the former which is by lybelling secret slandering or defaming of others for this privy Backbiter doth not by words impeach his Adversary in so manifest and turbulent manner as the cholerick Menacer in his fury doth but seeming to sit quietly in his Study doth more deeply wound his Fame and Credit than the other boisterous person doth for he in a moment threatneth to do more than peradventure he is either able or hath courage to perform in all his life For his Passion thus discovering the Malice of his Heart doth give his Adversary warning to defend himself from him But this secret Canker the Libeller concealeth his Name hideth himself in a Corner and privily sâ—ingeth his Reputation and Credit and he knoweth not how to right himself and the greater is this Offence if done to a publick Magistrate or Minister of State for then it may bring a disturbance to the peace of the King and Kingdom And if it be against a private person the staining his Reputation will cause him not to be at quiet in Body and Mind until he hath found his Enemy which many times may lie so secretly hid that he cannot be discovered and then probably one innocent upon some suspicion or other may come to suffer for it Sometimes the malicious Defamer poureth forth his poyson in writing by a Scandalous Book Ballad Epigram or Rhime near the place where the party so abused doth most converse In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be severely punished for he may either be Indicted by the ordinary Course of the Common Law and if it be an exorbitant Offence then by Pillory loss of Ears Whipping c. or the party grieved may have an Action upon the Case against the Offender and recover his Damages And in this it is not material whether the Libel be true or false or the party scandalized be alive or dead or be of a good or ill Name yet our Laws are so made as to punnish him and such like men by a due Course of Justice And to conclude this matter concerning Wrongs done to the Name and Dignity of a Nobleman this may be added That it is usual for any person to usurp the Arms of another Further if a Nobleman's Coat-Armour and Sword of other Gentleman 's bearing Arms at the solemnizing of their Funerals is set up in the Church for the Honour of the deceased and is by the covetousness of the Incumbent that pretendeth right thereunto as Offerings due unto him afterwards taken down or if they be defaced by any other such are to be severely punished as Malefactors And in that case the Action shall not be given to the Widow though she be Executrix or Administratrix of her Husband's Goods for such things which serve for the Honour of the party deceased are not to be accounted inter bona Testatoris And the Heir shall have his Action as the Defender of his Ancestor's Honour But the wrong is offered to the House and Blood and therein specially to the Heir qui est totius geniturae splendor and therefore to him accrueth the right of Action for so it is reported by Sir Iohn Fern in his Glory of Generosity fol. 83. that the Lady Withers Case in 9 Edw. 4. 14. hath been adjudged OF VISCOUNTS CHAP. VII THE next Degree of Honour to an Earl is a Viscount which was anciently a Name of Office under an Earl who being an immediate Officer of the King 's in their County for that their personal attendance was oft-times required at the Court had his Deputy to look after the Affairs of the County which at this day is an Office and called a Sheriff retaining the Name of his Substitution in Latin therefore called Vicecomes But about the Eighteenth of Henry the Sixth it became a Degree of Honour who conferred this Title upon Iohn Lord Beaumont by Letters Patent A Viscount is created by Patent as an Earl hath a Hood Surcoat and Mantle which hath on it two Guards and a half of white plain Furr without Ermins And his Coronet is only pearled with a row of Pearls close to the Chaplet He hath the Title of the Right Honourable and truly Noble or Potent Lord He may have a Taveress in his own House and his Viscountess may have her Train born up by a Woman out of her Superior's presence and in their presence by a Man The Effigies of the Right honble Thomas Belasise viscount Falconbergh of Henknowle Baron Falconbergh of Yarum Ld. Leiuetenant of the North rideing of York shire And one of ye. Lords of his maties most honble Priuy Councell ct R. Whiâ—â— sculp The Rt. Honourable George Sauile Viscount Halifax Baron Sauile The Rt. Honourable Robert Paston Viscounâ— Yarmouth Baron Paston of Paston The Rt. Honourable Francis Viscount Nervport â—f Bradford Baron Nervport of High Ercâ—ll Ld. Leutenant of ye. County of Salop. Treasurer of his matys Household one of ye. Lds of his matys most honble Privy Councell The Rt. Honâ—rblâ— Thomaâ— Needham Lâ—rd Viscount Killmurrâ—y of the Kingdome of Ireland The Rt. Honorable Wiâ—liam Viscount Brouncker of Lyonâ— and Baron Brouncker of Nâ—â— Castle in the Kingdome of Ireland a. The R t Honâ—rable Charles Ld. Fairfax Viscount Emula in the Kingdome of Ireland The Rt. Honorable Maurice Berkeleyâ— Baron Beckeley of Rathdowne Viscount Fitz Harding of â—ear hauen in the Kingdome of Ireland The Right Honourable Leicester Devoreux Viscount Hereford and Baron Ferrers of Chartley. The Right Honourable Francis Browne Viscount Montague The Right Honourable William Finnâ—â— Viscount and Baron Say and Seale The Right honble Edward Viscount Conway Barâ—n of Ragley in England and Viscount of Kilultagh in Ireland Leivetenant Generall of the Horse and one of the Lords of his Majestys moâ—t honble privy for the said Kinâ—dome of Ireland The Rt. Honourable Baptist Noel Viscounâ— Baron Noel of Ridlington and Elmington And Lord Leiutenant of Rutlandshire The Right Honourable William Howard Viscount and Baron Stafford The Rt. Honourable Thomas Bellasisâ—â— Viscount Folconbergh of Henknowle 〈◊〉 Falconbergh of Yarum Lord Leivtenant of North rideing of Yorkeshire one of the Ldâ— of his 〈◊〉 Most honble Priuy Councell â—he Rt. Honourable Iohn Mordant 〈…〉 Mordant of Aveland and Baron of Rygate The most Reverend Father in god Gilbert Sheldon by Divine Providence Lord Arch-Bishop of Canterbury Primate Metropolitan of all England one of yâ— Lords of his matys most honble privy Councell The most Reverend Father in God Richard Sterne by Divine Prouidence Lord Arch-Bishop of Yorke Primate and Metropolitane of England c a. The Right Reverend Father in god Humfrey Hinchman by Divine permission Lord Bishop of London Grand Almoner to his Maty one of the Lords of his matys most honble privy Councell c a. The Right Reverend Father in God Seth by Diuine permission Lord Bisshop of sarum Chancellor
of the most noble order of the Garter c â— The Right Reverend Father in God Henry Compton by Divine permission Lord Bishop of London Deane of his matys Chappel and one of the Lords of his most honble privy Councell brother to the Rt. honble Iames Earle of Northampton The Right Reverend Father in God Nathaniel Crew by divine permission Lord Bishop of Durham Clerk of the Closetâ— to his Maty and one of the Lords of his most honble privy Councell son to the Rt. honble Iohn Ld. Crew Baron of Steane The Right Reverend Father in God Iohn Pearson by Divine permission Lord Bishop of Chester The Right Reverend Father in God Peter Gunning by Divine permission Lord Bishop of Ely OF THE Lords Spiritual CHAP. VIII ACCORDING to the Laws and Customes of this Realm many are the Ecclesiastical Dignities and Priviledges belonging to the Bishops and Clergymen who in all succeeding Ages have been reverenced with the greatest observance imaginable as being acknowleded by all good Christians to be those Messengers sent and particularly appointed by God to take care of our Souls The Subjects of England are either Clergy or Laymen both which are subdivided into Nobility and Commons Thus we find in our Parliament the Lords Spiritual and Temporal make the Upper House the Commons Spiritual viz. the Clergy elected to sit in Convocation who once had place and suffrage in the Lower House of Parliament and the Commons Temporal viz. the Knights and Burgesses make the Commons Most evident it is by the Consent of all the Councils Fathers Histories and Universal Tradition That for the first Fifteen hundred years continuance of Christianity there is no Example to be found of any Church governed by any Authority Ecclesiastick but that of Episcopacy they were ordained by the Apostles themselves to be their Successors in Christ's Church to have a vigilant eye over the Pastors and Teachers under them as to their Lives and Doctrine for the preservation of Truth and Peace the prevention of Scandal suppression of Heresie and Schism and to have a care of their Flock to bring them to Salvation 'T is not therefore without reason that in all times they have been the first of the two Divisions of the people the Clergy and Laity and as Spiritual Barons take place of Temporal they take their name from the Saxon word Biscoep a Super-intendent or Overseer They are three ways Barons of the Realm viz. by Writ Patent and Consecration They precede all under the Degree of Viscounts and are always placed upon the King 's right hand in the Parliament House They have the Title of Lords and Right Reverend Fathers in God And their Sees by the piety of former times are endowed with fair Revenues for the due administration of what belongs to their places And to keep them from corrupt and sinister affections the King 's most Noble Progenitors and the Ancestors of the Nobility and Gentry have sufficiently endowed the Church with Honour and Possessions Many Priviledges and Immunities were likewise granted to them and the Clergy by the Saxon and Danish Kings as coyning of Money conferring the Order of Knighthood c. which hath been long since appropriate to the Crown Thus Laufranck Archbishop of Canterbury made William the Second Knight in the life time of his Father Of Priviledges remaining some belong to to the Archbishops some to the Bishops as they are so and some to them and all other of the Clergy We read of three Archbishopricks in England before the Saxons came amongst us viz. that of London York and Carleon upon Vske But Christianity being thence expelled by the Pagans the succession of those Sees ceased till it pleased God to restore the Light of his Gospel to the blind Saxons which in this Kingdom had planted themselves by the Ministration of St. Augustin who first preached Salvation to them at Canterbury and was there buried for whose sake they removed the Episcopal See from London unto Canterbury and in process of time placed another Archbishop at â—ork which two Provinces included England and Wales and have Five and twenty Bishops under them Six and twenty Deans of Cathedrals and Collegiate Churches Sixty Arch-Deacons Five hundred forty four Prebendaries many rural Deans and about Ten thousand Rectors and Vicars of Parishes The Archbishop of Canterbury was anciently the Metropolitan of England Scotland Ireland and the Isles adjacent and was therefore sometime styled a Patriarch and had several Archbishops under him His style was Alterius orbis Papa orbis Britannici Pontifex The Date of Records in Ecclesiastical Affairs ran thus Anno Pontificatus nostri primo c. He was Legatus Natus which power was annexed to that See near One thousand years ago whereby no other Legat or Nuntio from Rome could exercise any Legantive power without the King 's special Licence In General Councils he had place before all other Archbishops at the Pope's right Foot Nor was he respected less at home than abroad being according to the practise of most other Christian States reputed the second person in the Kingdom and named and ranked before the Princes of the Blood By the favour of our present King he still enjoys divers considerable preheminences as Primate and Metropolitan of all England hath power to summon the Arch-bishop of York and the Bishops of his Province to a National Synod is primus par Regni preceding not only Dukes but all the Great Officers of the Crown next to the Royal Family He is styled by the King Dei Gratia Archiopiscopus Cantuarii Writes himself Divina Providentia as doth the Archbishop of York other Bishops write Divina permissione and hath the Title of Grace given him as it is to Dukes and Most Reverend Father in God His Office is to Crown the King and wheresoever the Court shall happen to be 't is said the King and Queen are Speciales Domestici Parochiani Domini Archiepisc. Cant. The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellor and the Bishop of Rochester his Chaplain He hath the power of all the probate of Wills and granting Letters of Administration where the party hath bona notabilia that is Five pounds worth or above out of the Diocess wherein he dieth or Ten pounds worth within the Diocess of London By Statute of Hen. 8. 25. he hath power to grant Licences Dispensations c. and holds divers Courts of Judicature viz. his Courts of Arches of Audience his Prerogative Court and his Court of Peculiars And he may retain and qualifie eight Chaplains which is more by two than a Duke can do The Arch-bishop of York was also Legatus Natus and had that Authority annexed to his See He had all the Bishopricks of Scotland under his Province till the year 1470. He hath the place and precedency of all Dukes not of the Royal Blood and of all great Officers except only the Lord Chancellor or Lord Keeper
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
Civil Law must needs be very ancient for field nor fight cannot be continued without the Law therefore 't is to be presumed it began when Battels were first fought in the World and the bearing of Arms was come to some perfection at the Siege of Troy for Hector of Troy bore Sable two Lyons combattant Or. It is written by an ancient Author called Gesta Trojanor â— that a Knight was made before any Coat-Armour and how Asterial who came from the Line of Iapheth had a Son named Olibion who was a strong and mighty man and when the people multiplyed being without a Governour and were warred upon by the people of Cham they all cryed upon Olibion to be their Governour which accepting of and men being mustered under him his Father made to his Son a Garland of Nine divers precious Stones in token of Chivalry Then Olibion kneeled down and his Father took Iapheth's Faulchion that Tubal made before the Flood and smote him nine times on the right shoulder in token of the nine Vertues of Chivalry Also Asterial gave to his Son Olibion a Target made of an Olive Tree with three Corners two above his Face and one beneath to the ground-ward Principles of Honour and Vertue that every Gentleman ought to be endowed with TO love honour and fear God to walk after his Commandments and to his power defend and maintain the Christian Religion To be loyal and serviceable to his Prince and Country To use Military Exercises To frequent the War and to prefer Honour before worldly wealth to be charitable to the distresâ—ed and to support Widows and Orphans To reverence Magistrates and those placed in Authority To cherish and encourage Truth Vertue and Honesty and to eschew Riot Intemperance Sloth and all dishonest Recreations and Company To be of a courteous gentle and affable deportment to all men and to detest pride and haughtiness To be of an open and liberal heart delighting in Hospitalityâ— according to the Talent that God hath blest him with To be true and just in his word and dealing and in all respects give no cause of Offence Of Precedency THe Degrees of Honour which are in this Kingdom observed and according to which they have precedency may be comprehended under two Heads viz. Nobiles Majores and Nobiles Minores Those comprehended under Majores are Dukes of the Royal Blood Archbishops Marquiâ—â—es Earls Viscounts Bishops and Barons And those under Minores are Knights of the Garter â—f no otherwise dignified Knights Bannerets Baronets Knights of the Bath Knights Batchelors Esquires and Gentlemen And all or most of these Degrees of Honour are speculatively distinguished the one from the other in their Ensigns or Shields of Honour as shall be shewed in the Chapter of each particular Degree Touching place of Precedency amonst the Peers or those under the Name of Nobiles Majores it is to be observed That all Nobles of each Degree take place according to their Seniority of Creation and not of years unless they are descended of the Blood Royal and then they take place of all others of the same Degree That after the King the Princes of the Blood viz. the Sons Grandsons Brothers and Nephews of the King take place Then these great Officers of the Church and Crown are to precede all other of the Nobility viz. the Archbishop of Canterbury the Lord Chancellor or Lord Keeper of the Great Seal the Archbishop of York the Lord Treasurer of England the Lord President of the Privy Council and the Lord Privy Seal Next Dukes Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Viscounts Earls eldest Sons Marquisses younger Sons Bishops Barons Viscounts eldest Sons Earls youngest Sons Barons eldest Sons Privy Councellors Judges and Masters of the Chancery Viscounts younger sons Barons younger sons Knights of the Garter if no otherwise dignified which is seldom sound Knights Bannerets Baronets Knights of the Bath Knights Batchelors Colonels Serjeants at Law Doctors and Esquires which may be comprehended under â—ive Heads 1. Esquires unto the King's Body 2. The Descendants by the Male Line from a Peer of the Realm 3. The eldest sons of Baronets and Knights 4. The two Esquires attending upon Knights of the Bath at their making And 5. Officiary Esquires as Justices of the Peace Barresters at Law Lieutenant Colonels Majors and Captains and lastly Gentlemen Note That these great Officers of Court of what Degree soever they are of take place above all others of the said Degree viz. the Master of the Horse Lord Chamberlain of England Lord High Consâ—able of England Lord Marshal of England Lord Admiral of England Lord Steward and Lord Chamberlain of his Majesties Houshold So the Secretaries of State if Peers take place of all of that Degree except these great Officers aforesaid Note That the Ladies take place or precedency according to the Degree or Quality of their Husbands ☞ Note That in a Volume lately published by me entituled Britannia being a Description of his Majesties Dominions in page 33. the precedency of the Nobility and Gentry is treated of wherein the Masters of the Chancery are placed next after Serjeants at Law which Error happened through wrong Information their right place being next after Iudges as is here set down Note That it was decreed by King Iames That the younger sons of Viscounts and Barons should yield place to all Knights of the Garter to all Bannerets made under the Standard Royal his Majesty being present to all Privy Councellors Master of the Wards Chancellor and under Treasurer of the Exchequer Chancellor of the Dutchy Chief Justice of the King's Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and to all other Judges and Barons of the degree of the Coif by reason of their Honourable imploy in his Majesties Courts of Justice Note That as there are some great Officers as aâ—oresaid that take place above the Nobility of a higher Degree so are there some persons who for their Dignities Ecclesiastick Degrees in the Universities and Ofâ—icers in an Army although neither Knights nor Gentlemen born take place amongsâ— them Thus all Deans Chancellors Prebends Doctors of Divinity Law and Physick are usually placed before most sorts of Esquires All Colonels are Honourable and by the Law of Arms ought to precede simple Knights so are all Field Officers Master of the Artillery Quarter-Master General c. All Batchelors of Divinity Law and Physick all Masters of Arts Barrestors in the Inns of Court Captains and other Commissionate Officers in the Army or those by Patent-places in his Majesties Houshold may equal and some of them precede any Gentleman that hath none of these qualifications But how unjustly these Priviledges are possessed by some of these pretenders and how contrary this usage is to the Laws of Honour see the Chapter of Gentlemen I think it here convenient to give you an Account of the Cavalcade of his Mâ—â—â—â—ties passing through
of Nature which he hath vouchsafed unto us because in truth in the Succession of Children a mortal man is made as it were immortal neither unto any mortal men at leastwise unto Princes not acknowledging Superiors can any thing happen in worldly causes more happy and acceptable than that their Children should become notable in all vertuous Goodness Manners and Increase of Dignity so as they which excel other men in Nobleness and Dignity endowments of Nature might not be thought of others to be exceeded Hence it is that we that great goodness of God which is shewed unto us in our felicity not to pass in silence or to be thought not to satisfie the Law of Nature whereby we are chiefly provoked to be well affected and liberal to those in whom we behold our Blood to begin to flourish coveting with great and fatherly affection that the perpetual memory of our Blood with Honour and increase of Dignity and all praise may be affected our well beloved Son Charles Duke of Albony Marquis of Ormond Count of Ross and Lord of Ardmannoth our second begotten Son in whom the Regal form and beauty worthy Honour and other gifts of Vertue do now in the best hopes shine in his tender years We erect create make and ordain and to him the Name Style State Title and Dignity and Authority and Honour of the Duke of York do give to him that Name with the Honour to the same belonging and annexed by the girding of the Sword Cap and Cirtlet of Gold put upon his Head and the delivery of a Golden Verge we do really invest To have and to hold the same Name Style State Dignity Authority and Honour of the Duke of York unto the aforesaid Charles our second begotten Son and to the Heirs male of his Body lawfully begotten for ever And that the aforesaid Charles our second begotten Son according to the decency and state of the said Name of Duke of York may more honourably carry himself we have given and granted and by this our present Charter we confirm for us and our Heirs unto the aforesaid Duke and his Heirs for ever out of Farms Issues Profits and other Commodities whatsoever coming out of the County of York by the hands of the Sheriff of the said County for the time being at the times of Easter and Michaelmas by even portions For that express mention of other Gifts and Grants by us unto the said Duke before time made in these Presents doth not appear notwithstanding these being Witnesses The most excellent and most beloved Henry our Firstbegotten Son Ulrick Duke of Hellet Brother of the Queen our beloved Wife and the Reverend Father in Christ Richard Archbishop of Canterbury Primate and Metropolitan of all England and also our beloved and faithful Counsellor Thomas Lord Elsmere our Chancellor of England Thomas Earl of Suffolk Chamberlain of our Houshold and our dear Cosin Thomas Earl of Arundel our welbeloved Cosins and Counsellors Henry Earl of Northumberland Edward Earl of Worcester Master of our Horse George Earl of Cumberland and also our welbeloved Cosins Henry Earl of Southampton William Earl of Pembroke and also our welbeloved Cosins and Counsellors Charles Earl of Devonshire Master of our Ordinance Henry Earl of Northampton Warden of the Cinque Ports John Earl of Warwick Robert Viscount Cranborne our Principal Secretary and our well-beloved and faithful Counsellor Edward Lord Zouch President of our Council within the Principality and Marches of Wales and also our welbeloved and trusty Robert Lord Willoughby of Eresby William Lord Mounteagle Gray Lord Chandois William Lord Compton Francis Lord Norris Robert Lord Sidney our welbeloved and faithful Counsellor William Lord Knowles Treasurer of our Houshold and our welbeloved and faithful Counsellor George Dunbar Lord of Barwick Chancellor of our Exchequer Edward Bruce of Kinloss Master of the Rolls of our Chancery and also our welbeloved and faithful Thomas Eareskine of Birketon Captain of our Guard James Lord Barmermoth and others Given by our Hand at our Palace at Westminster in the Second year of our Reign of England c. King Edward the Third in the third year of his Reign by his Charter in Parliament and by Authority of Parliament did create Edward his eldest Son called the black Prince Duke of Cornwal not only in Title but cum feodo with the Dutchy of Cornwal as by the Letters Patents may appear in Coke's Eighth Part in the Pleadings Habendum tenendum eidem Duci ipsius haeredum suorum Regum Angliae filiis Primogenitis dicti loci Ducibus in Regno Angliae ei haereditarie successuris So that he who is hereditable must be Heir apparent to the King of England and of such a King who is Heir to the said Prince Edward and such a one shall inherit the said Dukedom which manner of limitation of Estate was short and excellent varying from the ordinary Rules of the Common Law touching the framing of any Estate of Inheritance in Fee-simple or Fee-tayl and nevertheless by the Authority of Parliament a special Fee-simple is in that case only made as by Judgment may appear in the Book aforesaid fol. 27. and 27 Ed. 3.41 b. And ever since that Creation the said Dukedom of Cornwall hath been the peculiar Inheritance of the King 's eldest Son during the life of the King his Father so that he is ever Dux natus non creatus and the Duke at the very time of his Birth is taken to be of full and perfect Age so that he may send that day for his Livery of the said Dukedom And the said black Prince was the first Duke of England after the Conquest For though Bracton who made his Book in the Reign of King Henry the Third saith sunt sub rege Duces as appeareth that place is to be understood of the ancient Kings before the Conquest For in Magna Charta which was made in the Ninth of King Henry the Third we find not the name Duke amongst the Peers and Nobles there mentioned for seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this Honour And the eldest Son of every King after his Creation was Duke of Cornwall as for example Henry of Monmouth eldest Son of King Henry the Fourth Henry of Windsor eldest Son of King Henry the Fifth Edward of Westminster eldest Son of King Edward the Fourth Arthur of Winchester eldest son of King Henry the Seventh and Edward of Hampton first Son of King Henry the Eighth But Richard of Burdeaux who was the first Son of Edward the black Prince was not Duke of Cornwall by force of the said Creation For albeit after the death of his Father he was Heir apparent to the Crown yet because he was not the Firstbegotten Son of a King for his Father died in the life of King Edward the Third the said Richard was not within the limitation of the Grant and Creation by
it doth appear By which Statute three things were ordained First The County Palatine of Lancaster was again established Secondly He did invest it in the Body Politick of the King 's of this Realm And thirdly He did divide it from the order of the Crown Land And in this form it continued until Henry the Seventh who forthwith being descended from the House of Lancaster did separate it only in Order and Government from the Crown and so it continueth at this day Ceremonies to be observed in the Creation of a Duke AT the Creation of a Duke he must have on him his Surcoat and Hood and should be led between two Dukes if there be any present if not a Marquiss or two and for want of either an Earl somewhat before him on the right hand shall go on Earl which shall bear a Cap of Estate with the Coronet in it and on the other side shall also go an Earl which shall bear the Golden Rod and before the Duke that is to be created should go a Marquiss or one of the greatest Estate to bear the Sword and before him an Earl to bear the Mantle or Robe of Estate lying on his Arms. And all these Nobles that do Service must be in their Robes of Estate His Title is proclaimed twice and the Largess thrice The Effigies of the most Noble CHARLES PAULET MARQUESS of WINCHESTER EARLE of Wiltsh And BARON St. IOHN of Basing ct. R. White Sculp The most honble Charles Paulet Marâ—quess of Minchester Earle of Miltshire Baron St Iohn of Basing â— The most honble Henry Somersetâ— Marquess Earle of Worcestâ—â—â— Ld. Herâ—ert Baron of Chipstom Raglan Gomer Ld. President â— Ldâ— Leivtenant of Wales and the Marches L d Leivtenant of 〈◊〉 Countyes of Glocester Hereford Monmouth of the 〈◊〉 County of Bristoll Knight of the most noble order of the Gâ—â—teâ— one of the Lords of his matys most honble privy Councâ—llâ— The most hono rble Henry Rerrepont Marquâ—ss of Dorchester Earle of Kingston upon Hullâ— Viscount Nemarke Ld. Rerrepont Maunvers Herris one of the Lords of his matys most honorbleâ— Priuy Councel câ— OF MARQUISSES CHAP. V. A Marquiss which by the Saxons is called Marken-Reue and signifieth a Governor or Ruler of the Marches hath the next place of Honour to a Duke This Title came to us but of late days for the first was Robert Vere who was created Marquiss of Dublin by King Richard the Second and from that time it became to be a Title of Honour for in former time those that Governed the Marches were commonly called Lord Marchers and not Marquisses After the Normans had conquered this Land it was by them carefully observed as a matter of great moment to place upon the Confines and Borders of the Britains and those not then subdued men of much Valour such that were not only sufficient to encounter the Inrodes and Invasions of the Enemy but also ready upon all Occasions to make onset upon them for the enlarging their Conquest These men thus placed were of high Blood and Reputation amongst their Countrey-men the Normans and in whose Faith the Conqueror reposed special Trust and Confidence And therefore in their Territories given unto them to hold their Tenures were devised to be very special and of great importance and honour enriched with Name and Priviledges of Earl of Chester and so the North-border of Wales created to a County Palatine and the Barons of the middle part of the South Marches were adorned in a manner with a Palatine Jurisdiction having a Court of Chancery and Writs only amongst themselves pleadable to the intent that their Attendance might not thence be drawn for the prosecuting of Controversies or Quarrels in the Law And as for the other part of the South Marches they seemed to be sufficiently fenced with the River Severn and the Sea A Marquiss is created per gladii cincturam circuli aurei suo capiti positionem He is honoured with a Coronet of Gold which is part flowered and part pyramidal with the points and flowers or leaves of an equal height His Mantle is doubled Ermin which is of three doublings and an half whereas the Mantle of an Earl is but of three and the doublings of a Viscount's Mantle is but two and a half which are only plain white Furr without Ermins as are the Barons which are but of two doublings The form of their Patent which at their Creation is delivered into their hands was various but of late â—tis regulated to the method of those of other Degrees and the Ceremonies the same This Honour is hereditary and the eldest Son by the Courtesie of the Land is called Earl or Lord of a place and the younger Sons only Lord Iohn Lord Thomas or the like He hath the Title of most Noble most Honourable and Potent Prince and may have his Cloth of Estate reaching within a yard of the Ground the King or a Duke not being present and his Marchioness may have her Train born up by a Knight's Lady in her own House but not in a Dutchesses presence A Marquisses eldest Son is born an Earl and shall go as an Earl and have his Essay in an Earl's presence and wear as many powdrings as an Earl but shall give place to an Earl and his Wife shall go beneath a Countess and abovâ— all Marquisses Daughters who are born Ladies and the eldest a Countess but shall go beneath a Countess At the Creation of a Marquiss he must have on him his Surcoat and Hood and be led by a Duke or Marquiss the Sword and Cap to be born by Earls He must go after his Creation not after his Marquisite and the Marchioness his Wife according to the same The Effigies of the Right honble CHARLES BEAUCLAIRE Baron of Heddington Earle of BURFORD And of ye. Rt. honble IAMES Ld. BEAUCLAIRE Brother and heir to ye. Right honble Charles Earle of Burford The Rt. honble Aubrey Vere Earle of Oxfordâ— Baron Bulbeck Sandford Badlefinere Kt. of the Garter L Leiutenant wth his grace the Duke of â—â—â—â—marle of Essex one of his Maâ—ysâ— most Hon. privy Councell c a. The Right Honourable Charles Talbot Earle of Shrewsbury Baron Talbot Strange of Blackmere Gifford of Brimshelâ— Purnivullâ— Verdon Lovetoâ— The Right Honourable Anthony Grey Earle of Kent Baron Grey of Ruthin Hasting and Valance 〈◊〉 Right honble William Stanley Earleâ— of Derâ—â— Lord Stanley c Strange of Knocking Viscount Kintâ—â— Baron of Weâ—â—on L â— Mobâ—n Burnet Basset Lacy. L â— Leivtâ—nant of Lancâ—shire â— Cheshire and Admirall of the Seas theirâ— belonging Câ—amberlaine of Châ—ster â— L â— of Man as of the Isles c a. The Right honble Iohn Mannors Earle of Rutland Baron Ross of Hamlack Trushut and Belvior and Lord Leivetenant of Leicestershire The Right honble Theophilus Earle of Huntington L d Hastings of Hastings Hungerford Homet Botreaux Moules Moulins Peâ—erell
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
Honourable and Peers of the Realm as they are Barons without any other distinction The Etymology of the Name of Baron MAny Writers have laboured to place the Etymology and signification of this word wherein following too much their own Fantasies they have bred much variation of Opinion As for Etymology of words I agree with him that saith it is Levis fallax Effigies Illustrissimi DniÌ„ Caecilij Calvert Baronis BALTEMORE de Baltemore in Regno Hibernice Absoluti DniÌ„ et Proprietarij Provinciarum Terrae-Mariae et Avaloniae in America etc a. Abra Blotling sculp The Right Honourable George Lord Nevill Baron of Abergâ—venny in Monmouthshire â—â— The Right Honourable Iames Lord Touâ—hett Baron Audley of Hâ—leigh in England and Earle of Castle haâ—en in Ireland c a. The Right Honourable Charles Lord Weâ—â— Baron De la Ware in Hantshire The Right Honourable George Lord Berkley of Berkley c a. descended from Harding a yonger sone of one of the Danish Kings Who came in with William ye. Conquerour c a The Right Honourable Thomas Lord Parker Baron Morley and Monteaglâ— in Lancashire The Right honourable Conyers Lord D'Arcy Baron D'Arcy and Menil in Yorkshire The Right Honourable Benjamin Lord Mildmay Baron Fitzwater The Right Honourable William Lord Sturton Baron Sturton of Sturton in Wiltshire The Right Honourable Henry Lord Sandis Baron Sandis of the Vine in Hantshire The Right Honourable Thomasâ— Lord Windsor Lord Leivetenant of Worcestersh and one of the Lords of his Ma â—â—s most honble Privy Councel for the Kingdome of Ireland The Right Honourable Thomas Lord Cromwell Baron of Oakham in Rutlandsh and Earle of Arglast Viscount Lecaile in the Kingdome of Ireland The Right honble Ralph Lord Eure Baron of Wilton in the County of Northumberland ct The Right Honourable Phillip Lâ—â—â— Wharton Baron of Wharton in The County of Westmoreland The Right Honourable Iohn Lord 〈◊〉 Baron Willoughby of Parhâ—m in Lincolnshire The Right Honourable William Lorâ— Pagâ—â—◠〈◊〉 of Beaudefert in the County of Stafford The Right Honourable Charles Loâ—◠〈◊〉 of Cartlidge in ye. County of Canâ—â—râ—â—â— and Baron Grey of Roleston The Right Honourable William Lord Bruges Baron Chandois of Sudley Castle in Glocester shire The Right Honourable Iames Lord Bertue Baron Norris of Rycott in Oxford shire brother to the Right Honourable Robert Earle of Lindsey ct The Right Honourable William Petre Baron of Writtle in Essex The Right Honourable Digby Gerard Baron of Gerardsâ— Bromley in Staffordshire The Right honble Charles Lord Stanhope Baron of Harrington in the County of Northampton c a. The Right honble Henry Lord Arundell Baron of Wardure in Wiltshire and Count of the Empire The Right Honourable Christopher Lord Roper Baron Tenham of Tenham in Kent The Right Honourable Robert Grevill Baron Brook of Beauchamps Court in Warwickshire Ld. Leivtenant of Staffordshire The Right Honourable Edward Lord Montague of Boughton decended from Simon Montague of Houghton who was brother to Iohn Earle of Salisbury The Rt. honble Ralph Lord Grey Baron of Warke c â— of whose family was Sr. Iohn Grey who for his good service in France was by King Henry the 5th created Earle of Tangverville in the said Kingdome The Right Honourable Iohn Lord Roberts Baron of Truro in Cornwall and one of the Lords of his maties most Honourable Privy Councell c a. The Right Honourable Iohn Lovelace Baron of Hurley in Barkshire The Right Honourable Iohn Lord Poulet Baron of Hinton St. George in Somerset shire The Right Honourable William Maynard Baron of Estaines in Essex and Baron Maynard of Wicklow in Ireland Comptroler of his Mtys household and one of the Lords of his most Honourable privy Councell The Right Honourable George Coventry Baron of Alesborough in Worcestershire The Right Honourable Thomas Howard Baron of Escricke in Yorkshire The Right honble Charles Lord Mohun Baron Mohun of Okehampton in Devonshire the Right honble Edward Lord Herbert Baron of Cherbury in Montgomeryshire and of Castle Island in Ireland and one of the Lords of his matyâ— most honble privy Councell for the Kingdom of Irelandâ— The Right honble Thomas Lord Leigh Baron Leigh of Stoneley in Warwick-shire The Right honble Richard Lord Biron Baron of Rachdale in Lancashire The Right honble Christopher Lord Hatton Baron of Kirby in Northamptonsh Governor of the Isle of Gemsey ct The Right honble Richard Lord Vaughan Baron of Emlyn in England and Earle oâ— Carbery in Ireland and one of the Lds of his Majestys most honble Privy Councell The Right honble Francis Lord Carrington Baron of Wotton in Warwicksh Viscount Bâ—rreford in the Kingdome of Ireland The Right honble William Lord Widdrington of Widdrington Castle in Northumberland and Baron of Blackney in ye. County of Lincolne The Right Honourable Edward Lord Ward Baron of Bermingham in the County of Warwick The Right honble Thomas Lord Culpeper Baron of Thornsway in Kent The Right honble Iacob Lord Astley Baron of Reding in Berkshire The Right Honourable Charles Lord Lucas Baron of Shenfeild in the County of Essex the Right honble John Lord Belasis Baron of Worlabye in Lincolnshire the Right honble Edward Watson Baron Rockingham of Rockingham in Northamtonshire son of Lewis Lord Rockingham by the Lady Elianor sister to Iohn Earle of Rutland now living An. 1625 The Right Honourable Charles Lord Gerard Baron of Brandon in Suffolk Gentleman of his matys Bedchamber The Right honble Robert Sutton Baron Lexington of Axam in Nottingham shire The Right Honourable Charles Henry Lord Kirkhoven Baron Wotton of Wotton in Kent The Right Honourable Marmaduke Lord Langdale Baron of Holme Langdale in Westmorland The Right honble William Lord Crofts Baron of Saxham in Suffolk Oâ—e of the Gentlemen of his matys Bedchamber The Right honble Iohnâ— Lord Berhley Baron of Stratton in Somersetshire One oâ— the Lords of his Majestys most honble Privy Councell The Right honble Denzell Lord Holles Baron of Ifield in Sussex Lord high Steward of the Honors Manor s and Revenews of the Queens Custos Rotolorum of Dorset shire The Right Honourable Charles Lord Cornwallis Baron of Eye in Suffolke c a. The Rt. honble George Lord Booth Baron De la Mer of Dunham Massey in Cheshire c a. The Right Honourable Horatio Lord Townesend Baron of Linn Regis in the County of Norfolke Lord Leivetenant of the said County c a. The Right Honourable Iohn Lord Crew Baron of Stean in Northampton shire The Right Honourable Iohn Lord Frescheville Baron of Staveley in Derby shire The Right Honourable Richard Lord Arundell Baron of Trerife in Cornwall The Right honble Thomas Butler Earle of Ossâ—ry in Ireland Baron Butler of More Park in Hereford shire Eldest Son to his Grace Iames Duke of Ormond Kt of the Garter one of the Gentlemen of his matys Bedchamber and Lords of his most Honourable privy Councell c a. The Right Honorbl Hugh Lord Clifford Baron of Chudleigh
in Devon shire The Right Honourable Richard Butler Second son to his Grace Iames Duke of Ormond Earle of Arran Viscount Tulough 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
Parliament by Writ as Baron such Heir Male omitting the Husband of the Issue of such Heir Female And this also appeareth by a notable Controversie in the time of Henry the Seventh between Sir Robert Willoughby Lord Brook and Richard Lord Lattimer for the Barony of Lattimer which in effect was The said Lord Brook did challenge the Barony of Lattimer as Coâ—in and Heir of Elizabeth his Great-grandmother who was Sister and Heir of Iohn Nevill Lord Lattimer who died without Issue And hereupon exhibited a Petition to Henry the Seventh in Parliament whereunto Richard Lord Lattimer was called to answer because he then enjoyed the said Title and Dignity The said Richard Lord Lattimer did by his Answer shew That after the death of the said Iohn Nevill Lord Lattimer without Issue the said Elizabeth was his Sister and next Heir and married unto Thomas Willoughby Knight second Son of the Lord Willoughby But Henry the Sixth for that the said Iohn Nevill Lord Lattimer was dead without Issue and that the next Heir was Female did therefore call to the Parliament George Nevill Knight second Son of Henry Earl of Westmoreland to be Lord Lattimer as Cosin and next Heir Male of the said Iohn Nevill Lord Lattimer which George was Grandfather of the said Richard Lord Lattimer Father of the said Richard In debate of which cause the Question now in hand namely Whether a Barony by Writ may descend to the Heirs Female was advisedly considered of by the King and his Nobility in Parliament and in the end adjudged with the said Richard Lord Lattimer which President doth afford us two Judgments in this point And in the time of Henry the Sixth when the Writ was directed to the said Sir George Nevill Knight whereby he was summoned as Lord Lattimer to the Parliament and as Heir Male and not the said Thomas Willoughby Knight husband of the said Elizabeth Heir Female And the second Judgment was given in the time of Henry the Seventh whereby the said Barony was adjudged to the said Richard Lord Lattimer coming out of the special Heir Male against the Lord Brook descended of the general Heir Male. But here in this President before remembred of the Barony of Dacres may be objected to encounter this Conclusion for there was an Heir Female married unto Sir Richard Fines who by the Declaration of King Henry the Sixth was Baron of Dacres in right of his wife And there was also Ralph and Humphrey the Heirs Males before whom the Heir Female was preferred by the censure of Henry the Sixth and Edward the Fourth This Objection is easily answered for although Henry the Sixth through the Princely favour which he bore unto Sir Richard Fines had declared him to be Lord Dacres in right of his wife yet notwithstanding did Ralph Dacres being Heir Male then unto the Lord Dacres and by that name was attainted in Parliament Anno primo Hen. 4. Wherefore the reason why the Heir Male could not be regarded was the said Attainder of the said Raâ—ph and Humphrey his brother and therefore when Humphrey in the 12 th of Edward the Fourth laboured to have the said Attainder Reversed he submitted himself to the Arbitrement of the King who to satisfie both Competitors both having deserved of him after he had admitted them to his favour he allowed one to be Lord Dacres and the other to be the Lord Dacres of Gillesland And thus much concerning the second Point Whether a Barony by Writ may descend unto the Heir Female The third Point As concerning the third Point admitting such Descent to be to the Heir Female when there is no Heir Male that may claim the same for then doth this Question take place Whether the husband of such an Heir Female shall enjoy the Dignity in right of his wife or no Wherein we are to rest upon a Resolution had and given to this special Question which was in this manner In the time of Henry the Eighth when Mr. Winby took upon him the style of Lord Talbois in right of his wife having no Issue by her The said King assisted both by Civil and Temporal Lawyers gave Sentence That no husband of a Baroness in her right should use that Style and Dignity until he had by her a Child whereby she should become Tenant by Courtesie unto her Inheritance The special Reasons that occasioned this Sentence were two First It should be convenient for her husband this day to be a Baron and a Peer of the Realm and to morrow by the death of his wife to become none and without the default of the party Secondly If he had Issue by wife and were entituled to be Tenant by the Courtesie of England of his wives Lands if he shall not also bear the Style and Dignity of his Wives Barony then should the Son after the death of his mother dying in the life time of his father be a Baron and Lord without Land for so the father should have the Land as Tenant by Courtesie and the Son the Lordship without Land And thus much said concerning the Nature Quality and Estate of a Baron by Writ and for the Resolution of the several points and Articles of the Question proposed may suffice CHAP. XII Barons by Patent which is the third kind of Barons mentioned in the former Division of Barons THere is also a fourth means of Creation viz. by Act of Parliament but the first two mentioned and this other by Patent is most usual for the Honour of the King for thereby the Donation doth proceed from his Majesty only as from the Fountain of Honour But when the Creation is by Parliament the King ever is one and may be said to be Donor A Baron therefore by Creation by reason of Letters Patents is that noble Person whom the King or any of his Progenitors Kings of this Realm have created Baron by such their Letters Patents began in the Reign of King Richard the Second This kind of Dignity of a Baron shall be of such continuance in Descent or otherwise as shall be limited in the Habendum in such Letters Patents contained for it may be but for the life of him to whom it is given or for term vanter vie as some hold Opinion in the 32 of Hen. 6. for cujus est dare est disponere It may be in special in our general Tayl and this kind of Tayl was usual before the Statute made decimo tertio of Edw. 1. by which Estate Tayl of Lands and Tenements was created as appeareth by the Patent whereby Hubert de Burgo was made Earl of Kent in the time of Henry the Third by these words Habendum sibi haeredibus suis de corpore Margaretae uxoris sui sorors Alexandri Regis Scotiae procreatis pro defectu talis exitus remanere in directis haeredibus dicti Huberti And that Estates intayl are at this Day of Titles of Honour by the said Statute of Westminster the second Question If a
priviledge allowed unto him to keep in his Family the number of six born Strangers By the Statute 14 Hen. 8. cap. 13. a priviledge was granted to the Nobility according to their degrees concerning Apparel but because by a Statute made in the first of the King that now is chap. 15. all Laws and Statutes concerning Apparel are taken away Whereas by the Statute 2 Hen. 5. Parl. 2. cap. 1. it is ordained That the Justices of the Peace in every County named of the Quorum shall be resident in the Shires wherein they are Justices there is a Proviso whereby the Lords and Peers of the Realm named in such Commissions are excepted By the Statute 1 Edw. 6. cap. 12. amongst other things it is enacted That in all and every Case and Cases where any of the King's Subjects shall and may upon his prayer have the priviledge of the Clergy as a Clark Convict that may make purgation in all the Cases and every of them and also in all and every Cases of Felony wherein the priviledge or benefit of Clergy is taken away by this Statute wilful Murther and poysoning only excepted the Lords and Peers of the Realm having place and voice in Parliament shall by vertue of this Act of Common Grace upon his or their requests and prayer alledging that he is a Lord or Peer of this Realm claiming the benefit of this Act though he cannot read without burning in the Hand loss of Inheritance or corruption of Blood be adjudged taken and used for the first time only to all constructions intents and purposes as a Clark Convict which may make purgations without any other benefit of Clergy to any such Lord or Peer from thenceforth at any time after for any cause to be allowed adjudged or admitted any Law Custome Statute or other thing to the contrary notwithstanding By this Statute a Lord of the Parliament shall have the benefit of his Clergy where a common person shall not viz. for breaking open an House by day or night or for robbing any on the High-way and in all other Cases excepted saving in wilful Murther and Poysoning but in all other Cases wherein Clergy is taken away by any Statute made since the said Statute of 1 Edw. 6. he is in the same degree that a common and inferiour person but the Court will not give him the benefit of this Statute if he doth not require it If a Lord of the Parliament do confess his Offence upon his Arraignment or doth abjure or is Outlawed for Felony it seemeth that in these Cases he may have the benefit of this Statute viz. his Clergy for that by the Statute 18 Eliz. cap. 18. he nor any other need to make his purgation but shall be forthwith delivered out of Prison by the Justices By the Imperial Constitutions Nobiles non torquentur Nobiles non suspendentur sed decapitantur and so it is almost grown into a Custome of England by the favour of the Prince for it is rare to have a Nobleman executed in other form Yet Thomas Fines Lord Dacres of the South in the 23 th of Henry the Sixth and the Lord Sturton in the fourth of Queen Mary were hanged At the Common Law it was lawful for any man Noble or Ignoble to retain as many Chaplains as they pleased for their instruction in Religion But by a Statute made 21 Hen. 8. cap. 13. a restraint was made and a certain number only allowed the Nobility And such Chaplains for their attendance have Immunities as by the Statute at large may appear viz. every Archbishop and Duke may have six Chaplains whereof every one may have and purchase Licence of Dispensation and take receive and keep two Parsonages or Benefices with Cure of Souls and that every Marquiss and Earl may have five Chaplains every Viscount or other Bishop four Chaplains and every Baron and Knight of the Garter may have three Chaplains whereof every one of them may purchase License of Dispensation and take receive and keep two Benefices with Cure of Souls And forasmuch as the retaining of Chaplains by Lords and Peers of the Realm is ordinary and nevertheless some questions have been concerning the true understanding of the said Statute Law I think it not unnecessary to set down some subsequent Resolutions of the Judges touching some matters If a Bishop be translated to an Archbishoprick or a Baron be created an Earl yet in this case they can have but only so many Chaplains as an Archbishop or an Earl might have for although he hath divers Dignities yet he is still but one person to whom the attendance and service should be done So if a Baron be made a Knight of the Garter or Lord Warden of the Cinque Ports he shall have in all but three Chaplains sic de similibus And if such an Officer allowed by the Statute to have one two or more Chaplains do retain accordingly and after he is removed from his Office in this case he cannot be now Nonresident nor accept a second Benefice of his Complement which was not full before his removing and in that case it behoveth the Chaplain to procure a Non obstante otherwise he may be punished for his Nonresidence So if any Earl or Baron do retain a Chaplain and before his advancement his Lord is Attainted of Treason as it was in the Case of the Earl of Westmoreland after the said Attainder such a Chaplain cannot except a second Benefice for though his Lord be still living according to Nature yet after the Attainder he is a dead person by the Law and therefore out of the case to have priviledge for himself or for his Chaplains If a Baron have three Chaplains and every of them have two Benefices and after the Baron dieth they shall enjoy those Benefices with Cure which were lawfully settled in them before But in this case although the said Chaplains be resident upon one of his Benefices yet now he is become punishable for being resident upon the other for Cessante causa cessat effectus The same Law is if the Baron be attainted of Treason or Felony or if any Officer be removed from his Office sic de similibus So if a Lord do one time retain more Chaplains than are allowed by the Law the lawful number only shall have priviledge and in this case which of them be first promoted shall have priviledge and the rest are excluded for aequali jure melior est conditio possidentis If a Nobleman doth retain Chaplains above his number at several times if any of his Chaplains die the next that was retained shall not succeed for his first retainer was void and therefore in this case it behoveth him to have a new retaining after the death of the predecessor and before his advancement for quod ab initio non valet in tractu temporis non convalescit If a Noble person retain such a number of Chaplains as is by the law allowed him
Honour deported themselves after the manner of Military Knights of those days To look further back ancient Histories do take notice of the Amazons of old whose Fame in Arms is sufficiently known Although Noble women may not sit in Parliament in respect of their Sex yet they are in Law Peers of the Realm and all or most of the prerogatives before mentioned which to the Noblemen are belonging do appertain unto them But the Opinion of some men have been That a Countess Baronness and other women of great Estate cannot maintain an Action upon the Statute de Scandalis magnatum because the Statute 2 Rich. 2. speaketh but of Prelates Dukes Earls Barons and of the Chancellor Treasurer Privy Seal Steward of the King's Houshold and other Nobles great Officers of the Realm by which words they conceive that the meanings of the Makers of that Statute was only to provide in that case for Noblemen and not for Noble women Also if any of the King's Servants within the Check-Roll do conspire the death of any Noble woman it is not Felony within the compass of the Statute 3 Hen. 7. 18. Honourable women as before noted are of three sorts by Creation by Descent and by Marriage And the King may create any woman into any Title of Honour at his pleasure and the King by his Letters Patents openly read in Parliament without any other Investure did create Mary Fane Widow the sole Daughter of Baron of Aburgaveny Baronness de le Spencer Noble women by Descent are either those to whom the Lands holden by such Dignity do descend as Heir and they are said to be Honourable by Tenure or by whose worthy Ancestors to whom they were Heirs was seized of an Estate descendable to them in their Titles of Dukedoms Earldoms or Baronies or those whose Ancestors were summoned to Parliament for hereby also Inheritance doth accrew to their Posterities Noble women are also those who do take to their Husbands any Lord or Peer of the Realm although they themselves were not of any degree of Nobility Question and doubt hath been made Whether if a man be summoned to Parliament and afterwards die without Issue Male the Dignity and Title of Honour may descend to the Heir Female And many Arguments have been pro contra in that case which at this time I purposely omit because I have before discoursed thereof in the Chapter of Barons Concerning the Title of Honour descendable to the Heir Female by reason of a Tenure of her Ancestors there needs no more doubt to be made than of Offices of Honour the which do much support the publick wealth and being of Estate of Inheritance do descend to the Heir Female if there be no nearer Heir Male As the Office of High Constableship of England challenged in the time of Henry the Eighth by the Duke of Buckingham and adjudged by the Advise and Resolution of the Judges as by a note of that Case extant whereof Dyer in his Reports hath a memorial 205. b. Kelway the Sixth of Henry the Eighth 170. b. which descended to the Daughter of Humphrey de Bohune Earl of Hereford and Essex as before is declared The Office of the Lord Steward descended to Blaunch Daughter of Henry Earl of Lancaster in whose right Iohn of Gaunt her Husband enjoyed the same The like may be said of the Office of Earl-Marshal which descended by an Heir Female unto the House of Norfolk All which Offices are as unfit to be exercised by a Woman as for a Woman of Honour to be summoned to the Parliament And when a Title of Honour doth descend to a Woman if question in Law do arise between the said Noble woman and any other person whether she be of that Degree of Nobleness or no the Issue shall be tried by the Record thereof and by the King 's Writ it shall be certified and not by a Jury of twelve Men even as it should have been in case her Ancestor had been party Although the Laws of the Realm regularly do make all the Daughters where there are no Sons equally to inherit Lands and Tenements and to be but one Heir to their Ancestor yet it is not so in the descent of Dignity and Titles of Honour for Inheritances concerning matter of Honour being things in their nature participating of Superiority and Eminency are not partable amongst many and therefore must of necessity descend unto one and that is to the eldest Daughter Sister Aunt or Cosin Female and inheritable where there is no Heirs Males that may lawfully challenge the same And so in this point is the Civil Law Nevertheless there was a Judgment in the time of Henry the Third touching the descent of the Earldom of Chester after the death of the Earl who died without Issue his Sisters being his Heirs which Judgment was That the said Earldom should be divided amongst the said Copartners as the other Lands and that the eldest should not have it alone But this Judgment was holden Erroneous even in those times wherein it was given For Bracton a Learned Judge who lived in that Age writeth thereof treating of partition between Copartners lib. 2. Case 24. by which it is evident That Baronies and Dignities of Honour do by the Laws of this Realm descend unto the eldest Copartner and the Judgment given once to the contrary thereof Bracton doth rightly account to be unjust His Reason is notable Forasmuch as the Honour of the Chivalry of this Realm doth chiefly consist in the Nobility Reason would not that such Dignity should be divided amongst Copartners whereby through multitude of partitions the reputation of Honour in such Succession and so divided might be impaired or the strenght of the Realm being drawn into many hands with decrease of livelyhood by such partition should be infeebled In which Resolution Britton the Learned Bishop of Hereford who compiled his Book of the Laws of this Realm by the Commandment and in the Name of Edward the First accordeth Britton 187. And therefore howsoever the Judgment was given or whensoever it is nevertheless very evident that it was soon redressed For if it were given upon the death of Ralph the last of that Name Earl of Chester who died about the Seventh of Henry the Third without Issue the Writers of that time do testifie that the Earldom of Chester came wholly unto Iohn Scott the Son of David Earl of Huntington and Auguish and Maud the eldest Sisters of the said Ralph if it were given upon the death of the said Iohn Scott who died about the Four and twentieth of Henry the Third without Issue yet notwithstanding the said Judgment stood in force for that the said King assumed the Earldom into his own Hands upon other satisfaction made to the said Sisters Copartners of the said Iohn Scottâ— Ne tanta haereditas inter colos deduceretur Matth. Paris Monaster Sancti Allane in Crompton fol. 366. b. Nevertheless you may read in this Treatise of
of Requests to his Majesty 460 April 2. 1652. William Curtius Esq 461 Oct. 19. 1657. Sir Arthur Slingsby of 〈…〉 in Kent 462 〈◊〉 1658. Thomas Orby of 〈…〉 in Lincolnshire Esq 463 Thomas Bond of 〈◊〉 in 〈◊〉 Esq 464 Aug. Arthur Marigny Carpentier Esq 465 1660. Sir Anthony de Merces Extinct 466 May 29. Sir Iohn Evelyn of 〈◊〉 in 〈◊〉 Kt. 467 30. Sir Gualter de Read 468 Feb. 11. Iohn Osborn of Chicksands in Bedfordshire Esq 469 Iune 7. Sir Orlando Bridgman of Great Leaver in Lancashire Kt. late Lord Keeper of the Great Seal of England 470 Sir Ieffrey Palmer of Carleton in Northamptonshire Kt. his Majesties Attorney General 471 Sir Heneage Finch of Raunston in Bucks Kt. now Lord Daventry and Lord Chancellor of the Great Seal of England 472 Sir Iohn Langham of Catsbrook in Northamptonshire Kt. 473 9. Humphrey Winch of Hanmes in Bedfordshire Esq 474 Sir Robert Abdy of Albins in Essex Kt. 475 Thomas Draper of Sunninghill-Park in Berkshire Esq 476 11. Henry Wright of Dagenham in Essex Esq 477 Iune 12. Ionathan Keate of the Hoo in Hartfordshire Esq 478 Sir Hugh Speake of Hasilbury in VViltshire Esq 479 13. Nicholas Gould of the City of London Esq 480 Sir Thomas Adams Kt. Alderman of London 481 Richard Atkins of Clapham in Surrey Esq 482 14. Thomas Allen of the City of London Esq 483 Henry North of Milden-hall in Suffolk Esq 484 15. Sir William Wiseman of Rivenham in Essex Kt. 485 18. Thomas Cullum of Hastede in Suffolk Esq 486 20. Thomas Darcy of St. Cleres-hall in St. Oliths in Essex Esq 487 George Grubham How of Cold-Barwick in Wiltshire Esq 488 21. Iohn Cutts of Childerley in Cambridgshire Esq Extinct 489 Solomon Swale of Swale-hall in Yorkshire Esq 490 VVilliam Humble of the City of London Esq 491 22. Henry Stapleton of Miton in Yorkshire Esq 492 Gervase Elwes of Stoke near Clare in Suffolk Esq 493 Robert Cordell of Melford in Suffolk Esq 494 Sir Iohn Robinson Kt. Lieutenant of the Tower of London 495 Sir Iohn Abdy of Moores in Essex Kt. 496 25. Sir Robert Hilliard of Patrington in Yorkshire Kt. 497 Iacob Astley of Hill-Morton in VVarwickshire Esq 498 Sir VVilliam Bowyer of Denham in Bucks Kt. 499 Thomas Stanley of Alderley in Cheshire Esq 500 26. Iohn Shuckborough of Shuckborough in Warwickshire Esq 501 27. VVilliam Wray of Ashby in Lincolnshire Esq 502 Nicholas Steward of Hartley Manduit in Hantshire Esq 503 Iune 27. 1660. George Warburton of Areley in Cheshire Esq 504 Sir Francis Holles of Winterburne St. Martin in Dorsetshire Kt. Son and Heir to Denzill Lord Holles 505 28. Oliver St. Iohn of Woodford in Northamptonshire Esq 506 29. Ralph De la Vall of Seyton De la Vall in Northumberland Esq 507 30. Andreas Henley of Henley in Somersetshire Esq 508 Thomas Ellis of Wyham in Lincolnshire Esq 509 Iuly 2. Iohn Covert of Slaugham in Sussex Esq 510 Peter Lear of London Gent. 511 Maurice Berkley of Bruton Esq 512 3. Henry Hudson of Melton-Mowbray in Leicestershire Esq 513 Thomas Herbert of Tinterne in Monmouthshire Esq 514 4. Thomas Middleton of Chirk in Denbighshire Esq 515 6. Verney Noell of Kirkby in Leicestershire Esq 516 7. George Buswell of Clipston in Northamptonshire Esq 517 10. Robert Auâ—ten of Bexley in Kent Esq 518 12. Robert Hales of Bekesburne in Kent Esq 519 13. Sir William Boothby of Bradley-Ash in Derbyshire Kt. 520 14. Wolstan Dixey of Market-Bosworth in Leicestershire Esq 521 16. Iohn Bright of Badsworth in Yorkshire Esq 522 Iohn Warner of Parham in Esq 523 17. Sir Iob Harby of Aldenham in Hartfordshire Kt. 524 18. Samuel Morland of Southamstede-Banester in Berkshire Esq 525 19. Sir Thomas Hewit of Pishobury in Hartfordshire Kt. 526 Edward Honywood of Evington in Kent Esq 527 Basil Dixwell of Bromehouse in Kent Esq 528 22. Richard Brown of London Ald. 529 23. Henry Vernon of Hodnet in Shropshire Esq 530 Sir Iohn Awbrey of Llantrilhed in Glamorganshere Kt. 531 William Thomas of Fowington in Essex Esq 532 25. Thomas Scâ—ater of Cambridge in Cambridgshire Esq 533 Henry Conway of Botritham in Flintshire Esq 534 26. Edward Green of Sonpford in Essex Esq 535 28. Iohn Stapeley of Patcham in Sussex Esq 536 30. Metcalf Robinson of Newby in Yorkshire Esq 537 31. Marmaduke Gresham of Limpsfield in Sussex Esq 538 Aug. 1. William Dudley of Clopton in Northamptonshire Esq 539 2. Hugh Smithson of Stanwick in Yorkshire Esq 540 3. Sir Roger Mostin of Mostiâ— in Flintshire Kt. 541 4. William Willoughby of Willoughby in Nottinghamshire Esq 542 6. Anthony Oldfield of Spalding in Lincolnshire Esq 543 10. Peter Leicester of Tabley in Cheshire Esq 544 11. Sir William Wheeler of the City of Westminster Kt. 545 16. Iohn Newton of Barscote in Glocestershire Esq 546 Thomas Lee of Hartwell in Bucks Esq 547 Thomas Smith of Hatherton in Cheshire Esq 548 17. Sir Ralph Ashton of Middleton in Lancashire Esq 549 Iohn Rous of Henham in Suffolk Esq 550 22. Henry Massingbeard of Bratostshall in Lincolnshire Esq 551 28. Iohn Hales of Coventry in Warwickshire Esq 552 30. Ralph Bovey of Hill-fields in Warwickshire Esq 553 Iohn Knightley of Offchurch in Warwickshire Esq 554 31. Sir Iohn Drake of Ash in Devonshire Kt. 555 Sept. 5. Oliver St. George of Carickermrick in the County of Trim in Ireland Esq 556 11. Sir Iohn Bowyer of Knipersley in Staffordshire Kt. 557 13. Sir William Wild Kt. Recorder of the City of London 558 19. Ioseph Ash of Twittenham in Middlesex Esq 559 22. Iohn How of Compton in Glocestershire Esq 560 26. Iohn Swimburne of Chap-Heton in Northumberland Esq 561 Oct. 12. Iohn Trott of Laverstoke in Hantshire Esq 562 13. Humphrey Miller of Oxenheath in Kent Esq 563 15. Sir Iohn Lewes of Ledston in Yorkshire Kt. 564 16. Iohn Beale of Mâ—idston in Kent Esq 565 Sir Richard Franklin of Moore-Park in Hartfordshire Kt. 566 Nov. 8. William Russel of Langhorne in Caermarthenshire Esq 567 9. Thomas Boothby of Friday-hill in the Parish of Chingford in Essex Esq 568 William Backhouse of London Esq Extinct 569 12. Sir Iohn Cutler of London Kt. 570 16. Giles Mottet of Leigh in Esq 571 21. Henry Gifford of Burstall in Leicestershire Esq 572 Sir Thomas Foot of London Kt. and Alderman 573 22. Thomas Manwaring of Overpever in Cheshire Esq 574 Thomas Benet of Baberham in Cambridgshire Esq 575 29. Iohn Wroth of Blenden-hall in Kent Esq 576 Dec. 3. George Wynne of Nostell in Yorkshire Esq 577 4. Heneage Featherstou of Blakesware in Hartfordshire Esq 578 Humphrey Monnox of Wotton in Bedfordshire Esq 579 10. Iohn Peyton of Dodington in the Isle of Ely in Cambridgshire Esq 580 11. Edmond Anderson of Broughton in Lincolnshire Esq 581 Iohn Fagg of Wiston in Sussex Esq 582 18. Matthew Herbert of Bromfield in Shropshire Esq 583 19. Edward Ward of Bexley in Norfolk Esq 584 22. Iohn Keyt of Ebrington in Glocestershire Esq 585 William Killegrew of Arwynick in Cornwal
again into the Hall where he shall sit at Table with the Knights and being risen and retired into his Chamber his Attire is taken off and again clothed with a blew Robe having on his left Shoulder a Lace of white Silk hanging to be worn upon all his Garments from that day forwards till he have gained some Honour and Renown for some Feats of Arms or some Prince or Lady of Quality cut that Lace from his Shoulder After Dinner the Knights must come to the Knight and conduct him into the King's presence to return him thanks for these Honours and so takes his leave of the King and the Governours craving his pardon for any miscarriage and claiming their Fees according to the Custom of the Court also take their leaves of the Knight I shall conclude this Chapter with giving an Account of the Knights made at the Coronation of his Majesty Knights of the Bath made at the Coronation of his Majesty King CHARLES the Second EDward Lord Clinton now Earl of Lincoln Iohn Egerton Viscount Brackley eldest Son to the Earl of Bridgwater Sir Philip Herbert then second Son to the Earl of Pembroke Sir William Egerton second Son to the Earl of Bridgwater Sir Vere Fane second Son to the Earl of Westmoreland Sir Charles Berkley eldest Son to George Lord Berkley Sir Henry Bellasis eldest Son to the Lord Bellasis Sir Henry Hyde now Earl of Clarendon Sir Rowland Bellasis Brother to Viscount Faulconberg Sir Henry Capell Sir Iohn Vaughan now eldest Son to the Earl of Carbery Sir Charles Stanley Grandchild to the late Earl of Derby Sir Francis Fane Sir Henry Fane Grandchildren to the Earl of Westmoreland Sir William Portman Baronet Sir Richard Temple Baronet Sir William Ducy Baronet Sir Thomas Trevor Baronet Sir Iohn Scudamore Baronet Sir William Gardiner Baronet Sir Charles Cornwallis afterwards Lord Cornwallis Sir Iohn Nicholas Sir Iohn Monson Sir Bourcher VVray Sir Iohn Coventry Sir Edward Hungerford Sir Iohn Knevett Sir Philip Boteler Sir Adrian Scroop Sir Richard Knightley Sir Henry Heron. Sir Iohn Lewkenor Sir George Brown Sir William Tyrringhum Sir Francis Godolphin Sir Edward Baynton Sir Greville Verney Sir Edward Harley Sir Edward VValpool Sir Francis Popham Sir Edward VVise. Sir Christopher Calthrop Sir Richard Edgcombe Sir William Bromley Sir Thomas Bridges Sir Thomas Fanshaw Sir Iohn Denham Sir Nicholas Bacon Sir Iames Altham Sir Thomas VVendy Sir Iohn Bramston Sir George Freeman Sir Nicholas Slaning Sir Richard Ingoldsby Sir Iohn Rolle Sir Edward Heath Sir William Morley Sir Iohn Bennet Sir Hugh Smith Sir Simon Leech Sir Henry Chester Sir Robert Atkyns now one of the Justices of the Common Pleas. Sir Robert Gayre Sir Richard Powle Sir Hugh Ducy Sir Stephen Hales Sir Ralph Bash. Sir Thomas VVhitmore OF Knights Batchelors With what is incident to that Degree of KNIGHTHOOD According to the Laws of England CHAP. XXI THE particular kinds of Services by which Lands of Inheritance are distinguished are two viz. Knights of Service and Knights of Soccage And in ancient time Tenure by Knights Service was called Regale servitiâ—m because it was done to and for the King and Realm and forinsecum servitium as appeareth in the 19 Edw. 2. Avowry 224. 26. Ass. p. 66. 7. Hen. 4. 19. Coke's seventh Part 8. a. Calvin's case because they who hold by Escuage ought to do and perform their Services out of the Realm Litt. 35. ideo forinsecum dici potest sit quia capitur foris hujusmodi servitia persolvuntur ratione Tenementorum non Personarum And as Knights-Service-Land requireth the service of the Tenant in Warfare and Battel abroad so Soccage-Tenure commandeth the attendance at the Plough the one by Manhood defending the King or his Lord's life and person the other by industry maintaining with Rents Corn and Victuals his Estate and Family For Kings did thus order their own Lands and Tenements one part they kept and detained in their own hands and in them stately Houses and Castles were erected and made for their habitations and defence of their Persons and of the Realm also Forests and Parks were there made for their Majesties Recreation One other part thereof was given to the Nobles and others of their Chivalry reserving Tenure by Knights Service The third part was bestowed upon men of meaner condition and quality with reservation of Soccage-Tenure And in this manner the Dukes and Nobles amongst their Menials and Followers dissipated a great part of their Lands viz. to their Gentlemen of quality to hold by Knights Service and to other of meaner condition by Soccage-Tenure The Right Honourable S. Ioseph Williams on of Milbeck hall in Cumberland Knight one of his Majestys principall Secretarys of State c a. The Honourable Sr. Robert Atkins of Totteridge in Hertford shire and of Sapperton in Glocester shire Knight of the Bath and one of his matys Iustices of the ComÌ„on pleas c a. Sr. Iohn Bennet of Dawly in Midd sx Kt. of the honble order of the Bath Leivtenant to his maties Band of Gentlemen Pentioners and eldest brother to the Rt. honble Henry Earle of Arlington who was first maried to Elizabeth Countess of Mulgrave daughter to the Earle of Midd sx and now to Bridget Howe of the Family of Sr. Grubham Howe Sr. Robert Southwell Knight one of the Clerkes attending his Majesty King Charles the Second in his most Honourable privy Councell câ—t Sr. Hugh Wyndham of Silton in Dorsetshire Kt. one of the Iustices of his matys Court of Comon pleas at Westminster eighth sonn of S. Iohn Wyndham of Orchard-Wyndham in Somersetshire Kt who was lineally descended from the antient Family of the Wyndhams of Felbrigg in Norfolk â—ownâ—r therâ—of Sr. Thomas Daniell of Beswick in the East Rideing of Yorkshire Kt. Major to his matys Regiment of Foot Guards and Captaine of his matys Archchiffe Fort in Dover Sr. Thomas Mompessonâ— antiently Montpintsonâ— of Bathampton in Wiltshire Knight a person of eminent Loyalty and suffering in the late trouble whose Family have been of greate antiquity in the said County Sr. Thomas Lynch of Great Sonkey in Lancashire Kt. one of the Gentlemen of his matyâ— privy Chamber in ordinary and late Governour of his Ma â—â—â— Island of Jamaica decended of the Lincâ—â—s of Groves in Kent and is now maried to Vere Herbert 2â— daughter of Sr. Edw Herbert sometyme Lord Keeper of the groâ—t seaâ—e Sr. William Pelham of Brocklesby in Lincolnshire Kt. whose Grandfatâ—er Sr. William Pelham of the said place Kt. who was descended of the antient family of the Pelhams of Langhtoniâ—â— sussex was employed under Queen Eliz in the offices of L d cheife Justice of Ireland Marshall of the English forces sentinto the Low Countrys Mastâ—â— of her ordnanceâ— and one of her privy Councell Sr Thomas Daviâ—s of the Citty of London Knight Ld. Maior thereof Anno 1677. Sr. William Prichard of the Citty of London Kt. and Alderman now maried to Sarah daughter of Francis
Cooke of Kingsthorp in Northampton shire Gent â— Sr. Thomas Player of Hackney in Middlesex Knight Chamberlaine of the Citty of London Sr. Iohn Berkenhead Knight Master of Requests to his Majesty and Master of the Faculties and one of the members of the Honourable house of Comons Sr William Drake of Amersham in the County of Bucks Knight now maried to Elizabeth daughter of the honble â— â— Mountâ—gu Lord cheife Baron of his matys Court of Exchequer Sr William Pargiter of Greetworth in Northampton shire Knight a samily of good Antiquity whose Ancestors have been their Seated for many Generations Sr. William Waller of Winchester in Hantshire K descended from Richard Waller of Groombridg in Kent Esqr. who at the battle of Agencourt took Ioâ— Duke of Orleanse Prisoner and brought him to Groombridg whâ—re he remained a Prisoner 24 yeares and in memory of the Action it hath bin ever since allowed to the family to beare hanging on their Antient Crest the Armes of the said Duke Sr William Hustler of Acklam in Cleaveland in The County of York Kt Sr. Joseph Sheldon of the Citty oâ— London Kt. Alderman Lord Mâ—j therof Anno 〈◊〉 Sr. Robt. Hanson of the Citty of Londoâ— Knight and Alderman Lord Major thereof Anno 1673 Sr. Iohn Maynard of Gunnersbury in the Parish of Ealing in the County of Midlesex Knight sergeant at Law to his Majesty King Charles the second S â— Iohn Shortâ—r of the Citty of London Kt. and Alderman now maried to Ezabeâ— daughter of Iohn Birkhead of Ristwhait 〈◊〉 yâ— parish of Crostwhait in Cumberland Gen â— Robert Peyton of East Barnet in ye. County of 〈◊〉 Kt. descended of ye. Antient Family of ye. Peytonâ— Cambridgshire noâ— Maried to Iane Daughter and 〈◊〉 heyrs of Lionell Robison of Couton in York shire Esq. Sr. Edward Lowe of new Sarum in Wiltshire Kt. one of the Masters of the High Honourable Court of Chancery Sr. Iohn Iames of Wiâ—â—borow in Kâ—nt Kt. dâ—scended of ye. â—ntiâ—â—â— And Sâ—râ—ading Family of ye. Iamâ—â—is Who Transplâ—nted Themseluâ—s out of Cleâ—â— in Germaâ—y into England About ye◠〈◊〉 of yâ—â—â—igne of K. 〈…〉 Family Sâ—◠〈◊〉 in Tâ—â— Body of yâ— Book Sâ—ction Chap 1 Thâ— Sâ—S Ioâ—n is â—â—w Maried to Mâ—â—y dâ—ughtâ—r of Sr. Robert Kiâ—â—eâ—râ—w of Haâ—worth in Middleâ—â—â— Kt. desâ—â—ed 〈◊〉 Câ—â—mâ—erâ—â—n to yâ— Late Queen Mother 〈◊〉 Hon Sr. Robert Bâ—oth of Salford in Lâ—â—câ—shire K â— â— chife Iustice of 〈◊〉 Matâ—s Court of Comâ—n pleas in Ireland one of his Ma â—â—â— most Hon priâ—â—â—â—â—ncell for yâ— S d Kingdome Grandchild heyre of Humfry â—ooth of Salford 〈◊〉 Gâ—n whose Châ—ritable works 〈…〉 his name of w â— see more in â—â—â—dy of yâ— Bocke sâ—e 3 chapt. 1â— The Sd. Sâ—r. Robert was first maried to mary â—â—â—ghter heyre of Spencer Poâ—ts of Chalgraye in Bedfordshire Esq 〈…〉 to Susanna Daughter of Sr. 〈…〉 of Dean in East Kent Kt. Aâ—â—soâ— Dâ—ceased Sr. Charles Pitfeild of Hâ—xton in the Parish of St. Leonard â—horditch in Middlesex Kt. Descended of the Antient family of the Pitfeilds of â—umâ—nâ—sâ—ry in Dâ—rsâ—tshireâ— is now maried to Winefrid one of the Daughters and coeheyrs of Iohn Adderley of Cotton in Stafordshire Esâ— Sr. Thomas Middleton of Stansted Mount Fichit in ye. County of Essex Kt. now maried to Mary ye. Relict of Thomas Style Esq Eldest Son of Sr. Thomas Style of Waâ—ering bury in yeâ— County of Kent Bar â— and only Daughter of Sr. Stephen Langham of the Citty of London Kt. Sr. Francis Theobald of Barking hall in Suffolk Kt. a great Lover of Lerning fautor of Lerned men in Soemuch that Dr. Castle in his Polygâ—oâ— Lexicon makes This mention of him yt. he is harum Linguarum Callentissimus Sr. Robt. Hardinge late of Kings-Newton in the Parish of Melborne in Darby-shire Nâ—w of Grais Inn in Middle â— Kt. his matys Attorney of all his Forests c. from Trent Northward's a great sufferer for there matys King Charles the first second Hee Maried Anna eldest daughr. of Sr. Richard Sprignell of Hâ—gate in Middlesex Bar â— Deceased Sr. Io. Kirke of East Ham in Esex Kt. one of the Band of Gentleman Pentioners to his matyâ— King Charles the 2d. which sd. Sr. Io. and his family hath been very actiue for the Servi c â— of there King and Country in particular at Canade in America Sr. Thomas Marshe of Darkes in the Parish of South Mimms in Com Middlesex Knight Sr. William Beversham of Holbrookhall in Suffolk Knight one of the Masters oâ— the High and Honourable Court of Chancery And it was anciently ordained That all Knights Fees should come unto the eldest Son by succession of Heritage whereby he succeeding his Ancestor in the whole Inheritance might be the better able to maintain War against the King's Enemies or his Lords and that the Soccage of Freehold be partable between the Male Children to enable them to encrease into many Families for the better encrease of Husbandry But as nothing is more unconstant than the Estates we have in Lands and Livings even so long since these Tenures have been so indifferently mixt and confounded in the hands of each sort that there is not now any note of difference to be gathered by them Lambert Peramb of Kent 10. Et quia tale servitium forinsecum non semper manet sub eadem quantitate sed quandoque praestatur ad plus quandoque ad minus ideo eo quantitate Regalis servitii qualitate fiat mentio in charta ut tenens certum tenere possit quid quantum persolvere teneatur And therefore the certainty of the Law in this case is That he that holdeth by a whole and entire Knight's Fee must serve the King or his other Lord forty days in the Wars well and sufficiently arrayed and furnished at all points and by twenty days if he hold by a moiety of a Knights Fee and so proportionable And in the Seventh of Edw. 3. 246. it was demurred in Judgment Whether Forty days shall be accounted from the first day that the King did first enter into Scotland but it seemeth that the days shall be accompted from the first day that the King doth enter into Scotland because the Service is to be done out of the Realm And they that hold per Regale servitium are not to perform that Service unless the King do also go himself into the Wars in proper Person by the Opinion of Sir VVilliam Earle Chief Justice of the Common Pleas Irium Sept. Edw. 3. 246. but vide 3 Hen. 6. tit Protection 2. in which Case it was observed That seeing the Protector who was Prorex went the same was adjudged a Voyage Royal. Also before the Statute de quia emptores terrarum which was made decimo octavo Edw. 1. the King or other Lord had given Lands to a Knight to hold of him by Service and Chivalry scil to go with the King or with his Lord when the King doth make a Voyage Royal to subdue
Domini sui ei conferet maritagium suum c. which words cannot be understood when he is out of Ward and Custody no more than when he is married after the Age of One and twenty years Note hereby that the King may prevent his Grantee or other Lords of the double value by Knighthood Yet in such case presently after the Heir is made a Knight after the death of his Ancestor the Lord may have a Writ de valore maritagii for the single Also by the ancient Common Law of this Realm if a Villain be made a Knight he is immediately infranchised And if a Ribald or a man of base birth and condition had struck a Knight by the ancient Law he should have lost his hand wherewith he offended But in France it was anciently adjudged that when the Lord of a Villain had Knighted his Villain being a Gentleman he became free and had his Honour lawâ—ully but if another Lord had Knighted him nothing had been wrought by it for none could manumit him but his Lord and till Manumission or Knighthood he had civil freedom for his ground but was not capable of it except by the King only It was enacted by Parliament in the sixth year of the Reign of King Iohn in haec verba Rex Vicecom c. Sciatis quod consensum est cum assensu Archiepiscoporum Comitum Baronum omnium fidelium nostrorum Angliae quod novem Milites per totam Angliam invenient decuriam Militum bene paratorum aequis armis ad defensionem Regni nostri There hath ever been and still is great use of the Services of Knights even in Civil Affairs and concerning matters of Justice as in a Writ of Right which is the highest Writ in Law for trial of Titles touching the Inheritance of Lands the Tenant is at his Election to have his Trial by great Assize or else by Battel if by the great Assize the Writ De magna Assiza eligenda shall be thus viz. Rex Vicecomiti salutem c. Summone as per bonos summonitores quatuor legales Milites de Comitatu tuo quod sint coram Iusticiariis nostris ad primam Assizam cum in partes illas venerint ad eligendum super sacramentum suum 12 de militibus de visum de N. qui melius sciant velint dicere veritatem adfaciendam recognitionem magnae assurae inter A. petent B. tenent de uno messuagio cum pertinentiis in N. unde idem B. qui tenens est posuit secum magnam Ass. nostram petit recognitionem fieri utrum eorum habent jus in messuagium praed B. qui tunc sit ibi auditurus illam electionem habeas ibi nomina praed milit ad hoc breve c. And upon the Return of this Writ those four Knights must appear gladiis cuncti Dier 79. fol. 103. If the Tenant make his Election by Battel each parties are to choose their Champions and the Court shall award the Battel and the Champions shall be at Mainprize and sworn to perform the Battel at a certain day in the Term and idem dies shall be given to the parties at which day and place a List shall be made in an even and plain Ground there quadrant that is to say every way sixty foot square and the Place or Court for the Justices of the Common Pleas without and upon the Lists furnished with the same Clothes which belong to their Court at Westminster and a Barr shall be there made for the Serjeants at Law and the Robes of the Justices and Serjeants shall be of Scarlet with their Coifs on as it was the Thirteenth of Eliz. and then was made Proclamation with three O Yes And the Demandant first was solemnly demanded and did not appear whereupon the Manuperors of the Champion were demanded to bring forth the Champion of the Demandant who came into the place apparelled with red Sandals upon his black Armour bare legged from the Knee downwards and bare headed and bare Arms to the Elbows being brought in by a Knight namely Sir Ierom Bowes who carried a red Battoon of an ell long tipped with horn and a Yeoman carrying the Target made of double Leather and they were brought in at the North side of the Lists and went about the sides of the Lists until they came to the midst of the Lists and then came towards the Barr before the Justices with three solemn Congies and there was he made to stand on the South side of the place being the right side of the Court And after that the other Champion was brought in in like manner at the South side of the Lists with like Congies by the hands of Sir Henry Chequie Kt. c. and was placed on the North side of the Barr and two Serjeants being of the Counsel of each part in the midst between them This done the Demandant was solemnly called again and appeared not but made default Bowham Serjeant for the Tenant prayed the Court to record the Nonsuit quod factum fuit And then Dyer Chief Justice reciting the Writ and Content and Issue joyned upon the Battel and the other of the Champions to perform it and the prefiction of this day and place did give final Judgment against the Demandant and that the Tenant should have the Land to him and to his Heirs for ever and the Demandant and his Pledges de prosequendo in misericordia Reginae And afterwards solemn Proclamation was made that the Champions and all others there present which were by estimation above Four thousand persons might depart every man in the peace of God and the Queen sic fecerunt cum magno clamore vivat Regina Also if false Judgment be given in the Country which is the Sheriffs Court then the Writ shall be thus Henricus c. Vicecomiti Lincoln salutem Si A. fecerit c. tum in pleno Comitatu tuo per breve nostrum de recto inter Iohannem L. petentem Will B. tenentem de uno messuagio centum acris terrae cum pertinentiis in C. unde idem I. L. queritur falsum sibi factum fuisse Iudicium in eodem Record illud habeas coram Iusticiariis Iuris apud Westminsterium tali die sub sigillo tuo per quatuor legales Milites ejusdem comitatus illos qui Recordo illi interfuerunt summoneas per bonos summonitores praedictum B. quod tunc sit ibi auditurus Recordum illud habeas ibi sua nomina quatuor militum hoc breve Fitz. Nat. Brev. itidem E. And those four must be Knights indeed Also the Justices upon consideration of the usual words in every Writ of Venire Facias Coram c. Duodecim tum Milites quam alios liberos legales homines c. say that these words tum Milites were not at the first put into the Writ without effect Plowden 117. b. For it seemeth that in diebus
Bishop of Liege who died in the year of our Lord 727. As to their Habit and Ensign I have met with no account thereof Knights of the Order of St. James in Holland THIS Order received its institution in the Year 1290. from Florentius Earl of Holland and Zealand who in his Palace at the Hague in honour of St. Iames created Twelve of his principal Nobles Knights of this Order whom he invested with Collars of Gold or Military Belts of Silver and Gilt adorned with six Escallops to which hung the figure of St. Iames the Apostle DEGREES OF KNIGHTHOOD IN SWEDEN Knights of the Brician Order THIS Order was erected in the Year of our Lord 1366. by the famous Queen Bridget who for her holy Life was styled and enrolled a Saint and out of her zeal for the honour of Jesus Christ the defence of the Christian Religion the securing the Confines of her Kingdom the succouring Widows and Fatherless and the maintenance of Hospitality endowed this Order with a considerable Revenue This Order was approved of by Pope Vrban the Fifth who gave them the Rule of St. Augustine And their Ensign was a blew Cross of eight points and under it a Tongue of Fire Knights of the Seraphins THIS Order was instituted in Anno 1334. by Magnus the Fourth King of Sweden in memorial of the Siege laid to the chief City of Vpsala The Collar assigned to this Order was composed of Patriarchal Crosses of Gold and of Seraphins of Gold enameled red and at the end thereof hung the figure of our Saviour or of the Virgin Mary Knights of Amaranta THIS Order was instituted about the Year 1645. by Christiana Queen of Sweden in honour of a Lady named Amaranta celebrated for her Charity Modesty Beauty and Courage And by their Oath they were to defend and protect the person of the Queen as also the persons of their Fellow Brothers from harm To his power to advance Piety Virtue and Justice and to discountenance Injury and Vice Their Ensign is a Jewel of Gold composed of two great A A one being reversed enriched on both sides with Diamonds and set within a wreath of Laurel Leaves banded about with white whereon is this Motto Dolce nella memoria And this Badge they wear either hanging at a gold Chain or a crimson or blew Ribon which they please Here is another Order of Knighthood in this Kingdom of Sweden called of the Sword and Military Belt whose Collar consisted of Swords and Belts conjoyned but by whom and when Instituted I am ignorant of KNIGHTS OF THE Order of the Elephant IN DENMARK KING Christian the First of Denmark upon a Religious account travelled to Rome and amongst other Honours Pope Sixtus the Fourth in memory of the Passion of our Saviour invested him with this Order and ordained him and his Successors Kings of Denmark Chief and Supream of the said Order which was conferred on the Danish Princes as a memorial to incite them to defend the Christian Religion against the Moors and Aâ—ricans These Knights were obliged to perform Acts of Piety and Charity with certain Ceremonies to be observed especially upon those days on which they wore the Ensign of their Order which was the figure of an Elephant on whose side within a rundle was represented a Crown of Thorns with three bloody Nails Instead of their golden Collar formerly won by them they now wear about them a blew Ribon to which hangs an Elephant enameled white and beautified with five large Diamonds set in the midst On the day of the Coronation of the King 's of Denmark this Order hath been commonly conferred upon the Nobles and most deserving Senators of his Kingdom DEGREES OF KNIGHTHOOD IN POLAND Knights of Christ or of the Sword-bearers in Livonia THIS Order was instituted by Albert Bishop of Livonia about the Year of our Lord 1200. for the propagation of the Christian Religion in those Parts in imitation of the Knights Teutonicks in Prusia to which Order they were united about the Year 1237. and submitted themselves to their Rule and Habit by whose assistance they subdued the Idolatrous Livonians and brought them to embrace the Christian Faith But in the Year 1561. Gothard de Ketler then Great Master in the Castle of Riga surrendred to the use of Sigismond the Second King of Poland Surnamed Augustus all the Lands belonging to this Order together with the Seal of the Order his Cross the Keys of the City and Castle of Riga the Charters and Grants of the several Popes and Emperors which concerned the same the priviledge of Coynage and all other matters concerning the same upon which the said Great Master received back from the said King's Commissioners the Dukedom of Curland to be enjoyed by him and his Heirs for ever upon which this Order became extinguished Knights of the white Eagle THIS Order was erected by Ladislaus the Fifth King of Poland for the further honouring the Marriage of his Son Casimire the Great with Anne Daughter of Gerdimir Duke of Lithuania in Anno 1325. and for their Ensign had a white Eagle crowned KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY THIS Order was instituted in the Year 1418. by Sigismund the Emperor Surnamed the Glorious for the Defence of the Christian Religion and the suppressing the Schismaticks and Hereticks which he had been victorious over in many Battels Their Ensign which they daily wore was a green Cross flory on Festival days they wore a scarlet Cloak and on their Mantle of green Silk a double gold Chain or a green Ribon to which hung the figure of a Dragon dead with broken Wings and enameled with variety of colours But although this Order was of high esteem for a time yet it almost expired with the death of the Founders Knights of the Order of the Sword in Cyprus GVY of Lusignan soon after his possession as King of the Isle of Cyprus which he had bought of Richard the First King of England for One hundred thousand Crowns of Gold in Anno 1195. erected this Order in Commemoration of so good and fortunate a Plantation for Fifteen thousand Persons which he had brought thither with him The Collar of this Order was composed of round Cordons of white Silk woven in Love-knots and interlaced with the Letters S. and R. To this Collar hung an Oval of Gold wherein was enameled a Sword the Blade Silver and the Hilt Gold and about the Oval was this Motto Securitas Regni This Honour of Knighthood the said King who was Great Master conferred on his Brother Amaury Constable of Ierusalem and Cyprus and on Three hundred Barons which he had created in this his new Kingdom But when the Turks became Masters of the Isle this Order ceased KNIGHTS OF Saint Anthony IN AETHIOPIA ABout the Year of our Lord 370. Iohn Emperor of AEthiopia vulgarly called Prester Iohn erected into a Religious Order of Knighthood certain Monks who lived an austere and solitary Life in
the Desert after the Example of St. Anthony the Hermit and Patron of this Empire and bestowed upon these Knights great Revenues and many Priviledges And thus being instituted they received the Rule of St. Basil submitted to his Constitutions wore a black Garment and for their Ensign a blew Cross in form of the Letter T. Their chief Seat was in the Isle of Meroe where the Abbots both Spiritual and Temporal resided but in many other parts of AEthiopia they have or had great store of Monasteries and Convents with about two Millions of yearly Revenue These Knights vow to defend the Christian Religion to yield Obedience to their Superiors to observe Conjugal Chastity not to Marry or receive any other holy Orders without licence first obtained from the Abbot to guard the Confines of the Empire and to go to War when and where they are commanded Into this Order the eldest Sons of Noblemen or Gentlemen cannot be admitted but the second Sons may And if a man of any degree whatsoever except a Physician have three Sons he is bound to enter one of them into this Order Knights of the Burgundian Cross in Tunis MVlleasses King of Tunis who was driven out of his Kingdom by Barbarossa that noted Pirate was again in Anno 1535. restored thereunto by the assistance of Charles the Fifth Emperor of Germany and King of Spain And being desirous to gain the love of all those that had served in that War did as a reward confer this honour of Knighood upon all those Commanders that valiantly behaved themselves in his Service The Ensign that he assigned them was the Burgundian Cross to which was added a Steel striking Sparks of Fire out of Flint with this Inscription BARBARIA which third Badge hung to a Collar of Gold KNIGHTS OF THE West-Indies PErsons that performed valiant Acts in War were by the Mexicans advanced to Honour and had sundry Priviledges granted them insomuch that their chief Nobility sprang from the Camp And Montezuma was so high a Favourer of Knighthood that he ordained divers Orders which he distinguished by several Ensigns The principal Degree of these Knights were those that had the crown of their Hair tied with a small red Ribon with a rich Plume of Feathers from which hung so many Branches and Rolls of Feathers upon their Shoulders as they had performed worthy Exploits in War And these were termed Eagle Knights of which Order the King was the Supream The Order of the Knights of the Lions and Tigers were the most valiant in War and always bore with them their Badges and Armorial Ensigns and went to the War as did the Eagle Knights armed Cap-a-pe The Order of the Grey Knights had their Hair cut round about their Ears were not so much honoured as the former and when they went to Wars were armed but to the middle All these Degrees of Knights had their Apartments in the King's Palace which were distinguished by their several Ensigns And amongst the honourable Priviledges that they enjoyed they might carry Gold and Silver wear rich Cotton and Shoes after their fashion and use painted and guilt Vessels all which were prohibited the common people The Order of Knighthood of the Blood Royal in Peru were of great esteem for their approved Valour for before they could be admitted into the said Degree their Manhood was sufficiently tried as in managing the Dart Lance and other Military Exercises also in Leaping Wrestling Running Shooting c. in all which if they were not very expert they were thought unworthy to receive so great an Honour But being found worthy to be admitted divers Ceremonies were used at their Creation as putting on them fine Shoes and Breeches boreing of holes in their Ears giving them an Ax and adorning their Heads with Flowers c. all which was forbidden the common people And the Peruvian Lords at their solemn Feasts at Cusco used to dedicate their Children to Honour adorning them with Ensigns making holes in their Ears and anoynting their Faces with Blood in token that they should be true Knights to the Ingua The Knights of Cinaloa which is a Province near New Mexico were created by giving them a Bow and ordering them to encounter a Lion or some other savage Beast which if they slew they were received into favour and Honour The Rt. Honourble Henry Coventry Esq his matys principall Secretary of State c a. son tâ— the Rt. Honourble Thomas Lord Coventry Lord Keeper of ye. Great Seale of England The Honourble Iohn Hervey of Ickworth in Suffolke Esq. â— Treasurer to ye. Queens maty The honble William Ashburnham of Ashburnham in ye. County of Sussex Esq. Cofferer to his maty King Charles the 2d. William Wharton Esq. Fourth son to yâ—e Rt. honble Phillip Lord Wharton of Wharton in Westmoreland by Ann Daughter to 〈◊〉 â—am Carr of Fernihast in Scotland Esq. 〈◊〉 of ye. Groomes of ye. Bedchamber to King Iames. SAMVEL GRANT of Crundall in Hantshire Esq. one of the society of the Inner Temple London Esq. â—ender Molesworth of Spring Garden in the parish of St. Katherines in the Island of Jamaica Esq. one of his matys Councell 〈◊〉 the Sd. Isle second son of Hender Molesworth of Pencarrow in Cornwall Esâ—abque who was lineally descended from Sr. Walter de Molesworth of Northamptonshire who flourished in Marshall proess in the dayes of King Edw. the first went wth him to the holy warrs GEORGE LEGGE Esq. Governor of â—ortsmouth master of the Horse to his Royall Highness Iames Duke of Yorke Leiutenant of his matys Forest of Alce holt Woolmer in Hantshire one of the Deputy Leiutenant of the Sd. County Comander of his matys Shipp yeâ—â—yall Katherine one of the principall Officers of his matys Ordnance THOMAS FEJLD of Stanstead Bury in the County of Hertford Esq now maried to Mary eldest daughter of Sr. Thomas Byde of Ware park in the Said County Kt. Humfrey Wiâ—â—ley of the Jâ—â—ter Tâ—mplâ— Esq one of the Prothonotarâ—â—s of his maties Court of Common â—leaâ— at Westminster fift son of Humfrey Wâ—â—rley Esq of Hâ—msted hall in the County of Stafford by Knightley his Wife â—OGER TWâ—SDEN Esq eldest son of S â— Thomas Twisden of Bradborne in thâ— parish of East Malling in Kent Kt. Baâ—â—â— one of the Justices of his matys Court of Kings Bench EDWARD THVRLAND Esq only son of Sr. Edward Thurland of Râ—ygate in the County of Surrey Kt. one of the Barons of his matys Court of Exchequer EDWARD ROBERTS of the Citty of Dublin in the Kingdome of Ireland Esq now Maried to Alce daughter of Edw Chute of SurrendeÌ„ in the Weld of Kent Esq 〈◊〉 much Honoured Daniel Fleming of 〈…〉 in Cumberland of Rydal hall in 〈…〉 and Esq of which family Surname there 〈…〉 Lords of ye. maner of Bâ—ckermet of 〈…〉 bâ—en Kts all ye. rest that then weddâ—d 〈…〉 ye. Daughters of Baronetsâ— or Knighâ—â—â— â—â—â—â—ill Skelton eldest sonn of Sr. Iohn Skelton 〈◊〉 Leiutenant
Gouernor of Plimouth who wa◠〈◊〉 of Honor to his maty in his exile now 〈◊〉 yeâ—â—oomes of 〈◊〉 Bedchamberâ— Captaine in his Foot Guards 〈◊〉 Mariet of Whitchurch in Warwickshire of 〈◊〉 Prâ—ston in Glocestershire Esq maried one of th◠〈◊〉 and hâ—yrâ—s of Sr. Richard Brawnâ— of 〈◊〉 in the said County of Glocester Knight Walter Chetwynd of Ingestre in ye. County of Stafford Esq Samuel Pepys of Brampton in Huntinâ—â—tonshire Esq Secretary of the Admiralty his maty King Charles the Second Descendeâ— of the antient family of Pepys of Cottenham in Cambridgâ—â— â—â—hn Georges of Bawton in Glocestershire Esq a member of the Honourable house of Comons for this present Parliament 1677 descended the antient and Worthy family of the Georges of Cicester in the said County Iohn Butler D. D. Chaplain in ordinary to his 〈◊〉 King Charles the 2d. and Canon of Windsor marâ—â— Susanna one of the daughters of Sr. Edward Thomas of Lamihangle in Glamorganshire Bart. â—â—ptaine Iohn Loggan of Idbury in Oxfordshirâ— and of Bassetsbury in Comâ— Bucks Maried Mary Sole Daughter and heire of Hugh Dâ—rrell of Millend in the said County of Buckinghaâ— Gent. Henry Pilkington of Stanton in the County of Derby Esqr. George Bowen Esqr. lineally descended from and present heire unto the antient family of the Bowens of Courthouse in the seigniory of Gower in Glomorganshire Henry Gilbert son and heyre of Henry Gilbert of Lockoe in Derbyshire Esqr. by Elizabeth daughter and Coeheyre of Sr. Iohn Barnard of Abington in Northamptonshire Knight Iohn Colwall of the Inner Temple London Esqr. Samuel Sanders son heyre apparent of Thomas Sanders of Ireton in Derbyshire Esqr. which maried Margaret daughter and Coeheyre of Evers Armyne of Osgodby in the County of Lincolne Esqr. Richard Goodlad of the Citty of London Esqr. Lewis Inkledon of Buckland in the Parish of Branton in the County of Devon Esqr. Thomas Rawlins of Langarran in the County of Hereford Esqr. Colonell Titus of Bushy in the County of Herâ—ford one of the Groomes of his matys Bedchamber c. Thoâ— Dereham Esq of the antient family of Dereham at Dereham in Norfolk Servant to his Majesty King Charles the 2d. Eâ—an Seqâ— of Boverton in the County of Glaâ—morgan sergeant at Law of which Coat and family see more in the body of the Booke Section 6. Chapter â— â—ndrew Lant of Thorp vnderwood alias Thorp Billâ—â— in Northamptonshire Esq son of Robert Lant of London Merchant by Elizabeth Daughter heyre of Rich Andrews of Thorp vnderwooâ—â—â—â—resaid Gent. which said Andrew Lant is now maried to Iudith◠〈◊〉 daughter of Will Vannam of London Esq Iohn Darnall of the Middle Temple London Esqr. now maried to Mary daughter of William Bacon of St. Clements Danes in Middlesex Esqr. Gabriel Armiger of North Creakâ— in the County of Norfolk and of the Inner Temple London Esq â— William Dutton Colt Esq r son of George Colt of Colt Hall in Suffolk Esq r by Elizabeth daughter and Coheyre of Iohn Dutton of Sherbourn in Glocestershire Esqr. which said William is now maried to Lucy sole daughter of Thomas Webb of in Kent Esqr. Randolph Egerton of Betley in Staffordshire Esqr. first Leivtenant and Major of his Matâ—s owne Troop of Guards under the comand of his grace Iames Duke of Monmouth first maried to Penelope daughter of the Rt. honble Rob viscount Kilmurrey of the Kingdome of Ireland and now to Eiliz â—aughter and heyre of Henry Murrey Esq r one of the Gent of his Matis Bed-chamber to K. Charles the first by Ann now viscountess Banning Iohn Wildman of Beaucot alias Becket in the County of Berks Esqr. Nathan Knight of Ruscombe in Berkshire Esq r intermariat â—th Margaret Eldest daughter and Coheire of William Stroode of Ruscombe Aforesaid Esqr. William Petyt of the Inner Tâ—mple London Esq r and Silvester Petyt Genâ— Brother to the Sd. Wm. descâ—ndeâ—â— by Gilbert a Younger sonn of Sr. Iohn Petytâ— From â—â— Antient family of that name who were Lords of Ardever in Cornwall tempore H. â— Iohn Lamphigh of Lamplugh in Cumberland Esqr. Collonell of a foot Regiment at Marston Moore in Yorkshire under the Command of his Highâ—ness Prince Rupert of wch Family see more in the body of the Bookeâ— section 2d. Chapt â— Thomas Burton of the City of London Esq Thomas Madden of the Inner Temple London Esâ— desâ—ended of ye. Maddens Formerly of Muddenton in Milâ—shire who are now seated at Rousky Castle in 〈◊〉 County of Fermanaugh in the Kingdome of 〈◊〉 Godwin Swift of Gooderidge in the County of Hereford Esq one of the society of Graâ—s Inn descend of the Family of ye. Swists of York-shire Henry Raâ—â—sford B. D and Rector of Stanmoâ—e Magna in the County of Midd Maried Mary one of ye. Daughters of Iohn Montfort of Jewing in ye. County of Hartford D. D. Residentiary of St Pauls London Nathaniel Stoughton of St. Iohns near Warwick in Warwick shire Esq lineally descended from the antient family of the Stâ—ughtons of Stoughton in Surrey now maried to Ann daughter and heyre of Will Brough late Deane of Glocester deceased of this family see more in the body of the booke Section 6. Chap 1. Capt. Iohn Clifford of Frampton upon Severne in Glocestershire whose family have there continued ever since the Reigne of Will the Conqueror takeing its rise from Puntins a noble man of Normandy who came into England with the said Will whose second sonn Osbert held the said Frampton and from whom for want of issue it descended to Walter de Clifford the predecessor of the said Iohn of wch Coate and family see more in the body of the booke section 5. Chapter 4. Richard Booth of the Citty of London Esqr. descended from the Booth's of Witton in Warwickshire now maried to Elizabeth daughter of Iohn Hopcroft Cittizen of London Thomas Stephens Esq r only son and heyre of S. Tho. Stephens of little Sodbury in Glocestershire Kt now liveing whose Grandfather Tho Stephens was Attourney Generall to Prince Henâ— and after his decease to K. Charles the first when Prince of Wales in wch service he dyed of this family see more in the body of the booke section 3. chap. 20. William Iollife of Carswall Castle in Stafford shire Esqr. who first maried Martha eldest daughter of Thomas Foley of Witley Court in Worcestershire Esq r and now the Lady Mary Hastings daughter of the Rt. honble Ferdinando late Earle of Huntington Henry Arthington of Arthington in the west Rideing of York shire Esq â— Thomas Modyford of Easttuar in the County of Kent Esqrâ— Collonell of a Regiment of Foot at Port Royall in the Island of Iamaica sonn and heyre of Sr. Tho. Modyford Bart. late Governor of the Sd. Island Erasmus Smith alias Herâ—â— of St. Iones in the parish of Clarkenwell in Midd Esqr. sonn of Sr. Roger Smith of Edmonthorp in Leicestershire Kt. decâ—ased descended from the antient family of the Smiths of Withcock in the s â— County â—câ— S
Lord Mayor of this City which is evident by the noble Entertainment given to Strangers and by his great attendance both at home and abroad for besides the abundance of inferiour Officers he hath his Sword-Bearer Common Hunt Common Cryer and four Water Bailiffs which by their places are Esquires then the Coroner three Sergeant-Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeoman of the Water-side the Under-water-Bailiff two Yeoman of the Chamber with divers others The publick Officers belonging to this City are the two Sheriffs the Recorder the Chamberlain the Common Sergeant the Town Clerk and the Remembrancer who by their places are Esquires The Sheriffs who are persons of repute and ability are annually by the Commons that is the Livery-men of each Company in formality chosen on Midsomer-day and the day after Michaelmass the Lord Mayor and Aldermen go with them to the Exchequer-Chamber at Westminster where they are presented and sworn and the two old Sheriffs also sworn to their Accounts On Simon and Iudes day the old Lord Mayor being attended with the Aldermen and Sheriffs in their formalities go to the Hustings Court where the Lord Mayor elect taketh his Oath and receiveth from the Chamberlain the Scepter the Keys of the Common Seal and the Seal of the Majoralty and from the Sword-Bearer the Sword all which according to custom he delivereth to them again On the day following in the morning the old Lord Mayor with the Aldermen and Sheriffs attend the Mayor elect from his House to Guild-hall from whence in their formalities they go to the Vintrey and take Barge to Westminster being attended by the Livery-men of divers of the Companies in their Barges which are bedecked with Banners Pennons and Streamers of their Arms c. which with their Musick makes a pleasing show Being come to Westminster-hall having saluted the Judges they go up to the Exchequer Barr where the Lord Mayor tâ—keth his Oath and after some usual Ceremonies in the Hall and at the Abby in seeing the Tombs they return to their Barges and are rowed back to London being landed go to the Guild-hall in great pomp where a most stately Dinner is prepared as well for the Lord Mayor Aldermen Sheriffs and the several Companies as for the Nobility Judges and Gentry that are invited to the said Feast which oft-times is graced with the Royal Presence of their Majesties the King and Queen and the Duke of York c. The Ceremony of the day being ended the Lord Mayor is attended to his House where he liveth in great grandure during his Majoralty looking after the Affairs of the City to whose fatherly care the Government thereof is committed These with other Ceremonies in the electing and swearing the Lord Mayor and Sheriffs being largely treated of in Stow's Survey and Howel's Londinensis I forbear to speak further of them here but referr the Reader A List of the Names of the Lord Mayor Aldermen and Sheriffs that for this present year 1678 have the government of this Honourable City with the Names of the six and twenty Wards to which the said Aldermen do belong viz. THe Right Honourable Sir Iames Edwards Kt. Lord Mayor and Alderman of Candlewick Ward Sir Richard Chiverton of the Ward of Bridge without Kt. Sir Thomas Allen of Aldgate Ward Knight and Baronet Sir Iohn Frederick of Coleman-street Ward Kt. Sir Iohn Robinson of Tower-street Ward Knight Baronet and Lieutenant of the Tower of London Sir Iohn Laurence of Queen-hith Ward Kt. Sir Thomas Bludworth of Aldersgate-street Ward Kt. Sir William Turner of Castle-Baynards Ward Kt. Sir George Waterman of Brides Ward within Kt. Sir Robert Hanson of Basingshaw Ward Kt. Sir William Hooker of Cornhill Ward Kt. Sir Robert Vyner of Langborn ward Knight and Baronet Sir Ioseph Sheldon of Bishops-gate ward Kt. Sir Thomas Davies of Farendon ward without Kt. Sir Francis Chaplin of the Vintrey ward Kt. Sir Robert Clayton of Cheap ward Kt. Sir Patience Ward of Farendon ward within Kt. Sir Iohn Moore of Walbrook ward Kt. Sir William Prichard of Bread-street ward Kt. Sir Henry Tulse of Bread-street ward Kt. Sir Iames Smith of Portsoken ward Kt. Sir Nathaniel Herne of Billingsgate ward Kt. Sir Robert Ieffreys of Cordwainer ward Kt. Sir Iohn Shorter of Cripple-gate ward Kt. Sir Thomas Gold of Dowgate ward Kt. and Sir William Rawstorne of Limestreet ward Kt. The Sheriffs for this year are Sir Richard How and Sir Iohn Chapman Knights Having thus in brief treated of the Government of the City with their Immunities Priviledges Courts of Judicature c. in general in the next place we will treat of each particular Incorporated Company as Stems thereof And first with the several Companies of Merchants next with the twelve chief Companies out of which the Lord Mayor is to be Annually chosen and so end with the other Companies as Stars of a less magnitude The East-India Company though not the ancientest yet the most honourable and eminent was first Incorporated in the year of the Reign of Queen Elizabeth and since confirmed with divers other Priviledges added to their Charter by succeeding Kings having now power of making Acts and Ordinances so as not repugnant to the Law of the Land or detriment of the King for the good and well government of the said Trade and Company likewise power to hear and decide Causes and to implead fine and punish Offenders as they please to raise and maintain Souldiers in their Factories and to man out Ships of warr for their further security for warr offensive as well as defensive as occasion requireth also the using of a Seal and the bearing of a Coat of Arms as it is depicted in the Escocheon of Arms of the several Companies of Merchants This Company is managed by a joynt stock which makes them potent eminent and rich and is found several ways to be very advantageous to the Kingdom as in their building of Ships in the imploying and maintaining of thousands not only in their Ships but in their Plantations and Factories as at Surat Cambaya Bambay Curwar Baticale Calicut Fort St. George Pentapoli Musulipatan Ougely Gonro Bantam in the Indies Ormus in Persia â— with some other places of less concern And to their Presidents Factors and other Servants they allow good Salaries and are raised to higher preferments with greater Salaries as their merits deserve And the great Trade that they drive to these places exporting such vast quantities of our Manufactures and Commodities and importing so many sundry and rich Commodities cannot but make them to be very beneficial to the Nation This worthy Company for the better negotiation of their Affairs is governed by a Governour Deputy-Governour and Committâ—e consisting of four and twenty who about the midst of April are Annually elected by the Adventurers of the said Company of which there must be eight new ones always chosen and these meet at their House in Leaden-hall-street London called the East-India
House generally twice a week and keep Courts â—or the negotiation of their Affairs The government of this Company for this present year 1678. is committed to the care of Sir Nathaniel Herne Kt. Governour Major Robert Thomson Deputy-Governour and to the Right Honourable George Lord Berkeley Sir Samuel Barnadiston Sir Iohn Banks Baronets Sir William Thomson Sir Stephen White Sir Iames Edwards Sir Iohn Moore Sir Iohn Lethulier Knights Iosia Child Iohn Iolliff Iohn Bathurst Col. Iohn Clarke Iames Houblon Samuel Moyer Charles Thorold Thomas Papillon Esquires Mr. Christopher Boone Mr. Thomas Canham Mr. Ioseph Herne Mr. Nathaniel Letton Mr. Iohn Page Mr. Edward Rudge Mr. Daniel Sheldon and Mr. Ieremy Sambrook Assistants The Levant or Turky Company of Merchants which by their Discovery made the first Trade into the Seigniory of Venice and then into the Dominions of the Grand Seignior and including the Trade of the East-Indies which as then was undiscovered to us by Sea their goods being brought upon Camels and Ass-negroes to Aleppo and other parts of Turky but since the discovery of the Indies by Sea the Trade of this Company is something eclipsed for those Commodities which are now brought us by the East-India Company The benefit that ariseth to this Nation from this Company besides the imploying so many Ships and Seamen is in the Exporting and Importing of so many rich Commodities and in particular Clothes both died and drest at the least thirty thousand pieces yearly Kersies Lead Tinn Iron Steel Wire Pewter Furrs pieces of Eight Sugar Hides Elephants-teeth Brasill red and white Lead Indico Logwood Couchaniel Callicoes Spices and several Indian Commodities And for these they Import raw Silks of Persia Damascus Tripoli c. also Camblets Grograins Grograin-yarn Mohairs of Angor Woolls Cottons Cotton-yarn of Smyrna and Cyprus Galls of Mosolo and Toccat the Coralls and Oyls of Zant Zeffalonia Morea c. the Drugs of Egypt and Arabia also Turky-Carpets Cordovants Box-wood Rhubarb Worm-seed Sena Cummin-seed with several other rich Commodities This worshipful Company of Merchants was first Incorporated in the Reign of Queen Elizabeth and since confirmed by her Successors and have ample Priviledges and Immunities granted unto them as making of Laws and Orders for the well government of the said Fellowship power of deciding Controversies which arise in the said Company as to their Trade giving Oaths imposing Fines or imprisoning of Offenders according to their discretion the using of a Publick Seal and the bearing of a Coat of Arms as is set forth in the Escocheon of Arms aforesaid And for the better management of the Affairs of this Honourable Company they are governed by a Governour Deputy-Governour and Court of Assistants consisting of 18 who in the Month of February are Annually chosen by a general Consent out of the Members of the said Company and these meet and keep Courts monthly weekly or as oft as their occasions require for the management of the concerns of the said Society as binding and making free electing and sending over Consuls Vice-Consuls Factors and Servants to Constantinople Smyrna Aleppo Cyprus and such places where their Factories are kept The management of the Affairs of this Honourable Company for this present year 1678. is committed to the care and prudent government of the Right Honourable George Lord Berkeley of Berkeley whose worthy parts and great love to Traffick makes him every way so fit for it that the Company for these several years past have by an unanimous consent elected his Lordship their Governour Iohn Buckworth Esq Deputy Mr. Iohn Harvey Treasurer Mr. Thomas Vernon Husband Sir Iohn Lethulier Kt. Charles Thorold Esq Iohn Morden Esq Mr. Thomas Pilkington Mr. Richard Poulter Mr. Henry Griffith Mr. Iohn Morice Mr. Richard Onslow Mr. Thomas Hartopp Mr. Walter Conventrey Mr. William Hedges Mr. Iasper Clotterbook Mr. Abraham Wessell Mr. Richard Nicol Mr. Bernard Saltonstall Mr. George Carew The Russia or Moscovy Company of Merchant Adventurers for discovery of new Trades was first Incorporated in the beginning of the Reign of King Philip and Queen Mary upon the Discoveries of Lands Territories Seigniories and Isles by Seas lying Northwards North-eastwards and North-westwards from England and was afterwards confirmed by Act of Parliament in the eighth year of the Reign of Queen Elizabeth so that now they enjoy several Immunities and Priviledges as to raise Arms for the subduing of Countreys in the limits aforesaid and to enter thereon and set up the English Standards to make Acts and Ordinances for the good of the said Society so as they are not repugnant to the Laws of the Kingdom to punish Offenders by Fine or Imprisonment to use a Common Seal to bear a Coat of Arms c. as is here depicted The Commodities that this Company Exporteth are woollen Clothes both died and dressed of all sorts Kersies Bayes Cottons Perpetuances Fustians Norwich Stuffs Lace Thread Lead Tinn Pewter Allom Copper much defective Wines and Fruits not fit to be spent in this Kingdom with most sorts of English Goods And for these and the like they Import Pot-ashes Tarr Cordage Cable-yarn Tallow Wax Isinglass several sorts of Hides in the Hair Goat-skins undrest Cordovants tan'd Hides Hogs-brissles raw Silk Linseed Slod Bever wooll and wombs several sorts of rich Furrs Seal-skins Rhuberb Castorum Agarick Train-oyl Flax Hemp Linen Caviare Salmon Stockfish Codfish c. This worshipful Company of Merchants is governed by a Governour four Consuls and Assistants consisting of four and twenty who on the first of March are Annually chosen out of the Members of the said Society and for this present Year 1677. the management thereof is committed to the care of Iohn Iolliff Esq Governour Sir Benjamin Ayloff Baronet Samuel Moyer Esq Charles Thorold Esq Mr. Charles Carill Consuls to Mr. Edward Bell Treasurer and to Iohn Gould Esq Mr. Daniel Edwards Mr. Benjamin Glanvile Mr. Iames Young Mr. Benjamin Colds Mr. George Grove Mr. Francis Pargiter Mr. George Carew Mr. Heritage Lenten Captain Gervase Lock Mr. Edward Grace Mr. Thomas Thursby Mr. Thomas Hancox Mr. Iohn Ashby Mr. Richard Adams Mr. Edward Davenport Mr. Thomas Hawes â— Mr. George Cooks Mr. Gilbert Ward Mr. Ioseph Wolfe Mr. Iohn Porter Mr. Iohn Osborne and Mr. Iohn Penning Assistants The Eastland Company first Incorporated in the Reign of Queen Elizabeth and confirmed by King Charles the Second and by their Charter have ample Immunities and Priviledges granted to them and as large a scope to traffick in including the Trade of the Kingdoms Dominions Dukedoms Countreys Cities and Towns of Norway Swedeland and Poland with the Territories of the said Kingdoms as also in Lettow Liffland and Pomerland from the River Odera Eastwards and likewise in the Isles of Findland Eoland and Berâ—tholine within the Sound The Commodities by this Company Exported are Woollen Clothes Perpetuances Kersies Serges Norwich Stuffs Cottons Lead Tinn Pewter Stockins Hats Gloves together with several Southern and Eastern Commodities as Sattins Silks Spices
c. and the Commodities by them â—mported are Deals Masts Timber Oars Balks Clapboards Bom-spars Cant-spars Pipe-staves Wainscot and Quarters Flax Hemp Linen-cloth Fustians Cordage Cable-yarn Pitch Tarr Tallow Hides Pot-ashes Wheat Rye Iron Lattin Copper Steel Wire Quicksilver rich Furrs Buck-skins Train-oyl Sturgeon Stock-fish Mather with several other good Commodities For the management of the Affairs of this worshipful Company they are governed by a Governour Deputy-Governour and Court of Assistants consisting of four and twenty who are yearly elected out of the Members of the said Society in the month of October and keep their Courts for the management of the concerns of the said Company as others do having also large Immunities granted unto them The present Governour for this Year 1678. is Sir Richard Chiverton Kt. Governour Francis Asty Esq Deputy-Governour Randolph Knipe Treasurer Sir Benjamin Ayloffe Edward Bilton Senior Esq Iohn Dogget Esq Nathaniel Tench Esq Peter Rich Esq Mr. Thomas Canham Mr. Henry Moody Mr. Edw. Bilton Junior Mr. Samuel Feake Mr. William Rivett Mr. Hugh Vpton Mr. William Nutt Mr. William Cooper Mr. Iohn Mathews Mr. Oliver Westland Mr. Edward Harwell Mr. Abraham Wessel Mr. Ioseph Martin Mr. Thomas Philpe Mr. Thomas Warren Mr. William Taylor and Mr. Iohn Sayer Assistants The Royal Affrican Company of England was by his Majesties great prudence and care for the general good of this Nation and of his Foreign Dominions and Plantations erected into a Company and is likely to prove the most beneficial Trade that belongs to his Crown as well by the Commodities Exported and Imported as by the Negro Trade The Goods of English growth Exported are Sayes Perpetuances Broad-clothes Welsh-plains and other Woollen Manufactures in great abundance besides quantities of other English Goods and Stuffs the large consumption whereof doth not only enable the Tenant the better to pay his Rent and maintain his Family but also sets many thousands of poor people at work in making dying and dressing of these Stuffs and Clothes And together with these Goods of English growth are also sent vast quantities of Foreign Goods chiefly imported by our East-India Company by which his Majesties Customes the wealth of his People and the Navigation of this Kingdom are much encreased The Foreign Commodities Imported are Gold Elephants-teeth Wax Hides and other Commodities almost all as good as gold And as to the benefit of the Negro Trade it is such that by it all the American Plantations are yearly furnished with great quantities of Slaves not elsewhere to be had by whose labour and the Planters industry the King and his People are very much enriched The bounds of this Companies Trade are large viz. from Sally in South-Barbary to Cape Bona Esperanza inclusive The Voyage out and home is short usually within the compass of a year Many ships and seamen are constantly employed in the Companies Service who for the securing their Trade have at a very great expence erected several Forts and Factories all along the Coast of Guiny without which the Trade cannot possibly be preserved to this Nation and for that very reason this Trade cannot be managed but by a Company and a joynt Stock for no private person will undergo the Charge of Forts and Factories abroad besides such as Venture one Voyage and perhaps no more do usually consult the cheapest way in their Exports and will not have that care to send so good and merchantable Commodities as a Company who are constantly to trade thither will who are obliged so to do as well for supporting the credit of their trade as for bringing our English Manufactures into a better reputation than those of our Neighbours which this Company hath really effected in several Commodities formerly bought in Holland as Sayes Muskets Knives c. being now all Exported of our own make And of this difference in and between the Commodities send by the Company and those sent by private Traders the Natives of Guiny who are a sagacious people are very sensible by the ill-dealings they have met with in that kind from some private Traders which hath been a thing very disadvantageous to our English Manufactures and Trade but these miâ—chiefs have been removed ever since his Majesties settling the Trade in a Company with prohibition to all such interloping Traders This Company consisteth of a Governour who is his Royal Highness Iames Duke of York the very life of the said Company under his Sacred Majesty a Sub-Governour Deputy-Governour and a generality mixt of divers Noblemen honourable Persons and eminent Merchants to the number of about two hundred out of which are Annually chosen by Vote at a general Court four and twenty Assistants of whom any six with the Governour Sub-Governour or Deputy-Governour make a Court which by their Charter dated Sept. 27. 1672. is called a Court of Assistants and impowered for the well ordering and governing of the Affairs of the said Company subject nevertheless to a general Court when occasion requireth The management of the Affairs of this Honourable Company for this Year 1678. is committed to the prudent care and government of his Royal Highness Governour Sir Gabriel Roberts Sub-Governour Benjamin Newland Esq Deputy-Governour Twenty four Assistants viz. Sir Iohn Banks Knight and Baronet Sir Thomas Bludworth Knight and Alderman Mr. Benjamin Bathurst William Earl of Craven Sir Peter Colleton Knight and Baronet Mr. Roger Chappel Mr. Samuel Dashwood Thomas Lord Viscount Fauconberg Edward Hopegood Esq Mr. Peter Ioy Sir Andrew King Mr. Iohn Mead Sir Iohn Mathews Mr. Nicholas Mead Mr. Thomas Nichols Lawrence du Puy Esq Mr. Peter Proby William Roberts Esq Mr. Edward Rudge Col. Iohn Searle Mr. Benjamin Skutt Sir William Turner Knight and Alderman Mr. Thomas Vernon Mr. William Warren The Coat of Arms and Motto belonging to this Company is also depicted in the Plate of Arms of the Companies of Merchants This worshipful Company as indeed all others are is governed by a Master Wardens and Court of Assistants Thus having briefly treated of the City of London the Metropolis of the Kingdom with some of the chief Incorporated Companies our next business shall be to treat of the Cities in England with the principal places or Shire-Towns in every County CHAP. II. Treats of the Cities of England with the Shire or chief Town Corporate in each County and first with Berkshire ELY a City of more antiquity than beauty being but meanly built nor well inhabited or frequented and would be farr less were it not the See of a Bishop It is a place that enjoyeth ample Immunities for in the Isle of Ely the Bishop hath all the Rights of a County Palatine and beareth chief sway therein and appointeth his Bailiff and other Officers WELLS another City in Somersetshire of no large extent but well inhabited and of good account being the See of a Bishop under whose Jurisdiction is that of Bath Its buildings are fair and good its Cathedral a stately Pile of building adjoyning to which
and twenty Burgesses for Common-Councel a Recorder c. sâ—nds Burgesses to Parliament The Arms born by this Town is a Castle triple-towred having on the dexter side the Sun in its glory and on the sinister a Crescent on the top of the two fronting Towers stand two Watchmen with this Inscription upon the Ring of the Seal Sigillum Ballivi Burgensium Warwici And notwithstanding this fatal overthrow â—o much of the Town was continued till the Reign of Richard the Second who began in 1377 that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Burgage which amounts to two thousand two hundred Burgages besides other Houses But in 1388. as appears by Records die Martis in festo Sancti Stephani Martyris which was about the eleventh of Richard the Second it was so burn'd down and wasted by the Scots that of that Rent upon several Inquisitions found and returned there remained to the King only two Marks per Annum so that nine parts in ten were utterly destroy'd But notwithstanding this great devastation that was never repaired it doth still retain its ancient Priviledges which are in every respect the same with York as appears from the confirmation of Henry the Third in whose time here was an Exchequer called by the Name of Scaccarium de Appleby and King Iohn â—s Charter which I have seen wherein is expressed and firmly commanded That his Burgers of Appleby shall have and enjoy all the Liberties and free Customes which his Burgers of York have well and peaceably freely and quietly fully wholly and honourably with a Prohibition That none shall attempt to disturb them thereof And also That they shall be free from Toll Stallage Pontage and Lestage all England over praeterquam in Civitate London nisi forte Cives Eobor ' quietantias inde habent libertates suas in Civitate London which exception doth very much confirm and strengthen their Priviledges to them The Corporation consists at present of a Mayor with two Bailiffs a Court of Aldermen twelve in number a Recorder Common-Councel and Serjeants at Mace with their Attendants And if the Town were able to bear it might take the same Priviledges with York in every thing according to their Charter which has been confirmed by all the succeeding Kings of England and if any would know what those Priviledges are more particularly I referr him to York where he may possibly meet with satisfaction In the mean time take these which are now in practice at Appleby viz. They have power to Arrest for any Sum without limitation To elect and send two Burgesses to Parliament To acknowledge Statute-Merchant before the Mayor To take Toll both in Fairs and Markets To seize Felons goods Felones de se Waifes Strayes Forfeitures and Escheats all which do belong to the Mayor for the time being who takes place of the Judges of Assize as the Lord Mayor of York is wont to do Their Aldermen are some of them Gentlemen of the Country for the greater honour and credit of the Town who in time of their Majoralty have their Propraetors or Deputies there The present Mayor and Aldermen for the present year are Iohn Thwaites Esquire Mayor Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return and tore in pieces Oliver's Charter in open Court before he would accept of that Office which he had declined all Oliver's time Richard Brathwate of Warcop Esq and Justice of Peace who contested with the Judges and took place of them Virtute Chartae Robert Hilton of Morton Esquire Justice Jf Peace Edward Musgrave of Askeby Esq oustice of Peace Thomas Warcop of Colby Gentleman Iohn Routlidge of 〈…〉 Gent. Alderman Leonard Smyth Alderman William Smyth Alderman Robert Harrison Alderman Iohn Lawson Alderman Thomas Robinson Alderman Iohn Atkinson which six last are all of Appleby Appleby was very eminent for its Loyalty in the late Civil Warrs and most of the Aldermen except those whom Oliver Cromwell obtruded upon them suffered many imprisonments during his Tyranny and so likewise did most of the Gentry round about for it is the glory of the County of Westmerland that there was not one Person of quality in it who took up Arms against his King and but two or three in Cumberland A TABLE OF THE Contents or Heads Of the several CHAPTERS IN THE TREATISE OF Honour and Nobility FIRST PART HONOVR MILITARY OF Warr and the causes thereof fol. 3 Of Souldiers 4 Of Embassadors or Legats 5 Of Warr and the inclination of the English to it ibid. Of Captains Generals Marshals and other chief Commanders 7 SECOND PART HONOVR CIVIL CHap. I. Of Honour general and particular 11 Of Gentry and bearing of Arms 12 Principles of Honour and Vertue that every Gentleman ought to be endowed with 13 Of precedency ibid. Chap. II. Of the King or Monarch of Great Britain 19 Chap. III. Of the Prince 24 Chap. IV. Of Dukes 32 The form of a Patent of the Duke of York temp Jacobi 33 Ceremonies to be observed in the Creation of a Duke 36 Chap. V. Of Marquisses 37 Chap. VI. Of Earls 39 Chap. VII Of Viscounts 44 Chap. VIII Of Lords Spiritual 45 Chap. IX Of Barons 48 The definition of a Baron ibid. The Etymology of the name of a Baron ibid. The antiquity and dignity of Barons and the sundry uses of the Name 49 The tenor and proper signification of the word Baron ibid. Chap. X. Barons of Tenure 50 Chap. XI Barons by Writ 52 Chap. XII Barons by Patent 56 Chap. XIII Priviledges incident to the Nobility according to the Laws of England 59 Certain Cases wherein a Lord of the Parliament hath no priviledge 65 Chap. XIV Nobility and Lords in reputation only 68 Chap. XV. Of the Queen Consort and of Noble Women 69 70 Ladies in reputation 75 Chap. XVI Of Knighthood in general 77 Chap. XVII Knights of the Garter 79 Chap. XVIII Of Knights Bannerets 84 Chap. XIX Of Baronets 85 The president of the Patent of Creation of Baronets 88 The Catalogue of the Baronets of England according to their Creations 91 Chap. XX. Knights of the Bath 105 A Catalogue of the Knights of the Bath made at the Coronation of King Charles II. 107 Chap. XXI Of Knights Batchelors 108 Observations concerning Knights Batchelors 116 Of degrading of Knights 117 Chap. XXII Knights of the round Table 118 Chap. XXIII Knights of the Thistle or of St. Andrew 120 Chap. XXIV Orders of Knighthood in Palestine and other parts of Asia 121 Knights of the holy Sepulchre in Jerusalem ib. Knights Hospitalers of St. John Baptist in Jerusalem now called Knights of Malta 122 Knights Templars ibid. Knights of St. Lazarus 123 Knights of St. Bass ibid. Knights of St. Katherine at Mount Sinai ibid. Knights of the Martyrs in Palestine ibid. Orders of Knighthood in Spain Knights of the Oak in Navar 124 Knights of the Lily in Navar ibid. Knights of the Band 125 Knights of