Privileges due to Gentility.

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

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

1. Pro honore sustinendo, if a Churl, alias Pe­sant do detract from the Honour of a Gentle­man, he hath a remedy in law, actione injuri­arum; but if by one Gentleman to another, anciently, combate was allowed.

2. In crimes of equall constitution, a [...] [Page 21] shall be punished with more favour then a common person; provided the [...] be not Heresie, Treason, or excessive Contumacy.

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

4. In giving evidence, a Gentlemans atteste­station Bart. in l. [...]. is to precede a Clown's.

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

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

7. A Gentleman condemned to death, ought Ibid. li. de capitu. not to be hanged but beheaded, and his exami­nation taken without torture.

8. To take down the Coat-Armor of any Gentleman, deface his monument, or offer vio­lence to [...] Ensigne of the deceased Noble, is as to lay buffits on the face of him alive; and punishment is due accordingly.

9. The Clown may not challenge a Gentle­man to Combat, quia conditione impares.

Many others there are, but it would be too Ferne p. 86. [...]. of [...] tedious to insert them, I referr the Reader to Sir John Ferne, his Glory of Generosity.

For the protection and defence also of this civill dignity, they have discover'd three Lawes provided: the first, Jus Agnitionis, the right, or Lawes of Discent for the kindred of the Father's side: the second, Jus Stirpis; for the whole Family: the third, Jus Gentilitatis, a [Page 22] Law for the descents in Noble Families. Which Tully esteemed the most excllent, of which Law a Gentleman of blood and Coat-Armor per­fect possessing virtue was only priviledged.

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

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

[Page 23] But those Students were antiently by cu­stoms of the Inns of Court, (as I shewed be­fore) to be weeded out of the Societies, if by chance any were crept in; and none to be admitted but Gentlemen of Coat-Armour; Vid. For­tescue de laud. Ang. cap. 49. by which excellent Rule the younger sonns of Gentlemen would have the priviledges and be­nefit of that study, to maintain and support them, as it is in the Empire of Russia, and ma­ny other Nations; when as now every Clown, that can but pick up so much money at the plough tayle, as shall fit his son up for that stu­dy, receives the benefit, and the Gentry of the Nation frustrated of that support; which cau­ses so much decay amongst them, that younger sons of Gentlemen, (being thus destitute of imployment) are commonly the objects of much pity, either for the suffering, or doing much evill; and the Common-wealth in ge­nerall, much prejudiced by the insultan­cy of such mungrell spirits, in eminent prefer­ments; which they too often come to, more by insinuated favour, than reall desert: And in­deed not in that case only, but in Church pre­ferments also; and by this means is it, that so much corruption and abuse is the daily leprosie both of the Civill and Ecclesiasticall State.

The Romans were so carefull of the preser­vation Sir John Feine, p. 95. of Honor, that they had a custom by which the children of noble Persons unprovi­ded for should be maintained out of the com­mon treasury: which custom, though all ages have most infinitely applauded, our Nation [Page 24] hath so absolutely exploded, that the Gentry are in all cases hindred as much as may be of all preferments that should give it them, without burthen to the Common-wealth: But it is to be hoped, succeeding times will produce better manners.

Of the Esquire.

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

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

The Esquire, or Escuyer, is called in Latine Armiger, but more antiently Scutiger, from the office of bearing a Shield as an attendant upon a Knight, and were (militaris ordinis) can­didati in the field, because they served not as Knights Bachelers, nor Bachelers, which was M. Seld. Tit. of Ho. p. 555. then a distinction. The etymology of the word will something signifie as much, being from Scu­tum [Page 25] in Latin, and [...] in the Greek, which is a Shield, from the antient way of making it in leather. Armiger nuncupatus est qui Domini sui [...] bajulat, ipsisque [...] cingit, saith Sir Henry Spelman in his Glossarium, p. 50. Neither came this title in Cam. fol. 176. honorary amongst us till the reign of Richard the second: though the Title as to office was much antienter amongst us, yet the antientest mention of it is in lib. 4. p. 507. Order Vitalis, speaking of William Fitz-Osberne Earl of He­reford, and Odo Earl of Kent in the time of the Conqueror. Nam Armigeros suos immodicas praedas, &c. facientes.

Dr. Argentre, President of the Parliament of Ad [...]. Brit. Art. 88. Rhemes, speaks thus of them: Esquires are, Qui scutums Ducibus aut Patronis praeferebant, po­steriùs et Strateres, qui Dominos in equos tolleren, & equos regerent. Is qui primus inter coeteros gradus Nobilitatis. And Verstegen tells us, the Teutonick word was Scyld-knapae, which is a Verst. p. 322. Sir Tho. Smith de Rep. Aug. Shield-serviture; but some have since gotten another distinction for the title, which is, that they are Gentlemen, bearing Arms and Armo­ries, in testimony of Nobility, or race from whence they are come.

Sir Edward Cook p. 667. [...] in his Exposition upon the Statute of 1 Hen. 3. chap. 5. (of Additions) saith, that the word Esquire, Armiger, or Scu­tiger, in legal understanding is derived ab armis quae clypeis gentilitiis honoris insignia gestant. In which sense, as a name of estate and degree it was used in divers Acts of Parliament before the making of that Statute, and after also.

[Page 26] But by this the Honour of the title is lost, and every Gentleman of Coat-Armor shall have as great a share in it as themselves; which in truth hath not been since the dividing the Gentility into these two divisions; when this title of Es­quire was made a legall and appropriated ad­dition.

Of these, there are four sorts: By Creation, Sir John Ferne. p. 100. by Birth, by Dignity, and by Office.

Esquires by Creation are sometimes made by Patent, as one Jo. de Kingston was by King Rich­ard, as I mentioned before, being received into the state of a Gentleman, and made an Esquire, Camb. de Ordin. p. 117. & de reliquiis p. 23. Spel. Glos. p. 51. and sometimes by the giving of a collar of SS. by the King, as an ensigne of the title. Eúmve (saith Sir Henry Spelman) argentatis calcaribus donaverit. Which silver Spurs were given by the King, as the Gold was to the Knight, to dif­ference the Honor; from whence they are cal­led White-spurs.

There is commonly given to him also an ad­dition to his paternall Coat, or a new Coat, if he owned none before, which is due to the descen­dents onely of his body, not related to any of his line besides; and the eldest son of that Segar p. 224. ibid. Coat-Armor is ever an Esquire.

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

Sir John Ferne, and Sir Henry Spelman call all Esquires, that being the sons of Lords, are not allowed the title of Lords: but Sir Henry Spel­man Spelm. p. 10. c. 2. ibid. again, Propriè natalitio jure Armigeri di­cuntur, Equitum auratorum filii primogeniti; & [Page 27] ex ipsis haeredes inperpetuum masculi.

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

And this ennobling by Office was also a­mong the Saxons, and hath so continued among them, saith Mr. Lambert, If a Churle so thrived, that he had fully five Hides of Land of his own, a Church, and a Kitchen, a Bell-house, and a Gate, a Seat, a severall Office in the Kings Hall, then was he the Theynes right worthy. A­mongst which sort of Esq those four of the Kings body are the principall, which (he saith) are to be esteemed above the elder sons of Knights. And indeed in all processions of State, Spel. p. 51. Segar. l. 4. p. 246. they go before the Master of the Jewell-house, all Judges or Sergeants at the Law.

Of Knighthood in generall, and of the Knight Bacheler.

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

The word Knight, as Mr. Selden saith, com­ing from the Saxon [...], which signified puer, or servus, as Dienaknecht is yet among the Dutch, for a man-servant. So Tenants by Knights service were called Milites, or Chiva­lers, Seld. Tit. Ho. p. 769. Camb. Brit. p. 170. because their service was military. Knights (saith Mr. Cambden) who of our English Law­yers are termed also in Latin Milites, and in all Nations almost besides, took their name of Horses. The Italians call them Cavalari, the French Chevaliers, the Germans Kutters, and our Britans in Wales, Margagh, all of Riding. Englishmen only term them Knights, by a word, that in old English-language, as also of the German, signifieth indifferently a Servitour, or Minister, and a lusty young man. Hereupon it cometh, that in the old written Gospels tran­slated into the Saxon, we read, for Christs disci­ples, Christs leorning knights. And elsewhere for Client or Vassal [...]. And Bracton (our ancient civill Lawyer) maketh mention of Rad Cnyhts, that is Serving-men, who had their [Page 29] Lands with this condition, that they should serve their Lords on Horseback, and so by cut­ing off a piece of the name, (as our delight is to speak short) this name of Knight remained with us. But whence it came that our Country­men should, in penning the Laws, and all Wri­tings since the Norman Conquest's time, term those Knights in Latin Milites, that is, Soul­diers, was transferred unto those that conver­sing near about the Princes person bare any of the great Offices in the Prince's Court or Train.

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

This Title comming to be a reward or degree Segar. ch. 1 p. 51. of Honor, is thought to be in imitation of the Equestris Order in Rome, to which men were onely advanced for extraordinary virtue, and notable merit: who onely were admitted to beautifie the Caparizons of their Horses & their [Page 30] Armor with Gold, from whence they were cal­led Equites aurati.

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

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

The first account of Ceremonies (that we Will. of Malmsb. de gest. Reg. l. [...]. c. 6. Seld. [...]. of Hon. p. 773. p. 778; have) at the creating a Knight, is in the exam­ple of King Alfred, Knighting his grandson Athelstan; and after the continuance of them (it seems) grew more precise and customary, by Feasts, giving of Robes, Arms, Spurs, and sometimes Horse and Arms; untill our later times produced the new, yet usuall Ceremony, of a stroak over the shoulder with a Sword, with these words, Sois Chivaler au nom de Dieu, by the King, or some by his Commission, though the Spur hath lately been observed also.

Another manner of Creation there hath been also among the Saxons before the Conquest, [Page 31] which was by sacred Ceremonies, shew'd by one Ibid. p. 779 Ingulphus, that lived in the time of the Con­quest, by a solemn Confession, a Vigil in the Church, receiving of the Sacrament after an offering of the Sword on the Altar, and re­demption of it; then the Bishop, Abbot, or Priest putting it on him, made him a Knight, with many prayers, called Benedictiones Ensis.

To this Order or degree of Honor, an Infant may be admitted, though he be a Ward, and Bract. [...] 36. Cook 5. Jacobi part. 6. then (till a late Act of Parliament ordained o­therwise) his Wardship was free, both of per­son and estate; but now their lands are not. And there were feudall Laws for, and at, the making the eldest son of a Lord a Knight, as there was also for the marrying of the eldest daughter, as in the Charter of King John, which was mony raised on the Tenant. But any man in the order of Priesthood is debarred the Honor of Knighthood of the Sword, Cùm eorum militia sit [...] mundum, carnem, & diabolum. So Sir John Fern.

Though I find, that antiently they have been allowed it, but not without first laying aside their Spirituall Cures, and applying themselves to a Secular life. So Matthew Paris, Dei natalis Johannem de Gatesden Clericum, & multis dita­tum [...], (sed omnibus ante expectatum resignatis, quia sic oportuit) Baltheo cinxit mili­tari. And then the persons that gave this Honor were sometimes subjects (without any superior authority granted to them) as well as Sove­raignes, though long since it hath been an ap­propriated [Page 32] priviledge of the Crown. Land­frank Selden. p. 772. Archbishop of Canterbury made William the second a Knight in his Fathers life-time. But the name of Bacheler added to it seems not to Mat. Patis have been till the 33 of [...] the third.

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

To which end it was carefully to be provided, Sir 10. Fern Glo. of Genere. that such men as were endowed with this Honor, should have these Accomplishments, He ought to be faithfull and religious, just in his engagements, valiant in his enterprises, obe­dient to his Superiors, expert in Military affairs, watchfull and temperate, charitable to the poor, free from debauchery, not a boaster with his tongue, ready to help and defend La­dies, especially Widows and Orphans: and he ought to be ever in a readinesse, with Horse and Arms, and to attend the command of his Soveraign in all Wars, both Civill and Forrain; the neglect where of is a crime as great, as to fight against him, and merits at the least a shamefull degrading And formerly when the King hath been to make a Knight, he sate glo­riously in his State, arrayed in cloth of Gold of Cam. Brit. p. 74. the most precious and costly bodkin-work, and [Page 33] crowned with his Crown of Gold: and to eve­ry Knight he allowed or gave a hundred shil­lings for his Harnessements, &c.

And Knights in this manner dubbed made pag. 175. this esteem thereof, that in it consisted the guerdon of their Virtue and Valour, the praise of their House and Family, the memoriall of their Stock and Linage; and lastly, the glory of their Name.

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

Against a Knight in the War, runneth no pre­scription.

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

By antient Custom, none were admitted to Vid. Stat. de An. 23. H. 6. c. 15. the House of Parliament, but who were Mili­tes gladiis accincti.

Many other priviledges there were appro­priated to them, according to the rules of Ho­nor, and custom of the Nation, as well as re­quisites in them; which more at large may be understood in Sir Will. Segar's Honor Milita­ry Seg. lib. 2. lin. 2. and Civill.

[Page 34] Where is to be found the severity in degra­ding them. When if any Knight at any time had been corrupted with mony by his Prince's Enemy; or committed any other notable fact against Loyalty and Honor; he was apprehend­ed, and caused to be armed from head to foot, and on a high Scaffold in the Church he was Vid. Mills fol. S [...]. 4 Ed 4. 20 placed; and after the Priests had sung some fu­nerall Psalm, as though he had been dead; first, they took off his Helmet, to shew his face, and so by degrees his whole Armor: and then the Heralds crying out, This is a disloyall Miscre­ant; with many other ignoble Ceremonies, he was thrown down the Stage with a rope. This he mentions to have been about the time of King Arthur. We have many examples of lat­ter times also of degrading Knights, for disho­norably absenting from the service of the King, and other treasons; with which seising on all that he had (except one Horse; ne, qui digni­tate factus est Eques, cogatur pedes incedere: for in all Countries, the Title is related to a Horse, from serving on Horseback;) and also by See Stow in Anal. p. 693. & 694. edit. vet. in 4. the cutting off their Spurrs from their heels, ta­king away his Sword, reversing his Coat-Arms, and the like; as in the degrading of Sir Ralph Gray. See more at large Sir William Se­gar, Mr. Selden, and Sir John Fern.

[Page 35] IT is ever to be observed, that when the word Knight is found without any addition of distinction, it is meant by the Knight Bat­cheler. Of the Order of the Bath, the first that are taken notice of is in [...], who gives an account of 46 made by Henry the Fourth: But Mr. Selden is of an opinion, they were long before.

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

The Honor is invested with a great deal of noble Ceremony, as is seen by the example of Henry the seventh, when he sent Writs to di­vers Lords and Gentlemen, to come up to the making Henry his second son Knight of the Bath, Ad ordinem Militia [...] suscipi­endum, Dor. Cl. [...] 20 Hen 7. 20 Sep. juxta antiquam consuetudinem in cre­atione usitatam.

When one is to be made a Knight of the Bath, he comming up to the Court, is very [Page 36] nobly received by the Officers and Nobles of the Court; where he hath two Esquires ap­pointed to wait on him, who convey him to a Chamber, where is to be Musick before he commeth to the Tubbs; then they uncloath him, and put him naked into the Bath, where, if For K. of the Bath, see Far. f. 65. 5 Book. there be any other Knights of the Order in the Court, they come in their Order and sa­lute him, and after discourse concerning the Order, they sprinkle some of the water on his shoulder, and so depart. Then the Esquires convey him to a bed, where he is dry­ed, and then he putting on his clothes, they put over them a long gray coat like a Hermit's weed, with long sleeves, and a hood; then the Knights return to him again, and lead him to the Chappel, where he receives a cup of spiced Wine, and with that salutes the Knights, who after leave him there, onely with his Esquires and Priest, where he performs a Vigill till almost day, with Prayers and Offer­ings. After this, and some repose in his Cham­ber, the next morning, where are Robes pro­vided for him; the Knights wait on him a­gain, and do service to him in his making ready; one giving him his doublet, another his breeches, another combes his head, &c. Then with Musick he is brought to the Hall in the Court on Horsback, accompanied with those Knights and Esquires, where the Marshall meets him. Then the King comming to the Hall, commands a Lord to put on his right [Page 37] Spur, and making a crosse upon his knee, rises up and kisses him, and so another the left. Then the King puts the Sword about him him­self, and smiting him on the shoulder, says, Be a good Knight, and kisses him. Then with the Musick he is conducted again to the Chap­pel, where he goes to the Altar, and performs some Ceremonies, maketh protestation for the performance of the Orders of Knighthood. Then the King's Cook comes to him with a knife in his hand, to demand his fee; and tells him, That if he do any thing against the Or­ders of Chivalry, he will cut his [...] off from his heels. Then he is habited in a blew Gown with Maunches open, like a Priest, and so led again to the Hall.

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

Of Bannerets.

THis was antiently an Order in France, and (excert that in England they are not cre­ated by Parent, not the Title Hereditary,) the same: The creation is almost the same with theirs, by the solemn delivery of a Banner, Mr. Seld. fol. 790. charged with the Arms of him that is to be created, and cutting or tearing off the end of Camd. Brit. p. 171 a Pennon or Streamers, to make it square into the shape of a Banner, are called by some Equites vexillarii.

Sir William Segar relates the Ceremony thus; He is led between two other Knights into the presence of the King or Generall, with his Pen­non of Arms in his hand, and there the He­ralds Seg. f. 69. declare his merit, for which he deserves to be made a Knight Banneret, and thenceforth to display a Banner in the field. Then the King, or Generall, causes the point of his Pen­non to be rent off; and the new made Knight returns to his Tent, the Trumpets sounding be­fore him.

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

And although the Knight Baronet be an honor given by Patent, and made hereditary; [Page 39] yet, by Decree of King fames it is established, Rot. pat. 10. Jacob par. 10. mem­br. 8. that all such Bannerets, as shall be made by the Kings Majesty, his heirs and successors, un­der their Standard, display'd in an Army Roy­all in open War, the King personally pre­sent; for the tearm of the lives of such Banne­rets, shall for ever take place and precedency as well before all other Bannerets, as the younger sons of Viscounts, and Barons, as also before all Baronets; but not other­wise.

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

Of Baronet.

THe Title of Baronet was erected by King James, in the ninth year of his Reign: He made diverse on the 22 day of May, whose Patents were all of one form, without any difference at all; the [...] or Argument be­ing for the propagating a Plantation in Ulster Pat. 9. Jac. part 48. in Ireland, to which the aid of these Knights [Page 40] was ordained; the words run thus, [...], ex certa scientia & mero [...] nostris, Ordina­vimus, ereximus, constituimus & creavimus quendam statum, gradum, dignitatem, nomen & titulum Baronetti (Anglice of a Baronet) in­fra hoc Regnum nostrum Angliae perpetuis temporibus duraturum. Their aid was the main­tenance of thirty Soldiers in that Province for three years. Their Titles were to descend to the heirs male of their body, and to take place before all Knights Bachelers, Knights of the Bath, and Knights Bannerets, (the other De­gree before specified, being afterward made) and that the name of Baronet in all Writs, Commissions, and Style, should be added to his Surname; and that the addition of Sir should precede in all mentionings of his name (as the Title of Lady and Madam to the Wives of them) and their Successors; and that they should take place according to the priority of the date of their Patents inter se, and so to their suc­cessors. In which Patents also, the King did engage for himself and successors, that there should be but two hundred of them made; and that there should be never any degree of Ho­nor established, that should take place between the Baronet and Baron; and if for want of heirs male, the Title in any should fall, there should never be any created in their room, but that the Title should diminish, to the honour of them remaining, and be by that means reduced to a [...] number.

[Page 41] And afterward a Commission was ordained Sel. f. 827. under the great Seal, for filling up the num­ber, who had instructions also enacted; a­mong which, they that desired to be admitted into the dignity of Baronets, must maintain the number of thirty Foot-Soldiers in Ireland for three years, after the rate of eight-pence sterling a day; and a years pay to be paid in (at the passing of the Patent) to the Exche­quer.

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

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

After this, many being made, it was also or­dained Pat. 10. Ja. par. 10. n. 18. by the King, That they and their de­scendents, being of full age, should be Knight­ed; and that they should in a Canton or In­escutcheon, as they pleased, bear the Arms of Ulster, which is Argent, a sinister hand, and Gules.

There are many other Orders of Knight­hood, almost in every Nation; some appro­priated to the Country, and some of more excellency, as is that of the Garter, where­of in another place I shall speak with the rest; but these Titles have an estimated ho­nor [Page 42] due to them, greater or lesse, according to Segar. l. 2. c. 3. p. 53. the quality of the creator: for the Knight made by the King, shall be preferred before a Knight made by a Prince of meaner title. So all Emperors, Kings, and Princes, acknow­ledging no lawfull Superior, may make Knights; as also some Common-wealths, as the State of Venice and Genoa: The Popes also sometimes do make Knights, calling them af­ter their own names, as, Chevaleri de San Pe­dro, San Paulo, [...], &c. And so much for Knights may serve in this place.

Of Barons.

THis word Baron is very variously inter­preted, Albert. Ro­su dicti. as first, that it comes from the word Baria in Greek, which signifies Autho­ritas gravis. Bracton interprets it, Robur belli. Again, saith Sir Henry Spelman, the word Baro is the same in Latine with Vir, whose derivation is from Vi, Force; and from thence, Sunt & alii potentes sub rege qui dicuntur Barones, id Gloss. p. 79. Bract. lib. 1 cap. 8. est, robur belli.

And taking of it in that sense we now un­derstand it, Sir Henry Spelman calls him, Cli­ens Gloss. p. 79. feodalis; and Vassallus capitalis. Hujusmodi sunt (saith he) qui Pagos, Urbes, Castra, vel ex­imiam ruris portionem, cum jurisdictione acce­perunt à Rege.

[Page]

[Page] [Page 43] This word is a generall notion in England to all Lords of the Great Council of Parlia­ment, as it is in Naples and Lumbardy, where all those Lords that are called Titulati, are in generall styled Barons; thus dignitas Baronalis stat ut genus. This word was used by the Lamb. fol. 336. Danes in the stead of Thane, which was among the Saxons a Title of Honor, and being next the King, he was called the King's Thane.

And in the Laws of William the first, in­stead Seld. f. 87. of the Earl, King's Thane, and middle Thane, of the Saxons times; the title of Count or Earl, of Baron, and of Valvasor are used.

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

In France, Germany, and Italy, Baronem Spel. Gloss. fol. 79. vocant, qui merum mistumque Imperium ha­bet in aliquo Castro, ex concessione [...].

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

However, we find many Barons created in [Page 44] the times after the comming in of the Normans that held both of Knights service, and of the Crown in chief; which were either Spiritual or Temporall; and it is certain, that all honorary Barons from the Conquest, till the latter time of King John, were onely Barons by tenure.

These Spirituall Barons were distinguished from the Temporall Thane, in the time of the Saxons, by holding their lands free from all se­cular service; excepting trinoda necessitas, (as it was called) which was, assistance in War, in building of Bridges, and Castles. Which con­tinued till the fourth year of William the first, who then made the Bishopricks and Abbies, Mr. Seld. Title of Hon. ch. 5. f. 699, 704 subject to Knights service in chief, by crea­tion of new tenures; and so first turned their possessions into Baronies, and thereby made them Barons of the Kingdom by tenure. That all Bishops, Abbots, Priors, and the like, that held in chief of the King, had their posses­sions as Baronies, and were accordingly to do services, and to sit in judgment with the rest of the Barons in all cases, but cases of Blood, from which they are prohibited by the Canon-Law.

This Honor of Baronady is of three kinds; Seg. lib. 4. fol. 223. by Tenure, by Creation, and by Writ.

Barons by Tenure are the Barons Spirituall, as I said before, which are reputed Peers of the Realm, and were ever first in nomination, and take place on the Prince's right hand in Parlia­ment, and have been capable of temporall [Page 45] [...], and some of them are accounted Count Palatines in their Jurisdictions.

And by tenure Temporall, which are such as hold their Honor, Castle, or Mannor, as the head of their Barony, per Baroniam, which is Grand Serjanty. By which tenure, they ought Coke par. 2. pag. 5. to be summoned to Parliament. See Bracton, lib. 5. fol. 351. & 357. But he is no Lord of the Parliament, untill he be called by Writ to the Parliament.

These Barons by renure in the time of the Conqueror, and after, were very numerous; and [...] his time, as I conceive, distinguished into Majores & Minores, and summoned accor­dingly to Parliament: the Majores by imme­diate Writ from the King, the others by ge­nerall Writ from the high Sheriff at the King's command.

But these had also another distinction, which was; the first, were called onely Barons by te­nure then, and the last Tenants in chief, which were after quite excluded the Parliament, as Mr. Cambden says, in the reign of Henry Camden. fol. 122. the third, by a Law made, that none of the Ba­rons should assemble in Parliament, but such as were summoned by speciall Writ from the Sel. f. 712. King.

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

[Page 46] But Mr. [...] opinion is, that not long after the Grand Charter of King John, the Law for excluding all Tenants in chief was made.

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

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

Since these two sorts of Barons in the time of Richard the second, hath another been esta­blished, which is Barons by Patent, and indeed more usuall in our latter times than those by [Page 47] Writ. He first created John de Beauchamp Steward of the houshold, Baron of Kidermin­ster to him and his heirs males of his body.

And this comming afterwards to be the onely See Mr. Sol. f. 748. way of creation, they had commonly creation­mony granted them, as Sir Ralph Botiller, who had one hundred marks granted him annuity out of the County of Lincoln.

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

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

Neither shall any honor of Barony by Te­nure be conveyed with the [...] of any place from whence the title is derived, without licence immediate from the King; but all such as shall without, is absolutely forfeited and stopt, and returns again into that great Fount ain Cook 2. part. 80. b. of Honor the Crown.

Now though this dignity be not allowed [Page 48] the Princely distinction of a Coronet, yet is he as a Lord of the Parliament reckoned among the Peers of the Realm, and priviledged a­mongst them in all these things, as first, in all [...] pleas. del. Coron. lib. 3. ch. 1. trialls of criminall causes, he is not tried by a Jury, but a Bench of Peers.

If for Treason he be indicted, and shall stand mute, he shall be convicted, but not prest; but if it be for Felony, his standing silent shall not [...] Dir 205. & 300 convict him.

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

A Peer of the Realm is not to be Empan­nelled Fitz. nat. br. 165. in any Jury, but what concerns the King's Enquiry.

Neither are they to be arrested by any War­rant Lamb. Just. l. 2. c. 1. fol. 17 of Justice of Peace, either for the peace or good behaviour.

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

And whereas all Burgesses of the Commons Dier. 315. House are sworn to Supremacy, the Barons of the Upper-House of Parliament are not; with 5 Eliz. c. 1 many other priviledges.

But it is to be noted, that by these are onely meant, to Lords of the Parliament, not to the sons of Dukes, Marquesses, or Earls, during the life of their fathers. Nor to any Baron of another Kingdom in this, though under [Page 49] the same allegiance, who are not triable out of their own Kingdome, unlesse they enjoy some honor in this.

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

[Page 50] In which form was William Cecill created Mills de Nob. pol. vel liv p. 58. Lord Burghley, 15. of Febr. 13. Elizab.

Of the Viscount.

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

The Title is derived from the same Order in France: which there were only first substitutes to Earls, till, getting themselves first in power, got also to have the title honorary and here­ditary, between the Earl and Baron, it being the same word which signifieth our Sheriffe, and began not with us, till about the 18. year Pat. 18. H. 6. par. 2. m. 21. of Henry the sixth, who then created John Lord Beaumont Viscount Beaumont, by Letters pa­tent.

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

To this degree, is allowed a Surcoat, Man­tle, Rat. pet. 4. [...] par. 1. Hood, and a Circulet, without either flowers, [Page 51] or points, as in the discourse of Armory shall Sir Wil. Se­gar. f. 821. be seen, and is created with the same ceremo­ny, those above him are.

Of the Count or Earl.

THe next precedency is an Earl, called in Latin, Comes: and thence is an English word Count, which word Comes we have from the example of the Romans; amongst whom Segar. fol. 220. they used it for the title of sundry offices.

Coke defines them thus, Dicuntur Comites, Instit. par. 2. fol. 5. quia à Comitatu, five à societate nomen sumpse­runt; qui etiam dici possunt Consules a Consu­lendo, &c. But John of Salisbury, who writ in the time of Henry the second, says thus, Comites dici à [...] participatione.

And the word Earl we had from the Saxons, from whence, till we borrowed the word Ho­nor, we used the word Earl for gentle or noble, and Ethel, which was sometimes abridged to el, so that of Ear-ethel, it was Ear-el, and by abbre­viation Earl, which the Dutch called Eorle. [...] fol. 315. Amongst the Germans, they have the word Grave for it, as Palsgrave, Landgrave, Rein­grave, &c. from the word Gerefa, by abbre­viation Gereve, and Grave, as also Reve, from whence our Shierreve, or Shirriffe, as some do Ib. f 325. abbreviate it. Which word in the Teutonick, signifies a Disposer or Director.

Others have, That the word with the Sax­ons, was Erlig, and Ethling, and used for the [Page 52] same office of Ealderman was before; and the Cam. rem. 6. 15. word Ealderman, which now is writ Alder­man, was transferred to a lower degree; who used the word also Thegon or Thaine for Baron, as I said before. But the word Ealderman, and Ethling, it seems, did only signifie them ac­cording to Civill power, and the word Here­toga, from whence Hertshog, for their Military power; the former word being no more then Seld. fol. 605. Senior, or Senator.

This title of Ealdermen continued, for Duces, Principes, & Comites, untill Canutus reign, when Ibid fol. 609. the word Earl was brought in, and the other lost, as to that Honor.

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

Upon the coming in of the Normans, this word was turned into Comes, or Count, since when it hath remained. And this word in the Empire, was given to Quotquot è Comitatu Prin­cipis Spelman, [...] fol. [...]. erant, to all that were admitted to society of the Prince. So the [...] styled them [Page 53] in Warre, Commilitones, in the Court Comites.

The dignity is of divers kinds, for an Earl Ib. f. 109. acknowledging no Superior, is equall to a Prince.

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

Those locall are also simplices, and Palatine: Selden. fol. 639. which last retain the same constitution, the Saxons time allowed them; which is Juraere­galia, or merum, & mixtum Imperium, and could make Barons under them, as those of Chester, Lancaster, the Bishopricks of Durham and Ely.

Hugh Lupus, had the County Palatine of See Sir Jo. [...]. Chester, given him by the Conquerour, Ita libe­rè ad Gladium, [...] ipse Rex tenebat Angliam ad Coronam. Who governed the County forty years, he created eight Barons, and built the Abbey of Chester.

Lancaster was made a Palatinate, by Edward the third, as says Sir William Segar, and had Hon. Mil. & liv. fol. 641. Barons, Chancery, and Seal; and so had the Bishopricks of Durham and Ely. The office of those Barons, being to sit in Councell, and Judgment, with the Earl.

To the County Palatine of Chester, [...] been Chamberlains, who supplied the place of Chancellor, Justices, before whom the [Page 54] causes that should else belong to the King's Bench, and Common Pleas, are triable; a Baron Seld. title of Honor, ch. 5. f. 641. of the Exchequer, a Sheriffe, and other offices proportionably to those of the Crown at Westminster, which being since reserved in the Crown, is given to the Prince of Wales, when he is created. This County had this honor, I conceive, out of regard to the great trust, was reposed in the first Earl, which was to sub­due, and keep in order the British, or Welch af­ter the Conquest.

Of those that are not Palatine, we find their Creation also as ancient as the Conquest, Willi­am theConqueror, made Alan Fergent thenDuke Ib. fol. 646 & Camd. Brit f. 591. of Brittaign, Earl of Richmond, by a Patent.

Queen Maud, created Geoffry of Mandevile, Earl of Essex; Aubrey de Vere (Earl of Oxford) she made Earl of Cambridge, on condition, that if he could not enjoy it, to chuse Oxford, Bark­shire, Wiltshire, or Dorsetshire; and others of King Stephen, who is said to have wasted the Crown, by the many of them that he created. The manner of their ancient Patents, may be seen in Mr. Selden at large in his Titles of ho­nor: the Modern Patents may be also seen there, and in Sir William Segar's Honors Mili­tary and Civill. Where we find, that many times in their Patents, they had Rents annuall granted them, and sometimes lands for the supportation of the Title. To this Degree, be­longeth a Surcoat, Mantle, Hood, and Coro­net of gold with points, not flowers, (called [Page] [Page]

[Page 55] circulus aureus) a Sword and Cap of Honor. Which hath continued ever since Edward the sixt, being only before but per cincturam gladii. Which law was first also used by King John, to William de Ferrers Earl of Derby. That per­sonall, in England, is only Earl-Marshall of England. The first of these, that we find is Thomas of Mowbray, Earl of Notingham, made Earl Marshall, or Marescallus Angliae for life, and after to him and his Heirs Males of his body, by Richard the second. But since the 14. of Q. Elizabeth, the office hath been only for life again, to whom belongs as an Ensign of his authority, a Rod, or Staffe of Gold, ena­melled at each end with black.

Of the Marquesse.

THis word Marquesse at the first was used to all Earls and Barons, that were Lords Marchers, or Lords of Frontires; and came afterward into a Title of speciall dignity, be­tween that of Duke and Earl: beginning in the time of Richard the second, who created Robert de Vere (Earl of Oxford) Marquesse of Dublin, Per gladii cincturam, & circuli aurei suo capiti positionem; The form of the Patent was then, and many ages since very various, but it is now regulated to one method; which is the same in a manner with that of Earl, [Page 56] only the word Marchio is put in the place of Comes: the ceremony of Creation much at one, and the title hereditary; the annuity Seldens ti­tle of Ho­nor, pag. 761. money in their Patent is forty marks.

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

The Marquesse is honored with a Coronet of gold flurred, the points and flowers of e­quall height; whereas of the Earls, the pearled points are much longer then the flowers. His Mantle also doubled Ermine, as is the Earls also; but the Earls is but of four, and the Mar­quesses is of five: the doubling of the Vis­count, is to be understood, to be but of Mini­ver, or plain white Fur, so is the Barons; the Barons of two, the Vice-counts of three doub­lings. Segar. fol. title of Honor, pars Lati­na.

Of the Duke.

THis word, says Sir Henry Spelman, was no­men officiale, a title of office, afterwards Honorary, and since feudall and Hereditary. He is said to be called Duke, à ducendo, from Segar. fol. 218. his leading an Army Imperiall; whom the Saxons called Hertshog; but they are since on­ly Dignities, given by Kings and Princes to [Page]

[Page] [Page 57] men of great blood, or excellent merit: This title hath been of ancienter standing in the Em­pire, and other Countries: but the first, that we find in England, is of the black Prince, created Duke of Cornwal, by Edward the third, Sir Henry Spel. [...]. [...]. 237. his father. By which creation, according to the Tenure of his Patent, the first-born sons of the Kings of England, are Dukes of Cornwall; neither is there any creation required for this honor, though there is for Prince of [...].

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

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

These if they be of Royall line, are reputed [...]. fol. 219. as Arch-dukes. It is also allowed, that a Duke tantum, shall take place before any Lord, that is both Marquesse and Earl; but a Duke, that is Marquesse, or Earl besides, shall precede him.

The Duke, Marquesse, and Earl at their [Page 58] creation have a sword put over their shoulders, which the Vice-count and Baron have not.

Of the Arch-Duke.

THis title is of neer relation to the other, Segar. fol. 214. but not found in any place, save in the house of Austria, the addition of which word Arch, is from the Greek word Archos, which is as much as Princeps in Latin. So he taketh place of all other Dukes; and he is allowed a Surcoat, a Mantle, and a Hood of Crimson Velvet, at his Creation: He hath also a Cha­peau, or Ducal Cap doubled Ermin indented; with a Coronet about the same, and an arch of Gold, with an Orbe, and Verge of Gold.

Of these titles, the Duke, Marquesse, and Sir John Fern. fol. 138. Earl are esteemed Princely; especially the two last: These also are allowed to bear their Crests with Helmets, the Beaver directly forward, whereas a Gentleman, Knight, and Baron, bare them with half the Beaver seen.

[Page 59] The Prince.

THe next, and first, immediately subordi­nate to the Crown, amongst these radi­ant Stars is, The Prince, who in England one­ly is the Prince of Wales, the first-born of the King.

These in the Saxons time were called Cli­tons, and clitunculi, from [...], that is, Illu­strious.

But, since it hath been a title of creation for honor to the rising sun, there were none crea­ted in the Nation, but the King's eldest son; who are in all Nations honored above all other subjects, and amongst some, as in Spain, have been called King's during the life of their Fa­thers, Ludovic. de Molina de Hisp. pri­mogen. lib. 3. c. 6. because of his so neer a relation to the Crown, that if the Father dye, he is ipso [...] Rex, there being no interregnum, though he be not crowned.

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

So likewise by a Statute of the 25. of Ed­ward [Page 60] the third, chap. 2. it is declared, that to compasse, or imagine the death of the Kings eldest son, and heir, is, Crimen laesae Majestatis, high Treason, as also to violate the wife of the King's eldest son.

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

Yet doth he acknowledge a reverence, not only as to a Father, but Soveraign, and to that Lamb. per. Kent, fol. 364. purpose continues that Motto, which the Black Prince took up, (Ick dien) I serve.

He is called Princeps, quia principalis in stre­nuitate post regem, saith Sir William Segar.

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

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

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

When he is created, he is presented before the King in Princely Robes, who putteth a­bout his neck a Sword bend-wise, a Cap and Coronet over his head, a Ring on his [Page 61] middle finger, a Verge of gold in his hand, and his Letters Patents after they are read.

His Mantle is once more doubled then the Dukes, and his Coronet of Crosses, and Flow­ers de Luce, and his Cap of State doubled in­dented.

The King.

THe King is the next, and in our Nati­ons the highest, being subordinate to no sublunary power, as those of Spain, Portugall, [...] [...]. 97. and other Kingdoms of Europe, and other parts of the world, are. He is the true Fountain from whence all these Rivulets and swelling Streams of Honor spring.

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

He hath ever bin of great reverence amongst Segar. [...]. Mil. & Civil. these Kingdoms of Europe, the very Title car­rying Divinity in it, being of Heavenly in­stitution, [Page 62] ordained by God himself; the Bond of Peace, and the Sword of Justice.

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

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

He hath power of pardoning where the Law Coke 3. fol. 238. condemns, even Parliament-Attainder.

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

The Parliament, in the behalf of Henry the Bracton: de acqui. rerum. Dom. l. 24. in 1. 7. 11. eighth, writ thus to the Pope: His Royall Ma­jesty is the Head, and the very Soul of us all; his Royall Majestie's cause is the cause of us all, derived from the Head upon the Members; his griefs and injuries are ours, we all suffer equally with him.

Mr. Camden speaks thus of him, The King Camd. Brit f. 105 is the most excellent part of the Common­wealth; next unto God, he is under no vassal­lage; See Bract. also, lib. 1. chap. 8. he takes his investiture from no man, he acknowledges no Superior but God.

In England, France, Spain, Denmark, and Seld fol. 123. other Kingdoms, they are styled Kings, Dei gratia, by the grace of God.

Which hath been an antient custom in these Nations, in the same or the like words, as in [Page 63] the style of King Ethelbald: Ethelbaldus divi­na Ingul. hist fol. 484. ib. dispensatione Rex Merciorum (An. 716.)

Kenulphus, Dei misericordia, Rex Mercio­rum.

Beoredus, largiente Dei gratia, Rex Mercio­rum.

Ego Edwardus Dei gratia Rex Anglorum. Ib. f. 510.

Ego Wilielmus Dei beneficio Rex Anglorum.

And the Kings of England since, by a Bull 26 Hen. [...] chap. 1. from Rome, in the time of our obedience to the Pope, have been styled, Defenders of the Faith; and by Act of Parliament, of Henry the eighth, (to whom that Bull was sent) had the title of Supream Head of the Church of England annexed.

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

It is the manner of Kings also to write in Sold. Title of Honor. chap. 7. the plurall number, which is God's own style, as Mandamus, Volumus, Facimus, &c. And in­deed, in the Scripture we often find them called gods, and in that sense may be styled Divi, or Dii, quia Dei vicarii, & Dei voce judicant. Ibid. f. 44. Mr. Selden speaks thus upon this subject: Man, as a civill creature, was directed to this form of subjection; As if the sole observation of Ibid. fol. 4. Nature had necessarily led the affections of men to this kinde of state. Whence it is al­so, that while others of the most curious [Page 64] in Philosophy tells us of Angells, and the Su­pream Her. Tris­megist. Heavens being immediately Governed by the Maker of all things; of the Planets and other Stars being ruled by the Sun; and the separated Souls, and the Aire, being sub­ject to the Moon; they add together, that upon Earth, Kings are in like sort of Govern­ment; as if naturall reason had first ordained them on earth, by an unavoidable imitation of the Creator's providence, used in that in­stitution of Government in the Ayr, Starrs, and Heaven. Neither do the antientest Gen­tiles speak of those elder times, than with clear supposition of Monarchy, even in the Infancy of the world. And though divers of the chiefest States of the old Grecians were in their most flourishing times Democracies, or Opti­macies; yet the more antient States there, were in every place Monarchies, as is expresly no­ted Paus. in Boeoticis. Seld. f. 11. by Pausanias. They are honored in all salu­tations, not onely with kissing the hand, but bowing the knee also, in acknowledgment of their superiority to all.

Some are of opinion, that this kind of Salu­tation came first to Rome, from the old cu­stomes of the Asiatick Kingdoms. For when the Persians meet, you may know whether they be equall or not, for in salutation they kisse each other; but if one be somewhat inferior, they kisse onely the cheek; but if one be more ignoble, he falls down adoring the other, and passing by one another he turns his back, as [Page 65] unworthy to look him in the face, that is so much above him in honor.

The Ceremonies at his Coronation are ma­ny, and in England more than any other Countries, As the annoynting with Oyl, the sacred Consecration (which is to no other Kings but France, Sicily, and Jerusalem); and his Crown fell on his head with many Religi­ous Ceremonies, which Spain, Portugall, Ara­gon, and Navar, &c. have not; besides the En­signes of Regality, which are, a Ring to sig­nifie his faithfulnesse, a Bracelet for good works, a Scepter for Justice, a Sword for ven­geance, Purple [...] to attract reverence, and a Diadem triumphant to blazon his glory.

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

And that this hath been no Innovation Seld. c. 8. fol. 149. among us, is proved by Mr. Selden, who makes it appear to be of above a thousand years stand­ing, before it was either in the Empire or France.

Though they have had it in France a long [Page 66] time, and they say by divine Institution. [...] upon us for their authority, the Mi­racle of a Dove, that brought a Vial of holy Oyl from Heaven, to anoynt King Clovis the Chopni de Dominio. lib 3. tit. 8. first, about five hundred years since Christ; which Oyle, they say, hath never wasted.

It was the saying of Thomas Becket, Archbi­shop of Canterbury, Inunguntur Reges in Ca­pite, etiam Pectore, & Brachiis; quod [...] ficat gloriam, sanctitatem, & fortitudinem. Kings are annointed on the Head, to signifie their glory; on the Breast, to [...] their sanctity; on their Arms, to [...] their power.

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

But this Imperiall Crown hath not been long in use among us, though our Kings have have had Imperiall Commands, as over Scot­land, Ireland, Man, and other [...]: yet of Ireland they were but Lords, untill the 33 year of Henry the eighth, he being notwithstanding as absolute a Monarch over it when he was but Coke 7. par. Seld. fol. par. 1. c. 8. Lord of Ireland, as when he was styled King.

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

Neither is it to be found, that any such thing as a Diadem was in use at all, till the time of Constantine [...] Great, the distinction before being some kind of Chaplet, or, which [Page 67] is most certain, a white silk Fillet about the brows, which was an ordinary way to distin­guish them, as I have my self seen Statues of the Emperor, with such a kind of Fillet about the head.

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

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

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

There is another Ensign of their Authority, which is a Globe with a Cross, in use amongst us ever since Edward the Confessor, which is placed in the left hand, as is seen in most of their Coyns; the Cross denoting his Faith, and the Globe his Empire both by Sea and Ibid. cap 8. Land, as it is said of Justinian, who was the first Emperor that ever had it.

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

This power, dignity, and state, hath been enjoyed by the Female sex, as heirs descending by the common right of Inheritance, and not [Page 68] onely in our parts, but many others, as at this day in Swethen, when there is not the least punctilio of a diminution in respect of the Sex. Besides, for an addition to the honor of a King, there is the same state allowed to a Queen, during the life of her husband, as to a Queen absolute almost, and is allowed a Crown. She is called Queen from the Saxon word Cuningine, as King from Cuning, onely by variation of the gender, as it was their man­ner in such cases.

She is permitted to sit in State at the King's Seg. Hon. Mil. & Civ. lib. 4. cap. 6. right hand, and to keep a Court distinct from the King, although she be but the daughter of an Earl. But this was in the time of King Edgbert prohibited, and so for a long time continued, by reason of Eadburgh, who poy­soned her husband King Brithick of the West-Saxons. And if she be the daughter of a King Superior to her husband, she may retain the Jac. Rebust. de dig. lib. 12. dignity of her father's daughter, and in this case the daughter hath preceded the mo­ther.

And although in these latter times, our Mo­narchy hath been reduced under the circumfe­rence of one Crown Imperiall, no others ha­ving any other substitute Governors crowned: Yet formerly, both Scotland and Ireland had King's distinct, whilst they acknowledged ho­mage to the Crown of England; as also the isles of Man and Wight.

The Kings of Man were first subject to the [Page 69] Kings of Norway, then to the Crown of Eng­land, and after to the Kings of Scotland, and since again to the Kings of England. Dominus Th. Wal­singham 17 Rich. 2 hujus Insulae Rex vocatur, cui fas est Corona aurea coronari. The Lord of the Isle is called King, and it is lawfull for him to be crowned with a Crown of gold.

Henry the second allowed with the same ho­nor Seld. c. 3. par. 1. Roderig of Conaght to be King, paying a homagery Tribute.

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

Which is enough in this place as to the Dig­nity of a King.

Of the Emperor.

THe originall of this Title, as it was long amongst the Romans, denoted onely a Ge­nerall of an Army; and not till the time of Julius Caesar translated to an honorary Title, who being made perpetuall Dictator, took also that of Imperator into his Title; which hath continued in his Successors untill this day, and became Superior to the Title of King, that before was but substitute under it; (be­ing Seg. fol. 214. yearly created in January, and ended in September.) Which great change hapned upon the Victory of Caesar against Pompey, at the Battle of Pharsalia.

[Page 70] This Title was onely taken up to supply that of King, which had not long before been See [...]. de divin. lib. 2. thrown out by Brutus, and was supposed by the Usurper to be yet fresh in their memories, and odious amongst them; and it was long after, before they used the Title of King, though their power were as much, and the Ceremonies and Ensignes of Regality the same; and the Emperor's Throne at Rome was [...]. ad Spartian. called Sedile regni. But at last it grew to be as one, and then the Emperor of Rome ha­ving subjected under his Jurisdiction many Kingdoms, thought it however a title of more eminence, and so retained it. And though the title has not been so generally appropri­ated Stat. Hyb. 24 H. 8. cap. 12. & 25. to our Crown, yet our Kings have been styled Emperors, and this Realm of England called an Empire. So have the Kings of Spain and France.

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

This Empire, after it was divided to Constan­tinople and Rome; and then again, that Constan­tinople had lost it to the Turks; it was removed to Germany, and in the reign of Otho the third, the Election granted to seven Princes of Germa­ny, the Archbishops of Mentz, Trevers, & Cul­len; the Count Palatine of Rhine, the Duke of Segar l. 4. cap. 4. Saxony, the Marquesse Brandenburgh, and the King of Bohemia, then called Duke of Bohemia.

[Page 71] He hath had also the Superiority allowed him by all Secular Princes; and whereas other Princes of Regall Authority are crowned with but one Crown, he is with three; the first of Iron, which he receives of the Bishop of Cullen at Aquisgrane; the second of Silver, which he receives at Modena from the Bishop of Mil­lan; the third is of Gold, wherewith he is crowned at Rome by the Pope.

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

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

The Emperor of Russia is not Crowned, but is adorned with a rich Cap of Purple; nei­ther is the Greek Sultan, but vested with a mighty rich Tulipant. But there, though Leuncla­vius sup­plement, annal. Turc. Ann. Chr. 1566. the Emperor have no Diadem, yet the Sul­tanesse is adorned with a Rich Crown or Diadem.

Thus have I run through all the degrees of Honor, and with as much brevity as so copious a Theam would allow of; and for matter of precedency, I think the method I have taken will save me the labour, and I am [Page 72] unwilling to trouble the brains of the Ingenu­ous Reader with an unnecessary prolixity; one­ly as to Offices of State, because I have omit­ted them altogether, I shall set down their places as in Princely Solemnities they are to be disposed. In which, those of the Crown are to precede all other of the Nobility that are not, except the Blood Royall.

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

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

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

So the King's principall Secretary being a [Page 73] Baron of the Parliament, hath place above all Barons; and if he be of a higher degree, accor­ding to the former rule.

The Spirituall Nobility are thus placed.

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

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

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

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

A Duke's eldest son takes place as a Mar­quesle, but beneath him; and his Wife be­neath a Marchionesse: and if she be the daugh­ter and heir of a Duke, she shall go before all [Page 74] Duke's eldest sons wives; and however are equall to a Marchionesse, but to go beneath them; and the younger sons of Dukes are in equall degree with an Earl, but to go beneath him; and Marquesles eldest sons, and their La­dies, to take place accordingly.

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

An Earl's eldest son takes place as a young­est Viscount, and the younger as Barons, their wives and sisters accordingly: Viscounts eldest sons as Barons, and their youngest sons to take place with Barons eldest sons, above Seld. fol. 906. Knights Baronets, (by an Act of King James) and above all Bannerets, but those made by the King himself under the Stander; and all Knights Batchelers.

Of Women.

NOw lest I should be thought malitious to a Sex I owe much honor to, before I conclude, I shall take some short observations more then already I have. And first, that al­though they are not allowed to sit in Parlia­ment, yet do they enjoy almost all priviledges Coke 8. part. 53. due to the other Sex.

The honorable Feminine Dignities are, [Page 75] Princesse, Dutchesse, Marchionesse, Countesse, Vicountesse, and Baronesse. Which are either by Creation, by Descent, or by Marriage.

This honor by Creation, as it is rare amongst us, so it is more rarely taken notice of, though Cart. 21. Rich. 2. mem. 12. num. 18. many examples have been; as Richard the se­cond created Margaret Countesse of Norfolk, into the title of Dutchess of Norfolk, See the Charter in Mr. Selden. Anne Bullen was created Marchionesse of Pembrook by Hen. 8. limited to her, and the heirs males of her body to be Pat. 24. Hen. 8. par. 1. begotten, with creation-mony of twenty five pounds per annum, and the ceremony of Man­tle and Coronet.

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

Of these Titles thus conferred, Sir John Pat. 21. Jac. part. 8 num. 4. Fern takes no notice, though else he discourses largely enough.

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

Which word Lady came from Hleaf­dian, or Leafdian, by contraction in the Teuto­nick, and so Lafdy, and thence Lady, as from [Page 76] Laford, Lord. The word Laf signifying bread, Versteg. fol. 413. and Dian serve. It seems, from that they cal­led those persons, that for their quality could entertain others, and distribute corn and bread to their neighbours, by that Title.

And of old, though in the Empire, and here, the word Dominus was used in generall for salutation amongst men of all sorts, yet Domina onely to persons of honor amongst Bract. l. 3. de Coron. 116. women; as the widows of all Tenants in chief, and daughters and heirs of all Knights, &c.

The heirs females of any Count or Baron, Ib. de acq. rer. Dom. lib. 2. c. 34. shall enjoy both the Estate divided, and Titles too, if they be to be divided; and they shall be enjoyed by their husbands, if they marry, in the right of their wives.

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

But this holds not; when the title is held by Jus gladii, or Knight's service; or if the Ho­nor be in any Castle or place onely, it cannot be divided, but falls and dissolves in the Crown, or left to the disposing of the King. And again, if the estate of honor and dignity be not descending to the heirs generall, but en­tail'd to the heirs male, it cannot be the inheri­tance of a daughter, as many times it is.

[Page 77] But we may understand this the better by that more eminent demonstration of high Of­fices of the Kingdom, which descending by inheritance on the heirs generall, have been challenged by the husbands of heirs female, in right of their wives, the Descent-male failing; as in the case of the Duke of Buckingham, in the time of Henry the eighth, challenging the Dier's Re­ports. 283. b. Office of High-Constableship of England.

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

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

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

And for ennobling by birth, these rules are observed: That if a Gentleman, Knight, or Baron, do marry a wife of ignoble parents, she shall enjoy the title, name, and dignity of her husband: For, saith Sir John Fern, let the wife Glory of Generosi­ty. fol. 62. be shining and glorious with the dignities of her husband: Whereas, on the contrary, if a Gentlewoman of blood and Coat-Armor shall marry a Francklin, Yeoman, or the like, that Ibid. is ignoble, having no Coat-Armor, his condi­tion is no whit advanced by marriage in point [Page 78] of honor; Although let him be inferior to her Coke 4. part. 118. b. 6. part. 53. b. ibid. whom she shall marry, yet she shall retain the ho­nor, state, and dignity she was born to.

But there is this Law for them to walk by too, that is, Si mulier nobilis nupserit ignobili, desinit esse nobilis; that is, If a Noble-woman marry with an ignoble, her nobility is extingui­shed; for she is under the power of her husband, and ought not to be in a condition above him: For example whereof, a case is cited of one Ralph Hayward Esquire, and the Lady Anne Dyer. 79. Powes, widow of the Lord Powes.

But I am of opinion, that (being onely an acception in Court by the Adversary of the Party) this is not to be understood, but in case the person such a Noble:woman shall marry, be no Gentleman, and that she hath received the Honor she enjoyed before, from the right of a former husband, and not by descent of Ancestors; for the words of Judge Coke par. 1. fol. 16. Coke run thus: Si mulier nobilis nupserit igno­bili, desinit esse nobilis; & eodem modo, quo quidem constituitur, dissolvitur: That is, If a Noble-woman shall marry an ignoble husband, she ceases to be Noble, and in the same man­ner her honor was constituted it is dissolved.

So as by the Laws of the Nation, an Adulte­resse forfeiteth her Dower, so also her honor of Nobility, if she commit adultery, either as a wife or widow; or else having received honor from her deceased husband, and shall so put him out of her mind, as to subject her self to [Page 79] another, by which act she wipeth both the name and memory of the former from her, she hath the sentence of forfeiture against her. So Sir John Fern, in his Glory of Generosity, fol. 62. Yet the Law is thus curious in preserving the memory of Vertue in the honor of its reward, that if a woman of noble blood do marry a Churl or Clown, and have issue by him, she being an heir, that issue shall have liberty of bearing her Coat-Armor. But Sir John Fern says, onely for life, and that on a Lozenge Shield, (which is the feminine bearing) with the difference of a Cinque-foile.

One note more I think proper in this place, which is, If a French, Spanish, or German wo­man be married to any Peer of this Realm, or other Gentleman, and be not denizoned; by 32 of Ed. 3. 35. in the case of Gilb. Humfrevill the Laws of the Nation, she cannot claim the priviledges or titles of her husband, nor have Dower or Joynter from him.

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

In the next place, I should proceed to the display of Armory, by which the infinite number of persons are distinguisht, by an in­numerable variety of different Ensignes, that do illustrate and appropriate their dignity and honor: But, by the way, I have stumbled on another Theam, which though it be not [Page 80] so much concerned in honor, yet the Kingdom is much concerned in it, as a Power; and though I need not say much, yet I cannot passe by it and say nothing.

Of a Parliament.

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

This great Council did arise from the an­tient custom of, not onely the Saxons, but all Nations in the world almost, who have had examples of their King's summoning the chief Peers and Nobles to consult in weighty af­fairs. Which Councel among the Saxons was called [...], which was a Seld. Tit. of Honor, fol. 632. meeting of the chief Prelates and Peers, to deliberate about, and to consent to, what [Page 81] laws the King should enact: and advising in matters of State, giving Judgement upon suits or Complaints in the same Court, as is under­stood of the time of King Ine, (of West sexe) about 711. years after Christ.

And again, of King Ethelbert, his ordaining, Bed. Hist. Eccl. lib. 2. cap. 5. Decreta Judiciorum juxta exempla Romano­rum cum consilio sapientum. And when Edwin King of Northumberland, was perswaded to be a Christian, he consulted, cum Principibus & Ibid. lib. 2. cap. 15. Consulariis suis. He called to Councell his Princes, or Ealdermen, and Counsellors.

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

And again, in the time of Edward the Con­fessor, [...]. p. 77. the Parliament sate at London, Rex & omnes [...] Magnates; In which Parliament, the King attaches Earl Godwin, for that he had kil'd his Brother Alfred, and upon his pleading, and submission, the King refers him to the Judgement of the Court: who a long while debating it, to no purpose: at last, Leofri­cus Consul Cestriae, probus homo quoad Deum, & Seculum, (saith the Author) spake thus; Earl Godwin, is a gallant Person, and a man next [Page 82] the King, of the best birth in the Land; and it cannot be denied, but by his Counsell or De­sign, Alfred was slain; therefore my opinion is, that he with his son, and all we twelve Earls, that are his friends and kindred, do present our selves humbly before the King, loaden with as much Gold and Silver, as every man can carry betwixt his arms, to offer it up with supplication, for an expiation of the crime. Which being consented unto, and done; the King considering the reference he had made to the Court, ratified their act, and his pardon.

By which, we see their meetings was at the Kings summons; their power only deliberative in giving legall force, by consenting to what he should think fit to make a Law; and to advise de arduis Reipub: not that this force given by them, is to be understood otherwise, than that, because, it was enacted by their consent, it was the more binding over them: their consent otherwise, being no whit binding over the Soveraign's will, in the enaction; for it was his Volumus that made it; and let their Consultations rise to never so powerfull votes, and results; be the thing what it would, his Nolumus buried it in oblivion, which custom [...] ever continued, as a true Prerogative of the Crown. Nay, avisera le Roy, which is but, The King will consider of it, was enough to throw a Bill out of the House. Nothing en­acted by them, though by a generall consent [Page 83] of both Houses of Lords & Commons, being of any force, and that not only before, but after the Commons were brought in; which I find to be about the time of Edw. 1. his third year of In­auguration, See the Statute of the year, 1273. Seld. p. 117 an. Dom. 1273. Who in the 23. year of his reign, confirmed the Magna Charta, made by Henry the third, though Mr. Selden is of opi­nion, The first summoning of the Commons, was in the 49. year of Henry the third.

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

If it were an Act of Indulgence, or relief to Anno 18. 1. Edw. 1290. the Common-wealth, it run thus; Our Lord the King, of his speciall Grace, and for the af­fection that he bears unto his Prelates, Earls, and Barons, and others of his Realm, hath gran­ted that, &c. And sometimes, Our Soveraign Stat. de [...]: An. Reg. Ed. 20. Lord the King hath granted, and commanded at the Instance of the Nobles of this Realm, &c. No mention at all, being made of the consent of the Lords and Commons.

Then afterwards, thus they run, Our Lord the King, by the Counsel of his Prelats, Earls, & Ba­rons, & other great men & Nobles of his King­dom, in his Parliament hath Ordained & [...], [Page 84] &c. An. 33. Edward the first, 1307. and so along in other Statutes, the Commons not at all mentioned in the enacting any Statute; but as thus, in the beginning of Edward the third, At the request of the Commons of this Realm by their Petition made before him, and his Councel in the Parliament, by the assent of the Prelates, Earls, and Barons, &c. Untill the 23. of this Kings reign, in a Statute of Labourers, I find the Com­mons not mentioned, and then the power of Or­dination given to the Statute, still by the King, as thus, It is ordered by our Lord the King, by the assent of the Prelates, Farls, Barons, and o­ther great men, and all the Commons of the Realm, summoned to this Parliament, &c.

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

And then to signifie the Constitution of the An. 36. Ed. 1. Commons in Parliament, See the 37. of Ed­ward the third, where the Statute runs thus; The King at his Parliament, &c. at the request of An. 37 Ed. 1. & an 7. Rich. 2. Hen. 3. Ed. 4. Rich. 3. the Commons, and by the assent of the Prelates, Dukes, Earls, and Barons, and other Great men there assembled, hath Ordained, &c. and at the prayer of the Commons, &c. In which style, most of the Statutes run untill Henry the eight.

And for provision of the choyce of the Com­mons, in a Statute of the 23. of Hen. 6. is set down the form of Writ, by which they are summoned, where it is also enacted, That the [Page 85] Knights of the Shires for Parliament, hereafter to be chosen, shall be naturall Knights, or other­wise Vide Plow. den f. 121. such naturall Esquires, or Gentlemen of the same County, as shall be [...] to be Knights.

And every Knight that is elected, ought to be a resident of the place, for which he is ele­cted: and every man that is an Elector, ought to have forty shillings of free-hold, within the said County; and for the security of it, the Sheriffe hath power to put them to an Oath, Statute 8. of Hen. 6. cap. 15. upon the Evangelist, and the Election ought to be betwixt the hours of eight and nine in the Forenoon, and so of Burgesses.

The form of the Writ, is this; Rex Vic' &c. Salutem, Quia nostri [...] pro qui­busdam arduis & ur gentibus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae Anglicanae concernent' quoddam Parliamentum nostrum Westm. 12. die Novemb. proxim' futur' teneri Ordinavimus, & ibidem [...] Magna­tibus Proceribus domus regni nostri colloquium habere & tractare, Tibi praecipimus firmiter in­jungentes, quod, facta Proclamatione in prox­imo tuo post receptionem hujus literis nostris tenend' die & loco predicto duos milites gladiis cinctis magis idoneos, & discret' Com' praedict' &c. & electionem illam in distincte Crompt. Courts 16. vid Sta. de An [...] H. 6. cap [...]. & apertè sigillo tuo, & sub sigillis eorum qui electioni illi [...], [...] bis in Cancellaria no­stra & locum certisices [...]. And still, before they came up to the House, [Page 86] they signed Indentures to be true and faithfull to their King and Country, and the service thereof, upon a penalty, even to the last long Parliament of eternall infamy.

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

And as it is as great a flower of the Crown to summon Parliaments, as foedera, & bellum [Page 87] indicere, to make War and Leagues; which is so absolute, that it is resolved by all the Judges of 21 of Ric. 2. cap. 12. the Land, that the King may, before he is Crowned, (if by descent the Crown be his right) summon a Parliament, or within age; as was seen in King Henry the sixth, who sum­moned divers Parliaments in his 1, 2, 3, 4, 5, 6. years of his reign, yet was not Crowned till the eighth. He being then essentially King, Plowd. 221. 6. without any Ceremony or Act, ex post facto; and Coronation, but a Royall Ornament.

So the priviledges of Parliament, and of the Common-wealth by Parliament, are as great: for though we thus see the great Prerogative of a King, yet many things there are, which a King in his own Kingdome cannot do without a Parliament by the Laws, by which he hath Bract. ini­tio libri. bound himself; as the making any man heredi­table, or the altering the Common Law, or Customs of the Realm, though by his absolute Brookes prerog. 13. c. 73. & Stamff 72. authority, he may commit any man to Prison, during his pleasure.

Therefore, every Parliament-man, during the time of the Parliament, is priviledged from Dyer 60. Cromptons Courts. fol. 11. all disturbance of arrest for debt, or the like, and the servants of any Parliament man, as much as the Kings are.

And to this Parliament, for the further se­curity of the good of the Common-wealth, were ever admitted certain Judges of the Land, (though they had no Vote, which sate on Woolsacks) that as the Clergy in Spiritual­ties, [Page 88] so the Judges of the Law, in things of the Law, were to advise and determine, when any difficulty did arise. That what Laws should be Enacted, might be answerable to the Will of God, and not repugnable to the Customs of the Land.

And in our latter times, all Acts of Parlia­ment, though made by the King, have this style; By the consent of Lords and Commons; not­withstanding the Civill Law, saith, Quod Prin­cipi placuit, Legis habet vigorem, The will of the King, is the power of the Law.

Of Celestialls.

As for Celestialls, I shall skip over some of them, as Angells, Cherubims, and the like, because they are obvious enough to every man's judgment, when ever they are met with; as some of these examples are also.

[Page 137]

The first of these quarterings shews the ex­ample of Gules an Increscent Or, by the name of Descus.

The second Azure, the Sun in its full glory, by the name of St. Cleere.

The third is Azure the Moon decrescent proper, where the difference from the first is, from the contrary position of them, which is the same in the Firmament: And by this rule, any man at the first sight may know in what state the Moon is, though he never saw an Al­manack.

[Page 138] The fourth is Azure, a Moon in her com­plement proper.

The fifth Or, the Sun eclipsed Sables.

The sixth is Argent, the Moon in her Eclipse Sables.

The seventh Azure, a Ray of the Sun is­suing out of the dexter corner of the Escut­cheon bend-wayes proper; by the name of Aldham.

The eighth is Gules a chief Argent, at the lower part thereof, the Rayes of the Sun is­suing out of a Clowd proper; by the name of Lesone of Northamptonshire.

The ninth is Azure a Comet Or, streaming proper.

And unto these I have added one more Es­cutcheon of the like bearings, because of the rareness of them.

[Page 139]

The first is Azure, Jupiters Thunderbolt in Pale Or, enflamed at both ends proper, shaf­ted Saltyre-wayes, and winged Fesse-wayes, Argent.

The second Argent, a Rain-bowe proper, is­suing out of two peteet clowds in fesse Azure.

The third Gules a chief Argent, over all an Escarbuncle of eight staves-pommette and Flo­rette Or; which, saith Guillim, was the Coat-Armor of the Earls of Anjou, of whom was Geoffry Plantagenet.

The fourth is Or, six fire-brands, enflamed proper.

[Page 140] The fifth Sables, a bend Or between six Fountains proper, by the Lord Sturton.

The sixth Argent, a Cheveron Sables, be­tween three flames of fire proper.

The seventh is Sables, a Star of eight points Or, between two Flanches Ermin, and a Can­ton of Ulster; by Sir John Hubbart of Nor­folk.

The eighth party per bend Crenelle, pointed the one in the other Argent & Azure, four Crescents, by couples enterlaced, counter­changed.

The ninth Ermin on a chief Sab. three Cre­scents, arg.

Of Beasts.

NExt of Beafts, as, in my opinion, the most proper to order, as the more noble crea­tures; though, I confesse, it is contrary to Mr. Guillims Method. And of those, in the first place Lions, as the principall of them; which are diversly born, and from their severall po­stures receive a severall character of blazoning, which is cautiously to be observed, as well as in other things; and it is not difficult for any indifferent genius, without much dis­course; which would but make up a tedious [Page 141] prolixity to little or no purpose; when Ver­bum sapienti sat est, is a Proverb in every man's mouth.

The first example is of Azure, a Lion Ram­pant, Argent, being the Coat-Armor of Roger de Montealto, who was a Benefactor to West­minster-Abbey.

The second is Or, a Lion Sayliant Gules.

The third is Gules a Lion passant Guardant Or, which being the Coat-Armor of the Dukes of Aquitane, was joyned with the Coat of the Kings of England, by the [...] of Henry the [Page 142] second, being before two Lions, the posture and colours one; then indeed called Leopards, as they are most properly so called, (where they are not of Royall bearing) if they be more then one in a field, and Guardant, as [...] would have it: This same single Lion passant guardant, onely the colours contrary, as Or, a Lion passant guardant, Gules, says the Welch petegree, was the Coat-Armor of Rode­rick the great Prince of Wales, in the year 843. By which account, Coat-Armor hath gained a great Antiquity.

The fourth example is of Lions passant, and not guardant, which is Gules, two barres Er­min in chief, a Lion passant party per pal Or, & Argent, by the name of Hill of Norfolk.

The fifth is Gules, a Lion Seiant Argent.

The sixth is Or, a Lion Couchant. Gul.

The seventh is Azure, a Lion Dormant, Or.

The eighth is Or, a Lion Rampant regarding Coward, Sables.

The last is Gules, a tri-corporated Lion issu­ing out of three corners of the field, and meet­ing under one head in fesse Or; which was the Coat-Armor of Edward Crouchback Earl of Lancaster. Lions are sometimes with the tail elevated over the head, sometimes with the tail forked, and sometimes you shall meet with Demy-Lions, which is half Lions passant and Rampant, and sometimes heads, erased or couped; but if Cabossed, then they are ever [...] Leopards heads, as in these examples.

[Page 143]

The first Azure on a chief Or, a Demy-Lion Rampant issuant out Gules, languid and armed of the first, by the name of Markham.

The second is Azure, three Demy-Lions pas­sant guardant, Or, languid, and armed Gules, by the name of Hammon of Acris in Kent.

Now the French are so severe, that they will not allow the tearms of Lion to any, either Whole or Demy, that are guardant; but, I think, without reason.

The third is Or, out of the midst of a Fesse, Sable, a Demy-Lion Rampant Nais­sant [Page 144] Gules languid and armed, Azure.

Where it is proper to take notice, that if it be armed or languid by any other colour than the body, unlesse Gules, it is a blemish to it; but Gules, signifying blood, addes to it. So it is an abatement if it be without tongue, teeth, or claws.

The fourth is Verry, Argent & Azure, on a pale Gules, three Leopards heads Or, by the name of Ockould.

The fifth is Azure, three Leopards heads cooped Or. This Coat is in the Walk under Lincolns Inne Chappel, and I think is very rare.

The sixth is Azure a Cheveron, betwixt three Lions he ids erased Ermin, crowned Or; the Coat-Armor of [...] worthy Benefactor of Pauls, Sir Paul Pindar.

The seventh is Sables, three Lions tails era­sed Argent, by the name of Cork.

The eighth is Gules, a Cheveron betwixt three Lions paws erected and erased within a bordure Argent, in a chief of the second, an Eagle displayed Sables, by the name of Brown.

The ninth is Sables, two Lions paws, one issuing out of the Dexter, the other out of the Sinister point of the Escutcheon in Cheveron, Arg. armed Gules, by the name of Frampton.

There is one rule more that hath been by some, both antient and modern Heralds, ob­served, concerning the blazoning of Lions; which is, That if above one Lion be in a field, [Page 145] they must be termed Lyoncels, that is, young-Lyons; because the spirit of a Lyon is full of Majesty, and admits no co-partnership in one Territory. But they make two exceptions to this generall rule, that is, When any Ordinary parts them; and, When it is the Coat of a Mo­narch; to which last I must concede, from his argument which is propter Regiae Maejestatis dignitatem. But for the former, it cannot al­wayes hold according to their own argument, without an absurd contradiction. As for ex­ample; Mr. Guillim blazons a Coat thus, A fesse Wavy betwixt three Lyons passant, where­of three is but one barred from the other. But I must be forc't to beg pardon, and to accuse him again, and by it lay down one exception more; in the Coat of Wickombe he blazons thus, Two Lyoncels rampant com­bant. When as in ordinary reason, accord­ing to his own argument too, being in a fight­ing posture, they deserve the name of Lyons. As I should be bold to blazon my own Coat, being the same, only the colours contrarily disposed, as Azure, two Lyons Combatant Or, languid and armed Gules.

I confesse, where I find them indorsed, as in that which he believes to have been the Arms of Achilles at the siege of Troy, I think it much reason to blazon them Lyon­cels.

For other examples of beasts, I shall only adde one more, which is,

[Page 146] First Argent, [...] a Mount proper a Stagge lodged Gules, by the name of Hart-hill.

The second Arg. a Stagge tripping armed and unguled Or, by the name of Holms.

The third is Vert a Stagge stripping proper Or, by the name of Gilsland.

The fourth is Argent, an Unicorn seiant Sab. armed and unguled Or, by the name of Har­ling.

The fifth Azure, a Stagge at gaze Gules.

The sixth is Vert, a fesse between three Bucks, in full course Or, by the name of Ro­bertson.

[Page 147] The seventh is Argent a Lyons head erased Gules, by the name of Gowis: this is the most honorable bearing of the heads or limbs, be­cause it is said to be torn off from the body.

The eight is Gules, three Unicorns heads couped, Argent.

The last is Gules, a Cheveron betwixt three Bulls heads Cabossed Argent, armed Or; by the name of Baynham.

Of Birds.

THe second sort of the most Noble sensi­tives are Foules of the Ayr: all which I shall comprise in a very short example. On­ly, by the way, this note is to be observed; that as I have disposed them all into an order; so are they in degrees of excellency in Armory. And again when any quick things are born, it is most commendable when born in the most generous and noble action, or the most proper to its nature.

[Page 148]

Of these the first is Sables a Swan with her wings expansed Arg. membred Or, within a bordure engrayled of the same, by the name of Moore.

The second is Ermin an Eagle displayed, Gules, armed Or.

The third is Sables, a Goshawke, Arg. perch­ing upon a stock fixed in the base point of the shield, of the second, armed Jessed, and belled Or.

The fourth is Gules, a Pelican in her nest with wings displayed feeding her young Or, vul­ned [Page 149] proper, by the name of Carn of Wenny in Glamor ganshlre.

The fifth is arg. three Peacoks in their pride proper, by the name of Pawne.

The sixth is arg. a Heron volant in fesse, azure, membred, Or, between three Escoliops shels, Sables.

The seventh is Gules, three Cocks argent, Armed, Crested, and Jellopped Or. This was the Coat Armor of that reverend Dr. Cocks, Bishop of Ely, in Queen Maries, and Queen Elizabeths times.

The eighth is Gules, two wings inverted and conjoyned Or.

The last is Or, on a bend Sables, three Estridge feathers, passing through as many escrowls of the first.

Many other Birds, as well as Beasts, are used in the infinite variety of Coat Armour, but by the observance of these examples they will be all understood.

Of Fishes.

MR. Leigh observes this general rule in blazoning of Fishes, That all Fishes that are born feeding should be [...] in blazon Vorant, or devouring: because they swallow without chewing; and that what they devour should be named,

[Page 150] These are, as Beasts, born in divers postures; as Nayant, which is swimming upright, em­bowed, extended, endorsed, trianguled, and fretted, &c. As in this following demonstra­tion.

The first is Argent three Eeles Nayant in pale Sables, by the name of Ellis.

The second is Sables, three Salmons hauri­ant Argent, by the name of Salmon.

The third is Azure, a Dolphin Nayant, em­bowed, Argent, by the name of Fitz-James.

The fourth Argent, two Barbels Hauriant, [Page 151] respecting each other by the name of [...].

The fifth Gules, two Pikes hauria ntendor­sed, Or.

The sixth three Trouts fretted in triangle Arg. by the name of Troutback.

The seventh is Arg. two Lobsters clawes in Saltyre, the dexter surmounted of the sinister Gules, by the name Tregarthick.

The eighth is Arg. a Cheveron engrayled, [...], betwixt thre Crevices, Gules.

The ninth is Sables, a fesse engrayled betwixt three Welkes, Or, by the name of shelly.

Thus are all manner of Shell-fishes as well as others. And some times, Reptibles, and Insects, all manner of Flyes and Grashoppers; But their blazon is obvious enough to every mans judgement, that can distinguish one from another when he sees them, therefore it would be but an unnecessary intrusion in this place.

Vegetables.

I Shall not need here, I hope, to run over all parts of Philosophy, and Diviniry, and to tell what Trees are, and their Natures; For as they are not discourses pertinent to this place; so Mr Guillim, as well as my self might have [...] every ingenious man as know­ing as himself in it; or at least [...]: And [Page 152] to none other do I submit my endeavours. I shall only trouble the Reader with their various bearing, in the examples of some few, which will direct to all others,

And herein the first is Argent, on a mount in base a Pine-tree fructed proper, by the name of Pine.

The second is Gules, the trunck of a tree in pale eradicated and cooped, Sprouting out two branches Arg. by the name of Stockden of Lei­cestershire.

The third is Arg. three sterved branches slip­ped Sables, by the name of Black-stock.

[Page 153] The fourth is Arg. a Cheveron Gules, be­tween three garbs of the second, by the Lord Sheffield Earle of Mougrave.

The fifth is Sables, three Lillies slipped Arg. the Coat-Armor of Winchester Colledge.

The sixt is Arg. a Cheveron Sables, between three Columbines proper; by the name of Hall of Coventry.

The seventh is Arg. a fesse Nebule between three trefoyls slipt Gules, by the name of Thorpe of Glocestershire.

The eight Arg. [...] Holly leaves pendant proper, by the name of Inwine.

The ninth, a fesse Arg. three Apples trans­posed in base Or, by the name of Harwine of Devon.

Of Monsters:

ANd here before I proceed to dead and artificial things, I think it proper to take observation of some Monsters in nature, which are often born in Arms.

[Page 154]

And the first of these is Arg. a Griffen ram­pant with wings displayed Sables, by the name of Morgan.

The second is Arg. a Wiverne, his wings displayed, and tayl nowed Gules, by the name of Drake.

The third is Sables, a Cockatrice displayed Arg. membred and Jolloped Gules, by the name of Buggine.

The fourth is Arg. a Rearmouse displayed Sables, by the name of Backster.

The fifth is Arg. on a bend Gules, three mens [Page 153] heads horned Or, by the name of Wittall, or Witwell in Yorkeshire.

The sixth is Azure, a Harpy displayed, cri­ned, crowned and armed, Or.

The seventh is Arg. a Mermayd Gules, cri­ned Or, holding a Mirror in the right hand, and in the cleft a Comb, by the name of Ellis.

The eight is Gules, a bend engrayled Arg. between three Leopards heads Jessant Flower­de-luce, of the second, by the name of Dennys.

The ninth is Gules, three Leopards heads vorant, as many Flower-de-luce Or, which, saith Guillim, belongs to the See of Hereford.

Of the parts of Mans Body.

THere are sometimes whole figures of mans body, born in Coat Armor, as for ex­ample, the arms of Sevil in Spain, which is Or, a King enthronized on his Seat Royal Azure, Crowned and Sceptred, and invested of the first the doublings of his Robe Ermine.

The Arms proper to the Episcopal See of Salisbury, is Az. the Virgin Mary with her Son in her right arm, and a Scepter in her left hand, all Or.

But the like of these are very seldom seen, only the leggs, armes, hands, and other de­sected members are often met with, as in [Page 156] these following examples I have demonstra­ted.

The first is Gules a Saracen's head erased Arg. environed about the Temples with a wreath of the second and Sables, by Mergith of Wales.

The second is Arg. a Fesse Gules, betwixt three Hearts vulned, distilling drops of blood, on the sinister side proper.

The third is Gules, a Heart betwixt two wings displayed Or.

The fourth is Gules, three dexter arms con­joyned at the shoulders and flexed in triangle, [Page 157] Or, with the fist clinched Arg. by the name of Tremain of Devonshire.

The fifth Arg. a mans leg erased at the thigh, Sables, by the name of Prime.

The sixth is barry of six, Or & Sab. over all a pale Gules, charged with a Womans Dug, distilling drops of milk proper, by the name of Dodge.

The seventh is Arg. a Cheveron Sab. between three Blackmores heads couped at the shoul­ders proper, by the name of Ives.

The eighth is Arg. a Cheveron Gules, betwixt three Periwigs Sab.

The ninth is Barry nebule of six pieces, Az. & Arg. as one chief of the second, three eyes, Gul. by Delahay.

If those drops are charged distinctly in any field, as sometimes they are, and sometimes the field all over, you are to blazon them dif­ferently according to the colour, as, if San­guine, then Gutte de Sang. which is, drops of blood. If Arg. then Gutte de l' aue, drops of water.

Or, Gutte de Or, drops of Gold.

Az. Gutte de Lermes, drops of Tears. Guillim.

Vert, Gutte de Vert, drops of Oyl-Olive.

Of Artificiall things.

HAving thus cursorily run through these examples, yet I hope sufficiently enough, for the satisfaction of an Ingenuous Reader; I now come to the artificiall varieties, of bearing in Coat-Armour. Which since they are as numerous almost as the conceits of inge­nuity: I must be excused from inserting the in­finite examples of them, yet I shall propose some, and let the eye of the observing Student make up the defects of the rest, as it may well do.

[Page 159] The first is Arg. a Cheveron Gules, betwixt three Ducall Caps, Azure doubled indented Ermin.

The second is Arg. a Mantle of estate, Gules, and doubled Ermin, ouched or garnished with strings tassals of the same.

The third, the Arms of the Archbishop of Canterbury, which is Azure, a staffe in pale Sol, and thereupon a crosse Patree Arg. surmounted of a Pall of the last, charged with four other crosse pattees fetched Sables, edged and fringed as the second.

The fourth is Arg. on a bend Vert, betwixt six crosse crosselets fitched Gules, three Crosier staffs, by the name of Peare.

The fifth is Arg. three Chaplets Vert, by the name of Richardson of Shropshire.

The sixth Azure, a Maunch, Or, by the name of Conyers.

The seventh is Gules, three Garters buck­led and nowed Arg. by the name of Sydemer.

The eighth is Gules, six Annulets, three, two, and one, Or, this is quartered by the Earls of Cumberland.

The ninth is Gules, three tassals Or, by the name of Wooler.

Of Military things.

IN the next, are those that represent exam­ples of Military things born in Armour, both of Land and Sea.

As first Arg. a Tower triple towered, Sab. chained transverse the port Or, by the name of Oldcastle.

The second Or, a Castle [...] towred Gules, [Page 161] the port displayed of the field leaved, Arg.

And here is to be noted, that it is never blazoned a Castle, but when it extendeth it self crosse the whole field, and sometimes you shall find a single Tower not turretted, as the first, in the Coat of Sir Richard Mans­field.

The third is Gules, three single arches Arg. their capitals and pedestals by the name of Arches.

The fourth Or, a bridge of three arches in fesse Gules, masoned Sables, the [...] proper, on it a fane Arg. by the [...] of Trowbridge of Trowbridge.

The fifth Sables, a Cheveron between three tents Arg. by the name of Tenton.

The sixth Arg. a sweep Azure, charged with a stone, or by the name of Magnal.

The seventh Or, a pillar Sables, enwrapped with an Adder Arg. by the name of [...].

The eighth is Arg. three battering [...] bar­wayes proper, headed, Az. armed and [...] Or, by Robert [...] Earl of Lyndsey.

The ninth Azure, three murthering chain­shots Or, this is quartered by the Earl of Cum­berland.

There are many other things born; as tilt­spears, sometimes with penoncels, and some­times without; Drums, Fifes, Trumpets, Can­nons, Bows, Arrows, and the like: but their blazon is easie to every eye, that knows any thing of Armory.

Of Maritine things.

OF things belonging to the Sea, I have these examples.

The first Gules, three pieces of Masts cooped with their tops Arg. by the name of Cromer.

The second Gules, three Sayls Arg. by the name of Cavill.

The third Azure, a Rudder of a ship Arg.

[Page 163] The fourth Gules, an Anchor in pale Arg. the cros-piece Or, by the name of Goodred.

The fifth Or, a Lighter- [...] in fesse Gul.

The sixth Gules, the hull of a Ship, having only a main Mast, and a top, without tackling Or. This, saith Guillim, is the Coat-Armor of the Duke of Alasco in Polonia.

The seventh is Arg. a ship with three masts a sayl furld and hoysted to the main top shroud­ed Sables, by the name of Mercers.

The eigth his Azure, a Galley passing under sayl, Or.

The ninth is Arg. a Cheveron Gules, be­tween three Murriours Azure, by the Lord Brudenell.

Of Mechanical things.

THe last example, that I shall insert, is of other more ordinary Mechanical things.

[Page 164]

The first is Arg. a Cheveron between three Palmers scrips Sables, the tassels and buckles Or, by Sir Henry Palmer of Kent.

The second is Gules, a Cheveron between three Irish Broges, Or.

The third is Sables, three Pickaxes Argent, by the name of Pigot.

The fourth is Arg. a fesse between three pheans Sables, by the name of Rowdon of York­shire.

The sixth is Sables, three bels Arg. by the name of Porter.

[Page 165] The sixth is Azure, three Howboys between as many crosse crosselets Or, by the name of Bourden.

The seventh is Or, on a bend Az. three Ka­therine Wheels Arg. by the name of Rudhall.

The eighth Az. three levels with their plu­mets, Or, by the name of [...].

The ninth is Arg. three bezants, on a chief [...], by the name of [...].

And here we are to take notice, that if these roundals are charged in counter-changes as be­fore, then they are only called Roundals: but if any other [...], as in this example, they are of a various blazon according to their colors, as thus.

And thus much I think sufficient to be said of the examples of Charges in Coat-Armor. In the next place, I am to shew the differences of Helms, which distingnish in some part the ho­nor of the bearer in his degree. The Crowns and [...], differing more particularly the highest [Page 166] degrees of Nobility, I shall also exemplifie in the conclusion of this discourse; and I hope shall raise, in some measure, a relation to the old proverb, Finis coronat opus.

Of Helmets.

THe differences of Helms is always exprest, when the Crest is given: and by this diffe­rence a Gentleman is known in his degree by his hatchment, as much as these following ex­amples [...].

These Helmets are sometimes called cask and timbers; by the French, Helenum; by the Ro­mans, Cassidem; by the Greeks, Galeam, a Co­vering for the head in time of war; and our man­ner of bearing crests on them is from their an­cient fancy of adorning their Helmets with some kind of monstrous Device: as the Head or mouth of a Lyon, the paws or horns of cer­tain beasts; to appear more terrible. And that which we call Mantle, is not, as some doe ridiculously suppose, the Vestment which they usually had to wear over their atms in War; or, as some would have it, to secure their shield from weather; but from this originall, that Princes and chief Commanders used to adorn their Helmets (according to their qualities) with rich buckles, studs, and circlets of gold, garnished with rich and costly stones, and on [Page 167] the top or crests of them, wreaths of corded Favin p. 1. ca. 3. fol. 24 [...]; being the Liveries of their Ladies and Mistrisses, as also some curled [...] of hair, and those Cordons (like waving scarfs) dangled down behinde them on the Cruppers of their Horses, the ends being fairly tasselled and en­riched, many times with Pearls and precious Stones: and thus especially they rid upon dayes of Triumph.

But in Germany and many other places where the laws of Honour and Armory are severely ob­setved, a mean Gentleman or new Atchiever is Ib. p. 25. not permitted to bear Helm, Mantle, or Crest, but by special favour.

The first differs from the 2. in that it is a side [Page 168] standing helmet with the Beaver close, which is for all Esquires and Gentlemen.

The second, is the common fashion of Knights, which is a helmet standing direct forward with the [...] open without guards.

The third, is a side-helmet open-faced guarde­visure, which is proper for all persons of the Nobility, beneath a Duke and above a Knight.

The fourth is the Helmet of Persons exe­cuting Soveraign Authority, which is a Helmet which is full forward open-faced, guarde-vi­sure: which belongeth also to Princes and Dukes.

In this manner are all Degrees obviously differenced to every mans judgement in all hatchments. And, if they be above the degree of a Knight, that these do not distinguish to par­ticulars; then they are also understood by their [...] and Crowns.

Of Crowns and Coronets.

The first whereof is the Crown of the Em­pire of Germany, which is but little different from that of England in the second, which is Emperial too.

The third is that Coronet of the Prince which is the same with the Kings, only the arches, mound, and crosse, wanting.

The fourth is the Crownet of an Archduke, [Page 170] which is the same with a Duke, the Arch only added.

The fifth is a Crownet floral, only proper to a Duke.

The sixth is the Crownet of a Marquesse, which differs thus, It is of leaves and points, the leaves or flowers above the points.

The seventh is proper to an Earl, which hath points and flowers; but the points are above the flowers.

The eighth is due to a Viscount, which is a Circulet or Coronet pearled, and neither flow­ers nor points.

The last is the form of that Crown, which is found to be in fashion in the time of William the Conqueror. Which I have inserted to shew the difference betwixt the Crown Imperial of England then, and now.

As to the antiquity of these Crowns or Diadems, as notes of Regality: I finde not any where a just authority to assure me of their Origination: but, that there were Crowns, long before Tragedies were in use, is to me very evident; though Sir William Segar is of opinion, the use of them came from thence. Hon. Mil. & Civ. p. 213. Yet, that the use of them in these parts of the World, might come from the giving of Crowns in Triumph, and Lawrels or Wreaths for Vertue, is very probable, which was a thing very frequent, and of very great anti­quity among the Romans; and hath conti­nued, [Page 171] and been exercised in the Empire since the translation to Germany, and that with much Ceremony, as in the example of Joannes Cru­sius, his receiving the Laurel as Stratsburgh an. 1616. See Mr. Selden his Titles of Honor, where it is at large, fol. 402.

Which custom hath since been in these parts, and indeed long before that time were Crowns given to Poets here; as, witnesse the example in St. Mary Overies Church, where one John Gower a Poet in Richard the seconds time hath a Statue crowned with Ivie mixed with Roses; but since it is more commonly used of Laurel. Though the Crown of Laurel or Bayes was first appropriated to him that triumphed for victory in the field. At which time, distincti­ons of Crowns were observed according to the variety of merit. As Corona Muralis, this was due to him that was first seen upon the Wall of the Enemy. Corona Castrensis, for him that made a breach in the Castle of the Enemy; the first a Crown embattail'd, or made with battailment being of Gold, the other of Tow­ers; And then they had Corona Navalis, gar­nished with Fore-castles for service at Sea, made of Gold too.

Then Corona Ovalis of Myrtle; for victory, gotten with little hazard: Corona Obsidialis, which was made of grass for him that had preser­ved an Army besiged. Corona Civica, for him that saved a Citizen from the Enemy, made of Oaken [Page 172] boughs: Corona Olivaris of Olive leavs, for vi­ctory in the Olympick games: And Corona Po­pulea, for young men that were found industri­ous and studious in the exercises of vertues. But I find that amongst these rewards of ho­nor, the Crown made of Ivy, called Corona Hederalis was only appropriated to the Poets; and here we see the great encouragement given to Vertue, which was an age doubtlesse, when it was much exercised in all its species. When vertuous moderation received an estimation in the minds of young Nobility, before [...] voluptuousnesse. And Honor more aimed at by steps of Vertue, than the engros­sing parsimoniousnesse, or expending profuse­nesse of the [...] and unsatisfying uncertainty of riches; [...] doubtlesse a most Noble Age. And why should any man make himself so [...] concern'd in the true honor of his creation, as to set himself so little before the irrational [...], as the Examples of ou idle and [...] Age do too often demonstrate, whilest all men naturally are ambitious of honor? And why should not any man blush to be seen reaching at it (that is only the recompence of vertue) till by some virtuous testimony he hath declared his desert? Certain I am, no generous and noble spirit ever breathed in any age, that did not present some opportunities of exercising virtue in one degree or other; and the reward in some measure is ever a con­comitant [Page 173] to Heroick and Ingenious merit. Or should it, in some case, fail the truly generous soul, though it misse its reward, yet it thinks it honor to have deserved Honor, and satisfies it self with that encouragement.

Thus I have given a succinct account of all manner of Bearings. Some will here ex­pect, that I should now lay down rules to dis­cover the worth of the Atchiever, by the na­ture of the Atchivement; as Guillim, and others have [...]. It may be conjectured, how far a Coat-Armor is more or lesse honorable, by [...] of worth in the thing born; but [...] farther, from thence to a [...] of the quality of the merit, for which that [...] was a reward, is altogether uncer­tain. Therefore; for conclusion, I shal instance one Escutcheon of Examples more, which I think (though not difficult to blazon) not easily reducible to any such judgement, yet the Families well known of noble and [...] Descent.

The first is Sab. a Crosse engrailed Or, in the dexter Cant on a mullet Arg. an Inescut­cheon of Ulstre, the addition of a Knight Baro­net, being the Coat-Armor of Sir, Tho. Peyton of Knolton in East-Kent, Knight and [...].

The second is Ermin on a chief Azure, three Lyoncels Rampant Or. The atchivement of Sir Anthony Aucher of Little-bourn in East-Kent.

The third is barry of twelve Or, and Sable, by Sir James and Sir Thomas Thynne of Long leak in Wiltshire.

[Page 174] The fourth is Arg. on a Cheveron Sab. three Escollop-shels Or, between three peelets, char­ged with as many Martlets of the first; all with­in a border Vert, by Anthony Hammon of St. Albons in East-Kent Esq.

The fifth is Arg. on a bend Az. three [...] heads cabossed Or. On an Escutcheon of pre­tence, Arg. a Cheveron Sab. betwixt three Ra­vens, by Thomas Stanley of Cumberlow in Hert­fordshire Esq the paternal coat his right by de­scent, (with the distinstion of the third house) [Page 175] of the Earls of Derby, the Escutcheon of pre­tence as by match with the daughter and heir of Sir James Enyon of Flower in Northampton­shire.

Where observe, that although a man marry the daughter and heir of a Coat-Armor, yet he hath not the power of quartering it, but on­ly to empale it, or bear it thus in an [...] of pretence; the liberty of quartering, being in the heir, who enjoyes both their Coats by right of blood. Observe also, that if any thing be thus hid by an addition either Can­ton or Escutcheon of pretence, it is notwith­standing to be nominated, That no detriment be to the Coat.

The sixth is Gules, three barbed arrows Arg. headed Or, by Edward Hales of Tunstal in Kent, Esq

The seventh is Arg. a Cheveron between three Milrines, Sab. by Roger James, of Rigale in Surrey, Esquire.

The eighth within a bordure bezanty Sab. Arg. an Imperial Eagle, by the Family of the Killigrews, in Cornwall.

The ninth Arg. a fesse Ermines between six Mullets, Sab. by Steven Penckhurst of Bux­sted in Sussex, Esquire.

And now I hope I have not passed by any one thing that can be called pertinent to this discourse without some touch: perhaps, satis­factory enough to any indifferent contemplati­on.