To this the plaintiff rejoined, that there was then no such public record extant in the Office of Arms, or Marshal’s Court, that appropriated any such bearing to this name or family of Carmenow, neither was the Provincial Herald called Clarencieux, for granting arms and recording the descents of private gentlemen for the south-west part of England, instituted but just before this action; and therefore, if the said Ralph Carmenow, or his ancestors, gave those arms, they were only personal badges or devices that terminated with their lives, and could not be hereditary or descend to posterity. And further it was alleged that in case Carmenow’s ancestor lived at Carmenow before the Norman Conquest, those arms could not be appropriated to him by the name of de Carmenow, for it was not the custom of the Britons till about a hundred years after, to style themselves from local places with the Latin pronoun

or particle, De, after the manner of the French. But before were generally distinguished by the names John Mac Richard, Richard Mac Thomas, Robert ap Ralph, &c. that is to say the son of Thomas, Robert, and Ralph, according to their lineal descents.

Whereupon, after a full view and hearing of what could be said and shown on either part, by learned council as to records, manuscripts, deeds and pedigrees, the Earl Marshal, in Westminster Hall, gave judgment for the plaintiff; and the definitive sentence was afterwards made and signed with the public seal of that Court, and read in open audience; and orders given to the Sub-Marshal to put the same in execution; which was, that Carmenow should never more give the arms aforesaid without a label of three points Gules for a distinction; when accordingly the same was first entered of record in Clarencieux, or the Provincial Herald’s books, as the subsequent hereditary coat armour of his family, (and as tradition saith Carmenow paid costs,) which rule was ever after by those gentlemen observed in their bearings.

And though Carmenow’s friends pleased themselves in this distinction of a label, because given by the Emperor of Rome’s son and heir whilst his father was alive; and for that it is the mark or cognizance of the eldest son and heir of a family of the greatest degree; yet it is manifest Carmenow himself was so distasted therewith, that he chose for the motto of this new bearing arms, a Cornish sentence which abundantly expressed his dislike thereof: Cala rag Ger da, id est, a straw for fame, or breath.

William Carmenow, his son and heir, married the sole daughter and heir of Rawleigh, of Smallridge, in Devon, and was Sheriff of that County 14th of Richard II.; he had issue by her Thomas Carmenow, Sheriff of Cornwall 2 Henry VI. He or his son was also Sheriff of Cornwall the 8th of Henry VIII.; who had issue William Carmenow, father of John, whose daughters and heirs were married to Arundell of Lanherne, and Sir John Reskymer, of Reskymer,

Knight. This John Carmenow suffered the barton and manor of Carmenow, with other lands, to go in marriage with his two daughters and heirs, married as aforesaid; whilst the greatest part of his ancient estate, by virtue of the entail, after his decease descended to his younger brother, John Carmenow, of Fentongollan, Esq. Sheriff of Cornwall 5 Henry VIII.

In this local place of Carmenow those gentlemen had their ancient domestic chapel and burying place, the walls and windows whereof are still to be seen; in which place also formerly stood the tombs and funeral monuments of divers once notable persons of this family; of which sort, in the beginning of King James the First’s reign, when this chapel was left to run to ruin and decay, the inhabitants of this parish of Mawgan, out of respect to the memory of those gentlemen, brought from thence two funeral monuments in human shape, at full length, made of alabaster, freestone, or marble, man and woman I take it, curiously wrought and cross-legged, with two lions couchant under their feet, and deposited or lodged them in this parish church of St. Mawgan, where they are yet to be seen, though the inscriptions and coat armour thereof are now obliterated and defaced by time. Now, though it was the custom to form the funeral monuments of such as had been in the Holy War temp. Richard I. and Edward I. cross-legged, yet I find that posture of monuments for the dead was much more ancient, and placed on the tombs of such as had never been in the Holy War, in memory of the cross whereon our Blessed Saviour suffered for our redemption and salvation. Lastly, it is further observable of this family of Carmenow, that, notwithstanding their great estate, gentility, and antiquity, they never had any higher title of honour or dignity conferred upon them by our English Kings than that of Knights Bachelors, of which sort two or three of them had been knights. This family was possest of five knight’s fees of land temp. Henry IV.;

in Trewint, in Lesnewith, also in Moteland there, also in Hernecoft in Stratton hundred, also in Merthyn and Winenton in Kerrier; by computation four thousand acres of land of this tenure. (See Carew’s Survey of Cornwall.)

Res-ky-mer, in this parish, was the seat of Rogerus de Reskymer, a military man or officer for conduct of the new levies for France, 15 Edward III. (Survey of Cornwall, page 52.)

Richardus de Reskymer, probably his son, was one of those forty-nine Cornish gentlemen that held lands by the tenure of knight service, or grand sergeanty, by attending the King personally in his wars, with a horse and arms furnished according to his degree. See the writ directed to the Sheriff of Cornwall for that purpose, commanding him to attend him in his wars in France, 25 Edward III. (Carew’s Survey of Cornwall, page 51.) He held by the same tenure above £20 lands per annum.