Whereas, in the reign of King JAMES, a suit was commenced
in the Star Chamber Court against Sir Robert Dudley, for pre
tending himself lawful heir to the honours and lands of the
earldoms of Warwick and Leicester, as son and heir of Robert,
Earl of Leicester, by Douglas, wife to the said earl, and all
proceedings stayed in the ecclesiastical courts, in which the
said suit depended for proof of his legitimation ; yet, never
theless, did the said court vouchsafe liberty to the said Sir
Robert to examine witnesses in the Star Chamber Court, to
make good his legitimacy. Whereupon, by full testimony of
the Lady Douglas herself, and other witnesses it was made
appear. But a special order being made, that the depositions
should be sealed up, and no copies taken, did cause the said Sir
Robert, to leave the kingdom; whereof his adversaries taking
advantage, occasioned his lands to be seized on, to the king,
our father's use. And not long after, Prince Henry made
overture to the said Sir Robert, to obtain his title by purchase
of Kenilworth Castle, &c., valued at £50,000, but bought by the
prince in consideration of £14,500, and promise of his princely
favour to restore Sir Robert in honours and fortunes; but
before payment thereof was made (if any at all), to the said
Sir Robert's hands, the prince was dead. And it appearing
that Alice, Lady Dudley, wife of Sir Robert had an estate of
inheritance in the same, descendible unto her posterity, in the
19th of JAMES I, an act was passed to enable her to alien her
estate from her children as a feme sole; which she accordingly
did, in consideration of £4,000, and further payments yearly to
be made out of the exchequer, &c.; which having not been
accordingly paid for many years, are to the damage of the said
Lady Alice and her children, to a very great value. And the
said Sir Robert settling himself in Tuscany, within the terri
tories of the great duke, (from whom he had extraordinary
esteem,) had from the emperor, FERDINAND II., the title of a
duke given him, to be used by himself and his heirs through
out the sacred empire.
“And whereas, our father not knowing the truth of the
lawful birth of the said Sir Robert, (as we piously believe),
granted away the titles of the said earldom to others,
which we now hold not fit to call in question. And yet
‘having a very deep sense of the injuries done to Sir Robert
Dudley, and the Lady Alice, and their children, &c., and
holding ourselves in honour and conscience obliged to make
reparation; and also taking into consideration the said great
estate which the Lady Alice had in Kenilworth, and sold at our
desire to us at a very great undervalue, and yet not performed
or Satisfied to many thousand pounds damage. And we also,
casting our princely eye upon the faithful services done by Sir
Richard I.eveson, who married the Lady Catherine, one of the
daughters of the said duke, and also the great services which
Robert Holbourne, Esq., hath done us by his learned pen, and
otherwise, who married Anne, another of the daughters; we
have conceived Ourselves bound in honour and conscience to
give the said Lady Alice and her children such honours and
precedencies as is, or are due to them in marriage or blood.
And therefore we do not only give and grant unto the said
Lady Alice Dudley the title of Duchess of Dudley for
life, in England, and other our realms, &c., with such pre
cedencies as she might have had, if she had lived in the
dominions of the sacred empire, &c.; but we do also further
grant unto the said Lady Catherine and Lady Anne, her
daughters, the places, titles, and precedencies of the said duke's
daughters, as from the time of their father's creation during
their respective lives, &c. Conceiving ourselves obliged to do
much more for them, if it were in our power, in these unhappy
times of distraction, &c., witness ourself, at Oxford, 23rd May, in the 20th Year of our reign.
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Upon the departure of Sir Robert Dudley out of England, he took with him (as is credibly reported) ... the Daughter of Sir Robert Southwell, of Wood-•isting, in Com. Norff. Kt. (a very beautiful Lady) in the habit of a Page: whom, it is said, that he Married in Italy. And, seating himself within the Territories of the great Duke of Tuscany, had, by reason of his singular Endowments, no little esteem in all those parts. For, by his means it was, that Liburne, a small and obscure Village; not only grew to be a fa∣mous Port, but adorn'd with excellent Buildings; and to be as eminent a Mart, as Scala-Franca (in Italy) is; whereunto the English-Merchants do usually repair for Commerce. As also, that the Fenns and Marshes, in those parts, have by his contrivance been happily drained. His Fame therefore, deservedly, spreading into Germany; he had, by Letters-Patents from his Imperial Majestly, Ferdinand the second (bearing date at Uienna, 9 Martii Anno MDCxx.) the Title of Duke conferred upon him, to be used by himself and his Heirs, throughout all the Domini∣ons of the sacred Empire. Whereupon he was generally called Duke of Northumberland. which Title, as Iohn, his Grandfather bore, though for∣feited by At•ainder in the first year of Queen Mary: So did he, whilst he lived; and so doth Charles his eldest Son, by the Daughter of Sir Ro∣bert Southwell. That he was a person, of statu•e tall, and come∣ly: also strong, valiant, famous at the excercise of Tilting; singularly skill'd in all Mathematick Learning, but chiefly in Navigation, and Archi∣tecture; a rare Chymist, and of great knowledge in Physick, his learned Works do sufficiently ma∣nifest; Especially that, de Arcanis Maris, Printed at Florence in an. 1646. and since at Uenice, in folio, adorn'd with Sculpture. Also, that of Physick, call'd Catholicon, of no small esteem with the most skillfull in that profession. Nor is his memory a little famous, for his In∣vention of that Powder, called Cornachine-Pow∣der; touching the virtue whereof, the Learned Marcus Cornachinus of Pise, hath written; and endeavoured to shew, that all Corporeal Disea∣ses, may be safely, and suddenly cured thereby. Nor is it less remarkable, that his merits were so highly esteem'd of, by the great Duke of Tuscany, as that he allow'd him an yearly Stipend, of little less than a thousand pounds sterling. Also, that he erected a noble Palace in the City of Flo∣rence: and, that his Daughters by the Wife he took thither, a•e all of them Married to several Princes of the Empire. Moreover, that he died, at a Palace of the Dukes of Florence (two or three Italian-Miles distant from that City) in or about the year 1650. And, that his Body resteth in the Monastery of Nuns at Boldrone, except it be removed to the Church of St. Pancrace in Florence, where he rais'd a noble Monument for that Wife, with purpose to be there interred himself. Likewise, that he left to his Sons divers curious Mathematical Instruments, chiefly of his own In∣vention: of which, they, making little use, have disposed to the great Duke of Tuscany.
To countenance which Marriage with Mrs Southwell; it is said, that he did alledge his Mar∣riage with the Lady Alice Leigh, to be by the Ca∣non-Law, Illegal; by reason that he had Carnal knowledge of her, during the Life of his first Wife ... Sister to Mr Thomas Cavendish, the famous Navigator. But I return to the Lady Alice, his second Wife. Leaving her thus in England, with the five Daughters he had by her; viz. Aliza, and Dou∣glas, who both died unmarried; Katherine, after∣wards Wedded to Sir Richard Leveson Knight of the Bath, Frances to Sir Gilbert K•iveton Knight, and Anne to Robert Holborne Esq (afterwards Knight and Sollicitor General to King Charles the First:) she received the said sum of four thousand pounds, payable from the Exchequer: but of her Annuity (in like sort granted) there was a great Arrear, at the beginning of the late unhappy Troubles. For the receipt whereof discerning little hopes; and considering, that her Husband (then alive) had the Title of a Duke in those Fo∣reign parts, where he did reside; representing the same, to his late Majesty King Charles the First (of blessed memory) she obtain'd a grant under the Great Seal of England, bearing date at Ox∣ford, 23 Maii, in the twentieth year of his Reign, of the Title of a Dutchess, during her natural life: and likewise, that her Daughters should have place and precedence, as Children to a person of that Degree; a Copy of which Patent, I have thought fit here to exhibite* 1.4
CHarles, by the grace of God, King of Eng∣land, Scotland, France, and Ireland, De∣fender of the Faith, &c. To all Archbishops, Dukes, Marquesses, Earls, Viscounts, Bishops, Barons, Knights; and all other our loving subjects, to whom these our Letters shall come, greeting. Whereas, in or about the beginning of the Reign of our dear Fa∣ther King James, of famous memory; there was a Sute commenced, in our High-Court of Star-Cham∣ber, against Sir Robert Dudley Knight and others, for pretending himself to be lawful Heir to the Ho∣nours and Lands, of the Earldoms of Warwick and Leicester; as Son and Heir of the Body of Robert late Earl of Leicester; lawfully begotten upon the Lady Douglass his Mother, Wife to the said late Earl of Leicester; and all Proceedings stayed in the Ecclesiastical Courts, in which the said Sute de∣pended, for proof of his Legitimation. Yet, never∣theless, did the said Court vouchsafe liberty to the said Sir Robert, to examine Witnesses in the said Court of Star-Chamber, in order to the making good of his Legitimacy; and divers Witnesses were exa∣mined there accordingly. Whereupon, by full testi∣mony upon Oath; partly made by the said Lady Douglasse her self, and partly by divers other per∣sons of quality, and credit, who were present at the Marriage, with the said Late Earl of Leicester, by a lawful Minister, according to the form of Matrimony, then by Law established in the Church of England: and the said Sir Robert and his Mother, owned by the said late Earl of Leicester, as his lawful Wife and Son, as by many of the said Depositions remain∣ing upon Record, in our said Court, still appear (which we have caused to be perused, for our better satisfaction herein.) But a special Order being made, that the said Depositions should be sealed up, and no Copies thereof taken, without leave, did cause him the said Sir Robert to leave this our King∣dom. description PAGE 226 Whereof his Adversaries taking advantage, procured a special Privy-Seal, to be sent unto him, commanding his return into England. Which he not obeying (because his Honour and Lands were denied unto him) all his Lands were therefore sei∣zed on, to the King our Father's use. And, not long afterwards, Prince Henry (our Dear Brother deceased) made overture to the said Sir Robert, by special Instruments, to obtain his Title by purchase, of and in Kenilworth-Castle, in our County of Warwick, and his Mannors, Parks, and Chases belonging to the same: which, upon a great under-value, amounted (as we are credibly in∣formed) to about fifty thousand pounds; but were bought by the said Prince our Brother, in considera∣tion of fourteen thousand, five hundred pounds, and upon his faithful Engagement, and promise of his Princely favour unto the said Sir Robert in the said Cause, to restore him, both in Honours and Fortunes. And thereupon certain Deeds were sealed, in the ninth year of the Reign of our said Father; and Fines also then were levyed, setling the Inheritance thereof in the said Prince, our Brother, and his Heirs. But, the said Prince our Brother, departing this life, there was not above three thousand pounds of the said sum of fourteen thousand five hundred pounds, ever paid (if any at all) to the said Sir Robert's hands; and we our selves, as Heir to the said Prince our Brother, came to the possession thereof. And, it appearing to our Council, that the said Alice Lady Dudley, Wife of the said Sir Robert, had an Estate of Inheritance of and in the same, descendable unto her Posterity; in the nineteenth year of our said dear Father's Reign, an Act of Parliament was passed, to enable the said Lady Alice, Wife to the said Sir Robert, to alien her Estate, which she had by the said Sir Robert therein, from her children by the said Sir Robert, as if she had been a feme sole, which accordingly she did in the nineteeth year of our said Father's Reign, in consideration of four thousand pounds; and further payments yearly to be made by us to her, out of our Exchequer; and out of the said Castles and Lands, which have not been accordingly paid unto her by us, for many years; to the damage of the said Lady Alice, and her Chil∣dren, to a very great value. Which Sir Robert, setling himself in Italy, within the Territories of the great Duke of Tus∣cany (from whom he had extraordinary esteem;) he was so much favoured by the Emperour Ferdinand the Second; as that being a person, not only eminent for his great Learning and Blood, but for sundry rare endowments (as was well known) he had, by Letters Patents from his Imperial Majesty, the Title of a Duke given unto him; to be used by himself and his Heirs for ever, throughout all the Dominions of the sacred Empire. Which Letters Patents have been perused by our late Earl-Marshall and Heralds. And, Whereas our Dear Father, not knowing the truth of the lawful Birth of the said Sir Robert (as we piously believe) granted away the Titles of the said Earldoms to others, which we now hold not fit to call in question, nor ravel into our deceased Fa∣ther's actions; especially they having been so long enjoyed by these Families, to whom the said Honours were granted (which we do not intend to alter:) And yet, we having a very deep sense, of the great injuries done to the said Sir Robert Dudley, and the Lady Alice Dudley, and their Children: and, that we are of opinion, that in Iustice and Equity, the possessions so taken from them, do rightly belong unto them, or full satisfaction for the same. And holding our selves in honour and conscience obliged, to make them reparation now, as far as our present ability will enable us. And also, taking into our consideration the said great estate, which she the said Lady Alice Dudley, had in Kenilworth; and sold, at our desire to us, at a very great under-value; and yet not perform'd or satisfied, to many thousand pounds damage. And, we also casting our Princely Eye, upon the faithful services done unto us, by Sir Richard Le∣veson Knight of the Bath, who hath Married the Lady Catherine, one of the Daughters of the said Duke, by his said Wife, the said Lady Alice Dud∣ley: and also the great services, which Robert Holburne Esq hath done to us, by his learned Pen, and otherwise (which said Robert Holburne hath Married the Lady Anne one other of the Daughters of the said Duke, by his said Wife, the Lady Alice Dudley:) we have conceived our selves bound in ho∣nour, and conscience, to give the said Lady Alice and her Children, such Honour and Precedencies, as is, or are due to them in Marriage or blood. And therefore we do not only give and grant, unto the said Lady Alice Dudley, the Title of Dutchess Dudley, for her life, in England, and other our Realms, and Dominions, with such Precedencies, as she might have had, if she had lived in the Domini∣ons of the sacred Empire (as a mark of our favour unto her; and out of our Prerogative Royal, which we will not have drawn into dispute:) But we do also farther grant unto the said Lady Katherine, and Lady Anne, her Daughters, the Places, Titles, and Precedencies of the said Dukes Daughters, as from the time of their said Father's Creation, during their respective lives; not only in England, but in all other our Kingdoms and Dominions, as a testimony of our Princely favour, and grace unto them: con∣ceiving our selves obliged to do much more for them, if it were in our power, in these unhappy times of distraction. And we require all persons of Honour, and other our loving Subjects, especially our Earl Marshall, Heralds, and Officers at Arms, to take notice of this our Princely pleasure, and to govern themselves ac∣cordingly: and to cause the said places and prece∣dencies to be quietly enjoyed, according to this our gratious intention, as they do tender our displeasure, and will answer the contempt thereof at their Pe∣rils. And we further command and require, that our said Heralds do make entry of this our pleasure and Grant in their Offices accordingly. In Witness whereof we have caused these our Letters to be made Patent. Witness our self at Oxford, the three and twentieth day of May, in the twentienth year of our Reign.
S.S.