Lords' Journ. vol. 2 345.

had come to the crown by way of reversion, escheat, or forfeiture, and were granted again, referving other fervices. As to the third objection, that ancient barons aliened their castles, and still retained their dignities, he answered; that fuch baronies were created by writ, in which the perfons fummoned were named by the principal place of their abode; and, therefore, though they aliened their castle or manor, from which they were named, yet they retained their dignities.

It is faid in the Journals, "that the question feemed "nevertheless not fo perfectly and exactly refolved, દર as might give clear and undoubted fatisfaction to all "the confciences or judgments of all the lords, for "the precise point of right: and yet so much was "fhewn and alleged on each part, as in the opinion "of the house, (if it might stand with the king's "good pleasure and grace), made them both capable "and worthy of honor. It was, therefore, moved, "and fo agreed, that information fhould be given "unto the king's majesty of all the proceedings of "the faid court in this matter; and that humble "fuit fhould be made to his majesty from the lords, "for the ennobling of both parties, by way of resti"tution, the one to the faid barony of Bergavenny, "and the ancient place belonging to the fame, and the "other to the barony of Le Defpenfer." King James agreed to the propofal of the house of lords, but nevertheless required the lords to proceed to determine, upon which of the faid candidates the dignity of the barony of Bergavenny should in their judgments be fettled.

fettled. The queftion was propofed by the lord chancellor, whether the heir male should have the dignity of Bergavenny; and it was refolved by the greater number of voices for the heir male, that Nevill fhould be restored to the barony of Bergavenny, and fettled therein. A writ of fummons was, in confequence, iffued to Edward Nevill; in conformity to which he took his feat in the house of lords, as baron Bergavenny.

§ 45. The manor of Kingston Lifle, in the county of Berks, was formerly a barony, to the poffeffion of which was annexed the title and dignity of baron and lord Lifle.

This appears from letters patent under the great feal, 22 Hen. 6. by which that prince, reciting that Warinus lord Lifle was feised of the manor of Kingston Lifle, from whom it defcended to Sir John Talbot, as one of his heirs and reciting, that the faid Warinus and all his predeceffors, on account of the faid lordship and manor, had enjoyed the name and dignity of baron and lord Lifle, from time immemorial, and had place in all parliaments as other barons of the realm of England; granted to the faid John Talbot,-Quod ipfe et hæredes fui, domini dictorum dominii et manerii de King fton Lifle, ex munc domini et barones de Lifle, ac barones, nobiles, et proceres regni noftri habeantur, teneantur et reputentur, &c. &c. prout prædictus Warinus, feu aliquis alius baroniam et dominium prædict, babens et occupans, habuit et tenuit, &c. habendum, &c. eidem Johanni hæredibus et affignatis fuis in perpetuum, &c.

By

Collins, 287.

By another charter, 15 Edw. 4., reciting as in the former charter, and that Edward Grey was feifed in right of Elizabeth his wife, who was the grand daughter and heir of the faid John Talbot, of the lordship and manor of Kingston Lifle; that prince grants to the faid Edward Grey the title and dignity of Baron Lifle, habendum to the said Edward and his heirs by the faid Elizabeth.

§ 46. In the cafe of the barony of Fitzwalter, heard before the Privy Council in 1669, the counsel for one of the claimants affirmed, that the fame was a barony by tenure, and ought to go along with the land; which was denied by the counsel on the other fide, who offered to argue upon the fame. "Upon which, "both parties being ordered to withdraw, and the "nature of a barony by tenure being difcourfed; it "was found to have been discontinued for many ages, and not in being, and so not fit to be revived, "or to admit any pretence of right of fucceffion there66 upon: and, the pretence of a barony by tenure being declared, for weighty reasons, not to be in"fifted on, the counfel were called in," &c.

§ 47. It is, however, observable, that, when the burthenfome part of the feudal tenures was abolished by the statute 12 Car. 2., care was taken not to destroy feudal dignities, by a provifo, (§ 11.), which declares, that nothing in that act "fhall infringe or hurt any "title of honour, feodal or other, by which any per"fon had or might have a right to fit in the Lords' "House of Parliament, as to his or their title of ho

nour or fitting in Parliament, and the privileges "belonging to them as peers."

§ 48. The fecond mode of creating dignities is by Of Dignities writ. In which cafe, the king iffues his writ of fum- by Writ. mons to a perfon, requiring him to come and attend

his parliament on a particular day, and there to confult with the peers of the realm on certain matters. Coll. 118. This mode of creating dignities, is generally fuppofed to have been adopted in the 49th year of Hen. 3.: for, in confequence of the barons' wars, (which took place during that reign), a great number of the antient nobility was destroyed; and, therefore, when a parliament was called by him at Winchester, and afterwards at Westminster, he, to increase that order, iffued his writs to several perfons, who did not hold their lands per baroniam.

§ 49. Selden obferves, that, in confequence of the Id. f. 22. practice of fummoning perfons to parliament, who did not hold per baroniam, barons became divided into two kinds, barons by writ and tenure, and barons by writ only. Barons by writ and tenure, were fuch as, having poffeffion of their antient baronies, were called by feveral writs to parliament, according to the ftipulations contained in king John's charter respecting the barones majores. Barons, by writ only, were fuch as were called by a like writ of fummons, although they had no poffeffions of the description of honorary baronies. And Sir William Blackstone obferves, that, in confequence Comm.400. of this practice, actual proof of a tenure by barony

became no longer neceffary to conftitute a lord of par

The Perfon fummoned muft fit.

Lord Abergavenny's Cafe,

12 Rep. 78.

liament; but the record of the writ of fummons, to him, or his ancestors, was admitted as fufficient evidence of the tenure.

§ 50. A writ of fummons has not the effect of conferring a dignity on the perfon fummoned, until he has actually taken his feat in parliament by virtue of the writ so that, where a person was fummoned to parliament by writ, and died before the meeting of parliament, it was held that he was not a peer.

5 51. A queftion arofe in the parliament, holden 8 Jac. 1., whether Edward Nevill, who was called 1-Inft, 166. by writ to parliament in the 2 and 3 Mary, and died before the parliament met, was a baron or not. And it was refolved by the Lord Chancellor, the two Chief Juftices, Chief Baron, and divers other justices there prefent, "that the direction and delivery of the "writ did not make him a baron or noble, until he "came to parliament, and there fit according to the "commandment of the writ; for, until that, the writ "did not take its effect. And, in 39 Hen. 6., he is "called a peer of parliament, which he cannot be "until he fits in parliament; and he cannot be of the "parliament, until the parliament begin. And, for"asmuch as he hath been made a peer of parliament

by writ, (by which implicitly he is a baron), the "writ hath not its operation and effect until he fit in

parliament, there to confult with the king and the "other nobles of the realm: which command, by his "fuperfedeas, may be countermanded; or the faid "Edward Nevill might have excufed himself to the