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A28196 A treatise of the nobilitie of the realme collected out of the body of the common law, with mention of such statutes as are incident hereunto, upon a debate of the Barony of Aburgavenny : with a table of the heads contained in this treatise.; Magazine of honour Bird, William, 17th cent. 1642 (1642) Wing B2956; ESTC R18509 58,218 162

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antient Saxon Testament of one Arfrie an Earle which is brought to light by Master Lambert in the description of Mephem in the preambulation of Kent in those times The Thanis were for the most part deemed Noble and held one and the same dignitie as the Barons doe The word Thanis being usuall in that sence not onely among our English Saxons but also with the Scots and Danes as concerning the Scots Hector Poet writeth Malcolmum regem titulo Comitatum honestasse And as touching the Dane the Thanis among them are yet in use as liberi Domini such as are the Barons by this it may appeare that the name of Baron was not usuall amongst the ancient English Saxons for that in the subscription unto the graunts of Kings whereunto with the signe of the X were subscribed the names of all noble personages as well temporall as spirituall the said word Baron cannot bee heard of but in an antient Charter made in the name of Zolpher sometimes King of Mercia unto the Church of Peter-borough having these words Praecipimus quod praedict Monast dona sua sint habenda c. ab omni diminutione exact comitum c. Likewise to this effect have I seene in an old booke belonging to the Monast of West Edg. Rex concilio habito infra basilicum Westm presidente eo cum filio suo Edw. Dunstano Archiepiscopo universis Episc Baronibus suis dictā Ecclesiā de Westm. renovavit Neverthelesse the name of Baron was not much vsed within the Realme untill the Norman Conquest after which it grew very frequent In which time the notable cases c. of the Realme were debated before him and his Barons and by them adjudged as by divers Monuments extant may appeare Doomes-day in Canterbury whereof one is in this manner in the Record of Doomes-day 21. E. 3.6 Quidam Preposit Brumanus eo tempore R. Edw. coepit consuet de extraneis mercatoribus c. Also 21. Ed. 1. doth set forth by exemplification an act of Parliament made in a cause between the Abbot of Saint Edmondsbury and Arfast sometimes Bishop of Thetford which See was afterwards translated by Herbert to Norwich concerning the Visitation of the said Monasterie which Parliament was holden by the said King the Archbishop of Cant Barkshire and all other the Bishops Earles c. appeareth Moreover in the Record of Doomes-day in the description of Donesh is declared that at the time of the said Record there were at Warham of certaine Barons lands twenty houses standing and seventy destroyed by which appeareth that both name and dignitie of a Baron was sufficiently knowne in the time of the Conquest and as touching the vse of the name the word Baron seemeth to be frequented among the Norman Conqu of this Realme In lieu of the word Thane among the Saxons for as they in a large signification did sometime use the same to the sence c. of a free man borne of free parentage c. and so did the Normans vse it and therefore called their free Citizens of their best esteemed Cities and Burgesses c. by the name of Barons Bracton 272. and therfore the Citizens of London were called Barons Lond. in divers auntient Monuments of whom also Bracton writeth Per Barones Lond. c. So also there are diverse Charters wherin mention is made of such like Barons as the Barons of Warw. in Dooms-day and in our time the Burgesses of the five ports are called Barons and divers of the Nobility of Barons as well spirituall as temporall did in antient time set in the Exchequer in judicature Moreover as our Saxons had two kinds of Thanis Fleta lib. 2. cap. 24. the judges of that Court have been from antient times and yet are called Barons of the Exchequer the like hath been observed of Barons among the Norman Conqu for the Kings of this Realme have had their immediate Barons being the Peeres of this Realme so certaine other Noblemen especially the Earle Palatine and Earle Marchers whose Counties have confined upon the coasts of the enemie have had under them a kind of Barons as namely under the County Palatine of Chester were these Barons the Barons of Hatton Monbatte Mulbanke Shipbrooke Malpas Masy Kingderston Stockport c. The Earle-dome of Pembrooke being first erected by Arnulphus Mountgomery 7 H. 6.35 17. E. 3. inter placita 18. E. 2. Assis 30. Camois that conquered some part of the County and therefore the Earle thereof being an Earle Marcher had also under him his Barons for it appeareth by the Parliament rolles 18. E. 3. that the Baronies of Haverford Cammois Rochie and Castlegoton were antiently belonging to the Iurisdiction of the Earledome of Pembrooke and had their Chancery and Scals as other Barons upon the Marches vsed to have Hereof also it followed not onely in this Realme but also else-where that Earles had under them such as they called their Barons who held under them lands in Knights service and in the defence of their Lords and therefore in the Register of the Monast of Saint Iames of Northampton it is found that Simon Ea. of Northampton did get and confirme unto the said Abbey Omnia dona c. quae Barones sui c. infra burgum extra North. illis dederunt Many old Charters also are extant whereby it appeares which now time hath worne out of memory and yet the knowledge thereof serveth to good purpose namely to reconcile the different opinion of some men concerning the law 20. E. 3. Ass 122. for 20. E. 3. Thorpe holdeth opinion that none can hold per Baron but of the King onely and that no subiect can aliene his land to another to hold of such alienor per Baroniam which some Serjeants denyed to the which opinion of Serjeants Wilby and other judges agreed 2. E. 3. Ass 124. Prerog cap 7. Adding further that before the statute of Prerog Regis those that held per Baroniam might aliene some parcell thereof to bee holden by other since which is evident saith he in this that the antient Baronies doe consist most of services which began by occasion of such suites as aforesaid The assertion of both the said Iudges is good law for none can hold per Baroniam but of the K. Qu. c. Monarchs of the Realme And againe it is true that in some kind of feme a man may hold per Baron of a subject but diversis respect ergo distinguendū est None can hold per Baroniam as a Peere of the Realme and in course of perfect Nobilitie but of the Crowne onely For of this Bar. Bracton understandeth when he saith it is the strength of the Realme and these Barons according to the law Senderl are these Capitanei or Valvasor Majores there spoken of for Qui a principe vel ab aliqua potestate de plebe aliquare per feudum vestitus Lib 2. feudall tit