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A11178 A briefe treatise against detractors of dignities. Published by Ra: Rugbie Esquire. Allowed by authoritie Rugbie, Ralph. 1622 (1622) STC 21444; ESTC S106128 10,759 30

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li. 2. cap. 34. f. 76. Mils pag. 27. See also the Customes of Normandy f. 120. Mils pag. 76. nor haue you a Tenant by the courtesie of a Dignity neyther is there Possessio fratris of a Dignity Co. li. 3. f. 42. No more can a Dignity be transferred though it be given to a man and to his heyres And whereas it is obiected that Baronets being an hereditary Dignity if they fall into poverty they and their heires shall notwithstanding take the place of Knights I answer that this is a chance incident vnto all Dignities and to Knighthood also yet that there is a remedy for this and the like grievance they may vnderstand that if the possessions of any persons nobled are so decayed Smiths Common-wealth of England pag. 21. 22. Mils pag. 29. that they haue not wherewith to support their Dignity there is a meanes to deprive them of it Rot. Parl. anno 17. E. 4. See how in 17. E 4. Iohn Marques Montague and George Duke of Bedford were by Act of Parliament degraded of all honorable Titles in these words sct. Whereas afore this time the King our Soveraigne Lord for the great love and zeale he bare to Iohn Nevill late named Marques Montague and other considerations him moving did erect and make George Nevill the eldest sonne of the said Marques to be Duke of Bedford And at that time for the great love that his said Highnes bare to the said Iohn Nevill purposed and intended to haue given to the said George for sustentation of the same Dignity sufficient livelihood and for the great offences vnkindnes and misbehavings that the said Iohn Nevill hath done and committed to his said Highnes as is openly knowne hee hath no cause to depart any livelihood vnto the said George And forasmuch as it is openly knowne that the said George hath not nor by inheritance may have any Livelihood to support the said Name Estate and Dignity or any name of Estate And oftentimes it is seene that when any Lord is called to high estate and hath not livelihood conveniently to support the said Dignitie it induceth great povertie and indigence and causeth oftentimes great extortion embracery and maintenance to be had to the great trouble of all such Countries where such Estate shall happen to inhabit Wherefore the King by the advice and consent of his Lords spirituall temporall and of the Commons of this present Parliament assembled and by the auctoritie of the same hath ordained established and enacted that from henceforth the said erection and making of Duke and all the names of Dignity given to the said George or to the said Iohn Nevill his father be from henceforth void and of none effect And that the said George and his heires from henceforth be no Dukes nor Marquesses Earles nor Barons for no erection or creation before made But that the name of Duke and Marques Earle and Baron in him and his heires cease and be void and of none effect the said Erection or Creation notwithstanding Yee shall also reade in Nevils Case reported of by Sir Edw Co. li. 7. f. 33. 34. Quinetiam si posteaquam electus esset Senator Censum labefactasset Ordinem amittebat Sigonius de antiquo iure Civiū Rom. li. 2. ca. 2. Coke that As in auncient times the Senators of Rome were elected à Censu of their Revenues so in former times in conferring of Nobilitie here with vs there was respect had vnto their Revenues by which their Dignitie and Nobilitie might be supported and maintained through the want whereof great mischiefe may ensue Britton f. 68. 29 E. 3. f. 42. 11. H. 4. f. 15. 1. H. 5. f. 14. 14. H. 6 f. 2. Co. li. 6. f. 52. For no Capias lyeth against a Lord of the Parliament Id solum privilegium habent Nobiles a regibus in gratificationem obsequiûm Reipublicae Molin Tract 2. pag. 1456. in that the Law presumes he hath sufficient freehold ad sustinendum nomen onus and wherewith to satisfie eyther debt or trespasse the which wanting all remedy in such case faileth Therefore Antiquitie hath set downe a Competencie of livelihood for these degrees following Co. li. 9. f. 124. sct. 12. Plough-lands for a Knights fee as sufficient to maintaine the degree of Knighthood 13. Co. li. 7. f. 33. 34. Knights fees to be a convenient living for a Baron 20. for an Earle 26. for a Marques 40. for a Duke According to which his Maiestie hath likewise beene pleased to set downe the revenue of a Baronet The Booke published by his Maiestie touching Baronets pag. 17. printed 1611. to be 1000. li. land per annum de claro of Inheritance whereof two parts at the least to be in possession and the third in reversion And though true it is that Vtilior est sapientia cum divitijs conjuncta Lamb. Peramb pag. 368. Yet it is not hereby intended Qui vtiliter decenter Magistrat fungi debent sint divites bonis animi doctrinae iustitiae sapientiae pietatis auro abundent Plato li. 7. de Repub. that vertue is measured by the acre or that it consists in riches For strength is not alwayes found by greatnes Fulbeck li. vlt. ca. 9. f. 67. nor in multitude no more is inward ability by outward wealth See Stat. 18. H. 6. ca. 11. 9. E. 2. 4. E. 3. 9. 5. E. 3. 4. 14. E. 3. 8. 1. H. 8. 8. 3. H. 8. 2. 35. H. 8. 6. 2. E. 6. 32. Stat. 27. Eliz. cap. 6. Nor were those Lawes which require freehold in Iustices Shierieves Coroners Escheators Iurors Register of Writs f. 178. 12. H. 7. f. 4. and Bailiffes of Liberties made out of any other respects then meerly to the end that if these transgresse in their office or duty they should render satisfaction for it as well by their estates as otherwise To conclude seeing it is his Highnes pleasure to create this Dignity and in that it is lawfully granted and is no way more preiudicious in the continuance then any other former hereditary Dignity is or hath beene And it so being that his Maiestie who is the chiefe Iudge of vertue and merit is pleased to esteeme them worthy of this Dignity it is not for you nor any then to dispute it See Sir Drue Duries Case Co. li. 6. f. 73. 74. that if the King knighteth one within age who is vnable to doe Knights service Tout's sont conclude à dira le contrarie de ceo pur ceo quant le Roi que est le sovereigne supreme Iudge de Chivalrie ad dubbe luy Chivaler il per ceo ad adiudge luy able See likewise the auncient Lawes of this Land both before See Ranulphus f. 61. Saxon in his description of England cap. 71. Britton f. 49. b. Bal. l. Obser Petrus Geral. in suis Singular 33. and since the Conquest and also the Civill-Law against traducing of Honor or Worship And see 2 2. Pet. 2.10 in the last Translation Iude 8. of Peter 2.10 Presumptuous are they selfwilled they are not afraid to speake evill of Dignities Camdens Remaines pag. 138. See Camdens Remains or in the Code of Theodosius Codicis Theodos. li. 6. Tit. 5. Tit. Vt Dignitatum ordo servetur Si quis indebitum sibi locum vsurpaverit nulla ●e ignoratione defendat sitque plane sacrilegij reus FINIS