BEING deſirous for my own particular ſatisfaction to ſearch and inquire after reverenced Antiquity, it was my happe to light on an old manuſcript, which although in ſound is Saxon-like, yet in ſome thing it ſavours of the Daniſh matters, & of the ancient Britiſh Laws under the rule and government of the Danes: which writing writ in the Saxon tongue, I have tranſlated into Engliſh word for word, according to the true ſence and meaning thereof.

IT was ſometimes in the English Laws, that the People and the Laws were in Reputation: and then were the wiſeſt of the People Worſhip-worthy, each in his degree, Lorle and Chorle, Theyn and underthem. And if a Chorle ſo thriued that he had full fiue hides of his own Land, a Church and a Kitchen, a Bell-houſe & a Gate, a ſeat & ſeverall offices in the Kings Hall; then was he thenceforth the Theyns right worthy. And if a Theyn ſo thrived that he ſerved the King, and on his meſſage, or journey rod in his houſhold; if then he had a Theyne that him followed, who to the Kings expedition fiue hide had, and in the Kings Pallac his Lord ſeru'd, and there with his errand had gone to the King, he might after ward with his fore Dath his Lords part play at any need. And if an Theyn ſo thriued, that he became an Earle, then was he right forth an Earle right worthy. And if a Merchant ſo thriued that he paſſed thrice ouer the wide Sea of his own craft, he was thenceforth the Theyns right worthy: And if a Scholler ſo thriued through learning, that he had degree, and ſerued Chriſt, he was thenceforth of dignity and peace ſo much worthy as there to belonged, unleſſe he torfeited ſo, that he the uſe of his dignity might be taken from him.

Theſe ruines of Antiquity make ſhew of a perpetuity of Nobility, even from the beginning of this Iland: but times are changed, and we in them alſo. For King Edward the Confeſſor, laſt of the Saxon blood, coming out of Normandy, bringing in then the title of Baron, the Thayne from that time began to grow out of uſe; ſo at this day men remember not ſo much as the names of them. And in proceſſe of time, the name of Baronage began be both in dignity and power ſo magnificent above the reſt; as that in the name of the Baronage of England, all the Nobility of the Land ſeem'd to be comprehended. As for Dukes, they were (as it were) fetcht from long exile, and againe renew'd by K. Edward the third. And Marqueſſes and Vicounts were altogether brought in by K. Richard the ſecond, and K. Henry the ſixt.

But our Kings deſcended of the Norman blood, together with the Crown of the Kingdome, granted an hereditary and ſucceſſory perpetuity unto honourable titles; ſuch I meane as are the titles of Earldome, and Baronies, without any difference of Sex at all, which thing I thought good to make manifeſt by the examples of the more ancient times. In the reckoningup whereof that I may the better acquit and discharge my ſelfe, I ſhall in the Firſt place deſire the Reader to obſerve three things. Firſt, concerning the diſpoſition and inclination of our King in the creating of the Nobility. Second, of the Cuſtome of transferring of Honours & dignities by Families. And Thirdly of the force of time, and the change and alteration of things. For why, our Kings (who in their Kingdomes beare alone the abſolute rule and ſway) are with us the efficient cauſes of al Political Nobility. The titles of named Nobility by our Cuſtome, have this naturall and common, together with the Crown it ſelfe, that the Heires Males fayling, they devolve unto the Women except in the firſt Charters it be in expreſſe words otherwiſe provided; and yet ſo that regard is alwayes to be had of the time, which is every where wont to beare ſway in the formality of things.

In this manner (Harold being overcome) William the firſt King, and Conquerour, having obtained the Soveraignty according to his pleaſure, beſtowed dignities and Honours upon his Companions and others; ſome of them ſo connext and conjoynd unto the Fees themſelves, that yet to this day, the poſſeſſors thereof may ſeem to be innobled even with the poſſeſſion of the Places only: as our Biſhops at this day, by reaſon of the Baronies joynd unto their Biſhopricks, injoy the title and preheminence of Barons in higheſt Aſſemblies of the Kingdome in Parliament: he gave and granted to others Dignities and Honours, together with the Lands, and fees themſelves. He gave to Hugh Lupus his Kinſman (a Norman) the Earldome of Cheſter. Ad conquirendum et tenendum ſibi & Haeredibus, adeolibere per gladium, ſicut ipſe Rex tenuit Angliam per Coronam. To Hanus Rufus (then Earle of Brettaine in France) and his Heires the Earledom of Richmond. It a libere et honorifice, uteundem Edwinus. Comes anteatenuerat. And the Earledome of Arundell (which Harald poeſſeſſed) he granted, with a fee unto Roger of Montgomery. The firſt two of which Honours (the Heires male fayling) by Women paſſed unto other Families: But the latter Earldome, Robert the Son of Roger being attainted of Treaſon, returned unto King Henry the Firſt, who gave the ſame in Dowry unto Queen Adeliza his wife. But the ſucceeding Kings, more ſparingly beſtowed ſuch dignities, to be holden of them in Fee, granting for the better and more honourable maintenance of their ſtocke add honour, the third part of the pleas of the Countie (as they term it) which they in their Charters cal Tertium denarium, or the third penny: ſo that he that received the third penny of any province, was called Earle of the ſame; and ſo by cuſtome the Women, the Heires male fayling.

And if any Earle or Baron dying without Sons, had many Women his heires, howſoever order was taken either by way of Covenant, or partition, concerning the Lands & poſſeſſions, according to the Common Laws of the Kingdome, yet the dignitie and Honour (a thing of it ſelfe indiviſable) was ſtill left to be diſpos'd of, according to the Kings pleaſure, who in beſtowing there of uſually reſpected the prerogative of birth: by which right, K. Henry the third after the death of Iohn the Scot, dead without iſſue (other Lands and revenews being by agreement given to his three Siſters) united the Earldom of Cheſter with the honour thereof unto the Crown. This is manifeſt in the Earldome of Arundell, which (after Robert Be liſme Son to the aforeſaid Roger Mountgomery driven out by Henry the firſt) K. Henry the ſecond beſtowed upon william of Albine. Q. Adeliza his Mothers husband, and by a new Charter, confirmd it in fee, together with the Inheritance to him and his Heires, with the third pleas of Suſſex, whereof he created him Earle. But Hugh the great, Nephew of this william the firſt being dead without iſſue, all the Earldome was divided among his foure Siſters, whoſe dignitie and honour for all that, together with the Caſtle of Arundel, was by Edward the firſt, at length given to Richard Fitz-Alan (the Nephews Sonne to Iohn Fitz-Alan, and Iſabell the ſecond of the aforeſaid Siſters.

I will now paſſe from Henry the third to Edward the firſt his Sonne, there being for a time great diſſention betwixt him and certaine of his Nobility, viz. Gilbert of Clare Earle of Hartford and of Gloceſter: Humphrey of Bohun Earle of Hereford and Suſſex, and Conſtable of England; and Roger Bigod Earle of Norfolke, Marſhall of the Kingdome: and that all thoſe Noblemen at length, had loſt their Earldoms and Offices, they being reconcil'd to the King; afterward they againe by new Charters received the ſame in this manner. The firſt of them to himſelfe and Ioane his Wife, the ſame K. Daughter, his ſecond wife, for term of both their lives; & to the children to be by both of them begoten (his two Daughters by his firſt wife being excluded.) This Ioane (called Ioane of Acon) bare unto h •… thuſand Gilbert a Sonne called alſo Gilbert; but ſhe the ſecond time ſecretly marryed unto one Ridulph, of Mont Hermeri (without the King her Fathers knowledge) and in her own right, made the ſame Radulph Earle ſo long as ſhe lived: but ſhe being dead, Gilbert her Sonne by the aforeſaid Gilbert ſucceeded againe into the Earldome, Radulph his Father in Law being yet alive. In the ſame mannner he reſtored to the aforeſaid Humphrey of Bohun his Earldome and Conſtableſhip, unto whom he alſo gave in Marriage Elizabeth another of his Daughters, Widdow, to Iohn Earle of Holland: and to the third he reſtored the Earldome of Norfolke, and the Office of Marſhal, with the yearly increaſe of a thouſand marks, upon condition if the heires male of his body to be begotten fayling, both ſhould return againe to the King. At length this Roger dyed without iſſue, in the xxxv. yeare of him, the ſaid Edward the firſt, viz. in the laſt yeare of his raigne: and K. Edward his Sonne, the ſecond of that name, both by a new Creation and Charter, gave the Earldome and the Marſhallſhip to Thomas of Brotherton, and his heire male.

Theſe things I have thus propounded, thereby to ſhew how according to the diverſe diſpoſitions of Princes, and change of times, it hath by little and little varied in the firſt beſtowing of dignities and honours: Of which thing (that new Law) and to them of ancient time unknown, made by King Edward the firſt, ſeemeth afterward to be of no ſmall moment, whereby, he favouring certaine private men, more carefull of their own ſirname, then of their poſterity, it was thought good by him to decree to make Fees to belong to men only. That Law which I would in latine call Gentilitium Municipale, and which the Lawyers commonly call Mis taliatum, and Talliabile; or the Law of cutting off: for that it cutteth off Succeſſions before generall, and reſtraineth them to the particular heires of Families, which ſeemeth to have given an occaſion of change in the giving and beſtowing of dignities and honours. For ever ſince that time, in the Creating of any new Earle, it is begun to be altered by expreſſe words in all Charters, provided, that it ſhalbe but for terme of life onely, or diſcend unto the heires males alone, the women being quite excluded. And for this I need not examples to prove; for why, the thing it ſelfe proveth the ſame. But the force and efficacie of this Law of Entaile (or of cutting off) I have thought good thus in few words to declare.

And what I have ſayd concerning Earles, the ſame may be ſayd alſo of Barons, created by Charters, but in Barons created by Reſcripts, or writs of ſummons, yet reſting upon moſt ancient cuſtom not ſo.

For in them (one onely excepted, ſent forth to Henry Bromflet, wherein it was provided him, that ſame Henry and his heires Male of his Body, lawfully begotten, onely to be Barons of Veſey) women the heires Male fayling, were not in ancient time forbidden, orimbarred, but that they might be accounted, and by name ſtiled Honourable, with the preeminence of the dignity, and calling of Barons: and after they had borne a Child, according to the ancient favour of our Lawes, (and the cuſtome of the Kingdom) graced their Huſbands alſo with the ſame honour, and with the ſame by Inheritance, ennobled their Children, yea without the poſſeſſions of thoſe places, from whence the name of ſuch dignities and honours may ſeeme firſt to have riſen. For fees and Locall poſſeſſions circumſcribed by the Law, are tranſlated and carried from one family unto another, and uſually enrich their Lords, and owners, the poſſeſſors thereof, but yet of themſelves neither being, nor take away nobilitie, either dative or native; by example to maifeſt theſe things, were but needleſſe, & of litle conſequence, for why, all the moſt ancient Baronies, & the more ancient ſort of the Barons at this day, are in this point on my ſide, and if any ſhall object againſt me in this point, unto him I will oppoſe, either the force of time, or the careleſneſſe and lack of looking unto. But cuſtomes are ſtill like themſelves, nor muſt we detract from the authority of Kings, who although they have ſuch ſupereminent, and undeterminate prerogative, as that they may ſeeme ſometimes to have of favour granted ſome things beſide the Law, yet it ſhall nor appeare them, requeſted to have done, or yet ſuffered to have been done, any thing contrary to the cuſtom of Stocks, and Families, ſo ſometimes they, not regarding the ſolemnities of Ceremonies, and Charters, have onely by their becks (that I may ſo ſay) ſuffered dignities, and honours, to be tranferred, as in Ranulph Blundevill Earle of Cheſter, and of Lincolne, to be ſeene for the Earldome of cheſter, he permitted after the manner, to diſceud to Iohn the Scot his Nephew, by Maude the elder of his Siſters: But the Earledome of Lincolne (the King thereunto conſenting) he yet alive, delivered unto Hawiſia another of his Siſters, then married to Robert Quincy, by his Deede in the 7th. yeare of Henry the third.

Theſe things I ſay, were of old and ancient time, but at this day not ſo, for ſuch is the force of time, and change in altering the formes of things, as that in eating out of the old, bringeth ſtill in new: ſo unto Earles, whom we ſaid in ancient time to have been rewarded with the third penny of the province, whereof they were Earles, to maintaine their honour, and dignity; a certaine ſome of money is at this day, yearely paid them out of the Exchequer, and they the titles of ſuch places, as wherein they have no juriſdiction, adminiſtration, or profit at all. Barons alſo who as the Fathers and Senators in ancient times among the Romans were choſen by their Seſtercia, were in like manner wont to be eſteemed and valued by Knights fees, for why he which had and poſſeſſed thirteene Knights fees, and a little more, was to be accounted among the Barons, are now more ſeldom times choſen for their vertue, their great wealth, and large poſſeſſions.

Neither is there any let, but that a man may hould and ſtill retaine the name and title of a Barony, the head of which Barony, (as they terme it) he hath afterward ſould or alienated to ſome other common perſon.

In briefe, our Kings Royall Majeſty is alwaies like it ſelfe, conſtant, and the ſame, which having regard to the vertue, ſtock, wealth, and ſubſtance, of any man (whereby he may with his counſells ſervice, profit the Common-wealth) may in every place freelie give and beſtow dignities and honours, ſomtimes chuſing no more Barons then one, out of one and the ſame Family, The cuſtome of the ſucceſſion of the former and more ancient Baron, being ſtil kept whole, & not in any hurt, as wee ſee, Edward the ſixt, wiſely to have done in the family of the Willobies of Erſby, brought forth alſo another Barony of Parham, wherefore we acknowledge our Kings to be the fountaines of Politicall Nobilitie, and unto whom we may with thanks refer all the degrees of honours, and dignities, wherefore I may not without cauſe ſeeme to rejoyce, on the behalfe of our Nobilitie of great Brittaine which hath had alwaies Kings themſelves Authors, Patrons, Governors, and Defenders thereof, that when Lands, Fees, and Poſſeſſions, ſubjects to Covenants, or agreements, are ſtill toſſed and turmoyl'd with the ſtormes of the judiciall Courts, and of the Common Law, it is onely unto the Kings themſelves, beholding, and reſteth upon Heroicall orders, and inſtitutions proper and familiar, unto it ſelfe, ſo that, Per Titulos numerentur avi, ſemper que renat Nobilitate virent, et prolem fata ſequantur: Continuum propriâ ſervantia lege tenorem.

By Titles great-mens Anceſtors are known, the poſterity of whom, injoy the ſame to their flouriſhing and everlaſting fame.

William the Conqueror after the death of Herold, having confin'd the Kingdom to himſelfe, laid theſe foundations of ancient and worthy Nobility, which afterwards by his ſucceſſours, according to the divers occurrants, and occaſions, by little and little, became at length in the raigne of King Henry the third, and Edward the firſt, to appeare a Godly, and ſtately building, who having vanquiſhed the Welſh-men; and contending with the Scots bordering upon them, for Principality and Soveraignety, entreating of all things concerning the Common-weale, with the three States of the Kingdome (with conſiſteth of the Nobilitie, the Cleargie, and Communaltie) they themſelves in their Royall majeſty ſitting in Parliaments, appointed unto every man a preheminence, according to the place of his dignity, from whom eſpecially all the Nobility of our age, may ſeeme to deriue the diverſe and appointed degrees of dignities, and honours.

Now to abreviate much that might be writ in the continuance of this diſcourſe, I ſhall deſire to ſtraighten my purpoſe to ſome handſome concluſion, by the obſervation of the degrees and ſitting of our Engliſh Nobility, in the Parliament Chamber, out of the Statute of the 31. of K. Henry the 8. who of his Princely wiſdome, with the full aſſent of the whole Parliament, cauſed a perticular Act to be made, for the placing of the Nobility, in the upper houſe of Parliament, the effect whereof I have here recited.

That foraſmuch as in all great Aſſemblies and Congregations of men, having degrees and offices in the Common-wealth, it was thought fit and convenient, that order ſhould be taken for the placing and ſitting of ſuch perſons as are bound to reſort to the ſame, to the intent that they knowing their places, might uſe the ſame without diſpleaſure; the places of wch. great offices deſerve reſpect and admiration: and though meerly officiarie and depending on life, and the Kings gracious election, without any hereditary title or perfection; yet are they of ſuch high dignity, that all hereditary honour whatſoever, under the degree of Royalty (may at all times) without diſparagement give them place and precedencie. The placing of theſe moſt Noble and great Officers both in the Parliament houſe, and other Aſſemblies, is after this worthy and diſtinct order.

That is to ſay, the Lord Chancellor or L. Keeper, the L. Treaſurer, the L. Preſident of the Kings Privie Councell, and the L. Privy Seale, being of the degree of Barons of the Parliament or above to ſit on the higheſt part of the form, on the left ſide in the Parliament Chamber; & above al Dukes, except thoſe wch. are the Kings Sons; the Kings Brothers, his Uncles, his Nephews, or his Brothers or Siſters Sonnes: but if any of theſe foure great Officers aforeſaid ſhal be under the degree of a Baron, then he or they to ſit on the uppermoſt part of the Sackes in the middeſt of the Parliament Chamber, in ſuch order as is aforeſhewed.

As touching the other, it was enacted that the I. great Chamberlaine, the L. Conſtable, the L. Marſhall, the L. Admirall, the L. Steward, and the L. Chamberlaine of the Kings houſhold, ſhall be placed next to the L. Privie Seale, each of them above all other perſonages, being of their owne eſtates or degrees; and holding the ſame precedence, as they are formerly named.

Laſtly, the principall Secretary being of the degree of a Baron, ſhall be rang'd above all Barons, (not having any of the former offices alſo) and this range and precedencie to continue to all the great Officers in generall, which are before named; both in Parliament, in Councell Chamber, in the Starre Chamber, at the tryall of Peeres; and in all other Aſſemblies whatſoever.

This in briefe is the effect of the Statute, expreſſing the dignity and place of our moſt principall and ſupremeſt Temporall Officers, of which the firſt and chiefeſt is the L. Chancellor, or L. Keeper, who is ſaid to be the Kings Conſcience, his mouth, and confirmation, for by him all the rigours of the law are bridled: the Kingswil in grace conſultations revealed, and his gifts and prerogatives confirmed; before him all the great buſineſſe of the Common-wealth is diſpatcht, either at Councell Table, in Starre-Chamber, or in the Chancery, where hee hath a principall voyce, and precedence: and laſtly, he hath the keeping of the great Scale of the Kingdome, in which is expreſt a reputation ſo ſerious, that all Subjects lifes and Eſtates depending on the ſame.

The next in place is the L. high Treaſurer of England, to whoſe truſt the Kings Treaſure is committed, who is a man of that noble, worthy, ſweet and generous diſpoſition, of important confidence, of noble eſtimation, excellent in wiſdom and high in eſtimation, and to his wiſdome and excellent judgement, is referred the whole manage of the Kings entire Eſtate, and the provident regard of the wealth and flouriſhing proſperity of all the K. Subjects: He is the prime Officer Judicature, betweene the King and his Tenants, and hath dependance on the Councell Table, the Exchequer and the Kings Royall Houſe and Family.

The next to theſe is the L. Preſident, of the Kings moſt honourable Privy Counſell, and is the chiefe man (next the King) belonging to the high and honourable Aſſembly, and hath in his power, under the Kings Majeſty, the mannage of the priuileges of that Honourable Table.

The next is the L. Privy Scale, an eſpeciall Enſigne of credit belonging to this Kingdome, having cuſtodie and charge of the Kings leſſer Seal, which gives teſtimony of the Kings fauours and bounty, but alſo making the way cleare and acceſſable to the great Seale, in which conſiſts the ſtrength of his Majeſties confirmations; Theſe firſt foure great Officers are civill, and judicature, as depending on the publique State: after whom follow ſix other which are as well Military as Civill, having the managing of all matters of Honour, and Warlike proceedings.

The firſt of which is the L. Chamberlaine of the Kingdome, whoſe Office is of the greateſt imployment, in all publique Aſſemblies, as Coronations, Parliaments, Tryumphs, or any Solemnitie, where the King himſelfe rideth in perſon: which Office is not Officiary, but Honorarie, depending by a feudall right, unto the Noble houſe of the Earles of Oxenford.

After this is the L. Conſtable of the kingdom, who was the firſt and principall Generall under the King? of all the Land forces, and in all occaſions of Martiall affaires, had the principall nomination of Officers, and ordering of Munition for ſuch imployment.

Then is the L. Marſhall of the Land, a great and renowned Officer, in whom conſiſt the ſolutions of all differences in Honour, and diſpenſation of al things appertaining to the great or leſſer Nobility. Next followeth the Office of the L. Admirall of the Land, who is the Kings Generall, and chiefe Commander at Sea, and hath care and charge of all his Majeſties Royall Navy, and the cenſuring of all Marine cauſes whatſoever.

The next following is the L. Steward of the Kings Houſehold, in whoſe truſt and government is repoſed the ordering of all the great and Noble Families, the diſcuſſion of all controverſies, the placing and removing of Officers, and the diſpoſing of all things therein, for his Majeſties renowne and dignity.

The laſt of theſe great Officers, is the L. Chamberlaine of the Kings Royall Houſehold, unto whoſe great truſt, faith, and integrity, is committed, the guard of the Kings Royall perſon, he hath the controle, and commandement, of all Officers and others, whoſe dependance is on the Kings perſon; and howſoever ſome would limit his rule above the Sayters, yet it is over the whole Court, and in all places whereſoever the King is preſent: with many other priveledges which at this time cannot be fully recited.

After all theſe great Offices, and Officers, I muſt neceſſarily add one great Officer more, namely the Kings chiefe and principall Secretary of Eſtate, who deſerves a due reſpect by his high and Honourable Place, in regard he is ſo intimate and nigh to all affaires, of his Majeſtie, either private or particular.