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Earl Marshal's Orders, 1568

(As printed in Munimenta Heraldica, Harleian Society, 1984)

 

ORDERS to be observed and kept by the Officers of Armes made by the high and mighty Prince Thomas Duke of Norfolke Earle Marischall of England Anno 1568 the xviijth day of July in the Tenth yeare of the Reign of Queene Elizabeth.

1. The Earl Marshall's Authority to set Orders among the Officers of Arms.

Where before this Time the Earles Marshales of England have not onely hade the nomination and placeing of all the Kings Heraulds and Pursuivants of Armes into their several Offices, but alsoe further authority by vertue of the said Office of Earle Marshall, to make Orders and Statutes to be observed and kept by the said severall Officers of Armes as the said Earles Marshalls shall thinke most meet and convenient: not onely binding them to observe their Dutyes to their prince and Country according to their severall oathes taken at what time as they were created and made Officers of Armes but alsoe further to enjoyne them to such Orders to be observed and kept amongst themselves as every one of them may doe their dutyes one to another according to his place an auncienty in the said Office of Armes Wherefore upon divers and sundry good Considerations and for the takeing away of sundry abuses and discords which are and doe dayly increase amongst the said Officers of Armes And for the better increase of learning and knowledge to be henceforth had and continued in the said Office of Armes And to the intent that they thereby may be the more able to serve well in their Vocation and calling in the times both of Peace and Warr It is therefore ordered and decreed by the high and mighty Prince Thomas Duke of Norfolke now Earle Marshall of England, that theise Orders and Statutes hereafter following shall be inviollably kept and observed by the said Kings Haraulds and Pursuivants of Armes in every clause, article and Sentence according to the true intent and meaning of the same.

2. Division to be made of the College of Armes as by Chapter they shall agree.

First, It is Ordered and Decreed by the said Earle Marshall that the house commonly called Derby-house in London and now the Colledge of Heraulds shall be severally divided amongst the Kings Heraulds and Pursuivants of Armes in such sort as they themselves shall agree upon in their Chapter by the most voices: Provided always that the lower Roome in the said house lyeing on the South side of the Gate wherein at this present the Records of the office of Armes doe remain shall soe still continue as a Library or office for the safe custody and preservation of the said Records.

3. The records to be kept in the Library & not to be carried thence but by Consent of the three Kings of Armes.

Item, It is also Ordered and Decreed by the said Earle Marshall that all such Records, rolls, bookes and pedegrees as at this present are remaining in the said Library or hereafter are to be brought to the same shall soe still remaine as Records of the said Office not to be taken thence by any of the said Officers of Armes or any one of them without the consent and assent of the three Kings of Armes for the time being or two of them at the least whereof Garter to be one. Provided also that at what time as either Clarenceux and Norroy or their Deputyes for the time being shall make his or their Visitations according to their Oathes taken at their Creations it shall be lawful for any of them to take forth of the said Library such of the same Books and records as shall be needfull and necessary for their said Visitations. Provided allwayes that the said Kings of Armes shall be bounden to bring home againe into the said Office of Armes immediately after his or their said Visitation all the same books as also the gatherings of his said Visitation.

4. Attendance to be given Monthly in the Library by the Heralds and Pursuivants of Armes according to their ancienty.

Item, It is further Ordered and Decreed by the said Earle Marshall that for a more certain sure and true keeping of the Records in the said Library and Office of Armes noe persons shall have any entry or recourse into the said Library or Office without one Officer of Armes be there presently with him. But that for the avoiding of all inconveniences that may otherwise happen certaine of the Company of the Office shall continually give attendance in the said office or Library by the Month in this manner Vizt the Eldest Herauld and Pursuivant shall begin to attend within the said Library or Office from the first Day of the Month and there continue at convenient times till the last Day of the same Moneth inclusive, which ended, the Second Herauld and next Pursuivant shall beginn to attend likewise for the next moneth, and soe the Residue to follow in order and auntiently untill that they have all gone through, and then to beginn again, and soe to continue the same order for ever - And furthermore the said Heraulds and Pursuivants that soe shall give Attendance shall alsoe doe their diligence in the absence of the Kings of Armes to answer all such as shall have to doe in the sayd Office for any search or otherwise.

Provided alwayes that they soe attending shall not deliver out of the said Library or Office or otherwise any Armes creasts or Pedegrees, or to alter any Record any Armes, creasts or pedigrees, or to alter any Record without the Consent of the three Kings of Armes, or of one of them at the least. And all such Summes of Money as shall arise growe and be obteyned in the said Library or Office by way of search pedegree or such like shall be put into a Common Chest and at the End of every Moneth to be devided and distributed in the like manner as the Princes larges are at this present and wont to be.

Provided allwayes that there shall be noe Pedigrees sett forth or made in the Office nor without the Office without the consent of the three Kings of Armes jointly togeather or two of them at the least wherof Garter to be one. The proffitts thereof to be divided as followeth. Provided allwayes that it shall be lawfull for the two Kings of Armes Clarenceux and Norroy or either of them in their Visitation to make or sett forth in paper only such matches of discents of any Gentleman as they shall take notes of in their Visitations, soe that to the same discents they nor either of them shall not subscribe their names. And if any of the said Officers doe at any time hereafter make or sett forth any pedegree of discent to any person or persons contrary to the meaning and intent hereof then it is agreed by the said Earl Marshall that hee or they soe doing shall loose all his proffitt and devident that may arise unto him or them by vertue of the same Office. It is further Ordered that hee that shall travaile to sett forth any discent in such order as is aforesaid shall have in Consideration of his paynes his double parte thereof according to his degree in the said Office.

5. The Office and Prerogative of Garter.

Item, It is ordered and decreed by the said Earle Marshall that Garter shall be reputed and taken as the cheife and principall King of Armes and that hee shall have the chiefe preheminence place and voice before all other Officers of Armes in all their Chapters and Assemblies. The proclaiming of the Queene's Majesty's Stile and also all other Stiles of honour, the bearing of Letters Patents at the creations of a Noblemen, and the Gownes that they were before their Creations, his place with the Judges in all Justs, Triumphs and Turnaments Royall as the other Kings of Arms have, the Certificates of the elections and deaths of all knights of the honourable Order of the Garter and their Gownes at their Installations. And alsoe the placing of the Lords in Parliament and all other assemblies of Honour with all Fees thereunto belonging And further it is Ordered {margin note: Garter, Clarenceux & Norroy only or one of them to call Chapiters} that Garter Clarenceux and Norroy or any one of them according to the auncient Order amongst the Officers of Armes shall have the onely summoning and calling of Chapters to be houlden by the said Officers of Armes at the Colledge aforesaid And noe Chapter shall be hereafter houlden by the said Officers of Armes except there be present at the said Chapter the three Kings of Armes, if soe many of them be living and foure Heraulds to the intent that no matter may be there ended without the assent and consent of eight voices, whereof the voice of every King of Armes shall be accompted and taken for two Voices according to the laudable custome of auncient time used in the said Office of Armes. Provided alwayes that it shall not be lawfull for the said Officers of Armes in any of their Chapters aforesaid to make any ordinance or decree which shall be contrary or not agreeing with theise Orders herein specified.

6. Chapters to be holden for the debating of Matters that may arise in the Office and for increase and exercise of learning.

Item, It is Ordered and decreed by the said Earle Marshall that for the better increase of learning and knowledge to be henceforth had and continued in the said Office of Armes and followers of the same, and to the intent that they thereby may be more able to serve well in their Vocation in times both of Peace and Warr. It is therefore decreed that three Kings of Arms as occasion shall serve hould and keep a Chapter for the onely debating and discussing of such doubts, questions and controversies as by possibility may rise and growe not onely upon the bearing, using, paileing or quartering of any Armes or Ensigns of Honour or upon the discents or pedegrees of any Noble or Gentile personages but alsoe of the right usage and Ceremonyes to be observed at Coronations Creations funeralls and all other such like solemnityes and assemblyes of Honour and worthiness. And of the Lawes, Ordinances and Orders of the feild of the somoning of Townes and holds the takeing useing and ransoming of prisoners as alsoe of their doeing of Messuages or giving of Defiances as of their behaviours, or demeanors in the proclaiming or uttering of any thing that may be given them in charge to declare, utter pronounce or doe to any foreigne potestate as alsoe to the receiving, entertaining, placeing and service of Ambassadors or any other forraigne Estate and generally of all other things appertaining to their Office, in which Chapter this Order shall be used and kept. That every Pursuivant and Herauld of Armes beginning with the youngest of the said Office and so proceeding in due Order at one Chapter a Pursuivant and at the next a Herauld shall after the Officers of Armes assembled and sett in their places, standing before them put forth three Cases or Questions which by possibility may chance to happen upon any of the aforesaid matters, and after the said Cases or Questions soe proponed and by them heard and well understanded, the kings of Armes shall choose and appoint whether of the three Cases they will have argued and debated in that Chapter, whereupon the said Herauld or Pursuivants that putteth that said Cases, shall first of all plainly and distinctly declare what he thinketh thereof, and what reasons or authorityes hath moved him to be of that minde and opinion. And then every Pursuivant, Herauld and king of Armes beginning at the youngest and soe proceeding in due order shall in sort like declare what their Opinions are in the same Case, to the intent that being thus exercised by conferrence and consultations amongst themselves they may as good Officers, be the more able and ready to doe their dutyes and service to their Prince and Country upon paine that every of the said Officers of Armes, making default of such meetings and assemblies for exercises of learning and not being lawfully letted by the Princes service or other cause reasonable shall forfeit such summes of Money as shall be though meet in their said Chapters.

7. The Office and Prerogative of Clarenceux and Norroy.

Item, It is alsoe ordered and decreed by the said Earle Marshall that Clarenceux and Norroy within their severall Provinces, shall have the disposing and ordering of all Combats, fightings in lists, bearing of Banners, trying of Justs and Prises, and their places with the Judges in all Justs Tryumphs and Turnaments with all Fees, and comodityes thereunto belonging, saveing and reserving to the other Officers of Armes, such accustomed fees and droites as heretofore they have had and enjoyed.

8. The Burials appropriate and incident to Garter.

Item, It is alsoe ordered and decreed by the said Earle Marshall that Sir Gilbert Dethicke Knight otherwise called Garter Principall King of Armes shall have the ordering, Marshalling and setting forth of the Burialls of all such Noble and honourable personages as now are, or at any time hereafter shall be of the honourable Order of the Garter and their wifes in such sort as his predecessors in the Office of Garter have heretofore had and enjoyed. And that hee shall further have the burials of all the Nobles being Peers of this Realme and of the high Court of Parliament and their wifes with the two Arch Bishops of Canterbury and Yorke and the Bishopp of Winchester onely. As also the ordering and setting forth of Burialls of the Heirs apparent of all Dukes, Marquesses, Earles and their wifes. And it is further ordered that hee the said Garter shall take to serve with him at the funerals of the aforesaid Noble and honourable personages, first Clarenceux and then Norroy Kings of Armes, and soe successively one after another the Heraulds and Pursuivants of Arms in order according to their auncienty and degree in Office and soe to beginne againe.

9. The Burials appropriate and incident to Clarenceux and Norroy.

Item, It is allsoe ordered and decreed by the said Earle Marshall that Clarenceux and Norroy shall within their severall Provinces have the onely ordering Marshalling and setting forth of the funeralls of all other Gentile and noble personages (Vizt) that is to say all other estates from a Baron downwards except Knights of the Order and their wifes, without the lett or interuption of any other Officers of Armes: And the said Clarenceux and Norroy shall take to serve with them at the said funeralls as occasion shall serve and the place require, other the Heraulds and Pursuivants of Armes successively one after another in order according to their auncienty and degree in Office. It is alsoe ordered that Norroy Kinge of Armes shall have a turneat the funeralls in the province of Clarenceux among the said Heraulds and Pursuivants as the eldest Herauld. {margin note: A Deputy allowed at Funeralls in case of sicknes}It is moreover ordered and decreed that if it shall fortune any of the Kings of Armes to be in the Princes Service, in visitation or sicknesse, or otherwise absent that then one of the said Kings of Armes to be the others Deputy: as though hee himselfe were there present; And further it is Ordered and decreed that if it fortune any of the said Herauldes or Pursuivants to be visited with sickness, that then it shall be lawfull for every of them in time of sickness to assigne his Deputy to serve for him at any such funeralls, which Deputy shall be accomptable to him of all droits and commodities received or had for any such funeralls. Provided alsoe that the said Deputy soe serving shall be allowed his reasonable charges of him then being sicke, any thing in theise articles to the contrary notwithstanding. Provided allwayes that at what time as any of the said Heraulds or Pursuivants shall serve at any of the funeralls aforesaid the Kinge of Armes not being present thereat, the said Heraulds or Pursuivants soe serving shall within one Moneth next after the funerall pay to the King of Armes to whom it shall appertaine such ordinary fees as at this present are used and heretofore have been accustomed.

10. Certificate to be taken at Funeralls.

Item, It is also ordered and decreed by the said Earle Marshall that every King of Armes, Herauld or Pursuivant, that shall serve at any funerall as is aforesaid shall bring into the Library or Office of Armes a true and certaine Certificate under the hands of the Executors and Mourners that shall be present at the said funerall conteyning the day of death, the place of Buriall of the person soe deceased. And alsoe to whom hee or shee marryed, what Issue they had, what yeares they were at the time of the said Buriall, and to whom they were marryed to the intent that the said Certificate may be Registered and soe remain as a perpetuall Record in the said Office for ever.

11. The grant of new Arms to be with the Earl Marshal's consent.

Item, It is alsoe ordered and decreed by the said Earle Marshall that from henceforth there shall be noe new Armes granted to any person or persons without the consent thereunto of the Earle Marshall had {margin note: The three Kings of Armes to give Crests and confirmacions Provided allwayes that it shall be lawfull for Garter, Clarenceux and Norroy and every one of them jointly together to give new Creasts and confirmations as ever heretofore they have done, the profitt whereof to be equally divided amongst them three, soe that noe other Officer of Armes shall intermeddle or have to doe with the said grants of new Armes, Creasts and Confirmations or receiving any part of the Comodities riseing thereof for that the same droietes have allwayes been due to the said Kings of Arms ever heretofore, and to noe other Officer of Armes as may appearby all ould Presidents in the Office And that noe Patents of Armes be granted unless the hands of the three Kings of Armes be thereunto subscribed, the profitt wherof to be equally divided amongst them three.

12. A Book to be yearly made of all Patents and Grants of new Arms called the Earl Marshall's Book.

Item, It is alsoe ordered and decreed by the said Earl Marshall that the three Kings of Arms Garter Clarenceux and Norroy shall yearly within one Moneth next after the feast of Saint Andrew the Apostle bring and deliver to the Earle Marshall or his Deputy appointed for that purpose, at Howard House in London one booke conteyning a true Copy and tract of all such Patents and grants of new Armes as have been granted by the said Kings of Armes or any of them within one Yeare next before the bringing in of the same Booke which Booke shall be inituled and called the Earle Marshall's Booke to the intent that it may soe appeare unto him what new Armes have been given the same yeare.

13. The three Kings of Arms to Appoint and make each to be the others Deputy.

Item, It is also ordered and decreed by the said Earle Marshall that the three Kings of Arms Garter Clarenceux and Norroy may make appointe, substitute and ordaine the one of them to be the others Deputy in times of their being in the Princes Service or Visitation or sicknesse or otherwayes absent as concerning funeralls and other functions in the Office of Armes in every thing or things as if they themselves were there present any Article, Statute, Oredinance or custome heretofore made and used to the contrary notwithstanding.

Item, It is also ordered and decreed by the said Earle Marshall that all Statutes, Orders and Decrees heretofore had or made shall be clearly taken away and of none effect after the Date of these present Orders. In Witnesse whereof I the said Earle Marshall have to theise presents subscribed my hand and thereunto sett the seal of my Armes the Day and yeare abovesaid.

T. NORFOLK.

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Notes

Prince: I.e. the sovereign, at this time Queen Elizabeth I. Go back.

Derby-House: The Crown granted Derby House in 1555 to the Corporation of Kings, Heralds, and Pursuivants of Arms. It was destroyed in the Fire of 1666, but the present College of Arms building was built on the same site. Go back.

Princes larges: Largesse - rewards of money given by the sovereign for such occasional duties as proclaiming the Royal Style at banquets. Go back.

Were: Wear. Go back.

Justs: Jousts. Go back.

Paileing: Impalement. Go back.

Gentile: Gentle. Go back.

Somoning: Summoning. Go back.

Youngest: I.e., with the least seniority. Does not refer to officer's age. Go back.

Though: Sic, should be "thought". Go back.

Provinces: Clarenceaux: England south of the River Trent and all of Wales. Norroy: England North of the River Trent. Go back.

Burials: Since the fees paid to Officers of Arms presiding at funerals were considerable, there was much dispute between them over "funeral turns," so great care is taken in these Orders to regulate turns. Go back.

Bishop of Winchester: Ex officio Prelate of the Order of the Garter. Go back.

Heirs apparent of all Dukes, Marquesses, Earles: These get to use "Courtesy Titles," lesser peerage titles belonging to their fathers. Go back.

Order: Order of the Garter. Go back.

Norroy Kinge of Armes: As Norroy's province (the North of England) was more sparsely populated than the province of Clarenceaux. Go back.

Droits: Rights, i.e. to cloth used for funeral hearse, etc. Go back.

Under the hands of: I.e., signed by. Go back.

Perpetuall record ...: The register books of Funeral Certificates from this period remain a vital source for modern genealogical research. Go back.

Grant of New Armes...: A King of Arms writes a petition (signed by the prospective grantee) requesting the Earl Marshal's Warrant. The Warrant permits the King(s) of Arms to grant the arms under Letters Patent. This procedure is still in effect. Go back.

Crests and Confirmacions: I.e. grant crests to existing arms that had no crest, and to confirm arms previously born by ancestors, as opposed to a grant of new arms. Go back.

Presidents: Precedents. Go back.

Hands: Signatures. Go back.

Feast of Saint Andrew the Apostle: November 30. Go back.

Initualed: Probably meant "intituled," i.e. entitled, rather than initialed? Go back.



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