ii 6) see A ey gl, ie el, ti ye ale, ah ect eae, Lem, lh i cane enn, nee, PN re, a F - & PN Geared a omy Mw Bae bis Srrated ene ae bi 4 iy | | “Baha 5 fia Peemgess | | - WHEREIN THE _ANTIQVITIES, - TTLES’, Decrees, and > - Diftintfions ; Concern ba the PEERES and Nositity of chis Nation, are Ex- -.cellently fet forth. : WITH | Ae Dk. Efquires, Gentle? i: C men, and Yeomen; and matters Incident to them “according to the - Lawes and Cuffomes of ENGLAND. LONDON, ae! | "Painted for LZ. Chapman.and are to bbe fold a at ie his Shop next doore to the Fountain yee : p : L? inthe Strand, i, 1558 . eS ies Lee a gee ne eee = et iy A eg tod r { : ‘ hr a nk “a? ‘ 7m RAN we 8 T HE T A B PEGS ‘ yee oVi. ¢: REDD Sn bit, * everall Dir a rome and* "Ties reared ofin this difcourfe. . seus SLUT Ole I Sila qi Te Asie. Sooner gt he /. ‘Oo rs Pee sh ee log Eales dod th ih iy orignal ss shel Ree hy ‘lo Vfeuns, “4h t ‘a wh % Day % a ys mor" > jo Bavons i $8 ge : r f generall. pe santo 17 be definition or deerigtion oe aB A ads wR c Tle Erimalegy and devivation of the word Sem Lae | & : ; 7 7? . q Matic 4 a The Tables» ebe antiquity of the api ce py ufes af she M4 name. jo" A ay 3 | The tenour and rr = fini Ht the ia Be, vou. a 7 SANE a. s , Yn net al ot! YD Of Barons why teware. ye Hey a8 AD i eS p. 23 Of Efquires. | | ’ weeks The: definition of ce ay Civil N bil ee whe a“ x “ OF Leora,” codeine Nfs) qt Feeney il S in mans body (for the prefervation of the whole) | divers Fan&tions and Offices of Members are re= | “quired; even {0 in all well-governed Common- | ~" wealehs.a diftinGtion of perfons is neceflary. And — | the Policy of thisRealm of England, for the maintenance ' and government of the Common-wealth of the fame, hath | madea three-fold divifion of perfons: Thatistofay; == |) "Fir, The King , or Soveraign Monarch ; under which 7 _nates,alfo a Soveraign Queen is comprized, as declared by | és the Stature thereof made in the firft yeer of Queen AZary, | | ; Anos Parl, 4 . : | » Secondly, The Nobility, which do comprehend tHe Pritice, Dukes, Marqueffes, Earls, Viftotins , and Barons Spiricuall and Tempeorall. : i ; | _ Thirdly, The Commons by which generall words are underftood Knighis, Efquires, Gentleraen, Yeomen, Artis | fieersyand Labourers: But my purpofe at this time, being, | onely to {peak ef the Nobility » and efpecially fo much of } | iW them,as I finde written ia the Booksof the comnion Law; | (\) and Statutes of this Realm : This firft I have obférved, | That our Law caleth none Noble, undet the degree of a || Baron, ‘and not as men of forraign Countries do ufe to | , {peak , with whomevery man of Gentle Birthis counted | | Nobles fer we dayly (¢e, thar both Gertslemen and Knighté | s B ‘ dol ded‘in.our Hiftory, The Barons Warres : Neither have the | eletorhar preeminency, bucbecaufe of their ancient Ba- i ne | ea | tae — ATreatifeof the Nobility. ae - do ferve ia the Parliament, as Members of the Commonal. | ty, vide Lamberts Fuftice of Peace, Lib. 4. Cap, 13. Nei- ‘ ‘ ther do thefe words, the Nobles, che high or great men of | _ the Realm, iinply the Perfon and Majeity of the Kings — Dierat $5. But withthe Civilians, the King is reckoned among his Nobles, Dect, Ridley, fol, 93.) . The Nobility are known by the generali name of Peers ne - of the Realm, or the Barony of England, for Dukes, Mar | _ quefies, and Barls, and all other of the Nobility do fit tu. gether inthe Kings great Councell in Parliament, as Ba- ~ rons, andin right onely of their Baronies.. And there- | fore by the g:nerall names of Barons of this Realm, and | __ for the Baronage thereof, wedo underftand the whole Body. of the Nobility. The Parliament-Robesof Dukes differ- ing nothing from the Barons, but they wear the Guards ‘ | _ upon their fhoulders three or four fold; for although Dukes, Margueffés, Earls, and Vifcounts in their Creations are at- _ tired with Garments of Silk and Velver, yet in the Parlia- ' “ment they ufe the fame as Baronsdo, made wich Scarlet,, _ withdivers differences of white Farre , fer with Freinges or Edging on their fhoulders : for there they fit by reafon of their Barenies, and according to their dignity take their | places, Thoma A4ills, fol, 66. - And hence ic was, that thofe bloody Civill Warres, ae cerning the libersies granted by the great Charter, both in thgtimeof King Joba, and H.3, his foone, perfecuted by allzhe Nobility of this Realm (fome few excepted) are cal. Spiricuall Lords and Peers of the Parliament any otheiiti- | gonies : Fer although eriginally all che poffeflions of Bi-« | theps, Abboss, and Pryors,were given and holden inFr aack- {: es ne . alne 4yn. 3 A Treaife of the Nobility, 34 almayn, yet fhortly after the Norman Conqueft, moft of their | Tenures were alcered , viz. per Baronidm, asappearcth by - | ‘Mattbem Parris, Anno 1070. 66, and of that Tenure have | continued ever fincée, asyou may reade by the Confultatis | ons of Cléringdon, in the Raiga of Hen. 2, andinGlanvile — and Bratton, Hopedale 4 are ts . ~ Butthe Tenure of all Abbors and Pryors were extin« | | guifhed by the uniting and conveying themto the Crowns bythe Stature of diflolution ef Monafteries, made dane | 31 Hen.8.Cap.13, And though the Nobility of England | | in Ticless and by certain Cerem jnies may be diftinguifhedy yet a Baron is in equipage,asunto Nobility and priviledges incident to their dignicies, wich Dukes, Marqueffes, Earlss | | Cooks 6. part 53. And icisin ordinary experience,’ Thar | Dukes, and others of any high degree of Nobility, in cafes criminall, aretryedby Barons, together wich many Earls | and VifCounts, as their Peers, and’ Peersof theRealm. | | _ Nobilirae generally fignifieth, and is derived of theword | | Wofco, to know, fignifying in common phraféof fpeech,borh | with the Latines, and eke with us Eaglifh-men,agenerofit: | ty of Blood and Degree, aridtherefore one (aid, vir nobilis | idem eft quod notus & per orania.@s, ANoblemanishe who | is known, and the Heroical! vereues of his life, talkt of in |every mans mou h.But efpecially ic is applyed and ufed to | expreffe the reward of vertue in honorable meafure, & ges wera claritatems 3 Pe eerste |. And this isnot to be omitted, That the Law doth prohis | |biteday Subje& of this Realmto receive Titles of Honor | {Or dignity of the gife or Donation of a Forraigue Prince, orKing, of Eiiperour ; foricisa thing greatly touching the Majefty of rhe King and ‘the’ Stare of his: Kingdona Eft jus Majeftates inter infignia furame poteftatan Ie is | seg ie ea S the Pa A Treatife of the Nobility. | the right of Majefty, and. among& the Enfignes of high | | power, vide Cook 7. part 25.6. And if that man fil | _ bring an a&ion, andin the Writ is ftiled by fuch forraigne | — titleand name of Honour, the defendant may plead, in a _ batement of his Writ, That he is no Duke, Marqueffe, Earl, | | or Baron; whereupon tthe plaintiff or demandant take if- | + fue, this iffue fall not be tryed by Jury, but by Records | of the Parliament, wherein hefaileth, a ¢. And if an Englifh man be made Earl of the Empire, or | of any other forraign Nation created into Honour, and | the King alfo do make him into any Title of Honour in _ England, be thall now be named in all his judiciall proceed- ings, onely by fach name and ticle as he hath received from _ the King of this Realm, whofe Subjeé he is : and if by the King of Englasd he be not advanced to Title of Honour, | then fhall he bear the name of his Baptifin onely , and Sur- name, unleffehebea Knight, 20 Ed, 4.6, Cook7. pare 16.4. | ADukeof. Spzin , or of other forraign Nationcometh : into England by the Kings fate-Condu&, in whichalfo the King doth ftile him Duke, according to his Creation ; ne- | __vertheleffein.all proceedings in the Kings Courts, ke fhall ~ not be ftiled by his name of dignity, Cook inthe aft Book : before. Oi 3 | ape though the faid Noble perfon be alfo by the Kings Letters Patents; and by his forraign name and title of digni- ty made Denizen, for that is the right name , focalled, . be- - caufe his legitimation is given unto him ; for if you derive Denizen from Denigee , asone born within the Allegiance -_ or Obedience of the King, then fuch a one fhould be ‘at their pleafure, and thar divers Statutes againft givers © \ and wear the fame Livery and fign without trouble, impe=. | diment or impeachment, pain, contempr, or forfeiture, or But afterwards, by occafion of divers ether Statutes of | epileptogenic D adh ial a a “t A Laer 4) ATreaifeof the Nobility. / | | thing in them comprifed notwithBanding : Northat.the | | faid Statutes in any manner fhall extend to any retainingto | be made by the faid Prince, in giving, taking, or retaining | ot any Livery or figne of. the Prince. ft _ By the Stature 21, Hev.3. cap 13. The Princemay retain “| _as many Chaplains as he will, though all others of the No~ | bilicy, other then thofe of the Kings bloud be reftrained | tv a certain number, and they, or any of them may purchafg, | | licence or difpenfation, and take, receive, and keep perfo- | nages, or benefices with cureof fouls. a _ By order of the common Law, a King might havea rea- |) fonableaydeof all his Tenents, as well of thofe thatdid | hald of his highneffe by Knights fervice, as of thofe that did — hold their. Land in foccage. “i That is to make his eldeft Sonne © Bur firft nore charthe | | Knight, and for the Marriage of his ayde is not to be reco- — Adeft Daugbrer , and the famme of yered before the Sonne : ; 5s G | be of the age of Ig. | money Was not incertainty, bur at the eaellios here hele Kings pleafire.till by the Statute made Daughter - accomplith | in the 2 Se of Ea4.3. Cap, Ii. by which theage of 7, yeers, Fitz 18 enacted, as followeth, Harbert Nat. brevinm, | Item, cis affented that reafonable aid to make the Kings firft Sonne Knight, and to marry hiseldeft Daughter, fhall | be cemanded and levied, after the forme of the Stature | thereot made, and not in other manner, thar isto fay, of every Knights Fee, holden of the King without mean rate, | 20°and no more, andof every 20! of Land, holdes of the! King without mean in feccage 20°, andnomore, and fo} rata pro rata ot the Lands in foccage. Andfer Lands of the’ genure of Chevalry, according to the quantity of the} Fee. ty. 2 ; | By another Statute, made in the faid as. yeer of Ed,3.)| | ; / Cap, | fi ip RN Dey Ih gee Oy i ' 12 A Treatife of the Nobility. orimagine the death of the Kings eldeft Sonne and Heir, is _ crimen lefee Majeftatis, high treafon, or ifaman do violate | the Wife of the Kings eldeft Sonme and Heir, icishigh _ treafon, and feethe Statute 20. Hen.8. cap.13. And fo was | the ancient common Law of England, and not anew Law _ ancient common Law in this Cafe. \ is declared, becaufethe people be in ambiguity, and donbre “ of thechildren born in the parts beyond the'Sea, out of the * Kings Legiance of Ewgland, fhould be able to demand any ‘inheritance, within the fame Legiance or not. Whereof a ; minfter the 17, yeer of the raignof our Soveraiga Lord the {King affembled in this Parliament, and was not at the fame ; that all doubts and ambiguities fhould be put away, and the Law in this cafe declared, and putin acertainty, hath icharged the faid Prelates, Earls, Barons, and other wifé amen of his Councell aflembled in this Parliament, to deli- berate upon this point, who with one affent hath faid, aihat the Law of the Crown of England is, and alwayes hath been fuch that Les Exfants du Roy , the children of the “King of England in whatfoever part they be born, in Eng- Hand, or ellewhere$ be able, and ought to bear the inheri- ‘Soveraign Lordthe King, the {aid Prelares, Earls, Barons ‘andother great. men, and all the Commons affembled in this Parliament, do approve and affirm for ever, i Note, The words in the Statute, Les Infants di es | . ave _ ¢ap.2. amongft other things it is declared, that to compafle _ made by this Statute, Cooks 8. Part.28.6. Bue this Statute is a manifeftation and declaration, or publication of the. | Petition was put into the Parliament late holden at Weft. (dance after the death of their Anceftors, which Law our Bya Stasute made in the faid 25. yeer of King Ed.3. Ic | “time wholly affented. Our Soveraign Lord the King willing © a AT reaifeof the Nobility, = = 43) have briefly ft down, andinavulgar manner, for loquen~ dum ut vulgus, and not in form of exquffite pleading for | _[entickdum vt doi, and therefore ought to be underfteod | largely,Gooks 7.part.11.6. andas the Larine word /iber? is |) wich the Civilians , Bra¢Z, lib.2.cap.29. hath thefe words, © Teer defcendit jus vero beredi ubicunque natus fuerst, velin | utero matris,intra msrevel ultra : Nec poteft {cbi aliquus facere | heredem,quia folus Dew beredem facit. The right doth defeend |) unto the true Heir, wherefoever he fhall be born in the | ‘Womb ef his Mother on this fide the Sea, or beyand, no | aman can make an Heir unro himfelf, becaufe God only | _ doth make the Heir, read rhe Statute,and Cook 7. part. 18.4, | Where you fhall fee thar though generally, the birth-place © is obfervable, yet many times Legiance, and obedience with-, ) outany place within the Kings Dominions may make a |) Subjeé& born, for though we fee by experience almoft in |) every Parliament, Ambafladors, Merchants,.and the Kings _ fouldiers doth fhew therein fuchcaufes, to have their chil. | dren naturalized, or madedenizens; yet that doth proceed — onely of doubt, and needleffe {capulofity andignorance | of theLaw.; evenas we fee men that are. doubrfull, defire to berefolved,as may appear by fundry covenants in bargai- |” “ning, more then neceflary. And by renuing of Chartes, though there be no forfeitures; and by fuing, forth pare; _ ticular pardons, when a general] is granted by Parliament, | \ Priefts, and Minifters fae to the Parliament, for legitima-|, tion of their children. Andin the Articles confirmed by Parliament, touching { the marriage between Philip Prince of Spain, andQueen | a Mary, a {peciall provifo was, to barre him. from being Tenant by the courtefie of the Crown, in cafe he fhould |} have iflue by her, and furvive, which was fuperfluous; be. canfe | a tees a4 et, C6 veatife if the Nobility : emethe Common-Law would have denyed this laft point. ' See the Lord Cromwels Speech in the cafe. of the Poftiate, 1 | ful36 ' But note that ifan Alien Enemy come into this Realm | ‘and his Wife Englifh, or ftranger, be delivered of a childe | ij Within» England ; ; this childe notwithftanding his birth _ place isan Alien born, for want of allegeance i inthe Parents, | Didem, King Henry did create Edward his eldeft Sonne the firft - Prince of Wales, anddid give unto him the dignity and - Dominion of ic, tobe holden of him and his Heirs, Kings of England; and after that time, the eldeft fonne of the King of England hath been Prince of Wales, and as incident — | tothe Srate and dignity of a Prince, and might make Laws ° i “and Statutes, and ufe jurifdiGion and authority,as am mply y cap 7. part, asany King of that Nation could do. Plow 1 126, For Wales was a Kingdom in ancient vi ide Milf time. Butina Statute madein the 12. Ed. 1. m| Z E20 Wales was united and incorporated into Exg- i Jand, and made parcell of Exgland in poffeflion, And note — Hin Tho, Mylis +12. the devife of the faid Kingwas to draw : | the Welchmen to acknowledge the Kings eldef hh ; Ed= > ward of Carsarvaz to be their Prince. 4 ~~ AlfOby another Statute made 27. Hen.8, cap, 24, agenes ‘ rall refamption of many liberties and franchifes heretofore, _ y taken or granted from the Crown, as he authority to par- |, don Treaton ,murther, man-flaughter, and fellony , power ‘to make Juttices i in Oyre, Juftices of aflize, Juftices of peace, 4, Goal delivery; and fach like ; fo that from thenceforth, the | Kings eldeft Sonne, hath only the name and ftile of Pringe | ' of Wales, but no other Jurifdiction tben atthe Kings plea. q , fareis permitted him, and granted by his Letters Parents, as 7 ; } _ . ATreatife of the Nobility. — GR as by the tenour thereof following, made by King Hear the eight, to Edward his fogne, and heir apparent may | | appear, cl | Henry, By the grace of God King of Iveland was before, |) Kagland, and of France, Lord of Ire- asia bea ty { hind, ec. ‘Toall Archbifhops, Bifhops, Ridant cad i Abbots, Priors, Dukes, Earls, Barons, King of England, || ~ Jaltices, Vifcounts, Governours, Mini- was as abfolute'a | “ fters, andto all our Bailiffs, and faicb- Prince ‘and’ oye 7 fall Subjeé&s greeting, out of theexcele f.877. 7" poh A | “Tency.of Royall preheminence, like as tend, as now when _ _thebeams fromthe Sunne, fo doth imfe- he is ftiled King ~ |} rionrhonour proceed; neither doth the of the fame, Ceoks — | integrity of Royall luftre, and bright 7? Be 4 neffle by thenaturall difpoficion of the light-affording light, | feel any leffe or detriment by fuch borrowed lights; yea, | the Royall Scepter is af much the more extolled, and the | Royall Throne exalted, by how much more nobleneffe, | preeminences, and honours, are under the power and | command thereof, | ) < - Andthis wofthy confideration allureth, and induceth | jous with defire to the increafe of the name and honour of our firft begotten, and beft beloved Sonne Edward, in) | whom we behold and fee our felvesto be honoured, andi | our Royall Houfe alfo, and our people fubje& to us, hope} . ing by the grace of God (by conje&ture taken; of hispet “tious future proceedings )’to be the more’ honourably}! ‘| ftrengehned, that we may wich honour prevent , and with! aboundant grace profecute him, who in repuration of us, is}; deemed the fame perfon with us. , Wherefore (26 ATreatifeof the Nobility, == Wherefore by the Councell andcontent of the Prelats, Dukes, Earls, Vifcounts, and Barons of our Kingdom, be- | ing in our prefent Parliament, we have made and created, | _ andby thefe prefents, make and create him the faid Edward | Prince of Wales, and Earl of Chefter, and tothefame Ed- _ ward we give and grant, andbythis Charter have confir- _ med the Name, Stile, Title, Scare, Dignity, and the honour of the faid Principalicy, that he may therein in governing, rule, andin ruling, dire&, and defend... We by a Garland upon his head, by a Ring of Gold upon tis Finger, anda _ Virgeof Gold, have according to the manner invefted him _ tohave, andto holdtohim, and to his Heirs che Kings of | England for ever. | } | _. Wherefore we will and ftraightly' command, for us, and _ our Heirs, that Edward our Sonne aforefaid, fhall have the _ Name, Stile, Title, Scare; Digniry, and honour of the Prin- | cipality of Wales, and of the County of Chefter aforefaid,' _ vanto him and his Heirs, the Kings of Exgland aforefaid for ever ; Thefe being wicnefles, the Reverend. Father Fob Cardinal] and Archbifhop of Canterbury , Primate of all | England, our Chancellor, and William, Archbifhop of Yorks Primate of England, Thomas Bifhop of Loudon, Fobs Bi- » thopof Lincolue, and Wiliam Bithop of Norwich ;our met — 4 welbeloved Coufins, Richard Duke ef York,Humpbry Duke : 4 of Buckingham ; our welbeloyed Coufin, Ricbard Earl of | » Warwick, Richard Earl of Salisbury, Joba Earl of Wiltfbire 5” \ and-our welbeloved, and fairhfull Coufins, Ralph Cromwell, | (Chamberlain of our Howe, William Falconbridge, and ) Fabre Sturton, Knights , Datedat Our Palace at Weftminfter i the fifteenth day of AZsrcb, and in theyeer of Our Raign i Sele ati ‘esi Sane vs Rig oe And here (by the way ) may be obferved, that in ancient : time, 2: ee Tar SEP a sa Re ikl: pity a “ikdvba ef he nib “97 time; ‘and in the time of the Englifh ‘Saxon Kings, the afe was.as well in penning the Acts of! Parliament, as of the Kings Letters Patents, when any lands, franchi- | {es or hereditaments, did paffe from ‘the King of any eftate of inheritance,’as al i in their creations of an Manunto honour and dignity, the conelufion was'with the figne of the Croffe i in forme aforefaid (that is) his Teftibus oc. But long time that forme hath basis di@arimneas ib that at this day, and'for many yeares palt, all theKings Patents for lands, franchizes and hereditaments, doe conclude with tefte me ipfo sneyerthelefle in all créati- ‘ons of honour and dignity: by Letters Patents, ‘the anci- ent forme of concluding with is pine; ' is ufed at tits 2 day; Cookes 8. part 19. And it hath beerrefolved by the Fuidwessthat all Adts Jof Parliament and Statutes which’ doe concerhe the ) Prince, who isthe firt begotten fon of the King; and }heire apparant to the Crowne, for the time being, Per petuts futuris temporibus, wall fiiceeffion of ages and times be'fuch Atts, whereof the Judges and: all the ‘}Realme mutt take conufance, as of gcnerall Statutes, for every fubject hath interett in the King, and none of his fabjetts (who is within his Lawes )’be divided ‘from him, being his ‘head and Goren | fothat the bufi-/ | neffe and things of the King doth rouchall the Realme) and namely, when it doth concerne the’ Prince, the firlt begotten fonne of the King, and Heire apparant to the) Crowne, C orrulcat enim Princeps radiu Regis Patres | fie cen [ere una perfona cur ipfo; Por the Prince fhi- Ineth with the beames of the King his Father,‘ and i¢ holden'to ak one perio With hint.’ Cookes 8. part 28. 2 eft dap ir Ces, Although’ h d “48 — . ATreasife of the Nobility. Se . Althonghthe Prince by exprefle words hath no priyi- ledge by. the great Charter of the Forrelt, 9 H.3.cap.11. -. forhunting inthe Kings Forteltsor Parks, paffing by them, and fent for Ly the Kings commandment ; yet by -conftruction the Prince isto take benefit and advantage’ thereby, as well.as Bifhops, Earls, or Barons, who.are ~exprefled, Crompt. Courts, des fuftices de Forrefts,167. Inthe Parliament,31 H.8.c.10.an Act concerning the | placing of the Kings children, and Lords in the Parlia- . ament,and other aficmblies, were amongft other things : madeas followeth. , | : _ » Firft, it is enacted by the authority aforefaid, that no perfon or perfons, of what degree, eftate or-condition, | whatfoever he or they be, (except only the Kings chil- . dren) fhall at any time hereaftcr attempt or prefnme to. fit, or have place atiany.fide of the cloth of ftatein the Parliament chamber, neither of the one hand of the | Kings Highnefle, or of the other, whether the Kings, Mayjelty be there perfcnally prefent ornot. | The Prince fhall not find pled; ae the profecution of any Action,and therefore thal amerced more then | the king fhould be, or the Queén his wife, V ide Cooks) 8. part, 6166. wl vi ; j ; e244 Of the moft.noble and excellent Prince that now is, | it istruly faid,that heis ommi ncmine nnmine magnus, by : deftiny;name,& providence of Cod,the greateft; before | Cook.to the Reader,before his 8. Book, the laft leaf. « | ... Nevertheleffe as he is.a diftin@ perfon by nature from |; the King,fo is he diftint by the Law,viz.a Subject,and | ~ holdeth his principalities and feigniories of the King; neither fhall he have allthofe Prerogatives which the King fhal have; for exemple, whenthe King feizeth:his | _ “Subjects lands, or taketh away his gceds frcm him, ha- |, ee VANS || } } I | | } } Ce a AT reatifeof the Nobility, = 8 \ ving fd title by order of the Law fotodo: In this caf | the Subject is to fieto his Soveraign Lord by way of - Petition onely,for other remedy hath he not, but fuit by - Petition can be to none other thento the King; forno fuch fuit fhall be made to the Prince, but ‘Actionsasthe _eafe requireth,as againit a Subject, Stamf.prerog.ca.z2, Andan token of {ubjection,the Princedoth not upon | his Pofie of his Arms difdain the dld Saxon word (Ich | dien, 1 ferve) as Lambert doth mentionin his Bookof ) Perambulation of Rent. 364. : eve And there is a cafe,that Ga/coin chief Jultice of Engl: - ) in the time of H.4. did commit the Prince, who would, Shave takerta prifoner from the Bar in the Kings Bench, -and the Prince-did humbly obey,and did goathiscom- | | ) ‘mand ; in which the King did greatly rejoycethathee -) | had fucha Judge who durft minifter jultice uponhis (fon, and alio that hee had a fon fo gracious asto obey, - | Court de Banco Regus, 79. Crompton. _. Aqueftion was moved to the Juftices in the firlt yeer i) of H.7.what order fhould be in that prefent parliament, i) for the anilling and making void certain attainders, tor é) fo much as divers who were returned of that Parliamét | did ftand attainted of treafon; and all the Juftices refol- §| ved, That fo many of the Knights of the fhires, or City yj) zens, or Burgefles as ftood then ree) ‘treafor ye | fhould depart out of the Parliament houfe’the rever) | fallof the Act of Parliament for their attainders. Buta | | foon as the Act of Parliament wasréverfed and annuld| ii that they and every of them (that isto fay) Lordsang | Commons fhould come into their places, and then may | sl upon any:thing there moved lawfully; aSlawy fall perfons ; for it isnot convenient that they who arg 4 attainted fhould be in places of lawfull Judges. ae Oe C 2 — bh te i And 20 A Treatife of the Nobility. : _ And then another queftion was.moved,What fhallbe | | faid of the King bimfelf? for he alfo,was attainted by bis - Predeceflour Rich. 3... and after communication had, a- mongft themielves, all did agree that the King wasa - perfon able, and difcharged of any former attainder. tp/o facto,. That he took upon him to raign, and to be King, | by. which ic manifeftly appeareth, that by the Laws of England there,can be no inter reguem within the fame; ‘& that prefencly by defcent,the next heir in blood is.cd., pleatly and ne King, without any effentiall Ce- remony,or act to be done ex poft facéo.And that Corona. tion.is but a royalliornament, and outward folemniza-: tion.of the defcenr, and of this laft matter. Read Cooks: 7 part, fol. 10.6.) and that there followeth. OU ORR GEs "wtHe form .of the Patent of Duke of York that: a NOW is, ; | ot 4 )) Rex, &c. To all Archbifhops, Bithops, DukesyMar-) dieffes, Earls, Vifcounts,Barons, Juftices,Governoursy nights, Minifters, Andto all Bailiffs,and-faithfull Sub-- _ ow many and innumerable gifts,and what excellentbeé-:. | _ jefirs-that great worker of all goodneffe of hisonly be- . "dignity and clemencie, bath abundantly beftowedapon:: | 4s,who by his power hath confociated divers andmigh=) | amplified and exalred the bounds and limits. of our Go-' _ i ae he t Len Tek kd eae et ee blde “Mernment,’ | —~- * * Pi, wo it ~ Hwee " ? ) ts, greeting ; Whereas We often times.call to minde | _y Lyons in firm: peace without any ftrife, but alfo hath: | | PeUN eS ae Mee R i Wey ee eC Oe eins ATitile of the Wobilinje ae ! vernment,, by his u iipeakable providence above out progenitors, witha indiflolvible conjanction of the | avicienv and famous Kidgdoms in therighdof blood uns _der-our Imperial! Diadem; inregard whereof, we can not but: moft willingly acknowledge our fruitfulnetfe andiffue, plentifully adorned with the gift of Naturey |] ‘Which he hath vouchfafed upon usjbecaufe in truth, in | thefucceflion of children, 4 mortall matvismadeasit =| ‘Were immorcall.Neichér unto any thor tall'mén, at leatt- | wife unto Princes not acknowledging fapériouts 5 ‘Catt any thing happeit in worldly cafes more pleafane and ace Ceptable, then thae their children fhould become'notabl¢ invall vertues, gododneffe, manners, and increafe’of 21% ‘Bnicy’; 16 as they which’ excell others in noblenc{ie of bloud and indowments of Nature,might not be though? ORG hidey 0B Be exiceudeds 602 WLIO OEE LiNOIg —e HME “-Henceit is, that chat'great-goodnefl: of God which is hewed ‘unto 'u$ in our fertility, to pale im filence, of | to be thoughe not to fatisfie the Law of Nature, whereby we are chiefly provoked to be well affected, and liberal to tho, in whom webchold our blood to'begin to Aas tilh, covering with’greac and fatherly affection, thar the | perpetual! memory of our blood, wich honours, and frt+ p. ‘[creaf@ of dignity, and all praife may: be aff-Ged = Our }well-beloved Son ,Charls Duke of Albany, Marqueffé of Ormond, Count of Rofe,and Lord OF Ardhiesinoth’s Oty, J Gcobd begotten fon,in whom the Royall form'and beat ey ie ate ee Oe oe the beft hopes fhine in his tender graces: ‘We erect, cre: até, make and ordain, and to him the’naine, frile, tate /}itle) ‘dignity, auchoricy, and honour athe Duke of Work’ do give, and himof that Name, with che title, fate, é/ ae A Treatife of the Nobility’ ~~ tile, honour, authority, and dignity, with other honors the {word,cap,circlet of gold put upon his head,and the delivery of a golden Virge, we do really invelt; to have and to hold the fame name, and ftile, ftate, and dignity, authority, and honour of the Duke of York unto the a- forefaid Charles our {econd begotten fon, and to: his heirs males of his body,law fully begotten for ever-And that the aforefaid Charles our fecond begotten fon, ac- cording to the decencie and {tate of the faid name of Duke of York, may. more honorably carry himfelf ; we have given and granted, and by this our prefent Charter we confirm. for us and our heirs, unto the aforefaid Duke, forty pounds to have,and yeerly to receive to the iffues, profits, and other commodities whatfoever com- ming out of the forefaid County of York , by the hands | at the Terms of Ea/ffer, and Adichael the Arch-ang¢l, — by even portions; for that expreffe mention of other gifts and grants by us unto the fame Duke, before time forefaid Duke and his heirs for ever out of the Farms, — made in thefe prefents made, doth not appear notwith- _ anding. | a Thefe be witneffes, the moft excellent, and moft be- b oved Herry,Prince,our firlt begotten fon,U/rick Duke we of Holt, brother of the queen our beloved wife,and the Reverend Father, in. Chrift, Richard Archbilhop. of | Canterbury, Primate and Metropolitan of all Exgland; | and alfo our welbeloved and faithfull Councellour, the Lord Elefmore, and Chancellour of England, Thomas Ear] of Suffolk, Chamberlain of our houthold; and alfo our dear coufin,7 howas Earl of Arundel, and our well- thumberland. | to. the fame belonging and annexed, by the girding of — of the Sheriffe of the fame County forthe time being, — beloved coufin and Councellour, Henry Earl of Nor- | | ATremifeof the Nobility, - 23 thumberland; Edward Parl of worcefter; Matter of our beloved coufins » Heury Earl of Southampton, William Earl of Pembroke and alfo our well-beloved coulins; |ry Earl of Northampton; Warden of the Cinque-Ports, lon Earl of Adarr, Robert Vilcount Eranborne; our |principall Secretary’; and our well-beloved and-faiths |fall Councellour Edward Lord Zach, Prefident of our | Councell in the Principality and Marches of #zlesjand alfo.our wel-beloved and trulty Robert Lord wiloughby of Earshy william Lord Mounteagle, Gray Lord Chana dou, William Lord Compton, Francis Lord Norris; Ro- ‘bert Lord Siduey; out well-beloved‘and fairhtull'Com- 'cellours, William Lord: Knowles, Treafurer of our houf- thold, Edward Lord. wotton, Comptrollerofourhoufs hold; and our well-beloved and faithfull Councellour, | | Alexander Lord; and. alfo our wel-beloved and faithfull 'Councellors, George Dwnbarr;Lordiof Barwick, Chan 'cellour of our Exchequer, Edward Lord Brufe of Kins | lofe, Malter of the:Rolis of our Chancery ; andiaifo our faithfull and well-beloved Fhorsas Lord Eskine of Bielton, Lord Balmermoth, and others ; given by out hand at our Pallace of we/fainjter the fixth day of pax | zvary, in the fecond yeer of the Raignof K. famesw: | XK. £dv.3. inthe r1,year of his Raign,by his Charter jin Parliament, and by authority of Parliament didecres ate Edw.his eldeit fon,the Black-Prin¢e D.of Cornwall fnot onely in title, but ¢xm. feode, with the Dutchyof | Cornwall, as by the tenour of the: faid Letters Patents exemplified may appear, Cooks 8 part, inthepleading, | Habend et tenend’ cidem duci, et ipfius et aiad [wornm | Reguas Anglia filiis primogenitis, et dibts loci ducidits in | . , Reguzo horfe, George Earl of Cumberland’; andalfoour well- | Charles Earl of Devon, Matter of our Ordinances Hea | Regno Anglit bereditatoria fucceforis: To have and-to i | boldto the fame Duke and his heirs Kings of England, the: firft begotten fons, and Dukes of the fame place, in |} he kingdom of England 5 and toi hereditary {acceffions o that he chat istheredicable muft be heir apparant of che | King of Exgland, and of {uch a King, whois heir unto the faid Prince Edmard: And fuachasfirft begottenfon | aid heir apparaut to the Crown: fhallinherit the faid. | Dukedom in che life of the {aid King his father, wich manner of limitation of eftare, was fhorr, excellent, and © curious, varying from the ordinary Rules of the Com- _ mon Law, touching 'the framing of any eftate of inhéri-) | cance in fee- fimple or fee-tail. And neverthelefle by. the _ authority of Parliament, a {peciall ‘fee-fimple is in! chac onely cafe made,as by judgment may appear in the Book aforefaid, and the cafe thereof, fol.27.and 24 E.3.41.b.> And ever fince that creation, thefaid Dukedom of | Corwwall hath been the peculiar inheritance of the Kings — eldeft fon, 2d fupportandam nomen &«inus bouoris, to tap~ pore. the name and weight of that his honourable eftatey — during the king his fathers life; to that he isever Disoma- tus non creatus , aluke born , not created; atid the faid Duke the very. firft ‘day of his nativiry is prefunied and — taken to be of full and perfe@ age , fo that he may fe that day for his livery of the faid Dukedom,and ought of — right to obtain the fame, as well as it he had been full’a1 gersiof age, °. | ge UTES > Bee - » And the faid Black-Prince was the firft Duke in Exg= ‘Vand after the Conqueft; for though Bracion, who made his Book in -H,3.faith,Et fant {ub rege duces, as before ap- | pearech,yet thar place is to be under ftood of the ancient kings.who were before the conqueft; for ine 2% | A Treatife of the Nobility. | | Ah Treamife of the Nobility. — a Jarhich was made in:-Anwo 9 H.3vwe finde tiot'thée names: Jof Duke amongit the Peers and Nobles there mentioned. ' )For; feeingche Norman Kings themfelves were Dakes Jof Nerraandy, fof'a great while, they adornednone with: ichishbnowrok Dukes! acer Der: ye meow aqms — if |» And the eldelt fon of every. Kimg, afterthiserdation, — || was Duke of Cornwall, and {fo allowed;:As for example, | | Henry of Adunmonth 5 eldett fon: of A. 4. and Henry of © | infor, eldett fon of H.5. and: Edy. of Weftminfty, thé fic fon of 2d, 4. and Arthur cof Winchefter firft! fon ‘of 1H. 7. and Edward ot Hampton firft fon of Hi, 8) bic Ris | chard. of Burdeaux, who was' the firlt for of the Black. Prince was not*Duke of Cornmell, by force:of tha faid } creation ; for albéic, after the death of his father he was heir apparanc othe Crown, yet becaulehe was not'the =| firkt begotten: fon.of a King of England (for bis father dyed in the lifecimeof kiag Ed.3.) che faid Richard was snot within the limication of the! grant and création; by! _authoriry of Parliament,made in the'1t yeer of king Fd! | ward above mentioned. And therefore,to fupply char: _ deféé, inthe ss yeér of Ed. 3. hewascreated/Dukéof | | Cornwall by afpetiall’ Charter.ecyoiS) om) 619 SEE Sats Elizabeth eldet daughter tocking Edw. 4. was not _ Datches of Cornwa),for fhe was the fir begotten dativh- ter of king Edm. 4. burthe limication isto thé Ark | begotteti fon. ¢ > sheeeste rhs tic LAS VS S09 7 Henry the 8.was not in the life of:His father,king FL7; after che death of his eldeft: Brother :Atbar Duke of | Cornwall, by force of the faid creation; for albeits'hé Was - fole heir apparant to the king jyer he was not his efde | begorren fons Cooks 8 parti29.band 3oia OR > And the opiaion of Stamford a learned Judge, hath = | ei been, = = = oe - Sen “ -_ o.oo 26 A Treatife of the Nobility. been, that he thall have within his Dukedom of Corawall |; the kings Prerogatives, becaufé it is not fevered from the | Crowa, -after.the form as it is given; fors none (hall be -inhericour thereof, but the kings of the Realm: Forex- |, ample, whereas by the Common Law, if a man hold di- vers Mannors, or other lands aud tene ments of feverall Lords, all by knights fervice, fom: pare by priority’ | and ancient Feoffinent, and other lands by pofterity , and by a latter Feoffinenc, and the Tenant fo feized dy « ~ eth his fon and heir within age: In chis cafe'the cuftody — of Wardthip of che body, and his marriage, may not be divided. among all theLords, but one of chem onely fhall have right unto it, becaufe the body of a man is intire ; and ths Law doth fay, That the Lord of whom fome pare of chofe lands be holden by priority ; and by the fame tenure of Chivalry fhall have its except the king be any of the Lords; forthen, though the Tenant did purchafe thac land laft, yee after his death the king fhall bee preferred before all, or any other the Lords, of whom the Tenant did -hold by prie- rity: And fo fhallthe Duke of Cornwsil in the fame cafe have the fame Prerogative, if his Tenant dye hold- ing of bim, but by poftericy of Feoffment, for-any tenure of his Dutchie of Cornwall, although the faid Duke is not feized of any particular eftace, where~ of the reverfion remaineth in che kiag; for che Prince is feized in fee of his Dukedom; as before is faid. Tobn of Gaune che fourth fon of king Edward 3. did take towife Blanch, who was daughter and heir to Hen- ry Duke of Lancafer, who had iflue, Henry afterwards king of Exgl.md,( chat the (aid Dutehy of Lancafter did come unto the faid Hexry by difcent from the part ee | is SAT reaifeof the Nobility, == 29 "iis mother, and being a fubjedt he wastovobferve the “hereof, hee mutt make livery and feizen, or if hee had nade a Leafe for life, referving rent witha reentery for Jefault of payment, and the rent happen to be behind, ! the Duke might not enter unlefle hee doe make a de- mand, or if he had aliened any part thereof whileft he ‘for that caufe, and if hee would grant a reverfion ‘of any eftate for life or yeares in being, there mult jalfo be Attornment, or elfe the grant doth not take ‘| effect. , | fecond, and had affumed upon him the Royall eftate, die Politique of the King of- this Realme, and fo was become King: Then the poffeffions of the Du- Duke. For the name of Duke being not fo -great, as the name of a King, was drowned by the name Duke, for the King cannot bee a Duke-;within his owne Realme ; but out of his Realme» hee may. 7 oar _ And likewife the name of the Duchie, and, all'the -Franchizes, Liberties, and Jurifdictions of, the fame, when they were in the lands of him who. had the Crowne and Jurifdiction Royall, were gone by the Common Law, and extinct, for the greater. doth diftinguith the leffe, and after thofe times the, pof- feffions of the Dutchie of La NC aA-s TER would \ Sommon Law of the Land imallthings concerning his 1 Dutchie. For if he would departin Feewithany part =| was with age hee might defeat the purchafer |..But after that hee had depofed King Richard the and fo had conjoyned his, naturall bodie in the bo-. chie of Lazcaffer were in him as King, and not as . | of King; and by the State Royall in him who was _ j 2S ATreatife of the Nobility. would-tiotopafle ‘from King Henry the tourch, but: by his, Letrers, Patents under ithe great Seal of England,|} without livery of {eifin,and without Attornment ; andif} _ hemmake a Leaie for life being Duke,referving a rent with } reénery; for defaulc of payment, and after his affumption jj of thé Crown the rent happen to be unpaid, he might re-|, enter without demand ; for the King is not-bound to do | fach' petfonall Ceremonies as the Subjects are by the | Law compelled todo. Therfore to have the faid Dutchy to be ftill a Dutchy, with the liberties to the fame, as ic was before; and co alter the order & degree of the lands | ~ of theDutchy fromthe Crown,the faid King H.4.made a Charter by authoriry of Parliament,which is intituled | Charta RegisHenrici quarti de feperatione ducatus Lanca- > firia a corona autboritate Parliamenti anno Regni fui pri-— mo. The Charter of Henry the fourth, for the fepas ration of the Ducchy? of Lancafter from the Crowne. by theauthority of Parliament, in the firft yeer of his raignof the.faid Kings’ as by the tenure thereof may appear. ope ee eee Ando by authority of Parliament, the faid Datchy; \@ withall the Franchifés°and liberties ; were disjoyned from the‘Crown, and fram the Minifters and Officers of _ the Crowns'and from the receic of the revennes of the Crown, and from the order te paffe by fuch conveyance — which the faid Law did require! in the poffeffions of he Growiie «Oey | wsiendteds en toa oe ‘ 1 Bat although the poffeffions of the Dutchy by force of the faid Statute todd, divided from the: Crown, and ought'to be deméaned and ordered, and paffe as they ‘) ought before’ Henry “the fourth was King ; yee ‘) there is ’nd claufe'feer down in the” faid owes ve whish Peers) @ ~~ ATveaifeofthe Nobility. |= 2 which doth make. the perfon of the king, who hath the Dutchy.in: any, other degree then it was before; bur things concerning his perfon, fhall.in the‘famejettate as Ithey were before feperations : Infomuch, as ih he Law Nnefore the Charter, by the authority of Parliament:ad- liudged the'perfon of the King alwayes of fullage,' hd+ ‘ing regard unto -his gifts, as well of the lands which he doth inherit in his naturall body, as in that-hé doth in= ‘aerit in the right of his Crown , or politiquebodys it. | hall be fo adjudged for the Dutchy land. after the fai d : atures. for the Statute doth go,’ and. reach unto the tate, condition, and order of she Jands.of the Dutchy, ‘at doth not exteud to the perfon of the'king; wh Haak he lands in points touching his perfon, neitherdoth ie ‘liminith or-alter the prebeminences which the Law-dorh ‘ive, or attribute to the perfon of the. Kings) Yond [sing Henry 4. after the faid AG, hod made.aleats, os ‘pther grant of parcell of che Durchy by, the name of 7, Dake of..Lancafter onely, it had been’ void 3. fords ‘ier 5 Jhould have been made in the name, of Acrry 4. thing. . wegen aes : “ 1; stngl or! _ And thus ftood the Dutchy of Lance ftersferered Fi ont jhe Crown all the raign of H.4,.His. and WG bebe olitiquely. made for che upholdiag of che Durchy.of cafter, their true and ancient inheritance, however right heir uuto rhe Crown might in, future rifiéob- ‘jain his right thereunto (as it bappenedia king Edward » » his time: ) Bac after king Edward 4., obteined:his light unto the Crown of England, and was inchistes aitcer, he in Parliament attained. A. 6, and,apsroptid= led unity, and annexed the faid Dutchy again unto the atown of England, asby the Statute thereof ms ge the mete 30 A Treatife of the Nobility. the firft yeer of his Raign. may appear, _ By which Statute three things were ordained: 1, Firft, che County Palatine of Lancafter was agatr) eftablifhed. AO ct shila “a 2, Secondly, he did velt it in the body politique o: the kingsof thisRealm. bahar, 3. Thirdly, he did divide it from the order of che ~ Crown-lands; and in this force ic did continue until! the time of H.7. who forthwith (being defcended from the houfe of Lancafter) did {eparate it onely in order anc government from the Crown, and fo continueth at this day, and all that is before {poken concerning the Duke and the Dukedom of Lancafter, appeareth in Plosden, 212, and that which there followeth. . Before I write further concerning the Nobility, J fhould fet down the form of the Kings Letters Parents of their Creations,and the manner of folemnity uféd in the admietance and inveftry of Marqueffes, Earls, Vil- counts, and Barens, according to their feverall degrees. But I do willingly omit fo to do, partly becaufe in effv& _ the fame may appear by that before recited Patenr, for the Creation of a Duke (altering onely fuch things which of right ought to be altered) and partly becaufe their Patents are not onely excant and of Record, but alfo becaufe all thofe things are to be readin a printed Englifh Book of this fabje&, judicially made by 7h, - Mills, beinga matter alfo proper to the Colledge and Corporation of Heralds, and not unto the drift of my - difcourfe, and I will briefly fec down fome other things obfervable concerning each of them. ean © 4 a ' A Treatife of the Nobility, 3 a , Of Marqueffes. ai | SLE ett es at A Marqueffe, that is, if we confider the very natureof | * AD the word, isa Governour of the Marches, and hath 4 the next place of honour after a Duke. ear This title came to us but of late dayes, and was not 4 betowed upon any one before the time of King Rich.2. i 4. who made Robert Vere Marquefleof Dublin, andthen al wit became with us to bea title of honour ; for before *” ** time thofe that governed the Marches were called com- monly Lords Marchers, and not Marqueffes.) |. After the Normans had concuered. this land, it was carefully obferved by them as! a’matter of much mo- ment, and a point of {peciall policie, to place upon the confines and borders of the Britains, or Welfh; &c. — \jnot then futdned, men of much valour, not onely futh- jciently able to incouuter the inredes and invafions of | ithe enemy ; but alfo willing to make on-fet of them, jand inlarge the Concuelt ; thefe men thus placed, weie of high blond, credit, and conntenance, among their gcountry-men the Normans, and in whofe faith and seower the Conqneror repofed fpeciall confidence and sruft, and therefore in their territories given unto them }o hold their tenures, were devifed to be very {peciall, nd of great importance, and their Lonours inriched. with the name and priviledges of Earls of Cheffer, and or the Noith border of ales created to be a County Palatine, and the Barons of the middle Port:of the south Marches, were adorned in) 2 manner Witha Pa- atine Jurifdiction; having a Court of Chancery ; and \Vrits only among themfelyspleadable,to th’intent that | | their Be — ATrentife of the Nobility, = _ their attendance, might not thence be driven for the pros fcution of controverfies, and quarrels in the Law : and} asfor che other part of the South Marches, they feemed| ‘fafficiently fenced with the River of Severe and the in ines ¥ i oe eee , 4 éa as , e~ ; . ’ 4 sod he f° Kye es é yi Sy j ree We ree eae Bish | I Bracke lh: fh yond det: ysdsop en dae ae abel a fl Fe It is to be obferved, that originally within: this ae Kingdome, Earldomes of Counties in the ancient | Englith Saxon Government » were not onely Dignities of Honour, but alfo:Offices of juftice, for that they did farther the adminiftration of jnftice iin the Counties whereof they were Earls or Aldermen. They had like- -wife their Deputies under them , the Sheriff an @fhicer yetin being, and retayningthe name of his Subfticuti+ on, in Latine therefore called Vicecomes,as it is to beread at large in Gambder. teas ‘| _ The Earls, in recompence of their travell concern= ing the Officers of the County received a Sallary,name= ly,the third peny of the profits of the faid County;which _ cuftome: continued along time after the Conqueft, and was inferted asa ‘Princely: benevolence or gitc in theif Patents of Creation (as by divers ancient Patents theres of may appear )which afterwards were turned into pen= - fions, for thebetter maintenance of that honour’, as appeareth by a Book Cafe upon the pleading of a _ Pattent,. whereby: King Henry the fixth Created that worthy Knight 5 Sir. be Falbott Earl'of Biro ies |. + AiTréatifeof the Novility; . 93 | which penfion is fo annexed to their dignity; as that by any meansof Alienation, it cannot beat any time " fevered and disjoyned from the fame 5 and:therefore 4 inrefpect of fuch penfions, which were the third: part |of the profitsof the County , orfuch other fum given — | inlieuthereof , fome men have, not without: probabi- | lity thereof imagined,guod Comites nominabantur quia | n.multes fifcu Regis Socti et Comites item participes ef- | fent; vide Cooks 7 part 34.da.00 0 1st hates |. -Of the fingle Earls, and not Palatine within the | Realm of England, there were and have been princi- | pally two kindes, but every of them fubdivided into | feverall branches, for they either take name of a place, or hold their title without-any place atall. Thoféthat | take their name of a place are of two kindes) -for ei | ther the fame place isa County (and this is moft-ufue j all) asthe Earl of Dewon-Shire, Cornwall, Kent ,-&es | or elfe of fome other place being no County: as a | Town, Caftle, Honour, or fuch like:; of which Jatet } fort, fome are molt ancient, having their originall even from the Conquerer, or fhortly after, as the Earldome } of Richmond in York-Shire, Clarence in Suffolk, ‘Aruns — | del ni Suffex ; all which had theiroriginallin the time } of the Conquerer, by Donation: 6f thofe;Caltles, and } Honors the Earldome of: Bath,inthe timeot H..7.and. } after in the time of H.8: etected in thé Family where itnow remayneth :and the Earldome of Bridgewater, } whereof GilesD awbery was created inthetimeof H.7, | } .- Earldomes,which have their titles without'any places +) ? are likewife of two kindes, either intefpect of oilicesas | | isthe Earl Marfhalbof Ez gland ; for it isgranted inthis | orthelike manner j O fficium Marefcalli, Anglia, with I sds D i.) farther } ATreatife of the Nobility: iP ay | further words, viz. A. B, Gc. Comitem Marefeallin | Maglia creamus ordinavimus or conftituimus » &, By which it appeareth chat the very Office isan | Earldom, which :sicle of Earl Marfhall of England, King Richard.2. gave firltto Lboma. Newbray, Farlof | Nottingbam., whereas before they were alas ftiled Mar(halls of- Eugland, Cambden, 167. : The fecond fort of Earls by birth, and fo are allthe | Sonnes of the Kingsof England, -if they have no other | dignity beftowed upon thems: and therefore it-was {aid that Joba afterwards King of Ezgland, in the lifeof his’ Father, Hen.2. was called countifcane terre, beforehe was afhed co Alice the daughterot the Earl of Moreton in France, though Hollenfed, fol. 193. writing of the degrees of people in England , faith, That: the Kings younger Sonnes are but Genrlemen by birth, till they have received creation from the king of high eftate. Earls, and all others of rhe degree of Nobility, and honour, have Offices of great truft and confidence, be» | | ing for two principall purpofes, ad confisleudum Regi terspore Pacis, to Councell the King in time of peace, the other, ad defendendum Regem & Patriam tempore belli, to defend the King and Country in time of Warre ; and therefore Antiquity hath given unto themtwo Enfignes _ torefézsble both the faid duties ; For the firft, thehead | is adorned with a Cap of honour, and.a Coronet, -and | the body with a Robe in refemblance of Councell, Ses — condly , They are girt with a fword, in Sens : tharchey mutt be fairhfull and true to defend the Prince * and Country, Cooks 7. part.3 4.4. But to come tothe Kings high Councell of Parlias | ment, No man ought to prefuime before he si received © the. 7 | : AT redife of the Nobility. te 5 | fess of ‘Summtions, forthe raleiis ad confi li- | um ne accedds antequam voceris, the’ formie of awe of | Summons to ani Earl is as followeth. | | Rest, &c. Unto his: welbéloved. Cofin Edebird, ‘Eal lef Oxford greeting. ‘Becaufe bythe affent anid advite of | Gur Councell, for cerrain weighty and urgent bufineff?, concerning us the State and defence of our Kingdom, and Church of England ; we have ordained to be holden jacertain Parliamene at our Citie of Weftminfter, the | 22. day of November next’ coming, and there togecher | with you, and ‘with! thé Prelaces; the great and noble | men of our faid Kingdom, to have conference and trea | ty’; commanding, and firmely enjoyning you, upon your faith and alleageance, whereby you ‘are hélden ‘antons, that the dangers and perills imminent of that bufinefe confideréd, and all exe fer apart, you be prefent the faid day im the fame place withius, ‘and with the Prelates, and great and noble menaforefaid, to treat and give Councell upon the aforefaid buttneles and hereof fail you not, as you tender us, our honour, and | the fafeguard, and defence of our ‘Kingdom, and Church aforefaid,, Witneffe our felf a: Weftminster in the fecond day of March, in the firtt yeer of our Raizn. Cromptons ‘Courts, tit. Parliam. 1, which i is recited out of the Book of Entries. 594, Upon this Writ, three things fav bith éKferved)s ‘Firft, A priviledge incident toan Earl, orother of degree above him }’ for the Kings doth luce him by the name of his Cofin, alchough he peradventtire beof'ne . ‘confanguinity totheXing. =“ “Secondly, When the'King gel eiaeaon ah Barl, or any other Peer of the Realm of the Parliament, he doth D2 fend os 36 a Trent if of the Nobility. - Lak, y ‘fend his Wri, dire&tedto himfelf particularly, and no} ‘ro the Sheriff, “of the County, as the generall artes | are for Knights and Burgeffes for the Parliament. | : Thirdly, “The Writ isto the Earl of Oxford aS 4 \not naming -bim Knight, though he bea Knight,’ and| though that degree be parcel of his name, as appeareth, 3 Hen; 6, fol2z9. And Prifcot chief Jufticein’ the 32, H. 6.29. Thar if -an Efquire bemade Knight, he loofeththe name of E- Aquire: But if a Knight be made aNobleman; he doth till retain the name ot Knight, and fo ought to be ftiled in all. Writs,,.And Cooks4,,part.fol, 1182, faith, That if a Baron be:created an Earl, yet-his titleof Baron dothcontinue,. But in Plordens Book.2 13. It is agreed, That if the Grown:of England do defcend toa Duke, -within England, his name of Duke is = gone for omne ma- ‘ai sollit minus, bir The ae Sof Nias i 4 a Addition of Honour. Bier a . Mani is created an Fad Vebvontl or into -any other title of honour above them, his tide is become parcell of hisname (and notan addition only) and inal! legall proceedings, he ought to be ftiled by . that his dignity, | In thefirft yeer of King Edward 3. fol. 51, a Wrie of Fortedon, was brought again. Ricbard fon to Alin, late Earl of Arundel, and did demand the Mannor of = : wit n ATremifeof the Nobilin. 3. i With the A ppurtenants, 8c. ‘The Tenant hy his learned: : Councell, did plead; thathe is Earl of Arundel, and. 4, Was\ Earl the fame day of the Writ purchafed, and de-: | Manded Judgement of the Writ, becaufe he was not. }, Mamed inthe fame according to his dignity, andtitle: _ of Hong ur, to whichthe Demandanr, faith, That at day,» jj and time, when he did purchafe the Writ, the Tenane’ . Watnot known, nortaken robe an Earl, and it is hard’ t Juftice, if che Wric fhould abare without any default? 4 in the Plantiffe. Neverthelefle, Becaufe the crathof the: y Matter, fo chat the Earldom did defcend unto him, ‘be-. » fore the Plaintiff commenced his Action, and purcha-! |, fed. his Writagainft him; therefore. by judgement, ‘his Writ was abated, alrhoughthe Tenant’ was not at that. _ time known, or bolden robe an Earl. Bucif a Baron _-be Plantiff or Defendant, &c.° It isnot of neceffity to name Baron, 8.H,6.10. Yet fee a diftin&ion of Barons concerning this matter heer following, Fol.27.D, And fo Reynald Gray was reputed. an Efquire, after | the Earldom difcended ro him, till at the laft;ic-was pubs | lithed, and declared by the Queen, ‘and by the Heralds, that be was Earl of:Kent in right, and by difcent, ale though he\was reputed; or named Earl before thar times Dyer. 348: libto, 2) 2s ¥.300 4 theart _ Additionof Name. | Rus Addition rey benfed or omitted at pleafure, — : . AHexcept in fome fpecial! cafes; where proceffes of ca D 3 Ut- — Te ee sr hiife of the ebibey, Uclary lyeth, as hereafter followeth, the title of Supreni! nium caput ecclefie Anglicans, which was by A&of- Parliament, ia the 36. yeer of A.S.c.1. &40.35-H8. cap:3. annexed to the Emperiall Crown of this Realm; ~ is no parcell of the Kirg: by ftile: but only an addition» of the Kings ftile, fo thar it may be omitted gn thé Summons of the Parliament (asic was donein the firft ~ yeer of Queen AZwy) or ufed, as ic was by thelate Queen Ekizabheth, and by the King that now is, athis pleafure, and fo it is adjudged as you may readi in Dyer, Inthe firft yeer of Queen AZary, Fol.98; Arid fois thé Law declared by authority of Parliament, 1462. Pbil.- —, G@ Mary, cap.8,256.. Seein Fox his Book of Haarsyes, ‘ Fol, 217. Anargument made by Mzles contrary. But between the Majelticall: ftile of the King, and bi se title of honour, appertaining to a Subject; this ’ eifference is berweeén grants or purchafés made by, orto the King; and'grants or purchafes made by, or to a’ Nobleman, &c.: For in that firt Cafe itis neceffary, thar the Name’ of' Kings be éxpreffed, otherwife they are voide andof none effe&. But if a "Duke, Earl, or, other of the Nobilicy do purchafe, or grant by the Name of: Baptifn, and furname, omitting other title of ho- nour; it isnot void, but good enough, for itis arnle i — inthe Law, That every mans grant fhall be conftrued — moft ftrongly againft the grantor, and moft for thebes — nefirof him, to whom the grant is made, and fo ut Res wsagis valeat quam percat, that the matter. may rather be ftrengrhened, then void ; for there is a great diverfity in Law, between Writs and Grants; for if Writs be not formally miade,-they thall -be: abated, which isno— preater r prgudics ‘en the. Sad i another Writ ; BT} "But | | Pee “A THnIR ef rhe ebileys | ae ‘ But it a Grant fhould fo Ligerfie, be made void, then the — '‘|party hathno remedy to have a new; for that canta ‘|ethe Law doth not favour advantages, ‘by eccafionsof — | Miftomer, more then the ftri& rule of the Law dork |require, Cooks 6. part. 64,6, Et fequentia, falfe Latine fhail abatea Wrir, butnot aGrant, Ibidem, |- Andif an Earl be Planciffor Demandant, and hangs _ ing, the Writ fhall not abate ; but mevertheleffe he fhalt | proceed and count by the nameof’ an Earl, according to fuch ticle of honour, ashe did b:ar at ‘the time of his a&ion commenced, P2fcb. 13. Edw.3. brief 259. Pafcb. 3g. Edm, 3. Prcedinte: 2,32. Hen. 8.39. 7. Hew. 6, 1314.5, Es fequentia, 25. E43. 39, 22, Ricb.2. brief 9. | 37. & Pafch.24. Edm. 3.14. But if the Plantiff in a -qiere impedit, be made Knight, hanging the W rir, the Writ thall abate, Cooks 7. part,27. b, There is a Statute made in th: firf yeer of H. 5+ C45. wherein is csntained as following. — Item, cis ordained and ¢ftablifhed, that in every | Originall Writ ef accounts perfonall , Appeals and | Indi&ments, in which the Exigenr fhall be awarded in the Namé of ‘the Defendants.’ In fiach Wiits, originall Appeals, and Iadi&tments, addition fhall be made of | their eftare and’degree, or miftery, and the Towns, Hamlets or places, and the Counties where they were, -erbeconverfant, and if by Proceffe upon the faid Ori -ginall, Writs » Appeals or Imdiétments, inthe whichthe | | additions be oniiteed any Ouslaries be pronounced’, ||) the faid Writs and Tndi&ments fhall be abated, by the execution of the party, wherein the faid additions are | | omitted, provided alwayes, that though the faid Writs | of additions perfonall,be not according to the Records, | D rd 4 and 40. | A Treatife of the Nobslity, and deeds by the furpluffage of the additions aforefaid, Thar for his caufechey are not abated; and that the}i Clerks of the Chancery, under whofe names fuch Writs fhall go forth wricren,. (hall nor leave out or make o- miffion of the faid Additions, as is aforefaid,upon pointe |i _ tobe punifhed, and tomake a fine tothe King by the difcretion of the Chancellor. And this Ordinance fhall |: begin to hold place at the fuite of the party, trom the | feait of Saint Afichael next enfuing forwards, Although the addition of eftace, degree and myftery | tobe added unto namesy be written in the Stature, firtt | - andbefore the additionsef place and Counties, yerir | hath been ufzd alwayes after che making of the faid | Statute, to place the additions of eftare, degree, and miftery, after the places and County in every Wii, Appeals and Indi&tments againft common perfons, Bur the wfé is other wile in Appeals and Indiétments of Treafon or Feilony againft Dukes,Marquefles, and Earls for their names of degrees, arein fuch Cafes puc before the Additions of places and Counties, as Charles Earl of Weftmerland, late of Bramjpeth in the County of Durif, Thelowell. lib.6.cap.14. Names of dignity, as Dukes Earls, Barons, Knights, Serjant at Law, &c. Be contained wirhin this word. degree, forgradus continct flatum in fe, & non é contra rio, degree doth contain ftate in ic felf, and nor of the contrary ; for che {tateof aman, as Gentleman, Efquire, Yeoman, Widdow, fingle- Woman &c. And the art or - craft of aman is his myltery, by Brook chief Juftice in the Common-Pleas, in abridgement of the Cafe of 14. (Flee 6, fol. 05. tital nofve dignitat. 33. = |) «) See in Cooks 8, parts 156. Fobu Stile is bound by a ee aes ay ee ORE te Oe ee ee Bier eC a gee Tee Pe _ | A Freatifeof the Nobility. . ax dbligationto 7. B, rheobliger is afterwards made inco ticle of honour, ora Knight, the Bond is forfeited - YB. by-his Acturney draweth a note or title, for: an s priginall, according ro the Defendants degree(although tit vary from the fpecialty) as ic ougheto be made by che Scatute, bur the Curficor mifaking, did make the l sriginall onely, according to fach addirion as was {pe- ¢ cified in the obligation, omiccing his degree of digniry, and che entry of the C :pias alias & plures, was according tothe faid Originall, burin the Exigenr, and ‘Procla- mation, and in the’ Entry of it, the Defendant was named according to his degree.of dignity, upon a Writ of Errour, after judgement doubt was, if this might be aniended in another Court, then where the original wasmade. > | ‘ as %r, sw a Swe eS z | pike 2 Se te { ba so Sty his ess ie ity yeh pve) ehh ‘Injuries done to the name and honour of a Nobleman, WN the fecond yeer of Richard2. inthe firk & Chapter, It was inacted, that counterfei- tersof falfe news, and of horrible andfalfe | lyesof Prelates, Dukes, Earls, Barons, and / | other Nobles, andgreatmenof the Realm; | | and alfo of the Chancellor, Treafurer, Clerk of the Privy. Seal, Steward of the Kings |} ae : Te OU om i ~ of whomthe word fhall be moved, jolie eae no WS a A, ee We Se oe Treatife of the Nobilings Houfe, Juftices of the one Bench, or of the : other, and of other great. officers of the} Realm, of things which by the faid Prelates,) Lords, Nobles, and Officers aforefaid, weret never fpoken, touched, nor thought in great -flander of the faid Prelates, Lords, Nobles,) and Officers, whereby debates, and difcords might arife betwixt the faid Lords, and Com- mons, (which God forbid; ) and whereof great perilland mifchief might come to all the Realm, and quick fubverfion,and deftru- ction of the faid Realm, if die remedy be not provided. Itis ftraightly defended upon | grievous pain, for to efchew the faiddam-. mages, and perils; that from henceforth none be fo hardy, to finde, fay, ortell any falfe news, lyes,or other falfe reports of Prelates, Lords, and) of other Officers aforefaid ; whereof difcord, orany {lander might arife | within the faid Realm, and he that doththe | fame, fhall incurre, and have the pain ordai- ned thereof by the Stature of Weffminfter, in. the firft Chapter 33. which will, that he be taken and imprifoned, till he have found him, And further, By another Statute made i in 22.Richard 2. eap.1i. It was moreover en-— acted, That when the faid offender is aso an : ‘ ie a , if I | ATreatifeof the Nobility. 43 ind imprifoned, and cannot finde him that. vake the words, then he fhall be punithed Wy theadvife of the Counce!ll. And tothe | | ntent that fuch evill difpofed perfons, which _| tly their lewd fpeeches,and flanderous words —s | jrreports, do endeavour, to break, erdif- iuiet the peace of the Realm, might the Jooner be inquired, feund out, and punifhed, fry a Statute made Anno 2. Phil. G Mary. It vas further eftablifhed, That the Juftices of Peacein every, Shire, City, or Town Cor- porate, within the limits of their feverall ysommiihions, fhall have full power to exa- Jnine, hear, ‘and determine the caufes afore- Jaidy inthe f2idtwo Ads of Edward the firft, sand Rithardthéfecond fpecified, andto put he faid two Statutes, and every branch ia hem contained in due execution, that con-. jigne punifhment be ‘not deferred from fuch offenders; and befides, the afore mentioned )senalties affigned to be infliéted upon tranf- W2refiors,’ by the aforefaid Statutes, every! | Nobleman,’and great Officer of the Realm,| apainit whem any {candalous words, falfey) jnews, orlyes be fpoken, may profecute a- Weaink the offender, an action, de (caudal \magndtum',’ aad recover dammages agzinft ~ him; and in like fort, may every inferior ARNO? | perfon Ag. ATreatife of the Nobility. “onl | perfen, for any fuch like words of infamy); againft him, perfue an action upon his caufe} againft the offender, and recover his dam- MaSeS.” wath Ashe seve _ Andif any perfon fhall exhibite a Bill into), the Starrechamber againft a Nobleman (or}, other,) and amongft other things, charge him with murther, piracy, robbery, oro-| ther fellony , or tobea procurator thereof, or acceflary thereunto, or with any other | offence, which is not, examinable in the faid | Court; the defendant in. the faid Bill, may profecute againft the complanant therein, an a@ion upon the caufe, and recover his dammages, for his Bill was exhibited ef ma- lice by the complainant, to remain of record in the faid Court, to the infamy-and flander of the defendant, and not punifh him for the faid offences fuggefted. in the faid Bill by a mpcourfe of Juftice, feeing the Court of Starre- _ chamber hath.no authority to inquire. of, or / punifh the fame offence; butif the complai- ant did fuggeft.in his Billof complainant, ny matter againft the defendant,,. which is examinable inthe faid Court, then no action upon the cafe is. maintainable again him by | thedefendant, therefore though the matter \\ furmifed be meerly. falfe, for it is donein | , ae vee courfe AT reanle of the Novitity. jpourfe of "which did fpeak any infamous, or flanderous “words of another. Dyer. 285. and in Kelway, 13. Henry 7. 27. Cooks 4. part. 14. Book, 2. Richard 3.9.6. Inwhich Book youmay "read atlarge, wherethe Lord Beauchampe did fue an aGtion upon the Statute of the2. Rich. 2. cap. 5. de [candalis magnatum againft Sir i ot \Rishard Crafts, becaufe he did fuea Writ of forging of falfe deeds againft the faid Lord | Beauchampe, and the defendant deth juttifie Ithe {aid flander by theufeof the faid Writ, a “yt | 4 Statute Laws, comcerning flanderers; for | Jaftice co (ub judice lis eff, whether 2 i] Whe matters faggefted be true, or falfe, untill |} "hey be proved: Andina former ages, fpee- — "ches tending to the reproach of others, . lwere fo odious, that King Edgar, Le. 4. - ‘ordained that-histongue fhould be cut out, | And the demurrer was.good, andoutof = | ithe intendment of the Common Laws, or |mno punifhment hath been at any time ap- | pointed for fuits in Law, though the matter ) y | : be falfe, and for vexationonly, other then amerciaments, or finetothe King; andthere: forethe plantiff is fuiiciently Sichaiged af gaint the faid Lord Beauchampe, not only |) for the time that the fuite is dspeading oe | Us, ie 46 ~~ = A Treatife of the Nobility, =~} batafter the ation tryed; or otherwife end’ _ ed, yea, though the Plantiff were non-{uited} or by other means it went againft him; fo’ _ if a@ions of revenge upon the event it woulc| - terrifie, :and difcharge many, who have jufit caufe to complain for fear of infinite vexati- . ; ons for the event and fuccefle of fuits, anc _-‘ Matters in ation, is uncertain; Cooks 6. part} i ‘40. 4o. n mee VO “oth | Thereis another foul puddle that arifech fromthe fame corrupt quagmire, and diftil- deth out of a heart, likewife infe&ed with - malice and envy ; but is divifed, and pra@ifed by another mean, then the former; which’ _ asby libelling, fecret flandering and defa- ‘ting of another, for this privy backbiter, __ deth not by wards impeach his adverfary ir fo manifeft and turbulent manner, as the collerick menacer in his fury doth , feeming to fit quietly in his Study , he doth more Mdeeply pinch him, and infixeth a more du- rable wound into his fame and credit, then “the other boyfterous fellow doth in’ his body, who in a moment, threatheth to do » more then peradventure he after is willing, ) or dareth to do’in an age. The Menacer lay- ) ethopenhis Name, and his grief, and ftan- ) — déthin the face of his onemy,and cya: id dhefcadstimiel€:. pret 4 But this fecree Canker the puibeller,concealeth his name, waideth himfelf ina corner,and privily ftingeth him in fame,’ ;eputation, and credit; who when feither knoweth from ywhom, or for what canfe he yeceiveth his blows, nor yet yaath means therein to defend jumfelf; and whether his li- yelling, fecret flandering, or lefaming, be againft a publike , Magiftrate, or private Perfon; ;Yetitmay tead tothe breach wf the peace, tothe raifing of yuarrels,and effufion of bloud; ‘ind fo may be. a fpeciall impe- , iment, which all good policy ,:ndevoureth to maintain; for , f it be againft a publike Magi- strate, it is a great fcandall, -ind offence to the King his | — ATreatifeof the Nobility, —=§-»-§-s 4H he corrafive of! hisjiand doth thereby give a Jorewarning'tohisadverfary,toprovidefor, ‘roanother fcanda- Note; Thar if2 man do write un-_ lous words, and re: ports 5 touching a Nobleman , and this Letter be fign- ed with his Seal ; and fub{cribed wick his name; yet upon ; this Letter, thewed upon evidence, the Nobleman may re- cover dammages in an action, de fcan- dis magnatuns where- of you may fee two Prefidents in Cramp- tons Lufisccef Peace, 85. Butif a man do write any matter of defamation to the party himfelf, chac isthereby traduced) and fub{cribe, and feal the fame with-) out other publicati-| ondone by himfel§ Duaie.’ a chief Magiftrates, and the whole Govern nent of the Realm, to afsign fuch an Officer ,Otule and govera others, who himifelf is” fs voyd 48 A Trewifeof theNobility, - | - yoyd of government, and fhall deferve to bi) impeached with fuch crimes, as he fhalk bi taxed with, or fhall be imputed unto him by/ iG fuch an infamous: Libell; anduf icbe but 2: | gainfta private perfon; yetfeeing thata Li} -» bell, or other note of infamy is intended tc \defame him,’ to tread.his honour and eftima- i tion inthe duft, and root out his reputatior| | and credit from the face of the earth,to make hima fcornto his enemies, and to be deridec} | and defpifed of -his neighbours; © it doth’ greatly kindle the wroth of him, and of fuch as be of his kindred and. allies,. and true | friendthip,and urge them to revenge ; whete: | upon, do oftentimes enfuie grudges, quarrels, frayes, combats, and man-flaughter.: Some: times the malicious defamer, powreth out bis venome in writing, by a {candalous Book, E- pigram,or Rime, ¢itherin Meeter or.Profe; Some other times by fongs, fcoffs, jefts, and . taunts, and divers times by hanging-ef pi- | &ares of reproach,fignes of fhamejortokens of difgrace neer the place the party thereby traduced, doth moft converfe, asthe picture of the gallows, pillory; cucking-ftool horns, or otherfuch like. In which cafes; the Law hath provided, that the party delinquent; “when he is found out, and Br cae pt ie “bq _ ATreaife of the Nobilitye. == ag faarply punifhed; Fer he may be either diéed for the fame offence, by the ordina- y courfe of the Common-law, orelfea Bill hay’ be exhibiced-againft him in the Starre- lhamber, where he fhall be punithed, ac- jording to the quality of his demerits, by line, and imprifonment ; andif it beamexor-= Jitant offence, then by pillory, loffe*of his jars, whipping, Sc. Or the party grieved, inay have amaCtion of the cateagainft the iffender, and recover hisdammages: Addis dnis Cafe icis not materiall; whether the Libel je crue’ or falfe; or the parties fcandalized lacreby, besliving or dead; or be of good jamie or evill, for chough the party be.defa> Wied, andthe Libell truerbe. evill; yer our | ood Laws be previdedto punifh-hini, :and Juch like evillomen by due courfe of Jaftice; dfter his offence sis prefented; ‘inquired of , j-yed, and proved to his face, before lawful, {lagiftrats, thereunto affigned, and heis not > be. carpedy accufed and: condemned: ima) Jorner behinde his back; by. any’othér pri-| jateperfon, who intrudeth himfelf with- jut warranttobe a Cenfurerof mannérsjand|) | . ither feeketh the difcreditof the party then;) | : en’the reformation of his faults, for his | }-cret fearching into, and. fifting into other P 7 B mens be Fol. 16. Cooks 5: part. 125. third Book, Fo/.8.to A. Yea,if a Nobleman: Coat, Armour, or Sword, or other Gentle mans bearing Arms at the. folemnizing o their Funeralls, fet up inthe Church Chap: pelor Chancell, for the honour of the body of the incumbent there; pretending thema |) “fhallnot be given to the Widdow, thong] i “fhe be Executrix or Adminiftratix of her hus | bands goods for fuch things as ferve for: thy “Shonour of the party deceafed, are not toby! accompted sater bona T i » asthe good | Q: 1 50 AF reatife of the Nobility. 7 . mens conditions, diving into their offeaces, and divulging them to their difcredits dock convince the offenderto be a mamof alewe _ difpofition to have made fhipwrack of ht confcience, anddoth brandhim, during hi; life, with the name of an infamous Libeller or fcandalous backbiter, Fardinands bia | _. -Andto concludethis matter, concerning| _ the wrong donc to the name. and dignity of {| - Nobleman, this may be added, Thacit ii unlawful for any perfonto ufurpe the Arm: Of:another. Cook to the Reader before hi defund be taken down by:the covetoufnef: offerings due to-him,or if they be defaced by any other;fuch are to be punithed ericvoutly as malefactors, and in that cafe the adiot: \ f q ee A Treatife of the Nobility. “ogy if the Teftator; burthe heirs (hall havethe ¢ { dif a eee é RNS ate 3 . Fy hour, Nam cut injnria ei avervatjus, to whom he wrong isdone, right doth belong; but nd therein efpecially to theheir, quz eft toti- Bn the cafe. Vifcounts. 4. % Vicount, thisisan ancientnameof Offiee, buta new tirleof honour, and by Henry the firft brought in, ywho conferred that title upon Fobn Lord Beamont, i a Bar ONS. | iL \ the next places and the laft of the Rank; Trnow jtion of- a Baron. Secondly, The Etymologie of the jname. Thirdly, The antiquity thereof, andthe divers putes of the name in former ages. Fourthly, The divifis ong and confiderations of the feverall kindes of Barons. 0 hae E 2 And a PMP RAEN thas Bas teas

RO NS by Tenure. ff i H _ —— a —— )} Arons by tetiute are thofe which doe hold any Hos | B , nour, Caftle, or Masinour as the head of their Barony. — hi per Baroniam, which is Grand Serjeanty : And thefé _ . Barons by tenure are of twoforts; Barons fpirituall py tenure, and Barons temporall by tenure: Of Barons, | pirituall by tenure fufficient is {aid beforeinthefirftleafeof || jhis Treatife, whereuntothis may be added; That it appeas eth byall ancient Writers of our Lawes, as Brittow, Glaze | ile, Bratton,and the reft,thatthe Archbifhopsand Bifhops = fthe Realtne inthe ancient Saxons dayes,as wellduring | he time that this Realme was divided irito divers Kings | Jiomes, as alfo after the uniting of them into one Monarchy, Jverecalled tothe Parliament or Affembly of States or wifé nen, not fo muchin tefpe& of their tenure, for in thofe jaycs all their tenures were by franck almoigne; butefpes jally forthat the lawes and counfels of men are then moft |) utrantand commendable, and have a more bleffed iffue nd fucceffe, when they are grounded upon the feare of J50d,, the root and beginning of all true wifdome: and nerefore our wile and religious Anceftors called to theit || enerall Councell , or Witten ef gmote ,or Court of Wif> |) ome /as they calledir) thofe chiefeand principal perfons | | Af the Clergy, which by their place and profeffion, by theit .) } | o.° o- . i ° ce Sravities , learning, and wifdome, might beft advifewhaet | fvas the law of Gods acceptable will and pleafirre; that they 9) sight frame their humane lawes anfwerable ; or atleaft not |) onttaty and repugnant thereunto. oo | eeu, yeaa Gh Ses ee i J ee caereneiemraea eS Vee Pdi a é,, & ig Sh ik , er watt * il . eh 3 ATreatife of the Nobility, = _ As touching the temporall Barons by che tenure,mentiot roniaminmanu(aaretinet Rex ,donecihares garantum [unm | fecerit de relivio , licet hares ipfe. plenam habuerit atatem. | Whichreliefe of Barons for the Barony by, tenure was a _ thartimeuncertain,and rentable atthe pleafure of the King | Ofwhichalfohewriteth thus. Dicitur autem rationabile re i. - bivinm alicujus jaxta confuetudinem regui, defeodo unius Mi | fatatum est, quiajuxta voluntatem & mifericordiam Dom ni:Reges folent Baroni. capitales de relivits furs Domino Reg the reliefé due forthe fame. eae |. -Intertio H,3. there was argued an ancient Prerogatiy __, belongingto the Crowne, and ufuall even from the Con - queft unto thefe times, authentickly written in thefe words _ and fo reported by Fitzherbert ; Quod fialiquis Baro Domi ni Regis renens de Rege obiiffer, O non haberet haredes nifi fi | Uias; & primogenita filicmaritate fant in vita Patris, Domi | nus Rex daret poitnatam filiam, qua remaneret in haredital | obiiffer feifitus, ita quod alia filia nihil recuperent ver{us pof ‘ v \ vitarem a conquest#. ismade of them inthe Books of the Law, Records, and an) cient Monuments of the Realme: thefé are the words o} _ Glanvile ; Mortuo enim aliquo capital Barane [uo, ftatim Ba: , bites centum folidos : de foceagio ver, quantum valet cenfius, al | Lins feccagit per unum annum: De Baronis vero nihil certun| i fatisfacere, lib.g.cap.4.. Butfuch uncertainty was brough | | tocertainty by the flatute of Afagua( hartacap.2. foher we have fpeech of the Barony Temporall by tenure,ando, patris, alicuimilit [uor’,cumtota hareditate Patris [uideqa ndtam filiane in vita {nas Et omues Reges habuerunt hanc dig | mention of Barons temporall by tenure. eas a a | ' . Itfhall be needleffe here againe to. remember the form (Pz: MBE: fk boro) Lr dere byalled nh yt laf of feremrht Pas hilo Bratton libs fol. 35160 fal. 357.doth make exprell : | | alledged - etumseeaa hae the head‘of 4 Barony. de- || | | fending unto daughters fhould not bedivided by partiti=/} J on, which argueth hikctwife the tenure by Barony. But let!) | us defcend to 5 othe authorities , that is tofay,to the Book -cafein 48.F,3.fol.30. Sir Ralph tenes his cafe ; by which) | cafecflaw is moft evidently proved that there are Baron : | by tenure, and in regard of fuch theirtenure ought to, 7 fiummoned to Pitiicnent: And to this purpofe you may | read a private ftatute in the eleventh yeere of Henry the fixth mentioned alfo in (ambdex concerning the Earl-| dome of Arundell :and alfoanother ftatute'to the fame Med | pofe made 27.2.6. for the finall determination of a contro= verfie between William Earl of Arundell,and Thomas Earl, 4 of Devonhhite, for place and preheminencein Parliament, | / T would with that thofe who deny that there were or are) any Batons by tenure, fhould confider advifedly the fta=) “tuteof Weftminfter the ad, cap.41. where the Fees of th : | Earle Marfhalland Lord Chamberlainare exprefled, which | are tobe taken by them, uponthe homage done of every Ba-) | ron by tenure, whether the Baron holdeth by. whole Baton i i ny ot by leffe. ; re § Buterel proceed further, there arifeth a queltion hese | | beconfidered, the refolution whereof may give great lighr,) and inamanner determine the matter in hand, The Qui | ftion therefore is this. Te i t : Queftion ° a . \ 4 oG a Baron by tenure alien and grant away the Honour! | Caftle, and Mannour holden by Barony’, whether thal : } fuch alienee or grantee takeupon him the ftatetitleand dig | nity of a Baron orno? and what fhall become of fuch 2 | a 2° dignity i} ry | i i 4 eb Barter canes pe BR ae ith a eRe Se eas eee ie A Treatife of the Nobility, - | dignity of Barohage after fuch alienation or grant made? _ | ‘They which do deny that there are any fuch Baronies by | tenure, do ufethefe as-their chiefand principal! motives and _ _ seafons. had: ea | | Firk,ifthere be any Baronies by tenure, then thealience | or grantee of fuch Honour, Caftie ,or Mannour fo holden, | mutt hold by the fame tcaure that his feoffor or grantor be- _ fore held; Bucthat was by Barony ; Therefore fuch alience | _ or grantee mufi hold by Barony : And if fuch grant or alie. | nation be madeto perfons bafe, vulgar, or ignoble, they then — . fhould by fach tenure be made noble, which were marvel- | Tous abfurd and fullof inconvenicncy ; for , Non Denzinus | | donzo, fed domsus Domino honestatur,ie Tho. Mulls Perora- | | tion fol 3. | } | Secondly, it is very evident and manifeft chat many an- | _ cient Mannours which in old time were holden per Barovi- | am, and were the Head of Baronies, are now in the tenures — : _ of mean Gentlemen, and others, who neither doe or may — peas: unto themfelyes in any refpeét thereof any No- © i bility, without the great and high difpleafure of the Kings _ -moft excellent Majefty, whois the fountain ofall Nobility _ | within hisDominions. i | Thirdly, fome ancieat Barens there are which have alie~ _ _nedand fold away thofe Caftles and Mannouts , of the i which they have and beare the name and- dignity of Baro- | _nage,and yet themélves doe ftill retain and lawfully keep — \ theireftate, dignity , and degree of Baron, and have been | ¥ ; N ( i -and ufually are (fuch alienation notwithftanding) fummo-_ fi ‘ned neverthelefle tothe Parliament, and they dotake and cb Be _ hold their ancient place according. He TheeAnfwer. : For the becter anfwere to be made to thefe objections, be- | a L nts 49 . M6 ase = a ew HN n Ne barn ; ing ; i" f } \ t S ‘aay | ' } “a 1 eae eee reatife oF ihe Nobility. ; ing. of allothers the moft materiall and of ‘moment ud : | this behalf, it fhall be convenient for the more “eafie unf ding the ftateof this queftion, to exhibite certain neceffa 3 | and requifite propofitions;and upon them to draw true an infallible conclufions, and then to prove them by authorit of Law, confent and time, and manifold prefidents: whic | done, the anfwere will becafily made (as I conecive)to eve Ty of the forefaid objections. . Firft therefore, ifa Baron by tenure, which holdeth an 1} Cale, Honour, or Mannour per Baronsam, do alien or give |) thefame, eitherhe doth it without any licence obtained | | | from his Majefty fo to do, or elfe by fome certain nen in that behalf obtained. : r) } [fhe doe it without licence , then the ibe chiGon’ is cers | | tain by the lawes of this Realine, the Barony’, Caftle, Ho= | fnour, and Mannour fo aliened without licence or confent is | forfeited sand the fame Honour, Cafile, or Mannour fol i Jholden by Barony, and fo alened , is to be feifed into the | |Kings hands forthe faid forfeiture, and fach dignicy and_ Jeftateno longer to be borne and continue, butto be refus j i |med and extinguithed i in the Crowne, from whence it was | |derived. Read hereof in Stamfords Prerogative CAp.7. But i \nota in Cook 2.part 8o.b. 1 | |. The reafon thereof is notable; if we call toremembrance’ i that which was formerly alledged out: of Bratton; That |) 4 t a at SS : |Baroniesarethe ftrength of the Realme, and fuffer nodivi- i Vion ; they faffer alfo no alienation; without the confentor. | icenceofthefoveraign Monarch ; for fo fhould the Realme | seenfeebled, and bafe perfons enabled, without defercof |) rertueor ‘proweffe, For where the ching fo aliened isan. iH _ Honour or head of the Barony, it differs much-from theor~ |) ; linary tenure is capite; whereof if the Tenant make alie- ||| Pa nation” i] Bs salle A Treatile of the Nobility, ‘i tion without licence, hee is. onely to pay fine by the fta- | 1.€.3.cap.12, whereof alfo before the making of the { tute there.was diverfity of opinion atthe Common Law | ft er the flacute of (Magna (harta, But let me cite fome ‘h horities. for che proofe of thefe allegations. Glaavile, © molt ancient Writer of the Lawes of thisRealme now | extant, haththefe words : Notandum autemquod nec Epifcom : pus, nec eAbbas, quincorum Baronia fant de eleemofyna Regis || \G&.eAatevefforis ejus nan polfint de. Dominicis fuss aliquam 4h artem, dare ad remanentiaw, fine allenfa OS confirmatione | Deinins Regis, lib-7. capor.sn fine, ariee Westin. cap.an. | oj In Edward thethirds time certaine land ybeing parcell of (1 i he Barony of Bremsber, was aliened by William de Brufethe ", Baron:hereof, withoutlicence of the King ; and in the ar- i: urea of 4 caule concerming the fame , Greene one of the: pu a ges delivereth this for law, That parcell of A Barony or | ( matildome held of the King in chiefe, cannot be aliened or 1} difinembred without his ligence ; and if it be, itfhall bee | gifcd intothe Kings, hands. as forfeit, and the King fhallbe ifed thercofin his.qwntightagain, ./ Al . n A * qs ie 6 Ae a ww -In.46.£.3.it,was found by office that Wane Bilhop of | Chefter had leafed. uaro onefohs’ PefPon for his-life a Man- | our, which was parcell of che Mannour of shefaid Bifho- } pricke, without ligence,; and it was relolved, by.the Judges, | ne] ‘d f ‘7d and other of the Kings Councell., that thefamewas ford | it sbut by.medigtion of thelaid Gouncell the Bifhop fub= att A) himlelfe ache King, aad.made a fine; and feverall WERE La 451i fned out again{t; chen thar had received the | mmalucprouts,to,anfwer unta,the, King’ thereof.:And thus’ | much concetningwalienation-of Baromes withoytiicence.’ Butonthe ogber paftyifa Baren?byitenure which hol- |) deth any Honour, Caltle or Mannour by Barony,dogrant. ; M baie 3 Py: : i oy Re it is to < Abe i ‘ aia ts Bed biel on A ; my f ian ee rere EEN rl y Le ae TANS Hee pa A A Tretife oft the inebiliy: wralien the fame by licence, I muft again. diftinguith : Fer Ficher fuch alienation is made for the continuance of his Ba fony, Honours, Lands and Tenements, in hisowne name plood, iffue male : Or elfe the fame alienation ismade for nony, orether recompence,or otherwife, toamecreftran- | ker : and hereof enfueth this fecond conclufion or aflertion. | Thatiffuch alienation be made for the continuance of | he Barony in his nameand blood, or iffue male(as many iave made the like ) then haye the iffaes male together with — he Barony, be it Caftle, Honour yor Mannour: fo heen, | | heldalfoand lawfully enjoyed the name, ftile,titlesand dig. | pity ofa Baron} and thereof bave the heires: generail,or pext hcires fconele been excluded and debarred. And EA | 1¢ proofof this affertion there may manifold prefidentsb roduced,wherofcertain have happened almoft imevery age |) JO 300. yeers {pace ; nainely, fo long in effect as there have i pin obfervations thereof: of which fome certain’ docientue.* | wriligageiae Fer- ee (Margareta | barits,(omes Der-~ | S”~:*C Committ aff Derby, j 4, obit Anno er Dominade 306 i, Ze fee Groobyy ~~ | Robertas a Will, de Ferrar, Verrariis Cowes —— Dom de Grooby ex : Derby. dono Matré. , Fohanues | Wiliam deFere. Te Ferariis cs Dom, varits, Dominus de de Charley, | os Graobys i! | . F 4 Ie.) * \ i tas Fy is i ha ‘A Treaiife of the Nobility, q Te appeareth by anoffice found after the death of W2//iam) _ @e Ferrariis Lord of Grooby 23.H.6. that A¢argaret Lady)’ _ of Grooby gave to William Ferrars her fecond fonne, and tq) _ the heires of his body , the Mannour of Grooby, &c, By _ -vertue of which gift, the {aid 7villiam Ferrars and his heires _ Were ever after Barons of Grooby. | Robert Walleron Baron of Kilpeck died in 1.£d.x, with - put heires of his body ; and Robert Walleron, fonne of Willis am, brother of the faid Robert, was his next heire: yet nots. _ withftanding the faid Robert dying gavetoedilen Plagenct fonne of eA/lice his fitter, the Caftle, Mannour, and Lords _ thipof Kilpeck, withtheappurtenances , To have untothe - faid efllex, and to theheiresof his body comming, as aps - peareth by his office, &c. By vertue of which gift the faid elfen was Baron of Kilpeck, and fummoned among other . Baronsto the Parliament : and he died 27,£.1. i 3 sa DP eeecite of the neil, : ‘ae ee Walleron foo Baronof Kile —— : ee G pecke. 4 Robert | | Walleren Ba- | eAlice : | ron of Kilpec married to | obiit fiue txie _ Plagenet. if tH,5 Et ee sae? | pie William = Allen Plan | — Walleron, Lenet ‘Baron | | ) ie met ON Kilpecke, a 1. Robert $0ron.dont, By Edmond Watlleron the i ot | Deynecourt — MARE, ye | _ Baron of Bla- | john Deine” oe , hi veg bet 1 # ke 26 ee Willian i An,20+ Deyncourt hs a i! n De so | E.2. Baro of Blax- je hn De | , ronry by rea- : Edmond —fonof the en- Deyneourt. _ taile , obtit 33.E.3. bene q bis | | William : joe MG? . Deyncourt | ony te 7 ante patrem, Ai Willian ; | oe Deyncoure | oe Baron of Br oaagueles Blackeye ~ A Freatife of the Nobility. | The King to all Chriftian people fendeth greeting Ft now ye that whereas lately, for that our well-beloved and ith full fubjeét Edmond Deyncourt pondered and confidered at both hs Sirname and alfo his eAvrmes after his deathia the perfon of Mabell daughter of Edmond Deynicourt his eire apparent, fhould be blotted out of memory, moft earneftly he defired that his Sirname andeArmes after his death for ever might be had inremembrance :T0 whofe requeft, for the worthy fervice as weil to our father Edward date King of E ng= \| land, as alfoto our felfe, by our Letters Patents doe grant and |) givelicence for ts and our bheires, fo much as in us lyeth, tothe: |) fatd. Edmond ,'to difpofe and give all bis Adanours , Lands, ) Teuements, and Knights fees with their appurtenances and 1) eAdvowfons of Churches, Abies, and Priories , and Hofpi- / talls which heholdeth of ts inchiefe ,towhom he pleafeth, To: \ have andte hold to him and his heires, for us and our heires, by the fervice thereof for ever.’ "ee | }) By which Grant the laid Edmond gave all his Lands and | } | Tenementsto one William foune of fohn Deyncourt, and to his heires of his body comming >And the faid Edmond dy-' edthe laft yeereof Edward thefecond, and the faid William inthetime cf Edward the third wasfummoned among other Barons to the Parliament, by. vertue of the fame gift , untill V hisdeath, which was e4zz0 3.£. 32. : | = S Sata |. -Ic appeareth by divers officesinthe timeof King Edward } chethird, that fobs Handlow inthe tight of ~AZaud his wife “was feized of the Mannour of Holgate, Afton Burnellacc forcetme of her life, remainder to Nicolas Handlow alias | Burnell,fonneto the faid Maudand Fohz by a finein the Court levied, andthat Johw Lovel/ was next heire of the id Adaud,and her firft-borne fonne by her firft alan ? entea ae ees emake eo i , 4d: SS eserardl ihe faid cen anetlabiee among o- fier Lordstothe Parliament; by reafon of the: fineafo d,and not he faid sink Lovel, whay was nexplicires© s Philip | Burnell Ba- ron of Hole: ate. | jo Maud Bur- fell the frp well heireto ——_—— 1 beta: ; of , “ber brother. : | John Beis: dncokat Lord Loa’, : Handlow Ba= vell. | ron of Fol= : Ue. ; \ ighs ; Hugh Pie io: Handlow,ali- well as) Burnell, ee Baron of Hol=- Late. Y. homas | i Dine PARC IGRNY Sines Ue bid bo ys AT reatifeof the Nobility, = = = | ' Thomas de Beauchamp the elder Earle of Warwick, by; ’ fine levied: 18.€.3. entailed the Mannour and Caftle 6) Warwicke, with divers other poffeffions, to himfelfe fol) eerme of his life, the remainder whereof to Guy his eldefl| fonne, and to the heires males of his body iffuing ; for want offuch heiresthe remainderto come to 7 homas Beauchamy brother tothe forefaid Guy, and to his heires males of hi body iffuing, gc. And afterwards the faid Gay died with: | out heires male of his body , leaving two daughters ant _ heires living : afterward the faid Earle dyed, and the faid _ Thomas the fonne entred into the Caftle and Mannour as _ forefaid, with other the premiffes , and was Earle of War- _ wick by reafon of the entaile aforefaid , notwithftanding. _ that Katharine, daughter of Gay ,and next heire to the faid Thomas the elder; was living 30. yeersafterhisdeath, © Mee tice | —— ~ Beschanye — ia ef Earl of Ware ee ws \ WiERs fs esol. | . | ga) ae i : : = okie oe 1 : 5) o de ak athens | aA » Nien Beauchampl. | firft fon, obsie | of Abergancy — if SOE PRET EMES e obiit 12 al 90.£.3.5° Tho. de. & Beauchanspe Earle of War- 1 wicke by rea- fon of the ena | tail,obiit anno { "3 i i i Ws & 4. | Fen a E pai Richard Elizae______- Katharine deBeauchamp — | beth. lived in 21. Earl of War- Rx. wicke obit ge i a 2 iT. s, it owe ; sy | : : Rich, Beay~ - I was. } champEarl of : | > rarwick objit Bem : : 17.1.6 Richard | | Richard Parleak Atundell, fis a iy 21. LE. 3: ental the Caftle, Towne, and Mannor of Arundell, with ot Lands, vo him,and to his heires Males, begotten of the bos q of Ellenor his wife. By vertue of which entaile Johx Lon|" ‘(Matrovers, Eatle of Arundell, after the deceafeof Thoma ce ce Earle, which died withode heire Male, although th . fitters of the faid Thomas poflefled divers Lands and ho nors, of the which the faid Thonsas died feifed in Fee fimple|" x ke. Earle of pcunaa i 4 Richard ‘ ___—— Earle of 4- : randel i Earle of A- Arundell, | rundell, obiit- Knighe,Lordl anno 21.K.2- < Masters: Thomas | Elizabeth Earle of A- — married to randelobit |. 1 BO, Moma: H, bray, Duke ee ye Norfolk, Married to Lewthall. Jane Lady yes G5 Gok Lord Matro- 4 Co John Arund. i vers, obiit, — 6. HI 4. : [ax Matrovers, obiit 9 Ag. Rae f=) of Arun. : by reafon | the entail, — Thom 4 Adi (au Ww! ft Ka vi 4 7 hemrat Lord Behkdey was 29 filed in’ | isd ede Caftle of Barkley, and-Mannour, & : ‘ odin the Kings Court 23.£.3. ofthe sored Caftle,Ma Ir our, &c. to him for terme of his life , remainder to Mo brice oi fonne, and to the heires ale of his body iffui with other wns as aforefaid : the which faid rice had iflue Thomas Lord Barkley, and James Bar r Pe which James dyed in the lifeof his brother, le ing James hisfonne and heire living. After, che fiid The nas Lord Barkley died eAnuo 5.1.5. leaving Elizabethh 3 Id Ti phees and heir married to Richard Earle of Watwick 3 Lier whofe death James his Nephew on the brothers fide | entred intothe Lands,Cafiles,and rem’ aforefzid, by vireue fofthe entaile,and was ianianed among the Barons to the | i Parliament, as Baron of Barkley 9. Hs. which é heabal died in 1.27.6. 1 | Qo aaa Tho. Lord ; See | | Barkley, Aa —— Morrice Lo x Barkley. 4 | | Sir Ia, Bark- Be) Tho. Lerd dey died before ' | Barkley.» his brother ) | | |. Elizmarried James Lo. 5. a , — toRich Earle . Barkley by Wn of Warwick, veafon of the oe | cmtailes Thomas i me | Thomas Lord Dela ware died feifed in his demefneas o fcetaile,to himfelfe and to the heires males of his -body ifs | fuing, by reafon of afinelevied in the timeof his anceftors ofthe Barony De /a ware, with divers other lands in other |) -counties,and died 5.4.6, without heires of his body ; and | Reignold Weft Knight of the halfeblood was next heire, by -featon ofthe entaile aforefaid ,and was fummoned tothe | Parliament; by the name of Reiguold Lord De la ware Knight, although Jobe Griffith was heire generall of the | -aforeftid Phermas Deda ware, being of the whole blood;as ia -appearcth by the gencalogie enfuing. re | t ippearcth by the ge nealogiee g | 4 | i 3 ‘| Til | DR ge a Tn 4 - Dil | ] ~~ Fohxe Py" 9&2 aldo s : tedeid fen MILO sist 997 Pee aecsole a : i ees a EL [beth - fa ba gy laghter 10 A-- Te ‘Rigor’ = ‘Kethavine : dam Lives, LordDe a yb . marriedte Grifs | mie wien re \ fit, a Ft H . i % sgt ti rl abetb | doa | daughter to the : | Lord ead a abe bord oe | b's fecond ¢ la mare died cy IEE el lohan mars without iffue.. ; nied welt Lt alu ee | Thomas Lord, = tobn sabe : B bla we ded - heire generall te Ad } i . > } ahs af bgt without iffue. the Lord Dela~ a. me, me. ware, - t ae as i E ‘ : ite on 9 xX “ me UPN FL, ant ps ee 4 a 7 SRR . tir Reig- sie | | | nold Wet Lord ~ Wee Ps oo a Delaware by ie oe ag te entail. and histhree fifter$ were his next heires generall, but Jo at Fee ae to him and his heires Bale of of his bod y> 7 iu bi ofthe honour and county of Oxford , “with divers othe, ae Lands, Avno18.H.8. died without heires of his ee ‘ de Vere. his next heire Male, as appeareth 5 was Earle chi Pe Oxford |, by reafon ofthe faid entaile, and nane of the thre _ filters obtained Dignity. ee the Richard de A ’ Vere Earleof ee Vieni Oxford, din Beaty ra ae alk | he : a ee ee er Robert. i seen tad “deVere Rs, John pS ov Hebi a | Ee ere Earle of jana Oxford dia eee edrsE. 4: ne John de Yen —— LebndeFere { a ee, Wek ee | Fohude Vere George de | Vere Earle o _ Earle of Ox. yy, KRuiehte Oxford , 6 ford died wsth~ $ vertue of th out if, 4e entaile. | Tobude prere s Eliz.mar- 4 Urfula. Dorothy | Earlof Oxfa. vied to Sir An: married to = married ' died without thos Wing field Edn. Knight- Nevill. fisty 8.8 Knight, , ley Bf "a Atuaife of the web Wily: Walliams Lord Pager of Bewdefert was feifed 3 int aw Sef | Rs of fée, of the Baronies of Laneden and Hawood, and of, - pnd i inthe Mannours of Bewdeferc, Landen, &c. ‘And bé- i ing fo feifed , by fine gxinto (Marie entailed the Baro- | | Mies and Manhouts aforefaid to him and his heires malesof |) | vis body iffuing : And afterward Anno 5.Eliz.died, leaving a Tenry his fonne next héiremalé; Which Henry entted into | he Bareniés and land ‘aforefaid, by vertue of thé fotefaid |) line, and died thereof {eifed 11.Eiz. leaving Elizabeth his | )nely daughter and heire. After whofe death Thomas Pa- |) tet, Brother and heire male of the faid Henry , ented i into | he Baronies and Mannours aforefiid ; and was faimmones { je the Parliament by virtue of the aforelsid eG gta ; Wilkians aie ——Lord Paget of Bewdefert . died anno 5. | Eliz, yh I . Thomas | i og Henry Lord Paget, i i Lord Paget by force of the | 1 died An.y1. entails, after q fia "the death of i his brother i — Elizabeth — is ‘ae i | his ‘daughter 7 ii ‘ana heire, ae | a Gz Rober |) earnest ata Ga 23 Sa ala aay Fak en rs fo ee ne A “ A Treatife of the Nobility: Robert Lord Ogleentred into the Barony of Bothal and) Ogle, with divers other Mannors and Landsin the Counk| __ty of Northumberland, by.conveiance 5 which wasto hime) _ felfefor terme of his life, the remainder to the heires males, ~ofhisbody begotten ; and he took to his wife Dorothy 14 -therington, by whom he had iffue Robert Ogle his eldeft fone, and A4argery his daughter married Gregory Ogle a _ Chippington : And,the (aid Robert the father , after the death of the faid Dorothy his wife, took to his fecond wiff, ' Toane Ratcliffe, by whom he had iffue Catbert his fecond _ fonne; and afterdied. After whofe death Robert the fonne™” -wasLord Ogde, from, whom the fame de{cended to Cuthbert, _ being brother of the halfe blood:, by vertue of the faid ems| taile,and not tothe faid (Margery, nor unto her heires) ~ being of the wholeblood untothe faid Robert the fonne. © att gate ewig Vel nS AT reatife of the Nobility, , ie 1. Joan | | | the daz ne | Dorothy | PO OT of Ciebbers iv ! mghter of | | | Ratcliff Kris Tenry With= | | “the. Second — xgton firfe -| | Caren’ “i Wifes, “ i wife. Ree o> ~ Cuthert f - a | Ogle L.Ogle Pgleh OEE de a died without -— died. a | iffues Margery ee | maried t9 O- 7 | gle of Chip- pingtam 9. . Margery ! ane Ogle. married Robert Wie | theringtons 4 | Cutbert . Ogleof Chip- . | pington. Thomas Ogle, : G3 Moreover | _. fion8 cometo the Crowne, by way of revertor, or efchete true that many ancient Mannours, whjch were anciently holden by Barony, asthehead or parcell of a Barony, are now inthe hands of Gentlemen meane and un-noble by’ _ blood, who neither doe nor may claime any Nobility or} - fervices, fhould thus come to the hands of mean perfonages, es) cil aan Tigh Set) ke Dae ee VRRP Ne WE | Sener PSST SEE se Sag Oe Oe gS mene gneY Peleg eer A Treatife of the Nobility. Moreover , concerning the fecond objection , itis very honour'thereby, But the reafon that fome former gifts} made by the Kings Majefties progenitours, the fupreme So- veraignes of this Realme,to fuch as they honoured, in aug- ‘mentation and fupport of their honour, and by honoutabk are twofold, Firft, for that fiich Mannours have been aliengd by fi.# cenceunto fuch perfons before fpoken , whom fuch poffeffi-/i pons alone cannot make noble. | Secondly, (and that was uftially fuch Mannoursas wer'} holden by Barony ) have upon divers encheafons and occa le or forfejt , by meanes whereof the ancient tepures derives from the Crowne (by reafon of thofe ands fo comming a’| ! gain to the Crown) were extinét, and after the faid land tb were givenor conveyed to others , referving other fervice#t ‘than thofe which ac the firft were duc for thefame ; fo thal! it was no marvaile to fee that fome Mannours ancient!’ cl holden by Barony, or other honourable fervice fhoul# “iow bee holden in foccage, or by other triviall or mean|# tenure. mK ~ Asctothat which was thirdly objeQ@ed, that fome ancill ent Barons there are which have 'aliened and fold awa d thofe Caftles and Mannours, of the whichthey have an doe beare the name and dignity ; and yet neverthelef}! themfelves doe ftill retaine and keep lawfully their eftat dignity and deoree cf a Baron, and have been and are | ) | : ¢ ey A Treatife of the Nobility; =‘ FG deo the Parliament, fich’alienation notwithftanding, - y othis I anfwer, That it is tru¢ybut itproveth nothing _ a igainft the former refolution : And therefore for, better itisfadtion of this obfervation, it isto be confidered, that ch Barons either be originally Barons by writ,er Ba- jms bytenure. Barens by writ (in this refpect now.in sand ) are of twokindes ; For either in fuch writ, where- y they or their Anceftors were at firft {ummoned, they ‘erenamed onely by their owne names ; or elfe there , 'as addition given them of the principal] place of their so0ad ; which was done either for diftin&tion fake, to iver them from fome honourable perfon of che fame fur- flame; or elfe co give them fuch honourable title by addi+ on of the place, which place notwith{tanding was not olden by Barony : And therefore if fuch a Baron doe stien away that place which anciently was his feat , he iay nevertheleffe retain his honourabletitle,in refpect dad of fuch a place, 7 + But ifa Baron by tenure doealien away the honourae ~ (ible Caftle , or Mannour holden by Barony , untoa qiean perfon, not capable of honour, and that by fuffici- at licence fo to doe, and after the alienour which made ich alienation be called by writ to the Parliament, un- ler the title, or as Baron of fuch Honour , Caftle, or fannour fo aliened, he is not any more a Baron by te- are in refpect of that place, for that he hath aliened that way which heheld by Barony ; but thenceforth , after ch writ off{ummons, he is become. Baron by writ, and fay retaine the name of Baron by title of the place, as aron by writ, fuch alienation notwithftanding; fora{- puch as the writ directed at the pleafure of the Prince, oth giyeunto him that addition of name and dignity. | | G 4 And ~ 5 ee er Pare os CEE ae Oe ee S ie aie elie edt Sah BR Oa 5 ie 5 digs i) A Preatife ef the wabilir, pede thus lite touching the refolution of the {aide¢ tt - ftion, and fatisfaction of the faid rapa and of i. ons by tenure. sila Tihs B: ARONS ‘By writ ,. which is ch “fecond kind of Barons mentioned NEE 1 the former Divifions of HAR OMA F Ax Baron by writ ishe, unte ere awritof fum mons (in the name of the King) is directed, t cometo the Parliament, appoinied ata certaim| § time and placeto be holden ; and there , with hai | d Highnelfa the Prelates , Nobility, end Peeviss , to trea and advife touching the waighty affairs of the Realine d The forme of which writ is nich tothe effect of the writ! ! before mentioned ia:the title of Earle; whichkind o writ isas welldire&ted tothe Barons by tenure , as Bas rons by creation; Patent, or otherwife. But thofe which ave not Barofis by tenure, nor by Patent, and have onely _fach waits, are therefore called Barons by writ sand upe oh feceiprof fuch' writ, and place taken’ accordingly in Parliament, ought toenjoy the name , dignity , and hoe pour ofa Barons: q - Touching the antiquity of packs by writ onely, and) ebeir: irk initicucion, I finde little or no mention before poe time of FF 3s And, therefore I conceiye that cith #| ie P ng f 5 =< eae Pe fo = id ‘A Treatife of the Nobility, § . 8g the fir of all jor at leaft that the-firft frequent ufeo § fuch Barons was had and devifed 49.H. 3. in cafe of ne- ceflity,and upon a lamentable o¢cafion. For inthedif- cord between the King and his Nobility, in thofe treu- W bicfome warres, {ditions , and rebellions, which they moyed againft the faid King , there were many-cruell } battellsfought,to the great eff.fion of Englith blood: of fy whichrebellions Simon Earl of Leicelter was ring-leader, | B forthe defence of liberties(as they pretended)granted by | Magna Charta,and the Charter of the Forreft, which | areeven to this day the principall grounds of the pofitive | Lawes, and are the moft ancient {tatures in ufe within | | this Realme, and for defence of other conflitutions and = | ordinances then made at Oxford: And after divers fields |) foughe by them at Northampton, Rocheficr, Lewis, and © |) other places ; laft of all was thecataitropheof thatrra- | # gecy finithed at Evefham, where the faid Earle of Lei- | i) cefter was flain, the King had the victory,and therebel- 7 ; | liows Barons had the overthrow ; wheteupon prefeatly |] enfued the Parliament holden at Winchelter,and after 7) p at Weltmintfter, where fuchof the Barons as were flaine | § inche field again{t the King, and fuch othersofthemallfo |) as were taken captive, and were fled, were to be attain- | § ted and difinherited of their livings : wherefore foras |) it much asthenumber of Barons who had continued faith. | I | on whofe tryall then thefe things were tobe accompli. | I thed) it was holden a neceffary policy to fupply the nue - . | ber ofthe diminifhed Barons, and to fill up theirrooms |) 4 in Parliament with other wife and fit men,ofthe beft ac- |) J} count andlivelihood, upon fummons by writ: By reafon | “whereof at thofe Parliaments were called the Abbots |) and |) fall unto the King, was fall, (who were the Peeres up: | - geal cups a a ee I IAMS Wi ieee kia Sint cals ars fh go. a. Treatsfe of the Nobility. and Priors of the Realme,as well thofe that held not by | - Barony,as others :and divers othersofthe moft worthy }(j ofthe Laity not holding by Barony: And thefeby means’ thereof were thenceforth Barons by writ. But certain of the faid Abbots and Priors,swhich beld not by Barony, | and thought ic a burthen totheir houfes , got themfelves upon petition atcerward to be exempt , as by divers re= cords thereof remaining in the Chancery may appeare. This moreover is to be noted concerning the writ of | fummons to the Parliaments, that thefe writs in forme of _ their direction are diverfe, Some dire&ted by Ipeciall _ pame of Barons: as, Rex,0'c.Edmunda Baroni de Staffort; Fohanni Barone de Greystock : Fohanni Baroni Dudley. Some others by the name of the party, with addition of |, the place; as, Johanni § tronning de Knocking Adiliti; Ed-. |: raundo Grey de Ruthin (Militi; Edvardo Grey de Grooby Militis Jobavui le Screopde Malham Mdilii ; willihelmo Louch de Harrington Militi; naming the chiefe Caftle or Mannour of fuch Baron, which alway ftandeth after- ward for the head place of the Barony - wherefore the {aid Baron and his heires fhall be firnamed and called, | and fhall continue that nameof place, although he doe alien away the fame, as beforeis faid. Some others are } named inthis manner, with the titleof Lord; as, foban- _ iBeauchamp Domino Clinton, Henrico Piercy Domino de _ Poynings. Tofome others the faid writ is direGted onely — by their name, without any addition of place or dignity; —as,Willibelmo de Lovell Adiliti, Thade Scales (Militi,Wil~ 4 Lihelwao Deverenx Militi. See Tho. Mills Nobility ) Politicall and Civill. » Butthe nature, quality, and condition of thefe Barons + by writis aptly difcovered bythe debate ofa queftion of- _ ten ST ee a eg ne. << a, r rreatif of ihe itis. 3 en hice among men, and fpoken of concerning the WNefcent and iiitauatice ofx Barony by writ: ehich }jueftion forthe more orderly difpofition thereof, Idoc f livideinto thefe articles of points. i Queftion, | o— ’ Ficft, ehether a Barony by writ may defeend from the Anceftor to the heire,ornot? ie i Secondly , admit fich a Barony may defecnd, then whether itdodefcend tothe heire femaleor not, if there | be heires male, though not foneare as the females. © Thirdly, admit it doe defeend to the heires females, then whether may the husband of fuch heire femaletake upon him the name, ftile, and dignity of fuch Barony éa — ‘| j#re “aor or not! ? As conching the fir queftion, it fhall be requifire for ‘i the more fitieeeion ofall men to alledge fach principall ‘Treafonsas are wontto be produced on baths parts. : Thofecheretore that'maintaine the negative part, de- | nying that fuch Barony fhould defcend , ue ftrengthen | | themielves with thefe or chelike arguments, viz, | Nobility and honour, which are given in refpeet of | wifedome, counfell, and dio sbeing gifts of God to the ; perfon ofa man, cannot extend to any other per{on, or 4 defcend from one manto another: for ir is a rule of the | law of reafon, Quod privilegium perfonale perfonam fequi~ tur, © extingnitur ad perfonam : But {uch is the dignity a ofa Baron by writ: Therefore itis reafon that ic fhould © not defcend from the Anceftor to the heire. ; Againe, if the calling to Parliament by wric bee i he cehciedchiArimencalicauwol fach Nobility to the | bi Fen the not calling of the heire is the lofle of that may 13: p:2 / Sir wp, Nobiliy wil vi AM y | i iiss Rien 96 AT yeatileof the Nobility, = Nobility s for if theheire have defects of naturein him as Idiocy, Frenzy, Leprofie, and fuch like, whereby hx isunfit for counfell and conyerfation , by what reafor i fhould he enjoy that dignity whereof he is either un:|*) worthy,or uncapable : for the effect hath no place wher _ thecaufe doth faile. And hereof they doe conclude thai} _ fuch dignitiesof Baronies by writ fhould notdefcends — ae | Of the contrary part the affirmative part is proved thus, vz, Honour which is given in refpect of the wif. | dome and vertue of him upon whom it was firft beRow- |p! ed, isnotonely a due recompence for himfelfe while he A liveth, but alfoa memorable reward thereof in his Po- ki fterity. The words of (iceroto this effect are moft ex-|f | cellent, Honmints boni fomper Noblitati favemus, & quia\ utile eft reip.effe & homines dignos majoribus [uis, G quia |i valere debet apud nos clatos hujufmodi fenes fuiffe, ne reip. ba moriretur memoria etiam mortuor, henor. Therefore this) kinde of honour is patrimoniall and hereditary\, for |i things which are once granted to a man by the King for - his honour, arenot againeto be returned, either to his fi loffe and difcharg {oi ge, or tohis heires. | Idel Secondly , ifthe infamy of the Anceftor bea blot to iy the Pofterity,as affirmeth the wile man, The children coms |i | plain of an ungodly father, becaufe they arereproved for hes {hi fake: And forthat alfo the Law of the Realme doth cor- /tti ' “rptthe bloud of the Pofterity by and upon the offenie jis -_ of Anceftor, reafon would alfo thatthe honour due to the jit Anceftour fhould be likewife honour tothe polterity : for’ contraries do carry al{o their contrary reafons. | Forthederermination whereof it isto be noted, that {th divesfity of reafon hath bred diverfity of opinion. a i ~ Sometnen there arethat think that the dignity of aBa- ee dOWE ie ron: Ring We Pie: | ¥ % F . 4, a jz ye ee oe. ie ns | hae gue Bets Fe | A Freatife ofthe Nobility, = =§=-- ae jfon by writ is mot defcendable from the Anceftorto the heire,unleffe the heire belikewife fo called by writ to the qParliament, and that then it becemmeth an inheritance, wand not before. : Ae . aS i Butthisobjetion is repugnant to the nature of a def- acent, which (forthe moft part) doth carry the patrimony | jdefcendable by act in law, prefently upon the death of ithe Anceftor untothe heire,or notat all. Whereforethe jcuttome of our countrey , and manifold prefidentsdoe | jprove,that thiskind of Barony doth defcendfromthe —)) hjAnceftors tothe keire, and there needs not any words of pheirsin the writ of fummons. Onely oneprefidentthere is | wi a fpeciall writ, fometimes directed to Sir Henry Brom= jj@ed in 27.7.6.whereinhe was ftiled LordVey/ey; where-* jjin'there are. thefe words inferted, Volumwms tamen vos. & | Deredes veftros wafculos decorpore vefiro legitime procrea= tas exeuntes, Barones de Veyfey exiftere, which isto bee yitead in (0.7. part.33.b. .. : | Whereforeas ir is true , that where the heire of any. (uch Baron by writ is called tothe Parliament,that his defcent of honour is thereby eftablifhed and approved py thegracions judgment of eur facred Soveraigne ; foit yfiS alfo true thar if it fhall Rand with his Highneffe plea~ jure that fuch heire fhall not be fummoned at all, (for jjaene cancometo fo high a Councel unleffe he be called) ‘-henthat Nobilicy is much empaired, and in amanner, . pe xtinguifhed ,inthe cenfuire of all men; for that it had ‘s{20ne otheroriginall but by writ of fummons, fromthe | fi in thejudgment of the fiupreme foveraign he is ¢x- j:luded. ‘} : Astothefecond principal! point, whetherthe Barony yPy writmay defcend te the heires females, it {hall Kn | (eels . i. a Ld Treatife of the Nobility, be amiffe likewife to view the reafons of either part, ant by confli@ of argument the truth may the better be dif cerned)! , as Thofe that maintain the affirmative part do reafon af- ter this manner: In reafon the fexe of the heire female ought no more to bar her of the dignity, than the nonage ofthe heire male ought to bar him , although during his nonage he béunableto do the fervice ; but as the {ervicé of the one is forborne fora time, fothe fexe of the other | ‘mayatallcimies be fupplied by the maturity and fuffici- ~ ency of her husband. it Al Gait ae Offices of honour which do much import the publique : weale, being paffed by inheritance , do deftend to the heire female,if there be no nearer heire male. As the of- fice of the high'Conftablefhip of England, whith dé- fcended to the daughters of Humphrey de Bohun Earle of Hereford and E ffex,a memorial] whereof is in Dyer 38 ¢. but more at large in Keilway 6.H.8¢ | Alfo the office of Lord- Steward defcended to Blanch daughter to H.Earle of Lancafter : the like may be faid of the officeof Earle Marfhall , which defcended by an | heire femaleunto the houfe of Norfolk ; all which offices ‘> — areunfitto beexercifed by a woman,as it is unfic for a | woman to be fummoned tothe Parliament asa Baronefle by writ. And many noblehoufes in England do’ fupport the dignity of Baronageunte them defcended by women.) They which ftand onthe negative part of this contro= verfie,do encounter their adverfaries on this manner,vize The writ of fummons tothe Parliament,whereby the Bae’ ron by writ hath his originall, isto call that honourable | and worthy perfon fo fummoned tobe one of the number | of chat right high and honourable Aflembly, and to be a ; : Judge ie A Treatife of the Nobility. : Sy q of the Realme. But thefe things are convenient for the | untothe heiré male;and not unrothe heire female. | » Secondly, if it fhall be anfwered , that alchough the heire female to whom fuch inheritance is defcended, be unfit in her owne perfon for the accomplifhing of thefe things, yet fhe may marry with one fufficiently able, for her, and in her, behalf, to execute the fame : this anfwer ¢hwill neither fatisfie nor falvethe inconveniences. For ad- mit that fuch, heire female were at full age at the death of her Anceftor; unmarried , it doth lie in her own choice who fhall be her husband; fo fhall the pleafure ofthe So- iveraignein thechoice of his C ouncell,in the great caufes of the Realme, be fubje& to the willof his {ubject in the — choice ofher husband , which were altogether inconye- Inient. fs Ne: % a s gerd a oe. _. Thirdly, if fiich husband fhilf becalled in therighe || of his wife,the writ fhould make fome mention hereof: = | chofen in his own perfon, and in behalfe of himfelfe, and not in regard of his wife, or fuch pretended dignity de- ended unto him : But chere was never fuch writ of fum- Imons feen wherein the wife was mentioned ; and if the ausband of fuch wife have been called to the Parlia- nent, which is alwayes by generall writ, not mentio- jning his wife, heis now made thereby a Baron of himfelf ind in hisown right, by that writ. a & Having Judgeto fit, heare, and determine life and member , plea ~ . 1] and right of land, if there fhall come occafion ; likewife |) }to give counfell and advicein the moft weighty affaires | quality of men, unfitting and altogether unbefeemingthe |} fexe of women : Ergo, having refpeCtunto the finall pur- | | pofe of fuch writs, fuch inheritances {hould only defcend || ror otherwileiemay well betakenthatthe husband was. : 4 By alll atic it SI oe oie ub c Se E Sa as si oN j iytrks Coe CB ane ee oeeoe . a = % We Ce ne ed Pee le Rs, 8 - gh 5 AT reatife of the Nobility, Having thus heard both fides fpeak, place doth now re- quire to interpofe opinion to compound this controverfie. © This queftion or point is fomewhat- perplexed , by means of difficule prefidents: for firft,it is obferved that | beene called to the Parliament, whecher in regard | of themfelves, or in regard of their. wives: it matters not. But fure.it is, chat the marriage of fuch Ladies gave them occafion fo to be fummioned ; and: fuch husbands and their pofterity have and do lawfully beare the fame | name ofdignity,whichthe Anceftors of fuch wife did bes |. forerightfully beare: For bythiscontroverfie there isn@ __-purpofete calithe rightof fuch noble houfes into quefti= ons Howbeit, fecondly, thisis;tobe obferved out of the prefidents, and to be acknowledged of every dutifull fubjeét, that the Kings Majefty is neverthelefie at liberty to-call to the high Councell of Parliament j whom his Highneffe fhall in his Prineely wifdomthink moft meets which his Majelties Progenitors have informer ages ob= ferved. for ify ge gaK aig. Tree | And therefore whereas Radulph' Lord ( romwell being a Baron by writ died without iffue, havingtwo fitters and cobeirs; Ef. the eldeft marriedieo Sir Tho: Nevill Knight,and Joan the younger married Sir Hynt Beurcher, | he whohad married the younger fifter was calledtothe |. Parliamentas L.( romwellyatid not thefaid Sit 7 bo.Wes| | will,who had married théeelder filter. 3. Iristo beobfers ved, thacifa Baron by 'writ'die withoutheire male, has) ving his daughter, fifter, or other ‘collateral heire male, thacdoth or can challenge the lands of the faid Baron deceafed, by any ancient entaile or ether wife; the an | uch ih: heite female hath bin heretofore allowed 26 Vy.the honourable opinions and relations of the right. onourable the late, Commiffioners in the office of . latle Marfhall,fignified unto the late Queene,upon jhe Petition of the fifter and heite of Gregory, laté Gord Dacresdeceafed,may appeate.;° : 2, , W Motcover, inthe fame Pedegree of thefaidLord) Pacres, had iffue Thoms his eldeft fon, Ralph hig #reond fonne, and Humphrey histhird{onné, Thea pas, the cldeft, dyed in the life time of his Father} ne aving Iflue Toashis daughter and héire; who was dharryed unto Sir Richard Fines Knight.And after — i) homds Lord Dacres het Grandfathér, and Father’. Mato the faid Sir Ralpoand Humphrey dyed. Aftet shofe death, Henry 6, by bis Letters Patents, bearing / ate at Weftminfter, 7 Novem.. Anno a regus,re=,. wting the {aid Pedegree , and Marriage , doth by Wis Letters Pattents,accept,.declate, and repute the did Richard Fines to be Lord Dacres, and one of. 1¢ Barons of his Realme. But aftetward in thetimé’ \f£dw: 4. the faid Humphrey Dacres aftet the at= s@uindor of the faid Ralph, and himfelfe by an Actof darliament, which was int. Ed. 4. and after the each of the {aid Ra/ph,and after the reverf{all of thé: Ave AG,by another Adt,12,Edw, 4, the faid Hains hrey made challenge unto the faid Barony, and to waivers Lands of thefaid Doms his Father ;where= Jpon both parties after theirtitle:had been confidered Jt Parliament,{ubmitted themfelvestnto the Arbix, jjrement of King Edw. 4.and entted into. Bond each, of? Other For she ee. thereof, Wherapoa pee : lied ie ft | {aid King in his award under hisPrivie feale;beating dateat Wefminfter,8; April. Anno regni 1 3~-did award, that thefaid Rich: Fsnesinthe right of Joan’ his wife,and the Heires of his body lawfully begot= ten, fhould be reputed; had, named and called; Lord Dacres, and that. the faid Richard Fines, and the _ Heires of his body’by the faid Joawe begotten; fhould keepe, have,andufe the fame ftate and place ineves ry Parliament, as the {aid Thomas Dacres Knight, late Lord Dacres had ufed, & kept, &c.that the heires _ of the body of the faid Thomas Dacres Knight, late Lord Dacves, lawfully begotten, fhould have and — holdtothem & their Heires,the Mannor of Holbech; And furthermore the faid King did award on the'e- ther part, thar the faid Humphrey Dacrés Knight,and the Heires males of the faid Thomas late Lord Dacres, fhould be reputed, had,named,andsealled the. L.Diz cres of Gillefland: And that he and the heires males of the faid Thomas thenlateL ord Dacres,fhould have ufe,and keepe the placeinParliamentnextadioyning beneath the faid place, which: the faid Robs Ping Knight; Lord Daeres then had and occupied,and that the heires of the body ofthe faidJoax his wifefhould have and: occupie. .4nd’ that che Heires males of the {aid Thomas Dacresslate Ls Dacres fhould have tothem.& to the heires males of their bodies begor= ten,the Mannot of Porhington,8ec. And fonotethat - thename of the ancient Baronysnamely Gilefland,res Mained unto the: Heire male, untowhom the land Was entailed. Moreover, this is {pecially obfervéd, ‘ ifany Baron by writ doe dy;havingnone other iffue then Fespale,and-that by fome fpéciall entail ot other hs : ak aflraneg . eTreaife o iurance therebé anheire male which doth enioy if ceegte eet: Ute te OE ee DS pi) er AS Leas ee. : 5 Lhe heritances of {uch Barons deceafed, the Kings of writ as Baron fuch heire male, omitting the Huf. tband or iffe male of {uch heire female,and this al-- ifoappeateth by anotable controverfie in the time, | Brookesand Richard Lord Latimer, for the Barony: fof. Latimer'which in effe& was : The {aid Lord: Brooke did challenge the Barony of Latimer, as éd=_ Ienand Heireto Elzaberh bis great grandmother ' iexhibited a Petition to. Henry 7. in Parliament , Iwhercro Richard thenLord Latimer was called and dignity ;The laid Richard Lord Latimer, by ddeath ‘ofthe faid John Nevill, Lord Latimer dy~ ding without ‘dffixe, the faid €/izaberh was the fifter §dead- without iffue, and that the next heire was fe=. Nevill Knight fcond fon of Ralph Earle of eft Awér land to which George was grandfather of the faid Richard Atimer,Fathet of the {aid Richard, In debate of ot Sie ; which who was filter and heire to John Nevill, Lota Latimer , who died without iffue and héereupon” stoanfwer } becaufe he then enioyed the ‘faid title | male, did therefore call to thé Parliament , George ALord Latimer, namely Father of Henry Lord Lae : the Barons, op ie all, or agreat patt of thelands, pofleffions, andin-» this’ Realmethave ufed to call ro the Parliamenrby fof Henry 7.betweene Sit Robert Willoughby Lotd ghis‘anfwer did fhew thatit wastrue that after the and next heiré, and married untoSir Thomas Wille foughby Kuight.fecond fon of ‘the Lord V¥illougha iy but Henry 6. for thatthe {aid Lohz Nevill was’ y ne e Lord Latimer , as Cozen and’ next’ © (heire male‘of the faid Iohn Nevsl Lord Z atieer i &, Oi AT resifeoftheBarims “which caufe, the queftion now in hand whether 2. ‘Barony by writ may difcend unto. the heires.{c- males, was advifedly confidered of by the faid King. and his Nobility in Parliament, and inthe end ad-, judged withthe {aid Rschard Lord Latimer: which Prefident doth afford us two Indgements in this point; one in thetime of Hex.6. when the writ was directed tothe {aid Sir George Nevs/l,whereby he. was fummonedas Lord Latsmer tothe Parliament,. and as heite Male; and notthe faid Sir Thomas #711. loughby Knight, husband of the faid £4za, heire. ~~ gnale: And the fecond judge ment was givenin the time of Hexry 7.whereby theBarony wasadiudged vnto the faid Richard Lord Latimer comming of the fpeciall heire male, againft the faid Lord Brooke defcended ofthe generalt heire male. But here the Prefident before remembred of the. Barony of Dacres may be objected to incounter - this confufion +: For there was an heite female martied unto Sir Richard Fines who by the decla= fation.of Hen.6. was Batowof Dacres in the righ. of his wifé,and there wasalfo Ralph and Hamfrey _ the heires males, before whom the heite female Was prefetred by thecenfureof Hexr76, and Eda. ward Ay soiat igre talon: ‘baat _ This obje@ion ® eafily anfwered. For although Flen.6hrough the Princely favour whichhee bare - < @anro Sir Richard Fines had declared himto bee. Lord: Dares inthe right of his wifesyet notwith-. ftanding did Xa/phD acres béing heire male untothé ‘ then. Lord Dacres deceated;bearealfo the. nameof. &..Dracres,and by that name yeas attainted.in Parlis. : Sea eee eee hone? ~~ rt “ATreaifeef the Barns, iggy ament, . Wherefore the reafon why the heine Re icould not bee regarded was the {aid attainder of ithe {aid Ra/phand Hum{rey his brother,andthere- Ifore when Humpbrey 13. Edw, 4,laboured to have ithe {aid attainder reverfed, he {ubmitted himfelfe Ivntothe Arbitrament of the King, who to fatisfie }both Competitors, becanfe both had well deferved - jof him, after he had admitted. them to his favour he Jallowed the onetobe Lord Dacres, che other tobe \Lord Dacres of Grtlefland;8¢ thus much concerning | ithe fecond eres hestices Barony by writ may di- \{cendunto the heire female or not. | _ As concerning the third point, admitting fuch Idifcent to bee to the heire female, when there jis no heige maleat all that may claime the fame, jforthen doth this queftion take place, whether the husband offuch heire female fhall enioy. the digs Nnitie in the right of hjs- wife or no; wherein wee are toreft upona refolution had and given in this {peciall queftion which was in chis manner, In thetime of Hen, 8. when Mr. Wiubse tooke upon himtheftile of Lord Ta/boys inthe right of his wife, having none iflue by her, the faid King af- (ited both by Civilland Temporall Lawyers gave fentence, thatno husband of Baroneffe in her tighe fhould ufe the ftile and dignitie untill he had by her aChild,whereby he fhould become Tenant by the ° 3 : gourtefic: unto het inheritance, | "The {peciall reafons that o¢cafioned this fentence Were two: Firlt it fhould be inconvenient for hey: husband this day to bee a Baronand Peere of the Reajme,andte iat iby the death of his’ wife : Lg ts , | 54 ATreati(e of the Barons; ro beco == eT eee ee : fhe none, and that without the deathofthe "” Secondly, if he had iffue by his wife and were in- 7° cituled to be Tenant,by the curtefie of Exgland of f the wivesland, if he thall not al{o beare the ftile anid dignity ofher Barony, then fhould his fonne 7 after the death of his mother dying inthelife time ‘of his father be Baron and Lord without land, for fo the Father fhould have the land as Tenant by F the curtefie, arid the fonne the Lordfhip without | ‘Land. And thus much faid concerning the nature; | quality, and eftate of a Baron by writ,and for refoe | ution ofthe feverall points and Articles of the | gueftion propofed may fuftice, al Barons by Batest, which is the third kind | | of Barons, mentioned in the former ‘| divifion of Barons, . amie a{fo a fourth meanesof creation by ack |; ' B of Parliament,but the firft 2.mentiond,and this by Patent are moft for the honour of the King, for } thereby the donation doth proceed from his. high- | nes onely,as ftom the fountaine of all honour and dignity ,but when the creation is by Parliament, } ey one maybee {aid donator, (cokes 8, part. "+4 Baron by creation, by reafon of Letters Pas | . “ATvenif ofthe Bi Barn; aR ‘ive"'cteated Barons by fach their ‘Letters Patehts; ; ‘)Bar“this manner ‘of creating Barons by Patent , ‘began ) Pe Raign (of R. 2.who created frit Iohn Beauchamp (1 Hole, Baron of K “idderminfler by his Letters Pa- j,yrents; 8. Olober,anno ry? ‘But ba faith in 30, H. 6. : this was brought in, c| This kind of dignity of Baton, thall bee of fach yisountenance in difcent, or otherwife as {hall bee limie ed in the Habendi in {uch Letters Patents contained , fOr it may bebut for the life of him, to whom itis gis.’ jven, or for tettmie' de anter vie, of fome other mans fife, as fome hold opinion, in 9H. 6, 29. for (mins \fidare, cus eff difponere, it may be in{peciall agencs rall taile, and this ‘kind of 'eftate tayle; was ufuall bes Vorethe Statute made 13. £. ¥. by which eftate taile in Lands.and Tenements was created ; as appearethy ithe Parent, : whereby ‘Hubert de Burgo wasmade Eatle of Kent, inthe time of Hy 3. by thefé words, — |Habend fibi & hered’ fais decor pore Margareta UKO ris fue fororis Alexandri Regis Scotia procrearis G brodefetin talis exitus, remanererectis heredibus aittt Huberti,andthat eftates in taile are at this day titles of honour bythe Statute of We/fm,2. vide Nevils tale Cooks 7. part. 33. Forthe better explanation of his, kind ‘of dignity; the réfolution alfo of corcline See ste edo requiftt tee : Due fiom O29! fi a Noblesian; orf bis Progenitors have for a long : ime been called: tothe Parliament, and be a Barony. }pither by tenure: or writ, & have had in regard thereof i ee certaine in Parliament, ifafterwards the fame H4 Noble me AT eeatifeof shenarons, | Aobleman (hould be created a Baron of chat Barony} and by thefame name. by Letrers. Patents, whether iv : . te et Se aT e TI ee Og 6 fh ae is fhall “hee and his heircs retaine his old plac in Parliament , which hee had according to the for} gerdignity, or whether {hall he lofe his old place, anen take a new place, according to the time of his teation) onelye: EE pi So rte eee | hy a : ‘ RRS EY e4nfwer,. fos Whack blico abe vessel ook 11, Thecafe ofthe Lord De/aware received a refolution z the fomewhat anfwerable to this queftion. ‘To,. Lora vord de Delaware 3.€.6. being in fome difpleafire with HL wares Ji 4m Weft his Nepti¢w, and heire, who was Father te! * ¢he now LordDe /aware, procured an Ac of Patliaih ‘ment, bythe which the faid Wi/: Weft was during hi\ naturall life only clearly difabled to claymic, demand||i or have any manner’ of right, title 5 or intereft by diff cent, tevenue or othetwife,in,ortothe mannor, lands tenements, or hereditaments, ‘title and dignity 4) Thomas Lord De /a ware, his Vnklés ‘After the {aic\y Thomas De la ware dyédy and the {aid VVillsam Wef\ Was inthe time of the late Queene Elizabeth reftored { and.aftcrwards in the 8. yeare of her Raigne, wa) created’ Lord De /a ware by’ Patent, and had place it! Parliament , according tohis creation by Patent , ‘aah _ that by the faid A& of Parliameént, in thetime of £.6)) hee was excluded to challenge the former ancient Ba:| rony, and after hee dyed, whether thenew Lord Dex| ta ware fould take his place td the ancient Barony by /writ, or according to his Fathets ‘creation by Daten was the queftion , the opinion of the late Queene Pountell, being scr Majeltics Arumey a x pectabesele a ‘ e Zoe — ee Sars te 4 2 43 * ies . x bf ed hah SN +} WN Sas ; AA AT reatifeofthe Barons. inc Sollicitor, were that the acceptance of the ‘new. ireation by thefaid 17iliam reff ,couldnotdéltinguith Oo | ie ancient dignity in him atthe time of his creation, q ut ahé dignity was at that time by the Ac of Parlia. nent, 3-£4,6. in obey fance, fufpence, or confideration id Law and hetheseby utterly difabled to have the ‘Yame during his life onely : fo as other acceptance Jould not extinguifh that dignity, which he then had. hot, nor could not conclude his heire , who was not isdafabled by the faid att of 3.4, 6.to claime the anei- sient Barony: which opinion of theirs was feene and inllowed by the refolution , of the chiefe Iuftice of 1(Exglazd,and Lord chiefe Baron, and fo fignified unto lijche Lord Keeper + but this is to be noted by the reae iifonsmade for the faid refolution, that if the faid wil- Miam VVcft had becne Baron, and intituled, or in pof- lilfeffion of the ancient dignity, when hee accepted © pte faid creation,the Law perchance might haye been — Pothérwife, but that remainethas yet unrefolved ; ne- iverch cleffe the rule eodem modo quo quid canftuitmr jhdiffolortmr, but by grant which ismade a matter in «efact,a man cannot tranfferre his title of honour, Cooke ‘i And thus muchconcerning the three degrees of Bae {divons within this Reale, miay fuffice tobe faid in ge- jf vierall upon this occalion, for the better underlianding Wh and dire€tion of that which followethto be handled | p) © Andinehisplace I thinkeitnorimpertinenttomens = iif tion one cafe,which } readin the bookes of the come mon Law, concetning the difcent of a title of honour, if Whereof the Anceftor had eftate in fee fimple. if There igg maximp inchs law, Pofefie frauris ae ik Sacer a SR ep a te) ee Gta ae ¥ é @ f SS ed eT Te Pe ee ee Oe _ of the brother in fee fimple doth make his filter tobe} _ fore mentioned be created into a title of dignity to hin}, " and tohis heires. for ever, and he hath iffue a fonne jy ‘GE = AT Heatife ofthe bams = — | hodo fowsplice faci’ fororem effe heredem,che poflefior hy his heire. Butif aman by any of thethree names be: i) and a daughtet byone Venter,and hathalfo afonne byt), a fecond wife, afterwards the Father dyeth, and: his eldeft fonne entreth into all hisFathers inheritance,and}y _alfo enioyeth the title and nameof dignity, which. his|} Father had,but dycth withourifue. = _ Inchis cafe the dignity thal got and defcend unto. the}, younger fonne, though he be bur of the halfe blood}. unto him, that laft enioyed that name and title by dif=}), cent, and fhall not defcend unto his fifter of the whole}; blood ; andyct in this’cafe thee fhould only bee hee |, brothers heire of all his fee fimple Lands, and the reas }., fon and caufé hereof, is becaufe Poffeffio’ fratris, bee jy caufe the poffeffion of the brother is the maine ‘and },, ‘fole caufe, which may givetitle to her, his filter, which | - faileth in this ‘caufe of dignity : For it cannot be faidy that her eldeft brother was in pofleffion of his title of };) honour no more then of his blood : For the dignity jy, was inberentto his blood, fo that neither by hisowne | A& neither by any act to be done: by another, did*hee },, gaine any moreactuall poffeflion ( iffo it maybe ter jp med )then by the law diddefcenduntohim,and there | fore the younger brother may well by the Law make |f, himfelfe heire unto his Father of the “honour , j though he cannot bee ‘heire anta his brother,fo that}, this word ( Poffeffo ) whichis none: ether then pedss |) pofitto, a fixing. of the foot, extendeth only unto fuch |, things, of which aman may (by.his entry or ma) | Mart Basa pA silty Pi A Freatifeof the Barons. | | #)anddoth require actual pofieffion, Csohs 3.parry Vs , Rarcliffs Cafe >t eee ee : aes dnd having thus much dilated concerning the creas ns,and other things incident tothe degrees of No- iifity +I cannot with filence pretermit fomething to. ‘elare concerning that fufficiency and ability of ‘eftare nich the Law doth require to be in'every of them, ' fording totheirfeveraildignities. © © fhe Common Law thatalwayes will, that decorum ‘Id convenicncy be obferved, confidering the charges lid expences appertaining tothefe degrees and dig ities, being officesof principall {ervice to the Kihg il¥d the Realme, both in time of warre and peace (a8 lf th beene faid )hath ordered that each of them have — iff cohvenient portion, and value of lands of inheri- a4nee for the fupport.of their honours; which ={up- | yeSare as finewes-conjoyned unto the fame: For in iljsrtue and in riches ( as Ariffotle counfellech ) all the ctl. d Nobility confifted, and whichtwo*as Eccle(iaftes iiacheth:) maketh a good accomplement : for faith he, M’célior eft fapientia cum divitiis comuntha, Lamberts ifferambulation of Keur, 368, eM Se | Thereforea Knight ought to have 20,1. lard by the (eare, a Baton 13. Knights fees anda quarter , an Earle 1] © knights fees : and this doth appeareby the Statute tf Adagna Charta,cap.2, For alwaiesthe fourth pare — “apf fach Revenues; which is by the Law requifite to jhe dignity,. fhall be paid tothe King’ for reliefe.: as tor example ; The»reliefe ofa Knight is five pound 5. ‘#iwhich is the fourth partiof 20.1, which is the revenue hjoFa Knight: fee the Statute hereof, 1-£. 3, andthe ishefs of a Baron is a 109.markes,whichis the fourth Mit fie Aaa "part aot vf y ATreatife of the Baranse 7" part of his revenues ; that is to fay 400. marke} yeare, which doth include 13. Knights fees, anc? quarter; and the relicfe of an Earleis a 100.) whi} is the fourth part of 400.1. which isthe revenue of }!! Earlesand itappeares by the Recordsof the Exchequ fi! that the relicte of a Duke amounteth unto 200.].a$! by confequence his revennue oughttobe 800.1. pera} 2m, and this is the reafon in every of our bookes, th] every of the Nobility is prefumed in our law, |) have fufficient free-hold, 44 /aftinendum xomen | onus, and co what value thefeancient Rents in tin} Of H.3. & Edw.i.at this day doe amount unto,eve p man knoweth not Cooke, 7, part.33. \ Andin cafes of decay of Nobility, and meanes, }, SenatoresR omant reve amotifenara,as {enators of Ron) Were removed from the Senate: fo fometimes thi arcnot admitted to the upper houfe in the Parliamen}, though they keepethename and title of dignity {ti Sir Thomas Smith de reipub, Angl.22 1, And by a St tute made 31. H.8 ca,19. The Lords have their pl}, ces prefcribed after this manner following : viz. the |r foure,che Lord Chanceliour, the Lord Treafurer, tl} Lord Prefidentofthe Councell, and the Lord. Priv | Seale, being perfons ofthe degree of a Baron, ori} bove, and in th: fame ac& appointed to fit in the Pail, liaments : andall affemblies or Councell above all dug ‘ties, not being of the blood sa ys aa bre} ther, Vnkle, Nephew : and thefe fixe the Lord Hig} Chamberlaine of Exg/qand,the Lord Marthall, and th}; ~ Lord Admirall of Exg/and, the Lord Steward of th Kings Honfe, and the Lord Chimberlaine of thf Honthold by thatatt cobes placed in all soe : | ha i «mak Oa tt AD Le tee tet tse ( quince} ineeli after the Lord Privy Scale according "té jat degrees and eftates, fothatifhee bee a Baron, gt he is to fir above all Barons, or an Earle aboue : Lok: tles ; and fo likewife,the Kings Secretary bew ja Baron of the Parliament, hath a place aboveall: - qjons,and ifhee bee aman of higher degree, hee’ i A fit atid be placed according thereunto, 13 ‘a i Gg IP riviledg es intident to the N obility according “tothe Lawes of England. Oe IX 7 Hen a Peere of the Realme,and Lord of the « W. Parliament is to.be arraigned uponany trex Nor fellony,whereof he is indiGed, and whereuport M hath pleaded not guilty ; the King by his Letters Htents, fhallaffigne fome great and fage Lord of t Parliament to bee High Steward of Exg/and;for |: day of his arraignment, who before the fame day fill make precept to his Sergeant at armes, that. is Hointed to ferve him during the time ofhis Com= jfion to warneto appeare before him 18, or 20, rds of the Parliament, or 12. at the lcaft upon the” ne day; and then atthe day appointed , when the’ gh. Steward fhall bee fet under the Clothe of State. onthe arraignement of the Prifoner, and hath cae, | the Commiffion tobee read: the fame Sergeant: all_refurne his Precepts, and thereupon, the Lords’ alk bee called, and when they haveappcared and fet their places, the Conftable of the Tower fhall bec” d fo bring his’ Prifoner into the Court, who et" pete Waals aed I imitate 5 | pia hs a, oA Treatife of the Barons) a" : * thal bring his Prifoner co the Barre, andthe A} Steward {hall declare unto the people, the caufe, wit the King hath aflembled thither shofe Lords and. hija and perfwade himto anfwere-withont feare;.. aba then hee thal caufe, the Clarke of the Crowneto rebk his endictment-untobim, and, aske. him, if-hee. ffs; guilty or not; whereunto when hee hath anfweripe: not guilty, the Clarke of the Crowne, fhall aske hiw how he willbe tryed, and thenhee will fay by Gir and his'Peeres,sand then the Kings Sergeants.@ Atturney , will give evidence again{t him, whe: - wnto when the Priforer hath made anfwere, tty: ie amongft themfelves, and what they affirme, fhall b 4s teft part of them_bée agreed,, they’ hall returne’ their places and fic downe, and then’the High’ St ward fhall aske of the youngeft'Lord by bimfelfe:if}h that is arraigned bee guilty or not of the offeficts; - whereofheeis arraigned, and* then ‘of the younge|l next him, and {9 of the refidue one by, onfe,untill hil? have asked chemall, and every “Lord thall an{wer ‘tix dhimfelfe, andthen the High Steward ‘fhail fend fit the Prifoner. againe, who fhall bee led’to the Barrk to. whomthe High Steward fhall reherfe the verdiiin of the Peeres, and give indgement accordingly | Smee Pleas.del Corana, sb. 3. cap. % Poulton 198. puSU. as! Sts Ret gered Ot ba AT vtanifeof thé Barons, gy Ache Ja(t recited Authonts is grounded ftom the Bate of Adagua charta:.{o, called, not in regard of quantity , but in regard of the weight thereof ;. ake Epittle tothe 8; part, fol. 2.¢, 29, beginning | 9% ‘Nallas liber homo c&c.uec fuper eum ibimus,nes Iher! etm mixtimans, nifi per legale judicinm paroun? ttm,’ But I takeit to be’ more ancient’, then the’ dhe of Hex. 3 as brought intothe Realme with the snquerour; being an{werable to the! Norman and dexch: Lawes, and agrceable with the: Cufiomes' hwdall, where almott all the: controverfies arifing isweene’ the Soveraigne ;attd his vaffall are tried ngmdicinms: Paren™ frorum, 98) And if'a Peeresof the Realtie upon his attaigne-' iijent oftreafon; doe ftarid mute, or will. noe anfwer' rectly siudgement fhall bee given'apainft him as a‘ jpaytour conviéted, and he fhall not bee preffed to’ st ae ign Beh the forfcittire of his lands; for upafor is:ont ofi:che Statute of #¢/tinfter ;the firkk aes 85°E. 4, 338 Dyer 205 and’ 300.Butif bee eartaigned upon an indicteaient of fellony;he may’ Estimimges ek OF SIM FI ORT gna St sies Tt-appeareth by this’ Statute of! AZagea charta, that” (MPcereof the Realme ‘thall be'tried' by his Peeres, «hely in cafe where heis indifted'at the Kings’ fuite {fetreafon or: fellony 5 for the words’ of the Statute © aes We will not paffe or fit’ in‘ judgement upon jjm burby his Peeres :) Butifan appeale of murder, ate ‘other ‘fellony be fued ‘by any Common. perfon paint a Peere ofthe Realme, hee fhall: bee tried’ by jomiion perfons. and not by his Peeres +) Stam, ct. i CR high oa she CORE soya Whe antiquity of this kind.of-triallby the opinion” == - 7 A Treatife of the. Bs YON, ‘| Pleas del Coron. lib. 3, cap, 1. Brooke triall 14 Wy Poulton 188.6, This priviledge hath foine re{train \ as Wellin tegard of the perfon, as in the manner o} proceedings: imo bag nh md el _ As touching theperfon; Firlt,the Archbifhops an ler Bithops of this Realme, though they beé Lords. ¢)th offence , they thallnotbe tryed by the Peefes of thits Realme.but by a fary of Knights and other fabMantial| 7 perfons upon their oaths, the reafonsthiereof alleadge lu is, for.as much, as Archbifhops and Bifhops cannoi. pafle in like cafes, upon'the triall of any other OF thf Peetes, fot that they are prohibited. by the Commo wc and Ecclefiafticall Lawes:to bee Indges of life:anii death, and reafon.would that the other: Peeres fhouilcal: not ttie them, for thistriall {hould be¢ mutual, fora su mutch, as is petformed upon cheit Hononrs withouly any oathtakens 9. 1). pos ,boBivics oly And foby thé way, youmay {ee.the: gréat:regariap the Law hath to the word.of'a Pecreof theRealmein when he {peaketh, upon: his. Honotr ,: even im a caf concerning the lifeofa man, and that 6f a Peere ; atic thereforé ovght they much mofé to keepe: theil ti words and promifzs_in {mallet matters 5. when -theyth engage theit Honours for any falt caufe or confidera iy tion, Crompton Courts. 03. oo io oe loge , Secondly, as. touching the Perfons no temporal irc ‘Lords, but they that are Lordsof the Parliament, thal have this kindof triall,and therefore; héteout are exe). cluded. , the eldeft, Sonne and: Heire apparant of ahi A, Treatife of the Barons: \— ss Surrey Sonneand Heir apparantiof Thomas Duke of - Saffolkes in 38:H.8., whichis in Brooks abridgement, treafon;likewife the Son and Heir apparantof an Earl, though he be.called Lord. or Baron: And all the youn- ger Sonnes ofthe Kings are Barles by birth, though ofthis, or other priviledges incident to the Lords of she Parliament... LN TMA NTS | Thirdly,thofe that are Barons of the Nobility of Zre- land,ox of Scotland;ifuponthe like offence committed in, Bagland, they be apprehended in Exgland, they hall. not have: theirtriall by Peeres, no thoughthey were borne within Exg/and, for they received their lignity froma King oftheir Nations; But ifthe King f England. at this day do create onc of his fubjects of Scotland to beVifcount Rochefter within England, ot - oy. ordinary fummions under his great Seale, doe call iim,tohis upper Honfe of Parliament, & do affign him: #place,and to havea voicethere in his great Councell,” monet the Lordsand Peeres of the Realme, he fhall” hereby alfo bea Peere of the Realme, and be partaker @nith them in all, priviledges; and thus much concer- wing the. reftraint of the faid priviledges in -refpec of ihe perfon; as. touching the manner of proceeding, it ia ppeareth,by.the faid ftatute of AZagna charta c.2.9.that “Pere ofthe Realme thall'be tried by his Peeres, only cafe wherche ts indicted. at the:Kings fuite of trea- jon or fellony):,for the words of the (tatute be; Nec fis- tllony-bs..fued by any,Common perfon bya Pere of ae Realme he fhall be tried by Common perfons and sot by his Peeres, JS. tain. Plead, del Covone lib;'3, Cap.t. na ppsale of murders 33...4.:8, Broo’e Abridgement ey have no. othenereation, but fhall not be partakers er comsibimus, But if an appealeof murder, or'other: >gulton 418, and fo was Fines Lord Dacres tried in’ blalsy 34260 ciel b 2 THe sonfueverampset ditunt sift eornm facramentumadeo fit Earle of Herzfor4, and Effex; and his Tennane ia ‘A Tretife ofthe Barons) ¢ Nobility of this Realme enjoy that priviledgé; that they are notto be impanelled in ‘any Iury or Ine guefts,to m:ke tryall , or Enquiry ‘upon their corporall cathes betweeneparty and party ; for they may have their writ for thie difcharge to the Sheriffe: "ag Rex & Use’ Com Ge. quia barones regni: uoftrs ta} 'Affizis Inratis fenrecognstionibus aliguibus poni non| <= necefarium quod fine ills veritas inquire non potelt ; Tibi. precipimus quod dieum & fidelem noftram} A.B. snadffizis luratis [eu recogustignibus alsquibus) 707 ponds fet poni faciatis contra voluntatem (nan fine! mandato noftra [peciali,nifi {nan prefentia ob aliquam catfans [pecsalicer exigaturtefie, Gc. °K Bur itusarole in Law, vigilantibas non dopmientibus fubvenians Inra: For if the Sheriffe have not receis| ved any fuch writ, and the Sheriffe have returned any’ Lords in Turies, or in Affizes, &c.and: they thereupor doe appeare, they fhall be fworne,and if they doe not; app-are, they thallloofc their iflues, 35. H.6.46.and in fuch cafe they muft purchafe a writ outof the Chan-| cery , reciting their priviledge directed to the Iuftices| before whom fuch noble: pertons are fo impannelled,}: commanding them to difmiffe him orthem , that were; fo impannelled out of the faid pannel], Fitz.wa.br, 165.4) This priviledge bath teltraint in two cafes 3 firft if, he Enquiry concerne the King , and Common-wealth, in any neceflary or important degree; orbufines of the’ Realme, then this priviledge is not allowed, nor taketh place; and cherctore-divers Barons of the marches of}, Wales were impannelled before the Bifhop of E4y and after Commiffioners of Oyer and Terminer to enquite) of a notable out-rage;committed by Gslbers-de Clare; Earle of .Glouceffer, apaink Hampbery de Bobwn, — Wales Treat: ife of the the Nok ihtie, ds thei sal yeare of Ed. pti John de Haft or inond de Mortimer, Theoxald de Bordmor,and others rons of the Marches, challenged cheix Priviledges a= eftid:and much infilted upon the fame,bur it was af- wards anfwered by theCourts,as by che words in the cordsappeareth; ; Domino quod res iftaDom.Regers oC - ronan CP dicuitatem [an tangit. diituma fis Dominuns ss Foban.detaftings S omnibus aliis magnatibus [we “wominatis quod per fiatu & Lure R cont per confer= ione dignitatis Corone @ pacts fitz apponunt. manum.ad rtm adfuciendumdawed. cis ex perteDom, Regis te jun~ etur, Yhe Barons atorefaid did neverthelefle perfil ik the Challenge, and jn the end both the {aid Earles sween whom the {aid ourrage had been perpetrate mmntred themfelves to ‘the Kings grace, an ; apes sir Pines, secondly, cliis Priviledge hath no place i in cafe of hes fity, where the ‘truth of ché cafe cannot otherwife me to light; for the words of the writ in ithe Regifter fore mentioned afte Nifi (ua prefentra ob Aliquans “fan fpecialiter exigatur (rc, Re fe er, 379. Ifa sblemad doe bringan AGion of debr uponan Ac-, mpt in cafe where rhe Party is to be examined, whtich alwayes incended co be u upon Oath, vpon the ceuth of s caule by vettue of che Statute of 2..H. go cap..8..JS all faffice to examine his Anomey and not. himfelfe son Oath, 3. 1. 6! 48. Cooke 6. part, be. And this Priviledge the Law doshgive, ive) che Nobi i ) that'they ate nor ttobe arrefted - bY any “Warrant of iy Jultice of che Peace for the ‘peace, or. for the goed : Wviour, not by a fipr icavit ont “oF dacileris ii: ual Tac Be od g A Treatsfeof the Nobsiztee, = MlCd, becaule it iffueth out atthe fupplication of the}: jartie, or from the Kings Bench, fer fuch an opiniot| i nath the Law conceived ofthe peaceable difpofition)y: of Neblemen, . that ic hath beene shoughe enough te} cake their promife uponHonour tn that behalfe, amb 4 ~~ Iuftice of Peace, lib.2.cap.r. Fol. 17:E. 44.24. E.3 | 35. fabpena, Fitz, 20. od’ | "¢ 491 | ‘ ae hare And as 1n civill caufes,thelike rule doth the Saal Equity obferve im caufes ofcen{cience; forif the deg fendant bea Peere of the Realm in the Srar-Chambei er Court of Chancery, a Subpena fhall not beawar 1 ded, buc_aLetrer from the Lord Chancellor, or Loni, Keeper, in liew thereof, and if he doe not appeare, ni, 4grachment fhall go forch again& him. For in the 14), éare of the lare Queene Fiz, the Order and rulj, was declared in the Parliament Chamber, and fo to b} inrolled in the Parliament, that attachment is nott be awarded by Common Law, cultome or prefiden |, againft any Lordof the Parliament, Dyer, 315. 4. an) ifhe doe appeare,he may make his Anfwer to the Bi, of complaint, upen his Honour.onely, and isnot cont pelable co be fworne.. Yantai S00 | ; a a By che Statute s-, Eliz, chap, Te Jt is. enacted, thy” all Knights, and Burgefies, of the Parliament, fhall tal) their Oach fer. the Supremacy, and fo fhall cai hers = ss and Barons of the Cinque ;ports, being recurnediof Parliament, before they.encerinte the. Parliamel' Hout, which Oath fhall be ,.according,to the renew | effedt, and forme ofchefame Oath verbatim, whicht) ee . { an ~~ ae 6 We Rd at p a , ae — ATreatife of the Nobilitic, —_a@pht Nid asic is already fet forth to be caken in the Scacute; ~ ae, ae 7 Coa a ey "Gs al = 23 oe fg) ” oe ps se e 2 La 9 o 2 a) “a Z . ovelaid, nor co incurré any Penalcy limited by this &, for not taking or refufing che fame. Sp LHS bh 4 z a 4 Iany Peere of the Realme be fuedin the Common. | Vleas,in an Action of debr,. or trefpafle,and Procefle. _ | re awarded againift him by Capias.or by €xigenr, then: We may {uea Certiorare intheChancery,, direed to" Nae Juflices of the Common Pleas,,, rettifying that he’ 3aPeere of the Realmejand. the Wric is thus: ; |, 3 Rex. Oe. lafticiaris fuisdé banco falutens, wmandamis obis quale GF. miles corummnobis dd {etiam alicujus per ‘Mitionem perfonalem in placitatus extfeat: talem procef= . a now alinm ver fis ipfirain: attionen preditta fcire chat qualem verfus Dominoi, magnates; Comites, fou Atrones, Reguinoftri Anghumaqui ad Parl. softra de |winicionem noftra venire debent aut corum aligqnem (e- ! nednus legem & confuctudinem regniumnofihi' Axgl. fri faciendum. quia preds GT. vnins Baronuns “gnu in. pred ad, Parliamentum, uoftri de [uminix "Dacm regia venient, record. @ het vobis manda~' Wes, O alas quorum intereft inwatefcitens teffe ef | fz, A, } Be 1.4.2 70 ; : x f i Ia : Fge ‘FOr tinleffe he Court be judicially certified by the Kings Writ out of theChancery that che defendant isa _ Eord of che’Parliament,. ]f'a Capias Sesame | forth again® him no etrour, neither is 7 punifhable, in _ ghe Sheriffes his Bayliffes, or Officers, if rhcy evecute the faid procefle, and Arreft the body of the faid No= Gle perfon, for ic appercainech not ta Ahk TO argue oF difpurcethe Auchority of the Court, bar ifthe Court ibe thereof céttified in forme aforefaid, they will award |e a Superfedeas which isin che Booke of Entertes in the ‘th Tide-of Errour, “Set. Os ahd there are two iets | i _ orcaules,wherefore no Cupias or Exigent lyeth aganft it any Peere, the one becaute of the digdisy of cheir’ per. lin _. fons, the other by Intendiment of Law, there is none of mt rhe Nobility but ‘have fufhciént Freehold which the) { Risineiffé may extend fortheéir payment’or fausfadion, but 4°-Capias 01 Exicent lyeth agiintt a Knight, for he i - Law hath toe thac opinionot his Freehold , as thé} Court faid 1 26. WB. eide 27. HW. 8.22. in Brookes th abridgement Exigent 4.03 Cooke 6y:pwt 52.5 44 And.ifaty of the Nobihity:happeno be fo wilfull as) / not to appeare; the Court. will compellthe Sherifre to 0 “Yetnrne great dues againtt shim, and Ort "every dee in fault co uncreafe.and multiply the iflites,astately againtt ih ~ the Earle.of Liscolae hattebeeniprattices > * By. the Ancient Lawes‘ofthisRealme be foreche conte | ming of Hee thre Conquerout p:many Bod: Lawl lt weremude forth: keeping of the peace.amonett orheérs tt thas every man above the Age‘of 13:'yeares' fhould bel {WOFRe.rO contig as -yotramy read more’ av large int , “peo Scan bom Qn bs & 4 Shee Sap Nae LA oe aE el A Treatife’y of the aint tie oe a shor ipa ation of K Kents 216 Be we in res : tibrante thereof doe Keep; ac. this dayin view of BY oe Bests Court; ‘bue Noblemen of all forts e ré neither bornd to attend the Leete, nor to take thac dath’agapp res by Britton. caps 29. treating of this -oure called the Sheriffes’ Tae Courts, of which the eete (cemes to be extracted and agreeable , thereunto the Statute oe. a arlbridge, C4Pe Oo ID thele words, a thinis vice e Contra provifunz off quod. neceffe non haber it ubi wenire Arebiepi[eapi, LEpifcopis A ebates, Priores, eee Pel, vide, the. e Lord Pests See : rthecate of F oft- nati, fe 1 789... sf i Mypety Pe Ifa Wri oF Errot be browgh tin ete upon a idgement given In thé RingsBench, the Lords of the. ee neces! alone Sicha te Commons ; are to xa 14 4.2.8. re cafe concerning 3 “ditteemte ta- nees and Fees ofthe Knights of the Parlia- | ent, it 1s agreed for‘Law chat the Barontes and other indsas.are’ ‘parcel! of their ancient Lordthips and Ba- | mies sbut forother Lands they are Bur'there is 2 qgue- on'made, one which is no Barron, bur i ae, doe , ed ff Barotty, whecher fie’ fhall be a: f ed'of Yuch |i gnoble purchale, by ‘reafon onely of $/parchafe HMI EMARE sfétence to have Nobili- this aic®'in’ “Parliament,” as pefore in in this treatife | éree appearech; for as Lands by Villany fervice — not make aVillany or Bondman, which being free pth purchate the fame. as Litstetonsdoth teach lit. 2. I 3 5 ¢ Ops { r 42 eee Treatife of the Nolilitie. cap.12, though by his Tenure he'fhall be bound to dot fuch Villante fervice, fo of the other fide, and chat 4: holden by Barony.doth not make the villaay peafent o1 jgnoble which purchafeth the famé,to be nobie,althougt the charge of fuch tenure doe lye upon him in refpet of the ferviceofcthe Realme. “It ts faidin our Bookes, thata day of grace or by tht favonr of the Court is mat to bee granted to thi Plainciffes im any Suite or Action wherein a No! bleman is defendant, 27..H.8, 22, 27. E. 88 becanfe thereby the Nobleman fhould be’ longer de, layed then the Ordinaty courfe of the Court is, ani, fuch, Lord. is to haveexpedition of, Inftice: in refpet rhat he is to attend the Perfen of the King, and thi Service of the Common- wealth, but if there be no ig noble perfon party to_the Smite; the Judges.doe an| may at their difcretions grant upon 2 metion and ct er, a day or more of tryall otherwale then by the, ftrivi courfe of the Law the Plaintiffemay challenge... 1 Cambden fol. 169. writing upon the Subject (ith where the. Noble man is demandant the Tenant mili not be effoyned ; for the delay and canfes aforelaid, i _ which J would alfo fub{cribe bur that the Booke oft HT. 45.5, 6: is-otherwife adjudged.( 1f I doe.mifundelt fland ic) therethe King brought a Qware fama th gain(t.2 Common perfon, and the defendant was effo1 aed by the rule of the Court; Therefore a-fortiars;| ( might be effoyned aganft a Nobleman.. -. _ Jf any Peere of the Realme, being a Lordof the © liamant, be plaintiffe or demandanr, defendant Tenant, in any Actionreall or perfonall, againit ther, - whereupon an iffue is co be tryed by a Jury, » Sheriffe|. muitrecurne one Knightat the leait;: to of the Inqueft,:ocherwife upon a challenge made » whole Pannell fhall be quafhed, which by the or- >of the Law isappoynted toybe done , : for Honour d reverence duetothe:perfons of that: degree, for s che words of the Booke are) when a Peere of the alme is party, the Law is etherwife, then when the ice is betweene.other perfons, Fitz. Chall. 143.13. 3. «a Onar. Impedit. againk aBifhop adjudged, lowa. 11.7. Dyer 208.°6.27. Hy 332300. 8 Buc the Earle of Kent by the name of Resgnald Gray q. brought a Writ. of Encry againtt Sir H. G. Knighe, | Eliz, andthe parties did plead to an iffue, theveni— ucias was awarded, Which the Sherifte ‘did rerurne ved, andia Pannell} returned according, ‘in which nell there is noKaight named,’ thetruth of which wufe was, that after the recurne made, the demandant — publifhed:and declared by the Queene: and the He- bough hee had not beene fo reputed, or named Earle Hore , and alfo after that time (thatistofay) ar the dn laft parliament sthe Tenant is made'a Baron y 2 Jrivof parliament, and both’ parties have places and yees Jn: parliament , and then the lury doe appeare ithe Court, of Comnion pleas, and the Earle of Kent ii challenge the array, . becaufe no‘Knight was retur- Id, buc. it was. noc allowed ‘him™by the Court, enn th ae seek epe eps eA Treatife of the Nobilitie: apy Ids, to be Earle oftKent,in right’ and by difcent, al. « , 1 q 1 Uae | AL | i He | : | ¢ Hi 4 it i | i i | Ne ie 1 ie AD | i Wi " for the admittance of both parties as to the cont ~ for he had no notice of the honeurable’ eftates' of ther of the parties, the demandint ‘not be} then knowne or. reputed to bee an Earle by difti ‘perpetuities in Lands and Ignements, you may fe _of che Kings Majelty upon the ‘Creation of any Pei : pivenmto fuch new created Noblemen an Annuity ay 23.£.4.77:38,£.3.31..9.H 6.21. but the athereem ofe Duke is y0.1.'49.£.4,9.tH.6.7.alchough the Stat Fansites at Barones ona mtrcicatur wifi per pures fie “A Treatife of the Nobilitie ty. and no detaulc can bee ‘layd co the Sherif} or of thé Tenants then alfo being no Baron, J} ° ‘ How mach the Common Law hath valwaies prohibtij Corbets Cafe, inthe fir part of Sir Edward Cao Booke,Fol.84.andin many other Cafes in the reft of | Books, alfo Littleton Fol.1 4g. faith, wis a Principle the Law, that every Lehd of Fee-fimple may be cha) éd witk a Rent in Fee-fimple by one way or other, | of the Realme, Duke, Marguefle, Earle, Vicount, | Baron, do (as the manner is) by his Letvers Pate ent for the {apport ofhis degree; which they call ¢| ation Money, this is f annexed unto the Dignity, dl by no gran, ‘aflurance, or any manner of Alienatior| can-begiven from the fame, ‘bucis {till incident, an | Sip porc of the fame Creation, Dyer fol, 2. &c. | Jn all Cafes wherein Snite of Law, a’ Baron | Peere of the Réalme, isto be amerced (other thé Dake) his angercemencis nolleffec! ¢14 1a0c.s.9F.4 | Of Magna Charra, Chap.'r4. -be inthe’ negative, 7 ie A Treatife of the Nobilitze EN fecundum modum acliéts, and yet the nfagehath | Eeduced'it into a certainty, allo Dy Ene ene Statuceic | | apeareth, that fuch amercements fhould be afferred per Wares (ues, but for thar it were troub!efome' to aflemble iMarons for fo fmalla matter,fuch amercements in.cimes Haft hath beene afferred by theBarons ofthe Exchequer, Ivhofometimes were Barons ofthe Realme, as isbe- Hore in this Treatife mentosed, and hereof writeth | Wyratton, Lid, 3. Tratt.2. chap. Fol. 116, viz. Comites Were vel Barones non funt amerciandi, mf per paces uos Necundum modum delittr, & hoe per Barenes de Scacarig | Med coram ipfe Rege. Vid, Caoks 8. pAttr29-CF fequentia, i i his Section is robe ommtred, becanfe itis more fitly we We written hereafter. vilyais 1 A ily | Ifa Plaintife recoveragainft a Peere of the Reaime, din an Adtion of debt or trefpaffe, upon fuch a Plea plea- |) fided by him, or other defaule in him, fo thara Fine thereby dorh.grow to the King, and thereupona Capias ber Fine iffueth outagainfthim, his fhall not preju- ice that Nobleman, foasthe Plaintiffe. may thereby _ icake advantage by prayer that he fhall abide un Execu~ _ sion, for the Plaintiffe’neither without his prayer, nor | |though he doe pray it, by the opinion of Briar, Fufige — W14.7.7.2% wae a i | VVhereasby a Scatuce made 32.H,8.Cap.26.Jris genacted, that che Subjects of the Healme fhalinot keepe | in their Families ec Houfesabove the number of Foure | Strangéis borne. neverthelefle by a provifo inthefaid |. WAG; every Lord of the Parliament hath his res a ee Oe | allow- FES we oe ee Fear Ie Fe NOM. ay _* allowed unto him to keepeim his Family che number ¢| ‘teSteangers bore, any thing im that Ach.co the cape trary nocwithftanding, Fe ae A ” By the Statute of 24. H. 8, Cap. 1 3.24. A Priviledgt “was granted to the Nobility according to their degree ii concerning ‘their Apparel! , ‘but becaufe By a Sracur made in the firft Yeare of the King that now is , Char ‘25. all Lawes and Statutes made concerning Apparel ‘are taken away, I leave further co Ipeake of that matte! 5 ‘Fac. Caps 2 5. t as : F a By the Statute of 5. ‘R,2. cap. 12. The Kin} ‘our Soveraigne Lord of his Royall Majelty defenw deth the pafie utterly of all manner of people, afweil Clarkes as others, in every Port and other Towne aniyr place avon the Coalts of the Sea, upen the paine at forfeiture ef alf their goods, except onely the Lord: and other great men of the Realme, and tiue ang) ‘Noble Merchants, and the Kings Souldiers ,, and eve. ty perfon chen is before excepted, which after publi- cation of this Ordinance made fhall paffe our, of chit ‘faid’ Realme withonte the Kings fpeciall Lycence,whict } ‘Lycence the King willech and commanderh thar ic be ‘not from henceforth made, but in ene of che ‘Ports vn-} der writcen, that is to fay , London, Sandwich, Dover,\ Southampton, P linouth,Dartnsouth, Briftoll,Yarmouth, Se. Buttolphe, King tone upon,Hall, Newcaftle. upon’ (| ‘Tine j°and the other parts’ 4nd paffages towards Jre-' | tand, and the Iles pertaining to “Exgland, fhall forfeit | towards the King as much as he hath in goods as afore’ ; : ; t “Sies G a eC ite 1S ~ 6 A Treatife of the Nobilitie My (> id, ‘but becanfe this Statute is alfo taken away by a AG Of Parliament, made inthe fourth vyeare of Wg James. cap.1. J doe nor fetydowne this: for ti of the Priviledges. appertaining to. the Nebility NS .GAYo' ol weno Jo enenud Iwodae™ | Pe aT 4 44g MOITORNOS 16 ii But Phillip Earle of Arundel Senne of » Thomas nike of Norfelke, was taken upon the Sea paffing 1n- ii France, about the 30, yeare of the late Queene, 1 was. fined in the Star-chamberto.2greac {umme, caufe he did not take Shipping atone of the Ports entioned, C romptons Courts 314 Whereas by the dacate of 2.17.2, P arl.2.cap,.1. Jtis ordained, that the diBtices of Peace in every County,named.of the Cre mm fhould be refident inthe Shieres wherein they ¢ [uftices, there is a, “Provifo ‘whereby the Lord ind, Peeres of the Realme namedin {uch Commiflion ye excepted, | eflriat,..ovd con iia —— | By the Statute of 2..E. 6. cap. Penal amongft other ings, itis enaéted, that inall, and every .cafe..and jafes where any of the Kings Subjects hall and, may ion ‘his Prayer have the Priviledge of his Cler- €, asa Clarke Conyitt, that may make putgation 1 all thofe Cafes and every of them, . and alloin.¢- sty’ Cale and Cafes of Fellony, wherein the privi- -dge and benefit of Clergie is taken away by this repented) onely..excepted the Lord and Lords.of he Parliament ,,. and, Peere, and Peeres: ofthe Xealme. having..place. and veyce in. Parliament , Bre se ay fhall fatute (wilfull malice. and poyfoning, of malice | » ee ‘haw 2d for Feliony, it ems thatin chd{@ cafes he mal ag A Treatife of ther Nobilitie. ‘shall by vereue of this Aet of Cominiah’ Stace! em his and their Requelty and “Prayer, alleads that heis2 Lord°or Peers of che 'Realme,”"thim| the benefit of this “Aa though “Ree ‘cannot re); wathout burning of the Hand, loffe of ‘Inheritall er corruption of his blood , bee adjudged, dj.’ med, ‘taken, and aled for the felt time’ onély |; alt Jnftmneétions, inrenrs} and ‘purpotes as a°Cla Convik, which may make pargacion wich@ut |, furcher or other benefit ef the Olergy to any” fi Laid or Peere from thenceforth at any time “afi! . tor ‘any caule to bee allowed 'y adjndocd, or adir ted any Law, Callome, Sratutey or any ‘thing | the contrary notwithitanding.” © Tel cate By rhis Staruce a’Lordiof the® Parliament fhall fa the priviledge of his Clergy, where comiron pert thall not, viz. forthe breaking of ahonfé by day” ‘night, for robbing of any in the high way, and in | “other cafes excepted inthe Statute of 7.6.6 r2..] ying’ in wilfall murder, and poy foning. Panes | . Bue inall other cafes wherein Clergy is taken aw by any Scature made fince the faid Statute oF ££. 6. | 3s in the fame Degree that a common and infetior p¢| on 1s, bye the Court will not give higi the benefic this Sraruce, if he doenot require te Fth: Lord of che Parlian2ne doth confefle his o fence upoa his Agraign'nent,or doch abjure, of is ou H2v€ the benefit OF this Statute, vim his Clergy, : | , a: Cee thi delivered out of prion by the Juftices, fed ques i onltor, 20360.) og ee : Pao Vt34 Aa se aac ‘purgation, but fhall be forth. 4 the ppsng! Ceabitucons WNobiles non torgicens 3 quilus plebeis terquerentar & nobiles non fuafpens iit Led decapiranrur, and fo itis almolt growne ine Cufome in England by the favour of the Prince, "Ate isit to, havea Nobleman. execited in-other . cs yet Thomas. tines Lotd Dacres of the South in H.&,and Lord Sturton 4. Mar.were hanged, Brooke ache firlt yeare of the late.Queene Eliz, caper Ik 4s of Parliament ,..for the.aniformity of Come: | Prayer, &c. there is contained this provifo, and y¢ enacted and drdained, that all the Lorde “Parliamene for che third offence. abéve nieritioned, . I) bec eryed by their Peeres ahd nor by any. Boclee "call Courts, teade the Sratuteatlarge. een = ~ i > nr 7 STE Cee al 2 " sbi Si a os a 7 € “ a on fied ier re “ , heh 3 1 te ai? rn T..-, aN Ro ih. ee J : \ fp te Lk eS < aad Said fo ¥ = A Treatifeof the Nobilitie. $ is gs 4 2 ai 1 align” Treatife of the Nobilitie a ry one fhall or may purchafe ‘Lycetice or difpe nages or Benefices with cure of Soules as atorefa facion; ‘and cake,’ receive , arid *keepe ‘two Per nages or Benéfices, with cure of Soules, and tf evéry Marquefle or Earle may~ have five Chia lzines, whereof every one may purchafe Lycet or Difpenfation and take; receive, and keepe x Parfonages or Benefices with’ cute of Soules, a that every Vi(coufte: and othet -Bifhop., may ha foure Chaplaines ,"“whereof every one may putch Lycence; and receive; havé, arid keepe two Par And thac the Chancellour of England for the til being, and every Baron and Knight. of the G: rer may have three Chaplaines, whereof every ¢ fhall now purchafe Lycence and 'Difpeniation, : receive, have, and keepe two Benefices with ¢ of Soules, read the Statuce at large, er 4 * And'forafniich as retaining of Chaplaines | Lords of greac éftacés is ordinary, and nevertl leffe fome qiieftions*in Law’ have beene™ consi ning the crue underftanding of the fid Statue J thinke’ ic not impeftinenc to fec downe fome fy fequent refolacions of’ the Judges touching fuch u| rers. Sd di Bees oR intents aaa EE -- Ita Bifhop be trafflated to art Archbifhop, i Baron to be created to an ‘Earle, é&c. yet within ‘i Act they can have bur onely fo many Chaplaines | an) Archbifhop or Earle might have; for althou he havedivers dignities, yerbeis (till but one ba > ee fice Knight ofthe’ | ue- Ports, hee oe > Ofit de fmie’ #i.1 en | 4 . i } 4 Baa) || | Chaplaine to Procure 4 ‘nor » otherwi may bé punithed for hig fion-refid GUC Y, 7s & UG ‘So ifan Earle or Baton doe rétaine a I before his advancement his Lord is hafon , as it VA merland a TF, t ( fe 3 P Out of ithe cafe ‘to. have g or for: his Chaplaines,. bs a ae TAI wren Ff Pe F ; Siis f a Baron-have’ three’Cha plaines » afd every one -of rthe Baron'dyerti, nefices with cure; which m before, bucin this cafe aplaine be refident upen one of his he ig become unpunithable for being Dy havetwo Benifices: and afte they fhall: are Teeatifaof the Nobilitte ease © non-refidenr. upan the other. for reffante cass a effeitus, the-fame Law is ifa Baron be attainred of tre fon or Felloriy;, .or if any Officer be removed from h Office, Et fic de fimilibus, vide Aitons Cale, Cooke, part.Fol. 117. tor all chofe matters, 4 _ ABaron or others of degree of Honourdoe rerafi fuch number of Chaplains as are allowed by the Seacat and after upon duite and requeft, the faid noble perf doth retaine more Chaplaines. Be ONG y| - Srenst. Ha Inthis Cafe, they that ave firlt retaynedthall one! have priviled 0, nama gui prior eft tempore porier eft In, foifaLord doe at anytime retayne more Chaplai’ then are allowed by theCommon x aw.the Jawiall net ber onely (hall have priviledge, and in this cafe whi _of chem firft promoted, fhalt have priviledge, and t), reft are excluded; forin equali dure melior eff condi) poffidentes. ah i : 4) Jfa Noblemian doe retayne Chaplaines (above: aumber) at feverall umes, if any of his firlt Chapla die, the next thac was then recayned. thall notfuece for his firft retayner was void, and therefore int Cafe it doth behoye him to have a new retayning ai: the death. of che predecefonr,,.and before his.advar mnent,zam quod initio non valet iptraite temperis noni ‘wal-fer: 4 as sheaed ede por SG As ates . Oot Gaeee, Be PIE Rk: ie) f ve @ saa ‘i ea ee : Hai iol 1 gale * A Preatife of the Nobility sie : Ifa noble perfon retaine fuch a numberof Chaplaing . _ sis by the Lawallowcd him, but afterward upon fome © iflike or other caufe doe difcharge fome of them from heir attendance or fervice, the Lord in this ¢afecannot taineothers, thereby to give them priviledge, during le life of she fo retained and difcharged /and the rea- in thereof is, becaufe the firft Chaplaines were lawfully stained, and by virtue thereof during their lives mighe urcha‘e difpenfations , to have advantage according to 1¢ ftatute : and therefore #f the difcharge of theirter- ice and attendance might give a liberty to the Lord to taine others, by fuch meanes the Lords might advance haplains without number,by which the ftatute fhould e defrauded ; and the faid ftatute muft be conftrued rictly againft non-Refidents and Plaralitiés, asa thing ‘ejudiciall tothe fervice of God, and the ordinary ins ruction of the people of God. Thefe premifes ate to be ad in Cooks 4 part fol.gos Draries cafe, : By the fatuce of 3.H.7.c2).1 4. it is enacted as fol-. weth , viz. Forafmuch as by quarrels made to fuch as ive been in great authority, office ,and of counfell with the ing of this Realme , hath enfued the destruttion of the ing, and thereby the tindoing of this Realme + fo that it ith appeared evidently, when the compaffing of the death fach as were the Kings true fabjetts was laid, the deftru~ ion of the Prince was smagined thereby ; and for the moft rt it hath growne and beenoccafioned by exvié and malice the Kings owne hon{hold-fervants ; and for that bythe wes of thes land ,if attuall deeds were not , ihere was no medy for fiuch falfe compaffing Oy abe ns and confede- racks firaightly punilhed before that an akiuall deed was done, For remedy whereof it was by the fame ftacute ordained,| that the Steward, Treafiirer, or Controller of the Kingg houfe for the time being, fhall have full authority and power to enquire by twelve fad men and difcreet perfong of the Check-roll of the Kings honourable houfhold , if any fervant, admitted to be his fervant, {worne, and hi name put into the Check-roll of the houfhold , whatfo: ever he be, ferving in any manner effice or roome, rept. ted, had,and taken under the eftate of a Lord, make any confederacies , compa flings , confpiracies, imaginations, with any perfon or perfons, to deftroy or murder the King, or any Lord of this Realme, or any other perfon} {wornetothe King; Councell, Steward, Treafurer, oi} Controller ofthe Kings houfe, that if it be found ae | the faid Steward for thetime being, bythe faid twelve _| men, that any fuch of the Kings fervants as is aforefaid! . hath confederated, compaffed, confpited, or imagined th abovefaid, that he fo found by the cnquiry, be put there.’ upon to anfwer, and the Steward, Treafurer , or Cons - troller, or two of them, have power to determine the! fame matter according to the Jaw: and if-hee be putin tryall, chat then he be tryed by othertwelve fad men an difcreet meti of the fame houfhold, and that fuch mifdos : ers have mo challenge but for malice,and if fuch mifdo- |. ersbe found. guilty. by esnfeffion or otherwile, thar the! | faid offence be adjudged felony, and they to have judi Pee pe Ament’ A Treatife ofthe Nobility.- | ment atid execution, asfelons attainted ought tohaveby | 3 Tnthe ftatute madein the fecond yeareof Hs .capros | uithority is given tothe Sheriffe, and-other the Kings =|) J uftices, for the better fuppreffing of Riots and Ronts,&c. oraile Poffe ( cmitatus ,the power of theCounty:and. | | he fame liberty doth the Cominon law give in many | ther cafes: Neverthelefle:may not the Sheriffe upom | uch ‘authority command the perfon of any Nobleman. o attend that fervice’; burif the Sheriffe upon a Sapplica= yit againkt any Nobleman, in that cafe doe returne that: ¢ is fO puiflant,chat he cannot ordate‘not arreft him; | he Sheriffe fhall be grievoufly amerced for fuchhis'tex | |) urne: For by the writ under the Great Sealeofthe King, | -ommandement isto all Archbifhops, Bifhopsi, Dukes, Jarles; Vicounts and Barons, and ‘to’all liege men OF he County, to be ayding unto him in that whichto his fice “appercaineth : And therefore by intendment no erfon whatfoever can refift the execution of the faid writ ofthe King. Alfothe Sheriffe may by his difcretion'le- alfes’ Cromptons FuStice 13.4, 3-H.7.%. Gookes 5, parts ° The words of the great Charter of the Forreft, inthé leventh’ Chapter, are as’ followeth : Every cArchbifbop; ibop, Earle, or Baron, comming to us at ony commandé-= sent, and paffing by ovr Forrest, it foall be lawfull for bing tabe one beaft or two by th? view of the Porrefter, if he be refent ; oF elle he fall cAarife one te blow aorneé fer vey; fe i: K 4 ; the rie three hundred men (if need be) to aidhiminthatbes | | Pi ie paring Se. ene ea eas Oe on + See home) M “4 pip Aaa, z ts ee ae 4 niyo Rew as i Fa ee a sy Se ey ee a Pisin co W NN Macs. | A Treatife of the Nobility, = | thar he feeme not to ficale our Deere, This ftatute dot | fpeake but of Archbifhops, Bifhops, Eatles and Barons, -yetif a Duke, Marqueffe, or Vifcount, which be Lords of Parliament, be comming towards the King by ‘his - ¢ommandement, they alfo fhall.haye the benefit of this articles a, , |. So if the King fendto any of the Lords aforefaid to come tohis Parliaments or fendto him by writ of Sab pena, to appeare in the Chancery, before his Councell; _ orfend for him by his miffive, or by Meflenger;, or Ser< | jeant at Armes, in all thefecafes he fhall have the benefig of this ftatute, becaufe they came at the Kings sonia | dement. , 7 | ; ' The fame Law is ifa Scire facias goe out of the Chan cery.or Kings Bench to’a Lord of the Parliament; but if ~ fuchproceffe goe fotth for a Lord to appeare before the -Juftices ofthe Common :Pleas, or before the Barons of the Exchequer, and he commeth upon that, he fhall not havethe benefit of the ftatute; for he doth not. comeuns to the King, and the words be, weniens ad nos ; and all "the proceffe which are made out of the Chancery and | Kings Bench are, quod /it coram nobis ; and {o are the Pro= 1 éffe out of the Star-chamber, Alfo Lords which come to vifice che new King after the death of his Fathe ‘ ’ (though not fent for) fhall have the. priviledge :.and {@ | note this ftatiitelis a warrant dormant to fuch Lords, | whichisalfoto beundcrftood as well of their returning homewards as of, their comming towards the. King, Adanwood Forret Lawes cap. 181+ (romp ,Courts 167.6. iss .s | Note % A Treatife of the Nobility. Jotethis flatute doth give licence to killor hunt inthe a i *y Ys 4 <4 Ne PAM PR he eer ee en IE yt a NOMS ee {MRS Re ee nr ies 1 ae ay ; ine ye SAREE ON Ye OE Re iy (OREN R UTE oa ae) eee hy eRe t i * 7 he A pe ‘ A Treatife of the Nobility. — pie ind fhall be awarded againft him a (apias, 1 1.5. Cafe lt. 27 A. %.22, Cooks 6. part.54. | If any Lord doe departthis Realm, as Ambafladour wr otherwife, by the Kings licence or without licence, ind doe not returne atthe Kings Commandement, or ipon the Kings writ under his privy Signet ; the King nay feize his lands, goods, and chattelis, Dyer 1c8.6. — | | 717. the Dutcheffe of Suffolks cafe. | “If a Lord, arrefted upon a Swpplicavit for the peace, oe wilfully refufe to obey the arreft, and make refcous pon his returne fhall iflue an attachment againft the xia Lord for his contempt totake his body ; and this ts ne way toobtaine peace again{t any Lord of the Parlia- jent, whereas the party could not have an attachment’ gainft him, ifthe Suépena had beene duly ferved and eaceably accepted, although the faid Lord had not ap- eared thereunto, Cromptoxs Juftice of Peace 134, — If a Lord of the Parliament doth with forceand arms . { i etaine a man in prifon, in his Houfe or elfewhere, the smedy isin fuch cafes by himfelfe or his friends abroad - Pliberty to have a writ called de homiue replegiando to eliver him; but if the Lord, to prevent the execution lereof, and of malice, doe keep or convey away this jan, fo wrongfully imprifoned, fo privily, as that the heriffe cannot execute his faid-writ ; then will the Coure ward a Witheram, whereby the Sheriffe fhall attach id arreft che body of the faid Lord, and imprifon him ail] he doe deliver his faid prifoner, 11 H. 4.15. All Lords are compellableto takethe Oath mentioned ithe Statute’of 3 Fac. 4. & vide the Statute 7 fac. p. 6. who-haye authority to minifter the faid Oath to K 4 them. > ~ | to finde furety thatthe faid efloineistrue; bur in cafe. now amercietur pro parvo deliito . wifi fecundum modumh 7, tried by his Peere, as he fhould in cafe of Inditement, eS ESOS ee ne ee pci of the weil bei Bratton lib. 5» fol. 337. 6 Hi 3.8 351. writing: of effoines, delivereth this learning, tae if a Baron that fy ‘holdeth- by Baron tenure have his abfence excufed by: i effoine, he which cafteth fuch effoine or excufe, ought ef | of common perfons it fhall reft upon the credit and inte- = grity of che Effoinee, and fo istheufeatthisday. . 4x The Statute of magna charta cap. 14.is quad liber pte illins delifla & pro magno delitto fecundum magnitidineny y elitts & nulla preditiaram wifericordiarum poratur , nif per Sacramentun proborum @7 legalium hominum de vici= wate, anc accordingly i is the Law thereunto at this day. 1 But the fubfequent words in the faid Statute, viz. (omites @ Barones nom amercientur nifi per pares fuosy & nan wifi fecandum modum delifti, are not in ule, for) | whether the offence be great’ or imall, for which they} \ vareto be amerced, heir: amercement muft be certaine, | . yiz, of a Duke ten pound, and of any other of the Nos | bil. Cae k tt t | “hb whereas the amercement Gieutd be offered per pares the ufe | is to offer them by the Barons of the Ex= ichequer : aCeaks Be Rep. 40. frat lib. 3. Tratiasing cap. i. fol.1 1668 . Whena Peete of the Realme is aaroleveds in Appeal : of f Fellony , he fhall nor have that priviledge to bee | 8 mutt undergoe the ordinary triall of twelve men; reantard Pleas of the Growne &p. 3. .cap. 1. Brook trial] 2, Ferdinando Ponltex 138, b. Read the book of En; ste title: appeals Sect. 7s alfori in Cafe of an Indites| “ment = oe , ok the i Be ere a eae ‘ ae : ATi reatife of the in oA A AM le i isa ee eS te Loe RN ae senda rise y y Nobility, = 24 | es TALS iyi i 72 vs figs gap: r te . - f a AZ. Pe: Sei | ls | % i of ots A / { : vA PRL e j 325 | Le aoe b ae et f oR” > | inthe King, and none of his Subjects who are within hi "| -Lawes is divided from the King being his head and So -»weraigne, fo that his bufinefle and things do toucha _ «the Realme, andasall the Realme hath intereft in th “King, fo and for the fame Reafon in the Queene bein ‘his wife, Ploudena yp . 2. Corkes 8.Repl. 28. ae - A man {eifed of divers Lands in Fee, holden by «Knights fervice , fome by Prioritie that is by he ‘Beofment holden of others, and fome other parts hols -den by the fame tenure of the King by pofteritie, che “King granteth his Seigniory to the Queene, and afters wards the Tenant dyeth, the fonne wichin age in thig | -gafe the King fhallhave the Wardjhip of the Body, ane Shavethe Prerogative evenas the King himfelfe fhould : | “Oftave had, 90 E. 954. vide ettam Stamford Prerog. Reg. my tap. 2.° Ve NE oe goes | ga Queene, wife unto the King or widdow, hall _ “not béamerced if fhe be non-fuited in any Adtion or o- \ “therwife , in-which cafes any other fubject of what des |. gree foever fhall be amerced, for inthis cafe rhe Queen |) ‘thall participate the Kings Prerogative, (cokes 6, Re= ; ‘port -62. : ) | E | ~~ Bur the Queene fhall not in all cafes have the fame’ | Prerogatives thatthe King fhall have in the tame cafe ; | as for Example; Petition is all the remedy the Subje ') *hach when the King feizerh his Lands or taketh.away! | “his Goods from him, having no title by order of Law 1) ~ fo to doe, contrary. to the opinion of fome ancient | Bookes, as yon may fee Stamfords Prereg. cap.19. But ) infuch fuic fhall be made to the Queene, but actions) |) again{t other Leiges of the.King, according as the cafe! (|, Paul require, for by the fame reafon thar the Queene | fi CORREA ¥ tee SE yak em “ng NPT a Al ATreatifeof the Barons, - mg Boe Plaintiffe and Demandant inastions without the by the fame reafon that the Queene may be Plain. _ | and Demandant_in actions without the King , by iy | | | #me reafon he fhall be Defendant or Tenant , wich we pertaking fuch Prerogatives as doe appertaine to ing, 11. H. 4. 64. B. Stamford Prerog. caporz24 saint the King by his Prerogative, Nudlum tema ‘curit Regi, but time fhall runneagain{t the Queen 8. E. 3.2.4. and aplenarty by fixe mouthes is z | pleain a Quare Imp, brought by Philippa Regina = lia ibid. fol, 1, et 13. 6. Stamford Pegragtap, eee finem. Of she Shall vot fwd) frordty nor, Hrd Go und al fl 21, £, 3,139.4. Ic isthystoberead, notetharz = sGtion was fued forth acainft che Queen, ina Writ h fhe brought, and it was allowed though fhee be g * n exempt. | evertheleffe. by this fhort cafe following may bee ‘ved, chat the Juftices doe not eafily fuffer any pro- tings in Liw againft the Queene, wifeer widdow, ~— vill hold with their Inmities as muchas they may, aw: VA 5 * ete: ee Writ of dower was brought againft J/abe/ Queene 1g/and, mother of the King that then was, and the t faid to the Plaintiffe, the Queene is a perfon of tie and excellencie, and we are of opinion, thar nall not anfwer to the Writ, but ic behooverh you * > co her by Petition, and. thereupon the Deman- dixit grat, and fhee prayed the Court to grant 2 nance of her Action untill another day, fo chat in, cane time fhe might tue to fpeake with the Queen 1¢ Court would not agree to make a at ee | My DUE > Gihcihte Pelaewh ht > EAMG. Side) ie ‘Queene fhould bee accepted “as anfierable, ‘4 ‘sg A Treatife of the Nobility: | ‘bue fid, that upon her requelt they might giv recepart. and fo it was done for the Queenes Com would not agree to a continyance , for thereb es Tue wife of the Kings eldeft fonne alfo hath. Prerogative, in regard of the excellencie of her band, which the wives of other Noblemen have ni ‘by che Seatute of 25. E, 2. it 1s high Treafon toy ‘the wife of the Kings eldeft fonne and heire. ~ Dutchefles alfo and Countefles have {peciall fe appertaining to their Eftates, as kneeling. and ta and fuch like, which things as appertaining more perly to the Heraulds then to this Jegall difcourfe I @ntothem. ~ : By the Statute made 7. Jac. cap. 6. intituled, A for the Adminiftring the oath of Allegiance and B mation of Women recufants if any perfon or pert or above the age of 18. yeeres and degrees afor muft and hereafter fhal ftand and be prefented, ind or convicted for not comming to Church, or not: ving the holy Communion or Sacraments of the. Supper, according to the Lawes and Statutes ¢ Realme before the Ordinary , or other having k power to take fuch prefentment o: indictment, tt of the Privie Counfel] of the King his Highne! ‘Heires- or Succeflours and no .other, whereo Lord Treafurer, the. Lord Chancellour, Lord | Seale, or principal! Secretary to be one, upoa k Jedge fhall require fuch petfon or perions to tal faid Oath, but ic fhall be lawfull to and for ever éhop within his Diocefle, to requireany Baron ¢ ~ ree ed 3% oy be Pe IP a ee ee Pe oe wl tat Sate "i eo . ii ets ‘A Treatife of the Nobility. > the age of 18. or above, to take the faid Oath. : in cafes of indi&tment of Felony or Treafon, a @efle fhall have the fame tryall by Peeres, as doth re by the Statute of 20, H.6.cap.9. which any o- Yoble woman of higher degree fhall have, ‘which edge is denyed to all of a lower degree then a Ba-__ ee HY eee (eo { > Sar oe | Ladies in Reputation, bh SO, ie wife and widdow, and widdow of the fonne-and ofa Duke or Earle in the life of his Father, is a, by courtelie of fpeech and honour , and taketh. according as in ancient time hath been permitted Soveraign Prince and allowance of the Herauld, 1 legal! proceedings they are not to have priviled- or to be named according to fuch firnames of dig= but the King may at his pleafure create fuch men... » life rime of their Anceftors into degrees of Lords 5 Parliament, and then the Law is otherwife, Noblewoman of Spaize come into the Realme by onduct, or otherwife by the King,fhee be ftiled by her forraign ftile of dignity,yet in cheKings Courts (lice the fhall not be named by fuch title, though ymmon fpeech fhe be a Lady in reputation. h Englifh woman borne doth take to her Husband inith or French Duke, though he be made a Deni- yet he fhall not beare his title of dignity in Jeg ill sedings. . Serman woman is married to the Earl of Northans, other the Nobility of Exgland,unieffe fhe be made nizen, fhe cannot lawfully claim the priviledges or of her husband,no more then fhe can to have dow- age A Treatife of the Barons. 4 - An Englifh Woman doth take to Husband the | of Kildare in Ireland, orifa Lord of Scotland, tt he be a pof? zatus, take an Englifh woman to his’ their wives fhall not participate their husbands ’ of Dignitie. Ey og But ifthe King do create one of his Subjects of | Zand, naturalized here by A& of Parliament, ‘to be count Rocheffer within Eagland, and after by his of Summons under his Great Seale, doe call him € “wper Houle of his Parliaments, and affignehima there in his great Councell amongft the Lords Peeres of the Realme, hee is now alfo a Peere of Realme, and fhall be pareaker with them in all P ledges , and by confequence, his wife, widdow, children after him, 32. £. 3. 35. ile cafe de Gi Humfrevill, . 1 But ifan Englifhman by the Emperour be made of the Empire, his wife fhall not beare that title of - nour, either according to Law orin Reputation. ~ . All che Daughters of Dukes,Marquefles and Earle by cuftome of long time ufed in the Kings in & ; i palace, named Ladies, and have precedencie and j according to the degrees oftheir parents, and fo of cuftome the Law doth take notice and give allow, for the honour and decencie ; but nevertheleffe, ir rhe Kings Courts of Juftice they beare not thefet * of Honour no more then the fonties of fuch Noble) fon may doe,brothers to fuch Ladies. ri Finis Nob. litatis, . wit ee paleiaeiee er SE Mee ENG Hers AND Matters incident to the Degree: of © Knighthood , according to the. Bick HE particular kinde of fervices, by whicti lands of Inheritance are diftinguithed be twos viz, Knight fervice, and focage; vide Littletons : Soccage, ¢. 26: | ' Inzncienttime, Tenure by Knights fervice was led Regale Servitiums Cooke in his ‘Preface to his 3, bok, fol,3, 4 becaule 1t was done to and for the King. id the Realme,and form: i fecum fervitium, as appearetla Anno 19. Edw.2. Title Avowry 224.26 af]. p66.17s _ 1g» Cookes 7. part 8, a. (Calvins cafe, becanfe they hich doe hold by foccage, ought to doe and performe "| heir fervices out of the eae Littleton, 35. Et ideo hh ormi {ecum dicipoterit guia fita & capitur foris,? Hum, | Jervitiam perfolvuntur ratione penance Te 5 108 er [ondat um. Bratton, fol, sc She | | And oo pp ee oe 5 Saas Sa - 2s ; = Reps eS pe Siero aS Fee an ee on : 5 see eR ae nine = Lage us = ° sig ese (a 3 ee pra arin Ase a Treatife of the Nobility; Bs A | rhe And as Knights fervice land requireth the feryi the tenement 1n warfareand batrell abroad, {0 Se enure commandeth his attendance at the plough ,| one by manhood defending the King or his Lord, and perfon,, the other by induftry maintaining || rents,corne and victnals,his eftate and family. See 1 bert Cuftemes of Kent, fol.28 Qe Sant : ~ Forthey did thus‘order their owrie larids ‘and? tt ments, oné part they kept and detained in their 0. - ands, and in them ftatel y houfes and Cattles wer, “reéted and made for their habitation and deferice their perfons and the Realmie ; alfo Forrelts and Pay were made there for their pleafirres Solace and I light, | eG ee “One other part hereof was. siven to the Nobles ¢ others of their Chivalry, referying tenure by Knig fervice. The third part was beftowed upon men -Meanercondition and quallity, with refervation of {¢ cage tenure ; and in this manner the Dukes and ther the Nobles with their menialls and follow, diffipate to a great part of their lands, viz, their Gentlemen of quality to hold by Knigt fervice , and to others of meaner condition by So cage tenure. ao | Gervafius Tilburienfis, a learned man, who flourifhe Anthe dayes of King Hea. 2, in his Diaiogne of the of {ervation of the Kings Exchequer, hath in effe&t as fo Joweth, Untill the time, faith he, of King Hex, 1. th King ufed not to receive money of their lands, but vi Ctuals for the provifion of their honfe, and towards th ‘Payment of their Souldiers wages,and fach like charges Mony was raifed out of the Cities and Caltles,in whidl ne Bs Hu AS I EM UTE Mk Cire NLS oA art Sl kat xt = Reon sfandry and Tillage was not ufed and exercifed ; But , diagth when the King being in the parts beyond the fofthe warres, and his Subjeéts and Farmers com-=' fied that they were erieyoutly troubled by carriage iGtuals into fundry parts of the Realme farre di- 1 from their dwelling houfes,; the King directed } imiffions ro certaine difcreet perfons, who having a Aid of thofe Victuals fhould reduce them into rea~ ble fummes of Money , the leavying of which Anes they appointed to the Sheriffe , taking order fall, that he fhould pay them at the fcale or beame, fis to fay, That hee fhould pay fixe pence over and fe every pound weight ef money, becaufe that } thonght that themoneyin time would waxe {a ‘1h the worfe for the wearing. Cambdens Perambu- 2 of Kem, fol.172,173. Vide Littleton, libro2ze 426. Note alfo Gervafius Tilburienfis ..who Wi, -dino11 6.0. Anno 6, Hen2, And (ambden, 1178. ape ie L ose anciently ordained, that all Knights Fees ald come unto the eldeft Sonne by fucceffion of © #ctace , whereby hee fucceeding his Anceftours fis whole Inheritance, might bee the better enabled fnaincaine the warres again{t the Kings Enemies or fLords: And that the SoccageFee fhould be part- betweene the Male Childrento enable them to p-eafe into many Families , for the better furthee He in and increafe of Husbandry. See Cookes I face to the Reader, in his Ninth Booke 5 Fol, ,- But as nothing is more unconftant then the Ey 5 i a tae eee a) eftste ‘ATreatifeofthe Nobili, === She j, needed ready money for and towards theFurni- eq = “A Treatife of the Barons) - eftate we have in Land and livings, if at leatt I may ahar an eftate which never ftandeth even fo long - _- ‘Thefe tenures have been fo indifferently mixed and founded in the hands of each fort, that there is nor: any note of difference to be gathered by them, | Lamberts perambulation of Kent, fol,t0, 4 Et quia tale ferviium formi fecum non femper m fub eadem quantitate, fed quandog,; prafat. ad plus gh dog; ad minus Ideo qualitate Regalis Sencitii & qu tate fiat mentioin charta ut tenens vetta tenere pofsit & quantum perfolvere teatatur. B ratton, fol,36, And therefore the certainty of the law in chis cafe That he that holdeth by a whole and entire Knights mult ferve the King or other Lord fortie dayes in wattres, well and futficiently arrayed and furnifhed 4 points, and by twenty dayes if he hold but the me of a Knights fee, and fo proportionably, vide Litcle fal. 20s : . 4 "Anno 7. E. 3, 1333+ fol-246. Ie was demurred Judgement, whether the 40. dayes fhould be accoutt ~ from the firlt day of the mufter of the Kings Hoafi from the day that the King doth firftenter into Sé¢ daed, but it feemech that the dayes fhall be accoufl from the firft day that the King doth enter into $ dand, becaule the Service is to bee done ont of | Realme. : | » And they who hold per regale fervitium, are not performe that fervice unleffe the King doe alfo go hi! felfe into the warres in proper perfon; and thac by} opinion of Sir Willian Hal Chiefefuftice of the Co! “of Common Pleas, Term. Trin. Anuo.7. Ed.3. fol. 24| Dut {ee dav 3, H.6. Titwloprotec.2, In which cal | Lik aaa apt ee SR ew Ate oe ay 5 ee ‘A Tyeatife of the Nobility, Ifo, when before the ftatnte, De guia emprores terran aivalry to go with the King or with his. Lord, .when 2 King doth make aVoyage Royall co fybdue his Ene~ cs by 40 days well and convensently arrayed for the Larsse: | air Tae Se PSs. Sera US ‘i, n this cafe,the Law hath fuch regard to the'dignity of ighthood,that he paayfind an able perfon to go. in thar pedition forhim, and che Knight. js not compellable his tenure to gon perfon, as. do ordinary fouldiers, 310 are hired and entertained by preftmoney or wages no 7 Ed, 3.296.600.8,part fol.gag.b.And fee Littlerqe “go,another reaion inthiscaes) here have bin many ya rying opinions ofCountries of H i Co €nights Feejas you may read ins. Ed. Cooke o.partrof + Reports, fol.124.ihere he feemeth to prove-that ane i| wiry hath thought that 20,.1..in Jand was fuficient to uintain the degree of a Knight, as it appeareth in the cient Treatife,, Vee tes ia er ae Br iF » Demodo tenendi Parliamentum tempore, Regis Edwe at filti Regis Etheldred,:, .. » 4d oft Shy Avis sd Which alfo doth concur with thar Act of Parliament Fe P - Bt ey pat * 9 . j et ee, ide Aazo 1.Ed.2.de milibusby which AStofParlia- ont © enfis milites. The ftareor the Knight is meafired i 20,1, landa year, and not-by any certaincentent of oe Ven es actly: ( i mn TORT NA ie ee he ie Mee “a A Treatife ofthe Notility, *eeres,and with this doth agree the {tate of WefFmin.ca and Pitaenatum Brev. 82. where 20. 1. land infocagé put in Equipage with a Knights Fee,and this isthe m yeafonabie eftimation, for one acre may be leffe in val then many others,vid..41.37.E,3.c.1i.the printed boo of the ticles of honot, 319.24. Selden nata. And it is to ‘obferved, char the relief ofa Knight, & of all Superior ‘that are noble,is the 4,part of chéir revenue by the ye as of a Kt. 5 lawhich 1s the 4.partof30.1.ch te de eet.A this doth appear by the ftatute of ALag.charea ca..8 as & V0ks9.report.f.124.6.And becaule this tenure doth co ween fervice in wat,the Tenants,therfore are named mi wes amilitia. For though the word do papehy fionifi fouldicr,y ct antiquity hath appropriated that name to t whiefert of the military prafe/fion,vid. Bratt, f.35.6.In a Yaw they are ftiled Mksand never Equites . yer fo, ck | eh sis aken for thé felffame,chat Chevalier by MiS den in his Titles of Hoxour,y .Impreffion f.3 34. Bratton 79. makerh mention ofRed-kaichrs,thaf is to fay, fervi Hor femen,who held théir lands with‘ condition,that-th fhoild erve their Lords on horebackiand fo by the ting of a plece'of a naniewts our delight isto {peak fho thes name of Kai ght remaincth with us, Cambden fol. 7 for Armiger (cilicet Efquire, which isadegree und Kyight was in the ALthtarie Service. “Note hat he that holdeth by a whole Kzigbis Eeemi be with the King by 49. days well and conveniently a sayed for the war, Liteleton fol.20.which ig to be undé ftood to ferve on horfeback/ And in ail’ Nations the nan ofthis dignity is taken of Forfey forthe Jralans calle chem Caveleirn the Preachiven Chivalers the Germa Roy ffers,ont Byieains ie Wales, Morgogh, All of Ryding, “A Treatife of the Nobility, refide the fword and girdle,guile {pu latter of more ornament. _ ra oe See the ftatuce of Anno 8.H.5,C.3. AL, Selden f.317. d when a Knight doth com | 1s by the Law to fuffer death, ~ | The ufe hath bininthe beginning of this punifh: | bene to degrade and deprive him publikely ofhis Hox« =| bur of Kni bthood. For itis but lifeloftortakenaway, =| lide «Mills fol.81.by ungirding his Afilwary girdle,by | king away his fword , his guile Spurs cut off with'a | atcher, his Gauntlets pluckt off fiom him,and the {chose tthe degradation of a Knight , which. was adres fork/ey, under E.2.who was a Scot born, by thac King peated Earl of Carleile,vide Seldexn,his Titles of Honauy 337° . : te a 2 Ait the ftature made Anno 24, H.8.cap.t 3.5ntie ed,.An Alt of Reformsation of ap evel was permited © IP Knights to wear ina Collar of Gold, named a Collar 5-Effes,And although this dignity of Kughehood had. @originall,and was given to men of war; yet in all fuc- Pions of Ages, and inal Nations the fame alfo is bee @ved on men of peace by Sovereign Kings, chat inie- all Functions and places in the Comenon-weal be of ular defert, wherby che fervice of the Common-wealg ome is levelled and made equall with thar abroad. for. pully faid truly, Parva feat foc, Arma rif, eft Conjilt~ - idom:. He thar receiveth the Dignity ofaKaight ~ leth down, and the King flightly {m/‘tech him upon. Mhoulder {peaking thefe words unto him therwithall rench. Sots ( hevalier a nome de dice, that isto fay, hm cans Mig ne mic any offence, for'which |) jean of hisArms reverfed,4.B.4.20,Cambdent7ib.and ae & . eA Treatifeof the Nobility. 7 “Be thoy a Knighc in the name of God, and then after -. wards therupon the King faith, vances (hevalier, tha “Js.arife Sir Knight,vide Hooker al.Vocrell, his C.10.fa ) allo Selden f,37»who there {peaketh of our Earl Marth: | wo£ England for making of Knights ; for a Knight is ne ‘made by Letters bilan by the Kings Writs , as at thofe of greater dignity,but by the fword ; For this He _ four is fuppofed to be given on the fudain, and therfor It is commonly done only by. the {word withcu: an ‘pattent,but che King may by his Letters Patten's creat 5 NE att ae . = ae SE ET = 4 4 he ee 2 Tee « ET EO SL RN SSO SE i ET I De NN x f y : ’-Eatrls in ancient time had power in Knighthood,M Selden title Honors, fol. 136. But now neither may th Prince nor any other of theNobility make a Knighs,bu pnly the King or his Lieutenant by Commiffion herco! wi de Ciok 6.part Dyer reports, J, 74. 6. Nomanisb ort aKnight, Se/den f. 3.18 ashe may be to titles of Ho nour,Cau/z patet. But a Knight may be made fo foona Ne Is baptized, asin that beok is mentioned. : except Knights Barronets , whole pofterity doth receive th gitle by difcent with fome limitation ; as inthe Kin Books therof may appear. Note alfo in the faid Tides Honour, fol.31 8:and 313, thefirlt Knight made in Exg banda. eae | . With us in Exgland there are divers forts of Knight wherof Camsdex fal.171.and Adills do write at large; be my purpofe Is only to {peak of one order of them: 4 ~ moneft the Romaves there was but one Order of tkea And thefe were nextin degree to the Sexators them felves,as with us they are tothe Barons; and they whi fimply without any addition be called Knights, howfoe yer they are in Order ranked laft. yet by intticytion the See === om é } e And I do not teriember, that ih out Law books, I ave read any thing concerning the Order of Knights, rithaddition,viz. Knight of tke Honourable Order of ne Garter,Knight of the Bath, Knight Barrortet, Knight ;chus enacted. 7 Every Knight of the Garter may have three Chaps tion, and receive, have, and keep two Benefices with ite of fouls,and they of this Order wherof I have hove fit,aré called Knights of the {pur,and Butcher Knights. jatute of 3,Ed.4.cap.5 Hereoft {ee Caimbden +76.and Me ic/dens Title of Honours, fol. 3 36. oY rer bin queftion fer precedency atid Serjeants at law, Ince either of them have obtained credit in the Coma lori-ywealth : as may appear by the comparifon that landing for the Confulfhip. In hts Eloqueric Oration’ de for Adwrena , and many Difputes of Bartell and rdis, arguing the Cafe to andfro: which althougtic : yet difpurabie in forreign Countries, where the civill Iwisincredit; yet here amtonglt us in Eng/and,ic is Hchout controverfie, anid fo the precedency thereof ig’ idonbredly in the Knight and Sergeant at law,in regard “their Callings.Bue if they both are of eqiiall degree of Hiighthood,ora Sérjeant at law not Kaight, then it go-' : | M 3 eth _—- ATreatife of the Nobslity, “sep efirft and of greateft antiquity,and the other attribureg ccording to the feverall inventions of particular Prin. | Ind foit is nfed in che ftacuce of 1 3.R52.cap.x.and inthe. i Between Dodtors of the Civill law; and Kniglits have | iully maketh between Mucius Matirena , a Knightof ome,anid Publins Sulpicins a Lawyer ; eitherofthena Di \ a anneret,But in the ftatute of 21.H.8,cap.13. where it a sins,wherof every one may purchate licen{e or difpens we eee a Ve eee ee ey ae a. 580 A Treatife of the Nobility, =, — 6th otherwife, as by Knighthood, by Scigniority, an by. Serieancthip, by the Kings Writ and degree allowe thereupon, Dr. Ridley 95. and {o Selden his Titles C Honour, fo/, 55. touching part of this Ditcourfe, no all. | | “ a " The opinion of fome men hath Iately bin,chat Knight Lientenants, that is to fay, fuch as have beene.Ambafla dours to forraigne Princes or Judges within the Realm may and ought to.have, during their lives, precedenci above men of theit owne rankes, after thefe their Of . ces expired, and many of them doe ftand ftrongly here. upon, & (ub judice:lz eft, not determined by judge ment, but admitting it to be fo by way of Argument it thar cafe; yet. all che Heranlds doe utterly deny that riviledge to the Maior of Lozdenand Aldermen, ot Sais of the peace,who have theit limited Jurifdiction of Magiftracie confined within thie compaffe of thei: owne walls and divifions, i ; ~ Buc touching the former,they are general! Magiftrates _ throughout the Realme, and their imployment concerts nerh.the whole Common-weale, and having the pub. like Jufice of Honour of the whole eftate committed unco them, do more meritorioufly draw from thence 3 _ greater refpect of honour, according to the generalliti¢ of cheir adminiftrations and imployments, which an in: fsriour and more confined Magiftrate may have. | _ .The name ofa Knight is the name of Dignity, and 4 degrée, as is the name ofa Duke, Eagle, &c. But inal actions he fhall be named Knight, othérwife the Writ fhall abate, See Thetwall, ib, 3. cap.3. | | ih pean i alfo muft be named by the name of Bap. cifine, and by hisfirmame, as Sir Lerome Bowes Knight ~ ut AT reatife of the Nobility: 3 it thofe of degree honourable, who are madeby pat= — [ ent, may be named onely by their Chriftian name, and | yy their title of honour, as John Earle of Clare, and thay Jor two canfes; firft, becaufe of their folemne creati« ops, itis notorious, ( et omen dicitur a elds ) Se- }ondly, there is bur ote of that title of honour within England, and theref6re it is certaine what perfon he is, jut otherwife of Knights, as itis certainely knownein | nn 8, Edw.4. 24. a. Ty 7 { And Prifcor Chiefé Jultice faith in 32. H. 6. fol,463 | that ifan Efquire be madéa Knight, heeloleth hig jame of Efquire; but albeica Knight may be made a Noblemian, or of any high degree, he ftill retainech che name of Knight, and fo ought to be ftiled in the making ofall Writs, See Mulless fol, 81. | gens | Alfe; ifa man do recover in an action by the name of Tobn Stites Efquire,and afterwards Hie is made a Knight; ne mult fue out his Scire facias by the name of Knight; Wide Long. anno 5. Ed: 4. fol.t9. a | Ad this name fhall hordye with him, for if hee | were bound by an Obligation by thename of Gentles | | fan or Efquire, and afterwards is made Knight and dy= th, the Plaintiffe inthe Action to be brought againit his Execuitors muft name him Kuight, otherwifé thé Writ (hall abate, Vide anno 7. H, 4.9.6.0 26: Eds 3a) fol. 64. 4. : vee : meee: A | Thousas Ornoud Was attainted by Parliament by the name of Thonas Ormond Knight, whereas hee wasno Knight, he fhall not forfeit any thing by that attdinder,, becan it cannot be intended the fame perfon 5 for this |word Knight is parcell of his igi 21, B, 4. fol. gr ah y. — Se a - — “ » f ] fj i é lie . : ~~ i (A Treatife of the Nolélity, IfaGrarit be made to H.Knigfit,when he is no knight isi2 void Grant : But if it bea Feofinent in Fee with jj vety of {eifin,the livery ic maketh gapd VideBroek titw lor Grants,$0.Anno QiFL6 Sa Pa ak a | . ” Tf the Plaintiffe or Demandant do in bis Vrie namt thé Defendant or Tenant Efquire when he is.a Knight, the Writ fhall not only abate, but alfo the Plaintifte o:: Demandant may not have another writ by Jouraier acs) count. Finches book 5 9.Uide Cooks b.part.de les Reparts 1, b- But by the ftatute Anno 1.Ed,6.cap.7.1t is amongtt o. ther thingsEna¢ted,that albeitany perion or perfons be- ing Jultices of Affife, Jultices of Goal delivery,or Juftis ces of the Peace within any of the Kings Dominions, or} being in anyother of che Kings Commiffions whatfoes: ver fhall fortune to be made or created, Duke, Arch-Bi-} fhop,Ear!, AZarquefle, Vifcount, Baron, Bifhop, Kn‘ghr, Jultice of the one Bench or on rhe other, or Sergeant at 3Law,or Sheriffe ? yet norwichftanding,he and they fhall / > remain Jultices and Commiffioners,and have ful! power | _ and Authority to execute the fame in like manner and | _ Form; as he or chey might or ought to have done be- | | fore the fame. , _ . “By the ftatnte ef Anno 5. H.5.cap.5, Xt 1s enacted ag followeth, That every Writ originali ofaccounts perio. | | mallappeaisy and. Ind étments thall be made with the _ addition of their Eftacesand Degrees, &c,and a little afs | keritis provided, That if the faid Writs of accornts, | _ perforiall be not according as the record aad deed by ch). \ urplufage of che additions aforefaid, that for this caute } ) they.are nor, — og ) Jehna Stile Gent. is bound by obligation to one 4. B. )) she Obliger ts afterwards made Knight,the Eondis sup i} | feired,y 4 | Pape saree ee een AT reatife of the Nobility, == +163 -ed,.4,B, by his Attorney draweth a noteortitlefor originall Writ, according to the defendants degree, ~*~ | pugh it vary from che poe te cic asitoughtto =— made by the ftature: Buc che Curfitor miftaking did | ke che originall only according to fuch addition, as — s fpecified in the Obligation, omitting his degree of — snity,and the Entry of Capias alias & plures, was ac- ding tothe faid originall ;_ but in the Exigent and clamation,and in the Entry of it, the Defendant was ned according to his degree of Dignity, upena Writ Errour, alter judgment,doubre was,if this might be a- _ ined in another Court, then where the originall was ide ; and at laft,it was refolved by alithe Court, thac : Record fhould be amended» by the Curficor , and: de according tothe Note or Title delivered unto 1 by tne Piaintiffes Attorney,( 00k 8.part folt 5.6. It appeareth in our Beok of Law, that the higheft Jloweft Dignizy are uniuerfall;.For as ifa King ofa ‘reign Nation come into England by leave of the ag of this Realm(asit oughitoabe)inthiscafehefhall - | | and be fued.in the name ofa King, 11. Ed. 3. Tef., | ‘ccon.4.7 3.80 {hall he fue or be {ued by the Name of aye vil ight, wherfoever he received that degree ot Dignity Ed.4 6,H.6.14.but otherwife it is,as if a Duke,;Mar~ iffe,Eari.or other Title of Honour given by any For- in King ; yea though the King by Letrers Pattents of sconduct, do name himDuke,or by any orher his fors in Title of Dignity - For experience fheweth, that 1gs yoyned in league together. (by a certain mutually -as It were a Naturall power of Monarchs, according —_, he Law of Nations) have denized one anothers fub- sand Ambafladors, graced with this ttle of scree. | uae BSrgae ns So le ae, i * ee Po ee fF Yey ey ; pa fl A Treatsfe of the Nobriity. a Thérefore though a Knighit receive his Dighiciet Forraigne Prince, heis fo to be ftiled in all Legall p ceedings within England, Vide Cooke, 7. part. fol. 16 And Kings were wont to fend their fonnes tott Neighbour Princes, to receive Knighthood at th hands, Vide Selden; fol. 331. & 308. thinking tha, was more honourable ro take Armes of fome other, | affection might feeme to prevent judgemerw, when father gave them that honour, | Thus was our King H. 2. fent unto David Kine ‘Scots, anid Malconsbe alfo king there; fent unto our, 2.and our king to the king of Cafile, rotake of th “Military or Civill Armes, for the cearmes and phr: they ufed in that age for the making ofa knighr, 7| Lamdent 74.8. vide Selden; fol.215. | _ And knights in all forraisne Countries have e place and precedéncie according ag they are anci Knights, which priviledge is deemed to Noblemen, be’ they never {0 ancient in forraigce Countries, tt ‘agtl goe before as Puefheys, | wThe degree of knighthood is not onely a Digni )) = ..4and honour to the party, for foitis termed in Broo title Additions, fol, a4. but horiourable for the kit dome ; and therefore it hach been an’ ancien: Prero; tive of the kings of this Realm,at their pleafure to co: _ pell men of worth totake upon them this degree up the payment of a Fine, as appeareth in 4a2.7. H.64 Pitzh, Abridg, tit, Im.1. and by che Statute, 4.1, J a. de militibus, But we fee by experience in thefe dai: that none are compelled thereunto, and that is che re fon ; wherefore if the Plaintiffe bemade knight har ing the Writ it dhall abate, becaufe he hath changed] | nal ~ ae. Treatifeofthe Nobility. i a oe me, and. that by his owne act, Vide (coke 7.part f.oJ, + | att io,b,1>E4.6.cap7.comtraty, = 4 And for that caufe alfo by the common Law.net only — i:king, but every Lord ofa Manor ought to haye of Bery of his tenants a reafonable fine to make his eldeft Bknight, Vide Bratton, fol.36. b, and all landsare fub- ift co thefe aides, except onely ancient Demeatnes,and nd and petty ferjeantly tenures,as the Law hath beea ftiently delivered, Vide Fiszh.Nat. bre. f. 83.4. and Wer, f.1 3. whereat is alfo faid, one that wrote a little © er the Rature of We/?, the firft allowes as a good barre Hthe avowry for the cenant to piead, that the father infelfis nd knight, fo that one hot knighted cannot ime the aide of his own Tenants, Briton de Prifesde FEI'S, : . #nd it was not at the liberty of the Lord to make more Wleffe Of his Tenants, by the common Law in this cafe. t by che ftatute at Weffasinfhérs 1. cap.35. itis put in- icertainty, viz. forafmuch as before this time reafon- |e and co make one fon knight,or to marry his dai | was never put into certainty, nor how much fhduld taken at that time, whereby fome levyed unreafona- , : aide, and more often then feemed neceffary wheres — ‘the people were fore grieved. ee And ic is therefore provided, that from henceforth a iole knights fee be taken but 20.s. and of more,more, 1 of Jeffe, leffe,2 fter that rate,and chat none fhall levie haide to make his {on knight, untill the fonne be x 5. ates of age, nor to marry his daughter untill fhe be the age of 7. yeares, and of that there fhall be menti- ‘made in the Bs Writs; formed on the fame if any € will demand it , andif ic happen that the ree ake Pie trees ree aie re age - : eet ms BY {3 > = Bae BY * demands; yer he thall have che aid to make his ele} rT Ne ae eae ah eT es ne ee ee 4 Treatife of the Nobility. — after he had leavied any fich aid of his Tenants, did | fore he hatch marryed his Daughter,che Executors of Father fhall be bound co the daughter, for fo muchas. Father received for the Aid.And 1f the Fathers good not fufficient,his heir fhall be charged therwith unto. daughter, and this Heir is fo incident,that although | Lord do confirm unto the Yesazr to hold by fealty } certain Renc, and releafe unto himall other tervices | Son Knight, Amo 40.£.3.f.22. Finches book 24. but King was not bound by the ftarure beforementioned, ceaufe the King was not named in that ftatute,and ther! | ‘by the Rature 25. £. 3. cg 11. The Kings aids w} pream Judge of Chivalry,bath dubbed fim Knight.he brought to a like value, Selden fol.3.30. The intention of the Law, is, that an heir within » age of 21.years is nor able to do Knight-fervice, cill fullage of 2 :,years, Littleton lib,2.cap 4.f.22, | But fuch 2 prefumption cf Law doth give place tj judgment and proof to the contraty,as Bratton faith., bilijur pre{wmprtioni donec probetur in contrarium, | “And therfore the King whois the Sovereign and‘ this hath judgédhim able to do him Kn'ght-fervice, < all. men concluded not to fay to the contrary,& therfi fnch an heir being made Knight, either inthe life of } Farher,or afterwards during his minority,fhall be ou Ward and cuftody, both for Lands, and for his body, tharriage,by the ancierit common Law; by reafona} that the Honour of Knight-hood is {0 great,thac it isi} to be holden under by any-yer if rhe King do create ¢ fuch an Heir within Age; aDuke,or Marqueffe , E; Count, Vifcount,or Baron,by this hie fhall be out of wi A Treavife of the Notiltty, ag bi Wirta,Cap,3 [ta tamen quod fi ipfe dum ivfra atatem fuen ( ‘fiat miles nibil ominus terra remdaneat in cuftodia dee. (iorars fuornm.So that although fuch an heir within age imadea Knight , and therby to this purpofe is eftee- fd of full age ; yer the Laws {hall remain ia the cuftos tof the Lord ull his age of 21. years by the provifion the fuid Act, Ouere, if the fon and heir of the Tenant che King by Knight-fervice, &c. be made Knightim Iris by the King of France ? whether he fhall be ouvof iirdfhip after the death ofhis Father or no, for therby lis 2 Knight in England,Cosk;7 para.2. E.4.f0.b.tamen lle Cooks 6.par.74,,0.Mention is only made ofKnights; ide by the King himfelf,or by his Lieutenants in /ree | ae : Lon uc when the King doth makean heir apparent withs age of a Tenant by Knights fervice, a Knight iat rhe i: time of bas Anceftor,and after the deagh of his An» ft of ward,and fhall pay no value for his marriage,nci > ‘lar Shall che Lord have the cuftody of the Land; forin’” ut cafe by the making of him Knight ifthe life of hier inceltor,he is made of ful age-fo thac when hisAnceftor — leth, no Intereft inthe body nor in the Land fhallin- \fullage , and in this cafethe King fhall have primer . iingas if he hed bin 21, years old at the time of thede-— tafe of his Anceftor,and not otherwile,Cooks 8 part, fel. iit. a. for the ftarute of ALagna Charta doth nat extend ito it,Fer the purpofe of it doth extend only when igs . a | achuagie es i Boras a \cuftody, both for his Land and for hus body, vide ae § And therfore it. is provided by the flamnte of Afagua - 4 | tor, the faid heir being within age,fhall im this cache D) (@,bucthe Knight may tender his livery, as if he were: ~*~ | ie ii f q i i ai if | i) st Og ‘A Treatife of the Nobslity. | Heir is in ward, iafra etatem is made Kaight,then n neat terra in Cfredia.Buc when the Heir is in ward, ji ing Koight in the life of his Anceltor, then the Cull} cannot remain orcentinue, which hid acver any i. ption or effence. Ce aya eg | Alfo when the Heir after the’ death of his Ancef | within age is madea Kuight, if after tender madet, him.he within Age dorh marry elfe-where ; yet he f not pay the Forfeiture of his Marriage: For by the 1) king of him Kzighr,he is ont of ward and cuftody of } Lord ; for rhemhe ought to be fui jurz,and may imp: himielf in Feats of Arms for defence of ths Realna, :} therfore may nat be within the Cuftody or keeping} another,but none {hall pay any Forfeitute,buc when } ter refufall he doth marry him(elf during the time w!| he is under the Cuftody or keeping of his Lord. - And this doth appear by the ftature of AZerton,"c 6. Simaritavertt fine licentia Domini (ui ut. cb anfer Miaritagium: faum,oc.Which Words cannot be unde food, when he. is out of Ward and Cuttody, ‘no mc chen when he is married after his age of one and twe ot &> Note , hereby may appear thac the King may pr rene his Grant or other Lords of the double value | Kuighthod ; yet infuch a Cafe prefently after the He is made Knight,after the Death of his Anceftour, tl Lord may havea Writ de walore Afarigii, forthe fing Cooks 6.part 74.and 75,and note Plowden f.267. A Treatife of the Ailfo by the ancient Common-law of this Realm,if a jllain be be made a Knight, he ts immediatly enfran- inchized, Olanvile lib. 5. cap.5 .f.37.and Bratton,lib.g, fergs.b; bie BOL SAS ‘ifa Ribauld or man of bale Birth and Condition had Ueales, | © But in France ‘it was judged antiently ,. that when a td ofa villain had Knighted. his villain , being a Pntleman,he became Free,and had the Honor Iawfully, :if another Lord had Knighted him, nothing had bira poughr by ic: For none could mannue him, but the ltd, and till Mannumiffion or till Knighthood had ci- it Freedome for his ground, he was not capable of it, ‘ept by the King only, vide Seldens Titles of Honout; 948. cB Aiea 4 Ic was enacted in Parliament, Anno 6. Ioh. Regis in " verba,Rex vicecom. Ge. Sciatis quod con(enfunt, eff kts affen(e Archieporum,Comit.Baroninm. G omnium Se ' icken a Knight he fhould by the ancient Laws have- {it his hand wherwith he offended, Brittez19. inhig” ium urum Angl.quod Novem milites per toram Angl,\» ° hentent decimum militem bene parattome quis Armis, idefenfionem Regni noffri vide Cook, before his ninth ok.é SEC " iT here hath evet bin and (till is great ufe of the fervice iTuftice,as ina Writ of right,which js the highelt wric he law, for the trials of titles touching the inhericance lands,the Tenant is ac election to have his tryall by a nd affize,or elfé by bartle, if by the great affize, then # de magia affiza Elegenda fall be taken ont. And ee ge ae ae \ Je ix fae aly | ‘nights,even in civil affairs,and concerning matters ~ 170 0—ltiC A Treatife of the Nobility, "a upon the return of that Writ chole Your Knighas no: ~ Mated,mutt appear Gladits cinttes Dyer, 79.f.103. « If che Tenanc make his election by Bartle, each f ties are tochoofe their Champions, and the Court fl award the Battle, and the:Champions fhall beam prife,and {worn co perform the Battle at a certain day the Term,and idem: dies fhall be givento. the parties, ‘which day and place, a Lift hall be made in an even, plain ground,their Squadranc,that is to fay, every {qu G6o.foot,Eatt, Welt, North, and South,. and the place Contt for the Juftices ofthe Common Pleas withe and upon. the Lifts furnifhed with the fame Clot which belong to their Conrt at We/tataffer, and a Bs there fhall be made for the Sergeants at Law , and Robes of the Jultices and, Sergeants {hall be of Scar with their Coifes,as it was Auno14.E/zx. and then \ madeProclamatiox withthreeO.yes,gcc.and the Dem dant was firlt folemnly demanded , and did not appe Whernpon the Mainpzife.of the Champion was dem. ded''to bring forth che Champion of the Demande wo came to the place .apparelled.with red Sand upon his black Armour... bare legged from the ki '. \ downwards,and bare headed, .and bare Arms to the ” Bowes, being brought.in by a Knight, nam.ly b — Lereme Bowes,whocarryed a Red Batton of an Elle type with horn,and.a Yeoman carrying the Target m tfdouble Leather ,; and they were broughtinat North fide of the Lifts, and went about the fides of Lifts,and then cam? towards the Bar before the Jufti withtheir folemn Congies, and there was he mad: fiay onthe Sonthfide of the place, being the right fd the Court. ‘ ging ats | Ve ; % A se Nad alate irae os pei lan Sac a a ae i ard — : — ATheatifeoftheBarens, tg Andafter that the other Champion was brought in like manner at the South- fide of the lifts with like — Ongies, b y the hands of Sir Henry Cheney, Knight, — ar d was placed on the Northfide of the Barre, and two Serjzants, being of the counfell of e2ch party, in the midi betweene them 3 this done the Demandant jwas folemnly called againe , andappearednor, bué made default, Burhan Serjeant forthe Tennant pray- id che Courttorecord the non-finite, quod fattum futt ; < Hind then Dyer chicfe Euftice reciting the Writ and #ount and iffue joyned upon the batraile , and the nath of the Champion to performe it, and the prefixi- ion of his day and place, did give Iudgement againft ithe Demandante, and thatth: Tennant fhould have the Wand tohim, and tohisheiresforever. | i} And the Demandant, and his pledges , de profequenda te wsiferecordia Regine, and afterwards folemine Pros alamation was made,that the Champions,and all other there prefent, which were by eftimation four thonfand der fons,might depart in the peace of God, &the Queen, it fic feternnt magna clamore,vidatRecina,v1d.1y.3. i Alfo if falfe Iudgement Dee giveiin the county in\y ee Shériffes Cobre, then the Writ fall be directed yjnto. the fame Sheriffe | and the wit thalf bec aus, viz. Henricus Ge, vic’ Linccl’ jalsum fi po: adfec’ tine inpleno Comitat, rHarecordari far loguars yy ae Of im codem Comitaty tito per bre’ pofirt ae reli ister lobaniiem @ pretend GW .B, tenent’ de vad me/e ieagio Gecentum acres terre cum pertinend’ in Com Wade idem lo tacqneritur ? falfam [ibs fatinm fuiffe In~ \quciuminesdem cr recordoillud litter coram Inftic’ afiris apud We/ti’ tals die [ub figille tuo,et legales mi- | iene Leaaaaaialiass ae e ee ee tay: Bi) ll Fs tn BR ati So aR aha i lam NTS Makati Ait oh ae lal econ ii Be Sa q an Be SURE Ae Se Cee ERR 5) He eee cnt OR RE Gy cw On a ee ge ; ry «A Treasife of the Barons, bites ejufdemn Com’ & ills quivecora’ ills interfere & fom’ per bonos fomonon pred’ B. qaodirine et ii as : dituyarécordum slhud et habeas ibi fun’ nofiraguarn - milizum et hoc bré Fitz,H. Nata’ et bid, and the fonte muftbe Knights indeed. | Alfo the Jultices upon confideration of thenfa: 1 ———s Wordsin every Writ of Venire facias, Which by pre i pimus tibi guod ventre facras Coram, oc. 1 2.tam mili quamalios liberos et legates homines, &e.Say that the ) —s words, ta milites were notat the fir put into t |) Writ without effeé&. P Zowden, fol.1 17.6, For it {eet vg eth that in dichus il’ , fome Knights were return it uponevery Ventre facias, By the Statute of Afag yy (bares, cap.12. It isordained, that Affizes of WV vell difeifin, and Mort, Dancefter fhould nor bet ken any where, but within the Comnties where th | happet. | ees he uy If a Tennant doc lay an efloyné, de malo fects, > may have a Writ out of the Chanecry , to warrant _ by which it fhallbee commanded to foure Knights _ {view him, and if they fee him ficke, then they are | give himday tothe end of a yeare, and a day, Fixe: “bookte$,. 5, ri0te the Regilter,fol.1 17,4, gued coree ¥%r inow oblizarur nile ft tiles, Ge. juxta fornam | / tut Weftm. 1.cap.10.e> Stamfpords pleas,fol.40, ~..¢ Itisa received opinion, that Knights dfe execu; from attendance at Leeis, Britton, 29, and 36. isc xo proveit; and by a large underftanding of the tent. and meaning of the Statute of cWar/br.cap.| For the ancient Common-law hath {uch ref{pe& a! the degree of knight-hood , that they. or their eld fonne ~vere net compelladle to find pledges in cae ie | 8¢d5 Aid to that fle , wide Finches Booke » £02.13). | 4. anid Bro, rit. fol. 39. and to the booke called the Mitrour of Lultice, thentioned inthe Preface to Cooks dnd intetpretation practica, a ptinciple way and forme - OF interpretation of Lawes. 7 -oiinty not knowing of the felony doth receive hing etis acceilaty , 13. 14, Eliz, Dyer, 33$- 4, 2 Alfowhen the King doth flimmoitra. !i5 Doe \ ent, Writs thall bee fent to the Sheriffe, to make Gice of Knights for every fhire ; inthis forme, Rex IS ec. faltim quia mar: sofiri Confilsi pro quibufdam AYAUIS CO sr CERF: WS négorits nos ffatum et defenfionem reg ni nofirs Ane ‘ @@& Ecclefie Anglicana concernen guoddam Pare Neenturs noftrum aped civiratem spel Wefm..2, 'Y Novembr. prox” futur’ teueri oF tHAVEHNS ef Ibi» a prefatis magnatibesProceribus dom regni noffri Neguiuns habere cf syatlare cibi precipingns fir miter i ane, N3 oa die ) | yf ATreatifeof ¢ Barons. | iajnngentis quod fatta proclamatione in. proximo t#o pot receptionem hujus litterts noftris tenen? die & loco praditt’ duos. milites gladiss cinétis magus ido- mcos, & aifcrer com pradil’, oe. & eletlionem illame CF aoe EB +, diftintte E> aperte fub figillotuo, ec {ub figillis eorum qui elettions: ills interfuerint nobis in ( ancellaria noftra, e locum certifices indilate; Cromptons Courts, 1,b. _ wide Stat. de An. 23. H. 6, cap. 15. Whereamong{t other things it is enacted that the Knights of the Shires for Parliaments, hereafter to bee chofen fhall bee naturall Knights of the fame County, for ne which they {hall bee fo chofen, or otherwifefuch na- turall E{quiers or Gentlemen being of the fame Couns ty as fhal bee able to bec Knights; vide Plowden, fol. Peeres are by intendment of Law, fufficient of Frechold, and that is one of the reafons, whereof ne eapias or exigent ly &hagainit him for debt or trefpas 4ae the Law hath not that opinion of the Knight / fofficiency of Freehold , for hee may bee a Knigh' Sans terres therefore 26. H, 8, 7.4. Brooke Exigen “72. and then hee is to bee returned of any jury @. - inqueft, howfoever hee may bee worthy, and fa ficient to ferve the Common-wealth in Marthalla faires. | wer ‘ ~The wives and widdowes of Knights in leg: proceedings and in Courts of Tuftice have not i titles of Ladiesas the wives or widdowes of Nobl/ nen have, but that title by the curtcous fpeech : England. | 4 And ifinany ation they be rot called Ladies, | Ne ee At OA we 5 A Treatife of the Baws, “that canfe, the writ thall not abate for that {urplufage, © | Anno 8, H. 6, 10, becaufe Domine is gencrally as men Domini, fo women after 14, yeares of age called Domina, Ladies or Dames, and which wereantiently Mavigeable women were called Domine, and by our ‘Englifo Pocts, Dames; Firft, Domina is often for wo- ‘men generally, as fpeciall Honour for that fex, not being out of ufe withus at this day, nor withthe | ) French; as alfo amongft the Italians, Domine forthem his familiar,vide Se/dess title of Honour, 1. part fol, 53. }But if fhee bee named Counteffe or Baroneffe fhall gabate the writ 14. H, 6. 2. And Cookes 6, part, des reports, 53.6. : ra A _. Bythe ftatute of Magna chart4, cap. 21. Knights jare free from cart taking, that no Demeafhe cart of them fhall bee taken. . chk . By the ftatute of 1. Jas. cap, 27. It feemeth, that Knights may keepe Greyhounds, and fetting Dogges, jor Nets to take Pheafants or Partridges in; though Ehey cannot difpence 10. ]. per asnum nor bee worth jroo. 1, For the expreffe words of that ftatute are, thay the Sons of Knights are excepted. detain — Obfervations concerning a Knight { | Batchelour. ed || Knight Batchelour cannot claime the priviledge, { Mthat Knights have from cart-taking, by AZagna Marta, cap. 21, Pe MeN, -AKnight Batchelours Sonne cannot keepe a Grey- ve «cae Berg ~ hound Sasas Wifi el an Mi ale hs \ We ae ane aaa 4 St houhd, becanfe hee is not within the ftatute of, ” 1. Tac, cap. 27. unleffe hee have 10. Ll. Lands, &c. Quere, whether the Knight Batchelours addition, - doe abate any action, &c, EOL o Ss cae ie em Igone bee Knighted in the life time of his Father, it freeshim of wardfhip, but ¢contrario of aKnight: Batchelonr. The | “tty Knights are excufed from attendance at Leets, but fo are not Knights Batchelours., Bayt q $f ya Of Efquires. . fF ® Lthough by the Civill Law, there bee no Gene tlemen of title, under Knights, but all the reft went under the name of people, yet with us, there are in the ranke who havée names of preheminence, whereby they are in degree above the re(ts as Ef- quie(s and Gentlemen, all which give enfignes or coates of arms, and thereby are diltingy:thed from “dae meaner fort of people, in which refpect ( Bartol. | Tratt, de Infignis-) calleth Noble, but of a weake No- bitty; ror 1hath no further prerogative init, then that it makes them differ from the bafer fort of peo- ov : vibe oa -* OF thefe two fort of Gentlemen, with us, th Efquire hath the Prerogative priority, but it feemes ifan Efquire bee named Gentleman, or a Gentlemat bee named E/quirc,it is no vice in legall proceedings Brooke additions, 44. 7 Elquire feemeth by the Common name, Lang, 3 : A ¥ ee ir (A Treatife of the Barons, _himin Latine, to have had his originall , cither that hee earried the armour of the King, Duke, oro ther great perfonage, as wee fee not onely in dy ) Scriptures, as Sas/ and fonathan had their armous ~ bearers , but‘in Poets and other Prophane ftories, Patroclus was Achilles his armour bearer, and Clitm | | great Alexanders, whereupon fome write, that hee, —| whom wee call emiger in Latine, is a Foot-mar | that with a fpeare, fhicid, or head peece followetl. | an armed Knightin battaile, or rather as fome other. i fuppofe; It-is the Foot-man himfelfe armed in the fields but howfoever the word bee taken, this is {ure, thofe men were of good accompt in old time, a, thofe who wonne themfelves credit out of warre, and fo their eftimation remained unto their pofteri. ty; And as thofe were in time before, fo are thefe, which are in our dayes, as defcending for the moft. part from their worthy Anceftours; and our bookes of the Common Law doe diftinguith them chus, thar lis to fay, . ee Knight-hood. is a dignity, but Efquires and Gen \tlemen are but names of worlhip, 4%. 14. Hf. ¢, |And Brooke in his Abridgement in that cafe, Tit nofmer® de dignity, 33- faith,tobeca Knight 9 Copbatyleuned dee an Efquire or Gentleman ef Status. For Grae ° tes eontinet Statum infe, co non econtrari, videThes \ dal. O5. COncerning this word (worfhipfull, ) read__ 7) athe printed booke, Matter Seddens title of honour, Prine pars fol. 124. & fequentia. J 4 a te : 2 W | é | Intime paft, every Knight had two of thefe wai- ing upon him, they carried his morion and fhield, Wand as infeperable Companions, they ftuck aa to Bere orm G nag te (| ep .: ATreatifeof the Baroiise ' Be || him becanfe of the {aid Knight their Lord, they had | certaine lands in efcuage, like as had the Knight him- | felfe, who held them of the King by Knights fer- wice. a aig . The beginning of armes in Ezrope amongft Chri- {tians is fappofed from the Loly warres, for the Turke- “paint them not, and fo with us about H. 3, They be- - game more hereditarily eftablifhed, and when the Prince enabled any, hee gaye them the particuler of his bearing in Blafon, Matter Se/d 2 in his Preface ~~. fol..5. where you may,alfo fee an example in the ~ Raigncot f. 2. se : ‘But now adayes. there are five diftin&t. forts of thefe,for thofe whom I have {pokenalready, bee now no more in any requeft, the principall E{quires at this day,are accompted thofe, that are ele@ted Efquires for the Princes body. The next unto them be Knights ~ eldeft Sonnes fucceffively ; In a third. place are repu- ted younger Sonnes of the eldeft Sonnes of Barons, and'‘ofother Nobles of higher. eftate; and whenfuch Heires Males failes, together with them alfo th \‘gitle faileth. . “ 3 Set Vin _/<.. Ina fovtthrtanke are reckoned thofe, unto whom ‘ the King himfelfe together with the title giveth armes, or createth Efquires by uieaetece thei “ mecks afilver Collar of $,S, and in former, time: _ Wpon their heeles a paire of white {purres filvered whereupon at this day inthe Welt part of the King. dome, they arecalled white fpurres., and to the fil begotten Sonne onely of thefe doth this title be ed, Ae 3 te s0ng. i reine ies rg _ Ina fift and laft placebe thofe ranked , and taken fo _-Effquires, |... ATreatifeof the Baron. oT }Efquices, whobave any fuperiour publike officeinthe, — |Common-wealth, ot ferve the Prince in any worfhip- }full calling, at the Coronations of Kings and Queen sp Knights of the Bath are made men of worth, andho- |, nourable blood , to the end that their Majeftiesmay =) bee accompanied in their owne honours » every o | which Knight having two Gentlemen to attendhimin, | jthat Ceremonic, who. are ever after enabled by that, = | fervice to be Efquires during their lives. ie oe S| | Bat this name of Efquire, which in ancient time. ‘was a name of charge and office only, firft crepri - > Me wee AS WE : : vn ; 7 nlike courage and tokens of eS eae es Pera = 5 ge eas Bae RGR Bates es «i bets etter education ; higher ftomacke , and bountifuller 4 bie Ss - 4 ‘ yaa Ue aaa x Leek, kas . : ee Ue a: | iberality then others,and Keepe about him idle fervants, =| Iwho fhall doe nothing but waite upon him, fotharno | ‘nan hath hurt by it,but himfelf,whohereby(perchance) Iwill beare a bigger fayle,then he is wel ableto maintain, For as touching the. policy and government of the — ‘Common- wealth , it is not thofethat have to doe with — it, which will magnificthemfelves, and goe in higher Buskins then their eftate , but they who are tobe ap= pointed, are perfonstryedand wellknowne. .., | | | In25. Euix,thecalewas, that whereasitisrequie | redby the Statutes of 1. H.5.cap.§. That in every writ ofiginall, 8c, in which an exigent fhall be awat ie ded, that additions fhould bee given porta. a x ie | dant of their eflate, and degree, &c. and thecafe was that one was ayeoman by hisbirth, and yet common) lycalledandreputeda Gentleman; andyectit wasad~ — | judged, thata writ may bee brought againt him with _ theaddition of Gentleman: For fomuchastheinten=- —§ | tion of the act, isco have fuch a name given, by which» |” hee may be knowne, this is {ufficient to fatisfiethe law, | andthe act of Parliainent: For women aicituranofe | cendo,quia natitiam facit,Cook.6.part.65.and 67.45 lie Butif a Gentleman bee {ued ‘by addition of Hus, | -ybandman he may fay hee isa Gentleman , and de and, i: Indgement of the Writ ithont ‘Laying Gather “4 |) he t bandaan:) For a Gentleman thay be a busbandman, but hee fhall be fued by his addition moft worthy, An, | 14.H,6.4.15. For aGentleman of what eftate foc—) & ver hecbe, although hee goe to plough, and by Come : mon Law , thoughhe have nothingin his purfss yeq, whe q ioe 5 {] i i 1 & “984- AT reatifeofthe Barons, | _ 4saGentleman, and thall not be named inlegall pros ae. pe PEy Lébonrer Long, 5.E.4 33.14. H.6. fol.is (a. Dyer, re Maa 3 pee Af a Gentleman bee boundan aprentice to a Mer-) _ chant, or elfe, &¢. he hath not thereby loft his degree” of Gentry, E/topell 47. t But if a Recovery be had againlt a Gentleman by the © | Mame of yeoman, tn which cale no addition is nécef{a- , ry, then it is no érrout, Brooke Crow 83. addition $85) 50 If ary deed or obligation be made unto him by ché ‘ name of yeoman, - ee If a Capias goe againft 4.2%. yeomati, and if the | Sheriff: take A.B. Geitleman, an attion of falfeim- — prifoninent lyeth againtt the Sheriffe, vide A7.21,£,4, fol. 71.6, . , ot ae | Bur if a yeoman be indi@ed: and 4.8. Gentlerian © ree the fame man bee produced it is good, Kelway — +) Gentlewomen have the (ame additions, — oN vide Dyer, 88. - - i) [i onebe a Gentleman by office, and loofeth his of — | SLfice, then hé doth alfo lofe his gentility, 28. 7.6.2. — I) Phopel-ers id“ weabinis Ch agin ehi dae | By the Statute of 5, E/iz. cap.4, intituled an act _) souching divers orders for Artificers , Labouters, Ser-