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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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male can challenge the said Barony by any antient intayle or otherwise such claim by the Heire female hath heretofore beene allowed by the late right Honourable Commissioners in the office of the Early Marshall signified to the Queen as upon the Petition of the Sister and Heire of Gregory late Lord Dacres deceased may appeare In whose Pedegree it appeares that Thomas Lord Dacres Barony of Dacres had issue Thomas his eldest Sonne Ralph his second and Humphrey his third Thomas died in the life of his Father having issue Jone his Daughter and heire married to Sir Richard Fines after Tho. the Grandfather died wherevpon H. 6. by Patent 7. Novemb. Anno 37. declares the said Richard Fines to be Lo. Dacres but tempore E. 4. the said Humf. Dacres after the Attainder of the said Ralph himselfe by Parliament 1 E. 4 and after of the said Ralph and reversall of the said act in 12. E. 4. the said Humf. challenged the Baronie whereupon after it was controverted in Parliament they submitted themselves to the arbitrement of E. 4. for performance whereof they entered bond whereupon the King awarded vnder the privy Seale Award by King E. 4. 8. Aprill Anno 13. that the said Richard Fines should be reputed Lo. Dacres and that he and his Heires of the body of the said Richard should retaine the said place in Parliament which the said Tho. Lo. Dacres used And that the heires of the body of the said Tho. should enjoy the Mannor of Holbeck And that the said Humf. Dacres should be reputed named and called the Lo. Dacres of Gillesland And that hee c. should keepe the place in Parliament next beneath the said Richard Fines c. And that the heires of the said Tho. Dacres should have the Mannor of Fethington c. in Taile Nota. And so note that Gillestand the antient Barony remained to the heire male Obser 4 Observe also that if any Baron doe die without issue male and that by some speciall intaise c. by which an heire female enjoyeth the inheritance of the said Baron such heires females have beene called to the Parliament and not the husband or issue male of of such heire female and this appeareth by a notable controversie Tempore H. 7. between Sir Robert Willoughbie Lo. Brooke and Richard Nevill Lo. Latimer Barony of Latimer for the Barony of Latimer which in effect was The said Lo. Brooke challenged the said Barony as cosen and heire of Eliz. his great grandmother who was sister and heire to Iohn Nevill Lo. Latimer who died without issue And herevpon exhibited a Petition to H. 7. in Parliament whereunto Richard then Lo. Latimer was called to answer who agreed the descent viz. that the said Eliz. was married vnto Sir Tho. Willoughbie second Sonne to the Lo. Willoughbie but H. 6. because the said Iohn died without issue and that the next heire was female did therefore call to the Parliament Sir George Nevill second sonne of Ralph Earle of Westmerland to be Lo. Latimer which George was grandfather of the said Richard namely Father of Hen. father to the said Richard in debate of which cause our Question viz. whether a Barony by Writ may descend vnto heires females was debated and in the end adjudged with the said Rich. which Presidents doe afford vs 2. Iudgements in the point Object But here the former President of the Barony of Dacres may be objected to incounter this conclusion for whereas the heire female married to Sir Rich. Fines he was Baron of Dacres and Raynolph and Humf. the heires males placed below the said heire female by H. 6. and E. 4. Answ This Objection is easily answered for although H. 6. did declare him Lo. Dacres yet Rand. being heire male bare also the title of Lo. Dacres and by that name was attainted 1. E. 4 Wherefore the Reason why the heire male could not be regarded was the attainder Ratio and when this was reversed E. 4. to satisfie both competitors thus orderd it And thus much concerning the second point whether a Barony by writ may descend unto the heire female Concerning the third point admitting such descent to their female The third Article when no male can claime it for then doth this question take place whether her husband should enjoy that dignity in her right or no something hath beene said hereof in the last question But for satisfaction wee are to insist upon a resolution in the very point tempore H. 8. When Master Wimbish tooke upon him the stile of Lord Talbois jure uxoris having no issue by her The King assisted both by civill and temporall Lawyers gave sentence Resolution ●cmp H. 8. that no husband of a Baronesse should use her stile untill he had by her a child whereby he should be intitled by the curtesie to her inheritance Ratio 1 The speciall reasons that occasioned this sentence were 2. first the inconvenience that the husband should be a Peere of the Realme to day and to morrow by the death of his wife none and so honour subject to mutation without default of the partie Ratio 2 Secondly if he had issue if he should not beare the stile then should his Son after the death of his Mother dying in the life of his Father bee a Baron without land for it the Father hath by the curtesie but these questions take place where there is no Heire male at all And thus much concerning the nature qualitie and estate of the Baron by Writ and for resolution of the severall points and articles of the question proposed may suffice onely note the Case in 13. E. 3. where William de Clinton having married the Countesse of Huntington 13. E. 3. Briefe 259. they joyned in an Assise of Nusance for levying a Market c. Exception was taken because he did not name himselfe but it was over-ruled because having it Jure Vxoris by the Law he may not use the same title having no other title thereunto Now come we to Barons by Patent A Baron by Creation Barons by Patent is he or shee to whom the King hath conferred Baronies by his Letters Patents The usuall words are Considerantes itaque generis claritat vel grata obsequia quae A.B. Mil. nobis praestiterit c. Sciatis nos c. praefat A.B. adstatum gradum dignitat honor Baronis te ereximus praefecerimus creavimus eidemque A.B. nomen c. Baronis de T. imposuimus c. Ac per patentes damus c. habend praefat A.B. Haer. c. This kind of Dignitie shall bee of such continuance as shall be limited in the Habend sometimes for life sometimes pur auter vie as some hold opinion in 32. H. 6. 32. H. 6.296 It may bee in the speciall or in the generall And this kind of Patent was usuall before the Statute of 2. as it apeareth by the Patent Pat. 13 H. 3. in turre
hath come and descended with the Castle which make the honour of by the space of 300. yeeres last past in their noble Families in the blood of the Hastings 2. In the time of Beauchampe and the time of Nevill where the name by the Grace of God doth now and long may continue every which family having right to the said Castle and honour did lawfully beare the name and title of Lord Aburgav and had place in Parliament accordingly And therein shall be answered the objections made to the contrary That the Barony of Aburgavenny is a Barony by Tenure and an antient Honour AFter the Normans had conquered this Land it was carefully observed by them as a matter of much moment and a point of special policie to place upon the confines or borders of the Brittaines or Welch not then subdued men of much matter not onely sufficiently able to encounter the inrodes and invasions of the enemie but also willing to make onset on them and to enlarge the conquest These men thus placed were of high blood credit and continuance among them countreymen to the Normans and in whose faith and prowes the Conquerors reposed speciall confidence and trust And therfore in the territories given unto them to hold the tenures were devised to be very speciall and of great importance and their Honours inriched with many priviledges 7. H 6.35 18 E 2. Assisis 382 Fol. The Earle of Chester for the North border of Wales erected a County Palatine And the Barons of the middle part of the South Marches were adorned i a manner with a Palatine Jurisdiction having a Court of Chancery and Writs onely among themselves pleadable to the intent that their attendance might not thence be driven for the prosecuting of Controversies or quarrels in the Law And as for the other part of the South Marches they seemed sufficiently fenced with the River of Severne and the Sea The Castle of Aburgavenny taketh his name from the River of Gevenny whereon it is scituate and the Brittish word Abber which signifieth a Mouth and is interpreted the Mouth of Gevenny because the Castle and Mouth of Aburgavenny is built neere the place where the said River of Gevenny doth open it selfe to the end of the Uske It is an antient Fortresse of old foundation there or neere unto the place as learned men doe probably and upon many good circumstances conjecture where the Romans builded their Gabonium It is the chiefest Townes of the County called the higher Guent by the Romans called Ventum Gallinum now parcell of the County of Monmouth This Castle c. was first given to be holden Per Baroniam sive grand Serjantie the service whereof is of great importance as appeareth by this Record following Inquisitio capt c. At Aburgavenny Ex būdelle Esch 6. E 2. Mar. Wal. 6. E. 2. upon the death of Jobn Hastings found quod idem Iohannes tenuit castrum c. De Rege in Capite per servicium homagij wardi maritag cum acciderit si _____ fuerit inter Regem Angl. Principem Walliae dictus Iohannes debet custodire patriam de Operwent sumptibus proprijs Inquisitio capt apud Hereford upon a Writ of ad quod damnum Ex Bundell Esch 25. E. 3. Ex rot Patent 4. E. 1. num 36. found quod non est ad damnum Regis nec c. si Rex conce●at Priori c. de Aburg quod ipse duas acr prat vocat Weldelham c. quas de Lorentio de Hastings nuper Comit. Pembrooke post Statutum de Mortmaine retinere possit sibi Successoribus suis dicunt quod praed 2. acr fuerunt de dominicis praedicti Comit. tenentur immediate de Rege ut parcella Castri quod tenetur de eo de nullo alio Also that this Barony was of a very large Seignorie and had petty Barons or Baronets holding thereof appeareth by Writ 1. E. 1. for the more speedy gathering of 15th which was granted to him towards his charge to the Holy land which Writ is directed to the Tenants of the said Barony that they should pay their part to Gremball Poneefote and Henry de Bray appointed Collectours directed in this manner Rex Abbatibus Prior. Baron Mil. liberis hominbius omnibus alijs Tenentibus de honor Aberg Salut Cum Archiepiscopi Episcopi Abbat Prior. Mil. omnes alij de regno 15th de bonis suis qnibusdam tamen rebus exceptis nobis liberaliter concesserunt benigne ad exonerationem debitorum in quibus diversis mercatoribus de tempore quo moram in terra sancta gessimus obligamur Nos c. Obser 2 Observatio secunda that the Title of Aberga de facto hath descended with the Castle c. William Conquerour gave the County of higher Guent Hamline de Backlune unto Hamline de Backlune the Sonne of Drugo de Backlune a Norman which builded the Castle and Priory of Abergavenny and after assured the same to Brian de Wallingford Sonne of Eudo Earle of Brittaine Sonne of Lucie younger Sister of the said Hamline by whom it was conveyed to Walter second Sonne of Miles of Gloucester tralt of Glou. Brewes Earle of Hereford from him it came to his Brother Henry and thence to the Families of Brewes Barons in the Marches of Wales and from them to Cantelupe Barons in the said Marches Cantelupe The the line of Hastings owners of this Castle and in respect thereof intituled Barons of Aburgavenny GEorge de Cantelupe Baron of Aburgavenny and Cant. the last of that name died without issue having two Sisters Hastings Ioan the eldest married to Henry Hastings and Milliscent married to Eudo la Zouch Henry Hastings by his had issue Iohn and because he did adhere to the Barons tempore H. 3. hee was imprisoned for seven yeeres Ed. Kelen Article 35. Rot. Cart. H 3. during which time hee died And that Barony being in the Kings hands he gave it to Peter de Sabandia in exchange for the Mannor of Baydenhall parcell of the Honour of Richmond which the said King had given him So that this Barony came now to the Earle of Richmond Esc 8. E. 3. In Suffex Ex rot claus 2. E. 1 indoes memb 12. as by an office found after the death of Iohn Britton Earle of Richmond tempore E. 3. appeareth The said Iohn Hastings at the time of the death of Henry his Father and Joan his mother both which died in the life of the said Geo. Cant. as also at the time of the death of the said Geo. his Uncle was within age and in ward to E. 1. during whose minoritie there was a partition betweene the said Milliscent his Aunt and the said Iohn by which the Castle c. of Aberg then extended to the yeerely value of two hundred pounds eighteene shillings and three pence as also Kill Garren St. Cleere and other lands in England and Wales And unto