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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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make alienation without licence 50. E. 3 c. 10. he is onely to make a fine by the Statute For authoritie Glanvill saith Mag. Char. cap 31. Glanv l. 7. cap. 1. Notandum est quod nec Episcopus nec Abbas quia corum Baroniae sunt de Eleemosina Regis non possunt de Dominicis suis aliquam partem dare ad remanenciam sine assensu consensu Domini Regis In 20. E. 3. certaine land being parcell of the Baronie of Brenbur was aliened by W. de Bruce 20. Ass 1 8 20 E. 3. Ass 122. 224. the Baron thereof without licence and in the argument of a Case concerning the same Greene said that parcell of a Baronie c. held in chiefe cannot bee aliened without his Licence Againe 46. E. 3. it was found by Office that W. Bishop of Chester had Leased for life to Io. Peston a Mannor 46. E. 3. Forf 18. parcell of the Baronie without Licence and resolved that it was forfeited but by mediation of the said Counsell the Bishop submitted and made a fine and severall Scire faec issued against the perceptors of the profits to answer the King Distinct 2. Thus much of Alienation without Licence But of the other part if a Baron by tenure doth aliene by Licence wee must distinguish for it is either made for the continuance of his Barony c. or else for some other consideration That if any such Alienation be made for the continuance of the Barony in the name then have the issue male with the Castle c. retained the Dignitie of a Baron and hereof have the Heires generall or next Heires females beene excluded And for proofe of this assertion many antient Presidents may be produced seeing they have happened almost in every age for three hundred yeares space of which some certaine doe ensue Barony of Grooby in Com. Leycest Willielm dr Ferariis Co. Derbie obiit anno 38. H. 3 Margaret Com. Derb Domina deGrooby Robeitus de Ferariis Comes de Derbie VVil De Ferariis Dom De Grooby ex Do. Mris Iohannes de Ferariis Dominus de Cartley VVill. de Ferariis Do. Minus de Grooby It appeareth by an Office found after the death of William de Ferarijs Lord of Grooby 23 H. 6. that Margaret Lady of Grooby gave to William Ferarijs her second sonne in taile the Mannor of Grooby by vertue whereof hee and his Heires wee Barons of Grooby The Barony of Kelp●cke Com Hereof Temp. E. 1. VVillelm Baro de Kelpecke Rob. VVallero Baro de Kel obit si neprod●● F. 1 Alicca Nuptal Laynec VVilielmus VValleion A●anus ● Laynet Baro de Kelp ra io Don. Robertus VValleron Prox Hae-res Robertus Walleron Baron of Kelpecke died 1. E. 1. without heire of his body and Robert Sonne of William Brother of the said Robert was his next Heire yet he gave to Allen Playnell the Lordship of Kelpecke c. in taile by force whereof he was Baron and summoned to the Parliament and he died Anno 27. E. 1. The Barony of Plankenoy in Com. Lincolne Temp. E. 2. Iohn Dreyn court tam D●e●n court Ba●on of Bla●knoy obiit ●o E. 2 VV. Dreyne ba. of Blank ●ntayled o-biit 38. E. 3 Iohn Dreyn-court Edmond Dreyncourt VVillielm Dreyncourt obiit ante ●atrem Isabell his next heire VVilliam Dreyncourt baron of Blanknoy The King to all Pat. Anno 10 E. 2. part 2. num 13. c. greeting Know yee that whereas lately our welbeloved Edm. Dreincourt considered that both his sirname and also his Armes after his death in the person of Isabel Dreincourt should bee quite blotted out of memory most earnestly desired c. To whose request in consideration of service to our Father and our selfe by our Letters Patents do grant so much as in us lyeth to the said Edm. to dispose to whom hee pleaseth By vertue whereof he gave them to William sonne of John Dreincourt in taile Esch 22. E. 3. S●m Parl. 7. E. 3. Claus dors part 25. the said Edm. died ult Ed 2. tempore E. 3. William was summoned to the Parliament by vertue of that gift till his death which was Anno 38. E. 3. The Barony of Holgate Com. Salop. Philip Barnell baron of Holgate Edward Barnell baron of Holgate Iohn Lovell ●he first Husband Maude Barnell heire to her brother Iohn Hand-lowe the scond hus-band Iohn Lord Lovell Nicholas Handlowe Baron of Holgate Iohn Lord Lovell Hugh Handlowe alias Bunnell Baron of Holgate Iocosa Vxor Tho●nae Ed-dington Margery uxor Ed-wardi Hungerford Paterina ux-or Iohannis Talbot It appeareth by divers officers in the time of Ed. the third that Iohn Handlowe in the right of Maude his wife was seized of the Mannor of Holgate Acton Burnell c. for life the remainder to Nic. Handlowe alias Burnell sonne of the said Maude and Iohn by a fine in Court And that Iohn Lovell was next heire of the said Maude and her first borne sonne by her first Husband And afterwards the said Nicholas was summoned among the Barons of this Realme to the Parliament by reason of the fine aforesaid And not the said Iohn Lovell that was next heire Thomas de Beauchampe Esch Anno 43. Ed 3. the elder Earle of WarWicke by a fine levyed 18. E. 3. intayled the Mannor and Castle of Warw. with divers other possessions to himselfe for terme of his life the Remainder thereof to Guy his eldest sonne and to the heires males of his body issuing and for want of such Heires the Remainder to come to Tho. Beauchampe brother to the aforesaid Guy and to the Heires males of his body c. And after the said Guy died without Heires males of his body leaving two Daughters and Heires living Afterward the said Earle died and the said Thom. the sonne entered into the Castle and Mannor aforesaid with other the premisses and was E. of Warw. by reason of the intaile aforesaid notwithstanding that Katherine Daughter of Guy next heire to the said Tho. the elder was living thirty yeeres after his death Richard Earle of Arundell by a fine levied 21. Ed. 3. intayled the Castle towne Esch Anno 9. H. 5. c. of Arund to him and the Heires males of the body of Elinor his wife by vertue whereof Iohn Matravers was E. of Arun. after the death of Tho. the Earle who died without issue male although his Sisters possessed divers lands whereof he died seized in fee. Thomas the elder Lord Barkeley Esch 5. H. 5. was seized in Fee of the Castle of Barkely and mannor c. And by a fine levied in 23. E. 3. he intayled the said Castle c. to himselfe for life the Remainder to Maurice his sonne in taile with other Remainder as before which said Maurice had issue Tho. Lord Barkley and Sir Iohn which Iohn died in the life of his Brother leaving James his Sonne and heire living after the said Tho. died 5. H. 5.