Cro. Car. 61. § 109. In the above case an annual fee of £40 had been granted to the parker iffuing out of the king's manors in the county of Surry. And a question arose whether that was determined by the destruction of the park. Sir John Walter, chief baron, held clearly that it was. But all the other juftices and barons diffented from him, because the annual fee was granted by a distinct clause, and not out of the park: and although the office was determined, yet because it was not by the act or default of the grantee himself, but by the act of the grantor only, they conceived, the grantee should enjoy the annuity. THE dignities or titles of honour, which now fubfift Origin of in England, derive their origin from the feudal Dignities, inftitutions, and were introduced into this country by the Normans, It No title of the English law has been fo little difcuffed as that of Dignities, nor has any fyftematic arrangement of it been ever published. The only work on the subject is Collins's Proceedings on Claims concerning Baronies by Writ, which confifts of a miscellane ous collection of cafes. Little affiftance could therefore be derived from the labours of others; but the Author is much indebted to the extensive information and liberality of Francis Townsend Esq. Windfor Herald. Gloff. voce It was a fundamental principle of the feudal polity, that the fupreme authority fhould refide in the general affembly of the state; which was originally compofed of the king, and of all his immediate tenants, who were bound to attend him on fuch occafions, as a part of the service by which they held their lands; it being a rule of the feudal law, that every vaffal was obliged to be present at his lord's court, and there to affift him with his advice. § 2. This fervice is thus defcribed by Ducange. Servitium placiti, fervice de plaids, quod vafallus domino fuo feudato debet, cum placita fua feu affifas tenet, (quod fequi et juvare dominum de placito vocabant). Hinc formula in hominiis: pro prædictis feudis vobis fidelis exiftam, et fidele fervitium faciam, vidclicet guerram et placitum; ad fubmonitionem veftram, vel cujuflibet nuntii veftri. Vaffalli quippe omnes ad ea placita convenire tenebantur. § 3. The power of the feudal fovereigns over their vaffals was extremely limited; they had no right to demand any services or duties, which were not exprefsly referved to them upon the grant and investiture of the feud and, therefore, as to all things that were extrafeudal, the particular confent of the vaffals was neceffary. Hence arose the practice of fummoning the vaffals, to obtain their confent to any new measure, the fovereign might wish to adopt; which gave rife to thofe general affemblies that, upon the continent, were called States, and, in England, Parliaments. $ 4. When $4. When William the Norman acquired the crown of England, he diftributed the greater part of the lands, which belonged to the Saxon nobility, among his followers, to hold of him as ftrict feuds, referving the ufual fervices; among which, attendance upon the king's high court was one of the principal. And, Wright's about the 20th year of his reign, the tenure of all the Ten. 52. lands in England became feudal, and they were fubjected to all the feudal services. § 5. This duty of attendance on the king's high court, gave a fpecies of dignity to thofe, who were bound to it, and procured them an honourable appellation and distinction. The firft titles, by which they were called, were thofe of Earl and Baron; and the poffeffions, from which they derived thefe appellations, acquired the names of comitatus and baronia. Hence, Ingulphus fays of the Conqueror, comitatus et baronias Normannis fuis diftribuit. § 6. The perfons who poffeffed thefe dignities were alfo called Peers of the Realm, or Peers of Parliament, from the word pares; which, in the feudal law, denoted perfons holding of the fame lord, under the fame laws or customs, and with equal powers: for, in that fystem, the tenants of every lord, who met together in his court to determine the difputes arifing within his feignory, were called Pares Curia. Thus Spelman fays, Pares dicuntur, qui, acceptis ab eodem domino, puta rege, comite et barone (five majori five minori) feudis, pari lege vivunt; et dicuntur omnes pares curia, quod in curiâ domini illius, cujus funt vaffalli, parem habent poteftatem, fcil: vaffalli regis, in curia regni; vaffalli comitis Gloff. voo Pares. comitis, in curiâ comitatús; vassalli baronis, in curiẩ baronis. § 7. The dignities or titles of earl and baron, having been originally annexed to landed estates, were confidered as incorporeal hereditaments, wherein a perfon might have a freehold estate; and, although they are now become little more than perfonal honours, yet they are ftill claffed under the head of real property. § 8. During the reign of William the first, and that of his fons, all dignities or titles of honour were annexed to lands; and every perfon, who held his estate in capite, ut de perfonâ regis, was ipfo facto a peer of parliament. But, although perfons, holding one or two knights fees by this tenure, had a right to attend parliament, yet it is supposed that, from their inability to support the expence of this service, they were foon exempted from it; and none were required to attend but those who poffeffed a confiderable number of knight's fees, or a manor. 9. Whenever the first kings of the Norman race determined to hold a general affembly of their principal vaffals, (which was afterwards called a parliament), they iffued a writ of fummons to all their immediate tenants, requiring their attendance; but, when these tenants became very numerous, only the principal landholders or barones majores were particularly fummoned, by the king's writ; and the fheriffs of the different |