A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

NOBILITY.

Nobility. In antient time the Senatours of Rome* 1.1 were elected a censu of their Revenues, so here in antient time, in conferring of Nobility respect

was had to their Revenues, by which their dig∣nity and nobility might be supported and main∣tained.

Gentry and Arms is of the nature of Gavel∣kind, for they descend to all the Sonnes, every Son being a Gentleman alike, which Gentry do not descend to all the Gentry alone, but to all their posterity. But yet jure primogeniturae the eldest* 1.2 shall bear a badge of his birth-right, his Fathers Arms without any difference, for he (as Little∣ton saith) is more worthy of blood; but all the younger Brethren shall give severall differences, & additio probat minoritatem.

The Common Law calls none noble under the* 1.3 degree of a Baron, and not as men of forraign Countries, with whom every man of gentle birth is accounted noble; for we daily see that both Gentlemen and Knights do serve in Par∣liament as Members of Commonalty; The Law hath conceived such an opinion of the peace∣able* 1.4 disposition of Noble-men, that is hath been thought enough to take one of their promises upon his honour, that He would not break the peace against a man. The person of a Baron (who is a Peer of Parliament) shall not be ar∣rested* 1.5 by his body, 1. In respect of their dignity▪ 2. Because the Law presumeth that they have suf∣ficient Lands and Tenements wherein they may be distrained; yet in case of contempt they may be arrested by a Capias or attachment.* 1.6

About 200 Gentlemen have got honour in their Famalies by the study of our Common Law.

Every Baron of the Parliament ought to have a Knight returned of his Jury, every Earl or Baron shall be amerced a 100 li. The eldest Sons of Earls or Vicounts are not Barons in Law, but

in reputation. Those which of antient time were created Earls were of the blood Royal, and to this day the King in all his appellations stiles them per nomen charissimi consanguinei nostri, and* 1.7 therefore their bodies shall not be arrested for debt, trespass, and they shall not be put in Juries.

Those which were Earls were created for two purposes: 1. Ad consulendum regem & patriam tem∣pore pacis. 2. Ad defendendum regem & patriam tempore ••e••l••: and therefore antiquity hath given them two ensigns to resemble these two duties.

• 1. Their head is adorned with a Cap of honour,* 1.8 and a Coroner; and their body with a Robe in re∣semblance of Counsell.
• 2. They are girt with a Sword, to shew that they should be faithfull, and loyall to defend their Prince and Countrey.

Notes

• * 1.1

  Cook on Lit. & 4th Rep. Nevils case
• * 1.2

  Cook on Lit
• * 1.3

  Lamberts Iustice of P. c. 13.
• * 1.4

  Pultons Iustice of peace.
• * 1.5

  Id ib.
• * 1.6

  Cooks Pre∣face to the 2d part of his Reports Cooks 6th Rep. Coun∣tess of Rut∣lands case.
• * 1.7

  Cooks 9th Rep. the Countee of Salops case, the King calls them Companions and Cosens, Comites & consanguineos.
• * 1.8

  Cooks 7th R••p. Nevils case.