The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

The Lord Aburgavennye's Case.

In the Parliament a Question was moved by the Lord of Northampton, Lord Privy-Seal, in the Upper-House; That one Edward Nevill, Father of Edward Nevill, Lord of Aburgavenny, which now is, in the 2 and 3 of Queen Mary, was called by Writ to Parliament, and died before the Parliament: If he was a Baron or no, and so ought to be named, was the Question. And it was

Resolved by the Lord Chancellor, the two chief Justi∣ces, chief Baron, and divers other Justices there pre∣sent, That the direction and delivery of the Writ did not make a Baron or Noble, untill he did come to the Parliament, and then sit according to the Command∣ment of the Writ; for untill that, the Writ did not take its effect. And in the 35 H. 6. and other Books, he is called a Peer of Parliament, which he cannot be, untill he sit in Parliament, which cannot be before the Parlia∣ment begin. And the Command of the King by such his Writ may by his Supersedeas be countermanded, or else the said. Edward might have excused himself, or waved it, or submitted to his Fines: And when one is called by Writ to Parliament, the Order is, That he be apparelled in his Parliament Robes, and his Writ is

openly read in the Upper-House, and he brought into his place by Two Lords of Parliament; and then he is adjudged in Law, Inter pares Regni, ut cum olim Senatores cens•• eligebantur, sic Barones apud nos habiti fuerint, qui per integram Baroniam terras suas tenebant, sive 13. feoda militum et terti••m partem unius Feodi militis, quolibet Feodo computo ad 20 l. &c. So that by this appears, That eve∣ry one who hath an entire Barony, may have of right a Writ to be summoned to Parliament; and with this agree our Books una voce, That none can si•• in Parlia∣ment as Peer of the Realm, without matter of Record, 35 H. 6. 46. 48 Ed. 3. 30. b. 48 Ass. pl. 6. 22 Ass. pl 2 4. Register. 287. but now none can be summoned to Parlia∣ment by Writ, without the Kings Warrant under the Privy-Seal at least. But if the King create any Baron by Letters Patents under the Great-Seal to him and his Heirs, or to him and to his Heirs of his Body, or for life, &c. there he is a Nobleman presently, and he ought to have a Writ of Summons to Parliament of Course, and shall be tryed by his Peers, if, &c.

Richard the Second created John Beauchampe of Holt, Baron of Kidderminster by Letters Patents, dated 10. Octob. eleventh year of his Reign, where all others be∣fore him were created by Writ.