Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.

A TREATISE OF KNIGHTS AND Matters incident to the Degree of Knighthood, according to the Lawes of England.

THE particular kinde of services, by which lands of Inheritance are distinguished be two, viz. Knight service, and socage; vide Littletons Soccage, c. 26.

In ancient time, Tenure by Knights service was called Regale Servitium, Cooke in his Preface to his 3. Book, fol. 3, a. because it was done to and for the King and the Realme, and formi secum servitium, as appeareth in Anno 19. Edw. 2. Title Avowry 224.26. ass. p. 66.17. H. 4.19. Cookes 7. part 8. a. Calvins case, because they which doe hold by soccage, ought to doe and performe their services out of the Realme, Littleton, 35. Et ideo formi secum dicipoterit quia sita & capitur foris, & Hum. Servitiam persolvuntur ratione tenementarum, & non personarum. Bracton, fol. 36.

And as Knights service land requireth the service of the tenement in warfare and battell abroad, so Soccage tenure commandeth his attendance at the plough; th•• one by manhood defending the King or his Lords life and person, the other by industry maintaining with rents, corne and victuals, his estate and family. See Lam∣bert Customes of Kent, fol. 389.

For they did thus order their owne lands and tene∣ments, one part they kept and detained in their owne hands, and in them stately houses and Castles were e∣rected and made for their habitation and defence of their persons and the Realme; also Forrests and Parkes were made there for their pleasures Solace and De∣light.

One other part hereof was given to the Nobles and others of their Chivalty, reserving tenure by Knights service. The third part was bestowed upon men of meaner condition and quallity, with reservation of soc∣cage tenure; and in this manner the Dukes and o∣ther the Nobles with their menialls and followers dissipate to a great part of their lands, viz. to their Gentlemen of quality to hold by Knights service, and to others of meaner condition by Soc∣cage tenure.

Gervasius Tilburiensis, a learned man, who flourished in the dayes of King Hen. 2. in his Dialogue of the ob∣servation of the Kings Exchequer, hath in effect as fol∣loweth, Untill the time, saith he, of King Hen. 1. the King used not to receive money of their lands, but vi∣ctuals for the provision of their house, and towards the payment of their Souldiers wages, and such like charges; Mony was raised out of the Cities and Castles, in which

Husbandry and Tillage was not used and exercised; But at length when the King being in the parts beyond the Seas, needed ready money for and towards the Furni∣ture of the warres, and his Subjects and Farmers com∣plained that they were grievously troubled by carriage of Victuals into sundry parts of the Realme farre di∣stant from their dwelling houses; the King directed Commissions to certaine discreet persons, who having a regard of those Victuals should reduce them into rea∣sonable summes of Money, the leavying of which summes they appointed to the Sheriffe, taking order withall, that he should pay them at the scale or beame, that is to say, That hee should pay sixe pence over and above every pound weight of money, because that they thought that the money in time would waxe so much the worse for the wearing. Cambdens Perambu∣lation of Kent, fol. 172, 173. Vide Littleton, libro 2. fol. 26. Note also Gervasius Tilburiensis, who lived, Anno 1160. Anno 6. Hen. 2. And Cambden, fol. 178.

It was anciently ordained, that all Knights Fees should come unto the eldest Sonne by succession of Heretage, whereby hee succeeding his Ancestours in his whole Inheritance, might bee the better enabled to maintaine the warres against the Kings Enemies or his Lords: And that the Soccage Fee should be part∣able betweene the Male Children to enable them to encrease into many Families, for the better furthe∣rance in and increase of Husbandry. See Cookes Preface to the Reader, in his Ninth Booke, Fol. 2.6.

But as nothing is more unconstant then the

estate we have in Land and livings, if at least I may call that an estate which never standeth even so long since. These tenures have been so indifferently mixed and con∣founded in the hands of each sort, that there is not now any note of difference to be gathered by them. See Lamberts perambulation of Kent, fol. 10.

Et quia tale servitium formi secum non semper manet sub eadem quantitate, sed quando{que} praefat. ad plus quan∣do{que} ad minus Ideo qualitate Regalis Sencitii & quanti∣tate fiat mentio in charta ut tenens vectu tenere possit quid & quantum persolvere tentatur. Bracton, fol. 36.

And therefore the certainty of the law in this case is; That he that holdeth by a whole and entire Knights see, must serve the King or other Lord fortie dayes in the warres, well and sufficiently arrayed and furnished at all points, and by twenty dayes if he hold but the moitie of a Knights fee, and so proportionably, vide Littleton, fol. 20.

Anno 7. E. 3.1333. fol. 246. It was demurred in Judgement, whether the 40. dayes should be accounted from the first day of the muster of the Kings Hoast, or from the day that the King doth first enter into Scot∣land, but it seemeth that the dayes shall be accounted from the first day that the King doth enter into Scot∣land, because the Service is to bee done out of the Realme.

And they who hold per regale servitium, are not to performe that service unlesse the King doe also go him∣selfe into the warres in proper person, and that by the opinion of Sir William Hall Chiefe Justice of the Court of Common Pleas, Term. Trin. Anno. 7. Ed. 3. fol. 246. but see Anno 3. H. 6. Titulo protec. 2. In which case it

was observed that seeing the protector (who was pro Rex) went the same, was adjudged a Voyage Royall, vide Cook, 7 part of his reports, and in Fitz-••erbert, Natura brevia, 28. fol. 83.

Also when before the statute, De quia emptores terra∣rum, made Anno 18. Ed. 4. the King or other Lord had given Lands to a Knight to hold of him by service in Chivalry to go with the King or with his Lord, when the King doth make a Voyage Royall to subdue his Ene∣mies by 40 days well and conveniently arrayed for the Wars.

In this case, the Law hath such regard to the dignity of Knighthood, that he may find an able person to go in that expedition for him, and the Knight is not compellable by his tenure to go in person, as do ordinary souldiers, who are hired and entertained by prest money or wages Anno 7. Ed. 3.296.600.8. part fol. 49. b. And see Littleton fol. 20. another reason in this case.

There have bin many varying opinions of Countries of a Knights Fee, as you may read in 5. Ed. Cooke 9. part of his Reports, fol. 124. where he seemeth to prove that an∣tiquity hath thought that 20. l. in land was sufficient to maintain the degree of a Knight, as it appeareth in the ancient Treatise.

Demodo tenendi Parliamentum tempore Regis Edw. filii Regis Etheldred.

Which also doth concur with that Act of Parliament made Anno 1. Ed. 2. de militibus, by which Act of Parlia∣ment Census militis. The state of the Knight is measured by 20. l. land a year, and not by any certain content of

acres, and with this doth agree the state of Westmin. ca. 36 and Pitz-natum Br••v. 82. where 20. l. land in socage is put in Equipage with a Knights Fee, and this is the most reasonable estimation, for one acre may be lesse in value then many others, vid. An. 27. E. 3. c. 11. the printed books of the titles of honor, 319. M. Selden nata. And it is to be observed, that the relief of a Knight, & of all Superiours that are noble, is the 4. part of their revenue by the yeer, as of a Kt. 5. l. which is the 4. part of 20. l. & sic de cet. And this doth appear by the statute of Mag. charta ca. 8 as in Cooks 9. report. f. 124. b. And because this tenure doth con∣cern service in war, the Tenants, therfore are named mili∣tes a militia. For though the word do properly signifie a souldier, yet antiquity hath appropriated that name to the chiefest of the military profession, vid. Bract. f. 35. b. In our law they are stiled Miles, and never Equites; yet so, that Miles is taken for the selfsame, that Chevalier by M. Sel∣den in his Titles of Honour, 1. Impression f. 334. Bracton f. 79. maketh mention of Rod-knights, that is to say, serving horsemen, who held their lands with condition, that they should serve their Lords on horseback, and so by the cut∣ting of a piece of a name, as our delight is to speak short, this name of Knight remaineth with us, Cambden fol. 171. for Armiger scilicet Esquire, which is a degree under a Knight was in the Militarie Service.

Note, that he that holdeth by a whole Knights Fee, must be with the King by 40. days well and conveniently ar∣rayed for the war, Littleton fol. 20. which is to be under∣stood to serve on horseback. And in all Nations the name of this dignity is taken of Horses; for the Italians calleth them Caveleiri, the French-men Chivalers, the Germans Roysters, our Britains in Wales, Morgogh. All of Ryding, &

in Latin we call them equites aurati, for at their creations beside the sword and girdle, guilt spurs, were added for a matter of more ornament.

See the statute of Anno 8. H. 5, C. 3. M. Selden f. 317. and when a Knight doth commit any offence, for which he is by the Law to suffer death.

The use hath bin in the beginning of this punish∣ment to degrade and deprive him publikely of his Ho∣nour of Knighthood. For it is but life lost or taken away, Ʋide Mills fol. 81. by ungirding his Military girdle, by taking away his sword, his guilt Spurs cut off with a Hatchet, his Gauntlets pluckt off from him, and the scho∣chean of his Arms reversed, 4. E. 4.20, Cambden 171 b. and of the degradation of a Knight, which was Andrew Horkley, under E. 2. who was a Scot born, by that King created Earl of Carleile, vide Selden, his Titles of Honour fol. 337.

And by the statute made Anno 24. H. 8. cap. 13. inti∣tuled, An Act of Reformation of apparell. It was permitted for Knights to wear in a Collar of Gold, named a Collar of 55. Esses. And although this dignity of Knighthood had its originall, and was given to men of war; yet in all suc∣cessions of Ages, and in all Nations the same also is be∣stowed on men of peace by Sovereign Kings, that in se∣verall Functions and places in the Common-weal be of singular desert, wherby the service of the Common-weale at home is levelled and made equall with that abroad, for as Tully said truly, Parva sunt focis. Arma risi est Consili∣um domi. He that receiveth the Dignity of a Knight kneeleth down, and the King slightly smiteth him upon the shoulder speaking these words unto him therwithall in French. So is Chevalier a nome de dieu, that is to say,

Be thou a Knight in the name of God, and then after∣wards therupon the King saith, Avances Chevalier, that is, arise Sir Knight, vide Hooker al. Ʋocrell, his C. 10. fol. also Selden f. 37. who there speaketh of our Earl Marshal of England for making of Knights; for a Knight is not made by Letters pattents, or by the Kings Writs, as are those of greater dignity, but by the sword; For this Ho∣nour is supposed to be given on the sudain, and therfore it is commonly done only by the sword withou•• any pattent, but the King may by his Letters Patten's create a Knight.

Earls in ancient time had power in Knighthood, M. Selden title Honors, fol. 136. But now neither may the Prince nor any other of the Nobility make a Knight, but only the King or his Lieutenant by Commission hereof, vide Cook 6. part Dyer reports. f. 74. b. No man is born a Knight, Selden f. 3.18 as he may be to titles of Ho∣nour, Causa patet. But a Knight may be made so soon as he is baptized, as in that book is mentioned, excepts Knights Barronets, whose posterity doth receive that title by discent with some limitation; as in the Kings Books therof may appear. Note also in the said Titles of Honour, fol. 318 and 313. the first Knight made in Eng∣land.

With us in England there are divers sorts of Knights, wherof Camden fol. 171. and Mills do write at large; but my purpose is only to speak of one order of them: a∣mongst the Romanes there was but one Order of them, And these were next in degree to the Senators them∣selves, as with us they are to the Barons; and they who simply without any addition be called Knights, howsoe∣ver they are in Order ranked last; yet by institution they

be first and of greatest antiquity, and the other attributes according to the severall inventions of particular Prin∣ces.

And I do not remember, that in our Law books, I have read any thing concerning the Order of Knights, with addition, viz. Knight of the Honourable Order of the Garter, Knight of the Bath, Knight Barronet, Knight Banneret, But in the statute of 21. H. 8. cap. 13. where it is thus enacted.

Every Knight of the Garter may have three Chap∣lains, wherof every one may purchase license or dispen∣sation, and receive, have, and keep two Benefices with care of souls, and they of this Order wherof I have now writ, are called Knights of the spur, and Butcher Knights. And so it is used in the statute of 13. R. 2. cap. 1. and in the statute of 3. Ed. 4. cap. 5. Hereof see Cambden 176. and M. Seldens Title of Honours, fol. 336.

Between Doctors of the Civill law, and Knights have ever bin question for precedency and Serjeants at law▪ since either of them have obtained credit in the Com∣mon wealth: as may appear by the comparison that Tully maketh between Mucius Maurena, a Knight of Rome, and Publius Sulpicius a Lawyer; either of them standing for the Consulship. In his Eloquent Oration m••de for Mu••ena, and many Disputes of Bardell and Bardus, arguing the Case to and fro: which although it be yet disputable in forreign Countries, where the civill law is in credit; yet here amongst us in England, it is without controversie, and so the precedency thereof is undoubtedly in the Knight and Sergeant at law, in regard of their Callings. But if they both are of equall degree of knighthood, or a Serjeant at law not Knight, then it go∣eth

otherwise, as by Knighthood, by Seigniority, and by Serieantship, by the Kings Writ and degree allowed thereupon, Dr. Ridley 95. and so Selden his Titles of Honour, fol. 55. touching part of this Discourse, not all.

The opinion of some men hath lately bin, that Knights Lieutenants, that is to say, such as have beene Ambassa∣dours to forraigne Princes or Judges within the Realm, may and ought to have, during their lives, precedencie above men of their owne rankes, after these their Offi∣ces expired, and many of them doe stand strongly here∣upon, & sub judice lis est, not determined by judge∣ment, but admitting it to be so by way of Argument in that case; yet all the Heraulds doe utterly deny that priviledge to the Maior of London and Aldermen, or Justice of the peace, who have their limited Jurisdiction of Magistracie confined within the compasse of their owne walls and divisions.

But touching the former, they are generall Magistrates throughout the Realme, and their imployment concer∣neth the whole Common-weale, and having the pub∣like Justice of Honour of the whole estate committed unto them, do more meritoriously draw from thence a greater respect of honour, according to the generallitie of their administrations and imployments, which an in∣feriour and more confined Magistrate may have.

The name of a Knight is the name of Dignity, and a degree, as is the name of a Duke, Earle, &c. But in all actions he shall be named Knight, otherwise the Writ shall abate, See The••wall, lib. 3. cap. 3.

A Knight also must be named by the name of Bap∣tisme, and by his sirname, as Sir Ierome Bowes Knight,

but those of degree honourable, who are made by pat∣tent, may be named onely by their Christian name, and by their title of honour, as Iohn Earle of Clare, and that for two causes; first, because of their solemne creati∣ons, it is notorious, (et nomen dicitur a noscendo.) Se∣condly, there is but one of that title of honour within England, and therefore it is certaine what person he is, but otherwise of Knights, as it is certainely knowne in Anno 8. Edw. 4.24. a.

And Priscot Chiefe Justice saith in 32. H. 6. fol. 26. b. that if an Esquire be made a Knight, hee loseth his name of Esquire; but albeit a Knight may be made a Nobleman, or of any high degree, he still retaineth the name of Knight, and so ought to be stiled in the making of all Writs. See Milles; fol. 81.

Also, if a man do recover in an action by the name of Iohn Stiles Esquire, and afterwards he is made a Knight, he must sue out his Scire facias by the name of Knight, Vide Long. anno 5. Ed. 4. fol. 19.

And this name shall not dye with him, for if hee were bound by an Obligation by the name of Gentle∣man or Esquire, and afterwards is made Knight and dy∣eth, the Plaintiffe in the Action to be brought against his Executors must name him Knight, otherwise the Writ shall abate, Vide anno 7. H. 4.7.6. & 26. Ed. 3. fol. 64. a.

Thomas Ormond was attainted by Parliament by the name of Thomas Ormond Knight, whereas hee was no Knight, he shall not forfeit any thing by that attainder, because it cannot be intended the same person, for this word Knight is parcell of his name, 21. E. 4. fol. 17. a.

If a Grant be made to H. Knight, when he is no knight, it is a void Grant. But if it be a Feofment in Fee with li∣very of seism, the livery it maketh good Vide Broek titu∣lo Grants, 50. Anno. 4. H. 6.

If the Plaintiffe or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight, the Writ shall not only abate, but also the Plaintiffe or Demand••nt may not have another writ by Iournier ac∣count. Finches book 59. Ʋide Cooks b. part. de les Reports 1. b. But by the statute Anno 1. Ed. 6. cap. 7. It is amongst o∣ther things Enacted, that albeit any person or persons be∣ing Justices of Assise, Justices of Goal delivery, or Justi∣ces of the Peace within any of the Kings Dominions, or being in any other of the Kings Commissions whatsoe∣ver shall fortune to be made or created, Duke, Arch-Bi∣shop, Earl, Marquesse, Viscount, Baron, Bishop, Knight, Justice of the one Bench or on the other, or Sergeant at Law, or Sheriffe? yet notwithstanding, he and they shall remain Justices and Commissioners, and have full power and Authority to execute the same in like manner and Form; as he or they might or ought to have done be∣fore the same.

By the statute of Anno 5. H. 5. cap. 5. It is enacted as followeth, That every Writ originall of accounts perso∣nall appeals, and Ind••ctments shall be made with the addition of their Estates and Degrees, &c. and a little af∣ter it is provided, That if the said Writs of accounts personall be not according as the record and deed by the surplusage of the additions aforesaid, that for this cause they are not.

Iohn a Stile Gent. is bound by obligation to one A. B. the Obliger is afterwards made Knight, the Bond is for∣feited.

A. B. by his Attorney draweth a note or title for an originall Writ, according to the defendants degree, though it vary from the originall, specially as it ought to be made by the statute: But the Cursitor mistaking did ••ake the originall only according to such addition, as was specified in the Obligation, omitting his degree of dignity, and the Entry of Capias alias & plures, was ac∣cording to the said originall: but in the Exigent and Proclamation, and in the Entry of it, the Defendant was ••amed according to his degree of Dignity, upon a Writ of Errour, after judgment, doubt was, if this might be a∣••ended in another Court, then where the originall was made; and at last, it was resolved by all the Court, that the Record should be amended by the Cursitor, and made according to the Note or Title delivered unto him by the Plaintiffes Attorney, Cook 8. part fol. 15. b.

It appeareth in our Book of Law, that the highest and lowest Dignity are uniuersall; For as if a King of a Forreign Nation come into England by leave of the King of this Realm (as it ought to be) in this case he shall ••••e and be sued in the name of a King, 11. Ed. 3. Test Breccon. 473. So shall he sue or be sued by the Name of a Knight, whersoever he received that degree of Dignity, ••o. Ed. 4.6. H. 6.14. but otherwise it is, as ••f a Duke, Mar∣quesse, Earl or other Title of Honour given by any For∣reign King; yea though the King by Letters Pattents of ••ife conduct, do name him Duke, or by any other his for∣••eign Title of Dignity: For experience sheweth, that Kings joyned in league together (by a certain mutuall, ••nd as it were a Naturall power of Monarchs, according ••o the Law of Nations) have denized one anothers sub∣••ects and Ambassadors, graced with this title of Honour.

Therefore though a Knight receive his Dignitie of Forraigne Prince, he is so to be stiled in all Legall pro∣ceedings within England, Vide Cooke, 7. part. fol. 16. b.

And Kings were wont to send their sonnes to the•••• Neighbour Princes, to receive Knighthood at thei•• hands, Vide Selden, fol. 331. & 308. thinking that i•• was more honourable to take Armes of some other, le•••• affection might seeme to prevent judgement, when th•• father gave them that honour.

Thus was our King H. 2. sent unto David King o•• Scots, and Malcombe also king there, sent unto our H 2. and our king to the king of Castile, to take of them Military or Civill Armes, for the tearmes and phrase•• they used in that age for the making of a knight, Vid•• Camden 174.8. vide Selden, fol. 315.

And knights in all forraigne Countries have eve•• place and precedencie according as they are ancient knights, which priviledge is deemed to Noblemen, for be they never so ancient in forraigce Countries, they shall goe before as Puesneys.

The degree of knighthood is not onely a Dignitie and honour to the party, for so it is termed in Brooke, title Additions, fol. 44. but honourable for the king∣dome; and therefore it hath been an ancient Preroga∣tive of the kings of this Realm, at their pleasure to com∣pell men of worth to take upon them this degree upon the payment of a Fine, as appeareth in Ann. 7. H. 6.15. Pitzh. Abridg. tit. Im. 12. and by the Statute, a. 1. Ed. 2. de militibus. But we see by experience in these daies, that none are compelled thereunto, and that is the rea∣son; wherefore if the Plaintiffe be made knight hang∣ing the Writ it shall abate, because he hath changed his

name, and that by his owne act, Vide Cooke 7. part f. 27. b. part 10. b. 1, Ed. 6. cap. 7. contrary.

And for that cause also by the common Law, not only the king, but every Lord of a Manor ought to have of every of his tenants a reasonable fine to make his eldest son knight, Vide Bracton, fol. 36. b. and all lands are sub∣ject to these aides, except onely ancient Demeasnes, and grand and petty serjeantly tenures, as the Law hath been anciently delivered, Vide Fiszh. Nat. bre. f. 83. a. and Selden, f. 13. where it is also said, one that wrote a little after the statute of West, the first allowes as a good barre to the avowry for the tenant to plead, that the father himself is no knight, so that one not knighted cannot claime the aide of his own Tenants, Briton de Prises de Avers.

And it was not at the liberty of the Lord to make more or lesse of his Tenants, by the common Law in this case but by the statute at Westminster, 1. cap. 35. it is put in∣to certainty, viz. forasmuch as before this time reason∣able and to make one son knight, or to marry his daugh∣ter was never put into certainty, nor how much should be taken at that time, whereby some levyed unreasona∣ble aide, and more often then seemed necessary where∣by the people were sore grieved.

And it is therefore provided, that from henceforth a whole knights see be taken but 20. s. and of more, more, and of lesse, lesse, after that rate, and that none shall levie such aide to make his son knight, untill the sonne be 15. yeares of age, nor to marry his daughter untill she be of the age of 7. yeares and of that there shall be menti∣on made in the kings Writs, formed on the same if any one will demand it, and if it happen that the Father

after he had leavied any such aid of his Tenants, did be∣fore he hath marryed his Daughter, the Executors of th•• Father shall be bound to the daughter, for so much as th•• Father received for the Aid. And if the Fathers goods b•• not sufficient, his heir shall be charged therwith unto th•• daughter, and this Heir is so incident, that although th•• Lord do confirm unto the Tenant to hold by fealty an•• certain Rent, and release unto him all other services an•• demands; yet he shall have the aid to make his elde•••• Son Knight, Anno 40. E. 3. f. 22. Finches book 24. but the King was not bound by the statute beforementioned, be∣cause the King was not named in that statute, and therfor•• by the statute 25. E. 3. cap. 11. The Kings aids were brought to a like value, Selden fol. 3.30.

The intention of the Law, is, that an heir within the age of 21. years is not able to do Knight-service, till his full age of 21. years, Littleton lib. 2. cap 4. f. 22.

But such a presumption of Law doth give place to 〈◊〉〈◊〉 judgment and proof to the contrary, as Bracton saith. Sa∣••••litur presumptioni donec probetur in contrarium.

And therfore the King who is the Sovereign and Su∣pream Judge of Chivalty, hath dubbed him Knight, he by this hath judged him able to do him Knight-service, and all men concluded not to say to the contrary, & therfore such an heir being made Knight, either in the life of his Father, or afterwards during his minority, shall be out of ward and custody, both for Lands, and for his body, or marriage, by the ancient common Law; by reason also, that the Honour of Knight-hood is so great, that it is not to be holden under by any: yet if the King do create any such an Heir within Age, a Duke, or Marquesse, Earl. Count, Viscount, or Baron, by this he shall be out of ward

••nd custody, both for his Land and for his body, vide ••ook 6 part 74, a.

And therfore it is provided by the statute of Mag•••• ••harta, Cap. 3. Ita tamen quod si ipse dum infra aetatem fue∣••••t, fiat miles nihil ominus terra remaneat in custodia do∣••inorum suorum. So that although such an heir within age 〈◊〉〈◊〉 made a Knight, and therby to this purpose is estee∣••ed of full age; yet the Laws shall remain in the custo∣•••••• of the Lord till his age of 21. years by the provision 〈◊〉〈◊〉 the said Act. Quere, if the son and heir of the Tenant 〈◊〉〈◊〉 the King by Knight-service, &c. be made Knight in ••aris by the King of France? whether he shall be out of ••ardship after the death of his Father or no, for therby ••e is a Knight in England, Cook. 7. par. a. 2. E. 4. fo. b. tamen ••ide Cooks 6. par. 74. b. Mention is only made of Knights, ••ade by the King himself, or by his Lieutenants in Ire∣••••nd.

But when the King doth make an heir apparent with∣•••• age of a Tenant by Knights service, a Knight in the ••se time of his Ancestor, and after the death of his An∣••estor, the said heir being within age, shall in this case be 〈◊〉〈◊〉 of ward, and shall pay no value for his marriage, nei∣••her shall the Lord have the custody of the Land; for in ••hat case by the making of him Knight in the life of his Ancestor, he is made of ful age: so that when his Ancestor ••yeth, no Interest in the body nor in the Land shall in∣••est, but the Knight may tender his livery, as if he were 〈◊〉〈◊〉 full age, and in this case the King shall have primer ••••ism, as if he had bin 21. years old at the time of the de∣••ease of his Ancestor, and not otherwise. Cooks 8. part. fol. 〈◊〉〈◊〉 71. a. for the statute of Magna Charta doth not extend ••nto it. For the purpose of it doth extend only when the

Heir is in ward, infra etatem is made Knight, then rema neat torra in Custodia. But when the Heir is in ward, be∣ing Knight in the life of his Ancestor, then the Custod•• cannot remain or continue, which had never any ince∣ption or essence.

Also when the Heir after the death of his Ancestou•• within age is made a Knight, if after tender made unt•• him, he within Age doth marry else-where; yet he shal•• not pay the Forfeiture of his Marriage: For by the ma∣king of him K••ight, he is out of ward and custody of hi•• Lord; for then he ought to be sui juris, and may imploy himself in Feats of Arms for defence of ths Realm, and therfore may not be within the Custody or keeping of another, but none shall pay any Forfeiture, but when af∣ter refusall he doth marry himself during the time when he is under the Custody or keeping of his Lord.

And this doth appear by the statute of Merton, cap. 6. Si maritaverit sine licentia Domini sui ut ei auferat, Maritagium suum, &c. Which Words cannot be under∣stood, when he is out of Ward and Custody, no more then when he is married after his age of one and twen∣ty years.

Note, hereby may appear that the King may pre∣••ent his Grant or other Lords of the double value by Knighthood; yet in such a C••se presently after the Heir is made Knight, after the Death of his Ancestour, the Lord may have a Writ de valore Marigii, for the single Cooks 6. part 74. and 75. and note Plowden f. 267.

Also by the ancient Common-law of this Realm, if a Villain be be made a Knight, he is immediatly enfran∣••ranchized, Olanvile lib. 5. cap. 5. f. 27. and Bracton, lib. 4. ••ap. 198. b.

Or if a Ribauld or man of base Birth and Condition had ••trucken a Knight he should by the ancient Laws have ••ost his hand wherwith he offended, Britton 19. in his ••ppeales.

But in France it was judged antiently, that when a ••ord of a villain had Knighted his villain, being a Gentleman, he became Free, and had the Honor lawfully, ••ut if another Lord had Knighted him, nothing had bin ••rought by it: For none could mannue him, but the Lord, and till Mannumission or till Knighthood had ci∣••ill Freedome for his ground, he was not capable of it, ••xcept by the King only, vide Seldens Titles of Honour; fol. 318.

It was enacted in Parliament, Anno 6. Ioh. Regis in ••ec verba, Rex vicecom. &c. Sciatis quod consensum, est cum assensu Archieporum, Comit. Baronium. & omnium fi∣delium urum Angl. quod Novem milites per totam Angl. invenient decimum militem bene paratum equis & Armis ••d defensionem Regni nostri vide Cook before his ninth Book. b.

There hath ever bin and still is great use of the service of Knights, even in civil affairs, and concerning matters of Iustice, as in a Writ of right, which is the highest writ in the law, for the trials of titles touching the inheritance of lands, the Tenant is at election to have his tryall by a grand assize, or else by battle; if by the great assize, then 〈◊〉〈◊〉 de magna assiza Elegenda sh••ll be taken out. And

upon the return of that Writ those four Knights nomi∣nated, must appear Gladiis cinctis Dyer, 79. f. 103.

If the Tenant make his election by Battle, each par∣ties are to choose their Champions, and the Court shall award the Battle, and the Champions shall be a main∣prise, and sworn to perform the Battle at a certain day in the Term, and idem dies shall be given to the parties, at which day and place, a List shall be made in an even and plain ground, their Squadrant, that is to say, every square 60. foot, East, West, North, and South, and the place or Court for the Justices of the Common Pleas without, and upon the Lists furnished with the same Cloths, which belong to their Court at Westminster, and a Barre there shall be made for the Sergeants at Law, and the Robes of the Justices and Sergeants shall be of Scarlet, with their Coifes, as it was Anno 13. Eliz. and then was made Proclamation with three O. yes, &c. and the Deman∣dant was first solemnly demanded, and did not appear: Wherupon the Mainprise of the Champion was deman∣ded to bring forth the Champion of the Demandant, who came to the place apparelled with red Sandalls upon his black Armour, bare legged from the knee downwards, and bare headed, and bare Arms to the El∣bowes, being brought in by a Knight, namely by Sir Ierome Bowes, who carryed a Red Baston of an Ell long, typt with horn, and a Yeoman carrying the Target made of double Leather, and they were brought in at the North side of the Lists, and went about the sides of the Lists, and then came towards the Bar before the Justices, with their solemn Congies, and there was he made to stay on the Southside of the place, being the right side of the Court.

And after that the other Champion was brought in like manner at the South-side of the lists with like congies, by the hands of Sir Henry Cheney, Knight, and was placed on the Northside of the Barre, and two Serjeants, being of the counsell of each party, in the midst betweene them; this done the Demandant was solemnly called againe, and appeared not, but made defanit, Bucham Serj••ant for the Tennant pray∣ed the Court to record the non-suite, quod factum fuit, and then Dyer chiefe Iustice reciting the Writ and Count and issue joyned upon the battaile, and the oath of the Champion to performe it, and the prefixi∣on of his day and place, did give Iudgement against the Demandant, and that the Tennant should have the Land to him, and to his heires for ever.

And the Demandant, and his pledges, de prosequendo in miserecordia Reginae, and afterwards solemne Pro∣clamation was made, that the Champions, and all other there present, which were by estimation four thousand persons might depart in the peace of God, & the Queen, Et sic fecerunt magra clamore, vivat R••gina, vid. Dy. 30.

Also if false Iudgement bee given in the county in the Sheriffes Court, then the Writ shall be directed unto the same Sheriffe, and the writ shall bee thus, viz. Henricus &c. vic' Lincoln' saltum si Jo: Afec' tunc inpleno Comitat. tuo recordari fac' loquar: que est in eodem Comitatu tuo per bre' nostri de recto inter Iohannem a pretend & W. B. tenent' de vno mes∣suagio & centum acres terrae c••m pertinena' in Com' unde idem Io: acqueritur? falsum sibi factum suisse Iu∣dicium in eodem & recordo illud litter' coram Iustic' nostris apud Westm' tali die sub sigillo tuo; et legales mi∣lites

ejusdem Com' & illis qui record' illi interfuerunt & som' per bonos somonon' pred' B. quod tunc et ibi an∣diturae recordum illud et habeas ibi sun' nostra quatuor militum et hoc bre' Fitz. H. Nat. br' et ibid. and these foure must be Knights indeed.

Also the Iustices upon consideration of the usuall words in every Writ of Venire facias, which by preci∣pimus eibi quod venire facias ceram, &c. 12 tam milites quamalios liberos et legales homines. &c. Say that these words, tam milites were not at the first put into the Writ without effect, Plowden, fol. ••17. b. For it seem∣eth that in di••bus illis; some Knights were returned upon every ••enire facias. By the Statute of Magna Charta, cap. 12. It is ordained, that Assizes of No∣vell diseisin, and Mors. Dancestor should not be ta∣ken any where, but within the Counties where they happen.

If a Tennant doe lay an essoyne, de malo lecti, he may have a Writ out of the Chancery, to warrant it, by which it shall bee commanded to foure Knights to view him, and if they see him sicke, then they are to give him day to the end of a yeare, and a day, Finches booke 87. b. note the Register, fol. 117. b. quod corcera∣tur non obligatur nisi sit miles, &c. juxea fornam sta∣tuti Westm. 1. cap. 10. & Stamfords pleas, fol. 40.

It is a received opinion, that Knights are excused from attendance at Leets, Britton, 29. and 36. is cited to prove it; and by a large understanding of the in∣tent, and meaning of the Statute of Marlbr. cap. 10. For the ancient Common-law hath such respect unto the degree of knight-hood, that they or their eldest sonnes, were not compellable to find pledges in the

Leet, or Law-dayes: For the Statute of Marlbr. aforesaid, was not introductive legis, For it was before the Conquest, vide the Lord Chancellors speech, fol. 77. and the Common-law by this Statute is not allead∣ged; and to that effect, vide Finches Booke, fol. 132. a. and Bro. tit. fol. 39. and to the booke called the Mirrour of Iustice, mentioned in the Preface to Cooks ninth part: it is said, that Knights are excepted, and so it appeares, that the practise, was as well before, as immediatly after, the making of that Statute of Marlb. and interpretation practica, a principle way and forme of interpretation of Lawes.

The Lord Chancellors speech in the case of Post-na∣ti, 34. and in Divinity, Propter sanctorum est interpre∣tes preceptorum, ibidem 66. But a Knight, and superi∣ours, and inferiours, are bound by Law to take notice of the proceedings there: For if a man be out-lawed for felony at a Countie Court, and one of the same County not knowing of the felony doth receive him hee is accessary, 13. & 14. Eliz. Dyer, 355. a. et Stamford 96. et 41. Eliz.

Also when the King doth summon to his Parlia∣ment, Writs shall bee sent to the Sheriffe, to make choice of Knights for every shire; in this forme, Rex vlc' &c. saltim quia _____ _____ nostri Consilii pro quibusdam arduis & urgenti∣bus negotiis nos statum et defensionem regni nostri An∣glia & Ecclesiae Anglicanae concernen' quoddam Par∣liamentum nostrum apud civitatem nostram Westm. 12. d••e Novembr. prox' futur' teneri ordinavimus et ibi∣dem prefatis magna tibus Proceribus dom' regni nostri colloquium habere et tractare tibi precipimus firmiter

injungentis quod facta proclamatione in proximo _____ _____ tuo po••t receptionem hujus litteris nostris tenen l' die & loco praedict' d••os milites gladiis cinctis magis ido∣neos, & discret' com' praedict, &c. & electionem illam in _____ _____ distincte & aperte sub sigillo tuo, & sub sigillis eorum qui electioni. illi interfuerint nobis in Cancellaria nostra, _____ _____ & locum certifices indilate; Cromptons Courts, 1. b. vide Stat. de An. 23. H. 6. cap. 15. Where amongst other things it is enacted that the Knights of the Shires for Parliaments, hereafter to bee chosen shall bee naturall Knights of the same County, for the which they shall bee so chosen, or otherwise such na∣turall Esquiers or Gentlemen being of the same Coun∣ty as shall bee able to bee Knights; vide Plowden, fol. 121.

Peeres are by intendment of Law, sufficient of Freehold, and that is one of the reasons, whereof no capias or exigent lyeth against him for debt or trespas; but the Law hath not that opinion of the Knights sufficiency of Freehold, for bee may bee a Knight Sans terrae; therefore 26. H. 8.7. a. Brooke Exigent 72. and then hee is to bee returned of any jury or inquest, howsoever hee may bee worthy, and suf∣ficient to serve the Common-wealth in Marshall af∣faires.

The wives and widdowes of Knights in legall proceedings and in Courts of Iustice have not the titles of Ladies as the wives or widdowes of Noble∣men have, but that title by the curteous speech of England.

And if in any action they be not called Ladies, for

that cause, the writ shall not abate for that surplusage, Anno 8. H. 6.10. because Dominae is generally as men Domini, so women after 14. yeares of age called Dominae, Ladies or Dames, and which were antiently navigeable women were called Dominae, and by our English Poets, Dames; First, Dominae is often for wo∣men generally, as speciall Honour for that sex, not being out of use with us at this day, nor with the French; as also amongst the Italians, Dominae for them is familiar, vide Seldens title of Honour, 1. part fol. 53. But if shee bee named Countesse or Baronesse shall abate the writ 14. H. 6.2. And Cookes 6. part, des reports, 53. b.

By the statute of Magna charta, cap. 21. Knights are free from cart taking, that no Demeasne cart of them shall bee taken.

By the statute of 1. Iac. cap. 27. It seemeth, that Knights may keepe Greyhounds, and setting Dogges, or Nets to take Pheasants or Partridges in; though they cannot dispence 10. l. per annum nor bee worth 200. l. For the expresse words of that statute are, that all the Sons of Knights are excepted.

Observations concerning a Knight Batchelour.

A Knight Batchelour cannot claime the priviledge, that Knights have from cart-taking, by Magna charta, cap. 21.

A Knight Batchelours Sonne cannot keepe a Grey∣hound,

because hee is not within the statute of, 1. Iac. cap. 27. unlesse hee have 10. l. Lands, &c.

Quars, whether the Knight Batchelours addition, doe abate any action, &c.

If one bee Knighted in the life time of his Father, it frees him of wardship, but è contrario of a Knight Batchelour.

Knights are excused from attendance at Leets, but so are not Knights Batchelours.

Of Esquires.

ALthough by the Civill Law, there bee no Gen∣tlemen of title, under Knights, but all the rest wont under the name of people, yet with us, there are in the ranke who have names of preheminence, whereby they are in degree above the rest; as Es∣quiers and Gentlemen, all which give ensignes or coates of armes, and thereby are distingnished from the meaner sort of people, in which respect (Bartol. Tract. de Insignis) calleth Noble, but of a weake No∣bility, for it hath no further prerogative in it, then that it makes them differ from the baser sort of peo∣ple.

Of these two sort of Gentlemen, with us, the Esquire hath the Prerogative priority, but it seemes, if an Esquire bee named Gentleman, or a Gentleman bee named Esquire, it is no vice in legall proceedings, Brooke additions, 44.

Esquire seemeth by the Common name, wee give

him in Latine, to have had his originall, either for that hee carried the armour of the King, Duke, or o∣ther great personage, as wee see not onely in the Scriptures, as Saul and Jonathan had their armour bearers, but in Poets and other Prophane stories, Patroclus was Achilles his armour bearer, and Clitus great Alexanders, whereupon some write, that hee, whom wee call Armiger in Latine, is a Foot-man, that with a speare, shield, or head peece followeth an armed Knight in battaile, or rather as some others suppose; It is the Foot-man himselfe armed in the field; but howsoever the word bee taken, this is sure, those men were of good accompt in old time, as those who wonne themselves credit out of warre, and so their estimation remained unto their posteri∣ty; And as those were in time before, so are these, which are in our dayes, as descending for the most part from their worthy Ancestours, and our bookes of the Common Law doe distinguish them thus, that is to say.

Knight-hood is a dignity, but Esquires and Gen∣tlemen are but names of worship, An. 14. H. 5. And Brooke in his Abridgement in that case, Tit nosmer de dignity, 33. saith, to bee a Knight est Gradus, but to bee an Esquire or Gentleman est Status. For Gra∣dus continet Statum inse, & non è contrari, vide The∣soal. 105. concerning this word (worshipfull,) read in the printed booke, Master Seldens title of honour, Prima pars fol. 124. & sequentia.

In time past, every Knight had two of these wai∣ting upon him, they carried his morion and shield, and as inseperable Companions, they stuck close to

him because of the said Knight their Lord, they had certaine lands in escuage, like as had the Knight him∣selfe, who held them of the King by Knights ser∣vice.

The beginning of armes in Europe amongst Chri∣stians is supposed from the ••oly warres, for the Turke paint them not, and so with us a••out H. 3. They be∣came more hereditarily established, and when the Prince enabled any, hee gave them the parti••ular of his bearing in Blason, Master Seld n in his Preface fol. 5. where you may also see an example in the Raigne of R. 2.

But now adayes there are five distinct sorts of these, for those whom I have spoken already, bee now no more in any request, the principall Esquires at this day, are accompted those, that are elected Esquires for the Princes body. The next unto them be Knights eldest Sonnes successively; In a third place are repu∣ted younger Sonnes of the eldest Sonnes of Barons, and of other Nobles of higher estate; and when such Heires Males failes, together with them also the title faileth.

In a fourth ranke are reckoned those, unto whom the King himselfe together with the title giveth armes, or createth Esquires by putting about their necks a silver Collar of S. S. and in former times upon their heeles a paire of white spurres silvered, whereupon at this day in the West part of the King∣dome, they are called white spurres, and to the first begotten Sonne onely of these doth this title be∣long.

In a fift and last place be those ranked, and taken for

Esquires, who have any superiour publike office in the Common-wealth, or serve the Prince in any worship∣full calling, at the Coronations of Kings and Queenes, Knights of the Bath are made men of worth, and ho∣nourable blood, to the end that their Majesties may bee accompanied in their owne honours, every of which Knight having two Gentlemen to attend him in that Ceremonie, who are ever after enabled by that service to be Esquires during their lives.

But this name of Esquire, which in ancient time was a name of charge and office only, first crept in amongst other titles of dignity and worship (so farre as ever I could observe) In the raigne of R. 2. Camden, fol. 176. vide Sir Thomas Smith de republica, Anglorum fol. 26. where saith he, that the Esquire is no distinct order of the Common-wealth, and here∣of see the statute of An. 16. R. 2. cap 4. and an. ejus∣dem Regis, cap. 2.

A Serjeant of the Kitchin in the Kings house, may beare the name and addition of Cooke, or of Esquire, by the opinion of Newton. But Ienny said, that such of∣ficers of the Kings House-hold would be much agre∣ved, if they should be named by their trade or occupa∣tion: Paston peradventure faith in that case, the writ may be good, because of the Statute, Anno 1. H. 5. cap 5. For the Statute is, That hee shall be named of the Towne, degree, state, condition, or mysterie: And when hee was named, Cooke hee observed the Statute: For hee hath named him by his name of mysterie, and yet hee may be in that case an Esquire, and a Cooke, 14. H. 6. fol. 15.

If a man be an Esquire, or Gentleman only by of∣fice,

and lose his office, hee then doth lose his gentry, also, 26. H. 6. Estopell 47.

Note, Esquire or Gentleman, are but additions to satisfie the said Statute: But names of dignity are par∣cell of the name, vide Bro: additions, 58.21. E. 4.71. b. and therefore if a precipe quod reddat bee brought against A.B. yeoman, and Recovery is had, whereas the Tennant was a Gentleman, yet the Recovery is good: The same Law where a Release is made to A. B. yeoman, who is a Gentleman, and where addition is given by the Party, where it needeth not by the law (being no dignity) it is void, so if a deed be made to a Gentle man by the name of a yeoman: For there is a great difference betweene deeds and writs, Cooks 6. part. a.

If an Esquire be to be arraigned of high treason, he may and ought to be tryed, Per probos & legales homines that may dispend 40. s. per An. of free-hold, or be a 100. l. in value in goods, and so the Statute that doth speake of men of his condition hath alwayes beene put in ure, Dyer 99. b.

The King may make an Esquire by Patent in these words, viz. creamus to Armegerum, &c. Note Mr. Selden, his Preface to his titles of honour 5. b and 313.

By the Statute of 21. H. 8. cap. 13. It is amongst other things enacted, That the brethren and sonnes borne in wed-locke of every Knight, being spirituall men, may every of them purchase lycense and dispen∣sation, and receive, take, and keepe two parsonages, or benefices with cure of soules.

The sonne or sonnes of any Knight is priviledged to

keep a Grey hound, or setting doge, or nets to take Pea∣sants, or Patridges in, though he cannot dispend x.i in his own right, or in his wives right of an estate of in∣heritance, or of the value of 30. l. of estate for life, 1. Jac. cap. 17.

The Definition of Gentry, or civill Nobility.

GEnerous seemeth to be made of two words, the one French, Gentile honestus, vel honesto na∣tus; the other Saxon (mon) as if you would say, a man well borne, and under this name are all comprised, that are above yeoman, so that Nobles are truly called Gentlemen, by the course and custome of England.

Nobility, is either Major, or Minor; Major con∣taines all titles, and degrees from Knights upwards, Minor from all Barons downewards, Gentlemen have their beginning, either of blood, as that they are borne of worshipfull Parents, or that they had expedited something worthy in peace or warre, whereby they deserve to have armes, and to be accounted Gentle∣men.

But in these dayes he is a Gentleman, who is so commonly taken, and reputed, Doctor Ridley 96. And whosoever studieth in the Vniversities, who professeth the liberall sciences, and to be short, who can live idly, and without manuall labour, and will beare the Port, charge, and countenance of a Gentleman, he shall bee called Master: For that is the title that men give to Esquires, and other Gentlemen: For true it is with us, as one said; Tanti eris aliis quanti tibi sueris: and if need be, a King of Heralds shall give him for money

armes newly made, and invented with the Creast and all: the title whereof shall pretend to have hin found by the said Herauld, in the perusing and viewing of old Registers, where his ancestors in time past had beene recorded to beare the same: or if he will doe it more truly, and of better faith, hee will write, that for the merits of, and certaine qualities that he doth see in him, and for sundry noble acts which he hath performed, hee by the authority which he hath, as King of Heralds in his Province, and of armes, giveth unto him and his heires, these and these heroicall bearings in arms, vide Smith de Republic. Anglorum.

But some men of Iudgement make doubt and que∣stion, whether this manner of making Gentlemen is to be allowed or no: and it may seeme, that it is not amisse: For first the Province looseth nothing by it, as hee should doe, if hee were in France. Reade Fortescue, fol. 82.

For the Yeoman or Husbandman is no more sub∣ject to toyle, or tax in England, then Gentlemen; nay in every payment to the King, the Gentleman is more charged, which he beareth the more gladlier, and dare not gainesay, to save and keepe his honour and reputa∣tion, in any shew, or muster, or other particular charge of the Towne where he is, he must open his purse wi∣der, and augment his proportion above others, or else he doth diminish his honour, and reputation: as for their outward shew: a Gentleman, if he will bee ac∣counted, he must goe like a Gentleman.

And if he be called to the warres, hee must, and will whatsoever it cost him, array himselfe, and arme his body according to the vocation that he pretendeth, hee

must also shew a more manlike courage and tokens of better education; higher stomacke, and bountifuller liberality then others, and keepe about him idle servants, who shall doe nothing but waite upon him, so that no man hath hurt by it, but himself, who hereby (perchance) will beare a bigger sayle, then he is wel able to maintain.

For as touching the policy and government of the Common-wealth, it is not those that have to doe with it, which will magnifie themselves, and goe in higher Buskins then their estate, but they who are to be ap∣pointed, are persons tryed and well knowne.

In 25. Eliz. the case was, that whereas it is requi∣red by the Statutes of 1. H. 5. cap. 5. That in every writ originall, &c, in which an exigent shall be awar∣ded, that additions should bee given unto the Defen∣dant of their estate, and degree, &c. and the case was that one was a yeoman by his birth, and yet common∣ly called and reputed a Gentleman; and yet it was ad∣judged, that a writ may bee brought against him with the addition of Gentleman: For so much as the inten∣tion of the act, is to have such a name given, by which hee may be knowne, this is sufficient to satisfie the law, and the act of Parliament: For nomen dicitur a nos∣tendo, quia natitiam facit, Cook. 6. part. 65. and 67. a.

But if a Gentleman bee sued by addition of Hus∣bandman he may say hee is a Gentleman, and demand Iudgement of the Writ without saying (and not hus∣bandman:) For a Gentleman may be a husbandman, but hee shall be sued by his addition most worthy, An. 14. H. 6. b. 16. For a Gentleman of what estate soe∣ver hee be, although hee goe to plough, and by com∣mon Law, though he have nothing in his purse; yet

is a Gentleman, and shall not be named in legall pro∣ceedings, Labourer Long, 5. E. 4 33.14. H. 6. fol. 15, a. Dyer.

If a Gentleman bee bound an aprentice to a Mer∣chant, or else, &c. be hath not thereby lost his degree of Gentry, Estopell 47.

But if a Recovery be had against a Gentleman by the name of yeoman, in which case no addition is necessa∣ry, then it is no errour, Brooke Cron 83. addition 58. So if any deed or obligation be made unto him by the name of yeoman.

If a Capius goe against A. B. yeoman, and if the Sheriff•• take A. B. Gentleman, an action of false im∣prisonment lyeth against the Sheriffe, vide An. 21. E. 4. fol. 71. b.

But if a yeoman be indicted: and A.B. Gentleman being the same man bee produced it is good, Kelway 58. b.

Gentlewomen have the same additions. vide Dyer, 88.

IF one be a Gentleman by office, and looseth his of∣fice, then he doth also lose his gentility, 28. H. 6.2. Estopel 47.

By the Statute of 5. Eliz. cap 4. intituled an act touching divers orders for Artificers; Labourers, Ser∣vants of husbandry, and apprentices; amongst other things, It is enacted, that a Gentleman borne, &c. shall not be compelled to serve in husbandry.

If any Faulcon be lost, and is found, it shall be brought to the Sheriffe, who must make Proclamation, and if the owner come not within foure moneths, then if the Finder bee a simple man, the Sheriffe may

keepe the Hawke, making agreement with him that tooke it, but if hee be a Gentleman, and of estate to have, and keepe a Faulcon, then the Sheriffe ought to deliver unto him the Faulcon, taking of him reasona∣ble costs, for the time that hee had him in custody, An. 34. E. 3. cap. 22. and anno 37. E. 3. cap. 19.

A Commission is made to keepe chrildren into Cathedrall Churches, where children be instructed to sing for the furnishing of the Kings Chappell: These generall words by construction of Law have a reasonable intendment, viz. That such children who be brought up and taught to sing, to seeke and sustaine their living by it; Those may bee taken for the Kings service, and it shall be a good preferment unto them to serve the King in his Chappell; but the sonnes of Gentlemen, or any other that are taught to sing for their ornament, delight or recreation, and not thereby to seeke their living, may not bee taken against their will, or the consent of their Parents and friends, and so it was resolved by the two chiefe Iustices, and all the Court of Star-chamber, anno 43. Eliz. in the case of one Evans, who had by colour of such Letters Pa∣tents taken the sonne of one Clifton a Gentleman of quality in Norfolke, who was taught to sing for his re∣creation, which Evans was for the same offence grie∣vously punished, Cook, 8. Reports, fol. 46.

And to the end, it may withall appeare what de∣grees of Nobility and Gentry there were in this Realme, before the comming in of the Normans, and by what merits men might ascend, and bee promoted to the same; I will shew you the copie of an English or Saxon antiquity, which you may reade in Lamberts

Perambulation of Kent, fol. 3 64. and Englished thus, viz.

It was sometimes in the English Lawes, that the people and lawes were in reputation, then were the wisest of the people, worship-worthy in his degree, Earle and Chorle, Theyne, and under Theyne: and if a Chorle so thrived, that had fully five hides of land of his owne, a Church, and a Kitchin, a Bel-house, and a Gate, a seat, a severall office in the Kings Hall; then was hee from thenceforth the Theines right worthy, and if a Theyne so thrived, that hee served the King on his message, on his journey-ward in his houshold, if he then had a Theyne, which him followed, who to the Kings experience had five hides, and in the Kings Pallace his Lord had served, and thrice with his er∣rand had gone to the King, hee might afterwards with his foreoath, his Lords part play at need; and if a Theyne that hee became an Earle, then was hee from henceforth the Theynes right worthy; and if a Scholler so thrived through learning, that he had degree, and served Christ, he was thenceforth of dignity and peace: so much worthy as thereunto belonged; unlesse hee forfeited, so that he, the use of his degree ne might, Mils 73. Nobility, Politicall, and Civill.

It is observeable, that the Saxons out of all these trades of life, which be conversant in gaine admitted to the state of Gentry, such onely as increased by honest husbandry, or plentifull merchandize; of the first of which Cicero affirmeth, that there is nothing mee∣ter for a Free borne man; and of the other that is prayse-worthy also, if at the length being satisfied with gaine, as it hath often come from the sea to the

haven, so it changeth from the havens into lands and possessions; and therefore, whereas Gervasius Tilbu∣riensis in his observations of the Exchequer, accoun∣ting it an abasing for a Gentleman to occupy Publi∣cum mercimonium, common buying and selling, it ought to bee referred to the other two parts of merchandize, that is, to negotiation which is retay∣ling or keeping of an open shop, and to invention which is exercise mercery, or some call it to play the Chapman, and not to navigation, which (as you see) is the onely laudable part of all buying and selling.

And againe, whereas by the Statute of Magna charta, cap 6. and Merton cap. 7. It was a discourage∣ment for a ward in Chivalry, which in old time, was as much as to say, a Gentleman to bee married to the Daughter of a Burgesse, I thinke it ought to bee restrained to such onely as professed handy crafts, or those baser arts of buying and selling, to get their living by. But this matter I leave to the He∣raulds.

And in this place, it may bee remembred, that King Hen. 8. thought it no disparegement unto him, when hee tooke Anne, Daughter of Thomas Bullen, sometimes Major of London to his wife.

The Statute of Westminster, 2. cap. I. which was made, Anno 13. E. 1. was procured, especially, and purposely at the desire of Gentlemen for the preser∣vation of their lands and hereditaments, together with their surnames and faculties, and therefore, one called this Statute, Gentiliteum municipale, and the Lawyers call it, Ius taliatum & taliabile.

The children onely of Gentlemen were wont

to bee admitted into the Innes of Court, and there∣by it came to passe, that there was scant any man found within the Realme skilfull and cunning in the Lawes except hee were a Gentleman borne, and came of a good house; For they, more then any kind of men, have a speciall care to their Nobility, and to the pre∣servation of their honour and same; for in those Innes of Court are vertue studied, and vices exiled; for that for the endowment of vertue, and abandoning of vice, Knights and Barons with other States, and No∣blemen of the Realme, place their Children in these Innes, though they desire not to have them learned in the Lawes, nor to live by the practice thereof, but onely upon their Fathers allowance, vide Fortescue de laudibus Anglorum, cap. 49.

But the Statute of An. 3. Iac. cap. 4. amongst o∣ther things it is enacted, that if any Gentleman or Per∣son of high degree, shall hereafter goe or passe volun∣tarily out of this Realme to ferve any forraine Prince, State, or Potentate, before that hee or they shall become bounden with two sureties, as shall bee allowed of the Officers, by that act limited to take the said bond unto the King his Heires and Succes∣sours in the summe of twenty pounds of currant English money at the least, with condition to the ef∣fect following; hee shall bee a felon, (viz.) That if the within Bounden, &c. shall not at any time then after bee reconciled to the Pope, or Sea of Rome, not shall enter into, or consent unto any practise, plot, or conspiracy whatsoever against the Kings Majesty, his Heires, and Successours, or any of his, or their estate or estates, Realmes and Dominions, but shall with∣in

convenient time after knowledge thereof had, re∣vealed and disclosed to the Kings Majesty, his Heires and Successours, or some of the Lords of his, or their Privy Counsell, all such practises, plots, and conspi∣racies, and that then the said obligation to bee void, &c.

Of Yeomen.

THe Yeomanry or Common people, for they bee called of the Saxon word Zemen, which doth signifie Common, who have some lands of their owne to live upon; for a carve of land, or Plow land, was in antient times of the yearely value of five No∣bles, and this was the living of a sober man, or Yeo∣man; Cookes 9. part fol. 124. b. But in our Lawes, they are called Legales homines; a word very familiar in writs and inquests, and by divers Statutes, it hath beene enacted, that none should passe in any inquest, unlesse they had fourty shillings freehold in yearely revenues, which maketh, if the most value were ta∣ken to the proportion of moneyes above six pounds of our currant money at this present; Sir Thomas Smith fol. 30. and by the Statute of 27. Eliz. cap. 6. Iurours must have 4. l. in lands.

In the end of the Statute, 23. H. 6. cap. 15. concer∣ning the election of Knights for the Parliament, it is expressely provided, that no man shall bee such Knight, which standeth in the degree of a Yeo∣man.

It appeareth in Lamberts perambulation of Kent, that this Saxon word Telphinorman was given to the Theine or Gentleman, because his life was valued at twelve hundred shillings, and in those dayes, the lives of all sorts of men, were rated at certaine summes of money, Telphinorman, to the Chorle or Yeoman, because the price of his head was taxed at two hun∣dred shillings; which thing (if it were expressely set forth in sundry old Lawes yet extant,) might well enough bee found in the Etimologie of the words themselves, the one called a Twelve hund, as if it were a twelfe hundred.

And in this estate, they please themselves, and joy exceedingly, insomuch as a man may find sundry Yeomen, although otherwise comparable for wealth with many of the Gentle sort that will not yet for that, change their condition, nor desire to bee appa∣relled with the title of Gentry. Lamberts estate of Kent, names the Yeomanry of Kent, when a Yeoman of 10000. l. yearely revenues, and refused any other superiour title, but these are now no more heard of, &c.

By the Common Law as may appeare in An. 1. E. 2. De militibus, & in An. 7. H. 6.15. men that had lands of the yearely value of 28. l. were compel∣lable at the Kings pleasure to take upon them the or∣der of Knight-hood; and upon summons, there came a Yeoman who might dispend 100. markes per an∣num, and the Court was in doubt, how they might put him of; and at last, hee was wayved in, because hee did come the second day, An. 7. H. 6. fol. 15. a.

By this sort of men, the triall of causes in the Coun∣trey

proceedeth ordinarily; for of them, there are greater number in England, then in any other place, and they also of a more plentifull lively hood, and therefore it cometh that men of this Countrey are more apt and fit to discerne in doubtfull causes of great examinations and trialls, then are men wholly given to moyling in the ground, to whom the rurall exercise engendreth rudenesse of wit and mind, and many Franklins and Yeomen there are, so neere ad∣joyning as you may make a Iury with little difficulty; For there bee many of them, which bee able to spend 100. l. a yeare, vide Fortescue de landibus Anglo∣rum, &c.

As in ancient time, the Senatours of Rome, never elected a Censor; and as with us in conserving of Nobility, respect is had unto the Revenues, by which their dignity and Nobility may bee supported and maintained, Cookes 7. part 33. b. so the wisedome of this Realme hath of ancient provided, that none shall passe upon Iuries for the trials of any matters reall or personall, or upon any criminall cause, but such as be∣sides their moveables have lands of estate for life, at the least to a competent value, least for need and po∣verty, such Iurours might easily bee corrupted 〈◊〉〈◊〉 suborned, Fortescue 56. b.

And in all cases and causes, the L••w 〈…〉〈…〉 ••••••¦ved a better opinion of those, that have 〈…〉〈…〉 ••••∣nements, or otherwise are of worth in trovea•••• goods, presuming that such will commit, or omit nothing, that any way may bee prejudiciall to their estimations, or which may endanger their estates, then hath Labourers, Artificers, Retaylers, or such

like, of whom Tully saith, Nihil proficiunt in so ad••••∣•••••• ••••••iuntur; and by divers Statutes, certaine immunities are given to men of quality, which are deemed to the vulgar sort of people, read hereof a∣mongst other in An. 1. Iac. cap. 127.

By the Statute of 2. H. 4. cap. 21. amongst other things, it is enacted that no Yeoman should take, or weare any livery of any Lord upon paine of imprisonment, and to make fine and ransome at the Kings will.

FINIS.