Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
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 27 th 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 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 't is 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 27 th 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 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 Parliâ—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
the City of London â—â—â—â—â—e his Coronation which was on Monday tâ—e 22 th 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. The Effigies of the Right honble Heneage Lord Finch Baron of Daventry Lord High Chancellor of England one of the Lords of the most honble Privy Councell to King Charles ye. second Anno DnÌ„i 1676. The Effigies of the 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 â—one of the Lords of ye. most honble Privy Councellâ— to King Charles yâ— 2d. Anno Domini â—673 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 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 underâ—â—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
Elizabeth Countess of Huntington his wife eldest daughter Coeheire of Sr. Iohn Lewis late of Ledston in Yorkshire K â— Bart. deceased The Right honble William Russell Earle of Bedford Baron Russell of Tavestock Thornhaugh Knight of the most Noble Order of the Garter ct. The Right Honb le Philip Herbert Earle of Pembrook â— Montgomery Baron Herbert of Shurland Cardiffe Ross of Kendale Parr Marmion and St. Quintin Ld. of the Lordships of Vske Carleon Nemport Treleg and Lord Leiutenant of Wiltshire ct. 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 Suffolâ— Baron Howard of Walden Lord Leiuetenant of the Countys of Cambridge Suffolk one of the Gentlemen of his matys bedchamber Deputy Earle Marshall of Englandâ— The Right honble Charles 〈◊〉 â— Earle of Dorset Middsex Baron 〈◊〉 Cranfâ—ild one of the Gentlemâ—◠〈◊〉 his Matyâ— Bedchamber Lord Leiutâ—â—â—nt of Sussex 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 c a. The 〈◊〉 Iohn Egerton Earle of Bridg 〈…〉 Brackley Baron of Elâ—mere Ld. 〈◊〉 of the County of Bucks one the 〈◊〉 his matysâ— most Hon. privy Councell c. The Right honble Robert Sidney Earle of Leicester Viscount Lisle Baron Sidney of â—enâ—urst and one of the Lords of his Ma. â—â—s most honble privy Councell c. 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 â— Constable of his matys Tower of London and Leivtenant of the Hamlets thereto belonging The Right Honourable Robert Earle of Warwick and Hollandâ— and Baron Rich of Leeze and Kensington c a The Right Honourable William Earle of Devonshireâ— Baron Cavendish of Hardwick Knight of the Bath and Lord Leivtenant of Derby shire c a The Right Honourable William Feildin◠〈◊〉 de Hapsburgh Earle of Denbigâ— Viscount Feilding Baron Feilding of Newenham Padâ—x and St. Lis. and Earle of Desmond c a. in Ireland 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 Honoâ—rable Charles Fane Earle of Westmorland and Baron de la Spencer and Burghwash ct 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 the most noble Order of the Garter and one of the Gentlemâ—â— of his matys Bedchamber The Right Honourable William Ley Earle of Marlborough Baron Ley of Ley ct 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 Bâ—dchamber and Lords of the most honble privy Councell to his Ma â—y K Charles yeâ— The Right Honourable Iohn Cary Earle of Dover Viscount Rochford and Baron Hunsden The Right Honourable Henry Mordaunt Earle of Peterborow Lord Baron of Turvey Lord Leiutenant of the County of Northampton Andâ— one of the Lords of his Majesties Most Honourable Privy Councell c t The Right Honourable Thomas Grey Earle of Stamford Ld. Ferrers of Grooby Banevill and Harrinâ—â—â—escended from the family of the Greus who were Marqueses oâ— Dorset the last of wch was Hen. who before his Attainâ—ure and Execution in Anno 1553 was Created Duke of Suffolk The Right Honourable Heneage Finch Earle of Winchelsey Viscount Maidston Baron Fiz Herberâ— of Eastwell Lord of the Royall Manner of Wye and Lord Leiutenant of the Countys of Kent â— Somerset The Right Honourable Charles Dormer Earle of Carnarvan Viscount Ascotâ— and Baron of wing Master Marshall and Surveyour of his Majetyes Hawks The Right Honourable Montjoy Blunt Earle of Newâ—port Baron Montjoy of Thurveston in Devonshâ—â—â— and Lord Montjoy of Montjoy Fort in Ireland c a. The Right Honourable Phillip Stanhopeâ— Earle of Chesâ—erfield and Baron Stanhope of Shelford c a. The Right Honourable Nicholas Tuftonâ— Earle of Thanet and Baron Tufton of Tufton c a. The Right Honourable Thomas Weston Earlâ— of Portland Baron Weston of Neyland c â— The Right Honourable William Wentworth Earlâ— of Strafford Viscount Wentworth and Baron Wentâ—â—â—â—â—â—d house Newmarâ—h Oversley and Raby Knight of thâ— Garler and one of the Lords of his Ma â—ys most honble privy Councell c a. The Right Honourable Robert Spencer Earle of Sunderland Baron Spencer of Wormleâ—ton one of thâ—â—â—ntlemen of the Bedchamber and Lords of the privy Councell to his Maty K Ch yâ— 2 The Right Honourable Nicholas Leake Earle oâ— Scarsdale and Baron Dayncourt c a. The Right Honourable Iohn Wilmot Earle of Rochester Baron Wilmot of Alderbury in England and Discount Wilâ—mot of Athlone in Ireland and one of the Gentlemen of his matys Bedchamber The Right Honourable Henry Iermine Earle of St. Albonâ— Baron of St. Edmondsâ—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 Sandwichâ— Viscount Montague of Hinchingbrooke and Baron Montague of St. Neots The Rt. Noble Iames Duke Marquest Earle of Ormond Earle of ossery Brâ—cknock Viscount Thurles Baron of Arklow Lanthonyâ— Ld. Leiutenan◠〈◊〉 Ireland Ld. High â—teward of his matys House hold Chancellor of the â—niversity of Oxford â—t. of the Garter â— oâ—â— of the Lds of his Ma â—â—s most Hon privy Councell â—câ— The Right Honourable Henry Hide Earlâ— of Clarendon Viscount Cornbuâ—â—â— Baron Hide of Hendon 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 laâ—â— Ld. Leivtenant Generall and Generall Governor of his Ma â—â—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 the Lds of
his matys most honble privy Councell for England Ireland câ—â— The Right honble Iohn Earle of Bath Viscount â—renvile of Lonsdowne Baron Greenvile of Kilkhampton Bidiford L â— Warden of the Stanneries high Steward of the 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 â—â— privy Councell câ—t. The Right honble Charles Howard Earle of Carlisle Viscount Morpeth Baron Dacres of Gisland Lord Leivtenant of Cumberland and Westmorland Vice Admirall of the 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 câ—t The Right honble William Earle of Craven Viscount Craven of Vffington Baron Craven of Hampsted-Marshall Lord Leivtenant of the County of Middâ—x and Borough of Southwark one of the Lords of his Mtys most honble privy Councell câ—t The Right honble Robert Bruce Earle of Alisbury Elgin Viscount Bruce of Ampthill Baron Bruce of Whorâ—â—on Skelton Kinloss Hereditary High Steward of the Honour of Ampâ—hiâ—â— Lord Leivtenant of the County of Bedford and High Steward of Leicester ct. The Right honble Richard Boyle Earle of Burlington Baron Clifford of Lansborow in Englandâ— Earle of Corke Viscount Dungarvan Baron Yaughalâ— and Lord High Trâ—asurer of Ireland â— â— 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 Shaâ—tesbury Baron Ashley of Wimbourne St. Giles and Lord Cooper of Pawleâ— The Right honble Henry Howard â—arle of Norwich Earle Marshall of England Baron Howard of Castle Riseing Now Duke of Norfolkâ— see in the Catalogue of Duâ—es The Right Honourable William Herbert Earle and Baron of Powis ◠〈◊〉 Right Honourable Edward Henry 〈◊〉 of Litchfield Viscount Quarenton â—â—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 Miescleborougâ— and Bolton in Scotland Ld. Comissioner for his present Ma â—y of that Kingdome Kt. of the Garter Gentlemâ—â— of the Bedchamber and one of his matys most honble privy Councell for the Kingdomes of England Irelandâ— The Right honble Chaâ—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 â— L d high Treasurer of Englandâ— ctâ— The Right Honourable George Fitz Roy Earle of Northumberland Viscount Falmouth and Baron Ponteâ—fract c a. The Right Honourable Thomas Leonard Earle of Sussex and Lord Dacres of Giles land c a. The R t 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 Geneâ—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 The Right honble William Oâ—Brien Earle Baron of Insiâ—uin Baron of Burren in the Kingdome of Ireland Captaine Generall of his matys Forces in Affrica Gouernor of the Royoll Citty of Tanger vice Admirall of the same and of the parts adjacent and one of his Mat ys most honble privy Councell for the Sd. Kingdom of Ireland The Right Honourable Charles Moore Earle and Viscount of Drogheda and Baron of Mellefont in the Kingdom of Ireland c a. The Ri t honble Luke Plunkett Earle of Fingall and Baron of Killeene in the Kingdome of Ireland c a. The Rtâ— 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 Therâ—â—â—â— Belonging one of his mat ys Most Hoâ—â—◠〈◊〉 Councell for ye. S â— Kingdom The Rt. honble Iames Ogilby Earle of Airly Elight and Glentrahen in the Kingdome of Scotland c a. The Right Honourable Iohn Fitz Gerard Earle of Kildeare primier Earle of the Kingdome of Ireland c a. The Right Honourable William Pope Earle of Downe Baron and Lord Pope of Bellterbitt in Ireland c a. The Rt. honble Roger Palmer Earle of Castlemaine and Baron of Lamberick in the Kingdome of Ireland c a. OF EARLES CHAP. VI. THE next Degree of Honour is an Earl which Word and Title came from the Saxons For it is observed That originally within this Realm in the 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 Of Earls not Palatine which is as ancient as the Conquest there have been principally two kinds but either of them subdivided into several Branches for they either take name of a place or hold their Title without any place Those that take their Name of a place are of two kinds for either the place is the County as the Earl of Devonshire Kent Middlesex or the like or else some Town Castle or Honour as the Earldom of Richmond in Yorkshire Clarence in Suffolk Arundel in Suffex Bathe and Bridgwater in Somersetshire and so forth And those Earldoms which have their Titles without any place are likewise of two kinds either in respect of Office or by Birth By Office as the Earl-Marshal of England called in Latin Comes Marascallus Angliae and is an Office not only of great power being in the Vacancy of the Lord High Constable of England the King's Lieutenant General in all Marshal Affairs but of as great Honour taking place of all Earls except the Lord Great Chamberlain of England and is likewise endowed with many honourable priviledges This Title of Earl-Marshal was by K. Richard the Second first given to Thomas Mowbray Earl of Nottingham whereas before they were simply styled Marshals and after the Banishment of Mowbray he granted it to Thomas Holland Duke of Surrey and that he should carry a Rod or Verge of Gold enammeled black at both ends whereas before they used one of Wood This Office is now by his present Majesty restored to the ancient Family of the Howards Hereditary for ever and is enjoyed by the Right Honourable Henry Howard Earl of Norwich Baron Howard of Castle-Rising in Norfolk and Heir apparent to his Grace the Duke of Norfolk The other sort of Earls are by Birth and so are all the Sons of the Kings of England if they have no other Dignity bestowed upon them And therefore it was said that Iohn afterwards King of England in the life time of his Father Henry the Second was Comites sans terre Earls as other Degrees of Nobility are Offices of great Trust being created by Patent for two principal purposes one ad consulendum Regi in tempore pacis the other ad defendendum Regem Patriam in tempore belli And therefore Antiquity hath given them two Ensigns to resemble both the said Duties For first the Head is adorned with a Cap of Honour and a Coronet of Gold which for distinction is pyramidal pointed and pearled between each pyramid a Flower much shorter thâ—n the pyramid And the Body is adorned with Robes viz. a Hood Surcoat and Mantle of State with three guards of Fur upon the Shoulders which Robe is an emblem of Counsel and they are begirt with a Sword in resemblance of that they must be faithful and true to defend their Prince and Country An Earl had formerly the Title of Prince but now it is Most Potent and Noble Lord as also The Right Honourable and truly Noble Out of his Superiors presence he may have a Cloth of Estate fringed without pendants and his Countess may have her Train born up by an Esquire's Wife But to the King 's high Council of Parliament no man ought to presume to come before he hath received the King 's Writ of Summons This Constitution was first made by King Henry the Third after the Barons War was appeas'd and by King Edward the Third and his Successors it hath been carefully observed The form of a Writ of Summons to an Earl is as followeth REX c. Vnto his welbeloved Cosin John Earl of Greeting Because by the advice and assent of our Council for certain weighty and urgent businesses concerning us the state and defence of our Kingdom and Church we have ordained to be holden a certain Parliament at our City of Westminster the day of next coming and there together with you and with the Prelates and Great and Noble Men of our said Kingdom to have confidence and treaty commanding and firmly injoyning you upon your Faith and Allegiance whereby you are holden unto us that the dangers and perils imminent of that business considered and all Excuses set apart you be present at the said day in the same place with us and with the Prelates and Noblemen aforesaid to treat and give counsel upon the aforesaid business and hereof fail not as you tender our honour and the safegard and defence of our Kingdom and Church aforesaid Witness our self at Westminster the day of in the year of our Reign In this Writ an Earl is saluted by the Kâ—ng by the Name of Cosin although no Kin and the Writ of Summons to him or any other Peer is particularly directed to himself and not unto the Sheriff of the Country as the general Summons are to Knights and Burgesses of Parliament After a man is created an Earl Viscount or any other Title of Honour above his Title it is become parcel of his Name and not an addition only but in all legal Proceedings he ought to be styled by that his Dignity In the first of King Edward the Third fol. 151. a Writ of Formedon was brought against Richard Son of Alleyn late Earl of Arundel and did demand the Mannor of C. with the Appurtenances c. The Tenant by his Learned Counsel did plead that he was Earl of Arundel and was at the day of the Writ purchased and demanded Judgment of the Writ because he was not named in the Writ according to his Dignity and Title of Honour To which the Demandant saith That at that time when he did purchase the Writ the Tenant was not known nor taken to be an Earl and it is severe Justice if the Writ shall abate without any default in the Plaintiff nevertheless because the truth of the matter was so that the Earldom did descend unto him before the Plaintiff had commenced his Action and purchased his Writ against him therefore by Judgment his Writ was abated although the Tenant was not at that time known to be an Earl But if a Baron be Plaintiff or Defendant it is not of necessity to name him Baron 8 Hen. 6. 10. yet see a distinction of Barons concerning this matter here following And so Reginald Gray was reputed Esquire after the Earldom descended unto him till at last it was published and declared by the Queen and the Heralds that he was Earl of Kent in Right and by Descent although he was not reputed or named Earl before that time But an addition may be used or omitted at pleasure except in special Cases where Processes of style of Supremum Caput Ecclesiae Anglicanae which by Act of Parliament in the 26 th of Hen. 8. cap. 1. and in the 35 th of Hen. 8. cap. 3. was annexed to the Imperial Crown of this Realm It is no part of the King's style so that it may be omitted in the Summons of Parliament
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough â—nd Baron of Clougrenan in Ireland and one of the Lords of his matys most Honourable Privy Councell for the said Kingdome and Baron of Weston in England The Right honble Heneage Lord â—inch Baron of Doventry Lord High Chancellor of England â— a The Rt. honble Walter Ld. Aston Baron of Forfare in the Kingdome of Scotland whose Father Sr. Walter Aston Kt. of the Bath Bart. was in the 3d of K. Ch the ist created to the sd. Dignity The Right Honourable Coecilius Coluert Baron Baltemore de Baltemore in the Kingdome of Ireland Absolute Lord and Proprietary of the Provinces of Maryland and Avalon in America The Right Honourable William Lord Allington Baron of Killard in the Kingdome of Ireland The Right Honourable Iohn Lord Baron of KingstoÌ„ Ld President of the Province of Connaugh Comissary generall of ye. Horse for his matys Army in Ireland and one of the Lds of his matys most honble Privy Councell for â—he said Kingdome plerumque ridicula for saepe numero ubi proprietas verborum attenditur sensus veritas amittitur It may leave some use and serve turn in Schools but it is too light for Judgment in Law and for the Seats of Justice Thomas Aquinas setteth down a more certain Rule In vocibus videndum non tam a quo quam ad quid sumatur and words should be taken sensu currenti for Use and Custome is the best Expositor of the Laws and Words quem penes arbitrium est jus norma loquendi in the Lord Chancellor's Speech in the Case Postnati fol. 61. And forasmuch as the word may aptly be applyed to import men of strength Bracton as before appeareth not unaptly useth the signification thereof in these words Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli The Antiquity of the Dignity of Barons and the sundry uses of the Name IT seemeth that the Dignity was more ancient than the Name for in the ancient Constitutions there is no mention made of the name of Barons howbeit the Learned Interpreters do understand that Dignity to be comprehended under those which are there called Valvasores Majores and afterwards called Capitanei For of the Valvasors which are thought to be the Barons Valvasores Minores and Valvasini or Valvasores Minimi The like Dignity before the Conquest had those which of the English-Saxons were called Thaines Mills fol. 28. saith Barons were in France from the beginning nevertheless the name of Baron was not much used in this Kingdom until the Norman Conquest after which the word Baron seemeth to be frequently used instead of Thaine amongst the English-Saxons For as they in general and large signification did sometimes use the same to the sense and meaning and import of a Freeman born of a Free Parentage or such like So did the Normans use the word Baron and therefore called their best esteemed Towns and Boroughs by the name of Barons And so the Citizens of London were called Barons Londonni divers ancient Monuments of whom also Britan. maketh mention fol. 272. lib. 5. cap. 14. Also there are divers Charters wherein mention is made of such like Barons And the Barons of Warwick in the Record of Domesday and unto our time the Free Burgesses of the Five priviledged Ports and for that also divers of the Nobility of Barons as well Spiritual as Temporal did in ancient time sit in the Exchequer to determine the matters there arising The Judges of that Court have been time out of mind called Barons of the Exchequer And â—â—lliam de la Poole was created a Baron by King Edward the Third and made Lord Chief Baron of the Exchequer Moreover as the English Saxons had two kinds of Thaines the like hath been observed as touching Barons â—or the King and the Monarchs of the Realm have their immediate Barons being the Peers of the Realm And in like manner certain others of the Nobility especially the Earls which have Jurisdiction Palatine and Earls-Marshal whose Countries have confined upon the Coasts of the Enemy and had under them for their better defence a kind of Barons as namely under the County Palatine of Chester were these Barons viz. the Barons of Hilton Mountale Molebanck Shipbrooke Malpas Massa Kinderton Stockport c. The Earldom of Pembroke being first erected by Arnulphus Montgomery that conquered part of Wales and therefore the Earl thereof being an Earl-Marshal had also under him his Barons as by the Parliament Rolls 18 Edw. 1. doth appear It hath been therefore a common Opinion received That every Earldom in times past had under it Ten Barons and every Baron Ten Knights Fees holden of him and that those which have Four Knights Fees were usually called and promoted to the Degree of a Baron Also Lords and Proprietors of Mannors were in respect of them in ancient remembrance called Barons but absolutely and the Courts of their Mannors called thereof Courts Barons It resteth now for the more explanation of the use of the name of Barons that we call to remembrance that which hath bin afore spoken That the Custome of our Country is that if a Baron be created Earl the eldest Son of the said Earl taketh upon him in the life time of his Father the Name and Title of the Barony although he want the priviledges belonging to a Baron The Tenor and proper signification of the word Baron BArons Honourable are of three kinds viz. by Tenure by Writ and by Creation or Patent As for Barons by Prescription which some men have spoken of they are intended to be all one with the Barons by Tenure or those whose Ancestors time out of mind have been called to Parliament by Writ for otherwise there are no such to be found as Barons by Prescription only CHAP. X. Barons by Tenure BArons by Tenure are those which do hold any Honour Castle or Mannor as the head of their Barony per Baroniam which is Grand Serâ—eanty And those Barons by Tenure are of two sorts Barons Spiritual by Tenure and Barons Temporal by Tenure Of Barons Spiritual by Tenure sufficient is said whereunto may be added That it appeareth by all the ancient Writers of our Law as Brittan Glanvile Bracton and the rest that the Archbishops and Bishops of the Realm in the ancient Saxons days as well during the time that the Realm was divided into divers Kingdoms as also after the uniting of them into one Monarchy were called to Parliament or Assemblies of State as Wisemen not so much in respect of their Tenure for in those days all their Tenures were by a Frank Almoigne but especially for that the Laws and Counsels of men are then most currant and commendable and have a more blessed Issue and Success where they are grounded upon the Law of God the Root and Beginning of
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
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-wood-house in Yorkshire English Earl 23 Sir Richard Musgrave of Hartley-Castle in Westmoreland Kt. 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 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 138 Iuly 3. Sir Thomas Roberts of Glassenbury in Kent Kt. 139 8. Iohn Hanmer of Hanmer in Flintshire Esq 140 8. Edward Fryer of Water-Eaton in Oxfordshire Esq Extinct 141 13. Edward Osborn of Keeton in Yorkshire now Earl of Danby in England 142 20. Henry Felton of Playford in Suffolk Esq 143 20. William Challoner of Gisborow in Yorkshire Esq 144 24. Sir Thomas Bishop of Parham in Sussex Kt. 145 26. Sir Francis Vincent of Stoke d' Abernon in Surrey Kt. 146 Feb. 27. Henry Clere of Ormsby in Norfolk Esq 147 March 8. Sir Benjamin Titchborne of Titchborne in Hantshire Kt. 148 May 5. 1621. Sir Richard Wilbraham of VVoodhey in Cheshire Kt. 149 8. Sir Thomas Delves of Duddington in Cheshire Kt. 150 Iune 23. Sir Lewes VVatson of Rockingham-Castle in Northamptonshire Kt. since an English Baron 151 29. Sir Thomas Palmer of VVingham in Kent Kt. 152 Iuly 3. Sir Richard Roberts of Truro in Cornwall Kt. now Baron Truro 153 19. Iohn Rivers of Chafford in Kent Esq 154 Sept. 6. Thomas Darnell of Heyling in Lincolnshire Esq 155 14. Sir Isaac Sidley of Great Chart in Kent Kt. 156 21. Robert Brown of VValcot in Northamptonshire Esq 157 Oct. 11. Iohn Hewit of Headley-hall in Yorkshire Esq 158 16. Henry Iernegan of Cossey in Norfolk Esq 159 Nov. 8. Sir Nicholas Hide of Albury in Hertfordshire Kt. Extinct 160 9. Iohn Phillips of Picton in Pembrokeshire Esq 161 24. Sir Iohn Stepney of Prendergast in Pembrokeshire Kt. 162 Dec. 5. Baldwin VVake of Clevedon in Somersetshire Esq 163 20. VVilliam Masham of High-Laver in Essex Esq 164 21. Iohn Colebrond of Bocham in Sussex Esq 165 Ian. 4. Sir Iohn Hotham of Scarborough in Yorkshire Kt. 166 14. Francis Mansell of Mudlescomb in Carmarthenshire Esq 167 18. Edward Powel of Penkelley in Herefordshire Esq Extinct 168 Feb. 16. Sir Iohn Gerrard or Garrard of Lamer in Hartfordshire Kt. 169 23. Sir Richard Grosvenour of Eaton in Cheshire Kt. 170 Mar. 11. Sir Henry Moody of Garesdon in VViltshire Kt. Extinct 171 17. Iohn Barker of Grimston-hall in Trimley in Suffolk Esq 172 18. Sir VVilliam Button of Alton in Wiltshire Kt. 173 26. 1622. Iohn Gage of Ferle in Sussex Esq 174 May 14. VVilliam Goreâ—â—g of Burton in Sussex Esq 175 18. Peter Courteen of Aldington in VVorcestershire Esq Extinct 176 23. Sir Richard Norton of Rotherfield in Hantshire Kt. 177 30. Sir Iohn Laventhorp of Shingle-hall in Hertfordshire Kt. 178 Iune 3. Capell Bedell of Hamerton in Huntingtonshire Esq Extinct 179 13. Iohn Darell of VVestwoodhey in Berkshire Esq 180 15. VVilliam VVilliams of Veynol in Carnarvanshire Esq 181 18. Sir Francis Ashby of Hatfield in Middlesex Kt. 182 Iuly 3. Sir Anthony Ashley of St. Giles-VVinborne in Dorsetshire Kt. Extinct 183 4. Iohn Cooper of Rochbourn in Hantshire Esq now Earl of Shaftsbury in England 184 17. Edmund Prideaux of Netherton in Devonshire Esq 185 21. Sir Thomas Haselrigg of Nousley in Leicestershire Kt. 186 22. Sir Thomas Burton of Stockerston in Leicestershire Kt. 187 24. Francis Foliamb of VValton in Derbyshire Esq Extinct 188 30. Edward Yate of Buckland in Berkshire Esq 189 Aug. 1. George Chudleigh of Ashton in Devonshire Esq 190 2. Francis Drake of Buckland in Devonshire Esq 191 13. VVilliam Meredith of Stansly in Deubighshire Esq 192 Oct. 22. Hugh Middleton of Ruthin in Deubighshire Esq 193 Nov. 12. Gifford Thornhurst of Agne-Court in Kent Esq 194 16. Percy Herbert ofâ— Redcastle in Montgomeryshire Esq 195 Dec. 7. Sir Robert Fisher of Packington in VVarwickshire Kt. 196 18. Hardolph VVastneys of Headon in Nottinghamshire Esq 197 20. Sir Henry Skipwith of Prestwould in Lincolnshire Kt. 198 22. Thomas Harris or Herris of Boreatton in Shropshire Esq 199 23. Nicholas Tempest of Stella in the Bishoprick of Durham Esq 200 Feb. 16. Francis Cottington of Hanworth in Middlesex Esq since an English Baron and now Extinct 201 April 12. 1623. Thomas Harris of Tong-Castle in Shropshire Esq Extinct 202 Iune 28. Edward Barkham of South-acre in Norfolk Esq 203 Iuly 4. Iohn Corbet of Sprouston in Norfolk Esq 204 Aug. 13. Sir Thomas Playters of Sotterley in Suffolk Kt. Baronets according to their Creations by King Charles the First 205 Iuly 27. 1626. Sir Iohn Ashfield of Netherhall in Suffolk Kt. 206 Sept. 8. Henry Harpur of Calke in Derbyshire Esq 207 Dec. 20. Edward Seabright of Besford in Worcestershire Esq 208 Ian. 29. Iohn Beaumont of Grace-dieu in Leicestershire Esq Extinct 209 Feb. 1. Sir Edward Dering of Surrenden-Dering in Kent Kt. 210 5. George Kempe of Pentlone in Essex Esq 211 Mar. 10. William Brereton of Hanford in Cheshire Esq 212 12. Patricius Curwen of Workinton in Cumberland Esq Extinct 213 William Russel of Witley in Worcestershire Esq 214 14. Iohn Spencer of Offley in Hartfordshire Esq 215 17. Sir Giles Estcourt of Newton in Wiltshire Kt. 216 Apr. 19. 1627. Thomas Aylesbury Esq one of the Masters of Requests Extinct 217 21. Thomas Style of Waterinbury in Kent Esq 218 May 4. Frederick Cornwallis of in Suffolk Esq 219 7. Drue Drury of 〈◊〉 in Norfolk Esq 220 8. William Skeffington of Fisherwick in Staffordshire Esq 221 11. Sir Robert Crane of Chilton in Suffolk Kt. Extinct 222 17. Anthony Wingfield of Goodwins in Suffolk Esq 223 17. William Culpeper of Preston-hall in
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 consisâ—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 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 Postnaâ—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
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 Aâ—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 Mâ—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 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 Conâ—â—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 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 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 Common-wealth 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
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 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 quamdiâ— 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
Tho WilbraÌ„ham of Woodhâ—â— in Cheshire Bart. now to Charlott Daughter of ye. R t honble Orlando Bridgman Kt and Bart. deceased Late Ld. Keeper of the great Seale of Enâ—land the 514 Bart. by Creation 〈◊〉 â—â—hn Bridgâ—man of Castle Bromwicâ— in Warwickshire Bar t Eldest son of ye. Rt. honble Sr. Orlando Bridgâ—â—an of great Leaâ—er in Lancashir Kt. Bart. deceâ—â—â—â— Laâ—e â—â— Keeper of ye. great seale of England wth 〈◊〉 S â— â—ohn is now maried to Mary Daughter Coheyrâ— of â—â—â—â—gâ—â—radock of Carswall Castle in Stafordshire Esq deceased Thâ— 496 Bart. by Creation â—r. Samuell Barnadiston of Brightwell Hall in Suffolâ— Bart. Third son to Sr. Nath Barnadiston of Kettoâ—â—â—◠〈◊〉 the Sd. County who was ye. 23d. Kt. Lineally descended of ye. family wth still Enjoyes ye. Paternall Estate they had before ye. Conquest ye. Bart. by Creation Sr. Thomas Darâ—ey of St. Clerehall in St. oseth in ye. County of Essex Bart. The 486 Bart. by Creation Sr. Humfrey Forster of Aldermaston in Barkshire Bart. descended of a family of great antiquity Whose Ancestors haue been there seated for Aboue 300 yeares the 129 Bart. by Creation Sr. Iohn Robinson of ye. Citty of London Alderman Kt. Bart. Leiutenant of his matys Tower of London The 494 Bart. by Creation Sr. Ralph Verney of Middle Claydon in ye. County of Bucks Kt. Bart. son to Sr. Edmund Verney Kt. Marshall to K. Charles ye. first and Standard bearer at ye. Battle of Edghill The 619 Bart. by Creation S â— Iohn Hobart of Blicklinâ— in Norfolk Barot. heire male to Sr. Henry Hobart K â— Barot. Cheife Iustice of ye. Common please who descended from the 2d son of Sr. Iames Hobart of Halâ—s in â—â—d. County Attorney Generall to King Hâ—nry ye. 〈…〉 Iohn is now maried to Mary daughter of Iohn Hampden of Hampden in Buckingham shire Esq. 〈◊〉 yeâ— â—tâ— Bart. by Creation Sr. Iohn Corbett of Stoke upon Tean and Adderley in Shropshire Bart. first maried to Theophila daughter and Coheire of Iames Cambell in Essex Esq and now to â—rances daughter of Randolph Egerton of Betley in Staffordshire Esq â— yâ— 217 Bart. by Creation Sr. Vincent Corbett of Moarton Corbett in Shropshire Bart. now maried to Elizabeth daughter of Francis Thornes of Shelvock in ye. sd. County ye. 37â— Bart. by Creation Sr. Thomas Williams of Elham Court in Coâ—â— Kent Kt. and Baronet first and principall Chymical Phâ—sitian to his maty King Châ— the 2d. the Bart. by Creation Sr. Phillip Perciâ—â—le of Burton in the County of Corke in Ireland Baronet descendâ—d from the Perciuals of North Weston near Bristoll in Somersetshire the family caâ—â— in with William the Conquerer and were â—hefore of Vile near CaeneÌ„ in Normandy Sr. Iohn Lowther of Lowther hall in the County of Westmoreland Bart. Srâ— Charlâ—s Wheâ—er of Burbury in the County of Warwick Baronetâ— anciently of Martin Husâ—ingtre in the County of Worcester the 544 by Creacion â—râ— Meâ—calfe Robinson of Newby in the North rideing of Yorkshire Bart. maried Margaret daughter of Sr. William Darcâ—â— of Witton Castle in the Bishoprick of Durham Kt. the 536 Bart. by Creation Sr. Kingmill Lucy of Nâ—tley in Huntshire Barâ—â— Second Branch of the Ancient Family of the Lucyâ— of Charleâ—oâ— in Warwickshire now Maried to Theophila 2d. daughter to the R â— honble Gâ—â—â—ge Ld. Barkley of 〈…〉 Castle the 99th Bart. by Creatiâ—◠〈◊〉 Thomas Hanmer of Hanmer Bettes fiâ—lâ— in the County of Flint Bart. descended by many Knights from Sr. Iohn de Hanmer who lived in the tyme of King Edw the first the 139 Bart. by Creation 〈◊〉 Henry Hunlock of Wingerworth in Derbyshire Bar â— in the Escocheon of pretence is the Armes of Katherine his Lady who was sole daughter heâ—râ— of â—rancis Turwhit of Kettleby of Lincolnshire Esq â— last â—f yâ— Eldest branch of that great antient family the 424 Bart. by Creation Srâ— William Glynne of Bissâ—â—â—er alias Byrcester in Oxfordshire of Hawarden in flintshire Baronet â—â—iter maried wth Penelopeâ— daughter of Stephen Anderson of Evworth in Bedfordshire Esq the 64â— Bart. by Creation â—râ— Richard Graham of Nether by in Cumberland Bart. 〈…〉 in the second son of the Earle of Monteith in the Kingdome of â—cotland who about the tyme of Kâ— Henâ— yâ— 4th of England maried yâ— Lady Anne Vere Daughter to the Earle of Oxford wch Sd. Sr. Ricâ—â—â—â— now maried to the Lady Anne 2d. daughtâ—r to Charles â—arle of 〈◊〉 the 284 Bart. by Creation Sr. IOHN â—ANKS of the Fryers in Aylesford â—â— the County of Kent Bart. now maried Elizabethâ— eldest daughter of Sr. Iohn Dethick of the Citty of London Kt. and Alderman deceasâ—d ye. 671 Bart. by Creation 〈◊〉 Iohn Shaw of Eltham in the County of Kent◠〈◊〉 Bart. now maried to Bridget Viscount 〈◊〉 Kilmurrey daughter to Sr. William Druâ—y of Bestroorp in Norfolk Bart. the 755 Bart. by Creationâ— Sr. RICHARD HEAD of the Citty of Rochester in the County of Kent Baronet the by Creation 〈◊〉 Edwâ— More of Morehall Bank hall in Lancashiâ—â—â—aâ—t. Whos 's late wife was Dorothy one of the Daughâ—â—â— Coeheirâ—s to Sr. â—ittâ— Fenwick of Meldon in Northumberland Kt. and Bartâ— by â—eabell Daughâ—â—â—â— sole heire of Sr. Arthur Grey Kt. Uncâ—â— to â—â—esent Will Ld. Grey of Warkeâ— the 689 Bart. by Creation Sâ—â— Iohn Holland of Quidenham in ye. County of Norâ—â—â—â—â—ar t dâ—scendâ—d from the Hollands of ye. Antient 〈◊〉 〈◊〉 in Lancashir Maried to Alathea daughter and Câ—heyce of Iohn Panton of Bruâ—â—shop in Denbighshiâ—â—â—â—que Reâ—ict of ye. Rt. Honerblâ— Wittâ— Ld. 〈◊〉 of the Vine in Hantshire the 188 Bart. by Creation â—râ— Anthony Aucher of Byshopsbourn in 〈◊〉 â—t. Bart. maried to one of ye. daughter oâ— Robert Hatton Kt. deceased one of the Chamberlyns of his matys Exchequâ—râ— the Bart. by Creationâ— Sr. Iohn Reresby of Thriberge in the West Rideing of Yorkshire Bart. Gouernor of Burlington in the said County the 387 Bart. by creation OF BARONETS CHAP. XIX THE lowest degree of Honour that is Hereditary is this of Baronets which was instituted by King Iames in the ninth year of his Reign Anno 1611. They are created by Patent under the Great Seal a form of which I shall here set down which are generally all of one form viz. to a Man and the Heirs Males of his Body lawfully begotten yet sometimes the Honour is otherwise entailed for want of Issue Male. And the Proeme or Argument of the said Patent being for the propagating a Plantation in the Province of Vlster in Ireland to which the aid of these Knights was ordained or for the maintenance of Thirty Souldiers each of them in Ireland for three years after the rate of eight pence sterling per diem which at first was payed into the Exchequer at a lump upon the passing their Patents which with the Fees of Honour due to Officers amounted to above One thousand pounds a Man Their Titles are to descend as aforesaid and they
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 Pillaton-hall in Staffordshire Esq 240 Iuly 7. Ambrose Brown of Betsworth-Castle in Surrey Esq 241 8. Sackvile Crow of Llanherne in Caermarthenshire Esq 242 11. Michael Livesey of East-church in the Isle of Sheppy in Kent Esq Extinct 243 17. Simon Bennet of Benhampton in Bucks Esq 244 19. Sir Thomas Fisher of St. Giles's in the Fields in Middlesex Kt. 245 23. Thomas Bowyer of Legthorn in Sussex Esq 246 29. Buts Bacon of Milden-hall in Suffolk Esq 247 Sept. 19. Iohn Corbet of Stoke in 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. 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 â—â—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. 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.
it goeth by Seniority The Opinion of some men lately hath been That Knights Lieutenants that is to say such Knights as either have been Ambassadors in Foreign Parts or Judges within the Realm may and ought to have during their lives precedency above men of their own rank after their Offices expire and sub Iudice his est not determined by Judgment But admitting it so to be by way of Argument in that case yet the Heralds do deny that priviledge to the Lord Mayor and Aldermen of London or Justices of the Peace who have their limited Jurisdiction of Magistracy confined them but the former are generally Magistrates throughout the Realm and their employment concerneth the whole Commonwealth and having the publick Justice and Honour of the whole Estate committed unto them do more meritoriously draw from thence a great respect of Honour according to the generality of their Administration and Employments which an inferiour and more conâ—â—ned Magistrate cannot have The name of a Knight is a name of Dignity and a Degree as is the name of Duke Earl c. and in all Actions he shall be slyled Knight otherwise the Writ shall abate A Knight also must be named by both his Chriâ—tian and Surnames as Sir A. B. Knight But those Degrees honourable that are made by Patent may be named only by their Christian Names and by their Title of Honour as Gilbert Earl of Shrewsbury and that for two causes First because of their solemn Creations nomen dicitur à noscendo Secondly there is but one part of that Title of Honour within England and therefore it is certain what person he is but otherwise of Knights as it is certainly known in the 8 Edw. 4.24 a. And Prisot Chief Justice saith in the 32 Hen. 6. 26. b. That if an Esquire be made a Knight he loseth his Name of Esquire but though a Knight be made a Nobleman or of any higher Degree he doth still retain the name of Knight and so ought to be styled in all Writs Also if a man do recover in an Action by the Name of Iohn Stiles Esq and afterwards be made a Knight he must sue his Scire Facias by the Name of Knight And this name shall not die with him for if they were bound in an Obligation by the Name of Gentlemen or Esquires and afterwards one is made a Knight and dieth the Plaintiff in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate If a Grant be made to H. D Knight when he is not a Knight it is a void Grant but if it be a Feoffment with Livery the Livery maketh it good If the Plaintiff or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiff may not have another Writ by Iourneys accompt But by the Statute made 1 Edw. 6. chap. 7. it is amongst other things enacted That albeit any person or persons being Justices of Assize Justices of Goal-delivery or Justices of the Peace within any of the King's Dominions or by any other of the King's Commissions whatsoever shall have the fortune to be made or created Duke Archbishop Marquess Earl Viscount Bishop Baron Knight Justice of the one Bench or of the other Serjeant at Law or Sheriff yet that notwithstanding he and they shall remain Justices and Commissioners and have full power and authority to execute the same in like manner and form as he or they might or ought to have done before the same By the Satute of 1 Hen. 5. chap. 5. it is enacted as followeth That every Writ Original of Actions personal Appeals and Indictments and in which an Exigit shall be awarded to the names of the Defendants in such Writs Oginal Appeals and Indictments shall be made the Additions of their Estate Degrees c. And a little after it is provided That if the said Writs of Actions Personal be not accordding to the Record and Deed by the Surplusage of the Additions aforesaid that for this cause they are not Iohn Sâ—iles Gent. is bound by Obligation to one W. B. the Obligor is afterwards made Knight the Bond is forfeited W. B. by his Attorney draweth a Note or Title for an Original according to the Defendants Degree although it varies from the Original Specialty as it ought to be made by the Statute But the Cursitor mistaking did make the Original only according to such Addition as was specified in the Obligation omitting his Degree or Dignity and the Entry of the Capias alias pluris was according to the said Original But in the Exigit and Proclamation and Entry of it the Defendant was named according to his Degree of Dignity upon a Writ of Error after a Judgment doubt was If this might be amended in another Court than where the Original was mâde and at the last it was resolved by all the Court That the Record should be amended by the Cursitor and made according to the Note and Title delivered unto him by the Attorney It appeareth in our Books of Law that the highest and lowest Dignities are universal for as if a King of a Foreign Nation come into England by his Majestie 's leave as it ought to be in this case he shall sue and be sued by the Name of a King So shall a Knight sue or he sued by the name of a Knight wheresoever he received that Degree of Honour But otherwise it is as if a Duke Marquess Earl or other Title of Honour given by any Foreign King or Emperor yea although the King by his Letters Patents of safe Conduct do name him Duke or by what other Foreign Title of Dignity he hath For Experience teacheth that Kings joyned in League together by a certain mutual and as it were a natural power of Monarchs according to the Law of Nations have admitted one anothers Servants Subjects and Ambassadors graced with the Title of Knighthood Therefore though a Knight receive his Dignity of a Foreign Prince he is so to be stiled in all Legal Proceedings within England And Kings were wont to send their Sons unto their Neighbour Princes to receive Knighthood at their hands thinking that it was more honourable to take Arms of some other leâ—t affection might seem to prevent Judgment when the Father gave them that Honour Thus our King Henry the Second sent unto David King of Scots and Malcombe King of Scots unto our Henry the Second and our Edward the First unto the King of Castile to take of them Military Arms For these terms and phrases they used in that Age for the Creation of a Knight And Knights in all Foreign Countries have ever place and precedency according to their Seniority of being Knighted which priviledge is denied to Noblemen for be they never so ancient in Foreign Countries they shall go below as Puisnes The Degree of Knighthood is not only a Dignity and Honour