FREE BOOKS

Author's List




PREV.   NEXT  
|<   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362  
363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   >>   >|  
them, and certain other great officers of the realm, than of other men: scandal against them being called by the peculiar name of _scandalum magnatum_; and subjected to peculiar punishment by divers antient statutes[a]. [Footnote s: 3 Inst. 30, 31.] [Footnote t: 2 Inst. 50.] [Footnote u: Finch. L. 355. 1 Ventr. 298.] [Footnote w: 2 Inst 49.] [Footnote x: 1 P. Wms. 146.] [Footnote y: Salk. 512.] [Footnote z: Cro. Car. 64.] [Footnote a: 3 Edw. I. c. 34. 2 Ric. II. st. 1. c. 5. 12 Ric. II. c. 11.] A PEER cannot lose his nobility, but by death or attainder; hough [Transcriber's Note: though] there was an instance, in the reign of Edward the fourth, of the degradation of George Nevile duke of Bedford by act of parliament[b], on account of his poverty, which rendered him unable to support his dignity[c]. But this is a singular instance: which serves at the same time, by having happened, to shew the power of parliament; and, by having happened but once, to shew how tender the parliament hath been, in exerting so high a power. It hath been said indeed[d], that if a baron waste his estate, so that he is not able to support the degree, the _king_ may degrade him: but it is expressly held by later authorities[e], that a peer cannot be degraded but by act of _parliament_. [Footnote b: 4 Inst. 355.] [Footnote c: The preamble to the act is remarkable: "forasmuch as oftentimes it is seen, that when any lord is called to high estate, and hath not convenient livelyhood to support the same dignity, it induceth great poverty and indigence, and causeth oftentimes great extortion, embracery, and maintenance to be had; to the great trouble of all such countries where such estate shall happen to be: therefore, &c."] [Footnote d: By lord chancellor Ellesmere. Moor. 678.] [Footnote e: 12 Rep. 107. 12 Mod. 56.] THE commonalty, like the nobility, are divided into several degrees; and, as the lords, though different in rank, yet all of them are peers in respect of their nobility, so the commoners, though some are greatly superior to others, yet all are in law peers, in respect of their want of nobility[f]. [Footnote f: 2 Inst. 29.] THE first name of dignity, next beneath a peer, was anciently that of _vidames_, _vice domini_, or _valvasors_[g]: who are mentioned by our antient lawyers[h] as _viri magnae dignitatis_; and sir Edward Coke[i] speaks highly of them. Yet they are now quite out of use; and our lega
PREV.   NEXT  
|<   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362  
363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   >>   >|  



Top keywords:

Footnote

 

nobility

 
parliament
 

estate

 
support
 

dignity

 

peculiar

 
called
 

poverty

 

Edward


instance

 

oftentimes

 

respect

 
antient
 

happened

 

convenient

 
livelyhood
 

induceth

 

forasmuch

 

embracery


chancellor
 

maintenance

 
trouble
 
extortion
 

causeth

 
remarkable
 

preamble

 

countries

 

indigence

 

happen


degrees

 

lawyers

 

mentioned

 
magnae
 

vidames

 

anciently

 

domini

 

valvasors

 

dignitatis

 

speaks


highly

 

beneath

 
commonalty
 

divided

 

superior

 

greatly

 

commoners

 

Ellesmere

 

scandalum

 
magnatum