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A HISTORY OF THE BARONETAGE 




A HISTORY OF 

THE BARONETAGE 



BY FRANCIS W. PIXLEY 




LONDON 

<AND COMPANY 
1900 



Rights Reserved 



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 



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 



vii 



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 c 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 n. and Edward in. Ex- 
tinction of the same Revival of the Degree in 1611 
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 1612, 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 in., ..... 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 
1611, 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 u., when describing the 
battle of Barrenberg, fought in 1321, wrote, ' Capitur in 
campo comes Lancastriae, 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 1611. 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 u., 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 u. 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. 119, shows that the same con- 
fusion existed at the time of the erection of the Baronetage : 

c Reasons. 

1 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. 

, c The Degree is proved by the name Baronett. for Baronet is not 
a name introduced by the slipp of a Perm : but commonly used & 
knowne for the name of the degree, w ch was also knowne by the 
name Bannerett. 

4 Anncient originall Manuscriptes of the times of Ed. i. 2. 3. & 
R. 2. 

4 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 ch were at the siege of Berwicke by 
Ed. 3 We have also a rowle of the armie w ch went w th him into 
France. 

c Law 

c Statutes written french 2 printed in french & Inglishe 5 & 14, 
R. 2. 

4 Common Law 

< Pleadinges in 35 H. 6. pb. 8. 

c Storie 

c 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 

c What Degree 

c We prove what degree by Comparinge them one w th 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. 

4 Sir John Shandos who is famousely knowne to be a Banerett is 
in the rowle called Baronett. 

4 The same statuts of R. 2. one booke hath Baronett another booke 
& the recorde hath Bannerett. 

c and therefore Mr. Camden in his Book might well say as he 
dothe Baneretti qui aliis Baronetti. 

4 This is the first proofe of our degree & Consequently of our 
dignity & state. 

c The next is place : for place is properly to a degree : place is 
twofowle place amongst men : & place amongst degrees. 

c our place is amongst Bannerettes & therefore wee are to have our 
dignity & state amongst them. 

4 The rather because this is given as an honour to incite us to be 
forward in his Ma ties service in peace & warr, w ch 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 ties grace of equall vallue to all w ch have received it : for 
those gentl. w ch were no K tes & our posteritie in like case know not 
what they may Challendge whether so much as an ordinarie K fr . 

4 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. 

c 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. 

c lt 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 & Baronet as the duo stermini & 
meane Bannerett & Baronet : we thinke is not proper but an obscure 
speeche & wee must presume of the playne & Cleere speeche. 

c 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 th 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 ts 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. 

c & 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 ch doe belonge to the dignitie & state thereof. 

c If wee bee not that degree : then must followe the Inconvenience 
of Novelty w ch 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. 

c 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 th all rites & priviledges belonging there unto. 

(Endorsed in pencil) C i6u. 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 guy don 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 
off 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 tes 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 : 

4 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 tes 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 Trumpeters i tt 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. 

c 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 c banneretti.' 

As this document, although alluded to, has never before 
been printed, it is here given : 

C 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 tarn 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 fuerit absque recompensacione per 
nos eidem Radulpho pro redempcione dicti comitis adhuc facta 
Sciatis quod nos tarn in consideracione dicti servicii dicti Radulphi 
Fane nobis in forma predicta et aliter antehac facti et impensi. 



io 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 Militi 
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. 

4 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 : 

4 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 n 

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. 

4 In witness whereof, etc. Witness the King at Hynnyngham 
Castle, the 22nd day of July. 

c 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 



i 4 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 1116. 
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 Logic, 
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. c 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 10. In the Act of 17 Charles i. for disbanding the 
army, etc., a Baron paid ^40, their eldest sons 30, 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.' 



16 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 /., 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 : 

c A Project for erecting a new Dignitie beetween Barons & 
Knights in w ch theese Circumstances . . . considerable what shall bee 
their name and their place. 

c 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. 

c The same place shall bee retained by their wyves And their 
Sonnes and their Daughters, shall likewise take their places above 
the Children of all others t ... are to goe beneath their ffathers. 

4 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. 

c Thus-much to bee expressed in the body of the Patent. 

c Cautions concerning the former Project. 

*i. That none bee admitted except hee have of Certain yearlie 
revenue of Inheritance in possession looo* 1 per annum de Claro, or 
of landes of old rent good in accompt as icoo* 1 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. 

c 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 ranke. 

c 4. That hee must pay the mony downe for one yeares intertein- 
ment every yeare . . . hande. 

c 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 ch h ave now pl ace 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 ch shall bee hereditarie wherein 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 ties pleasure that the LL shall not bee so 
precise in placing those that shall receive this dignitie but that an 
Esq r 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 ch 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 



1 8 A HISTORY OF THE BARONETAGE 

presence of the LL Comissioners in manner and forme following : 
viz. I, 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* 68 favour 
on my behalfe, to create mee a Baronet, or ranke mee before any 
other (those summes of money w ch by my Patent I am tied to pay 
for the inter teinm 1 of 30 foote after 8d. per diem, for 3 yeares in 
Ireland only excepted). And that I will not give, nor any w h 
my consent shall give or consent to bee given, any gift or reward, 
directly or indirectly, other than that w ch 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, 1612 : 

c Baronet. 

c To maintaine 30 foot for 3 yeares for the defence of Ireland but 
especially for the plantacion of Ulster. 

4 His place to be immediately after the Younger Sonnes of 
Viscounts and Barons of England, & before all Kn ts of the Bath 
& Kn ts Bachelors, and all Kn ts 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 te 
of the Garter, Kn ts 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 1611, 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, c 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 n., 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 u. 
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 vn. ; 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 n. 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 n. 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 Rollo, 
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 gentlemen 



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 : 

4 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 selff and 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 hot 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.' 

C TO 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 agried 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 : 

i . Baronets of England. 
i. 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 1611 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 3oth 
September 1618 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 an d I 77> f 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 



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 2Oth 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 

4 After our very harty Comendacions Whereas of 

in the County of hath out of his good affeccion 

to his ma tes service, offered to charge himself w th the yearely 
intertaynement of 3O tie foote for three yeares after the rate 
of 8d. per diem for the Plantacion of Ulster His Ma tie 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 th all Titles Preveledges and preheminences w ch by his Ma tes 
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 ch we have received by vertue of his Ma tes Comission in that 
behalfe, ffbr w ch this shal be yor warrant And soe we bid you hartely 
farewell. 

< ffrom Whitehall this of 1 6 1 1 . 

' Yor very loving freindes 
c T. Ellesmere, Cane Lenox 

< R. Salisbury, T. Suffolke, Gibb, Shrewsbury, 

* W. Knollys E. Worcester, Fenton. 

< Jul. Caesar.' 



THE CREATION OF A BARONET 27 

* WARRANT 

c 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 ch 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 Imperil 
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 Provincial, quam, nostris jam auspiciis atque armis, faeliciter 
sub obsequii jugum redactam, ita constabilire elaboramus, ut tanta 
Provincia, non solum sincere Religionis cultu, humanitate civili, 
morumque probitate, verum etiam opum affluentia, atque omnium 
rerum copia, quae statum Reipublicae ornare vel beare possit, magis 
magisque efHorescat, Opus sane, quod nulli progenitorum nostrorum 
prcestare 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, asdes et castra extruantur, agri 
colantur, et id-genus alia ; Sed etiam prospiciendum imprimis, ut 
universus hujusmodi rerum civilium appartus, manu armata, prcesidiis 
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, 



28 A HISTORY OF THE BARONETAGE 

quod ipsi paratissimi sint ; ad hoc Regnum nostrum inceptum, tarn 
corporibus, quam fortunis suis promovendum : Nos commoti operis 
tarn sancti ac salutaris intuitu, atque gratos habentes hujusmodi 
generosos affectus, atque propensas in obsequium nostrum et bonum 
publicum voluntates, Statuimus apud nos ipsos nulli rei deesse, quae 
subditorum nostrorum studia prsefata remunerare aut aliorum animos 
atque alacritatem, ad operas suas praestandas, 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 Reipublicae 
atque temporum ratione) nova merita, novis dignitatum insignibus 
rependere : Ac propterea, ex certa 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 Angliae perpetuis temporibus 
duraturum. SCIATIS modo quod nos de gratia nostra speciali, ac 
ex certa scientia et mero motu nostris, ereximus, prasfecimus 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 Provinciae 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, Caetibus 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 praesente, explicatis, et non aliter creari 

contigerit). Quodque uxoris dicti et Hasredum mas- 

culorum suorum praedictorum, virtute dictae dignitatis maritorum 
suorum praedictorum, habeant, teneant, gaudeant, et capiant locum 
et praecedentiam, prae 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, prae quibus 
patres hujusmodi filiorum primogenitorum, et aliorum filiorum, et 
eorum uxores, et filiarum, vigore praesentium habere debent locum 
et praecedentiam. VOLUMUS etiam, et per praesentes pro nobis, 
haeredibus, 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 Praesentes 
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 prae- 

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 Haeredibus 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 praecedentias suas inter se, videlicet, quilibet 
eorum secundum prioritatem et senioritatem Creationis suae 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 praefato et haeredibus suis Masculis prae- 

dictis, quod nee Nos, nee Haeredes vel Successores Nostri, de 
caetero in posterum erigemus, ordinabimus, constituemus, aut crea- 
bimus infra hoc Regnum nostrum Angliae 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 Masculi praedicti, quam uxores, filii, uxores 

filiorum, et filiae ejusdem et haeredum masculorum 

suorum praedictorum, de caetero in perpetuum libere et quiete 
habeant, teneant, et gaudeant, dignitates, locos et praecedentias suas 
praedictas prae omnibus, qui erunt de talibus gradibus, statibus, 
dignitatibus, vel ordinibus in posterum, ut praefertur creandi respec- 
tive secundum veram intentionem praesentium absq ; impediment 
nostro, haeredum, 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 tune 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 yeram intentionem earundem, tam in omnibus curiis 



32 A HISTORY OF THE BARONETAGE 

nostris, quam alibi ubicunque. Non obstante aliqua lege, consue- 
tudine, praescriptione, usu, ordinationc, sive constitutione quacun- 
que antehac edita, habita, usitata, ordinata, sive provisa, vel in 
posterum aedenda, habenda", usitanda, ordinanda vel providenda": Et 
non obstante aliqui alii re, causa vel materid 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 iyth 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 Wei- 
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 all 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 35 

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 



36 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: 

c 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 1 9th 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 1611 (the 
second batch) was Sir Roger Dalyson of Laugh ton, 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 2yth 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 1611, 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: 

C 6 May 1624. 

4 SIR, His Ma tie 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 tie 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 tie 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. 

c 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 : 

c 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 theseTresents 

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 f aforesaid ALL f 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 QUEERS 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 : 

4 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 VI. 

The following is the Form of the Patent of creation of 
Baronets of Ireland when the Degree was first instituted : 

* Jacobus dei gratia Anglic Scotie Francie et Hibernie Rex fidei 
defensor, etc. Omnibus ad quos presentes littere nostre pervenerint 
salutem Cum inter alias Imperil 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 sincere 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 Nequa aut vis 
hostilis aut defectio intestina rem disturbet aut impediat Cumque 
super intimationem nobis antehac factam Quod quidam ex fidelibus 
subditis nostris regni nostri Anglic paratissimi fuerunt ad hoc Regium 
nostrum inceptum tarn corporibus quam fortunis suis promovendum 
Nos comoti opens tarn 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 hanc novus gradus inter subditos suos 
creandi habuerunt et exercuerunt de regali nostra potestate et 
authoritate ordinaverimus erexerimus constituerimus et creaverimus 
infra regnum nostrum Anglic quendam statum gradum dignitatem 
nomen et titulum Baronetti (anglice of a Baronett) infra dictum 
regnum nostrum Anglic 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 
separates litteras nostras patentes Nos grata memoria recolentes 
fidelia servicia tarn 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 perse verantiam 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 Anglic 
in dies magis magisque efflorescat Nos igitur operis tam 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 Anglic 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 
ampliandam 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 predict! habeant gaudeant teneant et 

capiant locum atque precedentiam virtute dignitatis Baronetti pre- 
dicti et vigore presentium tarn 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 railitibus 
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 private consilio nostro 
heredum et successorum nostrorum tarn in regno nostro Anglic 
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 consuctudine 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 tarn 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 films 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 tarn 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 principal! 
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 predictorum Nee persona 



50 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 precedential!! sive 
preheminentiam ante Baronettos predictos sed quod tarn 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 
tune Nos non creabimus vel perficiemus aliquem aliam persoham 
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 tarn contra 
nos heredes et successores nostros quam contra omnes alios quos- 
cunque secundum veram intentionem earundem tarn 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 Anglic 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 wives 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 Successois 
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, Magnae Britanniae, 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 Novae 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 rcducendum 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 praesentis cartae nostrae, cum consilio antedict. 
dare, concedere, et disponere, praefato praedilecto nostro DOMINO 
ROBERTO GORDON, militi, filio quondam Alexandri Sutherlandiae 
comitis, hesredibus suis masculis, et assignatis quibuscunque^ hareditarie^ 
TOTAM ET INTEGRAM illam partem et portionem diet, bondarum 
et terrarum regni et dominii Novae Scotiae, ut subsequitur, vulgar! 
nostro sermone particulariter bondat. et limitat. To WITT, 
Beginnand on the sea-cost at the south-west part of land, upon the 
eastmost side of that bay callit Port de Montoun, and from thence 
going eastward thrie myllis alongst the cost, and from thence passing 
northward 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, 



60 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, tam rubrorum quam alborum piscium, 
salmonum, aliorumque magnorum et parvorum piscium, tam in salsis 
quam aquis dulcibus, advocatione, donatione, benificiorum ecclesiarum 
et capellaniarum, et juribus patronatuum earund. annexis, connexis, 
dependentiis, tenentibus, tenandriis, libere 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 praedictas bondas et 
terras, omnium et singularum partium, pendiculorum, pertinentium, 
privilegorium, et commoditatum earund. terrarum, aliorumque 
supra mentionat. CUM plenaria potestate et privilegio praefato 
domino Roberto Gordon, suis haeredibus 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 haeredibus et 
successoribus, 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 61 

mineralibus, pretiosis lapillis, gemmis, margaritis, unionibus, aliisque 
quibuscunque, in usum et proprietatem praefati domini Roberti, 
haeredum 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, aedificandi, 
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, tarn per mare et littora, 
quam per terras, munita, supportata, et inhabitata, moenibus, et 
praefidiis militum et armatorum, pro fortificatione, roboratione, 
tutela, et defensione earund. Et similiter erigendi, et constituendi 
nundinas, mercaturas, et mercemoriiarium 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 praefato domino 
Roberto, suis haeredibus masculis, et assignatis, magis videbitur 
expedien. cum omnibus et singulis privilegiis, libertatibus, 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 baroniae regalitatis, portuum, stationum, castrorum et 
munimentorum, una cum justiciariis pacis, constabulariis, aliis 
officiariis, tarn 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 future observandos, praevaricatores et 
contravenientes eisdem castigandi, corrigendi, et conformiter 
puniendi. Ac etiam, aedificandi et extruendi naves, navigia, et 
vasa, tarn magna quam parva, tarn bello quam mercimoniis apta ; 
vel infra dictum dominium Novae Scotiae, 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 dictae 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 63 

et consensu dicti domini Robert! 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 warranto et mandate 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 Novae 
Scotiae, cum ipsis, si videbitur, suis rationabilibus sumptibus et 
impensis, ut congruit. Cum potestate etiam praefato domino 
Roberto, suis haeredibus 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 mandate 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 quarumcunque 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,?assignatis 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 Novae 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 ; tune, 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 prasfatum dominum Robertum, 
suos haeredes 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 implement 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 poenis vel pecuniarum 
summis : Et si fregerint aut violaverint eadem pacta, contractus, 
fcedera, 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, tune, et in 



THE CREATION OF A BARONET 65 

iis casibus, vel in aliquo eorundem, licitum 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, 
fenentibus, 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, tarn per mare quam per terras, cum 
potestate et privilegio etiam praefato domino Roberto Gordon, et 
suis praescript. omni tempore a futuro, exportandi de dictis bondis 
et regno Novae Scotiae, omnia mercimonia, mercantias, et com- 
moditates quascunque, et importandi et inducendi eadem in dictum 
regnum Scotiae vel ad quascunque alias partes, pro ipsorum arbitrio ; 
nee non exportandi de dicto regno Scotiae et aliis locis quibuscunque, 
omnes mercantias, mercemonia, et commoditates quascunque, et 
inducendi et inferendi easdem dicto regno Novae 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 Scotise, 
vel regnum Novae Scotiae. Inhibendo, tenore praesentis cartae 
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 Scotiae, 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 sexdecem annorum diem datae praesentis 
cartae nostrae immediate subsequend. Et in hunc finem, quod 
licebit praefato domino Willielmo Alexander, et suis praescript. tollere, 
exigere, petere, et recipere easdem acquittantias, et exonerationes 
desuper dare et concedere, quas nos, tenore praesentis 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 nullo modo licitum 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 hanc 
nostram cartam esse et fore sufficientem licentiam et warrantum, 



THE CREATION OF A BARONET 67 

omni tempore a future, praefato domino Roberto Gordon, et suis 
praescript, et omnibus aliis personis laesae majestatis non reis, vel 
alioquin specialiter non inhibitis, cum ipsis vel eorum aliquo pro- 
fiscisci cupientibus dictis terris et bondis, libere eundi de dicto 
regno Scotiae et proficiscendi, et reparandi ad dictas terras et regnum 
Novae Scotiae, absque aliquo periculo, inconvenientia ipsis, in suis 
corporibus, terris, bonis, seu catellis penes quam nos, cum avisa- 
mento, ante diet, pro nobis, et nostris successoribus, dispensavimus, 
ac per praesentis cartae nostrae tenorem dispensamus in perpetuum. 
ET PRTETEREA, dedimus, concessimus, et declaravimus, tenoreque 
praesentis cartae nostrae pro nobis, haeredibus et successoribus nostris, 
cum avisamento et consensu supra script. Damus, concedimus, 
volumus, declaramus, et ordinamus, quod omnes nostri subditi, et 
aliae personae quaecunque, quas subjicere sese nostrorumque haere- 
dum, et successorum obedientiae placebit, quae quocunque tempore 
imposterum profecturi sunt ad dictas bondas et terras, praefato 
domino Roberto Gordon per praesentes dispositas, ad inhabitandum 
easdem, vel aliquam earundem partem, cum licentia, consensu, et 
permissu, dicti domini Roberti, suorum haeredum masculorum, et 
deputatorum, quod omnes et singulae dictae personae, cum suis 
liberis et posteris respective habebunt, tenebunt, fruentur, gaude- 
bunt, et possidebunt omnes et quascunque libertates, privilegia, et 
immunitates liberorum, et naturalium subditorum dicti regni nostri 
Scotiae, aliorumque nostrorum dominiorum, ac si nati et procreati 
fuissent infra eadem regna et dominia. Et pro constitutione majoris 
authoritatis, imperii, potestatis, et jurisdictionis omni tempore a 
future, in persona dicti domini Roberti Gordon, haeredum suorum 
masculorum, assignatorum et deputatorum, infra dictas terras, nos 
pro nobis, haeredibus et successoribus nostris, cum avisamento et 
consensu ante diet, dedimus et concessimus, tenoreque praesentis 
cartae nostrae, damus et concedimus haereditarie praefato domino 
Roberto Gordon, haeredibus suis masculis, et assignatis quibuscun- 
que, justiciariam et vice-comitatum dictarum omnium particularium 
bondarum et terrarum supra specificat. Et fecimus et constitui- 
mus, tenoreque praesentis cartae nostrae facimus, et constituimus 
praefatum dominum Robertum Gordon, suos haeredes masculos, et 



68 A HISTORY OF THE BARONETAGE 

assignatos, nostros haereditarios vicecomites, quaesitores, justiciaries, 
haereditarie in perpetuum, infra omnes et singulas dictas particulars 
terras et bondas supra specificatas, et specialiter designatas, cum 
omnibus et singulis libertatibus, privilegiis, franchisis, immunitatibus, 
et commoditatibus diet, vicecomitatui et justiciariae spectan. cum 
potestate dicto domino Roberto Gordon, suis haeredibus masculis, 
assignatis, vel deputatis, sedendi in judicio, cognoscendi, et decer- 
nendi, in omnibus et quibuscunque causis, tarn civilibus quam 
criminalibus, infra dictas bondas et jurisdictionem earundem ter- 
rarum, similiter, et tarn libere omnibus modis, tanquam aliquis alius 
justiciarius, quaesitor, vel vicecomes quicunque potest, vel poterit 
facere aliquo tempore praeterito vel future. Et ne aliqua quaestio 
occurrat de tempore infra quod praefatus dominus Robertus, suique 
praescript. tanquam vicecomites vel justiciarii sedeant. cognoscant, 
et decernant in causis criminalibus post commissa crimina, nos pro 
nobis, haeredibus et successoribus nostris, cum avisamento et con- 
silio ante diet, tenore praesentis cartae nostrae volumus, concedimus, 
et declaramus, quod licitum et legitimum erit iisdem accusare quos- 
cunque reos criminaliter offendentes infra dictas bondas et terras, 
pro quibuscunque criminibus per ipsos commiss. et sedendi, cognos- 
cendi, judicandi, et decernendi de iisdem, quocunque tempore infra 
spatium sex mensium, diem commiss. criminis immediate subsequen. 
durante quo quidem spatio, licebit tantum praefato domino Roberto, 
et suis praescript, et non aliis, examinare, cognoscere, judicare, et 
procedere de eisdem, excludendo, durante dicto spatio, nostro locum 
tenente, et omnibus aliis personis quibuscunque, ab exercitatione 
cujuscunque judicii vel jurisdictioniis de eisdem, et ab attachia- 
mento, arrestatione, adjuramento, vocatione vel conventione dic- 
torum criminaliter offendentium, et crimina committentium, quo- 
cunque modo vel ratione. Proviso tamen quod si, post dictum 
spatium sex mensium excurrentium, dicta crimina et criminaliter 
offendentes non fuerint judicati nee examinati, vel discussi per 
dictum dominum Robertum, et suos praescript. in ea casu licebit 
deinceps nostrum locum-tenenti, suis haeredibus et assignatis, nostrum 
locum tenentibus, et suis deputatis, accusare, attachiare, arrestare, 
citare, et convenire dictas personas reas, et judicare et cognoscere 



THE CREATION OF A BARONET 69 

de criminibus per ipsos commiss. prout ipsis expediens videbitur, 
cum potestate etiam dicto domino Roberto, et suis praescript. non 
obstante provisione supra script, post expirationem diet, sex mensium, 
omnibus temporibus, in absentia dicti domini Willielmi Alexander, 
suorum haeredum et assignatorum, nostrum locum tenentium, et 
eorum deputatorum, judicandi, cognoscendi, et decidendi in omnibus 
causis criminalibus, et puniendi omnes criminaliter offendentes infra 
dictas bondas, pro ipsorum arbitrio ; et simili modo, in ipsorum 
absentia extra dictum regnum, vel infra spatium sex mensium, vel 
postea quocunque tempore, remittendi, et condonandi diet, crimina 
et criminaliter offendentes infra dictas terras et bondas, pro hujus- 
modi rationalibus causis et considerationibus, prout ipsis videbitur 
expediens. ET PR^ETEREA, cum potestate dicto domino Roberto, 
et suis praescript. sedendi, judicandi, et cognoscendi de omnibus 
criminibus et criminaliter offendentibus infra dictas bondas, et vel 
puniendi, remittendi, vel condonandi dicta crimina et criminaliter 
reos, prout ipsis videbitur expediens, omnibus temporibus dicto spatio 
sex mensium elapso, antequam praefatus dominus Willielmus, sui 
haeredes et assignati, nostrum locum tenentes, et sui deputati provo- 
caverint, citaverint, vel indictaverint dictos criminaliter offendentes, 
ad comparendum coram ipsis in judicio, quamquam in regno Novae 
Scotiae pro tempore fuerint, absque prasjudicio tamen praefato domino 
Willielmo, suis haeredibus, et assignatis nostrum locum tenentibus, 
et suis deputatis, si primi fuerint citatores, post elapses sex menses, 
sedendi, judicandi, cognoscendi, puniendi, vel remittendi dicta 
crimina et criminaliter offendentes, pro eorum arbitrio, ut prae- 
mittitur. Et similiter, tenore praesentis cartae nostrae, ordinamus, 
quod si contingat praefatum dominum Robertum, vel suos praescript. 
condonare et remittere aliqua ex dictis criminibus, vel criminaliter, 
ut praemittitur, offendentes, quod tune et in eo casu, eorum remissio 
et indulgentia sic conceden. publicabitur et proclamabitur infra 
dictas bondas, die et data concessionis ejusdem, per aliquem ex 
diet, particularibus oificiariis per ipsos ad id effectum designandis ; 
et post publicationem ejusdem, quod eadem remissio insumabitur 
in registro dicti domini Willielmi, suorum haeredum et assignatorum, 
nostrum locum tenentium ejusdem regni, infra spatium sexaginta 



yo A HISTORY OF THE BARONETAGE 

dierum, publicationem ejusdem proxime subsequentem, ad minimum, 
quod eadem offeretur et praesentabitur, coram duobus fide dignis 
testibus, dicti registri custodi, si dicti registri clericus, vel custos 
ejusdem, in dicto regno Novae Scotiae pro tempore fuerit, cum 
plenaria potestate et privilegio similiter praefato domino Roberto 
Gordon, suis haeredibus masculis, assignatis et deputatis, in 
sempiternum sedendi, affigendi, et tenendi, vel tenere causandi, 
suis nominibus curias justiciariae, vicecomitum curias, liberae 
regalitatis curias, et baronis et baroniae curias, infra et super 
totis et integris praedictis bondis, et terris ipsi, ut praemittitur, 
designatis, vel super aliqua parte earundem, omnibus temporibus 
et occasionibus prout ipsis visum fuerit, clericos officiaros, 
serjandos, adjudicatores, et alia curiae membra quaecunque faciendi 
et creandi, aeschetas et amerciamenta curiarum ordinandi, exigendi, 
levandi, recipiendi, et ad ipsorum proprios usus, prout ipsis expediens 
visum fuerit, applicandi, cum omnibus aliis et singulis privilegiis, 
libertatibus, commoditatibus et casualitatibus ad dicta officia et 
jurisdictiones justiciariae liberae regalitatis, et vicecomitatus, aliaque 
supra expressa spectan. vel juste cadere aut spectare poterint ; cum 
libera potestate, et privilegio etiam praefato domino Roberto, suis 
haeredibus masculis, et assignatis, vendendi, alienandi, et disponendi 
haereditarie vel aliter, totas et integras praedictas bondas et terras 
supra designatas, pro ipsorum arbitrio ; cum omnibus et singulis 
libertatibus, licentiis, immunitatibus, et commoditatibus supra et 
infra expressis, tenore praesentis cartae nostrae ipsis concess. vel cum 
tot et dictis libertatibus, commoditatibus, et aliis, quot ipsis et suis 
praescript. expediens videbitur, cuicunque alteri personae vel personis, 
suis haeredibus, et assignatis sub nostra obedientia existentibus, tenen. 
de nobis, nostris haeredibus, et successoribus, vel de praefato domino 
Roberto, suis haeredibus masculis, et assignatis, pro arbitrio dicti 
domini Roberti, suorumque antedict. Quae quidem terras, bondae, 
privilegia, aliaque supra expressa, vel aliqua pars earundem sic 
disposita per praefatum dominum Robertum, vel suos praescript, 
cuicunque alteri personae, seu personis, tenen. de nobis, nostris 
haeredibus, et successoribus, nos, nostri haeredes et successores 
recipimus, et admittimus ipsos, et eorum unumquemque tanquam 



THE CREATION OF A BARONET 71 

nostros liberos vassallas et immediatos tenentes earundem ; et con- 
cedimus ipsis et eorum unicuique talia sufficientia infeofamenta 
earundem, et cum eodem modo tenendi, qualia nunc concessimus 
praefato domino Roberto, suis haeredibus masculis, et assignatis, 
quandocunque eadem ipsi requisiverint, cum postestate etiam praefato 
domino Roberto, et suis antedict. et singulis alteri personae vel 
personis, sub nostra obedientia existentibus, quibus ipsos alienare 
et disponere aliqam partem seu portionem dictarum terrarum 
contigerit, insignire et vocare easdem, vel aliquam partem seu 
portionem earundem, per aliquod nomen seu titulum temporibus 
futuris, prout ipsis expediens videbitur ; nee non licebit haeredibus 
masculis, vel successoribus dicti domini Roberti quibuscunque, 
et suis assignatis, intrare seipsos, tanquam haeredes suis predeces- 
soribus, dictis terris et bondis aliisque quibuscunque praefato 
domino Roberto concess. et disposit. vel ad aliquam partem 
earundem, virtute hujus praesentis cartae nostrae ; et id vei 
per ordinem cancellariae dicti regni nostri Scotiae, per servitium 
brevium, retornatuum, et praeceptorum ex eadem directorum, et 
modis in similibus casibus in hujusmodi materia usitatis et consuetis, 
vel alioqui per ordinem capellae et cancellariae dicti regni Novae 
Scotiae, pro arbitrio et optione haeredum masculorum, et successorum 
dicti domini Roberti, et suorum assignatorum quorumcunque. CUM 
POTESTATE etiam praefato domino Roberto, et suis praescript. et 
eorum deputatis, omni tempore future, convocandi omnes et singulos 
homines tenentes, servos et incolas suos quoscunque dictarum 
omnium bondarum et terrarum supra designatarum, omnibus tem- 
poribus et occasionibus, prout ipsis visum fuerit pro bono, defensione, 
et propagatione ipsorum, vel dictarum bondarum et terrarum, ad 
resistendum exteris hostibus, ad reprimendum insolventias, et 
crimina turbulentorum, seditiosorum, et populi rebellantis, ad 
reducendum silvestres et aborigines ad conformitatem et debitam 
obedientiam, et ob alias legitimas urgentes et necessarias causas 
quascunque. ET PRJETEREA, dedimus et concessimus, tenoreque 
praesentis cartae nostrae pro nobis nostris haeredibus et successoribus, 
cum avisamento et consensu antedict. damus, concedimus, volumus, 
ordinamus, et declaramus, quod praefatus dominus Robertus, suique 



72 A HISTORY OF THE BARONETAGE 

praescript. omni tempore a future habebunt suffragium et vocem 
in condendis omnibus et singulis legibus, imposterum faciendis de 
publico statu, bono, et regimine dicti regni Novae Scotiae, et in 
omnibus comitiis, parliamentis, synodis, conciliis, et conventionibus 
convocandis, conveniendis, vel in eum finem tenendis 5 et quod 
debite et legitime ad id effectum promovebunt, quod nullae leges 
de eisdem fient, statuent aut validae erunt absque avisamento et 
consensu dicti domini Roberti, suorumque praescript. et absque 
consensu reliquorum baronettorum, parem et similem quantitatem 
et proportionem terrarum infra dictum regnum habentium, ad ipsos 
suosque haeredes haereditariae spectan. qualem, tenore praesentis 
cartae nostrae, praefato domino Roberto disposuimus, Viz. singuli 
eorum sexdecem millium acrarum terrae ad minimum, absque avisa- 
mento et consensu majoris partis totidem eorum, qui convenient 
simul ad ferendum voces et suffragia, super debita et legitima prae- 
monitione ipsis desuper faciendo, concludendo, et proponendo prima 
conventione et synodo, per ipsos, et nostrum locum tenentes, vel 
eorum haeredes aut assignatos, tenenda, nostrum locum tenentes 
pro condendis legibus et statutis dicti regni ; et quod nulla persona, 
seu personae quaecunque, quae non fuerint haeredes quaelibet ipsarum 
sexdecem millium acrarum terrarum infra dictum regnum, habe- 
bunt vocem vel suffragium in condendis quibuslibet legibus dictum 
regnum concernen. absque avisamento, consilio, et consensu dicti 
nostri locum tenentis, haeredum suorum et assignatorum, nostrorum 
successorum locum tenentium, et dicti domini Roberti, suorumque 
praescript. et reliquorum baronnettorum. INSUPER, si praefatus 
dominus Robertus, suique haeredes masculi, et assignati praescript. 
non fuerint personaliter praesentes in dictis parliamentis, comitiis, 
consiliis, conventionibus, et synodis, quae tenebuntur, vocabuntur, 
et convenientur ad effectum supra script, infra dictum regnum 
Novae Scotiae, tune et in eo casu, deputati seu actornati, seu 
habentes potestatem et authoritatem suam, ac habentes quantitatem 
mi lie acrarum terrarum ipsis infra dictum regnum haereditarie 
spectan. habebunt similem vocem et suffragium, ac si ipsi persona- 
liter interessent ; sed si aliaquae conventiones vel synodi tenebuntur 
ad id effectum, infra dictum regnum Scotiae, si personaliter inter- 



THE CREATION OF A BARONET 73 

fuerint pro tempore infra dictum regnum, habebunt vocem et 
suffragium, tantum per seipsos, et non per delegates, vel actornatos ; 
sed casu absentiae extra dictum regnum, hujusmodi temporibus, in 
eo casu, sui deputati et actornati, haben. suam potestatem et 
warrantum, habebunt similem vocem et suffragium, ac si persona- 
liter interessent. ET QUOD praefatus dominus Robertus, et reliqui 
nostri subditi et incolae illius regni Novae Scotiae, omni tempore 
future, judicabuntur, regentur, et gubernabuntur, in omnibus causis 
civilibus et criminalibus, legibus dicti regni tantum, et non aliis, 
absque praejudicio tamen praefato domino Roberto, et suis praescript. 
per seipsos et suos deputatos, faciendi tales particulares leges, con- 
stitutiones, et statuta, infra proprias suas bondas particulariter supra 
designat. quae sibi usui sint pro meliori policia, bono, et regimine 
earundem et inhabitantium ibid, et pro conservatione boni ordinis, 
et administratione juris et justiciae ibidem. Et absque praejudicio 
dicto domino Roberto, et suis praescript, alterius cujusquam parti- 
cularis libertatis, privilegii, immunitatis, clausulae seu conditionis 
qualiscunque supra vel infra express, in favorem ipsius concept. 
Proviso omni modo, quod quaecunque leges generates faciendae et 
constituendae modo praescript. publicum statum, bonum, et regimen 
dicti regni concernen. vel per praefatum dominum Robertum, et 
suos ante diet, in ipsorum particularibus bondis, ut praemittitur, 
fiant conformes, et aequales legibus dicti regni Scotiae quoad con- 
venienter poterint, respectu habito ad circumstantias temporis, loci, 
et situationis ejusdem regni, et inhabitantium, et conditionum et 
qualitatis earund. ET PRJETEREA, tametsi per expressam condi- 
tionem diet, originalis infeofamenti nostrum locum tenenti concess. 
constitutum est, quod ipsi, et haeredes ac assignati sui, ut convocent 
omnes et singulos inhabitantes regni Novae Scotiae proclamationibus, 
vel alker, modo et forma inibi specificat. nihilominus concessimus, 
voluimus, et ordinavimus, tenoreque praesentis cartae nostrae, pro 
nobis, haeredibus et successoribus nostris, cum avisamento et con- 
sensu antedict, volumus, concedimus, declaramus, et ordinamus, 
quod nullo modo licitum erit nostrum locum tenenti, suis haeredibus, 
successoribus, vel assignatis, aut quibuscunque aliis nostri, seu 
nostrorum successorum, officiariis quibuscunque, vocare, convocare, 



74 A HISTORY OF THE BARONETAGE 

cogere per proclamationem, vel aliter, dictum dominum Robertum, 
suos haeredes et assignatos, successores, deputatos, homines tenentes, 
servos, vel incolas dictarum particularium bondarum, praefato domino 
Roberto, sic ut praemittitur, dispositarum, nisi pro rationalibus, 
necessariis, et legitimis causis, quae invenientur utiles et expedientes 
reipublicae dicti regni, per legitimum nostrum locum tenentem, 
suosque praedict. cum avisamento et consensu dicti domini Roberti, 
suorumque antedict. et reliquarum personarum supra mentionat. 
designatarum, ut habeant vocem et suffragium in condendis legibus, 
ut praemissum est. Quae quaedem personae, et qulibet ipsarum, sui 
haeredes, successores, assignati, deputati, homines tenentes, servi, 
vel incolae diet, separatarum bondarum, simili conditioni subjicientur; 
et similiter, non erit licitum nee legitimum dicto nostrum locum 
tenenti, vel suis praescript. vel quibuscunque aliis, nostris, haeredum 
vel successorum nostrorum officiariis, exigere, imponere, vel levare 
aliquam taxationem vel impositionem, a vel super dictum dominum 
Robertum, suos haeredes masculos, assignatos, deputatos, homines 
tenentes, servos, vel inhabitantes dictarum terrarum et bondarum 
particulariter supra dispositarum, vel super dictis suis terris, reddi- 
tibus, bonis, seu catellis, absque speciali consensu dicti domini 
Roberti, vel suorum praescript. non obstante aliqua potestate nostro 
locum tenenti et suis antedict. per dictum originale infeofamentum 
concess. vel virtute cujuscunque alterius tituli vel juris fact, et 
concess. vel per nos, nostros haeredes, vel successores, praefato locum 
tenenti nostro, vel alicui alteri personae cujuscunque faciendi vel 
concedendi, absque praejudicio tamen praefato domino Roberto, et 
suis praescript. infra bondas particulariter supra designat. et per 
praesentes sibi disposit. vocandi, cogendi, et conveniendi suos 
homines et incolas, omnibus temporibus et occasionibus, modo et 
propter causas supra expressas, ut praemittitur, ipsas tangen. NEC 
NON dedimus, concessimus, et disposuimus, tenoreque praesentis 
cartae nostrae, pro nobis et successoribus nostris, cum avisamento et 
consensu antedict. damus, concedimus, et haereditarie in perpetuum 
disponimus, dicto domino Roberto, et suis praescript. omnia et quae- 
cunque alia privilegia, libertates, licentias, commoditates, et immuni- 
tates, proficua, praerogativa, dignitates, et casualitates, generaliter 



THE CREATION OF A BARONET 75 

et particulariter in dicto originali infeofamento, praefato domino 
Willielmo Alexander, et suis antedict. concess. specificat. et express. 
et id tarn plenario, libero, et amplo modo, et forma, ac si eadem 
privilegia, praerogativa, immunitates, libertates, licentiae, dignitates, 
commoditates, et alia, cum omnibus clausulis et conditionibus, in 
hac prsesenti carta nostra ad longum specialiter insinuatae et con- 
tentae essent, quatenus extendi et concerni poterint particulares 
bondas et terras supra designatas, virtute hujus cartae nostrae, praefato 
domino Roberto, et suis antedict. tanquam haeredibus earund. 
disposit. Excepto omni modo et reservato praefato domino 
Willielmo Alexander, suis haeredibus et assignatis, officio nostri 
locum tenentis dicti totius regni et dominii Novae Scotiae, potestate 
et privilegio cudendae pecuniae, officio principalis justiciarii generalis 
ejusd. regni, in causis criminalibus, officio admiralitatis, faciendi 
officiarios status, conferendi titulos honorum, cum plena potestate 
et jurisdictione liberae regalitatis, capellae, et cancellariae dicti regni, 
et privilegio condendi leges publicum statum, bonum, et regimen 
dicti regni concernentes, illi per suum originale infeofamentum 
praedict concess. PROVISO tamen quod eadem reservatio et exceptio, 
in favorem dicti domini Willielmi, suorumque praescript. nunc con- 
cepta, nullatenus praejudicabit vel praejudicatio erit praefato domino 
Roberto, et suis antedict. penes omnes, vel aliquod ex particularibus 
privilegiis, licentiis, libertatibus, immunitatibus, commoditatibus, 
aliisque supra et subtus mentionat. praefato domino Roberto, et suis 
antedict, tenore praesentis cartae nostrae concess. modo generaliter 
et particulariter supra et subtus specificat. QUJE QUIDEM terrae, 
bondae, advocatio et donatio beneficiorum ecclesiarum, et capellani- 
arum, fodinae, mineralia, metalla, margaritae, silvae, piscationes, 
molendina, multurae, officia, privilegia, et jurisdictio liberae regalitatis, 
justiciae et justiciariae, vicecomites vicecomitatuum, et omnes alias 
libertates, immunitates, privilegia, commoditates, licentiae, custumae, 
casualitates, aliaque universa generaliter et particulariter supra 
mention, debite et legitime resignatae, sursum redditae, et extra 
donatae fuerunt per diet, dominum Willielmum Alexander, et legi- 
timum procuratorem suum, ipsius nominibus, in manibus nostris 
tanquam immediati sui superioris, earundem per fustum, et baculum, 



76 A HISTORY OF THE BARONETAGE 

ut moris est, resignatione earundem facta, APUD QUHYTHALL, 
vigesimo sexto die mensis Maii, anno Domini millesimo sex- 
centesimo vigesimo quinto ; una cum omni jure, titulo, interesse, 
et jurisclameo quae seu quas in et ad easdem, aliquam earundem 
partem, habuit, habet, seu quovis modo in futurum habere vel 
clamare potuerat. IN ET AD FAVOREM dicti domini Roberti 
Gordon, suorum haeredum masculorum, et assignatorum quorum- 
cunque, sub modo, provisionibus, limitationibus, exceptionibus, et 
reservationibus respective quibus supra. ET ID pro novo hoc 
nostro haeditario infeofamento, per nos praefato domino Roberto 
Gordon, suis haeredibus masculis, et assignatis quibuscunque, 
desuper dando et concedendo simul universum erigendis, unien- 
dis, annexandis et incorporandis in unam plenam, integram, et 
liberam baroniam et regalitatem, in perpetuum, BARONIAM DE 
GORDON omni tempore a futuro nuncupandam, TENEN. DE NOBIS, 
haeredibus, et successoribus nostris, coronas regni nostri Scotiae 
successuris, in libera alba firma, pro solutione annuatim unius 
denarii usualis monetae dicti regni nostri, super fundo diet, terrarum 
et bondarum, vel alicujus partis earundem, ad festum nativitatis 
Domini, nomine albae firmae, si petatur tantum, cum dispensatione 
etiam non introitus earundem omnium terrarum, bondarum et 
baroniae, censuum, firmarum, proficuorum, et divoriarum earund. 
duran. eodem non introitu. ET INSUPER DE NOVO dedimus con- 
cessimus, et disposuimus, tenoreque praesentis cartae nostrae, pro 
nobis et successoribus nostris, ex nostra certa scientia, et proprio 
motu, cum avisamento, et consensu praedicto, pro diversis bonis et 
gratuitis servitiis, per praefatum dominum Robertum nobis prae- 
stitis et impensis, proque aliis gravibus causis, et bonis considera- 
tionibus, nos moventibus, DE NOVO damus, concedimus, et disponimus 
praefato domino Roberto, haedibus suis masculis, et assignatis, 
haereditarie in perpetuum, TOTAS ET INTEGRAS praedict. terras, 
bondas, molendina, silvas, piscationes, advocationem, donationem 
beneficiorum et capellaniarum, ac ecclesiarum, necnon jura patro- 
natus earund. fodinas, mineralia, metalla, pretiosos lapillos, cum 
potestate, privilegio, et jurisdictione justiciariae et vicecomitatus, 
in omnibus causis civilibus et criminalibus, curias, eschetas, amercia- 



THE CREATION OF A BARONET 77 

menta, curiarum exitus, lie outlawis, et omnes et singulas alias 
libertates, immunitates, licentias, custumas, casualitates, proficua, 
divorias, aliaque quaecunque particulariter seu generaliter supra 
specificat. quae nos pro nobis haeredibus et successoribus nostris, 
cum avisamento et consensu antedict. tenore praesentis cartae nostrae 
volumus, et reputamus tanquam in hac praesenti carta nostra speci- 
aliter et particulariter insinuata, repetita, inserta, et expressa, cum 
particularibus exceptionibus, limitationibus, et reservationibus respec- 
tive et specialiter supra script. ET DE NOVO erigimus, unimus, 
annexamus, et incorporamus, omnes et singulas praenominatas terras, 
bondas, molendina, silvas, piscationes, advocationem, et donationem 
beneficiorum, ecclesiarum, et capellaniarum, et jura patronatuum 
earund. fodinas, metalla, mineralia, margaritas, gemmas, officia, 
regalitatem justiciariam, vicecomitatum, libertates, licentias, privi- 
legia, immunitates, custumas, emolumenta, casualitates, dignitates, 
potestatem, jurisdictionem, et alia quaecunque generaliter et particu- 
lariter supra expressa, quae nos pro nobis et successoribus nostris, 
tanquam in hac praesenti carta nostra repetita, et particulariter 
inserta, tenemus, cum specialibus exceptionibus, et reservationibus 
particulariter supra mentionat. cum generalite in perpetuum dis- 
pensando, IN UNAM, INTEGRAM plenarium, et liberam baroniam 
et regalitatem de GORDON, TENEN. ET HABEN. praefato domino 
Roberto Gordon, suis haeredibus masculis et assignatis, DE NOBIS, 
et nostris coronas et regni nostri Scotiae successoribus in libera 
haereditate, unius baroniae et regalitatis in perpetuum, per omnes 
rectas metas suas antiquas, novas, et divisas, prout jacent in longi- 
tudine et latitudine, in domibus, aedificiis, boscis, planis, moris, 
maresiis, viis, semitis, aquis, stagnis, rivulis, pratis, pascuis, et 
pasturis, molendinis, multuris et eorum sequelis, aucupationibus 
venationibus, piscationibus, petariis, turbariis, carbonibus, car- 
bonariis, cuniculis, cuniculariis, columbis, columbariis, fabrilibus, 
brasinis, braseriis, et genistis, sylvis, nemoribus et virgultis, lignis, 
tignis, lapidiis, lapide et calce, cum curiis, et earum exitibus, here- 
zeldis, bludwetis et mulierum mercheris, cum communi pastura, 
libero introitu et exitu, et cum furca, fossa, soli sabthole, thaniae, 
vert wrak wair, veungsoun waiff, pitgalous, infangthief et out- 



78 A HISTORY OF THE BARONETAGE 

fangthief earund. Et cum omnibus aliis et singulis libertatibus 
commoditatibus, proficuis, asiamentis, privileges, praerogativis, digni- 
tatibus, et casualitatibus, per nos vel nostros praedecessores cuicun- 
que baroni majori vel minori infra dictum regnum Scotias antehac 
concessis, aliisque omnibus in dicto original! infeofamento desuper 
contentis, et quae nos, per nos metipsos vel quemcunque alium ex 
regiis nostris progenitoribus et antecessoribus, dedimus, concessimus, 
et disposuimus, vel virtute quarumcunque cartarum, infeofamen- 
torum, literarum patentium, donationum, et concessionum quibus- 
cunque ex nostris subditis cujuscunque qualitatis, status vel gradus, 
extiterint, vel quibuscunque societatibus, caetibus, vel aliis particu- 
laribus earundem membris, petentibus, ducentibus impetrantibus, 
acquirentibus, conquirentibus, aut protegentibus, quascunque ex- 
traneas terras vel colonias, dare, concedere, vel disponere poteruntis, 
SUB exceptionibus, reservationibus, et provisionibus specialit. supra 
mentionatis ; et tarn plena, libera, et ampla forma, et modo, quam 
eadem privilegia, libertates, commoditates, et immunitates, cum 
omnibus et singulis clausulis, conditionibus, et provisionibus easdem 
concernen. ad longum specialiter in hac praesenti carta nostra in- 
sinuata, inserta et comprehensa forent, una cum omni jure, titulo, 
interesse, jurisclameo, tarn petitorio quam possessorio, quae nos, 
nostri prasdecessores vel successores, habuimus, habemus, seu quovis 
modo habere, clamare, vel praetendere poterimus, ad easdem terras, 
vel ad census, firmas, proficua, et divorias earundem terrarum 
baroniae, aliorumque specialiter et generaliter supra mentionat. de 
quibuscunque annis et terminis praeteritis, pro quacunque causa 
seu occasione praeterita. Renunciando et quiete clamando eisdem, 
cum omni actione et instantia nobis inde competen. IN ET AD 
favorem praefati domini Roberti Gordon, suorum haeredum mas- 
culorum et assignatorum in perpetuum, tarn pro non solutione 
divoriarum in dicto originali infeofamento content, quam quod non 
fecerunt debitum homagium juxta tenorem ejusd. vel ob non 
puram plectionem cujuscunque articuli ejusdem originalis infeo- 
famenti, vel quod commiserunt aliquod factum, actum, omissum 
vel commissum, praejudiciale ejusd. vel unde originale infeofa- 
mentum infringi, impugnari, vel in quaestionem legitime trahi 



THE CREATION OF A BARONET 79 

quocunque moto poterit ; acquietando, et extra donando easdem 

simpliciter, cum omni actione quae nobis, nostris haeredibus vel 

successoribus quomodocunque inde competit, vel competere poterit ; 

et renunciando eisdem jure lite et causa, cum pacto de non petendo, 

ac cum supplemento omnium defectuum et imperfectionum tarn 

non nominat. quam nominat. quae tanquam pro re-express in hac 

praesenti carta nostra habere volumus. REDDENDO inde annuatim 

praefatus dominus Robertus Gordon, sui haeredes masculi, et assignati, 

nobis, nostris haeredibus, et dictae coronae et regni nostri Scotiae 

successoribus, praefatam albae firmae divoriam unius denarii usualis 

monetae dicti regni, super fundo diet, terrarum et baroniae ad dictum 

festum nativitatis Domini nostri, nomine albae firmae, si petatur 

tantum, pro omnibus aliis divoriis, servitiis, quaestione, seu demanda 

quae inde exigi, vel supra dictis terris et baronia imponi poterint ; 

ET QUIA dictae bondae et regnum Novae Scotiae tanto intervallo 

distant, et separantur ab antique regno nostro Scotiae, et quia idem 

regnum Novae Scotiae adhuc omnino destituitur notariis et tabelli- 

onibus publicis, pro authoritate danda sasinis et instrumentis con- 

ferendis de possession e ejusdem, necnon respectum habentes ad 

diversa et multifaria incommoda quae inde accedere poterint, in 

defectu debitae et tempestivae sasinae, vel sasinarum, super dicta 

carta, et similibus cartis et infeofamentis capiendarum de diet. 

terris et baronia praefato domino Roberto Gordon, suis haeredibus 

masculis et assignatis, dandis et concedendis, et quia dictum regnum 

Novae Scotiae et originale infeofamentum ejusd. de dicto antique 

regno Scotiae tenetur in capite, nuperque inventum, supervisum, 

extentum, et acquisitum fit, per praefatum dominum Willielmum 

Alexander, nostrum locum tenentum, ejusd. suis propriis impensis 

nativum dicti regni nostri Scotiae, et jam partum, plantatum et 

plantandum, cum colonis et nativis dicti regni nostri, et ob id 

appelatum, et nomen, stilum et titulum Novae Scotiae, juste pro- 

meren. unde fit ut idem regnum partem dicti regni nostri Scotiae 

jam reputari et existimari oporteat ; idcirco, cum avisamento 

anted ict. tenore praesentis cartae nostrae, decernimus, declaramus, 

et ordinamus, quod unica sasina, capienda apud castrum Edin- 

burgenum tanquam locum dicti regni nostri Scotiae maxime con- 



8o A HISTORY OF THE BARONETAGE 

spicuum et principalem, vel in arbitrio et optione dicti domini 
Roberti, suorumque praescript. capienda super fundo et baronia de 
GORDON, vel aliqua parte ejusdem, stabit, et sufficiens erit sasina 
omni tempore a future, pro totis et integris eisdem terris et baronia, 
vel aliqua earundem vel cujusdem parte seu portione ; penes quam 
dispensavimus, tenoreque praesentis cartae nostrae dispensamus in 
perpetuum ; et pro omnibus et singulis privilegiis, et aliis specialiter 
et generaliter supra mentionatis ; ET QUUM diet, terrae et -baroniae 
tenentur in libera alba firma, ut praemissum est, et cum in defectu 
tempestivi et legitimi introitus haeredis, seu haeredum masculorum, 
praefati domini Roberti Gordon, suorumque assignatorum, hujus- 
modi baroniae et aliis succeden. qui difficulter, debite, et debito 
tempore per ipsos fieri poterit, propter magnam distantiam earund. 
a dicto regno nostro Scotiae ; unde fieri possit, quod eadem baronia 
et bondae, ratione non introitus in nostras et successorum nostrorum 
manus cadant et deveniant, usque donee legitimus haeres, vel haeredes 
masculi et assignati dicti domini Roberti, legitime intraverint ad 
easdem, nos nullo modo volentes vel cogitantes quod diet, baronia et 
terrae aliquo tempore cadant in non introitum, nee etiam quod dictus 
dominus Robertus suique praescript. beneficio et commodis earund 
interea frustrabuntur ; IDCIRCO, cum avisamento antedict. pro nobis 
et successoribus nostris, dispensavimus, tenoreque praesentis cartae 
nostrae dispensamus cum dicto non-introitu ; omnino renunciando 
eidem, nee non exonerando, quiete clamando, et liberando praefatum 
dominum Robertum, suosque praescript, simpliciter ab eodem non-in- 
troitu, quandocunque diet, terrae et baronia in nostras, vel nostrorum 
haeredum et successorum, manus ratione non-introitus cadere vel 
devenire contigerint, cum censibus, firmis, proficuis, vel divoriis earund. 
et omni actione et instantia exinde competen. jure, lite, et causa 
simpliciter, quae desuper sequi poterint. PROVISO nihilominus, quod 
haeredes masculi praefati domini Roberti Gordon et sui assignati, 
infra spatium septem anuorum post decessum suorum praedeces- 
sorum, vel introitum eorum ad possessionem earund. terrarum et 
baroniae, facient homagium, pro eisd. per se ipsos, vel suos legitimos 
procuratores, in eum finem constitutes, habentes sufficientem potes- 
tatem ad id effectum, nobis et dictae coronas et regni Scotiae nostris 



THE CREATION OF A BARONET 81 

successoribus, et intrentur et recipientur per nos, nostrosque suc- 
cessores, ad easdem terras, baroniam, aliaque supra mentionat. modo 
prescript, quo casu haeres, vel haeredes masculi, dicti domini Roberti, 
suique assignati, habebunt, possidebunt, gaudebunt, et fruentur 
omnibus et singulis beneficiis et privilegiis earundem, una cum 
totis et integris eisdem terris et baronia, censibus, firmis, proficuis, 
et divoriis earundem, aliisque quibuscunque specialiter et generaliter 
supra mentionat. similiter et tarn libere quam dictus non introitus 
nunquam extitisset, vel in manus nostras revenisset. ET SIMILITER, 
quod si contigerit praefatum dominum Robertum, suosque praescript. 
in fata decedere ante sasinam, virtute praesentis cartae nostrae, vel 
suorum infeofamentorum desuper sequi captam, nos, cum consensu 
antedicto, pro nobis, et successoribus nostris tenore praesentis cartae 
nostrae, volumus, declaramus, et ordinamus, quod, non obstante 
dicto decessu similia praecepta de novo ex nostra cancellaria dicti 
regni Scotias dirigentur, si visum fuerit, pro infeofamento et sasina 
praefato domino Roberto, suis hasredibus masculis, et assignatis, 
danda juxta priora warranta et praecepta primo directa, vel in eum 
sinem dirigenda, de totis et integris praedictis terris, baronia, et aliis 
inibi content, eadem vi, forma, et modo quibus infeodari et investiri 
in eisdem antea debuerant et poterant. Ac ETIAM, si contigerit, 
(quod Deus prohibeat,) nos, vel nostros successores, morte prae- 
venire ante eandem sasinam vel sasinas, per praefatum dominum 
Robertum et suos praescript. capiendas ; eo casu, cum avisamento 
antedict. pro nobis, et nostris successoribus, volumus, et declaramus, 
quod non obstante, praecepta de dicta cancellaria dicti regni nostri 
dirigentur pro infeofamento et sasina praefato domino Roberto 
Gordon, suisque haeredibus masculis et assignatis, de eisdem terris, 
baronia, aliisque praedict. danda, eadem forma, vi, et modo quo 
praescripta et warranta sasinarum nunc diriguntur, vel dirigentur 
antea ad id effectum, eodem et simili modo, ac si infeofamenta et 
sasina earundem terrarum, baroniae, et aliorum supra script, vel 
alicujus partis earund. rite, debite, legitime, et via ordinaria, et 
tempore expedita, perfecta, et desuper capta fuissent. ET PRJE- 
TEREA, considerantes virtutem et industriam honoribus et praeemi- 
nentiis in primis promovendam, et exinde generosos spiritus ad 



82 A HISTORY OF THE BARONETAGE 

aggrediendum et prosequendum nobiles actiones et intentiones, 
autem etiam animari et mitigari, et quod omnis honoris et digni- 
tatis splendor, originem et incrementum habeat a rege, tanquam 
a primo fonte ejusdem, ad cujus altitudinem et praeeminentiam 
erigere et instituere novos honorum et dignitatum titulos proprie 
spectat, tanquam ab eo unde primatim honores, originaliter pro- 
manarunt et ex eo volentes nobilissimos nostros progenitores, et 
antecestores, et ejus memoria dignos imitari, qui habuerunt, et in 
usum redegerunt potestatem creandi, et erigendi novas dignitates 
et gradus inter subditos hujusmodi honoribus dignos ; NOS ex 
nostra regia potestate, et authoritate, ereximus, creavimus, loca- 
vimus constituimus et ordinavimus tenore praesentis cartae nostrae 
pro nobis, haeredibus et successoribus nostris, de speciali gratia, 
favore, certa scientia, proprio motu, et deliberate animo, cum 
avisamento et consensu antedict. facimus, erigimus, constituimus, 
creamus, et ordinamus quendam haereditarium statum, gradum 
nomen, ordinem, dignitatem, et stilum BARONETTI, nunc et omni 
tempore a future, infra dictum regnum nostrum Scotiae et regionem 
Novae Scotiae, habendum et gaudendum hujusmodi personis quas 
nos, nostri haeredes vel successores, in incrementum et propaga- 
tionem diet, plantationis, et aliter, pro dignitate et merito, facturi 
sumus baronettos et praelaturi hujusmodi gradibus et stylis : ED 
IDCIRCO, pro auxilio, ope, et assistentia per praefatum Robertum 
dominum Gordon praefata, et propagatione diet, plantationis hac- 
tenus exhibita, proque diversis aliis bonis et gratuitis servitiis, nobis 
per ipsum praestitis, et diversis aliis justis et gravibus causis et 
considerationibus nos moven. EREXIMUS, tenoreque praesentis 
cartae pro nobis, haeredibus et successoribus nostris, ex speciali 
gratia, favore, certa scientia, mero motu, et deliberato animo, 
cum avisamento et consilio antedict. erigimus, praeferimus, prae- 
ponimus, et creamus prsefatum DOMINUM ROBERTUM 
GORDON, SUOSQUE H^REDES MASCULOS QUOSCUNQUE, de tem- 
pore in tern pus omni tempore a future, IN ET AD praefatum hae- 
reditarium statum, gradum, ordinem, nomen, dignitatem et stilum 
BARONETTI, cum omnibus et singulis praerogativis, privilegiis, prae- 
cedentiis, conditionibus, et aliis specialiter et generaliter sub- 



THE CREATION OF A BARONET 83 

script. NEC NON fecimus, constituimus, et creavimus, tenoreque 
praesentis cartae nostrae facimus, constituimus, et creamus memo- 
ratum dominum Robertum Gordon, et suos haeredes masculos, 
haereditarie BARONETTOS in perpetuum, et ut habeant et gaudebunt 
omnibus et singulis praerogativis, privilegiis, et titulis et aliis parti- 
culariter et generaliter subscript, in eorum favorem conceptis ; et 
dedimus, concessimus, voluimus, ordinavimus, et declaravimus, 
tenoreque praesentis cartae nostrae pro nobis, haeredibus et succes- 
soribus nostris, ex speciali gratia, favore certa scientia, mero motu, 
et deliberato animo, cum avisamento et consensu antedict. Damus, 
concedimus, volumus, declaramus, et ordinamus quod dictus dominus 
Robertus Gordon, et sui haeredes masculi quicunque, de tempore in 
tempus, virtute praesentis cartae nostrae et dicti status, gradus, ordinis, 
dignitatis, et stili Baronetti sibi per praesentis cartae nostra tenorem 
concess. habebunt, tenebunt, capient, et gaudebunt omni tempore 
a futuro, diem datae praesentis cartae nostrae sequen. et infra dictum 
regnum nostrum Scotiae, et regionem Novae Scotiae, et alibi, locum, 
prioritatem, prteeminentiam, et pracedentiam in omnibus et quibuscunque 
commissionibus, brevibus^ liter is patentibus y appellationibus^ nomina- 
tionibus, et scriptio quibuscunque', et in omnibus et universis sessionibus, 
conventionibus, comitiis, synodis, et omnibus temporibus et occa- 
sionibus quibuscunque, ante omnes milites auratos hactenus factos 
et creates, aut quocunque tempore a futuro faciendos et creandos, et 
prae omnibus baronibus, lie Lairdis, armigeris lie Esquyris, et 
generosis quibuscunque, lie Gentilmen, excepto nostrum locum 
tenente, suisque haeredibus nostrum locum tenentibus, dicti regni 
Novae Scotiae, et non aliter, quorum uxores et liberi habebunt, et 
juxta gaudebunt simili loco et praecendentia (et exceptis hujusmodi 
militibus, bannerettis quos contigerit fieri, et in milites curatores 
designari per nos, nostros haeredes, vel successores, sub nostro vexillo, 
et in erecto signo lie standart, et displayit banner, in omnibus 
exercitibus regiis, in aperto bello, lie oppen warre, nobismet-ipsis 
personaliter praesentibus et non aliter, neque alio modo, et hoc 
durante tempore vitae dictorum militum bannerettorum tantum, et 
non diutius) et ante omnes baronettos quoscunque aliquo tempore a 
futuro per nos, nostros haeredes et successores, faciendos, et ante 



8 4 A HISTORY OF THE BARONETAGE 

suos haeredes et successores, tametsi contigerit alios baronettum vel 
baronettos in posterum per nos faciendos, et literas suas patentes 
dicti gradus, dignitatis, status, nominis, ordinis, tituli et stili baronetti 
sub ndstro magno sigillo dicti regni nostri Scotiae, perficere et 
expedire antequam praefatus dominus Robertus, suique haeredes 
masculi, absolvent et expedient hanc nostram cartam, nostro sub 
magno sigillo, non obstante aliqua lege, consuetudine, vel con- 
stitutione quacunque in contrarium. ET SIMILITER voluimus, 
concessimus, declaravimus, et ordinavimus, tenoreque praesentis 
cartae nostrae, pro nobis, haeredibus et successoribus nostris, cum 
avisamento et consensu antedict. de specialibus nostris gratia, favore, 
certa scientia, mero motu, et deliberate animo, volumus, concedimus, 
declaramus, constituimus, et ordinamus, quod uxor et nepotes dicti 
domini Roberti Gordon suorumque haeredum masculorum praescript. 
de tempore in tempus in perpetuum, virtute praesentis cartae nostrae, 
et dicti gradus, status, et dignitatis suorum maritorum, habebunt, 
tenebunt, capient, et gaudebunt omni tempore a future, loco^ prts- 
cedentla^ prioritate^ et praemlnentia^ tarn durante vita suorum 
maritorum quam ex inde durante sita vita, si contigerit ipsas diutius 
superstites, ante uxores omnium personarum quarumcunque pro 
quibus praefatus dominus Robertus, vel dicti sui haeredes masculi, 
debent vel poterint, virtute praesentis cartae nostrae, vel dicti gradus, 
status, dignitatis, nominis, ordinis, tituli vel stili baronetti, tenore 
praesentium concess. habere, tenere, capere, et gaudere loco, priori- 
tate, praecedentia, et praeeminentia, et ante uxores diet, militum 
bannerettorum prius except, propterea quod dictus gradus baronetti 
est haereditarius gradus sanguinis ; NEC NON quod filii et filiae 
respective dicti domini Roberti, et suorum haeredum masculorum, 
in perpetuum, virtute praesentis cartae nostrae, et diet, dignitatis 
baronetti praesentibus concess. praefato domino Roberto, suisque 
haeredibus masculis, habebunt, tenebunt, capient, et gaudebunt loco, 
prioritate, praecedentia, et praeeminentia prae filiis et filiabus re- 
spective omnium personarum prae quibus praefatus dominus Robertus, 
vel sui haeredes masculi, locum capere, et praecedentium poterint, 
vel debent, vel virtute praesentis cartae nostrae, vel dicti gradus, et 
stili baronetti ipsis praesentibus concess. prae filiis militum, banneret- 



THE CREATION OF A BARONET 85 

torum prius except. ET SIMILITER, quod uxores, filiorum dicti 
domini Roberti, suorumque haeredum masculorum, omni tempore a 
future respective habebunt, tenebunt, capient, et gaudebunt loco, 
prioritate, et praecedentia ante uxores omnium personarum quarum- 
cunque, prae quibus ipsarum mariti locum capere poterint, vel debent; 
idque tam durante vita ipsorum maritorum quam postea. INSUPER, 
ex specialibus nostris gratia, favore, certa scientia, mero motu, et 
animo deliberate, tenore praesentis cartae nostrae pro nobis, haeredibus, 
et successoribus nostris, cum avisamento antedict. volumus, conce- 
dimus, ordinamus, declamus, et promittimus quod quocunque tem- 
pore, et quam primum filius natu maximus, et apparens haeres 
masculus dicti domini Roberti, vel filius natu proximus, aut haeres 
apparens masculus quorumcunque haeredum masculorum ipsi suc- 
ceden. venerint ad aetatem viginti unius annorum, quod ipse, et unus- 
quisque eorum respective, per nos, haeredes et successores nostros, 
milities lie KNIGHTS inaugurabuntur, quandocunque ipsi, vel 
eorum aliquis, hujusmodi ordinem requisiverint, absque solutione 
mercedum et expensarum quarumcunque, et quod dictus dominus 
Robertus, et sui haeredes masculi praescript. habebunt, et habere et 
gerere in perpetuum dehinc poterint, vel in paludamentis, vulgo lie 
canton in thair coit of armis, vel in scutis, vulgo lie scutcheons, pro 
eorum arbitrio, arma regni Novae Scotiae nimirum. Et quod dictus 
dominus Robertus, haeredesque sui masculi praescript. ex tempore in 
tempus in perpetuum habebunt locum, omni tempore a futuro, in 
omnibus exercitibus nostris, haeredum et successorum nostrorum 
in acie, vulgo lie crosse, prope et juxta vexillum nostrum regium, 
vulgo neir about our royal standart, nostrorum haeredum et succes- 
sorum, pro defensione ejusdem, et quod dictus dominus Robertus, 
suique haeredes masculi praescript. in perpetuum habeant et habebunt 
omni tempore a futuro, duos assistentes seu asseclas sui corporis, 
vulgo twa assistents of his body, ad supportandum volamen, lie peill, 
et principalem lugentem, et sibi quatuor assistentes in suis funeribus. 
ET QUOD dictus dominus Robertus, suique haeredes masculi respective, 
in perpetuum omni tempore a futuro, nominabuntur, vocabuntur, 
et designabuntur, nomine BARONETTI, et quod omni vulgari 
sermone Scotiae et scriptis hac additis (SIR) et in omnibus aliis 



86 A HISTORY OF THE BARONETAGE 

linguis, sermonibus, et scriptis similia signativa verba nominibus 
respective died domini Roberti, et suorum haeredum masculorum 
respective in perpetuum praemittentur. ET QUOD dictus stilus, et 
titulus Baronetti fini ipsorum cognominum apponetur et subjicietur 
in omnibus et singulis nostris, et successorum nostrorum literis 
patentibus, et in omnibus et singulis aliis literis, scriptis, et cards 
quibuscunque, tanquam vera legitima, et necessaria dignitatis additio. 
ED QUOD inde praefatus dominus Robertus nunc, et omnibus tem- 
poribus futuris nominabitur, vocabitur et intitulabitur, DOMINUS 
ROBERTUS GORDON BARONETTUS ; Ac ETIAM quod 
uxor et uxores dicti domini Roberti, suorumque haeredum mascu- 
lorum respective, in perpetuum habebunt, tenebunt, fruentur, et 
possidebunt, omni tempore a future, stilum, titulum, et appella- 
tionem dominae, vulgo MADAM ET DAME respective, juxta usum et 
phrasim in sermonibus et scriptis ; ET PR^ETEREA, ex nostra speciali 
gratia, favore, certa scientia, mero motu, animoque deliberate, 
ordinavimus, et promisimus, tenoreque praesentis cartae nostrae pro 
nobis, haeredibus et successoribus nostris, cum avisamento et con- 
sensu antedict. damus, concedimus, ordinamus, declaramus, et pro- 
mittimus praefato domino Roberto, et suis haeredibus masculis 
respective in perpetuum, quod numerus baronettorum, tarn infra 
regnum nostrum Scotiae quam regionem Novae Scotiae, nunquam 
pro praesenti, vel aliquo tempore a future, excedet, vel augebitur 
in totum ultra numerum centum et quinquaginta baronettorum : 
NEC NON ex speciali nostra gratia, favore, certa scientia, mero 
motu, animoque deliberate, dedimus, concessimus, declaravimus, 
ordinavimus et promisimus, tenoreque praesentis cartae nostrae 
pro nobis, haeredibus et successoribus nostris, cum avisamento 
et consensu antedict. damus, concedimus, ordinamus, declara- 
mus, et promittimus praefato domino Roberto, haeredibus suis 
masculis respective in perpetuum, quod neque nos, haeredes vel 
successores nostri, erigemus, vel nunc, aut aliquo tempore a 
futuro, erecturi, facturi, creaturi, vel constituturi sumus aliquas 
alias dignitates, gradus, status, ordines, titulos, vel stiles; nee 
dabimus, concedemus, permittemus, ordinabimus, vel constituents 
locum, prioritatem, vel praecedentiam aliquibus personis quibus- 



THE CREATION OF A BARONET 87 

cunque sub vel infra stilum et gradum domini parliament! dicti 
regni nostri Scotiae altiorem, priorem, vel parem dicto gradui, ordini, 
titulo, vel stilo baronetti per nos praefato domino Roberto, suis 
haeredibus masculis respective, tenore praesentis cartae, dat. concess. 
et ordinat. et quod dictus dominus Robertus, suique haeredes masculi 
respective habebunt, et omni tempore a future libere et quiete 
habere, tenere et possidere poterint, omnes et singulas praedictas 
suas dignitates, loca, praecedentias, praerogativa, privilegia, ante et 
prae omnibus aliis personis quibuscunque factis, vel faciendis, creandis, 
vel constituendis, in aliquo tali gradu, gradibus, statibus, ordinibus, 
titulis, vel stilis, vel cui aliquis hujusmodi locus vel praecedentia 
datur, dabitur, aut concedetur. ET QUOD uxores, filii, filiae, filio- 
rumque uxores dicti domini Roberti, et sui haeredes masculi, 
respective omni tempore a future dicta sua loca, prioritates, et 
praerogativa juxta et convenienter exinde habebunt, tenebunt, et 
possidebunt. Et praeterea, si quae dubitatio vel quaestio, praesentibus 
non enodata, oriatur de aliquo loco, praecedentia, vel praerogativa 
praefato domino Roberto suisque haeredibus masculis, uxoribus, filiis, 
filiabus, vel filiorum uxoribus respective, vel alicui eorum quocunque 
tempore a future debita, quod hujusmodi dubitationes et quaestiones 
determinabuntur et decidentur usu et praxi consuetudinis et legis, 
prout aliae graduum haereditariae dignitates ordinantur et diriguntur 
de loco, praerogativa, et praecedentia. ET ULTERIUS, quod nulla per- 
sona, seu personae quaecunque, aliquo tempore a future fient baronetti 
Scotiae, vel regni Novae Scotiae, vel praeferentur dicto gradui, statui, 
dignitati, nomini, ordini, titulo, vel stilo baronetti per nos, haeredes 
vel successores nostros, nisi qui prime perficient et perimplebunt con- 
ditiones, per nos pro bone et propagatione plantationis Novae Scotiae 
constitut. et manifestabunt easdem nobis, et commissionariis per 
dictum nostrum locum tenentem constituendis. ET PR^ETEREA, 
quod praesentes sunt et erunt validae, sufficientes, et efficientes omni 
tempore a future, omnibus suis punctis, ut praemissum est, praefato 
domino Roberto, et suis haeredibus masculis respective, in omne 
aevum, et suis uxoribus, filiis, filiabus, et filiorum uxoribus respective, 
et eorum singulis de jure, contra nos, haeredes et successores nostros, 
et contra omnes alias personas quascunque in omnibus nostris, 



88 A HISTORY OF THE BARONETAGE 

haeredum, et successorum nostrorum curiis, et omnibus aliis locis 
quibuscunque, omnibus temporibus et occasionibus, non obstante 
quocunque jure, consuetudine, praescriptione, praxi, ordinatione, 
seu constitutione hactenus fact, ordinat. vel publicat. vel in posterum 
quocunque tempore faciend. ordinand. et publicand. ordinat. vel 
proviso, et non obstante aliqua alia materia, causa, vel occasione 
quacunque. INSURER, pro munificis et amplis auxiliis, et impensis 
nobis hactenus praestitis per praefatum dominum Robertum Gordon, 
pro auxilio et propagatione dictae plantationis Novae Scotiae, ordi- 
navimus hanc cartam nostram, absque aliquo sine vel compositione 
nobis, vel nostro thesaurario vel deputato solvenda, perficiendam et 
expediendam. ET PROPTEREA, tenore praesentis cartae nostrae ordi- 
namus, et declaramus, quod nee nunc, nee aliquo tempore praeterito, 
diem datae praesentis cartae nostrae praeceden. fecimus, nee creavimus 
aliquos barones vel baronettos, nee praetulimus aliquam personam, 
vel personas, dicto statui, gradui, dignitati, nomini, ordini, titulo, 
vel stilo baronetti, exceptis praefato domino Roberto Gordon, et 
domino Alexandro Strachan de Thornetoun milite. Et quod 
dedimus locum, prioritatem, praecedentiam, praeeminentiam inter 
ipsos duos, praefato domino Roberto Gordon militi. ET PR^TEREA, 
per praesentis cartae nostrae tenorem, declaramus, quod nee fecimus, 
nee creavimus aliquem baronettum, vel baronettos quoscunque, nee 
praetulimus aliquam personam vel personas quascunque dicto statui, 
gradui, nomini, ordini, titulo, seu stilo baronetti, prae velante prae- 
fatum dominum Robertum Gordon, infra dictum regnum nostrum 
Scotiae. POSTREMO, nos, pro nobis, et successoribus nostris, cum 
avisamento et consensu antedict. volumus, decernimus, declaramus, 
et ordinamus praesentem hanc nostram cartam, cum omnibus et 
singulis privilegiis, libertatibus, clausulis, articulis, et conditionibus 
antedict. in proximo nostro parliamento dicti regni nostri Scotiae. 
vel aliquo alio parliamento ejusdem deinceps celebrand. pro arbitrio 
dicti domini Roberti Gordon, suorumque haeredum masculorum, 
ratificandum, approbandum, et confirmandam ; et ut habeat robur, 
vim, et effectum decreti et sententiae illius supremi et praeeminentis 
judicii, penes quam nos pro nobis, et successoribus nostris, volumus 
et declaramus hanc nostram cartam et clausulas inibi content. 



THE CREATION OF A BARONET 89 

ad hunc effectum, sufficiens fore warrantum ; promittend. in 
verbo principis idem fore perficiendum. INSUPER dilectis nostris, 
etc., et vestrum cuilibet, conjunctim et divisim, vicecomitatibus 
nostris in hac parte specialiter constitutis, salutem. VOBIS prae- 
cipimus et mandamus, quatenus praefato domino Roberto Gordon, 
vel suo certo actornato, latori praesentium, sasinam totarum et 
integrarum praedict. terrarum et baroniae de GORDOUN, 
cum omnibus et singulis partibus, pendiculis, privilegiis, liber- 
tatibus, commoditatibus, licentiis, et immunitatibus iisdem spectan. 
seu spectare valen. et aliorum quorumcunque specialiter et 
generaliter supra mentionat. quam quidem sasinam, cum avisa- 
mento et consensu antedict. pro nobis, haeredibus et successoribus 
nostris, tenore praesentis cartae nostrae volumus, declaramus, et 
ordinamus tarn fore legitimum et sufficientem quam si praecepta 
sasina separatim et ordinarie ex nostra cancellaria ad id effectum 
super dicta carta fuissent directa ; penes quam, cum avisamento 
antedict. pro nobis, nostris haeredibus et successoribus, dispensavimus, 
tenoreque praesentis cartae nostrae dispensamus in perpetuum. IN 
cujus REI TESTIMONIUM huic praesenti cartae magnum sigillum 
nostrum apponi praecipimus, TESTIBUS praedilectis nostris con- 
sanguineis et consiliariis, Jacobo marchione de Hamilton, comite 
Araniae et Cambridge, domino Aven et Innerdail, Gulielmo Maris- 
chall comite, domino Keyth, regni nostri marescallo, praedilecto 
nostro consiliario, domino Georgio Hay de Kinfauns milite, nostro 
cancellario, et praedilecto nostro consanguineo et consiliario, Thoma 
comite de Melrose nostro secretario, dilectis nostris familiaribus 
consiliariis, dominis Ricardo Cockburn de Clerkingtoun, nostri 
secreti sigilli custode, Johanne Hamilton de Magdalenis, nostrorum 
rotulorum registro ac consilii clerico, Georgio Elphingston de 
Blythiswood nostrae justiciariae clerico, et Johanne Scot de Scottis- 
tarvet, nostrae cancellariae directore, militibus. APUD QUHYTHALL, 
vigesimo octavo die mewsis Maii, anno Domini millesimo sexcen- 
tesimo vigesimo quinto, regnique nostri anno primo. 

It will have been observed that in the Patents of which 
examples have been given, the dignity has been conferred 



90 A HISTORY OF THE BARONETAGE 

on each recipient for life, and to the heirs male of his body 
lawfully begotten ; but there are many cases of their being 
granted with special remainders, of which the following are 
sufficient examples : 

<29th May 1619. Sir William Hervy for life with reversion to his 
son William Hervy, Esq., and the heirs male of his body ; remainder 
to any other heirs male of the body of the said William the father, 
and the heirs male of their bodies. 

c 9th February 1 639. Sir Edward Tyrrell to hold the dignity for 
life with remainder to his son Tobias Tyrrell, Esq. in tail male, 
remainder to Francis Tyrrell another son in tail mail remainder to 
the heirs male of the body of the said Edward in tail male. 

*nth August 1660. Sir William Wheeler with remainder to 
Charles Wheeler Cousin to the said Sir William and the heirs of the 
said Charles. 

C 5th May 1670. Sir George Stonehouse for life (having sur- 
rendered his former Patent by a fine) with remainder to John 
Stonehouse his second son and to the heirs male of his body ; and 
for lack of such issue to James his third son, etc. with precedency to 
him and his said sons according to the first Patent dated 7 May 
1628. 

C 22nd April 1678. Sir Francis Edwards "and to the heirs male 
of his body, with remainder to Thomas, Benjamin, Herbert and 
Jonathan, and the heirs male of their bodies,' etc. and a special clause 
for precedency before all Baronets created after the year 1644. 

C i8th May 1678. Sir James Bowyer Grandson and heir to Sir 
Thomas Bowyer Baronet (created 23 July 3 Car. I.) surrendering 
his Patent had now a new creation to that dignity, for life only, the 
remainder to Henry Goring of Highden in the same County, 
Esquire and to the heirs male of his body with the same precedency 
as the said Sir Thomas Bowyer enjoyed. 

<29th June 1682. Sir Cornelius Gans of the Netherlands, with 
remainder to Stephen Groubart and his heirs. 

C 3ist January 1700. Sir Nicholas Van-Acker with remainder to 
his brother John Van- Acker and Sir Jeremy Sambrooke, Knight. 



THE CREATION OF A BARONET 91 

*4th May 1725. Sir Henry Fermor, with remainder to Charles 
Eversfield, Junior. 

c iyth January 1748. Sir Edward Lawrence with remainder to 
his Nephew Isaac Woolaston Esquire. 

<3rd May 1774. Sir Richard Clayton. In default of issue-male, 
to the heirs male of John Clayton Esquire ; his late father, deceased, 
and their heirs male. 

C 3rd May 1774. Sir Charles Raymond. In default of issue-male 
to William Burrell Esquire of Beckenham, in Kent, and his heirs- 
male by Sophia his wife daughter of the said Charles Raymond.' 

It will be noticed that in some of the above examples 
there is also a special clause giving precedency. To these 
examples may be added the following, which appear to be 
very special and unusual : 

<22nd June 1631. Sir Charles Vavasor with an especial clause of 
precedency, viz., to take place next below Sir Thomas Moulson of 
Carleton in com. Line. Baronet and next above Sir George Greseley 
of Drakelow in com. Derb. Baronet created 29 June 1611. 

C 8th May 1674. Sir Arthur Onslow in reversion after death of 
his father-in-law Sir Thomas Foote without issue male (who was 
created 21 November 1660) and with the same precedency.' 

The Patent of Sir Benjamin Wright, dated 7th February 
1645, was afterwards superseded by the King's Royal 
Warrant. During the troublous times of Charles i. many 
of his Patents were dated abroad ; for example, that of Sir 
Richard Browne was dated at St. Germains in France, 
ist September 1649, as was also that of Sir Richard Forster, 
dated i8th September 1649, and others, while that of Sir 
Arthur Slingsby was dated at Bruges, I9th October 1657. 

Two instances are recorded of ladies receiving the dignity. 
In 1635 Dame Mary Bolles and her heirs whatever were 



92 A HISTORY OF THE BARONETAGE 

created Baronets of Scotland, and had a grant of eighteen 
miles square of land in Nova Scotia. Charles i. ordained 
that she should be designed Lady, Madam, or Dame before 
her surname ; and that she should have rank amongst the 
ladies of the Baronets, according to the date of her Patent. 
Another instance is the mother of General Cornelius Spell- 
man, said to have been created by James n. as a Baronettess 
of England. 

The following instance of the grant of a Baronet's Patent 
to a Corporation, and the proposed sale of the Patent, taken 
from the Gentleman s Magazine, vol. lix. p. 423, may be of 
interest : 

<2i May 1789. In the minute books of the Scotish Corpora- 
tion in Crane-court, occurs the following entry, which I transcribe 
for you as an historical curiosity ; wishing at the same time to learn 
whether any and what consequences arose from the grant : 

"Monday, April 16, 1688. At a court of this Corporation then 
held, Ordered, that the Knights Baronet's patent of England, 
granted by his Majesty in favour of the Corporation, be exposed to 
sale at 500 guineas, and not under, the Corporation being at all 
reasonable charges ; and the two Scots patents at 300 each 5 with 
full power to John Renny, John Alexander, John Hay, and Sir 
Andrew Forrester, any two of which, with the Master, to be a 
quorum, to treat and dispose of the same accordingly." ' 

As the minutes of the Scottish Corporation relating to 
this period have all been destroyed by a fire, the result of 
this ' Order ' cannot be given. 

Sir Maurice Fenton, Knight of Mitchelstowne, whose 
Patent is dated Dublin, 22nd July 1661, appears to have 
been previously created by Oliver Cromwell by Privy Seal, 



THE CREATION OF A BARONET 



93 



Whitehall, 25th May 1658, Patent, Dublin, I4th July 1658, 
with this preamble : c Whereas, we having taken in our 
consideration the faithful services performed unto us by 
our trusty and well-beloved Maurice Fenton, esq ; we are 
now pleased to confer some such especial mark of our 
favour upon him for the same, as shall not only be an 
honour to him during his own life, but descending by 
course of inheritance to his posterity, and that may give 
them cause seriously to imitate him in those virtuous 
courses, for which he has found so gracious an acceptance 
in our sight/ 

The following is the Commission of James i. touching 
the creation of Baronets, the Instructions annexed thereto, 
and the Commission respecting the Oath to be taken by 
each Baronet that he had not given any consideration for 
the acquisition of the Degree beyond the State service 
required : 

BY THE KING. 

' His MAJESTIES COMMISSION TO all the Lords, and others of the 
Privie Councell, touching the Creation of Baronets. 

'JAMES by the Grace of God, King of ENGLAND, SCOTLAND, 
FRANCE, and IRELAND, Defender of the Faith, etc. To Our right 
trustie, and right well beloved Councellour, THOMAS Lord Elles- 
mere, Lord Chancellour of ENGLAND, And to Our right trustie, 
and right well-beloved Cousins and Councellors, ROBERT Earle of 
Salisburie, Lord High Treasurer of ENGLAND, Henry Earle 
of Northampton, Lord Keeper of our Privie Scale, Ladouike Duke 
of Lenox, Charles Earle of Nottingham, Our high Admirall of 
England, Thomas Earle of Suffolke, Lord Chamberlaine of Our 
Houshold, Gilbert Earl of Shrewsbury, Justice in Eire beyond 
Trent Northward, Edward Earle of Worcester, Master of Our 



94 A HISTORY OF THE BARONETAGE 

Horse, Thomas Earle of Excester, John Earle of Marre, Alexander 
Earle of Dunfermyline, And to Our right trusty, and right wel- 
beloved Councellours, Thomas Lord Viscount Fenton, Edward 
Lord Zouche, William Lord Knolles, Treasurer of Our Houshold, 
Edward Lord Wotton Comptroller of Our Houshold, John Lord 
Stanhope, Vice-Chamberlaine of our Houshold, And to Our trustie, 
and right well beloved Councellours, Sir John Herbert Knight, 
Our second Secretarie of State, Sir Julius Caesar Knight, Chan- 
cellour and Under-Treasurer of Our Exchequer, and Sir Thomas 
Parrie Knight, Chancellour of Our Dutchie of Lancaster, Greeting. 
c Whereas divers principall Knights, and Esquires of Sundry parts 
of this Our Realme, mooved with zeale and affection to further the 
Plantation of Ulster, and other like Services in our Realme of IRE- 
LAND, have offered and agreed, every of them to maintaine thirtie 
Footmen Souldiers in the same Our Realme, at their owne proper 
costs and charges, after the rate of eightpence apiece by the day 
sterling, during the space of three yeeres now next ensuing, (By 
the imitation of which example that good worke, whereupon the 
establishment of Religion and Civility, in place ,of blindnesse and 
barbarisme doeth so much depend, is likely to be so much advanced 
and supported, as no reasonable meanes would be forborne, that may 
cherish and encourage such an endeavour) Wee have been pleased, 
as an Argreement of Our Gracious acceptation of so remarkeable 
a Service, not only to bestow upon them a dignitie newly erected 
and created by Us, answerable to their Estate and Merit, (which 
Wee have stiled by the name of BARONET, with divers Priviledges 
annexed thereunto, And the same have granted by Letters Patents to 
them, and the Heirs males of their bodies, to the end the memory 
thereof may remaine to them and their Posteritie) But are deter- 
mined to doe the like also to some such other selected persons, as 
shall concurre in the same intentions, not exceeding a convenient 
number : And therefore although Wee could not (in reason) forbeare 
to begin and conclude with some principall Persons of especiall Note 
and Qualitie, that first discovered their good affections in this kinde, 
before Wee had made any publique Declaration of Our certaine 
Resolution to proceed further, yet when We enter into consideration, 




THE CREATION OF A BARONET 95 

that there may be divers other Knights and Esquires of all parts of 
this Our Realme, that are capable of this Dignitie (respecting their 
Estate and Qualitie) and in whom there would be found a like 
affection to the said Service, if they could take notice of this course 
so soone as others, that are not so remote in their habitations, We 
have thought fit hereby, aswell to notifie our Pleasure to receive 
a convenient number of this Dignity, as to Warrant and Authorise 
you (when any that are moved with the same Affections to the 
Publique good, and are otherwise qualified as is fit, shall repaire 
unto you within the time limited for this our Commission) to treat 
and conclude with them in manner and forme as you have done 
with others, and according to those Instructions, which for your 
better direction in a matter of this consequence, Wee have annexed 
to this Commission. KNOW yee therefore, that Wee have appointed 
you to be our Commissioners, and Wee doe by these Presents give 
and grant unto you all, or unto any eight or more of you, (whereof 
you the said Lord Chancellor, or Lord Treasurer, to be alwayes 
one, And you the said Lord Privie Scale, Duke of Lenox, Earle 
of Nottingham Our Admirall, Earle of Suffolke our Chamberlaine, 
and Earle of Worcester Master of Our Horse, to be alwayes two ; 
who are so much the more able to judge of mens blood and anti- 
quitie, in regard you are Commissioners in the Office of Earle 
Marshall) full, free, and lawfull Power and Authoritie, to commune 
and treat with any of Our loving Subjects, whom you shall finde 
willing to give such pay and entertainment to such number of 
footmen as is aforesaid, to be imployed in the said service, and for 
such time as aforesaid, And thereupon to informe your selves of 
their family, living, and reputation, And such and so many of the 
said persons, as you or any such eight or more of you (as is afore- 
said) shall find and approove to bee in all the respects aforesaid 
worthy such Degree, (not exceeding the number of two hundred, 
which We have covenanted in our Patents shall not be exceeded, 
but suffered to diminish as their Issue shall faile) to cause every 
one of them for himself to make Payment, or to give good and 
sufficient Assurance for the due answering of so much, as shall be 
sufficient for maintenance of thirtie Souldiers footmen, after the 



96 A HISTORY OF THE BARONETAGE 

rate of eight pence apiece by the day for the terme of three yeeres, 
as is aforesaid, And thereupon to give Warrant and Direction under 
any such eight or more of your hands, as is aforesaid, unto our 
Attourney, or Sollicitor general!, for the drawing up of several 
Bills and Grants to passe from Us unto all, and every such person 
and persons, as shall be so approoved by you, or any such eight or 
more of you, as is aforesaid, for the making and creating of every 
such person Baronet, with all priviledges of Precedencie, Place, 
Title, and all other things thereunto belonging, according to the 
forme hereunto annexed, And these Presents, together with such 
Warrant & Direction of you, or any such eight or more of you, 
as is aforesaid, shalbe from time to time to Our said Attourney, and 
Sollicitor Generall for the time being, sufficient Warrant for the 
drawing up, and subscribing of every such Bill or Graunt to passe 
from Us, according to the true meaning of these Presents And 
our Will and Pleasure is, that Our Attourney, or Sollicitor Generall 
shall draw, Ingrosse, and subscribe the Bills and Grants to be made 
of the said dignitie of Baronet, according to the Directions and 
Warrants by you, or any such eight or more of you as is aforesaid, 
And the said Bills and Grants so drawen, Ingrossed and subscribed 
with the hands of Our Attourney or Sollicitor Generall, or either 
of them, shall be a sufficient Warrant and Discharge to you Our 
said Commissioners, to subscribe likewise the said Bills or Grants 
with the hands of any such eight or more of you, as aforesaid. 

* And furthermore, for the more easie and speedy passing of the 
Grants and Letters Patents to be made of the said Dignitie, Wee 
are pleased and contented, and by these Presents for Us, Our 
Heires & Successors, Wee doe grant, ordaine and appoint that the 
Bills for such Patents prepared by our said Attourney, or Sollicitor 
as aforesaid, and signed with the hands of you, or any such eight 
or more of you, as is aforesaid, shall be a sufficient and immediate 
Warrant to the Lord Chancellour of England, or Lord Keeper of 
the great Scale of England for the time being, to passe the same 
Grants and Letters Patents under the Create Scale of England, 
without any other or further Warrant from Us to be had or obtained 
in that behalfe. And this Our Commission, Wee have made to 



THE CREATION OF A BARONET 97 

continue till the sixt day of July next comming after the date 
hereof, and then to cease and determine. In witnesse whereof, &c., 
Witnesse, &c. 

c By THE KING 

C THE INSTRUCTIONS within mentioned to be observed by Our 
Commissioners within named. 

c Forasmuch as Wee have bene pleased to authorize you to Treate 
and conclude with a certaine number of Knights and Esquires, as 
they shall present themselves unto you with such offers of assistance 
for the service of Ireland, and under such Conditions as are con- 
tained in these Presents, wherein We doe repose great trust and 
confidence in your discretions and integrities, knowing well that 
in such cases, there are so many circumstances incident, as require 
a choice care and consideration. Wee doe hereby require you to 
take such course as may make known abroad both our purpose, and 
the Authoritie given unto you, that by the more publique notice 
thereof those persons who are disposed to advance so good a worke, 
may in time understand where, and to whom to addresse them- 
selves for the same ; For which purpose We require you to appoint 
some certaine place and times for their Accesse : which We thinke 
fittest to be at the Councel Chamber at WHITEHALL, upon Wed- 
nesdayes and Fridayes in the afternoone, where you shall make 
knowen to them (as they come) that those who desire to bee 
admitted into the dignitie of Baronets, must maintaine the number 
of thirtie foote-Souldiers in Ireland, for three yeeres, after the rate 
of eightpence sterling Money of ENGLAND by the day ; And the 
wages of one whole yeere to be payed into Our Receipt, upon the 
passing of the Patent. 

* Provided Alwayes, that you proceed with none, except it shall 
appeare unto you upon good proofe, that they are men for qualitie, 
state of living, and good reputation worthy of the same ; And that 
they are at the least descended of a grandfather by the fathers side 
that bare Armes, And have also of certaine yeerely revenue in Lands 
of inheritance, in possession, one Thousand pounds per Annum de 
claro ; Or lands of the old Rent, as good (in accompt) as one Thou- 
sand pounds per Annum of improved Rents, Or at the least two 

G 



98 A HISTORY OF THE BARONETAGE 

parts in three parts to be divided of Lands, to the said values in 
possession, and the other third part in reversion, expectant upon one 
life only, holding by Dower, or in Joynture. 

c And for the Order to be observed in ranking those, that shall 
receive, the dignitie of a Baronet, although it is to be wished that 
those Knights, which have now place before the Knights (in respect 
of the time of their Creation) may be ranked before others (Caeteris 
paribus), yet because this is a Dignitie, which shall bee Hereditarie, 
wherein divers circumstances are more considerable, then suche a 
Marke as is but Temporarie, (that is to say of being now a Knight, 
in time before another) Our pleasure is, you shall not bee so precise, 
in placing those that shall receive this Dignitie, but than are Esquire 
of great antiquitie, and extraordinary living, may be ranked in this 
choise before some Knights. And so (of Knights) a man of greater 
living, more Remarkeable for his house, yeeres, or calling in the 
Commonwealth, may bee now preferred in this Degree, before one 
that was made a Knight before him. 

c Next, because there is nothing of Honour, or of value, which 
is knowen to be sought or desired (bee the Motives never so good) 
but may receive scandall from some, who (wanting the same good 
affection to the publique) or being in other considerations incapable 
can be contented out of envie to those that are so preferred, to cast 
aspersions, and imputations upon them ; As if they came by this 
dignitie for any other consideration, but that which concerneth this 
so publique and memorable a worke, You shall take order, That the 
party, who shall receive this dignitie, may take his Oath, that 
neither he (nor any for him) hath directly or indirectly given any 
more for attayning the degree, or any precedence in it, than that 
which is necessary for the maintenance of the number of Souldiers, 
in such sort, as aforesaid, saving the charges of passing his Patent. 

* And because We are not ignorant, that in the distribution of all 
Honours, most men will be desirous to attaine to so high a place as 
they may, in the Judgement whereof (being matter of dignitie) there 
cannot be too great caution used to avoyd the interruption, that 
private partialities may breed in so worthy a Competition. 

c Forasmuch as it is well knowen, that it can concerne no other 



THE CREATION OF A BARONET 99 

person so much to prevent all such inconveniences, as it must doe 
Ourselfe, from whom all Honour and dignitie, (either Temporarie, 
or Hereditarie) hath his only roote and beginning, You shall publish 
and declare to all, whom it may concerne, That for the better 
warrant of your owne Actions, in this matter of PRECEDENCIE, 
(wherein Wee finde you so desirous to avoyd all just exceptions) 
Wee are determined upon view of all those Patents, which shall be 
subscribed by you, before the same passe Our great Scale, to take 
especiall care upon Us, to order and ranke every man in his due 
place ; And therein alwayes to use the particular counsell and advise, 
that you Our Commissioners shall give Us, of whose integritie and 
circumspection, Wee have so good experience, and are so well 
perswaded, as Wee assure Our selfe, you will use all the best meanes 
you may to enforme your owne Judgements in cases doubtfull, before 
you deliver Us any such opinion as may leade Us in a case of this 
Nature, wherein Our intention is (by due consideration of all 
necessary circumstances) to give every man that satisfaction, which 
standeth with Honour and Reason. 

'Lastly, having now directed you, how, and with what caution 
you are to entertaine the Offers of such as shall present themselves 
for this dignitie, Wee doe also require you to observe these two 
things, The one, That every such person as shalbe admitted, doe 
enter into sufficient Bond or Recognizance, to Our use, for the 
payment of that portion, which shall be remayning after the first 
payment is made, Which you are to see payd, upon delivery of the 
Letters Patents ; The other, That seeing this Contribution for so 
publique an Action, is the motive of this dignitie, And that the 
greatest good which may be expected upon this Plantation will 
depend upon the certaine payment of those Forces, which shall be 
fit to bee maintained in that Kingdome, untill the same bee well 
established, the charge whereof will bee borne with the greater 
difficultie, if We be not eased by some such extraordinary meanes j 
We require you Our Treasurer of England, so to order this Receipt, 
as no part thereof bee mixed with Our other Treasure, but kept 
apart by itselfe, to be wholely converted to that use, to which it is 
given, and entended ; And in regard thereof, that you assigne it to 



ioo A HISTORY OF THE BARONETAGE 

be received, and the Bonds to be kept by some such particular 
person, as you shall thinke good to appoint, who upon the payment 
of every severall portion, shall both deliver out the Bonds, and give 
his Aquittance for the same. For which this shall be yours, and his 
the said Receivours sufficient Warrant in that behalfe. 

c Bv THE KING 

'His MAJESTIES COMMISSION TO the Lords, and others of his 
Privie Councell, for taking the Oath of the Baronets. 

'JAMES by the grace of God, King of ENGLAND, SCOTLAND, 
FRANCE and IRELAND, Defender of the Faith, &c., To Our right 
trustie, and right well beloved Councellour, THOMAS Lord Ellese- 
mere, Lord Chancellour of ENGLAND, And to Our right trustie, 
and right well-beloved Cousens and Councellour, ROBERT Earle of 
Salisburie, Lord High Treasurer of ENGLAND, Henry Earle of 
Northampton, Lord Keeper of our Privie Scale, Lodouike Duke of 
Lenox, Charles Earle of Nottingham, Our high Admirall of England, 
Thomas Earle of Suffblke, Lord Chamberlaine of our Houshold, 
Gilbert Earle of Shrewsbury Justice in Eire beyond Trent North- 
ward, Edward Earl of Worcester, Master of Our Horse, Thomas 
Earle of Excester, John Earle of Marre, Alexander Earle of Dun- 
fermyline, And to Our right trusty, and right welbeloved Counsel- 
lours, Thomas Lord Viscount Fenton, Edward Lord Zouche, 
William Lord Knolles, Treasurer of Our Houshold, Edward Lord 
Wotton Comptroller of Our Houshold, John Lord Stanhope, Vice- 
chamberlaine of Our Houshold, And to Our trustie, and right 
welbeloved Councellours, Sir John Herbert Knight, Our second 
Secretarie of State, Sir Julius Caesar Knight, Chancellour and Under- 
Treasurer of Our Exchequer, and Sir Thomas Pawe, Knight, 
Chancellour of Our Dutchie of Lancaster, Greeting. Wheras 
We have already by Our severall Letters Patents created divers 
principal Knights and Gentlemen of sundry parts of this Our Realme 
of England, BARONETS, as by the same Our Letters Pattents may 
appeare, Know yee that We have authorized you, and by these 
presents doe authorize you, or any eight or more of you, whereof 
you the said Lord Chancellour or Lord Treasurer to bee alwayes one, 




THE CREATION OF A BARONET 101 

and you the said Lord Privie Scale, Duke of Lenox, Earle of 
Nottingham, Our Admirall, Earl of Suffolke, Our Chamberlaine, 
and Earle of Worcester, Master of Our Horse, to be alwayes two, to 
take the Oath of all and every of the saide BARONETS, already 
created, or to be created severally before his said Patent of his 
Creation bee delivered unto him, that he hath not given directly 
or indirectly, by himselfe or any other with his privitie, nor is 
to give by himselfe or any other with his privitie, any more 
for attaining the said degree, or any precedence in it, than that 
which is necessary for the maintenance of thirtie footmen souldiers in 
Our Realme r of Ireland, after the rate of eight pence by the day 
sterling, during the space of three yeeres now next insuing, saving 
the charges of passing his Patent. 

* And because it may so fall out, that some of the said BARONETS 
already created, and others hereafter to be created, shall or may by 
sicknesse, infirmitie, or other occasion be hindred so as they cannot 
be present with you to receive their Patents at your hands ; We 
do therfore by these presents, authorize, and commaund you Our 
Councellour of England, to award Commissions from time to 
time, for any such BARONETS that shall require the same, to such 
three, foure, or more discreet Knights or other Gentlemen, as 
you shall thinke fit, Commanding them, or any two of them, to 
take the like Oath of every such BARONET, and to returne the 
same to you.' 

Upon the first erection of the Degree there was paid by 
each Baronet into the Exchequer the sum of one thousand 
and ninety-five pounds, being for the maintenance of thirty 
soldiers for three years at the rate of eightpence per day for 
each soldier, in addition to twelve hundred pounds, the 
charges of passing the patent. It was not necessary that the 
whole of the amount should be provided at once, but the 
wages of one year had at least to be paid on the passing of 
the Patent ; and as regards the balance, the Baronet had to 



102 A HISTORY OF THE BARONETAGE 

enter into a sufficient bond and recognisance for the balance 
which remained due after the first payment was made. 
The following is a form of the Bond : 

c Noverint universi per praesentes me de in Com : 

: Milit : et Baronett : teneri et firmiter obligari serenissimo 

domino nostro Jacobo Dei gratia Anglic, Scotie, Francie, et Hibernie 
mine Regi in Mille marcis legalis monete Anglic solvendis eidem 
Domino Regi heredibus et executoribus suis, Ad quam quidem 
solicitatione bene et fideliter faciendam,Obligo me,heredes,executores, 
et administratores meos firmiter per praesentes Sigillo meo sigillat : 
dat : quarto die Junii 1611, Anno Regni Domini nostri Regis 
Anglic, Francie, et Hibernie Nono, et Scotie Quadragesimo Quarto. 

'The Condition of this Obligacion is such that if the above 

bonded Sir , Knight and Baronett, his heirs, executors, 

or administrators, or some of them, doe well and truelie paie or 
cause to be paid into the handes of Thomas Wattson, Esquire, 
or into the handes of anie other to be by the Lord Treasurer of 
England named and appointed Receyvour of the monyes paide & to 
be paied by such as his Ma tie hath or shall create Baronette, to the 
use of his Ma tie his heirs or successors the some of Three Hundred 
Three Score & Fyve Pounds of Lawfull money of England, being 
one full thirde part of One Thousand Four Score & Fyftene 
Pounds, at or within the now office of the saide Thomas Wattson 
within his Ma tie ' s Receipte of the Exchequire in or upon the fyveth 
daie of June which shalbe in the yere of our Lord God One 
Thousand Six Hundreth & Thirtene without fraude or covyne that 
then this Obligacion to be voide & of none effect, or else to stand 
in full strength & virtue. 

c Recognit xxij die 

Junii nono Jacobi 

Regis coram me 
EDW. BROMLEY.' 

The following is a form of the Receipt given for the 
three annual instalments of 365 : 




THE CREATION OF A BARONET 103 

In Pelle Recept' in Termino Pasche a-xj R. Jacobi, 

Sabfci xvto Maii. 
-, mil. et Baronett* trescentas Sexagint' quin- 



que libras in plen' solutione M iiij xx xv 1 p ips' dno. Regi Jacobo 
dat' et concess' ad manutenend' triginta viros in cohortibus suis 
pedestribus in regno suo Hibernie pro defensione eiusdem, et p'cipue 
p securitate Plantationis Provincie Ultonie ifcm p spatium trium 
annorum secundum ratam viijd. p quolibet huiusmodi pedite p diem 
durante termino predicto solubil' p recognit' suam quinto die Junii 

prox' future ccclxv 1 sol'. 

* Exx. Edw: War dour? 

This, however, was by no means the whole amount of the 
payments, as is shown by the following long list of Fees 
paid by Sir Edward Hussey for the issue of his Patent and 
for his release from his Bonds : 

< At M r Wattsons office in the Receipt. 
Quinto Junii 1612 . . . ccclxv 1 . 

Quinto Junii 1613 . . . . ccclxv 1 . 

It m there was the other third pte paide into thexchequer in hand 
before the passinge of the patent, viz. ccclxv 1 , as may appear by the 
Receipt under the Receivours hand plimlary appointed for this 
Receipt for the Baronettcy. 

Baron Bromley before whom these ij bondes in the nature of re- 
cognizances were acknowledged, his man had for his Master xiijs. iiijd. 

This man had for enteringe them into the booke . iiijd. 

'May itt please yo r Ldshps. there was paide into my Office this 
p'sent day by Sir Edward Hussey, Knight & Baronett, the some of 
ccclxv 1 in pte of One Thousand Fourscoore & Fifteene poundes by 
him given & graunted to his Matie. towardes the maintenaunce of 
30 Footemen servinge his Matie. in Ireland for defence of the pro- 
vince of Ulster by the space of iij yeares followinge att the rate of 
viijd. per diem to each of them during the same time for which 
there is a Talley stricken this p'sent day as appeareth, And ij severall 



104 A HISTORY OF THE BARONETAGE 

bondes for ccclxv 1 entered into by the said Baronett for the remaine 
being vii c xxx 1 , & acknowledged before Sir Edward Bromley, 
Knight, one of the Barons of thExchequer to his Matie. accordinge 
to such directions as I have received for the same . . ccclxv 1 . 

Witness my hand this xviij day of June, 1611, 

Tho: Wattson: 

Watson had for this & striking ye Talley .... xxs. 

Watsons man, viz. Poydon, had for him & the rest of his fellows 
for making the aforesaid ij bondes xvs. 

Memd. that this xviij of June, 1611, Sir Edward Hussey in the 
County of Lincoln hath taken the oath appointed by his Matie for 
the Baronetts in the presence of us. 

Jul: Gasar. 

Sir Julio Caesars clarke had for this vjs. 

Itm. pd. unto Joanes & the rest of his fellows being M r Coulwerts 
men for provinge viij of the Lordes Commissioners hand to the 
patent for warrant unto the great scale . . . . . xs. 

Itm. unto the doore keepers of the Councell Chamber . ijs. 

The names of Councellors that subscribed, R. Salisbury, H. 
Northampton, Nottingham, T. Suffblke, Gilbt. Shrewsbury, Edw. 
Worcester, Edw. Wotton, Julius Ctzsar. 

Edw. Bromley. 

Given unto M r Collverts man, which he demanded as a fee dew 
unto his Mr. who was then Clarke of the Councell attendaunt for 
the warrant unto M r Sollicitor, viz. Sir Fr. Bacon, for drawinge the 
patent ........... xxs. 

Itm. given unto M r Collverts man of whome I received the sd. 
warrant xs. 

Itm. to the doore keepers of the Councell Chamber ;..' . iijs. 

Itm. given to M r Sollicitor for drawinge the patent . v 1 . 

Itm. given unto Younge his clarke for writen the same . xls. 

Itm. to Younges man * . . . . . . ijs. 

Itm. to Watsons man, viz. Poydon, for making a bill for payment 
of some pte. of the money the next morninge that I wanted when 
I was in payinge the money into thexchequer . . . ijs. 

Itm. to M r Kirkham, one of my Lorde Treasurer's Secretarys xls. 



THE CREATION OF A BARONET 105 

Itm. the Charges to the Crown Office for passinge the pattent 
which was paid to Sir George Coppin .... xiiij 1 . 

Itm. given unto the Clarkes amongst them . . . xxs. 

Itm. to M r Pinches beinge one of them who specially ingrossed 
the patent . . . . . . . . . xs. 

Itm. to his boye that brought me word uppon Thursday att night 
that the patents should be sealed the next day . . . ijs. 

Itm. to his boye for writing a copie for me of theire names who 
hadd theire patents sealed when myne was . . . xxijd. 

Itm. given M r Calvert, the Clarke of the Councell, when Sir 
Phillipp Woodhouse was with me for to know what Lincolnshire 
or other men was corned into the roale since I was ranked . xxs. 

Itm. given unto M r Kirkhams man att severall times . . iijs. 

Itm. pd. unto Sr. George Coppin, the clarke of the Crowne, att 
the receit of my Patent under the Scale, witnes his man M r Pinches 
who rould the money & delivered itt to his measter . xiiij 1 . 

Itm. given unto the Clarkes of the Crowne Office amongst them 
in devident for ingrossinge my patent xxs. 

Itm. given unto M r Pinches, one of the clarkes, for his speciall 
care that itt should be fare written . . . . . xs. 

Itm. for the box & lock to lay the patent ynn . . iiijs. vjd. 

Itm. to M r Pinches for a copie of the patent & sight of the 
instructions before the book came forth in print . . xvijs. 

Itm. for ij bookes after they came in print wherein the Commis- 
sioners patent & the instructions with a copie of the patent & copie 
to be granted & taken by the Baronetts are expressed & imprinted. 
1612. 

Pd. 20 Maij to M r Watson, one of the tellers in thexchequer, 
when I payed my second payment, viz. ccclxv 1 for my creation of 
Baronitt for making the bill wheruppon the taylie was stricken ijs. 

Itm. to M r War dour in office Pellin* for the constat uppon the 
taylee . . 3 *.. . ?* liJ.' * ,- *-..* . . ijs. 

Itm. to him for registringe & inroulinge of both the bondes in 
that office, when they were acknowledged . , > . iiijs. 

Md. that M r Watson delivered in my bond without any other fee 
when I payed the money. 



io6 A HISTORY OF THE BARONETAGE 

And Lorde Townsend did have inroulmt. of my bond & recog- 
nizance erased & crossed over, and a vacato intered in the margent 
in M r Wardours office hard by my lord Chauncellors house in the 
Strand without fee. 

So as att the last paymt. I am to pay butt ijs. to M r Watson his 
Clarkes for the bill wheruppon the Taylee is to be stricken, and ijs. 
to M r Wardour for the constat for that both the bondes are payde 
for theire inrolmts.' 

The following is the Warrant which appointed an Officer 
in the Court Receiver of the Moneys to be paid by the 
Baronets on creation : 

c JAMES &c. To our right trusty and right welbeloved Cousin 
and Councellor Robert Erie of Salisbury our high Treasurer of 
England and to our trusty and welbeloved Councellor Sir Julius 
Caesar Knight Chauncellor and under-treasurer of our Exchequer. 
And to our trusty and welbeloved Sir Lawrence Tanfield Knight 
Cheife Baron of our Exchequer and the rest of the Barons of the 
said Court greeting : WHEREAS wee have alredy by or speciall 
Letters Patentes, Created divers principall Knightes and gent. Bar- 
ronetts as by ye same our Letters Patentes may appeare, and are 
likewise purposed to Create more Barronetts of like qualitie and 
Condicion. And where the Barronetts Created and to be Created 
are to give for the maintenance of Thirty footemen Soldiers to be 
imployed in our Realme of Ireland after ye rate of Eight pence by 
the day sterling a peece during the space of three yeares nowe next 
ensewing. A third part of w ch money they are to make presente 
payment of and are to give securitie by Bondes or Recognizances 
for payment of th' other two partes at Certaine dayes yet to Come ; 
And because it may fall out that by reason of sicknes, infirmitie 
or other occasion some of the said Barronetts shall or may be hindered 
or letted, so as they cannot be present hereabouts to give securitie 
accordingly, but are to take forth Commissions out of our Court 
of Chauncery, to be directed to such discreete Knightes or other 
gentlemen as our Chauncellor of Englande shall in that behalfe 



THE CREATION OF A BARONET 107 

think fitt to be nominated and appointed to receave such Bondes 
or Recognizances and to retorne the same into our said Court of 
Exchecquer; Knowe yee nowe that wee for Consideracions us 
movinge do Commaund yow our said Treasurer Chauncellor and 
Barons and every of yow, so sone as any such Bondes or Recog- 
nizances as by vertue of such Commission as aforesaid shal be taken 
of or for any Barronett or Barronetts shall be Certified and retourned 
into our said Court of Exchecquer, yow and every of yow Cause the 
same presently (without any Inrollement or Record at all to be 
made of them) to be delivered over to THOMAS WATSON Esq. one 
of the Tellers of our Exchecquer (being by yow our said Treasurer 
appointed Receavor of such moneys payable by the said Barronetts) 
or to such other person or persons as our Treasurer of England for 
the time being, shall in that behalfe nominate and appoint That 
upon full payment and dischardge of the moneyes due upon such 
Bondes or Recognizances, the same shall and may be forthwith, by 
such Receavor redelivered to every such Barronett his or their 
Executors or Assignes to be Cancelled according to our gratious 
intencion in this behalfe And theise presents shal be aswell to 
yow our said Treasurer Chancellor and Barons as also to the said 
Receavor, a full & sufficient warraunt and dischardge in that 
behalf GIVEN &c. the 27th day of June in the Ninth yeare of 
our Raigne of England ffraunce and Ireland, and of Scotland, &c. 
44 th -' 



CHAPTER III 

EARLY HISTORY OF THE BARONETAGES 
OF ENGLAND AND OF IRELAND 

IT was only to be expected that the erection of a new 
dignity hereditary like that of the Baronetage should be 
viewed with feelings of jealousy by certain of the com- 
munity. Whether any formal petition was ever made to 
the King for the revocation of his first letters patent is not 
known, but that such was in contemplation is evidenced by 
the following Memorandum contained among the Cotton 
Manuscripts in the British Museum (Faustina, c. viii. 
f. 24) :- 

c Motiues to induce the Knights Cittizens and Burgesses of the 
Commons howse of Parliament to petition to his Ma tie for 
the revoking & abolishing of the degree of Baronetts 
lately erected by his hignes letters patents. 

' ffirst because this new degree is offensiue to the Nobilitie of this 
Realme whose descendants in all reason ought to haue pryme 
emynence amongst the gentrie of this Kingdome yet Baronetts by 
thease letters Patents are to haue precedence before the descendants 
from the younger children of Barons, Earles, Dukes, etc. And to 
the order of Knighthood because that degree being a personall 
dignitye & springing out of vertue and desert ought to be ranged 
next and imediatly vnto Barony. Nevertheles the degree of 
Baronetts is interposed betweene Baronie and Knighthood. And 
to the gentrye of this Kingdome because many of the Baronetts and 



108 



EARLY HISTORY 109 

their descendants being meanely descended must haue precedence 
before gentlemen of auncient families, who by this Innovation wilbe 
much villified and of smale reckoning in the Comonwealth. 

c And vnto the Magistrats of this Kingdome who in respect of 
their offices & places wherein they serue as also of the grauitie 
and wisdome of their persons in publick services and assemblies, 
haue vsed to have precedence before others but now they must giue 
place vnto Baronetts and their descendants albeit some of them are 
and many of them in tyme to come may be meane in Birth, poore 
in estate and of small worth and desert. 

'And vnto the whole comynaltie whose descendants by their 
virtues and good fortunes may hereafter attayne vnto creditt and 
reputacion in the commonwealth. 

* Inconveniences that will arise vnto his Ma tie and this estate 
by reason of this new institucion. 

* There wilbe allwaies dislike envye and hartburning betweene 
the gentrie of the Kingdome and the Baronetts. 

c The honour of Knighthood w ch was wont to encourage generous 
myndes vnto high exploits will now come into contempt : for be 
they of never so great prowesse and valour must by this Institucion 
be inferiour vnto Baronetts of smallest worth. 

c Knighthood hath been held a competent reward for forreine and 
home ymployments But now his Ma tie must be dryven to seeke new 
wayes for the recompence and satisfaction of such seruices. 

c Gentlemen of great lyvelyhood and estimacion will refraine his 
Ma ts seruice in publique assemblies for the administration of Justice, 
and otherwise, because they serue to giue place vnto many of the 
Baronetts whome they counted their inferiours. 

4 The reputacion of Knighthood and Antiquitye of descent hath 
in former tymes much advanced the gentrie soe quallified in prefer- 
ment of manages who are very much prejudiced by this hereditorie 
title. 

'Great Noblemen of this Kingdome haue been regarded from 
their titular dignities for want of meanes to support their honour. 
But thease Baronetts albeit they shall happen to bee of noe worth, 



no A HISTORY OF THE BARONETAGE 

either in estate or desert, must haue precedence before Knights and 
gentlemen of greatest reputacion. 

* Nothing is more commendable then honour springing out of 
vertue and desert But to purchase honour with money (as Baronetts 
haue don) is a temporall Simonye and dishonorable to the estate. 

c The commonalty of the Kingdome, ever sithence the first insti- 
tucion therof hath consisted of certaine degrees knowne by legal! 
addicions without change or alteracion by any of his ma ties Pro- 
genitours. But this Innovacion may by way of President alter the 
whole frame of the commonwealth. 

c His Ma tie by his prerogatiue Royall may create Barons, Vicounts, 
Earles, and any other degrees of Nobilitie as other his Auncestors 
and Progenitors have don, But the erection of this or any other in 
the Comminaltie is not warranted by any former President vsage or 
custome/ 

We can imagine that protests resembling the above were 
made by Earls and Barons when the Degrees of Duke, 
Marquess, and Viscount were respectively introduced. 

The following extract from a long document preserved in 
the Public Record Office shows that the Officers of the Navy 
were concerned as to the privileges conferred on the new 
degree (State Papers, Domestic Series, James /., vol. Ixvii. 
No. 1 60): 

A Remonstrance of ye Records heretofore produced in the 
Councell Chamber concerning the Praecedencie of the offices of 
the Navie now in question. 

Presidents shewinge the Order of the Office not to be inverted 
by the Dignitie of any other Tytle. 

To shew that the M rs of Requests have noe preeminence in the 
office of Marine Causes. 



EARLY HISTORY m 

To shew that the Priviledges of everie Office are limited within 
it selfe. 

To shew that the Patent of a Baronite doth not extend it selfe 
to take away the Priviledges of Offices. 

By these wordes likewise included in our Patents w tb all Profits 
Priviledges and praeheminences, we take it as graunted that noe 
other Patent can seclude us from the praeheminencie due unto our 
severall places, for although the Patent of a Baronite be to take 
place of other K te , yet is not included and officers as K ts onely we 
contend not : for that addeth nothinge to the Dignitie of the office, 
but as Officer we take our Patents to be of equall force or more, 
because ye more auncient patents, and if the tenent of our places 
and Preheminences by Patent be not secure the Tenent of most 
offices in England will appeare uncertaine, but it is more probable 
that the priviledges of these two Patents are not contradictorie, and 
it will appeare that the Patent of a Baronite is not of soe great 
extent as is pretended. 

To shew that the words of a Baronites Patent to take place of 
all K ts are not universall. 

To shew that these words in the Patent of a Baronite are not 
universall is made plaine by reason they comprehende not at all 
times, and in all places, for then wee should admitt that a Knight 
Baronite although ymployed as Rear Admirall, should at all 
councels and meetings, take ye place of his vice admirall or 
Admirall, beinge but Knights w ch were to adde great confusion to 
Politicke Government, neither is the Case of officers much different 
from this of ymployment. 

To prove the Praeeminencie of the Comp* 1 ? 8 place from the 
qualitie of his duties. 

Between the 22nd May 1611, the date of the erection of 
the Degree, and the 3ist December following, seventy-five 
Baronets were created, their general precedency being 



ii2 A HISTORY OF THE BARONETAGE 

clearly established in their Patents, as being before all 
Knights, and also before all Bannerets, except those who 
should be made by the King or the Prince of Wales on the 
field. Now as, according to various writers, a Banneret 
was a knightly person of high consideration, who in earlier 
reigns had been summoned to Parliament, who was entitled 
to supporters for his Arms, and who claimed rank before 
the sons of Barons and the younger sons of Viscounts, these 
earliest Baronets were naturally led to suppose that their 
place in the chain of precedence was hereditarily just above 
that which the Banneret occupied for his life. They 
probably also thought that the King, in creating a sixth 
hereditary degree, ' meane in place betwixt the Degree of a 
Baron and the Degree of a Knight,' to quote the words 
from his final Decree of 1616, intended that the members 
of a Baronet's family should be woven into the said chain 
of precedence in the natural manner, which would be 
(omitting Ladies, Bishops, and Bannerets) as follows : 

First Degree, . . DUKE. 

Second Degree, . . MARQUESS. 

Duke's eldest son. 

Third Degree, . . EARL. 

Marquess's eldest son. 
Duke's younger son. 

Fourth Degree, . . VISCOUNT. 

Earl's eldest son. 
Marquess's younger son. 



EARLY HISTORY 113 

Fifth Degree, . . BARON. 

Viscount's eldest son. 
Earl's younger son. 

Sixth Degree, . . BARONET. 

Baron's eldest son. 
Viscount's younger son. 

Non-hereditary Orders^ . KNIGHT. 

Baronet's eldest son. 
Baron's younger son, etc. etc. 

Shortly, however, after the erection of the Degree a 
dispute arose between the younger sons of the Viscounts 
and the sons of the Barons on the one hand, and the 
Baronets on the other, as to precedency, the language of 
their Patents appearing to the Baronets to justify their 
taking place and precedence before the younger sons of 
Viscounts and before all sons of Barons. 

The dispute was referred to the Privy Council, who 
decided against the Baronets, whereupon they appealed to 
the King. The following is an extract from a letter 
addressed by Sir John Chamberlain to ' The righte honor- 
able Sir Dudley Carleton Knight his ma tiei Ambassador to the 
State of Venice,' preserved in the Public Record Office : 

c MY VERY GOODE LORD . . . 

c The new Barronetts have a question for place w th Barons younger 
sonnes, w ch is hotly followed by Sir Moyle Finch, Sir William 
Twisenden, Sir John Wentworth and Sir Robert Cotton. The 
matter was lately brought to the counsaile table where by the earle 
of Northampton and other Lords yt was decreed against them, but 

H 



ii4 A HISTORY OF THE BARONETAGE 

they have appealed and made petition to the King, who promiseth 
to reverse yt as they geve out. . . . From London this last of 
December 1611. 

c Yor LoP 8 to comaund, 

4 JOHN CHAMBERLAIN. 

(Endorsed) c The Disputes betwixt Baronets & Barons younger 
sons for precedency.' 

The following Memorandum is contained in the Cotton 
Manuscripts in the British Museum (Faustina, c. viii. 
f. 23) :- 

* Certein Questions humbly sought of my Lords the Marshalls 
to be resolued & declared, touchinge the Baronnetts, 
arisinge from some doubtfull words in their Patent & in 
his Ma ties decree. 

c Whereas in the Patent fol. 32. are theis words followinge Atque 
quod primogenitus filius, ac ceteri omnes filii et eorum uxores, et 
filiae ejusdem . . . et heredum suorum praedictorum respective, 
habeant, et capiant locum et praecedentiam, ante primogenitos filios, 
ac alios filios et eorum uxores, et filias omnium quorumcunque 
respective, prae quibus patres hujusmodi filiorum primogenitorum, 
et aliorum filiorum, et eorum uxores, et filiarum vigore presentium 
habere debent locum et praecedentiam. 

* )ute. i. Whether the eldest sonne & his wife & the daughters 
of a Baronnett ought not to take place & precedence next & imedi- 
atly after a K* Bachelour (as the words seeme to import) & before 
all other inferior to a K* Bachelour & the yonger sonnes & their 
wives next & imediatly after the eldest sonne & his wife & the 
daughters of a K* Bachelour. & before all other inferior. And 
whereas in the decree fol. 4. are theis words. His Ma tie &c. hath 
finally sentenced, ajudged, & established, that the yonger sonnes of 
Viscounts & Baronns, shall take place and precedence before all 
Baronnetts. 

c Qua. 2. Whether the children of the heyre gennerall to a 
Baron whose husband was newly reputed or ajudged a Baron, ought 



EARLY HISTORY 115 

to be deemed & taken the sonnes & daughters of a Baron, & so to 
take place And whereas in the fol. 8. touchinge the precedence of 
the wives of Baronnetts, are theis words, they shall take and enjoy 
their place & praecedencie duringe their Hues, next vnto, & imediatly 
after that place that is due. & belongeth vnto the wiues of the 
yonger sonnes of Viscounts & Baronns, & to the daughters of such 
Viscounts & Baronns. 

c 0$u<s. 3. Whether the daughter of a Baron maried vnto a 
Baronnett or K* ought to take y e place of her husband onely & not 
otherwise. Wherein we are informed, some sentence hath passed 
already from yo r Lo p P 8 . 

'And whereas fol. 10. are theis words. Saucing newly the lesse 
to his Ma tie his heyres & successors, full & absolute power & autho- 
rity to continue or restore to any person or persons from tyme to 
tyme such place & praecedencie, as at any time heereafter shall be 
due vnto them, w ch by any accidente or occasion whatsoeuer shalbe 
heereafter changed, any thinge in these points, or other cause or 
respect whatsoeuer to the contrary notw th standing. 

c )uez. 4. ffor what purposse the said saucing was inserted & in 
what casses it shall take place. 

'And because his Ma tie was gratiously pleased to declarre vnto 
them his princely meanning to concurre & agree, w th his formo r 
ordinance touchinge the quallities of such personns for birth & 
estate of liueing as should be admitted into the order, they humbly 
pray yo r LoPP 8 that in yo r ho ble fauour towards them, you would be 
pleased that heereafter his Ma ties said ordinance & true meaninge 
touching the said quallities of such personns as are to be admitted 
into the said order, be truely obserued & kept, that neither his 
Ma ties order it selfe be brought into Contempt by the meanenesse of 
the personns thereinto admitted, nor that the Gentry of bet[ter] 
quallities doe thereat take a just offence or mislike. 

4 Lastely there bonds beeing recorded (as they conceaue not by 
his Ma tieB ordinance) they humbly pray that they may haue a good 
& sufficient discharge for the same, out of the exchequo r that there 
heyres be not heareafter troubled for that there fathers haue so 
freely giuen.' 



n6 A HISTORY OF THE BARONETAGE 

In the same volume, folio 28, will be found the following 
Memorandum : 

'The Baronetts are humble sueto rs to his Ma tie that now his 
Ma tie hath ben pleased (after much dispute) to give the place to the 
yonger sonnes of Viscounts and Barons before them, Soe his Royall 
meaneing may be likewyse declared that the Baronetts shall have 
the very next place vnto them, wthout interposeing any estate place 
or persons betwene them. 

4 And that for likewyse the wyves of the Baronetts may be 
declared to have the very next place to the wyves of Barons yonger 
sonnes, and the daughters of Barons vnmarryed. 

'And that it may likewyse be declared that the daughters of 
Viscounts and Barons, if they marry knights shall from thenceforth 
take place not by their byrth but by their husbands. 

c They also desyre that his Ma tie wilbe pleased to graunte for him 
his heires and successo 1 " 8 , That neither any person dignity or estate 
of men vnder the degree of Barons shalbe herafter sett before them. 

c And theise things they humbly beseech his Ma tie may be made 
parte of his now sentence and decree for avoydeing of new questions ; 
And that they may have Itres patents of them by waye of addition 
to their former, if they will ; w ch cleare setling and establishing of 
their place & priviledges they knowe will invyte others to come up, 
w ch yet stand out as vnsatisfyed.' 

The result of his Majesty's decision was communicated to 
Sir Dudley Carleton by Sir John Chamberlain in a letter 
(State Papers, Domestic Series, James /., vol. Ixviii. No. 18), 
from which the following is an extract : 

C MY VERY GOODE LORD, 

' The same day (Sunday) the new Baronnetts had there (at the 
" counsaile " table) a second defeat in the cause of precedence w th 
barons younger sonnes, for yt was told them that howsoever the 
words of theyre patent might seem to carry a contrarie construction, 
yet yt was never the K s intention, w ch he would shortly declare by 



EARLY HISTORY 117 

proclamation wherupon they beeing not satisfied, but still urging the 
words and validitie of theyre patent, and how in that consideration 
they had payed theyre monie, yt was answered by the L. Treasurer 
that yf any of them misliked his bargain he shold have his monie 
again. . . . 

'From London this I5th of January 1611. 
c Yor LoP 8 to commaund, 

* JOHN CHAMBERLAIN. 
(Endorsed) c Touching the Precedency of the new Baronets.' 

The following extract is from the same volume, 
No. 60 : 

* My deuty to your 11 most humbly remembred. 

* Those former points having filled up my paper I thought good 
to writt the matter of the Baronets by itselfe. This afternoon 
comming by his ma ty ' s appointment to have my byls signed for the 
py rates which herewith I send to yor lo. I found with his H. fowre 
of the Baronets, S r Tho. Brudenell, S r William Twisden, S r George 
Greisly & S r Gervase Clifton who had delivered a petition to his 
ma ty w th a copie of that which they had presented to your 11. There 
was much altercation and his ma ty defended his act very stiffely and 
stood uppon these termes that in ambiguis ejus est interpretare 
cujus est condere and he had never intention to give them prece- 
dency before noble mens sonnes. Their plea was the wordes of 
their Patent the right of the place of a Baronett of auncient tyme, 
their own intentions in taking the degree. His ma ty replyed with 
many witty and strong arguments they were as earnest and vehe- 
ment, the disputation was about an houre And when his ma ty wold 
have sent them to your 11 of his Councell they refused and prayed 
to be heard when he was present. So as after his ma ty was retired 
and had dismissed them He gave me direction to lett your 11 under- 
stand That his H. could not refuse to heare them the rather for that 
they sayd they had not been fully heard before your 11. His ma ty 
thought if they had no more to say then they had uttered here he 
should aunsweare them well enough, but yet could not refuse to 
heare them. In the mean tyme seing he was so soone to be there 



n8 A HISTORY OF THE BARONETAGE 

your 11 might prepare the proclamation or draught which you had 
in hand and at his ma^ 8 comming he wold putt it to a point. . . . 

(No signature.) 

(Endorsed) <Feb r 1611. Sir Th. Lake to my Lord from Royston 
concerning Baronnetts and Ambassadors.' 

The appeal of the Baronets was accordingly heard by the 
King presiding in his Privy Council, who decided in favour 
of the younger sons of the Viscounts and Barons, as appears 
by the following letter written on the 29th April 1612 by 
Sir John Chamberlain to Sir Dudley Carleton (State Papers, 
Domestic Series, James /., vol. Ixviii. No. 104) : 

c MY VERY GOODE LORD, 

c I make no question but you have understoode from others what 
hath passed here in mine absence w ch was not much to be related, 
one of the greatest matters was that after three or fowre times 
audience the K. hath determined that the Baronnetts shall not take 
place of Lordes younger sonnes, but in requitall hath geven them 
three or fowre additions, that first they shall quarter or beare in a 
canton the armes of Ulster w ch is a hand in a bloudie feild: but 
many thincke this so far from Honor that yt may rather be taken 
for a note of disgrace to shew how they came by yt. The next is 
that they shal be Knighted of course at 21 yeare old, the third that 
they shall fight in the feild under the K s standard and neere his 
owne person and the fourth that they shall have fowre (or five) 
Knights assistants at their funerall. The cause was argued w th 
much vehemencie and contestation insomuch that S r W. Twisenden 
charged the earle of Northampton w th sending S r Robert Cotton 
out of the way who was furnished w th thayre best reasons and 
records w ch he denieng S r W. urged S r Henry Savile to deliver what 
annswer he had from him by his man that he sent to him into the 
countrie for that purpose w ch he did in these wordes, that S r Robert 
Cotton saide his brother Baronnetts must pardon him but yf my L. 
privie scale did send for him he wold come w th a tantara : the K. 



EARLY HISTORY 119 

asked my L. what he could say to this who annswered he could say 
no more but that he was glad to understand that his frend the anti- 
quarie was become so goode a trumpeter : w ch made them all 
merrie. 

'From London this 2Q th of Aprill, 1612. 

c Yor LoP 8 to commaund, 

4 JOHN CHAMBERLAIN. 

(Endorsed) * Touching the precedency disputed betwixt Baronets 
& the younger sons of Barons.' 

Immediately afterwards the following Decree was passed, 
which, in addition to settling the question of precedency, 
entered upon other matters with a view to their explanation 
and settlement : 

ROYAL DECREE, 28TH MAY 1612. 

c JAMES, by the grace of GOD, King of England, Scotland, France 
and Ireland, Defender of the Faith, &c. 

' To all to whome these presents shall come, Greeting. Know 
ye that We have made a certaine Ordinance, Establishment, and 
finall Decree, whereof the tenor followeth in these wordes : 

' The Decree and Establishment of the King's Majestic, upon a 
controversie of Precedence, betweene the yonger sonnes of Viscounts 
and Barons, and the Baronets ; And touching some other points 
also concerning, as well Bannerets, as the said Baronets. 

c The King's Most Excellent Majestic, having upon the Petition, 
and submission of both parts, taken into his Royall audience and 
censure, a certaine controversie, touching place and Precedence, 
betweene the yonger sonnes of Viscounts, and Barons, and the 
Baronets, (being a degree by his Majestic newly created) which 
controversie did arise upon an inference onely out of some darke 
words contained in the Letters Patents of the said Baronets : And 
having in person heard both parts, and their learned Counsell, three 
severall daies at large after information taken from the Heraults, 
and due consideration of such proofes as were produced on both 
sides, hath declared and decreed as followeth. 



120 A HISTORY OF THE BARONETAGE 

c His Majestic well weighing that the Letters Patents of the 
Baronets have no speciall clause or expresse wordes to give unto 
them the saide Precedence ; And beeing a witnesse unto himselfe 
(which is a testimonie above all exception) that his Princely mean- 
ing was onely to grace, and advance this new Dignitie of his 
Majesties erection ; but not there withall any wayes to wrong 
tacitely and obscurely a third partie, such as the yonger sonnes of 
Viscounts and Barons are, in that which is a flower of their fathers 
Nobilitie : 

c And having also had the attestation of the Lords of his Privie 
Councell, who did declare that the Precedence (after debate and 
deliberation, while the Patent of the Baronets was in consultation) 
was with one consent resolved and ordered for the yonger sonnes of 
the Viscounts and Barons : 

'And rinding also that the clause whereby the Precedence is 
challenged by the Baronets, as by a kinde of consequence in regard 
of place given unto them above some Bannerets, doeth not warrant 
their claime (forasmuch as the Precedence betweene the Bannerets 
themselves, and the yonger sonnes of Viscounts and Barons, appeareth 
not to have bene regular or certaine, but full of confusion and variety, 
and therefore not sufficient whereupon to ground such their pre- 
tence) but being chiefly mooved by the clearenesse of his Majesties 
Royall intent, and meaning, and the explanation thereof by his 
Councell, (which his Royall meaning doeth, and ever must leade 
his Majesties judgement in the interpretation of his owne Actes,) 
hath finally sentenced, adjudged, and established, that the yonger 
sonnes of Viscounts, and Barons, shall take place and Precedence 
before all Baronets. 

' And further, the better to settle, and cleare also all question of 
Precedence that may concerne either Bannerets, or the yonger 
sonnes of Viscounts and Barons, or the said Baronets, either as they 
have relation among themselves, or towards others respectively ; His 
Majestic for himselfe, his heires and successours, doeth ordaine and 
establish, that such Bannerets, as shall be made by the Kings 
Majestic, his heires and successors under his or their Standard, dis- 
played in an Armie Royall in open warre, and the King personally 



EARLY HISTORY 121 

present, for the terme of the lives of such Bannerets and no longer, 
(according to the most ancient, and noble institution) shall for ever 
heereafter in all places, and upon all occasions, take place, and Pre- 
cedence, aswell before all other Bannerets whatsoever, (no respect 
being had to the time, and prioritie of their creation) as likewise 
before the yonger sonnes of Viscounts and Barons, and also before 
all Baronets. 

c And againe, that the yonger sonnes of Viscounts and Barons, 
and also all Baronets, shall in all places, and upon all occasions, take 
place and Precedence before all Bannerets whatsoever, other then 
such as shall bee made by the King himselfe, his heires and suc- 
cessours in person, and in such speciall case, manner and forme as 
aforesaid. 

' Neverthelesse, for a singular honour to the person of the most 
high and excellent Prince HENRY now Prince of Wales, his Majesties 
eldest sonne ; aswell the yonger sonnes of the Viscounts, and Barons, 
as the Baronets, have freely and voluntarily consented and agreed at 
the hearing of the said cause, in the presence of his Majestic, and his 
Privy Councell, and all the hearers, to give place and Precedence, 
to such Bannerets, as shalbe hereafter made by the said most noble 
HENRY, now Prince of Wales, under the Kings Standard displayed 
in an Armie Royall in open warre, and the said Prince there per- 
sonally present. 

4 Saving the right of the yonger sonnes of Viscounts and Barons, 
and of the said Baronets, and of the heires males of the bodies of 
such Baronets, for the time being, in all other cases according to 
the effect, and true intent and meaning of their Letters Patents, and 
of these presents. 

c And his Majestic doth likewise by these presents, for him- 
selfe, his heires and successours ordeine, that the Knights of the 
most noble order of the Garter, the Privie Councellours of his 
Majestic, his heires and successours, the Master of the Court of 
Wardes and Liveries, the Chancellour and under-Treasourer of the 
Exchequer, Chancellour of the Duchie, the chiefe Justice of the 
Court commonly called the Kings Bench, the Master of the Rolls, 
the chiefe Justice of the Court of Common Pleas, the chiefe Baron 



122 A HISTORY OF THE BARONETAGE 

of the Exchequer, and all other the Judges and Barons of the degree 
of the Coife of the saide Courts, now, and for the time being, shall 
by reason of such their Honourable order, and imployment of State 
and Justice, have place and Precedencie in all places, and upon all 
occasions before the yonger sonnes of Viscounts and Barons, and 
before all Baronets, Any custome, use, ordinance, or other thing to 
the contrary notwithstanding. But that no other person or persons 
whatsoever, under the degree of Barons of Parliament, shall take 
place before the said Baronets, except onely the eldest sonnes of 
Viscounts and Barons, and others of higher degree, whereof no 
question ever was, or can bee made. And so his Majesties meaning 
is, and accordingly he doth by these presents, for him, his heires 
and successours, ordeine and decree, that the said Baronets, and the 
heires males of their bodies, shall in all places, and upon all occasions 
for ever, have, hold, and enjoy their place and Precedencie, next 
unto, and immediatly after the yonger sonnes of Viscounts and 
Barons, and that no person or persons, nor State or States of men, 
shall have or take place betweene them, Any Constitution, Order, 
Degree, Office, Service, Place, Imployment, Custome, Use, or 
other thing whatsoever, now or heereafter to the contrary notwith- 
standing. 

c And that the wives of the saide Baronets, and of the heires males 
of their bodies, shall likewise by vertue of the saide Dignitie of their 
said husbands, in all places, and upon all occasions, have, take and 
enjoy their place and Precedencie during their lives, next unto, and 
immediatly after that place that is due, and belongeth unto the 
wives of the yonger sonnes of Viscounts and Barons, and to the 
daughters of such Viscounts and Barons, any Constitution, Use, 
Custome, Ordinance, or other thing whatsoever, now or heereafter 
to the contrary in any wise notwithstanding. 

c And further, his Majestic doth by these presents, for him, his 
heires and successours, of his certaine knowledge and meere motion, 
promise and graunt to the said Baronets, and every of them already 
created, and heereafter to be created, and the heires males of their 
bodies, That neither his Majestic, nor his heires or successours, 
shall or will at any time heereafter erect, ordaine, constitute, or 



EARLY HISTORY 123 

create any other Degree, Order, Name, Title, Stile, Dignitie or 
State, nor will give place, Precedencie or preheminence to any 
person or persons whatsoever, under or beneath the Degree, dignitie 
or State of Lords of Parliament of this his Realme of England, 
which shall or may be, or be taken, used, or accompted to be higher, 
before or equall to the Degree, dignitie or place of the said Baronets, 
or any of them. AND therefore his Majestic doeth for him, his 
heires and successours ordeine, graunt, and appoint by these presents, 
that all and every the said Baronets, and their saide heires males, and 
the wives sonnes, sonnes wives, and daughters of the said Baronets, 
and of their said heires males, shall, and may for ever heereafter, 
freely and quietly have, hold, and enjoy their said Dignities, Places, 
Precedencie and Priviledges before all other which are or shall be 
created of such Decrees (V), States, Dignities, Orders, Names, Stiles, 
or Titles, or to whom such place, Precedencie, or Preheminence 
shall be so given as aforesaid ; their wives and children respectively, 
according to the true intent and meaning of these presents : 

'Saving neverthelesse to his Majestic, his heires and successors, 
full and absolute power and authoritie to continue or restore to any 
person or persons from time to time such place and precedencie, as 
at any time heereafter shalbe due unto them, which by any accident 
or occasion whatsoever shall be heereafter changed, any thing in 
these presents, or other cause or respect whatsoever to the contrarie 
notwithstanding. 

< And now though this Precedent declaration doth clearly ridde 
all questions arising upon the Letters Patents, yet his Majestic 
having upon the occasion of this controversie and hearing, and of 
some of the Baronets grievances, propounded out of their owne 
mouthes, considered more maturely upon the points and latitude of 
their said Patents, his Majestic beeing resolved (as out of his owne 
royall mouth it pleased him to declare unto them) to ampliate his 
favour, especially where it meetes with these so well borne and well 
deserving Gentlemen, (this dignitie beeing of his Majesties owne 
erection, and the worke of his owne handes,) his Majestic is there- 
fore graciously pleased (not contented with those markes of his 
favour, which alreadie they enjoy by the wordes of their Patent, 



124 A HISTORY OF THE BARONETAGE 

which layeth such a marke of dignitie and precedence upon them 
and their posterity) further to strengthen and adorne his Majesties 
gracious favour towards them, with addition of the priviledges, pre- 
heminencies, and ornaments ensuing. 

* First, his Majestic is pleased to knight the present Baronets, 
that are no Knights : And doeth also by these presents of his meere 
motion and favour, promise and graunt for him, his heires and suc- 
cessours, that such Baronets, and the heires males of their bodies, as 
herafter shalbe no Knights, when they shall attaine, or be of the 
age of one and twentie yeares, upon knowledge thereof given to 
the Lord Chamberlaine of the houshold, or Vice-chamberlaine for 
the time beeing, or in their absence to any other Officer attending 
upon his Majesties person, shall be knighted by his Majestic, his 
heires and successours. 

* His Majestic doth also graunt for him, his heires and successours, 
that the Baronets, and their descendants shall and may beare, either 
in a Canton in their coate of Armes, or in an Inscutchion, at their 
election, the Armes of Ulster, that is, in a field Argent, a hand 
Geules, or a bloudy hand. 

c And also, that theBaronets, for the time beeing,and the heires males 
of their bodies shall have place in the armies of the Kings Majestic, 
his heires and successours, in the grosse, neere about the royall Standard 
of the King, his heires and successours, for the defence of the same. 

'And lastly, that the Baronets, and the heires males of their 
bodies shall have two assistants of the bodie to support the Pall, a 
principall mourner, and foure assistants to him at their funerals, 
being the meane betwixt a Baron and a Knight. 

* And to the end that every of the Baronets, and the heires males 
of their bodies, may have upon all occasions present, use, and proofe 
of these his Majesties favours ; His Majestic is graciously pleased, 
that as- well the Baronets alreadie created, as hereafter to be created, 
shall and may have, and take Letters Patents under the great Scale 
of England, to the effect of the said former Letters Pattents of 
Creation, and of these presents, either joynt or severall, as they shall 
be advised by the learned Councell of his Majestic, his heires and 
successours, and according to his Highnesse true intent and meaning. 



EARLY HISTORY 125 

* In witnesse whereof, We have caused these Our Letters to be 
made Patents. Witnesse Our selfe at Westminster, the eight and 
twentieth day of May, in the tenth yecre of our Raigne of England, 
France, and Ireland, and of Scotland the five and fortieth.' 

It is possible that the King, as argued in a document of 
the present day, had reasons for not offending the Barons of 
Parliament ; but His Majesty's ' Flower of nobilitie ' argu- 
ment in favour of younger sons who had not, at that time, 
even a generally accepted courtesy title, when addressed 
to heads of families, whom he had just ennobled by a 
hereditary title, and who would have Flowers of their own, 
does not seem convincing. 

His Majesty's decision clearly prejudiced the position of 
the Baronetage, in creating a chasm between five hereditary 
degrees on the one hand, and the sixth on the other, by 
which cause alone the latter has lost in distinction. 

Again, by giving Cadets such an idea of their importance, 
he made it next to impossible for his successors to reward 
meritorious and sufficiently endowed younger sons of peers 
with a Baronetcy ; surely an oversight, considering that 
such cadets would often be desirable persons to enrol in the 
sixth Degree Hereditary, and that they themselves might be 
grateful for such an opportunity to found a family with 
hereditary distinction. In this way, for example, was re- 
warded Captain the Hon. Henry Blackwood, who brought 
home the despatches announcing the victory of Trafalgar. 

Besides this, had the King paid less respect to the < Flowers 
of nobility* who argued the case against the Baronets, he 
would probably have realised, with his natural acumen, that 



126 A HISTORY OF THE BARONETAGE 

in each successive generation a family bearing a hereditary title 
recovers itself as against the issue of Cadets of all Degrees. 

His Majesty, however, did more than violate the canons 
of precedence. He bequeathed everlasting unrest to his 
new Degree, not only by this means, but by his failure to 
appoint any officer or Court to have cognisance of its affairs, 
or otherwise to provide it with some defence of its own 
against the caprice of monarchs and the encroachments of 
impostors, such as is enjoyed by the nobility of one of the 
smallest of the British possessions Malta. 

During the following two years, with the exception of 
those created later in the same year, no one accepted a 
Baronetcy, which led to the issue on the i8th November 
1614 of the following Commission by the King to the 
Lord Chancellor and others (State Papers, Domestic Series, 
James /., vol. Ixxv. f. 17) : 

< JAMES by the grace of God Kinge of England Scotland ffraunce 
and Ireland defender of the faith &c. To our trustie and right 
welbeloved Councellor Thomas Lord Ellesmere Lord Chauncellor 
of England. And to our right trustie and right welbeloved Cousins 
and Councellors Henrie Earle of Northampton Lord keeper of our 
privie Scale Lodovike Duke of Lenox Charles Earle of Notingham 
our highe Admirall of England Thomas Earle of Suffolke Lord 
Chamberlaine of our househould Gilbert Earle of Shrewsburie 
Justice in Eyre beyond Trent Northward Edward Earle of Worce- 
ster Master of our horse William Earle of Pembrook Lord Warden 
of the Stanneries Thomas Earle of Exeter Robert Earle of Sommer- 
sett John Earle of Marre Alexander Earle of Dunfermiline. And 
to our right trustie and right welbeloved Councillors Thomas Lord 
Viscount ffenton Edwurd Lord Zouche William Lord Knollis 
Treasurer of our household Edward Lord Wotton Comptroller of 



EARLY HISTORY 127 

our household John Lord Stanhope vice-chamberlaine of our house- 
hold And to our trustie and right welbeloved Councellors Sir John 
Herbert Knight our Secretarie of State Sir Julius Cesar Knight 
Chauncellor and undertreasurer of our Exchequer Sir Thomas Parrie 
Knight Chauncellor of our Duchie of Lancaster and Sir Edward 
Coke Knight our cheife Justice of our Bench greiting. WHEREAS 
by severall Commissions under our greate Scale of England we did 
give power and authoritie unto you to commune and treate with 
such Knightes and Gentlemen of this our realme as being moved 
with zeale and affection to further the Plantacion of Ulster and 
other like services in our Realme of Ireland had offered and agreed 
or should offer and agree everie of them to maintaine Thirtie ffoote- 
men Souldiers in our said Realme of Ireland at their proper costes 
and charges after the rate of Eight Pence a peece by the Daie 
sterling during the space of three yeares then next ensuing. In 
respect whereof we were pleased in rewarde of soe remarkable a 
service to bestowe uppon them a Dignitie newly erected and created 
by us annswereable to their State and merritt which we had stiled 
by the name of Baronett with divers priviledges annexed thereunto, 
and the same to graunte by letters patentes to them and the heires 
males of their bodies lawfullye begotten, to the ende the memorie 
thereof might remaine to them and their Posteritie. The execucion 
of which our purpose in that behalfe we committed to you to be 
performed according to certaine Instruccions and a President of 
letters patentes in schedules to the said severall Commissions annexed 
conteined. As by the said severall Commissions and schedules maie 
appeare. By vertue of which severall Commissions you have treated 
and concluded with divers principall knightes and Gentlemen of 
sondrie partes of this our Realme of England accordinglie which 
have both given the said entertainement for Souldiers and receaved 
the said Dignitie and degree as they well deserved which severall 
Commissions being nowe expired we are given to understande that 
there be manie other Knightes and Gentlemen that being moved 
with the like affeccion to the publique service are most willing to 
give such Paie and entertainement for Souldiers so to be imploied 
as aforesaid if there were the like Commission in force. By meanes 



128 A HISTORY OF THE BARONETAGE 

whereof they might have the like proceeding in that behalfe, as the 
rest have had by vertue of the former Commissions KNOWE YE 
THEREFORE that we have appointed you to be our Commissioners 
againe AND doe by these presents give and graunt unto you all 
or unto any eight or more of you (whereof you the said Lord 
Chauncellor or lord privie Scale to be alwaies one) and you the said 
Lord Privie Scale Duke of Lenox, Earle of Notingham our Admirall, 
Earle of Suffolk our Chamberlaine and Earle of Worster Master of 
our horse to be alwaies two who are soe much the more able to 
judge of mens bloud and antiquitie in regard you are Commissioners 
in the Office of Earle Marshall) full free and lawfull power and 
authoritie according to the former instruccions annexed to our said 
former Commissions to commune and treate with any of our loving 
Subjectes whome in like sorte you shall find willing to give such 
paie and entertainement to such nomber of footemen as is aforesaid 
to be imployed in the said service and for such tyme as aforesaid 
And thereuppon to informe your selves of their familie living and 
reputacion. And such and so many of the said persons as you or 
any such eight or more of you as is aforesaid shall finde and approve 
to be in all the respects aforesaid worthie such degree (not exceeding 
in the whole with those alreadie created Baronettes the nomber of 
two hundred which we have covenanted in our former Patentes 
shall not be exceeded but suffered to dimynisse as their issue shall 
faile) to cause everie one of them for himselfe to make payment or 
give good and sufficient assuraunce for the due annswearing of soe 
muche as shalbe sufficient for maintenaunce of Thirtie Souldiers 
footemen after the rate of eight pence a peece by the daie for the 
terme of three yeares as is aforesaid And thereupon to give warrant 
and direccion under any such eight or more of your handes as is 
aforesaid unto our Attorney or Sollicitor generall for the drawing 
upp of severall Bills and grauntes to passe from us to all and everie 
such person and persons as shalbe soe approved by you or any such 
eight or more of you as is aforesaid for the making and creating of 
everie such person Baronett with all priviledges of precedencie place 
title and all other things thereunto belonging according to the 
President of the former letters Patentes passed of the same dignitie 



EARLY HISTORY 129 

and with such addicions as are by our declaracion and ordinaunce 
since graunted and expressed . . . ey shall desire the same. And 
these presentes together with such warrant and direccion of you or 
any such eight or more of you as is aforesaid shall be from tyme to 
tyme to our said Attorney and Sollicitor generall for the tyme being 
sufficient warrant for the drawing upp and subscribing of everie 
such Bill or graunt to passe from us according to the true meaning 
of these presentes AND OUR WILL and pleasure is that our Attorney 
or Sollicitor generall shall drawe ingrosse and subscribe the bills and 
grauntes to be made of the said Dignitie of Baronett according to 
the direccion and warrant of you or any such eight or more of you 
as is aforesaid. And the Bills and grauntes soe drawne ingrossed 
and subscribed with the handes of our Attorney or Sollicitor generall 
or either of them shalbe a sufficient warrant and discharge to you 
our said Commissioners to subscribe likewise to the said bills or 
grauntes with the handes of any such eight or more of you as is 
aforesaid AND FURTHERMORE for the more speedie and easie passing 
of the grauntes and Letters Patentes to be made of the said Dignitie 
we are pleased and contented And by these presentes for us our 
heires and Successors we doe graunt ordaine and appointe that the 
bills for such Patentes prepared by our said Attorney or Sollicitor 
as aforesaid and signed with the handes of you or any such eight or 
more of you as is aforesaid shalbe a sufficient and ymmediate warrant 
to the lord Chauncellor of England, our lord keeper of our greate 
Scale of England for the tyme being to passe the same grauntes and 
letters patentes under the greate Scale of England without any other 
or further warrant from us to be had or obteined in that behalf. And 
this our Comission we have made to continewe till the Nyne and 
twentith daie of September next ensuing the date hereof, and then to 
cease and determyne IN WITNES whereof we have caused these our 
letters to be made patentes. WITNES our selfe at Westminster the 
eightenth daie of November in the eleaventh yeare of our Raigne of 
England ffraunce and Ireland and of Scotland the seaven and ffortith 

per ipsum Regem. 

(Endorsed) c A Commission unto the Lord Chauncellor of Eng- 
land Lord Privie Scale and others to treate with Baronettes.' 



1 3 o A HISTORY OF THE BARONETAGE 

A scheme of Silvanus Skory to raise additional funds for 
the Treasury by increasing the sum to be paid by Baronets 
to ^3000, and enlarge their privileges as an equivalent, fell 
through, as evidenced by the following letter (State Papers, 
Domestic Serifs, James /., vol. Ixxx., No. 115) : 

{ MY VERY GOODE LORD, 

c The project of pardons was on foot again but finally defeated 
the last weeke, as likewise Silvanus Scories devise for inlarging the 
priveleges of Baronnets to be no wardes to be justices of peace at 
21 yeres of age, deputie lieutenants at 25 that theyre bodies should 
be free from arrests, w th divers other immunities for w ch theyre rate 
should rise to 3OOO U a man wherby the K s wants might be much 
relieved out of the vanitie and ambition of the Gentrie, he had often 
accesse to his m tie and pleased himself much w th the invention and 
hope that he and his heyres (for this service) should be perpetuall 
chauncellors of that order but after much discussing the busines 
was overthrowne and he dismissed w th a flowte that argentum ejus 
versum est in scoriam et aurum in orichalcum w ch that yt mighte 
be the better understood was thus englished, that his silver was 
turned to drosse and his gold to alchimie. 

'From London this I5th of June 1615. 

c yor Lo ps to commaund 

4 JOHN CHAMBERLAIN.' 

(Addressed) To the right honorable Sir Dudley Carleton Kn*. 

On the 1 3th March 1616 the final Decree of James i. 
relating to the Baronetage was issued, and is as follows : 

'JAMES, by the grace of God, King of England, Scotland, France, 
and Ireland, Defender of the Faith, &c. 

c To all to whom these presents shall come greeting. Know yee 
that whereas We heretofore have ordeined, Erected, Constituted, 
and created the Degree, State, Dignitie, Name, and Title, of 
Baronet ; to continue for ever within this our Realme of England. 
And to that end of our speciall Grace, certaine knowledge, and 



EARLY HISTORY 131 

meere motion have (by our several Letters Pattents, under the great 
Scale of England -, in that behalfe made) conferred the same State, 
Dignitic and Degree of Baronet, upon divers principall Gentlemen 
of this our Kingdome. And thereby severally, and accordingly 
created them Baronets. To have and to hold the same Dignitie, State 
and Degree ; to them and their several heires Males of their severall 
bodies respectively. Together with such place and Precedency, to 
them and to their said heires Males, and to the wives of them, and 
of their said heires Males, and to their eldest sonnes, and other their 
sonnes, and to the wives of their sonnes, and to their daughters, 
with such stile, addition and appellation, to them and to their said 
heires Males : And to their wives, and the wives of their said 
severall heires Males, and with such other priviledges, advantages, 
and covenants, and in such sort, as in and by the said several Letters 
Pattents doth appeare. And whereas also of our further Grace and 
favour, we have by other our Letters Pattents under our great 
Scale of England, bearing date the eight and twentieth day of May, 
in the yeere of our Raigne of England, Fraunce, and Ireland, the 
tenth, and of Scotland, the five-and-fortieth, farther enlarged our 
gracious favour towards the same Baronets, by addition of certaine 
priviledges, preheminencies, and ornaments ; in and by our said last 
recited Letters Pattents made, expressed, and granted ; giving also 
libertie thereby to such Gentlemen, as then were or should be 
created Baronets, to take Letters Pattents accordingly under our 
great Scale of England, to the effect of the same Letters Pattents, 
and of the said former Letters Pattents of creation, jointly and 
severally in such sort, as in and by the same Letters Pattents doth 
and may appeare. We of our Princely favour and gracious dis- 
position, upon all occasions to make knowne, and publish the con- 
tinuance of our favour and good affection, as well towards the 
Gentlemen, whom of our power and grace We have advanced, or 
shall heereafter advance, to the said Degree, as to the Degree it selfe 
being a matter of our owne erection, doe heereby for us our heires 
and successors, not onely ratifie, confirme, allow, and approve of the 
said Dignitie, State, and Degree of a Baronet, so erected by Us as 
aforesaid. And the particuler and severall Letters Patents made by 



1 32 A HISTORY OF THE BARONETAGE 

Us to the severall Gentlemen, whom We have thereby created 
Baronets, together with all the benefits, advantages, rights and 
priviledges of place Precedency : and otherwise by our said severall 
Letters Pattents, to them severally graunted or mentioned to be 
granted : and also all other priviledges, benefits, and advantages ; in 
or by any other our Letters Pattents given, granted, mentioned, or 
intended to them. But also of our speciall Grace and favour, certaine 
knowledge, and meere motion, doe for Us our heires and successors, 
declare heereby that We imitating therein our predecessors and 
progenitors of famous memory, who have had and put in practice 
the power of creating new Degrees amongst their Subjects, have of 
our Regall power and authority erected and ordeined the said 
Degree of Baronet ; and did then and yet intend and doe heereby 
appoint and expresse our will and pleasure to be, and doe graunt for 
Us our heires and successors, that the same Title, Stile, Dignity, 
and Degree, shall be and continue to such Gentlemen, on whom of 
our goodnes and favour We have conferred, and shall heereafter con- 
ferre the same and to every of them, and to the severall heires 
Males, of their severall bodies, and that the said Title, Stile, Dignitie, 
and Degree of Baronet, shall be, and shall be reputed and taken to be 
a Title, Stile, Dignity, and Degree of Dignity Hereditary, meane in 
place betwixt the Degree of a Baron, and the Degree of a Knight. 

And We doe heereby declare that not only such Gentlemen 
as are or heereafter shall be Baronets, as aforesaid : and the heires 
Males of their bodies, and their wives, during their husbands lives, 
shall have and hold such place and Precedency as by our former 
Letters Pattents are granted, mentioned, or intended to them, but 
also their wives after the decease of their husbands, shall during 
their lives have and hold the like place of Precedency, which they 
had and held in their husbands lives according to the manner and 
usage in other Degrees. And forasmuch as the Degree of a Baronet, 
is an Hereditarie Degree in blood, therefore We doe declare ; That 
the eldest sonnes of the same Baronets and their wives, as well 
during their husbands lives as after : And the daughters of the same 
Baronets, the said daughters following next after the said wives of 
the eldest sonnes of the same Baronets, shall have place and Pre- 



EARLY HISTORY 

cedency before the eldest sonne, and the wife of the eldest sonne of 
any Knight of what Degree or order soever : And likewise that the 
younger sonnes of the same Baronets and their wives, as well during 
their husbands lives as after, shall after the same manner have 
place and Precedency next after the eldest sonnes, and the wives 
of the eldest sonnes, and before the yonger sonnes, and before 
the wives of the younger sonnes of any of the Knights aforesaid. 
And our will and pleasure is, and We doe for Us, our heires and 
successors, heereby further grant and appoint, 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, and their wives, 
their eldest sonnes and their wives, their daughters, their yonger 
sonnes, and their yonger sonnes wives, or any of them ; such doubts 
or questions shall be decided and determined, by and according to 
such usuall rules, custome, and lawes, for place Precedency, privi- 
ledge or other matters concerning them as other Degrees of Dignity, 
Hereditary, are ordered and adjudged. And further of our especiall 
Grace certaine knowledge and meere motion, We doe heereby 
declare and expresse our true intent and meaning to have beene, 
and doe heereby promise and graunt for Us, our heires and suc- 
cessors, to and with such Gentlemen as now be, or at any time 
heereafter shall be Baronets ; That so soon as they or any of them, 
shall attaine to the age of one and twenty yeeres. And likewise so 
soone as the eldest sonne or apparant heire Male of the bodies of 
them, or any of them, shall during the life of their Father, or Grand- 
father, attaine to the age of one and twenty yeeres ; and that the 
said Baronets, or the said eldest sonnes or apparant heires Males, 
shall be presented to Us by the Lord Chamberlaine of our houshold, 
or Vice Chamberlaine for the time being, or in their absence by any 
other officer attending upon the person of Us, our heires or suc- 
cessors to be made Knights, that they and every of them shall from 
time to time be made Knights by Us, our heires and successors 
accordingly : Provided neverthelesse that any such eldest sonne of a 
Baronet being made Knight, shall not during his fathers life take 



134 A HISTORY OF THE BARONETAGE 

place of any auntienter Knight. And to the end that such as are, 
or at any time heereafter shall be Baronets, may have upon all 
occasions present use and proofe of these our favours : We are 
farther graciously pleased, that as well such as now are, as also such 
as at any time heereafter shall be Baronets, and every of them shall 
and may at all times heereafter, have and take Letters Patents 
under our great Scale of England, to the effect of the said former 
recited Letters Patents and of these presents. As they shall be 
advised by the learned Counsell to Us, our heires or successors : And 
according to the true intent and meaning heerein, and in our said 
severall Letters Pattents expressed. 
c In witness whereof, &c.' 

The following letter is in the Public Record Office (State 
Papers, Domestic Series, James /., vol. ex., No. 26 : 

' My very goode Lord, 

' a blunt brother of Secretarie Winwods (one Sir Edward Richard- 
son) was knighted this progresse at Sir William Candishes, these and 
such like Knights make baronetts begin to come in request again, 
as of late we have had three or fowre wherof the first was Sir . . . 
Villers eldest brother to the L. of Buckingham a man so careless of 
honor or courting as the King saide he wold scant geve them thanks for 
yt, and dowbted whether he wold accept it. another was Sir James 
Lee atturny of the court of wards : besides Sir William Harvy that 
married the old countesse of Southampton, and younge Hickes sonne 
to Sir Michaell Hicks that comes to yt I know not by what title. 

4 Sir Francis Crane hath three baronetts geven him in considera- 
tion of a project he hath in hand of setting up the making of 
tapistrie and arras. 

'From London the 23rd of August 1619. 

c Yor LoP 8 most assuredly at commaund, 

'JOHN CHAMBERLAIN.' 

On the 22nd December 1622, Thomas Harris of Boreatton, 
in Shropshire, a Master in Chancery, son of Roger Harris, 
a draper of Shrewsbury, and grandson of William Harris, a 



EARLY HISTORY 135 

yeoman of Wheathill, Condover, was created a Baronet. 
This creation was quite contrary to the custom of that 
period, the baronetage being confined to gentlemen of 
descent ; and Captain Thomas Leeke impleaded Sir Thomas 
Harris in the Court of Chivalry, as unworthy of the dis- 
tinction. 

The Earl Marshal reported thereon to the King, who 
thereupon wrote him the following letter (State Papers, 
Domestic Series, James L 3 vol. cliii., No. 54) : 

' Right trusty and right welbeloved Cousin & Councellor, 
c Wee greete you well : Wee have considered of yor report made 
unto us in the case of Sir Thomas Harris Baronet, and doe give 
good allowance unto that which you have allready done, and because 
wee doe thereby perceive that many particulars alleadged by either 
party doe rest upon further proofs and that this cause may concerne 
Sir Thomas Harris in the right of his inheritance, wee cannot but 
commend your care in proceeding therein with all caution & 
circumspection and therefore wee doe hould it fitt that if the Peti- 
tioner Leeke doth intend to prosecute the same to sentence that he 
doe formally proceede according to the custome & usage of the 
Court Marshall as you shall direct, provided that there be respect 
had to the paynes allready taken, & that such things as have been 
confessed & agreede upon may not be without fruite, but stand good 
for directing yor judgment in the sentence, whereunto our pleasure 
is that you doe juditially proceede if either of the sayd partyes shall 
require the same at yor hands j and we doe further signifie unto you 
that in the institution of Baronets our true intent and meaning was 
& yett is, that no person whatsoever should be advanced to that 
degree unless he were a person of undoubted gentrye, and descended 
at least from a Grandfather who was a Gentleman, & that noe 
supernumerary person should be admitted to be a Baronett above the 
number of two hundred mentioned in our Letters Patents : willing 
and commanding you that whensoever you shall finde any promoted 



136 A HISTORY OF THE BARONETAGE 

to that place contrary to our intent and meaninge before expressed 

you doe juditially proceede to their actuall degradation, that soe no 

well deserving person may have just cause of complaint. Given &c. 

(Endorsed) 'October 16 1623. 

< His Ma tes letter to the Earle Marshall concerninge 

1 Sir Thomas Harris a Barronnett, &c.' 

The following letter from Sir George Paul appears in 
vol. clxxxv. of the same series, No. 9 1 : 

'SIR, 

'Concerning the Complaintes made by Capten Leake unto my 
Lord Duke & his Graces referrence thereof unto Mr. Comptroller 
& other his Commissioners wee accordingly mett about the busines 
& gave warning both to Mr. Harris Sir Thomas his sonne & Capten 
Leake to be present. The Capten execused himself by a private 
letter to Mr. Comptroller But Mr. Harris accompanied with one 
of the Herallds, made good proofe of his fathers pedigree & gentry, 
aswell by entry in the office of Armes, in a visitacion of Shropshire 
made in anno 1585 as by diverse deedes with Scales of Armes, 
Coppies of Courte Rolles & other autentique writinges & proofes 
from the I3th of Edward the fourthe unto the yeare of our lord 
God 1623 At what time nine of the Cheife heralds of the King- 
dome subscribed their names unto the said pedigree in testimony of 
the truth thereof which gave us soe good satisfaccion, that wee then 
resolved what to have done & soe much the rather because it appeared 
unto us, by the Lord Keepers subscription to a peticion exhibited 
by Leake against Sir Thomas Harris, that the said peticion was false 
& scandalous & indiscreete in the highest degrie, as the peticioner 
himself was reported to bee : But Sir there hath since that tyme 
of our meetinge bin (as I heare) another stoppe made by Sir Raphe 
ffreeman to whom for his better satisfaccion I have written at large 
to the ende hee might also salve the wounde which hee hath made. 
And soe in hast I take my leave, & rest. 

c Yor assured loving frind to Com. 

c From Lambeth the xx th c GEO. PAULE. 

of March 1624.' 



EARLY HISTORY 137 

Sir Thomas Harris ultimately presented the following 
petition to the King, which sufficiently shows what had 
taken place in the interval (State Papers, Domestic Series, 
James /., vol. clxxxv., No. 92) : 

' To THE KYNGS MOST EXCELLENT MA TIE . 

'The humble peticion of Sir Tho. Harris Baronett. Sheweth 
that whereas about twelve yeres last past it pleased yor ma tie to 
graunt a Commission to ye lordes of ye Councell gyving them 
power to elect to the nomber of 200 Baronettes & to graunt 
warrantes for the passing of ther patentes under the greate Scale 
with provision or limitacion thearin that ech of them so to be 
elected shold be such as had landes of looo 1 * per annum & had 
taken oath that he gave nothing for the same but what should be 
expressed in the patent & whose grandfather bare armes which 
commission was to endure for a certaine time After the ex- 
piracion whearof yor ma tie by yor highnes letters patentes out of 
yor highnes prerogative being ye supreame Judge & fountaine of 
all honor did absolutely graunt the said dignity unto divers persons 
any statut law ordinance or provision made to ye contrary thearof 
notwithstandinge and among others it pleased yor ma tie by yor 
highnes letters patentes dated in Dec. 1622 to graunt the said 
dignity unto yor petitioner upon ye humble suite & recommenda- 
cion of the Right ho ble the Erie of Anglesea albeit your petitioner 
had a certificat from ye heraldes of armes unto the Right ho ble ye 
Earle Marshall that yor petitioner was a gent, of 3 discentes & bare 
for his armes or 3 hedghoggs azure and the said Erie Marshall did 
certify somuch unto yor ma tie . 

' But so it is may it please yor ma tie that one Simon Leake gent, 
whom yor petitioners sonne did imploy & use as an agent in 
obteyning of the sayd letters patentes and to whom yor said peti- 
tioner's sonne did gyve for his paynes thearin 30^ more then he had 
agreed to gyve him according to the articles made betweene them 
ready to be shewed which said Leake alone procured the said Certi- 
ficates from the Earle Marshall and Herrolds and payed the fees 



138 A HISTORY OF THE BARONETAGE 

thearof to each of them yett the sayd Leak contrary to his owne 
acte by the procurement of some Knightes yor petitioner's neigh- 
bours themselves disdayning the said dignity and yet envying others 
soe dignifyed did exhibitt and prosecute a suite in the Cort of 
Chivalry against yor petitioner for a supposed undue procuring of 
the said Certificate from the sayd Herrolds and for the bearing of the 
sayd Armes and also for the Quartering of some other armes In 
which suite yor pet r conceaving some hard measure to be offred 
him and also for that he legaly tendring into the sayd Cort certaine 
pleas and exhibites the same were disallowed thearuppon yor pet r by 
the advise of his Councell did appeale from the said Cort according 
to the ancient presidentes thearof unto yor Ma tie in yor highnes 
Cort of Chauncery, and exhibited his peticion unto the Right ho ble 
the Lord Keeper for a Comission of Appeale The consideration of 
which petition the Lord Keeper referred unto yor Highnes Attorney 
and Solicitor who uppon long serch of recordes and presidentes in 
the Tower made theyr Certificat unto the Lord Keeper for the 
approving of the said appeale to be just and lawfull but the same is 
not yet granted depending which appeale the sayd Leake did exhibit 
a scandelous peticion unto the sayd Lord Keeper to impugne the 
granting of the said Comission of appeale for which his Lordship 
severely reproving him as may appeare by the Answere unto the 
said peticion yet the sayd Leake before the validity of the said 
appeale was decided (being a president for future ages) and also well 
knowing that yf yor petitioner his Councell or Proctor did appeare 
or speak in the said cause in the Cort of Chivalry during the tyme 
of the sayd appeale that then he should utterly overthrowe the 
same and loose the benifitt thearof did notwithstanding proceede 
in the sayd Cort of Chivalry and procured a sentence in the sayd 
Cort of Chivalry by default against yor pet r who cold not appeare 
or make any defence thearunto howbeit yor pet r doth not doubt 
but to make sufficient proof of his gentry whensoever he shall be 
legally called thearunto both by Charters of yor highnes ancestors 
and diverse deeds records and Cort Rolles from the 13 of Edward 
the 4 th as also by severall bookes in the office of armes all which 
were truly drawne out and extracted by the 3 Kings and sixe others 



EARLY HISTORY 139 

of the officers of armes as may appear by yor pet rs pedegree ready 
to be shewed and subscrybed by them under their handes which 
they are ready to justify and mainteyne to be good and sufficient 
either before yor Ma ties or any others indifferent judges whom yor 
Ma tie shall please to nominate or appoint. 

< Thearfore yor petitioners humble suite unto yor Ma tie is that 
yor Ma tie wold be pleased to suffer the Lord Keeper to 
graunt the sayd Comission of appeale according to the 
sayd Certificat of yor highnes Attorney and sollicitor in 
that behalfe made whearby yor pet r may reverse the said 
sentence pronounced against him in the sayd suite against 
him by the sayd Leak. In which suite uppon full open- 
ing thearof as yor pet r is assured by his Councell yor pet rs 
gentry will not come in question although yor pet r will 
endeavour the same And yor pet r as in duty bound shall 
ever pray for yor excellent Ma tie . 
(Endorsed) * R. 27 Martii 1625. A Draught of Mr. Harris 

pet n to his Ma tie concerning the busines between him & 

Capt. Leake.' 

As a result the Baronetcy remained in the family, Sir 
Thomas transmitting the honour to his son and heir, Sir 
Paul, who served the office of High Sheriff of Shropshire 
in 1637. The Baronetcy became extinct in 1685. 

The dispute over the creation of this Baronetcy is a 
further proof, if any were needed, of the social position 
demanded of those on whom the dignity was conferred, and 
how shocked were the feelings of the age when it imagined 
that it had been given to a person not possessed of the 
essential attributes of a gentleman by birth ; namely, the 
being descended at the least from a grandfather who bore 
hereditary coat armour, as well as being the owner of a 
considerable income derived from his own broad acres. 



1 40 A HISTORY OF THE BARONETAGE 

The Baronetage received a great accession to its numbers 
from Charles n., which was only natural, considering the 
events which had taken place between the death of his royal 
father and his own restoration. About this time the pay- 
ment of the fees, commonly called the Ulster fees, and other 
charges necessarily incident to the passing of Patents began 
to cease. In many instances the heads of some of the most 
distinguished families in the kingdom received the degree 
as a reward for the losses and sufferings they had gone 
through and for their services rendered during the rebellion. 
This remission of fees was made by special warrant from 
the King, expressed in honourable terms. The warrant was 
issued by the King, directed to the Treasurer, Chancellor, 
Under-Treasurer, and Barons of the Exchequer, to cause a 
tally to be struck in the Exchequer purporting the payment 
thereof (the ancient form being still retained in the Patent) 
as if it had actually been paid, and then the officials had their 
quietus out of the Exchequer for the same. 



CHAPTER IV 

THE EARLY HISTORY OF THE BARONETAGE OF 
SCOTLAND AND NOVA SCOTIA 

ON the 5th March 1496, John Caboto, a Venetian resident 
in Bristol, and his three sons obtained from Henry vn. 
letters patent for a voyage of discovery, as a result of which 
they reached the Island of Newfoundland on the 24th June 
1497. Nearly a century later, Sir Humphrey Gilbert, under 
a patent granted by Queen Elizabeth, took possession of 
Newfoundland; and various settlements were subsequently 
attempted. 

Early in 1621, Sir William Alexander of Menstrie, 
Viscount, and afterwards Earl of Stirling, who followed 
James the Sixth of Scotland to London, and who, after 
holding various offices, had been made Master of Requests 
for Scotland, became interested in the English settlements 
in Virginia or New England, and resolved to embark in 
colonial adventure on his own account. 

He accordingly obtained from James i. the grant of a 
large and extensive territory on the mainland, to the east of 
the river St. Croix, and south of the St. Lawrence, ' lying 
between our Colonies of New England and Newfoundland ' 
as a foreign plantation. 

On the 5th August 1621, the King addressed a letter 



141 



142 A HISTORY OF THE BARONETAGE 

from Beauvoir on this subject to the Lord Chancellor and 
the other members of the Privy Council of Scotland, and 
accordingly the Royal Warrant or signature for a Charter 
was prepared and signed by the King at Windsor on the 
loth September 1621, and on the 29th of the same 
month the Charter under the Great Seal was duly passed 
and registered. 

In this Charter Sir William Alexander had almost un- 
limited privileges and liberties conferred on him as the 
King's hereditary Lieutenant-General, the lands of New 
Brunswick, Nova Scotia, Cape Breton, Prince Edward's 
Island, Gaspe, Anticosti, and all the adjacent islands being 
erected into one whole and free lordship and regality in 
favour of Sir William. 

A similar Charter was granted on the 8th November 
1621 to Sir Robert Gordon of Lochinvar and his second 
son Robert, with the view of promoting colonisation. 

Late in 1622, Sir William Alexander, after considerable 
trouble in persuading suitable persons to set out for un- 
known lands, came within sight of the shore near Cape 
Breton ; but owing to storms, some of the company passed 
the winter in St. John's Harbour, Newfoundland, sending 
the vessel home for new supplies. The following year no 
better success was obtained, and the proposed establishment 
of a Colony was postponed, and the company returned to 
England. 

The following year Sir William Alexander published a 
tract called 'An Encouragement to Colonies,' which, in 
1630, six years later, was reissued under the title of 'The 



EARLY HISTORY 143 

Mapp and Description of New England ; together with A 
Discourse of Plantation, and Collonies also A relation of 
the nature of the Climate, and how it agrees with our owne 
Country England.' At the conclusion of this tract Sir 
William stated that no one man could accomplish such an 
undertaking by his own private fortunes ; but that ' if it 
shall please his Majestic (as he hath ever beene disposed 
for the furthering of all good Works more for the benefit 
of his Subjects, then for his owne particular) to give his 
hclpe accustomed for matters of lesse moment hereunto, 
making it appeare to be a Worke of his own, that others 
of his subjects may be induced to concurre in such a 
common cause, no man could have had my charge that 
with more affection and sinceritie should have used his 
endevours for discharging of the same, but I must trust 
to be supplyed by some publike helps, such as hath beene 
had in other parts, for the like cause whereunto, as I doubt 
not, but many will be willing out of the noblenesse of their 
disposition, for the advancing of so worthy a Worke, So 
I hope will some others, the rather out of their private 
respect to me, who shall continue as I have heretofore 
done, both to doe and write in so farre, so meane an 
abilitie as mine may reach, what (I conceive) may prove 
for the credit or benefit of my Nation, to whom I wish all 
happinesse.' 

The personal influence of Sir William with the King 
caused him to approve of the scheme of creating in Scotland 
an hereditary dignity under the title of Knights Baronets of 
Nova Scotia, by means of a scheme similar to that which 



i 4 4 A HISTORY OF THE BARONETAGE 

had proved successful for colonising the districts in the 
province of Ulster. James, in fact, was so pleased with the 
idea that he addressed the following letter to the Privy 
Council of Scotland : 

TROM His MAJESTIE ANENT BARONETTIS. 

'[JAMES R.], 

Right trustie and welbeloved Counsellour Richt 
trustie and welbeloved Cosens and Counselled- and trustie and weil- 
beloved Counsellours We greate you weill The Letter ye sent 
giving us thankes for renueing of the name of that our ancient King- 
dome within AMERICA intreateing our favour for the furthering of 
a Plantatioun ther, was verie acceptable unto us and reposeing upoun 
the experience of uthers of cure subjects in the like kinde We ar 
so hopefull of that enterprise that We purpose to make it a worke 
of oure Owne And as We wer pleased to erect the honour of 
KNICHT BARRONETTS within this oure Kingdome for advancement 
of the Plantatioun of Ireland, So We doe desire to conferr the like 
honour within that our Kingdome upoun suche as wer worthie of 
that degree and will agree for some proportioun of ground within 
NEW SCOTLAND fumisheing furth such a number of persones as salbe 
condiscended upoun to inhabite there Thus sail both these of the 
cheife sorte (avoydeing the usuall contentions at publick meetings) 
being by this Heredetarie honour preferred to others of meaner 
qualitie know ther owne places at home and likwyse sail have ther 
due abroad from the subjects of our other countreyis accordeing to 
the course apointed for that our ancient Kingdome And the 
mentioning of so noble a cause within ther Pattents sail both serve 
the more by suche a singular merite to honour them and by so 
goode a ground to justifie our judgement with the posteritie But 
thouch the conferring of honour be meerely Regall and to be done 
by Us as We please yet We would proceed in no matter of such 
moment without youre advyse OUR PLEASURE is haveing considered 
of this purpose if ye find it as We conceive it to be both fitt for the 
credit of that Our Kingdome and for the furtherance of that 



EARLY HISTORY 



'45 



intended Plantatioun that ye certifie us your opinione concerning 
the forme and conveniencis thairof, togither withe your further 
advyce what may best advaunce this so worthie worke which We 
doe verie muche affect but will use no meanes to induce onie man 
thereunto further then the goodnes of the busines and his awne 
generous dispositione shall perswade Neither doe We desire that 
onie man salbe sent for or travelled with by you for being Barronet, 
but after it is founde fitt will leave it to their owne voluntarie 
choise, not doubteing (howsoever some for want of knowledge 
may be averse) but that ther wilbe a greater nomber than we 
inttend to make of the best sorte to imbrace so noble a purpose 
whereby bothe they in particular and the whole Natione generally 
may have honour and profite And We wishe you rather to thinke 
how remedies may be provyded against any inconveniencies that 
may happin to occure then by conjecturing difficulties to loose so 
faire and unrecoverable occasioun whiche other Nations at this 
instant are so earnest to undertake. And for the better directinge 
of your judgement We have appointed ane printed copie of that 
Order quhiche was taken concerning the Barronettis of this our 
Kingdome to be sent unto you as it was published by authoritie 
from Us. So desireing you to haste back your ansueire that We 
may signifie our further pleasure for this purpose We bid you 
Fairweill. From Our Courte at Roystoun the 18 day of October 
1624.' 

It is doubtful whether the Order referred to in the latter 
part of this letter was ' His Majestie's Commission as 
touching the creation of Baronetts ' published in 1 6 1 1 , or 
{ Three Patents concerning the Honourable Degree and 
Dignitie of Baronets' published in 1617, the contents of 
which have previously been referred to. 

This letter of the King was taken into consideration by 
the Privy Council of Scotland, who, under date of the 
2 jrd November 1624, sent the following reply : 



146 A HISTORY OF THE BARONETAGE 
c To His MAJESTIE ANENT THE BARONETTIS. 

* MOST SACRED SOVERANE, 

c We have considerit of your Majesties letter concerning the 
Barronettis and doe therby persave your Majesties great affectioun 
towards this your ancient Kingdome and your Majesties most 
judicious consideratioun in makeing choise of so excellent meanes 
both noble and fitt for the goode of the same, wherein seeing your 
Majestic micht have proceidit without our advyce, and unacquenting 
us with your Majesties royall resolutioun therein, we ar so muche 
the more boundin to rander unto your Majestic our most humble 
thankes for your gracious respect unto us not onlie in this but in all 
uther thinges importeing this estate outher in credite or profit. And 
we humblie wisse that this honour of Barronet soukl be conferrit 
upoun none but upon Knichtis and Gentlemen of chiefe respect for 
their birth, place or fortounes, and we have taken a course by Pro- 
clamatioun to mak this your Majesties gracious intentione to be 
publicklie knowen that non heirafter praetending ignorance take 
occasion inwardlie to compleyne as being neglected bot may accuse 
thameselffis for neglecting of so fair ane opportunitie And whereas 
we ar given to understand that the country of NEW SCOTLAND 
being dividit in twa Provinces and cache province in severall Dioceises 
or Bishoprikis, and cache diocese in thrie Counteyis, and cache 
countey into ten Baronyis, everie baronie being thrie myle long upon 
the coast and ten myle up into the countrie, dividit into sex parocheis 
and cache paroche contening sax thousand aikars of land and that 
everie Baronett is to be ane Barone of some one or other of the saids 
Barroneis and is to haif therein ten thowsand aikars of propertie 
besydis his sax thousand aikars belongeing to his bur* (burgh) of 
baronie To be holdin free blanshe and in a free baronie of Your 
Majestic as the barronies of this Kingdome ffor the onlie setting 
furth of sex men towardis your Majesties Royall Colonie armed, 
apparelld, and victuald for two yeares And everie Baronet paying 
SIR WILLIAM ALEXANDER Knicht ane thousand merkis Scottis 
money only towards his past charges and endevouris Thairfore our 
humble desire unto your Majestic is that care be taken by suirtie 
actit in the bookis of Secreit Counsall, as was in the Plantatioun of 



EARLY HISTORY 147 

Ulster that the said nomber of men may be dewlie transported 
thither with all provisions necessar and that no Baronet be maid but 
onlie for that cause And by some such one particular course onlie 
as your Majestic sail appointe And that Articles of Plantatioun 
may be set furth for encourageing and induceing all others who hes 
habilitie and resolutioun to transport themselffis hence for so noble 
a purpose. 

* Last we consave that if some of the Englishe who ar best 
acquainted with such forrayn enterpreises wald joyne with the saids 
Baronetts heir (as it is liklie the lyker conditioun and proportioun 
of ground wald induce thame to doe) That it wald be ane grite 
encouragement to the furtherance of that Royall worke quhilk is 
worth[ie] of your Majesties care And we doubte not sindrie will 
contribute their help heirunto. So exspecting your Majesties forder 
directioun and humblie submitting our opinione to your Majesties 
incomparable judgement We humblie tak our leave prayeing the 
Almichtie God to blisse your Majestic with long and happie Reigne. 
From Edinbrugh the 23 of November 1624.' 

This letter is signed by twelve Members of the Privy 
Council, and a week later was issued a Proclamation of the 
Council announcing the King's resolution on the ist of 
April the following year to proceed to the creating and 
ranking of the one hundred Baronets referred to, and the 
Knights and Esquires who were to receive the honour were 
directed to appear previously to that day and have their 
names enrolled in the Books of the Privy Council. The 
following is the text of the Proclamation : 

* PROCLAMATIOUN ANENT BARONETIS. 
* Apud Edinburgh ultimo die mensis Novembris 1624. 
4 At Edinburgh the last day of November The yeir of God 1600 
Tuentie four yearis Our Soverane Lord being formarlie gratiouslie 
pleased to erect the heritable honnour and title of ane Baronet as 
ane degree, state and place nixt and immediatlie following the 



148 A HISTORY OF THE BARONETAGE 

younger sones of Vicounts and Lordis Baronis of Parliament as ane 
new honnour whairwith to rewaird new meritis Haveing conferrit 
the same honnour place and dignitie upoun sundrie of the Knights 
and Esquhyris of Ingland and Ireland to thame and thair airis maill 
for ever In consideratioun of thair help and assistance toward that 
happie and successfull plantatioun of ULSTER IN IRELAND To the 
grite strenth of that his Majesties Kingdome, incresse of his Hienes 
revenues and help to manie of his Majesties goode subjects And 
quhairas our said Soverane Lord being no les hopefull the plantatioun 
of NEW SCOTLAND in the narrest pairt of America alreadie discovered 
and surveyed be some of the subjects of his Majesties Kingdome of 
Scotland joyning unto NEW INGLAND quhairin a grite pairt of his 
Hienes nobilitie, gentrie, and burrowis of Ingland ar particularlie 
interessed and hes actuallie begun thair severall Plantations thairof 
And for that conceaving that manie his Majesties subjects of this 
his ancient Kingdome emulating the vertews and industrious inter- 
pryssis of utheris And being of bodies and constitutionis most able 
and fitt to undergo the Plantatioun thairof and propagatioun of 
Christiane relligioun will not be deficient in anie thing quhilk may 
ather advance his Majesties Royall intentioun towards that Planta- 
tioun or be beneficiall and honnourable to this his Hienes ancient 
Kingdome in generall or to thameselfis in particular The samyn 
being ane fitt, warrandable and convenient means to disburding this 
his Majesties said ancient Kingdome of all such younger brether and 
meane gentlemen quhois moyens ar short of thair birth worth or 
myndis who otherwayes most be troublesome to the houses and 
freindis from whence they ar descendit ( the common ruynes of 
most of the ancient families) Or betak thameselfis to forren warke 
or baisser chifts to the discredite of thair ancestouris and cuntrey 
And to the grite losse of manie of his Majesties goode subjects who 
may be better preservit to his Hienes use, honnour of thair freindis, 
and thair awne comfort and subsistance Gif transplantit to the said 
cuntrey of NEW SCOTLAND, most worthie and most easie to be 
plantit with christiane people and most habill by the fertilitie and 
multitude of commodities of sea and land, to furnish all things 
necessarie to manteine thair estaitis and dignitie as Landislordis 



EARLY HISTORY 149 

thairof and subjects to his Majestic to be governed by the Lawis of 
this his ancient Kingdome of Scotland And our said Soverane Lord 
being most willing and desyreous that this his said ancient Kingdome 
participate of all such otheris honnouris and dignities as ar erected in 
anie of his Majesties others Kingdomes To the effect that the 
Gentrie of this his Hienes said ancient Kingdome of Scotland may 
both haif thair dew abroad amonge the subjects of utheris his 
Majesties Kingdomes and at home amonge thameselffis according to 
thair degree and dignitie As alsua his Majestic being most graciouslie 
pleasit to confer the said honnour of heretable Baronet as ane 
speciall mark of his Heighnes princelie favour upoun the Knights 
and Esquyris of principall respect ffor thair birth worth and fortouns 
Togidder with large proportionis of Landis within the said cuntrey 
of NEW SCOTLAND who sail be generouslie pleasit to set furth some 
men in his Hienes Royal Colonie nixt going thither for that planta- 
tioun. THAIRFORE his Majestic ordanis his Hienes lettres to be direct 
chargeing Herauldis Pursevantis and Messengeris of Armes to pas to 
the mercat Cros of Edinburgh and utheris placeis neidfull and thair 
be oppin proclamatioun to mak publicatioun of the premises And 
that it is his Majesties princelie pleasure and expres resolutioun, to 
mak and creat the nomber of Ane hundreth heretable Baronettis of 
this his Hienes Kingdome of Scotland be patentis under his Majesties 
grite scale thairof Who and thair airis maill sail haif place and pre- 
cedencie nixt and immediatlie after the youngest sones of the 
Vicounts and Lordis Barrounis of Parliament and the addition of the 
word SIR to be prefixed to thair propper name and the style and the 
title of BARONETT subjoyned to the surname of everie ane of them 
and thair airis maill Togither with the appellatioun of Ladie, 
Madame, and Dame, to thair Wyffis in all tyme comeing with pre- 
cedencie befoir all others Knights alsweill of the Bath, as Knights 
Bachelouris and Bannarettis (except these onlie that beis Knighted 
be his Majestic his airis and successouris in proper persone, in ane 
oppin feild with banner displayed with new additioun to thair armes 
and haill utheris prerogatives formarlie grantit be oure said Soverane 
Lord to the saidis Barronettis of Ingland and Ireland Conforme to 
the printed patent thairof in all poynts And that no persone or 



150 A HISTORY OF THE BARONETAGE 

personis whatsumevir sail be created and maid Barronetts hot onlie 
such principall Knights and Esquyris as will be generouslie pleasit to 
be Undertakeris of the said Plantatioun of NEW SCOTLAND And for 
that effect to act thameselfis or some sufficient cautioneris for thame 
in the buikis of Secreit Counsaill befoir the first day of Apryll nixt 
to come in this insueing year of God 1600 Tuentie fyve yearis To 
sett furth sex sufficient men artificeris or laboureris sufficientlie 
armeit apparrelit and victuallit for tua yeiris towards his Majesties 
Royall Colonie to be established God willing thair for his Hienes 
use dureing that space And that within the space of yeir and day 
efter the dait of the said Actis under the pane of tua thowsand 
merkis usuall money of this real me As also to pay to SIR WILLIAM 
ALEXANDER Knight Maister of Requests of this Kingdome and 
Lieutenant to his Majestic in the said Cuntrey of NEW SCOTLAND 
the sowme also of ane thowsand merkis money foirsaid for 
his past chargeis in discoverie of the said Cuntrey and for sur- 
rendering and resigning his interest to the saidis Landis and 
Barronies quhilks ar to be grantit be our said Soverane Lord 
to the saidis Barronettis and everie one of thame To be halden 
in frie blensh of his Majestic his airis and successouris as frie 
Barronies of Scotland in all tyme comeing And as of the Crowne 
of the samyne Kingdome and under his Hienes grite scale thairof 
without onie other fyne or compositioun to be payit to his Majestic 
or his hienes thesaurar for the tyme thairfore. Quhilkis barronies 
and everie one of thame sal be callit be suche names as seemes 
meetest to the saids Barronetts And sail border on the sea coast or 
some portative river of the said Cuntrey and conteine threttie thow- 
sand aikers quhairof sextene thowsand aikers is intendit for everie 
one of the saidis Baronetis thair airis and assignayis quhatsumevir 
with ane Burgh of Barronie thairupoun And the remanent four- 
tene thowsand aikeris for such other publick use and uses as for the 
Crowne, Bishops, Universities, Colledge of Justice, Hospitals, Clargie, 
Phisitiounis, Schools, Souldiouris and utheris at lenth mentionat in 
the Articles and Plattforme of the said Plantatioun And forder 
that his Majesties will and pleasure is That publict intimatioun be 
maid as afoirsaid To all the saidis Knights and Esquyris who desyris 



EARLY HISTORY 151 

to accept the said dignitie of Baronett and Baronie of Land upoun 
the conditionis above exprest that betuix and the first day of Apryle 
nixt to come they repair in persoun or by some Agent sufficientlie 
instructed to the Lordis of his Majesties privie Counsall or to suche 
as sal be nominat be his Hienes and intimat to thame be the saidis 
Lordis to inroll thair names and ressave forder informatioun fra 
thame concerning the said plantatioun and for passing of thair 
infeftmentis and patents accordinglie And sicklyk that all otheris 
personis who intendeth not to be Barronetts and that hath suche 
affectioun to his Majesties service as they will also be Undertakers 
of some proportionis of Land in NEW SCOTLAND (as the nobilitie 
gentrie and burrowis of Ingland hath done in New Ingland) may 
herafter tak notice of the printed Articles of the Plantatioun of 
New Scotland and informe thameselfis by all laughfull wayes and 
meanis thairof With certificatioun to all his Majesties lieges and 
subjects that immediatlie after the said first day of Apryle nixt to 
come Our said Soverane Lord will proceid to the creatioun and 
ranking of the saidis Barronettis, and passing of thair patents and 
infeftments without respect to ony that sail happin to neglect to cum 
in before the said day who ar heirby requyrit to tak notice heirof 
and inroll thair names that thair neglect may be rather imput unto 
thameselfis then to his Majestic who is so graciouslie pleasit to make 
offer to thame of so fair ane occasioun of heretable preferment 
honnour and benefite.' 

No copy of the printed Articles of the Plantation of New 
Scotland referred to in the above proclamation has ever been 
discovered. 

On the i yth March 1625, P r i nce Charles addressed to the 
Privy Council the following letter : 

<ANENT BARONETTIS 

'CHARLES P., 

c Right trustie and right welbeloued Cosens and Counsellouris 
and right trustie and welbeloued Counsellouris, Whereas it hath 
pleased the Kingis Majestic in favour of the Plantatioun of NOVA 



152 A HISTORY OF THE BARONETAGE 

SCOTIA to honnour the Undertakeris being of the ancientest gentrie 
of Scotland with the honnour of Barronetts and thairin haif trusted 
and recommendit SIR WILLIAM ALEXANDER of Menstrie to his 
Counsell to assist him by all laughfull meanis and to countenance 
the bussienes by their authoritie. In like maner We do recommend 
the said Sir William and the bussines to your best assistance hereby 
declairing that we favour bothe the bussines and the persone that 
followeth it in suche sort That your willingness to further it in all 
you can sail be unto us very acceptable service So We bid you 
hartelie farewell. From the Court at Theobalds, the 1 7 of Marche 
1625.' 

On the 23rd March 1625, the King addressed another 
letter to the Privy Council, of which the following is a 
copy :- 

c ANENT BARONETTIS 

'JAMES R., 

* Right trustie and welbeloued Counsellour Right trustie and 
welbeloued Cosens and Counsellours and trustie and welbeloued 
Counsellours We greete you weele We persave by your letters 
directit unto us what care you haif had of that bussienes which 
We recommendit unto you concerning the creatting of KNIGHT 
BARONETTIS within that our Kingdome for the Plantatioun of New 
Scotland, and ar not onlie weele satisfied with the course that you 
haif taikin thairin but likewayis it doeth exceidinglie content ws 
that We haif so happielie fund a meanis for expressing of our affec- 
tioun towards that our ancient Kingdome as we find by the consent 
of you all so much tending to the honnour and proffite thairof, and 
as we haif begun so we will continue requireing you in like maner 
to persevere for the furthering of this Royall work that it may be 
brought to a full perfectioun And .as you haif done weele to warne 
the auncient Gentrie by Proclamatioun assigneing thame a day for 
comeing in and that you are carefull to secure that which they sould 
performe Our pleasure is to this end that this bussienes may be 
carried with the lesse noice and trouble that everie ane of them that 
doeth intend to be Baronet give in his name to our trustie and wel- 



EARLY HISTORY 153 

beloued SIR WILLIAM ALEXANDER Knight our Lieutennant for that 
enterprise or in cais of his absence to our trustie and welbeloued 
Counsellour SIR JOHN SCOTT Knight that one of thame after the 
tyme appoyntit by the Proclamatioun is expyred may present the 
names of the whole nomber that ar to be created unto thame 
whome We sail appoynt Commissionaris for marshalling of them in 
due ordour And becaus it is to be the fundatioun of so grite a 
work bothe for the good of the Kingdome in generall and for the 
particular enterest of everie Baronet who after this first protec- 
tionarie Colony is seatled for secureing of the cuntrey may the 
rather thairefter adventure for the planting of their awne propor- 
tioun whiche by this meanis may be maid the more hopefull That 
the sinceritie of our intentioun may be seen Our further pleasure 
is that if any of the Baronettis sail chuse rather to pay two thowsand 
merkis than to furnishe furth sex men as is intendit that then the 
whole Baronettis mak chois of some certaine persones of thair 
nomber to concurr with our said Lieutennant taking a strict course 
that all the said monie be onlie applied for setting furth of the 
nomber intendit or at the least of so many as it can convenientlie 
furnishe And as we will esteeme the better of suche as ar willing 
to imbrace this course so if any do neglect this samine and sue for 
any other degree of honnour hereafter We will think that they 
deserve it the lesse since this degree of Baronet is the next steppe 
unto a further And so desiring you all to further this purpose als 
far as convenientlie you can We bid you Farewell, from our Court 
at Theobaldes, the 23 of Marche 1625.' 

On the 2yth of March, four days after the date of this 
letter, James i. died at Theobalds. At the close of the 
Charter or original Patent granted to Sir William Alexander, 
dated the loth September 1621, already referred to, the 
King had engaged that all the privileges and liberties it so 
bountifully conferred should be ratified, approved, and con- 
firmed by the following Scottish Parliament. Parliament, 
however, did not meet again during the lifetime of the King. 



154 A HISTORY OF THE BARONETAGE 

It was clear, however, from his letter of the 2jth March, 
the date of his Royal father's death, that Charles i. was not 
likely to let the scheme drop; and on the 28th of May 
following he raised Sir Robert Gordon, the second son of 
the Earl of Sutherland, to the dignity of a Baronet of Scot- 
land and Nova Scotia. Sir Robert thus became the premier 
Baronet of this branch of the dignity ; and on the resigna- 
tion of Sir William Alexander, his grant of sixteen thousand 
acres of land in Nova Scotia was erected upon the Free 
Barony and Regality of Sir Robert Gordon, in favour of 
himself, his heirs male, and assignees whomsoever. 

This Royal Charter, which was twice ratified and con- 
firmed by Acts of the Parliament of Scotland, namely, on 
the 3 ist July 1630 and the 28th June 1633, which was 
recognised as valid by William in. under a Royal Warrant 
in 1698, and which is secured under the clause in the Act 
of Union in 1707, by which it is irrevocably settled and 
declared, that ' No alteration shall be made in the laws which 
concern private rights in Scotland, except for the evident 
utility of the subject within Scotland,' was made, by sub- 
sequent instruments under the Great Seal, the regulating 
Charter for the Baronets of Scotland and Nova Scotia. 
Although it is printed at length in Chapter n., yet as it is 
in Latin, it may be convenient to give an abstract in English 
of the rights, privileges, and immunities conferred by the 
Charter. 

ist. Territorial. A grant of 16,000 acres of land in the 
Royal Province of Nova Scotia, as anciently bounded, which 
comprehends Nova Scotia proper, Cape Breton, Anticosti, 



EARLY HISTORY 155 

Gaspe, Prince Edward's Island, and New Brunswick, to be 
incorporated into a full, entire, and free Barony and Regality 
for ever, to be held of the Kingdom of Scotland in blench- 
farm for payment yearly of one penny, if asked only ; the 
said free Barony and Regality to extend three miles in 
length along the sea coast, and six in length inland, with 
gifts of benefices, patronage of churches, fisheries, huntings, 
minerals, mines, pearls, jewels, offices, jurisdictions, and 
power of pit and gallows, as plenary as had ever formerly 
been enjoyed by whatsoever nobleman under the Crown of 
Scotland ; also with express power of planting the said free 
Barony and Regality, and of removing thence from Scot- 
land, or any other country, persons, goods and chattels ; 
with liberty to such persons, their children and posterity, 
to have, hold, acquire, enjoy, and possess, all, and whatso- 
ever, the liberties, privileges, and immunities of children 
and natural-born subjects of the Kingdom of Scotland, and 
the other dominion thereunto belonging, as if they had been 
born in the said kingdom or dominions. 

2nd. Seigneurial. The right and liberty to erect cities, 
towns, corporations, burghs of barony, etc. ; of nominating 
provosts, baillies, justices of the peace, and other municipal 
officers, etc. ; of making such particular laws, ordinances, 
and constitutions as should be deemed expedient for the 
good order and police of the free Barony and Regality, with 
the heritable justiciary and sheriffship of the same ; the 
power of judging and discerning in all causes, as well civil 
as criminal, within the bounds ; of holding Courts of Justi- 
ciary, Sheriff* Courts, Baron and Barony Courts, and Courts 



156 A HISTORY OF THE BARONETAGE 

of Free Regality ; of appointing their officers, and of ex- 
acting and appropriating all escheats, amercements, etc. ; 
also of imposing and levying tolls, customs, anchorages, 
etc. etc. 

^rd. Commercial. The right of erecting free ports, har- 
bours, naval stations, etc. ; of building ships, craft, vessels, 
etc., as well for war as merchandise ; of importing and 
exporting from and to Scotland, or any other country, wares, 
merchandise, and commodities of whatever description, for 
payment of the sum of five pounds Scots money of custom 
for every hundred pounds only, without payment of any 
other custom, impost, or duty of any kind ; also, of imposing 
and exacting five pounds for every hundred, on all goods 
imported into Nova Scotia by the Colonists, and ten per 
cent, on all imported by foreigners. 

4/A. Legislative. The right, either personally or by 
deputy, of a suffrage and vote in framing all and sundry 
the laws to be made concerning the public state, good, and 
government of the Royal Province of Nova Scotia, in all 
assemblies, parliaments, synods, councils, and conventions, 
to be called together, convened, or held for that end ; and 
that no person or persons whatsover, who should not be 
heirs of the said free Baronies of Regality, should have vote 
or suffrage in framing whatsoever laws concerning the said 
Province, without the advice, counsel, and consent of the 
Baronets. 

$th. Dignitorial. The hereditary style and title of Baronet, 
with precedency between the degree of free Baron and the 
degree of Lord, and privilege to resolve all questions con- 



EARLY HISTORY 157 

cerning their place and prerogative by the use and practice 
of custom and law, as the other hereditary degrees of dignity, 
are ordained and directed concerning place, prerogative, and 
precedency ; their wives to have and enjoy as Baronetesses 
precedence above the wives of all Knights ; and their eldest 
sons to possess in perpetual succession the right, on coming 
of age, to demand inauguration as Knights of the reigning 
Sovereign, without payment of fees or charges of any kind. 

In addition to these rights and privileges, the Charters of 
the Baronets of Scotland,///?, 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 ; fifthly, 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 
1621 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 William 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. 

c PRECEPTUM CARTE fact, per S. D. N. Regem predilecto suo con- 
sanguineo Willielmo 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 meridional! 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 Allexander 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 future 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 SignetumS 

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 



160 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 161 

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 i pth 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 

c CHARLES R., 

'Right trustie and right welbeloued counsellour, right trustie 
and right welbeloued cosens and counsellouris, and trustie and 
welbeloued counsellouris, WL 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, hot 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 affbord 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 plantadoun, 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 iQth 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. 

4 Forsameikle as our Souerane Lordis umquhile dearest Father of 
blissed memorie for diverse goode ressonis and considderationis 
moveing his Ma tie 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 ts subjectis of the 
said ancient Kingdome of Scotland as wald be undertakeris and 
furtheraris 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 8 Counsell of the said Kingdome geving notice to the cheiff 
gentrie and all his Ma ties subjectis of that Kingdome of his Royall 
intention concerning the creating of Barronettis there, and that 



164 A HISTORY OF THE BARONETAGE 

after a certain day now of a long tyme bypast prescryved be the 
said proclamatioun his Ma tie wald proceid to the creating of 
Barronettis and conferring the said title and honnour upoun suche 
personis as his Ma tie 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 ties princelie resolutioun might (if thay pleasit be Under- 
takeris in the said Plantatioun and performe the appoyntit conditionis) 
be first preferred be his Ma tie 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 tie hathe already conferred the said heretable honnour and 
title of Barronet upoun diverse his Ma 8 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 
Scale of the said kingdome conteining his Ma 8 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 tie 
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 tie and chargis and expenssis to 
thameselffis His Ma tie 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 particular-lie 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 Maister of 
Requestis to his Ma tie for the said kingdome and his Ma 8 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 
laughfull commissionaris or procuratouris haveing there powers the 
Condi tionis 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 tie 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 8 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 8 princelie will and pleasure 
is That the Barronettis of this Kingdome maid and to be maid, haif, 
hald, tak, and enjoy in all tyme comeing freelie but ony impediment 



1 66 A HISTORY OF THE BARONETAGE 

the place priori tie and precedence in all respectis grantit to thame in 
thair severall patentis under the said Grite Scale 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 precedence 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 8 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 tie and the saidis 
Lordis of his Counsell as manifest contempnaris of his Ma ties royall 
power and prerogative 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. 
c 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 precedencie grantit to thame befoir all the 
small Baronis and Freehalderis of this kingdome whairin thay 
pretendit grit prejudice in thair priviledgeis and dignityis possest 
be thame and thair praedecessouris in all preceding aiges and thair- 
foir thay desyrit that the Estaittis wald joyne with thame in thair 
humble petitioun that his Ma tie might be intreatted to suspend the 



EARLY HISTORY 167 

praecedencie grantit to thir Barronettis untill the tyme that the 
Plantatioun for the whilk 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 8 royall prerogative 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 9 
prerogative 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 8 royall prerogative 
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 tie as a poynt 
of his royall prerogative. And thay undertooke that if it wer fund 
meete be his Ma tie 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 27th 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 8 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 preceislie keept, and the Taxatioun grantit, as our 
former letter to your Majestic did signifie. 

c 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 tie &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 tie for obtaining your allowance thairof. 

' Thay had ane other Petitioun and greevance foundit upon the 
prejudice 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 prejudice 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 tie 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 8 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 8 
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 s praerogative sould 
never enter into thair hairtis and that thair petitioun wes in no sort 
contrair to the same bot that thay acknowledged that the conferring 
of honnouris did properly belong to your Ma tie as a poynt of your 
royall praerogative And thay undertooke that if it wer fund meete 
by your Ma tie 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 

c Edinburgh MAR MELROS 

Octavo Novembris 1625 MORTOUN B. DUMBLANE 

WYNTOUN ARC D 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.] 

c 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 
selffis therein. In consideratioun whairof we wer pleased to give a 



170 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. 

4 Whythall Feb. 12, 1626.' 



EARLY HISTORY 171 

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.] 

c 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 
Heyries 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 advisedlie 
haif resolved thairin And cure 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 8 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 tie 
and his Ma tie 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 tie 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 tie 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 8 royall will and pleasur that the course so advysedlie prescryved 
be his Ma tie to the effect foirsaid salbe yitt folio wit 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 8 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 tie inclination and disturbaris of the publick 
peace. 

c [Followis His Majesties Missive for Warrand of the Act above 
writtin.] 

'Right trustie and welbeloved Councellour, &c. (See supra, 
p. 144.) 

'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 



i 7 4 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.' 

c KNIGHTIS BARONNETTIS AND THE HERAULDIS. 

'Apud Halyrudhous vigesimo Septembris 1626. 

c The whilk day the Letter underwritten signed be the Kingis 
Ma tie 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 ties 
will and pleasure thairanent And Sir Jerome Lindsay knight Lyon 
King at armes being callit upon and he compeirand personalie and 
his Ma 8 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.) 

c And so We bid you farewell From our Courte at Oatlandis the 
28 of Julij 1626.' 

In 1628, Sir William Alexander obtained an additional 



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 iyth 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 mak 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 r , We, &c. 
Whitehall, the 17 No T 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 established, 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 
Colonie 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 r , 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 tie 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 adfuturam rei memoriam And that 
all parteis having interesse may have authentick copeis and extracts 
thairof. Of the whilk missive the tennour followes. 

c CHARLES R. 

c 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 3ist 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 
alreadie made there by the Baronets/ 

On the 3ist 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 : 

t Apud Halyrudhous, ultimo die mensis Julij, 1 630. 

'The Estates presentlie conveened, all in one voice, ratifies, 
allowes, approves, and confirmes the Dignitie and Order of Knight 
Barounets, erected be his Ma tie , 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 teis 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 r Williame Alexander of Men- 
strie Knight His Ma teis Secretarie, annexed to the Crowne Thair- 
foir the saids Estaits all in one voice hes concluded and agreed, that 
His Ma tie 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 teis 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: 

4 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 teis 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 tie 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; 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.] 

c 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 181 

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 therin, 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 
careful! 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 Holy rood : 

'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 Majestic 
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 Majestic for this effect is so farre (what ever con- 
traversie be anent it) from quitting his title to New Scotland and 
Cannada that his Majestic 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 Majestic 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 Holyrood 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 Baillie, 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.) 

4 From our Mannour at Greenwiche, the twelf day of Julij 1631.' 

On the 1 4th 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 I5th 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. 



184 A HISTORY OF THE BARONETAGE 

The King being in Scotland the following June, the Par- 
liament on the 28th of that month passed an Act containing 
the following clauses : 

c 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 Majestic 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 
liegis 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 1 4th 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, tne creation 
of Baronets continued ; and during his reign, from the erec- 
tion of the dignity in Scotland in 1625 unt il 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 joth 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 1691, 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 : 

c 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. 
II. 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. 



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. 



1 9 o 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 iyth 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) : 

c BARONET. AR. A HAND g. 

1 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 Anglic perpetuis tempori- 
bus duraturum, & then gives the title to the Created, to him and 
his heires male of his body. 

c And that he shall have precedency in all writing sessions and 
salutacions before all Kn t3 as well of the Bath as Kn ts 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. 

c 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 Angliae, 
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 tune nos non 
creabimus vel preficiemus aliquas aliam personum vel personas in 



192 A HISTORY OF THE BARONETAGE 

Baronettum vel Baronettes regni nostri Anglic, sed quod numerus 
dictorum 200 Baronettorum ea racione de tempore in tempus 
minuetur et in minorem numerum cedet et redigetur. 

c 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 tie 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 tie 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 ts of the most ho ble order of the 
Garter, the privy Councellors of his Ma tie 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 r 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 ble 
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. 

4 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 tie further granted to Kn* the 
present Baronets, which were then no Kn ts , 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 tes person shal be knighted 
by his Ma tie 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' 9 Ma ty 
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 KnV 

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. 

c (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 



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 : 

c Sciatis igitur quod nos, etc. presfatum A. B. ad statum, gradum, 
dignitatem et honorem Barents B. de C. in Comitatu N. ereximus 
praefecimus et creavimus, ipsumque A. B. Baronem B. de C. pr&- 
dicto^ tenor e prasentium praeficimus, 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 
Ear ones B. de C. in omnibus teneantur et ut Bar ones tractentur, 
teneantur, 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 1612 and 1616, 
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 1612, 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, 53 Geo. in. c. 24, s. 4, and 
5 Viet. c. 5, s. 25, which allowed the V ice-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 : 

4 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 we 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, 

C 25th May 1789. 

c Mv LORD, 

e ln Obedience to his Majesty's Commands signified to me by 
your Lordship's Letter of the aoth 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. 

c 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. 
c I have the honor to be, 

4 My Lord, 
' Your Lordship's most humble Servant, 

< NORFOLK, E. M. 
c To the Right Hon b .l e Lord Sidney, 

one of his Majesty's principal 
Secretaries of State, &c. &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 : 

c 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. 

C 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 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 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." 

4 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. 

4 That at the Coronation of King Chas. n., S r . Chas. Stanley, 
S r . Francis Fane, and S r . 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 
iling 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. 
c 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. 
4 Daughters of the younger sons of Peers. 
< Wives of the eldest sons of Baronets. 
c Daughters of Baronets. 
' Wives of the eldest sons of Knights. 
' Daughters of Knights. 
c 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 
the 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 was 
afterwards altered, and that the daughters of Peers' younger sons 
were placed above the daughters of Baronets at Court Balls, &c. 

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. 
c GEORGE HARRISON, Norroy. 
c JNO. C. BROOKE, Somerset. 
' RALPH BIGLAND, Richmond. 
' FRANCIS TOWNSEND, Windsor. 
' BENJN. PINGO, York. 
' EDM D - 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 



206 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 2jrd 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 2jrd 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. 

c 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 n., in Henry vn.'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 ijth November 1810, 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 n., 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 u. ; 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. //., Earl Marshal's book, J. 25, fo. 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 



208 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, c 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, Kv/o, the abbreviation of the Greek 
word KV/HOS ; 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 c 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 J 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 

o 



210 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 e 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 c 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 c 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, 1 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 4 . 

The Patents enact that a Baronet c 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* Pleas 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 I 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.' 



2i 4 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 1821, 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 j 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 (Slate Papers, Domestic Series, James /., vol. cxlvii., 
No. 65) : 

<SlR, 

c Having received from you a significacion of his Ma ties 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 tie were informed or do remember 
that by expres covenant with such as have bene formerly advanced 
to that dignity his Ma tie 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 tie 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 tie 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. 

c Att your honors commandment 

'THOMAS COVENTRYE.' 

C !NNER TEMPLE, 26 June 1623. 

'This bearer informes me that it is his 
Ma ties 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 ties pleasure that it shall proceed you 
wilbe pleased to send me warrant for the 
little bill that is drawne for the discharge as 
yow have for the patent itself. 



216 A HISTORY OF THE BARONETAGE 

(Endorsed) *2O June 1623 Mr. Attorney generall to Mr. Secret. 
Conwey. Concerninge a Graunt of a Barronnett to Mr. 
Corbett. 

(Addressed) 'To the Right Ho ble Sir Edward Conwey Knight one 
of his Ma ties principal! secretaries. 

In the same collection of papers will be found the follow- 
ing under date 2jrd March 1625 : 

4 Blank Warrant for the grant of a Baronetcy, in place of Sir 
Rich. Robartes, Bar*., now made a Baron. 

c Blank Warrant for grant of a Baronetcy, in place of Sir Era 8 . 
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 th'/ 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 William 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 Ear on s 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 free edency . This will be found fully 
dealt with in Chapter II., where the Royal decree of 28th 
May 1612 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 tnat tne sons anc ^ 
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- 



2i 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 :- 

c 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. 

c Apud Edinburgh 16 Junij 1636. 

* Forsamekle as the Kings Majestic having formerlie upon verie 
good considerations both for freithing his Ma tie frome truble and 
saving of the parties whome it concernes frome charges Give 
warrand and direction to his Ma teis 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 tie being 
yett willing upon the same consideratiouns that the said course be 
continued His Majestic for this effect hes gevin 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 forder 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 

'Followes His Majesteis missive for warrand of the Act foresaid.' 

CHARLES R. 

* Right Reverend Father in God We greit you weill Whereas 
We wer pleased by our letter unto our lait Chanceller to give 
power 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 1 9th 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 give* 1 
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 we 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 2ist February 1865, tne 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 application 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, 

4 August 4th, 1836. 

<SlR, 

c I am directed by Lord John Russell to acknowledge the receipt 
of your letter of the 3Oth 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. 
c I have the honour to be, 

'Sir, 
* Your obedient Servant, 

<(Sgd.) FOXMAULE.' 

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 28th 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, declined 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 application 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. 

c Second, 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 with his duty present Mr. Broun to Her 
Majesty for knighthood. 

c 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 with 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 : 

c Considering that a Petition from the Order praying for a judicial 
hearing before the Queen in Council has been refused; 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 I4th 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 

c 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 



228 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 1 7th 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 3ist October 1805 ; 
and after considerable correspondence on the subject, the 
following letter was received from the Home Office : 

6 WHITEHALL, 

c 1 2th March 1896. 

<SlR, 

c With reference to your letter of i yth 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 th~t 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. 
c I am, Sir, 

c 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 

ipth 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/ 



2 3 o 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 praesenti- 

bus insigniis praenominati A B sicuti talibus casibus 

usitatum est dent et praescribant.' 

This clause is sometimes varied, as, for example, the fol- 
lowing : 

4 Leoni porro Armorum Regi ej usque fratr^us fecialibus 

additamenta praesentibus insigniis armoriis dicti A B 

quae huic occasioni congrua et idonea videbuntur dare et 
praescribere 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 ; 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 with 
Swords and (cum gladlo 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 j 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 : 

c 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. 

4 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. 
c Devon and Exeter Lent Assize. 

< Writ of Right. 
c 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 William 
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 : 

c Henry Richards, Demandant, 

'and 

4 Lewis Gidley, Tenant. 

1 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." 

c 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. 

c The presence of all was extraordinary, as some casualty might 
have intervened. 

c 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 1612 enacted: 

c The Baronets and their descendants shall and may bear, 



234 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 are 
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 
1 840 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 1471. 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 : ' S. Odonis O'Neill Regis Hybernicorum Ultoni*.' 

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 : 

c 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.' 

XL A place near the Royal Standard in battle. The 
Second Letters Patent of the loth May 1612 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, 7th December 
1612, 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 bannerolls 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 1614, 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 1618, and was buried on the I 3 th 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 buried in Westminster Abbey, i9th 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, I3th 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 vn. Chapel, Westminster, on the 
28th 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 
1612 enacted : 

c 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. I'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. The Degree of Baronet to be, and be reputed to be, a 
Degree of Dignity Hereditary r , 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 1 6 1 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 



2 4 o 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 hostility 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, 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 by certa i n 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 
Col v ill the Barony of Culross, bearing date the 2oth June 
1589: 

* CART A, &c. Jacobi Colvill de Easter Weems, et Haeredibus 
Masculis de Corpore suo legitime procreatis, seu procreandis, quibus 

Q 



242 A HISTORY OF THE BARONETAGE 

deficientibus, propinquioribus et legitimis Haeredibus 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 BARONIS 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 BARO 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, 
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 : c 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 honestae 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 ijth 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, u 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 I4th 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, 

c 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 5 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 intreatof 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, 

c Your Lordship's most obedient, 

c 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. 
c Mv LORD, 

< As a Committee of the Baronets of Scotland, who 
met here on the I4th 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. 

c In conformity to the orders of the meeting, we also, in the name 
of it, return our thanks to your Lordship, for the obliging 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. 

c We have the honour to be with the highest respect, 
4 My Lord, 

' Your Lordship's most obedient 
c 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 r 6th 1783. 

c 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. 

4 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 I2th 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 Allanson 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 



250 A HISTORY OF THE BARONETAGE 

who had thus assumed the title, but was ready to meet the 
Baronets, to answer any further questions they might have to 
propose, and also to give up the Order of the 6th December 
last, if found to be inconvenient, that he should concur with 
the Baronets and assist them in any other mode of preventing 
these inconveniences, if they or himself could find out or 
agree upon a proper and effectual one. 

The Committee then passed the following resolutions : 

c That it be recommended to the General Meeting to come to a 
resolution expressive of the high sense they entertain of the Gracious 
Intentions of His Majesty respecting their Order. 

1 That the Order in the Gazette of the 6th December last signed 
Surrey, D. E. M., subjects the Baronets to much inconvenience 
and expense. 

c That it would add much to the Honor and Dignity of the 
Order if His Majesty should be graciously pleased to grant unto 
the Baronets of Great Britain the privilege of wearing such mark 
or marks of Distinction as His Majesty shall be most graciously 
pleased to direct, and would also be the most effectual means of 
preventing the abuses mentioned by Lord Surrey, and afford a 
just and proper opportunity of requiring such Baronets as should be 
desirous of enjoying that privilege (previous to their being admitted 
to wear the same) to make such proofs of their title to the Honor 
as His Majesty in his great wisdom shall be pleased to appoint. 

'That a petition be prepared for that purpose and laid before the 
next General Meeting.' 

A General Meeting of Baronets was accordingly held on 
the 3ist May 1784, and after several alterations in the 
draft submitted to the Meeting, the following Petition was 
agreed to : 

{ To THE KING'S MOST EXCELLENT MAJESTY, the Humble 
Petition of the Baronets of England and Great Britain. 



LATER HISTORY 251 

c SHEWETH, 

c That they are fully convinced of your Majesty's 
most Gracious Intention to support the Honor and Dignity of their 
Order, and of preventing Persons assuming that title without legal 
authority, as appears by your Majesty's Royal Warrant in the 
Gazette of the 6th December last. 

c We your Petitioners beg leave therefore most humbly to suggest 
to your Majesty, that since the first Institution of the Order, 
several applications have been made, and measures adopted to stop 
all abuses in the said Order, but without the desired effect, that on 
a General Meeting of the Baronets, to take into consideration the 
Regulations published in the Gazette of the sixth of December last, 
respecting their Order, and signed Surrey, D. E. M., they were of 
opinion that it would subject those who are really entitled to that 
Honor and Dignity to numberless inconveniences and expense, 
without being an effectual means of preventing such abuses. 

c Your Petitioners therefore most humbly pray your Majesty to 
grant them relief from the inconveniences and expense directed by 
the said Order and regulation, and humbly apprehend it would tend 
much to correct the abuses complained of in the said Order of 
Baronets if your Majesty would be graciously pleased to grant them 
the privilege of wearing such mark or badge of distinction as is here 
annexed for your Majesty's Royal Consideration or any Mark or 
Device your Majesty shall be most graciously pleased to grant them, 
as your Petitioners apprehend will afford a just and proper oppor- 
tunity of requiring all persons bearing or wearing such marks of 
distinction, to produce their title thereto. 

* And your Majesty's Petitioners shall ever pray, etc.' 

In what way the grant of a further mark of distinction 
than that given by their Patents, viz. the privilege of 
bearing in an escutcheon the Badge of Ulster, could have 
the effect of removing the inconveniences or expense which 
were apprehended from the provisions of the Royal Warrant 
complained of, the petitioners did not state. 



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 Allanson 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 nth 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 1 9th 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 : c 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/ 



254 A HISTORY OF THE BARONETAGE 

As a result of this movement, the following Order was 

issued : 

c 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 which 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 255 

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 difference 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. 

e HOLLANDS.' 

4 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, 

c HOLLANDS. 

'Whitehall, 2Qth June, 1627.' 

To this letter the Officers of Arms sent the following 
reply : 



LATER HISTORY 257 

c 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 was 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 yth 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, 

c 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 



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 
Jewel append ent. Of all which we find not that any one so worn 
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. viu. cap. 4. 
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. 

c 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. 

c 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, 
1 6th July, 1627.' 

On the 1 5th December following, Sir Robert Heath, the 
Attorney-General, wrote to Sir William Segar, King of 
Arms, as follows : 



LATER HISTORY 259 

C SlR, 

c 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. 

c So with my love and service to yourself 

c 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 



260 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 c 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 preliminary 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 : 

1 . To establish the right of the Baronets, individually 

and conjunctly, to enjoy the honorary epithet of 
' The Honourable/ 

2. 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 c 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 c 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, 3ist October, 1835. 
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 2Qth 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. 

c The Prayer of one of these Petitions is, that his Majesty would 
be pleased to direct and command the proper Officers, 

c 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" : 

c 2ndly. To issue His Royal Warrant to Garter King of Arms, 
and his fraternity, to assign Supporters to all Baronets : 

4 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 1616, of King James the First : 

c 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. 

c The Prayer of the other Petition is 

c 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, cc 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. 

c The style of " The Honourable ' is given to the Judges and to the 
TZarons 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 "Sir" 
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 c< 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. 

c 2. On the arguments for conceding to the Baronets the privilege 
of bearing Supporters to their arms 

c 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 

c 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 : 

C 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 : 

c 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. 

c 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. 

c The assertion, in the case of the Petitioners, u 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. 

1 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. 

c 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 of 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 : 

c<c i. The Baronets claim the right of wearing a dark-green 
dress, as the appropriate costume pertaining to them as 
Equites Aurati. 

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. 

4 This promise and grant were revoked, determined and made 
void, by Letters Patent dated the iQth 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 were (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. 

c 4. Upon the prayer of the Petitioners that there may be formed 
"a Chapter of Baronets for the regulation of the Order by Statutes 
to be prepared by them and submitted for His Majesty's approval." 

4 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. 

c With reference to the Petition praying that the Baronets may 
wear suspended by a ribbon on their persons " the 'Badge conferred 
upon their ancestors" we submit the following remarks : 

c 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." 

c 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, tne 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 an( ^ tne date ^ tne Um n > 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.' " 

c 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. 

c 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 

c 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. 
c By order of Chapter, 

C CHAS. GEO. YOUNG, 

< To His Grace York Herald and Register. 

c 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 3Oth 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 I3th 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. 

C 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. 

c 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. 

c 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. 

e We remain, Sire, 
< With the most profound respect, loyalty, and veneration 

c Your Majesty's most obedient, most dutiful, 
c and most faithful Subjects and Servants. 
c 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: 

4 Whitehall, 

'July 8, 1836. 

'SIR, 

C 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. 

4 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, 

4 Sir R. Greisley Bar*. C 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 1612 and 1616, pro- 
ceeded to refer to the privileges of the Degree, and gave 
very numerous examples to show that the style of c Honour- 
able 7 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 3ist October 1835 to ^ e Earl 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 Irish, 

'MosT HUMBLY SHEWETH, 

c That from the foundation of the Monarchy down to the period 
of the erection of the Baronetage in the year 1611, 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. 

c That in the year 1611, King James I. erected the Order of 
Baronets, being the sixth degree of Dignity Hereditary in the 
Realm. 

'That in the year 1616, 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 Petitioner?, 
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 8th 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 
1 4th 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 279 

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 I5th 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, c 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 



280 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 
within the influence of the laws which 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. 

c 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 
1 4th May 1841, 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 I5th 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 I4th 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. 

c NOBLE SIRS, 

' It being my intention to act on the Resolutions of the General 
Meeting of the Order, passed on the I4th 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, 

c Your most obedient Servant, 



<BarV 

In Accordance with these applications the Committee issued 
Certificates on vellum in the following form : 

4 COMMITTEE OF THE BARONETAGE FOR PRIVILEGES. 

c London, 184 

c 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 I4th day of May 



LATER HISTORY 283 

1841 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. 

c Given under the Seal of the Order this day of 184 . 

' (Signed) R. BROUN, Eq. Aur., 

' Hon. Secretary and Registrar.' 




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 2Oth June 
1842, letters were read from Members who had been absent 



284 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 : 

c 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 27th 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 The 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 c 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 1371. 
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 Queries, 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 viu. 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 1715 and 1745, the revolt of the United States 
of America in 1776, and the French Revolution, with the 
long Continental wars following. 

In 1691 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 under 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 i pth 
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 2ist 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 I5th 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 I2th 
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 2oth 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 28th 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 yth 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 : 

c ist. 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 with 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. 

4 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. 

c 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 ^1000 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 yth 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 
i yth 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 8th 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, which was 
to the effect c 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 c 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. 1 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 
1,000,000 in 20 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 aJso 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 shall 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 Emigrant's 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 1 5th 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 I9th of the same month, 
Mr. Broun being engaged shortly afterwards in connection 
with the sailing of a ship, the Barbadoes, 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 2jrd September by paying in 
250, being the deposit of ^5 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 Barbadoes left for Gravesend on the 1 9th 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 25th 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. 

'Mv LORD, 

C 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 wishing, of course, that many of them 
should have the opportunity, if they wished it, of emigrating to 
North America, in such a manner as would be most advantageous 
for themselves, I consented to be named President of the Society ; 
but from several of their proceedings lately, I am now desirous of 
withdrawing 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 500, 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. 

c 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 fimes 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 Inquiry 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 



306 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 : 

C TO HER MOST GRACIOUS MAJESTY QUEEN 
VICTORIA 

' The Petition of the undersigned Knights Baronets of Scotland and 

Nova Scotia^ 
c 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 



308 A HISTORY OF THE BARONETAGE 

some of the titles on the Roll of the Baronets of Scotland and Nova 
Scotia have been frequently and widely 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. 

4 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 3ist 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, ^ na ^ 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- 
Go vernor 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. 



3 io 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 
sa y S '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 
7th November 1844, 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, a ^ ter tne 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 



3 i2 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. 

4 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 23rd 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." 

c (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. 



3 i 4 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 now 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 1 849, at which a c 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 
' Justitise 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 



316 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 i$th, 1898. 

'THE QUEEN has been pleased to issue a Warrant under Her 
Majesty's Royal Sign Manual to the following effect : 

VICTORIA, 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 wife 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. 

c 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 ; Charles Synge Christopher Bowen, Lord 
Bowen, deceased ; Charles Russell, Lord Russell of Killowen (now 
Lord Chief-Justice of England) ; and Horace Davey, Lord Davey ; 



3 i8 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. 

c 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. 

c By Her Majesty's command. 

<M. IT. 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 3<DTH MARCH 1898. 

The Times, 315! August 1897. 

< To THE EDITOR. 

<SlR, 

C I see in the daily papers of the 2yth 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. when he instituted the Baronetage, that 
neither he nor his successors would 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. 

c I am, Sir, 

' Your obedient Servant, 

c JUSTICIJE TENAX.' 

The Times, l8th August 1898. 

4 THE BARONETAGE AND THE CHILDREN OF LORDS OF APPEAL. 
c 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, 1612. 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. 

c 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. 

c 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, 

c Your most obedient servant, 

* FRANCIS W. PIXLEY, 

< Registrar of the Honourable Society 

of the Baronetage. 

'58 Coleman Street, London, E.G., August 17.' 



The Time*) 22nd August 1898. 

c To THE EDITOR. 

<SlR, 

' 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. 

4 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. 
c August 20.' 



The Daily News, 22nd August 1898. 

c To THE EDITOR. 

<SlR, 

' The gentleman who in <c 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. 

c HISTORIAN.' 



The Daily News, 23rd August I 

'To THE EDITOR. 

C SIR, 

c 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. 

4 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 



3 2 4 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. 

c To THE EDITOR. 

<SlR, 

* " 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 ? 

c 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 grant 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. 

1 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 

c 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. 

c 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 1616. 



326 A HISTORY OF THE BARONETAGE 

c 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. 
c I have the honour to be, Sir, 

4 Your obedient servant, 

c A BARONET (English creation). 

'August 22.' 



The Daily News, 27th August 1898. 

'To THE EDITOR. 

4 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. 

c " 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. 

c 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. 

c I have the honour to be, Sir, 

' Your obedient servant, 

* BARONETTUS. 

4 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, 14.1 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 j 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, 



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, n, 193. 
Patent of a; see Patent. 
Sixth degree of hereditary nobility, n. 
329 



3jo 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 et seq. 
Nobiles Majores, n, 193. 
Precedence of daughters of, 200, 204. 
sons of, 199. 

wives of, 200, 204. 

wives of sons of, 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, 

223 et seq. 
Invites the Baronets to consider their 

privileges, 259 et 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, 

IS 1 - 

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 X 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, 

1 8th 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 of, 40. 
DECREE 

28th May 1612, 119. 

1 3th March 1616, 130. 
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, 

108. 
Baronetage of Scotland and Nova 

Scotia, 141. 
EDINBURGH CASTLE 

Place for giving sasine by infeftment, 

1 60. 
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, 
101. 

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, 173 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, 221 et seq. 
FLOWER OF NOBILITIE 

Reference of James i. to, 120, 125. 
FRANKLAND, B T - SIR THOMAS 

Badge worn by, 254. 
FUNERALS 

Precedence of Baronets at public, 206, 
235, 236. 

GEORGE i. 

Cavalcade on arrival of, 13. 
GEORGE in. 

Petition of Baronets against Royal 
Warrant of, December 1783, to, 250. 
GORDON, B T - 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 T - 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, 93. 
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 1612, 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 



333 



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 

Institution 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 of 
Baronets to, 246. 

MEMORANDUM 

Form of, previous to preparation of 
Letters Patent, 26. 

MlLITES VEXILLATI 

Bannerets described as, 6. 

MlLITES 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, n, 193. 
NOBILES MINORES 

Baronets are not, n. 
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, 101. 
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, 20 1. 
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,' 316. 
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, 1 8, 1 1 1 et seq, ; 

195 et 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, 

S* 

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, 181. 



PROJECT FOR ERECTING THE DIGNITY 
Document in the Public Record Office, 
1 6. 

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 T - SIR CHARLES H. STUART 
Honorary Secretary with Mr. Pixley of 
' Provisional Committee of the Bar- 
onetage, 1 315. 
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., 1616, 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, 166 et seq. 



INDEX 



335 



SEGAR, SIR WILLIAM 

Letter from the Attorney-General re- 
specting a proposed badge to, 259. 
SHELLEY OF MICHELGROVE 

Ancestry of, 20. 
SHIRLEY, SIR THOMAS 

Supposed originator of revival of title 

of Baronet in 1611, 2. 
SHUCKBURGH, B T - 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. 



TRAQUAIR 

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. 



CS Pixley, Francis William 

424 A history of the 

P58 baronetage 



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