lawfully do by Office that is to say The Steward of the King's Houshold notwithstanding the Liberty of any other although in another Kingdom when the Offender may be found in the King's Houshold according to that which happened at Paris in the Fourteenth year of Edward the First when Engelram of Nogeut was taken in the Houshold of the King of England the King himself being then at Paris with silver Dishes lately stoln at which deed the King of France did claim Cognizance of the Plea concerning that Theft by Jurisdiction of that Court of Paris The matter being diversly debated in the Council of the King of France at length it was Ordered That the King of England should use and enjoy that Kingly Prerogative of his Houshold who being Convicted by Robert Fitz-Iohn Knight Steward of the King's Houshold of the Theft by consideration of the said Court was hanged on the Gallows in St. Germans Field And here by the way may be noted from those recited Books alledged That the person of the King in another King's Dominions is not absolutely priviledged but that he may be impleaded for Debt or Trespass or condemned for Treason committed with in the said Dominions For it is the general Law of Nations that in what place an Offence is committed according to the Law of the said place they may be judged without regard to any priviledge Neither can a King in any other Kingdom challenge any such Prerogative of Immunity from Laws For a King out of his proper Kingdom hath not merum Imperium but only doth retain Honoris titulos dignitatis so that where he hath offended in his own Person against the King in whose Nation he is per omnia distringitur etiam quoad personam And the same Law is of Ambassadors ne occasio daretur delinquendi That Ambassadors are called Legats because they are chosen as fit men out of many and their Persons be sacred both at home and abroad so that no man may injuriously lay violent hands upon them without breach of the Law of Nations and much less upon the person of a King in a strange Land Bracton a Judge of this Realm in the Reign of King Henry the Third in his first Book and eighth Case saith There is no respect of Persons with God but with men there is a difference of Persons viz. the King and under him Dukes Counts Barons Lords Vavasors and Knights Counts so called because they take the Name from the County or from the word Sociati who also may be termed Consules of Counselling for Kings do associate such men unto them to govern the People of God ordaining into great Honours Power and Name where they do gird them with Swords that is to say Ringis gladorium Upon this cause were the Stations and Encampings of Arms called by the Romans Castra of the word Castrare since they ought to be Castrata vel Casta. In this place ought a good General to foresee that Venus Delights be as it were gelded and cut off from the Army So Sir Iohn Fern's Book entituled The Glory of Generosity Ring so called quasi renes girans circundans for that they compass the Reins of such that they may keep them from Incest of Luxury because the Luxurious and Incestuous persons are abominable unto God The Sword also doth signifie the Defence of King and Country And thus much in general of the Nobility of England Now followeth a more particular Discourse of each particular Degree and first of his Majesty the Fountain from whence all these Rivulets and swelling Streams of Honour's Spring The most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaineâ— France and Irelandâ— Defender of the faith ca. The Effiges of the most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine France and Ireland Deâ—ender of the faith câ—â— OF THE KING OR MONARCH OF Great Britain CHAP. II. MONARCHY is as ancient as Man Adam being created Soveraign Lord of the Universe whose Office was to govern the whole World and all Creatures therein His Posterity after his Death dividing into Tribes and Generations acknowledged no other Dominion than Paternity and Eldership The Fathers of Nations were instead of Kings and the Eldest Sons in every Family were reverenced as Princes from whence came the word Seignior amongst the Italians and French and Seignories for Lordship and Dominion of which Seneca makes two kinds viz. Potestas aut Imperium power to command Proprietas aut Dominium Property or Dominion These Empires in the Golden Age were founded upon natural Reverency and Piety their Power was executed with the soft Weapons of paternal perswasions and the greatest penalties that they inflicted upon the most Capital Criminals was the malediction of their Primogenitors with an Excommunication out of the Tribes But as Men and Vice began to increase Pride and evil Examples overshadowed Filial Obedience and Violence entred upon the Stage of the World the mighty Men truâ—ling in their own strength oppressed the Feeble and were at length forced to truckle under the tyranny of others more Gygantick than themselves which necessitated them to submit to Government for self-preservation many housholds conjoyning made a Village many Villages a City and these Cities and Citizens confederating established Laws by consent which in tract of time were called Commonwealths some being governed by Kings some by Magistrates and some so unfortunate as to fall under the yoak of a popular Rule Nam Plebs est pessimus Tyrannus The first Chiefs or Kings were men of Vertue elected for their Wisdom and Courage being both Reges Duces to govern according to their Laws in Peace and to lead them forth to Battel against their Enemies in time of Hostility And this Rule proving more safe for the people honourable amongst men and â—â—rm in it self than the other most Nations followed it approving the Sentence of Tacitus Prâ—stat sub Principo â—alo esse quam nulle Lamentable Experience the Mistress of Fools in some and of Wisdom in others in the Ages sequent necessitated them again to quit the â—orm of Election and to entail the Soveraign Power in the Hereditary Loyns of their Kings to prevent the fatal consequence of Ambition amongst equal pretenders in popular Elections Thus the beginning of an Empire is ascribed to reason and necessity â—ut 't was God himself that illuminated the minds of men and let them see they could not subsist without a Supream in their human affairs Necessitas â—st firmum judicium immutabilis providentiae potestas This Island of Great Britain when Barbarism was so happy as to submit to a Regal Power as Caesar in his Commentaries witnesseth then divided into many Kingdoms under which Government of Kings with some small alterations according to the necessity of times and pleasure of Conquerors it hath flourished descending from the British Saxon Danish Norman and
Scotch Kings to our gracious Soveraign Charles the Second into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body under a Head unto which each one may justly claim an interest God hath thus restored our ancient Government and seated our Soveraign in the Throne of his Ancestors giving him a power just and absolute as well to preserve as curb his people being not only Major singulis but Major universis and his power is super totam Rempublicam which I thus prove Either the whole power of the Commonwealth is in one or not if not then he is no absolute King or Monarch but if he be as all must yield a Monarch I ask if there be a power in the Commonwealth which is not in him Is it subordinate to his power or not If subordinate than his power is above that power and so super totam Rempublicam Major universis if it be not then there are a simul semel to Supream Civil Powers in the same individual Kingdom and Gubernation and yet divided against it self which is most absurd and impossible This in Answer to a monstrous Pamphlet which the lasciviousness of our late unhappy Wars produced which asserted Rex minor universis But the Divine Providence hath I hope put a period to all such Trayterous Tenents and concluded such Disputes by Acts of Parliament so that no person for the future shall dare to question who hath the right of making Peace or War the power of Militia by Land and Sea all strong Holds and Forts c. being the inherent right of the English Monarchs by their Prerogative Royal. The King is God's Vicegerent and ought to be obeyed accordingly If good he is a blessing if bad a judgment and then against whom we are to use no other weapons but prayers and tears for his amendment He is styled Pater Patriae Caput Reâ—publicae and because the protection of his Subjects belongs to his care and office the Militia is annext to his Crown that the Sword as well as the Scepter may be in his hand The Parliament then all Roman Catholicks in the behalf of Henry the Eighth writ to the Pope declaring that his Royal Majesty is the Head and the very Soul of us all his Cause is the Cause of us all derived from the Head upon the Members his Griefs and Injuries are ours we all suffer equally with him Camden in his Britannia fol. 100. calls the King the most excellent part of the Commonwealth next unto God He is under no Vassuage he takes his Investure from no man Rex non habet Superiorem nisi Deum satìs habet ad poenam quod Deum expectat ultorem In England France Spain c. Kings are styled Dei Gratia c. and as the French King is said to be Rex Francorum Christianissimus the most Christian King of France The King of Spain the most Catholick The Emperour the Defender of the Church So the Kings of England by a Bull from Pope Leo the Tenth sent to King Henry the Eighth for a Book of Controversie written by him against Luther have the Title of Defenders of the Faith and by Act of Parliament he is declared Supream Head of the Church of England It is the manner also for Kings to write in the plural Number which is God's own style Mandamus Volumus c. and in the Scripture we find them called Gods in which sense they may be styled Divi or Dii quia Dei Vicarii Dei voce judicant Our Lawyers also say Rex est persona mixta cum Sacerdote habet Ecclesiasticam Spiritualem Iurisdictionem This shews the King's power in Ecclesiastical Causes being anoynted with Oyl as the Priests and afterwards the Kings of Israel were which signifies his person to be both Sacred and Spiritual And therefore at the Coronation hath put upon him a Priest's Garment called the Dalmatica or Colobium and other such Vests And before the Reformation the King as a Spiritual person received the Sacrament in both kinds He is capable of holding Tithes all Extra-Parochial Tithes some Proxies and other Spiritual profits belong to the King The Ceremonies at the Coronation of the King are many and with us in England more than in many other Countries As the Anoynting with Oyl which is proved by Mr. Selden to be of above one thousand years standing the Crown set upon his Head with many Religious Ceremonies besides the Ensigns of Regality which are a Ring to signiâ—ie his Faitâ—fulnes a Bracelet for Good Works a Scepter for Justice a Sword for Vengeance Purple Robes to attract Reverence and a Diadem triumphant to blazon his Glory It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capiâ—e etiam pectâ—re brachâ—is quod significat gloriam sanctitatem forâ—â—nâ— inâ—â—n King's are Anoynted on the Head to signiâ—â—e their Glory on the Breast to Emblematize their Sanctity and on their Arms to declare their power He is crowned with an Imperial Crown the Crown set on his Head by the Arch-bishop of Canterbury a prerogative belonging to that See as it is in Spain to Toledo in France to Rheims and in Sueden to Vpsalia But this Imperial Crown hath not been long in use amongst us though our Kings have had Imperial Commands as over Scotland Ireland Man and other Isles being in a manner like that of an Earls now Neither is it found that any such thing as a Diadem was at all in use until the tune of Constantine the Great For before the distinction was some kind of Chaplet or rather a white silk Fillet about the Head which was an ordinary way to distinguish them And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first King that was crowned with this Imperial Crown floried and arched was Henry the Third but some say Henry the First and indeed it is left in dispute However it is very probable and plain That the ancientest Ensign of Regal Authority was the Scepter which is every where spoken of both in Scripture and Prophane History There is another Ensign of their Authority which is a Globe or Mound with a Cross which hath been in use amongst us ever since Edward the Confessor's time which is placed in the left hand as is seen in most of their Coyns The Cross denoting his Faith the Globe his Empire by Sea and Land as 't is said of Iustinian the Emperor who was the first that ever used it The Office of the King of England according to Fortescue Pugnare bella populi sui eos rectissime judicare to fight the Battels of his people and to see Right and Justice done unto them or more particularly as is promised at the Coronation to preserve the Rights and Priviledges of Holy Church the Royal Prerogatives belonging to the Crown the Laws and Customs of the
extraordinary great He only hath the patronage of all Bishopricks none can be chosen but by his Conge d'Esâ—ire whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal Cares as in the Three and twentieth year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and with the advice and consent thereof to make Canons Orders Ordinances and Consâ—itutions to introduce into the Church what Ceremonies he shall think sit to reâ—orm and correct all Heresies Schisms and pâ—nish Contempts c The King hath power not only to unite consolidate separate inlarge or contract the limits of any old Bishoprick or other Ecclesiastical Benefice But also by his Letters Patents may erect new Bishopricks as Henry the Eighth did Six at one time and the late King Charles the Martyr intended to do at St. Albans for the Honour of the first Martyr of England and for the contracting the too large extent of the Bishoprick of Lincoln In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non-Residency c. The Queen being much incensed forbade them to meddle in any Ecclesiastical Affairs for that it belonged to her prerogative His Majesty hath also power of Coynage of Money of pardoning all Criminals of dispensing with all Statutes made by him or his Predecessors which are Malum prohibitum and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Statute doth prohibit a man to coyn Money if he do he shall be hanged this is Malum prohibitum for before the said Statute it was lawful but not after and for this Evil the King may dispense But Malum in se neither the King nor any other can dispense with As if the King would give leave to rob on the High-ways c. this is void yet after the Fact done the King may pardon it So it is in Ecclesiastical Laws for conformity to the Liturgy c. which are Malum prohibitum and the King may by his Prerogative Royal as well dispense with all those penal Statutes as with Merchants to transport Silver Wooll and other prohibited Commodities by Act of Parliament The King cannot devest himself or his Successors of any part of his Royal Power Prerogative and Authority inherent and annext to the Crown nor bar his Heir of the Succession no not by Act of Parliament for such an Act is void by Law These Prerogatives do of right belong to the Crown of England which I have collected out of the most Authentick Modern Authors And to compleat this Chapter I shall proceed to his Superiority and Precedency The King of England acknowledgeth no Superior but God alone not the Emperor Omnem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio yet he giveth Precedency to the Emperor Eo quod antiquitate Imperium omnia regna superare creditur Touching our King's Supremacy before any other these Reasons are offered First Lucius King of this Land was the first Christian King in the World as also Constantine our Country-man the first Emperor that publickly planted Christianity Secondly The King of England is anoynted as no other King is but France Sicily and Ierusalem Thirdly He is crowned which honour the Kings of Spain Portugal Navarr and divers other Princes have not The honour of Precedency amongst Christian Kings is often disputed by their Ambassadors and Commissioners representative at General Councils Diets publick Treaties and other Honourable Assemblies at Coronations Congratulations in Foreign Countries c. which by the best Information I can get is thus stated As to England next to the Imperial Ministers the French take place as being the largest Realm in Christendom and most Noble since Charles le mayne their King obtained the Imperial Diadem the second place in the Western Empire was undisputably the right of our English Kings so enjoyed for hundreds of years 'till Spain grown rich and proud by the addition of the Indies claimed the priority yet could not gain it till their Charles the Fifth was Elected Emperor but after his Resignation the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Philip the Third King of Spain at â—oloign in France Anno 1600. Our Ambassadors were Sir Henry Nevil Iohn Harbert and Thomas Edmonds Esquires and for Spain Balthazer de Coniga Ferdinando Carillo Io. Ricardett and Lewis Varreyken The English challenged precedency as due to them before the Emperor Charles his time as doth appear by Volatteram in the time of our Henry the Seventh when the like difference being in question 't was joyntly referred to the Pope who adjudged to England the most Honourable place But the Spaniards refusing to stand to that old Award or to admit of an equality the Treaty of Peace broke up neither hath any certain Resolution been hitherto taken in the matter as ever I heard of OF THE PRINCE CHAP. III. THE King 's Eldest Son and Heir apparent from the Day of his Birth is entituled Prince of the Latin word quasi Principalis post Regem The first that we read of in England was Edward eldest Son to King Henry the Third since which time the eldest Son of the King hath been by Patent and other Ceremonies created Prince of Wales and Earl of Chester and Flint By Patent also Edward the Third in the Eleventh year of his Reign added the Dukedom of Cornwal to the Principality of Wales and Anno Regni 36. he makes his eldest Son Edward the Black Prince Prince of Aquitain for which he did Fealty and Homage at Westminster Sed tamen Principatum Walliae Ducatum Cornubiae Comitatum Cestriae Cantii non reliquit Walsing fol. 172. Since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but ordinarily Prince of Wales As eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth And so long as Normandy remained in the possession of the English he had always the style of Duke of Normandy At his Creation he is presented before the King in Princely Robes who putteth a Coronet upon his Head a Ring on his middle Finger a Verge of Gold in his Hand and his Letters Patents after they are reaâ— His Mantle which he wears in â—arliament is once more doubled upon the shoâ—â—â—â—rs than a Dukes his Cap of State indenteâ—â—nd his Coronet formerly of Crosses and Flower de lis mixed But since the happy Restauration of his Majesty it was solemnly ordered that the Son and Heir apparent
time but by a Statute made the Twelfth of Edward the First Wales was incorporated and united to England and became part thereof Also by another Statute made 27 Hen. 8. c. 24. a general resumption of many Liberties and Franchises heretofore granted or taken from the Crown as the Authority to pardon Treasons Murder Manslaughter and Felony also power to make Justices in Oyer Justices of Assize Justices of the Peace Goal deliveries and such like so that from thenceforth the King 's eldest Son hath only the Name and Style of Prince of Wales but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent may appear HENRY by the Grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Iustices Viscounts Governors Ministers and to all our Bayliffs and faithful Subjects Greeting Out of the Excellency of Royal Preheminence like leaves from the Sun so do inferior humours proceed neither doth the integrity of Royal Lustre and Brightness by the natural disposition of the Light affording Light feel any loss or detriment by such borrowed Lights yea the Royal Scepter is also much the more extolled and the Royal Throne exalted by how much the more Nobleness Preheminencies and Honours are under the power and command thereof And this worthy Consideration allureth and induceth us with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward in whom we behold and see our self to be honoured and our Royal House also and our people subject to us hoping by the grace of God by conjecture taken of his gracious future proceedings to be the more honourably strengthened that we may with honour prevent and with abundant grace prosecute him who in reputation of us is deemed the same with us Wherefore by the counsel and consent of the Prelates Dukes Earls Viscounts and Barons of our Kingdom being in our present Parliament We have made and created and by these Presents do make and create him the said Edward Prince of Wales and Earl of Chester And unto the same Edward do give and grant and by this Charter have confirmed the Name Style Title State Dignity and Honour of the said Principality and Connty that he may therein in Governing Rule and in Ruling direct and defend we say by a Garland upon his Head by a Ring of Gold upon his Finger and a Verge of Gold have according to the manner invested him to have and to hold to him and his Heirs the Kings of England for ever Wherefore we will and command for us and our Heirs that Edward our Son aforesaid shall have the Name Style Title State Dignity and Honour of the Principality of Wales and of the County of Chester aforesaid unto him and his Heirs the Kings of England for ever These being Witnesses the Reverend Father John Cardinal and Archbishop of Canterbury Primate of England our Chancellor and William Archbishop of York Primate of England Thomas Bishop of London John Bishop of Lincoln William Bishop of Norwich our most well beloved Cosins Richard Earl of Warwick Richard Earl of Salisbury John Earl of Wiltshire and our well beloved and faithful Ralph Cromwel Chamberlain of our House William Falconbridge and John Stourton Knights Dated at our Palace at Westminster the 15th day of March and in the year of our Reign 32. And here by the way may be observed That in ancient time and in the time of the English-Saxon Kings the use was as well in pennings of the Acts of Parliament as of the King's Letters Patents when any Lands Franchises or Hereditaments did pass from the King of any Estate of Inheritance as also in the Creations of any man unto Honour and Dignity the Conclusion was with the sign of the Cross in form aforesaid his testibus c. But long since that form hath been discontinued so that at this day and many years past the King's Patents for Lands Franchises and Hereditaments do conclude with Teste me ipso Nevertheless in all Creations of Honour and Dignity of Letters Patents the ancient form of concluding His testibus is used at this day And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince who is the Firstbegotten Son of the King and Heir apparent to the Crown for the time being perpetuis futuris temporibus be such Acts whereof the Judges and all the Realm must take Cognizance as of General Statutes For every Subject hath interest in the King and none of his Subjects who are within his Laws be divided from him being he is Head and Sovereign so that the business and things of the King do concern all the Realm and namely when it doth concern the Prince the Firstbegotten Son of the King and Heir apparent to the Crown Although the Prince by express words hath no priviledge by the Great Charter of the Forestâ— 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks passing by them and sent for by the King's Command yet the Prince is to take the benefit and advantage thereby as well as the Earls Bishops or Barons who are expressed Crompton's Courts des Iustices de Forest 167. In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament and other Assemblies was amongst other things made as followeth That no person or persons of what degree estate or condition soever his or they be of except only the King's Children shall at any time hereafter attempt to sit or have place on any side of the Cloth of Estate in the Parliament Chamber whether his Majesty be there personally present or absent The Prince shall not find Pledges for the prosecution of any Action and therefore shall not be amerced no more than the King or Queen should be The Prince is a distinct person from the King he is a Subject and holdeth his Principalities and Seigniories of the King and subject to the Law of the Land as a Subject And in token of the Prince's subjection he doth not upon his Posie in his Arms disdain the old Saxon words Ich Dieu I serve And there is a Case that Glascoine Chief Justice of England in the time of Henry the Fourth did commit the Prince who would have taken a Prisoner from their Bar in the King's Bench And the Prince did humbly submit himself and go at his Command And this did much rejoyce the King to see that he had a Judge so bold to administer Justice upon his Son and that he had a Son so gracious as to obey his Laws The Exercises befitting Princes whilst they are young are Chivalry and Feats of Arms and to adjoyn therewith the knowledge of the Law and God For it is the Duty and
Office of a King to fight the Battels of his people and rightly to judge them 1 Kings 8. And the Prophet David saith Be ye learned you that judge the Earth Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country which they in due time inherit they shall be much the more enabled to govern their Subjects and it is a point of Wisdom in such to acknowledge that Rex datur propter Regnum non Regnum propter Regem And to move the Princes to these things there is an excellent Book Dialogue-wise between a Prince a King's Son of this Realm and Sir Iohn Fortescue a Judge entituled De laudibus Legum Angliae Many that have been Heirs apparent to the Crown of England ever since the Norman Conquest have been taken away either by their natural deaths or by violence during the life of their Ancestors so that they have not attained to the Crown William the only Son of Henry the First was drowned in his passage from Normandy his Father reigning Eustace King Stephen's only Son died mad to the great grief of the King his Father William the eldest Son of King Henry the Second died in the Fourth year of his Age and in the Third year of his Fathers Reign King Henry the Second's Son called Curt-Mantel was in his Father's life time crowned King by the Name of King Henry the younger but died in the life time of his Father Geffrey the fourth Son of the said King died during the Reign of Richard Coeur de Leon his third Brother which King Richard had no Son and so Geffrey was Heir apparent to the Crown King Edward the First had Issue Iohn Henry and Alphons but all three died in their Childhood in their Father's life Edward the Black Prince of famous memory eldest Son to King Edward the Third died before his Father Richard the Third had Issue only one Son named Edward who died without Issue Arthur the eldest Son and Heir apparent to King Henry the Seventh died in the life time of his Father Henry Prince of Wales eldest Son to King Iames also left the World before his Father These Examples may serve as a Mirror for all succeeding Princes and others to see how transitory the Glory of this World is whereof the saying of the Princely Prophet David may never be out of remembrance Psal. 82. I have said ye are Gods and ye are all the Children of the most High but ye shall die like men and ye Princes like others Also divers other Heirs apparent and those that have been in possession of their Crowns have been defeated by Usurpers And namely Robert Duke of Normandy eldest Son to William the Conqueror was defeated of his Birth-right by his two younger Brethren William Rufus and Henry successively one after another and after Six and twenty years Imprisonment having both his Eyes put out died in the Reign of his Brother Henry Maud the sole Daughter of the said King Henry was defeated of her Birth-right to the Crown by Stephen the Son of her Fathers Sister Arthur the only Son and Heir of Geffrey the fourth Son to Henry the Second was next Heir to the Crown after the death of his Uncle Richard the first King of that Name who died without Issue his Father being dead before but his Uncle Iohn Son to the said Henry the Second defeated him not only of his right to the Kingdom but also of his Life and that by starving him King Edward the Second was deposed by his eldest Son who in the life time of his Father took upon him to be the King of England Richard the only Son to Edward the black Prince and next Heir to the Crown after the death of his Grandfather King Edward the Third was defeated both of his Crown and Life by Henry of Lancaster Son to Iohn of Gaunt who was but the fourth Son of King Edward the Third yea although Lionel the third Son of the said King Edward had Issue Philip his only Daughter who by consequence was next to the Crown before the Issue of Iohn of Gaunt which Philip was married to Edward Mortimer Earl of March from whom the House of York by the name of Edward the Fourth are lineally descended For William of Hatfield second Son to King Edward the Third died young without Issue King Henry the Sixth having but one Son named Edward he was slain in the life time of his Father and the King himself deposed by Edward the Fourth and murthered in the Tower So the Act of Parliament made between them for an indented Peace exemplified in our Books of Law Edward and Richard the two only Sons to Edward the Fourth after the descent of the Crown and before the Coronation of Prince Edward were both of them murthered in the Tower by their Uncle Richard Duke of Glocester who thereupon took upon him the Crown although there were remaining alive divers Daughters of the late King Edward the Fourth During these troublesome and tragical times each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament intending utterly to disable them and make them to be incapable by the Law of the Crown And it is a matter worthy of Observation how the Hand of God did not forget to pursue Revenge in these Cases for William Rufus died without Issue Henry his Brother had a Son and one Daughter but his Son died an Infant and his only Daughter Maud was defeated of her Birthright by Stephen King Iohn who defeated Arthur his Nephew of his Birthright and Life lived in continual Wars never enjoyed Peace but was driven to submit himself and subject his Kingdom to the Pope In his time Normandy which King William the First brought with him and which in five Descents continued in actual Obedience of the Kings of England was in the sixth year of his Reign lost until King Henry the Fifth recovered it again and left it to King Henry the Sixth who again lost it in the Eight and twentieth year of his Reign as doth appear both in our Chronicles and in our Books of Law Concerning the violence done to King Henry the Second albeit Edward his Son enjoyed a long and prosperous Reign yet his Successor King Richard was in the like violent manner imprisoned deprived and put to death King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by the means of Wars in France the humour against him was otherwise imployed But his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Eward died not without suspicion of poyson and after his death his two Sons were likewise
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
House generally twice a week and keep Courts â—or the negotiation of their Affairs The government of this Company for this present year 1678. is committed to the care of Sir Nathaniel Herne Kt. Governour Major Robert Thomson Deputy-Governour and to the Right Honourable George Lord Berkeley Sir Samuel Barnadiston Sir Iohn Banks Baronets Sir William Thomson Sir Stephen White Sir Iames Edwards Sir Iohn Moore Sir Iohn Lethulier Knights Iosia Child Iohn Iolliff Iohn Bathurst Col. Iohn Clarke Iames Houblon Samuel Moyer Charles Thorold Thomas Papillon Esquires Mr. Christopher Boone Mr. Thomas Canham Mr. Ioseph Herne Mr. Nathaniel Letton Mr. Iohn Page Mr. Edward Rudge Mr. Daniel Sheldon and Mr. Ieremy Sambrook Assistants The Levant or Turky Company of Merchants which by their Discovery made the first Trade into the Seigniory of Venice and then into the Dominions of the Grand Seignior and including the Trade of the East-Indies which as then was undiscovered to us by Sea their goods being brought upon Camels and Ass-negroes to Aleppo and other parts of Turky but since the discovery of the Indies by Sea the Trade of this Company is something eclipsed for those Commodities which are now brought us by the East-India Company The benefit that ariseth to this Nation from this Company besides the imploying so many Ships and Seamen is in the Exporting and Importing of so many rich Commodities and in particular Clothes both died and drest at the least thirty thousand pieces yearly Kersies Lead Tinn Iron Steel Wire Pewter Furrs pieces of Eight Sugar Hides Elephants-teeth Brasill red and white Lead Indico Logwood Couchaniel Callicoes Spices and several Indian Commodities And for these they Import raw Silks of Persia Damascus Tripoli c. also Camblets Grograins Grograin-yarn Mohairs of Angor Woolls Cottons Cotton-yarn of Smyrna and Cyprus Galls of Mosolo and Toccat the Coralls and Oyls of Zant Zeffalonia Morea c. the Drugs of Egypt and Arabia also Turky-Carpets Cordovants Box-wood Rhubarb Worm-seed Sena Cummin-seed with several other rich Commodities This worshipful Company of Merchants was first Incorporated in the Reign of Queen Elizabeth and since confirmed by her Successors and have ample Priviledges and Immunities granted unto them as making of Laws and Orders for the well government of the said Fellowship power of deciding Controversies which arise in the said Company as to their Trade giving Oaths imposing Fines or imprisoning of Offenders according to their discretion the using of a Publick Seal and the bearing of a Coat of Arms as is set forth in the Escocheon of Arms aforesaid And for the better management of the Affairs of this Honourable Company they are governed by a Governour Deputy-Governour and Court of Assistants consisting of 18 who in the Month of February are Annually chosen by a general Consent out of the Members of the said Company and these meet and keep Courts monthly weekly or as oft as their occasions require for the management of the concerns of the said Society as binding and making free electing and sending over Consuls Vice-Consuls Factors and Servants to Constantinople Smyrna Aleppo Cyprus and such places where their Factories are kept The management of the Affairs of this Honourable Company for this present year 1678. is committed to the care and prudent government of the Right Honourable George Lord Berkeley of Berkeley whose worthy parts and great love to Traffick makes him every way so fit for it that the Company for these several years past have by an unanimous consent elected his Lordship their Governour Iohn Buckworth Esq Deputy Mr. Iohn Harvey Treasurer Mr. Thomas Vernon Husband Sir Iohn Lethulier Kt. Charles Thorold Esq Iohn Morden Esq Mr. Thomas Pilkington Mr. Richard Poulter Mr. Henry Griffith Mr. Iohn Morice Mr. Richard Onslow Mr. Thomas Hartopp Mr. Walter Conventrey Mr. William Hedges Mr. Iasper Clotterbook Mr. Abraham Wessell Mr. Richard Nicol Mr. Bernard Saltonstall Mr. George Carew The Russia or Moscovy Company of Merchant Adventurers for discovery of new Trades was first Incorporated in the beginning of the Reign of King Philip and Queen Mary upon the Discoveries of Lands Territories Seigniories and Isles by Seas lying Northwards North-eastwards and North-westwards from England and was afterwards confirmed by Act of Parliament in the eighth year of the Reign of Queen Elizabeth so that now they enjoy several Immunities and Priviledges as to raise Arms for the subduing of Countreys in the limits aforesaid and to enter thereon and set up the English Standards to make Acts and Ordinances for the good of the said Society so as they are not repugnant to the Laws of the Kingdom to punish Offenders by Fine or Imprisonment to use a Common Seal to bear a Coat of Arms c. as is here depicted The Commodities that this Company Exporteth are woollen Clothes both died and dressed of all sorts Kersies Bayes Cottons Perpetuances Fustians Norwich Stuffs Lace Thread Lead Tinn Pewter Allom Copper much defective Wines and Fruits not fit to be spent in this Kingdom with most sorts of English Goods And for these and the like they Import Pot-ashes Tarr Cordage Cable-yarn Tallow Wax Isinglass several sorts of Hides in the Hair Goat-skins undrest Cordovants tan'd Hides Hogs-brissles raw Silk Linseed Slod Bever wooll and wombs several sorts of rich Furrs Seal-skins Rhuberb Castorum Agarick Train-oyl Flax Hemp Linen Caviare Salmon Stockfish Codfish c. This worshipful Company of Merchants is governed by a Governour four Consuls and Assistants consisting of four and twenty who on the first of March are Annually chosen out of the Members of the said Society and for this present Year 1677. the management thereof is committed to the care of Iohn Iolliff Esq Governour Sir Benjamin Ayloff Baronet Samuel Moyer Esq Charles Thorold Esq Mr. Charles Carill Consuls to Mr. Edward Bell Treasurer and to Iohn Gould Esq Mr. Daniel Edwards Mr. Benjamin Glanvile Mr. Iames Young Mr. Benjamin Colds Mr. George Grove Mr. Francis Pargiter Mr. George Carew Mr. Heritage Lenten Captain Gervase Lock Mr. Edward Grace Mr. Thomas Thursby Mr. Thomas Hancox Mr. Iohn Ashby Mr. Richard Adams Mr. Edward Davenport Mr. Thomas Hawes â— Mr. George Cooks Mr. Gilbert Ward Mr. Ioseph Wolfe Mr. Iohn Porter Mr. Iohn Osborne and Mr. Iohn Penning Assistants The Eastland Company first Incorporated in the Reign of Queen Elizabeth and confirmed by King Charles the Second and by their Charter have ample Immunities and Priviledges granted to them and as large a scope to traffick in including the Trade of the Kingdoms Dominions Dukedoms Countreys Cities and Towns of Norway Swedeland and Poland with the Territories of the said Kingdoms as also in Lettow Liffland and Pomerland from the River Odera Eastwards and likewise in the Isles of Findland Eoland and Berâ—tholine within the Sound The Commodities by this Company Exported are Woollen Clothes Perpetuances Kersies Serges Norwich Stuffs Cottons Lead Tinn Pewter Stockins Hats Gloves together with several Southern and Eastern Commodities as Sattins Silks Spices
to the Crown of England shall bear his Coronet of Crosses and Flower de lis with one Arch and in the midst a Ball and Cross as hath the Royal Diadem That his Royal Highness the Duke of York and all the immediate Sons and Brothers of the Kings of England shall use and bear their Coronets composed of Crosses and Flower de lis only But all their Sons respectively having the Title of Dukes shall bear and use their Coronets composed of Leaves only as the Coronets of Dukes not being of the Royal Blood Note That by Order not Creation our present King was admitted Prince of Wales had the Principality with the Earldom of Chester c. confirmed to him by Patent and was allowed to hold his Court apart from the Kings The Prince by the Common Law is reputed as the same Person with the King and so declared by Statute temp Hen. 8. The Civilians say the King 's eldest Son during his Fathers life may be styled King by the Law of Nations because of his so near Relation to the Crown that if the Father die he is ipso momento Rex though he be not crowned A usual custome in Spain and once allowed here to Henry Son of King Henry the Second yet he holdeth his Seigniories and Principalities of the King as Subject to him and giveth the same respect to him as other Subjects do He hath certain priviledges above other persons To him it was permitted by the Statute 24 Hen. 8. cap. 13. to wear Silk of the colour of Purple and cloth of Gold of Tissue in his Apparel or upon his Horse And by the Statute 24 Ed. 3. ca. 2. Takings shall not be from henceforth made by others than the Purveyors of the King of the Queen and of the Prince their eldest Son And that if any mans Purveyor make such takings it shall be done of them as of those that do without Warrant and the Deed adjudged as a thing done against the Peace and the Law of the Land and such as do not in manner aforesaid shall be duly punished To eschew Maintenance and nourish Peace and Amity in all parts of the Realm many Statutes have been made in the Reign of King Henry the Fourth prohibiting the giving of Signs or Liveries to any but Menials nevertheless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honourable Liveries or Sign to the Lords or to his Menial Gentlemen and that the same Lords may wear the same as if they were the King's Liveries and that the Menials of the Prince may also wear the same as the King's Menials But afterwards by occasion of divers other Statutes made by sundry Kings for the suppressing oâ— that enormity of Maintenance and of the general word in them that priviledge of the Prince was abridged or rather taken away therefore the Statute 12 Ed. 4. cap. 4. was made By the Statute 21 H. 8. cap. 13. the Prince may retain as many Chaplains as he pleaseth although all other of the Nobility except those of the Blood Royal are constrained to a certain number and they or any of them may purchase Licence and Dispensation and take and retain two Parsonages or Benefices with Cure of Souls By the Order of the Common Law the King may Levy a reasonable Ayd of all his Tenants as well of those that did hold their Lands of him by Knights Service as in Soccage pur faire fitz Chevalier pur File marrier and the sum of Money was not in certainty Note that the Ayd is not to be recovered before the Son be of the Age of Fifteen years and the Daughter accomplish the Age of Seven years Fitz. Natur. B. 28.6 But in the King's pleasure till by the Statute in the 25 Ed. 3. cap. 11. it was Enacted That for the Knighting his eldest Son and marrying his eldest Daughter as aforesaid the Ayd following shall be demanded and levied viz. of every Knight so holden of the King without mean 20 s. and no more and of every 20. l. of Land holden of the King without mean in Soccage 20 s. and no more And so after this rate for the Lands in Soccage and for Land in Tenure of Chivalry according to the quantity of the Fee By another Statute made in the said 25 th of Edward the Third cap. 2. amongst other things it is declared That to compass or imagine the death of the King 's eldest Son and Heir is Crimen laesae Majestatis or if a man do violate the Wife of the King 's eldest Son and Heir it is High Treason And so the Statute 26 Hen. 8. cap. 13. doth declate And so was the ancient Common Law of this Realm and not a new Law made by the Statute Coke 8. part 28. b. but this Statute is a Manifestation and Application of the ancient Common Law in this Case Because the people were in ambiguity Whether Children born in parts beyond the Sea and out of the King's Dominions should be able to demand any Inheritance within his said Dominions or not It was declared at a Parliament holden at Westminster in the Seventeenth of King Iames for the removing of those doubts That les Enfants du Roy the Children of the Kings of England in whatsoever parts they are born in are able and ought to bear the Inheritance after the death of their Ancestors Read the Statute in Coke's Seventh Part 8. a. where you shall see that though generally the Birth-place is observed yet many times Legiance and Obedience without any place in the King's Dominions may make a Subject born For we see by Experience almost in every Parliament that Ambassadors Merchants and the King's Souldiers do sue therein in such Cases to have their Children Naturalized or made Denisons And in the Articles confirmed by Parliament touching the Marriage between Philip King of Spain and Queen Mary Anno primo Parliamenti 2. cap. 2. a special Proviso was to bar him from being Tenant by the Courtesie of the Crown in case he should have Issue by her and survive which was superfluous because the Common Law would have denied it For this last point see the Lord Chancellor's Speech in the Case Postnati f. 36. But note If an Alien Enemy come into this Realm and his Wife English or Stanger be here delivered of a Child this Child notwithstanding his Birth-place is an Alien born for want of Allegiance in the Parents ibid. King Henry the Third did create Edward his eldest Son the first Prine of Wales and did give unto him the Dominion and Dignity thereof to be holden of him and his Heirs Kings of England And after that time the eldest Sons of the Kings of England have been Princes of Wales and as incident to the State and Dignity of a Prince did and might make Laws and Statutes and use Jurisdiction and Authority as amply as any King of that Nation could do for Wales was a Kingdom in ancient
King Edward And thirdly for the many Emperors Kings and Princes that have been admitted into the said Fraternity First I find it agreable to all Histories that 't was instituted by King Edward the Third Anno 1350. which was fifty years before the Instituting the French Order of St. Michael by Lewis the Eleventh Two hundred twenty nine years before Henry the Third devised the new Order of the Holy Ghost full Eighty years before the Order of the Golden Fleece was instituted by Philip the Good of Burgundy One hundred and ninety years before King Iames the Fifth refined the Order of St. Andrew in Scotland and about Two hundred and nine years before the Kings of Denmark begun the Order of the Elephant which gives it clearly the pre-eminency before other Orders in point of Antiquity For the occasion of the pristine Institution you must know King Edward the Third having engaged himself in a War with France for the obtaining of that Crown which descended on him in right of his Mother thought fit to allure to his party all such Gallant Spirits as were Friends to Bellona and to that end erected a Round Table in the Castle of Windsor in imitation of King Arthur's at Winchester where they were exercised at Tilts and Tournaments and Royally entertained with magnificent Feasts and other Princely Favours to engage them unto him But Philip of Vallois who was in actual possession of the Crown of France countermined him by erecting a like Table in his own Court whereby he drew away many from King Edward so that being disappointed in that Project and yet proving victorious in his Arms against France and Scotland at his Return he rewarded the most eminent of those Heroick Knights that had born the brunt of the Day and persevered in their Loyalty with this Noble Order which consisted of Six and twenty of which himself was one being all persons of choice Endowments of great renown in Chivalry and such as should be bound by Oath and Honour to adhere unto him And upon the death of any one of them the place was to be supplied by another elected by the King and his Successors who are Sovereigns of the said Order with the consent of the Fraternity but now the Election is at the entire pleasure of the King Therâ— are many Articles confirmed unto them to which all that are enstalled Subscribe besides the forementioned Oath viz. that whilst they shall be Fellows of the Order they will defend the Honour Quarrels Rights and Lordships of the Sovereign that they will endeavour to preserve the Honour of the said Order and all the Statutes made for the same without fraud or covin Quinam perjurati It is also esteemed most Honourable there having been more Emperors Kings and Foreign Princes of this one Order than of all others in a manner in the World which Honour is obtained by keeping precisely to the primitive Number never exceeding Six and twenty whereas all others of this kind have been so frankly communicated unto all pretenders that at last they lost their lustre and esteem in the World Of this Order there hath been no less than eight Emperors seven Kings of Portugal two Kings of Scots before the Union five Kings of Denmark three of Naples one of Poland and two of Sueden besides many Foreign Sovereign Princes of Italy Germany c. The Order and Institution being Honourable and by many Learned Pens sufficiently cleared from the envy of Froysart and other French men as also from the folly of Polydore Virgil who favours the Romantick Story of the fair Countess of Salisbury who being a dancing with the said King Edward let fall her Garter which the King took up and tied about his Leg at which the Queen being jealous he gave this Motto Honi sort qui mal y pense that is Evil be to him that evil thinks The Patron of this Order is St. George a Man of great Renown for Chivalry he suffered Martyrdom at Lydda under Dioclesian saith Mr. Selden supposed by Dr. Helyn to have been martyrred at Nicomedia the principal Seat then of the Eastern Empire and by others at Diosprilia or Lyddea in Palestine where he is said to be interred whose Fame was so great in the World that many Temples and Monasteries were dedicated to him in the Eastern Countries from whence his esteem came into England who celebrated to his memory the Three and twentieth of April with the rest of the Universal Church But how long he has been honoured as Patron and Protector of England is disputable Mr. Selden concludes before the Conquest And 't is no marvel saith he that so warlike a people should make choice of such a Souldier-Saint known by the particular name of Tropheophorus of greater eminency in both the Eastern and Western Churches than any other Souldier-Saint To this Tutelary Saint or Patron of Martial men King Edward commends himself and his Companions called The Knights of St. George And having both beautified and enlarged his Castle at Windsor to be the Royal Seat of this Order he caused a solemn Proclamation to be made in France Spain c. to invite all Military Spirits to attend those Tilts and Tournaments which were intended to be kept not only on St. George's day then next ensuing which was designed for the day of Institution but for fifteen days before and as many after and that the memory of St. George might be still continued he gave them for a part of their daily Habit the Image of St. George encountring with the Dragon or Devil inchased with Pearls and precious Stones appendant to a blue Ribon continually to be worn about their necks As for the Habit of this Order besides the George and Ribon before mentioned and a Garter enamelled with Gold Pearl and precious Stones with the Motto Honi soit qui mal y pense embroydered upon it which is fastned about the left Leg with a buckle of Gold from whence they were called Knights of the Garter and without these two Ornaments none of these Knights are to appear in publique There also properly belongs to this Order a Cassock of crimson Velvet and a Mantle and Hood of purple Velvet lined with white Sarsnet on the left shoulder whereof is an Escocheon of St. George embroidered with a Garter within the Motto The Escocheon is Argent a Cross Gules But these to be worn only upon St. George's day and when it shall please the Sovereign to celebrate the Ceremonies of the Installations To each Knight belongs a Collar of the Order made of pure Gold weighing thirty Ounces of Troy weight composed of Garters and Roses enamelled with Roses red and white and since the coming of King Iames there hath been an intermixture of Thistles the Image of St. George enriched with precious Stones appendant to it to be worn over all the Robes at St. George's Feast and over their ordinary Cloaks upon all such days on which the Sovereign is bound
Ceremony ended Of Degrading of Knights DEgrading of Knights is not very customary Examples being seldom found it being used only for great and notable Facts and Offences against Loyalty and Honour as absenting themselves dishonourably from their King's Service for leaving their Colours and flying to the Enemy for betraying Castles Forts and the like hainous Crimes The manner of Degrading a Knight hath been as followeth When a Knight had been found thus disloyal or corrupt he was to be apprehended and armed Cap-a-pe as if he was going to the Wars was to be placed upon a high Scaffold made for that purpose in the Church and after the Priest had sung some Funeral Psalms as are used at Burials as though he had been dead first they take of his Helmet to shew his face and so by Degrees his whole Armour then the Heralds proclaiming him a disloyal Miscreant with many other Ceremonies to declare him Ignoble he was thrown down the Stage with a Rope and this was done about the time of King Arthur as is affirmed by Mills fol. 84. Also about the Degrading of Knights these things have also been used as the reversing their Coat of Arms by seizing of their Equipage except one Horse ne qui dignitate fâ—ctus est eques cogatur pedes incedere bâ— cutting of the Spurs from their Heels and by taking away their Sword and breaking it But of late the Martial Law is usually put in Execution both in our Civil Wars as in France and elsewhere that is to dispatch such trayterous persons by a File of Musquetiers KNIGHTS OF THE Round Table CHAP. XXII THE Founder of this ancient Order of Knighthood was Arthur King of the Britains who reigned about the year of Christ 516. whose Valour was so great and admirable that many now living do believe the same rather fabulous than real This Noble King having as Sir William Segar noteth driven out of England the Saxons conquered Norway Scotland and the greatest part of France where at Paris he was crowned and returning home lived in such great Renown that many Princes and worthy Knights came from all Parts to his Court to give Evidence of their Valour in the Exercise of Arms. Upon this he erected a Fraternity of Knights which consisted as some say of Four and twenty others a greater Number amongst whom he himself was Chief And for the avoiding of Controversies for taking place when they met together he caused a Round Table to be made from whence they took their Name which said Table if you will believe the Inhabitants of Winchester hangs up in their Castle where they used to meet and the time of their meeting was at Whitsontide Into this Society none were admitted whether Britains or Strangers but such as did make sufficient proof of their Prowess and Dexterity in Arms and such as were Renowned for their Vertue and Valour The Articles which they vowed to keep were To be always well armed both for Horse or Foot Service either by Land or Sea and to be always ready to assail Tyrants and Oppressors To protect and defend Widows Maidens and Children and to relieve all that are in necessity To maintain the Christian Faith contribute their Aid to Holy Church and to protect Pilgrims To advance Honour and suppress Vice To bury Souldiers that wanted Sepulchres To ransom Captives deliver Prisoners and administer to the cure of wounded Souldiers hurt in the Service of their Country To Record all Noble Enterprizes to the end that the Fame thereof may ever live to their Honour and the Renown of the Noble Order That upon any complaint made to the King of Injury or Oppression one of these Knights whom the King should appoint was to Revenge the same If any Foreign Knight came to Court with desire to shew his Prowess these Knights ought to be ready in Arms to answer him If any Lady Gentlewoman or other oppressed or injured person did present a Petition declaring the same whether the Injury was done here or beyond Sea he or she should be graciously heard and without delay one or more Knights should be sent to make Revenge And that every Knight for the advancement of Chivalry should be ready to inform young Lords and Gentlemen in the Orders and Exercises of Arms. For what I can find there was no Robe or Habit prescribed unto these Knights nor can I find with what Ceremony they were made neither what Officers did belong unto the said Order except a Register to record all their Noble Enterprizes Not to pass over this Noble Arthur give me leave to repeat what I find mentioned of him by Sir William Segar in the said Chapter This valiant Prince not confining himself to the narrow limits of his own Kingdom left the Government thereof to the management of his Cosin Mordred and began his Journey or rather Conquest for in all places he found Fortune to favour him And after his many Victories gained of the Saxons Scots Norwegians Romans Saracens and French in the end being laden with Honour he returned into England but found Mordred a Traitor as usurping the Government and obstructing his Landing But all that he could do was in vain for being landed he fled to London but the Citizens refusing to give him Entrance he went into Cornwall where King Arthur gave him Battel which proved unfortunate to them both for Mordred was slain by King Arthur who was also desperately wounded and after this wound as some say he was never found alive or dead which made the Poets to feign that he was taken up into the Firmament and there remaineth a Star amongst the Nine Worthies Which phansie is founded upon the Prophesie of old Merlin which was his Counsel and esteemed as a Prophet who for many years before affirmed That King Arthur after a certain time should resuscitate and come unto Carlion to restore the Round Table He wrote this Epitaph Hic jacet Arturus Rex quondam rexque futurus According to Andrew Favin there was an Order of Knighthood called Knights of St. Thomas which was instituted by King Richard the First after the surprisal of the City of Acon and consisted of all English men Their Patron was St. Thomas Becket their Garment was white and their Ensign was a red Cross charged in the midst with a white Escallop But A. Mendo believeth that these Knights were rather some of those which joyned themselves with the Knights Hospitallers for that they wore the same Habit followed the same Rule and observed the same Customes as did the Knights of St. Iohn of Acon KNIGHTS OF THE THISTLE OR OF St. Andrew in Scotland CHAP. XXIII HVNGVS King of the Picts the Night before the Battel that was fought betwixt him and Athelstan King of England saw in the Skie a bright Cross in fashion of that whereon St. Andrew suffered Martyrdom and the day proving successful unto Hungus in memorial of the said Apparition which did presage so happy an Omen the Picts and
Palace a Prison Mint Armory Wardrobe and Artillery its Guild-hall where the Lord Mayor and Court of Aldermen meet about the concerns of the City and where their Courts of Judicature are kept its Halls for the several Companies its Colledges and Free-Schools its Hospitals and Alms-houses its Theatres Tennis-Courts and places of Recreation and its great plenty of all sorts of Provision which its Shambles and Markets are stored with it may be deservedly styled the Mistress of the World It s Government This famous City when under the Government of the Britains Romans and Saxons was destroyed by the Danes but AElfred King of the West-Saxons having reduced the whole Land to one Monarchy repaired and re-peopled it and committed the custody thereof to his Son in Law Alhered Earl of Mercia after whose decease it returned to King Edward sirnamed the Elder who had it governed under him by Port-Graves or Port-Reves which in divers Records are styled Vicecomites Viscounties or Sheriffs In the first of King Richard the first the Citizens obtained to be governed by two Bailiffs or Sheriffs and afterwards obtained to have a Mayor for their principal Magistrate the first of which was Henry Fitz-Alwyn a Draper who was constituted and so continued four and twenty years The City within the Walls and Freedom thereof is divided into six and twenty Wards and the government thereof committed to the care of as many grave Citizens of good repute and quality which are Aldermen each of which having the overseeing of his respective Ward And besides these Aldermen there are two Sheriffs which are annually chosen as also a Lord Mayor who according to his degree and seigniority of being Alderman after Sheriff is by the consent of the Citizens that is the Livery-men of each Company yearly elected and these are clothed in Scarlet Gowns and wear Gold Chains and as Coadjutors every Alderman hath his Deputy of the Ward as also Common-Councel-men This City by their Charter hath ample and large Priviledges and Immunities granted unto it which hath been confirmed and enlarged by most of our Kings and Queens as the making of Acts and Ordinances for the regulation and better government of the several Incorporated Companies and the Members thereof so as they are not repugnant to the Law of the Nation and detriment of the King they have also the power of keeping of Courts holding Pleas Assizes and Goal Delivery with the punishment of Offenders by Fine Imprisonment or Death as occasion requireth The Citizens are not constrained to go out of the said City to warr without an emergent occasion to suppress a Foreign Invasion they may pass Toll-free throughout all England they have a Common Seal and Armorial Ensigns of Honour and for Recreation have Free-warren or Liberty to hunt about the said City with many other Immunities too tedious to set down Courts appropriate to the City The Hustings is a Court of great Antiquity and Concern being to preserve the Rights Laws Franchises Customs and Dignities of the said City and is kept by the Lord Mayor and Aldermen every Tuesday The Court of Requests or Conscience the Judges whereof are some of the Common-Councel-men who are monthly chosen by the Lord Mayor and Aldermen and sit twice every week to hear and determine all matters brought before them betwixt Freemen where the just Debt or Dammage doth not exceed forty shillings for the proof of which the Plaintiffs Oath is sufficient for them to award the Defendant to pay the same either by present or weekly payment as the said Judges shall think fit which sentence cannot be avoided for it is to be presum'd that no man especially of some repute which is to be considered of will forswear himself for so small a sum of money The Lord Mayor's Court being an ancient Court of Record held every Tuesday and Thursday by the Mayor and Aldermen and is to redress and correct the errors and defaults which happen in the Government of the City and indeed taketh cognizance of all matters wich concern the City for Receipts and Payments of money the granting Leases purchasing of Lands building and repairing of Houses and the like and appointing their several Officers to look after the same The two Sheriffs Courts â— one for each Compter is on Wednesdays and Fridays for Trials for Woodstreet Compter and on Thursdays and Saturdays for the Poultrey Compter and each Court hath its Judge which is a Lawyer of good repute for the hearing and trial of all Actions brought before them but if the Action brought be above 5 l. it may be by the Defendant removed to a higher Court. And to these Courts belong four Counsellors eight Attorneys besides Secondaries Clerks Keepers of the Compters sixteen Sergeants and their Yeomen with other Sub-Officers The Court of Orphans which medleth with the Estates of deceased Citizens to provide for the Orphans until they come to Age and to see that an equal division of the Estate be made the City being their Guardians The Court of Common-Councel much resembling the High Court of Parliament consisting of the Lord Mayor and Court of Aldermen which may be termed the Higher House and the Common-Councel the Lower House and these make and constitute Laws and Acts as aforesaid which are binding to the Inhabitants The Court of the Chamberlain for the binding and making free Apprentices and for the reforming grievances betwixt the Master and the Apprentice and this is an Office of great Trust and of such Power that no Apprentice if not sworn by him can set up and open Shop and those that disobey his Summons he hath power to Imprison or Fine This Office is at present committed to the care of Sir Thomas Player Kt. a Person every way fit for so great a Trust. The Courts of the Coroner and Escheater which doth belong to the Lord Mayor The Court of Policies and Assurances for Merchants The Court of Halmote which is kept by the Master Wardens and Court of Assistance of every Company generally every month The Court of Wardmote or Wardmote Inquest for the whole City being divided into six and twenty Wards every Ward having such an Inquest consisting of about twelve or sixteen of the Inhabitants thereof who meet at every Christmass time and enquire after the Disorders and Abuses of Tradesmen in their Weights Measures and the like and according to their Misdemeanours they make their Presentments The Sessions of Oyer and Terminer and Goal Delivery of Newgate for the City of London and County of Middlesex holden every month at Iustice-hall in the Old Baily for the trial of Felons the Lord Mayor being cheif Judge and hath power of Reprieving The Court for the conservation of the Water and Rivers of Thames and Medway The Court of the Tower held within the Verge of the City before the Steward by Prescription of Debt Trespass and other Actions There is no Magistrate in Europe that liveth in greater state and hath more power than the
c. and the Commodities by them â—mported are Deals Masts Timber Oars Balks Clapboards Bom-spars Cant-spars Pipe-staves Wainscot and Quarters Flax Hemp Linen-cloth Fustians Cordage Cable-yarn Pitch Tarr Tallow Hides Pot-ashes Wheat Rye Iron Lattin Copper Steel Wire Quicksilver rich Furrs Buck-skins Train-oyl Sturgeon Stock-fish Mather with several other good Commodities For the management of the Affairs of this worshipful Company they are governed by a Governour Deputy-Governour and Court of Assistants consisting of four and twenty who are yearly elected out of the Members of the said Society in the month of October and keep their Courts for the management of the concerns of the said Company as others do having also large Immunities granted unto them The present Governour for this Year 1678. is Sir Richard Chiverton Kt. Governour Francis Asty Esq Deputy-Governour Randolph Knipe Treasurer Sir Benjamin Ayloffe Edward Bilton Senior Esq Iohn Dogget Esq Nathaniel Tench Esq Peter Rich Esq Mr. Thomas Canham Mr. Henry Moody Mr. Edw. Bilton Junior Mr. Samuel Feake Mr. William Rivett Mr. Hugh Vpton Mr. William Nutt Mr. William Cooper Mr. Iohn Mathews Mr. Oliver Westland Mr. Edward Harwell Mr. Abraham Wessel Mr. Ioseph Martin Mr. Thomas Philpe Mr. Thomas Warren Mr. William Taylor and Mr. Iohn Sayer Assistants The Royal Affrican Company of England was by his Majesties great prudence and care for the general good of this Nation and of his Foreign Dominions and Plantations erected into a Company and is likely to prove the most beneficial Trade that belongs to his Crown as well by the Commodities Exported and Imported as by the Negro Trade The Goods of English growth Exported are Sayes Perpetuances Broad-clothes Welsh-plains and other Woollen Manufactures in great abundance besides quantities of other English Goods and Stuffs the large consumption whereof doth not only enable the Tenant the better to pay his Rent and maintain his Family but also sets many thousands of poor people at work in making dying and dressing of these Stuffs and Clothes And together with these Goods of English growth are also sent vast quantities of Foreign Goods chiefly imported by our East-India Company by which his Majesties Customes the wealth of his People and the Navigation of this Kingdom are much encreased The Foreign Commodities Imported are Gold Elephants-teeth Wax Hides and other Commodities almost all as good as gold And as to the benefit of the Negro Trade it is such that by it all the American Plantations are yearly furnished with great quantities of Slaves not elsewhere to be had by whose labour and the Planters industry the King and his People are very much enriched The bounds of this Companies Trade are large viz. from Sally in South-Barbary to Cape Bona Esperanza inclusive The Voyage out and home is short usually within the compass of a year Many ships and seamen are constantly employed in the Companies Service who for the securing their Trade have at a very great expence erected several Forts and Factories all along the Coast of Guiny without which the Trade cannot possibly be preserved to this Nation and for that very reason this Trade cannot be managed but by a Company and a joynt Stock for no private person will undergo the Charge of Forts and Factories abroad besides such as Venture one Voyage and perhaps no more do usually consult the cheapest way in their Exports and will not have that care to send so good and merchantable Commodities as a Company who are constantly to trade thither will who are obliged so to do as well for supporting the credit of their trade as for bringing our English Manufactures into a better reputation than those of our Neighbours which this Company hath really effected in several Commodities formerly bought in Holland as Sayes Muskets Knives c. being now all Exported of our own make And of this difference in and between the Commodities send by the Company and those sent by private Traders the Natives of Guiny who are a sagacious people are very sensible by the ill-dealings they have met with in that kind from some private Traders which hath been a thing very disadvantageous to our English Manufactures and Trade but these miâ—chiefs have been removed ever since his Majesties settling the Trade in a Company with prohibition to all such interloping Traders This Company consisteth of a Governour who is his Royal Highness Iames Duke of York the very life of the said Company under his Sacred Majesty a Sub-Governour Deputy-Governour and a generality mixt of divers Noblemen honourable Persons and eminent Merchants to the number of about two hundred out of which are Annually chosen by Vote at a general Court four and twenty Assistants of whom any six with the Governour Sub-Governour or Deputy-Governour make a Court which by their Charter dated Sept. 27. 1672. is called a Court of Assistants and impowered for the well ordering and governing of the Affairs of the said Company subject nevertheless to a general Court when occasion requireth The management of the Affairs of this Honourable Company for this Year 1678. is committed to the prudent care and government of his Royal Highness Governour Sir Gabriel Roberts Sub-Governour Benjamin Newland Esq Deputy-Governour Twenty four Assistants viz. Sir Iohn Banks Knight and Baronet Sir Thomas Bludworth Knight and Alderman Mr. Benjamin Bathurst William Earl of Craven Sir Peter Colleton Knight and Baronet Mr. Roger Chappel Mr. Samuel Dashwood Thomas Lord Viscount Fauconberg Edward Hopegood Esq Mr. Peter Ioy Sir Andrew King Mr. Iohn Mead Sir Iohn Mathews Mr. Nicholas Mead Mr. Thomas Nichols Lawrence du Puy Esq Mr. Peter Proby William Roberts Esq Mr. Edward Rudge Col. Iohn Searle Mr. Benjamin Skutt Sir William Turner Knight and Alderman Mr. Thomas Vernon Mr. William Warren The Coat of Arms and Motto belonging to this Company is also depicted in the Plate of Arms of the Companies of Merchants This worshipful Company as indeed all others are is governed by a Master Wardens and Court of Assistants Thus having briefly treated of the City of London the Metropolis of the Kingdom with some of the chief Incorporated Companies our next business shall be to treat of the Cities in England with the principal places or Shire-Towns in every County CHAP. II. Treats of the Cities of England with the Shire or chief Town Corporate in each County and first with Berkshire ELY a City of more antiquity than beauty being but meanly built nor well inhabited or frequented and would be farr less were it not the See of a Bishop It is a place that enjoyeth ample Immunities for in the Isle of Ely the Bishop hath all the Rights of a County Palatine and beareth chief sway therein and appointeth his Bailiff and other Officers WELLS another City in Somersetshire of no large extent but well inhabited and of good account being the See of a Bishop under whose Jurisdiction is that of Bath Its buildings are fair and good its Cathedral a stately Pile of building adjoyning to which
Empire are maintained Thus is Poland preserved from the power of the Turk and by this very way were our Kings anciently guarded their Castles defended their Forces for Conquest as well as Defence mustered up viz. by Knights Service as our Histories and Law Books sufficiently demonstrate Of Captains General Marshals and other chief Commanders AN Army may be provided a Navy rigged manned and equipped but the chief and most difficult task is to find a Generalissimo worthy of Command one upon whose Conduct the hope of the War depends I mean not in the force of his Person but in his Knowledge in Military Affairs in his Magnanimity which comprehends the four Cardinal Vertues viz. Prudence Justice Temperance and Fortitude in his Authority and in his Disposition to engage the Affections of his Souldiers without which they will hardly be brought to do him Honour nor their King and Country good Service as might be demonstrated by several Examples were it convenient It behoveth a General not only to Conduct his Army but carefully to provide for them Provisions as well as Ammunition and to shew himself prudent patient cautious and liberal unto them indeavouring to gain by love what he might command from them by power And this made Homer to call Agamemnon a Pastor of People because he carefully looked after the safety of his Army Theodosius the Emperor did not command the meanest of his Souldiers to do any thing but that he himself would sometimes do And Antonius did sometimes march on foot and carry in his Hand the general Ensign of the Army which was very ponderous to shew that his Souldiers should not refuse to undergo any Labour that should be required from them Amongst the many good properties required in a General nothing is more commendable than Liberality and on the contrary Covetousness as much detestable for hard it is to attend the Affairs of War and be overmuch in love with Money Yet that Commander who with Honor and good Conscience can attain to Wealth is not to be disliked for thereby he may upon an emergent occasion supply the wants of a necessitated Army And that General is most to be esteemed who as a Souldier knoweth how to offend his Enemy to govern his own Forces patiently to suffer want and to endure labour heat and cold For sometimes it is found that he who hath Authority to command wanteth another to command him for want of true knowledge of those things that belong unto his Office for it is more difficult for a General or Commander to know what belongeth unto him than to execute the Office of that place seeing that Skill must precede Action and use go before Commandment It is expedient for all Princes and Commanders to be well read in Histories and principally those that concern the Actions of their Ancestors And this as some believe caused King Edward the Third when he made War against Robert the Second King of Scots to order a certain Monk to attend him in that Expedition to write down all the Actions of that Enterprize Mahomet the Second Emperour of the Turks endeavoured much to know the Histories of his Predecessors and gave liberally unto one Iohn Maria of Vincenza to write the Victories he obtained against Vssancassan King of Persia. Much more praise and honour is due unto those Commanders that by long Service and due degrees of War have deserved the Titles appertaining unto Arms and bear about them the Scars and Marks of true Valour A General of Horse according to Plato ought to be made by the consent of the whole Army The Praefecti or great Commanders were elected by those Souldiers that bare Targets The Tribuni militum had their advancement by the voice of Men at Arms and other Captains or Commanders of a lower quality were chosen by the chief General And that Person that in Service was most painful in Actions most industrious in Perils most resolute in Counsel most provident and in Execution most quick was by the Chieftains elected for their Emperor Leo the Emperor in his Book entituled The Preparation for War speaking of the Election of a General saith That to know the generosity of a Horse or a Dog we have regard to his proper Operations rather than to the Dam or Sire which begot him even so the Nobleness of a Man ought to be considered by his proper Valour and Vertue and not by the Blood of those that brought him into the World neither of the Glory of his Ancestors which oft-times degenerates I confess to aim more at the Nobleness of the Blood than at the necessary Vertues of the Person chosen is a dangerous Error in time of Action and proved fatal to Phocas the Emperor when he sent his Nephew Manicel against the Sarazens being a young Man of no Experience yet stubborn in his Resolves who contrary to the Vote of his Council of War followed his Enemy till he was drawn by them into certain Streights and hemmed in and the most part of his Army slain Fazelli lib. 6. Dec. 2. Hist. Sicili A Charge of so grand an Import ought therefore to be bestowed upon a worthy Person whose Vertues have been tryed in times of trouble one if to be found whose conduct hath been crowned with Success The Commander whose Helmet hath been usually canopied with the Plumes of Victory will not quickly be forsaken of his Souldiers in the uttermost Extremity they still expecting the same Fortune should attend him as Iulius Caesar oftentimes experienced nor is it an easie task to engage an Enemy against him upon equal terms An experienced liberal and tender affectionative General to his Souldiers is then the Man and the more Illustrious by Birth the better Equality causing Emulation which some convert to envy and that oftentimes ends in inveterate Malice Never have we been more fortunate than in our Royal Armies when we have had a King or an Heir Apparent to the Crown the Head thereof witness our Victories in Palestine and Cyprus under King Richard our many victorious Henries and Edwards the Battels of Cressey Poictiers and Agincourt our grand Victory at Sea in the Dutch War under the Conduct of his Royal Highness Iames Duke of York Nor are we at present destitute of Captains of the Blood Royal which are endowed with all Virtues and Princely Qualities requisite for so great Imploy Let me but mention his Royal Highness the Duke of York and all Christendome will second me to his eternal Fame that neither Alexander Caesar nor any other old Captains shewed greater Courage or Skill passed through greater perils by Land or Sea than he hath done nor is there any Person in Europe that can justly dispute for Glory with him or whose Life hath been so illustrious Let us but consider How that at Twenty years of Age he had traced most part of Christendome to encounter glorious Actions that since he has been engaged in all sorts of Combats wherein he hath been Conqueror
Realm to do Justice shew Mercy keep Peace and Unity c. The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations by the Common Law of England or by Statutes The Regalia were anciently called Sacra Sacrorum as his Lands are called in Law Patrimoniâ—â— Sâ—câ—â—â— now commonly Royal Prerogaâ—ives The King being Principium Capâ—â— â—inis Parliâ—menti may of his meer will and pleasure Convoke Adjourn Remove and Dissolve Parliaments He may to any Bill that is passed by both Houses of Parliament refuse to give his Royal Assent without rendring a Reason and without his Assent a Bill is as a â—ody without a Soul He may at his pleasure encrease the number of the Members of both Houses by creating more Peers of the Realm and besâ—owing priviledges upon any other Towns to send Burgelles by Writ to Parliament and he may refuse to send his Writ to some others that have sate in former Parliaments He hath alone the choice and nomination of all Commanders and Officers for Land and Sea-service the choice and election of all Magistrates Counsellors and Officers of State of all Bishops and other Ecclesiastick Dignities also the bestowing and conferring of Honours and the power of determining Rewards and Punishments By Letters Patent his Majesty may erect new Counties Universities Bishopricks Cities Boroughs Colledges Hospitals Schools Fairs Markets Courts of Judicature Forests Chases Free Warrens c. The King by his Prerogative hath power to enfranchise an Alien and make him a Denison whereby he is enabled to purchase Lands and Houses and to bear Offices He hath the power to grant Letters of Mart or Reprisal to grant safe Conducts c. He hath at all times had the right of Purveyance or Preemption of all sorts of Victuals within the Verge viz. Twelve miles round of the Court and to take Horses Carts Ships or Boats for the Carriage of his Goods at reasonable rates Also by Proclamation to set reasonable rates and prices upon Flesh Fish Fowl Oats Hay c. sold within the limits of the Verge of the Court in the time of his Progress Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and until the King's Debts be satisfied he may protect the Debtor from the Arrest of other Creditors He may disâ—rein for the whole Rent upon one Tenant that holdeth not the whole Land He may require the Ancestors Debt of the Heir though not especially bound He is not obliged to demand his Rent according to the Custome of Landlords He may distrein where he pleaseth and sue in any of his Courts No Proclamation can be made but by the King No protection for a Defendant to obstruct the course of the Law against him if he be not one of his Majesties Menial Servants In case of loss by Fire or otherwise his Majesty granteth Patents to receive the Charitable Benevolences of the people No Forest Chase or Park to be made nor Castle Fort or Tower to be built without his Majesties especial Licence Where the King hath granted a Fair with Toll to be paid yet his Goods shall be there exempted from the said Duties of Toll His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance as Sheriff Constable Church-warden or the like All Receivers of Money for the King or Accomptants to him for any of his Revenues their Persons Lands Goods Heirs Executors and Administrators are at all times chargeable for the same for Nullum tempus occurrit Regi His Debtor hath a kind of Prerogative Remedy by a Quo minus in the Exchequer against all other Debtors or against whom they have any cause of personal Action supposing that he is thereby disabled to pay the King and in this Suit the King's Debtor being Plaintiff hath some priviledges above others In doubtful Cases semper praesumitur pro Rege no Statute restraineth the King except he be especially named therein The quality of his Person alters the descent of Gavelkind the Rules of joynt Tenancy No Estoppel can bind him nor Judgment final in a Writ of Right Judgments entred against the King's Title are entred with Salvo Iure Domini Regis That if at any time the King's Counsel at Law can make out his Title better that Jugment shall not prejudice him which is not permitted the Subject The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years and to marry his eldest Daughter at the Age of Seven years which Ayd is 20 s. for every Knights Fee and as much for every 20 l. per annum in Soccage Moreover if the King be taken prisoner Ayd-money is to be paid by the Subjects for his Redemption The King upon reasonable Causes him thereunto moving may protect any of his Subjects from Suits of Law c. In all Cases where the King is party his Officers with an Arrest by force of a Process at Law may enter and if any entrance be denied may break open the House of any man by force A Benefice or Spiritual Living is not full against the King by Institution only without Induction although it be so against a Subject None but the King can hold Plea of false Judgments in the Courts of his Tenants The King by his Prerogative is Summus Regui Custos and hath the Custody of the Persons and Estates of such as for want of understanding cannot govern themselves or serve the King that of Ideots to his own use and that of Lunaticks to the use of the next Heir So the Custody or Wardships of all such Infants whose Ancestors held their Lands by Tenure in Capite or Knights Service were ever since the Conquest in the King to the great honour and benefit of the King and Kingdom But abuses which too often happened made the people complain thereof which was the cause of its laying aside His Majesty is Vlâ—imus Haeres Regni and is as the great Ocean is of small Rivers the Receptacle of all Estates for want of Heirs or by Forfeiture Revert or Escheat to the King All Spiritual Benefices for want of presentation in due time by the Bishop are elapsed to the King All Treasure Trove that is Money or Gold and Silver plate or Bullion found and the owners unknown belongs to the King So doth all Waifs Strays Wrecks not granted away by him or any former Kings All waste Ground or Land recovered from the Sea All Lands of Aliens dying before Naturalization or Denization and all other things whereof the property is not known All Gold and Silver Mines in whose Ground soever they are found Royal Fish as Whales Sturgeons Dolphins c. Royal Fowl as Swans not mark't and swimming at Liberty on the River belong to the King In the Church the King's prerogative and power is
Hen. 1. fol. 3. and so doth Vlpian the Civilian determine And this is one of the three Reasons alledged wherefore by the policy of our Law the King is a Body Politick thereby to avoid the attainder of him that had right to the Crown Coke's seventh part 12. a. lest in the interim there should be an interregnum which the Law will not suffer because of the manifold Incumbrances thereof For it hath been clearly resolved by all the Judges of the Land That presently by the descent of the Crown the next Heir is compleatly and absolutely King without any essential Ceremony or Act to be done ex postfacto And that Coronation is but a Royal Ornament and outward Solemnization of the Descent And this appeareth evidently by abundance of Presidents and Book-Cases Let us take one or two Examples in a Case so clear for all King Henry the Sixth was not crowned till the Eighth year of his Reign and yet divers men before his Coronation were attainted of Treason Felony and the like Crimes and he was as absolute and compleat a King for matters of Judicature Grants c. before his Coronation as he was after Queen Mary reigned three moneths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for Treason which they had committed before she was Queen And upon this reason there is a Maxim in the Common Law Rex nunquam moritur in respect of his ever living and never dying politique capacity In France also the same Custome hath been observed and for more assurance it was expresly enacted under Charles the Fifth That after the death of any King his eldest Son should immediately succeed for which cause the Parliament Court of Paris doth accompany the Funeral Obsequies of those that have been their Kings not in mourning attire but in Scarlet the true Ensign of the never dying Majesty of the Crown Nevertheless certain Cities in France not long since alledged for themselves that because they had not reputed Henry the Fourth for their King and professed Allegiance unto him they were not to be adjudged Rebels Whereupon the chief Lawyers of our Age did resolve That forasmuch as they were original Subjects even Subjects by Birth they were Rebels in bearing Arms against their King although they had never professed Allegiance unto him To conclude this Chapter I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales which began on the Thirtieth of May 1610. as followeth The Prince accompanied with divers young Noblemen together with his own Servants rode from his Court at St. Iames's to Richmond where he reposed that night on the next day the Lord Mayor Aldermen with the several Companies in their Barges attended his Highness about Barn Elmes where he was entertained with a Banquet and in other places with Speeches by a Neptune upon a Dolphin and a Sea Goddess upon a Whale c. His Highness landing at Whitehall was received by the Officers of his Majesties Houshold according to order viz. by the Knight Marshal and the Serjeant Porter In the Hall by the Treasurer and Comptroller of the Houshold in the great Chamber by the Captain of the Guard and in the presence Chamber by the Lord Chamberlain from whence he went into the Privy Chamber where the King and Queen met him the Saturday after was taken up with the usual Ceremonies of making Knights of the Bath to attend his Highness at his Creation which were Five and twenty in number Upon Monday following these Knights of the Bath met in the Queens Closet where they put on long Purple Satten Robes lined with white Taffata and a Hood like a Batchelor of Law about their Necks and in a Barge prepared for them went before the Prince to Westminster Palace where his Highness landed and proceeded to his Creation thus First the Heralds Next the Knights of the Bath Then the Lords that were imployed in several Services Garter King at Arms bearing the Letters Patents The Earl of Sussex the Robes of Purple Velvet The Earl of Huntington the Train The Earl of Cumberland the Sword The Earl of Rutland the Ring The Earl of Derby the Rod. The Earl of Shrewsbury the Cap and Coronet The Earl of Nottingham and Privy Seal supported his Highness being in his Surcoat only and bareheaded to the Parliament Chamber The King was already set with all the Lords Spiritual and Temporal in their Robes of State all the Knights and Burgesses of the lower House present as also the Foreign Ambassadors the great Ladies of the Realm and the Lord Mayor and Aldermen of London seated upon Scaffolds The Procession entring in manner aforesaid made three several low Reverencies to his Majesty and when they came to the Throne Garter King at Arms kist the Letters Patents and gave them to the Lord Chamberlain who presented them to the King who delivered them to the Earl of Salisbury Principal Secretary of State who read them the Prince kneeling all the while before the King and at the words accustomed the King put on the Robe the Sword the Cap and Coronet the Rod and the Ring The Patent being read the King kist him on the Cheek and the Earl Marshal with the Lord Chamberlain placed him in his Parliament Seat viz. on the left hand of the King which Ceremony being ended they returned to the Palace Bridge in manner as followeth First the Masters of the Chancery the King's Council and others then the Officers of Arms the Knights of the Bath next twenty Trumpets before them then the Judges and after them all the Members of Parliament in order the Barons Viscounts Earls and Marquisses having Coronets on their Heads then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor then Garter next before the Sword and then the Prince and King They took Barge at the Palace Stairs and landed at Whitehall Bridge where the Officers at Arms the Members of Parliament and the Lords being first landed attended the King and Prince and went before into the Hall and so into his Majestie 's Presence Chamber whence the Prince descended again into the Hall to Dinner himself seated at the upper end of a Table accompanied with the Lords that attended him at his Creation who sate on both sides of the Table with him At another Table on the left hand sate the Knights of the Bath in their Robes along one side attended by the King's Servants At the second Course Garter with the Heralds came to the Prince's Table and after due reverence proclaimed the King's Style with three Largesses viz. King of England Scotland France and Ireland Defender of the Faith c. And then proclaimed the Prince's Titles viz. Prince of Wales Duke of Cornwall and Rothsay Earl of Rothsay Earl of Chester and Knight of the Garter with two Largesses Then with Feasting Masques and all sort of Courtly Gallantry that joyful
Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
Honourable and Peers of the Realm as they are Barons without any other distinction The Etymology of the Name of Baron MAny Writers have laboured to place the Etymology and signification of this word wherein following too much their own Fantasies they have bred much variation of Opinion As for Etymology of words I agree with him that saith it is Levis fallax Effigies Illustrissimi DniÌ„ Caecilij Calvert Baronis BALTEMORE de Baltemore in Regno Hibernice Absoluti DniÌ„ et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etc a. Abra Blotling sculp The Right Honourable George Lord Nevill Baron of Abergâ—venny in Monmouthshire â—â— The Right Honourable Iames Lord Touâ—hett Baron Audley of Hâ—leigh in England and Earle of Castle haâ—en in Ireland c a. The Right Honourable Charles Lord Weâ—â— Baron De la Ware in Hantshire The Right Honourable George Lord Berkley of Berkley c a. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour c a The Right Honourable Thomas Lord Parker Baron Morley and Monteaglâ— in Lancashire The Right honourable Conyers Lord D'Arcy Baron D'Arcy and Menil in Yorkshire The Right Honourable Benjamin Lord Mildmay Baron Fitzwater The Right Honourable William Lord Sturton Baron Sturton of Sturton in Wiltshire The Right Honourable Henry Lord Sandis Baron Sandis of the Vine in Hantshire The Right Honourable Thomasâ— Lord Windsor Lord Leivetenant of Worcestersh and one of the Lords of his Ma â—â—s most honble Privy Councel for the Kingdome of Ireland The Right Honourable Thomas Lord Cromwell Baron of Oakham in Rutlandsh and Earle of Arglast Viscount Lecaile in the Kingdome of Ireland The Right honble Ralph Lord Eure Baron of Wilton in the County of Northumberland ct The Right Honourable Phillip Lâ—â—â— Wharton Baron of Wharton in The County of Westmoreland The Right Honourable Iohn Lord 〈◊〉 Baron Willoughby of Parhâ—m in Lincolnshire The Right Honourable William Lorâ— Pagâ—â—◠〈◊〉 of Beaudefert in the County of Stafford The Right Honourable Charles Loâ—◠〈◊〉 of Cartlidge in ye. County of Canâ—â—râ—â—â— and Baron Grey of Roleston The Right Honourable William Lord Bruges Baron Chandois of Sudley Castle in Glocester shire The Right Honourable Iames Lord Bertue Baron Norris of Rycott in Oxford shire brother to the Right Honourable Robert Earle of Lindsey ct The Right Honourable William Petre Baron of Writtle in Essex The Right Honourable Digby Gerard Baron of Gerardsâ— Bromley in Staffordshire The Right honble Charles Lord Stanhope Baron of Harrington in the County of Northampton c a. The Right honble Henry Lord Arundell Baron of Wardure in Wiltshire and Count of the Empire The Right Honourable Christopher Lord Roper Baron Tenham of Tenham in Kent The Right Honourable Robert Grevill Baron Brook of Beauchamps Court in Warwickshire Ld. Leivtenant of Staffordshire The Right Honourable Edward Lord Montague of Boughton decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury The Rt. honble Ralph Lord Grey Baron of Warke c â— of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th created Earle of Tangverville in the said Kingdome The Right Honourable Iohn Lord Roberts Baron of Truro in Cornwall and one of the Lords of his maties most Honourable Privy Councell c a. The Right Honourable Iohn Lovelace Baron of Hurley in Barkshire The Right Honourable Iohn Lord Poulet Baron of Hinton St. George in Somerset shire The Right Honourable William Maynard Baron of Estaines in Essex and Baron Maynard of Wicklow in Ireland Comptroler of his Mtys household and one of the Lords of his most Honourable privy Councell The Right Honourable George Coventry Baron of Alesborough in Worcestershire The Right Honourable Thomas Howard Baron of Escricke in Yorkshire The Right honble Charles Lord Mohun Baron Mohun of Okehampton in Devonshire the Right honble Edward Lord Herbert Baron of Cherbury in Montgomeryshire and of Castle Island in Ireland and one of the Lords of his matyâ— most honble privy Councell for the Kingdom of Irelandâ— The Right honble Thomas Lord Leigh Baron Leigh of Stoneley in Warwick-shire The Right honble Richard Lord Biron Baron of Rachdale in Lancashire The Right honble Christopher Lord Hatton Baron of Kirby in Northamptonsh Governor of the Isle of Gemsey ct The Right honble Richard Lord Vaughan Baron of Emlyn in England and Earle oâ— Carbery in Ireland and one of the Lds of his Majestys most honble Privy Councell The Right honble Francis Lord Carrington Baron of Wotton in Warwicksh Viscount Bâ—rreford in the Kingdome of Ireland The Right honble William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne The Right Honourable Edward Lord Ward Baron of Bermingham in the County of Warwick The Right honble Thomas Lord Culpeper Baron of Thornsway in Kent The Right honble Iacob Lord Astley Baron of Reding in Berkshire The Right Honourable Charles Lord Lucas Baron of Shenfeild in the County of Essex the Right honble John Lord Belasis Baron of Worlabye in Lincolnshire the Right honble Edward Watson Baron Rockingham of Rockingham in Northamtonshire son of Lewis Lord Rockingham by the Lady Elianor sister to Iohn Earle of Rutland now living An. 1625 The Right Honourable Charles Lord Gerard Baron of Brandon in Suffolk Gentleman of his matys Bedchamber The Right honble Robert Sutton Baron Lexington of Axam in Nottingham shire The Right Honourable Charles Henry Lord Kirkhoven Baron Wotton of Wotton in Kent The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland The Right honble William Lord Crofts Baron of Saxham in Suffolk Oâ—e of the Gentlemen of his matys Bedchamber The Right honble Iohnâ— Lord Berhley Baron of Stratton in Somersetshire One oâ— the Lords of his Majestys most honble Privy Councell The Right honble Denzell Lord Holles Baron of Ifield in Sussex Lord high Steward of the Honors Manor s and Revenews of the Queens Custos Rotolorum of Dorset shire The Right Honourable Charles Lord Cornwallis Baron of Eye in Suffolke c a. The Rt. honble George Lord Booth Baron De la Mer of Dunham Massey in Cheshire c a. The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke Lord Leivetenant of the said County c a. The Right Honourable Iohn Lord Crew Baron of Stean in Northampton shire The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire The Right Honourable Richard Lord Arundell Baron of Trerife in Cornwall The Right honble Thomas Butler Earle of Ossâ—ry in Ireland Baron Butler of More Park in Hereford shire Eldest Son to his Grace Iames Duke of Ormond Kt of the Garter one of the Gentlemen of his matys Bedchamber and Lords of his most Honourable privy Councell c a. The Right Honorbl Hugh Lord Clifford Baron of Chudleigh
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough â—nd Baron of Clougrenan in Ireland and one of the Lords of his matys most Honourable Privy Councell for the said Kingdome and Baron of Weston in England The Right honble Heneage Lord â—inch Baron of Doventry Lord High Chancellor of England â— a The Rt. honble Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of the Bath Bart. was in the 3d of K. Ch the ist created to the sd. Dignity The Right Honourable Coecilius Coluert Baron Baltemore de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of the Provinces of Maryland and Avalon in America The Right Honourable William Lord Allington Baron of Killard in the Kingdome of Ireland The Right Honourable Iohn Lord Baron of KingstoÌ„ Ld President of the Province of Connaugh Comissary generall of ye. Horse for his matys Army in Ireland and one of the Lds of his matys most honble Privy Councell for â—he said Kingdome plerumque ridicula for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur It may leave some use and serve turn in Schools but it is too light for Judgment in Law and for the Seats of Justice Thomas Aquinas setteth down a more certain Rule In vocibus videndum non tam a quo quam ad quid sumatur and words should be taken sensu currenti for Use and Custome is the best Expositor of the Laws and Words quem penes arbitrium est jus norma loquendi in the Lord Chancellor's Speech in the Case Postnati fol. 61. And forasmuch as the word may aptly be applyed to import men of strength Bracton as before appeareth not unaptly useth the signification thereof in these words Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli The Antiquity of the Dignity of Barons and the sundry uses of the Name IT seemeth that the Dignity was more ancient than the Name for in the ancient Constitutions there is no mention made of the name of Barons howbeit the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores and afterwards called Capitanei For of the Valvasors which are thought to be the Barons Valvasores Minores and Valvasini or Valvasores Minimi The like Dignity before the Conquest had those which of the English-Saxons were called Thaines Mills fol. 28. saith Barons were in France from the beginning nevertheless the name of Baron was not much used in this Kingdom until the Norman Conquest after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons For as they in general and large signification did sometimes use the same to the sense and meaning and import of a Freeman born of a Free Parentage or such like So did the Normans use the word Baron and therefore called their best esteemed Towns and Boroughs by the name of Barons And so the Citizens of London were called Barons Londonni divers ancient Monuments of whom also Britan. maketh mention fol. 272. lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons And the Barons of Warwick in the Record of Domesday and unto our time the Free Burgesses of the Five priviledged Ports and for that also divers of the Nobility of Barons as well Spiritual as Temporal did in ancient time sit in the Exchequer to determine the matters there arising The Judges of that Court have been time out of mind called Barons of the Exchequer And â—â—lliam de la Poole was created a Baron by King Edward the Third and made Lord Chief Baron of the Exchequer Moreover as the English Saxons had two kinds of Thaines the like hath been observed as touching Barons â—or the King and the Monarchs of the Realm have their immediate Barons being the Peers of the Realm And in like manner certain others of the Nobility especially the Earls which have Jurisdiction Palatine and Earls-Marshal whose Countries have confined upon the Coasts of the Enemy and had under them for their better defence a kind of Barons as namely under the County Palatine of Chester were these Barons viz. the Barons of Hilton Mountale Molebanck Shipbrooke Malpas Massa Kinderton Stockport c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales and therefore the Earl thereof being an Earl-Marshal had also under him his Barons as by the Parliament Rolls 18 Edw. 1. doth appear It hath been therefore a common Opinion received That every Earldom in times past had under it Ten Barons and every Baron Ten Knights Fees holden of him and that those which have Four Knights Fees were usually called and promoted to the Degree of a Baron Also Lords and Proprietors of Mannors were in respect of them in ancient remembrance called Barons but absolutely and the Courts of their Mannors called thereof Courts Barons It resteth now for the more explanation of the use of the name of Barons that we call to remembrance that which hath bin afore spoken That the Custome of our Country is that if a Baron be created Earl the eldest Son of the said Earl taketh upon him in the life time of his Father the Name and Title of the Barony although he want the priviledges belonging to a Baron The Tenor and proper signification of the word Baron BArons Honourable are of three kinds viz. by Tenure by Writ and by Creation or Patent As for Barons by Prescription which some men have spoken of they are intended to be all one with the Barons by Tenure or those whose Ancestors time out of mind have been called to Parliament by Writ for otherwise there are no such to be found as Barons by Prescription only CHAP. X. Barons by Tenure BArons by Tenure are those which do hold any Honour Castle or Mannor as the head of their Barony per Baroniam which is Grand Serâ—eanty And those Barons by Tenure are of two sorts Barons Spiritual by Tenure and Barons Temporal by Tenure Of Barons Spiritual by Tenure sufficient is said whereunto may be added That it appeareth by all the ancient Writers of our Law as Brittan Glanvile Bracton and the rest that the Archbishops and Bishops of the Realm in the ancient Saxons days as well during the time that the Realm was divided into divers Kingdoms as also after the uniting of them into one Monarchy were called to Parliament or Assemblies of State as Wisemen not so much in respect of their Tenure for in those days all their Tenures were by a Frank Almoigne but especially for that the Laws and Counsels of men are then most currant and commendable and have a more blessed Issue and Success where they are grounded upon the Law of God the Root and Beginning of
all true Wisdom And therefore our wise and religious Ancestors called to their General Council or Wittengemote or Court of Wisemen as they called it those chief and principal persons of the Clergy which by their places and professions by their Gravities Learning and Wisdom might best advise them what was the Law of God's acceptable will and pleasure that they might frame Laws answerable or at least wise not contrary and repugnant thereunto And touching the Temporal Barons by Tenure mention is made of them in the Books of Law Records and ancient Monuments of the Realm and these Baronies were anciently uncertain and rentable at the pleasure of the King But such incertainty was brought to certainty by the Statute of Magna Charta chap. 2. Bracton doth make express mention of Barons Temporal by Tenure it shall be needful here again to remember the former assertion of Bracton That the head of a Barony descending to Daughters should not be divided by partition which argueth likewise the Tenure of Barony But let us descend to other Authority viz. the Book-Case in the 48 Edw. 3. fol. 30. Sir Ralph Everdon's Case by which Case of Law 't is most evidently proved that there are Barons by Tenure which in regard of such their Tenure ought to be summoned to Parliament And furthermore That there were or are Barons by Tenure read the Statute of Westminster 2. cap. 41. where the Fees of the Earl-Marshal and the Lord Chamberlain are expressed which are to be taken by them upon the Homage done of every Baron by Tenure whether the Baron holdeth by a whole Barony or by a less But here ariseth a Question If a Baron by Tenure alien and grant away the Honour Castle and Mannor holden by Barony whether shall such Alien or Grauntee take upon him the State Title and Dignity of a Baron or not Or what shall become of such Dignity of Baronage after such Alienation and Grant made They which do deny that there are any such Baronies by Tenure do use these as their principal Motives or Reasons First If there be any Baronies by Tenure then the Alience or Grantee of such Honour Castle and Mannor so holden must hold by the same Tenure that his Grantor or Feoffer before held but that was by Barony therefore such Grantee must hold by Barony And if such Grant or Alienation be made to persons Vulgar or Ignoble then should such Tenure be made Noble which were very absurd and full of inconveniency for Ornanda potius est dignitate domus quam ex domo dignitas utcunque quibus quaerenda est ab iis honestanda Milles peroration 3. Secondly It is very evident and manife stthat many ancient Mannors which in old time were holden by Baronage and were the head of Baronies are now in the Tenures of mean Gentlemen and others who neither may nor do challenge unto themselves in any respect hereof any Nobility without the great favour of the King 's most Excellent Majesty who is the Fountain of all Honour within his Dominions Thirdly Some ancient Barons there are that have aliened and sold many of those Castles and Mannors which did bear the Name and Dignity of Baronage and yet themselves do still retain and lawfully keep their Estate Dignity and Degree of Baron and have been and usually are such Alienations notwithstanding summoned nevertheless to the Parliament and there do take and hold their ancient place accordingly To these Objections it shall be convenient for the more easie unfolding the sâ—ate of this Question to exhibit certain necessary distinctions and upon them to draw true and infallible Conclusions and then to prove them by authority of Law consent of Time and manifold Presidents which done the Answer will be presently made as I conceive to every of the aforesaid Objections First therefore If a Baron by Tenure which holdeth any Castle Honour or Mannor by Baronage do Alien oâ— give the same away he doth it either with or without a Licence obtained from his Majesty for the same If he doth it without a Licence then the Conclusion is certain But by the Laws of this Realm the Barony Honour Castle or Mannor so aliened without licence or consent is forâ—eited and the same Honour Castle and Mannor â—o â—olden by Barony and so aliened is to â—e seized in the King's hands and the â—aid Forfeiture and such Dignity and Estate no longer to be born and continue but to be resumed and extinguished in the Crown from whence it was derived The reason therefore is notable if we call to remembrance that which was formerly alledged out of Bracton That Baronies are the strength of the Realm and suffer no division they suffer also no alienation without the consent or licence of the Sovereign Monarch for so should the Realm be infeebled and base persons ennobled without desert of Vertue or Prowess For where the thing so aliened is an Honour or Head of a Barony it differeth much from the ordinary Tenure in Capite whereof if the Tenant make Alienation without Licence he is only to pay a Fine by the Statute of 1 Edw. 3. cap. 12. whereof also before the making of the Statute there was diversity of Opinions at the Common Law after the Statute of Magna Charta cap. 31. And for further proof see Glanvile In Edward the Third certain Lands being parcel of the Barony of Bremberway were aliened by William de Browse the Baron thereof without the King's Licence and in the Argument of the Case concerning the same Judge Green delivered this for Law First That parcel of a Barony or Earldom of the King in chief cannot be aliened or dismembred without his Licence and if it be it shall be seized into the King's hands as forfeited and the King shall be seized thereof in his own right again In 43 Edw. 3. it was found by an Office that William Bishop of Chester had leased unto one Iohn Preston for his Life a Mannor which was parcel of the Mannor of the said Bishoprick without Licence and it was resolved by the Judges and others of the King's Council That the same was forfeited but by mediation of the said Council the Bishop submitted himself to the King and made a Fine and several Scire Facias's issued out against them that had received the many proâ—its to answer unto the King thereof And thus much concerning Alienations of Baronies without Licence But on the other part if a Baron by Tenure who holds any Honour Castle or Mannor by Barony do grant or alien the same by Licence I must again distinguish for either such Alienation is made for the continuance of his Barony Honour Lands and Tenements in his own Name Blood and Issue Male or else the same Alienation is made for Money or other Recompence or otherwise to a meer Stranger and hereof ensueth this second Conclusion or Assertion That if such Alienation be made for the continuance of his Barony in his Name and Blood or Issue Male
Adversaries in this manner viz. The Writ of Summons to the Parliament whereby the Baron by Writ hath his Original is to call that Honourable and Worthy Person so summoned to the number of that Right High and Honourable Assembly and to be a Judge to sit hear and determine Life and Member Plea and right of Land if there shall come occasion likewise to give Counsel and Advise in the most mighty Affairs of the Realm But these things are convenient for the quality and condition of men unfitting and altogether unbeseeming the Sex of women Ergo having respect unto the scope and final purpose of such Writs such Inheritances should only descend unto the Heir Female The Second Argument contra Secondly If it shall be answered That although the Heir Female to whom such Inheritance is descended be unfit in her own person for the accomplishing of these things yet she may marry with one sufficiently able for her and in her behalf to execute the same This Answer will neither satisfie nor salve the inconveniences For admit that such an Heir Female were at full Age at the death of her Ancestor unmarried for it doth lye in her own choice then whom shall be her Husband The Third Argument contra Thirdly If such Husband shall be called by the right of his Wife the Writ shall make some mention thereof for otherwise it may well be taken that the Husband was chosen in his own person and in behalf of himself and not in regard of his wife or such pretended Dignity descended unto him But there was never such a Writ of Summons seen wherein the wife was mentioned And if the husband of such a wife have been called to the Parliament which is always by General Writ not mentioning his wife he is thereby made a Baron of himself by virtue of the said Writ Having thus heard both sides to dispute place it doth now require to interpose Opinion to compound the Controversie This point in queâ—tion is somewhat perplexed by means of difficult Presidents For first it is observed That some Presidents do prove that Baronies by Writ have descended unto Heirs Female whose husbands have been called to Parliament whether in regard of themselves or in respect of their wives right it maketh no matter but since it is that the marriage of such Ladies gave that occasion to be summoned and such husbands and their Poâ—â—erity have and do lawfully bear the same Title of Dignity which the Ancestors of such a wife did before rightfully bear For by this Controversie theâ—e is no purpose to call the right of such Noble Houses into question Howbeit Secondly this is to be observed out of the Presidents and to be acknowledged of every dutiful Subject That the King's Majesty is nevertheless at liberty to call to his High Council of Parliament whom he shall in his Princely Wisdom think fit which by his Majestie 's Noble Progenitors have in former Ages likewise observed And therefore whereas Ralph Lord Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest who married Sir Thomas Nevile Knight and Ioan the younger who married Sir Humphrey Butcher Knight who was called to Parliament as Lord Cromwell and not the said Sir Thomas Thirdly It is to be observed That if a Baron by Writ die without Heir Male having his Daughter Sister or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any ancient entail or otherwise the Title of such an Heir Female hath heretofore been allowed as by the honourable Opinions and Relations of the Right Honourable the late Commissioners in the Office of Earl-Marshal signified unto the late Queen upon Petition of the Sister and Heir of Gregory Lord Dacres deceased may appear Moreover in the same Pedigree of the Lord Dacres it was expressed That Thomas sometimes Lord Dacres had issue Thomas his eldest Son Ralph his Second and Humphrey his third Thomas the eldest died in the life of his Father having issue Ioan Daughter and Heir who was married to Sir Richard Fines Knight and after Thomas Lord Dacres his Grandfather and Father to the said Ralph and Humphrey died after whose death Henry the Sixth by his Letters Patents bearing date at Westminster the Seventh of November in the Seventh year of his Reign reciting the said Pedigree and Marriage doth by his said Letters Patents accept declare and repute the said Richard Fines to be Lord Dacres and one of the Barons of the Realm But afterwards in the time of Edward the Fourth the said Humphrey Dacres after the attainder of the said Ralph and himself by an Act of Parliament which was the first of Edward the Fourth And after the death of the said Ralph and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth the said Humphrey made challenge unto the said Barony and unto divers Lands of the said Thomas his Father whereupon both parties after their Title had been considered of in Parliament submitted themselves to the Arbitrement of King Edward the Fourth and entred into Bond each to other for the performance thereof whereupon the said King in his Award under his Privy Seal bearing date at Westminster the Eighth of April Anno Regni sui decimo tertio did Award that the said Richard Fines in the right of Ioan his wife and the Heirs of his body by the said Ioan begotten should keep have and use the same Seat and Place in every Parliament as the said Thomas Dacres Knight Lord Dacres had used and kept and that the Heirs of the body of the said Thomas Dacres Knight then late Lord Dacres begotten should have and hold to them and to their Heirs the Mannor of Holbeach And further That the said King Edward did Award on the other part that the said Humphrey Dacres Knight and the Heirs Males of the said Thomas late Lord Dacres should be reputed had named and called the Lord Dacres of Gillesland and that he and the Heirs Males of the body of the said Thomas then late Lord Dacres should have use and keep the place in Parliament next adjoyning beneath the said place which the said Richard Fines Knight Lord Dacres then had and occupied And that the Heirs of the body of the said Ioan his wife shall have and enjoy and that the Heirs Males of the said Thomas Dacres late Lord Dacres should have to them and the Heirs Males of their bodies begotten the Mannor of Iothington c. And so note that the name of the ancient Barony namely Gillesland remained unto the Heir Male to whom the Land was entailed Moreover this is specially observed If any Baron by Writ do die having no other Issue than Female and that by some special entail or other assurance there be an Heir Male which doth enjoy all or great part of the Lands Possessions and Inheritances of such Baron deceased the Kings have used to call to the
Parliament by Writ as Baron such Heir Male omitting the Husband of the Issue of such Heir Female And this also appeareth by a notable Controversie in the time of Henry the Seventh between Sir Robert Willoughby Lord Brook and Richard Lord Lattimer for the Barony of Lattimer which in effect was The said Lord Brook did challenge the Barony of Lattimer as Coâ—in and Heir of Elizabeth his Great-grandmother who was Sister and Heir of Iohn Nevill Lord Lattimer who died without Issue And hereupon exhibited a Petition to Henry the Seventh in Parliament whereunto Richard Lord Lattimer was called to answer because he then enjoyed the said Title and Dignity The said Richard Lord Lattimer did by his Answer shew That after the death of the said Iohn Nevill Lord Lattimer without Issue the said Elizabeth was his Sister and next Heir and married unto Thomas Willoughby Knight second Son of the Lord Willoughby But Henry the Sixth for that the said Iohn Nevill Lord Lattimer was dead without Issue and that the next Heir was Female did therefore call to the Parliament George Nevill Knight second Son of Henry Earl of Westmoreland to be Lord Lattimer as Cosin and next Heir Male of the said Iohn Nevill Lord Lattimer which George was Grandfather of the said Richard Lord Lattimer Father of the said Richard In debate of which cause the Question now in hand namely Whether a Barony by Writ may descend to the Heirs Female was advisedly considered of by the King and his Nobility in Parliament and in the end adjudged with the said Richard Lord Lattimer which President doth afford us two Judgments in this point And in the time of Henry the Sixth when the Writ was directed to the said Sir George Nevill Knight whereby he was summoned as Lord Lattimer to the Parliament and as Heir Male and not the said Thomas Willoughby Knight husband of the said Elizabeth Heir Female And the second Judgment was given in the time of Henry the Seventh whereby the said Barony was adjudged to the said Richard Lord Lattimer coming out of the special Heir Male against the Lord Brook descended of the general Heir Male. But here in this President before remembred of the Barony of Dacres may be objected to encounter this Conclusion for there was an Heir Female married unto Sir Richard Fines who by the Declaration of King Henry the Sixth was Baron of Dacres in right of his wife And there was also Ralph and Humphrey the Heirs Males before whom the Heir Female was preferred by the censure of Henry the Sixth and Edward the Fourth This Objection is easily answered for although Henry the Sixth through the Princely favour which he bore unto Sir Richard Fines had declared him to be Lord Dacres in right of his wife yet notwithstanding did Ralph Dacres being Heir Male then unto the Lord Dacres and by that name was attainted in Parliament Anno primo Hen. 4. Wherefore the reason why the Heir Male could not be regarded was the said Attainder of the said Raâ—ph and Humphrey his brother and therefore when Humphrey in the 12 th of Edward the Fourth laboured to have the said Attainder Reversed he submitted himself to the Arbitrement of the King who to satisfie both Competitors both having deserved of him after he had admitted them to his favour he allowed one to be Lord Dacres and the other to be the Lord Dacres of Gillesland And thus much concerning the second Point Whether a Barony by Writ may descend unto the Heir Female The third Point As concerning the third Point admitting such Descent to be to the Heir Female when there is no Heir Male that may claim the same for then doth this Question take place Whether the husband of such an Heir Female shall enjoy the Dignity in right of his wife or no Wherein we are to rest upon a Resolution had and given to this special Question which was in this manner In the time of Henry the Eighth when Mr. Winby took upon him the style of Lord Talbois in right of his wife having no Issue by her The said King assisted both by Civil and Temporal Lawyers gave Sentence That no husband of a Baroness in her right should use that Style and Dignity until he had by her a Child whereby she should become Tenant by Courtesie unto her Inheritance The special Reasons that occasioned this Sentence were two First It should be convenient for her husband this day to be a Baron and a Peer of the Realm and to morrow by the death of his wife to become none and without the default of the party Secondly If he had Issue by wife and were entituled to be Tenant by the Courtesie of England of his wives Lands if he shall not also bear the Style and Dignity of his Wives Barony then should the Son after the death of his mother dying in the life time of his father be a Baron and Lord without Land for so the father should have the Land as Tenant by Courtesie and the Son the Lordship without Land And thus much said concerning the Nature Quality and Estate of a Baron by Writ and for the Resolution of the several points and Articles of the Question proposed may suffice CHAP. XII Barons by Patent which is the third kind of Barons mentioned in the former Division of Barons THere is also a fourth means of Creation viz. by Act of Parliament but the first two mentioned and this other by Patent is most usual for the Honour of the King for thereby the Donation doth proceed from his Majesty only as from the Fountain of Honour But when the Creation is by Parliament the King ever is one and may be said to be Donor A Baron therefore by Creation by reason of Letters Patents is that noble Person whom the King or any of his Progenitors Kings of this Realm have created Baron by such their Letters Patents began in the Reign of King Richard the Second This kind of Dignity of a Baron shall be of such continuance in Descent or otherwise as shall be limited in the Habendum in such Letters Patents contained for it may be but for the life of him to whom it is given or for term vanter vie as some hold Opinion in the 32 of Hen. 6. for cujus est dare est disponere It may be in special in our general Tayl and this kind of Tayl was usual before the Statute made decimo tertio of Edw. 1. by which Estate Tayl of Lands and Tenements was created as appeareth by the Patent whereby Hubert de Burgo was made Earl of Kent in the time of Henry the Third by these words Habendum sibi haeredibus suis de corpore Margaretae uxoris sui sorors Alexandri Regis Scotiae procreatis pro defectu talis exitus remanere in directis haeredibus dicti Huberti And that Estates intayl are at this Day of Titles of Honour by the said Statute of Westminster the second Question If a
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right
then Countess of Killimeak in Ireland The Lady Dudley Dutchess of 〈…〉 The celebrated Beauties Barbara Villiers Dutchess of Cleaveland and Countess of Southampton and Louyse Rene Angelique de Carwell Dutchess of Portsmouth Countess of Petersfield c. Of Titles by Descent and Marriage there are Examples enough so that I need not trouble the Reader with any repetition I shall only set down some few general Observations not sufficiently discoursed of If a King's Daughter marry a Duke or an Earl illa â—emper dicitur Regalis by Law and Courtesie Noble women by descent Birthright or Creation remain Noble although they marry Husbands under that degree Also any Daughter of an Earl or Viscount that continues a Virgin or marrieth an Esquire yet she retaineth the Honour that sprung from her Parents and shall take place accordingly and be saluted by the Title of Lady If a Gentleman Knight or Peer marry a wife of ignoble Parents she shall enjoy the Title Name and Dignity of her Husband not only during his life but when she is a widow or afterwards married to an Ignoble person but this is by the Courtesie and not by the Law of the Realm Whereas on the contrary let a woman of Blood and Coat-Armour marry a Yeoman or Churle that is Ignoble and hath no Coat-Armour his Condition in point of Honour is in no respect advanced and she shall retain the Honour State and Dignity she was born unto Yet if she have iâ—â—ue by that Yeoman or Ignoble person she being an Heiress that Issue shall have liberty to bear her Coat but Sir Iohn Fern saith only for life and that on a Lozenge Shield with a difference of a Cinquefoil If a French Spanish or other woman Alien be married to a Peer of the Realm or to a Gentleman and be not denizened she is debarred all Priviledges and Titles due to her Husband nor can she claim any Dower or Joynture from him by the Laws of England Yet in some things our Laws are wonderful kind to the Female Sex especially procreandi causa As thus if a man and his wife separate for some fraud or private loathing of the Marriage Bed or the like and so continue for some years after which time the woman bringeth forth a Child which though got by another man and her Husband in all that time not having enjoyed her yet if he live in the Kingdom he must Father the Child and if before that time he had no Child that shall inherit his Lands if entailed or left without Will Also if a Wife be with Child when her Husband dieth and she marry another man before her delivery the latter Husband must own the Child which must be his Heir at Law if he were childless The Wives Dignities and Lands descend to her Heirs not to her Husband yet to encourage him to play the man the Courtesie of England is such that as the Wife hath the third part of his Estate in Lands for her Joynture during her life if a Widow so the Husband if he get his Wife with Child and that Child be heard to cry he shall enjoy all her Lands during his life The Wife can make no contract whatsoever that shall stand good in Law to the detriment of her Husband without his consent nor can she make a Will or dispose of what she hath whilst she is a Feme Covert â—he cannot be produced as a witness for or against her Husband nor shall she be accessory to his felonious acts although she receive the Goods or conceive the Fact if she be not personally an Actor therein Female Children are also by Law capable to give their consent to marriage at Seven years old and the Lord 's eldest Daughter is to have aid of his Tenants to marry her at that age though she may dissent from this Contract when she comes to Twelve but if at that Age she doth not dissent she is bound for life she may then make a Will and dispose of Goods and Chattels by it At Nine years of Age she is Dowable at Fourteen she might receive her Lands into her Hands and was then out of Wardship if she were Fourteen at the death of her Ancestor otherwise she was in Wardship till she accomplished Sixteen years and then she was free At One and twenty she is enabled to contract or alienate her Lands by Will or otherwise If there be no Son the Lands as well as Goods are equally divided amongst the Daughters who are Coheirs In ancient times Women amongst the Romans were thought worthy of enjoying peculiar favours and respect And out of their great love and honour to the Mother of Marcus Coriolanus for diverting his fury which he threatned the Citizens to their ruin for their ingratitude towards him the Citizens granted the Roman Dames the priviledge of wearing the Segmenta Aurea or Bordures of Gold and purple on their Garments They were also permitted to wear gold Ear-rings to have place on the way and in memorial of the said preservation there was erected a Temple dedicated to the Female Fortune Anne of Britain wife to Charles the Eighth of France as an ornamental Honour to several deserving Ladies instead of the Military Belt and Collar bestowed on them a Cordon or Lace and admonishing them to live chastly and devoutly and to put the greater esteem thereon the surrounded her Escocheon of Arms with the like Cordon from which Example it is now become the Custome for unmarried women to bear their Arms in form of a Lozenge which are commonly adorned with such a Cordon Ioseph Micheli Marquez for the further Honour of the Female Sex gives an Example of the Noble women of Tortosa in Aragon whom he calls Cavalleros or Knights For saith he Don Raymond last Earl of Barcellona who by right of his wife Petronilla sole Daughter and Heir to King Ramiro the Monk joyned his Principality to the Kingdom of Aragon having in the year 1149. taken from the Moors the City of Tortosa who in a few months after laid siege to the said City and reduced the Inhabitants to so great a strait that their intentions were of surrendring it up to the Moors but the women hearing thereof for the diverting their ruin put on mens Apparel and by a resolute Sally forced the Moors to raise the Seige And the Earl in acknowledgment of his thanks for this their Noble Act as a reward of Honour instituted an Order not much unlike a Military Order into which were admitted only those brave women and their Descendants The Badge which he assigned them was something like a Fryer's Capouch but of a crimson colour which they wore upon their Head-clothes Amongst the priviledges which this Earl granted them they were to be freed from all Taxes to have precedency of men in publick Meetings and that all the Iewels and Apparel of their deceased Husbands should be their own although of never so great value And these women having thus purchased this
in any Action or otherwise in which case any other Subject of what degree soever shall be amerced for in that case the Queen shall participate of the King's Prerogative But the Queen shall not in all cases have the same prerogative as the King as for Example Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no Title by order of Law so to do contrary to the Opinion of some ancient Books as you may see Stamford's Prerogative Case 19. But no such Suit shall be made to the Queen but Actions as against other Lieges of the King according as the Case shall require For by the same Reason that the Queen may be Plaintiff or Demandant in Actions without the King by the same Reason she shall be Defendant without the part taking of such Prerogatives as do appertain to the King Against the King by his Prerogative nullum tempus occurrit but it is not so with the Queen 18 Edw. 3. 2. a. And plenarily by six months is a good Plea in a Quare Impedit brought by Philip Regina Anglia ibidem fol. 1. 13. b. Stamford's Prerogative Case 18. prope finem In the 22 Edw. 3. 6. it is thus to be read Note that a Protection was sued forth against the Queen in a Writ which she brought and it was allowed though she be a person exempt Nevertheless by this short Case following may be observed That the Justices do not easily suffer any proceedings in Law against the Queen Wife or Widow but will hold with their Immunities so much as by Law they may A Writ of Dower was brought against Isabel Queen of England and Mother to the then King and the Court said to the Plaintiff The Queen is a person of Dignity and Excellency and we are of Opinion that she shall not answer to the Writ but that she should be sued unto by Petition And thereupon the Demandant dixit gratis and she prayed the Court to grant a Continuance of Action until another day so that in the mean time she might speak with the Queen But the Court would not agree to make a Continuance but said That upon her request they might give day prae re pertin and so it was done for the Queen's Counsel would not agree to a Continuance for thereby the Queen shall be accepted as answerable Neither do I suppose that I have digressed from any former purpose for making mention in those Cases concerning the Queen Consort For notwithstanding the intermarriage with the Sovereign King yet she is no other than a King 's Subject whether she be of a Foreign Nation or a Native born and though she be by the favour of the King solemnly crowned Queen yet that is but a Royal Ceremony and no essential Exception whereby she may not from henceforth be accounted in the rank of Noble Women And this hath been proved by the effect in the Reign of King Henry the Sixth when some of the Wives crowned Queens have been Arraigned of High Treason and therefore put to Trial by the Nobles of the Realm as her Peers The Wife of the King 's eldest Son hath also some Prerogatives in regard of the Excellency of her Husband which the Wives of other Noblemen have not For by the Statute of the Thrteenth of Edward the Third it is High Treason to violate the Wife of the King 's eldest Son and Heir Dutchesses and Countesses have special Honours appertaining to their Estates as Kneeling Tasting c. which things are more appertaining properly to the Heralds than to be here treated of Ladies in Reputation THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father is a Lady by Courtesie of Speech and Honour and taketh place according as in ancient time hath been permitted by the Sovereign Prince and allowance of the Heralds but in legal proceedings they are not Priviledged nor to be named according to such Names of Dignity But the King may at his pleasure create such Men in the life of their Ancestors unto degrees of Lord's of his Parliament and then the Law is otherwise If a Noble Woman of Spain come into this Realm by safe Conduct or otherwise though in the Letters of safe Conduct by the King she be styled by such her Sovereign Title yet in the King's Courts of Justice she shall not be named by such Title though in common Speech she is styled a Lady An English Woman born doth taken to her Husband a French or Spanish Duke though he be made a Denizen yet she shall not bear his Title of Dignity in Legal Proceedings A German Woman is married to a Peer of the Realm and unless she be made a Denizen she cannot lawfully claim the Priviledges or Titles of her Husband no more than she can to have Dower or Joynture from him An English Woman doth take to her Husband an Irish Earl or if a Lord of Scotland though he be a Postnatus take an English Woman to his Wife their Wives shall not participate of their Husbands Titles of Dignity But if the King do create one of his Subjects of Scotland or Ireland a Peer of this Realm then shall he and his Wife enjoy all the Priviledges of a Nobleman But if an English man by the Emperor be made an Earl of the Empire his Wife shall not bear that Title of Honour All the Daughters of Dukes Marquisses and Earls are by the ancient Custome of the Realm styled Ladies and have precedency according to the Degrees of their Parents And of this Custome the Laws do take notice and give allowance for Honour and Decency But nevertheless in the King's Courts of Justice they bear not those Titles of Honour no more than the Sons of such Noble persons may do So in this point the Law is one way and the Honour and Courtesie of Ladies another And as a Civilian in like Case saith Aliud est jus aliud privilegium nevertheless the Books of our Law do make mention thereof and allow of it as a Courtesie though not as a Law Thus much of Women If I have been too large upon this Subject I crave their pardons and if too short I wish I had been more large for their Honour Yet let them compare their Conditions with that of their Neighbouring Nations and 't is believed they have reason to judge themselves the happiest Women in the World but Nemo sua sorte contentus None truly value what they do possess Birth Beauty Titles Riches in excess Are all a Plague if ought else we desire The loss of that makes all our joys on fire The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox ◠a. The Rt. honble Ann Stuart Baroness of Castle Stuart in ye. Kingdome of Ireland Relict of the Rt. honble Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in ye. County of
personal Installation of a Knight in seven Sections 1. That Installation gives the Title of Founder 2. Of the time and place appointed for Installation 3. Of Commissions for Installation 4. Of Letters of Summons 5. Of Warrants for the Livery of the Order 6. The removal of Atchievements and Plates And 7. preparations made by Knights Elect. Chap. XII Treats of the personal Installation of a Knight-Subject in eleven Sections 1. Of the Cavalcade to Windsor 2. The Offerings in the Chappel on the Eve of the Installation 3. The Supper on the Eve 4. The order in proceeding to the Chapter-house 5. The Ceremonies performed in the Chapter-house 6. The proceeding into the Choire 7. The Ceremonies of Installation 8. The order observed when two or more Knights are installed in one day 9. The Offerings of Gold and Silver 10. The grand Dinner at the Installation And 11. of setting up the Knight's Atchievements Chap. XIII Treats of the Installation of a Knight-Subject by proxy in nine Sections 1. The original cause of making Proxies 2. Letters of Procuration 3. Qualifications of a Proxy 4. Preparations for Installations 5. Proceeding to the Chapter-house 6. Transactions in it 7. Proceeding to the Choire 8. Ceremonies performed there And 9. the grand Dinner Chap. XIV Treats of the signification of Election to Strangers in five Sections 1. In what time and manner Certificate is made for their Election 2. Of notice given of an Election before sending the Habit 3. Notice of Election sent with the Habit 4. Certificate of acceptation And 5. of an Election not accepted of Chap. XV. Treats of the Investiture of Strangers with the Habit and Ensigns of the Order in four Sections 1. The time for sending the Habit and Ensigns unlimited 2. Preparations made for the Legation 3. The Ceremonies of Investiture And 4. Certificates of having received the Habit and Ensigns of the Order Chap. XVI Treats of the Installation of a Stranger by Proxy in thirteen Sections 1. Touching the choice and nomination of a Proxy 2. The Proctor's qualifications 3. His Letters of Procuration 4. Of the Proctor's Reception 5. The preparations for Installation 6. The Proctor's Cavalcade to Windsor 7. Supper after his arrival there 8. Of the proceeding to the Chapter-house 9. The Ceremonies performed therein 10. Of the proceeding to the Choire 11. The Ceremonies of Installation 12. The Proctor's Offerings And 13. the Dinner Chap. XVII Treats of the Duties and Fees payable by the Knights-Companions at their Installations in four Sections 1. Concerning the Fees due to the Colledge of Windsor 2. Fees due to the Register Garter Black Rod and Officers of Arms 3. Fees belonging to others of the Sovereign's Servants And 4. Fees payable for Strangers Chap. XVIII Treats of the Grand Feast of the Order in ten Sections 1. The Grand Feast appointed to be annually kept on St. George's day 2. The Anniversary of St. George fixed by the Church unto the Three and twentieth of April 3. St. George's day made Festum duplex 4. The place for celebrating the Grand Feast assigned to Windsor Castle 5. St. George's day kept apart from the Grand Feast and how then observed 6. The Grand Feast neglected by King Edward the Sixth 7. Removed from Windsor by Queen Elizabeth 8. Of prorogation of the Grand Feast 9. Of Commissions for prorogation And 10. that the Grand Feast ought to be celebrated once every year Chap. XIX Of preparations for the Grand Feast of the Order in eight Sections 1. Of Letters giving notice of the time and place 2. Of Dispensations for not attending at the Grand Feast 3. Of Commissions of Lieutenancy and Assistance 4. Warrants for the Removal of Atchievements 5. Scutcheons of Arms and Styles 6. Of adorning the Chappel 7. The furnishing of St. George's Hall And 8. Officers and Servants appointed to attend at the Grand Feast Chap. XX. Treats of the order of the Ceremonies on the Eve of the Grand Feast in seven Sections 1. Of the beginning of the Grand Feast 2. Of setting the proceeding in order 3. Of proceeding to the Chapter-house 4. Of the opening of the Chapter 5. Transactions in the Chapter held before the first Vespers 6. The Ceremonies relating to the first Vespers And 7. the Supper on the Eve Chap. XXI Treats of the Order of the Ceremonies on the Feast day in nine Sections 1. The proceeding to the Chappel in the morning 2. The proceeding to the second Service 3. Of the Grand Procession 4. The order of the said Service 5. The Offering of Gold and Silver 6. The return to the presence 7. Of the Dinner on the Feast-day 8. The Ceremonies belonging to the second Vespers And 9. of the Supper on the Evening of the Feast-day Chap. XXII Treats of the Ceremonies observed on the last day of the Feast in four Sections 1. Of proceeding to the Chapter-house in the morning 2. Of the elect Knights proceeding into the Choire 3. Of the Ceremonies performed at Divine Service And 4. the Diets at some of the Grand Feasts Chap. XXIII Treats of the Observations of the Grand Feast by absent Knights in five Sections 1. Absent Knights enjoyned to observe the Grand Feast 2. More particular directions for their observation thereof 3. How to be observed in case of Sickness 4. In what manner the Feast hath been observed by absent Knights And 5. Dispensation for absence granted during life Chap. XXIV Treats of Degradation of a Knight-Companion in three Sections 1. Of the Degradation of a Knight Batchelor 2. The manner of Degrading a Knight-Companion of the Garter And 3. of Restauration into the Order after Degrading Chap. XXV Treats of Honors paid to deceased Knights-Companions in four Sections 1. Of the celebration formerly of Masses for defunct Knights-Companions 2. Of fixing on the Stalls Plates of their Arms and Styles 3. The Offering of Atchievements And 4. of depositing the deceased Knights Mantles in the Chapter-house Chap. XXVI Treats of the Founder the first Knights-Companions and their Successors in four Sections 1. Of what number they consisted 2. A short view of the Founder's Wars 3. Some account of the first Five and twenty Knights-Companions And 4. a Catalogue of their Successors OF Knights Bannerets CHAP. XVIII THIS Degree of Knighthood called by some Equites Vexillarii or Chevaliers a Banier is a most ancient Order having been used in England ever since King Edward the First and hath been always conferred on most deserving persons for their signal Valour as I shall anon take occasion to speak of 'T is the Judgment of some Antiquaries that these Bannerets were once used as a part of the three States of the Realm and that it was the Custome of Kings hertofore to summon by Writ the Lords Spiritual and Temporal with such other worthy persons of this Order as they thought fit to call to consult about the Publick Affairs of the Kingdom which persons thus assembled were then called a Parliament And that those Bannerets often serving their King
Tho WilbraÌ„ham of Woodhâ—â— in Cheshire Bart. now to Charlott Daughter of ye. R t honble Orlando Bridgman Kt and Bart. deceased Late Ld. Keeper of the great Seale of Enâ—land the 514 Bart. by Creation 〈◊〉 â—â—hn Bridgâ—man of Castle Bromwicâ— in Warwickshire Bar t Eldest son of ye. Rt. honble Sr. Orlando Bridgâ—â—an of great Leaâ—er in Lancashir Kt. Bart. deceâ—â—â—â— Laâ—e â—â— Keeper of ye. great seale of England wth 〈◊〉 S â— â—ohn is now maried to Mary Daughter Coheyrâ— of â—â—â—â—gâ—â—radock of Carswall Castle in Stafordshire Esq deceased Thâ— 496 Bart. by Creation â—r. Samuell Barnadiston of Brightwell Hall in Suffolâ— Bart. Third son to Sr. Nath Barnadiston of Kettoâ—â—â—◠〈◊〉 the Sd. County who was ye. 23d. Kt. Lineally descended of ye. family wth still Enjoyes ye. Paternall Estate they had before ye. Conquest ye. Bart. by Creation Sr. Thomas Darâ—ey of St. Clerehall in St. oseth in ye. County of Essex Bart. The 486 Bart. by Creation Sr. Humfrey Forster of Aldermaston in Barkshire Bart. descended of a family of great antiquity Whose Ancestors haue been there seated for Aboue 300 yeares the 129 Bart. by Creation Sr. Iohn Robinson of ye. Citty of London Alderman Kt. Bart. Leiutenant of his matys Tower of London The 494 Bart. by Creation Sr. Ralph Verney of Middle Claydon in ye. County of Bucks Kt. Bart. son to Sr. Edmund Verney Kt. Marshall to K. Charles ye. first and Standard bearer at ye. Battle of Edghill The 619 Bart. by Creation S â— Iohn Hobart of Blicklinâ— in Norfolk Barot. heire male to Sr. Henry Hobart K â— Barot. Cheife Iustice of ye. Common please who descended from the 2d son of Sr. Iames Hobart of Halâ—s in â—â—d. County Attorney Generall to King Hâ—nry ye. 〈…〉 Iohn is now maried to Mary daughter of Iohn Hampden of Hampden in Buckingham shire Esq. 〈◊〉 yeâ— â—tâ— Bart. by Creation Sr. Iohn Corbett of Stoke upon Tean and Adderley in Shropshire Bart. first maried to Theophila daughter and Coheire of Iames Cambell in Essex Esq and now to â—rances daughter of Randolph Egerton of Betley in Staffordshire Esq â— yâ— 217 Bart. by Creation Sr. Vincent Corbett of Moarton Corbett in Shropshire Bart. now maried to Elizabeth daughter of Francis Thornes of Shelvock in ye. sd. County ye. 37â— Bart. by Creation Sr. Thomas Williams of Elham Court in Coâ—â— Kent Kt. and Baronet first and principall Chymical Phâ—sitian to his maty King Châ— the 2d. the Bart. by Creation Sr. Phillip Perciâ—â—le of Burton in the County of Corke in Ireland Baronet descendâ—d from the Perciuals of North Weston near Bristoll in Somersetshire the family caâ—â— in with William the Conquerer and were â—hefore of Vile near CaeneÌ„ in Normandy Sr. Iohn Lowther of Lowther hall in the County of Westmoreland Bart. Srâ— Charlâ—s Wheâ—er of Burbury in the County of Warwick Baronetâ— anciently of Martin Husâ—ingtre in the County of Worcester the 544 by Creacion â—râ— Meâ—calfe Robinson of Newby in the North rideing of Yorkshire Bart. maried Margaret daughter of Sr. William Darcâ—â— of Witton Castle in the Bishoprick of Durham Kt. the 536 Bart. by Creation Sr. Kingmill Lucy of Nâ—tley in Huntshire Barâ—â— Second Branch of the Ancient Family of the Lucyâ— of Charleâ—oâ— in Warwickshire now Maried to Theophila 2d. daughter to the R â— honble Gâ—â—â—ge Ld. Barkley of 〈…〉 Castle the 99th Bart. by Creatiâ—◠〈◊〉 Thomas Hanmer of Hanmer Bettes fiâ—lâ— in the County of Flint Bart. descended by many Knights from Sr. Iohn de Hanmer who lived in the tyme of King Edw the first the 139 Bart. by Creation 〈◊〉 Henry Hunlock of Wingerworth in Derbyshire Bar â— in the Escocheon of pretence is the Armes of Katherine his Lady who was sole daughter heâ—râ— of â—rancis Turwhit of Kettleby of Lincolnshire Esq â— last â—f yâ— Eldest branch of that great antient family the 424 Bart. by Creation Srâ— William Glynne of Bissâ—â—â—er alias Byrcester in Oxfordshire of Hawarden in flintshire Baronet â—â—iter maried wth Penelopeâ— daughter of Stephen Anderson of Evworth in Bedfordshire Esq the 64â— Bart. by Creation â—râ— Richard Graham of Nether by in Cumberland Bart. 〈…〉 in the second son of the Earle of Monteith in the Kingdome of â—cotland who about the tyme of Kâ— Henâ— yâ— 4th of England maried yâ— Lady Anne Vere Daughter to the Earle of Oxford wch Sd. Sr. Ricâ—â—â—â— now maried to the Lady Anne 2d. daughtâ—r to Charles â—arle of 〈◊〉 the 284 Bart. by Creation Sr. IOHN â—ANKS of the Fryers in Aylesford â—â— the County of Kent Bart. now maried Elizabethâ— eldest daughter of Sr. Iohn Dethick of the Citty of London Kt. and Alderman deceasâ—d ye. 671 Bart. by Creation 〈◊〉 Iohn Shaw of Eltham in the County of Kent◠〈◊〉 Bart. now maried to Bridget Viscount 〈◊〉 Kilmurrey daughter to Sr. William Druâ—y of Bestroorp in Norfolk Bart. the 755 Bart. by Creationâ— Sr. RICHARD HEAD of the Citty of Rochester in the County of Kent Baronet the by Creation 〈◊〉 Edwâ— More of Morehall Bank hall in Lancashiâ—â—â—aâ—t. Whos 's late wife was Dorothy one of the Daughâ—â—â— Coeheirâ—s to Sr. â—ittâ— Fenwick of Meldon in Northumberland Kt. and Bartâ— by â—eabell Daughâ—â—â—â— sole heire of Sr. Arthur Grey Kt. Uncâ—â— to â—â—esent Will Ld. Grey of Warkeâ— the 689 Bart. by Creation Sâ—â— Iohn Holland of Quidenham in ye. County of Norâ—â—â—â—â—ar t dâ—scendâ—d from the Hollands of ye. Antient 〈◊〉 〈◊〉 in Lancashir Maried to Alathea daughter and Câ—heyce of Iohn Panton of Bruâ—â—shop in Denbighshiâ—â—â—â—que Reâ—ict of ye. Rt. Honerblâ— Wittâ— Ld. 〈◊〉 of the Vine in Hantshire the 188 Bart. by Creation â—râ— Anthony Aucher of Byshopsbourn in 〈◊〉 â—t. Bart. maried to one of ye. daughter oâ— Robert Hatton Kt. deceased one of the Chamberlyns of his matys Exchequâ—râ— the Bart. by Creationâ— Sr. Iohn Reresby of Thriberge in the West Rideing of Yorkshire Bart. Gouernor of Burlington in the said County the 387 Bart. by creation OF BARONETS CHAP. XIX THE lowest degree of Honour that is Hereditary is this of Baronets which was instituted by King Iames in the ninth year of his Reign Anno 1611. They are created by Patent under the Great Seal a form of which I shall here set down which are generally all of one form viz. to a Man and the Heirs Males of his Body lawfully begotten yet sometimes the Honour is otherwise entailed for want of Issue Male. And the Proeme or Argument of the said Patent being for the propagating a Plantation in the Province of Vlster in Ireland to which the aid of these Knights was ordained or for the maintenance of Thirty Souldiers each of them in Ireland for three years after the rate of eight pence sterling per diem which at first was payed into the Exchequer at a lump upon the passing their Patents which with the Fees of Honour due to Officers amounted to above One thousand pounds a Man Their Titles are to descend as aforesaid and they
in Leicestershire Kt. since a Viscout of Ireland 112 Nov. 10. Henry Salisbury of Leweney in Denbeighshire Esq 113 16. Erasmus Driden of Canons-Ashby in Northamptonshire Esq 114 28. William Armine of Osgodby in Lincolnshire Esq 115 Dec. 1. Sir William Bambury of Howton in Yorkshire Kt. Extinct 116 3. Edward Hartop of Freathby in Leicestershire Esq. 117 31. Iohn Mill of Canons-Court in Sussex Esq 118 Ian. 31. Francis Ratcliff of Darent-water in Cumberland Esq 119 Feb. 6. Sir David Foulis of Ingleby-mannour in Yorkshire Kt. 120 16. Thomas Phillips of Barington in Somersetshire Esq 121 Mar. 7. Sir Claudius Forster of Bramburgh-Castle in Northumberland Kt. 122 23. Anthony Chester of Chickley in Buckinghamshire Esq 123 28. 1620. Sir Samuel Tryon of Laire-Marney in Essex Kt. 124 April 2. Adam Newton of Charlton in Kent Esq 125 12. Sir Iohn Boteler of Hatfield-Woodhall in Hartfordshire Kt. since a Baron of England 126 13. Gilbert Gerrard of Harrow-hill in Middlesex Esq 127 May 3. Humphrey Lee of Langley in Shropshire Esq 128 5. Richard Berney of Park-hall in Redham in Norfolk Esq 129 20. Humphrey Forster of Aldermaston in Berkshire Esq 130 29. Thomas Bigs of Lenchwick in Worcestershire Esq Extinct 131 30. Henry Bellingham of Helsington in Westmoreland Esq Extinct 132 31. William Yelverton of Rougham in Norfolk Esq 133 Iune 1. Iune Scudamore of Holm-Lacy in Herefordshire Esq now an Irish Viscount 134 2. Sir Thomas Gore of Stitnam in Yorkshire Kt. 135 22. Iohn Packington of Alisbury in Buckinghamshire Esq 136 28. Ralph Ashton of Lever in Lancashire Esq 137 Iuly 1. Sir Baptist Hicks of Camden in Glocestershire Kt. now Viscount Camden in England 138 Iuly 3. Sir Thomas Roberts of Glassenbury in Kent Kt. 139 8. Iohn Hanmer of Hanmer in Flintshire Esq 140 8. Edward Fryer of Water-Eaton in Oxfordshire Esq Extinct 141 13. Edward Osborn of Keeton in Yorkshire now Earl of Danby in England 142 20. Henry Felton of Playford in Suffolk Esq 143 20. William Challoner of Gisborow in Yorkshire Esq 144 24. Sir Thomas Bishop of Parham in Sussex Kt. 145 26. Sir Francis Vincent of Stoke d' Abernon in Surrey Kt. 146 Feb. 27. Henry Clere of Ormsby in Norfolk Esq 147 March 8. Sir Benjamin Titchborne of Titchborne in Hantshire Kt. 148 May 5. 1621. Sir Richard Wilbraham of VVoodhey in Cheshire Kt. 149 8. Sir Thomas Delves of Duddington in Cheshire Kt. 150 Iune 23. Sir Lewes VVatson of Rockingham-Castle in Northamptonshire Kt. since an English Baron 151 29. Sir Thomas Palmer of VVingham in Kent Kt. 152 Iuly 3. Sir Richard Roberts of Truro in Cornwall Kt. now Baron Truro 153 19. Iohn Rivers of Chafford in Kent Esq 154 Sept. 6. Thomas Darnell of Heyling in Lincolnshire Esq 155 14. Sir Isaac Sidley of Great Chart in Kent Kt. 156 21. Robert Brown of VValcot in Northamptonshire Esq 157 Oct. 11. Iohn Hewit of Headley-hall in Yorkshire Esq 158 16. Henry Iernegan of Cossey in Norfolk Esq 159 Nov. 8. Sir Nicholas Hide of Albury in Hertfordshire Kt. Extinct 160 9. Iohn Phillips of Picton in Pembrokeshire Esq 161 24. Sir Iohn Stepney of Prendergast in Pembrokeshire Kt. 162 Dec. 5. Baldwin VVake of Clevedon in Somersetshire Esq 163 20. VVilliam Masham of High-Laver in Essex Esq 164 21. Iohn Colebrond of Bocham in Sussex Esq 165 Ian. 4. Sir Iohn Hotham of Scarborough in Yorkshire Kt. 166 14. Francis Mansell of Mudlescomb in Carmarthenshire Esq 167 18. Edward Powel of Penkelley in Herefordshire Esq Extinct 168 Feb. 16. Sir Iohn Gerrard or Garrard of Lamer in Hartfordshire Kt. 169 23. Sir Richard Grosvenour of Eaton in Cheshire Kt. 170 Mar. 11. Sir Henry Moody of Garesdon in VViltshire Kt. Extinct 171 17. Iohn Barker of Grimston-hall in Trimley in Suffolk Esq 172 18. Sir VVilliam Button of Alton in Wiltshire Kt. 173 26. 1622. Iohn Gage of Ferle in Sussex Esq 174 May 14. VVilliam Goreâ—â—g of Burton in Sussex Esq 175 18. Peter Courteen of Aldington in VVorcestershire Esq Extinct 176 23. Sir Richard Norton of Rotherfield in Hantshire Kt. 177 30. Sir Iohn Laventhorp of Shingle-hall in Hertfordshire Kt. 178 Iune 3. Capell Bedell of Hamerton in Huntingtonshire Esq Extinct 179 13. Iohn Darell of VVestwoodhey in Berkshire Esq 180 15. VVilliam VVilliams of Veynol in Carnarvanshire Esq 181 18. Sir Francis Ashby of Hatfield in Middlesex Kt. 182 Iuly 3. Sir Anthony Ashley of St. Giles-VVinborne in Dorsetshire Kt. Extinct 183 4. Iohn Cooper of Rochbourn in Hantshire Esq now Earl of Shaftsbury in England 184 17. Edmund Prideaux of Netherton in Devonshire Esq 185 21. Sir Thomas Haselrigg of Nousley in Leicestershire Kt. 186 22. Sir Thomas Burton of Stockerston in Leicestershire Kt. 187 24. Francis Foliamb of VValton in Derbyshire Esq Extinct 188 30. Edward Yate of Buckland in Berkshire Esq 189 Aug. 1. George Chudleigh of Ashton in Devonshire Esq 190 2. Francis Drake of Buckland in Devonshire Esq 191 13. VVilliam Meredith of Stansly in Deubighshire Esq 192 Oct. 22. Hugh Middleton of Ruthin in Deubighshire Esq 193 Nov. 12. Gifford Thornhurst of Agne-Court in Kent Esq 194 16. Percy Herbert ofâ— Redcastle in Montgomeryshire Esq 195 Dec. 7. Sir Robert Fisher of Packington in VVarwickshire Kt. 196 18. Hardolph VVastneys of Headon in Nottinghamshire Esq 197 20. Sir Henry Skipwith of Prestwould in Lincolnshire Kt. 198 22. Thomas Harris or Herris of Boreatton in Shropshire Esq 199 23. Nicholas Tempest of Stella in the Bishoprick of Durham Esq 200 Feb. 16. Francis Cottington of Hanworth in Middlesex Esq since an English Baron and now Extinct 201 April 12. 1623. Thomas Harris of Tong-Castle in Shropshire Esq Extinct 202 Iune 28. Edward Barkham of South-acre in Norfolk Esq 203 Iuly 4. Iohn Corbet of Sprouston in Norfolk Esq 204 Aug. 13. Sir Thomas Playters of Sotterley in Suffolk Kt. Baronets according to their Creations by King Charles the First 205 Iuly 27. 1626. Sir Iohn Ashfield of Netherhall in Suffolk Kt. 206 Sept. 8. Henry Harpur of Calke in Derbyshire Esq 207 Dec. 20. Edward Seabright of Besford in Worcestershire Esq 208 Ian. 29. Iohn Beaumont of Grace-dieu in Leicestershire Esq Extinct 209 Feb. 1. Sir Edward Dering of Surrenden-Dering in Kent Kt. 210 5. George Kempe of Pentlone in Essex Esq 211 Mar. 10. William Brereton of Hanford in Cheshire Esq 212 12. Patricius Curwen of Workinton in Cumberland Esq Extinct 213 William Russel of Witley in Worcestershire Esq 214 14. Iohn Spencer of Offley in Hartfordshire Esq 215 17. Sir Giles Estcourt of Newton in Wiltshire Kt. 216 Apr. 19. 1627. Thomas Aylesbury Esq one of the Masters of Requests Extinct 217 21. Thomas Style of Waterinbury in Kent Esq 218 May 4. Frederick Cornwallis of in Suffolk Esq 219 7. Drue Drury of 〈◊〉 in Norfolk Esq 220 8. William Skeffington of Fisherwick in Staffordshire Esq 221 11. Sir Robert Crane of Chilton in Suffolk Kt. Extinct 222 17. Anthony Wingfield of Goodwins in Suffolk Esq 223 17. William Culpeper of Preston-hall in
345 Henry Heyman of Somerfield in Kent Esq. 346 Thomas Sandford of Howgill-Castle in Westmoreland Esq. 347 14. Sir Francis Rhodes of Barlbrough in Derbyshire Kt. 348 Richard Sprignell of Coppenthorpe in Yorkshire Esq. 349 Sir Iohn Potts of Mannington in Norfolk Kt. 350 Aug. 14. 1641. Sir Iohn Goodrick of Ribstan in Yorkshire Kt. 351 16. Robert Bindlosse of Borwick in Lancashire Esq. 352 William Walter of Saresden in Oxfordshire Esq. 353 Thomas Lawley of Spoonhill in Shropshire Esq. 354 Sept. 6. William Farmer of Eston-Neston in Northamptonshire Esq. 355 9. Iohn Davye of Creedy in Devonshire Esq. 356 23. Thomas Pettus of Rackheath in Norfolk Esq. 357 Dec. 11. William Andrews of Denton in Northamptonshire Esq. 358 Iohn Meaux of 〈…〉 in the Isle of Wight Esqâ— 359 14. Sir Richard Gurney Kt. Lord Mayor of the City of London 360 15. Thomas Willis of Fen-Ditton in Cambridgshire Esq. 361 Francis Armitage of Kirklees in Yorkshire Esq. 362 18. Richard Halford of Wistow in Leicestershire Esq. 363 24. Sir Humphrey Tufton of the Mote near Maidstone in Kent Kt. 364 30. Edward Coke of Langford in Derbâ—shire Esq. 365 Ian. 21. Isaac Astley of Melton-Constable in Norfolk Esq. 366 Sir David Cunningham of London a Baronet of Scotland 367 22. Sir Iohn Rayney of Wrotham in Kent a Baronet of Scotland 368 29. Revet Eldred of Saxham Magna in Suffolk Esq. 369 Iohn Gell of Hopton in Derbyshire Esq. 370 Sir Vincent Corbet of Morton-Corbet in Shropshire Kt. 371 Feb. 4. Sir Iohn Kay of Woodsome in Yorkshire Kt. 372 5. Thomas Trollop of Casewick in Lincolnshire Esq. 373 Mar. 3. Edward Thomas of Michells-Town in Glamorganshire Esq. 374 4. Sir William Cowper of Ratling-Court in Kent a Baronet of Scotland 375 5. Denner Strut of Little-Worley-Hall in Essex Esq. 376 8. William St. Quintin of Harpham in Yorkshire Esq. 377 14. Sir Robert Kempe of Gissing in Norfolk Esq. 378 16. Iohn Read of Brocket-hall in Hartfordshire Esq. 379 Apr. 9. 1642. Iames Enyan of Flowre in Northamptonshire Esq. 380 19. Sir Edmond Williams of Marnehull in Dorsetshire Kt. 381 22. Iohn Williams of Minster in the Isle of Thanet in Kent Esq. 382 29. George Wintour of Huddington in Worcestershire Esq. 383 May 4. Iohn Borlase of Bockmer in Bucks Esq. 384 6. Henry Knollys of Grove-place in Hantshire Esq. Extinct 385 11. Iohn Hamilton of the City of London Esq 386 12. Edward Morgan of Llanternam in Monmouthshire Esq. 387 13. Sir Nicholas Kemeys of Keven-Mabley in Glamorganshire Kt. 388 14. Trevor Williams of Llangibbye in Monmoutshire Esq 389 16. Iohn Reresby of Thribergh in Yorkshire Esq 390 17. William Ingilby of Ripley in Yorkshire Esq 391 18. Poynings Moore of Loseley in Surrey Esq 392 19. Christopher Dawney of Cowick in Yorkshire Esq 393 Iune 3. Thomas Hampson of Taplow in Bucks Esq 394 Thomas Williamson of East-Markham in Kent Esq 395 William Denney of Gillingham in Norfolk Esq 396 11. Christopher Lowther of Whitehaven in Cumberland Esq 397 13. Sir Thomas Alston of Odell in Bedfordshire Kt. 398 20. Edward Corbet of Leighton in Montgomeryshire Esq 399 21. George Middleton of Leighton in Lancashire Esq 400 28. Edward Payler of Thoralby in Yorkshire Esq. 401 Iuly 9. Sir William Widdrington of Widdrington in Northumberland Kt. 402 20. Matthew Valckenburgh of Middle-Ing in Yorkshire Esq. 403 Philip Constable of Everingham in Yorkshire Esq. 404 30. 1642. Ralph Blackston of Gibside in the Bishoprick of Durham Esq. 405 Aug. 8. Sir Edw. Widdrington of Cartington in Northumberland a Scotch Baronet 406 15. Robert Markham of Sedgbrook in Lincolnshire Esq. 407 Philip Hutgate of Saxton in Yorkshire Esq. 408 Stephen Lennard of West-wickham in Kent Esq. 409 24. Sir William Thorold of Marston in Lincolnshire Kt. 410 29. Walter Rudston of Hayton in Yorkshire Esq. 411 30. Walter Wrotesley of Wrotesley in Staffordshire Esq. 412 Thomas Bland of Kippax-Park in Yorkshire Esq. 413 Sept. 1. Robert Throckmortoâ— of Coughton in Warwickshire Esq. 414 10. William Halton of Samford in Essex Esq. 415 26. Brocket Spencer of Offley in Hertfordshire Esq. 416 27. Edward Golding of Colston-Basset in Nottinghamshire Esq. 417 William Smith of Crantock in Cornwall Esq. 418 Octob. 1. Henry Henn of Wingfield in Berkshire Esq. 419 5. Walter Blount of Sodington in Worcestershire Esq. 420 14. Adam Littleton of Stoke-Milburge in Shropshire Esq. 421 Nov. 2. Thomas Lidell of Ravensholme-Castle in the Bishoprick of Durham Esq. 422 9. Richard Lawday of Exeter in Devonshire Esq. Extinct 423 Feb. 4. Thomas Chamberlaine of Wickham in Oxfordshire Esq. 424 28. Henry Hunloke of Wingarworth in Derbyshire Esq. 425 Thomas Badd of Cames-Oysells in Hantshire Esq. 426 Mar. 20. Richard Crane of Wood-Rising in Norfolk Esq. Extinct 427 21. Samuel Danvers of Culworth in Northamptonshire Esq. 428 Iuly 3. 1643. Henry Anderson of Penley in Hartfordshire Esq. 429 17. William Vavasour of in Yorkshire Esq. Extinct 430 25. Sir Henry Iones of Abermarles in Caernarvanshire Kt. 431 Aug. 1. 1643. Sir Edward Walgrave of Hever-Castle in Kent Kt. 432 Octob. 28. Iohn Pate of Sysonby in Leicestershire Esq. 433 Nov. 9. Iohn Bale of Carleton-Curley in Leicestershire Esq. 434 13. Brian Oneal in the Kingdom of Ireland Esq. 435 16. Willoughby Hickman of Gaynesborough in Lincolnshire Esq. 436 Dec. 7. Iohn Butler of Bramfield in Hertfordshire Esq. 437 Ian. 17. Edward Acton of Aldenham in Shropshire Esq. 438 Mar. 14. Sir Fran. Hawley of Buckland in Somersetshire Kt. now Irish Baron 439 Apr. 1. 1644. Iohn Preston of the Mannour in Furness in Lancashire Esq. 440 2. Iohn Webb of Odstoke in Wiltshire Esq. 441 25. Thomas Prestwick of Holme in Lancashire Esq. 442 May 4. Henry Williams of Guernevet in Brecknockshire Esq. 443 20. Gervase Lucas of Fenton in Lincolnshire Eâ—q 444 Iune 14. Robert Thorold of Hawley in Lincolnshire Esq. 445 Iuly 23. Iohn Scudâ—more of Balingham in Herefordshire Esq. 446 Octob. 8. Sir Henry Bard of Stâ—nes in Middlesex Kt. 447 Feb. 12. Sir Richard Vivian of Trelowren in Cornwall Kt. 448 28. VVilliam Van-Colster of Amsterdam in Holland Esq 449 Mar. 21. VVilliam de Boreel of Amsterdam aforesaid Esq 450 May 4. 1645. Edward Greaves of St. Leonards-Forest in Sussex Esq 451 9. George Carteret of Metesches in the Isle of Iersey Esq 452 Nov. 25. Thomas Windebanke of Haynes in Wiltshire Esq 453 Feb. 7. Benjamin Wright of Dennington in Suffolk Esq whose Patent was Superseded 454 March 6. Edward Charleton of Hesleyside in Northumberland 455 Iuly 11. Richard Willis Esq Brother to Sir Thomas Willis of Fen-Ditton in Cambridgshire Baronets created by King Charles the Second 456. Sept. 1. 1649. Richard Brown of Deptford in Kent Esq created by Letters Patents dated at St. Germans â— in France 457 3. Henry de Vic of the Isle of Garnsey Esq created by Letters Patents at St. Germans aforesaid 458 Sept. 18. Richard Forster of Stokesley in Yorkshire Esq by Letters Patents dated at St. Germans 459 Sept. 2. 1650. Richard Fanshaw Esq afterwards Master
it goeth by Seniority The Opinion of some men lately hath been That Knights Lieutenants that is to say such Knights as either have been Ambassadors in Foreign Parts or Judges within the Realm may and ought to have during their lives precedency above men of their own rank after their Offices expire and sub Iudice his est not determined by Judgment But admitting it so to be by way of Argument in that case yet the Heralds do deny that priviledge to the Lord Mayor and Aldermen of London or Justices of the Peace who have their limited Jurisdiction of Magistracy confined them but the former are generally Magistrates throughout the Realm and their employment concerneth the whole Commonwealth and having the publick Justice and Honour of the whole Estate committed unto them do more meritoriously draw from thence a great respect of Honour according to the generality of their Administration and Employments which an inferiour and more conâ—â—ned Magistrate cannot have The name of a Knight is a name of Dignity and a Degree as is the name of Duke Earl c. and in all Actions he shall be slyled Knight otherwise the Writ shall abate A Knight also must be named by both his Chriâ—tian and Surnames as Sir A. B. Knight But those Degrees honourable that are made by Patent may be named only by their Christian Names and by their Title of Honour as Gilbert Earl of Shrewsbury and that for two causes First because of their solemn Creations nomen dicitur à noscendo Secondly there is but one part of that Title of Honour within England and therefore it is certain what person he is but otherwise of Knights as it is certainly known in the 8 Edw. 4.24 a. And Prisot Chief Justice saith in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight he loseth his Name of Esquire but though a Knight be made a Nobleman or of any higher Degree he doth still retain the name of Knight and so ought to be styled in all Writs Also if a man do recover in an Action by the Name of Iohn Stiles Esq and afterwards be made a Knight he must sue his Scire Facias by the Name of Knight And this name shall not die with him for if they were bound in an Obligation by the Name of Gentlemen or Esquires and afterwards one is made a Knight and dieth the Plaintiff in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate If a Grant be made to H. D Knight when he is not a Knight it is a void Grant but if it be a Feoffment with Livery the Livery maketh it good If the Plaintiff or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiff may not have another Writ by Iourneys accompt But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted That albeit any person or persons being Justices of Assize Justices of Goal-delivery or Justices of the Peace within any of the King's Dominions or by any other of the King's Commissions whatsoever shall have the fortune to be made or created Duke Archbishop Marquess Earl Viscount Bishop Baron Knight Justice of the one Bench or of the other Serjeant at Law or Sheriff yet that notwithstanding he and they shall remain Justices and Commissioners and have full power and authority to execute the same in like manner and form as he or they might or ought to have done before the same By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth That every Writ Original of Actions personal Appeals and Indictments and in which an Exigit shall be awarded to the names of the Defendants in such Writs Oginal Appeals and Indictments shall be made the Additions of their Estate Degrees c. And a little after it is provided That if the said Writs of Actions Personal be not accordding to the Record and Deed by the Surplusage of the Additions aforesaid that for this cause they are not Iohn Sâ—iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight the Bond is forfeited W. B. by his Attorney draweth a Note or Title for an Original according to the Defendants Degree although it varies from the Original Specialty as it ought to be made by the Statute But the Cursitor mistaking did make the Original only according to such Addition as was specified in the Obligation omitting his Degree or Dignity and the Entry of the Capias alias pluris was according to the said Original But in the Exigit and Proclamation and Entry of it the Defendant was named according to his Degree of Dignity upon a Writ of Error after a Judgment doubt was If this might be amended in another Court than where the Original was mâde and at the last it was resolved by all the Court That the Record should be amended by the Cursitor and made according to the Note and Title delivered unto him by the Attorney It appeareth in our Books of Law that the highest and lowest Dignities are universal for as if a King of a Foreign Nation come into England by his Majestie 's leave as it ought to be in this case he shall sue and be sued by the Name of a King So shall a Knight sue or he sued by the name of a Knight wheresoever he received that Degree of Honour But otherwise it is as if a Duke Marquess Earl or other Title of Honour given by any Foreign King or Emperor yea although the King by his Letters Patents of safe Conduct do name him Duke or by what other Foreign Title of Dignity he hath For Experience teacheth that Kings joyned in League together by a certain mutual and as it were a natural power of Monarchs according to the Law of Nations have admitted one anothers Servants Subjects and Ambassadors graced with the Title of Knighthood Therefore though a Knight receive his Dignity of a Foreign Prince he is so to be stiled in all Legal Proceedings within England And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands thinking that it was more honourable to take Arms of some other leâ—t affection might seem to prevent Judgment when the Father gave them that Honour Thus our King Henry the Second sent unto David King of Scots and Malcombe King of Scots unto our Henry the Second and our Edward the First unto the King of Castile to take of them Military Arms For these terms and phrases they used in that Age for the Creation of a Knight And Knights in all Foreign Countries have ever place and precedency according to their Seniority of being Knighted which priviledge is denied to Noblemen for be they never so ancient in Foreign Countries they shall go below as Puisnes The Degree of Knighthood is not only a Dignity and Honour
to the party for so it is termed in Brook's Title Additions 44. but an Honour to the Kingdom And therefore it hath been an ancient Prerogative of the Kings of this Realm at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine But we see by Experience in these days that none are compelled thereunto and that is the reason wherefore if the Plaintiff be Knighted having the Writ it shall abate because he hath changed his name and that by his own Act. And for that cause also by the Common Law not only the King but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight And all Lands are subject to these Aids except only ancient Demesne and grand and petty Serjeanty-Tenures as the Law hath â—een anciently delivered And in Io. Shelden 131. where also it is said one that wrote a little after the Statute of Westminster the first allows as a good barr to the Avowry for the Tenant to plead that the Father himself is no Knight so that one not Knighted cannot claim this Ayd of his Tenants Briâ—an cap. de prices de avers And it was at the liberty of the Lord to make more or less of his Tenants by the Common Law in this Case but by the Statute of Westminster the first Chap. 35. it is put in contrary viz. forasmuch as before this time reasonable Aid to make ones Son Knight or to marry his Daughter was never put in certain nor how much should be taken nor at what time whereby some levied unreasonable Aid and more often than seemed necessary whereby the people were sore grieved It is provided that from henceforth of a whole Knight's Fee there be taken but Twenty shillings and of Twenty pounds in Land holden in Soccage Twenty shillings and of more more and of less less after that rate And that none shall levy such Aid to make his Son a Knight until his Son be of fifteen years old nor to marry his Daughter until she be of the Age of seven years And of that there shall be mention made in the King's Writs formed on the same when any will demand it And if it happen that the Father after he hath levied such Aid of his Tenants die before he hath married his Daughter the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid And if the Father's Goods be not sufficient his Heir shall be charged therewith unto the Daugher And this Aid is so incident that although the Lord do confirm unto the Tenant to hold by Fealty and certain Rent and release unto him all other Services and Demands yet shall he have the Aid to make his eldest Son a Knight But the King was not bound by the Statute aforementioned because the King was not named in the Statute Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value The intention of the Law is That an Heir until the Age of One and twenty years is not able to do Knights Service But such a presumption of Law doth give place to a Judgment of proof to the contrary as Bracton saith Sâ—abitur presumptioni donec probetur in contrarium And therefore when the King who is the Sovereign Judge of all Chivalry hath dubbed him a Knight he by this hath adjudged him able to do him Knight's Service and all men are concluded to say the contrary to it And therefore such an Heir being made a Knight either in the life time of his Father or afterwards during his minority shall be out of Ward and Custody both for his Land and Body and marriage by the Award of the ancient Common Law By reason also that the Honour of Knighthood is so great that it is not to be holden under by any yet if the King do create such an Heir within Age a Duke Marquess Earl Viscount or â—aron by this he shall not be out of Ward and Custody both for his Land and Body And therefore it is propounded by the Statute of Magna Charta chap. 3. Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in Custodia Dominorum suorum So that although such an Heir within Age be made Knight and thereby to this purpose is esteemed as of full Age yet the Land shall remain in Custody of the Lord till his Age of One and twenty years by the purview of the said Act. Question If the Son and Heir of the Tenant of the King by Knights Service c. be made Knight in Paris by the French King whether he shall be out of Wardship after the death of his Father or no for thereby he is a Knight in England Coke's seventh part b. 2 Edw. 4. fol. tamen vide in Coke's sixth part 74. b. mention is only made of Knights made by the King himself or by his Lieutenant in Ireland But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor and after the death of his Ancestor the said Heir being within Age shall in this Case be out of Ward and shall pay no value for his marriage neither shall the Lord have the Custody of the Land for in that Case by the making of him Knight in the life of his Ancestor he is made of full Age so that when his Ancestor dieth no interest either in the Body or in the Land shall invest in the Lord but the Knight may tender his Livery as if he were of full Age And in that case the King shall have primier Seisin as if he had been One and twenty years of Age at the time of the death of his Ancestor and not otherwise For the Statute of Magna Charta doth not extend unto it for the purview of it doth extend only when the Heir in Ward infra aetatem is made Knight then remanet terra in Custodia c. But when the Heir is made Knight in the life of his Ancestor then the Custody cannot remain which never had any inception or essence Also when the Heir after the death of his Ancestor within Age is made Knight if after tender made to him he within Age do marry elsewhere yet he shall not pay the forfeiture of his marriage for by the making him Knight he is out of Ward and Custody of his Lord for then he ought to be sui Iuris and may imploy himself in feats of Arms for defence of the Realm c. and therefore may not be within the Custody of another and none shall pay any forfeiture but when after any refusal he doth marry himself during the time when he is under the custody and keeping of his Lord And this doth appear by the Statute of Merton chap. 6. Si se mariturierit sine licentia
Domini sui ei conferet maritagium suum c. which words cannot be understood when he is out of Ward and Custody no more than when he is married after the Age of One and twenty years Note hereby that the King may prevent his Grantee or other Lords of the double value by Knighthood Yet in such case presently after the Heir is made a Knight after the death of his Ancestor the Lord may have a Writ de valore maritagii for the single Also by the ancient Common Law of this Realm if a Villain be made a Knight he is immediately infranchised And if a Ribald or a man of base birth and condition had struck a Knight by the ancient Law he should have lost his hand wherewith he offended But in France it was anciently adjudged that when the Lord of a Villain had Knighted his Villain being a Gentleman he became free and had his Honour lawâ—ully but if another Lord had Knighted him nothing had been wrought by it for none could manumit him but his Lord and till Manumission or Knighthood he had civil freedom for his ground but was not capable of it except by the King only It was enacted by Parliament in the sixth year of the Reign of King Iohn in haec verba Rex Vicecom c. Sciatis quod consensum est cum assensu Archiepiscoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis armis ad defensionem Regni nostri There hath ever been and still is great use of the Services of Knights even in Civil Affairs and concerning matters of Justice as in a Writ of Right which is the highest Writ in Law for trial of Titles touching the Inheritance of Lands the Tenant is at his Election to have his Trial by great Assize or else by Battel if by the great Assize the Writ De magna Assiza eligenda shall be thus viz. Rex Vicecomiti salutem c. Summone as per bonos summonitores quatuor legales Milites de Comitatu tuo quod sint coram Iusticiariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sacramentum suum 12 de militibus de visum de N. qui melius sciant velint dicere veritatem adfaciendam recognitionem magnae assurae inter A. petent B. tenent de uno messuagio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram petit recognitionem fieri utrum eorum habent jus in messuagium praed B. qui tunc sit ibi auditurus illam electionem habeas ibi nomina praed milit ad hoc breve c. And upon the Return of this Writ those four Knights must appear gladiis cuncti Dier 79. fol. 103. If the Tenant make his Election by Battel each parties are to choose their Champions and the Court shall award the Battel and the Champions shall be at Mainprize and sworn to perform the Battel at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain Ground there quadrant that is to say every way sixty foot square and the Place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Clothes which belong to their Court at Westminster and a Barr shall be there made for the Serjeants at Law and the Robes of the Justices and Serjeants shall be of Scarlet with their Coifs on as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes And the Demandant first was solemnly demanded and did not appear whereupon the Manuperors of the Champion were demanded to bring forth the Champion of the Demandant who came into the place apparelled with red Sandals upon his black Armour bare legged from the Knee downwards and bare headed and bare Arms to the Elbows being brought in by a Knight namely Sir Ierom Bowes who carried a red Battoon of an ell long tipped with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists until they came to the midst of the Lists and then came towards the Barr before the Justices with three solemn Congies and there was he made to stand on the South side of the place being the right side of the Court And after that the other Champion was brought in in like manner at the South side of the Lists with like Congies by the hands of Sir Henry Chequie Kt. c. and was placed on the North side of the Barr and two Serjeants being of the Counsel of each part in the midst between them This done the Demandant was solemnly called again and appeared not but made default Bowham Serjeant for the Tenant prayed the Court to record the Nonsuit quod factum fuit And then Dyer Chief Justice reciting the Writ and Content and Issue joyned upon the Battel and the other of the Champions to perform it and the prefiction of this day and place did give final Judgment against the Demandant and that the Tenant should have the Land to him and to his Heirs for ever and the Demandant and his Pledges de prosequendo in misericordia Reginae And afterwards solemn Proclamation was made that the Champions and all others there present which were by estimation above Four thousand persons might depart every man in the peace of God and the Queen sic fecerunt cum magno clamore vivat Regina Also if false Judgment be given in the Country which is the Sheriffs Court then the Writ shall be thus Henricus c. Vicecomiti Lincoln salutem Si A. fecerit c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem Will B. tenentem de uno messuagio centum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fuisse Iudicium in eodem Record illud habeas coram Iusticiariis Iuris apud Westminsterium tali die sub sigillo tuo per quatuor legales Milites ejusdem comitatus illos qui Recordo illi interfuerunt summoneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum illud habeas ibi sua nomina quatuor militum hoc breve Fitz. Nat. Brev. itidem E. And those four must be Knights indeed Also the Justices upon consideration of the usual words in every Writ of Venire Facias Coram c. Duodecim tum Milites quam alios liberos legales homines c. say that these words tum Milites were not at the first put into the Writ without effect Plowden 117. b. For it seemeth that in diebus
Scots have ever since bore in their Ensigns and Banners the Figure of the said Cross which is in fashion of a Saltier And from hence 't is believed that this Order took its rise which was about the year of our Lord 810. For King Hungus and Achains Confederates against Athalstan went bare-footed in a devote way to the Kirk of St. Andrew to return thanks to God and his Apostles for their Victory vowing for themselves and their posterity ever to use the said Cross in their Ensigns in any warlike Expedition The principal Ensign of this Order is a golden Collar composed of Thistles intermixed with Annulets of Gold to which hangs the figure of St. Andrew with his Cross and this Epigraph Nemo me impune lacessit But for their common Ensign they wore a green Ribon to which hung a golden Thistle crowned with an Imperial Crown within a Circle of Gold with the said Epigraph Their grand meeting was annually on St. Andrews day in the Church of the Town so called and during the Solemnity of the Feast these Knights which were in number Thirteen in allusion to our Saviour and the Twelve Apostles were richly apparelled and in their Parliament Robes having embroidered on their left Shoulders St. Andrews Cross within a blew Rundle and in the Center of the said Cross was a Crown composed of Golden Flower de lis Having thus treated of the several Degrees of Knighthood which are or have been used amongst us In the next place I shall give the Reader an account of divers Degrees of Knighthood in other Kingdoms although many of them are now Extinct ORDERS OF KNIGHTHOOD Which are or were Instituted in PALESTINE AND OTHER Parts of ASIA CHAP. XXIV Knights of the Holy Sepulchre in Ierusalem THIS Order of Knighthood is held to be the most ancient of all those Orders that took their beginning in the Holy Land and is said to be instituted about the time that the Temple of Ierusalem was regained from the Sarazens which was in Anno 1099. Some Authors say That Philip King of France was the first Instituter of this Order but Favin saith that it was Baldwin the first King of Ierusalem who made the Regular Canons which then resided in a Convent near adjoyning to the said Sepulchre Knights of the said Order whose chief Duty was to guard the Holy Sepulchre to relieve and protect Pilgrims to fight against the Sarazens and Infidels and to hear Mass every day The Armorial Ensign belonging unto them was two red Crosses united into one When the Christians were expelled the Holy Land these Knights settled themselves at Perugia in Italy But by the Bulls of Pope Innocent the Eighth Anno 1484. they and all their Goods were annexed and joyned to the Knights Hospitallers then residing at Rhodes Knights Hospitallers of St. John Baptist in Jerusalem called Knights of the Rhodes now of Malta SOmewhat before the Christians took the City of Ierusalem from the Sarazens certain Christian Merchants of Naples who traded to these parts obtained leave from the Caliph of Egypt who had then the Government thereof to dwell near the Sepulchre of Christ and to erect a small House for the entertainment of themselves and Pilgrims and called it The Hospital of Christians together with a small Oratory dedicated to the blessed Virgin Mary After that the number of Christians increasing they built another House for Women and dedicated it to St. Mary Magdalen and at length they built a more large House which they dedicated to St. Iohn Baptist the others being too small for the entertainment of Strangers that thither came for Devotion and here they entertained and cured the diseased amongst them And for their Religion Charity and Hospitality they began to become eminent and having took St. Iohn Baptist for their Patron they obtained the title or name of Brethren Hospitallers of St. John Baptist of Jerusalem Then received they the regular Habit of black with a white Cross on the Garment near their left Shoulder and vowed Obedience Poverty and Chastity This Order is said to be first instituted in Anno 1099. by one Gerard of the Province of Tholouse a man of a holy life and had large priviledges conferred upon them by King Baldwin the first who created them Knights and permitted them to use Arms and to fight against the Sarazens and Infidels for the Defence of the Christian Faith and to be Guardians of the Holy Sepulchre At this time they acknowledged their Obedience to the Patriarch of Ierusalem but growing in wealth they obtained the favour of the Pope to be absolved from their Obedience and was by Pope Adrian the fourth received under the protection of the Papal See Gerard being dead they elected one Raimond for their Rector or great Master to whom authority was given that he should govern and command all Knights of this Order wheresoever dispersed This Gerard after he had digested and enlarged their Laws and Institutions divided that whole Body into three Classes to wit Knights Ecclesiasticks and Servants And since which time the succeeding Great Masters have much added to their Priviledges and Dignities and his Title is now The Illustrious Prince of Malta and Goza Saladine having made himself Master of Ierusalem these Knights retired to the City of Acres which being also taken they seized upon the Isle of Rhodes where they continued as Masters until forced thence by Solyman the Great in Anno 1522. After which they betook themselves to the Isle of Malta which with Tripoli and Goza were granted to them by the Emperour Charles the â—ifth Anno 1530. and the same year was confirmed to them by Pope Clement the Seventh and in this Isle they yet continue and are as a Bulwark to that part of Christendom Knights Templars ABout the year 1118. Hugo de Paganes Godfrey de St. Omer with seven other Gentlemen out of Devotion went into the Holy Land where they determined to erect and enter into a Brotherhood and being come to Ierusalem they consulted what they should do though to the hazard of their Lives that should be a service acceptable to God and praiseworthy of men And being informed that in the Town of Zaffo there resided many Thieves that used to rob the Pilgrims that resorted to the Holy Sepulchre they resolved to make the passage more free by destroying or dispersing these Robbers And for the encouragement of these Gentlemen in so good an undertaking the King assigned them lodgings in his Palace adjoyning to Solomon's Temple from which place they were called Knights Templars And the King and Patriarch finding their Actions very successful furnished them with many necessary Provisions And although their charitable Service made them acceptable unto all yet for the first Nine years they were in so great a strait that they were forced to take the Charity of well disposed people however there resorted unto them many Christians so that their number was much encreased And there being all this while no
Habit or Order assigned them Pope Honorius at the request of Stephen Patriarch of Ierusalem prescribed unto them an Order of Life whereby they were to wear a white Garment and Pope Eugenius added thereto a red Cross and in the presence of the said Patriarch they made their Vows of Obedience Poverty and Chastity and to live under the Rule of Regular Canons of St. Augustine Being thus entred into an Order they elected an Head or Great Master and in process of time through the daily encrease of their number and their famous enterprizes not only for securing the passages but also for waging War both by Sea and Land against the Infidels they became highly favoured of the Christian Princes who assigned to them great Revenues to be spent in God's Service and in process of time they became exceeding wealthy and powerful so that they grew proud and withdrew themselves from the Obedience of the Patriarch of Ierusalem and joyned with the Pope But in the end they found not the favour from the Pope as they expected for by him or through his consent upon some infamous crimes charged against them their Lands and Possessions were seized upon and otherways disposed of their Order suppressed and they themselves imprisoned condemned and cruelly executed but according to the Opinion of many Authors they were unjustly accused by subornation of Witnesses meerly to gain their Revenues which according to Dr. Heylin were exceeding great having no less than Sixteen thousand Lordships in Europe Knights of St. Lazarus THis Order at the first Institution was only a Brotherhood of Religious Monks and became an Order of Knighthood in or about the time of St. Basil being first instituted upon a most charitable account to wit to take care of persons infected with the Leprosie which was a Disease very frequent in the Eastern parts by reason of which they were separated from the Society of men and had assigned to them a famous Hospital in Ierusalem called St. Lazarus for the reception of Lepers And through the incursion of the Sarazens and Barbarians in these parts this Order was as it were extinguished but when the Latin Princes joyned together in a Holy League to expel them the Holy Land these Religious Men entred into a Martial Discipline and performed great Service insomuch that they gained great fame and esteem of Baldwin the second King of Ierusalem in whose time this Order much flourished under the Government of a Great Master And about the year 1150. they made their Vows of Obedience Poverty and Chastity before William Patriarch of Ierusalem and submitted themselves to the Order of St. Benedict They also constituted several Orders to be observed amongst them viz. to wear a green Cross and that all before they entred into this Knighthood should prove themselves born in Wedlock of Christian Parents and to be a Gentleman by the Fathers and Mothers side also to be of an unblameable life and conversation and to perform daily certain Religious Ceremonies Knights of St. Bass. THese Knights were founded under the Rule of St. Basil and were also called Knights of St. Mary Their Garment was skie colour with a gold Cross which they wore before their breast having in the midst thereof the picture of St. Basil their Patron and were Officers and Servants to the Kings of Armenia Knights of St. Katharine at Mount Sinai THE reason of the Institution of these Knights which was about the year of Christ 1063. was to guard and defend the Sepulchre of St. Katharine their Patron whose Body is said to be buried in Mount Sinai near to which place a Monastery was erected and dedicated to her Name to secure the passage for Travellers who came thither for Devotion sake and to entertain them during their abode They lived under the Rule of St. Basil the Great vowed Obedience to the Abbot of this Monastery and wore a white Garment But when the Turks became Masters of these parts this Order of Knighthood suffered very much notwithstanding some Remains of the Order doth yet continue Knights of the Martyrs in Palestine THese Knights followed the Rule of St Basil and wore on their Garments a red Cross in the midst whereof within a Circle was the Figures of Cosmas and Damianus their Saints and Patrons who were martyred Their Hospital or place of abode bore the name of their Saints where they exercised all Acts of Charity to sick Strangers and people in necessity to redeem Captives taken by the Sarazens and to bury the Dead ORDERS OF KNIGHTHOOD IN SPAIN Knights of the Oak in Navarr THE Inhabitants of the Kingdom of Navarr being almost over-run by the Moors notwithstanding their great Army raised to oppose them for that they wanted an experienced General to command them at length one Don Garcia Ximenes who had betook himself to a religious and solitary Life was perswaded to take upon him that Command which was about the year of Christ 722. And as he was marching out of the City to fight the Moors there appeared to him from the top of an Oaken Tree the sign of the Cross which was adored by an innumerable quantity of Angels In this Battel he gained so signal a Victory that the people elected him their King and shortly after he instituted this Order of Knighthood investing therewith the Nobles and persons of Renown in his Kingdom whom he obliged to defend the Christian Faith and to own Obedience to him and his Successors Kings of Navarr The Habit that he assigned them was a white Garment having thereon a plain red Cross set on the top of an Oaken Tree in its Verdure Knights of the Lilly in Navarr GRacius King of Navarr the sixth of that Name lying in a languishing and sick Condition sent to St. Saviour de Lyra and other places of Devotion to the end that prayers might be made for his Recovery In which time in the City of Naiera where he kept usually his Court there was found the Image of our Virgin Mary issuing out of a Lilly holding her Son betwixt her Arms and suddenly after if you will believe the Story the King not only recovered his health but divers other Miracles were done on diseased people in that place and in honour whereof the King in Anno 1048. erected this Order which consisted of Eight and thirty of which himself was Sovereign as were his Successors to be after him The Badge which these Knights daily wore on their Breasts was a Lilly embroidered in Silver and on Festival days they wore a double Chain of Gold interlaced with Letters M. after the manner of a Gothish Letter with an enamelled Lilly in an Oval Medal hanging at it and their Habit was white Knights of the Band. THIS Order was first erected by Alphonso King of Spain in Anno 1368. and for this reason The King considering that he had many Enemies to deal with for his better security thought it convenient to institute an Order of Knights making himself
Master thereof which he did a little before his Coronation in the City of Burgos in great Solemnity the whole Night being spent in the Monastery of St. Mary Royal in watching and prayer and the day following after Mass they were invested with a red Ribon of about three Inches broad which went cross their left Shoulders like our Knights of the Bath being the Badge from whence these Knights took their Name Their Articles are at large set down by Sir William Segar which being too many to repeat are here omitted Knights of the Dove in Castile THIS Order according to Favin was first instituted by Iohn the first King of Castile about the year 1379. in the City of Segovia The Collar of this Order was composed of peeces which represented the figure of the Sun in his Glory to which hung a golden Dove enamelled white and encircled with rayes But the King dying the same year and before it was well received it became of no great esteem Ordo de la Scama in Castile JOHN the second King of Castile for the stirring up his Nobles to assist him in his Wars against the Moors in Anno 1420. did erect this order which took so good effect that in a short time the Moors were subdued Their Ensign according to Ios. Micheli was a Cross composed of Scales of Fâ—shes from which it seemeth to have took its Name for Scama in the Spanish signifies the Scale of a Fish These Knights were obliged to fight against the Moors to accompany the King in the Wars and to die in the defence of the Christian Religion Their Rules and Statutes for their Government were ordained by the said King upon whose death this Order lost much of its splendor Knights of the Lilly in Aragon THIS Order was erected by Ferdinand King of Aragon in Anno 1403. and dedicated to the honour of the blessed Virgin in token of a signal Victory which this King obtained against the Moors The Collar was composed of Bough-pots fill'd with white Lillies interlaced with Griffons Knights of Mount-joy THIS Order was first instituted in the Holy Land for the securing these parts against the Moors and Sarazens and lay in Garison in a Castle built on the point of a Mountain near Ierusalem And after the loss of the Holy Land these Knights retired into Spain and performed good Service against the Moors but in process of time this Order fell to decay and were incorporated into the Order of Calatrava Their Habit was a red short Mantle and on their Breasts they wore a white Star with five Rayes They observed the Rule of St. Benedict which afterwards was changed to that of St. Augustine and vowed Poverty Chastity and Obedience Knights of Acon or Acres IN the City of Acon these Knights resided where they used all Duties of Charity to Pilgrims that went to the Holy Land They assumed the exercise of Arms in imitation of the Knights Hospitallers They followed the Rule of St. Augustine and wore a black Garment whereon was a white Cross Pattee but Ios. Micheli Marquez saith it was a red Cross and in the midst thereof stood the figures of St. Iohn and St. Thomas After the City of Acon was taken they removed into Spain where they flourished receiving great favour from Alphonsus the Astrologer K. of Castile but after his death by little and little they decayed and in the end were united to the Knights Hospitallers Knights of St. James in Galicia THIS Order of Knighthood called by the Spaniards Cavalieri di san Iago is of great esteem amongst them and was first erected upon this occasion When the Arabians had almost subdued the Country the remainder of the Spanish people refusing to live under the Obedience of so barbarous a Nation retired unto the Mountains of Asturia where they settled a Government and after their abode there some few years certain Nobles or Gentlemen of great quality to the number of Thirteen upon a serious consultation to regain their Country resolved to enter into a Fraternity and to begin a War against the Moors and Barbarians The Ensign which they wore was a red Cross in form of a Sword with an Escallop Shell on it in imitation of the Badge of the Pilgrims that go to Ierusalem to the Sepulchre of St. Iames the Apostle They elected one chief Governour who was called Great Master who with the Thirteen other Knights had power to choose or remove any Knight at their discretion and to make Statutes and Orders for the well Government of the said Society at their Day of Meeting which is Annually on the Feast day of All-Saints in great State having large Revenues to support their Grandure this Order being esteemed the chiefest in Spain Knights of St. Saviour in Aragon DON Alphonso for his better enabling to force the Moors out of Aragon about the year of our Lord 1118. did erect this Order electing a certain number which he chose out of those Spanish and French Nobles that assisted him in his Wars against the Moors which Honour engaged them to pursue the War against them the more vigorously The Moors being subdued King Alphonso established these Knights in the place of the Knights Templars in Montreal and had a rule of living somewhat conformable unto them save only to marry and were obliged to support and defend the Holy Church and Christian Faith against the Moors Their Habit was a white Mantle and on their Breast they wore a red Cross. But when the Moors were expelled being the chief end for which they were instituted these Knights were laid aside or at leastwise not regarded and their Revenues joyned to the Crown Knights of St. Julian de Pereyro or of Alcantara THese Knights take their name from the place of their Institution viz. the City of Alcantara in Castiglia seated on the Tago where they had a stately Church and were richly endowed They had many Priviledges and Orders observed amongst them their Habit was a black Garment having on the Breast a green Cross and their first great Master was Ferdinando the Second King of Leon and Galicia about the year of our Lord 1176. Knights of Calatrava in Castile THIS ancient Order was first instituted by Don Sanchio the third King of Toledo about the year of Christ 1158. and took its Name from the Castle Calatrava which is a Frontire both of Toledo and Castile which place the Moors took upon their Victory they obtained against Don Rodrigro King of Spain in Anno 714. but after above Four hundred years continuance they were forced thence and the place given to the Knights Templars by Don Alphonso Emperor of Spain to be maintained as a Garison against the Incursion of the Moors but they not being able to maintain and defend it withdrew their Garison upon which lest the Moors should become Masters of it again the King by his Charter gave the said Castle and Village to one Don Raymund formerly a Knight of great Fame and
then Abbot of St. Mary de Fitero who fortified it and began the said Order of Knighthood which flourished very much and became exceeding powerful so that the Moors durst not make any further Attempt The Habit that they wore was a black Garment with a red Cross on their Breast and had many great Priviledges and as great Possessions in divers places of Spain Knights of Truxillo or Trugillo THIS Order took its appellation from the City of Trugillo seated in Estremadura in Spain but as for the time of its Institution Writers are silent in but certain it is they were in being in the year of our Lord 1227. for one Don Arias Perez Dallego then Master of the Order took this City from the Moors and there settled a Brotherhood of Knights and Priests who lived after the manner of a Convent but what was their Badge or Habit and what Orders were observed amongst them is also not certainly known Knights of our Lady and of St George of Montesa in Valencia THese Knights took their rise from the dissolution of the Knights Templars in Valencia and were instituted by Iames the Second King of Aragon and Valencia in Anno 1317. for the better defence of his Kingdoms against the Inroads of the Moors but were subject to those of Calatrava before spoken of The place assigned them for their abode was at Montesa where they had a Colledge built and dedicated to St. George by the Pope at the instance of the King The Statutes of the Order are the same as those of Calatrava they vowed Conjugal Chastity their Habit was white with a plain red Cross and their first Master was Guilielmus de Eril a valiant Souldier Knights of St. Mary de Merced in Aragon JAMES the First King of Aragon although for his Conquests against the Moors was Surnamed the Invincible yet had he the ill fate to be a Prisoner to Simon Earl of Montfort in France where he suffered many troubles and indured great hardship which made him throughly sensible of the Miserie 's the Christians indured under the tyranny of the Moors Whereupon he made a Vow to the blessed Virgin Mary that when he was freed from his Captivity he would endeavour the Redemption of the Captive Christians And being set at liberty he heaped up great Sums to be imployed accordingly and by the advice of Raymond de Penafort his Confessor a Dominican Frier and Pedro Nolasco a Noble Cavalier he founded an Order of Knights in Barcelona called la Neuva Merced so named by the blessed Virgin who in a Vision appeared at one and the same time in one Night to the King to Raymond and Nolasco giving this Order its Name and directing them in the whole Institution because of the great good which the Christian Captives should receive by this means This Order was founded in Anno 1218. and their Feast day for the celebrating the same was Annually on St. Laurence the Martyr in August Their Habit was a Coat and Scapular of Ordinary white Cloth and garnished with Ribons and Cordons wherewith they fastned it about their Necks and from the upper part thereof was a Cap that covered half their Head but the Monks wore their Coats and Scapulars much longer than the Knights These Knights professed Conjugal Chastity and Obedience to their Superiors The first General or Master was Pedro Nolasco who was sent into the Kingdom of Valencia to redeem Captives which Journey proved so successful that in the space of six years he ransomed no less than Four hundred nor cease they to send abroad their Agents to Algier Fess and other places for Redemption of Christian Captives And being an Order thus Charitable great sums of Money are Annually collected and put into their Hands for that use and few die of any account in Spain but bequeath a Legacy to this Order insomuch that they have great Revenues Knights of the Rosary in Toledo â— THE Country of Toledo being grievously oppressed by the Moors Roderick Archbishop thereof assembled together the Nobles and Chiefs of the City and told them of the great necessity to give their assistance for the defence of the Country and the extirpation of the Moors which they readily imbraced and many of the Nobles entred into this Order which was instituted for the defence of the Catholick Religion to fight against the Moors and to say continually a Rosary of the blessed Lady They were of the Dominican Order and their Ensign was the figure of our Lady of the Rosary upon a Cross flory quarterly Argent and Sable ORDERS OF KNIGHTHOOD IN FLANDERS Knights of the Golden Fleece called Toizon d'Or THIS Order of Knighthood was instituted by Philip Duke of Burgundy and Earl of Flanders in Anno 1429. being moved thereto with devout Zeal to undertake the Conquest of the Holy Land The Patron of this Order was St. Andrew The Sovereign he to whom the Dukedom of Burgundy doth lawfully descend The number of these Knights at the first Election were Four and twenty besides the Sovereign all of Noble Blood which were afterwards much increased by the Emperor Charles the Fifth Their Habit a Cassock of crimson Velvet and over it a Mantle of the same lined with white which openeth on the right side and is turned upon the left over the Shoulder embroidered round about with a Bordure of Flames Fusils and Fleeces and a Hood of crimson Velvet on their Heads The Collar is of Gold wrought of Flames and Fusils with the Toizon or Figure of a Golden Fleece which Iason won at Colchos or as some suppose Gideon's Fleece which signifies Fidelity or Justice uncorrupted And this Collar or Toizon they are obliged upon a Penalty always to wear not to make any alterations and to sell or exchange it is deemed most unlawful The Sovereign hath in himself authority absolutely to give and bestow this Honour when and to whom he pleaseth And whosoever entreth into the said Dignity must first renounce all other Orders of Knighthood nevertheless all Emperors Kings and Dukes are excepted unto whom it is dispenced that they may wear the Ensigns of this Order if they be the chief of their own Order These with other Statutes and Ordinances the Knights are sworn to observe and keep The day of their Assembly was first on St. Andrews day which since was changed to the Second of May and that but once in three years unless the Sovereign otherwise pleaseth To this Order doth belong four principal Officers viz. a Chancellor a Treasurer a Register and a King at Arms called Toizon d'Or ORDERS OF KNIGHTHOOD IN PORTUGAL Knights d' Avis IN the Year of our Lord Don Alphonso Henriquez first King of Portugal gained from the Moors the City of Evora and for the fortifying and securing of this Garison he sent thither several brave Commanders who took upon them the Title of Knights of St. Mary of Evora who not long after were called Knights d' Avis from a Castle of that Name
seated on the Frontiers of Portugal which the King gave to Ferdinando de Yannes Master of Evora to which Castle he and his Brethren removed from Evora The Badge of this Order is a green Cross flory like those of Calatrava They took upon them the Rule of St. Benedict and none were to be admitted into this Order but such as were Gentlemen by the Fathers and Mothers side two Descents Knights of the Wing of St. Michael DON Alphonso Henriquez King of Portugal being sorely oppressed by Albara the Moor King of Savil for the freeing his Country raised an Army and before he gave them Battel commanded all his Souldiers to pray to their particular Saints for happy Deliverance and the King offered up his Prayers to St. Michael the Arch-angel being the Saint he was much devoted unto When the Armies were engaged St. Michael as the Story goes appeared on the King's right side and fought against the Moors who were routed and lost the day And in Commemoration of this great Victory at his return home which was in the Year of our Lord 1171. or thereabouts he instituted this Order of Knighthood who for their Badge had a red Sword cross'd with Flowers de lis and this Motto Quis ut Deus These Knights before their growing out of use were of the Cistertian Order followed the Rule of St. Benedict and by their Obligation were to secure the Borders of the Countries against the Incursions of the Moors to defend the Christian Religion and to succour the Widows and Fatherless Knights of St. James THE Portugals being still oppressed by the Moors the King Don Denys the Sixth out of his great affection to relieve his people did in the year of our Lord 1310. institute this Order and by the Assistance of these Knights which were victorious in divers Battels at length he quitted his Kingdom of them for which signal Service they had many priviledges conferred upon them by the King which caused them much to flourish They profess Conjugal Chastity Hospitality and Obedience Their Ensign is a red Sword like that of St. Iames in Galicia Their Habit is white and none are to be admitted until they have proved their Gentility by Blood Knights of Christ. THE Knights Templars being dissolved and their Estates confiscated Don Denys King of Portugal sent to Pope Iohn the Two and twentieth to desire that an Order of Knights might be instituted in Castro Marin which was a Frontier Town of the Enemy and very commodious for the building a Fort for the resisting the Neighbouring Moors which did much annoy his Kingdom which request seemed so reasonable that the Pope in Anno 1319. instituted this Order commanding that they should observe the Cistertian Order and enjoy the same Priviledges and Indulgences formerly granted to their Great Master and Knights that they should take the Oath of Fidelity that all the possessions in the Kingdom of Portugal formerly belonging to the Knights Templars should belong to these Knights who were obliged to make War against the Neighbouring Moors Their Habit was black with a Cross Pattee Gules charged with another of Argent which they wore on their Breasts ORDERS OF KNIGHTHOOD IN FRANCE Knights of Iesus Christ. THIS Order of Knighthood was instituted in Anno 1206. by St. Dominick chiesly to fight against the Albigenses or Hereticks and prescribed to them a white Habit with a Cross flory quarterly Sable and Argent to be worn upon their Breasts and that they should elect a Master and this Order was approved of by Pope Innocent the Third in Anno 1215. They professed Obedience and Conjugal Chastity When their business was ended for which they were instituted they laid away their Arms and wholly devoted themselves to a Religious Life and admitted into their Society Widows and Virgins Knights of the Passion of Iesus Christ. THIS Order was instituted by Charles King of France and Richard the Second King of England for the Re-conquest of the Holy Land the overthrow of the Enemies of Christ and the advancement of the Catholick Faith amongst the Eastern people In the chief Convent of the Holy Chivalry which was to be beautified with stately Structures as Palaces a Castle a Church and to be richly endowed and in common amongst them that they might the better follow the Exercise of their Arms and other Duties all things of publick Concernment were to be heard and debated in the presence of the King by five sufficient Counsels The two principal Officers of the Chivalry were first the Grand Justiciary who had the disposal of all chief Offices and Places and to whom belonged the Judgment of all criminal Affairs and next the Grand Bailiff who was to administer both Civil and Criminal Justice besides several other Officers of a lower degree as the Potestate the Senator of the General Chapter the Ten Executors of Justice and the Charitable Commissaries c. And for their better living according to the Rules of Order they were to vow Obedience Poverty and Conjugal Chastity The Habits which these Knights were appointed to wear was a civil coloured Cloth Coat which should reach down half way their legs which was to be girt about them with a Girdle of Silk or Leather about two fingers broad a red Cap and over the said Coat a Mantle of white Cloth or Stuff with a red Cross of Cloth or Serge about two fingers broad which was on the Breast from the top to the bottom and so round the Waist The number of these Knights were to be about One thousand and each Knight was to have his Esquire armed at all points with three Varlets one to carry his Helmet and Launce another to carry his Mail and the third to lead his Sumpter and in time of Peace two or three Horses and Servants according as the Ability of the Chivalry would allow But although this Order was erected upon so good a Design yet no great progress was made therein for it died almost in its birth Knights of the blessed Virgin Mary of Mount Carmel KIng Henry the Fourth being desirous to have a new Order of Knighthood made his application to Pope Paul the Fifth who in Anno 1608. confirmed this Order and prescribed divers things according to the desire of the King necessary to the Institution and further ordained Pensions to the Great Master and Knights out of certain Ecclesiastical Benefices in several places in France Upon this the Commandaries and Hospitals of St. Lazarus in France were disposed of for the maintenance of these new erected Knights and those Knights of St. Lazarus that remained in the said Kingdom were joyned unto these These Knights by their Institution are to be choice Gentlemen of France whose Duty is to attend the King's person upon any Expedition of War they also are to fight against the Enemies of the Roman Church and they vow Obedience and Chastity This Order consists of One hundred Their Feast is celebrated Annually on the Sixteenth of Iuly
The Badge of their Order is a Cross of eight points of a tawny or violet colour with a white Bordure sewed on the left side of their Cloaks and the figure of the Virgin Mary of Mount Carmel placed in the midst within a Rundle encircled with Rayes of Gold all wrought in curious imbroidery They also wear about their Necks in a tawny Ribon the like Cross of Gold enamelled Knights of St. Michael THIS Order was erected by Lewis the Eleventh in Anno 1469. whereinto himself with others the most principal Peers of his Kingdom of France did enter And the Reason that did occasion the King to erect this Order was in memory of an Apparition of St. Michael upon the Bridge of Orleance when that City was besieged by the English at which time as Histories relate lived a certain Maiden called Ioan of so rare a Wit and Valour in Arms that she was reputed more than a mortal Creature leading an Army her self in the Field against the English for which good Service when the English had vanquished her Army and took her Prisoner they in Revenge caused her to be burnt for a Witch in the Market place of Orleance in which place is since erected a Conduit to her Memory This Order is ornified with a great Collar whereto hangeth the figure of St. Michael The Sovereign of this Order is the French King and his Successors The number of these Knights at first were Six and thirty which of late years is much encreased which doth much eclipse its lustre The place of their general Assembly was at the Church on Mount St. Michael every Michaelmas day To this Order belongeth a Treasurer Chancellor Register and a Herald named Monsanmichaele Their Habit as now used is as followeth first Doublet Hose Shoes Scabard with the band of his Cap and Feather all white his Surcoat Cloth of Silver with the Sleeves on over that a Mantle also of Cloth of Silver tied over the right Shoulder and turned up over the left and bordered about with a rich embroidery of Cockles and Knots and over all the Collar of St. Michael Knights of St. Esprit or of the Holy Ghost THIS Order was instituted by Henry the Third of France in Anno 1578. in honour of Whitsunday on which day at an Assembly of Estates General of Poland together with those for the Dutchy of Lithuania he was elected King of Poland and afterwards upon the same Day and Feast he was called and accepted of for their King The number of persons contained in this Order is said to be One hundred besides the Sovereign which is always to be the King In which said number are comprehended four Cardinals five Prelats the Chancellor Provost Master of the Ceremonies great Treasurer and Scribe who are called Commanders Their Grand Feast is Annually celebrated the first of Ianuary in the Church of the Augustine Friers in Paris but if the King cannot be there present then it is to be celebrated where he shall personally be and in the greatest Church there being divers Ceremonies to be observed by them in the celebration thereof which are set down by Sir William Segar pag. 88. Their Robe is like that of St. Michael only of black Velvet embroidered all about with Gold and Silver of Flower de lis and knots of Gold between sundry Ciphers of Silver and flames of Gold seamed also garnished with a Mantle of green Cloth of Silver wrought over with the same manner of Embroidery and both lined with Orange-coloured Satan Their Hose and Doublet is white their Bonets black with white Plumes Their great Mantle they wear turned up over the left Shoulder and open on the right And over all the Collar wrought of the same embroidery-Work on which hangeth a Cross with the figure of a Dove in the center thereof Note that these five Orders viz. that of the Garter in England that of the Toizon in Flanders that of St. Michael in France that of the Annunciation in Savoy yet to treat of and this of St. Esprit are reputed most honourable and in token of their excelling all other Degrees of Knighthood are adorned with great Collars Knights of the Order of the Genet THIS Order by Favin is esteemed the first in France which was instituted about the year of our Lord 726. by Charles Martel high Steward of France in memory of that famous Battel fought near Tours where about Three hundred eighty five thousand Sarazens and Moors together with their General Abdiramo were slain and the said Charles to reward those that valiantly behaved themselves in the said Battel erected this Order of Knighthood which consisted of Sixteen to whom he gave Collars of Gold made of a Triple Chain enterwoven with enameled red Roses at the end whereof hung a Genet of Gold enameled black and red upon a bank of Flowers fairly enameled Aubertus Meraeus saith these Knights have other Ensigns belonging unto them as a Ring after the manner of the Romans and certain Habits for the Body The reason why this Order was so called was from a great many neat shaped Horses called Genets of which a great part of the Founders Chivalry was said to consist But others say it took its name from the great store of Genet Furs taken amongst the Spoils of the Victory But this Order is now Extinct Knights of the Crown Royal amongst the Frizons THIS Order was erected by Charles the Great Son of King Pepin in Anno 802. for the rewarding and honouring those amongst the Frizons that had valiantly behaved themselves in his Army against the ancient Saxons or Lombards and to encourage others to acts of Heroick Vertue This Order took its name from its Ensign viz. an Imperial Crown which these Knights used to wear upon their Breasts They were invested with a Military Belt and a Box on the Ear. Knights of our Lady of the Star THIS Order was instituted by King Robert in Anno 1022. in honour to the Virgin Mary but was of no long continuance being discontinued by King Charles the Seventh for that it was grown so common by the admitting into the Order persons of no merit Their Habit was Mantles of white Damask lined with light carnation Damask with Surcoats of the same and on the left side of the Breast of the said Garments was embroidered a Star of Gold and on their Collar which was much like that of the Order of the Genet did hand the figure of a Star The Ceremony of this Order was on the Nativity of the blessed Virgin who was their Patroness and the place where it was kept was at the House of St. Owen near St. Denis in the said Kingdom of France Knights of the Thistle of Bourbon THIS Order was instituted on New-years-day 1370. by Lewis the Second Duke of Bourbon for the corroborating his power and interest for the Aid of Charles Duke of Orleans and of his two Brothers Philip and Iohn against the Faction of the House of
Bishop of Liege who died in the year of our Lord 727. As to their Habit and Ensign I have met with no account thereof Knights of the Order of St. James in Holland THIS Order received its institution in the Year 1290. from Florentius Earl of Holland and Zealand who in his Palace at the Hague in honour of St. Iames created Twelve of his principal Nobles Knights of this Order whom he invested with Collars of Gold or Military Belts of Silver and Gilt adorned with six Escallops to which hung the figure of St. Iames the Apostle DEGREES OF KNIGHTHOOD IN SWEDEN Knights of the Brician Order THIS Order was erected in the Year of our Lord 1366. by the famous Queen Bridget who for her holy Life was styled and enrolled a Saint and out of her zeal for the honour of Jesus Christ the defence of the Christian Religion the securing the Confines of her Kingdom the succouring Widows and Fatherless and the maintenance of Hospitality endowed this Order with a considerable Revenue This Order was approved of by Pope Vrban the Fifth who gave them the Rule of St. Augustine And their Ensign was a blew Cross of eight points and under it a Tongue of Fire Knights of the Seraphins THIS Order was instituted in Anno 1334. by Magnus the Fourth King of Sweden in memorial of the Siege laid to the chief City of Vpsala The Collar assigned to this Order was composed of Patriarchal Crosses of Gold and of Seraphins of Gold enameled red and at the end thereof hung the figure of our Saviour or of the Virgin Mary Knights of Amaranta THIS Order was instituted about the Year 1645. by Christiana Queen of Sweden in honour of a Lady named Amaranta celebrated for her Charity Modesty Beauty and Courage And by their Oath they were to defend and protect the person of the Queen as also the persons of their Fellow Brothers from harm To his power to advance Piety Virtue and Justice and to discountenance Injury and Vice Their Ensign is a Jewel of Gold composed of two great A A one being reversed enriched on both sides with Diamonds and set within a wreath of Laurel Leaves banded about with white whereon is this Motto Dolce nella memoria And this Badge they wear either hanging at a gold Chain or a crimson or blew Ribon which they please Here is another Order of Knighthood in this Kingdom of Sweden called of the Sword and Military Belt whose Collar consisted of Swords and Belts conjoyned but by whom and when Instituted I am ignorant of KNIGHTS OF THE Order of the Elephant IN DENMARK KING Christian the First of Denmark upon a Religious account travelled to Rome and amongst other Honours Pope Sixtus the Fourth in memory of the Passion of our Saviour invested him with this Order and ordained him and his Successors Kings of Denmark Chief and Supream of the said Order which was conferred on the Danish Princes as a memorial to incite them to defend the Christian Religion against the Moors and Aâ—ricans These Knights were obliged to perform Acts of Piety and Charity with certain Ceremonies to be observed especially upon those days on which they wore the Ensign of their Order which was the figure of an Elephant on whose side within a rundle was represented a Crown of Thorns with three bloody Nails Instead of their golden Collar formerly won by them they now wear about them a blew Ribon to which hangs an Elephant enameled white and beautified with five large Diamonds set in the midst On the day of the Coronation of the King 's of Denmark this Order hath been commonly conferred upon the Nobles and most deserving Senators of his Kingdom DEGREES OF KNIGHTHOOD IN POLAND Knights of Christ or of the Sword-bearers in Livonia THIS Order was instituted by Albert Bishop of Livonia about the Year of our Lord 1200. for the propagation of the Christian Religion in those Parts in imitation of the Knights Teutonicks in Prusia to which Order they were united about the Year 1237. and submitted themselves to their Rule and Habit by whose assistance they subdued the Idolatrous Livonians and brought them to embrace the Christian Faith But in the Year 1561. Gothard de Ketler then Great Master in the Castle of Riga surrendred to the use of Sigismond the Second King of Poland Surnamed Augustus all the Lands belonging to this Order together with the Seal of the Order his Cross the Keys of the City and Castle of Riga the Charters and Grants of the several Popes and Emperors which concerned the same the priviledge of Coynage and all other matters concerning the same upon which the said Great Master received back from the said King's Commissioners the Dukedom of Curland to be enjoyed by him and his Heirs for ever upon which this Order became extinguished Knights of the white Eagle THIS Order was erected by Ladislaus the Fifth King of Poland for the further honouring the Marriage of his Son Casimire the Great with Anne Daughter of Gerdimir Duke of Lithuania in Anno 1325. and for their Ensign had a white Eagle crowned KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY THIS Order was instituted in the Year 1418. by Sigismund the Emperor Surnamed the Glorious for the Defence of the Christian Religion and the suppressing the Schismaticks and Hereticks which he had been victorious over in many Battels Their Ensign which they daily wore was a green Cross flory on Festival days they wore a scarlet Cloak and on their Mantle of green Silk a double gold Chain or a green Ribon to which hung the figure of a Dragon dead with broken Wings and enameled with variety of colours But although this Order was of high esteem for a time yet it almost expired with the death of the Founders Knights of the Order of the Sword in Cyprus GVY of Lusignan soon after his possession as King of the Isle of Cyprus which he had bought of Richard the First King of England for One hundred thousand Crowns of Gold in Anno 1195. erected this Order in Commemoration of so good and fortunate a Plantation for Fifteen thousand Persons which he had brought thither with him The Collar of this Order was composed of round Cordons of white Silk woven in Love-knots and interlaced with the Letters S. and R. To this Collar hung an Oval of Gold wherein was enameled a Sword the Blade Silver and the Hilt Gold and about the Oval was this Motto Securitas Regni This Honour of Knighthood the said King who was Great Master conferred on his Brother Amaury Constable of Ierusalem and Cyprus and on Three hundred Barons which he had created in this his new Kingdom But when the Turks became Masters of the Isle this Order ceased KNIGHTS OF Saint Anthony IN AETHIOPIA ABout the Year of our Lord 370. Iohn Emperor of AEthiopia vulgarly called Prester Iohn erected into a Religious Order of Knighthood certain Monks who lived an austere and solitary Life in
â— Erasmus is now maried to Mary daughter of Hugh Hare Baron of Coleâ—â—â— in Ireland 〈◊〉 the Lady Lucy Mountague daughter of Hen Earle oâ—â—â—â—chester L d 〈◊〉 Coll Robert Werden of Chester Comptroler to his Royall Highness Iames Duke of York and first Leiutenant and Major of his Guards first maried to Iane daughter of Edw Barnham of Cock hall in Kent Esq r and now to Margaret daughter and heyre of Will Towse of Bassingburn hall in Essex Esq. Humphrey Weld of Lulworth Castle in Dorsetshire Esq r Governor of his Ma â—ys Isle and Castles of Portland and Sandes foot lineally desended from Edricke Sylvaticus alias Wildâ— a Saxon of great renowne in the reignes of K. Herold and Will the Conquerorâ—whose father Alfrick was brother to Edricke of Stratton Duke of Merciaâ— wch sd. Humprey is now Maried to Clara daughter of the Rt. honble Thâ—â— Ld. Arundel of Warden Court of the Empire Colâ— Thomas Sackevile of Selscombe in Sussex a Person of great Loyalty being one that served his late maty in all his expeditions and was one of the Captaines of his life guards in the begining of the late warrs He is now maried to Margaret daughter of 〈◊〉 Henry Compton of Brambletye in Sussex K â— of the Bath and Uncle to the late Earle of Northampton Phillip Doughty of Eashere in the County of Surrey Esq descended from an English Saxon family of ye. Dohags who were here Sealed before the Conguest Skynner Byde Esqr. eldest sonn of Sr. Thomas Byde of Ware Park in the County of Hertford Knight now maried to Anne daughter of Tho Austen of Hoxton in Middlesex Esqr. Captaine Iohn Huitson of Clâ—asbey in the County of York one of the Captaines of the Couldstrem Regiment of foot guards to his maty King Charles the second now maried to Martha daughter of Sr. William-Cooper of Ratling Court in Kent Baronet Thomas Tomlins of St. Leonards Bromley in Midd. sx Esq r first maried to Ann daughter of Captaine Will Goodladd of Lee in Essex 2dly to Eliz daughter of Ric Swinglehurst of London Merchant 3dly to Eliz daughter of Reynolds of East Grenwich in Kent Esq r now to Susanna daughter of Geo Cranmer of Canterbury in Kent afore sd Merchant Nicholas Barbon of London M.D. one of the Colledge of Phisitians of the S â— Citty now maried to Margaret daughter of Iohn Hayes of Hadley in Midd sx Esqr. Beaumont Dixie of Bosworth in the County of Leicester Esqsr. sonn and heyre of Sr. Wolstan Dixie of Bosworth aforesaid Bart. now maried to Mary sister and heyre to Sr. William Willoughby of Willoughby in Nottinghamshire Bart. deceased Richard Winwood of Ditton Park and Quainton in the County of Bucks Esqsrâ— sonn and heyre of the Rt. honble Sr. Ralph Winwood Knightâ— Embassador Ledger to â—he States of the united Provinces and principall secretary of state to King Iames. Edward Peck of Samford Hall in the County of Essex sergeant 〈◊〉 Law to his maty King Charles the 2â— sonn and heyre of Will Peck of Metâ—â—â—â—old in the County of Norfolk Esqsr. and intermâ—ried w â— Graâ—e one of the daugâ—â—â—ers â—â—d CoheyrÌ„s of Will Green of East Barnet in Hartfordshire Esqs â— William Peck of Samford hall in the County of Essex Esqs â— sonn and â—eyre of Edw. Peck sergeant at Law and is now maried to Gartrude sole daughter and heyre of Sr. Willâ— Grâ—en of Mitcham in the County of Surry Bart. Iustinian Pagit of Grais Inn in Com Middz Esqss. Cristos Brâ—ium et Recordorum Banco Regis Ioseph Micklethwaite of Swyne in Holderness in the County of York ' Esqs s William Mountagu Esqss. son heyre to the honble William Mountagu Lord cheife Baron of his matys Court of Exchequer maried to Ann Sole daughâ—â—â—â— heyre of Ric Evelyn of Woodcot in the County of Surreyâ— Esqss. Thomas Robinson of the Inner Temple Londoâ— Esqss. cheife Prothonotary of his matys Court of Comon Pleas. Francis Diue of Bromham in the County of Bedford Esq son heirè of Sr Lewis Diue of the said place Kt. now maried to Theophila Daughter of the Right Reverend Father in God Iohn Hackett late Lord Bishop of Litchfeild and Couentry Owen Feltham of Greys Inn in ye. County of Middlesex Esq r now maried to Mary one of ye. Daughters Coheires of Alexander Portree of Barnstaâ—le in Devonshire Esqâ— Francis Wythens of Eltham in the County of Kent Esq one of ye. society of the Middle Temple London Iames Hoare of Edmonton in the County of Middlesex Esq and one of the society of ye. Middle Temple London Thomas Foley of Kidderminster in Worcestersh Esq eldest son of Thomas Foley of Witley Court in Worcestersh Esq now maried to Elizabeth Daughter of Edward Ash of Halsted in the County of Kent Esq. Paul Foley of Stoakâ— Court in the County of Hereford Esq. second sonn of Tho Foley of Witley Court in Worcester shire now maried to Mary daughter of Iohn Lane of ye. Citty of London Esq. Phillip Foley of Prestwood in the County of Stafford Esq third son of Tho Foley of Witley Court in Worcestershire Esq now maried to Penelope daughter of the Rt. honble Wm. Ld. Pagett Baron of Beaâ—desert Tollemach Duke of Lincolns Inn in Middlesex Esq Exigenter for London ct. in the Court of Common pleas sonn heyre of Dr. Edward Duke of HoningtoÌ„ in Suffolk by Eliz his wife onely daughter of Robert 2d son of Sr. Lionel Tollemach of Bently Helmingham in the Sd. County â—ar â— linealy descended in a direct male line from ye. antient family of the Dukes of Brampton Shadingfeild in the Sd. Counâ—y of late Barts Thomaâ— Walker of yâ— Inner Temple London Esqs s som time Comptroller of yâ— S â— society son of Thomas Walker of Warwicâ—shire Esqss. who is descended from an antient family of that name in Leicestershire wch Sd. Tho the bearer hereof is now maried to Elizabeth daughter Coheyâ—e of Hoo Games of Newton in Brecknockshir Esqs â— of wch Sd. familys see more in the body of thâ— Book Sâ—ction chapter Iohn Bennet of â—bington in the County of Cambridge Esqss. Iohn Lewkenor of West Deane in Sussex Esqs s son and heyre of Sr. Iohn Lewkenor Kt. of yâ— Bath deceased by Ann daughter and Coheyre of George Myn of Myn in Shropshir Esqs s decended from the antient family of the Lewkeâ—ors Thomas Coxe M.D. Physitian in ordinary to his maty King Charles the 2d. William Thompson of the Middle Temple London Esq noâ— maried to Mary Sole daughter of Iohn Stephens of Broadway in Worcestershire Gent. William Atwood of Bromfeild in Essex and Grais Inn in Middlesex Esq son and heyre of Iohn Atwood Esq desceased by Elizabeth daughter and Coheyre of Patrick Young Esq son of Sr. Peter Young K â— Abnoner and privy Councellor of Scotland to King Iames. Thomaâ— Plott Esq secretary to his Highness the Great Duke of Tuscany descended of the family of the Plotts of Sparsholt in Berkshire Iohn Warner of
disinherited imprisoned and murthered by their cruel Uncle the Duke of Glocester who being both a Tyrant and Usurper was justly encountred by King Henry the Seventh in the Field So infallible is the Law of Justice in revenging Cruelties and Injuries not always observing the present time wherein they are done but often calling them into reckoning when the Offenders retain least memory of them But as the saying is Ex malis moribus bonae leges oriuntur so their Tragical and Miserable Combustions have occasioned that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before For first though a common Opinion was conceived that a Conqueror might freely dispose of the Succession of that Estate which he had obtained by the purchase of his Sword which was the Title pretended for William Rufus yet now in our Books this difference is taken for Law viz. between the Conquest of a Kingdom from a Christian King and the Conquest of a Kingdom from an Infidel For if a King come to a Christian Kingdom by Conquest seeing he hath Vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom but until he doth make an alteration thereof the ancient Laws do stand and therefore the case of Rufus the ancient Law of this Realm being That the eldest Son should inherit and that a King in possession cannot devise the same by his last Will or by other Act therefore the said William Rufus was no other than a Usurper But if a Christian King should Conquer a Kingdom from an Infidel and being then under his subjection there ipso facto the Laws of the Infidels are abrogated for that they be not only against Christianity but against the Law of God and Nature mentioned in the Decalogue and in that case until certain Laws be established amongst them the King by himself and such Judges as he shall appoint shall judge them and their causes according to natural Equity in such sort as Kings in ancient times did within their Kingdoms before any certain municipal Laws were given And if a King have a Kingdom by Title of Descent there seeing by the Laws of that Kingdom he doth inherit the Kingdom he cannot change those Laws of himself without consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after that King Iohn had given unto them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament In Succession of Kings a question hath been Whether the King who hath had Sons both before and after he came to the Crown which of them should succeed he that was born before as having the prerogative of his Birthright or he that was born after And for each Reasons and Examples have not been wanting For Xerxes the Son of Darius King of Persia being the eldest Son after the enthroning his Father carried away the Empire from his Brother Arthemones or Artobazanes who was born before his Father came to the Royal Possession thereof So Arceses the Son of another Darius born in the time of his Fathers Empire carried away the Garland from his Brother Cyrus born before his Father came to the Empire So Lewis Duke of Millain born after his Father was Duke was preferred to the Dukedom before his Brother Galiasius born before the Dukedom But notwithstanding these Examples and the Opinion of sundry Doctors to the contrary common use of Succession in these latter days hath been to the contrary and that not without good reason for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright such as all elder Brothers have should be put by the same And this was the pretence of Henry the First against Robert his eldest Brother Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father and the second Brother surviving who should Reign after the death of the Father the Nephew challenging the same unto him by the Title of his Fathers Birthright and by way of Representation Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death Upon which Title in old time there grew a Controversie between Arcus the Son of Arrotatus eldest Son of Cleomenes King of Lacedemonia and Cleomenes second Son of Cleomenes Uncle to the said Arcus But upon debate of the matter the Senate gave their Sentence for Arcus against Cleomenes Besides Enominus King of Lacedemon having two Sons Polydectes and Licurgius Poyldectes dying without Children Licurgius succeeded in the Kingdom but after he had understood that Polydectes Widow had a Child he yielded the Crown to him wherein he dealt far more religiously than either did King Iohn or King Richard the Third For King Iohn upon the like pretence not only put by Arthur Plantaginet his eldest Brother's Son from the Succession of the Kingdom but also most unnaturally took away his life And King Richard the Third to come to the Crown did most barbarously not only slay his two innocent Nephews but also defamed his Mother in publishing to the World that the late King his Brother was a Bastard Our Stories do obscurely note that Controversie of like matter had like to have grown between King Richard the Second and Iohn of Gaunt his Uncle and that he had procured the Counsel fo sundry great Learned Men to this purpose but that he found the hearts of divers Noblemen of this Kingdom and especially the Citizens of London to be against him whereupon he desisted from his intended purpose and acknowledged his Nephews Right And the reason of the Common Law of England is notable in this point and may be collected out of the ancient Authors of the same Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan fol. 119. For they say Whosoever is Heir to another aut est haeres jure proprietatis as the eldest Son shall inherit only before his Brothers aut jure representationis as where the eldest Son dieth in the life of his Father his Issue shall inherit before the youngest Son for though the youngest sit magis propinquus yet jure representationis the Issue of the eldest Son shall inherit for that he doth represent the person of his Father And as Bracton saith jus proprietatis which his Father had by his Birthright doth descend unto him aut jure propinquitatis ut propinqui jus excludit remotum remotus remotiorem aut jure sanguinis And yet Glanvile Lord Chief Justice under King Henry the Second seemeth to make this questionable here in England Who should be preferred the Uncle or the Nephew Also it hath been resolved for Law That the possession of the Crown purgeth all defects