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
Adversaries in this manner viz. The Writ of Summons to the Parliament whereby the Baron by Writ hath his Original is to call that Honourable and Worthy Person so summoned to the number of that Right High and Honourable Assembly and to be a Judge to sit hear and determine Life and Member Plea and right of Land if there shall come occasion likewise to give Counsel and Advise in the most mighty Affairs of the Realm But these things are convenient for the quality and condition of men unfitting and altogether unbeseeming the Sex of women Ergo having respect unto the scope and final purpose of such Writs such Inheritances should only descend unto the Heir Female The Second Argument contra Secondly If it shall be answered That although the Heir Female to whom such Inheritance is descended be unfit in her own person for the accomplishing of these things yet she may marry with one sufficiently able for her and in her behalf to execute the same This Answer will neither satisfie nor salve the inconveniences For admit that such an Heir Female were at full Age at the death of her Ancestor unmarried for it doth lye in her own choice then whom shall be her Husband The Third Argument contra Thirdly If such Husband shall be called by the right of his Wife the Writ shall make some mention thereof for otherwise it may well be taken that the Husband was chosen in his own person and in behalf of himself and not in regard of his wife or such pretended Dignity descended unto him But there was never such a Writ of Summons seen wherein the wife was mentioned And if the husband of such a wife have been called to the Parliament which is always by General Writ not mentioning his wife he is thereby made a Baron of himself by virtue of the said Writ Having thus heard both sides to dispute place it doth now require to interpose Opinion to compound the Controversie This point in queâ—tion is somewhat perplexed by means of difficult Presidents For first it is observed That some Presidents do prove that Baronies by Writ have descended unto Heirs Female whose husbands have been called to Parliament whether in regard of themselves or in respect of their wives right it maketh no matter but since it is that the marriage of such Ladies gave that occasion to be summoned and such husbands and their Poâ—â—erity have and do lawfully bear the same Title of Dignity which the Ancestors of such a wife did before rightfully bear For by this Controversie theâ—e is no purpose to call the right of such Noble Houses into question Howbeit Secondly this is to be observed out of the Presidents and to be acknowledged of every dutiful Subject That the King's Majesty is nevertheless at liberty to call to his High Council of Parliament whom he shall in his Princely Wisdom think fit which by his Majestie 's Noble Progenitors have in former Ages likewise observed And therefore whereas Ralph Lord Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest who married Sir Thomas Nevile Knight and Ioan the younger who married Sir Humphrey Butcher Knight who was called to Parliament as Lord Cromwell and not the said Sir Thomas Thirdly It is to be observed That if a Baron by Writ die without Heir Male having his Daughter Sister or other Collateral Heir Male that can challenge the Land of the said Baron deceased by any ancient entail or otherwise the Title of such an Heir Female hath heretofore been allowed as by the honourable Opinions and Relations of the Right Honourable the late Commissioners in the Office of Earl-Marshal signified unto the late Queen upon Petition of the Sister and Heir of Gregory Lord Dacres deceased may appear Moreover in the same Pedigree of the Lord Dacres it was expressed That Thomas sometimes Lord Dacres had issue Thomas his eldest Son Ralph his Second and Humphrey his third Thomas the eldest died in the life of his Father having issue Ioan Daughter and Heir who was married to Sir Richard Fines Knight and after Thomas Lord Dacres his Grandfather and Father to the said Ralph and Humphrey died after whose death Henry the Sixth by his Letters Patents bearing date at Westminster the Seventh of November in the Seventh year of his Reign reciting the said Pedigree and Marriage doth by his said Letters Patents accept declare and repute the said Richard Fines to be Lord Dacres and one of the Barons of the Realm But afterwards in the time of Edward the Fourth the said Humphrey Dacres after the attainder of the said Ralph and himself by an Act of Parliament which was the first of Edward the Fourth And after the death of the said Ralph and the Reversal of the said Act by another Act in the Twelfth of Edward the Fourth the said Humphrey made challenge unto the said Barony and unto divers Lands of the said Thomas his Father whereupon both parties after their Title had been considered of in Parliament submitted themselves to the Arbitrement of King Edward the Fourth and entred into Bond each to other for the performance thereof whereupon the said King in his Award under his Privy Seal bearing date at Westminster the Eighth of April Anno Regni sui decimo tertio did Award that the said Richard Fines in the right of Ioan his wife and the Heirs of his body by the said Ioan begotten should keep have and use the same Seat and Place in every Parliament as the said Thomas Dacres Knight Lord Dacres had used and kept and that the Heirs of the body of the said Thomas Dacres Knight then late Lord Dacres begotten should have and hold to them and to their Heirs the Mannor of Holbeach And further That the said King Edward did Award on the other part that the said Humphrey Dacres Knight and the Heirs Males of the said Thomas late Lord Dacres should be reputed had named and called the Lord Dacres of Gillesland and that he and the Heirs Males of the body of the said Thomas then late Lord Dacres should have use and keep the place in Parliament next adjoyning beneath the said place which the said Richard Fines Knight Lord Dacres then had and occupied And that the Heirs of the body of the said Ioan his wife shall have and enjoy and that the Heirs Males of the said Thomas Dacres late Lord Dacres should have to them and the Heirs Males of their bodies begotten the Mannor of Iothington c. And so note that the name of the ancient Barony namely Gillesland remained unto the Heir Male to whom the Land was entailed Moreover this is specially observed If any Baron by Writ do die having no other Issue than Female and that by some special entail or other assurance there be an Heir Male which doth enjoy all or great part of the Lands Possessions and Inheritances of such Baron deceased the Kings have used to call to the
Heraldry written by Iohn Guillim about fol. 18. That Sisters are allowed no differences of Badges in their Coat-Armour by reason that by them the name of the House cannot be preserved but are admitted to the Inheritance equally and are adjudged but one Heir to all intents and purposes whatsoever And the knowledge of this point in these days is worthy to be enquired into for this is to be observed out of Presidents and to be acknowledged of every dutiful Subject that the King can advance to Honour whom he pleaseth And therefore whereas Radulph Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest married unto Sir Thomas Nevill Knight and Ioan the younger married to Sir Humphrey Bowcher who was called to Parliament as Lord Cromwell and not the said Sir Thomas Nevill who married the eldest Sister And Hugh Lupus the first and greatest Earl of Chester Habendum sibi haeredibus adeo libere per gladium sicut iple Rex tenuit Angliam per tenorem Hugh died without Issue and the Inheritance of his Earldom was divided amongst his four Sisters and the eldest had not the Seigniory entire unto herself If a Woman be Noble by Birth or Descent with whomsoever she doth marry although her Husband be under her Degree yet she doth remain Noble for Birth-right est Character indelebilis Other Women are enobled by Marriage and the Text saith thus viz. Women ennobled with the Honour of their Husbands and with the Kindred of their Husbands we worship them in the Court we decree matters to pass in the Names of their Husbands and into the House and Surname of their Husbands do we translate them But if afterwards a Woman do marry with a Man of a baser Degree then she loseth her former Dignity and followeth the condition of her latter Husband And concerning the second disparaged Marriage as aforesaid many other Books of the Law do agree for these be Rules conceived in those Cases Si mulier nobilis nupserit ignobili desinit esse nobilis eodem modo quo quid constituitur dissolvitur It was the Case of Ralph Howard Esq who took to Wife Anne the widow of the Lord Powes they brought an Action against the Duke of Suffolk by the Name of Ralph Howard Esq and the Lady Anne Powes his Wife and exception was taken for mis-naming of her because she ought to have been named of her Husband's Name and not otherwise and the Exception was by the Court allowed For said they by the Law of God she is Sub potestate viri and by our Law her Name of Dignity shall be changed according to the Degrees of her Husband notwithstanding the Courtesie of the Ladies of Honour and Court Dyer 79. And the like is also in Queen Maries Reign when the Dutchess of Suffolk took to her Husband Adrian Brook Title Brief 54. 6. And many other Presidents have been of later times And herewith agreeth the Civil Law Digest lib. 1. title q. lege 1. In this Case of acquired Nobility by marriage if question in Law be whereupon an Issue is taken between the Parties that is to say Dutchesses are not Dutchesses Countesses are not Countesses and Baronesses are not Baronesses the Trial whereof shall not be by Record as in the former Case but by a Jury of Twelve men and the reason of the diversity is because in this Case the Dignity is accrued unto her by her Marriage which the Lawyers term Matter in Fact and not by any Record But a Noble Woman by marriage though she take to her second Husband a man of mean Degree yet she may keep two Chaplains according to the Proviso in the Statute of 11. Hen. 8. Case 13. for and in respect of the Honour which once she had viz. at the time of the Retainer And every such Chaplain may purchase Licence and Dispensation c. And Chaplains may not be Non-residents afterwards And forasmuch as the retaining of Chaplains by Ladies of great Estate is ordinary and nevertheless some questions in Law have been concerning the true understanding of the said Statute Law I think it not impertinent to set down subsequent Resolutions of the Judges touching such matters So long as the Wife of a Duke is called Dutchess or of an Earl a Countess and have the fruition of the Honour appertaining to their Estate with kneeling tasting serving so long shall a Baron's Widow be saluted Lady as is also a Knight's Wife by the courtesie of England quamdiâ— matrimonium aut viduitas uxoris durant except she happen to clope with an Adulterer for as the Laws of this Kingdom do adjudge that a Woman shall lose her Dowry in that as unto Lands Tenements and Justice so doth the Laws of Gentry and Nobleness give Sentence against such a Woman advanced to Titles of Dignity by the Husband to be unworthy to enjoy the same when she putting her Husband out of her mind subjects her self unto another If a Lady which is married come through the Forest she shall not take any thing but a Dutchess Marchioness or Countess shall have advantage of the Statute de Charta Forest. 12 Artic. during the time that she is unmarried This is a Rule in the Civil Law Si filia Regis nubat alicui Duci vel Comiti ducetur tamen semper regalis As amongst Noble Women there is a difference of Degrees so according to their distinct Excellencies the Law doth give special priviledges as followeth By the Statute 25 Edw. 3. cap. 1. it is High Treason to compass or imagine the death of the Queen or to violate the King's Companion The King's Response is a sole person except by the Common Law and she may purchase in Feesimple or make Leases or Grants with the King she may plead and be impleaded which no other married Woman can do without her Husband All Acts of Parliament for any cause which any way may concern the Queen are such Statutes whereof the Judges ought to take Recognizances as of general Statutes though the matter doth only concern the capacity of the Queen yet it doth also concern all the Subjects of the Realm for every Subject hath interest in the King and none of his Subjects within his Laws are divided from the King who is Head and Sovereign so that his business concerns all the Realm and as the Realm hath interest in the King so and for the same Reason is the Queen being his Wife A man seized of divers Lands in Fee holden by Knight's Service some by Priority that is by ancient Feoffment holden of others and some other part holden of the King in posteriority the King granteth his Seigniory to the Queen during her life and afterwards the Tenant dieth his Son within Age in this case he shall have the Wardship of the Body and have the Prerogative even as the King himself should have had The Queen Consort or Dowager shall not be amerced if she be Nonsuited
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
to the party for so it is termed in Brook's Title Additions 44. but an Honour to the Kingdom And therefore it hath been an ancient Prerogative of the Kings of this Realm at their pleasure to compel men of worth to take upon them that Degree upon payment of a Fine But we see by Experience in these days that none are compelled thereunto and that is the reason wherefore if the Plaintiff be Knighted having the Writ it shall abate because he hath changed his name and that by his own Act. And for that cause also by the Common Law not only the King but every Lord of a Mannor ought to have of every of his Tenants a reasonable Aid to make his eldest Son a Knight And all Lands are subject to these Aids except only ancient Demesne and grand and petty Serjeanty-Tenures as the Law hath â—een anciently delivered And in Io. Shelden 131. where also it is said one that wrote a little after the Statute of Westminster the first allows as a good barr to the Avowry for the Tenant to plead that the Father himself is no Knight so that one not Knighted cannot claim this Ayd of his Tenants Briâ—an cap. de prices de avers And it was at the liberty of the Lord to make more or less of his Tenants by the Common Law in this Case but by the Statute of Westminster the first Chap. 35. it is put in contrary viz. forasmuch as before this time reasonable Aid to make ones Son Knight or to marry his Daughter was never put in certain nor how much should be taken nor at what time whereby some levied unreasonable Aid and more often than seemed necessary whereby the people were sore grieved It is provided that from henceforth of a whole Knight's Fee there be taken but Twenty shillings and of Twenty pounds in Land holden in Soccage Twenty shillings and of more more and of less less after that rate And that none shall levy such Aid to make his Son a Knight until his Son be of fifteen years old nor to marry his Daughter until she be of the Age of seven years And of that there shall be mention made in the King's Writs formed on the same when any will demand it And if it happen that the Father after he hath levied such Aid of his Tenants die before he hath married his Daughter the Executors of the Father shall be bound to the Daughter for so much as the Father received for the Aid And if the Father's Goods be not sufficient his Heir shall be charged therewith unto the Daugher And this Aid is so incident that although the Lord do confirm unto the Tenant to hold by Fealty and certain Rent and release unto him all other Services and Demands yet shall he have the Aid to make his eldest Son a Knight But the King was not bound by the Statute aforementioned because the King was not named in the Statute Therefore by the Statute 25 Edw. 3. chap. 11. the King's Aid were brought to a like value The intention of the Law is That an Heir until the Age of One and twenty years is not able to do Knights Service But such a presumption of Law doth give place to a Judgment of proof to the contrary as Bracton saith Sâ—abitur presumptioni donec probetur in contrarium And therefore when the King who is the Sovereign Judge of all Chivalry hath dubbed him a Knight he by this hath adjudged him able to do him Knight's Service and all men are concluded to say the contrary to it And therefore such an Heir being made a Knight either in the life time of his Father or afterwards during his minority shall be out of Ward and Custody both for his Land and Body and marriage by the Award of the ancient Common Law By reason also that the Honour of Knighthood is so great that it is not to be holden under by any yet if the King do create such an Heir within Age a Duke Marquess Earl Viscount or â—aron by this he shall not be out of Ward and Custody both for his Land and Body And therefore it is propounded by the Statute of Magna Charta chap. 3. Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra remaneat in Custodia Dominorum suorum So that although such an Heir within Age be made Knight and thereby to this purpose is esteemed as of full Age yet the Land shall remain in Custody of the Lord till his Age of One and twenty years by the purview of the said Act. Question If the Son and Heir of the Tenant of the King by Knights Service c. be made Knight in Paris by the French King whether he shall be out of Wardship after the death of his Father or no for thereby he is a Knight in England Coke's seventh part b. 2 Edw. 4. fol. tamen vide in Coke's sixth part 74. b. mention is only made of Knights made by the King himself or by his Lieutenant in Ireland But when the King doth make an Heir apparent within Age of a Tenant by Knights Service a Knight in the life of his Ancestor and after the death of his Ancestor the said Heir being within Age shall in this Case be out of Ward and shall pay no value for his marriage neither shall the Lord have the Custody of the Land for in that Case by the making of him Knight in the life of his Ancestor he is made of full Age so that when his Ancestor dieth no interest either in the Body or in the Land shall invest in the Lord but the Knight may tender his Livery as if he were of full Age And in that case the King shall have primier Seisin as if he had been One and twenty years of Age at the time of the death of his Ancestor and not otherwise For the Statute of Magna Charta doth not extend unto it for the purview of it doth extend only when the Heir in Ward infra aetatem is made Knight then remanet terra in Custodia c. But when the Heir is made Knight in the life of his Ancestor then the Custody cannot remain which never had any inception or essence Also when the Heir after the death of his Ancestor within Age is made Knight if after tender made to him he within Age do marry elsewhere yet he shall not pay the forfeiture of his marriage for by the making him Knight he is out of Ward and Custody of his Lord for then he ought to be sui Iuris and may imploy himself in feats of Arms for defence of the Realm c. and therefore may not be within the Custody of another and none shall pay any forfeiture but when after any refusal he doth marry himself during the time when he is under the custody and keeping of his Lord And this doth appear by the Statute of Merton chap. 6. Si se mariturierit sine licentia
Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
Nobleman and his Progenitors have for a long time been called to Parliament and be a Baron either by Tenure or Writ and have had in regard thereof a place certain in Parliament if afterwards the said Nobleman should be created a Baron of that Barony and by the same name by Letters Patents whether shall he and his Heirs retain his old place in Parliament which he had according to his former Dignity or whether shall he lose his old place and take a new one according to the time of his Creation Answer The Case of the Lord Delaware lately erected a Resolution somewhat answerable to this Question Thomas Delaware in the third of Edward the Sixth being in some displeasure with William West his Heir and Nephew who was Father to Thomas late Lord Delaware and Grandfather to Henry Lord Delaware that Nevis procured by Act of Parliament by which the said William West was during his natural life only clearly disabled to claim demand or have any manner of Right Title or Interest by Descent Remainder or otherwise in or to the Mannors Lands Tenements or Hereditaments Title and Dignity of Thomas Lord Delaware his Uncle c. After the said Thomas Delaware died and the said William West was in the time of Queen Mary attainted of Treason by Verdict but pardoned by the said Queen and afterwards by Parliament in the time of Queen Elixabeth was restored and in the fourth year of her Reign was created Lord Delaware by Patent and took place in Parliament accordingly for that by the said Act of Parliament of Edward the Sixth he was excluded to challenge the former ancient Barony and after he died Now whether Thomas Delaware should take his place according to the ancient Barony by Writ or according to his Father's Creation by Patent was the Question The Opinions of the late Queens Council being his Majestie 's Attorney General and Solicitor were That the acceptance of the new Creation by the said William West could not extinguish the ancient Dignity for that he had not the ancient Dignity in him at that time of his Creation but the Dignity was by the Act of Parliament 3 Edw. 6. in the ballance of suspence or consideration of Law and he thereby utterly disabled to have the same during his life only so as other acceptance could not extinguish that Dignity which he then had not nor could not conclude his Heir who was not disabled by the Parliament 3 Edw. 6. to claim the ancient Barony which Opinion of theirs was seen and allowed by the then Chief Justice of England and Lord Chief Baron and so signified to the Lord Keeper But this to be noted by the Reasons made for the said Resolution though if the said Sir William West had been Baron and entituled and in possession of the ancient Dignity when he accepted the ancient Creation the Law perchance might have been otherwise but that remains as yet unresolved Nevertheless the Rule is Eodem modo quo quid constituitur dissolvitur But by a Grant which is but a matter of Fact a man cannot transfer his Title of Honour And thus much concerning the Degrees of Barons within this Realm upon this occasion for the better understanding and direction of that which followeth to be handled And in this place I think it not impertinent to mention one Case which I met with in our Books of Common Law concerning the Descent of a Title of Honour whereof the Ancestor had Estate in Feesimple there is a Maxim in the Law Possessio fratris in feodo facit sororemesse haeredem But if a man by any of the three means aforesaid be created into a Title of Dignity to him and his Heirs for ever and so have Issue by one wife a Son and a Daughter and hath also a Son by a second wife afterwards the Father dieth and his eldest Son entreth into all his Father's Inheritances and also enjoyeth the Titles and Dignities which his Father had but dieth without Issue In this Case the Dignity shall descend upon the younger Son though he be but of the half blood to him that last enjoyed that Name and Title of descent and shall not descend to his Sister of the whole blood And yet in this case he shall only be her Brother's Heir of all his Feesimple Lands and the reason thereof is because possessio fratris is the name and sole cause which may give Title to her his Sister which faileth in this case of Dignity for it cannot be said that her elder brother was in possession of his Title of Honour no more than of his blood so as neither by his own act nor any act to be done by any other did gain more actual possession if so it may be termed then by the Law did descend to him and therefore the younger brother may well by the Law make himself Heir unto his Father of the Honour that he cannot be heir unto his brother So that this word Possession which is no other than pedis positio extendeth only unto such things of which a man may by hâ—s entry or other act be possessed and doth require actual possession Coke's third part 92. Having thus much treated concerning the Creations and other things incident to the degrees of Nobility I cannot omit some things concerning the sufficiency and ability of Estate which the Law doth require to be in every of them according to their several Dignities The Common Law which always will decorum and conveniency be observed considering the Charges and Dignities appertaining to these Degrees and Dignities being Offices of principal Service to the King and Realm both in War and Peace hath ordered that each of them ought to have a convenient Portion and Inheritance in Land to support the said Dignity which Supplies are as Sinews conjoyned in the same For in Vertue and Riches as Aristotle confesseth all the old Nobility consisted and which two Properties maketh a good Complement for utilior est sapientia cum divitiis conjuncta Therefore a Knight's Fee which he ought to have is Twenty pounds Land by the year a Baron's thirteen Knights Fees and a quarter and an Earl's twenty Knights Fees For always the fourth part of each Revenues which is by the Law held requisite for the Dignity shall be paid to the King for the Relief As for Example the Relief of a Knight is five pounds which is the one fourth of his Revenue according to the Statute of the first of Edward the Second The Relief of a Baron is One hundred Marks which is also the fourth part of his Revenue And the Relief of an Earl is One hundred pounds alâ—o the fourth part of his Revenue And it appears by the Records of the Exchequer that the Relief of a Duke amounteth unto Three hundred pounds And this is the reason in our Books that every of the Nobility is presumed in the Law to have sufficient Freehold ad sustinendum nomen onus And to what value
then Countess of Killimeak in Ireland The Lady Dudley Dutchess of 〈…〉 The celebrated Beauties Barbara Villiers Dutchess of Cleaveland and Countess of Southampton and Louyse Rene Angelique de Carwell Dutchess of Portsmouth Countess of Petersfield c. Of Titles by Descent and Marriage there are Examples enough so that I need not trouble the Reader with any repetition I shall only set down some few general Observations not sufficiently discoursed of If a King's Daughter marry a Duke or an Earl illa â—emper dicitur Regalis by Law and Courtesie Noble women by descent Birthright or Creation remain Noble although they marry Husbands under that degree Also any Daughter of an Earl or Viscount that continues a Virgin or marrieth an Esquire yet she retaineth the Honour that sprung from her Parents and shall take place accordingly and be saluted by the Title of Lady If a Gentleman Knight or Peer marry a wife of ignoble Parents she shall enjoy the Title Name and Dignity of her Husband not only during his life but when she is a widow or afterwards married to an Ignoble person but this is by the Courtesie and not by the Law of the Realm Whereas on the contrary let a woman of Blood and Coat-Armour marry a Yeoman or Churle that is Ignoble and hath no Coat-Armour his Condition in point of Honour is in no respect advanced and she shall retain the Honour State and Dignity she was born unto Yet if she have iâ—â—ue by that Yeoman or Ignoble person she being an Heiress that Issue shall have liberty to bear her Coat but Sir Iohn Fern saith only for life and that on a Lozenge Shield with a difference of a Cinquefoil If a French Spanish or other woman Alien be married to a Peer of the Realm or to a Gentleman and be not denizened she is debarred all Priviledges and Titles due to her Husband nor can she claim any Dower or Joynture from him by the Laws of England Yet in some things our Laws are wonderful kind to the Female Sex especially procreandi causa As thus if a man and his wife separate for some fraud or private loathing of the Marriage Bed or the like and so continue for some years after which time the woman bringeth forth a Child which though got by another man and her Husband in all that time not having enjoyed her yet if he live in the Kingdom he must Father the Child and if before that time he had no Child that shall inherit his Lands if entailed or left without Will Also if a Wife be with Child when her Husband dieth and she marry another man before her delivery the latter Husband must own the Child which must be his Heir at Law if he were childless The Wives Dignities and Lands descend to her Heirs not to her Husband yet to encourage him to play the man the Courtesie of England is such that as the Wife hath the third part of his Estate in Lands for her Joynture during her life if a Widow so the Husband if he get his Wife with Child and that Child be heard to cry he shall enjoy all her Lands during his life The Wife can make no contract whatsoever that shall stand good in Law to the detriment of her Husband without his consent nor can she make a Will or dispose of what she hath whilst she is a Feme Covert â—he cannot be produced as a witness for or against her Husband nor shall she be accessory to his felonious acts although she receive the Goods or conceive the Fact if she be not personally an Actor therein Female Children are also by Law capable to give their consent to marriage at Seven years old and the Lord 's eldest Daughter is to have aid of his Tenants to marry her at that age though she may dissent from this Contract when she comes to Twelve but if at that Age she doth not dissent she is bound for life she may then make a Will and dispose of Goods and Chattels by it At Nine years of Age she is Dowable at Fourteen she might receive her Lands into her Hands and was then out of Wardship if she were Fourteen at the death of her Ancestor otherwise she was in Wardship till she accomplished Sixteen years and then she was free At One and twenty she is enabled to contract or alienate her Lands by Will or otherwise If there be no Son the Lands as well as Goods are equally divided amongst the Daughters who are Coheirs In ancient times Women amongst the Romans were thought worthy of enjoying peculiar favours and respect And out of their great love and honour to the Mother of Marcus Coriolanus for diverting his fury which he threatned the Citizens to their ruin for their ingratitude towards him the Citizens granted the Roman Dames the priviledge of wearing the Segmenta Aurea or Bordures of Gold and purple on their Garments They were also permitted to wear gold Ear-rings to have place on the way and in memorial of the said preservation there was erected a Temple dedicated to the Female Fortune Anne of Britain wife to Charles the Eighth of France as an ornamental Honour to several deserving Ladies instead of the Military Belt and Collar bestowed on them a Cordon or Lace and admonishing them to live chastly and devoutly and to put the greater esteem thereon the surrounded her Escocheon of Arms with the like Cordon from which Example it is now become the Custome for unmarried women to bear their Arms in form of a Lozenge which are commonly adorned with such a Cordon Ioseph Micheli Marquez for the further Honour of the Female Sex gives an Example of the Noble women of Tortosa in Aragon whom he calls Cavalleros or Knights For saith he Don Raymond last Earl of Barcellona who by right of his wife Petronilla sole Daughter and Heir to King Ramiro the Monk joyned his Principality to the Kingdom of Aragon having in the year 1149. taken from the Moors the City of Tortosa who in a few months after laid siege to the said City and reduced the Inhabitants to so great a strait that their intentions were of surrendring it up to the Moors but the women hearing thereof for the diverting their ruin put on mens Apparel and by a resolute Sally forced the Moors to raise the Seige And the Earl in acknowledgment of his thanks for this their Noble Act as a reward of Honour instituted an Order not much unlike a Military Order into which were admitted only those brave women and their Descendants The Badge which he assigned them was something like a Fryer's Capouch but of a crimson colour which they wore upon their Head-clothes Amongst the priviledges which this Earl granted them they were to be freed from all Taxes to have precedency of men in publick Meetings and that all the Iewels and Apparel of their deceased Husbands should be their own although of never so great value And these women having thus purchased this
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
â— Erasmus is now maried to Mary daughter of Hugh Hare Baron of Coleâ—â—â— in Ireland 〈◊〉 the Lady Lucy Mountague daughter of Hen Earle oâ—â—â—â—chester L d 〈◊〉 Coll Robert Werden of Chester Comptroler to his Royall Highness Iames Duke of York and first Leiutenant and Major of his Guards first maried to Iane daughter of Edw Barnham of Cock hall in Kent Esq r and now to Margaret daughter and heyre of Will Towse of Bassingburn hall in Essex Esq. Humphrey Weld of Lulworth Castle in Dorsetshire Esq r Governor of his Ma â—ys Isle and Castles of Portland and Sandes foot lineally desended from Edricke Sylvaticus alias Wildâ— a Saxon of great renowne in the reignes of K. Herold and Will the Conquerorâ—whose father Alfrick was brother to Edricke of Stratton Duke of Merciaâ— wch sd. Humprey is now Maried to Clara daughter of the Rt. honble Thâ—â— Ld. Arundel of Warden Court of the Empire Colâ— Thomas Sackevile of Selscombe in Sussex a Person of great Loyalty being one that served his late maty in all his expeditions and was one of the Captaines of his life guards in the begining of the late warrs He is now maried to Margaret daughter of 〈◊〉 Henry Compton of Brambletye in Sussex K â— of the Bath and Uncle to the late Earle of Northampton Phillip Doughty of Eashere in the County of Surrey Esq descended from an English Saxon family of ye. Dohags who were here Sealed before the Conguest Skynner Byde Esqr. eldest sonn of Sr. Thomas Byde of Ware Park in the County of Hertford Knight now maried to Anne daughter of Tho Austen of Hoxton in Middlesex Esqr. Captaine Iohn Huitson of Clâ—asbey in the County of York one of the Captaines of the Couldstrem Regiment of foot guards to his maty King Charles the second now maried to Martha daughter of Sr. William-Cooper of Ratling Court in Kent Baronet Thomas Tomlins of St. Leonards Bromley in Midd. sx Esq r first maried to Ann daughter of Captaine Will Goodladd of Lee in Essex 2dly to Eliz daughter of Ric Swinglehurst of London Merchant 3dly to Eliz daughter of Reynolds of East Grenwich in Kent Esq r now to Susanna daughter of Geo Cranmer of Canterbury in Kent afore sd Merchant Nicholas Barbon of London M.D. one of the Colledge of Phisitians of the S â— Citty now maried to Margaret daughter of Iohn Hayes of Hadley in Midd sx Esqr. Beaumont Dixie of Bosworth in the County of Leicester Esqsr. sonn and heyre of Sr. Wolstan Dixie of Bosworth aforesaid Bart. now maried to Mary sister and heyre to Sr. William Willoughby of Willoughby in Nottinghamshire Bart. deceased Richard Winwood of Ditton Park and Quainton in the County of Bucks Esqsrâ— sonn and heyre of the Rt. honble Sr. Ralph Winwood Knightâ— Embassador Ledger to â—he States of the united Provinces and principall secretary of state to King Iames. Edward Peck of Samford Hall in the County of Essex sergeant 〈◊〉 Law to his maty King Charles the 2â— sonn and heyre of Will Peck of Metâ—â—â—â—old in the County of Norfolk Esqsr. and intermâ—ried w â— Graâ—e one of the daugâ—â—â—ers â—â—d CoheyrÌ„s of Will Green of East Barnet in Hartfordshire Esqs â— William Peck of Samford hall in the County of Essex Esqs â— sonn and â—eyre of Edw. Peck sergeant at Law and is now maried to Gartrude sole daughter and heyre of Sr. Willâ— Grâ—en of Mitcham in the County of Surry Bart. Iustinian Pagit of Grais Inn in Com Middz Esqss. Cristos Brâ—ium et Recordorum Banco Regis Ioseph Micklethwaite of Swyne in Holderness in the County of York ' Esqs s William Mountagu Esqss. son heyre to the honble William Mountagu Lord cheife Baron of his matys Court of Exchequer maried to Ann Sole daughâ—â—â—â— heyre of Ric Evelyn of Woodcot in the County of Surreyâ— Esqss. Thomas Robinson of the Inner Temple Londoâ— Esqss. cheife Prothonotary of his matys Court of Comon Pleas. Francis Diue of Bromham in the County of Bedford Esq son heirè of Sr Lewis Diue of the said place Kt. now maried to Theophila Daughter of the Right Reverend Father in God Iohn Hackett late Lord Bishop of Litchfeild and Couentry Owen Feltham of Greys Inn in ye. County of Middlesex Esq r now maried to Mary one of ye. Daughters Coheires of Alexander Portree of Barnstaâ—le in Devonshire Esqâ— Francis Wythens of Eltham in the County of Kent Esq one of ye. society of the Middle Temple London Iames Hoare of Edmonton in the County of Middlesex Esq and one of the society of ye. Middle Temple London Thomas Foley of Kidderminster in Worcestersh Esq eldest son of Thomas Foley of Witley Court in Worcestersh Esq now maried to Elizabeth Daughter of Edward Ash of Halsted in the County of Kent Esq. Paul Foley of Stoakâ— Court in the County of Hereford Esq. second sonn of Tho Foley of Witley Court in Worcester shire now maried to Mary daughter of Iohn Lane of ye. Citty of London Esq. Phillip Foley of Prestwood in the County of Stafford Esq third son of Tho Foley of Witley Court in Worcestershire Esq now maried to Penelope daughter of the Rt. honble Wm. Ld. Pagett Baron of Beaâ—desert Tollemach Duke of Lincolns Inn in Middlesex Esq Exigenter for London ct. in the Court of Common pleas sonn heyre of Dr. Edward Duke of HoningtoÌ„ in Suffolk by Eliz his wife onely daughter of Robert 2d son of Sr. Lionel Tollemach of Bently Helmingham in the Sd. County â—ar â— linealy descended in a direct male line from ye. antient family of the Dukes of Brampton Shadingfeild in the Sd. Counâ—y of late Barts Thomaâ— Walker of yâ— Inner Temple London Esqs s som time Comptroller of yâ— S â— society son of Thomas Walker of Warwicâ—shire Esqss. who is descended from an antient family of that name in Leicestershire wch Sd. Tho the bearer hereof is now maried to Elizabeth daughter Coheyâ—e of Hoo Games of Newton in Brecknockshir Esqs â— of wch Sd. familys see more in the body of thâ— Book Sâ—ction chapter Iohn Bennet of â—bington in the County of Cambridge Esqss. Iohn Lewkenor of West Deane in Sussex Esqs s son and heyre of Sr. Iohn Lewkenor Kt. of yâ— Bath deceased by Ann daughter and Coheyre of George Myn of Myn in Shropshir Esqs s decended from the antient family of the Lewkeâ—ors Thomas Coxe M.D. Physitian in ordinary to his maty King Charles the 2d. William Thompson of the Middle Temple London Esq noâ— maried to Mary Sole daughter of Iohn Stephens of Broadway in Worcestershire Gent. William Atwood of Bromfeild in Essex and Grais Inn in Middlesex Esq son and heyre of Iohn Atwood Esq desceased by Elizabeth daughter and Coheyre of Patrick Young Esq son of Sr. Peter Young K â— Abnoner and privy Councellor of Scotland to King Iames. Thomaâ— Plott Esq secretary to his Highness the Great Duke of Tuscany descended of the family of the Plotts of Sparsholt in Berkshire Iohn Warner of