XXVlll

The PREFACE.

Jrr. in memorane!. Scii’ de anno iii. Dom. Regis infralcript. viz. interRecorda, de Ter’o. Sci. Mich's. Rot. tertio, ex parte Remem. Thelâur.

The King granted this Charter by the Advice and Confent of his Council,upon a Reprefentation of the Knights of the Garter for the “ Stablyßements“ (as it is worded ) of the old Priviledges of the Office of Armes ,” fee Notes tothe Black-Book p. 443. h. It is not introduUive of a new Right, but de-claratory of a preferiptive Immunity incident to thofe Officers in all civilizedRealms, and which r was originally intended by Way of Supplement to their Sa-laries “ in Order to their decent and convenient living in honeß State withoutImpeachment."

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As the Crown hereby exerted a* volunt ary furifdi&ion by Virtue of a legalPrerogative, fo this Charter it felf in the Eye of the Law, incorporated theHeralds in RefpeB to the fubjeU Matter of' it, according to the Refolution ofthe fudges 2 1 E. 4. /. 5 6, that the Grant of Difcharge of Toll hominibusde T. incorporated the Inhabitants in that Inßance. Let us now examine theContents of this Charter in the Order of the Allegations, and the Extent of theImmunity herein granted, and the Allowances thereof in the Courts of Jußice.

The Averment that Officers of Arms in foreign Realms enjoyed an Exemptionfrom Taxes is confirmed by feveral Authorities. As to France fee Du Frefh.GlofT. voce heraldus, Matthieu des Eflats de France p. 60. The Charter ofJohn Duke of Bourbon 24 May 1487. in 3 Cerent, p. 3 2 in Off. Arm.Bellefbrelt /. 4. c. 41, &c. Thus the Emperor Charles V in a Chapter of theGolden-Fleece on 25? Dec. 1545 decreed, that the Officers of Arms “ feient“ quits ÔC francs de toutes tailles, & guets, & de toutes autres choies.”Jurifpr. Heroica vol. 2. p. 69. The Laws of Bearn, are expreß, ToutzReys d’armas, Heraultz 6 Trompetas fen francs de Naulages & Pontages,les Fors & Collumas de Beam, a Paris 15 5 2. 4to Art. 1 4. &c.

This Charter implies that the like Privilege had been enjoyed by them withinthis Kingdom > The Collellor owns that he knows not what Methods thefe Offi-cers took antecedent to this Grant to be releived, in Cafe they were ajfejfed tocontribute to any Tax, though he finds that as longßnce as the 9th or 10 th Tearof Rich II. Cotard de Cheyne Aquitaine King of Arms, obtained a Charterto difcharge him during his Life from all Tallages granted, or to be granted tothat King or to his Heirs.

De par le Roy

Trelchers & bienamez. Come de noltre grace elpetiale avons grantez,en taunt come en nous ell, a nollre bienamè Cotard du Cheyne Roy d’armesdl Acquitame, q’il pur terme de là vie ne feit mys a nul tallage graunté,ou a granter a nous, ou a noz heirs, Vous mandons, que lùr ce vous fà-cez avoir au dit Cotard noz lettres patentes lôuz nollre grand Seal en dueforme. Donn. fouz nollre ligner a nollre manoir de Eßhamßed le xxvii jourde Feverer. Priv. Sigili* in Turre.

And