Judge DODARIDGE, HIS Law of Nobility and Peerage WHEREIN THE ANTIQVITIES, TITLES, DEGREES, and Distinctions; Concerning the PEERS and NOBILITY of this Nation, are Excellently set forth. WITH The Knights, Esquires, Gentlemen, and Yeomen; and matters Incident to them, according to the Laws and Customs of ENGLAND.  
LONDON, Printed for L. Chapman, and are to be so his Shop next door to the Fountain-Taverne in the Strand, 1658.   

THE TABLE. The several Dignities, Degrees, and Titles, treated of in this discourse.  

IMprimis of the King. 1  
Of the Prince. 14  
Of Dukes, and their Patents. 36  
Of Marquesses. 58  
Of Earls and their original. 60  
Of Viscounts. 90  
Of Barons in general. 91  
The definition or description of a Baron. 92  
The Etymology and derivation of the word Baron. 94  
The antiquity of the dignity of Barons, and the sundry uses of the name. 95  
The tenor and proper signification of the word Baron. 99  
Of Barons by tenure. 99  
Of Barons by writ. 134  
Of Barons by Patent. 155  
Privileges incident to the Nobility according to the Law of England. 162  
Certain cases, wherein a Lord of the Parliament hath no privilege. 200  
Of Nobility and Lords in reputation only. 208  
Of Noble Women. 210  
Of Ladies in reputation. 234  
Of Knights, and matters incident to the degree of Knighthood according to the Law of England. 237  
Observations concerning a Knight-Batchelour. 277  
Of Esquires. 278  
The definition of Gentry or Civil Nobility. 285  
Of Yeomen. 288    

A Treatise concerning the Nobility, according to the Laws of ENGLAND.  
AS in man's body (for the preservation of the whole) divers Functions and Offices of Members are required; even so in all well-governed Commonwealths a distinction of persons is necessary. And the Policy of this Realm of England, for the maintenance and government of the Commonwealth of the same, hath made a threefold division of persons: That is to say;  
First, The King, or Sovereign Monarch; under which names, also a Sovereign Queen is comprised, as declared by the Statute thereof made in the first year of Queen Mary, Anno 5 Parl.  
Secondly, The Nobility, which do comprehend the Prince, Dukes, Marquesses, Earls, Viscounts, and Barons Spiritual and Temporal.  
Thirdly, The Commons, by which general words are understood Knights, Esquires, Gentlemen, Yeomen, Artificers, and Labourers: But my purpose at this time, being only to speak of the Nobility, and especially so much of them as I find written in the Books of the common Law, and Statutes of this Realm; This first I have observed, That our Law calleth none Noble, under the degree of a Baron, and not as men of foreign Countries do use to speak, with whom every man of Gentle Birth is counted Noble; for we daily see, that both Gentlemen and Knights do serve in the Parliament, as Members of the Commonalty, vide lambert's Justice of Peace, Lib. 4. Cap. 13. Neither do these words, the Nobles, the high or great men of the Realm, imply the Person and Majesty of the King, Dier. 155. But with the Civilians, the King is reckoned among his Nobles, Doct. Ridley, fol. 93.  
The Nobility are known by the general name of Peen of the Realm, or the Barony of England; for Dukes, Marquesses, and Earls, and all other of the Nobility do sit together in the King's great Council in Parliament, as Barons, and in right only of their Baronies. And therefore by the general names of Barons of this Realm, and for the Baronage thereof, we do understand the whole Body of the Nobility. The Parliament-Robes of Dukes differing nothing from the Barons, but they wear the Guards upon their shoulders three or four fold; for although Dukes, Marquesses, Earls, and Viscounts in their Creations are attired with Garments of Silk and Velvet, yet in the Parliament they use the same as Barons do, made with Scarlet, with divers differences of white Fur, set with Freinges or Edging on their shoulders: for there they sit by reason of their Baronies, and according to their dignity take their places, Thomas Mills, fol. 66.  
And hence it was, that those bloody Civil Wars, concerning the liberties granted by the great Charter, both in the time of King John, and H. 3, his son, persecuted by all the Nobility of this Realm (some few excepted) are called in our History, The Baron's Wars: Neither have the Spiritual Lords and Peers of the Parliament any other title to that preeminency, but because of their ancient Baronies: For although originally all the possessions of Bishops, Abbots, and Pryors, were given and holden in Franckalmayn, yet shortly after the Norman Conquest; most of their Tenors were altered, viz. per Baroniam, as appeareth by Matthew Paris, Anno 1070. 66, and of that Tenure have continued ever since, as you may read by the Consultations of Claringdon, in the Reign of Hen. 2. and in Glanvile and Bracton.  
But the Tenure of all Abbots and Pryors were extinguished by the uniting and conveying them to the Crown, by the Statute of dissolution of Monasteries, made Anno 31 Hen. 8. Cap. 13. And though the Nobility of England in Titles, and by certain Ceremonies may be distinguished, yet a Baron is in equipage, as unto Nobility and privileges incident to their dignities, with Dukes, Marquesses, Earls, Cooks 6. part 53. And it is in ordinary experience, That Dukes, and others of any high degree of Nobility, in cases criminal, are tried by Barons, together with many Earls and Viscounts, as their Peers, and Peers of the Realm.  
Nobilitas generally signifieth, and is derived of the word Nosco, to know, signifying in common phrase of speech, both with the Latins, and eke with us Englishmen, a generosity of Blood and Degree, and therefore one said, vir nobilis idem est quod notus & per omnia, etc. A Noble man is he who is known, and the Heroical virtues of his life, talked of in every man's mouth. But especially it is applied and used to express the reward of virtue in honourable measure, & generis claritatem.  
And this is not to be omitted, That the Law doth prohibit any Subject of this Realm to receive Titles of Honour or dignity of the gift or Donation of a Foreign Prince, or King, or Emperor; for it is a thing greatly touching the Majesty of the King and the State of his Kingdom Est jus Majestotis & inter insignia summae potestatis. It is the right of Majesty, and amongst the Ensigns of high power, vide Cook 7. part 25.6. And if that man sh●ll bring an action, and in the Writ is styled by such foreign title and name of Honour, the defendant may plead, in abatement of his Writ, That he is no Duke, marquis, Earl, or Baron; whereupon if the plaintiff or demandant take issue, this issue shall not be tried by Jury, but by Records of the Parliament, wherein he faileth.  
And if an English man be made Earl of the Empire, or of any other foreign Nation created into Honour, and the King also do make him into any Title of Honour in England, he shall now be named in all his judicial proceed, only by such name and title as he hath received from the King of this Realm, whose Subject he is: and if by the King of England he be not advanced to Title of Honour, then shall he bear the name of his Baptism only, and Surname, unless he be a Knight, 20 Ed. 4.6. Cook 7. part 16. a.  
A Duke of Spain, or of other foreign Nation cometh into England by the King's safe-Conduct, in which also the King doth style him Duke, according to his Creation; nevertheless in all proceed in the King's Courts, he shall not be styled by his name of dignity, Cook in the last Book before.  
And though the said Noble person be also by the King's Letters Patents, and by his foreign name and title of dignity made Denizen, for that is the right name, so called, because his legitimation is given unto him; for if you derive Denizen from Denizee, as one born within the Allegiance or Obedience of the King, than such a one should be all one with a natural born Subject, wherein a Denizen faileth in many things, or if they be naturalised also by the authority of Parliament, whereby he seemeth to be in all things made as a Subject born in England, yet he shall not be styled with his foreign title of dignity, Cooks 7 part 15. a.  
And so it is if a Noble man of France, etc. come into England as Ambassador, and here by lawful Marriage hath issue a son, the father dieth, the son is by birth a natural Englishman, yet he shall not bear the Title of Honour of his father; and the cause and reason hereof is, Because the title of his Nobility had his original by a French King, and not by any natural peration; which thing is well proved both by authority of Law, and experience in these days; for in the book last mentioned, in that leaf is resolved a more stranger case, that is, albeit that a Postnatus of Scotland or Ireland, who is in these days a natural Subject to the King of England, or any of his posterity, be he the heir of a Noble man of Scotland or of Ireland, yet he is none of the Nobility of England. But if that Allien or stranger born, or Scot be summoned by the King's Writ, to come unto his Parliament, and is therein styled by his foreign stile, or by other Title whereunto he is invested within England by the Kings grant, then from thenceforth he is a Peer of this Realm, and in all Judicial and legal proceed he ought to be so styled, and by no other name, 39 Ed. 3.36.  
And it was the case of Guilbert Humphreyvile, Earl of Angers in Scotland. For it appertaineth to the Royal prerogative of the King to call and to admit any Alien born, to have voice and place in his Parliament, at his Parliament at his pleasure, although it is put in practice very rarely and seldom time, and that for very great and weighty considerations of State: And if after such Parliamentary Summons of such a stranger born, question do arise, and the issue, whether he is of that title or no; it may well be tried by the Records, which is the only lawful trial in that case, Cooks 7. part 15. a 6 part 53.  
But there is a diversity worthy the observation (for the highest and lowest dignities are universal) and therefore a Knight, in all place soever he received his title of dignity, and so ought of right and by Law be named in the King's Courts, 26 Ed. 4.6.39. Ed. 3.36.  
Also if the Emperor, or the King of Denmark, or any other foreign King come into this Realm by safe-Conduct (as he ought) For a Monarch or an absolute Prince, though he be in League, cannot come into England without Licence and safe-Conduct of the King of England; but any subject to such foreign King in league may come into this Realm without Licence, Cook 7. part 21.6. In this c●se he shall sue and be sued by the name of Emperor or King, otherwise the writ shall abate. There is a notable precedent cited out of Fleta, where treating of the Jurisdiction of the King's Court of marshalsea, it is said, And these things he may lawfully do by Office (that is to say) the Steward of the King's Household, notwithstanding the liberty of any other, although in another Kingdom, where the offender may be found in the King's house, according to that which happened at Paris, held in the 14 year of Ed. 1. of one Engleam of Nogent, taken in the Household of the King of England (the King himself being then in Paris) with Silver dishes lately stolen, at which deed the King of France being present, and whereupon the Court of the King of France did claim cognizance of the plea concerning that theft, by Jurisdiction of the Court of Paris, the matter being diversely debated in the Council of the King of Fr●n●e; at length it was ordered that the King of England should use and enjoy that his Kingly prerogative of his Household, where being convicted by Sir Robert Fitz. John Knight, Steward of the King's Household of the theft, by consideration of the same Court, was hanged on the Gallows in St Germane fields, Cooks 7. part 15.6.  
And there (by the way) may also be noted from the reason in the recited Books alleged the person of a King in another King's Dominions is not absolutely privileged, but that he may be impleaded for debt or trespass, or condemned for Treason committed within the said Dominions; for it is a general Law of Nations, That in what place an offence is committed, according to the Law of that place they may be judged, without regard of any privilege; neither can a King in another Kingdom challenge any such prerogative of immunity from Laws, for a King out of his proper Kingdom hath no merum Imperium, absolute power, but only doth retain bonoris titulos & dignitatis, the Titles of Honour and Dignity, so that w●ere he hath offended in his own person against the King of the Nation where he is, per omnia distringitur etiam quo●d personam, he may be distrained even to his own person. And the same Law is of Ambassadors, ne occasio daretur delinquendi, lest occasion of offence be given, like as a sanctuary will save a man's life from manslaughter, but not when manslaughter is committed within the Sanctuary, for than he doth wilfully wave the benefit of all privileges and prerogatives, and nevertheless it bindeth firm, that Ambassadors are called Legates, because they are chosen as fit men out of many, and their persons be sacred both at home and abroad, so that no man injuriously may lay violent hands upon them without breach of the Law of Nations, and much less upon the person of a King in a strange Land.  
Bracton a Judge of this Realm in the Reign of King Hen. 3. in his first Book, 8 saith in effect as followeth:  
There is no respect of persons with God, because God is no accepter of persons; for as unto the Lord, he that is greater, is as the lesser, and he that doth govern, as the servant; but with men there is a difference of persons, viz. The King, and under him Dukes, Counts, Barons, Vavasors, and Knights; Counts so called, because they take their name from the County, or from the word society, who may also be termed conful, of Counselling; For Kings do associate such men unto them to govern the people of God, ordaining them into great honour, power, and name, when they do gird them with swords (that is to say) ringis gladiorum, with the Belts of their swords; ringis, so called * quasi renes girans & circundans, for that they compass the Reins of such, that they may keep them from incest and luxury, because luxurious and incestuous persons are abominable unto God; upon this cause were the stations and encamping of Arms, called in the ancient language of Rome castra, even of the word Castrare, to geld, since that they ought to be castrata vel castra. In that place ought a good General to foresee that Venus delights be as it were gelded, and cut off from the Army, vide Sir John Ferne his Book, entitled, The glory of generosity. The sword also doth signify the defence of the Kingdom and Country.  
There be other Potents under the King, which are called Barons (that is to say) robor belli, the strength of War. There be others which are called Vavasors, viri magnae dignitatis, men of great dignity; for Vavasor cannot better be said to be any thing, than Vas sortitum ad valetudinem, a vessel chosen for valour, or as men standing with their General ad valuas Regni: and this is enough, if not too much in general spoken of the Nobility of England; now follow I a more particular discourse of them according to their several degrees.  

The Prince.  
THe King's eldest Son and Heir apparent is styled Prince, Quasi primum locum capiens post Regem, the first next the King. To him it was permitted by the Statute of 24. Hen. 8. cap. 13. To wear Silk of the colour of Purple, and Cloth of Gold of Tissue in his apparel, or upon his horse; but by another Statute made in the fourth year of King James, Chap. 25. all Laws and Statutes concerning apparel are taken away; And by the Statute of 34. Hen. 3. cap. 2. Taking shall not be from henceforth made by others, then by the Purveyors of the King, of the Queen, and of the Prince their eldest Son, and that if any other man's Purveyor make such taking, it shall be done of them, as those which do without warrant, and the deed judged as a thing done against the peace, and the Law of the Land, and such as do not in manner aforesaid shall be duly punished.  
To eschew maintenance, and nourish peace and amity in all parts of the Realm; many Statutes have been made in the Reign of Hen. 4. prohibiting the giving of signs or Liveries to any but to their menials: Nevertheless, by the Statute of 2. Hen. 4. cap. 21. It is provided, that the Prince may give his honourable Liveries of signs to the Lords, or to his menial Gentlemen; and that the said Lords may wear the same, as they wear the King's Livery, and that the menials of the Prince may also wear the same, as the King's menials.  
But afterwards, by occasion of divers other Statutes of latter times made by sundry other Kings, for the suppressing of that enormity of maintenance, and of the general words in them, that privilege of the Prince was abridged, or rather taken away, therefore the Statute of 12. Ed. 4. was made as followeth.  
Item, Our Sovereign Lord the King considering, that the Prince the first begotten Son to the King of England, hath been at their liberties to give their Liveries, and signs at their pleasure, and that divers Statutes against givers and takers of Liveries and signs, as well in the time of his noble reign, as in the time of his progenitors and predecessors hath been made, and that by force of the said Statutes his dear beloved first begotten son Edward Prince of Wales, Duke of Cornwall, and Earl of Chester, is as well as any other person restrained to give any such Liveries and signs, as our Sovereign Lord the King; willing that his first begotten son the Prince be at his liberty in receiving any person, and giving his signs and Liveries in as large form as any Prince, first begotten son of any of his Noble Progenitors and predecessors in time past have been, hath ordained and established by authority of the said Parliament, that the Prince shall be at his liberty to retain and give his honourable Livery and sign at his pleasure, and that the persons so retained, or to whom such Liveries or signs be or shall be given, may be retained and received, and wear the same Livery and sign without trouble, impediment or impeachment, pain, contempt, or forfeiture, or any penalty contained in any of the said Statutes, or in any thing in them comprised notwithstanding: Nor that the said Statutes in any manner shall extend to any retaining to be made by the said Prince, in giving, taking, or retaining of any Livery or sign of the Prince.  
By the Statute 21. Hen. 8. cap. 13. The Prince may retain as many Chaplains as he will, though all others of the Nobility, other than those of the King's blood be restrained to a certain number, and they, or any of them may purchase, licence or dispensation, and take, receive, and keep personages, or benefices with cure of souls.  
By order of the common Law, a King might have a reasonable aid of all his Tenants, as well of those that did hold of his highness by Knight's service, as of those that did hold their Land in soccage.  
That is to make his eldest Son Knight, 
But first note that the aid is not to be recovered before the Son be of the age of 15. years, or before the Daughter accomplish the age of 7. years, Fitz Harbert Nat. brevium,  and for the Marriage of his eldest Daughter, and the sum of money was not in certainty, but at the King's pleasure, till by the Statute made in the 25. of Ed. 3. cap. 11. by which is enacted, as followeth.  
Item, It is assented that reasonable aid to make the King's first Son Knight, and to marry his eldest Daughter, shall be demanded and levied, after the form of the Statute thereof made, and not in other manner, that is to say, of every Knight's Fee, holden of the King without mean rate, 20 and no more, and of every 20 of Land, holden of the King without mean in soccage 20, and no more, and so rata pro rata of the Lands in soccage. And for Lands of the tenure of Chivalry, according to the quantity of the Fee.  
By another Statute, made in the said 25. year of Ed. 3. cap. 2. amongst other things it is declared, that to compass or imagine the death of the King's eldest Son and Heir, is crimen lasoe Majestatis, high treason, or if a man do violate the Wife of the King's eldest Son and Heir, it is high treason, and see the Statute 20. Hen. 8. cap. 13. And so was the ancient common Law of England, and not a new Law made by this Statute, Cooks 8. Part. 28.6. But this Statute is a manifestation and declaration, or publication of the ancient common Law in this Case.  
By a Statute made in the said 25. year of King Ed. 3. It is declared, because the people be in ambiguity, and doubt of the children born in the parts beyond the Sea, out of the King's Legiance of England, should be able to demand any inheritance, within the same Legiance or not. Whereof a Petition was put into the Parliament late holden at Westminster the 17. year of the reign of our Sovereign Lord the King assembled in this Parliament, and was not at the same time wholly assented. Our Sovereign Lord the King willing that all doubts and ambiguities should be put away, and the Law in this case declared, and put in a certainty, hath charged the said Prelates, Earls, Barons, and other wise men of his Council assembled in this Parliament, to deliberate upon this point, who with one assent hath said, That the Law of the Crown of England is, and always hath been such that Les Enfants du Roy, the children of the King of England in whatsoever part they be born, in England, or elsewhere, be able, and aught to bear the inheritance after the death of their Ancestors, which Law our Sovereign Lord the King, the said Prelates, Earls, Barons and other great men, and all the Commons assembled in this Parliament, do approve and affirm for ever.  
Note, These words in the Statute, Les Infants du Roy, have briefly set down, and in a vulgar manner, for loquendum ut vulgus, and not in form of exquisite pleading for sentiendum ut docti, and therefore aught to be understood largely, Cooks 7. part. 11.6. and as the Latin word liberi is with the Civilians, Bract. lib. 2. cap. 29. hath these words, Item descendit jus vero heredi ubicunque nat in fuerit, vel in utero matris, intra mare, vel ultra: Nec potest sibi aliquis facere beredem, quia solus Deus heredem facit. The right doth deseend unto the true Heir, wheresoever he shall be born in the Womb of his Mother on this side the Sea, or beyond, no man can make an Heir unto himself, because God only doth make the Heir, read the Statute, and Cook 7. part. 18. a. Where you shall see that though generally, the birthplace is observable, yet many times Legiance, and obedience without any place within the King's Dominions may make a Subject born, for though we see by experience almost in every Parliament, Ambassadors, Merchants, and the King's soldiers doth show there in such causes, to have their children naturalised, or made denixens; yet that doth proceed only of doubt, and needless scupulosity and ignorance of the Law; even as we see men that are doubtful, desire to be resolved, as may appear by sundry covenants in bargaining, more than necessary. And by renewing of Chartes, though there be no forfeitures; and by suing forth particular pardons, when a general is granted by Parliament, Priests, and Ministers see to the Parliament, for legitimation of their children.  
And in the Articles confirmed by Parliament, touching the marriage between Philip Prince of Spain, and Queen Mary, a special proviso was, to bar him from being Tenant by the courtesy of the Crown, in case he should have issue by her, and survive, which was superfluous; because the Common-Law would have denied this last point. See the Lord Cromwel's Speech in the case of the Postnatis, fol. 36.  
But note that if an Alien Enemy come into this Realm, and his Wife English, or stranger, be delivered of a child within England; this child notwithstanding his birthplace is an Alien born, for want of allegiance in the Parents, Ibidem.  
King Henry did create Edward his eldest Son the first Prince of Wales, and did give unto him the dignity and Dominion of it, to be holden of him and his Heirs, Kings of England; and after that time, the eldest son of the King of England hath been Prince of Wales, and as incident to the State and dignity of a Prince, and might make Laws and Statutes, and use jurisdiction and authority, as amply as any King of that Nation could do. 
Cooks 7. part. 21.6. Vide Mills, fol. 312.  Plowden. 126. For Wales was a Kingdom in ancient time. But in a Statute made in the 12. Ed. 1. Wales was united and incorporated into England, and made parcel of England in possession. And note in Tho. mills 112. the devise of the said King was to draw the Welshmen to acknowledge the King's eldest Son, Edward of Carnarvan to be their Prince.  
Also by another Statute made 27. Hen. 8. cap. 24. a general resumption of many liberties and franchises heretofore, taken or granted from the Crown, as the authority to pardon Treason, murder, manslaughter, and felony, power to make Justices in Oyre, Justices of assize, Justices of peace, Goal delivery, and such like; so that from thenceforth, the King's eldest Son, hath only the name and stile of Prince of Wales, but no other Jurisdiction then at the King's pleasure is permitted him, and granted by his Letters Patents, as by the tenor thereof following, made by King Henry the eight, to Edward his son, and heir apparent may appear.  
Henry, 
Ireland was before, 33. Hen. 8. a Lordship, and now is a Kingdom, and the King of England, was as absolute a Prince and Sovereign, when he was Lord of Ireland, as now when he is styled King of the same, Cooks 7. part.  By the grace of God King of England, and of France, Lord of Ireland, etc. To all Archbishops, Bishops, Abbots, Priors, Dukes, Earls, Barons, Justices, Viscounts, Governors, Ministers, and to all our Bailiffs, and faithful Subjects greeting, out of the excellency of Royal pre-eminence, like as the beams from the Sun, so doth inferior honour proceed; neither doth the integrity of Royal lustre, and brightness by the natural disposition of the light-affording light, feel any loss or detriment by such borrowed lights; yea, the Royal Sceptre is also much the more extolled, and the Royal Throne exalted, by how much more nobleness, preeminences, and honours, are under the power and command thereof.  
And this worthy consideration allureth, and induceth us with desire to the increase of the name and honour of our first begotten, and best beloved Son Edward, in whom we behold and see ourselves to be honoured, and our Royal House also, and our people subject to us, hoping by the grace of God (by conjecture taken, of his gracious future proceed) to be the more honourably strengthened, that we may with honour prevent, and with abundant grace prosecute him, who in reputation of us, is deemed the same person with us.  
Wherefore by the Council and consent of the Prelates, Dukes, Earls, Viscounts, and Barons of our Kingdom, being in our present Parliament, we have made and created, and by these presents, make and create him the said Edward Prince of Wales, and Earl of Chester, and to the same Edward we give and grant, and by this Charter have confirmed the Name, Style, Title, State, Dignity, and the honour of the said Principality, that he may therein in governing, rule, and in ruling, direct, and defend. We by a Garland upon his head, by a Ring of Gold upon his Finger, and a Verge of Gold, have according to the manner invested him to have, and to hold to him, and to his Heirs the Kings of England for ever.  
Wherefore we will and straightly command, for us, and our Heirs, that Edward our Son aforesaid, shall have the Name, Style, Title, State, Dignity, and honour of the Principality of Wales, and of the County of Chester aforesaid, unto him and his Heirs, the Kings of England aforesaid for ever; These being witnesses, the Reverend Father John Cardinal and Archbishop of Canterbury, Primate of all England, our Chancellor, and William, Archbishop of York, Primate of England, Thomas Bishop of London, John Bishop of Lincoln, and William Bishop of Norwich; our most well-beloved Cousins, Richard Duke of York, Humphrey Duke of Buckingham; our well-beloved Cousin, Richard Earl of Warwick, Richard Earl of Salisbury, John Earl of Wiltshire; and our well-beloved, and faithful Cousins, Ralph Cromwell, Chamberlain of our House, William Falconbridge, and John Sturton, Knights; Dated at Our Palace at Westminster the fifteenth day of March, and in the year of Our Reign thirty two.  
And here (by the way) may be observed, that in ancient time, and in the time of the English Saxon Kings, the use was as well in penning the Acts of Parliament, as of the King's Letters Patents, when any lands, franchises or hereditaments, did pass from the King of any estate of inheritance, as also in their creations of any Man unto honour and dignity, the conclusion was with the sign of the Cross in form aforesaid (that is) his Testibus &c.  
But long time that form hath been discontinued, so that at this day, and for many years past, all the King's Patents for lands, franchises and hereditaments, do conclude with teste me ipso; nevertheless in all creations of honour and dignity by Letters Patents, the ancient form of concluding with, his testibus, is used at this day, Cooks 8. part 19  
And it hath been resolved by the Judges, that all Acts of Parliament and Statutes whien do concern the Prince, who is the first begotten son of the King, and heir apparent to the Crown, for the time being, Perpetuis futuris temporibus, in all succession of ages and times be such Acts, whereof the Judges and all the Realm must take conusance, as of general Statutes, for every subject hath interest in the King, and none of his subjects (who is within his Laws) be divided from him, being his head and Sovereign; so that the business and things of the King doth touch all the Realm, and namely, when it doth concern the Prince, the first begotten son of the King, and Heir apparent to the Crown, Corruscat enim Princeps radiis Regis Patris sui & censetur una persona cum ipso; For the Prince shineth with the beams of the King his Father, and is holden to be one person with him. Cooks 8. part 28.  
Although the Prince by express words hath no privilege by the great Charter of the Forest, 9 H. 3. cap. 11. for hunting in the King's Forests or Parks, passing by them, and sent for by the King's commandment; yet by construction the Prince is to take benefit and advantage thereby, as well as Bishops, Earls, or Barons, who are expressed, Crompt. Courts, des Justices de Forests, 167.  
In the Parliament, 31 H. 8. c. 10. an Act concerning the placing of the King's children, and Lords in the Parliament, and other assemblies, were amongst other things made as followeth.  
First, it is enacted by the authority aforesaid, that no person or persons, of what degree, estate or condition, whatsoever he or they be, (except only the King's children) shall at any time hereafter attempt or presume to sit, or have place at any side of the cloth of state in the Parliament chamber, neither of the one hand of the King's Highness, or of the other, whether the King's Majesty be there personally present or not.  
The Prince shall not find pledges for the prosecution of any Action, and therefore shall be amerced more than the King should be, or the Queen his wife, Vide Cooks 8. part, 61. b.  
Of the most noble and excellent Prince that now is, it is truly said, that he is omni nomine numine magnus, by destiny, name, & providence of God, the greatest; before Cook to the Reader, before his 8. Book, the last leaf.  
Nevertheless as he is a distinct person by nature from the King, so is he distinct by the Law, viz. a Subject, and holdeth his principalities and seignories of the King; neither shall he have all those Prerogatives which the King shall have; for example, when the King seizeth his Subjects lands, or taketh away his goods from him, having no title by order of the Law so to do: In this case the Subject is to sue to his Sovereign Lord by way of Petition only, for other remedy hath he not, but suit by Petition can be to none other then to the King; for no such suit shall be made to the Prince, but Actions as the case requireth, as against a Subject, Stamf. praerog. ca 22.  
And in token of subjection, the Prince doth not upon his Posy of his Arms disdain the old Saxon word (Ich dien, I serve) as Lambert doth mention in his Book of Perambulation of Rent. 364.  
And there is a case, that Gascoin chief Justice of Engl: in the time of H. 4. did commit the Prince, who would have taken a prisoner from the Bar in the King's Bench, and the Prince did humbly obey, and did go at his command; in which the King did greatly rejoice that he had such a Judge who durst minister justice upon his son, and also that he had a son so gracious as to obey, Court de Banco Regis, 79. Crompton.  
A question was moved to the Justices in the first year of H. 7. what order should be in that present parliament, for the anulling and making void certain attainders, for so much as divers who were returned of that Parliament did stand attainted of treason; and all the Justices resolved, That so many of the Knights of the shires, or Citizens, or Burgesses as stood then attainted of treason, should departed out of the Parliament house at the reversal of the Act of Parliament for their attainders. But as soon as the Act of Parliament was reversed and annuld, that they and every of them (that is to say) Lords and Commons should come into their places, and then may proceed upon any thing there moved lawfully, as lawful persons; for it is not convenient that they who are attainted should be in places of lawful Judges.  
And then another question was moved, What shall be said of the King himself? for he also was attainted by his Predecessor Rich. 3. and after communication had amongst themselves, all did agree that the King was a person able, and discharged of any former attainder ipso facto. That he took upon him to reign, and to be King, by which it manifestly appeareth, that by the Laws of England there can be no inter regnum within the same; & that presently by descent, the next heir in blood is completely and absolutely King, without any essential Ceremony, or act to be done ex post facto. And that Coronation is but a royal ornament, and outward solemnisation of the descent, and of this last matter. Read Cooks 7 part, fol. 10.6. and that there followeth.   

Of Dukes.  
THe form of the Patent of Duke of York that now is.  
Rex, etc. To all Archbishops, Bishops, Dukes, Marquesses, Earls, Viscounts, Barons, Justices, Governors, Knights, Ministers, And to all Bailiffs, and faithful Subjects, greeting: Whereas We often times call to mind how many and innumerable gifts, and what excellent benefits that great worker of all goodness of his only benignity and clemency, hath abundantly bestowed upon Us, who by his power hath consociated divers and mighty Lions in firm peace without any strife, but also hath amplified and exalted the bounds and limits of our Government, by his unspeakable providence above our progenitors, with an indissolvible conjunction of the ancient and famous Kingdoms in the right of blood under our Imperial Diadem; in regard whereof, we cannot but most willingly acknowledge our fruitfulness and issue, plentifully adorned with the gift of Nature, which he hath vouchsafed upon us, because in truth, in the succession of children, a mortal man is made as it were immortal. Neither unto any mortal men, at leastwise unto Princes not acknowledging superiors, can any thing happen in worldly cases more pleasant and acceptable, then that their children should become notable in all virtues, gooodnesse, manners, and increase of dignity; so as they which excel others in nobleness of blood, and endowments of Nature, might not be thought of others to be exceeded.  
Hence it is, that that great goodness of God, which is showed unto us in our fertility, to pass in silence, or to be thought not to satisfy the Law of Nature, whereby we are chief provoked to be well affected, and liberal to those, in whom we behold our blood to begin to flourish, coveting with great and fatherly affection, that the perpetual memory of our blood, with honours, and increase of dignity, and all praise may be affected: Our wellbeloved Son, Charles Duke of Albany, marquis of Ormond, Count of Rosse, and Lord of Ardmannoth; Our s●cond begotten son, in whom the Royal form and beauty worthy honour, and other gifts of virtue, do now in the best hopes shine in his tender graces: We erect, create, make and ordain, and to him the name, stile, state, title, dignity, authority, and honour of the Duke of York do give, and him of that Name, with the title, state, stile, honour, authority, and dignity, with other honours to the same belonging and annexed, by the girding of the sword, cap, circlet of gold put upon his head, and the delivery of a golden Verge, we do really invest; to have and to hold the same name, and stile, state, and dignity, authority, and honour of the Duke of York unto the aforesaid Charles our second begotten son, and to his heirs males of his body, lawfully begotten for ever. And that the aforesaid Charles our second begotten son, according to the decency and state of the said name of Duke of York, may more honourably carry himself; we have given and granted, and by this our present Charter we confirm for us and our heirs, unto the aforesaid Duke, forty pounds to have, and yearly to receive to the foresaid Duke and his heirs for ever out of the Farms, issues, profits, and other commodities whatsoever coming out of the foresaid County of York, by the hands of the Sheriff of the same County for the time being, at the Terms of Easter, and Michael the Archangel, by even portions; for that express mention of other gifts and grants by us unto the same Duke, before time made in these presents made, doth not appear notwithstanding.  
These be witnesses, the most excellent, and most beloved Henry, Prince, our first begotten son, ulrick Duke of Holst, brother of the queen our beloved wife, and the Reverend Father in Christ, Richard Archbishop of Canterbury, Primate and Metropolitan of all England; and also our well-beloved and faithful Counsellor, the Lord Elesmore, and Chancellor of England, Thomas Earl of Suffolk, Chamberlain of our household; and also our dear cousin, Thomas-Earl of Arundel, and our wellbeloved cousin and Counsellor, Henry Earl of Northumberland, Edward Earl of Worcester, Master of our horse, George Earl of Cumberland; and also our wellbeloved cousin, Henry Earl of Southampton, William Earl of Pembroke; and also our wellbeloved cousins, Charles Earl of Devon, Master of our Ordinance, Henry Earl of Northampton, Warden of the Cinque-Ports▪ John Earl of Marr, Robert Viscount Eranborne; our principal Secretary; and our wellbeloved and faithful Counsellor Edward Lord Zuch, Precedent of our Council in the Principality and Marches of Wales; and also ou● well-beloved and trusty Robert Lord Willoughby of Earsbie, William Lord Mounteagle, Grace Lord Chandois, William Lord Compton, Francis Lord Norris, Robert Lord Sidney; our wellbeloved and faithful Counsellors, William Lord Knowles, Treasurer of our household, Edward Lord Wotton, controller of out household; and our wellbeloved and faithful Counsellor, Alexander Lord; and also our well-beloved and faithful Councillors, George Dunbar; Lord of Barwick, Chancellor of our Exchequer; Edward Lord Bruse of Kinlose, Master of the Rolls of our Chancery; and also our faithful and wellbeloved Thomas Lord Eskine of Bielton, Lord Balmermoth, and others; given by our hand at our Palace of Westminster the sixth day of January, in the second year of the Reign of K. James.  
K. Edw. 3. in the 11 year of his Reign, by his Charter in Parliament, and by authority of Parliament did create Edw. his eldest son, the Black-Prince D. of Cornwall not only in title, but cum feodo, with the Duchy of Cornwall, as by the tenor of the said Letters Patents exemplified may appear, Cooks 8 part, in the pleading, Habend' et tenend' eidem duci, et ipsius et heraed' suorum Regum Angliae siliis primogenitis, et dicti loci ducibus in Regno Augliae hereditatoria successoris: To have and to bold to the same Duke and his heirs Kings of England, the first begotten sons, and Dukes of the same place, in the kingdom of England, and to hereditary succession; so that he that is hereditable must be heir apparent of the King of England, and of such a King, who is heir unto the said Prince Edward: And such a first begotten son and heir apparent to the Crown, shall inherit the said Dukedom in the life of the said King his father, with manner of limitation of estate, was short, excellent, and curious, varying from the ordinary Rules of the Common Law, touching the framing of any estate of inheritance in fee-simple or fee-tail. And nevertheless by the authority of Parliament, a special fee-simple is in that only case made, as by judgement may appear in the Book aforesaid, and the case thereof, fol. 27. and 21 E. 3.41. b.  
And ever since that creation, the said Dukedom of Cornwall hath been the peculiar inheritance of the King's eldest son, ad supportandum nomen & on us bonoris, to support the name and weight of that his honourable estate, during the king his father's life; so that he is ever Duxnatus non creatus, a Duke born, not created; and the said Duke the very first day of his nativity is presumed and taken to be of full and perfect age, so that he may sue that day for his livery of the said Dukedom, and aught of right to obtain the same, as well as if he had been full 21 years of age.  
And the said Black-Prince was the first Duke in England after the Conquest; for though Bracton, who made his Book in H. 3. saith, Et sunt sub rege deuces, as before appeareth, yet that place is to be understood of the ancient kings, who were before the conquest; for in Mag. Charta, which was made in Anno 9 H. 3. we find not the name of Duke amongst the Peers and Nobles there mentioned. For, seeing the Norman Kings themselves were Dukes of Normandy, for a great while, they adorned none with this honour of Duke.  
And the eldest son of every King, after this creation, was Duke of Cornwall, and so allowed; As for example, Henry of Munmouth, eldest son of H. 4. and Henry of Windsor, eldest son of H. 5. and Edw. of Westminster, the first son of Ed. 4. and Arthur of Winchester first son of H. 7. and Edward of Hampton first son of H. 8. but Richard of Bordeaux, who was the first son of the Black-Prince was not Duke of Cornwall, by force of the said creation; for albeit, after the death of his father he was heir apparent to the Crown, yet because he was not the first begotten son of a King of England (for his father died in the life time of king Ed. 3.) the said Richard was not within the limitation of the grant and creation, by authority of Parliament, made in the 11 year of king Edward above mentioned. And therefore, to supply that defect, in the 5. year of Ed. 3. he was created Duke of Cornwall by a special Charter.  
Elizabeth eldest daughter to king Edw. 4. was not Durches of Cornwall, for she was the first begotten daughter of king Edw. 4. but the limitation is to the first begotten son.  
Henry the 8. was not in the life of his father, king H. 7. after the death of his eldest Brother Arthur Duke of Cornwall, by force of the said creation; for albeit, he was sole heir apparent to the king, yet he was not his eldest begotten son, Cooks 8 part. 29. b. and 30. a.  
And the opinion of Stamford a learned Judge, hath been, that he shall have within his Dukedom of Cornwall the king's Prerogatives, because it is not severed from the Crown, after the form as it is given; for, none shall be inheritor thereof, but the kings of the Realm: For example, whereas by the Common Law, if a man hold divers Manors, or other lands and tenements of several Lords, all by knights' service, som● part by priority and ancient Feoffment, and other lands by posterity, and by a latter Feoffment, and the Tenant so seized dyeth his son and heir within age: In this case the custody of Wardship of the body, and his marriage, may not be divided among all the Lords, but one of them only shall have right unto it, because the body of a man is entire; and the Law doth say, That the Lord of whom some part of those lands be holden by priority; and by the same tenure of Chivalry shall have it, except the king be any of the Lords; for then, though the Tenant did purchase that land last, yet after his death the king shall be preferred before all, or any other the Lords, of whom the Tenant did hold by priority: And so shall the Duke of Cornwall in the same case have the same Prerogative, if his Tenant die holding of him, but by posterity of Feoffment, for any tenure of his Duchy of Cornwall, although the said Duke is not seized of any particular estate, whereof the reversion remaineth in the king; for the Prince is seized in fee of his Dukedom, as before is said.  
john of Gaunt the fourth son of king Edward 3. did take to wife Blanch, who was daughter and heir to Henry Duke of Lancaster, who had issue, Henry afterwards king of England, so that the said Duchy of Lancaster did come unto the said Henry by descent from the part of his mother, and being a subject he was to observe the Common Law of the Land in all things concerning his Duchy. For if he would departed in Fee with any part thereof, he must make livery and seizen, or if he had made a Lease for life, reserving rend with a reentery for default of payment, and the rent happen to be behind, the Duke might not enter unless he do make a demand, or if he had aliened any part thereof whilst he was with age he might defeat the purchaser for that cause, and if he would grant a reversion of any estate for life or years in being, there must also be Attornment, or else the grant doth not take effect.  
But after that he had deposed King Richard the second, and had assumed upon him the Royal estate, and so had conjoined his natural body in the body Politic of the King of this Realm, and so was become King: Then the possessions of the Duchy of Lancaster were in him as King, and not as Duke. For the name of Duke being not so great, as the name of a King, was drowned by the name of King; and by the State Royal in him who was Duke, for the King cannot be a Duke within ●●s own Realm: but out of his Realm he may.  
And likewise the name of the Duchy, and all the Franchises, Liberties, and Jurisdictions of the same, when they were in the hands of him who had the Crown and Jurisdiction Royal, were gone by the Common Law, and extinct, for the greater doth distinguish the less, and after those times the possessions of the Duchy of LANCASTER would not pass from King Henry the fourth, but by his Letters Patents under the great Seal of England, without livery of seisin, and without Attornment; and if he make a Lease for life being Duke, reserving a rent with reentry, for default of payment, and after his assumption of the Crown the rent happen to be unpaid, he might re-enter without demand; for the King is not bound to do such personal Ceremonies as the Subjects are by the Law compelled to do. Therefore to have the said Duchy to be still a Duchy, with the liberties to the same, as it was before; and to alter the order & degree of the lands of the Duchy from the Crown, the said King H. 4. made a Charter by authority of Parliament, which is entitled Charta Regis Henrici quarti de seperatione ducatus Lancastria a corona authoritate Parliamenti anno Regni sui primo. The Charter of Henry the fourth, for the separation of the Duchy of Lancaster from the Crown by the authority of Parliament, in the first year of his reign of the said King, as by the tenure thereof may appear.  
And so by authority of Parliament, the said Duchy, withal the Franchises and liberties, were disjoined from the Crown, and from the Ministers and Officers of the Crown, and from the receipt of the revenues of the Crown, and from the order to pass by such conveyance which the said Law did require in the possessions of the Crown.  
But although the possessions of the Duchy by force of the said Statute stood, divided from the Crown, and aught to be demeaned and ordered, and pass as they ought before Henry the fourth was King; yet there is no clause set down in the said Charter, which doth make the person of the king, who hath the Duchy in any other degree than it was before; but things concerning his person, shall in the same estate as they were before separations: Insomuch, as if the Law before the Charter, by the authority of Parliament adjudged the person of the King always of full age, having regard unto his gifts, as well of the lands which he doth inherit in his natural body, as in that he doth inherit in the right of his Crown, or politic body, it shall be so adjudged for the Duchy land after the said Statute; for the Statute doth go, and reach unto the estate, condition, and order of the lands of the Duchy, but doth not extend to the person of the king, who hath the lands in points touching his person, neither doth it diminish or alter the preeminences which the Law doth give, or attribute to the person of the King. For if king Henry 4. after the said Act, had made a Lease, or other grant of parcel of the Duchy by the name of H. Duke of Lancaster only, it had been void; for it should have been made in the name of Henry 4. king of England.  
And thus stood the Duchy of Lancaster, severed from the Crown all the reign of H. 4. H. 5. and H. 6. being politicly made for the upholding of the Duchy of Lancaster, their true and ancient inheritance, howsoever the right heir unto the Crown might in future time obtain his right thereunto (as it happened in king Edward 4. his time:) But after king Edward 4. obtained his right unto the Crown of England, and was in his remitter, he in Parliament attainted H. 6. and appropriated unity, and annexed the said Duchy again unto the Crown of England, as by the Statute thereof made in the first year of his Reign may appear.  
By which Statute three things were ordained:  

1. First, the County Palatine of Lancaster was again established.  
2. Secondly, he did vest it in the body politic of the kings of this Realm.  
3. Thirdly, he did divide it from the order of the Crown-lands; and in this force it did continue until the time of H. 7. who forthwith (being descended from the house of Lancaster) did separate it only in order and government from the Crown, and so continueth at this day, and all that is before spoken concerning the Duke and the Dukedom of Lancaster, appeareth in Plowden, 212. and that which there followeth.   
Before I writ further concerning the Nobility, I should set down the form of the King's Letters Patents of their Creations, and the manner of solemnity used in the admittance and investry of Marquesses, Earls, Viscounts, and Barons, according to their several degrees. But I do willingly omit so to do, partly because in effect the same may appear by that before recited Patent, for the Creation of a Duke (altering only such things which of right aught to be altered) and partly because their Patents are not only extant and of Record, but also because all those things are to be read in a printed English Book of this subject, judicially made by Tho. Mills, being a matter also proper to the College and Corporation of Heralds, and not unto the drift of my discourse, and I will briefly set down some other things observable concerning each of them.   

Of Marquesses.  
A marquis, that is, if we consider the very nature of the word, is a Governor of the Marches, and hath the next place of honour after a Duke.  
This title came to us but of late days, and was not bestowed upon any one before the time of King Rich. 2. who made Robert Vere marquis of Dublin, and then it became with us to be a title of honour; for before time those that governed the Marches were called commonly Lords Marchers, and not Marquesses.  
After the Normans had conquered this land, it was carefully observed by them as a matter of much moment, and a point of special policy, to place upon the confines and borders of the Britain's, or Welsh, etc. not then subdued, men of much valour, not only sufficiently able to encounter the inroads and invasions of the enemy; but also willing to make onset of them, and enlarge the Conquest; these men thus placed, were of high blood, credit, and countenance, among their countrymen the Normans, and in whose faith and power the Conqueror reposed special confidence and trust, and therefore in their territories given unto them to hold their tenors, were devised to be very special, and of great importance, and their honours enriched with the name and privileges of Earls of Chester, and for the North border of Wales created to be a County Palatine, and the Barons of the middle Port of the South Marches, were adorned in a manner with a Palatine Jurisdiction, having a Court of Chancery, and Writs only among themselves pleadable, to th'intent that their attendance, might not thence be driven for the prosecution of controversies, and quarrels in the Law: and as for the other part of the South Marches, they seemed sufficiently fenced with the River of Severn and the Sea.   

Of Earls.  
FIrst, It is to be observed, that originally within this Kingdom, Earldoms of Counties in the ancient English Saxon Government, were not only Dignities of Honour, but also Offices of justice, for that they did further the administration of justice in the Counties whereof they were Earls or Aldermen. They had likewise their Deputies under them, the Sheriff a Officer yet in being, and retaining the name of his Substitution, in Latin therefore called Vicecomes, as it is to be read at large in Cambden.  
The Earls, in recompense of their travel concerning the Officers of the County received a Salary, namely, the third penny of the profits of the said County; which custom continued a long time after the Conquest, and was inserted as a Princely benevolence or gift in their Patents of Creation (as by divers ancient Patents thereof may appear) which afterwards were turned into pensions, for the better maintenance of that honour, as appeareth by a Book Case upon the pleading of a Patent, whereby King Henry the sixth Created that worthy Knight, Sir John Talbot Earl of Shrewsbury; which pension is so annexed to their dignity, as that by any means of Alienation, it cannot be at any time severed and disjoined from the same; and therefore in respect of such pensions, which were the third part of the profits of the County, or such other sum given in lieu thereof, some men have, not without probability thereof imagined, quod Comites nominabantur quia in multis fiscu Regii Socti et Comites item participes essent, vide Cooks 7 part 34. a.  
Of the single Earls, and not Palatine within the Realm of England, there were and have been principally two kinds, but every of them subdivided into several branches, for they either take name of a place, or hold their title without any place at all. Those that take their name of a place are of two kinds; for either the same place is a County (and this is most usual) as the Earl of Devon-Shire, Cornwall, Kent, etc. or else of some other place being no County as a Town, Castle, Honour, or such like; of which later sort, some are most ancient, having their original even from the Conqueror, or shortly after, as the Earldom of Richmond in Yorkshire, Clarence in Suffolk, Arundel ni Sussex; all which had their original in the time of the Conqueror, by Donation of those Castles and Honours the Earldom of Bath, in the time of H. 7. and after in the time of H. 8. erected in the Family where it now remaineth: and the Earldom of Bridgewater, whereof Giles Dawbery was created in the time of H. 7.  
Earldoms, which have their titles without any place, are likewise of two kinds, either in respect of office, as is the Earl Martial of England; for it is granted in this or the like manner, Officium Marescalli Angliae, with further words, viz. A. B. etc. Comitem Marescall●●● Anglia creamus ordinavimus & constituimus, etc. By which it appeareth that the very Office is an Earldom, which title of Earl Martial of England, King Richard 2. gave first to Thomas Newbray, Earl of Nottingham, whereas before they were simply styled Marshals of England, Cambden. 167.  
The second sort of Earls by birth, and so are all the Sons of the Kings of England, if they have no other dignity bestowed upon them; and therefore it was said that John afterwards King of England, in the life of his Father, Hen. 2. was called countiscane terrae, before he was affied to Alice the daughter of the Earl of Moreton in France, though Hollenshed, fol. 103. writing of the degrees of people in England, saith, That the King's younger Sons are but Gentlemen by birth, till they have received creation from the King of high estate.  
Earls, and all others of the degree of Nobility, and honour, have Offices of great trust and confidence, being for two principal purposes, ad consulendum Regi tempore Pacis, to Council the King in time of peace, the other, ad defendendum Regem & Patriam tempore belli, to defend the King and Country in time of War; and therefore Antiquity hath given unto them two Ensigns to resemble both the said duties; For the first, the head is adorned with a Cap of honour, and a Coronet, and the body with a Robe in resemblance of Council. Secondly, They are girt with a sword, in resemblance, that they must be faithful and true to defend the Prince and Country, Cooks 7. part. 34. a.  
But to come to the King's high Council of Parliament, No man ought to presume before he hath received the Kings-Writ of Summons, for the rule is ad consilium ne accedas antequam voceris, the form of a writ of Summons to an Earl is as followeth.  
Rex, etc. Unto his well-beloved Cousin Edward, Earl of Oxford greeting. Because by the assent and advise of our Council, for certain weighty and urgent business, concerning us the State and defence of our Kingdom, and Church of England; we have ordained to be holden a certain Parliament at our City of Westminster, the 22. day of November next coming, and there together with you, and with the Prelates, the great and noble men of our said Kingdom, to have conference and treaty; commanding, and firmly enjoining you, upon your faith and allegiance, whereby you are holden unto us, that the dangers and perils imminent of that business considered, and all excuse set a part, you be present the said day in the same place with us, and with the Prelates, and great and noble men aforesaid, to treat and give Council upon the aforesaid business; and hereof fail you not, as you tender us, our honour, and the safeguard, and defence of our Kingdom and Church aforesaid. Witness ourselves at Westminster in the second day of March, in the first year of our Reign. Cromptons' Courts, tit. Parliam. 1. which is recited out of the Book of Entries. 594.  
Upon this Writ, three things have been observed.  
First, A privilege incident to an Earl, or other of degree above him; for the Kings doth salute him by the name of his Cousin, although he peradventure be of no consanguinity to the King.  
Secondly, When the King doth summon an Earl, or any other Peer of the Realm of the Parliament, he doth send his Writ, directed to himself particularly, and not to the Sheriff of the County, as the general Summons are for Knights and Burgesses for the Parliament.  
Thirdly, The Writ is to the Earl of Oxford greeting not naming him Knight, though he be a Knight, and though that degree be parcel of his name, as appeareth, 3. Hen. 6. fol. 29.  
And Priscot chief Justice in the 32. H. 6.29. That i● an Esquire be made Knight, he looseth the name of Esquire: But if a Knight be made a Nobleman, he doth still retain the name of Knight, and so ought to be styled in all Writs. And Cooks 4. part. fol. 118. a. saith, That if a Baron be created an Earl, yet his title of Baron doth continue. But in Plowdens' Book. 213. It is agreed, That if the Crown of England do descend to a Duke, within England, his name of Duke is gone for omne majus tollit minus.   

The increase of Name by the Addition of Honour.  
AFter a Man is created an Earl, Viscount, or into any other title of honour above them, his title is become parcel of his name (and not an addition only) and in all legal proceed, he ought to be styled by that his dignity.  
In the first year of King Edward 3. fol. 151. a Writ of Formedon, was brought against Richard son to Allin, late Earl of Arundel, and did demand the Manor of C. with the Appurtenants, etc. The Tenant high his learned Council, did plead, that he is Earl of Arundel, and was Earl the same day of the Writ purchased, and demanded Judgement of the Writ, because he was not named in the same according to his dignity, and title of Honour, to which the Demandant, saith, That at day, and time, when he did purchase the Writ, the Tenant wat not known, nor taken to be an Earl, and it is hard Justice, if the Writ should abate without any default in the plaintiff. Nevertheless, Because the truth of the matter, so that the Earldom did descend unto him, before the Plaintiff commenced his Action, and purchased his Writ against him; therefore by judgement, his Writ was abated, although the Tenant was not at that time known, or holden to be an Earl. But if a Baron be Plaintiff or Defendant, etc. It is not of necessity to name Baron, 8. H. 6.10. Yet see a distinction of Barons concerning this matter here following, Fol. 27. b.  
And so Reynald Grace was reputed an Esquire, after the Earldom descended to him, till at the last, it was published, and declared by the Queen, and by the Heralds, that he was Earl of Kent in right, and by descent, although he was reputed, or named Earl before that time, Dyer 318. lib. 10.   

Addition of Name.  
BUt an Addition may be used or omitted at pleasure, except in some special cases, where processes of Utlary lieth, as hereafter followeth, the title of Supremum caput ecclesiae Anglicanae, which was by Act of Parliament, in the 26. year of H. 8. c. 1. & an. 35. H. 8. cap. 3. annexed to the Imperial Crown of this Realm, is no parcel of the Kings by stile: but only an addition of the King's stile, so that it may be omitted in the Summons of the Parliament (as it was done in the first year of Queen Mary) or used, as it was by the late Queen Elizabeth, and by the King that now is, at his pleasure, and so it is adjudged as you may read in Dyer, In the first year of Queen Mary, Fol. 98. And so is the Law declared by authority of Parliament. 1. & 2. Phil. & Mary, cap. 8.256. See in Fox his Book of Martyrs, Fol. 217. An argument made by Hiles contrary.  
But between the Majestical stile of the King, and the title of honour, appertaining to a Subject; this cifference is between grants or purchases made by, or to the King; and grants or purchases made by, or to a Nobleman, etc. For in that first Case it is necessary, that the Name of Kings be expressed, otherwise they are void and of none effect. But if a Duke, Earl, or other of the Nobility do purchase, or grant by the Name of Baptism, and surname, omitting other title of honour; it is not void, but good enough, for it is a rule in the Law, That every man's grant shall be construed most strongly against the grantor, and must for the benefit of him, to whom the grant is made, and so ut Res magis valeat quam pereat, that the matter may rather be strengthened, then void; for there is a great diversity in Law, between Writs and Grants; for if Writs be not formally made, they shall be abated, which is no greater prejudice, than the purchasing another Writ; But if a Grant should so Ligerfie, be made void, than the party hath no remedy to have a new; for that cause the Law doth not favour advantages, by occasions of Misnomer, more than the strict rule of the Law doth require, Cooks 6. part. 64. b. Et sequentia, false Latin shall abate a Writ, but not a Grant, Ibidem.  
And if an Earl be Plaintiff or Demandant, and hanging, the Writ shall not abate; but nevertheless he shall proceed and count by the name of an Earl, according to such title of honour, as he did b●ar at the time of his action commenced, Pasch. 13. Edw. 3. brief 259. Pasch. 19 Edw. 3. Procedendo. 2.32. Hen. 8.39. 7. Hen. 6.14. b. Et sequentia. 25. Ed. 3.39. 22. Rich. 2. brief 9.37. & Pasch. 24. Edw. 3.14. But if the Plaintiff in a quere impedit, be made Knight, hanging the Writ, the Writ shall abate, Cooks 7. part. 27. b.  
There is a Statute made in the first year of H. 5. c. 5. where in is contained as following.  
Item, It is ordained and established, that in every Original Writ of accounts personal, Appeals and Indictments, in which the Exigent shall be awarded in the Name of the Defendants. In such Writs, original Appeals, and Indictments, addition shall be made of their estate and degree, or mystery, and the Towns, Hamlets or places, and the Counties where they were, or be conversant, and if by Process upon the said Original, Writs, Appeals or Indictments, in the which the additions be omitted, any Outlaries be pronounced, the said Writs and Indictments shall be abated, by the execution of the party, wherein the said additions are omitted, provided always, that though the said Writs of additions personal, be not according to the Records, and deeds by the surplusage of the additions aforesaid, That for this cause they are not abated; and that the Clerks of the Chancery, under whose names such Writs shall go forth written, shall not leave out or make omission of the said Additions, as is aforesaid, upon point to be punished, and to make a fine to the King by the discretion of the Chancellor. And this Ordinance shall begin to hold place at the suit of the party, from the least of Saint Michael next ensuing forwards.  
Although the addition of estate, degree and mystery to be added unto names, be written in the Statute, first and before the additions of place and Counties, yet it hath been used always after the making of the said Statute, to place the additions of estate, degree, and mystery, after the places and County in every Writ, Appeals and Indictments against common persons.  
But the use is otherwise in Appeals and Indictments of Treason or Felony against Dukes, Marquesses, and Earls for their names of degrees, are in such Cases put before the Additions of places and Counties, as Charles Earl of Westmoreland, late of Bramspeth in the County of Durism. Thelowell. lib. 6. cap. 14.  
Names of dignity, as Dukes, Earls, Barons, Knights, Sergeant at Law, etc. Be contained within this word degree, for gradus continet statum in se, & non è contrario, degree doth contain state in itself, and not of the contrary; for the state of a man, as Gentleman, Esquire, Yeoman, Widow, single-Woman, etc. And the art or craft of a man is his mystery, by Brook chief Justice in the Common-Pleas, in abridgement of the Case of 14. Hen. 6. fol. 15. titul. nosve dignitat. 33.  
See in Cooks 8. parts 156. John Stile is bound by obligation to W. B. the obliger is afterwards made into a title of honour, or a Knight, the Bond is forfeited W. B. by his Attorney draweth a note or title, for an original, according to the Defendants degree (although it vary from the specialty) as it ought to be made by the Statute, but the Cursitor mistaking, did make the original only, according to such addition as was specified in the obligation, omitting his degree of dignity, and the entry of the C●pias alias & plures, was according to the said Original, but in the Exigent, and Proclamation, and in the Entry of it, the Desendant was named according to his degree of dignity, upon a Writ of Error, after judgement doubt was, if this might be amended in another Court, then where the original was made.   

Injuries done to the name and honour of a Nobleman.  
IN the second year of Richard 2. in the first Chapter, It was enacted, that counterfeiters of false news, and of horrible and false lies of Prelates, Dukes, Earls, Barons, and other Nobles, and great men of the Realm; and also of the Chancellor, Treasurer, Clerk of the Privy Seal, Steward of the King's House, Justices of the one Bench, or of the other, and of other great officers of the Realm, of things which by the said Prelates, Lords, Nobles, and Officers aforesaid, were never spoken, touched, nor thought in great slander of the said Prelates, Lords, Nobles, and Officers, whereby debates, and discords might arise betwixt the said Lords, and Commons, (which God forbidden;) and whereof great peril and mischief might come to all the Realm, and quick subversion, and destruction of the said Realm, if due remedy be not provided. It is straightly defended upon grievous pain, for to eschew the said damages, and perils, that from henceforth none be so hardy, to find, say, or tell any false news, lies, or other false reports of Prelates, Lords, and of other Officers aforesaid; whereof discord, or any slander might arise within the said Realm, and he that doth the same, shall incur, and have the pain ordained thereof by the Statute of Westminster, in the first Chapter 33. which will, that he be taken and imprisoned, till he have found him, of whom the word shall be moved.  
And further, By another Statute made in 22. Richard 2. cap. 11. It was moreover enacted, That when the said offender is taken, and imprisoned, and cannot find him that spoke the words, than he shall be punished by the advice of the Council. And to the intent that such evil disposed persons, which by their lewd speeches, and slanderous words or reports, do endeavour, to break, or disquiet the peace of the Realm, might the sooner be inquired, found out, and punished, by a Statute made Anno 2. Phil. & Mary. It was further established, That the Justices of Peace in every, Shire, City, or Town Corporate, within the limits of their several Commissions, shall have full power to examine, hear, and determine the causes aforesaid, in the said two Acts of Edward the first, and Richard the second specified, and to put the said two Statutes, and every branch in them contained in due execution, that condign punishment be not deferred from such offenders; and besides, the afore mentioned penalties assigned to be inflicted upon transgressors, by the aforesaid Statutes, every Nobleman, and great Officer of the Realm, against whom any scandalous words, false news, or lies be spoken, may prosecute against the offender, an action, de scandalis magnatum, and recover damages against him; and in like sort, may every inferior person, for any such like words of infamy against him, pursue an action upon his cause against the offender, and recover his damages.  
And if any person shall exhibit a Bill into the Starrechamber against a Nobleman (or other,) and amongst other things, charge him with murder, piracy, robbery, or other felony, or to be a procurator thereof, or accessary thereunto, or with any other offence, which is not examinable in the said Court; the defendant in the said Bill, may prosecute against the complanant therein, an action upon the cause, and recover his damages, for his Bill was exhibited of malice by the complainant, to remain of record in the said Court, to the infamy and slander of the defendant, and not punish him for the said offences suggested in the said Bill by a course of Justice, seeing the Court of Star-chamber hath no authority to inquire of, or punish the same offence; but if the complainant did suggest in his Bill of complainant, any matter against the defendant, which is examinable in the said Court, than no action upon the case is maintainable against him by the defendant, therefore though the matter surmised be merely false, for it is done in course of Justice & sub judice lis est, whether the matters suggested be true, or false, until they be proved: And in former ages, speeches tending to the reproach of others, were so odious, that King Edgar, Le. 4. ordained that his tongue should be cut out, which did speak any infamous, or slanderous words of another. Dyer. 285. and in Kelway. 13. Henry 7.27. Cooks 4. part. 14. Book. 2. Richard 3.9.6. In which Book you may read at large, where the Lord Beauchampe did sue an action upon the Statute of the 2. Rich. 2. cap. 5. de scandalis magnatum against Sir Richard Crafts, because he did sue a Writ of forging of false deeds against the said Lord Beauchampe, and the defendant doth justify the said slander by the use of the said Writ, etc.  
And the demurrer was good, and out of the intendment of the Common Laws, or Statute Laws, concerning slanderers; for no punishment hath been at any time appointed for suits in Law, though the matter be false, and for vexation only, other than amerciaments, or fine to the King; and therefore the plaintiff is sufficiently discharged against the said Lord Beauchampe, not only for the time that the suit is depending, but after the action tried, or otherwise ended, yea, though the Plaintiff were nonsuited, or by other means it went against him; for if actions of revenge upon the event it would terrify, and discharge many, who have just cause to complain for fear of infinite vexations for the event and success of suits, and matters in action, is uncertain, Cooks 6. part. 40. a.  
There is another foul puddle that ariseth from the same corrupt quagmire, and distilleth out of a heart, likewise infected with malice and envy; but is divised, and practised by another mean, than the former, which is by libelling, secret slandering and defaming of another, for this privy backbiter, doth not by words impeach his adversary in so manifest and turbulent manner, as the choleric menacer in his fury doth, seeming to sit quietly in his Study, he doth more deeply pinch him, and infixeth a more durable wound into his fame and credit, than the other boisterous fellow doth in his body, who in a moment, threatneth to do more than peradventure he after is willing, or dareth to do in an age. The Menacer layeth open his Name, and his grief, and standeth in the face of his enemy, and discovereth the corrasive of his, and doth thereby give a forewarning to his adversary, to provide for, and defend himself.  

Note, That if a man do write unto another scandalous words, and reports, touching a Nobleman, and this Letter be signed with his Seal, and subscribed with his name; yet upon this Letter, showed upon evidence, the Nobleman may recover damages in an action, de scanlis magnatum, whereof you may see two Precedents in Cromptons' justice of Peace. 85.  But this secret Canker the Libeler, concealeth his name, hideth himself in a corner, and privily stingeth him in fame, reputation, and credit; who than neither knoweth from whom, or for what cause he receiveth his blows, nor yet hath means therein to defend himself; and whether his libelling, secret slandering, or defaming, be against a public Magistrate, or private Person; Yet it may tend to the breach of the peace, to the raising of quarrels, and effusion of blood; 
But if a man do write any matter of defamation to the party himself, that is thereby traduced and subscribe, and seal the same without other publication done by himself Quaere.  and so may be a special impediment, which all good policy endevoureth to maintain; for if it be against a public Magistrate, it is a great scandal, and offence to the King his chief Magistrates, and the whole Government of the Realm, to assign such an Officer to rule and govern others, who himself is void of government, and shall deserve to be impeached with such crimes, as he shall be taxed with, or shall be imputed unto him by such an infamous Libel; and if it be but against a private person; yet seeing that a Libel, or other note of infamy is intended to defame him, to tread his honour and estimation in the dust, and root out his reputation and credit from the face of the earth, to make him a scorn to his enemies, and to be derided and despised of his neighbours; it doth greatly kindle the wroth of him, and of such as be of his kindred and allies, and true friendship, and urge them to revenge; whereupon, do often times ensue grudges, quarrels, frays, combats, and manslaughter. Sometimes the malicious defamer, poureth out his venom in writing, by a scandalous Book, Epigram, or Rhyme, either in Meeter or Prose▪ Some other times by songs, scoffs, jests, and taunts, and divers times by hanging of pictures of reproach, signs of shame, or tokens of disgrace near the place the party thereby traduced, doth most converse, as the picture of the gallows, pillory, cucking-stool, horns, or other such like. In which cases, the Law hath provided, that the party delinquent, when he is found out, and discovered, shall be sharply punished; For he may be either indicted for the same offence, by the ordinary course of the Common-law, or else a Bill may be exhibited against him in the Star-chamber, where he shall be punished, according to the quality of his demerits, by sine, and imprisonment; and if it be an exorbitant offence, then by pillory, loss of his ears, whipping, etc. Or the party grieved, may have an action of the case against the offender, and recover his damages: And in this case it is not material, whether the Libel be true or false, or the parties scandalised thereby, be living or dead, or be of good name or evil, for though the party be defamed, and the Libel true be evil, yet our good Laws be provided to punish him, and such like evil men by due course of Justice, after his offence is presented, inquired of, tried, and proved to his face, before lawful Magistrates, thereunto assigned, and he is not to be carped, accused and condemned in a corner behind his back, by any other private person, who in trudeth himself without warrant to be a Censurer of manners, and rather seeketh the discredit of the party then, than the reformation of his faults, for his secret searching into, and sifting into other men's conditions, diving into their offences, and divulging them to their discredits doth convince the offender to be a man of a lewd disposition to have made shipwreck of his conscience, and doth brand him, during his life, with the name of an infamous Libeler, or scandalous backbiter, Ferdinando Pulton, Fol. 16. Cooks 5. part. 125.  
And to conclude this matter, concerning the wrong done to the name and dignity of a Nobleman, this may be added, That it is unlawful for any person to usurp the Arms of another. Cook to the Reader before his third Book, Fol. 8. to A. Yea, if a Nobleman's Coat, Armour, or Sword, or other Gentleman's bearing Arms at the solemnising of their Funerals, set up in the Church Chappel or Chancel, for the honour of the body defunct be taken down by the covetousness of the incumbent there, pretending them as offerings due to him, or if they be defaced by any other; such are to be punished grievously as malefactors, and in that case the action shall not be given to the Widow, though she be Executrix or Administratix of her husband's goods for such things as serve for the honour of the party deceased, are not to be accounted inter bona Testatoris, as the goods of the Testator; but the heirs shall have the action as the defender of his Ancestors honour, Nam cui injuria ei avervat jus, to whom the wrong is done, right doth belong; but the wrong is offered to the house and blood; and therein especially to the heir, qui est totius geniturae splendour, of the whole kindred; and therefore to him attaineth the right of action in the case.   

Viscounts.  
NExt unto Earls or Counts in order, followeth the Viscount, this is an ancient name of Offiee, but a new title of honour, and by Henry the first brought in, who conferred that title upon John Lord Beaumont.   

Barons.  
A Mongst the Nobles and Honourable; Barons have the next place, and the last of the Rank; It now followeth somewhat to speak in general of the dignity and degree of a Baron. First, the definition or description of a Baron. Secondly, The Etymology of the name. Thirdly, The antiquity thereof, and the divers uses of the name in former ages. Fourthly, The divisions and considerations of the several kinds of Barons. And lastly, A declaration of the divers and sundry privileges allowed by the Laws of this Realm, unto the Barons and Nobility of the same; wherein the vulgar and common person hath no participation.  

The Definition or Description of a Baron.  
IT is a rule in Law, that definitions in Jure sunt periculosissimae rarium est enim ur non subverti possunt. And therefore I do not often find any definition or a description of a Baron delivered by writers. Nevertheless in this our Commonwealth of England, me thinks that a Baron may be described in a generalty, answerable to every kind thereof in this manner.  
A Baron is a dignity of Nobility and Honour, next under the Viscount above the Banneret and Valvafor, adorned with the title of Lord, holding with us the same place, as did the Patricii or Senators amongst the Romans. The Books of Law do make difference between Dukes, Earls, Marquess', and Viscount's, which are allowed names of dignity, and the Baron: For they affirm that Baron needs not to be named Lord or Baron by his Writ; But the Duke's Marquesses, Earls, or Viscount's ought to be named by their names of dignity, 8. H. 6.10.32. H. 6.3. Cook 8. parts 53. b. a. part. Pigot, Lambert. l. 4.488. Cambden fol. saith, that our common Lawyert do not allow a Baron to be one of the degrees of the Nobility: Nevertheless, I do take the Books are to be understood of the Barons by Tenure, or Barons by Writ only: For the title of a Baron by Patent, is in his Letters Patents, under the great Seal adorned and named by the stile of Status gradus & dignitas; and therefore as requisite to be named, as such dignities are a parcel of the Name of the possessor, as well as the Style and Title of a Duke, marquis, Earl, and Viscount, etc.  
And although there may be conceived this difference last mentioned between the Baron by Tenure or Writ, and the Baron by Patent; yet they being all Members of the higher House of the Parliament, they are thereby made equally Noble, Honourable, and Peers of the Realm as they are Barons only, without any other distinction that I have observed; and thus much concerning the three degrees of Barons within this Realm may suffice to be said in general upon this occasion for the better understanding and direction of the rest to be handled.   

The Etymology and Derivation of the Name Baron.  
MAny Wits have laboured to yield the Etymology and signification of this word; wherein following their own fantasies, there hath been bred much variation of opinion. As for Etymology of words, I agree with him that saith, That it is Levis & fallax & plerumque ridicula, for sapenumero ubi proprietas verborum attenditur sensus veritatis amittitur. It may have some use, and serve a turn in Schools, but it is to light for judgements in Law, and Seats of Justice, Cook 7. part. l. 27. b. Thomas Aquinas setteth down a more certaln rule in vocibus videndum non tam à quo quam ad quid sumitur, and words should be taken, sensu currenti, for use and custom is the best expositor of Laws, and words, quem penes Arbitrium & jus & norma loquendi. In the Lord Chancellor's Speech in the Case of Postnati. fol. 61. And forasmuch as the word may aptly import men of strength, Bracton as before appeareth, not unaptly useth this signification thereof, in these words, Sunt & alii potentes sub Rege qui dicunter Barones boc est Robur belli.   

The Antiquity of the Dignity of Barons, and the sundry uses of the Name.  
IT seemeth that the dignity was more ancient, than the Name, for in the ancient Constitutions Feedall of the Land, there is no mention made of the name of Barons, howbeit, the learned Interpreters do understand, that dignity to be comprehended under those which are there called Valuasores Majores, and afterward called Capitanii, for of the Valuasores, there were three kinds Valuasores, Majores, sive Capitanii; which are thought to be the Barons, Valuasores minores and valuasini or valuasores minimi. The like dignity within this Realm before the Conquest had those, which of the English Saxons were called Thanes, whereof read Lambert in his Preambulation of Kent. Fol. 366. And the Book of Doomsday, remaining in the treasury of the Exchequer. Nevertheless, the name of the Baron was not much used within this Realm until the Norman Conquest, and after that the word Baron seemeth to be frequented in this Realm in lieu and place of the word Thane among the English Saxons, for as they in general and large signification, did some time use the same to the sense and meaning, and to import a Freeman, borne of a free parentage, or such like; so did the Normans use the word Baron, and therefore called their free Citizens of their best esteemed Cities, and free Burgesses of their best esteemed Towns and Borroughes by the name of Barons. And so the Citizens of London, Barons of London in divers ancient Monuments, of whom also Bracton maketh mention, Fol. 272. a. Also there are divers Charters, wherein mention is made of such like Barons, as the Barons of Warwick in the Record of Doomsday; and even to our time the free Burgesses of the five privileged Ports are called Barons of the Cinque Ports. And for that also divers of the nobility of Barons, as well spiritual as temporal, did in ancient time sit in the Exchequer to determine the difficulties and doubts there arising; The Judges of that Court have been from most ancient time called, and yet are Barons of the Exchequer.  
Moreover, the English Saxons had two kinds of Thanes the like hath been observed; as touching Barons for the Kings and Monarches of this Realm have had their immediate Barons being the Peers of the Realm; and in like manner, certain other of the Nobility, especially Earls, which have had jurisdiction Palatine, and Earls Marchers, whose Countries have confined upon the coasts of the enemy; have had under them for their better defence, a kind of Barons. As namely under the County Palatine of Chester, were these Barons, the Barons of Halton, Mounthalt, Malebanck, Shipbrooks, Malpase, Massa, Rinderton, Stockport, etc. The Earldom of Pembroke in Westwales being first erected by Arnulphus Mountgumory, that conquered part of that Country. And therefore the Earls thereof, being an Earl Marcher, had also under him his Barons, as appeareth by the Parliament Rolls, 18. Ed. 1. It hath been therefore a common opinion received, that every Earldom in times pa●● had under it ten Barons, and every Barony ten Knights Fees holden of him, and that those that had fourtee● Knights Fees were usually called, and promoted to the dignity of Baron. Also Lords and Proprietors of Manors, were in respect of them oftentimes in ancient remembrance called Barons (but abasiveth) and the Court and their Manor called thereof Courts Barons, o● which Glamvile speaketh, Fol. 67. l. 8. c. 11.  
It resteth now for the more explanation of the use o● the name of Baron, that we call to remembrance, tha● which hath been before spoken, that the custom of ou● Country is, that if a Baron be created an Earl, the elde● son of the said Earl in the life of his Father, taketh upon him the name and title of the Barony, although h● want the Privileges belonging to a Baron.   

The tenor and proper signification of the word Baron.  
BArons honourable, are of three kinds, by Tenure, by Writ, by Creation; As for Barons by prescription, which some men have spoken of, they are intended to be all one with the Barons by tenure, or tho●● whose Ancestors time out of mind, have been called to the Parliament by Writ; for otherwise there are hardly such to be sound as are Barons by prescription only.    

BARONS by Tenure.  
BArons by tenure are those which do hold any Honour, Castle, or Manor as the head of their Barony per Baroniam, which is Grand Serjeanty: And these Barons by tenure are of two sorts; Barons spiritual by tenure, and Barons temporal by tenure. Of Baron's spiritual by tenure sufficient is said before in the first leaf of this Treatise, whereunto this may be added, That it appeareth by all ancient Writers of our Laws, as Britton, Glanvile, Bracton, and the rest, that the Archbishops and Bishops of the Realm in the ancient Saxons days, as well during the time that this Realm was divided into divers Kingdoms, as also after the uniting of them into one Monarchy, were called to the Parliament or Assembly of States or wise men, not so much in respect of their tenure, for in those days all their tenors were by frank almoigne; but especially for that the laws and counsels of men are then most currant and commendable; and have a more blessed issue and success, when they are grounded upon the fear of God, the root and beginning of all true wisdom: and therefore our wise and religious Ancestors called to their general Council, or Witten Agmore, or Court of Wisdom (as they called it) those chief and principal persons of the Clergy, which by their place and profession, by their gravities, learning, and wisdom, might best advise what was the law of God's acceptable will and pleasure, that they might frame their humane laws answerable, or at least no● contrary and repugnant thereunto.  
As touching the temporal Barons by the tenure, mention is made of them in the Books of the Law, Records, and ancient Monuments of the Realm: these are the words of Glanvile; Mortuo enim aliquo capitals Bar●ne suo, statim Baroniam in manusua retinet Rex, donec haeres garantum suum fecerit de relivio, licet haeres ipse plenam habuerit atatem: Which relief of Barons for the Barony by tenure was at that time uncertain, and rentable at the pleasure of the King: Of which also he writeth thus. Dicitur autem rationabile relivium alicujus juxta consuetudinem regni, de feodo unius Militis centum solidos: de socenglo verò, quantum valet census illiut saccagii per unum annum: De Baronis verò nihil certum statutum est, quia juxta voluntatem & misericordiam Domini Regis solent Baronli capit●●es de reliviis suis Domino Regi satisfacere, lib. 9 cap. 4. But such uncertainty was brought to certainty by the statute of Magna Charta cap. 2. so here we have speech of the Barony Temporal by tenure, and of the relief due for the same.  
In tertio H. 3. there was argued an ancient Prerogative belonging to the Crown, and usual even from the Conquest unto these times, authentically written in these words, and so reported by Fitzherbert: Quod si aliquis Baro Domini Regis tenent de Rege obiisset, & non haberet haeredes nisi filias, & primogenitae filiae maritatae sunt in vita Patris, Dominus Rex daret postnatam siliam, quae remaneret in haereditate patris, alicui milit' suor', cum tota haereditate Patris sui de qua obiiss●t seisitus, ita quòd alia filiae nihil recuperent versus postnatam filiam in vita sua: Et omnes Reges habuerunt hanc dignitatem à conquestu.  
Also Bracton lib. 5. fol. 351. & fol. 357. doth make express mention of Barons temporal by tenure.  
It shall be needless here again to remember the former alleged assertion of Bracton, that the head of a Barony descending unto daughters should not be divided by partition, which argueth likewise the tenure by Barony. But let us descend to other authorities, that is to say, to the Book-case in 48. E. 3. fol. 30. Sir Ralph Everden his case; by which case of law is most evidently proved that there are Barons by tenure, and in regard of such their tenure ought to b● summoned to Parliament. And to this purpose you may read a private statute in the eleventh year of Henry the sixth mentioned also in Cambden concerning the Earldom of Arundel: and also another statute to the same purpose made 27. H. 6. for the final determination of a controversy between William Earl of Arundel, and Thomas Earl of Devonshire, for place and pre-eminence in Parliament.  
I would wish that those who deny that there were or are any Barons by tenure, should consider advisedly the statute of Westminster the 2d. cap. 41. where the Fees of the Eatle Martial and Lord Chamberlain are expressed, which are to be taken by them, upon the homage done of every Baron by tenure, whether the Baron holdeth by whole Barony or by less.  
But ere I proceed further, there ariseth a question here to be considered, the resolution whereof may give great light, and in a manner determine the matter in hand. The Question therefore is this.  

Question.  
If a Baron by tenure alien and grant away the Honour, Castle, and Manor holden by Barony, whether shall such alience or grantee take upon him the state title and dignity of a Baron or no? and what shall become of such a dignity of Baronage after such alienation or grant made?  
They which do deny that there are any such Baronies by tenure, do use these as their chief and principal motives and reasons.  
First, if there be any Baronies by tenure, than the alience or grantee of such Honour, Castle, or Manor so holden, must hold by the same tenure that his feoffor or grantor before held; But that was by Barony; Therefore such alience or grantee must hold by Barony: And if such grant or alienation be made to persons base, vulgar, or ignoble, they then should by such tenure be made noble, which were marvellous absurd and full of inconveniency; for, Non Dominus domo, sed domus Domino honestatur, see Tho. Mills Peroration fol 3.  
Secondly, it is very evident and manifest that many ancient Manors which in old time were holden per Baroniam, and were the Head of Baronies, are now in the tenors of mean Gentlemen, and others, who neither do or may challenge unto themselves in any respect thereof any Nobility, without the great and high displeasure of the Kings most excellent Majesty, who is the fountain of all Nobility within his Dominions.  
Thirdly, some ancient Barons there are which have aliened and sold away those Castles and Manors, of the which they have and bear the name and dignity of Baronage, and yet themselves do still retain and lawfully keep their estate, dignity, and degree of Baron, and have been and usually are (such alienation notwithstanding) summoned nevertheless to the Parliament, and they do take and hold their ancient place according.   

The Answer.  
For the better answer to be made to these objections, being of all others the most material and of moment used in this behalf, it shall be convenient for the more easy unfolding the state of this question, to exhibit certain necessary and requisite propositions; and upon them to draw true and infallible conclusions, and then to prove them by authority of Law, consent and time, and manifold precedents: which done, the answer will be easily made (as I conceive) to every of the foresaid objections.  
First therefore, if a Baron by tenure, which holdeth any Castle, Honour, or Manor per Baroniam, do alien or give the same, either he doth it without any licence obtained from his Majesty so to do, or else by some certain licence in that behalf obtained.  
If he do it without, licence, than the conclusion is certain by the laws of this Realm, the Barony, Castle, Honour, and Manor so aliened without licence or consent is forfeited; and the same Honour, Castle, or Manor so holden by Barony, and so aliened, is to be seized into the King's hands for the said forfeiture, and such dignity and estate no longer to be borne and continue, but to be resumed and extinguished in the Crown, from whence it was derived. Read hereof in Stamfords' Prerogative cap. 7. But nota in Cook 2. part 80. b.  
The reason thereof is notable, if we call to remembrance that which was formerly alleged out of Bracton; That Baronies are the strength of the Realm, and suffer no division; they suffer also no alienation, without the consent or licence of the sovereign Monarch; for so should the Realm be enfeebled, and base persons enabled, without desert of virtue or prowess. For where the thing so aliened is an Honour or head of the Barony, it differs much from the ordinary tenure in capite, whereof if the Tenaut make alienation without licence, he is only to pay fine by the statute 1. E. 3. cap. 12. whereof also before the making of the statute there was diversity of opinion at the Common Law after the statute of Magna Charta. But let me cite some authorities for the proof of these allegations. Glanvile, the most ancient Writer of the Laws of this Realm now extant, hath these words: Notandum autem, quòd nec Episcopus, nec Abbas, quia corum Baroniae sunt de eleemosyna Rege & Antecessoris ejus, non possunt de Dominicis suis aliquan partem dare ad remanentiam, sine assensu & confirmatione Domini Regis, lib. 7. cap. 1. in fine, & statut. Westm cap. 42.  
In Edward the thirds time certain land, being parcel o● the Barony of Brember, was aliened by William de Bruse the Baron thereof, without licence of the King; and in the argument of a cause concerning the same, Green one of the Judges delivereth this for law, That parcel of a Barony or Earldom held of the King in chief, cannot be aliened or dismembered without his licence; and if it be, it shall be seized into the King's hands as forfeit, and the King shall be seized thereof in his own right again.  
In 46. E. 3. it was found by office that William Bishop of Chester had leased unto one John Peston for his life a Manor, which was parcel of the Manor of the said Bishopric, without licence; and it was resolved by the Judges, and other of the King's Council, that the same was forfeit; but by mediation of the said Council the Bishop submitted himself to the King, and made a fine; and several Scire facias issued out against them that had received the main profits, to answer unto the King thereof. And thus much concerning alienation of Baronies without licence.  
But on the other part, if a Baron by tenure which holdeth any Honour, Castle, or Manor by Barony, do grant or alien the same by licence, I must again distinguish: For either such alienation is made for the continuance of his Barony, Honours, Lands and Tenements, in his own name, blood, issue male: Or else the same alienation is made for money, or other recompense, or otherwise, to a mere stranger: and hereof ensueth this second conclusion or assertion.  
That if such alienation be made for the continuance of the Barony in his name and blood, or issue male (as many have made the like) then have the issue male together with the Barony, be it Castle, Honour, or Manor so holden, held also and lawfully enjoyed the name, stile, title, and dignity of a Baron; and thereof have the heirs general, or next heirs female been excluded and debarred. And for the proof of this assertion there may manifold precedents be produced, whereof certain have happened almost in every age for 300. year's space; namely, so long in effect as there have been observations thereof: of which some certain do ensue.  

William de Ferrariis, Comes Derby, obiit Anno 30. H. 3. 

Robertus de Ferrariis Comes Derby. 

Johannes de Ferariis, Dom. De Charley.      
Margaretae Comitissa Derby, & Domina de Grooby. 

Will. de Perrar. Dom. de Grooby ex dono Matris. 

William de Ferrariis, Dominus de Grooby.       
It appeareth by an office found after the death of William de Ferrariis Lord of Grooby 23. H. 6. that Margaret Lady of Grooby gave to William Ferrars her second son, and to the heirs of his body, the Manor of Grooby, etc. By virtue of which gift, the said William Ferrars and his heirs were ever after Barons of Grooby.  
Robert Walleron Baron of Kilpeck died in 1. Ed. 1. without heirs of his body; and Robert Walleron, son of William, brother of the said Robert, was his next heir; yet notwithstanding the said Robert dying gave to Allen Plagenet son of ●●●lice his sister, the Castle, Manor, and Lordship of Kilpeck, with the appurtenances, To have unto the said Allen, and to the heirs of his body coming, as appeareth by his office, etc. By virtue of which gift the said Allen was Baron of Kilpeck, and summoned among other Barons to the Parliament: and he died 27. E. 1.  

Walleron Baron of Kilpecke. 

Robert Walleron Baron of Kilpee obiit sine exitu, 5. E. 1.  
William Walleron. 

Robert Walleron the next heir. 

William Deyncourt Baron of Blaxronry by reason of the entail, obiit 38. E. 3. 

William Deyncourt ante patrem. 

William Deyncourt Baron of Blackney.      
John Deincourt. 

John Deincourt.      
Alice married to Plagenet. 

Allen Plagenet Baron of Kilpecke, coron. dono.         

Edmond Deynecourt Baron of Blasteny, obiit An. 20. E. 2. 

Edmond Deyncourt. 

Isabel his next heir.       
The King to all Christian people sendeth greeting, &c Know ye that whereas lately, for that our wellbeloved and faithful subject Edmond Deyncourt pondered and considered that both his Surname and also his Arms after his death in the person of Isabella daughter of Edmond Deyncourt his heir apparent, should be blotted out of memory, most earnestly he desired that his Surname and Arms after his death for ever might be had in remembrance: To whose request, for the worthy service as well to our father Edward late King of England, as also to ourself, by our Letters Patents do grant and give licence for us and our heirs, so much as in us lieth, to the said Edmond, to dispose and give all his Manors, Lands, Tenements, and Knights fees, with their appurtenances and Advowsons' of Churches, Abbeys, and Priories, and Hospitals, which he holdeth of us in chief, to whom he pleaseth, To have and to hold to him and his heirs, for us and our heirs, by the service thereof for ever.  
By which Grant the said Edmond gave all his Lands and Tenements to one William son of John Deyncourt, and to his heirs of his body coming: And the said Edmond died the last year of Edward the second, and the said William in the time of Edward the third was summoned among other Barons to the Parliament, by virtue of the same gift, until his death, which was Anno 3. E. 3.  
It appeareth by divers offices in the time of King Edward the third, that John Handlow in the right of Maud his wife was seized of the Manor of Holgate, Acton Burnell, etc. for term of her life, remainder to Nicolas Handlow alias Burnell, son to the said Maud and John by a fine in the Court levied, and that John Lovel was next heir of the said Maud, and her firstborn son by her first husband: and afterwards the said Nicolas was summoned among other Lords to the Parliament, by reason of the fine aforesaid, and not the said John Lovel, who was next heir.  

Edward Burnell Baron of Holgate.  
Philip Burnell Baron of Holgate. 

Maud Burnell heir to her brother. 

John lovel the first husband. 

John Lord lovel. 

john Lord Lovel.      
John Handlow second husband 

Nicolas Handlow Baron of Holgate. 

Hugh Handlow, alias Burnell, Baron of Holgate.           
Thomas de Beauchamp the elder Earl of Warwick, by a fine levied 18. E. 3. entailed the Manor and Castle of Warwick, with divers other possessions, to himself for term of his life, the remainder whereof to Guy his eldest son, and to the heirs males of his body issuing; for want of such heirs the remainder to come to Thomas Beauchamp, brother to the foresaid Guy, and to his heirs males of his body issuing, etc. And afterwards the said Guy died without heirs male of his body, leaving two daughters and heirs living: afterward the said Earl died, and the said Thomas the son entered into the Castle and Manor aforesaid, with other the premises, and was Earl of Warwick by reason of the entail aforesaid, notwithstanding that Katherine, daughter of Guy, and next heir to the said Thomas the elder, was living 30. years after his death.  

Thomas Beauchampe Earl of Warwick. 

Guy de Beauchampe first son, obiit ante patrem, 30. E. 3. 

Katherine lived in 21. R. 2. 

Elizabeth.      
Tho. de Beauchampe Earl of Warwick, by reason of the entail, obiit anno 1. H. 4. 

Rich. Beauchamp Earl of Warwick obiit 17. H. 6.    
William Beauchampde Beauchamp L. of Aberganey obiit 12. H. 4. 

Richard de Beauchamp Earl of Warwick, obiit 9 H 5.       
Richard Earl of Arundel, by a fine, 21. E. 3. entailed the Castle, Town, and Manor of Arundel, with other Lands, to him, and to his heirs Males, begotten of the body of Ellenor his wife. By virtue of which entail John Lord Matrovers, Earl of Arundel, after the decease of Thomas then Earl, which died without heir Male, although the sisters of the said Thomas possessed divers Lands and honours, or the which the said Thomas died seized in Fee simple, war Earl of Arundel.  

Richard Earl of Arundel 

Richard Earl of Arundel, obiit anno 21. R. 2. 

Thomas Earl of Arundel obiit anno 3. H. 5.  
Elizabeth married to Tho. Mowbray, Duke Norfolk. 

Married to Lewthall. 

Jane Lady of Abergany.        
John Arundel, Knight, Lord Matrovers. 

John Arund. Lord Matrovers, obiit, 6. H. 4. 

Io. Arund. L. Matrovers, obiit 9 H. 5. 

Io. E. of Arun. by reason of the entail.           
Thomas Lord Barkley was seized in his demesne as of fee of the Castle of Barkley, and Manor, etc. and a fine levied in the King's Court 23 E. 3. of the aforesaid Castle, Manor, etc. to him for term of his life, remainder to Morris his son, and to the heirs males of his body issuing, with other remainders as aforesaid: the which said Morrice had issue Thomas Lord Barkley, and james Barkley Knight; which james died in the life of his brother, leaving james his son and heir living. After, the said Thomas Lord Barkley died Anno 5. H. 5. leaving Elizabeth his daughter and heir married to Richard Earl of Warwick; after whose death james his Nephew on the brother's side entered into the Lands, Castles, and rem' aforesaid, by virtue of the entail, and was summoned among the Barons to the Parliament, as Baron of Barkley 9 H. 5. which Elizabeth died in 1. H. 6.  

Tho. Lord Barkley. 

Morrice Lo Barkley. 

Tho. Lord Barkley. 

Eliz. married to Rich Earl of Warwick.    
Sir ja. Barkley died before his brother 

james Lo. Barkley by reason of the entail.         
Thomas Lord Delaware died seized in his demesne as of fee tail, to himself and to the heirs males of his body issuing, by reason of a fine levied in the time of his ancestors of the Barony Delaware, with divers other lands in other counties, and died 5 H. 6. without heirs of his body; and Reignold West Knight of the half blood was next heir, by reason of the entail aforesaid, and was summoned to the Parliament, by the name of Reignold Lord Delaware Knight, although john Griffith was heir general of the aforesaid Thomas Delaware, being of the whole blood, as appeareth by the genealogy ensuing.  

john Lord Delaware, son of Roger. 

john Lord Delaware 

Elisabeth daughter to Adam L. Wels. 

john Lord Delaware died without issue.  
Thomas Lord Delaware died without issue.    
Roger Lord Delaware. 

Elisabeth daughter to the Lord Mowbray his second wife. 

john Griffin heir general to the Lord Delaware. 

Sir Reignold West Lord Delaware by the entail.            
Katherine married to Nicolas Latimer. 

Katherine married to Griffin. 

johan married to Tho West Knight.       
John de Vere, Earl of Oxford, seized in his demesne, as of Fee tail to him and his heirs Males of his body, issuing of the honour and county of Oxford, with divers other Lands, Anno 18. H. 8. died without heirs of his body, and his three sisters were his next heirs general, but john de Vere his next heir Male, as appeareth, was Earl of Oxford, by reason of the said entail, and none of the three sisters obtained Dignity.  

Richard de Vere Earl of Oxford, died 4. H. 5. 

john de Vere Earl of Oxford, died 1. E. 4. 

John de Vere Earl of Oxford died without issue, 4. H. 8.  
George de Vere Knight. 

john de Vere Earl of Oxfo. died without issue, 18. H. 8.  
Eliz. married to Sir Antho. Wingfield Knight.  
Ursula married to Edm. Knightley Esq.  
Dorothy married to Nevil.      
Sir Robert de Vere Kt. 

john de Vere.  
john de Vere 

john de Vere Earl of Oxford, by virtue of the entail.         
William Lord Paget of Bewdesert was seized in his demesn as of fee, of the Baronies of Langden and Hawood, and of, and in the Manors of Bewdesert, Landen, etc. And being so seized, by fine quinto Mariae entailed the Baronies and Manors aforesaid to him and his heirs males of his body issuing: And afterward Anno 5. Eliz. died, leaving Henry his son next heir male. Which Henry entered into the Baronies and land aforesaid, by virtue of the foresaid fine, and died thereof seized 11. Eliz. leaving Elizabeth his only daughter and heir. After whose death Thomas Paget, brother and heir male of the said Henry, entered into the Baronies and Manors aforesaid, and was summoned to the Parliament by virtue of the aforesaid fine.  

William Lord Paget of Bewdesert deed anno 5. Eliz. 

Henry Lord Paget died An. 11. Eliz. 

Elizabeth his daughter and heir.    
Thomas Lord Paget, by force of the entails, after the death of his brother     
Robert Lord Ogle entered into the Barony of Bothal and Ogle, with divers other Manors and Lands in the County of Northumberland, by conveyance; which was to himself for term of his life, the remainder to the heirs males of his body begotten; and he took to his wife Dorothy Witherington, by whom he had issue Robert Ogle his eldest son, and Margery his daughter married Gregory Ogle of Chippington: And the said Robert the father, after the death of the said Dorothy his wife, took to his second wife joane Ratcliff, by whom he had issue Cuthbert his second son; and after died. After whose death Robert the son was Lord Ogle, from whom the same descended to Cuthbert, being brother of the half blood, by virtue of the said entail, and not to the said Margery, nor unto her heirs, being of the whole blood unto the said Robert the son.  

Robert Ogle Lord Ogle. 

Dorothy daughter of Henry Withrington first wife.  
Robert Ogle L. Ogle died without issue.  
Margery married to Ogle of Chippington. 

Cuthbert Ogle of Chippington.    
Cuthbert Ogle L. Ogle died.  
Margery Ogle married Robert Witherington. 

Thomas Ogle.    
Joan the daughter of Cuthbort Ratcliff Kni. the second wife.     
Moreover, concerning the second objection, it is very true that many ancient Manors, which were anciently holden by Barony, as the head or parcel of a Barony, are now in the hands of Gentlemen mean and un-noble by blood, who neither do nor may claim any Nobility or honour thereby. But the reason that some former gifts made by the King's Majesty's progenitors, the supreme Sovereigns of this Realm, to such as they honoured, in augmentation and support of their honour, and by honourable services, should thus come to the hands of mean personages, are twofold.  
First, for that such Manors have been aliened by licence unto such persons before spoken, whom such possessions alone cannot make noble.  
Secondly, (and that was usually such Manors as were holden by Barony) have upon divers encheasons and occasions come to the Crown, by way of revertor, or escheat, or forfeit, by means whereof the ancient tenors derived from the Crown (by reason of those lands so coming again to the Crown) were extinct, and after the said lands were given or conveyed to others, reserving other services than those which at the first were due for the same; so that it was no marvel to see that some Manors anciently holden by Barony, or other honourable service should now be holden in soccage, or by other trivial or mean tenure.  
As to that which was thirdly objected, that some ancient Barons there are which have aliened and sold away those Castle and Manors, of the which they have and do bear the name and dignity; and yet nevertheless themselves do still retain and keep lawfully their estate, dignity and degree of a Baron, and have been and are called to the Parliament, such alienation notwithstanding. To this I answer, That it is true, but it proveth nothing against the former resolution: And therefore for better satisfaction of this observation, it is to be considered, that such Barons either be originally Barons by writ, or Barons by tenure. Barons by writ (in this respect now in hand) are of two kinds; For either in such writ, whereby they or their Ancestors were at first summoned, they were named only by their own names; or else there was addition given them of the principal place of their abode; which was done either for distinction sake, to sever them from some honourable person of the same surname; or else to give them such honourable title by addition of the place, which place notwithstanding was not holden by Barony: And therefore if such a Baron do alien away that place which anciently was his seat, he may nevertheless retain his honourable title, in respect had of such a place.  
But if a Baron by tenure do alien away the honourarable Castle, or Manor holden by Barony, unto a mean person, not capable of honour, and that by sufficient licence so to do, and after the alienour which made such alienation be called by writ to the Parliament, under the title, or as Baron of such Honour, Castle, or Manor so aliened, he is not any more a Baron by tenure in respect of that place, for that he hath aliened that away which he held by Barony; but thenceforth, after such writ of summons, he is become a Baron by writ, and may retain the name of Baron by title of the place, as Baron by writ, such alienation notwithstanding; forasmuch as the writ directed at the pleasure of the Prince, doth give unto him that addition of name and dignity. And thus much touching the resolution of the said question, and satisfaction of the said objections, and of Barons by tenure.    

BARONS by writ, which is the second kind of Barons mentioned in the former Divisions of BARONS.  
A Baron by writ is he, unto whom a writ of summons (in the name of the King) is directed, to come to the Parliament, appointed at a certain time and place to be holden; and there, with his Highness, the Prelates, Nobility, and Peers, to treat and advise touching the weighty affairs of the Realm: The form of which writ is much to the effect of the writ before mentioned in the title of Earl; which kind of writ is as well directed to the Barons by tenure, as Barons by creation, Patent, or otherwise. But those which are not Barons by tenure, nor by Patent, and have only such writs, are therefore called Barons by writ; and upon receipt of such writ, and place taken accordingly in Parliament, aught to enjoy the name, dignity, and honour of a Baron.  
Touching the antiquity of Barons by writ only, and their first institution, I find little or no mention before the time of H. 3. And therefore I conceive that either the first of all, or at least that the first frequent use of such Barons was had and devised 49. H. 3. in case of necessity, and upon a lamentable occasion. For in the discord between the King and his Nobility, in those troublesome wars, seditions, and rebellions, which they moved against the said King, there were many cruel battles fought, to the great effusion of English blood: of which rebellions Simon Earl of Leicester was ringleader, for the defence of liberties (as they pretended) granted by Magna Charta, and the Charter of the Forest, which are even to this day the principal grounds of the positive Laws, and are the most ancient statutes in use within this Realm, and for defence of other constitutions and ordinances then made at Oxford: And after divers fields fought by them at Northampton, Rochester, Lewis, and other places; last of all was the catastrophe of that tragedy finished at Evesham, where the said Earl of Leicester was slain, the King had the victory, and the rebellious Barons had the overthrow; whereupon presently ensued the Parliament holden at Winchester, and a●ter at Westminster, where such of the Barons as were slain in the field against the King, and such others of them also as were taken captive, and were fled, were to be attainted and disinherited of their live: wherefore for as much as the number of Barons who had continued faithful unto the King, was small. (who were the Peers upon whose trial then these things were to be accomplished) it was holden a necessary policy to supply the number of the diminished Barons, and to fill up their rooms in Parliament with other wise and fit men, of the best account and livelihood, upon summons by writ: By reason whereof at those Parliaments were called the Abbots and Priors of the Realm, as well those that held not by Barony, as others: and divers others of the most worthy of the Laity not holding by Barony: And these by means thereof were thenceforth Barons by writ. But certain of the said Abbots and Priors, which held not by Barony, and thought it a burden to their houses, got themselves upon petition afterward to be exempt, as by divers records thereof remaining in the Chancery may appear.  
This moreover is to be noted concerning the writ of summons to the Parliament, that these writs in form of their direction are divers. Some directed by special name of Barons: as, Rex, etc. Edmundo Baroni de Staffort; Johanni Baroni de Greystock: Johanni Baroni Dudley. Some others by the name of the party, with addition of the place; as, Johanni Stronning de Knocking Militi; Edmundo Grey de Ruthin Militi; Edvardo Grey de Grooby Militi; Johanni le Scroop de Masham Militi; Willihelmo Zouch de Harrington Militi; naming the chief Castle or Manor of such Baron, which always standeth afterward for the head place of the Barony: wherefore the said Baron and his heirs shall be surnamed and called, and shall continue that name of place, although he do alien away the same, as before is said. Some others are named in this manner, with the title of Lord; as, Johanni Beauchamp Domino Clinton, Henrico Piercy Domino de Poynings. To some others the said writ is directed only by their name, without any addition of place or dignity; as, Willihelmo de Lovel Militi, Tho de Scales Militi, Willihelmo Devereux Militi. See Tho. Mills Nobility Political and Civil.  
But the nature, quality, and condition of these Barons by writ is aptly discovered by the debate of a question often moved among men, and spoken of concerning the descent and continuance of a Barony by writ: which question for the more orderly disposition thereof, I do divide into these articles or points.  

Question.  
First, whether a Barony by writ may descend from the Ancestor to the heir, or not?  
Secondly, admit such a Barony may descend, then whether it do descend to the heir female or not, if there be heirs male, though not so near as the females.  
Thirdly, admit it do descend to the heirs females, then whether may the husband of such heir female take upon him the name, stile, and dignity of such Barony in jure uxoris, or not?  
As touching the first question, it shall be requisite for the more satisfaction of all men to allege such principal reasons as are wont to be produced on both parts.  
Those therefore that maintain the negative part, denying that such Barony should descend, do strengthen themselves with these or the like arguments, viz.  
Nobility and honour, which are given in respect of wisdom, counsel, and advice, being gifts of God to the person of a man, cannot extend to any other person, or descend from one man to another: for it is a rule of the law of reason, Quod privilegium personale personam sequitur, & extinguitur ad personam: But such is the dignity of a Baron by writ: Therefore it is reason that it should not descend from the Ancestor to the heir.  
Again, if the calling to Parliament by writ be the efficient instrumental cause of such Nobility to the Ancestor, the not calling of the heir is the loss of that Nobility; for if the heir have defects of nature in him, as Idiocy, Frenzy, Leprosy, and such like, whereby he is unfit for counsel and conversation, by what reason should he enjoy that dignity whereof he is either unworthy, or uncapable: for the effect hath no place where the cause doth fail. And hereof they do conclude that such dignities of Baronies by writ should not descend.  
Of the contrary part the affirmative part is proved thus, viz. Honour which is given in respect of the wisdom and virtue of him upon whom it was first bestowed, is not only a due recompense for himself while he liveth, but also a memorable reward thereof in his Posterity. The words of Cicero to this effect are most excellent, Hominis boni semper Nobilitati favemus, & quia utile est reip. esse & homines dignos majoribus suis, & quia valere debet apud nos claros hujusmodi senes fuisse, ne reip. moriretur memoria etiam mortuor, honour. Therefore this kind of honour is patrimonial and hereditary, for things which are once granted to a man by the King for his honour, are not again to be returned, either to his loss and discharge, or to his heirs.  
Secondly, if the infamy of the Ancestor be a blot to the Posterity, as affirmeth the wise man, The children complain of an ungodly father, because they are reproved for his sake: And for that also the Law of the Realm doth corrupt the blood of the Posterity by and upon the offence of Ancestor, reason would also that the honour due to the Ancestor should be likewise honour to the posterity: for contraries do carry also their contrary reasons.  
For the determination whereof it is to be noted, that diversity of reason hath bred diversity of opinion.  
Some men there are that think that the dignity of a Baron by writ is not descendable from the Ancestor to the heir, unless the heir be likewise so called by writ to the Parliament, and that then it becometh an inheritance, and not before.  
But this objection is repugnant to the nature of a descent, which (for the most part) doth carry the patrimony descendable by act in law, presently upon the death of the Ancestor unto the heir, or not at all. Wherefore the custom of our country, and manifold precedents do prove, that this kind of Barony doth descend from the Ancestors to the heir, and there needs not any words of heirs in the writ of summons. Only one precedent there is in a special writ, sometimes directed to Sir Henry Bromsted in 27. H. 6. wherein he was styled Lord Veysey; wherein there are these words inserted, Volumus tamen vos & haeredes vestros masculos de corpore vestro legitimè procreatos excuntes, Barones de Veysey existere, which is to be read in Co. 7. part. 33. b.  
Wherefore as it is true, that where the heir of any such Baron by writ is called to the Parliament, that his descent of honour is thereby established and approved by the gracious judgement of our sacred Sovereign; so it is also true that if it shall stand with his Highness' pleasure that such heir shall not be summoned at all, (for none can come to so high a Council unless he be called) then that Nobility is much impaired, and in a manner extinguished, in the censure of all men; for that it had none other original but by writ of summons, from the which in the judgement of the supreme sovereign he is excluded.  
As to the second principal point, whether the Barony by writ may descend to the heirs females, it shall not be amiss likewise to view the reasons of either part, and by conflict of argument the truth may the better be discerned.  
Those that maintain the affirmative part do reason after this manner: In reason the sex of the heir female ought not more to bar her of the dignity, than the nonage of the heir male ought to bar him, although during his nonage he be unable to do the service; but as the service of the one is forborn for a time, so the sex of the other may at all times be supplied by the maturity and sufficiency of her husband.  
Offices of honour which do much import the public weal, being passed by inheritance, do descend to the heir female, if there be no nearer heir male. As the office of the high Constableship of England, which descended to the daughters of Humphrey de Bohun Earl of Hereford and Essex, a memorial whereof is in Dyer 285. but more at large in Keilway 6. H. 8.  
Also the office of Lord-Steward descended to Blanch daughter to H. Earl of Lancaster: the like may be said of the office of Earl Martial, which descended by an heir female unto the house of Norfolk; all which offices are unfit to be exercised by a woman, as it is unfit for a woman to be summoned to the Parliament as a Baroness by writ. And many noble houses in England do support the dignity of Baronage unto them descended by women.  
They which stand on the negative part of this controversy, do encounter their adversaries on this manner, viz. The writ of summons to the Parliament, whereby the Baron by writ hath his original, is to call that honourable and worthy person so summoned to be one of the number of that right high and honourable Assembly, and to be a Judge to sit, hear, and determine life and member, plea and right of land, if there shall come occasion; likewise to give counsel and advice in the most weighty affairs of the Realm. But these things are convenient for the quality of men, unfitting and altogether unbeseeming the sex of women: Ergo, having respect unto the final purpose of such writs, such inheritances should only descend unto the heir male, and not unto the heir female.  
Secondly, if it shall be answered, that although the heir female to whom such inheritance is descended, be unfit in her own person for the accomplishing of these things, yet she may marry with one sufficiently able, for her, and in her behalf, to execute the same: this answer will neither satisfy nor salve the inconveniences. For admit that such heir female were at full age at the death of her Ancestor, unmarried, it doth lie in her own choice who shall be her husband; so shall the pleasure of the Sovereign in the choice of his Council, in the great causes of the Realm, be subject to the will of his subject in the choice of her husband, which were altogether inconvenient.  
Thirdly, if such husband shall be called in the right of his wife, the writ should make some mention hereof: for otherwise it may well be taken that the husband was chosen in his own person, and in behalf of himself, and not in regard of his wife, or such pretended dignity descended unto him: But there was never such writ of summons seen wherein the wife was mentioned; and if the husband of such wife have been called to the Parliament, which is always by generally writ, not mentioning his wife, he is now made thereby a Baron of himself, and in his own right, by that writ.  
Having thus heard both sides speak, place doth now require to interpose opinion to compound this controversy.  
This question or point is somewhat perplexed, by means of difficult precedents: for first, it is observed that some precedents do prove that Baronies by writs have descended unto heirs females, whose husbands have been called to the Parliament, whether in regard of themselves, or in regard of their wives it matten not. But sure it is, that the marriage of such Ladies gave them occasion so to be summoned; and such husbands and their posterity have and do lawfully bear the same name of dignity, which the Ancestors of such wife did before rightfully bear: For by this controversy there is no purpose to call the right of such noble houses into question. Howbeit, secondly, this is to be observed out of the precedents, and to be acknowledged of every dutiful subject, that the King's Majesty is nevertheless at liberty to call to the high Council of Parliament, whom his Highness shall in his Princely wisdom think most meet: which his Majesty's Progenitors have in former ages observed.  
And therefore whereas Radulph Lord Cromwell being a Baron by writ died without issue, having two sisters and coheirs; Eliz. the eldest married to Sir Tho. Nevil Knight, and Joan the younger married Sir Hunt Bourcher, he who had married the younger sister was called to the Parliament as L. Cromwell, and not the said Sir Tho. Nevil, who had married the elder sister. 3. It is to be observed, that if a Baron by writ die without heir male, having his daughter, sister, or other collateral heir male, that doth or can challenge the lands of the said Baron deceased, by any ancient entail or otherwise, the title of such heir female hath been heretofore allowed as by the honourable opinions and relations of the right honourable the late Commissioners in the office of Earl Martial, signified unto the late Queen, upon the Petition of the sister and heir of Gregory, late Lord Dacres deceased, may appear.  
Moreover, in the same Pedigree of the said Lord Dacres it is expressed, that Thomas, sometimes Lord Dacres, had issue Thomas his eldest son, Ralph his second son, and Humphrey his third son. Thomas the eldest, died in the life time of his Father, having Issue joan his daughter and heir, who was married unto Sir Richard Fines Knight. And after Thomas Lord Dacres, her Grandfather, and Father unto the said Sir Ralph and Humphrey died. After whose death, Henry 6. by his Letters Parents, bearing date at Westminster, 7. Novem. Anno 7. regni, reciting the said Pedigree, and Marriage, doth by his Letter a Patents accept, declare, and repute the said Richard Fines to be Lord Dacres, and one of the Barons of his Realm. But afterward in the time of Edw: 4. the said Humphrey Dacres after the attaindor of the said Ralph, and himself by an Act of Parliament, which was in 1. Ed. 4. and after the death of the said Ralph, and after the reversal of the same Act, by another Act, 12. Edw. 4. the said Humphrey made challenge unto the said Barony, and to divers Lands of the said Thomas his Father; whereupon both parties after their title had been considered in Parliament, submitted themselves unto the Arbitrement of King Edw. 4. and entered into Bond each to other for the performance thereof. Whereupon the said King in his award under his Privy seal, bearing date at Westminster, 8. April. Anno regni 13. did award, that the said Rich: Fines in the right of joan his wife, and the Heirs of his body lawfully begotten, should be reputed, had, named and called, Lord Dacres, and that the said Richard Fines, and the Heirs of his body by the said joane begotten, should keep, have, and use the same state and place in every Parliament, as the said Thomas Dacres Knight, late Lord Dacres had used, & kept, etc. that the heirs of the body of the said Thomas Dacres Knight, late Lord Dacres, lawfully begotten, should have and hold to them & their Heirs, the Manor of Holbech, And furthermore the said King did award on the other part, that the said Humphrey Dacres Knight, and the Heirs males of the said Thomas late Lord Dacres, should be reputed, had, named, and called the L. Dacres of Gillesland: And that he and the heirs males of the said Thomas then late Lord Dacres, should have use, and keep the place in Parliament next adjoining beneath the said place, which the said Rich: Fines Knight, Lord Dacres then had and occupied, and that the heirs of the body of the said joan his wife should have and occupy. And that the Heirs males of the said Thomas Dacres, late L. Dacres should have to them & to the heirs males of their bodies begotten, the Manor of Jothington, etc. And so note that the name of the ancient Barony, namely Gilestand, remained unto the Heir male, unto whom the land was entailed. Moreover, this is specially observed, if any Baron by writ do die, having none other issue then Female, and that by some special entail or other assurance there be an heir male which doth enjoy all, or a great part of the lands, possessions, and inheritances of such Barons deceased, the Kings of this Realm have used to call to the Parliament by writ as Baron such heir male, omitting the Husband or issue male of such heir female, and this also appeareth by a notable controversy in the time of Henry 7. between Sir Robert Willoughby Lord Brooke, and Richard Lord Latimer, for the Barony of Latimer which in effect was: The said Lord Brooke did challenge the Barony of Latimer, as cozen and Heir to Elizabeth his great grandmother who was sister and heir to john Nevil, Lord Latimer, who died without issue and hereupon exhibited a Petition to Henry 7. in Parliament, whereto Richard then Lord Latimer was called to answer, because he then enjoyed the said title and dignity; The said Richard Lord Latimer, by his answer did show that it was true that after the death of the said john Nevil, Lord Latimer dying without issue, the said Elizabeth was the sister and next heir, and married unto Sir Thomas Willlonghby Knight, second son of the Lord Willoughby, but Henry 6. for that the said john Nevil was dead without issue, and that the next heir was female, did therefore call to the Parliament, George Nevil Knight second son of Ralph Earl of Westmoreland to be Lord Latimer, as Cousin and next heir male of the said john Nevil Lord Latimer, which George was grandfather of the said Richard Lord Latimer, namely Father of Henry Lord Latimer, Father of the said Richard, In debate of which cause, the question now in hand whether a Barony by writ may descend unto the heirea semales, was advisedly considered of by the said King and his Nobility in Parliament, and in the end adjudged with the said Richard Lord Latimer: which Precedent doth afford us two judgements in this point, one in the time of Hen. 6. when the writ was directed to the said Sir George Nevil, whereby he was summoned as Lord Latimer to the Parliament, and as heir Male, and not the said Sir Thomas Willoughby Knight, husband of the said Eliza. heir male: And the second judgement was given in the time of Henry 7. whereby the Barony was adjudged unto the said Richard Lord Latimer coming of the special heir male, against the said Lord Brook descended of the general heir male.  
But here the Precedent before remembered of the Barony of Dacres may be objected to encounter this confusion: For there was an heir female martied unto Sir Richard Fines who by the declaration of Hen. 6. was Baron of Dacres in the right of his wife, and there was also Ralph and Humphrey the heir's males, before whom the heir female was preferred by the censure of Henry 6. and Edward 4.  
This objection is easily answered. For although Hen. 6. through the Princely favour which he bore unto Sir Richard Fines had declared him to be Lord Dacres in the right of his wife, yet notwithstanding did Ralph Dacres being heir male unto the then Lord Dacres deceased, bear also the name of 〈◊〉 Dacres, and by that name was attainted in Parliament. Wherefore the reason why the heir male could not be regarded was the said attainder of the said Ralph and Humphrey his brother, and therefore when Humphrey 12. Edw. 4. laboured to have the said attainder reversed, he submitted himself unto the Arbitrament of the King, who to satisfy both Competitors, because both had well deserved of him, after he had admitted them to his favour he allowed the one to be Lord Dacres, the other to be Lord Dacres of Gillesland; & thus much concerning the second point, whether a Barony by writ may descend unto the heir female or not.  
As concerning the third point, admitting such descent to be to the heir female, when there is no heir male at all that may claim the same, for than doth this question take place, whether the husband of such heir female shall enjoy the dignity in the right of his wife or no; wherein we are to rest upon a resolution had and given in this special question which was in this manner.  
In the time of Hen. 8. when Mr. Winbie took upon him the stile of Lord Talboys in the right of his wife, having none issue by her, the said King assisted both by Civil and Temporal Lawyers gave sentence, that no husband of Baroness in her right should use the stile and dignity until he had by her a Child, whereby he should become Tenant by the courtesy unto her inheritance.  
The special reasons that occasioned this sentence were two: First it should be inconvenient for her husband this day to be a Baron and Peer of the Realm, and to morrow by the death of his wife so become none, and that without the death of the party.  
Secondly, if he had issue by his wife and were in●●taled to be Tenant, by the courtesy of England of the wife's land; if he shall not also bear the stile and dignity of her Barony, then should his son after the death of his mother dying in the life time of his father be Baron and Lord without land, for so the Father should have the land as Tenant by the courtesy, and the son the Lordship without Land. And thus much said concerning the nature, quality, and estate of a Baron by writ, and for resolution of the several points and Articles of the question proposed may suffice.    

Barons by Batent, which is the third kind of Barons, mentioned in the former division of Barons.  
THere is also a fourth means of creation by act of Parliament, but the first a mentioned, and this by Patent are most for the honour of the King, for thereby the donation doth proceed from his highness only, as from the fountain of all honour and dignity, but when the creation is by Parliament, every one may be said donator, Cooks 8. part. 19  
A Baron by creation, by reason of Letters Parents, is that Noble person whom the King's Majesty, or any of his progenitors, Kings of the Realm, have created Barons by such their Letters Patents, But this manner of creating Barons by Patent, began in the Reign of R. 2. who created first john Beauchamp of Holt, Baron of Kidderminster by his Letters Patents, 8. October, anno 11. But Mils saith in 30. H. 6. this was brought in.  
This kind of dignity of Baron, shall be of such countenance in descent, or otherwise as shall be limited in the Habendi in such Letters Patents contained, for it may be but for the life of him, to whom it is gi●en, or for te●●e de anter vie, of some other man's life, as some hold opinion, in 9 H. 6.29. for Cuius est dare, ei●●est disponere, it may be in special a genetal tail, and this kind of estate tail, was usual before the Statute made 13. E. 1. by which estate tail in Lands and Tenements was created, as appeareth by the Patent, whereby Hubert de Burgo was made Earl of Kent, in the time of H. 3. by these words, Habend' sibi & hered' suis decorpore Margaretae uxoris suae s●roris Alexandri Regis Scotiae procreatis & pro defectu talis exitus, remanere rectis heredibus dicti Huberti, and that estates in tail are at this day titles of honour by the Statute of Westm. 2. vide nevil's case Cooks 7. part. 33. For the better explanation of this kind of dignity, the resolution also of certain questions shall be very requisite.  

Question.  
If a Nobleman, and his Progenitors have for a long time been called to the Parliament, and be a Baron, either by tenure or writ, & have had in regard thereof a place curtain in Parliament, if afterwards the same Nobleman should be created a Baron of that Barony, and by the same name by Letters Patents, whether shall he and his heirs retain his old place in Parliament, which he had according to the former dignity, or whether shall be lose his old place, and take a new place, according to the time of his creation only.   

Answer.  
The case of the Lord Delaware received a resolution somewhat answerable to this question. 
Cook 11. ●art. the Lord de ●a wares case.  Tho. Lord Delaware 3. E. 6. being in some displeasure with William West his Nephew, and heir, who was Father to the now Lord De la ware, procured ●n Act of Parliament, by the which the said Will, West was during his natural life only clearly disabled to claim, demand, or have any manner of right, title, or interest by descent, revenue, or otherwise, in, or to the manor, lands, tenements, or hereditaments, title and dignity of Thomas Lord De la ware, his Uncle: After the said Thomas De la ware died, and the said William West was in the time of the late Queen Elizabeth restored, and afterwards in the 8. year of her Reign, was created Lord De la ware by Patent, and had place in Parliament, according to his creation by Patent, for that by the said Act of Parliament, in the time of E. 6. he was excluded to challenge the former ancient Barony, and after he died, whether the new Lord Delaware should take his place to the ancient Barony by writ, or according to his Father's creation by Patent, was the question, the opinion of the late Queen's Counsel, being Her Majesty's Attorney General, and Solicitor, were that the acceptance of the new creation by the said William West, could not distinguish the ancient dignity in him at the time of his creation, but ahe dignity was at that time by the Act of Parliament, 3. Ed. 6. in obeisance, suspense, or consideration of Law, and he thereby utterly disabled to have the same during his life only: so as other acceptance could not extinguish that dignity, which he then had not, nor could not conclude his heir, who was not disabled by the said act of 3. Ed. 6. to claim the ancient Barony: which opinion of theirs was seen and allowed by the resolution; of the chief justice of England and Lord chief Baron, and so signified unto the Lord Keeper: but this is to be noted by the reasons made for the said resolution, that if the said William West had been Baron, and entitled, or in possession of the ancient dignity, when he accepted the said creation, the Law perchance might have been otherwise, but that remaineth as yet unresolved; nevertheless the rule codem mado quo quid constuitur dissolvitur, but by grant which is made a matter in fact, a man cannot transfer his ritle of honour, Cook 7. par●.  
And thus much concerning the three degrees of Barons within this Realm, may suffice to be said in general upon this occasion, for the better understanding and direction of that which followeth to be handled.  
And in this place I think it not impertinent to mention one case, which I read in the books of the common Law, concerning the descent of a title of honour, whereof the Ancestor had estate in fee simple.  
There is a maxim in the Law, Possessio fratris de feodo simplici facit' sororem esse heredem, the possession of the brother in see simple doth make his sister to be his heir. But if a man by any of the three names before mentioned be created into a title of dignity to him and to his heirs for ever, and he hath issue a son; and a daughter by one Venture, and hath also a son by a second wife, afterwards the Father dyeth, and his eldest son entereth into all his Father's inheritance, and also enjoyeth the title and name of dignity, which his Father had, but dyeth without issue.  
In this case the dignity shall go and deseend unto the younger son, though he be but of the half blood unto him, that last enjoyed that name and title by descent, and shall not descend unto his sister of the whole blood; and yet in this case she should only be her brother's heir of all his fee simple Lands, and the reason and cause hereof, is because Possessio fratris, because the possession of the brother is the main and sole cause, which may give title to her, his sister, which faileth in this cause of dignity: For it cannot be said, that her eldest brother was in possession of his title of honour no more then of his blood: For the dignity was inherent to his blood, so that neither by his own Act neither by any act to be done by another, did he gain any more actual possession (if so it may be termed) then by the law did descend unto him, and therefore the younger brother may well by the Law make himself heir unto his Father of the honour, though he cannot be heir unto his brother, so that this word (Possessio) which is none other than pedis positio, a fixing of the foot, extendeth only unto such things, of which a man may (by his entry or other 〈◊〉) and doth require actual possession, Cooks 3. part. ●●. Ratcliffs case.  
And having thus much dilated concerning the creates, and other things incident to the degrees of Novity: I cannot with silence pretermit something to ●●lare concerning that sufficiency and ability of estate ●hich the Law doth require to be in every of them, ●●rding to their several dignities.  
The Common Law that always will, that decorum ●●ed conveniency be observed; considering the charges ●●d expenses appertaining to these degrees and dig●●ies, being offices of principal service to the King ●●d the Realm, both in time of war and peace (as ●●th been said▪) hath ordered that each of them have 〈◊〉 convenient portion, and value of lands of inheri●●o● for the support of their honours, which supplies are as sinewer conjoined unto the same: For in virtue and in riches (as Aristotle counselleth) all the ●ld Nobllity consisted, and which two as Ecclesiastes ●●atheth●) maketh a good accomplishment: for saith he, V●ilior est sapientia cum divitiis conjuncta. Lambert's Perambulation of Kent, 368.  
Therefore a Knight ought to have 20. l. land by the year, a Baron 13. Knight's fees and a quarter, an Earl to knights fees: and this doth appear by the Statute of Magna Charta, cap. 2. For always the fourth part of such Revenues, which is by the Law requisite to the dignity, shall be paid to the King for relief: as for example: The relief of a Knight is five pound, which is the fourth part of 20. l. which is the revenue of a Knight: see the Statute hereof, 1 E. 2. and the relief of a Baron is a 100 marks, which is the fourth part of his revenues: that is to say 400. marke● year, which doth include 13. Knight's fees, an● quarter; and the relief of an Earl is a 100 l. wh●●● is the fourth part of 400. l. which is the revenue of Earl: and it appears by the Records of the Exchequer that the relief of a Duke amounteth unto 200. l. 〈◊〉 by consequence his revenue ought to be 800. l. per 〈◊〉 num, and this is the reason in every of our books, th● every of the Nobility is presumed in our law, 〈◊〉 have sufficient freehold, Ad sustinendum nomen & onus, and to what value these ancient Rents in ti●● of H. 3. & Edw. 1. at this day do amount unto, ever● man knoweth not Cook, 7. part. 33.  
And in cases of decay of Nobility, and meane●, 〈◊〉 Senatores Romani rere amotisenata, as senators of Ro● were removed from the Senate: so sometimes th●● are not admitted to the upper house in the Parliament though they keope the name and title of dignity sti●●● Sir Thomas Smith de reipub. Angl. 221. And by a Statute made 31. H. 8 ca 10. The Lords have their p●●●ces prescribed after this manner following: viz. the●● four, the Lord Chancellor, the Lord Treasurer, t●● Lord Precedent of the Council, and the Lord Pri●● Seale, being persons of the degree of a Baron, or 〈◊〉 'bove, and in the same act appointed to sit in the Parliaments: and all assemblies or Council above all doties, not being of the blood royal, viz. the King's brother, Uncle, Nephew: and these six the Lord Hi●● Chamberlain of England, the Lord Martial, and the Lord Admiral of England, the Lord Steward of the King's House, and the Lord Chamberlain of the Household by that act to be placed in all assemblies of ●●●ncell after the Lord Privy▪ Seale according to 〈◊〉 degrees and estates, so that if he be a Baron, 〈◊〉 he is to sit above all Barons, or an Earl above 〈◊〉 Earls; and so likewise, the King's Secretary be●●● a Baron of the Parliament, hath a place above all ●●●ons, and if he be a man of higher degree, he ●ll sit and be placed according thereunto.    

Privileges incident to the Nobility according to the Laws of England.  
When a Peer of the Realm, and Lord of the Parliament is to be arraigned upon any trea●●● or felony, whereof he is indicted, and whereupon ●●e hath pleaded not guilty; the King by his Letters ●●●tents, shall assign some great and sage Lord of 〈◊〉 Parliament to be High Steward of England, for 〈◊〉 day of his arraignment, who before the same day ●●all make precept to his Sergeant at arms, that is ●●pointed to serve him during the time of his Com●●ssion to warn to appear before him 18. or 20. Lords of the Parliament, or 12. at the least upon the ●●me day; and then at the day appointed, when the ●●igh Steward shall be set under the Cloth of State ●pon the arraignment of the Prisoner, and hath caused the Commission to be read: the same Sergeant shall return his Precepts, and thereupon, the Lords shall be called, and when they have appeared and set in their places, the Constable of the Tower shall be called to bring his Prisoner into the Court, who then shall bring his Prisoner to the Bar, and the H●● Steward shall declare unto the people, the cause, 〈◊〉 the King hath assembled thither those Lords and 〈◊〉 and persuade him to answer without fear, 〈◊〉 than he shall cause, the Clerk of the Crown to re●● his endictment unto him, and ask him, if he 〈◊〉 guilty or not, whereunto when he hath answers not guilty, the Clerk of the Crown, shall ask h●● how he will be tried, and then he will say by G●● and his Peers, and then the King's Sergeants 〈◊〉 Attorney, will give evidence against him, whereunto when the Prisoner hath made answer, th● Constable shall be commanded to retire the Prison's from the Bar to some other place, while the Lor● do secretly confer in the Court together, and the● the Lords shall rise out of their places, and consu●● amongst themselves, and what they affirm, shall be done upon their Honour, without any oath to be ministered unto them; and when they all, or the greatest part of them be agreed, they shall return to their places and sit down, and then the High Steward shall ask of the youngest Lord by himself; if he that is arraigned be guilty or not of the offence, whereof he is arraigned, and then of the younge●● next him, and so of the residue one by one, until he have asked them all, and every Lord shall answer by himself, and then the High Steward shall send for the Prisoner again, who shall be led to the Bar, to whom the High Steward shall rehearse the verdict of the Peers, and give judgement accordingly 〈◊〉 Stamford Pleas dol Corona, lib. 3. cap. 1. Poulton 188.  
The antiquity of this kind of trial by the opinion of the last recited Authors is grounded from the Statute of Magna charta so called, not in regard of the quantity, but in regard of the weight thereof; Cook Epistle to the 8. part, fol. 2. c. 29. beginning thus: Nullus liber homo etc. nec super eum ibimus, ne● super eum mittimus, nisi per legale judicium parvu' quorum. But I take it to be more ancient, than the ●●me of Hen. 3. as brought into the Realm with the Conqueror, being answerable to the Norman and French Laws, and agreeable with the Customs Fewdall, where almost all the controversies arising between the Sovereign, and his vassal are tried per judicium Parvu' suorum.  
And if a Peer of the Realm upon his arraignment of treason, do stand mute, or will not answer directly, judgement shall be given against him as a Traitor convicted, and he shall not be pressed to death, and thereby save the forfeiture of his lands; for treason is out of the Statute of Westminster; the first c. 12 15. E. 4.33. Dyer 205 and 300. But if he be arraigned upon an indictement of felony, he may be mute.  
It appeareth by this Statute of Magna charta, that a Peer of the Realm shall be tried by his Peers, only in case where he is indicted at the King's suit of treason or felony; for the words of the Statute be, (We will not pass or sit in judgement upon him but by his Peers;) But if an appeal of murder, or other felony be sued by any Common person against a Peer of the Realm, he shall be tried by Common persons and not by his Peers: Stam. Pleas deal Coron. lib. 3. cap. 1. Brooke trial 14● Poulton 188, 6. This privilege hath some restrain● as well in regard of the person, as in the manner of proceed.  
As touching the person; First, the Archbishops and Bishops of this Realm, though they be Lords of the Parliament, if they be impeached of such an offence, they shall not be tried by the Peers of the Realm but by a jury of Knights and other substantials persons upon their oaths, the reasons thereof alleged is, for as much, as Archbishops and Bishops cannot pass in like cases upon the trial of any other of the Peers, for that they are prohibited by the Common and Ecclesiastical Laws to be judges of life and death, and reason would that the other Peers should not try them, for this trial should be mutual, for as much, as is performed upon their Honours without any oath taken.  
And so by the way, you may see the great regard the Law hath to the word of a Peer of the Realm; when he speaketh upon his Honour, even in a case concerning the life of a man, and that of a Peer; and therefore ought they much more to keep their words and promises in smaller matters, when they engage their Honours for any fast cause or consideration. Crompton Courts. 13.  
Secondly, as touching the Persons no temporal Lords, but they that are Lords of the Parliament, shall have this kind of trial, and therefore, hereout are excluded, the eldest Son and Heir apparent of 〈◊〉 Duke in the life of his Father, though he be called an Earl, and it was the case of Henry Howard Earl of Surrey, Son and Heir apparent of Thomas Duke of Suffolk, in 38. H. 8. which is in Brooks abridgement, treason; likewise the Son and Heir apparent of an Earl, though he be called Lord or Baron: And all the younger Sons of the Kings are Earls by birth, though they have no other creation, but shall not be partakers of this, or other privileges incident to the Lords of the Parliament.  
Thirdly, those that are Barons of the Nobility of Ireland, or of Scotland, if upon the like offence committed in England, they be apprehended in England, they shall not have their trial by Peers, no though they were borne within England, for they received their dignity from a King of their Nations; But if the King of England at this day do create one of his subjects of Scotland to be Viscount Rochester within England, or by ordinary summons under his great Seal, do call him to his upper House of Parliament, & do assign him a place, and to have a voice there in his great Council, amongst the Lords and Peers of the Realm, he shall thereby also be a Peer of the Realm, and be partaker with them in all privileges; and thus much concerning the restraint of the said privileges in respect of the person; as touching the manner of proceeding, it appeareth, by the said statute of Magna charta c. 29. that a Peer of the Realm shall be tried by his Peers, only in case where he is indicted at the King's suit of treason or felony: for the words of the statute be, Nec super cum ibimus; But if an appeal of murder, or other felony be sued by any Common person by a Peer of the Realm he shall be tried by Common persons and not by his Peers, Stam. Pleas, deal Corone lib. 3. cap. 1. Poulton 118. and so was Fines Lord Dacres tried in appeal of murder; 33. H. 8. Brooke Abridgement trials, 142.  
The Nobility of this Realm enjoy that privilege, that they are not to be impanelled in any jury or Inquests, to make trial, or Enquiry upon their corporal oaths between party and party; for they may have their writ for their discharge to the Sheriff.  
Rex & Vic' Come▪ etc. quia barones regni nostri i● Assizis juratis seurecognitionibus aliquibus poni non consueverint ut dicunt nisi corum sacramentumadeo sit necessarium quod sine illis veritas inquire non potest; Tibi precipimus quod dilectum & fidelem nostram, A.B. in Assizis juratis seu recognitionibus aliquibus non ponas seu poni faciatis contra voluntatem suam sine mandato nostro speciali, nisi. suam presentia ob aliquam causam specialiter exigatur teste, etc.  
But it is a rule in Law, vigilantibus non dormientibus subveniuns jura: For if the Sheriff have not received any such writ, and the Sheriff have returned any Lords in juries, or in Assizes, etc. and they thereupon do appear, they shall be sworn, and if they do not appear, they shall lose their issues, 35. H. 6.46. and in such case they must purchase a writ out of the Chancery, reciting their privilege directed to the justices before whom such noble persons are so impanelled, commanding them to dismiss him or them, that were so impanelled out of the said panel, Fitz, na. br. 165.  
This privilege hath restraint in two cases; first if the Enquiry concern the King, and Commonwealth in any necessary or important degree, or business of the Realm, than this privilege is not allowed, nor taketh place; and therefore divers Barons of the marches of Wales were impanelled before the Bishop of Ely, and after Commissioners of Oyer and Terminer to inquire of a notable outrage, committed by Gilbert de Clare, Earl of Gloucester, against Humphrey de Bohu●, Earl of Hereford, and Essex; and his Tenant in Wales the 12th. year of Ed. 1. where John de Hastings, Edmond de Mortimer, Theonald de Bordmor, and others Barons of the Marches, challenged their Privileges aforesaid, and much insisted upon the same, but it was afterwards answered by the Courts, as by the words in the Records appeareth; Domino quod res ista Dom. Regem & Coronam & dignitatem suam tangit. dictum fuit Dominum Regis Johan. de Hastings, & omnibus aliis magnatibus supra nominatis quod per statu & jure Regni, & per conservatione dignitatis Coronae & pacis suae apponunt manum ad librum ad faciendum, id quod eis ex  Dom. Regis in jungeretur, The Barons aforesaid did nevertheless persist in the Challenge, and in the end both the said Earls between whom the said outrage had been perpetrated, submitted themselves to the King's grace, and made their Fines.  
Secondly, this Privilege hath no place in case of necessity, where the truth of the case cannot otherwise come to light; for the words of the Writ in the Register before mentioned are Nifi sua presentiae ob aliquam● causam specialiter exigatur. etc. Register, 179. If a Nobleman do bring an Action of debt upon an Account in case where the Party is to be examined, which is always intended to be upon Oath, upon the truth of his cause by virtue of the Statute of 2. H. 4. cap. 8. It shall suffice to examine his Attorney and not himself upon Oath. 3. H. 6.48. Cook 6. part 53.  
And this Privilege the Law doth give to the Nobility, that they are not to be arrested by any Warrant of any Justice of the Peace for the peace, or for the good behaviour, nor by a supplicavit out of the Chancery so called, because it issueth out at the supplication of the party, or from the King's Bench, for such an opinion hath the Law conceived of the peaceable disposition of Noblemen, that it hath been thought enough to take their promise upon Honour in that behalf, Lamb. Justice of Peace, lib. 2. cap. 2. Fol. 17. E. 44.24. E. 3.33. subpenae, Fitz, 20.  
And as in civil causes, the like rule doth the Court of Equity observe in causes of conscience; for if the desendant be a Peer of the Realm in the Star-Chamber, or Court of Chancery, a Subpena shall not be awarded, but a Letter from the Lord Chancellor, or Lord Keeper, in lieu thereof, and if he do not appear, no attachment shall go forth against him. For in the 14. Year of the late Queen Eliz. the Order and rule was declared in the Parliament Chamber, and so to be enrolled in the Parliament, that attachment is not to be awarded by Common Law, custom or precedent, against any Lord of the Parliament, Dyer, 315. a. and if he do appear, he may make his Answer to the Bill of complaint, upon his Honour only, and is not compelable to be sworn.  
By the Statute 5. Eliz. chap. 1. It is enacted, that all Knights, and Burgesses of the Parliament, shall take their Oath for the Supremacy, and so shall Citizens, and Barons of the Cinque-ports being returned of the Parliament, before they enter into the Parliament House, which Oath shall be according to the tenor, effect, and form of the same Oath verbatim, which is▪ and as it is already set forth to be taken in the Statute, 1. Eliz. provided always that for so much as the Queen's Majesty is otherwise sufficiently assured of the faith and loyalty of the temporal Lords of her ●igh Court of Parliament; Therefore this Act nor any thing therein contained, shall not extend to compel any temporal person, of or above the degree of a ●aron of this Realm, to take or Pronounce the Oath abovesaid, nor to incur any Penalty limited by this Act, for not taking or refusing the same.  
If any Peer of the Realm be sued in the Common Pleas, in an Action of debt, or trespass, and Process are awarded against him by Capias or by Exigent, than he may sue a Certiorare in the Chancery, directed to the Justices of the Common Pleas, testifying that he is a Peer of the Realm, and the Writ is thus.  
Rex. etc. justiciarijs suis de banco salutem, mandamus vobis quasi G. F. miles corum nobis ad sectam alicujus per Actionem personalem in placitatus existat. talem processum & non alium versus ipsum in actionem predicta scire saciat qualem versus Dominos, magnates, Comites, seu Barones, Regni nostri Anglium qui ad Parl. nostra de suminicionem nostra venire debent aut eorum aliquem secundum legem & consuetudinem regnum nostri Angl. feri faciendum quia pred. G T. unius Baronum Regnum in pred. ad Parliamentum, nostri de suminitionem regia venient, record. & hoc vobis mandanus, & alijs quorum interest innatescimus teste est. lan. H. N B. fol.. 247.  
For unless the Court be judicially certified by the Kings Writ out of the Chancery, that the defendant is a Lord of the Parliament, If a Capias or Exigent issue forth against him no error, neither is it punishable in the Sheriffs his Bailiffs, or Officers, if they execute the said process, and Arrest the body of the said Noble person, for it appertaineth not to them to argue or dispute the Authority of the Court, but if the Court be thereof certified in form aforesaid, they will award a Supersedeas which is in the Book of Enteries in the Title of Error, Sect. 20. and there are two reasons or causes, wherefore no Capias or Exigent lieth against any Peer, the one because of the dignity of their persons, the other by Intendment of Law, there is none of the Nobility but have sufficient Freehold which the Plaintiff may extend for their payment or satisfaction, but a Capias or Exigent lieth against a Knight, for the Law hath not that opinion of his Freehold, as the Court said in 26. H. 8. vide 27. H. 8.22. in Brookes abridgement Exigent, 2. & 3. Cooko 6. part 52. & 54.  
And if any of the Nobility happen to be so wilful as not to appear, the Court will compel the Sheriff to return great issues against him, and so at every default to increase and multiply the issues, as lately against the Earl of Lincoln hath been in practice.  
By the Ancient Laws of this Realm before the coming of William the Conqueror, many good Laws were made for the keeping of the peace, amongst others that every man above the Age of 12. years should be sworn to the King, as you may read more at large in Lambert's perambulation of Kent, 21. which we in remembrance thereof do keep at this day in view of Frankpledge or leete Court; but Noblemen of all sorts are neither bound to attend the Leete, nor to take that Oath as appears by Britton cap. 29. treating of this Court called the Sheriffs Turn Courts, of which the Leete seems to be extracted and agreeable, thereunto is the Statute of Marlbridge, cap. 10. in these words, de turnis vice contra provisum est, quod necesse non habeant ubi venire Archiepiscopi, Episcopi, Abbates, Priores, Commits, Barones, vide, the Lord Chancellor's Speech in the case of Post-nari, fol. 78.  
If a Writ of Error be brought in Parliament upon a Judgement given in the King's Bench, the Lords of the higher House alone without the Commons are to examine the errors, vide Jbid. fol. 22.  
In 11. H. 4.2. b. In a case concerning a distress taken for expenses and Fees of the Knights of the Parliament, it is agreed for Law that the Baronies and other Lands as are parcel of their ancient Lordships and Baronies, but for other Lands they are. But there is a question made, one which is no Baron, but ignoble do purchase any ancient Barony, whether he shall be discharged of such ignoble purchase, by reason only of such his purchase, challenge, or pretence to have Nobility and place in Parliament, as before in this treatise more at large appeareth; for as Lands by Villainy service do not make a Villainy or Bondman, which being free doth purchase the same, as Littleton doth teach lib. 2. cap. 12, though by his Tenure he shall be bound to do such Villainy service, so of the other side, and that is holden by Barony, doth not make the villainy peasent or ignoble which purchaseth the same, to be noble, although the charge of such tenure do lie upon him in respect of the service of the Realm.  
It is said in our Books, that a day of grace or by the favour of the Court is not to be granted to the Plaintiffs in any Suit or Action wherein a Nobleman is defendant, 27. H. 8.22. 27. E. 3.88. because thereby the Nobleman should be longer delayed than the Ordinary course of the Court is, and such Lord is to have expedition of justice in respect that he is to attend the Person of the King, and the Service of the Commonwealth, but if there be no ignoble person party to the Suit; the Judges do and may at their discretions grant upon a motion and prayer, a day or more of trial otherwise then by the strict course of the Law the Plaintiff may challenge.  
Cambden fol. 169. writing upon the Subject saith; where the Noble man is demandant the Tenant may not be essoyned; for the delay and causes aforesaid, to which I would also subscribe but that the Book of 3. H. 4, 5, 6. is otherwise adjudged (if I do misunderstand it) there the King brought a Quare Impedit. against a Common person, and the defendant was essoyned by the rule of the Court; Therefore a fortiori, he might be essoyned against a Nobleman.  
If any Peer of the Realm, being a Lord of the parliament, be plaintiff or demandant, defendant or Tenant, in any Action real or personal, against another, whereupon an issue is to be tried by a Jury, the Sheriff must return one Knight at the least, to be of the Inquest, otherwise upon a challenge made the whole Pannell shall be quashed, which by the order of the Law is apppointed to be done, for Honour and reverence due to the persons of that degree, for (as the words of the Book are) when a Peer of the Realm is party, the Law is otherwise, then when the Suit is between other persons, Fitz. Chall. 113.13. E. 3. in a Quar. Impedit. against a Bishop adjudged, Plowd. 117. Dyer 208. b. 27. H, 8.22. b.  
But the Earl of Kent by the name of Reignald Grace Esq. brought a Writ of Entry against Sir H. G. Knight, 4. Eliz. and the parties did plead to an issue, the venire facias was awarded, which the Sheriff did return served, and a Pannell returned according, in which panel there is no Knight named▪ the truth of which Cause was, that after the return made, the demandant is published and declared by the Queen and the Heralds, to be Earl of Kent, in right and by descent, although he had not been so reputed, or named Earl before, and also after that time (that is to say) at the then last parliament, the Tenant is made a Baron by a Writ of parliament, and both parties have places and voices in parliament, and then the jury do appear in the Court of Common pleas, and the Earl of Kent did challenge the array, because no Knight was returned, but it was not allowed him by the Court, for the admittance of both parties as to the contrary; and no default can be laid to the Sheriff; for he had no notice of the honourable estates of either of the parties, the demandant not being then known or reputed to be an Earl by descent or of the Tenants then also being no Baron. Dyer, 318.  
How much the Common Law hath always prohibited perpetuities in Lands and Tenements, you may see in Corbets Case, in the first part of Sir Edward Cook's Book, Folly, 84. and in many other Cases in the rest of his Books, also Littleton Fol. 145. saith, it is a Principle in the Law, that every Land of Fee-simple may be charged with a Rent in Fee-simple by one way or other, but of the King's Majesty upon the Creation of any Peer of the Realm, Duke, marquis, Earl, Viscount, or Baron, do (as the manner is) by his Letters. Patents give unto such new created Noblemen an Annuity or Rent for the support of his degree, which they call creation Money, this is so annexed unto the Dignity, that by no grant, assurance, or any manner of Alienation it can be given from the same, but is still incident, and a support of the same Creation, Dyer fol. 21. etc.  
In all Cases wherein Suit of Law, a Baron or Peer of the Realm, is to be amerced (other than a Duke) his amercement is no less t●e 12 100 s 9 E. 4.9. 21. E. 4.77. 38. E. 3.31. 9 H. 6.21. but the amercement of a Duke is 10. l. 19 E. 4.9. 1 H. 6.7. although the Statute of Magna Charta, Chap. 14. be in the negative, viz. Comites at Barones non amerciantur nisi per pures suos et non nisi secundum modum delicti, and yet the usage hath ●educed it into a certainty, also by the same Statute it appears, that such amercements should be afferred per ●ures suos, but for that it were troublesome to assemble ●arons for so small a matter, such amercements in times ●ast hath been afferred by the Barons of the Exchequer, who sometimes were Barons of the Realm, as is be●ore in this Treatise mentioned, and hereof writeth Bracton, Lib. 3. Tract. 2. chap. Fol. 116. viz. Comites ●iero vel Barones non sunt amerciandi, nisi per paces suos secundum modum delicti, & hoc per Barones de Scacario vel coram ipso Rege. Vid. Cook 8. part, 39 & sequentiae, this Section is to be omitted, because it is more fitly to be written hereafter.  
If a Plaintiff recover against a Peer of the Realm, in an Action of debt or trespass, upon such a Plea pleaded by him, or other default in him, so that a Fine thereby doth grow to the King, and thereupon on a Capias per Fine issueth out against him, this shall not prejudice that Nobleman, so as the Plaintiff may thereby take advantage by prayer that he shall abide in Execution, for the Plaintiff neither without his prayer, nor though he do pray it, by the opinion of Brian, Justice 14. H. 7.21.  
Whereas by a Statute made 32. H. 8. Cap. 16. It is enacted, that the Subjects of the Realm shall not keep in their Families or Houses above the number of Four Strangers borne, nevertheless by a proviso in the said Act, every Lord of the Parliament hath his privilege allowed unto him to keep in his Family the number of six Strangers borne, any thing in that Act to the contrary notwithstanding.  
By the Statute of 24. H. 8. Cap. 13. a. A Privilege was granted to the Nobility according to their degrees concerning their Apparel, but because by a Statute made in the first Year of the King that now is, Chap. 25. all Laws and Statutes made concerning Apparel, are taken away, I leave further to speak of that matter 1. Jac. cap. 25.  
By the Statute of 5. R. 2. cap. 12. The King our Sovereign Lord of his Royal Majesty defendeth the pass utterly of all manner of people, aswell Clerks as others, in every Port and other Town and place upon the Coasts of the Sea, upon the pain of forfeiture of all their goods, except only the Lords and other great men of the Realm, and true and Noble Merchants, and the King's Soldiers, and every person than is before excepted, which after publication of this Ordinance made shall pass out of the said Realm without the King's special Licence, which Licence the King willeth and commandeth that it be not from henceforth made, but in one of the Ports under written, that is to say, London, Sandwich, Dover, Southampton, Plymouth, Dartmouth, Bristol, Yarmouth, St. Buttolphe, Kingston upon Hull, Newcastle upon Tine, and the other parts and passages towards Ireland, and the Isles pertaining to England, shall forfeit towards the King as much as he hath in goods as afore is said, but because this Statute is also taken away by a ●●te Act of Parliament, made in the fourth year of King James. cap. 1. I do not set down this for ●ne of the Privileges appertaining to the Nobility 〈◊〉 this day.  
But Philip Earl of Arundel Son of Thomas Duke of Norfolk, was taken upon the Sea passing in●o France, about the 30. year of the late Queen, ●nd was fined in the Star-chamber to a great sum, because he did not take Shipping at one of the Ports mentioned, Cromptons' Courts 31. Whereas by the Statute of 2. H. 2. Parl. 2. cap. 1. It is ordained, that the Justices of Peace in every County named of the Cuorum should be resident in the Shires wherein they are Justices, there is a Proviso whereby the Lord and Peers of the Realm named in such Commission are excepted.  
By the Statute of 1. E. 6. cap. 12. amongst other things, it is enacted, that in all and every case and Cases where any of the King's Subjects shall and may upon his Prayer have the Privilege of his Clergy, as a Clerk Convict, that may make purgation in all those Cases and every of them, and also in every Case and Cases of Felony, wherein the privilege and benefit of Clergy is taken away by this Statute (wilful malice and poisoning, of malice prepensed) only excepted the Lord and Lords of the Parliament, and Peer and Peers of the Realm having place and voice in Parliament, shall by virtue of this Act of Common grace upon his and their Requests and Prayer, alleging that he is a Lord or Peer of the Realm, claiming the benefit of this Act though he cannot read without burning of the Hand, loss of Inheritance, or corruption of his blood, be adjudged, deemed, taken, and used for the first time only to all Instructions, intents, and purposes as a Clerk Convict, which may make purgation without any further or other benefit of the Clergy to any such Lord or Peer from thenceforth at any time after, for any cause to be allowed, adjudged, or admitted any Law, Custom, Statute, or any thing to the contrary notwithstanding.  
By this Statute a Lord of the Parliament shall have the privilege of his Clergy, where a common person shall not, viz. for the breaking of a house by day or night, for robbing of any in the high way, and in all other cases excepted in the Statute of 1. E. 6.12. saving in wilful murder, and poisoning.  
But in all other cases wherein Clergy is taken away by any Statute made since the said Statute of 1. E. 6. he is in the same Degree that a common and inferior person is, but the Court will not give him the benefit of this Statute, if he do not require it.  
If the Lord of the Parliament doth confess his offence upon his Arraignment, or doth abjure, or is outlawed for Felony, it seems that in those cases he may have the benefit of this Statute, viz. his Clergy, for that by the Statute of 18. Eliz. cap. 18. he nor any other need to make his purgation, but shall be forthwith delivered out of prison by the Justices, sed quaere Poulton, 202. b.  
By the Jmperiall Constitutions Nobiles non torquentur in quibus plebeij torquerentur & nobiles non suspenlantur sed decapitantur; and so it is almost grown into a Custom in England by the favour of the Prince, for rare is it to have a Nobleman executed in other form, yet Thomas Fines Lord Dacres of the South in 33. H. 8. and Lord Sturton 4. Mar. were hanged, Brook jury 48.  
In the first year of the late Queen Eliz, cap. 1. in the Acts of Parliament, for the uniformity of Common Prayer, etc. there is contained this proviso, and be it enacted and ordained, that all the Lords of Parliament for the third offence above mentioned, shall be tried by their Peers and not by any Ecclesiastical Courts, read the Statute at large.  
At the Common Law it was lawful for any Nobleman, or ignoble to retain as many Chaplains as he would for their Instruction in Religion, but by a Statute made 21. Hen. 8. cap. 13. A restraint was made, and a certain number only allowed to the Nobility, and such Chaplains for their attendance have Immunities as by the Statute at large may appear, viz: Every Archbishop and Duke may have six Chaplains, whereof every one shall or may purchase Licence or dispensation, and take, receive, and keep two Personages or Benefices, with cure of Souls, and that every marquis or Earl may have five Chaplains, whereof every one may purchase Licence or Dispensation and take, receive, and keep two Parsonages or Benefices with cure of Souls, and that every Viscount and other Bishop, may have four Chaplains, whereof every one may purchase Licence, and receive, have, and keep two Parsonages or Benefices with cure of Souls as aforesaid, And that the Chancellor of England for the time being, and every Baron and Knight of the Garter may have three Chaplains, whereof every one shall now purchase Licence and Dispensation, and receive, have, and keep two Benefices with cure of Souls, read the Statute at large.  
And forasmuch as retaining of Chaplains by Lords of great estates is ordinary, and nevertheless some questions in Law have been concerning the true understanding of the said Statute: I think it not impertinent to set down some subsequent resolutions of the Judges touching such matters.  
If a Bishop be translated to an Archbishop, or a Baron to be created to an Earl, etc. yet within this Act they can have but only so many Chaplains as an Archbishop or Earl might have; for although he have divers dignities, yet he is still but lemma ourself person to whom the Attendance and service ●ould be done, so if a Baron be made a Knight of the ●arter, or Lord Warden of the Cinque-Ports, he ●all have but three Chaplains in all, & sic de simi●●us.  
Also if such an Officer allowed by the Statute to ●●ve one, two, or more Chaplains, do retain accordingly, and after he is removed from his Office in this ●●se, he cannot be now nonresident or accept of a se●ond Benefice if his Compliment, were not full ●efore his remaining, and yet in that case it behoveth ●●e Chaplain to procure a non obstante, otherwise ●e may be punished for his nonresidency.  
So if an Earl or Baron do retain a Chaplain, ●nd before his advancement his Lord is attainted of Treason, as it was in the Case of the Earl of westmoreland, after the said Attainder such a Chaplain cannot accept a second Benefice; for though his Lord be still living according to nature, yet after the Attainder he is a dead Person in the Law, and therefore out of the case to have Privilege for himself or for his Chaplains.  
If a Baron have three Chaplains, and every one of them, have two Benefices, and after the Baron dyeth, yet they shall enjoy those benefices with cure, which were lawfully settled in them before, but in this case though the said Chaplain be resident upon one of his Benefices yet now he is become unpunishable for being nonresident upon the other, for cessante causa ces● effectus, the same Law is if a Baron be attainted of tre●son or Felony, or if any Officer be removed from 〈◊〉 Office, Et sic de similibus, vide Acton's Case, Cook, 〈◊〉 part. Fol. 117. for all those matters.  
A Baron or others of degree of Honour do retains such number of Chaplains as are allowed by the Statute and after upon suit and request, the said noble people doth retain more Chaplains.  
In this Case, they that are first retained shall only have privilege, nam qui prior est tempore potior est Iure● so if a Lord do at any time retain more Chaplains than are allowed by the Common Law, the lawful number only shall have privilege, and in this case which of them first promoted, shall have privilege, and the rest are excluded, for in equali jure inelior est condi●●● possidentes.  
If a Nobleman do retain Chaplains (above the number) at several times, if any of his first Chaplains die, the next that was then retained shall not succeed, for his first retainer was void, and therefore in thi● Case it doth behoove him to have a new retaining after the death of the predecessor, and before his advancement, nam quod initio non valet in tractu temporis non co●valescit.  
If a noble person retain such a number of Chaplains as is by the Law allowed him, but afterward upon some dislike or other cause do discharge some of them from their attendance or service, the Lord in this case cannot retain others, thereby to give them privilege, during the life of them so retained and discharged: and the reason thereof is, because the first Chaplains were lawfully retained, and by virtue thereof during their lives might purchase dispensations, to have advantage according to the statute: and therefore if the discharge of their service and attendance might give a liberty to the Lord to retain others, by such means the Lords might advance Chaplains without number, by which the statute should be defrauded; and the said statute must be construed strictly against non-resident and Pluralities, as a thing prejudicial to the service of God, and the ordinary instruction of the people of God. These premises are to be read in Cooks 4 part fol. 90. Druries' case.  
By the statute of 3. H. 7. cap. 14. it is enacted as followeth, viz. Forasmuch as by quarrels made to such as have been in great authority, office, and of counsel with the King of this Realm, hath ensued the destruction of the King, and thereby the undoing of this Realm: so that it hath appeared evidently, when the compass of the death of such as were the King's true subjects was laid, the destruction of the Prince was imagined thereby; and for the most part it hath grown and been occasioned by envy and malice of the Kings own household servants; and for that by the laws of this land, if actual deeds were not, there was no remedy for such false compassing imaginations and confederacies had against any Lord, or any of the King's Council, or any of the King's great Officers in his household, as Steward, Treasurer, Controller; and so great inconveniences did ensue, because such ungodly demeanours were not straightly punished before that an actual deed was done. For remedy whereof it was by the same statute ordained, that the Steward, Treasurer, or Controller of the King's house for the time being, shall have full authority and power to inquire by twelve sad men and discreet persons of the Check-roll of the King's honourable household, if any servant, admitted to be his servant, sworn, and his name put into the Check-roll of the household, whatsoever he be, serving in any manner office or room, reputed, had, and taken under the estate of a Lord, make any confederacies, compassings, conspiracies, imaginations, with any person or persons, to destroy or murder the King, or any Lord of this Realm, or any other person sworn to the King, Council, Steward, Treasurer, or Controller of the King's house, that if it be found before the said Steward for the time being, by the said-twelve men, that any such of the King's servants as is aforesaid hath confederated, compassed, conspired, or imagined as abovesaid, that he so found by the enquiry, be put thereupon to answer, and the Steward, Treasurer, or Controller, or two of them, have power to determine the same matter according to the law: and if he be put in trial, that then he be tried by other twelve sad men and discreet men of the same household, and that such misdoers have no challenge but for malice, and if such misdoers be found guilty by confession or otherwise, that the said offence be adjudged felony, and they to have judgement and execution, as felons attainted ought to have by the Common law.  
In the statute made in the second year of H. 5. cap. 10. authority is given to the Sheriff, and other the King's Justices, for the better suppressing of Riots and Routs, etc. to raise Posse Comitatus, the power of the County: and the same liberty doth the Common law give in many other cases. Nevertheless may not the Sheriff upon such authority command the person of any Nobleman to attend that service; but if the Sheriff upon a Supplicavit against any Nobleman, in that case do return that he is so puissant, that he cannot or dare not arrest him, the Sheriff shall be grievously amerced for such his return: For by the writ under the Great Seal of the King, commandment is to all Archbishops, Bishops, Dukes, Earls, Viscount's and Barons, and to all liege men of the County, to be aiding unto him in that which to his office appertaineth: And therefore by intendment no person whatsoever can resist the execution of the said writ of the King. Also the Sheriff may by his discretion levy three hundred men (if need be) to aid him in that behalf. Cromptons' Justice 134.3. H. 7.1. Cooks 5. part. 71. b.  
The words of the great Charter of the Forest, in the eleventh Chapter, are as followeth: Every Archbishop, Bishop, Earl, or Baron, coming to us at our commandment, and passing by our Forest, it sha●● be lawful for hini to take one beast or two by the view of the Forester, if he be present; or else he shall cause one to blow a Horn for him, that he seem not to steal our Deer. This statute doth speak but of Archbishops, Bishops, Earls and Barons; yet if a Duke, marquis, or Viscount, which be Lords of Parliament, be coming towards the King by his commandment, they also shall have the benefit of this article.  
So if the King send to any of the Lords aforesaid to come to his Parliament; or send to him by writ of Subpoena, to appear in the Chancery, before his Council, or send for him by his missive, or by Messenger, or Sergeant at Arms, in all these cases he shall have the benefit of this statute, because they came at the King's commandment.  
The same Law is if a Scire facias go out of the Chancery or King's Bench to a Lord of the Parliament: but if such process go forth for a Lord to appear before the Justices of the Common Pleas, or before the Barons of the Exchequer, and he cometh upon that, he shall not have the benefit of the statute; for he doth not come unto the King, and the words be, veniens ad nos; and all the process which are made out of the Chancery and King's Bench are, quòd sit coram nobis; and so are the Process out of the Star-chamber. Also Lords which come to visit the new King after the death of his Father, (though not sent for) shall have the privilege: and so note this statute is a warrant dormant to such Lords, which is also to be understood as well of their returning homewards as of their coming towards the King. Manwood Forrest Laws cap. 181. Cromp. Courts 167. b. Note this statute doth give licence to kill or hunt in the King's Parks, though the letter of the statute be transientes per forrestam nostram, Passing by our Forest, Cromptons' Court 168.  
Note, in certain cases the Law doth give privilege to the Sons or Brethren of Noblemen, though themselves be not of that degree. Vide 21. H. 8 cap. 13.7. E. 6. cap. 5.    

CERTAIN CASES WHEREIN A LORD of the Parliament hath no PRIVILEGE.  
THe King may by his absolute power commit a Nobleman to prison durante beneplacito suo, from whence he cannot be discharged by bail or mainprize, or by the common writ de homine replegiando: And by the same power it is if a Noble person be committed to prison by the King's Council, for they are incorporate to his Highness, and do command as with the King's mouth. And the same law is if a Noble be committed to prison by the absolute commandment of the King's Judges sitting in their places of Judicature, Stamf. lib. 2. cap. 18. fol. 72.1. as you have before when the Prince himself was committed by the chief Justice sitting in the King's Bench, and he was not bailable.  
Also if a Capias and an Exigent may be awarded by the justices out of their ordinary Jurisdiction against such persons upon an Indirement for Felony or Treason, as common experience she weth.  
The statutes of Praemunire are 27. E. 3. cap. 1.16. R. 2. cap. 5. upon which statutes an Abbot which was a Lord of the Parliament was impleaded, and he did pray privilege to appeate by an Atrurney; and by the rule of the Court he could not, because the statute is general and against it; but by special writ out of the Chancery he might. And so in case where he doth pray to be received. For if a Lord of the Parliament, holding lands of another in Fee simple, doth forbear or withhold to do and pay his services due to his Land lord, and that by the space of two years, whereupon he doth bring a writ of Cessavit, which is his remedy given him by the Law, thereby to recover the inheritance of the land: but the said Lord for the saving of his tenancy, being minded to pay all the arrearages before judgement given against him (as by the Law he ought to do) in this case he must come in proper person, and not by Attorney, 15. H. 7.9 b.  
If a noble man, in contempt of any process which hath been awarded from out of any the King's Courts, doth make rescous, and wilfully doth refuse to obey the said writ, and the same his offence doth appear of record to the Court by the Sheriff's return, there may be and shall be awarded against him a Capias, 1 H. 5. Case ult. 27 H. 8.22. Cooks 6. part. 54.  
If any Lord do departed this Realm, as Ambassador or otherwise, by the King's lincence or without licence, and do not return at the King's Commandment, or upon the Kings writ under his privy Signet; the King may seize his lands, goods, and chattels, Dyer 108. b. & 17. the Duchess of Suffolk's case.  
If a Lord, arrested upon a Supplicavit for the peace, do wilfully refuse to obey the arrest, and make rescous upon his return shall issue an attachment against the said Lord for his contempt to take his body; and this is the way to obtain peace against any Lord of the Parliament, whereas the party could not have an attachment against him, if the Subpoena had been duly served and peaceably accepted, although the said Lord had not appeared thereunto, Cromptons' Justice of Peace 134.  
If a Lord of the Parliament doth with force and arms detain a man in prison, in his House or elsewhere, the remedy is in such cases by himself or his friends abroad at liberty to have a writ called de homine replegiando to deliver him; but if the Lord, to prevent the execution thereof, and of malice, do keep or convey away this man, so wrongfully imprisoned, so privily, as that the Sheriff cannot execute his said writ; then will the Court award a Witheram, whereby the Sheriff shall attach and arrest the body of the said Lord, and imprison him until he do deliver his said prisoner, 11 H. 4.15.  
All Lords are compellable to take the Oath mentioned in the Statute of 3 Jac. 4. & vide the Statute 7 Jac. cap. 6. who have authority to minister the said Oath to them. Bracton lib. 5. fol. 337.6 H. 3. & 351. writing of essoines, delivereth this learning, that if a Baron that holdeth by Baron tenure have his absence excused by essoine, he which casteth such essoine or excuse, aught to find surety that the said essoine is true; but in case of common persons it shall rest upon the credit and integrity of the Essoince, and so is the use at this day.  
The Statute of magna charta cap. 1 a. is quod liber homo non amercietur pro parvo delicto, nisi secundum modum illius delicti & pro magno delicto secundum magnitudinem delicti & nulla praedictarum miscricordiarum ponatur, nisi per Sacramentum proborum & legalium hominum de vicinate, and accordingly is the Law thereunto at this day.  
But the subsequent words in the said Statute, viz. Comites & Barones non amercientur nisi per pares suos, & non nisi secundum modum delicti, are not in use, for whether the offence be great or small, for which they are to be amerced, their amercement must be certain, viz. of a Duke ten pound, and of any other of the Nobility.  
Also whereas the amercement should be offered per pares the use is to offer them by the Barons of the Exchequer, Cooks 8. Rep. 40. Bracton lib. 3. Tractat. 2. cap. 1. fol. 116. b.  
When a Peer of the Realm is arraigned in Appeal of Felony, he shall not have that privilege to be tried by his Peer, as he should in case of Indictment, but must undergo the ordinary trial of twelve men, Stamford Pleas of the Crown lib. 3. cap. 1. Brook trial 142. Ferdinando Poulton 188. b. Read the book of Entries title appeal Sect. 7. also in Case of an Indictment, the Defendant, though a Peer of the Realm, may not challenge any of his Triers, either peremptorily or upon causes which in like cases permitted to all other common persons.  
The Judgement to be given against any Lord of the Parliament in case of Felony or Treason, shall be no other than according to the usual judgement given against common persons; and although the execution be not pursuant (but with the loss only of their heads) yet that is by the special grace of the King, and not ex debito, as by the examples of Thomas Lord Dacre 33. H. 8. and of the Lord Sturton 2 Mariae, may appear, Brook tit. Jury 48.  
By attainder of Treason or Felony is corruption of blood, so that their Children may not be heirs unto them, nor unto any of their Ancestors. And if he were a noble man before he is by the attainder made ignoble, and not only himself, but also his Children, having no regard unto the Nobility which they had by their birth, and this corruption is so strong and high that it cannot be saved by the King's pardon or otherwise than by authority of Parliament, Stamford Pleas deal Coronae lib. 3. cap. 34.  
But here it is to be observed, that Nobility is not a thing substantial, but mere accidental; for that may be present or absent without corruption of the Subject whereof it dependeth; for experience showeth that the passage of honourable titles are restrained by exorbitant crimes, when as nature in the mean while cannot be thrust away with a fork. Wherefore although the Lawyers do term and call that extinguishment of Nobility, which happeneth by such heinous offences committed as corruption of blood, nevertheless they use not this manner of phrase and speech as though Nobility were naturally and essentially in the humour of blood more than any other hereditary faculty; but because the right of inheritance which is by degree of communication of blood directed, is by that means determined and ended, and also in regard of the hatred and detestation of the crime it is called corruption of blood, note in Dyer 16. Eliz. 332. the Lord Charles howard's case.  
If one be made a Knight in a foreign Kingdom by a foreign Knight, yet he is to be so styled in this Realm in all legal proceed; but if a man be created by the Emperor an Earl of the Empire, or into any other title of dignity, he shall not bear this title here in England. Cooks 7. part. 16.20. E. 46.  
If there be a Father and Son, and the Father is seized of lands holden in Capite or otherwise by knightly service, the King doth create the same Duke and Earl or of any other degree of Nobility, and afterwards the Father dieth, his Son being within the age of one and twenty years, he shall be in ward; but if the King had made him Knight in the life of his Father, he should not have been in ward after the death of his Father, neither for the lands descended or for his marriage, though he be within age, Cooks 6. part. 74. in Druries' case.  

Nobility, and Lords in reputation only.  
THere are other Lords in reputation and appellation, who nevertheless are not the jure, neither can they enjoy the privilege of those of the Nobility that are Lords of the Parliament.  
The son and heir of a Duke, during his father's life, is only by courtesy of speech and honour called an Earl, and the eldest son of an Earl a Baron; but not so in legal proceed, or in the King's Courts of justice, Brook Treason 2. But the King may at his pleasure create them in the life of their Ancestors into any degree of Lords of the Parliament, Cook 8. part 16. b.  
A Duke or other of the Nobility of a foreign Nation, doth come into this Realm by the King's safe conduct: in which the Kings said Letters of Conduct he is named Duke, according to his Creation: yet that appellation maketh him not a Duke, etc. to sue or to be sued by that name within England, but is only so reputed. But if the King of Denmark, or other Sovereign King, come into England under safe conduct, he during his abode in England ought to be styled by the name of King, though he have not merum imperium out of his own Kingdom, yet he shall retain honoris titulos, Cook. 7. part 15. b. & sequentia.  
All the younger sons of the Kings of England are of the Nobility of England, and Earls by their birth, without any other Creation, and only Lords in reputation.  
And if an English man be created Earl of the Empire, or of other title of honour by the Emperor, he shall not bear the title in England, and therefore is an Earl only in reputation.  
A Lord of Ireland and Scotland, though he be a Postnatus, is not a Lord in England in legal Courts of justice, though he be commonly called and reputed a Lord.   

NOBLE WOMEN.  
ALthough Noble women may not sit in Parliament, in respect of their sex, yet they are in the law Peers of the Realm; and all or most of the Prerogatives before mentioned, which to Noblemen are belonging, do also appertain to them, Cook 8. part 53. But the opinion of some men hath been, that a Countess, Baronesse, or other woman of great estate, cannot maintain an action upon the statute de scandalis Magnatum, because the statute of 2. R. 2. cap. 5. speaketh but of Prelates, Dukes, Earls, Barons, or other Nobles, and other great men of the Realm: and of the Chancellor, Treasurer, Clarke of the Privy Seal, Steward of the King's house, justice of the one Bench or of the other, great officers of the Realm: by which words they conceive the meaning of the makers of that statute was, only to provide in that case for Lords, and not for women of honour. Crompton Justice of Peace 45. b.  
Also if any of the King's servants, within his Check-roll, do conspire the death of any Noble man, it is not felony within the compass of the statute 3. H. 7. cap. 13.  
Honourable women are of three sorts: By creation, by Descent, or by Marriage. King Henry the eighth created Anne Bullen marchioness of Pembroke: and so may the King create any woman into any title of honour, as to his Highness shall seem good. As the King by by his Letters Patents openly read in the Parliament did created _____ Widow, the sole daughter of _____ late Baron of Abergavenny, Baronesse De le Spencer. Cambden 63.6.  
Noble women by descent are those to whom either the lands holden by such dignity do descend as heir; and they are said to be honourable by tenure: or those whose Ancestors to whom they are heirs, were seized of an estate descendable unto them, in their titles of Dukedoms, Earldoms, or Baronies: or those whose Ancestors were summoned to the King's Parliament, for thereby also an inheritance doth accrue to their posterities.  
Noble women also are those who do take to their husbands any Lord or Peer of the Realm, although they of themselves were not of any degree of Nobility, Fortescue de laudibus legum Anglia, fol. 100 Question and doubt hath been made, whether if a man be summoned to the Parliament, and afterwards die without issue male, the dignity and title of honour may descend to the heir female; and many arguments have been made pro & contra, in that which at this time I do purposely omit because I have before discoursed thereof in the title of Barons in this Treatise.  
Concerning the title of honour descendable to the heir female by reason of a tenure in her Ancestor, there need no more doubt to be made than of offices of honour, the which do much import the public wealth, and being of estate of inheritance, do descend to the heir female, if there be no heir male: as the office of high-Constableship of England, challenged in the time of H. 8. by the Duke of Buckingham, and judged by the advice and resolution of the Judges, as by a note of that case extant, whereof my Lord Dyer in his Reports hath a memorial, is most evident, Dyer 283. b. Kellaway 6. H. 8.170. b. which descended to the daughters of Humphrey de Bohun Earl of Hereford and Essex, as afore is declared; the office of a Lord Steward descended to Blanch daughter of Henry Earl of Lancaster, in whose right John of Gaunt her husband enjoyed the same. The like may be said of the office of Earl Martial, which descended by an heir female unto the house of Norfolk; all which offices are as unfit to be exercised by a woman, as it is unfit for a woman to be summoned to the Parliament as Baronesse by writ, as before is written.  
And when the title of honour doth descend to a woman, if question in Law do arise between the noble woman and any other person, whether she be of that degree of nobleness or no, the issue shall be tried by the Record thereof, and by the Kings writ it shall be certified, and not by a Jury of twelve men, even as it should be in case her Ancestors had been party, Cooks 6. part. 53. & 7. part. 15.  
Although the Laws of this Realm regularly do make all the daughters, where there are no sons, equally to inherit Lands and Tenements, and to be but one heir to their Ancestor; yet it is not so in the descent of dignities and titles of honour, for inheritances concerning matters of honour, being things in their nature entire, paticipating of superiority and eminency, are not partable amongst many, and therefore must of necessity descend unto one, and that is to the eldest daughter, sister, aunt, or cousin female, inheritable where there is no heirs males that may lawfully challenge the same; and so in this point is the civil Law.  
Nevertheless there was a Judgement in the time of H. 3. touching the descent of the Earldom of Chester, after the death of the Earl, who died without issue, his sisters being his heirs: which Judgement was, that the said Earldom should be divided amongst the said copartners, as other lands, and that the eldest should not have it alone, 23. H. 3. Fitz. partic. 18. But this judgement was holden erroneous, even in those times wherein it was given: For Bracton (a learned Judge who lived in that age) thus writeth thereof, treating of Partition among Copartners, lib. 2. cap. 34 fol. 76. b. De hoc autem quod dicitur, quod de feodo militare veniunt in divisione capitalia messuagia, & inter cohaeredes dividuntur, hoc verum est, nisi capitale messuagium illud sit caput comitatus propter jus gladis quod dividi non potest; vel caput Baroniae, castrum, vel aliud aedificium, & hoc ideo ne sit caput per plures particulas dividetur, & plura jura Comitat' & Baroniarum deveniant ad nihilum, per quod deficiat regnum, quod ex Comitatibus & Baroniis dicitur esse constitutum: Si autem plura sunt aedisicia quae sunt capita Baronia, dividi possunt inter cohaeredes, facta electione salvo jure essentiae, quia cùm plura sunt ibi jura, quodlibet per se poterit integrè observare, quod quidem non est in uno, ut praedictum est, licèt à quibusdam dicatur, quòd in aliis regionibus aliquando de consuetudine dividatur, sed quod nunquam divids debeat in Anglia videtur, nec visum fuit contrarium, & erit consuetudo regionis observanda, ubi haereditas & quae petitur, & personae nascuntur quae petunt, & unde sic dicatur quòd in regno Anglia aliquando facta fuit partitio, hoc fuit injustum.  
It is therefore evident, that Baronies and dignities of Honour, do by the Laws of this Realm, descend unto the eldest Coapercener, and the judgement given once to the contrary thereof Bracton doth rightly account to be unjust, his reason is notable, for in as much as the honour of the Chivalry of the Realm doth chief consist in the Nobility, reason would not that such dignity should be divided amongst Coaparceners, whereby through multitude of partitions, the reputation of Honour in such succession and so divided, might be impaired; or the strength of the Realm being drawn into many hands, with the decrease of livelihood by partition should be enfeebled; in which Resolution Britton the learned Bishop of Hereford, who compiled his Book of the Laws of the Realm by the commandment, and in the name of E. 1. according Britton 187. and therefore howsoever that Judgement was given or whensoever, it is nevertheless very evident that it was soon redressed; for if it were given upon the death of Renulph the last of that name the Earl of Chester, who died about 17. H. 3. without issue, the Writers of that time do testify, that the Earldom of Chester came wholly unto john Scot the son of David Earl of Huntingdon and Anguish, and of Maud the eldest sister of the said Renulph, if it were given upon the death of the said john Scot, who died without issue about 14. H. 7. yet notwithstanding the said Judgement stood not in force, for that the said King assumed the said Earldom into his own hands upon other satisfaction made to the sister's Coparceners of the said john Scot Ne tanta hereditas colos deduceretur. Matth. Paris Monast. S. Albani in Arr. fol. 3.66. B. tamen vido Vill. fol. 75. et joh. Guill. 78.  
For this it is to be observed out of Precedents, and to be acknowledged of every dutiful Subject, that the King is at liberty to call and advance to honour whom his Highness shall in his Princely wisdom think most meet, and therefore whereas Ralph Lord Cromwell being a Baron by Writ, died without issue, having two sisters and coheirs, Elizabeth the eldest, married unto Sir Thomas Nevil Knight, and joane the younger married unto Sir Hunt Burther, he who married the younger sister was called unto the Parliament as Lord Cromwell, and not the said Sir Thomas Nevil who had married the eldest sister; and Hugh Lupus the first and great Earl of Chester, was by the Conqueror his Uncle creared Earl of Chester, Habemus sibi & heredibus adeo libere per gladium sicut ipse Rex tenuit Angliam per Corenam, Hugh died without issue, and the inheritance of his Earldom was divided amongst his four sisters, and the eldest had not the Seignory entire unto herself. Read Mills 74, 75. Cook's b. part 53. & 7. part 15.  
If a Woman be Noble by birth or by descent, with whomsoever she doth marry, though her Husband be under her degree, yet she doth remain Noble for her Birthright, Est Character in delibilis, Cook 4. part, 118. b. 6. part. 53. b.  
Other Women are ennobled by Marriage, and the text saith thus, viz. Women with the honour of their Husbands, and with the kindred of their Husbands, we worship them, in the Court we decree matters to pass in the name of their Husbands, and into the house and surname of their Husbands we do translate them, but if afterwards a woman do marry with a man of base degree, then loseth she her former Dignity, and followeth the condition of her latter Husband, Fortescue de laudibus legum. Angl. 100 And as concerning the second disparaged Marriage, as aforesaid, many other books of the law do agree, for these bee rules received in those Cases, Si mulier nobilis nupserit ignobili desit esse nobilis & eadem modo quo quidem Constitut, dissolvitur, Cooks 6. part 53. B. & 4. part 118.  
It was the Case of Ralph Hayward Esquire, who took to his wife Anne, the widow of the Lord Powes, they brought an Action against the Duke of Suffolk by the name of Ralph Hayward Esquire and the Lady Anne Powes his wife, and exception was taken for misnaming her, because she ought to have been named by the Husband's Name, and not otherwise, and the exception was by the Court allowed; For said they, by the Law of God she is Sub potestate viri, and by our Law her Name of Dignity shall be changed according to the degree of her Husband, notwithstanding the curresies of the Ladies of Honour and Court. Dyer, 79.  
And the like was also in Queen Mary's Reign, when the Duchess of Suffolk took to her Husband, Adrian Stoakes Prob. 4 5 6. and many other precedents have been of latter time, and herewith agreeth the Civil Law punctually, Digest. lib. 1. Tit. 9 Lege 8. Eodem de Dignitate, Liber 12. Lege 2.  
In this case of acquired Nobility by Marriage of Question in Law be, whereupon an issue is taken between the parties, that is to say, Duchess or not Duchess, Countess or not Countess, Baronesse or not Baronesse, the trial hereof shall not be by Record, as in the former case, but by a Jury of 12. men, and the reason of the diversity, is, because in this case the Dignity is accrued unto her by marriage, which the Lawyer's term matter in fact, and not by any record, Cooks 6. part. 53. a.  
But a noble Woman by Marriage, though she take to her a second Husband, a man of mean degree, yet she may keep two Chaplains according to the Proviso in the Statute of 21. H. 8. c. 13. for and in respect of the honour which once she had, viz. at the time of the retainer, and every such Chaplain may purchase  cense and dispensation, Cooks 4. part 117. cowel's Instutions lib. tit. 10.15. but her Chaplains may not be nonresident afterwards.  
And forasmuch as the retaining of Chaplains by Ladies of great estates is ordinary, and nevertheless some questions in law have been concerning the true understanding of the said Statute law, I think it not impertinent to set down some subsequent resolutions of the Judges touching such matters.  
Anne Baronesse of Mount Eagle in her Widowhood, did retain two Chaplains according to the Statute, and one of them had but one Benefice, and therefore did obtain a dispensation with a confirmation from the Queen according to the tenor of the said Statute, but before he was presented to his second Benefice, the Lady did take to Husband Henry Lord Compton, whereby she did forsake her former dignity of Baroness of Mount-Eagle; and afterward the said Chaplain did accept a second Benefice, and was thereunto admitted and inducted, and the Judges have resolved that the Chaplain hath done nothing herein, but according to the meaning of the Statute, and that the Lady's marriage between his Retainer and acceptance of his second benefice, was no Countermand Revocation or determination of that Retainer, which the Lady lawfully then did make, but that she living, he might proceed to the filling up of the qualification, Causa & origio est materia negoti; for though the wife of a Nobleman during the covecture, cannot by Law rerain a Chaplain to be qualified according to the statute: because by Intendment her Husband's Chaplains are sufficient for that Office; yet forasmuch as the Retainer was lawful: then she was widow, that being the principal matter, shall enable him to take use and benefice after her marriage: for though the husband and wife are but one person in Law, yet as the Text is, sunt animo duo in carne uno. Bracton, lib. 5. fol. 363, a.  
And in this case by the death of the Lord Compton, her first Retainer, was not determined; for without any near Retainer, her said Chaplain may take his second benefice and also for that cause, so long as the said Chaplains do attend upon their said Lady in her House, they shall not be endamaged for Nonresidency, Cooks 4. part, 117. fol. 90. &. 76.  
That which remains concerning the further exposition of this statute, you may read before in the title of privilege of Lords.  
So long that the wise of a Duke be called Duchess, or of an Earl be a Countess, and have the fruition of all the Honours, appertaining to that estate, with kneeling, tasting, serving, and the rest, and so long shall a Baron's widow be saluted: Lady and a Knights wise also by the courteous Speech of England, quandiu Maj. aut viduity vic. durant, except she happen to relapse with an Adulterer; for as the Laws of this Kingdom do adjudge that 〈◊〉 woman shall lose her dower in that case, viz. west cap. B. F.N.B. fol. 150. H. Perk. fel. 70. Kitchen 162. b. as Ru●o● Lands, and Tenants, so justly; so doth the Laws of Gentry and Nobleness, give sentence against such a woma● advanced to Titles of Dignity by the husband, to be unworthy to enjoy the same, when she putting her husband out of mind, hath subjected herself to another.  
If a Lady which is married come through the Forests, he shall not take any thing but a Duchess, or 〈◊〉 Countess shall have advantage of the statute, de Char●● Poorest, 11. Art. during the time that she is unmarried, Cromptons' Court fol. 167, b.  
Whereas it is contained in the great Charter amongst other things in the Form, which followeth: no Freeman shall be taken or imprisoned, or deseised of his Free-horn or his Liberties, or Free-customs, or shall be outlawed o● banished, or in any wise destroyed, nor go upon him b●● by the lawful judgement of his Peers, or by the Law o● the Land In which statute is no mention made, how women, Ladies of great estate; because of their Husbands, Peers of the Land, married or sole; that is to say, Duchess, Countess, or Baroness, shall be put to answer, o● before what judges they shall be judged, upon an Indictment of Treason, or felonies by them committed, o● done, because whereof it is an Ambiguity in the Law o● England, before whom and by whom, such Ladies so indicted shall be put to answer, and be judged by our said Sovereign Lord the King, willing to put out such Ambiguities and Doubts, hath declared by Authority aforesaid; that such Ladies so indicted, or hereafter to be indicted, whether they be married or sole thereof, shall be brought in answer, and put to answer, and judged before such judges, and Peers of the Realm; as Peers of the Realm should be, if they were indicted of any Treasons, or felonies, done or hereafter to be done, and in like manner and Form, and in none otherwise, Anno 2. H. 6. Cap. 9 Which statute was but a Confirmation or Declaration of the common Law, vide Cooks, 6, part 52. b.  
This is a Rule in the civil law, si filia R. nubat alicui dom. vel. Comiti dicetur, semp. Regalis. As amongst Noble women there is a difference of degrees, so according to their distinct excellentness, the law doth give special Privileges as followeth.  
By the statute of 25. E. 3. cap. 2. It is High Treason to compose or imagine the death of the Queen, or to violate the King's Companion.  
The Kings Espouse is a sole person, exempted by the common law, and she may purchase by Fee-simple, or Make leases, or Grants without the King, she may plead and be impleaded, which no other married woman can do without her husband, Cook 4 part 23. B. Theol. lib. 1 a. cap. 4.24. E. 3.63. vide Bracton 363. a.  
All Acts of Parliaments for any cause, which any way may concern the Queen and her Capacity, are such statutes whereof the Judges ought to take recognizance, as of general statutes; for though the matter do only concern the Capacity of the Queen; yet it doth also concern all the subjects of the Realm, for every subject hath interest in the King, and none of his Subjects who are within hi● Laws is divided from the King being his head and Sovereign, so that his business and things do touch all the Realm, and as all the Realm hath interest in the King, so and for the same Reason in the Queen being his wife, Plouden 23.1. a. Cooks 8. Repl. 28.  
A man seized of divers Lands in Fee, holden by Knight's service, some by Priority that is by ancient Feoffment holden of others, and some other parts holden by the same tenure of the King by posterity, the King granteth his Seignory to the Queen, and afterwards the Tenant dyeth, the son within age in this case the King shall have the Wardship of the Body, and have the Prerogative even as the King himself should have had, 3. E. 3, 4. vide etiam Stamford Prerog. Reg. cap. 2.  
The Queen, wife unto the King or widow, shall not be amerced if she be nonsuited in any Action or otherwise, in which cases any other subject of what degree soever shall be amerced, for in this case the Queen shall participate the King's Prerogative, Cooks 6. Report 62.  
But the Queen shall not in all cases have the same Prerogatives that the King shall have in the same case; as for Example, Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no title by order of Law so to do, contrary to the opinion of some ancient Books, as you may see Stamfords' Prerog. cap. 19 But in such suit shall be made to the Queen, but actions against other Liege's of the King, according as the case shall require, for by the same reason that the Queen may be Plaintiff and Demandant in actions without the King by the same reason that the Queen may be Plaintiff and Demandant in actions without the King, by the same reason he shall be Defendant or Tenant, without partaking such Prerogatives as do appertain to the King, 11. H. 4.64. B. Stamford Prerog. cap. 22. ●n fine.  
Against the King by his Prerogative, Nullum tem●us occurit Regi, but time shall run against the Queen H. 18. E. 3.2. a. and aplenarty by six mouths is a good plea in a Quare Imp. brought by Philippe Regina Angliae ibid. fol. 1. et 13. b. Stamford Prerog. cap. 18. trope finem.  
In 21. E. 3.13. b. It is thus to be read, note that a protection was sued forth against the Queen, in a Writ which she brought, and it was allowed though she be a person exempt.  
Nevertheless by this short case following may be observed, that the Justices do not easily suffer any proceed in Law against the Queen, wife or widow, but will hold with their Inmities as much as they may by Law.  
A Writ of dower was brought against Isabel Queen of England, mother of the King that then was, and the Court said to the Plaintiff, the Queen is a person of dignity and excellency, and we are of opinion, that she shall not answer to the Writ, but it behooveth you to sue to her by Petition, and thereupon the Demandant dixit great. and she prayed the Court to grant a continuance of her Action until another day, so that in the mean time she might sue to speak with the Queen but the Court would not agree to make a Continuance, but said, that upon her request they might give d●● precepart. and so it was done for the Queen's Council would not agree to a continuance, for thereby th● Queen should be accepted as answerable, 10. 〈◊〉 3.379.  
The wife of the King's eldest son also hath som● Prerogative, in regard of the excellency of her Husband, which the wives of other Noblemen have not, fo● by the Statute of 25. E. 3. it is high Treason to violate the wife of the King's eldest son and heir.  
Duchess' also and Countesses have special Honour appertaining to their Estates, as kneeling and tasting, and such like, which things as appertaining more properly to the Heralds then to this legal discourse I leave unto them.  
By the Statute made 7. jac. cap. 6. entitled, And Act for the Administering the oath of Allegiance and Reformation of Women recusants if any person or persons of or above the age of 18. years and degrees aforesaid▪ must and hereafter shall stand and be presented, indicted, or convicted for not coming to Church, or not receiving the holy Communion or Sacraments of the Lords Supper, according to the Laws and Statutes of this Realm before the Ordinary, or other having lawful power to take such presentment or indictment, than 3. of the Privy Counsel of the King his Highness his Heirs or Successors and no other, whereof the Lord Treasurer, the Lord Chancellor, Lord Privy Seal, or principal Secretary to be one, upon knowledge shall require such person or persons to take the said Oath, but it shall be lawful to and for every Bishop within his Diocese, to require any Baron or Barons of the age of 18. or above, to take the said Oath.  
Also in cases of indictment of Felony or Treason, a Baroness shall have the same trial by Peers, as doth appear by the Statute of 20. H. 6. cap. 9 which any other Noble woman of higher degree shall have, which privilege is denied to all of a lower degree than a Baroness.  

Ladies in Reputation.  
The wife and widow, and widow of the son and heir of a Duke or Earl in the life of his Father, is a Lady by courtesy of speech and honour, and taketh place according as in ancient time hath been permitted by the Sovereign Prince and allowance of the Herald, but in legal proceed they are not to have privileges, nor to be named according to such surnames of dignity, but the King may at his pleasure create such men in the life time of their Ancestors into degrees of Lords of his Parliament, and then the Law is otherwise.  
If a Noblewoman of Spain come into the Realm by safe conduct, or otherwise by the King, she be styled by such her foreign stile of dignity, yet in the King's Courts of Justice she shall not be named by such title, though by common speech she be a Lady in reputation.  
An English woman borne doth take to her Husband a Spanish or French Duke, though he be made a Denizen, yet he shall not bear his title of dignity in legal proceed.  
A Germane woman is married to the Earl of Northam. or to other the Nobility of England, unless she be made a Denizen, she cannot lawfully claim the privileges or title of her husband, no more than she can to have dower, or any jointure from him.  
An English Woman doth take to Husband the Earl of Kildare in Ireland, or if a Lord of Scotland, though he be a post natus, take an English woman to his wife their wives shall not participate their husband's Titles of Dignity.  
But if the King do create one of his Subjects of Scotland, naturalised here by Act of Parliament, to be Viscount Rochester within England, and after by his Writ of Summons under his Great Seal, do call him to his uper House of his Parliaments, and assign him a place there in his great Council amongst the Lords and Peers of the Realm, he is now also a Peer of this Realm, and shall be partaker with them in all Privileges, and by consequence, his wife, widow, and children after him, 32. E. 3.35. in le case de Gilbert Humfrevill.  
But if an Englishman by the Emperor be made Earl of the Empire, his wife shall not bear that title of Honour, either according to Law or in Reputation.  
All the Daughters of Dukes, Marquesses and Earls are by custom of long time used in the King's Houses or palace, named Ladies, and have precedency and place according to the degrees of their parents, and so of this custom the Law doth take notice and give allowance for the honour and decency; but nevertheless, in the the King's Courts of Justice they bear not these titles of Honour no more than the sons of such Noble person may do, brothers to such Ladies.    
Finis Nobilitatis.   

A TREATISE OF KNIGHTS AND Matters incident to the Degree of Knighthood, according to the Laws of England.  
THE particular kind of services, by which lands of Inheritance are distinguished be two, viz. Knight service, and socage; vide Littleton's Soccage, c. 26.  
In ancient time, Tenure by Knight's service was called Regale Servitium, Cook in his Preface to his 3. Book, fol. 3, a. because it was done to and for the King and the Realm, and formi secum servitium, as appeareth in Anno 19 Edw. 2. Title Avowry 224.26. ass. p. 66.17. H. 4.19. Cooks 7. part 8. a. calvin's case, because they which do hold by soccage, aught to do and perform their services out of the Realm, Littleton, 35. Et ideo formi secum dicipoterit quia sita & capitur foris, & Hum. Servitiam persolvuntur ratione tenementarum, & non personarum. Bracton, fol. 36.  
And as Knight's service land requireth the service of the tenement in warfare and battle abroad, so Soccage tenure commandeth his attendance at the plough; th● one by manhood defending the King or his Lord's life and person, the other by industry maintaining with rents, corn and victuals, his estate and family. See Lambert Customs of Kent, fol. 389.  
For they did thus order their own lands and tenements, one part they kept and detained in their own hands, and in them stately houses and Castles were erected and made for their habitation and defence of their persons and the Realm; also Forests and Parks were made there for their pleasure's Solace and Delight.  
One other part hereof was given to the Nobles and others of their Chivalty, reserving tenure by Knight's service. The third part was bestowed upon men of meaner condition and quality, with reservation of soccage tenure; and in this manner the Dukes and other the Nobles with their menials and followers dissipate to a great part of their lands, viz. to their Gentlemen of quality to hold by Knight's service, and to others of meaner condition by Soccage tenure.  
Gervasius Tilburiensis, a learned man, who flourished in the days of King Hen. 2. in his Dialogue of the observation of the King's Exchequer, hath in effect as followeth, Until the time, saith he, of King Hen. 1. the King used not to receive money of their lands, but victuals for the provision of their house, and towards the payment of their Soldier's wages, and such like charges; Money was raised out of the Cities and Castles, in which Husbandry and Tillage was not used and exercised; But at length when the King being in the parts beyond the Seas, needed ready money for and towards the Furniture of the wars, and his Subjects and Farmers complained that they were grievously troubled by carriage of Victuals into sundry parts of the Realm fare distant from their dwelling houses; the King directed Commissions to certain discreet persons, who having a regard of those Victuals should reduce them into reasonable sums of Money, the levying of which sums they appointed to the Sheriff, taking order withal, that he should pay them at the scale or beam, that is to say, That he should pay six pence over and above every pound weight of money, because that they thought that the money in time would wax so much the worse for the wearing. Cambdens' Perambulation of Kent, fol. 172, 173. Vide Littleton, libro 2. fol. 26. Note also Gervasius Tilburiensis, who lived, Anno 1160. Anno 6. Hen. 2. And Cambden, fol. 178.  
It was anciently ordained, that all Knights Fees should come unto the eldest Son by succession of heritage, whereby he succeeding his Ancestors in his whole Inheritance, might be the better enabled to maintain the wars against the King's Enemies or his Lords: And that the Soccage Fee should be partable between the Male Children to enable them to increase into many Families, for the better furtherance in and increase of Husbandry. See Cook's Preface to the Reader, in his Ninth Book, Fol. 2.6.  
But as nothing is more unconstant than the estate we have in Land and live, if at least I may call that an estate which never standeth even so long since. These tenors have been so indifferently mixed and confounded in the hands of each sort, that there is not now any note of difference to be gathered by them. See Lambert's perambulation of Kent, fol. 10.  
Et quia tale servitium formi secum non semper manet sub eadem quantitate, sed quandoque praefat. ad plus quandoque ad minus Ideo qualitate Regalis Sencitii & quantitate fiat mentio in charta ut tenens vectu tenere possit quid & quantum persolvere tentatur. Bracton, fol. 36.  
And therefore the certainty of the law in this case is; That he that holdeth by a whole and entire Knights see, must serve the King or other Lord forty days in the wars, well and sufficiently arrayed and furnished at all points, and by twenty days if he hold but the moiety of a Knight's fee, and so proportionably, vide Littleton, fol. 20.  
Anno 7. E. 3.1333. fol. 246. It was demurred in Judgement, whether the 40. days should be accounted from the first day of the muster of the King's Host, or from the day that the King doth first enter into Scotland, but it seemeth that the days shall be accounted from the first day that the King doth enter into Scotland, because the Service is to be done out of the Realm.  
And they who hold per regale servitium, are not to perform that service unless the King do also go himself into the wars in proper person, and that by the opinion of Sir William Hall Chief Justice of the Court of Common Pleas, Term. Trin. Anno. 7. Ed. 3. fol. 246. but see Anno 3. H. 6. Titulo protec. 2. In which case it was observed that seeing the protector (who was pro Rex) went the same, was adjudged a Voyage Royal, vide Cook, 7 part of his reports, and in Fitz-herbert, Natura brevia, 28. fol. 83.  
Also when before the statute, De quia emptores terrarum, made Anno 18. Ed. 4. the King or other Lord had given Lands to a Knight to hold of him by service in Chivalry to go with the King or with his Lord, when the King doth make a Voyage Royal to subdue his Enemies by 40 days well and conveniently arrayed for the Wars.  
In this case, the Law hath such regard to the dignity of Knighthood, that he may find an able person to go in that expedition for him, and the Knight is not compellable by his tenure to go in person, as do ordinary soldiers, who are hired and entertained by pressed money or wages Anno 7. Ed. 3.296.600.8. part fol. 49. b. And see Littleton fol. 20. another reason in this case.  
There have been many varying opinions of Countries of a Knight's Fee, as you may read in 5. Ed. Cook 9 part of his Reports, fol. 124. where he seemeth to prove that antiquity hath thought that 20. l. in land was sufficient to maintain the degree of a Knight, as it appeareth in the ancient Treatise.  Demodo tenendi Parliamentum tempore Regis Edw. filii Regis Etheldred. 
Which also doth concur with that Act of Parliament made Anno 1. Ed. 2. de militibus, by which Act of Parliament Census militis. The state of the Knight is measured by 20. l. land a year, and not by any certain content of acres, and with this doth agree the state of Westmin. ca 36 and Pitz-natum Br●v. 82. where 20. l. land in socage is put in Equipage with a Knight's Fee, and this is the most reasonable estimation, for one acre may be less in value then many others, vid. An. 27. E. 3. c. 11. the printed books of the titles of honour, 319. M. Selden nata. And it is to be observed, that the relief of a Knight, & of all Superiors that are noble, is the 4. part of their revenue by the year, as of a Kt. 5. l. which is the 4. part of 20. l. & sic de cet. And this doth appear by the statute of Mag. charta ca 8 as in Cooks 9 report. f. 124. b. And because this tenure doth concern service in war, the Tenants, therefore are named milites a militia. For though the word do properly signify a soldier, yet antiquity hath appropriated that name to the chiefest of the military profession, vid. Bract. f. 35. b. In our law they are styled Miles, and never Equites; yet so, that Miles is taken for the selfsame, that Chevalier by M. Selden in his Titles of Honour, 1. Impression f. 334. Bracton f. 79. maketh mention of Rodknights, that is to say, serving horsemen, who held their lands with condition, that they should serve their Lords on horseback, and so by the cutting of a piece of a name, as our delight is to speak short, this name of Knight remaineth with us, Cambden fol. 171. for Armiger scilicet Esquire, which is a degree under a Knight was in the Military Service.  
Note, that he that holdeth by a whole Knight's Fee, must be with the King by 40. days well and conveniently arrayed for the war, Littleton fol. 20. which is to be understood to serve on horseback. And in all Nations the name of this dignity is taken of Horses; for the Italians calleth them Caveleiri, the Frenchmen Chivalers, the Germans Roisters, our Britain's in Wales, Morgogh. All of Riding, & in Latin we call them equites aurati, for at their creations beside the sword and girdle, guilt spurs, were added for a matter of more ornament.  
See the statute of Anno 8. H. 5, C. 3. M. Selden f. 317. and when a Knight doth commit any offence, for which he is by the Law to suffer death.  
The use hath been in the beginning of this punishment to degrade and deprive him publicly of his Honour of Knighthood. For it is but life lost or taken away, Vide Mills fol. 81. by ungirding his Military girdle, by taking away his sword, his guilt Spurs cut off with a Hatchet, his Gauntlets plucked off from him, and the schochean of his Arms reversed, 4. E. 4.20, Cambden 171 b. and of the degradation of a Knight, which was Andrew Horkley, under E. 2. who was a Scot born, by that King created Earl of Carleile, vide Selden, his Titles of Honour fol. 337.  
And by the statute made Anno 24. H. 8. cap. 13. entitled, An Act of Reformation of apparel. It was permitted for Knights to wear in a Collar of Gold, named a Collar of 55. Esses. And although this dignity of Knighthood had its original, and was given to men of war; yet in all successions of Ages, and in all Nations the same also is bestowed on men of peace by Sovereign Kings, that in several Functions and places in the Common-weal be of singular desert, whereby the service of the Commonweal at home is leveled and made equal with that abroad, for as Tully said truly, Parva sunt focis. Arma risi est Consilium domi. He that receiveth the Dignity of a Knight kneeleth down, and the King slightly smiteth him upon the shoulder speaking these words unto him therewithal in French. So is Chevalier a nome de dieu, that is to say, Be thou a Knight in the name of God, and then afterwards thereupon the King saith, Avances Chevalier, that is, arise Sir Knight, vide Hooker al. Vocrell, his C. 10. fol. also Selden f. 37. who there speaketh of our Earl Marshal of England for making of Knights; for a Knight is not made by Letters patents, or by the King's Writs, as are those of greater dignity, but by the sword; For this Honour is supposed to be given on the sudden, and therefore it is commonly done only by the sword without any patent, but the King may by his Letters Patten's create a Knight.  
Earls in ancient time had power in Knighthood, M. Selden title Honours, fol. 136. But now neither may the Prince nor any other of the Nobility make a Knight, but only the King or his Lieutenant by Commission hereof, vide Cook 6. part Dyer reports. f. 74. b. No man is born a Knight, Selden f. 3.18 as he may be to titles of Honour, Causa patet. But a Knight may be made so soon as he is baptised, as in that book is mentioned, excepts Knights Barronets, whose posterity doth receive that title by descent with some limitation; as in the King's Books thereof may appear. Note also in the said Titles of Honour, fol. 318 and 313. the first Knight made in England.  
With us in England there are divers sorts of Knights, whereof Camden fol. 171. and Mills do write at large; but my purpose is only to speak of one order of them: amongst the Romans there was but one Order of them, And these were next in degree to the Senators themselves, as with us they are to the Barons; and they who simply without any addition be called Knights, howsoever they are in Order ranked last; yet by institution they be first and of greatest antiquity, and the other attributes according to the several inventions of particular Princes.  
And I do not remember, that in our Law books, I have read any thing concerning the Order of Knights, with addition, viz. Knight of the Honourable Order of the Garter, Knight of the Bath, Knight Baronet, Knight Banneret, But in the statute of 21. H. 8. cap. 13. where it is thus enacted.  
Every Knight of the Garter may have three Chaplains, whereof every one may purchase licence or dispensation, and receive, have, and keep two Benefices with care of souls, and they of this Order whereof I have now writ, are called Knights of the spur, and Butcher Knights. And so it is used in the statute of 13. R. 2. cap. 1. and in the statute of 3. Ed. 4. cap. 5. Hereof see Cambden 176. and M. Seldens Title of Honours, fol. 336.  
Between Doctors of the Civil law, and Knights have ever been question for precedency and Sergeants at law▪ since either of them have obtained credit in the Common wealth: as may appear by the comparison that Tully maketh between Mucius Maurena, a Knight of Rome, and Publius Sulpicius a Lawyer; either of them standing for the Consulship. In his Eloquent Oration m●de for Mu●ena, and many Disputes of Bardell and Bardus, arguing the Case to and fro: which although it be yet disputable in foreign Countries, where the civil law is in credit; yet here amongst us in England, it is without controversy, and so the precedency thereof is undoubtedly in the Knight and Sergeant at law, in regard of their Callings. But if they both are of equal degree of knighthood, or a Sergeant at law not Knight, than it goeth otherwise, as by Knighthood, by Seigniority, and by Serieantship, by the King's Writ and degree allowed thereupon, Dr. Ridley 95. and so Selden his Titles of Honour, fol. 55. touching part of this Discourse, not all.  
The opinion of some men hath lately been, that Knights Lieutenants, that is to say, such as have been Ambassadors to foreign Princes or Judges within the Realm, may and aught to have, during their lives, precedency above men of their own ranks, after these their Offices expired, and many of them do stand strongly hereupon, & sub judice lis est, not determined by judgement, but admitting it to be so by way of Argument in that case; yet all the Heralds do utterly deny that privilege to the Mayor of London and Aldermen, or Justice of the peace, who have their limited Jurisdiction of Magistracy confined within the compass of their own walls and divisions.  
But touching the former, they are general Magistrates throughout the Realm, and their employment concerneth the whole Commonweal, and having the public Justice of Honour of the whole estate committed unto them, do more meritoriously draw from thence a greater respect of honour, according to the generality of their administrations and employments, which an inferior and more confined Magistrate may have.  
The name of a Knight is the name of Dignity, and a degree, as is the name of a Duke, Earl, etc. But in all actions he shall be named Knight, otherwise the Writ shall abate, See The●wall, lib. 3. cap. 3.  
A Knight also must be named by the name of Baptism, and by his surname, as Sir Jerome Bowes Knight, but those of degree honourable, who are made by patent, may be named only by their Christian name, and by their title of honour, as john Earl of Clare, and that for two causes; first, because of their solemn creations, it is notorious, (et nomen dicitur a noscendo.) Secondly, there is but one of that title of honour within England, and therefore it is certain what person he is, but otherwise of Knights, as it is certainly known in Anno 8. Edw. 4.24. a.  
And Priscot Chief Justice saith in 32. H. 6. fol. 26. b. that if an Esquire be made a Knight, he loseth his name of Esquire; but albeit a Knight may be made a Nobleman, or of any high degree, he still retaineth the name of Knight, and so ought to be styled in the making of all Writs. See Milles; fol. 81.  
Also, if a man do recover in an action by the name of john Stiles Esquire, and afterwards he is made a Knight, he must sue out his Scire facias by the name of Knight, Vide Long. anno 5. Ed. 4. fol. 19  
And this name shall not die with him, for if he were bound by an Obligation by the name of Gentleman or Esquire, and afterwards is made Knight and dyeth, the Plaintiff in the Action to be brought against his Executors must name him Knight, otherwise the Writ shall abate, Vide anno 7. H. 4.7.6. & 26. Ed. 3. fol. 64. a.  
Thomas Ormond was attainted by Parliament by the name of Thomas Ormond Knight, whereas he was no Knight, he shall not forfeit any thing by that attainder, because it cannot be intended the same person, for this word Knight is parcel of his name, 21. E. 4. fol. 17. a. If a Grant be made to H. Knight, when he is no knight, it is a void Grant. But if it be a Feoffment in Fee with livery of seism, the livery it maketh good Vide Broek titulo Grants, 50. Anno. 4. H. 6.  
If the Plaintiff or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight, the Writ shall not only abate, but also the Plaintiff or Demandant may not have another writ by journier account. Finches book 59 Vide Cooks b. part. de les Reports 1. b. But by the statute Anno 1. Ed. 6. cap. 7. It is amongst other things Enacted, that albeit any person or persons being Justices of Assize, Justices of Goal delivery, or Justices of the Peace within any of the King's Dominions, or being in any other of the King's Commissions whatsoever shall fortune to be made or created, Duke, Archbishop, Earl, marquis, Viscount, Baron, Bishop, Knight, Justice of the one Bench or on the other, or Sergeant at Law, or Sheriff? yet notwithstanding, he and they shall remain Justices and Commissioners, and have full power and Authority to execute the same in like manner and Form; as he or they might or ought to have done before the same.  
By the statute of Anno 5. H. 5. cap. 5. It is enacted as followeth, That every Writ original of accounts personal appeals, and Indictments shall be made with the addition of their Estates and Degrees, etc. and a little after it is provided, That if the said Writs of accounts personal be not according as the record and deed by the surplusage of the additions aforesaid, that for this cause they are not.  
john a Style Gent. is bound by obligation to one A. B. the Obliger is afterwards made Knight, the Bond is forfeited. A. B. by his Attorney draweth a note or title for an original Writ, according to the defendants degree, though it vary from the original, specially as it ought to be made by the statute: But the Cursitor mistaking did ●ake the original only according to such addition, as was specified in the Obligation, omitting his degree of dignity, and the Entry of Capias alias & plures, was according to the said original: but in the Exigent and Proclamation, and in the Entry of it, the Defendant was ●amed according to his degree of Dignity, upon a Writ of Error, after judgement, doubt was, if this might be amended in another Court, then where the original was made; and at last, it was resolved by all the Court, that the Record should be amended by the Cursitor, and made according to the Note or Title delivered unto him by the Plaintiffs Attorney, Cook 8. part fol. 15. b.  
It appeareth in our Book of Law, that the highest and lowest Dignity are universal; For as if a King of a Foreign Nation come into England by leave of the King of this Realm (as it ought to be) in this case he shall ●●e and be sued in the name of a King, 11. Ed. 3. Test Breccon. 473. So shall he sue or be sued by the Name of a Knight, whersoever he received that degree of Dignity, ●o. Ed. 4.6. H. 6.14. but otherwise it is, as ●f a Duke, marquis, Earl or other Title of Honour given by any Foreign King; yea though the King by Letters Patents of ●ife conduct, do name him Duke, or by any other his foreign Title of Dignity: For experience showeth, that Kings joined in league together (by a certain mutual, ●nd as it were a Natural power of Monarches, according ●o the Law of Nations) have denized one another's subjects and Ambassadors, graced with this title of Honour.  
Therefore though a Knight receive his Dignity of Foreign Prince, he is so to be styled in all Legal proceed within England, Vide Cook, 7. part. fol. 16. b.  
And Kings were wont to send their sons to the●● Neighbour Princes, to receive Knighthood at thei● hands, Vide Selden, fol. 331. & 308. thinking that i● was more honourable to take Arms of some other, le●● affection might seem to prevent judgement, when th● father gave them that honour.  
Thus was our King H. 2. sent unto David King o● Scots, and Malcombe also king there, sent unto our H 2. and our king to the king of Castille, to take of them Military or Civil Arms, for the terms and phrase● they used in that age for the making of a knight, Vid● Camden 174.8. vide Selden, fol. 315.  
And knights in all foreign Countries have eve● place and precedency according as they are ancient knights, which privilege is deemed to Noblemen, for be they never so ancient in forraigce Countries, they shall go before as Puesneys.  
The degree of knighthood is not only a Dignity and honour to the party, for so it is termed in Brooke, title Additions, fol. 44. but honourable for the kingdom; and therefore it hath been an ancient Prerogative of the kings of this Realm, at their pleasure to compel men of worth to take upon them this degree upon the payment of a Fine, as appeareth in Ann. 7. H. 6.15. Pitzh. Abridg. tit. Im. 12. and by the Statute, a. 1. Ed. 2. de militibus. But we see by experience in these days, that none are compelled thereunto, and that is the reason; wherefore if the Plaintiff be made knight hanging the Writ it shall abate, because he hath changed his name, and that by his own act, Vide Cook 7. part f. 27. b. part 10. b. 1, Ed. 6. cap. 7. contrary.  
And for that cause also by the common Law, not only the king, but every Lord of a Manor ought to have of every of his tenants a reasonable fine to make his eldest son knight, Vide Bracton, fol. 36. b. and all lands are subject to these aides, except only ancient Demesnes, and grand and petty serjeantly tenors, as the Law hath been anciently delivered, Vide Fiszh. Nat. bre. f. 83. a. and Selden, f. 13. where it is also said, one that wrote a little after the statute of West, the first allows as a good bar to the avowry for the tenant to plead, that the father himself is no knight, so that one not knighted cannot claim the aid of his own Tenants, Briton de Prizes de Avers.  
And it was not at the liberty of the Lord to make more or less of his Tenants, by the common Law in this case but by the statute at Westminster, 1. cap. 35. it is put into certainty, viz. forasmuch as before this time reasonable and to make one son knight, or to marry his daughter was never put into certainty, nor how much should be taken at that time, whereby some levied unreasonable aid, and more often then seemed necessary whereby the people were sore grieved.  
And it is therefore provided, that from henceforth a whole knights see be taken but 20. s. and of more, more, and of less, less, after that rate, and that none shall levy such aid to make his son knight, until the son be 15. years of age, nor to marry his daughter until she be of the age of 7. years and of that there shall be mention made in the king's Writs, form on the same if any one will demand it, and if it happen that the Father after he had levied any such aid of his Tenants, did before he hath married his Daughter, the Executors of th● Father shall be bound to the daughter, for so much as th● Father received for the Aid. And if the Father's goods b● not sufficient, his heir shall be charged therewith unto th● daughter, and this Heir is so incident, that although th● Lord do confirm unto the Tenant to hold by fealty an● certain Rent, and release unto him all other services an● demands; yet he shall have the aid to make his elde●● Son Knight, Anno 40. E. 3. f. 22. Finches book 24. but the King was not bound by the statute beforementioned, because the King was not named in that statute, and therefore by the statute 25. E. 3. cap. 11. The King's aids were brought to a like value, Selden fol. 3.30.  
The intention of the Law, is, that an heir within the age of 21. years is not able to do Knight-service, till his full age of 21. years, Littleton lib. 2. cap 4. f. 22.  
But such a presumption of Law doth give place to 〈◊〉 judgement and proof to the contrary, as Bracton saith. Sa●●litur presumptioni donec probetur in contrarium.  
And therefore the King who is the Sovereign and Supreme Judge of Chivalty, hath dubbed him Knight, he by this hath judged him able to do him Knight-service, and all men concluded not to say to the contrary, & therefore such an heir being made Knight, either in the life of his Father, or afterwards during his minority, shall be out of ward and custody, both for Lands, and for his body, or marriage, by the ancient common Law; by reason also, that the Honour of Knighthood is so great, that it is not to be holden under by any: yet if the King do create any such an Heir within Age, a Duke, or marquis, Earl. Count, Viscount, or Baron, by this he shall be out of ward ●nd custody, both for his Land and for his body, vide ●ook 6 part 74, a.  
And therefore it is provided by the statute of Mag●●●harta, Cap. 3. Ita tamen quod si ipse dum infra aetatem fue●●t, fiat miles nihil ominus terra remaneat in custodia do●inorum suorum. So that although such an heir within age 〈◊〉 made a Knight, and thereby to this purpose is estee●ed of full age; yet the Laws shall remain in the custo●●● of the Lord till his age of 21. years by the provision 〈◊〉 the said Act. Quere, if the son and heir of the Tenant 〈◊〉 the King by Knight-service, etc. be made Knight in ●aris by the King of France? whether he shall be out of ●ardship after the death of his Father or no, for thereby ●e is a Knight in England, Cook. 7. par. a. 2. E. 4. fo. b. tamen ●ide Cooks 6. par. 74. b. Mention is only made of Knights, ●ade by the King himself, or by his Lieutenants in Ire●●nd.  
But when the King doth make an heir apparent with●● age of a Tenant by Knight's service, a Knight in the ●se time of his Ancestor, and after the death of his Ancestor, the said heir being within age, shall in this case be 〈◊〉 of ward, and shall pay no value for his marriage, nei●her shall the Lord have the custody of the Land; for in ●hat case by the making of him Knight in the life of his Ancestor, he is made of full age: so that when his Ancestor byeth, no Interest in the body nor in the Land shall in●est, but the Knight may tender his livery, as if he were 〈◊〉 full age, and in this case the King shall have primer ●●ism, as if he had been 21. years old at the time of the decease of his Ancestor, and not otherwise. Cooks 8. part. fol. 〈◊〉 71. a. for the statute of Magna Charta doth not extend ●nto it. For the purpose of it doth extend only when the Heir is in ward, infra etatem is made Knight, then rema neat torra in Custodia. But when the Heir is in ward, being Knight in the life of his Ancestor, than the Custod● cannot remain or continue, which had never any inception or essence.  
Also when the Heir after the death of his Ancestor within age is made a Knight, if after tender made unt● him, he within Age doth marry elsewhere; yet he shal● not pay the Forfeiture of his Marriage: For by the making of him Knight, he is out of ward and custody of hi● Lord; for than he ought to be sui juris, and may employ himself in Feats of Arms for defence of this Realm, and therefore may not be within the Custody or keeping of another, but none shall pay any Forfeiture, but when after refusal he doth marry himself during the time when he is under the Custody or keeping of his Lord.  
And this doth appear by the statute of Merton, cap. 6. Si maritaverit sine licentia Domini sui ut ei auferat, Maritagium suum, etc. Which Words cannot be understood, when he is out of Ward and Custody, no more than when he is married after his age of one and twenty years.  
Note, hereby may appear that the King may pre●ent his Grant or other Lords of the double value by Knighthood; yet in such a C●se presently after the Heir is made Knight, after the Death of his Ancestor, the Lord may have a Writ de valour Marigii, for the single Cooks 6. part 74. and 75. and note Plowden f. 267.  
Also by the ancient Common-law of this Realm, if a Villain be be made a Knight, he is immediately enfran●ranchized, Olanvile lib. 5. cap. 5. f. 27. and Bracton, lib. 4. ●ap. 198. b.  
Or if a Ribald or man of base Birth and Condition had strucken a Knight he should by the ancient Laws have ●ost his hand wherewith he offended, Britton 19 in his appeals.  
But in France it was judged anciently, that when a ●ord of a villain had Knighted his villain, being a Gentleman, he became Free, and had the Honour lawfully, ●ut if another Lord had Knighted him, nothing had been ●rought by it: For none could mannue him, but the Lord, and till Manumission or till Knighthood had ci●ill Freedom for his ground, he was not capable of it, except by the King only, vide selden's Titles of Honour; fol. 318.  
It was enacted in Parliament, Anno 6. joh. Regis in ●ec verba, Rex vicecom. etc. Sciatis quod consensum, est cum assensu Archieporum, Comit. Baronium. & omnium fidelium urum Angl. quod Novem milites per totam Angl. invenient decimum militem bene paratum equis & Armis ●d defensionem Regni nostri vide Cook before his ninth Book. b.  
There hath ever been and still is great use of the service of Knights, even in civil affairs, and concerning matters of justice, as in a Writ of right, which is the highest writ in the law, for the trials of titles touching the inheritance of lands, the Tenant is at election to have his trial by a grand assize, or else by battle; if by the great assize, than 〈◊〉 de magna assiza Elegenda sh●ll be taken out. And upon the return of that Writ those four Knights nominated, must appear Gladiis cinctis Dyer, 79. f. 103.  
If the Tenant make his election by Battle, each parties are to choose their Champions, and the Court shall award the Battle, and the Champions shall be a mainprize, and sworn to perform the Battle at a certain day in the Term, and idem dies shall be given to the parties, at which day and place, a List shall be made in an even and plain ground, their Squadrant, that is to say, every square 60. foot, East, West, North, and South, and the place or Court for the Justices of the Common Pleas without, and upon the Lists furnished with the same , which belong to their Court at Westminster, and a Bar there shall be made for the Sergeants at Law, and the Robes of the Justices and Sergeants shall be of Scarlet, with their Coifs, as it was Anno 13. Eliz. and then was made Proclamation with three O. yes, etc. and the Demandant was first solemnly demanded, and did not appear: Whereupon the Mainprize of the Champion was demanded to bring forth the Champion of the Demandant, who came to the place apparelled with red Sandals upon his black Armour, bare legged from the knee downwards, and bore headed, and bare Arms to the Elbows, being brought in by a Knight, namely by Sir Jerome Bowes, who carried a Red Baston of an Ell long, typt with horn, and a Yeoman carrying the Target made of double Leather, and they were brought in at the North side of the Lists, and went about the sides of the Lists, and then came towards the Bar before the Justices, with their solemn Congees, and there was he made to stay on the Southside of the place, being the right side of the Court.  
And after that the other Champion was brought in like manner at the Southside of the lists with like congees, by the hands of Sir Henry Cheney, Knight, and was placed on the Northside of the Bar, and two Sergeants, being of the counsel of each party, in the midst between them; this done the Demandant was solemnly called again, and appeared not, but made defanit, Bucham Sergeant for the Tenant prayed the Court to record the nonsuite, quod factum fuit, and then Dyer chief justice reciting the Writ and Count and issue joined upon the battle, and the oath of the Champion to perform it, and the prefixion of his day and place, did give judgement against the Demandant, and that the Tenant should have the Land to him, and to his heirs for ever.  
And the Demandant, and his pledges, de prosequendo in miserecordia Reginae, and afterwards solemn Proclamation was made, that the Champions, and all other there present, which were by estimation four thousand persons might departed in the peace of God, & the Queen, Et sic fecerunt magra clamore, vivat R●gina, vid. Dy. 30.  
Also if false judgement be given in the county in the Sheriff's Court, than the Writ shall be directed unto the same Sheriff, and the writ shall be thus, viz. Henricus etc. vic' Lincoln' saltum si Jo: Afec' tunc inpleno Comitat. tuo recordari fac' loquar: que est in eodem Comitatu tuo per bre ' nostri de recto inter johannem a pretend & W. B. tenent' de uno messuagio & centum acres terrae c●m pertinena ' in Com' unde idem Io: acqueritur? falsum sibi factum suisse judicium in eodem & recordo illud litter' coram Iustic' nostris apud Westm' tali die sub sigillo tuo; et legales milites ejusdem Com' & illis qui record' illi interfuerunt & some ' per bonos somonon' pred' B. quod tunc et ibi anditurae recordum illud et habeas ibi sun ' nostra quatuor militum et hoc bre ' Fitz. H. Nat. br' et ibid. and these four must be Knights indeed.  
Also the justices upon consideration of the usual words in every Writ of Venire facias, which by precipimus eibi quod venire facias ceram, etc. 12 tam milites quamalios liberos et legales homines. etc. Say that these words, tam milites were not at the first put into the Writ without effect, Plowden, fol. ●17. b. For it seemeth that in di●bus illis; some Knights were returned upon every ●enire facias. By the Statute of Magna Charta, cap. 12. It is ordained, that Assizes of Novel diseisin, and Mors. Dancestor should not be taken any where, but within the Counties where they happen.  
If a Tenant do lay an essoign, de malo lecti, he may have a Writ out of the Chancery, to warrant it, by which it shall be commanded to four Knights to view him, and if they see him sick, than they are to give him day to the end of a year, and a day, Finches book 87. b. note the Register, fol. 117. b. quod corceratur non obligatur nisi sit miles, etc. juxea fornam statuti Westm. 1. cap. 10. & Stamford's pleas, fol. 40.  
It is a received opinion, that Knights are excused from attendance at Leets, Britton, 29. and 36. is cited to prove it; and by a large understanding of the intent, and meaning of the Statute of Marlbr. cap. 10. For the ancient Common-law hath such respect unto the degree of knighthood, that they or their eldest sons, were not compellable to find pledges in the Leet, or law-days: For the Statute of Marlbr. aforesaid, was not introductive legis, For it was before the Conquest, vide the Lord Chancellor's speech, fol. 77. and the Common-law by this Statute is not alleged; and to that effect, vide Finches Book, fol. 132. a. and Bro. tit. fol. 39 and to the book called the Mirror of justice, mentioned in the Preface to Cooks ninth part: it is said, that Knights are excepted, and so it appears, that the practice, was as well before, as immediately after, the making of that Statute of Marlb. and interpretation practica, a principle way and form of interpretation of Laws.  
The Lord Chancellor's speech in the case of Post-nati, 34. and in Divinity, Propter sanctorum est interpretes preceptorum, ibidem 66. But a Knight, and superiors, and inferiors, are bound by Law to take notice of the proceed there: For if a man be outlawed for felony at a County Court, and one of the same County not knowing of the felony doth receive him he is accessary, 13. & 14. Eliz. Dyer, 355. a. et Stamford 96. et 41. Eliz.  
Also when the King doth summon to his Parliament, Writs shall be sent to the Sheriff, to make choice of Knights for every shire; in this form, Rex vlc' etc. saltim quia _____ nostri Consilii pro quibusdam arduis & urgentibus negotiis nos statum et defensionem regni nostri Anglia & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud civitatem nostram Westm. 12. d●e Novembr. prox' futur' teneri ordinavimus et ibidem prefatis magna tibus Proceribus dom' regni nostri colloquium habere et tractare tibi precipimus firmiter injungentis quod facta proclamatione in proximo _____ tuo po●t receptionem hujus litteris nostris tenen l' die & loco praedict' d●os milites gladiis cinctis magis idoneos, & discret' com' predict, etc. & electionem illam in _____ distinct & aperte sub sigillo tuo, & sub sigillis eorum qui electioni. illi interfuerint nobis in Cancellaria nostra, _____ & locum certifices indilate; Cromptons' Courts, 1. b. vide Stat. de An. 23. H. 6. cap. 15. Where amongst other things it is enacted that the Knights of the Shires for Parliaments, hereafter to be chosen shall be natural Knights of the same County, for the which they shall be so chosen, or otherwise such natural Esquiers or Gentlemen being of the same County as shall be able to be Knights; vide Plowden, fol. 121.  
Peers are by intendment of Law, sufficient of Freehold, and that is one of the reasons, whereof no capias or exigent lieth against him for debt or trespass; but the Law hath not that opinion of the Knight's sufficiency of Freehold, for be may be a Knight Sans terrae; therefore 26. H. 8.7. a. Brooke Exigent 72. and then he is to be returned of any jury or inquest, howsoever he may be worthy, and sufficient to serve the Commonwealth in Marshal affairs.  
The wives and widows of Knights in legal proceed and in Courts of justice have not the titles of Ladies as the wives or widows of Noblemen have, but that title by the courteous speech of England.  
And if in any action they be not called Ladies, for that cause, the writ shall not abate for that surplusage, Anno 8. H. 6.10. because Dominae is generally as men Domini, so women after 14. years of age called Dominae, Ladies or Dames, and which were anciently navigeable women were called Dominae, and by our English Poets, Dames; First, Dominae is often for women generally, as special Honour for that sex, not being out of use with us at this day, nor with the French; as also amongst the Italians, Dominae for them is familiar, vide Seldens title of Honour, 1. part fol. 53. But if she be named Countess or Baroness shall abate the writ 14. H. 6.2. And Cooks 6. part, des reports, 53. b.  
By the statute of Magna charta, cap. 21. Knights are free from cart taking, that no Demean cart of them shall be taken.  
By the statute of 1. jac. cap. 27. It seemeth, that Knights may keep Greyhounds, and setting Dogs, or Nets to take Pheasants or Partridges in; though they cannot dispense 10. l. per annum nor be worth 200. l. For the express words of that statute are, that all the Sons of Knights are excepted.  

Observations concerning a Knight Bachelor.  
A Knight Bachelor cannot claim the privilege, that Knights have from cart-taking, by Magna charta, cap. 21.  
A Knight Bachelors Son cannot keep a Greyhound, because he is not within the statute of, 1. jac. cap. 27. unless he have 10. l. Lands, etc.  
Quars', whether the Knight Bachelors addition, do abate any action, etc.  
If one be Knighted in the life time of his Father, it frees him of wardship, but è contrario of a Knight Bachelor.  
Knights are excused from attendance at Leets, but so are not Knights Bachelors.   

Of Esquires.  
ALthough by the Civil Law, there be no Gentlemen of title, under Knights, but all the rest wont under the name of people, yet with us, there are in the rank who have names of pre-eminence, whereby they are in degree above the rest; as Esquiers and Gentlemen, all which give ensigns or coats of arms, and thereby are distingnished from the meaner sort of people, in which respect (Bartol. Tract. de Insignis) calleth Noble, but of a weak Nobility, for it hath no further prerogative in it, then that it makes them differ from the base sort of people.  
Of these two sort of Gentlemen, with us, the Esquire hath the Prerogative priority, but it seems, if an Esquire be named Gentleman, or a Gentleman be named Esquire, it is no vice in legal proceed, Brook additions, 44.  
Esquire seemeth by the Common name, we give him in Latin, to have had his original, either for that he carried the armour of the King, Duke, or other great personage, as we see not only in the Scriptures, as Saul and Jonathan had their armour bearers, but in Poets and other Profane stories, Patroclus was Achilles his armour bearer, and Clitus great Alexanders, whereupon some writ, that he, whom we call Armiger in Latin, is a Footman, that with a spear, shield, or head piece followeth an armed Knight in battle, or rather as some others suppose; It is the Footman himself armed in the field; but howsoever the word be taken, this is sure, those men were of good account in old time, as those who won themselves credit out of war, and so their estimation remained unto their posterity; And as those were in time before, so are these, which are in our days, as descending for the most part from their worthy Ancestors, and our books of the Common Law do distinguish them thus, that is to say.  
Knighthood is a dignity, but Esquires and Gentlemen are but names of worship, An. 14. H. 5. And Brook in his Abridgement in that case, 'tis nosmer de dignity, 33. saith, to be a Knight est Gradus, but to be an Esquire or Gentleman est Status. For Gradus continet Statum inse, & non è contrari, vide Thesoal. 105. concerning this word (worshipful,) read in the printed book, Master Seldens title of honour, Prima pars fol. 124. & sequentia.  
In time past, every Knight had two of these waiting upon him, they carried his morion and shield, and as inseparable Companions, they stuck close to him because of the said Knight their Lord, they had certain lands in escuage, like as had the Knight himself, who held them of the King by Knight's service.  
The beginning of arms in Europe amongst Christians is supposed from the ●oly wars, for the Turk paint them not, and so with us a●out H. 3. They became more hereditarily established, and when the Prince enabled any, he gave them the particular of his bearing in Blazon, Master Seld n in his Preface fol. 5. where you may also see an example in the Reign of R. 2.  
But now adays there are five distinct sorts of these, for those whom I have spoken already, be now no more in any request, the principal Esquires at this day, are accounted those, that are elected Esquires for the Prince's body. The next unto them be Knights eldest Sons successively; In a third place are reputed younger Sons of the eldest Sons of Barons, and of other Nobles of higher estate; and when such Heirs Males fails, together with them also the title faileth.  
In a fourth rank are reckoned those, unto whom the King himself together with the title giveth arms, or createth Esquires by putting about their necks a silver Collar of S. S. and in former times upon their heels a pair of white spurs silvered, whereupon at this day in the West part of the Kingdom, they are called white spurs, and to the first begotten Son only of these doth this title belong.  
In a fift and last place be those ranked, and taken for Esquires, who have any superior public office in the Commonwealth, or serve the Prince in any worshipful calling, at the Coronations of Kings and Queens, Knights of the Bath are made men of worth, and honourable blood, to the end that their Majesties may be accompanied in their own honours, every of which Knight having two Gentlemen to attend him in that Ceremony, who are ever after enabled by that service to be Esquires during their lives.  
But this name of Esquire, which in ancient time was a name of charge and office only, first crept in amongst other titles of dignity and worship (so fare as ever I could observe) In the reign of R. 2. Camden, fol. 176. vide Sir Thomas Smith de republica, Anglorum fol. 26. where saith he, that the Esquire is no distinct order of the Commonwealth, and hereof see the statute of An. 16. R. 2. cap 4. and an. ejusdem Regis, cap. 2.  
A Sergeant of the Kitchen in the King's house, may bear the name and addition of Cook, or of Esquire, by the opinion of Newton. But jenny said, that such officers of the King's  would be much agreved, if they should be named by their trade or occupation: Paston peradventure faith in that case, the writ may be good, because of the Statute, Anno 1. H. 5. cap 5. For the Statute is, That he shall be named of the Town, degree, state, condition, or mystery: And when he was named, Cook he observed the Statute: For he hath named him by his name of mystery, and yet he may be in that case an Esquire, and a Cook, 14. H. 6. fol. 15.  
If a man be an Esquire, or Gentleman only by office, and lose his office, he than doth lose his gentry, also, 26. H. 6. Estopell 47.  
Note, Esquire or Gentleman, are but additions to satisfy the said Statute: But names of dignity are parcel of the name, vide Bro: additions, 58.21. E. 4.71. b. and therefore if a praecipe quod reddat be brought against A.B. yeoman, and Recovery is had, whereas the Tenant was a Gentleman, yet the Recovery is good: The same Law where a Release is made to A. B. yeoman, who is a Gentleman, and where addition is given by the Party, where it needeth not by the law (being no dignity) it is void, so if a deed be made to a Gentle man by the name of a yeoman: For there is a great difference between deeds and writs, Cooks 6. part. a.  
If an Esquire be to be arraigned of high treason, he may and aught to be tried, Per probos & legales homines that may dispend 40. s. per An. of freehold, or be a 100 l. in value in goods, and so the Statute that doth speak of men of his condition hath always been put in ure, Dyer 99 b.  
The King may make an Esquire by Patent in these words, viz. creamus to Armegerum, etc. Note Mr. Selden, his Preface to his titles of honour 5. b and 313.  
By the Statute of 21. H. 8. cap. 13. It is amongst other things enacted, That the brethren and sons borne in wedlock of every Knight, being spiritual men, may every of them purchase licence and dispensation, and receive, take, and keep two parsonages, or benefices with cure of souls.  
The son or sons of any Knight is privileged to keep a Grey hound, or setting dog, or nets to take Peasants, or Patridges in, though he cannot dispend x. i in his own right, or in his wives right of an estate of inheritance, or of the value of 30. l. of estate for life, 1. Jac. cap. 17.   

The Definition of Gentry, or civil Nobility.  
Generou seemeth to be made of two words, the one French, Gentile honestus, vel honesto natus; the other Saxon (money) as if you would say, a man well borne, and under this name are all comprised, that are above yeoman, so that Nobles are truly called Gentlemen, by the course and custom of England.  
Nobility, is either Major, or Minor; Major contains all titles, and degrees from Knights upwards, Minor from all Barons downwards, Gentlemen have their beginning, either of blood, as that they are borne of worshipful Parents, or that they had expedited something worthy in peace or war, whereby they deserve to have arms, and to be accounted Gentlemen.  
But in these days he is a Gentleman, who is so commonly taken, and reputed, Doctor Ridley 96. And whosoever studieth in the Universities, who professeth the liberal sciences, and to be short, who can live idly, and without manual labour, and will bear the Port, charge, and countenance of a Gentleman, he shall be called Master: For that is the title that men give to Esquires, and other Gentlemen: For true it is with us, as one said; Tanti eris aliis quanti tibi sueris: and if need be, a King of Heralds shall give him for money arms newly made, and invented with the Crest and all: the title whereof shall pretend to have bin found by the said Herald, in the perusing and viewing of old Registers, where his ancestors in time past had been recorded to bear the same: or if he will do it more truly, and of better faith, he will write, that for the merits of, and certain qualities that he doth see in him, and for sundry noble acts which he hath performed, he by the authority which he hath, as King of Heralds in his Province, and of arms, giveth unto him and his heirs, these and these heroical bearings in arms, vide Smith de Republic. Anglorum.  
But some men of judgement make doubt and question, whether this manner of making Gentlemen is to be allowed or no: and it may seem, that it is not amiss: For first the Province looseth nothing by it, as he should do, if he were in France. Read Fortescue, fol. 82.  
For the Yeoman or Husbandman is no more subject to toil, or tax in England, than Gentlemen; nay in every payment to the King, the Gentleman is more charged, which he beareth the more gladlier, and dare not gainsay, to save and keep his honour and reputation, in any show, or muster, or other particular charge of the Town where he is, he must open his purse wider, and augment his proportion above others, or else he doth diminish his honour, and reputation: as for their outward show: a Gentleman, if he will be accounted, he must go like a Gentleman.  
And if he be called to the wars, he must, and will whatsoever it cost him, array himself, and arm his body according to the vocation that he pretendeth, he must also show a more manlike courage and tokens of better education; higher stomach, and bountifuller liberality than others, and keep about him idle servants, who shall do nothing but wait upon him, so that no man hath hurt by it, but himself, who hereby (perchance) will bear a bigger sail, than he is well able to maintain.  
For as touching the policy and government of the Commonwealth, it is not those that have to do with it, which will magnify themselves, and go in higher Buskins than their estate, but they who are to be appointed, are persons tried and well known.  
In 25. Eliz. the case was, that whereas it is required by the Statutes of 1. H. 5. cap. 5. That in every writ original, &c, in which an exigent shall be awarded, that additions should be given unto the Defendant of their estate, and degree, etc. and the case was that one was a yeoman by his birth, and yet commonly called and reputed a Gentleman; and yet it was adjudged, that a writ may be brought against him with the addition of Gentleman: For so much as the intention of the act, is to have such a name given, by which he may be known, this is sufficient to satisfy the law, and the act of Parliament: For nomen dicitur a nostendo, quia natitiam facit, Cook. 6. part. 65. and 67. a.  
But if a Gentleman be sued by addition of Husbandman he may say he is a Gentleman, and demand judgement of the Writ without saying (and not husbandman:) For a Gentleman may be a husbandman, but he shall be sued by his addition most worthy, An. 14. H. 6. b. 16. For a Gentleman of what estate soever he be, although he go to plough, and by common Law, though he have nothing in his purse; yet is a Gentleman, and shall not be named in legal proceed, Labourer Long, 5. E. 4 33.14. H. 6. fol. 15, a. Dyer.  
If a Gentleman be bound an aprentice to a Merchant, or else, etc. be hath not thereby lost his degree of Gentry, Estopell 47.  
But if a Recovery be had against a Gentleman by the name of yeoman, in which case no addition is necessary, than it is no error, Brook Cron 83. addition 58. So if any deed or obligation be made unto him by the name of yeoman.  
If a Capius go against A. B. yeoman, and if the Sheriff● take A. B. Gentleman, an action of false imprisonment lieth against the Sheriff, vide An. 21. E. 4. fol. 71. b.  
But if a yeoman be indicted: and A.B. Gentleman being the same man be produced it is good, Kelway 58. b.   

Gentlewomen have the same additions. vide Dyer, 88  
IF one be a Gentleman by office, and looseth his office, than he doth also lose his gentility, 28. H. 6.2. Estopel 47.  
By the Statute of 5. Eliz. cap 4. entitled an act touching divers orders for Artificers; Labourers, Servants of husbandry, and apprentices; amongst other things, It is enacted, that a Gentleman borne, etc. shall not be compelled to serve in husbandry.  
If any Falcon be lost, and is found, it shall be brought to the Sheriff, who must make Proclamation, and if the owner come not within four months, then if the Finder be a simple man, the Sheriff may keep the Hawk, making agreement with him that took it, but if he be a Gentleman, and of estate to have, and keep a Falcon, than the Sheriff ought to deliver unto him the Falcon, taking of him reasonable costs, for the time that he had him in custody, An. 34. E. 3. cap. 22. and anno 37. E. 3. cap. 19  
A Commission is made to keep chrildrens into Cathedral Churches, where children be instructed to sing for the furnishing of the King's Chapel: These general words by construction of Law have a reasonable intendment, viz. That such children who be brought up and taught to sing, to seek and sustain their living by it; Those may be taken for the King's service, and it shall be a good preferment unto them to serve the King in his Chapel; but the sons of Gentlemen, or any other that are taught to sing for their ornament, delight or recreation, and not thereby to seek their living, may not be taken against their will, or the consent of their Parents and friends, and so it was resolved by the two chief justices, and all the Court of Star-chamber, anno 43. Eliz. in the case of one Evans, who had by colour of such Letters Patents taken the son of one Clifton a Gentleman of quality in Norfolk, who was taught to sing for his recreation, which Evans was for the same offence grievously punished, Cook, 8. Reports, fol. 46.  
And to the end, it may withal appear what degrees of Nobility and Gentry there were in this Realm, before the coming in of the Normans, and by what merits men might ascend, and be promoted to the same; I will show you the copy of an English or Saxon antiquity, which you may read in Lambert's Perambulation of Kent, fol. 3 64. and Englished thus, viz.  
It was sometimes in the English Laws, that the people and laws were in reputation, than were the wisest of the people, worship-worthy in his degree, Earl and Chorle, Theyne, and under Theyne: and if a Chorle so thrived, that had fully five hides of land of his own, a Church, and a Kitchen, a Bel-house, and a Gate, a seat, a several office in the King's Hall; then was he from thenceforth the Theines right worthy, and if a Theyne so thrived, that he served the King on his message, on his journey-ward in his household, if he than had a Theyne, which him followed, who to the King's experience had five hides, and in the King's Palace his Lord had served, and thrice with his errand had gone to the King, he might afterwards with his foreoath, his Lords part play at need; and if a Theyne that he became an Earl, than was he from henceforth the Theynes right worthy; and if a Scholar so thrived through learning, that he had degree, and served Christ, he was thenceforth of dignity and peace: so much worthy as thereunto belonged; unless he forfeited, so that he, the use of his degree ne might, Mils 73. Nobility, Political, and Civil.  
It is observable, that the Saxons out of all these trades of life, which be conversant in gain admitted to the state of Gentry, such only as increased by honest husbandry, or plentiful merchandise; of the first of which Cicero affirmeth, that there is nothing meeter for a Free borne man; and of the other that is praiseworthy also, if at the length being satisfied with gain, as it hath often come from the sea to the haven, so it changeth from the havens into lands and possessions; and therefore, whereas Gervasius Tilburiensis in his observations of the Exchequer, accounting it an abasing for a Gentleman to occupy Publicum mercimonium, common buying and selling, it ought to be referred to the other two parts of merchandise, that is, to negotiation which is retailing or keeping of an open shop, and to invention which is exercise mercery, or some call it to play the Chapman, and not to navigation, which (as you see) is the only laudable part of all buying and selling.  
And again, whereas by the Statute of Magna charta, cap 6. and Merton cap. 7. It was a discouragement for a ward in Chivalry, which in old time, was as much as to say, a Gentleman to be married to the Daughter of a Burgess, I think it ought to be restrained to such only as professed handy crafts, or those base arts of buying and selling, to get their living by. But this matter I leave to the Heralds.  
And in this place, it may be remembered, that King Hen. 8. thought it no disparegement unto him, when he took Anne, Daughter of Thomas Bullen, sometimes Major of London to his wife.  
The Statute of Westminster, 2. cap. I. which was made, Anno 13. E. 1. was procured, especially, and purposely at the desire of Gentlemen for the preservation of their lands and hereditaments, together with their surnames and faculties, and therefore, one called this Statute, Gentiliteum municipale, and the Lawyers call it, Ius taliatum & taliabile.  
The children only of Gentlemen were wont to be admitted into the Inns of Court, and thereby it came to pass, that there was scant any man found within the Realm skilful and cunning in the Laws except he were a Gentleman borne, and came of a good house; For they, more than any kind of men, have a special care to their Nobility, and to the preservation of their honour and same; for in those Inns of Court are virtue studied, and vices exiled; for that for the endowment of virtue, and abandoning of vice, Knights and Barons with other States, and Noblemen of the Realm, place their Children in these Inns, though they desire not to have them learned in the Laws, nor to live by the practice thereof, but only upon their Father's allowance, vide Fortescue de laudibus Anglorum, cap. 49.  
But the Statute of An. 3. jac. cap. 4. amongst other things it is enacted, that if any Gentleman or Person of high degree, shall hereafter go or pass voluntarily out of this Realm to ferve any foreign Prince, State, or Potentate, before that he or they shall become bounden with two sureties, as shall be allowed of the Officers, by that act limited to take the said bond unto the King his Heirs and Successors in the sum of twenty pounds of currant English money at the least, with condition to the effect following; he shall be a fellow, (viz.) That if the within Bounden, etc. shall not at any time then after be reconciled to the Pope, or Sea of Rome, not shall enter into, or consent unto any practice, plot, or conspiracy whatsoever against the King's Majesty, his Heirs, and Successors, or any of his, or their estate or estates, Realms and Dominions, but shall within convenient time after knowledge thereof had, revealed and disclosed to the King's Majesty, his Heirs and Successors, or some of the Lords of his, or their Privy Counsel, all such practices, plots, and conspiracies, and that then the said obligation to be void, etc.   

Of Yeomen.  
THe Yeomanry or Common people, for they be called of the Saxon word Zemen, which doth signify Common, who have some lands of their own to live upon; for a carve of land, or Blow land, was in ancient times of the yearly value of five Nobles, and this was the living of a sober man, or Yeoman; Cooks 9 part fol. 124. b. But in our Laws, they are called Legales homines; a word very familiar in writs and inquests, and by divers Statutes, it hath been enacted, that none should pass in any inquest, unless they had forty shillings freehold in yearly revenues, which maketh, if the most value were taken to the proportion of monies above six pounds of our currant money at this present; Sir Thomas Smith fol. 30. and by the Statute of 27. Eliz. cap. 6. jurours must have 4. l. in lands.  
In the end of the Statute, 23. H. 6. cap. 15. concerning the election of Knights for the Parliament, it is expressly provided, that no man shall be such Knight, which standeth in the degree of a Yeoman.  
It appeareth in Lambert's perambulation of Kent, that this Saxon word Telphinorman was given to the Theine or Gentleman, because his life was valued at twelve hundred shillings, and in those days, the lives of all sorts of men, were rated at certain sums of money, Telphinorman, to the Chorle or Yeoman, because the price of his head was taxed at two hundred shillings; which thing (if it were expressly set forth in sundry old Laws yet extant,) might well enough be found in the Etymology of the words themselves, the one called a Twelve hund, as if it were a twelve hundred.  
And in this estate, they please themselves, and joy exceedingly, insomuch as a man may find sundry Yeomen, although otherwise comparable for wealth with many of the Gentle sort that will not yet for that, change their condition, nor desire to be apparelled with the title of Gentry. Lambert's estate of Kent, names the Yeomanry of Kent, when a Yeoman of 10000 l. yearly revenues, and refused any other superior title, but these are now no more heard of, etc.  
By the Common Law as may appear in An. 1. E. 2. De militibus, & in An. 7. H. 6.15. men that had lands of the yearly value of 28. l. were compellable at the King's pleasure to take upon them the order of Knighthood; and upon summons, there came a Yeoman who might dispend 100 marks per annum, and the Court was in doubt, how they might put him of; and at last, he was wayved in, because he did come the second day, An. 7. H. 6. fol. 15. a.  
By this sort of men, the trial of causes in the Country proceedeth ordinarily; for of them, there are greater number in England, then in any other place, and they also of a more plentiful lively hood, and therefore it cometh that men of this Country are more apt and fit to discern in doubtful causes of great examinations and trials, then are men wholly given to moiling in the ground, to whom the rural exercise engendereth rudeness of wit and mind, and many Franklins and Yeomen there are, so near adjoining as you may make a jury with little difficulty; For there be many of them, which be able to spend 100 l. a year, vide Fortescue de landibus Anglorum, etc.  
As in ancient time, the Senators of Rome, never elected a Censor; and as with us in conserving of Nobility, respect is had unto the Revenues, by which their dignity and Nobility may be supported and maintained, Cooks 7. part 33. b. so the wisdom of this Realm hath of ancient provided, that none shall pass upon juries for the trials of any matters real or personal, or upon any criminal cause, but such as besides their moveables have lands of estate for life, at the least to a competent value, least for need and poverty, such jurours might easily be corrupted 〈◊〉 suborned, Fortescue 56. b.  
And in all cases and causes, the L●w 〈…〉 ●●●ved a better opinion of those, that have 〈…〉 ●●nements, or otherwise are of worth in trovea●● goods, presuming that such will commit, or omit nothing, that any way may be prejudicial to their estimations, or which may endanger their estates, then hath Labourers, Artificers, retailers, or such like, of whom Tully saith, Nihil proficiunt in so ad●●●●●●●●iuntur; and by divers Statutes, certain immunities are given to men of quality, which are deemed to the vulgar sort of people, read hereof amongst other in An. 1. jac. cap. 127.  
By the Statute of 2. H. 4. cap. 21. amongst other things, it is enacted that no Yeoman should take, or wear any livery of any Lord upon pain of imprisonment, and to make fine and ransom at the Kings will.   
FINIS.