"humble advice to your Lordships herein. Here is represented to your Lordships certamen honoris, and, as I may well fay, illuftris honoris, illuftrious honour. I heard a great peer of this realm, and a "learned, fay, when he lived, there was no king in "chriftendom had fuch a fubject as Oxford. He came "in with the Conqueror, Earl of Guynes; fhortly after "the Conquest, made Great Chamberlain of England, "above five hundred years ago, by HENRY I. the Conqueror's fon, brother to Rufus; by MAUD the emprefs, Earl of Oxford; confirmed and approved by Henry Fitz-emprefs, HENRY II., Alberico Comiti, "fo Earl before. "This great honour, this high and noble dignity, hath continued ever fince in the remarkable fur "name of De Vere, by fo many ages, defcents, and generations, as no other kingdom can produce fuch a peer, in one and the felf-fame name and title. "I find in all this length of time but two attainders "of this noble family; and thofe in ftormy and tem pestuous times, when the government was unfettled, "and the kingdom in competition. "I have laboured to make a covenant with myself, "that affection may not prefs upon judgment: for I "suppose, there is no man, that hath any apprehen "fion of gentry or noblenefs, but his affection ftands "to the continuance of fo 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 Coll. 175. 1 Inft. 166. Seld. Id. c. 9. f. I. "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." 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 faid 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 fufficiently raised and created "thereby, and fo reputed and enjoyed by many de"fcents of the earls, which could not have been, (as "the fame was limited), if the fame had only been an "ordinance of parliament; and that the faid honour "defcended, and then of right belonged to Robert "de Vere, as heir male of the faid Aubrey, by virtue "of the intail." S 104. An estate in a dignity may be limited to a perfon in remainder, as in the cafe of the Earl of Northumberland; which has already been stated. § 105. Lord Coke fays, 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. § 106. While $106. While dignities were annexed to the poffef fion of particular lands, the husband of a woman, having fuch lands, was bound to perform the fervices for which they were held, and, among others, to attend the high court of parliament; fo that he was entitled to the dignity during the joint lives of himself and his wife. No Curtefy of a Dignity. § 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 Tallefby, and, fecondly, to Sir William Heron. She had no iffue by either; but each of them was fummoned to parliament as long as he remained her husband. $108. Monthermer, who had married the Dowager Countess of Gloucester, was fummoned to parliament as Earl of Gloucefter during the minority of her fon and heir. When the fon came of age, he took his feat in parliament as earl, and Monthermer was fummoned as a baron. Vincent upon Tit. Gloucefter, Coll Arm. Brooke, § 109. Where there was iffue, the husband became 1 Inft. 29 b. tenant by the curtesy of the dignity. Thus, Lord Coke mentions a cafe 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. Wimbish hav- Coll, 11. ing married a lady entitled to the dignity of Taylboys, a question arose, whether he ought to have the name of Coll. 175. 1 Intt. 166. Seld. Id. c. 9. f. 1. “ finis rerum, an end of names and dignities, "For, where is BOHUN? Where is Mow 1 The Chief Juftice and his brethren we upon Aubrey de Vere, and his heir Med Then ", who ed, dig I like not tian wo at law, faid d of dignity, in France, sin dignities, 1 of every re king afked who anfwered, d, as in France, "de Vere, as heir male of the fath thould ufe the "of the intail." S 104. An estate in a dignit perfon in remainder, as in the Northumberland; which has alr $105. Lord Coke fays, that th a man or a woman noble for because then it might go to ex .eny to it, nts by i with his day mmitted; a baronefs, y children. at point, the e king's rea de, was thought heritance, more band; but, hav, in law, and was fore. that forafmuch as by at there was no force 'ne to him that had no Mr. Wimbish, nor none ld use the style of his y curtefy of England had for term of his life. The afore named applauded, ng this recognition of the Coll. 23. lignities, the claim of Richard : barony of Willoughby in right dutchefs of Suffolk, as tenant rejected; and Peregrine Bertie , in the life time of his father. S112, N 229 |