8E fl. p. pL A HISTORY OF THE BARONETAGE BY FRANCIS W. PIXLEY LONDON T)UCKlVO'I{TH ^ND COMTA^NJ 1900 r^ c A eAll Rights Reser-ved Edinburgh : T. and A. Constable, Printers to Her Majesty TO SIR CHARLES H. STUART RICH FOURTH BARONET OF SHIRLEY, F.S.A. FOUNDER OF THE HONOURABLE SOCIETY OF THE BARONETAGE THIS WORK, AS A TOKEN OF OUR CLOSE FRIENDSHIP OF TWENTY-FIVE YEARS IS AFFECTIONATELY DEDICATED 260811 PREFACE Although close upon three centuries have elapsed since the erection of the degree of Baronet by King James i. of England and vi. of Scotland, yet, so far as I have been able to ascertain, no history of this hereditary dignity has ever been attempted. To endeavour to supply this deficiency in literature is consequently a task of considerable difficulty, accompanied by many misgivings. A writer undertaking a history of the Peerage could begin by surrounding himself with works innumerable, from each of which he could cull something wherewith to enrich his own, but to break fresh ground requires more research ; and when his work is completed, the author has the uneasy feeling that there is concealed in many unknown localities much information which he would like to have included in his history, as being essential to its completeness, had he only been aware of its existence. I have, however, done my best to gather together from various sources the hitherto disconnected documents which form the history of the sixth hereditary degree of the higher nobility of the United Kingdom of Great Britain and Ireland ; and I can only claim that however incomplete viii A HISTORY OF THE BARONETAGE my work may be, it will be the means of presenting many documents printed for the first time. I also hope that it will cause many erroneous ideas in connection with the Baronetage to disappear for ever. Amongst these may be mentioned the idea that the Baronetcies first created by King James i. were sold to persons of no social standing for the purpose of providing funds for the King's private expenditure ; the extraordinary error, which has been perpetrated even by Kings of Arms and Heralds, that the Baronetage is an ' Order,' whereas it is a Degree of Dignity Hereditary ; also, that ' Bart.,' the popular nickname for a member of the Football Club of a well-known Metropolitan medical hospital, is a proper abbreviation of the word Baronet. I must express my deep thanks to many Baronets who have given me assistance in my work ; also to Sir Arthur Vicars, C.V.O., F.S.A., Ulster King of Arms, and Sir John Balfour Paul, F.S.A. (Scot.), Lyon King of Arms, for their courteous replies to many inquiries ; to Captain Francis Fletcher- Vane for the copy of the grant to Sir Ralph Fane (or Vane), together with its translation ; to the Rev. R. E. Cole of Doddington Rectory, Lincoln, for the document which enabled me to give an example of the fees paid on the creation of a Baronet ; to Mr. Frederick P. Pelham for the loan of many interesting documents in connection with the ' Committee of the Baronetage for PREFACE IX Privileges,' originated by his relative, the late Richard Broun; to many courteous officials of the Reading Room of the British Museum, of the Public Record Office, and of the Guildhall Library ; and, above all, to Lady Shuckburgh for her great kindness in allowing me to examine the documents at Shuckburgh Hall handed to the late Sir Francis Shuck- burgh, Baronet, who was the Treasurer of the ' Committee of the Baronetage for Privileges.' It was, however, with great regret that I discovered that the minute-book of the Committee was not amongst these papers, and all efforts to trace its whereabouts have been in vain. By means, however, of reports, circulars, etc., issued by this Committee, I have been enabled to give an account of its proceedings, and can only regret that, owing to the absence of the minute-book, I have been unable to make it more complete. FRANCIS W. PIXLEY. London, 1st May 1900. CONTENTS CHAPTER I THE ERECTION OF THE DEGREE PAGES Baronetcies in the reigns of Edward ii. and Edward in, — Ex- tinction of the same — Revival of the Degree in i6i i — Distinction between Baronet and Banneret — Creation of a Knight Banneret — Grant to Sir Ralph Fane — Difference between Nobiles Majores and Nobiles Minores — Reason for the erection of the Degree — Disaffection in the pro- vince of Ulster — High social position of the early Baronets, ..,..., 1-23 CHAPTER II THE CREATION OF A BARONET Five classes or creations — Number of Baronets at first limited to two hundred — Memorandum and warrant issued prior to Letters Patent — Form of Patent of Baronets of England in Latin — Later Patent in English — Form of present Patent — Early form of Patent of Baronets of Ireland in Latin — Later form of Patent of Baronets of Ireland in English — Form of Patent of Baronets of Scotland and Nova Scotia — Examples of Baronetcies with special re- mainders — Ladies created Baronetesses — Commission of James i. touching the creation of Baronets — Instructions affixed thereto — Commission to the Privy Council for taking the oath of Baronets — Form of the Bond — Fees payable by the early Baronets — Warrant appointing officer to receive Baronets' fees, . . . . .24-107 xii A HISTORY OF THE BARONETAGE CHAPTER III EARLY HISTORY OF THE BARONETAGES OF ENGLAND AND OF IRELAND PAGES Memorandum in British Museum relating to revocation of the Degree of Baronet — Dispute between Baronets and the younger sons of Viscounts and Barons — Royal Decree, 28th May 161 2, settling this dispute — Commission to the Lord Chancellor to treat with Baronets — Final Decree of James i. relating to the Baronetage — The case of Sir Thomas Harris, Baronet, ..... 108-140 CHAPTER IV EARLY HISTORY OF THE BARONETAGE OF SCOTLAND AND NOVA SCOTIA Colonisation of Newfoundland — Charter to Sir William Alex- ander and Sir Robert Gordon — Creation of Baronets of Nova Scotia for purposes of colonisation — Letters from James i. to the Privy Council of Scotland — Proclamation at Edinburgh — Death of James the First — Adoption of the Scheme by Charles i. — Creation of Sir Robert Gordon first Baronet of Scotland — Abstract of Royal Charter granting the territory in Nova Scotia to the Baronets — Letters of Charles i. to the Privy Council in Scotland — Royal Proclamations — Confirmation of Charters of James i. and Charles i. by Parliament of Scotland — Confirmation of Charter by William III., ..... 141-187 CHAPTER V THE PRIVILEGES OF THE DEGREE List of the twenty-one covenanted Privileges conferred on the Baronetage — Consideration in detail of these Privileges — Reports of the College of Arms, .... 188-246 CONTENTS xiii CHAPTER VI LATER HISTORY OF THE BARONETAGE PAGES Royal Warrant of 6th December 1783 — General Meeting of Baronets to consider same — Their protest against the Warrant — Suspension of part of the Warrant — Notes of the Badge suggested for the Ulster Baronets — Letter of Henry Rich, Earl of Holland, to the Officers of Arms — Reply of the Officers — General Meeting of the Baronetage — Peti- tions to William iv. — Report of the College of Arms — Petition to Queen Victoria — Formation of the Committee of the Baronetage for Privileges — Short account of its history — Later history of the Baronetage of Scotland — Royal Warrant relating to precedence of Children of Life Peers, ....... 247-318 APPENDIX Correspondence in newspapers referring to the Royal Warrant, etc., ...... 319-328 A HISTORY OF THE BARONETAGE CHAPTER I THE ERECTION OF THE DEGREE The Baronetage as now existing dates from the 22nd May 161 1, when the first Patents were granted by King James i. on the erection of this degree. The dignity is evidently of older date, as Sir Thomas de la More, who belonged to the Court of Edward 11., when describing the battle of Barrenberg, fought in 1321, wrote, ' Capitur in campo comes Lancastrias, Barones et Baronetti commilitones ejus et milites circa 95, reliquis fuga servatis ' ; and in the thirteenth year of the reign of Edward in. that monarch by Letters Patent conferred the dignity of a Baronet on William de la Pole and his heirs in return for a sum of money, of which the King was greatly in need for military purposes. Other Baronetcies were similarly created, and they were for some time numerous, particularly in Ireland ; but with the exception of a few cases in Ireland, the dignity had not been regularly hereditary, and long before the reign of James i. it had become practically unknown. It is believed that the discovery of William de la Pole's patent by Sir Robert Cotton was the cause of the revival of the title of Baronet in 16 11. Others give the credit to Sir 2 A HISTORY OF THE BARONETAGE Thomas Shirley of Wiston, as in 1615 his son made a claim on account of his father's services in connection with the erection of the dignity. The word Baronettus, Anglice Baronet, at the time of the institution of the dignity by James i., was consequently not a new word, but had been used in France as well as in England. It frequently occurs in our old writers and records, and as a word implying a name of dignity, as Selden, Spelman, and others have observed. In England it had been used in two senses for a knight banneret, and for baronet when that has expressed (as it often did in the olden times) a parliamentary baron. As an example of the former meaning, Thomas Walsing- ham, who lived and wrote under Henry vi., when describing the battle of Strivelin, which took place in 1313, between Edward 11., King of England, and Robert i,. King of Scotland, says of the English : ' Capti sunt autem et in custodia detenti barones et baronetti viginti duo, milites sexaginta octo, etc. Summa vero totalis quam comitum baronum et baronettorum quam militum inter fectorum et captorum ibidem centum quinquaginta quatuor,' etc. As an example of the word Baronet being used for banneret, as expressing a Baron or Lord of Parliament, the fourth clause of the second statute of the fifth year of the reign of Richard 11. commands every archbishop, duke, earl, baronet, etc., on summons to appear in Parliament according to ancient use on pain of amercement. Owing either to a similarity of sound, or for some other reason, many have supposed the word Baronet is a modern THE ERECTION OF THE DEGREE 3 pronunciation of Banneret ; but this is entirely wrong, and may be at once disposed of. Previously, however, to describing the method of creation of a Knight Banneret, the following Memorandum contained in State Papers, Domestic Series, James /., vol. Ixvii. No. 1 19, shows that the same con- fusion existed at the time of the erection of the Baronetage : — ' Reasons. ' fFrom the worde of the Patent. * Dignitatem statum et Gradum Baronetti Where we may reasonably fixe & settle our degree, there wee must have our dignitye & state. ' The Degree is proved by the name Baronett. for Baronet is not a name introduced by the slipp of a Penn : but commonly used & knowne for the name of the degree, w* was also knowne by the name Bannerett. ' Anncient originall Manuscriptes of the times of Ed. i. 2. 3. & R. 2. ' The booke of the Abbies of Tewxburye : Lecester : E — login & Adam Merimouth. ' Manuscriptes in the Heraldes office. ' Liber illust. ordinis diui Georgii : the booke where in is entred the names & armes of those w*^^ were at the siege of Berwicke by Ed. 3 We have also a rowle of the armie w^'^ went w*^ him into France. ' Law ' Statutes written french 2 printed in french & Inglishe 5° & 14% R. 2. ' Common Law ' Pleadinges in 35 H. 6. pb. 8. ' Storie 'Camden. Hollinshead so as from time to time successively all writters have used the name as a knowne name for a Degree. 4 A HISTORY OF THE BARONETAGE ' What Degree *We prove what degree by Comparinge them one w*** an other, for we finde one booke of the order of St. Geo. hath Baronett, an other in the same artickle hath Banerett. ' One Rowle of K. Ed. 3 journey into France hath Baronett, an other of the same Bannerett. ' Sir John Shandos who is famousely knowne to be a Banerett is in the rowle called Baronett. *■ The same statuts of R. 2. one booke hath Baronett another booke & the recorde hath Bannerett. 'and therefore Mr. Camden in his Book might well say as he dothe Baneretti qui aliis Baronetti. ' This is the first proofe of our degree & Consequently of our dignity & state. ' The next is place : for place is properly to a degree : place is twofowle place amongst men : & place amongst degrees. ' our place is amongst Bannerettes & therefore wee are to have our dignity & state amongst them. ' The rather because this is given as an honour to incite us to be forward in his Ma*'^^ service in peace & warr, w* will not take that operacion yf wee bee not in dignityes & state equall to those amongst whome wee goe. ' Agayne if wee have not dignity & state equall to our place then is not his Ma*'®® grace of equall vallue to all w^^ have received it : for those gentl. w*^'^ were no K*®® & our posteritie in like case know not what they may Challendge whether so much as an ordinarie K*. 'This is the reason from the place in the first kinde. the second is from the Covenante. 'The K. Covenanteth he will not ordayne &c. any degree betweene us & Baron superior or equall to Baronett, ' In the plaine wordes wee conceave that wee now are Covenanted to bee the next degree to Baron, & so we Come into the anntient place of Bannerett. ' It will be said this Covenante is intended of a new Created degree : but not ment of Bannerett the Ancient Degree. ' I answere : then the wordes are not Cleere but ambiguous for yf THE ERECTION OF THE DEGREE 5 the meaninge were that Baneret as an anntient Degree showlde interceade betweene Baron & Baronet then should it have beene said he would not ordayne any degree betweene Bannerett & Baronett, for to name Baron Sc Baronet as the duo stermini Sc meane Bannerett & Baronet : we thinke is not proper but an obscure speeche & wee must presume of the playne & Cleere speeche. * This for the place, other reasons are drawne from Consideracion of the degree of Bannerett & from inconveniences. ' The degree of Bannerett was not meerely a Millitary Dignity, nor men Capable of that for deserte in warrs only but w*^ all for there estate in lande & revenues able to maintayne the state of a Bannerett & therefore wee shall finde many guyftes geven heere- tofore by the K*® to mayntayne the state of a Bannerett & wee reade of Sir John Shandos that he said he had landes & revenues suffitient to mayntayne the state of a Bannerett as an argument why he desired that degree. '& that argument wee may urge the K. hath directed to Chuse men of bloade & estate, and I thinke our number 200 our bloode & state may be thoughte fitt, nay, may require that degree & all thinges w'^^ doe belonge to the dignitie & state thereof. ' If wee bee not that degree : then must followe the Inconvenience of Novelty w'^'^ in no state is easey to be admitted & some have made a doubt whither a writt or pleadinge shall be defective for want of the title of Baronet before the law taketh knowledge of such a degree. ' besides as in all things Novelty disturbeth the former setled Course so in honour a new Degree interposed breedeth much envie & geveth Collour of greevance to all inferiour degrees when they thereby are thrust lower for these reasons as wee are perswaded that degree is Conveyed unto us so wee are induced to desire the same w*^^ all rites & priviledges belonging there unto. (Endorsed z« /)^«a7) '1611. Heraldic Baronets. Jas. i. Notes of the conditions under which Baronets were created.' A Banneret or Knight Banneret is a very ancient title of honour, said to have been instituted towards the end of the reign of the Roman Emperor Gratian and was 6 A HISTORY OF THE BARONETAGE subsequently adopted by different European nations. By Matthew of Paris, Knights Banneret were called Milites vexilliferi^ and by the author of the Dictionnaire de 'Trevoux, Milites vexillati ; later on they have been styled Chevaliers a Banier. The first Knight Banneret was made in England, accord- ing to Guillim, in the reign of King Edward i. In France the Order appears to have been hereditary, but in England was confined to the life of him on whom the honour was conferred. The Order was a purely military one, and was only bestowed for some heroic action performed on the field of battle. The ceremony of creation was very impressive, and was usually as follows : — The King, or very rarely the General, after a victory, received the Knight, having his pennon or guydon of arms in his hand, and led between two renowned Knights, or valiant men-at-arms, at the head of the army under the royal standard displayed, attended with all the field officers and nobles of the Court. In front of the Knight and his two supporters walked the heralds, who proclaimed his valiant achievements, for which he deserved to be made a Knight Banneret. The King (or General) then called ' Advances toy Banneret,' and the point of the pennon was rent or cut ofi^ so as to make it a square, or into the shape of a banner. The new Knight then returned to his tent, the nobles and officers accompanying him, and trumpets sounding before him, where an entertainment took place. THE ERECTION OF THE DEGREE 7 In vol. 89 of the State Papers^ Domestic Series^ of the reign of James i., preserved in the Record Office, there is contained the following account of the making of a Knight Banneret : — 'banneret baner 'A Kn* that is to receive this honor shal be lead between 2 other Kn*^® before the K. or Generall bearing his Penon of Armes in his owne hand : and in prescence of all the Nobility & other Captains the Heralds shall say unto the K. or his Generall these words following : — ' May it please your Grace to understand that this Gentleman hath shewed himself valiant in the field and for so doing deserveth to be advanced to the degree of a Kn* bannerett as worthy from henceforth to beare a baner in the warre. ' Then the K. or Generall shall cause the Points of his Penon or Guydon to be rent of, And the new Kn* shall goe into his Tent conducted between 2 other Kn*®^ the trumpets sounding all the way before him, there to pay fees, viz., to the Heralds 3** 6s. 8d. And if he were before a Kn* bacheler then he is to pay also to the Trumpetors i*> I suppose the Scots do call a Kn* of this Creation a Banerent for having his banner rent. ' Here is to be noted that no Kn* banneret can be made but in the warr & the K. present or when the Standard royall is displayed in the field. 'A Baneret thus made and every Estate above him may beare his banner displayed if he be a Captayne : and set his Armes therein as Barons doe. ' A Banerets banner ought to be 3 foote square. *The ould forme of the banner of a baneret was but 2 foot square, but now their worship & power is increased and therefore they have 3 foote as a Baron : which feet are to be understood to be in measure according to the Standard, as the measure of a weapon of duell ought to be. ' It is used to make the breadth of a banner less than the length, but that is without rule. 8 A HISTORY OF THE BARONETAGE ' Every Baneret and every Estate above him may have his baner displayed in the field if he be a chief Captaine. * His Standard to be borne in battaill shal be 4 yards & half long & slit at one end.' As a consequence of the cutting of the pennon so as to make it into a square or of the shape of a banner, it became the custom for Knights Banneret to bear their arms in a square shield instead of in one of the ordinary shape. They had no particular badge or embroidery worn on their garments to show their Order ; but in England and most other countries they usually painted their arms on a banner placed in the paws of the supporters to their arms. In France they usually bore two banners with their arms In saltier behind the shield. Even in times when it would be expected the difference between Baronets and Bannerets would be well known, many writers have stated that the word Baronettus was in earlier days always used in error for Bannerettus, and one of the examples quoted has been the Patent, so called, passed to Sir Ralph Fane, a Knight Banneret under Edward the Sixth. Now this document commences with a recital to the effect that, for certain services rendered by him. Sir Ralph Fane, Knight, had stood erected, raised, and created by the King to the order, state, rank, honour, and dignity of a Baronet. In the absence of proof such as could be afforded by a Patent of Baronetcy, we have to consider, In forming a judgment based on this recital, whether Its wording applies to a ceremony performed on the field of battle, or to a hereditary dignity conferred by Letters Patent. The docu- THE ERECTION OF THE DEGREE 9 ment then goes on to fulfil its avowed purpose of making ' a grant to Ralph Fane and his heirs,' stating that this grant (of a Manor and Advowson) is in order that he might be the better enabled and empowered to sustain the burden of his rank and state aforesaid, and as a further recompense for his services. It is difficult to say which is signified by such language, whether rank for life or rank hereditary ? It may surely be one or the other : and the heading of the document leaves us no clue, for, quite without excuse, it describes Sir Ralph as if he were no more than a simple Knight, There appears, however, to be no reason why it should be assumed that the word ' baronetti ' in Sir Ralph Fane's Grant was intended to have been written ' banneretti.' As this document, although alluded to, has never before been printed, it is here given : — 'pro radulpho fane milite de concessione sibi et heredibus ' Rex omnibus ad quos etc. Salutem. Cum in consideracione fidelis et acceptabilis servicii nobis per dilectum servientem nostrum Radulphum Fane Militem in guerris nostris tam in bello apud Musskelboroughe contra inimicos nostros Scotos in apprehensione Comitis Huntley inimici nostri per ipsum Radulphum ibidem adtunc capti quam aliter antehac facti et impensi idem Radulphus ad ordinem statum gradum honorem et dignitatem baronetti per nos erectus sussitatus et creatus extiterit Quiquidem Comes Huntley postea ab eodem Radulpho et e manibus suis per nos et ad usum nostrum acceptus et detentus fixerit absque recompensacione per nos eidem Radulpho pro redempcione dicti comitis adhuc facta Sciatis quod nos tam in consideracione dicti servicii dicti Radulphi Fane nobis in forma predicta et aliter antehac facti et impensi. lo A HISTORY OF THE BARONETAGE Et ut idem Radulphus onus gradus et status sui predicti melius sustinere valeat et possit quam in consideracione ac in partem recompensacionis per nos dicto Radulpho debite pro redempcione dicti comitis Huntley -prisonarii sui per nos ab eodem Radulpho et e manibus suis ad usum nostrum capti et detenti ac pro aliis causis et consideracionibus nos ad presens specialiter moventibus de gratia nostra speciali ac ex certa sciencia et mero motu nostris Necnon de avisamento consilii nostri dedimus et concessimus ac per presentes damus et concedimus prefato Radulpho Fane MiHti totum illud manerium nostrum de Penshurste ac advocacionem donacionem liberam disposicionem et jus patronatus ecclesie et rectorie de Cowden cum suis juribus membris et pertinentiis universis in comitatu nostro Kancie quondam parcellam terrarum tenementorum possessionum et hereditamentorum Edwardi Ducis Bukingham de alta prodicione attincti et convecti. ' In cujus rei, etc. Teste Rege apud Hynnyngham Castell vicesimo secundo die Julii per brevi de private sigillo.' The following is a translation of this interesting Docu- ment : — 'For Ralph Fane, Knight, of a grant to him and his heirs. ' The King to all to whom, etc. Greeting. Whereas, in con- sideration of the faithful and acceptable service to us rendered and performed by our beloved servant, Ralph Fane, Knight, in our wars both in the battle of Musskelborough against our enemies the Scots, in apprehending the Earl of Huntley, our enemy, who was then and there taken by the said Ralph, as well as in other ways, the said Ralph was by us erected, raised, and created to the order, state, rank, honour, and dignity of a Baronet ; which said Earl of Huntley was afterwards received and detained from the said Ralph and out of his hands, by us and to our use, without any recompense made by us, up to this present, to the said Ralph for the ransom of the said Earl, Know that we, both in THE ERECTION OF THE DEGREE ii consideration of the said service of the said Ralph Fane to us in form as aforesaid and otherwise heretofore performed and rendered, and in order that the said Ralph may be the better enabled and empowered to sustain the burden of his rank and state aforesaid, as also in con- sideration, and as part, of the recompense due from us to the said Ralph for the ransom of the said Earl of Huntley his prisoner, by us received and detained from the said Ralph and out of his hands to our use, and for other causes and considerations us at this present specially moving, of our especial grace, and out of our certain knowledge and mere motion, as also with the advice of our Council we have given and granted, and by these presents do give and grant, to the aforesaid Ralph Fane, Knight, All that our manor of Penshurste, and the advowson, and gift, free disposition and right of patronage of the church and rectory of Cowden, With all its rights, members, and appurtenances, in our County of Kent, formerly parcel of the land, tenements, possessions, and hereditaments of Edward, Duke of Buckingham, attainted and convicted of high treason. ' In witness whereof, etc. Witness the King at Hynnyngham Castle, the 22nd day of July. * By writ of Privy Seal.' The Baronets form the sixth division of the higher class of nobility known as Nobiles Majores of the United Kingdom of Great Britain and Ireland, the six being as follows : — Duke. Marquess. Earl. Viscount. Baron. Baronet, as there can be no question that the lower rank of nobility, or the Nobiles Minores, are Knights, Esquires, and Gentlemen 12 A HISTORY OF THE BARONETAGE entitled to bear Coat Armour not included in any of the above six ranks. In other words, in a division of the upper ranks of society between nobility and gentry it is wrong to consider the Baronets as forming the highest class of the ranks of the gentry. The early members of the Baronetage who satisfied the conditions of James i. as referred to hereafter were called by him, previous to their receiving the honour of the dignity, ' principall Gentlemen of his Kingdom ' ; while very many, who were inferior in lineage to few others in the realm, were in the language of such authorities as Camden, Coke, Selden, and Blackstone, nobles by blood, or Nobiles Minores, and were raised on being created Baronets to the ranks of Nobiles Majores by virtue of the hereditary dignity with which the King invested them. Their title is an hereditary one, and the question of treat- ing as noblemen those only who have a seat in the House of Lords is clearly erroneous, as many Peers of Scotland and Ireland are universally admitted to be noblemen, although as such they have no right to seats in the Upper House of Parliament. They may, by the election of their own Peers, be deputed to sit in this house as representing their respective bodies, but the acquisition of this privilege no more confers upon them the rank of nobility than does the absence of it take away from them their undoubted possession of this distinction. Another proof of Baronets being members of the Nobiles Majores is the manner in which their order of precedency was settled before the Union, this differing from that of THE ERECTION OF THE DEGREE 13 Knights, who could take place and precedency solely according to their priority of Knighthood. Nobiles Majores go below, as puisnes, those of the same degree in the nation in which they may be resident, as Barons of Ireland residing in England give place to all of the same degree of England ; so in Scotland before the Union, the Scottish Barons, Dukes, etc., took place before the English, and vice versa, in conformity to the law of nations. Thus in the cavalcade of George i. on his arrival. Baronets of Great Britain took place of Baronets of Ireland or of Nova Scotia, an incontestable proof, as Sir Richard Broun contended, of their being considered as of the Nobiles Majores. While referring to this procession, it may be of interest to mention that the coaches of the Irish Baronets preceded those of the Attorney-General and Solicitor-General of England. Again, can it be contended for one moment that in the seventeenth century the descendants of Hugh Lupus, Earl of Chester, were not included among the Nobiles Minores, and then that the elevation of this descendant into an hereditary degree did not confer upon him a higher rank ? Would he not have scorned to accept this new dignity had it not been considered to place him in some higher rank than the one he already held ? In a pamphlet published anonymously in 1842, entitled * British and Continental Titles of Honour,' occurs the following footnote : — ' The Great Barons of the Conqueror have long ago departed, excepting such of them as have received higher 14 A HISTORY OF THE BARONETAGE titles. The senior Baron of the Peerage, Lord de Ros, goes no further back than 1264. There are but com- paratively few Peers whose titles bear date anterior to the Reformation. Amongst the Baronetage and the Gentry, we find families who were Noble long prior to the Conquest, such as the Temples, Deerings, Titchbornes, Pennymans, Boothbys, Prideauxs, Poles, Frelfords, Chetwodes, — the twenty-eighth lineal descendant from Sir John Chetwode, Lord of the Manor of Chetwode, being the present Baronet, On the roll of Battle Abbey are the Burdetts, the Wakes, the Hazelriggs, Bedingfields, Shuckburghs, Tyrells, Pulestons, Wrottesleys, etc. The names of the ancestors of the present Baronets of Colstoun and Riddell, Walterres le Brun and Gervasius de Ridell, occur (along with those of the Countess Matilda, afterwards Queen ; William, nephew of the Prince, Cospatrick, Earl of Dunbar, Alan de Percie, Walter de Lindesay, and others) as witnesses to one of the oldest Scottish documents extant, viz., the inquisition made by David, Prince of Cumberland (afterwards King David 1st), respecting the possessions of the see of Glasgow in 11 16. Is it necessary to particularise the antiquity of the Gordons, Bruces, Stuarts, Setons, Ramsays, Sinclairs, Craufords, Wallaces, Cunninghames, Pringles, etc, ? — the Fitzgeralds, de Burghs, Cootes, Talbots, Shees, Butlers, Moores, etc. ? — or of the four Dukes, the seventeen Marquesses, the fifty- seven Earls, the fourteen Viscounts, and fifty-nine Barons, whose progenitors were Baronets long prior to their being raised to Peerage titles ? ' Later on, in the same work, the writer states that it is THE ERECTION OF THE DEGREE 15 recorded by Buchanan that Richard le Brun, John de Logie, and Gilbert Malherbe were three of the principal noblemen who headed a memorable transaction in Scottish history in the year 1320. Three hundred and sixty-six years later the representative of the first of these, who was of course as noble as his ancestor, received a Baronet's Patent. * One feels at a loss,' adds the writer, * to understand how this ennobled him, he being already noble when he received it.' When a Baronet receives the title of Baron, he is in truth and in fact, and in the estimation of heralds, no more en- nobled than is a Baron when he receives the title of Viscount. All he acquires thereby is an augmentation of dignity. If one may judge of the eminency of a dignity by its rating for poll-taxes, that of a Baronet over two hundred and fifty years ago was very considerable. In the Ordinance of those persons who sat at Westminster in 1641 every Lord paid ^^40, every Baronet ^^30, while an Esquire paid but;rio. In the Act of 17 Charles i. for disbanding the army, etc., a Baron paid ;^40, their eldest sons £$0, a Baronet ^30, and a Knight Bachelor £20. In support of the obvious truth that Baronets are not mere Knights, and that the title of Knights-Baronets, so often applied to them, is incorrect, the following extract from Coke's Reports is given : — ' That if an heir of a tenant in Knight's service, who was under age at his father's death, and so in ward, was made a Baronet by the King, it did not discharge such heir from being in ward, or if he was made a Knight, any more than if he had been made a Baron or an Earl.' i6 A HISTORY OF THE BARONETAGE It is quite clear that it was the intention of James i. to create an hereditary dignity, the members of which, though lacking the legislative functions of those of the Peerage, and taking precedence after them, should nevertheless enjoy all the other established and recognised privileges of heredi- tary nobility. He gave to Baronets and their eldest sons in 1612 the right to claim knighthood, but this was an after- thought and at best an added dignity. The following document preserved in the Record Office among the State Papers, Domestic Series, James I., vol. Ixiii. No. 64, shows what was in the mind of that King and his advisers at the time of the institution of the Dignity : — * A Project for erecting a new Dignitie beetween Barons & Knights in w'^'^ theese Circumstances . . . considerable what shall bee their name and their place. ' And upon what Condicions they shall have itt. * Name. ' The partie that hath itt, shall beare the name of Baronet. Hee shall have the same given him by Letters Patents to him and to the heires males of his body, Hee to bee called Sir and his wife Lady. ' Place. * Hee shall goe above all Knights, banneretts not made under the Kinges Sta ... in the fFeild displaied in his own presence and above the Knights of the Ba . . . and all other Knights under them. ' The same place shall bee retained by their wy ves And their Sonnes and their Daughters, shall likewise take their places above the Children of all others t . . . are to goe beneath their ffathers. ' Condicions imposed upon the Partie that have the Dignitie. ' Hee shall bee Content to pay 30 foote after 8d. per diem for 3 yeares, towardes the servyce of Ireland and particularlie in regard THE ERECTION OF THE DEGREE 17 of the plantacion of Ulster, and that reason shall bee expressed in the Patent Honoris gratia. ' The King to bee pleased to Covenant never to excede the numbre of 200. ' Thus-much to bee expressed in the body of the Patent. ' Cautions concerning the former Project. 'i. That none bee admitted except hee have of Certain yearlie revenue of Inheritance in possession 1000*' per annum de Claro, or of landes of old rent — good in accompt as 1000*' per annum of improvements or at least twoo parts in ... of landes to the vallewe as aforsayd and the third in revercion expectant upon one life only holding by Dower or in Jointure. ' 2. That none bee received whose Grandfather by the ffather did not beare Arms. * 3. That whosoever shall bee received upon death of an other without issue, shall Come in the lowest ranlce. ' 4. That hee must pay the mony downe for one yeares intertein- ment every yeare . . . hande. ' And for the order to bee observed in ranking those that shall receive this dignitie allthough it is to bee wished that those Knights w*'^ have now place before other Knights, in respect of the time of their Creation may bee ranked before others (caeteris paribus) yett because this is a dignitie w^^ shall bee hereditarie Vvherein divers Circumstances are more Considerable then such a marke as is but temporary (that is to say of being now a Knight, in time before an other). It is his Ma*'®® pleasure that the LL shall not bee so precise in placing those that shall receive this dignitie but that an Esq"^ of greate antiquitie and extraordinarie living may bee ranked in this Choyce before some Knights. And so of Knights a man of greater living more remarquable for his house, yeares and Calling in the Common wealth, now preferred before one in this dignitie that was made Knight before him. * And lastlie that it may appeare that the partie w'^'^ hath this dignitie hath not obtained it by any sordid, or base meanes, hee shall upon the delivery of his Patent, take his Corporall oath in the B 1 8 A HISTORY OF THE BARONETAGE presence of the LL Comissioners in manner and forme following : viz. Ij A. B. doe sweare, that neyther I nor any other to my knowledge, have, or hath given or promised, procured or consented to give, or to bee given any gift or reward directly, or indirectly to any person or persons whatsoever, for procuring his Ma*^^ favour on my behalfe, to create mee a Baronet, or ranke mee before any other (those summes of money w*^^ by my Patent I am tied to pay for the interteinm* of 30 foote after 8d. per diem, for 3 yeares in Ireland only excepted). And that I will not give, nor any w^ my consent shall give or consent to bee given, any gift or reward, directly or indirectly, other than that w'^^ I am so to pay in manner as aforesayd. So helpe me God.' The following ' Memorandum ' is contained in the same volume at the Public Record Office as the above ' Project,' but it belongs to a later date, 1 6 1 2 : — ' Baronet. * To maintaine 30 foot for 3 yeares for the defence of Ireland but especially for the plantacion of Ulster. ' His place to be immediately after the Younger Sonnes of Viscounts and Barons of England, & before all Kn*^ of the Bath & Kn*^ Bachelors, and all Kn*^ Bannerettes. Except only those Bannerettes that are made under the Kings owne Standard the King being present, or Bannerettes made by the Prince of Wales he then being present & his Banner displayed in open warre & not otherwise And that for terme of their lives onely, & not any others that shall happen after to be created. And except all Kn*^ of the Garter, Kn*^ of the privy Councell, &c.' At that date the province of Ulster in Ireland was, as it had been on many former occasions, in a state of rebellion, and James i. was desirous of putting an end to this continual revolt, of settling and civilising its inhabitants, and of cultivating its soil. It occurred to him or his advisers to raise the necessary funds for this undertaking by the THE ERECTION OF THE DEGREE 19 contributions of those on whom he should confer the new hereditary degree. At the same time, the King was careful to bear in mind that as he was creating a new dignity of this nature, it was necessary, in order to invest it with the attributes of the degrees it was immediately to follow in social precedence, that none should be admitted to it who were not of gentle blood. He therefore prescribed that membership was only for those who were descended of a grandfather by his father's side who bore arms, and had a clear estate in lands of at least| one thousand pounds a year. ' Or lands of the old rent, as good in account as one thousand pounds per annum of improved rents, or at least two parts in three to be divided of lands of the said values in possession, and the other third part in reversion, expectant upon one life only, holding by dower or in jointure.' An income of one thousand pounds from land in the year 1 6 1 1 could only have been derived from very considerable territorial possessions, and it is therefore easy to realise that an inquiry into the social position of those who were the first to receive their Patents of Baronetcy proves conclusively that it was among the best of the gentle blood of England not already enjoying a title, and in many instances superior to that of families on whom had previously been conferred the honour of the Peerage itself. A most absurd contention has frequently been put forward by writers to the effect that Baronetcies were indiscriminately sold to any one willing to provide funds for the royal founder's pecuniary necessities. This contention is easily 20 A HISTORY OF THE BARONETAGE refuted by a short account of the families of those who are now the senior members of the degree. The ancestor of Bacon of Redgrave, who was created Premier Baronet on the 22nd May 161 1, was descended from an ancestor who came to England at the time of the Norman Conquest in common with William, Earl Warren, to whom he was related. He settled at Letheringsett, near Holt, in Norfolk, and he and his descendants acquired large possessions in Norfolk, Suffolk, and Gorhambury in Hertfordshire. It is related that when Queen Elizabeth visited Sir Nicholas, the father of the first Baronet at Red- grave, she said it was too little for his lordship ; to which he replied, ' No, madam, but your Highness has made me too big for it,' and, acting on the suggestion, he is said to have added the wings to the house at Redgrave. It is quite enough to say of De Hoghton of Hoghton Tower that the present Baronet resides on the property which was in the possession of his family in the time of Henry 11., and that from the time of Edward i. his ancestors have frequently acted as Sheriffs of the county. An ancestor of Shelley of Michelgrove was a Knight of the Shire for Huntingdon in the time of William 11. Sir Thomas Shelley, Knight, went as an Ambassador to Spain in 1205, and Sir William Shelley was sent as an Ambassador to the Emperor of Germany in the time of Henry vii. ; and after their removal from Huntingdon, nearly six and a half centuries ago, they went to Michelgrove in Suffolk. An ancestor of Musgrave of Edenhall also came over THE ERECTION OF THE DEGREE 21 with William the Conqueror, and the family was early established in Westmorland, and gave their name to two villages in that county. In the time of King John their connection with this county was famous, they having served as Members of Parliament for several divisions of the county at various intervals ; their residence was Hartley Castle. At the restoration of Charles 11. the Baronet of the day was made Governor of Carlisle, and had a warrant for creating him Baron Musgrave, but never took out the patent. Cope of Hanwell is descended from John Cope, who was granted by Richard 11. the Manor of Denshanger, North- amptonshire, and other properties, his descendants occupying many positions about the Court until the time of Elizabeth, when Anthony Cope, the eldest brother of Sir Walter Cope, Knight, was Shire Sheriff of Oxfordshire, and received from the Queen the honour of Knighthood. He was again appointed Shire Sheriff of Oxfordshire by King James i,, who, after knighting his eldest son William, conferred upon the father the dignity of the Baronetage. The ancestor of Gresley of Drakelowe was uncle of RoUo, Duke of Normandy, whose descendants, Robert and Nigel, accompanied William the Conqueror to England. Nigel held Drakelowe, according to Doomsday Book, and William Greisley, the son of Nigel, was the founder of the Monastery of Greisley. The family from that time to the present day have had Drakelowe in continual possession. Although no attempt appears to have been made to induce English gentlemen of position to become Baronets, yet later on pressure was undoubtedly put upon gendemen 22 A HISTORY OF THE BARONETAGE of position in Scotland to accept the new honour, as will be seen from the following letters of the King : — ' TO THE LARD OF TRAQUAIR *Trustie and weilbeloved, &c., We, &c. — Thogh ther have bene warning gevin to all the gentrie of that our kingdome by publict proclamation, that they might in dew tyme come to be created kynght barronettis, and not compleane heirefter of utheris befoir whom they might expect to have place wer preferred unto them, yet we have thoght fitt to tak particular notice of yow, and the rather becaus it would seame that yow, not knowing or mistak- ing our intention in a matter so much concerneing our royall prerogative for the furthering of so noble a work did seik to hinder the same : Therefor our pleasure is, that yow with diligence embrace the said dignitie, and performe the conditions as others doe, or that yow expect to be heard no more in that purpois, nor that yow compleane no more heirefter of others to be preferred unto yow. So not doubting but that, both by your selffand with others, yow will use your best meanes for furthering of this work, wherby yow may doe to ws acceptable service. — We bid, &c. Whythall, 24 March 1626.' *TO THE LARD OF WAUCHTAN ' Trustie, &c. (as in the precedent till this place). — Yit we have thoght fitt to tak particular notice of yourselff and house, desyreing yow to performe the said dignitie of knyght barronet, and to per- forme the lyk conditions as otheris haveing the lyk honour doe, which course we wish the rather to be takin by yow and others in regaird that so noble a wark as the plantation of New Scotland doeth much depend therupoun, and as your willingness to this our request shall not be a hinderance bot rather a help to ane further place that shalbe thoght fitt to be conferred upon yow ; so shall yow heirby doe ws acceptable pleasur. — We bid, &c. Whythall, 24 March 1626.' *TQ THE LARD OF WEMYES 'Trustie and weilbeloved, We, &c. — Haveing determined that the creation of knyght barronetts should proceid according as our THE ERECTION OF THE DEGREE 23 late dear father, with advyse of his Counsall, had agricd upon ; Thogh all the gentrie of that our kingdome had warning thairof by publict proclamation, yit we ar pleased in regaird of the reputa- tioun of your house to tak more particular notice of yow, and did pass a signature of the said honour in your name, wherein we thoght our favour would have bene acceptable unto yow : Therfoir these presents ar to requyre yow to pass the said signatur, and to performe the lyk conditions as others doe, or utherwayes doe not compleane heirefter of the precedencie of others, whom we will the rather preferr that by the embraceing of the said dignitie they be carefull to further so worthie a work as doeth depend therupon, and as it is a nixt steppe to a further title, so we will esteame of it accordinglie: Thus willing yow to certefie bak your resolution heirin, with all diligence, to Sir William Alexander, our secretarie, who will acquaint ws therwith. we bid you, &c. — Whythall, 24 March 1626. The social position of the three gentlemen to whom these letters were addressed shows that, anxious as the King was to carry out his scheme of colonisation in Nova Scotia, he was exceedingly particular in his selection of those who were to help him. Enough has, in fact, been said to prove beyond a doubt that there is no foundation for the assertion so commonly made by those who wish to depreciate the dignity, that it was conferred in the first instance on any who cared to purchase a title. It has been clearly shown that the first holders of this title were of ancient lineage and possessed of great territorial possessions, and who in return for receiv- ing an hereditary dignity agreed to perform a military service to the State. The title does not appear to have been on any single occasion prostituted to reward Royal favourites, nor to have been sold, like certain Peerages, in order to provide for the private pecuniary necessities of Kings. CHAPTER II THE CREATION OF A BARONET The Baronetage is divided into five classes or creations, styled as follows : — 1. Baronets of England. 2. Baronets of Ireland. 3. Baronets of Scotland and Nova Scotia. 4. Baronets of Great Britain. 5. Baronets of the United Kingdom. The Baronets of England were created between the 22nd May 161 1 and 1707, of whom Sir Nicholas Bacon was the first, and whose descendant the present Baronet, Sir Hick- man Bacon, still remains the premier Baronet of England and of the Baronetage. The Baronets of Ireland were created between 30th September 16 18 and 1801, of whom Sir Dominick Sars- field was the first. The Reverend Sir Algernon Coote of Ballyfinn is now the premier Baronet of Ireland. The Baronets of Scotland were created between 28th May 1625 and 1707, of whom Sir Robert Glendonwyn Gordon of Gordonstown and Letterfourie is the premier, his ancestor having been the first created. After the Union of England and Scotland in 1707 no 2i THE CREATION OF A BARONET 25 further Baronets of England or Baronets of Scotland were created, the style being changed to Baronet ' of Great Britain,' the first so created being Sir Francis Dashwood of West Wycombe. The date of creation was 20th June 1707, and the descendant of Sir Francis, Sir Robert John Dashwood, still remains the premier Baronet of Great Britain. As Ireland remained a separate kingdom, the creation of Baronets of Ireland continued until Great Britain and Ireland were united in 1801 under the style of the United Kingdom. All holders of Baronetcies created after that date have borne the title of Baronets of the United King- dom, Vavasour of Spaldington having been created, and still remaining, the premier Baronet holding this title. It may be interesting here to point out that while from the date of the Union of Ireland with Great Britain the creation of Baronets of Ireland entirely ceased, yet peerages of Ireland are still created, the reason being that, while conferring the full rank and social dignity of the Peerage by such a creation, it does not confer on the holder the right to a seat in the House of Lords, but leaves him free, should he so desire, to seek the right of election to represent a constituency in the House of Commons. The royal founder at the time of the erection of the dignity proposed to limit it to two hundred in number, and that when any of these Baronetcies became extinct others should not be created in their room, so that the number should diminish, to the greater honour of those that re- mained. This plan, however, was not adhered to, as shortly after a Commission was appointed to fill up the vacancies 26 A HISTORY OF THE BARONETAGE and create others. The Crown thereby revoked its engage- ment, and since then no limitation has been placed on the number of Baronets, additional creations being entirely in the discretion of the reigning sovereign. The institution of a Baronet is by Letters Patent under the Great Seal, to a gentleman, and the heirs male of his body lawfully begotten, for ever, and sometimes the dignity is further entailed, according to the pleasure of the sovereign, as referred to hereafter. Previous to the preparation of the early Letters Patent, the following Memorandum and Warrant were issued : — * MEMORANDUM * After our very harty Comendacions Whereas of in the County of hath out of his good affeccion to his ma*®^ service, offered to charge himself w**^ the yearely intertaynement of 30*'® foote for three yeares after the rate of 8d. per diem for the Plantacion of Ulster His Ma*'^ having gratiously accepted of this his good service, is pleased in Recompence thereof to conferr upon him the Dignity and place of a Baronnett w*^ all Titles Preveledges and preheminences w'^'^ by his Ma*^^ favor is graunted unto others in the like case. These shal be there- fore to require yow to drawe a bill for that purpose fitt for us to subscribe according unto the direccion given you and the authority w'''^ we have received by vertue of his Ma*®^ Comission in that behalfe, fFor w^^ this shal be yor warrant And soe we bid you hartely farewell. * fFrom Whitehall this of 161 1. ' Yor very loving freindes ' T. Ellesmere, Cane Lenox ' R. Salisbury, T. Suffolke, Gibb, Shrewsbury, * W. KnoUys E. Worcester, Fenton. 'Jul. Caesar.' THE CREATION OF A BARONET 27 'warrant *Trustie and welbeloved wee greet yow well wheras wee are gratiouslie pleased to conferre uppon our trustie and welbeloved in our Countie of the Dignitie of Baronett of this our Kingdome and to entayle the same uppon the heire males of his bodie our will and pleasure is that you prepaire aswell a booke in due forme conteyneing our grant of the dignitie of Baronett unto the said and the heires males of his bodie as alsoe a warrant in usuall forme for discharging him of soe much money as is usuallie reserved in respect of that dignitie and that yow prepaire them both fitt for our signature for w'^** this shalbe yor warrant Given att . ' To the Clarke of our Signett now attending.' The Patents of the first-created Baronets were in Latin and in the following form : — * Rex Omnibus ad quos, etc. Salutem. Cum inter alias Imperii nostri gerendi curas, quibus animus noster assidue exercetur, ilia non minima sit, nee minimi momenti, de Plantatione Regni nostri Hiberniae, ac potissimum Ultoniae, amplae et percelebris ejusdem Regni Provinciae, quam, nostris jam auspiciis atque armis, fa^liciter sub obsequii jugum redactam, ita constabilire elaboramus, ut tanta Provincia, non solum sincero Religionis cultu, humanitate civili, morumque probitate, verum etiam opum affluentia, atque omnium rerum copia, quae statum Reipublicae ornare vel beare possit, magis magisque efflorescat, Opus sane, quod nuUi progenitorum nostrorum proestare et perficere licuit, quamvis idipsum multa sanguinis et opum profusione saepius tentaverint ; In quo opere, sollicitudo nostra Regia, non solum ad hoc excubare debet, ut Plantatio ipsa strenue promoveatur, oppida condantur, aedes et castra extruantur, agri colantur, et id-genus alia ; Sed etiam prospiciendum imprimis, ut universus hujusmodi rerum civilium appartus, manu armata, proesidiis videlicet et cohortibus, protegatur et communicatur, ne qua aut vis hostilis, aut defectio intestina, rem disturbet aut impediat : Cumque nobis intimatum sit, ex parte quorunda ex fidelibus nostris subditis, 2 8 A HISTORY OF THE BARONETAGE quod ipsi paratissimi sint ; ad hoc Regnum nostrum inceptum, tam corporibus, quam fortunis suis promovendum : Nos commoti operis tam sancti ac salutaris intuitu, atque gratos habentes hujusmodi generosos affectus, atque propensas in obsequium nostrum et bonum publicum voluntateSj Statuimus apud nos ipsos nulli rei deesse, quae subditorum nostrorum stadia praefata remunerare aut aliorum animos atque alacritatem, ad operas suas prasstandas, aut impensas in hac parte faciendas, excitare possit : Itaque nobiscum perpendentes atque reputantes, virtutem et industriam, nulla alia re magis quam honore ali atque acui ; omnemque honoris et dignitatis splendorem, et amplitudinem a Rege tanquam a fonte, originem et incrementum ducere, ad cujus culmen et fastigium proprie spectat, novos honorum et dignitatum titulos erigere atque instituere, utpote a quo antiqui illi fluxerint ; consentaneum duximus (postulante usu Reipublicse atque temporum ratione) nova merita, novis dignitatum insignibus rependere : Ac propterea, ex carta scientia et mero motu nostris, Ordinavimus, ereximus, constituimus, et creavimus, quendam statum, gradum, dignitatem, nomen et titulum Baronetti (Anglice of a Baronet) infra hoc Regnum nostrum Anglias perpetuis temporibus duraturum. Sciatis modo quod nos de gratia nostra speciali, ac ex certa scientia et mero motu nostris, ereximus, praefecimus et creavimus, ac per praesentes pro nobis, Heredibus, et successoribus nostris, erigimus, praeficimus, et creamus dilectum nostrum de in comitatu virum, familia, patrimonio, censu, et morum probitate spectatum (qui nobis auxilium et subsi- dium satis amplum, generoso et liberali animo dedit et praestitit, ad manutenendum, et supportandum triginta viros in cohortibus nostris pedestribus in dicto Regno nostro Hiberniae, per tres annos intregros pro defensione dicti Regni nostri, et praecipue pro securitate planta- tionis dictae Provincias Ultoniae) ad, et in dignitatem, statum, et gradum Baronetti (Anglice of a Baronet) Ipsumque Baronettum pro nobis, Heredibus, et successoribus nostris, prae- ficimus, constituimus et creamus per praesentes, habendum sibi, et heredibus masculis de corpore suo legitime procreatis in perpetuum. VoLUMUS etiam et per praesentes de gratia nostra speciali, ac ex certa scientia et mero motu nostris, pro nobis, Heredibus, et successoribus THE CREATION OF A BARONET 29 nostris concedimus praefato et Heredibus masculis de corpore suo legitime procreatis, Quod ipse idem et Heredes sui masculi praedicti habeant, gaudeant, teneant, et capiant locum atque Praecedentiam, virtute dignitatis Baronetti praedicti, et Vigore praesentium, tarn in omnibus Commissionibus, brevibus, litteris patentibus, scriptis, appellationibus, nominationibus et directionibus, quam in omnibus Sessionibus, Conventibus, Csetibus et locis quibus- cunque, prae omnibus militibus, tarn de Balneo, (Anglice of the Bathe) quam militibus Baccalaureis, (Anglice Bachelors) ac etiam prae omnibus militibus Bannerettis, (Anglice Bannerets) jam creatis, vel imposterum creandis, (Illis militibus Bannerettis tantummodo exceptis quos sub vexillis regiis, in exercitu regali, in aperto bello, et ipso Rege personaliter prassente, explicatis, et non aliter creari contigerit). Quodque uxoris dicti et Hasredum mas- culorum suorum praedictorum, virtute dictae dignitatis maritorum suorum prasdictorum, habeant, teneant, gaudeant, et capiant locum et praecedentiam, pras uxoribus omnium aliorum quorumcunq ; prae quibus mariti hujusmodi uxorum, vigore praesentium habere debent locum et praecedentiam ; atque quod primogenitus filius, ac ceteri omnes filii et eorum uxores, et filiae ejusdem et haeredum suorum praedictorum respective, habeant, et capiant locum et praecedentiam, ante primogenitos filios ac alios filios et eorum uxores, et filias omnium quorumcunque respective, pras quibus patres hujusmodi filiorum primogenitorum, et aliorum iiliorum, et eorum uxores, et filiarum, vigore praesentium habere debent locum et praecedentiam. Volumus etiam, et per praesentes pro nobis, hasredibus, et successoribus nostris, de gratia nostro speciali, ac ex certa scientia, et mero motu nostris concedimus, quod dictus nominetur, appelletur, nuncupetur, placitet et implacitetur per nomen Baronetti ; Et quod stilus et additio Baronetti apponatur in fine nominis ejusdem et haeredum mas- culorum suorum praedictorum, in omnibus Literis Patentibus, Commissionibus et Brevibus nostris atque omnibus aliis Chartis, factis, atque literis, virtute praesentium, ut vera, et legitima, et necessaria additio dignitatis. Volumus etiam, et per Prasentes pro nobis, haeredibus, et successoribus nostris ordinamus, quod 30 A HISTORY OF THE BARONETAGE nomini dicti et Haeredum masculorum suorum prae- dictorum, in sermone Anglicano, et omnibus scriptis Anglicanis, praeponatur haec additio, videlicet Anglice (Sir :) Et similiter quod uxores ejusdem et haeredum masculorum suorum pras- dictorum, habeant, utantur, et gaudeant hac appellatione, videlicit Anglice (Lady, Madame, and Dame) respective, secundum usum loquendi. Habendum, tenendum, utendum, et gaudendum, eadem, statum, gradum, dignitatem, stilum, titulum, nomen, locum, et praecedentiam, cum omnibus et singulis Privilegiis, et caeteris praemissis, praefato et heredibus masculis de corpore suo exeuntibus imperpetuum. Volentes et per praesentes con- cedentes, pro Nobis Hseredibus et successoribus Nostris, quod praedictus et haeredes sui masculi praedicti, nomen, statum, gradum, stilum, dignitatem, titulum, locum et prae- cedentiam praedictam, cum omnibus et singulis Privilegiis, et caeteris premissis successive gerant et habeant, et eorum quilibet gerat et habeat, quodque idem et Haeredes sui Masculi praedicti successive Baronetti in omnibus teneantur, et ut Baronetti tractentur et reputentur, Et eorum quilibet teneatur, tractetur, et reputetur. Et ulterius de uberiori gratia nostra speciali, ac ex certa scientia et mero motu nostris Concessimus, ac per praesentes pro Nobis, Haeredibus et successoribus Nostris concedimus praefato Et Haeredibus suis masculis praedictis, quod numerus Baronettorum hujus Regni Angliae nunquam posthac excedet in toto, in aliquo uno tempore, numerum ducentorum Baronettorum: et quod dicti Baronetti, et eorum Haeredes masculi praedicti respec- tive, de tempore in tempus in perpetuum, habebunt tenebunt et gaudebunt locos et preecedentias suas inter se, videlicet, quilibet eorum secundum prioritatem et senioritatem Creationis suas Baron- etti praedicti ; quotquot autem creati sunt, vel creabuntur Baronetti per literas nostras Patentes, gerentes Datas uno et eodem die, et Haeredes sui praedicti, gaudebunt locis et praecedentiis suis inter se secundum prioritatem, quae cuilibet eorum dabitur, per alias literas nostras patentes in ea parte primo conficiendas, sine impedimento, et non aliter, nee alio modo. Et insuper de abundantiori gratia nostra speciali, ac ex certa scientia et mero motu nostris concessi- THE CREATION OF A BARONET 31 mus, ac per praesentes, pro nobis, haeredibus et successoribus nostris, concedimus prasfato et haeredibus suis Masculis pras- dictis, quod nee Nos, nee Haeredes vel Successores Nostri, de castero in posterum erigemus, ordinabimus, constituemus, aut crea- bimus infra hoc Regnum nostrum Anglias aliquem alium gradum, ordinem, nomen, titulum, dignitatem, sive statum, sub vel infra gradum, dignitatem, sive statum Baronum hujus Regni nostri Angliae, qui erit vel esse possit superior, vel aequalis gradui et dignitati Baronettorum predictorem, sed quod tam dictus et Haeredes sui MascuH prasdicti, quam uxores, filii, uxores filiorum, et filias ejusdem et haeredum masculorum suorum praedictorum, de caetero in perpetuum libere et quiete habeant, teneant, et gaudeant, dignitates, locos et praecedentias suas prasdictas prae omnibus, qui erunt de talibus gradibus, statibus, dignitatibus, vel ordinibus in posterum, ut praefertur creandi respec- tive secundum veram intentionem praesentium absq ; impedimento nostro, hasredum, vel successorum nostrorum, vel aliorum quorum cunque. Et ulterius per praesentes declaramus, et significamus beneplacitum et voluntatem nostram in hac parte fore et esse, Et sic nobiscum statuimus et decrevimus, quod si postquam nos prae- dictum numerum ducentorum Baronettorum hujus Regni Angliae compleverimus et perfecerimus, Contigerit aliquem, vel aliquos eorundem Baronettorum, ab hac vita discedere, absque Haerede masculo de corpore vel corporibus hujusmodi Baronetti vel Baron- ettorum procreate, quod tunc nos non creabimus, vel praeficiemus aliquam aliam personam, vel personas in Baronettum, vel Baronettos Regni Nostri Angliae, sed quod numerus dictorum Ducentorum Baronettorum ea ratione de tempore in tempus diminuetur, et in minorem numerum cedet et redigetur; Denique volumus, ac per praesentes, pro nobis, haeredibus et successoribus nostris de gratia nostra speciali, ac ex certa scientia et mero motu nostris concedimus praefato et Haeredibus suis masculis praedictis, quod hae litterae nostrae Patentes erunt in omnibus et per omnia firmae validae, bonae, sufficientes et effectuales in lege, tam contra nos, haeredes, et successores nostros, quam contra omnes alios quoscunque secundum veram intentionem earundem, tam in omnibus curiis 32 A HISTORY OF THE BARONETAGE nostris, quam alibi ubicunque. Non obstante aliqua lege, consue- tudine, praescriptione, usu, ordinatione, sive constitutione quacun- que antehac edita, habita, usitata, ordinata, sive provisa, vel in posterum aedenda, habenda, usitanda, ordinandi vel providenda: Et non obstante aliqua alia re, causa vel materia quacunque. ' Volumus etiam, etc. Absque fine in Hanaperio, etc. Eo quod expressa mentio, etc. In cujus rei, etc. Teste Rege apud West- monasterium vicesimo secundo die Maii, per ipsum Regem.' The last Baronet created by a Patent in Latin was Sir Gilbert Heathcote of London, the date of whose Patent was the 17th January 1732. The next Baronet created was Mr. Edward Turner of Ambrosden, whose Patent, dated the 24th August 1783, is in English, and in the following form, which form corresponds very approximately to the Patents in Latin which succeeded the earliest Patents of King James i. : — 'George the Second by the Grace of God. To all to whom these presents shall come Greeting. Whereas Our late Royal Pro- genitor King James the first made it one of the principal cares of his Government to plant and improve his Kingdom of Ireland and more especially Ulster a large province of that Kingdom which by the conduct and Arms of his said late Majesty being happily reduced to Obedience His said late Majesty laboured to establish in such manner that so great a province might not only flourish with the true Religion Civility and good manners but also with wealth and plenty of all things which might advance the State of a Comon Wealth In which undertaking his said late Majesties Royal Care did not only endeavour that the Plantation itself might be carried on Towns raised houses and Castles built and fields tilled but also that so a new and extensive Establishment of Civil Affairs should be protected and defended by an armed Force least any Hostile force or intestine defection might disturb or hinder the same And Whereas it was intimated to his said late Majesty THE CREATION OF A BARONET 33 on behalf of some of his faithful Subjects that they should be most ready to carry on that Royal undertaking both with their lives and fortunes And whereas his said late Majesty being moved with the prospect of so good and pious a work and kindly esteeming such generous affections and inclinations to his Service and the publick good resolved within himself to be wanting in nothing that might reward the said intentions of his Subjects or which might stir up the minds and good wills of others to do their endeavours and assist in that behalf therefore weighing and con- sidering with himself that virtue and industry are best nourished and encouraged by Honour and that all Honours and Dignityes derive their original and increase from the King as from a Fountain to whose Majesty and Regall State it properly belongs to erect and institute new Titles of Honour and Dignity as from whom the Ancient Titles flowed He judged it proper to repay new meritts with new Ensigns of Dignity Wherefore of his certain knowledge and mere motion after the manner of his Royal Progenitor of famous memory who had and exercised this prerogative of creating new Degrees of Honour amongst their subjects He of his Royal Power and Authority Ordained Erected Constituted and created a certain State Degree Dignity name and Title of Baronett within his then Kingdom of England to endure for ever and that the said State Title Dignity and Degree of Baronett should be and be reputed to be a middle State Title and Degree of Hereditary Dignity between the Degree of a Baron and the Degree of a Knight Now know ye that We of our Especial Grace certain knowledge and mere motion have erected appointed and created Our Trusty and Wel- beloved Subject of in the County of Esquire (a Man eminent for Family Inheritance Estate and Integrity of manners who generously and freely gave and furnished to us an Ayd and Supply large enough to maintain and sup- port thirty men in our Foot Companys in our said Kingdom of Ireland to continue for three whole years for defence of our said Kingdom and especially for the security of the Plantation of our said Province of Ulster, to and into the dignity state and degree of a Baronett and him the said for Us Our heirs and 34 A HISTORY OF THE BARONETAGE successors We do erect appoint constitute and create a Baronett by these presents To hold to him and the heirs male of his body lawfully begotten and to be begotten for ever We will also and do by these presents of Our especial grace certain knowledge and mere motion for Us Our heirs and successors do grant unto the said and to his heirs male aforesaid that he the said and his said heirs male may have enjoy hold and take place and precedence by virtue of the dignity of a Baronett afore- said and by force of these presents as well in all Commissions Writs Letters Patent Writings Appellations Nominations and directions as in all sessions meetings assemblies and places whatso- ever next and immediately after the younger sons of Viscounts and Barons of this our Kingdom of Great Britain and before all Knights as well of the Bath as Knights Batchelors and also before all Knights Bannerett now created or hereafter to be created, except those Knights Banneret which shall happen to be created under the Royal Banners displayed of Us Our heirs or successors in Our Royal Army in open war and the King himself being personally present and also ail those Knights Bannerett which shall happen to be created under the Royal Banners displayed of Us Our heirs or successors in Our Royal Army by the first born son of Us Our heirs or successors for the time being Prince of Wales then personally present in Open Warr and not otherwise for the term of their lives only and no longer respectively And also except all Knights of the Noble Order of the Garter And all of the Privy Council of Us Our heirs and successors The Chancellor and Under Treasurer of Our Exchequer, The Chancellor of the Duchy of Lancaster The Chief Justice of the King's Bench The Master of the Rolls in Chancery The Chief Justice of the Comon Pleas The Chief Baron of the Exchequer and all and singular Judges and Justices of either Bench and the Barons of the Exchequer of the degree of the Coif for the time being who all and singular by reason of their Honourable Order and labour sustained in affairs concerning the State and the administration of Justice shall have take and hold place and precedence in all places and upon all occasions before all Baronetts now created or hereafter to be created THE CREATION OF A BARONET 25 any custom usage ordinance or any other matter to the contrary in any wise notwithstanding And that the Wives of the said and of his heirs male aforesaid successively and respec- tively by virtue of the said dignity of their said Husbands shall have hold enjoy and take place and precedence as well during the lives of such their Husbands as after the deaths of the same Husbands for and during the natural lives of such Wives next and immediately after the Wives of the younger Sons of Viscounts and Barons and the Daughters of Viscounts and Barons and before the Wives of all persons before whom the Husbands of such Wives by force of these presents ought to have place and precedence And in regard that the said degree of Baronett is a degree of Hereditary Dignity The first born Son or Heir Male apparent and all the rest of the Sons and their Wives and the Daughters of the said and of his said heirs Male respectively shall have and hold place and precedence before the first born Sons and other Sons and their Wives and the Daughters of all Knights of whatsoever degree or order respectively And also before the first born Sons and other Sons and their Wives and the Daughters of all persons respectively before whom the Father's such first born Sons and other Sons and Daughters by force of these presents ought to have place and pre- cedence so that such first born Sons or Heirs Male apparent and their Wives as well during the lives as after the deaths of their said Husbands for and during their natural lives and such Sons, those Sons following immediately and next after the Wives of the first born Sons of such Baronetts shall have and take place and precedence before the first born Sons and the Wives of the first born Sons of every Knight of what degree or order soever And that the Younger Sons of the said and of his said Heirs Male and their Wives successively and respectively as well during the lives as after the deaths of their said Husbands for and during their natural lives shall in like manner have and take place and precedence next and immediately after the first born Sons, and the Wives of the first born Sons and before the younger Sons, and the Wives of the younger sons whatsoever of Knights aforesaid We will also and do by these presents for Us Our heirs and successors grant that the said 26 A HISTORY OF THE BARONETAGE shall be named appealed called plead and be impleaded by the name of Baronett and that the Style and addition of Baronett shall be put at the end of the name of the said and of his said Heirs Male in all our Letters Patent Commissions and Writts and all other Charters Deeds and Letters by virtue of these presents as the true lawful and necessary addition of dignity We will also and by these presents for Us Our Heirs and successors do ordain that before the name of the said and of his said Heirs Male aforesaid successively in English Speech and in all English writings shall be used and set this addition (to wit) Sir And that in like manner the Wives of the said and of his said Heirs Male shall use have and enjoy this appellation (to wit) Lady Madam and Dame respectively according to the manner of speaking And moreover of Our more abundant Grace and of our certain knowledge and mere motion We have granted and by these presents for Us Our Heirs and successors do grant unto the said and to his Heirs Male aforesaid that they and their descendants shall and may bear in a canton in their Coat of Arms or in an escutcheon at their pleasure the Arms of Ulster to wit the Hand Gules or a Bloody Hand in a Field Argent And that the said and his Heirs Male aforesaid successively and respectively shall and may have place in the Armies of Us Our Heirs and successors in the Troop nigh to the Banner of Us Our Heirs and successors in defence of the same (which is the Middle Station between a Baron and a Knight) and further We do hereby grant that the said and his Heirs Male aforesaid shall have two Assistants of the Body to support the Pall One as principal Mourner and four assistants to the same principal Mourner in their Funerals We will Moreover and do by these presents of our more ample Grace certain know- ledge and mere motion for us our Heirs and successors Covenant and Grant to and with the said and his said heirs male that We will immediately after the passing of these presents create and make the said a Knight and that We our Heirs and Successors will create and make the first born Son or heir male apparent begotten of the body of the said and THE CREATION OF A BARONET 37 of the bodyes of his heirs male aforesaid and every one of them a Knight as soon as he shall attain the age of One and Twenty Years although in the life time of his Father or Grandfather upon notice given thereof to the Chamberlain or Vice Chamberlain of the household of Us our heirs or successors for the time being or in their absence to any other officer or Member of Us our heirs or successors attending the person of us our heirs or successors. To have hold use and enjoy the same State degree dignity stile title place and precedence with all and singular the privileges and other the promises before granted to the said and his said heirs Male of his body lawfully begotten for ever Willing and by these presents for Us our heirs and successors Granting that he the said and his said Heirs Male and every of whom successively shall and may bear and have the same name state degree stile dignity title place and precedence with all and singular the privileges and other the promises And that the said and his said heirs Male and every of them shall successively be held Baronets in all things and shall be treated and reputed as Baronetts And further of Our more especial Grace certain knowledge and mere motion We have granted and do by these Presents for Us Our heirs and successors grant to the said and his said heirs Male that they and their heirs male respectively and other Baronetts made and hereafter to be made from time to time shall for ever have hold and enjoy their place and precedence among themselves according to the Priority and Seniority of his creation of a Baronet aforesaid and not otherwise nor in other manner And moreover of Our more abundant grace and of our certain Knowledge and mere motion We have granted and do by these presents for Us Our heirs and successors grant unto the said and his said heirs Male that neither We nor Our heirs or Successors will hereafter Erect Ordain Constitute or Create within this Our Kingdom of Great Britain any other Degree order name title Style dignity or state nor give or grant place precedence or pre-eminence to any person under or below the degree dignity or state of a Baron of Parliament of this Our Kingdom of Great Britain 38 A HISTORY OF THE BARONETAGE who shall be or may be or accounted used or reputed to be superior or equal to the degree dignity or place of a Baronet aforesaid nor shall any person under the degree of a Baron (except before excepted) by reason or colour of any Constitution order dignity degree office service place business custom use or other thing whatsoever now or hereafter have hold or enjoy place precedence or pre-eminence before a Baronett aforesaid But that as well the said and his said heirs Male as the Wives Sons Daughters and the Wives of the Sons of the said and of his said heirs Male respectively from hence- forth for ever shall freely and quietly have hold and enjoy their said dignity place precedence and privilege before all persons (except before excepted) who shall hereafter be created of such degree state dignity order name Stile or Title or to whom the title place precedence or pre-eminence as aforesaid shall be given or granted or who shall claim to have hold or enjoy any place or precedence by reason or colour of any Constitution order dignity degree office service place business custom use or other thing what- soever and before their Wives and Children respectively according to the true intent of these presents without the hindrance of Us Our Heirs or Successors or any other persons whatsoever Saving nevertheless and always reserving to Us Our Heirs and Successors full and absolute power and authority to continue and restore to any person or persons from time to time such place and precedence as at any time hereafter shall be due to them which by any accident or occasion whatsoever shall hereafter be changed any thing in these presents or any other cause or respect whatsoever to the con- trary thereof notwithstanding We Will moreover and do by these presents for Us Our heirs and successors grant and appoint that if any doubt or question as to any place precedence privilege or other thing touching or concerning the said and his said heirs Male and their Wives the first born Sons and their Wives the Younger Sons Daughters and Wives of the younger Sons or any of them shall hereafter arise which neither by these Our Letters Patent nor by other Letters Patent heretofore made in this behalf are determined such doubts or questions shall be deter- THE CREATION OF A BARONET 39 mined and adjudged by and according to such other rules customs and laws (as to place precedence or other thing concerning them) as other degrees of Hereditary Dignity are ordered governed and adjudged Lastly We will and do by these presents for Us Our Heirs and successors grant to the said and his said Heirs Male that these Our Letters Patent or the enrolment thereof shall be in and by all things good firm valid sufficient and effectual in the Law as well against Us Our heirs and successors as against all others whomsoever according to the true intent of the same as well in all Our Courts as elsewhere We will also &c. Without Fine in Our Hanaper, &c. In Witness, &c. Witness ourself at Westminster the day of By Writt of Privy Seal.' The long recital or preamble was later on abbreviated to the following, taken from a Patent, dated i6th January 1828 :— ' George the Fourth by the Grace of God &c. To all to whom these presents shall come Greeting. Whereas Our late Royal Pro- genitor King James the First ordained erected constituted and created a certain state degree and dignity name and title of a Baronet within his then Kingdom of England to endure for ever and that the said state title dignity and degree of a Baronet should be and be reputed to be a middle state title dignity and degree of Hereditary dignity between the degree of a Baron and the degree of a Knight. Now know ye that We, &c.' On the 19th December 1827 George iv. revoked the promise and grant contained in the Letters Patent of James i. for knighting Baronets and their Heirs Male when they should attain the age of twenty-one, as referred to hereafter, and consequently in all Patents issued after that date the clause which had hitherto appeared conferring these honours has not been inserted. 40 A HISTORY OF THE BARONETAGE Among the Baronets created on the 29th June 161 1 (the second batch) was Sir Roger Dalyson of Laughton, Lincoln- shire, but his original Letters Patent were omitted to be sealed. Accordingly, on the petition of his son Thomas Dalyson, a special warrant was granted on the 27th October 1624 to John, Bishop of Lincoln, Lord Keeper of the Great Seal for making, passing, and sealing Letters Patent, to bear date the 29th June 161 1, creating Sir Roger a Baronet, The following Memorandum preserved in the Public Record Office {State Papers, Domestic Series , James /., vol. clxiv. No. 38) refers to this : — '6 May 1624. *SiR, — His Ma*'® desires informacion from yow, touching that grant yow lately prepared for his Signature for the Baronetshipp of Sir Thomas Dallison ffor although his ffather Sir Roger Dallison was inrolled amongst the more ancient Baronettes, and paid the eleaven hundred poundes, having then a good estate in Land, but negligently forbare the passing of his Grant att that time : yett because the sonnes estate is much weakened & lesse then was required by the first institution, and that the number may be also otherwise full. His Ma*^® desires to know what prejudice, or incon- venience may fall out by the passing of this grant and how it will stand with the orders sett downe in the institution of the Baronettes his Ma*'® being well inclined to satisfie the Gentleman in this his sute if conveniently it may be done, & that in Justice he ought to have it. ffor the King would not for seemelines sake doe injustice. ' Excuse I pray yow the often trouble I give yow, and commaund in all yor uses. ' Yor assured friend to serve you (No signature). Greenwich, 6 May 1624. (Endorsed) 6 May 1624. To Mr. Atturney. THE CREATION OF A BARONET 41 The Form of Patent in use at the present time is of the simplest description, being as follows : — 'Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith to all to WHOM THESE PRESENTS SHALL COME GREETING know ye that We of Our especial Grace certain knowledge and mere motion have erected appointed and created Our trusty and well beloved of in Our county of Esquire to the dignity state and degree of a baronet and him the said do by these Presents erect appoint and create and We have appointed given and granted and by these Presents for Us Our heirs and successors do appoint give and grant unto him the said the name dignity state degree style and title of Baronet aforesaid to have and to hold the said name dignity state degree style and title of Baronet aforesaid unto him the said and the heirs male of his body lawfully begotten and to be begotten willing and by these Presents granting for Us Our heirs and successors that the said and his heirs male aforesaid and every of them successively may bear and have the name dignity state degree style and title of Baronet aforesaid and that they and every of them successively may be called and styled by the name of Baronet and that he the said and his heirs male aforesaid and every of them successively may in all things be held and deemed Baronets and be treated and reputed as Baronets And also that he the said and his heirs male aforesaid may enjoy and use and every of them successively may enjoy and use by the name of Baronet! aforesaid all 'and singular the rights privileges precedences and advantages to the degree of a Baronet in all things duly and of right belonging which other Baronets of England, Scotland, Great Britain, Ireland and the United Kingdom of Great Britain and Ireland have heretofore honourably and quietly used and enjoyed or as they do at present use and enjoy in witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster the day of in the year of our Reign. BY warrant under THE QUEEn's SIGN MANUAL.' 42 A HISTORY OF THE BARONETAGE Underneath is engrossed the name of the Secretary to the Lord Chancellor, and to the Patent is attached the Great Seal of England. On the back of the Patent is endorsed the following, or words to the same effect : — *The within Patent has been duly recorded in the College of Arms London pursuant to the tenor of a Royal Warrant bearing date the Third day of December 1783 for correcting and preventing abuses in the Order of Baronets and examined therewith this day of .' This is signed by the Registrar of the College of Arms. The Royal Warrant referred to is given in extenso in Chapter VL The following is the Form of the Patent of creation of Baronets of Ireland when the Degree was first instituted : — 'Jacobus dei gratia Anglie Scotie Francie et Hibernie Rex fidei defensor, etc. Omnibus ad quos presentes littere nostre pervenerint salutem Cum inter alias Imperii nostri gerendi curas quibus animus noster assidue exercetur ilia non minima sit nee minimi momenti de plantatione regni nostri Hibernie ac potissimum Ultonie magne et precelebris ejusdem regni provincie quam nostris jam auspiciis atque armis feliciter sub obsequii Jugum redactam ita constabilire elaboramus ut tanta provincia non solum sincero religionis cultu humanitate civili morumque probitate verum etiam opum affluentia atque omnium rerum copia que statum reipublice ornare vel beare possit magis magisque eiflorescat opus sane quod nulli progenitorum nostrorum prestare et proficcre licuit Quamvis id ipsum multa sanguinis et opum profusione sepius tentaverint In quo opere sollicitudo nostra regia non solum ad hoc excubare debet ut plantatio ipsa strenue promoveatur oppida condantur edes et castra exstruantur agri colantur et id genus alia sed etiam prospiciendum inprimis ut universus hujusmodi rerum civilium apparatus manu armata videlicet THE CREATION OF A BARONET 43 presidiis et cohortibus protegatur et communiatur Ncqua aut vis hostilis aut defectio intestina rem disturbet aut impediat Cumque super intimationem nobis antehac factam Quod quidam ex fidelibus subditis nostris regni nostri Anglie paratissimi fuerunt ad hoc Regium nostrum inceptum tam corporibus quam fortunis suis promovendum Nos comoti operis tam sancti ac salutaris intuitu atque gratos habentes hujusmodi generosos afFectos atque propensos in obsequium nostrum et bonum publicum voluntates perpendentes-que atque reputantes virtutem et industriam nulla alia re magis quam honore ali atque acui omnemque honorem et dignitatem splendorem et amplitudinem a Rege tanquam a fonte originem et incrementum ducere ad cujus culmen et fastigium proprie spectat novos honorum et dignitatum titulos erigere atque instituere ut pote a quo antiqui illi fluxerint consentaneum duxerimus postulantibus usu reipublice atque temporum ratione nova merita novis dignitatis insignibus rependere Ac propterea ex certa scientia et mero motu nostris more progenitorum nostrorum et predecessorum nostrorum Celebris memorie qui potestatem banc novus gradus inter subditos suos creandi habuerunt et exercuerunt de regali nostra potestate et authoritate ordinaverimus erexerimus constituerimus et creaverimus infra regnum nostrum Anglie quendam statum gradum dignitatem nomen et titulum Baronetti (anglice of a Baronett) infra dictum regnum nostrum Anglie perpetuis temporibus duraturum ac diversos fideles subditos nostros qui nobis auxilium et subsidium ad et versus defensionem dicti regni nostri et precipue pro securitate plantationis dicte provincie Ultonie prestiterint ad et in dictum dignitatis statum et gradum baronetti prefecerimus constituerimus et creaverimus per separales litteras nostras patentes Nos grata memoria recolentes fidelia servicia tam nobis quam precharissime nuper sorori nostre domine Elizabethe nuper Regine per quam plurimos subditos nostros dicti regni nostri Hibernie et progenitores suos non sine sanguinis et opum profusione prestita et impensa Necnon ipsorum animorum alacritatem et perseverantiam ad felicem statum dicti regni nostri Hibernie non solum continuandum sed in dies ampliandum con- siderantes justum et nobis honorificum futurum duximus paria merita et servicia paribus honoribus remunerare nostraque cura et pro- 44 A HISTORY OF THE BARONETAGE videntia regali efficere ut dictum regnum nostrum Hibernie eisdem legibus moribus religione et honoribus uti regnum nostrum Anglie in dies magis magisque efflorescat Nos igitur operis tarn honorifici complementum desiderantes ex certa scientia et mero motu nostris ac ex regali nostra potestate et authoritate de assensu et consensu predilecti et fidelis consiliarii nostri Oliveri S* John militis deputati nostri generalis dicti regni nostri Hibernie et secundum intentionem et efFectum letterarum nostrarum manu nostra propria signatarum gerentium datum apud Apthorpe tricesimo die Julii Anno regni nostri Anglie Francie et Hibernie decimo septimo et Scotie quin- quagesimo tertio predicto deputato et aliis directarum et in Rotulis Cancellarie nostre dicti regni nostri Hibernie Irrotulatarum quarum quidem litterarum tenor sequitur in hec verba videlicet Right trustie and welbeloved wee greete you well we have a purpose to make a certaine nomber of Baronetts in that our kingdome of Ireland accordinge the course in England soe much approved and intend- inge it as a reward for vertue it shalbe our care to advance such men onely to that dignitie as have well deserved of our Crowne either in warre or peace to the end that a title of such honnor descending to their posteritie may invite them to imitate the worth of their Auncestors uppon whom for their merittes by our good grace and favour it was worthily conferred Amongest the rest and before all others in that kingdom as a singuller marke of our favour towardes him wee have made choise of our trustie and right welbeloved and send you a bill to be passed under the greate Scale of that kingdome for the makinge of him a Knight Baronett signed for his better grace and honnor with our owne royall hand which wee require you to see performed according to this our pleasure And to lett him understand from us that findinge him soe faithfull and industrious a servaunte to us and soe usefull to the commonwealth in the place he holdeth we have freely bestowed this honnor uppon him without any suite of his and shall uppon all occasions give him such further testimony of that gratious opinion we have conceived of him as may lett him understand howe much we value a man of his honestie and able partes And for what you shall doe herein these our letters shalbe your warrant Given under our signett at THE CREATION OF A BARONET 45 Apthorpe the thirtieth day of July in the seaventeenth yeare of our Raigne of England ffraunce and Ireland and of Scotland the three and fiftieth Ac etiam secundum tenorem et effectum bille predicte in litteris nostris predictis specificate et in Rotulis Cancellarie pre- dicte Irrotulate ordinavimus ereximus constituimus et creavimus Ac per presentes pro nobis heredibus et successoribus nostris ordina- mus erigimus constituimus et creamus quendam statum gradum dignitatem nomen et titulum Baronetti infra regnum nostrum Hibernie perpetuo futuris temporibus duraturum Quodque status titulus dignitas et gradus predictus Baronetti sit erit et esse reputa- bitur status titulus dignitas et gradus dignitatis hereditarie loco medius inter gradum Baronis et gradum militis Sciatis insuper quod nos attendentes et gratiose considerantes quam plurima servicia nobis per dilectum et fidelem nostrum prefatum de in comitatu nostro in dicto regno nostro Hibernie antehac prestita ejusque fidem et alacritatem in plantatione dicti regni nostri Hibernie antehac promovenda ac ad eandem imposterum ampHandam et manutenendam de gratia nostra speciali ac ex certa scientia et mero motu nostris de assensu et consensu predictis Ac secundum intentionem et effectum dictarum litterarum nostrarum et bille predicte Ereximus prefecimus et creavimus eundem ad et in dignitatem statum et gradum Baronetti (anglice of a Barronett) dicti regni nostri Hibernie ipsumque Baro- nettum dicti regni nostri Hibernie pro nobis heredibus et successori- bus nostris prefecimus constituimus et creamus per presentes haben- dum sibi et heredibus masculis de corpore suo legittime procreatis imperpetuum volumus etiam et per presentes de gratia nostra speciali ac ex certa scientia et mero motu nostris pro nobis heredibus et successoribus nostris concedimus prefato et heredibus masculis de corpore suo legittime procreatis Quod ipse idem et heredes sui masculi predicti habeant gaudeant teneant et capiant locum atque precedentiam virtute dignitatis Baronetti pre- dicti et vigore presentium tam in omnibus commissionibus brevibus litteris patentibus scriptis appellationibus nominationibus et direc- tionibus quam in omnibus sessionibus conventionibus Cetibus et locis quibuscunque proxime et imediate post filios Juniores vice- 46 A HISTORY OF THE BARONETAGE comitum et Baronum dicti regni nostri Hibernie et pre omnibus militibus tarn de Balneo (Anglice of the Bathe) quam militibus Baccalaureis (anglice Bachelers) ac etiam pre omnibus militibus Bannerettis (anglice Banneretts) jam creatis vel imposterum creandis Illis militibus bannerettis exceptis quos sub vexillis nostris regiis heredum et successorum nostrorum in exercitu regali in aperto bello et ipso Rege personaliter presenti explicatis Ac etiam illis militibus bannerettis quos sub vexillis nostris regiis in exercitu nostro regali explicatis per primogenitum filium nostrum Carolum nunc Wallie principem Ibidem personaliter presentem in aperto bello et non aliter pro termino vitarum eorum tantummodo et non diutius creari contigerit respective Atque etiam exceptis omnibus militibus preclari ordinis Garterii ac omnibus de privato consilio nostro heredum et successorum nostrorum tam in regno nostro Anglie quam in regno nostro Hibernie subthesaurio Scaccarii Capitali Jus- ticiario de banco regis magistro Rotulorum cancellarie capitali Justiciario de communi banco capitali Barone Scaccarii et omnibus et singulis Judicibus et Justiciariis utriusque banci et Baronibus Scaccarii in regno nostro Hibernie pro tempore existenti ac omnibus aliis qui ante separales officiarios predictos aut eorum aliquem locum et precedentiam habere debent qui omnes et singuli ratione talis ordinis et in negotiis statum reipublice et Justitiam concernentibus impensi locum et precedentiam in omnibus locis et omni de causa pre omnibus baronettis dicti regni Hibernie imposterum creandis habebunt capient et tenebunt aliqua consuetudine usu ordinatione aut aliqua alia re in contrarium non obstante Quodque uxores dicti et heredum suorum masculorum predictorum virtute dicte dignitatis maritorum suorum predictorum habeant teneant gaudeant et capiant locum et precedentiam tam durantibus vitis hujusmodi maritorum suorum quam post eorundem maritorum mortem pro et durante vita naturali hujusmodi uxorum proxime et immediate post uxores filiorum Juniorum vicecomitum et Baronum et filias vicecomitum et Baronum ac pre uxoribus omnium quoruncunque pre quibus mariti hujusmodi uxorum vigore presentium habere debent locum et precedentiam Et pro eo quod gradus iste Baronetti gradus est hereditarius primogenitus filius sive heres THE CREATION OF A BARONET 47 masculus apparens ac ceteri omnes filii et eorum uxores et filie ejusdem et heredum suorum masculorum predictorum respective habeant et capiant locum et precedentiam ante primo- genitos filios ac alios filios et eorum uxores et filias omnium militum cujuscunque gradus seu ordinis respective ac etiam ante primo- genitos filios ac alios filios et eorum uxores et filias omnium quoruncunque respective pre quibus patres hujusmodi filiorum primogenitorum, ac aliorum filiorum et filiarum vigore presentium habere debent locum et precedentiam Ita quod hujusmodi filii primogeniti seu heredes masculi apparentes et uxores sue tarn in vita quam post mortem maritorum suorum predictorum pro durante vita eorum naturali et hujusmodi filie filiis istis imediate et proxime post uxores filiorum primogenitorum istiusmodi Baronettorum sequentibus habeant et capiant locum et precedentiam ante primo- genitum filium et uxorem primogeniti filii cujusvis militis gradus seu ordinis cujuscunque Et quod filii juniores predicti et heredum masculorum suorum predictorum uxores sue tam in vita quam post mortem maritorum suorum predictorum pro et durantibus vitis suis naturalibus similiter habeant et capiant locum et prece- dentiam proxime et imediate post filios primogenitos et uxores filiorum primogenitorum et ante juniores filios et uxores juniorum filiorum quorumcunque militum predictorum volumus etiam et per presentes pro nobis heredibus et successoribus nostris de gratia nostra speciali ac ex certa scientia et mero motu nostris concedimus quod predictus nominetur appelletur nuncupetur placitet et implacitetur per nomen Baronetti Et quod stilus et additio Baronetti apponatur in fine nominis ejusdem et heredum masculorum suorum predictorum in omnibus litteris paten- tibus commissionibus et brevibus nostris atque in omnibus aliis chartis factis atque litteris virtute presentium ut vera legittima et necessaria additio dignitatis volumus etiam et per presentes pro nobis heredibus et successoribus nostris ordinamus Quod nomini dicti et heredum masculorum suorum predictorum in sermone Anglicano et in omnibus scriptis Anglicanis preponatur hec additio videlicet anglice Sir Et similiter quod uxor ejusdem et heredum masculorum suorum predictorum habeant utantur et gaudeant hac 48 A HISTORY OF THE BARONETAGE appellatione videlicet anglice (lady madame and dame) respective secundum usum loquendi Et insuper de abundantiori gratia nostra speciali ac ex certa scientia et mero motu nostris concessimus ac per presentes pro nobis heredibus et successoribus nostris concedimus prefato et heredibus suis masculis predictis Quod ipsi et eorum descendentes gestare possint et valeant aut in Cantone in insignibus suis Anglice in a canton in their coate of armes aut in scuto (Anglice an escutchion) ad libitum suum insignia Ultonie (Anglice the armes of Ulster) videlicet manum gules vel sanguineam manum in campo argenteo (anglice a hand gules or a bloody hand in a field argent) Et quod predictus et heredes sui masculi predicti habeant et habebunt locum in exercitu nostro heredum et successorum nostrorum in Turma prope regale vexillum nostrum heredum et successorum nostrorum in defensionem ejusdem que proportio media est inter Baronem et militem Et ulterius concedimus quod predictus et heredes sui masculi predicti habebunt duos assistentes corporis ad supportandum pallium (anglice two assistants of the body to assist the pall) unum principalem atratum anglice a principall mourner et quatuor assistentes eidem principali atrato in exequiis suis volumus insuper ac per presentes de ampliori gratia nostra certa scientia et mero motu nostris convenimus et concedimus prefato et heredibus suis masculis predictis Quod nos heredes et successores nostri aut deputatus noster heredum et successorum nostrorum dicti regni Hibernie filios primogenitos seu heredes masculos apparentes de corpore dicti ac de corporibus heredum masculorum dicti procreatorum et unumquemque eorum quamprimum etatem viginti et unius annorum attigerit licet in vita patris vel avi sui super notitiam inde eidem deputato aut camerario vel vicecamerario hospitii nostri heredum vel successorum nostrorum pro tempore existenti aut in absentia eorum alicui alii officiario seu ministro nostro heredum vel successorum nostrorum personam nostram heredum vel successorum nostrorum attendenti datam in militem creabimus et faciemus creabit et faciet habendum tenendum utendum et gaudendum eadem statum gradum dignitatem stilum titulum nomen locum et precedentiam cum omnibus et singulis privilegiis et ceteris premissis preconcessis THE CREATION OF A BARONET 49 prefato et heredibus masculis de corpora suo exeuntibus imperpetuum volentes et per presentes concedentes pro nobis heredibus et successoribus nostris Quod predictus et heredes sui masculi predicti nomen statum gradum stilum dignitatem titulum locum et precedentiam predictam cum omnibus et singulis privilegiis et ceteris premissis successive gerant et habeant et eorum quilibet gerat et habeat Quodque idem et heredes sui masculi predicti successive Baronetti in omnibus teneantur et ut Baronetti tractentur et reputentur et eorum quilibet teneatur tractetur et reputetur Et ulterius de uberiori gratia nostra certa scientia et mero motu nostris concessimus ac per presentes pro nobis heredibus et successoribus nostris concedimus prefato et heredibus suis masculis predictis Quod numerus Baronet- torum dicti regni Hibernie nunquam posthac excedet in toto in aliquo uno tempore numerum centum Baronettorum et quod dicti Baronetti et heredes sui masculi predicti respective de tempore in tempus imperpetuum habebunt tenebunt et gaudebunt locum et precedentiam suas interse videlicet quilibet eorum secundum priori- tatem et senioritatem creationis Baronetti predicti Quotquot autem creabuntur Baronetti per litteras nostras patentes gerentes datum uno et eodem die illi et heredes sui predicti gaudebunt locis et pre- cedentiis suis inter se secundum prioritatem que cuilibet eorum dabitur per litteras nostras patentes in ea parte primo conficiendas sine impedimento et non aliter nee alio modo Et insuper de abun- dantiori gratia nostra speciali ac ex certa scientia et mero motu nostris concessimus ac per presentes pro nobis heredibus et succes- soribus nostris concedimus prefato et heredibus suis masculis predictis Quod nee nos nee heredes vel successores nostri de cetero imposterum erigemus ordinabimus constituemus aut creabimus infra dictum regnum nostrum Hibernie aliquem alium gradum ordinem nomen titulum stilum dignitatem sive statum nee dabimus aut concedemus locum precedentiam sive preheminentiam alicui persone sub vel infra gradum dignitatem sive statum Baronum parliamenti dicti regni nostri Hibernie qui erit vel esse possit aut habebitur usitabitur aut reputabitur esse superior anterior vel equalis gradui dignitati vel loco Baronettorum predictor urn Nee persona D so A HISTORY OF THE BARONETAGE aliqua infra gradum Baronis (exceptis preexceptis) ratione seu colore alicujus constitutionis ordinis dignitatis gradus officii servicii loci negotii consuetudinis usus seu alterius rei cujuscunque nunc aut imposterum habebit tenebit vel gaudebit locum precedentiam sive preheminentiam ante Baronettos predictos sed quod tam dictus et heredes sui masculi predicti quam uxor filii filie et uxores filiorum ejusdem ac heredum masculorum suorum predictorum respective de cetero imperpetuum libere et quiete habeant teneant et gaudeant dignitatem locum precedentiam et privilegia sua predicta pre omnibus (exceptis preexceptis) qui nunc sunt aut imposterum erint creati de talibus gradibus statibus digni- tatibus ordinibus nominibus stilis vel titulis vel quibustalis locus precedentia vel preheminentia ut prefertur dabitur vel concedetur vel qui habere tenere et gaudere clamabunt aliquem locum sive precedentiam ratione sive colore alicujus talis consuetudinis ordinis dignitatis gradus officii servicii loci negotii consuetudinis usus seu alterius rei cujuscunque ac pre uxoribus et liberis suis respective secundum veram Intentionem presentium absque impedimento nostro heredum vel successorum nostrorum vel aliorum quorum- cunque Salva tamen et nobis heredibus et successoribus nostris semper reservatis plena et absoluta potestate et authoritate con- tinuandi et restaurandi alicui persone sive personis de tempore in tempus talem locum et precedentiam qualia aliquo tempe posthac sibi debita erunt que per aliquem casum sive occationem quam- cunque imposterum mutabuntur Aliquam in presentibus aut aliqua alia re causa sive respectu quocunque in contrarium nonobstante Et ulterius per presentes declaramus et significamus beneplacitum et voluntatem nostram in hac parte fore et esse et sic nobiscum statuimus et decrevimus Quod si postquam nos predictum numerum centum Baronettorum dictorum regni Hibernie compleverimus et perfecerimus contigerit aliquem vel aliquos eorundem Baronettorum ab hac vita decedere absque heredibus masculis de corpore vel corporibus hujusmodi Baronetti vel baronettorum procreatis Quod tunc Nos non creabimus vel perficiemus aliquem aliam personam vel alias personas in Baronettum vel Baronettos dicti regni nostri Hibernie sed quod numerus dictorum centum Baronettorum ea THE CREATION OF A BARONET 51 ratione de tempore in tempus diminuetur et in minorem numerum cedet et redigetur volumus insuper ac per presentes pro nobis heredibus et successoribus nostris prefato et heredibus suis masculis predictis convenimus et concedimus Quod si dubi- tationes sive questiones alique (quo-ad aliquem locum precedentiam privilegium seu aliam rem) predictum et heredes masculos de corpore suo et uxores eorum primogenitos filios et uxores suos filias filios Juniores et Juniorum filiorum uxores sive eorum aliquem tangentes sive concernentes imposterum orientur que per has litteras nostras patentes jam determinate non existunt hujusmodi dubita- tiones sive questiones determinabuntur et adjudicabuntur per et secundum hujusmodi usuales regulas consuetudines et leges (quo-ad locum precedentiam privilegia seu alia ista concernentia) prout alius gradus dignitatis hereditarie ordinantur reguntur et adjudicantur denique volumus ac per presentes pro nobis heredibus et successoribus nostris de gratia nostra speciali ac ex certa scientia et mero motu nostris concedimus prefato et heredibus suis masculis predictis Quod he littere nostre patentes erunt in omnibus et per omnia firme valide bone sufficientes et efFectuales in lege tam contra nos heredes et successores nostros quam contra omnes alios quos- cunque secundum veram intentionem earundem tam in omnibus Curiis nostris quam alibi ubicunque Nonobstante aliqua lege con- suetudine prescriptione usu ordinatione sive constitutione quacunque antehac editis habitis usitatis ordinatis sive provisis vel imposterum edendis habendis usitandis ordinandis vel providendis Et non obstante aliqua alia re causa vel materia quacunque volumus etiam, etc. Absque fine in hanaperio, etc. Eo quod expressa mentio, etc. In cujus rei testimonium has litteras nostras fieri fecimus patentes Teste prefato deputato nostro generali regni nostri Hibernie Apud Dublin ultimo die septembris Anno regni nostri Anglie Francie et Hibernie decimo septimo et Scotie Quinquagesimo tertio Virtute litterarum domini Regis ab Anglia missarum et manu sua propria signatarum. The following is an example of the later Patent in English of a Baronet of Ireland, and is the one used for 52 A HISTORY OF THE BARONETAGE Sir Jonah Wheeler Denny Cuffe, the last creation of the Baronetage of Ireland : — 'George the Third by the Grace of God of Great Britain France and Ireland King, Defender of the Faith and so forth To ALL unto whom these presents shall come Greeting whereas the Most Illustrious Prince King James the first of Blessed Memory for the Security of Our Plantation of Our Province of Ulster in our Kingdom of Ireland of his mere Motion and Royal Power and Authority ordained constituted and created a certain State Degree Dignity Name and Title of Baronet within our Kingdom of Ireland to continue for ever and that the said State Dignity Title and Degree of Baronet should be and reputed an hereditary State Dignity Title and Degree between the Degree of a Baron and the degree of a Knight know ye therefore that We being well assured of the many and very faithful services of our Trusty and well beloved of in the County of Esquire and being fully certified of his Faith and Industry and also of his Ability and Chearfulness in advancing our said Plantation in our said Kingdom of Ireland and in enlarging and maintaining the same for the future of our special Grace certain Knowledge and mere Motion by and with the advice and consent of our Right Trusty and entirely beloved Cousin and Counsellor Charles Marquis Corn- WALLis our Lieutenant General and General Governor of our said Kingdom of Ireland and according to the Tenor and Effect of our Letters under our Privy Signet and Royal Sign Manual bearing date at our Court at Saint James's the fourteenth day of August one thousand seven hundred and ninety nine in the thirty ninth year of our Reign and now Enrolled in the Rolls of our High Court of Chancery in our said Kingdom of Ireland and remaining of Record in our said Court have advanced raised and created and by these presents We do for us our Heirs and Successors advance raise and create our said trusty and well beloved to the Dignity State and Degree of a Baronet in and of our said Kingdom of Ireland To have hold and Enjoy the said Dignity unto him the said and the Heirs Male of his body lawfully begotten THE CREATION OF A BARONET 53 and our Will is and by these presents of our special Grace certain Knowledge and mere Motion for Us our Heirs and Successors We do grant unto the said and the Heirs Male of his body lawfully begotten that he the said and the Heirs Male of his body lawfully begotten may have hold enjoy and take place and precedence by Virtue of the Dignity of Baronet and of these Presents as well in all Commissions Writs Letters patent writings appellations Nominations Appointments and Directions as in all Sessions Conventions Assemblies and places whatsoever next and immediately after the younger sons of Viscounts and Barons of our said Kingdom of Ireland and before all Knights as well of the Bath as Knights Batchelors and also before all Knights Banneretts heretofore created and hereafter to be created these Knights Banneretts only excepted who shall happen to be created under the Royal Banner of Us our Heirs and Successors displayed in a Royal Army in open War the King himself being personally present by the Eldest Son of the King there personally present in open War and not otherwise and also except all Knights of the Most Noble Order of the Garter and all those of the Privy Council of Us our Heirs and Successors as well in our Kingdom of England as in our Kingdom of Ireland Vice Treasurers of our Exchequer Chief Justices of our Court of Kings Bench Masters of the Rolls Chancellors Chief Justices of our Common Bench Chief Barons of our Exchequer and all and singular the Justices and Judges of each Bench and Barons of our Exchequer in our said Kingdom of Ireland for the time being and all others who before the several Officers aforesaid or any of them ought to have place and precedence and who by means of such Order and Business concerning the State Common Wealth and Justice ought to have and take place and precedence in all places before all Baronets of our said Kingdom of Ireland created or hereafter to be created any Custom Use Ordinance or any other thing to the contrary notwith- standing and that the Wives of the said and of the Heirs Male of his body lawfully begotten and to be begotten by Virtue of the Dignity of their Husbands may have hold and enjoy and take place and precedence as well during the Lives of such Husbands 54 A HISTORY OF THE BARONETAGE as after the death of the same Husbands for and during the natural lives of such Wives next and immediately after the Wives of the Younger sons of Viscounts and Barons and the Daughters of Viscounts and Barons and before the Wives of all those before whom the Husbands of such vv^ives by Virtue of these presents ought to have place and precedence And in regard that the said Degree of Baronet is hereditary to the Eldest Son or Heir Male apparent that the eldest son and all other the sons and their Wives and the daughters of the said and of his Heirs respectively may have and take place and precedence before the Eldest Son and other sons and their Wives and before the Daughters of all Knights of what Degree or Order soever respectively and also before the Eldest Son or other Sons and their Wives and the Daughters of all Persons whatsoever respectively before whom the Father of such Eldest son and other sons and their Wives and Daughters by Virtue of these presents ought to have place and precedence so that such Eldest son or Heir Male apparent and their Wives as well in the Lifetime as after the death of their Husbands aforesaid for and during their natural lives and such other sons and their Wives immediately and next after the Wife of such Eldest son being a Baronet may have and take place and precedence before the Eldest son and the wife of the Eldest Son of any Knight of any Degree or Order whatsoever and that the younger sons of the said and the Heirs Male of their Bodies and their Wives as well in the Lifetime as after the death of their Husbands aforesaid for and during their Natural Lives may have and take place and precedence next and immediately after the Eldest Sons and the Wives of the Eldest Sons and the younger sons and the Wives of the younger sons of any Knights whatsoever And our further Will is and by these presents for us Our Heirs and Successors We do grant that the said may be named called stiled and may plead and be impleaded by the name of Sir Baronet and that the Stile and addition of Baronet may be added at the end of the Name of the said and of the Heirs Male of his Body in all our Letters Patent Commissions and Writs and in all Charters Deeds and Letters by Virtue of these presents as a true legal and necessary addition of dignity And our THE CREATION OF A BARONET 55 further Will likewise is and by these presents for Us our Heirs and Successors we Order that before the Name of the said and the Heirs Male of his body in English Discourse and in all English Writing this addition that is to say *Sir' shall be put and likewise that the Wives of the said — and of the Heirs Male of his Body aforesaid may have use and enjoy these Titles that is to say 'Lady, Madam and Dame' respectively according to the manner of discoursing Moreover of our abundant Special Grace certain Knowledge and mere motion We have granted and by these presents for Us our Heirs and Successors We do grant unto the said and the Heirs Male of his Body aforesaid that they and their Descendants may wear and bear in a Canton on their Coat of Arms or in an Escutcheon at their Pleasure the Arms of Ulster that is to say an Hand gules or a bloody Hand in a field Argent and that the said and the Heirs Male of his Body aforesaid may and shall have a place in the Army of Us our Heirs and Successors in the Troop near the Royal Banner of Us our Heirs and Successors in Defence of the same which is the middle Degree or Station between Barons and Knights And further We do grant that the said and the Heirs Male of his Body aforesaid shall have two Assistants of the Body to support the Pall a Principal Mourner and four Assistants to the said Principal Mourner at their Funerals And our further Will is and by these presents of our more abundant special Grace certain Knowledge and mere Motion We have granted to the said and the Heirs Male of his Body aforesaid that We our Heirs and Successors or the Deputy of us our Heirs and Successors of our said Kingdom of Ireland the Eldest sons or Heirs Male apparent of the Body of the said and of the Bodies of the Heirs Male of the said begotten or to be begotten and each of them as soon as they shall attain to the age of twenty one years although in the lifetime of their Father or Grandfather upon Notice thereof to the said Deputy or Chamberlain or Vice Cham- berlain of the Household of Us our Heirs or Successors for the time being or in their Absence to any other Officer or Minister of Us our Heirs or Successors attending upon Us our Heirs or 56 A HISTORY OF THE BARONETAGE Successors shall make and create Knights To have hold and Enjoy the said State Degree Dignity Stile Title Name place and preced- ence with all and singular the Privileges and other the Premises before granted to the said and his Heirs Male of his Body issuing for ever Willing and by these Presents granting for Us our Heirs and Successors that the said and the Heirs Male of his Body aforesaid may bear and have and each of them may bear and have the name State Degree Stile Dignity Honor place and Precedence with all and singular the Privileges and other the Premises successively and that the said and the Heirs Male of his Body may successively be Baronets in all things and may be treated and reputed and each of them may be deemed treated and reputed as Baronets and that the said Baronets and their Heirs male of their Bodies aforesaid respectively from time to time for ever shall hold and enjoy their Places and Precedencies amongst themselves that is to say each of them according to the Priority and Seniority of his Creation but as many as shall be created by our Letters patent bearing date on one and the same day and their Heirs Male aforesaid shall enjoy without impediment their places and precedences between themselves according to the Priority which shall be given to each of them by our Letters patent in that behalf first executed and not otherwise or in other manner And further of our abundant special Grace certain knowledge and mere motion We have granted and by these Presents for Us our Heirs and Successors We do grant unto the said and the Heirs Male of his Body aforesaid that neither We our Heirs or Successors for the future shall make Ordain Constitute or create within our said Kingdom of Ireland any Degree Order Name Title Stile Dignity or State nor will We give or grant place precedence or pre-eminence to any person under or below the Degree Dignity or State of Barons of Parliament of our said Kingdom of Ireland who shall or can be or shall be had used or reputed to be superior or higher or equal to the Degree and Dignity or place of Baronets aforesaid (except as before excepted) but that as well the said and the Heirs male of his Body aforesaid as the Wives Sons and Daughters and the Wives of the sons of the said THE CREATION OF A BARONET 57 and of his Heirs Male aforesaid respectively for ever may freely and quietly have hold and enjoy their Dignities Places Precedences and Privileges aforesaid before all those (except as before excepted) who hereafter shall be created by such Degree State Dignity Order Name Stile or Title or to Whom such places precedences or pre- eminences aforesaid shall be given or granted or who shall claim to have hold or enjoy any place or precedence by means or colour of any such Custom Order Dignity Degree Office Service Place Business or any other Matter whatsoever and before their Wives and children respectively according to the true Intention of these Presents without any Impediment of Us our Heirs or Successors or any others whomsoever saving and notwithstanding and always reserving for Us our Heirs and Successors full and absolute Power and Authority of continuing and restoring to any person or persons from time to time such place and precedence as at any Time here- after shall be due to him or them who for any Cause or Occasion whatsoever hereafter shall be changed any thing in these presents or any other thing cause matter or respect whatsoever to the con- trary notwithstanding And our further Will is and by these presents for Us our Heirs and Successors We do grant unto the said and the Heirs Male of his body that if any Doubt or Question shall hereafter arise as to any place precedence privilege or other Matter aforesaid touching or concerning the said and the Heirs Male of his Body aforesaid and their Wives the Eldest Sons and their Wives the younger sons and the wives of the younger Sons or any of them which by these our Letters patent are not now determined such Doubt or Question shall be determined and adjudged by and according to such rules customs and Laws as con- cern such place precedence and privilege as other Degrees of Hereditary Dignities are ordered ruled and adjudged And further of our more abundant special Grace And by and with the advice and Consent aforesaid We do declare and signify our Pleasure and Royal Will in this behalf to be and so We have determined and appointed that the said and the Heirs Male of his Body lawfully begotten may be exonerated and discharged from all Charges and Payments whatsoever and from all services of what 58 A HISTORY OF THE BARONETAGE kind soever which are due or ought to be paid to Us our Heirs or Successors by means or consideration of the Honor and Dignity aforesaid any thing in these our Letters patent contained to the contrary notwithstanding And our Will is and by these presents for us our Heirs and Successors of our special Grace certain know- ledge and mere Motion We do grant unto the said and the Heirs Male of his Body aforesaid that these our Letters Patent or the Inrollment of them shall be in all things good firm valid sufficient and effectual in the Law as Well against Us our Heirs and Successors as against all others whomsoever according to the true Intention of the same as well in all our Courts as elsewhere wheresoever any Cause or Matter whatsoever to the contrary not- withstanding. Lastly our Will is that the said Baronet may and shall have those our letters Patent under the Great Seal of Ireland without any Fine great or small for the same unto our Hanaper to be rendered paid or made altho no express mention be made in these presents of the free yearly value or Certainty of the Premises or any of them or any other Gifts by Us or by any of our Progenitors made to the said Provided always that these our Letters Patent be inrolled in the Rolls of our High Court of Chancery in our said Kingdom of Ireland within the space of six Months next ensuing the date of these presents In witness whereof We have caused these our Letters to be made Patent Witness our aforesaid Lieutenant General and General Governor of our said Kingdom of Ireland at Dublin the day of in the year of our Reign.' The Patent of the Baronets of Scotland and Nova Scotia is naturally of much greater length than any of the preced- ing, it having been the original intention that each Baronet should obtain in addition to his dignity sixteen thousand acres of land in Nova Scotia, all particularly bounded and its limits ascertained in his Patent. The following is the Patent in full of Sir Robert Gordon of Gordonstown, the first Baronet created : — THE CREATION OF A BARONET 59 'CAROLUS, Dei gratia, Magnse Britannia?, Franciae, et Hiberniae, rex, fideique defensor, Omnibus probis hominibus totius terrae suae, clericis et laicis, salutem. Sciatis, nos, cum consilio et consensu praedilecti nostri consanguinei et consiliarii Johannis Marriae comitis, domini Erskine et Garioch, etc. magni regni nostri Scotiae thesaurarii, computorum rotulatoris, collectoris, ac thesaurarii novarum nostrarum augmentationum, ac dilecti et familiaris nostri consiliarii, domini Archibaldi Napier de Merchingstoun, militis, nostri in eisdem officiis deputati, ac etiam dominorum nostri secreti consilii ejusdem regni nostri Scotiae, nostrorum commissionariorum, pro propagatione religionis Christianae infra bondas regni et dominii nostri Novas Scotiae, jacen. infra terminos Americae, limitibus Novae Angliae confinis, per dilectum nostrum dominum Willielmum Alexander de Menstrie, militem, pro magnis suis sumptibus et impensis tarn mari et navigationibus, quam terra, non ita pridem inventi, et supervisi, nunc haereditarium proprietarium ejusdem regni, et dominii, et nostrum locum tenentem, et deputatum, infra easdem bondas, pro promptiori opere et auxilio in plantatione et policia ejusdem, et ad reducendum dictum regnum ad nostram obedientiam, proque bono et gratuito servitio nobis per dilectum nostrum Dominum Robertum Gordon, militem, filium quondam Alexandri Sutherlandiae comitis, et pro diversis aliis magnis et gravibus considerationibus, nos moven. Dedisse, concessisse, et disposuisse, tenoreque prassentis cartae nostrae, cum consilio antedict. dare, concedere, et disponere, prasfato praedilecto nostro Domino Roberto Gordon, militi, filio quondam Alexandri Sutherlandiae comitis, haredihus suis masculis^ et assignatis quibuscunque^ hareditarie^ ToTAM ET Integram illam partem et portionem diet, bondarum et terrarum regni et dominii Novae Scotiae, ut subsequitur, vulgari nostro sermone particulariter bondat. et limitat. To witt, Beginnand on the sea-cost at the south-w^est part of land, upon the eastmost side of that bay calHt Port de Montoun, and from thence going eastward thrie myllis alongst the cost, and from thence passing northw^ard from the said sea-cost unto the mayn land, anent these thrie myllis, till the quantitie thairof extend to sexteen thousand acres of land, keeping alwayis thrie myllis in bried ; cum castris, 6o A HISTORY OF THE BARONETAGE turribus, fortaliciis, maneriarum locis, domibus, aedificiis extructis vel extruendis, hortis, pomariis plantatis vel plantandis, toftis, croftis, parcis, campis, pratis, molendinis, multuris, terris molendinariis, et sequelis, silvis, piscationibus, tarn rubrorum quam alborum piscium, salmonum, aliorumque magnorum et parvorum piscium, tarn in salsis quam aquis dulcibus, advocatione, donatione, benificiorum ecclesiarum et capellaniarum, et juribus patronatuum earund. annexis, connexis, dependentiis, tenentibus, tenandriis, libera tenentium servitiis, una cum omnibus et singulis fodinis, mineralibus venis, saxis latoniis, tam metallorum et mineralium, regalium vel regiorum, auri et argenti, infra dictas bondas et terras, quam aliarum fodinarum ferri, chalybis, stanni, electri, cupri, plumbi, aeris, aurichalchi, et aliorum mineralium quorumcunque ; Una etiam cum omnibus et singulis pretiosis lapillis, gemmis, margaritis, unionibus, chrystallis, aluminibus, lie curell, et aliis ; Et cum plenaria potestate, privilegio, et juris- dictione liberae regalitatis infra totas et integras prasdictas bondas et terras, omnium et singularum partium, pendiculorum, pertinentium, privilegorium, et commoditatum earund. terrarum, aliorumque supra mentionat. Cum plenaria potestate et privilegio prasfato domino Roberto Gordon, suis hasredibus masculis, et assignatis, venandi, tentandi, fodiendi, eruendi, ac scrutandi fundum dictarum terrarum pro dictis fodinis, mineralibus, pretiosis lapillis, gemmis, margaritis, unionibus, aliisque supra script, et utendi omni legitima et ordinaria industria pro inventione et recuperatione eorundem, et lucrandi, extrahendi, evelandi, purgandi, examinandi, re-examinandi, et purificandi eadem, tam diet, aurum et argentum, quam alia metalla, pretiosos lapillos, margaritas, uniones, et alia supra mentionat, et eadem ad suos proprios usus convertendi et applicandi, similiter et tam libere quam praefatus dominus Willielmus Alexander, sui haeredes, et assignati, virtute originalis infeofamenti, ipsis desuper fact, et concess. de data apud Windsor, decimo die mensis Septembris, anno Domini millesimo sexcentesimo vigesimo primo facere potuerunt. Reservata tamen nobis, nostris hseredibus et successor! bus, decima parte regalium metallorum, communiter vocat. lie ore auri, et argenti, lucrandorum, et obtinendorum, omnibus temporibus a futuris, infra dictas bondas et terras, et reliquis metallis THE CREATION OF A BARONET 6i mineralibus, pretiosis lapillis, gemmis, margaritis, unionibus, aliisque quibuscunque, in usum et proprietatem prasfati domini Robert!, hasredum suorum masculorum, et assignatorum, in perpetuum integre cessuris, per ipsos intromittendis, cum omnibus proficuis, divoriis, et commoditatibus earund. Cum potestate etiam praefato domino Roberto Gordon, suis haeredibus masculis, et assignatis, asdificandi, extruendi, et erigendi infra bondas ejusdem et fundi terrarum, super quacunque parte earund. civitates, urbes, oppida, villas, burgos, baroniae liberos portus, sinus, navium habitationes, et stationes, infra eosdem, castra, turres, fortalicia, munimenta, extructiones, valles, aggeres, propugnacula, infra easdem bondas, terras, civitates, burgos, stationes, portus, aliaque loca quaecunque, tam per mare et littora, quam per terras, munita, supportata, et inhabitata, moenibus, et prasfidiis militum et armatorum, pro fortificatione, roboratione, tutela, et defensione earund. Et similiter erigendi, et constituendi nundinas, mercaturas, et mercemoniarium loca, infra dictas civitates, burgos, urbes, villas, et baroniae burgos, et infra aliquam aliam partem omnium et singularum dictarum bondarum et terrarum, vel in burgis, vel villis custodiend. observand. et manutenen. quibus temporibus, particularibus diebus, anni temporibus, locis et occasionibus, prout praefato domino Roberto, suis haeredibus masculis, et assignatis, expediens videbitur ; et imponendi, exigendi, tollendi, et recipiendi, omnes et quascunque tolonias, custumas, anchoragia, primitias, lie vrymguilts, carmarum salaria, lie doksilver, et alias divorias earundem civitatum, burgorum, oppidorum, villarum portuum, stationum, nundinarum, et fororum, prout prasfato domino Roberto, suis haeredibus masculis, et assignatis, magis videbitur expedien. cum omnibus et singulis privilegiis, Hbertatibus, et com- moditatibus eisdem spectan. Et similiter faciendi et constituendi capitanos, imperatores, ductores, et gubernatores, majores officiarios, praepositos, et balivos diet, civitatum, burgorum, urbium, villarum et burgorum baronise regalitatis, portuum, stationum, castrorum et munimentorum, una cum justiciariis pacis, constabulariis, aliis officiariis, tam in causis criminalibus, quam civilibus, pro regimine, vera et legitima administratione justiciae infra easdem, et reliquas bondas praescript, terrarum, bondarum, et littorum ; et si ipsis 62 A HISTORY OF THE BARONETAGE videbitur eosdem magistratus et officiaros, pro promptiori et meliori praefatarum bondarum regimine, alterand. et mutand. et ordinem ineundi pro ipsorum regimine, prout ipsis expediens videbitur, necnon faciendi, constituendi, et ordinandi hujusmodi particulares leges, ordinationes, et constitutiones, infra totas et integras praefatas terras et bondas, tarn in burgis quam in villis, prout ipsis expediens videbitur, omni tempore a futuro observandos, praevaricatores et contravenientes eisdem castigandi, corrigendi, et conformiter puniendi. Ac etiam, aedificandi et extruendi naves, navigia, et vasa, tam magna quam parva, tam bello quam mercimoniis apta ; vel infra dictum dominium Novas Scotise, et partes dictarum terrarum, praefato domino Roberto, suis haeredibus masculis, et assignatis, specialiter supra designat. Cum omni genere muni- tionum, bombardarum magnarum seu parvarum, pulveris sulphurei, globuli armorum, et omnium armorum, invasioni vel defensioni convenien. et omnibus aliis ingenii et belli exercitationibus. Et similiter, transportandi eisdem, aut quibuscunque aliis navibus ad dictum regnum Novae Scotiae, et speciales bondas supra designatas, tormenta, semitormenta, lie cannonis, semicannonis, fusilia, et alias munitiones, magnas seu parvas, pro defensione, salute, et tuitione dicti regni. Et similiter, cum expressa potestate, privilegio, et licentia, praefato domino Roberto, suis haeredibus masculis, assignatis et deputatis, vel aliis ipsorum nominibus, transportandi de dicto regno Scotiae, vel aliis nostris dominus, vel alio pro ipsorum arbitrio, omnes et quascunque personas, milites, bellicosos colonos, artifices, mercatores, vel alios strategos cujuscunque qualitatis, status, seu graduum, cum suis bonis, supellectilibus, equis, catellis, bovibus, ovibus, munitionibus, magnis seu parvis armis, provisionibus, et commeatu ad diet, fundum et terras, pro meliori armatu et pro- pagatione dictas plantationis. Et similiter, utendi et exercendi omni legitimo genere mercemoniarum, pro meliori policia earundem bondarum et terrarum, et excludendi, prohibendi, inhibendi, resistendi, repellendi, et invadendi vi et armis, omnes et quascunque personas intendentes plantationem, occupationem, vel possessionem dictarum bondarum et terrarum, vel ad exercendum, utendum, mercandum, aut negotiandum infra easdem, absque expresso avisamento, licentia. THE CREATION OF A BARONET 6^ et consensu dicti domini Roberti Gordon, suorum haeredum mascu- lorum, assignatorum vel deputatorum, ad id efFectum habito et obtento, et confiscandi, intromittendi, detinendi, et authorendi omnes et singulas naves, bona, catella, et supellectilia, vel per mare vel terras usurpantium in contrarium, et eadem ad proprios usus, utilitatem, et commodum dicti domini Roberti, suorumque praedict. applicandi, cum expressis vi^arranto et mandato omnibus nostris vicecomitibus, senescallis, et balivis regalitatum, justiciariis pacis, majoribus, senioribus, praepositis, balivis, et serjandis, constabulariis, et justiciae ministris quibuscunque, concurrendi, fortificandi, et assistendi praefato domino Roberto, suisque praescript. in eisdem, et in debita et legitima executione omnium et singulorum punctorum, clausularum, et articulorum, dictae cartae et infeofamenti ; Et quod paratam habeant navigationem ad omnes occasiones, pro suis hominibus, copiis, bonis, catellis, munitionibus, armis, loricis, com- meatu, et praeparationibus, ad et a dictis bondis et regni Novs Scotiae, cum ipsis, si videbitur, suis rationabilibus sumptibus et impensis, ut congruit. Cum potestate etiam praefato domino Roberto, suis hasredibus masculis, assignatis et deputatis, in casu rebellionis, tumultus, vel seditionis infra dictas bondas, fundum et terras, vel in cursu itinerum, vel navigationum, ad vel ab iisdem, ut si contigerit aliquam personam, vel personas, infra easdem bondas et terras, et qui erunt sub imperio et mandato eorum in dictis itineribus, et navigationibus, praevaricare et contraire ipsorum mandatis : In hoc casu, vel aliquo eorum casuum, utendi, et exercendi potestatem et privilegium omnium jurium militarium contra delinquentes, et reos puniendi, et corrigendi eosdem hujus legibus, prout ipsis vide- bitur expediens. Excludendo per praefentis cartae nostae tenorem, nostrum locum tenentem, et omnes alias personas quascunque, ab usu et exercitatione quarumcunquc legum militarium contra dictas personas, vel earum aliquam infra dictas bondas, in dictis itineribus et cursibus, in et abs eisdem ; exceptis dicto domino Roberto, suis haeredibus masculis,sassignatis vel suis deputatis tantum. Ac etiam, nos, pro nobis et successoribus nostris, cum consilio et consensu antedicto, tenore praesentis cartae eximimus, quiete clamamus, et liberamus praefatum dominum Robertum, suos haeredes masculos, 64 A HISTORY OF THE BARONETAGE et assignatos, ab omni poena, arrestatione, tortura, et executione jurium vel legum militarium, quae contra ipsos vel ipsorum aliquem, per nostrum locum tenentem, vel aliquam aliam personam, vel personas quascunque, instigi, intendi, vel exerceri, poterint. Et si contigerit etiam praedictas personas, vel aliquam ipsarum, sub imperio, manu- tenentia, vel dependentia dicti domini Roberti, suorumque praescript. abstrahere vel subducere se ipsos ab obedientia dicti domini Roberti, suorumque praescript. vel suis servitiis in dicta plantatione, et defen- sione ejusdem, vel per mare vel per terras, vel in ipsorum cursu et itinere ad et a dicto regno Novas Scotiae, vel subducere et abstrahere se ipsos, sua bona, vel catella, a ministerio et obedientia dicti domini Roberti, vel removere seipsos, vel bona, vel catella, a bondis et fundo earundem terrarum, vel ab hujusmodi partibus et portionibus earundem ; tunc, in iis casibus, vel aliquibus eorum foris facien. perdent et ammittent ipso facto omnes et singulas possessiones, terras, bona, et catella infra diet, terras existentia. Et licitum erit praefato domino Roberto, suis haeredibus masculis, assignatis et deputatis, confiscare, recognoscere, et possidere easdem terras, bondas, possessiones, bona et catella, et applicare eadem suis pro- priis usibus, libere, absque periculo juris, vel aliqua ulteriore de- claratura de eisdem. Et similiter, si aliquae venditiones, aliena- tiones, vel conditiones fiant inter praefatum dominum Robertum, suos hasredes masculos, assignatos, vel deputatos, cum quacunque alia persona seu personis, sive nativis dicti regni, sive ex- traneis, alienis, vel aliis personis quibuscunque, pro transportatione quorumcunque bonorum catellorum, mercemoniarium, mercium, ammunitionum, armorum, commeatuum, praeparationum, vel ali- orum quorumcunque, vel pro implemento cujuscunque facti vel factorum, praefato domino Roberto, vel suis praescript. vel infra dictum regnum Novae Scotiae, vel per mare cursum, vel transitum, in vel ab eodem regno, sub quibuscunque pcEnis vel pecuniarum summis : Et si fregerint aut violaverint eadem pacta, contractus, foedera, vel conditiones, vel defecerint in perficiendo et implemendo earundem, in damnum et detrimentum dicti domini Roberti, suo- rumque praescript. et impediant, et moram faciant diet, laudabili intentioni in saepefata plantatione, et policia ejusdem, tunc, et in THE CREATION OF A BARONET 65 lis casibus, vel in aliquo eorundem, licituin erit praefato domino Roberto, et suis praescript. intromittere, uti, et possidere eadem bona, catella, mercantia, pecuniarum summas, et alia, ad suos pro- prios usus, absque ulteriori processu aut declaratione juris. Nec NON cum expressa potestate et privilegio praefatis domino Roberto, suis haeredibus masculis, assignatis, et deputatis, suis hominibus, tenentibs^ et servis, infra dictas terras et bondas frequentandi, utendi, et exercendi, mercandi, negotiandi cum nativis et silvestribus dicti regni, et faciendi, capiendi, obcontrahendi pacem, et fidelitatem, affinitatem, et foedera cum ipsis, et familiaritatem et amicitiam cum eisdem frequentandi, et cum ipsorum ductoribus, gubernatoribus, et praecipientibus ; et, in casu offensionis, violationis officii, pro- missorum, vel amicitiae suis partibus, capiendi et utendi armis ad- versus eos omni hostili modo, tam per mare quam per terras, cum potestate et privilegio etiam praefato domino Roberto Gordon, et suis praescript. omni tempore a future, exportandi de dictis bondis et regno Novae Scotias, omnia mercimonia, mercantias, et com- moditates quascunque, et importandi et inducendi eadem in dictum regnum Scotias vel ad quascunque alias partes, pro ipsorum arbitrio ; nec non exportandi de dicto regno Scotiae et aliis locis quibuscunque, omnes mercantias, mercemonia, et commoditates quascunque, et inducendi et inferendi easdem dicto regno Novas Scotiae, pro solu- tione summae quinque librarum monetae Scotiae, custumae pro qui- buslibet centum libris tantum, absque solutione alterius cujuslibet acustumae, impositionis vel divoriae cujuscunque, tollendi, capiendi, vel inde exigendi per nos, haeredes, vel successores nostros, vel nostros publicanos, seu custumarios deputatos, vel officiarios, vel per aliam aliquam personam quamcunque, vel infra dictum regnum Scotia?, vel regnum Novae Scotias. Inhibendo, tenore praesentis carts nostrae, nostros custumarios et officiarios, ne exigant ulteriorem impositionem vel custumam ex eisdem, et de ipsorum officiis in hac parte ; cum potestate etiam saepefato domino Roberto, suisque prae- script, per seipsos suos deputatos, officiarios, et alios suis nominibus levandi, exigendi, et recipiendi ab omnibus nostris, et successorum nostrorum subditis, quos contigerit negotiari seu mercari infra dictas bondas, fundum, et terras supra designatas, portus, et stationes earund. £ 66 A HISTORY OF THE BARONETAGE quinque libras monetae ante diet, custumae pro quibuslibet centum libris omnium bonorum, mercimoniarum, vel commoditatum, vel importandorum eidem per ipsos, vel ipsorum aliquem, vel exeundi reportandorum ; et summam decem librarum ab omnibus extraneis, pro quolibet centum omnium bonorum, mercium, et mercimoniarum exportandorum et importandorum per ipsos, vel ipsorum aliquem, et id praeter et ultra dictam summam quinque librarum, nobis, et nostris successoribus, ut praemittitur, debitam. Et prjeterea nos pro nobis, nostris haeredibus, et successoribus, cum avisamento et consensu ante diet, tenore praesentis cartae nostrae volumus, con- cedimus, ordinamus et declaramus, quod dicta summa quinque librarum monetae ante diet, custumae designatae, ut praemittitur, solvend. nobis, haeredibus et successoribus nostris, custumariis nostris, et deputatis, pro omnibus bonis, mercimoniis, mercantiis, et com- moditatibus, vel exportandis de dicto regno Novae Seotiae, vel eidem importandis, serventur et reddantur praefato domino Willielmo Alex- ander, suis haeredibus et assignatis, nostri dicti regni locum tenentibus, et non aliis, pro spatio sexdeeem annorum diem datas praesentis cartae nostrae immediate subsequend. Et in hunc finem, quod Heebit praefato domino Willielmo Alexander, et suis praescript. tollere, exigere, petere, et recipere easdem acquittantias, et exonerationes desuper dare et concedere, quas nos, tenore prassentis cartae nostrae pro nobis, haeredibus, et successoribus nostris, volumus et declaramus sufficientes fore recipientibus dictarum acqittantiarum, et persol- ventibus dictam summam quinque librarum custumae. Et cum potestate praefato domino Willielmo Alexander, et suis praescript. durante dicto tempore, utendi et convertendi dictam summam quin- que librarum pro quolibet centum, sic ut praemittitur, levandi, suis propriis usibus et utilitati, prout ipsis videbitur expediens pro suo meliori auxilio, ope, et manu tenenti suorum onerum et expensarum in regimine dicti regni, et propagatione diet, plantationis. Et quam- quam nuUo modo lieitum sit alieno nobili vel generoso, terras habenti infra regnum Scotiae, transire de eodem obsque licentia nostra, nos pro nobis, haeredibus, et successoribus nostris, volumus, concedimus, ac tenore praesentis cartae nostrae declaramus, praesentem banc nostram cartam esse et fore sufficientem licentiam et warrantum, THE CREATION OF A BARONET 67 omni tempore a future, pr', contain a clause empowering them to sit in the Scottish Parliament by deputy, when they may be furth of the kingdom ; secondly, they grant that the Baronets, and those who colonise their free Baronies and Regalities in Nova Scotia, shall be judged, ruled, and governed, in all time coming, in all cases, civil and criminal, by the laws of the said Province of Nova Scotia only, and not by others ; thirdly^ they provide that the Baronets shall participate in all the privileges, liberties, immunities, profits, and casualties whatsoever, that are specified in the Charters and infeftments granted to Sir William Alexander, after- wards Earl of Stirling, and his heirs, and that in as full, free, and ample manner and form as if the said privileges, prerogatives, immunities, etc., with all the clauses and con- ditions relating to them, had been inserted at full length in their patents ; fourthly, they dispense with non-entry, and taking seisin in Nova Scotia, and grant authority to have seisin and instruments of possession taken on the Castlehill of Edinburgh, because the said Province of Nova Scotia, and original infeftment thereof, is holden of the ancient 158 A HISTORY OF THE BARONETAGE Kingdom of Scotland, and forms part of the county of Edinburgh ; j^M/y, they promise for King Charles i., his heirs and successors, in verbo principis, that the said Charters, with all and sundry the privileges, liberties, clauses, articles, and conditions, as specified, should be ratified, approved, and confirmed by the Parliament of Scotland, in order that they might have the strength, force, and effect of a decree and sentence of that supreme and pre-eminent tribunal ; and, sixthly, they stipulate and declare, that no lapse of time, prescription, non-user, or any adverse circumstance whatso- ever, shall ever bar the enjoyment of the rights which they convey. It should here be mentioned that the reason of Sir Robert Gordon being selected for the first recipient of the honour was that he, like Sir William Alexander, had been interested in the object of colonisation ; and that on the 8th November 1 62 1 a Charter similar to the one granted to Sir William on the loth September had been granted to Sir Robert and his second son Robert. Sir WilHam Alexander, who was appointed in 1626 one of the principal Secretaries of State for Scotland, was raised to the Peerage on the 4th September 1630 by the title of Viscount of Stirling and Lord Alexander, and three years later at the King's coronation at Holyrood was raised to the dignity of Earl of Stirling, Viscount of Canada, etc. The following precept may serve as an example of the form or warrant issued for preparing a Charter under the Great Seal, to convey, with the grant of lands, the title and honours of a Nova Scotia Baronet : — EARLY HISTORY 159 ' Precept of a Charter to William, Earl Marischal. ' Preceptum Carte fact, per S. D. N. Regem predilecto sue con- sanguineo Willielino Mariscalli Comiti Dno. Keith et Altrie &c. Regni Scotie Mariscallo heredibus suis masculis et assignatis quibus- cunque hrie [hereditarie] super tota et Integra ilia parte seu portione regionis et dominii Nove Scotie ut sequitur bondat. et limitat, viz. incipien. a maxima meridionali parte terre ex orientali latere fluvii nunc Tweid appelat. prius autem Sancti Crucis et exinde pergendo orientaliter sex miliaria per maris et littus et exinde pergendo bore- aliter a maris littore in terra firma ex orien. latere ejusdem fluvii observando semper sex milliaria in latitudine a dicto fluvio orienta- liter donee extendat. ad numerum quadraginta octo millium acrarum terre cum castris turribus fortaliciis &c. Quequidem terre aliaque in diet, carta ad Dominum Gulielmum AUexander de Menstrie hereditarie pertinuerunt et resignate fuerunt per ipsum in manibus diet. S. D. N. Regis pro hac Nova Carta et infeodatione Prefato predicto suo consanguineo Willielmo Mariscalli Comiti &c. desuper conficienda Preterea cum clausula unionis in unam integram et liberam baroniam et regalitatem omni tempore futuro Baroniam de Keith Marschell nuncupand. tenen. de diet. S. D. N. Rege et suc- cessoribus suis de corona et regno Scotie in libera alba firma pro annua solutione unius denarii usualis monete dicti regni Scotie super solum et fundum dictarum terrarum nomine albe firme si petatur tantum vel alicujus earundem partis in die festo nativitatis Domini nomine albe firme si petatur tantum Et quod unica sasina apud Castellum de Edinburgh capienda et erit sufficiens pro omnibus et singulis terris aliisque particulariter et generaliter suprascript. in dicta carta content, et cetera in communi forma cartarum Baronetis concess. Apud Aulam de Quhythall vigesimo octavo die mensis Maii Anno Dni. Millesimo sexcentesimo vigesimo quinto. ' Per Signet urn. ^ The form of Charter or Patent issued in accordance with the foregoing Precept has already been set out. On the 1 2th July following, Charles i. by a Charter of Novodamus ratified and renewed his father's grant in fee i6o A HISTORY OF THE BARONETAGE of Nova Scotia to Sir William Alexander, his heirs and assignees, with extensive additional powers and privileges. His Majesty having appointed the Castle of Edinburgh as the place for giving sasine by infeftment, that ceremony was performed and correctly implemented within the Castle- gate, on the 29th September 1625. The instrument of sasine bears that it was taken ' intra exteriorem portam,' and was duly recorded in the general Register of Sasines kept at Edinburgh, on the ist October following. This Charter and sasine form effectual instruments, and constitute a complete feudal right, title, and investment of the property. It is material to mark its being specially declared in verbo principis, that the Charters conveying these grants ' shall be valid, sufficient, and effectual, in all time coming, in all points as set forth, against the crown, its heirs, and successors ' — ' nor shall be lawfully impugned or called in question,' for ever acquitting and renouncing ' all title, action, instance, and interest heretofore competent, or that may be competent to us and our heirs and successors, renouncing the same simpliciter jure lite et causa, cum pacto de non petendo, etc' Between the 28th May 1625 — on which day the Premier Baronet of Scotland, Sir Robert Gordon, was created — and the 1 9th July following, nine other grants of land of sixteen thousand acres each, in Nova Scotia, were erected into free Baronies and Regalities, and, with the hereditary title of Baronet, were conferred upon Sir Alexander Strachan of Strachan ; Sir William Keith, Earl Marshall ; Sir Duncan Campbell of Glenorchy Campbell (now Marquess of Bread- EARLY HISTORY i6i albane) ; Sir Robert Innes of New Innes (now Duke of Roxburgh) ; Sir John Wemyss of New Wemyss (now Earl of Wemyss and March) ; Sir David Livingston of Dunipace Livingston ; Sir William Douglas of Douglas ; Sir Donald Macdonald of Macdonald (now Lord Macdonald) ; and Sir Richard Murray of Cockpool (now Earl of Mansfield). On the 19th July 1625, Charles i. acquainted the Lords of the Privy Council of Scotland that he had created the above Baronets in the following letter : — *To THE Privy Council of Scotland anent Baronettis * Charles R., * Right trustie and right welbeloued counsellour, right trustie and right welbeloued cosens and counsellouris, and trustie and welbeloued counsellouris, We greete you wele. Understand- ing that our late deare Father, after due deliberatioun, for furthering the Plantatioun of New Scotland, and for sindrie other goode consideratiounis, did determine the creatting of Knight Baronettis thair ; and that a proclamatioun wes maid at the mercatt croce of Edinburgh, to gif notice of this his Royall intentioun, that those of the best sort knowing the same might haif tyme to begin first, and be preferred unto otheris, or than want the said honnour in their awne default : And understanding likewayes, that the tyme appoyntit by the Counsell for that purpois is expyred, We being willing to accomplishe that whiche wes begun by our said deare Father, haif preferred some to be Knight Baronettis, and haif grantit unto thame signatouris of the said honnour, togither with thrie mylis in breadth and six in lenth of landis within New Scotland, for thair severall proportiounes : And now that the saidis Plantatiounes intendit thair, tending so much to the honnour and benefite of that our Kingdome, may be advanced with diligence, and that pre- paratiounes be maid in due tyme for setting furthe a Colonie at the next Spring, to the end that those who are to be Baronettis, and to help thairunto, may not be hinderit by comcing unto us for pro- L 1 62 A HISTORY OF THE BARONETAGE cureing thair grantis of the saidis landis and dignitie, bot may haif thame there with lesse trouble to themselffis and unto us, We haif sent a Commissioun unto you for accepting surrenderis of landis, and for conferring the dignitie of Baronet upon suche as salbe fund of qualitie fitt for the samine, till the nomber appoynted within the said commissioun be perfited : And therefore our pleasure is, That you exped the commissioun through the sealis with all diligence, and that you, and all otheris of our Privie Counsell thair, give all the lawfull assistance, that you can convenientlie afFoord for accomplisheing the said worke, whereby Colonies sould be sett furth ; and certifie from us, that as we will respect thame the more who imbrace the said dignitie and further the said plantatioun, so if ony Knight who is not a Baronet presoome to tak place of one who is Baronet, or if ony who is not Knight stryve to tak place of one who hes the honnour from us to be a Knight, inverting the order usuall in all civile pairtis, we will that you censure the pairty transgressing in that kynd, as a manifest contempnar of oure authoritie, geving occasioun to disturbe the publict peace. So recommending this earnestlie to your care. We bid you farewell. Windsore, the 19th of July 1625.' The Commission referred to in this letter was passed under the Great Seal of Scotland, 25th July 1625; and it empowered the Commissioners, or any six members of the Privy Council, with ' full authority and commission to meet at such days, and places, as they shall think expedient, and there to hear the petitions of his Majesty's subjects who intend the said plantation, and are willing to embrace the same, and to confer, make, and thereupon conclude with them to receive resignation of all lands lying within the country of New Scotland, which shall happen to be resigned in their hands as his Majesty's Commissioners by Sir William Alexander, or his lawful procurators in his name, EARLY HISTORY 163 in favour of any person or persons, and to give and grant new heritable infeftments under the Great Seal of his Majesty's said Kingdom (viz. of Scotland) to those to whom the said resignations are granted of the said Lands, and of the degree, state, order, dignity, name, honour, title, and style of Knight Baronet, with such like privileges, prerogatives, immunities, liberties, and others, whatsoever, which are granted, and to be granted, in the Charters already passed to the Baronets of the said Kingdom, made by his Majesty to be enjoyed and possessed heritably as an especial token of his royal favour.' The following Royal Proclamation was issued in August 1625 :— * Proclamatioun concerning Baronnettis. 'Apud Edinburgh penultimo die mensis Augusti 1625. * Forsameikle as our Souerane Lordis umquhile dearest Father of blissed memorie for diverse goode ressonis and considderationis moveing his Ma*i® and speciallie for the better encouragement of his Hienes subjectis of this his ancient Kingdome of Scotland towardis the plantatioun of New Scotland in America being graciouslie pleased to erect the heretable dignitie and title of Baronet as a degree of honour within the said kingdome (as formerlie he had done in England for the plantatioun of Ulster in Ireland) And being of intention to confer the said title and honnour of Barronet onlie upoun suche his Ma*^ subjectis of the said ancient Kingdome of Scotland as wald be undertakeris and fiirtheraris of the Plantatioun of New Scotland and performe the conditionis appoyntit for that effect Causit publict proclamatioun to be maid at the Mercat Croce of Edinburgh be advise of his Ma^ Counsell of the said Kingdome geving notice to the cheifF gentrie and all his Ma'^''^^ subjectis of that Kingdome of his Royall intention concerning the creating of Barronettis there, and that 1 64 A HISTORY OF THE BARONETAGE after a certain day now of a long tyme bypast prescryved be the said proclamatioun his Ma*^® wald proceid to the creating of Barronettis and conferring the said title and honnour upoun suche personis as his Ma*^® sould think expedient having performed the conditionis appoyntit for the said Plantatioun To the effect the cheifest Knightis and Gentlemen of the Kingdome haveing notice of his Ma*^®^ princelie resolutioun might (if thay pleasit be Under- takeris in the said Plantatioun and performe the appoyntit conditionis) be first preferred be his Ma*^'' and have the said heretable honnour and title conferred upoun thame and there aires maill for ever or otherwayes be there awne neglect and default want the same And now our Souerane Lord being most carefull and desireous that his said umquhile deerest Fatheris resolution tak effect for the weele of this his said Kingdome and the better furtherance of the said Plantatioun and otheris good considerationis moveing his Hienes, His Ma''^'^ hathe already conferred the said heretable honnour and title of Barronet upoun diverse his Ma^ subjectis of this his said kingdome, of goode parentage, meanis and qualitie and grantit chartouris to thame and there airis maill for evir under the Grite Seale of the said kingdome conteining his Ma^ grant unto thame of the said dignitie and of the particular landis and boundis of New Scotland designit unto thame and diverse liberties and priviledgeis contenit in there saidis patentis and is of the intention to grant the like to otheris And for the better furtherance of the said Plantatioun and performe the conditionis appoyntit for that effect and to haif the said honnour and title conferred upoun thame may not be hinderit nor delayit be going to Court to procure from his Ma*'® there severall patentis and grantis of the said dignity and landis in New Scotland to be grantit to thame but may haif the same heir in Scotland with lesse truble to his Ma*'® and chargis and expenssis to thameselfHs His Ma*'® of his royall and princelie power and speciall favour hathe geven and grantit a commission and full power to a select nomber of the Nobilitie and Counsell of this Kingdome whose names are particularlie therein insert or ony five of thame the Chancellair Thesaurair and Secretair being thrie of the five to ressave resignationis of all landis within New Scotland whilk sal EARLY HISTORY 165 happin to be resignit be Sir William Alexander knight Maistcr of Requestis to his Ma^"' for the said kingdome and his Ma^ Lieutennant of New Scotland in favouris of whatsomevir personis and to grant patentis and infeftmentis thairof againe to thame Together with the said heretable honnour and title thay haveing alwayes first performed to the said Sir William Alexander his aires or assignayis or thair laugh full commissionaris or procuratouris haveing there powers the Conditionis appoyntit for the furtherance of the said Plantatioun and bringing thame a certificat thairof in write under the handis of the said Sir Williame or his foresaidis to be shewn and producit before the saidis commissionaris And his Ma*"^ haveing likewayes gevin informatioun to the Lordis of his Secreit Counsell of this kingdome to certifie his subjectis thereof concerning his princelie will and pleasure anent the place due to the Barronettis and Knightis of the said Kingdome Thairfore the saidis Lordis of Secreit Counsell to the effect that nane pretend ignorance Ordanis letteris to be direct chargeing herauldis and officiaris of armeis to pas to the mercat croce of Edinburgh and all otheris placeis neidfull and mak publict intimatioun to all his Ma^ leiges and subjectis of this kingdome That all suche as intend to be Barronettis and Under- takeris in the said Plantatioun and to performe to the said Sir Williame or his foresaidis the Conditionis appoyntit for the further- ance of the said Plantatioun and haveing a certificat under his hand as said is may repair and resort to the saidis Commissionaris at all tymes convenient and ressave grantis and patentis from thame under the Grite Scale of this Kingdome of the landis of New Scotland to be resignit in there favouris to the said Sir Williame or his foirsaidis with the like liberties and priviledgeis and otheris whatsoevir as ar grantit to the Barronettis alreadie maid in thair patentis alreadie past under the said Grite Scale, and of the said heretable title and honnour of Barronett to thame and there aires maill for ever and tak place and precedence according to the dates of their severall patentis to be grantit to thame and no otherwayes And in like maner to mak publicatioun that his Ma^ princelie will and pleasure is That the Barronettis of this Kingdome maid and to be maid, haif, bald, tak, and enjoy in all tyme comeing freelie but ony impediment 1 66 A HISTORY OF THE BARONETAGE the place prioritie and precedence in all respectis grantit to thame in thair severall patentis under the said Grite Seale and that no Knight, Laird, Esquire, or Gentleman whatsoevir who is not a Barronett presoome in ony conventioun or meeting or at ony tyme place or occasioun whatsoevir to tak place praecedence or praeeminince befoir ony who is or sal heirafter be maid a Baronet neyther ony who is not a Knight tak place befoir ony who hathe the honnour to be a Knight thereby inverting the ordour used in all civile pairtis Certifieing all his Ma^ leiges and subjectis of this his kingdome and everie ane of them who sail praesoome to do in the contrair heirof That they sail be most seveirlie punist be his Ma"** and the saidis Lordis of his Counsell as manifest contempnaris of his Ma*^®* royall power and praerogative and thereby geving occasioun to disturb the publict peace. Subscribitur ut supra. [Geo. Cancell. Roxburgh MoRTOUN MeLROS WiNTOUN LaUDERDAILL] BUGCLEUGH As a result of the special precedency given to the Baronets, the Scottish Gentry who had not been raised to the dignity early complained, as will be seen from the following Memorandum : — * Conventioun of Estates : — Anent Baronettis. ' Apud Edinburgh secundo die mensis Novembris 1625. ' Anent the Petitioun gevin in be the small Barronis proporting that thay sustenit verie grite prejudice by this new erectit Ordour of Barronettis and the praecedencie grantit to thame befoir all the small Baronis and Freehalderis of this kingdome whairin thay pretendit grit praejudice in thair priviledgeis and dignityis possest be thame and thair praedecessouris in all praeceding aiges and thair- foir thay desyrit that the Estaittis wald joyne with thame in thair humble petitioun that his Ma*'® might be intreatted to suspend the EARLY HISTORY 167 praecedencie grantit to thir Barronettis untill the tyme that the Plantatioun for the whillc this dignitie is conferred be first per- formed be the Undertakeris Whairupon Sir William Alexander cheifF undertaker of this Plantatioun being hard and he having objectit unto thame his Ma^ royall prasrogative in conferring of honnouris and titles of dignitie in matteris of this kynd importing so far the honnour and credite of the cuntrey and that his Ma^ praerogative wald not admitt ony sort of opposition, and that this suspensioun of the Undertakeris praecedencie wald frustratt the whole Plantatioun After that the small Barronis had most humblie protestit that the least derogation to his Ma^ royall praerogative sould never enter in thair hairtis and that thair Petitioun was in no sort contrair to the same, and that thay acknawledged that the conferring of honnouris did properlie belong to his Ma*'® as a poynt of his royall praerogative. And thay undertooke that if it wer fund meete be his Ma*'" and the Estaittis that this Plantatioun sould be maid that thay upoun thair awin chairgis wald undertak the same without ony retributioun of honnour to be gevin thairfoir. The Estaittis haveing at lenth hard both the partyis It was fund be pluralitie of voittis that the Estaittis sould joyne with thame in thair petitioun foirsaid.' On the -2 7th October 1625, a Convention was held at Edinburgh. The Petition of the Scottish gentry was taken into consideration, with the result as shown in the following extract from the communication addressed by the Privy- Council to the King : — *MosT Sacred Soverane, 'The Convention of your Majesties Estaittis, which, by your Ma^ direction wes callit to the tuentie sevent day of October last being that day verie solemnlie and with a frequent and famous nomber of the Nobilitie Clergy and Commissionaris for the Shyres and Burrowis praeceislie keept, and the Taxatioun grantit, as our former letter to your Majestie did signifie. ' Upon the first second and thrid day of this moneth the Estattis 1 68 A HISTORY OF THE BARONETAGE having proceided to the considderatioun of the Propositions and Articles sende downe be your Ma*'^ &c. ' After that all thir Articles wer propouned hard discussit and answeirit be the Estaittis in maner foirsaid Thair wes some peti- tions gevin in be the small Baronis and Burrowis whairin thay craved that the Estaittis wald joyne with thame in thair humble Petitioun to your Ma*'® for obtaining your allowance thairof. *Thay had ane other Petitioun and greevance foundit upon the prasjudice alledged sustenit be thame by this new erectit Ordour of Barronettis and the praecedencie grantit to thame befoir all the small Barronis and Friehalderis of this Kingdome whairin thay prae- tendit grite praejudice in thair priviledgeis and dignityis possest be thame and thair praedecessouris in all praeceiding aiges. And thairfore thair desire wes that the Estaittis wald joyne with thame in thair humble Petitioun That your Ma"^ might be intreatted to suspend the praecedencie grantit to thir Barronettis untill the tyme that the Plantatioun for the whilk this dignitie is conferred be first performed be the undertakeris Whairupon Sir William Alexander cheif undertaker in this Plantatioun being hard and he haveing objectit unto thame your Ma^ royall praerogative in conferring of honnouris and titlis of dignitye in matteris of this kynd importeing so far the honnour and credite of the cuntrey And that your Ma^ praerogative wald not admit ony sort of oppositioun and that this suspensioun of the undertakeris praecedencie wald frustratt the whole Plantatioun After that the Small Baronis had most humblie protestit that the least derogatioun to your Ma^ praerogative sould never enter into thair hairtis and that thair petitioun wes in no sort contrair to the same hot that thay acknowledged that the conferring of honnouris did properly belong to your Ma*'® as a poynt of your royall praerogative And thay undertooke that if it wer fund meete by your Ma*'® and the Estaittis that this Plantatioun sould be maid That thay upoun thair awne chargeis wald undertak the same without ony retributioun of honnour to be gevin thairfoir. The Estaittis haveing at lenth hard both partyis It wes fund be pluralitie EARLY HISTORY 169 of voitis that the Estaittis sould joyne with thame in thair Petitioun foirsaid to your Majestic (Sic Subscribitur) Geo. Hay Roxburgh ' Edinburgh Mar Melros Octavo Novembris 1625 Mortoun B. Dumblane Wyntoun Arcd Naper Linlithgow Notwithstanding the support accorded to the Petition by the Convention, the King was determined that the new Degree erected by his royal father, and supported by him- self, should not be shorn of any dignity. He therefore not only refused the prayer of the Petition, but intimated his intention of conferring the additional honour of knighthood on each Baronet's eldest son, on his attaining the age of one- and-twenty, in the following letter addressed to his Privy Council : — ' To the Counsall ^[Charles R.] ' Right trustie and weilbeloued Counsellour Right trustie and weilbelovit Cousines and Counsellours Right trustie and weilbeloved Counsellours and trustie and weilbeloved Counsellours We Greet you Weill Wheras our late dear Father did determyne the Creating of Knyghts Barronetts within that our Kingdome haveing first had the advyse of his privie Counsall therunto whoise congratulatorie approbation may appear by a letter of thanks sent unto him thair- efter And sieing the whole gentrie war adverteised of this his Royall resolutioun by publict proclamationis that these of the best sort knowing the same might have tyme to begin first and be preferred unto uthers or then want the said honour in ther awin default a competent tyme being appoynted unto them by the said Counsall that they might the more advysedlie resolve with them seliEs therein. In consideratioun whairof we wer pleased to give a lyo A HISTORY OF THE BARONETAGE commission under our great seall wherby the saidis Knights Barronetts might be created according to the conditions formerlie condescendit upoun And heirefter hearing that sindrie gentlemen of the best sort wer admitted to the said dignitie we never haveing heard of aney complaynt against the same till the work efter this maner was broght to perfection it could not bot seame strange unto ws that aney therefter should have presented such a petition as was gevin to the last Conventioun so much derogatorie to our Royall prerogative and to the hindering of so worthie a work or that the samyne should have bene countenanced or suffered to have bene further prosecuted Now to the effect that the said work may have no hinderance heirefter our pleasur is that the course so advysedlie prescryved by ws to the effect foresaid may be made publictlie knowen of new wairning the said gentrie that they may ather procure the said dignitie for them selffis or not repyne at others for doeing the same And that you have a speciall care that none of the saidis Knyghts Barronetts be wronged in ther priviledges by punisching aney persone who dar presum to doe any thing contrarie to ther grants as a manifest contemner of our authoritie and disturbours of the publict peace And if it shall happin heirefter that the said Com- mission by the death or change of any persones appoynted Commis- sioneris to this effect shall neid be renewed Our further pleasur is that at the desyre of our trustie and weilbelovit Counsellour Sir William Alexander kny* our Secretarie or his aires the same be gevin of new to the Commissioneris of our Excheker the Chan- cellour Thesaurer or Thesaurer deputie or any tuo of them being alwyse of the number giveing them such power in all respects as is conteyned in the former Commission with this addition onlie that we doe heirby authorize our Chancellour for the tyme being to knyght the eldest sones of the saidis Knyghts Baronets being of perfyte aige of 21 zeires he being requyred to that effect And we will that a clause bearing the lyk power be particularlie insert in the said new Commission if upoun the caussis forsaid it be renewed And that the samyne by our said Chancellour be accordinglie per- formed, So we bid, &c. ^WhythallFeb. 12, 1626.' EARLY HISTORY 17 1 In accordance with the intimation contained in this letter of the King's intention to renew the Commission for the creation of Baronets of Scotland, and to knight their eldest sons on their attaining the age of twenty-one years, the King wrote the following letter to the Chancellor : — * [Charles R.] ' Right, &c. Wheras we have gevin Ordour by a former letter that the Commission formerlie grantit by ws for creating of knyght Barronettis in that our kingdome might be renewed at the desyre of Sir William Alexander our Livetenent of New Scotland or his Heynes whensoever they should desyre the samyne geving the power in tyme comeing to the Commissioners of our Excheker which the persones nominated in the preceiding Commission formerlie had and that the eldest sones of all Baronettis might be knyghted being of perfite aige of 21 yeirs whensoever they shall desyre the same according to ther patents under our greit seall give power to yow or our Chancellour thar for the tyme being to doe the same both for frieing ws from trouble and saveing them from charges which ther repairing thither for that purpois might procure Our pleasur is that yow caus renew and expeid the said Commission under our great seall as said is And in the meane tyme that yow knyght the eldest sones of all and everie ane of such Baronettis who being of 21 yeres of aige shall desyre the same without putting of them to aney charges or expenssis For doeing whairof, &c. So we bid, &c. Whythall 24 March 1626.' On the 30th March 1626, the following Royal Proclama- tion was issued from Holyrood : — ' Apud Halyrudhous penultimo Martii 1626. ' Forsamekle as our Soverane Lordis umquhile darrest Father of blissed and famous memorie out of his princelie and tender regaird of the honnour and credite of this his ancient kingdome of Scotland And for the better encourageing of the gentrie of the said kingdome In imitation of the verteous projectis and enterprises of others to 172 A HISTORY OF THE BARONETAGE undertak the Plantatioun of New Scotland in America determined with advise of the Lordis of his privie Counsell the creating of ane new heretable title of dignitie within the said kingdome callit Knight Barronet and to confer the same upoun suche personis of goode parentage meanis and qualitie as wald be undertakeris in the said Plantatioun And of this his Royall and princelie resolution Importing so far the honnour and credite of the Kingdome publica- tioun and intimatioun wes maid be opin proclamatioun with all solempnitie requisite to the intent those of the best not knawing the same might haif had time first to begin and to haif bene preferrit to otheris And then thrugh thair awne default or negligence the want of the said honnour to haif bene imputt to thameselffis Like as a competent tyme wes appoyntit and assignit be the saidis Lordis unto thame for that effect whairthrow they might the more adviscdlie haif resolved thairin And oure Souerane Lord following his said darrest Fatheris resolutionis in this poynt causit not onlie renew the said Proclamatioun Bot for the ease of his Ma^ subjectis and saulfing of thame from neidles and unnecessair travell chairgeis and expenssis grantit ane commissioun under his Grite Scale whairby the saidis Knightis Barronettis might be created and thair patentis exped in this kingdome Like as accordinglie sundrie Gentlemen of the best sort embraced the conditioun of the Plantatioun wer admittit to the said dignitie of Barronet and no question or objection wes moved aganis the same till the worke wes brought to a perfectioun then some of the gentrie repynning at the precedencie done to thir Barronettis whilk proceidit upon thair awin sleughe and negligence in not tymous imbraceing the conditionis of the said Plantatioun They maid some publick oppositioun aganis the precedencie done to thir Barronettis and so did what in thame lay to haif hinderit the Plantatioun foirsaid, whairof informatioun being maid to his Ma**® and his Ma**® considdering the goode and necessar groundis whairby first his said darrest Father and then himself wer moved to creat the dignitie and ordour foirsaid of Barronettis and his Ma**® continewing in a firme and constant purpois and resolutioun that the worke foirsaid sail yett go fordward and no hindrance maid thairunto Thairfore his Ma**® with advyse of the Lordis of his Secreit Counsell EARLY HISTORY 173 Ordanis letters to be direct chargeing Officieris of armes to pas to the Mercat Croce of Edinburgh and otheris places neidfull and thair be opin publicatioun mak said publicatioun and intimatioun of his Ma^ royall will and pleasur that the course so advysedlie prescryved be his Ma*'^ to the effect foirsaid salbe yitt followit oute And thairfore to wairne all and sundrie the gentrie of this kingdome That thay either procure the said dignitie for thameselffis Or not repyne at otheris for doing of the same And to command, charge and inhibite all and sindrie his Ma^ leiges and subjects that nane of thame presoome nor tak upoun hand to wrong the saidis Knightis Barronettis in ony of thair priviledgeis nor to doe nor attempt ony thing contrair to thair grantis and patentis Certifieing thame that sail failzie or doe in the contrair That thay salbe punist as con- tempnaris of his Ma*'^ inclination and disturbaris of the publick peace. ' [FoUowis His Majesties Missive for Warrand of the Act above writtin.] ' Right trustie and welbeloved Councellour, &c. (See supra^ p. 144O *So We bid you farewell Frome our Courte at Whythall the 12 of Februar 1626.' It was only natural that the Heralds and other Officials should expect the payment to them of fees by the newly created Baronets; but Charles i., on having the matter brought to his attention, and having made inquiry of the practice prevailing in England, directed that no fees should be demanded, although he raised no objection to their being voluntarily tendered. '[Charles R.] * Right, &c. Haveing considered your letter concerning the fees that ar clamed from the knyght Barronets thogh at the first it did appear unto ws that none could justlie challenge fees of them by vertew of any grant that was gevin befor that ordour was erected 174 A HISTORY OF THE BARONETAGE yet befoir we would resolve what was to be done heirin we caused enquyre of the cheff heraulds and other officers within this our kingdome wher the said dignitie of Barronet was first instituted by our late dear Father And doe find that the baronetts ar bund to pay no feyis nor did pay ever any thing at all save that which they did voluntarlie to the heraulds of whom they had present use And therfor sieing ther creation within that our kingdome is for so good a caus wherby a Colony is making readie for setting furth this next spring to begin a work that may tend so much to the honour and benefite of that kingdome we would have them everie way to be encouraged and not as we wryt befoir putt to neidles charges and our pleasur is that none as Baronetts to be made be bund to pay feys bot what they shalbe pleased to doe out of ther owin discretion to the heraulds or to any such officiers of whom they shall have use And as for ther eldest sones whensoever any of them is cum to perfyte aige and desyrs to be knighted let them pay the feyis allowed hertofor to be payed by other knights For doeing whereof We, &c. Oatlandis 28 July 1626.' ' Knightis Baronnettis and the Herauldis. ' Apud Halyrudhous vigesimo Septembris 1626. ' The whilk day the Letter underwritten signed be the Kingis Ma*'® conteneing a declaration of his Royall Will and pleasure anent the fees acclamed be the Herauldis and otheris from the Knyghtis Barronettis and thair eldest sones being presentit to the Lordis of Secreit Counsell and red in an audience They allowit of his Ma*'®^ will and pleasure thairanent And Sir Jerome Lindsay knight Lyon King at armes being callit upon and he compeirand personalie and his Ma^ will and pleasure in this matter being intimat unto him he with all humble and deutifull respect promeist that obedience suld be given thairanent. Of the whilk Letter the tennour followis ' Charles R. 'Right trustie, etc. (See supra^ p. 173.) ' And so We bid you farewell From our Courte at Oatlandis the 28 of Julij 1626.' In 1628, Sir William Alexander obtained an additional i EARLY HISTORY 175 grant from Charles i. of a very extensive district in Canada, on both sides of the river St. Lawrence, with all the rights of property, powers, and privileges which had been granted and confirmed to him, his heirs and assignees, in Nova Scotia. In the preamble of Charles i.'s Charter of 2nd February 1628, granting Canada to Sir William Alexander, it is stated that his Majesty was perfectly mindful of his * having sustained great charges and expenses in his various undertakings in the providing of ships, engines of war, ordinance and munitions in the conducting of Colonies ; as also in exploring, settling, and taking possession of the country,' — and ' for exciring the more earnest resolutions of the said Sir William Alexander, his heirs and assignees, portioners and associates, to further progress in so great an enterprise,' he had Canada added to his grants. Thus show- ing the high sense and satisfaction entertained by Charles i. and his Government of the progress made by Sir William Alexander in colonising Nova Scotia. In the succeeding year Charles i. addressed the following letters, both bearing date the 17th November 1629: — ' To THE CONTRACTERS FOR BaRRONETTS. '[Charles R.] ' Right, etc. Whareas wee understand that out of your regard to our service, and the honor of that our antient kingdome, for forther- ing the plantatione of New Scotland, soe, oftentimes recommendit by our late dear Father, and by our selff", you have agreet with our trustie, etc. Sir Williame Alexander, oure secretarie for Scotland, for advancing great soumes of money for that purpos, taking the benefitt that may arrise by the erectione of Barronettis of the number granted vnto him, as yet to be made for your releef, Wee do heartlie thank you 176 A HISTORY OF THE BARONETAGE for the same, and doe accept it as a most singulare service done unto ws, wishing you to proceed with confidence and diligence, that the nixt supplie may go out in time, fFor wee wilbe werie sorie and loath to sie you suffer for soe generous ane actione, which may tend soe much to our honour, and the good of that our kingdome ; and for your better encouragement, and more speedie repayment, wher- soever any persone of qualitie fitt for the dignitie of Barronet hath any particulare favor to crave of ws, wee will and allow yow, accord- ing to the severall charge that any of yow hath from ws, to require them first to accept of the said dignitie, according to the conditiones formerlie condiscendit upon, with others which shall male ws the more willing to gratiefie them, fFor wee desire much to have that work brought to perfectione. Soe willing that this our letter be recorded in the books of our Counsell and Exchecq"", We, &c. Whitehall, the 17 No"' 1629.' 'To THE Counsell. ' [Charles R.] ' Right trustie and right well-beloued Cousin and Counsellour, right trustie and well-beloued Cousins and Counsellouris, and right trustie and well-beloued Counsellouris, We Greete you well. ' Whareas, upon good consideration, and for the better advance- ment of the plantatione of New Scotland, which may much import the good of our service, and the honor and benefeitt of that our ancient kingdome, oure royall Father did intend, and we since have erected the order and titill of Baronet, in our said ancient Kingdome, which wee have since estabillished, and conferred the same upon divers gentlemen of good qualitie ; and sieing our trustie and weil- beloued counsellor Sir Williame Alexander knight, our principall secretarie of that our ancient kingdome of Scotland, and our Leiwe- tennant of New Scotland, whoe these many yeirs bygone has been at great charges for the discoverie thareof, hath now in end setled a Colonic thare, where his sone. Sir Williame, is now resident ; and we being most willing to afford all possible means of encouragement that convenientlie wee can to the Barronettis of that our ancient kingdome, for the furtherance of soe good a wark, and to the effect EARLY HISTORY 177 they may be honored, and have place in all respectis, according to their patents from ws, we have been pleased to authorise and allow, as be theis presents for ws and our successors we authorise and allow, the said Lewetennent and Baronettis, and everie one of them, and thare heirs male, to weare and carry about their neckis in all time coming, ane orange tauney-silk ribbane, whairon shall hing pendant in a scutchion argent a saltoire azeuer, thairon ane inscutcheeine of the armes of Scotland, with ane imperiall croune above the scutchone, and incircled with this motto. Fax Mentis Honesty Gloria : Which cognoissance oure said present Leivetennent shall deliver now to them from ws, that they may be the better knowen and distinguished from other persones : And that none pretend ignorance of the respect due unto them, Oure pleasure therefore is, that, by oppen proclamatione at the markett crosse of Edinburgh, and all other head borrows of our kingdome, and such other places as you shall think necessarie, you caus intimat our Royal pleasor and intentione herin to all our subjectis : And if any persone, out of neglect or contempt, shall presume to tak place or precedence of the said barronnettis, thare wifFes or childring, which is due unto them by thare Patents, or to wear thare cognoissance, wee will that, upon notice thareof given to you, you caus punish such ofFendars, by prisoning and fyning of them, as you shall think fitting, that others may be terriefied from attempting the like : And We ordane that, from tyme to tyme, as occasione of granting and renewing thair patents, or thair heirs succeiding to the said dignitie, shall offer, That the said poware to them to carie the said ribbine, and cog- noissance, shalbe tharein particularlie granted and inserted ; And Wee likewayis ordaine these presents to be insert and registrat in the books of our Counsell and Excheq"^, and that you caus registrat the same in the books of the Lyone King at armes, and heraulds, thare to remain ad futurum rei memoriam ; and that all parties having entres [interest] may have autentick copies and extractis thareof: And for your soe doing, These our lettres shalbe unto you, and everie one of you, from tyme to tyme your sufficient warrant and discharge in that behalf. Given at our Court of Whythall, the sevinteinthe of November 1629. M 178 A HISTORY OF THE BARONETAGE ' To our right trustie and right well-beloued cousin and coun- sellour ; to our right well-beloued cousins and counsellouris ; to our right trustie and well-beloued counsellouris ; and trustie and well- beloued counsellouris, the Viscount of Dupleine, our Chanceilor of Scotland, the Earle of Monteith, the President, and to the remanent Earls, Lords, and otheris of our Privie Counsell of our said king- dome.' The preceding letter was presented to the Privy Council of Scotland on the 24th December 1629, who thereupon framed the following Act: — 'Act anent the Cognoissance of the Knight Baronnets. ' Apud Halyrudhous 24 die mensis Decembris 1629. 'The whilk day the missive underwrittin signed be the Kingis Ma*'® being presented to the Lords of Secreit Counsell and read in thair audience The saids Lords according to the directioun of the said missive Ordanes the same to be insert and registrat in the Bookes of Privie Counsell and Exchecker And siclyke thay ordaned the same to be registrat in the Bookes of the Lyoun King at Armes and Heraulds thairin to remaine ad futuram rei memor'iam And that all parteis having interesse may have authentick copeis and extracts thairof. Of the whilk missive the tennour followes, ' Charles R. ' Right trustie and right &:c. (See supra^ p. 176.) Whitehall, the 17 of November 1629.' In February 1630, Baronets and others sent out a fleet of fourteen ships, furnished with men, women, children, and all necessaries, to commence a Colony, which they did at Port Royal, now called Annapolis. The Estates of Scot- land, on the 31st July 1630, ratified and confirmed the rights and privileges of the Nova Scotia Baronets, having ' dulie considered the benefit arising to the Kingdom by the EARLY HISTORY 179 accession of New Scotland, and the successful Plantation alreadle made there by the Baronets.' On the 31st July 1630, the Charters of James i. and Charles i. erecting the Baronets of Scotland and Nova Scotia, and all the acts and proceedings of the Privy Council there- anent, were approved and confirmed by the Parliament of Scotland. The following is a copy of the Act : — ' Apud Halyrudhous, ultimo die mensis Julij, 1630. 'The Estates presentlie conveened, all in one voice, ratifies, allowes, approves, and confirmes the Dignitie and Order of Knight Barounets, erected be his Ma^'^, and his lait deere Father of blessed memorie, and confered by thame upon sindrie Gentlemen of good qualitie, for thair better encouragement and retributioun of thair undertakings in the Plantatioun of New Scotland ; with all the acts of Secreit Counsell and proclamatiouns following thairupon, made for maintening of the said dignitie, place, and precedencie thairof, and ordains the same dignitie place and precedence dew thairto, to continew and stand in force in all tyme comming ; and that intimatioun be made heirof to all His Ma*'^'^ leiges be opin proclamatioun at the mercat croce of Edinburgh, and other places neidfull. 'The Estaites presentlie conveened, having dewlie considderit the benefite arysing to this Kingdome by the accessioun of New Scotland, and of the successfull plantatioun alreadie made there by the gentlemen undertakers of the same. In regarde whairof, and that the saids lands and territoreis of New Scotland, ar by the patent thairof made in favours of S*^ WiUiame Alexander of Men- strie Knight His Ma*^'^ Secretarie, annexed to the Crowne Thair- foir the saids Estaits all in one voice hes concluded and agreed, that His Ma^'® sail be petitioned to mainteane his right of New Scotland And to protect his subjects undertakers of the said plantatioun in the peaceable possessioun of the same As being a purpose highlie concerning his Ma*®'® honnour and the good and credite of this his ancient Kingdome.' i8o A HISTORY OF THE BARONETAGE On the 5th May 1631, Charles i. issued the following: — 'Signature of Commission for the Barronetts ' These conteyne ane Ratificatioun of the two former Com- missions of Barronetts and all Patents and Infeftments granted con- forme thairto, preceiding the date heirof, with ane new commission gevin power to certane Commissioners above nominat or any fyve of them to receave resignation of lands lyand within the countrie of New Scotland, upoun the resignation of your Ma*®'^ Secretarie Sir William Alexander Lieutennent of Nova Scotia ; and to grant infeftments thairupon of the saids lands to the persones in whois favours the samyne is made, togidder with the title and dignitie of Barronett : And also conteynes ane Ratificatioun of the Seall and Armes of New Scotland, with power to the saids Commissioners, with advyse of the said Sir William Alexander, to change the samyne : And last, conteynes ane Ratificatioun of ane warrant gevin by your Ma*'^ to the saids Barronetts for bearing and wearing of ane badge, and cognoscence, with a new warrant for bearing and wearing of the samyne in maner above specifeit, dischergeing the use of the saids former commissions efter the date heirof j and this to indure without revocation ay and whill the full number of Ane Hundreth and Fyftie Barronetts be made and compleit. Greenwich, 5 May 1631.' The Lords of the Privy Council of Scotland subsequently received the following letter from the King, dated at Green- wich, the 1 2th July 1631 : — '[Charles R.] ' Right trustie and right weilbelouit Cousine and Counsellour, &c. Seeing we have sene, by a letter from yow, the ordour of Barronets erected by our late dear Father and ws, for furthering the Plantation of New Scotland, was approved by the whole Estats of our king- dome at the last Convention ; And that we understand, both by ther reports that cam from thence, and by the sensible consideration and notice taken therof by our nyghbour cuntreyis, how well that work is begun. Our right trustie and weilbeloued counsellour Sir EARLY HISTORY i8i William Alexander our Leivtenncnt ther haveing fullie performed what was expected from him, for the benefite which was intendit for him by these Barronets, being verie desyreous that he should not suffer thcrin, bot that both he and others may be encouraged to pro- secute the good begining that is made, as we hartelie thank all such as hath contribute ther ayde by contracting with him for advanceing of the said work alreadie. Our pleasur is that yow seriouslie consider, either amongst yow all, or by a Committie of such as ar best affectionat towards that work, how it may be best brought to per- fection ; for we are so far (whatever contraversie be about it) from quyting our title to New Scotland and Canada, that we wilbe verie carefull to manteane all our good subjects who doe plant themselffis there, and lett none of the Barronets anyway be prejudged in the honour and priviledges conteynit in ther Patents by punisching of all that dare to presume to wrong them therin, that others may be encouraged to tak the lyk course, as the more acceptable unto ws and the nearer to a title of Nobilitie, wherunto that of Barronets is the next degrie : And if the said Sir William as our Livetennent of New Scotland shall convene the Barronetts to consult togidder concerneing that Plantation, we herby authorise him, and will yow to authorise him as far as is requisit for that effect, willing that Proclamatioun be made of what we have signifeid, or of what yow shall determine for furthering that work, wherof we recomend the care to yow, as a matter importing speciallie our honor and the good of that our ancient kingdome. From our Mannour at Greenwiche, the twelfe day of Julij 1631.' On the 28th of the same month the following Proclama- tion was issued from Holyrood : — ' Apud Halyrudhous, 28 Julij 1631. ' Forsamekle as the order of Barronnets erected by our Souerane Lord and his lait dear Father of blessed memorie for fordering the plantatioun of New Scotland wes approvin be the whole Estaits of this kingdome at the last Conventioun and his Majesties under- standing by many reports that come from hence, and by the sensible 1 82 A HISTORY OF THE BARONETAGE consideratioun and notice taken thairof by nighbour countreis how Weill that work is begun, His Majesteis right traist cousine and counseller the Viscount of Stirline his Majesteis lieutennent there haueing fullie performed what wes expected from him for the benefite whilk wes intendit by these Baronnets : And His Majestie being verie desirous that he sould not suffer thairin but that both he and others may be encouraged to prosecute the good beginning that is made His Majestie for this effect is so farre (what ever con- traversie be anent it) from quitting his title to New Scotland and Cannada that his Majestie will be verie carefull to mainteane all his good subjects who doe plant thameselfes there and will lett none of the Baronnets be anie waye prejudged in the honnour and priviledges conteanit in thair Patents, bot will punische all that darre presoome to wrong thame thairin, for encourageing of others to take the lyke course as the more acceptable to his Majestie and the nearer to ane title of nobilitie whairunto that of Baronnet is the nixt degree And Ordanis letters to be direct chargeing officiaris of armes to pas and make publicatioun heirof be opin proclamatioun at the Mercat Croces of the heid Burrowes of this kingdome and uther places neidfull, quhairthrow nane pretend ignorance of the same.' At a meeting of the Privy Council held at Holy rood the same day, the following Commission was granted : — 'Commission anent Baronnets ' The Lords of Secreit Counsell for the better furderance and advancement of the plantatioun of New Scotland, Gives and grants Commission be thir presents to Thomas Erie of Hadinton Lord Privie Scale, George Erie of Wintoun, Alexander Erie of Lin- lithgow, Robert Lord Melvill, Johne Lord Tracquair, Archibald Lord Naper, David Bishop of Rosse, Sir Archibald Achesone Secretarie, Sir Johne Hamiltoun of Magdalens Clerk of Register, Sir Thomas Hope of Craighall knicht baronnet Advocat, Sir George Elphinstoun Justice Clerk, Sir Johne Scot of Scotistarvet, and Sir James BailHe, Or anie fyve of thame without excluding of anie others of the Counsell who sail be present To conveene and meit EARLY HISTORY 183 with William Viscount of Stirline and the Knights Baronnets at such tyme and place as the said Viscount of Stirline sail appoint And to conferre with thame upoun the best meanis for the furdering of the said Plantatioun And to make and sett doun Overtures thereanent And to present and exhibit thame to the saids Lords to the intent they may allowe or rectifie the same as they sail thinke expedient *Followes his Majesteis missive for Warrand of the Act above writtin. * Charles R. ' Right trustie and weilbelouit Cousine and Counsellour . . . (See supra^ p. 180.) 'From our Mannour at Greenwiche, the tw^elf day of Julij 1631.' On the 14th of June 1632, Charles addressed a letter to the Lord Advocate requiring him ' to draw up a sufficient warrant for our hand, to pass under our great seal, to our right trustie the Viscount of Stirling, to go on with the work of planting Nova Scotia'; and on the 15th of August following he addressed a letter to the Baronets of Scotland, both of which letters show his anxiety that the Baronetage of Scotland and Nova Scotia should realise the objects for which it was created. On the 24th of April 1633, the King wrote to the Lords of Council signifying his pleasure that, whensoever any of his subjects of England or Ireland should take lands holden of him in New Scotland, their Patents should be passed at as easy a rate as if they were natural subjects of Scotland, and that there was no truth in the report that he had totally lost his intention of planting in Nova Scotia, and that he intended to prosecute the work, and complete the intended number of Knight Baronets. 1 84 A HISTORY OF THE BARONETAGE The King being in Scotland the following June, the Par- liament on the 28 th of that month passed an Act containing the following clauses : — 'Our Sovereign Lord, and Estates of this present Parliament, ratifies and approves the Act of General Convention of Estates at Holy-rude House the sixth day of July, in the year of God 1630, whereby the said Estates have ratified and approved of the Dignities and Order of Knight Baronet, with all the acts of Secret Council and proclamations following thereupon, made for the maintaining of the said dignity, place, and precedencie thereof.' 'And His Majestie and Estates aforesaid will, statute, and ordain, that the said letters patent charters and infeftments, and the said dignity, title, and order of Baronets, and all letters patent and infeft- ments of land and dignities granted therewith to any persons what- soever, shall stand and continue in force, with all liberties, privileges, and precedencies thereof, according to the tenor of the same, and in as ample manner as if the bodies of the said letters patent, infeftments, &c., were herein particularly ingrost and exprest, and ordain intima- tion to be made thereof by open proclamation to all his Majestie's Hegis at the Market Crosse of Edinburgh, and other places needful, that none pretend ignorance thereof.' The effect of this Act was to give to the Charters of the Stirling family and of the Baronets the force and effects of Acts of Parliament, and by the Charters referred to in the statute the province of Nova Scotia was annexed, and incor- porated with the kingdom of Scotland, and made an integral part and portion of that realm. On the 14th September 1633, Charles issued a Commission for the purpose of passing infeftments to lands in Nova Scotia, which Commission the Lords of the Privy Council took upon them on the 1 5th of February following. At this sederunt the Council ordered letters to be issued EARLY HISTORY 185 charging officers of arms to pass and make publication by open proclamation at the market crosses of the head burghs of the kingdom and other places, an Act embodying the letters of Charles i. already quoted, expressing his Majesty's intention of continuing the plantation of Nova Scotia, and to encourage it by all lawful helps thereunto, as well by completing the intended number of Baronets as otherways. From this date until Charles's death in 1649, ^^e creation of Baronets continued ; and during his reign, from the erec- tion of the dignity in Scotland in 1625 until his death, one hundred and twenty-two Baronets appear to have been created, of whom about one hundred and eleven had grants of 16,000 acres each, which were erected into free baronies and regalities. Owing to the state of the Stirling family, and the civil war, the Baronets of Nova Scotia created from 1638 to the Union in 1707 did not receive the stipulated territorial qualification of 16,000 acres of land with their titles. As, however, by the original arrangement no Baronet was to be created in Scotland except for the purpose of planting Nova Scotia, and as the Commission to the Privy Council autho- rised the creation of a hundred and fifty Baronets, the members created after 1638 were equally entitled to have grants of land with those created before that date. The Earl of Stirling, on the 29th January 1640, executed a deed constituting two Writers to the Signet his procurators for receiving the composition and sums of money for dis- posing and resigning certain proportions of land in Nova Scotia, and procuring to sundry persons the infeftments of 1 86 A HISTORY OF THE BARONETAGE the same from his Majesty, with the honour and dignity of Baronet. This was the last act of the Earl of Stirling with reference to the creation of Baronets, he dying shortly afterwards. There is evidence in existence that at this period Long Island, or, as it was then called, Stirling Island, was a flourishing colony ; and from that time to the Union a series of official records exists, showing that the rights of the Stirling family and of the Baronets were allowed. In 1656, Sir Charles St. Estienne, created a Baronet 30th November 1629, who had built a fort called La Tour on the east side of the St. John's river, and had made good his occupation for several years against the French, came over to England, and made good his title under Sir William Alexander, when his right was restored by Oliver Cromwell. In 1 69 1, William and Mary granted a Charter to the colony of Massachusetts Bay, in which Acadia, or Nova Scotia, is mentioned, and reservation made of the lands and hereditaments of any person or persons, bodies public or corporate, to whom, by virtue of any previous grant, they might belong; and seven years later, in 1698, the Charter of Sir Robert Gordon, the premier Baronet, was officially recognised and confirmed by William in. by the following sign-manual : — ' These contain your Majesty's warrant for a Charter to be passed under your Great Seal of Scotland, in favour of Sir William Gordon, of the title and dignity of Baronet, and the lands and barony of Gordon in Nova Scotia, in America, annexed thereto.' The Great Seal Record of Scotland accordingly bears that EARLY HISTORY 187 upon the 27th June 1698 a Charter of Novodamus passed upon this Royal Warrant, and infeftment was taken as authorised by the Charter at the Castle of Edinburgh, and duly recorded in the Register of Sasines. Various other Baronets resigned their grants and titles into the hands of the Crown during the same reign, and procured patents of Novodamus. By the Act of Union in 1707, nine years after the date of this Charter of Novodamus to the premier Baronet, it is stipulated, declared, and irrevocably settled, that ' whilst the laws which concern public right, policy, and civil govern- ment may be made the same throughout the United Kingdom of Scotland and England, no alteration shall be made in the laws which concern private rights, except for the evident utility of the subjects within Scotland.' Two years after the Union there was a restitution by the French of the possessions of the Scottish Crown, but whether the Baronets took any steps at the time for the recovery of their estates in Nova Scotia does not appear. CHAPTER V THE PRIVILEGES OF THE DEGREE The covenanted privileges conferred on the Baronetage are : — Under the first Letters Patent : — I. The dignity, state, and degree of Baronet. 11. Precedency for themselves, their wives, children, and others. III. Style and title. IV. Only two hundred Baronets of England to exist at one time. V. No degree, order, name, title, dignity, or state under the degree, dignity, or state of Barons of England to be ever created which would or could be superior or equal to the degree and dignity of Baronet. VI. If any Baronet of the said two hundred should die without heirs male, no other Baronets of England to be created, but the number of two hundred to diminish accordingly. Under the second Letters Patent the privileges are : — VII. A newly defined precedency. 188 THE PRIVILEGES OF THE DEGREE 189 VIII. A repetition of privilege No. V., with the addition that no person or persons beneath the degree of Lords of Parliament of England, except the persons enumerated, should ever have place, pre- cedence, or pre-eminence over, or equality with, Baronets ; and that no person or persons should have or take place between Baronets and the younger sons of Viscounts and Barons [hereditary, of course]. And, as an ampliation of the King's favour — IX. Rights of knighthood for Baronets and their eldest sons. X. Addition of the Arms of Ulster in armorial bearings. XI. A place near the Royal Standard in battle. XII. A funeral ceremony ' meane betwixt that of a Baron and a Knight.' XIII. The right for all Baronets, then and in future, to have Letters Patent under the Great Seal of England to the effect of the former and present Letters Patent of creation. The Third Letters Patent, ratifying and confirming, with more particularity, the above privileges, adds : — XIV, The Degree of Baronet to be, and be reputed to be, a Degree of Dignity Hereditary, mean in place betwixt the Degree of a Baron and the Degree of a Knight. XV. Eldest sons of Baronets to precede eldest sons of all Knights, whatever their Order ; with similar provisions respecting other sons, etc. I90 A HISTORY OF THE BARONETAGE XVI. Doubts or questions arising in future concerning precedency, privilege, or other matter touching Baronets to be decided according to the rules, custom, and laws of other Degrees of Dignity Hereditary. The Baronets of Ireland enjoy all the rights and privileges confirmed in the Letters Patent last recited ; and the same were continued to Baronets of Great Britain and to Baronets of the United Kingdom. The Baronets of Scotland enjoy the same privileges, except the Ulster augmentation ; and the following were conferred upon them in addition, all being confirmed by the Scottish Parliament : — XVII. Grants of land in Nova Scotia, with plenary baronial rights and jurisdiction, and legislative powers, in that plantation. XVIII. Precedency above lesser Barons in Scotland. XIX. Addition of the Arms of Nova Scotia in armorial bearings. XX. Power to Members thereof to sit and vote by deputy in the Scottish Parliament when absent from the Kingdom. And, by virtue of King Charles's further Ordinance, dated 17th November 1629 — XXI. Right to wear about the neck the badge of Nova Scotia, suspended by an orange-tawny ribbon. Having enumerated the privileges in chronological order, they can now be referred to at greater length. THE PRIVILEGES OF THE DEGREE 191 I. The dignity^ state^ and degree of Baronet. — The pre- ceding chapters have dealt very fully with this subject ; but the following memorandum, preserved in the Public Record Office, is interesting {State Papers^ Domestic Series^ James I., vol. Ixxxix. No. 6) : — 'Baronet. Ar. a hand g. ' Baronet is a new created & distinct title of Knighthood under K. James, who for certaine disbursments towards the Plantacion in Ulster in Ireland, created divers into this dignity & made it hereditary. The particulars of the Patent shall instruct you. Ordinamus (saith the King) ereximus Constituimus et creavimus quendam statum gradum dignitatem nomen et Titulum Baronetti (Anglice of a Baronet) infra hoc regnum Anglie perpetuis tempori- bus duraturum, & then gives the title to the Created, to him and his heires male of his body. ' And that he shall have precedency in all writing sessions and salutacions before all Kn*^ as well of the Bath as Kn*^ Bachelors, and also before all Bannerets created or hereafter to be created excepted only illis Militibus Banerettis quos sub vexillis regiis in exercitu Regali, in aperto bello, et ipso Rege personaliter presente explicatis, et non aliter creari contigeret. And that their wivis and eldest sones respectively have precedence. ' That they should be impleaded and sue by the adicion of Baronet. ' That to the name of them and the heirs males of ther bodies in sermone Anglicano et omnibus scriptis Anglicanis preponatur hac adicio viz. Anglice Sir and that their wives have the titles of Lady Madam & Dame : with a grant quod nee nos nee heredes vel successores nostri de caetero in posterum erigemus, ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Anglise, aliquem alium gradum ordinem nomen titulum dignitatem sive statum sub vel infra gradum dignitatem sive statum Baronum hujus Regni nostri Angliae, qui erit vel esse possit superior vel aequalis gradui vel dignitati Baronettorum predictorum ; and further that after the proposed number of 2 hundred made, quod tunc nos non creabimus vel preficiemus aliquas aliam personum vel personas in 192 A HISTORY OF THE BARONETAGE Baronettum vel Baronettes regni nostri Anglie, sed quod numerus dictorum 200 Baronettorum ea racione de tempore in tempus minuetur et in minorem numerum cedet et redigetur. ' Upon point of precedency a great controversy grew afterwards between these new Baronets and the yonger sonnes of Viscounts and Barons, and after the Councell on both parts 3 severall dayes at larg heard, by his Ma*'^ in person it was decreed adjudged and established that the yonger sons of Viscounts & Barons shall take place and precedency before all Baronets. And that such Banerets as shal be made by the K. Ma*^^ his heirs and successors under his or their Standard, displayed in an Army Royall in open warre, and the K. personally present for the terme of the lives of such Banerets and no longer (according to the most auntient institucion) shall for ever hereafter in all places and upon all occasions take place & precedence as well before all other Banerets whatsoever (no respect being had to the tyme and priority of their Creacion) as likewyse before the yonger Sonnes of Viscounts and Barons and also before all Baronets. And againe that the yonger sonnes of Viscounts and Barons and allso all Baronettes shall in all places and upon all occasions take place and precedence before all Banerettes whatso- ever other then such as shal be made by the K. himself his heires and successors in person and in such speciall case manner and forme as aforesaid. And that the Kn*^ of the most ho^'^ order of the Garter, the privy Councellors of his Ma*'^ his heires and Successors, the Master of the Court of Wards and Liveries : the Chancellor and Under Treasurer of the Exchequer, Chancellor of the Duchy, the Chief Justice of the Kings Bench, M"" of the Rolls, Chief Justice of the Common Pleas, the Chief Baron of the Exchequer, and all other the Judges and Barons of the degree of the Coife of the said Court now and for the tyme being shall by reason of their ho^'® order and imployment of State and Justice have place and precedence in all places and upon all occasions before the yonger Sonnes of Viscounts and Barons, and before all Baronettes, any custome use ordinance or other thing to the contrary notwithstanding. * And that no other person or persons whatsoever under the degree of Barons of the Parliament shall take place before the said THE PRIVILEGES OF THE DEGREE 193 Baronets, except only the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question ever was or can be made. 'And in the same decree his Ma*^'^ further granted to Kn* the present Baronets, which were then no Kn*% and that the heirs male of the body of every Baronet hereafter when he shal be of 21 yeares upon knowledge thereof given to the Lo. Chamberlyn of the hows- hould or Vice chamberleyn for the tyme being or in their absence to any other officer attending upon his Ma*^^ person shal be knighted by his Ma^'® his heirs and successors. *And that the Baronettes and their descendants shall and may beare either in a Canton in their Armes or in an Inscothean at their election, the armes of Ulster, that is Argent a hand gueules. *And also that the Baronettes for the tyme being and the heires males of their bodies shall have places in the armies of the K'^ Ma*^ his heirs and successors in the gross neer about the Royal Standard of the K. his heires & successors for the defence of the same. ' And lastly that the Baronets and the heirs males of their bodyes shall have 2 assistants of the body to support the Pall, a principall mourner and 4 assistants to him at their funeralles, being the meane betwixt a Baron & a Kn*.' In further support of the assertion that Baronets are members of the Nobiles Majores, the following particulars taken from an old writer show the similarity between Baronets and Barons, Lords of Parliament : — *(i) In the manner of their creation, which is by the King him- self, by letters patent under the great seal of the kingdom and in much the same form and words as barons are, with a mero motu speciali gratia, &:c., and an eo quod expressa mentio de vero valore annuo, vel de certitudine praemissorum. ' (2) It is likewise, as Lord Coke observes, a local title. ' (3) It is hereditary, which no degree below a parliamentary baron but this is. ' (4) As the sons and their wives, and the daughters of such N 194 A HISTORY OF THE BARONETAGE barons have an established rank and precedency, so likewise have all the sons and their wives, and the daughters of baronets. *(5) No title or dignity between Barons, lords of parliament of England, and baronets is ever to be created which shall be higher, or equal to Baronets. '(6) The place of baronets of a foreign kingdom is regulated in the same manner as that of the greater nobility or Nobiles Majores, and not as that of Knights, who have in all countries place and pre- cedency according to their priority of Knighthood, whereas the greater nobility, be they ever so ancient, shall go below, as puisnes, those of the same degree in the nation in which they may be resident, as barons of Ireland residing in England, give place to all of the same degree of this Kingdom ; so in Scotland, before the Union, the Scottish barons, dukes etc., took place before the English, and vice versa in conformity to the law of nations. Thus all baronets of Great Britain here take place of Baronets of Ireland or Nova Scotia, and were so placed in the cavalcade of the late King George i. an incontestable proof of their being considered not as a species of Knighthood, but of the nobiles majores, or, as some have styled them, a middle degree of nobility. 'And thus from the manifest likeness this order bore, and the nearness of its situation unto barons, lords of parliament, it was with much propriety and significancy denominated and styled Baronettus, i.e. baro minor, a lesser or inferior baron : But not because, as some have fancied, they take place next to barons' younger sons ; a grosser error surely than that of those who have esteemed them Knights, and so called them as Knights baronets, which is sufficiently refuted by this determination alone, which we find in our law books : " That if the heir of a tenant in Knight's service, who was under age at his father's death, and so in ward was made a baronet by the King, it did not discharge such heir from being in ward, or if he were made a knight any more than if he had been made a baron or an earl" (Coke's Rep.^ par. 12, p. 81). And it is no less clear that between barons' younger sons and baronets (who are here considered as in a distinct degree of men) in respect of their several degrees there is no manner of similitude, THE PRIVILEGES OF THE DEGREE 195 the former having by no law any higher name than that of esquire, which is not peculiar or appropriate to them, but common to many others.' In Selden's Titles of Honor is printed a Baron's Patent of James i., passed about the time of the erection of the Baronetage, in which the operative words are the fol- lowing : — ' Sciatis igitur quod nos, etc. presfatum A. B. ad statum, gradum, dignitatem et honorem Baronis B. de C. in Comitatu N. ereximus prasfecimus et creavimus, ipsumque A. B. Baronem B. de C. pra- dictOj tenor e prasentium prasficimus, constituimus et creamus eidemque A. B. Statum, gradum, dignitatem, stilum, titulum, nomen et honorem Baronis B. de C. etc. Habendum et tenendum, etc., volentes et per praesentes insuper concedentes, pro nobis haeredibus et successoribus nostris quod praedictus A. B. et heraedes sui masculi praedicti nomen, statum, gradum, stilum, dignitatem, titulum et honorem praedictum successive gerant et habeant et eorum quilibet habeat, et gerat et per nomen Baronis B. de C. vocentur et nuncupentur et quilibet eorum vocetur et nuncupetur^ quodque idem A. B. et heraedes sui masculi praedicti successive Barones B. de C. in omnibus teneantur et ut Barones tractentur, teneantury et reputentur, et eorum quilibet tractetur teneatur^ et reputetur^ habeantque teneant, etc' [The words not in italics are identically the same with those adopted in the early Patents of the Baronets.] II, Precedency for themselves ^ their wives ^ children, and others. — The exact precedency of Baronets as regards Peers and their children and Knights was fixed distinctly by their Patents, and the royal founder's decrees of 16 12 and 161 6, already set out ; but their precedency in connection with State functionaries was not so easily settled, and has naturally been of gradual growth. The Patents of the first created Baronets clearly stated 196 A HISTORY OF THE BARONETAGE that their precedency was before all Knights as well of the Bath as of Knights Bachelors, and also before all Knights Bannerets already created or hereafter -to be created, except those made under the royal standards in open war, the King himself being personally present. As a result of the dispute between the younger sons of the Viscounts and of the Barons on the one hand, and the Baronets on the other, already referred to, the Decree of James i., of the 28th May 161 2, ordained that the younger sons of Viscounts and of Barons should take place and pre- cedency before the Baronets, the Decree also ordained that in addition to Bannerets made by the King, his heirs and successors, those made by his son, Henry Prince of Wales, under similar conditions, also Knights of the Garter, and certain officials by reason of their honourable orders and employment of State and justice, should have precedence before the younger sons of Viscounts and of Barons and the Baronets, any custom, use, ordinance, or other thing to the contrary notwithstanding. As the creation of Knights Banneret is now practically obsolete, and as the honour of election to the Order of the Garter has not been conferred on any person below the rank of a Peer since Sir Henry Lee (or Lea) was installed on the 24th May 1597, special mention in this Decree of Knights Banneret and Knights of the Most Noble Order does not now concern the Baronetage, whilst for centuries before the erection of the Degree it had been customary to confer special precedence on high Judicial, Ecclesiastical, State, and Court functionaries. THE PRIVILEGES OF THE DEGREE 197 Many of the official positions referred to in this Decree have ceased to exist, but others have been created, to the holders of each of which a special precedence has been assigned, necessitating from time to time a rearrangement of the scale of precedence. This scale is set out at length, as regards the precedence of the members of the Royal family and of the Peers and gentry of the United King- dom, in the principal Peerages and Baronetages published annually, and it has in the past shown Baronets in the place next after the cadets of a Baron's family, where James decided to place them in perpetuity. The statutes, therefore, ^^ Geo. iii. c. 24, s. 4, and 5 Vict. c. 5, s. 25, which allowed the Vice-Chancellors of the Court of Chancery to rank before Baronets, infringed the prerogative of the Baronets. Although they have been repealed, further attempts to interpose new Judicial officers between the Peerage and the Baronetage should be watched and resisted. According, however, to a well-known legal authority, another not uninteresting question concerning the preced- ence of Baronets will doubtless occur some day. In an article in The Law Magazine and Review for February 1898, he writes as follows : — 'By the terms of the Letters Patent constituting the older Baronets of England and Great Britain, it is directed that the following Judges shall take precedence of the Order, viz., the Chief Justice of the King's Bench, the Master of the Rolls, the Chief Justice of the Common Pleas, the Chief Baron of the Exchequer, "and all and singular the Judges and Justices of either Bench and the Barons of the Exchequer, of the Degree of the Coif, for the 198 A HISTORY OF THE BARONETAGE time being." Of the Degree of the Coif signifies one who has been created a Serjeant ; the Degree of Serjeant, when joined to the Judicial appointment, being deemed to be entitled by virtue of its high honour to rank above the Order of Baronets, but only, be it observed, when those two honourable distinctions are united. The Judge of the Court of Admiralty, for instance, although a judge of a superior court, had not the Coif, and therefore always ranked after^ and not before. Baronets. *In 1873, on the passing of the Supreme Court of Judicature Act, it was enacted (sect. 8) that no person appointed a Judge of the High Court of Justice, or of the Court of Appeal, should thence- forth be required to take or to have taken the Degree of Serjeant- at-Law. The result of this new law is well known. No Judge has since it has been passed applied for the Coif, and the ancient Order of Serjeants has practically ceased to exist. For all purposes of common law and equity, for all purposes of procedure and prac- tice, a Judge without the Coif is as good a Judge as one with the Coif. It is for social purpose that a difference exists: and umbrage might properly be taken by a Baronet if not accorded his due precedence before those Judges who are not of the Coif, on State occasions, or in the presence of the Sovereign. The present Lord Chief Justice of England has not the Coif, but independently of that he takes precedence as a Peer, so his case is not in point. But Mr. Justice Hawkins is not a peer, nor has he the Coif, and the same is the case with the other Judges of the Queen's Bench Division, viz. Justices Mathew, Day, Wills, Grantham, and others more recently appointed. Nor would it, we submit, be in the power of Her Majesty to confer the lost pre-eminence on Judges who have failed to attain the Degree of the Coif; for the Letters Patent emphatically declare that, "neither wc nor our heirs or successors will hereafter create within our Kingdom of England any other Degree, Order, Name, Title, Style, Dignity, or State, nor give or grant place, precedence, or pre-eminence, to any person under or below the degree, dignity, or state of a Baron of Parlia- ment, who shall be superior or equal to the dignity of a Baronet, nor shall any person under the degree of a Baron (except those THE PRIVILEGES OF THE DEGREE 199 previously excepted by the Letters Patent) by reason of any con- stitution, dignity, office, or other thing whatsoever, now or here- after, have, hold, or enjoy place, precedence, or pre-eminence before a Baronet." *The Judicature Acts of 1873 and 1875 have been fertile in creating new Judicial officers ; but the fact that the Lords of Appeal in Ordinary are constituted Barons for life, saves the appoint- ment from being de jure that which it is de facto ^ viz. a new and dangerous attack on the precedence of the Order ; for it is, as above pointed out, prejudicial to the grant of the dignity of a Baronet that new degrees or titles should be interposed between his Order and the Peerage.' Amongst themselves, the Baronets of the five classes of creation take precedence according to the date of their respective Patents, as do also their wives and children. The scale of precedence prevailing since 1612 places the sons of Baronets as follows : — Eldest sons of the younger sons of Peers. Eldest sons of Baronets. Eldest sons of Knights of the Garter. Eldest sons of Bannerets not made by the King in person. Eldest sons of Knights. Younger sons of Baronets. Younger sons of Knights. The younger sons of a deceased Baronet take place of the younger sons of the present holder of the title. A protest must here be recorded against the practice of editors of Peerages in placing in their scale of precedence numerous persons above the eldest sons of Baronets, all of whom created before December 1827 are entitled to be 200 A HISTORY OF THE BARONETAGE created knights, without any proper warrant having been issued giving these persons such precedence. The sons of Baronets are ' Esquires,' and the eldest sons of such Baronets of Scotland as are also Barons are styled ' Masters ' of their family barony. The wives of Baronets and of their eldest sons have the same ' place and precedency during their lives, next unto, and immediately after that place that is due, and belongeth unto the wives of the younger sons of Viscounts and Barons and to the daughters of such Viscounts and Barons/ A Dowager-Baronetess while a widow has precedence over the living Baronet's wife. The scale of precedency for ladies hitherto prevailing is therefore as follows : — Wives of the younger sons of Barons. Wives of Baronets. Wives of Bannerets not made by the King in person. Wives of Knights. Wives of the eldest sons of the younger sons of Peers. Daughters of the younger sons of Peers. Wives of the eldest sons of Baronets. Daughters of Baronets. Wives of the eldest sons of Knights of the Garter. „ „ Knights Banneret. Knights. Daughters of Knights. Wives of the younger sons of Baronets. The daughters of Baronets have each the rank of their THE PRIVILEGES OF THE DEGREE 201 eldest brother, they are therefore ladies by blood ; and if they marry inferior persons, they still retain their rank, it being character indelebilis. They take precedence above the wives of Archbishops, Bishops, Judges, and other per- sonages filling high offices in the State. In 1788 a dispute took place as to the precedency of the daughters of Baronets and the granddaughters of Peers, which was referred to the Earl-Marshal, who decided in favour of the latter in accordance with the above scale of precedency, as recorded in the following letter of the Earl- Marshal and the Report of the College of Arms : — * Norfolk House, '25th May 1789. 'My Lord, 'In Obedience to his Majesty's Commands signified to me by your Lordship's Letter of the 20th of June 1788, directing me to take into Consideration a Memorial presented to his Majesty from the Baronets of England and Great Britain, and to report to your Lordship for his Majesty's Information my Opinion upon the Claim stated in the said Memorial, I have considered of the same, and having directed search to be made in the College of Arms for Orders and Precedents relative thereto, I transmit to your Lordship the Report I received from the Kings, Heralds and Pursuivants of Arms. 'I beg the favour of your Lordship to lay the same before his Majesty, and to represent to his Majesty my humble opinion that as the Claim stated in the said Memorial rests solely upon a decision alleged to have been made by his Majesty in 1761, by which such of her Majesty's Maids of Honor as were daughters of Baronets were ranked before such as were granddaughters of Peers, but of which decision there is no official Record, a Patent declaring the Right of Precedence to such of the Parties as his Majesty in his 202 A HISTORY OF THE BARONETAGE great Wisdom shall deem intitled to it would be the most effectual means of obviating all future doubts upon the subject. ' I have the honor to be, ' My Lord, ' Your Lordship's most humble Servant, ' Norfolk, E. M. 'To the Right Hon¥.« Lord Sidney, one of his Majesty's principal Secretaries of State, &c. &c. &c.' 'To THE Most Noble Charles Duke of Norfolk, ' Earl-Marshal and Hereditary Marshal of England. 'The King's Heralds and Pursuivants of the College of Arms in Chapter assembled in obedience to your Grace's commands to take into consideration the Memorial of the Baronets of Great Britain claiming precedency for their daughters before the granddaughters of Peers, most respectfully report to your Grace : ' I. That by a Decree made in the loth year of King James the First, the younger sons of Viscounts & Barons have precedence before all Baronets. '2. That in the patent of every Baronet it is declared "That if any doubts or Questions as to any place, precedence, privilege, or other thing touching or concerning the said Baronet and his said Heirs Male and their Wives, and the first born sons of the Wives, the younger sons, daughters and v^^ives of the younger sons or any of them shall hereafter arise which neither by these our Letters Patent nor by other Letters Patent heretofore made in this behalf, are determined, such doubts or questions shall be determined and adjudged by and according to such other Rules Customs and Laws (as to place, precedence or other things concerning them) as other Degrees of hereditary Dignity are ordered governed and adjudged." And they submit to your Grace whether the present Question may not be determined by another Clause in the same Patent, which runs thus : — "And in regard that the said Degree of a Baronet is a Degree of hereditary Dignity, the first-born son or Heir-male THE PRIVILEGES OF THE DEGREE 203 apparent and all the rest of the sons and their wives and the daughters of the said Baronet & of his said Heirs-male respectively shall have and hold place and precedence before the first-born sons and other sons and their wives and the daughters of all Knights of whatsoever Degree or Order respectively. And also before the first-born sons and other sons and their Wives, and the daughters of all persons respectively before whom the fathers of such first-born sons and sons and daughters by force of these presents ought to have place and precedence." * From which they infer that the sons and daughters of Baronets are to give place and precedence to the sons and daughters of all persons to whom their fathers give place and precedence. * That in a Manuscript in the College of Arms intitled " Motives to induce the Knights Citizens and Burgesses of the Commons House of Parliament to petition his Majesty for the revoking and abolishing of the Degree of Baronets lately erected by his Highness' Letters Patent," it is stated as the first and principal Grievance "That Baronets by these Letters Patents are to have precedence before the Descendants from the younger children of Barons, Earls, Dukes, &c." — By which it appears that the sons and daughters of Baronets were not at that time considered as intitled to such prece- dence, for if they were, it would certainly have been so stated as a greater Grievance. *That at the Coronation of King Chas. 11., S^ Chas. Stanley, S^ Francis Fane, and S"^. Henry Fane were ranked according to their blood as grand-children of Earls by the Lord High Steward, the Lord High Chamberlain, the Lord High Constable, the Earl-Mar- shal, and the Lord Chamberlain, above all Baronets but having been created Knights of the Bath (whose rank is below that of Baronets) a doubt seems to have arisen as to their place, and therefore the King confirmed to them, their said Rank of Blood by a Warrant under His Royal Sign-Manual, of which a copy is inclosed. 'That in the Tables of precedency transmitted from Garter to Garter, the daughters of Peers' younger sons are placed above the daughters of Baronets, as will appear by the following extract : — 204 A HISTORY OF THE BARONETAGE * Wives of Viscounts' younger Sons. ' Wives of Barons' younger Sons. * Wives of Baronets. ' Wives of Bannerets. * Wives of Knights of the Bath. ' Wives of Knights Bachelors. * Wives of the eldest sons of the younger sons of Peers. ' Daughters of the younger sons of Peers. * Wives of the eldest sons of Baronets. * Daughters of Baronets. 'Wives of the eldest sons of Knights. ' Daughters of Knights. ' Wives of Baronets' younger sons. *From all which the Officers of Arms would think themselves warranted in the opinion, that the daughters of Peers' younger sons should have place and precedence before the Daughters of Baronets. ' But it being alleged in the said Memorial, that in the appoint- ment of the Maids of Honor at the Establishment of her Majesty's Household, this question had received a contrary decision, application was made to Lady Warren (daughter of Sir Cecil Bishopp, Bar*.), and to Miss Beauclerk (daughter of Lord Henry Beauclerk, a younger son of the Duke of St. Albans), and the following account received in a letter from Lady Warren, viz. : — '"In the year 1761, when her Majesty Queen Charlotte's Household was established, and I was appointed one of her Majesty's Maids of Honor, there was a dispute which of the six was to take place, & consequently a Reference made to his Majesty, who was pleased to determine that t\i& daughters of Baronets should take place; in confirma- tion of which her Majesty's Maids of Honor were appointed to take place as follows, Miss Bishopp, Miss Wrottesley, Miss Beauclerk, &c. By this determination I likewise had the first choice of the appartments allotted to us, &c." ' Her Ladyship added by way of conversation, but did not think THE PRIVILEGES OF THE DEGREE 205 fit to give it under her hand, that the Duke of Manchester, when Lord Chamberlain, told her, that the above determination w^as afterwards altered^ and that the daughters of Peers' younger sons were placed above the daughters of Baronets at Court Balls, &c. * If the Determination mentioned in her Ladyship's Letter were officially signified to your Grace in the usual manner, it would be the duty of the Office to pay Obedience thereto. If standing upon its present Authority it should be thought to oppose their opinion and the matter be yet considered in any degree doubtful, the Officers of Arms beg leave to suggest to your Grace their idea. 'That as the precedence between Peers' younger sons and Baronets (Fathers of the parties to the Parties to the present dispute) was heretofore settled by a Declaratory Patent under the Great Seal, as above-mentioned, they humbly conceive that a similar Patent would be an effectual means of adjusting the present Question. ' All which is most respectfully submitted. * Isaac Heard, Garter. * Thos. Lock, Clarenceux. * George Harrison, Norroy. ' Jno. C. Brooke, Somerset, 'Ralph BiGLAND, Richmond. ' Francis Townsend, Windsor. ' Benjn. Pingo, York. ' Edmd- Lodge, Bluemantle. *JoHN Atkinson, Rouge Croix.' Appeals were made at different times to the Heralds' College relative to the precedence which ought to be allowed to the Baronets of Scotland in English assemblies, etc. This, however, is not a point of ceremonial within their cognisance, it being in fact a point of law arising out of the 4th article of the Act of Union, in these words : — ' And that there be a communication of all other rights, privileges, and 2o6 A HISTORY OF THE BARONETAGE advantages, which do or may belong to the subjects of either kingdom, except where it is otherwise expressly agreed in these articles.' The exception referred to is the 23rd article of the Act of Union, which continues the distinction between the peers of the two kingdoms ; but as no such exception was made in regard to the Baronets of Scotland, they became entitled to a full and unqualified community of rights, privileges, and advantages with the Baronets of England, and rank according to the dates of their respective patents under the authority of the 4th article, in like manner as the peers would have done if it had not been otherwise provided by the 23rd article. In Heraldic Anomalies, a work published early in the century, it is stated that ' the wives of Baronets have as Baronetesses a higher rank than their husbands, for they take place of all Knights' Ladies ; whereas Baronets have not precedency of Knights of the Garter, or of Knights Bannerets created by the King himself in person under his banner displayed in a Royal army in open war. * The same may be said of the wives of Baronets' sons, and of the daughters of Baronets. They precede the wives of the sons and daughters of all Knights whatsoever.' At the funeral of H.R.H. Princess Amelia Sophia Eleanora, second daughter of George 11., in Henry vii.'s Chapel, on the nth November 1786, the chief mourner's (a Duchess) train was borne by a Baronet's wife. At the funeral of H.R.H. Princess Amelia, in St. George's Chapel, Windsor, on the 13 th November 18 10, the train of THE PRIVILEGES OF THE DEGREE 207 the Countess of Chesterfield, chief mourner, was borne by Lady Halford, a Baronet's wife. The precedency of the eldest sons of Baronets was acknow- ledged in the nomination and placing of the Knights of the Bath at the Restoration, previous to the coronation of Charles 11., when, after the Baronets, their eldest sons imme- diately followed. Sir Charles Cornwallis, Sir John Monson and Sir Bourchier Wrey, eldest sons of Baronets of England, were placed above Sir John Coventry, grandson of Lord Coventry, and Sir John Bramston and Sir Edward Heath, sons of the Lords Chief-Justices Bramston and Heath, and many other Knights of the Bath. On the re-establishment of the Order of the Bath in 1725, immediately after the Baronets, who followed the Privy Councillors, in the appointment of the stalls for the Knights, Robert Clifton, Michael Newton, William Yonge, and John Monson, esquires (eldest sons of Baronets), occur, and are placed above the other Knights elected. It is worthy of note that Sir Charles Stanley, also Francis and Henry Fane, grandchildren of Earls, were placed amongst the Knights of the Bath, before Baronets of the same order, at the coronation of Charles 11. ; yet, elsewhere, they could not retain this rank above Baronets, without a special warrant from the King, which extraordinary favour they obtained (14 June 13, Car, 11. , Earl Marshal's book^ J. 25, /o. 88, in College of Arms') : ' This seems to be an act of mere power, in favour of these gentlemen, if we reflect on the decree concerning Baronets' precedence, which runs thus : That no degree is to be created, nor place given, to any others (than 2o8 A HISTORY OF THE BARONETAGE what are therein mentioned) which shall be equal to or above them, under lords of Parliament of England ; how, then, can they who are below such lords (and not their sons), nor above their eldest sons, if not above Viscounts' eldest sons (who are immediately after Lords ; as Baronets' eldest sons are next after Earls' younger sons) precede Baronets ? ' III. Style and 'Title. — Until the erection of the Baronetage, the possessors of hereditary titles bore the distinctive style of their rank, whether territorial or family, before their name ; for example, ' Duke of Norfolk,' ' Earl Percy ' ; but when conferring on his new hereditary dignity the designation of Baronet, the Royal founder ordained that it should be borne after the family name of the holders, the word ' Sir ' being placed before the first Christian name. The latter word, which in England for many centuries had been prefixed to the Christian names of Knights, is derived from Cyr, Ku/9, the abbreviation of the Greek word KvpLo<; ; and, as a legal addition, is part of the names of Baronets and Knights, and may never be omitted. Selden, in his Titles of Honour, observes that the Jews retained this native word, as given to Knights, in their Hebrew instru- ments, not presuming, for its peculiar signification, to give it any translation. The word was much used to the Greek emperors, and in France was for a long time peculiarly appropriated to their monarchs. In feudal days there was something very courtly in the formal address ' Sir Knight.' It is evident, from a perusal of the Decrees of James i., that at the time he was contemplating the erection of the THE PRIVILEGES OF THE DEGREE 209 Baronetage he had in his mind a dignity akin to Knighthood, but to be vastly superior to it by reason of its being a dignity hereditary. It was therefore natural, though surely to be regretted, that he ordained that the Knightly title should be assumed, coupled with an addition, after the surname, to denote the hereditary distinction. The placing of the word ' Baronet ' before the surname or territorial title would now doubtless sound for a week or two peculiar to ears not accustomed ; but had it been adopted in the first instance, it would in those days have been accepted as the natural sequence of the creation of the dignity. Certainly it would have conduced to simplicity and correctness. The identical prefix of a Baronet and a Knight is, however, on a par with the ridiculous custom which has gradually grown in social intercourse, of describing every Peer, with the exception of the Dukes, by the title of ' Lord.' The Continental aristocracy find no difficulty in making use of their proper title, although Monsieur le Marquis, Monsieur le Comte, Monsieur le Vicomte, Monsieur le Baron is more cumbersome than would be our equivalent of Marquis, Earl, Viscount, and Baron. While referring to this subject, an even more ridiculous custom has arisen in English society of losing sight of, to a great extent, the courtesy title of ' Honourable ' borne by the younger sons of Earls, Viscounts, and Barons, and also by their eldest sons where their father does not possess a second title. Two hundred years ago, when all possessing actual or courtesy titles were known to each other, the failure to call their friends by their proper designation was of little 2IO A HISTORY OF THE BARONETAGE if any consequence ; but in the present day, with its numerous social sets, in many of which those I am re- ferring to mingle, at public dinners and other ceremonials, the practice of announcing and calling one entitled to bear the courtesy title of Honourable as Mr., or by a simple naval or military rank, causes endless mistakes and con- fusion which might easily be avoided. A few years ago an attempt was made to induce those bearing the courtesy title of ' Honourable ' to agree amongst themselves to use it on their visiting cards and when being formally announced, but unfortunately it was not successful. ' The Baronets hold a mean or middle degree between Lords and Knights, it being the only hereditary degree of honour the Commons of England have. The word " Com- mons," in its largest sense, by common law, comprehends all persons who are not Peers of the realm, from the highest to the lowest, so that Dukes' sons, considered in this sense, are alike Commoners with others who are not Peers ; and as such are gentlemen without title. For (by whatever titles they are commonly called) by law they enjoy no higher names than Esquires, and are so called in legal proceedings, as writs, etc., which is no name of dignity ; whereas Baronets by law enjoy a title of honour and legal dignity, and must be so called in legal proceedings, as writs, etc' The Baronets have no fixed and unchangeable title-name. All that they can transmit to posterity is merely the prefix ' Sir ' and suffix ' Baronet.' There is no provision what- ever in the Letters Patent that the same surname and local title shall always appear between the prefix and suffix, and THE PRIVILEGES OF THE DEGREE 211 accordingly names are unfortunately changed and added to at pleasure until all identity in this respect is lost between an old family and its existing representative. This is strangely unsuited to a Degree Hereditary ; and it would be much to its interest that Her Majesty should decree that in the creation of Baronets in future, a clause shall be added to their Patents, providing that the surname and local title under which each is raised to the dignity shall for ever belong to his Baronetcy, and the surname be used on all occasions as the proper and lawful and perpetual surname of himself and his successors. As a courtesy designation. Baronets, upon the erection of the degree, and until about the end of the eighteenth cen- tury, were styled ' The Honourable.' This was only natural, having regard to the hereditary character of what was called in King James's time ' the honourable degree and dignitie of Baronet.' A Duke being styled ' Most Noble,' a Marquess ' Most Honourable,' Earls, Viscounts, and Barons * Right Honourable,' it followed that the style of ' Honour- able ' should be prefixed by the courtesy of society at large to the newly created hereditary degree. Instances of this courtesy style are numerous throughout England, Scotland, and Ireland, some being on tombs, others in deeds, letters, and other writings. Some Baronets were so addressed by Oliver Cromwell. Looking to analogies, it would not be inappropriate were Baronets to be designated as *Very Honourable,' leaving * Honourable ' to be used solely for the younger sons of Peers. The style of ' Honourable,' however, does not 212 A HISTORY OF THE BARONETAGE interfere with the courtesy title of the younger sons of Peers, as it is always conjoined with a Baronet's title. In a book in the library of the College of Arms (J. 9 p. 192), it is recorded that Sir William Segar, when Garter King of Arms, in a declaratory Patent relative to the old arms, quarterings, etc., of Sir Edward Dering, styled this Baronet * honorabili viro domino Edwardo Dering, militi et baronetto.' He so styled him quatenus a Baronet, Sir Edward not being in any office which would of itself entitle him to be called ' The Honourable.' In the Universities, by the statutes, Baronets enjoy much the same privileges (whilst there) as the highest nobility, and are accordingly styled noblemen in the old and proper fashion. Although the Patents decree ' that the style and addition of Baronet shall be put at the end of the name ' of all Baronets, yet it was only natural that an abbreviation of a word of three syllables, coming after two names pre- fixed by ' Sir,' should come to be adopted. The simplest and most natural abbreviation is B\ which was frequently employed, as was also Bar', by those who may have thought the former not sufficiently explicit. Among the lazy and illiterate, however, the latter abbreviation was made into a word of one syllable — ' Bart,' which unfortunately has become adopted even by some Baronets themselves. The attention of members of the Degree having been lately called to the advisability of discontinuing this abbreviation, many Baronets at once recognised its unsuitability, and have adopted the word in full when describing themselves in deeds THE PRIVILEGES OF THE DEGREE 213 and official notices, and either append the word in full after their signature, or use the abbreviation B'. The Patents enact that a Baronet ' shall be named, nominated, called, plead, and be impleaded by the name of Baronet, and that the style and addition of Baronet shall be put at the end of the name of the said and of his said Heirs male in all our Letters Patent, Commissions, and Writs and in all other Charters, Deeds, and Letters by virtue of these presents, as a true, lawful, and necessary addition of dignity'; hence many Baronets now print the word ' Baronet ' in full or the abbreviation B*. on their visiting cards. The following extract from Hawkins' Fleas of the Crown^ vol. ii. cap. 23, § 104, is interesting : — ' Sec. 104. It seems that the common law in no case requires any other description of an appellant or appellee, but by their name of baptism and surname, unless they be of the degree of a Knight or of some higher dignity ; in which cases, whether the name or dignity be ancient, or (as some say) of a new creation, as that of baronet, &c., it ought to be added to the name of baptism and surname ; and if it be of the degree of nobility, it ought to supply the place of the surname. And it seems that the law was so curious in this par- ticular, that if a plaintiff, in any action, gained a new name of dignity hanging a writ, he made it abateable ; but this inconvenience is remedied by 1 Edw. vi. c. 7, s. 3, by which it is enacted " That if any plaintiff in any manner of action shall be made a duke, archbishop, marquis, earl, viscount, baron, bishop, knight, justice of either bench, or serjeant-at-law, depending the same action, that such action for such cause shall not be abateable or abated." But it hath been holden (i Sid. 40, Lit. Rep. 81) that the dignity of a baronet is not within this statute because there was no such dignity at the time of the making of it.' 214 A HISTORY OF THE BARONETAGE The following is the case referred to, and is contained in Thomas Siderfin's Reports, 1657-1670, page 40: — 'Sir Heath versus Pagget. * En AfF le tenant plead que le Defendant fuit fait Miles Balnei pendant le breve & le Defendant monstre que per Lestatute E. 6, cap. 7, est provide que le breve ne abatera lou le Plaintiff est fait Chevalier, Et le doubt fuit si un Chevalier del Bath soit deins ceo Statute. Et tenetur que cy, Et issint touts auter Chevaliers. Mes un Baronet nest deins ceo Stat si non que il soit auxy un Chevalier.' In the State Trial of George Edmonds and others for seditious conspiracy in 1 8 2 1 , it was shown to have been the invariable course to place Baronets at the head of the list in nominating a special jury. Chief Justice Abbott (after- wards Lord Tenterden) after mentioning this added : — * Whatever form may be adopted, they will not necessarily be found there. It might be matter of accident in whatever way the selection is made. But in point of rank, they have a right to be placed first, and, therefore, they are and have a right to be — and may have enjoy hold and take place and precedence by virtue of the dignity of a Baronet aforesaid and by force of these presents as well as in all commissions writs letters patent writings appellations nominations and directions in all sessions meetings assemblies and places whatsoever next and immediately after the younger sons of Viscounts and Barons — these Letters Patent give him a right to be first named upon the list. There are no Letters Patent in respect of a Knight ; but he has precedence before Esquires. It has been customary to place him, therefore, before them.' IV, Only two hundred Baronets of England to exist at one time. — As already stated, James i. proposed to limit the number of Baronets to two hundred, so that when any of these titles became extinct others should not be created, and THE PRIVILEGES OF THE DEGREE 215 consequently the degree would tend to increase in dignity. This limitation was kept up at first, as is evidenced by the following letter of the 26th June 1623 from the Attorney- General {State Papers, Domestic Series, James /., vol. cxlvii.. No. 6s) :— *SlR, * Having received from you a significacion of his Ma^^*^^ pleasure for drawing up a Bill to create Mr. Corbett a Baronett and con- ceiving by your letter that the number of Baronettes hath bene once filled and that this man is to come in place of one that is dead with- out issue I doubted whether his Ma**® were informed or do remember that by expres covenant with such as have bene formerly advanced to that dignity his Ma*'® hath agreed not only that the number of Baronettes shall never exceed two hundred but that the number being once full if any of them dye without issue male his Ma*'® will create no more but suffer the number to decrease, And therefore though I have prepared the Bill as I am commanded yet I held it my duty to informe you thereof that if his Ma*'® be not already acquainted with it he may not unawares do that which being Rightly informed he would not give way unto. And so I humbly rest. ' Att your honors commandment 'Thomas Coventrye.' * Inner Temple, 26 June 1623. *This bearer informes me that it is his Ma*'®^ intent to discharg the mony usually payed for that degree yor warrant importing not so much I thought not fitt to deliver the patent and discharge to the party but both for that, and for the reason in my letter to addresse it to yow if it be his Ma*'®^ pleasure that it shall proceed you w^ilbe pleased to send me v/arrant for the little bill that is drawne for the discharge as yow have for the patent itself. 2i6 A HISTORY OF THE BARONETAGE (Endorsed) '20 June 1623 Mr. Atturney generall to Mr. Secret. Conwey. Concerninge a Graunt of a Barronnett to Mr. Corbett. (Addressed) ' To the Right Ho^'^ Sir Edward Conwey Knight one of his Ma*'®^ principall secretaries. In the same collection of papers will be found the follow- ing under date 23rd March 1625 : — ' Blank Warrant for the grant of a Baronetcy, in place of Sir Rich. Robartes, Bar*., now made a Baron. 'Blank Warrant for grant of a Baronetcy, in place of Sir Fra^. Ashby, dead without issue male. ' Warrant for a grant of a Baronetcy to Hugh Cholmley, in place of Sir Peter Curteen, deceased.' It would thus appear that the Royal intention of limiting the degree to the descendants of the two hundred Baronets was first altered to limiting the holders of the title to the same number by filling up vacancies which occurred through the extinction of titles. It is however by no means certain that James i. ever really exceeded his own limit, as although his total creations of Baronetcies amounted to 204, yet in defence of this excess of four, it is urged in the essay printed in Wotton's Baronetage^ the four ' were to fill vacancies that happened, not by death or attainder, but by promotion to a higher dignity, so that he did not go beyond his engage- ment.' The four Baronets advanced by the King to Peerages were Sir Robert Dormer, Sir Thomas Ridgeway, Sir WiUiam Hervey, and Sir Thomas Beaumont. Later on all limitation was withdrawn, and the creation of new Baron- etcies is entirely in the discretion of the reigning Sovereign. THE PRIVILEGES OF THE DEGREE 217 V. No degree, order, name, title, dignity, or state, under the degree, dignity, or state of Barons of England, to be ever created, which would, or could be, superior or equal to the degree and dignity of Baronet. — This will be found dealt with under VIII. VI. If any Baronet of the said two hundred should die with- out heirs male, no other Baronets of England to be created, but the number of two hundred to diminish accordingly . — This has been already referred to under IV. VII. A newly defined precedency . — This will be found fully dealt with in Chapter II., where the Royal decree of 28th May 1 612 is given at length. VIII. A repetition of privilege No. V., etc. — After the controversy of precedence between the younger sons of Viscounts and Barons and the Baronets had been settled, nothing appears to have arisen to have called for any remon- strance from the members of the Baronetage with the exception of the precedence given to certain Judges who have not attained the degree of the Coif, referred to in the article quoted on pages previous from 'The Law Magazine, until the announcement in August 1897 that the sons and daughters of life peers were to be formed into a special class, having a precedence among themselves, and to take precedence immediately before Baronets. This, however, is referred to later. IX. Rights of Knighthood for Baronets and their eldest sons. — The Letters Patent of 14 James i. finally ratifying, con- 21 8 A HISTORY OF THE BARONETAGE firming, allowing, and approving of the Hereditary Dignity, State, Title, and Degree of Baronet, with all the rights and privileges of the previous Patents of the 9th and loth James i., contain the following clause : — ' And further of Our special grace, certain knowledge and mere motion. We do hereby declare and express our true intent and meaning to have been, and do hereby promise and grant for Us, our heirs and successors, to and with such Gentle- men as now be, or at any time hereafter shall be Baronets ; That so soon as they or any of them shall attain to the age of one-and-twenty years. And likewise so soon as the eldest son or apparent heir male of the bodies of them, or any of them, shall during the life of their Father or Grand- father attain to the age of one-and-twenty years ; and that the said Baronets, or the said eldest sons or apparent heirs males, shall be presented to Us by the Lord Chamberlain of our household, or Vice-Chamberlain for the time being, or in their absence by any other Officer attending upon the person of Us, our heirs or successors to be made Knights that they and every of them shall from time to time be made Knights by Us, our heirs and successors accordingly.' This Hereditary privilege was apparently designed to com- memorate the feudal custom incident to a tenure in chivalry, under which the eldest son of the Lord was made a Knight with much ceremony and pomp, while also serving the pur- pose of giving a title to a Baronet's eldest son, to be enjoyed by law, and not by mere courtesy, as in other Degrees. As a consequence of these Letters Patent, the Patent of every Baronet created prior to the Revocation by George iv. THE PRIVILEGES OF THE DEGREE 219 of this promise and grant referred to hereafter, contained a clause ratifying the privilege. The Patents of Baronets of Scotland and Nova Scotia created prior to 1633 contain the following covenant and grant : — * Moreover We out of our special grace and favor, certain know- ledge mere motion and deliberate mind, by these presents, and with the advice aforesaid (viz., of the Privy Council) for Us, our Heirs and Successors, will, concede, declare, and promise, that at whatever time, and so soon as, the Eldest Son and Apparent Heir-male of the said Sir A B Baronet, or the Eldest Son and Apparent Heir-male of whatsoever Heirs-male succeeding to him, shall attain the age of twenty-one years, that they, and every one of them respectively by Us, our Heirs, and Successors, shall be inaugurated Knights whensoever they, or any of them, shall require that Order without any Fees, or expense whatsoever.' The Patents of all Baronets of Scotland and Nova Scotia, created after 1633, contain either the above clause or else the following general clause : — ' We give, grant, and confer, on the said A B , and his Heirs-male, for ever, the title, dignity, order and honor of knight- baronet, ordaining them, their Wives, and Children to use and enjoy the same title, with all privileges, immunities and honors of every kind belonging to Knights Baronets, in virtue of whatsoever Acts, Statutes, Diplomas, or Customs, existing in these Our Dominions.' The Parliament of Scotland held at Edinburgh on 28th June 1633, Charles i. being present in person, passed a law, willing, statuting, and ordaining, that the Dignities and Order of Knight Baronet, with all Letters Patent granted therewith to any person or persons whatsoever, together with all Acts of the Privy Council, and Proclamations there- 220 A HISTORY OF THE BARONETAGE anent, shall stand and continue in force according to the tenor of the same, and in as ample manner as if the bodies of the said Letters Patent, Acts, and Proclamations were therein particularly engrossed and expressed. On the loth May 1636, Charles i. issued a Warrant to the Chancellor of Scotland, directing him to knight the eldest sons of Baronets desiring the honour, which was duly recorded as follows : — * Anent Knighting of Baronnets Sonnes. * Apud Edinburgh 16 Junij 1636. ' Forsamekle as the Kings Majestic having formerlie upon verie good considerations both for freithing his Ma^^*^ frome truble and saving of the parties whome it concernes frome charges Give warrand and direction to his Ma^-^^® Chanceller for the time being That the eldest sonnes of all Baronnets being of the age of 21 yeeres sould be knighted whensoever thay sould desire the same according to thair patents under the Great Scale And his Ma*'^ being yctt willing upon the same consideratiouns that the said course be continued His Majestic for this effect hes gcvin warrand to the Lord High Chanceller of this kingdome to knight the eldest sonnes of all and everie ane of suche Baronnets who being of the perfyte age of 21 years compleit sail desire the same without putting thame to anie charges and expensses As in the said warrant presentit and exhibite this day before the Lords of Secreit Counsell at lenth is conteanit Quhilk being read heard and considderit be the saids Lords and thay with all humble and dewtifull respect acknowledge- ing his Majesteis gratious will and pleasure in this mater They ordaine the said warrand to be insert and registrat in the bookes of Privie Counsell and to have the force of ane act of Counsell in time comming To the end the said Lord Chanceller may knight the saids eldest sonnes of all Baronnetts without fordcr warrand and that all whome it may concerne may take notice of his Majesteis Royall pleasure heerin and ordanis letters to be direct to make publication heirof wherthrow nane pretend ignorance of the same. THE PRIVILEGES OF THE DEGREE 221 *Follo\ves His Majesteis missive for warrand of the Act foresaid.' 'Charles R. ' Right Reverend Father in God We greit you weill Whereas We vi^er pleased by our letter unto our lait Chanceller to give powder unto him or anie other for the time being that the eldest sonnes of all Baronnetts might be knighted being of the perfyte age of 21 yeeres whensoever they sould desire the same according to thair patents under our Great Scale both for freing Ws from trouble and saving thame frome charges whiche thair repairing hither for that purpose might procure and now being willing upon the like consideration that the same sould be continued We have thought fitt heirby to renew our pleasure unto yow for that effect and thairfoir We will that yow knight the eldest sonnes of all and euerie one of suche Baronnetts who being of the perfyte age of twenty- one yeeres sould desire the same, without putting thame to anie charges or expensses And Our further pleasure is that yow make ane Act of Counsell heirupon That your successors in your charge of Lord Chanceller doe the same without anie further warrand and that all others whome it may concerne may take notice of our Royall pleasure heerin for doing whairof these presents sail be your warrand We bid you farewell Frome our Courte at Whitehall, the 10 of Maye 1636.' A Baronet was not a Knight as well as a Baronet until he had actually presented himself before the Sovereign and obtained the honour of Knighthood, as illustrated by the following case : — Sir Henry Ferrers, Baronet, was indicted by the name of Sir Henry Ferrers, Knight, for the murder of one Stone, whom one Nightingale had feloniously murdered. Sir Henry was accused of being present, and aiding and abetting. Upon this indictment. Sir Henry Ferrers being arraigned, said that he was never knighted, which being confessed, the 222 A HISTORY OF THE BARONETAGE indictment was held not to be sufficient. Wherefore he was indicted de novo by the name of Sir Henry Ferrers, Baronet. On the 19th December 1827, an Ordinance was passed by George iv. withdrawing the privilege of claiming Knight- hood by those Baronets who were not already Knights, and by the eldest sons of Baronets on their attaining the age of twenty-one, from all creations after that date, in the following words : — * Revocation of the Promise and Grant contained in the Letters Patent of 28 May 10 James i. for knighting Baronets and their Heirs Male when they should attain the age of 21. ' George the Fourth by the Grace of God. To all to whom these presents shall come Greeting. Whereas Our late Royal Progenitor King James the First by Letters Patent bearing date at Westminster the twenty-second day of May in the ninth year of his Reign for himself his heirs and successors did ordain erect constitute and create a certain State Degree and Dignity name and title of a Baronet within his then Kingdom of England to endure for ever And Whereas the said King James by certain other Letters Patent bearing date at Westminster the twenty eighth day of May in the tenth year of his reign did make a certain Ordinance Establishment and final decree upon a Controversy of Precedence between the younger Sons of Viscounts and Barons and the Baronets and touching some other points also concerning as well Bannerets as the said Baronets whereby His Majesty was graciously pleased (amongst other things) to Knight the then present Baronets that were no Knights and did also by those Presents of his mere motion and favor promise and grant for himself his heirs and successors that such Baronets and the heirs males of their bodies as thereafter should be no Knights when they should attain or be of the age of One and twenty years upon knowledge thereof given to the Lord Chamberlain of the Household or Vice-Chamberlain for the time being or in their absence to any other Officer attending THE PRIVILEGES OF THE DEGREE 223 upon his Majesty's person should be Knighted by his Majesty his heirs and successors as by the said several Letters Patent reference being thereunto had will (amongst other things) more fully and at large appear Now know ye that v.e for divers good causes and considerations us hereunto moving Have thought fit to revoke determine and make void And by these presents for us our heirs and successors Do revoke determine and make void the said promise and grant in the said last mentioned Letters Patent contained with respect to all Letters Patent for the creation of Baronets to be made and granted after these presents And that the said Letters Patent shall be made hereafter without such clause as hereinbefore mentioned without prejudice nevertheless to any Letters Patents heretofore granted or to the rights and privileges now by Law belonging to any Baronet and his heirs male. In Witness &c. Witness &c. the nineteenth day of December. ' By Writ of Privy Seal.' Now it will be observed that this Revocation is distinctly stated to be without prejudice to any Letters Patent granted prior to its issue ; and although for some reason or other, difficult to explain, the privilege has been rarely claimed during the present century, yet until quite recently it was granted as a matter of course when so claimed. On the 2 1 St February 1865, ^^^ Lord-Lieutenant of Ireland knighted Mr. George Clendinning O'Donel, eldest son and heir-apparent of Sir Richard Annesley O'Donel, the fourth Baronet, in compliance with the clause in the patent of Baronetcy of 2nd December 1780 ; while on the I2th February 1874, Mr. Ludlow Cotter, eldest son of Sir James Cotter, Baronet, was knighted at Windsor on coming of age. On the 20th July 1836, Mr. Richard Broun, eldest son and heir to the Baronetcy of Broun of Colstoun, made a formal appHcation to the Lord Chamberlain requiring that 224 A HISTORY OF THE BARONETAGE officer, in terms of the constitution of the Baronetage, to present him to the Sovereign for inauguration as Knight. The application set forth the special clauses in the constitu- tion of the Baronetage which rendered it compulsory on the Crown to discharge this peculiar service ; and it was accom- panied by such documents and certificates as were deemed by counsel sufficient to warrant the demand. A very lengthy correspondence followed, with the result that the claim was not allowed, the decision being communicated to Mr. Broun in the following letter : — ' Whitehall, 'August 4th, 1836. *SlR, ' I am directed by Lord John Russell to acknowledge the receipt of your letter of the 30th ultimo, and to acquaint you in reply that the application which was made by you to the Lord Chamberlain of His Majesty's Household, claiming the honour of Knighthood, in consideration of your being the eldest son of a Baronet, was referred, by his Lordship's direction, for the consideration of the Kings at Arms, who have reported that inasmuch as the Patent granting the Dignity of a Baronet to your alleged ancestor. Sir James Broun, Bar*., of Colstoun, did not contain any Clause authorising his eldest son to claim the honour of Knighthood, they are of opinion that you have no claim to that honour upon the ground set forth in your application, and Lord John Russell therefore directs me to express his regret that he cannot recommend to His Majesty to accede to your request. * I have the honour to be, *Sir, ' Your obedient Servant, ' (Sgd.) Fox Maule.' Mr. Broun, however, declined to accept this decision as final, on the ground that the reason for the refusal was THE PRIVILEGES OF THE DEGREE 225 unsound, he contending that the grant in favour of the eldest sons of the Baronets of Scotland was made a statute law of Scotland by the King and the Scottish Parliament, on the 28 th June 1633, since which time it had been solemnly- ratified by the Act of Union. After a series of references and delays, the Lord Chamberlain finally, on the 8th December 1841, decHned to grant Mr. Broun's request. At a meeting of the Committee of the Baronetage for Privileges, referred to later on in this work, held at the Clarendon Hotel, London, on the loth May 1842, the following resolutions were passed : — ' First^ That in the opinion of this Committee the course followed by the Crown Officers in the case of Mr. Broun's appHcation for Knighthood, is in direct contravention of the constitution of the Baronetage, a statute law of the realm of Scotland, the Articles of Union, the obligation of the Coronation Oath, and the unbroken precedents of 230 years. ' Secondj That, after a careful review of the whole proceedings, this Committee do, on behalf of the Baronets of the several creations in the United Kingdom, record their unanimous protest against the irregular opinion of the Attorney, and Solicitor-General of England, upon which the Lord Chamberlain has arrived at the supposition that he cannot consistently w^ith his duty present Mr. Broun to Her Majesty for knighthood. ' Third, That Sir Robert Peel, as the head of the Government, be informed that the Lord Chamberlain has refused, on the applica- tion of a Baronet's Eldest Son for Knighthood, to discharge the duty imposed upon him by the Constitution of the Baronetage ; and that the Right Honourable Baronet be requested by this Com- mittee, as the immediate adviser of the Sovereign, to interpose his official authority in order that the Lord Chamberlain may be directed to present to Her Majesty the Eldest sons of all applying Baronets for Knighthood according to the tenor of the Letters Patent, Statutes, p 226 A HISTORY OF THE BARONETAGE and other instruments, whereby successive Monarchs have bound themselves and their successors to the Throne.' These resolutions, together vi^ith an abstract of the pro- ceedings of the Committee relating to this case, were trans- mitted on the following day to the Prime Minister, who replied on the i8th May to the effect that he approved of the course pursued by the Lord Chamberlain, and that he must decline therefore to interpose his official authority for the purpose of inducing the Lord Chamberlain to depart from it. This reply having been laid before the Committee, they adverted to the subject in the Report made to the Annual Meeting of the Baronetage, held on the 4th of June, in the following terms : — ' Considering that a Petition from the Order praying for a judicial hearing before the Queen in Council has been refused j that the opinions of Counsel have been taken upon the subject, and that they have reported they think there is no tribunal whereby the Lord Chamberlain can be compelled to discharge the duty imposed upon him by the Letters Patent of the lOth and 14th Jac. i. ; that the compact between the State and the Baronets of Scotland is, that their Eldest Sons shall be inaugurated Knights (Equites Aurati) by the reigning Sovereign, whensoever they, or any of them, shall require that Order ; that the Lord Chamberlain, on the formal requisition of Mr. Broun, has declined to present him to the Sove- reign for inauguration as a Knight ; and finally, that the Prime Minister by approving of the course taken by the Lord Chamberlain in the face of a recorded Protest of the Committee has sanctioned a transaction of the most illegal, arbitrary, and unprecedented nature, your Committee are of opinion that the time has arrived when it devolves upon the Order either to submit to a course which would countenance the doctrine that the Queen is not bound by THE PRIVILEGES OF THE DEGREE 227 the acts of her predecessors — would warrant the supposition that there was no faith or honour in the mind of His Majesty King Charles i., when he promised, on the word of a Prince, for himself and his successors, that this particular Grant should be onerous on the Crown — and which would for ever compromise the dearest rights and immunities of the Baronetage, or else to assert and make good this vested and indefeasible prerogative, by such acts and regulation of the Body, as shall comport with the dignity of the Order — evince its wonted fealty to the Commonwealth — and uphold those principles of honour, justice and truth, which are the basis of all Law and Privilege in the Realm.' At the Anniversary Meeting held on the 4th June the above proposition was considered ; and subsequently, on the motion of Sir William Ogilvie, seconded by Sir R. Jodrell, it was unanimously resolved — ' That the Prime Minister having approved of the course pursued by the Lord Chamberlain in the case of Mr. Broun's application for Knighthood, which course the Committee for Privileges, after mature deliberation, have found and declared to be in direct con- travention of the Constitution of the Baronetage, a Statute Law of the Realm of Scotland, the Articles of Union, the obligations of the Coronation Oath, and the unbroken precedents of 230 years, this General Meeting do require of Mr. Broun, in whose person the national rights of the Eldest Sons of the whole Baronets in the United Realm have been violated, that he will, in virtue of his being a Knight de jure^ as the Eldest Son of a Member of the Order of ancient creation, vindicate this fundamental and unalienable privilege of the Eldest Sons of Baronets, by henceforth using, taking, and enjoying the ancient chivalrous dignity of a Knight (Eques Auratus) with the immunities and precedencies thereunto belong- ing : and that the Committee for Privileges do record the same in the Journals of the Order, that the precedent may rule in future the cases of all such Eldest Sons of Baronets as may hereafter apply for Knighthood under the Letters Patent of the loth and nth 22 8 A HISTORY OF THE BARONETAGE Jac. I., and experience a similar arbitrary and illegal course of pro- cedure on the part of the responsible Officers of the Crown.' This Resolution having been passed, Mr. Broun rose and addressed the Meeting, and formally assumed Knighthood, throwing the responsibility of his doing so upon the Lord Chamberlain and the Prime Minister who sanctioned the Lord Chamberlain's conduct. On the 17th May 1895, Mr. Claude Champion De Crespigny, eldest son of Sir Claude Champion de Crespigny, claimed the honour of knighthood in accordance with the clause contained in the Patent of the 31st October 1805 > and after considerable correspondence on the subject, the following letter was received from the Home Office : — ' Whitehall, ' I2th March 1896. *SlR, 'With reference to your letter of 17th May last, addressed to the Lord Chamberlain, claiming the honour of Knight- hood, as eldest son of the present Sir Claude de Crespigny, Bar*., I am directed by the Secretary of State to acquaint you that he has consulted the Prime Minister on the subject, and is informed that Lord Salisbury is advised by the Lord Chancellor that the claim in the Patent of Baronetcy, upon which your application is based, is not, in his Lordship's opinion, valid, and that accordingly Lord Salisbury regrets that he is unable to submit your name to the Queen for the honour aforesaid. ' I am, Sir, ' Your obedient Servant, 'Charles S. Murdoch. *C. C. DE Crespigny, Esq.' It is exceedingly difficult to form any opinion as to why the clause in the Patents of Baronets granted before the THE PRIVILEGES OF THE DEGREE 229 19th December 1827, relating to knighthood, should not be valid, and the following extract from a letter of Sir William Betham, a former Ulster King of Arms, and a recognised authority on all matters appertaining to Dignities, may be here given : — ' I am surprised to hear such a doubt started by the Law Officers of the Crown, as that the Sovereign has not a right to bind his successors to confer the honor of Knighthood on the Eldest Sons of Baronets; for it was part and parcel of the Constitution at the foundation of the Order, and consequently part of its essence, and therefore inseparable from it.' It has been suggested that should this privilege of claiming knighthood be definitely abandoned by the Baronets of older creations, a substituted privilege commemorative of their former right might be conceded to them. The Knights Grand Cross of the Order of the Bath are entitled to bear supporters to their Arms although those holding this distinction rank beneath the Baronetage. At the present time the Baronets (as such) are not entitled to bear supporters. In the time of James i. supporters were confined to Peers and Knights of the Garter ; and they were not borne by Knights of the Bath until the creation of the Order as a regular Military Order of Knight- hood, by George i. in 1725, for which purpose a special statute was issued. The decree of 1612 assigned the armorial distinction to be borne by the Baronets of England and their descendants, as being ' either in a canton in their coat-of-arms, or in an inescutcheon, at their election, the arms of Ulster, that is, in a field argent, a hand gules, or a bloody hand.' 230 A HISTORY OF THE BARONETAGE It does not appear that there is any authority either in their patents or elsewhere for the Baronets of Scotland to bear supporters, although Edmondson in his book on Heraldry (vol. i. p. 193) states : ' The Nova Scotia or Scotch Baronets are by their patents of creation allowed to carry supporters, notwithstanding that privilege was not indulged to the baronets of England at the time of the institution of their dignity. Some of them indeed bear supporters, but it is by virtue of a royal license obtained for that especial purpose.' In the later Patents of Baronets of Scotland occurs the following clause respecting their armorial bearings : ' Manda- mus per praesentes Leoni nostro Regi armorum suisque fratribus fecialibus ut tale additamentum armorum prassenti- bus insigniis praenominati A B sicuti talibus casibus usitatum est dent et praescribant.' This clause is sometimes varied, as, for example, the fol- lowing : — ' Leoni porro Armorum Regi ejusque fratribus fecialibus additamenta praesentibus insigniis armoriis dicti A B quas huic occasioni congrua et idonea videbuntur dare et prasscribere imperamus.' Should supporters be granted to the Baronetage, they might be either at choice or else consist of two Equites Aurati, commemorative of the Order of Knighthood, with which all Baronets created prior to December 1827 and their eldest sons were connected. Before leaving this subject, the following letter from Sir THE PRIVILEGES OF THE DEGREE 231 Warwick Hele Tonkin, written ist February 1842, is worth recording : — ' It is clearly established by precedents that there are two ways of conferring the Dignity of Knighthood by the accolade or by Patent. I take it, therefore, the Baronets are Knights by the latter mode, and I prove it by the following admissions in public ceremonies and Courts of Law. ' When the Installation of the Knights of the Bath took place in Westminster Abbey more than thirty years ago, many Baronets acted as proxies j this they could not have done had they not been Knights by Patent or by being dubbed by the Sovereign : ergo the privilege of the Baronets and Knights are intimately blended together. * Now, with respect to the open and full recognition in Courts of Law, I will refer you to the last Writ of Rights, tried in England at two different Assizes, consequently before four Judges, where three Baronets and one Knight were summoned to come girt zvith Swords and [cum gladio cinctus) as Knights. ' Of this proceeding you have the date, names, and particulars, and as a trial took place, the event is recorded. Thus, then, the privileges of Knighthood are recently confirmed, need I add that the girding with a sword of the infant Prince of Wales is the ancient mode of conferring Knighthood. The Collar of S.S., the Spurs, Signet Ring, and Badge or Star being appended as mere adjuncts of the Sword which was formerly, and is now, in Russia an emblem of nobility. 'The Foreign Office in granting permission, and I am yet to know what legal rights they assume to deny it, to wear a Foreign Decoration, especially assume " the privileges of Knights Bachelor" ; now, if you look into Ashmole's History of the Garter, you see that the Baronets and Knights are united in the proposed distinction recommended by the then Heralds in 1627. What is the difference, then, existing between the two Orders, precedence and the trans- mission of the title to the first, but equal privileges as Knights ? The Baronet's eldest son is a Knight de Jure, since the Knight's 232 A HISTORY OF THE BARONETAGE eldest son is an Esquire de facto ; union is strength, let these Knightly Orders coalesce to establish their privileges at Court and elsewhere. The Herald's College are no corporation in Law, the Lord Chamber- lain has no legal power, it is to the Throne we all must look for a reception, and not to the minister of the day. Let a deputation present a petition to the Queen, there are peers who are Baronets as well as Knights, to them delegate your memorial, it will add to the splendour of the dignity of the Throne, and confirm our attach- ment the stronger to the foundation of all honour.' In addition to the above letter, Sir Warwick Hele Tonkin wrote the following observations on the Writ of Right : — 'The last which was tried in England, by this it would appear that Baronets were legally allowed to be " Knights," Equites Aurati, since they were summoned as Knights as well as Baronets ; how far such summons was strictly right and legal cannot now be proved, since the Law regarding " Writs of Right " is abolished, and the question cannot now be mooted although it evidently admits of a doubt — the word Knight evidently intending to convey in its mean- ing simply Knight Bachelor — which dignity every Knight of an Order must have before he can be admitted or wear a Decoration of the Garter, Bath, Thistle, or any other Order of English Knight- hood. 'The claim to the title of Knight has been legally established on this Trial, and this admission would entitle any Baronet (not a Knight Batchelor) to all the honors and privileges of the Accolade. The decision is therefore highly important to the Baronets, as it would clearly appear they may wear a Badge or Decoration without the personal honor of being Knighted by the Sovereign.' The account of what took place on the occasion referred to is recorded in Woolmer's Exeter Gazette^ as follows : — '1837. 'Devon and Exeter Lent Assize. 'Writ of Right. 'At half-past 12 o'clock this day four Knights, Sir John Duntze, THE PRIVILEGES OF THE DEGREE 233 Sir John Duckworth, Sir Robert Newman, Baronets, and Sir WiUiam Hele Tonkin, Knight, being summoned by virtue of a Warrant from the Sheriff" of the County of Devon, appeared in Court each girt with a sword, to be sworn in accordance with the ancient ceremony. It is more than half a century since this curious Law procedure, which is the last resource for the recovery of Real Estate, has taken place in this county, and it may never occur again in England, as the original Statute is repealed, excepting in cases where suits have been previously pending. The names of the parties in this present case are : — ' Henry Richards, Demandant, 'and ' Lewis Gidley, Tenant. ' The form of proceeding was as follows : — The Counsel moved that the Four Knights be sworn, after which they retired to select Twenty Gentlemen from the Special Jury List, who are termed " Recognitors." ' The Knights then returned into Court and presented Twelve out of the Twenty who had been elected by them at the present Assize to constitute a Jury for the next Summer Assize, which Jury must include the four Knights, and will be denominated The Grand Assize. 'The attendance of the Four Knights girt with Swords is indis- pensably necessary, as the absence of one would render all the trouble and expense useless. ^ Note. — The Knights were sworn in open Court before Mr. Baron Gurney : — All the Knights were in attendance at the follow- ing Assize, and all the special Jurymen selected ; the Cause came on, and was tried. ' The presence of all was extraordinary, as some casualty might have intervened. ' It was the last " Writ of Right " tried in any county in England.' X. Addition of the Arms of Ulster in armorial bearings. — The Second Letters Patent of the loth May 161 2 enacted: — ' The Baronets and their descendants shall and may bear, 2 34 A HISTORY OF THE BARONETAGE either in a Canton in their coat of arms, or, in an inies- cutcheon, at their election, the Arms of Ulster, that is, in a field argent, a hand gules, or a bloody hand.' This was, of course, to commemorate the fact that the degree had been instituted for the protection of that province. The Ulster cognisance as usually blazoned is a hand sinister, but in Mr. Broun's Baronetage for 1843 ^^^ engraved two very ancient seals of the Arms of Ulster, in both of which a dexter hand appears. One is the copy of an impression of a seal which was found between 1830 and 1840 in the vicinity of Magherafelt, and which is considered to have belonged to Murtogh Roe, or the Red O'Neill, lord of Clanaboy, whose family for seven hundred years were hereditary monarchs of Ireland, and who, according to the annals of the Four Masters, died in 1 47 1 . The other is a facsimile of the impression of a very ancient silver seal supposed to have belonged to Hugh O'Neill, King of Ulster, and was in the collection of Sir Robert Walpole, at Strawberry Hill. The inscription bears no date, but is as follows: '6". Odonis O' Neill Regis Hybernicorum Vltonia' Sylvanus Morgan in his Sphere of Gentry, published in 1 66 1, states that the Canton of the Shield or the Escutcheon of Pretence bearing the Ulster Hand is not to be taken up at pleasure, but is to be allowed by a certificate, quoting as his authority one granted by Sir William Segar to Sir Richard Baker, Baronet, as follows : — ' To all and singular persons, as well Nobles, as others, to whom this present Certificate shall come, William Segar Garter, principal King at Arms, sendeth greeting in our Lord God everlasting. THE PRIVILEGES OF THE DEGREE 235 Know ye, that I the said Garter, at the request of the much Honoured Sir Henry Baker, Knight, and Baronet, have added, and annexed to his Antient Coat of Arms, which is Azure, three Swans heads erased proper, an Escoucheon Argent charged with a hand Sinister Gules extended in Pale, being the Arms of the ancient Kings of Ulster in Ireland, and that Honourable augmentation, which now it hath pleased his Majesty to grant and confer unto the Baronets for their more honour, and to their issue for ever, &c.' XI. A place near the Royal Standard in battle. — The Second Letters Patent of the loth May 16 12 enacted : — ' The Baronets for the time being, and the heirs-males of their bodies, shall have place in the Armies of the King's Majesty, his heirs and successors, in the gross, near about the royal standard of the King, his heirs and successors, for the defence of the same.' This honourable position was valuable only to Baronets created or born within a limited period of the erection of the dignity, and the privilege has become practically obsolete. It appears, however, to have been linked from the first with a recognised right of the Baronetage to be represented on occasions of state ceremony, such as coronations, public funerals, and processions. This indeed was natural ; for in the Royal Founder's Decrees, and in Patents of creation, it is provided that the new Baronet may have and take his appointed place and precedence by virtue of the dignity of Baronet in all ' sermons, conventions, assemblies, and places whatsoever.' At the funeral of Henry, Prince of Wales, 7 th December 161 2, the Baronets went above the Prince's Treasurer of his Revenues, the Treasurer of his Household, and the 236 A HISTORY OF THE BARONETAGE Master of the Horse to the Prince ; and particular Baronets were in honourable services, as the banner of the earldom of Carrick was borne by a Baronet, when that of Chester was borne by Lord Howard of Effingham ; the great standard of the Prince was borne by a Baronet, as was also his coronet ; the canopy of black velvet was borne over his effigies by six Baronets, and ten banneroUs about the body by ten other Baronets. Among the ' blackes ' allowed for the several degrees was included seven yards for Baronets and eight for their servants or followers. Early in the procession the servants of Baronets had a place assigned to them after the servants of Knights and before the servants of sons of Barons. In the procession to Parliament in 16 14, Baronets went above the King's Attorney-General, and the Solicitor-General, the King's Sergeants and Knights of the Bath. They also went above those who had been the King's Ambassadors and Lords Presidents in Ireland. At the funeral of Queen Anne of Denmark, who died 2nd March 16 18, and was buried on the 13th May follow- ing. Baronets went above the following principal officers of the Prince of Wales's Court, viz. : the Cofferer, the Comptroller and Treasurer of the Household, the Keeper of the Privy Purse, the Master of the Wardrobe, and the Prince's Chief Commissioners, and next above Sir John Bennet the Chancellor to the Queen. In the solemn procession made by James i. to St. Paul's Cathedral on 26th March 1620, Baronets took place of such Knights as had been Ambassadors, Lords Presidents THE PRIVILEGES OF THE DEGREE 237 of the provinces in Ireland, and Lords Deputies of that Kingdom. In the procession to Parliament in 1620, Baronets went above the King's Attorney-General, and the Solicitor-General, the King's Sergeants and Knights of the Bath, the Master of the Ordnance, Masters of the Requests, Gentlemen of the Bedchamber to the King, the Vice-Admiral and Knight Marshal, the Treasurer of the King's Chamber, and Master of the Jewel Office. At the funeral of the illustrious Prince Ludowic, Duke of Richmond and Lenox, who was of the royal family, and burled in Westminster Abbey, 19th April 1624, Baronets went immediately after the Chancellor of the Duchy of Lancaster, and their servants accordingly. At the funeral of George Monk, Duke of Albemarle, who was buried by His Majesty's order in the chancel of Westminster Abbey, 13th May 1670, Baronets in a body went above the Judge of the High Court of Admiralty, the Knights Marshal and King's Cofferer, as also Knights of the Bath ; and themselves immediately next after Sir John Trevat, the principal Secretary of State, and William Pier- point, Esquire, son of the Earl of Kingston, who walked together. At the funeral of James i., the Standard of the Crest of Ireland was borne and offered by a Baronet, Sir Thomas Button ; at that of the illustrious Duke before mentioned, in 1624, the Banner of Stewart, quartered, was borne by Sir Robert Napier, Baronet ; and at that of the Duke of Albemarle, Sir Thomas Vincent, Baronet, bore the banner 238 A HISTORY OF THE BARONETAGE of Beauchamp, supported by Sir Edward Bray, Knight, on one side, and Colonel Molesworth on the other. At the funeral of H.R.H. Henry Frederick, Duke of Cumberland, in Henry vii. Chapel, Westminster, on the 28 th September 1790, the train of the chief mourner (a Duke) was borne by a Baronet. In the ceremonial for the public funeral procession of Lord Nelson from Greenwich Hospital to the Admiralty on the 8th January 1806, and on the next day to St. Paul's, Baronets were allotted their place in the procession, as also at the funeral of William Pitt in Westminster Abbey on the 22nd of the following month. XI I . A funeral ceremony ' meane betwixt that of a Baron and a Knight^ — The Second Letters Patent of the loth May 1 61 2 enacted : — * The Baronets and the heirs-males of their bodies shall have two assistants of the body to support the pall, a principal mourner, and four assistants to him at their funerals, being the mean betwixt a Baron and a Knight.' XIII. T!he right for all Baronets^ then and in future^ to have Letters Patent under the Great Seal of England to the effect of former Letters Patent of creation and of these presents. — This right appears to have been strictly adhered to. XIV. T^he Degree of Baronet to be^ and be reputed to be, a Degree of Dignity Hereditary^ mean in place betwixt the Degree of a Baron and the Degree of a Knight. — It does not appear that any suggestion has ever been made to create any THE PRIVILEGES OF THE DEGREE 239 hereditary degree since the erection of the Baronetage, and indeed it would be difficult to suggest any useful purpose which would be served by so doing. Many new orders of Knighthood have been created in order to confer personal distinction ; but for those deemed worthy of receiving an honour to be transmitted to their offspring, the augmentation in numbers of the already estab- lished six hereditary degrees has been considered sufficient. XV. Eldest sons of Baronets to precede eldest sons of all Knights^ whatever their Order ; with similar provisions respect- ing other sons^ etc. — Notwithstanding the fact that Knights of the Garter take precedence of Baronets, yet the eldest sons of the latter take precedence of eldest sons of Knights of the Garter (as such), and consequently of the eldest sons of all other Knights. The younger sons of Baronets take precedence immediately before the younger sons of Knights of the Garter, and consequently before the younger sons of all other Knights. XVI. Doubts or questions arising in future concerning preced- ency, privilege, or other matter touching Baronets to be decided according to the rules, custom, and laws of other Degrees of Dignity Hereditary. — This privilege was conferred on the Baronetage by its Royal Founder by his Decree of 161 6, issued five years after the erection of the Degree. In the interval he had settled the very serious dispute which had arisen at the instance of the younger sons of the Viscounts and of the Barons, recorded in Chapter III., and he evidently intended that any future questions relating to the Baronetage 240 A HISTORY OF THE BARONETAGE should be regulated according to the rules, customs, and laws of the Peerage. Unfortunately, however, there is not in existence a single tribunal which even claims for itself the right to deal with doubts and questions relating to the sixth hereditary degree, and as a result there has arisen a very serious abuse in the Baronetage of the assumption of the title in many instances by those who have no right whatever to bear it. The hostihty of the Baronets to the Order of George in., issued in 1783, that every Baronet should register his pedi- gree in the College of Arms, led, unfortunately, to its revoca- tion. In former times the visitation of the Heralds was to a certain extent a restraint on the unlawful usurpation of any name or title to honour or dignity, as they had the power to reprove, control, and make infamous by Proclamation all such offenders. Before any Peer can take his seat in the House of Lords, he has to adduce proper legal proof to that body that he is the person entitled to succeed his predecessor in the title ; but on the death of a Baronet there is no tribunal to prevent an unlawful claimant posing as his successor. Where a Baronet has succeeded to the title held by his father, or uncle, it is not, of course, likely that any one will venture to make himself ridiculous by placing himself in competition for the Dignity. A false assumption of a Baronetcy is, as a rule, made by some one bearing the same name, and usually connected with the family of a Baronetcy, which up to the time of the assumption was supposed to have become extinct through failure of issue. THE PRIVILEGES OF THE DEGREE 241 These false assumptions commenced many generations ago, and it is probably no exaggeration to state that many are now wrongfully describing themselves as Baronets who firmly believe they are entitled to do so in consequence of their father, grandfather, or perhaps great-grandfather, having so styled themselves. The question of how to deal with these false assumptions is at present under the consideration of the Baronetage. XVII. Grants of land in Nova Scotia^ with plenary baronial rights and jurisdiction y and legislative powers, in that plantation. — This has been so fully referred to in the preceding Chapter dealing with the early history of the Baronetage of Scotland and Nova Scotia, that it is unnecessary to do more than state that the following Chapter also contains a reference to the efforts made in 1845 ^7 certain Baronets, whose ancestors had not received their lands, to obtain possession of them more than two centuries later. XVIII. Precedency above lesser Barons in Scotland. — The lesser Barons were those persons who had Charters of Barony from the King, i.e. had their lands erected into Baronies. They sat in Parliament until 1585, when they were excused from attendance on condition of sending representatives, a measure which had actually been put on record so far back as 1487. The following is a copy of the Charter granting to James Colvill the Barony of Culross, bearing date the 20th June 1589:— ' Carta, &c. Jacobi Colvill de Easter Weems, et Haeredibus Masculis de Corpore suo legitime procreatis, seu procreandis, quibus 242 A HISTORY OF THE BARONETAGE deficientibus, propinquioribus et legitimis Hasredibus suis masculis quibusq. cognomen et Arma de Colvill gerent. omnes et singulas terras, dominia, baronias, quae ad Monasterium de Culross, et patrimonium ejusd. juste pertinuerunt, quosquidem omnes et singulas terras annexavimus in unum temporalem baroniam omni tempore afFuturo cum titulo et nomine Baroni^^ de Culross, nuncupandum dando et concedendo memorato Jacobo Colvill, Haeredibus suis masculis et assignatis prescriptis, Titulum, Honorem, et Statum LiBERi Baronis ratione diet, terrarum, simiter et adeo libere sicuti aliquis alius Bard infra Regnum nostrum habuit, habet, vel quovis tempore praecedenti habere poterit. Et volumus quod ille honora- bitur cum Ditione [lie Badge) et Armis Liberi Baronis prout congruit imposterum Baro de Culross appellandus, et quod diet. Jacobus Colvill de Easter Weems, Haeredes et successores sui, Barones de Culross vocabuntur.' XIX. Addition of the Arms of Nova Scotia in armorial bearings. — This privilege can be more conveniently referred to in conjunction with the Badge to which Nova Scotia Baronets are entitled, and is therefore dealt with under No. XXI. It may, however, be here pointed out that the Nova Scotia Arms is the addition which the Baronets were to bear on their shields, while the Badge is a personal decoration not granted until four years later. XX. Power to Members thereof to sit and vote by deputy in the Scottish Parliament when absent from the Kingdom. — It appears to be uncertain whether this privilege was ever exercised by the Baronets entitled thereto. XXI. Right to wear about the neck the Badge of Nova Scotia j suspended by an orange-tawny ribbon. — The distinctive cognis- ance assigned to the Baronets of Scotland was, on the insti- tution of this branch of the Degree, the arms of Nova Scotia, THE PRIVILEGES OF THE DEGREE 243 ' Dicti baronetti gererent vel in paludamentis vulgo lie cantoun in thair coatt of airmis, vel in scutis, thair scutcheonis pro suo arbitrio, arma Nove Scotie.' It appears from blanks in the early Signatures and Charters that at that date the arms of Nova Scotia had not been decided upon ; but Nisbet, in his work on Heraldry, gives the following description of the arms as granted : — ^Argent, a cross of St, Andrew azure (the badge of Scotland counter- changed), charged with an escutcheon of the royal arms, supported on the dexter by the royal unicorn, and on the sinister by a savage or wild man, proper ; and for the crest, a bunch of laurel and a thistle issuing from two hands con- joined, the one being armed, the other naked, with this motto : " Munit hasc altera vincit." ' In 1629, after Nova Scotia had been sold to the French, Charles i. authorised the Baronets of Scotland and their heirs- male to wear and carry about their necks in all time coming an orange-tawny silk ribbon, whereat hung a scutcheon argent, a saltier azure, and thereon an inescutcheon of Scot- land, with an imperial crown above the escutcheon, and encircled with the motto : ' Fax mentis honestas gloria.' Nisbet, after giving the above description of the badge, adds : ' The wearing of which badge about the neck was never much used, but carried by way of canton or escutcheon in their armorial bearings without the motto ' — ' by way of canton, dexter, and sinister ; also by way of an inescutcheon. There 's this difference to be observed, when the badge of Nova Scotia is placed in a canton, and when on an in- escutcheon ; in the first, the inescutcheon of Scotland is 244 A HISTORY OF THE BARONETAGE ensigned with the Imperial crown, whereas the canton cannot be ensigned by reason of its position ; in the last, the escutcheon which it contains is ensigned with the imperial crown, and not the inescutcheon contained.' Some Baronets add the badge as an extra-scutal appendage to their arms, hanging by its ribbon ; but it cannot be charged on the shield. The terms of the royal letter, dated the 17 th November 1629, given in full in Chapter IV., were: 'We authorise and allow the said Lewetennent [Sir William Alexander] and Baronettis and everie one of them, and thare heirs male, to weare and carry about their neckis in all time coming, ane orange tauney-silk ribbane, whairon shall hing pendant in a scutchion argent a saltoire azeuer, thairon ane inscutcheeine of the armes of Scotland, with ane imperiall croune above the scutchone, and incircled with this motto, " Fax Mentis Honesty Gloria" : Which cognoissance oure said present Leivetennent shall deliver now to them from ws, that they may be the better knowen and distinguished from other persones.' In a very interesting article on ' The Insignia of the Baronets,' which appeared in the Scottish Antiquary for April 1898, written by its learned editor, Mr. J. H. Stevenson, F.S.A. Scot., he calls attention to the fact that the King's letter of 1629 does not give the tincture of the oval on which it is placed, but that the general practice in the Office of Lyon King of Arms has been to make it blue. Mr. Stevenson, however, gives three instances where the oval is gold — one being on a portrait in the Parliament House, Edinburgh, and the other two in coats-of-arms in the Lyon THE PRIVILEGES OF THE DEGREE 245 Office. He also adds that in an Heraldic manuscript in the Advocates' Library the oval is green. The practice of wearing the badge by the Baronets of Scotland and Nova Scotia appears to have fallen into de- suetude ; and in 1775 Lyon King of Arms issued a circular letter to those Baronets of this creation, calling their attention to this fact. As a result, a meeting of the Baronets of Scot- land took place in Edinburgh on the 14th June 1775, a resolu- tion was passed to resume the badge, and the following letter was addressed to the Earl of Suffolk, requesting him to lay the intentions of the Baronets of Scotland before the King : — * Edinburgh, June 15, 1775. * My Lord, * In consequence of a circular letter from the office of the Lord Lyon King of Arms, directed to the Baronets of Scotland created before the Union, there was yesterday a meeting of the Order held here ; where, from respect to the Crown which conferred these honours, and in justice to their own families, they resolved unanimously to resume the Badge of their Order. 'They have directed us to inform your Lordship of their proceedings, and to intreat of you to lay their intentions before the best of Sovereigns. ' We have the honour to enclose a copy of the circular letter sent us by the Lyon-office ; an authenticated extract of the Royal Warrant for wearing the Badge of the Order ; and a copy of the minutes of the proceedings of yesterday. ' We have the honour to be, ' My Lord, ' Your Lordship's most obedient, ' And most humble servants, '(Signed) Robert Gordon, Praeses. William Forbes. Home John Dalrymple. Alexander Maxdonald. A. Stirling.' 246 A HISTORY OF THE BARONETAGE The following letter was also sent to Lyon King of Arms : — 'Edinburgh, June 28, 1775. ' My Lord, ' As a Committee of the Baronets of Scotland, who met here on the 14th instant, we have the honour to enclose for your Lordship a copy of the proceedings of the meeting, and of the letter which they wrote to the Earl of Suffolk. * In conformity to the orders of the meeting, we also, in the name of it, return our thanks to your Lordship, for the obHging attention which upon this occasion you have shown to the honours of your country ; an attention which, while it flatters us greatly, must also add respect to your Lordship, and an office which we consider as one of the guards of the honours of families. ' We have the honour to be with the highest respect, ' My Lord, ' Your Lordship's most obedient * And most humble servants, ' (Signed) William Forbes. John Inglis. John Dalrymple. Alexander Dick. John Gordon.' The Gentleman's Magazine^ under date 29th November 1775, records the result of this resolution : — ' Several Scotch Baronets appeared at Court in the ensigns of an Order which has lain dormant near 150 years. It was originally called "A Nova Scotia Order," and has been lately revived.' CHAPTER VI LATER HISTORY OF THE BARONETAGE In the progress of time, as was only natural, abuses crept into the degree, and pretenders to the dignity from time to time appeared, claiming to be the successors of Baronets, the similarity of their family name affording frequently the sole ground for their assumption of the title. Representations were from time to time made to the Crown by the Baronets, with the result that on the 3rd December 1783 a Royal Warrant was issued with a view to correct the most important abuse, namely, the wrongful assumption of the style and title, and prohibiting the in- sertion of the title in any commission, warrant, or appoint- ment thereafter to be issued from any of the Public Offices, without a certificate of the right of the respective parties so using the title being first obtained from the College of Arms. This Warrant was published in the London Gazette, 2nd to 6th December 1783, as follows : — ■ 'College of Arms, Dec"" 6th 1783. ' His Majesty has been pleased by Warrant under His Royal Signet and Sign Manual, bearing Date at St. James's the 3rd Instant, to declare and ordain, that, for correcting divers Abuses which have of late Years crept into the Order of Baronets, 247 248 A HISTORY OF THE BARONETAGE (many Persons having assumed that Title without any just Right) and for preventing the like in future, the Title of Baronet should not, from the Date thereof be inserted in any Commission, Warrant, Appointment, or other instrument, thereafter to be issued to any Person claiming or using the said Title from either of His Majesty's Offices of Secretary of State, or from any other of His Majesty's Offices whatever, until such Person so claiming or using the said Title, or some one on his Behalf, should have proved his Right thereto in His Majesty's College of Arms, and produced a Cer- tificate thereof from the said College, under the Common Seal of that Corporation. 'And that His Majesty's Secretaries of State for the Time being, should not, from thenceforth, prepare any Warrant to pass under the Royal Signet and Sign Manual, for the purpose of advancing any Person to the Degree of a Baronet of Great Britain, until it should appear, by a proper Certificate, that the Family Arms of the Person so intended to be advanced, together with so much of his Pedigree at least as may be necessary to ascertain the Descent of the Title, should have been duly registered in His Majesty's College of Arms ; and that the Clerk of the Crown for the Time being should transmit all Patents of Baronets, thereafter to be created, as soon as might be after they should have passed the Great Seal, to the Register of the College of Arms, for the Purpose of an authentic Registry thereof in the said College, which Patent, so registered, should be returned to the Clerk of the Crown, for the Use of the Person to whom the same should be granted. * Surrey, D. E. M.' On the publication of this Warrant, a number of the Baronets, although the step taken was intended for their protection, and made in consequence of the representa- tions of many of their own body, took offence. At a meeting of several Baronets held at the Star and Garter, Pall Mall, on the 12th May 1784, it was resolved that a General Meeting of Baronets of Great Britain should be LATER HISTORY 249 held on the 22nd of the same month ; and accordingly on that day fifty-three Baronets attended, with Sir Henry Hoghton in the chair. A Resolution was passed electing a Committee of twenty- one Baronets to consider the Warrant of the 3rd December 1783, and what steps would be most proper to take there- upon ; and Mr. Joseph Edmondson, Mowbray Herald Extra, was appointed Secretary. Accordingly, at a Meeting of the Committee held on the 25th May, the Royal Warrant was taken into consideration ; and Sir Henry Hoghton, Sir Harbord Harbord, and Sir George AUanson Winn were appointed to wait on the Deputy Earl Marshal, and request to be informed of the specific abuses alluded to in the Warrant. Two days later the Committee met again at their head- quarters, the Star and Garter in Pall Mall, when the deputation informed the Committee that they had waited on Lord Surrey and conversed with him on the subject. His Lordship informed them that the Order arose from a representation to him, that several had assumed the title of Baronet who neither themselves nor Ancestors had been so created, that persons got their names inserted as Baronets in Commissions, which were to pass under the King's Sign Manual, and that from such time they assumed the title. His Lordship further said he had, from a regard to and a wish to support the Order of Baronets, taken that as the best and most effectual mode in his power to prevent such innova- tions in future, and that he could not inform the Committee of any mode of removing or getting out of the list those 252 A HISTORY OF THE BARONETAGE At a meeting of the Committee held on the 2nd June, it was arranged that Sir Henry Hoghton, Sir Harbord Harbord, and Sir George AUanson Winn should wait upon Lord Surrey, show him a copy of the Petition, and request him to favour them with some plan to be laid before the Committee as should appear to him proper for establishing a Committee of Baronets, who might in conjunction with his Lordship, assisted by the College of Arms, decide upon such disputed claims as might be referred to them, or for any other matters relating to their Order, and to request the attendance of some of his Lordship's Officers, who might inform the Committee in what manner the Baronets' Patents of creation were formerly registered in the College of Arms, and in what manner they were at that time registered. Two days later the Committee again met, when Mr. Edmondson, their Secretary, submitted a plan ' for the better regulation of the Order and to prevent the abuses therein.' This was read and ordered to be entered in the Minutes. At a meeting on the 8th June, Mr. Heard and Mr. Brooke, Officers of the College of Arms, attended by order of the Deputy Earl Marshal, and were asked several questions ; but not being fully prepared with answers, they were desired to attend the next Committee, and at the meeting on the 1 1 th June they accordingly attended and laid several papers before the Committee for their con- sideration. A General Meeting of the Baronets was held on the 29th June 1784, at which it was resolved the Petition to LATER HISTORY 253 the King should be delivered as soon as convenient, also that fair copies should be made for each Secretary of State, and that a paper setting forth the inconveniences of the Earl Marshal's Order, as also the request of the Baronets for a mode to be established by them for the better regulation of the Order, be given to each Minister, A considerable number of meetings of the Committee was held ; and at a General Meeting of Baronets held on the 19th February 1785, Sir Harbord Harbord read the following letter from Lord Sydney, received by him that morning : — ' Lord Sydney presents his compliments to Sir Harbord Harbord, and in return to the Petition delivered to him by Sir Harbord Harbord, Sir Edward Astley and Sir George Allanson Winn has the honor of acquainting him that there will be no difficulty in recalling the Proclamation of which the Baronets complain, that the King's Servants will be ready to consider of any plan of a Court of Honour or Committee to be established consisting of a number of their own Order to prevent the title of Baronet being assumed by those who have not a right to it. But with regard to the wearing a Badge as an Hereditary Order, many objections have been raised to it, and it seems by no means agreeable to many of the Order of Baronets themselves, so that it will be impossible to comply with that part of the Petition.' The following resolutions were then passed : — ' That the Committee be empowered to take such measures as they shall find necessary to obtain the immediate repeal of the Order of the Deputy Earl Marshal of the 6th December 1783'; also, 'That the Committee be empowered to take such further steps as they shall think prudent relative to the other parts of their petition.' 2 54 A HISTORY OF THE BARONETAGE As a result of this movement, the following Order was issued : — ' College of Arms, 'February 28, 1785. 'Whereas it hath been represented to His Majesty, that some inconveniences have arisen in carrying into execution part of the regulations contained in His Majesty's Warrant of the 3rd of December 1783 relative to the Order of Baronets His Majesty hath been graciously pleased by another Warrant under His Royal Signet and Sign Manual bearing date the 24th instant to suspend the several Regulations contained in the above-mentioned Warrant of the 3rd December 1783 except the clause v^^hich relates to such Persons as shall have been or may be created Baronets after the date of the said Warrant of the 3rd of December 1783 till such other Regulations in this matter shall be adopted as may not be attended with such inconveniences. 'Surrey, D. E. M.' The prayer for the personal decoration of the Baronets, in addition to the badge enjoyed by the Baronets of Scotland and Nova Scotia, was therefore not complied with, one reason being that it would have tended to reduce in value personal distinctions awarded for public services, naval, military, or civil. It is recorded in a manuscript book of collections in Heralds' College that Sir Thomas Frankland, Baronet, when upon a mission at the Court of Lisbon, wore as a badge, suspended by a ribbon of three colours, the bloody hand of Ulster enamelled on a white field, and set round with diamonds. This badge is now in the possession of Mrs. Frankland-Russell-Astley of Chequers Court, Buckingham- shire, who has also a similar one set round with coloured LATER HISTORY "^SS stones. It is said Sir Thomas wore the badge appended to his button-hole by a twisted ribbon of three different colours, namely, blue, green, and red. As long ago as 1627, the Baronets, in conjunction with the Knights Bachelors, endeavoured to obtain a declaration or order from the King that they should wear a distinctive badge upon their bodies to distinguish one Order from another, and give to each respect proper and reverence correspondent. With this object in view they approached Henry Rich, Earl of Holland, who was Captain of the King's Guard, and the representation set forth in substance that, as the honour of Knighthood in divers degrees, with some additions of title and perpetuity thereof, had been, and was, daily imparted from His Royal Majesty to worthy persons and families within his realm of England and Ireland ; ' and as divers were supposed surreptitiously to assume that honour never really conferred by His Majesty, so it seemeth a thing very consonant and much to be desired that His Majesty would be pleased, for a more eminent manifestation of his Royal greatness, and for the discoverie of the aforesaid surrepti- tious assumers, to institute and appoint some distinctive Badge to be worn and carried by all Baronets and other Knights upon their bodies, in such eminent manner and with such diff^erence of the matter and colour of the said Badge, or of the ribband or other thing wherein it shall be borne, or that every man who shall behold and see any such honoured person, may presently discover his degree and title of honour,' A cross of gold was suggested as most fitting, and reasons 256 A HISTORY OF THE BARONETAGE for the same assigned ; and further, that those taking the said badge should have precedence of all who might refuse to take the same, though they should subsequently take it ; and that no such distinguished Baronet or Knight should have his person arrested without being first called before the Earl Marshal to answer the complaint against him. As a result of the appeal made to him, the Earl of Holland addressed the following letter to the Officers of Arms : — *To my very Loving Friends Sir Richard St. George and Sir John Borough, Knights, and the rest of His Majesty's Officers of Arms — or to so many of them as are in town at receipt hereof. ' HOLLANDE.' * After my hearty commendations unto you — ' Whereas there hath been a proposition made unto me to move His Majesty to declare His Royal pleasure by proclamation that all Baronets and Knights Bachelors should wear several Orders in Ribands of several colours to distinguish one Order from another, and both from persons of inferior quality, in such sort as the Knights of the Bath by His Majesty's commandment at this time do, I have thought fit to recommend the same to your considera- tion, who are best able to judge of matters of this nature, and to entreat your opinion of the fitness and conveniency thereof on His Majesty's behalf and that of his subjects. 'Whereon desiring your Answer with all convenient speed, I bid you heartily farewell and rest. ' Your very loving friend, ' HoLLANDE. * Whitehall, 29th June, 1627.' To this letter the Officers of Arms sent the following reply : — LATER HISTORY 257 'To the Right Hon. our very good Lord Henry Earl of Holland, at the Court. * Right Honourable and our very good Lord, ' Whereas Your Lordship w^as pleased by your Letter of the 29th of June last past (inscribed to us Sir George St. George and Sir John Borough, Knights, and the rest of His Majesty's Officers of Arms, or unto so many of them as were then in town), to recommend unto our consideration a Proposition made unto Your Lordship to move His Majesty to declare His Royal pleasure by proclamation that all Baronets and Knights Bachelors should wear several Orders in Ribands of several colours to distinguish one Order from another, and both from persons of inferior quality, in such sort as the Knights of the Bath by His Majesty's Command- ment at this time do, and to entreat our opinion of the fitness and conveniency thereof on His Majesty's behalf, and that of his subjects, and hereon declare our answer with all convenient speed, which Letter being delivered unto Mr. Henry St. George, Richmond Herald, upon Saturday, being the 7th of this instant July, we whose names are hereunto subscribed (the rest of our Society being out of town) were forthwith assembled at our usual place of meeting in the Office of Arms, and having with as much deliberation and maturity as the shortness of time would permit, taken into our consideration the premises, we do most humbly Certify unto your Lordship as followeth, — 'As touching differences, and marks upon robes or in apparel, for distinguishing of degrees and orders, we find the same not only frequent among other nations, but by the ancient usages and customs of this Realm, as time and place required, to have been formerly observed in England. For so were, and yet are, the degrees of Princes, Dukes, Marquesses, Earls, Viscounts, and Barons, distinguished by the number of barrs on their robes among the greater nobility ; And for Distinction of Orders, the Knights of the Garter were formerly distinguished from others, by their George and Garter^ and not long since by their Blue Riband added unto the former. So likewise were Knights (now called Bachelors) anciently known by their Belts, their Collar of S.S. of Gold, their R 258 A HISTORY OF THE BARONETAGE gilded Spurs, and Swords ; and Esquires by their Collar and Spurs of Silver. The Knights of the Bath have also lately been dis- tinguished from other Knights by their Carnation Riband and Jew^el appendent. Of all which v^^e find not that any one so w^orn hath at any time been held or considered as unfit or inconvenient either to the King or subject, but taken and esteemed as a peculiar mark of sovereignty in the giver, and an eminent token of Honor in the receiver, — some of them having been by public Acts of Parliament allowed, and none of them (for ought we know) con- demned by any. And that formerly all Estates, by their differences in apparel, were thought fit to be distinguished according to their Estates pre-eminences, Dignities, and Degrees, is clearly expressed in the preamble to the Statute on Apparel, 24 Hen. viii. cap. 4. — ' The consideration whereof showeth us to be of opinion that if there were respective Ornaments worn for the distinction of the Degree of a Baronet, and the Order of Knights-Bachelors, it would no way be unfit or inconvenient either to His Majesty or to His Subjects. But whether His Majesty's pleasure in this behalf should be declared by proclamation, or what the marks of difference in these cases should be, we must, as in duty bound, humbly leave the same to the consideration of His Majesty. ' All which by way of answer to your honourable Letter we do in all humbleness Certify, and remain your Lordship's most humbly to be commanded. ' Ri. St. George, Clarencieux. Jo. Borough, Norroy. Wm. Penson, Lancaster. Hen. St. George, Richmond. Hen. Chittinge, Chester. Jo. Philpot, Somerset. 'At the Office of Arms, i6th July, 1627.' On the 15th December following, Sir Robert Heath, the Attorney-General, wrote to Sir William Segar, King of Arms, as follows : — LATER HISTORY 259 *SlR, ' I understand that about July last yourself and the rest of the Heralds, or some of your Society, made a Certificate to his Majesty concerning the Baronets etc. — I have received lately a Command- ment from the King concerning that business ; and as I shall have use of the said Certificate for his Majesty's service, I pray you make me a copy thereof with all convenient speed. ' So with my love and service to yourself ' I remain your very loving friend * Ro. Heath. '15 December 1627.' It does not appear, however, that the King was advised to comply with the request, as no Order was made, nor any badge, ornament, or vestments assigned to either the Baronets or the Knights. After the second unsuccessful attempt to obtain a badge made at the same time, the Baronets were successful in their application that the terms of the Royal Warrant of the 3rd December 1783 should be rescinded, no further movement was made by the Baronetage until 1834, when Mr. Richard Broun, heir-apparent to Sir James Broun of Colstoun, Haddingtonshire, a Baronet of Scotland and Nova Scotia, already referred to as having at a meeting of Baronets assumed knighthood on the honour being refused him when claimed, revived all the questions relating to the privileges of the Degree. After a conference with his friends in the Baronetage, Mr. Broun issued a short statement of the original institu- tion of the Degree, dated the 9th August 1834, to which was annexed a private Circular intimating that it was put 26o A HISTORY OF THE BARONETAGE forward by a few members of the Baronetage desirous of a revival of the rights and privileges which had fallen into disuse. The Circular also requested the recipients to com- municate whether they would take part in the proceedings either personally or by proxy. As a result of this Circular and further correspondence, a preliminary Meeting of Baronets was held at the Clarendon Hotel, Bond Street, London, on the 26th May 1835. The proceedings commenced by Sir Charles Cockerell, Baronet, M.P. for Evesham, expressing the hope that the circum- stance of his having been one of the Baronets who had taken an interest in originating the measures before the Meeting, would be considered as an apology for taking a lead in the proceedings. He then proposed that Sir Francis Shuckburgh, the senior Baronet present, should preside upon the occasion, which was unanimously approved. Sir Francis Shuckburgh having taken the chair, observed that the object of the meeting over which unexpectedly he had the honour to preside was, as stated in the second para- graph of the Circular convening it, for the purpose of taking into consideration a case that had been prepared to establish, by charter and other documentary evidence, the right of the Order to enjoy the style of ' The Honourable,' the conjunct dignities of ' Knight & Baronet,' to wear the Collar of S.S., etc., to bear Supporters, etc., and to deter- mine what further steps should be adopted for the revival of their privileges ; also to take into consideration a proposal which would be submitted for petitioning His Majesty to grant that the Ulster Badge might be worn upon the person. LATER HISTORY 261 Sir Francis then requested Mr. Broun to read the Case referred to in the Circular. After a few prehminary remarks, in which he referred to the number of Baronets who were in sympathy with the movement, Mr. Broun read the Case which he had prepared, the object of which, as stated in the preamble, was by adducing in detail from official records, ancient manuscripts, and the writings of genealogical and heraldic authorities, extracts and notices corroborative of their truth, to establish seriatim the accuracy of the conclusions arrived at. The^^Case stated that the Inquiry divided itself into four branches : — I. To establish the right of the Baronets, individually and conjunctly, to enjoy the honorary epithet of 'The Honourable,' 1. To prove that the Baronetage is, like the Peerage, a union of Dignities ; and that the members of it are entitled to enjoy the style of * Knight & Baronet,' together with the immunities and insignia pertaining to both. 3. To prove that the Baronetage, in right of its being a conjunct Dignity, is privileged to wear the Collar of S.S,, etc. 4. To show that the Baronetage are entitled to bear Supporters, Coronets, etc. It is not necessary to give any extracts from the Case, as the various points raised in it have either already been referred to in preceding chapters, or will be mentioned later 26o A HISTORY OF THE BARONETAGE forward by a few members of the Baronetage desirous of a revival of the rights and privileges which had fallen into disuse. The Circular also requested the recipients to com- municate whether they would take part in the proceedings either personally or by proxy. As a result of this Circular and further correspondence, a preliminary Meeting of Baronets was held at the Clarendon Hotel, Bond Street, London, on the 26th May 1835, The proceedings commenced by Sir Charles Cockerell, Baronet, M.P. for Evesham, expressing the hope that the circum- stance of his having been one of the Baronets who had taken an interest in originating the measures before the Meeting, would be considered as an apology for taking a lead in the proceedings. He then proposed that Sir Francis Shuckburgh, the senior Baronet present, should preside upon the occasion, which was unanimously approved. Sir Francis Shuckburgh having taken the chair, observed that the object of the meeting over which unexpectedly he had the honour to preside was, as stated in the second para- graph of the Circular convening it, for the purpose of taking into consideration a case that had been prepared to establish, by charter and other documentary evidence, the right of the Order to enjoy the style of ' The Honourable,' the conjunct dignities of ' Knight & Baronet,' to wear the Collar of S.S., etc., to bear Supporters, etc., and to deter- mine what further steps should be adopted for the revival of their privileges ; also to take into consideration a proposal which would be submitted for petitioning His Majesty to grant that the Ulster Badge might be worn upon the person. LATER HISTORY 261 Sir Francis then requested Mr. Broun to read the Case referred to in the Circular. After a few preHminary remarks, in which he referred to the number of Baronets who were in sympathy with the movement, Mr. Broun read the Case which he had prepared, the object of which, as stated in the preamble, was by adducing in detail from official records, ancient manuscripts, and the writings of genealogical and heraldic authorities, extracts and notices corroborative of their truth, to establish seriatim the accuracy of the conclusions arrived at. The^Case stated that the Inquiry divided itself into four branches : — I . To establish the right of the Baronets, individually and conjunctly, to enjoy the honorary epithet of ' The Honourable.' 1. To prove that the Baronetage is, like the Peerage, a union of Dignities ; and that the members of it are entitled to enjoy the style of ' Knight & Baronet,' together with the immunities and insignia pertaining to both. 3. To prove that the Baronetage, in right of its being a conjunct Dignity, is privileged to wear the Collar of S.S., etc. 4. To show that the Baronetage are entitled to bear Supporters, Coronets, etc. It is not necessary to give any extracts from the Case, as the various points raised in it have either already been referred to in preceding chapters, or will be mentioned later 262 A HISTORY OF THE BARONETAGE on. At the conclusion of Mr. Broun's reading, the Chair- man expressed the strong sense which he entertained of the satisfactory and conclusive nature of the evidence adduced in support of the rights and privileges of the Baronetage ; and eventually a resolution was passed for convening a General Meeting of Baronets on the 22nd June following to pass resolutions declaratory of the intention of the Degree to reserve the rights and privileges pertaining to the Baronetage, which had fallen into disuse, and also to petition the Crown that the Ulster Badge should be worn upon the person. A Provisional Committee was appointed, Mr. Richard Broun being requested to act as its Honorary Secretary ; and a subscription list was opened. As a result, two petitions were presented to the King, set- ting forth the grounds on which the Baronets claimed to have prefixed to their names the style of ' Honourable,' praying for grants of Supporters to their arms, vestments, and other decorations of estate, and a distinctive badge; also to hold a Chapter. These petitions were eventually referred to the College of Arms through the Earl Marshal, who, after consideration, issued the following Report : — * Report of the College of Arms upon the Petition of certain Baronets of England, Scotland, and Ireland and of the United Kingdom, addressed to His Majesty King William iv., and through the Earl Marshal referred to the consideration of the College of Arms, 29 August, 1835. 'College of Arms, 31st October, 1835. *My Lord Duke, 'The Members of this College, assembled in Chapter, LATER HISTORY 263 having, in obedience to your Grace's commands, signified in your letter of the 29th of August last, transmitting two Petitions addressed to the King by certain Baronets of England, Scotland, Ireland, and of the United Kingdom, taken the same and the accompanying Papers and Drawings into their consideration, have the honour to report to your Grace their opinion thereon. ' The Prayer of one of these Petitions is, that his Majesty would be pleased to direct and command the proper Officers, * istly. To receive, consider, and report to his Majesty upon the evidence to be produced in support of the claim of the Petitioners to the style of" The Honourable'''* : * 2ndly. To issue His Royal Warrant to Garter King of Arms, and his fraternity, to assign Supporters to all Baronets : '■ 3rdly. To issue a similar Warrant to the Master of the Robes, or other proper Officer, to assign to the Petitioners appro- priate Vestments and other Decorations of Estate^ in virtue of their conjunct dignities of Baronet and Knight, according to the relation of the Order to the Orders of Nobility, and the principle laid down in the final decree in 1 61 6, of King James the First : * 4thly. To approve the formation of a Chapter of Baronets for the regulation of the Order by statutes to be prepared by the Petitioners, and afterwards submitted for His Majesty's royal approval and sanction. 'The Prayer of the other Petition is — *That His Majesty would be pleased, by His Royal Warrant, to grant permission to the Petitioners to wear, with an appropriate ribbon suspended on their persons, when they approach the Royal Presence (as usual with all other degrees in the State similarly privileged) the Badge which was conferred upon their ancestors by the illustrious Founder of their Honours. ' I. In regard to the claim of the Petitioners to be styled " The Honourable " — * We beg leave to observe that the evidence, adduced in the 264 A HISTORY OF THE BARONETAGE subjoined case of the Petitioners, in support of the allegation, " That the Order of Baronets did, before as well as subsequently to the Revolution, enjoy such style, though it has now fallen into disuse," and consisting of instances of the attribution of such style in printed Books, Deeds, Letters, Monumental Inscriptions, and elsewhere, cannot be received as authority for the same. If Baronets have been so addressed on the occasions mentioned, such address has been no more warranted by authority than when the same style has been applied to Field Officers in the army and others, and been, in such cases, an evident infringement on the style which is given by courtesy to the sons of Earls, Viscounts, and Barons, whilst the style, place, and precedence of Baronets were definitely fixed by the Decree of King James the First, to be after the younger sons of Viscounts and Barons. * The style of " The Honourable ' is given to the yudges and to the 'Barons of the Exchequer^ with others ; because, by the Decree of the loth of King James the First, for settling the place and pre- cedency of the Baronets, the Judges, and Barons of the Exchequer, as well as others therein mentioned, were declared to have place and precedence before the younger sons of Viscounts and Barons. ' But the Patents of Baronets, having expressly designated and fixed what their style shall be, viz. that the appellation of "iS/r" shall be prefixed to their Christian names, and that of *' Baronet" added to their surnames, we humbly conceive that no other appella- tion was intended by the Founder of the Order to be given to them ; and that the style of " The Honourable^'^ if conceded, would create such confusion, and interfere with and intrench upon the privilege which courtesy has assigned to the sons of Peers of the Realm, and others adverted to. ' 2. On the arguments for conceding to the Baronets the privilege of bearing Supporters to their arms — ' We have the honour to observe, with reference to the four grounds upon which the claim to such Privilege is stated by the Petitioners to rest — * I. That the Letters Patent of King James the First, and Charles the First, do not contain, as inferred in the case LATER HISTORY 265 of the Petitioners, any direction whatever, positive or implied, upon the point in question : *2. That the Provision, cited from the Decree of the lOth James the First, for ordering and adjudging any question that might thereafter arise touching the privileges or other matters concerning Baronets, according to the usual rules, customs, and laws by which matters concerning other degrees of dignity hereditary are ordered and adjudged, could not have contemplated any question con- cerning the bearing of Supporters, the right to which was then limited to the Peers of the Realm and the Knights of the Garter : * 3. That the exceptions to the general rule, by which the bearing of Supporters is now limited to the Peers of the Realm, the Knights of His Majesty's Orders, and the Proxies of Princes of the Blood Royal at Installations, have been, by the especial grace and favour of the Crown, either in reward of eminent services and merits, or upon consideration of the weight of which the Sovereign alone, as the Fountain of Honour, has the right of judging. « We do not feel it necessary to offer any observations upon the practice referred to under this head, in the case of the granting Supporters to Baronets by the Lord Lyon King of Arms in Scotland, which, not being founded, so far as we are apprized, upon any authority emanating from the Crown, can surely not be adduced as examples for imita- tion in this part of the United Kingdom. 'The assertion, in the case of the Petitioners, "that the Charters of the Royal Founders of their Order expressly and specially warrant and empower the King of Arms to assign Supporters and a peculiar Coronet or Cap of Estate to the Baronets," requires no comment ; as, upon refer- ence to the Letters Patent cited, they are found to contain no words which could bear that construction. '4. That the grants of Supporters to the Knights Grand Crosses of the Order of the Bath, which are founded upon 266 A HISTORY OF THE BARONETAGE a statute of that Order, upon its Institution in 1725, being for special, military, naval, and diplomatic services, and a personal distinction, and coupled with a personal decora- tion by the hands of the Sovereign, cannot be considered as a precedent for perpetuating that Distinction in the Families of Baronets, although they have a higher place in the Tables of Precedency. ' If the right to such honourable distinction were to be deter- mined by Precedency, the younger sons of Peers, and the Judges and others, who by the Decree above referred to have higher place than those younger sons, and conse- quently take precedence of Baronets and Knights Grand Crosses of the Bath, would, upon the same principle, have a claim thereto : and the Privilege, if conceded upon such ground, would come to be so diffused and common as to render it of little value to those who, by ancient usage, or by especial Grace and Favour of the Crown, are now or may become entitled thereto. ' Finally, we beg leave to remark, upon this part of the case of the Petitioners, that the armorial Distinctions of the Baronets are clearly defined by the Decree of the loth of James the First, before cited, which declares that they shall bear, either in a canton in their coat of arms, or in an inescocheon, at their election, the Arms of Ulster^ a privilege which was afterwards set forth in the Letters Patent of Creation of Baronets down to the present time. ' 3. The claim of the Petitioners to Vestments and other Decora- tions of Estate is stated, in their case, to rest partly upon the Charters of the Royal Founders of their Order, viz. "that Baronets shall be ordered and adjudged, in all matters, as the other degrees oi dignity hereditary are ordered and adjudged," and partly " upon the usual rules, customs, and laws for place, precedence, and privilege," and the circumstance "that all the various degrees of dignity personal have had assigned to them Vestments of Estate." ' Upon this claim we humbly submit that neither do the Charters or Letters Patent referred to bear out this assertion, nor is there LATER HISTORY 267 any analogy established, in the case of the Petitioners, between a supposed right to particular Vestments of Estate, in virtue of their dignity, and the rights of the Peers of Parliament to Robes of Estate and parliamentary, or the rights of the Knights of the Royal Orders to particular Robes under the Statutes of the Orders to which they respectively belong. 'The '■^ other Decorations of Estate'''' alluded to, are enumerated in the case of the Petitioners, and delineated in the accompanying drawings, as follows : — *"i. The Baronets claim the right of wearing a dark-green dress^ as the appropr'iate costume pertaining to them as Equites Aurat'i. 2. The Collar of SS. 3. The Belt. 4. The Scarf. 5. A Star. 6. A Pennon. 7. A White Hat and Plume of White Feathers. 8. The Thumb Ring and Signet. 9. The Sword, Gilt Spurs, &c." This claim purports to be founded upon the clause heretofore con- tained in Patents granting the dignity of Baronet, whereby the King, in pursuance of an ordinance to that effect contained in the final decree before referred to of the loth of James the ist, cove- nanted and granted to and with the person advanced to the dignity that His Majesty, his heirs and successors, would immediately after the passing of the same create and make the Grantee, being of full age, a Knight, and also confer the same honour upon his first-born Son or Heir male apparent, being of full age, upon Notice given to the Chamberlain or Vice-Chamberlain of the Royal Household for the time being. 'This promise and grant were revoked, determined and made void, by Letters Patent dated the 19th December in the 8th year of His late Majesty King George iv., with respect to all Letters Patent for the creation of Baronets to be granted after that date ; 268 A HISTORY OF THE BARONETAGE saving, of course, the rights and privileges then by law^ belonging to any Baronet, ' Upon a reference to the Record of Knights it appears that, in pursuance of the Ordinance in question, thirteen Baronets w^ere (in order, probably, to place them on the same footing with others who had been knighted previously to their advancement to the Baronet- age, and to enable them to use the same style of " Knight and Baronet ") knighted by King James the First within the two years following the date of the Ordinance ; and we find no instance of such knighthood during the remainder of that and the whole of the succeeding reign. * Without entering, therefore, into a discussion how far "the Decorations of Estate " claimed by the Petitioners are to be classed amongst the appendages of Knights Bachelors, or considering the numerous objections applying to the Drawings of Decorations accompanying the Petition, we shall only beg leave to observe that the allegation, reiterated throughout the case of the Petitioners, that Baronets are seized of "the conjunct dignities of Baronet and Knight," is not supported by historical fact ; Knighthood being a strictly personal honour, conferred only by the Sovereign or his Lieutenant or Commissioner, or by Letters Patent under the Great Seal. ' 4. Upon the prayer of the Petitioners that there may be formed *'« Chapter of Baronets for the regulation of the Order by Statutes to be prepared by them and submitted for His Majesty's approval." * It is our humble opinion that the Baronetage being an herditary dignity, whose privileges are already clearly defined and established by the several Letters Patent and other Acts of the Crown by which they are governed, as well as set forth and recited in every Patent conferring the honour, there does not appear to us to be any necessity for assimilating them to the Royal Orders of Knighthood by constituting them a capitular body. ' With reference to the Petition praying that the Baronets may wear suspended by a ribbon on their persons "M^ 'Badge conferred upon their ancestors^"* we submit the following remarks : — ' There is not any record of a Badge having been, as here assumed, LATER HISTORY 269 conferred upon the Baronets of England, Ireland, Great Britain, or the United Kingdom, who by their Patents are to "bear either in a canton in their coat of arms, or in an escutcheon, at their pleasure, the arms of Ulster (to wit) a Hand Gules or a Bloody Hand in a Field Argent." 'This distinction is purely armorial ; and the option of bearing the Arms of Ulster, on a canton or upon an escutcheon in their coat of arms ^ was given only in reference to the possible description of heraldic charges which might render the one mode of displaying the added bearing more convenient than the other. That this is the true construction of the Ordinance is evident from the practice which has always obtained, of placing the Ulster Arms either in canton, or in an escutcheon on a chief, or in the body of the coat of arms. 'King Charles the First having thought fit, for the advancement of the Plantation of Nova Scotia, to extend, in 1625, the Order of Baronets, by creating Baronets of Scotland, the Patents of creation granted thereupon were precisely in the same phraseology, in regard to the style, place, precedency, and other privileges, as those of the Patents of Baronet granted by his royal predecessor ; but with different armorial distinctions, the Baronets of Scotland being directed to bear, as an addition to their arms, either on canton or inescutcheon at their option the Ensign of Nova Scotia being Argent the ancient Arms of Scotland upon a Saltire Azure sup- ported on the dexter by the Royal Unicorn and on the sinister by a Savage proper, and for the crest a Branch of Laurel and a Thistle issuing from two hands conjoined, the one being armed the other naked, with this motto, "Munit haec et altera vincit." And we have no evidence of any Ordinance having been issued, between 1625 ^'^^ the date of the Union, for altering the mode so prescribed of distinguishing the Arms of Baronets of Scotland. 'It appears that King Charles, by his Royal Warrant of 17 November 1629, without reference, however, to his prior Ordinance in regard to this armorial distinction, was pleased to grant a part of it in the form of a Badge to Sir William Alexander, His Majesty's Lieutenant in Nova Scotia, and the Baronets so created " for the 270 A HISTORY OF THE BARONETAGE better advancement of the Plantation of New Scotland," and their heirs male, permitting them to wear about the neck " an orange- tawny silk Ribbon whereon shall hang pendent in an Inescutcheon Argent a Saltire Azure thereon an Inescutcheon of the Arms of Scotland with an Imperial Crown above the Scutcheon and in- circled with this motto : * Fax mentis Honestae Gloria ' ; which cognisance His Majesty ordains his said then Lieutenant shall deliver to them, ' that they may be the better known and distin- guished from other persons.' " ' The Warrant also ordains that " from time to time, as occasion of granting or renewing their patents, or their heirs succeeding to the dignity, shall offer, the said power to them to carry the said Ribbon and cognisance, shall be therein particularly granted and inserted ' ; but we do not find, upon examining such Patents of Baronets of Scotland, after the date of the said Royal Warrant, as we have had the opportunity of inspecting, that the direction to grant and insert in subsequent Patents the permission to wear such Ribbon and Badge was complied with. It may therefore be ques- tionable whether the distinction of a Badge so granted by that Royal Warrant was not intended to be limited to those upon whom the honour had been conferred in reward for their exertions in the settlement of the Colony of New Scotland. ' It is undoubtedly in the power of His Majesty, in his wisdom and in the exercise of his Royal Prerogative, to assign to Baronets, Knights, and any other class of his subjects a Badge, in imitation of the grant made by his Royal Predecessor King Charles the First to the Baronets of Scotland : but we humbly submit how far an hereditary personal decoration in the nature of a Ribbon and Badge (which, if conferred upon the Baronets, would at once decorate upwards of 900 persons, and entail such decoration upon the heirs male of their bodies for ever), would not be an anomaly in this country where personal decorations have been hitherto received only from the hands of the Sovereign by the Knights and Members of his Royal Orders, or by Individuals who have been honoured with medals in commemoration of eminent services rendered to the State. LATER HISTORY 271 'To this observation we may be permitted to add that, in the year 1784, a Petition, having a similar object, was presented to His late Majesty King George the Third ; but it does not appear that His Majesty was pleased to accede to the prayer thereof. ' By order of Chapter, ' Chas. Geo. Young, * To His Grace York Herald and Register. ' The Earl Marshal, * &c., &c., &c.' As a consequence of this Report, the prayer of the peti- tioners was not conceded by the Crown, notwithstanding which Mr. Broun and the Baronets associated with him persevered in their endeavours. The Committee of Baronets took into special considera- tion so much of the Report of the Officers of Arms as related to the Badge, and submitted for the consideration of the Secretary of State for the Home Department some special observations, with the hope of removing his impression that he could not advise the King to comply with the prayer of the Baronets. Correspondence took place between the Committee and the Home Office, and also between both and the College of Arms. On the 30th May 1836, a general meeting of Baronets was held, at which the following Address and Petition to His Majesty King William iv. was adopted, and copies were sent on the 13th June to Lord John Russell, M.P., the Home Secretary, who on the same day replied he would be happy to receive a deputation from the Baronets three days later at the Home Office. 272 A HISTORY OF THE BARONETAGE 'To His Most Excellent Majesty ' King William the Fourth ' &c. &c. ' The Most Humble and Dutiful Address of the ' Baronets of Ulster. 'Sire, 'We whose names are hereunto annexed Baronets of Ulster of the various creations of England, Ireland, and the United Kingdom, approach your Majesty with sentiments of the most profound attach- ment to your Royal Person, and of loyalty to that Throne of which those enjoying the Hereditary Dignity we represent have ever been the strenuous supporters. 'Sire, on the 8th of July last, on the occasion of our laying before your Majesty certain proceedings instituted by us with a view to restor- ing our Order to the original excellence on which it was placed by its Royal Founder King James i., we embraced the opportunity of praying Your Majesty to grant us, as a boon proceeding from your Royal grace and favour, the privilege of wearing as a Badge, on our persons at Court and on other suitable occasions, the cognizance or device assigned to our Order to commemorate the objects for which it was erected. 'Sire, Your Majesty having been pleased to receive that Petition in the most gracious manner, and to assure the deputation who presented it that your Majesty would take a personal interest in our wishes, it is with deep regret that we learn by a communication from Your Majesty's Secretary of State for the Home Department, dated the 23rd November last, that obstacles have interposed to delay the fulfilment of Your Majesty's most gracious intention. ' Sire, after the lapse of two centuries during which every class of Your Majesty's subjects have received large accessions of rights and privileges, we approach Your Majesty, the Fountain of Honour, and sole Arbiter in all matters of Dignity, most humbly representing the anomalous condition in which we are placed when compared with our Brethren of Nova Scotia. ' Sire, we cannot but more strongly hope for the sympathy of your Majesty the supporter, as well as the distributor of all State Honours, when we inform Your Majesty that our Order and Rank are neither LATER HISTORY 273 understood, nor appreciated at the various Courts of Your Majesty's allies, and that we are often when present at those Courts set aside and postponed to our acknowledged inferiors in rank, solely because our personal distinction has no outward decoration or Badge. * Sire, most humbly hoping that your Majesty, in furtherance of already expressed gracious intentions towards our body, will be pleased to put us on the same footing with the Baronets of Nova Scotia (who are of subsequent creation) as regards a Badge, and praying that your Majesty may long continue in peace, prosperity and happiness to sway the Sceptre of this great Nation. ' We remain. Sire, ^ With the most profound respect, loyalty, and veneration ' Your Majesty's most obedient, most dutiful, ' and most faithful Subjects and Servants. 'Signed in the name, by the authority, and on the behalf ' of the following Baronets concurring therein. Roger Greisley, Bar*. Chairman. (Names follow.) The result of this Petition is shown in the following letter: — ' Whitehall, 'Julys, 1836. 'Sir, 'I have had the honour to lay before His Majesty a copy of the Address of the Baronets intended for presentation to His Majesty. ' His Majesty was pleased to say that he would receive the Address of the Baronets at the Levee whenever they wished to present it, and that he should then refer it to me, as his Secretary of State for the Home Department. ' Having considered the object of the Address, and the Report of the Herald's College, my impression undoubtedly is, that I cannot advise his Majesty to comply with its prayer. ' I have the honour to be ' Your most Obedient Servant, 'Sir R. Greisley Bar*. 'J. Russell. ' &c. &:c. &c.' 274 A HISTORY OF THE BARONETAGE At a special meeting of the Baronets' Committee, open to all Baronets and their eldest sons, held at the house of Sir Robert Fitzwygram, Baronet, Connaught Place, London, Sir Francis Shuckburgh, Baronet, in the chair, Mr. William Crawford, Barrister-at-Law, Standing Counsel to the Com- mittee, read a most able address of great length on the subject of the Chartered Rights and Privileges of the Degree. This Address, which was subsequently printed in 1837, and privately reprinted in 1898, after setting out the First Patent of James i., his Decrees of 16 12 and 16 16, pro- ceeded to refer to the privileges of the Degree, and gave very numerous examples to show that the style of ^ Honour- able ' was commonly applied to Baronets for at least 150 years after the erection of the dignity. He then cited many examples to prove that Baronets claimed and enjoyed the personal dignity of Knighthood, and subsequently pro- ceeded to expose many fallacies upon which the Officers of Arms had founded the opinions expressed in their Report of the 31st October 1835 ^° ^^^ ^^^^ Marshal. In all the Royal and state processions (five in number) which occurred in the reign of James i., subsequent to the erection of the Degree, the Baronets enjoyed their place and precedency, they also attended their Royal Founder's funeral. In consequence of the plague raging in London at the time of the coronation of Charles i., no public ceremonial took place. In the list, however, of the nobility privately present on that occasion, the names of many Baronets appear. The rights of the Degree were practically in abeyance during LATER HISTORY 275 the civil wars, and the Baronets allowed them to remain dormant since. It appeared, therefore, to the Committee of Baronets that a suitable occasion on which these could be revived would be on the coronation of Queen Victoria, and accordingly they resolved to present the following Petition to Her Majesty, which was adopted at a General Meeting of the Baronetage, held on the 22nd March 1838 : — 'TO HER MOST GRACIOUS MAJESTY THE QUEEN ' The Petition of the Baronets of the Realm of the various Creations — English^ Scottish and Irishj — ' Most Humbly Sheweth, ' That from the foundation of the Monarchy down to the period of the erection of the Baronetage in the year 161 1, by the ancient rules, laws, and customs of the Realm, all classes of Dignity Hereditary have enjoyed and exercised the privilege of attending their Sovereigns on all great State occasions in the proper place appertaining to their several dignities. 'That in the year 161 1, King James i. erected the Order of Baronets, being the sixth degree of Dignity Hereditary in the Realm. 'That in the year 16 16, King James i. by a final decree and establishment ratified and confirmed the privileges of the Baronets, conferred by former charters, and granted in addition (among other things), " that the said title, stile, dignitie and degree of Baronet, shall be and shall be reputed and taken to be a title, stile, dignitie, and degree of dignitie hereditary, meane in place betwixt the degree of a Baron and the degree of a Knight." 'That by the same charter it was also granted, "that if any doubts or questions not heereby nor by any our recited letters pattents cleared and determined doe or shall arise concerning any place, precedency, priviledge, or other matter touching or concerning the same Baronets, and the heires males of their bodies, such doubts or 276 A HISTORY OF THE BARONETAGE questions shall be decided and determined by and according to such usuall rules, custome, and lawes for place, precedency, priviledge, and other matters concerning them, as other degrees of dignity hereditary are ordered and adjudged." *That the confusion of hereditary and other honors, which obtained during the Commonwealth, caused the chartered rights and privileges of the Order to which your Majesty's Petitioners belong, to become dormant ; but they most dutifully submit to your Majesty, that, as those rights and privileges arising out of charters and decrees of your Majesty's Royal Predecessors, are still in full force and operation, it is fully competent for your Majesty graciously to carry into effect the distinguished favor of which their ancestors were the immediate objects, at the period of the erection of the hereditary degree of Baronet. 'That your Petitioners hailing with the most devoted loyalty and attachment to your Majesty, your Majesty's happy accession to the Throne of these realms, are most desirous of testifying their venera- tion and loyalty to their august Sovereign, by attending in their proper place to do suit and service with the other hereditary degrees of dignity at the Coronation of your Majesty. *That, although your Majesty's Petitioners never undervalued or lost sight of the distinguished privileges attaching to the Order, by virtue of its Royal Charters, yet they never so highly appreciated their value as at the present auspicious moment, when the destinies of this great and happy Country are committed to the hands of a Princess who so abundantly merits, and so fully enjoys, the con- fidence, the love, and loyal attachment of all classes of her subjects. 'Wherefore may it please your Most Gracious Majesty to take the premises into your favorable consideration, and to issue your Royal Commands to the proper Officers of the Crown, to provide a suitable place, and befitting vestments of estate for your Petitioners, at the approaching ceremonial of a Coronation ; and in the event of your Majesty requiring the advice of the Law Officers of the Crown, that your Majesty's Petitioners may be at liberty to appear by Counsel in support of the same ; And your Majesty's Petitioners, as in duty bound, will ever pray.' LATER HISTORY 277 This Petition was forwarded to the Queen through the Home Office on the 9th April 1838, and was referred to the Earl Marshal, who reported it to be his opinion, that there could be no ground for such a claim, and that a compliance with its prayer would lead to very great embarrassment. In order, therefore, to have a judicial determination upon the claim of the Baronets for place at the coronation of the Sovereign, the Committee on the 28th April presented a petition to the Lords and others of the Privy Council, sitting as a Court of Claims. The Privy Council heard the application of Counsel in support of the claim on the 26th June, but came to the conclusion that they were not competent to entertain the Petition. They stated, however, that it was open to the Baronets to petition the Queen to refer the claim to the Attorney-General and Solicitor-General, or to bring it by petition before the Queen in Council. Had the Committee in the first instance adopted the latter suggestion, there would' not have been time to obtain a decision before the Coronation took place ; they, therefore, on the 8 th June, presented a petition to the Queen, praying a reference of the claim to the Law Officers of the Crown. On the 22nd of June, the Secretary of State informed the Committee that ' Her Majesty had not given any commands on the subject of the Petition.' A General Meeting of Baronets took place at the Clarendon Hotel on the loth July 1838, at which the events just recorded were reported and a number of resolu- tions passed, including one to prosecute the rights and 278 A HISTORY OF THE BARONETAGE privileges of the Degree and other matters to an issue, by seeking by petition a hearing of, and judicial determination upon, its claims before the Queen in Council, that tribunal being the one before which, in 1612, the question of pre- cedency between the Baronets and the younger sons of Viscounts and of Barons was argued and decided. At a Special Meeting of the Committee held on the 14th May 1840, it was resolved to issue a Report to the Baronetage, together with a notice inviting them to attend a special meeting to be called for Thursday the 28th May. The Report referred to previous Reports made explaining the proceedings of the Committee from the period of its formation on the 22nd June 1835 to the loth July 1838, and then referred to the unsuccessful attempt to obtain from the Crown recognition of the right to obtain Knighthood by the eldest sons of Baronets on attaining the age of twenty- one. After some general remarks on the Baronetage, the Committee recommended that a permanent Committee should be named by a General Meeting with full power and authority to attend to the common interests of the body, to collect and preserve Records, etc., and that it should be composed of 100 Members, viz. 20 Baronets of England, 16 of Scotland, 14 of Ireland, 22 of Great Britain, and 28 of the United Kingdom. The Report concluded with a recommendation that the attention of the Order should in the first instance be con- centrated on the maintenance of the chartered rights of Baronets and their eldest sons to receive Knighthood, the Riband and Badge, upon Supporters, etc. LATER HISTORY ■19 A Meeting was accordingly held on the 28th May 1840 ; and at an adjourned General Meeting of the Baronetage held at the Clarendon Hotel, London, on the 15 th June 1840, over which Sir Henry Martin, Baronet, presided, a series of resolutions was passed, forming a permanent Com- mittee of Privileges for the Baronetage, ' with full power and authority to attend to, and act for, the common good and benefit of the Order in all matters appertaining to its state and dignity, to collect and preserve records, and other- wise to carry into effect such special instructions as, from time to time. General Meetings of the Order, by resolu- tions duly proposed, deliberately discussed, and afterwards registered, shall give and ordain.' The Meeting then adjourned until the 1 5th July following, on which date ' The Committee of the Baronetage for Privi- leges ' was founded, and consisted of Baronets and their heirs, while such Peers and Privy Councillors being Baronets as concurred in the proceedings were virtute officii Honorary Members. Sir Francis Shuckburgh, Baronet, was appointed Treasurer ; Mr. Richard Broun, Honorary Secretary and Registrar ; and Committee Rooms were taken at the Clarendon Hotel. On the 2nd February 1841 a special Report on Sup- porters, etc., was adopted by the Committee, and the following Recommendations were agreed to : — 'That Supporters, and the other Exterior Heraldic Ornaments, of right incidental to the Baronetage, be adopted by a formal and solemn resolution of the Order, grounded upon this Report ; which Resolution shall be binding henceforth and for ever upon all such 28o A HISTORY OF THE BARONETAGE Baronets of the several creations as shall concur in its justice and propriety. ' That, as Exterior Ornaments only indicate political rank, and do not particularize families, it is advisable that Supporters be brought v^^ithin the influence of the laws w^hich regulate heraldic accompani- ments in general ; and accordingly, that power shall be given by the Order to this Committee to assign such Supporters, and other external ensigns, to members, on their individual application, as shall appear to the Committee best calculated to avoid confusion, and to accomplish all the objects which such additamenta are designed to effect. ' That every Baronet taking Supporters, or other Exterior Orna- ments, in virtue of the recommendation above given, shall register them in the Heralds' Colleges of his native kingdom, or in the office of "The Committee of the Baronetage for Privileges," in order that such a record may be made of the same as shall perpetuate their descent with his family honours for ever.' At a General Meeting of the Baronetage held on the 14th May 1 841, the Special Report from the Committee on Supporters, etc., dated 2nd February 1841, which had been communicated to the Members of the Baronetage, was taken into consideration ; and it was stated that no replies had been obtained from any Member dissenting from the clauses therein drawn, or objecting to the course of the recom- mendations set forth in it ; and after reciting various documents, including Mr. Crawford's Address upon the Chartered Privileges of the Baronetage, dated 15 th July 1837, it was unanimously resolved and declared — 'That the Recommendations set forth in the Special Report from the Committee for Privileges, on Supporters, and other exterior Heraldic Ornaments shall, as finally revised and settled this day, have the strength and effect of Resolutions to be acted upon by all such LATER HISTORY 281 Members of the Order of the several creations (Ulster, Nova Scotia, British and United Kingdom) as now, or at any time hereafter, may concur in their propriety, and, accordingly, that the Committee for Privileges shall be empowered to register the Arms of all such Baronets as shall make application to that effect, with Supporters, and other exterior Heraldic Ornaments, in accordance with the principles laid down in the said Recommendations and the rules and customs which regulate the Armories of the other Degrees of Dignity Hereditary ; such rules and customs having been expressly laid down and appointed by King James the First, the Royal Founder of the Baronetage (for himself, his heirs and successors), as standing and certain Laws whereby the Arms of Baronets at all times, and in every reign, are to be charged and augmented. ' That the ancient honorary style of " The Honourable " which was attributed to the Order by its Royal Founder, and universally ascribed to Baronets and Baronetesses in former reigns, shall be resumed.' At a General Meeting held on the 4th June 1841, the following Resolution, together with a number of others, was passed : — ' That all Baronets in future be requested to put Baronet, or its abbreviation, after their names on their cards of address, and also after their signature in all writings and namings, etc., as a proper and suitable distinction of their rank.' On the 1 8th September 1841, after applications had been reported from a number of Baronets intimating their inten- tion to act on the Resolution passed on the 14th May, and requesting that their Arms might be registered in the books of the Committee, the Hon. Secretary, Mr. Broun, laid before the Committee an heraldic drawing, showing the manner in which it was suggested the Resolution of the General Meeting might be carried into practical effect, and 282 A HISTORY OF THE BARONETAGE then read a very long Exposition, showing that Baronets are privileged to augment their Arms with such exterior Heraldic Ornaments as indicate Baronial and Equestrian Dignity. The Applications to the Committee were made in the following form : — ' To THE Committee of the Baronetage for Privileges. * Noble Sirs, ' It being my intention to act on the Resolutions of the General Meeting of the Order, passed on the 14th of May last, relative to Supporters and other exterior Heraldic Ornaments, I request that my Family Arms, as described on the margin, may be registered in the Books of the Committee, with Supporters and other exterior Heraldic Ornaments, in conformity with the principles laid down in the said Resolutions. ' I have the honor to be, * Noble Sirs, ' Your most obedient Servant, ' Bar*.' In Accordance with these applications the Committee issued Certificates on vellum in the following form : — ' Committee of the Baronetage for Privileges. * London, 184 ' The Royal Founder of the Baronetage having for himself his Heirs and Successors granted and appointed that the usual Rules and Custom which regulate the Armories of the Other Degrees of Dignity Hereditary shall be standing laws whereby the Arms of all Baronets shall be charged and augmented, And the Honour- able Sir Baronet of having intimated to the Com- mittee for Privileges his intention to act upon the Resolutions of the General Meeting of the Order held on the 14th day of May LATER HISTORY 283 1 841 relative to Supporters and other Exterior Heraldic Orna- ments, 'This is to certify that in terms of a minute passed in Com- mittee on the 5th of June last the Arms of the said noble Baronet have been duly registered in the Books of the Committee with the Insignia of right incidental to Baronetage and Knightly Dignity and as exemplified upon the margin are as follows : — 'Coat ' Supporters. Two Equites Aurati proper. • 'Crest 'Motto 'Coronet, Mantle, Helmet, Collar of S.S., Badge and Wreath as blazoned in the Atchievement. 'Given under the Seal of the Order this day of 184 . ' (Signed) R. Broun, Eq. Aur., ' Hon. Secretary and Registrar.' Seal At a Meeting of the Committee held on the loth May 1842, Sir Henry Mervyn Vavasour, Baronet, in the chair, the Committee took into consideration a Memorial from Mr. Broun relative to his application to the Lord Chamber- lain to present him to the Queen for inauguration as a Knight. The result of this application, and the consequent proceedings at the Annual Meeting on the 4th June follow- ing, when Mr. Broun formally took upon himself knight- hood, have already been narrated in the previous chapter. At a Meeting of the Committee held on the 20th June 1842, letters were read from Members who had been absent 2 84 A HISTORY OF THE BARONETAGE from the Meeting of the 4th, offering to the Honorary- Secretary their congratulations on the manner in which he had been called upon to assert his natitial dignity ; and in consequence of suggestions to that effect from various quarters, a resolution was passed to the following effect : — ' That a Testimonial, comprising the insignia appertaining to the degree of Eques Auratus, should be presented to Sir Richard Broun on the occasion of his taking up his Knighthood under the requisi- tion of a General Meeting, as a pledge of their approbation of his conduct, and their determination to revive all the rights and orna- ments belonging to that ancient equestrian honor.' A number of Baronets were appointed Trustees, and empowered to take whatever steps were necessary to carry this resolution into effect. As a result, the so-styled Sir Richard Broun, at a Meeting on the 27 th May 1843, was presented with a Testimonial which comprised a golden Collar of S.S., a Sword, Ring, Spurs, etc. It is exceedingly doubtful whether the Collar of S.S. ought to have been included in the insignia of Knighthood, as it is by no means clear whether this Collar has ever, at any time, had any connection with Knighthood. Its origin is at the present time unknown, and the number of attempts to solve the enigma has caused it to be described by Mr, Albert Hartshorne, who wrote a very able article on it in l^he Archaeological Journal^ vol. xxxix., the crux antiquariorum. Its meaning has been variously explained as derived from — (i) St. Simplicius, (2) Salisbury (Countess of), (3) Soissons LATER HISTORY 285 (Martyrs of), (4) Silentium, (5) Societas, (6) Souvenez, (7) Souverayne, (8) Seneschallus, (9) Sanctus. Mr. Hartshorne considers that the testimony for the first six is very dubious, while there is more or less indirect evidence in support of the other three. There is a good deal to be said in favour of ' Seneschallus,' for John of Gaunt was Seneschal, or High Steward of England, and the employment of the Collar of S.S. as the ' Livery ' of the great Lancastrian party during the reigns of Henry iv,, Henry v., and Henry vi. is a matter of history. The earliest pictorial example noticed is a drawing in the British Museum by Nicholas Charles, Lancaster Herald, from a window of old St. Paul's, of the arms of ' Time- honoured Lancaster,' within a Collar of S.S. of the early form, namely, a buckling-strap with S's upon it at intervals. The earliest sculptured example appears to be that repre- sented on the effigy of Sir John Swinford, who died in 137 1. Now, even if it could be shown that this effigy was sculptured many years after his death, Mr, Hartshorne points out that the fact still remains that this Knight was entitled to wear a Collar of S.S. , and it consequently follows that this decora- tion was an established collar of livery when Henry of Lancaster, Earl of Derby, was yet a boy, since he was not born until 1360. This would seem at once to dispose of the favourite conjecture that the collar was first devised by Henry iv., when he was Earl of Derby, in allusion to his motto, ' Souverayne.' In support of ' Sanctus,' it may be urged that Church vestments were frequently powdered with S's for Sanctus. 286 A HISTORY OF THE BARONETAGE Mr. J. G. Nichol, in an article in Notes and ^eries, is in favour of the theory that the S is derived from Sene- schallus. It still forms part of the official dress of the Lord Chief-Justice of England, and the Lord Mayor of London, which is also in favour of the assumption that it was origin- ally a livery collar of a high functionary. At the same time, an Act passed in 1532-33, being 24 Henry viii. c. 13, enacts 'That no manne, onelesse he be a knight . . . weare any coler of golde named a coler of S,' And in a Chaucer, printed in 1598, occurs ' lyeth buried . . . with his image lying over him ... a collar of esses gold about his necke , . . being the ornament of a knight,' These two references, however, must not be taken as proving anything — the writers in both may have been mis- taken : many writers have ignorantly assumed that the collar of the Order of the Garter is a Collar of S.S., which it certainly is not, any more than are the Collars of the other Orders of Knighthood. Should it be decided later to accord a Collar to the Baronets, a special one should be designed. In the chapter dealing with the early history of the Baronetage of Scotland and Nova Scotia, the narrative was carried down to 1709, two years after the Union. A succession of historical events occurred to cause their rights to fall into a state of desuetude. These events were the rebellions of 171 5 and 1745, the revolt of the United States of America in 1776, and the French Revolution, with the long Continental wars following. In 1 69 1 the territories and colonies known by the name of the Colony of Massachusetts Bay, the Colony of New LATER HISTORY 287 Plymouth, the Province of Maine, and Nova Scotia, were, in terms of a charter known as the Massachusetts Charter, united and incorporated, and a tract of land within was assigned to some Protestants from Ireland and the Palatinate. This led the inhabitants of Massachusetts Bay to claim not only a right to the government, but also to the territory, although up to this time they had neglected this particular tract of land. In consequence of this claim, a case was submitted, in August 1731, to the Attorney-General and Solicitor-General, asking for their opinion on the following points : — 1. Whether the pursuers, if they ever had any right to the tract claimed, had not by their neglect, and even refusal to defend, take care of, and improve the same, forfeited their said right to the government, and what right they had Tinder the charter, and now have, to the lands ? 2. Whether by the said tract being conquered by the French, and afterwards re-conquered by General Nicholson in the late Queen's time, and yielded up by France to Great Britain by the Treaty of Utrecht, that part of the charter relating thereto became vacated ? And whether the govern- ment of that tract, and the lands thereof, are not absolutely re-vested in the Crown ; and whether the Crown has not thereby a sufficient power to appoint governments, and assign lands to such families as shall desire to settle there ? To these questions the law officers of the Crown replied that they were of opinion the pursuers had not been guilty of any laches of a kind to create a forfeiture of the rights conveyed by their charter ; that the country not having 288 A HISTORY OF THE BARONETAGE been yielded by the Crown of England to France by any treaty, the conquest thereof by the French created — accord- ing to the law of nations — only a suspension of the property of the former owners and not an extinguishment ; and that upon the re-conquest of it by General Nicholson, all the ancient rights, both of the province and of private persons, subjects of the Crown of Great Britain, did revive, and were restored jure postliminii ; that the Crown had not power to appoint a particular governor of this part of the province, or to assign lands to persons desirous to settle there ; and that upon the whole matter, they considered the pursuers ought not to be disturbed in their possession, or interrupted in carrying on their settlement of the lands granted to them within the district in question. In 1734, between two and three years after this opinion had been given, in a case which appeared to be identical with the claims of the Baronets of Scotland to the grant of lands in Nova Scotia comprehended in their Patents, meetings of these Baronets took place in London ; but there do not appear to be any records in existence showing what tran- spired, or the result of their deliberations. In 1763, Nova Scotia was restored to the British Crown by the Treaty of Paris ; and fourteen years later, on the 1 9th February 1777, the Baronets of Scotland held a meeting in Edinburgh relative to their lands in that province, with the Earl of Home as 'Preses,' and appointed a standing com- mittee. Lord Elibank, a member of this Committee, drew up an address to Lord George Germaine on the Claims of the Baronets. LATER HISTORY 289 This address, after being referred to Sir Harry Mon- creiffe and Sir James Foulis, was finally approved by the Committee in Edinburgh, on the 25th March 1777, and was forwarded to London to be presented to the Minister. The actual date of the Address was 27th March 1777, and it was signed on behalf of the Baronets of Scotland and Nova Scotia by five of their number. The Preamble adverts to the institution of the dignity, to the Acts of Parliament confirming its rights, to the endeavours made by the first created Baronets to improve their new acquisitions in Nova Scotia, to the calamities of the latter portion of the reign of Charles i., which soon diverted their attention from that country, to its seizure by the French, and its restoration to the English Crown. It then proceeded : ' The Baronets of Nova Scotia presume that no prescription of land can operate against them while their property was forcibly withheld from them by a hostile nation. They can, therefore, have no doubt that their lands have now legally reverted to them, and have directed us to solicit your Lordship's countenance and assistance in making application to His Majesty to restore them to those rights of their ancestors. ' The difficulty of assembling so many different claimants may have hitherto prevented a general application. And the impropriety of separating particular pretensions from the general interest of the Order may have hindered indi- viduals from advancing their particular claims. But we flatter ourselves your Lordship will not think a general application now too late. We ask not for new rights ; we ask only the possession of rights already established. We 290 A HISTORY OF THE BARONETAGE have the honour to rank ourselves with those friends of Government whose attachment to the laws and liberties of their country hath taught them zeal for the dignity of the Crown, and affection for the person of the Sovereign. If His Majesty should be pleased to reinstate us in our ancient properties, we know that the influence which might arise to us upon the continent of America would be faithfully employed in His Majesty's service ; and, we flatter our- selves, might be of some importance in disseminating the principles of genuine patriotism and loyalty,' This Address appears to have been presented in May 1777, but what answer, if any, was made to it does not appear. Since then the revolt of the United States, the French Revolution, Continental wars, and the insurrection in Canada prevented the Baronets of Scotland and Nova Scotia from taking any steps for the revival of their rights and privileges in Nova Srotia, until Mr. Richard Broun (who, as has already been narrated, took up the cause of the Baronetage as a whole in 1834) espoused the cause of the Baronets of Scotland and Nova Scotia two years later. A General Meeting of Baronets of Scotland and Nova Scotia, attending personally or by proxy, took place in Edinburgh on 21st October 1836, Sir John Campbell, Baronet of Ardnamurchan, being in the chair. A case was read by Mr. Broun, showing the right of each Baronet to have a grant of land in Nova Scotia of 16,000 acres in extent ; that there were then existing about 150 Baronets ; that during the reign of Charles i., one hundred and eleven had their grants assigned to them by Charter ; that these LATER HISTORY 291 grants had been twice ratified by Acts of the Scottish Parliament, and were declared to be valid and effectual notwithstanding non-user, presumption, and any other casualty whatsoever. The case was ordered to be printed and circulated, preparatory to a special General Meeting being held to consider what further measures should be adopted. On the nth of May 1837, a Meeting of Nova Scotia Baronets was held in London, and another on the 15th of the same month. On the latter occasion a document was drawn up and signed by the Marquess of Downshire, Lord Kilmaine, Major-General Sir James Cockburn, B*., Sir Archibald Murray, B*., Lieutenant-General Sir F. G. Maclean, B*., and Sir F. G. Cooper, B*., stating ' that having considered the instruments, and the statement laid before them in reference to the claims of the Nova Scotia Baronets, they were of opinion that these claims were such as to render any proposal for their revival entitled to the best consideration and support of the Members of the Order ; and farther, that they should be ready to attend to any proposals that a competent assemblage of the Baronets in Edinburgh might think it right to suggest.' A third Meeting of the Nova Scotia Baronets took place on the 29th May in Edinburgh, when it was resolved that a Case should be drawn up for the opinion of Counsel, and that a fund to defray expenses should be raised. Throughout the greater portion of 1837 and 1838, the most alarming distress prevailed in the Western Highlands and Islands of Scotland, and a public Meeting on the 292 A HISTORY OF THE BARONETAGE subject took place at the Mansion House, London, on the nth March 1837, which resulted in the formation of a Relief Committee, of which Alderman Sir John Pirie, B*., was nominated the Treasurer. Owing to the distress, and also to an outbreak in Canada, no Meetings of the Nova Scotia Baronets took place in 1838. On the 26th June 1839, the 'London Highland Destitu- tion Relief Committee ' presented a representation to the Government recommending the immediate adoption of a systematic plan of emigration by whole families as the only means of preventing a recurrence year after year of the same distress to which the Highland peasantry were subjected ; and on the ist August, Dr. Rolph and Bishop Macdonell arrived at Liverpool from Canada on a mission to promote emigration to these colonies. On the 4th October, the former was present at the General Meeting of the Highland Society at Inverness, and on the i8th of the same month he attended a large public meeting in Glasgow. A day or two before the General Meeting of ' The Central Agricultural Society,' held in London on the 12th December 1839, Dr. Rolph called upon Mr. Broun, and expressed a wish to attend the meeting and dinner. The Central Society, of which Mr. Broun had been one of the founders, and of which he was one of the Honorary Secretaries, enrolled about eighty of the local associations. Finding from Dr. Rolph that his mission to this country was to promote emigration to Canada, it led to him and Mr. Broun eventually co-operating to found a public company for emigration and colonisation. LATER HISTORY 293 Accordingly, on the loth January 1840, Dr. Rolph attended a great public Meeting of Highland proprietors and others, held in Edinburgh, and presided over by the Duke of Argyll, and as a result of this and other Meetings ' The North American Colonial Committee ' was on the 6th May formed, with Dr. Rolph as Honorary Secretary, In the meantime the House of Assembly of Upper Canada addressed Her Majesty on the 8th February, pray- ing her to promote emigration ; and during the latter half of the year Dr. Rolph was engaged in Canada, and was appointed by Lord Sydenham Emigration Agent for the Canadian Government. He returned to England in January of the following year, and was engaged continually with Mr. Broun on the proposed Company. On the 20th February it was settled that the seignories of D'Aillebout and de Ramsay should be purchased as a basis for the Company's first operations. Dr. Rolph was the Agent for their sale, and it was arranged they should be taken in Mr. Broun's name, the price ultimately being arranged at ^20,000, payable in five yearly instalments. A Meeting of Nova Scotia Baronets was immediately summoned, which met on the nth March 1841, the Marquess of Downshire being in the chair. The copy of a proposed memorial to the Colonial Minister on behalf of the Baronets was laid on the table, also the prospectus of a proposed public Company for colonising such lands as might be given in lieu of the original grants. Another Meeting was held on the 6th April at the Thatched House, St. James's, the Marquess of Huntly being 294 A HISTORY OF THE BARONETAGE in the chair, and a further Meeting on the 28 th of the same month, at which it was resolved an Association should be formed for the combined purposes of promoting emigra- tion, establishing the rights, and managing the properties, in Nova Scotia, of the Baronets who should join it. A Circular was accordingly issued from 21 Wigmore Street, Cavendish Square, dated the 7th July 1841, and signed by Mr. Broun, announcing the passing of this resolution, and that since the meeting arrangements had been made to carry the objects contemplated into effect, the Scottish and British-American Association having been formed on the principles adverted to in the abstract from its constitution which accompanied the Circular. The Circular then went on to state that, to enable the Association to carry out effectively its joint views, it had already acquired by purchase two valuable seignories in North America, comprising eighty thousand acres of valu- able soil, to which would progressively be added the grants of the concurring Baronets, or such new lands as the Government might give in exchange for them. It also suggested that by the plan proposed, the Baronets joining the Association would be relieved from the trouble and expense connected with prosecuting their respective claims in Nova Scotia, and, in the event of the claims being established, from the additional trouble and expense of planting their particular grants. It pointed out that rights having a legal existence, but not reduced into actual posses- sion, and therefore comparatively valueless, each concurring Baronet would on their being realised receive ;^ 10,000 LATER HISTORY 295 worth of paid-up shares in the Capital Stock of the Associa- tion, and ^6000 in money, deducting only from the amount of the latter sum the expenses connected with prosecuting and establishing the joint claims. Accompanying this Circular was the abstract from the Constitution referred to, which was headed by the name of the Association ; a statement that its capital was one million pounds in fifty-pound shares, on which was to be paid a deposit of five pounds a share ; and a steel-engraved map of the ancient province of Nova Scotia, showing the position of the lands originally granted to the Baronets of Scotland and Nova Scotia. The object of the Association was stated to be the pro- motion of the settlement of Nova Scotia, and the establish- ment of the rights and the administration of the properties of such of the Baronets of Scotland as should consent to join it. The constitution was stated to contain provisions to the following effect : — ' 1st. That the Association shall purchase the grants of each of the one hundred and eleven Baronets of Scotland created prior to 1638 who actually had lands assigned to them on the following terms, viz. at a rate not exceeding ^^i per acre ; two-thirds of the purchase money to be liquidated in paid-up shares of the capital stock of the Association, the remainder in cash, subject only to the deduction of any expenses that may be incurred by the Association in recovering the same. ' 2nd. That the Association will purchase the claims which each Baronet of Scotland, created from 1638 to the Union, has against the Crown for a territorial qualification in Nova Scotia of 16,000 acres, in virtue of the Constitution of the Baronetage, upon the same terms and conditions as above set forth. 296 A HISTORY OF THE BARONETAGE ' 3rd. That the Association, immediately on a contract having been made with each concurring Baronet to the effect above specified, shall pursue, promote, and realise the claims and interests of the said Baronets, either w^ith the Crown, the Treasury, the Colonial Office, or in such other way as the Board of Commissioners and their legal advisers shall deem most expedient. '4th. That each Baronet of Scotland, being a peer, who shall join the Association on the terms laid down, shall be a Vice-President of the Association, and as such have a voice and control in the management of its affairs. ' 5th. That each Baronet of Scotland not being a peer, who shall join the Association, shall be a member of the Consulting Council of the Association, and as such have a voice and control in the management of its affairs. ' 6th. That the executive management of the Association shall be in a Board of Commissioners, composed of Baronets and Share- holders. The Commissioners to be the owners of properties con- taining at least 10,000 acres of land in North America, conveyed to the Trustees of the Association in furtherance of its objects, or the holders of at least ;^iooo stock each in the capital of the Association. Which Board of Commissioners, aided by the Con- sulting Council (which will be composed of the President, Vice- President, Trustees, and concurring Baronets), shall have the power to realise the residuary rights and privileges of the Baronets, either by a process of law, or by a compromise with the Government, as shall be deemed most advisable. ' 7th. That no Baronet shall have any interest or benefit in the Association who shall not signify his concurrence in the above plan, in writing to the Commissioners, prior to the ist day of September next.' Meetings were held on the 4th, 6th, and 7th of May, and on the loth May a Draft Prospectus of the proposed Company was read, corrected, and ordered to be printed, Dr. Rolph reporting that the Duke of Argyll had stated his willingness to receive a deputation from the Company. The LATER HISTORY 297 Prospectus was revised at a Meeting on the 1 3th, and on the 17 th a series of resolutions for the formation and manage- ment of ' The Scottish and British-American Association for Emigration and Colonisation ' was adopted. Inter alia, these set forth that the seignories of D'Aillebout and de Ramsay should, with the baronies of New Carnoustie and Banff Ogilvie (Sir William Ogilvie's grants which he agreed to convey to the Company), be the basis of the Company's operations. The most ample powers were taken under the Articles of Agreement for the executive manage- ment of the Company, and Mr. Richard Broun and Dr. Rolph were empowered as a deputation to wait on the Nova Scotia Baronets in London and procure their adhesion. In accordance with his promise, the Duke of Argyll received on the 25th May a deputation from the Company, consisting of Mr. Richard Broun and Dr. Rolph ; and after ascertaining the principles on which it was to be constructed, consented to become its President, and a few days later a Prospectus, with His Grace's name printed thereon as Pre- sident, was forwarded to the Marquis of Downshire. Mr. Richard Broun, on the 7th July, sent a Circular Letter to the Baronets of Scotland, informing them of the resolu- tion come to at the Meeting of the 28th April in favour of the formation of a public Association, for the combined purpose of promoting emigration, establishing the rights, and managing the properties in Nova Scotia, of the Baronets who should join it. The fact of the Duke of Argyll having consented to become President of the Association was set out in the Circular. 298 A HISTORY OF THE BARONETAGE This was followed by Mr. Richard Broun arranging with Dr. Rolph to hold meetings in Scotland to further the objects of the Company, but the latter was suddenly recalled to Canada. He sailed on the 8 th of August, three days after the constitution of the Company was signed. Nothing of moment occurred until the 2nd February the following year, when a Meeting of Nova Scotia Baronets was held at the house of Sir Frederick Hamilton, and a resolution was passed that in the opinion of the Meeting the Scottish and British American Association was well adapted to relieve Scotland of her surplus population, to strengthen British interests in North America, and to effect the com- bined objects of establishing the rights and making available the properties in British America of such Baronets as should join it. It was further resolved that the concurring Baronets who were Peers should be added to the list of Vice-Presi- dents, and the Baronets not Peers to the list of the Consulting Council, and that the proceedings of the Meeting should be communicated to them. Dr. Rolph returned from Canada on the 23rd March accompanied by Sir Allan Macnab, who was shortly after- wards elected a Commissioner. On the i8th April they had an interview with the Duke of Argyll, who appointed the following Friday, the 22nd inst., for a Meeting of the Consulting Council of the Scottish and British-American Association. The first Meeting of this Consulting Council took place accordingly on the day appointed, the Duke of Argyll, as President, being in the chair. Various Reports were made, LATER HISTORY 299 including one from the Board of Commissioners, setting forth that the Constitution had been carefully revised since the meeting on the 2nd February, and that during the same time arrangements had been entered into for the purchase of several extensive seignories. The Report having adverted to Lord Stanley's reply to the Memorial of the Nova Scotia Baronets, a long discussion ensued upon the propriety of making the revival of the rights of the Baronets too pro- minent a feature in the operations of the Company, instead of the first resolution on the paper of business, v^^hich was to the effect * that the Association should substantiate by all legal means the rights and privileges of the Nova Scotia Baronets, and that a deputation should wait on Lord Stanley on the subject.' It was then proposed and carried ' that the general objects of the Association — namely, emigration and colonisation — should be immediately proceeded with ' ; and the consideration of the other matters was adjourned until the Friday following, the 29th inst. At this adjourned Meeting of the Consulting Council, the Marquis of Downshire filled the chair, a letter from the Duke of Argyll regretting his absence being read. The attention of the Council was drawn to a variety of docu- ments relative to the state of distress in Scotland, and the necessity for emigration, and a Report from the Board of Commissioners was read by Dr. Rolph. The Prospectus was revised, and the title of the Association was amended by striking out the words ' Scottish and.' After other business had been transacted, including the authorisation of a Deputa- tion from the Board of Commissioners to visit Scotland, it 300 A HISTORY OF THE BARONETAGE was ordered that copies of the Prospectus, together with the proceedings of the Meeting, should be communicated to the absent members of the Scottish Baronetage. This was followed by public Meetings in Edinburgh and Glasgow. The third Meeting of the Consulting Council took place on Wednesday, the 8th June 1842, the Duke of Argyll in the chair. A Report from the Board of Commissioners was read as to business transacted since the last Meeting, including the entering into contracts for the acquisition of land in Prince Edward's Island, and in Canada East four seignories. The Report also set forth that the Commis- sioners expected to send a body of emigrants to Prince Edward's Island before the close of the season ; and having immediate reference to the completion of the purchases already made, and the advances which might be required to promote emigration to the properties of the Association, it recommended that the sum of ^50,000 should be raised by the issue of Debentures. A considerable discussion took place on this proposition, and the clause relative to Debentures was altered to the effect that the Commissioners proposed to raise the sum required by an issue of 10,000 shares in the capital stock of the Association in this country, and by an equal amount of land shares in Canada. It was then resolved that a sub- scription should be immediately opened for shares. The Report of the Council was printed and circulated immediately afterwards. A few days afterwards a Share-list was issued with the following heading : — LATER HISTORY 301 'British American Association. * We, whose names are hereunto annexed, do agree to subscribe for the number of shares and amount of stock of the above Association set opposite to our respective signa- tures, and to pay a deposit! of ^^5 per share thereon to the Bankers of the Association when shares to the amount of ^50,000 have been taken, upon having twenty-one days' notice thereof.' The subscription was started by the Duke of Argyll, who subscribed for fifteen shares for himself and ten for his son, the Marquis of Lome. Immediately after this, the Association was advertised in the newspapers. The Prospectus was headed with the name of the Company, the ' British American Association for Emigration and Colonisation,' round the Arms, Supporters, Crest, and Motto of Nova Scotia. The capital was j^ 1, 000,000 in j^2o shares, with a deposit of ^^5 per share. The President was the Duke of Argyll ; fifteen Vice-Pre- sidents, all Peer-Baronets, followed ; and then a long list of the Consulting Council, consisting almost entirely of Baronets, the exceptions being the Lords Provost of Edinburgh and Glasgow, The Chisholm, and three other gentlemen. There were seven Commissioners, of whom six were Baronets, together with the usual Officers ; and the Headquarters of the Association were at 29 New Bridge Street. The Prospectus stated that the object of the Association was ' to promote the Colonisation of our North American Provinces by a transfer of the surplus population of the 302 A HISTORY OF THE BARONETAGE United Kingdom upon a national scale, and by such an infusion of capital into them as shall lead to an immediate and wide development of their inexhaustible resources.' The Prospectus also contained the following clause : — ' There is one feature in the constitution of this Associa- tion as connected with Scotland, and with the interests of the Scottish Emigrant, too important to be passed over. The undertaking will be supported by an union with the Baronets of Scotland and Nova Scotia, an Order originally created to further the settlement of British North America, by which its objects are closely interwoven with the interests of a large portion of the Scottish Nobility ; and by the members of that Order, assisting in its Councils, and con- ducting its management, a careful supervision is provided over all the interests, not only of the shareholders, but more especially of the emigrants confided to its care — a super- vision not ceasing with their landing in a new country, but continuing till they shaU be located on their settlement, and providing for their future happiness and advantage.' At a Meeting of the Board held on the 8th July, an arrangement was entered into with Mr. Maitland, the pro- prietor and editor of the Emigranfs Gazette^ to take 250 copies weekly for circulation, and from this time until the breaking up of the Institution these papers were sent weekly to the Duke of Argyll, the Baronets of Scotland, and others. In these papers the advertisement of the Com- pany continually appeared, and it contained weekly a notice of the proceedings of the Company. The Duke of Richmond presided at a dinner given by LATER HISTORY 303 the Commissioners on the 15th July to Sir Allan Macnab, previous to his departure for Canada, to commence his duties there as Chief Commissioner for the Company, The party was a very influential one, including five ex-Governors of Canada. Sir Robert Barclay withdrew from the Board on the 26th July- Sir Allan Macnab left for Canada on the 2nd August, followed by Dr. Rolph on the 19th of the same month, Mr. Broun being engaged shortly afterwards in connection with the sailing of a ship, the Barhadoes^ chartered by the Association to take out Mr. Haldon and a few workmen engaged by him to the estates contracted for in Prince Edward's Island. Mr. Broun opened the banking account of the Association on the 23rd September by paying in ^250, being the deposit of £^ per share on fifty shares taken by him. This and the same amount paid in by Sir William Ogilvie and Dr. Rolph, in all ^750, appears to have been the only money paid in to the account of this unfortunate enterprise, which was shortly afterwards broken up. The Barhadoes left for Gravesend on the 19th September, and sailed finally on the ist November with 20 men, 12 women, 16 children, and 14 crew, 62 in all; but she was recalled in consequence of the following circumstances. Her sailing had previously been delayed by the institution of certain inquiries by Lord Stanley, the Secretary of State for the Colonies, instigated by some one whose name he refused to divulge. 304 A HISTORY OF THE BARONETAGE On the 22nd September a complaint was laid at the Mansion House before Sir John Pirie, Baronet, the Lord Mayor, at the instance of some men who had entered into an agreement with Mr. Haldon. At the instigation of the Lord Mayor, the matter appears to have been amicably settled, the men on the 25 th October executing a receipt for moneys paid them by Mr. Haldon, and expressing their entire approval of all his acts in connection with their engagements with him. For some reason, however, Sir John Pirie made some injurious remarks against the British- American Association, and wrote to the Duke of Argyll, asking His Grace whether he was a shareholder in the Company, and considered him- self liable for the pecuniary transactions of the parties in London who had the management of its concerns. In reply, the Duke wrote the following letter, which appeared in the 'Times newspaper of the 2nd November 1842 :— 'To THE Lord Mayor. 'My Lord, ' I am very much obliged to your Lordship for your com- munication of the 25th instant. I certainly took a deep interest in the British American Emigration Society, having upon my estates in the Western Highlands and Islands too large a population for the space inhabited by them, and w^ishing, of course, that many of them should have the opportunity, if they wished it, of emigrating to North America, in such a manner as v/ould be most advantageous for themselves, I consented to be named President of the Society ; but from several of their proceedings lately, I am novv^ desirous of vi'ithdrawing my name from the roll of subscribers or shareholders, as they are called ; and I have desired my agent, Mr. Nettleship of LATER HISTORY 305 4 Trafalgar Square, to inquire into the late proceedings before your Lordship, and to acquaint you with the result. *I certainly do not consider myself responsible for any of the pecuniary transactions of the parties in London, who assume the management of the Company's affairs at present. ' I subscribed in June last ;^5oo, upon the implied and understood condition, that no step involving any expenditure of money was to be undertaken on the part of the company till the sum of ^50,000 was duly certified to have been subscribed or placed to the company's credit by some means or other ; and I was quite surprised to observe the question brought before your Lordship lately as to wages, etc., to be paid to some operatives and emigrants upon the company's account. Referring your Lordship to my agent, Mr. Thomas Nettleship, 4 Trafalgar Square, for any further information relative to my connection with the company. ' I remain, your Lordship's obedient servant, * Argyll. * Inverary Castle, Oct. 27.' The same post which took the Lord Mayor's letter to the Duke conveyed one also to him from Mr. Broun, explaining that the complaints made against Mr. Haldon in no respect affected the Association, but of this letter the Duke took no notice ; and on the 9th November there appeared in the 'Times newspaper a letter from his solicitors to the effect that he was not a shareholder in the Association, that he had never contemplated deriving personally any profit from its operations, and that he had also withdrawn from the office of President. A Committee of Liquiry into the affairs of the Association was appointed which sat from the 9th to the 23rd December 1842, during which time the Committee had before them the books, documents, papers, and accounts connected with u 3o6 A HISTORY OF THE BARONETAGE the formation and objects of the Association, and subjected the whole of the executive officers to a strict viva voce examination, after which they issued a report to the effect that the objects of the Association were worthy of support ; that the properties acquired, consisting of 443,594 acres, had been selected with care ; that the affairs of the Association had been administered with economy, none of the principal officers having received any remuneration for their services, and regretting the attack which had led to the breaking up of the Association. A Meeting of a public character was held in the City of London on the 23rd December, Sir William Ogilvie, Baronet, being in the chair, at which this report was read. Lord Stanley, the Secretary of State for the Colonies, having in his place in Parliament, on the 24th April 1843, made some observations with reference to the British- American Association which were, in the opinion of Mr. Broun, not in accordance with the facts, that gentleman addressed a public letter to his lordship explanatory of the charges made against the Association, showing that to the Colonial Land and Emigration Commissioners, or to Sir John Pirie, were justly to be ascribed the whole losses sustained, sufferings endured, and distresses occasioned, by the destruction of the Company, and asking at his lordship's hands justice and reparation for the wrongs which had been inflicted. To this letter Lord Stanley made no reply ; and as he also refused to give up the name of the individual who addressed to him the letter which had occasioned the delay LATER HISTORY 307 in the sailing of the Barbadoes, and had thereby originated the series of casualties which terminated in the destruction of the Association, a petition was presented to the House of Commons from Mr. Broun on the 24th April 1844 asking the House to move an address to Her Majesty for the production of the letter, and to appoint a Select Com- mittee to investigate all the circumstances of the case. About this time the Duke of Argyll was, in an action tried before Lord Chief-Justice Denman, found liable as one of the shareholders of the British-American Association. The day following the Globe newspaper introduced into its leading article certain statements with regard to its executive officers which caused Mr. Broun to bring an action for damages against its proprietors. In the meantime the following Petition was presented to the Queen through the Home Office : — 'TO HER MOST GRACIOUS MAJESTY QUEEN VICTORIA ' The Petition of the undersigned Knights Baronets of Scotland and Nova Scotia J ' Humbly Sheweth, 'That Your Majesty's illustrious Ancestor King Charles the ist of happy memory established the Noble Order of Knights Baronets of Scotland and Nova Scotia, to which your petitioners have the honor to belong by descent, and amongst other valuable privileges which he bestowed on it, was that of His Majesty's Hereditary Lieutenant of Nova Scotia being entitled to convene the Baronets in an Assembly or Chapter. That the dormancy of the said hereditary office of Lieutenant has prevented any such Chapter from having been held for many years, and that thus abuses are said to have arisen and rumours throwing doubts on the validity of 3o8 A HISTORY OF THE BARONETAGE some of the titles on the Roll of the Baronets of Scotland and Nova Scotia have been frequently and w^idely circulated especially of late years to the great prejudice of your petitioners and the Order to which they belong for if it were true that any of these titles had been taken up without any just right, it would be not only a disgrace to the Order itself, but it would imply a serious breach of Your Majesty's Royal Prerogative ; Your Petitioners therefore do most humbly implore Your Majesty that you would be graciously pleased to allow their Order an opportunity of wiping off all such foul aspersions, by issuing Your Royal mandate that a Chapter of the Order shall be forthwith held at Edinburgh, to meet afterwards as occasion may require in time coming and that all individuals for the first time requiring admission to the said Chapter, shall be called upon to produce such reasonable proofs as may satisfy Your Majesty's Lord Advocate or Solicitor General for Scotland, or any other Law Officer that Your Majesty may be graciously pleased to appoint for this purpose, that their titles to seats thereat are admissable ; And may it please Your Majesty farther to ordain, that the Baronet of Eldest Creation present shall always preside at all meetings of any such Chapter. We also crave Your Majesty that powers may be granted to the said Chapter to regulate and determine all matters concerning the Baronetage of Scotland and Nova Scotia that may be brought before it and afterwards sanctioned by Your Majesty ; and Your Petitioners would especially beseech Your Majesty that in order to secure the future purity and integrity of the Order, and as a safeguard for Your Majesty's Royal Prerogative, You would be graciously pleased to ordain that no Baronetage of Scotland and Nova Scotia dormant or otherwise shall in future be taken up by any individual whatsoever until he shall have produced satisfactory proof of his right thereto before the said Chapter, always excepting from this the eldest legitimate Son or Nephew of a Baronet of Scotland and Nova Scotia, directly succeeding to the title of his Father or Uncle deceased or a younger brother succeeding to that of an older. * Humbly beseeching Your Majesty most graciously to Grant this their Petition, or to afford such other remedy for the LATER HISTORY 309 evil complained of, as to Your Majesty may appear to be most fitting your Majesty's Petitioners as in loyalty and duty bound, will ever most anxiously Pray for Your Royal Person. ' Edinburgh, 8th June 1842. ' (Signed) Caithness. '&c., &c.' At a meeting of Baronets of Scotland and Nova Scotia held in London on the 31st October 1843, the Marquis of Downshire presiding, a resolution was passed to the effect that negotiations should be continued through Mr. Woodman of Amherst with the Colonial authorities in New Brunswick relative to the territorial rights of the Baronets. By a letter dated from Fredericton, June 14, 1843, that gentleman reported that, in accordance with the instructions he had received, he had made a journey to Fredericton and opened a communication with Sir William Colebrooke, the Lieutenant- Governor of New Brunswick, on the subject of a grant of land in that province for the Baronets ; that he found Sir William a zealous and active personage in the cause of colonisation and emigration ; that by the settlement of the Boundary Question nearly the whole line of road between Nova Scotia and Canada would have to be altered and made anew ; that Sir William had suggested that the grant should be taken on the line of road and in separate selected tracts, by which the best lands might be secured, the onus of settling them, and making the road through them, to be undertaken by the Baronets, at periods to be stipulated with the Government ; and that a Petition on the subject should be presented to the Colonial Minister. 3IO A HISTORY OF THE BARONETAGE This letter was accompanied by the copy of one dated 3rd June 1 843, which Mr. Woodman had previously received from Sir William Colebrooke, and in which his Excellency says — ' That he had considered the conversation which he had had with him on the subject of the views of the Nova Scotia Baronets ; and taking, as he did, great interest in them, it has occurred to him to suggest that these views might be much advanced by employing Dr. Gesner to examine the lands, which are vacant in various districts, and to report on their capabilities ' . . . ' that the application of the Baronets should specify the condition upon which they desire to acquire lands wherever they may be found suitable ; and that in the course of the summer Dr. Gesner would obtain such information as would enable them to make a selection with full confidence,' A General Meeting of Baronets of Scotland and Nova Scotia was held in Glasgow on the 8th August 1844, at which Sir John Campbell, Baronet of Ardnamurchan, was in the chair; and after a number of documents had been laid before the meeting. Sir R. Broun read a Report of the steps which had been taken since 1835 for the revival of the territorial rights of the Baronets of Scotland and Nova Scotia in British America, and of the circumstances which had occurred to suspend the proceedings since October 1842. At the conclusion of the reading of this Report a resolution was passed directing it to be printed and cir- culated amongst the Members of the Nova Scotia Baronets preparatory to a meeting to be held later in Edinburgh. LATER HISTORY 311 A resolution was also passed directing that copies of the Prospectus of ' The Scottish Company for advancing the Plantation of Nova Scotia and Canada' should also be sent to each Member with a request that they would communicate with Sir R. Broun whether they would con- sent to join it or not, A General Meeting of Baronets of Scotland took place on yth November 1 844, at which a Committee was appointed. At a Meeting of the Committee of Baronets for Nova Scotia Rights, appointed by the General Meeting on the 7th November 1844, held in Edinburgh the 9th September 1847, 3.fter the business had been transacted, a Report was read by Sir Richard Broun relative to the proceedings then in progress in London for the revival of the rights of the Degree, by means of a ' Petition of Right ' ; a copy of the joint legal Opinion of Messrs. M. D. Hill and J. Chisholme Anstey, M.P., was also submitted. According to the latter, the two Counsel concurred in thinking that the Baronets of Scotland, created from 1625 to 1638, held their respective Baronies of 16,000 acres in Nova Scotia, given with their titles, in feu blanch farm, and as liege regal Fiefs, immediately of the kings of Scotland ; that the Baronets created between 1638 and the Union in 1707 had the same equitable rights to Baronies of 16,000 acres in Nova Scotia as they would have had if their Charters had been made out ; that the rights and privileges of the whole Body were valid and subsisting, not having been extinguished or impaired by statutes of limitation, adverse possession, foreign conquest, non-usage, or any other cause 312 A HISTORY OF THE BARONETAGE or circumstance whatsoever ; and that it was open and com- petent to the Baronets to recover the same by an application to the Sovereign in person as the Fountain of Justice, through the legal medium of a Petition of Right. The attention of the Committee was specially called, first, to the fact that, on the erection of the Scottish Baronetage, it was made a covenant between the Crown and the nation that no Baronet ever should be created within the Kingdom of Scotland except for the express purpose of advancing the plantation of Nova Scotia (which comprehends New Brunswick, Gaspe, Cape Breton, Prince Edward's Island, etc.), and that each Baronet, in consideration of the contribution of 3000 merks towards the plantation, should receive, as a territorial qualification for his title, 16,000 acres in one or other of the districts of the Province, the same to be held of the Scottish Crown as a free Barony and Regality, with seat and voice in the Provincial Parliaments, and other great and important privileges ; second, to the circumstance that the Crown Precepts to the Baronets created subsequent to 1638 authorised their patents to be so prepared as to convey to them and their heirs all rights, privileges, and immunities whatsoever, that are vested in the senior Members of the Order quasi Baronets ; and third, to the comprehensive binding and effectual words used in the Patents of the junior Members, which declare and provide that they shall be Baronets with ' no less liberty and extent of right in all respects than is enjoyed by those of prior creation, under whatsoever laws, statutes, customs, commissions, or con- stitutions.' LATER HISTORY 313 The Committee, having taken the Report and statements into consideration, passed, in addition to others, the following resolutions : — ' I. That the Committee, as representing the general interests of the Order, receive with satisfaction the Report as to the progress of business now made, approve of the presentation to her Majesty of a Petition of Right, in accordance with the Opinion of Counsel, and direct that all due diligence be used to urge forward the pro- ceedings to an immediate conclusion. ' 2. That the Members present are unanimously of opinion, under the present distress existing in the British Islands, that the due location and settlement of the common properties of the Baronets in Nova Scotia as originally bounded, could not fail to prove highly beneficial both to the mother country and the colony, and that every possible effort on the part of those interested should now be directed to that important end.' On the 2nd June 1848 a deputation of Baronets of Scot- land waited upon Lord Grey, the Colonial Secretary, pursuant to a series of resolutions which were passed by the Committee at a meeting held in London on the 23 rd of May, and placed in his hands a Memorandum and Protest, which com- menced by stating that the objects for which the deputation had been appointed were threefold : — * ( I ) To present a copy of a compilation entitled " The Nova Scotia Question, with observations geographical and statistical — Historical summary of events relative to the Baronetage of Scotland and Nova Scotia — Roll of existing Members — List of charters, and opinions of Counsel." * (2) To submit on behalf of the Order, that, in lieu of all terri- torial claims, a consolidated grant shall be made to the Baronets of 2,500,000 acres of the vacant land in New Brunswick, upon the line of the proposed Railway between Halifax and Quebec. 314 A HISTORY OF THE BARONETAGE *(3) To place in the hands of her Majesty's Government a formal protest against the sale, grant, or concession of any of the vacant territory within the province of New^ Scotland, as originally bounded, pending the settlement of the Claim of Right nov^^ urged by the Baronets.' This preamble was followed by arguments in support, the document being signed by order of the Committee by Sir W. A. Maxwell, B^, as Preses, and Sir Richard Broun, B* Meetings were held in 1849, at which a 'Petition of Right ' and an Address to the Queen were discussed and agreed upon, but no practical result was obtained by the Baronets of Scotland and Nova Scotia in connection with their claim in respect of lands under Charters granted to their predecessors more than two centuries earlier. The Committee of the Baronetage for Privileges were equally unsuccessful in obtaining for the Degree generally the various claims they had from time to time put forward, and it was consequently dissolved. The failure of these two movements should not, however, be any discouragement to the Baronetage in the prosecution of their undoubted rights to the removal of abuses connected with their Degree and the maintenance of their covenanted privileges. The enormous support accorded to Sir Richard Broun is a proof of the necessity felt half a century ago by the Baronetage of an organisation to protect these privileges. It is, however, to be regretted that a pugnacious attitude was adopted, and that proposals for a fancy dress and the formation and pro- motion of commercial enterprises in connection with the Baronetage of Scotland were included in the programme. LATER HISTORY 315 On the 27th August 1897, a notice appeared in the newspapers of that date to the effect that the Queen had issued an Order that the sons and daughters of Life Peers should in future bear the title of ' Honourable,' and have a precedence amongst themselves according to the date of their fathers' patents ; whereupon a long correspondence appeared in the newspapers, commencing with a letter signed * Justitias Tenax,' protesting on behalf of the Baronets that this Order was an infringement of their privileges. This letter, together with the most important ones connected with the correspondence which followed, will be found in the Appendix. A few days afterwards the authorship of the first letter was owned by Sir Charles H. Stuart Rich, Baronet, of Shirley, who put himself in communication with other Baronets, as a result of which a Meeting was held at the Bristol Hotel, London, on the loth November following. At this Meeting Rear-Admiral Sir Lambton Loraine, Baronet, was voted to the Chair, and a Committee was appointed to make arrangements for holding in London a General Meeting of the Baronetage in order to form a permanent Society. Sir Charles Rich, Baronet, F.S.A., and Mr. Francis W. Pixley, F.S.A., were appointed Honorary Secretaries of this Committee. Unfortunately, at the same time, an attempt was made by a well-known genealogical writer to form what he called a Committee of the Order of Baronets with Vice-Presidents, Companions, etc., and there is no doubt that the circulars issued by him to this end led away many who were as yet 3i6 A HISTORY OF THE BARONETAGE ignorant that a Society was in process of formation by the Baronets themselves. The attempt, however, to exploit the Baronetage as a private venture collapsed almost immedi- ately, and many who had supported the movement deserted it in favour of the real and properly appointed Provisional Committee. The General Meeting of the Baronetage convened by this Committee was held on the 26th January 1898, at the Hotel Victoria, London, Sir Lambton Loraine, B*, being voted to the Chair. At this Meeting the Honourable Society of the Baronetage was formed, with Sir Charles Rich, B*, as its Treasurer, and Mr. Pixley as Registrar. An Executive Committee was appointed, and instructions for their guid- ance were passed. A very large number of Baronets (about one hundred and eighty) were enrolled at this Meeting as the first Members of the Honourable Society, and their names published on the following day. The Royal Warrant giving precedence to the children of Life Peers and erecting them into a special class between the younger sons of Barons and the Baronets was published in the London Gazette of the i6th August 1898, and was as follows : — ^ Whitehall^ August iSth, 1898. ' The Queen has been pleased to issue a Warrant under Her Majesty's Royal Sign Manual to the following effect : — 'nCTORU,R. ' Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, To Our LATER HISTORY 317 Right Trusty and Right Entirely Beloved Cousin and Councillor Henry, Duke of Norfolk, Knight of Our Most Noble Order of the Garter, Earl-Marshal and our Hereditary Marshal of England, Greeting ! ' Whereas We did by a Warrant, under Our Royal Sign Manual and Signet, bearing date the twenty-second day of December, one thousand eight hundred and seventy-six, declare that the u^ife of a Lord of Appeal in Ordinary then appointed or that thereafter might be appointed, whose husband was not otherwise entitled to sit in the House of Lords, should be entitled, so long as she continued his wife or remained his widow, to the style, rank, and precedence, of a Baroness of these Our Realms, together with the rights and privileges thereto appertaining, according to and from the date of his appointment, and did therein and thereby declare that nothing contained in the said Warrant should be deemed or construed to authorise or permit any of their children to assume or use the prefix of Honourable, or to be entitled to the style, rank, or precedence, of the children of a Baron : ' Now Know Ye that We deem it expedient to assign and grant to all the children lawfully begotten of the said Lords of Appeal in Ordinary heretofore appointed, or that may be hereafter appointed, certain style, title, rank, and precedence, as is hereinafter declared. * We hereby revoke and altogether make void so much of Our aforesaid Warrant of the twenty-second day of December, one thousand eight hundred and seventy-six, as is inconsistent with, or contrary to the provision of, this Our present Warrant, and We do hereby declare with respect to all of the surviving children of the undernamed persons, all of whom either were formally or are now Lords of Appeal in Ordinary, namely : — Colin Blackburn, Lord Blackburn, deceased ; Edward Strathearn Gordon, Lord Gordon of Drumearn, deceased ; John David Fitzgerald, Lord Fitzgerald, deceased ; William Watson, Lord Watson ; Edward Macnaghten, Lord Macnaghten ; Michael Morris, Lord Morris ; James Hannen, Lord Hannen, deceased j Charles Synge Christopher Bowen, Lord Bowen, deceased ; Charles Russell, Lord Russell of Killowen (now Lord Chief-Justice of England) j and Horace Davey, Lord Davey j 31 8 A HISTORY OF THE BARONETAGE as also with respect to the children of any Lord of Appeal in Ordinary hereafter to be appointed and created a Lord of Parliament for life ; that such children shall have and enjoy on all occasions the style and title enjoyed by the children of hereditary Barons of these Our Realms, together with the rank and precedence next to and immediately after the younger children of all hereditary Barons now created or hereafter to be created, and immediately before all Baronets. * Our Will and Pleasure, therefore, is that you, Henry, Duke of Norfolk, to whom the cognizance of matters of this nature doth properly belong, do see this Our Order kept and observed, and that you do cause the same to be recorded in our College of Arms, to the end that Our Officers of Arms and all others upon occasion may take full notice and have knowledge thereof. * Given at Our Court at Saint James's^ the thirtieth day of March^ One thousand eight hundred and ninety-eight, in the sixty-first year of Our reign. 'By Her Majesty's command. ' M. W. Ridley: This document, not issued until more than four months after signature by Her Majesty, had taken about a year altogether to prepare, for its purpose was publicly acknow- ledged in August 1897, as already shown. The Honourable Society of the Baronetage lost no time in making a protest as public as the Warrant itself, by means of a letter, signed by its Registrar, addressed to the leading London newspapers, a copy of which will be found in the Appendix. APPENDIX LETTERS TO NEWSPAPERS referring to the Pre- cedence GIVEN TO Children of Life Peers and the Royal Warrant of the 30TH March 1898. The Times^ 31st August 1897. ' To the Editor. 'Sir, 'I see in the daily papers of the 27th inst. that in future the children of legal life peers are to be styled " Honourable " and to take precedence immediately after the children of barons and before all baronets. Surely this is a direct infraction of the under- taking given by James i. w^hen he instituted the Baronetage, that neither he nor his successors w^ould at any time create any dignity whatsoever mean between the barons and the baronets. 'I wonder what the barons would say if the children of bishops were given precedence of their children, or the rest of the Peers if the Lord Chancellor's or Lord Chamberlain's children were suddenly given a new and unprecedented place in the social scale. ' For many years the Baronetage has been slowly but surely dis- credited. The baronet's position quasi baronet has long been ignored in State functions. Their ancient privileges have disappeared, and the style of Honourable, justly accorded them until the latter part of the last century, has long been denied them ; and now an edict has gone forth lowering the order in the social scale. ' Only last year we had an instance of this when a baronet's eldest son claimed his knighthood on attaining his majority, yet, in defiance of the statutes of the Baronetage, the Lord Chamberlain refused to recognise the validity of the claim. * Surely it is time that the baronets as a body took some steps to 319 320 A HISTORY OF THE BARONETAGE protect their rights and the ancient dignity of their order. They are a powerful body, and it rests largely with themselves whether they will calmly sit still and allow their honour to be surely but steadily discounted. If the legal life peers' children had been placed on a par with the barons' children, perhaps the baronets could not have objected ; though it is, I think, unprecedented for official rank to convey precedence to children. But I cannot think that the baronets will submit to a further infraction of the covenants of the order without striking a blow in their defence. ' I am, Sir, ' Your obedient Servant, 'JusTiciiE Tenax.' The Times, i8th August 1898. *The Baronetage and the Children of Lords of Appeal. ' To THE Editor. *SlR, ' Observing that the Royal warrant giving titles to the children of Lords of Appeal in Ordinary with precedence before all baronets is now gazetted, I am instructed to inform you that the Honourable Society of the Baronetage has from the first called in question, as it does still, the legality of the advice given to the Sovereign which has led to the issue of this warrant. *The warrant, in itself a curiosity for the genealogist, is in direct, I might say flagrant, contravention of James i.'s decree, dated May 28, 1 61 2. In this instrument the King binds not only himself, but his heirs and successors also, not at any time to erect, create, or constitute any degree, order, name, title, style, dignity, or state, nor to give place, precedency, or pre-eminence to any person or persons, whatsoever beneath the degree of Lords of Parliament which should be or accounted to be higher, before, or equal to the degree, dignity, or place of baronets. ' The warrant, moreover, rides roughshod in quite an easy way over Royal covenants, expressed in the language of the decree, made with individual baronets in their patents of creation. APPENDIX 321 'The baronetage is not aware of any definite repudiation of James's decree, or of the individual covenants having been made by the Crown. ' Had her gracious Majesty elevated the persons concerned into any existing degree or order, baronets could have nothing to say, but as the Royal warrant involves a clear breach of one of the privileges which, held by them in trust for their posterity, it con- cerns their honour to defend, they will have no option as to the course now incumbent upon them. * The Honourable Society, intending to petition the Crown, has hitherto scrupulously avoided publicity, and my committee regret the necessity now forced upon it to depart for a moment from this principle. ' I have the honour to remain. Sir, ' Your most obedient servant, * Francis W. Pixley, * Registrar of the Honourable Society of the Baronetage. '58 Coleman Street, London, E.C., August 17.' The Times, 22nd August 1898. 'To THE Editor. 'Sir, ' In The Times of the i8th inst., a gentleman in the City writes on behalf of the " Society of the Baronetage " to complain of the Royal Warrant of March 30, regarding the style and rank of the sons and daughters of life peers. 'It is a new proposal to regulate the fount of honour from Coleman Street ; but if the baronets will employ some clearer- minded agent than their new "Registrar," they will discover that titles divide themselves into two classes — first, actual ; and secondly, courtesy ; that the titles now held by life peers' children come under the second heading ; and, further, that the March warrant hardly creates any fresh dignity, but rather cancels the peculiar disability under which certain peers' sons and daughters suffered X 322 A HISTORY OF THE BARONETAGE since 1876. They were the sons and daughters of a baron and a baroness, the former ennobled for higher reasons than generally influence the creation of a peerage, and yet they were practically illegitimatised. This probably lowered the value of their high position in the estimation of those peers who were called on to represent the House of Lords in its double capacity. Such peers are now, by an alteration of the 1876 Act, lords of Parliament for their natural life — like all other barons — and the usual courtesy precedence is accorded to their wives and children. No new degree " beneath a lord of Parliament " has been created now or since 1876. *I am, etc., «A. B. C. * August 20.' The Daily News^ 22nd August 1898. 'To THE Editor. 'Sir, ' The gentleman who in " The Daily News " of Thursday signs himself as the Registrar of that somewhat mysterious body " The Honourable Society of the Baronetage " should moderate the ardour of his claims. The demand for precedence over the sons of Life Peers, which he bases on the original charter of James i., only recalls the degraded origin of the title. Till that time knighthood was the most honourable of English dignities, and Queen Elizabeth added lustre to the status of a peer when she dubbed him knight for valiant deeds. But when that most despicable of English Kings, James vi. of Scotland, arrived from the North, he was sadly in want of funds, and proceeded to sell for ready cash hereditary knight- hood to those who could afford to pay his price. This course was worthy of the man who put that true knight Raleigh to death. But what should we think to-day if the Victoria Cross were made an hereditary decoration ? Since the time of James i. baronetcies have been granted for services rendered, and any payments in return have been decently veiled in contributions to party needs. But those APPENDIX 323 baronets who are particularly proud of their ancestry as holding an original title of James i. creation should let sleeping dogs lie. At present the newly-formed Honourable Society of the Baronetage is becoming ridiculous. ' Historian.' The Daily News^ 23rd August 1898. 'To THE Editor. 'Sir, ' I shall be obliged if you will allow me to say one word in respect to your article on the protest of the baronets. The contention that the Sovereign has power to revoke engagements entered into by her predecessors on the Throne appears to me a somewhat dangerous doctrine for a Liberal paper to enunciate. I had imagined that this question had been settled even as recently as the Wensleydale case in the House of Lords, when the Peers, not a very revolutionary body, clearly laid down the doctrine that the power of the Sovereign in the creation of honours was limited by Parliament, and the contract entered into between the Throne and Parliament at the time of the Act of Succession. Were it otherwise, no man, or order of men, would be safe. ' It may be argued that precedency is a small matter — in this case a very small one, for the number of the children of life Peers is limited, nor is it likely that a baronet of ancient and territorial rank is likely to suffer in influence or power through the interpolation of a few not very influential persons between himself and the peerage ; but what is of importance in the State is that contracts entered into shall be carried out, and that the Sovereign, being the chief of all orders in the land, shall be as jealous of their privileges as they are themselves. And, on the whole, is it more curious to observe the baronets as a body crying " Privilege," " Privilege," than to observe the same phenomenon in, say, the House of Commons, and is the right of the baronets of Nova Scotia to wear a ribbon and jewel very much more absurd than that which allows a bishop to wear a mitre, a judge a wig, an officer a sword, a member of Parliament a 324 A HISTORY OF THE BARONETAGE hat within the precincts, or a County Council labourer to have the privilege of preventing his colleague from working more than eight hours a day ? All orders of mankind have and should have their privileges and should be jealous of them, and it is no more ridiculous for the upper classes to fight for theirs than for the middle or lower classes to maintain theirs, and each class deserves the sympathy of just men when they combine to defend them. The fact that I do not understand the importance of wearing or refraining from wear- ing a hat in the presence of the Speaker gives me no warrant for saying that this is absurd, nor does the maintenance of the rank granted by the Sovereign to the ancestors of the baronets justify you, Sir, in ridiculing it as worthless on the ground that you do not understand its importance. * I remain, Sir, ' Your obedient Servant, * Heir Presumptive.' The Times^ 24th August 1898. *To THE Editor. 'Sir, * " A. B. C," in your columns of to-day, claims that the " titles now held by life peers' children " come under the heading of " courtesy titles." Courtesy titles indeed ! Since when have " courtesy " titles been created by Royal Warrants ? ' I hold that no style and title at all are given in the Warrant of March 30, because no such belongs in law to the children of hereditary barons, although they are held in the Warrant to " en- joy" them. Precedence is all that is given, and such gran: is, as Mr. Pixley has conclusively shown (and "A. B. C." cannot abridge his quotation at his pleasure), in flagrant opposition to the binding promises made by the fount of honour to whom the erection of the baronetage is due. ' Do any of us deny the Queen's power to bind her successors to a certain line of conduct when vested interests are affected ? APPENDIX 325 * Can any instance be adduced where the covenant of a Sovereign has been overridden without a repudiation of the same in terms ? ' May I add that the constitution of the baronetage as a sixth hereditary degree rests on three letters patent of James i., which must be carefully read by those who wish to understand its historical position. The unrest which has from time to time characterised it is most plainly due to the strange views acted upon by King James, as follows — ' He had created baronets to occupy, in his own Royal language, the mean position "betwixt a baron and a knight" ; that is to say a baronet would be between these in the scale of precedence, just as a baron would be between a viscount and a baronet. But when this well-understood and natural English scheme of precedence regulating the position of all members of their families had been assumed by the first ninety-two baronets created, the King, after long controversy with five of their number, refused to allow them precedence over barons' sons and younger sons of viscounts, on this most strange assumption — namely, that as these honourable persons (esquires by law) were " sprigs of their fathers' nobility," therefore they were more fit to be placed on a level with the very honourable head of an ennobled family (enjoying his baronet's title by law) than with the sprigs of this father's nobility. ' So it came about that any landless cadet born in the degree next immediately above baronet was appointed a higher place than the great landed proprietors and manorial lords who received baronetcies. For two and a half years afterwards no one accepted a baronetcy. * At this present period of Queen Victoria's glorious reign it is not agreeable to find her Majesty's advisers counselling her Majesty to imitate, with aggravation, the crowning mistake of James i. Far better would it have been for a dignity, which it is the true interest of the Crown to support, if, as a Jubilee or Diamond Jubilee commemoration of so splendid a reign, our gracious Sovereign had released the Baronetage from its anomalous position by promising to restore it gradually to the position rightly taken by the ninety- two baronets aforesaid, under the saving clause contained in James's final decree dated 161 6. 326 A HISTORY OF THE BARONETAGE * In itself the giving of rank to the offspring of office-holders is quite a new departure, rights of precedence having been limited heretofore to the holders of high office themselves. Your corre- spondent hardly improves matters by laying down the very funny doctrine that without certain rights of rank or precedence the children of life peers are " practically illegitimate." ' Personally, like others, I care little for the trumperies of pre- cedence ; but, possessing, as I do, a king's solemn promise made to my ancestors, myself, and my posterity in letters patent under the Great Seal, I would rather be a man defending that promise than a person clamouring for distinction, with pretensions which I do not think any baronet is legally obliged to recognise. ' I have the honour to be. Sir, * Your obedient servant, ' A Baronet (English creation). * August 22.' The Daily News, 27th August 1898. *To THE Editor. 'Sir, ' I have just seen a letter in your issue of the 22nd inst., carrying the signature " Historian " beneath the usual misrepre- sentations and parrot-cries concerning the baronetage. In these days of shallowness it is customary for ignorance to be paraded as knowledge, but better things are expected from " Historians." 'Your correspondent begins with a blunder in speaking of "the demand for precedence" (over others) as though it originated with the baronetage. Any ordinary observer knows that it is the sons of Lords of Appeal who have been demanding precedence, and titles too, and thereby seeking to disturb the whole fabric of English rules of precedence, since never before has rank been given to the issue of office-holders, as such, either in the House of Lords or out of it. * " Historian " then runs amuck at the origin of the baronetage and shows either his absolute ignorance of the service to the King APPENDIX 327 and State rendered by the early baronets, or else purposely sup- presses it. Where is the fool who does not know that service to the State is either personal or pecuniary, or both, and in all ages has been a fit subject for reward ? Who but " Historian" and his kind think any the worse of, (say,) the Duke of Westminster's ancestors because a baronetcy was the first hereditary title conferred on the family of Grosvenor, and was the only one belonging to them for seven generations ? Who but they are unaware that the family of their leader. Lord Rosebery, was first ennobled by a baronetcy, and that nearly one-sixth of the baronetage of "degraded origin" (sic) is represented in the peerage, while one of the "degraded origin " persons is actually a life peer ? 'Of course our "Historian" knows nothing about the sale of peerages and knighthoods in Stuart times ; and to judge from the tenour of his letter he thinks that modern people acquiring great riches in trade, or turning their political coat, and in both cases giving contributions to the party chest, " decently veiled," are more worthy to be honoured as baronets than men of the olden time who furnished regiments for the King's service, guarded his standard in battle, and bequeathed to the nation men, plenty of whom have been among our foremost statesmen, administrators, diplomatists, soldiers, and sailors. He is heartily welcome however to his opinion. 'Then we have "Historian" talking about " hereditary knight- hood," a thing which has never existed, for knighthood has always been personally bestowed. He means by this name, I suppose, to designate the baronetage, and here again. Sir, is exhibited culpable ignorance on the part of a person claiming to write fact. A baronet's patent of creation is like that of a baron, and constitutes him a baronet simply, with remainder. Originally this was all he had ; but at a later date James, by a well-known edict, ordered to be added (among others) a clause enabling any baronet and his eldest son, who should desire it, to claim knighthood in person from the Sovereign as an additional dignity. Thus was provided by charter a second title to be borne at will by a baronet's eldest son, while second titles of peers so borne by their sons remained a matter 328 A HISTORY OF THE BARONETAGE of courtesy ; but some ninety-two baronets already created at the time of the edict did not, of course, have any option of a secondary honour contained in their patents. 'As "Historian" considers knighthood to have been the most honourable of English dignities, it may help him to find out a little more about " degraded origins of titles " if I inform him that it can be seen in the list of the said ninety-two baronets that fifty-six of them were created from the ranks of the knights themselves, while all were heads of great families. ' I trust, Sir, I am not making inordinate demands on your space, but sometimes it is as well not to let ignorance and presumption have it all their own way. ' I have the honour to be. Sir, ' Your obedient servant, ' Baronettus. 'August 25.' INDEX Albemarle, Duke of — Precedency of Baronets at funeral of George Monk, 237. Alexander, Sir William — Charter and grant of lands in Nova Scotia, 141 et seq. Amelia Sophia Eleanora,Princess — Baronet's wife at funeral of, 206. Amelia, Princess — Baronet's wife at funeral of, 206. Anne, Queen of Denmark — Precedence of Baronets at funeral of, 236. Appendix — Letters to newspapers, 319. Argyll, Duke of — His connection with the Scottish and British-American Association, 296 et seq. Arms — Bannerets' arms borne in a square shield, 8. Baronets must originally have been descended of a grandfather who bore, 19. College of; see College. Registration of arms by Committee of Baronetage for privileges, 281 et seq. Arms, Officers of — Letter to, from Earl of Holland, 256. Their reply, 257. Assumption of the Title — Remarks on improper, 240. Attorney-General — Letter from, as to limitation of the number of Baronets, 215. Letter from, as to a proposed badge, 259. Bacon — Premier Baronet, 20. Badge — Baronets of Scotland and Nova Scotia, 242 et seq. Proposed badge for baronets of England, etc., 255. Reason of College of Arms for non- grant of a badge to Baronets of England, etc., 268. Bannerets — Arms of, 8. Ceremony of creation of, 6 et seq. Confused with Baronets, 2 et seq. Described as chevaliers a banier, 6. „ milites vexillati, 6. „ milites vexilliferi, 6. Institution of, 5. Baron's Patent — Similarity of operative words in Patent of Baronet and in, 195. Barons — Dispute between Baronets and younger sons of, 113. Baronet — Bacon the premier, 20. Banneret confused with, 2 et seq. Creation of a, 24. Dignity, state and degree of, 191. Funeral ceremony of a, 238. Nobilis Major, a, 11, 193. Patent of a ; see Patent. Sixth degree of hereditary nobility, 11. 329 330 A HISTORY OF THE BARONETAGE Word Baronet a necessary addition of dignity, 29, 36, 47, 54, 86, 210, 212 et seq. Baronetage — Early history of the, 108. Erection of the, i. Honourable Society of the, 316. Later history of the, 246. Opposition to the erection of the, 108. Baronetage of Scotland and Nova Scotia — Early history of the, 141. Institution of the, 1 54. Origin of the institution of the, 143. Proclamation announcing the proposed institution of the, 147. Baronets — Dispute between younger sons of Vis- counts and of Barons and the, 113. Eldest sons of Baronets have preced- ence of eldest sons of all Knights, 239. Meetings of, 226, 227, 245, 248 et seq.; 271, 277 et seq.; 315 ^/ seq. Nobiles Majores, 11, 193. Precedence of daughters of, 200, 204. „ sons of, 199. „ wives of, 200, 204. „ wivesof sonsof, 200, 204. Precedency of, 12, 18. Barrenberg — Battle of, I. Bart — Objection to this abbreviation of Baronet, Preface, 212. Bath — Precedency at restoration of the Order of the, 207. Betham, Sir William — Opinion of, as to knighthood of eldest sons of Baronets, 229. Bond — Form of, to be given by Baronets on payment of balance of their fees, 102. British-American Association — History of the, 299 et seq. Broun, Richard — Dispute as to his right to knighthood, 22^ et seq. Invites the Baronets to consider their privileges, 259 f/ seq. Presentation to, 284. Caboto, John — His voyage to Newfoundland, 141. Carleton, Sir Dudley — Letters to, 113, 116, 118, 130, 134. Chamberlain, Sir John — Letters from, 113, 116, 118, 130, 134. Chapter of Baronets — Reasons of College of Arms against formation of a, 268. Charles I. — Creation of first Baronet of Scotland by, 154. Letter to the Contractors for Baronets from, 175. Letters to Privy Council of Scotland, 161, 167, 169, 176, 180. Warrant of, as to knighting of eldest sons of Baronets of Scotland, 220, 221. Charles II. — Precedency of Baronets at coronation of, 203. Charles, Prince — Letter to Privy Council of Scotland, Charter — Abstract of rights conferred by Royal Charter of Baronets of Scotland and Nova Scotia, 154. Novodamus, of, 159. Precept of, 159. William and Mary, of, 186. Charter of Barony — Example of a, 241. Chevaliers a Banier — Bannerets described as, 6. INDEX 33^ Collar of S.S. — Remarks on, 284. College of Arms — Appeals to, as to precedence of Bar- onets of Scotland, 205. Report of, as to precedency of daugh- ters of Baronets, 202. Report of, as to Supporters, 262. Colville of Culross — Charter granting Barony of Culross, 241. Commission — For accepting surrender of lands and conferring Baronetages of Scotland and Nova Scotia, 162. For passing infeftment to lands in Nova Scotia, 184. James i/s, to the Lord Chancellor, i8th November 1614, 126. Respecting further plantation of Nova Scotia, 182. Signature of Commission ratifying former Commissions, 180. Touching the creation of Baronets, 93. Commissioners — Instructions to be observed by, 97. Committee of the Baronetage for Privileges — Formation of the, 279. Contractors for Baronets — Letter of Charles i. to the, 175. Convention of the Estates — Memorandum relating to the, 166. Cope of Hanwell — Ancestry of, 2 1 . Corporation — Grant of a Baronet's Patent to a, 92. Cotton, Sir Robert — Supposed by some to be the originator of revival of title of Baronet in 161 1, I. Creation — Of a Baronet, 24. Cumberland, Henry Frederick, Duke of — Baronet bore train of chief mourner at funeral of, 238. Dalyson Baronetcy — Omission to seal Letters Patent ot, 40. Decree — 28th May 1612, 119, 13th March 16 16, 13c. De Crespigny, Claud Champion — Refusal of Knighthood to, 228. De Hoghton of Hoghton Tower — Ancestry of, 20. Earl Marshal — Letter from James i. to, 135. Letter to Lord Sydney from, 201. Early History — Baronetage of England and of Ireland, io8. Baronetage of Scotland and Nova Scotia, 141. Edinburgh Castle — Place for giving sasine by infeftment, 160. Edmondson, Joseph — Secretary to Committee of Baronets in 1783, 249. England — Baronets of, 24. Early History of Baronets of, 108. Erection of the Baronetage of, i. Exchequer — Payment of Baronets' fees into the, lOI. Fane, Sir Ralph — Creation as a Baronet of, 8. Grant of Manor and Advowson to, 9. Translation of the Grant, 10. Fees — Payable on creation, 171 et seq. Payable on issue of Patent, 103. Remission of, 140. 332 A HISTORY OF THE BARONETAGE Ferrers, Sir Henry — His indictment quashed for incorrect description, zzx et seq. Flower of Nobilitie — Reference of James i. to, 120, 125. Frankland, E'r-' Sir Thomas — Badge worn by, 254. Funerals — Precedence of Baronets at public, 206, 235, 236. George i. — Cavalcade on arrival of, 13. George hi. — Petition of Baronets against Royal Warrantof, December 1783, to, 250. Gordon, B^- Sir Robert — Charter to, 142. Creation of, as first Baronet of Scotland and Nova Scotia, 1 54. Patent of Baronetage to, 59. Great Britain — Baronets of, 24. Gresley of Drakelowe — Ancestry of, 21. Sir Roger, 273. Harris, B'^- Sir Thomas — His petition to James i., 137. Objection to his creation, 1 34 et seq. Hawkins, 'Pleas of the Crown' — Extract from, as to the termination 'Baronet,' 213. Heralds — Fees payable to, 173 et seq. Heralds' College ; see College of Arms. Holland, Earl of — Appeal of the Baronets respecting a badge to, 255. Honourable — Petition of the Baronets to be styled, 262. Reason for styling Judges, etc., 264. Remarks on courtesy title of, 209. Title applicable to the Baronetage, 211. Honourable Society of the Bar- onetage — Formation of the, 316. Instructions — To be observed by Commissioners, 97. Ireland — Baronets of, 24. Early Baronetcies existing in, i. Early history of Baronetage of, 108. Institution of Baronetage of, 24, 42. James I. — Commission of, touching the creation of Baronets, 9 3 . Commission for taking the Oaths of the Baronets, 100. Commission to the Lord Chancellor, etc., to treat with Baronets, 126., Death of, 153. Decree of 28th May 161 2, 119. Erection of the Baronetage by, i . Final decree of the King in 1616, 130. Letter to Earl Marshal as to Sir Thomas Harris, Bt., 135. Letters to Privy Council of Scotland from, 144, 152. Letter from Privy Council of Scotland to, 145. Petition from Sir Thomas Harris, Bt., to, 137. Precedency of Baronets at funeral of, 237. Jury— Baronets invariably placed at head of list of a special jury, 214. Knight-Banneret ; see Banneret. Knighthood — Revocation of Promise and Grant as to knighthood of eldest sons, 39, 222. INDEX 323 Right of Baronets and their eldest sons to, 217 et seq. Warrant of Charles I. as to knighthood of eldest sons, 220. Ladies — Creation as Baronets of, 91. Lake, Sir Thomas — Letter from, 117. Letters Patent — Listitution of a Baronet is by, 26. Right of all Baronets to have letters patent of creation, 238. See also under ' Patents.' Life Peers — Warrant respecting children of, 316. Limitation — Of the Dignity to two hundred, 25, 214. Lord Chancellor — Letter of Charles i. as to knighting of eldest sons of Baronets to the, 171. LuDowic, Prince and Duke of Rich- mond AND Lenox — Precedence of Baronets at funeral of, 237. Lyon King of Arms — Letter respecting Badge of Baronets of Scotland from a Committee ot Baronets to, 246. Memorandum — Form of, previous to preparation of Letters Patent, 26. Milites vexillati — Bannerets described as, 6. Milites vexilliferi — Bannerets described as, 6. Monk, Duke of Albemarle — Precedency of Baronets at funeral of, 237. Musgrave of Edenhall — Ancestry of, 20. Nelson, Lord — Baronets allotted their place at public funeral of, 238. Nobiles Majores — Baronets are, 11, 193. Nobiles Minores — Baronets are not, 1 1 . Noblemen — Title not confined to Peers of Parlia- ment, 12. Nova Scotia — Addition of arms of, in armorial bear- ings of the Baronets of Scotland, 242. Baronets of, 24. Meetings of Baronets of, 245, 288 et seq. Petition to Queen Victoria of, 307. Rights of Baronets of Scotland to wear badge of, 242. NOVODAMUS — Charter of, 187. Oath — Commission to the Lords, etc., for taking the oath of the Baronets, 100. Form of the, 98, loi. Oliver Cromwell — Baronetcy created by, 92. Patent — Fees payable on issue of, 103. Forms of — Baronet of England, 27. „ Great Britain, 32. „ Ireland (English), 52. „ Ireland (Latin), 42. „ Scotland, 59. „ United Kingdom, 41. Paul, Sir George — Letter respecting case of Sir Thomas Harris from, 136. Peers — Dispute as to precedency between 334 A HISTORY OF THE BARONETAGE daughters of Baronets and grand- daughters of, 201. PiXLEY, Francis W. — Honorary Secretary with Sir Charles Rich, Bt., of ' Provisional Committee of the Baronetage,' 315. Registrar of the ' Honourable Society of the Baronetage,' 3 1 6. Poll Taxes — Payments at the Ordinance in 1641. Precedency of Baronets — Above lesser Barons in Scotland, 241. After the Union, 206. At Funerals, 206, 235, 236. Before the Union, 12. Complaint of Scottish gentry as to the, 166, 167. General Remarks on, 18, 1 1 1 et seq. ; 195^/ seq. In Processions, 236, 237. Settlement of dispute concerning, 239. Special precedency conferred by Letters Patent, 91. Precept — Of a Charter to convey with grant of lands, title, etc., of a Baronet of Scotland and Nova Scotia, 159. Prince of Wales, Henry — Baronets at funeral of, 235. Privileges of the Baronetage — Enumeration of the, 188 et seq. Privy Council of Scotland — Letters from James i. to the, 144, 152. „ to James i. from the, 145. „ from Prince Charles to the, 151. „ from Charles I. to the, 161, 169, 176, 180. „ to Charles i. from the, 167. Processions — Precedency of Baronets in, 236, 237. Proclamations — Concerning the Baronetage of Scot- land, 147, 163, 171, i8x. Project for erecting the Dignity — Document in the Public Record Office, 16. Receipt — Form to be given to Baronets on pay- ment of their instalments, 103. Receiver — Warrant appointing a Receiver of Fees, 106. Revocation — Of the Promise and Grant for knight- ing eldest sons, 222, 240. Rich, Henry, Earl of Holland — Appeal of the Baronets respecting a badge to, 255. Rich, B^- Sir Charles H. Stuart — Honorary Secretary with Mr. Pixley of ' Provisional Committee of the Bar- onetage,' 315. Letter respecting the Order regarding Children of Life Peers, 315. Treasurer of the ' Honourable Society of the Baronetage,' 316. Royal Decree — James i., 28th May 1612, 119. James i., 161 6, 130. Royal Standard — Right of Baronets in Battle to be near the, 235. Russell, Lord John — Letter in reply to ' Petition ' to Wil- liam IV. from, 273. Scotland — Baronets of, 24. Scottish and British-American Association — History of the, 294 et seq. Scottish Corporation — Grant of a Baronet's Patent to the, 92. Scottish Gentry — Complaint as to precedency of Baronets by the, 16S et seq. \ INDEX 33S Segar, Sir William — Letter from the Attorney-General re- specting a proposed badge to, 259. Shellev of Michelgrove — Ancestry of, 20. Shirley, Sir Thomas — Supposed originator of revival of title of Baronet in 161 1, 2. Shuckburgh, B'r- Sir Francis — Treasurer of the ' Committee of the Baronetage for Privileges,' 260, 279. Sir— Origin of the word, 208. Skory, Silvanus — His scheme to increase fees payable by Baronets, 130. Special Remainders — Examples of Baronetcies created with, 90. S.S. Collar of — Remarks on, 284. Strivelin — Battle of, 2. Style and Title — Remarks on, 208. Suffolk, Earl of — Letter respecting the Nova Scotia Badge to the, 245. Supporters — Reasons of College of Arms for not conceding, 264 et seq. Remarks on, 229. Special Report of ' Committee of the Baronetage for Privileges' on, 279. Sydney, Lord — Letter respecting Royal Warrant of 3rd December 1783 from, 253. Tonkin, Sir Warwick Hele — Letter as to Knighthood from, 231. Remarks as to Writ of Right by, 232. Traouair — Letter to the Laird of, 22. Ulster — Addition in Armorial bearings of Arms of, 233. Rebellion in, 18. Right of Baronets to bear the Arms of, 229. United Kingdom — Baronets of the, 25. Vane (or Fane), Sir Ralph — Grant to, 9 et seq. Victoria, Queen — Petition of Baronets as to attendance at her Coronation to, 275. Petition of Baronets of Scotland to, 307. Viscounts — Dispute between Baronets and younger sons of, 113. Walsingsham, Thomas — Remarks on battle of Strivelin, 2. Warrant — Appointing Receiver of Fees payable by Baronets, 106. Form of Warrant previous to prepara- tion of Letters Patent, 27. 3rd December 1783, as to registration of pedigrees, 247. 30th March 1898, as to children of Life Peers, 316. Partial Revocation of Warrant of 3rd December 1783, 254. Watson, Thomas — Receiver of Fees paid by Baronets, 106. Wauchtan — Letter to the Laird of, 22. Wemyss — Letter to the Laird of, 22. William iv. — Petition of Baronets to, 272. .^1 Y— ttt- »•*'• " „-A belo'' i^^^>A;?o ^le-^-' Pixley The hi 8 baron UNIVERSITY OF CALIFORNIA LIBRA U.C.BERKELEY LIBRARIES li II mil mil mil II II CD^bDst,^33