Analogia honorum, or, A treatise of honour and nobility, according to the laws and customes of England collected out of the most authentick authors, both ancient and modern : in two parts : the first containing honour military, and relateth to war, the second, honour civil, and relateth

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THE SECOND PART; OR Honour Civil: AND Treateth of the Nobility and Gentry, according to the Laws and Customes of England. (Book 2)

CHAP. I.

Of Honour General and Particular.

HONOUR is the Reward of Vertue, as Infamy the Recompence of Vice; and he that desireth to mount her footsteps (as natural∣ly all men in some degree or other are addicted unto) must arrive thereunto by the way of Vertue: which was strictly observed by the Romans; for Dignities by Birth were not enough to advance them thereunto, if they were not endowed with Heroick and Vertuous Qualifications; and Honour should be a Testimony of their Excel∣lency therein. Some Learned Writers say, That Honour consisteth in exterior Signs; and Aristotle calleth it Maximum bonorum exte∣riorum: Others say it is a certain Reverence in Testimony of Vertue. Honour is of great∣er esteem than Silver or Gold, and ought to be prized above all Earthly Treasure. And for the encouragement of Youth to vertuous Atchievements, the Romans were no more slack in their Rewards and Badges of Honour, than they were in their punishment of Vice, which was most detestable unto them. And Marcus Tullius studying to restrain the Vice of Youth, by Law ordained eight several pu∣nishments, which he called Damnum, Vincu∣la, Verbera, Talio, Ignominia, Exilium, Mors, Servitus.

The Ensigns of Honour, which the Romans used to be••tow in token of Dignity, were Chains of Gold, gilt Spurs and Launces, but principally Crowns of different forms; which at first were made of Bays in token of Mirth and Victory, but afterwards they were made of Gold.

The chief Crowns were Military, with which their Consuls and chief Commanders in their Triumphs were crowned.

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The next was by them called Corona Mura∣lis, and was given to him that was first seen upon the Wall of an Enemies Town; and this Crown was wrought with certain Battlements like a Wall, and made of Gold.

Corona Castrensis, made of Gold with points like Towers; and this was given for a Re∣ward to him that could break the Wall of an Enemy, and enter the Town or Castle.

Corona Navalis, made of Gold, garnished with Forecastles, and given to him that first boarded an Enemies Ship.

Corona Oleaginea, made of Gold, given to them that repulsed an Enemy, or were Victo∣rious in the Olympian Games.

Corona Ovalis, made of Gold, given to them that entred a Town taken with little Resi∣stance, or yielded upon Composition.

Corona Obsidionalis, given to a General Lead∣er that had saved his Army in Distress; and this Crown was made of the Grass growing where the Army was beseiged.

Corona Civica, made of Oaken Boughs, and was given to him that saved a Citizen from the Enemy.

Corona Haederalis, which was given to Po∣ets.

Corona Populea, which was given to young men that were industrious, and inclined to Ver∣tue.

Aristotle makes four kinds of Civil Nobi∣lity, viz. Divitiarum, Generis, Virtutis, & Disciplinae.

Sir Iohn Ferne defines Civil Nobility to be an Excellency of Dignity and Fame, placed in any Kingdom or People, through the Vertues there shewed forth to the profit of that King∣dom. Which made Diogenes to tearm No∣bleness of Blood a Vail of Lewdness, a Cloak of Sloth, and a Vizard of Cowardise.

Civil Nobility may be refined into a triple Division; first by Blood, secondly by Merit, and thirdly by Blood and Merit; which last without doubt is the most honourable, and of greatest esteem: For certainly the Honour gained lives in his Family, and doth perpetu∣ate his Vertues to Posterity; whilst the glory that those by descents of Blood shine in, is but the reflection of their Ancestors. For all will judge the raiser of a Family more ho∣nourable than him that succeeded him, not adding to that Honour by any Merit of his own. So that it is the best honour the Son can do his deceased Father or Relation, to i∣mitate his Vertues.

If any person be advanced by lawful Com∣mission of his Prince, to any Place, Dignity, or publick Administration, be it either Eccle∣siastical, Military, or Civil, so that the said Office comprehends in it Dignitatem, vel dignitatis titulum, he ought to be received in∣to the Degree of Gentility. And a Man may be ennobled by Letters Patents from his Prince, though he have not the Superiour Ti∣tles added; and may have a Coat of Arms given him.

Of Gentry, and bearing of Arms.

NOah had three Sons who were saved with him in the Ark from the Deluge, viz. Sem, Cham, and Iapheth; and between these three he divided the World. Sem, his eldest Son he made Prince of Asia; Cham, his second, Prince of Affrica; and Iapheth, his third, Prince of Europe..

Of these three issued divers Emperors and Rulers, whereof at this day we have ten De∣grees; of which Six are called Noble, as a Gentleman, Esquire, Knight, Baronet, Ba∣ron, and Viscount: and four others are called excellent, as an Earl, Marquis, Duke, and Prince.

There are Nine sundry Callings of Gentle∣men.

1. The' first is a Gentleman of Ancestry, which must needs be a Gentleman of Blood.
2. The second is a Gentleman of Blood, and not of Ancestry, as when he is the second de∣gree descended from the first.
3. The third is a Gentleman of Coat Ar∣mour, and not of Blood, as when he weareth the Kings Devise given him by a Herald. If he have Issue to the third Descent, that Issue is a Gentleman of Blood.
4. The fourth also is a Gentleman of Coat Armour, and not of Blood; as when the King giveth a Lordship to him and his heirs for e∣ver; then he may by vertue thereof bear the Coat of the Lord's making, the Herald ap∣proving thereof: But if any of the Blood of that Lordship be yet remaining, he cannot bear the same.
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5. The fifth is a Christian man, that in the Service of God and his Prince kills a Hea∣then Gentleman, he shall bear his Arms of what degree soever (a Knight Banneret ex∣cepted) and use his Atchievement without a∣ny difference, saving only the word of the same miscreant Gentleman. If he also have Issue to the fifth Degree, they are Gentiles of Blood. Note that no Christian may bear a∣nother Christians Coat, nor a Pagan a Pagans Coat, on the Condition abovesaid: But if an English man in the Field, when the Banner Royal is displayed, do put to flight any Gen∣tleman which is an Enemy to his Prince, from his Banner of Arms the English Soul∣dier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentle∣man that he so put to flight.

Also in Challenge of Combat the Victor shall not bear the Coat of the Vanquished: yet indeed the Vanquished shall lose his own Coat; But if he marry a Gentlewoman of Coat-Ar∣mour, by the Courtesie of England he may bear hers.
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6. If the King do make a Yeoman a Knight, he is then a Gentleman of Blood.
7. The Seventh is when a Yeoman's Son is advanced to Spiritual Dignity, he is then a Gentleman, but not of Blood; but if he be a Doctor of the Civil Law, he is then a Gentle∣man of Blood.
8. The Eighth is called a Gentleman untry∣al, as brought up in an Abby, and serving in good calling, and also is of kind to the Ab∣bots.
9. The Ninth is called a Gentleman Apocri∣fate, such a one as serving the Prince as a Page, groweth by diligence of Service to be Steward, or Clerk of the Kitchin, and is without Badge of his own, except when the Prince by the Herald endoweth him with some Conisance, &c.

Aristotle in his Politicks reciteth four kinds of Nobility; that is, Nobleness of Riches, Nobleness of Lineage, Nobleness of Vertue, and Nobleness of Science, amongst which, those of Vertue and Lineage are of chief esti∣mation, being such from whence the others do proceed.

As some write, Nobility began to be advan∣ced shortly after Noah's Flood: For when pos∣sessions were given by the consent of the peo∣ple (who had all things in common, and were of equal degree) they gave them to such whom they admired for their Vertues, and from whom they received a common benefit.

The Law of Arms, which is chiefly directed by the Civil Law, must needs be very ancient; for field nor fight cannot be continued with∣out the Law; therefore 'tis to be presumed it began when Battels were first fought in the World; and the bearing of Arms was come to some perfection at the Siege of Troy; for He∣ctor of Troy bore Sable, two Lyons combattant, Or.

It is written by an ancient Author, called Gesta Trojanor•• that a Knight was made be∣fore any Coat-Armour; and how. Asterial, who came from the Line of Iapheth, had a Son named Olibion, who was a strong and mighty man, and when the people multiplyed, being without a Governour, and were warred upon by the people of Cham, they all cryed upon Olibion to be their Governour; which accept∣ing of, and men being mustered under him, his Father made to his Son a Garland of Nine divers precious Stones, in token of Chivalry. Then Olibion kneeled down, and his Father took Iapheth's Faulchion that Tubal made be∣fore the Flood, and smote him nine times on the right shoulder, in token of the nine Ver∣tues of Chivalry. Also Asterial gave to his Son Olibion a Target made of an Olive Tree, with three Corners, two above his Face, and one beneath to the ground-ward.

Principles of Honour and Vertue that every Gentleman ought to be endowed with.

TO love, honour, and fear God, to walk after his Commandments, and to his power defend and maintain the Christian Re∣ligion; To be loyal and serviceable to his Prince and Country; To use Military Exercises; To frequent the War, and to prefer Honour before worldly wealth; to be charitable to the distres••ed, and to support Widows and Or∣phans; To reverence Magistrates, and those placed in Authority; To cherish and encou∣rage Truth, Vertue, and Honesty, and to es∣chew Riot, Intemperance, Sloth, and all dis∣honest Recreations and Company; To be of a courteous, gentle, and affable deportment to all men, and to detest pride and haughti∣ness; To be of an open and liberal heart, de∣lighting in Hospitality•• according to the Ta∣lent that God hath blest him with; To be true and just in his word and dealing, and in all respects give no cause of Offence.

Of Precedency.

THe Degrees of Honour which are in this Kingdom observed, and according to which they have precedency, may be compre∣hended under two Heads, viz. Nobiles Ma∣jores, and Nobiles Minores. Those compre∣hended under Majores are Dukes of the Royal Blood, Archbishops, Marqui••••es, Earls, Vis∣counts, Bishops, and Barons: And those un∣der Minores are Knights of the Garter (••f no otherwise dignified) Knights Bannerets, Ba∣ronets, Knights of the Bath, Knights Batche∣lors, Esquires, and Gentlemen. And all or most of these Degrees of Honour are specula∣tively distinguished the one from the other in their Ensigns or Shields of Honour, as shall be shewed in the Chapter of each particular De∣gree.

Touching place of Precedency amonst the Peers, or those under the Name of Nobiles Majores, it is to be observed, That all No∣bles of each Degree take place according to their Seniority of Creation, and not of years, unless they are descended of the Blood Royal, and then they take place of all others of the same Degree.

That after the King, the Princes of the Blood viz. the Sons, Grandsons, Brothers, and Ne∣phews of the King take place: Then these great Officers of the Church and Crown are to precede all other of the Nobility, viz. the Archbishop of Canterbury, the Lord Chancel∣lor,

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or Lord Keeper of the Great Seal, the Arch∣bishop of York, the Lord Treasurer of England, the Lord President of the Privy Council, and the Lord Privy Seal. Next Dukes, Marquis∣ses, Dukes eldest Sons, Earls, Marquisses el∣dest Sons, Dukes younger Sons, Viscounts, Earls eldest Sons, Marquisses younger Sons, Bi∣shops, Barons, Viscounts eldest Sons, Earls youngest Sons, Barons eldest Sons, Privy Coun∣cellors, Judges, and Masters of the Chancery, Viscounts younger sons, Barons younger sons, Knights of the Garter (if no otherwise digni∣fied, which is seldom sound) Knights Banne∣rets, Baronets, Knights of the Bath, Knights Batchelors, Colonels, Serjeants at Law, Do∣ctors, and Esquires, which may be compre∣hended under ••ive Heads: 1. Esquires unto the King's Body; 2. The Descendants by the Male Line from a Peer of the Realm; 3. The eldest sons of Baronets and Knights; 4. The two Es∣quires attending upon Knights of the Bath at their making; And 5. Officiary Esquires, as Justices of the Peace, Barresters at Law, Lieu∣tenant Colonels, Majors, and Captains; and lastly Gentlemen.

Note, That these great Officers of Court, of what Degree soever they are of, take place a∣bove all others of the said Degree; viz. the Master of the Horse, Lord Chamberlain of England, Lord High Cons••able of England, Lord Marshal of England, Lord Admiral of England, Lord Steward, and Lord Chamber∣lain of his Majesties Houshold.

So the Secretaries of State, if Peers, take place of all of that Degree, except these great Officers aforesaid.

Note, That the Ladies take place or prece∣dency according to the Degree or Quality of their Husbands.

☞ Note, That in a Volume lately published by me, entituled Britannia, being a De∣scription of his Majesties Dominions, in page 33. the precedency of the Nobility and Gentry is treated of, wherein the Ma∣sters of the Chancery are placed next af∣ter Serjeants at Law, which Error hap∣pened through wrong Information, their right place being next after Iudges, as is here set down.

Note, That it was decreed by King Iames, That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter, to all Bannerets made under the Standard Roy∣al, his Majesty being present, to all Privy Councellors, Master of the Wards, Chancel∣lor, and under Treasurer of the Exchequer, Chancellor of the Dutchy, Chief Justice of the King's Bench, Master of the Rolls, Chief Justice of the Common Pleas, Chief Baron of the Exchequer, and to all other Judges and Barons of the degree of the Coif, by rea∣son of their Honourable imploy in his Majesties Courts of Justice.

Note, That as there are some great Officers, as a••oresaid, that take place above the Nobi∣lity of a higher Degree; so are there some persons, who for their Dignities Ecclesiastick, Degrees in the Universities, and Of••icers in an Army, although neither Knights nor Gen∣tlemen born, take place amongs•• them: Thus all Deans, Chancellors, Prebends, Doctors of Divinity, Law, and Physick, are usually pla∣ced before most sorts of Esquires.

All Colonels are Honourable, and by the Law of Arms ought to precede simple Knights; so are all Field Officers, Master of the Artil∣lery, Quarter-Master General, &c.

All Batchelors of Divinity, Law, and Phy∣sick, all Masters of Arts, Barrestors in the Inns of Court, Captains, and other Commissionate Officers in the Army, or those by Patent-pla∣ces in his Majesties Houshold may equal (and some of them precede) any Gentleman that hath none of these qualifications. But how unjustly these Priviledges are possessed by some of these pretenders, and how contrary this u∣sage is to the Laws of Honour, see the Chap∣ter of Gentlemen.

I think it here convenient to give you an Account of the Cavalcade of his M••••••••ties pas∣sing through the City of London, ••••••••••e his Coronation, which was on Monday t••e 22th of April, 1661.

First the Duke of York's Horse Guard.
Messengers of the Chambers in their Coats, with the King's Arms before and behind.
Esquires to the Knights of the Bath, in number 140.
Knight Harbinger and Serjeant Porter,
Sewers of the Chamber,
Gentlemen Ushers, Quarter Waiters, in Cloaks.
Clerks of the Chancery, 6.
Clerks of the Signet, 4.
Clerks of the Privy Seal, in Gowns.
Clerks of the Council, 4. in Cloaks.
Clerks of the Parliament, 2.
Clerks of the Crown, 2. in Gowns.
Chaplains having Dignities, 10. in Gowns and square Caps.
The King's Advocate,
The King's Remembrancer,
Masters of the Chancery,
The King's Counsel at Law, 2. in Gowns.
The King's puisne Serjeants, 2.
The King's Attorney,
The King's Solicitor,
The King's eldest Serjeants, 2. in Gowns.
Two Secretaries of the French and Latin Tongue, in Gowns.
Gentlemen Ushers, Daily Waiters, in Cloaks.
Sewers in Ordinary, in Cloaks.
Carvers in Ordinary, in Cloaks.
Cup-bearers in Ordinary, in Cloaks.
Esquires of the Body, 4.

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The Effigies of the Right hon^ble: Heneage Lord Finch, Baron of Daventry, Lord High Chancellor of England, & one of y^e Lords of the most hon^ble. Privy Councell, to King Charles y^e. second. Anno Dn̄i: 1676.

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The Effigies of y^e Right hon^ble: Anthony Earle of Shaftsbury, Baron Ashley, of Wimbourne, S^t Giles, & L^d. Cooper of Pawlet; L^d. High Chancellor of England, L^d. Leiutenant of the County of Dorset, and ••one of y^e Lords of y^e. most hon^ble. Privy Councell•• to King Charles y^•. 2^d. Anno Domini ••673.

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Masters of stand∣ing Offices, Tents 1. in Cloaks.
Masters of stand∣ing Offices, Revels 1. in Cloaks.
Masters of stand∣ing Offices, Ceremonies 1. in Cloaks.
Masters of stand∣ing Offices, Armory 1. in Cloaks.
Masters of stand∣ing Offices, Wardrobe 1. in Cloaks.
Masters of stand∣ing Offices, Ordnance 1. in Cloaks.
Masters of the Requests, 4.
Chamberlains of the Exchequer, 2. in Gowns.
Gentlemen of the Privy Chamber, in Cloaks.
Knights of the Bath, 68. in long Mantles, with Hats and Feathers.
The Knight Marshal, in a rich Coat.
Treasurer of the Chamber,
Master of the Jewel House, in Cloaks.
Barons younger Sons.
Viscounts younger Sons.
Barons of the Exchequer, 3. in Robes and Caps.
Justices of the King's Bench and Common Pleas, 6. in Robes, Caps, and Collars.
Lord Chief Baron of the Exchequer,
Lord Chief Justice of the Common Pleas, in Robes, Caps, and Collars.
Master of the Rolls, in a Gown.
Lord Chief Justice of the King's Bench, in his Robe, Cap, and Collar.
Knights of the Privy Council, in Cloaks.
Barons eldest Sons.
Earls younger Sons.
Viscounts eldest Sons.
Kettle Drums.
The King's Trumpeters, in rich Coats.
The Serjeant Trumpeter with his Mace.
Two Pursuevants at Arms, in their Coats of Arms.
Barons 51. in Cloaks.
Marquisses younger sons.
Earls eldest Sons.
Two Pursuevants at Arms, in their Coats of Arms.
Viscounts 7.
Dukes younger Sons.
Marquisses eldest Sons.
Two Heralds in their Coats with Collars of SS.
Earls 32. in Cloaks.
Lord Chamberlain of the King's Houshold, with his white Staff.
Dukes eldest Sons.
Two Heralds in Coats with Collars of SS.
Two Marquisses in Cloaks.
Two Heralds in Coats with Collars of SS.
The Duke of Buckingham.
Clarencieux, King at Arms, in Coats with Collars of SS.
Norroy, King at Arms, in Coats with Collars of SS.
The Lord Treasurer with his white Staff.
The Lord Chancellor with the Purse.
The Lord High Steward with his white Staff.
Two Persons, one representing the Duke of Aquitain, and the other the Duke of Nor∣mandy, in broad Caps and Robes of Ermyn.
The Gentleman Usher with the black Rod on the right hand, bareheaded, in a rich Cloak,
Garter King of Arms, bareheaded, in his Coat and Collar of SS.
The Lord Mayor of London carrying the City Scepter on the left hand, bareheaded.
The Duke of York.
Serjeants at Arms with their Maces, 8 on a side from the Sword forwards, in rich Cloaks.
The Lord Great Chamberlain on the right hand.
The Sword born by the Earl of Suffolk, Mar∣shal pro tempore.
The Earl of Northumberland, Lord Constable of England pro tempore, on the left hand.
Gentlemen Pensioners with Pole-Axes.
The King.
Gentlemen Pensioners with their Pole-Axes.
Esquires.
Footmen.
The Master of the Horse leading a spare Horse.
The Vice Chamberlain.
Captain of the Pensioners.
Captain of the Guard.
The Lieutenant of the Pensioners.
the King's Horse Guard.
The Lord General's Horse Guard.

As in Man's Body, for the preservation of the whole, divers Functions and Offices of Members are required; even so in all well go∣verned Common-wealths, a distinction of per∣sons is necessary; and the policy of this Realm of England, for the Government and Main∣tainance of the Common-wealth, hath made a threefold Division of persons; that is to say,

First the King, our Soveraign Monarch (under which Name also a Soveraign Queen is com∣prised, as it is declared by the Statute made in the first of Queen Mary, cap. 1. Parliam. 2.)

Secondly the Nobles, which comprehend the Prince, Dukes, Marquisses, Earls, Vis∣counts, and Lords Spiritual and Tempo∣ral.

Thirdly the Commons, by which general word is understood Baronets, Knights, Esquires, Gentlemen, Yeomen, Artificers, and Labour∣ers.

It is observed, that our Law calleth none No∣ble under the Degree of a Baron, and not as men of Forreign Countries do use to speak, with whom every man of Gentle Birth is counted Noble: For we daily see, that both Gentlemen and Knights do serve in Parliament, as Members of the Commonalty. Neither do these words the Nobles, the high and great men in the Realm, imply the Person and Ma∣jesty of the King: but with the Civilians the King is reckoned among the Nobility.

The Nobility are known by the general Name of Peers of the Realm, or Barons of England; for Dukes, Marquisses, Earls, and Viscounts did anciently sit together in the

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King's great Council of Parliament as Barons, and in right only of their Baronies: And there∣fore by the general Name of Barons of the Realm, and for the Baronage thereof, we un∣der••••and the whole Body of the Nobility; the Parliament Robes of the Dukes differing no∣thing from the Barons, but that they wear the Guards upon their Shoulders three or four folds: For though Dukes, Marquisses, Earls, and Viscounts in their Creations are attired with Ornaments of Silk and Velvet; yet in Parliament they use the same that Barons do, made of Scarlet, with divers differences of white Fur set as Fringes or Edgings on their Shoulders; and although they sit in right of their Baronies, yet they take their places ac∣cording to their degrees of Dignity.

And hence it is that those bloody Civil Wars concerning the Liberties granted in the Great Charter, both in the time of King Iohn, and Henry the Third, his Son, prosecuted by all the Nobility (some few excepted) are called in our Histories the Barons Wars. Neither have the Spiritual Lords any other Title to that preheminence, but by their ancient Ba∣ronies: For although originally all the posses∣sions of Bishops, Abbots, and Priors, were given and holden in Frank Almoign; most of their Tenures were altered, viz. Baronia, as appeareth in Matthew Paris A. 1070. fol. 66. and of that Tenure have continued ever since, as you may read by the Constitutions of Cla∣rendon in the Reign of Henry the Second, and in Glanvile and Bracton. But the Tenures of all Abbots and Priors were extinguished by the uniting and coming of them to the Crown by the Statute of Dissolution of Monasteries: For though the Nobility of England differ in Titles and certain Ceremonies, yet a Baron en∣joyeth the same priviledges.

And by experience it is found, That Dukes and all other degrees of Nobility in Cases Cri∣minal are tryed by Barons, together with Mar∣quisses, Earls, and Viscounts, as their Peers, and Peers of the Realm.

Nobilitas generally is of the word [Nosco] signifying in common phrases of speech, Men of Generosity of Blood and Degree; and there∣fore it is said, Vir nobilis idem est quod notus, & per omnia or a vulgatus: But especially it is applyed and used to express the reward of Vertue in honourable measure, Ageneris clari∣tate, which being in part of distributive Ju∣stice, remaineth with the highest Soveraign annexed to the Imperial Crown of this Realm.

For as Vertue is the gift of none but of God, so the reward thereof with Honour cannot be the gift of any but the Supreme Governour, being God's Vicegerent on Earth. But when Honour and Arms be bestowed upon any, if there shall arise contention between Competi∣tors for the same, the ancient policy of this Realm hath ordained a Special Court; the Judges whereof in all times having been Right Honourable Personages, viz. the Lord High Constable and the Earl Marshal; and in latter times the Judge thereof only the Earl Marshal. The Jurisdiction of the Court con∣sis••eth in the Execution of that part of distri∣butive Justice, which concerneth the advance∣ment and support of Vertue.

Nevertheless some men there are, not duly considering of what principle and parts the Laws of this Realm do consist, have laboured to prove that the Questions and Controversies of Nobility and Arms should not be determined by the Laws of the Realm, but by the Civil Law, framing to themselves many Arguments to prove the same; but being of small value, I pass them over.

The Common Laws, as also the Laws of Charity used in the Marshals Court, do prohi∣bit any Subject of this Realm to receive Titles of Honour and Dignity by gift or donation from a Forreign Prince, King, or Emperor; for it is a thing greatly touching the Majesty of the King and State of his Kingdom, Est vis Majestatis & inter insignia summae potesta∣tis.

And if a man shall bring an Action, and in the Writ is styled by such a Forreign Title, the Defendant may plead in Abatement of his Writ, That he is no Duke, Marquis, Earl or Baron; whereupon if the Plaintiff, as demand∣ed, take Issue, the Issue shall not be tryed by the Jury, but by the Records of Parliament, wherein he faileth.

And if any English man be created Earl of the Empire, or of any other Forreign Nation, and the King also do create him into any Title of Honour in England, he shall be named in all Judicial proceedings only by such Name and Title as he hath received from the King of this Realm, whose Subject he is. And if by the King of England he be not advanced to Title of Honour, then he shall bear the name only of his Baptism and Surname, unless he be a Knight. For experience teacheth that Kings joyned in League together by certain mutu∣al, and as it were natural, power of Monarchies according to the Laws of Nations, have dis∣missed one anothers Subjects and Ambassadors graced with the Dignity of Knighthood.

A Duke of Spain, or of another Forreign Nation, cometh into England by the King's safe Conduct, in which also the King doth style him Duke, according to his Creation; nevertheless in all proceedings in the King's Courts he shall not be so stiled by his Title of Dignity.

And although the said Noble person be also by the King's Letters Patents, and by his Forreign Name and Title of Dignity made Denizon (for that is the right Name so called, because his Legitimation is given to him): Or if he be naturalized by Au∣thority of Parliament, wherein he seemeth to be in all things made as a Subject born,

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yet shall he not be styled by his Foreign Titles of Dignity.

And so it is if a Nobleman of France, or elsewhere, come into England as Ambassa∣dor, and by lawful Marriage hath a Son, and the Father dieth, the Son is by Birth a Natural Englishman, yet he shall not bear the Title of Honour of his Father; and the reason thereof is, because that Title of No∣bility had its Original by a French King, and not by any natural Operation: which thing is well proved both by Authority of Law and Experience in these days.

If a Postna••us of Scotland or Ireland (who in these days is a Natural Subject to the King of England) or if any of his Poste∣rity be the Heirs of a Nobleman of Scot∣land or Ireland, yet he is none of the No∣bility of England: But if that Alien or Stranger born a Scot, be summoned by the King's Writ to Parliament, and therein is styled by his Foreign or other Title, where∣unto he is invested within England by the King's Grant; then, and from thenceforth he is a Peer of this Realm; and in all Judicial and Legal Proceedings he ought to be so styled, and by no other Name. And it was the Case of Gilbert Humfrevile Earl of Angus in Scotland: of it appertaineth to the Royal Prerogative of the King, to call and admit an Alien born to have place and voice in his Parliament at his pleasure; al∣though it is put in practice very rarely, and that for great and weighty Considerations of State. And if after such Parliamentary Summons of such a Stranger born question do arise, and the Issue be, whether he is of that Title or no? it may well be tryed by the Record, which is the only lawful tryal in that Case.

But there is a Diversity worthy of Obser∣vation, for the highest and lowest Degrees are universal; and therefore a Knight (Eng∣glish or Stranger born) is a Knight in all Nations, in what place soever he received his Title and Dignity, and so ought of right, and by Law, to be named in the King's Courts as aforesaid.

Also if the Emperor, the King of Den∣mark, or other Foreign King, come into this Realm by safe conduct (as he ought; for a Monarch or absolute Prince, though he be in League, cannot come without the King's Licence and safe Conduct; but any Subject to such a Foreign King in League, may come without Licence.) In this Case he shall sue and be sued by the Name of Emperor or King, or else the Writ shall a∣bate.

There is a notable President cited out of Fleta, where treating of the Jurisdiction of the King's Court of Marshalsea, it is said, And these things he might lawfully do by Office; that is to say, The Steward of the King's Houshold, notwithstanding the Li∣berty 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 concern∣ing that. Theft by Jurisdiction of that Court of Paris. The matter being divers∣ly 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 Domi∣nions 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 gene∣ral 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 King∣dom 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 Am∣bassadors, 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, Ba∣rons, 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

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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 Ge∣neral to foresee that Venus Delights be (as it were) gelded and cut off from the Ar∣my. 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; be∣cause the Luxurious and Incestuous persons are abominable unto God. The Sword al∣so doth signifie the Defence of King and Country.

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men, and ••••rm in it self than the other, most Nations followed it, approving the Sentence of Tacitus, Pr••stat sub Principo ••alo esse quam nulle. Lamentable Experience, the Mi∣stress of Fools in some, and of Wisdom in o∣thers, in the Ages sequent necessitated them again to quit the ••orm of Election, and to en∣tail the Soveraign Power in the Hereditary Loyns of their Kings, to prevent the fatal consequence of Ambition amongst equal pre∣tenders in popular Elections.

Thus the beginning of an Empire is ascribed to reason and necessity; ••ut 'twas God himself that illuminated the minds of men, and let them see they could not subsist without a Su∣pream in their human affairs. Necessitas ••st fir∣mum judicium & immutabilis providentiae potestas.

This Island of Great Britain, when Bar∣barism was so happy as to submit to a Regal Power (as Caesar in his Commentaries wit∣nesseth) 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, Sax∣on, Danish, Norman, and Scotch Kings, to our gracious Soveraign Charles the Second, into whose Veins all those several streams of Royal Blood are conjoyned to unite those jar∣ring Nations into one Body, under a Head, un∣to which each one may justly claim an inter∣est.

God hath thus restored our ancient Go∣vernment, 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 subordi∣nate, 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 im∣possible. This in Answer to a monstrous Pam∣phlet, which the lasciviousness of our late un∣happy Wars produced, which asserted Rex mi∣nor 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 fu∣ture 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 Eng∣lish 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 Re••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 Parlia∣ment (then all Roman Catholicks) in the be∣half 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 un∣to 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 Christianis∣simus, the most Christian King of France; The King of Spain the most Catholick; The Em∣perour 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 Defen∣ders 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 Scrip∣ture 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 mix∣ta cum Sacerdote, habet Ecclesiasticam & Spiritualem Iurisdictionem. This shews the King's power in Ecclesiastical Causes, being a∣noynted with Oyl as the Priests, and after∣wards the Kings of Israel were; which signi∣fies his person to be both Sacred and Spiritual. And therefore at the Coronation hath put up∣on him a Priest's Garment, called the Dalma∣tica, 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 A∣noynting with Oyl, which is proved by Mr. Selden to be of above one thousand years stand∣ing; the Crown set upon his Head with many Religious Ceremonies: besides the Ensigns of

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Regality, which are a Ring to signi••ie his Fait••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 Arch∣bishop of Canterbury, Inunguntur Reges in Capi••e, etiam pect••re & brach••is, quod signi∣ficat gloriam, sanctitatem & for••••n•• in••••n. King's are Anoynted on the Head to signi••••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 Scot∣land, Ireland, Man, and other Isles) being in a manner like that of an Earls now. Nei∣ther is it found that any such thing as a Dia∣dem was at all in use, until the tune of Con∣stantine the Great: For before the distinction was some kind of Chaplet, or rather a white silk Fillet about the Head, which was an or∣dinary 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 ve∣ry probable and plain, That the ancientest En∣sign of Regal Authority was the Scepter, which is every where spoken of, both in Scrip∣ture 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 Em∣pire by Sea and Land; as 'tis said of Iustinian the Emperor, who was the first that ever used it.

The Office of the King of England, accord∣ing 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 pro∣mised 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 Realm, to do Justice, shew Mercy, keep Peace and Unity, &c.

The King is enabled to perform this great and weighty Office by certain extraordinary powers and priviledges which he holds by the Law of Nations, by the Common Law of Eng∣land, or by Statutes. The Regalia were an∣ciently called Sacra Sacrorum (as his Lands are called in Law Patrimoni•••• S••c••••••) now commonly Royal Preroga••ives.

The King being Principium, Cap••••, & ••i∣nis Parli••menti, may of his meer will and pleasure Convoke, Adjourn, Remove, and Dis∣solve Parliaments: He may, to any Bill that is passed by both Houses of Parliament, refuse to give his Royal Assent, without rendring a Reason; and without his Assent a Bill is as a ••ody without a Soul: He may at his pleasure encrease the number of the Members of both Houses, by creating more Peers of the Realm, and bes••owing priviledges upon any other Towns to send Burgelles by Writ to Parlia∣ment: and he may refuse to send his Writ to some others that have sate in former Parlia∣ments. He hath alone the choice and nomi∣nation of all Commanders and Officers for Land and Sea-service; the choice and electi∣on of all Magistrates, Counsellors, and Officers of State; of all Bishops, and other Ecclesia∣stick Dignities; also the bestowing and con∣ferring of Honours, and the power of deter∣mining Rewards and Punishments.

By Letters Patent his Majesty may erect new Counties, Universities, Bishopricks, Cities, Boroughs, Colledges, Hospitals, Schools, Fairs, Markets, Courts of Judicature, Forests, Chases, Free Warrens, &c.

The King by his Prerogative hath power to enfranchise an Alien, and make him a Denison, whereby he is enabled to purchase Lands and Houses, and to bear Offices. He hath the power to grant Letters of Mart or Reprisal; to grant safe Conducts, &c. He hath at all times had the right of Purveyance or Pre∣emption of all sorts of Victuals within the Verge, viz. Twelve miles round of the Court; and to take Horses, Carts, Ships, or Boats, for the Carriage of his Goods, at reasonable rates. Also by Proclamation to set reasonable rates and prices upon Flesh, Fish, Fowl, Oats, Hay, &c. sold within the limits of the Verge of the Court in the time of his Progress.

Debts due to the King are in the first place to be satisfied in case of Executorship and Admi∣nistratorship; and until the King's Debts be satisfied, he may protect the Debtor from the Arrest of other Creditors. He may dis••rein for the whole Rent upon one Tenant that holdeth not the whole Land: He may require the Ancestors Debt of the Heir, though not especially bound: He is not obliged to demand his Rent according to the Custome of Land∣lords: He may distrein where he pleaseth, and sue in any of his Courts.

No Proclamation can be made but by the King. No protection for a Defendant to ob∣struct the course of the Law against him, if he be not one of his Majesties Menial Servants.

In case of loss by Fire, or otherwise, his Ma∣jesty granteth Patents to receive the Charita∣ble Benevolences of the people.

No Forest, Chase, or Park to be made, nor

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Castle, Fort, or Tower to be built without his Majesties especial Licence.

Where the King hath granted a Fair, with Toll to be paid, yet his Goods shall be there exempted from the said Duties of Toll.

His Servants in Ordinary are priviledged from serving in any Offices that require their Attendance; as Sheriff, Constable, Church-warden, or the like.

All Receivers of Money for the King, or Accomptants to him for any of his Revenues, their Persons, Lands, Goods, Heirs, Execu∣tors, and Administrators, are at all times chargeable for the same: for Nullum tempus occurrit Regi.

His Debtor hath a kind of Prerogative Re∣medy by a Quo minus in the Exchequer against all other Debtors, or against whom they have any cause of personal Action; supposing that he is thereby disabled to pay the King: and in this Suit the King's Debtor being Plaintiff, hath some priviledges above others.

In doubtful Cases semper praesumitur pro Rege, no Statute restraineth the King, except he be especially named therein. The quality of his Person alters the descent of Gavelkind, the Rules of joynt Tenancy: No Estoppel can bind him, nor Judgment final in a Writ of Right. Judgments entred against the King's Title, are entred with Salvo Iure Domini Regis. That if at any time the King's Coun∣sel at Law can make out his Title better, that Jugment shall not prejudice him, which is not permitted the Subject.

The King by his Prerogative may demand reasonable Ayd-money of his Subjects for the Knighting his Eldest Son at the Age of Fifteen years, and to marry his eldest Daughter at the Age of Seven years; which Ayd is 20 s. for every Knights Fee, and as much for e∣very 20 l. per annum in Soccage. Moreover, if the King be taken prisoner, Ayd-money is to be paid by the Subjects for his Redemp∣tion.

The King upon reasonable Causes him thereunto moving, may protect any of his Subjects from Suits of Law, &c.

In all Cases where the King is party, his Of∣ficers with an Arrest by force of a Process at Law, may enter and (if any entrance be de∣nied) may break open the House of any man by force.

A Benefice, or Spiritual Living, is not full against the King by Institution only, without Induction, although it be so against a Sub∣ject.

None but the King can hold Plea of false Judgments in the Courts of his Tenants.

The King by his Prerogative is Summus Regui Custos, and hath the Custody of the Persons and Estates of such, as for want of un∣derstanding cannot govern themselves, or serve the King; that of Ideots to his own use, and that of Lunaticks to the use of the next Heir: So the Custody or Wardships of all such Infants, whose Ancestors held their Lands by Tenure in Capite, or Knights Service, were ever since the Conquest in the King, to the great honour and benefit of the King and King∣dom: But abuses, which too often happened, made the people complain thereof, which was the cause of its laying aside.

His Majesty is Vl••imus Haeres Regni, and is (as the great Ocean is of small Rivers) the Receptacle of all Estates for want of Heirs, or by Forfeiture, Revert or Escheat to the King. All Spiritual Benefices, for want of presenta∣tion in due time by the Bishop, are elapsed to the King. All Treasure Trove (that is Mo∣ney, or Gold and Silver plate, or Bullion found, and the owners unknown) belongs to the King: So doth all Waifs, Strays, Wrecks, not granted away by him, or any former Kings. All waste Ground or Land recovered from the Sea: All Lands of Aliens dying before Natu∣ralization or Denization, and all other things whereof the property is not known: All Gold and Silver Mines, in whose Ground soever they are found: Royal Fish, as Whales, Stur∣geons, Dolphins, &c. Royal Fowl, as Swans not mark't, and swimming at Liberty on the River, belong to the King.

In the Church the King's prerogative and power is extraordinary great: He only hath the patronage of all Bishopricks; none can be chosen but by his Conge d'Es••ire, whom he hath first nominated; none can be consecrated Bi∣shop, or take possession of the Revenues of the Bishoprick, without the King's special Writ or Assent. He is Guardian or Nursing Father of the Church, which our Kings of England did so reckon amongst their princi∣pal Cares; as in the Three and twentieth year of King Edward the First, it was alledged in a pleading, and allowed; The King hath pow∣er to call a National or Provincial Synod; and with the advice and consent thereof to make Canons, Orders, Ordinances and Cons••ituti∣ons to introduce into the Church what Cere∣monies he shall think sit; to re••orm and cor∣rect all Heresies, Schisms, and p••nish Con∣tempts, &c,

The King hath power not only to unite, consolidate, separate, inlarge, or contract the limits of any old Bishoprick, or other Ecclesi∣astical Benefice: But also by his Letters Patents may erect new Bishopricks, as Henry the Eighth did Six at one time, and the late King Charles the Martyr intended to do at St. Al∣bans for the Honour of the first Martyr of Eng∣land, and for the contracting the too large extent of the Bishoprick of Lincoln.

In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops, granting Faculties, conferring Holy Orders, Ecclesiastical Censures, the Oath Ex Officio, Non-Residency, &c. The Queen be∣ing much incensed, forbade them to meddle

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in any Ecclesiastical Affairs, for that it belonged to her prerogative.

His Majesty hath also power of Coynage of Money, of pardoning all Criminals, of dispen∣sing with all Statutes made by him, or his Pre∣decessors, which are Malum prohibitum, and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Sta∣tute doth prohibit a man to coyn Money, if he do, he shall be hanged; this is Malum prohibitum: for before the said Statute it was lawful, but not after; and for this Evil the King may di∣spense: But Malum in se neither the King nor any other can dispense with. As if the King would give leave to rob on the High-ways, &c. this is void; yet after the Fact done, the King may pardon it. So it is in Ecclesiastical Laws for conformity to the Liturgy, &c. which are Malum prohibitum; and the King may by his Prerogative Royal as well dispense with all those penal Statutes, as with Merchants to transport Silver, Wooll, and other prohibited Commodities by Act of Parliament.

The King cannot devest himself or his Suc∣cessors of any part of his Royal Power, Pre∣rogative, and Authority inherent and annext to the Crown; nor bar his Heir of the Succes∣sion, no not by Act of Parliament; for such an Act is void by Law.

These Prerogatives do of right belong to the Crown of England, which I have collect∣ed out of the most Authentick Modern Authors. And to compleat this Chapter I shall proceed to his Superiority and Precedency.

The King of England acknowledgeth no Su∣perior but God alone; not the Emperor, Om∣nem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio; yet he giveth Precedency to the Emperor, Eo quod antiqui∣tate Imperium omnia regna superare credi∣tur.

Touching our King's Supremacy before any other, these Reasons are offered; First, Lucius, King of this Land, was the first Christian King in the World; as also Constantine our Country∣man the first Emperor that publickly planted Christianity. Secondly, The King of England is anoynted as no other King is, but France, Sicily, and Ierusalem. Thirdly, He is crown∣ed, which honour the Kings of Spain, Portu∣gal, Navarr, and divers other Princes have not.

The honour of Precedency amongst Chri∣stian Kings is often disputed by their Ambassa∣dors and Commissioners representative at Ge∣neral Councils, Diets, publick Treaties, and other Honourable Assemblies at Coronations, Congratulations in Foreign Countries, &c. which by the best Information I can get is thus stated; As to England, next to the Imperial Ministers, the French take place, as being the largest Realm in Christendom, and most No∣ble, since Charles le mayne, their King, obtained the Imperial Diadem; the second place in the Western Empire was undisputably the right of our English Kings, so enjoyed for hundreds of years, 'till Spain grown rich and proud by the addition of the Indies, claimed the priority, yet could not gain it till their Charles the Fifth was Elected Emperor; but after his Resignati∣on, the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Phi∣lip the Third, King of Spain at ••oloign in France, Anno 1600. Our Ambassadors were Sir Henry Nevil, Iohn Harbert, and Thomas Edmonds, Esquires; and for Spain, Baltha∣zer de Coniga, Ferdinando Carillo, Io. Ri∣cardett, and Lewis Varreyken. The English challenged precedency as due to them before the Emperor Charles his time, as doth appear by Volatteram in the time of our Henry the Se∣venth, when the like difference being in que∣stion, 'twas joyntly referred to the Pope, who adjudged to England the most Honourable place: But the Spaniards refusing to stand to that old Award, or to admit of an equality, the Treaty of Peace broke up; neither hath any certain Resolution been hitherto taken in the matter, as ever I heard of.

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OF THE PRINCE. CHAP. III.

THE King's Eldest Son and Heir apparent, from the Day of his Birth, is entituled Prince, of the Latin word, quasi Principalis post Regem.

The first that we read of in England was Edward, eldest Son to King Henry the Third, since which time the eldest Son of the King hath been by Patent and other Ceremonies created Prince of Wales, and Earl of Chester and Flint. By Patent also Edward the Third, in the Eleventh year of his Reign, added the Dukedom of Cornwal to the Principality of Wales; and Anno Regni 36. he makes his eld∣est Son Edward the Black Prince, Prince of Aquitain, for which he did Fealty and Ho∣mage at Westminster, Sed tamen Principatum Walliae, Ducatum Cornubiae, Comitatum Cestriae & Cantii non reliquit. Walsing. fol. 172.

Since the Union of England and Scotland, his Title hath been Magnae Britanniae Prin∣ceps, but ordinarily Prince of Wales. As eld∣est Son to the King of Scotland, he is Duke of Rothsay, and Seneschal of Scotland from his Birth: And so long as Normandy remained in the possession of the English, he had always the style of Duke of Normandy.

At his Creation he is presented before the King in Princely Robes, who putteth a Coro∣net upon his Head, a Ring on his middle Finger, a Verge of Gold in his Hand, and his Letters Patents after they are rea••.

His Mantle, which he wears in ••arliament, is once more doubled upon the sho••••••••rs than a Dukes, his Cap of State indente•• ••nd his Co∣ronet, formerly of Crosses and Flower de lis, mixed. But since the happy Restauration of his Majesty it was solemnly ordered, that the Son and Heir apparent to the Crown of Eng∣land 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 Dia∣dem. 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 de∣clared 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.

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He hath certain priviledges above other persons: To him it was permitted by the Sta∣tute 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 War∣rant, 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 du∣ly 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; never∣theless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honou∣rable 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 Sta∣tutes made by sundry Kings, for the suppres∣sing o•• that enormity of Maintenance, and of the general word in them, that priviledge of the Prince was abridged, or rather taken a∣way, 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 Te∣nants, 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 be∣fore the Son be of the Age of Fifteen years, and the Daughter accomplish the Age of Se∣ven 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 follow∣ing shall be demanded and levied, viz. of eve∣ry 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 25th of Edward the Third, cap. 2. amongst other things it is declared, That to compass or ima∣gine 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 Sta∣tute 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 Manifestati∣on and Application of the ancient Common Law in this Case.

Because the people were in ambiguity, Whe∣ther Children born in parts beyond the Sea, and out of the King's Dominions, should be able to demand any Inheritance within his said Domi∣nions, 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 e∣very 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 super∣fluous, because the Common Law would have denied it. For this last point see the Lord Chan∣cellor'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 notwith∣standing 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 Na∣tion could do; for Wales was a Kingdom in ancient time: but by a Statute made the Twelfth of Edward the First, Wales was in∣corporated and united to England, and became part thereof.

Also by another Statute made 27 Hen. 8. c. 24.

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a general resumption of many Liberties and Franchises heretofore granted, or taken from the Crown, as the Authority to pardon Trea∣sons, Murder, Manslaughter, and Felony; al∣so 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 detri∣ment 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 indu∣ceth 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 gra∣cious future proceedings to be the more honou∣rably 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, Vis∣counts, 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 Ed∣ward do give and grant, and by this Char∣ter have confirmed the Name, Style, Title, State, Dignity, and Honour of the said Prin∣cipality 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 e∣ver: These being Witnesses, the Reverend Fa∣ther John, Cardinal and Archbishop of Can∣terbury, Primate of England, our Chancellor, and William Archbishop of York, Primate of England, Thomas Bishop of London, John Bi∣shop 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 Stour∣ton, Knights.

Dated at our Palace at West∣minster 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, Fran∣chises, 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 discontinu∣ed; 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 in∣terest 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 con∣cern 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 Fo∣rest••, 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 Ba∣rons, 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, e∣state, or condition soever his or they be of (ex∣cept

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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 Parlia∣ment Chamber, whether his Majesty be there personally present, or absent. The Prince shall not find Pledges for the prosecution of any A∣ction, 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 Princi∣palities 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 graci∣ous as to obey his Laws.

The Exercises befitting Princes, whilst they are young, are Chivalry, and Feats of Arms, and to adjoyn therewith the knowledge of the Law and God: For it is the Duty and Office of a King to fight the Battels of his people, and rightly to judge them, 1 Kings 8. And the Prophet David saith, Be ye learned, you that judge the Earth. Whereto if they also would endeavour to have knowledge in the Princi∣ples 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 Reg∣num, & 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 laudi∣bus 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 young∣er, but died in the life time of his Fa∣ther.

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, Hen∣ry, and Alphons, but all three died in their Childhood in their Father's life.

Edward the Black Prince (of famous me∣mory) 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 Fa∣ther.

These Examples may serve as a Mirror for all succeeding Princes and others, to see how transitory the Glory of this World is; where∣of 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 Wil∣liam the Conqueror, was defeated of his Birth∣right by his two younger Brethren, William Rufus and Henry, successively one after ano∣ther; and after Six and twenty years Impri∣sonment, 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 Si∣ster.

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 Un∣cle Richard, the first King of that Name, who died without Issue (his Father being dead be∣fore) 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 Fa∣ther took upon him to be the King of Eng∣land.

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 conse∣quence was next to the Crown before the Issue

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of Iohn of Gaunt; which Philip was married to Edward Mortimer Earl of March, from whom the House of York, by the name of Ed∣ward the Fourth, are lineally descended: For William of Hatfield, second Son to King Ed∣ward 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, exem∣plified 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 murther∣ed 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 Ed∣ward the Fourth. During these troublesome and tragical times, each of the Kings prevail∣ing attainted the other their Adversary of High Treason by Act of Parliament, intend∣ing 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 Re∣venge 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 en∣joyed Peace, but was driven to submit him∣self, 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 re∣covered 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 Hen∣ry 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 Ri∣chard was deposed, did exercise the chiefest Acts of his Reign in executing those, who con∣spired 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 other∣wise 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 disinheri∣ted, imprisoned, and murthered by their cru∣el Uncle, the Duke of Glocester, who being both a Tyrant and Usurper, was justly encoun∣tred 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 Of∣fenders retain least memory of them.

But as the saying is, Ex malis moribus bo∣nae leges oriuntur; so their Tragical and Mi∣serable Combustions have occasioned, that the Law hath established more certain Resoluti∣ons 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 Suc∣cession 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 King∣dom from an Infidel: For if a King come to a Christian Kingdom by Conquest, seeing he hath Vitae & necis potestatem, he may at his plea∣sure alter and change the Laws of that King∣dom; 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 Chri∣stian 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 a∣mongst 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 with∣in their Kingdoms, before any certain muni∣cipal Laws were given. And if a King have a Kingdom by Title of Descent there, seeing by the Laws of that Kingdom he doth inhe∣rit 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 Ire∣land, after that King Iohn had given unto them (being under his Obedience and Subje∣ction) the Laws of England for the Govern∣ment 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

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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 Da∣rius, King of Persia, being the eldest Son after the enthroning his Father, carried a∣way the Empire from his Brother Arthe∣mones or Artobazanes, who was born be∣fore his Father came to the Royal Posses∣sion 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 prefer∣red to the Dukedom before his Brother Ga∣liasius, born before the Dukedom. But not∣withstanding these Examples, and the Opi∣nion of sundry Doctors to the contrary, com∣mon 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 Fa∣ther at the time of his death: Upon which Title, in old time, there grew a Controver∣sie between Arcus the Son of Arrotatus, eldest Son of Cleomenes King of Lacedemo∣nia, and Cleomenes second Son of Cleomenes, Uncle to the said Arcus: But upon debate of the matter, the Senate gave their Sen∣tence for Arcus against Cleomenes. Besides, Enominus King of Lacedemon having two Sons, Polydectes and Licurgius, Poyldectes dying without Children, Licurgius succeed∣ed in the Kingdom; but after he had under∣stood 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 on∣ly 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 Con∣troversie 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 Lon∣don to be against him; whereupon he de∣sisted from his intended purpose, and ac∣knowledged 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, Who∣soever is Heir to another, aut est haeres jure proprietatis, as the eldest Son shall inherit only before his Brothers; aut jure represen∣tationis: as where the eldest Son dieth in the life of his Father, his Issue shall inherit be∣fore the youngest Son; for though the young∣est sit magis propinquus, yet jure represen∣tationis the Issue of the eldest Son shall in∣herit, for that he doth represent the per∣son 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, seem∣eth to make this questionable here in Eng∣land, 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, Hen. 1. fol. 3. and so doth Vlpian the Civilian determine. And this is one of the three Reasons alledged, wherefore by the policy of our Law the King is a Body Politick, thereby to avoid the at∣tainder of him that had right to the Crown, Coke's seventh part, 12. a. lest in the inte∣rim there should be an interregnum, which the Law will not suffer, because of the ma∣nifold Incumbrances thereof: For it hath been clearly resolved by all the Judges of the Land, That presently, by the descent of the Crown, the next Heir is compleatly and absolutely King, without any essential Ceremony or Act to be done, ex postfacto; And that Coronation is but a Royal Orna∣ment and outward Solemnization of the De∣scent. And this appeareth evidently by a∣bundance of Presidents and Book-Cases. Let us take one or two Examples in a Case so clear for all: King Henry the Sixth was not crowned till the Eighth year of his Reign, and yet divers men before his Coronation were attainted of Treason, Felony, and the like Crimes; and he was as absolute and compleat a King for matters of Judicature, Grants, &c. before his Coronation, as he was after.

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Queen Mary reigned three moneths before she was crowned, in which space the Duke of Northumberland and others were con∣demned and executed for Treason which they had committed before she was Queen.

And upon this reason there is a Maxim in the Common Law, Rex nunquam mori∣tur, in respect of his ever living and never dying politique capacity. In France also the same Custome hath been observed; and for more assurance it was expresly enacted un∣der Charles the Fifth, That after the death of any King, his eldest Son should immedi∣ately succeed; for which cause the Parlia∣ment Court of Paris doth accompany the Funeral Obsequies of those that have been their Kings, not in mourning attire, but in Scarlet, the true Ensign of the never dying Majesty of the Crown: Nevertheless certain Cities in France, not long since, alledged for themselves, that because they had not reputed Henry the Fourth for their King, and professed Allegiance unto him, they were not to be adjudged Rebels; Whereupon the chief Lawyers of our Age did resolve, That forasmuch as they were original Subjects, even Subjects by Birth, they were Rebels in bearing Arms against their King, although they had never professed Allegiance unto him.

To conclude this Chapter, I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales, which began on the Thirtieth of May, 1610. as followeth; The Prince accompanied with divers young No∣blemen, together with his own Servants, rode from his Court at St. Iames's to Rich∣mond, where he reposed that night; on the next day the Lord Mayor, Aldermen, with the several Companies in their Barges at∣tended his Highness about Barn Elmes, where he was entertained with a Banquet, and in other places with Speeches by a Nep∣tune upon a Dolphin, and a Sea Goddess up∣on a Whale, &c. His Highness landing at Whitehall, was received by the Officers of his Majesties Houshold, according to order, viz. by the Knight Marshal and the Serje∣ant Porter; In the Hall by the Treasurer and Comptroller of the Houshold; in the great Chamber by the Captain of the Guard, and in the presence Chamber by the Lord Chamberlain; from whence he went into the Privy Chamber, where the King and Queen met him; the Saturday after was taken up with the usual Ceremonies of ma∣king Knights of the Bath to attend his High∣ness at his Creation, which were Five and twenty in number.

Upon Monday following these Knights of the Bath met in the Queens Closet, where they put on long Purple Satten Robes, lined with white Taffata, and a Hood like a Batchelor of Law about their Necks; and in a Barge prepared for them went before the Prince to Westminster Palace, where his Highness landed, and proceeded to his Crea∣tion thus:

First the Heralds.
Next the Knights of the Bath.
Then the Lords that were imployed in several Services.
Garter King at Arms, bearing the Letters Pa∣tents.
The Earl of Sussex the Robes of Purple Vel∣vet.
The Earl of Huntington the Train.
The Earl of Cumberland the Sword.
The Earl of Rutland the Ring.
The Earl of Derby the Rod.
The Earl of Shrewsbury the Cap and Coro∣net.
The Earl of Nottingham and Privy Seal sup∣ported his Highness, being in his Surcoat only, and bareheaded, to the Parliament Chamber.

The King was already set with all the Lords Spiritual and Temporal in their Robes of State, all the Knights and Burgesses of the lower House present; as also the Foreign Ambassa∣dors, the great Ladies of the Realm, and the Lord Mayor and Aldermen of London seated upon Scaffolds. The Procession entring in manner aforesaid, made three several low Re∣verencies to his Majesty; and when they came to the Throne, Garter King at Arms kist the Letters Patents, and gave them to the Lord Chamberlain, who presented them to the King, who delivered them to the Earl of Salisbury, Principal Secretary of State, who read them, the Prince kneeling all the while before the King; and at the words accustomed, the King put on the Robe, the Sword, the Cap and Co∣ronet, the Rod, and the Ring. The Patent being read, the King kist him on the Cheek, and the Earl Marshal, with the Lord Chamber∣lain, placed him in his Parliament Seat, viz. on the left hand of the King; which Ceremony being ended, they returned to the Palace Bridge in manner as followeth.

First the Masters of the Chancery, the King's Council and others; then the Officers of Arms, the Knights of the Bath; next twenty Trum∣pets before them; then the Judges; and after them all the Members of Parliament in order, the Barons, Viscounts, Earls, and Mar∣quisses having Coronets on their Heads; then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor; then Garter next before the Sword; and then the Prince and King. They took Barge at the Palace Stairs, and landed at Whitehall Bridge, where the Officers at Arms, the Members of Parliament, and the Lords being first landed, attended the King and Prince, and went before into the Hall, and so into his

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Majestie's Presence Chamber, whence the Prince descended again into the Hall to Din∣ner, himself seated at the upper end of a Ta∣ble, accompanied with the Lords that attend∣ed him at his Creation, who sate on both sides of the Table with him. At another Table on the left hand sate the Knights of the Bath in their Robes along one side, attended by the King's Servants. At the second Course, Garter with the Heralds came to the Prince's Table, and after due reverence, proclaimed the King's Style with three Largesses, viz. King of England, Scotland, France, and Ireland, Defender of the Faith, &c. And then proclaimed the Prince's Titles, viz. Prince of Wales, Duke of Cornwall and Rothsay, Earl of Rothsay, Earl of Chester, and Knight of the Garter, with two Largesses: Then with Feast∣ing, Masques, and all sort of Courtly Gallantry, that joyful Creation of the Prince ended.

Although at present we have no Prince of Wales, yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them, which is as it is here depincted.

[illustration]

The word Ich Dieu signifieth I serve. The Coronet is born, by reason that the valiant black Prince at the Battel of Cressy won the Crown from Iohn King of Bohemia, whom he there slew, and took the Crown from his Head.

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OF DUKES. CHAP. IV.

THE Title and Degree of a Duke hath been of ancienter standing in the Empire, and other Coun∣tries, than amongst us; for the first English Duke was Edward the black Prince, created Duke of Cornwal by his Father King Edward the Third; by which Creation, according to the Tenure of his Patent, the Firstborn Sons of the Kings of England are Dukes of Cornwall: Nor is there any Creation required for the said Honour, al∣though there is for Prince of Wales. A Duke is said to be so called à Ducendo, from lead∣ing; being at the first always a Leader of an Army Imperial or Regal, and was so chosen in the Field, either by casting of Lots, or by common Voice; and the Saxons called this Leader an Hertzog: but now, and for some time past, it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit. In some Countries, at this day, the Soveraign Princes are called Dukes; as the Duke of Savoy, Duke of Muscovy, Duke of Saxony, Duke of Florence, and the like.

All Noblemen at their Creation have two Ensigns, to signifie two Duties, viz. their Heads are adorned ad consulendum Regem & Patri∣am in tempore pacis, and they are girt with Swords, ad defendendum Dominum Regem, & Patriam in tempore belli. The Chapeau or Head-attire (saith Chassanaeus) Dukes were accustomed to wear in token of Excellency, it is of a Scarlet Colour, lined or doubled Er∣min. And now Marquisses, Earls, and Vis∣counts plead Custome for the use thereof, as also for Coronets; which his Majesty King Charles the Second hath also granted Barons to wear, but with due difference, as is also in their Robes, which may appear by the Por∣traiture of the said Degrees here lively set forth. His Sword is girt about him, and his short Cloak or Mantle over his Shoulders is guarded with four Guards; his Coronet is Gold, the Cap Crimson, doubled Ermin, but not in∣dented, as those of the Blood Royal are; and the Verge which he holds in his hand is also of Gold.

Dukes of the Royal Line or Blood are re∣puted as Arch-Dukes, and are to have their Coronets composed of Crosses and Flower de¦lis, as other Dukes.

A Duke tantùm shall take place before any Lord, that is both Marquis and Earl; but a Duke that is both a Marquis and Earl, shall pre∣cede him.

The Dukes, Marquisses, and Earls at their Creations have a Sword put over their Shoul∣ders, or girt about them, which the Viscounts and Barons have not.

A Duke may have in all places ou•• of the King's or Princes presence a Cloth of Estate, hanging down within half a yard of the Ground; so may his Dutchess, who may have her Train born up by a Baroness: And no Earl, without permission from him, ought to wash with a Duke.

All Duke's eldest Sons, by the Courtesie of England, are from their Birth styled Mar∣quisses,

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The younger Sons of Kings are by courtesie styled Princes by birth, but have their Titles of Duke, Marquiss, &c. from Creation; The Daughters are styled Princesses: and the Title of Royal Highness is given to all the King's Children, both Sons and Daughters.

The form of a Patent of the Duke of York, tempore Ia∣cobi.

JACOBUS, &c. To all Archbishops, Bi∣shops, Dukes, Marquisses, Earls, Vis∣counts, Barons, Iustices, Knights, Govern∣ors, Ministers, and to all Bailiffs and faith∣ful Subjects, Greeting.

Whereas oftentimes we call to mind how many and innumerable Gifts, and what excellent Benefits that Great Maker of all Goodness (of his own benignity and clemency) hath abundantly bestowed up∣on us, who not only by his power hath consocia∣ted divers and mighty Lyons in firm Peace, without any strife; but also hath amplified and exalted the Bounds and Limits of our Go∣vernment, by his unspeakable Providence, a∣bove our Progenitors, with an indissolvable Conjunction of the ancient and famous King∣doms, in the right of Blood, under our Impe∣rial Diadem. In regard whereof we cannot boast, but most willingly acknowledge our fruit∣fulness and Issue plentifully adorned with the gifts of Nature, which he hath vouchsafed unto us, because in truth in the Succession of Children a mortal man is made as it were im∣mortal; neither unto any mortal men, at leastwise unto Princes not acknowledging Su∣periors, can any thing happen in worldly cau∣ses more happy and acceptable, than that their Children should become notable in all vertuous Goodness, Manners, and Increase of Dignity, so as they which excel other men in Nobleness and Dignity, endowments of Nature, might not be thought of others to be exceeded: Hence it is that we (that great goodness of God, which is shewed unto us in our felicity not to pass in silence; or to be thought not to satis∣fie the Law of Nature, whereby we are chief∣ly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish) coveting with great and fatherly af∣fection, that the perpetual memory of our Blood, with Honour and increase of Dignity, and all praise may be affected, our well belo∣ved Son, Charles Duke of Albony, Marquis of Ormond, Count of Ross, and Lord of Ard∣mannoth, our second begotten Son, in whom the Regal form and beauty worthy Honour, and other gifts of Vertue, do now in the best hopes shine in his tender years, We erect, create, make and ordain, and to him the Name, Style, State, Title, and Dignity, and Authority, and Honour of the Duke of York do give, to him that Name, with the Honour to the same be∣longing and annexed, by the girding of the Sword, Cap, and Cirtlet of Gold put upon his Head, and the delivery of a Golden Verge, we do really invest, To have and to hold the same Name, Style, State, Dignity, Authority, and Honour of the Duke of York unto the aforesaid Charles our second begotten Son, and to the Heirs male of his Body lawfully begotten for ever. And that the aforesaid Charles our se∣cond begotten Son, according to the decency and state of the said Name of Duke of York, may more honourably carry himself; we have given and granted, and by this our present Charter, we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever, out of Farms, Issues, Profits, and other Commo∣dities whatsoever coming out of the County of York, by the hands of the Sheriff of the said County for the time being, at the times of Easter and Michaelmas by even portions. For that express mention of other Gifts and Grants by us unto the said Duke before time, made in these Presents, doth not appear notwithstand∣ing these being Witnesses; The most excellent and most beloved Henry our Firstbegotten Son, Ulrick Duke of Hellet, Brother of the Queen our beloved Wife, and the Reverend Father in Christ Richard Archbishop of Canterbury, Pri∣mate and Metropolitan of all England, and also our beloved and faithful Counsellor, Thomas Lord Elsmere our Chancellor of England, Tho∣mas Earl of Suffolk, Chamberlain of our Hous∣hold, and our dear Cosin, Thomas Earl of A∣rundel, our welbeloved Cosins and Counsellors Henry Earl of Northumberland, Edward Earl of Worcester, Master of our Horse, George Earl of Cumberland, and also our welbeloved Co∣sins, Henry Earl of Southampton, William Earl of Pembroke, and also our welbeloved Cosins and Counsellors, Charles Earl of Devon∣shire, Master of our Ordinance, Henry Earl of Northampton, Warden of the Cinque Ports, John Earl of Warwick, Robert Viscount Cran∣borne our Principal Secretary, and our well∣beloved and faithful Counsellor, Edward Lord Zouch, President of our Council within the Principality and Marches of Wales, and also our welbeloved and trusty Robert Lord Wil∣loughby of Eresby, William Lord Mounteagle, Gray Lord Chandois, William Lord Comp∣ton, Francis Lord Norris, Robert Lord Sid∣ney our welbeloved and faithful Counsellor,

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William Lord Knowles Treasurer of our Hous∣hold, and our welbeloved and faithful Coun∣sellor George Dunbar, Lord of Barwick, Chan∣cellor of our Exchequer, Edward Bruce of Kin∣loss, Master of the Rolls of our Chancery, and also our welbeloved and faithful Thomas Eareskine of Birketon, Captain of our Guard, James Lord Barmermoth, and others.
Given by our Hand at our Palace at Westminster, in the Second year of our Reign of England, &c.

King Edward the Third, in the third year of his Reign, by his Charter in Parliament, and by Authority of Parliament did create Ed∣ward his eldest Son, called the black Prince, Duke of Cornwal not only in Title, but cum feodo with the Dutchy of Cornwal, as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings, Habendum & tenendum eidem Duci, & ipsius, & haeredum suorum, Re∣gum Angliae, filiis Primogenitis, & dicti loci Ducibus, in Regno Angliae ei haereditarie suc∣cessuris: So that he who is hereditable must be Heir apparent to the King of England, and of such a King who is Heir to the said Prince Ed∣ward, and such a one shall inherit the said Dukedom; which manner of limitation of E∣state was short and excellent, varying from the ordinary Rules of the Common Law, touching the framing of any Estate of Inheritance in Fee-simple, or Fee-tayl; and nevertheless, by the Authority of Parliament, a special Fee-simple is in that case only made, as by Judgment may appear in the Book aforesaid, fol. 27. and 27 Ed. 3.41. b. And ever since that Creation, the said Dukedom of Cornwall hath been the pe∣culiar Inheritance of the King's eldest Son, du∣ring the life of the King his Father, so that he is ever Dux natus, non creatus; and the Duke at the very time of his Birth is taken to be of full and perfect Age, so that he may send that day for his Livery of the said Dukedom. And the said black Prince was the first Duke of England after the Conquest: For though Bra∣cton, who made his Book in the Reign of King Henry the Third, saith, & sunt sub rege Duces (as appeareth) that place is to be understood of the ancient Kings before the Conquest: For in Magna Charta, which was made in the Ninth of King Henry the Third, we find not the name Duke amongst the Peers and Nobles there mentioned; for seeing the Norman Kings themselves were Dukes of Normandy for a great while, they adorned none with this Ho∣nour. And the eldest Son of every King, after his Creation, was Duke of Cornwall: as for example; Henry of Monmouth, eldest Son of King Henry the Fourth, Henry of Windsor, el∣dest Son of King Henry the Fifth, Edward of Westminster, eldest Son of King Edward the Fourth, Arthur of Winchester, eldest son of King Henry the Seventh, and Edward of Hampton, first Son of King Henry the Eighth. But Richard of Burdeaux, who was the first Son of Edward the black Prince, was not Duke of Cornwall by force of the said Creation: For albeit, after the death of his Father he was Heir apparent to the Crown; yet because he was not the Firstbegotten Son of a King (for his Father died in the life of King Edward the Third) the said Richard was not within the limitation of the Grant and Creation by Au∣thority of Parliament made in the Eleventh of King Edward aforesaid; and therefore to supply that defect, in the Fifth of Edward the Third, he was created Duke of Cornwall by special Charter.

Elizabeth, eldest Daughter of King Ed∣ward the Fourth, was not a Dutchess of Cornwall, although she was the Firstbegot∣ten Daughter of Edward the Fourth; for the Limitation is to the First-begotten Son. Henry the Eighth was not in the life of his Father King Henry the Seventh, after the death of his eldest Brother Arthur, Duke of Cornwall, by force of the said Creation; for although he was sole Heir apparent, yet he was not his eldest begotten Son.

And the Opinion of Stamford, a Learn∣ed Judge, hath been, That he shall have within his Dukedom of Cornwall the King's Prerogative, because it is not severed from the Crown after the form as it is given; for none shall be Inheritor thereof but the King's of the Realm: For example; where∣as by Common Law, if a man hold divers Mannors, or other Lands or Tenements of divers Lords, all by Knights Service, some part by Priority and ancient Feoffment, and other Land by Posterity and a later Feoff∣ment, and the Tenant so seized dieth, and his Son and Heir within Age, in this case the custody and wardship of the Body, and his marriage may not be divided amongst all the Lords, but one of them only shall have right unto it (because the Body of a man is intire). And therefore the Law doth say, That the Lord, of whom some part of those Lands are holden by Priority, and by the same Tenure of Chivalry, shall have it, except the King be any of the Lords; for then though the Tenant did purchase that Land last, yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priori∣ty. And so shall the Duke of Cornwall in the same Case have the Prerogative, if his Tenant die, holding of him but by poste∣rity of Feoffment for any Tenure of his Dutchy of Cornwall, although the same Duke is not seized of any particular Estate, whereof the Reversion remaineth in the King; for the Prince is seized in Fee of his Dukedom, as beforesaid.

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Iohn of Gaunt, the fourth Son of King Edward the Third, took to Wife Blanch, Daughter and Heir of Henry Duke of Lan∣caster, who had Issue Henry King of Eng∣land; so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother; and being a Subject, he was to observe the Common Law of the Realm in all things concerning his Dutchy. For if he would depart in Fee with any thereof, he must have made Livery and Seisin; or if he had made a Lease for life, reserving Rent with a Re∣entry for default of payment, and the Rent happen to be behind, the Duke might not enter without making his Demand; or if he had alienated any part thereof whilst he was within Age, he might defeat the Pur∣chaser for that Cause; and if he would grant a Reversion of an Estate for life or years in being, there must also be At∣tornment, or else the Grant doth not take effect.

But after that he had deposed King Ri∣chard the Second, and did assume the Roy∣al Estate, and so had conjoyned his Natu∣ral Body in the Body Politick of the King of this Realm, and so was become King; then the possession of the Dutchy of Lan∣caster was in him as King, but not as Duke, which degree of Dignity was swal∣lowed up in that of the King; for the lesser must always give place to the greater. And likewise the Name of the Dutchy, and the Franchises, Liberties, and Jurisdictions thereof, when in the King's Hands, were by the Common Law extinct; and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin; but by his Let∣ters Patents under the Great Seal, without Livery of Seisin, and with Attornment. And if he make a Lease for Life, being Duke, reserving a Rent with a Re-entry for default of payment; and after his As∣sumption of the Crown, his Rent happen to be unpaid, he might Re-enter without Demand; for the King is not bound to such personal Ceremonies as his Subjects are.

Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same, as it was be••ore, and to alter the order and degree of the Lands of the Dutchy from the Crown; the said King Henry the Fourth made a Charter by Au∣thority of Parliament, which is entituled Charta Regis Hen. 4. de separatione Lanca∣striae à corona authoritate Parliamenti An∣no Regni sui primo, as by the Tenor there∣of may appear. And so by Authority of that Parliament, the said Dutchy, with all the Franchises and Liberties was meerly re∣signed from the Crown, and from the Mi∣nisters and Officers thereof, and from the Order, to pass by such Conveyance which the Law did require in the possessions of the Crown. But now the possessions of the Dutchy by force of the said Statute, stood divided from the Crown, and ought to be demeaned and ordered, and pass as they did before Henry the Fourth was King; yet there is no Clause in the Charter which doth make the person of the King (who hath the Dutchy) in any other Degree than it was before.

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The most Hon^rbl: Charles Paulet Mar••quess of Minchester Earle of Miltshire Baron S^t Iohn of Basing &••

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The most hon^ble: Henry Somerset•• Marquess & Earle of Worcest•••••• L^d. Her••ert Baron of Chipstom, Raglan, & Gomer, L^d. President •• L^d•• Leivtenant of Wales, and the Marches, L^d Leivtenant of 〈◊〉〈◊〉 Countyes of Glocester, Hereford, & Monmouth, & of the 〈◊〉〈◊〉 & County of Bristoll; Knight of the most noble order of the G••••te•• & one of the Lords of his ma^tys. most hon^ble: privy Counc••ll••

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The most hono^rble. Henry Rerrepont, Marqu••ss of Dorchester, Earle of Kingston upon Hull•• Viscount Nemarke, L^d. Rerrepont, Maunvers, & Herris, & one of y^e Lords of his ma^tys. most hono^rble•• Priuy Councel &c••.

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The Right Honourable Thomas Leonard Earle of Sussex, and Lord Dacres of Giles land &c^a.

[illustration]

The R^t Honourable Lovis Earle of Feversham, Vis∣count Sondes Lord Duras, Baron of Holdenby and Throwley, Captaine of his Royall Highness Troop of his ma^tys. Guards, Leivtenant Gene••rall of his Ma^ties forces, and Collonell of his ma^tys. owne Royall Regiment of Dragoons.

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The Right Honourable Charles Beau¦clair, Baron of Heddington and Earle of Burford.

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The Right hon^ble. William O••Brien Earle & Baron of Insi••uin, & Baron of Burren in the Kingdome of Ireland Captaine Generall of his ma^tys. Forces in Affrica, Gouernor of y^e Royoll Citty of Tanger, vice Admirall of the same, and of the parts adjacent and one of his Mat^ys most Hon^•le. privy Councell for the S^d. Kingdom of Ireland.

[illustration]

The Right Honourable Charles Moore Earle and Viscount of Drogheda, and Baron of Mellefont in y^e Kingdom of Ireland. &c^a.

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The Ri^t: hon^ble. Luke Plunkett Earle of Fingall and Baron of Killeene in the Kingdome of Ireland &c^a.

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The R^t•• Honerable S^r. Arthur Chichester K^t Baron of Belfast Vis^t. Chichester of Carikfergus & Earle of Donegall in y^e. Kingdom of Ireland Gouernor of Carikfergus & y^e. Teritoryes Ther•••••••• Belonging & one of his mat^ys. Most Ho•••••• 〈◊〉〈◊〉 Councell for y^e. S^•. Kingdom.

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The R^t. hon^ble. Iames Ogilby, Earle of Airly, Elight, and Glentrahen, in the Kingdome of Scotland. &c^a.

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The Right Honourable Iohn Fitz Gerard, Earle of Kildeare. primier Earle of the Kingdome of Ireland. &c^a.

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The Right Honourable William Pope Earle of Downe, Baron and Lord Pope of Bellterbitt in Ireland. &c^a.

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The R^t. hon^ble. Roger Palmer, Earle of Castlemaine, and Baron of Lamberick in the Kingdome of Ireland &c^a.

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OF EARLES. CHAP. VI.

THE next Degree of Honour is an Earl, which Word and Title came from the Saxons: For it is observed, That originally within this Realm, in the anci∣ent English-Saxon Government, Earldomes of Counties were not only Dignities of Honour, but Offices of Justice, having the charge and custody of the County whereof they were Earls; and for their Assistance, had their De∣puty, called Vicecomes: which Office is now managed by Sheriffs, each County having his Sheriff Annually chosen out of the eminent Inhabitants thereof under the Degree of No∣biles Majores. And the Earls, in recompence of their Travels concerning the Affairs of the County, then received a Salary, viz. a third peny of the Profits of the County; which Custome continued a long time after the Con∣quest, and was inserted as a Princely Benevo∣lence in their Patents of Creation (as by di∣vers ancient Patents may appear) which af∣terwards were turned into Pensions for the better support of that Honour, as appeareth by a Book-Case 32 Hen. 6. 28. And there∣fore in respect of such Pensions, or such other Gratuities given in lieu thereof, some men have not without probability thereof imagin∣ed, quod Comites nominabantur, quia à multis fisci Regii socii & Comites eidem participes essent.

The word Earl by the Saxons was called Erlig or Ethling; by the Germans Graves, as Lantgrave, Palsgrave, Margrave, Rhein∣grave, and the like; and by the Dutch was called Eorle: But upon the coming in of the Normans they were called Comes, or Comites, that is, Counts; and for Gravity in Council, they are called Comes Illustris, a Comitando Principem. And as Earls for their Vertues and Heroical Qualities are reputed Princes, or Companions for Princes: so ought they to de∣port themselves answerable to the said Digni∣ty, as well in their Attendance and Noble House-keeping, as otherwise.

The Dignity of Earl is of divers kinds, and is either local or personal: Local, as from the denomination of some place: and Personal, as being in some great Office, as Earl-Marshal, and the like. Those Local are also Palatine and Simplices. Those that are Palatine, or Count Palatine, are Chester, Lancaster, and the Bishopricks of Durham and Ely, and re∣tain some of the ancient Priviledges allowed them by the Saxons. Hugh Lupus, who was the first Hereditary Earl, had the County Palatine of Chester given him by the Conquer∣or, who governed it Forty years, in which time he created eight Barons, and had Iura Regalia within the County.

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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 Rich∣mond in Yorkshire, Clarence in Suffolk, Arun∣del in Suffex, Bathe and Bridgwater in So∣mersetshire, and so forth. And those Earl∣doms which have their Titles without any place, are likewise of two kinds, either in re∣spect of Office, or by Birth: By Office, as the Earl-Marshal of England, called in Latin Co∣mes 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 Af∣fairs, 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 Notting∣ham (whereas before they were simply styled Marshals) and after the Banishment of Mow∣bray, 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 Heredi∣tary for ever, and is enjoyed by the Right Ho∣nourable 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 Pa∣tent for two principal purposes; one ad consu∣lendum Regi in tempore pacis; the other ad de∣fendendum Regem & Patriam in tempore bel∣li. 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 pearl∣ed, between each pyramid a Flower much shorter th••n the pyramid: And the Body is a∣dorned 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 Coun∣try.

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 Parlia∣ment 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 ob∣served. 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 bu∣sinesses concerning us, the state and defence of our Kingdom and Church, we have or∣dained 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 firm∣ly injoyning you upon your Faith and Allegi∣ance whereby you are holden unto us, that the dangers and perils imminent of that business considered, and all Excuses set a∣part, 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 here∣of fail not, as you tender our honour and the safegard, and defence of our Kingdom and Church aforesaid.

Witness our self
at West∣minster the day of in the year of our Reign.

In this Writ an Earl is saluted by the K••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 ad∣dition only, but in all legal Proceedings he ought to be styled by that his Digni∣ty.

In the first of King Edward the Third, fol. 151. a Writ of Formedon was brought a∣gainst 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

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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 Ti∣tle of Honour. To which the Demandant saith, That at that time, when he did pur∣chase 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, be∣cause 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 distincti∣on of Barons concerning this matter, here following: And so Reginald Gray was repu∣ted Esquire after the Earldom descended un∣to him, till at last it was published and de∣clared by the Queen, and the Heralds, that he was Earl of Kent in Right, and by De∣scent, 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 Ec∣clesiae Anglicanae, which by Act of Parlia∣ment in the 26th of Hen. 8. cap. 1. and in the 35th 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 at pleasure; and so it is adjudged and declared by Parliament in the First and Second of Phi∣lip and Mary, cap. 8. fol. 156.

But not between the Majestical Style of the King, and the Title of Honour apper∣taining to a Subject; this difference is be∣tween Grants or Purchases made by or to a Nobleman, &c. For in that first case it is necessary that the Name [King] be ex∣pressed, otherwise they are void. But if a Duke, Earl, or other Degree of Nobility, do Purchase or Grant, by the Name of Bap∣tisme and Surname, or other Title of Ho∣nour, it is not void; for it is a Rule in Law, That every man's Grant shall be con∣strued most to the benefit of him to whom the said Grant is made, that it may rather be strengthened than made void; for there is a great diversity in the Law between Writs and Grants: For if Writs are not for∣mally made, they shall be abated, which is only the loss of the same; but if a Grant should be made void, then the party hath no remedy to have a new one, and for that cause the Law doth not favour Advantages by occasion of false Latin, or such like mi∣stake.

And if an Earl be Plaintiff or Deman∣dant, and having the Writ, shall not abate; but nevertheless he shall proceed, and count by the Name of an Earl, according to such Title of Honour as he did bear at the time of the Commencement of his Action.

But if the Plaintiff in a Quare Impedit be made Knight, having the Writ, shall a∣bate.

There is a Statute made in the First of Henry the Fifth, cap. 5. wherein is contained as followeth: Item, It is ordained and e∣stablished, That every original Writ of A∣ctions, personal Appeals, and Indictments, in which the Exigent shall be awarded in the names of the Defendants; in such Writs, original Appeals, and Indictments, additi∣ons shall be m••de of their Estates, Degrees, and Mysteries; and the Towns, Hamlets, and Places, and the County where they were, or be conversant: And if by Process upon the said original Writs, Appeals, or Indict∣ments, in which the said additions are omit∣ted, any Outlawries be pronounced, that they be clearly void, and that before these Outlawries pronounced the said Writs and Indictments shall be abated by the excepti∣ons of the party wherein the said additions are omitted: Provided, that though the said Writs of Additions Personal be not accord∣ing to the Records and Deeds by the sur∣plusage of the Additions aforesaid, that for this cause they be not abated: And that the Clerks of Chancery, under whose Names such Writs shall go forth written, shall not leave out, or make omission of the said Ad∣ditions, as aforesaid, upon pain of punish∣ment, and to make fine to the King, by the discretion of the Lord Chancellor or Keep∣er. And this Ordinance shall begin to hold place at the suit of the party, from the Feast of St. Michael then next ensuing.

Although addition of Estate, Degree, and Mystery to be added unto Names be written in the Statute first before the additions of the Places and Counties; yet it hath been used always after the making of the said Statute, to place the Addition of Estate, Degree, and Mystery after the Places and Counties in all Writs•• Appeals, and Indict∣ments against common persons: But the use is otherwise in Appeals and Indictments of Treason or Felony against Dukes, Marquis∣ses, and Earls; for their Names of Degrees are in such case put before the Additions of Places and Counties; as Charles Earl of Westmoreland, late of Branspit in the Coun∣ty of Durham.

Names of Dignity, as Dukes, Earls, Barons, Baronets, Knights, &c. are contained within the word [Degree] for the Sate of a man is his Mystery. Brook, Chief Iustice of the Common Pleas in Abridgment of the Case of 14 Hen. 6. fol. 15. titulo, Nosme de Dignitate.

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Injuries done to the Name and Honour of a Nobleman.

IN the Second of Richard the Second, c. 1. that Counterfeits and Spreaders abroad of false and reproachful words and lies against the Nobility, Prelates, and Great Men in pub∣lick Offices; as the Lord Chancellor, or Keep∣er, the Lord Treasurer, Lord Steward of the King's Houshold, the Judges, &c. whereby Debates and Discord may arise between the said Lords and Commons, to the great de∣triment of the Realm if due Remedy be not provided; It is s••raitly Enacted upon grie∣vous pain, to eschew the said Dangers and Perils, That from thenceforth none presume to tell, or report any false and scandalous News against any of the persons aforesaid, whereby discord, or any slander might arise; and he that doth the same shall incur the punishment ordained by the Statute of West∣minster, cap. 33. which wills, that he be ta∣ken and imprisoned till he have found him that first reported the same. And further, by another Statute Anno 12 Rich. cap. 12. it was enacted moreover, That when the said Offender is taken and imprisoned, and can∣not find him that first spake them, then he shall be punished by the advice of the Coun∣cil.

And to the intent that such evil disposed persons, which by their lewd speeches and slanderous words or reports, do endeavour to break and disquiet the peace of the Realm, might the sooner be enquired of, found out, and punished by a Statute made in the first and second of Philip and Mary, it was e∣stablished, That the Justices of the Peace in every Shire, City, and Town Corporate with∣in the Limits of their several Commissions, shall have full power to hear and determine the Causes abovesaid in the two Acts of Edw. 1. and 2 Rich. 2. specified; and to put the said Statutes, and every part thereof, in due execution, that condign punishment be not deferred from such Offenders. And be∣sides the said Penalties to be so inflicted on Transgres••ors, every Nobleman, or great Officer of the Realm, against whom any scan∣dalous words, false news or lies are spoken, may prosecute the Offender in any Action de scandalis magnatum, and recover damages against him. And in like manner may e∣very inferiour person, for any such like words of infamy spoken against him, reco∣ver damages against the Offender. And in former times, speeches tending to the reproach of others were so odious, that King Edgar ordained, That his Tongue should be cut out that spake any infamous or slanderoas words of another. And the said Lord Beauchamp did sue an Action upon the Statute of Richard the Second, cap. 5. de scandalis magnatum, against Sir•• Richard Ch••••fts, because he did sue a Writ of forging of false Deeds against the said Lord Beauchamp; and the Defen∣dant doth justifie the said slander by use of the said Writ, &c. And upon Demurrer the matter of Justification was good, so that he was not liable to the punishment of the said Statutes, but was quite discharged from the same.

There is no foul puddle that ariseth from the same corrupt Quagmire, and distilled likewise out of a heart infected with Malice and Envy, but it devised and practised by another meaner than the former, which is by lybelling, secret slandering or defaming of o∣thers; for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Me∣nacer in his fury doth; but seeming to sit qui∣etly 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 Ma∣lice 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 s••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 pro∣bably one innocent (upon some suspicion or other) may come to suffer for it. Some∣times 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 con∣verse. In which cases the Law hath provi∣ded 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.

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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 dit••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 a∣bove Thirty Parliaments; and if any Act be made to the contrary, it is said to be Null by the Statute of the 4th of Edward the Third.

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OF BARONS. CHAP. IX.

AMONGST the Nobles and Ho∣nourable Persons, Barons have the next place. And first, of the Dig∣nity and Degrees of a Baron in general: Secondly, of the Etymo∣logy of the Name: Thirdly, of the Antiquity thereof, and of the divers uses in former A∣ges: Fourthly, of the Division, and the consi∣deration 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, an∣swerable unto every special kind thereof in this manner.

A Baron is a Dignity of Nobility and Ho∣nour 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 Digni∣ty.

Cambden, fol. 1692. saith, That our Com∣mon 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, Honourable, and Peers of the Realm, as they are Barons, without any other distinction.

The Etymology of the Name of Baron.

MAny Writers have laboured to place the Etymology and signification of this word, wherein (following too much their own Fantasies) they have bred much variati∣on of Opinion. As for Etymology of words, I agree with him that saith it is, Levis & fal∣lax

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The Right Honourable Richard Butler, Second son to his Grace Iames Duke of Ormond Earle of Arran, Viscount Tulough, ••nd Baron of Clougrenan in Ireland and one of the Lords of his ma^tys. most Honourable Privy Councell for the said Kingdome and Baron of Weston in England.

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The Right hon^rbl. Heneage Lord ••inch Baron of Doventry Lord High Chancellor of England. &••^a

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The R^t. hon^rbl: Walter L^d. Aston Baron of Forfare in the Kingdome of Scotland whose Father S^r. Walter Aston K^t. of y^e: Bath & Bar^t. was in y^e: 3^d: of K. Ch: y^e: i^st: created to y^e: s^d. Dignity.

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The Right Honourable Coecilius Coluert Baron Baltemore, de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of y^e Provinces of Maryland and Avalon in America.

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The Right Honourable William Lord Allington, Baron of Killard in the Kingdome of Ireland.

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The Right Honourable Iohn Lord Baron of Kingstō Ld President of the Province of Connaugh. Comissary generall of y^e. Horse for his ma^tys. Army in Ireland and one of the L^ds. of his ma^tys. most hon^rbl. Privy Councell for ••he said Kingdome.

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& plerumque ridicula; for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur. It may leave some use, and serve turn in Schools, but it is too light for Judgment in Law, and for the Seats of Justice. Thomas Aquinas setteth down a more certain Rule, In vocibus vi∣dendum, non tam a quo quam ad quid suma∣tur; and words should be taken sensu cur∣renti; for Use and Custome is the best Ex∣positor of the Laws and Words, quem penes arbitrium est, & jus, & norma loquendi, in the Lord Chancellor's Speech, in the Case Postnati, fol. 61. And forasmuch as the word may aptly be applyed to import men of strength, Bracton (as before appear∣eth) not unaptly useth the signification there∣of in these words, Sunt & alii potentes sub Rege qui dicuntur Barones, hoc est robur belli.

The Antiquity of the Dignity of Barons, and the sundry uses of the Name.

IT seemeth that the Dignity was more an∣cient than the Name; for in the ancient Constitutions there is no mention made of the name of Barons; howbeit, the Learned In∣terpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores, and afterwards cal∣led Capitanei. For of the Valvasors, which are thought to be the Barons Valvasores Mi∣nores, and Valvasini, or Valvasores Mini∣mi. The like Dignity (before the Conquest) had those which of the English-Saxons were called Thaines. Mills, fol. 28. saith, Barons were in France from the beginning; never∣theless, the name of Baron was not much used in this Kingdom until the Norman Con∣quest, after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons: For as they in general and large signification did sometimes use the same to the sense and meaning, and import of a Freeman, born of a Free Parentage, or such like: So did the Normans use the word Baron, and therefore called their best esteemed Towns and Boroughs by the name of Barons: And so the Citizens of London were called Barons Londonni; divers ancient Monuments of whom also Britan. maketh mention, fol. 272. & lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons. And the Barons of Warwick in the Record of Domesday: and unto our time, the Free Bur∣gesses of the Five priviledged Ports; and for that also divers of the Nobility of Barons, as well Spiritual as Temporal, did in ancient time sit in the Exchequer to determine the matters there arising. The Judges of that Court have been, time out of mind, called Ba∣rons of the Exchequer. And ••••lliam de la Poole was created a Baron by King Edward the Third, and made Lord Chief Baron of the Exchequer.

Moreover, as the English Saxons had two kinds of Thaines, the like hath been observed as touching Barons; ••or the King, and the Monarchs of the Realm have their immedi∣ate Barons, being the Peers of the Realm: And in like manner certain others of the No∣bility, especially the Earls which have Ju∣risdiction Palatine, and Earls-Marshal, whose Countries have confined upon the Coasts of the Enemy, and had under them for their better de∣fence, a kind of Barons; as namely under the County Palatine of Chester were these Barons, viz. the Barons of Hilton, Mountale, Molebanck, Shipbrooke, Malpas, Massa, Kinderton, Stockport, &c. The Earldom of Pembroke be∣ing first erected by Arnulphus Montgomery that conquered part of Wales; and therefore the Earl thereof being an Earl-Marshal, had also under him his Barons, as by the Parliament Rolls 18 Edw. 1. doth appear.

It hath been therefore a common Opinion received, That every Earldom in times past had under it Ten Barons, and every Baron Ten Knights Fees holden of him; and that those which have Four Knights Fees were usually called and promoted to the Degree of a Ba∣ron.

Also Lords and Proprietors of Mannors were, in respect of them in ancient remem∣brance, called Barons (but absolutely) and the Courts of their Mannors called thereof Courts Barons.

It resteth now, for the more explanation of the use of the name of Barons, that we call to re∣membrance that which hath bin afore spoken. That the Custome of our Country is, that if a Baron be created Earl, the eldest Son of the said Earl taketh upon him, in the life time of his Father, the Name and Title of the Baro∣ny, although he want the priviledges belong∣ing to a Baron.

The Tenor and proper signifi∣cation of the word Baron.

BArons Honourable are of three kinds, viz. by Tenure, by Writ, and by Creation or Patent. As for Barons by Prescription, which some men have spoken of, they are intended to be all one with the Barons by Tenure, or those whose Ancestors, time out of mind, have been called to Parliament by Writ; for other∣wise there are no such to be found as Barons by Prescription only.

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CHAP. X. Barons by Tenure.

BArons by Tenure are those, which do hold any Honour, Castle, or Mannor, as the head of their Barony per Baroniam, which is Grand Ser••eanty. And those Barons by Tenure are of two sorts, Barons Spiritual by Tenure, and Barons Temporal by Tenure. Of Barons Spi∣ritual by Tenure sufficient is said, whereunto may be added, That it appeareth by all the ancient Writers of our Law, as Brittan, Glanvile, Bracton, and the rest, that the Archbishops and Bishops of the Realm in the ancient Saxons days, as well during the time that the Realm was divided into divers King∣doms, as also after the uniting of them into one Monarchy, were called to Parliament or Assemblies of State as Wisemen; not so much in respect of their Tenure, for in those days all their Tenures were by a Frank Almoigne; but especially for that the Laws and Counsels of men are then most currant and commenda∣ble, and have a more blessed Issue and Success, where they are grounded upon the Law of God, the Root and Beginning of all true Wis∣dom And therefore our wise and religious Ancestors called to their General Council, or Wittengemote, or Court of Wisemen (as they called it) those chief and principal persons of the Clergy, which by their places and profes∣sions, by their Gravities, Learning and Wis∣dom, might best advise them what was the Law of God's acceptable will and pleasure, that they might frame Laws answerable, or at least wise not contrary and repugnant thereun∣to.

And touching the Temporal Barons by Te∣nure, mention is made of them in the Books of Law, Records, and ancient Monuments of the Realm; and these Baronies were ancient∣ly uncertain, and rentable at the pleasure of the King. But such incertainty was brought to certainty by the Statute of Magna Charta, chap. 2.

Bracton doth make express mention of Ba∣rons Temporal by Tenure; it shall be needful here again to remember the former assertion of Bracton, That the head of a Barony de∣scending to Daughters should not be divided by partition, which argueth likewise the Te∣nure of Barony. But let us descend to other Authority, viz. the Book-Case in the 48 Edw. 3. fol. 30. Sir Ralph Everdon's Case; by which Case of Law 'tis most evidently proved that there are Barons by Tenure, which in regard of such their Tenure, ought to be summoned to Parliament. And furthermore, That there were or are Barons by Tenure, read the Sta∣tute of Westminster 2. cap. 41. where the Fees of the Earl-Marshal and the Lord Chamber∣lain are expressed, which are to be taken by them upon the Homage done of every Baron by Tenure, whether the Baron holdeth by a whole Barony, or by a less.

But here ariseth a Question; If a Baron by Tenure alien and grant away the Honour, Ca∣stle, and Mannor holden by Barony, whether shall such Alien or Grauntee take upon him the State, Title, and Dignity of a Baron, or not? Or what shall become of such Dignity of Ba∣ronage after such Alienation and Grant made? They which do deny that there are any such Baronies by Tenure, do use these as their prin∣cipal Motives or Reasons: First, If there be any Baronies by Tenure, then the Alience or Grantee of such Honour, Castle, and Mannor so holden, must hold by the same Tenure that his Grantor or Feoffer before held; but that was by Barony, therefore such Grantee must hold by Barony: And if such Grant or Alie∣nation be made to persons Vulgar or Ignoble, then should such Tenure be made Noble, which were very absurd, and full of inconveniency; for Ornanda potius est dignitate domus, quam ex domo dignitas, utcunque quibus quaerenda est, ab iis honestanda. Milles peroration. 3. Second∣ly, It is very evident and manife, stthat many ancient Mannors, which in old time were hol∣den by Baronage, and were the head of Baro∣nies, are now in the Tenures of mean Gen∣tlemen, and others, who neither may, nor do challenge unto themselves in any respect here∣of any Nobility, without the great favour of the King's most Excellent Majesty, who is the Fountain of all Honour within his Dominions. Thirdly, Some ancient Barons there are that have aliened and sold many of those Castles and Mannors which did bear the Name and Dignity of Baronage; and yet themselves do still retain, and lawfully keep their Estate, Dignity and Degree of Baron, and have been, and usually are, such Alienations notwithstand∣ing, summoned nevertheless to the Parliament, and there do take and hold their ancient place accordingly.

To these Objections it shall be convenient, for the more easie unfolding the s••ate of this Question, to exhibit certain necessary distincti∣ons, and upon them to draw true and infalli∣ble Conclusions; and then to prove them by authority of Law, consent of Time, and ma∣nifold Presidents: which done, the Answer will be presently made (as I conceive) to eve∣ry of the aforesaid Objections.

First therefore, If a Baron by Tenure, which holdeth any Castle, Honour, or Mannor by Ba∣ronage, do Alien o•• give the same away, he doth it either with or without a Licence ob∣tained from his Majesty for the same. If he doth it without a Licence, then the Conclusion is certain. But by the Laws of this Realm the Barony, Honour, Castle, or Mannor so aliened

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without licence or consent, is for••eited; and the same Honour, Castle, and Mannor ••o ••ol∣den by Barony, and so aliened, is to ••e seized in the King's hands; and the ••aid Forfeiture, and such Dignity and Estate no longer to be born and continue, but to be resumed and ex∣tinguished in the Crown, from whence it was derived.

The reason therefore is notable, if we call to remembrance that which was formerly alledged out of Bracton, That Baronies are the strength of the Realm, and suffer no divi∣sion, they suffer also no alienation without the consent or licence of the Sovereign Monarch; for so should the Realm be infeebled, and base persons ennobled without desert of Vertue or Prowess: For where the thing so aliened is an Honour or Head of a Barony, it differeth much from the ordinary Tenure in Capite, whereof, if the Tenant make Alienation without Li∣cence, he is only to pay a Fine by the Statute of 1 Edw. 3. cap. 12. whereof also before the making of the Statute, there was diversity of Opinions at the Common Law after the Statute of Magna Charta, cap. 31. And for further proof see Glanvile.

In Edward the Third, certain Lands being parcel of the Barony of Bremberway were a∣liened by William de Browse the Baron there∣of, without the King's Licence, and in the Argument of the Case concerning the same, Judge Green delivered this for Law. First, That parcel of a Barony or Earldom of the King in chief cannot be aliened or dismem∣bred without his Licence; and if it be, it shall be seized, into the King's hands as forfeited, and the King shall be seized thereof in his own right again. In 43 Edw. 3. it was found by an Office, that William Bishop of Chester had leased unto one Iohn Preston, for his Life, a Mannor which was parcel of the Mannor of the said Bishoprick without Licence, and it was resolved by the Judges, and others of the King's Council, That the same was forfeited; but by mediation of the said Council the Bi∣shop submitted himself to the King, and made a Fine, and several Scire Facias's issued out a∣gainst them that had received the many pro∣••its, to answer unto the King thereof. And thus much concerning Alienations of Baronies without Licence.

But on the other part, if a Baron by Tenure who holds any Honour, Castle, or Mannor by Barony, do grant or alien the same by Licence, I must again distinguish: for either such Alie∣nation is made for the continuance of his Ba∣rony, Honour, Lands, and Tenements in his own Name, Blood, and Issue Male; or else the same Alienation is made for Money or other Recompence, or otherwise to a meer Stranger: and hereof ensueth this second Conclusion or Assertion, That if such Alienation be made for the continuance of his Barony in his Name and Blood, or Issue Male (as many have made the like) then may such Is••ue Male, together with the Barony (be it Ca••••e, Honour, or Mannor so hold••n) hold, and law••ully enjoy the Name, Style, Title and Dignity of a ba∣ron.

Moreover concerning the second Objection, It is very true that many ancient Mannors which were in times past holden by Barony, are now in the hands of Gentlemen, mean and ignoble by blood, who neither do, or may claim any Nobility or Honour thereby. But there hath been some former Gifts made by the King's Progenitors to such as they honoured in augmentation and support of their Honour, and for honourable Services, should thus come to the hands of mean personages, are twosold: First, For that such Mannors have been alien∣ed by Licence unto such persons before spoken, of whom such Possessions alone cannot make Noble. Secondly, And that was usually such Mannors as were in ancient time holden by Ba∣rony, that have upon divers occasions come to the Crown, were extinct; and after the same Lands were given or conveyed to others, re∣serving other Services than those which at the first were due ••or the same, so that it was no marvel that some Mannors anciently holden by Barony, or other honourable Service, should now be holden in Soccage, or by other mean Tenure.

As to that which was thirdly Objected, That some ancient Barons there are which have ali∣ened and sold away those Castles and Mannors of which they have and do bear the Name and Dignity, and yet still themselves do retain and lawfully keep the Dignity and Degree of a Baron, and have been, and are called to Par∣liament notwithstanding such alienation.

To that I Answer, That it is true; but it proveth nothing against the former Resoluti∣on, and therefore for better satisfaction of this point, it is to be considered, that either such Barons are original Barons by Writ, or Ba∣rons by Tenure. Barons by Writ (in this re∣spect now in hand) are of two kinds; for ei∣ther in such Writ whereby they are, or their Ancestors were first summoned, they were on∣ly named by their own Names, or else there was addition given them of the principal place of their abode, which was done for distincti∣on sake, either to sever them from some ho∣nourable person of the same Name; or else to give them such honourable Title by addition of the place, which place notwithstanding was not holden by Barony: And therefore if such a Baron do alien away that place which was an∣tiently his Seat, he may nevertheless retain his honourable Title, no respect had of such place.

But if a Baron by Tenure do alien away the Honour, Castle, or Mannor holden by Barony unto a mean person not capable of Honour, and by sufficient Licence so to do; and after the A∣lienor which made such Alienation, be called

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by Writ to Parliament under the Title, or as a Baron to such Honour, Castle, or Mannor so aliened that away which he held by Barony. But thenceforth, after such Writ of Summons he is become a Baron by Writ, such Alienati∣on notwithstanding, forasmuch as the Writ di∣recteth at the pleasure of the Prince, doth give unto him that Addition of Name and Digni∣ty.

And thus much touching the Resolution of the said Question, and satisfaction of the said Objections, and of Barons by Tenure.

CHAP. XI. Barons by VVrit, which is the second kind of Barons menti∣oned in the former Division of Barons.

A Baron by Writ, is he unto whom a Writ of Summons, in the Name of the King, is directed, to come to the Parliament appoint∣ed at a certain time and place to be holden, and there with his Majesty, the Prelates, and Nobility, to treat and advise about the weighty affairs of the Nation; which Writ is much to the effect of the aforementioned Writ in the Title of Earl, and which kind of Writ is as well directed to the Barons of Tenure, as by Creation by Patents: But those that are not Ba∣rons by Tenure, nor by Patent, and have only such Writs, after the receipt of such Writ, and place taken in Parliament accordingly, ought to enjoy the Name and Dignity of Ba∣rons.

Touching the Antiquity of Barons by Writ only, and the first institution thereof, I find little or no mention before the Reign of King Henry the Third; and therefore I conceive that either the first, or at least the first frequent use of such Barons was had, and devised 49 Hen. 3. in case of necessity, and upon a com∣mendable occasion: For in the disorder between the King and his Nobility in those troublesome Wars, where Seditions and Rebellions were stirred up by them against the said King, there were many great Battels fought, to the effusi∣on of much Blood, of which said Rebellions the Right Honourable Simon Earl of Exeter, was Ring-leader for the Defence of their Li∣berties (as pretended) granted by Magna Charta, and Charter of the Forest (which are even to this day the principal Grounds of the positive Law, and are the most ancient Sta∣tutes now in use amongst us) And for the de∣fence of other Constitutions and Ordinances then made at Oxford: And after divers Fields sought betwixt them at Northampton, Roche∣ster, Lewes, and other places; last of all was the Catastrophe of that Tragedy finished at Eveshalm or Easam in Worcestershire, where the said Earl was slain, the King gained the Victory, and the rebellious Barons received their overthrow: Upon which presently ensu∣ed the Parliament holden at Winchester in Hantshire, and afterwards at Westminster, where such of the Barons as were slain in the Field against the King, and such others of them as were taken Prisoners, or made their escape by flight, were to be attainted, and disinheri∣ted of their Estates. And the Number of Ba∣rons who had continued faithful unto their So∣veraign being small, it was deemed a necessary policy, to supply the number of the diminished Barons with other persons of known worth, wisdom, and repute; by reason whereof there were called at those Parliaments the Abbots and Priors of the Realm, as well those that held not by Barons, as others; and divers o∣thers of the most worthy Laity not holding by Barony; and these by means thereof were thenceforth Barons by Writ; but certain of the said Abbots and Priors, which held not by Ba∣rony, and thought it a burthen to their Houses, got themselves (upon Petition) afterwards to be exempted, as by divers Records thereof re∣maining in the Chancery may appear.

This moreover is to be noted concerning the Writ of Summons to Parliament, that those Writs in form of their directions are divers, some directed by special Name of Barons, as Rex, &c. Edmundo Baroni de Stafford, Io∣hanni Baroni de Graystock, Iohanni Baroni de Dudley, Edwardo Nevill Baroni Aberga∣veny, as it was in the Reign of King Iames.

Some other are summoned by Name of the party, with addition of the place (as Io∣hanni Strange de Knocking, Militi, Edwardo Gray de Groby, Militi, Iohanni le Scroop de Masham, Militi, Willielmo Souch de Harring∣worth, Militi) the chief Castle or Mannor of such Baron, which always stands afterwards for the head place of the Barony, whereof the said Baron and his Heirs shall be surnamed, and called, and shall continue that name of place, although he do alien away the same, as afore∣said.) Some others are named with the Title of Lord, as Sir Hugh Bramsteed, by Writ of the 27th of Henry the Sixth, was styled Lord Veysey.

Iohan. Beauchamp Domino de Beauchamp Iohanni Domino de Clynton. To some others the Writ is directed only by their Name, with∣out any addition of place or dignity, as Willi∣am de Lovell, Mil. William Devereux, Mil. &c.

But the Nature, Quality, and Addition of those Barons by Writ is aptly discovered by the debate of a Question moved often amongst men, and spoken of concerning the continuance and descent of a Barony by Writ; which Que∣stion,

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for the more orderly disposition thereof, I shall divide into these Heads or Points.

Question.

First, Whether a Barony by Writ may de∣scend from the Ancestor to the Heir, or not?

Secondly, Admit such a Barony may de∣scend, then, Whether it doth descend to the Heirs, although not so near as the Heir Fe∣male?

Thirdly, Admit it doth descend to the Heirs Female; then, Whether may the Husband of such an Heir Female take upon him the Name, Style, and Dignity of such a Barony in right of his Wife, or no?

Those therefore that maintain the Nega∣tive, that such a Barony shall not descend, do strengthen themselves with these or the like Arguments, viz.

The first Argument, Whether a Barony by Writ may descend?

Nobility and Honour, which are given in respect of Wisdom, Connsel, and Advise, can∣not extend to any other person, or descend from one man to another; for it is a Rule in Law, That Privilegium personae personam sequitur, & extinguitur cum persona: But such is the Dignity of a Baron; therefore it is rea∣son that it should not descend from the Ance∣stor to the Heir.

The second Argument.

Again, If the calling of the Parliament by Writ be the sufficient instrumental cause of such Nobility to the Ancestor, the not calling of the Heir is a loss of that Nobility: For if the Heir have defects of Nature in him, as Idiotsie, Frensie, Leprosie, or the like, where∣by he is become unfit for Counsels and Con∣versations, for what reason should he enjoy that Dignity, whereof he is either unwor∣thy or uncapable? for the effect hath no place where the cause faileth: and hereof they con∣clude that such Dignities of Baronies by Writ should not descend.

If on the contrary part, the Affirmation is thus proved. Honour, which is given in re∣spect of Wisdom and Vertue of him on whom it was first bestowed, is not only a due recom∣pence for himself whilst he lived, but also a memorable Reward thereof to Posterity. The words of Cicero to this effect are most excel∣lent, Homines bonos semper nobilitate favi∣mus, & quia utile republicae est nobiles esse & homines dignos majoribus suis, & quia va∣lere debet apud nos claros hujusmodi senes fu∣isse, è republica moveretur memoria & mortuc∣rum Honor. Therefore this kind of Honour is Patrimonial and Hereditary; for things which are once granted unto a man by the King for his Honour, are not again to be returned to his loss and disgrace, or to his Heirs.

The second Argument.

Secondly, If the Infamy of the Father be a blot to the Posterity, as the Wiseman Solo∣mon affirmeth, The Children complain for an ungodly Father, they are reproved for his sake; and for that also the Law of the Realm doth corrupt the blood of the Posterity by and upon the Offence of the Ancestor; Reason would also be, that the Honour of the Ance∣stor should be likewise Honour to the Posteri∣ty; for contraries do also carry their contrary Reason. For the determination whereof 'tis to be noted, that diversity of Reason hath bred diversity of Opinion. Some there are that do speak, That the Dignity of a Baron by Writ is not discendable from the Ancestor unto the Heir, unless the Heir be likewise called by Writ to Parliament, and that then it becometh an Inheritance, and not before. But this Asser∣tion is repugnant to the nature of Descent, which for the most part doth carry a Patrimony descendable by act of Law presently upon the death of the Ancestor unto the Heir not at all. Wherefore the Custom of the Country, and the manifest Presidents do prove, that this kind of Baronies doth descend from the Ancestor to the Heir, and there needeth not any word of Heir in the Writ of Summons; only one President there is in a special Writ sometime directed to Sir Henry Bromfleet in the 27th of Henry the Sixth, wherein he was styled Lord Veysey, and wherein there are these words in∣serted, Volumus tamen vos & haeredes vestros de corpore vestro ligitime enatos Barones de Veysey existentes. Wherefore it is very true, that when the Heir of any such Baron by Writ is called to the Parliament, that his Descent of Honour is thereby established and approved of by the gracious Judgment of our Sacred So∣vereign: So it is also true, that if it shall stand with his Majesties pleasure, that such an Heir shall not be summoned at all, then that Nobility is much impaired, and in a manner extinguished in the censure of all men; for that it hath no other original but by a Writ of Summons, from the which by the Judgment of the Su∣pream Sovereign he is excluded.

As to the second principal point, Whether the Barony by Writ may descend to the Heir Female, it shall not be amiss likewise to shew the Reasons on either part, that by conflict of Argument the truth may the better be disco∣vered.

Those that maintain the Affirmative part, do say, That in reason the Sex of the Heir Fe∣male ought no more to barr her Dignity, than the Nonage of the Heir Male ought to barr him, though during his Nonage he be unable to do the Service. But as the Service of the one is for time forborn, so the Sex of the other

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may at all times be supplied by the maturity of her Husbands Offices of Honour, which do much import the Commonweal, being passed by Inheritance, do descend to the Heir Female, as the Office of the High Constableship of Eng∣land, which descended unto the Daughter of Hum. de Bohun Earl of Hereford and Essex. Also the Office of the Lord Steward descend∣ed to Blanch, Daughter of Henry Earl of Lan∣caster. The like may be said of the Office of Earl-Marshal, which descended by an Heir Fe∣male to the House of Norfolk. All which Of∣fices are as unsit to be exercised by a woman, as for a Woman to be summoned by Writ to the Parli••ment as a Baroness, &c.

Many Noble Houses also in England do sup∣port and lawfully bear the Dignity of a Ba∣ronage unto them descended by a Woman.

The first Argument contra.

They which stand of the Negative part in this Controversie, do encounter their Adver∣saries in this manner, viz. The Writ of Sum∣mons to the Parliament, whereby the Baron by Writ hath his Original, is to call that Ho∣nourable and Worthy Person so summoned to the number of that Right, High, and Ho∣nourable Assembly, and to be a Judge, to sit, hear, and determine Life and Member, Plea and right of Land, if there shall come occasion: likewise to give Counsel and Advise in the most mighty Affairs of the Realm: But these things are convenient for the quality and con∣dition of men; unfitting, and altogether un∣beseeming the Sex of women.

Ergo, having respect unto the scope and fi∣nal purpose of such Writs, such Inheritances should only descend unto the Heir Female.

The Second Argument contra.

Secondly, If it shall be answered, That al∣though the Heir Female, to whom such Inhe∣ritance is descended, be unfit in her own per∣son for the accomplishing of these things; yet she may marry with one sufficiently able for her, and in her behalf to execute the same. This Answer will neither satisfie nor salve the inconveniences: For admit that such an Heir Female were at full Age at the death of her Ancestor, unmarried; for it doth lye in her own choice then whom shall be her Husband.

The Third Argument contra.

Thirdly, If such Husband shall be called by the right of his Wife, the Writ shall make some mention thereof; for otherwise it may well be taken that the Husband was chosen in his own person, and in behalf of himself, and not in regard of his wife, or such pretended Dignity descended unto him. But there was never such a Writ of Summons seen wherein the wife was mentioned. And if the husband of such a wife have been called to the Parlia∣ment (which is always by General Writ) not mentioning his wife, he is thereby made a Ba∣ron of himself by virtue of the said Writ. Having thus heard both sides to dispute place, it doth now require to interpose Opinion to compound the Controversie. This point in que••tion is somewhat perplexed by means of difficult Presidents: For first it is observed, That some Presidents do prove that Baronies by Writ have descended unto Heirs Female, whose husbands have been called to Parlia∣ment, whether in regard of themselves, or in respect of their wives right, it maketh no mat∣ter: but since it is, that the marriage of such Ladies gave that occasion to be summoned, and such husbands and their Po••••erity have and do lawfully bear the same Title of Dignity, which the Ancestors of such a wife did before right∣fully bear: For by this Controversie the••e is no purpose to call the right of such Noble Hou∣ses into question. Howbeit, Secondly, this is to be observed out of the Presidents, and to be acknowledged of every dutiful Subject, That the King's Majesty is nevertheless at liberty to call to his High Council of Parliament, whom he shall in his Princely Wisdom think fit, which by his Majestie's Noble Progenitors have in former Ages likewise observed.

And therefore whereas Ralph Lord Crom∣well, being a Baron by Writ, died without Is∣sue, having two Sisters and Coheirs, Eliza∣beth the eldest, who married Sir Thomas Ne∣vile Knight, and Ioan the younger, who mar∣ried Sir Humphrey Butcher Knight, who was called to Parliament as Lord Cromwell, and not the said Sir Thomas. Thirdly, It is to be ob∣served, That if a Baron by Writ die without Heir Male, having his Daughter, Sister, or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any an∣cient entail, or otherwise, the Title of such an Heir Female hath heretofore been allowed, as by the honourable Opinions and Relations of the Right Honourable the late Commission∣ers in the Office of Earl-Marshal, signified un∣to the late Queen, upon Petition of the Sister and Heir of Gregory Lord Dacres deceased, may appear.

Moreover, in the same Pedigree of the Lord Dacres it was expressed, That Thomas, some∣times Lord Dacres, had issue Thomas his eld∣est Son, Ralph his Second, and Humphrey his third. Thomas, the eldest, died in the life of his Father, having issue Ioan Daughter and Heir, who was married to Sir Richard Fines Knight, and after Thomas Lord Dacres his Grandfather, and Father to the said Ralph and Humphrey, died; after whose death Henry the Sixth, by his Letters Patents bearing date at Westminster the Seventh of November, in the Seventh year of his Reign, reciting the said Pedigree and Marriage, doth by his said

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Letters Patents accept, declare, and repute the said Richard Fines to be Lord Dacres, and one of the Barons of the Realm. But after∣wards, in the time of Edward the Fourth, the said Humphrey Dacres, after the attainder of the said Ralph, and himself by an Act of Parliament, which was the first of Edward the Fourth; And after the death of the said Ralph, and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth, the said Humphrey made challenge un∣to the said Barony, and unto divers Lands of the said Thomas his Father, whereupon both parties, after their Title had been considered of in Parliament, submitted themselves to the Arbitrement of King Edward the Fourth, and entred into Bond each to other for the perform∣ance thereof; whereupon the said King, in his Award under his Privy Seal, bearing date at Westminster the Eighth of April, Anno Regni sui decimo tertio, did Award that the said Ri∣chard Fines, in the right of Ioan his wife, and the Heirs of his body by the said Ioan be∣gotten, should keep, have, and use the same Seat and Place in every Parliament, as the said Thomas Dacres Knight, Lord Dacres, had u∣sed and kept; and that the Heirs of the body of the said Thomas Dacres Knight, then late Lord Dacres, begotten, should have and hold to them and to their Heirs the Mannor of Holbeach. And further, That the said King Edward did Award on the other part, that the said Humphrey Dacres Knight, and the Heirs Males of the said Thomas, late Lord Dacres, should be reputed, had, named, and called the Lord Dacres of Gillesland; and that he, and the Heirs Males of the body of the said Tho∣mas, then late Lord Dacres, should have, use, and keep the place in Parliament next adjoyn∣ing beneath the said place, which the said Ri∣chard Fines Knight, Lord Dacres, then had and occupied.

And that the Heirs of the body of the said Ioan his wife shall have and enjoy, and that the Heirs Males of the said Thomas Dacres, late Lord Dacres, should have to them and the Heirs Males of their bodies begotten, the Mannor of Iothington, &c. And so note, that the name of the ancient Barony, namely Gil∣lesland, remained unto the Heir Male to whom the Land was entailed.

Moreover this is specially observed, If any Baron by Writ do die, having no other Issue than Female, and that by some special entail, or other assurance, there be an Heir Male which doth enjoy all or great part of the Lands, Possessions, and Inheritances of such Baron deceased, the Kings have used to call to the Parliament by Writ, as Baron, such Heir Male, omitting the Husband of the Issue of such Heir Female. And this also appeareth by a notable Controversie in the time of Henry the Seventh, between Sir Robert Willoughby Lord Brook, and Richard Lord Lattimer, for the Barony of Lattimer, which in effect was; The said Lord Brook did challenge the Barony of Lattimer, as Co••in and Heir of Elizabeth his Great-grandmother, who was Sister and Heir of Iohn Nevill Lord Lattimer, who died without Issue: And hereupon exhibited a Pe∣tition to Henry the Seventh in Parliament; whereunto Richard Lord Lattimer was cal∣led to answer, because he then enjoyed the said Title and Dignity.

The said Richard Lord Lattimer did by his Answer shew, That after the death of the said Iohn Nevill Lord Lattimer without Issue, the said Elizabeth was his Sister, and next Heir, and married unto Thomas Willoughby Knight, second Son of the Lord Willoughby. But Henry the Sixth, for that the said Iohn Ne∣vill Lord Lattimer was dead without Issue, and that the next Heir was Female, did therefore call to the Parliament George Ne∣vill Knight, second Son of Henry Earl of Westmoreland, to be Lord Lattimer, as Co∣sin and next Heir Male of the said Iohn Nevill Lord Lattimer; which George was Grand∣father of the said Richard Lord Lattimer, Fa∣ther of the said Richard. In debate of which cause, the Question now in hand, namely, Whether a Barony by Writ may descend to the Heirs Female? was advisedly considered of by the King and his Nobility in Parliament, and in the end adjudged with the said Richard Lord Lattimer; which President doth afford us two Judgments in this point: And in the time of Henry the Sixth, when the Writ was directed to the said Sir George Nevill Knight, whereby he was summoned as Lord Lattimer to the Parliament, and as Heir Male, and not the said Thomas Willoughby Knight, husband of the said Elizabeth, Heir Female. And the second Judgment was given in the time of Henry the Seventh, whereby the said Barony was adjudged to the said Richard Lord Latti∣mer, coming out of the special Heir Male, against the Lord Brook, descended of the ge∣neral Heir Male.

But here in this President before remem∣bred of the Barony of Dacres, may be obje∣cted to encounter this Conclusion; for there was an Heir Female married unto Sir Richard Fines; who by the Declaration of King Hen∣ry the Sixth, was Baron of Dacres in right of his wife. And there was also Ralph and Hum∣phrey, the Heirs Males, before whom the Heir Female was preferred by the censure of Henry the Sixth, and Edward the Fourth. This Objection is easily answered; for although Hen∣ry the Sixth, through the Princely favour which he bore unto Sir Richard Fines, had declared him to be Lord Dacres in right of his wife; yet notwithstanding did Ralph Dacres, being Heir Male then unto the Lord Dacres, and by that name was attainted in Parliament Anno primo Hen. 4.

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Wherefore the reason why the Heir Male could not be regarded was the said Attainder of the said Ra••ph and Humphrey his brother; and therefore when Humphrey in the 12th of Edward the Fourth, laboured to have the said Attainder Reversed, he submitted himself to the Arbitrement of the King, who to satisfie both Competitors, both having deserved of him after he had admitted them to his favour, he allowed one to be Lord Dacres, and the other to be the Lord Dacres of Gillesland.

And thus much concerning the second Point, Whether a Barony by Writ may descend unto the Heir Female.

The third Point.

As concerning the third Point, admitting such Descent to be to the Heir Female, when there is no Heir Male that may claim the same; for then doth this Question take place, Whe∣ther the husband of such an Heir Female shall enjoy the Dignity in right of his wife, or no? Wherein we are to rest upon a Resolution had and given to this special Question, which was in this manner.

In the time of Henry the Eighth, when Mr. Winby took upon him the style of Lord Talbois in right of his wife, having no Issue by her; The said King, assisted both by Civil and Temporal Lawyers, gave Sentence, That no husband of a Baroness, in her right, should use that Style and Dignity, until he had by her a Child, whereby she should become Te∣nant by Courtesie unto her Inheritance. The special Reasons that occasioned this Sentence, were two.

First, It should be convenient for her hus∣band this day to be a Baron and a Peer of the Realm, and to morrow, by the death of his wife, to become none, and without the default of the party.

Secondly, If he had Issue by wife, and were entituled to be Tenant by the Courtesie of England of his wives Lands, if he shall not also bear the Style and Dignity of his Wives Barony, then should the Son, after the death of his mother, dying in the life time of his fa∣ther, be a Baron and Lord without Land; for so the father should have the Land as Tenant by Courtesie, and the Son the Lordship with∣out Land. And thus much said concerning the Nature, Quality, and Estate of a Baron by Writ, and for the Resolution of the several points and Articles of the Question proposed, may suffice.

CHAP. XII. Barons by Patent, which is the third kind of Barons menti∣oned in the former Division of Barons.

THere is also a fourth means of Creation, viz. by Act of Parliament: but the first two mentioned, and this other by Patent, is most usual for the Honour of the King; for thereby the Donation doth proceed from his Majesty only, as from the Fountain of Honour: But when the Creation is by Parliament, the King ever is one, and may be said to be Donor.

A Baron therefore by Creation by reason of Letters Patents, is that noble Person whom the King, or any of his Progenitors, Kings of this Realm, have created Baron by such their Letters Patents, began in the Reign of King Richard the Second.

This kind of Dignity of a Baron shall be of such continuance in Descent, or otherwise, as shall be limited in the Habendum in such Let∣ters Patents contained: for it may be but for the life of him to whom it is given, or for term vanter vie, as some hold Opinion in the 32 of Hen. 6. for cujus est dare est disponere. It may be in special in our general Tayl; and this kind of Tayl was usual before the Statute made decimo tertio of Edw. 1. by which Estate Tayl of Lands and Tenements was created, as ap∣peareth by the Patent whereby Hubert de Burgo was made Earl of Kent in the time of Henry the Third, by these words; Habendum sibi & haeredibus suis de corpore Margaretae uxoris sui, sorors Alexandri Regis Scotiae, procreatis, & pro defectu talis exitus rema∣nere in directis haeredibus dicti Huberti. And that Estates intayl are at this Day of Ti∣tles of Honour by the said Statute of Westmin∣ster the second.

Question.

If a Nobleman and his Progenitors have for a long time been called to Parliament, and be a Baron either by Tenure or Writ, and have had in regard thereof a place certain in Par∣liament; if afterwards the said Nobleman should be created a Baron of that Barony, and by the same name by Letters Patents, whether shall he and his Heirs retain his old place in Parliament, which he had according to his for∣mer Dignity; or whether shall he lose his old place, and take a new one, according to the time of his Creation?

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Answer.

The Case of the Lord Delaware lately e∣rected a Resolution somewhat answerable to this Question: Thomas Delaware in the third of Edward the Sixth, being in some displea∣sure with William West his Heir and Nephew, who was Father to Thomas late Lord Dela∣ware, and Grandfather to Henry Lord Dela∣ware that Nevis procured by Act of Parlia∣ment, by which the said William West was; during his natural life only, clearly disabled to claim, demand, or have any manner of Right, Title, or Interest by Descent, Remainder, or otherwise, in or to the Mannors, Lands, Te∣nements, or Hereditaments, Title and Digni∣ty of Thomas Lord Delaware his Uncle, &c. After the said Thomas Delaware died, and the said William West was in the time of Queen Mary attainted of Treason by Verdict, but par∣doned by the said Queen; and afterwards by Parliament, in the time of Queen Elixabeth, was restored; and in the fourth year of her Reign was created Lord Delaware by Patent, and took place in Parliament accordingly, for that by the said Act of Parliament of Edward the Sixth, he was excluded to challenge the former ancient Barony; and after he died. Now whether Thomas Delaware should take his place according to the ancient Barony by Writ, or according to his Father's Creation by Patent, was the Question. The Opinions of the late Queens Council, being his Majestie's Attorney General and Solicitor, were, That the acceptance of the new Creation by the said William West could not extinguish the ancient Dignity, for that he had not the ancient Dig∣nity in him at that time of his Creation; but the Dignity was by the Act of Parliament 3 Edw. 6. in the ballance of suspence or conside∣ration of Law, and he thereby utterly disabled to have the same during his life, only so as o∣ther acceptance could not extinguish that Dig∣nity which he then had not, nor could not con∣clude his Heir, who was not disabled by the Parliament 3 Edw. 6. to claim the ancient Barony; which Opinion of theirs was seen and allowed by the then Chief Justice of Eng∣land, and Lord Chief Baron, and so signified to the Lord Keeper. But this to be noted by the Reasons made for the said Resolution, though if the said Sir William West had been Baron, and entituled, and in possession of the ancient Dignity, when he accepted the ancient Creation, the Law perchance might have been otherwise; but that remains as yet unresolved: Nevertheless the Rule is, Eodem modo, quo quid constituitur, dissolvitur. But by a Grant which is but a matter of Fact, a man cannot transfer his Title of Honour. And thus much concerning the Degrees of Barons within this Realm upon this occasion, for the better un∣derstanding and direction of that which fol∣loweth to be handled. And in this place I think it not impertinent to mention one Case, which I met with in our Books of Common Law, concerning the Descent of a Title of Honour, whereof the Ancestor had Estate in Feesimple; there is a Maxim in the Law, Pos∣sessio fratris in feodo facit sororemesse haeredem: But if a man by any of the three means a∣foresaid be created into a Title of Dignity to him and his Heirs for ever, and so have Issue by one wife a Son and a Daughter, and hath also a Son by a second wife; afterwards the Father dieth, and his eldest Son entreth into all his Father's Inheritances, and also enjoyeth the Titles and Dignities which his Father had, but dieth without Issue: In this Case the Dig∣nity shall descend upon the younger Son, though he be but of the half blood to him that last enjoyed that Name and Title of descent, and shall not descend to his Sister of the whole blood. And yet in this case he shall only be her Brother's Heir of all his Feesimple Lands; and the reason thereof is, because possessio fra∣tris is the name and sole cause which may give Title to her, his Sister, which faileth in this case of Dignity; for it cannot be said that her elder brother was in possession of his Title of Honour, no more than of his blood; so as neither by his own act, nor any act to be done by any other, did gain more actual possession (if so it may be termed) then by the Law did descend to him: and therefore the younger brother may well by the Law make himself Heir unto his Father of the Honour, that he cannot be heir unto his brother: So that this word [Possession] which is no other than pedis positio, extendeth only unto such things of which a man may, by h••s entry, or other act be possessed, and doth require actual pos∣session. Coke's third part, 92.

Having thus much treated concerning the Creations, and other things incident to the de∣grees of Nobility, I cannot omit some things concerning the sufficiency and ability of Estate, which the Law doth require to be in every of them, according to their several Dignities. The Common Law (which always will deco∣rum and conveniency be observed, considering the Charges and Dignities appertaining to these Degrees and Dignities, being Offices of principal Service to the King and Realm, both in War and Peace) hath ordered, that each of them ought to have a convenient Por∣tion and Inheritance in Land to support the said Dignity, which Supplies are as Sinews conjoyned in the same: For in Vertue and Ri∣ches (as Aristotle confesseth) all the old No∣bility consisted, and which two Properties maketh a good Complement; for utilior est sapientia cum divitiis conjuncta. Therefore a Knight's Fee which he ought to have is Twen∣ty pounds Land by the year; a Baron's thir∣teen Knights Fees and a quarter; and an Earl's twenty Knights Fees. For always the fourth

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part of each Revenues, which is by the Law held requisite for the Dignity, shall be paid to the King for the Relief. As for Example; the Relief of a Knight is five pounds, which is the one fourth of his Revenue, according to the Statute of the first of Edward the Second. The Relief of a Baron is One hundred Marks, which is also the fourth part of his Revenue. And the Relief of an Earl is One hundred pounds al••o, the fourth part of his Revenue. And it appears by the Records of the Exche∣quer, that the Relief of a Duke amounteth unto Three hundred pounds. And this is the reason in our Books, that every of the Nobili∣ty is presumed in the Law to have sufficient Freehold ad sustinendum nomen & onus. And to what value those ancient Fees in the time of Henry the Third, and Edward the Fourth, at this day do amount unto, most men are not unskilful in, Coke's seventh part, 33. And in Cases of Decay of Ability, and Estate, as Se∣natores Romani amoti Senatu, so sometimes they are not admitted to the Upper House of Parliament, though they still keep their Title and Dignity. Sir Thomas Smith de Republica A••glorum 22. and by the Statute made 31 Hen. 8. cap. 10. the Lords have their places pre∣scribed after this manner as followeth, viz. These four, the Lord Chancellor, the Lord Treasurer, the Lord President of the Council, and the Lord Privy Seal, being Persons of the Degree of a Baron or above, are in the same Act appointed to sit in Parliament, and in all Assemblies and Councils above all Dukes, not being of the Blood Royal, viz. the King's Uncle, Brother, and Nephew. And these six, viz. the Lord Great Chamberlain of England, the Lord High Constable of England, the Lord Marshal of England, the Lord Admiral of England, the Lord High Steward of his Ma∣jesties Houshold, and the Lord Chamberlain al∣so of his M••jesties Houshold, by that Act are to be placed in all Assemblies of Council after the Lord Privy Seal, according to their Degrees: So that if he be a Baron, than he is to sit above all Barons; or if an Earl, above all Earls. And so likewise the King's Secretaries, being Barons or Earls, have place above all Barons or Earls.

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PRIVILEDGES Incident to the NOBILITY According to the Laws of England. CHAP. XIII.

WHEN a Peer of the Realm, and Lord of the Parliament, is to be Arraigned upon any Trespass or Felony whereof he is indicted, and where∣upon he hath pleaded Not Guilty, the King by his Letters Patens shall assign some great and sage Lord of the Parliament to be High Steward of England for the day of his Ar∣raignment, who before the said day shall make a Precept to his Serjeant at Arms, that is ap∣pointed to serve him during the time of his Commission, to warn to appear before him Eighteen or Twenty Lords of the Parliament (or Twelve at the least) upon the same day. And then at the time appointed, when the High Steward shall be set under the Cloth of Estate, upon the Arraignment of the Prison∣er, and having caused the Commission to be read, the same Serjeant shall return his Pre∣cept, and thereupon the Lords shall be called; and when they have appeared, and are set in their places, the Con••••able of the Tower shall be called to bring his Prisoner to the Barr, and the High Steward shall declare to the Prisoner the cause why the King hath assembled thither those Lords, and himself, and perswade him to answer without fear; and then he shall call the Clerk of the Crown to read his Indictment unto him, and to ask him, if he be Guilty, or not: whereunto when he hath answered Not Guilty, the Clerk of the Crown shall ask him How he will be tryed, and then he will say, By God and his Peers. Then the King's Ser∣jeant and Attorney will give Evidence against him; whereunto when the Prisoner hath made answer, the Constable shall be commanded to receive the Prisoner from the Barr to some o∣ther place, whilst the Lords do secretly confer together in the Court; and then the Lords shall rise out of their places, and consult a∣mongst themselves, and what they affirm shall

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be done upon their Honour, without any Oath to be ministred upon them. And when all, or the greatest part of them, shall be agreed, they shall retire to their places, and sit down. Then the High Steward shall ask of the youngest Lord by himself, if he that is Arraigned be Guilty or not of the Offence whereof he is Ar∣raigned, and then the youngest next him, and so of the residue one by one, until he hath asked them all; and every Lord shall answer by himself. And then the Steward shall send for the Prisoner again, who shall be led to the Barr, to whom the High Steward shall rehearse the Verdict of the Peers, and give Judgment accordingly.

The Antiquity and Original of this kind of Tryal, by the opinion of several Authors, is grounded from the Statute of Magna Charta, so called, not in respect of the quantity, but of the weight of it. Coke to the Reader be∣fore his eight part, fol. 2. cap. 29. beginning thus, Millus liber homo, &c. nec super eum ibimus, nec super eum mittemus, nisi per le∣gale judicium parium suorum. But I take it to be more ancient than the time of Henry the Third, as brought into the Realm with the Conqueror, being answerable to the Norman and French Laws, and agreeable with the Cu∣stom Feudale, where almost all Controversies arising between the Sovereign and the Vassal are tryed per Iudicium parium suorum.

And if a Peer of the Realm, upon his Ar∣raignment of Treason, do stand mute, or will not answer directly, Judgment shall be given against him as a Traytor Convict, and he shall not be prest to death, and thereby save the forfeiture of his Lands; for Treason is out of the Statute of Westminster 1. chap. 12. 15. Ed. 4. 33. Dyer 205. But if he be Arraigned upon Indictment of Felony, he may be mute. This priviledge hath some restraint, as well in re∣gard of the person, as in the manner of pro∣ceeding. As touching the person; first the Archbishops and Bishops of this Realm, al∣though they be Lords of the Parliament, if they be impeached of such offence, they shall not be tryed by the Peers of the Realm, but by a Jury of Knights, and other substantial Persons upon their Oaths; the reason thereof alledged is so much as Archbishops and Bishops cannot pass in the like cases upon Peers, for that they are prohibited by the Common and Ecclesiastical Laws to be judged of Life and Blood. Reason would that the other Peers should not try them; for this Tryal should be mutual, forasmuch as it is performed upon their Honours, without any Oath taken. And so by the way you may see the great respect the Law hath to a Peer of the Realm, when he speaketh upon his Honour, even in a case con∣cerning the life of a man, and that of a Peer; and therefore ought they much more to keep their Words and Promises in smaller matters, when they engage their Honour for any just cause or consideration.

Secondly, as touching these persons, no Temporal Lords, but they that are Lords of the Parliament, shall have this kind of Tryal; and therefore out of this are excluded the eld∣est Son and Heir apparent of a Duke in the life of his Father, though he be called an Earl. And it was the case of Henry Howard Earl of Surrey, Son and Heir apparent to Thomas Duke of Norfolk, in 38 Hen. 8. which is in Brook's Abridgment Treason, 2. Likewise, the Son and Heir apparent of an Earl, though he be called a Lord. And all the younger Sons of Kings are Earls by birth, though they have no other Creation; but shall not be partaker of these or other Priviledges incident to the Lords of the Parliament.

Thirdly, Those that are Barons, and of the Nobility of Scotland or Ireland, if upon the like Offence committed in England they be ap∣prehended in England, they shall not have this Tryal by Peers, no, though they were born in England; for they received their Dig∣nity from a King of England of other Nations: But if the King of England do at this day cre∣ate one of his Subjects of Scotland or Ireland an Earl, Viscount, Baron, or other Peer of this Realm; or by his ordinary Writ of Summons under his Great Seal do call him to the Upper House of Parliament, and assign him a place, and to have Voice free amongst the Lords and Peers there assembled, he shall be partaker with them in all priviledges.

And thus much concerning the restraint of the Priviledges in respect of the persons 39 Ed. 3.

And touching the manner of proceeding, it appeareth by the said Statute of Magna Char∣ta, chap. 29. That a Peer of the Realm shall be tryed by his Peers only, in case where he is indicted at the King's Suit of Treason or Felo∣ny; for the words of the Statute be Nec su∣per eum ibimus, &c.

But if any Appeal of Murther of Felony be sued by any common person against a Peer of the Realm, he shall be tryed by common per∣sons, and not by his Peers.

And so was Fines Lord Dacres tryed in Ap∣peal of Murther. The Nobility of this Realm do enjoy this priviledge, That they are not to be impannelled on any Jury or Inquest to make tryal or inquiry upon their Corporal Oaths between party and party, for they may have a Writ for their Discharge to the She∣riff.

But it is a Rule in Law, Vigilantibus non dormientibus subveniant jura. For if the Sheriff have not received any such Writ, and the Sheriff have returned any such Lord on Juries, or in Assize, &c. and they thereupon do appear, they shall be sworn; if they do not appear, they shall lose their Issues 35 Hen. 6. and in such case they must purchase a Writ

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out of the Chancery reciting their priviledges, directed to the Justices before whom such No∣ble persons are so impannelled, commanding to dismiss him or them that were so impannel∣led out of the said Pannel, F.N.B. 165.

This priviledge hath, in two causes, not been allowed, or taken place: 1. If the enquiry concern the King and the Common∣wealth, in any necessary and important degree or business of the Realm. And therefore divers Barons of the Marshes of Wales were impan∣nelled before the Bishop of Ely, and other Com∣missioners of Oyer and Terminer, to enquire of a notable outrage committed by Gilbert de Clare Earl of Glocester, against Humphrey de Bohun, Earl of Hereford and Essex, and his Tenants in Wales, in the Twelfth year of Ed∣ward the First, where Iohn de Hastings, Ed∣mond de Mortimer, Theobald Beardmoe, and other Barons of the Marshes, challenged their priviledges aforesaid, and much insisted upon the same. But it was afterwards answered by the Court, as by the words in the Record ap∣peareth. The Barons aforesaid did persist in the Challenge, and in the end both the said Earls, between whom the said outrage had been perpetrated, submitted themselves to the King's Grace, and made their Fines. Secondly, This priviledge hath no place in case of necessity, where the truth of the case cannot otherwise come to light; for the words in the Writ in the Register are, Nisi sua praesentia ob ali∣quam causam specialiter exigatur, &c.

If any Nobleman do bring an Action of Debt upon Account, in case where the Plain∣tiff is to be examined (which is always intend∣ed to be upon Oath) upon the truth of his cause, by vertue of the Statute of the fifth of Henry the Fourth, chap. 8. it shall suffice to examine his Attorney, and not himself up∣on his Oath.

And this priviledge the Law hath given to the Nobility, That they are not Arrested up∣on any Warrant of a Justice of Peace for their good behaviour, or breach of Peace; nor by a Supplicavit out of Chancery, or from the King's Bench: For such an Opinion hath the Law conceived of the peaceable disposition of No∣blemen, that it hath been thought enough to take their promise upon their Honour in that behalf. And as in Civil Causes, the like Rule doth the Court of Equity observe in Cases of Conscience; for if the Defendant be a Peer of the Realm in the Star-Chamber, or Court of Chancery, a Subpaena shall not be awarded, but a Letter from the Lord Chancellor or Lord Keeper in lieu thereof. And if he do not ap∣pear, no Attachment shall go out against him: For in the Fourteenth year of Queen Eliza∣beth this Order and Rule was declared in the Parliament Chamber, That an Attachment is not awarded by Common Law, Custome, or President, against any Lord of Parliament. And if he do appear, and make his Bill of Complaint upon his Honour only, he is not compelled to be sworn. But by the Statute 5 Eliz. cap. 1. it is enacted, That all Knights and Burgesses of Parliament shall take the Oath of Supremacy, and so shall Citizens and Barons of the Cinque Ports, being returned of the Parliament, before they enter into the Parliament House; which Oath shall be ac∣cording to the tenor, effect, and form of the same, as is set forth in the Statutue of 1 Eliz. Provided always, that forasmuch as the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament, therefore this Act, nor any thing therein contained, shall not extend to compel any Temporal person of or above the Degree of a Baron of this Realm to take the said Oath, nor to incur any penal∣ty limited by the said Act for not taking the same.

If a Peer be sued in the Common Pleas in an Action of Debt or Trespass, and Process be a∣warded by Capias or Exigit against him, then he may sue out a Certiorari in the Chancery, directed to the Justices of the Common Pleas, testifying that he is a Peer of the Realm. For unless the Court be certified by the King's Writ out of the Chancery, that the Defendant is a Peer of Parliament, if a Capias or Exigit issue forth against him, it is no Error, neither is it punishable in the Sheriff, his Bailiffs or Officers, if they execute the said Process, and arrest the body of such a Noble person; for it appertaineth not to them to argue or dispute the Authority of the Court. But if the Court be thereof certified as aforesaid, they will a∣ward a Supersedeas, which is in the Books of Entries in the Title of Error, Sect. 20.

And there are two Reasons or Causes, where∣fore no Capias or Exigit lieth against any Peer; one because of the dignity of their per∣sons, and the other by intendment of Law. There is none of the Nobility but have suffi∣cient Freehold, which the Plaintiffs may ex∣tend for their payment or satisfaction. But a Capias or Exigit lieth against a Knight, for the Law hath not that Opinion of his Freehold. And if any of the Nobility happen to be so wilful, and not to appear, the Court will com∣pel the Sheriff to return great Issues against him, and so at every default to encrease the is∣sues, as lately against the Earl of Lincoln hath been in practice.

By the ancient Laws of this Realm, before the coming of William the Conqueror, many good Laws were made for keeping the Peace; and amongst others, That all above the age of twelve years should be sworn to the King; which we in remembrance thereof do keep at this day in the view of Frank Pledge, or the Court Leet. But Noblemen of all sorts, are neither bound to attend the Court Leet, nor to take the Oath, as appeareth by Britan. c. 29. treating of the Court called the Sheriffs Tourn,

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out of which the Leet to be extracted. And agreeable thereunto is the Statute of Marl∣bridge, cap. 10. See the Lord Chancellor's Speech in the case of Postnati, fol. 78. If a Writ of Error be brought in Parliament upon a Judgment given in the King's Bench, the Lords of the higher House alone, without the Commons, are to examine the Errors, ibid. fol. 22.

In the 11th of Henry the Fourth, fol. 26. in a Case concerning a Distress taken for Ex∣pences and Fees, the Knights of the Parliament are not contributary for such Lands as are par∣cel of their ancient Lordships and Baronies; but for other Lands they are. But there is a Que∣stion made, If one which is no Baron, but ig∣noble, do purchase any ancient Barony, whe∣ther he shall be discharged of such Expences and Fees, or not? Which is not worthy the que∣stioning: For as Land holden by Villainous Ser∣vice doth not make him a Villain or Bondman, which being free doth purchase the same, al∣though by his Tenure he shall be bound to do such Villainous Service: So on the other side, Land that is holden by Barony doth not make the Villain or Ignoble which purchaseth the same, to be Noble, although the charge of such Tenure do lye upon him in respect of the Ser∣vice of the Realm.

It is said in our Books, That a day of Grace, or by the favour of the Court, is not to be granted to the Plaintiff in any Suit or Action whereby a Nobleman is Defendant; because thereby a Nobleman should be longer delayed than the ordinary course of the Court is; and such a Lord is to have expedition of Justice, in respect that he is to attend the person of the King, and the Service of the Commonwealth: But if there be no Noble person to the Suit, the Judges do and may at their discretion, upon a motion, grant a day more of Grace o∣therwise than by the strict course of the Law the Plaintiff may challenge. Cambden, f. 169. writing upon this Subject, saith, Where a No∣bleman is Demandant, the Defendant may not be assoyned for the delay and cause afore∣said. To which I could also subscribe, but that the Book in the fifth of Hen. 4. 15. b. is otherwise adjudged: There the King brought a Quare Impedit against a common person, and the Defendant was essoyned by a Rule of Court.

If any Peer of the Realm be Plaintiff or Defendant in any Action, real or personal, a∣against any other, whereupon any Issue is to be tryed by a Jury, the Sheriff must return one Knight at the least to be of the Inquest; other∣wise upon challenge made the whole pannel shall be quashed. Which by order of the Law is appointed to be done for honour and reve∣rence due to the person of that degree: For when a Peer of the Realm is party, it is other∣wise than when the Suit is between private persons; F. N. B. Title Challenge 115. 13. Edward the Third in a Quare Impedit against a Bishop adjudged. But the Earl of Kent in the fourteenth year of the late Queen's Reign, and the parties did plead to an Issue, the Veni∣re Facias is awarded, which the Sheriff did return ••••rved, and a pannel returned accord∣ingly, in which is no Knight named. The truth of which Case was, that after the return made, the Demand is published, and demand∣ed by the Queen and the Heralds to be Earl of Kent in right and discent, although he had not been so reputed or named before; and also af∣ter that time (that is to say) at the then last Parliament, the Tenant is made a Baron by Writ of Parliament, and then the Jury doth appear in the Court of Common Pleas, and the Earl of Kent did challenge the Array, because no Knight was returned: but it was not al∣lowed him by the Court, for the admittance of both parties is to the contrary, and no de∣fault can be laid to the Sheriff, for he had no notice of the honourable Es••ate of either of the parties; the Demandant not being then known or reputed to be an Earl by descent, or of the Tenant then also being no Baron. How much the Common Law hath always prohibi∣ted perpetuity in Lands and Tenements, you may see in Corbet's Case, in the first part of Coke's Book, fol. 48. and in many other Cases in the rest of his Books. As also Littleton, fol. 145. saith it is a principle in the Law, that e∣very Land in Feesimple may be charged with a Rent. But if the King's Majesty, upon a Creation of any Peer of the Realm, of what degree soever, do as the manner is by Letters Patent give unto any such new created No∣bleman an Annuity or Rent for the support of his degree, which they call Creation-money; this is so annexed to the dignity, that by no Grant, Assurance, or any manner of Aliena∣tion it can be given from the Lord, but is still incident, and a support of the same Creati∣on.

In all Cases wherein is any Suit, a Baron or Peer of the Realm is to be amerced no less than five pounds; but the amercement of a Duke is One hundred pounds. Although the Statute of Magna Charta, chap. 14. be in the Negative, viz. Comites & Barones non amer∣cientur nisi per pares suos, & non nisi secun∣dum modum delicti; yet use hath reduced it into a certainty. As also by the same Statute it appeareth, that such Amercements should be assessed per pares suos: but that it were trou∣blesome to assemble Barons for so small a mat∣ter, such Amercements in times past have been assessed by the Barons of the Exchequer, who sometime were Barons of the Realm, as is al∣ready taken notice of; and so writeth Bracton lib. 3. tract. cap. 1. fol. 116.8.

Whereas by Statute 32 Hen. 8. cap. 16. it is enacted, That the Subjects of this Realm shall not keep in their Houses or Families above the number of four Strangers born; nevertheless,

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by a Proviso in the same Act, every Lord of the Parliament hath this priviledge allowed unto him to keep in his Family the number of six born Strangers.

By the Statute 14 Hen. 8. cap. 13. a privi∣ledge was granted to the Nobility according to their degrees concerning Apparel; but be∣cause by a Statute made in the first of the King that now is, chap. 15. all Laws and Statutes concerning Apparel are taken away.

Whereas by the Statute 2 Hen. 5. Parl. 2. cap. 1. it is ordained, That the Justices of the Peace in every County, named of the Quorum, shall be resident in the Shires wherein they are Justices, there is a Proviso whereby the Lords and Peers of the Realm, named in such Com∣missions, are excepted.

By the Statute 1 Edw. 6. cap. 12. amongst other things it is enacted, That in all and eve∣ry Case and Cases, where any of the King's Subjects shall and may upon his prayer have the priviledge of the Clergy, as a Clark Con∣vict, that may make purgation in all the Cases, and every of them, and also in all and every Cases of Felony wherein the priviledge or be∣nefit of Clergy is taken away by this Statute, wilful Murther, and poysoning only excepted, the Lords and Peers of the Realm having place and voice in Parliament, shall by vertue of this Act of Common Grace, upon his or their requests and prayer, alledging that he is a Lord or Peer of this Realm, claiming the benefit of this Act, though he cannot read, without burning in the Hand, loss of Inheri∣tance, or corruption of Blood, be adjudged, taken, and used for the first time only to all constructions, intents, and purposes as a Clark Convict, which may make purgations with∣out any other benefit of Clergy to any such Lord or Peer from thenceforth at any time af∣ter for any cause to be allowed, adjudged, or admitted, any Law, Custome, Statute, or other thing to the contrary notwithstanding. By this Statute a Lord of the Parliament shall have the benefit of his Clergy, where a common person shall not, viz. for breaking open an House by day or night, or for robbing any on the High-way, and in all other Cases excep∣ted, saving in wilful Murther and Poysoning, but in all other Cases, wherein Clergy is taken away by any Statute made since the said Sta∣tute of 1 Edw. 6. he is in the same degree that a common and inferiour person: but the Court will not give him the benefit of this Statute, if he doth not require it. If a Lord of the Par∣liament do confess his Offence upon his Ar∣raignment, or doth abjure, or is Outlawed for Felony, it seemeth that in these Cases he may have the benefit of this Statute, viz. his Cler∣gy; for that by the Statute 18 Eliz. cap. 18. he, nor any other, need to make his purgati∣on, but shall be forthwith delivered out of Pri∣son by the Justices.

By the Imperial Constitutions, Nobiles non torquentur, & Nobiles non suspendentur, sed decapitantur: and so it is almost grown into a Custome of England by the favour of the Prince; for it is rare to have a Nobleman exe∣cuted in other form. Yet Thomas Fines Lord Dacres of the South, in the 23th of Henry the Sixth, and the Lord Sturton in the fourth of Queen Mary, were hanged.

At the Common Law it was lawful for any man, Noble or Ignoble, to retain as many Chaplains as they pleased for their instruction in Religion. But by a Statute made 21 Hen. 8. cap. 13. a restraint was made, and a certain number only allowed the Nobility: And such Chaplains for their attendance have Immuni∣ties, as by the Statute at large may appear, viz. every Archbishop and Duke may have six Chaplains, whereof every one may have, and purchase Licence of Dispensation, and take, receive, and keep two Parsonages or Benefices with Cure of Souls; and that every Marquiss and Earl may have five Chaplains; every Viscount or other Bishop four Chaplains; and every Baron and Knight of the Garter may have three Chaplains, whereof every one of them may purchase License of Dispensation, and take, receive, and keep two Benefices with Cure of Souls.

And forasmuch as the retaining of Chap∣lains by Lords and Peers of the Realm is or∣dinary; and nevertheless some questions have been concerning the true understanding of the said Statute Law, I think it not unnecessary to set down some subsequent Resolutions of the Judges touching some matters.

If a Bishop be translated to an Archbishop∣rick, or a Baron be created an Earl, yet in this case they can have but only so many Chaplains as an Archbishop, or an Earl might have; for although he hath divers Dignities, yet he is still but one person to whom the attendance and service should be done: So if a Baron be made a Knight of the Garter, or Lord Warden of the Cinque Ports, he shall have in all but three Chaplains, & sic de similibus.

And if such an Officer allowed by the Sta∣tute to have one, two, or more Chaplains, do retain accordingly, and after he is removed from his Office, in this case he cannot be now Nonresident, nor accept a second Benefice of his Complement which was not full before his removing; and in that case it behoveth the Chaplain to procure a Non obstante, otherwise he may be punished for his Nonresidence.

So if any Earl or Baron do retain a Chaplain, and before his advancement his Lord is Attaint∣ed of Treason (as it was in the Case of the Earl of Westmoreland) after the said At∣tainder such a Chaplain cannot except a se∣cond Benefice; for though his Lord be still li∣ving according to Nature, yet after the Attain∣der he is a dead person by the Law, and there∣fore out of the case to have priviledge for him∣self, or for his Chaplains.

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If a Baron have three Chaplains, and every of them have two Benefices, and after the Ba∣ron dieth; they shall enjoy those Benefices with Cure, which were lawfully settled in them be∣fore: But in this case, although the said Chap∣lains be resident upon one of his Benefices, yet now he is become punishable for being resident upon the other; for Cessante causa, cessat ef∣fectus.

The same Law is, if the Baron be attainted of Treason or Felony; or if any Officer be removed from his Office, & sic de simili∣bus.

So if a Lord do one time retain more Chap∣lains than are allowed by the Law, the lawful number only shall have priviledge; and in this case which of them be first promoted shall have priviledge, and the rest are excluded; for aequali jure melior est conditio possidentis. If a Nobleman doth retain Chaplains above his number at several times, if any of his Chap∣lains die, the next that was retained shall not succeed, for his first retainer was void; and therefore in this case, it behoveth him to have a new retaining after the death of the prede∣cessor, and before his advancement; for quod ab initio non valet, in tractu temporis non con∣valescit.

If a Noble person retain such a number of Chaplains as is by the law allowed him, but afterwards the Lord, upon such dislike or o∣ther cause, do discharge any of them from their attendance or service, the Lord in this case can∣not retain other (thereby to give them pri∣viledge) during the life of them so retained and discharged. And the reason thereof is, because the first Chaplains were lawfully re∣tained, and by virtue thereof, during their lives, might purchase Dispensations to have advantage according to the Statute: and there∣fore if the discharge of their service and at∣tendance might give liberty to the Lord to re∣tain others, by such means he might advance Chaplains without number, by which the Sta∣tute might be defrauded. And the said Sta∣tute must be strictly construed, Non-residents, & Pluralities, as a thing prejudicial to the service of God, and the ordinary instruction of the people of God.

By the Statute 3 Hen. 7. cap. 4. it is enact∣ect as followeth; Forasmuch as by quarrels made to such as have been in great Authority, Office, and of Council with the King's of this Realm, hath ensued the destruction of the Kings, and therefore the undoing of this Realm, so as it hath evidently appeared, when the compassing of the death of such as were of the King's true Subjects was had, the destruction of the Prince was imagined thereby, and for the most part it hath grown and been occasion∣ed by malice of the King's own Houshold Ser∣vants; and for that by the Laws of this Land, if actual deeds were not, there was no remedy for such false compassing, imaginations, and confederacies had against any Lord, or any of the King's Council, or great Officers in his Houshold; and so great inconveniences did en∣sue, because such ungodly demeanours were not strictly punished before that any actual deed was done; for remedy whereof, it was by the said Statute ordained, That the Stew∣ard, Treasurer, or Comptroller of the King's Houshold for the time being, or one of them, shall have full authority to enquire by twelve discreet persons of the Check Roll of the King's honourable Houshold, if any person admitted and sworn the King's Servant, and his name put in the Check Roll, in any quality or de∣gree whatsoever under the state of a Lord, do make any Confederacies or Conspiracies with any person or persons, to destroy or murther the King, or any Lord of this Realm, or any other person sworn to the King's Council, Steward, Treasurer, or Comptroller of the King's Houshold, that if it be found before the said Steward for the time being, by the said twelve men, that any such of the King's Ser∣vants as aforesaid hath confederated or conspi∣red as abovesaid, that he so found by the en∣quiry be put thereupon to answer, and the Steward, Treasurer, or Comptroller, or two of them have power to determine the said matter according to Law: And if he put in trial, that then he be tried by Oath of twelve discreet men of the same Houshold, and that such Misdoers have no challenge but for ma∣liace: And if such Misdoers be found Guilty by confession or otherwise, that the said Offence is adjudged Felony, and they to have Judg∣ment and Execution, as Felons attainted ought to have by the Common Law.

By the Statute made in the second of King Henry the First, cap. 8. Authority is given to the Sheriffs, and other the King's Justices, for the better suppressing of Riots, to raise posse Comitatus; and the same liberty doth in Com∣mon Law guide in many other cases: Never∣theless the Sheriff may not by such Authority command the person of any Nobleman to at∣tend the Service. But if the Sheriff upon a Sup∣plicavit against a Nobleman in that case do re∣turn, that he is so puissant that he cannot, nor dare not arrest him, the Sheriff shall be grie∣vously amerced for such his return: For by the Writ under the Great Seal of England, the King's Command is to all Archbishops, Bishops, Earls, Counts, and Barons, and to all Leige∣men of the County, to be aiding unto him in that which to his Office appertaineth; and therefore no person whatsoever can respit the execution of the said Writ of the King's: Also the Sheriff at his discretion may levy three hundred men, if need be, to aid him in that behalf.

The words of the great Charter of the Fo∣rest, in the eleventh Chapter, are as follow∣eth; To every Archbishop, Bishop, Earl, or Baron coming to us, and passing by our Forest,

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it shall be lawful for him to take one Beast or two by the view of the Forest if he be pre∣sent; or else he shall cause one to blow a Horn for him, that he seem not to steal our Deer. Although the Statute doth speak but of Bi∣shops, Earls, and Barons, yet if a Duke, Mar∣quiss, or Viscount (which are Lords of the Parliament) be coming towards the King by his command, they also shall have the benefit of this Article.

So if the King send to any of the Lords a∣foresaid to come to his Parliament; or send for him by Writ of Subpoena to appear in the Chancery; or by Privy Seal to appear before his Council; or send for him by Letters Missive, or by Messenger, or Serjeant at Arms; in all these cases he shall have the benefit of this Statute, because that they come at the King's command. The same Law is, if a Scire Fa∣cias go out of the Chancery or Kings Bench to a Lord of Parliament: But if such Process go forth against a Lord to appear before the Ju∣stices of the Common Pleas, or the Barons of the Exchequer, and he cometh upon the same, he shall not have the benefit of the Statute; for he doth not come unto the King; and the words of the Statute are, Veniens ad nos; And all the Process which are made out of the Chancery and King's Bench, are, Quod sit co∣ram nobis; and so are the Process out of the Star-Chamber.

Also Lords which come to visit the new King after the death of his Father (though not sent for) shall have the same priviledge. And so that this Statute is a Warrant dormant to such Lords; which also is to be understood as well of their returning homeward, as of their coming to the King. And note, that this Statute doth extend to give Licence to kill or hunt in the King's Parks, though the Letter of the Statute be Transiens per Forestam no∣stram.

The Oath of Supremacy is not imposed on the Peers of the Realm.

A Peer shall for his first Offence of Felony, though he cannot read, have the benefit of his Clergy, and without burning.

If any person shall divulge false and scanda∣lous Reports of any Lord of Parliament, the Offender is to be imprisoned until he bring forth the Author.

In personal Actions the Plaintiff may pray a day of Grace; but against a Lord of Par∣liament it shall not be allowed him.

It is Actionable for any to deface the Coat Armour, &c. of any Nobleman or Gentle∣man, that is placed in a Church or Window.

Certain Cases wherein a Lord of the Parliament hath no priviledge.

THE Statute of Westminster 2. cap. 39•• saith, If the Sheriff return that he can∣not execute the Kings precept propter resisten∣tiam alicujus magnatis; if it be true, he shall punish the resisters by Imprisonment, from whence they shall not be delivered without the Kings special commandment.

In 11 Hen. 4. 15. in homine replegiando, a∣gainst Dame Spencer a Peer of the Realm, (viz. a Baroness born) a Capias was granted, because it was an high injury to the person whom she eloigned, and in some other cases of great contempt a Capias may be awarded against a Peer.

An Abbot, which was a Lord of the Par∣liament, was impleaded, and he did pray pri∣viledge to appear by an Attorney: and by the Rule of the Court he could not, because the Statute is general, and against it; but by a special Writ out of Chancery he might; and so in case where he doth pray to be re∣ceived. For if a Lord of the Parliament, holding Lands of another in Feesimple, doth forbear and withhold to do, and pay his Ser∣vice to his Landlord, and that by the space of two years; whereupon he bringeth a Writ of Cessment (which is his Remedy given by Law) thereby to recover the Inheritance of the Land: But the said Lord, for the saving of Tenancy, being minded to pay all the Ar∣rearages before Judgment given against him (as by the Law he ought to do) in this case he must come in proper person, and not by an Attorney.

If a Nobleman be indicted, and cannot be found, Process of Outlary shall be awarded a∣gainst him per legem terrae, and he shall be outlawed per judicium Coronatorum, but he shall be tried per judicium parium suorum when he appeals and pleads to issue.

If any Lord did depart this Realm as Am∣bassador and otherwise, by the Kings Licence, or without Licence, and do not return at the King's command, or upon the Kings Writ, up∣on his privy Signet, the King may seize his Goods and Chattels.

If a Lord, arrested upon a Supplicavit for the peace, do refuse to obey the Arrest, and make Rescous, and the Sheriff do return the Rescous; upon such return shall issue an Attachment against the said Lord for his contempt, to take his Body; and this is a way to obtain the peace against any Lord of the

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Parliament; whereas the party could not have an Attachment against him, if the Subpoena had been duly served, and peaceably accepted of, although the said Lord had not appeared thereupon.

All Lords are compellable to take the Oath mentioned in the Statute of the 7th of King Iames, chap. 4. And see the Statute of the 7th of King Iames, chap. 6. who have Au∣thority to minister the said Oath unto them.

If a Baron that holdeth by Baron Tenure, have his absence excused by Essoyn, he which casteth his Essoyn or Excuse, ought to find Surety that the said Essoyn is true. But in case of common persons, it shall rest upon the Credit and Integrity of the Essoyner; wherein a Lord hath lesser priviledge than a common per∣son.

And whereas the Amercements should be offered per pares, the use is to refer them to the Barons of the Exchequer.

When a Peer of the Realm is Arraigned in any Appeal of Felony, he shall not have that priviledge to be tried by his Peers (as in case of Indictment) but must undergo the ordina∣ry Trial of Twelve men.

Also in case of Indictment, the Defendant (though a Peer) may not challenge any of his Triers: And the Judgment to be given against any Lord of Parliament in cases of Felony or Treason shall be no other, than according to the usual Judgment given against common per∣sons. And their Execution (through the spe∣cial Grace and Favour of the King) is behead∣ing.

By Attainder of Felony or Treason is cor∣ruption of Blood, so that their Children may not be Heirs unto them, nor to any other An∣cestor. And if he were a Nobleman before, he is by the Attainder made Ignoble, not only himself, but all his Children; having regard unto the Nobility which they had by their Birth. And this corruption is so strong and high, that it cannot be salved by the King's pardon, or otherwise than by Authority of Parliament.

But here is to be observed, That Nobility is not a thing substantial, but mere accidental; for it may be present or absent, without cor∣ruption of the Subject whereof it doth depend; for experience sheweth, That the passing of ho∣nourable Titles are restrained by exorbitant Crimes, when as Nature in the mean while cannot be thrust away. Wherefore, though the Lawyers do call Extinguishment of Nobi∣lity, which happeneth by such hainous Offences committed by corruption of Blood: neverthe∣less they use not this manner of phrase, as though Nobility were naturally and essential∣ly in the Honour of Blood, more than any o∣ther hereditary Faculty; but because the right of Inheritance (which is by degrees of com∣munication of Blood directed) is by that means determined; and also in regard of the hatred and detestation of the Crime, it is cal∣led corruption of Blood.

And here a Question may arise, Whether by Attainder of the Father the Blood be so cor∣rupted, that the Son shall also be barred his Mother's Inheritance, who hath not transgres∣sed, or no?

They that maintain the Affirmative, say, That forasmuch as none can be procreated or ingendred according to the course of Nature, but of a Father and Mother, and must have in him two Bloods, viz. the Fathers and Mo∣thers; therefore the Law also faith, Those Bloods commixt in the person of a man in law∣ful Marriage, do constitute and make him an Heir; and that none can be Heir unto any, un∣less he hath both Bloods in him to whom he doth convey himself to be Heir. And there∣fore the Heir of the half Blood shall not inhe∣rit, because he doth want one of the Bloods which should make him inheritable. And up∣on this reason Britan. chap. 5. saith, If a man be attainted of Felony by Iudgment, the Heirs ingendred after the Attainder are precluded from all manner of succession in the Heritage, as well of the part of the Mother as of the Fa∣ther; for ex leproso parente, leprosus genera∣tur filius. And when the Father is attainted of Treason or Felony, the Blood, in respect whereof he is Inheritable, being corrupted, the same hath but half his Blood, that is, the Blood of his Mother in him without corruption. And with this doth agree Bracton, lib. 3. cap. 13. Non valebit felonis generatio, nec ad haeredi∣tatem paternam, nec maternam; si autem an∣te feloniam generationem fecerit, talis gene∣ratio succedit in haereditatem patris vel ma∣tris, à quo non fuerit felonia perpetrata. Because at the time of his Birth he had two lawful Bloods commixt in him, which could not be corrupted by the Attainder subsequent, but only as unto that party who did offend.

But on the Negative part it is said, That the Law is not so penal against the innocent Child, as to prejudice him touching his Mothers Inhe∣ritance, who also did not offend; or contrari∣wise, especially in case where the Mother was seized of an Estate in Feesimple, either in Lands or Tenements, or Title of Honour. And this was the case (if I be not mistaken) of Philip late Earl of Arundel, notwithstand∣ing the Attainder of Thomas Duke of Norfolk his Father; for he had that Earldom in right of his Mother.

But they do agree, That if the Lands or Te∣nements, or a Title of Honour, be given to a man, and to his wife in tayl who hath Issue: The Father is attainted of Treason, and exe∣cuted, though this forfeiture of the Husband shall be no barr to the Wife concerning her in∣terest by Survivorship; yet their Issue is bar∣red by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted: For in that case the Heir must necessarily make himself Heir, as well of the

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Body of the one as of the other. And yet the words of the Statute 32 Hen. 8. cap. 28. are, That no Fine, Feof••ment, or other Act or Acts hereafter to be made, or suffered by the Husband only of any Mannors, Lands, Te∣nements, or Hereditaments, being the Inhe∣ritance or Freehold of his Wife, during the Co∣verture between them, shall in any wise be, or make any discontinuance, or be prejudici∣al to the said Wife, or to her Heirs, or to such as shall have right, title, or interest to the same by the death of such Wife or Wives; but the same Wife or her Heirs, and such o∣ther to whom such right shall appertain after her decease, shall or may then lawfully en∣ter into all such Mannors, Lands, Tenements, and Hereditaments according to their Rights and Titles therein. For there is Adversity ta∣ken and agreed for Law between a disconti∣nuance which doth imply a wrong, and a lawful Baron which doth imply a right: And therefore if Land be given to the Husband, and the Wife, and to the Heirs of their Bo∣dies begotten, and the Husband levies a Fine with Proclamation, or do commit High Treason, and dieth, and the Wife before or after Entry dieth, the Issue is barred, and the Comisee for the King hath right unto the Lands, because the Issue cannot claim as Heir unto both. And with this doth agree Dyer 351. b. adjudged. vide 5 Hen. 7. 32. Cott's Assize, Coke's eighth part, 27. where it is resolved, That the Statute 32 Hen. 8. doth extend only unto Discontinuances, although the Act hath general words, or be prejudicial to the Wife or her Heirs, &c. but the conclusion; if she shall lawfully enter, &c. according to their right and title therein, which they cannot do when they be barred, and have no right, title, and interest. And this Statute doth give advantage unto the Wife, &c. so long as she hath right; but it doth not extend to take away a future barr. Although the Statute doth give Entry without limitation of any time; nevertheless the Entry must attend upon the right: and therefore if the Wife be seized in Feesimple, and her Husband levy a Fine with Proclamation unto another, and dieth, now the Wife may enter by force of the Statute; for as yet that Fine is not any barr unto her, but her right doth remain, which she may continue by Entry; but if she do sur∣cease her time, and the five years do pass without Entry, &c. now by force of the Fine with Proclamation, and five years past after the death of her Husband, she is barred of her right, and by consequence she cannot en∣ter. And the Statute doth speak of Fine on∣ly, and not of Fine with Proclamation. If there be Father and Son, and the Father be seized of Lands holden in Capite, or other∣wise by Knight's Service, the King doth cre∣ate the Son Duke, Earl, or other Degree of Nobility, and afterwards the Father dieth, his Son being within the Age of One and twenty years, he shall be no Ward; but if the King had made him Knight in the life of his Father, he should not have been in Ward after the death of his Father, neither for the Lands descended, nor for his Marriage, though he be within Age.

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NOBILITY AND LORDS IN REPUTATION ONLY. CHAP. XIV.

THERE are also other Lords in Reputation and Appellation, who nevertheless are not de jure; neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament.

The Son and Heir of a Duke, during his Father's life, is only in courtesie of Speech and Honour called an Earl; and the eldest Son of a Marquiss or an Earl, a Lord: but not so in legal proceedings, or in the King's Courts of Judicature. But the King may at his plea∣sure create them in the life of their Ance∣stors into any Degree of Lords of the Par∣liament. And according to the German Custom, all the younger Sons of Dukes and Marquisses are called Lords, but by courtesie only, which Title descends not to their Heirs.

A Duke, or other of the Nobility of a Foreign Nation, doth come into this Land by the King's safe Conduct, in which said Letters of safe Conduct he is named a Duke according to his Creation, yet that Appel∣lation maketh him not a Duke, &c. to sue, or be sued by that name within this Realm, but is only so by Reputation.

But if the King of Denmark, or other Sovereign King come into England under safe Conduct, he, during his abode here, ought to be styled by the name of King, and to retain his Honour, although not his Regal Command and Power. And in this case may be observed by the way, That no Sovereign King may enter into this Realm without licence, though he be in League.

All the younger Sons of the Kings of England are of the Nobility of England, and Earls by their Birth without any other Creation.

And if an Englishman be created Earl of the Empire, or some other Title of Ho∣nour by the Emperor or other Monarch, he shall not bear that Dignity in England, but is only an Earl in Reputation.

A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice, although he is com∣monly reputed a Lord, and hath priviledge as a Peer.

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OF THE QUEEN CONSORT, AND OF NOBLE WOMEN. CHAP. XV.

A QUEEN, so called from the S••xon word Cuningine, as the King from Cuning (by variation of Gender only, as was their manner) signifieth Power and Knowledge, and thereby denotes the Sove∣reignty due unto them which they enjoyed in those days, and do now in most Nations, be∣ing capable of the Royal Diadem, by the com∣mon right of Inheritance, for want of Heirs Male. But in France, by the Salique Law, the Sex is excluded from their Inheritance, by which they debarred the English Title to their Crown.

There are three kinds of persons capable of the Title and Dignity of Queen amongst us, and each of them different in Power and Pri∣viledge. The first is a Queen Sovereign, to whom the Crown descends by Birth-right, and is equal in power to a King, as before noted. She is her Husband's Sovereign, and he her Subject in England, although he were an Em∣peror: So was King Philip of Spain to Queen Mary; and her Authority is included in the foregoing Chapter of Monarchy, and there∣fore need not to be here repeated. The se∣cond in Honour is the Queen Consort; and the third the Queen Dowager or Queen Mo∣ther.

As from the benign influence of the glori∣ous Planet the Sun, all Creatures (by God's decree in the order of Nature) receive life and motion; so from the King (God's Vicegerent on earth) all degrees of Nobility take their advance and dignity: 'Tis therefore requisite the King should as far excel his Subjects in Ma∣jesty and Splendor, as doth the Sun the other Planets. And as the Moon is the mirror of the Sun, representing his Glory by Night; so the Queen Consort, the Counterpart of the Royal Majesty, shines amongst us, for whom, and for whose Posterity the Nation is bound to send up their Prayers to God.

The Queen of England, during the life of the King, hath as high prerogatives and pri∣viledges, and liveth in as great state as any Queen in Europe. She is reputed the second person in the Kingdom; and the Law setteth so high a value upon her, as to make it High Treason to conspire her death, or to violate her Chastity.

She is allowed Regal Robes, Ornaments

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and a Crown of the same form, as an absolute Queen weareth, and may be (as formerly they were) crowned with Royal Solemnity; the performance of which Office properly belong∣eth to the Archbishop of York. And although their Coronations of late have been disused, yet they have as much honour, and enjoy the same priviledges, as if that Ceremony had been done. And the manner and solemnity at the Coronation of a Queen is at large set down in most of our Chronicles, and in particular in Holinshead and Stow, upon the splendid Coro∣nation of Anna Bulloign in the Reign of King Henry the Eighth, to which I refer the Read∣er.

The Queen is permitted to sit in state by the King, and to keep a distinct Court from the King's, although she be the Daughter of a No∣bless; and hath her Courtiers in every Office, as hath the King (though not altogether so many;) and hath her Yeomen of her Guard to attend her on foot, and within doors, and her Lifeguard of Horse for her state and securi∣ty when she goeth abroad: She hath her At∣torney, Solicitor, and Counsel for the manage∣ment of her Law concerns, who have great respect shewed them, being placed within the Barr with the King's Counsel in all Courts of Judicature.

Although she be an Alien, and a Feme co∣vert during the King's Life, yet without any Act of Parliament for Naturalization, or Let∣ters Patents for her Denization, she may pur∣chase Lands in Feesimple; make Leases in her own Name without the King; hath power to give, to sue, and to contract Debts, which by the Law is denied any other Feme Covert; she may not be impleaded till first petitioned; nor is the formality of fifteen days Summons to the Defendant needful, if she be Plaintiff; nor can she be amerced, if she be Nonsuited in any Action; she may present by her self to a Spi∣ritual Benefice.

Anciently the Queens had a Revenue called Aurum Reginae, that is the Queen's Gold, which was the tenth part of what came to the King by the name of Oblata upon Pardons, Gifts, &c. but of late they keep to their Dowry, viz. Forty thousand pounds per Annum, besides fines upon the renewing of Leases; which said Dowry is as large as any Queens in Christen∣dome.

The like honour and respect that is due to the King is exhibited to the Queen, as well by Foreigners as by the King's Subjects; as is also to the Queen Dowager, who looseth not her Dignity or Reverence, although she should marry a private Gentleman, as did Queen Ka∣th••rine, Widow to King Henry the Fifth, who after she was married to Owen Teudor Esquire, maintained her Action at Law as Queen of England.

The present Queen Consort is the thrice Illustrious Donna Katherina Infanta Portu∣guesa, whose vertue and true piety ought to be taken notice of in all Histories, ••or succeed∣ing Queens to trace her Noble footsteps, whom God preserve.

The Queen Dowager takes place next to the Queen Consort, and in the absence of the King her Son, or in his minority, is sometimes made Queen Regent, or Protectress; but this trust is usually by the King's own command, or at the request of the three States assembled in Parliament, to prevent the danger of an usur∣pation of the Crown: the like trust is some∣times imposed upon the Queen Consort in her Husband's absence, as by King Henry the Eighth twice during his Wars in France.

Note, That during the minority of the King of England, whatsoever Laws are enacted in Parliament under a Queen Regent, or a Pro∣tectress, are no longer binding than till the King attains to full age, after which he may revoke and make void by his Letters Patents under the Great Seal.

The Daughters of the Kings of England are all styled Prince••••es. The eldest is called the Princess Royal, and hath an aid or certain rate of money paid by every Tenant in Capite, Knights Service, and Soccage, towards her marriage Portion, as was levied by K. Iames when he married the Princess Elizabeth; and to violate her Cha••••ity is by the Law adjudged High Treason.

Of Noble VVomen.

WOmen in England, according to their Husbands Qualities, are either Honou∣rable and Noble, or Ignoble. Their Honou∣rable Dignities are Princesses, Dutchesses, Marchionesses, Countesses, Viscountesses, and Baronesses.

The Nobless (as the French call them) are all Knights Ladies, who in all writings are styled Dames; all Esquires and Gentlemens wives only Gentlewomen.

The third sort comprehends the Plebeans, and are commonly called Goodwives.

Noble women are so by Creation, Descent, or Marriage.

Of women honourable by Creation are di∣vers Examples, of which the first (as I remem∣ber) that we read of, was Margaret Countess of Norfolk, created by Richard the Second Dutchess of Norfolk. And many of them had their Honours granted by Patents to them∣selves, and the Heirs Males of their Bodies to be begotten, with special Clauses that their Heirs Male shall have voices in Parliament, Creation money, their Mothers Titles; as if a Dutchess, he a Duke; and if a Countess, he an Earl, with the Ceremony of Mantle, Surcoat, Coronet, &c. The like Grant was to Anna Bulloign when she was created Marchioness of

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Pembroke by Henry the Eighth. Of a later date was the Lady Finch made Countess of Winchelsey, who had all the said priviledges granted to her, and her Heirs Male. The Dutchess of Buckingham also, in the time of King Iames. And in our Age we have divers Noble Ladies advanced to degrees of Honour, viz. the Countess of Guilford, Groom of the Stool to the Queen Mother, and a faithful Servant to her in her banishment, being 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 trou∣ble the Reader with any repetition; I shall on∣ly set down some few general Observations not sufficiently discoursed of.

If a King's Daughter marry a Duke or an Earl, illa ••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 Daugh∣ter of an Earl or Viscount that continues a Virgin, or marrieth an Esquire, yet she retain∣eth 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 wi∣dow, 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 Ig∣noble, and hath no Coat-Armour, his Condi∣tion in point of Honour is in no respect ad∣vanced, and she shall retain the Honour, State, and Dignity she was born unto. Yet if she have i••••ue by that Yeoman or Ignoble person, she being an Heiress, that Issue shall have li∣berty 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 Ali∣en, be married to a Peer of the Realm, or to a Gentleman, and be not denizened, she is de∣barred all Priviledges and Titles due to her Husband; nor can she claim any Dower or Joynture from him by the Laws of Eng∣land.

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 Mar∣riage 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 ha∣ving enjoyed her, yet if he live in the King∣dom 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 Hus∣band 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 en∣courage 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 Joyn∣ture, during her life if a Widow; so the Hus∣band, 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; ••he cannot be produced as a witness for or against her Hus∣band; nor shall she be accessory to his felonious acts, although she receive the Goods, or con∣ceive 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 Ward∣ship 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 Daugh∣ters, who are Coheirs.

In ancient times Women amongst the Ro∣mans were thought worthy of enjoying pecu∣liar favours and respect. And out of their great love and honour to the Mother of Mar∣cus Coriolanus, for diverting his fury which he threatned the Citizens to their ruin, for their ingratitude towards him, the Citizens grant∣ed the Roman Dames the priviledge of wear∣ing 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 pre∣servation, there was erected a Temple dedi∣cated to the Female Fortune.

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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 wo∣men to bear their Arms in form of a Lozenge, which are commonly adorned with such a Cor∣don.

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 Bar∣cellona (who by right of his wife Petronilla, sole Daughter and Heir to King Ramiro the Monk, joyned his Principality to the King∣dom of Aragon) having in the year 1149. ta∣ken 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 surren∣dring it up to the Moors; but the women hear∣ing thereof, for the diverting their ruin, put on mens Apparel, and by a resolute Sally for∣ced 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 Mili∣tary Order) into which were admitted only those brave women, and their Descendants. The Badge which he assigned them was some∣thing 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 pub∣lick 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 Honour, deported themselves after the manner of Military Knights of those days.

To look further back, ancient Histories do take notice of the Amazons of old, whose Fame in Arms is sufficiently known.

Although Noble women may not sit in Parliament, in respect of their Sex; yet they are in Law Peers of the Realm; and all or most of the prerogatives before mentioned, which to the Noblemen are belonging, do appertain unto them.

But the Opinion of some men have been, That a Countess, Baronness, and other women of great Estate, cannot maintain an Action upon the Statute de Scandalis magnatum, be∣cause the Statute 2 Rich. 2. speaketh but of Prelates, Dukes, Earls, Barons, and of the Chancellor, Treasurer, Privy Seal, Steward of the King's Houshold, and other Nobles, great Officers of the Realm; by which words they conceive that the meanings of the Ma∣kers of that Statute was only to provide in that case for Noblemen, and not for Noble women.

Also if any of the King's Servants within the Check-Roll do conspire the death of any Noble woman, it is not Felony within the com∣pass of the Statute 3 Hen. 7. 18.

Honourable women, as before noted, are of three sorts, by Creation, by Descent, and by Marriage. And the King may create any woman into any Title of Honour at his plea∣sure: and the King by his Letters Patents o∣penly read in Parliament, without any other Investure, did create Mary Fane Widow, the sole Daughter of Baron of Aburgaveny, Baronness de le Spencer.

Noble women by Descent are, either those to whom the Lands holden by such Dignity do descend as Heir, and they are said to be Ho∣nourable, by Tenure; or by whose worthy An∣cestors, to whom they were Heirs, was seized of an Estate descendable to them in their Ti∣tles of Dukedoms, Earldoms, or Baronies; or those whose Ancestors were summoned to Parliament, for hereby also Inheritance doth accrew to their Posterities.

Noble women are also those, who do take to their Husbands any Lord or Peer of the Realm, although they themselves were not of any degree of Nobility.

Question and doubt hath been made, Whe∣ther if a man be summoned to Parliament, and afterwards die without Issue Male, the Digni∣ty and Title of Honour may descend to the Heir Female. And many Arguments have been pro & contra in that case, which at this time I purposely omit, because I have before discoursed thereof in the Chapter of Ba∣rons.

Concerning the Title of Honour descenda∣ble to the Heir Female by reason of a Tenure of her Ancestors, there needs no more doubt to be made than of Offices of Honour, the which do much support the publick wealth, and being of Estate of Inheritance, do descend to the Heir Female, if there be no nearer Heir Male: As the Office of High Constableship of England challenged in the time of Henry the Eighth by the Duke of Buckingham, and ad∣judged by the Advise and Resolution of the Judges, as by a note of that Case extant, whereof Dyer in his Reports hath a memorial 205. b. Kelway, the Sixth of Henry the Eighth 170. b. which descended to the Daughter of Humphrey de Bohune, Earl of Hereford and Essex, as before is declared. The Office of the Lord Steward descended to Blaunch, Daughter of Henry Earl of Lancaster, in whose right Iohn of Gaunt her Husband en∣joyed the same. The like may be said of the Office of Earl-Marshal, which descended by an Heir Female unto the House of Norfolk: All which Offices are as unfit to be exercised

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by a Woman, as for a Woman of Honour to be summoned to the Parliament. And when a Title of Honour doth descend to a Woman, if question in Law do arise be∣tween the said Noble woman and any o∣ther person, whether she be of that De∣gree of Nobleness or no, the Issue shall be tried by the Record thereof, and by the King's Writ it shall be certified, and not by a Jury of twelve Men, even as it should have been in case her Ancestor had been party.

Although the Laws of the Realm regu∣larly do make all the Daughters (where there are no Sons) equally to inherit Lands and Tenements, and to be but one Heir to their Ancestor; yet it is not so in the de∣scent of Dignity and Titles of Honour: for Inheritances concerning matter of Honour, be∣ing things in their nature participating of Superiority and Eminency, are not partable amongst many, and therefore must of neces∣sity descend unto one, and that is to the eldest Daughter, Sister, Aunt, or Cosin Fe∣male, and inheritable where there is no Heirs Males that may lawfully challenge the same. And so in this point is the Civil Law.

Nevertheless, there was a Judgment in the time of Henry the Third, touching the descent of the Earldom of Chester, after the death of the Earl, who died without Issue, his Sisters being his Heirs; which Judgment was, That the said Earldom should be di∣vided amongst the said Copartners as the o∣ther Lands; and that the eldest should not have it alone. But this Judgment was hol∣den Erroneous, even in those times where∣in it was given: For Bracton, a Learned Judge, who lived in that Age, writeth there∣of, treating of partition between Copart∣ners, lib. 2. Case 24. by which it is evident, That Baronies and Dignities of Honour do by the Laws of this Realm descend unto the eldest Copartner; and the Judgment gi∣ven once to the contrary thereof, Bracton doth rightly account to be unjust: His Rea∣son is notable; Forasmuch as the Honour of the Chivalry of this Realm doth chiefly con∣sist in the Nobility, Reason would not that such Dignity should be divided amongst Copartners, whereby through multitude of partitions the reputation of Honour in such Succession, and so divided, might be im∣paired, or the strenght of the Realm, being drawn into many hands, with decrease of livelyhood by such partition, should be in∣feebled. In which Resolution Britton, the Learned Bishop of Hereford (who compiled his Book of the Laws of this Realm, by the Commandment, and in the Name of Ed∣ward the First) accordeth, Britton 187. And therefore, howsoever the Judgment was given, or whensoever, it is neverthe∣less very evident that it was soon redressed: For if it were given upon the death of Ralph, the last of that Name Earl of Che∣ster, who died about the Seventh of Henry the Third without Issue, the Writers of that time do testifie, that the Earldom of Chester came wholly unto Iohn Scott, the Son of David Earl of Huntington, and Au∣guish and Maud, the eldest Sisters of the said Ralph, if it were given upon the death of the said Iohn Scott, who died about the Four and twentieth of Henry the Third without Issue; yet notwithstanding the said Judg∣ment stood in force, for that the said King assumed the Earldom into his own Hands upon other satisfaction made to the said Sisters, Copartners of the said Iohn Scott•• Ne tanta haereditas inter colos deduceretur Matth. Paris Monaster. Sancti Allane in Crompton, fol. 366. b.

Nevertheless you may read in this Trea∣tise of Heraldry, written by Iohn Guillim about fol. 18. That Sisters are allowed no differences of Badges in their Coat-Armour, by reason that by them the name of the House cannot be preserved, but are ad∣mitted to the Inheritance equally, and are adjudged but one Heir to all intents and purposes whatsoever. And the knowledge of this point in these days is worthy to be enquired into; for this is to be observed out of Presidents, and to be acknowledged of every dutiful Subject, that the King can advance to Honour whom he pleaseth: And therefore whereas Radulph Cromwell, be∣ing a Baron by Writ, died without Issue, having two Sisters and Coheirs; Elizabeth the eldest married unto Sir Thomas Nevill Knight, and Ioan the younger married to Sir Humphrey Bowcher, who was called to Parliament as Lord Cromwell, and not the said Sir Thomas Nevill who married the eldest Sister. And Hugh Lupus, the first and greatest Earl of Chester, Habendum si∣bi & haeredibus adeo libere per gladium sicut iple Rex tenuit Angliam per tenorem. Hugh died without Issue, and the Inheri∣tance of his Earldom was divided amongst his four Sisters, and the eldest had not the Seigniory entire unto herself.

If a Woman be Noble by Birth or Des∣cent, with whomsoever she doth marry, although her Husband be under her De∣gree, yet she doth remain Noble; for Birth-right est Character indelebilis.

Other Women are enobled by Marriage; and the Text saith thus, viz. Women en∣nobled with the Honour of their Husbands, and with the Kindred of their Husbands, we worship them in the Court, we decree matters to pass in the Names of their Hus∣bands, and into the House and Surname of their Husbands do we translate them: But if afterwards a Woman do marry with a Man of a baser Degree, then she loseth her former Dignity, and followeth the conditi∣on

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of her latter Husband. And concerning the second disparaged Marriage as aforesaid, many other Books of the Law do agree; for these be Rules conceived in those Ca∣ses: Si mulier nobilis nupserit ignobili de∣sinit esse nobilis, & eodem modo quo quid constituitur dissolvitur. It was the Case of Ralph Howard Esq who took to Wife Anne, the widow of the Lord Powes: they brought an Action against the Duke of Suf∣folk, by the Name of Ralph Howard Esq and the Lady Anne Powes his Wife, and exception was taken for mis-naming of her; because she ought to have been named of her Husband's Name, and not otherwise: and the Exception was by the Court al∣lowed; For, said they, by the Law of God she is Sub potestate viri; and by our Law her Name of Dignity shall be changed ac∣cording to the Degrees of her Husband, notwithstanding the Courtesie of the Ladies of Honour and Court: Dyer 79. And the like is also in Queen Maries Reign, when the Dutchess of Suffolk took to her Hus∣band Adrian Brook, Title Brief, 54. 6. And many other Presidents have been of later times. And herewith agreeth the Ci∣vil Law, Digest. lib. 1. title q. lege 1. In this Case of acquired Nobility by mar∣riage, if question in Law be, whereupon an Issue is taken between the Parties, that is to say, Dutchesses are not Dutchesses, Countesses are not Countesses, and Baron∣esses are not Baronesses; the Trial whereof shall not be by Record (as in the former Case) but by a Jury of Twelve men; and the reason of the diversity is because in this Case the Dignity is accrued unto her by her Marriage, which the Lawyers term Matter in Fact, and not by any Re∣cord.

But a Noble Woman by marriage, though she take to her second Husband a man of mean Degree, yet she may keep two Chap∣lains, according to the Proviso in the Sta∣tute of 11. Hen. 8. Case 13. for and in respect of the Honour which once she had, viz. at the time of the Retainer: And every such Chaplain may purchase Licence and Dispen∣sation, &c. And Chaplains may not be Non-residents afterwards.

And forasmuch as the retaining of Chap∣lains by Ladies of great Estate is ordinary, and nevertheless some questions in Law have been concerning the true understanding of the said Statute Law; I think it not imper∣tinent to set down subsequent Resolutions of the Judges touching such matters.

So long as the Wife of a Duke is called Dutchess, or of an Earl a Countess, and have the fruition of the Honour appertain∣ing to their Estate, with kneeling, tasting, serving; so long shall a Baron's Widow be saluted Lady, as is also a Knight's Wife by the courtesie of England, quamdi•• ma∣trimonium aut viduitas uxoris durant; ex∣cept she happen to clope with an Adulterer: for as the Laws of this Kingdom do adjudge that a Woman shall lose her Dowry in that (as unto Lands, Tenements, and Justice;) so doth the Laws of Gentry and Nobleness give Sentence against such a Woman, ad∣vanced to Titles of Dignity by the Hus∣band, to be unworthy to enjoy the same, when she putting her Husband out of her mind, subjects her self unto another.

If a Lady which is married come through the Forest, she shall not take any thing; but a Dutchess, Marchioness, or Countess shall have advantage of the Statute de Char∣ta Forest. 12 Artic. during the time that she is unmarried.

This is a Rule in the Civil Law, Si filia Regis nubat alicui Duci vel Comiti, ducetur tamen semper regalis. As amongst Noble Women there is a difference of Degrees, so according to their distinct Excellencies the Law doth give special priviledges, as fol∣loweth: By the Statute 25 Edw. 3. cap. 1. it is High Treason to compass or imagine the death of the Queen, or to violate the King's Companion. The King's Response is a sole person, except by the Common Law; and she may purchase in Feesimple, or make Leases or Grants with the King; she may plead and be impleaded, which no other married Woman can do without her Hus∣band.

All Acts of Parliament for any cause, which any way may concern the Queen, are such Statutes whereof the Judges ought to take Recognizances as of general Statutes: though the matter doth only concern the capacity of the Queen, yet it doth also concern all the Subjects of the Realm; for every Sub∣ject hath interest in the King, and none of his Subjects within his Laws are divided from the King, who is Head and Sovereign, so that his business concerns all the Realm: and as the Realm hath interest in the King, so and for the same Reason is the Queen, being his Wife.

A man seized of divers Lands in Fee holden by Knight's Service, some by Prio∣rity (that is by ancient Feoffment holden of others) and some other part holden of the King in posteriority; the King granteth his Seigniory to the Queen during her life; and afterwards the Tenant dieth, his Son within Age: in this case he shall have the Wardship of the Body, and have the Pre∣rogative even as the King himself should have had.

The Queen Consort or Dowager shall not be amerced, if she be Nonsuited in any Action or otherwise; in which case any o∣ther Subject, of what degree soever, shall be amerced: for in that case the Queen

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shall participate of the King's Preroga∣tive.

But the Queen shall not in all cases have the same prerogative as the King; as for Example, Petition is all the remedy the Sub∣ject hath when the King seizeth his Lands, or taketh away his Goods from him, ha∣ving no Title by order of Law so to do, contrary to the Opinion of some ancient Books, as you may see Stamford's Prero∣gative, Case 19. But no such Suit shall be made to the Queen, but Actions as against other Lieges of the King, according as the Case shall require: For by the same Reason that the Queen may be Plaintiff or Deman∣dant in Actions without the King, by the same Reason she shall be Defendant with∣out the part taking of such Prerogatives as do appertain to the King.

Against the King by his Prerogative nul∣lum tempus occurrit; but it is not so with the Queen, 18 Edw. 3. 2. a. And plenarily by six months is a good Plea in a Quare Impedit brought by Philip Regina Anglia, ibidem fol. 1. 13. b. Stamford's Prerogative, Case 18. prope finem. In the 22 Edw. 3. 6. it is thus to be read; Note that a Protecti∣on was sued forth against the Queen in a Writ which she brought, and it was al∣lowed, though she be a person exempt. Ne∣vertheless by this short Case following may be observed, That the Justices do not easi∣ly suffer any proceedings in Law against the Queen (Wife or Widow;) but will hold with their Immunities so much as by Law they may.

A Writ of Dower was brought against Isabel Queen of England, and Mother to the then King; and the Court said to the Plaintiff, The Queen is a person of Digni∣ty and Excellency, and we are of Opinion that she shall not answer to the Writ, but that she should be sued unto by Petition. And thereupon the Demandant dixit gratis, and she prayed the Court to grant a Continu∣ance of Action until another day, so that in the mean time she might speak with the Queen: But the Court would not agree to make a Continuance; but said, That upon her request they might give day prae re per∣tin. and so it was done; for the Queen's Counsel would not agree to a Continuance, for thereby the Queen shall be accepted as answerable.

Neither do I suppose that I have digres∣sed from any former purpose for making mention in those Cases concerning the Queen Consort: For notwithstanding the intermar∣riage with the Sovereign King, yet she is no other than a King's Subject, whether she be of a Foreign Nation, or a Native born; and though she be by the favour of the King solemnly crowned Queen, yet that is but a Royal Ceremony, and no essential Exception, whereby she may not from hence∣forth be accounted in the rank of Noble Women. And this hath been proved by the effect in the Reign of King Henry the Sixth, when some of the Wives, crowned Queens, have been Arraigned of High Treason, and therefore put to Trial by the Nobles of the Realm as her Peers.

The Wife of the King's eldest Son hath also some Prerogatives in regard of the Ex∣cellency of her Husband, which the Wives of other Noblemen have not: For by the Sta∣tute of the Thrteenth of Edward the Third, it is High Treason to violate the Wife of the King's eldest Son and Heir.

Dutchesses and Countesses have special Honours appertaining to their Estates; as Kneeling, Tasting, &c. which things are more appertaining properly to the Heralds, than to be here treated of.

Ladies in Reputation.

THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father, is a Lady by Courtesie of Speech and Honour, and taketh place ac∣cording as in ancient time hath been per∣mitted by the Sovereign Prince, and allow∣ance of the Heralds; but in legal proceed∣ings they are not Priviledged, nor to be named according to such Names of Digni∣ty. But the King may at his pleasure cre∣ate such Men, in the life of their Ancestors, unto degrees of Lord's of his Parliament, and then the Law is otherwise.

If a Noble Woman of Spain come into this Realm by safe Conduct, or otherwise, though in the Letters of safe Conduct by the King she be styled by such her Sove∣reign Title; yet in the King's Courts of Ju∣stice she shall not be named by such Title, though in common Speech she is styled a Lady.

An English Woman born doth taken to her Husband a French or Spanish Duke, though he be made a Denizen, yet she shall not bear his Title of Dignity in Legal Proceed∣ings.

A German Woman is married to a Peer of the Realm, and unless she be made a Denizen, she cannot lawfully claim the Pri∣viledges or Titles of her Husband, no more than she can to have Dower or Joynture from him.

An English Woman doth take to her Hus∣band an Irish Earl; or if a Lord of Scot∣land (though he be a Postnatus) take an English Woman to his Wife, their Wives shall not participate of their Husbands Titles of Dignity.

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But if the King do create one of his Sub∣jects of Scotland or Ireland a Peer of this Realm, then shall he and his Wife enjoy all the Priviledges of a Nobleman. But if an Eng∣lish man by the Emperor be made an Earl of the Empire, his Wife shall not bear that Title of Honour.

All the Daughters of Dukes, Marquisses, and Earls are by the ancient Custome of the Realm styled Ladies, and have prece∣dency according to the Degrees of their Pa∣rents; And of this Custome the Laws do take notice, and give allowance for Honour and Decency: But nevertheless in the King's Courts of Justice they bear not those Titles of Honour, no more than the Sons of such Noble persons may do: So in this point the Law is one way, and the Honour and Cour∣tesie of Ladies another. And as a Civilian in like Case saith, Aliud est jus, & aliud privilegium; nevertheless the Books of our Law do make mention thereof, and al∣low of it as a Courtesie, though not as a Law.

Thus much of Women: If I have been too large upon this Subject, I crave their pardons; and if too short, I wish I had been more large for their Honour: Yet let them compare their Conditions with that of their Neighbouring Nations, and 'tis believed they have reason to judge themselves the happiest Women in the World; but Nemo sua sorte contentus.

None truly value what they do possess: Birth, Beauty, Titles, Riches in excess, Are all a Plague, if ought else we desire; The loss of that makes all our joys on fire.

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[illustration]

The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox &••^a.

[illustration]

The R^t. hon^ble. Ann Stuart Baroness of Cas∣tle Stuart in y^e. Kingdome of Ireland Relict of y^e R^t. hon^ble. Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in y^e. County of Fermenaugh•••• y^• s^d. Kingdome Esq^r

[illustration]

Katherine Gam's daughter and Coheire of Hoo Gam's of Newton in Brecknock shire Esq^r, Grand daughter to S^r. Iohn Gam's discended by the elder house from the mighty S^r. David Gam'•• of Newton afores^• who did wonders at y^e battle of Agencourt, who was discended from Tudor y^e grea•• King of South Wales. The occation of wearing y^e Leek was from y^t family. vide see•• chap^t. 4.

[illustration]

Katherine Sedley sole daughter and heyre of S^r. Charles Sedley of South fleet in Kent Baronet.

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OF KNIGHTHOOD IN GENERAL•• CHAP. XVI.

ALthough I am not of the Opinion of some that vainly derive the Order of Knighthood from St. Michael the Archangel, whom they term the primier Cheva∣lier; yet I may say that it is near as ancient as Valour and Heroick Vertue, and may de∣rive its Original from Troy, which bred ma∣ny Noble and Renowned Knights; amongst which were Hector, Troilus, AEneas, and Antenor. So among the Greeks were Aga∣memnon, Menelaus, Peleus, Hercules, Dio∣medes, Telamon, Vlysses, and several o∣thers, whose Military and Heroick Acts pur∣chased unto them a never dying Fame. And the Romans took so great care for the che∣rishing and advancement of Heroick and Mi∣litary Vertue and Honour, that they erected and dedicated Temples to Vertue and Ho∣nour; and from the infancy of their Milita∣ry Glory they instituted a Society of Knights, which consisted of a select number. And some there are that plead to have Knighthood take its rise from Romulus: For, say they, that Romulus having settled his Government in Rome, partly for Security, and partly for magnificence, erected or inrolled three Bands or Centuries of Knighthood or Horsmen; the first he called Romene from his own Name; the second Titience from Titus Tacitus; and the third Luceria, whereof mention is made by Livy. And this Inrollment consisted of Three hundred stout and personable men, chosen out of the chiefest Families, and were to attend him as his Life-guard, both in Peace and War, and were called Celeres, or Equites, from their personal Valour and dexterity in Martial Affairs.

And to add to the Honour of Knighthood, the Romans oft-times made the Knights Judges for the management of their Civil Affairs, yet continued they of the Eque∣strian Order.

The Romans called their Knights Milites, or Miles, and Equites, or Equites Aurati; the Italians and Spaniards, Cavalieri; the French, Chevaliers; and the English, Knights.

The Addition of Sir is attributed to the Names of all Knights, as Sir Iohn, Sir Tho∣mas, and the like. And to Baronets the said Addition of Sir is granted unto them by a peculiar Clause in their Patents of Creation, although they are not dubbed Knights.

No man is born a Knight of any Title or Degree whatsoever, but made so; either be∣fore

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a Battel, to encourage him to adventure his Life; or after the ••ight, as an advance∣ment to Honour for their valiant Acts. And although Knighthood, according to its first Institution, was only a Military Honour; yet of later days, it hath been•• frequently seen, that meritorious persons in Civil Affairs have this degree of Honour conferred upon them. Nor ar•• Kings, Princes, or Potentates at any time limitted or confined their bestowing this Dignity, being at all times free to bestow it on whomsoever they shall in their Princely fa∣vour think worthy to be advanced to the said Honour, either for their Merit, Birth, of E∣state.

The Ensigns or Ornaments belonging to Knighthood are many, each Country or King∣dom having those peculiar to it self: I shall name some of the chief.

To the Knights of the Equestrian Order a∣mongst the ancient Romans was given a Horse, or a Gold Ring. The Germans gave the Badge of the Shield and Launce. The French anciently gave also the Shield and Launce (as Favin notes) but since they used the Equestrian Target.

Another Knightly Ornament is the Mili∣tary Belt, first made of Leather, which af∣terwards came to be richly adorned with Gold and precious Stones; and to this Belt was added a Sword. Other Ornaments were gilt or golden Spurs, and golden Collars of SS. But these have been for a long time laid aside; and instead thereof is only used Dub∣bing with a naked Sword to Knights Batche∣lors, which I shall speak of when I treat of Knights Batchelors.

Many have been, and yet are, the Degrees and Order of Knighthood in Christendom, each Kingdom having some appropriated to themselves: which though many of them are now extinct; yet I shall touch upon them, as I find them Recorded by Sir William Segar in his Volume of Honour Military and Civil, and by Elias Ashmole, Esq in his incomparable Volume of the Order of the Garter, to which I refer the Curious Reader for his further sa∣tisfaction. And of these Degrees or Orders I shall first treat of those used amongst us, be∣ginning with that of the most Noble Order of the Garter; next with the Knights Bannerets; then with Baronets, this being their proper place according to precedency, although some∣thing improper, as not being of any degree of Knighthood; next with Knights of the Bath; then with Knights Batchelors; and so conclude with those Degrees of Knighthood in Foreign Kingdoms and Countries.

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[illustration]

Ther•• are many Articles confirmed unto them, to which all that are enstalled Sub∣scribe, besides the forementioned Oath, viz. that whilst they shall be Fellows of the Order they will defend the Honour, Quarrels, Rights and Lordships of the Sovereign; that they will endeavour to preserve the Honour of the said Order, and all the Statutes made for the same, without fraud or covin, Quinam perju∣rati.

It is also esteemed most Honourable, there having been more Emperors, Kings, and Fo∣reign Princes of this one Order, than of all others in a manner in the World; which Ho∣nour is obtained by keeping precisely to the primitive Number, never exceeding Six and twenty; whereas all others of this kind have been so frankly communicated unto all pre∣tenders, that at last they lost their lustre and esteem in the World. Of this Order there hath been no less than eight Emperors, seven Kings of Portugal, two Kings of Scots before the Union, five Kings of Denmark, three of Naples, one of Poland, and two of Sueden, besides many Foreign Sovereign Princes of I∣taly, Germany, &c. The Order and Institution being Honourable, and by many Learned Pens sufficiently cleared from the envy of Froysart, and other French men; as also from the folly of Polydore Virgil, who favours the Roman∣tick Story of the fair Countess of Salisbury, who being a dancing with the said King Ed∣ward, let fall her Garter, which the King took up and tied about his Leg; at which the Queen being jealous, he gave this Motto, Honi sort qui mal y pense, that is, Evil be to him that evil thinks.

The Patron of this Order is St. George, a Man of great Renown for Chivalry; he suf∣fered Martyrdom at Lydda under Dioclesian, saith Mr. Selden; supposed by Dr. Helyn to have been martyrred at Nicomedia, the prin∣cipal Seat then of the Eastern Empire; and by others at Diosprilia or Lyddea in Palestine, where he is said to be interred; whose Fame was so great in the World, that many Tem∣ples and Monasteries were dedicated to him in the Eastern Countries, from whence his e∣steem came into England, who celebrated to his memory the Three and twentieth of April with the rest of the Universal Church: But how long he has been honoured as Patron and Protector of England is disputable; Mr. Sel∣den concludes before the Conquest; And 'tis no marvel (saith he) that so warlike a peo∣ple should make choice of such a Souldier-Saint, known by the particular name of Tro∣pheophorus, of greater eminency in both the Eastern and Western Churches than any other Souldier-Saint. To this Tutelary Saint or Patron of Martial men King Edward com∣mends himself and his Companions, called The Knights of St. George: And having both beautified and enlarged his Castle at Windsor to be the Royal Seat of this Order, he caused a solemn Proclamation to be made in France, Spain, &c. to invite all Military Spirits to at∣tend those Tilts and Tournaments which were intended to be kept, not only on St. George's day then next ensuing, which was designed for the day of Institution, but for fifteen days before, and as many after; and that the me∣mory of St. George might be still continued, he gave them for a part of their daily Habit the Image of St. George encountring with the Dragon or Devil, inchased with Pearls and precious Stones, appendant to a blue Ribon, continually to be worn about their necks.

As for the Habit of this Order, besides the George and Ribon before mentioned, and a Garter enamelled with Gold, Pearl, and pre∣cious Stones, with the Motto, Honi soit qui mal y pense embroydered upon it, which is fastned about the left Leg with a buckle of Gold, from whence they were called Knights of the Garter, and without these two Orna∣ments none of these Knights are to appear in publique; There also properly belongs to this Order a Cassock of crimson Velvet, and a Mantle and Hood of purple Velvet, lined with white Sarsnet, on the left shoulder, where∣of is an Escocheon of St. George embroidered with a Garter, within the Motto: The Esco∣cheon is Argent, a Cross, Gules. But these

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to be worn only upon St. George's day, and when it shall please the Sovereign to celebrate the Ceremonies of the Installations. To each Knight belongs a Collar of the Order made of pure Gold, weighing thirty Ounces of Troy weight, composed of Garters and Roses, en∣amelled with Roses red and white; and since the coming of King Iames, there hath been an intermixture of Thistles; the Image of St. George enriched with precious Stones appen∣dant to it, to be worn over all the Robes at St. George's Feast, and over their ordinary Cloaks, upon all such days on which the So∣vereign is bound by Statute to make Offerings. Also besides these Robes and Ornaments ap∣pointed by the Founder, it was ordered by K. Charles the first, That all Knights should or∣dinarily wear upon their Cloaks or Coats, on the left side, a Star of Silver imbroidery, with the Escocheon of St. George within the Gar∣ter, &c. in the Center of it. But the Habit doth more lively appear by the Pourtraiture re∣presenting the Habit of the said Order.

In some of these Habiliments these Knights are attired in publick, as the diversity of the occasion requireth; but always in their state∣liest Robes and richest Collars when the So∣lemnities of the Order are to be performed, that is, the celebrating of St. George's Feast, and in the Act of their Installations, in the Free Chappel of St. George, built within the verge and limits of the Castle, at the Founda∣tion whereof was appointed a Dean, Prebends, and poor Gentlemen established, to be main∣tained with Stipends, by the Name of Knights (or poor Knights) of Windsor, who have provided for them Robes of Cloth according to them of their Order, who are to pray for the Order. Concerning the Ceremony of the Installation you are to know, that every Knight is bound to fasten an Escocheon of their Arms on a plate of Metal on their several Stalls, with an Inscription of their Names, Titles, and Honour, which they remove as they are advanced in order higher. And in this order they also advance their Banners, Swords, and Helmets, which are continually over their Stalls during their being of that Or∣der, that plate of their Arms being left unto the Stall in which they last sate; the Hatch∣ment taken down to make room for such as succeed unto the deceased or higher removed Knights, touching which they are placed ac∣cording to the Seniority of their Creations, and not according to their Dignities and Titles of Honour; so that sometimes a Knight Batchelor hath place before an Earl or Duke; as not long since Sir Henry Lea Knight, Keep∣er of the Armory, had precedency of the Duke of Lenox, besides Earls and Barons: only in honour to Strangers who are Sovereign Prin∣ces, or Sons or Brothers to such, it is per∣mitted by the Rule of Order that they take place according to the quality of these persons; but this by a late Indulgence. Anciently if a King crowned came in place of a Knight Bat∣chelor, he sate there without any difference; but this alteration was made, as 'tis supposed, by King Henry the Seventh, in reference to Foreign Princes; the rest continue in their Stalls where first seated; so that the Sovereign reserved to themselves the power once in their Lives (so saith the Statute) to make a gene∣ral translation of all the Stalls, except of Em∣perors and Foreign Princes, which order con∣tinues to this day.

Much may be said in honour of this Noble Order: but it being so well and accurately treated of by that great Antiquary Elias Ashmole Esq in a large Volume in Folio lately published by him, entituled The Institution, Laws, and Ceremonies of the most Noble Order of the Garter, that nothing more can be said thereof, which he hath illustrated with great variety of useful & ornamental Sculptures; I shall therefore conclude by setting down the Heads of the several Chapters and Sections by him so learnedly treated of, recommending to the Reader the said Volume as a Work fit to adorn and enrich the Libraries of the most Curious.

The first Chapter treats of Knighthoood in general, which is divided into ten Secti∣ons.

Chap. II. Of the Religious Orders of Knighthood in Christendome, divided into five Sections.

Chap. III. Of Military Orders of Knight∣hood, in three Sections.

Chap. IV. Treats of the Castle, Chappel, and Colledge of Windsor, in eight Sections: 1. Of the Castle; 2. Of the Chappel; 3. The Foundation of the Colledge; 4. Of the Dean, Canons, Clerks and Choristers; 5. Of the Poor Knights; 6. Of other Officers of the Col∣ledge; 7. Of the Endowment of the Col∣ledge; And 8. of the Priviledges of the Chap∣pel and Colledge.

Chap. 5. Treats of the Institution of the Order, in five Sections: 1. The Opinions con∣cerning the occasion of its Institution; 2. The true Cause inserted; 3. The Time of its Institu∣tion; 4. Of the Patrons of the Order; And 5. the Honour and Reputation thereof.

Chap. VI. Treats of the Statutes and An∣nals of the Order, in four Sections: 1. Of the Statutes and Institutions; 2. Of those o∣ther bodies of Statutes since established; 3. The endeavours for the reforming the Statutes since King Henry the Eighth; And 4. of the Annals of the Order.

Chap. VII. Treats of the Habit and Ensigns of the Order, in ten Sections: 1. Of the Gar∣ter; 2. Of the Mantle; 3. Of the Surcoat; 4. Of the Cap and Hood; 5. The Robes anci∣ently assigned to the Queen and great Ladies; 6. The Collar in general; 7. The Collar of the Order; 8. The Collar of SS; 9. The lesser

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George; And 10. when the Habits, in whole or in part, ought to be worn.

Chap. VIII. Treats of the Officers appoint∣ed for the Service of the Order, in seven Se∣ctions: 1. The Prelat's Institution, his Oath, Robe and Priviledges; 2. The Institution of the Chancellor's Office, with his Oath, Badge, and Pension; 3. The Register's Institution, with his Oath, Mantle, Badge, &c. 4. Garter's Institution, with his Oath, Mantle, &c. 5. The Institution of the Black Rod's Office, with his Oath, Habit, &c. 6. The payment of the Of∣ficers Pensions upon the new Establishment; And 7. the Execution of these Offices by De∣puties.

Chap. IX. Treats of the Election of a Knight into this Order, in eighteen Sections: 1. Of Summons to the Election; 2. The place of the Assembly; 3. The number of the Knights; 4. The Dispensation for want of a full number; 5. Of opening the Chapter; 6. That Knights only present in Chapter ought to nominate; 7. Of the number, qualifications, and degrees of those persons to be nominated; 8. Of the Scrutiny, and by whom it ought to be taken; 9. The time when; 10. The Order and Manner of it; 11. The presentation of it to the Sove∣reign; 12. His considerations referring to the qualifications of the person to be elected; 13. Of other inducements for Election; 14. The So∣vereign only Electeth; 15. The Scrutiny ought not to be entred amongst the Annals; 16. The Scrutiny ought not to be viewed until it be entred; 17. Of Scrutinies taken, yet no Ele∣ction made; And 18. the penalties inflicted on Knights Companions who appear not at the Election.

Chap. X. Treats of the Investure of a Knight-Subject with the Garter and George, in six Sections: 1. The notice given to a Knight-Subject of his Election; 2. His reception into the Chapter-house; 3. The Ceremonies of In∣vestiture with the Garter and George; 4. Of sending the Garter and George to an elect Knight-Subject; 5. The manner of a Knight's Investiture; And 6. the Allowances and Re∣wards given to Garter King at Arms for his Service in this Employment.

Chap. XI. Of the preparations for the per∣sonal Installation of a Knight, in seven Secti∣ons: 1. That Installation gives the Title of Founder; 2. Of the time and place appointed for Installation; 3. Of Commissions for Instal∣lation; 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 Instal∣lation of a Knight-Subject, in eleven Sections: 1. Of the Cavalcade to Windsor; 2. The Of∣ferings in the Chappel on the Eve of the Instal∣lation; 3. The Supper on the Eve; 4. The or∣der in proceeding to the Chapter-house; 5. The Ceremonies performed in the Chapter-house; 6. The proceeding into the Choire. 7. The Ce∣remonies of Installation; 8. The order obser∣ved 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 Atchieve∣ments.

Chap. XIII. Treats of the Installation of a Knight-Subject by proxy, in nine Sections: 1. The original cause of making Proxies; 2. Let∣ters of Procuration; 3. Qualifications of a Proxy; 4. Preparations for Installations; 5. Pro∣ceeding to the Chapter-house; 6. Transactions in it; 7. Proceeding to the Choire; 8. Cere∣monies 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 Ele∣ction before sending the Habit; 3. Notice of Election sent with the Habit; 4. Certificate of acceptation; And 5. of an Election not accep∣ted of.

Chap. XV. Treats of the Investiture of Strangers with the Habit and Ensigns of the Order, in four Sections: 1. The time for send∣ing the Habit and Ensigns unlimited; 2. Pre∣parations made for the Legation; 3. The Ce∣remonies 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 Installati∣on; 6. The Proctor's Cavalcade to Windsor; 7. Supper after his arrival there; 8. Of the proceeding to the Chapter-house; 9. The Ce∣remonies 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 twen∣tieth of April; 3. St. George's day made Fe∣stum 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. Re∣moved

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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 Lieute∣nancy and Assistance; 4. Warrants for the Re∣moval of Atchievements; 5. Scutcheons of Arms and Styles; 6. Of adorning the Chap∣pel; 7. The furnishing of St. George's Hall; And 8. Officers and Servants appointed to at∣tend at the Grand Feast.

Chap. XX. Treats of the order of the Ce∣remonies 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. Trans∣actions 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 morn∣ing; 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 ob∣served on the last day of the Feast, in four Se∣ctions: 1. Of proceeding to the Chapter-house in the morning; 2. Of the elect Knights pro∣ceeding into the Choire; 3. Of the Ceremo∣nies 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 ob∣serve the Grand Feast; 2. More particular di∣rections 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 de∣ceased 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 con∣sisted; 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.

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OF Knights Bannerets. CHAP. XVIII.

THIS Degree of Knighthood, called by some Equites Vexilla∣rii, 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.

'Tis 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 per∣sons thus assembled were then called a Parlia∣ment. And that those Bannerets often serving their King and Country, in process of time ob∣tained the name of Barons, and were admitted into the Peerage, and had their Titles affixed to them and their Heirs. And this was the u∣suage and custome of the Saxon Kings to con∣sult 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 En∣signs of Honour equal to the Nobility, being al∣lowed to bear their Arms with Supporters, which is denied to all others under the Degree of a Baron: Also they take place before all Vis∣counts and Barons younger Sons; as also before all Baronets, and were of such esteem, that di∣vers Knights Batchelors and Esquires have ser∣ved 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 Fa∣mily. 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, re∣ceives 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 de∣serves 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 Pen∣non 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 entertain∣ed.

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 No∣bles.

Of this Order there is at present none ex∣tant; 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 Bat∣tel) who was afterwards flain in his said Ma∣jesties 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 Lanca∣shire, Esq) was advanced by Edward the black Prince for his eminent Service done at the Battel of Poictiers in France.

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S•••• Iohn Holland of Quidenham in y^e. County of Nor•••••••• ••ar^t d••scend••d from y^e Hollands of y^e. Antient 〈◊〉〈◊〉〈◊〉〈◊〉 in Lancashir: Maried to Alathea daughter and C••heyce of Iohn Panton of Bru••••shop in Denbighshi•••• ••••{que} Re••ict of y^e. R^t. Honer^bl••. Witt•• L^d. 〈◊〉〈◊〉 of the Vine in Hantshire: the 188 Bar^t. by Creation.

[illustration]

••^r•• Anthony Aucher of Byshopsbourn in 〈◊〉〈◊〉 ••^t. & Bar^t. maried to one of y^e. daughter o•• Robert Hatton K^t. deceased: one of the Chamberlyns of his ma^tys. Exchequ••r•• the Bar^t. by Creation••

[illustration]

S^r. Iohn Reresby of Thriberge in the West Rideing of Yorkshire Bar^t. Gouernor of Burlington in y^e said County the 387 Bar^t. by creation

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OF BARONETS. CHAP. XIX.

THE lowest degree of Honour that is Hereditary is this of Ba∣ronets, 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 be∣gotten; yet sometimes the Honour is other∣wise entailed for want of Issue Male. And the Proeme or Argument of the said Patent being for the propagating a Plantation in the Pro∣vince of Vlster in Ireland, to which the aid of these Knights was ordained, or for the main∣tenance 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 have precedency before all Knights, ex∣cept those of the Garter, Bannerets, and Pri∣vy Councellors: they are styled Baronets in all Writs, Commissions, &c. and the addition of Sir is attributed unto them, as the title of Lady is to their Wives.

They are to take place according to the pri∣ority of the date of their Patents, and no Ho∣nour is to be created between Baronets and Ba∣rons.

At the first instituting of this Order King Iames engaged that they 〈…〉〈…〉 two hundred in number, and after the said number should be compleated, if any for want of an He••r Male should be extinct, there should never any more be created in their room, but that the title should diminish to the honour of them remaining. But afterwards a Commissi∣on was ordained to fill up the vacant places, who had instructions also enacted, by which the Commissioners were impowered to treat with others that desired to be admitted into the said Dignity, which is now allowed without limitation; yet with this Proviso, that they be of good Reputation, and descended of a Grandfather at the least by the Father's side that bare Arms, and have also a certain yearly Revenue of One thousand pounds per Annum de claro.

It is also ordained that they and their De∣scendants, viz. their eldest Sons, attaining the full Age of One and twenty years, may receive Knighthood; and that they shall in a Canton, or in an Escocheon (which they please) bear the Arms of Vlster, viz. in a Field Argent, a sinister hand couped at the wrist, Gules. In the King's Army Royal they have place in the gross near the King's Standard, and are al∣lowed some peculiar Solemnities for their Fu∣nerals.

Since the first Creation of Baronets in Eng∣land, there hath been several made after the like manner in Ireland; as also the Knights of Nova Scotia in the West Indies by King Iames upon the like design, that is, for planting that Country by the Scotch Colonies, and the De∣g••••es likewise made Hereditary.

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By the King. THE INSTRUCTIONS Within mentioned to be observed by Our COMMISSIONERS WITHIN NAMED.

FOrasmuch as We have been pleased to authorize you to treat and conclude with a certain number of Knights and Esquires, as they shall present themselves unto you with such offers of assistance for the service of Ireland, and un∣der such Conditions as are contained in these Presents, wherein We do repose great trust and confidence in your discretions and integrities, knowing well, that in such cases there are so many circumstances incident, as require a choice care and consideration: We do hereby require you to take such course as may make known abroad both Our purpose, and the autho∣rity given unto you, That by the more publick notice thereof, those persons who are disposed to advance so good a Work, may in time understand where and to whom to address themselves for the same; For which purpose We require you to appoint some certain place and times for their Access: which We think fittest to be at the Coun∣cil Chamber at Whitehall, upon Wednesdays and Fridays in the Afternoon, where you shall make known to them (as they come) that those who desire to be admitted into the Dignity of Baro∣nets, must maintain the number of thirty foot Souldiers in Ireland, for three years, after the rate of eight pence sterling money of England by the day; And the wages of one whole year to be paid into Our Receipt, upon the passing of the Patent.

Provided always, that you proceed with none, except it shall appear unto you upon good proof, that they are men for quality, state of li∣ving, and good reputation, worthy of the same; And that they are at the least descended of a Grandfather by the Father's side that bare Arms; and have also of certain yearly revenue in Lands of inheritance in possession, One thou∣sand pounds per Annum de claro; or Lands of the old Rent, as good (in accompt) as One thou∣sand pounds per Annum of improved Rents, or at the least two parts in three parts to be divi∣ded of Lands, to the said values in possession, and the other third part in reversion, expectant upon one life only, holding by Dower or in Ioynture.

And for the Order to be observed in ranking those that shall receive the Dignity of a Baro∣net, although it is to be wished, that those Knights which have now place before other Knights (in respect of the time of their Crea∣tion) may be ranked before others (Caeteris paribus) yet because this is a Dignity which

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shall be Hereditary, wherein divers circum∣stances are more considerable, than such a Mark as is but Temporary (that is to say of being now a Knight, in time before another) Our pleasure is, you shall not be so precise, in placing those that shall receive this Dignity, but that an Esquire of great Antiquity and ex∣traordinary Living, may be ranked in this choice before some Knights. And so (of Knights) a man of greater living, more remarkable for his house, years, or calling in the Common∣wealth, may be now preferred in this Degree, before one that was made a Knight before him.

Next, because there is nothing of Honour, or of Value, which is known to be sought or desi∣red (be the Motives never so good) but may receive scandal from some, who (wanting the same good affection to the Publick) or being in other considerations incapable, can be content∣ed out of envy to those that are so preferred, to cast aspersions and imputations upon them; As if they came by this Dignity for any other con∣sideration, but that which concerneth this so publick and memorable a work, you shall take order, That the party who shall receive this Dignity, may take his Oath, that neither he (nor any for him) hath directly or indirectly given any more for attaining the Degree, or any Precedency in it, than that which is neces∣sary for the maintenance of the number of Soul∣diers, in such sort as aforesaid, saving the charges of passing his Patent.

And because We are not Ignorant, that in the distribution of all Honours, most men will be desirous to attain to so high a place as they may, in the Iudgment whereof (being matter of dig∣nity) there cannot be too great caution used to avoid the interruption that private partiali∣ties may breed in so worthy a Competition.

Forasmnch as it is well known, that it can concern no other person so much to prevent all such Inconveniencies, as it must do our self, from whom all Honour and Dignity (either Temporary or Hereditary) hath his only root and beginning, You shall publish and declare to all whom it may concern, That for the better warrant of your own Actions, in this matter of Precedency (wherein We find you so desi∣rous to avoid all just Exceptions) We are de∣termined upon view of all those Patents, which shall be subscribed by you, before the same pass Our Great Seal, to take the especial care upon Vs, to order and rank every man in his due place; And therein always to use the particu∣lar counsel and advice that you our Commissi∣oners 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 doubt∣ful, before you deliver Vs any such opinion as may lead Vs in a case of this Nature, where∣in 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 Of∣fers 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 suffici∣ent Bond or Recognizance to Our use, for the payment of that portion which shall be remain∣ing after the first payment is made, which you are to see paid upon delivery of the Letters Patents: The other, That seeing this Contri∣bution 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 Acquit∣tance for the same. For which this shall be yours and his the said Receiver's sufficient Warrant in that behalf.

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THE PRECEDENT OF THE PATENT OF Creation of Baronets.

REX omnibus ad quos. &c. Salu∣tem. Cum inter alias Imperii nostri gerendi curas, quibus a∣nimus noster assiduè exercetur, illa non minima sit, nec mi∣nimi momenti, de Plantatione Regni nostri Hiberniae, ac potissimum Vlto∣niae, amplae & percelebris ejusdem Regni Pro∣vinciae, quam nostris jam auspiciis atque ar∣mis, foeliciter sub obsequii jugum redactam, ita constabilire elaboramus, ut tanta Provin∣cia, non solum sincero Religionis cultu, hu∣manitate civili, morumque probitate, verum etiam opum affluentia, atque omnium rerum copia, quae statum Reipublicae ornare vel bea∣re possit, magis magisque efflorescat. Opus sa∣ne, quod nulli progenitorum nostrorum prae∣stare & 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 prospi∣ciendum imprimis, ut iniversus hujusmodi rerum civilium apparatus, manu armata, prae∣sidiis videlicet & cohortibus, protegatur & communiatur, ne qua aut vis hostilis, aut de∣fectio intestina, rem disturbet aut impediat: Cumque nobis intimatum sit, ex parte quo∣rundam ex fidelibus nostris subditis, quod ipsi paratissimi sint, ad hoc Regnum nostrum in∣ceptum, tam corporibus, quam fortunis suis promovendum: Nos commoti operis tam sancti ac salutaris intuitu, atque gratos haben∣tes hujusmodi generosos affectus, aque pro∣pensas in obsequium nostrum & bonum publi∣cum voluntates, Statuimus apud nos ipsos nulli rei deesse, quae subditorum nostrorum studia praefata remunerare, aut aliorum animos at∣que alacritatem, ad operas suas praestandas, aut impensas in hac parte faciendas, excitare pos∣sit; Itaque nobiscum perpendentes atque re∣putantes, virtutem & industriam, nulla alia re magis quam honore ali atque acui, omnem∣que honoris & dignitatis splendorem, & amplitudinem, à Rege tanquam à fonte, ori∣ginem & incrementum ducere, ad cujus cul∣men & fastigium propriè spectat, novos ho∣norum & dignitatum titulos erigere atque in∣stituere, utpote à quo antiqui illi fluxerint; consentaneum duximus (postulante usu Rei∣publicae

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atque temporum ratione) nova meri∣ta, novis dignitatum insignibus rependere: Ac propterea, ex certâ scientiâ & mero motu nostris, Ordinavimus, ereximus, constitui∣mus, & creavimus, quendam statum, gradum, dignitatem, nomen & titulum Baronetti (An∣glicè of a Baronet) infra hoc Regnum nostrum Angliae perpetuis temporibus duraturum. Sci∣atis modo, quod nos de gratia nostra speciali, ac ex certa scientia & mero motu nostris, e∣reximus, praefecimus & creavimus, ac per prae∣sentes pro nobis, Haeredibus, & Successoribus nostris, erigimus, prae••icimus, & creamus di∣lectum nostrum de in comitatu virum, familia, pa∣trimonio, censu, & morum probitate specta∣tum (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 an∣nos integros pro defensione dicti Regni no∣stri, & praecipue pro securitate plantationis dictae Provinciae Vltoniae) ad, & in dignita∣tem, statum, & gradum Baronetti (Anglicè of a Baronet) Ipsumque Baro∣nettum pro nobis, haeredibus, & successoribus nostris, prae••icimus, constituimus & creamus per praesentes, habendum sibi, & haeredibus masculis de corpore suo legitime procreatis im∣perpetuum. Volumus etiam & per praesentes de gratia nostra speciali, ac ex certa scientia & mero motu nostris, pro nobis, haeredibus, & suc∣cessoribus nostris concedimus praefato & haeredibus masculis de corpore suo legitime procreatis, Quod ipse idem & haeredes sui masculi praedicti ha∣beant, gaudeant, teneant, & capiant locum atque Praecedentiam, virtute dignitatis Baro∣netti praedicti, & vigore praesentium, tam in omnibus Commissionibus, brevibus, literis pa∣tentibus, scriptis, appellationibus, nominatio∣nibus, & directionibus, quam in omnibus Sessi∣onibus, Conventibus, Caetibus & locis quibuscun∣que prae omnibus militibus, tam de Balneo (An∣glicè of the Bathe) quam militibus Baccalaureis (Anglicè Batchelors) ac etiam prae omnibus mi∣litibus 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, ex∣plicatis, & non aliter creari contigerit. Quod∣que uxores dicti & Haeredum mas∣culorum suorum praedictorum, virtute dictae dignitatis maritorum suorum praedictorum, ha∣beant, teneant, gaudeant, & capiant locum & praecedentiam, prae uxoribus omnium aliorum quorumcunque prae quibus mariti hujusmodi uxorum, vigore praesentium habere debent lo∣cum & praecedentiam; Atque quod primoge∣nitus filius, ac caeteri omnes filii & eorum uxo∣res, & filiae ejusdem & haeredum suorum praedictorum respectivè, habeant, & capiant locum & praecedentiam, ante primoge∣nitos filios, ac alios filios & eorum uxores, & filias omnium quorumcunque respective, prae quibus patres hujusmodi filiorum progenito∣rum, & aliorum filiorum, & eorum uxores, & filiarum, vigore praesentium habere debent lo∣cum & praecedentiam. Volumus etiam, & per praesentes pro nobis, haeredibus, & suc∣cessoribus nostris, de gratia nostra speciali, ac ex certa scientia, & mero motu nostris conce∣dimus, quod dictus nominetur, appelletur, nuncupetur, placitet & implacite∣tur, per nomen Baronetti; Et quod stylus & additio Baronetti apponatur in fine nominis ejusdem & haeredum masculorum suorum praedictorum, in omnibus Literis Patentibus, Commissionibus, & brevi∣bus nostris, atque omnibus aliis Chartis, factis, atque literis, virtute praesentium, ut vera, le∣gitima, & necessaria additio dignitatis. Volu∣mus etiam, & per praesentes pro nobis, haeredi∣bus, & successoribus nostris ordinamus, quod nomini dicti & haeredum mascu∣lorum suorum praedictorum, in sermone An∣glicano, & omnibus scriptis Anglicanis, prae∣ponatur haec additio, videlicet Anglicè (Sir:) Et similiter quod uxores ejusdem & haeredum masculorum suorum praedictorum, habeant, utantur, & gaudeant hac appellati∣one, videlicet Anglicè (Lady, Madam, & Dame) respective, secundum usum loquendi. Habendum, tenendum, utendum, & gauden∣dum, eadem, statum, gradum, dignitatem, stylum, titulum, nomen, locum, & praeceden∣tiam, cum omnibus & singulis Privilegiis, & caeteris praemissis, praefat. & hae∣redibus masculis de corpore suo exeuntibus im∣perpetuum. Volentes & per Praesentes conce∣dentes, pro nobis, haeredibus & successoribus no∣stris, quod praedictus & haeredes sui masculi praedicti, nomen, stat••m, gradum, stylum, dignitatem, titulum, locum, & prae∣cedentiam praedictam, cum omnibus & singu∣lis Privilegiis, & caeteris praemissis successive, gerant & habeant, & eorum quilibet gerat & habeat, quodque idem haere∣des sui masculi praedicti successive Baronetti in omnibus teneantur, Et ut Baronetti tracten∣tur & reputentur, Et eorum quilibet teneatur, tractetur et reputetur. Et ulterius de uberiori gratiâ nostrâ speciali, ac ex certa scientia et mero motu nostris Concessimus, ac per praesen∣tes pro nobis haeredibus et successoribus nostris concedimus praefato & haeredibus suis masculis praedictis, quod numerus Baronet∣torum hujus Regni Angliae ••unquam posthac excedet in toto, in aliquo uno tempore, nume∣rum ducentorum Baronettorum: et quod dicti Baronetti, et eorum haeredes masculi praedicti respectivè, de tempore in tempus in perpetu∣um, habebunt, tenebunt, et gaudebunt locos et praecedentias suas inter se, videlicet, quilibet eorum secundum prioritatem & senioritatem Creationis suae Baronetti praedicti; quotquot

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autem creati sunt, vel creabuntur Baronetti per literas nostras Patentes, gerentes Datas u∣no & eodem die, & haeredes sui praedicti, gau∣debunt locis & praecedentiis suis inter se secun∣dum prioritatem, quae cuilibet eorum dabitur, per alias literas nostras patentes in ea parte primo conficiendas, sine impedimento, & non aliter, nec alio modo. Et insuper de abun∣dantiori gratiâ nostrâ speciali, & ex certa sci∣entia & mero motu nostris concessimus, ac per praesentes, pro nobis haeredibus & successoribus nostris concedimus praefato & hae∣redibus suis masculis praedictis, quod nec nos, nec haeredes vel successores nostri, de caetero in posterum erigemus, ordinabimus, constitue∣mus, aut creabimus infrà hoc Regnum nostrum Angliae aliquem alium gradum, ordinem, no∣men, titulum, dignitatem, sive statum sub vel infra gradum, dignitatem, sive statum Baronum, hujus Regni nostri Angliae, qui e∣rit vel esse possit superior, vel aequalis gradui & dignitati Baronettorum praedictorum, sed quod tam dictus & hae∣redes sui masculi praedicti, quam uxores, filii, uxores filiorum & filiae ejusdem & haeredum masculorum suorum praedictorum, de caetero in perpetuum liberè & quietè habe∣ant, teneant, & gaudeant, dignitates, locos & praecedentias suas praedictas prae omnibus, qui erunt de talibus gradibus, statibus, digni∣tatibus vel ordinibus in posterum, ut praefer∣tur creandi respectivè secundum veram inten∣tionem praesentium absque impedimento no∣stro, haeredum, vel successorum nostrorum, vel aliorum quorumcunque. Et ulterius per praesentes declaramus, & significamus benepla∣citum & voluntatem nostram in hac parte fore & esse, Et sic nobiscum statuimus & decrevi∣mus, quod si postquam nos praedict. numerum ducentorum Baronettorum hujus Regni An∣gliae compleverimus & perfecerimus, Contige∣rit aliquem, vel aliquos eorundem Baronet∣torum ab hac vitâ discedere, absque haerede masculo de corpore vel corporibus hujusmodi Baronetti vel Baronettorum procreato, quod tunc nos non creabimus, vel praeficiemus ali∣quam aliam personam, vel personas in Baro∣nettum, vel Baronettos Regni nostri Angliae, sed quod numerus dictorum Ducentorum Ba∣ronettorum ea ratione de tempore in tempus diminuetur, & in minorem numerum cedet & redigetur; Denique volumus, ac per praesen∣tes pro nobis, haeredibus & successoribus nostris de gratia nostra speciali, ac ex certa scientia & mero motu nostris concedimus praefato & haeredibus suis masculis praedictis, quod hae Literae nostrae Patentes erunt in omni∣bus, & per omnia firmae, validae, bonae, suf∣ficientes & effectuales in lege, tam contra nos, haeredes, & successores nostros, quam contra omnes alios quoscunque secundum veram in∣tentionem earundem, tam in omnibus curiis nostris, quam alibi ubicun{que} Non obstante ali∣qua lege, consuetudine, praescriptione, usu, ordinatione, sive constitutione quacunque an∣te hac editâ, habitâ, usitatâ, ordinatâ, sive provisâ, vel in posterum edendâ, habendâ, usitandâ, ordinandâ, vel providendâ: Et non obstante aliqua alia re, causâ vel materiâ qua∣cun{que} Volumus etiam, &c. Absque ••ine in Ha∣naperio, &c. Eo quod expressa mentio, &c. In cujus rei, &c. Teste, &c.

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A CATALOGUE OF THE Baronets of England ACCORDING To their Creations from the first Institution to the last; with their Seats and Titles expressed in their Patents, Anno 9. Ia∣cobi Regis, 1611.

May 22. 1611.

1 SIR Nicholas Bacon of Redgrave in Suffolk, Kt.
2 Sir Richard Molineux of Sefton in Lancashire, Kt. now Irish Vis∣count.
3 Sir Thomas Mauncell of Mergan in Glamor∣ganshire, Kt.
4 George Shirley of Staunton in Leicestershire Esq
5 Sir Iohn Stradling of St. Donates in Gla∣morganshire, Kt.
6 Sir Francis Leeke of Sutton in Derbyshire, Kt. now English Earl.
7 Thomas Pelham of Laughton in Sussex, Esq
8 Sir Richard Houghton of Houghton-Tower in Lancashire, Kt.
9 Sir Henry Hobart of Intwood in Norfolk, Kt. Attorney General to the King.
10 Sir George Booth of Dunham-Massey in Cheshire, Kt. now English Baron.
11 Sir Iohn Peyton of Isleham in Cambridge∣shire, Kt. Extinct.
12 Lionel Talmache of Helmingham in Suf∣folk, Esq
13 Sir Gervase Clifton of Clifton in Notting∣hamshire, Knight of the Bath.
14 Sir Thomas Gerard of Bryn in Lancashire, Kt.
15 Sir Walter Aston of Tixhall in Staffordshire Kt. of the Bath, since a Baron of Scotland.
16 Philip Nevet of Buckenham in Norfolk, Esq Extinct.
17 Sir Iohn St. Iohn of Lidiard-Tregoz in Wiltshire, Kt.
18 Iohn Shelley of Michelgrove in Sussex, Esq

Iune 29. 1611. 9 Iacobi.

19 Sir Iohn Savage of Rock-Savage in Che∣shire, now English Earl.
20 Sir Francis Barington of Barington-hall in Essex, Kt.
21 Henry Berkley of Wimundham in Leicester∣shire, Esq Extinct.
22 William Wentworth of Wentworth-wood∣house in Yorkshire, English Earl.
23 Sir Richard Musgrave of Hartley-Castle in Westmoreland, Kt.
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24 Edward Seymour of Bury-Pomeray in Devonshire, Esq
25 Sir Moyle Finch of Eastwell in Kent, Kt. now English Earl.
26 Sir Anthony Cope of Hanwell in Oxford∣shire, Kt.
27 Sir Thomas Mounson of Carleton in Lincoln∣shire, Kt.
28 George Gresly of Drakedow in Derbyshire, Esq
29 Paul Tracy of Stanway in Glocestershire, Esq
30 Sir Iohn Wentworth of Coffield in Essex, Kt.
31 Sir Henry Bellasis of Newborough in York∣shire, Kt. now Viscount Faulconberg in Eng∣land.
32 William Constable of Flamborough in York∣shire, Esq
33 Sir Thomas Leigh of Stoneley in Warwick∣shire, Kt. since English Baron.
34 Sir Edward Noel of Brook in Rutland∣shire, Kt. now Viscount Cambden in Eng∣land.
35 Sir Robert Cotton of Conington in Hunting∣tonshire, Kt.
36 Robert Cholmondleigh of Cholmondleigh in Cheshire, Esq since Earl of Lempster, Ex∣tinct.
37 Iohn Molineux of Taversal in Notting∣hamshire, Esq
38 Sir Francis Wortley of Wortley in Yorkshire, Kt.
39 Sir George Savile Senior, Thornhill in Yorkshire, Kt. now Viscount Halifax in England.
40 William Kniveton of Mircaston in Derby∣shire, Esq
41 Sir Philip Woodhouse of Wilberly-hall in Norfolk, Kt.
42 Sir William Pope of Wilcot in Oxfordshire, Kt. now Earl of Down in Ireland.
43 Sir Iames Harington of Ridlington in Rut∣landshire, Kt.
44 Sir Henry Savile of Metheley in Yorkshire Kt. Extinct.
45 Henry Willoughby of Risley in Derbyshire, Esq Extinct.
46 Lewes Tresham of Rushton in Northamp∣tonshire, Esq Extinct.
47 Thomas Brudenell of Dean in Northamp∣tonshire, Esq now Earl of Cardigan in Eng∣land.
48 Sir George St. Paul of Snarsford in Lin∣colnshire, Kt. Extinct.
49 Sir Philip Tirwhit of Stainfield in Lin∣colnshire, Kt.
50 Sir Roger Dalison of Loughton in Lincoln∣shire, Kt. Extinct.
51 Sir Edward Carre of Sleford in Lincoln∣shire, Kt.
52 Sir Edward Hussey of Henington in Lin∣colnshire, Kt.
53 L'Estrange Mordant of Massingham∣parva in Norfolk, Esq
54 Thomas Bendish of Steeple-Bemsted in Essex, Esq
55 Sir Iohn Wynne of Gwidder in Carnarvan∣shire, Kt.
56 Sir William Throckmorton of Tortworth in Glocestershire, Kt.
57 Sir Richard Worsley of Apledercombe in Hantshire, Kt.
58 Sir Richard Fleetwood of Calwiche in Stafforshire, Kt.
59 Thomas Spencer of Yarnton in Oxfordshire, Esq
60 Sir Iohn Tufton of Hothfield in Kent, Kt.
61 Sir Samuel Peyton of Knowlton in Kent, Kt.
62 Sir Charles Morrison of Caishobury in Hart∣fordshire, Kt. Extinct.
63 Sir Henry Baker of Sissinghurst in Kent, Kt.
64 Roger Apleton of South-Bemsted in Essex, Esq
65 Sir William Sidley of Ailesford and South∣fleet in Kent, Kt.
66 Sir William Twisden of Royden-hall in East-Peckham in Kent, Kt.
67 Sir Edward Hales of Woodchurch, and now of Tunstall in Kent, Kt.
68 William Monins of Waldersher in Kent, Esq
69 Thomas Mildway of Mulsham in Essex, Esq
70 Sir William Maynard of Eastanes, or Ea∣ston parva in Essex, Kt. now English Ba∣ron.
71 Henry Lee of Quarendon in Buckingham∣shire, Esq now Earl of Litchfield in Eng∣land.

Anno 1612. Nov. 25.

72 Sir Iohn Portman of Orchard in Somerset∣shire, Kt.
73 Sir Nicholas Saunderson of Saxby in Lin∣colnshire, Kt. now Viscount Castleton in Ire∣land.
74 Sir Miles Sandys of Wimbleton in the Isle of Ely, Kt.
75 William Gostwick of Willington in Bed∣fordshire, Esq
76 Thomas Puckering of Weston in Hartford∣shire, Esq Extinct.
77 Sir William Wray of Glentworth in Lin∣colnshire, Kt.
78 Sir William Aylofte of Braxsted magna in Essex, Kt.

Nov. 25. 1612.

79 Sir Marmaduke Wivell of Constable-Burton in Yorkshire, Kt.
80 Iohn Penshall of Horsley in Staffordshire, Esq
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81 Francis Englesfield of Wotton-Basset in Wiltshire, Esq
82 Sir Thomas Ridgeway of Torre in Devon∣shire, Kt. now Earl of Londonderry in Ire∣land.
83 William Essex of Bewcott in Berkshire, Esq
84 Sir Edward Gorges of Langford in Wilt∣shire, Kt. since a Baron of Ireland.
85 Edward Devereux of Castle-Bromwich in Warwickshire, Esq now Viscount Hereford in England.
86 Reginal Mohun of Buckonnock in Cornwal, Esq since an English Baron.
87 Sir Harbottle Grimston of Bradfield in Essex, Kt.
88 Sir. Thomas Holt of Aston juxta Burming∣ham in Warwickshire, Kt.

Sept. 24. 1612.

89 Sir Robert Naper aliàs Sandy of Lewton-How in Bedfordshire, Kt.
90 Paul Banning of Bentley parva in Essex, since Viscount in England, Extinct.
91 Sir Richard Temple of Stow in Bucking∣hamshire, Kt.
92 Thomas Penystone of Leigh in Sussex, Esq
93 May 27. 1615. Thomas Blackstone of Black∣stone in the Bishoprick of Durham, Esq
94 Iune 10. Sir Robert Dormer of Wing in Bucks, Kt. since Earl of Carnarvan.
95 April 5. 1617. Sir Rowland Egerton of E∣gerton in Cheshire, Kt.
96 April 16. Roger Townsend of Rainham in Norfolk, Esq now an English Baron.
97 May 1. Simon Clark of Salford in War∣wickshire, Esq
98 Oct. 2. Edward Fitton of Houseworth in Cheshire, Esq Extinct.
99 March 11. Sir Richard Lucy of Broxburne in Hertfordshire, Kt. now enjoyed by Sir Kingsmill Lucy of Facombe in Hantshire.
100 May 25. 1618. Sir Matthew Boynton of Bramston in Yorkshire, Kt.
101 Iuly 25. Thomas Littleton of Frankley in Worcestershire, Esq
102 Dec. 24. Sir Francis Leigh of Newnham in Warwickshire, Kt. an English Earl, Ex∣tinct.
103 Feb. 25. Thomas Burdet of Bramcote in Warwickshire, Esq
104 March 1. George Morton of St. Andrews Milborn in Dorsetshire, Esq
105 May 31. 1619. Sir William Hervey of Kidbrook in Essex, Kt. since a Baron of Eng∣land and Ireland, now Extinct.
106 Iune 4. Thomas Mackworth of Norman∣ton in Rutlandshire, Esq
107 15. William Grey of Chillingham in Northumberland, Esq now Baron Warke in England.
108 Iuly 19. William Villiers of Brooksby in Leicestershire, Esq
109 Iuly 20. Sir Iames Ley of Westbury in Wiltshire, Kt. since Earl of Marl∣borough in England.
110 21. William Hicks of Beverston in Glocestershire, Esq
111 Sept. 17. Sir Thomas Beaumont of Cole∣orton in Leicestershire, Kt. since a Viscout of Ireland.
112 Nov. 10. Henry Salisbury of Leweney in Denbeighshire, Esq
113 16. Erasmus Driden of Canons-Ash∣by in Northamptonshire, Esq
114 28. William Armine of Osgodby in Lincolnshire, Esq
115 Dec. 1. Sir William Bambury of Howton in Yorkshire, Kt. Extinct.
116 3. Edward Hartop of Freathby in Leicestershire, Esq.
117 31. Iohn Mill of Canons-Court in Sussex, Esq
118 Ian. 31. Francis Ratcliff of Darent-water in Cumberland, Esq
119 Feb. 6. Sir David Foulis of Ingleby-man∣nour in Yorkshire, Kt.
120 16. Thomas Phillips of Barington in Somersetshire, Esq
121 Mar. 7. Sir Claudius Forster of Bram∣burgh-Castle in Northumberland, Kt.
122 23. Anthony Chester of Chickley in Buckinghamshire, Esq
123 28. 1620. Sir Samuel Tryon of Laire-Marney in Essex, Kt.
124 April 2. Adam Newton of Charlton in Kent, Esq
125 12. Sir Iohn Boteler of Hatfield-Woodhall in Hartfordshire, Kt. since a Baron of England.
126 13. Gilbert Gerrard of Harrow-hill in Middlesex, Esq
127 May 3. Humphrey Lee of Langley in Shropshire, Esq
128 5. Richard Berney of Park-hall in Redham in Norfolk, Esq
129 20. Humphrey Forster of Aldermaston in Berkshire, Esq
130 29. Thomas Bigs of Lenchwick in Worcestershire, Esq Extinct.
131 30. Henry Bellingham of Helsington in Westmoreland, Esq Extinct.
132 31. William Yelverton of Rougham in Norfolk, Esq
133 Iune 1. Iune Scudamore of Holm-Lacy in Herefordshire, Esq now an Irish Viscount.
134 2. Sir Thomas Gore of Stitnam in Yorkshire, Kt.
135 22. Iohn Packington of Alisbury in Buckinghamshire, Esq
136 28. Ralph Ashton of Lever in Lanca∣shire, Esq
137 Iuly 1. Sir Baptist Hicks of Camden in Glocestershire, Kt. now Viscount Camden in England.
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138 Iuly 3. Sir Thomas Roberts of Glassenbury in Kent, Kt.
139 8. Iohn Hanmer of Hanmer in Flint∣shire, Esq
140 8. Edward Fryer of Water-Eaton in Oxfordshire, Esq Extinct.
141 13. Edward Osborn of Keeton in Yorkshire, now Earl of Danby in England.
142 20. Henry Felton of Playford in Suf∣folk, Esq
143 20. William Challoner of Gisborow in Yorkshire, Esq
144 24. Sir Thomas Bishop of Parham in Sussex, Kt.
145 26. Sir Francis Vincent of Stoke d' A∣bernon in Surrey, Kt.
146 Feb. 27. Henry Clere of Ormsby in Nor∣folk, Esq
147 March 8. Sir Benjamin Titchborne of Titchborne in Hantshire, Kt.
148 May 5. 1621. Sir Richard Wilbraham of VVoodhey in Cheshire, Kt.
149 8. Sir Thomas Delves of Dudding∣ton in Cheshire, Kt.
150 Iune 23. Sir Lewes VVatson of Rocking∣ham-Castle in Northamptonshire Kt. since an English Baron.
151 29. Sir Thomas Palmer of VVing∣ham in Kent, Kt.
152 Iuly 3. Sir Richard Roberts of Truro in Cornwall, Kt. now Baron Truro.
153 19. Iohn Rivers of Chafford in Kent, Esq
154 Sept. 6. Thomas Darnell of Heyling in Lincolnshire, Esq
155 14. Sir Isaac Sidley of Great Chart in Kent, Kt.
156 21. Robert Brown of VValcot in Nor∣thamptonshire, Esq
157 Oct. 11. Iohn Hewit of Headley-hall in Yorkshire, Esq
158 16. Henry Iernegan of Cossey in Nor∣folk, Esq
159 Nov. 8. Sir Nicholas Hide of Albury in Hertfordshire, Kt. Extinct.
160 9. Iohn Phillips of Picton in Pem∣brokeshire, Esq
161 24. Sir Iohn Stepney of Prendergast in Pembrokeshire, Kt.
162 Dec. 5. Baldwin VVake of Clevedon in Somersetshire, Esq
163 20. VVilliam Masham of High-Laver in Essex, Esq
164 21. Iohn Colebrond of Bocham in Sus∣sex, Esq
165 Ian. 4. Sir Iohn Hotham of Scarborough in Yorkshire, Kt.
166 14. Francis Mansell of Mudlescomb in Carmarthenshire, Esq
167 18. Edward Powel of Penkelley in Herefordshire, Esq Extinct.
168 Feb. 16. Sir Iohn Gerrard or Garrard of Lamer in Hartfordshire, Kt.
169 23. Sir Richard Grosvenour of Eaton in Cheshire, Kt.
170 Mar. 11. Sir Henry Moody of Garesdon in VViltshire, Kt. Extinct.
171 17. Iohn Barker of Grimston-hall in Trimley in Suffolk, Esq
172 18. Sir VVilliam Button of Alton in Wiltshire, Kt.
173 26. 1622. Iohn Gage of Ferle in Sus∣sex, Esq
174 May 14. VVilliam Gore••••g of Burton in Sussex, Esq
175 18. Peter Courteen of Aldington in VVorcestershire, Esq Extinct.
176 23. Sir Richard Norton of Rotherfield in Hantshire, Kt.
177 30. Sir Iohn Laventhorp of Shingle∣hall in Hertfordshire, Kt.
178 Iune 3. Capell Bedell of Hamerton in Huntingtonshire, Esq Extinct.
179 13. Iohn Darell of VVestwoodhey in Berkshire, Esq
180 15. VVilliam VVilliams of Veynol in Carnarvanshire, Esq
181 18. Sir Francis Ashby of Hatfield in Middlesex, Kt.
182 Iuly 3. Sir Anthony Ashley of St. Giles-VVinborne in Dorsetshire, Kt. Ex∣tinct.
183 4. Iohn Cooper of Rochbourn in Hantshire, Esq now Earl of Shafts∣bury in England.
184 17. Edmund Prideaux of Netherton in Devonshire, Esq
185 21. Sir Thomas Haselrigg of Nousley in Leicestershire, Kt.
186 22. Sir Thomas Burton of Stockerston in Leicestershire, Kt.
187 24. Francis Foliamb of VValton in Derbyshire, Esq Extinct.
188 30. Edward Yate of Buckland in Berkshire, Esq
189 Aug. 1. George Chudleigh of Ashton in De∣vonshire, Esq
190 2. Francis Drake of Buckland in Devonshire, Esq
191 13. VVilliam Meredith of Stansly in Deubighshire, Esq
192 Oct. 22. Hugh Middleton of Ruthin in Deubighshire, Esq
193 Nov. 12. Gifford Thornhurst of Agne-Court in Kent, Esq
194 16. Percy Herbert of•• Redcastle in Montgomeryshire, Esq
195 Dec. 7. Sir Robert Fisher of Packington in VVarwickshire, Kt.
196 18. Hardolph VVastneys of Headon in Nottinghamshire, Esq
197 20. Sir Henry Skipwith of Prestwould in Lincolnshire, Kt.
198 22. Thomas Harris or Herris of Bore∣atton in Shropshire, Esq
199 23. Nicholas Tempest of Stella in the Bishoprick of Durham, Esq
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200 Feb. 16. Francis Cottington of Hanworth in Middlesex, Esq since an English Baron, and now Extinct.
201 April 12. 1623. Thomas Harris of Tong-Castle in Shropshire, Esq Extinct.
202 Iune 28. Edward Barkham of South-acre in Norfolk, Esq
203 Iuly 4. Iohn Corbet of Sprouston in Nor∣folk, Esq
204 Aug. 13. Sir Thomas Playters of Sotterley in Suffolk, Kt.

Baronets according to their Crea∣tions by King Charles the First.

205 Iuly 27. 1626. Sir Iohn Ashfield of Ne∣therhall in Suffolk, Kt.
206 Sept. 8. Henry Harpur of Calke in Derby∣shire, Esq
207 Dec. 20. Edward Seabright of Besford in Worcestershire, Esq
208 Ian. 29. Iohn Beaumont of Grace-dieu in Leicestershire, Esq Extinct.
209 Feb. 1. Sir Edward Dering of Surrenden-Dering in Kent, Kt.
210 5. George Kempe of Pentlone in Essex, Esq
211 Mar. 10. William Brereton of Hanford in Cheshire, Esq
212 12. Patricius Curwen of Workinton in Cumberland, Esq Extinct.
213 William Russel of Witley in Wor∣cestershire, Esq
214 14. Iohn Spencer of Offley in Hart∣fordshire, Esq
215 17. Sir Giles Estcourt of Newton in Wiltshire, Kt.
216 Apr. 19. 1627. Thomas Aylesbury Esq one of the Masters of Requests, Ex∣tinct.
217 21. Thomas Style of Waterinbury in Kent, Esq
218 May 4. Frederick Cornwallis of in Suffolk, Esq
219 7. Drue Drury of 〈◊〉〈◊〉 in Nor∣folk, Esq
220 8. William Skeffington of Fisherwick in Staffordshire, Esq
221 11. Sir Robert Crane of Chilton in Suf∣folk, Kt. Extinct.
222 17. Anthony Wingfield of Goodwins in Suffolk, Esq
223 17. William Culpeper of Preston-hall in Kent, Esq
224 Giles Bridges of Wilton in Here∣fordshire, Esq
225 Iohn Kirle of Much-marcle in Herefordshire, Esq
226 20. Sir Humphrey Stiles of Beckham in Kent, Kt. Extinct.
227 21. Henry Moor of Falley in Berk∣shire, Esq
228 28. Thomas Heale of Fleet in Devon∣shire, Esq
229 Iohn Carleton of Holcombe in Ox∣fordshire, Esq Extinct.
230 30. Thomas Maples of Stow in Hun∣tingtonshire, Esq Extinct.
231 May 30. 1627. Sir Iohn Isham of Lam∣port in Northamptonshire, Kt.
232 Henry Bagot of Blithfield in Staf∣fordshire, Esq
233 31. Lewes Pollard of Kings-Nimph in Devonshire, Esq
234 Iune 1. Francis Mannock of Giffords-hall in Stoke in Suffolk, Esq
235 7. Henry Griffith of Agnes-Burton in Yorkshire, Esq Extinct.
236 8. Lodowick Dyer of Staughton in Huntingtonshire, Esq
237 9. Sir Hugh Stukeley of Hinton in Hantshire, Kt.
238 26. Edward Stanley of Bickerstaff in Lancashire, Esq
239 28. Edward Littleton of Pillaton∣hall in Staffordshire, Esq
240 Iuly 7. Ambrose Brown of Betsworth-Castle in Surrey, Esq
241 8. Sackvile Crow of Llanherne in Caermarthenshire, Esq
242 11. Michael Livesey of East-church in the Isle of Sheppy in Kent, Esq Extinct.
243 17. Simon Bennet of Benhampton in Bucks, Esq
244 19. Sir Thomas Fisher of St. Giles's in the Fields in Middlesex, Kt.
245 23. Thomas Bowyer of Legthorn in Sussex, Esq
246 29. Buts Bacon of Milden-hall in Suffolk, Esq
247 Sept. 19. Iohn Corbet of Stoke in Shrop∣shire, Esq
248 Oct. 31. Sir Edward Tirrill of Thornton in Bucks, Kt.
249 Feb. 18. Basil Dixwell of Tirlingham in Kent, Esq
250 March 10. Sir Richard Toung, Kt. Ex∣tinct.
251 May 6. 1628. William Pennyman Junior of Mask in Yorkshire, Esq Ex∣tinct.
252 7. William Stonehouse of Radley in Berkshire, Esq
253 21. Sir Thomas Fowler of Islington in Middlesex, Kt.
254 Iune 9. Sir Iohn Fenwick of Fenwick in Northumberland, Kt.
255 30. Sir William Wray of Trebitch in Cornwall, Kt.
256 Iuly 1. Iohn Trelawney of Trelawney in Cornwall, Esq
257 14. Iohn Conyers of Horden in the Bi∣shoprick of Durham, Gent.
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258 Iuly 24. Iohn Bolles of Scampton in Lin∣colnshire, Esq
259 25. Thomas Aston of Aston in Cheshire, Esq
260 30. Kenelme Ienoure of Much-Dun∣more in Essex, Esq
261 Aug. 15. Sir Iohn Price of Newtown in Montgomeryshire, Kt.
262 19. Sir Richard Beaumont of Whitley in Yorkshire, Kt.
263 29. William Wiseman of Canfield-hall in Essex, Esq
264 Sept. 1. Thomas Nightingale of Newport-pond in Essex, Esq
265 2. Iohn Iaques of Esq Extinct.
266 6.Robert Dillington of in the Isle of Wight, Esq
267 12. Francis Pile of Compton in Berk∣shire, Esq
268 Iohn Pole of Shur in Devonshire, Esq
269 14. William Lewes of Langors in Brecknockshire, Esq
270 20. William Culpeper of Wakehurst in Sussex, Esq
271 Oct. 3. Peter Vanloor of Tylehurst in Berkshire, Esq Extinct.
272 9. Sir Iohn Laurence of Iver in Bucks, Kt.
273 23. Anthony Slingesby of Screvin in Yorkshire, Esq
274 24. Thomas Vavasour of Haselwood in Yorkshire, Esq
275 Nov. 24. Robert Wolseley of Wolseley in Staffordshire, Esq
276 Dec. 8. Rice Rudd of Aberghaney in Caer∣marthenshire, Esq
277 18. Richard Wiseman of Thundersley in Essex, Esq
278 19. Henry Ferrers of Skellingthorp in Lincolnshire, Esq
279 Ian. 3. Iohn Anderson of St. Ives in Hun∣tingtonshire, Esq
280 19. Sir William Russel of Chippenham in Cambridgeshire, Kt.
281 29. Richard Everard of Much-wal∣tham in Essex, Esq
282 Thomas Powell of Berkinhead in Cheshire, Esq
283 March 3. William Luckin of Waltham in Essex, Esq
284 29. 1629. Richard Graham of Eske in Cumberland, Esq
285 April 2. George Twisleton of Barly in Yorkshire, Esq
286 May 30. William Acton of the City of London, Esq
287 Iune 1. Nicholas L'Estrange of Hunstan∣ton in Norfolk, Esq
288 15. Iohn Holland of Quiddenham in Norfolk, Esq
289 24. Edward Alleyn of Hatfield in Es∣sex, Esq
290 Iuly 2. Richard Earle of Craglethorpe in Lincolnshire, Esq
291 Nov. 28. Robert Ducy of the City of Lon∣don, Alderman.
292 April 9. 1630. Sir Richard Greenvile of Kilkhampton in Cornwall, Kt.
293 Iune 22. 1631. Charles Vavasour of Kil∣lingthorp in Lincolnshire, Esq
294. Feb. 19. 1638. Sir Edward Tirril of Thornley in Bucks, Kt.
295 Iuly 20. 1640. Edward Mosely of Rowl∣stone in Staffordshire, Esq
296 Ian. 8. Martin Lumley of Bardfield in Essex, Esq
297 Feb. 15. William Dalston of Dalston in Cumberland, Esq
298 19. Henry Fletcher of Hutton in the Forest in Cumberland, Esq
299 March 4. Nicholas Cole of Brancepeth in the Bishoprick of Durham, Esq
300 April 23. 1641. Edmund Pye of Leek∣hamsted in Bucks, Esq
301 May 26. Simon Every of Egginton in Derbyshire, Esq
302 29. William Langley of Higham-Gobi∣on in Bedfordshire, Esq
303 Iune 8. William Paston of Oxnead in Norfolk, Esq now Viscount Yar∣mouth in England.
304 11. Iames Stonehouse of Amerden-hall in Essex, Esq
305 24. Iohn Palgrave of Norwood-Bar∣ningham in Norfolk, Esq
306 25. Gerard Nappier of Middle-Mer∣thall in Dorsetshire, Esq
307 28. Thomas Whitmore of Apley in Shropshire, Esq
308 29. Iohn ••••ney of Linton in Kent, Esq
309 30. Sir Thomas Cave Junior of Stanford in Northamptonshire, Kt.
310 Sir Christopher Yelverton of Easton Mauduit in Northamptonshire, Kt.
311 Iuly 3. William Boteler of Teston in Kent, Esq
312 5. Sir Thomas Hatton of Long-Stanton in Cambridgshire, Kt.
313 7. Thomas Abdy of Flex-hall in Es∣sex, Esq
314 14. Thomas Bampfield of Poltmore in Devonshire, Esq
315 Sir Iohn Cotton of Landwade in Cambridgshire, Kt.
316 15. Sir Simon D'Ewes of Stow-hall in Suffolk, Kt.
317 Henry Frederick Thinn of Cause-Castle in Shropshire, Esq
318 Iohn Burgoyne of Sutton in Bed∣fordshire, Esq
319 16. Iohn Northcote of Haine in De∣vonshire, Esq
320 17. Sir William Drake of Sherdelow in Bucks, Kt.
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321 23. Thomas Rous of Rouse-Lench in Worcestershire, Esq.
322 Ralph Hare of Stow-Bardolph in Norfolk, Esq.
323 Iuly 24. 1641. Sir Iohn Norwich of Bramp∣ton in Northamptonshire, Kt.
324 26. Iohn Brownlow of Belton near Grantham in Lincolnshire, Esq.
325 27. William Brownlow of Humby in Lincolnshire, Esq.
326 28. Iohn Sidenham of Brimpton in Somersetshire, Esq.
327 Henry Prat of Coleshall in Berk∣shire, Esq
328 Francis Nichols of Hardwick in Northamptonshire, Esq.
329 30. Sir William Strickland of Boynton in Yorkshire, Kt.
330. Aug. 4. Sir Thomas Wolriche of Dadmaston in Shropshire, Kt.
331 Thomas Mauleverer of Allerton-Mauleverer in Yorkshire, Esq.
332 William Boughton of Lawford in Warwickshire, Esq.
333 Iohn Chichester of Raleigh in De∣vonshire, Esq.
334 Norton Knatchbull of Mersham-Hatch in Kent, Esq.
335 Hugh Windham of Pilsden-Court in Dorsetshire, Esq. Extinct.
336 9. Richard Carew of Antony in Corn∣wall, Esq.
337 William Castleton of St. Edmonds∣bury in Suffolk, Esq.
338 Richard Price of Gogarthan in Cardiganshire, Esq.
339 10. Hugh Cholmondley of Whitby in Yorkshire, Esq.
340 11. William Springe of Pakenham in Suffolk, Esq.
341 Thomas Trevor of Enfield in Mid∣dlesex, Esq.
342 Sir Iohn Curson of Kedleston in Der∣byshire, a Baronet of Scotland.
343 Hugh Owen of Orrelton in Pem∣brokeshire, Esq.
344 12. Morton Briggs of Haughton in Shropshire, Esq.
345 Henry Heyman of Somerfield in Kent, Esq.
346 Thomas Sandford of Howgill-Castle in Westmoreland, Esq.
347 14. Sir Francis Rhodes of Barlbrough in Derbyshire, Kt.
348 Richard Sprignell of Coppenthorpe in Yorkshire, Esq.
349 Sir Iohn Potts of Mannington in Norfolk, Kt.
350 Aug. 14. 1641. Sir Iohn Goodrick of Ribstan in Yorkshire, Kt.
351 16. Robert Bindlosse of Borwick in Lancashire, Esq.
352 William Walter of Saresden in Ox∣fordshire, Esq.
353 Thomas Lawley of Spoonhill in Shropshire, Esq.
354 Sept. 6. William Farmer of Eston-Neston in Northamptonshire, Esq.
355 9. Iohn Davye of Creedy in Devon∣shire, Esq.
356 23. Thomas Pettus of Rackheath in Norfolk, Esq.
357 Dec. 11. William Andrews of Denton in Northamptonshire, Esq.
358 Iohn Meaux of 〈…〉〈…〉 in the Isle of Wight, Esq••
359 14. Sir Richard Gurney Kt. Lord Mayor of the City of London.
360 15. Thomas Willis of Fen-Ditton in Cambridgshire, Esq.
361 Francis Armitage of Kirklees in Yorkshire, Esq.
362 18. Richard Halford of Wistow in Leicestershire, Esq.
363 24. Sir Humphrey Tufton of the Mote near Maidstone in Kent, Kt.
364 30. Edward Coke of Langford in Der∣b••shire, Esq.
365 Ian. 21. Isaac Astley of Melton-Constable in Norfolk, Esq.
366 Sir David Cunningham of London, a Baronet of Scotland.
367 22. Sir Iohn Rayney of Wrotham in Kent, a Baronet of Scotland.
368 29. Revet Eldred of Saxham Magna in Suffolk, Esq.
369 Iohn Gell of Hopton in Derbyshire, Esq.
370 Sir Vincent Corbet of Morton-Corbet in Shropshire, Kt.
371 Feb. 4. Sir Iohn Kay of Woodsome in York∣shire, Kt.
372 5. Thomas Trollop of Casewick in Lin∣colnshire, Esq.
373 Mar. 3. Edward Thomas of Michells-Town in Glamorganshire, Esq.
374 4. Sir William Cowper of Ratling-Court in Kent, a Baronet of Scotland
375 5. Denner Strut of Little-Worley-Hall in Essex, Esq.
376 8. William St. Quintin of Harpham in Yorkshire, Esq.
377 14. Sir Robert Kempe of Gissing in Norfolk, Esq.
378 16. Iohn Read of Brocket-hall in Hartfordshire, Esq.
379 Apr. 9. 1642. Iames Enyan of Flowre in Northamptonshire, Esq.
380 19. Sir Edmond Williams of Marne∣hull in Dorsetshire, Kt.
381 22. Iohn Williams of Minster in the Isle of Thanet in Kent, Esq.
382 29. George Wintour of Huddington in Worcestershire, Esq.
383 May 4. Iohn Borlase of Bockmer in Bucks, Esq.
384 6. Henry Knollys of Grove-place in Hantshire, Esq. Extinct.
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385 11. Iohn Hamilton of the City of Lon∣don, Esq
386 12. Edward Morgan of Llanternam in Monmouthshire, Esq.
387 13. Sir Nicholas Kemeys of Keven-Mabley in Glamorganshire, Kt.
388 14. Trevor Williams of Llangibbye in Monmoutshire, Esq
389 16. Iohn Reresby of Thribergh in York∣shire, Esq
390 17. William Ingilby of Ripley in York∣shire, Esq
391 18. Poynings Moore of Loseley in Sur∣rey, Esq
392 19. Christopher Dawney of Cowick in Yorkshire, Esq
393 Iune 3. Thomas Hampson of Taplow in Bucks, Esq
394 Thomas Williamson of East-Mark∣ham in Kent, Esq
395 William Denney of Gillingham in Norfolk, Esq
396 11. Christopher Lowther of White∣haven in Cumberland, Esq
397 13. Sir Thomas Alston of Odell in Bed∣fordshire, Kt.
398 20. Edward Corbet of Leighton in Montgomeryshire, Esq
399 21. George Middleton of Leighton in Lancashire, Esq
400 28. Edward Payler of Thoralby in Yorkshire, Esq.
401 Iuly 9. Sir William Widdrington of Wid∣drington in Northumberland, Kt.
402 20. Matthew Valckenburgh of Middle-Ing in Yorkshire, Esq.
403 Philip Constable of Everingham in Yorkshire, Esq.
404 30. 1642. Ralph Blackston of Gibside in the Bishoprick of Durham, Esq.
405 Aug. 8. Sir Edw. Widdrington of Cartington in Northumberland, a Scotch Ba∣ronet.
406 15. Robert Markham of Sedgbrook in Lincolnshire, Esq.
407 Philip Hutgate of Saxton in York∣shire, Esq.
408 Stephen Lennard of West-wickham in Kent, Esq.
409 24. Sir William Thorold of Marston in Lincolnshire, Kt.
410 29. Walter Rudston of Hayton in York∣shire, Esq.
411 30. Walter Wrotesley of Wrotesley in Staffordshire, Esq.
412 Thomas Bland of Kippax-Park in Yorkshire, Esq.
413 Sept. 1. Robert Throckmorto•• of Coughton in Warwickshire, Esq.
414 10. William Halton of Samford in Es∣sex, Esq.
415 26. Brocket Spencer of Offley in Hert∣fordshire, Esq.
416 27. Edward Golding of Colston-Basset in Nottinghamshire, Esq.
417 William Smith of Crantock in Corn∣wall, Esq.
418 Octob. 1. Henry Henn of Wingfield in Berk∣shire, Esq.
419 5. Walter Blount of Sodington in Worcestershire, Esq.
420 14. Adam Littleton of Stoke-Milburge in Shropshire, Esq.
421 Nov. 2. Thomas Lidell of Ravensholme-Castle in the Bishoprick of Durham, Esq.
422 9. Richard Lawday of Exeter in De∣vonshire, Esq. Extinct.
423 Feb. 4. Thomas Chamberlaine of Wickham in Oxfordshire, Esq.
424 28. Henry Hunloke of Wingarworth in Derbyshire, Esq.
425 Thomas Badd of Cames-Oysells in Hantshire, Esq.
426 Mar. 20. Richard Crane of Wood-Rising in Norfolk, Esq. Extinct.
427 21. Samuel Danvers of Culworth in Northamptonshire, Esq.
428 Iuly 3. 1643. Henry Anderson of Penley in Hartfordshire, Esq.
429 17. William Vavasour of in Yorkshire, Esq. Extinct.
430 25. Sir Henry Iones of Abermarles in Caernarvanshire, Kt.
431 Aug. 1. 1643. Sir Edward Walgrave of He∣ver-Castle in Kent, Kt.
432 Octob. 28. Iohn Pate of Sysonby in Leice∣stershire, Esq.
433 Nov. 9. Iohn Bale of Carleton-Curley in Leicestershire, Esq.
434 13. Brian Oneal in the Kingdom of Ireland, Esq.
435 16. Willoughby Hickman of Gaynes∣borough in Lincolnshire, Esq.
436 Dec. 7. Iohn Butler of Bramfield in Hert∣fordshire, Esq.
437 Ian. 17. Edward Acton of Aldenham in Shropshire, Esq.
438 Mar. 14. Sir Fran. Hawley of Buckland in Somersetshire, Kt. now Irish Baron.
439 Apr. 1. 1644. Iohn Preston of the Mannour in Furness in Lancashire, Esq.
440 2. Iohn Webb of Odstoke in Wiltshire, Esq.
441 25. Thomas Prestwick of Holme in Lancashire, Esq.
442 May 4. Henry Williams of Guernevet in Brecknockshire, Esq.
443 20. Gervase Lucas of Fenton in Lin∣colnshire, E••q.
444 Iune 14. Robert Thorold of Hawley in Lin∣colnshire, Esq.
445 Iuly 23. Iohn Scud••more of Balingham in Herefordshire, Esq.
446 Octob. 8. Sir Henry Bard of St••nes in Mid∣dlesex, Kt.
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447 Feb. 12. Sir Richard Vivian of Trelowren in Cornwall, Kt.
448 28. VVilliam Van-Colster of Amster∣dam in Holland, Esq
449 Mar. 21. VVilliam de Boreel of Amster∣dam aforesaid, Esq
450 May 4. 1645. Edward Greaves of St. Leo∣nards-Forest in Sussex, Esq
451 9. George Carteret of Metesches in the Isle of Iersey, Esq
452 Nov. 25. Thomas Windebanke of Haynes in Wiltshire, Esq
453 Feb. 7. Benjamin Wright of Dennington in Suffolk, Esq whose Patent was Superseded.
454 March 6. Edward Charleton of Hesleyside in Northumberland.
455 Iuly 11. Richard Willis, Esq Brother to Sir Thomas Willis of Fen-Ditton in Cambridgshire.

Baronets created by King Charles the Second.

456. Sept. 1. 1649. Richard Brown of Dept∣ford in Kent, Esq created by Let∣ters Patents dated at St. Ger∣mans•• in France.
457 3. Henry de Vic of the Isle of Garnsey, Esq created by Letters Patents at St. Germans aforesaid.
458 Sept. 18. Richard Forster of Stokesley in Yorkshire, Esq by Letters Patents dated at St. Germans.
459 Sept. 2. 1650. Richard Fanshaw Esq af∣terwards Master of Requests to his Majesty.
460 April 2. 1652. William Curtius, Esq
461 Oct. 19. 1657. Sir Arthur Slingsby of 〈…〉〈…〉 in Kent.
462 〈◊〉〈◊〉 1658. Thomas Orby of 〈…〉〈…〉 in Lincolnshire, Esq
463 Thomas Bond of 〈◊〉〈◊〉 in 〈◊〉〈◊〉 Esq
464 Aug. Arthur Marigny Carpentier, Esq
465 1660. Sir Anthony de Merces, Ex∣tinct.
466 May 29. Sir Iohn Evelyn of 〈◊〉〈◊〉 in 〈◊〉〈◊〉 Kt.
467 30. Sir Gualter de Read.
468 Feb. 11. Iohn Osborn of Chicksands in Bedfordshire, Esq
469 Iune 7. Sir Orlando Bridgman of Great Leaver in Lancashire, Kt. late Lord Keeper of the Great Seal of Eng∣land.
470 Sir Ieffrey Palmer of Carleton in Northamptonshire, Kt. his Majesties Attorney General.
471 Sir Heneage Finch of Raunston in Bucks, Kt. now Lord Daventry, and Lord Chancellor of the Great Seal of England.
472 Sir Iohn Langham of Catsbrook in Northamptonshire, Kt.
473 9. Humphrey Winch of Hanmes in Bedfordshire, Esq
474 Sir Robert Abdy of Albins in Es∣sex, Kt.
475 Thomas Draper of Sunninghill-Park in Berkshire, Esq
476 11. Henry Wright of Dagenham in Essex, Esq
477 Iune 12. Ionathan Keate of the Hoo in Hartfordshire, Esq
478 Sir Hugh Speake of Hasilbury in VViltshire, Esq
479 13. Nicholas Gould of the City of London, Esq
480 Sir Thomas Adams, Kt. Alderman of London.
481 Richard Atkins of Clapham in Surrey, Esq
482 14. Thomas Allen of the City of Lon∣don, Esq
483 Henry North of Milden-hall in Suffolk, Esq
484 15. Sir William Wiseman of Rivenham in Essex, Kt.
485 18. Thomas Cullum of Hastede in Suf∣folk, Esq
486 20. Thomas Darcy of St. Cleres-hall in St. Oliths in Essex, Esq
487 George Grubham How of Cold-Bar∣wick in Wiltshire, Esq
488 21. Iohn Cutts of Childerley in Cam∣bridgshire, Esq Extinct.
489 Solomon Swale of Swale-hall in Yorkshire, Esq
490 VVilliam Humble of the City of London, Esq
491 22. Henry Stapleton of Miton in Yorkshire, Esq
492 Gervase Elwes of Stoke near Clare in Suffolk, Esq
493 Robert Cordell of Melford in Suf∣folk, Esq
494 Sir Iohn Robinson Kt. Lieutenant of the Tower of London.
495 Sir Iohn Abdy of Moores in Essex, Kt.
496 25. Sir Robert Hilliard of Patrington in Yorkshire, Kt.
497 Iacob Astley of Hill-Morton in VVarwickshire, Esq
498 Sir VVilliam Bowyer of Denham in Bucks, Kt.
499 Thomas Stanley of Alderley in Cheshire, Esq
500 26. Iohn Shuckborough of Shuck∣borough in Warwickshire, Esq
501 27. VVilliam Wray of Ashby in Lin∣colnshire, Esq
502 Nicholas Steward of Hartley Manduit in Hantshire, Esq
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503 Iune 27. 1660. George Warburton of Are∣ley in Cheshire, Esq
504 Sir Francis Holles of Winterburne St. Martin in Dorsetshire, Kt. Son and Heir to Denzill Lord Holles.
505 28. Oliver St. Iohn of Woodford in Northamptonshire, Esq
506 29. Ralph De la Vall of Seyton De la Vall in Northumberland, Esq
507 30. Andreas Henley of Henley in So∣mersetshire, Esq
508 Thomas Ellis of Wyham in Lincoln∣shire, Esq
509 Iuly 2. Iohn Covert of Slaugham in Sus∣sex, Esq
510 Peter Lear of London, Gent.
511 Maurice Berkley of Bruton, Esq
512 3. Henry Hudson of Melton-Mowbray in Leicestershire, Esq
513 Thomas Herbert of Tinterne in Monmouthshire, Esq
514 4. Thomas Middleton of Chirk in Denbighshire, Esq
515 6. Verney Noell of Kirkby in Lei∣cestershire, Esq
516 7. George Buswell of Clipston in Nor∣thamptonshire, Esq
517 10. Robert Au••ten of Bexley in Kent, Esq
518 12. Robert Hales of Bekesburne in Kent, Esq
519 13. Sir William Boothby of Bradley-Ash in Derbyshire, Kt.
520 14. Wolstan Dixey of Market-Bos∣worth in Leicestershire, Esq
521 16. Iohn Bright of Badsworth in York∣shire, Esq
522 Iohn Warner of Parham in Esq
523 17. Sir Iob Harby of Aldenham in Hartfordshire, Kt.
524 18. Samuel Morland of Southamstede-Banester in Berkshire, Esq
525 19. Sir Thomas Hewit of Pishobury in Hartfordshire, Kt.
526 Edward Honywood of Evington in Kent, Esq
527 Basil Dixwell of Bromehouse in Kent, Esq
528 22. Richard Brown of London Ald.
529 23. Henry Vernon of Hodnet in Shrop∣shire, Esq
530 Sir Iohn Awbrey of Llantrilhed in Glamorganshere, Kt.
531 William Thomas of Fowington in Essex, Esq
532 25. Thomas Sc••ater of Cambridge in Cambridgshire, Esq
533 Henry Conway of Botritham in Flintshire, Esq
534 26. Edward Green of Sonpford in Es∣sex, Esq
535 28. Iohn Stapeley of Patcham in Sus∣sex, Esq
536 30. Metcalf Robinson of Newby in Yorkshire, Esq
537 31. Marmaduke Gresham of Limps∣field in Sussex, Esq
538 Aug. 1. William Dudley of Clopton in Nor∣thamptonshire, Esq
539 2. Hugh Smithson of Stanwick in Yorkshire, Esq
540 3. Sir Roger Mostin of Mosti•• in Flint∣shire, Kt.
541 4. William Willoughby of Willoughby in Nottinghamshire, Esq
542 6. Anthony Oldfield of Spalding in Lincolnshire, Esq
543 10. Peter Leicester of Tabley in Che∣shire, Esq
544 11. Sir William Wheeler of the City of Westminster, Kt.
545 16. Iohn Newton of Barscote in Glo∣cestershire, Esq
546 Thomas Lee of Hartwell in Bucks, Esq
547 Thomas Smith of Hatherton in Cheshire, Esq
548 17. Sir Ralph Ashton of Middleton in Lancashire, Esq
549 Iohn Rous of Henham in Suffolk, Esq
550 22. Henry Massingbeard of Bratosts∣hall in Lincolnshire, Esq
551 28. Iohn Hales of Coventry in War∣wickshire, Esq
552 30. Ralph Bovey of Hill-fields in Warwickshire, Esq
553 Iohn Knightley of Offchurch in Warwickshire, Esq
554 31. Sir Iohn Drake of Ash in Devon∣shire, Kt.
555 Sept. 5. Oliver St. George of Carickerm∣rick in the County of Trim in Ire∣land, Esq
556 11. Sir Iohn Bowyer of Knipersley in Staffordshire, Kt.
557 13. Sir William Wild, Kt. Recorder of the City of London.
558 19. Ioseph Ash of Twittenham in Mid∣dlesex, Esq
559 22. Iohn How of Compton in Glocester∣shire, Esq
560 26. Iohn Swimburne of Chap-Heton in Northumberland, Esq
561 Oct. 12. Iohn Trott of Laverstoke in Hant∣shire, Esq
562 13. Humphrey Miller of Oxenheath in Kent, Esq
563 15. Sir Iohn Lewes of Ledston in York∣shire, Kt.
564 16. Iohn Beale of M••idston in Kent, Esq
565 Sir Richard Franklin of Moore-Park in Hartfordshire, Kt.
566 Nov. 8. William Russel of Langhorne in Caermarthenshire, Esq
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567 9. Thomas Boothby of Friday-hill in the Parish of Chingford in Essex, Esq
568 William Backhouse of London, Esq Extinct.
569 12. Sir Iohn Cutler of London, Kt.
570 16. Giles Mottet of Leigh in Esq
571 21. Henry Gifford of Burstall in Lei∣cestershire, Esq
572 Sir Thomas Foot of London, Kt. and Alderman.
573 22. Thomas Manwaring of Over∣pever in Cheshire, Esq
574 Thomas Benet of Baberham in Cambridgshire, Esq
575 29. Iohn Wroth of Blenden-hall in Kent, Esq
576 Dec. 3. George Wynne of Nostell in York∣shire, Esq
577 4. Heneage Featherstou of Blakes∣ware in Hartfordshire, Esq
578 Humphrey Monnox of Wotton in Bedfordshire, Esq
579 10. Iohn Peyton of Dodington in the Isle of Ely in Cambridgshire, Esq
580 11. Edmond Anderson of Broughton in Lincolnshire, Esq
581 Iohn Fagg of Wiston in Sussex, Esq
582 18. Matthew Herbert of Bromfield in Shropshire, Esq
583 19. Edward Ward of Bexley in Nor∣folk, Esq
584 22. Iohn Keyt of Ebrington in Gloce∣stershire, Esq
585 William Killegrew of Arwynick in Cornwal, Esq
586 Iohn Buck of Lamby-Grange in Lincolnshire, Esq
587 24. William Frankland of Thirkelby in Yorkshire, Esq
588 Richard Stiddolph of Norbury in Surrey, Esq
589 William Gardner of the City of London.
590 28. William Iuxon of Albourn in Sus∣sex, Esq
591 29. Iohn Legard of Ganton in York∣shire, Esq
592 31. George Marwood of Little-Busk∣by in Yorkshire, Esq
593 Iohn Iackson of Hickleton in Yorkshire, Esq
594 Ian. 2. Sir Henry Pickering of Whaddon in Cambridgshire, Kt.
595 Henry Bedingfield of Oxbrough in Norfolk, Esq
596 4. Walter Plomer of the Inner Tem∣ple, London, Esq
597 8. Herbert Springet of Broyle in Sus∣sex, Esq
598 23. William Powell aliàs Hinson of Pengethley in Herefordshire, Esq
599 25. Robert Newton of the City of London, s
600 29. Nicholas Staughton of Staughton in Surrey, Esq
601 William Rokeby of Skyers in York∣shire, Esq
602 Feb. 2. Walter Ernley of New-Sarum in Wiltshire, Esq
603 Iohn Hubaud of Ipsley in Warwick∣shire, Esq
604 7. Thomas Morgan of Llangahock in Monmouthshire, Esq
605 9. Richard Lane of Tulske in the County of Roscommon in the King∣dom of Ireland, Esq
606 15. George Wakefron of Beckford in Glocestershire, Esq
607 Benjamin Wright of Cranham-hall in Essex, Esq
608 18. Iohn Colleton of the City of Lon∣don, Esq
609 18. Sir Iames Modyford of London, Kt.
610 21. Thomas Beaumont of Stoughton∣gra••ge in Leicestershire, Esq
611 23. Edward Smith of Eshe in the Bi∣shoprick of Durham, Esq
March 4. Iohn Napier aliàs Sandy of in Bedfordshire, Esq to take place next after Sir Thomas Holt, Num-88.
612 Thomas Gifford of Castle-Iordan in the County of Meath in the Kingdom of Ireland, Esq
613 Thomas Clifton of Clifton in Lan∣cashire, Esq
614 William Wilson of Eastborne in Sussex, Esq
615 Compton Read of Burton in Berk∣shire, Esq
616 10. Sir Brian Broughton of Broughton in Staffordshire, Kt.
617 16. Robert Slingsby of Newcells in Hartfordshire, Esq
618 Iohn Crofts of Stow in Suffolk, Esq
619 Ralph Verney of Middle-Claydon in Bucks, Esq
620 18. Robert Dicer of Vphall in Hart∣fordshire, Esq
621 20. Iohn Bromfield of Southwark in Surrey, Esq
622 Thomas Rich of Sunning in Berk∣shire, Esq
623 Edward Smith of Edmundthorp in Leicestershire, Esq
624 26. 1661. Walter Long of Whaddon in Wiltshire, Esq
625 30. Iohn Fetiplace of Chilrey in Berk∣shire, Esq
626 April 8. Walter Hendley of Louchfield in Sussex, Esq
627 9. William Parsons of Langley in Bucks, Esq
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628 Iohn Cambell of Woodford in Es∣sex, Esq
629 20. William Morice of Werrington in Devonshire, Esq one of his Ma∣jesties Principal Secretaries of State.
630 Sir Charles Gawdey of Crowshall in Suffolk, Kt.
631 29. William Godolphin of Godolphin in Cornwall, Esq
632 William Caley of Brumpton in Yorkshire, Esq
633 30. 1661. Thomas Curson of Water-Perry in Oxfordshire, Esq
634 May 1. Edmund Fowel of Fowel in De∣vonshire, Esq
635 7. Iohn Cropl••y of Clerkenwell in Middlesex, Esq
636 10. William Smith of Redcliff in Bucks, Esq
637 George Cooke of Wheatley in York∣shire, Esq
638 Charles Lloyd of Garth in Mont∣gomeryshire, Esq
639 Nathaniel Powel of Ewhurst in Essex, Esq
640 15. Denney Ashburnham of Bromhall in Sussex, Esq
641 16. Hugh Smith of Long-Ashton in Somersetshire, Esq
742 18. Robert Ienkinson of Walcott in Oxfordshire, Esq
643 20. William Glynn of Bissister in Ox∣fordshire, Esq
644 21. Iohn Charnock of Holcot in Bed∣fordshire, Esq
645 Robert Brook of Newton in Suf∣folk, Esq
646 25. Thomas Nevill of Holt in Leice∣stershire, Esq
647 27. Henry Andrews of Lathbury in Bucks, Esq
648 Iuly 4. Anthony Craven of Spersholt in Berkshire, Esq
649 5. Iohn Clavering of Axwell in Dur∣ham, Esq
650 8. Thomas Derham of West-Derham in Norfolk, Esq
651 17. William Stanley of Howton in Cheshire, Esq
652 Abraham Cullen of Eastshene in Surrey, Esq
653 Iames Roushout of Milnstgreen in Essex, Esq
654 Godfrey Copley of Sprotborough in Yorkshire, Esq
655 Griffith Williams of Penrhin in Caernarvonshire, Esq
656 18. Henry Winchcumbe of Buckdebury in Berkshire, Esq
657 Clement Clarke of Lande-Abby in Leicestershire, Esq
658 Thomas Vyner of the City of Lon∣don, Esq
659 Iohn Sylyard of Delaware in Kent, Esq
660 10. Christopher Guise of Elsmore in Glocestershire, Esq
661 11. Reginald Forster of East-Green∣wich in Kent, Esq
662 11. Philip Parker of Erwarton in Esq.
663 Sir Edward Duke of Denhall in Suffolk, Esq
664 21. Charles Hussey of Caythorpe in Lincolnshire, Esq
665 Edward Barkham of Waynfleet in Lincolnshire, Esq
666 23. Thomas Norton of Coventry in Warwickshire, Esq
667 Iohn Dormer of the Grange in Bucks, Esq
668 Aug. 2. Thomas Carew of Haccombe in Devonshire, Esq
669 7. Mark Milbank of Halnaby in Yorkshire, Esq
670 16. Richard Rothwell of Ewerby and Stapleford in Lincolnshire, Esq
671 22. Iohn Bankes of London, Esq
672 30. Iohn Ingoldsby of Letherborow in Bucks, Esq
673 Sept. 3. Francis Bickley of Attilborough in Norfolk, Esq
674 5. Robert Iason of Broad-Somerford in Wiltshire, Esq
675 26. Sir Iohn Young of Culliton in De∣vonshire, Kt.
676 Oct. 4. Iohn Frederick van Freisendorf of Herdick, Lord of Kymp, Embas∣sadour to his Majesty.
677 Nov. 8. William Roberts of Willesdon in Middlesex, Esq
678 15. William Luckin of Waltham in Essex, Esq
679 28. Thomas Smith of Hill-hall in Es∣sex, Esq
680 Dec. 3. Edwyn Sadler of Temple-Donesley of Hartfordshire, Esq
681 9. Sir William Windham of Orchard-Windham in Somersetshire, Kt.
682 Ian. 24. George Southcote of Bliborough in Lincolnshire, Esq
683 George Trevillian of Nettlecombe in Somersetshire, Esq
684 Feb. 4. Francis Duncombe of Tangley in Surrey, Esq
685 7. Nicholas Bacon of Gillingham in Norfolk, Esq
686 Richard Cocks of Dumbleton in Glocestershire, Esq
687 27. Iohn Coriton of Newton in Corn∣wall, Esq
688 28. Iohn Lloyd of Woking in Surrey, Esq
689 Mar. 1. Edward More of More-hall and Bankhall in Lancashire, Esq
690 7. Thomas Proby of Elton-hall in Huntingtonshire, Esq
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691 Mar. 20. Miles Stapleton of Carleton in Yorkshire, Esq.
692 April 16. 1662. Sir Richard Braham of New-Windsor in Berkshire, Kt.
693 May 2. Sir Iohn Witerong of Stantonbury in Bucks, Kt.
694 Iune 13. Philip Matthews of Great Gobions near Rumford in Essex, Esq.
695 Iuly 1. Robert Bernard of Huntington in Hunting∣tonshire, Serjeant at Law.
696 15. Roger Lort of Stock-poole in Pembrokeshire, E••q.
697 15. Edward Gage of Hargrave in Suffolk, Esq.
698 22. Thomas Hooke of Franchford in Surrey, Esq.
699 24. Iohn Savile of Copley in Yorkshire, Esq.
700 Aug. 5. Christopher Wandesford of Kirklington in Yorkshire, Esq.
701 13. Richard Astley of Parshall in Staffordshire, Esq.
702 16. Sir Iacob Gerard of Langford in Norfolk, Kt.
703 21. Edward Fust of Hill in Glocestershire, Esq.
704 Sept. 1. Robert Long of Westminster in Middlesex, Esq.
705 13. Sir Robert Can of Compton-Greenfield in Glocestershire, Esq.
706 Octob. 24. William Middleton of Belsey-Castle in Nor∣thumberland, Esq.
707 Nov. 17. Richard Graham of Norton-Coniers in Yorkshire, Esq.
708 Thomas Tankard of Burrow-Brigg in York∣shire, Esq.
709 20. Cuthbert Heron of Chipchase in Northum∣berland, Esq.
710 29. Sir Francis Wenman of Caswell in Oxford∣shire, Kt.
711 Dec. 4. Henry Purefoy of Wadley in Berkshire, Esq.
712 9. Thomas Cobb of Adderbury in Oxfordshire, Esq.
713 12. Henry Brooks of Norton in Cheshire, Esq.
714 Dec. 22. 1662. Peter Pindar of Edinsnaw in Che∣shire, Esq.
715 Ian. 19. Sir Nicholas Slaning of Mariston in De∣vonshire, Knight of the Bath.
716 22. Sir George R••eve of Thwayte in Suffolk, Kt.
717 Mar. 18. Thomas Brograve of Hammels in Hertford∣shire, Esq.
718 Arpil 7. 1663. Sir Thomas Barnardiston of Keding∣ton in Suffolk, Kt.
719 May 11. Sir Samuel Barnardiston of Brightwell-hall in Suffolk, Kt.
720 Iune 1. Sir Iohn Daws of Putney in Middlesex, Kt.
721 Sir Iohn Holman of Banbury in Oxfordshire, Kt.
722 29. William Cooke of Bromehall in Norfolk, Esq.
723 30. Iohn Bellot of Moreton in Cheshire, Esq.
724 Iuly 1. Sir George Downing of East-Hatley in Cam∣bridgshire, Kt.
725 13. William Gawdey of West-Herting in Nor∣folk, Esq.
726 14. Sir Charles Pym of Brymmore in Somerset∣shire, Kt.
727 29. Sir William D'oyley of Shottesham in Nor∣folk, Kt.
728 Aug. 12. Sir Iohn Marsham of Curton in Kent, Kt.
729 15. Robert Burnham of Boughton-Mancalsey in Kent, Esq.
730 Dec. 15. Francis Leek of Newark in No••tingham∣shire, Esq.
731 30. Iohn St. Barbe of Broadlands in Hantshire, Esq.
732 Feb. 22. Iames Pennyman of Ormesby in Cleaveland in Yorkshire, Esq.
733 Mar. 1. Thomas Moddiford of Lincolns-Inn in Mid∣dlesex, Esq.
734 3. George Selby of Whitehouse in Durham, Esq.
735 31. 1664. Sir Edmund Forresc••e of Fallowpit in Devonshire, Kt.
736 Samuel Tuke of Cressing-Temple in Essex, Esq.
737 May 25. Iohn Tempest of Touge in Yorkshire, Esq.
738 Iune 25. Littleton Osgoldeston of Chadlington in Ox∣fordshire, Esq.
739 Iuly 1. Giles Tooker of Maddington in Wiltshire, Esq.
740 13. Stephen Anderson of Eyworth in Bedford∣shire, Esq.
741 Aug. 31. 1664. Thomas Bateman of How-hall in Norfolk, Esq.
742 Sept. 26. Thomas Lorrayne of Kirke-Hall in Nor∣thumberland, Esq.
743 27. Thomas Wentworth of Bretton in Yorkshire, Esq.
744 Nov. 2. Sir Theophilus Biddulph of Westcombe in Kent, Kt.
745 William Green of Micham in Surrey, Esq.
746 Dec. 24. William Cookes of Norgrave in Worcestershire, Esq.
747 Ian. 10. Sir Iohn Wolstonholme of London, Kt.
748 11. Sir Iohn Iacob of Bromley in Middlesex, Kt.
749 12. Iohn Yeomans of the City of Bristoll, Esq.
750 13. Iohn Pye of Hone in Derbyshire, Esq.
751 18. Thomas Taylor of the Parkhouse in Maid-stone in Kent, Esq.
752 Mar. 3. William Leman of Northaw or Northall in Hertfordshire, Esq.
753 30. 1665. Sir Robert Smith of Vpton in Essex, Kt.
754 Apr. 14. Sir Nicholas Crispe of Hammersmith in Middlesex, Kt.
755 15. Sir Iohn Shaw of Eltham in Kent, Kt.
756 May 10. Iohn Brown of Casome in Oxfordshire, Esq.
757 20. George Rawden of Moira in the County of Downe in Ireland, Esq.
758 Iune 8. Robert Iocelyn of Hyde-hall in Hertfordshire, Esq.
759 16. Robert Dackenf••eld Junior, of Duckenfield-hall in Cheshire, Esq.
760 Iuly 6. Iohn Lawson of Broughton in Yorkshire, Esq.
761 20. Philip Tyrrell of Hanslap and Castlethorpe in Bucks, Esq.
762 25. Francis Burdet of Burchet in Yorkshire, Esq.
793 26. George Moore of Maids-Morton in Bucks, Esq.
764 Sept. 9. Abel Barker of Hambleton in Rutlandshire, Esq.
765 Dec. 12. Sir William Oglander of Nunwell in the Isle of Wight, Kt.
766 Ian. 31. William Temple of Sheene in Surrey, Esq.
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767 Mar. 1. William Swan o•• South-fleet in Kent, Esq.
768 Mar. 6. 1665. Anthony Shirley of Preston in Sussex, Esq.
769 Maurice Diggs of Chilham-Castle in Kent, Esq.
770 Peter Gleane of Hardwick in Norfolk, Esq.
771 May 10. 1666. Iohn Nelthorpe of Grays-Inn in Middlesex, Esq.
772 10. Sir Robert Vyner of London, Kt.
773 Iune 13. Sir Thomas Twisden of Bradburn in Kent, Kt.
774 Iuly 4. Sir Anthony Aucher of Bishops-bourn in Kent, Kt.
775 7. Iohn Doyle of Chiselhamton in Oxfordshire, Esq.
776 12. Edward Hoby of Bisham in Berkshire, Esq.
777 21. Thomas Put of Combe in Devonshire, Esq.
778 Octob. 22. Iohn Tyrrell of Siringfield in Essex, Esq.
779 Nov. 17. Gilbert Gerard of Friskerton in Lincolnshire Esq.
780 Dec. 31. Sir Robert Y••omans of Redlands in Glocester∣shire, Kt.
781 Ian. 16. Carr Scroop of Cockerington in Lincolnshire, Esq.
782 29. Peter Fortescue of Wood in Devonshire, Esq.
783 Feb. 7. Sir Richard Bettenson of Wimbleton in Surrey, Kt.
784 Mar. 21. Algernon Peyton of Doddington in the Isle of Ely, Esq.
785 28. 1667. Roger Martin of Long-Melford in Suffolk, Esq.
786 May 7. Richard Hastings of Redlench in Somerset∣shire, Esq.
787 William Hanham of Wimborn in Dorcetshire, Esq.
788 24. Francis Top of Yarmarton in Glocestershire, Esq.
789 Aug. 28. 1668. William Langhorne of the Inner Temple London, Esq.
790 April 28. 1670. Edward Moston of Talacre in Flint∣shire, Esq.
791 May 5. Sir George Stonehouse for life, having sur∣rendred his former Patent, Dated May 7. 1628.
792 Octob. 25. Fulwar Skipwith of Newbold-hall in War∣wickshire, Esq.
793 May 19. 1671, Iohn Sabin of Eyne in Bedfordshire,
794 Iune Philip Carteret of St. Owen in the Isle of Ier∣sey, Esq.
795 28. William Chaitor of Croft-hall in Yorkshire, Esq.
796 Sept. Herbert Croft, Son to the Bishop of Here∣ford.
797 Mar. 11. Iohn Seintowbin of Clowence in Cornwall, Esq.
798 Edward Nevill of Grove in Nottinghamshire, Esq.
799 Sept. 1672. Robert Eden of West-Stukeland in Durham, Esq.
800 Nov. 28. Iohn Werden of Chester, Esq. Secretary to his Royal Highness.
801 Iune 2. 1673. Francis Warre of Hestercombe in So∣mersetshire, Esq.
802 Nov. 12. Orlando Bridgman of Ridley in Cheshire, Esq.
803 18. Francis Windham of Trent in Somersetshire, Esq.
804 Dec. 1. Arthur Harris of Stowford in Devonshire, Esq.
805 12. William Blacket of Newcastle in Northum∣berland, Esq.
806 Iohn Thomson of Haversham in Buckingham∣shire, Esq.
807 Feb. 7. Thomas Allen of Blundeston in Suffolk, Esq.
808 Iune 7. 1674. Halswell Tynte of Halswell in Somer∣setshire, Esq.
809 May 22. Robert Parker of Ratton in Sussex, Esq.
810 20. Iohn Sherard of Lopthorpe in Lincolnshire, Esq.
811 Feb. 11. Iohn Osborn of Chicksands in Buckingham∣shire, Esq.
812 Octob. 30. Walter Clargis of St. Martins in the Fields in Middlesex, Esq.
813 Nov. 12. Thomas Williams of Elham in Kent, Esq.
814 Dec. 24. Robert Filmer of East-Sutton in Kent, Esq.
815 Feb. 24. Sir Edward Nevill of Grove in Nottingham∣shire, Kt.
816 Mar. 25. 1675. Cornelius Martin Tromp of Amst••r∣dam, Esq.
817 April 23. Richard Tulpe of Amsterdam, Esq.
818 Dec. 7. Thomas Samwell of Vpton in Northampton∣shire, Esq.
819 Ian. 24. Charles Rich of the City of London, Esq.
820 Mar. 11. Benjamin Maddox of Wormley in Hertford∣shire, Esq.
821 Apr. 1. 1676. William Barker of Bokinghall in Essex, Esq.
822 Aug. 19. Richard Head o•• Rochester in Kent, Esq.
823 Dec. 18. Bennet Hoskins of Harwood in Herefordshire, Esq.
824 Feb. 8. Richard Standish of 〈◊〉〈◊〉 in Lancashire, Esq.
825 3. Alexander Robertson alias Collyear of Holland, Esq.
826 Mar. 3. Thomas Dyke of Horeham in Sussex, Esq.
827 29. 1677. Sir Robert Cotton of Cumbermere in Cestr. Kt.
828 April 7. Francis Willoughby of Wollaton in Notting∣hamshire, Esq.
829 Iuly 28. Richard Newdigate Serjeant at Law.
830 Sept. 29. Richard Cust of Stamford in Lincolnshire, Esq.
831 Octob. 8. Francis Anderton of Lostock in Lancashire, Esq.
832 18: Iames Symeon of Chilworth in Oxfordshire, Esq.
833 25. Iames Poole of Poole in Worrell in Cheshire, Esq.
834 Dec. 31. George Wharton of Kirkby-Kendal in West∣moreland, Esq.
835 Ian. 31. Hugh Ackland of Cullum-Iohn in Devon∣shire, Esq.
836 Apr. 22. Francis Edwards of Shrewsbury in Shropshire, Esq.
837 May 8. Sir Henry Oxinden of Deane in Kent, Kt.
838 18. Iames Bowyer of Leighthorne in Sussex, Esq. for life, and after to Henry Goring of Hig∣den in the said County, Esq.
839 Iune 29. Ignatius Vitus alias White of Limberick in Ireland, Esq.

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KNIGHTS OF THE BATH. CHAP. XX.

KNights of the Bath (so called from part of the Ceremony at their Creation) are commonly made at the Coronation of a King or Queen, at the Creation of a Prince, or of a Duke of the Blood Roy∣al. Thus at the Creation of Henry Prince of VVales, and Charles Duke of York, the se∣cond Son of King Iames, Knights of the Bath were made; and at the Coronation of our dread Sovereign King Charles the Second, 68 were made, whose Names you will find in the ensuing Catalogue.

This Order was first erected, saith Froysard, in Anno 1399. by King Henry the Fourth, who to add to the lustre of his Coronation, created 46 Knights of the Bath; and Mr. Sel∣den thinks them more ancient: But that great Antiquary Elias Ashmole Esq is of the Opi∣nion that the said King did not constitute, but rather restore the ancient manner of making Knights; for formerly Knights Batchelors were created by Ecclesiasticks with the like Ceremonies, and being thus brought again into use, and made peculiar to the Degree of Knights of the Bath, they have ever ••ince continued: and the better to maintain this his Opinion, saith, That they have neither Laws nor Statutes assigned them; neither are they to wear their Robes, but upon the time or so∣lemnity for which they were created (except the red Ribbon which they are allowed always to wear cross their left Shoulder;) and up∣on any vacancy their number (which is uncer∣tain) is not supplyed.

They are created with much noble Cere∣monies, and have had Princes and the prime of the Nobility of their Fellowship. The par∣ticular manner of their Creation is mentioned by many Authors, but most exactly described, and illustrated with Figures of all the Ceremonies, by the learned Hand of VVil∣liam Dugdale Esq Norroy King at Arms, in his Description of VVarwickshire, to which laborious Peece I refer the curious Reader, borrowing from him, and some others, this small abstract of their Ceremonies.

When one is to be made a Knight of this Order, at his coming to Court he is honoura∣bly received by the Chief Officers and Nobles of the Court, and hath two Esquires appoint∣ed to wait upon him, who convey him to the Chamber without more seeing him that day, where he is to be entertained with Musick; then a Bath is to be prepared by the Barber, who is to trim him; and the

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King being informed that he is ready for the Bath, he is by the most grave Knights there present instructed in the Orders and Fees of Chivalry, the Musick playing to his Cham∣ber door; then they hearing the Musick shall undress him, and put him naked into the Bath, and the Musick ceasing, some one of the Knights shall say, Be this an honourable Bath unto you: then shall he be conveyed to his Bed, which shall be plain and without Cur∣tains; and so soon as he is dry, they shall help to dress him, putting over his inward Gar∣ment a Rus••et Robe with long sleeves, and a Hood like unto that of an Hermit; and the Barber shall take all that is within and without the Bath, with his Collar about his Neck, for his Fees: then shall he be conducted to the Chappel with Musick, where being entred, the Knights and Esquires shall be entertained with Wine and Spices for their favours done unto him; then they take their leaves of him, and he and his two Esquires and a Priest per∣forms a Vigil till almost day, with Prayers and Offerings, beseeching God, and his blessed Mo∣ther to make him worthy of that Dignity; and being confessed, he shall, with one of the Governours, hold a Taper till the reading of the Gospel; and then he shall give it to one of the Esquires to hold till the Gospel is ended; and at the elevation of the Host, one of the Governours shall take the Hood from the Es∣squire, and after deliver it again till the Gospel in principio, and at the beginning take the Hood again, and give him the Taper again in his hand, having a penny ready near the Can∣dlestick, at the words Verbum caro factum est, the Esquire kneeling, shall offer the Taper to the Honour of God, and a penny to the Ho∣nour of the person that makes him a Knight: This Ceremony being ended, he shall be con∣ducted to his Chamber for some repose until the King's pleasure is known; and then he is dressed and attended into the Hall, which is ready for his Reception, being girded with a Girdle of white Leather without Buckles, ha∣ving a Coif on his Head, Mantles of Silk over a Kirtle of red Tartarin, tied with a lace of white silk, with a pair of white Gloves hang∣ing at the ends of the Lace; and this Attire is the Chandlers Fees: Then he is conducted by the Knights on Horsback to the King's Hall, with his Sword and his Spurs hanging at the Pomel of the Sword, being carried before him; and the Marshal and Ushers meeting him, do desire him to alight; the Marshal shall take his Horse for his Fee: and being brought to the high and second Table, with his Sword being held upright before him, the King coming in∣to the Hall doth ask for the Sword and Spurs, which the Chamberlain shall take and shew the King, who takes the right Spur and deli∣vers it to the most Noble Person there, wishing him to put it on the Esquire, which being done, a Knight puts on the left Spur; then the King taking the Sword, which he girts about him, and putting his Arms about his Neck, saith, Be thou a good Knight, and after kisseth him; then he is conducted to the Chappel, and kneeling with his right hand lying on the high Altar, he promiseth to maintain the Rites of Holy Church until his death; and ungirting his Sword with great Devotion he offereth it there to God; then at his going out the King's Ma∣ster Cook, who is there ready to take off his Spurs, shall say, I the King's Master Cook am come to receive thy Spurs for my fee, and if you do any thing contrary to the order of Knight∣hood (which God forbid) I shall back your Spurs from your heels. Then he is conducted again into the Hall, where he shall sit at Table with the Knights; and being risen and retired into his Chamber, his Attire is taken off, and again clothed with a blew Robe, having on his left Shoulder a Lace of white Silk hanging, to be worn upon all his Garments from that day for∣wards, till he have gained some Honour and Renown for some Feats of Arms, or some Prince or Lady of Quality cut that Lace from his Shoulder. After Dinner the Knights must come to the Knight, and conduct him into the King's presence, to return him thanks for these Honours, and so takes his leave of the King; and the Governours craving his pardon for any miscarriage, and claiming their Fees according to the Custom of the Court, also take their leaves of the Knight. I shall conclude this Chapter with giving an Account of the Knights made at the Coronation of his Majesty.

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Knights of the Bath made at the Coronation of his Majesty King CHARLES the Second.

EDward Lord Clinton, now Earl of Lin∣coln.
Iohn Egerton Viscount Brackley, eldest Son to the Earl of Bridgwater.
Sir Philip Herbert, then second Son to the Earl of Pembroke.
Sir William Egerton, second Son to the Earl of Bridgwater.
Sir Vere Fane, second Son to the Earl of West∣moreland.
Sir Charles Berkley, eldest Son to George Lord Berkley.
Sir Henry Bellasis, eldest Son to the Lord Bel∣lasis.
Sir Henry Hyde, now Earl of Clarendon.
Sir Rowland Bellasis, Brother to Viscount Faulconberg.
Sir Henry Capell.
Sir Iohn Vaughan, now eldest Son to the Earl of Carbery.
Sir Charles Stanley, Grandchild to the late Earl of Derby.
Sir Francis Fane Sir Henry Fane Grandchildren to the Earl of Westmoreland.
Sir William Portman Baronet.
Sir Richard Temple Baronet.
Sir William Ducy Baronet.
Sir Thomas Trevor Baronet.
Sir Iohn Scudamore Baronet.
Sir William Gardiner Baronet.
Sir Charles Cornwallis, afterwards Lord Corn∣wallis.
Sir Iohn Nicholas.
Sir Iohn Monson.
Sir Bourcher VVray.
Sir Iohn Coventry.
Sir Edward Hungerford.
Sir Iohn Knevett.
Sir Philip Boteler.
Sir Adrian Scroop.
Sir Richard Knightley.
Sir Henry Heron.
Sir Iohn Lewkenor.
Sir George Brown.
Sir William Tyrringhum.
Sir Francis Godolphin.
Sir Edward Baynton.
Sir Greville Verney.
Sir Edward Harley.
Sir Edward VValpool.
Sir Francis Popham.
Sir Edward VVise.
Sir Christopher Calthrop.
Sir Richard Edgcombe.
Sir William Bromley.
Sir Thomas Bridges.
Sir Thomas Fanshaw.
Sir Iohn Denham.
Sir Nicholas Bacon.
Sir Iames Altham.
Sir Thomas VVendy.
Sir Iohn Bramston.
Sir George Freeman.
Sir Nicholas Slaning.
Sir Richard Ingoldsby.
Sir Iohn Rolle.
Sir Edward Heath.
Sir William Morley.
Sir Iohn Bennet.
Sir Hugh Smith.
Sir Simon Leech.
Sir Henry Chester.
Sir Robert Atkyns, now one of the Justices of the Common Pleas.
Sir Robert Gayre.
Sir Richard Powle.
Sir Hugh Ducy.
Sir Stephen Hales.
Sir Ralph Bash.
Sir Thomas VVhitmore.

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And it was anciently ordained, That all Knights Fees should come unto the eldest Son by succession of Heritage, whereby he suc∣ceeding his Ancestor in the whole Inheritance, might be the better able to maintain War a∣gainst the King's Enemies, or his Lords; and that the Soccage of Freehold be partable be∣tween the Male Children, to enable them to encrease into many Families for the better en∣crease of Husbandry.

But as nothing is more unconstant than the Estates we have in Lands and Livings, even so long since these Tenures have been so indiffe∣rently mixt and confounded in the hands of each sort, that there is not now any note of difference to be gathered by them. Lambert Peramb. of Kent, 10. Et quia tale serviti∣um forinsecum non semper manet sub eadem quantitate, sed quandoque praestatur ad plus, quandoque ad minus; ideo eo quantitate Re∣galis servitii, & qualitate fiat mentio in charta, ut tenens certum tenere possit, quid & quantum persolvere teneatur.

And therefore the certainty of the Law in this case is, That he that holdeth by a whole and entire Knight's Fee must serve the King, or his other Lord, forty days in the Wars well and sufficiently arrayed and fur∣nished at all points: and by twenty days if he hold by a moiety of a Knights Fee; and so proportionable.

And in the Seventh of Edw. 3. 246. it was demurred in Judgment, Whether Forty days shall be accounted from the first day that the King did first enter into Scotland; but it seem∣eth that the days shall be accompted from the first day that the King doth enter into Scot∣land, because the Service is to be done out of the Realm.

And they that hold per Regale servitium, are not to perform that Service, unless the King do also go himself into the Wars in pro∣per Person, by the Opinion of Sir VVilliam Earle Chief Justice of the Common Pleas, Irium Sept. Edw. 3. 246. but vide 3 Hen. 6. tit. Protection 2. in which Case it was obser∣ved, That seeing the Protector (who was Prorex) went, the same was adjudged a Voyage Royal.

Also before the Statute de quia emptores terrarum, which was made decimo octavo Edw. 1. the King or other Lord had given Lands to a Knight to hold of him by Service and Chivalry (scil.) to go with the King, or with his Lord, when the King doth make a Voyage Royal to subdue his Enemies, by For∣ty days well and conveniently arrayed for the War. In this Case the Law hath such regard to the Dignity of Knighthood, that he may find an able person to go for him, and the Knight is not compelled by his Tenure to go in person as ordinary Souldiers, who are hired or retained by Prest-money or Wages.

There hath been many and varying Opini∣ons of the contraries of a Knight's Fee, as you may read in Coke's ninth Part 122. and there it is proved, that Antiquity hath thought that Twenty pounds in Land was sufficient to main∣tain the Degree of Knighthood; as it doth ap∣pear in the ancient Treatise De modo tenendi Parliamentum tempore Regis Edwardi, filii Regis Ethelred; which also doth concur with the Act of Parliament Anno primo Edw. 2. de militibus: by which Act of Parliament Cen∣sus militis, the Estate of a Knight was mea∣sured by the value of Twenty pound Lands per Annum, and not by any certain content of Acres. And with this doth agree the Statute of VVestminster, cap. 35. & Fitz. Nat. Brev. 82. where Twenty pounds Land per Annum in Soc∣cage is put in equipage with a Knight's Fee. And this is the most reasonable estimation; for one Acre may be more worth in value than many others.

And it is to be observed, That the relief of a Knight, and of all Superiors that be Noble, is the fourth part of their Revenue by the year; as of a Knight five pounds, and so of the rest.

And because this Tenure doth concern Ser∣vice in War, the Tenants are therefore called Milites Militia: for though the word doth properly signifie a Souldier, yet antiquity hath appropriated that name to the chiefest of Mi∣litary Profession. In our Law they are styled Milites, and never Equites; yet so, that Mi∣les is taken for the self same that Chivalry is. Bracton fol. 79. maketh mention of Rode Knights, that is to say, serving Horsmen, who held their Lands with condition that they should serve their Lords on Horsback. And so by cutting off a peece of a Name (as our de∣light is to speak short) this name Knight re∣maineth

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with us; for Armiger, scil. the Es∣quire, which is a Degree under the Knight, was in the Military Service to serve on foot.

Note, He that holdeth by a whole Knight's Fee, must be with the King Forty days well and compleatly arrayed for the War, which is to be understood to serve on Horseback. And in all Nations the name of this Dignity is ta∣ken of Horses; for the Italians call them Ca∣velieri; the Frenchmen Chivaleris; the Ger∣mans, Regters; our Britains, Murgeghe, all riding; and in Latin we call them Equites au∣rati; for at their Creations, besides the Sword and Girdle, gilt Spurs were added for more Ornament. And when a Knight doth com∣mit any offence for which he is by the Law to suffer death, the use hath been in the begin∣ing of his punishment to degrade and deprive him publickly of his Honour of Knighthood (for it is but with life leas'd, or taken away, Mills 81.) by ungirding his Military Girdle, by taking away his Sword, and broken, his Spurs cut off with an Hatchet, his Gauntlets pluck't from him, and the Escocheons of his Arms reversed.

And in the Statute made 24 Hen. 8. chap. 13. entituled an Act for Reformation of Apparel, It was permitted for Knights to wear a Collar of Gold, named the Collar of SS.

And although this Dignity of Knighthood had its original, and was given to men of War and Prowess; yet in all Successions of Ages, and in all Nations, the same also is bestowed upon men of Peace by the Sovereign Power to deserving persons, whereby the Service of the Commonwealth at home is made equal with that abroad: For as Tully saith truly, Parvi sunt arma foris, nisi est consilium domi. But Experience, the faithfullest Counsellor and best Mistress, hath made it manifest both in this modern Age, as well as in that of Tullie's, that the Camp hath bred more eminent States∣men, and happily as good Politicians, as the long Robe: Perhaps for this Reason, one aims chiefly at Glory and Honour, which easily at∣tracts admirers and favourers; the other at Riches and indirect Negotiations, which be∣gets Envy and private Enemies.

He that receiveth the Dignity of a Knight kneeleth down, and then the King slightly smiteth him upon his Shoulder, and saith unto him these words in French, Sois Chivaler au nome de Dieu; and afterwards saith moreo∣ver, Avance Chivaler: See the Book of Ti∣tles of Honour due to the Earl-Marshal for the making of Knights, 176. For a Knight is not made by Letters Patents, or by the King's Writ, as those of higher Dignity, but by the Sword; for this Honour is supposed to be gi∣ven on the sudden, and therefore is common∣ly done by the Sword, although the King may by his Letters Patents create a Knight.

Earls in ancient times had a power of Knighting; but now neither may the Prince, or any other of the Nobility, make a Knight, but only the King, or Lieutenant General by his Commission. No man is born a Knight, as he may be to Titles of Honour by Patent; but a Knight may be made assoon as a Child is baptized, except Knight Bannerets. Note the printed Book of Titles of Honour, fol. 218, 313. the first Knight. With us in England there are divers sorts of Knights, whereof Cambden 171. and Mills do write at large: But amongst the Romans there was but one Order of them, and they were next in Degree unto the Senators. And they who simply, with∣out any Addition, be called Knights, howsoe∣ver they are in order ranked last, yet by insti∣tution they are first, and of greatest Antiquity; and the other Orders are but late Attributes, ac∣cording to the several inventions of particular Princes. And I do not remember that in our Books of Law I have read any thing concern∣ing the Order of Knights with Addition, viz. Knights of the Honourable Order of the Gar∣ter, Knights Bannerets, and Knights of the Bath. But in the Statute 12 Hen. 8. cap. 13. it is enacted, That every Knight of the Gar∣ter may have three Chaplains, whereof every one may purchase licence or dispensation, and receive, have, and keep two Benefices with cure of Souls: but they of this Order which I now treat of, are called Knights of the Spur, or Knights Batchelors.

Between Doctors of the Civil Law and Knights hath ever been question for prece∣dency, since either of them hath been in cre∣dit in the Common-wealth: as may appear both by the Comparison that Tully maketh be∣tween Lucius Murena, a Knight of Rome, and Publius Sulpitius a Lawyer, either of them standing for Consulship, in his Eloquent Ora∣tion made for Murena; and many Disputes of Bardal and Bardus, arguing the Case Pro and Con: which though it be disputable in Fo∣reign Parts; yet here in England it is without Controversie, and the precedency thereof is undoubtedly the Knights. But if they be both of equal degree of Knighthood, then it goeth by Seniority. The Opinion of some men late∣ly hath been, That Knights Lieutenants (that is to say) such Knights as either have been Ambassadors in Foreign Parts, or Judges with∣in the Realm, may and ought to have, during their lives, precedency above men of their own rank after their Offices expire; and sub Iudice his est, not determined by Judgment. But admitting it so to be, by way of Argument in that case; yet the Heralds do deny that pri∣viledge to the Lord Mayor and Aldermen of London, or Justices of the Peace, who have their limited Jurisdiction of Magistracy confined them: but the former are generally Magistrates throughout the Realm, and their employment concerneth the whole Commonwealth; and having the publick Justice and Honour of the whole Estate committed unto them, do more

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meritoriously draw from thence a great re∣spect of Honour, according to the generality of their Administration and Employments, which an inferiour and more con••••ned Magi∣strate cannot have.

The name of a Knight is a name of Digni∣ty, and a Degree, as is the name of Duke, Earl, &c. and in all Actions he shall be slyled Knight; otherwise the Writ shall abate.

A Knight also must be named by both his Chri••tian and Surnames, as Sir A. B. Knight. But those Degrees honourable that are made by Patent, may be named only by their Chri∣stian Names, and by their Title of Honour, as Gilbert Earl of Shrewsbury: and that for two causes; First, because of their solemn Creati∣ons (& nomen dicitur à noscendo;) Secondly, there is but one part of that Title of Honour within England, and therefore it is certain what person he is; but otherwise of Knights, as it is certainly known in the 8 Edw. 4.24. a. And Prisot, Chief Justice, saith, in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight, he loseth his Name of Esquire; but though a Knight be made a Nobleman, or of any higher Degree, he doth still retain the name of Knight, and so ought to be styled in all Writs.

Also if a man do recover in an Action by the Name of Iohn Stiles, Esq and afterwards be made a Knight, he must sue his Scire Facias by the Name of Knight.

And this name shall not die with him; for if they were bound in an Obligation by the Name of Gentlemen or Esquires, and after∣wards one is made a Knight, and dieth, the Plaintiff in the Action to be brought against his Executors, must name him Knight, other∣wise the Writ shall abate.

If a Grant be made to H. D Knight, when he is not a Knight, it is a void Grant: but if it be a Feoffment with Livery, the Livery maketh it good. If the Plaintiff or Deman∣dant do in his Writ name the Defendant or Tenant Esquire when he is a Knight, the Writ shall not only abate, but also the Plaintiff may not have another Writ by Iourneys ac∣compt.

But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted, That al∣beit any person or persons, being Justices of Assize, Justices of Goal-delivery, or Justices of the Peace within any of the King's Domi∣nions, or by any other of the King's Com∣missions whatsoever, shall have the fortune to be made or created Duke, Archbishop, Mar∣quess, Earl, Viscount, Bishop, Baron, Knight, Justice of the one Bench, or of the other, Ser∣jeant at Law, or Sheriff, yet that notwith∣standing he and they shall remain Justices and Commissioners, and have full power and au∣thority to execute the same in like manner and form as he or they might or ought to have done before the same. By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth, That every Writ, Original of Actions per∣sonal, Appeals, and Indictments, and in which an Exigit shall be awarded to the names of the Defendants, in such Writs, O∣ginal, Appeals, and Indictments shall be made the Additions of their Estate, Degrees, &c. And a little after it is provided, That if the said Writs of Actions Personal be not accord∣ding to the Record and Deed, by the Surplu∣sage of the Additions aforesaid, that for this cause they are not.

Iohn S••iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight, the Bond is forfeited; W. B. by his Attorney draweth a Note or Title for an Ori∣ginal, according to the Defendants Degree, although it varies from the Original Specialty, as it ought to be made by the Statute: But the Cursitor mistaking, did make the Original on∣ly according to such Addition as was specified in the Obligation, omitting his Degree or Dignity, and the Entry of the Capias alias & pluris was according to the said Original; But in the Exigit and Proclamation, and En∣try of it, the Defendant was named according to his Degree of Dignity: upon a Writ of Er∣ror after a Judgment, doubt was, If this might be amended in another Court than where the Original was mâde; and at the last it was resolved by all the Court, That the Re∣cord should be amended by the Cursitor, and made according to the Note and Title deliver∣ed unto him by the Attorney.

It appeareth in our Books of Law, that the highest and lowest Dignities are universal; for as if a King of a Foreign Nation come into England by his Majestie's leave (as it ought to be) in this case he shall sue and be sued by the Name of a King; So shall a Knight sue or he sued by the name of a Knight, wheresoever he received that Degree of Honour: But o∣therwise it is as if a Duke, Marquess, Earl, or other Title of Honour given by any Foreign King or Emperor, yea, although the King by his Letters Patents of safe Conduct do name him Duke, or by what other Foreign Title of Dignity he hath; For Experience teacheth that Kings joyned in League together by a certain mutual (and as it were a natural) power of Monarchs (according to the Law of Nations) have admitted one anothers Ser∣vants, Subjects, and Ambassadors graced with the Title of Knighthood. Therefore though a Knight receive his Dignity of a Foreign Prince, he is so to be stiled in all Legal Pro∣ceedings within England. And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands, thinking that it was more honourable to take Arms of some other, le••t affection might seem to prevent Judgment, when the Father gave them that Honour. Thus our King Henry the Second sent unto David King of Scots, and

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Malcombe King of Scots unto our Henry the Second, and our Edward the First unto the King of Castile, to take of them Military Arms: For these terms and phrases they used in that Age for the Creation of a Knight.

And Knights in all Foreign Countries have e∣ver place and precedency according to their Se∣niority of being Knighted, which priviledge is denied to Noblemen; for be they never so ancient, in Foreign Countries they shall go be∣low, as Puisnes. The Degree of Knighthood is not only a Dignity and Honour to the party, (for so it is termed in Brook's Title Additions 44.) but an Honour to the Kingdom: And therefore it hath been an ancient Prerogative of the Kings of this Realm, at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine. But we see by Experience in these days, that none are compelled thereunto, and that is the reason, wherefore, if the Plaintiff be Knighted having the Writ, it shall abate, because he hath chang∣ed his name, and that by his own Act.

And for that cause also, by the Common Law, not only the King, but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight: And all Lands are subject to these Aids, except only ancient Demesne, and grand and petty Serjeanty-Tenures, as the Law hath ••een anciently delivered: And in Io. Shelden 131. where also it is said, one that wrote a lit∣tle after the Statute of Westminster the first, al∣lows as a good barr to the Avowry, for the Tenant to plead that the Father himself is no Knight; so that one not Knighted cannot claim this Ayd of his Tenants, Bri••an. cap. de prices de avers.

And it was at the liberty of the Lord to make more or less of his Tenants by the Com∣mon Law in this Case; but by the Statute of Westminster the first, Chap. 35. it is put in con∣trary, viz. forasmuch as before this time rea∣sonable Aid to make ones Son Knight, or to marry his Daughter was never put in certain, nor how much should be taken, nor at what time, whereby some levied unreasonable Aid, and more often than seemed necessary, where∣by the people were sore grieved: It is provided that from henceforth, of a whole Knight's Fee, there be taken but Twenty shillings; and of Twenty pounds in Land holden in Soccage, Twenty shillings; and of more, more; and of less, less; after that rate. And that none shall levy such Aid to make his Son a Knight, until his Son be of fifteen years old; nor to marry his Daughter until she be of the Age of seven years: And of that there shall be mention made in the King's Writs formed on the same, when any will demand it.

And if it happen that the Father, after he hath levied such Aid of his Tenants, die before he hath married his Daughter, the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid. And if the Father's Goods be not sufficient, his Heir shall be charged therewith unto the Daugher. And this Aid is so incident, that al∣though the Lord do confirm unto the Tenant to hold by Fealty and certain Rent, and re∣lease unto him all other Services and Demands; yet shall he have the Aid to make his eldest Son a Knight. But the King was not bound by the Statute aforementioned, because the King was not named in the Statute: Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value.

The intention of the Law is, That an Heir until the Age of One and twenty years, is not able to do Knights Service. But such a presumption of Law doth give place to a Judgment of proof to the contrary, as Bra∣cton saith, S••abitur presumptioni, donec probe∣tur in contrarium. And therefore when the King, who is the Sovereign Judge of all Chivalry, hath dubbed him a Knight, he by this hath adjudged him able to do him Knight's Service, and all men are concluded to say the contrary to it: And therefore such an Heir be∣ing made a Knight, either in the life time of his Father, or afterwards during his minority, shall be out of Ward and Custody both for his Land, and Body, and marriage by the Award of the ancient Common Law. By reason also that the Honour of Knighthood is so great, that it is not to be holden under by any; yet if the King do create such an Heir within Age a Duke, Marquess, Earl, Viscount, or ••a∣ron, by this he shall not be out of Ward and Custody both for his Land and Body. And therefore it is propounded by the Statute of Magna Charta, chap. 3. Ita tamen quod si ip∣se, dum infra aetatem fuerit, fiat miles, nihil∣ominus terra remaneat in Custodia Domino∣rum suorum. So that although such an Heir within Age be made Knight, and thereby to this purpose is esteemed as of full Age; yet the Land shall remain in Custody of the Lord, till his Age of One and twenty years by the purview of the said Act.

Question: If the Son and Heir of the Te∣nant of the King by Knights Service, &c. be made Knight in Paris by the French King, whether he shall be out of Wardship after the death of his Father, or no? for thereby he is a Knight in England: Coke's seventh part, b. 2 Edw. 4. fol. tamen vide in Coke's sixth part, 74. b. mention is only made of Knights made by the King himself, or by his Lieute∣nant in Ireland. But when the King doth make an Heir apparent within Age of a Te∣nant by Knights Service a Knight in the life of his Ancestor; and after the death of his An∣cestor the said Heir being within Age, shall in this Case be out of Ward, and shall pay no va∣lue for his marriage, neither shall the Lord have the Custody of the Land; for in that Case, by the making of him Knight in the life of

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his Ancestor, he is made of full Age; so that when his Ancestor dieth, no interest, either in the Body, or in the Land, shall invest in the Lord; but the Knight may tender his Li∣very as if he were of full Age: And in that case the King shall have primier Seisin, as if he had been One and twenty years of Age at the time of the death of his Ancestor, and not otherwise. For the Statute of Magna Char∣ta doth not extend unto it; for the purview of it doth extend only when the Heir in Ward (infra aetatem) is made Knight, then rema∣net terra in Custodia, &c.

But when the Heir is made Knight in the life of his Ancestor, then the Custody cannot remain, which never had any inception or es∣sence.

Also when the Heir, after the death of his Ancestor, within Age is made Knight, if af∣ter tender made to him he within Age do mar∣ry elsewhere, yet he shall not pay the forfei∣ture of his marriage; for by the making him Knight he is out of Ward and Custody of his Lord, for then he ought to be sui Iuris, and may imploy himself in feats of Arms for de∣fence of the Realm, &c. and therefore may not be within the Custody of another; and none shall pay any forfeiture, but when after any refusal he doth marry himself, during the time when he is under the custody and keeping of his Lord: And this doth appear by the Statute of Merton, chap. 6. Si se mariturierit sine licentia Domini sui, & ei conferet marita∣gium suum, &c. which words cannot be un∣derstood when he is out of Ward and Custody, no more than when he is married after the Age of One and twenty years. Note hereby, that the King may prevent his Grantee, or other Lords, of the double value by Knighthood: Yet in such case, presently after the Heir is made a Knight after the death of his Ancestor, the Lord may have a Writ de valore maritagii for the single.

Also by the ancient Common Law of this Realm, if a Villain be made a Knight, he is immediately infranchised: And if a Ribald, or a man of base birth and condition had struck a Knight, by the ancient Law he should have lost his hand wherewith he offended.

But in France it was anciently adjudged, that when the Lord of a Villain had Knighted his Villain, being a Gentleman he became free, and had his Honour law••ully; but if another Lord had Knighted him, nothing had been wrought by it, for none could manumit him but his Lord; and till Manumission or Knight∣hood he had civil freedom for his ground, but was not capable of it, except by the King on∣ly.

It was enacted by Parliament in the sixth year of the Reign of King Iohn, in haec ver∣ba, Rex Vicecom. &c. Sciatis quod consensum est cum assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum An∣gliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis & armis ad defensionem Regni no∣stri.

There hath ever been, and still is, great use of the Services of Knights even in Civil Affairs, and concerning matters of Justice: as in a Writ of Right, which is the highest Writ in Law for trial of Titles touching the Inhe∣ritance of Lands; the Tenant is at his Electi∣on to have his Trial by great Assize, or else by Battel; if by the great Assize, the Writ De magna Assiza eligenda shall be thus, viz.

Rex Vicecomiti salutem, &c. Summone as per bonos summonitores quatuor legales Mi∣lites de Comitatu tuo, quod sint coram Iusti∣ciariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sa∣cramentum suum, 12 de militibus de visum de N. qui melius sciant & velint dicere veri∣tatem adfaciendam recognitionem magnae assu∣rae inter A. petent. & B. tenent. de uno messu∣agio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram & petit recognitionem fieri utrum eorum ha∣bent jus in messuagium praed. B. qui tunc sit ibi auditurus illam electionem, & habeas ibi nomina praed. milit. ad hoc breve, &c. And upon the Return of this Writ, those four Knights must appear gladiis cuncti, Dier 79. fol. 103.

If the Tenant make his Election by Battel, each parties are to choose their Champions, and the Court shall award the Battel, and the Champions shall be at Mainprize, and sworn to perform the Battel at a certain day in the Term; and idem dies shall be given to the parties, at which day and place a List shall be made in an even and plain Ground there qua∣drant, that is to say, every way sixty foot square; and the Place or Court for the Justices of the Common Pleas without, and upon the Lists furnished with the same Clothes which be∣long to their Court at Westminster, and a Barr shall be there made for the Serjeants at Law; and the Robes of the Justices and Serjeants shall be of Scarlet, with their Coifs on, as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes: And the Demandant first was solemnly demanded, and did not appear; whereupon the Manu∣perors of the Champion were demanded to bring forth the Champion of the Demandant, who came into the place apparelled with red Sandals upon his black Armour, bare legged from the Knee downwards, and bare headed, and bare Arms to the Elbows, being brought in by a Knight, namely Sir Ierom Bowes, who carried a red Battoon of an ell long, tipped with horn, and a Yeoman carrying the Tar∣get made of double Leather; and they were brought in at the North side of the Lists, and went about the sides of the Lists until they came to the midst of the Lists, and then came

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towards the Barr, before the Justices, with three solemn Congies; and there was he made to stand on the South side of the place, being the right side of the Court: And after that the other Champion was brought in in like man∣ner, at the South side of the Lists, with like Congies, by the hands of Sir Henry Chequie Kt. &c. and was placed on the North side of the Barr, and two Serjeants, being of the Counsel of each part, in the midst between them. This done, the Demandant was so∣lemnly called again, and appeared not, but made default. Bowham, Serjeant for the Tenant, prayed the Court to record the Nonsuit, quod factum fuit. And then Dyer Chief Justice, reciting the Writ and Content, and Issue joyned upon the Battel, and the o∣ther of the Champions to perform it, and the prefiction of this day and place, did give final Judgment against the Demandant, and that the Tenant should have the Land to him, and to his Heirs for ever; and the Demandant and his Pledges de prosequendo in misericordia Reginae: And afterwards solemn Proclamation was made that the Champions, and all others there present (which were by estimation a∣bove Four thousand persons) might depart e∣very man in the peace of God and the Queen, & sic fecerunt cum magno clamore, vivat Re∣gina.

Also if false Judgment be given in the Country, which is the Sheriffs Court, then the Writ shall be thus; Henricus, &c. Vice∣comiti Lincoln. salutem; Si A. fecerit, &c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem, & Will. B. tenentem de uno messuagio & cen∣tum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fu∣isse Iudicium in eodem, & Record. illud ha∣beas coram Iusticiariis Iuris apud Westmin∣sterium tali die sub sigillo tuo, & per qua∣tuor legales Milites ejusdem comitatus, & illos qui Recordo illi interfuerunt, & sum∣moneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum il∣lud, & habeas ibi sua nomina quatuor mili∣tum & hoc breve. Fitz. Nat. Brev. itidem E. And those four must be Knights indeed. Al∣so the Justices upon consideration of the usual words in every Writ of Venire Facias, Coram &c. Duodecim tum Milites quam alios liberos & legales homines, &c. say that these words [tum Milites] were not at the first put into the Writ without effect, Plowden 117. b. For it seemeth that in diebus illis, some Knights were returned upon every Venire Facias.

By the Statute of Magna Charta, cap. 12. It is ordained that Assizes of Novel Disseison and Mortdancester should not be taken any where, but within the Countries where they happen, by the Justices of Assize, and the Knights of the Shire; vide Westminster 2. chap. 30. And by the Seven and twentieth of Edward the First, chap. 30. de finibus levan∣dis, amongst other things it is enacted, That for the utility of the Realm, and the more as∣sured conservation of the Peace, the Justices as∣signed to take Assizes in all Shires, where they take Assizes as it is ordained, immediately af∣ter the Assizes taken in the Shires shall remain both together if they be Lay; and if one of them be a Clerk, then one of the most discreet Knights of the Shire being associated unto him that is a Lay-man, by our Writ shall de∣liver the Goals of the Shires, as well within the Liberties as without, of all manner of Prisoners, after the form of the Goal Delive∣ry of those Shires be••ore time used.

Also in the Statute of Westminster 21. cap. 38. de non ponendis in Assizis & Iuratis, it is provided, that the said Statute shall not ex∣tend to Grand Assizes, in which it behoveth many times Knights to pass, not resident in the County, for the scarcity of Knights, so that they have Lands in the Shire. And by the Law Knights having Land may be re∣turned upon Juries in ordinary Trials between party and party, as other Freeholders may be. And therefore in a Challenge to the great As∣size under Edward the Third, one was chal∣lenged pur ceo qu'il fait abaner; or as the A∣bridgment hath it, a Baronet; but it was not allowed: and the Reason is given; Car s'il soit à Baner, & ne tient pas per Baronie il serra en l'assise.

Of the double parity of England, that is, of Barons, and all Dignities above them, be∣ing Peers of the Realm, and all other under them, are Peers amongst themselves; for not∣withstanding that Dignity of Knighthood, they are reckoned amongst the Commons. And we daily see that Knights do serve in Parliament as Members of the Commonalty. Nevertheless the Sheriff in his discretion will not impannel Knights, but in special and great Causes: As in Cases of Indictments of a Peer of the Realm, they are to be enquired and found by Knights and Esquires, though their Trial shall be only by their Peers. And in 38 Hen. 8. Henry Howard Earl of Surrey, Son and Heir apparent of Thomas Duke of Norfolk, was attainted of High Treason, and was tried also by Knights, Esquires, and Gentlemen, and not by Lords or Peers of the Realm, because he was not of that Dig∣nity by Creation.

Since the use of making every Earl first a Baron of some place (which began, as most Writers treat, about the time of Henry the Eighth) it hath been a Custome to style their Heirs apparent Lords and Barons, with the Title of their Father's Barony (when Viscounts, or Baron's Heirs apparent are only styled Esquires;) but this is only a piece of Civility, and of meer fashion; yet it is al∣lowed of in Heraldry, with whom the Rule is, That the eldest Son of every one of a crea∣ted

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Degree is as of the next Degree under him, which may be applied to Dukes, Earls, and the like: But in Legal Proceedings they enjoy no such matter, nor have by their be∣ing Heirs Apparent any Prerogative of the greater Nobillty.

And in case where a Peer of the Realm is party Plaintiff or Defendant in any Acti∣on or Suit, if the Sheriff do not return one Knight at the least to be of the Jury, the said Noble Person may Challenge, and for that only cause quash the whole pannel.

By the Statute of Carlisle 15 Edw. 2. it was enacted, That he who levied a Fine should appear in proper person, to the in∣tent that his Age, Idiocy, or other defect might be discovered by the Judges. Never∣theless upon Impotency, whereby he cannot come in Court, two, or one of the Justices, by the consent of the rest of the Justices, shall go unto him and take his Recognizance; and if but one of them go, he shall take a Knight with him, and shall certifie it in the Bench of Record, to the intent that all things inci∣dent to the fine be examined by them, and then the fine may be levied. But after this good Statute, a worse Custom and Use hath come in place: For by a Dedimus potestatem out of Chancery to one Knight, and to a Justice of the Peace of the County in such cases, is procured and directed to a Knight and two others, who perhaps be neither Knights nor Justices, but perhaps men of small estimation, and unto two or three of them, without saying Quorum the Knight shall be one; and two of them without the Knight have taken the Recognizance of the Fine, ibid. 101. b. But great prejudice this practise of omitting the interposing of the u∣sual Service of Knights in this behalf hath been to many, and scandalous to the Law of the Land, they sometimes taking Recog∣nizances of a Fine from a Feme Covert, as if she were sole, and many times acknow∣ledged by Justices. If a Tenant do lay an Essoin de morbo lecti, he may have a Writ out of the Chancery to warrant it, by which it shall be commanded to four Knights to view him; and if they see him sick, then they are to give him day, to the end of a year and a day. Note the Register, fol. 177. b. Quod Coronator non elegatur nisi sit miles in, &c. juxta formam Statuti Westm. 1. cap. 10.

It is a received Opinion, that Knights are excused from attendance at Leets, and Brit∣ton 29. & 36. is cited to prove it. And by a large understanding of the intent and mean∣ing of the Statute of Marlbridge, chap. 10. For the ancient Common Law had such re∣spect to the Degree of Knighthood, that they, nor their eldest Sons, were compelled to find Pledges in the Leet or Law-days; for the Statute of Marlbridge aforesaid was not In∣troductiva novae Legis, for it was before the Conquest. And the Common Law is not by this Statute abridged. And by the Book called the Mirror of Iustice, menti∣oned in the Preface to Coke's ninth part, it is said that Knights are excepted: And so it appears that the practice was as well be∣fore, as immediately after the making of that Statute of Marlbridge; and Interpreta∣tio Practica is a principal way and form of Interpretation of Laws. The Lord Chancel∣lor's Speech, in the Case of Postnati, fol. 58. And in Divinity, Praxis sanctorum est inter∣pretatio praeceptorum, ibid. 66. But a Knight, and all Superiors and Inferiors, are bound by Law to attend the County or Sheriffs Court wherein he dwelleth, and at his peril to take notice of the proceedings thereof: For if a Man be Outlawed of Felony at a Coun∣ty Court, and one of the same County not knowing of the Felony doth receive him, he is Accessory. Also when the King doth Summon his Parliament, Writs shall be sent to the Sheriff to make choice of Knights of every Shire in this form; Rex Vicecom. N. Salutem, quia de avisamento & asse••su no∣stri Concilii, pro quibusdam arduis & urgen∣tibus negotiis nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram Westm. duodecimo die Novembris proxime futuro teneri or∣dinavimus, & ibidem cum Praelatis magna∣tibus, & proceribus dicti Regni nostri col∣loquium habere & tractare, tibi praecipimus firmiter injungentes, quod facta Proclamatio∣ne in prox. Comit. tuo post receptionem hujus brevis nostri tenendi die, & loco praed. duos Milites gladiis cinctos Magisidouers & Dis∣cretos Com. praed. &c. & electionem & partes sub sigillo tuo, & sub sigillis eorum qui ele∣ctioni illi interfuerunt nobis in Cancellaria nostra ad dictum diem, & locum certifices indilate. See the Statute 23 Hen. 6. cap. 15. where amongst other things it is enacted, That the Knights of the Shires for Parlia∣ments hereafter to be chosen, shall be nota∣ble Knights of the same Counties for the which they shall be chosen, or else such no∣table Esquires or Gentlemen being of the same Counties, as shall be able to be Knights.

Peers of the Realm are by intendment of Law sufficient of Freehold; and that is one of the Reasons wherefore no Capias or Exi∣git lieth•• against them for Debt or Tres∣pass.

But the Law hath not that Opinion of the Knights sufficiency of Freehold: for he may be a Knight without Land; therefore, and then he is not to be returned of any Jury or In∣quest, howsoever he may be worthy and suf∣ficient to serve the Commonwealth in Mar∣shal Affairs. The Wives and Widows of

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Knights in Legal Proceedings, and in Courts of Justice, have not the Title of Lady, as the Wives or Widows of Noblemen have; yet by the Courtesie of England that Title is given them.

And if in any action they be not called Ladies, for that cause the Writ shall not a∣bate for that Surplusage, because Domina is general to Women, as Domini to Men. So where Women after Fourteen years of Age are called Dominae for Ladies or Dames; and with us anciently marriageable Women were called Dominae; and in our old English Leets, Dames.

First, Dominae is often used for Women generally, as a special Honour for that Sex, being not out of fashion at this day; nor with the French; as also amongst the Itali∣ans, Domina for them is familiar. But if she be named Comitessa or Baronessa, whereas she is no Countess or Baroness in Law, then without question the naming of her so shall a∣bate the Writ.

By the Statute of Magna Charta, chap. 21. Knights are freed from Cart-taking, that no Demesne Cart of them shall be ta∣ken.

By the Statute 1 Iacobi, cap. 27. it seem∣eth that Knights Sons may keep Greyhounds, and Setting-Dogs, and Nets to take Pheasants and Partridges in, though they cannot expend Ten pounds per Annum, nor be worth Two hundred pounds; for by the express words of the Statute, all the Sons of Knights are ex∣cepted.

Observations concerning Knights Batchelors.

A Baronet cannot claim the Priviledge that Knights have from Cart-taking by Mag∣na Charta 23.

A Baronet's Son cannot keep a Grey-hound, &c. because he is not within the Statute of 1 Iac. 27. unless he hath Ten pounds per Annum, tamen qu••re; See the said Statute, and Statute 22 & 23 Car. 2. Quaere whether the Baronets Addition doth abate any Action. If one be Knighted in the life time of his Father, it frees him from Wardship; but con∣tra of a Baronet. Knights are excused from attendance at Leets, which Baronets are not.

Note, That by the Statute 12 Car. 2. chap. 24. the Court of Wards, Tenures in Capite, Liveries, Ouster le maines, and other de∣pendance upon the Court is taken away; and then was repealed the Statute 32 Hen. 8. chap. 6. 33 Car. 22.

A Knight Batchelor is a Title (as before noted) borrowed from Horsmanship, and therefore ought to be represented by the Ef∣••igies of a Captain of a Troop of Horse.

I shall here set down the manner of ma∣king Knights about the year of Christ 500, near which time King Arthur Reigned in England, as I find it in Sir William Segar's Book of Honour Military and Civil, page 53. where he saith, That a Prince being minded to make a Knight, commanded a Stage or Scaffold to be erected in some Cathedral Church in his Kingdom, or some spacious place near unto it, to which place the Gen∣tleman was brought to receive that Honour; and being come, was forthwith placed on a silver Chair, adorned with green Silk. Then it was demanded of him if he were of a heal∣thy Body, and able to undergo the Travel re∣quired in a Souldier; also whether he were a man of honest conversation, and what credi∣ble Witnesses he could produce to affirm the same. Then the Bishop or chief Prelate of the Church took the Bible, and holding it open before the Knight in presence of the King and all others, spake these words; Sir, you that desire to receive the Order of Knight∣hood, swear before God, and by this Holy Book, that you shall not fight against this mighty and excellent Prince that now be∣stoweth the Order of Knighthood upon you, unless you shall be commanded so to do in the service of your own King; for in that case, having first yielded up the Collar, Device, and other Ensigns of Honour now received, it shall be lawful for you to serve against him, without reproach or offence to all other Companions in Arms. But other∣wise doing you shall incur Infamy, and being taken in War, shall be subject to the pains of death: You shall also swear with all your force and power to maintain and defend all Ladies, Gentlewomen, Widows, Orphans, and distressed Women; and you shall shun no adventure of your person in any War where∣in you shall happen to be.

My Author further saith, That this Oath being taken, two of the chief Lords led him to the King, who presently drew forth his Sword, and laid it upon his Head, saying, God and St. George (or what other Saint the King pleaseth to name) make thee a good Knight. Then came to the Knight se∣ven Noble Ladies attired in white, and be∣girt a Sword unto his side; which being done, four Honourable Knights put on his Spurs. These Ceremonies being past, the Queen took him by the right Arm, and a Dutchess by the left, and led him to a rich Seat placed on an Ascent, where they seated him, the King sitting on his right hand, and the Queen on his left; then the Lords and Ladies also sate down upon other Seats three Descents under the King: And being all thus seated, they were enter∣tained

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with a Delicate Banquet or Colla∣tion, and so the Ceremony ended.

Of Degrading of Knights.

And from hence 'tis believed that this Or∣der took its rise, which was about the year of our Lord 810. For King Hungus and Achains (Confederates against Athalstan) went bare∣footed (in a devote way) to the Kirk of St. Andrew, to return thanks to God and his A∣postles for their Victory; vowing for them∣selves and their posterity, ever to use the said Cross in their Ensigns in any warlike Expediti∣on.

The principal Ensign of this Order is a gol∣den Collar composed of Thistles, intermixed with Annulets of Gold, to which hangs the fi∣gure of St. Andrew with his Cross, and this E∣pigraph, Nemo me impune lacessit. But for their common Ensign they wore a green Ri∣bon, to which hung a golden Thistle crowned with an Imperial Crown, within a Circle of Gold, with the said Epigraph.

Their grand meeting was annually on St. Andrews day, in the Church of the Town so called; and during the Solemnity of the Feast, these Knights (which were in number Thir∣teen, in allusion to our Saviour and the Twelve Apostles) were richly apparelled, and in their Parliament Robes, having embroidered on their left Shoulders St. Andrews Cross within a blew Rundle, and in the Center of the said Cross was a Crown composed of Golden Flower de lis.

Having thus treated of the several Degrees of Knighthood which are or have been used a∣mongst us: In the next place I shall give the Reader an account of divers Degrees of Knighthood in other Kingdoms, although ma∣ny of them are now Extinct.

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ORDERS OF KNIGHTHOOD Which are or were Instituted in PALESTINE AND OTHER Parts of ASIA. CHAP. XXIV.

Knights of the Holy Sepulchre in Ierusalem.

THIS Order of Knighthood is held to be the most ancient of all those Orders that took their beginning in the Holy Land; and is said to be instituted about the time that the Temple of Ierusalem was regained from the Sarazens, which was in An∣no 1099.

Some Authors say, That Philip King of France was the first Instituter of this Order; but Favin saith that it was Baldwin the first King of Ierusalem, who made the Regular Canons (which then resided in a Convent near adjoyning to the said Sepulchre) Knights of the said Order, whose chief Duty was to guard the Holy Sepulchre; to relieve and protect Pilgrims; to fight against the Sa∣razens and Infidels; and to hear Mass eve∣ry day. The Armorial Ensign belonging unto them was two red Crosses united into one.

When the Christians were expelled the Holy Land, these Knights settled themselves at Perugia in Italy: But by the Bulls of Pope Innocent the Eighth, Anno 1484. they and all their Goods were annexed and joyned to the Knights Hospitallers, then residing at Rhodes.

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Knights Hospitallers of St. John Baptist in Jerusalem, called Knights of the Rhodes, now of Malta.

SOmewhat before the Christians took the City of Ierusalem from the Sarazens, certain Christian Merchants of Naples, who traded to these parts, obtained leave from the Caliph of Egypt (who had then the Go∣vernment thereof) to dwell near the Sepul∣chre of Christ, and to erect a small House for the entertainment of themselves and Pil∣grims, and called it The Hospital of Chri∣stians; together with a small Oratory dedica∣ted to the blessed Virgin Mary. After that the number of Christians increasing, they built another House for Women, and dedicated it to St. Mary Magdalen; and at length they built a more large House, which they dedicated to St. Iohn Baptist, the others being too small for the entertainment of Strangers that thither came for Devotion, and here they en∣tertained and cured the diseased amongst them. And for their Religion, Charity, and Hospita∣lity they began to become eminent; and ha∣ving took St. Iohn Baptist for their Patron, they obtained the title or name of Brethren Hospitallers of St. John Baptist of Jerusalem: Then received they the regular Habit of black, with a white Cross on the Garment near their left Shoulder, and vowed Obedience, Poverty, and Chastity.

This Order is said to be first instituted in Anno 1099. by one Gerard of the Province of Tholouse, a man of a holy life, and had large priviledges conferred upon them by King Baldwin the first, who created them Knights, and permitted them to use Arms, and to fight against the Sarazens and Infidels for the De∣fence of the Christian Faith, and to be Guar∣dians of the Holy Sepulchre. At this time they acknowledged their Obedience to the Pa∣triarch of Ierusalem; but growing in wealth, they obtained the favour of the Pope to be ab∣solved from their Obedience, and was by Pope Adrian the fourth received under the protecti∣on of the Papal See.

Gerard being dead, they elected one Rai∣mond for their Rector or great Master, to whom authority was given that he should govern and command all Knights of this Or∣der wheresoever dispersed. This Gerard, af∣ter he had digested and enlarged their Laws and Institutions, divided that whole Body in∣to three Classes; to wit, Knights, Ecclesiasticks, and Servants: And since which time the suc∣ceeding Great Masters have much added to their Priviledges and Dignities; and his Title is now The Illustrious Prince of Malta and Goza.

Saladine having made himself Master of Ierusalem, these Knights retired to the City of Acres, which being also taken, they seiz∣ed upon the Isle of Rhodes, where they con∣tinued as Masters, until forced thence by So∣lyman the Great in Anno 1522. After which they betook themselves to the Isle of Malta, which with Tripoli and Goza were granted to them by the Emperour Charles the ••ifth, An∣no 1530. and the same year was confirmed to them by Pope Clement the Seventh: and in this Isle they yet continue, and are as a Bulwark to that part of Christendom.

Knights Templars.

ABout the year 1118. Hugo de Paganes, Godfrey de St. Omer, with seven other Gentlemen, out of Devotion went into the Holy Land, where they determined to erect, and enter into a Brotherhood; and being come to Ierusalem, they consulted what they should do (though to the hazard of their Lives) that should be a service acceptable to God, and praiseworthy of men: And being informed that in the Town of Zaffo there resided ma∣ny Thieves that used to rob the Pilgrims that resorted to the Holy Sepulchre, they resolved to make the passage more free by destroying or dispersing these Robbers. And for the en∣couragement of these Gentlemen in so good an undertaking, the King assigned them lodgings in his Palace adjoyning to Solomon's Temple, from which place they were called Knights Templars.

And the King and Patriarch finding their Actions very successful, furnished them with many necessary Provisions: And although their charitable Service made them acceptable unto all, yet for the first Nine years they were in so great a strait, that they were forced to take the Charity of well disposed people; how∣ever there resorted unto them many Christi∣ans, so that their number was much encreas∣ed. And there being all this while no Habit or Order assigned them, Pope Honorius, at the request of Stephen Patriarch of Ierusalem, prescribed unto them an Order of Life, where∣by they were to wear a white Garment; and Pope Eugenius added thereto a red Cross; and in the presence of the said Patriarch they made their Vows of Obedience, Poverty, and Cha∣stity, and to live under the Rule of Regular Canons of St. Augustine. Being thus entred into an Order, they elected an Head or Great Master; and in process of time, through the daily encrease of their number, and their fa∣mous enterprizes, not only for securing the passages, but also for waging War both by Sea and Land against the Infidels, they became highly favoured of the Christian Princes, who

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assigned to them great Revenues to be spent in God's Service; and in process of time they became exceeding wealthy and powerful, so that they grew proud, and withdrew them∣selves from the Obedience of the Patriarch of Ierusalem, and joyned with the Pope. But in the end they found not the favour from the Pope as they expected; for by him, or through his consent, upon some infamous crimes charg∣ed against them, their Lands and Possessions were seized upon, and otherways disposed of, their Order suppressed, and they themselves imprisoned, condemned, and cruelly execu∣ted; but according to the Opinion of many Authors, they were unjustly accused by subor∣nation of Witnesses, meerly to gain their Revenues, which according to Dr. Heylin, were exceeding great, having no less than Sixteen thousand Lordships in Europe.

Knights of St. Lazarus.

THis Order at the first Institution was only a Brotherhood of Religious Monks, and became an Order of Knighthood in or a∣bout the time of St. Basil, being first institu∣ted upon a most charitable account, to wit, to take care of persons infected with the Lepro∣sie (which was a Disease very frequent in the Eastern parts) by reason of which they were separated from the Society of men; and had assigned to them a famous Hospital in Ierusa∣lem, called St. Lazarus, for the reception of Lepers.

And through the incursion of the Sarazens and Barbarians in these parts, this Order was (as it were) extinguished; but when the La∣tin Princes joyned together in a Holy League to expel them the Holy Land, these Religious Men entred into a Martial Discipline, and per∣formed great Service, insomuch that they gained great fame and esteem of Baldwin the second King of Ierusalem, in whose time this Order much flourished under the Government of a Great Master: And about the year 1150. they made their Vows of Obedience, Poverty, and Chastity before William Patriarch of Ieru∣salem, and submitted themselves to the Order of St. Benedict: They also constituted several Orders to be observed amongst them; viz. to wear a green Cross; and that all before they entred into this Knighthood, should prove themselves born in Wedlock of Christian Pa∣rents, and to be a Gentleman by the Fathers and Mothers side; also to be of an unblamea∣ble life and conversation, and to perform dai∣ly certain Religious Ceremonies.

Knights of St. Bass.

THese Knights were founded under the Rule of St. Basil, and were also called Knights of St. Mary. Their Garment was skie colour, with a gold Cross, which they wore before their breast, having in the midst thereof the picture of St. Basil, their Patron, and were Officers and Servants to the Kings of Armenia.

Knights of St. Katharine at Mount Sinai.

THE reason of the Institution of these Knights (which was about the year of Christ 1063.) was to guard and defend the Se∣pulchre of St. Katharine their Patron (whose Body is said to be buried in Mount Sinai, near to which place a Monastery was erected and dedicated to her Name) to secure the passage for Travellers who came thither for Devotion sake, and to entertain them during their a∣bode.

They lived under the Rule of St. Basil the Great, vowed Obedience to the Abbot of this Monastery, and wore a white Garment. But when the Turks became Masters of these parts, this Order of Knighthood suffered very much; notwithstanding, some Remains of the Order doth yet continue.

Knights of the Martyrs in Pale∣stine.

THese Knights followed the Rule of St Basil, and wore on their Garments a red Cross, in the midst whereof (within a Circle) was the Figures of Cosmas and Damia∣nus, their Saints and Patrons, who were mar∣tyred.

Their Hospital or place of abode bore the name of their Saints; where they exercised all Acts of Charity to sick Strangers and people in necessity; to redeem Captives taken by the Sarazens, and to bury the Dead.

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ORDERS OF KNIGHTHOOD IN SPAIN.

Knights of the Oak in Navarr.

THE Inhabitants of the Kingdom of Navarr being almost over∣run by the Moors, notwithstand∣ing their great Army raised to oppose them, for that they wanted an experienced General to command them; at length one Don Garcia Ximenes (who had betook himself to a religious and solitary Life) was perswaded to take upon him that Command, which was about the year of Christ 722. And as he was marching out of the City to fight the Moors, there appeared to him from the top of an Oaken Tree the sign of the Cross, which was adored by an in∣numerable quantity of Angels. In this Bat∣tel he gained so signal a Victory, that the people elected him their King; and shortly after he instituted this Order of Knighthood, investing therewith the Nobles, and persons of Renown in his Kingdom, whom he obliged to defend the Christian Faith, and to own Obe∣dience to him and his Successors, Kings of Na∣varr. The Habit that he assigned them was a white Garment, having thereon a plain red Cross set on the top of an Oaken Tree in its Verdure.

Knights of the Lilly in Na∣varr.

GRacius King of Navarr, the sixth of that Name, lying in a languishing and sick Condition, sent to St. Saviour de Lyra, and other places of Devotion, to the end that pray∣ers might be made for his Recovery: In which time in the City of Naiera (where he kept usually his Court) there was found the Image of our Virgin Mary issuing out of a Lilly, holding her Son betwixt her Arms, and sud∣denly after (if you will believe the Story) the King not only recovered his health, but di∣vers other Miracles were done on diseased people in that place; and in honour whereof the King (in Anno 1048.) erected this Order, which consisted of Eight and thirty, of which himself was Sovereign, as were his Successors to be after him. The Badge which these Knights daily wore on their Breasts was a Lil∣ly embroidered in Silver; and on Festival days they wore a double Chain of Gold interlaced

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with Letters M. after the manner of a Gothish Letter, with an enamelled Lilly in an Oval Medal hanging at it; and their Habit was white.

Knights of the Band.

THIS Order was first erected by Alphonso King of Spain, in Anno 1368. and for this reason; The King considering that he had many Enemies to deal with, for his better se∣curity, thought it convenient to institute an Order of Knights, making himself Master thereof, which he did a little before his Coro∣nation in the City of Burgos in great Solem∣nity; the whole Night being spent in the Mo∣nastery of St. Mary Royal in watching and prayer, and the day following, after Mass, they were invested with a red Ribon of about three Inches broad, which went cross their left Shoulders like our Knights of the Bath, being the Badge from whence these Knights took their Name. Their Articles are at large set down by Sir William Segar, which being too many to repeat, are here omitted.

Knights of the Dove in Castile.

THIS Order, according to Favin, was first instituted by Iohn the first, King of Ca∣stile, about the year 1379. in the City of Se∣govia. The Collar of this Order was com∣posed of peeces which represented the figure of the Sun in his Glory, to which hung a gol∣den Dove enamelled white, and encircled with rayes: But the King dying the same year, and before it was well received, it became of no great esteem.

Ordo de la Scama in Castile.

JOHN the second, King of Castile, for the stirring up his Nobles to assist him in his Wars against the Moors, in Anno 1420. did e∣rect this order, which took so good effect, that in a short time the Moors were subdued. Their Ensign, according to Ios. Micheli, was a Cross composed of Scales of F••shes, from which it seemeth to have took its Name; for Scama in the Spanish signifies the Scale of a Fish. These Knights were obliged to fight against the Moors, to accompany the King in the Wars, and to die in the defence of the Christian Religion. Their Rules and Statutes for their Government were ordained by the said King, upon whose death this Order lost much of its splendor.

Knights of the Lilly in Aragon.

THIS Order was erected by Ferdinand King of Aragon, in Anno 1403. and de∣dicated to the honour of the blessed Virgin, in token of a signal Victory which this King ob∣tained against the Moors. The Collar was composed of Bough-pots fill'd with white Lil∣lies, interlaced with Griffons.

Knights of Mount-joy.

THIS Order was first instituted in the Holy Land, for the securing these parts against the Moors and Sarazens, and lay in Garison in a Castle built on the point of a Moun∣tain near Ierusalem: And after the loss of the Holy Land, these Knights retired into Spain, and performed good Service against the Moors; but in process of time this Order fell to decay, and were incorporated into the Order of Cala∣trava. Their Habit was a red short Mantle; and on their Breasts they wore a white Star with five Rayes. They observed the Rule of St. Benedict; which afterwards was changed to that of St. Augustine, and vowed Poverty, Chastity, and Obedience.

Knights of Acon, or Acres.

IN the City of Acon these Knights resided, where they used all Duties of Charity to Pilgrims that went to the Holy Land. They assumed the exercise of Arms in imitation of the Knights Hospitallers: They followed the Rule of St. Augustine, and wore a black Gar∣ment, whereon was a white Cross Pattee; but Ios. Micheli Marquez saith it was a red Cross; and in the midst thereof stood the figures of St. Iohn and St. Thomas.

After the City of Acon was taken, they re∣moved into Spain, where they flourished, re∣ceiving great favour from Alphonsus the Astro∣loger, K. of Castile; but after his death by little and little they decayed, and in the end were united to the Knights Hospitallers.

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Knights of St. James in Galicia.

THIS Order of Knighthood (called by the Spaniards Cavalieri di san Iago) is of great esteem amongst them; and was first erected upon this occasion: When the Arabi∣ans had almost subdued the Country, the re∣mainder of the Spanish people refusing to live under the Obedience of so barbarous a Nation, retired unto the Mountains of Asturia, where they settled a Government; and after their abode there some few years certain Nobles or Gentlemen of great quality (to the number of Thirteen) upon a serious consultation to re∣gain their Country, resolved to enter into a Fraternity, and to begin a War against the Moors and Barbarians. The Ensign which they wore was a red Cross in form of a Sword, with an Escallop Shell on it, in imitation of the Badge of the Pilgrims that go to Ierusa∣lem to the Sepulchre of St. Iames the Apo∣stle. They elected one chief Governour, who was called Great Master, who with the Thir∣teen other Knights had power to choose or re∣move any Knight at their discretion; and to make Statutes and Orders for the well Go∣vernment of the said Society at their Day of Meeting (which is Annually) on the Feast day of All-Saints in great State, having large Revenues to support their Grandure; this Or∣der being esteemed the chiefest in Spain.

Knights of St. Saviour in Ara∣gon.

DON Alphonso, for his better enabling to force the Moors out of Aragon (about the year of our Lord 1118.) did erect this Order, electing a certain number, which he chose out of those Spanish and French No∣bles, that assisted him in his Wars against the Moors; which Honour engaged them to pur∣sue the War against them the more vigorously. The Moors being subdued, King Alphonso e∣stablished these Knights in the place of the Knights Templars in Montreal, and had a rule of living somewhat conformable unto them (save only to marry) and were obli∣ged to support and defend the Holy Church, and Christian Faith against the Moors. Their Habit was a white Mantle, and on their Breast they wore a red Cross. But when the Moors were expelled (being the chief end for which they were instituted) these Knights were laid aside, or at leastwise not regarded, and their Revenues joyned to the Crown.

Knights of St. Julian de Pereyro, or of Alcantara.

THese Knights take their name from the place of their Institution, viz. the City of Alcantara in Castiglia (seated on the Tago) where they had a stately Church, and were richly endowed: They had many Priviledges and Orders observed amongst them; their Ha∣bit was a black Garment, having on the Breast a green Cross; and their first great Master was Ferdinando the Second, King of Leon and Galicia, about the year of our Lord 1176.

Knights of Calatrava in Castile.

THIS ancient Order was first instituted by Don Sanchio the third, King of Toledo, about the year of Christ 1158. and took its Name from the Castle Calatrava, which is a Frontire both of Toledo and Castile; which place the Moors took upon their Victory they obtained against Don Rodrigro King of Spain, in Anno 714. but after above Four hundred years continuance they were forced thence, and the place given to the Knights Templars by Don Alphonso Emperor of Spain, to be maintained as a Garison against the Incursion of the Moors; but they not being able to maintain and defend it, withdrew their Gari∣son; upon which, lest the Moors should be∣come Masters of it again, the King by his Charter gave the said Castle and Village to one Don Raymund, formerly a Knight of great Fame, and then Abbot of St. Mary de Fitero, who fortified it, and began the said Order of Knighthood, which flourished very much, and became exceeding powerful, so that the Moors durst not make any further Attempt. The Ha∣bit that they wore was a black Garment, with a red Cross on their Breast, and had many great Priviledges, and as great Possessions in divers places of Spain.

Knights of Truxillo, or Trugillo.

THIS Order took its appellation from the City of Trugillo, seated in Estremadura in Spain; but as for the time of its Institution Writers are silent in; but certain it is, they were in being in the year of our Lord 1227. for one Don Arias Perez Dallego, then Ma∣ster of the Order, took this City from the Moors, and there settled a Brotherhood of Knights and Priests, who lived after the man∣ner of a Convent, but what was their Badge or Habit, and what Orders were observed a∣mongst them, is also not certainly known.

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Knights of our Lady, and of St George of Montesa in Valen∣cia

THese Knights took their rise from the dis∣solution of the Knights Templars in Va∣lencia, and were instituted by Iames the Se∣cond, King of Aragon and Valencia, in Anno 1317. for the better defence of his Kingdoms against the Inroads of the Moors; but were subject to those of Calatrava before spoken of. The place assigned them for their abode was at Montesa, where they had a Colledge built and dedicated to St. George by the Pope at the in∣stance of the King. The Statutes of the Order are the same as those of Calatrava; they vowed Conjugal Chastity; their Habit was white, with a plain red Cross; and their first Master was Guilielmus de Eril, a valiant Souldier.

Knights of St. Mary de Merced in Aragon.

JAMES the First, King of Aragon, al∣though for his Conquests against the Moors was Surnamed the Invincible; yet had he the ill fate to be a Prisoner to Simon Earl of Mont∣fort in France, where he suffered many trou∣bles, and indured great hardship, which made him throughly sensible of the Miseries the Christians indured under the tyranny of the Moors. Whereupon he made a Vow to the blessed Virgin Mary, that when he was freed from his Captivity, he would endeavour the Redemption of the Captive Christians: And being set at liberty, he heaped up great Sums to be imployed accordingly; and by the ad∣vice of Raymond de Penafort his Confessor, a Dominican Frier, and Pedro Nolasco a Noble Cavalier, he founded an Order of Knights in Barcelona, called la Neuva Merced, so na∣med by the blessed Virgin, who in a Vision ap∣peared at one and the same time in one Night to the King, to Raymond, and Nolasco, giving this Order its Name, and directing them in the whole Institution, because of the great good which the Christian Captives should re∣ceive by this means.

This Order was founded in Anno 1218. and their Feast day for the celebrating the same, was Annually on St. Laurence the Martyr in August. Their Habit was a Coat and Scapu∣lar of Ordinary white Cloth, and garnished with Ribons and Cordons, wherewith they fastned it about their Necks; and from the up∣per part thereof was a Cap that covered half their Head, but the Monks wore their Coats and Scapulars much longer than the Knights. These Knights professed Conjugal Chastity, and Obedience to their Superiors. The first General or Master was Pedro Nolasco, who was sent into the Kingdom of Valencia to re∣deem Captives; which Journey proved so suc∣cessful, that in the space of six years he ran∣somed no less than Four hundred; nor cease they to send abroad their Agents to Algier, Fess, and other places for Redemption of Chri∣stian Captives. And being an Order thus Charitable, great sums of Money are Annu∣ally collected and put into their Hands for that use; and few die (of any account) in Spain, but bequeath a Legacy to this Order, insomuch that they have great Revenues.

Knights of the Rosary in Tole∣do••

THE Country of Toledo being grievously oppressed by the Moors, Roderick Arch∣bishop thereof, assembled together the Nobles and Chiefs of the City, and told them of the great necessity to give their assistance for the defence of the Country, and the extirpation of the Moors, which they readily imbraced, and many of the Nobles entred into this Or∣der; which was instituted for the defence of the Catholick Religion, to fight against the Moors, and to say continually a Rosary of the blessed Lady. They were of the Dominican Order, and their Ensign was the figure of our Lady of the Rosary upon a Cross flory, quar∣terly Argent and Sable.

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ORDERS OF KNIGHTHOOD IN FLANDERS.

Knights of the Golden Fleece, called Toizon d'Or.

THIS Order of Knighthood was instituted by Philip Duke of Burgundy, and Earl of Flanders, in Anno 1429. being moved thereto with devout Zeal to un∣dertake the Conquest of the Holy Land: The Patron of this Order was St. Andrew: The Sovereign, he to whom the Dukedom of Bur∣gundy doth lawfully descend. The number of these Knights at the first Election were Four and twenty besides the Sovereign; all of No∣ble Blood; which were afterwards much in∣creased by the Emperor Charles the Fifth.

Their Habit a Cassock of crimson Velvet, and over it a Mantle of the same, lined with white, which openeth on the right side, and is turned upon the left over the Shoulder, em∣broidered round about with a Bordure of Flames, Fusils, and Fleeces; and a Hood of crimson Velvet on their Heads. The Collar is of Gold wrought of Flames and Fusils, with the Toizon or Figure of a Golden Fleece which Iason won at Colchos, or as some sup∣pose, Gideon's Fleece, which signifies Fidelity or Justice uncorrupted. And this Collar or Toizon they are obliged upon a Penalty al∣ways to wear, not to make any alterati∣ons; and to sell or exchange it is deemed most unlawful.

The Sovereign hath in himself authority absolutely to give and bestow this Honour, when and to whom he pleaseth: And whoso∣ever entreth into the said Dignity, must first renounce all other Orders of Knighthood; nevertheless all Emperors, Kings, and Dukes are excepted, unto whom it is dispenced that they may wear the Ensigns of this Order, if they be the chief of their own Order. These, with other Statutes and Ordinances, the Knights are sworn to observe and keep. The day of their Assembly was first on St. Andrews day, which since was changed to the Second of May, and that but once in three years, unless the Sovereign otherwise pleaseth.

To this Order doth belong four principal Officers; viz. a Chancellor, a Treasurer, a Register, and a King at Arms, called Toizon d'Or.

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ORDERS OF KNIGHTHOOD IN PORTUGAL.

Knights d'Avis.

IN the Year of our Lord Don Al∣phonso Henriquez, first King of Portu∣gal, gained from the Moors the City of Evora; and for the fortifying and se∣curing of this Garison, he sent thither several brave Commanders, who took upon them the Title of Knights of St. Mary of E∣vora, who not long after were called Knights d' Avis from a Castle of that Name, seated on the Frontiers of Portugal, which the King gave to Ferdinando de Yannes, Master of Evora, to which Castle he and his Brethren removed from Evora. The Badge of this Order is a green Cross flory, like those of Calatrava. They took upon them the Rule of St. Benedict; and none were to be admit∣ted into this Order, but such as were Gen∣tlemen by the Fathers and Mothers side two Descents.

Knights of the Wing of St. Mi∣chael.

DON Alphonso Henriquez, King of Por∣tugal, 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 Commemo∣ration of this great Victory, at his return home (which was in the Year of our Lord 1171. or thereabouts) he instituted this Or∣der 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

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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 Wi∣dows 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 pri∣viledges 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 Ha∣bit 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 De∣nys King of Portugal, sent to Pope Iohn the Two and twentieth, to desire that an Order of Knights might be instituted in Ca∣stro Marin, which was a Frontier Town of the Enemy, and very commodious for the building a Fort for the resisting the Neigh∣bouring Moors which did much annoy his Kingdom; which request seemed so reason∣able, that the Pope (in Anno 1319.) insti∣tuted this Order, commanding that they should observe the Cistertian Order, and en∣joy 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 King∣dom of Portugal formerly belonging to the Knights Templars should belong to these Knights, who were obliged to make War against the Neighbouring Moors. Their Ha∣bit was black, with a Cross Pattee, Gules, charged with another of Argent, which they wore on their Breasts.

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ORDERS OF KNIGHTHOOD IN FRANCE.

Knights of Iesus Christ.

THIS Order of Knighthood was instituted in Anno 1206. by St. Dominick, chiesly to fight a∣gainst the Albigenses or Here∣ticks, and prescribed to them a white Habit, with a Cross flory, quarterly Sa∣ble 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 Obedi∣ence and Conjugal Chastity. When their bu∣siness was ended for which they were institu∣ted, they laid away their Arms, and wholly devoted themselves to a Religious Life, and admitted into their Society Widows and Vir∣gins.

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 Stru∣ctures, 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 Ci∣vil 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 Com∣missaries, &c. And for their better living ac∣cording to the Rules of Order, they were to vow Obedience, Poverty, and Conjugal Cha∣stity.

The Habits which these Knights were ap∣pointed to wear, was a civil coloured Cloth Coat, which should reach down half way their

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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 al∣though this Order was erected upon so good a Design, yet no great progress was made there∣in, for it died almost in its birth.

Knights of the blessed Virgin Ma∣ry 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 pre∣scribed 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 Be∣nefices in several places in France. Upon this the Commandaries and Hospitals of St. Laza∣rus in France were disposed of for the main∣tenance 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 Expedi∣tion of War; they also are to fight against the Enemies of the Roman Church; and they vow Obedience and Chastity.

This Order consists of One hundred: Their Feast is celebrated Annually on the Sixteenth of Iuly. The Badge of their Order is a Cross of eight points, of a tawny or violet colour, with a white Bordure, sewed on the left side of their Cloaks, and the figure of the Virgin Mary of Mount Carmel placed in the midst within a Rundle, encircled with Rayes of Gold, all wrought in curious imbroidery. They also wear about their Necks, in a tawny Ri∣bon, the like Cross of Gold enamelled.

Knights of St. Michael.

THIS Order was erected by Lewis the Eleventh in Anno 1469. whereinto him∣self, 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 cer∣tain 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 vanquish∣ed 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. Mi∣chael, every Michaelmas day. To this Or∣der belongeth a Treasurer, Chancellor, Regi∣ster, 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 ac∣cepted 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 Car∣dinals, five Prelats, the Chancellor, Provost, Master of the Ceremonies, great Treasurer, and Scribe, who are called Commanders.

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Their Grand Feast is Annually celebrated the first of Ianuary in the Church of the Au∣gustine 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 great∣est Church, there being divers Ceremonies to be observed by them in the celebration there∣of, 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 o∣pen 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 a∣bout 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 Sa∣razens and Moors, together with their Ge∣neral Abdiramo, were slain; and the said Charles to reward those that valiantly beha∣ved themselves in the said Battel, erected this Order of Knighthood, which consisted of Six∣teen, to whom he gave Collars of Gold made of a Triple Chain, enterwoven with enamel∣ed 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 man∣ner 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 cal∣led Genets, of which a great part of the Foun∣ders Chivalry was said to consist: But others say it took its name from the great store of Ge∣net Furs taken amongst the Spoils of the Vi∣ctory. But this Order is now Extinct.

Knights of the Crown Royal a∣mongst 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 them∣selves 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 Ro∣bert in Anno 1022. in honour to the Virgin Mary, but was of no long continuance, being discontinued by King Charles the Se∣venth, for that it was grown so common by the admitting into the Order persons of no merit. Their Habit was Mantles of white Da∣mask, lined with light carnation Damask, with Surcoats of the same; and on the left side of the Breast of the said Garments was embroi∣dered 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 bles∣sed 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 Bour∣bon.

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 Bur∣gundy. The set number of these Knights were Six and twenty, of which himself and his Suc∣cessors, Dukes of Bourbon, were chief.

Their Habit was a Mantle of Skie-coloured Damask, lined with red Satin, with broad Welts of Gold embroidered on the Collar. The Bonnet was of green Velvet, with a Tassel of Gold and crimson Silk hanging on the Band:

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Their great Collar was of Gold, wrought and enameled with green; at the bottom where∣of, in an Oval, hung the figure of their Pa∣troness the blessed Virgin; as also the head of a Thistle enameled green and white. And these Knights were obliged daily to wear a Girdle or Belt of watchet Velvet embroidered with Gold, in the midst of which was wrought the word Esperance.

Knights of the Porcupine.

THIS Order was instituted by Monsieur Lewis of France, Duke of Orleans, in Anno 1393. for the further honouring the Baptism of his eldest Son Charles, which he had by Valentina, Daughter to Iohn Galeas Duke of Millan: and he made choice of this Device of the Porcupine, with the words Comi∣nus & Eminus for his Epigraph; which inti∣mated as well something of Revenge, which he bore to his inveterate Enemy Iohn Duke of Burgundy, as the great hopes he had of this Child. Of this Order were Four and twenty besides the Founder: Their Habits were Sur∣coats of violet Velvet, over which were Man∣tles of watchet Velvet lined with carnation Satin; and their Collar was formed of Gold chains, whereto hung the figure of a Porcu∣pine of Gold upon a hillock of Grass and Flow∣ers enamelled.

Knights of the Croissant of An∣jou.

RENE Duke of Anjou, King of Ierusa∣lem and Sicily, instituted this Order in the City of Anjou in Anno 1464. in honour of God, the support of the Church, and exalta∣tion of Knighthood: Their Patron was St. Maurice, himself and his Successors were Chiefs. Their Ensign, which they wore on the right side of their Mantle, which was crimson Velvet, was a Golden Crescent, whereon was the word L'oz enameled; and to this Cres∣cent was fastned as many small pieces of Gold fashioned like Columes, and enameled red, as the Knights had been present in Battels and and Sieges.

The Order of the Ermine in Bre∣tagne.

THIS Order was instituted in Anno 1450. by Francis the First, Duke of Bretagne, in memory of his Grandfather Iohn, Surnamed the Conqueror; and consisted of Five and twenty, of which himself was the Chief. The Habit by him appointed them was a Mantle of white Damask lined with carnation, with a Mantlet of the same. The great Collar was of Gold, composed of Ears of Corn in Saltier, and at the end thereof hung the Ermine, or Mus Ponticus, passing over a Turf of Grass; at the edge of which was this Epigraph, A ma¦vie. But this Order expired when the Duke∣dom of Bretagne became annexed to the Crown of France.

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DEGREES OF KNIGHTHOOD IN ITALY.

Knights of St. Mary the Glo∣rious.

IN the life of Pope Vrban, when there was great War amongst the Italian Princes, which was about the year of our Lord 1233. there were certain rich Gentlemen of Modena and Bologna, who being fearful of the Troubles, and to be ex∣empt from the Publick Charges, moved the Pope to permit them to live in contemplation, and to erect a new Religious Order of Knight∣hood; which for a sum of Money they ob∣tained. Their Habit was a white Cassock, and a Mantle of a russet Colour; and for their Badge they wore a purple Cross Pattee on their Breasts. They are commonly called Cavaleri de Madona; and because they had no Mona∣steries, but dwelt at their own Houses with their Wives and Children at ease and plenty, they were termed Fratres Gaudentes. They were obliged to fight against Infidels, and to protect Widows and Orphans.

Knights of the Holy Ghost in Saxia at Rome.

THE chief Seat of these Knights is the stately Hospital of the Holy Ghost, found∣ed by Pope Innocent the Third, about the year of our Lord 1198. Before their admittance they are obliged to bring Certificate of their Gentility: They profess Obedience, Chastity, and Poverty: They live under the rule of St. Augustine, and have a Master: Their Ensign is a white Patriarchal Cross, with twelve points, sewed on their Breast, and on the left side of their black Mantle. The Revenue be∣longing to this Hospital is 24000 Ducats daily, with which they do works of great Charity; as nursing and educating of exposed Children; the curing of Diseases; relieving the poor, and entertainment of Strangers for three days.

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The Constantinian Angelick Knights of St. George which was formerly in Greece.

THIS ancient Order of Knighthood is said to take its beginning from Constantine the Great, ••or that he saw by an Angel from Heaven a Cross with this Inscription, In hoc signo vinces; and the patern of the said Cross presented to his view in the Skie he caused to be made of Gold and precious Stones, and to be carried before his Army instead of their golden Standard formerly used: And this Cross was also to be engraven upon the Armour of his Legionary Souldiers. And for the further adoration of the Cross, after his Triumphal Entrance into Rome upon his Victory over Maxentius, he erected many Crosses with Inscriptions: and in the principal part of the City he caused his Statue to be set up, holding a Banner of the Cross with an Inscription.

Their Ensign was a Collar of Gold, to which was fastned a Cross of the same form, and thereunto the figure of St. George.

Of this Order Constantine elected Fifty of the Noblest Persons in his Empire, to whom he gave the Standard of the Labarum, and likewise a Collar of Gold; and constituted se∣veral Laws to be observed by the said Frater∣nity, which were confirmed by Pope Leo the First, who assigned to them the Rule of St. Basil, Anno Dom. 456. which said Order hath been since confirmed by divers succeeding Popes and Emperors.

The Great Masters of this Order have now their Convent at Brianno, near the City of Venice, and live in great Grandure, being persons of Eminency, are subject to no Prince; have the power of coyning Money, restoring of Honours, giving Degrees with the Title of Doctors, creating of Poet Laureats, legi∣timating of Bastards; and are priviledged to sit at the Table with the Pope.

The Patron of this Order is St. George, and the blessed Virgin Mary their Protectress. Their Habit is a white Garment, on the left side of which is affixed a red Cross flory, made of Velvet; in the midst of which is the La∣barum embroidered after the form of the Letter X, with the Letters Ω upon the one Arm of the Cross, and A upon the o∣ther.

Knights of St. Peter at Rome.

THIS Order was instituted in Anno 1520. by Pope Leo the Tenth, to defend the Sea-Coasts, and to fight against the Turks. Their number was Four hundred; who were assigned to wear in an Oval of Gold the Figure of St. Paul.

Knights of St. George at Rome.

THIS Order was instituted by Pope A∣lexander the Sixth Anno 1498. But as Micheli saith, by Pope Paul the Third, for the Security of the Confines of the Adriatick Sea against Pirats, who for their Ensign wore a Cross of Gold, entow'red with a Circle of the same in form of a Crown.

Knights of St. Paul at Rome.

THIS Order was instituted by Pope Paul the Third in Anno 1540. Their Ensign was the Figure of St. Paul, which they wore hanging on a Chain of Gold.

Knights called Pios at Rome.

THIS Order was instituted by Pope Pius the Fourth in Anno 1560. which number at first was Three hundred seventy five, but afterwards encreased to Five hundred thirty and odd. Their Ensign is the Effigies of St. Ambrose, which they wear about their Necks, hanging on a Chain of Gold.

Knights of Loretto.

THIS Order was instituted in Anno 1587. by Sixtus Quintus; whose Ensign was the Figure of our Lady of Loretto hanging on a golden Chain.

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Knights of the glorious Virgin Ma∣ry of Rome.

THIS Order took its rise from three Bre∣thren of Spella in Italy, surnamed Pe∣trignanoes, in Anno 1618. and the cause of its institution was for. the advancement of the Romish Church, and the suppressing the Tur∣kish Rovers in the Mediterranean Sea. Pope Paul the Fifth approved of this Order, and gave them for their Convent the Palace of St. Iohn de Laterane; also the City and Port of Civita Vechia for their Arsenal of Gallies, together with the government of his Gallies. These Knights lived under the Rule of St. Fran∣cis d' Assise; and the Pope and his Successors are Great Masters.

The Badge, which these Knights wear on the left side of their Mantles, which is white, is a Cross of blew Satin embroidered with Sil∣ver, and bordered with Gold, having in the midst a round circle wherein is this Motto, In hoc signo vincam; and within the said circle is the Letters S. M. From the round cir∣cle issue forth twelve Rayes: The ends of the Cross are in fashion of Flower de lis; on each of which is a Star, which may signifie the four Evangelists, as the twelve Rayes do the twelve Apostles.

Knights of Iesus at Rome.

THIS Order was instituted in Anno 1320. by Pope Iohn the Two and Twentieth, at Avignon in France, and much enlarged by Pope Paul the Fifth. Their Badge is a plain red Cross, within a Cross Pat∣tee, Gold, which hangs on a gold Chain. And this Order was chiefly erected for the honour∣ing of some of the Nobles and Persons of Qua∣lity in his Territories.

Knights de la Calza in Venice.

THIS Order was instituted about the Year 1400. in honour of the Inaugurati∣on of Duke Michele Stelo, and consisted of a Society of Noblemen and Gentlemen, who entred into a Society, and elected a person of Eminence for their Chief; and afterwards the said Order was confirmed, and priviledges granted unto them.

On solemn days their Habit was a crimson Senator's Vest; and their Ensign was a Sun on a Shield, which they used as well for their Seal, as painted on their Banners.

Knights of St. Mark in Venice.

THE Ceremony in creating these Knights is much the same as the Knights Batchelors, being dubbed with the Sword, and their Title a bare mark of Honour only: They are not governed by Laws or Statutes; they have no Revenue, nor are they under any par∣ticular Obligation by Vow, as those of other Orders are. This Honour is conferred as well by the Duke of Venice, as by the Senate, up∣on Persons of eminent Quality, and on such as have merited well of this Commonwealth, which puts the greater esteem thereon.

Their Badge of Honour, wherewith they are adorned, is a gold Chain, which hangs over their Shoulders, to which depends a Medal; on the one side of which is the Emblem of St. Mark, viz. a Lion with Wings, holding in his right Paw a drawn Sword, and in his left an open Book with this Motto, Pax tibi Mar∣ce Evangelista meus. And upon removing the Body of St. Mark from Alexandria in E∣gypt (where he was buried) to this City, which was in the Year 828. This Saint hath been taken for their titular Angel and Guardi∣an; and his Picture was anciently painted up∣on their Ensigns and Banners.

Knights of St. George at Genoa.

THIS Order was instituted by Frederick the Third, Emperor of Germany, and dedicated to the honour of St. G••orge their titular Saint and Patron. Their Ensign is a plain Cross, Gules, which is fastned to a gold Chain, and wore about their Necks.

Knights of the Order of the pre∣cious Blood of our Saviour Ie∣sus Christ at Mantua.

IN Mantua 'tis reported that there is kept some of the Blood of our Saviour, with a piece of the Spunge in which he received the Vinegar and Gall; by which Reliques (as they say, great Miracles are wrought; And in honour of which Blood, as also for the defence and propagation of the Christian Religion, and for the more noble Cosummation of the Nup∣tial of Francisco, eldest Son to Vicentio de Gonzaga, fourth Duke of Mantua; this Or∣der was instituted about the Year 1608. and consisted of twenty Knights, of which the

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Great Master was one, who was the said Duke and Founder thereof.

Their Collar is composed of Ovals of Gold, some the length one way, and some another; in one of which were these words, Domine probâsti, and in the other flames of Fire slash∣ing about a crucible or melting Pot full of sticks of Gold; and at the same hanged another large Oval of Gold, wherein were two Angels stand∣ing upright, holding between them a Chalice crowned; on the Table of it were enameled three drops of Blood, and about the Oval this Inscription, Nihil isto triste recepto.

Knights of St. Stephen at Flo∣rence.

COSMO Duke of Florence and Sienna, having settled his Government, and li∣ving in a peaceable E••••ate, in Anno 1561. ere∣cted this Order, calling those that entred into the said Society Cavalieri de san Steffano. Their Statutes by him constituted are much the same with those of the Order of Malta; only these have the liberty to marry.

Their Ensign is a red Cross bordered about with Gold: Their chief place of Residence is at Pisa, where they have a Church, and a place of Residence built them by the Duke, as being near to the Haven, which receiveth the Gallies wherein these Knights should serve for the checking the Inroads of the Turkish Pi∣rates.

The Duke himself, and his Successors, is Great Master of this Order, under whom are divers other Officers of Reputation. Their Habit is a long Mantle of white Chamlet, and on the left part of the Breast a Cross of red crimson Satin, bordered with Gold; and on Festival days they wear a Ribon about their Necks.

Knights of the Knot in Naples.

THE Emperor Frederick the Se∣cond going in Pilgrimage to the Abbey of St. Gall in Anno 1213. gave great Priviledges in ac∣knowledgment of their Assi∣stance in pulling down the Emperor Otho, and establishing himself, and erected this Or∣der of Knighthood (which he conferred on several Noblemen) which Annually met at the Abbey of St. Gall on the Sixteenth of October, where all new Knights were to re∣ceive the Order from the Abbot, the Pa∣tron thereof; on which day such as were to be admitted into the Fraternity, were gird∣ed with a Military Belt (the Sword being first consecrated at the Altar) and adorned with the Collar of the Order.

But this Order took the Title of the Bear in memory of St. Vrsus of the Theban Le∣gion, who was martyred before the Tem∣ple of the Sun at Soleurre in Switzer∣land.

Unto this Order the Founder gave a Collar and a Chain of Gold, to which hung the figure of a golden Bear mounted on an Hillock, enameled with black.

But when this Country became a Common∣wealth, this Order was laid aside.

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DEGREES OF KNIGHTHOOD IN GERMANY.

Knights of the Tutonick Order of Prusia.

THE first Institutor of this Order was a wealthy Gentleman of Germany, who dwelt at Ieru∣salem after it was taken by the Christians, together with divers other men of his Country; and being exceed∣ing rich, kept an hospitable House, relieving all Passengers and Pilgrims that travelled to Ierusalem, insomuch that his House became (as it were) an Hospital: At length he built near unto his House a fair Church, which he dedicated to our Lady; and many Christians resorting thither, as well out of Devotion, as to visit the Sick, they resolved to erect a Fr••ternity; and having chosen a Great Ma∣ster for their Governor (which was about the Year of our Lord 1190.) they imitated the Knights Templars in their Military Employ∣ments, and the Knights Hospitallers in their Acts of Piety and Charity; and instituted several Orders to be observed amongst them, being much the same with those of the Knights Hospitallers and Templars, which were afterwards confirmed by Pope Celestine the Third: But their Habit was a white Man∣tle, and on the Breast thereof for their En∣sign they wore a black Cross voided with a Cross Potence.

The Holy Land being retaken from the Christians by the Sarazens, these Knights returned into Germany, where they had not continued long, ere they went to the Em∣peror Frederick the Second, and acquainted him that the people of Prusia (who were barbarous Idolaters) used Incursions upon the Confines of Saxony, and besought the Emperor's leave to make War upon them at their own Charges, but with this Con∣dition, that whatsoever they took should be theirs for the maintenance of the said Or∣der;

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which request being so reasonable was immediately granted them, and con••irmed under his Scal: And being thus encoura∣ged, forthwith took up Arms, in which they were so fortunate, that in a short time they not only subdued all that Province, but also passed the River Vistula, and con∣quered other people, who became their Tributaries, and received the Christian Faith.

These Knights thus increasing in Riches and Territories, they built divers Churches and Cathedral Temples, where resided Bishops, who were enjoyned to wear the Habit of the Order. And near unto the River Vistula was a great Oak, where (in Anno 1340.) they built the first Cas•••••• and Town, which afterwards took the Name of Mareenburgh, or Burgo 〈◊〉〈◊〉 St. Maria; where is now the chief Ch••rch belonging to this Order, to which belong∣eth so great Riches, that these Knights, for Men and Money, might compare with di∣vers Princes: But about the Year 1525. Albertus Brandenburgh being Great Ma∣ster, he renounced this Order, and became feudatory to Sigismond the First, King of Poland, who raised Prusia into a Duke∣dom, and this Albert was made first Duke thereof. But some of the Knights did af∣terwards elect a new Great Master, and settled in Germany; but the Order is now of small lustre.

Knights of St. Gereom.

THIS Order received its first Institution by Frederick Barborossa the Emperor, which consisted only of German Gentle∣men. Their Habit was a white Gown, whereon they wore a black Patriarchal Cross set on a green Hillock; and they fol∣lowed the Rule of St. Augustine.

Knights of St. George in Au∣stria and Carinthia.

THIS Order was erected (in Anno 1470.) by Frederick the Third, Em∣peror of Germany, principally for the guard∣ing the Frontiers of Germany, Austria, Ca∣rinthia, Stiria, and Hungary against the Incursions of the Turks, who before much harassed these parts: But since the Institu∣tion of these Knights they have received great checks.

Their Ensign is St. George's Cross, which they wear on their Garment, which is white. They profess Conjugal Chastity, and Obedience to their Great Master, whose Seat and Residence was the Castle of Mild∣stad in the Dukedom of Carinthia, where there was founded a Cathedral Church of Canons under the Rule of St. Augustine; and for their Protector they have or had the Emperors.

Knights of St. Michael the Arch-Angel.

THIS Order was instituted (in Anno 1618.) by Charles Gonzaga Duke of Mantua and Nevers, together with the contrivance of his Brother Adolph Count of Altham, and Iohn Baptist Petrignan Sfor∣tia, chiefly to establish peace and concord between Christian Princes and their Subjects, and to relate and redeem Captives. The year following this Order was received at Vienna by sundry Princes of divers Coun∣tries; and in Anno 1624. it was confirmed by Pope Vrban the Eighth.

Their Habit was a white Mantle, over which they wore a shorter of blew Silk, with Buskins also of blew, and a black silk Cap: About their Necks on a blew Ri∣bon hung a gold Cross of eight points, enameled blew; on the one side thereof was the figure of the Virgin Mary with our Saviour in her Arms; and on the other the figure of St. Michael treading the Dra∣gon under his Feet: And on the left side of their white Mantles was a Cross em∣broidered with blew Silk and Gold, in the midst whereof was the figure of the blessed Virgin with Christ in her left Arm, and a Scepter in her right hand, crowned with twelve Stars, surrounded with Rayes of the Sun, and a Crescent under her feet; all which was encircled with the Cord of St. Francis; and the four Angles of the Cross cast forth each of them a golden Flame. But some differences arising amongst the Founders of this Order, was the cause of its so sudden dissolution.

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Knights of St. Anthony in Hai∣nolt.

THIS Order was instituted (in Anno 1382.) by Albert of Bavaria, Earl of Hainolt, Zealand, and Holland, upon his Expedition against the Turks and Moors. Their Ensign was a golden Collar, after the fashion of a Hermit's Girdle, to which hung a walking Staff, and a little golden Bell.

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OF ESQUIRES. CHAP. XXV.

ALTHOUGH by the Civil Law there be no Gentlemen of Title under Knights, but all the rest went under the name of Peo∣ple; yet with us there are in this rank which have names of Prehemi∣nence, whereby they are in Degree above the rest, as Esquires and Gentlemen, all which give Ensigns of Coats of Arms, and thereby are distinguished from the meaner People; in which respect Bartoll's Tract de Ensignes calleth them Noble: but yet of weak Nobility; for it hath no further Pre∣rogative in it, than it makes them differ from the baser sort of People.

Of these two sorts of Gentlemen with us, the Esquire hath the Priority. But it seem∣eth if an Esquire be named Gentleman, or a Gentleman called an Esquire, it is no Offence or Fault in Legal Proceedings.

Esquire seemeth by the common Name we give him in Latin, to have his Original either for that he carried the Armour of the King, Duke, or other great Personage; as we read not only in Scripture, as Saul and Ionathan had their Armour-bearers; but in Poets and other profane Stories, we find that Troclus was Achilles's Armour-bearer, and Clytus Alexander's the Great; whereupon some write, that he whom we call Armiger in Latin is a Footman, that with a Spear, Shield, or Head-piece follow∣eth an armed Knight in Battel; or rather, as some other suppose, it is the Footman arm∣ed in the Field: But howsoever the words be taken, this is sure, That those men were of good accompt in the old time, as those that won themselves Credit out of War; and so their Estimation remaineth in their Posterity. And as those were in times be∣fore, so are these which are in our days, as descending for the most part from their wor∣thy Ancestors: And our Books of Common Law doth distinguish them thus, viz.

Knighthood is a Dignity, but Esquires and Gentlemen are but Names of Worship: And Brooks in the Abridgment of that Case, Title Nosman de Dignitie, 33. saith, To be a Knight est gradus; but to be an Esquire or Gentleman est status; for Gradus continet status in se, & non è contrario. Concerning the word Worshipful, read in the printed Book of Titles of Honour the first Part, fol. 124. & sequentia.

In times past every Knight had two of these waiting upon him, who carried his Murrion and Shield; and as inseparable Companions, they stuck close to him; because of the said Knight their Lord, they held certain Lands in Escuage, like as the Knight himself did of the King by Knights Service.

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The beginning of giving Arms in Europe amongst Christians is supposed from the Holy Wars; for the Turks paint them not: And so with us about Henry the Third's time they became here more firmly established: And when the Prince enobled any, he usually gave them the particular of his bearing in Blazon. Iohn Selden in his Preface, fol. 5. where you may also see an Example in King Richard the Second.

But now there are five distinct sorts of E∣squires observed; and those that have been already spoken of are now in no request. Of these sorts the principal at this day are the eldest Sons of Viscounts and Lord; next are all Noblemens younger Sons; then are ac∣counted those that are select Esquires for the King's Body; the next are Knights eldest Sons successively; in a fourth rank are reckoned those unto whom the King himself together with the Title giveth Arms, or createth Es∣quires by putting about their Necks a Silver Collar of SS. and in former times upon their Heels a pair of white silvered Spurs, where∣upon at this day in the Western part of the Kingdom they be called White-spurs, for di∣stinction from Knights who were wont to wear gilt Spurs; and to the first begotten Sons only of these doth this Title belong. In the fifth and last place be those that have any superiour publick Office in the Kingdom; as high She∣riffs, Justices of the Peace, &c. or serve the King in any worshipful Calling. At the Co∣ronation of Kings and Queens Knights of the Bath are made, men of worth and honourable blood, to the end that their Majesties may be accompanied in their own Honours, every of which Knights having two Gentlemen to at∣tend them in that Ceremony, who are ever af∣ter (by that Service) enabled to be Esquires during their lives.

But the name of Esquire in ancient time was a name of Charge and Office, and first crept in amongst other Titles of Dignity and Wor∣ship (so far as ever I could observe) in the Reign of King Richard the Second; vide Sir Thomas Smith de Republica Anglorum, fol. 26. where he saith, That the Esquire is no di∣stinct Order of the Commonwealth.

A Serjeant of the King's Kitchin may bear the Name and Addition of Cook or Esquire, according to the Opinion of Newton: But Ienne saith, Such Officers of his Majestie's Houshold would be much grieved if they should be named by their Trade or Office. Peradven∣ture in that case the Writ may be good, be∣cause of the Statute, viz. 1 Hen. 5. ch. 5. For the Statute is, That he should be named of the Town, Degree, State, Condition, or Myste∣ry; and when he was named Cook, he obser∣ved the Statute, for he hath named him by his own name of Mystery; and yet he may be in that case an Esquire, and a Cook.

If a man be an Esquire or Gentleman only by Office, and loseth the same, he loseth also that title of Gentility.

Note, That an Esquire or Gentleman is but an Addition to satisfie the said Statute; but names of Dignity are parcel of the name. And thereupon if a Praecipe quod reddat be against Iohn a Stiles Yeoman, and recovery is had, whereas the Tenant was a Gentle∣man, yet the Recovery is good. The same Law where a Release is made to Iohn a Stiles Yeoman, who is a Gentleman; and where ad∣dition is given by the party, where it needeth not by the Law (being no Dignity) it is void. So if a deed be made to a Gentle∣man by the name of a Yeoman; for there is a great difference between Deeds and Writs.

If an Esquire be to be Arraigned of High Treason, he may and ought to be tried per probos & Legales homines, that may expend Forty shillings of Freehold, or be worth One hundred pounds in the value of Goods: And so the Statute that doth speak of men of his condition hath always been put in ure, Dyer 99. b. Note a Knight hath no other priviledge by Statute or Common Law.

The King may make an Esquire by Patent, viz. Creamus te Armigerum, &c. Note the Preface to the printed Book of Titles of Ho∣nour, 5. b. & 318.

By the statute 21. Hen. 8. chap. 13. a∣mongst other things it is enacted, that the Brethren and Sons born in Wedlock of every Knight being Spiritual men, may every of them purchase License or Dispensation, and receive, take and keep two Parsonages, or Benefices with cure of souls.

The Son or Sons of any Knight, and heir apparent of an Esquire is priviledge to keep Greyhounds, setting Doggs, or Nets to take Pheasants or Partridges, though he can∣not dispend ten pounds in his own right, or in his Wives right of Estate of Inheri∣tance, or of the value of thirty pounds of Estate for life.

By the precedent discourse of Knights Batchelors we understand, that all persons by the common Law are compellable to take the degree of Knighthood, or to fine, if they are possest of such an Estate as the King and his Council shall judge fit to maintain that Port in their Country. And his annual Revenue deemed fit for that Dignity, and the fines im∣posed upon such as refused, we find in our Hi∣stories and Statutes to vary with the times; and certainly the best Esquires, or at least none under the Reputation of Gentlemen were compelled, although 'twas at the King's plea∣sure: And therefore 1 Edw. 2. Stat. de Mili∣tibus, the Parliament (saith Sanderson) more for ease of the Subject, than profit of the King, limited it to such as had Twenty pounds per Annum and better; and afterwards 'twas raised to Thirty pounds, and a plentiful Revenue in those times, when a Dowry of Three thou∣sand

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pounds per Annum to a Queen, was deem∣ed a great impoverishment to the Crown and Kingdom:) but the East and Western part of the World being laid open to the Merchants, money began to be more common, and by con∣sequence Land to its value; so that in the reign of King Charles the First Forty pounds per Annum being the rate set for such as ought to be made Knights, or to fine, many Farmers, Leaseholders, Merchants, Inholders, and o∣thers were called in, whereby above 100 thou∣sand pounds was brought into the Exchequer: Notwithstanding which divers persons made Friends, and took the Degree of Knighthood, which occasioned the extinguishment of the an∣cient Tax; For many Esquires by birth, wealth, and education, who bore the chiefest Offices of Honour and Trust in the Commonwealth, disdained to stoop or give place to those new dubbed Knights, countenanced the Complaints of the common people against the Law it self as a grievance, and prevailed so far in the fol∣lowing Parliament, to get it repeal'd, as you may see 17 Car. chap. 20. Since which time the difference between the Degree of Knighthood, and Dignity of an Esquire, consists only in Ti∣tle, a double rate in the Pole Tax, and priority of place, which (as I before noted) is often slighted; unless he be sufficiently qualified by Birth, Parts, or other generous Accomplish∣ments; or are Knights of the Field, who are never abridged of their merited Honour, be∣ing acquired according to the original Institu∣tion of that Degree amongst all Nations.

And we see our Parliament men, our She∣riffs, Justices of the Peace, and the Honoura∣ble Commanders, and Captains of Cavalry and Infantry, for the most Esquires at their first Election. By the Statute 23 Hen. 6. cap. 15. the Knights of the Shires shall be notable Knights, or else notable Esquires or Gentlemen, born in the same Counties for which they are chosen. See the Statute for the preservation of the Game 22 and 23 Car. 2. by which, and many other Statutes, they are equally priviledged with Knights and other persons of higher De∣gree. To represent therefore an Esquire, as now defined, is no easie task; but according to the ancient Rule, I take him for a Foot-Com∣mander.

The Atchievement of an Esquire differs from the Knight Batchelors only in the Helmet, as you may here observe. I shall also give you o∣ther Examples of Esquires, and amongst the rest the Atchievement of my Honoured Friend Robert Logan (vulgarly written Login) Son and Heir to Iohn Logan, Lord of the Mannor of Idbury in Oxfordshire, who was of the an∣cient House of Restalridge in Scotland, un∣fortunately ruined for their Loyalty to Mary Queen of Scots: He succeeded his Father at Idbury, was High Sheriff of the County; a man eminent for his Virtue and Learning (a∣mongst whose prayers this Manuscript was found) exemplar in his life for Charity and Conversation.

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If a Capias go against A. B. Yeoman, and if the Sheriff take A. B. Gentleman, an Acti∣on of false imprisonment lieth against the She∣riff: But if A. B. Yeoman be Indicted, and A. B. Gentleman be produced, being the same man intended, it is good.

If a man be a Gentleman by Office only, and loseth the same, then doth he also lose his Gentility.

By the Statute 5 Eliz. chap. 4. intituled An Act touching Orders for Artificers, Labour∣ers, Servants of Husbandry, and Apprenti∣ces, amongst other things it is declared, That a Gentleman born, &c. shall not be compelled to serve in Husbandry. If any Falcon be lost, and is found, it shall be brought to the Sheriff, who must make Proclamation, and if the own∣er come not within four Months, then if the ••inder be a simple man, the Sheriff may keep the Hawk, making agreement with him that took him: But if he be a Gentleman, and of Estate to have and keep a Falcon, then the Sheriff ought to deliver to him the said Falcon, taking of him reasonable costs for the time that he had him in Custody.

A Commission is made to take Children into Cathedral Churches, &c. one in anothers pla∣ces, where Children are instructed to sing for the furnishing of the King's Chappel: These general words, by construction of Law, have a reasonable intendment, viz. That such Chil∣dren, who be brought up and taught to sing to get their living by it, those may be taken for the King's Service in his Chappel, and it shall be a good preferment to them; but the Sons of Gentlemen, or any other that are taught to sing for their Ornament or Recreation, and not merely for their livelyhoods, may not be taken against their Wills, or the consent of their Pa∣rents and Friends. And so it was resolved by the two Chief Justices, and all the Court of Star-Chamber, Anno 43 Eliz. in the Case of one Evans, who had by colour of such Let∣ters Patents taken the Son of one Clifton a Gentlemen of quality in Norfolk, who was taught to sing for his Recreation; which E∣vans for the same offence was grievously pu∣nished.

And to the end it may withal appear, what Degrees of Nobility and Gentry were in the Realm before the coming of the Normans, and by what merits men might ascend, and be promoted to the same, I will here set down the Copy of an English or Saxon Antiquity, which you may read in Lambert's Perambu∣lation of Kent, fol. 364. and Englished thus:

It was sometimes in the English Laws, That the People and Laws were in Reputation, and then were the wisest of the People worship-worthy

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each in his degree, Earl and Churle, Theyne and Undertheyne. And if a Churle so thrived, that he had fully five Hides of Land of his own, a Church and a Kitchin, a Bell∣house and a Gate, a Seat and a several Of∣fice in the King's Hall, then was he thenceforth the Theynes right-worthy: And if a Theyne so thrived, that he served the King on his Jour∣ney, rode in his Houshold, if he then had a Theyne which him followed, who to the King's Expectation five Hides had, and in the King's Palace his Lord served, and thrice with his Errand had gone to the King, he might afterwards with his fore-oath his Lord's part play at any need; and of a Theyne that he became an Earl, then was thenceforth an Earl rightworthy. And if a Merchant-man so thri∣ved, that he passed over the wide Sea thrice of his own Craft, he was thenceforth the Theynes right-worthy. And if a Scholar so thrived through Learning, that he had degree and ser∣ved Christ, he was thenceforth of Dignity and Peace so much worthy, as thereunto be∣longed, unless he forfeit, so that he the use of his Degree remit.

It is observed, That the Saxons out of all those Trades of life which be conversant in gain, admit to the Estate of Gentry such only, as encreased by honest Husbandry or plentiful Merchandize. Of the first of which Cicero affirmeth, that there is nothing meeter for a freeborn man, nor no man fitter to make bra∣ver Souldier: And of the other, that 'tis prize-worthy also, if at the length, being satisfied with gain, as it hath often come from the Sea to the Haven, so it changeth from the Haven into Lands and Possessions. And therefore whereas Gervasius Tilburiensis in his Obser∣vations of the Exchequer, accounted it an a∣busing of a Gentleman to occupy publicum mercimonium, common buying and selling; it ought to be referred to the other two parts of Merchandize, that is to a Negotiation, which is retailing and keeping of an open shop, and to a Function, which is to exercise Mercery, or as some call it, to play the Chapman, and not to Navigation, which (as you see) is the only laudable part of all buying and selling.

And again, whereas by the Statute of Mag∣na Charta, chap. 6. and Merton, chap. 7. it was a discouragement for a Ward in Chivalry, which in old time was as much as to say a Gen∣tleman, to be married to the Daughter of a Bur∣gess; I think that it ought to be restrained to such only as professed Handycrafts, or those baser Arts of buying and selling to get their li∣ving by. But to shew how much the case is now altered for the honour of Tradesmen, it may be remembred, that Henry the Eighth thought it no disparagement to him, when he quitted his Queen, to take Anne the Daughter of Thomas Bullen, sometime Mayor of London, to his Wife.

The Statute of Westminster 2. chap. 1. which was made in the Thirteenth of King Edward the First, was procured especially at the desire of Gentlemen, for the preservation of their Lands and Hereditaments, together with their Surnames and Families; and therefore one calleth this Statute Gentilitium municipa∣le; and the Lawyers call it Ius Taliatum & Taliabile.

The Children only of Gentlemen were wont to be admitted into the Inns of Court, and thereby it came to pass, that there was scant any man found (in former ages) within the Realm skilful and cunning in the Law, ex∣cept he were a Gentleman born, and came of a good House; for they, more than any other, have a special care of their Nobility, and to the preservation of their Honour and Fame: For in these Inns of Court are (or at leastwise should be) Vertues studied, and Vices exiled; so that for the endowment of Vertue, and a∣bandoning of Vice, Knights and Barons, with other States and Noblemen of the Realm, place their Children in those Inns, though they de∣sire not to have them learned in the Laws, nor to have them live by the practise thereof, but only upon their Parents allowance.

You have heard how cheap Gentility is pur∣chased by the Common Law: but if you look more strictly unto the perfection thereof, you will find it more honourable; for Gentlemen well descended and qualified, have always been of such repute in England, that none of the higher Nobility, no nor the King himself, have thought it any disparagement to make them their Companions. Therefore I shall set down the priviledges due unto them, ac∣cording to the Laws of Honour, as I find them collected out of Sir Iohn Ferne, Sir William Segar, Mr. Carter in his Analysis of Honour, and other good Authors: It is thus found.

The Priviledges of the Gentry.

1. PRo honore sustinendo; If a Churle or Peasant do detract from the honour of Gentleman, he hath a remedy in Law, actione injuriarum; but if by one Gentleman to ano∣ther, the Combat was anciently allowed.
2. In equal Crimes a Gentleman shall be pu∣nishable with more favour than the Churle, provided the Crime be not Heresie, Treason, or excessive Contumacy.
3. The many Observances and Ceremonial Respects, that a Gentleman is and ought to be honoured with by the Churle or Ungentle.
4. In giving Evidence, the Testimony of a Gentleman is more authentick than a Clowns.
5. In Election of Magistrates and Officers by Vote, the Suffrage of a Gentleman should take place of an Ignoble Person.
6. A Gentleman should be excused from base Services, Impositions and Duties both Real and Personal.
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7. A ••••ntleman condemned to death ought not to be ••anged, but beheaded, and his Exa∣mination taken without Torture.
8. To take down the Coat-Armour of any Gentleman, to deface his Monument, or offer Violence to any Ensign of the de••eased Noble, is as to lay buffets on the face of him if alive, and punishment is due accordingly.
9. A Clown may not Challenge a Gentle∣man to Combat, quia conditiones ••mpares.

Many other are the Priviledges due to Gen∣tlemen, which I forbear to repeat, referring the Reader to the Books before cited.

For the protection and defence of this Civil Dignity they have three Laws: The first, Ius agnitionis, the right or law of descent for the kindred of the Father's side: The second, Ius Stirpis, for the Family in general: The third, Ius Gentilitatis, a law for the descent in Noble Families, which Tully esteemed most excellent; by which Law a Gentleman of Blood and Coat-Armour perfectly possessing Vertue was only priviledged.

To make that perfection in Blood, a Lineal Descent from Atavus, Proavus, Avus, and Pa∣ter on the Fathers side was required; and as much on his Mothers line; than he is not only a Gentleman of perfect Blood, but of his An∣cestors too. The neglect of which Laws hath introduced other sorts of Gentleman, viz. men that assume that Dignity, but are neither so by Blood nor Coat-Armour: which style only hur∣ries them to an unruly pride, which indeed is but rude and false honour, termed by Sir Iohn Ferne Apocriphate, and debarred of all privi∣ledge of Gentility. These Gentlemen nomine non re, saith he, are the Students of Law, Grooms of his Majesties Palace, Sons of Churls made Priests or Canons, &c. or such as have re∣ceived Degrees in Schools, or born Office in the City, by which they are styled Gentlemen, yet have they no right to Coat-Armour by reason thereof.

As to the Student of the Law, Sir I. Ferne allows him the best a••••urance of his title of Gen∣tleman of all these irregular Gentlemen, as he terms them, because he is named in some Acts of Parliament; yet (he saith) he is also debar∣red of all honour and priviledge by the Law of Arms.

And anciently none were admitted into the Inns o•• Court (as before noted) but such as were Gentlem•••• 〈◊〉〈◊〉 Blood, be their merits ne∣ver so great: ••or were the Church Dignities and Preferments bestowed indifferently a∣mongst the Vulgar. The Jews confined their Prie••••hood to a Family; but Ieroboam debased it in his Kingdom, by preferring the basest of his people to the best of duties. The Russians and some other Nations admit none to the study of the Law but Gentlemens younger Sons. The decayed Families in France are supported and receive new life from the Court, Camp, Law and Ecclesiastical Preferments; take the most solemn and serious, who contemn the World; if such are wanting, to fill up their Vacancies the Ingeniouser sort of the Plebeans are admitted: by which means their Church and State is in e••••eem and reverence, being fil∣led most commonly with the best Blood and Noblest by Birth amongst them; whereas with us every Clown, that can spare but mony to bring up his Son ••or any of those Studies, be∣reaves the Gentry of those Benefices, and robs them of their support; which grand abuse is the cause of the general Corruption in the State Civil and Ecclesiastick; whereas were this preferment made peculiar to the Gentry, they would stand more upon their Honour, and live without being a Burthen to their Relati∣ons.

The Atchievement of a Gentleman hath no difference with that of an Esquire, both their Helmets being close and sideways.

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OF YEOMEN. CHAP. XXVII.

THE Yeomen or Common Peo∣ple (for so are they called of the Saxon word Zemen, which sig∣nifies Common) who have some Lands of their own to live upon: For a Carn of Land, or a Plough Land, was in ancient time of the yearly value of five No∣bles, and this was the Living of a Stokeman or Yeoman: And in our Law they are called Le∣gal•• homines, a word familiar in Writs and In∣quests. And by divers Statutes it hath been enacted, That none shall pass in any Inquest unless they had forty shillings Free-hold in yearly Revenue, which maketh (if the most value were taken to the proportion of moneys) above Sixteen pounds of currant money at this present: And by the Statute of 27 Eliz. ch. 6. every Juror must have Forty pounds Lands. In the end of the Statute made 23 Hen. 6. c. 15. concerning the Election of Knights for the Par∣liament, it is ordered and expresly provided, That no man shall be such Knight, which stand∣eth in the degree of a Yeoman.

It appeareth in Lambert's Perambulation of Kent, 367. that this Saxon word Telphioneman was given to the Theyne or Gentleman, be∣cause his life was valued at One thousand two hundred shillings; and in those days the lives of all men were rated at certain sums of Mo∣ney: To the Churle or Yeoman, because the price of his head was taxed at Two hundred shillings. Which things, if it were not ex∣presly set forth in sundry old Laws yet extant, might well enough be found in the Etymology of the words themselves, the one called a Twelve hundred man, and the other a Twyhind for a man of Two hundred. And in this Estate they pleased themselves, insomuch that a man might (and also now may) find sundry Yeo∣men, though otherwise comparable for wealth with many of the Gentile sort, that will not yet for that change their condition, nor desire to be appareled with the title of Gentry.

By the Common Law it may appear in 1 Ed. 2. de Militibus, and 7 Hen. 6. 15. a. men that had Lands to the value of Twenty pounds per annum, were compellable at the King's pleasure to take upon them the Order of Knighthood; and upon Summons there came a Yeoman who might expend a hundred Marks per annum, and the Court was in doubt how they might put him off; and at last he was wa∣ved, because he came the second day.

By this sort of men the trial of Causes in the Country proceedeth ordinarily; for of them there are greater number in England than in any other place, and they also of a more plen∣tiful livelyhood; and therefore it cometh to pass, that men of this Country are more apt and fit to discern in doubtful Cases and Causes of great examination and trial, than are men wholly given to moil in the ground, to whom that Rural exercise engendreth rudeness of wit and mind. And many Franklins and Yeomen

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there are so near adjoyning, as you may make a Jury without difficulty; for there be many of them, that are able to expend One or two hun∣dred pounds per Annum.

As in the ancient time the Senators of Rome were elected a Censu; and as with us in confer∣ring of Nobility, respect is had to their Re∣venues, by which their Dignity and Nobility may be supported and maintained. So the Wisdom of this Realm hath of ancient time provided, that none shall pass upon Juries for the trial of any matter real or personal, or up∣on any criminal cause, but such as besides their Moveables have Lands for estate of life at the least to a competent value, lest for need or po∣verty such Jurors might easily be corrupted or suborned.

And in all Cases and Causes the Law hath conceived a better Opinion of those that have Lands and Tenements, or otherwise are of worth in moveable Goods, that such will com∣mit or omit nothing, that may any way be pre∣judicial to their estimation, or which may en∣danger their Estates, than it hath of Artificers, Retailers, Labourers, or such like; of whom Tully saith, Nihil proficiuntur, nisi ad modum mentiuntur. And by divers Statutes certain Immunities are given to men of Quality, which are denied to the Vulgar sort of People: Read hereof amongst other, 1 Iac. cap. 127.

By the Statute of 2 Hen. 4. chap. 27. amongst other things it is enacted, That no Yeoman should take or wear any Livery of any Lord upon pain of imprisonment, and to make Fine at the King's will and pleasure.

These Yeomen were famous in our Fore∣fathers days for Archery and Manhood; our Infantry, which so often conquered the French, and repuls'd the Scots, were composed of them, as are our Militia at present, who through want of use and good discipline are much degenera∣ted from their Ancestors valour and hardiness.

As the Nobility, Gentry, and Clergy have certain priviledges peculiar to themselves; so have the Commonalty of England beyond the Subjects of other Monarchs.

No Freeman of England ought to be impri∣soned, outed of his possession, dis••eised of his Freehold, without Order of Law and just cause shewed.

To him that is imprisoned may not be deni∣ed a Habeas Corpus, if it be desired; and if no just cause be alledged, and the same be return∣ed upon a Habeas Corpus, the Prisoner is to be set at liberty. By Magna Charta 9 Hen. 3. no Souldier can be quartered in any House except Inns, and other publick Victualling-houses, in time of peace, without the Owners consent, by the Petition of Right, 3 Car. 1. No Taxes, Loans, or Benevolences can be imposed but by Act of Parliament, idem.

The Yeomanry are not to be prest to serve as a Souldier in the Wars, unless bound by Te∣nure, which is now abolished: Nor are the Trained Bands compelled to march out of the Kingdom, or be transported beyond Sea, other∣wise than by the Law of the Kingdom ought to be done: Nor is any one to be compelled to bear his own Arms, finding one sufficient man qualified according to the Act aforementioned.

No Freeman is to be tried but by his equals, nor condemned but by the Laws of the Land. These and many other Freedoms make them most happy, did they but know it; and should oblige them to their Alegiance to their Prince, under whose power and government them∣selves, their Rights and Priviledges are pre∣served, and quietly enjoyed: yet such is the inconstancy of mens nature, not to be conten∣ted with the bliss they enjoy.

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THE SECOND PART; OR Honour Civil: AND Treateth of the Nobility and Gentry, according to the Laws and Customes of England. (Book 2)

CHAP. I.

Of Honour General and Particular.

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Of Gentry, and bearing of Arms.

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Principles of Honour and Vertue that every Gentleman ought to be endowed with.

Of Precedency.

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OF THE KING, OR MONARCH OF Great Britain. CHAP. II.

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OF THE PRINCE. CHAP. III.

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OF DUKES. CHAP. IV.

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The form of a Patent of the Duke of York, tempore Ia∣cobi.

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Ceremonies to be observed in the Creation of a Duke.

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OF MARQUISSES CHAP. V.

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