1. They were bare Surrenders, no Fines.
2. Surrenders for the Benefit of the Family.—All those were made by Persons that had Advantage by them, having greater Honours granted unto them; or such whose Interest was beyond the Seas, and therefore were willing to quit their Dependencies here upon good Considerations that pleased them: Et volenti non fit Injuria.
3. Passed sub silentio. Lord Stafford's Case supported.—All these Surrenders passed sub silentio, and never admitted of any Dispute: But as for the sole melancholy Precedent of Roger Stafford 1638. which was condemned in Parliament 1640. 'tis to be [11] observed that Resolution can't be condemned because of the Times; for the Affront to the Lords, in taking such a Fine, was in 1638. and when could it be more properly remedied than in 1640. except it be expected there were a Prophetical Spirit of Judgment against a Thing not in Being; there were 94 Lords, present; and the Vote was Nemine Contradicente, which gives it as great an Authority as any Resolution that ever was. The King's Counsel were not heard in the Case of Ship-money, nor Knighthood-money, where they had more Right to claim to be heard than in this Case. To conclude; a Fine is a Judgment in the Common Pleas, and your Lordships Honours are not triable in that Court below in Westminster-hall; but if this Fine be allowable, they must be triable there as well as other Inheritances. And as to what has been said, That some of your Lordships sit here by Remainders, and they are in Danger, if Honours be not allowed to be intailed, it's denied; and if they be intailed, it's not of the same nature with other Inheritances; neither doth any Lord sit here by Title of a Remainder, but by Virtue of a new Grant in the same Patent.
Judgment that an Honour cannot be barred by Fine.—'Twas afterwards declared, That the Lords Spiritual and Temporal in Parliament assembled, upon a very long Debate, and having heard his Majesty's Attorney General, are unanimously of Opinion, and do resolve and adjudge, that no Fine levied, or at any Time hereafter to be levied to the King, can bar a Peer's Title of Honour, or the Right of any Person claiming such Title under him that levied, or shall levy such Fine.
[12] Duvall v. Price [1694].
[15 Lds. Jo. 458.]
Slander. The Writ of Error.—Writ of Error on a Judgment in the Court of Exchequer affirmed on a Writ of Error before the Keeper of the Great Seal, &c. in an Action of the Case for Slander: The Writ was to this Effect, Gullelmus & Maria, &c. Thes. & Baronibus de Scaccario suo salutem, Quia in recordo & processu ac etiam in redditione judicij loquelæ quæ fuit in Cur' nostra de Scaccar' coram Baronibus nostris præd' de Scaccar' nostro præd' per Billam inter Edward' Price Arm' debitor' nostr & Johan' Duvall Arm' de quadam transgression' super casum eidem Edwardo per præfat' Johannem illat' super quo judicium in Curia nostra de Scaccar' reddit' fuit pro præfat' Edwardo versus dict' Johann' quæ quidem record' & process' causa Erroris intervenienť in Camera Concilij juxta Scaccar' vocat' le Councel Chamber coram Domino Custod' Magni Sigilli Angliæ & vobis præfat' Thes. venire fecimus & jud' inde versus præfat' Johann' coram, &c. affirmatum est, & quia in affirmatione judicij præd' versus præd' Johannem coram, &c. Error intervenit manifestus ad grave dampn' ipsius Johannis sicut ex querela sua accepimus, quos Error' si quis fuerit modo debito Corrigi & eidem Johanni plenam & celerem justitiam fieri volentes in hac parte, vobis Mandamus quod si judicium coram præfat', &c. affirmatum est, tunc record' & process' tam judicii quam affirmation' præd' cum omnibus ea tangentibus quæ coram vobis jam resident ut dicitur nobis in Parliament' nostro, viz. 17 die Septembris prox' futur' distincte & aperte mittatis & hoc Breve, ut inspectis record & processu prædict' ulterius inde de assensu Dominor' Spiritualium & Temporalium
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