The character of purfuivant has fometimes been confounded with that of herald, but it is in many refpects different; it varied as that of efquire does from knight, or novice from monk; it was not equally high in refpect, nor was it indelible: a herald once duly fworn could by no means cease to be a herald, not even, it is faid, by becoming a knight; but a purfuivant might at pleasure renounce his deftination if his attachment to it ceafed.

Heralds were in ancient times, dreffed without arms or offenfive weapons of any kind, and in war were bare headed, except a fillet of azure filk worn for the fake of diftinétion, or according to the fanciful genius of thofe days, in token that with them refided perpetual and firm truth, with a white circle or chaplet, indicating humility and love. Their drefs was the tabard, or coat of arms, properly fo called, which at an early period was, as already has been faid, the drefs of courtiers; it was a fhort coat with open fleeves, in the form of efcutcheons joined together, in which heralds had the arms of their country properly emblazoned: fuch is their drefs of ceremony to this day, but in old times, they were allowed in the field of battle to wear a coat of mail under it, as a protection against undefigned injuries. Thefe tabards the heralds wore, as their maiters were used, in battle and at tournaments; but the purfuivants, being novices, wore theirs tranfverfely, that the parts reprefenting fleeves lay on the back and breaft of the wearer; a diftinction which made them confpicuous, even at a great distance. There were feveral other differences between their drefs and that of heralds; and even at prefent, although the tranfpofition of the tabard is difcontinued, heralds have collars of S. S. which purfuivants have not. The tabard was confidered, in ancient times, a fufficient guaranty to the perfon of the wearer, however acrimonious the fovereigns between whom they were employed might be against each other, or whatever matter of irritation might be contained in the message they were charged to deliver; and a herald to whom a fafe conduct in writing, or an efcort has been given, has been known to protest against either, as feeming to imply a doubt of the fufficiency of his official protection.

In the glorious reign of Edward III., the heralds first acquired, as a body, the right to decide, officially, refpecting rights of arms and claims of defcent; but although their character was highly refpected, and their miniftry implicitly sanctioned, and there are reafons to believe that they were known as a corporation, they had not the advantages of a regular local cftablishment, till the time of Richard III., With whatever juftice this hort-lived ufurper may be vilified for the means

by which he obtained the crown, he fhewed, in many instances, a clear difcernment of the true interefts of his country; and heraldry owes more to him than to any other monarch. Poffeffed of the greatest personal bravery, he was from his infancy nurtured in war, and attached to military pursuits; and was, more especially, ambitious of preferving the hereditary dignity and fuperior claims of the "White Rofe." He fupported at his own charge Richard Campneys, falcon-herald, whom, on his acceffion, he created Gloucefter king of arms, and at whose inftance he was further induced to grant to the body of heralds immunities of great importance.

By his letters patent dated March 2, 1483, the first of his reign, he directed the incorporation of heralds, affigning for their habitation a manfion which had belonged to Henry Holland, Duke of Exeter, called Pultney's Inn, in Cold Harbour, and fituate in the parish of All Saints, London; and it is called by Stowe, in his Survey, "a right fair and stately houfe." Of this abode they were difpoffeffed by Henry VII. and obliged to take fhelter in the hofpital of Roncivalle, near Charing-crofs; nor did they obtain a more eligible dwelling, till Philip and Mary, perfecting an intention which death had prevented Edward VI. from accomplishing, incorporated them anew, and affigned to them a capital mefluage, called Derby Place, purchased from the earl, its proprietor, in exchange for certain lands in the county of Lancaster, and fituated in the parishes of St. Bennet and St. Peter, London, being the place where the college of arms now ftands. The original edifice was a prey to the conflagration in 1666, but the records were faved, and the house re-established, partly by public fubfcription, partly by a refervation from the fees of the office, or the contribution of the members, and fome portions were erected at the cost of the individuals, who were for their lives to inhabit them.

Before the heralds were incorporated and affembled in a collegiate capacity, they were conftantly attendant on the court, as the king's household fervants, and exercifed a fpecial jurifdiction in all matters of chivalrous concern. The college confifted of three claffes or degrees, king of arms, heralds, and purfuivants. The number of each of thefe claffes was occafionally increased by many fovereigns; fo that from the reign of Edward III. to that of Elizabeth, many kings of arms, heralds, and purfuivants were at different times created or reftored, and fubfequently abolished or difcontinued. The number of the prefent college is thirteen, namely,

Three Kings,-Garter principal, Clarenceux, and Norroy. Six Heralds,-Windfor, Chester, York, Somerset, Richmond, and Lancaster; and

Four

Four Purfuivants,-Rouge croix, blue mantle, rouge dragon, and port-culis.

They are all appointed to their places by nomination of the earl marfhal, by him they are confidered as minifters fubordinate to him; but they hold by patent, during good behaviour, and being the king's fervants in ordinary, although not merely fo, for they are likewife officers of the crown, they may, in the vacancy of the office of carl marshal, be fworn by the lord chamberlain. It was held, in old times, that no one could attain the higher ranks of this fraternity without regular gradation through the lower; but the contrary was decided in Weftminfter Hall.

Since the establishment of the Herald's College, the authorities and functions of their body have become more fixed and determinate, and were for fome time exercifed with great vigour; but long before the days of Richard III. they held a regular chapter, in their collegiate capacity, at the fiege of Rouen, in January 1420, when the outline of a code of conftitution for regulating their jurifdiction was formed and approved.

EARL MARSHAL. In times antecedent, as well as subsequent, to the establishment of the college, writs or edicts were iffued to try the titles of perfons pretending to armorial distinction. By one of thefe, in 1416, 7 Henry IV. the fheriff of every county was ordered to fummon all perfons bearing arms to prove and establish their rights, to the intent that none, of whatever degree, might affume names or coat armour, without being entitled to those diftinctions by ancestry, or by the donation of fome one in that behalf fufficiently qualified; and many contested claims were referred to the heralds. But the best and most effectual mode of trying these claims was in the court of chivalry, or by commiffions iffuing from it; which court was first held under the lord high conftable and earl marshal jointly, and, fubfequently, under the latter officer alone. The court of chivalry was formed by impannelling twenty-four knights as a jury, over whom the earl marthal prefided as judge, and before whom the heralds occafionally pleaded as advocates. Sometimes the decifion was made by judicial duel; fometimes a verdict, or judgment was delivered on the examination of evidence, parol and written, and hearing of the arguments; and the decifion was, in old times, final, though fubfequent appeals to the court of King's Bench undermined, and, in time, fufpended, though they have not formally deftroyed, the authority of the earl marfhal's court. During the plenitude of his authority, the earl marshal had power to fummon the heraids to affift him in conducting caufes, and to give orders for their making vifitations of counties, to inquire into the legal claimants, both

of

of eftates and honours, and to ascertain and fettle genealogy. Such vifitations were made in the reigns of Henry IV. Edward IV. Henry VII.; and in 1528 a commiffion was iffued for the vifitation of certain counties by one of the kings of arms, which was renewed every twenty-five or thirty years, to the great fatisfaction of the gentry, who encouraged the plan by liberat communications. The heralds were, at that time, invefted with authorities commenfurate to their task; the commiffion under which they proceeded was full and explicit, empowering them to correct all falfe crefts, arms, and cognizances; to take notice of defcents, and to reform all fuch as were disobedient to the orders for funerals fet forth by Henry VII. They were empowered to employ the conftables, and other civil officers, in diftributing notices, and citing the gentry to establish their claims to arms; those who refused to obey thefe citations were to answer for it, on lawful monition, before the earl marshal, the heralds were to levy fines on delinquents at pleasure; and the other courts acknowledged them fo far as to renounce jurisdiction over their perfons on the claim of the earl marshal. Their efforts were ufeful in recording the establishment and feparation of junior branches of families, and affigning to them fuch bearings as their circumftances required; and if any doubts arofe, or parties, through neglect or contumacy, refused to attend their fummons, the pedigree was inferted in the report of the heralds, but the arms omitted, till further proofs, or til the party neglecting thought fit to appear; but in fome cafes, contumacy was deemed a renunciation of the right to arms, binding not only the individual, but his defcendants, for ever. As the fuppreflion of monafteries, and the relaxation of the feudal fyftem, facilitated the acquifition of landed property, the new poffeffors, becoming anxious for the honours usually annexed to land, made application to the heralds, who had authority, and were accuftomed, for fees, to grant them fuch bearings as they confidered appropriate. To this practice there could in reafon be no objection, since all such rights must have fome origin, and an authentic donation is much more creditable, as well as certain, than an ufurpation, of whatever continuance; but yet, fo dangerous is conteft or doubt in a matter relating merely to public opinion, that perhaps this circumftance, more than any other, tended to render the people in general indifferent to the proceedings of the heralds. The facility with which arms were purchafed, induced many to affume them without even that fanction; and impoftors, pretending to be delegated from the heralds, obtained money from the ambitious and credulous, under pretence of configning to them thefe diftinctions. In fome cafes, the impoftors were punished with

the pillory and lofs of ears, but against those who affumed arnis without warrant, the authority of the court of chivalry was too feeble to afford fuch redrefs as would operate as an example; nor did the court of King's Bench lend ready or vigorous aid, to repress a species of offence which was not easily reducible to any known definition of crime. The very existence of the court of chivalry was decried as a public grievance, in the reign. of Charles I. by Mr. Hyde, afterward Lord Chancellor Clarendon, who related fome ftriking inftances of its tyranny and absurdity; an attempt was made at the restoration to re-eftablifh its jurifdiction, but no confiderable effect was produced, and it remains at this time, in a state of recorded exiftence, though of virtual abolition.

The earl marshal is the eighth great officer of ftate. This office, till it was made hereditary, always paffed by grant from the king, and never was held by tenure or ferjeanty by any fubject, as the offices of lord high steward and lord high conftable were fometimes held. The title is perfonal; the office honorary and officiary. They were formerly ftyled lord marfhall only, until Richard II. June 20, 1397, granted letters patent to Thomas Mowbray, Earl of Nottingham, and to the heirs male of his body, by the name and style of earl marshal; and further, gave them power to bear in their hand a gold truncheon, enamelled with black at each end, having at the upper end the king's arms engraven, and at the lower end their own arms. James I. by letters patent, dated August 29, 1622, constituted Thomas Howard, Earl of Arundel and Surrey, earl marshal for life; and, the next year, the fame king granted (with the advice of the privy council) letters patent, wherein it was declared, that during the vacancy of the office of lord high constable of England, the earl marshal had the like jurifdiction in the court of chivalry, as both conftable and marthal jointly ever exercised. On the 19th of October 1672, Charles II. granted to Henry Lord Howard, and the heirs male of his body, the office and dignity of earl marshal of England, with power to execute the fame by deputy, with a falary of 201. per annum; and in cafe of default of heirs male, the descent was limited to collateral branches; confequently one of the titles of the Duke of Norfolk is that of hereditary earl marshal.

KINGS OF ARMS. The provincial kings of arms were anciently flyled reges heraldorum; but in the reign of Henry IV. they began to change it to reges armorum. The title affumed by thefe officers was used by claffical authors in a fenfe fomewhat equivalent, as rex facrificus, rex facrorum, among the Athenians; and rex æraria, rex vini, rex pueritia, among the Romans. To this origin might reasonably be referred the title of king of

arms;