$ 78. Another mode of creating dignities is, by charter, or letters patent, under the great feal, by which the king grants to an individual a dignity or title of honour, and invefts him with the dignity, by delivery of the charter, girding with a fword, &c.

Of Dignities by Letters Patent.

Ante, f.

$ 79. This mode of conferring dignities appears to Coll. 122. have been practised at a very early period. Thus, the Emprefs Maud conferred the earldom of Hereford on Milo de Gloucester, by a charter which has been published by Rymer, and is one of the most ancient extant. The operative words of this charter are- Fad. vol. 1. Sciatis, me feciffe Milonem de Glouceftria comitem de Hereford, et dediffe ei motam de Hereford, cum toto caftello, in feodo et hæreditate, fibi et hæredibus fuis, ad tenendum de me et hæredibus meis. Dedi etiam ei tertium denariam redditus burgi Hereford quicquid Vincent, unquam reddat, et tertium denarium placitorum totius comitatus Hereford.

§ 80. King Richard 1. granted to William Earl of Arundel, the castle of Arundel, with all the honour of Arundel, et tertium denarium de placitis de Suffex unde comes eft.

King Henry 3. gave to Edmund his fon, honorem comitatum caftrum et villam de Lancaster.

The fame king gave the earldom or honour of Richmond, to his uncle Peter of Savoy and his heirs, vel cuicunque de fratribus vel confanguineis fuis ea dare vel affignare voluerit.

No. 3. Coll.

Arm.

Vol. 2. 273:

§ 81. It appears from the rolls of parliament, that, in 36 Edw. 3., the chancellor declared to the parlia ment, that the king intended to advance to honour fuch of his fons as were of full age. That his fon Lionel, who was then in Ireland, fhould be Duke of Clarence, to him and the heirs male of his body. That his fon John fhould be Duke of Lancaster, and his fon Edmund, Earl of Cambridge. After which the king, in full parliament, did gird his fon John with a fword, and fet on his head a cap of fur, and upon the fame a circlet of gold and pearls; and named him Duke of Lancaster, and thereof gave him a charter.

In like manner, the king girded his fon Edmund with a fword, and named him Earl of Cambridge, and thereof gave him a charter.

Vol.3. p 205. § 82. In the rolls of parliament, 9 Rich. 2., there is an account of the confirmation of the charter, by which that king 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 Ducatús Eborum titulum affignantes, And the king, with the confent of parliament, confirmed it, and invefted him with the dignity, by delivery of the charter, girding him with a fword, and putting on his head a cap of honour, and a circle of gold, or a coronet.

Rot. Parl.

et nomen.

§ 83. In 11 Rich. 2., the commons petitioned the Vol.3. p.250. king to confer fome honour on his brother, Sir John Holland; in confequence of which, he, with the confent

of

of parliament, created him Earl of Huntingdon by a charter, which the king delivered to him, and by gird

ing him with a sword; to hold to him and the heirs Vide Id. 264male of his body by Elizabeth his wife, with a penfion

of 201. a year out of the profits of the county of Huntingdon.

§ 84. It also appears from the rolls of parliament, Vol.3.p. 343that, in 20 Rich. 2., the chancellor informed the parliament, that the king had created John de Beauford Earl of Somerset; whereupon, he was brought before the fovereign, between the Earl of Huntingdon and the Earl Marshal, arrayed in a robe, as in a vesture of honour, with a sword carried before him; and the charter of his creation was read before the king and parliament; after which, the king girded him with a fword.

§ 85. In the rolls of parliament, 21 Ric. 2., there Vol.3.p.355. is an account of the creation of several dukes by charter, and investiture. The Countess of Norfolk was, at the fame time, created a duchefs for her life; and, the being abfent, her charter was sent to her.

§ 86. The ufual manner of creating barons, in antient times, was by writ of fummons; but, in the 11th year of Rich. 2., John Beauchamp de Holt was created Baron of Kidderminster by letters patent: be

Vide Bacon's Works, Vol.4. p.637.

fore whom, fays Lord Coke, there never was any baron 1 Inft. 166. created by letters patent, but by writ. And, therefore, whenever a barony appears to have existed before

the 11 Rich. 2., it must be taken to be either a barony by tenure, or by writ.

§ 87. Dugdale

Baron. Vol. 2.
P. 195.

I Inft. 166.

Id. f. 28.

§ 87. Dugdale fays, that the folemn inveftiture of barons, created by patent, was performed by the king himself, by putting on a robe of fcarlet, as alfo a mantle and a hood furred with minever. This form of creation continued until 13 James, when the lawyers declared, that the delivery of the letters patent was fufficient, without any ceremony.

§ 88. Lord Coke obferves, that where a perfon is created a peer by letters patent, the state of inheritance must be limited by apt words, or else the grant is void. The ufual words are, to hold to the grantee and the heirs male of his body; though it is fometimes only for the life of the grantee. But Mr. Selden fays, there was no inftance of the grant of a dignity by letters patent to a person, and his heirs generally,

§ 89. The most fingular limitation of a dignity which I have seen, is that of the barony of Lucas of Crudwell it was granted by letters patent 15 Cha. 2. to Mary Countess of Kent, to hold to her and the heirs male of her body begotten, by the Earl of Kent ; and, for want of fuch iffue, to the heirs of her body by the faid Earl; with a declaration, "that, if at "time or times after the death of the faid Mary "Countess of Kent, and default of iffue male of her body by the faid Earl begotten, there fhall be more

any

perfons than one, who fhall be coheirs of her body

by the faid Earl, the faid honour, title, and dignity "shall go, and be held and enjoyed, from time to time, by fuch of the faid coheirs, as by course of defcent at the common law fhould be inheritable to other ❝ entire

"entire and indivifible inheritances, as namely, an "office of honour and public truft, or a caftle for the "neceffary defence of the realm, or the like; in case

any fuch inheritance was given or limited to the "faid Mary, and the heirs of her body by the faid "Earl begotten." And, by a private act of parliament, 15 Cha. 2., this declarative clause is ratified and confirmed.

§ 90. In the cafe of letters patent, the creation of 1 Inst. 166. the dignity is perfect and complete; although the 12 Rep. 71. grantee fhould die before he has taken his feat in par

liament.

S 91. Thus it appears from the Lords' Journals, Vol. 21. that Henry Waldegrave, being by letters patent 1 Jac. 2. created Baron Waldegrave de Chenton, to him and the heirs male of his body, but dying before he fat in parliament, his fon James was introduced in his robes, and took his feat.

The present Lord Walfingham took his feat under the fame circumstances.

need not be of any Place,

S 92. It was a common opinion, that a dignity A Dignity must be created of fome particular place, in order that it might appear to be annexed to land, and thereby become a real hereditament. But, in the cafe of Mr. Knollys, who claimed to be Earl of Banbury, and was indicted by that title, and a plea put in that it did not appear that Banbury was in England, Lord Holt . was of opinion, that the place, from whence a patentee

took