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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

all legall proceedings he ought to be stiled by that his dignity In the first yeer of King Edward 3. fol. 151. a Writ of Formedon was brought against Richard son to Allin late Earl of Arundel and did demand the Mannor of C. with the Appurtenants c. The Tenant hy his learned Councell did plead that he is Earl of Arundel and was Earl the same day of the Writ purchased and demanded Judgement of the Writ because he was not named in the same according to his dignity and title of Honour to which the Demandant saith That at day and time when he did purchase the Writ the Tenant wat not known nor taken to be an Earl and it is hard Justice if the Writ should abate without any default in the Plantiffe Neverthelesse Because the truth of the matter so that the Earldom did descend unto him before the Plaintiff commenced his Action and purchased his Writ against him therefore by judgement his Writ was abated although the Tenant was not at that time known or holden to be an Earl But if a Baron be Plantiff or Defendant c. It is not of necessity to name Baron 8. H. 6.10 Yet see a distinction of Barons concerning this matter heer following Fol. 27. b. And so Reynald Gray was reputed an Esquire after the Earldom discended to him till at the last it was published and decla●ed by the Queen and by the Heralds that he was Earl of Kent in right and by discent although he was reputed or named Earl before that time Dyer 318. lib. 10. Addition of Name BUt an Addition may be used or omitted at pleasure except in some speciall cases where processes of Utlary lyeth as hereafter followeth the title of Supremum caput ecclesiae Anglicanae which was by Act of Parliament in the 26. yeer of H. 8. c. 1. an 35. H. 8. cap. 3. annexed to the Emperiall Crown of this Realm is no parcell of the Kings by stile but only an addition of the Kings stile so that it may be omitted in the Summons of the Parliament as it was done in the first yeer of Queen Mary or used as it was by the late Queen Elizabeth and by the King that now is at his pleasure and so it is adjudged as you may read in Dyer In the first yeer of Queen Mary Fol. 98. And so is the Law declared by authority of Parliament 1. 2. Phil. Mary cap. 8.256 See in Fox his Book of Martyrs Fol. 217. An argument made by Hiles contrary But between the Majesticall stile of the King and the title of honour appertaining to a Subject this cifference is between grants or purchases made by or to the King and grants or purchases made by or to a Nobleman c. For in that first Case it is necessary that the Name of Kings be expressed otherwise they are voide and of none effect But if a Duke Earl or other of the Nobility do purchase or grant by the Name of Baptism and surname omitting other title of honour it is not void but good enough for it is a rule in the Law That every mans grant shall be construed most strongly against the grantor and must for the benefit of him to whom the grant is made and so ut Res magis valeat quam pereat that the matter may rather be strengthened then void for there is a great diversity in Law between Writs and Grants for if Writs be not formally made they shall be abated which is no greater prejudice then the purchasing another Writ But if a Grant should so Ligerfie be made void then the party hath no remedy to have a new for that cause the Law doth not favour advantages by occasions of Misnomer more then the strict rule of the Law doth require Cooks 6. part 64. b. Et sequentia false Latine shall abate a Writ but not a Grant Ibidem And if an Earl be Plantiff or Demandant and hanging the Writ shall not abate but neverthelesse he shall proceed and count by the name of an Earl according to such title of honour as he did b●ar at the time of his action commenced Pasch 13. Edw. 3. brief 259. Pasch 19. Edw. 3. Procedendo 2.32 Hen. 8.39 7. Hen. 6.14 b. Et sequentia 25. Ed. 3.39 22. Rich. 2. brief 9.37 Pasch 24. Edw. 3.14 But if the Plantiff in a quere impedit be made Knight hanging the Writ the Writ shall abate Cooks 7. part 27. b. There is a Statute made in the first yeer of H. 5. c. 5. where in is contained as following Item It is ordained and established that in every Originall Writ of accounts personall Appeals and Indictments in which the Exigent shall be awarded in the Name of the Defendants In such Writs originall Appeals and Indictments addition shall be made of their estate and degree or mistery and the Towns Hamlets or places and the Counties where they were or be conversant and if by Processe upon the said Originall Writs Appeals or Indictments in the which the additions be omitted any Outlaries be pronounced the said Writs and Indictments shall be abated by the execution of the party wherein the said additions are omitted provided alwayes that though the said Writs of additions personall be not according to the Records and deeds by the surplussage of the additions aforesaid That for this cause they are not abated and that the Clerks of the Chancery under whose names such Writs shall go forth written shall not leave out or make omission of the said Additions as is aforesaid upon point to be punished and to make a fine to the King by the discretion of the Chancellor And this Ordinance shall begin to hold place at the suite of the party from the least of Saint Michael next ensuing forwards Although the addition of estate degree and mystery to be added unto names be written in the Statute first and before the additions of place and Counties yet it hath been used alwayes after the making of the said Statute to place the additions of estate degree and mistery after the places and County in every Writ Appeals and Indictments against common persons But the use is otherwise in Appeals and Indictments of Treason or Fellony against Dukes Marquesses and Earls for their names of degrees are in such Cases put before the Additions of places and Counties as Charles Earl of Westmerland late of Bramspeth in the County of Durism Thelowell lib. 6. cap. 14. Names of dignity as Dukes Earls Barons Knights Serjant at Law c. Be contained within this word degree for gradus continet statum in se non è contrario degree doth contain state in it self and not of the contrary for the state of a man as Gentleman Esquire Yeoman Widdow single-Woman c. And the art or craft of a man is his mystery by Brook chief Justice in the Common-Pleas in abridgement of the Case of 14. Hen. 6. fol. 15. titul nosve dignitat 33. See in

same Pedegree of the said Lord Dacres it is expressed that Thomas sometimes Lord Dacres had issue Thomas his eldest son Ralph his second sonne and Humphrey his third sonne Thomas the eldest dyed in the life time of his Father having Issue Ioan his daughter and heire who was marryed unto Sir Richard Fines Knight And after Thomas Lord Dacres her Grandfather and Father unto the said Sir Ralph and Humphrey dyed After whose death Henry 6. by his Letters Parents bearing date at Westminster 7. Novem. Anno 7. regni reciting the said Pedegree and Marriage doth by his Letter a Pattents accept declare and repute the said Richard Fines to be Lord Dacres and one of the Barons of his Realme But afterward in the time of Edw 4. the said Humphrey Dacres after the attaindor of the said Ralph and himselfe by an Act of Parliament which was in 1. Ed. 4. and after the death of the said Ralph and after the reversall of the same Act by another Act 12. Edw. 4. the said Humphrey made challenge unto the said Barony and to divers Lands of the said Thomas his Father whereupon both parties after their title had been considered in Parliament submitted themselves unto the Arbitrement of King Edw. 4. and entred into Bond each to other for the performance thereof Wherupon the said King in his award under his Privie seale bearing date at Westminster 8. April Anno regni 13. did award that the said Rich Fines in the right of Ioan his wife and the Heires of his body lawfully begotten should be reputed had named and called Lord Dacres and that the said Richard Fines and the Heires of his body by the said Ioane begotten should keepe have and use the same state and place in every Parliament as the said Thomas Dacres Knight late Lord Dacres had used kept c. that the heires of the body of the said Thomas Dacres Knight late Lord Dacres lawfully begotten should have and hold to them their Heires the Mannor of Holbech And furthermore the said King did award on the other part that the said Humphrey Dacres Knight and the Heires males of the said Thomas late Lord Dacres should be reputed had named and called the L. Dacres of Gillesland And that he and the heires males of the said Thomas then late Lord Dacres should have use and keepe the place in Parliament next adjoyning beneath the said place which the said Rich Fines Knight Lord Dacres then had and occupied and that the heires of the body of the said Ioan his wife should have and occupie And that the Heires males of the said Thomas Dacres late L. Dacres should have to them to the heires males of their bodies begotten the Mannor of Jothington c. And so note that the name of the ancient Barony namely Gilestand remained unto the Heire male unto whom the land was entailed Moreover this is specially observed if any Baron by writ doe dy having none other issue then Female and that by some speciall entail or other assurance there be an heire male which doth enioy all or a great part of the lands possessions and inheritances of such Barons deceased the Kings of this Realme have used to call to the Parliament by writ as Baron such heire male omitting the Husband or issue male of such heire female and this also appeareth by a notable controversie in the time of Henry 7. betweene Sir Robert Willoughby Lord Brooke and Richard Lord Latimer for the Barony of Latimer which in effect was The said Lord Brooke did challenge the Barony of Latimer as cosen and Heire to Elizabeth his great grandmother who was sister and heire to Iohn Nevill Lord Latimer who died without issue and hereupon exhibited a Petition to Henry 7. in Parliament whereto Richard then Lord Latimer was called to answer because he then enioyed the said title and dignity The said Richard Lord Latimer by his answer did shew that it was true that after the death of the said Iohn Nevill Lord Latimer dying without issue the said Elizabeth was the sister and next heire and married unto Sir Thomas Willlonghby Knight second son of the Lord VVilloughby but Henry 6. for that the said Iohn Nevill was dead without issue and that the next heire was female did therefore call to the Parliament George Nevill Knight second son of Ralph Earle of Westmerland to be Lord Latimer as Cozen and next heire male of the said Iohn Nevil Lord Latimer which George was grandfather of the said Richard Lord Latimer namely Father of Henry Lord Latimer Father of the said Richard In debate of which cause the question now in hand whether a Barony by writ may discend unto the heirea semales was advisedly considered of by the said King and his Nobility in Parliament and in the end adjudged with the said Richard Lord Latimer which President doth afford us two Iudgements in this point one in the time of Hen. 6. when the writ was directed to the said Sir George Nevill whereby he was summoned as Lord Latimer to the Parliament and as heire Male and not the said Sir Thomas Willoughby Knight husband of the said Eliza. heire male And the second judgement was given in the time of Henry 7. whereby the Barony was adiudged vnto the said Richard Lord Latimer comming of the speciall heire male against the said Lord Brooke descended of the generall heire male But here the President before remembred of the Barony of Dacres may be objected to incounter this confusion For there was an heire female martied unto Sir Richard Fines who by the declaration of Hen. 6. was Baron of Dacres in the right of his wife and there was also Ralph and Humfrey the heires males before whom the heire female was preferred by the censure of Henry 6. and Edward 4. This objection is easily answered For although Hen. 6. through the Princely favour which hee bare unto Sir Richard Fines had declared him to bee Lord Dacres in the right of his wife yet notwithstanding did Ralph Dacres being heire male unto the then Lord Dacres deceased beare also the name of 〈◊〉 Dacres and by that name was attainted in Parliament Wherefore the reason why the heire male could not bee regarded was the said attainder of the said Ralph and Humfrey his brother and therefore when Humphrey 12. Edw. 4. laboured to have the said attainder reversed he submitted himselfe vnto the Arbitrament of the King who to satisfie both Competitors because both had well deserved of him after he had admitted them to his favour he allowed the one to be Lord Dacres the other to be Lord Dacres of Gillesland thus much concerning the second point whether a Barony by writ may discend unto the heire female or not As concerning the third point admitting such discent to bee to the heire female when there is no heire male at all that may claime the same for then doth this question take place whether the husband of such heire

Cooks 8. parts 156. John Stile is bound by obligation to W. B. the obliger is afterwards made into a title of honour or a Knight the Bond is forfeited W. B. by his Atturney draweth a note or title for an originall according to the Defendants degree although it vary from the specialty as it ought to be made by the Statute but the Cursitor mistaking did make the originall onely according to such addition as was specified in the obligation omitting his degree of dignity and the entry of the C●pias alias plures was according to the said Originall but in the Exigent and Proclamation and in the Entry of it the Desendant was named according to his degree of dignity upon a Writ of Errour after judgement doubt was if this might be amended in another Court then where the originall was made Injuries done to the name and honour of a Nobleman IN the second yeer of Richard 2. in the first Chapter It was inacted that counterfeiters of false news and of horrible and false lyes of Prelates Dukes Earls Barons and other Nobles and great men of the Realm and also of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings House Justices of the one Bench or of the other and of other great officers of the Realm of things which by the said Prelates Lords Nobles and Officers aforesaid were never spoken touched nor thought in great slander of the said Prelates Lords Nobles and Officers whereby debates and discords might arise betwixt the said Lords and Commons which God forbid and whereof great perill and mischief might come to all the Realm and quick subversion and destruction of the said Realm if due remedy be not provided It is straightly defended upon grievous pain for to eschew the said dammages and perils that from henceforth none be so hardy to finde say or tell any false news lyes or other false reports of Prelates Lords and of other Officers aforesaid whereof discord or any slander might arise within the said Realm and he that doth the same shall incurre and have the pain ordained thereof by the Statute of Westminster in the first Chapter 33. which will that he be taken and imprisoned till he have found him of whom the word shall be moved And further By another Statute made in 22. Richard 2. cap. 11. It was moreover enacted That when the said offender is taken and imprisoned and cannot finde him that spake the words then he shall be punished by the advise of the Councell And to the intent that such evill disposed persons which by their lewd speeches and slanderous words or reports do endeavour to break or disquiet the peace of the Realm might the sooner be inquired found out and punished by a Statute made Anno 2. Phil. Mary It was further established That the Justices of Peace in every Shire City or Town Corporate within the limits of their severall Commissions shall have full power to examine hear and determine the causes aforesaid in the said two Acts of Edward the first and Richard the second specified and to put the said two Statutes and every branch in them contained in due execution that condigne punishment be not deferred from such offenders and besides the afore mentioned penalties assigned to be inflicted upon transgressors by the aforesaid Statutes every Nobleman and great Officer of the Realm against whom any scandalous words false news or lyes be spoken may prosecute against the offender an action de scandalis magnatum and recover dammages against him and in like sort may every inferiour person for any such like words of infamy against him persue an action upon his cause against the offender and recover his dammages And if any person shall exhibite a Bill into the Starrechamber against a Nobleman or other and amongst other things charge him with murther piracy robbery or other fellony or to be a procurator thereof or accessary thereunto or with any other offence which is not examinable in the said Court the defendant in the said Bill may prosecute against the complanant therein an action upon the cause and recover his dammages for his Bill was exhibited of malice by the complainant to remain of record in the said Court to the infamy and slander of the defendant and not punish him for the said offences suggested in the said Bill by a course of Justice seeing the Court of Starre-chamber hath no authority to inquire of or punish the same offence but if the complainant did suggest in his Bill of complainant any matter against the defendant which is examinable in the said Court then no action upon the case is maintainable against him by the defendant therefore though the matter surmised be meerly false for it is done in course of Justice sub judice lis est whether the matters suggested be true or false untill they be proved And in former ages speeches tending to the reproach of others were so odious that King Edgar Le. 4. ordained that his tongue should be cut out which did speak any infamous or slanderous words of another Dyer 285. and in Kelway 13. Henry 7.27 Cooks 4. part 14. Book 2. Richard 3.9.6 In which Book you may read at large where the Lord Beauchampe did sue an action upon the Statute of the 2. Rich. 2. cap. 5. de scandalis magnatum against Sir Richard Crafts because he did sue a Writ of forging of false deeds against the said Lord Beauchampe and the defendant doth justifie the said slander by the use of the said Writ c. And the demurrer was good and out of the intendment of the Common Laws or Statute Laws concerning slanderers for no punishment hath been at any time appointed for suits in Law though the matter be false and for vexation only other then amerciaments or fine to the King and therefore the plantiff is sufficiently discharged against the said Lord Beauchampe not only for the time that the suite is depending but after the action tryed or otherwise ended yea though the Plantiff were non-suited or by other means it went against him for if actions of revenge upon the event it would terrifie and discharge many who have just cause to complain for fear of infinite vexations for the event and successe of suits and matters in action is uncertain Cooks 6. part 40. a. There is another foul puddle that ariseth from the same corrupt quagmire and distilleth out of a heart likewise infected with malice and envy but is divised and practised by another mean then the former which is by libelling secret slandering and defaming of another for this privy backbiter doth not by words impeach his adversary in so manifest and turbulent manner as the collerick menacer in his fury doth seeming to sit quietly in his Study he doth more deeply pinch him and infixeth a more durable wound into his fame and credit then the other boysterous fellow doth in his body who in a moment threatneth to do more then

forme aforesaid they will award a Supersedeas which is in the Booke of Enteries in the Title of Errour Sect. 20. and there are two reasons or causes wherefore no Capias or Exigent lyeth against any Peere the one because of the dignity of their persons the other by Intendment of Law there is none of the Nobility but have sufficient Freehold which the Plaintiffe may extend for their payment or satisfaction but a Capias or Exigent lyeth against a Knight for the Law hath not that opinion of his Freehold as the Court said in 26. H. 8. vide 27. H. 8.22 in Brookes abridgement Exigent 2. 3. Cooko 6. part 52. 54. And if any of the Nobility happen to be so wilfull as not to appeare the Court will compell the Sheriffe to returne great issues against him and so at every default to increase and multiply the issues as lately against the Earle of Lincolne hath been in practice By the Ancient Lawes of this Realme before the comming of William the Conquerour many good Lawes were made for the keeping of the peace amongst others that every man above the Age of 12. yeares should be sworne to the King as you may read more at large in Lamberts perambulation of Kent 21. which we in remembrance thereof doe keep at this day in view of Frank-pledge or leete Court but Noblemen of all sorts are neither bound to attend the Leete nor to take that Oath as appeares by Britton cap. 29. treating of this Court called the Sheriffes Turne Courts of which the Leete seemes to be extracted and agreeable thereunto is the Statute of Marlbridge cap. 10. in these words de turnis vice contra provisum est quod necesse non habeant ubi venire Archiepiscopi Episcopi Abbates Priores Committes Barones vide the Lord Chancellors Speech in the case of Post-nari fol. 78. If a Writ of Error be brought in Parliament upon a Judgement given in the Kings Bench the Lords of the higher House alone without the Commons are to examine the errors vide Jbid. fol. 22. Jn 11. H. 4.2 b. In a case concerning a distresse taken for expences and Fees of the Knights of the Parliament it is agreed for Law that the Baronies and other Lands as are parcell of their ancient Lordships and Baronies but for other Lands they are But there is a question made one which is no Barron but ignoble doe purchase any ancient Barony whether he shall be discharged of such ignoble purchase by reason onely of such his purchase challenge or pretence to have Nobility and place in Parliament as before in this treatise more at large appeareth for as Lands by Villany service doe not make a Villany or Bondman which being free doth purchase the same as Littleton doth teach lib. 2. cap. 12 though by his Tenure he shall be bound to doe such Villanie service so of the other side and that is holden by Barony doth not make the villany peasent or ignoble which purchaseth the same to be noble although the charge of such tenure doe lye upon him in respect of the service of the Realme It is said in our Bookes that a day of grace or by the favour of the Court is not to bee granted to the Plaintiffes in any Suite or Action wherein a Nobleman is defendant 27. H. 8.22 27. E. 3.88 because thereby the Nobleman should be longer delayed then the Ordinary course of the Court is and such Lord is to have expedition of Iustice in respect that he is to attend the Person of the King and the Service of the Common-wealth but if there be no ignoble person party to the Suite the Judges doe and may at their discretions grant upon a motion and prayer a day or more of tryall otherwise then by the strict course of the Law the Plaintiffe may challenge Cambden fol. 169. writing upon the Subject saith where the Noble man is demandant the Tenant may not be essoyned for the delay and causes aforesaid to which J would also subscribe but that the Booke of 3. H. 4 5 6. is otherwise adjudged if I doe misunderstand it there the King brought a Quare Impedit against a Common person and the defendant was essoyned by the rule of the Court Therefore a fortiori he might be essoyned against a Nobleman Jf any Peere of the Realme being a Lord of the parliament be plaintiffe or demandant defendant or Tenant in any Action reall or personall against another whereupon an issue is to be tryed by a Jury the Sheriffe must returne one Knight at the least to be of the Inquest otherwise upon a challenge made the whole Pannell shall be quashed which by the order of the Law is appoynted to be done for Honour and reverence due to the persons of that degree for as the words of the Booke are when a Peere of the Realme is party the Law is otherwise then when the Suite is betweene other persons Fitz. Chall 113.13 E. 3. in a Quar. Impedit against a Bishop adjudged Plowd 117. Dyer 208. b. 27. H 8.22 b. But the Earle of Kent by the name of Reignald Gray Esq brought a Writ of Entry against Sir H. G. Knight 4. Eliz. and the parties did plead to an issue the venire facias was awarded which the Sheriffe did returne served and a Pannell returned according in which pannell there is no Knight named the truth of which Cause was that after the returne made the demandant is published and declared by the Queene and the Heraulds to be Earle of Kent in right and by discent although hee had not beene so reputed or named Earle before and also after that time that is to say at the then last parliament the Tenant is made a Baron by a Writ of parliament and both parties have places and voyces in parliament and then the Iury doe appeare in the Court of Common pleas and the Earle of Kent did challenge the array because no Knight was returned but it was not allowed him by the Court for the ●dmittance of both parties as to the contrary and no default can bee layd to the Sheriffe for he had no notice of the honourable estates of either of the parties the demandant not being then knowne or reputed to bee an Earle by discent or of the Tenants then also being no Baron Dyer 318. How much the Common Law hath alwaies prohibited perpetuities in Lands and Tenements you may see in Corbets Case in the first part of Sir Edward Cookes Booke Fol 84. and in many other Cases in the rest of his Books also Littleton Fol. 145. saith it is a Principle in the Law that every Land of Fee-simple may be charged with a Rent in Fee-simple by one way or other but of the Kings Majesty upon the Creation of any Peere of the Realme Duke Marquesse Earle Vicount or Baron do as the manner is by his Letters Patents give unto such new created Noblemen an Annuity or Rent for the support of his

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 ly cense 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 wise 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 viduit● vic durant except she happen to relaps with an Adulterer for as the Laws of this Kingdome do adjudge that 〈◊〉 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 Ru●o● Lands and Tenents so justly so doth the Laws of Gentry and Noblenesse give sentence against such a woma● 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 〈◊〉 Countesse shall have advantage of the statute de Char●● Porest 11. Art during the time that she is unmarried Cromptons Court fol. 167 b. Wheras it is contained in the great Charter among●● other things in the Form which followeth no Freema● shall be taken or imprisoned or deseised of his Free-ho●● or his Liberties or Free-customs or shall be outlawed o● banished or in any wise destroyed nor go upon him b●● by the lawfull judgment of his Peers or by the Law o● 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 Duchesse Countesse or Barronesse shall be put to answer o● before what Iudges they shall be judged upon an Inditement of Treason or Fellonyes by them committed o● done because wherof it is an Ambiguity in the Law o● 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 a. 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 hi● Lawes is 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 for the same Reason in the Queene being his wife Plouden 23.1 a. Cookes 8. Repl. 28. A man seised of divers Lands in Fee holden by Knights service some by Prioritie that is by ancient Feofment holden of others and some

may have three Chaplains wherof every one may purchase license or dispensation and receive have and keep two Benefices with care of souls and they of this Order wherof I have now writ are called Knights of the spur and Butcher Knights And so it is used in the statute of 13. R. 2. cap. 1. and in the statute of 3. Ed. 4. cap. 5. Hereof see Cambden 176. and M. Seldens Title of Honours fol. 336. Between Doctors of the Civill law and Knights have ever bin question for precedency and Serjeants at law since either of them have obtained credit in the Common wealth as may appear by the comparison that Tully maketh between Mucius Maurena a Knight of Rome and Publius Sulpicius a Lawyer either of them standing for the Consulship In his Eloquent Oration m●de for Mu●ena and many Disputes of Bardell and Bardus arguing the Case to and fro which although it be yet disputable in forreign Countries where the civill law is in credit yet here amongst us in England it is without controversie and so the precedency thereof is undoubtedly in the Knight and Sergeant at law in regard of their Callings But if they both are of equall degree of knighthood or a Serjeant at law not Knight then it goeth otherwise as by Knighthood by Seigniority and by Serieantship by the Kings Writ and degree allowed thereupon Dr. Ridley 95. and so Selden his Titles of Honour fol. 55. touching part of this Discourse not all The opinion of some men hath lately bin that Knights Lieutenants that is to say such as have beene Ambassadours to forraigne Princes or Judges within the Realm may and ought to have during their lives precedencie above men of their owne rankes after these their Offices expired and many of them doe stand strongly hereupon sub judice lis est not determined by judgement but admitting it to be so by way of Argument in that case yet all the Heraulds doe utterly deny that priviledge to the Maior of London and Aldermen or Justice of the peace who have their limited Jurisdiction of Magistracie confined within the compasse of their owne walls and divisions But touching the former they are generall Magistrates throughout the Realme and their imployment concerneth the whole Common-weale and having the publike Justice of Honour of the whole estate committed unto them do more meritoriously draw from thence a greater respect of honour according to the generallitie of their administrations and imployments which an inferiour and more confined Magistrate may have The name of a Knight is the name of Dignity and a degree as is the name of a Duke Earle c. But in all actions he shall be named Knight otherwise the Writ shall abate See The●wall lib. 3. cap. 3. A Knight also must be named by the name of Baptisme and by his sirname as Sir Ierome Bowes Knight but those of degree honourable who are made by pattent may be named onely by their Christian name and by their title of honour as Iohn Earle of Clare and that for two causes first because of their solemne creations it is notorious et nomen dicitur a noscendo Secondly there is but one of that title of honour within England and therefore it is certaine what person he is but otherwise of Knights as it is certainely knowne in Anno 8. Edw. 4.24 a. And Priscot Chiefe Justice saith in 32. H. 6. fol. 26. b. that if an Esquire be made a Knight hee loseth his name of Esquire but albeit a Knight may be made a Nobleman or of any high degree he still retaineth the name of Knight and so ought to be stiled in the making of all Writs See Milles fol. 81. Also if a man do recover in an action by the name of Iohn Stiles Esquire and afterwards he is made a Knight he must sue out his Scire facias by the name of Knight Vide Long. anno 5. Ed. 4. fol. 19. And this name shall not dye with him for if hee were bound by an Obligation by the name of Gentleman or Esquire and afterwards is made Knight and dyeth the Plaintiffe in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate Vide anno 7. H. 4.7.6 26. Ed. 3. fol. 64. a. Thomas Ormond was attainted by Parliament by the name of Thomas Ormond Knight whereas hee was no Knight he shall not forfeit any thing by that attainder because it cannot be intended the same person for this word Knight is parcell of his name 21. E. 4. fol. 17. a. If a Grant be made to H. Knight when he is no knight it is a void Grant But if it be a Feofment in Fee with livery of seism the livery it maketh good Vide Broek titulo Grants 50. Anno. 4. H. 6. If the Plaintiffe or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiffe or Demand●nt may not have another writ by Iournier account Finches book 59. Vide Cooks b. part de les Reports 1. b. But by the statute Anno 1. Ed. 6. cap. 7. It is amongst other things Enacted that albeit any person or persons being Justices of Assise Justices of Goal delivery or Justices of the Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made or created Duke Arch-Bishop Earl Marquesse Viscount Baron Bishop Knight Justice of the one Bench or on the other or Sergeant at Law or Sheriffe yet notwithstanding he and they shall remain Justices and Commissioners and have full power and Authority to execute the same in like manner and Form as he or they might or ought to have done before the same By the statute of Anno 5. H. 5. cap. 5. It is enacted as followeth That every Writ originall of accounts personall appeals and Ind●ctments shall be made with the addition of their Estates and Degrees c. and a little after it is provided That if the said Writs of accounts personall be not according as the record and deed by the surplusage of the additions aforesaid that for this cause they are not Iohn a Stile Gent. is bound by obligation to one A. B. the Obliger is afterwards made Knight the Bond is forfeited A. B. by his Attorney draweth a note or title for an originall Writ according to the defendants degree though it vary from the originall specially as it ought to be made by the statute But the Cursitor mistaking did ●ake the originall only according to such addition as was specified in the Obligation omitting his degree 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 ●amed according to his degree of Dignity upon a Writ of Errour after judgment doubt was if this might be a●ended in another Court then