leaving Elizabeth his daughter and heire married to Richard Earle of Warw. after whose death James the Nephew entered into the said Castle Som Parliament 9 H. 5. Esch 5. H. 6. c. and was summoned to the Parliament as Lord Barkley Tho. Lo. de la Ware died seized in taile by reason of a fine levied in the time of his Ancestors of the Baronie de la Ware with divers other lands in other Counties and died 5. H. 6 without issue And Reginald West Knight of the halfe blood was next Heire Som. Parliament An 7. H. 6 by reason of the intaile And was summoned to the Parliament by the name of Regin Lo. de la Ware Knight although Iohn Griffeth was heire of the whole blood Iohn de Vere Esch 9. H 6 20. H. 6. E. of Oxford seized in his demesne as of fee taile to him and to the Heires males of his body issuing of the Honour and County of Oxford with divers other lands Ao. 18. H. 8. died without Heires of his body and his three sisters viz. Elizab. Vrsula and Dorothy were his next heire generall but Iohn De Vere next heire male was E. of Oxford by reason of the said intaile and none of the said three Heires obtained the dignitie William Lord Paget of Bewdsert Esch Anno 11. Eliz. was seized in fee of the Baronies of Longden and Haywood and of and in the Mannors of Bewdsert Longden c. and being so seized by fine 1. Mar. intayled the Mannours and Baronies aforesaid to him and the Heires males of his body issuing and after anno 5. Eliz. died leaving Hen. his Son next heire male which Hen. entred into the Baronies and lands aforesaid by vertue of the aforesaid fine and died thereof seized 11. Eliz. leaving Elizabeth his onely Daughter and heire after whose death Tho. Paget brother and heire male of the said Hen. entred into the Baronies and Mannors aforesaid and was summoned to the Parliament by vertue of the aforesaid fine Robert le Ogle intayled the Mannors of Bothall and Ogle Esch 6. Eliz. with divers other Mannors c. Com. Northumb. to himselfe for life the Remainder to the Heires males of his body and tooke to his first wife Dorothy Witherington by whom he had issue Robert his eldest sonne and Margery his daughter married Gregory Ogle of Chippington and the said Rob. after the death of his first wife married Iohan Ratliffe Brother of the half blood by whom he had issue Cuthbert his second sonne and died after whose death Robt. the Sonne was Lord Ogle and from him to Cuthbert brother of the halfe blood by vertue of the intaile and not vnto Marg. nor Cuthbert her sonne of the whole blood Moreover thirdly 3. Conclusion if a Baron by tenure doth Aliene by Licence to a meere stranger upon consideration or c. if such Alience be nobly descended in such cases after such alienations such Alience hath borne the name and dignitie of a Baron in respect of such Barony so aliened And if he had no Dignity before hee in respect of that hath beene summoned to the Parliament and enjoyed the Barony hereof are Presidents extant Maude Esch 22. Ric. 2. Countesse of Angiers and Northumb. Heire of the Barony of Cockermouth after the death of Lucy her Brother who dyed without issue intailed the honour c. of Cocker-mouth to her selfe and to Henry Piercy Earle of Northumberland then her Husband and to the Heires males of their bodyes upon condition that that should beare the Armes of the said Earle which are Armes given Or a Lyon rampant 6. quartered with the Armes of Lucie viz. Gules 3. Lucies argent bearing the said Armes so often as they shall appeare and afterwards viz. 22. R. 2. died without issue Neverthelesse the said Earle and after him the said Hen. Percy his Son were Barons of the said Honour by the said assurance and Sir William Melton Knight Couzen and next Heire of the said Countesse never had the said Armes Amongst the Parents in the Tower Chart patent in 41. H 3. Anno 41. H. 3. it appearth that one Herward de Marisco and Rameta his wife did grant unto Simon de Mountfort then Earle of Leycester the Barony of Elinden in the County of Northampton which descended to the said Rameta from John de Vescount which Graunt seemeth to be with Licence for that the said King doth by his Patent confirme the same and further gave to the said Earle and his Heires divers priviledges there Also Exchange of a Barony this antient Charter following concerning the exchange of a Barony with the King is worthy memory which is K. Iohn ao. 7. granted unto Robert de Newbergh Fordington for the honour of Burstocke in exchange and granted that it should be the head and the chiefe of the Baronship as Burstock was aforetime and that all Knights and others should attend upon him and his lands in Fordington as chiefe of his Baronship as they aforetime were attendant upon Robert Burstock By these Presidents appeareth that Barony by tenure is annexa feodo So that the former questions are fully satisfied and answered viz. 1. That by alienation without Licence the Barony is ferfeited 2. The heires Males have enjoyed them and the Females excluded 3. That the Alience of such a Barony nobly descended is Baron But if such alienation with Licence be made to any person ignoble Nora 1. though the burden of the tenure doth remaine on him for the K. best advantage yet he may not take upon him the Dignitie without the Kings speciall favour upon his merit Upon consideration therefore of these assertions all the former objections are answered and as touching the first it is answered by that which is last specified that an ignoble Alience may challenge nothing as a Baron by tenure In 11. H. 4.2.6 in a Case concerning a Distresse it is agreed that a Baron 11. H. 4.2.6 c. are not contributary for such lands parcell of their Barony but for other lands they are but there is question made if one which is not Baron purchase a Barony whether hee shall be discharged which was not worthy the questioning if such a purchaser challenge by reason of his purchase place in Parliament For as land holden by villein service doth not make the owner a villein which doth purchase the same although by tenure he must doe villein service So land holden by Baron service doth not make the ignoble noble though the charge of such tenure lay upon him Yet if the King will give to any man ignoble in recompence of service any Castle c. to be holden per Baroniam hee is forthwith noble because hee draweth this Nobilitie from the fountaine without other Creation But a question by the way what yeerely revenue is sufficient for a Baron Qu. Diversitie of times hath brought forth divers determinations as touching the French constitution R.
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 buÌ„delle 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 conceâ—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
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
then sought to be infringed by the Pope and his Clergie Called the Assis of ClarindoÌ„ in old Writers it is thus expressed in the 11. Article Archiepiscopi Episcopi universa persona regni qui de rege ten ' in Cap. habeat possession suas de Rege sicut Baroniam inde respondeant Justiciarijs c. Regis faciant omnes consuet regias sicut caeteri Barones debeant interesse judicijs curiae Regis cum Baronibus quousque perveniatur ad diminutionem membrorum vel mortem 10. E. 4.6 De Rot. ParliameÌ„t 11. R. 2. an no 9 in turr London Here we see the presence of the Bishops in the Parliament in respect of their Baronies Quousque perveniatur ad diminutionem c. For ever unto our times when question is had of any attainder of any Peere in Parliament they depart the higher house and make their procurators for by the Decrees of the Church they may not be judges of life and death Of the Baronies of Bishops Lib 9. fol. 66. and of their homage for the same Thus writeth Glanvill who tempore R. 1. was chiefe Justice Episcopi vero consecrati homagium facere non solent Domino regi etiam de Baronijs suis sed fidelitat cum jurament interposit ipsi praestare solent Elect. vero in episcopos ante consecraetioneÌ„ suam homag sua facere solent Of these also Bracton saith St autem terra data fuit Ecclesiat Cathedral vel conventurae non jacebit assisa utrum quamvis in habitam c. Eleemosinam Of the which hee reciteth a Judgement P. 15. H. 3. which was given in a Writ of Errour upon a Judgement in Eire betweene the Prior of Lewes Gilb. de Aquila Bract lib 4. cap. 2.287 and he yeeldeth the reason thereof Againe Bract. lib. 5. cap. 23. fol. 4.27 he in another place searching out the reason why the certificate Excommunicat spiritualium any spirituall Judge other then the Archbishops and Bishops of this Realme is not by any Law to be admitted hee yeeldeth this reason so that none of those other spirituall Judges are compellable to admit the action as are the the Archbishops and Bishops Quia rex in episcopis coercionem habet propter Baroniam Meaning thereby that upon their contempt the King doth seaze their temporaltie Likewise about 46. E. 3. the Bishop of Chichester Leased for life a Mannor parcell of his Bâ—rony with licence of the King 46. E. 3. forf 8. this alienation was a forfeiture because parcell of his Barony Many more authorities might be cited out of Records and bookes of Law 13. E. 3. Chal. 115. enquest 43.29 E. 3.42 in regard whereof they have in antient time been named Peeres of the Realme and have enjoyed other the priviledges that Peeres doe the triall by Peeres onely in matters of Treason or misprision c. excepted wherof Stamford giveth the reason Non ratione Nobilitatis sed ratione officij 39. E. 3.30 31. E. 3.94 21. E. 4 77 27. H. 8. 27. H. 8. â—nqust 99. 2. Mar. 46. 35. H. 8. Triall 142. Stan. 1536. 1. H. 4.13 H 8 11. Another reason why Bishops are not tryed by Peeres as other Peeres because they cannot passe upon the life of any man being thereunto forbidden by c. and therefore the Peeres cannot trie them for that this kind of triall should be mutuall if the offence give occasion insomuch that their censure is upon their honour without oath c. The like of those Abbotts 21. E. 3.88 36. H. 6. 7. H. 6.108 7. H. 4.2 26. H. 8.7 21. E. 3. n. 50. Priors c. which held some part of their land per Bar. who were also called Peeres of the Realme therefore no Capias against them and therfore some of them that held not per Bar. being summoned to the Parliament upon their petition were discharged whereof there are some presidents extant The Abbot of Saint Iames neere Northâ—mpton in 12. E. 3. was summoned to the Parliament which was the same yeere holden at Yorke who because neither he nor his predecessors were summoned and because he held onely by Frankalm hee by his Procurator exhibited his petition to the Lord Chancellour a monument wherof I have seen in this maÌ„ner Abbas Sancti Iacobi North Irrotul de novo in Cancell dom Regis inter citand ad Parliamentum non tent per Baroniam nec de rege in Capite sed tantum in pura Out of the Register booke of St. Iames of Northampton c. Eleemosina nec ipe nec predecessor sui unquam in Cancellaria irrotulat fuerunt nec ad Parliamentum cita huc vsque unde idem Abbas petit remedium Ad cujus billam execut Dominus Cancellar cum suo Consilio de Cancell ordinavit quod nomen praedict Abbatis a registro Cancel deleretur ita pluribus circumspect idem Abbas est absolutus facta est haec excusatio per visum Domini Iohannis de Oth. Episcopi Elien Cancil domini regis domini Willielmi Dirmins tunc cust rotulorum al' A like Petition was made by the Abbot of Leicester unto K.E. 3. and thereupon obtained a Writ of discharge in this forme Ex. rot Patent 26. E. 3. pars 1. M. 22. in turri London Edwardus Dei gratia c. Salut supplicavit nobis dilect nobis in Christo Abbas de Leycest in Abbatia sua predict per Robert Fits Roberti de Mellent dudum Com. Leyc fundata fuisset in puraÌ„ eleemosinam advocat sibi preornat ad manus Domini Hen. quondam regiae Angl. proavi nostri per forisfacturam Simon de Monte forte tunc Com. Leyc proin ejusdem darent idemque Abbas alijque terras sive tenta de nobis per Baron sive aliâ— modo non tenuit per quod ad Parliamentum venireâ— teneatur nec aliquis predecessorum suorum ante 49 annum Domini proavi nostri part forisfacturam dicti Simonis quo anno omnes Abbat Priores regni nostri ad parliamentum proavi nostri tunc tenturum voluntarie summoniti fuerunt summonit extiterit velimus ipsum Abbat de hujusmodi adventu ad Parliamentum facere exonerari quia visis chartis confirm de terris tentis eidem Abbati dat concessis in Rot. Cancell nostri irrotulat compertum est quod dicta Abbat praedict Roberti Fitzs Robert Com. Leyc fundat erat in pura elemosina non invenimus quod praedict Abbaes aliquas terras de nobis tenuit per Baron c. nec quod predecessor sui adalia parliamenta progenitorum nostrorum ante praedict 49. Annum dicti proavi nostri aut post modum continue sed vicibus interpellatis summonit fuerint nolentes ipsum Abbat indebite sic vexari Concessimus pro nobis c. quod idem Abbas c. de veniendo ad Parliamentum c. quieti sint Ita semper quod dictus Abbas
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