Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-01-11

name, estate and dignity or any name of es-
tate and 0ftentimes ii il to be seen that when
any lord is called TO high estate, and hath not
convenient livelihood to support the same Dig
nity it induceth great poverty and indulgence,
and causeth oftentimes great extortion, en-
bracery and maintenance to be had, to the
great trouble Of all such counties where such
estates shall happen to be; wherefore the king
by the advice Of his lords spiritual and tempo
raj, and by the commons in the present Par
Lament assembled, and by the authority of the
that, from henceforth, the said creation and
making Of the said duke, and all the names Of
dignity given to the said George, or to John
Nevill, his father, be from henceforth void, and
Of none effectn
The famous case on absenteeism is that of
the Earl Of Shrewsbury, and the decision shows
that the immense tracts of land ancicntly
granted by the crown to the barons were
wholly in the nature OF trust to which ac-
countability was attached. These are the
facts. Henry the Sixth created the Earl Of
Shrewsbury in England, Earl Of Waterford
and Baron of Dungarvan in Ireland, grant
ing by letters patent the castles, lordships,
honors, lands and manor Of Dungarven, to the
said Earl end the heirs male Of his body In
the Parliament, called the Parliament Des
Absentees, held at Dublin on the 10th Of May
in the 28th Of Henry the Eighth, it was de-
cided that the Earl Of Shrewsbury should be
deprived Of all his Irish estates, "on account
Of his long absence from that country the said
Earl being peer Of both realms and residing
in England In 1912, this case was argued
again by counsel before the chief Justices and
chief baron, who, after taking into considera-
ton the act of the 2Sth Of Henry the Eighth,
all the merits and on which they adjudicated,
their sentence being unanimous.
g LIST. Whether, by the long absence Of the
Earl of Shrewsbury out Of Ireland, by reason
whereof the king and his subjects wanted their
defence and assistance there, the title Of the
honor be lost and forfeited, the said Earl being
peer Of both realms and residing here in
England
"2d. Whether, by the Act Des Absentees
the title Of the dignity of Earl of Waterford be
taken from the said Earl, as well as the man.
0rs, lands tenements, and other heredita-
ments in the said act specified
As to the first point, it was resolved that,
forasmuch as it does not appear what defence
was requisite, and that the consideration exec
utory was not found by Office to be broken as
to that particular, tho said Earl Of Shrewsbury
does remain Earl of Waterford.
AS to the second, it was resolved, that the
act Of the 2sth of Henry the Eighth doth not
only take away the possessions which were given
to him at the time of his creation, but also the
dignity itself; for" says Lord Coke, {" al
though one may have dignity without any
possession, ad snstinendun nonsen ct 0nus yet
it is very inconvenient that a dignity should be
clothed with poverty; and, in cases Of writs
and such other legal proceedings he is account
ed in law a nobleman, and 80 ought to be call
ed in respect Of his dignity; but yet if he want
possessions to maintain his estate, he cannot
press the King in Justice to grant him writ
to call him to the Parliament; and 30 It was
resolved, in the case of tho Lord Ogle, in the
reign Of Edward the Sixth, as the Baron of
Burleigh-Lord Treasurer of England, at the
Parliament 35th Elizabeth, did report and,
therefore, the act of the 2Sth of Henry the
Eighth las all other acts ought to bel shall be
expounded to take away all Inconvenience, and,
therefore, by the general words of the acts,
honors and hereditaments,' the dignity itself,
with the lands given for maintenance of it.
are given TO the King and the dignity is extinct
in the CROWN
Il appears from this memorable case, that
according to the spirit of the feudal constitu-
ton, the condition of personal residence was
attached to the possession Of baronial lands.
Those who enjoyed them stood rs it were, be-
tween the crown and the subject, acting on
the one hand as local lieutenants for the SOW
ereigns, TO preserve his prerogative and coerce
rebellion, and on the other hand as conserva-
tors of the rights Of the people among each
other. Their duties therefore, were not con-
fined simply to Legislation, but they also had
an executive Office, il being their duty to see
that the laws were enforced and obeyed in
their respective neighborhoods. "Those who
are earls,r says Lord Coke, "have an Office Of
great trust and confidence, and created for two
purpoees-to advise the king in time Of peace,
and defend the king and country in time of
war; and, therefore, antiquity hath given them
two ensigns to resemble those two duties; for
FIRST their head is adorned with cap Of honor
and coronet and their body with robe, in
resemblance Of counsel and secondly, they are
girt with n sword, in resemblance that they
should be faithful and loyal TO defend their
prince and country
To fix pecuniary standard for the peerage,
and exactly settle the amount which should
exempt man from the legal penalties Of
poverty, may seem to be extremely difficult;
but the English had established q scale for this
purpose, which is thus explained by Lord Coke:
And IL Is 10 be known that, a. in ancient
times the senators of Rome were elected d
censu Of their revenues 30 here in ancient
times in comforting Of nobility, respect was had
10 their revenues, by which their dignity and
nobility might be supported and maintained.
Thus knight ought TO have eco per annum !;
baron thirteen knights fees (for there was
not any duke in England from the time of
the conquest until the 18th Of Edward the
Third and the Duke Of Cornwall was the
first duke after the conquest in England,) and
this appears by the statute Magma Charta, Q.
2. For always the fourth part Of such revenue,
which II requisite by the law 10 the dignity,
shall be paid 10 the king a. relief for the
relief OF q knights fec IL f5 which 10 the fourth
part Of Gao, which Is q knights revenue; and
the relief Of baron is 100 marks, which is
the fourth part Of his revenue, VIZ: 400 marks,
and includes thirteen knights fees and quar-
ter and the relief Of an earl is fl00, which
Il AZ, c,..rfh mart of Cam xvh,oh Il fho ~avo