not thereby become the caput baroniæ, so as to exclude a widow from being endowed of it. Gerard, 84. 3 Lev. 401. Thomas Gerard having been created Lord Gerard Gerard v. of Gerard's Bromly, by letters patent, he being 5 Mod. 64. then resident in the said capital messuage, a question 12, arose in a writ of dower, brought by the widow of a Lord Gerard, whether the said capital messuage became thereby caput baroniæ. It was resolved that it did not, because it was not a feudal barony; 72. for the authorities cited must be intended of feudal 1 Ld. Raym. baronies; and this privilege was allowed to them, because they ought, upon necessity, to defend the realm, to which they were bound by tenure. For the King, at the creation of the barony, gave to the baron lands and rents, to hold of him for the defence of the realm. Then this could not be a feudal barony, for it was in the seisin of the Gerards before; therefore was not given to the Gerards by the King, at the creation of the barony. The widow recovered dower. may be had 4. While dignities were annexed to lands, the What Estats persons seised of those lands, if tenants in fee simple, therein. must have had the same estate in the dignity; and a person might also have a qualified fee in the dignity, as appears from the case of John Talbot; ante. which has been already stated. 5. As to dignities created by writs of summons, - Lord Coke says "And it is to be observed, that 1 Inst. 16 b. if he be generally called by writ to parliament, he hath a fee simple in the barony, without any words of inheritance." This expression is inaccurate; and Lord Coke has corrected it in the same page, by adding, "and thereby his blood is ennobled to him and his heirs lineal." infra, c. 3. May be entailed. Dignities of this kind being descendible to females, have generally been called baronies in fee; but this is not strictly so, for they are descendible only to the lineal heirs of the person first summoned. 6. A dignity may be entailed within the statute De Donis, for it concerns land. Thus, it was resolved Nevill's Case, by all the Judges in 7 James, that where Ralph Nevill 7 Rep. 33. was, by letters patent, created Earl of Wesmoreland, to him and the heirs male of his body, an estate tail was thereby raised; and not a fee conditional at common law. 1 Inst. 20 a. 12 Rep. 81. Earldom of Collins, 173. Lord Coke says, a name of dignity may be entailed within the statute, as dukes, marquesses, earls, viscounts, and barons; because they are named of some county, manor, town, or place. 7. A dignity may not only be entailed at its first creation, but also a dignity originally descendible to heirs general may be entailed, by an act of parliament, upon the heirs male of the body of the person seised thereof. 8. Robert de Vere, Duke of Ireland and Earl of Oxford, was attainted in 11 Rich. II. by parliament. And in 16 Rich. II. that prince, by assent of parliament, restored to Aubrey de Vere, and his heirs male for ever, the estate and honour of Earl of Oxford. In the year 1626, a contest arose, in consequence W. Jones, 96. of the death of Henry de Vere, Earl of Oxford, respecting the right to that earldom, between Robert de Vere, claiming under the entail, created by the act 16 Rich. II. as heir male of the body of Aubrey de Vere, and Lord Willoughby of Eresby, claiming as heir general to the last earl. The case was referred by King Charles I. to the House of Lords, who called to their assistance Lord Ch. Just. Crew, Lord Ch. Baron Walter, Doddridge, Their and Yelverton, Justices; and Baron Trevor. opinion on this point was delivered by Lord Chief Just. Crewe; whose exordium is so eloquent, that it shall be transcribed. "This great and weighty cause, incomparable to any other that hath happened at any time, requires great deliberation, and solid and mature judgement, to determine it; and I wish that all the Judges of England had heard it, (being a case fit for all) to the end we altogether might have given our humble advice to your Lordships herein. Here is represented to your Lordships certamen honoris, and, as I may well say, illustris honoris, illustrious honour. I heard a great peer of this realm, and a learned, say, when he lived, there was no King in Christendom had such a subject as Oxford. He came in with the Conqueror Earl of Gwynes: shortly after the Conquest made Great Chamberlain of England, above 500 years ago, by Henry I., the Conqueror's son, brother to Rufus : by Maud the Empress, Earl of Oxford: confirmed and approved by Henry Fitz-Empress, Henry II. Alberico comiti, so earl before. This great honour, this high and noble dignity, hath continued ever since in the remarkable sirname of De Vere, by so many ages, descents, and generations, as no other kingdom can produce such a peer, in one and the selfsame name and title. I find, in all this length of time, but two attainders of this noble family, and those in stormy and tempestuous times, when the government was unsettled, and the kingdom in competition. I have laboured to make a covenant with myself that affection may not press upon judgement; for I suppose there is no man that hath any apprehension of gentry or nobleness, but his affection stands to the Journ. v. 3. 537. With a Re mainder over. continuance of so noble a name and house, and would take hold of a twig or twine thread to uphold it. And yet time hath his revolutions: there must be a period. and an end to all temporal things-finis rerum; an end of names and dignities, and whatsoever is terrene, and why not of De Vere. For where is Bohun? Where is Mowbray? Where is Mortimer? Nay, which is more and most of all; where is Plantagenet? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God." The Lord Chief Justice and his brethren were unanimously of opinion, that although the earldom of Oxford was originally held in fee simple by the family of De Vere, yet "that the honour of the said earldom of Oxford was entailed upon Aubrey De Vere and his heirs male by the parliament of 16 Rich. II.; and that an estate therein to the heirs male was sufficiently raised and created thereby; and was so reputed and enjoyed by many descents of the earls; which could not have been (as the same was limited) if the same had only been an ordinance of parliament and that the said honour descended and then of right belonged to Robert De Vere, as heir male of the said Aubrey, by virtue of the entail.” The House of Lords resolved accordingly, and the next day Robert De Vere took his seat as Earl of Oxford. 9. An estate in remainder may be limited in a dignity, to commence after the determination of a 7 Rep. 33. preceding estate tail. Thus the earldom of Northumberland was granted to Thomas Percy and the heirs male of his body; and for default of such issue, to Hugh his brother, and the heirs male of his body. for Life. 10. Lord Coke says, the King may create either a Or granted man or a woman noble for life; but not for years; because then it might go to executors or administrators. to Curtesy. There are several modern instances of dignities granted to a person for life, with a remainder over to other persons; such as the cases of the late Duke of Northumberland and the late Duke of Montague. 11. While dignities were annexed to the possession Not subject of particular castles, manors, &e., the husband of a woman seised of such castles, &c. was bound to perform the services due to the Crown for them; and Dugd. Sum. among others to attend parliament: so that he enjoyed the dignity during the joint lives of himself and his wife. Preface. 12. Monthermer, who married the Duchess Dow- Idem. ager of Gloucester, was summoned to parliament in Vin. on 27 Edw. I. as Earl of Gloucester, and to all succeed ing parliaments during her life: when she died, her Brooke. son became Earl of Gloucester, and Monthermer was 12 Rep. 112. summoned as a baron. 13. Where there was issue, the husband became tenant by the curtesy of the dignity. Thus Lord 1 Inst. 29 b. Coke mentions a case in the reign of Hen. VI., where a person was allowed to hold the dignity of Earl of Salisbury, as tenant by the curtesy, in right of his wife Alicia, the daughter and heir of the preceding earl, by whom he had issue. 14. In the reign of King Henry VIII., Mr. Wymbish having married a lady entitled to the dignity of Taylboys, a question arose, whether he ought to have the name of Lord Taylboys, in right of his wife, or not. The King consulted the two Chief Justices, Doctor Gardiner Bishop of Winchester, and Garter. First, the King demanded of the two Chief Justices, |