EARL MARSHAL OF ENGLAND is the eighth great officer of state. This office, until it was made hereditary, always passed by grant from the king, and never was held by tenure or serjeantry (by any subject), as the offices of lord high steward and lord high constable were sometimes held. The title is personal, the office honorary and officinary. They were formerly styled lord marshal only, until King Richard II. June 20. 1397, granted letters patent to Thomas Mowbray, earl of Nottingham, and to the heirs male of his body lawfully begotten, 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 of it the king's arms engraven thereon, and at the lower end his own arms.
King James I. was pleased, by letters patent, dated August 29th 1622, to constitute Thomas Howard, earl of Arundel and Surrey, earl marshal for life; and the next year, the same 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 jurisdiction in the court of chivalry, as both constable and marshal jointly ever exercised. See CHIVALRY, COURT OF).
On the 19th of October 1672, King Charles II. was pleased to grant to Henry Lord Howard, and the
heirs male of his body lawfully begotten, the office and dignity of earl marshal of England, with power to execute the same by deputy or deputies, in as full and ample a manner as the same was heretofore executed by Henry Howard, Lord Maltravers, late earl of Arundel, Surrey, and Norfolk, grandfather to the said Henry Lord Howard; or by Thomas Howard late duke of Norfolk, grandfather to the said Thomas Howard, late earl of Arundel, Surrey, and Norfolk; or by Thomas Howard duke of Norfolk, grandfather of the said Thomas Howard duke of Norfolk; or by John Mowbray duke of Norfolk, or any other earl marshal of England; with a pension of 201. each year, payable out of the hanaper office in chancery; and on default of the issue-male of the said Henry Lord Howard, with limitation to the heirs male lawfully begotten of the body of the said Thomas Howard earl of Arundel, &c.; and, on the default of such issue, to descend in like manner to the heirs male of Thomas late earl of Suffolk; and, on default of his issue male, to the heirs male of Lord William Howard, late of Naworth in the county of Cumberland, youngest son to Henry Howard late duke of Norfolk; and, on default of his issue male, to Charles Howard earl of Nottingham, and the heirs male of his body lawfully begotten.