4. Die Lunæ, 8° Augusti 1836. The Earl of SHAFTESBURY in the Chair. THE Order of Reference was read. The Petition of Sir Percival Hart Dyke of Lullingston Castle in the County of Kent, Baronet, to His Majesty, praying, That His Majesty will be graciously pleased to determine the Abeyance of the Barony of Braye in his Favour, by directing a Writ of Summons to him to attend His Majesty in Parliament by the Style and Title of Baron Braye; together with His Majesty's Reference thereof to this House; and the Report of the Attorney General thereunto annexed; was read. The Counsel and Parties were called in: And Doctor Lushington and Mr. Deedes appearing as Counsel for the Petitioner ; Doctor Lushington was heard to open the Allegations of the Petition of Sir Percival Hart Dyke. Evidence on the Then Mr. GEORGE HENRY HOLDEN was called in; and having Mr. G. H. Holden. been sworn, was examined as follows: (Doctor Lushington.) You are Clerk in the Rolls Office? I am. What have you got there? A Commission directed to William Camden, Esquire, Clarencieux King of Arms; it is a Commission of Visitation dated the 5th of August in the 1st of James the First. The same was read. Have you an examined Copy of that Commission? I have. You have collated that with the Original and found it to be a correct I have. The same was delivered in, and read as follows: Com Spiat Witto James, by the Grace of God, &c. To Our trustie Camden Ar. Sand welbeloved Servaunte William Camden, Esquier, surnamed Clarencieulx, Kinge of Armes of the East, West, and Southe Partes of Our Realme of Englande, from the Ryver of Trente Southwardes, and to all other Oure lovynge Subjecte, Greetinge: Forasmuche as God of His greate Clemencye and Goodness. (40.4.) No. 82. Mr. G. H. Holden. hathe subjected to Our Empyre and Governance the Nobillitie, People, and Comons of this Realme of Englande, Wee, myndynge, of Our royall and absolute Power to us comytted, to visitte, survey, and viewe throughoute all Oure Realme of Englande and other Domynyons, aswell for a due Order to be kepte and observed in all Things touchinge the Office and Dueties appteinyng to Armes, as also for Reformačon of dyvers and sundrie Abuses and Disorders daylye arysynge and groweinge for Wante of ordynarie Vysytačons, Surveys, and Viewes, in Tymes conveniente, accordinge to the aunciente Forme and laudable Custome of the Lawes of Armes, and that the Nobillitie of thys Realme maye be preserved in everie Degree as apperteyneth aswell in Honor as in Worshippe, and that every Person and Persons, Bodies Politique, Corporate, and others, maye be the better knowne in hys and their Estate, Degree, and Mysterye, withoute Confusion or Disorder, have therefore constituted, deputed, ordayned, and appoynted, for Us and in Oure Name, Oure saide welbeloved S'vante William Camden, Esquire, alias Clarencieulx, Kinge of Armes in the said East, West, and Southe Partes of Our Realme of Englande, from the saide River of Trente Southwarde, to visitte all the saide Province, and the Partes and Members thereof apperteynynge to the Offyce and Charge of the said Clarencieulx Kinge of Armes, from Tyme to Tyme, as often and when as he shall thinke moste necessarye and conveniente for the same; and not onelye to enter into all Churches, Castles, Howses, and other Places at hys Discrecion, to peruse and take Knowledge, Survey, and Viewe of all Manner of Armes, Cognisances, Crest, and other Devises of Armes of all and singuler Oure Subjecte, aswell Bodies Pollitique as others within the saide Province of what Dignitie or Degree, Estate or Mysterie soever they be, lawfullye aucthorized to have, use, or beare any suche Armes, Cognizances, Crest, and other like Devises, with the Notes of theire Discentes, Pedegries, and Marriages, and the same to enter of Recorde in a Register Booke of Armes accordinge to suche Order as ys prescrybed and sett forthe in the Office, Charge, and Oathe taken by Oure said Servante at his Creacon and Coronacon, but also to correcte, controlle, and reforme all Manner of Armes, Crestes, Cognysaunces, and Devises unlawfull or unlawfullie usurped, borne, or taken by any Manner Person or Persons within the same Province cont rye to the due Order of the Lawe of Armes, and the same to reverse, pull downe, or otherwise deface at his Discrecion, aswell in Cote, Armes, Helme, Standerd, Pennons, and Hatchmentes of Tentes and Pavilions, as alsoe in Plate, Jewells, Paper, Parchmente, Wyndowes, Gravestones and Monumentes, or elles where, wheresoever they be sett or placed, whether they be in Sheilde, Scutcheon, Lozenge, Square, Roundell, or otherwise howsoever, contrarye to the Antiquitie and aunciente Lawes, Customes, Rules, Priviledgs, and Orders of Armes: And further Wee by theise Presentes doe give and graunte to the saide Clarencieulx full Power and Aucthoritie to reprove, controlle, and make infamous, by P'clamačon to be made at the Assizes or Generall Sessions within the same hys Province to be had and kepte, or at suche other Place or Places as he or they shall thinke moste meete and conveniente, all and all Manner of Person or Persons that unlawfullye and withoute juste Aucthoritie, Vocačon, or due Callinge do or have doune, or shall usurpe to take uppon hym or them anye Manner of Tytle of Honor or Dignitie as Esquier, Gentleman, or other; and likewyse to reforme and comptrolle all suche as at any Funeralls or Intermentes shall use or weare anye Mourninge Apparell, as Gownes, Hoodes, Hoodes, Tippette, or suche like, cont'rie to the Order lymytted Mr. G. H. Holden. and prescrybed in the Tyme of the moste Noble Prince, Kynge Henrie of famous Memorie, the Seaventh, Oure Grandfather, otherwise or in anye other Sorte then to theire Estates and Degrees dothe or shall appertayne: And furthermore by theise Presents Wee prohibitte and forbidde that no Paynter, Glasier, Gouldsymthe, Graver, or any other Artyfycer, whatsoever he or they be within the saide Province of the said Clarenciceulx, shall take uppon them to paynte, grave, glase, devise, or sett forthe by anye Wayes or Meanes any Manner of Armes, Crestes, Cognizaunce, Pedegrees, or other Devises appertaynynge to the Offyce of Armes, otherwise or in anye other Forme or Manner then they maye lawfullie doe, and shalbe allowed by the saide Clarencieulx, hys Deputie or Deputies, accordinge to the auncyente Lawes and Statutes of Armes: And Wee forbidde and straightlie comaunde all Oure Sheriffes, Comyssyoners, Archdeacons, Officialls, Scryvenors, Clerke, Wryters, or other whatsoever they be, to calle, name, or write in anye Assyse, Sessyons Courte, or other open Place or Places, or ells to use in any Writinge, the Addičon of Esquire or Gentleman unlesse they be able to stande unto and justyfye the same by the Lawe of Armes of Oure Realme, or ells be ascertened thereof by Advertysemente in Writinge from the saide Clarencieulx Kinge of Armes, or his Deputitye or Deputies, Attorney or Attorneys: And further Wee straightlie charge and comaunde that noe other Person or Persons shall intromytte or meddle with anye thinge or thinges touchinge and concernynge the Office of Armes within the saide Provynce, withoute speciall Lycence and Authoritie of the saide Clarencieulx in Writinge under the Seale of the said Office firste had and obteyned from the saide Clarencieulx : All the which said Power, Prehemynence, Jurisdiccon, and Aucthoritie above specified, for Us, Oure Heires and Successors, Wee doe geve and graunte by theise Presente to the saide Willm Camden alias Clarencieulx, dueringe his naturall Lief, in as large and ample Manner and Forme in everye thinge and things as anye hys Predecessors, or anye other bearinge the Name or Title of Clarencieulx, have or had, did or mighte doe by force of anye Lřes Patentes graunted by anyc of oure P'decessors, or as of Righte he or they oughte or mighte have used to doe and exercysed by force of his saide Office, with all Manner of Proffitte, Advantages, and Emolumentes thereunto belonginge: Wherefore Wee will and straightlye charge and comaunde all and singuler oure Justices, Sheriffes, Mayors, Bailiffs, and all other oure Offycers, Mynysters, and Constables, and all and everye oure lovinge Subjecte, that in the Execucon of the Premysses they effectuallye imploye theire best Ayde, Assistaunce, Furtheraunce, and Consaile to oure saide Servante, hys Deputie or Deputies, soe often and when as he or anye of them shall requyre the same in all that they convenientlie maye, as they tender Oure Favoure and will answeare the contrarie at theire Perrill: And further by theise Presentes Wee doe aucthorise Oure saide Servante to nomynate and appoynte under the Seale of his saide Office soe manye Deputies or Attorneys as shalbe thoughte to hym expediente for the better Execucon of all and singuler the Premysses; and yf there fortune to falle oute in this Visitačon any Manner of Scruple, Doubte, Questyion, or anye Mysdemeanor of anye Person or Persons whatsoever, that cannot be convenientlie decyded or ended by oure saide Servante, or by suche Deputie or Deputyes or Attorneys as he under the Seale of hys saide Offyce shall name and appoynte, then oure Mynde and Pleasure ys, that oure saide Servante, hys Deputye, Deputies, or Attorneis Mr. G. H. Holden. named as ys aforesaid, shall comaunde suche Person or Persons whome T. W. King, Esq. No. 83. (ARMS.) the saide Question, Scruple, or Misdemeanor shall concerne, under a The Witness was directed to withdraw. Then THOMAS WILLIAM KING Esquire was called in; and having been sworn, was examined as follows: (Doctor Lushington.) What are you? Rouge Dragon in the Herald's Office. What have you got there? I produce a Book containing the Visitation of the County of Kent about the Year 1619. Do you find there an Entry of the Pedigree of the Harts of Lullingstone? I do. The same was read. Have you also a Copy of that Pedigree examined by yourself with the original Entry in the Book? I have. The same was delivered in, and read as follows: Joh'nes Hart de Lullingston soror et hæres Joh'is Then the Reverend THOMAS NEWTE HAMILTON was called Rev. T.N.Hamilton. in; and having been sworn, was examined as follows: (Doctor Lushington.) You are the Curate of the Parish of Lulling Have the goodness to refer to that Book under the Date of 1580, and see whether there is an Entry of the Burial of Sir Percival Hart? There is. The same was read as follows: "Anno Domini 1580.-Sir Percyvall Hart, Knight, was buryed the xxij. Daye of Maye." No. 84. Do you find an Entry of the Burial of Sir George Hart in July 1587 ? I do. The same was read as follows: "Ano Doi 1587.-Sir George Hart, Knight, Second Sonn to S' Percyvall Hart, was buryed the xviij. Daye of July." No. 85. Do you find an Entry of the Burial of Mrs. Anne Hart in the Year 1595 ? I do. The same was read as follows: "Ano Do 1595.-Mrs. Anne Hart, Wife to Mr. Percivall Hart, Esquier, was buryed the xij. Day of July." No. 86. Do you find in that Register an Entry of the Burial of Sir Percival Hart on the 11th of March 1641 ? I do. The same was read as follows: "Sir Percivall Hart, Knt, was buried on the Eleventh Day of March Año Dom 1641." No. 87. Have you an Entry of the Baptism of William Hart on the 15th of May 1593 ? I have. The same was read as follows: "Anno Dom 1593.-Mr. William Hart, Sonne to Mr. Percyvall Hart, Esquire, was baptized xv. Daye of Maye." No. 88. Do you find in the Register of Burials an Entry of the Burial of that William Hart in 1671 ? I do. The same was read as follows: "William Hart, Esquire, was buryed April ye Third, 1671." No. 89. |