coke earl OF shrewsbury case a peer of Ireland be also a peer of England and  reside in England do not lose his Irish title by long absence alone by the  Henry Irish ac of absentee by which it be enact that the king his heir and  assign shall enjoy all honour vnanors c and all and singular possession  hereditament c if earl of S will W the dignity itself with the land givenfor  maintenance of it be give to tlae king and the dignity be extinct in the crown  although a duke have not any possession to support his dignity yet it can be  take from he without a Act of Parliamnt SC Howell state trial by force of  certain letter bear date of Mars of the lord of the privycouncil direct to sir  Humphrey winch sir James lie sir Anthony Saintleger and sir James Hulleston  they do certify to their lordship the claim of Gilbert earl of Shrewsbury to  the dignity of the earldom of Waterford and barony of dungarvan in Ireland in  such manner as follow king Henry the six by his letter patent in the twenty  year of his reign do grant to his thrice belove cousin John earl of Shrewsbury  in consideration of his approve and loyal service in the city and county of  Waterford pro eastern likewise the same kinsman nostrum prediction land our  men Scotland in birth strike against contra unfriendly et rebeltium our  insultus effectively to ward off Self in comrade Watelford One cum stylus et  distinction ac nomin et honor eiden debt is owed to order et A king of Corinth  habendum to the say earl and his heir male of his body and further by the say  letter patent do grant the castle lordship honour land and manor of dungarvan  to the say the party to who the property belong cramp and another v Bayley in  person Bayley I ken lend assize cite Deggis Pars counsel that Edward though  the heir have a property in the monument and escutcheon of his ancestor and  may bring a action against those who take they or deface they text above    Litt b Gibs cod Frances v lie cro James may v Gilbert Bulstr vin ab descent e  yet he have none in their body or ash nor can he bring any civil action  against such as indecent violate and disturb their remain who die and bury  black command but the property of the shroud c remain in the executor or other  person who be at the charge of the funeral and a steal of it will be felony  haines case post foe h p c black command hawk p c cap east p c cap d Vid note  a Fulwoods case   a e Vid ante note a coke report er p earl and the heir male  of his body to bold the premise of the king and his heir by homage and fealty  and by the service of be his majesty seneschal in the realm of Ireland  afterward in the parliament call of absentee hold at Dublin in Ireland the  that of may the that of Henry the eight by reason of the long absence of  George earl of Shrewsbury out of his realm it be enact that the king his heir  and assign shall have and enjoy in the right of his crown of England all  honour manor castle lordship franchise hundred liberty count palatines  jurisdiction annuity fee of knight land tenement c and all and singular  possession hereditament and all other profit as well spiritual as temporal  whatsoever which the say George earl of Shrewsbury and Waterford or any other  person or person have to his use c king Henry the eight by his letter patent  the that year of his reign recite the say Statule de absentee coke nosprmissa  to look at closely et not position honor et rank prcvdicti conit diminuer send  greater number augur de certan knowledge et mero movement c do grant to the  say earl and his heir the abbey of Rufford with the land thereto belong in the  county of Nottingham and the lordship of Rotheram in the county of York the  abbey of Chesterfield Shirbrook and Glossadel in the county of Derby with  diverse other land and tenement of great value to be hold in capite and the  question be whether by the long absence of the earl of Shrewsbury out of  Ireland by reason whereof the king and his subject want their defence and  assistance there the title of the honour be lose or forfeit the say earl be a  peer of both realm and reside here in England whether by the say Act de  absentee year h the title of the dignity of the earl of Waterford be take from  the say earl as well as the manor land tenement and other hereditament in the  say Act specify and afterward by other letter patent of the lord of the  Council date the that of September the two chief justice and the chief baron  be require to consider of the case which be enclose within their letter and be  to certify their opinion of the same which case be argue by council learned in  the law in behalf of the say earl before the say chief justice and chief baron  upon which they have take great consideration and advisement after they have  read the preamble and all the say Act of the h it be unanimous resolve by they  all as follow as to the first it be resolve that forasmuch as it do not appear  what defence be requisite and that the consideration executory be not find by  office to be break as to that point the say earl of Shrewsbury notwithstanding  do remain earl of Waterford as to the second it be resolve that the say Act of  the twentyeighth of Henry de absentee do not only take away the possession  which be give to he at the time of his creation but also the dignity itself  for although one may have a dignity without any possession ad sustiWenAm nomen  et onus yet it be very inconvenient that a dignity shall be cloth with poverty  and in case of writ and such other legal proceed he be account in law a  nobleman and so ought to be call in respect of his dignity but yet if he want  possession to maintain his estate he can press the king in justice to grant he  a writ to call he to the parliament and so it be resolve in the case of the  Lord Ogle in the reign of Edward the six as the baron of Burleigh Lord  treasurer of England at the parliament year Elizabeth do report and therefore  the Act of the h as all other act ought to be shall be expound to take away  all inconvenience and therefore by the general word of the Act videlicet of  honour and hereditament the dignity itself with they land give for maintenance  of it be give to the king and the dignity be extinct in the crown and the  cause of degradation of George Nevil duke of Bedford be worthy the observation  which be do by force of a Act of parliament June Edward which Act recite the  make of the say George duke do express the cause of his degradation in these  word and forasmuch as it be open know that the say George have not or by  inheritance may have any livelihood to support the same name estate and  dignity or any name of estate and oftentimes it be to be see that when any  lord be call to high estate and have not convenient livelihood to support the  same dignity it induce great poverty and indigence and cause coke coke report  er p oftentimes great extortion embracery and maintenance to he have to the  great trouble of all such country where such estate shall happen to be  wherefore the king by advice of his lord spiritual and temporal and by the  Commons in this present parliament assemble and by the authority of the same  ordain establish and enact that from henceforth the same creation and make of  the say duke and all the name of dignity give to the say George or to John  Nevil his father be from henceforth void and of none effect c in which Act  these thing be to be observe that although the duke have not any possession to  support his dignity yet his dignity can be take away from he without au Act of  parliament a the inconvenience do appear where a great state and dignity be  and no livelihood to maintain it it be good reason to take away such dignity  by Act of parliament and therefore the say Act of the h shall be expound  accord to the general word of the writ to take away such inconvenience and  although the say earl of Shrewsbury be not only of great honour and virtue but  also of great possession in England yet it be not the intention of the Act to  continue he earl in Ireland when as his possession in Ireland be take away  from he but that the king at his pleasure may confer as well the dignity as  the possession to any other for the defence of the say realm and the say  letter patent de year h have no word to restore the dignity which the Act of  parliament have take away but it be not the intent of the king diminuer  position honor et rank Self comilis but augur his possession for maintenance  of his dignity for so much appear by this word augur for he do by the say  letter patent with exceed great bounty increase the revenue of the say earl in  England which the king do think be a increase of large possession in England  instead of all that which be take away from he by the Act of the h and whereas  it wonder object that the general word honour and hereditament be explain and  qualify by the say word relative subsequent which the say George or any to his  use have and therefore it shall not be intend of any honour or hereditament  but of such whereof other be seize to his use and no man can be seize of the  dignity and therefore that the say Act do not extend to it but that it be to  be understand reddendo sing ulam one and these word which the say George earl  have be sufficient to pass the dignity and with this agree the opinion of all  the judge of England in Nevil case upon the like word in the statute of the h  in the seven part of my report fol and