣man or Knight, as many Seculars, Priors, Ab∣bots, and Deacons also; all which have been fince omitted, that held nothing of the King in chief, or Grand Tenure.

This title of Baron by Writ is by some esteemed onely temporary, pro termino Parlia∣menti; but that cannot be, for the ceremony of his admittance signifies more than a titular or temporary Honor, which is this; He is first brought by the Garter-King at Arms in his Soveraign Coat, to the Lord Chancellor, be∣tween two of the youngest Barons, who bear the Robe of a Baron; there he shews his Pre∣script, which the Chancellor reads, then con∣gratulates him as a Baron, and invests him with those Robes, and sends him to take his place. Then the Writ is delivered to the Clerk of the Parliament, and he by the Garter shewed to the Barons, and placed in the House; and from thence is this title allowed him as here∣ditary.

Since these two sorts of Barons in the time of Richard the second, hath another been esta∣blished, which is Barons by Patent, and indeed more usuall in our latter times than those by

Writ. He first created John de Beauchamp Steward of the houshold, Baron of Kidermin∣ster to him and his heirs males of his body.

And this comming afterwards to be the onely * 1.98 way of creation, they had commonly creation∣mony granted them, as Sir Ralph Botiller, who had one hundred marks granted him annuity out of the County of Lincoln.

Some of those Minores have yet remained to our memories, as the Barons of the Cinque Ports, Barons of the Exchequer, &c. and some others, which are called Barons, yet have not the honor; such are those that were created by Count Palatines, as the Baron of Kinderton, and some few others.

As concerning the descent of this Honor, and the extension of it, it many times descends to heirs female, as when there is no speciall entail on the heirs male; yet then no husband of that heir female shall enjoy the style and honor in right of his wife, unlesse he have issue by her, as it was decreed by Henry the eighth, in the case of Mr. Wimbry, for the style of the Lord Talboyes.

Neither shall any honor of Barony by Te∣nure be conveyed with the 〈◊〉〈◊〉 of any place from whence the title is derived, without licence immediate from the King; but all such as shall without, is absolutely forfeited and stopt, and returns again into that great Fount ain * 1.99 of Honor the Crown.

Now though this dignity be not allowed

the Princely distinction of a Coronet, yet is he as a Lord of the Parliament reckoned among the Peers of the Realm, and priviledged a∣mongst them in all these things, as first, in all * 1.100 trialls of criminall causes, he is not tried by a Jury, but a Bench of Peers.

If for Treason he be indicted, and shall stand mute, he shall be convicted, but not prest; but if it be for Felony, his standing silent shall not * 1.101 convict him.

Upon any tryall of Peers, the Lords that are to give Verdict, are not, like a Jury, put upon their Oaths, but upon their Honor.

A Peer of the Realm is not to be Empan∣nelled * 1.102 in any Jury, but what concerns the King's Enquiry.

Neither are they to be arrested by any War∣rant * 1.103 of Justice of Peace, either for the peace or good behaviour.

Neither is he to be put upon his Oath, upon any appearance he shall make in Court; but his Honor to be esteemed as binding.

And whereas all Burgesses of the Commons * 1.104 House are sworn to Supremacy, the Barons of the Upper-House of Parliament are not; with * 1.105 many other priviledges.

But it is to be noted, that by these are onely meant, to Lords of the Parliament, not to the sons of Dukes, Marquesses, or Earls, during the life of their fathers. Nor to any Baron of another Kingdom in this, though under

the same allegiance, who are not triable out of their own Kingdome, unlesse they enjoy some honor in this.

The form of creating a Baron is in this man∣ner. The King sitting in state in the Presence-Chamber; First, the Hetalds by two and two, and their Garter Principall King alone pro∣ceed, bearing in his hand the Patent of crea∣tion; next to him a Baron bearing the Robes; and then the Person to be created followeth betwixt two other Barons. Being entred the Chamber of Presence, they make their obey∣sance to the King three times. Garter then delivereth the Patent to the Lord Chamberlain of the houshold, and he to the King, and the King to one of his Principall Secretaries of State, who readeth it, and at the word Investi∣mus, the King putteth on him the Baron's robe; so soon as the Patent is read, it is to be delivered to the King, who gives it him that is created. Then he returning thanks for his great honor, withdraws in the same manner he came in, the Trumpers sounding, and so he goes to dinner. Where, after the second service is gone up, the Garter with the rest of the He∣ralds cometh neer the Table, where first pro∣nouncing Largesse, with a loud voyce he de∣clareth the King's style in Latin, French, and English; and then standing somewhat further off, pronounceth Largesse again, with the style of him that is newly created.

In which form was William Cecill created * 1.106 Lord Burghley, 15. of Febr. 13. Elizab.

Of the Viscount.

THis word in Latin is Vice-comes, which is interpreted from the office of the person who was one, cui Dominus (hoc est, Comes) com∣mittit vices suas, sive gubernationem castri, saith Sir John Ferne.

The Title is derived from the same Order in France: which there were only first substitutes to Earls, till, getting themselves first in power, got also to have the title honorary and here∣ditary, between the Earl and Baron, it being the same word which signifieth our Sheriffe, and began not with us, till about the 18. year * 1.107 of Henry the sixth, who then created John Lord Beaumont Viscount Beaumont, by Letters pa∣tent.

Though Sir John Fern tells us of it in the time of Henry the first, and King Stephen; and though the Elder sons of Dukes are styled Earls during their fathers life time, (so the Eldest sons of Marquesses are styled by their Fathers Vicounties and Baronies, and called Lords, and the younger sons saluted with Lord) yet it is by 〈◊〉〈◊〉 only.

To this degree, is allowed a Surcoat, Man∣tle, * 1.108 Hood, and a Circulet, without either flowers,

or points, as in the discourse of Armory shall * 1.109 be seen, and is created with the same ceremo∣ny, those above him are.

Of the Count or Earl.

THe next precedency is an Earl, called in Latin, Comes: and thence is an English word Count, which word Comes we have from the example of the Romans; amongst whom * 1.110 they used it for the title of sundry offices.

Coke defines them thus, Dicuntur Comites, * 1.111 quia à Comitatu, five à societate nomen sumpse∣runt; qui etiam dici possunt Consules a Consu∣lendo, &c. But John of Salisbury, who writ in the time of Henry the second, says thus, Comites dici à 〈◊〉〈◊〉 participatione.

And the word Earl we had from the Saxons, from whence, till we borrowed the word Ho∣nor, we used the word Earl for gentle or noble, and Ethel, which was sometimes abridged to el, so that of Ear-ethel, it was Ear-el, and by abbre∣viation Earl, which the Dutch called Eorle. * 1.112 Amongst the Germans, they have the word Grave for it, as Palsgrave, Landgrave, Rein∣grave, &c. from the word Gerefa, by abbre∣viation Gereve, and Grave, as also Reve, from whence our Shierreve, or Shirriffe, as some do * 1.113 abbreviate it. Which word in the Teutonick, signifies a Disposer or Director.

Others have, That the word with the Sax∣ons, was Erlig, and Ethling, and used for the

same office of Ealderman was before; and the * 1.114 word Ealderman, which now is writ Alder∣man, was transferred to a lower degree; who used the word also Thegon or Thaine for Baron, as I said before. But the word Ealderman, and Ethling, it seems, did only signifie them ac∣cording to Civill power, and the word Here∣toga, from whence Hertshog, for their Military power; the former word being no more then * 1.115 Senior, or Senator.

This title of Ealdermen continued, for Duces, Principes, & Comites, untill Canutus reign, when * 1.116 the word Earl was brought in, and the other lost, as to that Honor.

What the Jurisdiction of the Ealderman in those times was, and how absolute, or large, is to me yet uncertain: though large it was, doubtlesse, because of the severall Offices that were under them; but as it hath remained since the Conquest, we find more reasonable satisfa∣ction. Their possessions were sometimes the whole Territories they derived their Title from, and sometimes not; but some particu∣lar 〈◊〉〈◊〉, or place in it. We find also, that both it, and Thane were honorary, and feudall Titles.

Upon the coming in of the Normans, this word was turned into Comes, or Count, since when it hath remained. And this word in the Empire, was given to Quotquot è Comitatu Prin∣cipis * 1.117 erant, to all that were admitted to society of the Prince. So the 〈◊〉〈◊〉 styled them

in Warre, Commilitones, in the Court Comites.

The dignity is of divers kinds, for an Earl * 1.118 acknowledging no Superior, is equall to a Prince.

This Title, as it continues since the Conquest, is either locall, or personall. Locall, as from the denomination of some County, or other Territory; and Personall, that hath its being in some great Office, as Earl-Marshal, and the like.

Those locall are also simplices, and Palatine: * 1.119 which last retain the same constitution, the Saxons time allowed them; which is Juraere∣galia, or merum, & mixtum Imperium, and could make Barons under them, as those of Chester, Lancaster, the Bishopricks of Durham and Ely.

Hugh Lupus, had the County Palatine of * 1.120 Chester, given him by the Conquerour, Ita libe∣rè ad Gladium, 〈◊〉〈◊〉 ipse Rex tenebat Angliam ad Coronam. Who governed the County forty years, he created eight Barons, and built the Abbey of Chester.

Lancaster was made a Palatinate, by Edward the third, as says Sir William Segar, and had * 1.121 Barons, Chancery, and Seal; and so had the Bishopricks of Durham and Ely. The office of those Barons, being to sit in Councell, and Judgment, with the Earl.

To the County Palatine of Chester, 〈◊〉〈◊〉 been Chamberlains, who supplied the place of Chancellor, Justices, before whom the

causes that should else belong to the King's Bench, and Common Pleas, are triable; a Baron * 1.122 of the Exchequer, a Sheriffe, and other offices proportionably to those of the Crown at Westminster, which being since reserved in the Crown, is given to the Prince of Wales, when he is created. This County had this honor, I conceive, out of regard to the great trust, was reposed in the first Earl, which was to sub∣due, and keep in order the British, or Welch af∣ter the Conquest.

Of those that are not Palatine, we find their Creation also as ancient as the Conquest, Willi∣am theConqueror, made Alan Fergent thenDuke * 1.123 of Brittaign, Earl of Richmond, by a Patent.

Queen Maud, created Geoffry of Mandevile, Earl of Essex; Aubrey de Vere (Earl of Oxford) she made Earl of Cambridge, on condition, that if he could not enjoy it, to chuse Oxford, Bark∣shire, Wiltshire, or Dorsetshire; and others of King Stephen, who is said to have wasted the Crown, by the many of them that he created. The manner of their ancient Patents, may be seen in Mr. Selden at large in his Titles of ho∣nor: the Modern Patents may be also seen there, and in Sir William Segar's Honors Mili∣tary and Civill. Where we find, that many times in their Patents, they had Rents annuall granted them, and sometimes lands for the supportation of the Title. To this Degree, be∣longeth a Surcoat, Mantle, Hood, and Coro∣net of gold with points, not flowers, (called

[illustration]

The Creation Robe of a Marquesse

circulus aureus) a Sword and Cap of Honor. Which hath continued ever since Edward the sixt, being only before but per cincturam gladii. Which law was first also used by King John, to William de Ferrers Earl of Derby. That per∣sonall, in England, is only Earl-Marshall of England. The first of these, that we find is Thomas of Mowbray, Earl of Notingham, made Earl Marshall, or Marescallus Angliae for life, and after to him and his Heirs Males of his body, by Richard the second. But since the 14. of Q. Elizabeth, the office hath been only for life again, to whom belongs as an Ensign of his authority, a Rod, or Staffe of Gold, ena∣melled at each end with black.

Of the Marquesse.

THis word Marquesse at the first was used to all Earls and Barons, that were Lords Marchers, or Lords of Frontires; and came afterward into a Title of speciall dignity, be∣tween that of Duke and Earl: beginning in the time of Richard the second, who created Robert de Vere (Earl of Oxford) Marquesse of Dublin, Per gladii cincturam, & circuli aurei suo capiti positionem; The form of the Patent was then, and many ages since very various, but it is now regulated to one method; which is the same in a manner with that of Earl,

only the word Marchio is put in the place of Comes: the ceremony of Creation much at one, and the title hereditary; the annuity * 1.124 money in their Patent is forty marks.

And here, by the way, I cannot but observe one note of Mr. Seldens; that John Beaufort Earl of Somerset, modestly refused to be made Marquesse of Dorset, by Henry the fourth, be∣cause the title was then so strange, and new in the Kingdome.

The Marquesse is honored with a Coronet of gold flurred, the points and flowers of e∣quall height; whereas of the Earls, the pearled points are much longer then the flowers. His Mantle also doubled Ermine, as is the Earls also; but the Earls is but of four, and the Mar∣quesses is of five: the doubling of the Vis∣count, is to be understood, to be but of Mini∣ver, or plain white Fur, so is the Barons; the Barons of two, the Vice-counts of three doub∣lings. * 1.125

Of the Duke.

THis word, says Sir Henry Spelman, was no∣men officiale, a title of office, afterwards Honorary, and since feudall and Hereditary. He is said to be called Duke, à ducendo, from * 1.126 his leading an Army Imperiall; whom the Saxons called Hertshog; but they are since on∣ly Dignities, given by Kings and Princes to

[illustration]

The Creation Robe of a Duke

men of great blood, or excellent merit: This title hath been of ancienter standing in the Em∣pire, and other Countries: but the first, that we find in England, is of the black Prince, created Duke of Cornwal, by Edward the third, * 1.127 his father. By which creation, according to the Tenure of his Patent, the first-born sons of the Kings of England, are Dukes of Cornwall; neither is there any creation required for this honor, though there is for Prince of 〈◊〉〈◊〉.

Where, by the way, one note is proper to be understood, that as he was here created with∣out any Ceremony, except the girding with a Sword, so in all other degrees of honor, where a lesser degree is conferred on a person of a greater, there needs nothing but meer Patent, without any ceremony of creation.

But John, son to Edward the third, being created Duke of Lancaster, had a Cap of furre added to the ceremony, and succeeding times have had the Sword, Crownet, and Verge of Gold, a Surcoat, Mantle and Hood, and a Ducal cap doubled Ermin, but not indented, and is honored with the style of, Gratious and Excellent.

These if they be of Royall line, are reputed * 1.128 as Arch-dukes. It is also allowed, that a Duke tantum, shall take place before any Lord, that is both Marquesse and Earl; but a Duke, that is Marquesse, or Earl besides, shall precede him.

The Duke, Marquesse, and Earl at their

creation have a sword put over their shoulders, which the Vice-count and Baron have not.

Of the Arch-Duke.

THis title is of neer relation to the other, * 1.129 but not found in any place, save in the house of Austria, the addition of which word Arch, is from the Greek word Archos, which is as much as Princeps in Latin. So he taketh place of all other Dukes; and he is allowed a Surcoat, a Mantle, and a Hood of Crimson Velvet, at his Creation: He hath also a Cha∣peau, or Ducal Cap doubled Ermin indented; with a Coronet about the same, and an arch of Gold, with an Orbe, and Verge of Gold.

Of these titles, the Duke, Marquesse, and * 1.130 Earl are esteemed Princely; especially the two last: These also are allowed to bear their Crests with Helmets, the Beaver directly forward, whereas a Gentleman, Knight, and Baron, bare them with half the Beaver seen.

[illustration]

The Creation Robe of the Prince of Wales

The Prince.

THe next, and first, immediately subordi∣nate to the Crown, amongst these radi∣ant Stars is, The Prince, who in England one∣ly is the Prince of Wales, the first-born of the King.

These in the Saxons time were called Cli∣tons, and clitunculi, from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, Illu∣strious.

But, since it hath been a title of creation for honor to the rising sun, there were none crea∣ted in the Nation, but the King's eldest son; who are in all Nations honored above all other subjects, and amongst some, as in Spain, have been called King's during the life of their Fa∣thers, * 1.131 because of his so neer a relation to the Crown, that if the Father dye, he is ipso 〈◊〉〈◊〉 Rex, there being no interregnum, though he be not crowned.

In a Statute of the second, of Henry the fourth, it is provided, that the Prince may give his honorable Liveries of signes, to the Lords, or to his meniall Gentry; and that the said Lords, may wear the same, as they wear the Kings Livery; and that the Menials of the Prince, may wear the same as the King's meni∣als; but this hath been since abridged.

So likewise by a Statute of the 25. of Ed∣ward

the third, chap. 2. it is declared, that to compasse, or imagine the death of the Kings eldest son, and heir, is, Crimen laesae Majestatis, high Treason, as also to violate the wife of the King's eldest son.

And again, see Coke, 8. part. 28. The Prince shineth with the beams of his Father, and is holden to be one person with him.

Yet doth he acknowledge a reverence, not only as to a Father, but Soveraign, and to that * 1.132 purpose continues that Motto, which the Black Prince took up, (Ick dien) I serve.

He is called Princeps, quia principalis in stre∣nuitate post regem, saith Sir William Segar.

The first, that we read of in England, was Edward, eldest son of Henry the third, and af∣ter him, the eldest son of the King hath been ever by Patent, and Ceremonies of Instalment, created Prince of Wales, Earl of Chester, and Flint, being born Duke of Cornwall.

The Prince, or first born of the King in France, is called the Dauphin; in Spain, l' In∣fanta.

There are, in other Countries, Princes by Creation, as the Prince of Piemont, the Prince of Orange, and many others, but these are also now become hereditary, and in some Countries, all the Royall line are styled Princes.

When he is created, he is presented before the King in Princely Robes, who putteth a∣bout his neck a Sword bend-wise, a Cap and Coronet over his head, a Ring on his

middle finger, a Verge of gold in his hand, and his Letters Patents after they are read.

His Mantle is once more doubled then the Dukes, and his Coronet of Crosses, and Flow∣ers de Luce, and his Cap of State doubled in∣dented.

The King.

THe King is the next, and in our Nati∣ons the highest, being subordinate to no sublunary power, as those of Spain, Portugall, * 1.133 and other Kingdoms of Europe, and other parts of the world, are. He is the true Fountain from whence all these Rivulets and swelling Streams of Honor spring.

He is called Rex, (from whence the word Rego came) and King amongst us, from the Saxon word Koning, and Kuning. To say any thing of the Originall of the Government here, were in vain, for it is unknown; onely I may say, that none can produce any thing to assure any Government before it; and what I spake in the beginning concerning the first * 1.134 institution of it universally, is sufficient: Besides, these times have said enough to that purpose.

He hath ever bin of great reverence amongst * 1.135 these Kingdoms of Europe, the very Title car∣rying Divinity in it, being of Heavenly in∣stitution,

ordained by God himself; the Bond of Peace, and the Sword of Justice.

He is God's Vicegerent, and to be obeyed accordingly, both in Church and State: If good, he is a blessing; if bad, a judgment.

He is styled Pater Patriae, & Caput Reipub: and for that the protection of his Subjects lies in his breast, the Militia is annexed to his Crown, and the Sword as well as Scepter put into his hand.

He hath power of pardoning where the Law * 1.136 condemns, even Parliament-Attainder.

The things that belongs to Justice and Peace are annexed to the Crown, nor can they be se∣parated.

The Parliament, in the behalf of Henry the * 1.137 eighth, writ thus to the Pope: His Royall Ma∣jesty is the Head, and the very Soul of us all; his Royall Majestie's cause is the cause of us all, derived from the Head upon the Members; his griefs and injuries are ours, we all suffer equally with him.

Mr. Camden speaks thus of him, The King * 1.138 is the most excellent part of the Common∣wealth; next unto God, he is under no vassal∣lage; * 1.139 he takes his investiture from no man, he acknowledges no Superior but God.

In England, France, Spain, Denmark, and * 1.140 other Kingdoms, they are styled Kings, Dei gratia, by the grace of God.

Which hath been an antient custom in these Nations, in the same or the like words, as in

the style of King Ethelbald: Ethelbaldus divi∣na * 1.141 dispensatione Rex Merciorum (An. 716.)

Kenulphus, Dei misericordia, Rex Mercio∣rum.

Beoredus, largiente Dei gratia, Rex Mercio∣rum.

Ego Edwardus Dei gratia Rex Anglorum. * 1.142

Ego Wilielmus Dei beneficio Rex Anglorum.

And the Kings of England since, by a Bull * 1.143 from Rome, in the time of our obedience to the Pope, have been styled, Defenders of the Faith; and by Act of Parliament, of Henry the eighth, (to whom that Bull was sent) had the title of Supream Head of the Church of England annexed.

As the King of France is styled, Rex Fran∣corum Christianissimus; the King of Spain, Rex Catholicus, or Catholica Majestad, Catholick Majesty; and the Emperor, Defender of the Church.

It is the manner of Kings also to write in * 1.144 the plurall number, which is God's own style, as Mandamus, Volumus, Facimus, &c. And in∣deed, in the Scripture we often find them called gods, and in that sense may be styled Divi, or Dii, quia Dei vicarii, & Dei voce judicant. * 1.145 Mr. Selden speaks thus upon this subject: Man, as a civill creature, was directed to this form of subjection; As if the sole observation of * 1.146 Nature had necessarily led the affections of men to this kinde of state. Whence it is al∣so, that while others of the most curious

in Philosophy tells us of Angells, and the Su∣pream * 1.147 Heavens being immediately Governed by the Maker of all things; of the Planets and other Stars being ruled by the Sun; and the separated Souls, and the Aire, being sub∣ject to the Moon; they add together, that upon Earth, Kings are in like sort of Govern∣ment; as if naturall reason had first ordained them on earth, by an unavoidable imitation of the Creator's providence, used in that in∣stitution of Government in the Ayr, Starrs, and Heaven. Neither do the antientest Gen∣tiles speak of those elder times, than with clear supposition of Monarchy, even in the Infancy of the world. And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies, or Opti∣macies; yet the more antient States there, were in every place Monarchies, as is expresly no∣ted * 1.148 by Pausanias. They are honored in all salu∣tations, not onely with kissing the hand, but bowing the knee also, in acknowledgment of their superiority to all.

Some are of opinion, that this kind of Salu∣tation came first to Rome, from the old cu∣stomes of the Asiatick Kingdoms. For when the Persians meet, you may know whether they be equall or not, for in salutation they kisse each other; but if one be somewhat inferior, they kisse onely the cheek; but if one be more ignoble, he falls down adoring the other, and passing by one another he turns his back, as

unworthy to look him in the face, that is so much above him in honor.

The Ceremonies at his Coronation are ma∣ny, and in England more than any other Countries, As the annoynting with Oyl, the sacred Consecration (which is to no other Kings but France, Sicily, and Jerusalem); and his Crown fell on his head with many Religi∣ous Ceremonies, which Spain, Portugall, Ara∣gon, and Navar, &c. have not; besides the En∣signes of Regality, which are, a Ring to sig∣nifie his faithfulnesse, a Bracelet for good works, a Scepter for Justice, a Sword for ven∣geance, Purple 〈◊〉〈◊〉 to attract reverence, and a Diadem triumphant to blazon his glory.

The Ceremony of Anointing, every one al∣most understands to have been an. Institution as old as the Law of God almost; for though we find no speciall command in the Law de∣livered for it, yet we find examples of it in a continued succession from God's own people, and that with the holy Oyl, with which none, by the command in the Law, were to be a∣noynted, but the Priest; which Oyl never wa∣sted.

And that this hath been no Innovation * 1.149 among us, is proved by Mr. Selden, who makes it appear to be of above a thousand years stand∣ing, before it was either in the Empire or France.

Though they have had it in France a long

time, and they say by divine Institution. 〈◊〉〈◊〉 upon us for their authority, the Mi∣racle of a Dove, that brought a Vial of holy Oyl from Heaven, to anoynt King Clovis the * 1.150 first, about five hundred years since Christ; which Oyle, they say, hath never wasted.

It was the saying of Thomas Becket, Archbi∣shop of Canterbury, Inunguntur Reges in Ca∣pite, etiam Pectore, & Brachiis; quod 〈◊〉〈◊〉 ficat gloriam, sanctitatem, & fortitudinem. Kings are annointed on the Head, to signifie their glory; on the Breast, to 〈◊◊〉〈◊◊〉 their sanctity; on their Arms, to 〈◊〉〈◊〉 their power.

He is Crowned with an Imperiall Crown, the Crown set on his head by the Archbishop of Canterbury, a Prerogative to that See, as it is in Spain to Toledo, in France to Rheims, and in Swethen to Upsalia.

But this Imperiall Crown hath not been long in use among us, though our Kings have have had Imperiall Commands, as over Scot∣land, Ireland, Man, and other 〈◊〉〈◊〉: yet of Ireland they were but Lords, untill the 33 year of Henry the eighth, he being notwithstanding as absolute a Monarch over it when he was but * 1.151 Lord of Ireland, as when he was styled King.

The Crowns formerly were but the same in a manner with that of an Earl now.

Neither is it to be found, that any such thing as a Diadem was in use at all, till the time of Constantine 〈◊〉〈◊〉 Great, the distinction before being some kind of Chaplet, or, which

is most certain, a white silk Fillet about the brows, which was an ordinary way to distin∣guish them, as I have my self seen Statues of the Emperor, with such a kind of Fillet about the head.

From whence is that which we read, that Alexander the Great took off his white Dia∣dem, to cure the madness of Seleucus.

The first that was Crowned with this kind of Imperiall Crown, floryed and arched, was Henry the third, say some; but others, Henry the first: and indeed it is left disputable to me, so by me to others.

However, it is very probable and plain, that the antientest Ensign of Regall Authority was the Scepter; which is every where spoken of, both in the Scriptures and profane Sto∣ries.

There is another Ensign of their Authority, which is a Globe with a Cross, in use amongst us ever since Edward the Confessor, which is placed in the left hand, as is seen in most of their Coyns; the Cross denoting his Faith, and the Globe his Empire both by Sea and * 1.152 Land, as it is said of Justinian, who was the first Emperor that ever had it.

At the Coronation of the Emperor, it is car∣ried by the Count Palatine of the Rhine, where they call it Pomum Imperiale.

This power, dignity, and state, hath been enjoyed by the Female sex, as heirs descending by the common right of Inheritance, and not

onely in our parts, but many others, as at this day in Swethen, when there is not the least punctilio of a diminution in respect of the Sex. Besides, for an addition to the honor of a King, there is the same state allowed to a Queen, during the life of her husband, as to a Queen absolute almost, and is allowed a Crown. She is called Queen from the Saxon word Cuningine, as King from Cuning, onely by variation of the gender, as it was their man∣ner in such cases.

She is permitted to sit in State at the King's * 1.153 right hand, and to keep a Court distinct from the King, although she be but the daughter of an Earl. But this was in the time of King Edgbert prohibited, and so for a long time continued, by reason of Eadburgh, who poy∣soned her husband King Brithick of the West-Saxons. And if she be the daughter of a King Superior to her husband, she may retain the * 1.154 dignity of her father's daughter, and in this case the daughter hath preceded the mo∣ther.

And although in these latter times, our Mo∣narchy hath been reduced under the circumfe∣rence of one Crown Imperiall, no others ha∣ving any other substitute Governors crowned: Yet formerly, both Scotland and Ireland had King's distinct, whilst they acknowledged ho∣mage to the Crown of England; as also the isles of Man and Wight.

The Kings of Man were first subject to the

Kings of Norway, then to the Crown of Eng∣land, and after to the Kings of Scotland, and since again to the Kings of England. Dominus * 1.155 hujus Insulae Rex vocatur, cui fas est Corona aurea coronari. The Lord of the Isle is called King, and it is lawfull for him to be crowned with a Crown of gold.

Henry the second allowed with the same ho∣nor * 1.156 Roderig of Conaght to be King, paying a homagery Tribute.

The Lord Beauchamp Earl of Warwick, un∣der Henry the sixth, was in the like manner crowned King of the Isle of Wight.

Which is enough in this place as to the Dig∣nity of a King.

Of the Emperor.

THe originall of this Title, as it was long amongst the Romans, denoted onely a Ge∣nerall of an Army; and not till the time of Julius Caesar translated to an honorary Title, who being made perpetuall Dictator, took also that of Imperator into his Title; which hath continued in his Successors untill this day, and became Superior to the Title of King, that before was but substitute under it; (be∣ing * 1.157 yearly created in January, and ended in September.) Which great change hapned upon the Victory of Caesar against Pompey, at the Battle of Pharsalia.

This Title was onely taken up to supply that of King, which had not long before been * 1.158 thrown out by Brutus, and was supposed by the Usurper to be yet fresh in their memories, and odious amongst them; and it was long after, before they used the Title of King, though their power were as much, and the Ceremonies and Ensignes of Regality the same; and the Emperor's Throne at Rome was * 1.159 called Sedile regni. But at last it grew to be as one, and then the Emperor of Rome ha∣ving subjected under his Jurisdiction many Kingdoms, thought it however a title of more eminence, and so retained it. And though the title has not been so generally appropri∣ated * 1.160 to our Crown, yet our Kings have been styled Emperors, and this Realm of England called an Empire. So have the Kings of Spain and France.

But it is more peculiarly allowed or assumed by the Emperors of Germany, who suppose, that they have a right to the government of the whole world.

This Empire, after it was divided to Constan∣tinople and Rome; and then again, that Constan∣tinople had lost it to the Turks; it was removed to Germany, and in the reign of Otho the third, the Election granted to seven Princes of Germa∣ny, the Archbishops of Mentz, Trevers, & Cul∣len; the Count Palatine of Rhine, the Duke of * 1.161 Saxony, the Marquesse Brandenburgh, and the King of Bohemia, then called Duke of Bohemia.

He hath had also the Superiority allowed him by all Secular Princes; and whereas other Princes of Regall Authority are crowned with but one Crown, he is with three; the first of Iron, which he receives of the Bishop of Cullen at Aquisgrane; the second of Silver, which he receives at Modena from the Bishop of Mil∣lan; the third is of Gold, wherewith he is crowned at Rome by the Pope.

And in latter Ages, the title of King of the Romans is given to the Heir, or him that is made, or chosen Heir of the Empire; and he is crowned, and Jura Regalia given him, though not so absolute, as not to have a depen∣dence on the Empire. See Mr. Selden, part 2. chap, 1.

The Ensignes of his Imperiall Dignity are a Crosse, a Launce, and a Sword; a Scepter, a Mond, and a Crown; and he is styled 〈◊〉〈◊〉.

The Emperor of Russia is not Crowned, but is adorned with a rich Cap of Purple; nei∣ther is the Greek Sultan, but vested with a mighty rich Tulipant. But there, though * 1.162 the Emperor have no Diadem, yet the Sul∣tanesse is adorned with a Rich Crown or Diadem.

Thus have I run through all the degrees of Honor, and with as much brevity as so copious a Theam would allow of; and for matter of precedency, I think the method I have taken will save me the labour, and I am

unwilling to trouble the brains of the Ingenu∣ous Reader with an unnecessary prolixity; one∣ly as to Offices of State, because I have omit∣ted them altogether, I shall set down their places as in Princely Solemnities they are to be disposed. In which, those of the Crown are to precede all other of the Nobility that are not, except the Blood Royall.

As the

• Lord Chancellor.
• Lord Treasurer.
• Lord President of the Privy Councel.
• Lord Privy Seal.

These six also are placed next the Lord Pri∣vy Seal thus, according to their state of dignity; that is, If he be a Baron, to sit above all Ba∣rons; if an Earl, above all Earls.

• Lord Great Chamberlain of England.
• Lord High Constable of Eng∣land.
• Lord Marshall of England.
• Lord Admirall of England.
• Lord Great Master, or Steward of the King's House.
• Lord Chamberlain of the King's House.

So the King's principall Secretary being a

Baron of the Parliament, hath place above all Barons; and if he be of a higher degree, accor∣ding to the former rule.

The Spirituall Nobility are thus placed.

• The Archbishop of Canterbury.
• The Archbishop of York.

• Bishop of London.
• Bishop of Durham.
• Bishop of Winchester.

The two first are placed according to anci∣ent dignity, and the three last by act of Par∣liament, and the rest of the Bishops to take their places according to the seniority of Con∣secration. Segar. lib. 4. cap. 24. By an Act of Parliament, An. 31. Hen. 8. See the Act in Mr. Selden's Titles of Honor.

So all men serving near unto the Prince's Person, either Civil or Military, are allowed a precedency in pari dignitate, and themselves according to his seniority of place. As to their precedency otherwise, Dukes, Marquesses, Earls, Viscounts, and Barons, are to take their places according to the antiquity of their Title, and their Ancestor's creation; and their Wives accordingly.

A Duke's eldest son takes place as a Mar∣quesle, but beneath him; and his Wife be∣neath a Marchionesse: and if she be the daugh∣ter and heir of a Duke, she shall go before all

Duke's eldest sons wives; and however are equall to a Marchionesse, but to go beneath them; and the younger sons of Dukes are in equall degree with an Earl, but to go beneath him; and Marquesles eldest sons, and their La∣dies, to take place accordingly.

So the eldest son of a Marquesse as an Earl, and the younger as Viscounts; and their La∣dies and sisters to take place accordingly, as before.

An Earl's eldest son takes place as a young∣est Viscount, and the younger as Barons, their wives and sisters accordingly: Viscounts eldest sons as Barons, and their youngest sons to take place with Barons eldest sons, above * 1.163 Knights Baronets, (by an Act of King James) and above all Bannerets, but those made by the King himself under the Stander; and all Knights Batchelers.

Of Women.

NOw lest I should be thought malitious to a Sex I owe much honor to, before I conclude, I shall take some short observations more then already I have. And first, that al∣though they are not allowed to sit in Parlia∣ment, yet do they enjoy almost all priviledges * 1.164 due to the other Sex.

The honorable Feminine Dignities are,

Princesse, Dutchesse, Marchionesse, Countesse, Vicountesse, and Baronesse. Which are either by Creation, by Descent, or by Marriage.

This honor by Creation, as it is rare amongst us, so it is more rarely taken notice of, though * 1.165 many examples have been; as Richard the se∣cond created Margaret Countesse of Norfolk, into the title of Dutchess of Norfolk, See the Charter in Mr. Selden. Anne Bullen was created Marchionesse of Pembrook by Hen. 8. limited to her, and the heirs males of her body to be * 1.166 begotten, with creation-mony of twenty five pounds per annum, and the ceremony of Man∣tle and Coronet.

The Lady Finch was by King James created Vicountesse of Maidston, to her and her heirs of her body; with speciall clause, that her heirs male should have a voice in Parliament; and afterward she was likewise made Countesse of Winchester, &c.

Of these Titles thus conferred, Sir John * 1.167 Fern takes no notice, though else he discourses largely enough.

By Descent, we have continuall examples: When any daughter of an Earl or Vicount shall continue a Virgin, or marry an Esquire, she shall retain that honor that springs from her father's blood, take place according; and be sa∣luted by the Title of Lady.

Which word Lady came from Hleaf∣dian, or Leafdian, by contraction in the Teuto∣nick, and so Lafdy, and thence Lady, as from

Laford, Lord. The word Laf signifying bread, * 1.168 and Dian serve. It seems, from that they cal∣led those persons, that for their quality could entertain others, and distribute corn and bread to their neighbours, by that Title.

And of old, though in the Empire, and here, the word Dominus was used in generall for salutation amongst men of all sorts, yet Domina onely to persons of honor amongst * 1.169 women; as the widows of all Tenants in chief, and daughters and heirs of all Knights, &c.

The heirs females of any Count or Baron, * 1.170 shall enjoy both the Estate divided, and Titles too, if they be to be divided; and they shall be enjoyed by their husbands, if they marry, in the right of their wives.

So that if there be two, or three, or more si∣sters, to share the estate, and the honors and dignities inherent be enough, they shall enjoy every one, one; as in the case of the Earldom of Pembrooke in the time of Edward the third, and now the Lord Darcy of the North, by the same right enjoys the title of the Lord Conyers.

But this holds not; when the title is held by Jus gladii, or Knight's service; or if the Ho∣nor be in any Castle or place onely, it cannot be divided, but falls and dissolves in the Crown, or left to the disposing of the King. And again, if the estate of honor and dignity be not descending to the heirs generall, but en∣tail'd to the heirs male, it cannot be the inheri∣tance of a daughter, as many times it is.

But we may understand this the better by that more eminent demonstration of high Of∣fices of the Kingdom, which descending by inheritance on the heirs generall, have been challenged by the husbands of heirs female, in right of their wives, the Descent-male failing; as in the case of the Duke of Buckingham, in the time of Henry the eighth, challenging the * 1.171 Office of High-Constableship of England.

The Office of Lord Steward descended to Blaunch, daughter of Hen. Earl of Lancaster, in whose right Joh. of Gaunt her husband enjoy'd it.

So the Office of Earl Marshall descended to the house of Norfolk, by an heir female; after∣ward being forfeited by treason, was conferred to the Lords Howards of Arundell.

And in this and all such Descents, where there are not dignities enough to allow a par∣tition to all the Sisters, but the Honor shall be undividable; it shall descend to the eldest, or be disposed by the King to which he please.

And for ennobling by birth, these rules are observed: That if a Gentleman, Knight, or Baron, do marry a wife of ignoble parents, she shall enjoy the title, name, and dignity of her husband: For, saith Sir John Fern, let the wife * 1.172 be shining and glorious with the dignities of her husband: Whereas, on the contrary, if a Gentlewoman of blood and Coat-Armor shall marry a Francklin, Yeoman, or the like, that * 1.173 is ignoble, having no Coat-Armor, his condi∣tion is no whit advanced by marriage in point

of honor; Although let him be inferior to her * 1.174 whom she shall marry, yet she shall retain the ho∣nor, state, and dignity she was born to.

But there is this Law for them to walk by too, that is, Si mulier nobilis nupserit ignobili, desinit esse nobilis; that is, If a Noble-woman marry with an ignoble, her nobility is extingui∣shed; for she is under the power of her husband, and ought not to be in a condition above him: For example whereof, a case is cited of one Ralph Hayward Esquire, and the Lady Anne * 1.175 Powes, widow of the Lord Powes.

But I am of opinion, that (being onely an acception in Court by the Adversary of the Party) this is not to be understood, but in case the person such a Noble:woman shall marry, be no Gentleman, and that she hath received the Honor she enjoyed before, from the right of a former husband, and not by descent of Ancestors; for the words of Judge * 1.176 Coke run thus: Si mulier nobilis nupserit igno∣bili, desinit esse nobilis; & eodem modo, quo quidem constituitur, dissolvitur: That is, If a Noble-woman shall marry an ignoble husband, she ceases to be Noble, and in the same man∣ner her honor was constituted it is dissolved.

So as by the Laws of the Nation, an Adulte∣resse forfeiteth her Dower, so also her honor of Nobility, if she commit adultery, either as a wife or widow; or else having received honor from her deceased husband, and shall so put him out of her mind, as to subject her self to

another, by which act she wipeth both the name and memory of the former from her, she hath the sentence of forfeiture against her. So Sir John Fern, in his Glory of Generosity, fol. 62. Yet the Law is thus curious in preserving the memory of Vertue in the honor of its reward, that if a woman of noble blood do marry a Churl or Clown, and have issue by him, she being an heir, that issue shall have liberty of bearing her Coat-Armor. But Sir John Fern says, onely for life, and that on a Lozenge Shield, (which is the feminine bearing) with the difference of a Cinque-foile.

One note more I think proper in this place, which is, If a French, Spanish, or German wo∣man be married to any Peer of this Realm, or other Gentleman, and be not denizoned; by * 1.177 the Laws of the Nation, she cannot claim the priviledges or titles of her husband, nor have Dower or Joynter from him.

And thus much I think sufficient in this place as to the honor of Women; and if I have said too little, I wish I could have said more; if too much, I beg their pardons, but refer my self to the Law.

In the next place, I should proceed to the display of Armory, by which the infinite number of persons are distinguisht, by an in∣numerable variety of different Ensignes, that do illustrate and appropriate their dignity and honor: But, by the way, I have stumbled on another Theam, which though it be not

so much concerned in honor, yet the Kingdom is much concerned in it, as a Power; and though I need not say much, yet I cannot passe by it and say nothing.

Of a Parliament.

SOme not altogether knowing of that true constitution of a Parliament, may be apt to think, that its Authority is onely Supream in this Nation. But let such understand, that from this Argument, if there were none other, it is disproved; That nothing can be made greater or more excellent than the thing that makes it, Propter quod unumquodque tale est, illud majus tale. And such creatures as shall aim at a Superiority to their Creator, are to be esteemed like those Angels, that (by the same spirit) attempting the same pride, preci∣pitated themselves from everlasting liberty to eternall chains.

This great Council did arise from the an∣tient custom of, not onely the Saxons, but all Nations in the world almost, who have had examples of their King's summoning the chief Peers and Nobles to consult in weighty af∣fairs. Which Councel among the Saxons was called 〈◊〉〈◊〉, which was a * 1.178 meeting of the chief Prelates and Peers, to deliberate about, and to consent to, what

laws the King should enact: and advising in matters of State, giving Judgement upon suits or Complaints in the same Court, as is under∣stood of the time of King Ine, (of West sexe) about 711. years after Christ.

And again, of King Ethelbert, his ordaining, * 1.179 Decreta Judiciorum juxta exempla Romano∣rum cum consilio sapientum. And when Edwin King of Northumberland, was perswaded to be a Christian, he consulted, cum Principibus & * 1.180 Consulariis suis. He called to Councell his Princes, or Ealdermen, and Counsellors.

And again, King Eldred, An. 948. In festo Nativitatis Beatae Mariae, all the Nobility of the Kingdome, were summoned by an Edict from the King, as well Arch-bishops, Bishops, and Abbots, as all of the rest of the Lords and Chief Counsellors, Thanes and Ealdormen, to come to London, to a 〈◊〉〈◊〉, or great Councel, to consult about affairs of the whole Kingdome: As Ingulphus his words are.

And again, in the time of Edward the Con∣fessor, * 1.181 the Parliament sate at London, Rex & omnes 〈◊〉〈◊〉 Magnates; In which Parliament, the King attaches Earl Godwin, for that he had kil'd his Brother Alfred, and upon his pleading, and submission, the King refers him to the Judgement of the Court: who a long while debating it, to no purpose: at last, Leofri∣cus Consul Cestriae, probus homo quoad Deum, & Seculum, (saith the Author) spake thus; Earl Godwin, is a gallant Person, and a man next

the King, of the best birth in the Land; and it cannot be denied, but by his Counsell or De∣sign, Alfred was slain; therefore my opinion is, that he with his son, and all we twelve Earls, that are his friends and kindred, do present our selves humbly before the King, loaden with as much Gold and Silver, as every man can carry betwixt his arms, to offer it up with supplication, for an expiation of the crime. Which being consented unto, and done; the King considering the reference he had made to the Court, ratified their act, and his pardon.

By which, we see their meetings was at the Kings summons; their power only deliberative in giving legall force, by consenting to what he should think fit to make a Law; and to advise de arduis Reipub: not that this force given by them, is to be understood otherwise, than that, because, it was enacted by their consent, it was the more binding over them: their consent otherwise, being no whit binding over the Soveraign's will, in the enaction; for it was his Volumus that made it; and let their Consultations rise to never so powerfull votes, and results; be the thing what it would, his Nolumus buried it in oblivion, which custom 〈◊〉〈◊〉 ever continued, as a true Prerogative of the Crown. Nay, avisera le Roy, which is but, The King will consider of it, was enough to throw a Bill out of the House. Nothing en∣acted by them, though by a generall consent

of both Houses of Lords & Commons, being of any force, and that not only before, but after the Commons were brought in; which I find to be about the time of Edw. 1. his third year of In∣auguration, * 1.182 an. Dom. 1273. Who in the 23. year of his reign, confirmed the Magna Charta, made by Henry the third, though Mr. Selden is of opi∣nion, The first summoning of the Commons, was in the 49. year of Henry the third.

The style of the Statutes, running after this manner, The King hath Ordained and Esta∣blished these Acts underwritten, &c. First, The King willeth, and commandeth that, &c. Sig∣nifying, the power of enacting to force, and penalty, was derived from the Volumus of the King, not the Vote of the Lords and Com∣mons; their consent only making it of more vigour against themselves.

If it were an Act of Indulgence, or relief to * 1.183 the Common-wealth, it run thus; Our Lord the King, of his speciall Grace, and for the af∣fection that he bears unto his Prelates, Earls, and Barons, and others of his Realm, hath gran∣ted that, &c. And sometimes, Our Soveraign * 1.184 Lord the King hath granted, and commanded at the Instance of the Nobles of this Realm, &c. No mention at all, being made of the consent of the Lords and Commons.

Then afterwards, thus they run, Our Lord the King, by the Counsel of his Prelats, Earls, & Ba∣rons, & other great men & Nobles of his King∣dom, in his Parliament hath Ordained & 〈◊〉〈◊〉,

&c. An. 33. Edward the first, 1307. and so along in other Statutes, the Commons not at all mentioned in the enacting any Statute; but as thus, in the beginning of Edward the third, At the request of the Commons of this Realm by their Petition made before him, and his Councel in the Parliament, by the assent of the Prelates, Earls, and Barons, &c. Untill the 23. of this Kings reign, in a Statute of Labourers, I find the Com∣mons not mentioned, and then the power of Or∣dination given to the Statute, still by the King, as thus, It is ordered by our Lord the King, by the assent of the Prelates, Farls, Barons, and o∣ther great men, and all the Commons of the Realm, summoned to this Parliament, &c.

And in one Act of the same King, the style runs thus, The King of his own will, without mo∣tion of the Great men or Commons, hath granted and Ordained in ease of his people, &c.

And then to signifie the Constitution of the * 1.185 Commons in Parliament, See the 37. of Ed∣ward the third, where the Statute runs thus; The King at his Parliament, &c. at the request of * 1.186 the Commons, and by the assent of the Prelates, Dukes, Earls, and Barons, and other Great men there assembled, hath Ordained, &c. and at the prayer of the Commons, &c. In which style, most of the Statutes run untill Henry the eight.

And for provision of the choyce of the Com∣mons, in a Statute of the 23. of Hen. 6. is set down the form of Writ, by which they are summoned, where it is also enacted, That the

Knights of the Shires for Parliament, hereafter to be chosen, shall be naturall Knights, or other∣wise * 1.187 such naturall Esquires, or Gentlemen of the same County, as shall be 〈◊〉〈◊〉 to be Knights.

And every Knight that is elected, ought to be a resident of the place, for which he is ele∣cted: and every man that is an Elector, ought to have forty shillings of free-hold, within the said County; and for the security of it, the Sheriffe hath power to put them to an Oath, * 1.188 upon the Evangelist, and the Election ought to be betwixt the hours of eight and nine in the Forenoon, and so of Burgesses.

The form of the Writ, is this; Rex Vic' &c. Salutem, Quia nostri 〈◊〉〈◊〉 pro qui∣busdam arduis & ur gentibus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae Anglicanae concernent' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim' futur' teneri Ordinavimus, & ibidem 〈◊〉〈◊〉 Magna∣tibus Proceribus domus regni nostri colloquium habere & tractare, Tibi praecipimus firmiter in∣jungentes, quod, facta Proclamatione in prox∣imo tuo post receptionem hujus literis nostris tenend' die & loco predicto duos milites gladiis cinctis magis idoneos, & discret' Com' praedict' &c. & electionem illam in distincte * 1.189 & apertè sigillo tuo, & sub sigillis eorum qui electioni illi 〈◊〉〈◊〉, 〈◊〉〈◊〉 bis in Cancellaria no∣stra & locum certisices 〈◊〉〈◊〉. And still, before they came up to the House,

they signed Indentures to be true and faithfull to their King and Country, and the service thereof, upon a penalty, even to the last long Parliament of eternall infamy.

And in the third, of Queen Elizabeth, it was enacted in full Parliament, for the safety of the Queen's Majesty, her Heirs, and Successors, and the dignity of the Imperiall Crown of England, for the avoiding both of such hurts, perills, dishonor, and inconveniencies, as have before time befallen; that not only all persons should take the Oath of Supremacy, upon di∣vers penalties in that Act specified; But also every Knight, Citizen, and Burgesse of the Parliament, should take the said Oath before he entred into the said House, or had any voyce there; else he should be deemed no Knight, Citizen, or Burgesse for that Parliament, nor have any voyce; but shall be to all intents, constructions, and purposes, as if he had never been Returned, nor Elected for that Parliament, and shall suffer all pains, and penalties, as if he had presumed to sit in the same without Electi∣on, Return, or Authority. And by King James, the Oath of Allegiance was added. Yet, not∣withstanding all this limitation upon the Com∣monalty, Parliaments in England were ever esteemed, since Magna Charta, the greatest liberty of the Subject, none else indeed being dreamt of.

And as it is as great a flower of the Crown to summon Parliaments, as foedera, & bellum

indicere, to make War and Leagues; which is so absolute, that it is resolved by all the Judges of * 1.190 the Land, that the King may, before he is Crowned, (if by descent the Crown be his right) summon a Parliament, or within age; as was seen in King Henry the sixth, who sum∣moned divers Parliaments in his 1, 2, 3, 4, 5, 6. years of his reign, yet was not Crowned till the eighth. He being then essentially King, * 1.191 without any Ceremony or Act, ex post facto; and Coronation, but a Royall Ornament.

So the priviledges of Parliament, and of the Common-wealth by Parliament, are as great: for though we thus see the great Prerogative of a King, yet many things there are, which a King in his own Kingdome cannot do without a Parliament by the Laws, by which he hath * 1.192 bound himself; as the making any man heredi∣table, or the altering the Common Law, or Customs of the Realm, though by his absolute * 1.193 authority, he may commit any man to Prison, during his pleasure.

Therefore, every Parliament-man, during the time of the Parliament, is priviledged from * 1.194 all disturbance of arrest for debt, or the like, and the servants of any Parliament man, as much as the Kings are.

And to this Parliament, for the further se∣curity of the good of the Common-wealth, were ever admitted certain Judges of the Land, (though they had no Vote, which sate on Woolsacks) that as the Clergy in Spiritual∣ties,

so the Judges of the Law, in things of the Law, were to advise and determine, when any difficulty did arise. That what Laws should be Enacted, might be answerable to the Will of God, and not repugnable to the Customs of the Land.

And in our latter times, all Acts of Parlia∣ment, though made by the King, have this style; By the consent of Lords and Commons; not∣withstanding the Civill Law, saith, Quod Prin∣cipi placuit, Legis habet vigorem, The will of the King, is the power of the Law.

The End of Honor.

Notes

• * 1.1

  Fern. Glo. Gen. p. 4.
• * 1.2

  Seg. Hon. mil. & civ. l. 4. c. 5.
• * 1.3

  Bartol. de Dig. l. 12.
• * 1.4

  Seld. 〈◊〉〈◊〉. of Hon. c. 〈◊〉〈◊〉 p. 4.
• * 1.5

  Drus. ob∣servat. lib. 3. cap. 19.
• * 1.6

  Psal. 49. 2.
• * 1.7

  Fern. l. gen. p. 9.
• * 1.8

  Pro. 17. 6.
• * 1.9

  Fern p. 13
• * 1.10

  Fern. Sel∣den p. 856
• * 1.11

  Aristot. l. 4. de pol.
• * 1.12

  Fern. p. 14
• * 1.13

  Segar. l 4. p. 226.
• * 1.14

  Bart. l. 1. cap. de dig. 12.
• * 1.15

  Seg. p. 〈◊〉〈◊〉
• * 1.16

  Ibid.
• * 1.17

  Fern p. 1.
• * 1.18

  Noble by Merit.
• * 1.19

  Nobility mixt, Sir J. Fern.
• * 1.20

  Segar l. 4 c. 15.
• * 1.21

  Seld. Tit. of Hon. c. 8 p. 853. p. 832.
• * 1.22

  Rot. Vasco. 24 Hen. 6. M. 7. N. 3.
• * 1.23

  Sel. p. 870.
• * 1.24

  C. Theod. l. 6. 〈◊〉〈◊〉. 21. l. 1.
• * 1.25

  Sir J. 〈◊〉〈◊〉
• * 1.26

  Form. l. 3. p. 382. Edit. Rom. 1621.
• * 1.27

  Seld. Tit. of Hon. c. 〈◊〉〈◊〉 f. 858.
• * 1.28

  Seld. Tit. of Hon. pag. 862. pag. 864.
• * 1.29

  Ibid. p. 865.
• * 1.30

  Sir John 〈◊〉〈◊〉, p. 37
• * 1.31

  Ibid. p. 36.
• * 1.32

  Aug. de Civ. Dei. lib. 4. cap. 4
• * 1.33

  Cypr. lib. de 12. Abu∣sionibus.
• * 1.34

  Sir John Fern.
• * 1.35

  Ibid.
• * 1.36

  Poetrie.
• * 1.37

  Ibid.
• * 1.38

  Painting.
• * 1.39

  Vid. Paul Lomazzo p. 14.
• * 1.40

  History.
• * 1.41

  Sir John 〈◊〉〈◊〉 Ferne.
• * 1.42

  Ibid.
• * 1.43

  Sir John Ferne. p. 61.
• * 1.44

  Ibid.
• * 1.45

  Bart. in l. 〈◊◊〉〈◊◊〉.
• * 1.46

  Ibid. li. de capitu.
• * 1.47

  Ferne p. 86. 〈◊〉〈◊〉. of 〈◊〉〈◊〉
• * 1.48

  Vid. For∣tescue de laud. Ang. cap. 49.
• * 1.49

  Sir John Feine, p. 95.
• * 1.50

  M. Seld. Tit. of Ho. p. 555.
• * 1.51

  Cam. fol. 176.
• † 1.52

  lib. 4. p. 507.
• * 1.53

  Ad 〈◊〉〈◊〉. Brit. Art. 88.
• * 1.54

  Verst. p. 322. Sir Tho. Smith de Rep. Aug.
• * 1.55

  p. 667. 〈◊〉〈◊〉
• * 1.56

  Sir John Ferne. p. 100.
• * 1.57

  Camb. de Ordin. p. 117. & de reliquiis p. 23. Spel. Glos. p. 51.
• * 1.58

  Segar p. 224. ibid.
• * 1.59

  Spelm. p. 10. c. 2. ibid.
• * 1.60

  Segar. Ferne.
• * 1.61

  Spel. p. 51. Segar. l. 4. p. 246.
• * 1.62

  Seld. Tit. Ho. p. 769. Camb. Brit. p. 170.
• * 1.63

  Segar. ch. 1 p. 51.
• * 1.64

  Will. of Malmsb. de gest. Reg. l. 〈◊〉〈◊〉. c. 6. Seld. 〈◊〉〈◊〉. of Hon. p. 773. p. 778;
• * 1.65

  Ibid. p. 779
• * 1.66

  Bract. 〈◊〉〈◊〉 36. Cook 5. Jacobi part. 6.
• * 1.67

  Selden. p. 772.
• * 1.68

  Mat. Patis
• * 1.69

  Sir 10. Fern Glo. of Genere.
• * 1.70

  Cam. Brit. p. 74.
• * 1.71

  pag. 175.
• * 1.72

  Vid. Stat. de An. 23. H. 6. c. 15.
• * 1.73

  Seg. lib. 2. lin. 2.
• * 1.74

  Vid. Mills fol. S 〈◊〉〈◊〉. 4 Ed 4. 20
• * 1.75

  See Stow in Anal. p. 693. & 694. edit. vet. in 4.
• * 1.76

  Dor. Cl. 〈◊〉〈◊〉 20 Hen 7. 20 Sep.
• * 1.77

  For K. of the Bath, see Far. f. 65. 5 Book.
• * 1.78

  Mr. Seld. fol. 790.
• * 1.79

  Camd. Brit. p. 171
• * 1.80

  Seg. f. 69.
• * 1.81

  Rot. pat. 10. Jacob par. 10. mem∣br. 8.
• * 1.82

  Seld. p. 〈◊〉〈◊〉
• * 1.83

  Pat. 9. Jac. part 48.
• * 1.84

  Sel. f. 827.
• * 1.85

  Pat. 10. Ja. par. 10. n. 18.
• * 1.86

  Segar. l. 2. c. 3. p. 53.
• * 1.87

  Albert. Ro∣su dicti.
• * 1.88

  Gloss. p. 79. Bract. lib. 1 cap. 8.
• * 1.89

  Gloss. p. 79.
• * 1.90

  Lamb. fol. 336.
• * 1.91

  Seld. f. 87.
• * 1.92

  Spel. Gloss. fol. 79.
• * 1.93

  Mr. Seld. Title of Hon. ch. 5. f. 699, 704
• * 1.94

  Seg. lib. 4. fol. 223.
• * 1.95

  Coke par. 2. pag. 5.
• * 1.96

  Camden. fol. 122.
• * 1.97

  Sel. f. 712.
• * 1.98

  See Mr. Sol. f. 748.
• * 1.99

  Cook 2. part. 80. b.
• * 1.100

  〈◊〉〈◊〉 pleas. del. Coron. lib. 3. ch. 1.
• * 1.101

  〈◊〉〈◊〉 Dir 205. & 300
• * 1.102

  Fitz. nat. br. 165.
• * 1.103

  Lamb. Just. l. 2. c. 1. fol. 17
• * 1.104

  Dier. 315.
• * 1.105

  5 Eliz. c. 1
• * 1.106

  Mills de Nob. pol. vel liv p. 58.
• * 1.107

  Pat. 18. H. 6. par. 2. m. 21.
• * 1.108

  Rat. pet. 4. 〈◊〉〈◊〉 par. 1.
• * 1.109

  Sir Wil. Se∣gar. f. 821.
• * 1.110

  Segar. fol. 220.
• * 1.111

  Instit. par. 2. fol. 5.
• * 1.112

  〈◊〉〈◊〉 fol. 315.
• * 1.113

  Ib. f 325.
• * 1.114

  Cam. rem. 6. 15.
• * 1.115

  Seld. fol. 605.
• * 1.116

  Ibid fol. 609.
• * 1.117

  Spelman, 〈◊〉〈◊〉 fol. 〈◊〉〈◊〉.
• * 1.118

  Ib. f. 109.
• * 1.119

  Selden. fol. 639.
• * 1.120

  See Sir Jo. 〈◊〉〈◊〉.
• * 1.121

  Hon. Mil. & liv. fol. 641.
• * 1.122

  Seld. title of Honor, ch. 5. f. 641.
• * 1.123

  Ib. fol. 646 & Camd. Brit f. 591.
• * 1.124

  Seldens ti∣tle of Ho∣nor, pag. 761.
• * 1.125

  Segar. fol. title of Honor, pars Lati∣na.
• * 1.126

  Segar. fol. 218.
• * 1.127

  Sir Henry Spel. 〈◊〉〈◊〉. 〈◊〉〈◊〉. 237.
• * 1.128

  〈◊〉〈◊〉. fol. 219.
• * 1.129

  Segar. fol. 214.
• * 1.130

  Sir John Fern. fol. 138.
• * 1.131

  Ludovic. de Molina de Hisp. pri∣mogen. lib. 3. c. 6.
• * 1.132

  Lamb. per. Kent, fol. 364.
• * 1.133

  〈◊〉〈◊〉 〈◊〉〈◊〉. 97.
• * 1.134

  Fetn Glo∣ry of Ge∣nerosity.
• * 1.135

  Segar. 〈◊〉〈◊〉. Mil. & Civil.
• * 1.136

  Coke 3. fol. 238.
• * 1.137

  Bracton: de acqui. rerum. Dom. l. 24. in 1. 7. 11.
• * 1.138

  Camd. Brit f. 105
• * 1.139

  See Bract. also, lib. 1. chap. 8.
• * 1.140

  Seld fol. 123.
• * 1.141

  Ingul. hist fol. 484. ib.
• * 1.142

  Ib. f. 510.
• * 1.143

  26 Hen. 〈◊〉〈◊〉 chap. 1.
• * 1.144

  Sold. Title of Honor. chap. 7.
• * 1.145

  Ibid. f. 44.
• * 1.146

  Ibid. fol. 4.
• * 1.147

  Her. Tris∣megist.
• * 1.148

  Paus. in Boeoticis. Seld. f. 11.
• * 1.149

  Seld. c. 8. fol. 149.
• * 1.150

  Chopni de Dominio. lib 3. tit. 8.
• * 1.151

  Coke 7. par. Seld. fol. par. 1. c. 8.
• * 1.152

  Ibid. cap 8.
• * 1.153

  Seg. Hon. Mil. & Civ. lib. 4. cap. 6.
• * 1.154

  Jac. Rebust. de dig. lib. 12.
• * 1.155

  Th. Wal∣singham 17 Rich. 2
• * 1.156

  Seld. c. 3. par. 1.
• * 1.157

  Seg. fol. 214.
• * 1.158

  See 〈◊〉〈◊〉. de divin. lib. 2.
• * 1.159

  〈◊〉〈◊〉. ad Spartian.
• * 1.160

  Stat. Hyb. 24 H. 8. cap. 12. & 25.
• * 1.161

  Segar l. 4. cap. 4.
• * 1.162

  Leuncla∣vius sup∣plement, annal. Turc. Ann. Chr. 1566.
• * 1.163

  Seld. fol. 906.
• * 1.164

  Coke 8. part. 53.
• * 1.165

  Cart. 21. Rich. 2. mem. 12. num. 18.
• * 1.166

  Pat. 24. Hen. 8. par. 1.
• * 1.167

  Pat. 21. Jac. part. 8 num. 4.
• * 1.168

  Versteg. fol. 413.
• * 1.169

  Bract. l. 3. de Coron. 116.
• * 1.170

  Ib. de acq. rer. Dom. lib. 2. c. 34.
• * 1.171

  Dier's Re∣ports. 283. b.
• * 1.172

  Glory of Generosi∣ty. fol. 62.
• * 1.173

  Ibid.
• * 1.174

  Coke 4. part. 118. b. 6. part. 53. b. ibid.
• * 1.175

  Dyer. 79.
• * 1.176

  Coke par. 1. fol. 16.
• * 1.177

  32 of Ed. 3. 35. in the case of Gilb. Humfrevill
• * 1.178

  Seld. Tit. of Honor, fol. 632.
• * 1.179

  Bed. Hist. Eccl. lib. 2. cap. 5.
• * 1.180

  Ibid. lib. 2. cap. 15.
• * 1.181

  〈◊〉〈◊〉. p. 77.
• * 1.182

  See the Statute of the year, 1273. Seld. p. 117
• * 1.183

  Anno 18. 1. Edw. 1290.
• * 1.184

  Stat. de 〈◊〉〈◊〉: An. Reg. Ed. 20.
• * 1.185

  An. 36. Ed. 1.
• * 1.186

  An. 37 Ed. 1. & an 7. Rich. 2. Hen. 3. Ed. 4. Rich. 3.
• * 1.187

  Vide Plow. den f. 121.
• * 1.188

  Statute 8. of Hen. 6. cap. 15.
• * 1.189

  Crompt. Courts 16. vid Sta. de An 〈◊〉〈◊〉 H. 6. cap 〈◊〉〈◊〉.
• * 1.190

  21 of Ric. 2. cap. 12.
• * 1.191

  Plowd. 221. 6.
• * 1.192

  Bract. ini∣tio libri.
• * 1.193

  Brookes prerog. 13. c. 73. & Stamff 72.
• * 1.194

  Dyer 60. Cromptons Courts. fol. 11.