The constitution of parliaments in England deduced from the time of King Edward the Second, illustrated by King Charles the Second in his Parliament summon'd the 18 of February 1660/1, and dissolved the 24 of January 1678/9 : with an appendix of its sessions / observed by Sr. John Pettus ... Knight.

SECT. XII. Of the Earle Marshal of England.

THis great Officer hath not so great a Latitude of power as the Con∣stable of England had, yet he hath un∣der his Jurisdiction the Care of the Com∣mon Peace of the Land, in deeds of Ams and matters of War, (when it happens in Forraign or Domestick parts) in most of which he is guided by the Civil Laws, and yet not to do any thing repugnant to the Common Laws. In times of War he is more absolute, in times of Peace less: this mane of Marshal ('tis very probable) had its Original from Mars the Romans God of War, and was the same which they call'd Comes Militum.

2. However with us this Great Offi∣cer had and hath several Courts under his Jurisdiction, viz. the Court of Chevalry (now almost forgotten) and the Court of

Honor (now quiet layd aside) but the Sedes Mariscalli or Court of Marshalsee is still in being (where he may sit in Judgment a∣gainst Criminals offending within the verge of the Kings Court) and the chief Officer under him is call'd the Knight Marshal.

3. As also the Herauld Office or Col∣ledge, where when doubts arise, con∣cerning Descents, Pedegrees, Escuchteons, &c. he determins them; this was Incor∣porated by Ric. the 3d. and many prive∣ledges added by Philip, and Mary, 4. and 5.

4. Heraulds amongst the old Romans were a certain Order of Priests, (call'd Faeciales) and so term'd because Bello pa∣ce{que} faciendo apud eos jus erat pronuntiare, &c. they were also call'd Caduceatores, (from a little wand, which they carried) whereon was fixt two wings to represent Mercury, (the nimble Messenger of War) & quod Contentionem & Bella Cadere facerent.)

5. This Office or Colledge consists of 3 Regulators of Arms, Ceremonies, Pede∣grees, and Descents of Nobility and Gent∣ry; the first is call'd Garter Rex Armorum Principalis, chief King at Arms, and is al∣so an Officer to the Soveraign, and Knights Companions of the most noble order of the Garter: the 2d. call'd Clarentius also King of Arms, but his Jurisdiction is only on the Southside of Trent; The 3d. call'd Norray,

also King of Arms for the Northside of Trent; these two being confin'd, but Gar∣ter not consin'd.

6. Besides these, there are 6 more proper∣ly call'd Heraulds, quasi Honorem tenentes, Haeredes Aulae dicentes, such as are able to give an account to the Court, of Heyres to Families, and these have distinct Titles distinguishing their Imployments, viz. 1. York, 2. Lancaster, 3. Somerset, 4. Rich∣mond, 5. Chester, 6. Windlesour.

7. And there are also 4 Under Graduats call'd Pursevants, or such who with readi∣ness do pursue the Commands of their Su∣perior Officers, properly in Marshal Cau∣ses) and therefore call'd Pursevants at Arms, to distinguish them from other Pur∣sevants or Messengers from other Courts, and these 4 have also 4 distinct Titles. viz. Blewmantle, 2. Rougecross, 3. Rouge-Dragon, 4. Portcullis; but of the Earl Marshal, and Heraulds, I shall speak more as they are imployed in Parliamentary Ceremonies.

8. There is no doubt but these Earls Mar∣shals have for many ages sat in Parlia∣ments, viz. the Duke of Norfolk, Marshal of England, was summon'd 15 Ed. 2. But 11 R. 2. the Title of Earl Marshal of England being by Patent granted to Thomas de Mow∣bray, Earl of Nottingham, and entail'd on the Heirs Males of his Body, which failing,

yet the Title of Mowbray descending on Thomas Earl of Arundel, King James did by Pattent make him Earl Marshal for life, and he was Summon'd to Parliament by both Titles, but he dying, Thomas Earl of Arundel and Mowbray Grandson and Heir to the said Thomas had no Writ pro∣vided for him, in Feb. 1660 when this Pawn was made, being then suppos'd to be a Lunatick, and upon that account kept close at Padua in Italy; but soon after by the Solicitation of Henry Howard (next Brother and Heir to the said suppos'd Lu∣natick) the Dukedom of Norfolk was re∣stor'd after a long Attainder, and by Act of Parliament settled on the said Thomas the Grandson, and the said Henry being soon after created Earl of Norwick, did manage the Office of Earl Marshal, and had a Patent for the same from this present King Charles, therein setling this Office upon him and the Heirs Males of his Body, with a large Intaile for want of such Issue to the next Heir Male of that Noble Family. So Henry was Summond about the middle of this Parliament as Earl of Norwich, with the Title also of Earl Marshal, and Duke Thomas, dying at Padua about the end of this Parliament, Henry the Brother suc∣ceeded in the Dukedom, and sat as Duke of Norfolk, and Henry the Eldest Son of the

said Duke Henry, being then intituled Earl of Arundel, did sit as Earl of Arundel and Lord Mowbray, so as that Title of Earl Marshal is in Duke Henry, and the Title of Mowbray in the Earl of Arundel, and that Title of Earl Marshal only inpossibili∣ty to come again into Mowbray. And this may be added, that during Duke Thomas his Life James Earl of Suffolk by Deputation did execute that Office for reasons which I leave to other Writers.