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 Kelpâ—cke Com Hereof Temp. E. 1. VVillelm Baro de Kelpecke Rob. VVallero Baro de Kel obit si neprodâ—â— F. 1 Alicca Nuptal Laynec VVilielmus VValleion Aâ—anus â— 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 Dâ—eâ—n court Baâ—on of Blaâ—knoy obiit â—o E. 2 VV. Dreyne ba. of Blank â—ntayled o-biit 38. E. 3 Iohn Dreyn-court Edmond Dreyncourt VVillielm Dreyncourt obiit ante â—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. Sâ—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 â—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 Thoâ—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.
the said Milliscent were allotted the Castle of Totnes in Devon c. Eyton in the County of Bedford and Farringworth c. with divers other lands The said Iohn came to full age the first Iohn Hastings Baton of Aberg 11. E. 1. and did his homage and had his Livery as appeareth by Record but by the same Record appeareth that the Barony of Hastings was never redeemed according to the Edict Kellenworth but granted to Peter de Sabandia Claus 11. E. 1. Mem. 6. as aforesaid This Iohn did lawfully beare the Title of Lord Abergavenny by this partition The said John being one of the Competitors for the Crowne of Scotland with the rest submitted himselfe 19. E. 1. to the determination of the said King as Supreame Lord of Scotland which Commission was framed in these words A tout crus In magno Rot. ScaÌ„r c. Florence Comit. de Holland Robert de Bruse seigneur de Vasdaum Io. Balioll Seigneur de Badenaw Patrick de Dumbar Comite de la March Ia. de Vascye pur son pier Nich de Seules Gulielm de Rosse Salus en dieu cum nous entendomus daver droit en Roylme de Escoce cel duel jure chalenger avouer devant ceoque pluis de pouer jurisdiction reason eist de trier nostre droit Et le noble Prince Seig. Edward c. nous syant enforme per bo sufficient reasonque a luy come aver droit Soveraigne SuÌ„r seÌ„ du dit Roylme de Escoce la Conusance d'oyer trier determin nostre droit nous ne nostre volunt sans nul maner de force ou distresse de droit devant luy come Soveraigne SuÌ„r de la terre c. l'an de grace 1291. There was another like writing whereby these competitors doe yeeld some of the Kingdome of Scotland unto the said E. 1. untill he should determine the controversie After the sentence given by E. 1. for John Balioll who afterwards adhered to the French against England Whereupon Ed. 1. prosecuting war against Scotland the Pope intermedling a Parliament was proclaimed to be held at Lincolne 29. E. 1. where it wass agreed that the King should write to the Pope touching his right to that Crowne and the wrong offered him And that the Nobility should write that they neither could nor ought to suffer Nota that the King of England should referre the same to the Popes sentence they subscribing their names and titles of Honour among which was the said Iohn Hastings name in this manner Iohannes Dominus de Aburgavenny In 16. E. 1. the King purposing to go to France Ex Rot. mal 17. E 1. in dors charged the Lords Marchers of Wales to be resident upon their Baronies fearing the invasion of the Welch and Anno 17. in the Rebellion of Rise ap Meredocke the King being in France directeth his Writ unto the said Marchers under the Test Edmundi fratris sui And among other the Barons there named as Ed. de Mortimer Roger Mortimer Pet. Corbet Roger le Strange Fulk Fitzwarren Galfrid de Canmyl William Mortimer Guy de Brian Iohn de Hastings Ra. de Tony William de Bruse Iohn Tregouse Bogok Nevill Ric. Fiz-Allen Io. Fitz-Reginald and all Barons Marchers Againe 20. E. 1. When therer was a great quarrell between Gilbert de Clare 20. E. 1.14 in recept Scacar Earle of Gloucester and Hereford and Humfrey de Bohum late E. of Hereford and Essex whereupon murders c. had beene committed in their lands in Brecnocke A Commission was awarded to the Bishop of Ely William de Valence the Kings vncle Io. de Mettingham one of the Iudges and unto Robert de Hereford to heare and determine the same In which Commission the said Iohn Hastings was one In which the Commissioners would have had the said Barons to have beene sworne to make presentment thereof which they refused standing upon their priviledge and therfore the Enquest was impannelled of others P. 23. E. 1. The said Iohn was summoned ot the Parliament Som. Parliamen Anno 24. E. 1. Som. Parl. a. 35. E. 1. which was to be holden the Sunday next after the feast of St. Martin as also to a Parliament at Carlile 35. E. 1. It will be objected that Iohn his father was summoned in 49. H. 3. and therfore in regard thereof and not in respect of this Barony was this Iohn summoned It is true that Henry Hastings was summoned it 49. H 3. he was Captaine of the Caste of Killingworth Respon and held it against the King and beheaded the Kings Messenger sent unto him for the which fact was the said imprisonment before spoken of Ed. Kenel act 34. Cron. Holens And the Barony of Hastings descended not to the said John Therfore in the letters to the Pope and in his claime to Scotland he writeth himselfe Iohannes Hastings c. and not Dominus Hastings which if that title had belonged to him he had expressed it Object 2 That he used the Title of Dominus Abergav as Dominus Proprietarius and not as Dominus Honorarius The same may be said of the other Competitor and the Letters to the Pope which were ridiculous In the Summons 23. E. 1. â—e is named Io. Hastings Mil. and not Iohannes Dominus Hastings therefore Respon c. Object 3 They used not then to expresse the place except for distinction Now to the Descent THis Iolin died Continuance of the descent 6. E. 2. having issue Iohn who died 18 E. 2. And in the Diem eligit extremum he is stiled Johannes Hastings Dominus de Abergav and Earle of Pembrooke tempore E. 3. he died 12. E. 3. having issue Iohn his Heire Ex bundel Esc 18. E. 2. Earle of Pembrooke and Lord of Abergav who died 49. E. 3. having issue Iohn Earle of Pembrooke c. who died by reason of a wound received at a Just at Woodstocke about 13. R. 2. he was the last of that name Baron of Aburgavenny The Family of Beauchampe Lord Aburgavenny AFter the death of the said Iohn Peauchamp Lord of Aberg Reginald Gray Lord Richyn Sonne of Elizabeth Sister of the said Iohn the great Grandfather of him that last died claimed this Barony and thereof had Livery And thereupon grew a contention concerning the bearing of the Armes of Hastings without difference betweene the Lo. Gray of the whole blood and Sir Edward Hastings of the halfe blood which was adjudged for the Lord Gray in the Earle Marshalls Court A like contention was betweene the Lord Gray and William Beauchampe third sonne of Thomas the elder Earle of Warwicke who claimed this Barony against the said Lord Gray by vertue of an intaile from the said John the elder which proved and upon Composition the said Reginald 15. R. 2. levied a Fine to M. 15. R. 2 recordat Term. H. prox c. whereby he acknowledged the right of the said Castle to the use of the said William Beauchampe as by an old Msss remaining with the Earle of Kent may appeare Vid. the Earle of Kents booke as also by a partition of the said Lands FINIS
Likewise the said first rule touching the Nobilitie of Women married unto persons ignoable doth faile where they inherit those dignities For if a Dukedome Earldome or Barony descend unto any woman who taketh an ignoble man to husband that husband shall not debase the wife having such Dignities descended but rather he in her right shall beare the title of such dignities especially if he be intituled by the Courtesie Object 3 A third Object is this It is said that by the law of Chivalry exercised within the Realme if a Baron be created an Earle c. that the heire apparent of such Earle c. shall after such Creation of his Father beare the title of the Barony c. but this is not usuall by the course of the Common law therefore the descent of such Dignities not to be guided by the Common Law The common law doth not disallow any such usage Resolu for it being the custome of the Realme is the law of the Realme Howbeit the Common Law doth put a difference betweene such Heires apparent as carry those Titles lawfully in respect of the usage and such others as have them by Creation or otherwise for such Heire apparent is no Peere of the Realme as those by Creation or such as have the Earldome c upon descent after the death of his Auncestor and therefore as when the Lord Hen. Howard Earle of Surry Son Heire apparent to Thomas Duke of Norfolke An Earle by Nativity was attainted his Triall was by Iury of Knights and Gentlemen not by Barons c. for that hee was an Earle by Nativity which in respect of tryall the Law doth not allow The like tryal chanced to the Lord Gray who 33. H. 8. was in B. K. arraigned of treason and appointed to bee tried by a Jury of Knights and Gentlemen and not by Peeres Causa qua supra but he confessed the Indictment and the Jury were dismissed yet such shall hold precedency of place at Court and in the presence of their Soveraigne as is usuall in that behalfe Obje 4 It is objected fourthly that by the Common law a man may not bee called Lord of that he hath not But by the law of Chivalry a man may bee created Earle of a County having no land therein therefore differ Resol 1 It is true that some particulars of ordinary proceedings in the law doth differ from other proceedings concerning Chivalry and yet their difference is no other then as one hand doth differ from another both are hands and both of one body That part of the law which concemeth purporty doth not allow a man to bee called Lord of that wherein he is no way owner in demesne or seignory but when you draw the law to the consideration of dignity the whole resolution must rest upon the Patent of creation Earle pur autre vie 31. H 6.29 pur Danby wherein the name is appointed at the pleasure of the Soveraigne for one may be Earle during the life of another if the Creation be so But I answer further that it is not true that every Earle must be Earle of a place nor every Earle of a place Earle of a County nor that every Earle of a County hath nothing in that County whereby he is Earle For the better manifestation consider that originally within this Realme Earldome of Counties in the antient English Saxon Governours were not onely dignities of honour but also offices of Justice Vea leg Edgar regis de Consil Lamb. 80. n. 5. for that they did further the administration of Justice in the County whereof they were Earles or Aldermen they likewise had their Deputies under them the Sheriffe an Officer yet containing the name of his substitution in Latine Vicecomes Camden 107. These Earles in recompence of their travailes received a Salary name by the third penny of the profits of the said County which continued long after the Conquest and was inserted as a princely benevolence in the Patent of Creation as by divers antient Charters may appeare which afterward were turned into Pensions H 3. dedit Haberâ—o de burgo 40 pro 3. deno Com. Cant. de quoeund creavit comit habeÌ„d sibi haered de corpore Marger uaeor Alexand. reg Scotiae 13. H 3. in turr Lond. 33 H. 6.29.6 H. 8. Dy. 2. for the better maintenace of that honour and as appeareth by a booke case upon the pleading of the Patent whereby H. 6. Created that worthy Knight Sir John Talbot Earle of Shrewsbury which Pension is so annexed unto their Dignitie as that by any meanes of alienation it cannot be severed and therefore in respect of such Pensions which were the third part of the profits of the County or other summe in lieu thereof some have not without probabilitie imagined Quod Comites nominabant capiend fisco Regis socij Comites fido participes essent Lamberd c. Of the single Ear. and not Palentine with Engl there have beene principally two kinds but every one of them againe subdivided into severall branches for either they take their names of a place or hold their Title without any place Those that take their names of a place are of two kinds for either the same place is a County which is most usuall or else some other place and no County as a Towne Castle or honour c. of which later sort some are more antient having their originall even from the Conquest or shortly after as the Earledome of Richmond in Yorkshire Clarence in Suff. Arundell in Essex all which had their originall in the time of the Conquerours by donation of those Castles c. The Earledomes of Bath temp H. 7. H. 8. erected in the family where now it remaineth and the Earledome of Bridgewater whereof Sir Giles Dawbeney was Created Earle temp H. 7. Earledomes which have their titles without any place are likewise of two kinds either in respect of office as is the Earle Marshall for it is granted in this or the like manner Officium Comit. Marescal ' Angl ' with further words vizt A.B. c. Comit. Marescallum Angl. creamus ordinamus c. by which it appeares that the very office is an Earledome Earle by birth The second sort are Earles by birth and so are all the Sons of the Kings of England if they have none other dignitie bestowed upon them and therefore it is said that John afterwards King of England in the life-time of his Father H. 2. was called Counte sans terre before he was affied unto Alice the Daughter of the Earle of Morton in France Object 5 A fifth Object is this The law of Chivalry proceedeth not in the accomplishment of a combate in such manner as is performed by the course of the Common law either in the Writ of right by Champion or in the Appeale by person therefore the managing of the causes in Chivalry is not in the common law especially 37. H.
Honour given in respect of wisdome and vertue of him on whom it was first bestowed is not onely a due reverence of him c. while he liveth but also a memorable reward thereof to his posteritie see Tully Cicero pro Sextio Therefore this kind of honour is patrimoniall If infamy of the ancestor be a blot to posteritie as for it the law doth corrupt the blood for the offence of the Ancestor Reason would that the honour due to the Ancestor should be likewise Honour to the posteritie for Contraries doe carrie their contrary in reason For determination whereof it is to be noted that diversitie of reason hath bred diversitie of opinions Some thinke it is not descendable vnlesse the Heire be likewise called by Writ and that then its an inheritance but this is repugnant to the nature of a descent which commonly carieth the patrimony descendable by act in law vpon the death of the ancestors to the heire or not at all Wherefore divers presidents prove that this doth descend and there needs not any word of heire in the Writ of Summons onely there is a speech of a speciall Writ sometimes directed to Sir Henry Bromflet Teste Rege apud West 24 Iun. 27. H 6. when he was called Lo. Vescy by H. 8. in 27. yeere of his raigne wherein there are these words inserted Volumus tamen vos haeredes vestros masculos de corpore vestro legitime exeuntes Barones de Vescye Wherfore it is ever true that the heire of such a Baron when he is called to the Parliament that his descent of honour is thereby established and approved by the gratious Iudgment of our Soveraigne so it is also true that if it shall stand with her highnesse pleasure that such heire shall not be summoned at all for none come to so high a Councell except he be called then that Nobilitie is much impaired and in manner extinguished in the censure of all men for that it had no other originall but by writ of Summons for the which in the Judgement of the supreme Soveraigne he is secluded And thus much as concerning the first Article or point touching the descent in generall of this kind of Baronie As for the second principall Point The second point whether the Barony by Writ may descend to the heire Male it shall not be amisse likewise to view the reasons of each part that by the conflict of Argument the truth may the better be discerned Those which doe maintaine the affirmative part doe reason after this manner Ratio 1. On the affirmative part In reason the sexe of the Heire female ought no more to barre her of the dignitie then the nonage of the Heire male ought to barre him although during his nonage hee be not able to doe the service But as the service of the one is forbearing for the time So the sexe of the other may at all times be supplyed by the maturitie and sufficiencie of her husband Ratio 2. Offices of Honour which doe much import the publike weale being possessed by inheritance to descend to the heire female if there bee no Neeces heire male as the office of high Constable of England which descended unto the Daughter of Humfrey de Bohun Earle of Hereford and Essex as afore declared the office of Lord Steward descended unto Blanch Daughter of Henry Earle of Lancaster in whose right Iohn of Gaunt her Husband enjoyed the same The like may be said of the Office of Earle Marshall which descended by an Heire female unto the house of Norfolke All which Offices are as unfit to be exercised by a woman as it is unfit for a woman to bee summoned to the Parliament as a Baron by Writ And yet notwithstanding the Law doth allow the Husband of such a woman to exercise the Office of the one And therefore by the same congruitie of reason such Husband is likewise by law inabled to performe the other Ratio 3. Many Noble houses in England doe support and lawfully beare the Dignitie of Baronage unto them descended by women Renatus Cap nus de dom cap. H. 7. 8. of the which many are by Writ Moreover in France the dignitie to be a Peere of the Realme as Opimus by many examples proveth descendeth to the heire female for want of heire male The dignitie of Nobilitie descendeth likewise in Spaine vnto the female for want of Heire male which custome not being onely currant in our neighbour countries but with vs in an evident proofe in the case in question Ratio 1. on the Negat The adverse part object that the writ of summons c. by which the Baron hath his originall is to call him to be one of the members of that right high assemby of Parliament there to determine life and member plea and right of land c. but these things are convenient onely for the qualitie of men not to the other sexe Ergo it not to descend to the heire female Ratio 2. If it be answered that such heire female be unfit in her owne person yet may she marry one fufficiently able to excecute the same this answer will neither satisfie nor salve the inconvenience for admit she were at age at the death of her Ancestors vnmarried being in her owne choice the great causes of the Realme should be subject to her will in the choise of her Husband which were inconvenient Ratio 3 Thirdly if such husband bee summoned the writ should make meantion thereof for otherwise it may be taken that he was chosen in his owne person and not in her right but such a Summons wherein the wife was mentioned was never seene and if by a generall writ without mentioning his wife hee is thereby made Baron in his owne right Obser 1 Having heard the arguments on both sides place doth now require that we should interpose opinion to compound this controversie This question is somewhat perplexed by different Presidents for some Presidents prove that Baronies by Writ have descended to Heires females whose Husbands have beene called to the Parliament whether in their owne or Wives right it matters not but sure it is that such Marriage gave occasion to the Summons and such Husbands and their posterities beare the dignitie of the wives Ancestors for by this controversie wee purpose not to question the right of such Noble houses Obser 2 Secondly wee must acknowledge that the Qu. is to summon to the Parliament whom she please and therefore whereas Rodulph Lord Cromell being a Baron by Writ died having two Coheires Barony of Cromwell Eliz. married to Sir Thomas Nevill and Ioan the younger to Sir Humfrey Bourchier the said Sir Humphrey was called to the Parliament as Lord Cromwell and not Sir Thomas Nevill who had married the eldest Sister Obser 3 That if a Baron by Writ die his Daughter Sister or other collaterall Heire female being his Heire and that no collaterall Heire
male can challenge the said Barony by any antient intayle or otherwise such claim by the Heire female hath heretofore beene allowed by the late right Honourable Commissioners in the office of the Early Marshall signified to the Queen as upon the Petition of the Sister and Heire of Gregory late Lord Dacres deceased may appeare In whose Pedegree it appeares that Thomas Lord Dacres Barony of Dacres had issue Thomas his eldest Sonne Ralph his second and Humphrey his third Thomas died in the life of his Father having issue Jone his Daughter and heire married to Sir Richard Fines after Tho. the Grandfather died wherevpon H. 6. by Patent 7. Novemb. Anno 37. declares the said Richard Fines to be Lo. Dacres but tempore E. 4. the said Humf. Dacres after the Attainder of the said Ralph himselfe by Parliament 1 E. 4 and after of the said Ralph and reversall of the said act in 12. E. 4. the said Humf. challenged the Baronie whereupon after it was controverted in Parliament they submitted themselves to the arbitrement of E. 4. for performance whereof they entered bond whereupon the King awarded vnder the privy Seale Award by King E. 4. 8. Aprill Anno 13. that the said Richard Fines should be reputed Lo. Dacres and that he and his Heires of the body of the said Richard should retaine the said place in Parliament which the said Tho. Lo. Dacres used And that the heires of the body of the said Tho. should enjoy the Mannor of Holbeck And that the said Humf. Dacres should be reputed named and called the Lo. Dacres of Gillesland And that hee c. should keepe the place in Parliament next beneath the said Richard Fines c. And that the heires of the said Tho. Dacres should have the Mannor of Fethington c. in Taile Nota. And so note that Gillestand the antient Barony remained to the heire male Obser 4 Observe also that if any Baron doe die without issue male and that by some speciall intaise c. by which an heire female enjoyeth the inheritance of the said Baron such heires females have beene called to the Parliament and not the husband or issue male of of such heire female and this appeareth by a notable controversie Tempore H. 7. between Sir Robert Willoughbie Lo. Brooke and Richard Nevill Lo. Latimer Barony of Latimer for the Barony of Latimer which in effect was The said Lo. Brooke challenged the said Barony as cosen and heire of Eliz. his great grandmother who was sister and heire to Iohn Nevill Lo. Latimer who died without issue And herevpon exhibited a Petition to H. 7. in Parliament whereunto Richard then Lo. Latimer was called to answer who agreed the descent viz. that the said Eliz. was married vnto Sir Tho. Willoughbie second Sonne to the Lo. Willoughbie but H. 6. because the said Iohn died without issue and that the next heire was female did therefore call to the Parliament Sir George Nevill second sonne of Ralph Earle of Westmerland to be Lo. Latimer which George was grandfather of the said Richard namely Father of Hen. father to the said Richard in debate of which cause our Question viz. whether a Barony by Writ may descend vnto heires females was debated and in the end adjudged with the said Rich. which Presidents doe afford vs 2. Iudgements in the point Object But here the former President of the Barony of Dacres may be objected to incounter this conclusion for whereas the heire female married to Sir Rich. Fines he was Baron of Dacres and Raynolph and Humf. the heires males placed below the said heire female by H. 6. and E. 4. Answ This Objection is easily answered for although H. 6. did declare him Lo. Dacres yet Rand. being heire male bare also the title of Lo. Dacres and by that name was attainted 1. E. 4 Wherefore the Reason why the heire male could not be regarded was the attainder Ratio and when this was reversed E. 4. to satisfie both competitors thus orderd it And thus much concerning the second point whether a Barony by writ may descend unto the heire female Concerning the third point admitting such descent to their female The third Article when no male can claime it for then doth this question take place whether her husband should enjoy that dignity in her right or no something hath beene said hereof in the last question But for satisfaction wee are to insist upon a resolution in the very point tempore H. 8. When Master Wimbish tooke upon him the stile of Lord Talbois jure uxoris having no issue by her The King assisted both by civill and temporall Lawyers gave sentence Resolution â—cmp H. 8. that no husband of a Baronesse should use her stile untill he had by her a child whereby he should be intitled by the curtesie to her inheritance Ratio 1 The speciall reasons that occasioned this sentence were 2. first the inconvenience that the husband should be a Peere of the Realme to day and to morrow by the death of his wife none and so honour subject to mutation without default of the partie Ratio 2 Secondly if he had issue if he should not beare the stile then should his Son after the death of his Mother dying in the life of his Father bee a Baron without land for it the Father hath by the curtesie but these questions take place where there is no Heire male at all And thus much concerning the nature qualitie and estate of the Baron by Writ and for resolution of the severall points and articles of the question proposed may suffice onely note the Case in 13. E. 3. where William de Clinton having married the Countesse of Huntington 13. E. 3. Briefe 259. they joyned in an Assise of Nusance for levying a Market c. Exception was taken because he did not name himselfe but it was over-ruled because having it Jure Vxoris by the Law he may not use the same title having no other title thereunto Now come we to Barons by Patent A Baron by Creation Barons by Patent is he or shee to whom the King hath conferred Baronies by his Letters Patents The usuall words are Considerantes itaque generis claritat vel grata obsequia quae A.B. Mil. nobis praestiterit c. Sciatis nos c. praefat A.B. adstatum gradum dignitat honor Baronis te ereximus praefecerimus creavimus eidemque A.B. nomen c. Baronis de T. imposuimus c. Ac per patentes damus c. habend praefat A.B. Haer. c. This kind of Dignitie shall bee of such continuance as shall be limited in the Habend sometimes for life sometimes pur auter vie as some hold opinion in 32. H. 6. 32. H. 6.296 It may bee in the speciall or in the generall And this kind of Patent was usuall before the Statute of 2. as it apeareth by the Patent Pat. 13 H. 3. in turre