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

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

Table of contents

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Title page

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THE FIRST PART; OR Honour Military.

CHAP. I.

Of War, and the Causes thereof.

Of Souldiers.

Of Ambassadors or Legats.

Of War, and the natural Inclinations of the English to it.

Of Captains General, Marshals, and other chief Commanders.

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

CHAP. I.

Of Honour General and Particular.

Of Gentry, and bearing of Arms.

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

Of Precedency.

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

OF THE PRINCE. CHAP. III.

OF DUKES. CHAP. IV.

The form of a Patent of the Duke of York, tempore Iacobi.

Ceremonies to be observed in the Creation of a Duke.

OF MARQUISSES CHAP. V.

OF EARLES. CHAP. VI.

Injuries done to the Name and Honour of a Nobleman.

OF VISCOUNTS. CHAP. VII.

OF THE Lords Spiritual. CHAP. VIII.

Priviledges belonging to the Bishops are as followeth.

OF BARONS. CHAP. IX.

The Definition or Description of a Baron.

The Etymology of the Name of Baron.

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

The Tenor and proper signification of the word Baron.

CHAP. X. Barons by Tenure.

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

Question.

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

The second Argument.

The second Argument.

The first Argument contra.

The Second Argument contra.

The Third Argument contra.

The third Point.

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

Question.

Answer.

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

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

NOBILITY AND LORDS IN REPUTATION ONLY. CHAP. XIV.

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

Of Noble VVomen.

Ladies in Reputation.

OF KNIGHTHOOD IN GENERAL• CHAP. XVI.

KNIGHTS Of the most Noble Order of the Garter, OR St GEORGE. CHAP. XVII.

OF Knights Bannerets. CHAP. XVIII.

OF BARONETS. CHAP. XIX.

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

THE PRECEDENT OF THE PATENT OF Creation of Baronets.

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. Iacobi Regis, 1611.

KNIGHTS OF THE BATH. CHAP. XX.

OF Knights Batchelors, With what is incident to that Degree of KNIGHTHOOD According to the Laws of England. CHAP. XXI.

Observations concerning Knights Batchelors.

Of Degrading of Knights.

KNIGHTS OF THE Round Table. CHAP. XXII.

KNIGHTS OF THE THISTLE, OR OF St. Andrew in Scotland. CHAP. XXIII.

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

Knights of the Holy Sepulchre in Ierusalem.

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

Knights Templars.

Knights of St. Lazarus.

Knights of St. Bass.

Knights of St. Katharine at Mount Sinai.

Knights of the Martyrs in Palestine.

ORDERS OF KNIGHTHOOD IN SPAIN.

Knights of the Oak in Navarr.

Knights of the Lilly in Navarr.

Knights of the Band.

Knights of the Dove in Castile.

Ordo de la Scama in Castile.

Knights of the Lilly in Aragon.

Knights of Mount-joy.

Knights of Acon, or Acres.

Knights of St. James in Galicia.

Knights of St. Saviour in Aragon.

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

Knights of Calatrava in Castile.

Knights of Truxillo, or Trugillo.

Knights of our Lady, and of St George of Montesa in Valencia

Knights of St. Mary de Merced in Aragon.

Knights of the Rosary in Toledo •

ORDERS OF KNIGHTHOOD IN FLANDERS.

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

ORDERS OF KNIGHTHOOD IN PORTUGAL.

Knights d'Avis.

Knights of the Wing of St. Michael.

Knights of St. James.

Knights of Christ.

ORDERS OF KNIGHTHOOD IN FRANCE.

Knights of Iesus Christ.

Knights of the Passion of Iesus Christ.

Knights of the blessed Virgin Mary of Mount Carmel.

Knights of St. Michael.

Knights of St. Esprit, or of the Holy Ghost.

Knights of the Order of the Genet.

Knights of the Crown Royal amongst the Frizons.

Knights of our Lady of the Star.

Knights of the Thistle of Bourbon.

Knights of the Porcupine.

Knights of the Croissant of Anjou.

The Order of the Ermine in Bretagne.

DEGREES OF KNIGHTHOOD IN ITALY.

Knights of St. Mary the Glorious.

Knights of the Holy Ghost in Saxia at Rome.

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

Knights of St. Peter at Rome.

Knights of St. George at Rome.

Knights of St. Paul at Rome.

Knights called Pios at Rome.

Knights of Loretto.

Knights of the glorious Virgin Mary of Rome.

Knights of Iesus at Rome.

Knights de la Calza in Venice.

Knights of St. Mark in Venice.

Knights of St. George at Genoa.

Knights of the Order of the precious Blood of our Saviour Iesus Christ at Mantua.

Knights of St. Stephen at Florence.

Knights of the Knot in Naples.

Knights of the Argonauts of St. Nicholas in Naples.

Knights of the Ermyn in Naples.

DEGREES OF KNIGHTHOOD IN SAVOY.

Knights of the Annunciation.

Knights of St. Maurice.

Knights of St. Maurice and St. Lazarus.

A DEGREE OF KNIGHTHOOD IN SWITZERLAND, CALLED Knights of the Bear.

DEGREES OF KNIGHTHOOD IN GERMANY.

Knights of the Tutonick Order of Prusia.

Knights of St. Gereom.

Knights of St. George in Austria and Carinthia.

Knights of St. Michael the Arch-Angel.

Knights of St. Anthony in Hainolt.

Knights of the Tusin Order in Bohemia or Austria.

Knights of St. Hubert in Gulick or Juliers.

Knights of the Order of St. James in Holland.

DEGREES OF KNIGHTHOOD IN SWEDEN.

Knights of the Brician Order.

Knights of the Seraphins.

Knights of Amaranta.

KNIGHTS OF THE Order of the Elephant IN DENMARK.

DEGREES OF KNIGHTHOOD IN POLAND.

Knights of Christ, or of the Sword-bearers in Livonia.

Knights of the white Eagle.

KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY.

Knights of the Order of the Sword in Cyprus.

KNIGHTS OF Saint Anthony IN AETHIOPIA.

Knights of the Burgundian Cross in Tunis.

KNIGHTS OF THE West-Indies.

OF ESQUIRES. CHAP. XXV.

THE DEFINITION OR DESCRIPTION OF THE GENTRY OR Civil Nobility OF ENGLAND. CHAP. XXVI.

OF YEOMEN. CHAP. XXVII.

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THE SECOND PART OF Honour Civil: CHAP. I.

Its Government.

Courts appropriate to the City.

A List of the Names of the Lord Mayor, Aldermen, and Sheriffs that for this present year 1678 have the government of this Honourable City, with the Names of the six and twenty Wards to which the said Aldermen do belong, viz.

CHAP. II. Treats of the Cities of England, with the Shire or chief Town Corporate in each County; and first with Berkshire.

A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility.

FIRST PART. HONOVR MILITARY.

SECOND PART. HONOVR CIVIL.

A TABLE of the Effigies and Atchievements of the Nobility and Gentry in the Treatise of Honour Civil and Military.

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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 to Court and City.

Illustrated with variety of SCULPTURES sutable to the several Subjects.

LONDON, Printed by Tho. Roycroft, Anno Dom. MDCLXXVII.

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To the Right Noble Iames Duke of Monmouth and Buccleuth, Earle of Doncaster and D [...] Lord Scott of Askdale, Tendale, and Wichester, Lord high Chamberlaine of Scotland, cheife [...]y and Iustice in Eyre of all his Matys. Parks, Chaces, and Forests on the South side of Trent, Ld L [...] of the County and Steward of the Towne of Stafford, Lord Leivtenant of the East Rideing of York shire, Governor of the Towne and Citadel of Kingston upon Hull, Chancellor of [...] University of Cambridge, Master of ye Horse to his Maty, Captaine of his Matys. Guard of H [...] Knight of the Garter, Captaine Generall of his Matys. land Forces and one of [...] Lords of his Matys most Honourable privy Councell &ca. This Plate with the Treatise of Honor Military and Civill is in all Humility dedicated to your Grace, by m [...]

your Graces most Submissive Servant. Richard Blome.

‘HONI SOIT QVI MAL Y PENSE.’

THE FIRST PART; OR Honour Military.

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CHAP. I.

ALL Honours may not improperly be said to receive their Birth either from the City, Court, or Camp, which of all is esteemed the most worthy and honourable, raising some to Imperial and Princely Dignities, and disthroning others: And in all Kingdoms (even amongst the barbarous Americans) War hath ever been, and yet is, held in high esteem, and of great Importance; as well for the preservation of their Laws and Rights, as for the defence of their Dominions; for which War is permitted by the Laws of God, is taught by the Laws of Nature, and commanded by the Laws of Nations. And to excite men to valour and noble Atchievments, Reward, or Honours is conferred upon such that merits the same, according to their Deserts, for the defence of holy Church, their King, and Country.

War being therefore of such concern, it behoveth every prudent Prince, for the welfare of his People, to be always prepared for Peace or War, either Offensive or Defensive, both for Forreign Invasion, or the suppressing Domestick Insurrections; wherefore it hath been found expedient to joyn good Laws (the Friends of Peace and Rest) unto Arms; War being always accompanied with men of audacious and furious Spirits.

Iustinianus, for the uniting of Laws and Arms, appointed one Officer, called a Praetor, to command both Martially and Civilly; which Name the Romans continued for their General of War, and by his Office had Authority both Martial and Civil. By which it appears that War cannot endure without the assistance of Law: and wise men, in former Ages, did hold that Prudence and Power ought not to be separated; of which Opinion was Horace, saying, Vis expers consilii mole ruit sua. Likewise for the same reason, learned Writers were induced to commend valiant Captains and wise Counsellors, as it were joyntly and in one rank; for with Simonides they joyned Pausanias, with Craesus, Solon; and with Pericles, Anaxagoras.

Of War, and the Causes thereof.

DIscord is common to all men, and that occasioned either by Revenge for Injuries done, out of covetousness in gaining that which belongs to others; for ambition in gainning Fame by noble Victories, or such like [Page] Reasons; and this maketh one City to wage war against another, one Province to invade another, and whole Kingdoms to oppress one another, even to a Conquest if they can. Aristotle proveth that some men by nature are born to Command, and others to Obey: by which it appears that War is necessary, as well to compel those to Obedience, as the others to hold their Authority. The Romans did sometimes judge it convenient to make War only to train up their Youth fit for Service, and to keep them from idleness, which breedeth Intemperance and Dishonesty. And by Action, Princes that are martially inclined, have not only gained Renown, but also much enlarged their Dominions. Yet I am of the Opinion, That War ought not to be made without just cause, and when the Enemy cannot be perswaded to reason by Embassadors, prudent Princes and Commanders do not wage War unadvisedly; and when they do, they should follow the Example of Trajanus, who observed these Cautions; to be careful to supply the places of his slain Souldiers; to repress the enemies pride; and according to Military Discipline, constrain Mutiners to Obedience and Order.

Of Souldiers.

SOuldiers, or men professing Arms, according to Vlpianus, were called Milites à malitia, id est duritia; that is, were so named in respect of the hardness and danger they endure in defence of other people, or because they keep off the injuries which enemies do offer. He that desireth to enjoy the Honour belonging to Arms, ought first to prove himself a Souldier: which by the Civil Laws may be done three ways; the first is by Certificate from the Captain or Officers; secondly, he ought to make proof of his experience and manhood in Martial Affairs; and thirdly, to be registred in the List of received Souldiers: and none other properly ought to be termed Souldiers.

By ancient Custom, Souldiers always took an Oath not to abandon their Captain or Camp, not to commit Treason, nor consult with one another privately to cause mutining, and the like. Martianus the great Doctor, did reject Bondmen as persons unfit and unworthy to be called Souldiers; and no person that hath committed any infamous Crime, of which he is convicted, ought afterwards to bear Arms; so honourable is the Name and Dignity of a Souldier.

The persons excused from bearing Arms, are Priests, and all in Holy Orders, all Graduates in Schools, all men above the Age of 60 years, and those under the Age of 17 years.

Those Souldiers that had long served the Romans, either in their Legion, or elsewhere, and deported themselves obediently to their Officers, and honestly to all men, were called Veterani, and had great favour shewed them; and that when any Veteran had honestly served them the space of twenty years, he was then called Emeritus, and might have his dismission to end his days in peace and quietness, with the enjoyment of divers Immunities, besides signal marks of Honour according to their merit; which was a great encouragement to Youth to be trained up in Military Service, which oft-times they made use of, appointing Tutors to instruct them therein, and these they called Tyrones.

And as on the one hand the Romans rewarded them for good Service, so on the other they inflicted punishments according to the heinousness of the Offence; as for Treason, Disobedience, Abandoning their Colours, and Assisting the Enemy; also for Theft, Murther, and Cowardise, which they esteemed most vile. The experience of which was seen when Spractacus defeated the Romans, conducted by Crassus: For presently upon that dishonour, Crassus commanded a Decimation, and put to death a tenth man in every Legion, for not having couragiously behaved himself; which being done, he began the fight afresh, and although their number was lessened, yet were they victorious, and made havock of the Enemy. And if it happened that a Souldier was degraded for any Offence, it was deemed more dishonourable unto him, than a punishment either Corporal or Pecuniary.

The Donatives or Rewards which the Romans used to bestow on deserving Souldiers, were either advance of Honour, increase of Wealth, or both; and that more or less, according to their Deserts: some of which I shall here give account of. To him that had dismounted an Enemy (if a Foot-man) was given a pot of Gold, or a piece of Plate; and if an Horse-man, an ornamental Badge to be set on his Crest. He that first mounted the Wall of an Enemies Town or place of Fortification, had a Crown of Gold. Octavius Caesar, after the Philippian War, gave unto the Legionary Souldiers certain Crowns, and unto every Captain a purple Garment. Iulius Caesar, after his Triumph for Victory against Pharnax, gave unto every Souldier five thousand Groats, to every Leader twice as many, and to every Horse-man double so much. Pompeius having overcome Mithridates, before he triumphed, bestowed upon every Souldier five hundred Groats, and upon the Captains a far greater Reward. And Alexander Severus did usually say, That Souldiers would not live in awe of their General, if they were not well clothed, well fed, well armed, and some mony in their Purses.

Nor was the Romans slack in their Rewards unto their Generals; for besides rich Presents, they conferred Honour on them, and received them home with triumphal Arches; [Page] and to perpetuate their Fame, they erected Pillars, Statues, or Obylisks, to set forth their noble Victories.

But what need we fetch all these Examples from the Romans, when our modern Princes do the same: witness the high advance to Honour and Riches that our Soveraign, King Charles the Second, bestowed on that truly loyal and much deserving Subject, George late Duke of Albemarle, whom I shall anon take more occasion to speak of: Nor hath his Majesties Favour been only shewed on him, but on divers others, as their Merits deserved; some of which I shall also take occasion to speak of in place more convenient.

Of Ambassadors or Legats.

THE Office of an Ambassador is of so great Honour and Trust, that none are imployed therein, but such as are sufficiently known unto their Prince for Persons of Integrity, Prudence, Knowledge in State Affairs, and such as will be strict Observers of their Masters Commands. The Romans had so high an esteem for Ambassadors, that whensoever any came to Rome, he was first brought unto the Temple of Saturnus, where his Name was written before the Praefectiarii, and from thence he was conducted to deliver his Embasie to the Senate. Ambassadors ought to be in all Countries inviolable; and whoso offered Violence unto them, was thought to have done contrary to the Law of Nations: which caused Publius Mutius to command, That whosoever did assault an Ambassador, should be delivered up to the Enemy from whom the Ambassador was sent; and although the Enemy received him not, yet was he to remain an Exile.

Ambassadors are generally imployed by their Prince for the Confirming or Establishing of Peace, a Truce, or Leagues: To demand Restitution for things unjustly detained, or Satisfaction for Injuries done: To establish or adjust Commerce, or the like. And they are sent (and so likewise received) in some State and Grandure befitting so high a Dignity.

The Ceremonies, in many Countries, for the Confirming and Establishing of Peace, a Truce, and Leagues have been diversly used.

The Lacedemonians confirmed their Treaties with great Sacraments, swearing to observe the same justly, and without fraud. The Tartarians caused some weapon of War to be brought, and thereupon they took an Oath to observe the same; which done, they drank of the water wherein the weapon was washed. The Grecians (after the death of Cyrus the younger) confirming a Peace with Arieno, a Commander of a barbarous sort of people, caused a Bull, a Boar, a Wolf, and a Ram to be slain, and laid upon a Shield, and in the blood of those Beasts the Grecians dipt their Swords, and the Barbarians their Launces, each protesting to observe Fidelity and Friendship to each other. And the Romans used this Ceremony, that when Peace was made, the Praetor, the Consul, or Senate delivered to the Foecial an Herb called Verbena, or Grass pull'd up by the root, and therewith some Boughs of Verbena, together with a Flint taken out of the Temple of Iupiter Feretrius; which done, the Foecial caused a Sow to be brought to the Market-place, and holding a Scepter in his Hand, having his Head covered with a Cloath, he crowned himself with a Crown of Verbena; then beseeched he Iupiter, Mars, and the other Gods, that if any of the Parties failed to perform their Agreements, that then he should be stricken and slain like the Sow; after which Imprecations her Body was cut with the Flint, upon which they cast Fire and Water, and so their Sacrifice was solemnized.

Of War, and the natural Inclinations of the English to it.

IRrational Animals and Vegetables are not only subject to, and swayed by the Powers and Influences of the Climate under which they live, but likewise the Temperatures and Complexions of Mens Bodies, which also worketh different effects in their Minds and Dispositions: For proof whereof, Experience sheweth that the Italians and French (as well in former Ages as at present) are more naturally Courtly, and of brisker Spirits than the Flemmings: The Spaniards and Lybians more Agile and Crafty, subject to Choller, Malice, and Pride, than the Suede, Muscovite, or other Septentrional People remoter from the Sun, who are more inclined to Valour and Animosity, and the Nations proximate to the Sun have their Blood seccicated, which causeth Melancholiness, and are noted for the searching into the secrets of Nature. The Greeks are inclined to Anger, but noted to have been exquisite Mechanicks. The Egyptians and Iews are addicted to Superstition and Idolatry. The Turks and Tartars to Cruelty: yea, the careless Americans to Lust and Idleness, representing the Golden Age in their modern Lives, who are, according as Ovid fansies, the ancient World.

Contentique cibis nullo cogente creatus,

Arbutes fetus, montanaque fraga legebant.

Cornaque, & in duris herentia mora rubetis

Etque deciderant patula Jovis arbore glandes.

Content with Natures vain forc'd food

They gather Wildings, Strawberries of the Wood,

Sower Curnels, what upon the Bramble grows,

And Acrons which Joves spreading Oak bestows.

[Page]To draw home to Britain, a Microcosme of it self, situate under a temperate Clime, Fertile to the envy of many of her Neighbours, and blessed with all that is necessary for Human Life, producing Men endowed with all the Vertues that other People dispersed over the face of the Universe, can boast of, and principally with hearts that contemn death it self, which to other Nations is so dreadful, having an affection to Arms, and are covetous of Fame, Soveraignity, and Honour above other men.

But it may be objected, How then comes it to pass that we are confined within the narrow Bounds of our Brittish Seas? Secondly, Wherefore have we quitted our Claim to France, or suffered it to lye dormant so many Ages?

To the first may be Answered; That it was the piety of our Princes to content their selves within their own Limits, and were unwilling to be troublesome to other Princes, until our Henry the Second was supplicated by the Irish to commiserate their Calamities, and deliver them out of their Intestine Broyls, into which their irreconcileable Divisions and unchristianlike Fewds had plunged them. Thus by Composition, rather than Conquest, was our Soveraignity confirmed in Ireland, and the Charter signed by the Irish Princes and the Commonalty, which being transmitted to Rome, was confirmed by Pope Adrian about the Year 1174.

For France it may also be Answered; That we were constrained to vindicated a just Title to that Crown by force of Arms, when Arguments and fair Means would not prevail: and for the loss of it, 'tis apparent in all Histories, that our Discords at home, not the Courage or Force of France forced us to quit the same, gaining with few Blows what otherwise they would not so much as have attempted. Add hereunto the covetousness and envy of some of our Natives, who being themselves out of Command, will yield any tearms to a Forreign Enemy, rather than maintain an Army in pay for their security; by which facile Concessions and Peace thus purchased, we discourage our Souldery, suffer them to lose their Discipline, and to degenerate by Sloath and Idleness; (a Depravity which cost the Romans very dear at the beginning of their second Carthagenian War) being almost ruined before they could recover their former practise of Arms, but for us meliora spero.

War being in divers Cases just upon the Offensive part, and absolutely necessary on the Defensive, 'tis fit we consider the proper Definition thereof. It is generally said, to be the Exercise of Arms against an Enemy, but more properly 'tis a Contention between Princes or States, by force of Men under Discipline to obtain Victory: And the end of War is either to obtain Victory, or to live in Peace and Honour.

The Division of War (for so much as concerns England) may be of two sorts or kinds; viz. Terene and Naval; in open Field, or upon the Seas. The Art and Exercise of both are absolutely necessary, it being impossible for us to secure our Shoars, if we are not Masters of the Seas; nor were we ever victorious in our Transmarine Attempts, before our Enemies Naval Forces were conquered, as appears by the Histories of Edward the Third, Henry the Fifth, &c. Thus are our Oaken Castles our securest Bulwarks to defend us from our Enemies; nor can we offend them abroad without these floating Squadrons; how needful then is the excellent employ of Navigation to our Nation, and how glorious, or rather terrible might we be to the Universe, it we did more encourage it, by maintaining a Royal Navy, and having an Army ready upon any occasion; be it either by standing Troops, or a reformed and well disciplined Militia, which is held more grateful to the People in general.

Philip de Comines tells us of his own knowledge, That the English, at their first Arrival in France, were very raw, and ill disciplined Souldiers; but within the space of two or three weeks, which they spent in moderate Exercise, before the French could rally up a Force to engage them, they grew expert in their Weapons, and became fit for the Field-Service: from whence he concludes, That the English, of all People in the World, are the most prone to War, and aptest to make good Souldiers. Our late Actions at home and abroad justifie our ligitimate Succession from such valiant Ancestors; nor is there any thing so much wanting amongst us, as Encouragement to the truly generous Martial Spirits. Charles the Fifth advises his Son to preserve his old Souldiers from sloath by constant Exercise, and to train up the Youth of Spain under Leaders who had Lands, Goods, and Relations, to secure their Loyalty to the Crown, if they were naturally addicted to Arms; because sense of Honour, or shame of Punishment, with the loss of Estate, must necessarily prevail more with such, that can be expected from others who carry all their Interest in their Persons, and have nothing to care for but their own safety. Also the priviledge of wearing a Martial Robe; the priority of place in some publick Assemblies, or the like, would much encourage Youth to Martial Discipline. Nor is this only a Spanish Device, but 'twas the practise of the Romans, who had their several Triumphs for their Victorious Generals, and also particular Rewards for their private Souldiers. He who had first boarded an Enemies Ship, entred their Camp or Garrison, slain one of their Captains in Combat, taken a Standard, &c. was rewarded with a Silver Crown of form denoting his Exploit, with a Collar of Gold, or the like; the wearing [Page] [...] which in their Theatres was prized [...] to the possession of a Seignory without [...]ch an Honour. We read of a young man [...] Scipio's Army, who had done gallant Exp [...]o [...]ts in a Battel under him, so that he deserved such a Reward as aforesaid; Scipio judging of his mind, gave him a good sum of Money, exhorting him to persevere in his Valour: but he with a sad countenance laid down the Gold at Scipio's feet, demanding of him the Honourable Ensign of Victory in lieu of the Gold, preferring Glory before Gain; for which noble Act he was not only commended, but advanced by the General, as most fit for Honour and Office, having a Spirit free from the sordid Vice of Covetousness, which blasts the Fame of many a valiant Captain, and ruins many a brave Army. It were to be wished that such Roman Spirits were now to be found amongst us, and then 'tis probable the War might have proved more succesful: but nowadays such true Valour gives place to Interest, and to an Officer of Fortune, the dread of being disbanded makes a Victory more fatal to him than a Foil; for who will beat his Enemy, that must feel a want when he has none to appear against? What then more serviceable than a well disciplined Militia to be imployed upon all occasions, at Sea and Land? For the Officers (as men of Estates) would be glad to win Honour with hazard of their Lives; and if they should return with the loss of a Limb, would not put the King to the Charge of a Pension: And for the Souldiers, when dismist, may immediately fall to their Trade, or to Husbandry, pleasing themselves to tell their Neighbours the Story of their Adventures. Thus the large Armies of Horse, which support the Turkish Empire, are maintained. Thus is Poland preserved from the power of the Turk: and by this very way were our Kings anciently guarded, their Castles defended, their Forces for Conquest, as well as Defence, mustered up (viz. by Knights Service) as our Histories and Law Books sufficiently demonstrate.

Of Captains General, Marshals, and other chief Commanders.

AN Army may be provided, a Navy rigged, manned, and equipped, but the chief and most difficult task is to find a Generalissimo worthy of Command, one upon whose Conduct the hope of the War depends; I mean not in the force of his Person, but in his Knowledge in Military Affairs, in his Magnanimity, which comprehends the four Cardinal Vertues, viz. Prudence, Justice, Temperance, and Fortitude; in his Authority, and in his Disposition to engage the Affections of his Souldiers, without which they will hardly be brought to do him Honour, nor their King and Country good Service, as might be demonstrated by several Examples, were it convenient.

It behoveth a General, not only to Conduct his Army, but carefully to provide for them Provisions as well as Ammunition, and to shew himself prudent, patient, cautious, and liberal unto them, indeavouring to gain by love what he might command from them by power. And this made Homer to call Agamemnon a Pastor of People, because he carefully looked after the safety of his Army. Theodosius the Emperor did not command the meanest of his Souldiers to do any thing, but that he himself would sometimes do. And Antonius did sometimes march on foot, and carry in his Hand the general Ensign of the Army, which was very ponderous, to shew that his Souldiers should not refuse to undergo any Labour that should be required from them.

Amongst the many good properties required in a General, nothing is more commendable than Liberality; and on the contrary, Covetousness as much detestable: for hard it is to attend the Affairs of War, and be overmuch in love with Money. Yet that Commander, who with Honor and good Conscience can attain to Wealth, is not to be disliked; for thereby he may upon an emergent occasion supply the wants of a necessitated Army. And that General is most to be esteemed, who (as a Souldier) knoweth how to offend his Enemy, to govern his own Forces, patiently to suffer want, and to endure labour. heat, and cold: For sometimes it is found, that he who hath Authority to command, wanteth another to command him, for want of true knowledge of those things that belong unto his Office; for it is more difficult for a General or Commander to know what belongeth unto him, than to execute the Office of that place, seeing that Skill must precede Action, and use go before Commandment.

It is expedient for all Princes and Commanders to be well read in Histories, and principally those that concern the Actions of their Ancestors. And this (as some believe) caused King Edward the Third (when he made War against Robert the Second, King of Scots) to order a certain Monk to attend him in that Expedition, to write down all the Actions of that Enterprize. Mahomet the Second, Emperour of the Turks; endeavoured much to know the Histories of his Predecessors, and gave liberally unto one Iohn Maria of Vincenza, to write the Victories he obtained against Vssancassan King of Persia. Much more praise and honour is due unto those Commanders, that by long Service, and due degrees of War, have deserved the Titles [Page] appertaining unto Arms, and bear about them the Scars and Marks of true Valour.

A General of Horse (according to Plato) ought to be made by the consent of the whole Army. The Praefecti or great Commanders were elected by those Souldiers that bare Targets: The Tribuni militum had their advancement by the voice of Men at Arms; and other Captains or Commanders of a lower quality were chosen by the chief General. And that Person that in Service was most painful, in Actions most industrious, in Perils most resolute, in Counsel most provident, and in Execution most quick, was by the Chieftains elected for their Emperor.

Leo the Emperor, in his Book entituled, The Preparation for War, speaking of the Election of a General, saith, That to know the generosity of a Horse, or a Dog, we have regard to his proper Operations, rather than to the Dam or Sire which begot him; even so the Nobleness of a Man ought to be considered by his proper Valour and Vertue, and not by the Blood of those that brought him into the World, neither of the Glory of his Ancestors, which oft-times degenerates. I confess, to aim more at the Nobleness of the Blood than at the necessary Vertues of the Person chosen, is a dangerous Error in time of Action, and proved fatal to Phocas the Emperor, when he sent his Nephew Manicel against the Sarazens, being a young Man of no Experience, yet stubborn in his Resolves; who, contrary to the Vote of his Council of War, followed his Enemy till he was drawn by them into certain Streights, and hemmed in, and the most part of his Army slain. Fazelli lib. 6. Dec. 2. Hist. Sicili.

A Charge of so grand an Import ought therefore to be bestowed upon a worthy Person, whose Vertues have been tryed in times of trouble, one (if to be found) whose conduct hath been crowned with Success. The Commander, whose Helmet hath been usually canopied with the Plumes of Victory, will not quickly be forsaken of his Souldiers in the uttermost Extremity; they still expecting the same Fortune should attend him, as Iulius Caesar oftentimes experienced: nor is it an easie task to engage an Enemy against him upon equal terms.

An experienced, liberal, and tender affectionative General to his Souldiers is then the Man: and the more Illustrious by Birth the better; Equality causing Emulation, which some convert to envy, and that oftentimes ends in inveterate Malice.

Never have we been more fortunate than in our Royal Armies when we have had a King, or an Heir Apparent to the Crown, the Head thereof; witness our Victories in Palestine and Cyprus under King Richard; our many victorious Henries and Edwards; the Battels of Cressey, Poictiers, and Agincourt; our grand Victory at Sea in the Dutch War under the Conduct of his Royal Highness Iames Duke of York. Nor are we at present destitute of Captains of the Blood Royal, which are endowed with all Virtues and Princely Qualities requisite for so great Imploy: Let me but mention his Royal Highness the Duke of York, and all Christendome will second me, to his eternal Fame; that neither Alexander, Caesar, nor any other old Captains shewed greater Courage or Skill, passed through greater perils by Land or Sea than he hath done; nor is there any Person in Europe that can justly dispute for Glory with him, or whose Life hath been so illustrious. Let us but consider, How that at Twenty years of Age he had traced most part of Christendome to encounter glorious Actions; that since he has been engaged in all sorts of Combats, wherein he hath been Conqueror: That he hath appeared magnanimous in Campaigns, Leguers, Battels, and Seiges by Land; in the most furious and dreadful Sea fights, in which he hath given life to some Enemies, and taken it from others: His escaping such Hazards, and passing by Domestick Broyls with a Princely Scorn, would half perswade a credulous person that he had evaded the time of dying, and that for the World's general good it were decreed, he should endure as long as the Sun and Moon to support the Grandure of the Brittish Monarchy, in the Person of his Sacred Majesty King Charles the Second, and his lawful Successors.

Next to his Royal Highness, we may justly commemorize his Highness Prince Rupert, Duke of Bavaria, Count Palatine of the Rhine, Duke of Cumberland, Earl of Holderness, &c. who from his Birth was designed for Warlike Atchievements: for the calamities that followed that illustrious Family from Bohemia to the Palatinate, forced the Queen and this Infant Prince into the Low Countries, where he passed his tender Age in the practising the knowledge of Military Affairs; insomuch that at about the Age of Thirteen years he marched under the command of the Prince of Orange to the Seige of Rhineberg, and proved so good a Proficient in that rough Study, that at the Age of Eighteen he was thought fit to command a Regiment of Horse in Germany. In the Battel of Lemgow, 1638. being taken by the Imperalists under the Command of Count Hatzfield, he remained a Prisoner above three years, till by the Mediation of his Uncle, the King of Great Brittain, he was set at Liberty: And in requital of which kindness, hearing that England was in an uproar, he posted hither, and tendered his Service to his Uncle, who in Anno 1642 graciously received him; and at a Chapter held at [...]ork, was made Knight of the most Noble Order of the Garter. 'Twas then [Page] [Page]

The Effiges of the Right Noble George, late Duke of ALBEMARLE. Earle of Torrington Baron Moncke of Potheridge [...] Beauchamp and Teys, Knight of the Noble order of the Garter, Lord Leiutenant of Devonshire. Captaine Generall of all his Majestyes Land Forces. Ioynt Admirall with his Highness Prince Rupert in the last Dutch Warr [...] one of the Lords Comissioners of his Majestys Treasury [...] one of the Gentlemen of his Bedchamber &-one of ye Lds. of his most Honble. privy Councell &ca.

Edw. Le Davis sculp

[Page] a time of Action, and each party endeavoured to gain a Reputation by their Valour at the opening of the War; in which his Highness had the Fortune to rout a party of the Rebels Horse near Worcester, commanded by one Colonel Sands. The Prince being made General of his Majesties Cavalry, he had Fieldroom enough to exercise his Courage, and shew his Conduct. Divers Incounters, and some pitched Fields are sought with various success, viz. at Edghill, the taking of Cirencester, the raising of the Siege of Newark, Litchfield and Latham-house, the taking of Bristol, and those bloody Battels at Newberry and Marstou-moor, in all which he was a principal Actor, and in some the chief Commander. And as an acknowledgment of his Majesties Favours for these his many hazards and good Services done, he was created Duke of Cumberland; and in Anno 1644. was made Generalissimo of his Majesties Forces in the room of General Ruthen: He marcheth from Oxford with the King Northwards. In May 1645. takes Leicester by storm; but hearing that Fairfax and Cromwell had beleaguer'd Oxford, he returns, diverts their Design, and fights the fatal Battel of Naisby against them: Is afterwards besieged in Bristol by Fairfax, which he surrenders upon Articles; and thence marcheth to Oxford, where he continued, till the King despairing of any relief, quitted the Garrison, and went into Scotland. Oxford being delivered up, the Prince takes the be [...]fit of the Articles of Surrender to transport himself into France: was afterwards Admiral of such Ships as left the Rebels to pay their Duty to their Soveraign Prince, in which he ran many hazards, and escaped the perils of the Seas; but his Brother, Prince Maurice, perished in a Hericane. At last he returns to Paris to the King, and from thence goes into Germany, where he remained till his Majesties most happy Restauration, by whom he was affectionately invited and welcomed into England in Anno 1662. and made a Privy Councellor. In the year 1666. was joyned Admiral with the Duke of Albemarle against the Dutch Fleet, and rescued him from the danger that he and his Squadron were in, being assaulted by the Dutch's whole Fleet, when ours was unhappily divided; but the Prince's seasonable Assistance secured our Honour, and put the Enemy to a shameful flight. In the year 1673. he went Admiral to Sea against the Dutch. These his Actions are remunerated by a Pension of Four thousand pounds per Annum; and the Wardenship of Windsor Castle. Thus you see the life of a Hero to be like a Voyage at Sea, composed of Calms and Tempests, which unexpectedly succeed each other.

Thus in a Victor's Garland oft we see,

Laurels with Cypress intermixed be.

But I could lose my self in the Admiration of these Objects, were I not again surprized by the late Generous and Noble Exploits of the Heroick Prince, Iames Duke o [...] Monmouth, whose brave Spirit disdaining to be confined to the ease of a Court life, contemning the soft pleasures of Peace, seeks out Dangers abroad, makes Bellona his Mistress, de [...]ies death in his ascent to Honour, and thus immortalizes his Name throughout Christendome by his Valour and Conduct at Mastricht, in Anno 1673. To affect Glory in Youth is becoming a Royal Birth; and to begin with Victory is a happy Omen of Future Success. In a long progress of time a Coward may become a Conquerour: Some others from mean Adventures, passing through gross Errors, grow to Experience, and in time perform great Exploits: But as there are few Rivers Navigable from their first Fountain; so are such Men doubtless very rare and singular, who have not any need either of growth or years, nor are subject either to the Order of Times, or Rules of Nature. Proceed brave Prince in the path you have so fairly traced out, and let the World see your renowned Valour.

Of a lower Orb, we may justly boast of our English Fabius, General Monk, who so wisely wearied out Lambert by his delays, and cajoled the rebellious Rump Parliament. He was a Person of great Valour, Experience and Prudence, whose Loyalty and Conduct hath given him a never dying Fame to be celebrated by the Pens and Tongues of all good Subjects, whilst the Name of Britain lasteth. His Exploits were truly great, his Success in his Conduct renowned with too many Victories to be here inserted: Let it suffice to say he was bred a Souldier, and after the many risks of Fortune got the Art to mannage that fickle Lady so well, that he triumphed over his Foes both in War and Peace, acted the part of a good Politician, the trusty old Cushai, confounding the Counsel of Achitophel, to preserve his Royal Master, and was the blessed Instrument of his Majestie's most happy Restauration to his Crown and Dignity, and the Kingdom to its pristine Laws and Liberties, securing to himself and Posterity that well purchased Title of the most High, Potent, and Noble Prince George, Duke of Albemarle, Earl of Torrington, Baron Monk of Potheridge, Beauchamp and Teys; besides which Hereditary Titles, he was Knight of the Noble Order of the Garter, one of his Majesties most Honourable Privy Council, and Captain General of all his Majesties [Page] Forces during life; an Honour and Office scarce ever before intrusted in the hands of a Subject in times of Peace. He lived the darling of his Country, dearly beloved of his Majesty, and all the Royal Stem, and dreadful to our Forreign and Home-bred Foes, but laden with Love, Honour, and Years. He yielded up his Life to the Hands of him that gave it, and departed in peace the Third Day of Ianuary, Anno Dom. 16 69/70. lamented by all good Subjects.

—Post funera Virtus.

We have many more that by Experience and Conquest are very well known to be eminent Warriers, whose Noble Acts were enough to fill large Volumes, and whose worthy Atchievements will be recorded in the Histories of that Age for an Encouragement to Posterity, the Effigies of some of which I have here lively represented to your View.

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The Effigies of ye. Right Honble: Charles Earle of CARLISLE Viscount Morpeth Baron Dacres of Gillsland, Lord Leiutenant of Cumberland & Westmoreland Vice Admirall of ye. Countyes of North [...]mberland Camberland Westmoreland ye Bishoprick of Durham. The Towne & County of Newcastle & Maritin parts There adiacent & one of his Matyes most Honble priuy Councell &ca

Abra. Bl [...]thing sculp.

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The Effiges of the Right Honble. William Earle of Craven, Viscount Craven of Vffington, Baron Craven of Hampsted-Marshall, Lord Leiutenant of the County of Middlesex, and Borough of Southwarke, and one of the Lords of his Majestys most Honble. privy Councell &ca.

[Page] [Page]

This Portraiture is in memory of Bertram Ashburnham of Ashburnham in Sussex, who in the tyme of King Harold was Warden of the Cinqueports, Constable of Dover and Sheriff of the said County. and being a person in soe great power at the Landing of William the Congueror, King Harold (who was then in the North) sent him a Letter to raise all the force under his Comand to withstand the Invador. And when the King cam [...] vp to oppose y• Conqueror, the said Bertram (who had an eminent Comand in the Battle) received soe many wounds that soon after he dyed thereof And since which tyme (through the mercy of god) the Said family (in a direct male line) have euer since continued at Ashburnham aforesaid, and are the present possessors thereof.

Edw: Le Davis Sculp.

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

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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 naturally 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 Excellency therein. Some Learned Writers say, That Honour consisteth in exterior Signs; and Aristotle calleth it Maximum bonorum exteriorum: Others say it is a certain Reverence in Testimony of Vertue. Honour is of greater 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 punishments, which he called Damnum, Vincula, 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.

[Page]The next was by them called Corona Muralis, 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 Reward 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 Victorious in the Olympian Games.

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

Corona Obsidionalis, given to a General Leader 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 Poets.

Corona Populea, which was given to young men that were industrious, and inclined to Vertue.

Aristotle makes four kinds of Civil Nobility, 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 Kingdom. Which made Diogenes to tearm Nobleness 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 perpetuate 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 honourable 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 imitate his Vertues.

If any person be advanced by lawful Commission of his Prince, to any Place, Dignity, or publick Administration, be it either Ecclesiastical, Military, or Civil, so that the said Office comprehends in it Dignitatem, vel dignitatis titulum, he ought to be received into the Degree of Gentility. And a Man may be ennobled by Letters Patents from his Prince, though he have not the Superiour Titles 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 Degrees; of which Six are called Noble, as a Gentleman, Esquire, Knight, Baronet, Baron, and Viscount: and four others are called excellent, as an Earl, Marquis, Duke, and Prince.

There are Nine sundry Callings of Gentlemen.

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 degree descended from the first.

3. The third is a Gentleman of Coat Armour, 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 ever; then he may by vertue thereof bear the Coat of the Lord's making, the Herald approving thereof: But if any of the Blood of that Lordship be yet remaining, he cannot bear the same.

5. The fifth is a Christian man, that in the Service of God and his Prince kills a Heathen Gentleman, he shall bear his Arms of what degree soever (a Knight Banneret excepted) and use his Atchievement without any 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 another 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 Gentleman which is an Enemy to his Prince, from his Banner of Arms the English Souldier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentleman 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-Armour, by the Courtesie of England he may bear hers.

[Page]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 Gentleman of Blood.

8. The Eighth is called a Gentleman untryal, as brought up in an Abby, and serving in good calling, and also is of kind to the Abbots.

9. The Ninth is called a Gentleman Apocrifate, 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 estimation, being such from whence the others do proceed.

As some write, Nobility began to be advanced shortly after Noah's Flood: For when possessions were given by the consent of the people (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 without 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 Hector of Troy bore Sable, two Lyons combattant, Or.

It is written by an ancient Author, called Gesta Trojanor [...] that a Knight was made before 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 accepting 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 before the Flood, and smote him nine times on the right shoulder, in token of the nine Vertues 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 Religion; 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 Orphans; To reverence Magistrates, and those placed in Authority; To cherish and encourage Truth, Vertue, and Honesty, and to eschew Riot, Intemperance, Sloth, and all dishonest Recreations and Company; To be of a courteous, gentle, and affable deportment to all men, and to detest pride and haughtiness; To be of an open and liberal heart, delighting in Hospitality [...] according to the Talent 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 comprehended under two Heads, viz. Nobiles Majores, and Nobiles Minores. Those comprehended under Majores are Dukes of the Royal Blood, Archbishops, Marqui [...]es, Earls, Viscounts, Bishops, and Barons: And those under Minores are Knights of the Garter ( [...]f no otherwise dignified) Knights Bannerets, Baronets, Knights of the Bath, Knights Batchelors, Esquires, and Gentlemen. And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour, as shall be shewed in the Chapter of each particular Degree.

Touching place of Precedency amonst the Peers, or those under the Name of Nobiles Majores, it is to be observed, That all Nobles 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 Nephews 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 Chancellor, [Page] or Lord Keeper of the Great Seal, the Archbishop of York, the Lord Treasurer of England, the Lord President of the Privy Council, and the Lord Privy Seal. Next Dukes, Marquisses, Dukes eldest Sons, Earls, Marquisses eldest Sons, Dukes younger Sons, Viscounts, Earls eldest Sons, Marquisses younger Sons, Bishops, Barons, Viscounts eldest Sons, Earls youngest Sons, Barons eldest Sons, Privy Councellors, Judges, and Masters of the Chancery, Viscounts younger sons, Barons younger sons, Knights of the Garter (if no otherwise dignified, which is seldom sound) Knights Bannerets, Baronets, Knights of the Bath, Knights Batchelors, Colonels, Serjeants at Law, Doctors, and Esquires, which may be comprehended 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 Esquires attending upon Knights of the Bath at their making; And 5. Officiary Esquires, as Justices of the Peace, Barresters at Law, Lieutenant Colonels, Majors, and Captains; and lastly Gentlemen.

Note, That these great Officers of Court, of what Degree soever they are of, take place above 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 Chamberlain 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 precedency according to the Degree or Quality of their Husbands.

☞ Note, That in a Volume lately published by me, entituled Britannia, being a Description of his Majesties Dominions, in page 33. the precedency of the Nobility and Gentry is treated of, wherein the Masters of the Chancery are placed next after Serjeants at Law, which Error happened 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 Royal, his Majesty being present, to all Privy Councellors, Master of the Wards, Chancellor, 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 reason 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 Nobility 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 Gentlemen born, take place amongs [...] them: Thus all Deans, Chancellors, Prebends, Doctors of Divinity, Law, and Physick, are usually placed 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 Artillery, Quarter-Master General, &c.

All Batchelors of Divinity, Law, and Physick, all Masters of Arts, Barrestors in the Inns of Court, Captains, and other Commissionate Officers in the Army, or those by Patent-places 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 usage is to the Laws of Honour, see the Chapter of Gentlemen.

I think it here convenient to give you an Account of the Cavalcade of his M [...]ties passing 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. [Page]

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

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The Effigies of ye Right honble: Anthony Earle of Shaftsbury, Baron Ashley, of Wimbourne, St Giles, & Ld. Cooper of Pawlet; Ld. High Chancellor of England, Ld. Leiutenant of the County of Dorset, and [...]one of ye Lords of ye. most honble. Privy Councell [...] to King Charles y•. 2d. Anno Domini [...]673.

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[Page]Masters of standing Offices, Tents 1. in Cloaks.

Masters of standing Offices, Revels 1. in Cloaks.

Masters of standing Offices, Ceremonies 1. in Cloaks.

Masters of standing Offices, Armory 1. in Cloaks.

Masters of standing Offices, Wardrobe 1. in Cloaks.

Masters of standing 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 Normandy, 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, Marshal 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 governed Common-wealths, a distinction of persons is necessary; and the policy of this Realm of England, for the Government and Maintainance 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 comprised, 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, Viscounts, and Lords Spiritual and Temporal.

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

It is observed, that our Law calleth none Noble 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 Majesty 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 [Page] King's great Council of Parliament as Barons, and in right only of their Baronies: And therefore by the general Name of Barons of the Realm, and for the Baronage thereof, we under [...]and the whole Body of the Nobility; the Parliament Robes of the Dukes differing nothing 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 according 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 Baronies: For although originally all the possessions 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 Clarendon 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 enjoyeth the same priviledges.

And by experience it is found, That Dukes and all other degrees of Nobility in Cases Criminal are tryed by Barons, together with Marquisses, 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 therefore 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 claritate, which being in part of distributive Justice, 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 Competitors 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 consis [...]eth in the Execution of that part of distributive Justice, which concerneth the advancement 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 prohibit 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 potestatis.

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 demanded, 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 mutual, and as it were natural, power of Monarchies according to the Laws of Nations, have dismissed 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 Authority of Parliament, wherein he seemeth to be in all things made as a Subject born, [Page] 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 Ambassador, 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 Nobility 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 Posterity be the Heirs of a Nobleman of Scotland or Ireland, yet he is none of the Nobility 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, whereunto 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; although 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 Observation, for the highest and lowest Degrees are universal; and therefore a Knight (Engglish 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 Denmark, 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 abate.

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 Liberty of any other, although in another Kingdom, when the Offender may be found in the King's Houshold: according to that which happened at Paris in the Fourteenth year of Edward the First, when Engelram of Nogeut was taken in the Houshold of the King of England (the King himself being then at Paris) with silver Dishes lately stoln; at which deed the King of France did claim Cognizance of the Plea concerning that. Theft by Jurisdiction of that Court of Paris. The matter being diversly debated in the Council of the King of France, at length it was Ordered, That the King of England should use and enjoy that Kingly Prerogative of his Houshold, who being Convicted by Robert Fitz-Iohn Knight, Steward of the King's Houshold, of the Theft, by consideration of the said Court, was hanged on the Gallows in St. Germans Field.

And here by the way may be noted from those recited Books alledged, That the person of the King in another King's Dominions is not absolutely priviledged, but that he may be impleaded for Debt or Trespass, or condemned for Treason committed with in the said Dominions: For it is the general Law of Nations, that in what place an Offence is committed, according to the Law of the said place they may be judged, without regard to any priviledge. Neither can a King in any other Kingdom challenge any such Prerogative of Immunity from Laws: For a King out of his proper Kingdom hath not merum Imperium, but only doth retain Honoris titulos & dignitatis; so that where he hath offended in his own Person against the King in whose Nation he is, per omnia distringitur, etiam quoad personam. And the same Law is of Ambassadors, ne occasio daretur delinquendi. That Ambassadors are called Legats, because they are chosen as fit men out of many; and their Persons be sacred both at home and abroad, so that no man may injuriously lay violent hands upon them, without breach of the Law of Nations, and much less upon the person of a King in a strange Land.

Bracton, a Judge of this Realm in the Reign of King Henry the Third, in his first Book, and eighth Case, saith, There is no respect of Persons with God; but with men there is a difference of Persons; viz. the King, and under him Dukes, Counts, Barons, Lords, Vavasors, and Knights. Counts, so called, because they take the Name from the County, or from the word Sociati, who also may be termed Consules of Counselling; for Kings do associate such men unto them to govern the People of God, ordaining into great Honours, Power, and Name, where [Page]they do gird them with Swords, that is to say, Ringis gladorium. Upon this cause were the Stations and Encampings of Arms, called by the Romans Castra, of the word Castrare, since they ought to be Castrata vel Casta. In this place ought a good General to foresee that Venus Delights be (as it were) gelded and cut off from the Army. So Sir Iohn Fern's Book, entituled The Glory of Generosity; Ring, so called quasi renes girans & circundans, for that they compass the Reins of such, that they may keep them from Incest of Luxury; because the Luxurious and Incestuous persons are abominable unto God. The Sword also doth signifie the Defence of King and Country.

And thus much in general of the Nobility of England. Now followeth a more particular Discourse of each particular Degree; and first of his Majesty, the Fountain from whence all these Rivulets and swelling Streams of Honour's Spring.

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The most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine [...] France, and Ireland [...] Defender of the faith &ca.

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The Effiges of the most high and mighty Monarch CHARLES the second by the Grace of God King of Great Britaine; France, and Ireland; De [...]ender of the faith. &c [...]

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

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MONARCHY is as ancient as Man, Adam being created Soveraign Lord of the Universe, whose Office was to govern the whole World and all Creatures therein. His Posterity (after his Death) dividing into Tribes and Generations, acknowledged no other Dominion than Paternity and Eldership. The Fathers of Nations were instead of Kings, and the Eldest Sons in every Family were reverenced as Princes, from whence came the word Seignior amongst the Italians and French, and Seignories for Lordship and Dominion; of which Seneca makes two kinds, viz. Potestas aut Imperium, power to command, & Proprietas aut Dominium, Property or Dominion.

These Empires in the Golden Age were founded upon natural Reverency and Piety; their Power was executed with the soft Weapons of paternal perswasions, and the greatest penalties that they inflicted upon the most Capital Criminals was the malediction of their Primogenitors, with an Excommunication out of the Tribes: But as Men and Vice began to increase, Pride and evil Examples overshadowed Filial Obedience, and Violence entred upon the Stage of the World, the mighty Men tru [...]ling in their own strength, oppressed the Feeble, and were at length forced to truckle under the tyranny of others more Gygantick than themselves, which necessitated them to submit to Government for self-preservation, many housholds conjoyning made a Village, many Villages a City, and these Cities and Citizens confederating established Laws by consent, which in tract of time were called Commonwealths; some being governed by Kings, some by Magistrates, and some so unfortunate as to fall under the yoak of a popular Rule, Nam Plebs est pessimus Tyrannus.

The first Chiefs or Kings were men of Vertue, elected for their Wisdom and Courage, being both Reges & Duces, to govern according to their Laws in Peace, and to lead them forth to Battel against their Enemies in time of Hostility. And this Rule proving more safe for the people, honourable amongst [Page] 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 Mistress of Fools in some, and of Wisdom in others, in the Ages sequent necessitated them again to quit the [...]orm of Election, and to entail the Soveraign Power in the Hereditary Loyns of their Kings, to prevent the fatal consequence of Ambition amongst equal pretenders in popular Elections.

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

This Island of Great Britain, when Barbarism was so happy as to submit to a Regal Power (as Caesar in his Commentaries witnesseth) then divided into many Kingdoms; under which Government of Kings (with some small alterations, according to the necessity of times and pleasure of Conquerors) it hath flourished, descending from the British, Saxon, Danish, Norman, and Scotch Kings, to our gracious Soveraign Charles the Second, into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body, under a Head, unto which each one may justly claim an interest.

God hath thus restored our ancient Government, and seated our Soveraign in the Throne of his Ancestors, giving him a power just and absolute, as well to preserve as curb his people, being not only Major singulis, but Major universis; and his power is super totam Rempublicam, which I thus prove, Either the whole power of the Commonwealth is in one, or not; if not, then he is no absolute King or Monarch; but if he be (as all must yield) a Monarch, I ask if there be a power in the Commonwealth which is not in him? Is it subordinate to his power, or not? If subordinate, than his power is above that power, and so super totam Rempublicam & Major universis; if it be not, then there are a simul & semel to Supream Civil Powers in the same individual Kingdom and Gubernation, and yet divided against it self, which is most absurd and impossible. This in Answer to a monstrous Pamphlet, which the lasciviousness of our late unhappy Wars produced, which asserted Rex minor universis. But the Divine Providence hath (I hope) put a period to all such Trayterous Tenents, and concluded such Disputes by Acts of Parliament; so that no person for the future shall dare to question who hath the right of making Peace or War, the power of Militia by Land and Sea, all strong Holds and Forts, &c. being the inherent right of the English Monarchs by their Prerogative Royal.

The King is God's Vicegerent, and ought to be obeyed accordingly: If good, he is a blessing; if bad, a judgment: and then against whom we are to use no other weapons but prayers and tears for his amendment. He is styled Pater Patriae, & Caput 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 Parliament (then all Roman Catholicks) in the behalf of Henry the Eighth writ to the Pope, declaring that his Royal Majesty is the Head, and the very Soul of us all; his Cause is the Cause of us all, derived from the Head upon the Members; his Griefs and Injuries are ours, we all suffer equally with him. Camden in his Britannia, fol. 100. calls the King the most excellent part of the Commonwealth, next unto God. He is under no Vassuage; he takes his Investure from no man. Rex non habet Superiorem, nisi Deum: satìs habet ad poenam, quod Deum expectat ultorem.

In England, France, Spain, &c. Kings are styled Dei Gratia, &c. and as the French King is said to be Rex Francorum Christianissimus, the most Christian King of France; The King of Spain the most Catholick; The Emperour the Defender of the Church: So the Kings of England, by a Bull from Pope Leo the Tenth, sent to King Henry the Eighth (for a Book of Controversie written by him against Luther) have the Title of Defenders of the Faith; and by Act of Parliament he is declared Supream Head of the Church of England.

It is the manner also for Kings to write in the plural Number (which is God's own style) Mandamus, Volumus, &c. and in the Scripture we find them called Gods, in which sense they may be styled Divi, or Dii, quia Dei Vicarii, & Dei voce judicant.

Our Lawyers also say, Rex est persona mixta cum Sacerdote, habet Ecclesiasticam & Spiritualem Iurisdictionem. This shews the King's power in Ecclesiastical Causes, being anoynted with Oyl as the Priests, and afterwards the Kings of Israel were; which signifies his person to be both Sacred and Spiritual. And therefore at the Coronation hath put upon him a Priest's Garment, called the Dalmatica, or Colobium, and other such Vests. And before the Reformation, the King, as a Spiritual person, received the Sacrament in both kinds. He is capable of holding Tithes; all Extra-Parochial Tithes, some Proxies, and other Spiritual profits belong to the King.

The Ceremonies at the Coronation of the King are many, and with us in England more than in many other Countries; As the Anoynting with Oyl, which is proved by Mr. Selden to be of above one thousand years standing; the Crown set upon his Head with many Religious Ceremonies: besides the Ensigns of [Page] 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 Archbishop of Canterbury, Inunguntur Reges in Capi [...]e, etiam pect [...]re & brach [...]is, quod significat 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 Scotland, Ireland, Man, and other Isles) being in a manner like that of an Earls now. Neither is it found that any such thing as a Diadem was at all in use, until the tune of Constantine the Great: For before the distinction was some kind of Chaplet, or rather a white silk Fillet about the Head, which was an ordinary way to distinguish them. And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus.

The first King that was crowned with this Imperial Crown floried and arched, was Henry the Third, but some say Henry the First, and indeed it is left in dispute. However, it is very probable and plain, That the ancientest Ensign of Regal Authority was the Scepter, which is every where spoken of, both in Scripture and Prophane History.

There is another Ensign of their Authority, which is a Globe or Mound with a Cross, which hath been in use amongst us ever since Edward the Confessor's time, which is placed in the left hand, as is seen in most of their Coyns: The Cross denoting his Faith, the Globe his Empire by Sea and Land; as 'tis said of Iustinian the Emperor, who was the first that ever used it.

The Office of the King of England, according to Fortescue, Pugnare bella populi sui & eos rectissime judicare, to fight the Battels of his people, and to see Right and Justice done unto them: or more particularly (as is promised at the Coronation) to preserve the Rights and Priviledges of Holy Church, the Royal Prerogatives belonging to the Crown, the Laws and Customs of the Realm, to do Justice, shew Mercy, keep Peace and Unity, &c.

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

The King being Principium, Cap [...], & [...]inis Parli [...]menti, may of his meer will and pleasure Convoke, Adjourn, Remove, and Dissolve Parliaments: He may, to any Bill that is passed by both Houses of Parliament, refuse to give his Royal Assent, without rendring a Reason; and without his Assent a Bill is as a [...]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 Parliament: and he may refuse to send his Writ to some others that have sate in former Parliaments. He hath alone the choice and nomination of all Commanders and Officers for Land and Sea-service; the choice and election of all Magistrates, Counsellors, and Officers of State; of all Bishops, and other Ecclesiastick Dignities; also the bestowing and conferring of Honours, and the power of determining Rewards and Punishments.

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

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

Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship; and until the King's Debts be satisfied, he may protect the Debtor from the Arrest of other Creditors. He may 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 Landlords: He may distrein where he pleaseth, and sue in any of his Courts.

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

In case of loss by Fire, or otherwise, his Majesty granteth Patents to receive the Charitable Benevolences of the people.

No Forest, Chase, or Park to be made, nor [Page] Castle, Fort, or Tower to be built without his Majesties especial Licence.

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

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

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

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

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

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

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

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

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

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

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

His Majesty is 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 presentation in due time by the Bishop, are elapsed to the King. All Treasure Trove (that is Money, or Gold and Silver plate, or Bullion found, and the owners unknown) belongs to the King: So doth all Waifs, Strays, Wrecks, not granted away by him, or any former Kings. All waste Ground or Land recovered from the Sea: All Lands of Aliens dying before Naturalization or Denization, and all other things whereof the property is not known: All Gold and Silver Mines, in whose Ground soever they are found: Royal Fish, as Whales, Sturgeons, Dolphins, &c. Royal Fowl, as Swans not mark't, and swimming at Liberty on the River, belong to the King.

In the Church the King's prerogative and power is 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 Bishop, or take possession of the Revenues of the Bishoprick, without the King's special Writ or Assent. He is Guardian or Nursing Father of the Church, which our Kings of England did so reckon amongst their principal Cares; as in the Three and twentieth year of King Edward the First, it was alledged in a pleading, and allowed; The King hath power to call a National or Provincial Synod; and with the advice and consent thereof to make Canons, Orders, Ordinances and Cons [...]itutions to introduce into the Church what Ceremonies he shall think sit; to re [...]orm and correct all Heresies, Schisms, and p [...]nish Contempts, &c,

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

In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops, granting Faculties, conferring Holy Orders, Ecclesiastical Censures, the Oath Ex Officio, Non-Residency, &c. The Queen being much incensed, forbade them to meddle [Page] in any Ecclesiastical Affairs, for that it belonged to her prerogative.

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

The King cannot devest himself or his Successors of any part of his Royal Power, Prerogative, and Authority inherent and annext to the Crown; nor bar his Heir of the Succession, no not by Act of Parliament; for such an Act is void by Law.

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

The King of England acknowledgeth no Superior but God alone; not the Emperor, Omnem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio; yet he giveth Precedency to the Emperor, Eo quod antiquitate Imperium omnia regna superare creditur.

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

The honour of Precedency amongst Christian Kings is often disputed by their Ambassadors and Commissioners representative at General Councils, Diets, publick Treaties, and other Honourable Assemblies at Coronations, Congratulations in Foreign Countries, &c. which by the best Information I can get is thus stated; As to England, next to the Imperial Ministers, the French take place, as being the largest Realm in Christendom, and most Noble, since Charles le mayne, their King, obtained the Imperial Diadem; the second place in the Western Empire was undisputably the right of our English Kings, so enjoyed for hundreds of years, 'till Spain grown rich and proud by the addition of the Indies, claimed the priority, yet could not gain it till their Charles the Fifth was Elected Emperor; but after his Resignation, the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Philip the Third, King of Spain at [...]oloign in France, Anno 1600. Our Ambassadors were Sir Henry Nevil, Iohn Harbert, and Thomas Edmonds, Esquires; and for Spain, Balthazer de Coniga, Ferdinando Carillo, Io. Ricardett, and Lewis Varreyken. The English challenged precedency as due to them before the Emperor Charles his time, as doth appear by Volatteram in the time of our Henry the Seventh, when the like difference being in question, '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.

OF THE PRINCE. CHAP. III.

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

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

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

At his Creation he is presented before the King in Princely Robes, who putteth a Coronet upon his Head, a Ring on his middle Finger, a Verge of Gold in his Hand, and his Letters Patents after they are 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 Coronet, formerly of Crosses and Flower de lis, mixed. But since the happy Restauration of his Majesty it was solemnly ordered, that the Son and Heir apparent to the Crown of England shall bear his Coronet of Crosses and Flower de lis with one Arch, and in the midst a Ball and Cross, as hath the Royal Diadem. That his Royal Highness the Duke of York, and all the immediate Sons and Brothers of the Kings of England, shall use and bear their Coronets, composed of Crosses and Flower de lis only: But all their Sons respectively, having the Title of Dukes, shall bear and use their Coronets composed of Leaves only, as the Coronets of Dukes not being of the Royal Blood.

Note, That by Order, not Creation, our present King was admitted Prince of Wales, had the Principality with the Earldom of Chester, &c. confirmed to him by Patent, and was allowed to hold his Court apart from the Kings.

The Prince by the Common Law is reputed as the same Person with the King, and so declared by Statute temp. Hen. 8. The Civilians say, the King's eldest Son, during his Fathers life, may be styled King by the Law of Nations, because of his so near Relation to the Crown, that if the Father die he is ipso momento Rex, though he be not crowned. A usual custome in Spain, and once allowed here to Henry, Son of King Henry the Second; yet he holdeth his Seigniories and Principalities of the King, as Subject to him, and giveth the same respect to him as other Subjects do.

[Page]He hath certain priviledges above other persons: To him it was permitted by the Statute 24 Hen. 8. cap. 13. to wear Silk of the colour of Purple, and cloth of Gold, of Tissue in his Apparel, or upon his Horse. And by the Statute 24 Ed. 3. ca. 2. Takings shall not be from henceforth made by others than the Purveyors of the King, of the Queen, and of the Prince their eldest Son: And that if any mans Purveyor make such takings, it shall be done of them as of those that do without Warrant, and the Deed adjudged as a thing done against the Peace and the Law of the Land; and such as do not in manner aforesaid, shall be duly punished.

To eschew Maintenance, and nourish Peace and Amity in all parts of the Realm, many Statutes have been made in the Reign of King Henry the Fourth, prohibiting the giving of Signs or Liveries to any but Menials; nevertheless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honourable Liveries or Sign to the Lords, or to his Menial Gentlemen; and that the same Lords may wear the same as if they were the King's Liveries; and that the Menials of the Prince may also wear the same as the King's Menials. But afterwards by occasion of divers other Statutes made by sundry Kings, for the suppressing o [...] that enormity of Maintenance, and of the general word in them, that priviledge of the Prince was abridged, or rather taken away, therefore the Statute 12 Ed. 4. cap. 4. was made.

By the Statute 21 H. 8. cap. 13. the Prince may retain as many Chaplains as he pleaseth, although all other of the Nobility (except those of the Blood Royal) are constrained to a certain number; and they, or any of them, may purchase Licence and Dispensation, and take and retain two Parsonages or Benefices with Cure of Souls.

By the Order of the Common Law, the King may Levy a reasonable Ayd of all his Tenants, as well of those that did hold their Lands of him by Knights Service, as in Soccage, pur faire fitz Chevalier, & pur File marrier, and the sum of Money was not in certainty.

Note that the Ayd is not to be recovered before the Son be of the Age of Fifteen years, and the Daughter accomplish the Age of Seven years: Fitz. Natur. B. 28.6. But in the King's pleasure, till by the Statute in the 25 Ed. 3. cap. 11. it was Enacted, That for the Knighting his eldest Son, and marrying his eldest Daughter as aforesaid, the Ayd following shall be demanded and levied, viz. of every Knight so holden of the King (without mean) 20 s. and no more; and of every 20. l. of Land holden of the King (without mean) in Soccage, 20 s. and no more. And so after this rate for the Lands in Soccage; and for Land in Tenure of Chivalry, according to the quantity of the Fee.

By another Statute made in the said 25th of Edward the Third, cap. 2. amongst other things it is declared, That to compass or imagine the death of the King's eldest Son and Heir, is Crimen laesae Majestatis; or if a man do violate the Wife of the King's eldest Son and Heir, it is High Treason. And so the Statute 26 Hen. 8. cap. 13. doth declate. And so was the ancient Common Law of this Realm, and not a new Law made by the Statute, Coke 8. part 28. b. but this Statute is a Manifestation and Application of the ancient Common Law in this Case.

Because the people were in ambiguity, Whether Children born in parts beyond the Sea, and out of the King's Dominions, should be able to demand any Inheritance within his said Dominions, or not; It was declared at a Parliament holden at Westminster in the Seventeenth of King Iames, for the removing of those doubts, That les Enfants du Roy, the Children of the Kings of England, in whatsoever parts they are born in, are able, and ought to bear the Inheritance after the death of their Ancestors.

Read the Statute in Coke's Seventh Part, 8. a. where you shall see, that though generally the Birth-place is observed, yet many times Legiance and Obedience without any place in the King's Dominions, may make a Subject born: For we see by Experience almost in every Parliament, that Ambassadors, Merchants, and the King's Souldiers do sue therein, in such Cases, to have their Children Naturalized, or made Denisons. And in the Articles confirmed by Parliament touching the Marriage between Philip King of Spain and Queen Mary, Anno primo Parliamenti 2. cap. 2. a special Proviso was to bar him from being Tenant by the Courtesie of the Crown, in case he should have Issue by her, and survive; which was superfluous, because the Common Law would have denied it. For this last point see the Lord Chancellor's Speech in the Case Postnati, f. 36.

But note, If an Alien Enemy come into this Realm, and his Wife, English or Stanger, be here delivered of a Child, this Child notwithstanding his Birth-place, is an Alien born, for want of Allegiance in the Parents, ibid.

King Henry the Third did create Edward his eldest Son the first Prine of Wales, and did give unto him the Dominion and Dignity thereof, to be holden of him and his Heirs, Kings of England: And after that time the eldest Sons of the Kings of England have been Princes of Wales; and as incident to the State and Dignity of a Prince, did and might make Laws and Statutes, and use Jurisdiction and Authority, as amply as any King of that Nation could do; for Wales was a Kingdom in ancient time: but by a Statute made the Twelfth of Edward the First, Wales was incorporated and united to England, and became part thereof.

Also by another Statute made 27 Hen. 8. c. 24. [Page] a general resumption of many Liberties and Franchises heretofore granted, or taken from the Crown, as the Authority to pardon Treasons, Murder, Manslaughter, and Felony; also power to make Justices in Oyer, Justices of Assize, Justices of the Peace, Goal deliveries, and such like; so that from thenceforth the King's eldest Son hath only the Name and Style of Prince of Wales, but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents; as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent, may appear.

HENRY by the Grace of God, King of England and of France, Lord of Ireland, &c.

To all Archbishops, Bishops, Abbots, Priors, Dukes, Earls, Barons, Iustices, Viscounts, Governors, Ministers, and to all our Bayliffs and faithful Subjects, Greeting.

Out of the Excellency of Royal Preheminence, like leaves from the Sun, so do inferior humours proceed; neither doth the integrity of Royal Lustre and Brightness, by the natural disposition of the Light affording Light, feel any loss or detriment by such borrowed Lights; yea, the Royal Scepter is also much the more extolled, and the Royal Throne exalted, by how much the more Nobleness, Preheminencies and Honours are under the power and command thereof. And this worthy Consideration allureth and induceth us, with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward, in whom we behold and see our self to be honoured, and our Royal House also, and our people subject to us; hoping by the grace of God, by conjecture taken of his gracious future proceedings to be the more honourably strengthened, that we may with honour prevent, and with abundant grace prosecute him, who in reputation of us is deemed the same with us. Wherefore by the counsel and consent of the Prelates, Dukes, Earls, Viscounts, and Barons of our Kingdom, being in our present Parliament, We have made and created, and by these Presents do make and create him the said Edward, Prince of Wales, and Earl of Chester: And unto the same Edward do give and grant, and by this Charter have confirmed the Name, Style, Title, State, Dignity, and Honour of the said Principality and Connty, that he may therein in Governing Rule, and in Ruling direct and defend; we say by a Garland upon his Head, by a Ring of Gold upon his Finger, and a Verge of Gold, have according to the manner invested him, to have and to hold, to him and his Heirs, the Kings of England for ever. Wherefore we will and command for us and our Heirs, that Edward our Son aforesaid shall have the Name, Style, Title, State, Dignity, and Honour of the Principality of Wales, and of the County of Chester aforesaid, unto him and his Heirs, the Kings of England for ever: These being Witnesses, the Reverend Father John, Cardinal and Archbishop of Canterbury, Primate of England, our Chancellor, and William Archbishop of York, Primate of England, Thomas Bishop of London, John Bishop of Lincoln, William Bishop of Norwich, our most well beloved Cosins Richard Earl of Warwick, Richard Earl of Salisbury, John Earl of Wiltshire, and our well beloved and faithful Ralph Cromwel Chamberlain of our House, William Falconbridge and John Stourton, Knights.

Dated at our Palace at Westminster the 15th day of March, and in the year of our Reign 32.

And here by the way may be observed, That in ancient time, and in the time of the English-Saxon Kings, the use was as well in pennings of the Acts of Parliament, as of the King's Letters Patents, when any Lands, Franchises, or Hereditaments did pass from the King of any Estate of Inheritance; as also in the Creations of any man unto Honour and Dignity, the Conclusion was with the sign of the Cross in form aforesaid, his testibus, &c. But long since that form hath been discontinued; so that at this day, and many years past, the King's Patents for Lands, Franchises, and Hereditaments do conclude with Teste me ipso. Nevertheless in all Creations of Honour and Dignity of Letters Patents, the ancient form of concluding His testibus is used at this day.

And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince, who is the Firstbegotten Son of the King, and Heir apparent to the Crown for the time being, perpetuis futuris temporibus, be such Acts whereof the Judges and all the Realm must take Cognizance, as of General Statutes: For every Subject hath interest in the King, and none of his Subjects (who are within his Laws) be divided from him, being he is Head and Sovereign; so that the business and things of the King do concern all the Realm, and namely when it doth concern the Prince, the Firstbegotten Son of the King, and Heir apparent to the Crown.

Although the Prince by express words hath no priviledge by the Great Charter of the Forest [...], 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks, passing by them, and sent for by the King's Command; yet the Prince is to take the benefit and advantage thereby, as well as the Earls, Bishops, or Barons, who are expressed. Crompton's Courts des Iustices de Forest, 167.

In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament, and other Assemblies, was amongst other things made, as followeth; That no person or persons, of what degree, estate, or condition soever his or they be of (except[Page]only the King's Children) shall at any time hereafter attempt to sit, or have place on any side of the Cloth of Estate in the Parliament Chamber, whether his Majesty be there personally present, or absent. The Prince shall not find Pledges for the prosecution of any Action, and therefore shall not be amerced no more than the King or Queen should be.

The Prince is a distinct person from the King; he is a Subject, and holdeth his Principalities and Seigniories of the King, and subject to the Law of the Land as a Subject.

And in token of the Prince's subjection, he doth not upon his Posie in his Arms disdain the old Saxon words [Ich Dieu] I serve.

And there is a Case, that Glascoine Chief Justice of England, in the time of Henry the Fourth, did commit the Prince, who would have taken a Prisoner from their Bar in the King's Bench: And the Prince did humbly submit himself, and go at his Command. And this did much rejoyce the King, to see that he had a Judge so bold to administer Justice upon his Son; and that he had a Son so gracious as to obey his Laws.

The Exercises befitting Princes, whilst they are young, are Chivalry, and Feats of Arms, and to adjoyn therewith the knowledge of the Law and God: For it is the Duty and Office of a King to fight the Battels of his people, and rightly to judge them, 1 Kings 8. And the Prophet David saith, Be ye learned, you that judge the Earth. Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country, which they in due time inherit, they shall be much the more enabled to govern their Subjects; and it is a point of Wisdom in such to acknowledge, that Rex datur propter Regnum, & non Regnum propter Regem: And to move the Princes to these things, there is an excellent Book, Dialogue-wise, between a Prince (a King's Son of this Realm) and Sir Iohn Fortescue a Judge, entituled De laudibus Legum Angliae.

Many that have been Heirs apparent to the Crown of England, ever since the Norman Conquest, have been taken away either by their natural deaths, or by violence, during the life of their Ancestors, so that they have not attained to the Crown.

William, the only Son of Henry the First, was drowned in his passage from Normandy, his Father reigning.

Eustace, King Stephen's only Son, died mad, to the great grief of the King his Father.

William, the eldest Son of King Henry the Second, died in the Fourth year of his Age, and in the Third year of his Fathers Reign.

King Henry the Second's Son, called Curt-Mantel, was in his Father's life time crowned King, by the Name of King Henry the younger, but died in the life time of his Father.

Geffrey, the fourth Son of the said King, died during the Reign of Richard Coeur de Leon, his third Brother, which King Richard had no Son, and so Geffrey was Heir apparent to the Crown.

King Edward the First had Issue Iohn, Henry, and Alphons, but all three died in their Childhood in their Father's life.

Edward the Black Prince (of famous memory) eldest Son to King Edward the Third, died before his Father.

Richard the Third had Issue only one Son. named Edward, who died without Issue.

Arthur, the eldest Son and Heir apparent to King Henry the Seventh, died in the life time of his Father.

Henry Prince of Wales, eldest Son to King Iames, also left the World before his Father.

These Examples may serve as a Mirror for all succeeding Princes and others, to see how transitory the Glory of this World is; whereof the saying of the Princely Prophet David may never be out of remembrance, Psal. 82. I have said ye are Gods, and ye are all the Children of the most High; but ye shall die like men, and ye Princes like others.

Also divers other Heirs apparent, and those that have been in possession of their Crowns, have been defeated by Usurpers: And namely Robert Duke of Normandy, eldest Son to William the Conqueror, was defeated of his Birthright by his two younger Brethren, William Rufus and Henry, successively one after another; and after Six and twenty years Imprisonment, having both his Eyes put out, died in the Reign of his Brother Henry.

Maud, the sole Daughter of the said King Henry, was defeated of her Birth-right to the Crown by Stephen, the Son of her Fathers Sister.

Arthur, the only Son and Heir of Geffrey, the fourth Son to Henry the Second, was next Heir to the Crown after the death of his Uncle Richard, the first King of that Name, who died without Issue (his Father being dead before) but his Uncle Iohn, Son to the said Henry the Second, defeated him not only of his right to the Kingdom, but also of his Life, and that by starving him.

King Edward the Second was deposed by his eldest Son, who in the life time of his Father took upon him to be the King of England.

Richard, the only Son to Edward the black Prince, and next Heir to the Crown after the death of his Grandfather King Edward the Third, was defeated both of his Crown and Life by Henry of Lancaster, Son to Iohn of Gaunt, who was but the fourth Son of King Edward the Third; yea, although Lionel, the third Son of the said King Edward, had Issue Philip his only Daughter, who by consequence was next to the Crown before the Issue [Page] of Iohn of Gaunt; which Philip was married to Edward Mortimer Earl of March, from whom the House of York, by the name of Edward the Fourth, are lineally descended: For William of Hatfield, second Son to King Edward the Third, died young without Issue.

King Henry the Sixth, having but one Son, named Edward, he was slain in the life time of his Father, and the King himself deposed by Edward the Fourth, and murthered in the Tower: So the Act of Parliament made between them for an indented Peace, exemplified in our Books of Law.

Edward and Richard, the two only Sons to Edward the Fourth, after the descent of the Crown, and before the Coronation of Prince Edward, were both of them murthered in the Tower by their Uncle, Richard Duke of Glocester, who thereupon took upon him the Crown, although there were remaining alive divers Daughters of the late King Edward the Fourth. During these troublesome and tragical times, each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament, intending utterly to disable them, and make them to be incapable by the Law of the Crown. And it is a matter worthy of Observation, how the Hand of God did not forget to pursue Revenge in these Cases; for William Rufus died without Issue; Henry his Brother had a Son and one Daughter, but his Son died an Infant, and his only Daughter Maud was defeated of her Birthright by Stephen. King Iohn, who defeated Arthur his Nephew of his Birthright and Life, lived in continual Wars, never enjoyed Peace, but was driven to submit himself, and subject his Kingdom to the Pope. In his time Normandy, which King William the First brought with him, and which in five Descents continued in actual Obedience of the Kings of England, was in the sixth year of his Reign lost, until King Henry the Fifth recovered it again, and left it to King Henry the Sixth, who again lost it in the Eight and twentieth year of his Reign, as doth appear both in our Chronicles, and in our Books of Law.

Concerning the violence done to King Henry the Second, albeit Edward his Son enjoyed a long and prosperous Reign; yet his Successor, King Richard, was in the like violent manner imprisoned, deprived, and put to death.

King Henry the Fourth, by whom King Richard was deposed, did exercise the chiefest Acts of his Reign in executing those, who conspired with him against King Richard: His Son had his Vertue well seconded by Felicity, during whose Reign, by the means of Wars in France, the humour against him was otherwise imployed: But his next Successor, King Henry the Sixth, was in the very like manner deprived, and together with his young Son Edward, imprisoned and put to death by King Edward the Fourth. This Eward died not without suspicion of poyson; and after his death, his two Sons were likewise disinherited, imprisoned, and murthered by their cruel Uncle, the Duke of Glocester, who being both a Tyrant and Usurper, was justly encountred by King Henry the Seventh in the Field: So infallible is the Law of Justice in revenging Cruelties and Injuries, not always observing the present time wherein they are done; but often calling them into reckoning, when the Offenders retain least memory of them.

But as the saying is, Ex malis moribus bonae leges oriuntur; so their Tragical and Miserable Combustions have occasioned, that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before. For first, though a common Opinion was conceived, that a Conqueror might freely dispose of the Succession of that Estate, which he had obtained by the purchase of his Sword (which was the Title pretended for William Rufus) yet now in our Books this difference is taken for Law, viz. between the Conquest of a Kingdom from a Christian King, and the Conquest of a Kingdom from an Infidel: For if a King come to a Christian Kingdom by Conquest, seeing he hath Vitae & necis potestatem, he may at his pleasure alter and change the Laws of that Kingdom; but until he doth make an alteration thereof, the ancient Laws do stand; and therefore the case of Rufus, the ancient Law of this Realm being, That the eldest Son should inherit, and that a King in possession cannot devise the same by his last Will, or by other Act; therefore the said William Rufus was no other than a Usurper. But if a Christian King should Conquer a Kingdom from an Infidel, and being then under his subjection, there ipso facto the Laws of the Infidels are abrogated; for that they be not only against Christianity, but against the Law of God and Nature, mentioned in the Decalogue: and in that case, until certain Laws be established amongst them, the King by himself, and such Judges as he shall appoint, shall judge them and their causes according to natural Equity, in such sort as Kings in ancient times did within their Kingdoms, before any certain municipal Laws were given. And if a King have a Kingdom by Title of Descent there, seeing by the Laws of that Kingdom he doth inherit the Kingdom, he cannot change those Laws of himself, without consent of Parliament. Also if a King have a Christian Kingdom by Conquest, as King Henry the Second had Ireland, after that King Iohn had given unto them (being under his Obedience and Subjection) the Laws of England for the Government of that Country, no succeeding King could alter the same without Parliament.

In Succession of Kings a question hath been, Whether the King, who hath had Sons both [Page] before and after he came to the Crown, which of them should succeed, he that was born before, as having the prerogative of his Birthright; or he that was born after? And for each Reasons and Examples have not been wanting. For Xerxes, the Son of Darius, King of Persia, being the eldest Son after the enthroning his Father, carried away the Empire from his Brother Arthemones or Artobazanes, who was born before his Father came to the Royal Possession thereof. So Arceses, the Son of another Darius, born in the time of his Fathers Empire, carried away the Garland from his Brother Cyrus, born before his Father came to the Empire. So Lewis, Duke of Millain, born after his Father was Duke, was preferred to the Dukedom before his Brother Galiasius, born before the Dukedom. But notwithstanding these Examples, and the Opinion of sundry Doctors to the contrary, common use of Succession in these latter days hath been to the contrary, and that not without good reason; for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright (such as all elder Brothers have) should be put by the same. And this was the pretence of Henry the First against Robert his eldest Brother.

Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father, and the second Brother surviving, who should Reign after the death of the Father; the Nephew challenging the same unto him by the Title of his Fathers Birthright, and by way of Representation, Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death: Upon which Title, in old time, there grew a Controversie between Arcus the Son of Arrotatus, eldest Son of Cleomenes King of Lacedemonia, and Cleomenes second Son of Cleomenes, Uncle to the said Arcus: But upon debate of the matter, the Senate gave their Sentence for Arcus against Cleomenes. Besides, Enominus King of Lacedemon having two Sons, Polydectes and Licurgius, Poyldectes dying without Children, Licurgius succeeded in the Kingdom; but after he had understood that Polydectes Widow had a Child, he yielded the Crown to him; wherein he dealt far more religiously, than either did King Iohn, or King Richard the Third: For King Iohn, upon the like pretence, not only put by Arthur Plantaginet, his eldest Brother's Son, from the Succession of the Kingdom; but also most unnaturally took away his life And King Richard the Third, to come to the Crown, did most barbarously, not only slay his two innocent Nephews, but also defamed his Mother in publishing to the World, that the late King his Brother was a Bastard.

Our Stories do obscurely note, that Controversie of like matter had like to have grown between King Richard the Second, and Iohn of Gaunt his Uncle; and that he had procured the Counsel fo sundry great Learned Men to this purpose: but that he found the hearts of divers Noblemen of this Kingdom, and especially the Citizens of London to be against him; whereupon he desisted from his intended purpose, and acknowledged his Nephews Right. And the reason of the Common Law of England is notable in this point, and may be collected out of the ancient Authors of the same; Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan, fol. 119. For they say, Whosoever is Heir to another, aut est haeres jure proprietatis, as the eldest Son shall inherit only before his Brothers; aut jure representationis: as where the eldest Son dieth in the life of his Father, his Issue shall inherit before the youngest Son; for though the youngest sit magis propinquus, yet jure representationis the Issue of the eldest Son shall inherit, for that he doth represent the person of his Father; And as Bracton saith, jus proprietatis, which his Father had by his Birthright, doth descend unto him: aut jure propinquitatis, ut propinqui jus excludit remotum, & remotus remotiorem: aut jure sanguinis. And yet Glanvile, Lord Chief Justice under King Henry the Second, seemeth to make this questionable here in England, Who should be preferred, the Uncle or the Nephew. Also it hath been resolved for Law, That the possession of the Crown purgeth all defects, Hen. 1. fol. 3. and so doth Vlpian the Civilian determine. And this is one of the three Reasons alledged, wherefore by the policy of our Law the King is a Body Politick, thereby to avoid the attainder of him that had right to the Crown, Coke's seventh part, 12. a. lest in the interim there should be an interregnum, which the Law will not suffer, because of the manifold Incumbrances thereof: For it hath been clearly resolved by all the Judges of the Land, That presently, by the descent of the Crown, the next Heir is compleatly and absolutely King, without any essential Ceremony or Act to be done, ex postfacto; And that Coronation is but a Royal Ornament and outward Solemnization of the Descent. And this appeareth evidently by abundance of Presidents and Book-Cases. Let us take one or two Examples in a Case so clear for all: King Henry the Sixth was not crowned till the Eighth year of his Reign, and yet divers men before his Coronation were attainted of Treason, Felony, and the like Crimes; and he was as absolute and compleat a King for matters of Judicature, Grants, &c. before his Coronation, as he was after.

[Page]Queen Mary reigned three moneths before she was crowned, in which space the Duke of Northumberland and others were condemned and executed for Treason which they had committed before she was Queen.

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

To conclude this Chapter, I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales, which began on the Thirtieth of May, 1610. as followeth; The Prince accompanied with divers young Noblemen, together with his own Servants, rode from his Court at St. Iames's to Richmond, where he reposed that night; on the next day the Lord Mayor, Aldermen, with the several Companies in their Barges attended his Highness about Barn Elmes, where he was entertained with a Banquet, and in other places with Speeches by a Neptune upon a Dolphin, and a Sea Goddess upon a Whale, &c. His Highness landing at Whitehall, was received by the Officers of his Majesties Houshold, according to order, viz. by the Knight Marshal and the Serjeant Porter; In the Hall by the Treasurer and Comptroller of the Houshold; in the great Chamber by the Captain of the Guard, and in the presence Chamber by the Lord Chamberlain; from whence he went into the Privy Chamber, where the King and Queen met him; the Saturday after was taken up with the usual Ceremonies of making Knights of the Bath to attend his Highness at his Creation, which were Five and twenty in number.

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

First the Heralds.

Next the Knights of the Bath.

Then the Lords that were imployed in several Services.

Garter King at Arms, bearing the Letters Patents.

The Earl of Sussex the Robes of Purple Velvet.

The Earl of Huntington the Train.

The Earl of Cumberland the Sword.

The Earl of Rutland the Ring.

The Earl of Derby the Rod.

The Earl of Shrewsbury the Cap and Coronet.

The Earl of Nottingham and Privy Seal supported his Highness, being in his Surcoat only, and bareheaded, to the Parliament Chamber.

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

First the Masters of the Chancery, the King's Council and others; then the Officers of Arms, the Knights of the Bath; next twenty Trumpets before them; then the Judges; and after them all the Members of Parliament in order, the Barons, Viscounts, Earls, and Marquisses having Coronets on their Heads; then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor; then Garter next before the Sword; and then the Prince and King. They took Barge at the Palace Stairs, and landed at Whitehall Bridge, where the Officers at Arms, the Members of Parliament, and the Lords being first landed, attended the King and Prince, and went before into the Hall, and so into his [Page] Majestie's Presence Chamber, whence the Prince descended again into the Hall to Dinner, himself seated at the upper end of a Table, accompanied with the Lords that attended him at his Creation, who sate on both sides of the Table with him. At another Table on the left hand sate the Knights of the Bath in their Robes along one side, attended by the King's Servants. At the second Course, Garter with the Heralds came to the Prince's Table, and after due reverence, proclaimed the King's Style with three Largesses, viz. King of England, Scotland, France, and Ireland, Defender of the Faith, &c. And then proclaimed the Prince's Titles, viz. Prince of Wales, Duke of Cornwall and Rothsay, Earl of Rothsay, Earl of Chester, and Knight of the Garter, with two Largesses: Then with Feasting, Masques, and all sort of Courtly Gallantry, that joyful Creation of the Prince ended.

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

[figure]

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.

OF DUKES. CHAP. IV.

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

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

Dukes of the Royal Line or Blood are reputed as Arch-Dukes, and are to have their Coronets composed of Crosses and Flower delis, as other Dukes.

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

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

A Duke may have in all places 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 Marquisses, [Page]

The Effigies of the Most Noble, George Duke, Marquess, & Earle of Buckingham, Earle of Coventry, Viscount Villers, Baron of Whaddon, & Knight of ye most Noble order of the Garter. &a.

R. While sculp:

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His Royall Highness Iames Duke of Yorke and Albany, Knight of the most noble order of the Garter, sole Brother, to his sacred Majesty King Charles the second & coet.

The most Illustrious Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria, and Duke of Cumberland, Earle of Holderness, Governor of Windsor-Castle, Lord Leivtenant of Ber [...]shire, Knight of the Garter, Nephew to the late King of blessed memory, and one of his Ma••es. most Honourable privy Councell &c•.

The Right Noble Henry Duke of Norfolk, Earle of Arundell, Surrey, Norwich & Earle Marshall of England, Baron Howard, Fitz-Allen, Matravers, Mawbrey Seagrave, Bruce [...] Clu [...]n, Oswalds tree & Castle Riseing

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The Right Noble Francis Seumour, Duke of Somerset, Marquess & Earle of Hertford Viscount Beauchamp, & Baron Seymour &ct.

The Right Noble George Duke, Marquess & Earle of Buckingham. Earle of Coventrey, Viscount Villiers. [...]ron of Whaddon, & Knight of the most noble order of the Garter &ct.

The Rt. Noble Christopher Duke of Albemarle. Earle of Toringto [...] Baron Monck of Potheridge, Beauchamp & Teys, Kt. of ye. most noble order of ye. Garter, Lord Leivtenant of Devon-shire & Essex. one of ye Gentlemen of his matys Bedchamber & one of ye. Lords of his most honble. privy Coun [...]

The Right Noble Iames Duke of No [...]uth & Buccleuth, Earle of Doncaster, & Dalkeith Baron of Askedale Te [...]d [...]l [...] & Whitch [...]en [...] Chamberlaine of Scotland. Mas [...]r of his Ma•. horse, & Captain of his life Guard, Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yo [...]k-shire, Chancellor of ye. Vniversity of Cambridge, Knight of ye. Garter & one of ye. Lords of his matys. most honble. privy Councell. &ct.

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The Right Noble William Cavendish. Duke, Marquess & Earle of Newcas [...] Earle of Ogle. Viscount Mansfield, Baron Ogle, Bertram & Bolesmere. Kt of th [...] Garten Ld. Leiutenant of Nottinghamshire, Gent: of his matys. Bedchamber, Iustice in Ire of all his matys. Parks; fforests and Chases Northwards of Trent, & one of ye. Lords of his matys. most honble. privy Councell & [...]

The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester, Baron of Newbury. Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland &c [...]

The Right Noble Charles Lennox, Duke of Richmond and Lennox, Earle of March, and Darneley, Baron of Settrington and Tarbolton &ct.

The Right Noble Henry Fitz-Roy, Duke of Grafton, Earle of Euston Viscount Ipswich, and Baron Sudbury. & [...]

[Page] [Page] and the younger Sons Lords, and take place of Viscounts; but not so priviledged by the Law of the Land.

A Duke hath the Title of Grace; and being written unto is styled, Most High, Potent, and Noble Prince. And Dukes of the Royal Blood are styled, Most High, most Mighty, and Illustrious Princes.

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

The form of a Patent of the Duke of York, tempore Iacobi.

JACOBUS, &c. To all Archbishops, Bishops, Dukes, Marquisses, Earls, Viscounts, Barons, Iustices, Knights, Governors, Ministers, and to all Bailiffs and faithful Subjects, Greeting.

Whereas oftentimes we call to mind how many and innumerable Gifts, and what excellent Benefits that Great Maker of all Goodness (of his own benignity and clemency) hath abundantly bestowed upon us, who not only by his power hath consociated divers and mighty Lyons in firm Peace, without any strife; but also hath amplified and exalted the Bounds and Limits of our Government, by his unspeakable Providence, above our Progenitors, with an indissolvable Conjunction of the ancient and famous Kingdoms, in the right of Blood, under our Imperial Diadem. In regard whereof we cannot boast, but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts of Nature, which he hath vouchsafed unto us, because in truth in the Succession of Children a mortal man is made as it were immortal; neither unto any mortal men, at leastwise unto Princes not acknowledging Superiors, can any thing happen in worldly causes more happy and acceptable, than that their Children should become notable in all vertuous Goodness, Manners, and Increase of Dignity, so as they which excel other men in Nobleness and Dignity, endowments of Nature, might not be thought of others to be exceeded: Hence it is that we (that great goodness of God, which is shewed unto us in our felicity not to pass in silence; or to be thought not to satisfie the Law of Nature, whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish) coveting with great and fatherly affection, that the perpetual memory of our Blood, with Honour and increase of Dignity, and all praise may be affected, our well beloved Son, Charles Duke of Albony, Marquis of Ormond, Count of Ross, and Lord of Ardmannoth, our second begotten Son, in whom the Regal form and beauty worthy Honour, and other gifts of Vertue, do now in the best hopes shine in his tender years, We erect, create, make and ordain, and to him the Name, Style, State, Title, and Dignity, and Authority, and Honour of the Duke of York do give, to him that Name, with the Honour to the same belonging and annexed, by the girding of the Sword, Cap, and Cirtlet of Gold put upon his Head, and the delivery of a Golden Verge, we do really invest, To have and to hold the same Name, Style, State, Dignity, Authority, and Honour of the Duke of York unto the aforesaid Charles our second begotten Son, and to the Heirs male of his Body lawfully begotten for ever. And that the aforesaid Charles our second begotten Son, according to the decency and state of the said Name of Duke of York, may more honourably carry himself; we have given and granted, and by this our present Charter, we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever, out of Farms, Issues, Profits, and other Commodities whatsoever coming out of the County of York, by the hands of the Sheriff of the said County for the time being, at the times of Easter and Michaelmas by even portions. For that express mention of other Gifts and Grants by us unto the said Duke before time, made in these Presents, doth not appear notwithstanding these being Witnesses; The most excellent and most beloved Henry our Firstbegotten Son, Ulrick Duke of Hellet, Brother of the Queen our beloved Wife, and the Reverend Father in Christ Richard Archbishop of Canterbury, Primate and Metropolitan of all England, and also our beloved and faithful Counsellor, Thomas Lord Elsmere our Chancellor of England, Thomas Earl of Suffolk, Chamberlain of our Houshold, and our dear Cosin, Thomas Earl of Arundel, our welbeloved Cosins and Counsellors Henry Earl of Northumberland, Edward Earl of Worcester, Master of our Horse, George Earl of Cumberland, and also our welbeloved Cosins, Henry Earl of Southampton, William Earl of Pembroke, and also our welbeloved Cosins and Counsellors, Charles Earl of Devonshire, Master of our Ordinance, Henry Earl of Northampton, Warden of the Cinque Ports, John Earl of Warwick, Robert Viscount Cranborne our Principal Secretary, and our wellbeloved and faithful Counsellor, Edward Lord Zouch, President of our Council within the Principality and Marches of Wales, and also our welbeloved and trusty Robert Lord Willoughby of Eresby, William Lord Mounteagle, Gray Lord Chandois, William Lord Compton, Francis Lord Norris, Robert Lord Sidney our welbeloved and faithful Counsellor, [Page] William Lord Knowles Treasurer of our Houshold, and our welbeloved and faithful Counsellor George Dunbar, Lord of Barwick, Chancellor of our Exchequer, Edward Bruce of Kinloss, Master of the Rolls of our Chancery, and also our welbeloved and faithful Thomas Eareskine of Birketon, Captain of our Guard, James Lord Barmermoth, and others.

Given by our Hand at our Palace at Westminster, in the Second year of our Reign of England, &c.

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

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

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

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

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

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

But things concerning his pleasure shall be in the same estate as they were before such separation: insomuch, as if the Law before the Charter, by Authority of Parliament, adjudged the person of the King always of full Age, having regard unto his Gifts, as well of the Lands which he doth inherit in the right of his Crown, or Body Politick, it shall be so adjudged for the Dutchy Land after the said Statute; for the Statute doth go and reach unto the Estate, Order, and Condition of the Lands of the Dutchy, but doth not extend unto the person of the King, who hath the Lands in points touching his person. Neither doth that distinguish, or alter the preheminences which the Law doth give to the person of the King: For if King Henry the Fourth, after the said Act had made a Lease, or other Grant of parcel of the Dutchy, by the Name of Henry Duke of Lancaster only, it had been void; for it should have been made in the Name of Henry the Fourth, King of England.

And thus stood the Dutchy of Lancaster severed from the Crown, all the Reign of Henry the Fourth, Henry the Fifth, and Henry the Sixth, being politickly made for the upholding of the Dutchy of Lancaster, their true and ancient Inheritance; however the right Heir to the Crown might, in future time, obtain his right thereunto (as it happened in King Edward the Fourth's time:) but after the said King Edward obtained his right unto the Crown, in Parliament he attainted Henry the Sixth, and appropriated and annexed the said Dutchy again to the Crown, as by the Statute thereof made in the first of the King's Reign it doth appear. By which Statute three things were ordained: First, The County Palatine of Lancaster was again established: Secondly, He did invest it in the Body Politick of the King's of this Realm: And thirdly, He did divide it from the order of the Crown Land. And in this form it continued until Henry the Seventh, who forthwith (being descended from the House of Lancaster) did separate it only in Order and Government from the Crown, and so it continueth at this day.

Ceremonies to be observed in the Creation of a Duke.

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AT the Creation of a Duke he must have on him his Surcoat and Hood, and should be led between two Dukes, if there be any present, if not, a Marquiss or two, and for want of either, an Earl; somewhat before him, on the right hand, shall go on Earl which shall bear a Cap of Estate with the Coronet in it; and on the other side shall also go an Earl which shall bear the Golden Rod; and before the Duke that is to be created should go a Marquiss, or one of the greatest Estate, to bear the Sword; and before him an Earl to bear the Mantle or Robe of Estate lying on his Arms. And all these Nobles that do Service must be in their Robes of Estate.

His Title is proclaimed twice, and the Largess thrice.

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The Effigies of the most Noble CHARLES PAULET MARQUESS of WINCHESTER EARLE of Wiltsh: And BARON St. IOHN of Basing. &ct.

R. White Sculp:

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The most Honrbl: Charles Paulet Mar [...]quess of Minchester Earle of Miltshire Baron St Iohn of Basing & [...]

The most honble: Henry Somerset [...] Marquess & Earle of Worcest [...] Ld. Her [...]ert Baron of Chipstom, Raglan, & Gomer, Ld. President [...] Ld [...] Leivtenant of Wales, and the Marches, Ld 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 matys. most honble: privy Counc [...]ll [...]

The most honorble. Henry Rerrepont, Marqu [...]ss of Dorchester, Earle of Kingston upon Hull [...] Viscount Nemarke, Ld. Rerrepont, Maunvers, & Herris, & one of ye Lords of his matys. most honorble [...] Priuy Councel &c [...].

OF MARQUISSES CHAP. V.

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A Marquiss, which by the Saxons is called Marken-Reue, and signifieth a Governor or Ruler of the Marches, hath the next place of Honour to a Duke. This Title came to us but of late days; for the first was Robert Vere, who was created Marquiss of Dublin by King Richard the Second, and from that time it became to be a Title of Honour; for in former time those that Governed the Marches were commonly called Lord Marchers, and not Marquisses.

After the Normans had conquered this Land, it was by them carefully observed, as a matter of great moment, to place upon the Confines and Borders of the Britains (and those not then subdued) men of much Valour; such that were not only sufficient to encounter the Inrodes and Invasions of the Enemy, but also ready upon all Occasions to make onset upon them for the enlarging their Conquest. These men thus placed were of high Blood and Reputation amongst their Countrey-men, the Normans, and in whose Faith the Conqueror reposed special Trust and Confidence: And therefore in their Territories given unto them to hold, their Tenures were devised to be very special, and of great importance and honour, enriched with Name and Priviledges of Earl of Chester; and so the North-border of Wales created to a County Palatine; and the Barons of the middle part of the South Marches were adorned in a manner with a Palatine Jurisdiction, having a Court of Chancery, and Writs only amongst themselves pleadable, to the intent that their Attendance might not thence be drawn for the prosecuting of Controversies or Quarrels in the Law. And as for the other part of the South Marches, they seemed to be sufficiently fenced with the River Severn and the Sea.

A Marquiss is created per gladii cincturam, & circuli aurei suo capiti positionem. He is honoured with a Coronet of Gold, which is part flowered, and part pyramidal, with the points and flowers, or leaves of an equal height. His Mantle is doubled Ermin, which is of three doublings and an half, whereas the Mantle of an Earl is but of three; and the doublings of a Viscount's Mantle is but two and a half, which are only plain white Furr without Ermins, as are the Barons, which are but of two doublings.

The form of their Patent (which at their Creation is delivered into their hands) was various; but of late [...]tis regulated to the method of those of other Degrees, and the Ceremonies the same. This Honour is hereditary, and the eldest Son, by the Courtesie of the Land, is called Earl, or Lord of a place; and the younger Sons only Lord Iohn, Lord Thomas, or the like.

[Page]He hath the Title of most Noble, most Honourable, and Potent Prince; and may have his Cloth of Estate reaching within a yard of the Ground, the King or a Duke not being present; and his Marchioness may have her Train born up by a Knight's Lady in her own House, but not in a Dutchesses presence.

A Marquisses eldest Son is born an Earl, and shall go as an Earl, and have his Essay in an Earl's presence, and wear as many powdrings as an Earl, but shall give place to an Earl; and his Wife shall go beneath a Countess, and abov [...] all Marquisses Daughters, who are born Ladies, and the eldest a Countess, but shall go beneath a Countess.

At the Creation of a Marquiss, he must have on him his Surcoat and Hood, and be led by a Duke or Marquiss; the Sword and Cap to be born by Earls. He must go after his Creation, not after his Marquisite, and the Marchioness his Wife according to the same.

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The Effigies of the Right Honrbl. CHARLES BEAUCLAIRE Baron of Heddington & Earle of BURFORD. And of ye. Rt. Honrbl: IAMES Ld. BEAUCLAIRE Brother and heir to ye. Right Honrbl: Charles Earle of Burford.

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The Rt. honble. Aubrey Vere, Earle of Oxford [...] Baron Bulbeck, Sandford, & Badlefinere, Kt. of ye Garter, L? Leiutenant wth. his grace ye Duke of [...]marle of Essex, & one of his. Ma•ys [...] most Hon. privy Councell &ca.

The Right Honourable Charles Talbot, Earle of Shrewsbury Baron Talbot, Strange of Blackmere, Gifford of Brimshel [...] Purnivull [...] Verdon, & Loveto [...]

The Right Honourable Anthony Grey Earle of Kent, Baron Grey of Ruthin, Hasting, and Valance

[...] Right honble. William Stanley Earle [...] of Der [...] Lord Stanley &c Strange of Knocking Viscount Kint [...] Baron of We [...]on L•. Mob [...]n Burnet, Basset, & Lacy. L•. Leivt [...]nant of Lanc [...]shire. & [...] Cheshire and Admirall of the Seas their [...] belonging. C [...]amberlaine of Ch [...]ster, & [...] L•. of Man as of ye Isles &ca.

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The Right honble. Iohn Mannors Earle of Rutland, Baron Ross of Hamlack, Trushut, and Belvior, and Lord Leivetenant of Leicestershire.

The Right honble. Theophilus Earle of Huntington, Ld Hastings of Hastings, Hungerford, Homet, Botreaux, Moules, Moulins, & Pe [...]erell, & Elizabeth Countess of Huntington his wife, eldest daughter & Coeheire of Sr. Iohn Lewis, late of Ledston in Yorkshire, K•, Bart. deceased.

The Right honble. William Russell Earle of Bedford, Baron Russell of Tavestock, & Thornhaugh & Knight of ye most Noble Order of the Garter &ct.

The Right Honble. Philip Herbert Earle of Pembrook• Montgomery, Baron Herbert of Shurland, Cardiffe, Ross of Kendale, Parr, Marmion, and St. Quintin, Ld. of ye Lordships of Vske, Carleon, Nemport&. Treleg, and Lord Leiutenant of Wiltshire &ct.

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The Right honble. Edward Fines Earle of Lincoln, & Baron of Clinton &ct.

The Right honble. Charles Howard Earle of Nottingham, Baron Howard of Effington &ct.

The Right honble: Iames Howard Earle of Suffol [...] Baron Howard of Walden, Lord Leiuetenant of ye Countys of Cambridge, & Suffolk, one of ye Gentlemen of his matys bedchamber, & Deputy Earle Marshall of England [...]

The Right honble, Charles [...] [...] Earle of Dorset & Middsex, Baron [...] & Cranf [...]ild, one of ye Gentlem [...] [...] his Maty•, Bedchamber & Lord Leiut [...]nt of Sussex

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The Right Honourable Iames Coecill, Earle of Salisbury, Viscount Cranborne and Baron Coecill of Essenden

The Right Honourable Iohn Coecill Earle of Exeter, Baron Coecill of Burleigh &ca.

The [...] Iohn Egerton Earle of Bridg [...] Brackley, Baron of El [...]mere, Ld. [...] of ye County of Bucks, & one ye [...] his matys [...] most Hon. privy Councell &c.

The Right honble. Robert Sidney, Earle of Leicester, Viscount Lisle, Baron Sidney of [...]en [...]urst. and one of ye Lords of his Ma.••s most honble. privy Councell &c.

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The Right Honourable Iames Earle of Northampton, Baron Compton of Compton, Lord Leivtenant of Warwick shire. and one of the Lords of his matys. most honble: privy Councell [...] Constable of his matys Tower of London, and Leivtenant of the Hamlets thereto belonging.

The Right Honourable Robert Earle of Warwick, and Holland [...] and Baron Rich of Leeze, and Kensington &ca

The Right Honourable William Earle of Devonshire [...] Baron Cavendish of Hardwick, Knight of the Bath, and Lord Leivtenant of Derby shire &ca

The Right Honourable William Feildin [...] [...] de Hapsburgh, Earle of Denbig [...], Viscount Feilding, Baron Feilding of Newenham: Pad [...]x and St. Lis. and Earle of Desmond &ca. in Ireland.

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The Right Hononrable George Digby, Earle of Bristoll, Baron Digby of Sherborne &ct.

The Right Honourable Gilbert Holles, Earle of Clare, and Baron Holles of Haughton in Nottinghamshire.

The Right Honourable Oliver St. Iohn, Earle of Bullingbrook, & Baron S.t Iohn of Bletshoe &ct.

The Right Hono [...]rable Charles Fane, Earle of Westmorland, and Baron de la Spencer and Burghwash &ct.

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The Right Honourable Robert Montague, Earle of Manchester, Viscount Mandevill, Baron Kimbolton, Lord Leivtenant of Huntingtonshire, and one of the Gentlemen of his matys. Bedchamber &ct.

The Right Honourable Charles Howard Earle of Berkshire Viscount Andover and Baron Howard of Charlton &ct.

The Right Honourable Iohn Sheffeild, Earle of Mograue, Baron Sheffeild of Butterwick, Knight of ye most noble Order of ye Garter, and one of ye Gentlem [...] of his matys. Bedchamber.

The Right Honourable William Ley, Earle of Marlborough, & Baron Ley of Ley &ct.

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The Right Honourable Charles Knowles, Earle of Banbury, Viscount Wallingford, and Baron Knowles of Greys.

The Right Honourable Thomas Savage, Earle of Rivers, Viscount Colchester, and Rock savage, and Baron Darcy of Chich.

The Right Honourable Robert Bertue, Earle of Lindsey, Baron Villoughby of Eresby, Lord Great Chamberlaine of England, Lord Leivtenant of Lincolnshire one of the Gentlemen of the B [...]dchamber, and Lords of ye most honble privy Councell to his Ma•y K Charles ye [...]

The Right Honourable Iohn Cary, Earle of Dover, Viscount Rochford, and Baron Hunsden.

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The Right Honourable Henry Mordaunt, Earle of Peterborow, Lord Baron of Turvey, Lord Leiutenant of the County of Northampton, And [...] one of the Lords of his Majesties Most Honourable Privy Councell. & ct

The Right Honourable Thomas Grey Earle of Stamford, Ld. Ferrers of Grooby, Banevill and Harrin [...] [...]escended from ye family of ye Greus who were Marqueses o [...] Dorset: ye last of wch was Hen. who before his Attain [...]ure and Execution in Anno 1553 was Created Duke of Suffolk.

The Right Honourable Heneage Finch, Earle of Winchelsey, Viscount Maidston, Baron Fiz Herber [...] of Eastwell, Lord of the Royall Manner of Wye, and Lord Leiutenant of the Countys of Kent [...] Somerset

The Right Honourable Charles Dormer, Earle of Carnarvan. Viscount Ascot [...] and Baron of wing, Master, Marshall, and Surveyour of his Majetyes Hawks.

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The Right Honourable Montjoy Blunt Earle of New [...]port. Baron Montjoy of Thurveston in Devonsh [...] and Lord Montjoy of Montjoy Fort in Ireland &ca.

The Right Honourable Phillip Stanhope [...] Earle of Ches [...]erfield, and Baron Stanhope of Shelford, &ca.

The Right Honourable Nicholas Tufton [...] Earle of Thanet, and Baron Tufton of Tufton &ca.

The Right Honourable Thomas Weston Earl [...] of Portland, Baron Weston of Neyland &c•.

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The Right Honourable William Wentworth Earl [...] of Strafford, Viscount Wentworth, and Baron Went [...] [...]d house Newmar [...]h Oversley and Raby Knight of th [...] Garler and one of the Lords of his Ma•ys. most Hon•le. privy Councell &ca.

The Right Honourable Robert Spencer, Earle of Sunderland, Baron Spencer of Wormle [...]ton, one of th [...] [...]ntlemen of the Bedchamber, and Lords of the privy Councell to his Maty. K Ch y• 2

The Right Honourable Nicholas Leake, Earle o [...] Scarsdale, and Baron Dayncourt &ca.

The Right Honourable Iohn Wilmot Earle of Rochester Baron Wilmot of Alderbury in England and Discount Wil [...]mot of Athlone in Ireland and one of the Gentlemen of his matys. Bedchamber

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The Right Honourable Henry Iermine, Earle of St. Albon [...] Baron of St. Edmonds [...]bury, Knight of the most noble order of the Garter, and one of the Lords of his matys. most honble. privy Councell &c.

The Right Honourable Edward Montague, Earle of Sandwich [...] Viscount Montague of Hinchingbrooke, and Baron Montague of St. Neots.

The Rt. Noble Iames Duke Marquest, & Earle of Ormond, Earle of ossery & Br [...]cknock, Viscount Thurles, Baron of Arklow & Lanthony [...] Ld. Leiutenan [...] [...] Ireland, Ld. High, [...]teward of his matys. House hold, Chancellor of the [...]niversity of Oxford, [...] t. of ye Garter, [...] o [...] of ye Lds. of his Ma••s most Hon privy Councell [...]c [...]

The Right Honourable Henry Hide, Earl [...] of Clarendon, Viscount Cornbu [...] Baron Hide of Hendon.

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The Right honble. Arthur Capell, Earle of Essex. Viscount Malden, Baron Capell of Hadham, one of the Lords of his matys. most Honourable privy Councell, Lord Leivtenant, & Custos Rotollorum of Hartfordshire, la [...] Ld. Leivtenant Generall, and Generall Governor of his Ma••s. Kingdome of Ireland.

The Right Honourable Robert Brudenell Earle of Cardigan, and Baron Brudenell of Staughton &ct.

The Right Honourable Arthur Annesley, Earle of Anglesey, Baron Annesley of Newport Pagnell in England Viscount Valentia & Baron Mount Norris of Mount-Noris in Ireland; Ld. privy Seale & one of ye Lds. of his matys. most honble. privy Councell for England & Ireland &c [...]

The Right honble. Iohn Earle of Bath Viscount [...]renvile of Lonsdowne, Baron Greenvile of Kilkhampton & Bidiford, L• Warden of ye Stanneries, high Steward of ye Dutchy of Cornwall, Ld. Leivetenant of Cornwall Governour of Plymouth, Groom of the Stoole, first Gent. of his matys. Bedchamber, and one of his Ma••. privy Councell &c [...] t.

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The Right honble. Charles Howard Earle of Carlisle Viscount Morpeth, Baron Dacres of Gisland, Lord Leivtenant of Cumberland and Westmorland, Vice Admirall of ye Coast of Northumberland, Cumberland Westmoreland, Bishoprick of Durham Towne and County of New castle and Maritin parts adjacent, and one of the Lords of his Maties. most honble. privy Councell &c [...]t.

The Right honble: William Earle of Craven, Viscount Craven of Vffington, Baron Craven of Hampsted-Marshall, Lord Leivtenant of ye County of Midd•x. and Borough of Southwark, & one of ye Lords of his Mtys. most honble. privy Councell &c [...]t.

The Right honble: Robert Bruce, Earle of Alisbury & Elgin, Viscount Bruce of Ampthill, Baron Bruce of Whor [...]on Skelton & Kinloss, Hereditary High Steward of the Honour of Amp [...]hi [...] Lord Leivtenant of ye County of Bedford, and High Steward of Leicester &ct.

The Right honble. Richard Boyle, Earle of Burlington, & Baron Clifford of Lansborow in England [...] Earle of Corke, Viscount Dungarvan, Baron Yaughal [...] and Lord High Tr [...]asurer of Ireland & [...] •.

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The Right honble: Henry Bennet Earle and Baron of Arlington, Viscount Thetford, Knight of the most noble order of the Garter, Lord Chamberlaine of his matys. Household, and one of the Lords of his most honble. Councel &ct.

The Right honble: Anthony Earle of Sha [...]tesbury, Baron Ashley of Wimbourne St. Giles, and Lord Cooper of Pawle [...].

The Right honble: Henry Howard, [...]arle of Norwich & Earle Marshall of England, Baron Howard of Castle Riseing, Now Duke of Norfolk [...], see in ye Catalogue of Du [...]es

The Right Honourable William Herbert, Earle and Baron of Powis. & [...]

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[...]Right Honourable Edward Henry [...] of Litchfield, Viscount Quarenton [...]d Baron Spilsbury.

The Rt. Noble Iohn Maitland, Earle of Guilford, and Baron of Petersham in England, Duke of Latherdale, Viscount Maitland, Baron of Thirleston, Miescleboroug [...] and Bolton in Scotland; Ld. Comissioner for his present Ma•y. of that Kingdome, Kt. of the Garter, Gentlem [...] of the Bedchamber, and one of his matys most honble. privy Councell for the Kingdomes of England & Ireland [...]

The Right honble. Cha [...]les Fitz-Charles Earle of Plymouth, Viscount Totnes, and Baron Dartmouth.

The Right Honourable Thomas Osborne Earle of Danby, Viscount Latimer, Baron Osborne of Kiveton, Viscount Osborne of Danblaine in Scotland; Kt. of the most noble order of the Garter [...] Ld high Treasurer of England [...] &ct [...]

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The Right Honourable George Fitz Roy, Earle of Northumberland, Viscount Falmouth, and Baron Ponte [...]fract &ca.

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

The Rt Honourable Lovis Earle of Feversham, Viscount Sondes Lord Duras, Baron of Holdenby and Throwley, Captaine of his Royall Highness Troop of his matys. Guards, Leivtenant Gene [...]rall of his Maties forces, and Collonell of his matys. owne Royall Regiment of Dragoons.

The Right Honourable Charles Beauclair, Baron of Heddington and Earle of Burford.

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The Right honble. William O [...]Brien Earle & Baron of Insi [...]uin, & Baron of Burren in the Kingdome of Ireland Captaine Generall of his matys. Forces in Affrica, Gouernor of ye Royoll Citty of Tanger, vice Admirall of the same, and of the parts adjacent and one of his Matys most Hon•le. privy Councell for the Sd. Kingdom of Ireland.

The Right Honourable Charles Moore Earle and Viscount of Drogheda, and Baron of Mellefont in ye Kingdom of Ireland. &ca.

The Rit: honble. Luke Plunkett Earle of Fingall and Baron of Killeene in the Kingdome of Ireland &ca.

The Rt [...] Honerable Sr. Arthur Chichester Kt Baron of Belfast Vist. Chichester of Carikfergus & Earle of Donegall in ye. Kingdom of Ireland Gouernor of Carikfergus & ye. Teritoryes Ther [...] Belonging & one of his matys. Most Ho [...] [...] Councell for ye. S•. Kingdom.

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The Rt. honble. Iames Ogilby, Earle of Airly, Elight, and Glentrahen, in the Kingdome of Scotland. &ca.

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

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

The Rt. honble. Roger Palmer, Earle of Castlemaine, and Baron of Lamberick in the Kingdome of Ireland &ca.

OF EARLES. CHAP. VI.

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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 ancient 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 Deputy, 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 Nobiles 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 Conquest, and was inserted as a Princely Benevolence in their Patents of Creation (as by divers ancient Patents may appear) which afterwards were turned into Pensions for the better support of that Honour, as appeareth by a Book-Case 32 Hen. 6. 28. And therefore in respect of such Pensions, or such other Gratuities given in lieu thereof, some men have not without probability thereof imagined, 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, Rheingrave, 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 deport themselves answerable to the said Dignity, 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 retain 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 Conqueror, who governed it Forty years, in which time he created eight Barons, and had Iura Regalia within the County.

[Page]Of Earls not Palatine, which is as ancient as the Conquest, there have been principally two kinds, but either of them subdivided into several Branches; for they either take name of a place, or hold their Title without any place. Those that take their Name of a place are of two kinds; for either the place is the County, as the Earl of Devonshire, Kent, Middlesex, or the like; or else some Town, Castle, or Honour; as the Earldom of Richmond in Yorkshire, Clarence in Suffolk, Arundel in Suffex, Bathe and Bridgwater in Somersetshire, and so forth. And those Earldoms which have their Titles without any place, are likewise of two kinds, either in respect of Office, or by Birth: By Office, as the Earl-Marshal of England, called in Latin Comes Marascallus Angliae, and is an Office not only of great power, being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs, but of as great Honour, taking place of all Earls, except the Lord Great Chamberlain of England, and is likewise endowed with many honourable priviledges. This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham (whereas before they were simply styled Marshals) and after the Banishment of Mowbray, he granted it to Thomas Holland, Duke of Surrey; and that he should carry a Rod or Verge of Gold enammeled black at both ends, whereas before they used one of Wood: This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever, and is enjoyed by the Right Honourable Henry Howard, Earl of Norwich, Baron Howard of Castle-Rising in Norfolk, and Heir apparent to his Grace the Duke of Norfolk.

The other sort of Earls are by Birth, and so are all the Sons of the Kings of England, if they have no other Dignity bestowed upon them: And therefore it was said that Iohn, afterwards King of England, in the life time of his Father Henry the Second, was Comites sans terre.

Earls (as other Degrees of Nobility) are Offices of great Trust, being created by Patent for two principal purposes; one ad consulendum Regi in tempore pacis; the other ad defendendum Regem & Patriam in tempore belli. And therefore Antiquity hath given them two Ensigns to resemble both the said Duties: For first, the Head is adorned with a Cap of Honour, and a Coronet of Gold, which for distinction is pyramidal, pointed, and pearled, between each pyramid a Flower much shorter th [...]n the pyramid: And the Body is adorned with Robes, viz. a Hood, Surcoat, and Mantle of State, with three guards of Fur upon the Shoulders; which Robe is an emblem of Counsel: and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country.

An Earl had formerly the Title of Prince; but now it is Most Potent and Noble Lord, as also The Right Honourable and truly Noble. Out of his Superiors presence he may have a Cloth of Estate fringed without pendants; and his Countess may have her Train born up by an Esquire's Wife.

But to the King's high Council of Parliament no man ought to presume to come before he hath received the King's Writ of Summons. This Constitution was first made by King Henry the Third, after the Barons War was appeas'd, and by King Edward the Third, and his Successors, it hath been carefully observed. The form of a Writ of Summons to an Earl, is as followeth:

REX, &c.

Vnto his welbeloved Cosin, John Earl of Greeting.

Because by the advice and assent of our Council, for certain weighty and urgent businesses concerning us, the state and defence of our Kingdom and Church, we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming, and there together with you, and with the Prelates, and Great and Noble Men of our said Kingdom, to have confidence and treaty, commanding, and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us, that the dangers and perils imminent of that business considered, and all Excuses set apart, you be present at the said day in the same place with us, and with the Prelates and Noblemen aforesaid, to treat and give counsel upon the aforesaid business; and hereof fail not, as you tender our honour and the safegard, and defence of our Kingdom and Church aforesaid.

Witness our self

at Westminster the day of in the year of our Reign.

In this Writ an Earl is saluted by the 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 addition only, but in all legal Proceedings he ought to be styled by that his Dignity.

In the first of King Edward the Third, fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn, late Earl of Arundel, and did demand the Mannor of C. with the Appurtenances, &c. The Tenant by his Learned Counsel, did plead that he was [Page] Earl of Arundel, and was at the day of the Writ purchased, and demanded Judgment of the Writ, because he was not named in the Writ according to his Dignity and Title of Honour. To which the Demandant saith, That at that time, when he did purchase the Writ, the Tenant was not known nor taken to be an Earl, and it is severe Justice if the Writ shall abate without any default in the Plaintiff: nevertheless, because the truth of the matter was so, that the Earldom did descend unto him before the Plaintiff had commenced his Action, and purchased his Writ against him; therefore by Judgment his Writ was abated, although the Tenant was not at that time known to be an Earl. But if a Baron be Plaintiff or Defendant, it is not of necessity to name him Baron, 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter, here following: And so Reginald Gray was reputed Esquire after the Earldom descended unto him, till at last it was published and declared by the Queen, and the Heralds, that he was Earl of Kent in Right, and by Descent, although he was not reputed or named Earl before that time.

But an addition may be used, or omitted at pleasure, except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae, which by Act of Parliament in the 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 Philip and Mary, cap. 8. fol. 156.

But not between the Majestical Style of the King, and the Title of Honour appertaining to a Subject; this difference is between Grants or Purchases made by or to a Nobleman, &c. For in that first case it is necessary that the Name [King] be expressed, otherwise they are void. But if a Duke, Earl, or other Degree of Nobility, do Purchase or Grant, by the Name of Baptisme and Surname, or other Title of Honour, it is not void; for it is a Rule in Law, That every man's Grant shall be construed 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 formally 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 mistake.

And if an Earl be Plaintiff or Demandant, 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 abate.

There is a Statute made in the First of Henry the Fifth, cap. 5. wherein is contained as followeth: Item, It is ordained and established, That every original Writ of Actions, personal Appeals, and Indictments, in which the Exigent shall be awarded in the names of the Defendants; in such Writs, original Appeals, and Indictments, additions 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 Indictments, in which the said additions are omitted, 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 exceptions of the party wherein the said additions are omitted: Provided, that though the said Writs of Additions Personal be not according to the Records and Deeds by the surplusage 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 Additions, as aforesaid, upon pain of punishment, and to make fine to the King, by the discretion of the Lord Chancellor or Keeper. 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 Indictments against common persons: But the use is otherwise in Appeals and Indictments of Treason or Felony against Dukes, Marquisses, 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 County 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.

Injuries done to the Name and Honour of a Nobleman.

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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 publick Offices; as the Lord Chancellor, or Keeper, 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 detriment of the Realm if due Remedy be not provided; It is s [...]raitly Enacted upon grievous 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 Westminster, cap. 33. which wills, that he be taken 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 cannot find him that first spake them, then he shall be punished by the advice of the Council.

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 established, That the Justices of the Peace in every Shire, City, and Town Corporate within 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 besides the said Penalties to be so inflicted on Transgres [...]ors, every Nobleman, or great Officer of the Realm, against whom any scandalous 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 every inferiour person, for any such like words of infamy spoken against him, recover 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 Defendant 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 others; for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth; but seeming to sit quietly in his Study, doth more deeply wound his Fame and Credit, than the other boisterous person doth; for he in a moment threatneth to do more, than peradventure he is either able, or hath courage to perform in all his life: For his Passion thus discovering the Malice of his Heart, doth give his Adversary warning to defend himself from him: But this secret Canker the Libeller concealeth his Name, hideth himself in a Corner, and privily 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 probably one innocent (upon some suspicion or other) may come to suffer for it. Sometimes the malicious Defamer poureth forth his poyson in writing, by a Scandalous Book, Ballad, Epigram, or Rhime, near the place where the party so abused doth most converse. In which cases the Law hath provided that the party delinquent (when he is found out and discovered) shall be severely punished; for he may either be Indicted by the ordinary Course of the Common Law; and if it be an exorbitant Offence, then by Pillory, loss of Ears, Whipping, &c. or the party grieved may have an Action upon the Case against the Offender, and recover his Damages: And in this it is not material whether the Libel be true or false, or the party scandalized be alive or dead, or be of a good or ill Name; yet our Laws are so made as to punnish him, and such like men, by a due Course of Justice.

[Page]And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman, this may be added, That it is usual for any person to usurp the Arms of another. Further, if a Nobleman's Coat-Armour and Sword of other Gentleman's bearing Arms at the solemnizing of their Funerals, is set up in the Church for the Honour of the deceased, and is by the covetousness of the Incumbent that pretendeth right thereunto, as Offerings due unto him, afterwards taken down; or if they be defaced by any other, such are to be severely punished as Malefactors: And in that case the Action shall not be given to the Widow, though she be Executrix or Administratrix of her Husband's Goods; for such things which serve for the Honour of the party deceased, are not to be accounted inter bona Testatoris. And the Heir shall have his Action as the Defender of his Ancestor's Honour: But the wrong is offered to the House and Blood, and therein specially to the Heir, qui est totius geniturae splendor; and therefore to him accrueth the right of Action; for so it is reported by Sir Iohn Fern in his Glory of Generosity, fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged.

OF VISCOUNTS. CHAP. VII.

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THE next Degree of Honour to an Earl is a Viscount, which was anciently a Name of Office under an Earl; who being an immediate Officer of the King's in their County, for that their personal attendance was oft-times required at the Court, had his Deputy to look after the Affairs of the County, which at this day is an Office, and called a Sheriff, retaining the Name of his Substitution; in Latin therefore called Vicecomes. But about the Eighteenth of Henry the Sixth it became a Degree of Honour, who conferred this Title upon Iohn Lord Beaumont by Letters Patent.

A Viscount is created by Patent, as an Earl; hath a Hood, Surcoat, and Mantle, which hath on it two Guards and a half of white plain Furr, without Ermins; And his Coronet is only pearled with a row of Pearls close to the Chaplet.

He hath the Title of the Right Honourable and truly Noble, or Potent Lord: He may have a Taveress in his own House; and his Viscountess may have her Train born up by a Woman out of her Superior's presence, and in their presence by a Man.

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The Effigies of the Right honrbl: Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties: most Honbl: Priuy Councell &ct. R. Whi [...] sculp:

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The Rt. Honourable George Sauile Viscount Halifax Baron Sauile:

The Rt. Honourable Robert Paston Viscoun [...] Yarmouth Baron Paston of Paston:

The Rt. Honourable Francis Viscount Nervport [...]f Bradford, Baron Nervport of High Erc [...]ll. Ld. Leutenant of ye. County of Salop. Treasurer of his matys. Household. & one of ye. Lds. of his matys. most honble. Privy Councell.

[figure]

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The Rt. Hon [...]rbl [...]. Thoma [...] Needham L [...]rd Viscount Killmurr [...]y of the Kingdome of Ireland.

The Rt. Honorable Wi [...]liam Viscount Brouncker of Lyon [...], and Baron Brouncker of N [...] Castle in the Kingdome of Ireland. &a.

The Rt Hon [...]rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland.

The Rt. Honorable Maurice Berkeley [...] Baron Beckeley of Rathdowne; & Viscount Fitz Harding, of [...]ear hauen in the Kingdome of Ireland.

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The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley.

The Right Honourable Francis Browne, Viscount Montague.

The Right Honourable William Finn [...] Viscount and Baron Say and Seale.

The Right honble. Edward Viscount Conway, & Bar [...]n of Ragley in England, and Viscount of Kilultagh in Ireland Leivetenant Generall of ye Horse, and one of the Lords of his Majestys mo [...]t honble. privy for the said Kin [...]dome of Ireland.

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The Rt. Honourable Baptist Noel Viscoun [...] Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire

The Right Honourable William Howard Viscount and Baron Stafford:

The Rt. Honourable Thomas Bellasis [...] Viscount Folconbergh of Henknowle. [...] Falconbergh of Yarum, Lord Leivtenant of North rideing of Yorkeshire & one of ye Ld [...]. of his [...]. Most honble. Priuy Councell.

[...]he Rt. Honourable, Iohn Mordant [...] Mordant of Aveland and Baron of Rygate

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The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate & Metropolitan of all England, & one of y• Lords of his matys most honble. privy Councell.

The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke, Primate and Metropolitane of England &ca.

The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London, Grand Almoner to his Maty. & one of ye Lords of his matys. most honble. privy Councell &ca.

The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum & Chancellor of the most noble order of ye Garter &c•.

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The Right Reverend Father in God Henry Compton, by Divine permission Lord Bishop of London, Deane of his matys. Chappel, and one of ye Lords of his most honble. privy Councell, brother to ye Rt. honble. Iames Earle of Northampton.

The Right Reverend Father in God Nathaniel Crew, by divine permission Lord Bishop of Durham, Clerk of the Closet [...] to his Maty. and one of the Lords of his most honble. privy Councell; son to ye Rt. honble. Iohn. Ld. Crew Baron of Steane.

The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester.

The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely.

OF THE Lords Spiritual. CHAP. VIII.

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ACCORDING to the Laws and Customes of this Realm, many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen, who in all succeeding Ages have been reverenced with the greatest observance imaginable, as being acknowleded by all good Christians to be those Messengers sent, and particularly appointed by God to take care of our Souls.

The Subjects of England are either Clergy or Laymen, both which are subdivided into Nobility and Commons. Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House; the Commons Spiritual, viz. the Clergy elected to sit in Convocation (who once had place and suffrage in the Lower House of Parliament) and the Commons Temporal, viz. the Knights and Burgesses make the Commons.

Most evident it is, by the Consent of all the Councils, Fathers, Histories, and Universal Tradition, That for the first Fifteen hundred years continuance of Christianity, there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy; they were ordained by the Apostles themselves to be their Successors in Christ's Church, to have a vigilant eye over the Pastors and Teachers under them, as to their Lives and Doctrine, for the preservation of Truth and Peace, the prevention of Scandal, suppression of Heresie and Schism, and to have a care of their Flock, to bring them to Salvation. 'Tis not therefore without reason that in all times they have been the first of the two Divisions of the people, the Clergy and Laity; and as Spiritual Barons take place of Temporal; they take their name from the Saxon word Biscoep, a Super-intendent or Overseer.

They are three ways Barons of the Realm, viz. by Writ, Patent, and Consecration. They precede all under the Degree of Viscounts, and are always placed upon the King's right hand in the Parliament House. They have the Title of Lords, and Right Reverend Fathers in God: And their Sees, by the piety of former times, are endowed with fair Revenues for the due administration of what belongs to their places: And to keep them from corrupt and sinister affections, the King's most Noble Progenitors, and the Ancestors of the Nobility and Gentry, have sufficiently endowed the Church with Honour and Possessions.

Many Priviledges and Immunities were likewise granted to them, and the Clergy, by the Saxon and Danish Kings; as coyning of Money, conferring the Order of Knighthood, &c. which hath been long since appropriate to the Crown. Thus Laufranck, Archbishop of Canterbury, made William the Second Knight in the life time of his Father.

[Page]Of Priviledges remaining, some belong to to the Archbishops; some to the Bishops, as they are so; and some to them, and all other of the Clergy.

We read of three Archbishopricks in England before the Saxons came amongst us; viz. that of London, York, and Carleon upon Vske: But Christianity being thence expelled, by the Pagans, the succession of those Sees ceased, till it pleased God to restore the Light of his Gospel to the blind Saxons (which in this Kingdom had planted themselves) by the Ministration of St. Augustin, who first preached Salvation to them at Canterbury, and was there buried, for whose sake they removed the Episcopal See from London unto Canterbury; and in process of time placed another Archbishop at [...]ork; which two Provinces included England and Wales, and have Five and twenty Bishops under them, Six and twenty Deans of Cathedrals and Collegiate Churches, Sixty Arch-Deacons, Five hundred forty four Prebendaries, many rural Deans, and about Ten thousand Rectors and Vicars of Parishes.

The Archbishop of Canterbury was anciently the Metropolitan of England, Scotland, Ireland, and the Isles adjacent; and was therefore sometime styled a Patriarch, and had several Archbishops under him: His style was, Alterius orbis Papa, & orbis Britannici Pontifex: The Date of Records in Ecclesiastical Affairs ran thus, Anno Pontificatus nostri primo, &c. He was Legatus Natus; which power was annexed to that See near One thousand years ago, whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King's special Licence. In General Councils he had place before all other Archbishops at the Pope's right Foot: Nor was he respected less at home than abroad, being according to the practise of most other Christian States, reputed the second person in the Kingdom, and named and ranked before the Princes of the Blood.

By the favour of our present King he still enjoys divers considerable preheminences; as Primate and Metropolitan of all England; hath power to summon the Arch-bishop of York, and the Bishops of his Province to a National Synod; is primus par Regni, preceding not only Dukes, but all the Great Officers of the Crown, next to the Royal Family. He is styled by the King, Dei Gratia Archiopiscopus Cantuarii: Writes himself Divina Providentia, as doth the Archbishop of York; (other Bishops write Divina permissione:) and hath the Title of Grace given him, (as it is to Dukes;) and Most Reverend Father in God.

His Office is to Crown the King; and wheresoever the Court shall happen to be, 'tis said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean; the Bishop of Winchester his Chancellor; and the Bishop of Rochester his Chaplain. He hath the power of all the probate of Wills, and granting Letters of Administration where the party hath bona notabilia, that is Five pounds worth, or above, out of the Diocess wherein he dieth; or Ten pounds worth within the Diocess of London. By Statute of Hen. 8. 25. he hath power to grant Licences, Dispensations, &c. and holds divers Courts of Judicature; viz. his Courts of Arches, of Audience, his Prerogative Court, and his Court of Peculiars: And he may retain, and qualifie eight Chaplains, which is more by two than a Duke can do.

The Arch-bishop of York was also Legatus Natus, and had that Authority annexed to his See. He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes, not of the Royal Blood, and of all great Officers, except only the Lord Chancellor, or Lord Keeper. He hath the Title of Grace, and Most Reverend Father in God: He hath the Honour to Crown the Queen, and to be her perpetual Chaplain. He is also styled Primate of England, and Metropolitan of his Province. He hath the Rights of a County Palatine over Hexamshire in Northumberland. He may qualifie Chaplains; and hath divers other Prerogatives which the Archbishop of Canterbury hath within his own Province; but Durham being one, hath in many things a peculiar Jurisdiction, exempted from the Archbishop.

Priviledges belonging to the Bishops are as followeth.

IN their own Court they have power to judge and pass Sentence alone, without any Colleague, which is not done in any other Court: And therefore the Bishops send sorth their Citations in their own Names, not in the King's, as the Writs in other Courts run. They may depute their Authority to another (as doth the King) either to their Suffragan-Bishops, their Chancellors, Commissaries, or other Officers, which none of the King's Judges can do. In whatever Prince's Dominions they come, their Episcopal Dignity and Degree is owned; they may confer Orders, &c. whereas no Lay-lord is acknowledged but in the King's Dominions, who gave him the Title. None of them can be Indicted of any Crime before a Temporal Judge, without especial Licence from the King: A severe penalty to be inflicted on them that raise any Scandal or false Report. In a Tryal where a Bishop is Plaintiff or Defendant, the Bishop may, as well as any Lay-lord, challenge the Array, if one Knight at least be not returned upon the Jury. In Criminal Tryals for life, all Bishops are to [Page] be tryed by their Peers, who are Barons, and none under that Degree to be impanelled: but anciently they were exempted from any Tryal by Temporal Judges. In Parliament they may Vote in any thing, but in sentence for Life, or loss of Member, they being by Common Law to absent themselves; and by Common Law to make Proxies to Vote for them. They are freed from all Arrests, Outlawries, Distresses, &c. They have liberty to hunt in any of the King's Forests or Parks, to take one or two Deer, coming or going from the King's Presence; and to have Wine free from Impost, &c. Their Persons may not be seized for Contempt but their Temporalities only; and their word only is to be taken, and their Certificate allowed in the Tryal of Bastardy, Heresie, &c. And such respect has been shewed their Persons, that an Offence by a Clergyman to his Bishop is called Episcopicide, and punished as Paracide, equal to petty Treason.

Every Bishop may qualifie as many Chaplains as a Duke: They are all Barons and Peers of the Realm, and have place in the upper House of Parliament, as afore noted, and take place according to Seniority of their Consecration, except London, Durham, and Winchester, who precede by Statute made in the Reign of King Henry the Eighth.

It will not be amiss to speak somewhat of the Immunities common to all Ecclesiasticks, as well Commons as Lords Spiritual, as followeth.

All Suffragan Bishops, Deans, Archdeacons, Prebends, Rectors, and Vicars have priviledge, some by themselves, others by proxy, to sit and vote in the lower House of Convocation.

No Subsidy or other Tax can be imposed upon them without their own consent. No Clergyman may be compelled to undergo any personal Service in the Commonwealth, nor to serve in the Wars, or to bear any servile Office. They are free from the King's Purveyors, Carriers, Posts, &c. for which they may demand a protection from the King, cum clausula nolumus. They are not obliged to appear at the Sheriffs Turns or Views of Frank pledge, nor are impanelled to serve upon Inquests at Assizes or elsewhere. If a Clergyman acknowledge a Statute, his Body shall not be taken thereupon; for the Writ runs, Si Laicus sit, &c. Their Goods are discharged from Tolls and Customs (si non exerceant Merchandizas de eisdem;) but they must have the King's Writ to discharge them.

As the Clergymen are exempted from the Wars, being by reason of their Function, they are prohibited the wearing a Sword; so every man in the order of Priesthood is debarred the Order of Knighthood of the Sword, cum eorum militia sit contra mundum carnem & diabolum, saith Sir Iohn Fern; yet laying aside their Cures, and also lying themselves to a secular life, they have been admitted. Dei natalin (saith Matth. Paris) Iohannem de Gatesden clericum & multis 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 above 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.

OF BARONS. CHAP. IX.

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AMONGST the Nobles and Honourable Persons, Barons have the next place. And first, of the Dignity and Degrees of a Baron in general: Secondly, of the Etymology of the Name: Thirdly, of the Antiquity thereof, and of the divers uses in former Ages: Fourthly, of the Division, and the consideration of the several kinds of Barons: And lastly, a Declaration of the divers and sundry Priviledges allowed them, and the rest of the Nobles, by the Laws of this Realm.

The Definition or Description of a Baron.

IT is a certain Rule in Law, Definitiones in jure sunt periculosissimae; earum est enim [...] non subverti possunt; and therefore I do not often find any Definition or Description of a Baron delivered by Writers: nevertheless in this our Kingdom, it is my Opinion, that a Baron may be described in a generality, answerable unto every special kind thereof in this manner.

A Baron is a Dignity of Nobility and Honour next unto the Viscount: And the Books of Law do make a difference between Dukes, Marquisses, Earls, and Viscounts, which are allowed Names of Dignity, and the Baron; for they affirm, That such a Baron need not to be named Lord or Baron by his Writ; but the Duke, Marquiss, Earl, or Viscount, ought to be named by their Names of Dignity.

Cambden, fol. 1692. saith, That our Common Laws do not allow a Baron one of the Degrees of Nobility: But I take it to be understood of Barons by Tenure, or Barons by Writ only: For the Title of a Baron by Patent is in his Letters Patents under the Great Seal of England adorned by the name of Status, Gradus, Dignitas; and therefore is requisite to be named: And such Dignities are a parcel of the Name of the Pohenor, as well as the Title and Style of a Duke, Marquiss, Earl, or Viscount. And although there may be conceived this Difference last mentioned between the Baron by Tenure or Writ, and the Baron by Patent; yet they being all Members of the higher House of Parliament, they are thereby equally made Noble, Honourable, and Peers of the Realm, as they are Barons, without any other distinction.

The Etymology of the Name of Baron.

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

Effigies Illustrissimi Dnī Caecilij Calvert, Baronis BALTEMORE de Baltemore in Regno Hibernice; Absoluti Dnī et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etca.

Abra: Blotling sculp

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The Right Honourable George Lord Nevill Baron of Aberg [...]venny in Monmouthshire [...]

The Right Honourable Iames Lord Tou [...]hett Baron Audley of H [...]leigh in England, and Earle of Castle ha [...]en in Ireland &ca.

The Right Honourable Charles Lord We [...] Baron De la Ware in Hantshire:

The Right Honourable George Lord Berkley of Berkley &ca. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour &ca

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The Right Honourable Thomas Lord Parker, Baron Morley, and Monteagl [...] in Lancashire.

The Right honourable Conyers Lord D'Arcy, Baron D'Arcy, and Menil, in Yorkshire.

The Right Honourable Benjamin Lord Mildmay Baron Fitzwater.

The Right Honourable William Lord Sturton, Baron Sturton of Sturton, in Wiltshire.

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The Right Honourable Henry Lord Sandis, Baron Sandis of the Vine in Hantshire.

The Right Honourable Thomas [...] Lord Windsor, Lord Leivetenant of Worcestersh; and one of ye Lords of his Ma••s. most honble. Privy Councel for ye Kingdome of Ireland.

The Right Honourable Thomas Lord Cromwell, Baron of Oakham in Rutlandsh: and Earle of Arglast, & Viscount Lecaile, in the Kingdome of Ireland.

The Right honrbl. Ralph Lord Eure, Baron of Wilton in the County of Northumberland. &ct.

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The Right Honourable Phillip L [...] Wharton Baron of Wharton in The County of Westmoreland.

The Right Honourable Iohn Lord [...] Baron Willoughby of Parh [...]m in Lincolnshire:

The Right Honourable William Lor [...] Pag [...] [...] of Beaudefert in the County of Stafford:

The Right Honourable Charles Lo [...] [...] of Cartlidge in ye. County of Can [...]r [...] and Baron Grey of Roleston:

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The Right Honourable William Lord Bruges, Baron Chandois of Sudley Castle in Glocester shire.

The Right Honourable Iames Lord Bertue, Baron Norris of Rycott in Oxford shire, brother to the Right Honourable Robert Earle of Lindsey &ct.

The Right Honourable William Petre, Baron of Writtle in Essex.

The Right Honourable Digby Gerard, Baron of Gerards [...] Bromley in Staffordshire.

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The Right Hon••e. Charles Lord Stanhope, Baron of Harrington in the County of Northampton &ca.

The Right honble Henry Lord Arundell, Baron of Wardure in Wiltshire, and Count of the Empire.

The Right Honourable Christopher Lord Roper, Baron. Tenham of Tenham in Kent.

The Right Honourable Robert Grevill, Baron Brook of Beauchamps: Court in Warwickshire, Ld. Leivtenant of Staffordshire.

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The Right Honourable Edward Lord Montague of Boughton, decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury.

The Rt. honble. Ralph Lord Grey Baron of Warke &c• of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th. created Earle of Tangverville in the said Kingdome.

The Right Honourable Iohn Lord Roberts, Baron of Truro in Cornwall, and one of ye Lords of his maties. most Honourable Privy Councell. &ca.

The Right Honourable Iohn Lovelace, Baron of Hurley in Barkshire.

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The Right Honourable Iohn Lord Poulet, Baron of Hinton St. George in Somerset shire.

The Right Honourable William Maynard, Baron of Estaines in Essex, and Baron Maynard of Wicklow in Ireland, Comptroler of his Mtys. household, and one of the Lords of his most Honourable privy Councell

The Right Honourable George Coventry, Baron of Alesborough in Worcestershire.

The Right Honourable Thomas Howard, Baron of Escricke in Yorkshire.

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The Right honble. Charles Lord Mohun, Baron Mohun of Okehampton in Devonshire

the Right honble. Edward Lord Herbert, Baron of Cherbury in Montgomeryshire, and of Castle Island in Ireland, and one of the Lords of his maty•. most honble. privy Councell for the Kingdom of Ireland [...]

The Right honble. Thomas Lord Leigh. Baron Leigh of Stoneley in Warwick-shire

The Right honble. Richard Lord Biron, Baron of Rachdale in Lancashire

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The Right honrbl. Christopher Lord Hatton, Baron of Kirby in Northamptonsh: Governor of the Isle of Gemsey &ct.

The Right honrbl: Richard Lord Vaughan Baron of Emlyn in England, and Earle o [...] Carbery in Ireland. and one of the Lds. of his Majestys most honrbl: Privy Councell:

The Right honrbl. Francis Lord Carrington, Baron of Wotton in Warwicksh, & Viscount B [...]rreford in the Kingdome of Ireland.

The Right honble. William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne.

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The Right Honourable Edward Lord Ward, Baron of Bermingham in the County of Warwick

The Right honrbl: Thomas Lord Culpeper Baron of Thornsway in Kent.

The Right honrbl. Iacob Lord Astley, Baron of Reding in Berkshire.

The Right Honourable Charles Lord Lucas, Baron of Shenfeild in the County of Essex.

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the Right honble. John Lord Belasis, Baron of Worlabye in Lincolnshire

the Right honble. Edward Watson, Baron Rockingham of Rockingham in Northamtonshire, son of Lewis Lord Rockingham by ye Lady Elianor sister to Iohn Earle of Rutland now living. An. 1625

The Right Honourable Charles Lord Gerard, Baron of Brandon in Suffolk Gentleman of his matys. Bedchamber

The Right honble. Robert Sutton, Baron Lexington of Axam in Nottingham shire

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The Right Honourable Charles Henry Lord Kirkhoven Baron. Wotton of Wotton in Kent.

The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland.

The Right honrbl: William Lord Crofts Baron of Saxham in Suffolk O [...]e of the Gentlemen of his matys. Bedchamber

The Right honrbl Iohn [...] Lord Berhley Baron of Stratton in Somersetshire One o [...] the Lords of his Majestys most honrbl Privy Councell.

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The Right honble. Denzell Lord Holles Baron of Ifield in Sussex, Lord high Steward of the Honors Manors, and Revenews of the Queens, Custos Rotolorum of Dorset shire.

The Right Honourable Charles Lord Cornwallis, Baron of Eye in Suffolke &ca.

The Rt. honble. George Lord Booth, Baron De la Mer of Dunham: Massey in Cheshire &ca.

The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke, &. Lord Leivetenant of the said County &ca.

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The Right Honourable Iohn Lord Crew, Baron of Stean in Northampton shire.

The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire.

The Right Honourable Richard Lord Arundell, Baron of Trerife in Cornwall.

The Right honble. Thomas Butler, Earle of Oss [...]ry in Ireland, Baron Butler of More Park in Hereford shire, Eldest Son to his Grace Iames Duke of Ormond, Kt of the Garter, one of the Gentlemen of his matys. Bedchamber and Lords of his most Honourable privy Councell &ca.

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The Right Honorbl: Hugh Lord Clifford, Baron of Chudleigh in Devon: shire.

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

The Right honrbl. Heneage Lord [...]inch Baron of Doventry Lord High Chancellor of England. & [...] a

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The Rt. honrbl: Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of ye: Bath & Bart. was in ye: 3d: of K. Ch: ye: ist: created to ye: sd. Dignity.

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

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

The Right Honourable Iohn Lord Baron of Kingstō Ld President of the Province of Connaugh. Comissary generall of ye. Horse for his matys. Army in Ireland and one of the Lds. of his matys. most honrbl. Privy Councell for [...]he said Kingdome.

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

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

IT seemeth that the Dignity was more ancient than the Name; for in the ancient Constitutions there is no mention made of the name of Barons; howbeit, the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores, and afterwards called Capitanei. For of the Valvasors, which are thought to be the Barons Valvasores Minores, and Valvasini, or Valvasores Minimi. The like Dignity (before the Conquest) had those which of the English-Saxons were called Thaines. Mills, fol. 28. saith, Barons were in France from the beginning; nevertheless, the name of Baron was not much used in this Kingdom until the Norman Conquest, after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons: For as they in general and large signification did sometimes use the same to the sense and meaning, and import of a Freeman, born of a Free Parentage, or such like: So did the Normans use the word Baron, and therefore called their best esteemed Towns and Boroughs by the name of Barons: And so the Citizens of London were called Barons Londonni; divers ancient Monuments of whom also Britan. maketh mention, fol. 272. & lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons. And the Barons of Warwick in the Record of Domesday: and unto our time, the Free Burgesses of the Five priviledged Ports; and for that also divers of the Nobility of Barons, as well Spiritual as Temporal, did in ancient time sit in the Exchequer to determine the matters there arising. The Judges of that Court have been, time out of mind, called Barons of the Exchequer. And [...]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 immediate Barons, being the Peers of the Realm: And in like manner certain others of the Nobility, especially the Earls which have Jurisdiction Palatine, and Earls-Marshal, whose Countries have confined upon the Coasts of the Enemy, and had under them for their better defence, a kind of Barons; as namely under the County Palatine of Chester were these Barons, viz. the Barons of Hilton, Mountale, Molebanck, Shipbrooke, Malpas, Massa, Kinderton, Stockport, &c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales; and therefore the Earl thereof being an Earl-Marshal, had also under him his Barons, as by the Parliament Rolls 18 Edw. 1. doth appear.

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

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

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

The Tenor and proper signification of the word Baron.

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

CHAP. X. Barons by Tenure.

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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 Spiritual by Tenure sufficient is said, whereunto may be added, That it appeareth by all the ancient Writers of our Law, as Brittan, Glanvile, Bracton, and the rest, that the Archbishops and Bishops of the Realm in the ancient Saxons days, as well during the time that the Realm was divided into divers Kingdoms, as also after the uniting of them into one Monarchy, were called to Parliament or Assemblies of State as Wisemen; not so much in respect of their Tenure, for in those days all their Tenures were by a Frank Almoigne; but especially for that the Laws and Counsels of men are then most currant and commendable, and have a more blessed Issue and Success, where they are grounded upon the Law of God, the Root and Beginning of all true Wisdom And therefore our wise and religious Ancestors called to their General Council, or Wittengemote, or Court of Wisemen (as they called it) those chief and principal persons of the Clergy, which by their places and professions, by their Gravities, Learning and Wisdom, might best advise them what was the Law of God's acceptable will and pleasure, that they might frame Laws answerable, or at least wise not contrary and repugnant thereunto.

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

Bracton doth make express mention of Barons Temporal by Tenure; it shall be needful here again to remember the former assertion of Bracton, That the head of a Barony descending to Daughters should not be divided by partition, which argueth likewise the Tenure of Barony. But let us descend to other Authority, viz. the Book-Case in the 48 Edw. 3. fol. 30. Sir Ralph Everdon's Case; by which Case of Law '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 Statute of Westminster 2. cap. 41. where the Fees of the Earl-Marshal and the Lord Chamberlain are expressed, which are to be taken by them upon the Homage done of every Baron by Tenure, whether the Baron holdeth by a whole Barony, or by a less.

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

To these Objections it shall be convenient, for the more easie unfolding the s [...]ate of this Question, to exhibit certain necessary distinctions, and upon them to draw true and infallible Conclusions; and then to prove them by authority of Law, consent of Time, and manifold Presidents: which done, the Answer will be presently made (as I conceive) to every of the aforesaid Objections.

First therefore, If a Baron by Tenure, which holdeth any Castle, Honour, or Mannor by Baronage, do Alien o [...] give the same away, he doth it either with or without a Licence obtained from his Majesty for the same. If he doth it without a Licence, then the Conclusion is certain. But by the Laws of this Realm the Barony, Honour, Castle, or Mannor so aliened [Page] without licence or consent, is for [...]eited; and the same Honour, Castle, and Mannor [...]o [...]olden 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 extinguished in the Crown, from whence it was derived.

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

In Edward the Third, certain Lands being parcel of the Barony of Bremberway were aliened by William de Browse the Baron thereof, without the King's Licence, and in the Argument of the Case concerning the same, Judge Green delivered this for Law. First, That parcel of a Barony or Earldom of the King in chief cannot be aliened or dismembred without his Licence; and if it be, it shall be seized, into the King's hands as forfeited, and the King shall be seized thereof in his own right again. In 43 Edw. 3. it was found by an Office, that William Bishop of Chester had leased unto one Iohn Preston, for his Life, a Mannor which was parcel of the Mannor of the said Bishoprick without Licence, and it was resolved by the Judges, and others of the King's Council, That the same was forfeited; but by mediation of the said Council the Bishop submitted himself to the King, and made a Fine, and several Scire Facias's issued out against them that had received the many 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 Alienation is made for the continuance of his Barony, Honour, Lands, and Tenements in his own Name, Blood, and Issue Male; or else the same Alienation is made for Money or other Recompence, or otherwise to a meer Stranger: and hereof ensueth this second Conclusion or Assertion, That if such Alienation be made for the continuance of his Barony in his Name and Blood, or Issue Male (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 baron.

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 aliened 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 Barony, that have upon divers occasions come to the Crown, were extinct; and after the same Lands were given or conveyed to others, reserving 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 aliened 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 Parliament notwithstanding such alienation.

To that I Answer, That it is true; but it proveth nothing against the former Resolution, and therefore for better satisfaction of this point, it is to be considered, that either such Barons are original Barons by Writ, or Barons by Tenure. Barons by Writ (in this respect now in hand) are of two kinds; for either in such Writ whereby they are, or their Ancestors were first summoned, they were only named by their own Names, or else there was addition given them of the principal place of their abode, which was done for distinction sake, either to sever them from some honourable 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 antiently 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 Alienor which made such Alienation, be called [Page] 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 Alienation notwithstanding, forasmuch as the Writ directeth at the pleasure of the Prince, doth give unto him that Addition of Name and Dignity.

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 mentioned 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 appointed 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 Barons 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 Barons.

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 commendable 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 effusion of much Blood, of which said Rebellions the Right Honourable Simon Earl of Exeter, was Ring-leader for the Defence of their Liberties (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 Statutes now in use amongst us) And for the defence of other Constitutions and Ordinances then made at Oxford: And after divers Fields sought betwixt them at Northampton, Rochester, 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 ensued 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 disinherited of their Estates. And the Number of Barons who had continued faithful unto their Soveraign 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 others 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 Barony, and thought it a burthen to their Houses, got themselves (upon Petition) afterwards to be exempted, as by divers Records thereof remaining 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, Iohanni Baroni de Graystock, Iohanni Baroni de Dudley, Edwardo Nevill Baroni Abergaveny, as it was in the Reign of King Iames.

Some other are summoned by Name of the party, with addition of the place (as Iohanni Strange de Knocking, Militi, Edwardo Gray de Groby, Militi, Iohanni le Scroop de Masham, Militi, Willielmo Souch de Harringworth, 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 aforesaid.) 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, without any addition of place or dignity, as William 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 Question, [Page] for the more orderly disposition thereof, I shall divide into these Heads or Points.

Question.

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

Secondly, Admit such a Barony may descend, then, Whether it doth descend to the Heirs, although not so near as the Heir Female?

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 Negative, 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, cannot 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 reason that it should not descend from the Ancestor 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, whereby he is become unfit for Counsels and Conversations, for what reason should he enjoy that Dignity, whereof he is either unworthy or uncapable? for the effect hath no place where the cause faileth: and hereof they conclude 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 respect of Wisdom and Vertue of him on whom it was first bestowed, is not only a due recompence for himself whilst he lived, but also a memorable Reward thereof to Posterity. The words of Cicero to this effect are most excellent, Homines bonos semper nobilitate favimus, & quia utile republicae est nobiles esse & homines dignos majoribus suis, & quia valere debet apud nos claros hujusmodi senes fuisse, è republica moveretur memoria & mortucrum 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 Solomon 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 Ancestor should be likewise Honour to the Posterity; 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 Assertion 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 inserted, 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 Sovereign: 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 Supream 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 discovered.

Those that maintain the Affirmative part, do say, That in reason the Sex of the Heir Female 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 [Page] 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 England, which descended unto the Daughter of Hum. de Bohun Earl of Hereford and Essex. Also the Office of the Lord Steward descended to Blanch, Daughter of Henry Earl of Lancaster. The like may be said of the Office of Earl-Marshal, which descended by an Heir Female to the House of Norfolk. All which Offices 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 support and lawfully bear the Dignity of a Baronage unto them descended by a Woman.

The first Argument contra.

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

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

The Second Argument contra.

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

The Third Argument contra.

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

And therefore whereas Ralph Lord Cromwell, being a Baron by Writ, died without Issue, having two Sisters and Coheirs, Elizabeth the eldest, who married Sir Thomas Nevile Knight, and Ioan the younger, who married Sir Humphrey Butcher Knight, who was called to Parliament as Lord Cromwell, and not the said Sir Thomas. Thirdly, It is to be observed, That if a Baron by Writ die without Heir Male, having his Daughter, Sister, or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any ancient entail, or otherwise, the Title of such an Heir Female hath heretofore been allowed, as by the honourable Opinions and Relations of the Right Honourable the late Commissioners in the Office of Earl-Marshal, signified unto the late Queen, upon Petition of the Sister and Heir of Gregory Lord Dacres deceased, may appear.

Moreover, in the same Pedigree of the Lord Dacres it was expressed, That Thomas, sometimes Lord Dacres, had issue Thomas his eldest Son, Ralph his Second, and Humphrey his third. Thomas, the eldest, died in the life of his Father, having issue Ioan Daughter and Heir, who was married to Sir Richard Fines Knight, and after Thomas Lord Dacres his Grandfather, and Father to the said Ralph and Humphrey, died; after whose death Henry the Sixth, by his Letters Patents bearing date at Westminster the Seventh of November, in the Seventh year of his Reign, reciting the said Pedigree and Marriage, doth by his said [Page] Letters Patents accept, declare, and repute the said Richard Fines to be Lord Dacres, and one of the Barons of the Realm. But afterwards, in the time of Edward the Fourth, the said Humphrey Dacres, after the attainder of the said Ralph, and himself by an Act of Parliament, which was the first of Edward the Fourth; And after the death of the said Ralph, and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth, the said Humphrey made challenge unto the said Barony, and unto divers Lands of the said Thomas his Father, whereupon both parties, after their Title had been considered of in Parliament, submitted themselves to the Arbitrement of King Edward the Fourth, and entred into Bond each to other for the performance thereof; whereupon the said King, in his Award under his Privy Seal, bearing date at Westminster the Eighth of April, Anno Regni sui decimo tertio, did Award that the said Richard Fines, in the right of Ioan his wife, and the Heirs of his body by the said Ioan begotten, should keep, have, and use the same Seat and Place in every Parliament, as the said Thomas Dacres Knight, Lord Dacres, had used and kept; and that the Heirs of the body of the said Thomas Dacres Knight, then late Lord Dacres, begotten, should have and hold to them and to their Heirs the Mannor of Holbeach. And further, That the said King Edward did Award on the other part, that the said Humphrey Dacres Knight, and the Heirs Males of the said Thomas, late Lord Dacres, should be reputed, had, named, and called the Lord Dacres of Gillesland; and that he, and the Heirs Males of the body of the said Thomas, then late Lord Dacres, should have, use, and keep the place in Parliament next adjoyning beneath the said place, which the said Richard Fines Knight, Lord Dacres, then had and occupied.

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

Moreover this is specially observed, If any Baron by Writ do die, having no other Issue than Female, and that by some special entail, or other assurance, there be an Heir Male which doth enjoy all or great part of the Lands, Possessions, and Inheritances of such Baron deceased, the Kings have used to call to the Parliament by Writ, as Baron, such Heir Male, omitting the Husband of the Issue of such Heir Female. And this also appeareth by a notable Controversie in the time of Henry the Seventh, between Sir Robert Willoughby Lord Brook, and Richard Lord Lattimer, for the Barony of Lattimer, which in effect was; The said Lord Brook did challenge the Barony of Lattimer, as 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 Petition to Henry the Seventh in Parliament; whereunto Richard Lord Lattimer was called to answer, because he then enjoyed the said Title and Dignity.

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

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

[Page]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, Whether the husband of such an Heir Female shall enjoy the Dignity in right of his wife, or no? Wherein we are to rest upon a Resolution had and given to this special Question, which was in this manner.

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

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

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

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

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

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

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

Question.

If a 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 Parliament; 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 former Dignity; or whether shall he lose his old place, and take a new one, according to the time of his Creation?

Answer.

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The Case of the Lord Delaware lately erected a Resolution somewhat answerable to this Question: Thomas Delaware in the third of Edward the Sixth, being in some displeasure with William West his Heir and Nephew, who was Father to Thomas late Lord Delaware, and Grandfather to Henry Lord Delaware that Nevis procured by Act of Parliament, 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, Tenements, or Hereditaments, Title and Dignity 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 pardoned 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 Dignity 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 consideration of Law, and he thereby utterly disabled to have the same during his life, only so as other acceptance could not extinguish that Dignity which he then had not, nor could not conclude 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 England, 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 understanding and direction of that which followeth 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, Possessio fratris in feodo facit sororemesse haeredem: But if a man by any of the three means aforesaid 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 Dignity 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 fratris 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 possession. Coke's third part, 92.

Having thus much treated concerning the Creations, and other things incident to the degrees 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 decorum 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 Portion and Inheritance in Land to support the said Dignity, which Supplies are as Sinews conjoyned in the same: For in Vertue and Riches (as Aristotle confesseth) all the old Nobility 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 Twenty pounds Land by the year; a Baron's thirteen Knights Fees and a quarter; and an Earl's twenty Knights Fees. For always the fourth [Page] 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 Exchequer, that the Relief of a Duke amounteth unto Three hundred pounds. And this is the reason in our Books, that every of the Nobility 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 Senatores 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 prescribed 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 Majesties Houshold, and the Lord Chamberlain also 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.

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

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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 whereupon 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 Arraignment, who before the said day shall make a Precept to his Serjeant at Arms, that is appointed 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 Prisoner, and having caused the Commission to be read, the same Serjeant shall return his Precept, 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 Serjeant 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 other place, whilst the Lords do secretly confer together in the Court; and then the Lords shall rise out of their places, and consult amongst themselves, and what they affirm shall [Page] 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 Arraigned, 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 before his eight part, fol. 2. cap. 29. beginning thus, Millus liber homo, &c. nec super eum ibimus, nec super eum mittemus, nisi per legale 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 Custom 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 Arraignment 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 regard of the person, as in the manner of proceeding. As touching the person; first the Archbishops and Bishops of this Realm, although 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 concerning 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 eldest 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 apprehended in England, they shall not have this Tryal by Peers, no, though they were born in England; for they received their Dignity from a King of England of other Nations: But if the King of England do at this day create 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 Charta, 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 Felony; for the words of the Statute be Nec super 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 persons, and not by his Peers.

And so was Fines Lord Dacres tryed in Appeal 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 Sheriff.

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 [Page] out of the Chancery reciting their priviledges, directed to the Justices before whom such Noble persons are so impannelled, commanding to dismiss him or them that were so impannelled 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 Commonwealth, in any necessary and important degree or business of the Realm. And therefore divers Barons of the Marshes of Wales were impannelled before the Bishop of Ely, and other Commissioners 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 Edward the First, where Iohn de Hastings, Edmond 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 appeareth. 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 aliquam causam specialiter exigatur, &c.

If any Nobleman do bring an Action of Debt upon Account, in case where the Plaintiff is to be examined (which is always intended 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 upon his Oath.

And this priviledge the Law hath given to the Nobility, That they are not Arrested upon 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 Noblemen, 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 appear, no Attachment shall go out against him: For in the Fourteenth year of Queen Elizabeth 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 according 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 penalty 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 awarded 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 award a Supersedeas, which is in the Books of Entries in the Title of Error, Sect. 20.

And there are two Reasons or Causes, wherefore no Capias or Exigit lieth against any Peer; one because of the dignity of their persons, and the other by intendment of Law. There is none of the Nobility but have sufficient Freehold, which the Plaintiffs may extend 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 compel the Sheriff to return great Issues against him, and so at every default to encrease the issues, 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, [Page] out of which the Leet to be extracted. And agreeable thereunto is the Statute of Marlbridge, 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 Expences and Fees, the Knights of the Parliament are not contributary for such Lands as are parcel of their ancient Lordships and Baronies; but for other Lands they are. But there is a Question made, If one which is no Baron, but ignoble, do purchase any ancient Barony, whether he shall be discharged of such Expences and Fees, or not? Which is not worthy the questioning: For as Land holden by Villainous Service doth not make him a Villain or Bondman, which being free doth purchase the same, although 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 Service 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 otherwise than by the strict course of the Law the Plaintiff may challenge. Cambden, f. 169. writing upon this Subject, saith, Where a Nobleman is Demandant, the Defendant may not be assoyned for the delay and cause aforesaid. 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, aagainst 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; otherwise upon challenge made the whole pannel shall be quashed. Which by order of the Law is appointed to be done for honour and reverence due to the person of that degree: For when a Peer of the Realm is party, it is otherwise 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 Venire Facias is awarded, which the Sheriff did return [...]rved, and a pannel returned accordingly, in which is no Knight named. The truth of which Case was, that after the return made, the Demand is published, and demanded 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 after 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 allowed him by the Court, for the admittance of both parties is to the contrary, and no default 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 prohibited 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 every 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 Nobleman 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 Alienation it can be given from the Lord, but is still incident, and a support of the same Creation.

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 amercientur nisi per pares suos, & non nisi secundum 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 troublesome to assemble Barons for so small a matter, such Amercements in times past have been assessed by the Barons of the Exchequer, who sometime were Barons of the Realm, as is already 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, [Page] 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 priviledge was granted to the Nobility according to their degrees concerning Apparel; but because 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 Commissions, are excepted.

By the Statute 1 Edw. 6. cap. 12. amongst other things it is enacted, That in all and every 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 Convict, 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 benefit 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 Inheritance, 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 without any other benefit of Clergy to any such Lord or Peer from thenceforth at any time after 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 excepted, saving in wilful Murther and Poysoning, but in all other Cases, wherein Clergy is taken away by any Statute made since the said Statute 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 Parliament do confess his Offence upon his Arraignment, or doth abjure, or is Outlawed for Felony, it seemeth that in these Cases he may have the benefit of this Statute, viz. his Clergy; for that by the Statute 18 Eliz. cap. 18. he, nor any other, need to make his purgation, but shall be forthwith delivered out of Prison 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 executed 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 Immunities, 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 Chaplains by Lords and Peers of the Realm is ordinary; 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 Archbishoprick, 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 Statute 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 Attainted of Treason (as it was in the Case of the Earl of Westmoreland) after the said Attainder such a Chaplain cannot except a second Benefice; for though his Lord be still living according to Nature, yet after the Attainder he is a dead person by the Law, and therefore out of the case to have priviledge for himself, or for his Chaplains.

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

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

So if a Lord do one time retain more Chaplains 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 Chaplains 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 predecessor, and before his advancement; for quod ab initio non valet, in tractu temporis non convalescit.

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 other cause, do discharge any of them from their attendance or service, the Lord in this case cannot retain other (thereby to give them priviledge) during the life of them so retained and discharged. And the reason thereof is, because the first Chaplains were lawfully retained, and by virtue thereof, during their lives, might purchase Dispensations to have advantage according to the Statute: and therefore if the discharge of their service and attendance might give liberty to the Lord to retain others, by such means he might advance Chaplains without number, by which the Statute might be defrauded. And the said Statute 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 enactect 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 occasioned by malice of the King's own Houshold Servants; 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 ensue, 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 Steward, 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 degree 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 Servants as aforesaid hath confederated or conspired as abovesaid, that he so found by the enquiry 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 maliace: And if such Misdoers be found Guilty by confession or otherwise, that the said Offence is adjudged Felony, and they to have Judgment 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 Common Law guide in many other cases: Nevertheless the Sheriff may not by such Authority command the person of any Nobleman to attend the Service. But if the Sheriff upon a Supplicavit against a Nobleman in that case do return, that he is so puissant that he cannot, nor dare not arrest him, the Sheriff shall be grievously 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 Leigemen 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 Forest, in the eleventh Chapter, are as followeth; To every Archbishop, Bishop, Earl, or Baron coming to us, and passing by our Forest, [Page]it shall be lawful for him to take one Beast or two by the view of the Forest if he be present; 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 Bishops, Earls, and Barons, yet if a Duke, Marquiss, 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 aforesaid 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 Facias 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 Justices 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 coram 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 nostram.

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 scandalous 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 Parliament it shall not be allowed him.

It is Actionable for any to deface the Coat Armour, &c. of any Nobleman or Gentleman, 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 cannot execute the Kings precept propter resistentiam 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, against 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 Parliament, was impleaded, and he did pray priviledge 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 received. For if a Lord of the Parliament, holding Lands of another in Feesimple, doth forbear and withhold to do, and pay his Service 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 Arrearages 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 against 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 Ambassador and otherwise, by the Kings Licence, or without Licence, and do not return at the King's command, or upon the Kings Writ, upon 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 [Page] 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 Authority 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 person.

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 ordinary 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 persons. And their Execution (through the special Grace and Favour of the King) is beheading.

By Attainder of Felony or Treason is corruption of Blood, so that their Children may not be Heirs unto them, nor to any other Ancestor. 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 corruption of the Subject whereof it doth depend; for experience sheweth, That the passing of honourable 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 Nobility, which happeneth by such hainous Offences committed by corruption of Blood: nevertheless they use not this manner of phrase, as though Nobility were naturally and essentially in the Honour of Blood, more than any other hereditary Faculty; but because the right of Inheritance (which is by degrees of communication of Blood directed) is by that means determined; and also in regard of the hatred and detestation of the Crime, it is called corruption of Blood.

And here a Question may arise, Whether by Attainder of the Father the Blood be so corrupted, that the Son shall also be barred his Mother's Inheritance, who hath not transgressed, 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 Mothers; therefore the Law also faith, Those Bloods commixt in the person of a man in lawful Marriage, do constitute and make him an Heir; and that none can be Heir unto any, unless he hath both Bloods in him to whom he doth convey himself to be Heir. And therefore the Heir of the half Blood shall not inherit, because he doth want one of the Bloods which should make him inheritable. And upon 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 Father; for ex leproso parente, leprosus generatur 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 haereditatem paternam, nec maternam; si autem ante feloniam generationem fecerit, talis generatio succedit in haereditatem patris vel matris, 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 Inheritance, who also did not offend; or contrariwise, especially in case where the Mother was seized of an Estate in Feesimple, either in Lands or Tenements, or Title of Honour. And this was the case (if I be not mistaken) of Philip late Earl of Arundel, notwithstanding the Attainder of Thomas Duke of Norfolk his Father; for he had that Earldom in right of his Mother.

But they do agree, That if the Lands or Tenements, or a Title of Honour, be given to a man, and to his wife in tayl who hath Issue: The Father is attainted of Treason, and executed, though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship; yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted: For in that case the Heir must necessarily make himself Heir, as well of the [Page] 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, Tenements, or Hereditaments, being the Inheritance or Freehold of his Wife, during the Coverture between them, shall in any wise be, or make any discontinuance, or be prejudicial to the said Wife, or to her Heirs, or to such as shall have right, title, or interest to the same by the death of such Wife or Wives; but the same Wife or her Heirs, and such other to whom such right shall appertain after her decease, shall or may then lawfully enter into all such Mannors, Lands, Tenements, and Hereditaments according to their Rights and Titles therein. For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong, and a lawful Baron which doth imply a right: And therefore if Land be given to the Husband, and the Wife, and to the Heirs of their Bodies begotten, and the Husband levies a Fine with Proclamation, or do commit High Treason, and dieth, and the Wife before or after Entry dieth, the Issue is barred, and the Comisee for the King hath right unto the Lands, because the Issue cannot claim as Heir unto both. And with this doth agree Dyer 351. b. adjudged. vide 5 Hen. 7. 32. Cott's Assize, Coke's eighth part, 27. where it is resolved, That the Statute 32 Hen. 8. doth extend only unto Discontinuances, although the Act hath general words, or be prejudicial to the Wife or her Heirs, &c. but the conclusion; if she shall lawfully enter, &c. according to their right and title therein, which they cannot do when they be barred, and have no right, title, and interest. And this Statute doth give advantage unto the Wife, &c. so long as she hath right; but it doth not extend to take away a future barr. Although the Statute doth give Entry without limitation of any time; nevertheless the Entry must attend upon the right: and therefore if the Wife be seized in Feesimple, and her Husband levy a Fine with Proclamation unto another, and dieth, now the Wife may enter by force of the Statute; for as yet that Fine is not any barr unto her, but her right doth remain, which she may continue by Entry; but if she do surcease her time, and the five years do pass without Entry, &c. now by force of the Fine with Proclamation, and five years past after the death of her Husband, she is barred of her right, and by consequence she cannot enter. And the Statute doth speak of Fine only, and not of Fine with Proclamation. If there be Father and Son, and the Father be seized of Lands holden in Capite, or otherwise by Knight's Service, the King doth create the Son Duke, Earl, or other Degree of Nobility, and afterwards the Father dieth, his Son being within the Age of One and twenty years, he shall be no Ward; but if the King had made him Knight in the life of his Father, he should not have been in Ward after the death of his Father, neither for the Lands descended, nor for his Marriage, though he be within Age.

NOBILITY AND LORDS IN REPUTATION ONLY. CHAP. XIV.

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

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

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

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

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

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

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

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

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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 Sovereignty due unto them which they enjoyed in those days, and do now in most Nations, being capable of the Royal Diadem, by the common right of Inheritance, for want of Heirs Male. But in France, by the Salique Law, the Sex is excluded from their Inheritance, by which they debarred the English Title to their Crown.

There are three kinds of persons capable of the Title and Dignity of Queen amongst us, and each of them different in Power and Priviledge. The first is a Queen Sovereign, to whom the Crown descends by Birth-right, 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 Emperor: So was King Philip of Spain to Queen Mary; and her Authority is included in the foregoing Chapter of Monarchy, and therefore need not to be here repeated. The second in Honour is the Queen Consort; and the third the Queen Dowager or Queen Mother.

As from the benign influence of the glorious 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 Majesty 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 priviledges, 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 [Page] 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 belongeth 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 Coronation of Anna Bulloign in the Reign of King Henry the Eighth, to which I refer the Reader.

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 Nobless; 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 security when she goeth abroad: She hath her Attorney, Solicitor, and Counsel for the management 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 covert during the King's Life, yet without any Act of Parliament for Naturalization, or Letters Patents for her Denization, she may purchase 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 Spiritual 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 Christendome.

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 Kath [...]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 Portuguesa, whose vertue and true piety ought to be taken notice of in all Histories, [...]or succeeding 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 usurpation of the Crown: the like trust is sometimes 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 Protectress, 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 Honourable and Noble, or Ignoble. Their Honourable 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 divers Examples, of which the first (as I remember) 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 themselves, 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 [Page] 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 trouble the Reader with any repetition; I shall only set down some few general Observations not sufficiently discoursed of.

If a King's Daughter marry a Duke or an Earl, illa [...]emper dicitur Regalis, by Law and Courtesie.

Noble women by descent, Birthright, or Creation, remain Noble although they marry Husbands under that degree. Also any Daughter of an Earl or Viscount that continues a Virgin, or marrieth an Esquire, yet she retaineth the Honour that sprung from her Parents, and shall take place accordingly, and be saluted by the Title of Lady.

If a Gentleman, Knight, or Peer marry a wife of ignoble Parents, she shall enjoy the Title, Name, and Dignity of her Husband, not only during his life, but when she is a widow, or afterwards married to an Ignoble person; but this is by the Courtesie (and not by the Law) of the Realm. Whereas on the contrary, let a woman of Blood and Coat-Armour marry a Yeoman or Churle that is Ignoble, and hath no Coat-Armour, his Condition in point of Honour is in no respect advanced, and she shall retain the Honour, State, and Dignity she was born unto. Yet if she have i [...]ue by that Yeoman or Ignoble person, she being an Heiress, that Issue shall have liberty to bear her Coat; but Sir Iohn Fern saith only for life, and that on a Lozenge Shield, with a difference of a Cinquefoil.

If a French, Spanish, or other woman Alien, be married to a Peer of the Realm, or to a Gentleman, and be not denizened, she is debarred all Priviledges and Titles due to her Husband; nor can she claim any Dower or Joynture from him by the Laws of England.

Yet in some things our Laws are wonderful kind to the Female Sex, especially procreandi causa: As thus; if a man and his wife separate for some fraud, or private loathing of the Marriage Bed, or the like, and so continue for some years; after which time the woman bringeth forth a Child, which though got by another man, and her Husband in all that time not having enjoyed her, yet if he live in the Kingdom he must Father the Child; and if before that time he had no Child, that shall inherit his Lands, if entailed, or left without Will. Also if a Wife be with Child when her Husband dieth, and she marry another man before her delivery, the latter Husband must own the Child, which must be his Heir at Law if he were childless.

The Wives Dignities and Lands descend to her Heirs, not to her Husband; yet to encourage him to play the man, the Courtesie of England is such, that as the Wife hath the third part of his Estate in Lands for her Joynture, during her life if a Widow; so the Husband, if he get his Wife with Child, and that Child be heard to cry, he shall enjoy all her Lands during his life.

The Wife can make no contract whatsoever, that shall stand good in Law, to the detriment of her Husband, without his consent; nor can she make a Will, or dispose of what she hath, whilst she is a Feme Covert; [...]he cannot be produced as a witness for or against her Husband; nor shall she be accessory to his felonious acts, although she receive the Goods, or conceive the Fact, if she be not personally an Actor therein.

Female Children are also by Law capable to give their consent to marriage at Seven years old; and the Lord's eldest Daughter is to have aid of his Tenants to marry her at that age, though she may dissent from this Contract when she comes to Twelve; but if at that Age she doth not dissent, she is bound for life: she may then make a Will, and dispose of Goods and Chattels by it. At Nine years of Age she is Dowable: at Fourteen she might receive her Lands into her Hands, and was then out of Wardship, if she were Fourteen at the death of her Ancestor; otherwise she was in Wardship till she accomplished Sixteen years, and then she was free. At One and twenty she is enabled to contract or alienate her Lands by Will or otherwise.

If there be no Son, the Lands as well as Goods are equally divided amongst the Daughters, who are Coheirs.

In ancient times Women amongst the Romans were thought worthy of enjoying peculiar favours and respect. And out of their great love and honour to the Mother of Marcus Coriolanus, for diverting his fury which he threatned the Citizens to their ruin, for their ingratitude towards him, the Citizens granted the Roman Dames the priviledge of wearing the Segmenta Aurea, or Bordures of Gold and purple on their Garments: They were also permitted to wear gold Ear-rings; to have place on the way; and in memorial of the said preservation, there was erected a Temple dedicated to the Female Fortune.

[Page] Anne of Britain, wife to Charles the Eighth of France, as an ornamental Honour to several deserving Ladies, instead of the Military Belt and Collar, bestowed on them a Cordon or Lace, and admonishing them to live chastly and devoutly: and to put the greater esteem thereon, the surrounded her Escocheon of Arms with the like Cordon; from which Example it is now become the Custome for unmarried women to bear their Arms in form of a Lozenge, which are commonly adorned with such a Cordon.

Ioseph Micheli Marquez, for the further Honour of the Female Sex, gives an Example of the Noble women of Tortosa in Aragon, whom he calls Cavalleros, or Knights: For (saith he) Don Raymond, last Earl of Barcellona (who by right of his wife Petronilla, sole Daughter and Heir to King Ramiro the Monk, joyned his Principality to the Kingdom of Aragon) having in the year 1149. taken from the Moors the City of Tortosa, who in a few months after laid siege to the said City, and reduced the Inhabitants to so great a strait, that their intentions were of surrendring it up to the Moors; but the women hearing thereof, for the diverting their ruin, put on mens Apparel, and by a resolute Sally forced the Moors to raise the Seige. And the Earl, in acknowledgment of his thanks for this their Noble Act, as a reward of Honour, instituted an Order (not much unlike a Military Order) into which were admitted only those brave women, and their Descendants. The Badge which he assigned them was something like a Fryer's Capouch, but of a crimson colour, which they wore upon their Head-clothes. Amongst the priviledges which this Earl granted them, they were to be freed from all Taxes; to have precedency of men in publick Meetings; and that all the Iewels and Apparel of their deceased Husbands should be their own, although of never so great value. And these women having thus purchased this 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, because 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 Makers 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 compass 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 pleasure: and the King by his Letters Patents openly 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 Honourable, by Tenure; or by whose worthy Ancestors, to whom they were Heirs, was seized of an Estate descendable to them in their Titles 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, Whether if a man be summoned to Parliament, and afterwards die without Issue Male, the Dignity 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 Barons.

Concerning the Title of Honour descendable 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 adjudged 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 enjoyed 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 [Page] 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 between the said Noble woman and any other person, whether she be of that Degree 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 regularly 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 descent of Dignity and Titles of Honour: for Inheritances concerning matter of Honour, being things in their nature participating of Superiority and Eminency, are not partable amongst many, and therefore must of necessity descend unto one, and that is to the eldest Daughter, Sister, Aunt, or Cosin Female, 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 divided amongst the said Copartners as the other Lands; and that the eldest should not have it alone. But this Judgment was holden Erroneous, even in those times wherein it was given: For Bracton, a Learned Judge, who lived in that Age, writeth thereof, treating of partition between Copartners, 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 given once to the contrary thereof, Bracton doth rightly account to be unjust: His Reason is notable; Forasmuch as the Honour of the Chivalry of this Realm doth chiefly consist 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 impaired, or the strenght of the Realm, being drawn into many hands, with decrease of livelyhood by such partition, should be infeebled. 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 Edward the First) accordeth, Britton 187. And therefore, howsoever the Judgment was given, or whensoever, it is nevertheless very evident that it was soon redressed: For if it were given upon the death of Ralph, the last of that Name Earl of Chester, 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 Auguish 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 Judgment 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 Treatise 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 admitted 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, being 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 sibi & haeredibus adeo libere per gladium sicut iple Rex tenuit Angliam per tenorem. Hugh died without Issue, and the Inheritance 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 Descent, with whomsoever she doth marry, although her Husband be under her Degree, yet she doth remain Noble; for Birth-right est Character indelebilis.

Other Women are enobled by Marriage; and the Text saith thus, viz. Women ennobled 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 Husbands, 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 condition[Page]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 Cases: Si mulier nobilis nupserit ignobili desinit 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 Suffolk, 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 allowed; For, said they, by the Law of God she is Sub potestate viri; and by our Law her Name of Dignity shall be changed according 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 Husband Adrian Brook, Title Brief, 54. 6. And many other Presidents have been of later times. And herewith agreeth the Civil Law, Digest. lib. 1. title q. lege 1. In this Case of acquired Nobility by marriage, 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 Baronesses 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 Record.

But a Noble Woman by marriage, though she take to her second Husband a man of mean Degree, yet she may keep two Chaplains, according to the Proviso in the Statute 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 Dispensation, &c. And Chaplains may not be Non-residents afterwards.

And forasmuch as the retaining of Chaplains 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 impertinent 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 appertaining 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 [...] matrimonium aut viduitas uxoris durant; except 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, advanced to Titles of Dignity by the Husband, 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 Charta 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 followeth: 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 Husband.

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 Subject 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 Priority (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 Prerogative 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 other Subject, of what degree soever, shall be amerced: for in that case the Queen [Page] shall participate of the King's Prerogative.

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

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

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

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

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

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

Ladies in Reputation.

THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father, is a Lady by Courtesie of Speech and Honour, and taketh place according as in ancient time hath been permitted by the Sovereign Prince, and allowance of the Heralds; but in legal proceedings they are not Priviledged, nor to be named according to such Names of Dignity. But the King may at his pleasure create such Men, in the life of their Ancestors, unto degrees of Lord's of his Parliament, and then the Law is otherwise.

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

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

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

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

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

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

Thus much of Women: If I have been too large upon this Subject, I crave their pardons; and if too short, I wish I had been more large for their Honour: Yet let them compare their Conditions with that of their Neighbouring Nations, and '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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The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox & [...] a.

The Rt. honble. Ann Stuart Baroness of Castle Stuart in ye. Kingdome of Ireland Relict of ye Rt. honble. Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in ye. County of Fermenaugh [...] y• sd. Kingdome Esqr

Katherine Gam's daughter and Coheire of Hoo Gam's of Newton in Brecknock shire Esqr, Grand daughter to Sr. Iohn Gam's discended by the elder house from the mighty Sr. David Gam' [...] of Newton afores• who did wonders at ye battle of Agencourt, who was discended from Tudor ye grea [...] King of South Wales. The occation of wearing ye Leek was from yt family. vide see [...] chapt. 4.

Katherine Sedley sole daughter and heyre of Sr. Charles Sedley of South fleet in Kent Baronet.

OF KNIGHTHOOD IN GENERAL [...] CHAP. XVI.

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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 Chevalier; yet I may say that it is near as ancient as Valour and Heroick Vertue, and may derive its Original from Troy, which bred many Noble and Renowned Knights; amongst which were Hector, Troilus, AEneas, and Antenor. So among the Greeks were Agamemnon, Menelaus, Peleus, Hercules, Diomedes, Telamon, Vlysses, and several others, whose Military and Heroick Acts purchased unto them a never dying Fame. And the Romans took so great care for the cherishing and advancement of Heroick and Military Vertue and Honour, that they erected and dedicated Temples to Vertue and Honour; and from the infancy of their Military 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 Equestrian 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 Thomas, 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 before [Page] a Battel, to encourage him to adventure his Life; or after the [...]ight, as an advancement 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 favour think worthy to be advanced to the said Honour, either for their Merit, Birth, of Estate.

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

To the Knights of the Equestrian Order amongst 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 Military Belt, first made of Leather, which afterwards 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 Dubbing with a naked Sword to Knights Batchelors, 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 satisfaction. And of these Degrees or Orders I shall first treat of those used amongst us, beginning 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 something 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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His Royall Highness Iames Duke of Yorke and Albany Kt. of the most noble order of the Garter, and sole brother to his sacred maty. King Charles the 2d. &ca.

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The Effigies of the most honble. Henry Somerset, Marques and Earle of Worcester. Ld. Herbert, Baron of Chipston Raglon and Gowen Lord President and Ld. Leivtenant of Wales, and the Marches, Lord Leivtenant of the Countyes of Glocester, Hereford, and Monmouth, and of the Cilty and County of Bristol, Knight of the most noble order of the Garter, and one of the Lords of his matys. most honble. Privy Councell.

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The Effigies of the Right honble. Henry Bennet Earle and Baron of Arlington Viscount Thetsord Knight of the most noble order of the Garter Lord Chamberlaine of his Ma••s. Household and one of the Lords of his most Honourable privy Councell &ca.

KNIGHTS Of the most Noble Order of the Garter, OR St GEORGE. CHAP. XVII.

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IT was the custome and policy of puissant Princes in all Ages to invite and secure to themselves persons of Renown, and such Heroick Spirits were encouraged with Remarks of Honour, (viz. eminent priviledges of Place, different Habits, and additional Titles) to distinguish them from the Vulgar, besides other opulent Rewards: And amongst those persons, the more eminent or excellent of merit were placed in a Superior Orb, that their Glory might be the more splendid to the World. Such were King David's mighty men, the Satrapae of Persia, the Orders Military amongst the Romans, and the many Institutions of Knighthood in Christendome: But of all Orders purely Military now extant, I must prefer this of St. George, which we call the Garter; not only because it is our own Nation, or that none are commonly admitted but Peers, but for the excellency of it self.

First, for its Antiquity; Secondly, for its glorious Institution by that Renowned King Edward; And thirdly, for the many Emperors, Kings, and Princes that have been admitted into the said Fraternity.

First, I find it agreable to all Histories, that 'twas instituted by King Edward the Third, Anno 1350. which was fifty years before the Instituting the French Order of St. Michael by Lewis the Eleventh; Two hundred twenty nine years before Henry the Third devised the new Order of the Holy Ghost, full Eighty years before the Order of the Golden Fleece was instituted by Philip the Good of Burgundy; One hundred and ninety years before King Iames the Fifth refined the Order of St. Andrew in Scotland; and about Two hundred and nine years before the Kings of Denmark begun the Order of the Elephant; which gives it clearly the pre-eminency before other Orders in point of Antiquity.

[Page]For the occasion of the pristine Institution you must know, King Edward the Third having engaged himself in a War with France (for the obtaining of that Crown which descended on him in right of his Mother) thought fit to allure to his party all such Gallant Spirits as were Friends to Bellona; and to that end erected a Round Table in the Castle of Windsor in imitation of King Arthur's at Winchester, where they were exercised at Tilts and Tournaments, and Royally entertained with magnificent Feasts and other Princely Favours to engage them unto him. But Philip of Vallois, who was in actual possession of the Crown of France, countermined him by erecting a like Table in his own Court, whereby he drew away many from King Edward, so that being disappointed in that Project, and yet proving victorious in his Arms against France and Scotland, at his Return he rewarded the most eminent of those Heroick Knights that had born the brunt of the Day, and persevered in their Loyalty, with this Noble Order, which consisted of Six and twenty, of which himself was one; being all persons of choice Endowments, of great renown in Chivalry, and such as should be bound by Oath and Honour to adhere unto him. And upon the death of any one of them, the place was to be supplied by another, elected by the King and his Successors, who are Sovereigns of the said Order, with the consent of the Fraternity; but now the Election is at the entire pleasure of the King.

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

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

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

As for the Habit of this Order, besides the George and Ribon before mentioned, and a Garter enamelled with Gold, Pearl, and precious Stones, with the Motto, Honi soit qui mal y pense embroydered upon it, which is fastned about the left Leg with a buckle of Gold, from whence they were called Knights of the Garter, and without these two Ornaments none of these Knights are to appear in publique; There also properly belongs to this Order a Cassock of crimson Velvet, and a Mantle and Hood of purple Velvet, lined with white Sarsnet, on the left shoulder, whereof is an Escocheon of St. George embroidered with a Garter, within the Motto: The Escocheon is Argent, a Cross, Gules. But these [Page] to be worn only upon St. George's day, and when it shall please the Sovereign to celebrate the Ceremonies of the Installations. To each Knight belongs a Collar of the Order made of pure Gold, weighing thirty Ounces of Troy weight, composed of Garters and Roses, enamelled with Roses red and white; and since the coming of King Iames, there hath been an intermixture of Thistles; the Image of St. George enriched with precious Stones appendant to it, to be worn over all the Robes at St. George's Feast, and over their ordinary Cloaks, upon all such days on which the Sovereign is bound by Statute to make Offerings. Also besides these Robes and Ornaments appointed by the Founder, it was ordered by K. Charles the first, That all Knights should ordinarily wear upon their Cloaks or Coats, on the left side, a Star of Silver imbroidery, with the Escocheon of St. George within the Garter, &c. in the Center of it. But the Habit doth more lively appear by the Pourtraiture representing 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 stateliest Robes and richest Collars when the Solemnities 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 Foundation whereof was appointed a Dean, Prebends, and poor Gentlemen established, to be maintained 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 Order, that plate of their Arms being left unto the Stall in which they last sate; the Hatchment taken down to make room for such as succeed unto the deceased or higher removed Knights, touching which they are placed according 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, Keeper of the Armory, had precedency of the Duke of Lenox, besides Earls and Barons: only in honour to Strangers who are Sovereign Princes, or Sons or Brothers to such, it is permitted 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 Batchelor, 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 general translation of all the Stalls, except of Emperors and Foreign Princes, which order continues 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 Sections.

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

Chap. III. Of Military Orders of Knighthood, 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 Colledge; 7. Of the Endowment of the Colledge; And 8. of the Priviledges of the Chappel and Colledge.

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

Chap. VI. Treats of the Statutes and Annals of the Order, in four Sections: 1. Of the Statutes and Institutions; 2. Of those other 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 Garter; 2. Of the Mantle; 3. Of the Surcoat; 4. Of the Cap and Hood; 5. The Robes anciently 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 [Page] George; And 10. when the Habits, in whole or in part, ought to be worn.

Chap. VIII. Treats of the Officers appointed for the Service of the Order, in seven Sections: 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 Officers Pensions upon the new Establishment; And 7. the Execution of these Offices by Deputies.

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 Sovereign; 12. His considerations referring to the qualifications of the person to be elected; 13. Of other inducements for Election; 14. The Sovereign 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 Election 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 Investiture 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 Rewards given to Garter King at Arms for his Service in this Employment.

Chap. XI. Of the preparations for the personal Installation of a Knight, in seven Sections: 1. That Installation gives the Title of Founder; 2. Of the time and place appointed for Installation; 3. Of Commissions for Installation; 4. Of Letters of Summons; 5. Of Warrants for the Livery of the Order; 6. The removal of Atchievements and Plates; And 7. preparations made by Knights Elect.

Chap. XII. Treats of the personal Installation of a Knight-Subject, in eleven Sections: 1. Of the Cavalcade to Windsor; 2. The Offerings in the Chappel on the Eve of the Installation; 3. The Supper on the Eve; 4. The order in proceeding to the Chapter-house; 5. The Ceremonies performed in the Chapter-house; 6. The proceeding into the Choire. 7. The Ceremonies of Installation; 8. The order observed when two or more Knights are installed in one day; 9. The Offerings of Gold and Silver; 10. The grand Dinner at the Installation; And 11. of setting up the Knight's Atchievements.

Chap. XIII. Treats of the Installation of a Knight-Subject by proxy, in nine Sections: 1. The original cause of making Proxies; 2. Letters of Procuration; 3. Qualifications of a Proxy; 4. Preparations for Installations; 5. Proceeding to the Chapter-house; 6. Transactions in it; 7. Proceeding to the Choire; 8. Ceremonies performed there; And 9. the grand Dinner.

Chap. XIV. Treats of the signification of Election to Strangers, in five Sections; 1. In what time and manner Certificate is made for their Election; 2. Of notice given of an Election before sending the Habit; 3. Notice of Election sent with the Habit; 4. Certificate of acceptation; And 5. of an Election not accepted of.

Chap. XV. Treats of the Investiture of Strangers with the Habit and Ensigns of the Order, in four Sections: 1. The time for sending the Habit and Ensigns unlimited; 2. Preparations made for the Legation; 3. The Ceremonies of Investiture; And 4. Certificates of having received the Habit and Ensigns of the Order.

Chap. XVI. Treats of the Installation of a Stranger by Proxy, in thirteen Sections: 1. Touching the choice and nomination of a Proxy; 2. The Proctor's qualifications; 3. His Letters of Procuration; 4. Of the Proctor's Reception; 5. The preparations for Installation; 6. The Proctor's Cavalcade to Windsor; 7. Supper after his arrival there; 8. Of the proceeding to the Chapter-house; 9. The Ceremonies performed therein; 10. Of the proceeding to the Choire; 11. The Ceremonies of Installation; 12. The Proctor's Offerings; And 13. the Dinner.

Chap. XVII, Treats of the Duties and Fees payable by the Knights-Companions at their Installations, in four Sections: 1. Concerning the Fees due to the Colledge of Windsor; 2. Fees due to the Register, Garter, Black Rod, and Officers of Arms; 3. Fees belonging to others of the Sovereign's Servants; And 4. Fees payable for Strangers.

Chap. XVIII. Treats of the Grand Feast of the Order, in ten Sections: 1. The Grand Feast appointed to be annually kept on St. George's day; 2. The Anniversary of St. George fixed by the Church unto the Three and twentieth of April; 3. St. George's day made Festum duplex; 4. The place for celebrating the Grand Feast assigned to Windsor Castle; 5. St. George's day kept apart from the Grand Feast, and how then observed; 6. The Grand Feast neglected by King Edward the Sixth; 7. Removed [Page] from Windsor by Queen Elizabeth; 8. Of prorogation of the Grand Feast; 9. Of Commissions for prorogation; And 10. that the Grand Feast ought to be celebrated once every year.

Chap. XIX. Of preparations for the Grand Feast of the Order, in eight Sections: 1. Of Letters giving notice of the time and place; 2. Of Dispensations for not attending at the Grand Feast; 3. Of Commissions of Lieutenancy and Assistance; 4. Warrants for the Removal of Atchievements; 5. Scutcheons of Arms and Styles; 6. Of adorning the Chappel; 7. The furnishing of St. George's Hall; And 8. Officers and Servants appointed to attend at the Grand Feast.

Chap. XX. Treats of the order of the Ceremonies on the Eve of the Grand Feast, in seven Sections: 1. Of the beginning of the Grand Feast; 2. Of setting the proceeding in order; 3. Of proceeding to the Chapter-house; 4. Of the opening of the Chapter; 5. Transactions in the Chapter held before the first Vespers; 6. The Ceremonies relating to the first Vespers; And 7. the Supper on the Eve.

Chap. XXI. Treats of the Order of the Ceremonies on the Feast day, in nine Sections: 1. The proceeding to the Chappel in the morning; 2. The proceeding to the second Service; 3. Of the Grand Procession; 4. The order of the said Service; 5. The Offering of Gold and Silver; 6. The return to the presence; 7. Of the Dinner on the Feast-day; 8. The Ceremonies belonging to the second Vespers; And 9. of the Supper on the Evening of the Feast-day.

Chap. XXII. Treats of the Ceremonies observed on the last day of the Feast, in four Sections: 1. Of proceeding to the Chapter-house in the morning; 2. Of the elect Knights proceeding into the Choire; 3. Of the Ceremonies performed at Divine Service; And 4. the Diets at some of the Grand Feasts.

Chap. XXIII. Treats of the Observations of the Grand Feast by absent Knights, in five Sections: 1. Absent Knights enjoyned to observe the Grand Feast; 2. More particular directions for their observation thereof; 3. How to be observed in case of Sickness; 4. In what manner the Feast hath been observed by absent Knights; And 5. Dispensation for absence granted during life.

Chap. XXIV. Treats of Degradation of a Knight-Companion, in three Sections: 1. Of the Degradation of a Knight Batchelor; 2. The manner of Degrading a Knight-Companion of the Garter; And 3. of Restauration into the Order after Degrading.

Chap. XXV. Treats of Honors paid to deceased Knights-Companions, in four Sections: 1. Of the celebration formerly of Masses for defunct Knights-Companions; 2. Of fixing on the Stalls Plates of their Arms and Styles; 3. The Offering of Atchievements; And 4. of depositing the deceased Knights Mantles in the Chapter-house.

Chap. XXVI. Treats of the Founder, the first Knights-Companions, and their Successors, in four Sections: 1. Of what number they consisted; 2. A short view of the Founder's Wars; 3. Some account of the first Five and twenty Knights-Companions; And 4. a Catalogue of their Successors.

OF Knights Bannerets. CHAP. XVIII.

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THIS Degree of Knighthood, called by some Equites Vexillarii, or Chevaliers a Banier, is a most ancient Order, having been used in England ever since King Edward the First; and hath been always conferred on most deserving persons for their signal Valour, as I shall anon take occasion to speak of.

'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 persons thus assembled were then called a Parliament. And that those Bannerets often serving their King and Country, in process of time obtained the name of Barons, and were admitted into the Peerage, and had their Titles affixed to them and their Heirs. And this was the usuage and custome of the Saxon Kings to consult their Affairs without the election of the Commons, as both Ethelred and Edwin did. But whether this be a truth, or only opinion, I leave to others to dispute.

Certain it is, they always retained some Ensigns of Honour equal to the Nobility, being allowed to bear their Arms with Supporters, which is denied to all others under the Degree of a Baron: Also they take place before all Viscounts and Barons younger Sons; as also before all Baronets, and were of such esteem, that divers Knights Batchelors and Esquires have served under them.

This Order in France was Hereditary, but with us only for life to the meritorious person; yet esteemed a Glory and Honour to their Family. The Ceremony of their Creation is most Noble: The King (or his General, which is very rare) at the head of his Army (drawn up into Battalia after a Victory) under the Royal Standard displayed, attended with all the Field Officers and Nobles af the Court, receives the Knight led between two renowned Knights or valiant Men at Arms, having his Pennon or Guydon of Arms in his Hand; and before them the Heralds, who proclaim his valiant Atchievements, for which he deserves to be made a Knight Banneret, and to display his Banner in the Field; then the King (or General) says unto him, Advances toy Banneret, and causeth the point of his Pennon to be rent of; and the new Knight having the Trumpets before him sounding, the Nobles and Officers accompanying him, is remitted to his Tent, where they are nobly entertained.

To this degree of Knighthood doth belong peculiar Robes and other Ornaments at their Creation.

A Banneret thus made may bear his Banner displayed in an Army Royal, and set his Arms thereon with Supporters, as may the Nobles.

Of this Order there is at present none extant; and the last I read of was Sir Iohn Smith, made so after Edghill fight (for rescuing the King's Standard from the Rebels in that Battel) who was afterwards flain in his said Majesties Service at Alresford in Hantshire.

To this degree of Honour Sir William de la More (Ancestor to the present Edward More of More-hall and Bank-hall in Lancashire, Esq) was advanced by Edward the black Prince for his eminent Service done at the Battel of Poictiers in France.

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The Portrature and Coate Armour of Sr. William de la More Ancestor of ye. present Sr. Edw. More of More [...]hall and Banke [...]hall in Lancashire Baronet wch: sd. Sr. Will: was made Kt. Banneret by Edw ye. Black Prince at ye. Battle of Poictiers in France.

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The Rt. Honoura [...]le Sr. George Ca [...]teret of Nawnes in Bedford shire Kt. Baronet. Vice Chamberlaine of his Majestys Household and one of his Majestys most Honourable privy Councell &ca. the 45 [...] Bart. by Creation.

The Hon•. Sr H [...]rbotle Grimston of Gore ham bury in [...] [...] Baronet, Speaker of ye honble. house of Comon [...] [...]irst Parliament vnder his Majesty King Ch [...]e [...] [...]he 2d and at present Master of the Roll [...] the 87 Bart. by Creation

Sr. Edmund Bacon of Redgrave in Suffolk Primier Bart. of England: the first Bart. by Creation:

Sr Francis Radcliffe of Dilston in Northumberland Bart of which Family [...] there haue been six Earle [...] of S [...]r [...]x & fiue of them were Kt [...]. of ye Garter besides S• Iohn Radclyffe Kt. of ye. Garter t [...]m̄ps K. Hon 6th. & [...] [...] Rodclyffe al [...]oe Kt. of ye. Garter tem̄ps K. Rich. 3d. q. 18 Bart. by Creation:

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Sr. Richard Atkins of Much Haddam in the County of Hertford Knight and Baronet. The 4 S [...]. Bart. by creation.

Sr. Francis Gerard of Harrow Hill in Middlesex and of Aston Clinton in the County of Buckingham Knight and Baronet. The 126. Bar•. by creation

Sr. Tho. Mauleverer of Allerton-Mauleverer in the West rideing of York shire Barnt. now maried to Katherine sole daughter & heyre of Sr. Miles Stapleton of Wihill in ye. Sd. rideing of Yorkshire Kt. deceased. The Barnt. by creation.

Sr. Iohn Wittewronge of Rothamsted in ye parish of Harpenden in the County of Hertford K•. and Bart. descended from the Wittewronges in Flanders, whose Grandfather Iaques Wittewronge of Gaunt in the sd. province did thence transplant himselfe and family into this Kingdome Anno. 1564. The Bart. by creation.

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Sr. Tho: P [...]yton of Knowlton in the County of Kent Bart. descen [...]d from the Peyton's of Peyton Hall [...] Suffolk, who had by his first wife Margaret daughter and heyre of Sr. John Bernard of J [...]esham in Cambridg shire, much land and many children, from whom are descended the Peyton's of Suffolk, Cambride shire, Kent, and the Isle of Eley, his second wife was Margaret daughter and Coheyre of Sr. Hugh Francies, by whome he had also much land and many Children and from whome are descended the Peyton's of Sr. Edmondsbury, Warwick shire, Worcester shire, and Glocester sh. ye 61. Bar. by creation.

Sr. Anthony Craven of Sparsholt in Berkshire Knight and Baronet. of the name and family of the Right Honourable William Earle of Craven &ct The 648. Bart. by creation.

Sr. Henry Puckering alias Newton of the priory near the Borough of Warwick in Warwickshire Bart. now maried to Elizabeth daughter of Tho. Murrey Esq.• secretary to King Charles the first wh [...] [...]rince of Wal [...]. The [...]24. Bart. by creat [...]n.

Sr. Phillip Mathei [...]s of Edmonton in Middx. Bart. Now Maried to Ann eldest doughter of Sr. Tho: Wolstonholme of Minsingden in ye. Sd. Parish of Edmonton Bart. ye 6 [...]4 Bart. by Creation

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Sr. Thomas Tempest of Stelle in the Bishoprick of Durham. Bart. the [...]99 Bart by Creation.

Sr. John Molinevx of Teversa [...] in ye. County of Nottingham Bart. the 3 [...] Bart. by Creation

[...] r. William Walter of Sarsden in Oxfordshire Bart. [...]ended from ye. antien [...]family of ye. Walters of Warwi [...] [...]re whose late wife was ye. Lady Mary Tuston dau [...] [...] ye. Rt [...] honble. Nicholas Earle of Thanet decea [...]e [...] ye. 352 Bart. by Creation:

S [...] Iohn Osborn of Chick [...]ands in ye. County of Bedford Baronet: the 468 Bart. by Creation:

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Sr. Robert Vyner of ye. Citty of London K• Baro•. And Lord Major thereof Anno. Domini. 1675 ye. 658 Bart. by Creation.

Sr. Thomas Wolstenholme of Minsingden in ye. Paris [...] of Edmunton in the County of Middlesex Baronet the 747 Bart. by Creation.

Sr. Peter Gleane of Hardwick in ye. County of Norfolk Baronet ye. 770. Bart. by Creation.

Sr. Robert Iason of Broadsomerford in Wiltshire Baronet now maried to Ann daughter of George Dacres of Cheston in the County of Hertford Esq. y• 672 Bart. by Creation.

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Sr. Thomas Wilbraham of Woodhey in ye. County of Chester. Baronett: now maried to Eliz [...] sole Daug [...] ter: & heyr of Edward Mitton of Weston vnd [...] Lozzardin̄ ye. County of Stafford [...] Esq: ye. [...]4 [...]8 Bart. by Creation:

Sr. Thomas Myddelton of Chirk• Castle in Denbighshir Bart. first Maried to Elizabeth daughter of Sr. Tho Wilbrāham of Woodh [...] in Cheshire Bart. & now to Charlott Daughter of ye. Rt Honb••. Orlando Bridgman Kt and Bart. deceased, Late Ld. Keeper of the great Seale of En [...]land: the 514 Bart. by Creation:

[...] [...]hn Bridg [...]man of Castle Bromwic [...] in Warwickshire Bart, Eldest son of ye. Rt. honble. Sr. Orlando Bridg [...] [...]an: of great Lea [...]er in Lancashir Kt. & Bart. dece [...] La [...]e [...]. Keeper. of ye. great seale of England: wth. [...] S•. [...]ohn is now maried to Mary Daughter & Coheyr [...] of [...]g [...] [...]radock of Carswall Castle in Stafordshire Esq deceased: Th [...] 496 Bart. by Creation:

[...] r. Samuell Barnadiston of Brightwell Hall in Suffol [...] Bart. Third son to Sr. Nath: Barnadiston of Ketto [...] [...] ye Sd. County: who was ye. 23d. Kt. Lineally descended of ye. family wth: still Enjoyes ye. Paternall Estate they had before ye. Conquest ye. Bart. by Creation:

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Sr. Thomas Dar [...]ey of St. Clerehall in St. oseth in ye. County of Essex Bart.: The 486 Bart. by Creation:

Sr. Humfrey Forster of Aldermaston in Barkshire: Bart., descended of a family of great antiquity Whose Ancestors haue been there seated for Aboue 300 yeares: the 129 Bart. by Creation:

Sr. Iohn Robinson of ye. Citty of London Alderman: Kt. & Bart. & Leiutenant of his matys. Tower of London: The 494 Bart. by Creation:

Sr. Ralph Verney of Middle Claydon in ye. County of Bucks Kt. & Bart. son to Sr. Edmund Verney Kt. Marshall to K. Charles ye. first and Standard bearer at ye. Battle of Edghill: The 619 Bart. by Creation:

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S•. Iohn Hobart of Blicklin [...] in Norfolk Barot. heire male to Sr. Henry Hobart K•. & Barot. Cheife Iustice of ye. Common please who descended from the 2d son of Sr. Iames Hobart of Hal [...]s in [...] [...] d. County Attorney Generall to King H [...]nry ye. [...] Iohn is now maried to Mary daughter of Iohn Hampden of Hampden in Buckingham shire Esq. [...]. ye [...] t [...]. Bart. by Creation.

Sr. Iohn Corbett of Stoke upon Tean and Adderley in Shropshire Bart. first maried to Theophila daughter and Coheire of Iames Cambell in Essex Esq and now to [...]rances daughter of Randolph Egerton of Betley in Staffordshire. Esq [...] y•. 217 Bart. by Creation.

Sr. Vincent Corbett of Moarton Corbett in Shropshire Bart. now maried to Elizabeth daughter of Francis Thornes of Shelvock in ye. sd. County ye. 37 [...] Bart. by Creation.

Sr. Thomas Williams of Elham Court in Co [...] Kent Kt. and Baronet first and principall Chymical Ph [...]sitian to his maty King Ch [...] ye 2d. ye Bart. by Creation.

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Sr. Phillip Perci [...]le of Burton in the County of Corke in Ireland Baronet descend [...]d from the Perciuals of North Weston near Bristoll in Somersetshire: the family ca [...] in with William the Conquerer and were [...]hefore of Vile near Caenē in Normandy.

Sr. Iohn Lowther of Lowther hall in the County of Westmoreland Bart.

Sr [...] Charl [...]s Whe [...]er of Burbury in the County of Warwick Baronet [...] anciently of Martin Hus [...]ingtre in the County of Worcester. the 544 by Creacion.

[...] r [...] Me [...]calfe Robinson of Newby in the North rideing of Yorkshire Bart. maried Margaret daughter of Sr. William Darc [...] of Witton Castle in ye Bishoprick of Durham Kt. ye 536 Bart. by Creation

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Sr. Kingmill Lucy of N [...]tley in Huntshire Bar [...] Second Branch of ye Ancient Family of ye Lucy [...] of Charle [...]o [...] in Warwickshire, now Maried to Theophila. 2d. daughter to ye R•. honbl. G [...]ge Ld. Barkley of [...] Castle. ye 99th. Bart. by Creati [...]

[...] Thomas Hanmer of Hanmer & Bettes fi [...]l [...] in the County of Flint Bart. descended by many Knights from Sr. Iohn de Hanmer who lived in the tyme of King Edw ye first the 139 Bart. by Creation.

[...] Henry Hunlock of Wingerworth in Derbyshire Bar•. in ye Escocheon of pretence is ye Armes of Katherine his Lady who was sole daughter & he [...]r [...] of [...]rancis Turwhit of Kettleby of Lincolnshire Esq [...] last [...]f y• Eldest branch of that great & antient family the 424 Bart. by Creation.

Sr [...] William Glynne of Biss [...]er alias Byrcester in Oxfordshire & of Hawarden in flintshire. Baronet [...]iter maried wth. Penelope [...] daughter of Stephen Anderson of Evworth in Bedfordshire Esq ye 64 [...] Bart. by Creation.

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[...] r [...] Richard Graham of Nether by in Cumberland Bart. [...] in ye second son of ye Earle of Monteith in ye Kingdome of [...]cotland, who about ye tyme of K [...] Hen [...] y• 4th. of England maried y• Lady Anne Vere Daughter to ye Earle of Oxford wch. Sd. Sr. Ric [...] now maried to ye Lady Anne 2d. daught [...]r to Charles [...]arle of [...] the 284 Bart. by Creation.

Sr. IOHN [...]ANKS of ye Fryers in Aylesford [...] ye County of Kent Bart. now maried Elizabeth [...] eldest daughter of Sr. Iohn Dethick of the Citty of London Kt. and Alderman deceas [...]d. ye. 671 Bart. by Creation.

[...] Iohn Shaw of Eltham in ye County of Kent [...] [...] & Bart. now maried to Bridget Viscount [...] Kilmurrey daughter to Sr. William Dru [...]y of Bestroorp in Norfolk Bart. ye 755 Bart. by Creation [...]

Sr. RICHARD HEAD of the Citty of Rochester in the County of Kent Baronet ye by Creation

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[...] Edw [...] More of Morehall & Bank hall in Lancashi [...] [...]a [...] t. Whose late wife was Dorothy one of the Daugh [...] & Coeheir [...]s to Sr. [...]itt [...] Fenwick of Meldon in Northumberland Kt. and Bart [...] by [...]eabell Daugh [...] & sole heire of Sr. Arthur Grey Kt. Unc [...] to [...]esent Will Ld. Grey of Warke [...] the 689 Bart. by Creation.

S [...] Iohn Holland of Quidenham in ye. County of Nor [...] [...]art d [...]scend [...]d from ye Hollands of ye. Antient [...] [...] in Lancashir: Maried to Alathea daughter and C [...]heyce of Iohn Panton of Bru [...]shop in Denbighshi [...] [...] (que) Re [...]ict of ye. Rt. Honerbl [...]. Witt [...] Ld. [...] of the Vine in Hantshire: the 188 Bart. by Creation.

[...] r [...] Anthony Aucher of Byshopsbourn in [...] [...] t. & Bart. maried to one of ye. daughter o [...] Robert Hatton Kt. deceased: one of the Chamberlyns of his matys. Exchequ [...]r [...] the Bart. by Creation [...]

Sr. Iohn Reresby of Thriberge in the West Rideing of Yorkshire Bart. Gouernor of Burlington in ye said County the 387 Bart. by creation

OF BARONETS. CHAP. XIX.

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THE lowest degree of Honour that is Hereditary is this of Baronets, which was instituted by King Iames in the ninth year of his Reign, Anno 1611. They are created by Patent under the Great Seal, a form of which I shall here set down, which are generally all of one form; viz. to a Man and the Heirs Males of his Body lawfully begotten; yet sometimes the Honour is otherwise entailed for want of Issue Male. And the Proeme or Argument of the said Patent being for the propagating a Plantation in the Province of Vlster in Ireland, to which the aid of these Knights was ordained, or for the maintenance of Thirty Souldiers each of them in Ireland for three years, after the rate of eight pence sterling per diem, which at first was payed into the Exchequer at a lump, upon the passing their Patents; which with the Fees of Honour due to Officers, amounted to above One thousand pounds a Man.

Their Titles are to descend as aforesaid; and they have precedency before all Knights, except those of the Garter, Bannerets, and Privy 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 priority of the date of their Patents, and no Honour is to be created between Baronets and Barons.

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 Commission 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 Descendants, 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 allowed some peculiar Solemnities for their Funerals.

Since the first Creation of Baronets in England, 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 Deg [...]es likewise made Hereditary.

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

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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 under 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 authority 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 Council 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 Baronets, 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 living, 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 thousand pounds per Annum de claro; or Lands of the old Rent, as good (in accompt) as One thousand pounds per Annum of improved Rents, or at the least two parts in three parts to be divided 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 Baronet, although it is to be wished, that those Knights which have now place before other Knights (in respect of the time of their Creation) may be ranked before others (Caeteris paribus) yet because this is a Dignity which [Page] shall be Hereditary, wherein divers circumstances 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 extraordinary 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 Commonwealth, 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 desired (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 contented 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 consideration, 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 necessary for the maintenance of the number of Souldiers, 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 dignity) there cannot be too great caution used to avoid the interruption that private partialities 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 desirous to avoid all just Exceptions) We are determined 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 particular counsel and advice that you our Commissioners shall give Vs, of whose integrity and circumspection We have so good experience, and are so well perswaded, as We assure Our self, you will use all the best means you may to inform your own Iudgments in cases doubtful, before you deliver Vs any such opinion as may lead Vs in a case of this Nature, wherein our intention is (by due consideration of all necessary circumstances) to give every man that satisfaction which standeth with Honour and Reason.

Lastly, having now directed you, how and with what caution you are to entertain the Offers of such as shall present themselves for this Dignity, We do also require you to observe these two things. The one, That every such person as shall be admitted, do enter into sufficient Bond or Recognizance to Our use, for the payment of that portion which shall be remaining after the first payment is made, which you are to see paid upon delivery of the Letters Patents: The other, That seeing this Contribution for so publick an Action is the motive of this Dignity, and that the greatest good which may be expected upon this Plantation, will depend upon the certain payment of those Forces which shall be fit to be maintained in that Kingdom, until the same be well established, the charge whereof will be born with the greater difficulty, if We be not eased by some such extraordinary means; we require you Our Treasurer of England, so to order this Receipt, as no part thereof be mixed with Our other Treasure, but kept apart by it self, to be wholly converted to that use to which it is given and intended; And in regard thereof, that you assign it to be received, and the Bonds to be kept by some such particular person as you shall think good to appoint, who upon the payment of every several portion, shall both deliver out the Bonds, and give his Acquittance for the same. For which this shall be yours and his the said Receiver's sufficient Warrant in that behalf.

THE PRECEDENT OF THE PATENT OF Creation of Baronets.

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REX omnibus ad quos. &c. Salutem. Cum inter alias Imperii nostri gerendi curas, quibus animus noster assiduè exercetur, illa non minima sit, nec minimi momenti, de Plantatione Regni nostri Hiberniae, ac potissimum Vltoniae, amplae & percelebris ejusdem Regni Provinciae, quam nostris jam auspiciis atque armis, foeliciter sub obsequii jugum redactam, ita constabilire elaboramus, ut tanta Provincia, non solum sincero Religionis cultu, humanitate civili, morumque probitate, verum etiam opum affluentia, atque omnium rerum copia, quae statum Reipublicae ornare vel beare possit, magis magisque efflorescat. Opus sane, quod nulli progenitorum nostrorum praestare & perficere licuit, quamvis id ipsum multa sanguinis & opum profusione saepius tentaverint; In quo opere, sollicitudo nostra Regia, non solum ad hoc excubare debet, ut Plantatio ipsa strenuè promoveatur, oppida condantur, aedes & castra extruantur, agri colantur, & id genus alia; Sed etiam prospiciendum imprimis, ut iniversus hujusmodi rerum civilium apparatus, manu armata, praesidiis videlicet & cohortibus, protegatur & communiatur, ne qua aut vis hostilis, aut defectio intestina, rem disturbet aut impediat: Cumque nobis intimatum sit, ex parte quorundam ex fidelibus nostris subditis, quod ipsi paratissimi sint, ad hoc Regnum nostrum inceptum, tam corporibus, quam fortunis suis promovendum: Nos commoti operis tam sancti ac salutaris intuitu, atque gratos habentes hujusmodi generosos affectus, aque propensas in obsequium nostrum & bonum publicum voluntates, Statuimus apud nos ipsos nulli rei deesse, quae subditorum nostrorum studia praefata remunerare, aut aliorum animos atque alacritatem, ad operas suas praestandas, aut impensas in hac parte faciendas, excitare possit; Itaque nobiscum perpendentes atque reputantes, virtutem & industriam, nulla alia re magis quam honore ali atque acui, omnemque honoris & dignitatis splendorem, & amplitudinem, à Rege tanquam à fonte, originem & incrementum ducere, ad cujus culmen & fastigium propriè spectat, novos honorum & dignitatum titulos erigere atque instituere, utpote à quo antiqui illi fluxerint; consentaneum duximus (postulante usu Reipublicae [Page] atque temporum ratione) nova merita, novis dignitatum insignibus rependere: Ac propterea, ex certâ scientiâ & mero motu nostris, Ordinavimus, ereximus, constituimus, & creavimus, quendam statum, gradum, dignitatem, nomen & titulum Baronetti (Anglicè of a Baronet) infra hoc Regnum nostrum Angliae perpetuis temporibus duraturum. Sciatis modo, quod nos de gratia nostra speciali, ac ex certa scientia & mero motu nostris, ereximus, praefecimus & creavimus, ac per praesentes pro nobis, Haeredibus, & Successoribus nostris, erigimus, prae [...]icimus, & creamus dilectum nostrum de in comitatu virum, familia, patrimonio, censu, & morum probitate spectatum (qui nobis auxilium & subsidium satis amplum, generoso & liberali animo dedit & praestit, ad manutenendum & supportandum triginta viros in cohortibus nostris pedestribus in dicto Regno nostro Hiberniae, per tres annos integros pro defensione dicti Regni nostri, & praecipue pro securitate plantationis dictae Provinciae Vltoniae) ad, & in dignitatem, statum, & gradum Baronetti (Anglicè of a Baronet) Ipsumque Baronettum pro nobis, haeredibus, & successoribus nostris, prae [...]icimus, constituimus & creamus per praesentes, habendum sibi, & haeredibus masculis de corpore suo legitime procreatis imperpetuum. Volumus etiam & per praesentes de gratia nostra speciali, ac ex certa scientia & mero motu nostris, pro nobis, haeredibus, & successoribus nostris concedimus praefato & haeredibus masculis de corpore suo legitime procreatis, Quod ipse idem & haeredes sui masculi praedicti habeant, gaudeant, teneant, & capiant locum atque Praecedentiam, virtute dignitatis Baronetti praedicti, & vigore praesentium, tam in omnibus Commissionibus, brevibus, literis patentibus, scriptis, appellationibus, nominationibus, & directionibus, quam in omnibus Sessionibus, Conventibus, Caetibus & locis quibuscunque prae omnibus militibus, tam de Balneo (Anglicè of the Bathe) quam militibus Baccalaureis (Anglicè Batchelors) ac etiam prae omnibus militibus Bannerettis (Anglicè Bannerets) jam creatis, vel imposterum creandis (Illis militibus Bannerettis tantummodo exceptis, quos sub vexillis regiis, in exercitu regali, in aperto bello, & ipso Rege personaliter praesente, explicatis, & non aliter creari contigerit. Quodque uxores dicti & Haeredum masculorum suorum praedictorum, virtute dictae dignitatis maritorum suorum praedictorum, habeant, teneant, gaudeant, & capiant locum & praecedentiam, prae uxoribus omnium aliorum quorumcunque prae quibus mariti hujusmodi uxorum, vigore praesentium habere debent locum & praecedentiam; Atque quod primogenitus filius, ac caeteri omnes filii & eorum uxores, & filiae ejusdem & haeredum suorum praedictorum respectivè, habeant, & capiant locum & praecedentiam, ante primogenitos filios, ac alios filios & eorum uxores, & filias omnium quorumcunque respective, prae quibus patres hujusmodi filiorum progenitorum, & aliorum filiorum, & eorum uxores, & filiarum, vigore praesentium habere debent locum & praecedentiam. Volumus etiam, & per praesentes pro nobis, haeredibus, & successoribus nostris, de gratia nostra speciali, ac ex certa scientia, & mero motu nostris concedimus, quod dictus nominetur, appelletur, nuncupetur, placitet & implacitetur, per nomen Baronetti; Et quod stylus & additio Baronetti apponatur in fine nominis ejusdem & haeredum masculorum suorum praedictorum, in omnibus Literis Patentibus, Commissionibus, & brevibus nostris, atque omnibus aliis Chartis, factis, atque literis, virtute praesentium, ut vera, legitima, & necessaria additio dignitatis. Volumus etiam, & per praesentes pro nobis, haeredibus, & successoribus nostris ordinamus, quod nomini dicti & haeredum masculorum suorum praedictorum, in sermone Anglicano, & omnibus scriptis Anglicanis, praeponatur haec additio, videlicet Anglicè (Sir:) Et similiter quod uxores ejusdem & haeredum masculorum suorum praedictorum, habeant, utantur, & gaudeant hac appellatione, videlicet Anglicè (Lady, Madam, & Dame) respective, secundum usum loquendi. Habendum, tenendum, utendum, & gaudendum, eadem, statum, gradum, dignitatem, stylum, titulum, nomen, locum, & praecedentiam, cum omnibus & singulis Privilegiis, & caeteris praemissis, praefat. & haeredibus masculis de corpore suo exeuntibus imperpetuum. Volentes & per Praesentes concedentes, pro nobis, haeredibus & successoribus nostris, quod praedictus & haeredes sui masculi praedicti, nomen, stat [...]m, gradum, stylum, dignitatem, titulum, locum, & praecedentiam praedictam, cum omnibus & singulis Privilegiis, & caeteris praemissis successive, gerant & habeant, & eorum quilibet gerat & habeat, quodque idem haeredes sui masculi praedicti successive Baronetti in omnibus teneantur, Et ut Baronetti tractentur & 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 praesentes pro nobis haeredibus et successoribus nostris concedimus praefato & haeredibus suis masculis praedictis, quod numerus Baronettorum hujus Regni Angliae [...]unquam posthac excedet in toto, in aliquo uno tempore, numerum ducentorum Baronettorum: et quod dicti Baronetti, et eorum haeredes masculi praedicti respectivè, de tempore in tempus in perpetuum, habebunt, tenebunt, et gaudebunt locos et praecedentias suas inter se, videlicet, quilibet eorum secundum prioritatem & senioritatem Creationis suae Baronetti praedicti; quotquot [Page] autem creati sunt, vel creabuntur Baronetti per literas nostras Patentes, gerentes Datas uno & eodem die, & haeredes sui praedicti, gaudebunt locis & praecedentiis suis inter se secundum 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 abundantiori gratiâ nostrâ speciali, & ex certa scientia & mero motu nostris concessimus, ac per praesentes, pro nobis haeredibus & successoribus nostris concedimus praefato & haeredibus suis masculis praedictis, quod nec nos, nec haeredes vel successores nostri, de caetero in posterum erigemus, ordinabimus, constituemus, aut creabimus infrà hoc Regnum nostrum Angliae aliquem alium gradum, ordinem, nomen, titulum, dignitatem, sive statum sub vel infra gradum, dignitatem, sive statum Baronum, hujus Regni nostri Angliae, qui erit vel esse possit superior, vel aequalis gradui & dignitati Baronettorum praedictorum, sed quod tam dictus & haeredes sui masculi praedicti, quam uxores, filii, uxores filiorum & filiae ejusdem & haeredum masculorum suorum praedictorum, de caetero in perpetuum liberè & quietè habeant, teneant, & gaudeant, dignitates, locos & praecedentias suas praedictas prae omnibus, qui erunt de talibus gradibus, statibus, dignitatibus vel ordinibus in posterum, ut praefertur creandi respectivè secundum veram intentionem praesentium absque impedimento nostro, haeredum, vel successorum nostrorum, vel aliorum quorumcunque. Et ulterius per praesentes declaramus, & significamus beneplacitum & voluntatem nostram in hac parte fore & esse, Et sic nobiscum statuimus & decrevimus, quod si postquam nos praedict. numerum ducentorum Baronettorum hujus Regni Angliae compleverimus & perfecerimus, Contigerit aliquem, vel aliquos eorundem Baronettorum ab hac vitâ discedere, absque haerede masculo de corpore vel corporibus hujusmodi Baronetti vel Baronettorum procreato, quod tunc nos non creabimus, vel praeficiemus aliquam aliam personam, vel personas in Baronettum, vel Baronettos Regni nostri Angliae, sed quod numerus dictorum Ducentorum Baronettorum ea ratione de tempore in tempus diminuetur, & in minorem numerum cedet & redigetur; Denique volumus, ac per praesentes 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 omnibus, & per omnia firmae, validae, bonae, sufficientes & effectuales in lege, tam contra nos, haeredes, & successores nostros, quam contra omnes alios quoscunque secundum veram intentionem earundem, tam in omnibus curiis nostris, quam alibi ubicun (que) Non obstante aliqua lege, consuetudine, praescriptione, usu, ordinatione, sive constitutione quacunque ante 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 quacun (que) Volumus etiam, &c. Absque [...]ine in Hanaperio, &c. Eo quod expressa mentio, &c. In cujus rei, &c. Teste, &c.

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. Iacobi Regis, 1611.

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May 22. 1611.

1 SIR Nicholas Bacon of Redgrave in Suffolk, Kt.

2 Sir Richard Molineux of Sefton in Lancashire, Kt. now Irish Viscount.

3 Sir Thomas Mauncell of Mergan in Glamorganshire, Kt.

4 George Shirley of Staunton in Leicestershire Esq

5 Sir Iohn Stradling of St. Donates in Glamorganshire, 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 Cambridgeshire, Kt. Extinct.

12 Lionel Talmache of Helmingham in Suffolk, Esq

13 Sir Gervase Clifton of Clifton in Nottinghamshire, 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 Cheshire, now English Earl.

20 Sir Francis Barington of Barington-hall in Essex, Kt.

21 Henry Berkley of Wimundham in Leicestershire, Esq Extinct.

22 William Wentworth of Wentworth-woodhouse in Yorkshire, English Earl.

23 Sir Richard Musgrave of Hartley-Castle in Westmoreland, Kt.

[Page]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 Oxfordshire, Kt.

27 Sir Thomas Mounson of Carleton in Lincolnshire, 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 Yorkshire, Kt. now Viscount Faulconberg in England.

32 William Constable of Flamborough in Yorkshire, Esq

33 Sir Thomas Leigh of Stoneley in Warwickshire, Kt. since English Baron.

34 Sir Edward Noel of Brook in Rutlandshire, Kt. now Viscount Cambden in England.

35 Sir Robert Cotton of Conington in Huntingtonshire, Kt.

36 Robert Cholmondleigh of Cholmondleigh in Cheshire, Esq since Earl of Lempster, Extinct.

37 Iohn Molineux of Taversal in Nottinghamshire, 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 Derbyshire, 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 Rutlandshire, 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 Northamptonshire, Esq Extinct.

47 Thomas Brudenell of Dean in Northamptonshire, Esq now Earl of Cardigan in England.

48 Sir George St. Paul of Snarsford in Lincolnshire, Kt. Extinct.

49 Sir Philip Tirwhit of Stainfield in Lincolnshire, Kt.

50 Sir Roger Dalison of Loughton in Lincolnshire, Kt. Extinct.

51 Sir Edward Carre of Sleford in Lincolnshire, Kt.

52 Sir Edward Hussey of Henington in Lincolnshire, Kt.

53 L'Estrange Mordant of Massinghamparva in Norfolk, Esq

54 Thomas Bendish of Steeple-Bemsted in Essex, Esq

55 Sir Iohn Wynne of Gwidder in Carnarvanshire, 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 Hartfordshire, 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 Southfleet 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 Easton parva in Essex, Kt. now English Baron.

71 Henry Lee of Quarendon in Buckinghamshire, Esq now Earl of Litchfield in England.

Anno 1612. Nov. 25.

72 Sir Iohn Portman of Orchard in Somersetshire, Kt.

73 Sir Nicholas Saunderson of Saxby in Lincolnshire, Kt. now Viscount Castleton in Ireland.

74 Sir Miles Sandys of Wimbleton in the Isle of Ely, Kt.

75 William Gostwick of Willington in Bedfordshire, Esq

76 Thomas Puckering of Weston in Hartfordshire, Esq Extinct.

77 Sir William Wray of Glentworth in Lincolnshire, 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

[Page]81 Francis Englesfield of Wotton-Basset in Wiltshire, Esq

82 Sir Thomas Ridgeway of Torre in Devonshire, Kt. now Earl of Londonderry in Ireland.

83 William Essex of Bewcott in Berkshire, Esq

84 Sir Edward Gorges of Langford in Wiltshire, 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 Burmingham 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 Buckinghamshire, Kt.

92 Thomas Penystone of Leigh in Sussex, Esq

93 May 27. 1615. Thomas Blackstone of Blackstone 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 Egerton 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 Warwickshire, 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, Extinct.

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 England and Ireland, now Extinct.

106 Iune 4. Thomas Mackworth of Normanton 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 Marlborough in England.

110 21. William Hicks of Beverston in Glocestershire, Esq

111 Sept. 17. Sir Thomas Beaumont of Coleorton in Leicestershire, Kt. since a Viscout of Ireland.

112 Nov. 10. Henry Salisbury of Leweney in Denbeighshire, Esq

113 16. Erasmus Driden of Canons-Ashby in Northamptonshire, Esq

114 28. William Armine of Osgodby in Lincolnshire, Esq

115 Dec. 1. Sir William Bambury of Howton in Yorkshire, Kt. Extinct.

116 3. Edward Hartop of Freathby in Leicestershire, Esq.

117 31. Iohn Mill of Canons-Court in Sussex, Esq

118 Ian. 31. Francis Ratcliff of Darent-water in Cumberland, Esq

119 Feb. 6. Sir David Foulis of Ingleby-mannour in Yorkshire, Kt.

120 16. Thomas Phillips of Barington in Somersetshire, Esq

121 Mar. 7. Sir Claudius Forster of Bramburgh-Castle in Northumberland, Kt.

122 23. Anthony Chester of Chickley in Buckinghamshire, Esq

123 28. 1620. Sir Samuel Tryon of Laire-Marney in Essex, Kt.

124 April 2. Adam Newton of Charlton in Kent, Esq

125 12. Sir Iohn Boteler of Hatfield-Woodhall in Hartfordshire, Kt. since a Baron of England.

126 13. Gilbert Gerrard of Harrow-hill in Middlesex, Esq

127 May 3. Humphrey Lee of Langley in Shropshire, Esq

128 5. Richard Berney of Park-hall in Redham in Norfolk, Esq

129 20. Humphrey Forster of Aldermaston in Berkshire, Esq

130 29. Thomas Bigs of Lenchwick in Worcestershire, Esq Extinct.

131 30. Henry Bellingham of Helsington in Westmoreland, Esq Extinct.

132 31. William Yelverton of Rougham in Norfolk, Esq

133 Iune 1. Iune Scudamore of Holm-Lacy in Herefordshire, Esq now an Irish Viscount.

134 2. Sir Thomas Gore of Stitnam in Yorkshire, Kt.

135 22. Iohn Packington of Alisbury in Buckinghamshire, Esq

136 28. Ralph Ashton of Lever in Lancashire, Esq

137 Iuly 1. Sir Baptist Hicks of Camden in Glocestershire, Kt. now Viscount Camden in England.

[Page]138 Iuly 3. Sir Thomas Roberts of Glassenbury in Kent, Kt.

139 8. Iohn Hanmer of Hanmer in Flintshire, Esq

140 8. Edward Fryer of Water-Eaton in Oxfordshire, Esq Extinct.

141 13. Edward Osborn of Keeton in Yorkshire, now Earl of Danby in England.

142 20. Henry Felton of Playford in Suffolk, Esq

143 20. William Challoner of Gisborow in Yorkshire, Esq

144 24. Sir Thomas Bishop of Parham in Sussex, Kt.

145 26. Sir Francis Vincent of Stoke d' Abernon in Surrey, Kt.

146 Feb. 27. Henry Clere of Ormsby in Norfolk, Esq

147 March 8. Sir Benjamin Titchborne of Titchborne in Hantshire, Kt.

148 May 5. 1621. Sir Richard Wilbraham of VVoodhey in Cheshire, Kt.

149 8. Sir Thomas Delves of Duddington in Cheshire, Kt.

150 Iune 23. Sir Lewes VVatson of Rockingham-Castle in Northamptonshire Kt. since an English Baron.

151 29. Sir Thomas Palmer of VVingham in Kent, Kt.

152 Iuly 3. Sir Richard Roberts of Truro in Cornwall, Kt. now Baron Truro.

153 19. Iohn Rivers of Chafford in Kent, Esq

154 Sept. 6. Thomas Darnell of Heyling in Lincolnshire, Esq

155 14. Sir Isaac Sidley of Great Chart in Kent, Kt.

156 21. Robert Brown of VValcot in Northamptonshire, Esq

157 Oct. 11. Iohn Hewit of Headley-hall in Yorkshire, Esq

158 16. Henry Iernegan of Cossey in Norfolk, Esq

159 Nov. 8. Sir Nicholas Hide of Albury in Hertfordshire, Kt. Extinct.

160 9. Iohn Phillips of Picton in Pembrokeshire, Esq

161 24. Sir Iohn Stepney of Prendergast in Pembrokeshire, Kt.

162 Dec. 5. Baldwin VVake of Clevedon in Somersetshire, Esq

163 20. VVilliam Masham of High-Laver in Essex, Esq

164 21. Iohn Colebrond of Bocham in Sussex, Esq

165 Ian. 4. Sir Iohn Hotham of Scarborough in Yorkshire, Kt.

166 14. Francis Mansell of Mudlescomb in Carmarthenshire, Esq

167 18. Edward Powel of Penkelley in Herefordshire, Esq Extinct.

168 Feb. 16. Sir Iohn Gerrard or Garrard of Lamer in Hartfordshire, Kt.

169 23. Sir Richard Grosvenour of Eaton in Cheshire, Kt.

170 Mar. 11. Sir Henry Moody of Garesdon in VViltshire, Kt. Extinct.

171 17. Iohn Barker of Grimston-hall in Trimley in Suffolk, Esq

172 18. Sir VVilliam Button of Alton in Wiltshire, Kt.

173 26. 1622. Iohn Gage of Ferle in Sussex, Esq

174 May 14. VVilliam 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 Shinglehall in Hertfordshire, Kt.

178 Iune 3. Capell Bedell of Hamerton in Huntingtonshire, Esq Extinct.

179 13. Iohn Darell of VVestwoodhey in Berkshire, Esq

180 15. VVilliam VVilliams of Veynol in Carnarvanshire, Esq

181 18. Sir Francis Ashby of Hatfield in Middlesex, Kt.

182 Iuly 3. Sir Anthony Ashley of St. Giles-VVinborne in Dorsetshire, Kt. Extinct.

183 4. Iohn Cooper of Rochbourn in Hantshire, Esq now Earl of Shaftsbury in England.

184 17. Edmund Prideaux of Netherton in Devonshire, Esq

185 21. Sir Thomas Haselrigg of Nousley in Leicestershire, Kt.

186 22. Sir Thomas Burton of Stockerston in Leicestershire, Kt.

187 24. Francis Foliamb of VValton in Derbyshire, Esq Extinct.

188 30. Edward Yate of Buckland in Berkshire, Esq

189 Aug. 1. George Chudleigh of Ashton in Devonshire, Esq

190 2. Francis Drake of Buckland in Devonshire, Esq

191 13. VVilliam Meredith of Stansly in Deubighshire, Esq

192 Oct. 22. Hugh Middleton of Ruthin in Deubighshire, Esq

193 Nov. 12. Gifford Thornhurst of Agne-Court in Kent, Esq

194 16. Percy Herbert 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 Boreatton in Shropshire, Esq

199 23. Nicholas Tempest of Stella in the Bishoprick of Durham, Esq

[Page]200 Feb. 16. Francis Cottington of Hanworth in Middlesex, Esq since an English Baron, and now Extinct.

201 April 12. 1623. Thomas Harris of Tong-Castle in Shropshire, Esq Extinct.

202 Iune 28. Edward Barkham of South-acre in Norfolk, Esq

203 Iuly 4. Iohn Corbet of Sprouston in Norfolk, Esq

204 Aug. 13. Sir Thomas Playters of Sotterley in Suffolk, Kt.

Baronets according to their Creations by King Charles the First.

205 Iuly 27. 1626. Sir Iohn Ashfield of Netherhall in Suffolk, Kt.

206 Sept. 8. Henry Harpur of Calke in Derbyshire, Esq

207 Dec. 20. Edward Seabright of Besford in Worcestershire, Esq

208 Ian. 29. Iohn Beaumont of Grace-dieu in Leicestershire, Esq Extinct.

209 Feb. 1. Sir Edward Dering of Surrenden-Dering in Kent, Kt.

210 5. George Kempe of Pentlone in Essex, Esq

211 Mar. 10. William Brereton of Hanford in Cheshire, Esq

212 12. Patricius Curwen of Workinton in Cumberland, Esq Extinct.

213 William Russel of Witley in Worcestershire, Esq

214 14. Iohn Spencer of Offley in Hartfordshire, Esq

215 17. Sir Giles Estcourt of Newton in Wiltshire, Kt.

216 Apr. 19. 1627. Thomas Aylesbury Esq one of the Masters of Requests, Extinct.

217 21. Thomas Style of Waterinbury in Kent, Esq

218 May 4. Frederick Cornwallis of in Suffolk, Esq

219 7. Drue Drury of [...] in Norfolk, Esq

220 8. William Skeffington of Fisherwick in Staffordshire, Esq

221 11. Sir Robert Crane of Chilton in Suffolk, Kt. Extinct.

222 17. Anthony Wingfield of Goodwins in Suffolk, Esq

223 17. William Culpeper of Preston-hall in Kent, Esq

224 Giles Bridges of Wilton in Herefordshire, 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 Berkshire, Esq

228 28. Thomas Heale of Fleet in Devonshire, Esq

229 Iohn Carleton of Holcombe in Oxfordshire, Esq Extinct.

230 30. Thomas Maples of Stow in Huntingtonshire, Esq Extinct.

231 May 30. 1627. Sir Iohn Isham of Lamport in Northamptonshire, Kt.

232 Henry Bagot of Blithfield in Staffordshire, 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 Pillatonhall 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 Shropshire, 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. Extinct.

251 May 6. 1628. William Pennyman Junior of Mask in Yorkshire, Esq Extinct.

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 Bishoprick of Durham, Gent.

[Page]258 Iuly 24. Iohn Bolles of Scampton in Lincolnshire, Esq

259 25. Thomas Aston of Aston in Cheshire, Esq

260 30. Kenelme Ienoure of Much-Dunmore 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 Berkshire, 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 Caermarthenshire, 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 Huntingtonshire, Esq

280 19. Sir William Russel of Chippenham in Cambridgeshire, Kt.

281 29. Richard Everard of Much-waltham 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 Hunstanton in Norfolk, Esq

288 15. Iohn Holland of Quiddenham in Norfolk, Esq

289 24. Edward Alleyn of Hatfield in Essex, Esq

290 Iuly 2. Richard Earle of Craglethorpe in Lincolnshire, Esq

291 Nov. 28. Robert Ducy of the City of London, Alderman.

292 April 9. 1630. Sir Richard Greenvile of Kilkhampton in Cornwall, Kt.

293 Iune 22. 1631. Charles Vavasour of Killingthorp in Lincolnshire, Esq

294. Feb. 19. 1638. Sir Edward Tirril of Thornley in Bucks, Kt.

295 Iuly 20. 1640. Edward Mosely of Rowlstone 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 Leekhamsted in Bucks, Esq

301 May 26. Simon Every of Egginton in Derbyshire, Esq

302 29. William Langley of Higham-Gobion in Bedfordshire, Esq

303 Iune 8. William Paston of Oxnead in Norfolk, Esq now Viscount Yarmouth in England.

304 11. Iames Stonehouse of Amerden-hall in Essex, Esq

305 24. Iohn Palgrave of Norwood-Barningham in Norfolk, Esq

306 25. Gerard Nappier of Middle-Merthall 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 Essex, 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 Bedfordshire, Esq

319 16. Iohn Northcote of Haine in Devonshire, Esq

320 17. Sir William Drake of Sherdelow in Bucks, Kt.

[Page]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 Brampton 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 Berkshire, 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 Devonshire, 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 Cornwall, Esq.

337 William Castleton of St. Edmondsbury 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 Middlesex, Esq.

342 Sir Iohn Curson of Kedleston in Derbyshire, a Baronet of Scotland.

343 Hugh Owen of Orrelton in Pembrokeshire, 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 Oxfordshire, Esq.

353 Thomas Lawley of Spoonhill in Shropshire, Esq.

354 Sept. 6. William Farmer of Eston-Neston in Northamptonshire, Esq.

355 9. Iohn Davye of Creedy in Devonshire, Esq.

356 23. Thomas Pettus of Rackheath in Norfolk, Esq.

357 Dec. 11. William Andrews of Denton in Northamptonshire, Esq.

358 Iohn Meaux of [...] in the Isle of Wight, 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 Derb [...]shire, Esq.

365 Ian. 21. Isaac Astley of Melton-Constable in Norfolk, Esq.

366 Sir David Cunningham of London, a Baronet of Scotland.

367 22. Sir Iohn Rayney of Wrotham in Kent, a Baronet of Scotland.

368 29. Revet Eldred of Saxham Magna in Suffolk, Esq.

369 Iohn Gell of Hopton in Derbyshire, Esq.

370 Sir Vincent Corbet of Morton-Corbet in Shropshire, Kt.

371 Feb. 4. Sir Iohn Kay of Woodsome in Yorkshire, Kt.

372 5. Thomas Trollop of Casewick in Lincolnshire, Esq.

373 Mar. 3. Edward Thomas of Michells-Town in Glamorganshire, Esq.

374 4. Sir William Cowper of Ratling-Court in Kent, a Baronet of Scotland

375 5. Denner Strut of Little-Worley-Hall in Essex, Esq.

376 8. William St. Quintin of Harpham in Yorkshire, Esq.

377 14. Sir Robert Kempe of Gissing in Norfolk, Esq.

378 16. Iohn Read of Brocket-hall in Hartfordshire, Esq.

379 Apr. 9. 1642. Iames Enyan of Flowre in Northamptonshire, Esq.

380 19. Sir Edmond Williams of Marnehull in Dorsetshire, Kt.

381 22. Iohn Williams of Minster in the Isle of Thanet in Kent, Esq.

382 29. George Wintour of Huddington in Worcestershire, Esq.

383 May 4. Iohn Borlase of Bockmer in Bucks, Esq.

384 6. Henry Knollys of Grove-place in Hantshire, Esq. Extinct.

[Page]385 11. Iohn Hamilton of the City of London, Esq

386 12. Edward Morgan of Llanternam in Monmouthshire, Esq.

387 13. Sir Nicholas Kemeys of Keven-Mabley in Glamorganshire, Kt.

388 14. Trevor Williams of Llangibbye in Monmoutshire, Esq

389 16. Iohn Reresby of Thribergh in Yorkshire, Esq

390 17. William Ingilby of Ripley in Yorkshire, Esq

391 18. Poynings Moore of Loseley in Surrey, Esq

392 19. Christopher Dawney of Cowick in Yorkshire, Esq

393 Iune 3. Thomas Hampson of Taplow in Bucks, Esq

394 Thomas Williamson of East-Markham in Kent, Esq

395 William Denney of Gillingham in Norfolk, Esq

396 11. Christopher Lowther of Whitehaven in Cumberland, Esq

397 13. Sir Thomas Alston of Odell in Bedfordshire, Kt.

398 20. Edward Corbet of Leighton in Montgomeryshire, Esq

399 21. George Middleton of Leighton in Lancashire, Esq

400 28. Edward Payler of Thoralby in Yorkshire, Esq.

401 Iuly 9. Sir William Widdrington of Widdrington in Northumberland, Kt.

402 20. Matthew Valckenburgh of Middle-Ing in Yorkshire, Esq.

403 Philip Constable of Everingham in Yorkshire, Esq.

404 30. 1642. Ralph Blackston of Gibside in the Bishoprick of Durham, Esq.

405 Aug. 8. Sir Edw. Widdrington of Cartington in Northumberland, a Scotch Baronet.

406 15. Robert Markham of Sedgbrook in Lincolnshire, Esq.

407 Philip Hutgate of Saxton in Yorkshire, Esq.

408 Stephen Lennard of West-wickham in Kent, Esq.

409 24. Sir William Thorold of Marston in Lincolnshire, Kt.

410 29. Walter Rudston of Hayton in Yorkshire, Esq.

411 30. Walter Wrotesley of Wrotesley in Staffordshire, Esq.

412 Thomas Bland of Kippax-Park in Yorkshire, Esq.

413 Sept. 1. Robert Throckmorto [...] of Coughton in Warwickshire, Esq.

414 10. William Halton of Samford in Essex, Esq.

415 26. Brocket Spencer of Offley in Hertfordshire, Esq.

416 27. Edward Golding of Colston-Basset in Nottinghamshire, Esq.

417 William Smith of Crantock in Cornwall, Esq.

418 Octob. 1. Henry Henn of Wingfield in Berkshire, Esq.

419 5. Walter Blount of Sodington in Worcestershire, Esq.

420 14. Adam Littleton of Stoke-Milburge in Shropshire, Esq.

421 Nov. 2. Thomas Lidell of Ravensholme-Castle in the Bishoprick of Durham, Esq.

422 9. Richard Lawday of Exeter in Devonshire, Esq. Extinct.

423 Feb. 4. Thomas Chamberlaine of Wickham in Oxfordshire, Esq.

424 28. Henry Hunloke of Wingarworth in Derbyshire, Esq.

425 Thomas Badd of Cames-Oysells in Hantshire, Esq.

426 Mar. 20. Richard Crane of Wood-Rising in Norfolk, Esq. Extinct.

427 21. Samuel Danvers of Culworth in Northamptonshire, Esq.

428 Iuly 3. 1643. Henry Anderson of Penley in Hartfordshire, Esq.

429 17. William Vavasour of in Yorkshire, Esq. Extinct.

430 25. Sir Henry Iones of Abermarles in Caernarvanshire, Kt.

431 Aug. 1. 1643. Sir Edward Walgrave of Hever-Castle in Kent, Kt.

432 Octob. 28. Iohn Pate of Sysonby in Leicestershire, Esq.

433 Nov. 9. Iohn Bale of Carleton-Curley in Leicestershire, Esq.

434 13. Brian Oneal in the Kingdom of Ireland, Esq.

435 16. Willoughby Hickman of Gaynesborough in Lincolnshire, Esq.

436 Dec. 7. Iohn Butler of Bramfield in Hertfordshire, Esq.

437 Ian. 17. Edward Acton of Aldenham in Shropshire, Esq.

438 Mar. 14. Sir Fran. Hawley of Buckland in Somersetshire, Kt. now Irish Baron.

439 Apr. 1. 1644. Iohn Preston of the Mannour in Furness in Lancashire, Esq.

440 2. Iohn Webb of Odstoke in Wiltshire, Esq.

441 25. Thomas Prestwick of Holme in Lancashire, Esq.

442 May 4. Henry Williams of Guernevet in Brecknockshire, Esq.

443 20. Gervase Lucas of Fenton in Lincolnshire, E [...]q.

444 Iune 14. Robert Thorold of Hawley in Lincolnshire, Esq.

445 Iuly 23. Iohn Scud [...]more of Balingham in Herefordshire, Esq.

446 Octob. 8. Sir Henry Bard of St [...]nes in Middlesex, Kt.

[Page]447 Feb. 12. Sir Richard Vivian of Trelowren in Cornwall, Kt.

448 28. VVilliam Van-Colster of Amsterdam in Holland, Esq

449 Mar. 21. VVilliam de Boreel of Amsterdam aforesaid, Esq

450 May 4. 1645. Edward Greaves of St. Leonards-Forest in Sussex, Esq

451 9. George Carteret of Metesches in the Isle of Iersey, Esq

452 Nov. 25. Thomas Windebanke of Haynes in Wiltshire, Esq

453 Feb. 7. Benjamin Wright of Dennington in Suffolk, Esq whose Patent was Superseded.

454 March 6. Edward Charleton of Hesleyside in Northumberland.

455 Iuly 11. Richard Willis, Esq Brother to Sir Thomas Willis of Fen-Ditton in Cambridgshire.

Baronets created by King Charles the Second.

456. Sept. 1. 1649. Richard Brown of Deptford in Kent, Esq created by Letters Patents dated at St. Germans [...] in France.

457 3. Henry de Vic of the Isle of Garnsey, Esq created by Letters Patents at St. Germans aforesaid.

458 Sept. 18. Richard Forster of Stokesley in Yorkshire, Esq by Letters Patents dated at St. Germans.

459 Sept. 2. 1650. Richard Fanshaw Esq afterwards Master 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, Extinct.

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 England.

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 Essex, 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 London, 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 Suffolk, Esq

486 20. Thomas Darcy of St. Cleres-hall in St. Oliths in Essex, Esq

487 George Grubham How of Cold-Barwick in Wiltshire, Esq

488 21. Iohn Cutts of Childerley in Cambridgshire, 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 Suffolk, 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 Shuckborough in Warwickshire, Esq

501 27. VVilliam Wray of Ashby in Lincolnshire, Esq

502 Nicholas Steward of Hartley Manduit in Hantshire, Esq

[Page]503 Iune 27. 1660. George Warburton of Areley 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 Somersetshire, Esq

508 Thomas Ellis of Wyham in Lincolnshire, Esq

509 Iuly 2. Iohn Covert of Slaugham in Sussex, 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 Leicestershire, Esq

516 7. George Buswell of Clipston in Northamptonshire, 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-Bosworth in Leicestershire, Esq

521 16. Iohn Bright of Badsworth in Yorkshire, 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 Shropshire, 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 Essex, Esq

535 28. Iohn Stapeley of Patcham in Sussex, Esq

536 30. Metcalf Robinson of Newby in Yorkshire, Esq

537 31. Marmaduke Gresham of Limpsfield in Sussex, Esq

538 Aug. 1. William Dudley of Clopton in Northamptonshire, Esq

539 2. Hugh Smithson of Stanwick in Yorkshire, Esq

540 3. Sir Roger Mostin of Mosti [...] in Flintshire, 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 Cheshire, Esq

544 11. Sir William Wheeler of the City of Westminster, Kt.

545 16. Iohn Newton of Barscote in Glocestershire, 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 Bratostshall in Lincolnshire, Esq

551 28. Iohn Hales of Coventry in Warwickshire, 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 Devonshire, Kt.

555 Sept. 5. Oliver St. George of Carickermrick in the County of Trim in Ireland, 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 Middlesex, Esq

559 22. Iohn How of Compton in Glocestershire, Esq

560 26. Iohn Swimburne of Chap-Heton in Northumberland, Esq

561 Oct. 12. Iohn Trott of Laverstoke in Hantshire, Esq

562 13. Humphrey Miller of Oxenheath in Kent, Esq

563 15. Sir Iohn Lewes of Ledston in Yorkshire, 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

[Page]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 Leicestershire, Esq

572 Sir Thomas Foot of London, Kt. and Alderman.

573 22. Thomas Manwaring of Overpever 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 Yorkshire, Esq

577 4. Heneage Featherstou of Blakesware 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 Norfolk, Esq

584 22. Iohn Keyt of Ebrington in Glocestershire, 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 Sussex, Esq

591 29. Iohn Legard of Ganton in Yorkshire, Esq

592 31. George Marwood of Little-Buskby 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 Temple, London, Esq

597 8. Herbert Springet of Broyle in Sussex, 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 Yorkshire, Esq

602 Feb. 2. Walter Ernley of New-Sarum in Wiltshire, Esq

603 Iohn Hubaud of Ipsley in Warwickshire, Esq

604 7. Thomas Morgan of Llangahock in Monmouthshire, Esq

605 9. Richard Lane of Tulske in the County of Roscommon in the Kingdom 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 London, Esq

609 18. Sir Iames Modyford of London, Kt.

610 21. Thomas Beaumont of Stoughtongra [...]ge in Leicestershire, Esq

611 23. Edward Smith of Eshe in the Bishoprick 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 Lancashire, Esq

614 William Wilson of Eastborne in Sussex, Esq

615 Compton Read of Burton in Berkshire, 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 Hartfordshire, Esq

621 20. Iohn Bromfield of Southwark in Surrey, Esq

622 Thomas Rich of Sunning in Berkshire, 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 Berkshire, Esq

626 April 8. Walter Hendley of Louchfield in Sussex, Esq

627 9. William Parsons of Langley in Bucks, Esq

[Page]628 Iohn Cambell of Woodford in Essex, Esq

629 20. William Morice of Werrington in Devonshire, Esq one of his Majesties 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 Devonshire, 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 Yorkshire, Esq

638 Charles Lloyd of Garth in Montgomeryshire, 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 Oxfordshire, Esq

644 21. Iohn Charnock of Holcot in Bedfordshire, Esq

645 Robert Brook of Newton in Suffolk, Esq

646 25. Thomas Nevill of Holt in Leicestershire, 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 Durham, 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 London, Esq

659 Iohn Sylyard of Delaware in Kent, Esq

660 10. Christopher Guise of Elsmore in Glocestershire, Esq

661 11. Reginald Forster of East-Greenwich 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 Devonshire, Kt.

676 Oct. 4. Iohn Frederick van Freisendorf of Herdick, Lord of Kymp, Embassadour 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 Essex, 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 Cornwall, 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

[Page]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 Huntingtonshire, 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 Northumberland, Esq.

707 Nov. 17. Richard Graham of Norton-Coniers in Yorkshire, Esq.

708 Thomas Tankard of Burrow-Brigg in Yorkshire, Esq.

709 20. Cuthbert Heron of Chipchase in Northumberland, Esq.

710 29. Sir Francis Wenman of Caswell in Oxfordshire, 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 Cheshire, Esq.

715 Ian. 19. Sir Nicholas Slaning of Mariston in Devonshire, Knight of the Bath.

716 22. Sir George R [...]eve of Thwayte in Suffolk, Kt.

717 Mar. 18. Thomas Brograve of Hammels in Hertfordshire, Esq.

718 Arpil 7. 1663. Sir Thomas Barnardiston of Kedington 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 Cambridgshire, Kt.

725 13. William Gawdey of West-Herting in Norfolk, Esq.

726 14. Sir Charles Pym of Brymmore in Somersetshire, Kt.

727 29. Sir William D'oyley of Shottesham in Norfolk, 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 [...]tinghamshire, 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 Middlesex, 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 Oxfordshire, Esq.

739 Iuly 1. Giles Tooker of Maddington in Wiltshire, Esq.

740 13. Stephen Anderson of Eyworth in Bedfordshire, Esq.

741 Aug. 31. 1664. Thomas Bateman of How-hall in Norfolk, Esq.

742 Sept. 26. Thomas Lorrayne of Kirke-Hall in Northumberland, 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.

[Page]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 Glocestershire, 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 Somersetshire, 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 Flintshire, Esq.

791 May 5. Sir George Stonehouse for life, having surrendred his former Patent, Dated May 7. 1628.

792 Octob. 25. Fulwar Skipwith of Newbold-hall in Warwickshire, Esq.

793 May 19. 1671, Iohn Sabin of Eyne in Bedfordshire,

794 Iune Philip Carteret of St. Owen in the Isle of Iersey, Esq.

795 28. William Chaitor of Croft-hall in Yorkshire, Esq.

796 Sept. Herbert Croft, Son to the Bishop of Hereford.

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 Somersetshire, 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 Northumberland, Esq.

806 Iohn Thomson of Haversham in Buckinghamshire, Esq.

807 Feb. 7. Thomas Allen of Blundeston in Suffolk, Esq.

808 Iune 7. 1674. Halswell Tynte of Halswell in Somersetshire, 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 Buckinghamshire, 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 Nottinghamshire, Kt.

816 Mar. 25. 1675. Cornelius Martin Tromp of Amst [...]rdam, Esq.

817 April 23. Richard Tulpe of Amsterdam, Esq.

818 Dec. 7. Thomas Samwell of Vpton in Northamptonshire, Esq.

819 Ian. 24. Charles Rich of the City of London, Esq.

820 Mar. 11. Benjamin Maddox of Wormley in Hertfordshire, 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 Nottinghamshire, 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 Westmoreland, Esq.

835 Ian. 31. Hugh Ackland of Cullum-Iohn in Devonshire, 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 Higden in the said County, Esq.

839 Iune 29. Ignatius Vitus alias White of Limberick in Ireland, Esq.

KNIGHTS OF THE BATH. CHAP. XX.

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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 Royal. Thus at the Creation of Henry Prince of VVales, and Charles Duke of York, the second 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. Selden thinks them more ancient: But that great Antiquary Elias Ashmole Esq is of the Opinion 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 solemnity for which they were created (except the red Ribbon which they are allowed always to wear cross their left Shoulder;) and upon any vacancy their number (which is uncertain) is not supplyed.

They are created with much noble Ceremonies, and have had Princes and the prime of the Nobility of their Fellowship. The particular 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 VVilliam 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 honourably received by the Chief Officers and Nobles of the Court, and hath two Esquires appointed 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 [Page] 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 Chamber 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 Curtains; and so soon as he is dry, they shall help to dress him, putting over his inward Garment 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 performs a Vigil till almost day, with Prayers and Offerings, beseeching God, and his blessed Mother 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 Essquire, 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 Candlestick, at the words Verbum caro factum est, the Esquire kneeling, shall offer the Taper to the Honour of God, and a penny to the Honour of the person that makes him a Knight: This Ceremony being ended, he shall be conducted 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, having 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 hanging 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 into the Hall doth ask for the Sword and Spurs, which the Chamberlain shall take and shew the King, who takes the right Spur and delivers 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 Master 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 Knighthood (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 forwards, 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.

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

EDward Lord Clinton, now Earl of Lincoln.

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 Westmoreland.

Sir Charles Berkley, eldest Son to George Lord Berkley.

Sir Henry Bellasis, eldest Son to the Lord Bellasis.

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 Cornwallis.

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.

OF Knights Batchelors, With what is incident to that Degree of KNIGHTHOOD According to the Laws of England. CHAP. XXI.

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THE particular kinds of Services by which Lands of Inheritance are distinguished, are two; viz. Knights of Service, and Knights of Soccage.

And in ancient time Tenure by Knights Service was called Regale serviti [...]m, because it was done to and for the King and Realm, and forinsecum servitium, as appeareth in the 19 Edw. 2. Avowry 224. 26. Ass. p. 66. 7. Hen. 4. 19. Coke's seventh Part, 8. a. Calvin's case: because they who hold by Escuage ought to do and perform their Services out of the Realm, Litt. 35. & ideo forinsecum dici potest sit quia, & capitur foris, & hujusmodi, servitia persolvuntur ratione Tenementorum, & non Personarum.

And as Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad, so Soccage-Tenure commandeth the attendance at the Plough; the one by Manhood defending the King, or his Lord's life and person; the other by industry maintaining with Rents, Corn, and Victuals his Estate and Family.

For Kings did thus order their own Lands and Tenements: one part they kept and detained in their own hands, and in them stately Houses and Castles were erected, and made for their habitations, and defence of their Persons, and of the Realm; also Forests and Parks were there made for their Majesties Recreation: One other part thereof was given to the Nobles, and others of their Chivalry, reserving Tenure by Knights Service: The third part was bestowed upon men of meaner condition and quality, with reservation of Soccage-Tenure. And in this manner the Dukes and Nobles amongst their Menials and Followers dissipated a great part of their Lands; viz. to their Gentlemen of quality, to hold by Knights Service, and to other of meaner condition by Soccage-Tenure.

Gervatius Tilbuciensis, a learned man that flourished in the days of King Henry the Second, in his Dialogue of the Observations of [Page]

The Right Honourable S. Ioseph. Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State &ca.

The Honourable Sr. Robert Atkins of Totteridge in Hertford shire, and of Sapperton in Glocester shire Knight of the Bath, and one of his matys. Iustices of the Com̄on pleas &ca.

Sr. Iohn Bennet of Dawly in Middsx. Kt. of the honble. order of the Bath, Leivtenant to his maties Band of Gentlemen Pentioners, and eldest brother to the Rt. honble. Henry Earle of Arlington; who was first maried to Elizabeth Countess of Mulgrave daughter to ye Earle of Middsx. and now to Bridget Howe of the Family of Sr. Grubham Howe

Sr. Robert Southwell Knight, one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell &c•t.

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Sr. Hugh Wyndham of Silton in Dorsetshire Kt. one of the Iustices of his matys. Court of Comon pleas at Westminster, eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire Kt, who was lineally descended from the antient Family of ye Wyndhams of Felbrigg in Norfolk [...]own [...]r ther [...]of

Sr. Thomas Daniell of Beswick in the East Rideing of Yorkshire Kt. Major to his matys. Regiment of Foot Guards, and Captaine of his matys. Archchiffe Fort in Dover.

Sr. Thomas Mompesson [...] antiently Montpintson [...] of Bathampton in Wiltshire Knight, a person of eminent Loyalty and suffering in the late trouble, whose Family have been of greate antiquity in the said County.

Sr. Thomas Lynch of Great Sonkey in Lancashire Kt., one of the Gentlemen of his maty [...]. privy Chamber in ordinary, and late Governour of his Ma••• Island of Jamaica, decended of ye Linc [...]s of Groves in Kent; and is now maried to Vere Herbert, 2•. daughter of Sr. Edw: Herbert sometyme Lord Keeper of the gro [...]t sea [...]e.

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Sr. William Pelham of Brocklesby in Lincolnshire Kt., whose Grandfat [...]er Sr. William Pelham of the said place Kt., (who was descended of ye antient family, of ye Pelhams of Langhtoni [...] sussex) was employed under Queen Eliz: in ye offices of Ld cheife Justice of Ireland, Marshall of ye English forces sentinto ye Low Countrys, Mast [...] of her ordnance [...] and one of her privy Councell.

Sr Thomas Davi [...]s of the Citty of London Knight Ld. Maior thereof Anno 1677.

Sr. William Prichard of the Citty of London Kt. and Alderman; now maried to Sarah daughter of Francis Cooke of Kingsthorp in Northampton shire Gent•.

Sr. Thomas Player of Hackney in Middlesex Knight, Chamberlaine of the Citty of London.

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Sr. Iohn Berkenhead Knight Master of Requests to his Majesty, and Master of the Faculties, and one of the members of the Honourable house of Comons.

Sr William Drake of Amersham in the County of Bucks Knight. now maried to Elizabeth daughter of ye honble. [...] •. Mount [...]gu Lord cheife Baron of his matys Court of Exchequer

Sr William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations.

Sr. William Waller of Winchester in Hantshire K, descended from Richard Waller of Groombridg in Kent Esqr. who at ye battle of Agencourt took Io [...] Duke of Orleanse Prisoner, and brought him to Groombridg, wh [...]re he remained a Prisoner 24 yeares; and in memory of the Action it hath bin ever since allowed to the family to beare hanging on their Antient Crest the Armes of the said Duke.

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Sr William Hustler of Acklam in Cleaveland in The County of York Kt

Sr. Joseph Sheldon of the Citty o [...] London Kt. Alderman&, Lord M [...]j. therof Anno [...]

Sr. Robt. Hanson of the Citty of Londo [...] Knight and Alderman. Lord Major thereof Anno 1673

Sr. Iohn Maynard of Gunnersbury in the Parish of Ealing in the County of Midlesex Knight, sergeant at Law to his Majesty King Charles the second.

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S•. Iohn Short [...]r of the Citty of London Kt. and Alderman; now maried to Ezabe [...] daughter of Iohn Birkhead of Ristwhait [...] y• parish of Crostwhait in Cumberland Gen•

Robert Peyton of East Barnet in ye. County of [...] Kt. descended of ye. Antient Family of ye. Peyton [...] Cambridgshire. no [...] Maried to Iane Daughter and [...] heyrs of Lionell Robison of Couton in York shire Esq.

Sr. Edward Lowe of new Sarum in Wiltshire Kt. one of the Masters of the High & Honourable Court of Chancery.

Sr. Iohn Iames of Wi [...]borow in K [...]nt Kt. d [...]scended of ye. [...]nti [...] And S [...]r [...]ading Family of ye. Iam [...]is Who Transpl [...]nted Themselu [...]s out of Cle [...] in Germa [...]y into England About ye [...] [...] of y• [...]igne of K. [...] Family S [...] [...] in T [...] Body of y•. Book S [...]ction Chap: 1 Th [...] S [...]S. Io [...]n is [...]w Maried to M [...]y d [...]ught [...]r of Sr. Robert Ki [...]e [...]r [...]w of Ha [...]worth in Middle [...] Kt. des [...]ed [...] C [...]m [...]er [...]n to y• Late Queen Mother.

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[...] Hon Sr. Robert B [...]oth of Salford in L [...]c [...]shire K•. [...] chife Iustice of [...] Mat•s Court. of Com [...]n pleas in Ireland & one of his Ma••• most Hon pri [...] [...]ncell for y• Sd Kingdome, Grandchild & heyre of Humfry [...]ooth of Salford [...] G [...]n. whose Ch [...]ritable works [...] his name of w•. see more in [...] [...]dy of y• Bocke s [...]e 3 chapt. 1 [...] The Sd. S [...]r. Robert was first maried to mary [...]ghter & heyre of Spencer Po [...]ts of Chalgraye in Bedfordshire Esq, & [...] to Susanna Daughter of Sr. [...] of Dean in East Kent Kt. A [...]so [...] D [...]ceased:

Sr. Charles Pitfeild of H [...]xton in the Parish of St. Leonard [...]horditch in Middlesex Kt. Descended of the Antient family of the Pitfeilds of [...]um [...]n [...]s [...]ry in D [...]rs [...]tshire [...] is now maried to Winefrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Es [...]

Sr. Thomas Middleton of Stansted Mount Fichit in ye. County of Essex Kt. now maried to Mary ye. Relict of Thomas Style Esq Eldest Son of Sr. Thomas Style of Wa [...]ering bury in ye [...] County of Kent Bar•: and only Daughter of Sr. Stephen Langham of ye Citty of London: Kt.

Sr. Francis Theobald of Barking hall in Suffolk Kt. a great Lover of Lerning & fautor of Lerned men in Soemuch yt Dr. Castle in his Polyg [...]o [...] Lexicon makes This mention of him yt. he is harum Linguarum Callentissimus

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Sr. Robt. Hardinge late of Kings-Newton in ye Parish of Melborne in Darby-shire, N [...]w of Grais Inn in Middle•. Kt. his matys. Attorney of all his Forests &c. from Trent Northward's a great sufferer for there matys. King Charles ye first & second. Hee Maried Anna eldest daughr. of Sr. Richard Sprignell of H [...]gate in Middlesex Bar•. Deceased.

Sr. Io. Kirke of East Ham in Esex Kt. one of ye Band of Gentleman Pentioners to his maty [...]. King Charles the 2d. which sd. Sr. Io. and his family hath been very actiue for the Servic [...] of there King and Country. & in particular at Canade in America.

Sr. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight

Sr. William Beversham of Holbrookhall in Suffolk Knight. one of the Masters o [...] the High and Honourable Court of Chancery

[Page] the Exchequer, hath in effect as followeth: Until the time of Henry the First (saith he) the Kings used not to receive Money of their Lands, but Victuals for the provision of their House; and towards the payment of their Souldiers wages, and for such like Charges, money was raised out of the Cities and Castles in which Husbandry was not exercised: But at the length, when the Kings being in parts beyond the Seas, needed ready money for and towards the furniture of their Wars, and the Subjects and Farmers complained they were grievously troubled by carriage of Victuals into sundry parts of the Realm far distant from their Habitations, the Kings directed Commissions to certain discreet persons, who having regard to those Victuals, should reduce them into reasonable sums of money, the levying of which they appointed to the Sheriff, taking order withal that he should pay them at the Scale or Beam, that is to say, that he should pay six pence over and above every pound weight of money, because he thought that the money would wax so much the worse for the wearing.

And it was anciently ordained, That all Knights Fees should come unto the eldest Son by succession of Heritage, whereby he succeeding his Ancestor in the whole Inheritance, might be the better able to maintain War against the King's Enemies, or his Lords; and that the Soccage of Freehold be partable between the Male Children, to enable them to encrease into many Families for the better encrease 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 indifferently 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 servitium forinsecum non semper manet sub eadem quantitate, sed quandoque praestatur ad plus, quandoque ad minus; ideo eo quantitate Regalis 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 furnished 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 seemeth that the days shall be accompted from the first day that the King doth enter into Scotland, 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 proper 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 observed, 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 Forty 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 Opinions 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 maintain the Degree of Knighthood; as it doth appear 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 Census militis, the Estate of a Knight was measured 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 Soccage 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 Service 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 Military Profession. In our Law they are styled Milites, and never Equites; yet so, that Miles 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 delight is to speak short) this name Knight remaineth [Page] with us; for Armiger, scil. the Esquire, 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 taken of Horses; for the Italians call them Cavelieri; the Frenchmen Chivaleris; the Germans, Regters; our Britains, Murgeghe, all riding; and in Latin we call them Equites aurati; for at their Creations, besides the Sword and Girdle, gilt Spurs were added for more Ornament. And when a Knight doth commit any offence for which he is by the Law to suffer death, the use hath been in the begining 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 Statesmen, and happily as good Politicians, as the long Robe: Perhaps for this Reason, one aims chiefly at Glory and Honour, which easily attracts admirers and favourers; the other at Riches and indirect Negotiations, which begets 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 moreover, Avance Chivaler: See the Book of Titles 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 given on the sudden, and therefore is commonly 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, without any Addition, be called Knights, howsoever they are in order ranked last, yet by institution they are first, and of greatest Antiquity; and the other Orders are but late Attributes, according to the several inventions of particular Princes. And I do not remember that in our Books of Law I have read any thing concerning the Order of Knights with Addition, viz. Knights of the Honourable Order of the Garter, Knights Bannerets, and Knights of the Bath. But in the Statute 12 Hen. 8. cap. 13. it is enacted, That every Knight of the Garter 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 precedency, since either of them hath been in credit in the Common-wealth: as may appear both by the Comparison that Tully maketh between Lucius Murena, a Knight of Rome, and Publius Sulpitius a Lawyer, either of them standing for Consulship, in his Eloquent Oration made for Murena; and many Disputes of Bardal and Bardus, arguing the Case Pro and Con: which though it be disputable in Foreign 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 lately hath been, That Knights Lieutenants (that is to say) such Knights as either have been Ambassadors in Foreign Parts, or Judges within the Realm, may and ought to have, during their lives, precedency above men of their own rank after their Offices expire; and sub Iudice his est, not determined by Judgment. But admitting it so to be, by way of Argument in that case; yet the Heralds do deny that priviledge to the Lord Mayor and Aldermen of London, or Justices of the Peace, who have their limited Jurisdiction of Magistracy confined them: but the former are generally Magistrates throughout the Realm, and their employment concerneth the whole Commonwealth; and having the publick Justice and Honour of the whole Estate committed unto them, do more [Page] meritoriously draw from thence a great respect of Honour, according to the generality of their Administration and Employments, which an inferiour and more con [...]ned Magistrate cannot have.

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

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

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

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

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

But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted, That albeit any person or persons, being Justices of Assize, Justices of Goal-delivery, or Justices of the Peace within any of the King's Dominions, or by any other of the King's Commissions whatsoever, shall have the fortune to be made or created Duke, Archbishop, Marquess, Earl, Viscount, Bishop, Baron, Knight, Justice of the one Bench, or of the other, Serjeant at Law, or Sheriff, yet that notwithstanding he and they shall remain Justices and Commissioners, and have full power and authority to execute the same in like manner and form as he or they might or ought to have done before the same. By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth, That every Writ, Original of Actions personal, Appeals, and Indictments, and in which an Exigit shall be awarded to the names of the Defendants, in such Writs, Oginal, Appeals, and Indictments shall be made the Additions of their Estate, Degrees, &c. And a little after it is provided, That if the said Writs of Actions Personal be not accordding to the Record and Deed, by the Surplusage of the Additions aforesaid, that for this cause they are not.

Iohn 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 Original, according to the Defendants Degree, although it varies from the Original Specialty, as it ought to be made by the Statute: But the Cursitor mistaking, did make the Original only according to such Addition as was specified in the Obligation, omitting his Degree or Dignity, and the Entry of the Capias alias & pluris was according to the said Original; But in the Exigit and Proclamation, and Entry of it, the Defendant was named according to his Degree of Dignity: upon a Writ of Error after a Judgment, doubt was, If this might be amended in another Court than where the Original was mâde; and at the last it was resolved by all the Court, That the Record should be amended by the Cursitor, and made according to the Note and Title delivered unto him by the Attorney.

It appeareth in our Books of Law, that the highest and lowest Dignities are universal; for as if a King of a Foreign Nation come into England by his Majestie's leave (as it ought to be) in this case he shall sue and be sued by the Name of a King; So shall a Knight sue or he sued by the name of a Knight, wheresoever he received that Degree of Honour: But otherwise it is as if a Duke, Marquess, Earl, or other Title of Honour given by any Foreign King or Emperor, yea, although the King by his Letters Patents of safe Conduct do name him Duke, or by what other Foreign Title of Dignity he hath; For Experience teacheth that Kings joyned in League together by a certain mutual (and as it were a natural) power of Monarchs (according to the Law of Nations) have admitted one anothers Servants, Subjects, and Ambassadors graced with the Title of Knighthood. Therefore though a Knight receive his Dignity of a Foreign Prince, he is so to be stiled in all Legal Proceedings within England. And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands, thinking that it was more honourable to take Arms of some other, 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 [Page] Malcombe King of Scots unto our Henry the Second, and our Edward the First unto the King of Castile, to take of them Military Arms: For these terms and phrases they used in that Age for the Creation of a Knight.

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

And for that cause also, by the Common Law, not only the King, but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight: And all Lands are subject to these Aids, except only ancient Demesne, and grand and petty Serjeanty-Tenures, as the Law hath [...]een anciently delivered: And in Io. Shelden 131. where also it is said, one that wrote a little after the Statute of Westminster the first, allows as a good barr to the Avowry, for the Tenant to plead that the Father himself is no Knight; so that one not Knighted cannot claim this Ayd of his Tenants, 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 Common Law in this Case; but by the Statute of Westminster the first, Chap. 35. it is put in contrary, viz. forasmuch as before this time reasonable Aid to make ones Son Knight, or to marry his Daughter was never put in certain, nor how much should be taken, nor at what time, whereby some levied unreasonable Aid, and more often than seemed necessary, whereby the people were sore grieved: It is provided that from henceforth, of a whole Knight's Fee, there be taken but Twenty shillings; and of Twenty pounds in Land holden in Soccage, Twenty shillings; and of more, more; and of less, less; after that rate. And that none shall levy such Aid to make his Son a Knight, until his Son be of fifteen years old; nor to marry his Daughter until she be of the Age of seven years: And of that there shall be mention made in the King's Writs formed on the same, when any will demand it.

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

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

Question: If the Son and Heir of the Tenant of the King by Knights Service, &c. be made Knight in Paris by the French King, whether he shall be out of Wardship after the death of his Father, or no? for thereby he is a Knight in England: Coke's seventh part, b. 2 Edw. 4. fol. tamen vide in Coke's sixth part, 74. b. mention is only made of Knights made by the King himself, or by his Lieutenant in Ireland. But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor; and after the death of his Ancestor the said Heir being within Age, shall in this Case be out of Ward, and shall pay no value for his marriage, neither shall the Lord have the Custody of the Land; for in that Case, by the making of him Knight in the life of [Page] his Ancestor, he is made of full Age; so that when his Ancestor dieth, no interest, either in the Body, or in the Land, shall invest in the Lord; but the Knight may tender his Livery as if he were of full Age: And in that case the King shall have primier Seisin, as if he had been One and twenty years of Age at the time of the death of his Ancestor, and not otherwise. For the Statute of Magna Charta doth not extend unto it; for the purview of it doth extend only when the Heir in Ward (infra aetatem) is made Knight, then remanet terra in Custodia, &c.

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

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

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

But in France it was anciently adjudged, that when the Lord of a Villain had Knighted his Villain, being a Gentleman he became free, and had his Honour 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 Knighthood he had civil freedom for his ground, but was not capable of it, except by the King only.

It was enacted by Parliament in the sixth year of the Reign of King Iohn, in haec verba, Rex Vicecom. &c. Sciatis quod consensum est cum assensu Archiepiscoporum, Comitum, Baronum, & omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis & armis ad defensionem Regni nostri.

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

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

If the Tenant make his Election by Battel, each parties are to choose their Champions, and the Court shall award the Battel, and the Champions shall be at Mainprize, and sworn to perform the Battel at a certain day in the Term; and idem dies shall be given to the parties, at which day and place a List shall be made in an even and plain Ground there quadrant, that is to say, every way sixty foot square; and the Place or Court for the Justices of the Common Pleas without, and upon the Lists furnished with the same Clothes which belong to their Court at Westminster, and a Barr shall be there made for the Serjeants at Law; and the Robes of the Justices and Serjeants shall be of Scarlet, with their Coifs on, as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes: And the Demandant first was solemnly demanded, and did not appear; whereupon the Manuperors of the Champion were demanded to bring forth the Champion of the Demandant, who came into the place apparelled with red Sandals upon his black Armour, bare legged from the Knee downwards, and bare headed, and bare Arms to the Elbows, being brought in by a Knight, namely Sir Ierom Bowes, who carried a red Battoon of an ell long, tipped with horn, and a Yeoman carrying the Target made of double Leather; and they were brought in at the North side of the Lists, and went about the sides of the Lists until they came to the midst of the Lists, and then came [Page] towards the Barr, before the Justices, with three solemn Congies; and there was he made to stand on the South side of the place, being the right side of the Court: And after that the other Champion was brought in in like manner, at the South side of the Lists, with like Congies, by the hands of Sir Henry Chequie Kt. &c. and was placed on the North side of the Barr, and two Serjeants, being of the Counsel of each part, in the midst between them. This done, the Demandant was solemnly called again, and appeared not, but made default. Bowham, Serjeant for the Tenant, prayed the Court to record the Nonsuit, quod factum fuit. And then Dyer Chief Justice, reciting the Writ and Content, and Issue joyned upon the Battel, and the other of the Champions to perform it, and the prefiction of this day and place, did give final Judgment against the Demandant, and that the Tenant should have the Land to him, and to his Heirs for ever; and the Demandant and his Pledges de prosequendo in misericordia Reginae: And afterwards solemn Proclamation was made that the Champions, and all others there present (which were by estimation above Four thousand persons) might depart every man in the peace of God and the Queen, & sic fecerunt cum magno clamore, vivat Regina.

Also if false Judgment be given in the Country, which is the Sheriffs Court, then the Writ shall be thus; Henricus, &c. Vicecomiti Lincoln. salutem; Si A. fecerit, &c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem, & Will. B. tenentem de uno messuagio & centum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fuisse Iudicium in eodem, & Record. illud habeas coram Iusticiariis Iuris apud Westminsterium tali die sub sigillo tuo, & per quatuor legales Milites ejusdem comitatus, & illos qui Recordo illi interfuerunt, & summoneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum illud, & habeas ibi sua nomina quatuor militum & hoc breve. Fitz. Nat. Brev. itidem E. And those four must be Knights indeed. Also the Justices upon consideration of the usual words in every Writ of Venire Facias, Coram &c. Duodecim tum Milites quam alios liberos & legales homines, &c. say that these words [tum Milites] were not at the first put into the Writ without effect, Plowden 117. b. For it seemeth that in diebus 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 levandis, amongst other things it is enacted, That for the utility of the Realm, and the more assured conservation of the Peace, the Justices assigned to take Assizes in all Shires, where they take Assizes as it is ordained, immediately after 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 deliver the Goals of the Shires, as well within the Liberties as without, of all manner of Prisoners, after the form of the Goal Delivery 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 extend 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 returned upon Juries in ordinary Trials between party and party, as other Freeholders may be. And therefore in a Challenge to the great Assize under Edward the Third, one was challenged pur ceo qu'il fait abaner; or as the Abridgment 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, being Peers of the Realm, and all other under them, are Peers amongst themselves; for notwithstanding 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 Dignity 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 allowed of in Heraldry, with whom the Rule is, That the eldest Son of every one of a created [Page] 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 being Heirs Apparent any Prerogative of the greater Nobillty.

And in case where a Peer of the Realm is party Plaintiff or Defendant in any Action 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 intent that his Age, Idiocy, or other defect might be discovered by the Judges. Nevertheless 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 incident 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 usual Service of Knights in this behalf hath been to many, and scandalous to the Law of the Land, they sometimes taking Recognizances of a Fine from a Feme Covert, as if she were sole, and many times acknowledged 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 Britton 29. & 36. is cited to prove it. And by a large understanding of the intent and meaning of the Statute of Marlbridge, chap. 10. For the ancient Common Law had such respect 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 Introductiva 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, mentioned 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 before, as immediately after the making of that Statute of Marlbridge; and Interpretatio Practica is a principal way and form of Interpretation of Laws. The Lord Chancellor's Speech, in the Case of Postnati, fol. 58. And in Divinity, Praxis sanctorum est interpretatio 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 County 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 nostri Concilii, pro quibusdam arduis & urgentibus negotiis nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram Westm. duodecimo die Novembris proxime futuro teneri ordinavimus, & ibidem cum Praelatis magnatibus, & proceribus dicti Regni nostri colloquium habere & tractare, tibi praecipimus firmiter injungentes, quod facta Proclamatione in prox. Comit. tuo post receptionem hujus brevis nostri tenendi die, & loco praed. duos Milites gladiis cinctos Magisidouers & Discretos Com. praed. &c. & electionem & partes sub sigillo tuo, & sub sigillis eorum qui electioni 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 Parliaments hereafter to be chosen, shall be notable Knights of the same Counties for the which they shall be chosen, or else such notable 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 Exigit lieth [...] against them for Debt or Trespass.

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 Inquest, howsoever he may be worthy and sufficient to serve the Commonwealth in Marshal Affairs. The Wives and Widows of [Page] 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 abate 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 Italians, 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 abate the Writ.

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

By the Statute 1 Iacobi, cap. 27. it seemeth 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 excepted.

Observations concerning Knights Batchelors.

A Baronet cannot claim the Priviledge that Knights have from Cart-taking by Magna 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 contra 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 dependance 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 making 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 Gentleman 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 healthy Body, and able to undergo the Travel required in a Souldier; also whether he were a man of honest conversation, and what credible 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 Knighthood, swear before God, and by this Holy Book, that you shall not fight against this mighty and excellent Prince that now bestoweth 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 otherwise 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 wherein 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 seven Noble Ladies attired in white, and begirt 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 entertained [Page] with a Delicate Banquet or Collation, and so the Ceremony ended.

Of Degrading of Knights.

DEgrading of Knights is not very customary, Examples being seldom found, it being used only for great and notable Facts and Offences against Loyalty and Honour; as absenting themselves dishonourably from their King's Service; for leaving their Colours, and flying to the Enemy; for betraying Castles, Forts, and the like hainous Crimes.

The manner of Degrading a Knight hath been as followeth: When a Knight had been found thus disloyal or corrupt, he was to be apprehended, and armed Cap-a-pe, as if he was going to the Wars, was to be placed upon a high Scaffold made for that purpose in the Church; and after the Priest had sung some Funeral Psalms, as are used at Burials, as though he had been dead, first they take of his Helmet to shew his face, and so by Degrees his whole Armour: then the Heralds proclaiming him a disloyal Miscreant, with many other Ceremonies to declare him Ignoble, he was thrown down the Stage with a Rope; and this was done about the time of King Arthur, as is affirmed by Mills, fol. 84.

Also about the Degrading of Knights these things have also been used; as the reversing their Coat of Arms; by seizing of their Equipage (except one Horse) ne qui dignitate f [...]ctus est eques cogatur pedes incedere; b [...] cutting of the Spurs from their Heels, and by taking away their Sword and breaking it. But of late the Martial Law is usually put in Execution, both in our Civil Wars, as in France, and elsewhere; that is, to dispatch such trayterous persons by a File of Musquetiers.

KNIGHTS OF THE Round Table. CHAP. XXII.

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THE Founder of this ancient Order of Knighthood was Arthur King of the Britains, who reigned about the year of Christ 516. whose Valour was so great and admirable, that many now living do believe the same rather fabulous than real. This Noble King having, as Sir William Segar noteth, driven out of England the Saxons, conquered Norway, Scotland, and the greatest part of France (where at Paris he was crowned) and returning home, lived in such great Renown, that many Princes and worthy Knights came from all Parts to his Court to give Evidence of their Valour in the Exercise of Arms. Upon this he erected a Fraternity of Knights, which consisted (as some say) of Four and twenty; others, a greater Number; amongst whom he himself was Chief: And for the avoiding of Controversies for taking place when they met together, he caused a Round Table to be made, from whence they took their Name; which said Table (if you will believe the Inhabitants of Winchester) hangs up in their Castle, where they used to meet; and the time of their meeting was at Whitsontide.

Into this Society none were admitted, whether Britains or Strangers, but such as did make sufficient proof of their Prowess and Dexterity in Arms, and such as were Renowned for their Vertue and Valour.

The Articles which they vowed to keep, were; To be always well armed, both for Horse or Foot Service, either by Land or Sea; and to be always ready to assail Tyrants and Oppressors; To protect and defend Widows, Maidens, and Children; and to relieve all that are in necessity: To maintain the Christian Faith, contribute their Aid to Holy Church, and to protect Pilgrims: To advance Honour, and suppress Vice: To bury Souldiers that wanted Sepulchres: To ransom Captives, deliver Prisoners, and administer to the cure of wounded Souldiers, hurt in the Service of their Country: To Record all Noble Enterprizes, to the end that the Fame thereof may ever live to their Honour, and the Renown of the Noble Order.

That upon any complaint made to the King of Injury or Oppression, one of these Knights, whom the King should appoint, was to Revenge the same. If any Foreign Knight came to Court, with desire to shew his Prowess, [Page] these Knights ought to be ready in Arms to answer him. If any Lady, Gentlewoman, or other oppressed or injured person, did present a Petition declaring the same, whether the Injury was done here or beyond Sea, he or she should be graciously heard, and without delay one or more Knights should be sent to make Revenge: And that every Knight, for the advancement of Chivalry, should be ready to inform young Lords and Gentlemen in the Orders and Exercises of Arms.

For what I can find, there was no Robe or Habit prescribed unto these Knights; nor can I find with what Ceremony they were made; neither what Officers did belong unto the said Order, except a Register to record all their Noble Enterprizes.

Not to pass over this Noble Arthur, give me leave to repeat what I find mentioned of him by Sir William Segar in the said Chapter. This valiant Prince, not confining himself to the narrow limits of his own Kingdom, left the Government thereof to the management of his Cosin Mordred, and began his Journey, or rather Conquest (for in all places he found Fortune to favour him) And after his many Victories gained of the Saxons, Scots, Norwegians, Romans, Saracens, and French; in the end, being laden with Honour, he returned into England, but found Mordred a Traitor, as usurping the Government, and obstructing his Landing: But all that he could do was in vain; for being landed, he fled to London, but the Citizens refusing to give him Entrance, he went into Cornwall, where King Arthur gave him Battel, which proved unfortunate to them both, for Mordred was slain by King Arthur, who was also desperately wounded; and after this wound (as some say) he was never found alive or dead, which made the Poets to feign that he was taken up into the Firmament, and there remaineth a Star amongst the Nine Worthies: Which phansie is founded upon the Prophesie of old Merlin, which was his Counsel, and esteemed as a Prophet; who for many years before affirmed, That King Arthur, after a certain time, should resuscitate and come unto Carlion, to restore the Round Table. He wrote this Epitaph:

Hic jacet Arturus, Rex quondam, rexque futurus.

According to Andrew Favin, there was an Order of Knighthood called Knights of St. Thomas, which was instituted by King Richard the First, after the surprisal of the City of Acon, and consisted of all English men. Their Patron was St. Thomas Becket; their Garment was white; and their Ensign was a red Cross charged in the midst with a white Escallop. But A. Mendo believeth that these Knights were rather some of those which joyned themselves with the Knights Hospitallers, for that they wore the same Habit, followed the same Rule, and observed the same Customes as did the Knights of St. Iohn of Acon.

KNIGHTS OF THE THISTLE, OR OF St. Andrew in Scotland. CHAP. XXIII.

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HVNGVS, King of the Picts, the Night before the Battel that was fought betwixt him and Athelstan King of England, saw in the Skie a bright Cross in fashion of that whereon St. Andrew suffered Martyrdom; and the day proving successful unto Hungus, in memorial of the said Apparition, which did presage so happy an Omen, the Picts and Scots have ever since bore in their Ensigns and Banners the Figure of the said Cross, which is in fashion of a Saltier.

And from hence 'tis believed that this Order took its rise, which was about the year of our Lord 810. For King Hungus and Achains (Confederates against Athalstan) went barefooted (in a devote way) to the Kirk of St. Andrew, to return thanks to God and his Apostles for their Victory; vowing for themselves and their posterity, ever to use the said Cross in their Ensigns in any warlike Expedition.

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

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

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

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

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Knights of the Holy Sepulchre in Ierusalem.

THIS Order of Knighthood is held to be the most ancient of all those Orders that took their beginning in the Holy Land; and is said to be instituted about the time that the Temple of Ierusalem was regained from the Sarazens, which was in Anno 1099.

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

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

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

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

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

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

Saladine having made himself Master of Ierusalem, these Knights retired to the City of Acres, which being also taken, they seized upon the Isle of Rhodes, where they continued as Masters, until forced thence by Solyman the Great in Anno 1522. After which they betook themselves to the Isle of Malta, which with Tripoli and Goza were granted to them by the Emperour Charles the [...]ifth, Anno 1530. and the same year was confirmed to them by Pope Clement the Seventh: and in this Isle they yet continue, and are as a Bulwark to that part of Christendom.

Knights Templars.

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

And the King and Patriarch finding their Actions very successful, furnished them with many necessary Provisions: And although their charitable Service made them acceptable unto all, yet for the first Nine years they were in so great a strait, that they were forced to take the Charity of well disposed people; however there resorted unto them many Christians, so that their number was much encreased. And there being all this while no Habit or Order assigned them, Pope Honorius, at the request of Stephen Patriarch of Ierusalem, prescribed unto them an Order of Life, whereby they were to wear a white Garment; and Pope Eugenius added thereto a red Cross; and in the presence of the said Patriarch they made their Vows of Obedience, Poverty, and Chastity, and to live under the Rule of Regular Canons of St. Augustine. Being thus entred into an Order, they elected an Head or Great Master; and in process of time, through the daily encrease of their number, and their famous enterprizes, not only for securing the passages, but also for waging War both by Sea and Land against the Infidels, they became highly favoured of the Christian Princes, who [Page] assigned to them great Revenues to be spent in God's Service; and in process of time they became exceeding wealthy and powerful, so that they grew proud, and withdrew themselves from the Obedience of the Patriarch of Ierusalem, and joyned with the Pope. But in the end they found not the favour from the Pope as they expected; for by him, or through his consent, upon some infamous crimes charged against them, their Lands and Possessions were seized upon, and otherways disposed of, their Order suppressed, and they themselves imprisoned, condemned, and cruelly executed; but according to the Opinion of many Authors, they were unjustly accused by subornation of Witnesses, meerly to gain their Revenues, which according to Dr. Heylin, were exceeding great, having no less than Sixteen thousand Lordships in Europe.

Knights of St. Lazarus.

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

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

Knights of St. Bass.

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

Knights of St. Katharine at Mount Sinai.

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

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

Knights of the Martyrs in Palestine.

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

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

ORDERS OF KNIGHTHOOD IN SPAIN.

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Knights of the Oak in Navarr.

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

Knights of the Lilly in Navarr.

GRacius King of Navarr, the sixth of that Name, lying in a languishing and sick Condition, sent to St. Saviour de Lyra, and other places of Devotion, to the end that prayers might be made for his Recovery: In which time in the City of Naiera (where he kept usually his Court) there was found the Image of our Virgin Mary issuing out of a Lilly, holding her Son betwixt her Arms, and suddenly after (if you will believe the Story) the King not only recovered his health, but divers other Miracles were done on diseased people in that place; and in honour whereof the King (in Anno 1048.) erected this Order, which consisted of Eight and thirty, of which himself was Sovereign, as were his Successors to be after him. The Badge which these Knights daily wore on their Breasts was a Lilly embroidered in Silver; and on Festival days they wore a double Chain of Gold interlaced [Page] with Letters M. after the manner of a Gothish Letter, with an enamelled Lilly in an Oval Medal hanging at it; and their Habit was white.

Knights of the Band.

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

Knights of the Dove in Castile.

THIS Order, according to Favin, was first instituted by Iohn the first, King of Castile, about the year 1379. in the City of Segovia. The Collar of this Order was composed of peeces which represented the figure of the Sun in his Glory, to which hung a golden Dove enamelled white, and encircled with rayes: But the King dying the same year, and before it was well received, it became of no great esteem.

Ordo de la Scama in Castile.

JOHN the second, King of Castile, for the stirring up his Nobles to assist him in his Wars against the Moors, in Anno 1420. did erect this order, which took so good effect, that in a short time the Moors were subdued. Their Ensign, according to Ios. Micheli, was a Cross composed of Scales of 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 dedicated to the honour of the blessed Virgin, in token of a signal Victory which this King obtained against the Moors. The Collar was composed of Bough-pots fill'd with white Lillies, interlaced with Griffons.

Knights of Mount-joy.

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

Knights of Acon, or Acres.

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

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

Knights of St. James in Galicia.

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

Knights of St. Saviour in Aragon.

DON Alphonso, for his better enabling to force the Moors out of Aragon (about the year of our Lord 1118.) did erect this Order, electing a certain number, which he chose out of those Spanish and French Nobles, that assisted him in his Wars against the Moors; which Honour engaged them to pursue the War against them the more vigorously. The Moors being subdued, King Alphonso established these Knights in the place of the Knights Templars in Montreal, and had a rule of living somewhat conformable unto them (save only to marry) and were obliged to support and defend the Holy Church, and Christian Faith against the Moors. Their Habit was a white Mantle, and on their Breast they wore a red Cross. But when the Moors were expelled (being the chief end for which they were instituted) these Knights were laid aside, or at leastwise not regarded, and their Revenues joyned to the Crown.

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

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

Knights of Calatrava in Castile.

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

Knights of Truxillo, or Trugillo.

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

Knights of our Lady, and of St George of Montesa in Valencia

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

Knights of St. Mary de Merced in Aragon.

JAMES the First, King of Aragon, although for his Conquests against the Moors was Surnamed the Invincible; yet had he the ill fate to be a Prisoner to Simon Earl of Montfort in France, where he suffered many troubles, and indured great hardship, which made him throughly sensible of the 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 advice of Raymond de Penafort his Confessor, a Dominican Frier, and Pedro Nolasco a Noble Cavalier, he founded an Order of Knights in Barcelona, called la Neuva Merced, so named by the blessed Virgin, who in a Vision appeared at one and the same time in one Night to the King, to Raymond, and Nolasco, giving this Order its Name, and directing them in the whole Institution, because of the great good which the Christian Captives should receive by this means.

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

Knights of the Rosary in Toledo [...]

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

ORDERS OF KNIGHTHOOD IN FLANDERS.

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

THIS Order of Knighthood was instituted by Philip Duke of Burgundy, and Earl of Flanders, in Anno 1429. being moved thereto with devout Zeal to undertake the Conquest of the Holy Land: The Patron of this Order was St. Andrew: The Sovereign, he to whom the Dukedom of Burgundy doth lawfully descend. The number of these Knights at the first Election were Four and twenty besides the Sovereign; all of Noble Blood; which were afterwards much increased by the Emperor Charles the Fifth.

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

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

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

ORDERS OF KNIGHTHOOD IN PORTUGAL.

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Knights d'Avis.

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

Knights of the Wing of St. Michael.

DON Alphonso Henriquez, King of Portugal, being sorely oppressed by Albara the Moor, King of Savil, for the freeing his Country, raised an Army; and before he gave them Battel, commanded all his Souldiers to pray to their particular Saints for happy Deliverance; and the King offered up his Prayers to St. Michael the Arch-angel, being the Saint he was much devoted unto. When the Armies were engaged, St. Michael (as the Story goes) appeared on the King's right side, and fought against the Moors, who were routed, and lost the day. And in Commemoration of this great Victory, at his return home (which was in the Year of our Lord 1171. or thereabouts) he instituted this Order of Knighthood, who for their Badge had a red Sword cross'd with Flowers de lis, and this Motto, Quis ut Deus. These Knights (before their growing out of use) were of the [Page] Cistertian Order, followed the Rule of St. Benedict; and by their Obligation were to secure the Borders of the Countries against the Incursions of the Moors, to defend the Christian Religion, and to succour the Widows and Fatherless.

Knights of St. James.

THE Portugals being still oppressed by the Moors, the King Don Denys the Sixth, out of his great affection to relieve his people, did in the year of our Lord 1310. institute this Order, and by the Assistance of these Knights (which were victorious in divers Battels) at length he quitted his Kingdom of them; for which signal Service they had many priviledges conferred upon them by the King, which caused them much to flourish. They profess Conjugal Chastity, Hospitality, and Obedience: Their Ensign is a red Sword, like that of St. Iames in Galicia: Their Habit is white; and none are to be admitted until they have proved their Gentility by Blood.

Knights of Christ.

THE Knights Templars being dissolved, and their Estates confiscated, Don Denys King of Portugal, sent to Pope Iohn the Two and twentieth, to desire that an Order of Knights might be instituted in Castro Marin, which was a Frontier Town of the Enemy, and very commodious for the building a Fort for the resisting the Neighbouring Moors which did much annoy his Kingdom; which request seemed so reasonable, that the Pope (in Anno 1319.) instituted this Order, commanding that they should observe the Cistertian Order, and enjoy the same Priviledges and Indulgences formerly granted to their Great Master and Knights; that they should take the Oath of Fidelity; that all the possessions in the Kingdom of Portugal formerly belonging to the Knights Templars should belong to these Knights, who were obliged to make War against the Neighbouring Moors. Their Habit was black, with a Cross Pattee, Gules, charged with another of Argent, which they wore on their Breasts.

ORDERS OF KNIGHTHOOD IN FRANCE.

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Knights of Iesus Christ.

THIS Order of Knighthood was instituted in Anno 1206. by St. Dominick, chiesly to fight against the Albigenses or Hereticks, and prescribed to them a white Habit, with a Cross flory, quarterly Sable and Argent, to be worn upon their Breasts; and that they should elect a Master; and this Order was approved of by Pope Innocent the Third in Anno 1215. They professed Obedience and Conjugal Chastity. When their business was ended for which they were instituted, they laid away their Arms, and wholly devoted themselves to a Religious Life, and admitted into their Society Widows and Virgins.

Knights of the Passion of Iesus Christ.

THIS Order was instituted by Charles King of France, and Richard the Second, King of England, for the Re-conquest of the Holy Land, the overthrow of the Enemies of Christ, and the advancement of the Catholick Faith amongst the Eastern people.

In the chief Convent of the Holy Chivalry (which was to be beautified with stately Structures, as Palaces, a Castle, a Church; and to be richly endowed, and in common amongst them, that they might the better follow the Exercise of their Arms, and other Duties) all things of publick Concernment were to be heard and debated in the presence of the King by five sufficient Counsels. The two principal Officers of the Chivalry were, first the Grand Justiciary, who had the disposal of all chief Offices and Places, and to whom belonged the Judgment of all criminal Affairs, and next the Grand Bailiff, who was to administer both Civil and Criminal Justice; besides several other Officers of a lower degree, as the Potestate, the Senator of the General Chapter, the Ten Executors of Justice, and the Charitable Commissaries, &c. And for their better living according to the Rules of Order, they were to vow Obedience, Poverty, and Conjugal Chastity.

The Habits which these Knights were appointed to wear, was a civil coloured Cloth Coat, which should reach down half way their [Page] legs, which was to be girt about them with a Girdle of Silk or Leather about two fingers broad, a red Cap, and over the said Coat a Mantle of white Cloth or Stuff, with a red Cross of Cloth or Serge about two fingers broad, which was on the Breast from the top to the bottom, and so round the Waist.

The number of these Knights were to be about One thousand; and each Knight was to have his Esquire armed at all points, with three Varlets; one to carry his Helmet and Launce, another to carry his Mail, and the third to lead his Sumpter; and in time of Peace two or three Horses and Servants, according as the Ability of the Chivalry would allow. But although this Order was erected upon so good a Design, yet no great progress was made therein, for it died almost in its birth.

Knights of the blessed Virgin Mary of Mount Carmel.

KIng Henry the Fourth being desirous to have a new Order of Knighthood, made his application to Pope Paul the Fifth, who in Anno 1608. confirmed this Order, and prescribed divers things (according to the desire of the King) necessary to the Institution; and further ordained Pensions to the Great Master and Knights, out of certain Ecclesiastical Benefices in several places in France. Upon this the Commandaries and Hospitals of St. Lazarus in France were disposed of for the maintenance of these new erected Knights; and those Knights of St. Lazarus that remained in the said Kingdom were joyned unto these.

These Knights by their Institution are to be choice Gentlemen of France, whose Duty is to attend the King's person upon any Expedition of War; they also are to fight against the Enemies of the Roman Church; and they vow Obedience and Chastity.

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

Knights of St. Michael.

THIS Order was erected by Lewis the Eleventh in Anno 1469. whereinto himself, with others the most principal Peers of his Kingdom of France did enter. And the Reason that did occasion the King to erect this Order, was in memory of an Apparition of St. Michael upon the Bridge of Orleance, when that City was besieged by the English; at which time (as Histories relate) lived a certain Maiden called Ioan, of so rare a Wit and Valour in Arms, that she was reputed more than a mortal Creature, leading an Army her self in the Field against the English; for which good Service, when the English had vanquished her Army, and took her Prisoner, they in Revenge caused her to be burnt for a Witch in the Market place of Orleance, in which place is since erected a Conduit to her Memory.

This Order is ornified with a great Collar, whereto hangeth the figure of St. Michael. The Sovereign of this Order is the French King and his Successors. The number of these Knights at first were Six and thirty, which of late years is much encreased, which doth much eclipse its lustre. The place of their general Assembly was at the Church on Mount St. Michael, every Michaelmas day. To this Order belongeth a Treasurer, Chancellor, Register, and a Herald, named Monsanmichaele. Their Habit, as now used, is as followeth; first, Doublet, Hose, Shoes, Scabard, with the band of his Cap and Feather all white, his Surcoat Cloth of Silver, with the Sleeves on; over that a Mantle also of Cloth of Silver, tied over the right Shoulder, and turned up over the left, and bordered about with a rich embroidery of Cockles and Knots; and over all the Collar of St. Michael.

Knights of St. Esprit, or of the Holy Ghost.

THIS Order was instituted by Henry the Third of France in Anno 1578. in honour of Whitsunday, on which day, at an Assembly of Estates General of Poland, together with those for the Dutchy of Lithuania, he was elected King of Poland; and afterwards upon the same Day and Feast he was called and accepted of for their King.

The number of persons contained in this Order is said to be One hundred, besides the Sovereign, which is always to be the King: In which said number are comprehended four Cardinals, five Prelats, the Chancellor, Provost, Master of the Ceremonies, great Treasurer, and Scribe, who are called Commanders.

[Page]Their Grand Feast is Annually celebrated the first of Ianuary in the Church of the Augustine Friers in Paris; but if the King cannot be there present, then it is to be celebrated where he shall personally be, and in the greatest Church, there being divers Ceremonies to be observed by them in the celebration thereof, which are set down by Sir William Segar, pag. 88.

Their Robe is like that of St. Michael, only of black Velvet embroidered all about with Gold and Silver of Flower de lis, and knots of Gold, between sundry Ciphers of Silver and flames of Gold seamed; also garnished with a Mantle of green Cloth of Silver, wrought over with the same manner of Embroidery, and both lined with Orange-coloured Satan: Their Hose and Doublet is white; their Bonets black, with white Plumes: Their great Mantle they wear turned up over the left Shoulder, and open on the right: And over all the Collar wrought of the same embroidery-Work, on which hangeth a Cross with the figure of a Dove in the center thereof.

Note, that these five Orders, viz. that of the Garter in England, that of the Toizon in Flanders, that of St. Michael in France, that of the Annunciation in Savoy (yet to treat of) and this of St. Esprit, are reputed most honourable; and in token of their excelling all other Degrees of Knighthood, are adorned with great Collars.

Knights of the Order of the Genet.

THIS Order (by Favin) is esteemed the first in France, which was instituted about the year of our Lord 726. by Charles Martel high Steward of France, in memory of that famous Battel fought near Tours, where about Three hundred eighty five thousand Sarazens and Moors, together with their General Abdiramo, were slain; and the said Charles to reward those that valiantly behaved themselves in the said Battel, erected this Order of Knighthood, which consisted of Sixteen, to whom he gave Collars of Gold made of a Triple Chain, enterwoven with enameled red Roses, at the end whereof hung a Genet of Gold enameled black and red upon a bank of Flowers fairly enameled. Aubertus Meraeus saith these Knights have other Ensigns belonging unto them; as a Ring after the manner of the Romans, and certain Habits for the Body.

The reason why this Order was so called, was from a great many neat shaped Horses called Genets, of which a great part of the Founders Chivalry was said to consist: But others say it took its name from the great store of Genet Furs taken amongst the Spoils of the Victory. But this Order is now Extinct.

Knights of the Crown Royal amongst the Frizons.

THIS Order was erected by Charles the Great, Son of King Pepin, in Anno 802. for the rewarding and honouring those amongst the Frizons that had valiantly behaved themselves in his Army against the ancient Saxons or Lombards, and to encourage others to acts of Heroick Vertue.

This Order took its name from its Ensign, viz. an Imperial Crown, which these Knights used to wear upon their Breasts. They were invested with a Military Belt and a Box on the Ear.

Knights of our Lady of the Star.

THIS Order was instituted by King Robert in Anno 1022. in honour to the Virgin Mary, but was of no long continuance, being discontinued by King Charles the Seventh, for that it was grown so common by the admitting into the Order persons of no merit. Their Habit was Mantles of white Damask, lined with light carnation Damask, with Surcoats of the same; and on the left side of the Breast of the said Garments was embroidered a Star of Gold; and on their Collar, which was much like that of the Order of the Genet, did hand the figure of a Star. The Ceremony of this Order was on the Nativity of the blessed Virgin, who was their Patroness; and the place where it was kept, was at the House of St. Owen, near St. Denis, in the said Kingdom of France.

Knights of the Thistle of Bourbon.

THIS Order was instituted on New-years-day 1370. by Lewis the Second, Duke of Bourbon, for the corroborating his power and interest for the Aid of Charles Duke of Orleans, and of his two Brothers Philip and Iohn, against the Faction of the House of Burgundy. The set number of these Knights were Six and twenty, of which himself and his Successors, 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: [Page] Their great Collar was of Gold, wrought and enameled with green; at the bottom whereof, in an Oval, hung the figure of their Patroness 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 Cominus & Eminus for his Epigraph; which intimated 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 Surcoats of violet Velvet, over which were Mantles of watchet Velvet lined with carnation Satin; and their Collar was formed of Gold chains, whereto hung the figure of a Porcupine of Gold upon a hillock of Grass and Flowers enamelled.

Knights of the Croissant of Anjou.

RENE Duke of Anjou, King of Ierusalem and Sicily, instituted this Order in the City of Anjou in Anno 1464. in honour of God, the support of the Church, and exaltation 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 Crescent 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 Bretagne.

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 mavie. But this Order expired when the Dukedom of Bretagne became annexed to the Crown of France.

DEGREES OF KNIGHTHOOD IN ITALY.

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Knights of St. Mary the Glorious.

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 exempt from the Publick Charges, moved the Pope to permit them to live in contemplation, and to erect a new Religious Order of Knighthood; which for a sum of Money they obtained. 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 Monasteries, 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, founded 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 belonging 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.

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

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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 several Laws to be observed by the said Fraternity, 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, legitimating 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 Labarum embroidered after the form of the Letter X, with the Letters Ω upon the one Arm of the Cross, and A upon the other.

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 Alexander 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.

Knights of the glorious Virgin Mary of Rome.

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THIS Order took its rise from three Brethren of Spella in Italy, surnamed Petrignanoes, in Anno 1618. and the cause of its institution was for. the advancement of the Romish Church, and the suppressing the Turkish 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. Francis 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 Silver, 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 circle 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 Pattee, Gold, which hangs on a gold Chain. And this Order was chiefly erected for the honouring of some of the Nobles and Persons of Quality in his Territories.

Knights de la Calza in Venice.

THIS Order was instituted about the Year 1400. in honour of the Inauguration 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 particular Obligation by Vow, as those of other Orders are. This Honour is conferred as well by the Duke of Venice, as by the Senate, upon 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 Marce Evangelista meus. And upon removing the Body of St. Mark from Alexandria in Egypt (where he was buried) to this City, which was in the Year 828. This Saint hath been taken for their titular Angel and Guardian; and his Picture was anciently painted upon 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 precious Blood of our Saviour Iesus 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 Nuptial of Francisco, eldest Son to Vicentio de Gonzaga, fourth Duke of Mantua; this Order was instituted about the Year 1608. and consisted of twenty Knights, of which the [Page] 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 slashing 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 standing 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 Florence.

COSMO Duke of Florence and Sienna, having settled his Government, and living in a peaceable E [...]ate, in Anno 1561. erected 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 Pirates.

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.

IEwis K. of Hungary being resolved to revenge the death of his Brother Andrew, whom Ioan Q. of Naples, wife of the said Andrew, had caused to be strangled, undertook an Expedition to Italy, and much harassed her Kingdom; but after a 3 years War, in A. 1351. they came to an Agreement, and shortly after (with the consent of Pope Clement the Sixth) the Queen and Lewis Prince of Tarentum were crowned King and Queen of that Kingdom: And in commemoration of so happy a Union, the Prince instituted this Order, into which were enrolled Seventy of the noblest Lords in Naples, together with some Strangers.

Their Habit appointed them was a white Garment; and their Ensign was a Knot intermixed with Gold. But this Order expired soon after the death of the Founder.

Knights of the Argonauts of St. Nicholas in Naples.

THIS Order was instituted in Anno 1382. by Charles the Third, King of Naples, for the advancement of Navigation, which was much wanting amongst the Neopolitans; but others say it was erected for the preserving of Amity amongst the Nobles, who were the Persons that were inve [...]ed with the said Honour. Their Ensign appointed them by the said King was a Ship to [...]ed in a Storm, with this Motto, Non credo tempori. Their Habit was a white Garment; and their great Feast was held in the Convent of that stately Church built by St. Nicholas Bishop of Smyrna. But by reason of the King's not settling a Revenue thereon, upon his death it became disused.

Knights of the Ermyn in Naples.

FErdinand the First, King of Naples, having ended the War which he had against Iohn of Lorain Duke of Calabria; his Brother in Law Marinus Marcianus, Duke of Sessa, and Prince of Rosiano, had raised a Confederacy against him, and intended to kill him when they were together, by which means the Kingdom might be transferred to the Duke of Calabria: But this Plot being discovered, and the Duke apprehended, instead of causing him to be executed, the King elected him one of this Order, and also admitted thereunto all the Nobles of his Kingdom. The Collar, with which they were invested, was of Gold intermixed with mud or dirt, to which hung an Ermyn, with this Motto, Malo mori quam foedari.

DEGREES OF KNIGHTHOOD IN SAVOY.

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Knights of the Annunciation.

THIS Order was instituted in the Year 1362. by Amedeo the Sixth, Earl of Savoy, Surnamed Il Verde, in memory of Amedeo the first Earl thereof, who having valorously defended the Isle of Rhodes against the Turks, won those Arms which are now born by the Dukes of Savoy, viz. Gules, a Cross Argent. The Collar belonging to this Order is of Gold, on which are these Letters Engraven, F. E. R. T. which signifie Fortitudo ejus Rhodum tenuit; and to this Collar hangeth a Tablet, wherein is the figure of the Annunciation, which is their daily Badge which they wear about their Shoulders.

This Order at first consisted of Fifteen, of which the Founder was the Sovereign; which number was afterwards enlarged. The Church where the Ceremonies were observed, and the Chapters held by the Sovereign and the Knights, was first at Pierre Chastle, which afterwards removed to Montmeillar, and thence to the Hermitage of Camaldule, seated upon the Mountain of of Turin.

Their Habit is now a purple Mantle seeded with Roses and Flames in embroidery of Gold and Silver, bordered with the Symbols of the Order, fringed with Gold, and lined with Cloth of Silver, and tissued blew; under which, instead of a Surcoat, is worn a white Satin Suit embroidered with Silk, and the Breeches like Trouses half way their Thighs.

In the said Church were entertained Fifteen Priests, who were to say Fifteen Masses daily to the honour of the fifteen Joyes of the blessed Virgin, to the Souls health of him, his Predecessors, and all who have been, were, or should hereafter be Knights of this Order.

Amongst the Orders by them observed, every Knight at his death was to give to the maintenance of the Church One hundred Florins, which was to be paid to the [Page] Prior for the time being. That at the death of any of the Knights, the rest should assemble themselves to bury the dead in an honourable order, and every Knight to wear a white Gown, and so make his Offering; each bringing with him four Wax Torches weighing One hundred pound, and afterwards for Nine days to apparel themselves in mourning: And that every Knight at his burial should give unto the Church a Collar, a Banner, his Armour and Coat of Arms; all which to be offered at the day of Entertainment at the Church in memory of the deceased.

Knights of St. Maurice.

AMadis the eighth Duke of Savoy, with ten of his Court Knights, retired themselves to the Desart of Ripaille, near the Lake of Geneva, where they led a Solitary and Hermetical Life. And in the Year 1434. as well to honour St. Maurice the titular Saint and Patron of Savoy, as of his Launce or Sword and Ring, which as a Pledge of Dominion are delivered to them with great Solemnity at their Inauguration: This Order was instituted, and was made subject to the Rule of St. Augustine. The Habit assigned them was an Ash-colour or grey Gown and Chaperon, with Sleeves faced with red Chamlet; also a Vest of the same girded about them with a golden Girdle, and on the Breast of the Mantle a white Cross pommette of Cloth or Taffaty.

About Nine years after (the Papal See being void by the Deposition of Pope Eugenius the Fourth) this Duke for his devout Life was elected Pope [...] which, with much perswasions he accepted of: But he had not been in it above Nine years, but he resigned the Chair to Pope Nicholas the Fourth, and retired again to a Solitary Life at Ripaille, where he ended his days in Anno 1451. and was interred in the Cathedral of Lausanna.

Knights of St. Maurice and St. Lazarus.

THese two Orders were erected by Emanuel Philibert, Duke of Savoy, in Anno 1572. and at the request of the said Duke were confirmed and united into one Order by Pope Gregory the Thirteenth, who constituted the said Duke and his Successors Dukes of Savoy Grand Masters thereof, obliging them to set out two Gallies for the Service of the Papal See against the Turkish Pirats.

Their Ensign is a green Cross of St. Lazarus, charged with a white Cross of St. Maurice, which they wear either tied to a gold Chain or a Ribon. Their Habit is a Gown of crimson Tabby, with a long Train, wide Sleeves, and edged about with white Taffaty, and a Cordon with a Tassel of white and green fixt to the Collar thereof.

A DEGREE OF KNIGHTHOOD IN SWITZERLAND, CALLED Knights of the Bear.

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THE Emperor Frederick the Second going in Pilgrimage to the Abbey of St. Gall in Anno 1213. gave great Priviledges in acknowledgment of their Assistance in pulling down the Emperor Otho, and establishing himself, and erected this Order 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 receive the Order from the Abbot, the Patron thereof; on which day such as were to be admitted into the Fraternity, were girded 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 Legion, who was martyred before the Temple of the Sun at Soleurre in Switzerland.

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 Commonwealth, this Order was laid aside.

DEGREES OF KNIGHTHOOD IN GERMANY.

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Knights of the Tutonick Order of Prusia.

THE first Institutor of this Order was a wealthy Gentleman of Germany, who dwelt at Ierusalem after it was taken by the Christians, together with divers other men of his Country; and being exceeding 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 Master for their Governor (which was about the Year of our Lord 1190.) they imitated the Knights Templars in their Military Employments, 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 Mantle, and on the Breast thereof for their Ensign 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 Emperor 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 Condition, that whatsoever they took should be theirs for the maintenance of the said Order; [Page] which request being so reasonable was immediately granted them, and con [...]irmed under his Scal: And being thus encouraged, 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 conquered 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 belongeth so great Riches, that these Knights, for Men and Money, might compare with divers Princes: But about the Year 1525. Albertus Brandenburgh being Great Master, he renounced this Order, and became feudatory to Sigismond the First, King of Poland, who raised Prusia into a Dukedom, and this Albert was made first Duke thereof. But some of the Knights did afterwards 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 Gentlemen. Their Habit was a white Gown, whereon they wore a black Patriarchal Cross set on a green Hillock; and they followed the Rule of St. Augustine.

Knights of St. George in Austria and Carinthia.

THIS Order was erected (in Anno 1470.) by Frederick the Third, Emperor of Germany, principally for the guarding the Frontiers of Germany, Austria, Carinthia, Stiria, and Hungary against the Incursions of the Turks, who before much harassed these parts: But since the Institution 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 Mildstad 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 Sfortia, 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 Countries; 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 Ribon 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 Dragon under his Feet: And on the left side of their white Mantles was a Cross embroidered 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.

Knights of St. Anthony in Hainolt.

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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.

Knights of the Tusin Order in Bohemia or Austria.

THIS Order (as 'tis said) was instituted by the Arch-Dukes of Austria, for the engaging their Subjects to expel the Turks and Hereticks out of their Territories, which for about Two hundred years had there seated themselves; which cost the Dukes an excessive Charge to maintain a War against them, and to no great purpose. But these Knights having by Grant for their support what they gained from them, gave them so great Encouragement, that in a few years the whole Province was almost cleared of them by them.

Their Habit was a red, and their Ensign was a plain green Cross.

Knights of St. Hubert in Gulick or Juliers.

THIS Order was instituted in Anno 1473. by Gerard Duke of Gulick and Berg, or Iuliers and Mount, in honour of St. Hubert Bishop of Liege, who died in the year of our Lord 727. As to their Habit and Ensign, I have met with no account thereof.

Knights of the Order of St. James in Holland.

THIS Order received its institution in the Year 1290. from Florentius Earl of Holland and Zealand, who (in his Palace at the Hague) in honour of St. Iames created Twelve of his principal Nobles Knights of this Order, whom he invested with Collars of Gold, or Military Belts of Silver and Gilt, adorned with six Escallops, to which hung the figure of St. Iames the Apostle.

DEGREES OF KNIGHTHOOD IN SWEDEN.

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Knights of the Brician Order.

THIS Order was erected in the Year of our Lord 1366. by the famous Queen Bridget, who for her holy Life was styled and enrolled a Saint; and out of her zeal for the honour of Jesus Christ, the defence of the Christian Religion, the securing the Confines of her Kingdom, the succouring Widows and Fatherless, and the maintenance of Hospitality, endowed this Order with a considerable Revenue.

This Order was approved of by Pope Vrban the Fifth, who gave them the Rule of St. Augustine: And their Ensign was a blew Cross of eight points, and under it a Tongue of Fire.

Knights of the Seraphins.

THIS Order was instituted in Anno 1334. by Magnus the Fourth, King of Sweden, in memorial of the Siege laid to the chief City of Vpsala. The Collar assigned to this Order was composed of Patriarchal Crosses of Gold, and of Seraphins of Gold, enameled red; and at the end thereof hung the figure of our Saviour, or of the Virgin Mary.

Knights of Amaranta.

THIS Order was instituted about the Year 1645. by Christiana Queen of Sweden, in honour of a Lady named Amaranta, [Page] celebrated for her Charity, Modesty, Beauty and Courage. And by their Oath they were to defend and protect the person of the Queen, as also the persons of their Fellow Brothers from harm: To his power to advance Piety, Virtue, and Justice, and to discountenance Injury and Vice.

Their Ensign is a Jewel of Gold, composed of two great A A, one being reversed; enriched on both sides with Diamonds, and set within a wreath of Laurel Leaves, banded about with white, whereon is this Motto, Dolce nella memoria: And this Badge they wear either hanging at a gold Chain, or a crimson or blew Ribon, which they please.

Here is another Order of Knighthood in this Kingdom of Sweden, called of the Sword and Military Belt, whose Collar consisted of Swords and Belts conjoyned; but by whom and when Instituted, I am ignorant of.

KNIGHTS OF THE Order of the Elephant IN DENMARK.

KING Christian the First of Denmark, upon a Religious account travelled to Rome; and amongst other Honours, Pope Sixtus the Fourth, in memory of the Passion of our Saviour, invested him with this Order, and ordained him and his Successors, Kings of Denmark, Chief and Supream of the said Order; which was conferred on the Danish Princes, as a memorial to incite them to defend the Christian Religion against the Moors and A [...]ricans.

These Knights were obliged to perform Acts of Piety and Charity, with certain Ceremonies to be observed, especially upon those days on which they wore the Ensign of their Order, which was the figure of an Elephant, on whose side, within a rundle, was represented a Crown of Thorns with three bloody Nails.

Instead of their golden Collar formerly won by them, they now wear about them a blew Ribon, to which hangs an Elephant enameled white, and beautified with five large Diamonds set in the midst.

On the day of the Coronation of the King's of Denmark this Order hath been commonly conferred upon the Nobles and most deserving Senators of his Kingdom.

DEGREES OF KNIGHTHOOD IN POLAND.

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Knights of Christ, or of the Sword-bearers in Livonia.

THIS Order was instituted by Albert Bishop of Livonia, about the Year of our Lord 1200. for the propagation of the Christian Religion in those Parts, in imitation of the Knights Teutonicks in Prusia, to which Order they were united about the Year 1237. and submitted themselves to their Rule and Habit; by whose assistance they subdued the Idolatrous Livonians, and brought them to embrace the Christian Faith. But in the Year 1561. Gothard de Ketler, then Great Master in the Castle of Riga, surrendred to the use of Sigismond the Second, King of Poland, Surnamed Augustus, all the Lands belonging to this Order; together with the Seal of the Order, his Cross, the Keys of the City and Castle of Riga, the Charters and Grants of the several Popes and Emperors which concerned the same; the priviledge of Coynage, and all other matters concerning the same; upon which the said Great Master received back from the said King's Commissioners the Dukedom of Curland, to be enjoyed by him and his Heirs for ever; upon which this Order became extinguished.

Knights of the white Eagle.

THIS Order was erected by Ladislaus the Fifth, King of Poland, for the further honouring the Marriage of his Son Casimire the Great with Anne Daughter of Gerdimir Duke of Lithuania, in Anno 1325. and for their Ensign had a white Eagle crowned.

KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY.

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THIS Order was instituted in the Year 1418. by Sigismund the Emperor, Surnamed the Glorious, for the Defence of the Christian Religion, and the suppressing the Schismaticks and Hereticks, which he had been victorious over in many Battels.

Their Ensign, which they daily wore, was a green Cross flory; on Festival days they wore a scarlet Cloak, and on their Mantle of green Silk a double gold Chain, or a green Ribon, to which hung the figure of a Dragon, dead, with broken Wings, and enameled with variety of colours. But although this Order was of high esteem for a time, yet it almost expired with the death of the Founders.

Knights of the Order of the Sword in Cyprus.

GVY of Lusignan soon after his possession (as King) of the Isle of Cyprus, which he had bought of Richard the First, King of England, for One hundred thousand Crowns of Gold, in Anno 1195. erected this Order in Commemoration of so good and fortunate a Plantation for Fifteen thousand Persons, which he had brought thither with him.

The Collar of this Order was composed of round Cordons of white Silk woven in Love-knots, and interlaced with the Letters S. and R. To this Collar hung an Oval of Gold, wherein was enameled a Sword, the Blade Silver, and the Hilt Gold, and about the Oval was this Motto, Securitas Regni.

This Honour of Knighthood the said King (who was Great Master) conferred on his Brother Amaury Constable of Ierusalem and Cyprus, and on Three hundred Barons which he had created in this his new Kingdom: But when the Turks became Masters of the Isle, this Order ceased.

KNIGHTS OF Saint Anthony IN AETHIOPIA.

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ABout the Year of our Lord 370. Iohn Emperor of AEthiopia (vulgarly called Prester Iohn) erected into a Religious Order of Knighthood certain Monks, who lived an austere and solitary Life in the Desert, after the Example of St. Anthony the Hermit, and Patron of this Empire, and bestowed upon these Knights great Revenues and many Priviledges. And thus being instituted, they received the Rule of St. Basil, submitted to his Constitutions, wore a black Garment, and for their Ensign a blew Cross in form of the Letter T.

Their chief Seat was in the Isle of Meroe, where the Abbots both Spiritual and Temporal resided; but in many other parts of AEthiopia they have or had great store of Monasteries and Convents, with about two Millions of yearly Revenue.

These Knights vow to defend the Christian Religion; to yield Obedience to their Superiors; to observe Conjugal Chastity; not to Marry, or receive any other holy Orders without licence first obtained from the Abbot; to guard the Confines of the Empire; and to go to War when and where they are commanded.

Into this Order the eldest Sons of Noblemen or Gentlemen cannot be admitted, but the second Sons may: And if a man of any degree whatsoever (except a Physician) have three Sons, he is bound to enter one of them into this Order.

Knights of the Burgundian Cross in Tunis.

MVlleasses King of Tunis, who was driven out of his Kingdom by Barbarossa, that noted Pirate, was again (in Anno 1535.) restored thereunto by the assistance of Charles the Fifth, Emperor of Germany, and King of Spain. And being desirous to gain the love of all those that had served in that War, did (as a reward) confer this honour of Knighood upon all those Commanders that valiantly behaved themselves in his Service. The Ensign that he assigned them was the Burgundian Cross, to which was added a Steel striking Sparks of Fire out of Flint, with this Inscription, BARBARIA; which third Badge hung to a Collar of Gold.

KNIGHTS OF THE West-Indies.

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PErsons that performed valiant Acts in War were by the Mexicans advanced to Honour, and had sundry Priviledges granted them; insomuch that their chief Nobility sprang from the Camp. And Montezuma was so high a Favourer of Knighthood, that he ordained divers Orders, which he distinguished by several Ensigns.

The principal Degree of these Knights were those that had the crown of their Hair tied with a small red Ribon, with a rich Plume of Feathers, from which hung so many Branches and Rolls of Feathers upon their Shoulders, as they had performed worthy Exploits in War. And these were termed Eagle Knights, of which Order the King was the Supream.

The Order of the Knights of the Lions and Tigers were the most valiant in War, and always bore with them their Badges and Armorial Ensigns, and went to the War (as did the Eagle Knights) armed Cap-a-pe.

The Order of the Grey Knights had their Hair cut round about their Ears, were not so much honoured as the former, and when they went to Wars, were armed but to the middle.

All these Degrees of Knights had their Apartments in the King's Palace, which were distinguished by their several Ensigns: And amongst the honourable Priviledges that they enjoyed, they might carry Gold and Silver, wear rich Cotton, and Shoes after their fashion, and use painted and guilt Vessels; all which were prohibited the common people.

The Order of Knighthood of the Blood Royal in Peru were of great esteem for their approved Valour; for before they could be admitted into the said Degree, their Manhood was sufficiently tried; as in managing the Dart, Lance, and other Military Exercises; also in Leaping, Wrestling, Running, Shooting, &c. in all which if they were not very expert, they were thought unworthy to receive so great an Honour: But being found worthy to be admitted, divers Ceremonies were used at their Creation; as putting on them fine Shoes and Breeches; boreing of holes in their Ears; giving them an Ax; and adorning their Heads with Flowers, &c. all which was forbidden the common people.

And the Peruvian Lords at their solemn Feasts at Cusco used to dedicate their Children to Honour, adorning them with Ensigns, making holes in their Ears, and anoynting their Faces with Blood, in token that they should be true Knights to the Ingua.

The Knights of Cinaloa, which is a Province near New Mexico, were created by giving them a Bow, and ordering them to encounter a Lion, or some other savage Beast, which if they slew, they were received into favour and Honour.

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The Rt. Honourble. Henry Coventry Esq his matys. principall Secretary of State &ca. son t [...] the Rt. Honourble. Thomas Lord Coventry Lord Keeper of ye. Great Seale of England:

The Honourble. Iohn Hervey of Ickworth in Suffolke Esq. [...] Treasurer to ye. Queens maty.:

The honble. William Ashburnham of Ashburnham in ye. County of Sussex Esq. Cofferer to his maty. King Charles the 2d.

William Wharton Esq. Fourth son to y [...]e. Rt. honble. Phillip Lord Wharton of Wharton in Westmoreland by Ann Daughter to [...] [...]am Carr of Fernihast in Scotland Esq. [...] of ye. Groomes of ye. Bedchamber to King Iames.

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SAMVEL GRANT of Crundall in Hantshire Esq. one of the society of ye Inner Temple London Esq.

[...]ender Molesworth of Spring Garden in ye parish of St. Katherines in ye Island of Jamaica Esq. one of his matys. Councell [...] ye Sd. Isle second son of Hender Molesworth of Pencarrow in Cornwall Es [...]abque; who was lineally descended from Sr. Walter de Molesworth of Northamptonshire who flourished in Marshall proess in ye dayes of King Edw. ye first & went wth. him to ye holy warrs.

GEORGE LEGGE Esq. Governor of [...]ortsmouth master of ye Horse to his Royall Highness Iames Duke of Yorke Leiutenant of his matys. Forest of Alce holt & Woolmer in Hantshire & one of ye Deputy Leiutenant of ye Sd. County Comander of his matys. Shipp ye [...]yall Katherine & one of ye principall Officers of his matys. Ordnance.

THOMAS FEJLD of Stanstead Bury in the County of Hertford Esq now maried to Mary eldest daughter of Sr. Thomas Byde of Ware park in ye Said County Kt.

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Humfrey Wi [...]ley of the J [...]ter T [...]mpl [...] Esq one of the Prothonotar [...]s of his maties. Court of Common [...]lea [...] at Westminster fift son of Humfrey W [...]rley Esq of H [...]msted hall in ye County of Stafford by Knightley his Wife

[...]OGER TW [...]SDEN Esq eldest son of S• Thomas Twisden of Bradborne in th [...] parish of East Malling in Kent Kt. & Ba [...] one of ye Justices of his matys. Court of Kings Bench

EDWARD THVRLAND Esq only son of Sr. Edward Thurland of R [...]ygate in ye County of Surrey Kt. one of the Barons of his matys. Court of Exchequer.

EDWARD ROBERTS of the Citty of Dublin in ye Kingdome of Ireland Esq now Maried to Alce daughter of Edw: Chute of Surrendē in ye Weld of Kent Esq

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[...] much Honoured Daniel Fleming of [...] in Cumberland & of Rydal hall in [...] and Esq of which family & Surname there [...] Lords of ye. maner of B [...]ckermet of [...] b [...]en Kts. & all ye. rest (that then wedd [...]d) [...] ye. Daughters of Baronets [...] or Knigh [...]

[...]ill Skelton (eldest sonn of Sr. Iohn Skelton [...] Leiutenant Gouernor of Plimouth) who wa [...] [...] of Honor to his maty. in his, exile & now [...] ye [...]oomes of [...] Bedchamber [...] & Captaine in his Foot Guards.

[...] Mariet of Whitchurch in Warwickshire, & of [...] Pr [...]ston in Glocestershire Esq maried one of th [...] [...] and h [...]yr [...]s of Sr. Richard Brawn [...] of [...] in the said County of Glocester Knight.

Walter Chetwynd of Ingestre in ye. County of Stafford Esq

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Samuel Pepys of Brampton in Huntin [...]tonshire Esq Secretary of ye Admiralty his maty. King Charles ye Second. Descende [...] of ye antient family of Pepys of Cottenham in Cambridg [...]

[...]hn Georges of Bawton in Glocestershire Esq a member of the Honourable house of Comons for this present Parliament 1677 descended the antient and Worthy family of the Georges of Cicester in the said County.

Iohn Butler D. D. Chaplain in ordinary to his [...] King Charles the 2d. and Canon of Windsor, mar [...] Susanna one of the daughters of Sr. Edward Thomas of Lamihangle in Glamorganshire Bart.

[...]ptaine Iohn Loggan of Idbury in Oxfordshir [...] and of Bassetsbury in Com [...] Bucks, Maried Mary Sole Daughter and heire of Hugh D [...]rrell of Millend in the said County of Buckingha [...] Gent.

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Henry Pilkington of Stanton in the County of Derby Esqr.

George Bowen Esqr. lineally descended from and present heire unto the antient family of ye Bowens of Courthouse in ye seigniory of Gower in Glomorganshire.

Henry Gilbert son and heyre of Henry Gilbert of Lockoe in Derbyshire Esqr. by Elizabeth daughter and Coeheyre of Sr. Iohn Barnard of Abington in Northamptonshire Knight.

Iohn Colwall of the Inner Temple London Esqr.

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Samuel Sanders son & heyre apparent of Thomas Sanders of Ireton in Derbyshire Esqr. which maried Margaret daughter and Coeheyre of Evers Armyne of Osgodby in ye County of Lincolne Esqr.

Richard Goodlad of the Citty of London Esqr.

Lewis Inkledon of Buckland in ye Parish of Branton in ye County of Devon Esqr.

Thomas Rawlins of Langarran in the County of Hereford Esqr.

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Colonell Titus of Bushy in the County of Her [...]ford, one of the Groomes of his matys. Bedchamber &c.

Tho [...] Dereham Esq of ye antient family of Dereham at Dereham in Norfolk, Servant to his Majesty King Charles the 2d.

E [...]an Seq [...] of Boverton in the County of Gla [...]morgan sergeant at Law, of which Coat and family see more in the body of the Booke Section 6. Chapter [...].

[...]ndrew Lant of Thorp: vnderwood alias Thorp Bill [...] in Northamptonshire Esq son of Robert Lant of London Merchant by Elizabeth Daughter & heyre of Rich: Andrews of Thorp: vnderwoo [...] [...]resaid Gent. which said Andrew Lant is now maried to Iudith [...] [...] daughter of Will Vannam of London Esq

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Iohn Darnall of the Middle Temple London Esqr. now maried to Mary daughter of William Bacon of St. Clements Danes in Middlesex Esqr.

Gabriel Armiger of North Creak [...] in the County of Norfolk, and of the Inner Temple London Esq•

William Dutton Colt Esqr son of George Colt of Colt Hall in Suffolk Esqr by Elizabeth daughter and Coheyre of Iohn Dutton of Sherbourn in Glocestershire Esqr. which said William is now maried to Lucy sole daughter of Thomas Webb of— in Kent Esqr.

Randolph Egerton of Betley in Staffordshire Esqr. first Leivtenant and Major of his Mat•s. owne Troop of Guards under the comand of his grace Iames Duke of Monmouth first maried to Penelope daughter of the Rt. honble. Rob: viscount Kilmurrey of the Kingdome of Ireland, and now to Eiliz [...]aughter and heyre of Henry Murrey Esqr one of the Gent of his Matis. Bedchamber to K. Charles ye first by Ann now viscountess Banning.

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Iohn Wildman of Beaucot alias Becket in the County of Berks Esqr.

Nathan Knight of Ruscombe in Berkshire Esqr intermariat [...] th. Margaret Eldest daughter and Coheire of William Stroode of Ruscombe Aforesaid Esqr.

William Petyt of ye Inner T [...]mple London Esqr: and Silvester Petyt Gen [...] Brother to ye Sd. Wm. desc [...]nde [...] (by Gilbert a Younger sonn of Sr. Iohn Petyt [...] From [...] Antient family of that name who were Lords of Ardever in Cornwall. tempore H. [...].

Iohn Lamphigh of Lamplugh in Cumberland Esqr. Collonell of a foot Regiment at Marston Moore in Yorkshire under the Command of his High [...]ness Prince Rupert of wch. Family see more in the body of the Booke [...] section 2d. Chapt: [...].

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Thomas Burton of the City of London Esq

Thomas Madden of ye Inner Temple London Es [...] des [...]ended of ye. Maddens Formerly of Muddenton in Mil [...]shire who are now seated at Rousky Castle in [...] County of Fermanaugh in ye Kingdome of [...].

Godwin Swift of Gooderidge in the County of Hereford Esq one of the society of Gra [...]s Inn descend of ye Family of ye. Swists of York-shire

Henry Ra [...]sford B. D and Rector of Stanmo [...]e Magna in ye County of Midd: Maried Mary one of ye. Daughters of Iohn Montfort of Jewing in ye. County of Hartford D. D. & Residentiary of St Pauls London

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Nathaniel Stoughton of St. Iohns near Warwick in Warwick shire Esq lineally descended from the antient family of the St [...]ughtons of Stoughton in Surrey; now maried to Ann daughter and heyre of Will. Brough, late Deane of Glocester deceased, of this family see more in ye body of ye booke Section 6. Chap 1.

Capt. Iohn Clifford of Frampton upon Severne in Glocestershire; whose family have there continued ever since the Reigne of Will: the Conqueror, takeing its rise from Puntins a noble man of Normandy who came into England with ye said Will, whose second sonn Osbert held ye said Frampton, and from whom, for want of issue it descended to Walter de Clifford ye predecessor of ye said Iohn. of wch. Coate and family see more in the body of ye booke section 5. Chapter 4.

Richard Booth of the Citty of London Esqr. descended from the Booth's of Witton in Warwickshire. now maried to Elizabeth daughter of Iohn Hopcroft Cittizen of London.

Thomas Stephens Esqr, only son and heyre of S. Tho. Stephens of little Sodbury in Glocestershire Kt, now liveing, whose Grandfather Tho: Stephens was Attourney Generall to Prince Hen [...] and after his decease to K. Charles ye first when Prince of Wales, in wch service he dyed of this family see more in the body of the booke section 3. chap. 20.

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William Iollife of Carswall Castle in Stafford shire Esqr. who first maried Martha eldest daughter of Thomas Foley of Witley Court in Worcestershire Esqr, and now the Lady Mary Hastings daughter of ye Rt. honbl•. Ferdinando late Earle of Huntington

Henry Arthington of Arthington in the west Rideing of York shire Esq [...]

Thomas Modyford of Easttuar in the County of Kent Esqr [...] Collonell of a Regiment of Foot at Port Royall in the Island of Iamaica, sonn and heyre of Sr. Tho. Modyford Bart. late Governor of the Sd. Island.

Erasmus Smith alias Her [...] of St. Iones in ye parish of Clarkenwell in Midd Esqr. sonn of Sr. Roger Smith of Edmonthorp in Leicestershire Kt. dec [...]ased descended from ye antient family of ye Smiths of Withcock in ye s•. County [...] c [...]. S•. Erasmus is now maried to Mary daughter of Hugh Hare Baron of Cole [...] in Ireland [...] ye Lady Lucy Mountague daughter of Hen: Earle o [...] [...]chester Ld [...]

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Coll: Robert Werden of Chester, Comptroler to his Royall Highness Iames Duke of York, and first Leiutenant, and Major of his Guards, first maried to Iane daughter of Edw: Barnham of Cock hall, in Kent Esqr, and now to Margaret daughter and heyre of Will. Towse of Bassingburn hall in Essex Esq.

Humphrey Weld of Lulworth Castle in Dorsetshire Esqr Governor of his Ma•ys. Isle and Castles of Portland and Sandes foot, lineally desended from Edricke Sylvaticus alias Wild [...] a Saxon of great renowne in the reignes of K. Herold, and Will. ye Conqueror [...]whose father Alfrick was brother to Edricke of Stratton Duke of Mercia [...] wch sd. Humprey is now Maried to Clara daughter of ye Rt. Hon• Th [...] Ld. Arundel of Warden Court of the Empire

Col [...]. Thomas Sackevile of Selscombe in Sussex, a Person of great Loyalty, being one that served his late maty. in all his expeditions, and was one of the Captaines of his life guards, in the begining of the late warrs. He is now maried to Margaret daughter of [...] Henry Compton of Brambletye in Sussex K•. of the Bath and Uncle to the late Earle of Northampton.

Phillip Doughty of Eashere in the County of Surrey Esq descended from an English Saxon family of ye. Dohags who were here Sealed before ye Conguest.

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Skynner Byde Esqr. eldest sonn of Sr. Thomas Byde of Ware Park in the County of Hertford Knight, now maried to Anne daughter of Tho Austen of Hoxton in Middlesex Esqr.

Captaine Iohn Huitson of Cl [...]asbey in the County of York, one of the Captaines of the Couldstrem Regiment of foot guards to his maty. King Charles the second, now maried to Martha daughter of Sr. William-Cooper of Ratling Court in Kent Baronet.

Thomas Tomlins of St. Leonards Bromley in Midd.sx Esqr first maried to Ann daughter of Captaine Will: Goodladd of Lee in Essex 2dly. to Eliz: daughter of Ric: Swinglehurst of London Merchant, 3dly. to Eliz: daughter of Reynolds of East Grenwich in Kent Esqr & now to Susanna daughter of Geo: Cranmer of Canterbury in Kent aforesd Merchant.

Nicholas Barbon of London M.D. one of the Colledge of Phisitians of the S•. Citty. now maried to Margaret daughter of Iohn Hayes of Hadley in Middsx. Esqr.

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Beaumont Dixie of Bosworth in the County of Leicester Esqsr. sonn and heyre of Sr. Wolstan Dixie of Bosworth aforesaid Bart. now maried to Mary sister and heyre to Sr. William Willoughby of Willoughby in Nottinghamshire Bart. deceased.

Richard Winwood of Ditton Park and Quainton in the County of Bucks Esqsr [...] sonn and heyre of the Rt. honble. Sr. Ralph Winwood Knight [...] Embassador Ledger to [...]he States of the united Provinces, and principall secretary of state to King Iames.

Edward Peck of Samford Hall in the County of Essex sergeant [...] Law to his maty. King Charles ye 2•. sonn and heyre of Will Peck of Met [...]old in the County of Norfolk Esqsr. and interm [...]ried w•. Gra [...]e one of ye daug [...]ers [...]d Coheyr̄s of Will Green of East Barnet in Hartfordshire Esqs•.

William Peck of Samford hall in the County of Essex Esqs•. sonn and [...]eyre of Edw. Peck sergeant at Law and is now maried to Gartrude sole daughter and heyre of Sr. Will [...] Gr [...]en of Mitcham in the County of Surry Bart.

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Iustinian Pagit of Grais Inn in Com Middz Esqss. Cristos Br [...]ium et Recordorum Banco Regis.

Ioseph Micklethwaite of Swyne in Holderness in the County of York' Esqss

William Mountagu Esqss. (son & heyre to ye honble William Mountagu Lord cheife Baron of his matys Court of Exchequer) maried to Ann Sole daugh [...] [...] heyre of Ric: Evelyn of Woodcot in ye County of Surrey [...] Esqss.

Thomas Robinson of ye Inner Temple Londo [...] Esqss. cheife Prothonotary of his matys. Court of Comon Pleas.

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Francis Diue of Bromham in ye County of Bedford Esq son & heirè of Sr Lewis Diue of ye said place Kt. now maried to Theophila Daughter of the Right Reverend Father in God Iohn Hackett late Lord Bishop of Litchfeild and Couentry.

Owen Feltham of Greys Inn in ye. County of Middlesex Esq r now maried to Mary one of ye. Daughters & Coheires of Alexander Portree of Barnsta [...]le in Devonshire Esq [...]

Francis Wythens of Eltham in the County of Kent Esq, one of ye. society of the Middle Temple London.

Iames Hoare of Edmonton in the County of Middlesex Esq and one of ye society of ye. Middle Temple London.

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Thomas Foley of Kidderminster in Worcestersh: Esq eldest son of Thomas Foley of Witley Court in Worcestersh: Esq now maried to Elizabeth Daughter of Edward Ash of Halsted in ye County of Kent Esq.

Paul Foley of Stoak [...] Court in the County of Hereford Esq. second sonn of Tho: Foley of Witley Court in Worcester shire now maried to Mary daughter of Iohn Lane of ye. Citty of London Esq.

Phillip Foley of Prestwood in the County of Stafford Esq third son of Tho: Foley of Witley Court in Worcestershire Esq now maried to Penelope daughter of ye Rt. Honrb. Wm. Ld. Pagett Baron of Bea [...]desert.

Tollemach Duke of Lincolns Inn in Middlesex Esq, Exigenter for London &ct. in ye Court of Common pleas, sonn & heyre of Dr. Edward Duke of Honingtō. in Suffolk, by Eliz: his wife onely daughter of Robert 2d son of Sr. Lionel Tollemach of Bently & Helmingham in ye Sd. County [...]ar•: linealy descended in a direct male line from ye. antient family of ye Dukes of Brampton & Shadingfeild in ye Sd. Coun [...]y of late Barts.

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Thoma [...] Walker of y• Inner Temple London Esqss som time Comptroller of y• S•. society. son of Thomas Walker of Warwic [...] shire Esqss. who is descended from an antient family of that name in Leicestershire wch. Sd. Tho: (ye bearer hereof) is now maried to Elizabeth daughter & Cohey [...]e of Hoo Games of Newton in Brecknockshir Esqs•. of wch. Sd. familys see more in ye body of th [...] Book S [...]ction chapter.

Iohn Bennet of [...]bington in the County of Cambridge Esqss.

Iohn Lewkenor of West Deane in Sussex Esqss son and heyre of Sr. Iohn Lewkenor Kt. of y• Bath deceased. by Ann daughter and Coheyre of George Myn of Myn in Shropshir Esqss decended from the antient family of the Lewke [...]ors.

Thomas Coxe M.D. Physitian in ordinary to his maty. King Charles the 2d.

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William Thompson of the Middle Temple London Esq no [...] maried to Mary Sole daughter of Iohn Stephens of Broadway in Worcestershire Gent.

William Atwood of Bromfeild in Essex and Grais: Inn in Middlesex Esq son and heyre of Iohn Atwood Esq desceased by Elizabeth daughter and Coheyre of Patrick Young Esq son of Sr. Peter Young K•. Abnoner, and privy Councellor of Scotland to King Iames.

Thoma [...] Plott Esq secretary to his Highness the Great Duke of Tuscany: descended of the family of the Plotts of Sparsholt in Berkshire.

Iohn Warner of Brakent waite in the Parish of Kirkby [...] overblow in the i [...]est rideing of Yorkshire Esq lineally descended from the Warners of Warner hall in the County of Essex.

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Humphrey Borlase of Treluddro in the County of Cornwall Esqr.

Anthony Keck of The Inner Temple London Esqr.

Iacob Lucie of the Citty of London Esqr. now maried to Mary daughter of Iohn Sr. Iohn of Coldoverton in ye County of Leicester Esqr.

Richard Peirce of the Citty of London Esqr.

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Roger Iames of Riegate in Surrey Esqr. of y• antient family of Haestract in Holland, from whom are Descended ye severall familys of ye Iames of Surrey [...] Kent. Middlesex. & Essex. wk. Sd. Roger is n [...]w maried to Elizabeth Daughter of Sr. Anthony Ancher of Bishops bo [...]h in Kent Kt. deceased

Charles Beauvoir of ye Citty of London Esqr. Des [...]nded from the Family of ye Beauvoir of ye Island of Garnsey

Iohn Evance of the Citty [...] of [...] London Esqr.

Valentine Crome of Mayden [...] Early in Berk [...]shire Esqr. descended from ye antient family of Lewis in Yorkshire.

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Thomas Windham of Tale in Devonshire Esq one of the Grooms of his matys [...] Bedchamber; third son of Sr. Edmond Windham of Cathanger in Somerset shire [...] Kt Marshall of his matys [...] most honble. household and lineally descended of the antient family of the Windhams of Crown-Thorp in the County of Norfolk.

Thomas Stringer of Bexwells in the County of Essex Esq [...]

Daniel Collingwood of Branton in Northumberland Esr Major to the Queens Troop of his Matis Guard, Governor of his Matis [...] Castle in Holy Island, and Deputy Leivtenant of the s [...]id County of Northumberland.

Iohn Iollife of the Citty of London Esqr descened from the family of Iollifs of Botham in Staffordshire

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Iohn Strachey of Sutton Court in ye County of Somerset Esqr.

Nicholas Martyn of Lincolns Inn in Middlesex Esq. son and heyre of Nicholas, Martyn of Lincolns [...]n aforesaid Esr. deceased, who was descended from the family of ye. Martins of Admiston, alias, Athelha [...]ston, in Dorsetsh: now maried to Dorcas, daughter o [...] Richard Graves Esqr. deceased late Reader of Lincolns Inn [...]

William Palmer of Winthorp in Lincolnsh: Esq•. Captaine of a Troop in the Regiment of Horse of his Grace the Duke of [...]onmouth: Captaine Generall of all his [...]atys. land forces.

Edward Clarke of ye Inner Temple London Esqr. son and heyre of Edward Clarke of Chipley, in ye County of Somerset Esqr. Maried Mary sole daughter & heyre [...] of Samuel Ieppe, of Suttons court [...] in ye sd. county Esq.

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Anthony Rowe of St. Martins in ye Fields in ye County of Midd [...] Esq• third son of Sr. Thomas Rowe of Muswell hill in ye said County. K•

Henry Marwood of [...] Bus [...]y in Yorkshire Esqr. Son and heyre of Sr. George H [...]rwood Bart. First maried to Margaret fourth daughter of th [...] R•. honourable Con [...]ers Ld. Darc [...] to his second Dorothy second daughter of Allen Bellingham, of L [...]v [...]ns in Westm [...]rland Esqr and to his present wife [...] second Daughter of Sr. Tho [...] W [...]worth of Emprall in Yorkshire K•.

Edward Braba [...]on of Bally arthur in the County of Wic [...]loe in Ireland Esqr. second son to the Right Honourable Edward Earle of [...]eath deceased.

William L [...]ggan of Butlers marston in Warwickshire Esqr [...] now maried to [...] daughter to [...] Newsham of Chadhurst in ye sd County Esqr

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Henry Brouncker of Roumbold-week in sussex and of Brokedish in Norfolk Esqr.

Iames Vernon of St. Martins in the Fields

i.e. Middlesex

, Esqr Secretary to the Rt Noble Iames Duke of Monmouth. Descended from the antient Family of the Vernons of Cheshire who were Barons of Shipbrooke.

Thomas Cudmore of Ke [...]edon in Essex Esqr. son &heire of Thomas Cudmore Esqr. deceased [...] by Dorothy eldest daughter and Coheire of Sr. Thomas Cecill Kt. son of Tho: Earle of Exeter [...] by Dorothy daughter & Coheire of Iohn Nevill Ld. Latimer son and heyre of Io: Ld. Latimer by Dorothy daughter and Coheyre of Sr. George Vere. Kt. wch. sd. Sr. Tho: dyed Anno 1002. and [...]eth buried in Stamford Baron in Northa [...]tons [...] [...]mong his Ancestors.

Samuel Collins Dr. in Physick, late fellow of Trinity Colledge in Cambridge, onely sonof, Iohn Collins late Parson of Rotherfield in Suss [...]x, decended from the antient Family of the Collins of the Countys of Somerset [...] and Devonshire he wa [...] First maried to Ann, eldest daughter of Iohn: Bodenham Esqr. descended from the family of the Bodenhams of Wiltshi [...] and Herefordshire. And now to Dame Katherine Countess [...] Dow [...]g [...] of Carnwath in scotland, daughter of Io: Abington of Dowdes well in Glocestershire Esqr. descended from the antient Family of the Abingtons.

OF ESQUIRES. CHAP. XXV.

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ALTHOUGH by the Civil Law there be no Gentlemen of Title under Knights, but all the rest went under the name of People; yet with us there are in this rank which have names of Preheminence, 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 Prerogative 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 seemeth 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 followeth an armed Knight in Battel; or rather, as some other suppose, it is the Footman armed 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 before, so are these which are in our days, as descending for the most part from their worthy 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.

[Page]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 Esquires 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 accounted 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 Esquires by putting about their Necks a Silver Collar of SS. and in former times upon their Heels a pair of white silvered Spurs, whereupon at this day in the Western part of the Kingdom they be called White-spurs, for distinction 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 Sheriffs, Justices of the Peace, &c. or serve the King in any worshipful Calling. At the Coronation 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 attend them in that Ceremony, who are ever after (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 Worship (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 distinct 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. Peradventure in that case the Writ may be good, because 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 Mystery; and when he was named Cook, he observed 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 Gentleman, yet the Recovery is good. The same Law where a Release is made to Iohn a Stiles Yeoman, who is a Gentleman; and where addition 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 Gentleman 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 Honour, 5. b. & 318.

By the statute 21. Hen. 8. chap. 13. amongst 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 cannot dispend ten pounds in his own right, or in his Wives right of Estate of Inheritance, 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 imposed upon such as refused, we find in our Histories 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 pleasure: And therefore 1 Edw. 2. Stat. de Militibus, 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 thousand [Page] pounds per Annum to a Queen, was deemed 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 consequence 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 others were called in, whereby above 100 thousand pounds was brought into the Exchequer: Notwithstanding which divers persons made Friends, and took the Degree of Knighthood, which occasioned the extinguishment of the ancient 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 following 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 Title, 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 Accomplishments; or are Knights of the Field, who are never abridged of their merited Honour, being acquired according to the original Institution of that Degree amongst all Nations.

And we see our Parliament men, our Sheriffs, Justices of the Peace, and the Honourable 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 Degree. To represent therefore an Esquire, as now defined, is no easie task; but according to the ancient Rule, I take him for a Foot-Commander.

The Atchievement of an Esquire differs from the Knight Batchelors only in the Helmet, as you may here observe. I shall also give you other 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 ancient House of Restalridge in Scotland, unfortunately 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 (amongst whose prayers this Manuscript was found) exemplar in his life for Charity and Conversation.

THE DEFINITION OR DESCRIPTION OF THE GENTRY OR Civil Nobility OF ENGLAND. CHAP. XXVI.

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GEntleman, Generosus, seemeth to be made of two words, the one French (Gentil) honestus vel honesta parente natus; the other Saxon (Man) as if you would say a man well born: And under this name are all comprized, that are above Yeomen and Artificers; so that Nobles are truly called Gentlemen. By the Course and Custome of England, Nobility is either Major or Minor. Major contains all Titles and Degrees from Knighthood upwards. Minor all from Barons downwards.

Gentlemen have their beginning either of Blood, as that they are born of worshipful Parents; or that they have done something worthy in Peace or War, whereby they deserve to bear Arms, and to be accounted Gentlemen. But in these days he is a Gentleman, who is commonly so taken. And whosoever studieth the Laws of this Realm, who studieth in the University, who professeth Liberal Sciences, and to be short, who can live without Manual Labour, and will bear the port, charge, and countenance of a Gentleman, he shall be called [Page]

Mr. William Mainstone Alias Mayneston of ye. Citty of London Merchant, Lineally descended from Thomas Mainston of Vrchinfield in Herefordshire Gent: Temps Edw: ye. 3d. now Maried to Penelope Daughte [...] To Sr: Thomas Iones of Shrewsbury in ye [...] County of Salop Kt. one of ye. Iustices of his matys. Court of K-Bench

Iohn Bourne of More feilds in the parish of St. Leonards Shoreditch in Middz Dr. in Phisicks [...] non maried to Eleanor daughter of George Shyres of Wakefield in Yorkshir Batche [...] in Divinity.

Iohn Rowe of ye. Citty of Bristoll Gent. Lineally descended from: ye. antient: family of ye. Rowes of Windley hill: in Derbyshire: Which Said Iohn is now maried: to Lucy Sister & Coheyre of An [...]thony Hungerford Son & heyre: of Anthony Hūgerford of ye. Lea in Wiltshire Esq:

Mr. Peter Vandeput of the Citty of London Merchant:

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Iohn Btome of Sevenoke in Kent Gent.: Ric [...]ard Btome of Chobham in the Parish of Westham in Ess [...] Gent.:

Richard Whitworth of Adbaston in the County of Stafford Gentleman.

Mr. Iohn Vanheck of ye. Citty of London Merchant descended of a Dutchfamily of that name:

This C [...]at [...] Armour [...] [...] borne by the Stanleys of Devonshire: and is Engraven at the Charge of Mr. Edward Stanley of Bamstable in the Sd [...] County, agreat Lover of Heraldry, and Promoter of Publique Vndertakeings:

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Nicholas Eyre of London Gent: Descended from a Antient Family of that name

Iohn Farrington of ye. Citty of London Merchant descended of ye. Farringtons of Verdon near Faringtonheath in Lancashire. a Family of good Account and Antiquity.

Iohn Gregorie of St. Margarets Westminster in Middlesex Gentleman son of Leiutenant Collonell William Gregorie of East Stockwith in Lincolnshire Esq a great sufferer for his maty. in ye. Late Vnhappy warrs.

Mr. Thomas Shaw of the Citty of London Merchant now Maried to Deborah daughter of Roger Reeva Late Cittizen of London.

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R [...]lph Marshall Gen̄t. Secretary to th [...] R•. honble William Earle of Craven, des [...]n [...]ded: from ye. family: of ye. Marshalls of yorkshire

Fran [...]is Lunde of Parsons Green in ye. Parish of Fūtham in Middlesex Gen̄t. descended fr [...]m ye Family of Lunde in ye. County of Yorke [...]

[...]chard Stratford of Hawling and nether Ge [...] [...] Glocestershire Gent, descended from the [...] Ancient family of ye. Stra [...]fords of Farmc [...] [...]n the Said County.

Thomas Glover of Raine Hill in Lancashire [...] Gent. now Maried to Rebecca daughter of Ninian Buther Staplehurst in Kent Gent.

[Page] Master, and shall be taken for a Gentleman; for true it is with us, tanti eris aliis, quanti tibi fueris: And if need be, a King at Arms shall grant him a Patent for a new Coat, if that there is none that of right doth appertain unto him from his Ancestors; and if so, confirm that upon him. But some men make a question, whether this manner of making Gentlemen is to be allowed of or no: And it may seem that it is not amiss; For first, the Prince loseth nothing by it, as he should do if it were in France; for the Yeoman or Husbandman is no more subject to Tail or Tax in England than the Gentleman: But on the other side, in every payment to the King the Gentleman is more charged, which he beareth with content; and in any Shew, Muster, or other particular Charge of the Town or County where he dwelleth, he is at a greater Expence for the preservation of his Honour: And for the outward shew, in all respects he deports himself like a Gentleman: and if he be called to the Wars, whatsoever it cost him, he must appear well accoutred, have his attendance, and shew a more manly Courage and tokens of a generous Education, by which means he shall purchase a greater Fame. For as touching the Policy and Government of the Commonwealth, it is not those that have to do with it, which will magnifie themselves, and go above their Estates, but they that are appointed Magistrates, &c. are persons tried and well known. See Sir Thomas Smith Repub. Angl. Chap. of Esquires and Gentlemen. In the five and twentieth of Queen Elizabeth the Case was, That whereas it is required by this Statute of the first of Henry the Fifth, Chap. 5. That in every Writ, Original Process, &c. in which any Exigit shall be awarded, that Additions should be given unto the Defendant of their Estate and Degree, &c. And the Case was, That one was a Yeoman by his Birth, and yet commonly called and reputed a Gentleman; and yet it was adjudged, That a Writ might be brought against him with the addition of Gentleman, for so much as the Intention of the Action is to have such a Name given by which he may be known: This is sufficient to satisfie the Law, and the Act of Parliament; for nomen dicitur, quia notitiam facit.

But if a Gentleman be sued by addition of Husbandman, he may say he is a Gentleman, and demand Judgment of the Writ without saying (and not Husbandman;) For a Gentleman may be a Husbandman, but he shall be sued by his Addition most worthy: For a Gentleman of what Estate soever he be, although he go to plough and common labour for his maintenance, yet he is a Gentleman, and shall not be named in legal Proceedings Yeoman, Husbandman, or Labourer.

If a Gentleman be bound an Apprentice to a Merchant, or other Trade, he hath not thereby lost his Degree of Gentility.

But if a Recovery be had against a Gentleman by the name of a Yeoman, in which case no Action is necessary, then it is no Error: So if any Deed or Obligation be made to him by the name of Yeoman.

If a Capias go against A. B. Yeoman, and if the Sheriff take A. B. Gentleman, an Action of false imprisonment lieth against the Sheriff: 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, Labourers, Servants of Husbandry, and Apprentices, 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 owner 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 places, 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 Children, 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 Parents 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 Letters Patents taken the Son of one Clifton a Gentlemen of quality in Norfolk, who was taught to sing for his Recreation; which Evans for the same offence was grievously punished.

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 Perambulation 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 [Page] 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 Bellhouse and a Gate, a Seat and a several Office 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 Journey, 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 thrived, 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 served Christ, he was thenceforth of Dignity and Peace so much worthy, as thereunto belonged, 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 braver 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 Observations of the Exchequer, accounted it an abusing 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 Magna 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 Gentleman, to be married to the Daughter of a Burgess; 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 living 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 municipale; 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, except 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 abandoning of Vice, Knights and Barons, with other States and Noblemen of the Realm, place their Children in those Inns, though they desire 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 purchased 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, according 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 another, the Combat was anciently allowed.

2. In equal Crimes a Gentleman shall be punishable 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.

[Page]7. A [...]ntleman condemned to death ought not to be [...]anged, but beheaded, and his Examination 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 Gentleman to Combat, quia conditiones [...]mpares.

Many other are the Priviledges due to Gentlemen, 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 Pater 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 Ancestors 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 hurries them to an unruly pride, which indeed is but rude and false honour, termed by Sir Iohn Ferne Apocriphate, and debarred of all priviledge 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 received 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 Gentleman of all these irregular Gentlemen, as he terms them, because he is named in some Acts of Parliament; yet (he saith) he is also debarred 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 never so great: [...]or were the Church Dignities and Preferments bestowed indifferently amongst 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 filled 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, bereaves 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 Relations.

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

OF YEOMEN. CHAP. XXVII.

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THE Yeomen or Common People (for so are they called of the Saxon word Zemen, which signifies 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 Nobles, and this was the Living of a Stokeman or Yeoman: And in our Law they are called Legal [...] homines, a word familiar in Writs and Inquests. 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 Parliament, it is ordered and expresly provided, That no man shall be such Knight, which standeth 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, because 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 Money: To the Churle or Yeoman, because the price of his head was taxed at Two hundred shillings. Which things, if it were not expresly 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 Yeomen, 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 waved, 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 plentiful 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 [Page] 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 hundred pounds per Annum.

As in the ancient time the Senators of Rome were elected a Censu; and as with us in conferring of Nobility, respect is had to their Revenues, 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 upon 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 poverty 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 commit or omit nothing, that may any way be prejudicial to their estimation, or which may endanger 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 Forefathers 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 degenerated 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 imprisoned, 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 denied a Habeas Corpus, if it be desired; and if no just cause be alledged, and the same be returned 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 Tenure, which is now abolished: Nor are the Trained Bands compelled to march out of the Kingdom, or be transported beyond Sea, otherwise 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 themselves, their Rights and Priviledges are preserved, and quietly enjoyed: yet such is the inconstancy of mens nature, not to be contented with the bliss they enjoy.

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THE SECOND PART OF Honour Civil: Treating of the CUSTOMS, GOVERNMENT, PRIVILEDGES, ARMORIAL ENSIGNS of HONOUR OF THE City of London. With the like Account of the CITIES of ENGLAND: Together with the Chief Town Corporate in each COUNTY of ENGLAND.

LONDON, Printed by Samuel Roycroft, Anno Dom. MDCLXXVIII.

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To the Right Honourable and Honourable the Right Worshipfull and Worshipfull the Governors, Deputy Governors, Treasurers, Consulls Assistants &ca. of these severall Incorporated Companys of Merchants, This Plate is humbly dedicated By your Honours and Worships most humble Servant Richard Blome

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The Atchivement of the Honourable Citty of LONDON, with the Armes of the Right Honourable the Lord Mayor, the Court of Aldermen and Sheriffs, for the yeare of our Lord 1678.

The Right Honourable Sr. Iames Edwards Knight, Lord Mayor of the honble Citty of London for the yeare 1678

THE SECOND PART OF Honour Civil: CHAP. I.

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ALL Chronologers and Antiquaries do agree, that in the Infancy of the Worlds Creation, men had no habitation other than Woods, Groves, bushy Thickets, Caves, and Concavities in Rocks and Sandy Grounds to shelter themselves from the wind and weather; which places they fenced about with sticks, heaps of stones, or the like, to preserve them from ravenous Beasts, which otherwise would annoy them. Then by degrees (as the World increased, and Inconvenience being the Mother of Invention) they made themselves small Hutts; from Hutts they came to build Houses, and to cohabit in Hamlets or Villages, and from thence sprang up Towns, Cities, Castles, and Fortified Places. Then the Inhabitants of one City or Place waged warr against those of another, and the Victorious enlarged their Territories, and made them their Tributaries; and thus increasing in number of Inhabitants, formed to themselves a Civil Government, and growing in Riches, some studied one Art, and some another, some addicted themselves to Traffick, whilst others imployed their time in Martial Affairs. And what are Cities in these our days, but the nursery, habitation, and receptacle of worthy, ingenious, wealthy, and munificent brave men; which made Charles the Quint much to glory that he was a Citizen of Ghent. And Henry the Great, in answer to a Letter of the King of Spains, wherein he declared his many Titles, styled himself only Henry King of France, and Burgess of Paris.

Since then that Cities are of such renown, and the Inhabitants thereof so signal in Coat-Armour, as having such a mixture and affinity with the Gentry, it will be necessary that in this Treatise we take notice of our Cities and chief Towns Corporate (being places of such concern to the Nation) as to their Priviledges, Governments, Courts of Judicature, Magistrates, their Armorial Badges belonging as well to the said Cities and Towns, as to their several Incorporated Companies in London: And first with London.

LONDON the Metropolis, Mistress, and bravery of all England, the King's Chamber and Epitomy of the whole Kingdom, of so great Antiquity and Fame in other Countreys, that it wanteth no mans commendation As to its rise, various are the Opinions of Writers. [Page] Ptolomy, Tacitus, and Antoninus calls her Londinium, or Longidinium; others, Augusta, Troja nova, or Troynovant; others, Caer-Lud, and others Dinas Belin. It is seated no less pleasantly than commodiously on the Banks of the Thames, which in its hasty (but not rapid) course towards the Sea saluteth its walls, and payeth its duty to her, dividing it into two (but unequal) parts, which are again joyned together by a most stately Stone-Bridge, sustained by nineteen great Arches, and so furnished with Houses, that it seemeth rather a Street than a Bridge. And beyond the said Bridge, the Thames with a deep and safe Channel, gives entertainment to Ships of very considerable Burthen, which daily bring in their rich Ladings from the known parts of the traded World. And if we consider its great Riches and Traffick with other Nations; its Jurisdiction and Bounds, being about twelve or fifteen miles in Circuit; its populousness and strength in Men and Ammunition both for Sea and Land Service; its well Government, both Civil and Ecclesiastical; the civility, ingenuity, and experience of its Inhabitants in Letters, Arts, Sciences, Manufactures, and Martial Affairs; its stately Buildings, both publick and private; as the Palaces of his Majesty, Whitehall, St. Iames's, and Somerse [...]-houses; the several Houses of the Nobility; its Courts of Judicature, and Houses of Parliament; its Collegiate and other Churches for Divine Service; its Inns of Court and Chancery; its Royal Exchange, built by Sir Thomas Gresham; its Custome-house; its Tower, which contains a Palace, a Prison, Mint, Armory, Wardrobe, and Artillery; its Guild-hall, where the Lord Mayor and Court of Aldermen meet about the concerns of the City, and where their Courts of Judicature are kept; its Halls for the several Companies; its Colledges and Free-Schools; its Hospitals and Alms-houses; its Theatres, Tennis-Courts, and places of Recreation; and its great plenty of all sorts of Provision which its Shambles and Markets are stored with; it may be deservedly styled the Mistress of the World.

Its Government.

This famous City, when under the Government of the Britains, Romans, and Saxons, was destroyed by the Danes: but AElfred, King of the West-Saxons, having reduced the whole Land to one Monarchy, repaired and re-peopled it, and committed the custody thereof to his Son in Law Alhered Earl of Mercia, after whose decease it returned to King Edward, sirnamed the Elder, who had it governed under him by Port-Graves, or Port-Reves, which in divers Records are styled Vicecomites, Viscounties, or Sheriffs. In the first of King Richard the first, the Citizens obtained to be governed by two Bailiffs or Sheriffs, and afterwards obtained to have a Mayor for their principal Magistrate, the first of which was Henry Fitz-Alwyn a Draper, who was constituted, and so continued four and twenty years.

The City within the Walls and Freedom thereof is divided into six and twenty Wards, and the government thereof committed to the care of as many grave Citizens of good repute and quality, which are Aldermen, each of which having the overseeing of his respective Ward. And besides these Aldermen, there are two Sheriffs which are annually chosen, as also a Lord Mayor, who according to his degree and seigniority of being Alderman after Sheriff, is by the consent of the Citizens (that is the Livery-men of each Company) yearly elected; and these are clothed in Scarlet Gowns, and wear Gold Chains; and as Coadjutors, every Alderman hath his Deputy of the Ward, as also Common-Councel-men.

This City by their Charter hath ample and large Priviledges and Immunities granted unto it, which hath been confirmed and enlarged by most of our Kings and Queens; as the making of Acts and Ordinances for the regulation and better government of the several Incorporated Companies, and the Members thereof, so as they are not repugnant to the Law of the Nation, and detriment of the King; they have also the power of keeping of Courts, holding Pleas, Assizes, and Goal Delivery; with the punishment of Offenders by Fine, Imprisonment, or Death, as occasion requireth. The Citizens are not constrained to go out of the said City to warr, without an emergent occasion to suppress a Foreign Invasion; they may pass Toll-free throughout all England; they have a Common Seal, and Armorial Ensigns of Honour; and for Recreation have Free-warren or Liberty to hunt about the said City; with many other Immunities too tedious to set down.

Courts appropriate to the City.

The Hustings is a Court of great Antiquity and Concern, being to preserve the Rights, Laws, Franchises, Customs, and Dignities of the said City, and is kept by the Lord Mayor and Aldermen every Tuesday.

The Court of Requests or Conscience, the Judges whereof are some of the Common-Councel-men, who are monthly chosen by the Lord Mayor and Aldermen, and sit twice every week to hear and determine all matters brought before them (betwixt Freemen) where the just Debt or Dammage doth not exceed forty shillings; for the proof of which, the Plaintiffs Oath is sufficient for them to award the Defendant to pay the same, either by present (or weekly) payment, as the said Judges shall think fit; which sentence cannot be avoided, for it is to be presum'd, that no man (especially of some repute, which is to be considered [Page] of) will forswear himself for so small a sum of money.

The Lord Mayor's Court, being an ancient Court of Record, held every Tuesday and Thursday by the Mayor and Aldermen, and is to redress and correct the errors and defaults which happen in the Government of the City, and indeed taketh cognizance of all matters wich concern the City for Receipts and Payments of money, the granting Leases, purchasing of Lands, building and repairing of Houses, and the like, and appointing their several Officers to look after the same.

The two Sheriffs Courts [...] one for each Compter, is on Wednesdays and Fridays for Trials for Woodstreet Compter, and on Thursdays and Saturdays for the Poultrey Compter: and each Court hath its Judge, which is a Lawyer of good repute, for the hearing and trial of all Actions brought before them; but if the Action brought be above 5 l. it may be by the Defendant removed to a higher Court. And to these Courts belong four Counsellors, eight Attorneys, besides Secondaries, Clerks, Keepers of the Compters, sixteen Sergeants and their Yeomen, with other Sub-Officers.

The Court of Orphans, which medleth with the Estates of deceased Citizens, to provide for the Orphans until they come to Age, and to see that an equal division of the Estate be made, the City being their Guardians.

The Court of Common-Councel, much resembling the High Court of Parliament, consisting of the Lord Mayor and Court of Aldermen, which may be termed the Higher House, and the Common-Councel the Lower House: and these make and constitute Laws and Acts as aforesaid, which are binding to the Inhabitants.

The Court of the Chamberlain for the binding and making free Apprentices, and for the reforming grievances betwixt the Master and the Apprentice: and this is an Office of great Trust, and of such Power, that no Apprentice (if not sworn by him) can set up and open Shop; and those that disobey his Summons, he hath power to Imprison or Fine. This Office is at present committed to the care of Sir Thomas Player Kt. a Person every way fit for so great a Trust.

The Courts of the Coroner and Escheater, which doth belong to the Lord Mayor.

The Court of Policies and Assurances for Merchants.

The Court of Halmote, which is kept by the Master, Wardens, and Court of Assistance of every Company generally every month.

The Court of Wardmote, or Wardmote Inquest for the whole City, being divided into six and twenty Wards, every Ward having such an Inquest consisting of about twelve or sixteen of the Inhabitants thereof, who meet at every Christmass time, and enquire after the Disorders and Abuses of Tradesmen in their Weights, Measures, and the like; and according to their Misdemeanours they make their Presentments.

The Sessions of Oyer and Terminer, and Goal Delivery of Newgate for the City of London and County of Middlesex, holden every month at Iustice-hall in the Old Baily for the trial of Felons, the Lord Mayor being cheif Judge, and hath power of Reprieving.

The Court for the conservation of the Water, and Rivers of Thames and Medway.

The Court of the Tower, held within the Verge of the City before the Steward by Prescription, of Debt, Trespass, and other Actions.

There is no Magistrate in Europe that liveth in greater state, and hath more power than the Lord Mayor of this City, which is evident by the noble Entertainment given to Strangers, and by his great attendance both at home and abroad: for besides the abundance of inferiour Officers, he hath his Sword-Bearer, Common Hunt, Common Cryer, and four Water Bailiffs, which by their places are Esquires; then the Coroner, three Sergeant-Carvers, three Sergeants of the Chamber, a Sergeant of the Channel, four Yeoman of the Water-side, the Under-water-Bailiff, two Yeoman of the Chamber, with divers others.

The publick Officers belonging to this City are the two Sheriffs, the Recorder, the Chamberlain, the Common Sergeant, the Town Clerk, and the Remembrancer, who by their places are Esquires.

The Sheriffs (who are persons of repute and ability) are annually by the Commons (that is the Livery-men of each Company) in formality chosen on Midsomer-day; and the day after Michaelmass the Lord Mayor and Aldermen go with them to the Exchequer-Chamber at Westminster, where they are presented and sworn, and the two old Sheriffs also sworn to their Accounts.

On Simon and Iudes day the old Lord Mayor being attended with the Aldermen and Sheriffs in their formalities, go to the Hustings Court, where the Lord Mayor elect taketh his Oath, and receiveth from the Chamberlain the Scepter, the Keys of the Common Seal, and the Seal of the Majoralty, and from the Sword-Bearer the Sword, all which according to custom he delivereth to them again. On the day following in the morning, the old Lord Mayor, with the Aldermen and Sheriffs, attend the Mayor elect from his House to Guild-hall, from whence in their formalities they go to the Vintrey, and take Barge to Westminster, being attended by the Livery-men of divers of the Companies in their Barges, which are bedecked with Banners, Pennons, and Streamers of their Arms, &c. which with their Musick makes a pleasing show. Being come to Westminster-hall, having saluted the Judges, they go up to the Exchequer Barr, where the Lord Mayor [Page] t [...]keth his Oath, and after some usual Ceremonies in the Hall and at the Abby, in seeing the Tombs, they return to their Barges, and are rowed back to London, & being landed, go to the Guild-hall in great pomp, where a most stately Dinner is prepared, as well for the Lord Mayor, Aldermen, Sheriffs, and the several Companies, as for the Nobility, Judges, and Gentry that are invited to the said Feast, which oft-times is graced with the Royal Presence of their Majesties the King and Queen, and the Duke of York, &c. The Ceremony of the day being ended, the Lord Mayor is attended to his House, where he liveth in great grandure during his Majoralty, looking after the Affairs of the City, to whose fatherly care the Government thereof is committed.

These, with other Ceremonies in the electing and swearing the Lord Mayor and Sheriffs, being largely treated of in Stow's Survey, and Howel's Londinensis, I forbear to speak further of them here, but referr the Reader.

A List of the Names of the Lord Mayor, Aldermen, and Sheriffs that for this present year 1678 have the government of this Honourable City, with the Names of the six and twenty Wards to which the said Aldermen do belong, viz.

THe Right Honourable Sir Iames Edwards Kt. Lord Mayor, and Alderman of Candlewick Ward, Sir Richard Chiverton of the Ward of Bridge without, Kt. Sir Thomas Allen of Aldgate Ward, Knight and Baronet, Sir Iohn Frederick of Coleman-street Ward, Kt. Sir Iohn Robinson of Tower-street Ward, Knight, Baronet, and Lieutenant of the Tower of London, Sir Iohn Laurence of Queen-hith Ward, Kt. Sir Thomas Bludworth of Aldersgate-street Ward, Kt. Sir William Turner of Castle-Baynards Ward, Kt. Sir George Waterman of Brides Ward within, Kt. Sir Robert Hanson of Basingshaw Ward, Kt. Sir William Hooker of Cornhill Ward, Kt. Sir Robert Vyner of Langborn ward, Knight and Baronet, Sir Ioseph Sheldon of Bishops-gate ward, Kt. Sir Thomas Davies of Farendon ward without, Kt. Sir Francis Chaplin of the Vintrey ward, Kt. Sir Robert Clayton of Cheap ward, Kt. Sir Patience Ward of Farendon ward within, Kt. Sir Iohn Moore of Walbrook ward, Kt. Sir William Prichard of Bread-street ward, Kt. Sir Henry Tulse of Bread-street ward, Kt. Sir Iames Smith of Portsoken ward, Kt. Sir Nathaniel Herne of Billingsgate ward, Kt. Sir Robert Ieffreys of Cordwainer ward, Kt. Sir Iohn Shorter of Cripple-gate ward, Kt. Sir Thomas Gold of Dowgate ward, Kt. and Sir William Rawstorne of Limestreet ward, Kt. The Sheriffs for this year are Sir Richard How and Sir Iohn Chapman, Knights.

Having thus in brief treated of the Government of the City, with their Immunities, Priviledges, Courts of Judicature, &c. in general, in the next place we will treat of each particular Incorporated Company, as Stems thereof. And first with the several Companies of Merchants, next with the twelve chief Companies out of which the Lord Mayor is to be Annually chosen, and so end with the other Companies, as Stars of a less magnitude.

The East-India Company, though not the ancientest, yet the most honourable and eminent, was first Incorporated in the year of the Reign of Queen Elizabeth, and since confirmed, with divers other Priviledges added to their Charter by succeeding Kings, having now power of making Acts and Ordinances, so as not repugnant to the Law of the Land or detriment of the King, for the good and well government of the said Trade and Company; likewise power to hear and decide Causes, and to implead, fine, and punish Offenders as they please; to raise and maintain Souldiers in their Factories, and to man out Ships of warr for their further security, for warr offensive as well as defensive, as occasion requireth; also the using of a Seal, and the bearing of a Coat of Arms, as it is depicted in the Escocheon of Arms of the several Companies of Merchants.

This Company is managed by a joynt stock, which makes them potent, eminent, and rich, and is found several ways to be very advantageous to the Kingdom; as in their building of Ships, in the imploying and maintaining of thousands, not only in their Ships, but in their Plantations and Factories, as at Surat, Cambaya, Bambay, Curwar, Baticale, Calicut, Fort St. George, Pentapoli, Musulipatan, Ougely, Gonro, Bantam in the Indies, Ormus in Persia [...] with some other places of less concern. And to their Presidents, Factors, and other Servants they allow good Salaries, and are raised to higher preferments, with greater Salaries, as their merits deserve. And the great Trade that they drive to these places, exporting such vast quantities of our Manufactures and Commodities, and importing so many sundry and rich Commodities, cannot but make them to be very beneficial to the Nation.

This worthy Company, for the better negotiation of their Affairs, is governed by a Governour, Deputy-Governour, and Committ [...]e consisting of four and twenty, who about the midst of April are Annually elected by the Adventurers of the said Company, of which there must be eight new ones always chosen, and these meet at their House in Leaden-hall-street London, (called the East-India House) generally twice a week, and keep Courts [...]or the negotiation of their Affairs.

[Page]The government of this Company for this present year 1678. is committed to the care of Sir Nathaniel Herne Kt. Governour, Major Robert Thomson, Deputy-Governour, and to the Right Honourable George Lord Berkeley, Sir Samuel Barnadiston, Sir Iohn Banks, Baronets, Sir William Thomson, Sir Stephen White, Sir Iames Edwards, Sir Iohn Moore, Sir Iohn Lethulier, Knights, Iosia Child, Iohn Iolliff, Iohn Bathurst, Col. Iohn Clarke, Iames Houblon, Samuel Moyer, Charles Thorold, Thomas Papillon, Esquires; Mr. Christopher Boone, Mr. Thomas Canham, Mr. Ioseph Herne, Mr. Nathaniel Letton, Mr. Iohn Page, Mr. Edward Rudge, Mr. Daniel Sheldon, and Mr. Ieremy Sambrook, Assistants.

The Levant or Turky Company of Merchants, which by their Discovery made the first Trade into the Seigniory of Venice, and then into the Dominions of the Grand Seignior, and including the Trade of the East-Indies, which as then was undiscovered to us by Sea, their goods being brought upon Camels and Ass-negroes to Aleppo and other parts of Turky: but since the discovery of the Indies by Sea, the Trade of this Company is something eclipsed for those Commodities which are now brought us by the East-India Company.

The benefit that ariseth to this Nation from this Company, besides the imploying so many Ships and Seamen, is in the Exporting and Importing of so many rich Commodities, and in particular, Clothes both died and drest, at the least thirty thousand pieces yearly, Kersies, Lead, Tinn, Iron, Steel, Wire, Pewter, Furrs, pieces of Eight, Sugar, Hides, Elephants-teeth, Brasill, red and white Lead, Indico, Logwood, Couchaniel, Callicoes, Spices, and several Indian Commodities. And for these they Import raw Silks of Persia, Damascus, Tripoli, &c. also Camblets, Grograins, Grograin-yarn, Mohairs of Angor, Woolls, Cottons, Cotton-yarn of Smyrna and Cyprus, Galls of Mosolo and Toccat, the Coralls and Oyls of Zant, Zeffalonia, Morea, &c. the Drugs of Egypt and Arabia, also Turky-Carpets, Cordovants, Box-wood, Rhubarb, Worm-seed, Sena, Cummin-seed, with several other rich Commodities.

This worshipful Company of Merchants was first Incorporated in the Reign of Queen Elizabeth, and since confirmed by her Successors, and have ample Priviledges and Immunities granted unto them; as making of Laws and Orders for the well government of the said Fellowship, power of deciding Controversies which arise in the said Company as to their Trade, giving Oaths, imposing Fines, or imprisoning of Offenders according to their discretion, the using of a Publick Seal, and the bearing of a Coat of Arms, as is set forth in the Escocheon of Arms aforesaid.

And for the better management of the Affairs of this Honourable Company, they are governed by a Governour, Deputy-Governour, and Court of Assistants, consisting of 18, who in the Month of February are Annually chosen by a general Consent, out of the Members of the said Company, and these meet and keep Courts monthly, weekly, or as oft as their occasions require, for the management of the concerns of the said Society; as binding and making free, electing and sending over Consuls, Vice-Consuls, Factors and Servants to Constantinople, Smyrna, Aleppo, Cyprus, and such places where their Factories are kept.

The management of the Affairs of this Honourable Company, for this present year 1678. is committed to the care and prudent government of the Right Honourable George Lord Berkeley of Berkeley, whose worthy parts and great love to Traffick makes him every way so fit for it, that the Company for these several years past, have by an unanimous consent elected his Lordship their Governour, Iohn Buckworth Esq Deputy, Mr. Iohn Harvey Treasurer, Mr. Thomas Vernon Husband, Sir Iohn Lethulier Kt. Charles Thorold Esq Iohn Morden Esq Mr. Thomas Pilkington, Mr. Richard Poulter, Mr. Henry Griffith, Mr. Iohn Morice, Mr. Richard Onslow, Mr. Thomas Hartopp, Mr. Walter Conventrey, Mr. William Hedges, Mr. Iasper Clotterbook, Mr. Abraham Wessell, Mr. Richard Nicol, Mr. Bernard Saltonstall, Mr. George Carew.

The Russia or Moscovy Company of Merchant Adventurers for discovery of new Trades, was first Incorporated in the beginning of the Reign of King Philip and Queen Mary, upon the Discoveries of Lands, Territories, Seigniories, and Isles by Seas lying Northwards, North-eastwards, and North-westwards from England, and was afterwards confirmed by Act of Parliament in the eighth year of the Reign of Queen Elizabeth, so that now they enjoy several Immunities and Priviledges; as to raise Arms for the subduing of Countreys in the limits aforesaid, and to enter thereon, and set up the English Standards; to make Acts and Ordinances for the good of the said Society, so as they are not repugnant to the Laws of the Kingdom; to punish Offenders by Fine or Imprisonment, to use a Common Seal, to bear a Coat of Arms, &c. as is here depicted.

The Commodities that this Company Exporteth are, woollen Clothes both died and dressed of all sorts, Kersies, Bayes, Cottons, Perpetuances, Fustians, Norwich Stuffs, Lace, Thread, Lead, Tinn, Pewter, Allom, Copper, much defective Wines and Fruits, not fit to be spent in this Kingdom, with most sorts of English Goods. And for these and the like they Import Pot-ashes, Tarr, Cordage, Cable-yarn, Tallow, Wax, Isinglass, several sorts of Hides in the Hair, Goat-skins undrest, Cordovants, tan'd Hides, Hogs-brissles, raw Silk, Linseed, Slod, Bever wooll and wombs, several sorts of rich Furrs, Seal-skins, Rhuberb, Castorum, Agarick, [Page] Train-oyl, Flax, Hemp, Linen, Caviare, Salmon, Stockfish, Codfish, &c.

This worshipful Company of Merchants is governed by a Governour, four Consuls, and Assistants consisting of four and twenty, who on the first of March are Annually chosen out of the Members of the said Society: and for this present Year 1677. the management thereof is committed to the care of Iohn Iolliff Esq Governour, Sir Benjamin Ayloff Baronet, Samuel Moyer Esq Charles Thorold Esq Mr. Charles Carill Consuls, to Mr. Edward Bell Treasurer, and to Iohn Gould Esq Mr. Daniel Edwards, Mr. Benjamin Glanvile, Mr. Iames Young, Mr. Benjamin Colds, Mr. George Grove, Mr. Francis Pargiter, Mr. George Carew, Mr. Heritage Lenten, Captain Gervase Lock, Mr. Edward Grace, Mr. Thomas Thursby, Mr. Thomas Hancox, Mr. Iohn Ashby, Mr. Richard Adams, Mr. Edward Davenport, Mr. Thomas Hawes [...] Mr. George Cooks, Mr. Gilbert Ward, Mr. Ioseph Wolfe, Mr. Iohn Porter, Mr. Iohn Osborne, and Mr. Iohn Penning Assistants.

The Eastland Company, first Incorporated in the Reign of Queen Elizabeth, and confirmed by King Charles the Second, and by their Charter have ample Immunities and Priviledges granted to them, and as large a scope to traffick in, including the Trade of the Kingdoms, Dominions, Dukedoms, Countreys, Cities, and Towns of Norway, Swedeland, and Poland, with the Territories of the said Kingdoms, as also in Lettow, Liffland, and Pomerland, from the River Odera Eastwards, and likewise in the Isles of Findland, Eoland, and Ber [...]tholine within the Sound.

The Commodities by this Company Exported are, Woollen Clothes, Perpetuances, Kersies, Serges, Norwich Stuffs, Cottons, Lead, Tinn, Pewter, Stockins, Hats, Gloves, together with several Southern and Eastern Commodities, as Sattins, Silks, Spices, &c. and the Commodities by them [...]mported are, Deals, Masts, Timber, Oars, Balks, Clapboards, Bom-spars, Cant-spars, Pipe-staves, Wainscot, and Quarters, Flax, Hemp, Linen-cloth, Fustians, Cordage, Cable-yarn, Pitch, Tarr, Tallow, Hides, Pot-ashes, Wheat, Rye, Iron, Lattin, Copper, Steel, Wire, Quicksilver, rich Furrs, Buck-skins, Train-oyl, Sturgeon, Stock-fish, Mather, with several other good Commodities.

For the management of the Affairs of this worshipful Company, they are governed by a Governour, Deputy-Governour, and Court of Assistants, consisting of four and twenty, who are yearly elected out of the Members of the said Society in the month of October, and keep their Courts for the management of the concerns of the said Company as others do, having also large Immunities granted unto them.

The present Governour for this Year 1678. is Sir Richard Chiverton Kt. Governour, Francis Asty Esq Deputy-Governour, Randolph Knipe Treasurer, Sir Benjamin Ayloffe, Edward Bilton Senior, Esq Iohn Dogget Esq Nathaniel Tench Esq Peter Rich Esq Mr. Thomas Canham, Mr. Henry Moody, Mr. Edw. Bilton Junior, Mr. Samuel Feake, Mr. William Rivett, Mr. Hugh Vpton, Mr. William Nutt, Mr. William Cooper, Mr. Iohn Mathews, Mr. Oliver Westland, Mr. Edward Harwell, Mr. Abraham Wessel, Mr. Ioseph Martin, Mr. Thomas Philpe, Mr. Thomas Warren, Mr. William Taylor, and Mr. Iohn Sayer Assistants.

The Royal Affrican Company of England was by his Majesties great prudence and care, for the general good of this Nation, and of his Foreign Dominions and Plantations, erected into a Company, and is likely to prove the most beneficial Trade that belongs to his Crown, as well by the Commodities Exported and Imported, as by the Negro Trade.

The Goods of English growth Exported are, Sayes, Perpetuances, Broad-clothes, Welsh-plains, and other Woollen Manufactures in great abundance, besides quantities of other English Goods and Stuffs; the large consumption whereof doth not only enable the Tenant the better to pay his Rent, and maintain his Family, but also sets many thousands of poor people at work, in making, dying, and dressing of these Stuffs and Clothes: And together with these Goods of English growth, are also sent vast quantities of Foreign Goods, chiefly imported by our East-India Company, by which his Majesties Customes, the wealth of his People, and the Navigation of this Kingdom are much encreased.

The Foreign Commodities Imported are, Gold, Elephants-teeth, Wax, Hides, and other Commodities almost all as good as gold.

And as to the benefit of the Negro Trade, it is such, that by it all the American Plantations are yearly furnished with great quantities of Slaves, not elsewhere to be had; by whose labour, and the Planters industry, the King and his People are very much enriched.

The bounds of this Companies Trade are large, viz. from Sally in South-Barbary to Cape Bona Esperanza inclusive.

The Voyage out and home is short, usually within the compass of a year. Many ships and seamen are constantly employed in the Companies Service; who for the securing their Trade, have at a very great expence erected several Forts and Factories all along the Coast of Guiny, without which the Trade cannot possibly be preserved to this Nation; and for that very reason this Trade cannot be managed but by a Company and a joynt Stock; for no private person will undergo the Charge of Forts and Factories abroad, besides such as Venture one Voyage, and perhaps no more, do usually consult the cheapest way in their Exports, and will [Page] not have that care to send so good and merchantable Commodities as a Company who are constantly to trade thither will, who are obliged so to do, as well for supporting the credit of their trade, as for bringing our English Manufactures into a better reputation than those of our Neighbours, which this Company hath really effected in several Commodities formerly bought in Holland, as Sayes, Muskets, Knives, &c. being now all Exported of our own make.

And of this difference in and between the Commodities send by the Company, and those sent by private Traders, the Natives of Guiny (who are a sagacious people) are very sensible by the ill-dealings they have met with in that kind from some private Traders, which hath been a thing very disadvantageous to our English Manufactures and Trade: but these mi [...]chiefs have been removed ever since his Majesties settling the Trade in a Company, with prohibition to all such interloping Traders.

This Company consisteth of a Governour (who is his Royal Highness Iames Duke of York, the very life of the said Company under his Sacred Majesty) a Sub-Governour, Deputy-Governour, and a generality mixt of divers Noblemen, honourable, Persons and eminent Merchants, to the number of about two hundred, out of which are Annually chosen by Vote at a general Court four and twenty Assistants, of whom any six with the Governour, Sub-Governour, or Deputy-Governour, make a Court, which by their Charter dated Sept. 27. 1672. is called a Court of Assistants, and impowered for the well ordering and governing of the Affairs of the said Company, subject nevertheless to a general Court when occasion requireth.

The management of the Affairs of this Honourable Company for this Year 1678. is committed to the prudent care and government of his Royal Highness, Governour, Sir Gabriel Roberts, Sub-Governour, Benjamin Newland Esq Deputy-Governour. Twenty four Assistants, viz. Sir Iohn Banks Knight and Baronet, Sir Thomas Bludworth Knight and Alderman, Mr. Benjamin Bathurst, William Earl of Craven, Sir Peter Colleton Knight and Baronet, Mr. Roger Chappel, Mr. Samuel Dashwood, Thomas Lord Viscount Fauconberg, Edward Hopegood Esq Mr. Peter Ioy, Sir Andrew King, Mr. Iohn Mead, Sir Iohn Mathews, Mr. Nicholas Mead, Mr. Thomas Nichols, Lawrence du Puy, Esq Mr. Peter Proby, William Roberts Esq Mr. Edward Rudge, Col. Iohn Searle, Mr. Benjamin Skutt, Sir William Turner Knight and Alderman, Mr. Thomas Vernon, Mr. William Warren.

The Coat of Arms and Motto belonging to this Company is also depicted in the Plate of Arms of the Companies of Merchants.

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The Company of Mercers, being the primier Company in London, was Incorporated into a Fraternal Society in the seventeenth of King Richard the Second, and hath ample Priviledges and Immunities granted unto them; as holding of Courts for the negotiation of their Affairs, &c. and have their Hall or place of meeting, a thing accustomary to all other Societies in London. They have a common Seal. And the Armorial Ensign of Honour given them to bear and display on their Banners is, Gules, a demy-Virgin, her hair dishevel'd, crowned, issuing out, and within an Orle of Clouds, all proper. To this Company Sir Thomas Gresham, a worthy Member thereof, was a liberal Benefactor, giving them and the City of London the Royal Exchange, with all the Buildings thereto belonging, upon trust that they should perform as in his Will and Testament is d [...]clared, viz. That the Lord Mayor and Court of Aldermen shall find four to read Lectures of Divinity, Astronomy, Musick, and Geometry within Gresham Colledge (a large Structure also given unto them) and to give to each Reader 50 l. per Annum; and the Company of Mercers to find three Readers in the same place, viz. for the Civil Law, for Physick, and Rhetorick, with the yearly stipend of 50 l. a piece; which gift hath been since confirmed by Act of Parliament; where every day (except Sundays) in the Term time the said Lectures are read.

This worshipful Company (as indeed all others are) is governed by a Master, Wardens, and Court of Assistants.

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The Company of Grocers, Incorporated in the twentieth Year of King Edward the third, beareth for their Coat-Armour, Argent, a Cheveron, Gules, between nine Cloves, Sable.

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The Company of Drapers, incorporared in the seventeenth of King Henry the sixth, beareth Azure, three Clouds radiated, proper, each adorned with a triple Crown, Or. This Company is not a little dignified by having Sir Henry Fitz-Alwyn Kt. noble by birth, a brother of their Company, who was the first Lord Mayor of this City, in which Dignity he continued four and twenty years and a half.

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The Company of Fishmongers were incorporated in the eight and twentieth of King Henry the Eighth into one brotherhood, being before two Campanies, viz. the Stock-fishmongers, and the Salt-fishmongers. They bear for their Coat-Armour, Azure, 3 Dolphins naiant in Pale between two pair of Lucies Saltire-ways, proper, crowned, Or, on a Chief, Gules, three couple of Keys crossed as the Crowns.

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The Company of Goldsmiths, incorporated in the sixteenth of King Richard the Second, beareth quarterly Gules and Azure, in the first and fourth a Leopard's head, Or, in the second and third a Cup covered between two Buckles of the last.

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The Company of Skinners were incorporated in the first of King [...] chard the Second. [...] Coa [...]-Armou [...]s [...]my [...], on a Chi [...]f, Gules, th [...]ee Crowns, Or, with Caps thereunto of the first. This Company hath been highly enobled by having of their Society six Kings, five Queens, one Prince, nine Dukes, two Earls, and one Lord.

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The Company of Merchant-Taylors, incorporated in the seventeenth of King Henry the Seventh, beareth Argent, a Tent-Royal between two Parliament Robes, Gules, lined, Ermyn, on a Chief, Azure, a Lion passant guardant, Or. This Company hath also been dignified by having of their Fraternity eight Kings, eleven Dukes, thirty Earls, and four and forty Lords.

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The Company of Haberdashers were incorporated into a Brotherhood of St. Katharine in the six and twentieth of King Henry the Sixth, and were confirmed in the seventeenth of King Henry the Seventh, and named The Merchant Haberdashers. The Coat-Armour belonging to them is, Nebule of six, Argent and Azure, on a Bend, Gules, a Lion passant guardant of England.

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The Company of Salters beareth for their Coat-Armour, per Cheveron, Azure and Gules, three covered Salts, Or, sprinkled, Argent.

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The Company of Ironmongers, incorporated in the third of King Edward the Fourth, beareth Argent, on a Cheveron, Gules, between 3 Gads or pieces of Steel, Azure, as many pair of Shackles or Manicles, Or.

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The Company of Vintners, incorporated in the Reign of King Edward the Third, beareth Sable, a Cheveron between three Tuns, Argent.

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The Company of Cloth-workers, incorporated in the [...] beareth Sable, a Cheveron, Ermyn, beween two Habicks in Chief, Argent, and a Tessel in base, Or.

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The Company of Dyers, incorporated in the nine and fortieth of King Henry the Sixth, beareth Sable, a Cheveron engrailed, between three Madder-baggs, Argent, banded or corded, Or.

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The Company of Brewers, incorporated in the sixth of King Henry the Sixth, beareth Gules, on a Cheveron, Argent, between three pair of Garbs Saltire-ways, Or, three Tuns of Barrels, Sable.

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The Company of Leathersellers, incorporated in the sixth of King Richard the Second, beareth Argent, three Bucks trippant reguardant, Gules.

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The Company of Barber-Chirurgeons, were incorporated in the Reign of King Edward the Fourth. They bear for their Coat-Armour, divided by St. George's Cross, thereon a Lion of England, quarterly, the first and fourth, Sable, a Cheveron between three Fleams, Argent; the second and third per Pale, Argent and Vert, a Rose, Gules, crowned and seeded, Or.

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The Company of Apothecaries beareth Azure, Apollo in his glory, with Bow in one hand and Arrow in the other, bestriding the Serpent Pythom, all Or.

Thus having briefly treated of the City of London the Metropolis of the Kingdom, with some of the chief Incorporated Companies, our next business shall be to treat of the Cities in England, with the principal places or Shire-Towns in every County.

CHAP. II. Treats of the Cities of England, with the Shire or chief Town Corporate in each County; and first with Berkshire.

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READING, the chief Town in Berkshire, pleasantly seated near the Thames, and on the Kennet, which with other Rivers that fall into the Thames, doth sufficiently water it. The Town is large, having three Churches for Divine worship; its Houses are well built, and was once beautified with a fair and rich Monastery, and a strong Castle. It is a place well inhabited, and enjoyeth a good Trade, especially for its Cloth and Mault. The Town is incorpo [...]ated, and governed by a Mayor and twelve Aldermen, and as many Burgesses or Assistant [...]; and hath a Steward and other Sub-Officers; sends its Representatives to Parliament: And the Arms is Azure, a King's-head proper betwixt an R and an E in Fess, Or, and four other heads in Saltire, proper.

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BEDFORD, the chief Shire-town, well seated on the Banks of the River Owse, which severeth into two parts, but joyned by a fair Stone-bridge which hath at each end a Gate-house to obstruct the passage if need requires. It is a large Town, numbring five Parish Churches; is well inhabited. It is a Town Corporate, which electeth Burgesses for Parliament; and is governed by a Mayor, two Bailiffs, two Chamberlains, a Recorder, Town-Clerks, with other Sub-Officers. The Arms or Armorial Ensigns of Honour belonging to this Town is, a demy Eagle with the wings displayed over a Castle upon a Hill, all proper.

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BVCKINGHAM, the County-Town, well seated on the Banks of the Owse, which almost encloseth it, and having for conveniency of pa [...] sage three Stone-bridges. It is a fair, well-frequented and inhabited Town. The Town is governed by a Bailiff, twelve principal Burgesses, a Steward, &c. and as a Town Corporate sendeth its representatives to Parliament. The Arms appropriate to this Town is, party per Pale, Gules and Sable, over all a Swan, Argent, crowned and chained, Or.

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CAMBRIDGE the chief Shire-Town, although the City of Ely is therein seated. It is a place of great antiquity, and of no less fame and resort for its University, which is it chiefest Ornament, being adorned with sixteen Colledges and Halls. Its Houses are well built, is a place of good extent, numbering fourteen Parish Churches. The chief Magistrates are a Mayor and Aldermen, with Sub-officers; and as a Borough-Town, sendeth its Representatives to Parliament. viz. two for the University, and two for the Town. The Arms appropriate to this Town is, Gules, a Bridge with three Wall-Towers thereon, proper, in Chief a Flower de Lis, Or, between two Roses, Argent, and in Base three Vessels in the water, all proper.

ELY, a City of more antiquity than beauty, being but meanly built, nor well inhabited or frequented, and would be farr less, were it not the See of a Bishop. It is a place that enjoyeth ample Immunities; for in the Isle of Ely the Bishop hath all the Rights of a County Palatine, and beareth chief sway therein, and appointeth his Bailiff and other Officers.

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CHESTER, or WEST-CHESTER, a City of great antiquity, and pleasant situation on the Banks of the Dee, over which it hath a fair Stone-bridge. It is of about two miles in circuit within its Wall, on which are seven Watch-towers, and gives entrance by four Gates and three Posterns; and of these, the Eastern-Gate is said to be one of the stateliest in England. Here is a large Castle strongly seated on a rocky Hill, wherein is the Shire-hall for the deciding all matters concerning the County Palatine. This City is beautified with fair Buildings, hath ten Parish Churches besides its Minster or Cathedral, is well inhabited and frequented by Gentry and Tradesmen. The Government is committed to a Mayor, two Sheriffs, four and twenty Aldermen, a Recorder, and other Sub-Officers; it enjoyeth ample Immunities, sendeth Burgesses to Parliament. The Arms appropriate to this City is, in Pale dexter, Gules, three demy Lions guardant, Or; and in the sinister, Azure, two Garbs, Or.

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LAVNSTON, the chief Town in Cornwall, seated on a branch of the Tamer, a large Town Corporate, governed by a Mayor and his Brethren; and amongst its Immunities electeth Parliament men, It is a place well inhabited, enjoyeth a good Trade, and the more as being the place where the Assizes are held. The Arms born by this Town is, Gules, a Castle with a Watch-tower on the top, Or, within a Bordure, Azure, charged with an Orle of eight Tents, Argent.

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CARLISLE, the chief place in Cumberland, a City of great antiquity, and well situated for the conveniency of water. It is defended by a strong Castle and Cittadel, and fenced about with a strong Wall; is graced with fair and well built houses, & beautified with a Cathedral Church of curious workmanship; it enjoys several Immunities, sendeth Burgesses to Parliament, is governed by a Mayor, twelve Aldermen, and other Sub-Officers. And the Coat-Armour belonging to this City is, Argent, a Castle between two Roses, Or, on a Chief, Gules, a Lion passant guardant of the second, the Base wavy, Argent and Sable.

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DERBY, the chief Town in the County so called, a very large, populous, well frequented and inhabited Borough-Town, which electeth Parliament men; is governed by a Mayor, 9 Aldermen, 14 Brethren, 14 Common-Councel, a Recorder, Town-Clerk with other Sub-Officers. The Arms belonging to this Town is a Hart cumbant upon a Hill in a Park paled, all proper.

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EXETER, the chief City in Devonshire, commondiously seated on the River Ex, over which it hath a fair Stone-bridge. It is a sweet and well compacted City, but of that largeness, that within its Walls and Suburbs, which are large, are numbred fifteen Parish-Churches, besides its Cathedral or Minster, a fine Structure. It is a place well inhabited and frequented, enjoyeth several Immunities, sendeth Burgesses to Parliament, is governed by a Mayor, four and twenty Aldermen, a Recorder, with Sub-Officers. The Arms belonging to this City are, Party per pale, Gules and Sable, a Castle triple-towred, Or.

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BARNSTABLE, a Maritine Town in the North part of Devonshire, situated in a most pleasant Plain, upon the Banks of the Taw, over which it hath a long and stately Stone-bridge sustained by sixteen Arches, built by one Stamford a Citizen of London, having been incorporated before the Conquest, at which time it was encircled with Walls and Gates, and had forty Burgesses within the Walls, and nine without; to which was added a Castle built by Iudhaell of Tottenes, who received many Revenues in the said County from William the First, by Clientuary right, which was since the Seat of the Tracies, who were Lords of the said Castle; which Town, by many Grants and Charters, which they had from Henry the First [Page] and divers succeeding Kings, is indowed with many fair Priviledges, and by King Iohn was invested with the Priviledges of the City of London. It is governed by a Mayor, two Aldermen, a Recorder, Deputy-Recorder, all Justices of the Peace; it hath a Lord High-Steward, which Office was last born by his Grace George late Duke of Albemarle. Besides the Mayor, it hath a Councel consisting of four and twenty Burgesses, out of whom the Mayor is yearly chosen: It hath Coroners and all other Officers within the said Town; it hath a Court of Record every Munday fortnight, wherein all Actions real, personal, and mixt, may be tried without limitation; it sends two Burgesses to Parliament; it hath in it a great clothing Trade for the making of that sort of Drapery, so well known by the name of Barnstable-Bayes. It is blessed with a sweet and wholsome Air; hath fair and well built Buildings altogether of s [...]one and brick; it hath an eminent Free-school, which hath sent forth many worthy men into the Church and Kingdom. It hath a Market on Fridays, which is very considerable for Corn, Cattel, Sheep, Wool, Yarn, and all Provisions. The Government for this present year 1676. is committed to the care of Mr. Richard Hooper Mayor, Mr. Christopher Hunt, and Mr. Iohn Palmer Aldermen, Mr. Thomas Mathews, Mr. Richard Medford, Mr. Roger Ieffrey, Mr. William Westcomb, Mr. Arthur Ackland, Mr. Thomas Cox, Mr. Richard Harris, Mr. Ieffery Webber, Mr. Thomas Cole, Mr. Lewes Rosier, Mr. Ioseph Fraine, Mr. Thomas Harris, Mr. Iohn Fairechild, Mr. Henry Drake. Mr. Rawleigh Clapham, Mr. Richard Ealisbury, Mr. Hugh Marshall, Mr. Edward Stanley, Mr. Thomas Lugg, Mr. Iohn Stevens, Mr. Thomas Webber, and Mr. Henry Fraine Burgesses. The Coat of Arms belonging to the Corporation is, Gules, a Castle, Argent.

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DORCHESTER, the chief Shire-Town, pleasantly seated on the Frome, and on the Roman Causie, called the Foss-way; a neat compacted Town, graced with well built Houses; hath three fair Streets, and as many Parish Churches. Its a Town Corporate, governed by two Bailiffs, eight Aldermen a Recorder, &c. and hath the election of Parliament men. The Arms born by this Town is, Gules, a Castle, Argen [...]t in its front the Arms of England and France quartered.

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DVRHAM, the chief place in the Bishoprick, being a City of good antiquity, and no less pleasantly than commondiously seated on the River Weare, over which it hath two large and spacious Stone-Bridges. It is a fair, neat, and well compacted City, beautified with fair buildings, which are well inhabited; and for Divine worship hath six Parish Churches besides its Cathedral, a large structure. It is dignified with the See of a Bishop, and sendeth Burgesses to Parliament. The Coat-Armour belonging to this City is, Azure, a Cross flory, Or, between four Lions rampant, Argent.

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COLCHESTER, the principal Town in Essex, a place of great antiquity, and in former times of no less fame than largeness, numbring fifteen Pa [...]ish Churches, many of which are now reduced to ruins, with abundance of its Houses. It is commodiously seated on the Colne not far from the Sea, which doth occasion it to be a place of a good Trade, and to be well inhabited by Tradesmen and those that have relation to Sea affairs. It is a Town Corporate, which sendeth its Representatives to Parliament; is governed by two Bailiffs, twelve Aldermen, a Recorder, with Sub-Officers. The Arms appropriate to this Town is, Azure, a Cross trunked, Argent, between three Coronets, Or.

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BRISTOL, a City which next to London claims the priority of all others in the Kingdom; it is a County incorporate within it self; is governed by a Mayor, Court of Aldermen, Sheriffs, and other Sub-Officers, and enjoyeth all Immunities and Priviledges in as ample a manner as the City of London, being much one and the same. It is a City of a sweet and delightful situation, is adorned with many fair and well built Edifices, and its Streets are so neatly ordered with Common-shores under ground, that no filth is to be seen to annoy the Inhabitants. It is a City of a large extent, numbring eighteen Parish Churches besides its Cathedral. Its Port is good and commodious [Page] for shipping, which doth occasion a very great trade, and to be well inhabited and frequented by Tradesmen and Merchants. The Arms belonging to this City is, Gules, a Castle upon a Hill by the Sea side, and a Helm of a Ship under sail passing by, all proper.

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There are belonging to this City several incorporated Companies, but that of most note and repute is the worthy and honourable Society of Merchant Adventurers, who drive a considerable trade to most parts of the traded World, being governed by a Master, Wardens, and Court of Assistants, having their Hall for their publick place of meeting for the keeping of Courts for the negotiation of their Affairs, having ample Immunities granted unto them. And do bear for their Coat-Armour, Barry unde of eight pieces, Argent and Azure, on a Bend, Or, a Dragon volant, Vert, on a Chief, Gules, a Lion passant guardant, Or, between two Besants.

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GLOCESTER, a City of good antiquity, pleasantly seated on the Severne, over which it hath a fair Stone-bridge. It is also a County within its self, enjoyeth large Immunities, sendeth Burgesses to Parliament, and is governed by a Mayor, two Sheriffs, twelve Aldermen and Recorder, with Sub-Officers. The City is not large, yet hath twelve Parish Churches besides its Cathedral, a fair structure, and is beautified with a handsome Colledge and many neat Buildings. The Arms belonging to this City is, Or, three Cheverons, Gules.

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WINCHESTER, the chief and principal place in Hantshire, being a City of great antiquity, and famous in the times of the Romans, Saxons, and Normans; the situation is no less pleasant than commodious; is about a mile and a half in circuit within its Walls, besides its Suburbs; and hath five Parish Churches besides its Cathedral; it enjoyeth several Immunities, and sendeth Burgesses to Parliament. The Arms belonging to this City is, Sable, three Lilies proper.

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SOVTHAMPON, a place of good account in Hantshire, commodiously seated on an Arm of the Sea, which makes it to be a place of some trade. The Town is large, garnished with well built Houses; for Divine worship hath five Parish Churches; and is fenced about with a double Ditch and Walls. It is a Borough Town, enjoyeth ample Immunities, sendeth its Representatives to Parliament, and is governed by a Mayor, Bailiffs, and Burgesses. Beareth per Fess, Argent and Gules, three Roses counterchanged.

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HERTFORD, the chief Town in the County so called, it is seated on the Lea, once a place of a larger extent, and of more beauty than at present. It is a Borough Town, electeth Parliament men, and is governed by a Mayor, nine Burgesses, sixteen Assistants, a High Steward, who is always a Noble man, a Steward of the Court of Records, and other Sub-Officers. The Arms belonging to the Town is, a Hart in a field, proper.

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HEREFORD, the chief place in Herefordshire, being a City of great Antiquity, and of a pleasant situation. It is a l [...]rge place, numbring six Parish Churches, and beautified with well built Houses. It enjoyeth large Immunities, sendeth Burgesses to Parliament, is governed by a Mayor, six Aldermen, a Common-Councel, Recorder, &c. The Arms belonging to this City is, Gules, three Lions passant guardant, Or.

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HVNTINGTON, well seated on the banks of the Owse, over which it hath a fair Stone-bridge. It is a very large and ancient Borough-Town, of good antiquity, and of a greater extent than now it is, having formerly fifteen Parish Churches, which time hath reduced to four. It is governed by a Mayor, Aldermen, and Burgesses; hath the election of Parliament men; and beareth for their Arms or Seal a Huntsman with his Dogg, Staff, &c.

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CANTERBVRY, the chief City in Kent, a place of great antiquity, being said to be built nine hundred years before the birth of Christ. It is graced with divers good buildings; hath for Divine worship fourteen Parish Churches besides its Cathedral, a spacious building. It is governed by a Mayor, Aldermen, Recorder, and other Sub-Officers; enjoyeth large Immunities, sendeth Burgesses to Parliament, and is well Inhabited and traded unto. The Arms of this City is, Gules, three Martlets, Or, on a Chief, Argent, a Lion passant guardant of the second.

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ROCHESTER, also seated in Kent, an ancient City, no less pleasantly than commodiously seated on the banks of the Medway, over which it hath a stately Stone-bridge, susteined by divers Arches. The City is not large, having but one principal Street, which is well inhabited by Tradesmen. It is governed by a Mayor, Court of Aldermen, Recorder, with other Sub-Officers, and hath the election of Parliament men. The Arms belonging to them is, Argent, a Cross, Gules, with an R in the Center, Or, in Chief, a Lion of England.

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LANCASTER, pleasantly [...] seated on the banks of the Lune, over which it hath a fair Stone-bridge; a Town of good antiquity, and at present indifferent large, containing several well ordered streets; its Houses are well built, but of no great trade, nor over-well inhabited. It is a Town Corporate, governed by a Mayor, two Bailiffs, twelve Brethren, four and twenty Burgesses, two Chamberlains, a Recorder, &c. and amongst its Immunities, sends Burgesses to Parliament. The Arms of this Town, Party per Fess, Vert and Gules, in Chief, a Quadrangle of Castles walled, Argent, and in a Base Lion of England.

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LEICESTER, the chief Shire Town, pleasantly seated on the banks of the Stour; a Town more famous for its antiquity than beauty, being said to be built by King Lear 844. years before the birth of Christ. It is a Borough-Town, sending its Representatives to Parliament, and is governed by a Mayor, Aldermen, and Sub-Officers. The Arms that this Town beareth is, Gules, a Cinquefoil pierced, Ermyn.

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LINCOLN, pleasantly seated on the banks of the Witham, where it divideth it self into several streams, and is passed over by divers Bridges. It is a City of great antiquity, and hath been far more spacious and magnificent than now it is; for (according to William of Malmsbury) it was one of the best peopled Cities in the Island, and contained fifty Parish Churches, which now are reduced to fifteen. It is at present a large, well inhabited and frequented City, enjoyeth a good trade, is dignified with a See of the Bishop, enjoyeth several Immunities, sendeth Burgesses to Parliament, is governed by a Mayor, two Sheriffs, twelve Aldermen, a Recorder, and other SubOfficers; and is a County of it self, whose liberties extend twenty miles in compass, and is called The County of the City of Lincoln. The Coat-Armour belonging to this City is, Argent, on a Cross, Gules, a Flower de Lis, Or.

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STAMFORD, seated on the edge of the County adjoyning to Rutlandshire and Northamptonshire, from which it is parted by the River Weland. It is a fair, large, and well built Town Corporate, containing several streets, is beautified with well built Houses; for Divine worship hath six Parish Churches, is begirt with a Wall, is well inhabited and frequented, and enjoyeth a good trade, especially for Mault here made in great abundance. The Town is governed by a Mayor, Aldermen, Recorder, and Sub-Officers, enjoyeth several immunities, and sends Burgesses to Parliament. The Coat of Arms belonging to this Town is, per Pale, Gules, three Lions passant guardant, Or, and Checky, Or and Azure.

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MONMOVTH, the chief Town in the County so called, a place no less pleasantly than commodiously seated on the Rivers Wye and Munow; a fair, large, well built, inhabited and frequented Town, enjoying large Immu [...]ities, sendeth Burgesses to Parliament, is governed by a Mayor, two Bailiffs, fifteen Common-Councellors, and other Sub-Officers. The Armorial Ensign of Honour belonging to this Town is, three Cheverons, surmounted by a Fess,

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NORWICH, the chief place in the County of Norfolk, a City of great splendor and antiquity, which hath sufficiently withstood the shocks of ill Fortune; notwithstanding it is at present a fair, large, well built, populous and well frequented City, numbring thirty Parish Churches be [...]ides Chappels; enjoying a great trade, especially for its Stuffs, Stockings, and other Manufactures here made. It is a City which enjoyeth large Immunities, sendeth Burgesses to Parliament, is governed by a Mayor and other Officers, and is dignified with an Episcopal See. The Coat-Armour belonging to this City is, Gules, a Castle tripletowred, Argent, in Base, a Lion of England.

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NORTHAMPTON, the chief Shire-Town pleasantly seated on the River Nyne, over which it hath two Bridges: A large Town numbring 4 Parish Churches, and is now (since the late fire which almost consumed it to ashes) replenished with well built Houses, being in great likelihood to be more splendid than formerly. The Inhabitants enjoy a very considerable trade for an inland Town, especially for Leather and Shoes. The Town is governed by a Mayor, two Bailiffs, twelve Magistrates, a Recorder, with Sub-Officers, enjoyeth ample Immunities, and sendeth Burgesses to Parliament. The Coat-Armour beloning to the Corporation is, Gules, a Watch-tower on a Hill, proper, supported by two Lions rampant, Or.

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PETERBOROW, a City in Northamptonshire, well seated on the River Aufona or Nen, over which it hath a Bridge which leadeth into Huntingtonshire. It is a City of great antiquity, but suffered much by the destructive hand of the merciless Danes. It is a place of no great extent, having but one Parish Church besides its Cathedral, but is replenished with well built Houses. Amongst its Immunities, it sends Burgesses to Parliament, is the See of a Bishop, and beareth for its Coat-Armour, [...] two Keys in Saltire, between four cross Croslets fitchee,

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NEWCASTLE, commodiously seated on the banks of the Tyne, over which it hath a fair Stone-bridge, sustained by twelve Arches. It is a large Town, being about two miles in circuit, being environed with a strong thick Stone-wall, which hath seven Gates for entrance, with many round Towers and square Turrets; its Houses are well built, and its Streets fair and well ordered; for Divine worship hath four Churches; is a place very well inhabited by Merchants and Tradesmen, and enjoyeth a considerable Trade both by Sea and Land, having several Vessels belonging to the Town; but is of chief note for its Coal-trade, [Page] for which it is famous. It is a Town well served with Provisions, having two Markets weekly besides its Shambles. Here is an eminent Grammar School for the education of Youth. It is a Town and County of it self, being incorporate and governed by a Mayor, Recorder, ten Aldermen and a Sheriff, with several Officers attending the Mayor, as a Sword-bearer with a Cap of Maintenance, the Water-Bailiff with the great Mace, and seven Serjeants at the Mace; also the Town-Clerk, and Clerk of the Chamber, two Coroners, and eight Chamberlains. The present Mayor and Aldermen for the Year 1676. is, Tho. Ienison Esq Mayor, Sir William Blacket Baronet, Alderman, Sir Robert Shaftoe Kt. Recorder, Serjeant at Law, Sir Francis Anderson Kt. Mark Milbank Esq Henry M [...]ddison Esq Henry Brabbant Esq Ralph Ienison Esq Thomas Davison Esq William Carr Esq Ralph Grey Esq and Timothy Davison Esq Aldermen, Henry Ienison Esq Sheriff. The Mayor hath his Common-Councel consisting of six and thirty. Amongst the Immunities that this Town enjoyeth, it sends Burgesses to Parliament. The Arms belonging to the Town is, Gules, three Castles, Argent; their [...] is out of the Battlement of a Castle, Argent, a demy Lion rampant, Or, sustaining a Flag with St. George's Cross: their Supporters are two Sea-horses, Agent.

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NOTTINGHAM, the chief Shire Town, of a pleasant situation, a large Town, beautified with well built Houses, hath fair Streets, and a spacious Market-place. It is a Town of great antiquity, as is evidenced by its many places of remark yet to be seen. It is a Town well inhabited and frequented, enjoying a very good trade for an Inland Town; amongst its Immunities, sends Burgesses to Parliament, is governed by a Mayor, six Aldermen, two Sheriffs, with Sub-Officers; and beareth for their Coat-Armour, Argent, two ragged Staves in cross, Vert, between three Coronets, two in Chief, and one in Base, Or, the ragged Staff in Pale, passing through the Coronet in Base.

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OXFORD, the glorious Seat of the Muses, a place of great antiquity, and at present a fair and stately City, adorned with well built Houses, and beautified with divers curious structures; as the King's Palace, now the Manor-House, the sixteen Colledges, eight Halls, the Schools; wherein is a famous Library, and a stately Theatre erected at the sole charge of Gilbert Sheldon late Lord Arch-bishop of Canterbury. It is honoured with an Episcopal See, sendeth four Burgesses to Parliament, two for the University, and two for the City, and enjoyeth ample Immunities. It is a large City, numbring fourteen Parish-Churches besides its Cathedral, and of a pleasant situation on the banks of the Isis, and in a healthful Air, which makes it to be the better inhabited. The Arms belonging to this City is, Bendy wavy, Argent and Azure, an Ox, Gules, passing over a Ford, proper.

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OKEHAM, the chief Town in Rutlandshire, [...]eated in a rich Valley, an indifferent good and well inhabited Town. Here is an ancient priviledge or custome which the Inhabitants claim, that is, if any Nobleman enter within their Precinct or Lordship, as an homage he is to forfeit one of his Horse's shoes, unless he redeem it with mony; and the truth of this is apparent by the many Horseshoes nailed up on the Shire-hall door; and their badge is a Horshoe.

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SHREWSBVRY, the chief Town in Shropshire, pleasantly seated on the banks of the Severn, which encompasseth it on all parts, except towards the North. It is a place which for largeness, numbring five Parish Churches besides a Chappel, neatness of buildings, largeness and variety of streets, and populousness, may be ranged with Cities in the first rank. It is a place of a great resort, enjoyeth a great trade, and is well inhabited both by the English and Welsh. It is governed by a Mayor, four and twenty Aldermen, and eight and forty Common-Councel, and hath a Recorder, [Page] Steward, and Town-Clerk. It sendeth its Representatives to Parliament, and enjoys several Immunities. Their Coat-Armour is Azure, three Leopards heads, Or.

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BATH, a City in Somersetshire, seated on the Avon, over which it hath a fair Stone-bridge. It is a place of great antiquity, as doth appear by the several Roman Inscriptions and Images commonly found in the City Walls; and where the Abby now standeth, 'tis said, was a Temple consecrated to Minerva the Goddess of Fountains and Rivers. This place is famous for its Baths, found good for the curing of Aches and other Distempers in the body of man, which doth occasion it to be well inhabited and resorted unto. It is a fair, neat City, governed by a Mayor, Aldermen, and Common-Councel, with Sub-Officers; enjoyeth several Immunities, sendeth Burgesses to Parliament; and beareth for its Armo [...]ial Ensign of Honour, as is here depicted.

WELLS, another City in Somersetshire, of no large extent, but well inhabited, and of good account, being the See of a Bishop, under whose Jurisdiction is that of Bath. Its buildings are fair and good, its Cathedral a stately Pile of building, adjoyning to which is the Bishop's Palace. This City is governed by a Mayor, seven Masters, sixteen Burgesses, a Recorder, Town-Clerk, &c. and hath the election of Parliament men.

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LITCHFIELD in Staffordshire, a City of great antiquity and note in former times. It is indifferent large, containing three Parish Churches besides its Cathedral, a beautiful structure, adjoying to which is the Bishop's Palace; its Houses are well-built, and its Streets well ordered The government of the City is committed to the care of two Bailiffs and a Sheriff (which are elected out of four and twenty Burgesses) a Recorder, Town-Clerk, &c. it sends Burgesses to Parliament; and beareth for its Coat-Armour in an Escocheon, a Landskip with divers Martyrs in several manners massacred.

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STAFFORD, the chief County-Town, where the Assizes and Sessions are held for the County. It is a fair Town, beautified with two Parish Churches, a Free-School, a fine square Market-place, and other good Buildings, and its Streets are large and paved. It is governed by a Mayor and Burgesses, hath a Recorder, Town-Clerk, &c. it electeth Parliament men, and enjoys ample Priviledges. The Coat-Armour is Or, on a Cheveron, Gules, a true Lovers Knot of the first.

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IPSWICH, the chief place in Suffolk, which for its largeness containing twelve Parish Churches besides St. George's Chappel, its divers Streets, populousness, and trade both by Sea and Land, may deservedly be reckoned for a City. 'Tis a Town Corporate, well priviledged, sends Burgesses to Parliament, is governed by two Bailiffs yearly chosen out of 12 Portmen, and four and twenty Common-Councel, also a Recorder, Town-Clerk, and other Sub-Officers. The Arms of this Town is, per Pale Gules and Azure, a Lion rampant, Or, between three Sterns of Ships, Argent.

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CHICHESTER, the chief place in Su [...] sex, seated on the banks of the Levant, which at a small distance loseth it self in the Sea. It is an indifferent large City, numbring five or six Parish Churches besides its Cathedral. It is beautified with good buildings and spacious streets, especially the four that lead from the four Gates of its Wall, and cross one another at the Market place. It is a City endowed with many Priviledges, and sendeth Burgesses to Parliament. It is governed by a Mayor, Aldermen, Recorder, and Sub-Officers; and beareth for its Coat-Armour, Guttee, Argent and Sable, on a Chief engrailed, Gules, a Lion of England.

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COVENTRY, the chief place in Warwickshire, a City situated near the Centre of England, bounding the Campane from the Woodland, drawing in the advantages of both: Ancient, as Arviragus the Brittish King, made eminent by the Mercian Leofrick, famed by successive Lords and Kings of England; heretofore intrusted with a Mint-Royal, graced with the Session of the highest Judicature, the Kings Bench, and styled Camera principis; favoured with a wholsome and temperate Air; its Approaches, Avenu's and Ambient Walks, grateful and pleasing to all beholders; for spacious and continued Cause-ways not equalled by any City in England, nor inferiour to most for clean and well paved Streets, refreshing Springs, useful Aquaducts, and goodly publick Structures; once a famous Mart and Empory, resorted to for Commerce and Trade from Ireland, the Northwest and other parts of England; leaving us its large Vaults, Ware-houses, Cellarages, Drapery, Steel-yard, and publick Halls, as indications of its former opulency and splendour.

It offers to view, amongst other remarkables, four Steeples and three Churches, whereof two are Parochial, viz. Trinity and St. Michaels; that, an ancient well built Church, in form Cathedral, which being impaired by a late fall of its beautiful Spire, is since restored to its former lustre at a vast expence and charge: this, a stately, large, and brave inlightned Fabrick; a curious Shell, whose Content is one hundred yards in length, and seven and twenty yards in breadth, besides several Isles and Chappels both on the North and South sides thereof, supported by neat and slender Pillars, with five Isles, whose Steeple for tower and lofty tapering Spire gives place to none in England. Bablack Church (one of the three) is a solid Antique Structure, its form Collegiate, where Divine Offices are performed but at some Festivals in the year.

It hath gloried in a matchless Wall; and though its form was irregular for a defensible Fortification, yet was it built strong, broad, high, and large in circumference, now only guessed at by its ruins and its twelve lofty Ports o [...] Gates yet standing.

No place compares with this City for a most beautiful Cross of large dimensions and height, adorned with variety of Statues, Figures, and Sculptures, richly laid over with Gold, and set off with becoming Colours.

It hath (among others) one magnificent Hall called Aula Sanctae Mariae, fit for a celebrious Congress or Assembly.

Here is a fair Grammar School, founded by Iohn Hales Esquire, yet styled Schola Regis Henrici Octavi; and another School of late erection for poor Children by Mr. Christopher Davenport, late Alderman. Appendant to both is a Library with learned Authors, both Print and Manuscripts; of which Schools the Mayor and Aldermen of this City are Visitors. The Hospitals are 2, well and plentifully providing for twenty Blue-Coats, eleven poor men in black Gowns, and two Nurses in the one, and eight other married Couples in blue Gowns in the other, and a Nurse.

To it is annexed very large and rich Commons, great Annual Loans and G [...]fts distributed amongst poor young and hopeful Tradesmen, together with frequent remembrances of some noble Benefactor or other, who intrustred the City to dispose of their bounty to others, as among themselves, viz. forty pounds per Annum to St. Iohns Colledge in Oxford, and forty pounds per Annum to several other Cor-Proporations.

Also near the said City, at a Pool called Swanswell, is a Spring which filleth a seven Inch Diameter, of which water the quantity of five Tun an hour is daily raised to the top of a Turret six and thirty foot high, by a stream out of the said Pool containing nine cubical Inches, which moveth an overshot Wheel and a triangular Crank with Ballances and Buckets, being an heaving or lifting Engine; from hence the water is conveyed into the Streets of the City and Houses of such Inhabitants as will and do take the said water at an Annual Rent. This Water-work was begun by Thomas Sargenson Mason, and Bartholomew Bewley Plumber, in the year 1630. and hath been since altered and put into the form it now worketh, in the year 1658. and so continued by Thomas Bewley, Son of the said Bartholomew, who is the present prietor.

The City is owner of a rich Delf or Mine of Coles near adjoyning to it, which is hoped will in a little time add much to its Revenue, the present Undertakers using that method for the mastering of the Water, which the inadvertency of former Undertakers either could not contrive, or at least not effectually prosecute.

The staple Commodity of the place is Cloth; but to how low an ebb that trade is now come to, every place can report and competently judge, as well as this City.

Its Government consists of Annual Officers, ten Aldermen or Justices, with two standing Councels, viz. the Upper, the Second or Common-Councel. The Annual Officers are the Mayor, Recorder, two Sheriffs, Steward, Coroner, two Chamberlains, tow Wardens, and some other Attendant and Ministring Officers.

The Mayor is the eye of the Body, the King's immediate Lieutenant, having the precedency [Page] of all. Prince Henry himself, when in Coventry, refused to take the better hand of him when modestly the Mayor offered it, saying, He would not resume a right of his Fathers Graunts.

This Authority is Solitary or Social: Solitary, as to be Clerk of the King's Market, Steward and Marshal of the King's House, to be in Commission for Arrays, and Head of the twelve Companies. Social, in the upper Councel, which consists of Aldermen and some Candidates for the Majoralty, where he orders and manageth the particular Affairs and Revenues of the City, distributes the bounty of Benefactors, sometimes calling in the Assistance of the second Councel, arbitrarily chosen by him and his Brethren, out of the wealthiest and discreetest Citizens, and consisting of five and twenty, who are as Witnesses of their just administrations, as well as Advisors, in all Alienations of City Lands and Grants of other nature.

The Aldermen are Justices of the Peace in as full Latitude as any other, having ten Wards or Precincts assigned them, with an Appropriation of a Ward to each Alderman, as to some respects, though otherwise every one is Justice throughout, both as to the City and County of the City, which is of large extent. Of these Justices there are of the Quorum four, viz. the Mayor, Recorder, and two eldest Aldermen.

The Mayor's Insignia are a Sword, a Hat of Maintenance, a great Mace, and six smaller, with a Tip-staff; the Robes black, lined with Furr, and on solemn and festival days Scarlet lined with Foins.

The present Aldermen and Justices for the year 1676. are William Ielliff Alderman, now Mayor the second time; the Right Honourable Iames Earl of Northampton one of his Majesties Privy Council, Recorder; Ioseph Chambers, Iames Nailer, Iulius Billers, William Vale, Ralph Phillips, Nathaniel Harryman, Thomas King, Thomas Bewley, Abell Brooksby, Humfry Burton Coroner, Sir Richard Hopkins Kt. Serjeant at Law, Steward.

As to the Rights, Immunities, Priviledges, when and by whom granted, together with all other things coincident to this City, from its first appearance to its ascending Grandure and Declining or Cadency, they are most amply and learnedly mentioned to our hand by the Pen of the learned Mr. Dugdale, Norroy King of Arms, to whom we referr the Reader.

The Arms belonging to this City are, parted per Pale, Gules and Vert, an Elephant, Argent, on a Mount, proper, bearing a Castle on his back, Or.

WARWICK, the Shire-Town, of good account, being the place where the Assizes and general Sessions for the County are kept; it is indifferent large, containing two Parish Churches, besides some demolished; its Houses are well built, its Streets spacious and good; is a place well inhabited, and enjoyeth a good trade, especially for Mault. It is governed by a Mayor, twelve Brethren, four and twenty Burgesses for Common-Councel, a Recorder, &c. s [...]nds Burgesses to Parliament. The Arms born by this Town is, a Castle triple-towred, having on the dexter side the Sun in its glory, and on the sinister a Crescent, on the top of the two fronting Towers stand two Watchmen with this Inscription upon the Ring of the Seal, Sigillum Ballivi Burgensium Warwici.

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APPLEBY (anciently Aballaba) was a City in the time of the Romans, and the chief Town in Westmerland (as it remains still) at, and before the Norman Conquest; insomuch that the County took Name from it, and was sometimes called the County of Appilby. It is traditionally reported concerning this place, That it was under the Jurisdiction of a Mayor, when London was only govern'd by a Bailiff; which how true it is, I shall not concern my self; but the beginning of the Majoralty of London (formerly governed by Portgraves) is commonly reckoned from the first year of Richard the First: and Appleby had a Charter from Henry the First (who was Son to the Conqueror) of very great Priviledges confirm'd by King Iohn (as is yet to be seen) and all the Kings of England successively. It continued a place of great account till 1176. (the 22 of Hen. 2.) at which time it was utterly destroyed by the incursion of the Scots under William their King, as appears from a Stone in the School-Garden-House. And it should seem then, in regard of its Loyalty and Sufferings, this King took compassion upon it, and (in all probability) builded their Church dedicated to St. Lawrence; and for their Arms gave them his own Coat, with an honorary distinction, Gules, three Lions passant guardant in Pale, crowned, Or, with this Inscription on their Seals, SIGILLVM COMMVNITATIS BVRGII DE APPILBY; and on the Reverse St. Lawrence on the Grid-Iron, kept down by force, and burning in the Flames, from which ariseth a Flag or Standard with three Lions (as before) and the Devise this, HIC IACET LAVRENTIVS IN GRATICVLA POSITVS, to shew it resisted even unto [Page] fire. Now this King Henry the Second was the first (as all Antiquaries agree) who bare for his Arms three Lions; and therefore it must needs be a great honour to the place, and undoubted sign or token of its Loyalty (a quality for which it now is, and ever was famous) that he should signalize it with his own Coat, distinguished only by an honourable addition of three Crowns. And though Mr. Cambden (whose footsteps Speed followeth) tells us, out of William of Newburg, That William King of the Scots took this place and Brough by a sudden surprise, a little before he himself was taken at Aulnwick in Northumberland (which is very true); yet they are all mistaken in this, That these two places were not recovered till King John's time; for 'tis certain, The Scots (after the Country had got themselves into an Array) were beaten back, and their King taken Prisoner: And 'tis certain also, that though King Iohn did bestow them on Robert de Veteripont for his good service; yet he recovered them not from the Scots, for they came into his hands (propter transgressionem factam per Hugonem de Morevilla) by reason of the forfeiture of Hugh de Mervil (a great man in those parts and the same (if I mistake not) that killed Thomas a Becket) as was given in upon Inquisition taken at York, die Iovis proximo post mediam quadragesimae Anno Regni Regis Edwardi 3.

And notwithstanding this fatal overthrow, [...]o much of the Town was continued, till the Reign of Richard the Second (who began in 1377) that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Burgage, which amounts to two thousand two hundred Burgages, besides other Houses: But in 1388. (as appears by Records) die Martis in festo Sancti Stephani Martyris (which was about the eleventh of Richard the Second) it was so burn'd down and wasted by the Scots, that of that Rent, upon several Inquisitions found and returned, there remained to the King only two Marks per Annum, so that nine parts in ten were utterly destroy'd.

But notwithstanding this great devastation that was never repaired, it doth still retain its ancient Priviledges, which are in every respect the same with York, as appears from the confirmation of Henry the Third (in whose time here was an Exchequer, called by the Name of Scaccarium de Appleby) and King Iohn [...]s Charter, which I have seen; wherein is expressed and firmly commanded, That his Burgers of Appleby shall have and enjoy all the Liberties and free Customes which his Burgers of York have, well and peaceably, freely and quietly, fully, wholly, and honourably (with a Prohibition, That none shall attempt to disturb them thereof); And also, That they shall be free from Toll, Stallage, Pontage, and Lestage all England over; praeterquam in Civitate London, nisi forte Cives Eobor' quietantias inde habent libertates suas in Civitate London; which exception doth very much confirm and strengthen their Priviledges to them.

The Corporation consists at present of a Mayor, with two Bailiffs, a Court of Aldermen, twelve in number, a Recorder, Common-Councel, and Serjeants at Mace, with their Attendants: And (if the Town were able to bear it) might take the same Priviledges with York in every thing, according to their Charter, which has been confirmed by all the succeeding Kings of England; and if any would know what those Priviledges are more particularly, I referr him to York, where he may possibly meet with satisfaction. In the mean time take these which are now in practice at Appleby, viz.

They have power to Arrest for any Sum without limitation.

To elect and send two Burgesses to Parliament.

To acknowledge Statute-Merchant before the Mayor.

To take Toll both in Fairs and Markets.

To seize Felons goods, Felones de se, Waifes, Strayes, Forfeitures, and Escheats; all which do belong to the Mayor for the time being, who takes place of the Judges of Assize, as the Lord Mayor of York is wont to do.

Their Aldermen are some of them Gentlemen of the Country, for the greater honour and credit of the Town, who in time of their Majoralty have their Propraetors or Deputies there. The present Mayor and Aldermen for the present year are, Iohn Thwaites Esquire, Mayor, Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return, and tore in pieces Oliver's Charter in open Court, before he would accept of that Office, which he had declined all Oliver's time: Richard Brathwate of Warcop, Esq and Justice of Peace, who contested with the Judges, and took place of them Virtute Chartae, Robert Hilton of Morton, Esquire, Justice Jf Peace, Edward Musgrave of Askeby Esq oustice of Peace, Thomas Warcop of Colby, Gentleman, Iohn Routlidge of [...] Gent. Alderman Leonard Smyth, Alderman William Smyth, Alderman Robert Harrison, Alderman Iohn Lawson, Alderman Thomas Robinson, Alderman Iohn Atkinson, which six last are all of Appleby.

Appleby was very eminent for its Loyalty in the late Civil Warrs, and most of the Aldermen (except those whom Oliver Cromwell obtruded upon them) suffered many imprisonments during his Tyranny; and so likewise did most of the Gentry round about: for it is the glory of the County of Westmerland, that there was not one Person of quality in it who took up Arms against his King, and but two or three in Cumberland.

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SALISBVRY, the chief place in Wiltshire, a City of great antiquity, and in the time of the Romans, of great fame; at present a fine, neat, and well bui [...]e City, beautified with fair and well built Houses; its Streets are commodious and large, hath a stately Minster or Cathedral, to which adjoyneth the Bishops Palace. It is a place well inhabited and frequented, enjoyeth a good trade, and amongst its Immunities sendeth Burgesses to Parliament. The Arms belonging to this City are, Azure, a Sword and a Key in Saltire, Or, on a Chief, Argent, three Lozenges, Gules.

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WORCESTER, the chief Shire-Town, commodiously seated on the Banks of the Severn, over which it hath a fair Stone-bridge with a Tower upon it. It is a City of great antiquity, and at present of good account, being graced with well built Houses and well ordered streets, is well inhabited, enjoyeth a good trade, especially for its Clothings here made in great quantities. It is a place of a good largeness, containing nine Parish Churches besides its Cathedral: It is governed by a Mayor, a Sheriff, six Aldermen, four and twenty principal Citizens, eight and forty Common-Councel-men, two Chamberlains, a Recorder, Town-Clerk, &c. The Arms of this City is, Argent, a Fess between three Pears, Sable.

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YORK, next to London, claims the Priority of all Cities in the Kingdom, a City of great antiquity and fame in the time of the Romans; nor hath it been much eclipsed in its lustre in all succeeding Ages, and is at present a large, fair, and beautiful City, numbring thirty Parish Churches, and adorned with many splendid Buildings, both publick and private; it is very populous, and much resorted unto, and inhabited by Gentry and wealthy Tradesmen. It is a City and County of it self, enjoying ample Immunities, sendeth Burgesses to Parliament, is governed by a Lord Mayor, twelve Aldermen clad in Scarlet, two Sheriffs, twelve Common-Councel, a Recorder, eight Chamberlains, and other Sub-Officers. It is a place of great strength, being encompassed with a strong Wall, on which are many Turrets and Watch-houses, and hath for entrance four Gates and five Posterns. The Coat of Arms belonging to this City is, Argent, on a Cross, Gules five Lions passant guardant, Or.

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HVLL, a Town of no great antiquity, but of considerable account, being very large (though containing but two Parish Churches) is graced with fair buildings and well ordered and paved streets, is very well inhabited and frequented by Merchants & Tradesmen, having good store of Vessels belonging to the Town, and the more by reason of its Commodious Haven, Custome-house, and Key, its Inhabitants driving a considerable inland and beyond-sea Trade for divers good Commodities. It is a place of an impregnable strength, and that made so as well by Nature as by Art. It is a Town and County Incorporate of it self, electeth Parliament men, is governed by a Mayor, twelve Aldermen, a Common-Councel, with other Sub-Officers, and have ample Immunities granted unto them. The Coat-Armour born by this Corporation is, Azure, three Coronets in Pale, Or.

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RICHMOND, seated on the River Swale, over which it hath a Stone-bridge, which said River was by the ancient English esteemed very sacred, for that in it Paulinus the first Archbishop of York, baptized in one day above ten thousand men, besides women and children. It is a large Town Corporate, containing two Parish Churches, is graced with well-built houses, its Streets are paved and well ordered, hath a spacious Market place, is well inhabited by Gentry and Tradesmen, enjoyeth a good Trade chiefly for Stockings, and Woollen knit Caps for Sea-men. It is governed by a Mayor and Aldermen, with-Sub-Officers, and amongst its Immunities sends Burgesses to Parliament. The Arms of this Town is, Gules, an Inner Bordure, Argent, over all a Bend, Ermyn.

A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility.

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FIRST PART. HONOVR MILITARY.

OF Warr, and the causes thereof.

fol. 3

Of Souldiers

4

Of Embassadors or Legats

5

Of Warr, and the inclination of the English to it

ibid.

Of Captains, Generals, Marshals, and other chief Commanders.

7

SECOND PART. HONOVR CIVIL.

CHap. I. Of Honour general and particular,

11

Of Gentry, and bearing of Arms

12

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

13

Of precedency

ibid.

Chap. II. Of the King, or Monarch of Great Britain

19

Chap. III. Of the Prince

24

Chap. IV. Of Dukes

32

The form of a Patent of the Duke of York, temp. Jacobi.

33

Ceremonies to be observed in the Creation of a Duke

36

Chap. V. Of Marquisses

37

Chap. VI. Of Earls

39

Chap. VII. Of Viscounts

44

[Page] Chap. VIII. Of Lords Spiritual

45

Chap. IX. Of Barons

48

The definition of a Baron

ibid.

The Etymology of the name of a Baron

ibid.

The antiquity and dignity of Barons, and the sundry uses of the Name

49

The tenor and proper signification of the word Baron

ibid.

Chap. X. Barons of Tenure

50

Chap. XI. Barons by Writ

52

Chap. XII. Barons by Patent

56

Chap. XIII. Priviledges incident to the Nobility, according to the Laws of England

59

Certain Cases wherein a Lord of the Parliament hath no priviledge

65

Chap. XIV. Nobility and Lords in reputation only

68

Chap. XV. Of the Queen Consort, and of Noble Women

69, 70

Ladies in reputation

75

Chap. XVI. Of Knighthood in general

77

Chap. XVII. Knights of the Garter

79

Chap. XVIII. Of Knights Bannerets

84

Chap. XIX. Of Baronets

85

The president of the Patent of Creation of Baronets

88

The Catalogue of the Baronets of England according to their Creations

91

Chap. XX. Knights of the Bath

105

A Catalogue of the Knights of the Bath made at the Coronation of King Charles II.

107

Chap. XXI. Of Knights Batchelors

108

Observations concerning Knights Batchelors

116

Of degrading of Knights

117

Chap. XXII. Knights of the round Table

118

Chap. XXIII. Knights of the Thistle, or of St. Andrew

120

Chap. XXIV. Orders of Knighthood in Palestine and other parts of Asia

121

Knights of the holy Sepulchre in Jerusalem,

ib.

Knights Hospitalers of St. John Baptist in Jerusalem, now called Knights of Malta

122

Knights Templars

ibid.

Knights of St. Lazarus

123

Knights of St. Bass

ibid.

Knights of St. Katherine at Mount Sinai

ibid.

Knights of the Martyrs in Palestine

ibid.

Orders of Knighthood in Spain.

Knights of the Oak in Navar

124

Knights of the Lily in Navar

ibid.

Knights of the Band

125

Knights of the Dove in Castile

ibid.

Ordo de la Scama in Castile

ibid.

Knights of the Lily in Aragon

ibid.

Knights of Mountjoy

ibid.

Knights of Acon or Acres

ibid.

Knights of St. James in Galicia

126

Knights of St. Saviour in Aragon

ibid.

Knights of St. Julian de Pereyro, or of Alcantara

ibid.

Knights of Calatrava in Castile

ibid.

Knights of Truxillo

ibid.

Knights of our Lady, and of St. George of Montesa in Valencia

127

Knights of St. Mary de Merced in Aragon,

ibid.

Knights of the Rosary in Toledo

ibid.

Orders of Knighthood in Flanders.

Knights of the Golden Fleece, or Toison d'Or

128

Orders of Knighthood in Portugal.

Knights d'Avis

129

Knights of the Wing of St. Michael

ibid.

Knights of St. James

130

Knights of Christ

ibid.

Orders of Knighthood in France.

Knights of Iesus Christ

131

Knights of the Passion of Iesus Christ

ibid.

Knights of the blessed Virgin Mary of Mount-Carmel

132

Knights of St. Michael

ibid.

Knights of St. Esprit

ibid.

Knights of the Order of the Genet

133

Knights of the Crown Royal amongst the Frizons

ibid.

Knights of our Lady of the Star

ibid.

Knights of the Thistle of Bourbon

ibid.

Knights of the Porcupine

134

Knights of the Croissant of Anjou

ibid.

The Order of the Ermyne in Bretagne

ibid.

Degrees of Knighthood in Italy.

Knights of St. Mary the Glorious

135

Knights of the Holy Ghost in Saxia at Rome

ibid.

The Constantinian Angelick Knights of Saint George, formerly in Greece

136

Knights of St. Peter at Rome

ibid.

Knights of St. George at Rome

ibid.

Knights of St. Paul at Rome

ibid.

Knights called Pios at Rome

ibid.

Knights of Loretto

ibid.

Knights of the Glorious Virgin Mary at Rome

137

Knights of Jesus at Rome

ibid [...]

Knights de la Calza in Venice

ibid.

Knights of St. Mark in Venice

ibid.

Knights of St. George at Genoa

ibid.

Knights of St. Stephen at Florence

138

Knights of the Knot in Naples

ibid.

Knights of the Argonauts of St. Nicholas in Naples

ibid.

Knights of the Ermyne in Naples

ibid.

Degrees of Knighthood in Savoy.

Knights of the Annunciation

139

Knights of St. Maurice

140

Knights of St. Maurice and St. Lazarus

ibid

[Page]Knights of the Bear in Switzerland

141

Degrees of Knighthood in Germany.

Knights of the Tutonick Order of Prusia

142

Knights of St. Jerom

143

Knights of St. George in Austria and Carinthia

ibid.

Knights of St. Michael the Archangel

ibid.

Knights of St. Anthony of Hainolt

144

Knights of the Tusin Order in Bohemia

ibid.

Knights of St. Hubert in Juliers

ibid.

Knights of the Order of St. James in Holland

ibid.

Degrees of Knighthood in Swedeland.

Knights of the Brician Order

145

Knights of Seraphins

ibid.

Knights of Amarantha

ibid.

Knights of the Order of the Elephant in Denmark

146

Degrees of Knighthood in Poland.

Knights of Christ, or of the Sword-Bearers in Livonia

147

Knights of the white Eagle

ibid.

Knights of the Order of the Dragon overthrown in Hungary

148

Knights of the Order of the sword in Cyprus

ibid.

Knights of St. Anthony in AEthiopia

149

Knights of the Burgundian Cross in Tunis

ibid.

Knights of the West-Indies

150

Chap. XXV. Of Esquires [...]

151

Chap. XXVI. Of Gentlemen

154

The priviledges of the Gentry

156

Chap. XXVII. Of Yeomen

158

Chap. I. The second Part of Honour Civil, treats of the Priviledges, Coat-Armour, &c. of London, and the Cities and chief Towns Corporate in England

161

London, its Government, Courts, &c.

162

The Names of the Lord Mayor, and Alderme [...]

164

The Incorporated Companies of Merchants

ibid.

The chief Companies of London

167

Chap. II. Treats of the Cities and Shire-Towns of England.

Counties | Towns | f [...]l.
Berks | Reading | 170
Bedfordshire | Bedford | ibid.
Bucks | Buckingham | ibid.
Cambridgshire | Cambridge | ibid.
Cambridgshire | Ely | ibid.
Cheshire | Chester | 171
Cornwall | Launston | ibid.
Cumberland | Carlisle | ibid.
Derbyshire | Derby | ibid.
Devonshire | [...]xeter | ibid.
Devonshire | Barnstable | ibid.
Dorsetshire | Dorchester | 172
Durham | Durham | ibid.
Essex | Colchester | ibid.
Glocestershire | Bristoll | ibid.
Glocestershire | Bristoll Merchants | ibid.
Glocestershire | Glocester | 173
Hantshire | Winchester | ibid.
Hantshire | Southampton | ibid.
Hertfordshire | Hertford | ibid.
Herefordshire | Hereford | ibid.
Huntingtonshire | Huntington | 174
Kent | Canterbury | ibid.
Kent | Rochester | ibid.
Lancashire | Lancaster | ibid.
Leicestershire | Leicester | ibid.
Lincolnshire | Lincoln | ibid.
Lincolnshire | Stamfor [...] | 175
Monmouthshire | Monmout [...] | ibid.
Norfolk | Norwich | ibid.
Northamptonshire | Northampton | ibid.
Northamptonshire | Peterborow | ibid.
Northumberland | Newcastle | ibid.
Nottinghamshire | Nottingham | 176
Oxfordshire | Oxford | ibid.
Rutlandshire | Oakham | ibid.
Shropshire | Shrewsbury | ibid.
Somersetshire | Bath | 177
Somersetshire | Wells | 177
Staffordshire | Litchfield | ibid.
Staffordshire | Stafford | ibid.
Suffolk | Ipswich | ibid.
Sussex | Chichester | ibid.
Warwickshire | Coventrey | 178
Westmoreland | Apleby | 179
Wiltshire | Salisbury | 181
Worcestershire | Worcester | ibid.
Yorkshire | York | ibid.
Yorkshire | Hull | ibid.
Yorkshire | Richmond | ibid.

A TABLE of the Effigies and Atchievements of the Nobility and Gentry in the Treatise of Honour Civil and Military.

[Page]

The Effigies of the Duke of Albemarle

fol.9

The Effigies of the Earls of Carlisle

10

The Effigies of the Earls of Craven

ibid.

The Effigies of the Lord Bellasis

ibid.

The Effigies of Bertram Ashburnham

ibid.

The Effigies of the Lord Chancellor Finch

14

The Effigies of the Earl of Shaftesbury as Lord Chancellor

14

His Majesties Effigies

19

His Majesties Atchievement

19

DUKES.

The Effigies of the Duke of Buckingham

32

Atchievements. | numb. | [...]ol.
D. of Albemarle | 6 | 32
D. of Buckingham | 5 | 32
D. of Grafton | 11 | 32
D. of Monmouth | 7 | 32
D. of Newcastle | 8 | 32
D. of Norfolk | 3 | 32
D. of Richmond | 10 | 32
Prince Rupert | 2 | 32
D. of Somerset | 4 | 32
D. of Southampton | 9 | 32
D. of York | 1 | 32

MARQUISSES.

Effigies of the Marquiss of Winchester

37

Atchievements. |  |
Marquisses of Dorchester | 3 | 37
Marquisses of Winchester | 1 | 37
Marquisses of Worcester. | 2 | 37

EARLS.

Effigies of the Earls of Aylesbury

39

Effigies of the Earls of Burford

39

Atchievements. A

E. of Airly | 77 | 39
E. of Anglesey | 51 | 39
E. of Arlington | 57 | 39
E. of Aylesbury | 55 | 39

B

E. of Banbury | 29 | 39
E. of Bath | 52 | 39
E. of Bedford | 7 | 39
E. of Berkshire | 26 | 39
E. of Brecknock D. of Ormond | 47 | 39
E. of Bridgwater | 15 | 39
E. of Bristoll | 21 | 39
E. of Bullingbrook | 23 | 39
E. of Burford | 68 | 39
E. of Burlington | 56 | 39

C

| numb. | so.
E. of Cardigan | 50 | 39
E. of Carlisle | 53 | 39
E. of Carnarvan | 36 | 39
E. of Castlemaine | 80 | 39
E. of Chesterfield | 38 | 39
E. of Clare | 22 | 39
E. of Clarendon | 48 | 39
E. of Craven | 54 | 39

D

E. of Danby | 64 | 39
E. of Derby | 4 | 39
E. of Denbigh | 20 | 39
E. of Devonshire | 19 | 39
E. of Donegall | 76 | 39
E. of Dorset and Middlesex | 12 | 39
E. of Dover | 32 | 39
E. of Downe | 79 | 39
E. of Droheda | 74 | 39

E

E. of Essex | 49 | 39
E. of Exeter | 14 | 39

F

E. of Feversham | 67 | 39
E. of Fingall | 75 | 39

G

E. of Guilford, D. Lotherdale
62
39

H

E. of Huntington
6
39

I

E. of Incsiquin
73
39

K

E. of Kent | 3 | 39
E. of Kildare | 78 | 39

L

E. of Langford | 72 | 39
E. of Leicester | 16 | 39
E. of Lincoln | 9 | 39
E. of Lindsey | 31 | 39
E. of Litchfield | 61 | 39
E. of Londonderry | 69 | 39

M

E. of Manchester | 25 | 39
E. of Marl [...]orough | 28 | 39
E. of Mougrave | 27 | 39

N

E. of Newport | 37 | 39
E. of Northampton | 17 | 39
E. of Northumberland | 65 | 39
E. of Norwich | 59 | 39
E. of Nottingham | 10 | 39

O

Earl of Oxford
1
39

P

E. of Pembroke | 8 | 39
E. of Peterborow | 33 | 39
F. of Plymouth | 63 | 39
E. of Portland | 40 | 39
E. of Powis | 60 | 39

R

E. of Renelaugh | 71 | 39
E. of Rivers | 30 | 39
E. of Rochester | 44 | 39
E. of Rutland | 5 | 39

S

E. of Salisbury | 13 | 39
E. of Sandwic [...] | 46 | 39
E. of St. Albons | 45 | 39
E. of Scardale | 43 | 39
E. of Shaftesbury | 58 | 39
E. of Shrewsbury | 2 | 39
E. of Stamford | 34 | 39
E. of Strafford | 41 | 39
E. of Suffolk | 11 | 39
E. of Sunderland | 42 | 39
E. of Sussex | 66 | 39

T

E. of Thanet
39
39

W

E. of Warwick and Holland | 18 | 39
E. of Westmoreland | 24 | 39
E. of Winchelsey | 35 | 39

VISCOUNTS.

The Effigies of Viscount Falconbergh

44

Atchievements.

Viscount Brounker
14
44

C

Viscount Camden | 5 | 44
Viscount Conway | 4 | 44

E

Viscount Emula Lord Fairfax
15
44

F

Viscount Falconbergh | 7 | 44
Viscount Fitzharding | 16 | 44

H

Viscount Hallifax | 9 | 44
Viscount Hereford | 1 | 44

K

Viscount Kilmurrey
13
44

M

Viscount Mountague | 2 | 44
Viscount Mordant | 8 | 44

N

Viscount Newport
11
44

S

Viscount Say and Seal | 3 | 14
Viscount Stafford | 6 | 44

Y

Viscount Yarmouth
10
44

Atchievements of BISHOPS.

Canter [...]u [...]y | 1 | 45
Chester | 7 | [...]5
Durham | 6 | 45
Ely | 8 | 45
London | 3, 5 | 45
Sarum | 4 | 45
York | 2 | 45

BARONS.

The Essigies of the Lord Baltemore

48

Atchievements. A

L. Albergavenny | 1 | 48
L. Allington | 67 | 48
L. Arundel of Trerice | 59 | 48
L. Arundel of Wardure | 22 | 48
L. Astley | 43 | 48
L. Aston | 65 | 48
L. Audley Earl of Castlehaven | 2 | 48

B

L. Baltemore | 66 | 48
L. Bellasis | 45 | 48
L. Berkeley of Berkeley | 4 | 48
L. Berkeley of Stratton | 52 | 48
L. Biron | 36 | 48
L. Brook | 24 | 48
L. Butler Earl of Aran | 62 | 48
L. Butler Earl of Ossery | 60 | 48

C

L. Carrington | 39 | 48
L. Chandois | 17 | 48
L. Clifford | 61 | 48
L. Cornwallis | 54 | 48
L. Coventrey | 31 | 48
L. Crew | 57 | 48
L. Crofts | 51 | 48
L. Cromwell Earl of Arglass | 11 | 48
L. Culpeper | 42 | 48

D

L. D'arcy | 6 | 48
L. De la Mere | 55 | 48
L. De la Ware | 3 | 48

E

L. Eure
12
48

F

L. Finch Lord Chancellor | 63 | 48
L. Fitzwater | 7 | 48
L. Frechevile | 58 | 48

G

L. Gerard of Brandon | 47 | 48
L. Gerard of Bromley | 20 | 48
L. Grey | 26 | 48

H

L. Hatton | 37 | 48
L. Herbert of Cherbury | 34 | 48
L. Holles | 53 | 48
L. Howard | 32 | 48

K

L. Kingston
68
48

L

L. Langdale | 50 | 48
L. Leigh | 35 | 48
L. Lexington | 48 | 48
L. Lovelace | 28 | 48
L. Lucas | 44 | 48

M

L. Maynard | 30 | 48
L. Mohun | 33 | 48
L. Montague | 25 | 48 | L. Morley | 5 | 48

N

L. North | 16 | 48
L. Norris [...] | 18 | 48

P

L. Pagit | 15 | 48
L. Petre | 19 | 48
L. Poulet | 29 | 48

R

L. Roberts | 27 | 48
L. Rockingham | 46 | 48

S

L. Sandis | 9 | 48
L. Stanhope | 21 | 48
L. Stourton | 8 | 48

T

L. Tenham | 23 | 48
L. Townesend | 56 | 48

V

L. Vaughan Earl of Carbery
38
48

W

L. Ward | 41 | 48
L. Whartou | 13 | 48
L. Widdrington | 40 | 48
L. Windsor | 10 | 48
L. Willoughby | 14 | 48 | L. Wotton | 49 | 48

Atchievements of Women.

Gam's | 3 | 76
Dutchess of Richmond | 1 | 76
Castle-Stuart | 2 | 76 | Sedley | 4 | 76

Effigies of Knights of the Garter.

Earl of Arlington | 3 | 79
Marquiss of Worcester | 2 | 79
His Royal Highness Duke of York | 1 | 79

Effigies of a Knight Banneret.

Sir William de la More
[...]
84

BARONETS. Atchievements. A

Atkins | 5 | 85
Aucher | 47 | 85

B

Bacon | 3 | 85
Banks | 42 | 85
Barnadiston | 24 | 85
Bridgman | 23 | 85

C

Carteret | 1 | 85
Corbet | 30,31 | 85
Craven | 10 | 85

D

D'arcy
25
85

F

Forster
26
85

G

Gerard | 6 | 85
Gleane | 19 | 85
Glynn | 40 | 85
Graham | 41 | 85
Grimston | 2 | 85

H

Hanmer | 38 | 85
Head | 44 | 85
Hobart | 29 | 85
Holland | 46 | 85
Hunlock | 39 | 85

J

Iason
20
85

K

Lowther | 34 | 85
Lucy | 37 | 85

M

Mathews | 12 | 85
Mauleverer | 7 | 85
Middleton | 22 | 85
Molineux | 14 | 85
More | 45 | 85

O

Osborne
16
85

P

Percivale | 33 | 85
Peyton | 9 | 85
Puckering | 11 | 85

R

Ratcliffe | 4 | 85
Reresby | 48 | 85
Robinson | 27,36 | 85

S

Shaw
43
85

T

Tempest
13
85

V

Verney | 28 | 85
Viner | 17 | 85

W

Walter | 15 | 85
Wheler | 35 | 85
Wilbraham | 32 | 85
Williams | 32,85 | 85
Wittewrong | 8 | 85
Wolstonholme | 18 | 85

KNIGHTS. Atchievements. A

Atkins
2
108

B

Bennet | 3 | 108
Berkenhead | 13 | 108
Beversham | 48 | 108
Booth | 41 | 108
Brathwait | 26 | 108

C

Chicheley | 22 | 108
Churchill | 30 | 108
Clayton | 19 | 108

D

Daniel | 6 | 108
Davies | 10 | 108
Dolman | 23 | 108
Drake | 14 | 108

F

Fairborne
27
108

H

Hacket | 20 | 108
Hanson | 35 | 108
Harding | 45 | 108
Hustler | 33 | 108

J

Iames
40
108

K

Kirke
46
108

L

Langham | 28 | 108
Lowe | 39 | 108
Lynch | 8 | 108

M

Marsh | 47 | 108
Maynard | 36 | 108
Middleton | 43 | 108
Mompesson | 7 | 108

N

North
21
108

P

Pargiter | 15 | 108
Pelham | 9 | 108
Peyton | 38 | 108
Pitfield | 42 | 108
Player | 12 | 108
Prichard | 11 | 108

R

Raynsford
17
108

S

Sheldon | 34 | 108
Shorter | 37 | 108
Smith | 32 | 108
Southwell | 4 | 108
Sympson | 24 | 108

T

Talbot | 18 | 108
Theobalds | 44 | 108
Thompson | 29 | 108
Turnor | 31 | 108

W

Waller | 16 | 108
Williamson | 1 | 108
Windham | 5 | 108

ESQUIRES. Atchievements. A

Armiger | 34 | 151
Arthington | 50 | 151
Ashburnham | 3 | 151
Atwood | 82 | 151

B

Barbon | 60 | 151
Beauvoir | 90 | 151
Bennet | 78 | 151
Booth | 47 | 151
Bowen | 22 | 151
Brabazon | 103 | 151
Brouncker | 105 | 151
Burlase | 85 | 151
Burton | 41 | 151
Butler | 19 | 151
Byde | 47 | 151

C

Chetwynd | 16 | 151
Clarke | 100 | 151
Clifford | 46 | 151
Callingwood | 95 | 151
Collins | 108 | 151
Colt | 35 | 151
Colwall | 24 | 151
Coventrey | 1 | 151
Coxe | 80 | 151
Crome | 92 | 151
Cudmore | 107 | 151

D

Darnall | 33 | 151
Dereham | 30 | 151
Dive | 69 | 151
Dixie | 61 | 151
Doughty | 56 | 151
Duke | 76 | 151

E

Egerton | 36 | 151
Evance | 91 | 151

F

Feild | 8 | 151
Feltham | 70 | 151
Fleming | 13 | 151
Foley | 73,74,75 | 151

G

Georges | 18 | 151
Gilbertson | 23 | 151
Goodlad | 26 | 151
Grant | 5 | 151

H

Harvey | 2 | 15 [...]
Hoare | 72 | 151
Huitson | 58 | 151

J

Iames | 89 | 151
Inkledon | 27 | 151
Iollife | 49,96 | 151

K

Keck | 86 | 151
Knight | 38 | 151

L

Lamplugh | 40 | 151
Lant | 32 | 151
Legg | 7 | 151
Lewkenor | 79 | 151
Loggan | 20,104 | 151
Lucy | 86 | 151

M

Madden | 42 | 151
Mariet | 15 | 151
Martyn | 98 | 151
Marwood | 102 | 151
Micklethwaite | 66 | 151
Modyford | 51 | 151
Molesworth | 6 | 151
Mountague | 67 | 151

P

Pagit | 65 | 151
Palmer | 99 | 151
Peck | 63,64 | 151
Peirce | 88 | 151
Pepys | 17 | 151
Petyt 1 | 39 | 151
Pilkington | 21 | 151
Plott | 83 | 151

R

Rawlins | 28 | 151
Raynsford | 44 | 151
Roberts | 12 | 151
Robinson | 68 | 151
Rowe | 101 | 151

S

Sackvile | 55 | 151
Sanders | 25 | 151
Seys | 31 | 151
Skelton | 14 | 151
Smith | 52 | 151
Stephens | 48 | 151
Stoughton | 45 | 151
Strache | 97 | 151
Stringer | 94 | 151
Swift | 43 | 151

T

Thompson | 81 | 151
Thurland | 11 | 151
Titus | 29 | 151
Tomlins | 59 | 151
Twisden | 10 | 151

V

Vernon
106
151

VV

Walker | 77 | 151
Warner | 84 | 151
Weld | 54 | 151
Werden | 53 | 151
Wharton | 4 | 151
Wildman | 37 | 151
Windham | 93 | 151
Winwood | 62 | 151
Wyrley | 9 | 151
Wythens | 71 | 151

GENTLEMENS Achievements. B

Blome | 5 | 154
Bourne | 2 | 154

E

Eyre
9
154

F

Farington
10
154

G

Glover | 10 | 154
Gregory | 11 | 154

L

Lunde
14
154

M

Mainstone | 1 | 154
Marshall | 13 | 154

R

Rowe
3
154

S

Shaw | 12 | 154
Stanley | 8 | 154
Stratford | 15 | 154

V

Vandeput | 4 | 154
Vanheck | 7 | 154

VV

Whitwath.
6
154

FINIS.

[Page]

Information about this book

Title statement

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

Logan, John, 17th cent.

Edition statement

1677

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Ann Arbor, MI ; Oxford (UK) :

Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A48960

ID [STC]

Wing L2834

ID [STC]

ESTC R17555

ID [EEBO-CITATION]

11862579

ID [OCLC]

ocm 11862579

ID [VID]

50041

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(EEBO-TCP ; phase 1, no. A48960)

Transcribed from: (Early English Books Online ; image set 50041)

Images scanned from microfilm: (Early English books, 1641-1700 ; 35:24)

Source

— 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, Logan, John, 17th cent., Blome, Richard, d. 1705..

Extent

181, [10] p. : ill., ports.

Printed by Tho. Roycroft ...,. London :: 1677.. (Wood attributes the authorship of this treatise to Richard Blome. Cf. DNB.) (Includes index.) (Reproduction of original in Library of Congress.)

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EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.