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.

CHAP. V.

SECT. I. Of the Degrees of Nobles.

[Obs.] I Have given a short Character of the Grand Officers and Ministers of State, and now according to the Act of Prece∣dency, I shall speak of the fixt Nobility, as they are consider'd in Distinct Degrees; and these are not mention'd distinctly in the Kings Warrant for Summoning a Par∣liament, but referr'd therein to the Lord Chancellor to distinguish them by their Writs.

1. As for the Nobility in general, most Authors derive the word Nobiles or Nobles in the Plural, from Noscibiles, viz. Viri Nobi∣les or Persons indu'd with great knowledge than other men, and so conceive it may ad∣mit of another Etymology, viz. Nobilis, quasi Non-bilis, i. e. men of such debonair and complacent tempers, and so much Masters of their passions, that they are not (in respect of their better Education) subject to choler, wrath, or fierceness, (for so the word Bilis is Englisht) but of even and serene tempers, which dispositions are

fittest for Affairs relating to Government: but to pass these niceties, the Question is amongst some.

2. How far the Degrees of No∣bility do extend? which is partly re∣solv'd by Sir Tho. Smith in his Republica, who saith there be two sorts of Nobles, viz. Majores and Minores, (and this was according to the Old Romans,) the Majo∣res he calls the fixt Hereditary Nobles di∣versifide into 6 Degrees, viz. Princes of the Bloud, (of whom I have spoken in Cap. the 4th.) Dukes, Marquesses, Earls, Viscounts and Barons, (not of the Bloud) and descend no lower, and these are ca∣pacitated by such Creations and Writs to sit in the Lords House. The Minores he begins at Knights, (for he wrote before Baronets were known) Esquires, and Gentlemen, and descended no lower; and out of these, the Knights, Citizens, and Burgesses for Parliaments are Elected and Compos'd, and thereby capacitated to sit therein, as the Representatives of the Commons of England: but of these Nobiles Minores I shall speak more in the second part of this Treatise; but of the Majores now in their Order, which consist of 5 Degrees, besides those of the Stem Royal, (of which I have spoke) and first of Dukes.

SECT. II. Of Dukes.

BEfore I proceed to the Writs of Sum∣mons to the Individuals of these De∣grees,* 1.1 I shall give a brief description of the nature of them; and first as for the word Duke, it is the same with Dux in Latin, (from Duco to lead) for they were antiently Leaders of Armies, and thereby gain'd that Title, (as might be shewn from Histories) and were it not for hindering my other intentions, I might recite most of the Learned Seldens Authorities, (which he hath rendred from other Authors con∣cerning Dukes) but in short he tels us that Comes i. e. a Count or Earl was esteemed of an higher quality than Duke, and that Earl was chief in Matters Civil, and Duke in Matters Military; but in process of time the Sword got the upper hand, and prioritie of Earl; and further saith that both Dukes and Earls from Substitutes to their Princes, (in certain dependent Terri∣tories) became afterwards Soveraigns, (as the great Duke of Tuscany, &c. and the Earl of Flanders, &c. (still owning the Titles of Dukes or Earls, though they

had gain'd an intire and independent So∣veraignty.)

2. The diversity of Names attributed to Dukes, both in sacred, prophane, and modern stories, were according to the humour of the region where they sway'd; for in some Nations he was call'd Princeps, Magnus, Illustrissimus, Robustus, Mille∣narius, (that is a Duke, or Leader of a Thousand Men) in other Countries, Grave, Waiward, and Despot, and still the words Duke and Earl, promiscuously us'd to one and the same Person: but whatever they were or are in foreign parts, Dukes are now in England accounted the chief and most honourable Subjects, and first Degree of Nobility (except Princes or Dukes of the Blood-Royal) and, as a distinction from the rest, is call'd Grace) given to no other Spiritual Lord, but the Arch-Bi∣shops of Canterbury and York, and to no other Temporal Lord, (except to the Lord High Steward, pro hac vice, upon tryal of Peers) for the Princes and Dukes of the Blood, are intituled Highness, and all the other Temporal Lords, Right Honourable, but any of those being Admiral or General, Excellence.

3. The Title of Duke was very probably us'd here in England before Edward the Third's time; for History tells us of Ascle∣piodolus,

Duke of Cornwal, in Anno Christi, 232. (which was in the time of our old Britains) and well might he be call'd Duke, for disgarrisoning of all the Roman Holds,* 1.2 and for his quick Marches to London, and killing the Governour there∣of, and for many other Heroick Actions, in freeing his Country from their Servi∣tude. However, there were many Dukes Created in Germany about that time. But our History tells us, That none was Crea∣ted a Duke in England,* 1.3 till 11 Edw. 3. An. Christi, 1344. when the King in Parlia∣ment Created his eldest Son, Edward, (be∣ing first made Earl of Chester) then Duke of Cornwal, and from thence that County was erected to a Dutchy or Dukedom, and many more Dukes, both in that King's time, and almost in every Kings Reign since that time, have been Created to that Title.

4. The Dukes of England are of two sorts, first, those of the Blood Royal, i. e. such as have a possibility to inherit the Crown upon a legal succession. 2dly, Those not of the Blood Royal, i. e. such as are not related to the Succession of the Crown, or at least so remote, that it is not visible to meer probability; and these two sorts have sat in former and in this Parliament, as will be shewn.

5. As they are distinguish'd in their Titles, so they are also in their Coronets, Robes, and Habits, &c. with which they are in∣vested before they enter the House of Lords, (which will be in the third Part of this Treatise represented in Figures.)

6. Here I must not pass over one obser∣vable, That to this Parliament of 13 Car. 2. there were three Dukes summon'd by Writ, viz. George, Duke of Bucking∣ham, Charles, Duke of Richmond, and George, Duke of Albemarle; the Duke of Buckingham was then Master of the Horse, the Duke of Richmond of the Blood Royal, by the Scotish Line, yet neither of those two appendant Titles were mention'd in their Writs; but George, Duke of Albe∣marle, in his Writ is intituled, Generalis ex∣ercituum suorum, and is plac'd the third in that Record, and the reason may be, be∣cause there was no provision for that great Office in the Act of Precedency, whereby to preceed all of the same degree (as other degrees do) (being a Title not mention'd in the Act, though on some occasions he preceeds by vertue of his Office the other grand Officers) and so being not in the Act he is named in this Pawn the last of the three Dukes, without respect to his Office of Generalship. Nor do I find in any Clause Roll, or Pawn, the Title of Ge∣neral

annext in any Parliament Writ to any one of the Degrees (except this) though History does plentifully furnish us with several persons of those several Degrees who were Generals when Parliaments were summon'd; and yet, as I said, there is no provision in this Act, for the Place or Pre∣cedency of this great Officer, as there is for the Marshal, Admiral, &c. although his great merits might well have deserv'd an additional Clause to that Act for his precedency.

7. Three Dukes were summon'd 18 Feb. 1661. as in the Pawn, vide cap. 2. The next Degree to Dukes are Marquesses.

SECT. III. Of Marquesses.

THe third Degree of the Hereditary and fixt Nobility, is intituled, Mar∣quio,* 1.4 (and Marquess in English) which be∣gan in Germany, Anno Christi, 925. when Henry, (Emperour of Germany) and the first of that Name in that Empire) Crea∣ted Sigefred (then Earl of Kinglesheim) Marquess of Brandenburgh; who after, in the Year 1525. having the addition of Duke of Prussia, did exchange the Title

of Marquess, to be call'd Duke of Bran∣denburgh: However, he was the first Mar∣quess of that Empire, and probably the Emperour did fix this Title between the Dukes and Earls, that there might be no more disputes concerning them; for the two Titles of Duke and Earl were promis∣cuously us'd till this Title of Marquess was interpos'd; and the same reason might also occasion Philip the Fair, King of France, 425 years after, viz. Anno Christi, 1350. to insert into John, Duke of Bri∣tain's Patent: Ʋt ne posset (saith the Pa∣tent) in dubium revocari Ducem ipsum (qui Comes fuit aliquando, &c.) ut Ducem in po∣sterum deberet vocari, &c. and the reason is therein given,* 1.5 Quod Comitatus ejus potius debet duci & esse Ducatus, quam Comita∣tus, quoniam sub se habet decem & ultra Comitatus, and 56 years after, viz. Anno Christi, 1386. This might occasion also our Richard the Second, to make Robert d'Vere the first Marquess of England by Creation, and hereby the dispute between the two Titles of Duke and Earl, or Comes, was setled both in the Empire, in France, and in England, by the interpos'd Title of Marquess.

2. From whence this Title is derived, there are several conjectures, but most agree, That it comes from Marken, or Mark, or

March, (High Dutch words) signifying with them as with us, a Mark or Limit, and from thence he that was deputed Go∣vernour of that Limit or Mark which he was to take care of, and preserve, was call'd a Marches, or Marquess, and the Territo∣ry under his Jurisdiction, a Marquisate, and to this day the Marquisate of Branden∣burgh is divided into three Marks, or Marches, viz. Alte-Mark, or old March,* 1.6 the middle Mark, and the new Mark, or March: and we in England do still call such kind of Limits by the name of Marks, or Marches, viz. the Marches of Wales, and the Marches of Scotland, which were Fron∣tiers to be defended against the Scots and Welch; and some would derive Marquess from Mare, the Sea, because their Marken or Limits were juxta Mare posita, and the learned Selden (in his Titles of Honour) likes it well enough, that Marquess should be derived from Marken, but not Marken from Mare.

3. But I must not ravil into Disputes of this Nature, and therefore shall re∣fer them to his Book, and my Annota∣tions, and conclude this Section with this, That as most Sir-Names are deriv'd from some significant word or words, so these noble Titles (without derogation to their other Titles) are from some signal

Action, as a Duke from leading an Army; a Marquess from Maris acquisitio, (a gain∣ing something from the Sea, or preserving something against the Sea) and so of the other Titles (as will be shewn) and there∣upon had condignal Honours conferr'd on them, to testifie their Imployments, which are since (as Memorials of their Merits (therein become hereditary.

4. Four Marquesses were summon'd, 18 Feb. 1661. as in the Pawn, vide Cap. 2.

SECT. IV. Of Earls.

THe learned Selden tells us,* 1.7 (as I have shewn) That the Titles of Dukes, and Counts, or Earls, were promiscuously us'd as well in foreign parts as in England, till the Title of Marquess was interpos'd; and it is agreed, that Comes is the Latin word for Count, (in whatever Territory that word is us'd) and that Count is de∣riv'd from Commitatus, or County; and Co∣mitatus from Committo, denoting the par∣ticular County committed to his Care) and vice versa, Committo begets Comitatus, or County, and Comitatus, Comes, a Count, i. e. Earl.

Of these Counts the learned Selden reckons but 6 Sorts, viz. the Single Count, (who hath no addition but his Christian name) 2d. Count Palatine (from Palatium or some Palace in it,) 3d. Count of the Empire, 4th. Count of Frontiers, where the Title of Mar∣quess is also us'd instead of Count, 5th. Count of Provinces, (or Counties joyn'd) which in Foraign parts are call'd Landgraves, (the word Grave and Comes signifying the same Title) and 6th. Count of Cities or Towns, and these latter, as in England, are call'd Comites Castrenses or Burgraves, or Counts of Castles or Burroughs, (all which are more fully describ'd in his second Book.) But I find that Cassiodorus in his 6th. Book mentions 22 Sorts more than Mr. Selden, of which 6 of Mr. Seldens, or 28 of Cassiodorus, we in England re∣tain but few, viz. a Count of a County, (as Algernonus, Comes Northumbriae; A Count of a City, (as Albericus or Awbry, Comes Oxoniae (or Oxford,) and Guilel∣mus, Comes Novi Castri or New Castle upon Tine, (being both a Castle and Burrough.)

3. All the curiosity lies in finding out how Comes or Count happens to be trans∣mutted into the word Earl, so much dif∣ferent in Pronuntiation and Orthography from each other, and yet, as we say, are the same in Substance.

4. Now it being no hard matter to be∣lieve (as I have shewn) that Duke is deriv'd from Duco, and Marquess from Mare, but Earl from Comes or Count, is not so intelligible; but this may be said, that the Saxons from whom we borrow this word Earl, did use it as a word of Honour, and in the same sence with Co∣mes, for they did call their chiefest Governors of Shires, (of which many of our Counties still retain that name, as will be shewn) and of Cities and Bur∣roughs, by the name of Earldermen, and for a more easie pronounciation Ealder∣man, and after Alderman, and for brevity Earl, and the Danes after them Earlan; and commonly the Earlan or Earl had a Shire or more for his Earldom, and the number of Earls increasing, some had part of a Shire, others some chief Town, of which he was made Earl or Earlder∣manus; and whatever other Etymologers say, (of which I can speak more freely in my Annotations) I conceive the Do∣minion of those Earls were allotted near some spreading Rivers, (in Fenny-Coun∣tries) which are to this day call'd Eas, and those Inland Isles (which we now write Island,* 1.8 and some corruptly calls Eyes) were anciently writ Ealands, as Rumen-ea, (now Rumney-Marshes in Kent) and Ely

an Island in Cambridgeshire is anciently writ Ealand, and so Worrel Island, (near Chester) sometimes call'd Ealand, and some∣times Island, and I could reckon up what I have seen in Cambridgeshire, and Lin∣colnshire, at least 40 antient Cuts and Sewers of Water, which still are call'd and writ by the name of Ea, viz. Boston Ea in Lincolnshire, Popham Ea in North∣hamptonshire, (signifying great Waters in those places) and many more might be instanced to prove that as Marquess may safely be deriv'd from Mare, (as denoting one that had the guard of the inundations from Saltwaters) so Earl may as safely be deriv'd from Ea, (or one that had the guard and care against the Inland innunda∣tions of fresh waters) and some observe that this word Ea is still retain'd in most of those Counties which are intituled Shires, or bordering on those Shires (Shire being (a Saxon word) as will be shewn) but in other Counties which are not call'd Shires, the word Ea is scarce known, so as Comes or Count was us'd in such places as were call'd Counties, and Earl in such as were call'd Shires.

5. This Tutelage of grounds gain'd or preserv'd from waters, was so great an honour, that Caius Marius, (who was made seven times Consul or Comes, (for

as Selden saith, Comites dici possunt Con∣sules a Consulendo) which was render'd Earl, did by a Cut or Drain so secure the Inundation of Salt waters often overflow∣ing a large Fenny County near Arles in France, that in memory of so benificial a Work, it was called Fossa Mariana, (or the Consul Marius his Drain) and in Pom∣peys time the securing of the inundations of Freshes about 40 Miles from Rome was esteem'd to be so good Service, that one of the two Consuls were usually appointed to attend the Gallick Enemy, the other had the care of the Ea or Watry Enemy; and it is no small honour now to the Earl of Bedford to be Governour of 365000 Acres of Fenny Grounds, intituled by his name of Bedford Level subject to inundations, but by his vigilance preservs it.

6. And when this Title of Earl was first given in England, (as tis said) by Wil∣liam the first, to Hugo de Aurank or de Ib∣rinks, making him Earl of Chester, it was doubtless from some eminent Service done in preserving the Banks or Brinks of that County against the inundations of the River Dee upon the South-side of Worrcl Ealand aforesaid, reaching from the Town of Chester to the Hebrea, for shortness call'd Heber, and so round that Hundred, (besides the Banks in other parts of that County.)

Some do question whether this d'Aurank or d'Ibrink was the first Earl, but tis likely he was so Titularly, and other the like Earls before him: but that which is agreed on is, that Albericus or Aubry d'Vere, was the first that was by Charter (or Patent) created Earl by Henry the 2d. who had the additional Title of Earl of Oxford or Oxenford in Oxfordshire, and continues in that Family to this day; but I cannot pass the word Ford, which doth imply a passable Ea or Water, which was necessarily to be preserved from the over∣flowing of at least 7 several Rivers in that little County, for the more safe pas∣sage of Men and Oxen.

7. To conclude, Ihope I may be allow'd so much of the Art of Tachygraphy or short writing, as may render my applica∣tion of this word more plausible, by writ∣ing Earl for Ea Regalia, so as whether Ea be consider'd as a Saxon word, or the plural of the pronoun Ea, it confirms my notion, and may serve as well to explain the word Earl, as SPQR the Senate and People of Rome, or DNS to signifie a Ba∣ron of the Realm or Chr. Chevaleer.

8. I have said sufficiently of the word; now as to the antiquity of it in England, it is Authentick from History and Record, that the word Earl and Honour of it, was

in use in the Saxons, and Danes time, and continued with the Normans, and Earls had the like extensive power in Shires and Counties as they have had since their formal creation by Charter, which it seems was a mode and form not us'd till this to the Earl of Oxford, since which there hath been some variations in the Form, but especially in the time of Hen∣ry the eighth and King James, as will be seen when I come to recite so much of their Charters of Creation as relate to their interests in Parliament.

9. The learned Selden divides this Title into two sorts, a Local and a Personal Earl; by Local he means such Counties, Cities, Castles, Towns, or Burroughs, as are fix'd to the Title of Earl, (or Comes) as Earl of Oxford, Earl of Kent, &c. (being not County Palatines) or of such as are County Palatines, whereof there are five, viz. Cheshire, Lancashire, (which are in the Crown) Pembrokeshire (in the present Earl of Pembroke) Durham and Ely, (which two are County Palatines, belonging to the Bishops of those Coun∣ties, never granted to any Temporal Earls) so as the Bishops of Ely and Durham do sit in Parliament Virtute Tenurae, and not Virtute Comitatus Palatinae.

As for Personal Earls, there are but three remaining at this day, viz. the Earl or Lord Great Chamberlain, granted to Ber∣ty, Earl of Lindsey, with a large intale to that Family, 2ly. the Title of Earl Mar∣shal granted to Hen. Howard Earl of Nor∣wich, and after Duke of Norfolk, with a large intale as I have shewn, 3ly. granted by Patent to Savage Earl Rivers being made a Baron in 5 Edw. 6. and also Vis∣count of Colchester in 19 Jacobi, and in the 2d. of Charles the first was made Viscount Savage of Rock Savage in Cheshire, where∣by he is a double Viscount, and Earl Rivers, which is the Name of an illustrious Fami∣ly, and not of a Place, but all the other Earls are intituled from some noted Place.

10. Forty nine Earls Summon'd the 18th. February, 1661. and six more Sum∣mon'd the 29th. of Aprill, 1661. See the Pawn. Cap. 2.

The next I am to treat of is the Vice∣comes, Vice Earl, or Viscount.

SECT. V. Of a Viscount.

[Obs. I] WHat hath been said of a Duke or a Count, whilst their Titles were interchangeably us'd, may be also appli'd to a Viscount; for when Dukes and Counts increas'd in their number, there was a kind of necessity to take in others to their assistance, who afterwards by merit and the favour of their Prince, arrived to an Interest of their own, and therefore the word Vicecomes, or Viscount, may proper∣ly here intend a Companion, (for the word Comes doth as well signifie a Com∣panion or Associate, as a Count or Earl) and the addition of Vice (which signifies instead, or by course or turns (of which word Turn I shall speak more) did inti∣mate, thar when the Turn of this Comes came to Govern, he was for that time cal∣led Vicecomes, all other times Comes only, or, as I conceive, as the one was call'd Co∣mes, because he commanded a County, the other was called Vicecomes, from the Latin word Vicus, because he commanded a Vil∣lage, Street, or Structure, or some lesser Command than that of a County.

2. The dignal Title of Vicecomes is also ancienter in foreign parts, than in England, and is the same with Ʋidame, or Vicedo∣minus (which are properly the foreign Titles of a Substitute to a Bishop) but as we take the Title in an officiall sence, it signifies the King's Deputy or Sheriff in every County, and so is as ancient as the Saxons, who made Comes to signifie Earl, and Vicecomes, or Viscount, to signifie the Office of Shereeve, or Sheriff, for we had the words Earl and Sheriff from the Saxons, and the Count and Viscount from the Ro∣mans, Comes and Vicecomes: and probably for the same reason, that Marquess was in∣terpos'd to Duke and Earl in Richard the Second's time, so it was thought fit in Henry the Sixth's time (though some say in Hen∣ry the Fifth's time) to interpose the Title of Viscount to Comes, or Earl, and the Noble Baron, there having been the like promis∣cuous use of the Titles of Comes, or Earl, and Baron, as had been of Duke and Comes, and thereupon I conceive John d'Beau∣mont was Created the first Viscount of this interposing Dignity, it being, as Mr. Camb∣den saith, an old Name of Office, but a new Name of Dignity, or a Vicecomes, or Sheriff, turn'd from an annual Office into a Dignity hereditary.

3. Yet this Office of Vicecomes, or She∣reeve, or Sheriff, was, and still is an Of∣fice of dignity; only the difference is, that the Vicecomes dignified, (as I said by Hen. the 6th. is a Parliamentary and No∣bilitated Dignity and Place, (both in their Patent of Creation, and in the Act of Pre∣cedency) fixt between Earl and Baron, &c. made Hereditary, but the other Viscount∣ship or Sherifdom is Official and Annual and not Hereditary, and hath no place in the Lords House; and particularly ex∣cepted to be chosen into the House of Com∣mons, by the Writs of Elections, (as will be shewn) and the reason is, because the Official Viscountship is in the King, who gives only an annual Deputation to the Person who executes that Office in such County, of which he is made Vicecomes or Deputy to the King, and so is not the Noble Viscount, (who cannot be made Sheriff or return'd of a Jury) but hath his constant Writ of Summons to every Parliament, (as will be shewn;)

4. Seven Viscounts Summon'd by Writ 18. Feb. 1661. and One Viscount Sum∣mon'd by Writ 20th. Ap. 1661.

And now I come to the Barons, the last Degree of the Nobility, but anciently the First or Second.

SECT. VI. Of Barons.

I Shall refer the Etymology of this word Baron to my Annotations, (because the learned Cambden, Selden, and others have taken pains about it) but for many ages, as at present, it comprehends all such Prelates and Bishops as are Summon'd by vertue of their Baronies or Tenures to sit in the House of Lords.

As also all such Dukes, Marquesses, Earls and Viscounts, as did anciently mount to any of those 4 Degrees, by the proporti∣on of their Baronies, which they obtain'd by gift from the King, or other acquisitions, so differing from the other 4 in Nominal gradations, rather than Essential. And though there were Nominal differences antiently in the Tenures of Dukes, Mar∣quesses, Earls, Viscounts, and Barons, yet they were all subject to a general Contri∣bution to the Kings affairs, according to their certain number of Knights Fees; for as Baronies made the other 4 Superior Degrees, so the increment of Knights Fees (whereupon I conceive Sir Thomas Smith made that Degree of Nobiles Mino∣res) did capacitate a Baron to be made

a Baron, and so a certain number of Ba∣ronies to be a Viscount and Earl, and of Earledoms to be a Duke, as may be read in Sir Edward Coke, (and others more an∣cient by him cited) and Mr. Selden (for∣giving the Knight) saith that Istud verbum Baro est caput & scala dignitatum Rega∣lium, i. e. Majoris Nobilitatis.)

2. In former times these proportions were observ'd amongst the Temporal Lords, but not with the Spiritual, for Mr. Selden tells us of a Bishop (pag. 580. Tit. Hon.) that had 220 Baronies, and did sit in Parlia∣ment by vertue of his Baronies, yet was neither Duke nor Earl) so those were the computations of Honour and Contributi∣ons, till the method of Creations were us'd, and at last by the late Act of Parliament all Tenures in Capite were Dissolved, and thereby the Tenurial Contributions, but not the Titles of Honour: yet for a little variety I may inform some, that in former times the Spiritual Barons had some ex∣emptions from Contributions, unless there was (as the learned Selden calls it) Tri∣noda necessitas, viz. of War, of Repairs of Castles, or Bridges, but they were generally exempted from Personal Assistance in War; for though (as he saith) that in the 4th. year of William the First, that King made the Bishops, &c. subject to Knights Ser∣vice

in chief, by creation of their Tenures, and so was the first King that turn'd their possessions by Frankalmoine a French word signifying charitable Gifts, for so began their temporalities) into Baronies, and thereby made them Barons of the King∣dom by Tenure, yet when it was pray'd by them in the 5th. Hen. the 3d. Ʋt omnes Clerici tenentes Baronias, &c. personaliter procederent contra Regis adversarios, &c. it was answer'd by the Bishops (and their Answer allow'd) Quod non debent pugnare cum gladio materiali sed Spirituali, scilicet cum Lachrymis & orationibus humilibus & devotis, & quod propter beneficia sua manu∣tenere debent pacem non bellum, & Quod Baroniae eorum ab Eleemosynis puris stabili∣untur, &c. So as (he conceives that) the Baronies of the Clergy were made of such Lands as formerly were, as I said, held in Franckalmoine.

3. But what ever exemptions the Spiri∣tual Barons had, the Temporal Barons were oblig'd by their Baronial Tenures (of several natures) to all defensive and offenfive duties for the King and King∣doms preservation, according to the pro∣portion of their dependent tenures or ter∣ritories; and so are yet in honour oblig'd to perform, and they all had and have

equal Votes in Parliament by vertue of their Baronial Interest; for as to matters Parliamentary, the Title of Baron is more ancient, copious, and comprehensive, than any of the other Titles of Lords in Par∣liament.

4. This word Baron we see is appili∣cable, not only to the two degrees of Lords Spiritual, viz. Archbishops and Bishops, but to the 5 degrees of Lords Temporal, so as the noble Barons and all the Degrees above them do set in the Lords House, virtute Baroniae, and by Writs of Sum∣mons, the Superior Titles to the Barons differing rather upon some extrinsick order, than any real intrinsick distinction.

5. As for those Titles of Barons which are given to Degrees equal or under the noble Barons, they are of several sorts; 1st. Some noble Barrons by Ancienty ne∣ver Summon'd to a Parliament, yet capable of Summons; 2ly. The Barons of the Exchequer, (which are 4 in number, who are Summon'd by Writ ad consulendum, or to be Assistants in the Lords House, (as will be shewn;) 3ly. Barons of the Cinqueports (out of whose number 16 are usually Elected) to sit in the House of Commons, (as will be shewn;) 4ly. Ba∣rons

of Court-Barons, who are also capa∣ble of being Elected to sit in the House of Commons; 5th. Barons in the Law-French call'd Baron, i. e. and Husband, (and Feme the Wife) but I here only speak of the Nobiles Barones distinct from these Titular Barons, though such of them as sit in the Lords House are in some sort thereby Nobilitated, of whom I shall speak more when I come to the Assistants; and such as sit in the Commons House are thereby Dignified though not Nobilitated, (of whom I shall speak when I come to the House of Commons.)

6. Now it may here be observed, that some Persons of merit have been Summon'd to sit in the Lords House as Barons, which were not Barons, or any otherwise capaci∣tated to sit there but by Writs of Summons; upon this occasion Sir Edward Coke cites a Case where one Summond by Writ to sit in the Lords House, died before he sat there, and it was adjudged that if he had sat there, he had been Nobilitated thereby, but having not sat there, where∣by that writ was not executed for want of his Personal attendance, it was adjudg'd that the direction or delivery of the Writ barely to the Person to whom the Writ was directed, (without Personal appear∣ance and investiture of Robes and a pos∣session

of place) was not sufficient to en∣oble him, without a conjunction of those Circumstances and Ceremonies.

7. But Barons created by Letters Patents, (and made to them and their Heirs) are thereby Nobilitated, and to be esteem'd Nobles though they do not Sit, in respect of the power given them by Patent to Sit without restrictions or ceremonial quali∣fications; and therefore Sir Edward Coke saith, that though the Creation by Writ be ancienter than by Patent, yet the Crea∣tion by Patent is the surer way, for that one may be sufficiently Created by Pa∣tent and made Noble, though he never sit in Parliament, and he gives this rea∣son; That if issue be joyn'd whether one be a Baron or not, that point shall not be tried by a Jury of 12 men, but by the Records of the Parliament, and if he did not sit there, there can be no Record, but a Patent is a Record.

8. So there were 62 Barons Summon'd by Writs of the 18. of Feb. 1661. and 6 more by Writs of the 29. of Ap. 1661. whereby the number of Temporal Lords Summon'd to this Parliament began the 8th. of May 1661. were—140. viz.

• 1. Two Dukes of the Bloud.
• 2. Three Dukes not of the Bloud.

• 3. Four Marquesses.
• 4. Fifty five Earls.
• 5. Eight Viscounts.
• 6. Sixty eight Barons.

In all of the 6 Degrees 140. as in the Pawn Cap. 2. which we may compare with former times, viz.

Regno.		Anno.	The highest Number Summon'd in these Years.	Num. Maj.	The lowest Number Summon'd in these Years.	Anno.	Num. Mi.
Edwar.	3.	25o	62	4o	18
Richar.	2.	8o	63	18o	36
Henry	4.	1o	50	11o	39
Henry	5.	2o	44	3o	29
Henry	6.	38o	55	1o	23
Edwar.	4.	7o	47	12o	37
Henry	8.	37o	45	28o	44
Edwar.	6.	6o	59	1o	47
Mariae		2o	56	1o	42
Elizabeth.		30o	60	43o	52
Jacobi		21o	98	1o	84
Caroli	1.	15o	109	1o	97
Caroli	2.	13o	140

I do insert this observation, That the Ingenious Historian may see, whether the greater or lesser number of the Nobility in Parliament hath been most advantageous to its Constitution; and the like may be observed concerning the number of the

House of Commons, (of which I shall speak in the next part.)

By which we may see that the highest Number was in 12. and 13. of Car. 2d. and the Lowest in the 4th. of Edw. the 3d. not troubling the Reader with the Numbers Summon'd to Intervening Parliaments.

Thus having given some short Illustra∣tions of those Titles of Honour which are mentioned in the Parliamentary Writs and the Act of Precedency, for the clearer satisfaction of such as are not verst in matters of that nature; I may now with the more content to them and my self proceed to the particular Writs of Sum∣mons to those noble Degrees which I have regularly mention'd, according to their prescrib'd Order, both from the method of the Writs in the Pawns and Act; and these Writs of which I am particularly to speak (others falling in collaterally) are;

• Sect. 1. The form of the Writs to any of the Bloud Royal.
• 2. The form of the Writs to Archbi∣shops and Bishops.
• 3. The form of Writs to the Lord Chan∣cellor or Lord Keeper.
• 4. The form of Writs to Dukes not of the Bloud, Marquesses, Earls, Viscounts, and Barons, wherein the Grand Official Titles beforementioned are inserted.

Notes

• * 1.1

  Obs. I.
• * 1.2

  Prideaux Introduct. to Hist.
• * 1.3

  Selden. Speed's Acts.
• * 1.4

  Obs. I.
• * 1.5

  Selden.
• * 1.6

  Heylin's Cosm.
• * 1.7

  Obs. I.
• * 1.8

  Sir Willi∣am Dug∣dale.