Gift of any Foreign Prince or Emperor, without the Confent of their own Sovereign.

None of these Honours beftowed by the King on a Family can be loft, but by want of Iffue Male, nor then neither if the Patent extends to Iffue Female, as fometimes it doth; or elfe by fome heinous Crime, and then that Family cannot be reftored to ther Blood but by Parliament.

The Nobility of England have in all Times enjoyed many confiderable Priviledges.

All Peers of the Realm being look'd on as the King's Hereditary conftant Counsellors, their Perfons out of Parliament time are priviledg'd (as others in Parliament time) from all Arrefts, unless for Treasons, Felony, or Breach of Peace, Condemnation in Parliament, or Contempt to the King. No Supplicative can be granted againft them; no Capias or Exigent fued out against them for Actions of Debt or Trefpafs; no Eoin lies against any Peer of the Realm; in Criminal Caufes, Treafon or Felony, they cannot be tried by any other Jury, but by Jury of Peers of the Realm, who are not as other Juries, to be put to their Oath, but their Verdict given in upon their Honour fufficeth. In Civil Caufes they are not to be impannell'd upon any Jury, nor upon any Inquests de facto, tho' in a Matter between two Peers. In Cafe any Peer be returned upon any fuch Jury, there is a fpecial Writ for his Difcharge. They are upon no cafe to be bound to their good Behaviour, nor put to fwear they will not break the Peace, but only to promise it Upon their Honour, which was ever accounted fo Sacred, as upon no Terms to be violated. Every Peer of the Realm call'd to Parliament hath the Priviledge in his lawful Abfence to conftitute a Proxy to vote for him, which none of the Commons may do. The Title of Lord is due to all Barons, and to none other befides Bifhops, and fome great Officers of the Kingdom.

Only of Courtefie the Title of Lord is given to all the Sons of Dukes and Marquifes, and to all the eldeft Sons of Earls, and none under.

All Barons of England are exempted from all Attendance at Sheriff's Tourns, or any Leets, where others are obliged to take the Oath of Allegiance.

A Peer can't be outlawed in any Civil Action, because he can't be Arrested by any Capias; and by the fame Reason there lies no Attachment against him.

A Peer mute upon his Trial, fhall be convict, but not preft to Death, as a Commoner is, and when under Sentence of Death, it has long been cuftomary only to behead them.

For the fuppreffing of Riots and Routs, the Sheriff may Faife the Poffe Comitatus, that is, all able Men are to affist him,

yet

yet may not the Sheriff command the Perfon of any Peer of the Realm to attend that Service.

In any Civil Trial where a Peer of the Realm is Plantiff or Defendant, there must be returned of the Jury at least one Knight, otherwife the Array may be qualhed by Challenge.

The Laws of England are fo tender of the Honour, Gredit, Reputation, and Perfon of Noble Men, that there is a Statute on purpose to hinder all Offence by falfe Reports, whereby any Scandal to their Perfons may arife, or Debate and Difcord between them and the Commons: And because it is to defend not only Lay- Lords, but Bishops, and all great Officers of the Realm, it is called Scandalum Magnatum.

The Houfes of Peers can't in fome Cafes,as in Search for prohibited Books, &c. be entred by Officers of Juftice, without a Warrant under the King's own Hand, and the Hands of Six of his Privy-Council, whereof Four to be Peers of the Realm.

No Peer can be affeffed towards the Standing Militia, but by fix or more of themselves.

The Law allowing any one of the Commonalty, being Arraigned for Felony or Treafon, in favorem vita, to challenge Thirty five of his Jury, without fhewing Caufe, and others by fhewing Caufe; yet allows not a Peer of the Realm to challenge any of his Jury, or to put any of them to their Oath, the Law prefuming, that they being all Peers of the Realm, and judging upon their Honour, cannot be guilty of Falfhood, Favour, or Malice.

All Peers of the Realm have a Priviledge of qualifying a certain Number of Chaplains, who after a Difpenfation from the Archbishop, if to him it feems good, and the fame ratified under the Great Seal of England, may hold Plurality of Benefices within such a Diftance, with Cure of Souls. In this manner every Duke may qualifie fix Chaplains, every Marquis and Earl five a piece, every Viscount four, and every Baron three. In Cafe of Amercements of the Peers of the Realm upon Non-Suits, or other Judgments, a Duke is to be amerced only ten Pounds, and all under, only five Pounds; and this to be done by their Peers, according to Magna Charta, altho' it is often done now by the King's Juftice, inftead of their Peers; particularly by the Barons of the Exchequer, because formerly there fat no other in that Court but Barons of England; and now the usual Amercement of a Duke is 100 Pounds, and of a Baron, not lefs than five Pounds.

Only it was once indulged by Queen Mary the First, for fome eminent Services perform'd by Henry Ratcliff, Earl of Suffex, that (by Patent) he might at any time be covered in her Prefence; but perhaps in Imitation of the like Liberty allow'd

by

by King Philip her Husband, and other Kings of Spain, at this Day to fome of the principal Nobility there, called Grandees of Spain.

If an Appeal of Murder or Felony be fued by any common Perfon against a Peer of the Realm, he fhall be tried by Commoners, and not by Peers, as was the Cafe of Fines Lord Dacres, faith Guillim.

Precedence.) Touching the Places or Precedencies amongst the Nobility of England, it is to be obferved, that after the King and Princes of the Blood, viz. the Sons, Grandfons, Brothers, Uncles, or Nephews of the King, and no farther, and after the two Archbishops, Dukes amongst the Nobility have the first Place; then Marquifes, Dukes eldest Sons, Earls, Marquifes eldeft Sons, Dukes younger Sons, Viscounts, Earls eldest Sons, Earls younger Sons, Viscounts elder Sons, Barons eldest Sons, Knights of the Garter Quatenus tales, PrivyCounsellors, Chancellor, and Under-Treafurer of the Exchequer, Chancellor of the Dutchy, Lord Chief Juftice of the King's Bench, Mafter of the Rolls, Lord Chief Juftice of the Common Pleas, Lord Chief Baron of the Exchequer, other Judges and Barons of the Degree of the Coif of the faid Courts, Banorets made under the King's Banner or Standard difplayed in an Army Royal in open War, and the King perfonally prefent, Viscounts younger Sons, Barons younger Sons, Baronets, Mafters in Chancery, Knights Bannerets of a mean Creation, Knights of the Bath, Knights Batchelors, Colonels, Serjeants at Law, Doctors, Efquires, Lieutenant-Colonels, Maors, Captains, Gentlemen, &c.

Moreover, obferve, that all Nobles of the fame Degree take place according to the Seniority of their Creation.

The Lord Chancellor, the Lord Treasurer, Lord President of the King's Council, Lord Privy-Seal; thefe being Barons, or above, fhall in Parliament fit above all Dukes, except the Son, Brother, or Nephew of the King.

The Lord High Steward of England is not here named, becaufe it was intended that he fhould not continue beyond the Occafion for which he fhould be made.

Next hath Place the Lord Great Chamberlain of England, then the Lord High Conftable, the Earl Marfhal, the Lord High Admiral, Lord Steward of the King's Houfhold, Lord Chamberlain of the King's Houfhold: Thefe fhall fit after the Lord Privy-Seal, above all of their Degree only. And if the King's Principal Secretary of State be a Baron, he takes place of all Barons that are not of the Offices before-mention'd; but if he be a Vifcount, or higher Degree, he fhall take place only according to his Degree. Alfo, if the King's Secretary be a Bishop, as anciently was ufual, he takes place next to the

Bishop

Bishop of Winchester, before all other Bishops that have none of the Offices aforefaid.

All Dukes, Marquifes, Earls, Viscounts, and Barons not having any of the faid Offices, fhall take place according to the Seniority of their Creation.

State.] There are certain Marks of State belonging to each Degree amongst the Nobility, which they may practise or not practife at Pleasure.

Duke.] The first Duke in England after the entrance of the Norman Race, was Edward the Black Prince, created Duke of Cornwall in the 11th of Edward III. A Duke may have, in all Places out of the King's Prefence, a Cloth of State hanging down within half a Yard of the Ground; fo may his Dutchess, and her Train born up by a Baronefs; and no Earl is to wash with a Duke, without the Duke's Permiffion.

arquis.] Robert de Vere, Earl of Oxford, in the 8 of Rich. III. was created Marquis of Dublin: And was the first Marquis that any of our Kings created. A Marquis may have a Cloth of Eftate reaching within a Yard of the Ground, and that in all Places out of the Prefence of the King, or a Duke; and his Marchionefs to have her Train born by a Knight's Wife, out of the Prefence of her Superiors, and in their Prefence by a Gentlewoman: And no Viscount is to wash with a Marquis, but at his Pleasure.

Earl.] Earl, was the most eminent Dignity in England, from William I. till Edward III. when the Black Prince was created Duke of Cornwall. And those which in ancient times were created Counts, or Earls, were of the Blood Royal; for which reafon our Monarchs, even to this Day, call them in all publick Writings, our most dear Coufin; they anciently did and ftill may use the Stile of Nor. Hugh Lupus, Son of the Vifcount Averenches in Normandy, by his Wife, William the Firft's Sifter, was the firft Hereditary Earl of England, created by his Uncle William I. Earl of Chefter. An Earl may also have a Cloth of State without Pendants, but only Fringe; and a Countess may have her Train born by an Efquire's Wife, out of the Prefence of her Superiors, and in their Prefence by a Gentleman.

fcount.] Viscount is a Title of Honour, never heard of in England till Henry VI. Days; for the first Viscount that ever fate in Parliament by that Name, was John Beaumont, who in the 18 of Henry VI. was created Viscount. A Viscount may have a Cover of Effay holden under his Cup while he drinks, but no Effay taken as Dukes, Marquifes, and Earls may have, and may have a Travers in his own House; and a Viscountess may have her Gown born up by a Woman, out of the Prefence of her Superiors, and in their Prefence by a Man.

Baron.]

Baron.] Barons include the whole Nobility of England, and were call'd by Writ of Summons to Parliament, before they were created by Letters Patents. Rich. II. created John Beau mon of Holt-caftle, Baron of Kiderminster; who was the firit Ba ron made by Letters Patents. A Baron may alfo have the Cover of his Cup holden underneath whilft he drinks, and a Baroness may have her Gown born up by a Man in the Presence of a Viscountess.

All Nephews and Grandfons of a King are born as ArchDukes, and have Title of Highness; their Caps of State indented.

All Dukes eldest Sons are born, and have Title of Marquifes, and the younger as Lords, with the addition of their Chriftian Names, as Lord Thomas, Lord John, &c. A Marquis's eldeft Son is called Lord of a Place, and by the Courtesy of England, Earl, and is to go as an Earl, but shall give Place to an Earl; and the younger Sons Lords, as Lord Thomas, Lord John, &c.

An Earl's eldeft Son is born as a Viscount, and shall go as a Viscount, so their younger Sons fhall go before all Baronets; And an Earl's eldeft Son is called Lord of a Place, and all his Daughters Ladies; but his youngest Sons not Lords.

A Viscount's eldeft Son is no Lord, nor his Daughters Ladies; And therefore the eldeft Son and the eldest Daughter of the first Viscount of England, is faid to be the first Gentleman and Gentlewoman without Title in England; Yet a Viscount's eldeft Son is faid to be born as a Baron.

A Nobleman, whether English or Foreign, who hath his Title of Nobility only from a Foreign Monarch or State, tho' he comes into England by the King's fafe Conduct, and tho' the King ftile him by his Title of Dignity, yet in all our Law Proceedings no notice is taken of his Nobility.

Note alfo, That the higheft and lowest Degrees of Nobility are univerfally acknowledg'd; for a Knight, English or Foreigner, is a Knight in all Nations. Alfo if the Emperor or any Foreign King come into this Realm by fafe Conduct, as he ought; (for a King or abfolute Prince, tho' he be in League, may not enter his Land without Licenfe) in this Cafe he thall here fue and be fued by the Name of Emperor or King, or else the Writ fhall abate, Guillim, p. 17.

Revenue.] TheWeight and intrinfick Value of a Pound Ster ling was anciently three Pound of our prefent Money, (vid. P. 156) and it appears from the then Price of all Things, that a Pound Sterling then was equivalent to nine or ten Pound Sterling now. (v. Chron. Pret) So that twenty Pound a Year in Land, which was a Knight's Fee, would be about Two hundred now. A Baron was to have thirteen Knights Fees, and one third, which amounted to atout 267 Pound then, or 2670 Pound