Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.

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Title
Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.
Author
Bird, William, 17th cent.
Publication
London :: Printed for L. Chapman ...,
1658.
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Nobility -- Great Britain.
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"Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A36231.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2024.

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Page 65

BARONS by Tenure.

BArons by tenure are those which doe hold any Ho∣nour, Castle, or Mannour as the head of their Barony per Baroniam, which is Grand Serjeanty: And these Barons by tenure are of two sorts; Barons spirituall by tenure, and Barons temporall by tenure. Of Barons spirituall by tenure sufficient is said before in the first leafe of this Treatise, whereunto this may be added, That it appea∣reth by all ancient Writers of our Lawes, as Britton, Glan∣vile, Bracton, and the rest, that the Archbishops and Bishops of the Realme in the ancient Saxons dayes, as well during the time that this Realme was divided into divers King∣domes, as also after the uniting of them into one Monarchy, were called to the Parliament or Assembly of States or wise men, not so much in respect of their tenure, for in those dayes all their tenures were by franck almoigne; but espe∣cially for that the lawes and counsels of men are then most currant and commendable; and have a more blessed issue and successe, when they are grounded upon the feare of God, the root and beginning of all true wisdome: and therefore our wise and religious Ancestors called to their generall Councell, or Witten Agmore, or Court of Wis∣dome (as they called it) those chiefe and principall persons of the Clergy, which by their place and profession, by their gravities, learning, and wisdome, might best advise what was the law of Gods acceptable will and pleasure, that they might frame their humane lawes answerable, or at least no contrary and repugnant thereunto.

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As touching the temporall Barons by the tenure, mention is made of them in the Books of the Law, Records, and an∣cient Monuments of the Realme: these are the words of Glanvile; Mortuo enim aliquo capitals Barne suo, statim Ba∣roniam in manusua retinet Rex, donec haeres garantum suum fecerit de relivio, licet haeres ipse plenam habuerit atatem: Which reliefe of Barons for the Barony by tenure was at that time uncertain, and rentable at the pleasure of the King: Of which also he writeth thus. Dicitur autem rationabile re∣livium alicujus juxta consuetudinem regni, de feodo unius Mi∣litis centum solidos: de socenglo verò, quantum valet census il∣liut saccagii per unum annum: De Baronis verò nihil certum statutum est, quia juxta voluntatem & misericordiam Domi∣ni Regis solent Baronli capit••••es de reliviis suis Domino Regi satisfacere, lib. 9. cap. 4. But such uncertainty was brought to certainty by the statute of Magna Charta cap. 2. so here we have speech of the Barony Temporall by tenure, and of the reliefe due for the same.

In tertio H. 3. there was argued an ancient Prerogative belonging to the Crowne, and usuall even from the Con∣quest unto these times, authentickly written in these words, and so reported by Fitzherbert: Quod si aliquis Baro Domi∣ni Regis tenent de Rege obiisset, & non haberet haeredes nisi fi∣lias, & primogenitae filiae maritatae sunt in vita Patris, Domi∣nus Rex daret postnatam siliam, quae remaneret in haereditate patris, alicui milit' suor', cum tota haereditate Patris sui de qua obiisst seisitus, ita quòd alia filiae nihil recuperent versus post∣natam filiam in vita sua: Et omnes Reges habuerunt hanc dig∣nitatem à conquestu.

Also Bracton lib. 5. fol. 351. & fol. 357. doth make expresse mention of Barons temporall by tenure.

It shall be needlesse here againe to remember the former

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alledged assertion of Bracton, that the head of a Barony de∣scending unto daughters should not be divided by partiti∣on, which argueth likewise the tenure by Barony. But let us descend to other authorities, that is to say, to the Book∣case in 48. E. 3. fol. 30. Sir Ralph Everden his case; by which case of law is most evidently proved that there are Barons by tenure, and in regard of such their tenure ought to b summoned to Parliament. And to this purpose you may read a private statute in the eleventh yeere of Henry the sixth mentioned also in Cambden concerning the Earl∣dome of Arundell: and also another statute to the same pur∣pose made 27. H. 6. for the finall determination of a contro∣versie between William Earl of Arundell, and Thomas Earl of Devonshire, for place and preheminence in Parliament.

I would wish that those who deny that there were or are any Barons by tenure, should consider advisedly the sta∣tute of Westminster the 2d. cap. 41. where the Fees of the Eatle Marshall and Lord Chamberlain are expressed, which are to be taken by them, upon the homage done of every Ba∣ron by tenure, whether the Baron holdeth by whole Baro∣ny or by lesse.

But ere I proceed further, there ariseth a question here to be considered, the resolution whereof may give great light, and in a manner determine the matter in hand. The Que∣stion therefore is this.

Question.

If a Baron by tenure alien and grant away the Honour, Castle, and Mannour holden by Barony, whether shall such alience or grantee take upon him the state title and dig∣nity of a Baron or no? and what shall become of such a

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dignity of Baronage after such alienation or grant made?

They which do deny that there are any such Baronies by tenure, do use these as their chief and principall motives and reasons.

First, if there be any Baronies by tenure, then the alience or grantee of such Honour, Castle, or Mannour so holden, must hold by the same tenure that his feoffor or grantor be∣fore held; But that was by Barony; Therefore such alience or grantee must hold by Barony: And if such grant or alie∣nation be made to persons base, vulgar, or ignoble, they then should by such tenure be made noble, which were marvel∣lous absurd and full of inconveniency; for, Non Dominus domo, sed domus Domino honestatur, see Tho. Mills Perora∣tion fol 3.

Secondly, it is very evident and manifest that many an∣cient Mannours which in old time were holden per Baroni∣am, and were the Head of Baronies, are now in the tenures of mean Gentlemen, and others, who neither doe or may challenge unto themselves in any respect thereof any No∣bility, without the great and high displeasure of the Kings most excellent Majesty, who is the fountain of all Nobility within his Dominions.

Thirdly, some ancient Barons there are which have alie∣ned and sold away those Castles and Mannours, of the which they have and beare the name and dignity of Baro∣nage, and yet themselves doe still retain and lawfully keep their estate, dignity, and degree of Baron, and have been and usually are (such alienation notwithstanding) summo∣ned neverthelesse to the Parliament, and they do take and hold their ancient place according.

The Answer.

For the better answere to be made to these objections, be∣ing

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of all others the most materiall and of moment used in this behalf, it shall be convenient for the more easie unfol∣ding the state of this question, to exhibite certain necessary and requisite propositions; and upon them to draw true and infallible conclusions, and then to prove them by authority of Law, consent and time, and manifold presidents: which done, the answere will be easily made (as I conceive) to eve∣ry of the foresaid objections.

First therefore, if a Baron by tenure, which holdeth any Castle, Honour, or Mannour per Baroniam, do alien or give the same, either he doth it without any licence obtained from his Majesty so to do, or else by some certain licence in that behalf obtained.

If he doe it without, licence, then the conclusion is cer∣tain by the lawes of this Realme, the Barony, Castle, Ho∣nour, and Mannour so aliened without licence or consent is forfeited; and the same Honour, Castle, or Mannour so holden by Barony, and so aliened, is to be seised into the Kings hands for the said forfeiture, and such dignity and estate no longer to be borne and continue, but to be resu∣med and extinguished in the Crowne, from whence it was derived. Read hereof in Stamfords Prerogative cap. 7. But nota in Cook 2. part 80. b.

The reason thereof is notable, if we call to remembrance that which was formerly alledged out of Bracton; That Baronies are the strength of the Realme, and suffer no divi∣sion; they suffer also no alienation, without the consent or licence of the soveraign Monarch; for so should the Realme be enfeebled, and base persons enabled, without desert of vertue or prowesse. For where the thing so aliened is an Honour or head of the Barony, it differs much from the or∣dinary tenure in capite, whereof if the Tenaut make alie∣nation

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without licence, hee is onely to pay fine by the sta∣tute 1. E. 3. cap. 12. whereof also before the making of the statute there was diversity of opinion at the Common Law after the statute of Magna Charta. But let me cite some authorities for the proofe of these allegations. Glanvile, the most ancient Writer of the Lawes of this Realme now extant, hath these words: Notandum autem, quòd nec Episco∣pus, nec Abbas, quia corum Baroniae sunt de eleemosyna Rege & Antecessoris ejus, non possunt de Dominicis suis aliquan partem dare ad remanentiam, sine assensu & confirmatione Domini Regis, lib. 7. cap. 1. in fine, & statut. Westm cap. 42.

In Edward the thirds time certaine land, being parcell o the Barony of Brember, was aliened by William de Bruse the Baron thereof, without licence of the King; and in the ar∣gument of a cause concerning the same, Greene one of the Judges delivereth this for law, That parcell of a Barony or Earldome held of the King in chiefe, cannot be aliened or dismembred without his licence; and if it be, it shall bee seised into the Kings hands as forfeit, and the King shall be seised thereof in his own right again.

In 46. E. 3. it was found by office that William Bishop of Chester had leased unto one John Peston for his life a Man∣nour, which was parcell of the Mannour of the said Bisho∣pricke, without licence; and it was resolved by the Judges, and other of the Kings Councell, that the same was for∣feit; but by mediation of the said Councell the Bishop sub∣mitted himselfe to the King, and made a fine; and severall Scire facias issued out against them that had received the maine profits, to answer unto the King thereof. And thus much concerning alienation of Baronies without licence.

But on the other part, if a Baron by tenure which hol∣deth any Honour, Castle, or Mannour by Barony, do grant

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or alien the same by licence, I must again distinguish: For either such alienation is made for the continuance of his Ba∣rony, Honours, Lands and Tenements, in his owne name, blood, issue male: Or else the same alienation is made for mony, or other recompence, or otherwise, to a meere stran∣ger: and hereof ensueth this second conclusion or assertion.

That if such alienation be made for the continuance of the Barony in his name and blood, or issue male (as many have made the like) then have the issue male together with the Barony, be it Castle, Honour, or Mannour so holden, held also and lawfully enjoyed the name, stile, title, and dig∣nity of a Baron; and thereof have the heires generall, or next heires female been excluded and debarred. And for the proof of this assertion there may manifold presidents be produced, wherof certain have happened almost in every age for 300. yeers space; namely, so long in effect as there have bin observations thereof: of which some certain doe ensue.

  • William de Fer∣rariis, Comes Der∣by, obiit Anno 30. H. 3.
    • ...Robertus de Ferrariis Comes Derby.
      • ...Johannes de Ferariis, Dom. De Charley.
  • ...Margaretae Comitissa Derby, & Domina de Grooby.
    • ...Will. de Perrar. Dom. de Grooby ex dono Matris.
      • ...William de Fer∣rariis, Dominus de Grooby.

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It appeareth by an office found after the death of William de Ferrariis Lord of Grooby 23. H. 6. that Margaret Lady of Grooby gave to William Ferrars her second sonne, and to the heires of his body, the Mannour of Grooby, &c. By vertue of which gift, the said William Ferrars and his heires were ever after Barons of Grooby.

Robert Walleron Baron of Kilpeck died in 1. Ed. 1. with∣out heires of his body; and Robert Walleron, sonne of Willi∣am, brother of the said Robert, was his next heire; yet not∣withstanding the said Robert dying gave to Allen Plagenet sonne of ••••••lice his sister, the Castle, Mannour, and Lord∣ship of Kilpeck, with the appurtenances, To have unto the said Allen, and to the heires of his body comming, as ap∣peareth by his office, &c. By vertue of which gift the said Allen was Baron of Kilpeck, and summoned among other Barons to the Parliament: and he died 27. E. 1.

Page 73

  • ...Walleron Baron of Kil∣pecke.
    • Robert Walleron Ba∣ron of Kilpee obiit sine exi∣tu, 5. E. 1.
    • ...William Walleron.
      • ...Robert Walleron the next heir.
        • William Deyncourt Barō of Blax∣ronry by rea∣son of the en∣taile, obiit 38. E. 3.
          • ...William Deyncourt ante patrem.
            • ...William Deyncourt Baron of Blackney.
        • ...John Dein∣court.
          • ...John Dein∣court.
      • ...Alice married to Plagenet.
        • ...Allen Pla∣genet Baron of Kilpecke, coron. dono.
  • Edmond Deynecourt Baron of Bla∣steny, obiit An. 20. E. 2.
    • ...Edmond Deyncourt.
      • ...Isabel his next heire.

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The King to all Christian people sendeth greeting, &c Know ye that whereas lately, for that our well-beloved and faithfull subject Edmond Deyncourt pondered and considered that both his Sirname and also his Armes after his death in the person of Isabell daughter of Edmond Deyncourt his heire apparent, should be blotted out of memory, most earnestly he desired that his Sirname and Armes after his death for ever might be had in remembrance: To whose request, for the worthy service as well to our father Edward late King of Eng∣land, as also to our selfe, by our Letters Patents doe grant and give licence for us and our heires, so much as in us lyeth, to the said Edmond, to dispose and give all his Manours, Lands, Tenements, and Knights fees, with their appurtenances and Advowsons of Churches, Abbies, and Priories, and Hospi∣talls, which he holdeth of us in chiefe, to whom he pleaseth, To have and to hold to him and his heires, for us and our heires, by the service thereof for ever.

By which Grant the said Edmond gave all his Lands and Tenements to one William sonne of John Deyncourt, and to his heires of his body comming: And the said Edmond dy∣ed the last yeere of Edward the second, and the said William in the time of Edward the third was summoned among other Barons to the Parliament, by vertue of the same gift, untill his death, which was Anno 3. E. 3.

It appeareth by divers offices in the time of King Edward the third, that John Handlow in the right of Maud his wife was seized of the Mannour of Holgate, Acton Burnell, &c. for terme of her life, remainder to Nicolas Handlow alias Burnell, sonne to the said Maud and John by a fine in the Court levied, and that John Lovell was next heire of the said Maud, and her first-borne sonne by her first husband:

Page 75

and afterwards the said Nicolas was summoned among o∣ther Lords to the Parliament, by reason of the fine afore∣said, and not the said John Lovel, who was next heire.

  • ...Edward Burnell Ba∣ron of Hol∣gate.
  • ...Philip Burnell Ba∣ron of Hol∣gate.
    • Maud Bur∣nell heire to her brother.
      • ...John Lo∣vell the first husband.
        • ...John Lord Lo∣vell.
          • ...Iohn Lord Lo∣vell.
      • ...John Hand∣low second husband
        • ...Nicolas Handlow Ba∣ron of Hol∣gate.
          • Hugh Handlow, ali∣as Burnell, Baron of Hol∣gate.

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Thomas de Beauchamp the elder Earle of Warwick, by a fine levied 18. E. 3. entailed the Mannour and Castle of Warwicke, with divers other possessions, to himselfe for terme of his life, the remainder whereof to Guy his eldest sonne, and to the heires males of his body issuing; for want of such heires the remainder to come to Thomas Beauchamp, brother to the foresaid Guy, and to his heires males of his body issuing, &c. And afterwards the said Guy died with∣out heires male of his body, leaving two daughters and heires living: afterward the said Earle dyed, and the said Thomas the sonne entred into the Castle and Mannour a∣foresaid, with other the premisses, and was Earle of War∣wick by reason of the entaile aforesaid, notwithstanding that Katharine, daughter of Guy, and next heire to the said Thomas the elder, was living 30. yeers after his death.

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  • ...Thomas Beauchampe Earl of War∣wick.
    • Guy de Beauchampe first son, obiit ante patrem, 30. E. 3.
      • Katharine lived in 21. R. 2.
        • ...Eliza∣beth.
    • Tho. de Beauchampe Earle of War∣wicke, by rea∣son of the en∣tail, obiit anno 1. H. 4.
      • Rich. Beau∣champ Earl of Warwick obiit 17. H. 6.
    • William Beauchampde Beauchamp L. of Aberganey obiit 12. H. 4.
      • Richard de Beauchamp Earl of War∣wicke, obiit 9. H 5.

Page 78

Richard Earle of Arundell, by a fine, 21. E. 3. entailed the Castle, Towne, and Mannor of Arundell, with other Lands, to him, and to his heires Males, begotten of the body of Ellenor his wife. By vertue of which entaile John Lord Matrovers, Earle of Arundell, after the decease of Thomas then Earle, which died without heire Male, although the sisters of the said Thomas possessed divers Lands and ho∣nors, or the which the said Thomas died seised in Fee simple, war Earle of Arundell.

  • ...Richard Earle of A∣rundell
    • Richard Earle of A∣rundell, obiit anno 21. R. 2.
      • Thomas Earle of A∣rundell obiit anno 3. H. 5.
      • ...Elizabeth married to Tho. Mow∣bray, Duke Norfolk.
        • ...Married to Lewthall.
          • ...Jane Lady of Abergany.
    • ...John Arundell, Knight, Lord Matrovers.
      • John Arund. Lord Matro∣vers, obiit, 6. H. 4.
        • Io. Arund. L. Matrovers, obiit 9. H. 5.
          • ...Io. E. of Arun. by reason of the entail.

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Thomas Lord Barkley was seised in his demesne as of fee of the Castle of Barkley, and Mannour, &c. and a fine levi∣ed in the Kings Court 23 E. 3. of the aforesaid Castle, Man∣nour, &c. to him for terme of his life, remainder to Mor∣rice his sonne, and to the heires males of his body issuing, with other remainders as aforesaid: the which said Mor∣rice had issue Thomas Lord Barkley, and Iames Barkley Knight; which Iames dyed in the life of his brother, lea∣ving Iames his sonne and heire living. After, the said Tho∣mas Lord Barkley died Anno 5. H. 5. leaving Elizabeth his daughter and heir married to Richard Earle of Warwick; after whose death Iames his Nephew on the brothers side entred into the Lands, Castles, and rem' aforesaid, by virtue of the entaile, and was summoned among the Barons to the Parliament, as Baron of Barkley 9. H. 5. which Elizabeth died in 1. H. 6.

  • ...Tho. Lord Barkley.
    • ...Morrice Lo Barkley.
      • ...Tho. Lord Barkley.
        • ...Eliz. married to Rich Earle of Warwick.
      • ...Sir Ia. Bark∣ley died before his brother
        • ...Iames Lo. Barkley by reason of the entaile.

Page 80

Thomas Lord Delaware died seised in his demesne as of fee taile, to himselfe and to the heires males of his body is∣suing, by reason of a fine levied in the time of his ancestors of the Barony Delaware, with divers other lands in other counties, and died 5 H. 6. without heires of his body; and Reignold West Knight of the halfe blood was next heire, by reason of the entaile aforesaid, and was summoned to the Parliament, by the name of Reignold Lord Delaware Knight, although Iohn Griffith was heire generall of the aforesaid Thomas Delaware, being of the whole blood, as appeareth by the genealogie ensuing.

Page 81

  • ...Iohn Lord Delaware, son of Roger.
    • ...Iohn Lord Dela∣ware
      • ...Elisabeth daughter to A∣dam L. Wels.
        • ...Iohn Lord Delaware died without issue.
        • ...Thomas Lord Delaware died without issue.
      • ...Roger Lord Dela∣ware.
        • ...Elisabeth daughter to the Lord Mowbray his second wife.
          • ...Iohn Griffin heire generall to the Lord Dela∣ware.
            • ...Sir Reig∣nold West Lord Delaware by the entail.
  • ...Katharine married to Nicolas La∣timer.
    • ...Katharine married to Grif∣fin.
      • ...Iohan mar∣ried to Tho West Knight.

Page 82

John de Vere, Earle of Oxford, seised in his demesne, as of Fee taile to him and his heires Males of his body, issuing of the honour and county of Oxford, with divers other Lands, Anno 18. H. 8. died without heires of his body, and his three sisters were his next heires generall, but Iohn de Vere his next heire Male, as appeareth, was Earle of Oxford, by reason of the said entaile, and none of the three sisters obtained Dignity.

  • Richard de Vere Earle of Oxford, di∣ed 4. H. 5.
    • Iohn de Vere Earle of Oxford, di∣ed 1. E. 4.
      • John de Vere Earle of Ox∣ford died with∣out issue, 4. H. 8.
      • ...George de Vere Knight.
        • Iohn de Vere Earl of Oxfo. died without issue, 18. H. 8.
        • ...Eliz. mar∣ried to Sir An∣tho. Wingfield Knight.
        • ...Ʋrsula married to Edm. Knight∣ley Esq.
        • ...Dorothy married to Nevill.
    • ...Sir Robert de Vere Kt.
      • ...Iohn de Vere.
      • ...Iohn de Vere
        • ...Iohn de Vere Earle of Oxford, by vertue of the entaile.

Page 83

William Lord Paget of Bewdesert was seised in his demesn as of fee, of the Baronies of Langden and Hawood, and of, and in the Mannours of Bewdesert, Landen, &c. And be∣ing so seised, by fine quinto Mariae entailed the Baro∣nies and Mannours aforesaid to him and his heires males of his body issuing: And afterward Anno 5. Eliz. died, leaving Henry his sonne next heire male. Which Henry entred into the Baronies and land aforesaid, by vertue of the foresaid fine, and died thereof seised 11. Eliz. leaving Elizabeth his onely daughter and heire. After whose death Thomas Pa∣get, brother and heire male of the said Henry, entred into the Baronies and Mannours aforesaid, and was summoned to the Parliament by virtue of the aforesaid fine.

  • William Lord Paget of Bewdesert deed anno 5. Eliz.
    • Henry Lord Paget died An. 11. Eliz.
      • ...Elizabeth his daughter and heire.
    • ...Thomas Lord Paget, by force of the entailes, after the death of his brother

Page 84

Robert Lord Ogle entred into the Barony of Bothal and Ogle, with divers other Mannors and Lands in the Coun∣ty of Northumberland, by conveiance; which was to him∣selfe for terme of his life, the remainder to the heires males of his body begotten; and he took to his wife Dorothy Wi∣therington, by whom he had issue Robert Ogle his eldest sonne, and Margery his daughter married Gregory Ogle of Chippington: And the said Robert the father, after the death of the said Dorothy his wife, took to his second wife Ioane Ratcliffe, by whom he had issue Cutbert his second sonne; and after died. After whose death Robert the sonne was Lord Ogle, from whom the same descended to Cutbert, being brother of the halfe blood, by vertue of the said en∣taile, and not to the said Margery, nor unto her heires, being of the whole blood unto the said Robert the sonne.

Page 85

  • ...Robert Ogle Lord Ogle.
    • ...Dorothy daughter of Henry With∣rington first wife.
    • ...Robert Ogle L. Ogle died without issue.
    • ...Margery maried to O∣gle of Chip∣pington.
      • ...Cutbert Ogle of Chip∣pington.
    • ...Cutbert Ogle L. Ogle died.
    • ...Margery Ogle married Robert Wi∣therington.
      • ...Thomas Ogle.
    • ...Joan the daughter of Cuthbort Ratcliff Kni. the second wife.

Page 86

Moreover, concerning the second objection, it is very true that many ancient Mannours, which were anciently holden by Barony, as the head or parcell of a Barony, are now in the hands of Gentlemen meane and un-noble by blood, who neither doe nor may claime any Nobility or honour thereby. But the reason that some former gifts made by the Kings Majesties progenitours, the supreme So∣veraignes of this Realme, to such as they honoured, in aug∣mentation and support of their honour, and by honourable services, should thus come to the hands of mean persnages, are twofold.

First, for that such Mannours have been aliened by li∣cence unto such persons before spoken, whom such possessi∣ons alone cannot make noble.

Secondly, (and that was usually such Mannours as were holden by Barony) have upon divers encheasons and occa∣sions come to the Crowne, by way of revertor, or eschete, or forfeit, by meanes whereof the ancient tenures derived from the Crowne (by reason of those lands so comming a∣gain to the Crown) were extinct, and after the said lands were given or conveyed to others, reserving other services than those which at the first were due for the same; so that it was no marvaile to see that some Mannours anciently holden by Barony, or other honourable service should now bee holden in soccage, or by other triviall or meane tenure.

As to that which was thirdly objected, that some anci∣ent Barons there are which have aliened and sold away those Castle and Mannours, of the which they have and doe beare the name and dignity; and yet neverthelesse themselves doe still retaine and keep lawfully their estate, dignity and degree of a Baron, and have been and are cal∣led

Page 87

to the Parliament, such alienation notwithstanding. To this I answer, That it is true, but it proveth nothing against the former resolution: And therefore for better satisfaction of this observation, it is to be considered, that such Barons either be originally Barons by writ, or Ba∣rons by tenure. Barons by writ (in this respect now in hand) are of two kindes; For either in such writ, where∣by they or their Ancestors were at first summoned, they were named onely by their owne names; or else there was addition given them of the principall place of their aboad; which was done either for distinction sake, to sever them from some honourable person of the same sur∣name; or else to give them such honourable title by addi∣tion of the place, which place notwithstanding was not holden by Barony: And therefore if such a Baron doe alien away that place which anciently was his seat, he may neverthelesse retain his honourable title, in respect had of such a place.

But if a Baron by tenure doe alien away the honoura∣rable Castle, or Mannour holden by Barony, unto a mean person, not capable of honour, and that by suffici∣ent licence so to doe, and after the alienour which made such alienation be called by writ to the Parliament, un∣der the title, or as Baron of such Honour, Castle, or Mannour so aliened, he is not any more a Baron by te∣nure in respect of that place, for that he hath aliened that away which he held by Barony; but thenceforth, after such writ of summons, he is become a Baron by writ, and may retaine the name of Baron by title of the place, as Baron by writ, such alienation notwithstanding; foras∣much as the writ directed at the pleasure of the Prince, doth give unto him that addition of name and dignity.

Page 88

And thus much touching the resolution of the said que∣stion, and satisfaction of the said objections, and of Ba∣rons by tenure.

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