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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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p. 2. whereby Hugh de Burga was made Earle of Kent in the time of H. 3. which was Habend sibi haered suis de corpore Margaret uxoris suae sororis Alexandri Regis Scociae procreat pro defectu talis exitus reman Ricīs haered dicti Hugonis c. The manner of the Solemnitie used in the Creation of Barons by Patent The forme of Creation of a Baron is much after this forme The Baron newly to be Created is presented unto the Queenes Majestie sitting in her Chaire of state After this order he is apparelled In his Surcote with the hood a Baron bearing the mantle before him and two Barons in their Parliament robes on each hand one leading him The principall King at Armes bearing the Patent and the Officers at armes proceeding on before him when they come in presence of her Majestie they make their solemne obeysance three times And the Baron to be Created kneeleth downe before the Chaire of Estate the said King at Armes delivereth the Patent of Creation to the Lord Chamberlaine who humbly presents the same to her Majestie who delivereth the same to the principall Secretary to bee read who reading the same with a loud voyce at the word Creavimus the Baron which carrieth the Mantle presenteth the same to her Majestie who puts it on the new Baron whereby he is Created and then is the Patent read out to the end and delivered to the Queene who delivereth it to the Baron so Created who after most humble thankes given to her Majesty hee riseth up and they depart in like solemne order as they came with the Trumpets sounding before them The particular more full knowledge of these Solemnities I doe referre to the Colledge and Corporation of Heraulds to whom the knowledge of these things doth most specially appertaine For the better explanation of this kind of Dignitie the resolution also of certaine questions shall bee very requisite Quest 1 First if a Nobleman and his Progenitors have for a long time beene called to the Parliament and he a Baron either by tenure or by Writ And have had in regard thereof a place certaine in Parliament if afterwards the same Noble man shall be created a Baron of that Barony and by the same name by Letters Patents whether shall he and his heires retaine his old place in Parliament which he had according to the former dignitie or whether shall he lose his old place and take a new place according to the time of his creation onely The case of the Lord De la Ware received a resolution some what answerable to this Question De laware 11. Rep. Looke fol 1. E. 3 6. The Lord De la Ware 3. E. 6. being in sore displeasure which William West his Nephew and heire who was father to Tho. now Lord De la Ware procured an act of Parliament by the which the said William West was during his naturall life onely cleerely disabled to claime demand or have any manner of right Title or interest by descent remainder or otherwise in or to the Mannors Lands tenents or hereditaments title or dignitie of Tho. Lo. de la Ware his vncle And after the said Tho. Lo. De la Ware died and the said William West in the time of Qu. Mary was attainted of treason by verdict 2. 3 Ph. Mary 5. Eliz. and afterwards pardoned by Q. Mary and after by Parliament in the time of the O. Marestie that now is And after in 8. Eliz. was created Lo. De la Ware by Patent and had place in the Parliament according to his creation For that by the said act of Parliament in the time of E. 6. hee was excluded to challenge the sormer auntient Barony and after died whether the now Lo. De la Ware should take his place according to the Baron by Writ or according to his creation was the question The opinions of the Qu. Councell being her Maiesties Attorny generall and Solliciter were that the acceptance of the new creation by the said William West could not extinguish the antient dignity for he had not that antient Dignitie in him at the time of his Creation but that Dignitie was at the time of his Creation by the Act of E. 6. in abbeyance suspence or consideration of law and he thereby utterly dis-inabled to have the same during his life onely so as his acceptance could not extinguish that dignitie which he then had not nor could conclude his heire who was not disabled by the said act of 3. E. 6. to claime the antient Barony which opinion of theirs was soone allowed by the resolutions of the Lo. cheife Iustice of Engl. and Lord cheife Baron and so signified to the Lord Keeper But this to be noted by the reasons made for the said resolution That if the said Sir William West had beene Baron and intitled Nota. or in possession of the antient dignitie when he accepted the creation the law perchance might have beene otherwise but that remaineth as yet unresolved Quest 2 Secondly it may be questioned whether a Baron called by Patent ought to be named by the name of his dignitie in every Writ to be sued by him or against him The bookes of law doe make difference herein betweene Duke Marquesse 8. H. 6.10 30 H. 8.30 Earle Viscount c. which are allowed names of Dignitie and the Baron for they affirme that such Baron needeth not to be named Lord or Baron by his Writ but the Duke Marquesse Earle or Viscount ought to be named by their Names or Dignities Neverthelesse I doe take these bookes to be understood of the Barony by tenure or Barons by Writ onely for the title of a Baron by Patent in his Letters Patents under Seale adorned and named by the name of Status gradus dignitas and therefore is requisite to be named and such dignities are a parcell of the name of the possessor as well as the Title and Stile of Duke Marquesse Earle Viscount c. And although there may be conceived this difference last mentioned betweene the Baron by tenure or Writ and the Baron by Patent yet they being all members of the higher house of the Parliament they are thereby equally made Noble Honourable and Peeres of the Realme as they are Barons onely without any other distinction that I have observed And thus much concerning the three degrees of Barons within this Realme may suffice to be said in generall upon this occasion for the better understanding and resolution of the controversie in hand The priviledge of Barons There resteth last of all in this Treatise of Baronage that I would expresse some certaine of the sundry priviledges that the Lawes doe allow unto Barons and the Nobilitie of the Realm ingenerall in regard of that favour which all good policy in every wel-governed Common-wealth doth bestow and yeeld to the Noble and Honourable wherein I shall content my selfe onely with certaine of those