Creation of the Prince ended Although at present we have no Prince of Wales yet I shall give you the Badge or Armorial Ensign of Honour appropriate unto them which is as it is here depincted OF DUKES CHAP. IV. THE Title and Degree of a Duke hath been of ancienter standing in the Empire and other Countries than amongst us for the first English Duke was Edward the black Prince created Duke of Cornwal by his Father King Edward the Third by which Creation according to the Tenure of his Patent the Firstborn Sons of the Kings of England are Dukes of Cornwall Nor is there any Creation required for the said Honour although there is for Prince of Wales A Duke is said to be so called à Ducendo from leading being at the first always a Leader of an Army Imperial or Regal and was so chosen in the Field either by casting of Lots or by common Voice and the Saxons called this Leader an Hertzog but now and for some time past it is a Dignity given by Kings and Princes to men of great Blood and excellent Merit In some Countries at this day the Soveraign Princes are called Dukes as the Duke of Savoy Duke of Muscovy Duke of Saxony Duke of Florence and the like All Noblemen at their Creation have two Ensigns to signifie two Duties viz. their Heads are adorned ad consulendum Regem Patriam in tempore pacis and they are girt with Swords ad defendendum Dominum Regem Patriam in tempore belli The Chapeau or Head-attire saith Chassanaeus Dukes were accustomed to wear in token of Excellency it is of a Scarlet Colour lined or doubled Ermin And now Marquisses Earls and Viscounts plead Custome for the use thereof as also for Coronets which his Majesty King Charles the Second hath also granted Barons to wear but with due difference as is also in their Robes which may appear by the Portraiture of the said Degrees here lively set forth His Sword is girt about him and his short Cloak or Mantle over his Shoulders is guarded with four Guards his Coronet is Gold the Cap Crimson doubled Ermin but not indented as those of the Blood Royal are and the Verge which he holds in his hand is also of Gold Dukes of the Royal Line or Blood are reputed as Arch-Dukes and are to have their Coronets composed of Crosses and Flower delis as other Dukes A Duke tantùm shall take place before any Lord that is both Marquis and Earl but a Duke that is both a Marquis and Earl shall precede him The Dukes Marquisses and Earls at their Creations have a Sword put over their Shoulders or girt about them which the Viscounts and Barons have not A Duke may have in all places ouâ— of the King 's or Princes presence a Cloth of Estate hanging down within half a yard of the Ground so may his Dutchess who may have her Train born up by a Baroness And no Earl without permission from him ought to wash with a Duke The Effigies of the Most Noble George Duke Marquess Earle of Buckingham Earle of Coventry Viscount Villers Baron of Whaddon Knight of the most Noble order of the Garter a. R. While sculp His Royall Highness Iames Duke of Yorke and Albany Knight of the most noble order of the Garter sole Brother to his sacred Majesty King Charles the second coet. The most Illustrious Prince Rupert Count Palatine of the Rhine Duke of Bavaria and Duke of Cumberland Earle of Holderness Governor of Windsor-Castle Lord Leivtenant of Berâ—shire Knight of the Garter Nephew to the late King of blessed memory and one of his Ma â—â—es most Honourable privy Councell c â— The Right Noble Henry Duke of Norfolk Earle of Arundell Surrey Norwich Earle Marshall of England Baron Howard Fitz-Allen Matravers Mawbrey Seagrave Bruceâ— Cluâ—n Oswalds tree Castle Riseing The Right Noble Francis Seumour Duke of Somerset Marquess Earle of Hertford Viscount Beauchamp Baron Seymour ct. The Right Noble George Duke Marquess Earle of Buckingham Earle of Coventrey Viscount Villiers â—â—ron of Whaddon Knight of the most noble order of the Garter ct. The Rt. Noble Christopher Duke of Albemarle Earle of Toringtoâ— Baron Monck of Potheridge Beauchamp Teys Kt. of ye. most noble order of ye. Garter Lord Leivtenant of Devon-shire Essex one of the Gentlemen of his matys Bedchamber one of ye. Lords of his most honble privy Counâ—â— The Right Noble Iames Duke of Noâ—â—â—uth Buccleuth Earle of Doncaster Dalkeith Baron of Askedale Teâ—dâ—lâ— Whitchâ—â—â—â—â—en 〈…〉 Chamberlaine of Scotland Masâ—â—r of his Ma â— horse Captain of his life Guard Gouernor of Hull Lord Leivtenant of ye. East Rideing of Yoâ—k-shire Chancellor of ye. Vniversity of Cambridge Knight of ye. Garter one of ye. Lords of his matys most honble privy Councell ct. The Right Noble William Cavendish Duke Marquess Earle of Newcasâ— Earle of Ogle Viscount Mansfield Baron Ogle Bertram Bolesmere Kt of thâ— Garten Ld. Leiutenant of Nottinghamshire Gent of his matys Bedchamber Iustice in Ire of all his matys Parks fforests and Chases Northwards of Trent one of ye. Lords of his matys most honble privy Councell â— The Right Noble Charles Fitz-Roy Duke of Southampton Earle of Chichester Baron of Newbury Knight of the Garter and heyre in Succession to the Dutchy of Cleaveland câ— The Right Noble Charles Lennox Duke of Richmond and Lennox Earle of March and Darneley Baron of Settrington and Tarbolton ct. The Right Noble Henry Fitz-Roy Duke of Grafton Earle of Euston Viscount Ipswich and Baron Sudbury â—â— A Duke hath the Title of Grace and being written unto is styled Most High Potent and Noble Prince And Dukes of the Royal Blood are styled Most High most Mighty and Illustrious Princes The younger Sons of Kings are by courtesie styled Princes by birth but have their Titles of Duke Marquiss c. from Creation The Daughters are styled Princesses and the Title of Royal Highness is given to all the King's Children both Sons and Daughters The form of a Patent of the Duke of York tempore Iacobi JACOBUS c. To all Archbishops Bishops Dukes Marquisses Earls Viscounts Barons Iustices Knights Governors Ministers and to all Bailiffs and faithful Subjects Greeting Whereas oftentimes we call to mind how many and innumerable Gifts and what excellent Benefits that Great Maker of all Goodness of his own benignity and clemency hath abundantly bestowed upon us who not only by his power hath consociated divers and mighty Lyons in firm Peace without any strife but also hath amplified and exalted the Bounds and Limits of our Government by his unspeakable Providence above our Progenitors with an indissolvable Conjunction of the ancient and famous Kingdoms in the right of Blood under our Imperial Diadem In regard whereof we cannot boast but most willingly acknowledge our fruitfulness and Issue plentifully adorned with the gifts
time but by a Statute made the Twelfth of Edward the First Wales was incorporated and united to England and became part thereof Also by another Statute made 27 Hen. 8. c. 24. a general resumption of many Liberties and Franchises heretofore granted or taken from the Crown as the Authority to pardon Treasons Murder Manslaughter and Felony also power to make Justices in Oyer Justices of Assize Justices of the Peace Goal deliveries and such like so that from thenceforth the King 's eldest Son hath only the Name and Style of Prince of Wales but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent may appear HENRY by the Grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Iustices Viscounts Governors Ministers and to all our Bayliffs and faithful Subjects Greeting Out of the Excellency of Royal Preheminence like leaves from the Sun so do inferior humours proceed neither doth the integrity of Royal Lustre and Brightness by the natural disposition of the Light affording Light feel any loss or detriment by such borrowed Lights yea the Royal Scepter is also much the more extolled and the Royal Throne exalted by how much the more Nobleness Preheminencies and Honours are under the power and command thereof And this worthy Consideration allureth and induceth us with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward in whom we behold and see our self to be honoured and our Royal House also and our people subject to us hoping by the grace of God by conjecture taken of his gracious future proceedings to be the more honourably strengthened that we may with honour prevent and with abundant grace prosecute him who in reputation of us is deemed the same with us Wherefore by the counsel and consent of the Prelates Dukes Earls Viscounts and Barons of our Kingdom being in our present Parliament We have made and created and by these Presents do make and create him the said Edward Prince of Wales and Earl of Chester And unto the same Edward do give and grant and by this Charter have confirmed the Name Style Title State Dignity and Honour of the said Principality and Connty that he may therein in Governing Rule and in Ruling direct and defend we say by a Garland upon his Head by a Ring of Gold upon his Finger and a Verge of Gold have according to the manner invested him to have and to hold to him and his Heirs the Kings of England for ever Wherefore we will and command for us and our Heirs that Edward our Son aforesaid shall have the Name Style Title State Dignity and Honour of the Principality of Wales and of the County of Chester aforesaid unto him and his Heirs the Kings of England for ever These being Witnesses the Reverend Father John Cardinal and Archbishop of Canterbury Primate of England our Chancellor and William Archbishop of York Primate of England Thomas Bishop of London John Bishop of Lincoln William Bishop of Norwich our most well beloved Cosins Richard Earl of Warwick Richard Earl of Salisbury John Earl of Wiltshire and our well beloved and faithful Ralph Cromwel Chamberlain of our House William Falconbridge and John Stourton Knights Dated at our Palace at Westminster the 15th day of March and in the year of our Reign 32. And here by the way may be observed That in ancient time and in the time of the English-Saxon Kings the use was as well in pennings of the Acts of Parliament as of the King's Letters Patents when any Lands Franchises or Hereditaments did pass from the King of any Estate of Inheritance as also in the Creations of any man unto Honour and Dignity the Conclusion was with the sign of the Cross in form aforesaid his testibus c. But long since that form hath been discontinued so that at this day and many years past the King's Patents for Lands Franchises and Hereditaments do conclude with Teste me ipso Nevertheless in all Creations of Honour and Dignity of Letters Patents the ancient form of concluding His testibus is used at this day And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince who is the Firstbegotten Son of the King and Heir apparent to the Crown for the time being perpetuis futuris temporibus be such Acts whereof the Judges and all the Realm must take Cognizance as of General Statutes For every Subject hath interest in the King and none of his Subjects who are within his Laws be divided from him being he is Head and Sovereign so that the business and things of the King do concern all the Realm and namely when it doth concern the Prince the Firstbegotten Son of the King and Heir apparent to the Crown Although the Prince by express words hath no priviledge by the Great Charter of the Forestâ— 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks passing by them and sent for by the King's Command yet the Prince is to take the benefit and advantage thereby as well as the Earls Bishops or Barons who are expressed Crompton's Courts des Iustices de Forest 167. In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament and other Assemblies was amongst other things made as followeth That no person or persons of what degree estate or condition soever his or they be of except only the King's Children shall at any time hereafter attempt to sit or have place on any side of the Cloth of Estate in the Parliament Chamber whether his Majesty be there personally present or absent The Prince shall not find Pledges for the prosecution of any Action and therefore shall not be amerced no more than the King or Queen should be The Prince is a distinct person from the King he is a Subject and holdeth his Principalities and Seigniories of the King and subject to the Law of the Land as a Subject And in token of the Prince's subjection he doth not upon his Posie in his Arms disdain the old Saxon words Ich Dieu I serve And there is a Case that Glascoine Chief Justice of England in the time of Henry the Fourth did commit the Prince who would have taken a Prisoner from their Bar in the King's Bench And the Prince did humbly submit himself and go at his Command And this did much rejoyce the King to see that he had a Judge so bold to administer Justice upon his Son and that he had a Son so gracious as to obey his Laws The Exercises befitting Princes whilst they are young are Chivalry and Feats of Arms and to adjoyn therewith the knowledge of the Law and God For it is the Duty and
of Horeham in Sussex Esq. 827 29. 1677. Sir Robert Cotton of Cumbermere in Cestr. Kt. 828 April 7. Francis Willoughby of Wollaton in Nottinghamshire Esq. 829 Iuly 28. Richard Newdigate Serjeant at Law 830 Sept. 29. Richard Cust of Stamford in Lincolnshire Esq. 831 Octob. 8. Francis Anderton of Lostock in Lancashire Esq. 832 18 Iames Symeon of Chilworth in Oxfordshire Esq. 833 25. Iames Poole of Poole in Worrell in Cheshire Esq. 834 Dec. 31. George Wharton of Kirkby-Kendal in Westmoreland Esq. 835 Ian. 31. Hugh Ackland of Cullum-Iohn in Devonshire Esq. 836 Apr. 22. Francis Edwards of Shrewsbury in Shropshire Esq. 837 May 8. Sir Henry Oxinden of Deane in Kent Kt. 838 18. Iames Bowyer of Leighthorne in Sussex Esq. for life and after to Henry Goring of Higden in the said County Esq. 839 Iune 29. Ignatius Vitus alias White of Limberick in Ireland Esq. KNIGHTS OF THE BATH CHAP. XX. KNights of the Bath so called from part of the Ceremony at their Creation are commonly made at the Coronation of a King or Queen at the Creation of a Prince or of a Duke of the Blood Royal Thus at the Creation of Henry Prince of VVales and Charles Duke of York the second Son of King Iames Knights of the Bath were made and at the Coronation of our dread Sovereign King Charles the Second 68 were made whose Names you will find in the ensuing Catalogue This Order was first erected saith Froysard in Anno 1399. by King Henry the Fourth who to add to the lustre of his Coronation created 46 Knights of the Bath and Mr. Selden thinks them more ancient But that great Antiquary Elias Ashmole Esq is of the Opinion that the said King did not constitute but rather restore the ancient manner of making Knights for formerly Knights Batchelors were created by Ecclesiasticks with the like Ceremonies and being thus brought again into use and made peculiar to the Degree of Knights of the Bath they have ever â—ince continued and the better to maintain this his Opinion saith That they have neither Laws nor Statutes assigned them neither are they to wear their Robes but upon the time or solemnity for which they were created except the red Ribbon which they are allowed always to wear cross their left Shoulder and upon any vacancy their number which is uncertain is not supplyed They are created with much noble Ceremonies and have had Princes and the prime of the Nobility of their Fellowship The particular manner of their Creation is mentioned by many Authors but most exactly described and illustrated with Figures of all the Ceremonies by the learned Hand of VVilliam Dugdale Esq Norroy King at Arms in his Description of VVarwickshire to which laborious Peece I refer the curious Reader borrowing from him and some others this small abstract of their Ceremonies When one is to be made a Knight of this Order at his coming to Court he is honourably received by the Chief Officers and Nobles of the Court and hath two Esquires appointed to wait upon him who convey him to the Chamber without more seeing him that day where he is to be entertained with Musick then a Bath is to be prepared by the Barber who is to trim him and the King being informed that he is ready for the Bath he is by the most grave Knights there present instructed in the Orders and Fees of Chivalry the Musick playing to his Chamber door then they hearing the Musick shall undress him and put him naked into the Bath and the Musick ceasing some one of the Knights shall say Be this an honourable Bath unto you then shall he be conveyed to his Bed which shall be plain and without Curtains and so soon as he is dry they shall help to dress him putting over his inward Garment a Rusâ—et Robe with long sleeves and a Hood like unto that of an Hermit and the Barber shall take all that is within and without the Bath with his Collar about his Neck for his Fees then shall he be conducted to the Chappel with Musick where being entred the Knights and Esquires shall be entertained with Wine and Spices for their favours done unto him then they take their leaves of him and he and his two Esquires and a Priest performs a Vigil till almost day with Prayers and Offerings beseeching God and his blessed Mother to make him worthy of that Dignity and being confessed he shall with one of the Governours hold a Taper till the reading of the Gospel and then he shall give it to one of the Esquires to hold till the Gospel is ended and at the elevation of the Host one of the Governours shall take the Hood from the Essquire and after deliver it again till the Gospel in principio and at the beginning take the Hood again and give him the Taper again in his hand having a penny ready near the Candlestick at the words Verbum caro factum est the Esquire kneeling shall offer the Taper to the Honour of God and a penny to the Honour of the person that makes him a Knight This Ceremony being ended he shall be conducted to his Chamber for some repose until the King's pleasure is known and then he is dressed and attended into the Hall which is ready for his Reception being girded with a Girdle of white Leather without Buckles having a Coif on his Head Mantles of Silk over a Kirtle of red Tartarin tied with a lace of white silk with a pair of white Gloves hanging at the ends of the Lace and this Attire is the Chandlers Fees Then he is conducted by the Knights on Horsback to the King's Hall with his Sword and his Spurs hanging at the Pomel of the Sword being carried before him and the Marshal and Ushers meeting him do desire him to alight the Marshal shall take his Horse for his Fee and being brought to the high and second Table with his Sword being held upright before him the King coming into the Hall doth ask for the Sword and Spurs which the Chamberlain shall take and shew the King who takes the right Spur and delivers it to the most Noble Person there wishing him to put it on the Esquire which being done a Knight puts on the left Spur then the King taking the Sword which he girts about him and putting his Arms about his Neck saith Be thou a good Knight and after kisseth him then he is conducted to the Chappel and kneeling with his right hand lying on the high Altar he promiseth to maintain the Rites of Holy Church until his death and ungirting his Sword with great Devotion he offereth it there to God then at his going out the King's Master Cook who is there ready to take off his Spurs shall say I the King's Master Cook am come to receive thy Spurs for my fee and if you do any thing contrary to the order of Knighthood which God forbid I shall back your Spurs from your heels Then he is conducted
the Dove in Castile ibid. Ordo de la Scama in Castile ibid. Knights of the Lily in Aragon ibid. Knights of Mountjoy ibid. Knights of Acon or Acres ibid. Knights of St. James in Galicia 126 Knights of St. Saviour in Aragon ibid. Knights of St. Julian de Pereyro or of Alcantara ibid. Knights of Calatrava in Castile ibid. Knights of Truxillo ibid. Knights of our Lady and of St. George of Montesa in Valencia 127 Knights of St. Mary de Merced in Aragon ibid. Knights of the Rosary in Toledo ibid. Orders of Knighthood in Flanders Knights of the Golden Fleece or Toison d'Or 128 Orders of Knighthood in Portugal Knights d'Avis 129 Knights of the Wing of St. Michael ibid. Knights of St. James 130 Knights of Christ ibid. Orders of Knighthood in France Knights of Iesus Christ 131 Knights of the Passion of Iesus Christ ibid. Knights of the blessed Virgin Mary of Mount-Carmel 132 Knights of St. Michael ibid. Knights of St. Esprit ibid. Knights of the Order of the Genet 133 Knights of the Crown Royal amongst the Frizons ibid. Knights of our Lady of the Star ibid. Knights of the Thistle of Bourbon ibid. Knights of the Porcupine 134 Knights of the Croissant of Anjou ibid. The Order of the Ermyne in Bretagne ibid. Degrees of Knighthood in Italy Knights of St. Mary the Glorious 135 Knights of the Holy Ghost in Saxia at Rome ibid. The Constantinian Angelick Knights of Saint George formerly in Greece 136 Knights of St. Peter at Rome ibid. Knights of St. George at Rome ibid. Knights of St. Paul at Rome ibid. Knights called Pios at Rome ibid. Knights of Loretto ibid. Knights of the Glorious Virgin Mary at Rome 137 Knights of Jesus at Rome ibidâ— Knights de la Calza in Venice ibid. Knights of St. Mark in Venice ibid. Knights of St. George at Genoa ibid. Knights of St. Stephen at Florence 138 Knights of the Knot in Naples ibid. Knights of the Argonauts of St. Nicholas in Naples ibid. Knights of the Ermyne in Naples ibid. Degrees of Knighthood in Savoy Knights of the Annunciation 139 Knights of St. Maurice 140 Knights of St. Maurice and St. Lazarus ibid Knights of the Bear in Switzerland 141 Degrees of Knighthood in Germany Knights of the Tutonick Order of Prusia 142 Knights of St. Jerom 143 Knights of St. George in Austria and Carinthia ibid. Knights of St. Michael the Archangel ibid. Knights of St. Anthony of Hainolt 144 Knights of the Tusin Order in Bohemia ibid. Knights of St. Hubert in Juliers ibid. Knights of the Order of St. James in Holland ibid. Degrees of Knighthood in Swedeland Knights of the Brician Order 145 Knights of Seraphins ibid. Knights of Amarantha ibid. Knights of the Order of the Elephant in Denmark 146 Degrees of Knighthood in Poland Knights of Christ or of the Sword-Bearers in Livonia 147 Knights of the white Eagle ibid. Knights of the Order of the Dragon overthrown in Hungary 148 Knights of the Order of the sword in Cyprus ibid. Knights of St. Anthony in AEthiopia 149 Knights of the Burgundian Cross in Tunis ibid. Knights of the West-Indies 150 Chap. XXV Of Esquiresâ— 151 Chap. XXVI Of Gentlemen 154 The priviledges of the Gentry 156 Chap. XXVII Of Yeomen 158 Chap. I. The second Part of Honour Civil treats of the Priviledges Coat-Armour c. of London and the Cities and chief Towns Corporate in England 161 London its Government Courts c. 162 The Names of the Lord Mayor and Aldermeâ— 164 The Incorporated Companies of Merchants ibid. The chief Companies of London 167 Chap. II. Treats of the Cities and Shire-Towns of England Counties Towns fâ—l Berks Reading 170 Bedfordshire Bedford ibid. Bucks Buckingham ibid. Cambridgshire Cambridge ibid. Cambridgshire Ely ibid. Cheshire Chester 171 Cornwall Launston ibid. Cumberland Carlisle ibid. Derbyshire Derby ibid. Devonshire â—xeter ibid. Devonshire Barnstable ibid. Dorsetshire Dorchester 172 Durham Durham ibid. Essex Colchester ibid. Glocestershire Bristoll ibid. Glocestershire Bristoll Merchants ibid. Glocestershire Glocester 173 Hantshire Winchester ibid. Hantshire Southampton ibid. Hertfordshire Hertford ibid. Herefordshire Hereford ibid. Huntingtonshire Huntington 174 Kent Canterbury ibid. Kent Rochester ibid. Lancashire Lancaster ibid. Leicestershire Leicester ibid. Lincolnshire Lincoln ibid. Lincolnshire Stamforâ— 175 Monmouthshire Monmoutâ— ibid. Norfolk Norwich ibid. Northamptonshire Northampton ibid. Northamptonshire Peterborow ibid. Northumberland Newcastle ibid. Nottinghamshire Nottingham 176 Oxfordshire Oxford ibid. Rutlandshire Oakham ibid. Shropshire Shrewsbury ibid. Somersetshire Bath 177 Somersetshire Wells 177 Staffordshire Litchfield ibid. Staffordshire Stafford ibid. Suffolk Ipswich ibid. Sussex Chichester ibid. Warwickshire Coventrey 178 Westmoreland Apleby 179 Wiltshire Salisbury 181 Worcestershire Worcester ibid. Yorkshire York ibid. Yorkshire Hull ibid. Yorkshire Richmond ibid. A TABLE of the Effigies and Atchievements of the Nobility and Gentry in the Treatise of Honour Civil and Military The Effigies of the Duke of Albemarle fol. 9 The Effigies of the Earls of Carlisle 10 The Effigies of the Earls of Craven ibid. The Effigies of the Lord Bellasis ibid. The Effigies of Bertram Ashburnham ibid. The Effigies of the Lord Chancellor Finch 14 The Effigies of the Earl of Shaftesbury as Lord Chancellor 14 His Majesties Effigies 19 His Majesties Atchievement 19 DUKES The Effigies of the Duke of Buckingham 32 Atchievements numb â—ol D. of Albemarle 6 32 D. of Buckingham 5 32 D. of Grafton 11 32 D. of Monmouth 7 32 D. of Newcastle 8 32 D. of Norfolk 3 32 D. of Richmond 10 32 Prince Rupert 2 32 D. of Somerset 4 32 D. of Southampton 9 32 D. of York 1 32 MARQUISSES Effigies of the Marquiss of Winchester 37 Atchievements   Marquisses of Dorchester 3 37 Marquisses of Winchester 1 37 Marquisses of Worcester 2 37 EARLS Effigies of the Earls of Aylesbury 39 Effigies of the Earls of Burford 39 Atchievements A E. of Airly 77 39 E. of Anglesey 51 39 E. of Arlington 57 39 E. of Aylesbury 55 39 B E. of Banbury 29 39 E. of Bath 52 39 E. of Bedford 7 39 E. of Berkshire 26 39 E. of Brecknock D. of Ormond 47 39 E. of Bridgwater 15 39 E. of Bristoll 21 39 E. of Bullingbrook 23 39 E. of Burford 68 39 E. of Burlington 56 39 C  numb so E. of Cardigan 50 39 E. of Carlisle 53 39 E. of Carnarvan 36 39 E. of Castlemaine 80 39 E. of Chesterfield 38 39 E. of Clare 22 39 E. of Clarendon 48 39 E. of Craven 54 39 D E. of Danby 64 39 E. of Derby 4 39 E. of Denbigh 20 39 E. of Devonshire 19 39 E. of Donegall 76 39 E. of Dorset and Middlesex 12 39 E. of Dover 32 39 E. of Downe 79 39 E. of Droheda 74 39 E E. of Essex 49 39 E. of Exeter 14 39 F E. of Feversham 67 39 E. of Fingall 75 39 G E. of Guilford D. Lotherdale 62 39 H E. of Huntington 6 39 I E. of Incsiquin 73 39 K E. of Kent 3 39 E. of Kildare 78 39 L E. of Langford
That he hath appeared magnanimous in Campaigns Leguers Battels and Seiges by Land in the most furious and dreadful Sea fights in which he hath given life to some Enemies and taken it from others His escaping such Hazards and passing by Domestick Broyls with a Princely Scorn would half perswade a credulous person that he had evaded the time of dying and that for the World 's general good it were decreed he should endure as long as the Sun and Moon to support the Grandure of the Brittish Monarchy in the Person of his Sacred Majesty King Charles the Second and his lawful Successors The Effiges of the Right Noble George late Duke of ALBEMARLE Earle of Torrington Baron Moncke of Potheridgeâ— Beauchamp and Teys Knight of the Noble order of the Garter Lord Leiutenant of Devonshire Captaine Generall of all his Majestyes Land Forces Ioynt Admirall with his Highness Prince Rupert in the last Dutch Warrâ— one of the Lords Comissioners of his Majestys Treasuryâ— one of the Gentlemen of his Bedchamber one of the Lds of his most honble privy Councell c a. Edw. Le Davis sculp Thus in a Victor's Garland oft we see Laurels with Cypress intermixed be But I could lose my self in the Admiration of these Objects were I not again surprized by the late Generous and Noble Exploits of the Heroick Prince Iames Duke oâ— Monmouth whose brave Spirit disdaining to be confined to the ease of a Court life contemning the soft pleasures of Peace seeks out Dangers abroad makes Bellona his Mistress deâ—ies death in his ascent to Honour and thus immortalizes his Name throughout Christendome by his Valour and Conduct at Mastricht in Anno 1673. To affect Glory in Youth is becoming a Royal Birth and to begin with Victory is a happy Omen of Future Success In a long progress of time a Coward may become a Conquerour Some others from mean Adventures passing through gross Errors grow to Experience and in time perform great Exploits But as there are few Rivers Navigable from their first Fountain so are such Men doubtless very rare and singular who have not any need either of growth or years nor are subject either to the Order of Times or Rules of Nature Proceed brave Prince in the path you have so fairly traced out and let the World see your renowned Valour Of a lower Orb we may justly boast of our English Fabius General Monk who so wisely wearied out Lambert by his delays and cajoled the rebellious Rump Parliament He was a Person of great Valour Experience and Prudence whose Loyalty and Conduct hath given him a never dying Fame to be celebrated by the Pens and Tongues of all good Subjects whilst the Name of Britain lasteth His Exploits were truly great his Success in his Conduct renowned with too many Victories to be here inserted Let it suffice to say he was bred a Souldier and after the many risks of Fortune got the Art to mannage that fickle Lady so well that he triumphed over his Foes both in War and Peace acted the part of a good Politician the trusty old Cushai confounding the Counsel of Achitophel to preserve his Royal Master and was the blessed Instrument of his Majestie 's most happy Restauration to his Crown and Dignity and the Kingdom to its pristine Laws and Liberties securing to himself and Posterity that well purchased Title of the most High Potent and Noble Prince George Duke of Albemarle Earl of Torrington Baron Monk of Potheridge Beauchamp and Teys besides which Hereditary Titles he was Knight of the Noble Order of the Garter one of his Majesties most Honourable Privy Council and Captain General of all his Majesties Forces during life an Honour and Office scarce ever before intrusted in the hands of a Subject in times of Peace He lived the darling of his Country dearly beloved of his Majesty and all the Royal Stem and dreadful to our Forreign and Home-bred Foes but laden with Love Honour and Years He yielded up his Life to the Hands of him that gave it and departed in peace the Third Day of Ianuary Anno Dom. 16 69 70. lamented by all good Subjects Post funera Virtus We have many more that by Experience and Conquest are very well known to be eminent Warriers whose Noble Acts were enough to fill large Volumes and whose worthy Atchievements will be recorded in the Histories of that Age for an Encouragement to Posterity the Effigies of some of which I have here lively represented to your View The Effigies of ye. Right honble Charles Earle of CARLISLE Viscount Morpeth Baron Dacres of Gillsland Lord Leiutenant of Cumberland Westmoreland Vice Admirall of ye. Countyes of Northâ—mberland Camberland Westmoreland the Bishoprick of Durham The Towne County of Newcastle Maritin parts There adiacent one of his Matyes most honble priuy Councell c a Abra. Blâ—thing sculp The Effiges of the Right honble William Earle of Craven Viscount Craven of Vffington Baron Craven of Hampsted-Marshall Lord Leiutenant of the County of Middlesex and Borough of Southwarke and one of the Lords of his Majestys most honble privy Councell ca. This Portraiture is in memory of Bertram Ashburnham of Ashburnham in Sussex who in the tyme of King Harold was Warden of the Cinqueports Constable of Dover and Sheriff of the said County and being a person in soe great power at the Landing of William the Congueror King Harold who was then in the North sent him a Letter to raise all the force under his Comand to withstand the Invador And when the King camâ— vp to oppose yâ— Conqueror the said Bertram who had an eminent Comand in the Battle received soe many wounds that soon after he dyed thereof And since which tyme through the mercy of god the Said family in a direct male line have euer since continued at Ashburnham aforesaid and are the present possessors thereof Edw Le Davis Sculp THE SECOND PART OR Honour Civil AND Treateth of the Nobility and Gentry according to the Laws and Customes of England CHAP. I. Of Honour General and Particular HONOUR is the Reward of Vertue as Infamy the Recompence of Vice and he that desireth to mount her footsteps as naturally all men in some degree or other are addicted unto must arrive thereunto by the way of Vertue which was strictly observed by the Romans for Dignities by Birth were not enough to advance them thereunto if they were not endowed with Heroick and Vertuous Qualifications and Honour should be a Testimony of their Excellency therein Some Learned Writers say That Honour consisteth in exterior Signs and Aristotle calleth it Maximum bonorum exteriorum Others say it is a certain Reverence in Testimony of Vertue Honour is of greater esteem than Silver or Gold and ought to be prized above all Earthly Treasure And for the encouragement of Youth to vertuous Atchievements the Romans were no more slack in their Rewards and Badges of Honour than they were in their punishment
of Vice which was most detestable unto them And Marcus Tullius studying to restrain the Vice of Youth by Law ordained eight several punishments which he called Damnum Vincula Verbera Talio Ignominia Exilium Mors Servitus The Ensigns of Honour which the Romans used to beâ—tow in token of Dignity were Chains of Gold gilt Spurs and Launces but principally Crowns of different forms which at first were made of Bays in token of Mirth and Victory but afterwards they were made of Gold The chief Crowns were Military with which their Consuls and chief Commanders in their Triumphs were crowned The next was by them called Corona Muralis and was given to him that was first seen upon the Wall of an Enemies Town and this Crown was wrought with certain Battlements like a Wall and made of Gold Corona Castrensis made of Gold with points like Towers and this was given for a Reward to him that could break the Wall of an Enemy and enter the Town or Castle Corona Navalis made of Gold garnished with Forecastles and given to him that first boarded an Enemies Ship Corona Oleaginea made of Gold given to them that repulsed an Enemy or were Victorious in the Olympian Games Corona Ovalis made of Gold given to them that entred a Town taken with little Resistance or yielded upon Composition Corona Obsidionalis given to a General Leader that had saved his Army in Distress and this Crown was made of the Grass growing where the Army was beseiged Corona Civica made of Oaken Boughs and was given to him that saved a Citizen from the Enemy Corona Haederalis which was given to Poets Corona Populea which was given to young men that were industrious and inclined to Vertue Aristotle makes four kinds of Civil Nobility viz. Divitiarum Generis Virtutis Disciplinae Sir Iohn Ferne defines Civil Nobility to be an Excellency of Dignity and Fame placed in any Kingdom or People through the Vertues there shewed forth to the profit of that Kingdom Which made Diogenes to tearm Nobleness of Blood a Vail of Lewdness a Cloak of Sloth and a Vizard of Cowardise Civil Nobility may be refined into a triple Division first by Blood secondly by Merit and thirdly by Blood and Merit which last without doubt is the most honourable and of greatest esteem For certainly the Honour gained lives in his Family and doth perpetuate his Vertues to Posterity whilst the glory that those by descents of Blood shine in is but the reflection of their Ancestors For all will judge the raiser of a Family more honourable than him that succeeded him not adding to that Honour by any Merit of his own So that it is the best honour the Son can do his deceased Father or Relation to imitate his Vertues If any person be advanced by lawful Commission of his Prince to any Place Dignity or publick Administration be it either Ecclesiastical Military or Civil so that the said Office comprehends in it Dignitatem vel dignitatis titulum he ought to be received into the Degree of Gentility And a Man may be ennobled by Letters Patents from his Prince though he have not the Superiour Titles added and may have a Coat of Arms given him Of Gentry and bearing of Arms. NOah had three Sons who were saved with him in the Ark from the Deluge viz. Sem Cham and Iapheth and between these three he divided the World Sem his eldest Son he made Prince of Asia Cham his second Prince of Affrica and Iapheth his third Prince of Europe Of these three issued divers Emperors and Rulers whereof at this day we have ten Degrees of which Six are called Noble as a Gentleman Esquire Knight Baronet Baron and Viscount and four others are called excellent as an Earl Marquis Duke and Prince There are Nine sundry Callings of Gentlemen 1. The' first is a Gentleman of Ancestry which must needs be a Gentleman of Blood 2. The second is a Gentleman of Blood and not of Ancestry as when he is the second degree descended from the first 3. The third is a Gentleman of Coat Armour and not of Blood as when he weareth the Kings Devise given him by a Herald If he have Issue to the third Descent that Issue is a Gentleman of Blood 4. The fourth also is a Gentleman of Coat Armour and not of Blood as when the King giveth a Lordship to him and his heirs for ever then he may by vertue thereof bear the Coat of the Lord 's making the Herald approving thereof But if any of the Blood of that Lordship be yet remaining he cannot bear the same 5. The fifth is a Christian man that in the Service of God and his Prince kills a Heathen Gentleman he shall bear his Arms of what degree soever a Knight Banneret excepted and use his Atchievement without any difference saving only the word of the same miscreant Gentleman If he also have Issue to the fifth Degree they are Gentiles of Blood Note that no Christian may bear another Christians Coat nor a Pagan a Pagans Coat on the Condition abovesaid But if an English man in the Field when the Banner Royal is displayed do put to flight any Gentleman which is an Enemy to his Prince from his Banner of Arms the English Souldier may honour his own Coat in the Sinister Quarter with the proper Coat of the Gentleman that he so put to flight Also in Challenge of Combat the Victor shall not bear the Coat of the Vanquished yet indeed the Vanquished shall lose his own Coat But if he marry a Gentlewoman of Coat-Armour by the Courtesie of England he may bear hers 6. If the King do make a Yeoman a Knight he is then a Gentleman of Blood 7. The Seventh is when a Yeoman's Son is advanced to Spiritual Dignity he is then a Gentleman but not of Blood but if he be a Doctor of the Civil Law he is then a Gentleman of Blood 8. The Eighth is called a Gentleman untryal as brought up in an Abby and serving in good calling and also is of kind to the Abbots 9. The Ninth is called a Gentleman Apocrifate such a one as serving the Prince as a Page groweth by diligence of Service to be Steward or Clerk of the Kitchin and is without Badge of his own except when the Prince by the Herald endoweth him with some Conisance c. Aristotle in his Politicks reciteth four kinds of Nobility that is Nobleness of Riches Nobleness of Lineage Nobleness of Vertue and Nobleness of Science amongst which those of Vertue and Lineage are of chief estimation being such from whence the others do proceed As some write Nobility began to be advanced shortly after Noah's Flood For when possessions were given by the consent of the people who had all things in common and were of equal degree they gave them to such whom they admired for their Vertues and from whom they received a common benefit The Law of Arms which is chiefly directed by the
to the Crown of England shall bear his Coronet of Crosses and Flower de lis with one Arch and in the midst a Ball and Cross as hath the Royal Diadem That his Royal Highness the Duke of York and all the immediate Sons and Brothers of the Kings of England shall use and bear their Coronets composed of Crosses and Flower de lis only But all their Sons respectively having the Title of Dukes shall bear and use their Coronets composed of Leaves only as the Coronets of Dukes not being of the Royal Blood Note That by Order not Creation our present King was admitted Prince of Wales had the Principality with the Earldom of Chester c. confirmed to him by Patent and was allowed to hold his Court apart from the Kings The Prince by the Common Law is reputed as the same Person with the King and so declared by Statute temp Hen. 8. The Civilians say the King 's eldest Son during his Fathers life may be styled King by the Law of Nations because of his so near Relation to the Crown that if the Father die he is ipso momento Rex though he be not crowned A usual custome in Spain and once allowed here to Henry Son of King Henry the Second yet he holdeth his Seigniories and Principalities of the King as Subject to him and giveth the same respect to him as other Subjects do He hath certain priviledges above other persons To him it was permitted by the Statute 24 Hen. 8. cap. 13. to wear Silk of the colour of Purple and cloth of Gold of Tissue in his Apparel or upon his Horse And by the Statute 24 Ed. 3. ca. 2. Takings shall not be from henceforth made by others than the Purveyors of the King of the Queen and of the Prince their eldest Son And that if any mans Purveyor make such takings it shall be done of them as of those that do without Warrant and the Deed adjudged as a thing done against the Peace and the Law of the Land and such as do not in manner aforesaid shall be duly punished To eschew Maintenance and nourish Peace and Amity in all parts of the Realm many Statutes have been made in the Reign of King Henry the Fourth prohibiting the giving of Signs or Liveries to any but Menials nevertheless by the Statute 2 Hen. 4. cap. 21. it is provided that the Prince may give his honourable Liveries or Sign to the Lords or to his Menial Gentlemen and that the same Lords may wear the same as if they were the King's Liveries and that the Menials of the Prince may also wear the same as the King's Menials But afterwards by occasion of divers other Statutes made by sundry Kings for the suppressing oâ— that enormity of Maintenance and of the general word in them that priviledge of the Prince was abridged or rather taken away therefore the Statute 12 Ed. 4. cap. 4. was made By the Statute 21 H. 8. cap. 13. the Prince may retain as many Chaplains as he pleaseth although all other of the Nobility except those of the Blood Royal are constrained to a certain number and they or any of them may purchase Licence and Dispensation and take and retain two Parsonages or Benefices with Cure of Souls By the Order of the Common Law the King may Levy a reasonable Ayd of all his Tenants as well of those that did hold their Lands of him by Knights Service as in Soccage pur faire fitz Chevalier pur File marrier and the sum of Money was not in certainty Note that the Ayd is not to be recovered before the Son be of the Age of Fifteen years and the Daughter accomplish the Age of Seven years Fitz. Natur. B. 28.6 But in the King's pleasure till by the Statute in the 25 Ed. 3. cap. 11. it was Enacted That for the Knighting his eldest Son and marrying his eldest Daughter as aforesaid the Ayd following shall be demanded and levied viz. of every Knight so holden of the King without mean 20 s. and no more and of every 20. l. of Land holden of the King without mean in Soccage 20 s. and no more And so after this rate for the Lands in Soccage and for Land in Tenure of Chivalry according to the quantity of the Fee By another Statute made in the said 25 th of Edward the Third cap. 2. amongst other things it is declared That to compass or imagine the death of the King 's eldest Son and Heir is Crimen laesae Majestatis or if a man do violate the Wife of the King 's eldest Son and Heir it is High Treason And so the Statute 26 Hen. 8. cap. 13. doth declate And so was the ancient Common Law of this Realm and not a new Law made by the Statute Coke 8. part 28. b. but this Statute is a Manifestation and Application of the ancient Common Law in this Case Because the people were in ambiguity Whether Children born in parts beyond the Sea and out of the King's Dominions should be able to demand any Inheritance within his said Dominions or not It was declared at a Parliament holden at Westminster in the Seventeenth of King Iames for the removing of those doubts That les Enfants du Roy the Children of the Kings of England in whatsoever parts they are born in are able and ought to bear the Inheritance after the death of their Ancestors Read the Statute in Coke's Seventh Part 8. a. where you shall see that though generally the Birth-place is observed yet many times Legiance and Obedience without any place in the King's Dominions may make a Subject born For we see by Experience almost in every Parliament that Ambassadors Merchants and the King's Souldiers do sue therein in such Cases to have their Children Naturalized or made Denisons And in the Articles confirmed by Parliament touching the Marriage between Philip King of Spain and Queen Mary Anno primo Parliamenti 2. cap. 2. a special Proviso was to bar him from being Tenant by the Courtesie of the Crown in case he should have Issue by her and survive which was superfluous because the Common Law would have denied it For this last point see the Lord Chancellor's Speech in the Case Postnati f. 36. But note If an Alien Enemy come into this Realm and his Wife English or Stanger be here delivered of a Child this Child notwithstanding his Birth-place is an Alien born for want of Allegiance in the Parents ibid. King Henry the Third did create Edward his eldest Son the first Prine of Wales and did give unto him the Dominion and Dignity thereof to be holden of him and his Heirs Kings of England And after that time the eldest Sons of the Kings of England have been Princes of Wales and as incident to the State and Dignity of a Prince did and might make Laws and Statutes and use Jurisdiction and Authority as amply as any King of that Nation could do for Wales was a Kingdom in ancient
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
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
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
in any Action or otherwise in which case any other Subject of what degree soever shall be amerced for in that case the Queen shall participate of the King's Prerogative But the Queen shall not in all cases have the same prerogative as the King as for Example Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no Title by order of Law so to do contrary to the Opinion of some ancient Books as you may see Stamford's Prerogative Case 19. But no such Suit shall be made to the Queen but Actions as against other Lieges of the King according as the Case shall require For by the same Reason that the Queen may be Plaintiff or Demandant in Actions without the King by the same Reason she shall be Defendant without the part taking of such Prerogatives as do appertain to the King Against the King by his Prerogative nullum tempus occurrit but it is not so with the Queen 18 Edw. 3. 2. a. And plenarily by six months is a good Plea in a Quare Impedit brought by Philip Regina Anglia ibidem fol. 1. 13. b. Stamford's Prerogative Case 18. prope finem In the 22 Edw. 3. 6. it is thus to be read Note that a Protection was sued forth against the Queen in a Writ which she brought and it was allowed though she be a person exempt Nevertheless by this short Case following may be observed That the Justices do not easily suffer any proceedings in Law against the Queen Wife or Widow but will hold with their Immunities so much as by Law they may A Writ of Dower was brought against Isabel Queen of England and Mother to the then King and the Court said to the Plaintiff The Queen is a person of Dignity and Excellency and we are of Opinion that she shall not answer to the Writ but that she should be sued unto by Petition And thereupon the Demandant dixit gratis and she prayed the Court to grant a Continuance of Action until another day so that in the mean time she might speak with the Queen But the Court would not agree to make a Continuance but said That upon her request they might give day prae re pertin and so it was done for the Queen's Counsel would not agree to a Continuance for thereby the Queen shall be accepted as answerable Neither do I suppose that I have digressed from any former purpose for making mention in those Cases concerning the Queen Consort For notwithstanding the intermarriage with the Sovereign King yet she is no other than a King 's Subject whether she be of a Foreign Nation or a Native born and though she be by the favour of the King solemnly crowned Queen yet that is but a Royal Ceremony and no essential Exception whereby she may not from henceforth be accounted in the rank of Noble Women And this hath been proved by the effect in the Reign of King Henry the Sixth when some of the Wives crowned Queens have been Arraigned of High Treason and therefore put to Trial by the Nobles of the Realm as her Peers The Wife of the King 's eldest Son hath also some Prerogatives in regard of the Excellency of her Husband which the Wives of other Noblemen have not For by the Statute of the Thrteenth of Edward the Third it is High Treason to violate the Wife of the King 's eldest Son and Heir Dutchesses and Countesses have special Honours appertaining to their Estates as Kneeling Tasting c. which things are more appertaining properly to the Heralds than to be here treated of Ladies in Reputation THE Wife or Widow of the Son and Heir of a Duke or Earl in the life time of his Father is a Lady by Courtesie of Speech and Honour and taketh place according as in ancient time hath been permitted by the Sovereign Prince and allowance of the Heralds but in legal proceedings they are not Priviledged nor to be named according to such Names of Dignity But the King may at his pleasure create such Men in the life of their Ancestors unto degrees of Lord's of his Parliament and then the Law is otherwise If a Noble Woman of Spain come into this Realm by safe Conduct or otherwise though in the Letters of safe Conduct by the King she be styled by such her Sovereign Title yet in the King's Courts of Justice she shall not be named by such Title though in common Speech she is styled a Lady An English Woman born doth taken to her Husband a French or Spanish Duke though he be made a Denizen yet she shall not bear his Title of Dignity in Legal Proceedings A German Woman is married to a Peer of the Realm and unless she be made a Denizen she cannot lawfully claim the Priviledges or Titles of her Husband no more than she can to have Dower or Joynture from him An English Woman doth take to her Husband an Irish Earl or if a Lord of Scotland though he be a Postnatus take an English Woman to his Wife their Wives shall not participate of their Husbands Titles of Dignity But if the King do create one of his Subjects of Scotland or Ireland a Peer of this Realm then shall he and his Wife enjoy all the Priviledges of a Nobleman But if an English man by the Emperor be made an Earl of the Empire his Wife shall not bear that Title of Honour All the Daughters of Dukes Marquisses and Earls are by the ancient Custome of the Realm styled Ladies and have precedency according to the Degrees of their Parents And of this Custome the Laws do take notice and give allowance for Honour and Decency But nevertheless in the King's Courts of Justice they bear not those Titles of Honour no more than the Sons of such Noble persons may do So in this point the Law is one way and the Honour and Courtesie of Ladies another And as a Civilian in like Case saith Aliud est jus aliud privilegium nevertheless the Books of our Law do make mention thereof and allow of it as a Courtesie though not as a Law Thus much of Women If I have been too large upon this Subject I crave their pardons and if too short I wish I had been more large for their Honour Yet let them compare their Conditions with that of their Neighbouring Nations and 't is believed they have reason to judge themselves the happiest Women in the World but Nemo sua sorte contentus None truly value what they do possess Birth Beauty Titles Riches in excess Are all a Plague if ought else we desire The loss of that makes all our joys on fire The Right Noble Frances Stewart dutchess dowager of Richmond and Lenox ◠a. The Rt. honble Ann Stuart Baroness of Castle Stuart in ye. Kingdome of Ireland Relict of the Rt. honble Iosias Baron of Castle Stuart and Daughter of Iohn Maddē of Rousky Castle in ye. County of
by Statute to make Offerings Also besides these Robes and Ornaments appointed by the Founder it was ordered by K. Charles the first That all Knights should ordinarily wear upon their Cloaks or Coats on the left side a Star of Silver imbroidery with the Escocheon of St. George within the Garter c. in the Center of it But the Habit doth more lively appear by the Pourtraiture representing the Habit of the said Order In some of these Habiliments these Knights are attired in publick as the diversity of the occasion requireth but always in their stateliest Robes and richest Collars when the Solemnities of the Order are to be performed that is the celebrating of St. George's Feast and in the Act of their Installations in the Free Chappel of St. George built within the verge and limits of the Castle at the Foundation whereof was appointed a Dean Prebends and poor Gentlemen established to be maintained with Stipends by the Name of Knights or poor Knights of Windsor who have provided for them Robes of Cloth according to them of their Order who are to pray for the Order Concerning the Ceremony of the Installation you are to know that every Knight is bound to fasten an Escocheon of their Arms on a plate of Metal on their several Stalls with an Inscription of their Names Titles and Honour which they remove as they are advanced in order higher And in this order they also advance their Banners Swords and Helmets which are continually over their Stalls during their being of that Order that plate of their Arms being left unto the Stall in which they last sate the Hatchment taken down to make room for such as succeed unto the deceased or higher removed Knights touching which they are placed according to the Seniority of their Creations and not according to their Dignities and Titles of Honour so that sometimes a Knight Batchelor hath place before an Earl or Duke as not long since Sir Henry Lea Knight Keeper of the Armory had precedency of the Duke of Lenox besides Earls and Barons only in honour to Strangers who are Sovereign Princes or Sons or Brothers to such it is permitted by the Rule of Order that they take place according to the quality of these persons but this by a late Indulgence Anciently if a King crowned came in place of a Knight Batchelor he sate there without any difference but this alteration was made as 't is supposed by King Henry the Seventh in reference to Foreign Princes the rest continue in their Stalls where first seated so that the Sovereign reserved to themselves the power once in their Lives so saith the Statute to make a general translation of all the Stalls except of Emperors and Foreign Princes which order continues to this day Much may be said in honour of this Noble Order but it being so well and accurately treated of by that great Antiquary Elias Ashmole Esq in a large Volume in Folio lately published by him entituled The Institution Laws and Ceremonies of the most Noble Order of the Garter that nothing more can be said thereof which he hath illustrated with great variety of useful ornamental Sculptures I shall therefore conclude by setting down the Heads of the several Chapters and Sections by him so learnedly treated of recommending to the Reader the said Volume as a Work fit to adorn and enrich the Libraries of the most Curious The first Chapter treats of Knighthoood in general which is divided into ten Sections Chap. II. Of the Religious Orders of Knighthood in Christendome divided into five Sections Chap. III. Of Military Orders of Knighthood in three Sections Chap. IV. Treats of the Castle Chappel and Colledge of Windsor in eight Sections 1. Of the Castle 2. Of the Chappel 3. The Foundation of the Colledge 4. Of the Dean Canons Clerks and Choristers 5. Of the Poor Knights 6. Of other Officers of the Colledge 7. Of the Endowment of the Colledge And 8. of the Priviledges of the Chappel and Colledge Chap. 5. Treats of the Institution of the Order in five Sections 1. The Opinions concerning the occasion of its Institution 2. The true Cause inserted 3. The Time of its Institution 4. Of the Patrons of the Order And 5. the Honour and Reputation thereof Chap. VI. Treats of the Statutes and Annals of the Order in four Sections 1. Of the Statutes and Institutions 2. Of those other bodies of Statutes since established 3. The endeavours for the reforming the Statutes since King Henry the Eighth And 4. of the Annals of the Order Chap. VII Treats of the Habit and Ensigns of the Order in ten Sections 1. Of the Garter 2. Of the Mantle 3. Of the Surcoat 4. Of the Cap and Hood 5. The Robes anciently assigned to the Queen and great Ladies 6. The Collar in general 7. The Collar of the Order 8. The Collar of SS 9. The lesser George And 10. when the Habits in whole or in part ought to be worn Chap. VIII Treats of the Officers appointed for the Service of the Order in seven Sections 1. The Prelat's Institution his Oath Robe and Priviledges 2. The Institution of the Chancellor's Office with his Oath Badge and Pension 3. The Register's Institution with his Oath Mantle Badge c. 4. Garter's Institution with his Oath Mantle c. 5. The Institution of the Black Rod's Office with his Oath Habit c. 6. The payment of the Officers Pensions upon the new Establishment And 7. the Execution of these Offices by Deputies Chap. IX Treats of the Election of a Knight into this Order in eighteen Sections 1. Of Summons to the Election 2. The place of the Assembly 3. The number of the Knights 4. The Dispensation for want of a full number 5. Of opening the Chapter 6. That Knights only present in Chapter ought to nominate 7. Of the number qualifications and degrees of those persons to be nominated 8. Of the Scrutiny and by whom it ought to be taken 9. The time when 10. The Order and Manner of it 11. The presentation of it to the Sovereign 12. His considerations referring to the qualifications of the person to be elected 13. Of other inducements for Election 14. The Sovereign only Electeth 15. The Scrutiny ought not to be entred amongst the Annals 16. The Scrutiny ought not to be viewed until it be entred 17. Of Scrutinies taken yet no Election made And 18. the penalties inflicted on Knights Companions who appear not at the Election Chap. X. Treats of the Investure of a Knight-Subject with the Garter and George in six Sections 1. The notice given to a Knight-Subject of his Election 2. His reception into the Chapter-house 3. The Ceremonies of Investiture with the Garter and George 4. Of sending the Garter and George to an elect Knight-Subject 5. The manner of a Knight's Investiture And 6. the Allowances and Rewards given to Garter King at Arms for his Service in this Employment Chap. XI Of the preparations for the
A. 1351. they came to an Agreement and shortly after with the consent of Pope Clement the Sixth the Queen and Lewis Prince of Tarentum were crowned King and Queen of that Kingdom And in commemoration of so happy a Union the Prince instituted this Order into which were enrolled Seventy of the noblest Lords in Naples together with some Strangers Their Habit appointed them was a white Garment and their Ensign was a Knot intermixed with Gold But this Order expired soon after the death of the Founder Knights of the Argonauts of St. Nicholas in Naples THIS Order was instituted in Anno 1382. by Charles the Third King of Naples for the advancement of Navigation which was much wanting amongst the Neopolitans but others say it was erected for the preserving of Amity amongst the Nobles who were the Persons that were inveâ—â—ed with the said Honour Their Ensign appointed them by the said King was a Ship toâ—â—ed in a Storm with this Motto Non credo tempori Their Habit was a white Garment and their great Feast was held in the Convent of that stately Church built by St. Nicholas Bishop of Smyrna But by reason of the King 's not settling a Revenue thereon upon his death it became disused Knights of the Ermyn in Naples FErdinand the First King of Naples having ended the War which he had against Iohn of Lorain Duke of Calabria his Brother in Law Marinus Marcianus Duke of Sessa and Prince of Rosiano had raised a Confederacy against him and intended to kill him when they were together by which means the Kingdom might be transferred to the Duke of Calabria But this Plot being discovered and the Duke apprehended instead of causing him to be executed the King elected him one of this Order and also admitted thereunto all the Nobles of his Kingdom The Collar with which they were invested was of Gold intermixed with mud or dirt to which hung an Ermyn with this Motto Malo mori quam foedari DEGREES OF KNIGHTHOOD IN SAVOY Knights of the Annunciation THIS Order was instituted in the Year 1362. by Amedeo the Sixth Earl of Savoy Surnamed Il Verde in memory of Amedeo the first Earl thereof who having valorously defended the Isle of Rhodes against the Turks won those Arms which are now born by the Dukes of Savoy viz. Gules a Cross Argent The Collar belonging to this Order is of Gold on which are these Letters Engraven F. E. R. T. which signifie Fortitudo ejus Rhodum tenuit and to this Collar hangeth a Tablet wherein is the figure of the Annunciation which is their daily Badge which they wear about their Shoulders This Order at first consisted of Fifteen of which the Founder was the Sovereign which number was afterwards enlarged The Church where the Ceremonies were observed and the Chapters held by the Sovereign and the Knights was first at Pierre Chastle which afterwards removed to Montmeillar and thence to the Hermitage of Camaldule seated upon the Mountain of of Turin Their Habit is now a purple Mantle seeded with Roses and Flames in embroidery of Gold and Silver bordered with the Symbols of the Order fringed with Gold and lined with Cloth of Silver and tissued blew under which instead of a Surcoat is worn a white Satin Suit embroidered with Silk and the Breeches like Trouses half way their Thighs In the said Church were entertained Fifteen Priests who were to say Fifteen Masses daily to the honour of the fifteen Joyes of the blessed Virgin to the Souls health of him his Predecessors and all who have been were or should hereafter be Knights of this Order Amongst the Orders by them observed every Knight at his death was to give to the maintenance of the Church One hundred Florins which was to be paid to the Prior for the time being That at the death of any of the Knights the rest should assemble themselves to bury the dead in an honourable order and every Knight to wear a white Gown and so make his Offering each bringing with him four Wax Torches weighing One hundred pound and afterwards for Nine days to apparel themselves in mourning And that every Knight at his burial should give unto the Church a Collar a Banner his Armour and Coat of Arms all which to be offered at the day of Entertainment at the Church in memory of the deceased Knights of St. Maurice AMadis the eighth Duke of Savoy with ten of his Court Knights retired themselves to the Desart of Ripaille near the Lake of Geneva where they led a Solitary and Hermetical Life And in the Year 1434. as well to honour St. Maurice the titular Saint and Patron of Savoy as of his Launce or Sword and Ring which as a Pledge of Dominion are delivered to them with great Solemnity at their Inauguration This Order was instituted and was made subject to the Rule of St. Augustine The Habit assigned them was an Ash-colour or grey Gown and Chaperon with Sleeves faced with red Chamlet also a Vest of the same girded about them with a golden Girdle and on the Breast of the Mantle a white Cross pommette of Cloth or Taffaty About Nine years after the Papal See being void by the Deposition of Pope Eugenius the Fourth this Duke for his devout Life was elected Pope â— which with much perswasions he accepted of But he had not been in it above Nine years but he resigned the Chair to Pope Nicholas the Fourth and retired again to a Solitary Life at Ripaille where he ended his days in Anno 1451. and was interred in the Cathedral of Lausanna Knights of St. Maurice and St. Lazarus THese two Orders were erected by Emanuel Philibert Duke of Savoy in Anno 1572. and at the request of the said Duke were confirmed and united into one Order by Pope Gregory the Thirteenth who constituted the said Duke and his Successors Dukes of Savoy Grand Masters thereof obliging them to set out two Gallies for the Service of the Papal See against the Turkish Pirats Their Ensign is a green Cross of St. Lazarus charged with a white Cross of St. Maurice which they wear either tied to a gold Chain or a Ribon Their Habit is a Gown of crimson Tabby with a long Train wide Sleeves and edged about with white Taffaty and a Cordon with a Tassel of white and green fixt to the Collar thereof A DEGREE OF KNIGHTHOOD IN SWITZERLAND CALLED Knights of the Bear THE Emperor Frederick the Second going in Pilgrimage to the Abbey of St. Gall in Anno 1213. gave great Priviledges in acknowledgment of their Assistance in pulling down the Emperor Otho and establishing himself and erected this Order of Knighthood which he conferred on several Noblemen which Annually met at the Abbey of St. Gall on the Sixteenth of October where all new Knights were to receive the Order from the Abbot the Patron thereof on which day such as were to be admitted into the Fraternity were girded with a Military Belt the Sword being
first consecrated at the Altar and adorned with the Collar of the Order But this Order took the Title of the Bear in memory of St. Vrsus of the Theban Legion who was martyred before the Temple of the Sun at Soleurre in Switzerland Unto this Order the Founder gave a Collar and a Chain of Gold to which hung the figure of a golden Bear mounted on an Hillock enameled with black But when this Country became a Common-wealth this Order was laid aside DEGREES OF KNIGHTHOOD IN GERMANY Knights of the Tutonick Order of Prusia THE first Institutor of this Order was a wealthy Gentleman of Germany who dwelt at Ierusalem after it was taken by the Christians together with divers other men of his Country and being exceeding rich kept an hospitable House relieving all Passengers and Pilgrims that travelled to Ierusalem insomuch that his House became as it were an Hospital At length he built near unto his House a fair Church which he dedicated to our Lady and many Christians resorting thither as well out of Devotion as to visit the Sick they resolved to erect a Frâ—ternity and having chosen a Great Master for their Governor which was about the Year of our Lord 1190. they imitated the Knights Templars in their Military Employments and the Knights Hospitallers in their Acts of Piety and Charity and instituted several Orders to be observed amongst them being much the same with those of the Knights Hospitallers and Templars which were afterwards confirmed by Pope Celestine the Third But their Habit was a white Mantle and on the Breast thereof for their Ensign they wore a black Cross voided with a Cross Potence The Holy Land being retaken from the Christians by the Sarazens these Knights returned into Germany where they had not continued long ere they went to the Emperor Frederick the Second and acquainted him that the people of Prusia who were barbarous Idolaters used Incursions upon the Confines of Saxony and besought the Emperor's leave to make War upon them at their own Charges but with this Condition that whatsoever they took should be theirs for the maintenance of the said Order which request being so reasonable was immediately granted them and conâ—irmed under his Scal And being thus encouraged forthwith took up Arms in which they were so fortunate that in a short time they not only subdued all that Province but also passed the River Vistula and conquered other people who became their Tributaries and received the Christian Faith These Knights thus increasing in Riches and Territories they built divers Churches and Cathedral Temples where resided Bishops who were enjoyned to wear the Habit of the Order And near unto the River Vistula was a great Oak where in Anno 1340. they built the first Casâ—â—â— and Town which afterwards took the Name of Mareenburgh or Burgo 〈◊〉 St. Maria where is now the chief Châ—rch belonging to this Order to which belongeth so great Riches that these Knights for Men and Money might compare with divers Princes But about the Year 1525. Albertus Brandenburgh being Great Master he renounced this Order and became feudatory to Sigismond the First King of Poland who raised Prusia into a Dukedom and this Albert was made first Duke thereof But some of the Knights did afterwards elect a new Great Master and settled in Germany but the Order is now of small lustre Knights of St. Gereom THIS Order received its first Institution by Frederick Barborossa the Emperor which consisted only of German Gentlemen Their Habit was a white Gown whereon they wore a black Patriarchal Cross set on a green Hillock and they followed the Rule of St. Augustine Knights of St. George in Austria and Carinthia THIS Order was erected in Anno 1470. by Frederick the Third Emperor of Germany principally for the guarding the Frontiers of Germany Austria Carinthia Stiria and Hungary against the Incursions of the Turks who before much harassed these parts But since the Institution of these Knights they have received great checks Their Ensign is St. George's Cross which they wear on their Garment which is white They profess Conjugal Chastity and Obedience to their Great Master whose Seat and Residence was the Castle of Mildstad in the Dukedom of Carinthia where there was founded a Cathedral Church of Canons under the Rule of St. Augustine and for their Protector they have or had the Emperors Knights of St. Michael the Arch-Angel THIS Order was instituted in Anno 1618. by Charles Gonzaga Duke of Mantua and Nevers together with the contrivance of his Brother Adolph Count of Altham and Iohn Baptist Petrignan Sfortia chiefly to establish peace and concord between Christian Princes and their Subjects and to relate and redeem Captives The year following this Order was received at Vienna by sundry Princes of divers Countries and in Anno 1624. it was confirmed by Pope Vrban the Eighth Their Habit was a white Mantle over which they wore a shorter of blew Silk with Buskins also of blew and a black silk Cap About their Necks on a blew Ribon hung a gold Cross of eight points enameled blew on the one side thereof was the figure of the Virgin Mary with our Saviour in her Arms and on the other the figure of St. Michael treading the Dragon under his Feet And on the left side of their white Mantles was a Cross embroidered with blew Silk and Gold in the midst whereof was the figure of the blessed Virgin with Christ in her left Arm and a Scepter in her right hand crowned with twelve Stars surrounded with Rayes of the Sun and a Crescent under her feet all which was encircled with the Cord of St. Francis and the four Angles of the Cross cast forth each of them a golden Flame But some differences arising amongst the Founders of this Order was the cause of its so sudden dissolution Knights of St. Anthony in Hainolt THIS Order was instituted in Anno 1382. by Albert of Bavaria Earl of Hainolt Zealand and Holland upon his Expedition against the Turks and Moors Their Ensign was a golden Collar after the fashion of a Hermit's Girdle to which hung a walking Staff and a little golden Bell. Knights of the Tusin Order in Bohemia or Austria THIS Order as 't is said was instituted by the Arch-Dukes of Austria for the engaging their Subjects to expel the Turks and Hereticks out of their Territories which for about Two hundred years had there seated themselves which cost the Dukes an excessive Charge to maintain a War against them and to no great purpose But these Knights having by Grant for their support what they gained from them gave them so great Encouragement that in a few years the whole Province was almost cleared of them by them Their Habit was a red and their Ensign was a plain green Cross. Knights of St. Hubert in Gulick or Juliers THIS Order was instituted in Anno 1473. by Gerard Duke of Gulick and Berg or Iuliers and Mount in honour of St. Hubert
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