Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	ireland_n	lord_n	scotland_n	6,987	5	7.9748	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36231	Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.; Magazine of honour	Bird, William, 17th cent.; Doddridge, John, Sir, 1555-1628.	1658 (1658)	Wing D1794; ESTC R11125	103,063	198

to answere without feare 〈◊〉 then hee shall cause the Clarke of the Crowne to re●● his endictment unto him and aske him if hee 〈◊〉 guilty or not whereunto when hee hath answer● not guilty the Clarke of the Crowne shall aske h●● how he will be tryed and then hee will say by G●● and his Peeres and then the Kings Sergeants 〈◊〉 Atturney will give evidence against him whereunto when the Prisoner hath made answere th● Constable shall bee commanded to retire the Prison● from the Barre to some other place while the Lor● doe secretly conferre in the Court together and the● the Lords shall rise out of their places and consu●● amongst themselves and what they affirme shall bee done upon their Honour without any oath to be ministred unto them and when they all or the greatest part of them bee agreed they shall returne to their places and sit downe and then the High Steward shall aske of the youngest Lord by himselfe if he that is arraigned bee guilty or not of the offence whereof hee is arraigned and then of the younge●● next him and so of the residue one by one untill hee have asked them all and every Lord shall answer by himselfe and then the High Steward shall send for the Prisoner againe who shall bee led to the Barre to whom the High Steward shall reherse the verdict of the Peeres and give iudgement accordingly 〈◊〉 Stamford Pleas dol Corona lib. 3. cap. 1. Poulton 188. The antiquity of this kind of triall by the opinion of the last recited Authours is grounded from the Statute of Magna charta so called not in regard of the quantity but in regard of the weight thereof Cooke Epistle to the 8. part fol. 2. c. 29. beginning thus Nullus liber homo c. nec super eum ibimus ne● super eum mittimus nisi per legale judicium parvu ' ●●orum But I take it to be more ancient then the ●●me of Hen. 3. as brought into the Realme with the Conquerour being answerable to the Norman and French Lawes and agreeable with the Customes Fewdall where almost all the controversies arising betweene the Soveraigne and his vassall are tried per judicium Parvu ' suorum And if a Peere of the Realme upon his arraignement of treason doe stand mute or will not answer directly iudgement shall bee given against him as a Traytour convicted and he shall not bee pressed to death and thereby save the forfeiture of his lands for treason is out of the Statute of Westminster the first c. 12 15. E. 4.33 Dyer 205 and 300. But if hee bee arraigned upon an indictement of fellony he may bee mute It appeareth by this Statute of Magna charta that a Peere of the Realme shall be tried by his Peeres onely in case where he is indicted at the Kings suite of treason or fellony for the words of the Statute be We will not passe or sit in judgement upon him but by his Peeres But if an appeale of murder or other fellony be sued by any Common person against a Peere of the Realme hee shall bee tried by Common persons and not by his Peeres Stam. Pleas del Coron lib. 3. cap. 1. Brooke triall 14● Poulton 188 6. This priviledge hath some restrain● as well in regard of the person as in the manner of proceedings As touching the person First the Archbishops and Bishops of this Realme though they bee Lords of the Parliament if they bee impeached of such an offence they shall not be tryed by the Peeres of the Realme but by a jury of Knights and other substantial● persons upon their oaths the reasons thereof alleadged is for as much as Archbishops and Bishops cannot passe in like cases upon the triall of any other of the Peeres for that they are prohibited by the Common and Ecclesiasticall Lawes to bee Iudges of life and death and reason would that the other Peeres should not trie them for this triall should bee mutuall for as much as is performed upon their Honours without any oath taken And so by the way you may see the great regard the Law hath to the word of a Peere of the Realme when he speaketh upon his Honour even in a case concerning the life of a man and that of a Peere and therefore ought they much more to keepe their words and promises in smaller matters when they engage their Honours for any fast cause or consideration Crompton Courts 13. Secondly as touching the Persons no temporall Lords but they that are Lords of the Parliament shall have this kind of triall and therefore hereout are excluded the eldest Sonne and Heire apparant of 〈◊〉 Duke in the life of his Father though he be called an Earle and it was the case of Henry Howard Earle of Surrey Sonne and Heir apparant of Thomas Duke of Suffolke in 38. H. 8. which is in Brooks abridgement treason likewise the Son and Heir apparant of an Earl though he be called Lord or Baron And all the younger Sonnes of the Kings are Earles by birth though they have no other creation but shall not be partakers of this or other priviledges incident to the Lords of the Parliament Thirdly those that are Barons of the Nobility of Ireland or of Scotland if upon the like offence committed in England they be apprehended in England they shall not have their triall by Peeres no though they were borne within England for they received their dignity from a King of their Nations But if the King of England at this day do create one of his subjects of Scotland to be Viscount Rochester within England or by ordinary summons under his great Seale doe call him to his upper House of Parliament do assign him a place and to have a voice there in his great Councell amongst the Lords and Peeres of the Realme he shall thereby also be a Peere of the Realme and be partaker with them in all priviledges and thus much concerning the restraint of the said priviledges in respect of the person as touching the manner of proceeding it appeareth by the said statute of Magna charta c. 29. that a Peere of the Realme shall be tried by his Peeres only in case where he is indicted at the Kings suite of treason or fellony for the words of the statute be Nec super cum ibimus But if an appeale of murder or other fellony be sued by any Common person by a Peere of the Realme he shall be tried by Common persons and not by his Peeres Stam. Pleas del Corone lib. 3. cap. 1. Poulton 118. and so was Fines Lord Dacres tried in appeale of murder 33. H. 8. Brooke Abridgement trials 142. The Nobility of this Realme enjoy that priviledge that they are not to be impanelled in any Iury or Inquests to make tryall or Enquiry upon their corporall oathes betweene party and party for they may have their writ for their discharge to the Sheriffe Rex Vic ' Com c. quia barones regni

or for his marriage though he be within age Cooks 6. part 74. in Druries case Nobility and Lords in reputation onely THere are other Lords in reputation and appellation who neverthelesse are not de jure neither can they enjoy the priviledge of those of the Nobility that are Lords of the Parliament The sonne and heire of a Duke during his fathers life is onely by curtesie of speech and honour called an Earle and the eldest sonne of an Earle a Baron but not so in legall proceedings or in the Kings Courts of Iustice Brook Treason 2. But the King may at his pleasure create them in the life of their Ancestors into any degree of Lords of the Parliament Cook 8. part 16. b. A Duke or other of the Nobilitie of a forraigne Nation doth come into this Realme by the Kings safe conduct in which the Kings said Letters of Conduct he is named Duke according to his Creation yet that appellation maketh him not a Duke c. to sue or to be sued by that name within England but is onely so reputed But if the King of Denmark or other Soveraigne King come into England under safe conduct he during his aboad in England ought to bee stiled by the name of King though hee have not merum imperium out of his owne Kingdome yet he shall retaine honoris titulos Cook 7. part 15. b. sequentia All the younger sonnes of the Kings of England are of the Nobility of England and Earles by their birth without any other Creation and onely Lords in reputation And if an English man be created Earle of the Empire or of other title of honour by the Emperour he shall not beare the title in England and therefore is an Earle onely in reputation A Lord of Ireland and Scotland though he be a Postnatus is not a Lord in England in legall Courts of Iustice though he be commonly called and reputed a Lord. NOBLE VVOMEN ALthough Noble women may not sit in Parliament in respect of their sexe yet they are in the law Peeres of the Realm and all or most of the Prerogatives before mentioned which to Noblemen are belonging doe also appertaine to them Cook 8. part 53. But the opinion of some men hath been that a Countesse Baronesse or other woman of great estate cannot maintaine an action upon the statute de scandalis Magnatum because the statute of 2. R. 2. cap. 5. speaketh but of Prelates Dukes Earles Barons or other Nobles and other great men of the Realme and of the Chancellour Treasurer Clarke of the Privie Seale Steward of the Kings house Iustice of the one Bench or of the other great officers of the Realm by which words they conceive the meaning of the makers of that statute was onely to provide in that case for Lords and not for women of honour Crompton Justice of Peace 45. b. Also if any of the Kings servants within his Check-roll doe conspire the death of any Noble man it is not felony within the compasse of the statute 3. H. 7. cap. 13. Honourable women are of three sorts By creation by Descent or by Marriage King Henry the eighth created Anne Bullen Marchionesse of Pembrook and so may the King create any woman into any title of honour as to his Highnesse shall seem good As the King by by his Letters Patents openly read in the Parliament did create _____ Widow the sole daughter of _____ late Baron of Abergavenny Baronesse De le Spencer Cambden 63.6 Noble women by descent are those to whom either the lands holden by such dignity do descend as heir and they are said to be honourable by tenure or those whose Ancestors to whom they are heires were seised of an estate descendable unto them in their titles of Dukedomes Earldomes or Baronies or those whose Ancestors were summoned to the Kings Parliament for thereby also an inheritance doth accrue to their posterities Noble women also are those who do take to their husbands any Lord or Peere of the Realme although they of themselves were not of any degree of Nobility Fortescue de laudibus legum Anglia fol. 100. Question and doubt hath been made whether if a man be summoned to the Parliament and afterwards die without issue male the dignity and title of honour may descend to the heire female and many arguments have beene made pro contra in that which at this time I doe purposely omit because I have before discoursed thereof in the title of Barons in this Treatise Concerning the title of honour descendable to the heire female by reason of a tenure in her Ancestor there need no more doubt to be made than of offices of honour the which doe much import the publike wealth and being of estate of inheritance doe descend to the heire female if there be no heire male as the office of high-Constableship of England challenged in the time of H. 8. by the Duke of Buckingham and judged by the advice and resolution of the Judges as by a note of that case extant whereof my Lord Dyer in his Reports hath a memoriall is most evident Dyer 283. b. Kellaway 6. H. 8.170 b. which descended to the daughters of Humphrey de Bohun Earle of Hereford and Essex as afore is declared the office of a Lord Steward descended to Blanch daughter of Henry Earle of Lancaster in whose right John of Gaunt her husband enjoyed the same The like may be said of the office of Earle Marshall which descended by an heire female unto the house of Norfolk all which offices are as unfit to be exercised by a woman as it is unfit for a woman to be summoned to the Parliament as Baronesse by writ as before is written And when the title of honour doth descend to a woman if question in Law doe arise betweene the noble woman and any other person whether she be of that degree of noblenesse or no the issue shall be tried by the Record thereof and by the Kings writ it shall be certified and not by a Jury of twelve men even as it should be in case her Ancestors had beene party Cooks 6. part 53. 7. part 15. Although the Lawes of this Realme regularly doe make all the daughters where there are no sonnes equally to inherit Lands and Tenements and to be but one heire to their Ancestor yet it is not so in the descent of dignities and titles of honour for inheritances concerning matters of honour being things in their nature entire paticipating of superiority and eminency are not partable amongst many and therefore must of necessity descend unto one and that is to the eldest daughter sister aunt or cosin female inheritable where there is no heires males that may lawfully challenge the same and so in this point is the civill Law Neverthelesse there was a Judgment in the time of H. 3. touching the descent of the Earldome of Chester after the death of the Earle who dyed without issue his sisters being his

other parts holden by the same tenure of the King by posteritie the King granteth his Seigniory to the Queene and afterwards the Tenant dyeth the sonne within age in this case the King shall have the Wardship of the Body and have the Prerogative even as the King himselfe should have had 3. E. 3 4. vide etiam Stamford Prerog Reg. cap. 2. The Queene wife unto the King or widdow shall not be amerced if she be non-suited in any Action or otherwise in which cases any other subject of what degree soever shall be amerced for in this case the Queen shall participate the Kings Prerogative Cookes 6. Report 62. But the Queene shall not in all cases have the same Prerogatives that the King shall have in the same case as for Example Petition is all the remedy the Subject hath when the King seizeth his Lands or taketh away his Goods from him having no title by order of Law so to doe contrary to the opinion of some ancient Bookes as you may see Stamfords Prerog cap. 19. But in such suit shall be made to the Queene but actions against other Leiges of the King according as the case shall require for by the same reason that the Queene may be Plaintiffe and Demandant in actions without the King by the same reason that the Queene may be Plaintiffe and Demandant in actions without the King by the same reason he shall be Defendant or Tenant without pertaking such Prerogatives as doe appertaine to the King 11. H. 4.64 B. Stamford Prerog cap. 22. ●n fine Against the King by his Prerogative Nullum tem●us occurit Regi but time shall runne against the Queen H. 18. E. 3.2 a. and aplenarty by sixe mouthes is a good plea in a Quare Imp. brought by Philippa Regina Angliae ibid. fol. 1. et 13. b. Stamford Prerog cap. 18. trope finem In 21. E. 3.13 b. It is thus to be read note that a protection was sued forth against the Queen in a Writ which she brought and it was allowed though shee be a person exempt Neverthelesse by this short case following may bee observed that the Justices doe not easily suffer any proceedings in Law against the Queene wife or widdow but will hold with their Inmities as much as they may by Law A Writ of dower was brought against Isabel Queene of England mother of the King that then was and the Court said to the Plaintiffe the Queene is a person of dignitie and excellencie and we are of opinion that she shall not answer to the Writ but it behooveth you to sue to her by Petition and thereupon the Demandant dixit grat and shee prayed the Court to grant a continuance of her Action untill another day so that in the meane time she might sue to speake with the Queen but the Court would not agree to make a Continuance but said that upon her request they might give d●● precepart and so it was done for the Queenes Councel would not agree to a continuance for thereby th● Queene should bee accepted as answerable 10. 〈◊〉 3.379 The wife of the Kings eldest sonne also hath som● Prerogative in regard of the excellencie of her Husband which the wives of other Noblemen have not fo● by the Statute of 25. E. 3. it is high Treason to violate the wife of the Kings eldest sonne and heire Dutchesses also and Countesses have speciall Honour appertaining to their Estates as kneeling and tasting and such like which things as appertaining more properly to the Heraulds then to this legall discourse I leave unto them By the Statute made 7. Iac. cap. 6. intituled And Act for the Administring the oath of Allegiance and Reformation of Women recusants if any person or persons of or above the age of 18. yeeres and degrees aforesaid must and hereafter shal stand and be presented indicted or convicted for not comming to Church or not receiving the holy Communion or Sacraments of the Lords Supper according to the Lawes and Statutes of this Realme before the Ordinary or other having lawful power to take such presentment or indictment then 3. of the Privie Counsell of the King his Highnesse his Heires or Successours and no other whereof the Lord Treasurer the Lord Chancellour Lord Privie Seale or principall Secretary to be one upon knowledge shall require such person or persons to take the said Oath but it shall be lawfull to and for every Bishop within his Diocesse to require any Baron or Barons of the age of 18. or above to take the said Oath Also in cases of indictment of Felony or Treason a Baronesse shall have the same tryall by Peeres as doth appeare by the Statute of 20. H. 6. cap. 9. which any other Noble woman of higher degree shall have which priviledge is denyed to all of a lower degree then a Baronesse Ladies in Reputation The wife and widdow and widdow of the sonne and heire of a Duke or Earle in the life of his Father is a Lady by courtesie of speech and honour and taketh place according as in ancient time hath been permitted by the Soveraign Prince and allowance of the Herauld but in legall proceedings they are not to have priviledges nor to be named according to such sirnames of dignity but the King may at his pleasure create such men in the life time of their Ancestors into degrees of Lords of his Parliament and then the Law is otherwise If a Noblewoman of Spaine come into the Realme by safe conduct or otherwise by the King shee be stiled by such her forraign stile of dignity yet in the Kings Courts of Justice she shall not be named by such title though by common speech she be a Lady in reputation An English woman borne doth take to her Husband a Spanish or French Duke though he be made a Denizen yet he shall not beare his title of dignity in legall proceedings A German woman is married to the Earl of Northam or to other the Nobility of England unlesse she be made a Denizen she cannot lawfully claim the priviledges or title of her husband no more then she can to have dower or any jointure from him An English Woman doth take to Husband the Earle of Kildare in Ireland or if a Lord of Scotland though he be a post natus take an English woman to his wife their wives shall not participate their husbands Titles of Dignitie But if the King do create one of his Subjects of Scotland naturalized here by Act of Parliament to be Viscount Rochester within England and after by his Writ of Summons under his Great Seale doe call him to his uper House of his Parliaments and assigne him a place there in his great Councell amongst the Lords and Peeres of the Realme hee is now also a Peere of this Realme and shall be partaker with them in all Priviledges and by consequence his wife widdow and children after him 32. E. 3.35 in le case de Gilbert Humfrevill But if an Englishman by the

judiciall proceedings onely by such name and title as he hath received from the King of this Realm whose Subject he is and if by the King of England he be not advanced to Title of Honour then shall he bear the name of his Baptism onely and Surname unlesse he be a Knight 20 Ed. 4.6 Cook 7. part 16. a. A Duke of Spain or of other forraign Nation cometh into England by the Kings safe-Conduct in which also the King doth stile him Duke according to his Creation neverthelesse in all proceedings in the Kings Courts he shall not be stiled by his name of dignity Cook in the last Book before And though the said Noble person be also by the Kings Letters Patents and by his forraign name and title of dignity made Denizen for that is the right name so called because his legitimation is given unto him for if you derive Denizen from Denizee as one born within the Allegiance or Obedience of the King then such a one should be all one with a naturall born Subject wherein a Denizen faileth in many things or if they be naturalized also by the authority of Parliament whereby he seemeth to be in all things made as a Subject born in England yet he shall not be stiled with his forraign title of dignity Cooks 7 part 15. a. And so it is if a Noble man of France c. come into England as Ambassadour and here by lawfull Marriage hath issue a sonne the father dieth the son is by birth a naturall English-man yet he shall not bear the Title of Honour of his father and the cause and reason hereof is Because the title of his Nobility had his originall by a French King and not by any naturall peration which thing is well proved both by authority of Law and experience in these dayes for in the book last mentioned in that leaf is resolved a more stranger case that is albeit that a Postnatus of Scotland or Ireland who is in these dayes a naturall Subject to the King of England or any of his posterity be he the heir of a Noble man of Scotland or of Ireland yet he is none of the Nobility of England But if that Allien or stranger born or Scot be summoned by the Kings Writ to come unto his Parliament and is therein stiled by his forraign stile or by other Title whereunto he is invested withi● England by the Kings grant then from thenceforth he is a Peer of this Realm and in all Judiciall and legall proceedings he ought to be so stiled and by no other name 39 Ed. 3.36 And it was the case of Guilbert Humphreyvile Earl of Anger 's in Scotland For it appertaineth to the Royall prerogative of the King to call and to admit any Alien born to have voyce and place in his Parliament at his Parliament at his pleasure although it is put in practice very rarely and seldome time and that for very great and weighty considerations of State And if after such Parliamentary Summons of such a stranger born question do arise and the issue whether he is of that title or no it may well be tryed by the Records which is the onely lawfull tryall in that case Cooks 7. part 15. a 6 part 53. But there is a diversity worthy the observation for the highest and lowest dignities are universall and therefore a Knight in all place soever he received his title of dignity and so ought of right and by Law be named in the Kings Courts 26 Ed. 4.6.39 Ed. 3.36 Also if the Emperour or the King of Denmark or any other forraigne King come into this Realm by safe-Conduct as he ought For a Monarch or an absolute Princ● though he be in League cannot come into England without License and safe-Conduct of the King of England but any subject to such forraigne King in league may come into this Realm without License Cook 7. part 21.6 In this c●se he shall sue and be sued by the name of Emperour or King otherwise the writ shall abate There is a notable president cited out of Fleta where treating of the Jurisdiction of the Kings Court of Marshalsey it is said And these things he may lawfully do by Office that is to say the Steward of the Kings Houshold notwithstanding the liberty of any other although in another Kingdom where the offender may be found in the Kings house according to that which happened at Paris held in the 14 yeer of Ed. 1. of one Engleam of Nogent taken in the Houshold of the King of England the King himself being then in Paris with Silver dishes lately stollen at which deed the King of France being present and whereupon the Court of the King of France did claym cognizance of the plea concerning that theft by Jurisdiction of the Court of Paris the matter being diversly debated in the Councell of the King of Fr●n●e at length it was ordered that the King of England should use and enjoy that his Kingly prerogative of his Houshold where being convicted by Sir Robert Fitz. John Knight Steward of the Kings Houshold of the theft by consideration of the same Court was hanged on the Gallows in St Germans fields Cooks 7. part 15.6 And there by the way may also be noted from the reason in the recited Books alleadged the person of a King in another Kings Dominions is not absolutely priviledged but that he may be impleaded for debt or trespasse or condemned for Treason committed within the said Dominions for it is a generall Law of Nations That in what place an offence is committed according to the Law of that place they may be judged without regard of any priviledge neither can a King in another Kingdom challenge any such prerogative of immunity from Laws for a King out of his proper Kingdom hath no merum Imperium absolute power but onely doth retain bonoris titulos dignitatis the Titles of Honour and Dignity so that w●ere he hath offended in his own person against the King of the Nation where he is per omnia distringitur etiam quo●d personam he may be distrayned even to his own person And the same Law is of Ambassadours ne occasio daretur delinquendi lest occasion of offence be given like as a sanctuary will save a mans life from man-slaughter but not when man-slaughter is committed within the Sanctuary for then he doth wilfully wave the benefit of all priviledges and prerogatives and neverthelesse it bindeth firm that Ambassadours are called Legats because they are chosen as fit men out of many and their persons be sacred both at home and abroad so that no man injuriously may lay violent hands upon them without breach of the Law of Nations and much lesse upon the person of a King in a strange Land Bracton a Judge of this Realm in the Raign of King Hen. 3. in his first Book 8 saith in effect as followeth There is no respect of persons with God because God is no accepter of persons

of the Kings eldest Sonne and Heir is crimen lasoe Majestatis high treason or if a man do violate the Wife of the Kings eldest Sonne and Heir it is high treason and see the Statute 20. Hen. 8. cap. 13. And so was the ancient common Law of England and not a new Law made by this Statute Cooks 8. Part. 28.6 But this Statute is a manifestation and declaration or publication of the ancient common Law in this Case By a Statute made in the said 25. yeer of King Ed. 3. It is declared because the people be in ambiguity and doubt of the children born in the parts beyond the Sea out of the Kings Legiance of England should be able to demand any inheritance within the same Legiance or not Whereof a Petition was put into the Parliament late holden at Westminster the 17. yeer of the raign of our Soveraign Lord the King assembled in this Parliament and was not at the same time wholly assented Our Soveraign Lord the King willing that all doubts and ambiguities should be put away and the Law in this case declared and put in a certainty hath charged the said Prelates Earls Barons and other wise men of his Councell assembled in this Parliament to deliberate upon this point who with one assent hath said That the Law of the Crown of England is and alwayes hath been such that Les Enfants du Roy the children of the King of England in whatsoever part they be born in England or elsewhere be able and ought to bear the inheritance after the death of their Ancestors which Law our Soveraign Lord the King the said Prelates Earls Barons and other great men and all the Commons assembled in this Parliament do approve and affirm for ever Note These words in the Statute Les Infants du Roy have briefly set down and in a vulgar manner for loquendum ut vulgus and not in form of exquisite pleading for sentiendum ut docti and therefore ought to be understood largely Cooks 7. part 11.6 and as the Latine word liberi is with the Civilians Bract. lib. 2. cap. 29. hath these words Item descendit jus vero heredi ubicunque nat in fuerit vel in utero matris intra mare vel ultra Nec potest sibi aliquis facere beredem quia solus Deus heredem facit The right doth deseend unto the true Heir wheresoever he shall be born in the Womb of his Mother on this side the Sea or beyond no man can make an Heir unto himself because God only doth make the Heir read the Statute and Cook 7. part 18. a. Where you shall see that though generally the birth-place is observable yet many times Legiance and obedience without any place within the Kings Dominions may make a Subject born for though we see by experience almost in every Parliament Ambassadors Merchants and the Kings souldiers doth shew there in such causes to have their children naturalized or made denixens yet that doth proceed onely of doubt and needlesse scupulosity and ignorance of the Law even as we see men that are doubtfull desire to be resolved as may appear by sundry covenants in bargaining more then necessary And by renuing of Chartes though there be no forfeitures and by suing forth particular pardons when a generall is granted by Parliament Priests and Ministers see to the Parliament for legitimation of their children And in the Articles confirmed by Parliament touching the marriage between Philip Prince of Spain and Queen Mary a speciall proviso was to barre him from being Tenant by the courtesie of the Crown in case he should have iss●e by her and survive which was superfluous because the Common-Law would have denyed this last point See the Lord Cromwels Speech in the case of the Postnati fol. 36. But note that if an Alien Enemy come into this Realm and his Wife English or stranger be delivered of a childe within England this childe notwithstanding his birth-place is an Alien born for want of allegeance in the Parents Ibidem King Henry did create Edward his eldest Sonne the first Prince of Wales and did give unto him the dignity and Dominion of it to be holden of him and his Heirs Kings of England and after that time the eldest sonne of the King of England hath been Prince of Wales and as incident to the State and dignity of a Prince and might make Laws and Statutes and use jurisdiction and authority as amply as any King of that Nation could do Cooks 7. part 21.6 Vide Mills fol. 312. Plowden 126. For Wales was a Kingdom in ancient time But in a Statute made in the 12. Ed. 1. Wales was united and incorporated into England and made parcell of England in possession And note in Tho. Mylls 112. the devise of the said King was to draw the Welchmen to acknowledge the Kings eldest Son Edward of Carnarvan to be their Prince Also by another Statute made 27. Hen. 8. cap. 24. a generall resumption of many liberties and franchises heretofore taken or granted from the Crown as the authority to pardon Treason murther man-slaughter and fellony power to make Justices in Oyre Justices of assize Justices of peace Goal delivery and such like so that from thenceforth the Kings eldest Sonne hath only the name and stile of Prince of Wales but no other Jurisdiction then at the Kings pleasure is permitted him and granted by his Letters Patents as by the tenour thereof following made by King Henry the eight to Edward his sonne and heir apparent may appear Henry Ireland was before 33. Hen. 8. a Lordship and now is a Kingdom and the King of England was as absolute a Prince and Soveraign when he was Lord of Ireland as now when he is stiled King of the same Cooks 7. part By the grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Justices Viscounts Governours Ministers and to all our Bailiffs and faithfull Subjects greeting out of the excellency of Royall preheminence like as the beams from the Sunne so doth inferiour honour proceed neither doth the integrity of Royall lustre and brightnesse by the naturall disposition of the light-affording light feel any losse or detriment by such borrowed lights yea the Royall Scepter is also much the more extolled and the Royall Throne exalted by how much more noblenesse preeminences and honours are under the power and command thereof And this worthy consideration allureth and induceth us with desire to the increase of the name and honour of our first begotten and best beloved Sonne Edward in whom we behold and see our selves to be honoured and our Royall House also and our people subject to us hoping by the grace of God by conjecture taken of his gratious future proceedings to be the more honourably strengthned that we may with honour prevent and with aboundant grace prosecute him who in reputation of us is deemed the same

degree which they call creation Money this is so annexed unto the Dignity that by no grant assurance or any manner of Alienation it can be given from the same but is still incident and a support of the same Creation Dyer fol. 21. c. Jn all Cases wherein Suite of Law a Baron or Peere of the Realme is to be amerced other then a Duke his amercement is no lesse t●e 12 100. s 9 E. 4.9 21. E. 4.77 38. E. 3.31 9. H. 6.21 but the amercement of a Duke is 10. l. 19. E. 4.9 1 H. 6.7 although the Statute of Magna Charta Chap. 14. be in the negative viz. Comites at Barones non amerciantur nisi per pures suos et non nisi secundum modum delicti and yet the usage hath ●educed it into a certainty also by the same Statute it ●ppeareth that such amercements should be afferred per ●ures suos but for that it were troublesome to assemble ●arons for so small a matter such amercements in times ●ast hath beene afferred by the Barons of the Exchequer who sometimes were Barons of the Realme as is be●ore in this Treatise mentioned and hereof writeth Bracton Lib. 3. Tract 2. chap. Fol. 116. viz. Comites ●iero vel Barones non sunt amerciandi nisi per paces suos secundum modum delicti hoc per Barones de Scacario vel coram ipso Rege Vid. Cooke 8. part 39. sequentiae this Section is to be omitted because it is more fitly to be written hereafter If a Plaintiffe recover against a Peere of the Realme in an Action of debt or trespasse upon such a Plea pleaded by him or other default in him so that a Fine thereby doth grow to the King and thereupon on a Capias per Fine issueth out against him this shall not prejudice that Nobleman so as the Plaintiffe may thereby take advantage by prayer that he shall abide in Execution for the Plaintiffe neither without his prayer nor though he doe pray it by the opinion of Brian Justice 14. H. 7.21 VVhereas by a Statute made 32. H. 8. Cap. 16. Jt is enacted that the Subjects of the Realme shall not keepe in their Families or Houses above the number of Foure Strangers borne neverthelesse by a proviso in the said Act every Lord of the Parliament hath his priviledge allowed unto him to keepe in his Family the number of six Strangers borne any thing in that Act to the contrary notwithstanding By the Statute of 24. H. 8. Cap. 13. a. A Priviledge was granted to the Nobility according to their degrees concerning their Apparell but because by a Statute made in the first Yeare of the King that now is Chap. 25. all Lawes and Statutes made concerning Apparell are taken away I leave further to speake of that matter 1. Jac. cap. 25. By the Statute of 5. R. 2. cap. 12. The King our Soveraigne Lord of his Royall Majesty defendeth the passe utterly of all manner of people aswell Clarkes as others in every Port and other Towne and place upon the Coasts of the Sea upon the paine of forfeiture of all their goods except onely the Lords and other great men of the Realme and true and Noble Merchants and the Kings Souldiers and every person then is before excepted which after publication of this Ordinance made shall passe out of the said Realme without the Kings speciall Lycence which Lycence the King willeth and commandeth that it be not from henceforth made but in one of the Ports vnder written that is to say London Sandwich Dover Southampton Plimouth Dartmouth Bristoll Yarmouth St. Buttolphe Kingstone upon Hull Newcastle upon Tine and the other parts and passages towards Ireland and the Iles pertaining to England shall forfeit towards the King as much as he hath in goods as afore is said but because this Statute is also taken away by a ●●te Act of Parliament made in the fourth yeare of King James cap. 1. J doe not set downe this for ●ne of the Priviledges appertaining to the Nobility 〈◊〉 this day But Phillip Earle of Arundel Sonne of Thomas Duke of Norffolke was taken upon the Sea passing in●o France about the 30. yeare of the late Queene ●nd was fined in the Star-chamber to a great summe because he did not take Shipping at one of the Ports mentioned Cromptons Courts 31. Whereas by the Statute of 2. H. 2. Parl. 2. cap. 1. Jt is ordained that the Justices of Peace in every County named of the Cuorum should be resident in the Shieres wherein they are Justices there is a Proviso whereby the Lord and Peeres of the Realme named in such Commission are excepted By the Statute of 1. E. 6. cap. 12. amongst other things it is enacted that in all and every case and Cases where any of the Kings Subjects shall and may upon his Prayer have the Priviledge of his Clergie as a Clarke Convict that may make purgation in all those Cases and every of them and also in every Case and Cases of Fellony wherein the priviledge and benefit of Clergie is taken away by this Statute wilfull malice and poysoning of malice prepensed onely excepted the Lord and Lords of the Parliament and Peere and Peeres of the Realme having place and voyce in Parliament shall by vertue of this Act of Common grace upon his and their Requests and Prayer alleadging that he is a Lord or Peere of the Realme claiming the benefit of this Act though hee cannot reade without burning of the Hand losse of Inheritance or corruption of his blood bee adjudged deemed taken and used for the first time onely to all Jnstructions intents and purposes as a Clarke Convict which may make purgation without any further or other benefit of the Clergy to any such Lord or Peere from thenceforth at any time after for any cause to bee allowed adjudged or admitted any Law Custome Statute or any thing to the contrary notwithstanding By this Statute a Lord of the Parliament shall have the priviledge of his Clergy where a common person shall not viz. for the breaking of a house by day or night for robbing of any in the high way and in all other cases excepted in the Statute of 1. E. 6.12 saving in wilfull murder and poysoning But in all other cases wherein Clergy is taken away by any Statute made since the said Statute of 1. E. 6. he is in the same Degree that a common and inferior person is but the Court will not give him the benefit of this Statute if he doe not require it Jf the Lord of the Parliament doth confesse his offence upon his Arraignment or doth abjure or is outlawed for Fellony it seemes that in those cases he may have the benefit of this Statute viz. his Clergy for that by the Statute of 18. Eliz. cap. 18. he nor any other need to make his purgation but shall be forthwith delivered out of prison by the Justices sed quaere Poulton 202. b. By the Jmperiall Constitutions