is no accepter of persons for as unto the Lord he that is greater is as the lesser and he that doth govern as the servant but with men there is a difference of persons viz. The King and under him Dukes Counts Barons Vavasors and Knights Counts so called because they take their name from the County or from the word society who may also be tearmed Consull of Counselling For Kings do associate such men unto them to govern the people of God ordaining them into great honour power and name when they do gird them with swords that is to say ringis gladiorum with the Belts of their swords ringis so called * quasi renes girans circundans for that they compasse the Reins of such that they may keep them from incest and luxury because luxurious and incestuous persons are abominable unto God upon this cause were the stations and encamping of Arms called in the ancient language of Rome casâ—â—â— even of the word Castrare to geld since that they ought to be castrata vel castra In that place ought a good Generall to foresee that Venus delights be as it were gâ—lded and 〈◊〉 off from the Army vide Sir John Ferne his Book intituled The glory of generosity The sword also doth signifie the defence of the Kingdome and Countrey There be other Potents under the King which are called Barons that is to say robor belli the strength of Warre There be others which are called Vavasors viri magnâ— dignitatis â—en of great dignity for Vavasor cannot better be said to be any thing than Vas sortitum ad valetudinem a vessel chosen for valour or as men standing with their Generall ad valuas Regni and this is enough if not too much in generall spoken of the Nobility of England now follow I a more particular discourse of them according to their severall degrees The Prince THe Kings eldest Sonne and Heir apparant is stiled Prince Quasi primum locum capiens post Regem the first next the King To him it was permitted by the Statute of 24. Hen. 8. cap. 13. To wear Silk of the colour of Purple and Cloth of Gold of Tissue in his apparell or upon his horse but by another Statute made in the fourth yeer of King James Chap. 25. all Laws and Statutes concerning apparell are taken away And by the Statute of 34. Hen. 3. cap. 2. Taking shall not be from henceforth made by others then by the Purveyors of the King of the Queen and of the Prince their eldest Sonne and that if any other mans Purveyor make such taking it shall be done of them as those which do without warrant and the deed judged as a thing done against the peace and the Law of the Land and such as do not in manner aforesaid shall be duly punished To eschew maintenance and nourish peace and amity in all parts of the Realm many Statutes have been made in the Raign of Hen. 4. prohibiting the giving of signes or Liveries to any but to their menialls Neverthelesse by the Statute of 2. Hen. 4. cap. 21. It is provided that the Prince may give his honourable Liveries of signes to the Lords or to his meniall Gentlemen and that the said Lords may wear the same as they wear the Kings Livery and that the menialls of the Prince may also wear the same as the Kings menialls But afterwards by occasion of divers other Statutes of latter times made by sundry other Kings for the suppressing of that enormity of maintenance and of the generall words in them that priviledge of the Prince was abridged or rather taken away therefore the Statute of 12. Ed. 4. was made as followeth Item Our Soveraign Lord the King considering that the Prince the first begotten Sonne to the King of England hath been at their liberties to give their Liveries and signes at their pleasure and that divers Statutes against givers and takers of Liveries and signes as well in the time of his noble raign as in the time of his progenitors and predecessors hath been made and that by force of the said Statutes his dear beloved first begotten sonne Edward Prince of Wales Duke of Cornwall and Earl of Chester is as well as any other person restrained to give any such Liveries and signes as our Soveraign Lord the King willing that his first begotten sonne the Prince be at his liberty in receiving any person and giving his signes and Liveries in as large form as any Prince first begotten sonne of any of his Noble Progenitors and predecessors in time pasâ— have been hath ordained and established by authority of the said Parliament that the Prince shall be at his liberty to retain and give his honourable Livery and signe at his pleasure and that the persons so â—â—â—â—ined or to whom such Liveries or signes be or shall be given may be retained and received and wear the same Livery and sign without trouble impediment or impeachment pain contempt or forfeiture or any penalty contained in any of the said Statutes or in any thing in them comprised notwithstanding Nor that the said Statutes in any manner shall extend to any retaining to be made by the said Prince in giving taking or retaining of any Livery or signe of the Prince By the Statute 21. Hen. 8. cap 13. The Prince may retain as many Chaplains as he will though all others of the Nobility other then those of the Kings bloud be restrained to a certain number and they or any of them may purchase licence or dispensation and take receive and keep personages or benefices with cure of souls By order of the common Law a King might have a reasonable ayde of all his Tenents as well of those that did hold of his highnesse by Knights service as of those that did hold their Land in soccage That is to make his eldest Sonne But first note that the ayde is not to be recovered before the Sonne be of the age of 15. yeers or before the Daughter accomplish the age of 7. yeers Fitz Harbert Nat. brevium Knight and for the Marriage of his eldest Daughter and the summe of money was not in certainty but at the Kings pleasure till by the Statute made in the 25. of Ed. 3. cap. 11. by which is enacted as followeth Item It is assented that reasonable aid to make the Kings first Sonne Knight and to marry his eldest Daughter shall be demanded and levied after the forme of the Stature thereof made and not in other manner that is to say of every Knights Fee holden of the King without mean rate 20s and no more and of every 20â— of Land holden of the King without mean in soccagâ— 20s and no more and so rata pro rata of the Lands in soccage And for Lands of the â—enure of Chevalry according to the quantity of the Fee By another Statute made in the said 25. yeer of Ed. 3. cap. 2. amongst other things it is declared that to compasse
apparant of the King of England and of such a King who is heir unto the said Prince Edward And such a first begotten son and heir apparant to the Crown shall inherit the said Dukedom in the life of the said King his father with manner of limitation of estate was short excellent and curious varying from the ordinary Rules of the Common Law touching the framing of any estate of inheritance in fee-simple or fee-tail And neverthelesse by the authority of Parliament a speciall fee-simple iâ— in that onely case made as by judgment may appear in the Book aforesaid and the case thereof fol. 27. and 21 E. 3. 41. b. And ever since that creation the said Dukedom of Cornwall hath been the peculiar inheritance of the Kings eldest son ad supportandum nomen onus bonoris to support the name and weight of that his honourable estate during the king his fathers life so that he is ever Duxnatus non creatus a Duke born not created and the said Duke the very first day of his nativity is presumed and taken to be of full and perfect age so that he may sue that day for his livery of the said Dukedom and ought of right to obtain the same as well as if he had been full 21 yeers of age And the said Black-Prince was the first Duke in England after the Conquest for though Bracton who made his Book in H. 3. saith Et sunt sub regâ—duces as before appeareth yet that place is to be understood of the ancient kings who were before the conquest for in Mag. Charta which was made in Anno 9 H. 3. we finde not the name of Duke amongst the Peers and Nobles there mentioned For seeing the Norman Kings themselves were Dukes of Normandy for a great while they adorned none with this honour of Duke And the eldest son of every King after this creation was Duke of Cornwall and so allowed As for example Henry of Munmouth eldest son of H. 4. and Henry of Winsoâ— eldest son of H. 5. and Edw. of Westminster the first son of Ed. 4. and Arthur of Winchester first son of H. 7. and Edward of Hampton first son of H. 8. but Richard of Burdeaux who was the first son of the Black-Prince was not Duke of Cornwall by force of the said creation for albeit after the death of his father he was heir apparant to the Crown yet because he was not the first begotten son of a King of England for his father dyed in the life time of king Ed. 3. the said Richard was not within the limitation of the grant and creation by authority of Parliament made in the 11 yeer of king Edward above mentioned And therefore to supply that defect in the 5. yeer of Ed. 3. he was created Duke of Cornwall by a speciall Charter Elizabeth eldest daughter to king Edw. 4. was not Dutches of Cornwal for she was the first begotten daughter of king Edw. 4. but the limitation is to the first begotten son Henry the 8. was not in the life of his father king H. 7. after the death of his eldest Brother Arthur Duke of Cornwall by force of the said creation for albeit he was sole heir apparant to the king yet he was not his eldest begotten son Cooks 8 part 29. b. and 30. a. And the opinion of Stamford a learned Judge hath been that he shall have within his Dukedom of Cornwall the kings Prerogatives because it is not severed from the Crown after the form as it is given for none shall be inheritour thereof but the kings of the Realm For example whereas by the Common Law if a man hold divers Mannors or other lands and toâ—ements of severall Lords all by knights service some part by priority and ancient Feoffment and other lands by posterity and by a latter Feoffment and the Tenant so seized dyeth his son and heir within age In this case the custody of Wardship of the body and his marriage may not be divided among all the Lords but one of them onely shall have right unto it because the body of a man is intire and the Law doth say That the Lord of whom some part of those lands be holden by priority and by the same tenure of Chivalry shall have it except the king be any of the Lords for them though the Tenant did purchase that land last yet after his death the king shall bee preâ—erred before all or any other the Lords of whom the Tenant did hold by priority And so shall the Duke of Cornwall in the same case have the same Prerogative if his Tenant dye holding of him but by posterity of Feoffment for any tenure of his Dutchie of Cornwall although the said Duke is not seized of any particular estate whereof the reversion remaineth in the king for the Prince is seized in fee of his Dukedom as before is said Iohn of Gaunt the fourth son of king Edward 3. did take to wife Blanch who was daughter and heir to Henry Duke of Lancaster who had issue Henry afterwards king of England so that the said Dutchy of Lancaster did come unto the said Henry by discent from the part of his mother and being a subject he was to observe the Common Law of the Land in all things concerning his Dutchie For if he would depart in Fee with any part thereof hee must make livery and seizen or if hee had made a Lease for life reserving rent with a reentery for default of payment and the rent happen to be behind the Duke might not enter unlesse hee doe make a demand or if he had aliened any part thereof whilest he was with age hee might defeat the purchaser for that cause and if hee would grant a reversion of any estate for life or yeares in being there must also be Attornment or else the grant doth not take effect But after that hee had deposed King Richard the second and had assumed upon him the Royall estate and so had conjoyned his naturall bodie in the bodie Politique of the King of this Realme and so was become King Then the possessions of the Duchie of Lancaster were in him as King and not as Duke For the name of Duke being not so great as the name of a King was drowned by the name of King and by the State Royall in him who was Duke for the King cannot bee a Duke within his owne Realme but out of his Realme hee may And likewise the name of the Duchie and all the Franchizes Liberties and Jurisdictions of the same when they were in the hands of him who had the Crowne and Jurisdiction Royall were gone by thâ— Common Law and extinct for the greater doth distinguish the lesse and after those times the possessions of the Dutchie of LANCASTER would not passe from King Henry the fourth but by his Letters Patents under the great Seal of England without livery of seifin and without Attornment and if he make a Lease for life being Duke
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 Emperour be made Earle of the Empire his wife shall not beare that title of Honour either according to Law or in Reputation All the Daughters of Dukes Marquesses and Earles are by custome of long time used in the Kings Houses or palace named Ladies and have precedencie and place according to the degrees of their parents and so of this custome the Law doth take notice and give allowance for the honour and decencie but neverthelesse in the the Kings Courts of Justice they beare not these titles of Honour no more then the sonnes of such Noble person may doe brothers to such Ladies Finis Nob. litatis A TREATISE OF KNIGHTS AND Matters incident to the Degree of Knighthood according to the Lawes of England THE particular kinde of services by which lands of Inheritance are distinguished be two viz. Knight service and socage vide Littletons Soccage c. 26. In ncient time Tenure by Knights service was called Regale Servitium Cooke in his Preface to his 3. Book fol. 3 a. because it was done to and for the King and the Realme and formi secum servitium as appeareth in Anno 19. Edw. 2. Title Avowry 224. 26. ass p. 66. 17. H. 4. 19. Cookes 7. part 8. a. Calvins case because they which doe hold by soccage ought to doe and performe their services out of the Realme Littleton 35. Et ideo formi secum dicipoterit quia sita capitur foris Hum. Servitiam persolvuntur ratione tenementarum non personarum Bracton fol. 36. And as Knights service land requireth the service of the tenement in warfare and battell abroad so Soccage tenure commandeth his-attendance at the plough the one by manhood defending the King or his Lords life and person the other by industry maintaining with rents corne and victuals his estate and family See Lambert Customes of Kent fol. 389. For they did thus order their owne lands and tenements one part they kept and detained in their owne hands and in them stately houses and Castles were erected and made for their habitation and defence of their persons and the Realme also Forrests and Parkes were made there for their pleasures Solace and Delight One other part hereof was given to the Nobles and others of their Chivalty reserving tenure by Knights service The third part was bestowed upon men of meaner condition and quallity with reservation of soccage tenure and in this manner the Dukes and other the Nobles with their menialls and followers dissipate to a great part of their lands viz. to their Gentlemen of quality to hold by Knights service and to others of meaner condition by Soccage tenure Gervasius Tilburiensis a learned man who flourished in the dayes of King Hen. 2. in his Dialogue of the observation of the Kings Exchequer hath in effect as followeth Untill the time saith he of King Hen. 1. the King used not to receive money of their lands but victuals for the provision of their house and towards the payment of their Souldiers wages and such like charges Mony was raised out of the Cities and Castles in which Husbandry and Tillage was not used and exercised But at length when the King being in the parts beyond the Seas needed ready money for and towards the Furniture of the warres and his Subjects and Farmers complained that they were grievously troubled by carriage of Victuals into sundry parts of the Realme farre distant from their dwelling houses the King directed Commissions ro certaine discreet persons who having a regard of those Victuals should reduce them into reasonable summes of Money the leavying of which summes they appointed to the Sheriffe taking order withall that he should pay them at the scale or beame that is to say That hee should pay sixe pence over and above every pound weight of money because that they thought that the money in time would waxe so much the worse for the wearing Cambdens Perambulation of Kent fol. 172 173. Vide Littleton libro 2. fol. 26. Note also Gervasius Tilburiensis who lived Anno 11 60. Anno 6. Hen. 2. And Cambden fol. 178. It was anciently ordained that all Knights Fees should come unto the eldest Sonne by succession of Heretage whereby hee succeeding his Ancestours in his whole Inheritance might bee the better enabled to maintaine the warres against the Kings Enemies or his Lords And that the Soccage Fee should be partable betweene the Male Children to enable them to encrease into many Families for the better furtherance in and increase of Husbandry See Cookes Preface to the Reader in his Ninth Booke Fol. 2. 6. But as nothing is more unconstant then the estate we have in Land and livings if at least I may call that an estate which never standeth even so long since These tenures have been so indifferently mixed and confounded in the hands of each sort that there is not now any note of difference to be gathered by them See Lamberts perambulation of Kent fol. 10. Et quia tale servitium formi secum non semper manet sub eadem quantitate sed quandoque praefat ad plus quandoque ad mâ—nus Ideo qualitate Regalis Sencitii quantitate fiat mentio in charta ut tenens vectu tenere possit quid quantum persolvere tentatur Bracton fol. 36. And therefore the certainty of the law in this case is That he that holdeth by a whole and entire Knights fee must serve the King or other Lord fortie dayes in the warres well and sufficiently arrayed and furnished at all points and by twenty dayes if he hold but the moitie of a Knights fee and so proportionably vide Littleton fol. 20. Aâ—no 7. E. 3. 1333. fol. 246. It was demurred in Judgement whether the 40. dayes should be accounted from the first day of the muster of the Kings Hoast or from the day that the King doth first enter into Scotland but it seemeth that the dayes shall be accounted from the first day that the King doth enter into Scotland because the Service is to bee done out of the Realme And they who hold per regale servitium are not to performe that service unlesse the King doe also go himselfe into the warres in proper person and that by the opinion of Sir William Hall Chiese Justice of the Court of â—ommon Pieas Term. Trin. Anno. 7. Ed. 3. fol. 246. but see Anno 3. H. 6. Titulo protec 2. In which case it was observed that seeing the protector who was pro Rex went the same was adjudged a Voyage Royall vide Cook 7 part of his reports and in Fitz-â—erbert Natura brevia 28. fol. 83. Also when before the statute De quia emptores terrarum made Anno 18. Ed. 4. the King or other Lord had given
of dignity and the Entry of Capias alias plures was according to the said originall but in the Exigent and Proclamation and in the Entry of it the Defendant was named according to his degree of Dignity upon a Writ of Errour after judgment doubt was if this might be amended in another Court then where the originall was made and at last it was resolved by all the Court that the Record should be amended by the Cursitor and made according to the Note or Title delivered unto him by the Plaintiffes Attorney Cook 8. part fol. 15. b. It appeareth in our Book of Law that the highest and lowest Dignity are uniuersall For as if a King of a Forreign Nation come into England by leave of the King of this Realm as it ought to be in this case he shall sue and be sued in the name of a King 11. Ed. 3. Test Breccon 473. So shall he sue or be sued by the Name of a Knight whersoever he received that degree of Dignity 20. Ed. 4. 6. H. 6. 14. but otherwise it is as if a Duke Marquesse Earl or other Title of Honour given by any Forreign King yea though the King by Letters Pattents of safe conduct do name him Duke or by any other his forreign Title of Dignity For experience sheweth that Kings joyned in league together by a certain mutuall anâ— as it were a Naturall power of Monarchs according to the Law of Nations have denized one anothers subjects and Ambassadors graced with this title of Honour Therefore though a Knight receive his Dignitie of a Forraigne Prince he is so to be stiled in all Legall proceedings within England Vide Cooke 7. part fol. 16. b. And Kings were wont to send their sonnes to their Neighbour Princes to receive Knighthood at their hands Vide Selden fol. 331. 308. thinking that it was more honourable to take Armes of some other lest affection might seeme to prevent judgement when the father gave them that honour Thus was our King H. 2. sent unto David King of Scots and Malcombe also king there sent unto our H. 2. and our king to the king of Castile to take of them Military or Civill Armes for the tearmes and phrases they used in that age for the making of a knight Vide Camden 174. 8. vide Selden fol. 315. And knights in all forraigne Countries have ever place and precedencie according as they are ancient knights which priviledge is deemed to Noblemen for be they never so ancient in forraigce Countries they shall goe before as Puesneys The degree of knighthood is not onely a Dignitie and honour to the party for so it is termed in Brooke title Additions fol. 44. but honourable for the kingdome and therefore it hath been an ancient Prerogative of the kings of this Realm at their pleasure to compell men of worth to take upon them this degree upon the payment of a Fine as appeareth in Ann. 7. H. 6. 15. Fitzh Abridg. tit Im. 12. and by the Statute a. 1. Ed. 2. de militibus But we see by experience in these daies that none are compelled thereunto and that is the reason wherefore if the Plaintiffe be made knight hanging the Writ it shall abate because hâ— hath changed his name and that by his owne act Vide Cooke 7. part f. 27. b. part 10. b. 1 Ed. 6. cap. 7. contrary And for that cause also by the common Law not only the king but every Lord of a Manor ought to have of every of his tenants a reasonable fine to make his eldest son knight Vide Bracton fol. 36. b. and all lands are subject to these aides except onely ancient Demeasnes and grand and petty serjeantly tenures as the Law hath been anciently delivered Vide Fiszh Nat. bre f. 83. a. and Selden f. 13. where it is also said one that wrote a little after the statute of West the first allowes as a good barre to the avowry for the tenant to plead that the father himself is no knight so that one not knighted cannot claime the aide of his own Tenants Briton de Prises de Avers And it was not at the liberty of the Lord to make more or lesse of his Tenants by the common Law in this case but by the statute at Westminster 1. cap. 35. it is put into certainty viz. forasmuch as before this time reasonable and to make one son knight or to marry his daughter was never put into certainty nor how much should be taken at that time whereby some levyed unreasonable aide and more often then seemed necessary whereby the people were sore grieved And it is therefore provided that from henceforth a whole knights fee be taken but 20. s. and of more more and of lesse lesse after that rate and that none shall levie such aide to make his son knight untill the sonne be 15. yeares of age nor to marry his daughter untill she be of the age of 7. yeares and of that there shall be mention made in the kings Writs formed on the same if any one will demand it and if it happen that the Father after he had leavied any such aid of his Tenants did before he hath marryed his Daughter the Executors of the Father shall be bound to the daughter for so much as the Father received for the Aid And if the Fathers goods be not sufficient his heir shall be charged therwith unto the daughter and this Heir is so incident that although the Lord do confirm unto the Tenant to hold by fealty and certain Rent and release unto him all other services and demands yet he shall have the aid to make his eldest Son Knight Anno 40. E. 3. f. 22. Finches book 24. but the King was not bound by the statute beforementioned because the King was not named in that statute and therfore by the statute 25. E. 3. cap. 11. The Kings aids were brought to a like value Selden fol. 3. 30. The intention of the Law is that an heir within the age of 21. years is not able to do Knight-service till his full age of 21. years Littleton lib. 2. cap. 4. f. 22. But such a presumption of Law doth give place to a judgment and proof to the contrary as Bracton saith Sabilitur presumptioni donec probetur in contrarium And therfore the King who is the Sovereign and Supream Judge of Chivalry hath dubbed him Knight he by this hath judged him able to do him Knight-service and all men concluded not to say to the contrary therfore such an heir being made Knight either in the life of his Father or afterwards during his minority shall be out of ward and custody both for Lands and for his body or marriage by the ancient common Law by reason also that the Honour of Knight-hood is so great that it is not to be holden under by any yet if the King do create any such an Heir within Age a Duke or Marquesse Earl Count Viscount or Baron by this
of his Substitution in Latine therefore called Vicecomes as it is to be read at large in Cambden The Earls in recompence of their travell concerning the Officers of the County received a Sallary namely the third peny of the profits of the said County which custome continued a long time after the Conquest and was inserted as a Princely benevolence or gift in their Patents of Creation as by divers ancient Patents thereof may appear which afterwards were turned into pensions for the better maintenance of that honour as appeareth by a Book Case upon the pleading of a Pattent whereby King Henry the sixth Created that worthy Knight Sir John Talbott Earl of Shrewsbury which pension is so annexed to their dignity as that by any means of Alienation it cannot be at any time severed and disjoyned from the same and therefore in respect of such pensions which were the third part of the profits of the County or such other sum given in lieu thereof some men have not without probability thereof imagined quod Comites nominabantur quia in multis fiscu Regii Socii et Comites item participes essent vide Cooks 7 part 34. a. Of the single Earls and not Palatine within the Realm of England there were and have been principally two kindes but every of them subdivided into severall branches for they either take name of a place or hold their title without any place at all Those that take their name of a place are of two kindes for either the same place is a County and this is most usuall as the Earl of Devon-Shire Cornwall Kent c. or else of some other place being no County as a Town Castle Honour or such like of which later sort some are most ancient having their originall even from the Conquerer or shortly after as the Earldome of Richmond in York-Shire Clarence in Suffolk Arundel ni Sussex all which had their originall in the time of the Conquerer by Donation of those Castles and Honors the Earldome of Bath in the time of H. 7. and after in the time of H. 8. erected in the Family where it now remayneth and the Earldome of Bridgewater whereof Giles Dawbery was created in the time of H. 7. Earldomes which have their titles without any place are likewise of two kindes either in respect of office as is the Earl Marshall of England for it is granted in this or the like manner Officium Marescalli Angliae with further words viz. A. B. c. Comitem Marescallum Anglia creamus ordinavimus constituimus c. By which it appeareth that the very Office is an Earldom which title of Earl Marshall of England King Richard 2. gave first to Thomas Newbray Earl of Nottingham whereas before they were simply stiled Marshalls of England Cambden 167. The second sort of Earls by birth and so are all the Sonnes of the Kings of England if they have no other dignity bestowed upon them and therefore it was said that John afterwards King of England in the life of his Father Hen. 2. was called countiscane terrae before he was affied to Alice the daughter of the Earl of Moreton in France though Hollenshed fol. 103. writing of the degrees of people in England saith That the Kings younger Sonnes are but Gentlemen by birth till they have received creation from the King of high estate Earls and all others of the degree of Nobility and honour have Offices of great trust and confidence being for two principall purposes ad consulendum Regi tempore Pacis to Councell the King in time of peace the other ad defendendum Regem Patriam tempore belli to defend the King and Country in time of Warre and therefore Antiquity hath given unto them two Ensignes to resemble both the said duties For the first the head is adorned with a Cap of honour and a Coronet and the body with a Robe in resemblance of Councell Secondly They are girt with a sword in resemblance that they must be faithfull and true to defend the Prince and Country Cooks 7. part 34. a. But to come to the Kings high Councell of Parliament No man ought to presume before he hath received the Kings-Writ of Summons for the rule is ad consilium ne accedas antequam voceris the forme of a writ of Summons to an Earl is as followeth Rex c. Unto his welbeloved Cofin Edward Earl of Oxford greeting Because by the assent and advise of our Councell for certain weighty and urgent businesse concerning us the State and defence of our Kingdom and Church of England we have ordained to be holden a certain Parliament at our Citie of Westminster the 22. day of November next coming and there together with you and with the Prelates the great and noble men of our said Kingdom to have conference and treaty commanding and firmely enjoyning you upon your faith and alleageance whereby you are holden unto us that the dangers and perills imminent of that businesse considered and all excuse set a part you be present the said day in the same place with us and with the Prelates and great and noble men aforesaid to treat and give Councell upon the aforesaid businesse and hereof fail you not as you tender us our honour and the safeguard and defence of our Kingdom and Church aforesaid Witnesse our self at Westminster in the second day of March in the first yeer of our Raign Cromptons Courts tit Parliam 1. which is recited out of the Book of Entries 594. Upon this Writ three things have been observed First A priviledge incident to an Earl or other of degree above him for the Kings doth salute him by the name of his Coâ—in although he peradventure be of no consanguinity to the King Secondly When the King doth summon an Earl or any other Peer of the Realm of the Parliament he doth send his Writ directed to himself particularly and not to the Sheriff of the County as the generall Summons are for Knights and Burgesses for the Parliament Thirdly The Writ is to the Earl of Oxford greeting not naming him Knight though he be a Knight and though that degree be parcell of his name as appeareth 3. Hen. 6. fol. 29. And Priscot chief Justice in the 32. H. 6. 29. That iâ— an Esquire be made Knight he looseth the name of Esquire But if a Knight be made a Nobleman he doth still retain the name of Knight and so ought to be stiled in all Writs And Cooks 4. part fol. 118. a. saith Thâ— if a Baron be created an Earl yet his title of Baroâ— doth continue Bâ—t in Plowdens Book 213. It is agreed That if the Crown of England do descend to a Duke within England his name of Duke is gone for omne â—â— jus tollit minus The increase of Name by the Addition of Honour AFter a Man is created an Earl Viscount or in any other title of honour above them his title become parcell of his name and not an addition
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 heires which Judgement was that the said Earldome should bee divided amongst the said copartners as other lands and that the eldest should not have it alone 23. H. 3. Fitz. partic 18. But this judgement was holden erroneous even in those times wherein it was given For Bracton a learned Judge who lived in that age thus writeth thereof treating of Partition among Copartners lib. 2. cap. 34 fol. 76 b. De hoc autem quod dicitur quod de feodo militare veniunt in divisione capitalia messuagia inter cohaeredes dividuntur hoc verum est nisi capitale messuagium illud sit caput comitatus propter jus gladii quod dividi non potest vel caput Baeroniae castrum vel aliud aedificium hoc ideo ne sit caput per plures particulas dividetur plura jura Comitat ' Baroniarum deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum Si autem plura sunt aedificia quae sunt capita Baeroniae dividi possunt inter cohaeredes facta electione salvo jure essentiae quia cùm plura sunt ibi jura quodlibet per se poterit integrè observart quod quidem non est in uno ut praedictum est licet à quibusdam dicatur quòd in aliis regionibus aliquando de consuetudine dividatur sed quod nunquam dividi debeat in Anglia videtur nec visum fuit contrarium erit consuetudo regionis observanda ubi haereditas quae petitur personae nascuntur quae petunt unde sic dicatur quòd in regno Angliae aliquando facta fuit partitio hoc fuit injustum It is therefore evident that Baronies and dignities of Honour do by the Lawes of this Realm descend unto the eldest Coapercener and the Iudgement given once to the contrary thereof Bracton doth rightly account to be unjust his reason is notable for in as much as the honour of the Chivalry of the Realme doth chiefly consist in the Nobility reason would not that such dignitie should be divided amongst Coaparceners whereby through multitude of partitions the reputation of Honour in such snccession and so divided might be impaired or the strength of the Realme being drawne into many hands with the decrease of livelihood by partition should be enfeebled in which Resolution Britton the learned Bishop of Hereford who compiled his Booke of the Lawes of the Realme by the commandement and in the name of E. 1. according Britton 187. and therefore howsoever that Judgemâ—nt was given or whensoever it is neverthelesse very evident that it was soone redressed for if it were given upon the death of Renulph the last of that name the Earle of Chester who dyed about 17. H. 3. without issue the Writers of that time doe testifie that the Earledome of Chester came wholly unto Iohn Scot the sonne of David Earle of Huntington and Anguish and of Maud the eldest sister of the said Renulph if it were given upon the death of the said Iohn Scot who dyed without issue about 14. H. 7. yet notwithstanding the said Judgement stood not in force for that the said King assumed the said Earledome into his owne hands upon other satisfaction made to the sisters Coparceners of the said Iohn Scot. Ne tanta hereditas colos deduceretur Matth. Paris Monast S. Albani in Arr. fol. 3. 66. B. tamen vide Vill. fol. 75. et Ioh. Guill 78. For this it is to be observed out of Presidents and to be acknowledged of every dutiful Subject that the King is at liberty to call and advance to honour whom his Highnesse shall in his Princely wisdome thinke most meet and therfore whereas Ralph Lord Cromwell being a Baron by Writ dyed without issue having two sisters and co-heires Elizabeth the eldest married unto Sir Thomas Nevill Knight and Ioane the younger married unto Sir Hunt Burther hee who married the younger sister was called unto the Parliament as Lord Cromwell and not the said Sir Thomas Nevill who had married the eldest sister and Hugh Lupus the first and great Earle of Chester was by the Conquerour his Uncle created Earle of Chester Habemus sibi heredibus adeo libere per gladium sicut ipse Rex tenuit Angliam per Coronam Hugh dyed without issue and the inheritance of his Earledome was divided amongst his foure sisters and the eldest had not the Seigniory entire unto her selfe Reade Mills 74 75. Cookes b. part 53. 7. part 15. If a Woman be Noble by birth or by discent with whomsoever she doth marry though her Husband bee under her degree yet she doth remaine Noble for her Birthright Est Character in delibilis Cook 4. part 118. b. 6. part 53. b. Other Women are enobled by Marriage and the text saith thus viz. Women with the honour of their Husbands and with the kindred of their Husbands we worship them in the Court we decree matters to passe in the name of their Husbands and into the house and sirname of their Husbands wee doe translate them but if afterwards a woman doe marry with a man of baser degree then loseth she her former Dignitie and followeth the condition of her latter Husband Fortescue de laudibus legum Angl. 100. And as concerning the second disparaged Marriage as aforesaid many other bookes of the law doe agree for these bee rules received in those Cases Si mulier nobilis nupserit ignobili desit esse nobilis eadem modo quo quidem Constitut dissolvitur Cookes 6. part 53. B. 4. part 118. It was the Case of Ralph Hayward Esquire who tooke to his wife Anne the widdow of the Lord Powes they brought an Action against the Duke of Suffolke by the name of Ralph Hayward Esquire and the Lady Anne Powes his wife and exception was taken for misnaming her because shee ought to have beene named by the Husbands Name and not otherwise and the exception was by the Court allowed For said they by the Law of God shee is Sub potestate viri and by our Law her Name of Dignitie shall bee changed according to the degree of her Husband notwithstanding the curtesies of the Ladies of Honour and Court Dyer 79. And the like was also in Queene Maries Raigne when the Dutchesse of Suffolke tooke to her Husband Adrian Stoakes Prob. 456. and many other presidents have beene of latter time and herewith agreeth the Civill Law punctually Digest lib. 1. Tit. 9. Lege 8. Eodem de Dignitate Liber 12. Lege 2. In this case of acquired Nobility by Marriage of Question in Law be whereupon an issue is taken betweene the parties that is to say Dutchesse or not Dutchesse Countesse or not Countesse Baronesse or not Baronesse the
tryall hereof shall not be by Record as in the former case but by a Jury of 12. men and the reason of the diversity is because in this case the Dignity is accrewed unto her by marriage which the Lawyers tearme matter in fact and not by any record Cookes 6. part 53. a. But a noble Woman by Marriage though she take to her a second Husband a man of meane degree yet shee may keepe two Chaplaines according to the Proviso in the Statute of 21. H. 8. c. 13. for and in respect of the honour which once she had viz. at the time of the retayner and every such Chaplaine may purchase lycense and dispensation Cookes 4. part 117. Cowels Instutions lib. tit 10. 15. but her Chaplaines may not be nonresident afterwards And forasmuch as the retayning of Chaplaines by Ladies of great estates is ordinary and neverthelesse some questions in law have beene concerning the true understanding of the said Statute law I thinke it not impertinent to set downe some subsequent resolutions of the Judges touching such matters Anne Baronesse of Mount Eagle in her Widdowhood did retaine two Chaplaines according to the Statute and one of them had but one Benefice and therefore did obtaine a dispensation with a confirmation from the Queene according to the tenour of the said Statute but before he was presented to his second Benefice the Lady did take to Husband Henry Lord Compton whereby she did forsake her former dignity of Baronesse of Mount-Eagle and afterward the said Chaplain did accept a second Benefice and was therunto admitted and inducted and the Judges have resolved that the Chaplain hath done nothing herein but according to the meaning of the Statute and that the Ladies marriage between his Retainer and acceptance of his second benefice was no Countermand Revocation or determination of that Retainer which the Lady lawfully then did make but that she living he might proceed to the filling up of the qualification Causa origio est materia negoti for though the wife of a Noble-man during the covecture cannot by Law rerain a Chaplain to be quallified according to the statute because by Intendment her Husbands Chaplains are sufficient for that Office yet forasmuch as the Retainer was lawfull then she was widdow that being the principall matter shall enable him to take use and benefice after her marriage for though the husband and wife are but one person in Law yet as the Text is sunt animo duo in carne uno Bracton lib. 5. fol. 363 a. And in this case by the death of the Lord Compton her first Retainer was not determined for without any neer Retainer her said Chaplain may take his second benefice and also for that cause so long as the said Chaplains do attend upon their said Lady in her House they shall not be endammaged for Non-residency Cooks 4. part 117. fol. 90 76. That which remains concerning the further exposition of this statute you may read before in the title of priviledge of Lords So long that the wife of a Duke be called Dutchesse or of an Earl be a Countesse and have the fruition of all the Honours appertaining to that estate with kneeling tasting serving and the rest and so long shall a Barons widow be saluted Lady and a Knights wise also by the courteous Speech of England quandiu Maj. aut viduitas vic durant except she happen to relaps with an Adulterer for as the Laws of this Kingdome do adjudge that a woman shall lose her dower in that case viz. west cap. B. F. N. B. fol. 150. H. Perk. fel. 70. Kitchin 162. b. as Ruto Lands and Tenents so justly so doth the Laws of Gentry and Noblenesse give sentence against such a woman advanced to Titles of Dignity by the husband to be unworthy to enjoy the same when she putting her husband out of mind hath subjected her self to another If a Lady which is married come through the Forrests he shall not take any thing but a Dutchesse or a Countesse shall have advantage of the statute de Charta Forest 11. Art during the time that she is unmarried Cromptons Court fol. 167 b. Wheras it is contained in the great Charter amongst other things in the Form which followeth no Freeman shall be taken or imprisoned or deseised of his Free-hold or his Liberties or Free-customs or shall be outlawed or banished or in any wise destroyed nor go upon him but by the lawfull judgment of his Peers or by the Law of the Land In which statute is no mention made how women Ladies of great estate because of their Husbands Peers of the Land married or sole that is to say Dutchesse Countesse or Barronesse shall be put to answer or before what Iudges they shall be judged upon an Inditement of Treason or Fellonyes by them committed or done because wherof it is an Ambiguity in the Law of England before whom and by whom such Ladies so endicted shall be put to answer and be judged by our said Soveraign Lord the King willing to put out such Ambiguities and Doubts hath declared by Authority aforesaid that such Ladies so endicted or hereafter to be endicted whether they be married or sole therof shall bee brought in answer and put to answer and judged before such Iudges and Peers of the Realm as Peers of the Realm should be if they were endicted of any Treasons or Fellonyes done or hereafter to be done and in like manner and Form and in none otherwise Anno 2. H. 6. Cap. 9. Which statute was but a Confirmation or Declaration of the common Law vide Cooks 6 part 52. b. This is a Rule in the civill law si filia R. nubat alicui dom vel Comiti dicetur semp Regalis As amongst Noble women there is a difference of degrees so according to their distinct excellentnesse the law doth give speciall Priviledges as followeth By the statute of 25. E. 3. cap. 2. It is High Treason to compose or imagine the death of the Queen or to violate the Kings Companion The Kings Espouse is a sole person exempted by the common law and she may purchase by Fee-simple or Make leases or Grants without the King she may plead and be impleaded which no other married woman can do without her husband Cook 4 part 23. B. Theol. lib 1. cap. 4. 24. E. 3. 63. vide Bracton 363. a. All Acts of Parliaments for any cause which any way may concern the Queen and her Capacity are such statutes wherof the Judges ought to take recognisance as of generall statutes for though the matter do only concern the Capacity of the Queen yet it doth also concern all the subjects of the Realm for every subject hath interest in the King and none of his Subjects who are within his Lawes in divided from the King being his head and Soveraigne so that his businesse and things do touch all the Realme and as all the Realme hath interest in the King so and
Labourer Long 5. E. 4 33. 14. H. 6. fol. 15 a. Dyer If a Gentleman bee bound an aprentice to a Merchant or else c. he hath not thereby lost his degree of Gentry Estopell 47. But if a Recovery be had against a Gentleman by the name of yeoman in which case no addition is necessary then it is no errour Brooke Cron 83. addition 58. So if any deed or obligation be made unto him by the name of yeoman If a Capias goe against A. B. yeoman and if the Sheriffe take A. B. Gentleman an action of false imprisonment lyeth against the Sheriffe vide An. 21. E. 4. fol. 71. b. But if a yeoman be indicted and A. B. Gentleman being the same man bee produced it is good Kelway 58. b. Gentlewomen have the same additions vide Dyer 88. IF one be a Gentleman by office and looseth his office then he doth also lose his gentility 28. H. 6. 2. Estopel 47. By the Statute of 5. Eliz. cap. 4. intituled an act touching divers orders for Artificers Labourers Servants of husbandry and apprentices amongst other things It is enacted that a Gentleman borne c. shall not be compelled to serve in husbandry If any Faulcon be lost and is found it shall be brought to the Sheriffe who must make Proclamation and if the owner come not within foure moneths then if the Finder bee a simple man the Sheriffe may keepe the Hawke making agreement with him that tooke it but if hee be a Gentleman and of estate to have and keepe a Faulcon then the Sheriffe ought to deliver unto him the Faulcon taking of him reasonable costs for the time that hee had him in custody An. 34. E. 3. cap. 22. and anno 37. E. 3. cap. 19. A Commission is made to keepe chrildren into Cathedrall Churches where children be instructed to sing for the furnishing of the Kings Chappell These generall words by construction of Law have a reasonable intendment viz. That such children who be brought up and taught to sing to seeke and sustaine their living by it Those may bee taken for the Kings service and it shall be a good preferment unto them to serve the King in his Chappell but the sonnes of Gentlemen or any other that are taught to sing for their ornament delight or recreation and not thereby to seeke their living may not bee taken against their will or the consent of their Parents and friends and so it was resolved by the two chiefe Iustices and all the Court of Star-chamber anno 43. Eliz. in the case of one Evans who had by colour of such Letters Patents taken the sonne of one Clifton a Gentleman of quality in Norfolke who was taught to sing for his recreation which Evans was for the same offence grievously punished Cook 8. Reports fol. 46. And to the end it may withall appeare what degrees of Nobility and Gentry there were in this Realme before the comming in of the Normans and by what merits men might ascend and bee promoted to the same I will shew you the copie of an English or Saxon antiquity which you may reade in Lamberts Perambulation of Kent fol. 3 64. and Englished thus viz. It was sometimes in the English Lawes that the people and lawes were in reputation then were the wisest of the people worship-worthy in his degree Earle and Chorle Theyâ—â—e and under Theyne and if a Chorle so thrived that had fully five hides of land of his owne a Church and a Kitchin a Bel-house and a Gate a seat a severall office in the Kings Hall then was hee from thenceforth the Theines right worthy and if a Theyne so thrived that hee served the King on his message on his journey-ward in his houshold if he then had a Theyne which him followed who to the Kings experience had five hides and in the Kings Pallace his Lord had served and thrice with his errand had gone to the King hee might afterwards with his foreoath his Lords part play at need and if a Theyne that hee became an Earle then was hee from henceforth the Theynes right worthy and if a Scholler so thrived through learning that he had degree and served Christ he was thenceforth of dignity and peace so much worthy as thereunto belonged unlesse hee forfeited so that he the use of his degree ne might Mils 73. Nobility Politicall and Civill It is observeable that the Saxons out of all these trades of life which be conversant in gaine admitted to the state of Gentry such onely as increased by honest husbandry or plentifull merchandize of the first of which Cicero affirmeth that there is nothing meeter for a Free borne man and of the other that is prayse-worthy also if at the length being satisfied with gaine as it hath often come from the sea to the haven so it changeth from the havens into lands and possessions and therefore whereas Gervasius Tilburiensis in his observations of the Exchequer accounting it an abasing for a Gentleman to occupy Publicum mercimonium common buying and selling it ought to bee referred to the other two parts of merchandize that is to negotiation which is retayling or keeping of an open shop and to invention which is exercise mercery or some call it to play the Chapman and not to navigation which as you see is the onely laudable part of all buying and selling And againe whereas by the Statute of Magna charta cap 6. and Merton cap. 7. It was a discouragement for a ward in Chivalry which in old time was as much as to say a Gentleman to bee married to the Daughter of a Burgesse I thinke it ought to bee restrained to such onely as professed handy crafts or those baser arts of buying and selling to get their living by But this matter I leave to the Heraulds And in this place it may bee remembred that King Hen. 8. thought it no disparegement unto him when hee tooke Anne Daughter of Thomas Bullen sometimes Major of London to his wife The Statute of Westminster 2. cap. 1. which was made Anno 13. E. 1. was procured especially and purposely at the desire of Gentlemen for the preservation of their lands and hereditaments together with their surnames and faculties and therefore one called this Statute Gentiliteum municipale and the Lawyers call it Ius taliatum taliabile The children onely of Gentlemen were wont to bee admitted into the Innes of Court and thereby it came to passe that there was scant any man found within the Realme skilfull and cunning in the Lawes except hee were a Gentleman borne and came of a good house For they more then any kind of men have a speciall care to their Nobility and to the preservation of their honour and fame for in those Innes of Court are vertue studied and vices exiled for that for the endowment of vertue and abandoning of vice Knights and Barons with other States and Noblemen of the Realme place their Children in these Innes though they desire
answere to be made to these objections being of all others the most materiall and of moment used in this behalf it shall be convenient for the more easie unfolding the state of this question to exhibite certain necessary and requisite propositions and upon them to draw true and infallible conclusions and then to prove them by authority of Law consent and time and manifold presidents which done the answere will be easily made as I conceive to every of the foresaid objections First therefore if a Baron by tenure which holdeth any Castle Honour or Mannour per Baroniam do alien or give the same either he doth it without any licence obtained from his Majesty so to do or else by some certain licence in that behalf obtained If he doe it without licence then the conclusion is certain by the lawes of this Realme the Barony Castle Honour and Mannour so aliened without licence or consent is forfeited and the same Honour Castle or Mannour so holden by Barony and so aliened is to be seised into the Kings hands for the said forfeiture and such dignity and estate no longer to be borne and continue but to be resumed and extinguished in the Crowne from whence it was derived Read hereof in Stamfords Prerogative cap. 7. But nota in Cook 2. part 80. b. The reason thereof is notable if we call to remembrance that which was formerly alledged out of Bracton That Baronies are the strength of the Realme and suffer no division they suffer also no alienation without the consent or licence of the soveraign Monarch for so should the Realme be enfeebled and base persons enabled without desert of vertue or prowesse For where the thing so aliened is an Honour or head of the Barony it differs much from the ordinary tenure in capite whereof if the Tenant make alienation without licence hee is onely to pay fine by the statute 1. E. 3. cap. 12. whereof also before the making of the statute there was diversity of opinion at the Common Law after the statute of Magna Charta But let me cite some authorities for the proofe of these allegations Glanvile the most ancient Writer of the Lawes of this Realme now extant hath these words Notandum autem quòd nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemosyna Regis Antecessoris ejus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis lib. 7. cap. 1. in fine statut Westm. cap. 42. In Edward the thirds time certaine land being parcell of the Barony of Brember was aliened by William de Bruse the Baron thereof without licence of the King and in the argument of a cause concerning the same Greene one of the Judges delivereth this for law That parcell of a Barony or Earldome held of the King in chiefe cannot be aliened or dismembred without his licence and if it be it shall bee seised into the Kings hands as forfeit and the King shall be seised thereof in his own right again In 46. E. 3. it was found by office that William Bishop of Chester had leased unto one John Peston for his life a Mannour which was parcell of the Mannour of the said Bishopricke without licence and it was resolved by the Judges and other of the Kings Councell that the same was forfeit but by meditation of the said Councell the Bishop submitted himselfe to the King and made a fine and severall Scire facias issued out against them that had received the maine profits to answer unto the King thereof And thus much concerning alienation of Baronies without licence But on the other part if a Baron by tenure which holdeth any Honour Castle or Mannour by Barony do grant or alien the same by licence I must again distinguish For either such alienation is made for the continuance of his Barony Honours Lands and Tenements in his owne name blood issue male Or else the same alienation is made for mony or other recompence or otherwise to a meere stranger and hereof ensueth this second conclusion or assertion That if such alienation be made for the continuance of the Barony in his name and blood or issue male as many have made the like then have the issues male together with the Barony be it Castle Honour or Mannour so holden held also and lawfully enjoyed the name stile title and dignity of a Baron and thereof have the heires generall or next heires female been excluded and debarred And for the proof of this assertion there may manifold presidents be produced wherof certain have happened almost in every age for 300 yeers space namely so long in effect as there have bin observations thereof of which some certain doe ensue William de Ferrariis Comes Derby obiit Anno 30. H. 3 Margareta Comitissa Derby Domina de Grooby Robertus de Ferrariìs Comes Derby Johannes de Ferariis Dom. de Charley Will. de Ferrar. Dom de Grooby ex dono Matris William de Ferrariis Dominus de Grooby It appeareth by an office found after the death of William de Ferrariis Lord of Grooby 23. H. 6. that Margaret Lady of Grooby gave to William Ferrars her second sonne and to the heires of his body the Mannour of Grooby c. By vertue of which gift the said William Ferrars and his heires were ever after Barons of Grooby Robert Walleron Baron of Kilpeck died in 1. Ed. 1. without heires of his body and Robert Walleron sonne of William brother of the said Robert was his next heire yet notwithstanding the said Robert dâ—ing gave to Allen Plagenet sonne of Alice his sister the Castle Mannour and Lordship of Kilpeck with the appurtenances To have unto the said Allen and to the heires of his body comming as appeareth by his office c. By vertue of which gift the said Allen was Baron of Kilpeck and summoned among other Barons to the Parliament and he died 27. E. 1. Walleron Baron of Kilpecke Robert Walleron Baron of Kilpec obiit sine exitu 5. E. 1 William Walleron Robert Walleron the next heir Alice married to Plagenet Allen Plagenet Baron of Kilpecke coron dono Edmond Deynecourt Baron of Blasteny obiit An. 20. E. 2 Edmond DeynCourt Isabel his next heire John Deincourt William Deyncourt BaroÌ„ of Blaxronry by reason of the entaile obiit 38. E. 3 William Deyncourt ante patrem William Deyncourt Baron of Blackney John Deincourt The King to all Christian people sendeth greeting c. Know ye that whereas lately for that our well-beloved and faithfull subject Edmond Deyncourt pondered and considered that both his Sirname and also his Armes after his death in the person of Isabell daughter of Edmond Deyncourt his heire apparent should be blotted out of memory most earnestly he desired that his Sirname and Armes after his death for ever might be had in remembrance To whose request for the worthy service as well to our father Edward late
King of England as also to our selfe by our Letters Patents doe grant and give licence for us and our heires so much as in us lyeth to the said Edmond to dispose and give all his Manours Lands Tenements and Knights fees with their appurtenances and Advowsons of Churches Abbies and Priories and Hospitalls which he holdeth of us in chiefe to whom he pleaseth To have and to hold to him and his heires for us and our heires by the service thereof for ever By which Grant the said Edmond gave all his Lands and Tenements to one William sonne of John Deyncourt and to his heires of his body comming And the said Edmond dyed the last yeere of Edward the second and the said William in the time of Edward the third was summoned among other Barons to the Parliament by vertue of the same gift untill his death which was Anno 3. E. 3. It appeareth by divers offices in the time of King Edward the third that John Handlow in the right of Maud his wife was seized of the Mannour of Holgate Acton Burnell c. for terme of her life remainder to Nicolas Handlow alias Burnell sonne to the said Maud and John by a fine in the Court levied and that John Lovell was next heire of the said Maud and her first-borne sonne by her first husband and afterwards the said Nicolas was summoned among other Lords to the Parliament by reason of the fine aforesaid and not the said John Lovel who was next heire Edward Burnell Baron of Holgate Philip Burnell Baron of Holgate Maud Burnell heire to her brother John Lovell the first husband John Lord Lovell Iohn Lord Lovell John Handlow second husband Nicolas Handlow Baron of Holgate Hugh Handlow alias Burnell Baron of Holgate Thomas de Beauchamp the elder Earle of Warwick by a fine levied 18. E. 3. entailed the Mannour and Castle of Warwicke with divers other possessions to himselfe for terme of his life the remainder whereof to Guy his eldest sonne and to the heires males of his body issuing for want of such heires the remainder to come to Thomes Beauchamp brother to the foresaid Guy and to his heires males of his body issuing c. And afterwards the said Gâ—y died without heires male of his body leaving two daughters and heires living afterward the said Earle dyed and the said Thomas the sonne entred into the Castle and Mannour aforesaid with other the premisses and was Earle of Warwick by reason of the entaile aforesaid notwithstanding that Katharine daughter of Guy and next heire to the said Thomas the elder was living 30. yeers after his death Thomas Beauchampe Earl of Warwick Guy de Beauchampe first son obiit ante patrem 30. E. 3 Katharine lived in 21. R. 2 Elizabeth Tho. de Beauchampe Earle of Warwicke by reason of the entail obiit anno 1. H. 4 Rich. Beauchamp Earl of Warwick obiit 17. H. 6 William Beauchamp de Beauchamp L. of Aberganey obiit 12. H. 4 Richard de Beauchamp Earl of Warwicke obiit 9. H. 5 Richard Earle of Arundell by a fine 21. E. 3. entailed the Castle Towne and Mannor of Arundell with other Lands to him and to his heires Males begotten of the body of Ellenor his wife By vertue of which entaile John Lord Matrovers Earle of Arundell after the decease of Thomas then Earle which died without heire Male although the sisters of the said Thomas possessed divers Lands and honors of the which the said Thomas died seised in Fee simple was Earle of Arundell Richard Earle of Arundell Richard Earle of Arundell obiit anno 21. R. 2 Thomas Earle of Arundell obiit anno 3. H. 5 Elizabeth married to Tho. Mowbray Duke Norfolk Jane Lady of Abergany Married to Lewthall John Arundell Knight Lord Matrovers John Arund Lord Matrovers obiit 6. H. 4 Io. Arund L. Matrovers obiit 9. H. 5 Io. E of Arun. by reason of the entail Thomas Lord Barkley was seised in his demesne as of fee of the Castle of Barkley and Mannour c. and a fine levied in the Kings Court 23 E. 3. of the aforesaid Castle Mannour c. to him for terme of his life remainder to Morrice his sonne and to the heires males of his body issuing with other remainders as aforesaid the which said Morrice had issue Thomas Lord Barkley and Iames Barkley Knight which Iames dyed in the life of his brother leaving Iames his sonne and heire living After the said Thomas Lord Barkley died Anno 5. H. 5. leaving Elizabeth his daughter and heir married to Richard Earle of Warwick after whose death Iames his Nephew on the brothers side entred into the Lands Castles and rem ' aforesaid by virtue of the entaile and was summoned among the Barons to the Parliament as Baron of Barkley 9. H. 5. which Elizabeth died in 1. H. 6. Tho. Lord Barkley Morrice Lo Barkley Tho. Lord Barkley Eliz. married to Rich. Earle of Warwick Sir Ia. Barkley died before his brother Iames Lo. Barkley by reason of the entaile Thomas Lord De la ware died seised in his demesne as of fee taile to himselfe and to the heires males of his body issuing by reason of a fine levied in the time of his ancestors of the Barony De la ware with divers other lands in other counties and died 5. H. 6. without heires of his body and Reignold West Knight of the halfe blood was next heire by reason of the entaile aforesaid and was summoned to the Parliament by the name of Reignold Lord De la ware Knight although Iohn Griffith was heire generall of the aforesaid Thomas De la ware being of the whole blood as appeareth by the genealogie ensuing Iohn Lord Delaware son of Roger. Iohn Lord Delaware Roger Lord Delaware Elisabeth daughter to Adam L. Wels. Iohn Lord De la ware died without issue Thomas Lord Dela ware died without issue Elisabeth daughter to the Lord Mowbray hâ—s second wife Iohn Griffin heire generall to the Lord Delaware Sir Reignold West Lord De la ware by the entail Katharine married to Nicolas Latimer Katharine married to Griffin Iohan married to Tho West Knight John de Vere Earle of Oxford seised in his demesne as of Fee taile to him and his heires Males of his body issuing of the honour and county of Oxford with divers other Lands Anno 18. H. 8. died without heires of his body and his three sisters were his next heires generall but Iohn de Vere his next heire Male as appeareth was Earle of Oxford by reason of the said entaile and none of the three sisters obtained Dignity Richard de Vere Earle of Oxford died 4. H. 5. Iohn de Vere Earle of Oxford deed 1. E. 4. John de Vere Earle of Oxford died without issue 4. H. 8. George de vere Knight Iohn de Vere Earl of Oxfo died without issue 18. H. 8. Eliz. married to Sir Antho. Wingfield Knight Ursula married to Edm. Knightley Esq Dorothy married to Nevill Sir Robert de Vere