Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	error_n	writ_n	5,537	5	9.7389	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

act in law presently upon the death of the Ancestor unto the heire or not at all Wherefore the custome of our countrey and manifold presidents doe prove that this kind of Barony doth descend from the Ancestors to the heire and there needs not any words of heirs in the writ of summons Onely one president there is in a speciall writ sometimes directed to Sir Henry Bromsted in 27. H. 6. wherein he was stiled Lord Veysey wherein there are these words inserted Volumus tamen vos haeredes vestros masculos de corpore vestro legitimè procreatos excuntes Barones de Veysey existere which is to bee read in Co. 7. part 33. b. Wherefore as it is true that where the heire of any such Baron by writ is called to the Parliament that his descent of honour is thereby established and approved by the gracious judgment of our sacred Soveraigne so it is also true that if it shall stand with his Highnesse pleasure that such heire shall not be summoned at all for none can come to so high a Councel unlesse he be called then that Nobility is much empaired and in a manner extinguished in the censure of all men for that it had none other originall but by writ of summons from the which in the judgment of the supreme soveraign he is excluded As to the second principall point whether the Barony by writ may descend to the heires females it shall not be amisse likewise to view the reasons of either part and by conflict of argument the truth may the better be discerned Those that maintain the affirmative part do reason after this manner In reason the sexe of the heire female ought no more to bar her of the dignity than the nonage of the heire male ought to bar him although during his nonage he be unable to do the service but as the service of the one is forborne for a time so the sexe of the other may at all times be supplied by the maturity and sufficiency of her husband Offices of honour which do much import the publique weale being passed by inheritance do descend to the heire female if there be no nearer heire male As the office of the high Constableship of England which descended to the daughters of Humphrey de Bohun Earle of Hereford and Essex a memoriall whereof is in Dyer 285. but more at large in Keilway 6. H. 8. Also the office of Lord-Steward descended to Blanch daughter to H. Earle of Lancaster the like may be said of the office of Earle Marshall which descended by an heire female unto the house of Norfolk all which offices are unfit to be exercised by a woman as it is unfit for a woman to be summoned to the Parliament as a Baronesse by writ And many noble houses in England do support the dignity of Baronage unto them descended by women They which stand on the negative part of this controversie do encounter their adversaries on this manner viz. The writ of summons to the Parliament whereby the Baron by writ hath his originall is to call that honourable and worthy person so summoned to be one of the number of that right high and honourable Assembly and to be a Judge to sit heare and determine life and member plea and right of land if there shall come occasion likewise to give counsell and advice in the most weighty affaires of the Realme But these things are convenient for the quality of men unfitting and altogether unbeseeming the sexe of women Ergo having respect unto the finall purpose of such writs such inheritances should only descend unto the heire male and not unto the heire female Secondly if it shall be answered that although the heire female to whom such inheritance is descended be unfit in her owne person for the accomplishing of these things yet she may marry with one sufficiently able for her and in her behalf to execute the same this answer will neither satisfie nor salve the inconveniences For admit that such heire female were at full age at the death of her Ancestor unmarried it doth lie in her own choice who shall be her husband so shall the pleasure of the Soveraigne in the choice of his Councell in the great causes of the Realme be subject to the will of his subject in the choice of her husband which were altogether inconvenient Thirdly if such husband shall be called in the right of his wife the writ should make some mention hereof for otherwise it may well be taken that the husband was chosen in his own person and in behalfe of himselfe and not in regard of his wife or such pretended dignity descended unto him But there was never such writ of summons seen wherein the wife was mentioned and if the husband of such wife have been called to the Parliament which is alwayes by generally writ not mentioning his wife he is now made thereby a Baron of himself and in his own right by that writ Having thus heard both sides speak place doth now require to interpose opinion to compound this controversie This question or point is somewhat perplexed by means of difficult presidents for first it is observed that some presidents do prove that Baronies by writs have descended unto heires females whose husbands have beene called to the Parliament whether in regard of themselves or in regard of their wives it matten not But sure it is that the marriage of such Ladies gave them occasion so to be summoned and such husbands and their posterity have and do lawfully beare the same name of dignity which the Ancestors of such wife did before rightfully beare For by this controversie there is no purpose to call the right of such noble houses into question Howbeit secondly this is to be observed out of the presidents and to be acknowledged of every dutifull subject that the Kings Majesty is neverthelesse at liberty to call to the high Councell of Parliament whom his Highnesse shall in his Princely wisdom think most meet which his Majesties Progenitors have in former ages observed And therefore whereas Radulph Lord Cromwell being a Baron by writ died without issue having two sisters and coheirs Eliz. the eldest married to Sir Tho. Nevill Knight and Joan the younger married Sir Hunt Bourcher he who had married the younger sister was called to the Parliament as L. Cromwell and not the said Sir Tho. Nevill who had married the elder sister 3. It is to be observed that if a Baron by writ die without heire male having his daughter sister or other collaterall heire male that doth or can challenge the lands of the said Baron deceased by any ancient entaile or otherwise the title of such heire female hath bin heretofore allowed as by the honourable opinions and relations of the right honourable the late Commissioners in the office of Earle Marshall signified unto the late Queene upon the Petition of the sister and heire of Gregory late Lord Dacres deceased may appeare Moreover in the

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

for the saving of his tenancy being minded to pay all the arrerages before judgment given against him as by the Law hee ought to doe in this case hee must come in proper person and not by Atturney 15. H. 7.9 b. If a noble man in contempt of any processe which hath beene awarded from out of any the Kings Courts doth make rescous and wilfully doth refuse to obey the said writ and the same his offence doth appeare of record to the Court by the Sheriffs returne there may be and shall be awarded against him a Capias 1 H. 5. Case ult 27 H. 8.22 Cooks 6. part 54. If any Lord doe depart this Realm as Ambassadour or otherwise by the Kings lincence or without licence and doe not returne at the Kings Commandement or upon the Kings writ under his privy Signet the King may seize his lands goods and chattells Dyer 108. b. 17. the Dutchesse of Suffolks case If a Lord arrested upon a Supplicavit for the peace doe wilfully refuse to obey the arrest and make rescous upon his returne shall issue an attachment against the said Lord for his contempt to take his body and this is the way to obtaine peace against any Lord of the Parliament whereas the party could not have an attachment against him if the Subpoena had beene duly served and peaceably accepted although the said Lord had not appeared thereunto Cromptons Justice of Peace 134. If a Lord of the Parliament doth with force and arms detaine a man in prison in his House or elsewhere the remedy is in such cases by himselfe or his friends abroad at liberty to have a writ called de homine replegiando to deliver him but if the Lord to prevent the execution thereof and of malice doe keep or convey away this man so wrongfully imprisoned so privily as that the Sheriffe cannot execute his said writ then will the Court award a Witheram whereby the Sheriffe shall attach and arrest the body of the said Lord and imprison him untill he doe deliver his said prisoner 11 H. 4.15 All Lords are compellable to take the Oath mentioned in the Statute of 3 Jac. 4. vide the Statute 7 Jac. cap. 6. who have authority to minister the said Oath to them Bracton lib. 5. fol. 337.6 H. 3. 351. writing of essoines delivereth this learning that if a Baron that holdeth by Baron tenure have his absence excused by essoine he which casteth such essoine or excuse ought to finde surety that the said essoine is true but in case of common persons it shall rest upon the credit and integrity of the Essoince and so is the use at this day The Statute of magna charta cap. 1 a. is quod liber homo non amercietur pro parvo delicto nisi secundum modum illius delicti pro magno delicto secundum magnitudinem delicti nulla praedictarum miscricordiarum ponatur nisi per Sacramentum proborum legalium hominum de vicinate and accordingly is the Law thereunto at this day But the subsequent words in the said Statute viz. Comites Barones non amercientur nisi per pares suos non nisi secundum modum delicti are not in use for whether the offence be great or small for which they are to be amerced their amercement must be certaine viz. of a Duke ten pound and of any other of the Nobility Also whereas the amercement should be offered per pares the use is to offer them by the Barons of the Exchequer Cooks 8. Rep. 40. Bracton lib. 3. Tractat. 2. cap. 1. fol. 116. b. When a Peere of the Realme is arraigned in Appeale of Fellony he shall not have that priviledge to bee tried by his Peere as he should in case of Inditement but must undergoe the ordinary triall of twelve men Stamford Pleas of the Crowne lib. 3. cap. 1. Brook triall 142. Ferdinando Poulton 188. b. Read the book of Entries title appeale Sect. 7. also in Case of an Inditement the Defendant though a Peere of the Realme may not challenge any of his Triers either peremptorily or upon causes which in like cases permitted to all other common persons The Judgement to be given against any Lord of the Parliament in case of Felony or Treason shall be no other than according to the usuall judgement given against common persons and although the execution be not pursuant but with the losse only of their heads yet that is by the speciall grace of the King and not ex debito as by the examples of Thomas Lord Dacre 33. H. 8. and of the Lord Sturton 2 Mariae may appeare Brook tit Jury 48. By attainder of Treason or Fellony is corruption of blood so that their Children may not be heires unto them nor unto any of their Ancestors And if hee were a noble man before he is by the attainder made ignoble and not only himselfe but also his Children having no regard unto the Nobility which they had by their birth and this corruption is so strong and high that it cannot be saved by the Kings pardon or otherwise than by authority of Parliament Stamford Pleas del Coronae lib. 3. cap. 34. But here it is to bee observed that Nobility is not a thing substantiall but meere accidentall for that may be present or absent without corruption of the Subject whereof it dependeth for experience sheweth that the passage of honourable titles are restrained by exorbitant crimes when as nature in the meane while cannot bee thrust away with a fork Wherefore although the Lawyers doe terme and call that extinguishment of Nobility which hapneth by such hainous offences committed as corruption of blood neverthelesse they use not this manner of phrase and speech as though Nobility were naturally and essentially in the humour of blood more than any other hereditary faculty but because the right of inheritance which is by degree of communication of blood directed is by that meanes determined and ended and also in regard of the hatred and detestation of the crime it is called corruption of blood note in Dyer 16. Eliz. 332. the Lord Charles Howards case If one be made a Knight in a forraigne Kingdome by a forraigne Knight yet he is to be so stiled in this Realme in all legall proceedings but if a man be created by the Emperour an Earle of the Empire or into any other title of dignity he shall not beare this title here in England Cooks 7. part 16.20 E. 46. If there be a Father and Sonne and the Father is seised of lands holden in Capite or otherwise by knightly service the King doth create the same Duke and Earle or of any other degree of Nobility and afterwards the Father dieth his Sonne being within the age of one and twenty yeares he shall be in ward but if the King had made him Knight in the life of his Father he should not have beene in ward after the death of his Father neither for the lands descended

againe and appeared not but made defanit Bucham Serj●ant for the Tennant prayed the Court to record the non-suite quod factum fuit and then Dyer chiefe Iustice reciting the Writ and Count and issue joyned upon the battaile and the oath of the Champion to performe it and the prefixion of his day and place did give Iudgement against the Demandant and that the Tennant should have the Land to him and to his heires for ever And the Demandant and his pledges de prosequendo in miserecordia Reginae and afterwards solemne Proclamation was made that the Champions and all other there present which were by estimation four thousand persons might depart in the peace of God the Queen Et sic fecerunt magra clamore vivat R●gina vid. Dy. 30. Also if false Iudgement bee given in the county in the Sheriffes Court then the Writ shall be directed unto the same Sheriffe and the writ shall bee thus viz. Henricus c. vic' Lincoln ' saltum si Jo Afec ' tunc inpleno Comitat. tuo recordari fac ' loquar que est in eodem Comitatu tuo per bre ' nostri de recto inter Iohannem a pretend W. B. tenent ' de vno messuagio centum acres terrae c●m pertinena ' in Com' unde idem Io acqueritur falsum sibi factum suisse Iudicium in eodem recordo illud litter ' coram Iustic ' nostris apud Westm ' tali die sub sigillo tuo et legales milites ejusdem Com' illis qui record ' illi interfuerunt som ' per bonos somonon ' pred' B. quod tunc et ibi anditurae recordum illud et habeas ibi sun ' nostra quatuor militum et hoc bre ' Fitz. H. Nat. br ' et ibid. and these foure must be Knights indeed Also the Iustices upon consideration of the usuall words in every Writ of Venire facias which by precipimus eibi quod venire facias ceram c. 12 tam milites quamalios liberos et legales homines c. Say that these words tam milites were not at the first put into the Writ without effect Plowden fol. ●17 b. For it seemeth that in di●bus illis some Knights were returned upon every ●enire facias By the Statute of Magna Charta cap. 12. It is ordained that Assizes of Novell diseisin and Mors. Dancestor should not be taken any where but within the Counties where they happen If a Tennant doe lay an essoyne de malo lecti he may have a Writ out of the Chancery to warrant it by which it shall bee commanded to foure Knights to view him and if they see him sicke then they are to give him day to the end of a yeare and a day Finches booke 87. b. note the Register fol. 117. b. quod corceratur non obligatur nisi sit miles c. juxea fornam statuti Westm 1. cap. 10. Stamfords pleas fol. 40. It is a received opinion that Knights are excused from attendance at Leets Britton 29. and 36. is cited to prove it and by a large understanding of the intent and meaning of the Statute of Marlbr cap. 10. For the ancient Common-law hath such respect unto the degree of knight-hood that they or their eldest sonnes were not compellable to find pledges in the Leet or Law-dayes For the Statute of Marlbr aforesaid was not introductive legis For it was before the Conquest vide the Lord Chancellors speech fol. 77. and the Common-law by this Statute is not alleadged and to that effect vide Finches Booke fol. 132. a. and Bro. tit fol. 39. and to the booke called the Mirrour of Iustice mentioned in the Preface to Cooks ninth part it is said that Knights are excepted and so it appeares that the practise was as well before as immediatly after the making of that Statute of Marlb and interpretation practica a principle way and forme of interpretation of Lawes The Lord Chancellors speech in the case of Post-nati 34. and in Divinity Propter sanctorum est interpretes preceptorum ibidem 66. But a Knight and superiours and inferiours are bound by Law to take notice of the proceedings there For if a man be out-lawed for felony at a Countie Court and one of the same County not knowing of the felony doth receive him hee is accessary 13. 14. Eliz. Dyer 355. a. et Stamford 96. et 41. Eliz. Also when the King doth summon to his Parliament Writs shall bee sent to the Sheriffe to make choice of Knights for every shire in this forme Rex vlc ' c. saltim quia _____ nostri Consilii pro quibusdam arduis urgentibus negotiis nos statum et defensionem regni nostri Anglia Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud civitatem nostram Westm 12. d●e Novembr prox ' futur ' teneri ordinavimus et ibidem prefatis magna tibus Proceribus dom ' regni nostri colloquium habere et tractare tibi precipimus firmiter injungentis quod facta proclamatione in proximo _____ tuo po●t receptionem hujus litteris nostris tenen l' die loco praedict ' d●os milites gladiis cinctis magis idoneos discret ' com' praedict c. electionem illam in _____ distincte aperte sub sigillo tuo sub sigillis eorum qui electioni illi interfuerint nobis in Cancellaria nostra _____ locum certifices indilate Cromptons Courts 1. b. vide Stat. de An. 23. H. 6. cap. 15. Where amongst other things it is enacted that the Knights of the Shires for Parliaments hereafter to bee chosen shall bee naturall Knights of the same County for the which they shall bee so chosen or otherwise such naturall Esquiers or Gentlemen being of the same County as shall bee able to bee Knights vide Plowden fol. 121. Peeres are by intendment of Law sufficient of Freehold and that is one of the reasons whereof no capias or exigent lyeth against him for debt or trespas but the Law hath not that opinion of the Knights sufficiency of Freehold for bee may bee a Knight Sans terrae therefore 26. H. 8.7 a. Brooke Exigent 72. and then hee is to bee returned of any jury or inquest howsoever hee may bee worthy and sufficient to serve the Common-wealth in Marshall affaires The wives and widdowes of Knights in legall proceedings and in Courts of Iustice have not the titles of Ladies as the wives or widdowes of Noblemen have but that title by the curteous speech of England And if in any action they be not called Ladies for that cause the writ shall not abate for that surplusage Anno 8. H. 6.10 because Dominae is generally as men Domini so women after 14. yeares of age called Dominae Ladies or Dames and which were antiently navigeable women were called Dominae and by our English Poets Dames First Dominae is often for women generally as speciall Honour for that sex not being

office hee then doth lose his gentry also 26. H. 6. Estopell 47. Note Esquire or Gentleman are but additions to satisfie the said Statute But names of dignity are parcell of the name vide Bro additions 58.21 E. 4.71 b. and therefore if a precipe quod reddat bee brought against A.B. yeoman and Recovery is had whereas the Tennant was a Gentleman yet the Recovery is good The same Law where a Release is made to A. B. yeoman who is a Gentleman and where addition is given by the Party where it needeth not by the law being no dignity it is void so if a deed be made to a Gentle man by the name of a yeoman For there is a great difference betweene deeds and writs Cooks 6. part a. If an Esquire be to be arraigned of high treason he may and ought to be tryed Per probos legales homines that may dispend 40. s. per An. of free-hold or be a 100. l. in value in goods and so the Statute that doth speake of men of his condition hath alwayes beene put in ure Dyer 99. b. The King may make an Esquire by Patent in these words viz. creamus to Armegerum c. Note Mr. Selden his Preface to his titles of honour 5. b and 313. By the Statute of 21. H. 8. cap. 13. It is amongst other things enacted That the brethren and sonnes borne in wed-locke of every Knight being spirituall men may every of them purchase lycense and dispensation and receive take and keepe two parsonages or benefices with cure of soules The sonne or sonnes of any Knight is priviledged to keep a Grey hound or setting doge or nets to take Peasants or Patridges in though he cannot dispend x. i in his own right or in his wives right of an estate of inheritance or of the value of 30. l. of estate for life 1. Jac. cap. 17. The Definition of Gentry or civill Nobility GEnerous seemeth to be made of two words the one French Gentile honestus vel honesto natus the other Saxon mon as if you would say a man well borne and under this name are all comprised that are above yeoman so that Nobles are truly called Gentlemen by the course and custome of England Nobility is either Major or Minor Major containes all titles and degrees from Knights upwards Minor from all Barons downewards Gentlemen have their beginning either of blood as that they are borne of worshipfull Parents or that they had expedited something worthy in peace or warre whereby they deserve to have armes and to be accounted Gentlemen But in these dayes he is a Gentleman who is so commonly taken and reputed Doctor Ridley 96. And whosoever studieth in the Vniversities who professeth the liberall sciences and to be short who can live idly and without manuall labour and will beare the Port charge and countenance of a Gentleman he shall bee called Master For that is the title that men give to Esquires and other Gentlemen For true it is with us as one said Tanti eris aliis quanti tibi sueris and if need be a King of Heralds shall give him for money armes newly made and invented with the Creast and all the title whereof shall pretend to have hin found by the said Herauld in the perusing and viewing of old Registers where his ancestors in time past had beene recorded to beare the same or if he will doe it more truly and of better faith hee will write that for the merits of and certaine qualities that he doth see in him and for sundry noble acts which he hath performed hee by the authority which he hath as King of Heralds in his Province and of armes giveth unto him and his heires these and these heroicall bearings in arms vide Smith de Republic Anglorum But some men of Iudgement make doubt and question whether this manner of making Gentlemen is to be allowed or no and it may seeme that it is not amisse For first the Province looseth nothing by it as hee should doe if hee were in France Reade Fortescue fol. 82. For the Yeoman or Husbandman is no more subject to toyle or tax in England then Gentlemen nay in every payment to the King the Gentleman is more charged which he beareth the more gladlier and dare not gainesay to save and keepe his honour and reputation in any shew or muster or other particular charge of the Towne where he is he must open his purse wider and augment his proportion above others or else he doth diminish his honour and reputation as for their outward shew a Gentleman if he will bee accounted he must goe like a Gentleman And if he be called to the warres hee must and will whatsoever it cost him array himselfe and arme his body according to the vocation that he pretendeth hee must also shew a more manlike courage and tokens of better education higher stomacke and bountifuller liberality then others and keepe about him idle servants who shall doe nothing but waite upon him so that no man hath hurt by it but himself who hereby perchance will beare a bigger sayle then he is wel able to maintain For as touching the policy and government of the Common-wealth it is not those that have to doe with it which will magnifie themselves and goe in higher Buskins then their estate but they who are to be appointed are persons tryed and well knowne In 25. Eliz. the case was that whereas it is required by the Statutes of 1. H. 5. cap. 5. That in every writ originall c in which an exigent shall be awarded that additions should bee given unto the Defendant of their estate and degree c. and the case was that one was a yeoman by his birth and yet commonly called and reputed a Gentleman and yet it was adjudged that a writ may bee brought against him with the addition of Gentleman For so much as the intention of the act is to have such a name given by which hee may be knowne this is sufficient to satisfie the law and the act of Parliament For nomen dicitur a nostendo quia natitiam facit Cook 6. part 65. and 67. a. But if a Gentleman bee sued by addition of Husbandman he may say hee is a Gentleman and demand Iudgement of the Writ without saying and not husbandman For a Gentleman may be a husbandman but hee shall be sued by his addition most worthy An. 14. H. 6. b. 16. For a Gentleman of what estate soever hee be although hee goe to plough and by common Law though he have nothing in his purse yet is a Gentleman and shall not be named in legall proceedings 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. be 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