The King is fore can create and confer dignities and honours. not only the fountain; but the parent of them. Nor can even an ordinance of the House of Lords confer peerage (a). The titles of nobility now in use are dukes, marquesses, earls, viscounts and barons. These titles were introduced into this country by its Kings at different periods (b); and consequently the degrees of nobility are not of equal antiquity. The most exalted in point of rank are not the oldest. Thus the titles of earl and baron, which were the only titles of nobility used before the reign of Edward the 3d (c), seem to have existed before the Norman Conquest; at least traces of their existence before that event have been developed; though it appears certain that the exact nature of these titles and the duties which the possessors of them were bound to observe were more clearly ascertained and fixed by the Conqueror (d). The dignity of a duke was first conferred on a subject in this country by Edward 3. who created his son the Black Prince, Duke of Cornwall (e). This was done with great solemnity in full Parliament at Westminster, March 17, 1337. Many persons were afterwards raised to the like honour. However in the reign of Queen Elizabeth, 1572, the whole order became utterly extinct; but it was revived about 50 years afterwards by her successor, who was remarkably prodigal of honours, in the person of George Villiers, duke of Buckingham. The title of Marquis was afterwards introduced into England by Richard the 2nd (f); who conferred it on Robert de Vere, Earl of Oxford: and Henry the 6th introduced that of viscount, by creating John Beaumont a peer, by the name of Viscount Beaumont (g). Various offices and duties were formerly attached to most of these titles (h); and there can be no doubt that they were originally territorial, that is, annexed to lands, honours, castles, manors, and the like, the proprietors and possessors of which were (in right of those estates) allowed to be peers of the realm, and were summoned to Parliament to do suit and service to their sovereign: and when the land was alienated, the dignity passed with it as appendant. Thus the bishops still sit in the House of Lords in right of succession to certain antient baronies annexed, or supposed to be annexed, to their episcopal lands (a): and thus in 11 Hen. 6. the possession of the castle of Arundel was adjudged to confer an earldom on its possessor (b). But afterwards when alienations grew to be frequent, the dignity of peerage was confined to the lineage of the party ennobled, and instead of being territorial, became personal. Actual proof of a tenure by barony became no longer necessary to constitute a lord of Parliament; but the record of the writ of summons to him, or his ancestors, was admitted as a sufficient evidence of the tenure (c). At the present day therefore, peers may be and frequently are created by the King, though no office or property is annexed to them. It is indeed immaterial whether the place from whence a peer takes his title really existed (d). The creation of peers is effected either, 1, by writ, or 2, by patent, (usually by the latter mode): for those who claim by prescription must suppose either a writ or patent made to their ancestors; though by length of time it is lost (e). 1. The creation by writ (which is more antient than the creation by patent) (ƒ), is a summons to attend the house of peers by the style and title of that barony which the King is pleased to confer (g): but the writ does not take effect, and the party is not ennobled until he has taken his seat in Parliament by virtue of his Majesty's, summons (h). Some are of opinion that there must be at least two writs of summons and a sitting in distinct Parliaments to evidence an hereditary barony (i). The King may in his writ of summons restrain the mode in which the dignity is to descend, to males exclusive of fe (a) Glan. I. 7. c. 1. (b) Seld. Tit. of Hon. b. 2. c. 9. s. 5. (c) 1 Bla. Com. 399, 400. 3 Cruis. Dig. 174, 185, &c. 219 Rot. Parl. 4 vol. 441; 5 vol. 148. 1 Dugd. Bar. 322, 323, 361, 363, 365. Collins, 115. 61, 113, 116, 287. Lords' Journ. 1 vol. 516; 2 vol. 345. (d) Ibid. Ld. Raym. 13. (e) 1 Bla. Com. 400. As to a dignity by prescription, see 1 Bulstr. 196. (S) Co. Lit. 16, b. (g) Bla. Com. 400. (h) 12 Co. Rep. 78. Co. Lit. 16, b. 3 Cruise Dig. 194. 1 Bla. Com, 400. The sitting in Parliament must be proved by the records of Parliament. Co. Lit. 16, b. 1 Lord Raym. 14. 3 Cruise Dig. 195. (i) 1 Bla. Com. 400. Whitelock of Parl. c. 114. males; males (a); yet it seems clear on principle, and has been accordingly determined, that if no such restraint be made, the dignity created by the sitting in pursuance of the summons, descends to the lineal heirs male and female, of the person first summoned (b). Lord Coke, indeed, states that "if one be generally called by writ to the Parliament, he hath a fee-simple in the barony, without any words of inheritance (c)," but this is clearly a mistake; for the person summoned has not a fee-simple, but an estate tail general, in the dignity. If he were tenant in fee-simple, the dignity would descend to the heirs general, lineal or collateral, of the person last seised, whereas a dignity of this kind is only inheritable by such of his heirs as are lineally descended from the person first summoned to Parliament, and not to any other of his heirs (d)." Lord Coke himself appears to have corrected his mistake in the same page by saying, "and thereby his blood is ennobled to him and his heirs lineal (e)." It is frequent to call up the eldest son of a Peer to the House of Lords by writ of summons, in the name of his father's barony: because in that case there is no danger of his children losing the nobility in case he never takes his seat, for they will succeed to their grandfather (ƒ). It has been often determined that a writ of summons of this kind to the eldest son of a nobleman, creates a dignity in such son, and renders it hereditary in his blood (g). But it must be remembered that where the summons to Parliament is by the title of the father's barony, the son summoned has no other title in the barony than the father has; for the effect of the writ of summons in this case is merely to accelerate and anticipate the son's succession, and therefore in a modern case, where the father's barony was limited by patent to him and the heirs male of his body, and his eldest son was called up to the House of Lords by writ, with the title of this barony, it was held that the writ did not create a fee or a general estate tail, so as to make a female capable of inheriting the title, but 244, 254. (e) And see 1 Wooddn. 37, note y. 1 Bla. Com. 400, note 6. Christian's ed. (f) 1 Bla. Com. 400. (g) See Lords' Journ. 25 vol. 11, 39, 112, 130. 3 Cruise Dig. 207, &c. that upon the father's death the two titles unite or become one and the same (a). The creation by patent under the great seal, is a royal grant to a subject of any dignity and degree of peerage (b). Antiently a certain corporeal ceremony or investiture was considered necessary to perfect a dignity created by patent, but it has long since been settled otherwise (c); and that the creation of the dignity by letters patent is complete, although the grantee die before he has taken his seat (d). The patent must contain apt words to direct the inheritance in the dignity conferred, else it will enure to the grantee for life only, and his descendants will have no claim to it (e). We have just seen that the King may restrain the descent of a dignity, and his Majesty may also make either a man or a woman noble for life, but not for years, because then it might go to executors or administrators (ƒ). A person may also have a qualified fee in a dignity (g), nor can there be any objection to its being limited in remainder (h). Where a person who has a dignity, marries, his wife becomes entitled to the same during her life, unless she afterwards marry a commoner; for as she acquired, so she loses, her dignity by marriage. But where a woman who has a dignity in her own right marries a commoner, she still retains her dignity (2), though she communicates no rank or title to her husband (k); and it seems that he is not entitled to be tenant by the curtesy of his deceased wife's title, though this latter point is certainly far from being clear (1). It is laid down by great authority, that if a Duchess by marriage, marry a Baron, she continues a Duchess still; for all the nobility are pares, (a) Case of the claim to the barony of Sydney of Penhurst, disallowed. Dom. Proc. 17 June, 1782; 5 Bro. Cas. in Parl. 509. 3 Cruise Dig. 211, 212. (b) 3 Com. Dig. 215. 1 Bla. Com. 400. (c) 3 Cruise Dig. 218. (d) 1 Inst. 16, b. 12 Rep. 71. Lords' Journ. 21 vol. 682. 3 Cruise Dig. 219. 1 Ld. Raym. 10, 14. (e) Co. Lit. 16, b. 3 Cruise Dig. 218. 16. 1 Bla. Com. 401. (ƒ) 1 Inst. 27, a. 3 Cruise Dig. 222. It has been supposed that a man may be made noble for the life of another. 52 Hen. 6, 29; by Danby. Co. Lit. 16, b. note 6. (g) 1 Inst. 27, a. 3 Cruise Dig. 222. (h) 3 Cruise Dig. 226. As to entailing a dignity, 3 Cruise 223. s. 101, &c. (i) 1 Inst. 16, b. Dyer, 49. Nobility gained by marriage is to be tried by jury. 6 Co. 53, a. Ld. Raym. 14. (k) Hargr. Co. Lit. 326, b. (4) Co. Lit. 29, b. note 1. 3 Cruise, 227. sect. 106 to 113. and and therefore it is no degradation (a). The contrary has, however, been asserted (b); and on principle the latter opinion seems correct, for though the nobility are, generally speaking, pares, yet there are doubtless different gradations of rank among them; nor does there seem any reason why the degradation to the husband's degree should not take place: and Mr. Cruise observes (c), that at the coronation of his present Majesty, the Duchess Dowager of Leeds, then the wife of Lord Portmore, claimed to walk as a Duchess, but it was refused. The King may legally grant to a Scotch Peer a patent of peerage of Great Britain, with all the privileges incident thereto, which was determined by the House of Lords after the unanimous opinion of the Judges to the same effect, in the case of the Duke of Hamilton, who claimed to sit and was accordingly held entitled to sit, as Duke of Brandon (d). On the other hand, an English Peer may take a Scotch peerage by descent (e). By the common law, his Majesty might give any nobleman precedence and place in public assemblies, even before others who enjoyed a more antient dignity of the same or a higher degree of nobility (f); but this latter prerogative is restrained (g) by the statute 31 Hen. 8. c. 10. and 1 W. & M. sess. 1. c.. 21. which settle the place and precedence of all the nobility and great officers of state (h). The seventh section of the 31 Hen. 8. enacts, "that all Dukes not aforementioned, Marquesses, Earls, Viscounts, and Barons, not having any of the offices therein mentioned, shall sit and be placed after their antienty, as hath been accustomed." As however this statute does not extend to Ireland (i), the King still retains this prerogative in that country, without any legal restrictions, except it be by virtue of the 4th article of the 39 and 40 G. 3.. c. 67. the Irish Act of Union, which enacts "that as often as three of the Peerages of Ireland, existing at the time of the |