Office of a King to fight the Battels of his people and rightly to judge them 1 Kings 8. And the Prophet David saith Be ye learned you that judge the Earth Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country which they in due time inherit they shall be much the more enabled to govern their Subjects and it is a point of Wisdom in such to acknowledge that Rex datur propter Regnum non Regnum propter Regem And to move the Princes to these things there is an excellent Book Dialogue-wise between a Prince a King's Son of this Realm and Sir Iohn Fortescue a Judge entituled De laudibus Legum Angliae Many that have been Heirs apparent to the Crown of England ever since the Norman Conquest have been taken away either by their natural deaths or by violence during the life of their Ancestors so that they have not attained to the Crown William the only Son of Henry the First was drowned in his passage from Normandy his Father reigning Eustace King Stephen's only Son died mad to the great grief of the King his Father William the eldest Son of King Henry the Second died in the Fourth year of his Age and in the Third year of his Fathers Reign King Henry the Second's Son called Curt-Mantel was in his Father's life time crowned King by the Name of King Henry the younger but died in the life time of his Father Geffrey the fourth Son of the said King died during the Reign of Richard Coeur de Leon his third Brother which King Richard had no Son and so Geffrey was Heir apparent to the Crown King Edward the First had Issue Iohn Henry and Alphons but all three died in their Childhood in their Father's life Edward the Black Prince of famous memory eldest Son to King Edward the Third died before his Father Richard the Third had Issue only one Son named Edward who died without Issue Arthur the eldest Son and Heir apparent to King Henry the Seventh died in the life time of his Father Henry Prince of Wales eldest Son to King Iames also left the World before his Father These Examples may serve as a Mirror for all succeeding Princes and others to see how transitory the Glory of this World is whereof the saying of the Princely Prophet David may never be out of remembrance Psal. 82. I have said ye are Gods and ye are all the Children of the most High but ye shall die like men and ye Princes like others Also divers other Heirs apparent and those that have been in possession of their Crowns have been defeated by Usurpers And namely Robert Duke of Normandy eldest Son to William the Conqueror was defeated of his Birth-right by his two younger Brethren William Rufus and Henry successively one after another and after Six and twenty years Imprisonment having both his Eyes put out died in the Reign of his Brother Henry Maud the sole Daughter of the said King Henry was defeated of her Birth-right to the Crown by Stephen the Son of her Fathers Sister Arthur the only Son and Heir of Geffrey the fourth Son to Henry the Second was next Heir to the Crown after the death of his Uncle Richard the first King of that Name who died without Issue his Father being dead before but his Uncle Iohn Son to the said Henry the Second defeated him not only of his right to the Kingdom but also of his Life and that by starving him King Edward the Second was deposed by his eldest Son who in the life time of his Father took upon him to be the King of England Richard the only Son to Edward the black Prince and next Heir to the Crown after the death of his Grandfather King Edward the Third was defeated both of his Crown and Life by Henry of Lancaster Son to Iohn of Gaunt who was but the fourth Son of King Edward the Third yea although Lionel the third Son of the said King Edward had Issue Philip his only Daughter who by consequence was next to the Crown before the Issue of Iohn of Gaunt which Philip was married to Edward Mortimer Earl of March from whom the House of York by the name of Edward the Fourth are lineally descended For William of Hatfield second Son to King Edward the Third died young without Issue King Henry the Sixth having but one Son named Edward he was slain in the life time of his Father and the King himself deposed by Edward the Fourth and murthered in the Tower So the Act of Parliament made between them for an indented Peace exemplified in our Books of Law Edward and Richard the two only Sons to Edward the Fourth after the descent of the Crown and before the Coronation of Prince Edward were both of them murthered in the Tower by their Uncle Richard Duke of Glocester who thereupon took upon him the Crown although there were remaining alive divers Daughters of the late King Edward the Fourth During these troublesome and tragical times each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament intending utterly to disable them and make them to be incapable by the Law of the Crown And it is a matter worthy of Observation how the Hand of God did not forget to pursue Revenge in these Cases for William Rufus died without Issue Henry his Brother had a Son and one Daughter but his Son died an Infant and his only Daughter Maud was defeated of her Birthright by Stephen King Iohn who defeated Arthur his Nephew of his Birthright and Life lived in continual Wars never enjoyed Peace but was driven to submit himself and subject his Kingdom to the Pope In his time Normandy which King William the First brought with him and which in five Descents continued in actual Obedience of the Kings of England was in the sixth year of his Reign lost until King Henry the Fifth recovered it again and left it to King Henry the Sixth who again lost it in the Eight and twentieth year of his Reign as doth appear both in our Chronicles and in our Books of Law Concerning the violence done to King Henry the Second albeit Edward his Son enjoyed a long and prosperous Reign yet his Successor King Richard was in the like violent manner imprisoned deprived and put to death King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by the means of Wars in France the humour against him was otherwise imployed But his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Eward died not without suspicion of poyson and after his death his two Sons were likewise
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
to prejudice him touching his Mothers Inheritance who also did not offend or contrariwise especially in case where the Mother was seized of an Estate in Feesimple either in Lands or Tenements or Title of Honour And this was the case if I be not mistaken of Philip late Earl of Arundel notwithstanding the Attainder of Thomas Duke of Norfolk his Father for he had that Earldom in right of his Mother But they do agree That if the Lands or Tenements or a Title of Honour be given to a man and to his wife in tayl who hath Issue The Father is attainted of Treason and executed though this forfeiture of the Husband shall be no barr to the Wife concerning her interest by Survivorship yet their Issue is barred by the Statute 26 Hen. 8. cap. 13. and his Blood corrupted For in that case the Heir must necessarily make himself Heir as well of the Body of the one as of the other And yet the words of the Statute 32 Hen. 8. cap. 28. are That no Fine Feofâ—ment or other Act or Acts hereafter to be made or suffered by the Husband only of any Mannors Lands Tenements or Hereditaments being the Inheritance or Freehold of his Wife during the Coverture between them shall in any wise be or make any discontinuance or be prejudicial to the said Wife or to her Heirs or to such as shall have right title or interest to the same by the death of such Wife or Wives but the same Wife or her Heirs and such other to whom such right shall appertain after her decease shall or may then lawfully enter into all such Mannors Lands Tenements and Hereditaments according to their Rights and Titles therein For there is Adversity taken and agreed for Law between a discontinuance which doth imply a wrong and a lawful Baron which doth imply a right And therefore if Land be given to the Husband and the Wife and to the Heirs of their Bodies begotten and the Husband levies a Fine with Proclamation or do commit High Treason and dieth and the Wife before or after Entry dieth the Issue is barred and the Comisee for the King hath right unto the Lands because the Issue cannot claim as Heir unto both And with this doth agree Dyer 351. b. adjudged vide 5 Hen. 7. 32. Cott's Assize Coke's eighth part 27. where it is resolved That the Statute 32 Hen. 8. doth extend only unto Discontinuances although the Act hath general words or be prejudicial to the Wife or her Heirs c. but the conclusion if she shall lawfully enter c. according to their right and title therein which they cannot do when they be barred and have no right title and interest And this Statute doth give advantage unto the Wife c. so long as she hath right but it doth not extend to take away a future barr Although the Statute doth give Entry without limitation of any time nevertheless the Entry must attend upon the right and therefore if the Wife be seized in Feesimple and her Husband levy a Fine with Proclamation unto another and dieth now the Wife may enter by force of the Statute for as yet that Fine is not any barr unto her but her right doth remain which she may continue by Entry but if she do surcease her time and the five years do pass without Entry c. now by force of the Fine with Proclamation and five years past after the death of her Husband she is barred of her right and by consequence she cannot enter And the Statute doth speak of Fine only and not of Fine with Proclamation If there be Father and Son and the Father be seized of Lands holden in Capite or otherwise by Knight's Service the King doth create the Son Duke Earl or other Degree of Nobility and afterwards the Father dieth his Son being within the Age of One and twenty years he shall be no Ward but if the King had made him Knight in the life of his Father he should not have been in Ward after the death of his Father neither for the Lands descended nor for his Marriage though he be within Age. NOBILITY AND LORDS IN REPUTATION ONLY CHAP. XIV THERE are also other Lords in Reputation and Appellation who nevertheless are not de jure neither can they enjoy the priviledges of those of the Nobility that are Lords of the Parliament The Son and Heir of a Duke during his Father's life is only in courtesie of Speech and Honour called an Earl and the eldest Son of a Marquiss or an Earl a Lord but not so in legal proceedings or in the King's Courts of Judicature But the King may at his pleasure create them in the life of their Ancestors into any Degree of Lords of the Parliament And according to the German Custom all the younger Sons of Dukes and Marquisses are called Lords but by courtesie only which Title descends not to their Heirs A Duke or other of the Nobility of a Foreign Nation doth come into this Land by the King 's safe Conduct in which said Letters of safe Conduct he is named a Duke according to his Creation yet that Appellation maketh him not a Duke c. to sue or be sued by that name within this Realm but is only so by Reputation But if the King of Denmark or other Sovereign King come into England under safe Conduct he during his abode here ought to be styled by the name of King and to retain his Honour although not his Regal Command and Power And in this case may be observed by the way That no Sovereign King may enter into this Realm without licence though he be in League All the younger Sons of the Kings of England are of the Nobility of England and Earls by their Birth without any other Creation And if an Englishman be created Earl of the Empire or some other Title of Honour by the Emperor or other Monarch he shall not bear that Dignity in England but is only an Earl in Reputation A Lord or Peer of Scotland or Ireland is not of the Nobility or Peerage of England in all Courts of Justice although he is commonly reputed a Lord and hath priviledge as a Peer OF THE QUEEN CONSORT AND OF NOBLE WOMEN CHAP. XV. A QUEEN so called from the Sâ—xon word Cuningine as the King from Cuning by variation of Gender only as was their manner signifieth Power and Knowledge and thereby denotes the Sovereignty due unto them which they enjoyed in those days and do now in most Nations being capable of the Royal Diadem by the common right of Inheritance for want of Heirs Male But in France by the Salique Law the Sex is excluded from their Inheritance by which they debarred the English Title to their Crown There are three kinds of persons capable of the Title and Dignity of Queen amongst us and each of them different in Power and Priviledge The first is a Queen Sovereign to whom the Crown descends by Birth-right
Bishop of Liege who died in the year of our Lord 727. As to their Habit and Ensign I have met with no account thereof Knights of the Order of St. James in Holland THIS Order received its institution in the Year 1290. from Florentius Earl of Holland and Zealand who in his Palace at the Hague in honour of St. Iames created Twelve of his principal Nobles Knights of this Order whom he invested with Collars of Gold or Military Belts of Silver and Gilt adorned with six Escallops to which hung the figure of St. Iames the Apostle DEGREES OF KNIGHTHOOD IN SWEDEN Knights of the Brician Order THIS Order was erected in the Year of our Lord 1366. by the famous Queen Bridget who for her holy Life was styled and enrolled a Saint and out of her zeal for the honour of Jesus Christ the defence of the Christian Religion the securing the Confines of her Kingdom the succouring Widows and Fatherless and the maintenance of Hospitality endowed this Order with a considerable Revenue This Order was approved of by Pope Vrban the Fifth who gave them the Rule of St. Augustine And their Ensign was a blew Cross of eight points and under it a Tongue of Fire Knights of the Seraphins THIS Order was instituted in Anno 1334. by Magnus the Fourth King of Sweden in memorial of the Siege laid to the chief City of Vpsala The Collar assigned to this Order was composed of Patriarchal Crosses of Gold and of Seraphins of Gold enameled red and at the end thereof hung the figure of our Saviour or of the Virgin Mary Knights of Amaranta THIS Order was instituted about the Year 1645. by Christiana Queen of Sweden in honour of a Lady named Amaranta celebrated for her Charity Modesty Beauty and Courage And by their Oath they were to defend and protect the person of the Queen as also the persons of their Fellow Brothers from harm To his power to advance Piety Virtue and Justice and to discountenance Injury and Vice Their Ensign is a Jewel of Gold composed of two great A A one being reversed enriched on both sides with Diamonds and set within a wreath of Laurel Leaves banded about with white whereon is this Motto Dolce nella memoria And this Badge they wear either hanging at a gold Chain or a crimson or blew Ribon which they please Here is another Order of Knighthood in this Kingdom of Sweden called of the Sword and Military Belt whose Collar consisted of Swords and Belts conjoyned but by whom and when Instituted I am ignorant of KNIGHTS OF THE Order of the Elephant IN DENMARK KING Christian the First of Denmark upon a Religious account travelled to Rome and amongst other Honours Pope Sixtus the Fourth in memory of the Passion of our Saviour invested him with this Order and ordained him and his Successors Kings of Denmark Chief and Supream of the said Order which was conferred on the Danish Princes as a memorial to incite them to defend the Christian Religion against the Moors and Aâ—ricans These Knights were obliged to perform Acts of Piety and Charity with certain Ceremonies to be observed especially upon those days on which they wore the Ensign of their Order which was the figure of an Elephant on whose side within a rundle was represented a Crown of Thorns with three bloody Nails Instead of their golden Collar formerly won by them they now wear about them a blew Ribon to which hangs an Elephant enameled white and beautified with five large Diamonds set in the midst On the day of the Coronation of the King 's of Denmark this Order hath been commonly conferred upon the Nobles and most deserving Senators of his Kingdom DEGREES OF KNIGHTHOOD IN POLAND Knights of Christ or of the Sword-bearers in Livonia THIS Order was instituted by Albert Bishop of Livonia about the Year of our Lord 1200. for the propagation of the Christian Religion in those Parts in imitation of the Knights Teutonicks in Prusia to which Order they were united about the Year 1237. and submitted themselves to their Rule and Habit by whose assistance they subdued the Idolatrous Livonians and brought them to embrace the Christian Faith But in the Year 1561. Gothard de Ketler then Great Master in the Castle of Riga surrendred to the use of Sigismond the Second King of Poland Surnamed Augustus all the Lands belonging to this Order together with the Seal of the Order his Cross the Keys of the City and Castle of Riga the Charters and Grants of the several Popes and Emperors which concerned the same the priviledge of Coynage and all other matters concerning the same upon which the said Great Master received back from the said King's Commissioners the Dukedom of Curland to be enjoyed by him and his Heirs for ever upon which this Order became extinguished Knights of the white Eagle THIS Order was erected by Ladislaus the Fifth King of Poland for the further honouring the Marriage of his Son Casimire the Great with Anne Daughter of Gerdimir Duke of Lithuania in Anno 1325. and for their Ensign had a white Eagle crowned KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY THIS Order was instituted in the Year 1418. by Sigismund the Emperor Surnamed the Glorious for the Defence of the Christian Religion and the suppressing the Schismaticks and Hereticks which he had been victorious over in many Battels Their Ensign which they daily wore was a green Cross flory on Festival days they wore a scarlet Cloak and on their Mantle of green Silk a double gold Chain or a green Ribon to which hung the figure of a Dragon dead with broken Wings and enameled with variety of colours But although this Order was of high esteem for a time yet it almost expired with the death of the Founders Knights of the Order of the Sword in Cyprus GVY of Lusignan soon after his possession as King of the Isle of Cyprus which he had bought of Richard the First King of England for One hundred thousand Crowns of Gold in Anno 1195. erected this Order in Commemoration of so good and fortunate a Plantation for Fifteen thousand Persons which he had brought thither with him The Collar of this Order was composed of round Cordons of white Silk woven in Love-knots and interlaced with the Letters S. and R. To this Collar hung an Oval of Gold wherein was enameled a Sword the Blade Silver and the Hilt Gold and about the Oval was this Motto Securitas Regni This Honour of Knighthood the said King who was Great Master conferred on his Brother Amaury Constable of Ierusalem and Cyprus and on Three hundred Barons which he had created in this his new Kingdom But when the Turks became Masters of the Isle this Order ceased KNIGHTS OF Saint Anthony IN AETHIOPIA ABout the Year of our Lord 370. Iohn Emperor of AEthiopia vulgarly called Prester Iohn erected into a Religious Order of Knighthood certain Monks who lived an austere and solitary Life in
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 The Effiges of the Right Noble George late Duke of ALBEMARLE Earle of Torrington Baron Moncke of Potheridgeâ— 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 Warrâ— one of the Lords Comissioners of his Majestys Treasuryâ— one of the Gentlemen of his Bedchamber one of the Lds of his most honble privy Councell c a. Edw. Le Davis sculp 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 oâ— 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 deâ—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 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 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 Northâ—mberland Camberland Westmoreland the Bishoprick of Durham The Towne County of Newcastle Maritin parts There adiacent one of his Matyes most honble priuy Councell c a Abra. Blâ—thing sculp 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. 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 camâ— vp to oppose yâ— 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 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
Adversaries in this manner viz. The Writ of Summons to the Parliament whereby the Baron by Writ hath his Original is to call that Honourable and Worthy Person so summoned to the number of that Right High and Honourable Assembly and to be a Judge to sit hear and determine Life and Member Plea and right of Land if there shall come occasion likewise to give Counsel and Advise in the most mighty Affairs of the Realm But these things are convenient for the quality and condition of men unfitting and altogether unbeseeming the Sex of women Ergo having respect unto the scope and final purpose of such Writs such Inheritances should only descend unto the Heir Female The Second Argument contra Secondly If it shall be answered That although the Heir Female to whom such Inheritance is descended be unfit in her own person for the accomplishing of these things yet she may marry with one sufficiently able for her and in her behalf to execute the same This Answer will neither satisfie nor salve the inconveniences For admit that such an Heir Female were at full Age at the death of her Ancestor unmarried for it doth lye in her own choice then whom shall be her Husband The Third Argument contra Thirdly If such Husband shall be called by the right of his Wife the Writ shall make some mention thereof for otherwise it may well be taken that the Husband was chosen in his own person and in behalf of himself and not in regard of his wife or such pretended Dignity descended unto him But there was never such a Writ of Summons seen wherein the wife was mentioned And if the husband of such a wife have been called to the Parliament which is always by General Writ not mentioning his wife he is thereby made a Baron of himself by virtue of the said Writ Having thus heard both sides to dispute place it doth now require to interpose Opinion to compound the Controversie This point in queâ—tion is somewhat perplexed by means of difficult Presidents For first it is observed That some Presidents do prove that Baronies by Writ have descended unto Heirs Female whose husbands have been called to Parliament whether in regard of themselves or in respect of their wives right it maketh no matter but since it is that the marriage of such Ladies gave that occasion to be summoned and such husbands and their Poâ—â—erity have and do lawfully bear the same Title of Dignity which the Ancestors of such a wife did before rightfully bear For by this Controversie theâ—e is no purpose to call the right of such Noble Houses into question Howbeit Secondly this is to be observed out of the Presidents and to be acknowledged of every dutiful Subject That the King's Majesty is nevertheless at liberty to call to his High Council of Parliament whom he shall in his Princely Wisdom think fit which by his Majestie 's Noble Progenitors have in former Ages likewise observed And therefore whereas Ralph Lord Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest who married Sir Thomas Nevile Knight and Ioan the younger who married Sir Humphrey Butcher Knight who was called to Parliament as Lord Cromwell and not the said Sir Thomas Thirdly It is to be observed That if a Baron by Writ die without Heir Male having his Daughter Sister or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any ancient entail or otherwise the Title of such an Heir Female hath heretofore been allowed as by the honourable Opinions and Relations of the Right Honourable the late Commissioners in the Office of Earl-Marshal signified unto the late Queen upon Petition of the Sister and Heir of Gregory Lord Dacres deceased may appear Moreover in the same Pedigree of the Lord Dacres it was expressed That Thomas sometimes Lord Dacres had issue Thomas his eldest Son Ralph his Second and Humphrey his third Thomas the eldest died in the life of his Father having issue Ioan Daughter and Heir who was married to Sir Richard Fines Knight and after Thomas Lord Dacres his Grandfather and Father to the said Ralph and Humphrey died after whose death Henry the Sixth by his Letters Patents bearing date at Westminster the Seventh of November in the Seventh year of his Reign reciting the said Pedigree and Marriage doth by his said Letters Patents accept declare and repute the said Richard Fines to be Lord Dacres and one of the Barons of the Realm But afterwards in the time of Edward the Fourth the said Humphrey Dacres after the attainder of the said Ralph and himself by an Act of Parliament which was the first of Edward the Fourth And after the death of the said Ralph and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth the said Humphrey made challenge unto the said Barony and unto divers Lands of the said Thomas his Father whereupon both parties after their Title had been considered of in Parliament submitted themselves to the Arbitrement of King Edward the Fourth and entred into Bond each to other for the performance thereof whereupon the said King in his Award under his Privy Seal bearing date at Westminster the Eighth of April Anno Regni sui decimo tertio did Award that the said Richard Fines in the right of Ioan his wife and the Heirs of his body by the said Ioan begotten should keep have and use the same Seat and Place in every Parliament as the said Thomas Dacres Knight Lord Dacres had used and kept and that the Heirs of the body of the said Thomas Dacres Knight then late Lord Dacres begotten should have and hold to them and to their Heirs the Mannor of Holbeach And further That the said King Edward did Award on the other part that the said Humphrey Dacres Knight and the Heirs Males of the said Thomas late Lord Dacres should be reputed had named and called the Lord Dacres of Gillesland and that he and the Heirs Males of the body of the said Thomas then late Lord Dacres should have use and keep the place in Parliament next adjoyning beneath the said place which the said Richard Fines Knight Lord Dacres then had and occupied And that the Heirs of the body of the said Ioan his wife shall have and enjoy and that the Heirs Males of the said Thomas Dacres late Lord Dacres should have to them and the Heirs Males of their bodies begotten the Mannor of Iothington c. And so note that the name of the ancient Barony namely Gillesland remained unto the Heir Male to whom the Land was entailed Moreover this is specially observed If any Baron by Writ do die having no other Issue than Female and that by some special entail or other assurance there be an Heir Male which doth enjoy all or great part of the Lands Possessions and Inheritances of such Baron deceased the Kings have used to call to the
Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign