Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/416

 400 were no other barons among the peerage but uch as were ummoned by writ, in repect of the tenure of their lands or baronies, till Richard the econd firt made it a mere title of honor, by conferring it on divers perons by his letters patent.

made this hort enquiry into the original of our everal degrees of nobility, I hall next conider the manner in which they may be created. The right of peerage eems to have been originally territorial; that is, annexed to lands, honors, catles, manors, and the like, the proprietors and poeors of which were (in right of thoe etates) allowed to be peers of the realm, and were ummoned to parliament to do uit and ervice to their overeign: and, when the land was alienated, the dignity paed with it as appendant. Thus the bihops till it in the houe of lords in right of ucceion to certain antient baronies annexed, or uppoed to be annexed, to their epicopal lands : and thus, in 11 Hen. VI, the poeion of the catle of Arundel was adjudged to confer an earldom on it's poeor. But afterwards, when alienations grew to be frequent, the dignity of peerage was confined to the lineage of the party ennobled, and intead of territorial became peronal. Actual proof of a tenure by barony became no longer neceary to contitute a lord of parliament; but the record of the writ of ummons to him or his ancetors was admitted as a ufficient evidence of the tenure.

are now created either by writ, or by patent: for thoe who claim by precription mut uppoe either a writ or patent made to their ancetors; though by length of time it is lot. The creation by writ, or the king's letter, is a ummons to attend the houe of peers, by the tile and title of that barony, which the king is pleaed to confer: that by patent is a royal grant to a ubject of any dignity and degree of peerage. The creation by writ is the more antient way; but a man is not ennobled thereby, unles he actually takes his eat in the houe of Rh