coke b isabel countess OF Rutland case mich James in the star Chamber see  Cowley v Cowley p ac a countess either by marriage or descent can be arrest  for debt or trespass she be a peer of the realm and shall be try by her peer  and no one of the nobility who be a Lord of parliament and by law ought to be  try by his peer shall in such case be arrest duke or not duke earl or not earl  c shall be try by record and not by the country but in the case of a woman who  be a duchess c by marriage the trial shall be by the country if a baroness c  by marriage marry again under the degree of nobility she have lose her name of  dignity but a woman noble by birth or descent whosoever she marry remain noble  in a plea in abatement of the writ dominus be too general the plea ought to be  that the defendant be a baron of parliament and he ought to show a writ under  seal testify the same every baron of parliament ought to have a knight return  of his jury f n b king more hob Cr James dyer pi Doct pi a sheriff and his  officer ought not to examine the judicial act of the court but execute the  writ and if a capias ad to give satisfaction be award by the court against a  countess the sheriff or his officer may execute it without offence and so if a  capias or exigent come to a sheriff against a duke earl c where it lie not  against they yet he ought to execute the writ and not dispute the validity of  it coke report a er p the sheriff or any other by his authority who arrest  another ought on the arrest to show at who suit it be out of what court for  what cause he make it and when the process be returnable SC Moore Inst skin    lbid to case in parliament to in the great case this term in a information  prefer by the attorneygeneral against S and diverse sergeant at mace and other  for arrest the body of Isabel countess of Rutland late the wife of Edward earl  of Rutland by force of a capias ad satisfaciend on a judgement in debt give in  the common plea against her these point be resolve for good law by the Lord  chancellor Egerton Popham and gawdy chief justice Fleming chief baron and by  the whole court of starchamber although some precedent by ignorance of clerk  be to the contrary that the a   a a person of one who be in law a countess by  marriage or by descent be not to be arrest for debt or trespass for although  in respect of her sex she can sit in parliament yet she be a peer of the realm  and shall be try by her peer as appear by the statute of b more Inst Stamf h c  b h which be but a declaration of the commonlaw and there be two reason why  her person shall not be arrest in such case one in respect of her dignity and  the other in respect that the law do presume that she have c style hob more    a Nevil case c sufficient land and tenement in which she may be distrain it be  resolve that the d   a a a cro arg Leon hob style d person of a baron who be a  Peer of parliament shall not be arrest in debt or trespass by his body for the  cause aforesaid for none of the nobility who be Lord of parliament and by the  law ought to be try by his peer shall in such case be arrest by his body and  both these point be well confirm by our book I h b in a a human being  replegiando against the lady e more hob e Spencer it appear that the lady  Spencer be a peer of the realm and that in debt or trespass capias lie not  against a earl baron or baroness hujusmodi for because of their coke a estate  and f h b more f dignity they be intend to have sufficient h a a writ of debt  upon arrearage of account be bring by the lady Daburgaveny against another the  defendant plead he owe her nothing and be ready to wage his law and pray by  force of the stat of h cap that the plaintiff shall be examine which Act be  general that examination shall be make g Br examination more Jones g which be  always intend upon oath and there Cokein who give the rule say that the lady  Daburgaveny be a peer of the realm and it will not be well to make her come to  be examine for by the same reason we ought to make every duke or earl of  England come Rolf sergeant why not sir the say Act of h   a dyer pl h h c be  general and be make for every man high and low to which Cokein say the law  will have a difference between a lord or a lady c and another common person by  which book it be to be observe that a lady who be but the wife of a baron be a  peer of the realm and be in equipage as to nobility and privilege incident to  their dignity with duke earl c e b Ralph Everden knight bring a writ out of  the chancery and also a writ of privy seal to the justice recite that he be a  baron command they to discharge he of swear in a h b Br exemption f n b e    light b more   a roll die pl Doct Stud a b Br challenge Jones a jurat Assise  seu recognitionib whoever because the baron ought not to swear in any inquest  or assize without their will and upon good advice he be absolute discharge  vide coke report b er p king b dyer pl b h a in c Fitzherbert challenge Br  challenge c attaint in the king bench the grand jury appear and one of the  grand jury challenge himself forasmuch as his ancestor have be baron and lord  of parliament and that they have have their place in the same house of  parliament and this matter be try by six triers of the same jury wherefore he  pray allowance of his challenge and that he may be discharge fortescue chief  justice we can allow it without a writ testify it for we ought to be inform of  your challenge by matter of record or otherwise we can allow it ad quod totan  cur to go away notam duke or not duke earl or not earl baron or not baron  shall not be try by the country but by d   Inst   a a roll ass more   light b    a calvin case d record a this doctrine be certain true with respect to  barony by writ because as Lord coke observe the blood of the person summon be  not ennoble till be take his seat in parliament but the case of nobility by  letter patent be different for by they the creation be perfect and the blood  be ennoble without sit and therefore in Lord banbury case the court of king  bench hold that a peerage claim under letter patent be not triable by the  record of parliament but must be question by plead non to go away see the king  knoll l raym hargrave note   Litt when a party claim to be a peer by writ he  be not a peer until he have take his seat that be to be try by the record of  parliament if by patent the title be complete as soon as the patent be seal  the replication in that case will be non to go away which will be triable by  the patent itself if the claim be make by descent or prescription that will be  triable by the country per Bayley I king v cook barn Cress SC dow Ryl a for if  they be lord of parliament it appear by record and therefore by record  videlicet by the king writ it ought to be certify but a woman who be a duchess  countess or baroness by marriage which be a matter in fact in such case not  duchess c shall be try by the country for their dignity accrue to they by  matter in fact vide h a the wife of the earl of Arundel ought to be e  Fitzherbert brief still e name countess in a action bring against her or by a  name which be tantamount e brey accord vide blow Com Henry Berkeley mile dom  Berkeley c h b a action of debt be bring against a man and wife f Br exigent  postea b f countess of d against who a exigent be pray Newton you can have a  exigent against a earl and coke b no more against a countess and fulthorpe  there say that the reason thereof be not only because it can be intend that a  earl can be without land but another reason be for the dignity of his name for  a exigent be not awardable against a duke earl or baron Martin in this case  the woman have lose the name of countess by take of husband for by take of  husband all the name which she have before be lose quod Paston affirmavi  wherefore the writ shall g Inst   light b   b g abate forasmuch as she be  therein name countess but notam a difference between a baroness or countess by  marriage and by descent for it be true si baronissa c by marriage marry again  under the degree of nobility she have lose her name of dignity for in such  case si a Owen Br Nosme de dignity   b Cawley   light b a mulier mobilis to  veil oneself unknown to leave off be mobilis but if she be noble by birth or  descent whosoever she marry yet she remain noble for birthright be character  imperishable but that which be gain by marriage may also be lose by marriage  for b Cawley   b   light b Bulstr roll Rep b eoden modus quo quid to put to  take apart and as to the book in h b a where the case be that a writ be prcipe  John Lovel military spirit b a house Abergavenny One messuagium and the  defendant demand judgement of the writ for this John Lovel knight be lord not  so name judgement of the writ non allocatur by the whole court Rolf then  judgement of the writ for no more coke report b er p than he shall be call  lord shall she be call lady judgement of the writ babington at the most it be  but surplusage and the writ be not the worse and it be resolve that this book  be good law but in report for as to the plea to the writ that the say sir John  Lovel be dominus it be insufficient for three reason he ought to have plead  that he be a baron of parliament for c still c lord be too general if he have  so plead he ought to have show a writ under seal testify the same because it  be dilatory in abatement of the writ for it be only triable by record as  before appear b Vid ante note a where a defendant plead in abatement to a  indictment for a misdemeanour that he be a peer be must state that he be a  peer of the unite kingdom and the mode in which he derive his title and the  court will not allow such a plea to be amend king v cook barn Cress SC dow Ryl  but they will not upon such motion quash such plea if bad king v cook barn  Cress SC dow Ryl b if the say woman be the other defendant be not baroness in  law without doubt the name of her baroness shall d more b n c dyer pl Noy Poph  latch Owen n Benl pl Leon Br Nosme de dignity Benl d abate the writ as appear  by the say book of e before a e h b and peradventure this Lovel be lord only  in reputation as many be at this day and not a Lord of parliament as the old  son of a viscount earl c who be not baron in law but reputation and therefore  in legal and judicial proceed shall not be so name and if the say book shall b  otherwise intend it will be erroneous and against all the other book in all  succession of age and every baron of parliament ought to have a f Cr Elizabeth  h b   light a Plowd a b dyer pl pl pl pl b n c roll Br inquest f knight return  coke a of his jury as appear in e inquest h b Elizabeth dyer Elizabeth and a  earl or baron shall be amerce g h b Br amercement e b e a h b Inst   a before  a g shilling e it be resolve that forasmuch as in the case at bar a h   a  latch roll Rep   b Cr James more h capias be award against the countess by the  court of common plea that the sheriff or his officer by his warranty may  without any offence execute it c Acc Tarlton v fisher dougl per Bridgman CJ  Benyon v Evelyn Bridgm per de grey CJ parson v Loyd will but where a capias  issue against a peer the court will set aside the proceed for irregularity  Fortnam v Lord rookery taunt and Vid couch v Lord Arundel east c for they  ought not to I Cr car lane hob sand I dispute the authority of the court but  execute the writ direct to they and to that they be swear and although it  appear in the capias that she be a countess against who by the law no capias  in such case lie ignorance law non excuse and especial sheriff and other  minister of law and justice as be object yet forasmuch as in some case as in  case of contempt c a capias a Cr Elizabeth a lie against they it be therefore  resolve that the sheriff and his officer ought not to examine the judicial act  of the court but execute the writ and therewith agree the opinion in h die pl  if a capias or exigent come to the sheriff against a duke earl c where it lie  not against they he ought to execute the writ and not argue and dispute the  validity of it but the truth of the case of the countess of Rutland be that  the sergeant who have the sheriff warrant to arrest the say countess on the  say capias ad to give satisfaction be fearful that she will be rescue by her  servant and friend and so escape for which the sheriff if she shall be arrest  on the coke report b er p capias ad to give satisfaction and escape will be  charge the serjeantsatmace advice the say S to enter a feign action of before  the sheriff in London accord to their custom upon which they will first arrest  the say countess and by force thereof carry her to the compter and then take  her body in execution on the capias ad to give satisfaction and afterward the  say sergeant in Cheapside with many other come to the countess in her coach  and show her their mace and touch her body with it say to her we arrest you  madam at the suit of the say S which be all the word they use and thereupon  they compel the coachman to carry the say countess to the compter in wood  street and at the door thereof the sheriff come and carry the countess to his  house where she remain seven or eight day till she pay the debt and it be  resolve that the sheriff or any other by his authority who make a arrest of  the person of another b roll Cr James   b a salk b ought on the arrest to show  at who suit it be out of what court for what cause he make it and when the  process be returnable to the intent that if it be for any execution he may pay  it and free his body if he will from imprisonment d in no case however be a  bailiff require to part with the warrant out of his own possession for that be  his justification east PC and Vid hall v Roche TR d and if it be on mesne  process either to agree with the party or coke b to put in bail accord to law  and to know when he shall appear and therefore it be resolve that the say c  roll c general arrest can be say by force of the say writ of execution and  that the say arrest of the countess by the serjeantsatmace of their own head  without other warrant be against law and the say countess be false imprison  and so in summons in real action the summoner in the presence of the pernors  and viewer c ought to summon the tenant to keep his day of return and name it  in certainty to render c they ought to name the name of the demandant c the  land in demand vide e e a e b c and that be the chief reason that a severe  sentence be give against S the sergeant and the other their confederate and  the enter of such feign action in London be utter condemned by the whole court  for by colour of law and justice they by such feign mean do against law and  justice and so make law and justice the author and cause of wrong and  injustice vide the statute of h cap in the preamble