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as I

" humble advice to your Lordships herein. Here is represented to your Lordships certamen honoris, and,

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 Guynes ; shortly after “ the Conquest, made Great Chamberlain of England, “ above five hundred 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.

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“ This great honour, this high and noble dignity, to hath continued ever since in the remarkable fura

name of De Vere, by so many ages, descents, and generations, as no other kingdom can produce such

a peer, in one and the self-fame name and title. “ I find in all this length of time but two attainders “ of this noble family, and those in stormy and tem

pestuous 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 judgment : for I “ suppose, there is no man, that hath any apprehen. “ fion of gentry or nobleness, but his affection stands « to the 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 revolution ; there ** must be a period and an end of all temporal things, VOL. III.

finis

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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 “ intombed in the urns and fepulchres of mortality. “ And yet let the name and dignity of DE VERE “ stand so long as it pleaseth God.”

Coll. 175.

The Chief Justice and his brethren were of opinion that, although the earldom of Oxford was originally held in fee by the family of De Vere, yet that “ the “ honour of the said earldom of Oxford was intailed

upon Aubrey de Vere, and his heirs male, by the “ parliament of 16 Rich. 2.; and that an estate therein “ to the heirs males was sufficiently raised and created “ thereby, and so reputed and enjoyed by many de“ scents 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 intail.”

S 104. An estate in a dignity may be limited to a person in remainder, as in the case of the Earl of Northumberland; which has already been stated.

i Indt. 166. Seld. Id.c. 9. 1.1.

$ 105. Lord Coke says, that the king may create either a man or a woman noble for life, but not for years ; because then it might go to executors or administrators.

S 106. While

$ 106. While dignities were annexed to the poffef. No Curtesy

of a Dignity fion of particular lands, the husband of a woman, having such lands, was bound to perform the services for which they were held, and, among others, to attend the high court of parliament; so that he was entitled to the dignity during the joint lives of himself and his wife.

§ 107. Elizabeth, sister and heir of John de Say Dugd. Sum. Lord Say, (who died in 6 Rich. 2.) was twice married : first to Sir John de Tallejby, and, secondly, to Sir William Heron. She had no issue by either ; but each of them was summoned to parliament as long as he remained her husband.

$ 108. Monthermer, who had married the Dowager Vincent upon Countess of Gloucester, was summoned to parliament Tit. Gloucefas Earl of Gloucester during the minority of her son and ter,Coll Arm. heir. When the son came of age, he took his seat in parliament as earl, and Monthermer was summoned as a baron.

S 109. Where there was issue, the husband became i Inft. 29 6. tenant by the curtesy of the dignity. Thus, Lord Coke mentions a case in the reign of Henry 6., where a person was allowed to hold the dignity of Earl Salifbury, as tenant by the curtesy, in right of Alicia, the daughter and heir of the preceding Earl of Salisbury.

$ 110. In the reign of Henry 8., Mr. Wimbisha hav- Coll. 11. ing married a lady entitled to the dignity of Taylboys, a question arose, whether he ought to have the name of Q2

Lord

finis rerum, an end of names and dignities,
“ whatsoever is terrene; and why not of De Ver

“ For, where is BOHUN? Where is Mow
“ Where is MORTIMER? Nay, which is m
“ most of all, where is PLANTAGENET?"
“ intombed in the urns and fepulchres of
“ And yet let the name and dignity of

stand so long as it pleaseth God.”

.. Then

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Coll. 1750

The Chief Justice and his brethren we

de dig. that, although the earldom of Oxford

I like not held in fee by the family of De Vere, tian wo« honour of the said earldom of Oxfc

..at law, faid upon Aubrey de Vere, and his heir

of dignity, “ parliament of 16 Rich. 2.; and that

-, in France, “ to the heirs males was sufficiently 1

s in dignities, “ thereby, and so reputed and enjo

a

of every re“ scents of the earls, which could n “ the same was limited, if the sam

sido answered, “ ordinance of parliament; and th

as in France, “ descended, and then of right

should use the “ de Vere, as heir male of the f “ of the intail.”

e king asked

$ 104. An estate in a digni person in remainder, as in th Northumberland; which has a

; and, if he

might use it x confeffed that se curtesy, to be

common law ortances, of which gray was parcel of

; and that might

$ 105. Lord Coke says, that a man or a woman noble fc because then it might go to t

or confessed, add

{ Init. 16 b. Seld. Id. c. 9. 1.1.

* ATY, which was the

flion

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