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
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
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
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
Forty years in which time he created eight Barons and had Iura Regalia within the County Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
the former which is by lybelling secret slandering or defaming of others for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth but seeming to sit quietly in his Study doth more deeply wound his Fame and Credit than the other boisterous person doth for he in a moment threatneth to do more than peradventure he is either able or hath courage to perform in all his life For his Passion thus discovering the Malice of his Heart doth give his Adversary warning to defend himself from him But this secret Canker the Libeller concealeth his Name hideth himself in a Corner and privily sâ—ingeth his Reputation and Credit and he knoweth not how to right himself and the greater is this Offence if done to a publick Magistrate or Minister of State for then it may bring a disturbance to the peace of the King and Kingdom And if it be against a private person the staining his Reputation will cause him not to be at quiet in Body and Mind until he hath found his Enemy which many times may lie so secretly hid that he cannot be discovered and then probably one innocent upon some suspicion or other may come to suffer for it Sometimes the malicious Defamer poureth forth his poyson in writing by a Scandalous Book Ballad Epigram or Rhime near the place where the party so abused doth most converse In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be severely punished for he may either be Indicted by the ordinary Course of the Common Law and if it be an exorbitant Offence then by Pillory loss of Ears Whipping c. or the party grieved may have an Action upon the Case against the Offender and recover his Damages And in this it is not material whether the Libel be true or false or the party scandalized be alive or dead or be of a good or ill Name yet our Laws are so made as to punnish him and such like men by a due Course of Justice And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman this may be added That it is usual for any person to usurp the Arms of another Further if a Nobleman's Coat-Armour and Sword of other Gentleman 's bearing Arms at the solemnizing of their Funerals is set up in the Church for the Honour of the deceased and is by the covetousness of the Incumbent that pretendeth right thereunto as Offerings due unto him afterwards taken down or if they be defaced by any other such are to be severely punished as Malefactors And in that case the Action shall not be given to the Widow though she be Executrix or Administratrix of her Husband's Goods for such things which serve for the Honour of the party deceased are not to be accounted inter bona Testatoris And the Heir shall have his Action as the Defender of his Ancestor's Honour But the wrong is offered to the House and Blood and therein specially to the Heir qui est totius geniturae splendor and therefore to him accrueth the right of Action for so it is reported by Sir Iohn Fern in his Glory of Generosity fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged OF VISCOUNTS CHAP. VII THE next Degree of Honour to an Earl is a Viscount which was anciently a Name of Office under an Earl who being an immediate Officer of the King 's in their County for that their personal attendance was oft-times required at the Court had his Deputy to look after the Affairs of the County which at this day is an Office and called a Sheriff retaining the Name of his Substitution in Latin therefore called Vicecomes But about the Eighteenth of Henry the Sixth it became a Degree of Honour who conferred this Title upon Iohn Lord Beaumont by Letters Patent A Viscount is created by Patent as an Earl hath a Hood Surcoat and Mantle which hath on it two Guards and a half of white plain Furr without Ermins And his Coronet is only pearled with a row of Pearls close to the Chaplet He hath the Title of the Right Honourable and truly Noble or Potent Lord He may have a Taveress in his own House and his Viscountess may have her Train born up by a Woman out of her Superior's presence and in their presence by a Man The Effigies of the Right honble Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties most honble Priuy Councell ct R. Whiâ—â— sculp The Rt. Honourable George Sauile Viscount Halifax Baron Sauile The Rt. Honourable Robert Paston Viscounâ— Yarmouth Baron Paston of Paston The Rt. Honourable Francis Viscount Nervport â—f Bradford Baron Nervport of High Ercâ—ll Ld. Leutenant of ye. County of Salop. Treasurer of his matys Household one of ye. Lds of his matys most honble Privy Councell The Rt. Honâ—rblâ— Thomaâ— Needham Lâ—rd Viscount Killmurrâ—y of the Kingdome of Ireland The Rt. Honorable Wiâ—liam Viscount Brouncker of Lyonâ— and Baron Brouncker of Nâ—â— Castle in the Kingdome of Ireland a. The R t Honâ—rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland The Rt. Honorable Maurice Berkeleyâ— Baron Beckeley of Rathdowne Viscount Fitz Harding of â—ear hauen in the Kingdome of Ireland The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley. The Right Honourable Francis Browne Viscount Montague The Right Honourable William Finnâ—â— Viscount and Baron Say and Seale The Right honble Edward Viscount Conway Barâ—n of Ragley in England and Viscount of Kilultagh in Ireland Leivetenant Generall of the Horse and one of the Lords of his Majestys moâ—t honble privy for the said Kinâ—dome of Ireland The Rt. Honourable Baptist Noel Viscounâ— Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire The Right Honourable William Howard Viscount and Baron Stafford The Rt. Honourable Thomas Bellasisâ—â— Viscount Folconbergh of Henknowle 〈◊〉 Falconbergh of Yarum Lord Leivtenant of North rideing of Yorkeshire one of the Ldâ— of his 〈◊〉 Most honble Priuy Councell â—he Rt. Honourable Iohn Mordant 〈…〉 Mordant of Aveland and Baron of Rygate The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate Metropolitan of all England one of yâ— Lords of his matys most honble privy Councell The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke Primate and Metropolitane of England c a. The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London Grand Almoner to his Maty one of the Lords of his matys most honble privy Councell c a. The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum Chancellor
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
He hath the Title of Grace and Most Reverend Father in God He hath the Honour to Crown the Queen and to be her perpetual Chaplain He is also styled Primate of England and Metropolitan of his Province He hath the Rights of a County Palatine over Hexamshire in Northumberland He may qualifie Chaplains and hath divers other Prerogatives which the Archbishop of Canterbury hath within his own Province but Durham being one hath in many things a peculiar Jurisdiction exempted from the Archbishop Priviledges belonging to the Bishops are as followeth IN their own Court they have power to judge and pass Sentence alone without any Colleague which is not done in any other Court And therefore the Bishops send sorth their Citations in their own Names not in the King 's as the Writs in other Courts run They may depute their Authority to another as doth the King either to their Suffragan-Bishops their Chancellors Commissaries or other Officers which none of the King's Judges can do In whatever Prince's Dominions they come their Episcopal Dignity and Degree is owned they may confer Orders c. whereas no Lay-lord is acknowledged but in the King's Dominions who gave him the Title None of them can be Indicted of any Crime before a Temporal Judge without especial Licence from the King A severe penalty to be inflicted on them that raise any Scandal or false Report In a Tryal where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay-lord challenge the Array if one Knight at least be not returned upon the Jury In Criminal Tryals for life all Bishops are to be tryed by their Peers who are Barons and none under that Degree to be impanelled but anciently they were exempted from any Tryal by Temporal Judges In Parliament they may Vote in any thing but in sentence for Life or loss of Member they being by Common Law to absent themselves and by Common Law to make Proxies to Vote for them They are freed from all Arrests Outlawries Distresses c. They have liberty to hunt in any of the King's Forests or Parks to take one or two Deer coming or going from the King's Presence and to have Wine free from Impost c. Their Persons may not be seized for Contempt but their Temporalities only and their word only is to be taken and their Certificate allowed in the Tryal of Bastardy Heresie c. And such respect has been shewed their Persons that an Offence by a Clergyman to his Bishop is called Episcopicide and punished as Paracide equal to petty Treason Every Bishop may qualifie as many Chaplains as a Duke They are all Barons and Peers of the Realm and have place in the upper House of Parliament as afore noted and take place according to Seniority of their Consecration except London Durham and Winchester who precede by Statute made in the Reign of King Henry the Eighth It will not be amiss to speak somewhat of the Immunities common to all Ecclesiasticks as well Commons as Lords Spiritual as followeth All Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars have priviledge some by themselves others by proxy to sit and vote in the lower House of Convocation No Subsidy or other Tax can be imposed upon them without their own consent No Clergyman may be compelled to undergo any personal Service in the Commonwealth nor to serve in the Wars or to bear any servile Office They are free from the King's Purveyors Carriers Posts c. for which they may demand a protection from the King cum clausula nolumus They are not obliged to appear at the Sheriffs Turns or Views of Frank pledge nor are impanelled to serve upon Inquests at Assizes or elsewhere If a Clergyman acknowledge a Statute his Body shall not be taken thereupon for the Writ runs Si Laicus sit c. Their Goods are discharged from Tolls and Customs si non exerceant Merchandizas de eisdem but they must have the King 's Writ to discharge them As the Clergymen are exempted from the Wars being by reason of their Function they are prohibited the wearing a Sword so every man in the order of Priesthood is debarred the Order of Knighthood of the Sword cum eorum militia sit contra mundum carnem diabolum saith Sir Iohn Fern yet laying aside their Cures and also lying themselves to a secular life they have been admitted Dei natalin saith Matth. Paris Iohannem de Gatesden clericum multis ditâ—atum beneficiis sed omnibus resignatis quia sic oportuit Baltheo cinxit militari These and many other Rights Liberties and Priviledges belong to the Clergy of England all which the King at his Coronation solemnly swears to preserve to them And they have been confirmed by above Thirty Parliaments and if any Act be made to the contrary it is said to be Null by the Statute of the 4 th of Edward the Third OF BARONS CHAP. IX AMONGST the Nobles and Honourable Persons Barons have the next place And first of the Dignity and Degrees of a Baron in general Secondly of the Etymology of the Name Thirdly of the Antiquity thereof and of the divers uses in former Ages Fourthly of the Division and the consideration of the several kinds of Barons And lastly a Declaration of the divers and sundry Priviledges allowed them and the rest of the Nobles by the Laws of this Realm The Definition or Description of a Baron IT is a certain Rule in Law Definitiones in jure sunt periculosissimae earum est enim 〈◊〉 non subverti possunt and therefore I do not often find any Definition or Description of a Baron delivered by Writers nevertheless in this our Kingdom it is my Opinion that a Baron may be described in a generality answerable unto every special kind thereof in this manner A Baron is a Dignity of Nobility and Honour next unto the Viscount And the Books of Law do make a difference between Dukes Marquisses Earls and Viscounts which are allowed Names of Dignity and the Baron for they affirm That such a Baron need not to be named Lord or Baron by his Writ but the Duke Marquiss Earl or Viscount ought to be named by their Names of Dignity Cambden fol. 1692. saith That our Common Laws do not allow a Baron one of the Degrees of Nobility But I take it to be understood of Barons by Tenure or Barons by Writ only For the Title of a Baron by Patent is in his Letters Patents under the Great Seal of England adorned by the name of Status Gradus Dignitas and therefore is requisite to be named And such Dignities are a parcel of the Name of the Pohenor as well as the Title and Style of a Duke Marquiss Earl or Viscount And although there may be conceived this Difference last mentioned between the Baron by Tenure or Writ and the Baron by Patent yet they being all Members of the higher House of Parliament they are thereby equally made Noble
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
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
you our Commissioners shall give Vs of whose integrity and circumspection We have so good experience and are so well perswaded as We assure Our self you will use all the best means you may to inform your own Iudgments in cases doubtful before you deliver Vs any such opinion as may lead Vs in a case of this Nature wherein our intention is by due consideration of all necessary circumstances to give every man that satisfaction which standeth with Honour and Reason Lastly having now directed you how and with what caution you are to entertain the Offers of such as shall present themselves for this Dignity We do also require you to observe these two things The one That every such person as shall be admitted do enter into sufficient Bond or Recognizance to Our use for the payment of that portion which shall be remaining after the first payment is made which you are to see paid upon delivery of the Letters Patents The other That seeing this Contribution for so publick an Action is the motive of this Dignity and that the greatest good which may be expected upon this Plantation will depend upon the certain payment of those Forces which shall be fit to be maintained in that Kingdom until the same be well established the charge whereof will be born with the greater difficulty if We be not eased by some such extraordinary means we require you Our Treasurer of England so to order this Receipt as no part thereof be mixed with Our other Treasure but kept apart by it self to be wholly converted to that use to which it is given and intended And in regard thereof that you assign it to be received and the Bonds to be kept by some such particular person as you shall think good to appoint who upon the payment of every several portion shall both deliver out the Bonds and give his Acquittance for the same For which this shall be yours and his the said Receiver's sufficient Warrant in that behalf THE PRECEDENT OF THE PATENT OF Creation of Baronets REX omnibus ad quos c. Salutem Cum inter alias Imperii nostri gerendi curas quibus animus noster assiduè exercetur illa non minima sit nec minimi momenti de Plantatione Regni nostri Hiberniae ac potissimum Vltoniae amplae percelebris ejusdem Regni Provinciae quam nostris jam auspiciis atque armis foeliciter sub obsequii jugum redactam ita constabilire elaboramus ut tanta Provincia non solum sincero Religionis cultu humanitate civili morumque probitate verum etiam opum affluentia atque omnium rerum copia quae statum Reipublicae ornare vel beare possit magis magisque efflorescat Opus sane quod nulli progenitorum nostrorum praestare perficere licuit quamvis id ipsum multa sanguinis opum profusione saepius tentaverint In quo opere sollicitudo nostra Regia non solum ad hoc excubare debet ut Plantatio ipsa strenuè promoveatur oppida condantur aedes castra extruantur agri colantur id genus alia Sed etiam prospiciendum imprimis ut iniversus hujusmodi rerum civilium apparatus manu armata praesidiis videlicet cohortibus protegatur communiatur ne qua aut vis hostilis aut defectio intestina rem disturbet aut impediat Cumque nobis intimatum sit ex parte quorundam ex fidelibus nostris subditis quod ipsi paratissimi sint ad hoc Regnum nostrum inceptum tam corporibus quam fortunis suis promovendum Nos commoti operis tam sancti ac salutaris intuitu atque gratos habentes hujusmodi generosos affectus aque propensas in obsequium nostrum bonum publicum voluntates Statuimus apud nos ipsos nulli rei deesse quae subditorum nostrorum studia praefata remunerare aut aliorum animos atque alacritatem ad operas suas praestandas aut impensas in hac parte faciendas excitare possit Itaque nobiscum perpendentes atque reputantes virtutem industriam nulla alia re magis quam honore ali atque acui omnemque honoris dignitatis splendorem amplitudinem à Rege tanquam à fonte originem incrementum ducere ad cujus culmen fastigium propriè spectat novos honorum dignitatum titulos erigere atque instituere utpote à quo antiqui illi fluxerint consentaneum duximus postulante usu Reipublicae atque temporum ratione nova merita novis dignitatum insignibus rependere Ac propterea ex certâ scientiâ mero motu nostris Ordinavimus ereximus constituimus creavimus quendam statum gradum dignitatem nomen titulum Baronetti Anglicè of a Baronet infra hoc Regnum nostrum Angliae perpetuis temporibus duraturum Sciatis modo quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris ereximus praefecimus creavimus ac per praesentes pro nobis Haeredibus Successoribus nostris erigimus praeâ—icimus creamus dilectum nostrum de in comitatu virum familia patrimonio censu morum probitate spectatum qui nobis auxilium subsidium satis amplum generoso liberali animo dedit praestit ad manutenendum supportandum triginta viros in cohortibus nostris pedestribus in dicto Regno nostro Hiberniae per tres annos integros pro defensione dicti Regni nostri praecipue pro securitate plantationis dictae Provinciae Vltoniae ad in dignitatem statum gradum Baronetti Anglicè of a Baronet Ipsumque Baronettum pro nobis haeredibus successoribus nostris praeâ—icimus constituimus creamus per praesentes habendum sibi haeredibus masculis de corpore suo legitime procreatis imperpetuum Volumus etiam per praesentes de gratia nostra speciali ac ex certa scientia mero motu nostris pro nobis haeredibus successoribus nostris concedimus praefato haeredibus masculis de corpore suo legitime procreatis Quod ipse idem haeredes sui masculi praedicti habeant gaudeant teneant capiant locum atque Praecedentiam virtute dignitatis Baronetti praedicti vigore praesentium tam in omnibus Commissionibus brevibus literis patentibus scriptis appellationibus nominationibus directionibus quam in omnibus Sessionibus Conventibus Caetibus locis quibuscunque prae omnibus militibus tam de Balneo Anglicè of the Bathe quam militibus Baccalaureis Anglicè Batchelors ac etiam prae omnibus militibus Bannerettis Anglicè Bannerets jam creatis vel imposterum creandis Illis militibus Bannerettis tantummodo exceptis quos sub vexillis regiis in exercitu regali in aperto bello ipso Rege personaliter praesente explicatis non aliter creari contigerit Quodque uxores dicti Haeredum masculorum suorum praedictorum virtute dictae dignitatis maritorum suorum praedictorum habeant teneant gaudeant
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
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
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
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
and Country in process of time obtained the name of Barons and were admitted into the Peerage and had their Titles affixed to them and their Heirs And this was the usuage and custome of the Saxon Kings to consult their Affairs without the election of the Commons as both Ethelred and Edwin did But whether this be a truth or only opinion I leave to others to dispute Certain it is they always retained some Ensigns of Honour equal to the Nobility being allowed to bear their Arms with Supporters which is denied to all others under the Degree of a Baron Also they take place before all Viscounts and Barons younger Sons as also before all Baronets and were of such esteem that divers Knights Batchelors and Esquires have served under them This Order in France was Hereditary but with us only for life to the meritorious person yet esteemed a Glory and Honour to their Family The Ceremony of their Creation is most Noble The King or his General which is very rare at the head of his Army drawn up into Battalia after a Victory under the Royal Standard displayed attended with all the Field Officers and Nobles af the Court receives the Knight led between two renowned Knights or valiant Men at Arms having his Pennon or Guydon of Arms in his Hand and before them the Heralds who proclaim his valiant Atchievements for which he deserves to be made a Knight Banneret and to display his Banner in the Field then the King or General says unto him Advances toy Banneret and causeth the point of his Pennon to be rent of and the new Knight having the Trumpets before him sounding the Nobles and Officers accompanying him is remitted to his Tent where they are nobly entertained To this degree of Knighthood doth belong peculiar Robes and other Ornaments at their Creation A Banneret thus made may bear his Banner displayed in an Army Royal and set his Arms thereon with Supporters as may the Nobles Of this Order there is at present none extant and the last I read of was Sir Iohn Smith made so after Edghill fight for rescuing the King's Standard from the Rebels in that Battel who was afterwards flain in his said Majesties Service at Alresford in Hantshire To this degree of Honour Sir William de la More Ancestor to the present Edward More of More-hall and Bank-hall in Lancashire Esq was advanced by Edward the black Prince for his eminent Service done at the Battel of Poictiers in France The Portrature and Coate Armour of Sr. William de la More Ancestor of ye. present Sr. Edw. More of Moreâ—hall and Bankeâ—hall in Lancashire Baronet wch sd. Sr. Will was made Kt. Banneret by Edw ye. Black Prince at ye. Battle of Poictiers in France The Rt. Honouraâ—le Sr. George Caâ—teret of Nawnes in Bedford shire Kt. Baronet Vice Chamberlaine of his Majestys Household and one of his Majestys most Honourable privy Councell c a. the 45â— Bart. by Creation The honble Sr Hâ—rbotle Grimston of Gore ham bury in 〈◊〉 〈◊〉 Baronet Speaker of the honble house of Comon 〈◊〉 â—irst Parliament vnder his Majesty King Châ—â—â—eâ—â—he 2d and at present Master of the Rollâ— the 87 Bart. by Creation Sr. Edmund Bacon of Redgrave in Suffolk Primier Bart. of England the first Bart. by Creation Sr Francis Radcliffe of Dilston in Northumberland Bar t of which Familyâ— there haue been six Earleâ— of Sâ—â—râ—x fiue of them were Ktâ— of the Garter besides S â— Iohn Radclyffe Kt. of ye. Garter tâ—mÌ„ps K. Hon 6th â—◠〈◊〉 Rodclyffe alâ—oe Kt. of ye. Garter temÌ„ps K. Rich. 3d. q. 18 Bart. by Creation Sr. Richard Atkins of Much Haddam in the County of Hertford Knight and Baronet The 4 Sâ— Bart. by creation Sr. Francis Gerard of Harrow Hill in Middlesex and of Aston Clinton in the County of Buckingham Knight and Baronet The 126. Bar â— by creation Sr. Tho. Mauleverer of Allerton-Mauleverer in the West rideing of York shire Barnt now maried to Katherine sole daughter heyre of Sr. Miles Stapleton of Wihill in ye. Sd. rideing of Yorkshire Kt. deceased The Barnt by creation Sr. Iohn Wittewronge of Rothamsted in the parish of Harpenden in the County of Hertford K â— and Bart. descended from the Wittewronges in Flanders whose Grandfather Iaques Wittewronge of Gaunt in the sd. province did thence transplant himselfe and family into this Kingdome Anno. 1564. The Bart. by creation Sr. Tho Pâ—yton of Knowlton in the County of Kent Bart. descenâ—d from the Peyton's of Peyton Hallâ— Suffolk who had by his first wife Margaret daughter and heyre of Sr. John Bernard of Jâ—esham in Cambridg shire much land and many children from whom are descended the Peyton's of Suffolk Cambride shire Kent and the Isle of Eley his second wife was Margaret daughter and Coheyre of Sr. Hugh Francie s by whome he had also much land and many Children and from whome are descended the Peyton's of Sr. Edmondsbury Warwick shire Worcester shire and Glocester sh. the 61. Bar. by creation Sr. Anthony Craven of Sparsholt in Berkshire Knight and Baronet of the name and family of the Right Honourable William Earle of Craven ct The 648. Bart. by creation Sr. Henry Puckering alias Newton of the priory near the Borough of Warwick in Warwickshire Bart. now maried to Elizabeth daughter of Tho. Murrey Esq. â— secretary to King Charles the first whâ—â—â—rince of Walâ—â— The â—24 Bart. by creatâ—â—n Sr. Phillip Matheiâ—s of Edmonton in Middx. Bart. Now Maried to Ann eldest doughter of Sr. Tho Wolstonholme of Minsingden in ye. Sd. Parish of Edmonton Bart. the 6â—4 Bart. by Creation Sr. Thomas Tempest of Stelle in the Bishoprick of Durham Bart. the â—99 Bar t by Creation Sr. John Molinevx of Teversaâ—â— in ye. County of Nottingham Bart. the 3â— Bart. by Creation â—r. William Walter of Sarsden in Oxfordshire Bart. â—â—â—ended from ye. antienâ—family of ye. Walters of Warwiâ—â—â—â—â—re whose late wife was ye. Lady Mary Tuston dau◠〈◊〉 ye. Rtâ— honble Nicholas Earle of Thanet deceaâ—eâ— ye. 352 Bart. by Creation Sâ— Iohn Osborn of Chickâ—ands in ye. County of Bedford Baronet the 468 Bart. by Creation Sr. Robert Vyner of ye. Citty of London K â— Baro â— And Lord Major thereof Anno. Domini 1675 ye. 658 Bart. by Creation Sr. Thomas Wolstenholme of Minsingden in ye. Parisâ— of Edmunton in the County of Middlesex Baronet the 747 Bart. by Creation Sr. Peter Gleane of Hardwick in ye. County of Norfolk Baronet ye. 770. Bart. by Creation Sr. Robert Iason of Broadsomerford in Wiltshire Baronet now maried to Ann daughter of George Dacres of Cheston in the County of Hertford Esq. yâ— 672 Bart. by Creation Sr. Thomas Wilbraham of Woodhey in ye. County of Chester Baronett now maried to Elizâ— sole Daugâ—ter heyr of Edward Mitton of Weston vndâ—â— LozzardinÌ„ ye. County of Stafford â— Esq ye. â—4â—8 Bart. by Creation Sr. Thomas Myddelton of Chirk â— Castle in Denbighshir Bart. first Maried to Elizabeth daughter of Sr.