Vol. 3. 205. By Letters 1 Inst. 16 b. Seld. Id. § 28. Edmund Earl of Cambridge. After which the King did gird his son John with a sword, and set on his head a cap of fur, and upon the same a circlet of pearls and gold, and named him Duke of Lancaster; and thereof gave him a charter. In like manner the King girded his son Edmund with a sword, and named him Earl of Cambridge, and thereof gave him a charter. 78. In the Rolls of Parliament, 9 Rich. II., there is an account of the confirmation of a charter, by which that prince had granted to his uncle, Edmund Earl of Cambridge, the dignity of Duke of York. The charter is recited. of which the operative words are; -In ducem ereximus, eidem ducatus Eborum titulum assignantes, et nomen. And the King, with the consent of Parliament, confirmed it, and invested him with the dignity, by delivery of the charter; girding him with a sword, and putting on his head a cap of honour, and a circlet of gold, or coronet. 79. In the time of King Richard II. it became a practice to create dignities by letters patent under the great seal; the first instance of which is said to have been in the eleventh year of that Prince's reign; when John Beauchamp de Holt was created Lord Beauchamp by letters patent. "Before whom (says Lord Coke) there was never any baron created by letters patent, but by writ." Therefore, whenever a barony appears to have existed before the 11 Rich. II., it must be taken to be either a barony by tenure or by writ. 80. In all letters patent, by which a dignity is created, there is a clause of investiture, similar to that contained in the ancient charters. And Dugdale 195. says, the solemn investiture of barons created by Bar. Vol. 2. letters patent, was performed by the King himself, Collins, 122. by putting on the new baron a robe of scarlet, and a Append. hood furred with minever. This form continued tillthe 13 James I., when the lawyers declared that the delivery of the letters patent was sufficient, without any ceremony. No. 5. 81. In the case of letters patent, the creation of the dignity is perfect and complete, as soon as the great seal is put to the patent. Therefore, although 12 Rep. 71. the grantee should die before he takes his seat, yet the dignity will descend to his posterity. 82. Henry Waldegrave being created Baron Walde- Journ. grave by letters patent, 1 James II., to him and the Vol. 21, 682. heirs male of his body, but dying before he sat in parliament, his eldest son was introduced in his robes, and took his seat. The present Lord Walsingham took his seat under the same circum stances. 83. It is laid down by Lord Coke, that where 1 Inst. 16 b. a person is created a peer by letters patent, the 12 Rep.71.` state of inheritance must be limited by apt and proper words, or else the grant is void. The usual limitation is to the heirs male of the body of the first grantee. In some it is confined to heirs male by a particular person: and in some, the dignity is Vide infra, limited, in default of heirs male, to the eldest heir female. c. 3. 84. Where a man possessed of a dignity marries, By Marriage. his wife becomes entitled to the same during her life, unless she afterwards marries a commoner; in which case she loses the dignity. If a woman be Journ. noble by birth, whosoever she marries, she remains Vol. 15.241. noble; for birthright is caracter indelibilis, 1 Inst. 16 b. 6 Rep. 53 b. On whom be conferred. 85. The Crown may confer a dignity on any person. Dignities can And though it was formerly resolved by the House of Lords, that a person who was a peer of Scotland could not be created an English peer, yet that is now altered. Whether ante. 1 P. Wms. 592. Idem. 86. It seems doubtful whether a person can refuse or waive a dignity. Lord Coke says, "If the King calleth any knight or esquire to be a lord of parliament, he cannot refuse to serve the King there, in illo communi consilio, for the good of his country.' And in Lord Abergavenny's case, the Judges appear to have been of that opinion. 99 87. This doctrine is contradicted by Lord Chancellor Cowper, who held that the King could not create a subject a peer of the realm against his will; because it would be then in the power of the King to ruin a subject, whose estate and circumstances might not be sufficient for the honour. He also held, that a minor might, when of age, waive a peerage granted to him during his minority. serve. 88. Lord Trevor was of a different opinion, and held, in conformity with Lord Coke, that the King had a right to the services of his subjects, in any situation he thought proper: and instanced in the case of the Crown's having power to compel a subject to be a sheriff; and to fine him for refusing to He observed, that in Lord Abergavenny's case, it was admitted the King might fine a person whom he thought proper to summon to the House of Peers; it being there said, that a person might choose to submit to a fine and if it were allowed the King might fine one for not accepting the honour, and not appearing upon the writ; the King might fine, toties quoties, where there was a refusal, and consequently might compel the subject to accept the honour. That it was not to be presumed the King would grant a peerage to any one to his wrong, any more than he would make an ill use of pardoning; all which were suppositions contrary to the principles upon which the constitution was framed, which depended upon.. the honour and justice of the Crown. TITLE XXVI. DIGNITIES. CHAP. II. Of the Estate which may be had in a Dignity. 1. Dignities are Real Property. 33. Dignities forfeited by At4. What Estate may be had therein. 6. May be entailed. 9. With a Remainder over. 24. Nor surrendered to the King. 29. An Earldom does not attract tainder. 38. Where entailed not forfeited for Felony. 40. Corruption of Blood. 42. Does not extend to entailed 44. Restitution of Blood. 51. Not within the Statutes of Dignities are real Property. 1 Inst. 20 a. 1 Ld. Raym. 10. A1 SECTION 1. LL dignities having been originally annexed to lands, were considered as incorporeal hereditaments, wherein a person might have a freehold estate. And although dignities are now become little more than personal honours; yet they are still classed under the head of real property. 2. In conformity to this principle it was formerly held that a dignity must have been created of some particular place, in order that it might appear to be annexed to land, and thereby become a real hereditament. But Lord Holt was of opinion that this is not now necessary. 3. Where a person is created a baron of a partieular place, that place, though a family mansion, does |