Note

The following is taken from Hearne, Thomas, A Collection of curious discourses written by eminent antiquaries..., London: T. Evans, vol.1, 1775, pp.139-162 (Google Books). There are several editions and printings and their online versions both for vol.1 and vol.2: vol.1, 1771, vol.1, 1773, vol.1, 1773, vol.1, 1775, vol.2, 1773, vol.2, 1775, vol.2, 1775. There may be more online versions. As far as I checked correctly and so far as this discourse is concerened, the texts are identical between these versions, and I refered several of them where the text is hardly legible in one version.
I corrected typographical errors due to the OCR system misrecognition, but there may still exist such errors. Please consult printed version for academic purpose.
I assume the My very good Lord to whom this discourse is addressed is Henry Howard, 1st Earl of Northampton. The evidences are: your honourable brother the duke of Norff. and And if any of your lordships the latter of which means that the Lord was one of the commissioners for the office of the Earl Marshal. Northampton had been a commissioner since 5 Feb. 1605: Appendix I: Principal officeholders 1603-29 | History of Parliament Online. Thynne would present a similar(?) discourse in 1606: Woudhuysen, H. R., Sir Philip Sidney and the Circulation of Manuscripts, 1558-1640, OUP, 1996, p.121.
I treated the side notes like a chapter (this may be not a correct treatment).

Related materials

Francis Thynne (Wikipedia)
Godfrey 1963, Lancaster Herald, 21. FRANCIS THYNNE
Thynne, Francis, Furnivall, F. J. and Kingsley, G. H. (eds.), Animaduersions Vppon the Annotacions and Corrections of Some Imperfections... 1598, Chaucer Society, 1876. (Internet Archive)
Jones, Helen Dorothy, "The Elizabethian Society of Antiquaries Reassessed", M.A. thesis, Univ. of British Colombia, 1988. (pdf)
Howarth, David, "Sir Robert Cotton and the Commemoration of Famous Men", in British Library Journal, 1992. (pdf)

N^o XLVI.

A Discourse of the Duty and Office of an Herald of Arms, written by FRANCIS THYNNE, Lancaster Herald, the Third Day of March, Anno 1605.

My very good Lord,
THAT cruel tyrant the unmerciful gout, which triumpheth over all those that are subject to him of what estate soever, taking on him, in that part to be a god, because he respecteth no person, hath so painfully imprisoned me in my bed, mannacled my hands, and fettered my feet to the sheets, that I came not out thereof since I saw your lordship on Christmas Eve. But having by mere force at length shaken off the mannacles from my hands, (although I am still tied by the feet) I have now at the last (which I pray God may be the last troubling my hand with the gout) attempted the performance of my promise to your lordship, and do here send you a chaos and confused rhapsody of notes, which your lordship, as an expert alchymist, must sublime and rectify. But though it be plain bigurur or a coat of divers colours, I doubt not but this variety of matter shall in some sort be pleasing to your judgment, as variety of colours are pleasing to the eye. But of this satis superque, praying you to pardon my presumptuous follies (if they be follies) which here ensue.

The decocted Senator removed.

In the height of the Roman government, and pride of their glory, the senator which had consumed his possessions, (whereby he was to maintain the state laid upon him) was removed from the senate, whereof Rosinus de Antiquitatibus Romæ, lib. 7. cap. 5. out of Cicero his Epistle ad Q. Valerium thus writeth: Laudatur autem census in Senatore ne splendor amplissimi Ordinis Rei familiaris anguftiis obscuretur Ceterum autem angustum Censum Senatorium Sestertiûm 800. millia fuisse, eumque ab Augusto ampliatum docent Suetonius & Dio: neque solum siquis Senatorium Censum non haberet, Senator legi non poterat; sed si postquam electus esset, Censum labefactasset, ordinem amittebat.

Bastards bearing Arms.

    For the bastards bearing of arms, there is no question, but of what kind soever they be, they cannot by the law of England bear any arms. For no man can inherit things annexed to the blood, but such as are interested in the blood, which bastards are not. For they are not any man's children, but filii populi, & concepti ex prohibito coitu. Yet custom following the example of nations, doth by curtesy of the law of arms cast upon them some pre-eminence to be adorned with the ensigns of his reputed father, if he carry his father's name: if not, but that he be invested with his mother's name, (though the world take notice of his reputed father) yet shall he have nothing to do with his arms, unless he assumeth the name of his father, and then shall he bear the arms with a bastard difference, according to his difference of bastardy, whereof there are XII. kinds, as followeth:
    1. He that is born of unmarried parties, that never after married.
    2. He that is born of a married father, and a woman unmarried.
    3. Of a father married, but having no lawful children.
    4. Of a married father, but hath children.
    5. Of an unmarried father, and a widow.
    6. Of an unmarried father, and a married woman.
    7. Of a religious man, and an unmarried woman
    8. Of a religious man, and a married woman.
    9. Of an unmarried father and his kinswoman, between whom marriage is forbidden by the law.
    10. Of a married father and his kinswoman in any degree of consanguinity.
    11. He that is begotten of a known woman, and an unknown father.
    12. He that is born of unmarried persons, which after marry, being bastards in our law, though not in the civil.
    All which in bearing of arms, must observe their peculiar differences well known (or at the least, that ought to be well known) to the heralds, although I suppose few or none of us know it. For these are Arcana Imperil Heraldorum, and must be kept as secret as the ceremonies of the Eleusine goddess, or Cabala of the Jews, the divulging of which and such like matters, with the printed books of arms and armory, (which should be locked within the walls of the heralds office, and not published to the censure of each man) maketh every man as cunning as themselves, and bringeth the heralds place into small credit. For I find (I will only give instance of myself) that I am of less esteem, since I came into that office, than I was before. For I feel the office hath somewhat disgraced me, in so much, that now by the lewd demeanor of some, the name of herald is become odious, and will fall to the ground if your lordship, whose honourable mind and painful endeavour do tie all the heralds to acknowledge them your new framed, or at least revived creatures, do not put to your helping hand, and continue the credit of the office, and of such officers as shall deserve well.

The alienating of Arms.

Arms cannot be alienated, as long as any of the family is living; that is, so long as any of the male line hath being. For the males are only of the line and family of agnation, and not the females, being called sorores, quasi seorsum natæ, and as it were born out of the right way, or lines, so that the stirps agnationis, which is the male, is different from stirps cognationis, which is the line feminine, as I have hitherto conceived it. And therefore so long as any of the male line is living (for they have all interest in the arms, as they have in the blood) none can sell the arms of his family. For, as Cassanæus saith in his Tractate of arms, est quoddam jus portare arma spectans unicuique de agnatione & familia, quod non videtur transire extra illam, quum sint Arma inventa ad cognoscendas agnationes, familias, & domus nobilium, sunt nomina ad cognoscendos homines. And Bartolus addeth, sicut per testamentum, si esset aliquid relictum (familiæ) indistincte non nominando personas familiæ, illud transiret ad eos de familia gradatim, ita quod non possit per illud alienari : sic Arma alicui familiæ data non nominando personas familiæ distinctæ, ad eos tamen de familia; transeant, ita quod non possit alienari: who further writeth, Quod stante aliqua de agnatione, familia, vel domo, habentes aliqua Arma, à tempore cujus initii memoria non extat in contrarium, quod talia Arma non possunt vendi, aut alienari, quocunque titulo in prejudicium illorum de familia, domo aut agnatione.
According to which, it seemeth the law of arms was in England in times past; for that he which had but only daughters, or one daughter to succeed him, might have licence of the king to alien his name or arms to any other for the preservation of the memory of them both, as appeared in the case of the lord Deinconrt in the time of Edward the second, whereof the record is thus in the patent rolls 10. E. 2. part 2. mem. 13. Rex &c. salutem. Sciatis quod quum pro eo quod dilectus &c. fidelis noster Edmundus Deincourt advertebat & conjecturabat, quod Cognomen suum, & ejus arma post mortem suam in persona Isabellæ, filiæ Edmundi Deincourt heredis ejus apparentis, à memoria delerentur, ac corditer affectavit, quod Cognomen, & Arma sua, post mortem ejus in memoria in posterum haberentur, ad requisitionem prædicti Edmundi, & ob grata, & laudabilia servitia, quæ bonæ memoriæ domino Edwardo, quondam Regi Angliæ, patri nostro, & nobis impendit, per literas nostras Patentes concessimus, & licentiam dederimus, pro nobis & heredibus nostris, eidem Edmundo, quod ipse de omnibus maneriis &c. quæ de nobis tenet in capite feoffare possit quemcunque velit &c. Out of the preamble of which deed, we gather (as before is said) that, because he had a daughter which could not preserve his memory, that he might alien his name and arms according to the law, because none de stirpe agnationis was living to forbid the same. But withal it is gathered, that he could not alien the same without licence of the prince, (who might dispense with the law) ^* but because the law and custom had permitted that women should inherit with us, both lands, honour, name, and arms, and quod consuetudo dat, homo tollere non potest.
* Sic. Sed but forsan deleri debet. [This is Thynne's. S.U.]

How the daughter, heir to her mother, the first wife, may use her father's arms when her father had a son by the second wife.

On this point there be divers opinions repugnant each to other; whereof one is, that of the reverend herald of our age Robert Glover Somerset, who in his book, de differentiis Armorum, saith, that she during her own life shall bear her father's coat quartered with her mother's. His words be these: In hoc casu quo quis Viri nobilis filiam, & heredem uxorem duxerit, & ex ea unicam susceperit filiam, Materni census, & hereditatis heredem futuram; & per aliam uxorem genuerit filium paternæ hereditatis heredem, dicta filia heredis prædictæ durante vita sua, tanquam filia legitima & naturalis utriusque parentis, eorum portabit Arma quateriatim seu quadrifarie incorporata, sed liberis ab eo progenitis permittitur tantummodo delatio Armorum hereditarie illis ab eorum Avia descendentibus: sed in contrarium sæpe vidimus ab imperitis, nulla ratione propterea facta fulcire valentibus.
But saving correction, I cannot as yet be induced to permit the daughter during her life to bear her father and mother's arms quartered; because quartering denoteth a settled inheritance of the arms of both these houses in that person that beareth them so quartered; which cannot be in her, because the brother must carry the arms of the father from her. Besides, she in that doth wrong to the heir male, in the father's arms, because it wholly belongeth to him. Wherefore, for my part, I rather incline to the opinion of other; and amongst others to Gerarde Leigh, who in his accidence of armory doth write, that if she will needs [sic, S.U.] carry her father's coat (to shew from whence she is descended) she must carry them in the chief of her arms, as he there setteth down the example. But howsoever, she may bear the coat of her father during her life, either quartered, with her own, as Somerset haih said; or in chief of her own, as Leigh hath; or in canton, as others hold (and that not improbable): yet they all agree, that her issue can no way have to do with the arms of the grandfather, but only with the arms of the grandmother: and therefore the lord marquis cannot by any opinion bear the arms of Howard in any whatsoever order, notwithstanding his mother should bear them in any of these three forms.

[Here begins our subject. S.U.]

Heralds. – The several names of heralds, according to the several parts of their functions, contained in one name herald.

These men being called by divers names were men of great esteem in former ages, being sometime named, but by some part of their function. But now in this word Herald (which signifieth the old lord or master, and is called in Latin, veteranus, of his years and experience) are contained all the other names, and functions, which do express some part of his office. For he is called Fœcialis, à fœdere faciendo, in denouncing wars or making peace; he is called Nuncius Regis, because of one part of his office, which is to go on the king's message. So that he which in the Saxons time went on the king's message, was the same that our now herald is, and held the same place of a great person. He is called Caduceator of one part of his office, which is to deal in matters of peace, and therefore hath his Caduceus or white Baston (omitted now, as many other things are in his creation). The difference of which Fœcialis and Caduceator, is set down by Franciscus Philelphus in his epistles in this sort: Vis scire quid intersit inter Fœciales & Caduceatores; Fœciales eos fuisse apud priscos, qui certò Juris solemnitate Bellum hostibus indicebant, & Caduceatores esse pacis Legatos dictos à Caduceo quem manus gestabat; which Caduceus Apollo gave to Mercury the herald of the gods to bear, when he went on their message. This herald is also called Præco; because he is to denounce his lords proclamation and messages, the praises of valiant men, in peace; and therefore, in blazon of the arms of any, he must blaze them to the honour and praise of the bearer, since Heraldus, as one writeth, est Præco virtutum, non victoriarum hominum. And yet I find the name Heraldus in Latin not ancienter than Æneas Sylvius, and no ancienter mentioned amongst us than the statute of E. I, where mention is made, de Roy des heraz. But I suppose I shall find the officer, though not the name, in the time of Henry the 3^d. if I mistake it not.

The creation of an herald. All the heralds must be gentlemen. The heralds must have arms given them, if they have none. – The cup and coller of SSS. for the herald.

What their place, credit, and worth have been in former ages, (when honour was respected more than now) is declared in the honourable ceremonies at their creation. For the same ought to be by the prince only, (or by commission especial from him, for that purpose;) for so had the last duke of Norff. always a warrant from queen Elizabeth, and upon some festival days; the order whereof Gerard Leighe setteth down then in this sort. The prince then asketh the herald whether he be a gentleman of blood, or of a second coat armour. If he be not, the king endueth him with lands or fees, and assigneth to him and to his heirs congruent arms. Then like as the messenger is brought in by the herald of his province, so is the pursuivant brought by the eldest herald, who, at the commandment of the prince, doth all the solemnities, as to return the coat of arms, setting the maunches thereof on the arms of the said pursuivant, and putting about his neck a collar of SSSS. the one S. being argent, the other sable, and when he is named, the prince himself taketh the cup from the herald, which cup is all gilt, and poureth the water and wine upon the head of the said pursuivant, creating him by the name of our herald: and the king when the oath is ministered, giveth the same cup to the new herald, of whose creation speaketh also Upton. For the kings of heralds the collars ought to be one S. of gold and one other of silver, and so shall your lordstrip find in all their monuments where they are buried, that their pictures are adorned with such collars, as appeareth also in the funeral obsequies of William Aukslowe Clarencieulx, whereof I find this remembered in writing at that time set down.

Ireland king at arms. – Fawlcon herald. Windsor herald.

“Memorandum Anno Domini 1476. the VIIth of May
“were the funerals of William Aukslow, otherwise called
“Clarencieulx king at arms, whom was right worshipful
“after his degree; his crown offered by Ireland king at
“arms; his own coat by Windsor herald; his collar by
“Fawlcon herald, the king's coat remaining always upon
“the hearse: and when mass was done, his wife ordained
“a right wor^ll. dinner, where were all the officers of arms,
“with their wives, that would come, and divers citizens.”
For the cup there needs no further proof, than the records of the king's house, where I have seen it set down, although I now remember not in what place, that the herald had his cup. given unto him.

Pursuivants at arms were made knights.

    In such estimation were the heralds in times past, in the reign of Hen. 5. and Hen. 6. that pursuivants might be created knights; and therefore Upton de militari officio lib. I. cap. ii. writeth; Et est sciendum, quod nuncii prosecutores possunt esse Milites, & militaribus gaudere insigniis, & deauratis uti Velvet, & aliis pannis aureis indui; non tamen sunt nobiles, & tales vocantur Milites Linguares, quia eorum præcipuus honor est in custodia Linguæ. And how the heralds and pursuivants should wear the arms of their master, is expressed in these four verses:

    Cinctorio Scutum dicas deferre Pedinum,
    Sic equitis dignum fert scapula dextera Signum,
    Sed humero levo detulit prosecutor ab ævo,
    Ast Heraldorum stat pectore fons titulorum.

The heralds office. Heralds are to make pursuivants and messengers. – Every herald is to wear his coat armour in battle, and in journeys. – When heralds are bound to wear their coats of arms.

Their office is also by Upton lib. I. ca. XII^o. partly declared thus: Sunt alii Nuntii Viatores qui Heraldi Armorum nuncupantur, quorum officium est minores Nuncios creare, ut superius dictum est; multitudinem populi faciliter numerare; Tractatus inter Principes Matrimoniales & pacis inchoare; diversa regna & Regiones visitare; Militiam honorare, & singulis Actibus Militaribus interesse; desiderare clamores publicos & proclamationes in Torneamentis, & singulis Actibus Militaribus ordinare; fidelem negotiorum relationem inter hostes deferre, & neutri favere parti in Actibus Bellicis, aut in pugna quæ inter duos aliquando nobiles geritur inclusos; sed omnia per superiorem parti, vel partibus mandata, seu à parte, parti fideliter & sine palliatione nunciare, & isti debent portare tunicam Armorum dominorum suorum, & eisdem indui eodem modo, sicut Domini sui cum in confictibus fuerint vel Torneamentis, aut aliis periculis bellicis, vel cum per alias Regiones extraneas equitaverint. Item in Conviviis, maritagiis, ac Regum & Reginarum Coronationibus, & Principum, Ducum, & aliorum Magnorum Dominorum solempnitatibus, Dominorum suorum Tunicis uti possunt, & tenentur in Regionibus & Regnis licet extraneis, ad honorem suorum & magnificentiam Dominorum. Some things in this discourse I think worthy to touch.

Observations out of Upton an ancient herald lib. I. ca. 12. – The favourable grants of pricnes to heralds. Cole harbour.

First, that heralds might create inferior officers; as Lion king of arms of Scotland doth at this day make his inferior officers. Secondly, that he be at all tornements, tyltes, &c. And therefore (as I note in other customs) they ought to have whatsoever of their furniture falleth from any of them that torney. But now will not they which newly begin to torney pay their fees, but further bring with them so many pages and servants into the tilt, that they take the heralds fees of whatsoever falleth from their masters, with opprobrious speech to the heralds, against all reason, order, and custom. For why should men serve, If they may not have the due of their service? Next, in this place I observe, that the heralds were and ought to be at all marriages of the nobility, whereunto they are now never called, because they ought to have the garment of the bride. And thus being gelded of their due fees, they cannot maintain the port of their calling; or that the now garter, should equal the garter of H. 5. his time, when garter entertained the emperor Sigismond at his house in Kentish Town. For reparation whereof some have in some sort sought to relieve them: and therefore king Edward 6. did by his letters patents free them of all subsidies, taxes, watches, and other charges of service; and king R. 3. (if my memory deceive me not) gave them Cold harbarde house; which I cannot see how, why, or when they parted from it. Queen Mary (I take it) made them, (or at least confirmed them) a corporation by the help, and procurement of your honourable brother the duke of Norff. who also procured them Derby house, which they hold at this day: and queen Elizabeth gave them privileges, which I have seen imprinted, subscribed, per privatum Sigillum. Much more I could say for the heralds, but I shall be too tedious; and therefore desire your lordship once more to look over the plot of the defaults of the heralds office, which I gave before to your lordship, digested into a brief or table.

Fees of heralds in the time of K. R. 2 & E. 4.

If heralds, my good lord, might truly have fees of every one, which gave them fees in times past, they might live in reasonable sort, and keep their estate answerable to their place. But now (whether it be,our own default, or the overmuch parsimony of others, or fault of the heavens, since by their revolutions things decay when they have been at the highest, I know not) the heralds are not esteemed, every one withdraweth his favour from them, and denieth the accustomed duties belonging unto them. And therefore hoping your lordship will repair this ruined state of ours, I will set down what belonged unto us in the time of K. R. 2. out of an old written roll which came to my hands.

At the coronation of kings, this C. l. fee hath continued, as I have seen the privy seals of H. 7. and Q. Mary. – The fee at the king's displaying of his banner.

  “Ces sont les droits & largesses, appurtenants & de
    “aunciente accustomez aux Roys des Armes, solounc
    “le usance en Roilme de Anglettrre.
        “Et primerent quant le Roy est corone, pri-
    “merment est de auncient accustomez aux Roys
    “de Armes & Heroldes anpertient notable &
    “plentereuse Largesse, come de C. l. &c.
        “Item, quant le Roy fait primerent lever &
    “despolier ces Banniers sur les changes, apper-
    “tient aux ditz Royes des [sic, seems to using plural form when of arms and heralds follows. S.U.] Armes & as autres
    “Haroldes, que y sonte presente pur lour droit
    “C. marc.

A fee at the knighting of the king's eldest son.

“Et quant le service de son fitz est fait Chi-
“valer, 40. marc.

The fee when a prince, duke, marquis, earl, baron, or banneret shall display his banner.

        “Item, semblablement, quant le prince, &
    “un Duc fait lever & desplaier son Banniers,
    “enprimer fois appertient aux dits Royes de Ar-
    “mes & Heraulx presentes XX. l. Et si c'est un Marquesse,
    “vint markes; S'il est Counte 10. l. S'il est Baron cinque
    “marks d'argent croyns ou 15. nobles; & s'il est un Chi-
    “valer Bacheler qui novelment soit fait Banneret; aux
    “ditz Royes de Armes, & Heraldes presentes appertient
    “p^r. lour droit cinque markes ou X. nobles.

The fee at the king's marriage

        “Item, quant le Roy est novelment espouse, apertient as
    “ditz Royes des Armes & Heraldes presents notable &
    “plenteux Largesse 50. l.
        “Parelliement, quant est novelment coronè, appertient
    “aux ditz Royes de Armes, & Heraldes notable Largesse,
    “&c.

The fees at the queen's childing & churching.

        “Item, touts & chescune fois, que le Royne a enfant,
    “& l'enfant peroient aux santz fonz de Baptisme, & est
    “regenere, appertient auxi a ceux Royes d'Armes, pur
    “eux & les autres Heraldes presens, & devoient aver
    “Largesse notable solonc le tresnoble valeure & plesure de
    “la Royne ou des Messeigneurs de son conceile: Et ont
    “accustome avoir un fois C. l. auter fois C. markes;
    “autre fois plus ou moine: & pareillement quant est pu-
    “rifie leur appertient Largesse, come desus.

The fees at the childing & churching of princesse[s] and marquises, &c.

        “Item, semblablement quant le autres Princesses,
    “Duchesses, Marquesses, & Countesses, & Baronesses ont
    “enfens & parvienent aux santz fontz de Baptisme &
    “sount regenerez, yceulx Royes d'armes & Heraldes douient
    “aver Largesse. Et parellement, quant elles son purifie,
    “dovient avoir Largesse selonc leur noble valeure, &
    “plesure.

When the king weareth his crown, the kings of arms are to wear their crowns also.

        “Item, toute & chescun fois que le Roy porte Corone
    “& tiente estate Royall; en especiall aux quarter haut
    “feastes; Cest ascavoir Noell, Pasches, Pentecost & toutz
    “Saintz, dovient & appertient a chescun des ditz Royes
    “d'Armes qui seront presentz en la presence du Roy allant
    “a la Messe, a la Chappell, revenant, & auxi toutz temps
    “des dissuer; & si dovient aver Largesse seloncque le
    “tresnoble plesure du Roye.

Fees at the marriage of the nobility[.]

        “Item, toutz le fois qui un vierge ou Pucelle Princesse,
    “ou file de Duc, Marquesse, Counte, ou Baron este espouse,
    “aux ditz Royes des Armes appertient le Surcoit en quoy
    “elle avera este espouse, s'ilz sont presentz; et si non aux
    “soit dame vesne appertient ou desusditz la Mantel en quoy
    “elle sera espouse.

Fees at combats or justs.

        “Item, toutz fois, & quantz fois que champ de Battayle
    “en Listes soit a oultrance ou autrement est juge enter-
    “prins & ordonne au deux Champions les joures que les
    “ditz Champions se presentment; & que ils sont mis de-
    “dans le Champe ordonie & estabili pur faire & accomplier
    “leure faits d'armes, aux ditz Roys des Armes se presens
    “sont, & si non aux autres Heroldes qui presentz seront, &
    “devoiement aver le garde de secrettz & necessaries, que
    “ascun fois surmendunt aux ditz Champions, & pur ceo
    “leure appertient et devoient avoir, ses Pavilions lesquelles
    “y ceux Champions sont mis, dedans les ditz Listes, Et si
    “l'un des ditz Champions soit vanqis dedans le ditz
    “Champe, aux ditz Royes de [sic, incosistent. S.U.] Armes & Heraldes, que pre-
    “sente seront, appertient toutz les Harnesse du ditt vanqu
    “avecque tante l'autre Harnesse que a terre soit chent:
    “Et en cas que ce ne seroit que Champe au plaisure ou
    “Justes, appertient aux ditz Heroldes presentz les trape
    “revers de Chuvills des ditz Champions, avecque toutes
    “les Lances rompues.

Rebellions.

        “Item, quant il advient, que ascune des Subjectes se
    “mettons sur le Champe per manner de Rebellions contre
    “le Majestie Royal &          &c. fortifient champes ou
    “place ou entencione deliverer & donner bataile, & apres
    “advient, que per appointment, ou pur paoure & orainte,
    “ou autrement ilz se departient du doit Camp fortifie, ou
    “sue fuit sans faire ascune Battaile; aux ditz Royes des
    “Armes, ou Heroldes qui presens seront, appertient & de-
    “voient avoire toute les voyis & merisme & toutz les Cha-
    “rotz Champe, tant pur le fortificacions come autrement.”

New years gifts to the heralds.

Further at New years tide, all the noblemen and knights of the court did give new years gifts to the heralds, and out of that liberality the heralds did (and to this day do) give most of the officers of the king's house new years gifts, although those new years gifts are not half so much to us now as they were then, when silver was but iii s. iiii. d. and every thing prized under the third patt, that it is now, whereof I here set down one instance in the time of Edward the IIII^th. as I find is registered at that time.
Memorandum, That on the year of our Lord 1481. the king our leige lord kept his Christmas at Windsor, and the queen also accompanied with my lord prince, first begotten son of the king: he was prince of Wales, Duke of Cornwall, Counte de Marche et Flinte, et de Pembrooke.

Of the King	Vi l.
Of the Queen	iii l. Vi s. Viii d.
Of the Prince	iii l.
Of the duke of York the king's second son	Liii s. iiii d.
Of the earl of Lincoln	XX s.
Of the marquis Dorset	XXV s.
Of the earl Rivers	XL s.
Of the lord Stanlye great master of the household	XX s.
Of the lord Hastings lord chamberlain	XL s.
Of the Bp. of Norwich	Xiii s. iiii d.
Of the Bp. of Chichester	Xiii s. iiii d.
Of the Bp. of Rochester.[sic]	X s.
Of the Lord Souche	Xiii s. iiii d.
Of the lord Dacres Chamberlain to the queen	Xiii s. iiii d.
Of the lord Gray, [sic]	Vi. s. Viii d.
Of Sir Edward Widvill knight	XL s.
Of Sir W^m. Aparre Comptroller of the king's house	XX s.
Of Sir John Elrington Treasurer of the king's house	XX s.

Besides the gifts of many other knights these named, whereof some gave more, and some less, as best liked them.

The lord chamberlain is appointed to see the heralds fees be paid. The constable is judge of the officers of arms.

Besides I find it registered in one other book of heralds then living, that in anno Domini 1477, which was about the XVii^th. of Ed. 4. the king made many knights of the Bath, at the marriage of his son Richard duke of York to Anne daughter and sole heir to John Mowbray duke of Norff. which, not counselled to their most honour, denied a great part of the duties (of old presidents) given to their officers of arms, and referred them to the lord chamberlain, who well understanding of ancient noble customs, went and shewed it to the king and to the duke of Gloucester constable of England, which is judge of every officer of arms, who went in his own person, and commanded William Griffith, one of the marshalls of the king's hall, to charge every man of the aforesaid company, being under their jurisdiction, to pay their duties to the officers of arms, &c. Thus far that note.

With what troop of horses our ambassadors must be furnished with that go out of England.

Our ancestors were in times past so careful of their honour, and that every man should be furnished according to his degree, that they left not undetermined, with what troops of horses every one should be furnished when he went ambassador: and how every messenger sent from a foreign king into England should be received, as I have noted out of ancient books in this sort.

A duke of the blood royal as near as cousin-germane	400. horse.
A duke of the blood royal	300. horse.
A duke	300. horse or more.
An earl of the blood royal	200. horse or more.
An earl	100. horse.
A Baron of great blood	40. or 50. horse.
A baron	30. horse.
A knight for the body	10. or 15. horse.
A bannerett	15. or 20. horse.
A knight	8. or 10. horse.
A squire for the body after his pos- sessions	6. horse.
A squire	3. or 4. horse.
A gentleman	2. horse.

How foreign messengers of every degree must be received.

Likewise if any foreign prince or king do send to our sovereign any messengers; if he be a knight, receive him as a baron; if he be an esquire, receive him as a knight; if he be a yeoman, receive him as an esquire; if he be a groom, receive him as a yeoman, &c. And so every estate must be received as the degree next above him doth require.

The office of a king of arms in his province.

It shall not be unpleasant, I hope, unto your lordship to know what the authority of a king of arms is in his province; and for that cause, I have here set them down.

To keep and register the arms and descents.

First, as nigh as he can, he shall take knowledge, and record the arms, crests, and cognizances, and ancient words: as also of the line and descent, or pedigree of every gentleman within his province of what estate or degree soever he be.

To register arms and monuments in churches.

Item, he shall enter into all churches, chapels, oratories, castles, houses, or ancient buildings, to take knowledge of their foundations; and of the noble estates buried in them; as also of their arms, and arms of the places, their heads and ancient records[.]

To prohibit bearing the arms of another or false armory[.]

Item, he shall prohibit any gentleman to bear the arms of any other or such as be not true armory, and as he ought according to the law of arms.

To prohibit marchants to put their devices in escutcheons.

He shall prohibit any merchant, or any other to put their names, marks, or devises in escutcheons or shields; which belong and only appertain to gentlemen bearing arms, and to none other.

Bearing of arms without authority.

Item, he shall make diligent search, if any bear arms without authority, or good right; and finding such, although they be true blazon, he shall prohibit them.

Confirmation of arms.

The said king of arms in his province hath full power and authority by the king's grant, to give confirmation to all noblemen and gentlemen ignorant of their arms, for the which he ought to have the fee belonging thereto.

Giving of arms to such as bear office.

He hath authority to give arms and crests to persons of ability deserving well of the prince and commonwealth, by reason of office, authority, wisdom, learning, good manners, and sober government. They to have such grants by patent under the seal of the office of the king of arms, and to pay therefore the fees accustomed.

None to erect banners or arms in churches, without the permission of the king of arms.

Item, no gentleman, or other may erect or set up in any church, at funerals, either banners, standards, coats of arms, helms, crests, swords, or any other hatchment, without the licence of the said king of arms of the province, or by allowance or permission of his marshal or deputy: because the arms of the noble estate deceased, the day of his death, the place of his burial, his marriage and issues, ought to be taken and recorded in the office of that king.

Differences of younger houses are to be by the direction of the king of arms.

Further, no gentlemen ought to bear their difference in armory otherwise than the office of armory requireth: and when younger brethren do marry, erect and establish new houses and accordingly to bear their arms with such distinctions and differences that they may be known from their elder families out of which they are descended, the king of arms of the province is to be consulted withal, and such differences of houses are to be assigned and established by his privity and consent, that so he may advise them to the best, and keep record thereof; otherwise gentlemen may hurt themselves by taking such a difference, as shall prejudice the chief house from whence they are descended.

None to bear the arms of his mother.

The king of arms of the province is to have an especial regard, that no man bear arms by his mother, be she never so good a gentlewoman, or never so great an inheritrix, unless he bear arms also by his father's stock and living, properly belonging to his sirname; Quia apud jus in Anglia partus non sequitur ventrem.

Change of arms for such as are unlawful.

Likewise he is to see, that no gentleman descended of a noble race, and bearing arms, do alter or change those arms without his knowledge, allowance, and consent. If any do use the arms of others, or such as they ought not, and will not be restrained, he is under certain pain, and at a certain day, to warn such offenders to appear before the earl marshal of England, or his deputy, before whom the same is to be ordered and restrained.

Arms granted the clergy ought not to descend to their children. – When the long robe began first to have arms.

Arms appointed for bishops ought not to descend to their children, for they are not within the compass of the laws of arms, which only taketh notice of bishops as officers of the church, and not as military men or persons to be imployed in offices or affairs of laymen, though some of them have been very great soldiers. For both canons and examples do forbid the same, since in temporal actions in time past it was alledged against them. For it was objected to Hubert Walter archbishop of Canterbury, being chief justice and chancellor in the time of king [sic] John, that he intermeddled in lay causes, and dealt in blood: as also the same was laid against other clergymen, for having of offices in the exchequer, and the king's house, when some of them were clerks of the kitchen, some treasurer of the household, &c. Yea, so much did our ancestors derogate from the arms of bishops, as that the bishops, which were interested in the arms of their ancestors, might not bear the arms of his house without some notorious difference, not answerable to the difference of othet younger brethren; as did the bishop of Lincoln, Henry Burghershe; the archbishop of Canterbury, Thomas Arundell; the archbishop of York, Richard Scroope; the bishop of Norwich, Henry Spencer; and many others, who did not bear the common differences of arms of younger sons, but great and notorious differences, as borders, some engrailed, some with mitres, or such like, whereof I can shew your lordship many forms. And that it was not, before the time of Bartolus the lawyer in the government of Charles the fourth, emperor, permitted to gown-men (or, as the French termeth them, of the long robe, for under that name were learned men, clergymen, and scholars comprehended) to bear armories; or else why should that great lawyer Bartolus argue the matter, whether it were convenient that he should take arms (the peculiar reward and honour of military service in ancient time) or whether he should refuse them at the emperor's hands? For if it had been then used, that the long robe should have enjoyed the honour of arms, Bartolus would never have doubted thereof. But since it was not then accustomed, he made question whether he should take those arms or not; but in the end concluded, that the fact, of the prince was neither to be disputed nor rejected, and therefore was willing to assume the arms which the emperor had given him.

The marshal hath power of imprisonment.

Although the marshal in times past was but the constable's deputy, yet was he assistant to the constable in all judgments. For by his advice mostly, and sometime with his, and the rest of the court military, the constable gave sentence. And although in some cases the marshal was to execute the precept of the constable, yet was he also to hear, and in some sort to determine causes, especially in the absence of the constable, which those marshals more often and with more authority exercised since the XIII^o H. 8. in which Edward Stafford (or Bohun) the last constable of England, was beheaded, since from that time there hath not been any more constables, whereby the marshal hath always after supplied the constable's office, and sentenced all military matters. Then if the marshal do the constable's office, he hath the same privilege the constable had: and if the constable might imprison, then (as I think will be well proved) the marshal may do the same, supplying the constable's office; and by consequence, all such deputy marshal commissioners, as have authority from the prince, to supply the marshal's office, during the interim, or vacancy of an earl marshal.

The constable and marshal's court are said to be all one. – The constable and marshal have a law themselves, and the common law is to take notice thereof, that law being the civil law which alloweth and useth imprisonment.

Moreover, if they should not have authority to imprison, in vain were it then to determine any thing. For if the parties condemned will not obey, and they have no power to compel them thereto (which in the end must be only by imprisonment) in vain it is for them (as I said) to decree any thing; but because their judgment should be established, and the offenders compelled to perform such law, there was allowed to the marshal his prison, which to this day is called The Marshalsea, a thing superfluous and mere frivolous, that they shall have a prison, and not commit offenders to it. But that prison was not appointed to them in vain. For which cause it seemeth to me, that the now marshal's deputies have, jus incarcerandi. And if any of your lordships should commit one offender to that prison, I would gladly learn, what remedy he hath either by action of false imprisonment, or otherwise, since no man, I think, will bail him without your consents, or any other judge by habeas corpus enlarge him. And then foolery and needless it were for him to sue an action of false imprisonment against those that shall commit him. And therefore I see not, but that he may remain in prison still upon commandment of the marshal or marshal's deputy, or upon judgment in the marshal's court, which in a book case of XIII^o. H. 4. is said to be all one with the constable's court: which partly also is to be gathered out of another book case in the law books of 37. H. 6. where one brings an action at the common law of assault and menacing. The defendant pleaded that the plaintiff did (* Incutiri in Capite) [* Sic. (This is Thynne's. S. U.)] and that if the plaintiff would charge the defendant with treason, as he did, he said to the plaintiff, that he would defend him by his body during the life of one of them; which was the same menacing. Whereupon it was said, that such action for appealing of treason, or calling traitor, lieth not at the common law. But (to use the words of the book) gist devant le conestable & mareshall, & la sera determine par Ley civille: whereupon justice Needham, Le comen Ley prendera conizance de Ley de le Conestable & Marshall; car en appelle de morte est bone Justificacione que le morte, luy appelle de Treasone devant le Conestable & Marshal [sic, S.U.] , par qui ils combateront la, & le defendant vanquisht le morte al mort; & c'est bone Justificacione al comen Ley: & Ashton & Moyle concesserunt, que comen Ley prendra notice del Ley del Conestable, & Marshall; Tamen Prisott contra; Mes puis ques les trois disont, ut supra; Prisott non negavit: whereby it appeareth, that all the four justices agreed, that the constable and marshal had a law by themselves; whereof the common law doth take notice, as well as it doth of the ecclesiastical law, being a law of itself from the common.

Things done out of the realm are to be tried before the marshal. – Upon what occasion escuage is to be paid

Then if they have a law by themselves, (and the marshall, as I gather out of these cases, is as far interested therein as the constable, because the common law here in this cafe, and in all other places, calleth it the constable and marshal's court, still joining them together as it were in equal power) it must needs follow, that they ought to have means to execute the judgments of that law; which cannot in the end be any other course, but by restraint: and imprisonment being the last coertion that can be used, as we see in the contemners and resisters of the common law, which further affirmeth, tnat things of war done out of the realm shall be determined by the constable and marstial; where I also observe, that the marshal is always joined with the constable, as I before touched, and as appeareth also in a book case of 48. E. 3. fo. 3, And Stamfford in his Pleas of the crown fo. 65. As Is also proved in the XIII^th. Hen. 4^th. fo. XIII^o. where it is delivered, that a woman shall have an appeal in the constable and marshal's court of the death of her husband slain in Scotland: and Littleton putteth the like case; that if the king make a voyage into Scotland, and Escuage be assessed in parliament, if the lord distrain his tenant that holdeth by knights service of one entire knight's fee, for escuage so assessed, and the tenant plead and aver, that he was wiih the king in Scotland, by XL. days it shall be tried by the certificate of the marshal (of the host of the king) in writing under his seal, which shall be sent to the justices. But this marshal of the host is always intended the marshal of England, who is to serve in those wars, which is called the Marshal of the army, as I can upon some study sufficiently prove by record.

General heralds in divers princes times.

    I hope your lordship will not be offended that I pester yoa with rhapsodical things, and therefore presuming of the same, I will set down what heralds I have observed to be in divers princes times, by several names, in which your lordship may behold the flourishing state of that degree, when it is furnished with kings, heralds, and pursuivants of the prince, and heralds and pursuivants of divers noblemen; for they had also heralds and pursuivants, who went with the king's heralds to the chapel before their lords, which attended on the king, of which noblemehs heralds, some of them dealt in arms, and gave authority to beat out differences which they bear. Besides, I shall shew therein the first institutions of some heralds, which I think shall not be distasteful to your lordship to read.
    In the beginning of Edward the 3^d. Andrew Windsor Norroy. Besides, these heralds of his children; Clarenceaux belonging to the duke of Clarence. Lancaster belonging to the duke of that name, who, when the house of Lancaster obtained the crown, was a king of heralds; which so continued, until the house of York got the garland, and brought him back to an herald.
    Gloucester the herald of that duke.

Argentre.

    Windsor whom the king created upon this occasion, as hath Bertrande Argentyne in his history of Little Britain, Henr. 5. ca. 46. After the battle of Auraye in the year 1364. which fell in the 38. E. 3. in which Charles le Blois was slain, and John Mountforde (assisted by the king) had the victory through the English, the news thereof was brought to king Edward; whereupon (to use Bertrand's words) Le Roy de Angleterre estoit a Douuers, qui enscente le Novelle en trois jours, que luy fut portie par un Purscievante d'Armes de Britaigne en voye du Counte (which was John de Mountforde) Lequelle le Roye de Angleterre fis son Heraulte sous le nosme de Windesor L. &c. where the matter is set out more at large.
    The heralds I read of in records, ia other princes times, (although they be not all, and whereof some have now being, and some have not) are these:
    First, in the time of king R. 2.
        Norrey king of arms.
        March herald.
        Burdeux herald.
        Bardolfe herald, who had power of arms (virtute
        officii) whereof the record of 22. R. 2. saith, Bar-
        dolfe Haraldus Armorum virtute officii cencessit Roberto
        Baynarde, ut liceat sibi & heredibus suis impressionem
        * filæ [* Sic. by Thynne.], & Lambeaux in Scutis Armorum suorum omit-
        tere.
    In the time of king Henry the IIIIth were,
        Lancaster king of arms.
        Percye herald.
        Libarde herald, with many more.
    In the time of king Henry the Vth. were,
        Garter, by him first instituted.
        Cadram, herald to the earl of Dorsett.
    In the time of king Henry the VIth.
        Guyen herald.
        Suffolke herald.
        Mowbray herald, with others.
    In the reign of king Edward the fourth the state of the
office for heralds stood in this sort, as appeareth by a roll
written about the beginning of king Henry the VIIIth.
wherein is shewed both what number of heralds were in
that king's reign of Edward the IIIIth. and also how they
decayed in the time of king Henry the VIIth. in this sort.

Garter.	⎫ ⎪ ⎪ ⎬ kings. ⎪ ⎪ ⎭
Clarenceaux.
Norrey.
Marche.
Guyen.
Irelande.
Windesore.	⎫ ⎪ ⎬ heralds. ⎪ ⎭
Lancastre.
Fawcone.
Chester.
Blewmantell.	⎫ ⎪ ⎬ pursuivants. ⎪ ⎭
Rougecrosse.
Calleys.
Barewicke.
Rose-blanche.

    The duke of Gloucester had,
        Gloucester herald.
        Blanke-Sanglier, pursuivant.
The duke of Clarence had,
        Richemont herald.
        Noyre-Tauren, pursuivant.
    The duke of Buckingham had,
        Hereforde herald.
    The earl of Warwick had,
        Warwick herald.
    The earl of Northumberland had,
        Northumberland herald.
        Esperaunce pursuivant.
    The earl Rivers had,
        Rivers pursuivant.
    The earl of Worcester had,
        Worcester herald.
        Marenceu pursuivant.
    The lord Mountjoye had,
        Charten Blewe pursuivant.

Richemond king of arms in the time of H. 7. being now but an herald of arms.

Now the king's grace hath but three kings, garter, Richemond, and Norroy, and one herald, that is. Somersett; Lancaster, York, Windsore, and Falcon be voyde, and all the pursuivants, Rougecrosse, Rougedragon, Callys, Barwicke, Guynes, Hampnes, Risebank, Mountorguill, Portcullis, and Rasyne, and no estate hath any but only the lo. marquis, that hath Grobie pursuivant; and the earl of Northumberland, that hath Northumberland herald. This was in the time of king Henry the VIIth. God save king Henry the VIIIth. Thus far that roll, shewing the time of king Henry the VIIth. Also as that of Edward the IVth. in which it seemeth , that Ulster now king of heralds in Ireland, had then no life, but was called only Ireland.
In the time of king Edward the VIth. there were only these officers of arms, as is proved out of the letters patents of that king, wherein he granteth to us to be freed from all subsidies, and other taxes, shewing the honour and immunities we have amongst all nations, emperors, and kings.

Garter	⎫ ⎬ kings. ⎭
Clarentieux
Norroy
Carliele.	⎫ ⎪ ⎬ heralds. ⎪ ⎭
Windesor.
Yorke.
Somersett.
Chester.
Richemond.
Portculleys.	⎫ ⎪ ⎪ ⎬ pursuivants. ⎪ ⎪ ⎭
Calleys.
Barwicke.
Rougedragon.
Blewmantle.
Rougecrosse.
Ryse bancke.

In this third year of king James, thus standeth the state of this office of arms, (viz.)

Garter.	⎫ ⎬ kings, beside Ulster king of Ireland. ⎭
Clarenctieux.
Norroy.
Yorke.	⎫ ⎪ ⎬ heralds. ⎪ ⎭
Richemonde.
Somersett.
Lancaster.
Chester.
Windsor.
Rougedragon.	⎫ ⎪ ⎬ pursuivants, and one other pursuivant extraordinary called Portesmouthe. ⎪ ⎭
Rougecrosse.
Blewmantle.
Portecolloys.

    Thus as abruptly concluding, as I have disorderly delivered these things in this hinspot (or, as we corruptly call it, Hochepott) I beseech your lordship to accept them with that good mind, with which you have received other things from me, and so to your Lordship most humbly commending myself, that may with Ovid say,

        Jamjam [sic, S.U.] felicior atas terga dedit, tremuloq; gradu
        Venit erga senectus;

I humbly take my leave, as one wholly devoted to your lordship, and in you to your honourable family, further craving pardon for this gouty scribling, distilled from the pen guided by a late gouty hand.
                        Your lordship's in what he may
Clerkenwell Green                               FRA. THYNNE,
    3^d. March 1605.                              Lancaster.
    veteri stilo.

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