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S 78. Another mode of creating dignities is, by Of Dignities
by Letters charter, or letters patent, under the great seal, by Patent. which the king grants to an individual a dignity or title of honour, and invests him with the dignity, by delivery of the charter, girding with a sword, &c.
Thus, the Ante,
$ 79. This mode of conferring dignities appears to Coll. 522.
f. . have been practised at a very early period. Thus, the Empress 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- Fæd. vol. 1.
p. 8. Sciatis, me fecise Milonem de Gloucestria comitem de Hereford, et dedisse ei motam de Hereford, cum toto castello, in feodo et hæreditate, fibi et hæredibus suis, ad tenendum de me et hæredibus meis. Dedi etiam ei tertium denariam redditus burgi Hereford quicquid Vincent,
. unquam reddat, et tertium denarium placitorum totius No. 3. Coll.
Arm. comitatus Hereford
S 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 Sussex unde comes est.
King Henry 3. gave to Edmund his fon, honorem comitatum caftrum et villam de Lancaster.
The same king gave the earldom or honour of Richa, mond, to his uncle Peter of Savoy and his heirs, vel cuicunque de fratribus vel confanguineis fuis en dare vel afignare voluerit.
Vol. 2. 273:
S 81. It appears from the rolls of parliament, that, in 36 Edw. 3., the chancellor declared to the parliament, that the king intended to advance to honour such of his fons as were of full age. That his son Lionel, who was then in Ireland, should be Duke of Clarence, to him and the heirs male of his body. That his son John should be Duke of Lancaster, and his son Edmund, Earl of Cambridge. After which the king, in full parliament, did gird his son John with a sword, and set on his head a cap of fur, and upon the same a circlet of gold and pearls ; and named him Duke of Lancaster, and thereof
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.
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 Ducatus Eborum titulum affignantes, et romen. 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 circle of gold, or a coronet.
Rot. Parl. S 83. In 11 Rich. 2., the commons petitioned the Vol.3. P.250. king to confer some honour on his brother, Sir John
Holland ; in consequence of which, he, with the consent
of parliament, created him Earl of Huntingdon by a charter, which the king delivered to himn, and by girding him with a sword; to hold to him and the heirs Vide Id. 264male of his body by Elizabeth his wife, with a pension 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-343. that, 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 sovereign, 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 sword.
S 85. In the rolls of parliament, 21 Ric. 2., there Vol.3.P. 355. is an account of the creation of several dukes by char. · ter, and investiture. The Countess of Norfolk was, at the same time, created a duchess for her life; and, Vide Bacon's
Works, Vol.4. she being absent, her charter was sent to her.
$ 86. The usual manner of creating barons, in antient times, was by writ of summons; but, in the 11th year of Rich. 2., John Beauchamp de Holt was created Baron of Kidderminster by letters patent: before whom, says Lord Coke, there never was any baron 1 Inst. 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.
S 87. Dugdale
Baron. Voi. a. p. 195.
S 87. Dugdale says, that the solemn investiture of barons, created by patent, was performed by the king himself, by putting on a robe of scarlet, as also 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 sufficient, without any ceremony.
S 88. Lord Coke observes, that where a person is created a peer by letters patent, the state of inheritance must be limited by apt words, or else the grant is void. The usual words are, to hold to the grantee and the heirs male of his body; though it is sometimes only for the life of the grantee. But Mr. Selden fays, there was no instance of the grant of a dignity by letters patent to a person, and his heirs generally,
Id. f. 28.
S 89. The most singular 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 such issue, to the heirs of her body by the said Earl ; with a declaration, “ that, if at any “ time or times after the death of the faid Mary " Countess of Kent,' and default of issue male of her
body by the said Earl begotten, there shall be more " persons than one, who shall be coheirs of her body
by the said Earl, the said honour, title, and dignity « shali
go, and be held and enjoyed, from time to time, by such of the said coheirs, as by course of descent at the common law should be inheritable to other
6 entire and indivisible inheritances, as namely, an « office of honour and public trust, or a castle for the “ necessary defence of the realm, or the like ; in case
any such inheritance was given or limited to the " said Mary, and the heirs of her body by the said “ Earl begotten.” And, by a private act of parliament, 15 Cha, 2., this declarative clause is ratified and confirmed.
S go. In the case of letters patent, the creation of Inft. 166. the dignity is perfect and complete ; although the 12 Rep. 76. grantee should die before he has taken his seat in parliament.
S 91. Thus it appears from the Lords' Journals, Vol. 21. that Henry Waldegrave, being by letters patent 1 Jac. 2. p. 682. created Baron Waldegrave de Chenton, to him and the heirs male of his body, but dying before he fat in parliament, his son James was introduced in his robes, and took his feat.
The present Lord Walsingham took his seat under the same circumstances.
S 92. It was a common opinion, that a dignity A Dignity
need not be must be created of some particular place, in order that
of any Place, it might appear to be annexed to land, and thereby become a real hereditament. But, in the case 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