The History of the English Constitution

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This distinction between chivalers, milites, armigeri, and domini, continues until the close of this reign, and under that of Edward IV. The legal and practical equality of the tem- poral barons accordingly did not ex- clude degrees in their military rank ; and it was only by very slow degrees that the title of " baron, " like that of earl, marquis, etc. , became an estab- lished title of nobility in the modern sense of the term. The title " lord, " on the other hand, does not designate a digni...ty created by the Crown, but is only a title of courtesy for numerous other offices and dignities. In general the concession of a peers' court, accord- ing to the spirit of the royal preroga- tives, does not as yet exclude the arraignment of peers in extraordinary cases by justices with a jury, without the legality of the proceedings being called in question. Against the nobles, too, the continuance of a personal right residing in the King to constitute a court in extraordinary cases was still asserted.

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