62 



NOTES AND QUERIES. 



[2na s. No 82., Jolt 25. '57. 



King Henry the 3rd in the sixth year of his reign. 

 In the XII. Chnpter he found it ordained, That 

 Assizes of novel dissesson and of mortchauncestor 

 should not be taken any other where, but within 

 the Counties where they happened, and that the 

 King himself or his Chief Justice (if he were out 

 of the realm) should send his Justices through 

 every County once a year, who with the Knights 

 of the same County should there take the Assizes: 

 it encouraged him well to have so good luck at 

 the first, and going on he found like credit given 

 unto Knights in the Statute of Westminster the 

 first in the 3rd year of Edward the 1st, the 30th 

 Chapter, and in the Statute of anno 27 of Ed. 

 the 1st, Capt. 3 et 4, whereby they were appointed 

 to be associated to the Justices of Nisi prius : also 

 he found besides amongst the Statutes of West- 

 minster the 1st, Capit 35, especial provision made 

 that every tenant should pay to his landlord towards 

 the making of his eldest son of his said landlord 

 Knight, — that pleased him also, and began to 

 imagine it might be his own turn to have some 

 benefit by that Statute hereafter ; but he observed 

 moreover out of it that about that time it seemed 

 to be a chargeable thing to be made a Knight, 

 and going on amongst those Statutes, and out of 

 the 42nd Chapter of Westminster the 2nd, a°. 

 13 E. 1. he gathered much plausible matter, for 

 there he found that Earls and Barons long before 

 that time had used to take the Order of Knight- 

 hood upon them as an addition of honor ; for 

 there it was provided, because the Marshal began 

 to exact over great Fees, that if he had taken a 

 Palfrey at the doing of their homage, he should 

 not take another Palfrey when the King made 

 them Knights, but should content himself with 

 one Palfrey for both, or with the ancient price 

 thereof, and this was long before there was any 

 special order of Knighthood invented in England 

 after the Conquest : yet he turned further and 

 light upon the Statute of Carlile made a". 15 E. 2., 

 by Avhich it was enacted about acknowledging of 

 Fines to be levied of Lands between party and 

 party (a matter of great importance), if any of the 

 parties could not appear in Court, that then one 

 at the least of the Judges of the same Court with 

 an Abbot, Prior, or Knight, should go to the 

 party and take his acknowledgement and certify 

 the same ; and turniYig to and fro he found another 

 old ordinance concerning matters of Tournaments, 

 in which noble exercise Knights were associates 

 to Earls and Barons, and one law for them all. 

 So thinking he had enough he gave over for the 

 time. After a day or two he went with his col- 

 lections to visit his Lawyer ; upon the meeting, 

 " What," saith the Lawyer, "have you found any 

 thing for your purpose ? " " Yen, that I have," 

 answered the Youth ; " I hope I shall turn Lawyer 

 also, I have so good luck ; " and shewed him his 

 labours. "It is well done in good faith," saith 



the Lawyer, " for a young beginner." The young 

 gentleman thereupon fell in this speech : " But 

 what say you to your Serjeants-at-Law, ought 

 they to take place above Knights ? for so I hear 

 say they begin to do." With this the Lawyer 

 smilingly looking on him, " Why not," quoth he, 

 " if they can get it ; the Common law, I tell you, 

 is an honorable profession." " Hey, but good 

 Sir," quoth the Youth, " do you think it well done 

 indeed ? Have you amongst your own Book cases 

 as much Warrant for the reputation of a Serjeant, 

 as you have delivered me for a Knight ? I tell you 

 true, I find nothing among the old Statutes for 

 their credit." " Yes," saith he," " I can shew you 

 an opinion of a late learned man that this word 

 Serjaunt is a name of dignity as well as a Knight." 

 "What," quoth the Youth, "and that a Suit 

 brought by a Lawyer before he was Serjaunt 

 should abate, he being made Serjeant?" " I can- 

 not shew any precedent thereof," saith the other, 

 " nor remember any book Cast thereupon ; but 

 look into the Statute I told you on the last day 

 concerning such matters, and you shall find that 

 it stretched by express name into Serjeants as well 

 as into Knights." " I beseech you let me see the 

 Statute," saith the Youth, " for now I think I 

 taste a Statute." Well, the Lawyer turned to the 

 Statute, and there they found it so : " Indeed you 

 have said sore to me," saith the Youth, " but yet 

 I espy a difference ; the Knight is there placed be- 

 fore the Serjeant; another thing I note that Barons 

 be mentioned there also ; and yet ye told me the 

 other day that Baro was not nomen dignitatis in 

 your Law. Why, then, did they needlessly put 

 them in amongst the rest ?" "I was not of coun- 

 sel with the penning of the Act," quoth the Law- 

 yer. " I cannot tell you readily." " Will you 

 hear the wit of a young lad," quoth the Youth, 

 "they found the Baron worthy of more than that, 

 and the Serjeants themselves being most likely 

 the penners or survitors of such a Law Act, put 

 themselves in for their Credit : he is an ill cook, 

 they say, that cannot lick his own fingers." The 

 Lawyer laughed heartily at his reason. There 

 sate by them at that time a Solicitor to a Noble- 

 man ; " In good sooth," quoth he, " by your good 

 favor, if you will give me leave to speak, I have 

 much marvelled at one thing in reading over my 

 Lord's ancient evidence : I find very many old 

 Deeds, and many Knights Witnesses unto them, 

 and most commonly in these words, ' hiis Testibus 

 Dominis F. T. Militibus,' &c. ; and yet I know 

 well these Witnesses were never Lords, and if he 

 were a Lord and Knight also, yet was it all one ; 

 and many Knights in their own Deeds did also 

 write themselves ' Sciant quod ego Dominus E. F. 

 Miles,' &c., and their Wives be called Ladies as 

 long as they live." " You say somewhat for the 

 estimation of Knights," saith the Youth, "for since 

 I was at School I have learned, that Dominus in 



