Dignities of this kind being descendible to females have generally been called baronies in fee: but this is not strictly so, for they are descendible only to the lineal Infra, c.3. heirs of the person first summoned.

tailed.

7 Rep. 33.

7. A dignity may be entailed within the statute De May be enDonis, for it concerns land. Thus it was resolved by all the judges in 7 James that where Ralph Nevill was, by Nevill's case, letters patent, created earl of Westmoreland, to him and the heirs male of his body, an estate tail was thereby raised; and not a fee conditional at common law. And Lord Coke says, a name of dignity may be entailed Inst. 20. a, within the statute, as dukes, marquisses, earls, viscounts, and barons; because they are named of some county, manor, town, or place.

8. A dignity may not only be entailed at its first creation; but also a dignity originally descendible to heirs general may be entailed, by an act of parliament upon the heirs male of the body of the person seised thereof...

12 Rep. 81.

Oxford.

9. Robert de Vere, duke of Ireland and earl of Ox- Earldom of ford, was attainted in 11 Rich. 2. by parliament. And in 16 Rich. 2. that prince, by assent of parliament, restored to Aubrey de Vere, and his heirs male for ever, the estate and honour of earl of Oxford.

W. Jones, 96.

In the year 1626, a contest arose, in consequence of Collins, 173. the death of Henry de Vere, earl of Oxford, respecting the right to that earldom, between Robert de Vere, claiming under the entail, created by the act 16 Rich. 2. as heir male of the body of Aubrey de Vere, and Lord Willoughby of Eresby, claiming as heir general to the last earl.

The case was referred by King Charles I. to the House of Lords, who called to their assistance Lord Ch. Just. Crew, Lord Ch. Baron Walter, Doddridge, and Yelverton, Justices; and Baron Trevor. Their opinion on this point was delivered by Lord Chief Just. Crew; whose exordium is so eloquent, that it shall be transcribed.

"This great and weighty cause incomparable to any other that hath happened at any time requires great deliberation, and solid and mature judgment, to determine it; and I wish that all the judges of England had heard it, (being a fit case for all) to the end we altogether might have given our humble advice to your Lordships herein. Here is represented to your Lordships certamen honoris ; and, as I 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 Gwynes: 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. This great honour, this high and noble dignity, hath continued ever since in the remarkable sirname of De Vere, by so many ages, descents, and generations, as no other kingdom can produce such a peer, in one and the selfsame name and title. I find in all this length of time but two attainders of this noble family; and those in stormy and tempestuous 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 apprehension 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 revolutions: there must be a period and an end to all temporal things-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 entombed in the urns and sepulchres of mortality.

2

And yet let the name and dignity of De Vere stand so long as it pleaseth God."

The Lord Chief Justice and his brethren were unanimously of opinion, that although the earldom of Oxford was originally held in fee simple by the family of De Vere, yet" that the honour of the said earldom of Oxford was entailed upon Aubrey De Vere and his heirs male by the parliament of 16 Rich. 2.; and that an estate therein to the heirs male was sufficiently raised and created thereby; and was so reputed and enjoyed by many descents 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 entail."

537.

The House of Lords resolved accordingly, and the Journal, Vol. 3, next day Robert De Vere took his seat as earl of

Oxford.

10. An estate in remainder may be limited in a dig- With a remainnity, to commencé after the determination of an estate der over. tail. Thus the earldom of Northumberland was granted to Thomas Percy and the heirs male of his -body; and for default of such issue, to Henry his bro- 7 Rep. 34. a. ther, and the heirs male of his body.

11. In Lord Purbeck's case, Show. Parl. Ca. 11, it is said arguendo that if honors be entailed, it is not of Ld. Raym. the same nature with other inheritances. Neither doth 52. Fearne, any lord sit here by title of a remainder but by virtue of 529. a new grant in the same patent.

Cont. Rem.

life.

12. Lord Coke says the King may create either a Or granted for man or a woman noble for life, but not for years; because it might then go to executors or administrators.

13. There are several modern instances of dignities granted to a person for life, with a remainder over to their second sons; such as the cases of the late duke of Northumberland, and the late duke of Montague.

14. While dignities were annexed to the possession Not subject to

curtesy.

Dugd. Sum.

Pref.

Idem.

of particular castles, manors, &c. the husband of a woman possessed of such castles, manors, &c. was bound to perform the services due for them to the Crown; and amongst, others, that of attendance on parliament. So that he enjoyed the dignity during the joint lives of himself and his wife.

15. Monthermer, who married the duchess dowager Vin.on Brooke of Gloucester, was summoned to parliament in 27 Edw. I. as earl of Gloucester, and to all succeeding parliaments during her life: when she died, her son became earl of Gloucester, and Monthermer was summoned as a baron.

12 Rep. 112.

1 Inst. 29 b.

16. Where there was issue, the husband became tenant by the curtesy of the dignity. Thus Lord Coke mentions a case in the reign of Hen. VI. where a person was allowed to hold the dignity of earl of Salisbury, as tenant by the curtesy, in right of his wife Alicia, the daughter and heir of the preceding earl, by whom he had issue.

17. In the reign of King Henry VIII., Mr. Wymbish having married a lady entitled to the dignity of Taylboys, a question arose, whether he ought to have the name of Lord Taylboys, in right of his wife, or not. The King consulted the two Chief Justices, Doctor Gardiner Bishop of Winchester, and Garter. First, the King demanded of the two Chief Justices, whether, by law, Mr. Wymbish ought to have the name of Lord Taylboys, in right of his wife, or not. They answered that the common law dealeth little with the titles and customs of chivalry: but such questions had always been decided before the constables and marshals of England. Then the King moved the questions to Doctor Gardiner, who answered, that by the law which he professed, dignity was denied both to women and to Jews. I like not that law, quoth the King, that putteth Christian women and Jews in the same predicament. That law, said Doctor Gardiner, as I take it, is to be intended of dignity, whereunto public office is

annexed; for in France women succeed as well to their ancestors in dignities as in patrimonies; therefore the custom of every region is to rule those things. Then the King asked Garter of the custom of England, who answered that it had been always used so in England as in France, that the husband of a baroness by birth should use the style of her barony, so long as she lived ; and if he were tenant by the curtesy, then that he might use it for term of his life. The Chief Justice confessed that custom concerning the tenant by the curtesy to be consonant to the common law; for the common law admitted him to all his wife's inheritances, of which she was seised during the coverture, and that might descend to their issue; and the dignity was parcel of the inheritance: which Doctor Gardiner confessed; adding that the law granting the more, which was the possession of the barony, could not be intended to deny the less, which was the dignity; a thing incident to it.

As it standeth with law, said the King, that tenants by curtesy should have the dignity, so it standeth with reason: but I like not that a man should be this day a lord, and to-morrow none, without crime committed; and it must so fall out in the husband of a baroness, if she die having never had by him any children.

The Chief Justice confirmed, that in that point the common law dissented not much from the King's reason; for the husband that never had issue was thought to have no interest in law in his wife's inheritance, more than in respect only that he was a husband: but having a child then he acquired a state in law, and was admitted to do homage, and not before.

The King for resolution said, that forasmuch as by their speeches he understood that there was no force of reason or law to give the name to him that had no issue by his wife; that neither Mr. Wymbish, nor none other, from thenceforth should use the style of his wife's dignity, but such as, by curtesy of England, had also