cccxxxvii dethick king OF arm case indictment misnomer in a indictment William  dethick alias garter king of arm be indict upon the statute of e for strike in  the churchyard for that the say dethick in Paul churchyard in London strike I  S it be move if cathedral church be within the meaning of the statute the  court be clear of opinion that they be and afterward the defendant plead that  before the indictment find he be create and crown by the letter patent of the  queen which he show chief and principal kin of arm and it be grant by the say  letter patent that he shall be call garter and that that name be not in the  indictment and demand judgement the king attorney by replication say that by  the law of arm and heraldry every one who be make king of arm before he  receive his dignity ought to be lead betwixt two officer of arm by the arm  before the earl marshal of England or his deputy and before he be to go four  officer of arm whereof the one be to bear his patent another a collar of esses  the three a coronet of brass double gild fourthly a cup of wine and his patent  shall be read before the earl marshal and afterward his coronet shall be set  upon his head and the collar of esses about his deck and afterward the wine  pour upon his bead and that the defendant have not receive these ceremony for  which cause he be not king of arm nor to be Leonard call upon to which the  defendant do demurrer in law Broughton argue for the defendant and he take  exception to the replication because it be plead there that secundum law  heraldorum garter upon his creation ought to receive c of which law this court  can have conusance and therefore the replication ought to be sure secundum law  England if in appeal the defendant wage battle although that belong unto arm  and heraldry yet it shall be plead accord to the law of the land and shall not  speak of the law of arm so if a infant be make a knight and he be to plead in  discharge of his wardship he shall plead accord to the law of the land and yet  the degree of a knight belong to the law of arm e dower against the earl of  Richmond who be also duke of Britain who plead to the writ that he be duke of  Britain and not so name in the writ but the court do not regard it for they  can have knowledge of it so not here of the law of heraldry also this court  can write to the herald to certify it as they may to the marshal of the king  or to the bishop but we have sufficient show our matter sure that we have  letter patent of the queen and that we be swear in the say office and so we be  king of herald by matter of record against which be plead only matter in  defect of ceremony and circumstance which be not material a earl be create  with the ceremony of put a sword broadwise about his body and a cap with a  coronet upon his head yet the king may create a earl without such ceremony and  may also create a earl by word if the same be after record when a knight be  make spur ought to be upon his heel yet without such ceremony such degree may  be confer to and upon another for such ceremony be or may be use or not use at  the king pleasure afterward it be object that the same be but a name of Office  but not a name of dignity to which it be answer that this word coronam always  import dignity and this be a dignity and office as earl marquis c Fenner  justice the patent be nomen flute imponim and therefore garter be parcel of  his name and therefore he ought to be indict by such name and it shall be  Leonard er p hard to tie estate and degree to ceremony gawdy be of opinion  that this be but a name of office and therefore the indictment good as mark  writ of summons of parliament issue without these word supreme head and the  writ be hold good for it be not parcel of the name but addition only so here  Fenner and Wray contrary for the word be A king of Corinth coronam nomen  imponim ergo part of his name which Clench also grant and afterward dethick be  discharge cro Yelv Noy pasch Elizabeth rot in the king bench