^ rTt .•^f^^ m I I r^^^-^z ^ \ \ . V'D ^ r BARONIA ANGLICA CONCENTRATA; A CONCENTRATED ACCOUNT OF ALL THE BARONIES COMMONLY CALLED BARONIES IN FEE; DERIVING THEIR ORIGIN FROM WRIT OF SUMMONS, AND NOT FROM ANY SPECIFIC LIMITED CREATION ; SHEWI.Nfi THE DESCENT AND LINE OF HEIRSHIP AS WELL OF THOSE FAMILIES MENTIONED BY SIB WILLIAM DUGDALE, AS OF THOSE WHOM THAT CELEBRATED AUTHOR HAS OMITTED TO NOTICE, (iDterspersed with interesting Notes, and explanatory remarks,) WHERETO IS ADDED Cf)e ^Proofs of ilarliamentarg 0ittinQ, Front the Beign of £dw. I. to that of Queen Anne : ALSO, A GLOSSARY OF DORMANT ENGLISH, SCOTCH, AND IRISH PEERAGE TITLES, WITH RBFEBBNCE TO PSBSCIIED EXISTING HEIBS. BY Sm T. C. BANKS, BABT., N. S., Member of the Inner Temple, Law Genealogist, Author of the Dormant and Extinct Baronage of England, Stemmata Aaglicana, Honores AngUcani, History of the Marmyon Family, and other Genealogical worke. VOL. I. RIPON : PalSTED FOR THE AUTHOR BY WILLIAM HAKEISON. MARKET-FLACE. LONDON ■- SIMPKIN, MARSHALL, AND CO. UDCCCXLIT. DEDICATION. TO THE RIGHT HONORABLE THE LORD CHANCELLOR, THE LORDS' COMMITTEES FOR PRIVILEGES IN THE HOUSE OF LORDS. My Lords, In thus assuming to dedicate to your Lordships the present work, I have been induced thereto from an observation once made to your Lordships by the late Lord Redesdale, when the Leigh peerage claim was pending before your Committees, " That it was much to be regretted that when such claims were brought forward for your consideration, you had only the ex parte statement of the claimant to guide your judg- ment ; in which statement everything was excluded, saving what tended to show the claimant's descent as particularly confined thereto ; and in many instances merely sup- ported by personal testimony, where legal documentary evidence might be obtained, if not fearfully evaded to be researched after." Thus ancient wills, which might cast a light upon the claimant's deduction from the first baron, are seldom, if ever brought for- ward; which in some respect may arise from not knowing where they were to be t'o\)nd prior to a certain period ; as, for instance, in the Registry of the Prerogative Court of the U, DEDICATION. Archbishop of York, the Index commences only with the reign of Richard II., though there are therein many wills of long antecedent date, which the Registrar will not per- mit to be inspected ; and this may be the case in the courts of other bishops ; and proba- bly is so in that of Canterbury. Parochial registers are often said to be deficient, though research in the returns to the diocesan registry might not unfrequently supply the defi- ciency ; as likewise researches in the various peculiar Jurisdictions might elicit proofs which are reputed not to be anywhere found. But these kind of researches might (if made) tend to place the line of a claimant in a very different course to the one he is desirous to establish. I might make reference to some titles, but it would be invidious to name them ; and indecorous to your lordships, after having made your decisions in their favour. The pages of this work are therefore (but not without diffidence) compiled to show the origin of every barony, from its first commencement by writ of summons to parlia- ment, to the time when it became (as presumed) extinct, or terminated in an heir gene- ral in dormancy ; or in coheirs general in abeyance between them ; accompanied with such remarks as appear explanatory of their course of descent. Sir William Dugdale, in his so highly estimated History of the Baronage of England, has omitted all account of divers eminent persons who sometimes were summoned to parliament for a shorter, or longer period, and their heirs occasionally after them for several parliaments, and then their descendants thereafter never any more summoned, although long continuing. From your lordships' recorded decisions, that a writ of summons attended with a proof of sitting creates what is commonly called a barony in fee, it is to be inferred that many of these persons from whom descendants are existing, did, by virtue of their writs of summons, acquire such a barony as their said descendants, and extant representatives, may at this day be entitled to claim. To supply the omission of Dugdale, the second volume of this work will be found to contain an acQOunt of these barones pretermissi, and in that respect never having been noticed by any genealogical author, before myself, I am emboldened to hope that the concentrated contents of the two volumes may be useful to your lordships, when claims to long dormant baronies shall be referred to you for investigation. DEDICATION. 111. On these occasions it may be remarked, that the generality of claims are for title which during centuries have lain dormant, and unpretended to, although through that long period the heirs were in most instances persons of far superior estate to some of those who more recently have thought fit to seek their revival ; a circumstance implying a doubt as to the said titles being personal descendable peerage honours ; or casting a reflection upon their ancestors for the little estimation in which they held their right of lordly succession. But now the anxiety for peerage rank seems to rage like an influenza; which your lordships are brought to encounter, and decide whether it runs in the blood like an hereditary gout, or is the effect of pure imagination. I have the honour to remain, My Lords, With all due respect. Your Lordships' obdt. servt., York, March, 1844. T. C. BANKS. PREFACE. So many claims to ancient peerages, many of which had been dormant for centuries, having of late years been preferred to the Lords' Committees of Privileges for decision, the subject has excited a doubt whether in some instances the claimants have not been induced to come forward, relying more upon their influence, than the merits of their pre- tensions. The most of these titles aspired to have been those denominated Baronies by Writ, or as usually styled Baronies in Fee ; being descendable to the heir female of an elder, before the heir male collateral of a younger branch. How sparing queen Elizabeth was in conferring the peerage honour is sufficiently manifested when it shall be stated that such men as Sir Nicholas Bacon, Lord Keeper in 1559; Sir Thomas Bromley, Lord Keeper in 1579; Sir Christopher Hatton in 1587, Sir John Puckering in 1592, Sir Thomas Egerton in 1596, Sir Francis Walsingham, Sir Francis Knowleys, Sir John Perrot, (supposed a natural son of king Henry VIIL), Sir Philip and Sir Robert Sydney, Sir Francis and Sir Horace Vere, Sir Fulke Grevill, Sir Walter Raleigh, Sir Francis Drake, Sir Robert Cecil, Sir Nicholas Throgmorton, Sir Walter Mildmay of Apthorp, Sir John Fortescue of Salden, Sir William Fitz William, Deputy of Ireland ; Sir Thomas Smith, a most learned person ; Sir Thomas Randolph, Sir James Croft, Governor of Berwick ; Sir Henry Gates, Sir Roger Manwood, Chief Baron of the Exchequer ; Sir Christopher Wray, a learned judge ; Sir Henry Killigrew, Sir James Dyer, a judge ; Sir William Pelham, Lord Justice of Ireland ; Sir William Bingham, Marshall of Ireland ; Sir Arthur Chichester, Sir Thomas Roper, Sir Henry Unton of Wadley, of the blood Royal ; Sir GefFery Fenton, Sir Martin Frobisher, and Sir John and Sir Henry Hawkins, famous sea captains; with many other most eminent persons, distinguished by their merits, bravery, or their services, could never obtain promotion to the rank of Peerage Honour. But on the death of the Queen, and the: PREFACE. accession of king James I., new arrangement at Court, new distinctions, and new modes of life turned everything topsy turvy." Since then, through the succeeding reigns, so large has been the number, and so indiscriminate the selection of Peers, most especially during late years, that there are few country gentlemen of tolerable fortune, and any ancient noble blood in their veins, who have not thought themselves qualified for similar distinction, and felt their pride excited by the exaltation of some less meritorious, and qualified of their acquaintance, and on this account I am prone to believe the information contained in these volumes, will be found interesting. The subject of this work has been divided into two parts, viz., the first volume con- taining an account of those persons who are mentioned by Sir WiUiam Dugdale to have had summons to parliament as barons of the realm ; the second volume embracing an account of divers eminent persons noticed in his Lists of Summons to have been simi- larly called to parliament by writ, and therein ranked among the earls and other barons, and yet totally passed over in the text of his celebrated Baronage. The Barony by Writ being the most valuable portion of the peerage dignity, (though " In Gervase Holles's memoirs of his own family, speaking of his cousin John Holies (afterwards earl of Clare) he says, — "A bill haying been filed against Sir John Holies, in the Star Chamber, for holding conferences with Ger- vis and Garnet, (two Jesuits,) at their execution, though he made his defence to the great satisfaction of his hearers, yet he was committed to the Fleet, where he continued a prisoner some weeks, until at last he came out a baron of England, being so created the 9th July, 161C. For this dignity he paid the then favorite, the duke of Buckingham, ten thousand pounds sterling : for after the entrance of king James, the sale of honours was become a trade at Court ; and while the Duke lived, scarce any man acquired an honour, but such as were either kindred, or had the fortime or misfortune to marry with his kindred, or mistresses, or paid a round sum of money for it. Nor, indeed, did that way of merchandise cease all the reign of Charles I., which was one cause, and not the least of his misfortunes. I have heard the earl of Clare often inveigh bitterly against it : and he would usually call it temporal simony. I re- member that I once took the liberty (hearing him so earnest on that subject) to ask him how he could purchase himself, seeing he condemned the king for selling ? He said that he observed merit to be no medium to an honorary reward: that he saw divers persons who he thought deserved as little as himself either in their persons or estate, by that means leap over his head, and therefore seeing the market open, and finding his purse not unfurnished for it, he was persuaded to wear his money as other men had done. About eight years after his creation of baron, for iive thousand pounds sterling he was advanced to the earldom of Clare. It was not a little considered at, that he could obtain this title as the lord Rich, when he was created, was desirous of it ; and the king's council after several debates about it, concluded, that since the first earls of Clare determined, the honor of Clare had ever been conferred upon a Prince of. the blood royal, and therefore not to be allowed to a meaner subject. But the power that procured the dignity, which was the duke of Buckingham, prevailed for the title. Whereupon the lord Rich was created earl of Warwick." PREFACE. in. not the highest in rank) as not limited to any specific course of succession, but open to be inherited by the heir male or female of the baron first summoned to parliament, has led to the compilation of these volumes, with a view that by the concentration of those mentioned by Dugdale, with those omitted by him, a more general history of the Barony by Writ may be set forth, than has hitherto been published in any printed peerage ; so that by this concentration an information may be afforded to many of rights which before they were not aware to be vested in them. I know that it has been asserted, that "formerly the study of genealogy was almost exclusively confined to those to whom it professionally belonged." The truth of this asser- tion may be admitted so far, that it is certain they were the most fitting to make publi- cation of genealogical works ; but it is unfortunate for them, that such as any of them have published, have ever been more or less inaccurate, or defective, and contradictory to each other. On this point examples may be readily adduced in the animadversions of Brooke upon the errors of the learned Camden, the retort of Camden upon Brooke's ignorance, Vincent's bitter exposition of Brooke's blunders, and Hornby's severe remarks upon Dugdale's misrepresentations : even Milles's Catalogue of Honour, commonly called " Glover's Book," is not without many errors, although compiled from the MS. of that highly extolled herald, denominated par excellence "the Divine Glover," to whom Milles was nephew and executor. The instance of Sir William Dethick, Garter King of Arms, who was found guilty of forging a false pedigree for Rotherham, against Anthony, Earl of Kent, for the barony of Grey de Ruthyn ; (vide case in Collins's Baronies by Writ) and that of Mr. Radcliffe, the Herald, some years ago, furnish proofs that many of the MSS. in the College of Mystification are not so pure as to be relied upon without suspicion ; and that the mem- bers of that Society, to which the study of Genealogy did formerly exclusively belong, are not more capable or competent to publish genealogical history than Collins, Edmondson, or the late Sir Egerton Bridges, who were never professionally of the Heraldic School, but whose Peerage editions stand prominent in public estimation. Among the MSS. in the repertorium of the College of Absolute Wisdom and Exclu- rire Knowledge are the County Visitations made by the Heralds at sundry times, many of which are of a somewhat extraordinary nature as having very frequently blanks left IV. PREFACE. for the name, or christian names of the wives and children of persons whose pedigrees are certified therein. Yet it cannot be imagined that those who subscribed these entries of their famiUes were unknowing of whom they married, or of the christian name of their own children. Why then should these frequent blanks occur ? The reason may readily be conceived ; that they were left to answer some future sinister purpose, as for example ; when some one migrated from the counter to a title, should wish to have his descent drawn out, so as to show he was derived from some ancestor of noble or ancient lineage, these blanks could thereafter be filled up, and thus the vacuum be made to answer the interested cupidity of the herald, and the ambition of the party; which, thereby, could thenceforth pride himself with others of similar rank. The humorous dialogue of the Cow Dung and Apple swimming down the stream seems depictive of such a case, where the cow dung for the sake of courteous conversation says to its companion, " How we two apples swim." I am not so presumptuous as to suppose these volumes are without errors ; yet I trust they are not many ; nor more than are to be found in works published by those to whom the study of genealogy professionally belonged. Dugdale I have most certainly fol- lowed, as considering him the most approved and appreciated author of genealogical history. Where I have differed from him, I have referred to the authorities for so doing, as I have for my statements in general ; nevertheless, I fully expect the severe remarks of reviewers, and malignant critics — the heathen gods by whose capricious judgment poor authors may be sentenced to rise or fall. Besides these castigators, I have to look to the probabiUty of being Burked'^ at a future day ; but whatever may take place, I have only to observe that with this edition I take my leave of the public as an author, and " Heralds and Critics, that abusive throng, May as they please, speak of me right or wrong ; Their praise will never give me any pride, Their spite, I heed not, and their snarls deride." In the Appendix to the second volume is an account of the first settlement of the Scots in Nova Scotia, the occupation of the country by them, and the institution of the ^ This is a cant term derived from a person of the name, who was executed at Edinburgh, some years ago, for making use of the living to the conversion of his own gain, and seems applicable to one who pirates the work of a living author, and palms it on tlie world as his own. PREFACE. Order of Knights Baronets therein. No similar account has ever before been pubUshed ; and, indeed, the several writers who have attempted to show the said first settlement, Jiave made most erroneous representations in asserting that Sir William Alexander, after his grant from the crown, sold the country to the French, and that king Charles I., by the treaty of St. Germains, ceded it to them. The contrary of all this will be substan- tiated by the Documents herein set forth. With regard to the Knights Baronets created in virtue of the powers given to Sir William Alexander by the charters of king James and Charles I., it wiU appear that they had confirmed to them the occupation of the lands from the acquirement whereof they derived their titles, with a special promise from the king, " in verba principis" that if at any time they should be obliged by circumstances to yield their possession, they should have compensation made to them. The usurpation of the territory by the French, which continued for many years, deprived the baronets from the enjoyment of the settlements they had made ; and the dis- tractions of the civil war otherwise embroiled them, and reduced many to poverty : so that denuded of their estates, few but the more opulent ever after assumed their titles. Such was the case with my family : nevertheless, length of time of non usage does not extinguish the inherent and hereditary right ; while a new order of events has restored the country to the British sovereignty, and thereby revived the said rights of those baronets whose ancestors were first enfeoffed in their lands. Particular circumstances taking me to America some years ago, I there became informed (by the inspection of the public records) of the mistaken notion that Sir William Alexander had ever sold Nova Scotia to the French, or that king Charles had ceded it to them ; and after my return, making investigation into the records of Scotland, I therein found those documents which are now printed — showing that the territorial rights of the original baronets of Nova Scotia still attach, claimable by their descendants and heirs representative. Ha\'ing had the opinion of eminent American counsel, as well as English, on this important point, I made application some years ago to the then Lords of the Treasury, on the subject of claim ; but most singularly the objections made by them were founded on the very same ground as the French commissioners, after the treaty of Utrecht, made >1. PREFACE.- against the pretensions of the British Crown, which were so ably, and clearly nulUfied by the answers of the English commissioners, and completely sustained. Failing thus in my representation to the Lords of the Treasury, I was advised to present a petition to her Majesty, praying respectfully for a compensation, instead of making a demand for the restoration of right. The Petition was as follows : — « TO THE QUEENS MOST EXCELLENT MAJESTY, "the Petition of Sib Thomas C. Banks, Baronet, N. S., Humbly Sheweth — "That your petitionei-'s ancestor, (whose heir he is,) Sir Walter Banks, (then bear- ing the name of Norton, by family settlements,) was created a baronet of Nova Scotia, the 18th June, 1635, with limitation ' Hceredibus suis masculis, et assignatis quibuscunque' and with a grant of lands, pursuant to the reserved covenants in the charters of king James, and Charles L, by which the institution of the order of Nova Scotia baronets was first contemplated, and afterwards perfected ; which lands erected into a barony are thus described in the registry of sasines, preserved and remaining in the office of Public Rec- ords at Edinburgh, viz : " ' Beginning from the west side of the land, and barony of Barnbow, belonging heritably to Sir John Gascoigne, of Barnbow, in the county of York, knight and bar- onet, andlying on the north side of the river called the Great Schibone, in Cape Breton, passing towards the west from the said barony, ascending the river for the space of three miles, keeping always the river for the boundary thereof on the south, and from thence passing northward for the space of six miles, keeping always three miles in breadth, and six in length, and the said barony for the boundary thereof towards the east.' " That after your petitioner's ancestor the said Sir Walter Banks (otherwise Norton) had been so created a baronet, and had sasine of his barony aforesaid, he, as well as divers other Nova Scotia baronets, had their territories forcibly entered upon by the French, who took possession of, and retained the same till the peace of Aix-la-Chapelle, when Nova Scotia, with the Canadas, and Cape Breton, were finally quit-claimed, and re»tor«*d to Great Britain : on which event the rights of the respective baronets returned PREFACE. VIU to the existing heirs of the original grantees ; the possession of the French being accord- ing to the opinions of Attorney-General, and Solicitor- General, York and Talbot, only a suspension of rights, and the re-acquirement by the crown of England, a restoration thereof. !•> e -uA wlltrtiosrps-r ^a'rrfftn ,vi!i9}n\>il ■»«»ff «>3 " That your petitioner is advised that the length of time of non-claim which has passed over, either on the part of your petitioner or any of his predecessors, is no bar to his present right of recovery of his aforesaid barony, prescription being specially excluded in the original royal charters of institution, creation, and investiture. " That your petitioner is by no means inclined to enter into controversy with your Majesty's Government, in so much as to urge the words of lord Brougham (when a Commoner), 'the subject and the crown do not go into court upon equal terms' But as there is at this time an immense extent of waste and uncultivated land both in the Canadas and Nova Scotia, he presumes to say, he should be satisfied by a grant of so much of the said lands in either district, as would be equivalent to the extent of those granted to his ancestor in Cape Breton. -Vrtprrt ^'^^ -^^H -- ^r-^rT, " That although your petitioner is confident in the legality of his claim, as manifested in the proceedings of another baronet in the Court of Session at Edinburgh, yet he is- equally aware that to enter into a suit with the crown is to incur enormous expense, vexation of mind, and the exhaustion of those years, which under the beneficence of the Almighty are better spent in peace than in litigation ; he having during a long life experienced that to urge claims upon the British Government through the medium of the law, is as vain as the endeavour of a man to roll a stone up to heaven. But he never- theless feels consoled in his misfortunes, that if this his petition is not acceded to, he is only like those noble lords and others who hold an empty title without a fortune to sup- port it ; depicting as it were a caput mortuum, where the brains, the intellectual part, are gone, and the skidl, or worthless part still remains. " Wherefore your petitioner humbly prays your majesty to take into your royal consideration that he is at the advanced age of seventy-three, has long been the author of many literary works, patronized by your excellent royal grandfather, by His Majesty George IV., and by your illustrious father the Duke of Kent ; that his family have served their county both on the sea and land service, and particularly his relative. Captain VIU. PREFACE. Francis Banks of the Royal Navy, who commanded the reinforcement from America, which was the cause of taking the important city of the Havanna from the Spaniards, and was mentioned in high terms by Admiral Sir George Pocock, announcing its surrender ; that though oppressed with severe misfortunes, accompanied with the most base ingrati- tude, he remains an EngUshman, and your Majesty's loyal subject, and finally he humbly prays that your Majesty actuated by the principles of justice which he is certain you at all time wdsh to have exercised, will, out of your royal grace, cause to be conceded to him the restoration of the rights he has set forth, or a due compensation for them. And your Majesty's petitioner wiU ever pray, &c. (Signed) T. C. BANKS. To this petition the following answer was returned. Downing Street, 12 th September, 1837- Sir, I am directed by lord Glenelg to inform you that he has received, and has had the honour to lay at the foot of the throne, your petition to her majesty, of the 23rd ul- timo, setting forth your title to certain lands in Nova Scotia in consequence of a grant to your ancestor in 1635, and praying that in order to avoid the necessity of litigation with the crown to establish your rights, you may have a grant equivalent to that which your claim, either in the Canadas, or Nova Scotia. In reply I am to acquaint you that it is not in the power of her Majesty's government to exempt you from the necessity of estab- lishing by due course of law, your title to the property which you claim in Nova Scotia. I have the honour to be Sir, Your most obedt. servt. (Signed) GEORGE GREY. To Sir Thomas C. Banks, Bart., &c., &c. To this answer I have only to observe, that if I proceeded by action against the Crown, and after an enormous expense, and delay, eventually succeeded, I certainly PREFACE. IX. should not be under any obligation to the crown, as I should then acquire the lands ex jure, and not ex gratid, and consequently not entertain those sentiments of respect which a contrary conduct might have impressed on me with a grateful feeling. The approach to Majesty in England is very different to that which Frederick the Great allowed to the meanest of his subjects in Prussia ; or Napoleon, the illustrious Em- peror, to those in France. In having made this lengthy dilation on the case of the Nova Scotia Baronets, I have been induced thereto from beheving that they are not aware of the recoverable in- terests which they have under the grants made to their ancestors, and are now of a very valuable nature. Were they in a collective body to bring their claims before parliament, they might obtain a more favourable attention, than I, as an humble individual, divested of property, and without weight of influence to support me, have met with. It is to be remembered that this fine colony was acquired to the British Dominions, not at the expense of the Sovereign, or of the country, but by the undertaking of an individual who ruined his fortune in the adventure ; while those who, by the king's invi- tation, were drawn in to become his associates, and purchase portions of land to have an high hereditary honour conferred upon them, sacrificed their property for the same pur- pose, seduced by a promise in verbo principis, that they should have compensation made to them in case at any time they should be compelled to evacuate their possessions. An inherent right of territory therefore remains in the heirs representative of these persons. It is a debt due from the crown to them to discharge, and of a nature far more strongly founded in justice, than those grants which British ministers, from time to time have made to persons, without any other reason, than a bonus for their support and influence. BARONIA ANGLICA CONCENTRATA. DISSERTATION UPON THE ORIGIN OF NOBILITY AND HEREDITARY HONOURS. Without entering too particularly into the History of the rise and progress of the Feudal law, it may be sufficient to observe, that according as at the time of the Conquest, it was understood and practised in France, it flourished in full vigour in Normandy ; not that the customs of Normandy were entirely the same with those of France, each pro- vince of that kingdom having distinct and different customaries, though all founded upon the same principle.* * ^"^•'^^ f« ^ ' _ _ _ casnag. vol. 1. What were the Military Tenures in England, during the time of the Saxons, is not exactly ascertained, nor understood — that such kind of Tenures in England existed is beyond a doubt ; and it is probable they underwent some, if not a very great alteration by the accession of William the Conqueror to the Throne, and that he established many feudal customs for law, which he brought with him from Normandy.'' With respect to the orders and Titles of Dignity in England after the Conquest, they were for several centuries only of two kinds, viz. Earls and Barons: they were both founded similarly upon actual territorial possessions, though at this day, they have become merely personal honours, and names of dignity, shorn of their officiary functions, and co-ordinate estates. Of this Nobility, the denomination of Baron is considered to have superseded and to have supplied the place of the Saxon Thane, and was introduced from France, where it denoted a person who held a feudum nobile, with the right of ad- ministering justice in criminal and civil causes ; and here in England, signified a person » In the proem of the Customary of Normandy, which is intitled Descriptio Normannice it is asserted that Edward the Confessor, king of England, gave the Engliah Laws to the Normans when he was so long sheltered there : thii point is also witnessed by Chronica Chronicorum.—\\ie Lord Whitelock's speech in 1650, printed in Whitelock'i Memorials of English affairs. VOL. I. B 2 BABONIA ANGLICA CONCENTRATA. holding his lands immediately of the king ; and having a certain number of free tenants holding of him; with a court, in which he administered justice to his tenants. The words * Gloss, p. 79. of Spelman are, viz: * " Barones auteni anttqxie eslimandi sunt qui in suis dominiis de liti- bus cognoscebant, et lafrociniis ; consueiudines habentes, quas Sac, Soc, Team, Infangtheife, t 2 Inst. 6. Outfangtheife, Furcas, S^c. appellant ." Hence chief-justice Coke says,t that in an- "^ ^°' cient records "the baronage included all the nobility of England ; because regularly all noblemen were barons, though they had a higher title." Some writers, (and, indeed, Spelman inclines to that opinion), have thought, that baron, and tenant in capite, were synonimous, yet probably, they were led into that no- X Mod. Teuen. tion from the representation of old historians and the ancient modus. J Thus, the tenure de Laicis '^'''' of thirteen knights' fees, and a third part in capite of the crown, has been, by some, re- puted to have constituted a baron of the realm. But, by reference to the public records, it will be seen, that it was always the quality, and not the quantity of the tenure, which gave right to the baronial honour ; a fact, which the instances of Abergavenny and of Berkeley clearly evidence ; for neither of those castles or territories, were holden in capite at even the service oi five knights^ fees ; they were, however, holden ^er baroniam, 5 VideCoUins's and that tenure § was admitted to render them, ab origine, feudal baronies and parlia- ar . rece . jjientary dignities, by prescription, in the constant usage of writs of summons, as barons. Madox in his History of the Exchequer, observes that, the Tenure in Barony consti- tuted the Peerage, not the number of knights' fees : thus infeofFment without any special or formal words of creation, conferred the baronial dignity, which was fee simple, but liable to cessation on alienation of the lands ; and therefore the dignity, or title of a baron was not descendable in the blood of the grantee after ceasing possession of the land. Moreover, there is no foundation for thinking barony, and tenure in capite, to be terms synonimous, because, in the instance of Philip de Marmion, who died the 20 llEscb.20Edw. Edw. I.|| it was found, that he died seised of the castle of Tamworth, holden in capite, by the semce q/' had issue, had no interest in law in his wife's inheritance ; and, accordingly, the king Pari. Free. (Henry VIII.), who was present on the argument, for resolution, said, "That Mr. Wym- bush nor any other, from thenceforth, should use the style of his wife's dignity, but such as by the courtesy of England had right to her possessions for term of life." On comparing, however, the reason attributed to Monthermer's summons to parlia- ment with that of Charles Somerset, as lord Herbert, there appears a great difference between the cause and the rule laid down ; for Monthermer was earl of Gloucester ra- tione possessionis vxoris suce. But the lord Herbert could not be a baron ratione eddem, because the barony of his wife's father was created by writ of personal summons, and as such could not be cast upon him in her right. Chief-justice Coke asserts, " Tliat where no possession can be had, no curtesy can prevail ;" ergo, there can be no courtesy of a personal honour, as a barony by WTit ; for the custom applied solely to the ancient territorial barony. Mr. Hargrave has observed, that he could not learn that there had been any claims of dignities by courtesy since lord chief-justice Coke's time ; and from the want of modern instances of such claims, as well as from late creations, whereby women were made peer- esses, in order that the families of their husbands might have titles, and yet the husbands a This barony Is one of those omitted by Dugdale in his Peerage History. It was created by writ of summons, and sitting under the same anno (21 Hen. VIII.), in the person of Gilbert Taylboys, of Kyme, in com. Line, to the ancient feudal barony of which name he was the direct heir. ^2 BARONIA ANGLICA COXCENTRATA. * CoUins's Pari. Prer. t In vita Agricolse. J Comm. 117. 5 BedeLib. 3, cap. 25, p. 135, Lib. 4, cap. 23, 4. n Chron. Sax. 48. % Savil. Edit. Ingulph. 862. ** MS. pen. lord keeper Williams, ft Tit. Hon. p. 729. ++ ~ I. Dors. 11, et Rot. Scut. ejusd.an. m. 7. themselves remain commoners ; it seemed as if the prevailing notion was against curtesy in titles. However, he had not yet discovered whether this great question had ever for- mally been settled by any judgment of the house of lords. Indeed, from after lord Herbert's time to the present, the practice of summoning to parliament, Jure tixoris has ceased, — as the examples of Audley, Willoughby of Eresby, first in Bertie, (claimed and rejected* in 1580,) and last in Burrel, fully demonstrate. Indeed, it may be instanced in the cases of the late duke of Northumberland and the late Marquis of Townshend, that they respectively succeeded to the baronies of Percy and Ferrers of Chartley, upon the decease of their mothers, and in the life-time of their fathers ; which would not have been allowed, if their said fathers had been entitled to an estate by the curtesy in those dignities. Having thus descanted upon the custom which in former times prevailed, of the husbands sitting in parliament by virtue of their wives' feudal possessions, it may not be irrelevant to notice what information antiquity affords us, with respect to the share which females originally took in the great councils of the nation. Plutarch says, that women had the prerogative to sit and deliberate in great councils, in cases relating to civil administration, and also in debates about peace and war. Tacitus,t speaking of the Britons, says, Sexum in imperils non discernent. And Caesar says,J the British women were made use of in court, in council, and in camp. The ladies of birth and quality sat in council with the Saxon witas ; the abbess Hilda, as Bede§ writes, presided in an ecclesiastical synod. In Wightred's great council at Beconceld,A.D.694,||the abbesses sat and deliberated, and five of them signed the decree of that council along with the king, bishops, and nobles. In Ethelwolf's parliament at Winchester, A.D. 855, wherein the tenth part of the kingdom was given to the church, the law passed, says Ingulphus,^ " Praesentibus et subscribentibus, archiepiscopis, et episcopis, Anglise universis, nee non Benreddo rege Merciae, et Edmundo East-Anglorum rege, abbatum et abbatissarum, ducum, comitum, procerumque totius terrae, aliorumque fidelium infinita multitudine, qui omnes regium chiragraphum laudaverunt, dignitates vero sua nomina subscripserunt." King Edgar's charter to the abbey of Crowland, A.D. 961, was, with the consent of the nobles and abbesses who subscribed the same.** In the time of Heniy Ill.tt and of Edward I. four abbesses had summons to parlia- ment; viz. of Shaftsburjf, Barking, St. Mary of Winchester, and of Wilton. J { But the most memorable summons is that of 35 Edw. III., whereby divers countesses and baronesses were required to give their attendance, or send their proxies. This writ being so singular, the following copy thereof may not be considered unan- alogous to the general subject. ORIGIN OF NOBILITY. 33 Claus. 35 Edw. III. In Dors. m. 36. " Rex dilecto sibi Marije comitissee Norfolciee Sal™- Quia terra nostra Hibemise per invalescentes a diu Hibernicorum inimicorum nostrorum, incursus, propter impoten- tiam fidelium nostrorum habitantium in eadem ; et pro eo quod magnates et alii de regno nostro Anglise terras in ea habentes, commodum dictarum terrarum suarum ab eadem terra capiunt et defensionem aliquam non faciunt, jam caute vastitatis et destructionis miserie subjicitur ; quod, nisi deus advertat et celerius succurrat eidem, ad totalem per- ditionem in proximo deducetur ; per quod pro salvatione ejusdem ordinavimus ; quod Leonellus comes Ultoniee, filius noster charissimus, cum ingenti exercitu, ad terram prae- dictam, cum omni festinatione transmittetur : et quod omnes magnates ac alii de dicto regno nostro terras in dicta terra Hibernice habentes, quanto potentius potuerint, in comi- tivd dicti filii nostri, proficiscentur, vel si debiles in corpora existant, loco suo alios suffi- cientes ibidem mittant pro repulsione dictorum inimicorum, et salvatione et defensione terrarum suarum, et succursu terrae supradictae: et pro dicto negotio accelerando volumus eum magnatibus et aliis de eodem regno terras in dicta terra Hibemise habentibus colloquim habere et tractatum, ; vobis in fide et ligentia, quibus nobis tenemini, firmiter injungendo mandamus ; quod omnibus aliis preetermissis, aliquem vel aliquos de quibus confiditis apud Westm". mittatis ; ita quod sint ibidem in tribus septimanis Paschse proximo fu- ture, ad loquendum nobiscum et consilio nostro, super dicto negotio, et illud concernen- tibus ; et ad faciendum et consentiendum nomine vestro super hoc quod ibidem conti- gerit ordinari, et interim homines vestros quanto potentiiis et decentius poteritis, ad arma paretis, ita quod in vestri defectu progressus dicti filii nostri, et exercitus sui non retardetur ; nee dicta terra amissionis periculo subjaceat ex hoc causa ; et hoc, sicut nos et honorem nostrum ac salvationem et defensionem terrae praedictee diligitis, nullatenus omittatis, nos in cancellariam nostram de nominibus illorum, quos usque Westm' ex causa praedicta duxeritis destinandos reddentes ad diem praedictum distincte et aperte certiores ; et habeatis ibi tunc hoc breve. Teste rege apud Westm' xv. die Martii." Per ipsum regem et consilium. Consimilia brevia diriguntur subscriptis sub eadem data, de essendo coram rege et consilio suo ad dies subscriptos : viz. Ad quindenara paschae : Mariae comitessae Norfolciae, Annae Le Despenser, Alianorae comitessae de Ormond. Ad tres septimanas paschae Phillippae Comitissae de la March, Margeriae de Roos, Johannae Fitz-Wauter, Matildas comitissae Oxon, Agneti comitessae Pembrochiae, Katarinae comitissae Atholl. Mariae de S. Paulo, comitis' Pembr. VOL. I. F * List of Sum. 34 BARONIA ANGLICA CONCENTRATA. But it is to be noticed that these ladies were dowagers at that time, — and consequently had no husbands to be summoned in their right. OF THE WRIT INTERMEDIATE OR ANTICIPATORY. The practice of summoning to parhament the eldest sons of peers, by the titles of their father's baronies, commenced, as Dugdale states,* the 22 Edw. IV. ; but seems to have come into more general use in the latter end of the seventeenth century. In these cases, the parties summoned have been aUowed to take their seats in parliament according to the precedency of the baronies, by the names of which they had summons." But, with regard to the nature and operation of this intermediate or anticipatory writ, it has been questioned, whether the summons, by which the eldest son of a peer is called to the upper house by the title of his father's barony, turns that honour into a barony in fee ? This question, again, has created another, as to the operation of a writ of summons o the eldest son of a peer by the name of a barony vested in his father, and that of a similar writ by the name of a barony not vested in his father. +L d 'Journ ^^ ^^^ cases of the baronies of Strangef and Clifford claimed by the duke of Athol, Vol.xxv.p.ll. and by the earl of Burlington ; the former in 1736, and the latter in l737,t the claim- * ' • ■ ^j^j.g stated, that the baronies, by the names of which they were summoned, were not then vested in their fathers. But there can be no doubt that, in these instances, the crown issued its summons upon the idea, that the baronies, by the names of which the persons were summoned, were then vested in their fathers ; which proving an erroneous notion, the lords were, in a certain degree, obliged to admit, that the writs issued under the mistake, operated as new creations. Now, with respect to the first question, it has been decided, by the doctrine laid down and adopted by the house of lords, in the following modern cases ; viz. King James I., by his letters patent, dated 13th May, 1603, created Sir Robert Sydney, knight, lord Sydney of Penshurst, to hold to him and the heirs male of his body, and afterwards advanced him to the dignities of viscount Lisle and earl of Leicester. These titles descended to his grandson Phihp ; whose eldest son, Robert, by courtesy styled viscount Lisle, was, in the 1st of Will, and Mary, summoned to parhament by writ, and sate and voted by the title of lord Sydney of Penshurst, in the lifetime of his a By the Statute of Precedency, the 31 Hen. III., it is settled, that the eldest sons of dukes, marquisses, or earls, have precedence before all barons in every public procession and solemnity ; as such, it appears a mere mode- rating measure, to give them by summons a voice in parliament, with the privileges thereunto belonging, as, excepting those points of distinction, they were previously entitled to all others appertaining to their nobiUty of birth. ORIGIN OF NOBILITY. 35 father. These titles descended to John Sydney, the son of the said Robert, which John died without issue, leaving his nieces, the daughters of his next brother, Thomas Sydney; viz. Mary and Elizabeth Sydney, his /wirs general, and Joceline, his youngest brother, his heir male, who became earl of Leicester, and died, as it is said, without issue ;^ whereby the titles created by the letters patent of James I. became extinct. Upon the death of Mary Sydney, without issue, Elizabeth Sydney, her sister (who had married Mr. Perry,) claimed the barony of Penshurst, as sole heir of Robert Sydney, who was summoned to parliament by writ, as before mentioned, the 1st of Will. & Mary- Mr. Wallace, the Attorney-general, in his report, stated that the petitioner claimed the barony of Sydney of Penshurst, as being the sole heir general of the body of Robert Sydney, who was called to parliament by writ, in vita patris, upon a supposition that the effect and operation of the writ of summons to parliament without letters patent, and having taken his seat in parliament, pursuant thereto, vested a title in him to the barony, descendable to his lineal heirs. That a WTit of summons to parliament, and a sitting in pursuance thereof, did cer- tainly, in general cases, ennoble the person and his descendants ; but he conceived that the effect of a writ of summons to the eldest son of an earl or viscount, by the title of his father's barony, or to the elder son of a baron, who had two or more baronies, to one of his father's baronies, was to accelerate the succession of the son to the barony, which on his father's death, would descend to him ; and the extent of the inheritance depended upon the nature of his father's title to the barony, whether in fee, or in tail male. That the usual manner of calling up the son of a peer in vita patris, was by writ of summons to the barony of the father ; and the persons thus called had been constantly placed in the house of lords, according to the antiquity of their father's barony ; although since the statute 31 Hen. VIII. (c. 10.) for placing the lords, whereby the precedency of peers was fixed and established, the right to such precedency had at different times come under the consideration of the house ; * and, although it did not appear that the house ^t , ,j had determined the point, yet it was highly probable that the lords had satisfied them- Vol. iv. p. 35. selves, that the eldest sons of peers called up by writ into their father's baronies, were entitled to the same precedence and rights, which they would have been entitled to, if they had succeeded to the same by descent ; and that the calling them up by writ in their father's lifetime, only accelerated the possession. That he was of opinion, that the effect of the writ of summons to Robert Sydney (commonly called viscount Lisle) to his father's barony, gave to him the like inheritance " He had a son John, whose legitimacy, with an analogical reference to the case of the Banbury claim some time since before the Lords' Committee of Privileges, affords matter of important consideration. — Vide the printed account of the trial at bar, in the court of C. B. 11th February, 1782 : John Sydney, earl of Leicester, &c. demandant ; and Elizabeth Perry, widow, tenant. 36 BARONIA ANGLICA CONCENTRATA. his father had in the barony, which was restrained to heirs male ; and that the petitioner was not, as heir general, entitled to the barony. But as the case appeared anomalous, and never to have been precisely determined, he thought it advisable to refer it to the house of peers. The case was referred accordingly, and after having been fully heard, the house of lords resolved. That the claimant had no right, in consequence of her grandfather's sum- mons and sitting. After this solemn determination by the High Court of Parliament, the proper tri- bunal for hearing and adjudicating such questions, it certainly is the duty of every one to bow to so great an authority ; but, nevertheless, there are some points which seem to occur in opposition to the doctrine embraced by the decision of the house, which now can only be introduced (with the utmost deference) for the sake of argument. The question has been, whether a barony in fee tail male was, by the writ, turned into a barony in fee tail general ? To this it is answered, that the writ is nothing more than simply anticipating the death of the father as to his barony only. But by what power can the writ divest the father of his barony in favour of his son, though even the eldest, for the maxim of the law is. Nemo est hares viventis ? Does the father surrender his barony into the hands of the king ? If so, and he has a new grant in favour of his son, the summons becomes, as it would purport, a writ of creation to a new dignity. But, if the law admits of a surrender or conveyance of the barony from the father, the same principle might carry the surrender for the benefit of a second, third, or any other son, and thereby give the father (with the favour of the crown) an opportunity of introducing into the house of peers as many lords as he had baronies vested in him. With regard, however, to the power of surrendering an honour *Lords'Journ. SO as to extinguish it, or alter the course of descent, the decision made* in the lord anno 1678. Purbeck's case expressly declared, that no fine or recovery or surrender could be made of an honour. But this resolution may probably not be considered to go the length of de- claring, that the father may not surrender his barony to his son and heir. Yet to come a little nearer to the question, the following extreme case may be sug- gested. George Finch is by letters patent created baron of Putney, with limitation to him and the issue male of his body. He has issue a son William, which Wilham succeeds his father, and is advanced to the earldom of Wandsworth, with the like limitation to his issue male. He has issue two sons, Frederick and Thomas ; of these, the eldest son, Frederick, styled by curtesey lord Putney, is, in his father's lifetime, called up by writ to the house of peers by the name of that barony. After this, his father the earl of Wandsworth, is attainted for high treason, and his honours forfeited by reason of his hjaving been tried, found guilty, and executed. ORIGIN OF NOBILITY. 37 Upon the decease of the earl, it is certain that his son, the lord Putney, would not succeed to the earldom, but what would become of the barony of Putney ? The son it is true Avould be undoubtedly in the possession thereof: but that possession would be by virtue of his anticipatory writ of summons, and not by reason of his being heir to his father, for the father's blood would, by the attainder, be corrupted, and his issue inca- pable of inheriting any thing from him. It being then admitted, that the son could not take the honour by descent from his father, it follows, that he can only hold the barony in possession, y;CT-/orma?n cloni, which being then derived h summonitione sed non patenti, the operation of the writ must be the the creation of a new barony, and that barony descendable to heirs general, contrary to the course of limitation of the previous barony. Now supposing the old barony to have been kept alive in consequence of the im- plied surrender of the father, previous to his attainder ; the question then arises, whether the said barony would, upon the death of the lord Putney without issue male, descend upon Thomas, his surviving brother and heir male? In the case of the lord Clifford of Lanesborough, eldest son of the earl of Burling- ton, who was called by writ of summons into that his father's barony, but died in the lifetime of the said earl his father, leaving Charles his son and heir, a question arose, whether if a lord called by writ into his father's barony shall happen to die in the life- time of his father, the son of that father so called be a peer, and hath right to demand his writ of summons ? The lord president reported from the Lords' Committee of Pri- vileges, to whom it was referred to consider, "That their lordship's find no precedent in this case." A debate arising, upon the question, the house at length resolved,* " That * Lords' the said Charles lord Clifford hath right to a writ of summons to parliament, as lord voi.xxv.p.li. Clifford of Lanesborough :" and he took his seat accordingly. ^^• The same point was determined in the case of lord Herveyt. t Ibid. This determination, however, which declares their lordships' opinion, that the son of the party so summoned vita patris, and dying in the lifetime of his father, would be entitled to succeed his departed father ; yet does not go the length of deciding that the brother of the party summoned, in case he had died without issue, would have been similarly entitled to his writ of summons. Ergo, to return to the Putney case, it seems that if that baron died S.P.M., his brother would have no right to succeed him in the barony : and he could not make himself heir to his father, inasmuch as the corruption of blood by his father's attainder would be an impediment. Thus then, the effect of the writ of summons, in the instance cited, must appear to have two contrary operations : the one that it preserved, notwithstanding the attainder, the descent of the barony in the male line of the person summoned ; — the other, that' though the barony with its ancient precedency was preserved, yet it was not rendered 38 BARONIA ANGLICA CONCENTBATA. descendable to the collateral heir male, who might eventually become the lineal heir male of the person first ennobled. All these remarks, after a solemn determination of the house upon a question so particularly embracing the law of descent of their honours, certainly cannot be made, but with all due submission, and, as such, are here merely protruded, as matter of considera- tion, upon an extreme case, which has never yet been brought before their lordships for discussion, and which perhaps may never occur. It has been but seldom that the eldest son of a baron has been summoned vita patris into the second barony of his father, the father being by inheritance possesed of two honours : the first instance was by Charles II., who, in the thirty-second year of his * Journ. reign, by writ dated the 1st of November, 1680,* called the son of the lord Darcy to par- liament, by the title of lord Conyers ; shortly after which, he advanced the lord Darcy (the father) to the dignity of earl of Holderness. Dom. Proc. OF DIGNITIES BY LETTERS PATENT. The usual manner of creating barons other than those who were so by their feudal grants, after the 49 lien. III., was, as before shown, by writ of summons; but in the 11 Rich. II. John Beauchamp de Holt, (a time-serving man and steward of the king's household,) fRot. Pat. 11 was created baron of Kidderminster, by letters patent;! before whom, as lord chief- m!'^i2. ^ ' justice Coke says,| there never was any baron created by that form; and, therefore, + ^ ^"*'- ^'^•^- whenever a barony appears to have existed before that period, it must be taken to be a barony by tenure, or writ. 5 Vol.u.p.l95. Dugdale observes,§ that the solemn investiture of barons created by patent, was performed by the king himself, by putting on a robe of scarlet, &c. ; which form con- tinued till the 13 Jac. I., when the lawyers declared, that the delivery of the letters patent was sufficient without ceremony. But though baronies were not created by letters patent before the reign of Richard II., divers earldoms had been so created, of which however, there are but few on record antecedent to the 11 Edw. III., and those are chiefly, if not all, of earldoms with the third penny of the pleas of the county annexed. One of the most ancient of these patents, or charters, is that of the empress Maud to Geoff'rey de Mandeville, of the earldom of Essex, in these words; viz. "Effo Matildis, ^c; do et concedo Gaufredo de Magnavilld, S^c. ut sit comes de Essexia, et habeat tertium denarium vicecomitatus deplacitis, sicut comes habere debet in comitatu suo:" which show, that the sovereign did not anciently grant nomen, stylum, et titulum comitis ; but ipsum comitatum, by which the tertius denarius comitatus, unde comites erant, passed, and the ORIGIN OF NOBILITY. 39 parties were tliereby earls, without any express words for the grant of the dignity, — as the case of Courtney, earl of Devon, more fully shows, viz. in the 8 Edw. III. Hugh de Courtney, heir general to Baldwin de Redvers, earl of Devon, represented to the king that he was seised of the tertium denarium of the county of Devon with divers lands, by inheritance, but that the same was refused to be paid to him, by reason he was no earl: whereupon the king, having upon investigation found the said representation to be true, by his letters patent, dated the 22nd Feb. 9 Edw. III., declared, that he thenceforth should assume the title of earl, and style himself earl of Devon, as his ancestors had done ; and he afterwards sate in parliament by that title accordingly. King John was the first who introduced the practice of granting them only a cer- tain sum, viz. ten or twenty pounds, out of the third penny of the pleas of the county, and thereby reserving to himself the other profits. With regard to John de Beauchamp of Holt, the person before named as the first who was created a baron by patent, it is rather singular that he was attainted the very same year, and though his name appears in the lists of summons to parliament of that year, he never sate. He was one of the accomplices of Michael de la Pole, the unpopular duke of Ireland, who, when the patent passed, had the keeping of the great seal, from which in the preceding parliament he had been removed, and declared incapable of having it again : the patent, therefore, was nothing more than a vain attempt at a creation, which never was perfected. The author of the " Enquiry into the Manner of creating Peers" has observed * * p- 70. " That all the patents for baronies before 1 Hen. VII. are jser breve de privato sigillo et de auctoritate parliamenti, and, consequently, had all of them the force of acts of parliament." But this doctrine seems erroneous, inasmuch as Seldenf (mentioning the viscount tTit. Hon. p. Beaumont's case) writes thus: viz. "The date is at Westm"". 12 Martii, in the 23rd of the king ; and the warrant is expressed by, per breve de privato sigillo, et de data predictd auctoritate parliamenti ; which last words, divers patents (of that age, and some that follow) have in the expressions of their warrants, by reason of the statute of 18 Hen. VI., cap. 1, by which it was enacted, that letters patent should be dated the same day wherein the warrant for them is received : as to this day, from that time and act, the law hath continued. Again, the prince's casef confirms this statement ; viz. " Et quando exiturae sunt + 8 Coke. sub billa signata, et sub sigillo etiam privato, tunc privatum sigillum manet domino cancellario, et billa signata manet clericis signaturae, et hac allatum est domino privati sigilli extractum ad faciendum breve de privato sigillo ; et tunc literse patentes subscri- buntur, per breve de privato sigillo ; et si hac verba (scilicet auctoritate parliamenti) apponantur tunc exeunt secundum statutura de anno 27 Hen VIII. cap 11." 40 BARONIA AN6L1CA CONCENTRATA. * 1 Inst.16. b. Lord chief-justice Coke says,* that where a person is created a peer by letters patent, the state of the inheritance must be Hmited by apt words, or else the grant is void. The usual words are, to hold to the grantee, and the heirs male of his body : though some- t Cornwayie times it is for the life only of the grantee ;t and sometimes, with remainder over in default broke "iiot ' °^ issue, to a collateral male relative : J though sometimes also, a remainder, by special Pari. 20 Hen. favour, has been granted to the issue male of a daughter, where the party has only had V I . t Lowther female issue for his heirs, — as in the cases of the earls Howe and Wilton. aSe^Geo. IIL ^^ *^^ cases of letters patent, the creation is perfect and complete, although the § Ibid 12 Rep. grantfie should die before he has taken his seat in parliament.§ Thus Henry Waldegrave ^^- being, by letters patent, dated 1 Jac. II., created baron Waldegrave of Cheriton, to him and hisissue male, died before he took his seat in parliament: but his son and heir, James, 11 Lords' Journ. was afterwards introduced in his robes, and took his seat accordingly. || vol. xxi.p.682. ^j.^ Selden asserts, there was no instance of the grant of a diynity by letters patent to a person, and his heirs generally. But it nevertheless appears, upon reference to the Lisle case (already herein before noticed,) that the said barony was granted to John Tal- bot, his heirs and assigns, lords of the manor of Kingston-Lisle. It probably may be questioned how far this grant was a creation, or a confirmation, of a precedent right, as the ancestors of the said John Talbot had, as asserted in the patent to him, (though cer- tainly untruly,) by long inheritance, been barons Lisle, by tenure and UTit of summons. But, as that actual barony, — that is, the feudal manor of Kingston-Lisle, was in reality vested in his mother, he had no further interest in the honour than with her consent ; and, by the declaration of the king, became conceded to him. The words of the patent for this purpose were " Ad removendum omnem dubiitationis scrupulum ipsum, ^c. ; crea- vimus, ^c. The most singular limitation of a dignity created by patent, next to that of Lisle, is that of the barony of Lucas of CrudweU. It was granted the 15 Cha. II. to Mar)', coun- tess of Kent, to hold to her and the heirs male of her body begotten by the earl of Kent: and for want of such issue, to the heirs of her body by the said earl ; with a declaration, " That if, at any time or times after the death of the said Mary countess of Kent, and default of issue male of her body by the said earl begotten, there shall be more persons than one, who shall be co-heirs of her body by the said earl, the said honour, title, and dignity shall go, and be held and enjoyed, from time to time, by such of the said co-heirs, as by course of descent at the common law should be inheritable to other entire and indivisable inheritances, as, namely, an office of honour, and public trust, or a castle for the necessary defence of the realm, or the like ; in case any such inheritance was given, or limited to the said Mary, and the heirs of her body by the said earl begotten." — And by a private act of parliament, 15 Cha. II., this declarative clause is ratified and con- firmed. ORIGIN OF NOBILITY. 41 This is the only precedent among the grants of English peerages, where the title has been expressly defined to descend to heirs general, so as not to fall into abeyance, in case of there being more than one female co-heir. Among the Scotch honours, there is an instance of similar restriction, with regard to the earldom of Dysart, conferred by Charles II. on William Murray, and by one of his co-heiresses brought into the family of ToUemache. It may not be irrelevant to remark, that the greater part of the Scotch peerages, the earldoms especially, are descendable as well to the female, as to the male line. In the cases before the lords' committee of privileges, upon a claim to the Roxburgh titles, there were exhibited extraordinary powers granted by the crown to an individual, with regard to nominating his successors to his honours. This kind of favour, sometimes conceded by the kings of Scotland, while that crown was a distinct kingdom, proceeded upon the feudal principle, that certain lands having been erected into an honour, either barony or earldom, which lands, according to common law, would have been descendible to heirs general, the same were, therefore, conferred upon a particular person, with the like power of ordering the course of succession, as he would have had, provided the lands had been a private estate of inheritance. Previous to the Scotch union, the surrenders of charters of peerage grants, with re- grants, or charters of rwvo-damus, were very frequently made and obtained : but since the union, the course of succession to Scotch honours remains upon the letter of the charter under which they were inheritable at the time of the union. It is particularly noticeable of many Scotch titles, that they have been granted to heirs male whatsoever, and not like English honours, restricted to the issue male of the body of the patentee. Thus the baronies of Aston, and Kircudbright, were enjoyed by persons not descended from the body of the party first ennobled. There is a very peculiar feature of the latitude granted by the Scotch sovereigns to those whom they have thought fit to dignify with peerages, running through the title of Oxfoord. By letters patent, dated in 1651, but which did not pass the great seal till 1660, Charles II. created Sir James Makgill, and his heirs maU of Tailzie, and provi- sion whatsoever,* viscovints of Oxfoord, and lords Makgill of Cousland. In 1662 this *Journ.Dom. nobleman made a surrender of his estate to the crown, and obtained a new charter with p'^'379° '*""' a clause de novo damns, to himself, /or life, remainder to Robert, his eldest son, by Livingston his wife, and the heirs male of his body by her, remainder to the heirs male of his body by any other wife, remainder to such person or persons as he had named and appointed, or should name and appoint by any writing under his hand, default of which, to hvi heirs male whatever ; which all failing, to his heirs and assigns whatsoever." In 1733 James Makgill, heir male of the patentee, claimed the peerage, and, on the 25th April, 1735, the claim was heard.f He was found to have half the character, but j. n, __ 532^ VOL. I. 6 42 BARONIA ANGLICA CONCENTRATA. to want the other half. He was heir male ; but he was not heir of Tailzie and provision : the claim was not allowed. Somewhat similar to the preceding, was the grant made by king James I. under the great seal of Scotland, dated 20th Dec. 1607, of the title of lord Halyrudhous to Mr. John Boithwell (one of the senators of the college of Justice) and the heirs male of his body ; which failing, to the heirs male of Adam Bishop of Orkney, his father ; which * Joum.Dom. failing to the lawful and nearest heirs and assigns of the said Mr. John Boithwell.* ''™ 85°' ^"^ "^^ patent and charters granted in the instance of the English barony of Lisle, by Henry VI. and Edw. IV., which have been before cited, have nothing so extraordinary in them as is contained in these two creations of Oxfoord and Halyrudhous. ON THE SURRENDER OF TITLES. It has already been observed, that a resolution of the house of lords has declared that no title can be surrendered to the crown, so as to bar the right of any one entitled in the course of legal descent to the inheritance thereof : but neither the particular case or the principle of the decision having been fully stated, it may not be irrelevant to notice this interesting subject in a more detailed manner. In 1619, the 17 James I., Sir John Villiers, knight, (one of the brothers to the great favourite George Villiers, duke of Buckingham,) was created baron Villiers of Stoke, and viscount Purbeck, by letters patent, with limitation of those honours to the heirs male of his body. Robert, his son and successor, in 1660 levied a fine of his honours, and died in France 1675 ; whereupon Robert, his son, assumed the title of viscount Purbeck, + lb vol ziii ^^^ claimed his seat as such in the lords' house of parliament ; on which occasion,t it p. 253. -^vas solemnly determined, on the 18th of June, 1678, " That no fine now levied, or at any time hereafter to be levied to the king, can bar such title of honour, or the right of any per- son claiming such title under him that levied, or shall levy such fine." But this determination was not made without great opposition on the part of Sir William Jones, the king's attorney-general, who besides citing numerous precedents, t CoUins's remarked, J that, by the statute of 26 Hen. VIII. cap. 1 7, « man attainted of treason shall ^^^■T'^'^^'^' forfeit his lands, tenements and hereditaments." Now, the word which here comprehends honours, must be hereditaments ; ergo, if these words comprehend honours, the rule at common law, with regard to other estates, seems to apply to honours ; for provided they are, although an estate tail, subject to be extinguished for an act unlawful, viz. treason, they are equally liable to be surrendered by act lawful, namely, fine or recovery. It ap- pears a singular doctrine, that, like an hereditament, they should be forfeitable, and yet, like an hereditament, they should not be alienable. ORIGIN OF NOBILITY. 43 The ingenious arguments of Mr. Attorney were, however, ably rebutted by the earl of Shaftsbury, and probably overruled by the sentiments of the lords, by reason that the honour and dignity of the peerage would have been reduced to the practice of the courts at Westminster-hall ; a point which, in the Banbury case some years afterwards, occa- sioned a long controversy between the judges and the lords. During this discussion, the speech of the earl of Shaftsbury had the following notice- able passages, viz : — " Your lordships did never suffer your honours to be tryed by the courts below, or anywhere but before yourselves ; although your other inheritances are tryed there, as well as other men's; for titles of honour are not dispensable as other inheritances; neither will their descent be guided by the strict rules of the common law. "Your lordships are the next thing to the crown — though that be far above us; but those who reach at that, must take you in their way. Your lordships were voted useless and dangerous before the crown was laid aside ; and as, in the descent of the crown, the whole kingdom have such an interest as the king cannot alien, or surrender it, so in a proportionable degree, though far less, the king and kingdom have an interest in your lordships' titles and dignities. " It is granted, that honours may be forfeited, but it doth not therefore follow, that they may be extinguished, — there being two reasons for the forfeiture, which are peculiar to honours, viz: — " First — Because there is a condition in law, that they shall be true and loyal to the crown and government. " Second — Honours are inherent in blood, and when that is corrupted and stained, that which was inherent is likewise taken away; but in the case of surrender, those reasons do not hold : here is no breach of any condition in law, — here is no corruption of blood. For these two reasons, felony without clergy forfeits honours ; whereas other inheritances, though fee-simple, are only lost for a year and a day ; so also are freeholds for lives ; which is another clear instance, that honours are not governed by the rules of the common law, as in other inheritances." With respect to the precedents quoted by the attorney-general, they either related to feudal honours, which while the peerage dignity was attached to the tenure of certain lands, passed according to the principles of common-law inheritances ; saving that, being tenures in capite, they required the king's licence for the surrender or alienation ; or they referred to the surrender of earldoms,* and other honours, descendable in the * Norfolk et blood, which were aU bare surrenders without fines ; or were made by persons who had Sj"*^"! **'"''' advantage by them, in having greater honotirs granted to them.* The case of Roger a William Faulet, earl of WilttUre, on being advanced to the dignity of Marquess of Winchester. 44 BARONIA ANGLICA CONCENTRATA. Stafford, designated by my lord Shaftsbury " Mr. Attorne-^s sole, single, and melancholy precedent" made in 1638, and condemned in parliament in 1640, forms a solitary sub- ject for consideration ; and the more so, because it is a case which neither historians, lawyers, or heraldic authors, have ever fairly set forth. It was this : — Edward Stafford, duke of Buckingham, earl and baron Stafford, was indicted and arraigned for treason, and beheaded the 17th of May, 1521, (13 Hen, VIII.), after which he was attainted, whereby all his honours, &c., were forfeited. But Henry Stafford, his only son, was, immediately after his father's execution, restored in blood, though not to his honours or lands. The 20th of September, however, a small provision was made for him out of those immense estates which had been seized by the crown ; and on the 5th of July, the 23 Hen. VIII., a further grant of the castle of Stafford, &c. was made to him ; the yearly rent of all which together only amounted to 317^. 13s. \\d. The 1 Edw. VI. he was again restored in blood, says Dugdale, who cites the journals of that year ; but in the Statute-book, no copy or title of such an act appears. From this act it is shown, that he had restitution of the barony of Stafford ; yet, with a limitation of descent different to that of the ancient barony, which, originating by writ of summons, was descendable to heirs-general ; whereas the title now conferred was to go only to heirs-male. The words of the act were, " That the said Henry lord Stafford, and the heyres-male of his body, may and shall be accepted, taken, known, reputed, called, and written, henceforth by the name of lord Stafford ; and that the said Henry, and the hey res male of his body coming, shall have and enjoy, in and at all parliaments, and other places, the name, roome, place, and voice of a baron, &c." This Henry thus restored baron Stafford to him and his heirs male, had issue four sons ; viz. Henry, Edward, Walter, and Richard : of these, Henry and Edward were successively barons Stafford ; the latter was father of another Edward, whose son, a third Edward, died before his father, having had issue a daughter Mary, and a son Henry, which Henry died unmarried ; by which event Mary, his sister, who married Sir William Howard, a younger son, to Thomas earl of Arundel, became his heir general : but by reason that the inheritance of the barony was by the act of Edward VI. restricted to heirs male, she was incapable of succeeding to the said honour, as she would have been entitled to have done to the original barony, provided it had never been forfeited. Thus the male line of Henry and Edward, the two eldest sons of Henry, the res- tored baron Stafford, having failed, the course of succession devolved upon Roger, the' son of Richard Stafford the youngest brother to the aforesaid Edward, (the other brother Walter being dead, without issue,) which Roger immediately presented a petition for the barony ; but, being of himself merely of slender fortune, (probably none at all) he was borne down by the weighty power of the Howards, who solicited the barony for the sis- ter of the last lord Henry, and her husband, the before-named Sir William Howard. ORIGIN OF NOBILITY. 45 Richard Staiford (before mentioned) died very poor : his son, the said Roger Staf- ford, was born at Malpas, in Cheshire ; in his youth he went by the name of Fludd, or Floyde — for what reason has not yet been explained ; perhaps, with the indignant pride, that the very name of Staiford should not be associated with the obscurity of such a lot! However, one Fludd or Floyde, a servant of Mr. George Corbett of Cowlesmore, near Lee, in Shropshire, (his mothei's brother) is mentioned in a MS. which undoubtedly was once part of the Stafford collections ; and it is not improbable, that this person was some faithful servant, under whose roof he might have been reared, or found a shelter from misfortunes, when all his great alliances, with an odious and detestable selfishness, might have forsaken him ; and that he might have preferred the generous, though hum- ble, name of Floyde, to one which had brought to him nothing but a keener memorial of his misfortunes. At the age of sixty-five he became, by the early death of Henry, lord Staiford, (the great-grandson of his father's elder brother,) in 1637, heir male of the family ; a circum- stance which was to subject him to new mortifications. The act of 1 Edw. VI. restored his grandfather in blood ; gave to him and the heirs male of his body the rank of a baron, and enabled him and his successors to make join- tures or grant a life estate to younger children ; or dispose by will for advancing children, or paying of debts, to the amount of two-thirds of the parcels of the smallUands restored by Hen. VIII. Yet Dugdale does not specify whether the entail was on the heir male, or heir general, except of a small part : but the entail of the peerage depended upon the act of Edw. VI., which decisively expressed it upon the heir male. Roger Stafford therefore, in 1637, became, beyond all doubt, entitled to be lord Stafford, and accordingly presented a petition of claim, and submitted his right to the king's judgment. Upon which submission his majesty declared his royal pleasure, that the said Roger Stafford, having no parte of the inheritance of the said lord Stafford, nor any other landes or meanes whatsoever — (a most honest and just reason certainly) — should make a resignation of all claims and titles to the said barony of Stafford, for his majesty to dispose of as he should see fit. In obedience and performance of which order, the said Roger Stafford did, by his deed enrolled, dated 7th Dec. 1639, grant and surrender unto his majesty, the afore- said barony of Stafford, and the honour, name and dignity of lord Stafford in and by the act of Edw. VI. granted ; together with all his right, &c. &c. : and covenanted before the end of Hilary term next, to levy a fine of the barony; which fine was accordingly levied. After which surrender made, and fine levied, the king, by patent, 12th Sept., 16 Car. I., created Sir William Howard, and Mary his wife, baron and baroness Stafford, with remainder to the heirs male of their bodies; remainder to the heirs of their bodies, with such place and precedence as Henry, Lord Stafford, brother of the said Mary, had or ought to have as baron Stafford: which latter clause 46 BARONIA ANGLICA CONCENTRATA. seems illegal : inasmuch as it would be a new creation, the limitations being diiferent from those of the old honour : and no new creation can, without an act of parliament, take precedence of any older creation of the same degree. Thus was this poor old man overpowered for ever, and the cruel and unjust result, aggravated if possible, by the illiberality of the manner, in words as base, as the decree was arbitrary and unprincipled ! viz. " Roger Stafford, in his youth called Fludd, pre- tending himself to be descended from a younger son of the said Henry first lord Stafford, did claim the barony of Stafford, which title and dignity the said Sir William Howard, in right of his said lady did also claim ." By what intimidation this unhappy no- bleman was influenced to surrender his rights, cannot now be known ; but the validity of a fine has since been questioned, and entirely annulled, as before observed, in the Pur- beck case. In the 4 Edw. IV. John Nevill, lord Montague, was created earl of Northumberland, per ipsum regem ore tenus, which memorandum was probably added at the foot of the record in consequence of the patent having passed without a writ of privy seal, by the personal order of the king. In the 8th of the same king this writ was brought into chancery to be cancelled : and NeviU was created marquess of Montague. In the 11 Edw. IV. Lodowic de Bruges was created earl of Winchester, to hold to him, and the heirs male of his body. In the 15 Hen. VII. the letters patent appear to have been restored to the king, to the intent that they might be cancelled ; and, by a memorandum at the foot of the record, it seems, the inrolment was thereupon vacated. But these precedents were previous to the Stafford and Purbeck cases, and were not accompanied by any fine. The resolution in the Pvirbeck title does not appear to have been meant to apply retrospectively. FORFEITURE. A Dignity or Title of Honor, whether holden in fee, in tail, or for life, is forfeited for ever, and lost by the attainder for treason or felony of the person possessed of it, and * Cruise on can only be again revived by a reversal of the attainder.* Dignities. Ralph, Lord Nevill of Raby, was created Earl of Westmoreland, to hold to him, and the heirs male of his body. From him descended Charles the sixth earl, who, in the 13th of Queen Elizabeth, was attainted of high treason, by outlawry and by act of par- liament. He died s. p. m., upon which Edward Nevill, Lord Abergavenny, descended from a younger son of Ralph the first earl, claimed the title as heir male of the body of the first grantee of the earldom. ORIGIN OF NOBILITY. 47 On hearing of his petition, it was resolved by all the Judges, that although the dignity was within the statute, de donis conditionalibus, yet it was forfeited by a condition in law, tacite, annexed to the estate of the dignity ; for an earl has an office of trust and of confidence f and when such a person, against the duty and end of his dignity, takes not only council, but also arms against the king to destroy him, and thereof is attainted by due course of law; by that he hath forfeited his dignity in the same manner, as if tenant in tail of an office of trust misuse it, or use it not.** These are forfeitures of such offices for ever, by force of a condition in law, tacite, annexed to their estates. It was also resolved, that if it had not been forfeited by the common law, it wovdd have been for- feited by the 26th Henry VIII. "^ In the case of entailed titles, no corruption of blood takes place ; and therefore a dignity in tail may be claimed by a son surviving an attainted father,* who never was * Lords' Jour, in possession of such dignity ; for the son may claim from the first purchaser of the d\gn\ty , per formam doni, as heir male of his body, within the description of the grant. In the instance of a dignity descendaljle to heirs general, the attainder of any an- cestor of a person claiming such dignity, through whom the claimant must derive his title (though the person attainted was never possessed of the dignity) will bar such claim — for the blood of the person attainted being corrupted, no title can come through him.t fLumleycase. Where a person is tenant in tail male of a dignity, with a remainder over in tail male to another, and such person is attainted of high treason, the dignity is forfeited as to him and his issue male ; but upon the failure thereof, it becomes vested in the remainder man, or his male descendants.!'' + Northumb. ' . ^ . . Earldom. There is a diiference, however, between an attainder for high treason, and an at- tainder for felony. Dignities, whether created by writ, or by patent, become forfeited by attainder, for high treason : but, by an attainder for felony, an entailed dignity is not forfeited, though one created by writ and descendable to heirs general is. Thus Mervin Touchet was baron Audley by writ, in England, and earl of Castlehaven in Ireland, by patent, with limitation to his issue male. In 1631 he was attainted of Felony, and was executed on charges found against him of an infamous nature. His barony of Audley was forfeited ; but, according to modern principles his earldom was not affected. a Quie. how far this would apply to the dignity of a baronet similarly entailed, who not being (like a peer) of the king's council, holds neither an office of trust nor confidence ? b If a peerage be an office of trust, and forfeitable in the same manner as tenant in tail of an office of trust who rcisuses it, or uses it not, it seems to purport that the non-claim of a dignity, to which any one is heir for two or three hundred years, is a misuse, or non-use of the dignity descended to him ; and is an abandonment of right, and, as such, within the Statute of Limitation. c A copy of Nevill's claim is in the Lansdown MSS., 254, p. 376. It is a very curious and interesting docu- ment. ' Under this presumption king James I. conferred the earldom upon Charles Blount, baron Montjoy, who dying without legitimate issue, it once more terminated, and fell again to the crown; when king James in 1618, by letters patent, created William, lord Cavendish, earl of Devon, in whose descendants it thenceforth remained, till William, the fourth earl, was advanced to the title of duke of Devonshire, in 1694, when it became merged in the higher dignity, and is vested at the present day. During all this period, the Courtenay family, though the heir male was possessed of a great estate, never assumed aiiy claiin, but permitted the earldom to be granted over twice to other families without complaining, and even accepted the very inferior honour of a baronetcy, which afterwards was advanced to the dignity of the peerage, by the tide of viscount Courtenay, in 1762. AVilliam, third viscount Courtenay, and grandson of the first, was, however, so for- tunate at last to discover, (after a lapse of time of nearly two hundred and eighty years,) that the title of earl of Devon, restored by queen Mary, to Edward Courtenay, was not limited to the issue male of his body, but to his heirs male whomsoever, and that he was the heir male then entitled to the earldom. On this he presented a petition to the crown, claiming the said earldom, which petition, after having been referred to the attorney- general was reported by him favourably, and was thereupon referred to the house of lords, who in their committee of privileges resolved, that he, the viscount Courtenay, was entitled to the said earldom of Devon, which resolution was approved of by the king. On this occasion their lordships observed that they were bounden in their decision by the letters patent, in which, whether the words de corpore suo, were accidentally left out, or purposely omitted, they could only be guided in their judgment, by the expres^ words of the patent, hceredibm suis masculis in perpetuum, which opened the right of suc- cession to heirs male whatsoever. There cannot be a doubt but that the Courtenay family considered the earldom extinguished upon the death of earl Edward in 1566, s.p., or they never would have seen it granted over to the barons Montjoy, and Cavendish, without an interposition of their own right. However, of late years, many claims to Scotch peerages, similarly limited, having been preferred, and allowed to the respective claimants, this circumstance might have led to the enquiry into, and the discovery of the contents of queen Mary's patent, which forms an anomaly in the creation, or rather limi- tation of Ensrlish peerages. With reference to Scotch titles, to which Lord Brougham in the committee cif pri- vileges, alluded, by assimilating the earldom of Devon to that of Annandale ; — it is to be observed, the Scotch charters generally, have words of express and decisive meaning, as *\ ORIGIN OF NOBILITY. 51 htsredibus suis mascvlis quihvscunque in perpetuum, or haredibus suis masculis impertuum nomen et anna familm yerentibus ; but no such comprehensive words are in the Devon patent ; and as to the Annandale title, it was not then, nor as it since been determined, so that it would have no bearing upon Lord Brougham's analog)"^, which was a gratuitous recommendation in behalf of the claimant. The first Scotch title of this description, brought before the house of lords in Eng- land for decision, was that of Kircudbright, respecting which, it appears that Sir Robert Maclellan, was by Charles I., in 1633, created a peer of Scotland, by the title of lord Kircudbright, to hold to him, suisque haeredibus masculis, cognomen et arma dicli Domini Roberti gerentihus. He died in 1641 without issue male, whereupon he was succeeded by liis nephew William Thomas, son of his brother William, who was second son of Sir Thomas, father of him, the said Robert lord Kircudbright. This Thomas, second lord Kircudbright, also dying in 1647 s. p., the title devolved upon his cousin John, eldest son of his uncle John, who was the third and youngest son of Sir Thomas, father of the first lord. At length by failure of all intervening heirs male, the title fell to be represented by John Maclellan, an officer at the time in the 30th regiment of foot descended from Gilbert Maclellan, second son of Sir Thomas, who was grandfather of Tliomas Maclellan, the grandfather of Sir Thomas, the father of Robert first lord Kircudbright. This John having presented a petition to his majesty, (Geo. III.) claiming the title, it was referred to the house of lords, by whom in May 1773, it was adjudged that he had a right to the title, honour, and dignity of lord Kircudbright, claimed in his petition. — He was lieutenant-colonel in the third regiment of foot guards, and retired from the ser- vice in 1789, and died in 1801, leaving two sons, who succeeded each other; but both deceased without leaving any issue male, so that the title is now dormant, tliough it can- not be deemed extuict so long as a male Maclellan can exist capable of proving a descent from the original stock.* The Scotch peerages in general, had from a very early period, a course, or line of limitation very different from those of English creation, in which respect, it would be inconsistent to adjudge an English title, by a presumed Scotch analogy ; or a Scotch peerage by English precedent. NEW LAW OF DESCENT. (Section 5 and 6. — 3 and 4 William IV., chap. \Q%.) By these sections (5 and 6) it is enacted, " That no brother or sister shall be con- sidered to inherit immediately from his or her brother or sister, but every descent from * When the editor was in America, in 1826, he was acquainted with a general Maclellan, in the service of the United States, who then told him he was descended of the house of Kircudbright. He was married and had male issue. 52 BARONIA ANGLICA CONCENTBATA. his brother or sister shall be traced through the parent, and that every lineal ancestor shall be capable of being heir to any of his issue ; and in every case, where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir, in preference to any person who would have been entitled to inherit, either by tracing his descent through such lineal ancestor, or in consequence of there being no descendant of such lineal an- cestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor, to any of his issue, other than a lineal nearer ancestor or his issue." CONCLUDING OBSERVATIONS. It is said to be doubtful whether a person can refuse to waive a dignity conferred upon him by the crown. Lord chief-justice Coke asserts "if the king caUeth any knight or esquire to be a lord of parliament, he cannot refuse to serve the king there, in ilio communi concilio, for the good of his country." This opinion Mr. Cruise says is contradicted by lord-chancellor Cowjier, who held that the king could not create a sub- ject a peer of the realm against his will, because then it would be in the power of the king to ruin a subject, whose estate and circumstances might not be sufficient for the honour. His lordship also held, that a minor might, when he came of age, waive a peerage granted to him during his infancy. Lord Trevor was of a different opinion, and held in conformity with lord chief-justice Coke, that the king had a right to the service of his subjects in any station he thought proper; and instanced in the case of the crown's having power to compel a subject to be a sheriff, and to fine him for refusing to serve. He observed that in lord Abergavenny's case, it was admitted the king might fine a person, whom he thought proper to summon to the House of Peers,'' it being there said that a person might choose to submit to a fine ; and if it were allowed, the king might fine one for not accepting the honour, and not appearing upon the writ, the king might fine toties quoties, where there was a refusal, and consequently might compel the subject at last to accept the honour. This doctrine of lord Trevor, leads to the presumption, that formerly when the king summoned to parliament a person who did not hold by barony, but, nevertheless, was a tenant in capite of the crown, or otherwise a person of consummate judgment, whose advice he wished to have in common with the peers of the realm, such person could not 1 It does not follow because the king might think proper to summon a person once for his advice, he was boun- den to summon him thereafter ; — the writ is merely mandatory, has nothing of peerage creation in it, inferring here- ditary succession, which is only assumed to be meant by implication. Thus the records show that formerly the kings summoned divers persons to parliament for several succeeding years, and sometimes during life; but never after called their heirs and descendants to parliament by a continuance of similar writs. ORIGIN OF NOBILITY. 53 waive the writ, but was obliged to attend, or submit to a fine, which being at that sera a part of the royal revenue, would not be likely to be suspended in case of disobedience to the writ. Many of those whose baronies were of small extent, looking upon the attendance on parliament so frequently called, and at very distant places, to be a burden- some service, were more anxious to be omitted than summoned; and in such respect, would often endeavour to deny their tenure or liability, as is shown in the instances of Furnival, and the abbot of Leicester. This may in many respects account for some who were summoned to several parliaments, not being again summoned, or any of their des- cendents ; unless it be supposed that the king did not by the writ confer on them an hereditary peerage. As the fine was a penalty of non-attendance upon the summons, it follows to be assumed, that where no fine is to be found in the records of the exchequer, that those to whom writs were directed, did attend the parliament to which they were summoned : and although, the being appointed a trier of petitions may be a proof of sitting, it is not proof against the other persons named in the writ of summons being absent, for the triers could only be nominated by those who were present, which persons would be no others than those who were summoned. In the summons of the 35 Edw. I., it is thus noticed, viz. Reijinaldm de G^rey, renit per Tho. de Wymersham, attornatum.* This person was not a baron, he could not there- * Dugd. Lists. fore be a peer's proxy, as of equal rank. He was the attorney for Reginald de Grey, and appeared for him, as it would seem, merely to save the penalty, or fine imposable for non-attendance to the mandate of the writ. This indicates as strong a ground for believing the persons summoned always either personally attended, or by attorney or proxy, shewed cause for absence. Hence the argu- ment must apply, that where divers summonses were addressed for several successive years tothe same person, he was by virtue thereof an hereditary peer of parliament, unless it be considered that the king's writ was only mandatory pro kac vice, toties et quoties, and not creative of a descendable dignity. REFERENCES TO THE PROOFS OF SITTING IN PARLIAMENT, TO THE 19 HEN. VII. The Rolls of Parliament commence only in the 6 Edw. I., A. D. 1278, from which period there are not any summonses to parliament upon record till the 22 Edw. I., so that, although several parUaments were undoubtedly holden in the interim, yet there is no evidence of the names of those who were summoned thereto. The Claus. Rot., 6 Edw. I. (m. 5. in dorso), sets forth. Memorandum quod in parli- 54 BARONIA ANGLICA CONCENTBATA. amento Regis Edwardi apud Westm' in festo Sancti Michis anno regni ejusdem Regis Sexto in presencia Episcoporum Wynton', Dunelm', Hereford', Nor^vic', Prioris Provin- cial' ordinis fratrum predicatorum in Anglia, Decani Sarum, Magistri Thome Bek, Willi- elmi de Valencia, Avunculi regis, Comitum Cornub' Glouc' Waren' Warr' & de Karrick, with other names, which excepting Robert Fitz Walter, Robert de Tybetot, and John de Cobbeham, as barons thereafter mentioned in writs of summons to subsequent parli- aments, are those of the judges of the several courts, officers of the palaces, and the court royal. To this assembly came Alexander, king of Scotland, and acknowledged himself the liege man of king Edward, and did homage to him accordingly. Anno 1290, the 18 Edw. I.: Memorandum quod in crastino Sane Trinitatis anno regni regis decimo octavo in pleno parliamento ipsius Domini regis Robertus Bathon' & Wellen's &c.Episcopi, Edmundus frater Domini regis, Williis de Valenc', Comes Penebrok &c. Robertus de Tipetot, Reginaldus de Grey, Johannes de Hastinges, Johannes de Sancto Johanne, Richardus filius Johannis, Williis le Latymer, Rogerus de Monte Alto, Willus de Brewose, Theobaldus de Verdun, Walterus de Huntercumb, Nichus de Segrave. Et croteri magnates et proceres tunc in Parliamento existentes, pro se & com- munitate totius regni, quantum in ipsis est concesserunt Domino regi ad filiam suam primogenitam maritand', quod ipse Dominus rex percipiat & habeat tale auxilium, et tan- tum quale & quantum Dominus Henricus rex pater suus percepit & habuit de regno &c. Of these persons mention is made by Sir WiUiam Dugdale in his Baronage, as among the barons who had summons to subsequent parliaments. The parliament roU of the 20 Edw. I., A. D. 1292, follows the parliament holden at London. This roU sets forth a great plea between the earls of Gloucester and Hereford, apud Bergaveny, and recites — viz. " Mandavit dominus rex per literas suas delectis & fidelibus Johanni de Hasting, Johanni fil' Reginaldi, Edmundo de Mortuo mari, Rogero de Mortuo mari Theobaldo de Verdun, Johanni Tregoz, Witto de Breuse, Galfrido de CammiU, &c.; quod intersint apud Brakennock &c." Postea the said named attended ; excepting Wil- liam de Breuse, who excused himself on the ground that his lands in Wales were in the king's hands. The earl of Hereford, with the above named persons (excepting WiUiam Breuse) attended ; but the earl of Gloucester did not. Whereupon, " dictum est ex parte domini regis, Johanni de Hasting et omnibus aliis magnatibus supranominatis quod pro statu et jure regis, et pro conservatione dignitatis corone & pacis sue, apponant manum ad librum faciend' id quod eis ex parte domini regis injungetur." ORIGIN OF NOBILITY. Roh Pari. 21 Ediv. /., A.D. 1293, Vol. L,p. 114-15. AVitnesses to a deed in the nature of a fine, between John Baliol king of Scots, and Edw. I., touching ceitain lands claimed by the said John Baliol. 55 R. Comite Pictav' et Cornub'. W. Comite Warrenn'. J. Comite Line' Constabular' Ccstr'. W. Comite AlbemarP. R. Comite Wjnton. S. dc Monte Forti. G. Mai-' Com' Penbr'. Com. Patric'. Com' de Strathern'. Comite de Lavenach. Comite de Angus. Comite de Mar. Comite dc Atthol. Comite de Ros. AA^ittmo Lungcspee. Radulpho de Thonny. W. de Ros. R. de Ros. W. de Ferrar'. R. Bertram. H. Paynel. G. dc Umfranvill. Amaur' de Sancto Amando. Petro de Malo Lacu. It is worthy of remark that the parliament roll does not notice the parliament at Lincoln, of the 29 Edw. I., when the famous letter from the nobles of England is said to have been subscribed by the peers, and sent to the pope, touching the supremacy of England over Scotland. Pari. Rot. de Anne, 35 Edxo. I., A.D. 1306, Vol. I., p. 188. hie Edwardus Princeps. Wall' filius IV. hie Henr' de Lacy Comes Lincoln'. Radus de Monte Hermerii Comes Glouc' & Hertf. Thomas Comes Lancasti''. Hurnfrs. de Bohun Conies Heref. & Essex. - Johcs de Warenna Comes Surr* ex- cusat* quia in Wall' de Lie' R. Edmundus Comes Arundel. Johes de Britann' Comes Richemund. Guido de Bello Campo Comes Warr'. Robtus de Veer Comes Oxon' cxcusat Gilbts de Umfram%'ill Comes de Anegos. Henr' de Lancastr'. Adomarus de Valenc', Johes de Ferar'. Hen' de Percy, hie Hugo le Despencer. Robtus fil' Walti veniet cum Card'. Wilts de Latim'. Robtus de Clifford. Robtus de Monte alto. 56 BARONIA ANGLICA CONCENTKATA. Joiies de Hastinges. Johes de la Mare. Johes de Ripar*. Johes de Mohun. Petrus de Malo lacu excusa' p Justic'. Rofetus fil. Pagani. hie Hugo de Courtenay. Edmus Deyncourt excusa' p Justic'. Johes de Sto Johe de Lageham. Galfrs de Geynvill, Thorn' de Furnivall. Rofetus de Tony. Thorn' de Berkele. Witts de Brewosa. Petrus Corbet. Witts Martyn excusa' p Justic'. Thorn' de Multon. Johes ap Adam. Phus dc Kyme excusa' p ^. Johes de Segve. Robtvis fil' Rogi. Hugo de Veer. Waltus de Faucunberge. Radus Basset de Drayton. Rogus la Warre. Johes Paynel. ALx' de Balliolo. Hugo Pointz. hie Rogus de Mortuo man. hie Witts de Rithre. Reginaldus de Grey ven' p Thorn' de Wytnesham attorn', hie Waltus de Muncy. Robtus de Scales. Adam de Welles. Almaric* de Sco Amando. Witts de Cantilupo. Johes Engaigne. Gilbtus Peeche. Johes de Clavyngg. Witts de Leyburn. Johes de BeUo Campo de Soms, hie Witts de Grandisono. Johes Extraneus. Johes de Insiila. hie Johes de Sudle. Simon de Monte Acuto excusa' quia in Scoc'. hie Waltus de Teye. Edmdus de Hastinges. Johes de Lancastr'. Johes de Sto Johe Henr' Tregoz. Johes Lovel de Tychemerch. Alanus la Zusche. Henr' Tyeys. Nichs de Segve. Fulco Filius WarinL Johes filius Reginaldi. Galfridus de CamAall cxcusatur p Regem ut testatur litera Domini Robert! de Cotingham. Witts le Vavasour Justic' Trailb'. Witts de Ferar*. Robtus de Grendon. Edms Baro Staff'. Radus fil' WiUi' Thom' de la Roche. Theobaldus de Verdon, Junior. Witts Tuchet. Henr Huse. ORIGIN OF NOBILITY. 57 To this roll of earls and barons is to be added the Archbishop of York Angl' Primat and 19 bishops. But the Archbishop of Canterbury is not mentioned. 48 abbots. Rogs Brabazon. Witts Inge excusatur pTraib. Witts de Ormesby. Magr Will' Pykering Archidiac'. Gilfctus de Roubury. Notingh'. Witts de Bereford. Magr Robertus de Pykering. Petrus Malorre. Magr Thomas de Luggore. Johes de Berewyk. Magr Johannes de Cadamo. Johes de Insula. Magr Petrus de Dene. Henricus Spigurnel Magr Rics de Plumstok. N.B. — Mandatum fuit singulis Vicecomitibus qd de quolibet comitatu duos milites, & de quahbet civitate duos ciues, & de quolibet Burgo duos Burgenses eligi, & ad dictum parliamentum venire facerent ad tractandum &c. Appendix Rot. Pari. Vol. I. p. 267. — Claus. 33 Edw. I., m. 13, Dorso. Ordinatio facta per Dominum Regem pro stabilitate terre scocie. Names of Peers nominated, viz : — Le Counte de Nicole (Line.) Mons' Roger Brabazun. „ de Hereford. Sir Rauf de Hengham. Mons' Hugh le Despens' Mons' William de Bereford. „ Henry de Percy. „ Roger de Hegham. „ Johan de Hastinggs mes il ny poeit „ Johan del Isle. venir p la Maladie. Sir Johan de Benstede. „ Johan Boteturt. „ Johan de Sandall. Mons' William Martyn. (EDWARD II.) Rot. Pari. 8 Edw. IL, A.D. 1314-15, Ibid p. 325, fNo. 173.; Mem. — Quod rex vult quod Dnus Edmundus Deyncurt Johes de Crumbwell & Johes de Hotham & Lambertus de Thrykingham " assignentur ad audiend' & terminand' omnes querelas omnium conquer! volentium de &c. transgressionibus eis factis per Johem de Segrave &c. &c. Ibid. No. 178. Mem. — Quod per magnum consilium assignantur Johes de Moubray Henr' le Scrop Johes de Insula & Richardus Bernyngham ad omnes querelas omnium conqueri volumus de Gerardo de Salveyn &c. &c. *He was summoned as a baron 8 Edw. II, VOL. I. I 58 BARONIA ANQLICA CONCENTRATA. Ibid. 9 Edw. II., A.D. 1315, Ibid. p. 350. (No. l.J Verumptamen quia Thomas comes Lancastr' et quidam alii Magnates de regno de quorum concilio Dns rex voluit procedere in dcis arduis negotiis nondum venerant Dnus rex voluit diflferre exprimere negotia ilia usq adventum Procerum predcor'— &c. injungtii fuit Johi de Sandall canceUar' quod ipse reciperet procuratoria & excusationes prelatorum & aliorum summonitorum ad dictum parliamentum & non venentiimi &c. et Drius rex associavit ad hoc prefato cancellar' Walterum de Norwico Thes' Anglie et WilVm Inge. Die Jovis sequent! concordatum fuit quod super petitionibus procederetur usq ; ad- ventum prefati comitis Lane' & aliorum procerum sic absentium et nominati fuerunt pro petitionibus Anglie. Edwardus Deyncourt, Johannes de Insula, Philippus de Kyme, Henricus L'Escrop. Et pro petitionibus Wall' Hibn & Scot'. Radus fit WiSi. Ibid, 352, (No. 2.J Hugh le Despenser having been attached for insulting Sir John de Ros, in the pre- ence of the king, in parliament, at Lincoln, the following were bail for his appearance, viz.: — Rofetus de UmfraviU Comes de Anegous. Radus Basset. Rogerus Mortuo mari de Chirk* Wiftus de Ferrariis. Theobaldus de Verdon. Rofetus de Hastang. And the following were mainprisors or bail for Sir John de Ros, who with Hugh le Despenser, was committed to the custody of the Mareschal, viz. : — Adomarus de Valentia Comes Pembr'. Gilbertus Pecche. Johes de Warenna Comes Surr'. Thomas Latymer. Edms Comes de ArondelF. Rogerus de Felton. Rot. Pari. 14 Edtv. II., A. D. U20.— (Ibid. p. 365.; Triers of Petitions. Johes de Somry. Wiltus Martyn. Ricus de Grey. Galfridus le Scrop. (?) Wiftus de Herle. (?) Walfus de Freskeneye. (?) Hugo de Curteneye. ORIGIN OF NOBILITY. 59 Appendix Rot. Pari. — Ibid. p. 443, Clam. 3, Edw. II., m. 8, Dorso, (No. 3. The following names are recited in a letter Primate of all England, to certain Bishops, and Gilbt de Clare de Glouc & de Hertford. Thorn' de Lane' Henr" de Lacy de Nicole. Humfrei de Bohun de HereP & Essex. John de Bretaigne de Richeind. Aymaf de Valence de Pembrok. Guy de Beauchamp de Warr'. Esmon de Arundel (countes). Henr' de Lane'. Henr* de Percy. Hugh de Veer. from Robert, Archbishop of Canterbury, other magnates regni ; viz. : Robt de Cliflford. Robt le Fitz Payn. William le Mareschall. John Level. Rauf le Fitz Witt. Peyn de Tybotot. John Botetourte. Bartelemeii de Badlesmere John de Grey. John de Crumwell. Salutz en nre Seigfiur. Ibid. p. 447, Pat. 5, Edw. ILps. 2, m. 17- Intus. {No. U.) Peers named to enquire respecting certain ordinances : — Witti Deyn court. Henrici Spigurnel Guidonis Ferre. Johis de CrumbeweU. Hugonis de Aldeley. Henr le Scroop. Militum. Ibid. p. 453-4, Claus 12 Edw. II., m. 22, Dorso. (No. 29.J Memoranda de mora Prelator Com & Barouii juxta latus Regis. — This record con- tains the following names, viz : — Les Coimtes MareschaU. Sire Hugh le Despenser le fuiz. Edmud son Frere. „ Johan de Grey. Les Countes de Pembrok. Richemund. Hereford. Ulnester. Arundel. Anegos. Sire Johan de Hastyngs. „ Johan de Segrave. „ Henr de Beaumont. Richard de Grey. Bartholin de Badlesmere. Robert de Mohaut. Rauf Basset. Roger de Mortimer. Johaii de Somery. Wauter de Norwich. Hugh de Courteny. 60 BAROMA ANGLICA CONCENTRATA. Ibid. p. 455, Claus. 14 Edw. II., Dorso. m. 7- De essendo certo die apud Glouc ad tractandum Rex dilecto & fideli Johanni de Hastyngs &c. Eodem modo mandatum est subscriptis, mutatis competenter mutandis. Humfridode Bohun comiti Hereford & Essex. Hugoni le Despenser Juniori. Rogero de Mortuo mari de Wyggemore. Johanni Giifard de Grimmesfeld (Brim ?) Rogero de Mortu mari de Chirk Justic' Thome de Berkele. Wallie. Mauricio de Berkele. Rot. Pari. 5 Edw. III. A.D. 1331, Vol. II., p. 61. Peers appointed to treat about the affairs of France. Les Countes Mareschal. Mon§ Hugh de Courtenay. „ de Garenne. „ Geffrei le Scrop. MonSr Henr de Beaumont. „ „ de Montague. „ Henf de Percy. „ William de Herle. (?) N.B. — In the same parliament the following came, and were mainprisors or bail, for Hugh le Despenser le puisne. Mons' Eble Lestrange. Mons' Rauf de Nevill. „ Rauf Basset. „ Johatl de Verdon. „ Johaii de Roos. „ Thomas de Neumarche. „ Richard Talbot. „ Johan Darcy. „ Robt de Colevill. „ Johaii de Rithre. Triers of Petitions 6 Edw. III., A.D. 1332, Ibid. p. 68. Mon§r Hugh de Courtenay. MonSr Rauf Basset de Drayton „ William la Zousch de Ashby. (Barons.) „ Richard de Grey. (Barons.) N.B. — -Mons Henri le Scrop, who was summoned as a baron, the 8 Edw. II., is here named one of the triers or receivers of Petons: but is denominated as one of the justices ; and Mons Geffrei le Scrop, another of the triers of petitions, is not noticed as a baron, though he was so summoned the 3 Edw. III., but is styled chief-justice, and le Tresorer. In the same parliament the Countes de Garenne, (Warini) and de Warrewyk, and le Seigii de Percy, Mon's'r Henri de Beaumont, Hugh de Courteneye, and William de ORIGIN OF NOBILITY. 61 Clynton, barons, are appointed to treat upon other business. Their nominations appear to be similar to the Committees of the House, as appointed at the present day. Vacordprisq.Le Roisoit aidez Rot. Pari. 13 Edw. III., A.D. 1339. — Ibid. V. II. p. 103. MonSr le Due de Comwaill Gardeyn Les Seignur de Moubray. D'Engleterre „ „ de Segrave. Les Countes D' Arundel „ „ de Berkele. Warewyk. MonJr Hugh le Despenser Glouc. Le Seignur de Morle. Oxenford. „ „ de Bardolf. Huntyndon Monsr Gilbert Talbot. Boghan. „ Robert de Lisle. Les Seign ur de Wake. „ William de la Pole. Rot. Pari. 14 Edw. III., A. D. \340.—fIbid. p. 112, 13, U.J Peers present in the Great Hall at Westminster. Le Countes de Derby. Le Count de Anegos. Northt'. Seign de Wake. Warrenn'. Warrewyk. Arondell'. Huntyngdon. „ de Wylughby. Le Baron de Stafford. MonSr Rauf Basset. Among the triers or receivers of petitions, MonSr William de la Pole is named for those from Flanders ; but he appears to be the only baron among those appointed. In the same parliament Les Seignurs de Percy, Monsr Rauf de Nevill, and MonSr Geffrai le Scrop, are named for other matters. Also Le Counte de Northt" and MonSr Henry de Ferrers, on other affairs. Le Counte de Anegos, Le Seignur de Percy, Monsr Rauf de NeviU, MonSr Antoigne de Lucy, are appointed for the guard of the Marches of Scotland ; to whose names are added, MonSr William de Felton, and MonSr Johari de Stryvelyn ; but, according to Dugdale's Lists of Summons, neither of these had sum- mons to parliament before the 16 of Edw. IK ; though the name of Robert Felton is recited in the 6 & 7 of Edw. IL For the guard of the isles and sea coast, there are mentioned : — Les Countes de Garenne. Monsr Robert de Bousser „ „ de Arundel. Monsr Constantyn de Mortimer. Count de Huntingdon. 62 BARONIA ANGLICA CONCENTRATA. Likewise, there are appointed to try the petitions for England, viz. : Les Countes d' Arundel. Le Seignur de Berkele. „ „ de Huntyngdon, MonSr Nicol de Cantelu. Le Seignur de Wake. „ Richard de Wylughby. (?) And for the petitions of Gascoigne, Gales, Irland, and Escoce. Le Counte de Northt'. Monsr Antoigne de Lucy. Monsr Rauf Basset de Drayton. Le Seignur de Wylughby. (?) „ Roger de Grey. For the investigation of the accounts of de Seignur William de la Pole and others, there are assigned — Les Countes de Derby. Le Seignur de Wake. „ „ de Arundel. Mon§r Rauf Basset de Drayton. „ „ de Huntyngdon. And for petitions before the king — Le Counte de Huntyngdon. MonSr Thomas Wake de Lidel. Ibid. 14 Edw. III. A. D. 1340.— Ibid. p. 118-19., m. 2. Le Count d' Arundell. MonSr William de la Pole. MonSr le Wak. „ William Trussel. „ Rauf Basset de Drayton. „ Johan de Hardershull. „ Bertlemeii de Burghash'. „ Nicholas de la Beche. „ GefFrai le Scrop'. „ Johan Molyns. These are named as being present in parliament ; but the lists of Dugdale do not notice Trussel, Hardershull, De la Beche, and Molyns, to have had summons before the 16 Edw, III. Rot. Pari. 15 Edw. II. A.D., I3il.— Ibid. p. 126 The purposes of the assembling of the parliament, were declared in the presence of divers prelates, and the follo\N'ing temporal nobility : — Mon5r Robert d'Artoys. Des Countes de Pembrogge. Des Countes de Northt'. „ d' Anegos. „ d' Arundell. „ d' Oxenford. „ de Huntyngdon. „ de Devenshire. ORIGIN OF NOBILITY. 63 Des Couutes de Sarum. Mon§rHugh LeDespenser. „ de SufF'. „ Nicol de Cantelon. Des Seignurs de Percy. Le Seign' de Segrave. „ de Wake. Triers of Petitions, viz : Le Counte de Northt'. Le Seignr de Wake. „ d'Arundell. MonsrThomasdeBerkele. „ de Huntyngdon. „ Johan de Cherleton. „ de Devenshire. The following were appointed as a Committee to report on certain matters submit- ted to them. — (p. 127). Les Countes D'Arundell. Les Seignurs de Wake. „ „ de Sarum. „ „ de Percy. „ „ de Huntyngdon Mon§r Rauf de Nevill. „ „ de SufF. „ Rauf Basset de Drayton. Under the same names, with that of Northampton instead of Suffolk, were appointed together with four bishops, to take into consideration some other business. — (p. 129.) Ibid. 17 Edw. in. A.D. 1343.— Ibid. 135. Les Countes de Warr. Le S. de Percy. „ „ Sufi. MonSr Thomas de Berkele. „ „ Huntyngdon. „ Rauf de Neville. „ „ Devonshire. „ Antoigne de Lucy. Item — assembled in the painted chamber with the king : — Les Countes de Northt*. Les Seign de Percy. „ „ D'Arundell. „ de Wake. „ „ de W^arf MonSr Rauf de Nevill. „ „ de Hunt. „ Hugh Le Despenser „ „ de Devenshire „ Thomas de Berkele, „ „ de Sufi. Et ad autres Grantz, &c. Ibid. 18 Edw. III. A. D. 1344.— Ibid. pp. 146-7-8. Les Countes de Huntyngdon „ „ de Sufi. „ „ de Devenshire „ „ d' Oxenford. 64 BARONIA ANGUCA CONCENTBATA, Le Seign' de Wake. Le Seign' de Berkele. „ de Percy. Monsr Nicol de Cantelowe. The parliament adjourned to another day, when there were assembled in the pres- ence of the king. Le Prince de Gales. Des Counts de Devenshire. Des Counts de Northt' „ „ de Anegose. „ „ de Warr'. Des Seign de Wake. „ „ de Oxon. „ „ de Percy. „ „ de Pembr. „ „ de Berkele. „ de Suff'. MonSr Hugh Le Despenser ,. „ de Hunf „ Rauf de NeviU. Et autres Barons & Baneretts. N. B. The above nobles, with the exception of the prince of Wales, and the addi- tion of Monsr Nicol de Cantelowe, were present on another day in La Chaumbre Blaun- che, in the presence of the king. Also in the said parliament, at the prayer of the commons, a certain patent under the great seal was assented to by the prelates and peers, to which the earls of Northamp- ton and Suffolk, Le Seignur de Wake, Monsr Johan' Darcy, Chaumberleyn, and Mestre, Johan' de Ufford Gardeyn du Prive Seal, were witnesses. Ibid. 20 Edw. III., A. D. 1346.— Ibid., p. 157-8-163. Triers of Petitions, viz : Le Seign de Wake. MonSr Thomas de Berkele. Monsr William de Thorpe(?) „ Richard de Wylughby(?) Other peers in parliament : — Monsr Barthelmeu de Burghersh. Les Seignurs de Segrave. „ Johan Darcy Le Chaumberleyn. „ „ de Berkele. Les Seignurs de Wake. Persons to whom, as Seignurs du Parliment, a letter was addressed by the king from before Caleys. Les Countes de Northampton. Les Count de Suff. „ „ de Arundell. Hugh Le Despenser. ., „ de Warrewyk. Seignur de Glamorgan and Les Count d' Oxenford. Morgannok. ORIGIN OF NOBILITY. 65 Ibid. 21 Edw. III., A.D. 1347, Ibid. p. 165. Les Countes deLancastr'. 55 Anindell. 55 Huntj'ngton- 55 Oxenford. 55 Suff'. 55 Northt'. Le Seign de Wake. Le Seign de Percy. „ „ Berkele. Monsr Rauf de Nevill. „ Richard Talbot. „ Wauter de Manny. „ WiUiamdeThorpe(?) Le Baroun de Stafford. Ibid. 25 Edtv. III., A.D. 1350.— Ibid. p. 226. Le Conte de Northampton. Le Baron de Stafford. 55 55 Arundell. Monsr Rauf Nevill. 55 55 Huntingdon. „ Richard Talbot. 55 55 Lancastre. „ Thomas Bradeston. 55 55 Warewyk. „ Richard de Wylughby. (?) 55 55 Suff'. Ibid. 25 Edw. III., A. D. 1351-2.— Ibid. p. 236. Le Count de Northampton. „ „ Arundell. „ „ Hvintyngdon. „ „ Wanvyk. „ „ Stafford. Le Seignr de Percy. Monsr Rauf Nevill. Le Sire de Bret. ( who ? ) Monsr Richard Talbot. 5, Thomas Bradeston. „ Richard de Wylughby. (?) It is queried whether this ought not to be the 27th Edw. IIL — (Vide Cotton's Abridgement, p. 78). Ibid. 28 Edw. III., A.D. 1354. Ibid. p. 254. Le Due de Lancastr' Le Counte de Northampton. „ „ Arundel. „ „ Huntyngdon. „ „ Warrewyk. MonSr Richard de Wylughby. ( ? ) VOL. I. Le Counte de Stafford. Le Seign de Percy. Mon§r Rauf de Nevill. „ Guy de Bryan. „ WiUiam de Thorp. ( ? ) 66 BARONIA ANGLICA CONCENTRATA. Ibid. 36 Ediv. III., A. D. 1362. Ibid. p. 268, Le Counte de Lancastre. „ „ Arundel. „ „ Anegos. „ „ Suff' „ „ Salisbirs' Le Sire de Nevill. „ „ Manny. Monsr Henry le Scrop. „ John Moubray. Johan Knyvet. ( ? ) Ibid. 37 Ediv. III., A. D. 1363. Ibid. p. 275. Le Due de Lancastre. Le Conte de Herford. „ „ Arundel. „ „ Suflf' „ „ Stafford. „ „ Salisbirs' >, Angous. „ „ Cantebrigg. Le Sire de Moubray. „ „ Percy. Le Sire de Beaumont. „ „ Clifford. MonSr Rauf de Nevill. „ Guy de Bryan, Le Sire le Despenser. „ de Roos. MonSr Wau?r de Manny. „ Henry le Scrop. „ Rogr de Beauchamp. Johan Knyvet. ( ? ) Ibid. 38 Edw. III., A. D. 1364.— /dirf. 283. due de Lancastr'. Counte de Cantebrigg. }} jj Hereford. 35 « Arundel. 5> 33 Suff'. 3- 33 Stafford. 33 53 Salesbirs'. 3J 35 Devenshire. 33 53 Angos. Le Sire de Percy. MonSr Rauf de Nevill. „ Guy de Bryan. Le Sire le Despenser. Mongr Wauter et Manny. „ Roger de Beauchamp „ Johan Moubray. „ Henry le Scrope. „ Johan Knyvet. (?) Ibid. 40 Edw. III., A. D. 1366.— Ibid. p. 289. The same names, except Henri le Scrop. ORIGIN OF NOBILITY. 67 Ibid. 42 Edw. III., A.D., 136S.— Ibid, p, 294. The same names excepting Le Despenser, and as before noticed Henri le Scrop. Ibid. 44 Edw. III., A. D. U69.—Ibid. p. 229. Le Counte D'Angos. Le Sire de Percy. Monsr Johan de Nevill. „ Guy Brian. ,. Roger de Beauchamp. „ Johan de Moubray. „ Knyvet. (?) Le Due de Lancastre. Le Counte de Hereford. 5> >J Arundell. 5J » Warrewik. » » SuflF'. » >» Salesbury. 5» 33 Stafford. 3> 33 Devenshire Ibid. 45 Edw. III., A. D. 1371.— Ibid. p. 303. Le Counte de Hereford. » 33 Arundel. 3 33 Pembrok. 3 33 la Marche. J •> Salesbirs'. 3 3' Stafford. 3 33 Warrewyk. 3 33 Devenshire >3 55 Angos. Le Counte de SufF. Le Sire de Latymer. MonSr John de Nevill. „ Guy Brian. „ Roger de Beauchamp. „ Wauter de Manny. „ Rauf Basset de Drayton. „ John Moubray. „ John Knyvet. (?) Ibid. 46 Edw. III., A.D. 1372.— Ibid, p. 309. The duke of Lancaster king of Castile & Leon. Le Conte de Cantebrig. Le Conte de Suffolk. „ „ Hereford. Le Sr Despenser. „ „ d'ArundeU. „ de Roos. „ „ la Marche. MonSr Guy de Briane. „ „ Saresbirs'. „ John de Charleton de Powys „ „ Warrewyk. „ Rauf Basset de Drayton. „ „ Stafford. „ John Moubray. 68' BARONIA ANGLICA CONCENTBATA. md. 47 Edio. III., A.D. 1373. Le Covinte de Cantebrigg. „ „ d'Arundell. „ „ Salesbirs'. „ „ la Marche. MonSr Willam la Zouche de -Ibid. p. 317. MonSr Guy de Brian. „ Henry le Serop. Le Sr de Clyfford, MonSr Amary Seint Amand. „ Richard de Staiford. Haryngworth. Ibid. 50 Edw. III., A.D., Wje.—Ibid. p. 321. Le Roy de Castelle & de Leon Due de Lancastre. Le Cont de Cantebrugg. Le Sr de la Zouche de Haryngworth „ „ Marche. Monsr Guy de Bryan. d'Arundell. Le Sr de Basset de Drayton. „ „ Warr'. „ Bardolf. „ „ Suff'. ,, Clifford. „ „ Stafford. Monsr Guy de Bryene (? Junr.) d'Angos. }> Amory de Seint Amand. Le Sr de Percy. „ Roos. Meni. Xhe earls of March, Warwick, Stafford, and Suffolk, and the lords Percy, Guy de Brian, Henry le Scrop, and Richard de Stafford were appointed to have a conference with the Commons respecting an aid and other matters. — Ibid. Henry le Scrop. Richard de Stafford. N.B. — ^The lord Latymer having had Uament : the following peers were sureties Le Count d'Arundell. -| „ „ Saresbirs'. I S'il plest „ „ Stafford. j au roi. Le Sire de Percy. J „ „ NeviU. „ „ Roos. „ „ Basset. „ „ Clifford s'il plest au Roi „ la Zousche puratant come sa terre vaut pur un an. Le Sire Fitzwalter. „ L'Estrange. „ de Darcy. certain charges preferred against him in par- for his appearance. Le Sire Bardolf s'il plest au Roi. „ „ Butetourte. Monsr Johan d' Arundel. ' „ William Beauchamp. „ Johan de Montagu. Monsr Robert de Ferrers. „ John Lovell. „ William de Nevill. „ Rauf Crumwell. Le Sire de Berkele. Monsr Michell de la Pole. Rauf de Ferrers. ORIGIN OF NOBILITY. 69 Tners of Petitions 51 Edw. III., A.D., 137 G-7.— Ibid. p. 363. Le Roy de Castille & Leon Due de Lancastre. Le Conte d'Arondell. „ de Warr*. „ „ Saresbirs. „ „ Stafford. „ „ la Marche. „ „ SufF'. Le Seignr de Percy. „ „ Latymer. „ „ Nevill. Le Sr de Fitzwauter. MonSr Guy de Bryane. Le Sr de Basset de Drayton. Clifford. Mon§r Johan de Montagu. Le Seignr de Roos. MonSr Henr le Scrop. „ Richard de Stafford. „ John Knyvet (?) md. 1 Ric. IL, A.D., 1377.— Ibid. Vol. III., p. 4-5. Le Roi de Castille & de Leon Due de Lancastre. Le Counte de la Marche. Le Sr de Cobhara. 5> „ d'Arondell. „ Fitzwauter. » „ Warr*. Monsr Roger Beauchamp, >■> „ Staff'. „ Johan Kynvet. (?) 5> „ d'Angos. Le Sire de Roos. 3> „ Northumbr'. „ „ Clifford. 5> „ Cantebrugge. „ „ Bardolf. 35 „ Buckyngham. Monsr Richard de Stafford. (?) 55 „ Salesbirs. „ Johan Deverose. (?) 55 „ Suff' „ Rauf de Ferrers. (?) LeSr Latymer. ,. Hugh de Segrave. (?) 5} Neville. Le Sire de Basset. larged with other affairs : — Le Conte de la Marche. Le Sf de NeviU. 55 „ d'Arundell. MonSr Henr le Scrop. 55 „ Warrewyk. „ Richard de Scrop. 99 „ d'Ansos. „ Richard de Stafford. Peers in parliament 28 Nov., 1 Ric. IL, A.D. 13775 (p- H)- Le Due de Lancastr*. Esmond Counte de Canteb'. Esmond Counte de la Marche. Richard Counte d'Arundell. Thomas Counte de Warr'. Hugh Counte de Staff'. 70 BARONIA ANGLICA CONCENTRATA. Roger Sire de Clifford, & ^^lusiours autres Seignfs, Barons, & Ban- erettes esteantz au dit parlement- William Counte de Suff'. William Count de Sarlesbris. Henry Counte de Northumbr'. Johan Sire de Neville. Ibid 2 Ric. II., A.D., 137S.— Ibid. p. 34. Le Roi de Castille & de Leon Due de Lancastre Le Conte de la Marche. „ „ d'Arondell. „ „ Warr'. „ „ Stafford. „ „ Northumbr'. „ „ Canteb'. „ „ Buckyngham cones- table of England. „ „ Salesbirs'. „ „ Suff'. Mongr Johan Devrose. (?) Le Sr de Latymer. „ Cobham. MonSr Henry le Scrop. „ Roger de Beauchamp. „ Richard de Stafford. (?) Le Sr Lestraunge de Knokin. „ Fitz-Wauter. MonSr John Montagu. (?) „ Johan d'Arondell. Mares- chal d'Engl'. Mongr Johan Kynvet. (?) Idem. 2 Ric. II., A.D. 1379.— Idem. p. 56-7. Le Roi de Castille & de Leon Due de Lancastre.' MonSr Roger de Beauchamp. „ Richard de Staff'. (?) Le Due de Bretaigne Conte de Richemond. Le Conte de Staff'. Le Conte de Cantebrigg la Marche. d'Arondell. Warr'. Northumbr'. Buk' Conestable d'Engleterre. Le Sf de Latymer. „ Johan d'Arundell mares- chal d'Engl'. „ Cobham. „ „ Suff. Le Sr Lestrange de Knokin. „ „ Bardolf. Mongr Johan Montagu. (?) „ Johan Kn^'^'et. N.B. — Names of peers appointed in this parhament to examine the revenue of the crown at the desire of the commons, viz : — Le Conte de la Marche. Mon?r Guy de Brien. „ „ Warr'. „ Johan de Cobham. „ „ StafT. „ Roger de Beauchamp. Le Sr de Latymer. ORIGIN OF NOBILITY. 71 Ibid. 3 Ric. 11. A.D. 1379-80.— Ibid. p. 72-3. Le Roi de Castille & tie Leon Due de Lancastre. Le Conte de Cantebrugge. Le Sr de Latymer. „ „ d'Arundell. „ Cobham. „ „ Warr', MonSr Richard Stafford. (?) „ „ Northumbr'. Le Sr Lestrange de Knokin. „ „ Buk' Conestable „ de Bardolf. d'Engleterre. Monsr Johan Montagu. „ „ Staff' „ Johan Knyvet. „ „ Suff' N.B. — Peers named in a Commn to examine into the state of the king's household, &c.—fNo. 15.; viz:— Richard Arundell. -| William de Latymer. Thome de Bello-campo. I . Guydoni de Briene, „ Warr*. i * Johi de Monte-Acuto. Hugoni Staff'. J Banerettis. Ibid. 4 Ric. II. A.D. 1380.— Ibid. p. 88. Le Roi de Castille & de Leon Due de Lancastre. Le Cont de Cantebrugg. Le Sr De la Zouche. „ d'Arundell. „ de Bardolf. „ de Warr. „ Lestrange de Knokin. „ de Northumbr' „ de Scales. „ de Staff. Mongr Guy de Bryen. „ de Salesbirs'. „ Johan Montagu. Monsr Johan Knyvet. — ( ? ) Ibid. 5 Ric. II., A.D. 1381.— Ibid. p. 99. Le Roi de Castelle & de Leon Due de Lancastre. Le Cont de Kent mareschall Le Cont Suff'. d'Engl'. Mongr Johan Cobham. Le Conte d'Arondell. „ Richard le Scrop. „ „ Warr'. „ Guy de Bryen. „ „ Salesbirs'. Le Sr la Souche. „ „ Bukyngham conestable „ Fitz-wauter. d'Engleterre. MonSr Henry le Scrop Le Cont de Staff'. Le Sr de Wilughby. 72 BARONIA ANGLICA CONCENTRATA. Peers named (p. 100) to consult together on certain matters : Due de Lancastre. Le Sf Fitzwauter. Le Cont de Buk'. „ La Zouch de Haryng- „ de Warr'. worth. „ d'Arondell. „ de Wilughby. „ de Suff. „ Johan de Cobham. „ de Northumbr'. „ Richard le Scrop. Le Sr de Nevill. „ Guy de Bryan. „ de CliflFord. (Baneretts.) Ibid, to confer with the Commons. — fp. lOOJ viz : — Due de Lancastre. Le Sr de Nevill. Le Cont D'Arondell. „ de Grey de Ruthyn. „ Warr. „ Fitz-Wauter. „ Staff. Monsr Richard Le Scrope. „ Suff. „ Guy de Brian. „ Salesbirs'. Et autres, &c. Le Sr de la Zouche. Ibid. 5 Ric II., A.D. 1382.— Idem. p. 123. Le Roi de Castill' & de Leon Due de Lancastre. Le Cont de Kent mareschall Le Cont de Staff' d'Engleterre. Le Sr de Nevill. „ „ Arondell. MonSr Johan Cobham. „ „ Salesbirs'. „ Guy de Brj'en. „ „ Buckyngham Conesta- Le Sr Fitz-Wauter. ble d'Angleterre. „ de Wilughby. Ibid. 6 Ric. II., A.D. 1382.— Idan. p. 133. Le Roi de Castill & de Leon Due de Lancastre. Le Cont de Kent marschal Le Cont de Staff*. d'Engleterre. Le Sf de Nevill. „ „ d'Arundell. Monsr Johan Cobham. „ ., Salesbirs, „ Guy de Bryene. „ „ Buk' Conestable Le Sr Fitzwauter. d'Angleterre. „ de Wylughby. N.B. — In a second parliament this year, (6 Ric. IL) the same names are contained, with the addition of the Earl of Cambridge, and Monsr Richard le Scrop ; but that of Le Sf de Willughby is omitted. — fp. 145). ORIGIN OF NOBILITY. 73 Ibid. 7 Ric. 11. , A. D. 1383.— Ibid. p. 151. Le Roi de Castille & de Leon Due de Lancastre. Le Coiit de Kent, Mareschal Le Contde Staff d'Engleterre „ „ Salesbirs Le Cont d'Arrundell Le Sf de NeviU „ „ Northumbr' Monsr Ric' le Scrop „ „ Cantebrugg „ Guy de Bryen „ „ Buk', conestable Le Sr Fitzwauter d'Engleterre Monsr Johan de Cobham de Kent Ibid. 7 Ric. II., A. D. 1384.— Ibid. p. 167. Le Cont d'Arondell Le Sf le Zouche „ „ StafP „ de NeviU „ „ Oxenford „ „ Cobham „ „ Saresbirs' Monsr Guy Brien Ibid. 8 Ric. II. A.D. 1384.— Ibid. p. 185. Le Roi de Castill & de Leon, Due de Lancastre. Le Count de Kent, Mareschal Le Count de Staff. D'Engleterre. „ de Salesbirs'. Le Count d'Arundell. Le Sr de NevUl. Warr. „ Fitz-Wauter. „ Northumbr'. Monsr Richard le Scrop. „ Cantebrugg. „ Guy de Brien. „ Bukyngham cone- „ Johan de Cobham de stable D'Angleterre. Kent. Ibid. 9 Ric. IL, A.D. 1385.— Ibid. p. 203-4. Le Roi de Castill & de Leon, Due de Lancaster. Le Count de Kent. Le Duk de Gloucestre. Arundell. Le Sr de Nevill. Warr'. „ Fitz-Wauter. Northumbr'. Monsr Richard le Scrop. Staff'. „ Guy de Brien. Saresbirs'. „ Johan de Cobham de Le Duk D'Everwyk. Kent. VOL. I. L 74 BAROMA ANGLICA CONCENTRATA. Ibid. 10 Ric. II., A.D. 1386.— Ibid. p. 215, 16. Le Duk D'Everwyk. Le Count de Salesbirs'. „ de Gloucest'. Le Sr de Nevill. Le Count de Kent. Monsr Richard le Scrop. „ d'Arundell. „ Guy de Brien. „ de Warr'. „ Johan de Cobham de „ de Northumbr'. Kent. Ibid. 11 Ric. II., 1337.— Ibid. p. 228. Le Duk D'Everwyk. Le Count de Salesbirs'. „ de Gloucestre. „ de Devenshire. Le Count de Derby. Le Sf de Nevill. „ de Kent. Monsr Richard le Scrop. „ d'Arundell. „ Johan de Cobeham de „ de Warr'. Kent. „ de Northumbr'. N.B. — John Sr de Cobham, Messrs. Richard le Scrop, and John Deverose, with cer- tain earls, appointed commissioners upon the impeachment of Robert de Veer, duke of Ireland, and others. — {p. 229). Ibid. 13 Ric. II., A. D. 1389.— Ibid. p. 257- Le Due de Lancastre Le Count Mareschal „ Gloucestre „ de Devenshire „ Everwyk Le Sr de Wilughby Le Count de Kent „ Lovel „ „ Arundell MonSr Johan de Cobeham „ „ Warrewyk de Kent. „ „ Salesbirs' MonSr Richard le Scrop Le Count de Northumbr' Ibid. 14 Ric. II., A. D. 1390. -^Ibid. p. 277-8. Le Due de Guyen & de Lancastre Le Count d'Evewyk „ Gloucestre „ „ Kent ORIGIN OF NOBILITY. 75 Le Count d'Arundell Le Sr de Wylughby „ „ Warrewyk Monsr Richard le Scrop „ „ Saresbirs' Le Sr de Lovell „ „ Northumbr' Monsr Johan de Cobeham „ „ Mareschall de Kent Ibid. 15 Ric. II., A. D. Udl.—Ibid. p. 284-5, Lc Due de Guyen & de Lan- Le Count de Northumbr' castre „ „ Kent Le Due D'Everwyk „ „ Salesbirs' Le Count de Derby Le Sf de Wylughby „ „ D'Arundell Monsr Richard le Scrop „ „ Warrewyk „ Johan Lovell Ibid. 16 Ric. II., A. D. lB92-3.—Ibid. p. 300. Le Due de Guyen & de Lan- castre Le Due de Gloucestre „ d'Everwyk Le Count D'Arundell „ Warrewyk „ Kent Le Count de Saresbirs' Le Sf Grey de Ruthyn „ „ Willughby Monsr Richard le Scrop „ Philipp Spenser „ Johan Lovell Ibid. 17 Ric. IL, A. D., 1393-4.— Ibid. p. 309. Le Due de Guyen & de Lancastre. „ „ Gloucestre. „ „ Everwyk. Le Count d'Arrundell. „ „ Warr'. „ „ Kent. Le Count de Northumbr'. Le Sr de Wilughby. „ Grey de Ruthyn. Monsr Richard le Scrop. „ Phillipp Spenser. Le Sr de Cobbeham Ibid. 18 Ric. II., A. D. U94.-5.—Ibid. p. 329. Due de Gloucestre. Le Sf de Wilughby. Cont de Derby. „ Zouche. „ „ Arundel. „ Cobbeham. „ „ Warrewyk. Monsr Richard le Scrop „ , Saresbirs' „ Philipp Spenser 76 BARONIA ANGLICA CONCENTRATA. Ibid. 20 Ric. II., A. D. 1397.— Ibid. P- 337- Le Due de Guyen & de Lancastre „ „ Gloucestre „ „ Evervvyk Le Counte de Derby „ „ Arundell „ „ Warr' „ „ Rotel' Le Counte Mareschal „ „ de Northumbr' Le Sire de Nevill Le Sire Despenser Le Sire de Grey de Ruthyn MonSr Richard le Scrop „ Phillipp Spenser Ibid. 21 Ric. II., A. D. 1397.— Ibid. P- 348. Le Due de Guyen & de Lancaster „ d'Everwyk Le Counte de Derby „ „ Kent „ „ Huntyngdon „ „ Somersete ., „ Salesbirs' „ „ Rotel' Le Counte Mareschal „ „ de Northumbr' Le Sire de Nevill „ „ Grey de Codenore „ „ Lovel „ „ Le Despenser „ „ Grey de Ruthyn Lords Temporal in the presence of the King, 21 Ric. IL — Ibid. p. 336. Le Due de Guyen & de Lancastre „ Everwyk „ Hereford „ Aumarle „ Surr* „ Excestre' „ Norf*" Le Marquys de Dors' Le Cont d'Oxenford „ Staff „ Northumbr' „ Saresbirs' J, Gloucestre' 5, Westmerl' „ Wircestre' ,, Wiltes' Le Sire de Camoys „ Bourghchier „ Powys „ Fitzwauter „ Roos „ Haryngton „ Burnell „ Berklee „ Darcy „ Wilughby „ Grey de Codnore „ Grey de Ruthyn „ Scales „ Seint Amand „ Fumival „ Ferrers ORIGIN OF NOBILITY. 77 Le Sire de Seymour William Beauchamp Sr de Bergeveny „ Lovcl Rau# de Cromwell „ Bardolf Rau€ de Lomley „ Morley Phelipp le Despenser Lords Temporal who were for the repeal of the Patent of the Duke of Hereford, in th parliament, 21 Ric. IL— Ibid. p. 372. Edward Duke of York Henry Earl of Northumberland Edward Duke of Aumarle Thomas Earl of Gloucester John Duke of Exeter Thomas Earl of Worcester John Marques of Dorset William Earl of Wiltshire John Earl of Salisbury Lords temporal who were for the repeal of the patent of the duke of Norfolk, in the the parliament 21 Ric. IL — Ibid. p. 373. Le Due de Everwyk Le Cont de Westmerland „ d'Aumarle „ Wircestre „ d'Excestre „ Wiltes — Tresorer Le Markys de Dors' „ Suff Le Cont de Staf*' Le Sire de Grey de Ruthyn „ Sarum „ Ferrers de Groby „ Northumbr' „ Lovel „ Gloucestre „ Camoys Peers, accusers of treason against Thomas duke of Gloucestre, Richard earl of Ar- undel, Thomas earl of Warwyk, and Thomas Mortimer, in parliament 21 Ric. IL — fibid. p. 374,y viz. : Edward earl of Rutland, Thomas earl of Kent, John earl of Huntyngdon, Thomas earl of Nottingham, John earl of Somerset, John earl of Salisbury, Thomas Sire Des- penser, and William le Scrop, chamberlain. — fVide Ibid. p. S'J'JJ Members of the king's council. — Pat. 1 Ric. 11., pars. 1 m. 16. — Ibid. Appendix p. 386, No. 1. Esmon' Count de la Marche, & Richard Conte D' Arundel, William Sire Latymer, & Sire John de Cobeham, (barons). — Roger de Beauchamp and Richard de Stafford, (banerets). — John Knyvet, Rauf de Ferreres, John Devereux, & 'Hugh de Segrave, — (bachilers.) 78 BARONIA ANGLICA CONCENTRATA. Witnesses to a Deed produced in the parliament 8 Ric. II. A.D. 1384, executed by Richard, Lord Level, of Carycastell, respecting a quit claim of certain lands to the Priory and Convent of Monte acuto. — (Rot. Pari. v. Z. p. \92.) Noliili viro Diio Thomas Dno Fulco filio Warini Comite Lancastrie „ Gerardo Salveyn Diio JoheComite Richemond „ Roberto de Holand „ Wiilo de Latymer „ Fulcone Lestraunge „ Nicho de Segrave „ Johe de Claver}mg Witto Tuchet Johe Beek Witto Trussell Johi de Kynerdesey Miche de Melden Names of the Peers in parliament, approving the acceptation of the crown by Hen. duke of Lancaster, &c. Rot. Pari. Vol. Z.,p. 427, A.B. 1399.— (1 Hen. IV.) Le Prince Duke. — York. Earls of Arundel, Warwick, Stafford, Northumberland, Suffolk, Worcester. Le Srs de Roos, Grey de Ruthyn, de Cherlton, Bardolf, Wilughby, Furnyvall, Ferrers, Beaumont, Berkeley, Fitz-Wautier, de Mauley, Scales, Morley, Burnell, Lovel, Camoys, Seymour, Crombwell, Cobham. Monsr Henry Percy Le Sr de Lomley Monsr Richard Scrop Le Baron de Greystok. Le Si^ Fitz-Hugh Le Baron de Hilton. Le Sr de Bergeveny N.B. — ^The above named Nobles, with the archbishop of Canterbury and York, 13 bishops, and 7 abbots, approved the commital of the person of king Richard II. to safe custody, upon the question put by the earl of Northumberland for approbation. Names of Peers present in parliament on the question of the attainders of Thomas Holland, earl of Kent ; John Holland, earl of Huntingdon, &c., &c. Rot. Pari. Vol. 3., p, 439, A.D. 1400-1.— (2 Hen. IV.) Henry Prince of Wales John Earl of Somerset Edmond Duke of York Edmond Earl of Stafford Edward Earl of Rutland Henry Earl of Northumberland Thomas Earl of Arundel Ralph Earl of Westmorland ORIGIN OF NOBILITY. 79 Michael E.-irl of Suffolk. Richard Sire de Grey. Thomas Sire de Berkeley John Sire de Charleton ReynaldSire deGreyde Ruthyn Thomas Sire de Camoys Thomas Sire de Furnyvall Robert Sire de Scales John Sire de Bcaumond William Sire de Wilugliljy Hugh Sire de Burnell William SiredeFerrersdeGroby William Sire de Bergeveny John Sire de Lovell Robert Sire de Haryngton. Richard le Scrop Triers of Petitions, 1 Hen. IV., A. D. 1399. — Rot. Part. Vol. 3. p. 416. Le Due d'Everwyk Le Cont de Warr' „ Northumbr' „ Westmerland Le Sire de Roos „ Cobham „ Berkeleye „ Wilughby Mem. — Le record & prouces del renunciation du Roy Ric. II. & de L'acceptation de menne la renuntiation, inter caeteros Ric' le Scrop Archiepus Eboracen', Johes Epus Hereforden' Henricus Comes Northumb' & Radulphus Comes Westmlandie Hugo Dnus de Burnell, Thomas Diius de Berkeley, Prior Cantuarien', & Abbas Westmonasterii &c. venerunt ad presentiam Dei Regis in Turri pdca Diiis de Roos, de Wiloghby, de Ber- geveney & pluribus aliis tunc ibidem psentibus &c. &c. Triers of Petitions, 2 Hen. TV. A. D. 1400-1.— Ibid. p. 455. Le Due d'Everwyk Le Sire de Roos Le Cont de Northumbr' „ Cobham Warr' „ Berkeley „ Westmerland „ Wilughby Ibid. 4 Hen. IV. A.D. 1402.— Ibid. p. 486. Le Cont de Northumbr' „ Wircestre „ Somerset „ Westmerland Le Sr de Bergeveny Sire de Roos 35 Lovell w Berkeley » Wilughby 80 BARONIA ANGLICA CONCENTRATA. Ibid. 5 Hen. IV. A.D. U03-4.—Ibid. p. 523. Le Cont. de Somerset Le Sire de Burnell „ Westmerl' „ Lovell „ Arondell „ Berkeley SufF' „ Wilughby Members of the King's Council, 5 Hen. IV. — Ibid. p. 530. Le Due d'EverWyk Le Gardien du Prive Seal Le Cont de Somers' Le Sr de Berkeleye „ Westmerl' „ Wilughby Le Sire de Roos Tresorer „ Furnyvall d'Engleterre „ Lovell '&' Triers of Petitions, 6 Hen. IV., A. D. 1404. — Ibid. p. 545. Le Cont de Westmerl' Le Sire de Lovell „ Arondell „ Berkeleye „ Warrewyk „ Wylughby Le Sire de Burnell Ibid. 7 «f 8 Hen. IV., A. D. 1405-6.— /Ai«?. p. 567-8. Le Cent de Warr* „ Westmerl' „ Somersete „ Arundell Peers present in the parliament 7 and 8 Hen. IV. (1406.) Rot. Pari. Vol. 3., p. 376. Besides certain bishops, abbots, viz : — Edw. Duke of York Thos. Earl of Arundel John Earl of Somerset Rich. Earl of Warwick Edm. Earl of Kent Michael Earl of Suffolk Sire de Burnell 53 Lovell n Roos }} Berkeley ORIGIN OK NOBILITY. 81 Wm. Lord de Roos Rich. Lord deGiey de Codeuore Henry Lord Beaumont. Regin. Lord Grey de Ruthyn Willm. Lord de Ferrers Thos. Lord Furnivall Willm. Lord Wylughby. Hugh Lord Burnell Willm. Lord Clynton Thomas Lord Morley John Lord Darcy John Lord Lovell Bartholomew Lord Bourchier Gilbert Lord Talbot Willm. Lord la Zouche Thomas Lord de Camoys Richd. Lord Seymour. Henry Fitz-Hugh. Henry le Scrop de Masham N.B. — The above witnesses to the crown on the event of the death of Hen. Prince of Wales, s.p.m., then to the second or third sons of king Henry in tail male, &c. ; but not if Prince Henry should have any male issue. The above witnesses to another instrument in parliament, (Ibid.) dated the same day in present! parliamento apud Palatium Westm: 17 June, A.R. 7th. The following earls and barons, witnesses in parliament to another instrument, in the present parliament, at Westminster, 22 Dec. A. R. 8 Hen. IV. — (Rot. Pari. v. 3. p. 582-3. Edward duke of York John earl of Somerset Edmund earl of Kent Thomas earl of Arundel Richard earl of Warw' Edward earl of Devon Michael earl of Suffolk Richard earl of Oxford Ralph earl of Westmoreland William lord de Roos Richard lord Grey de Code- nore Henry lord Beaumont Reginald lord Grey de Ru- thyn William lord de Ferrers Thomas lord Furnivalle William lord Wylughby Hugh lord Burnell William lord Clynton Thomas lord de Morley John lord Darcy John lord Lovell Bartholomew lord Bourchier Gilbert lord Talbot William lord la Zouch Thomas lord Camoys Richard lord Seymour Henry Fitz-Hugh Henry le Scrop de Masham John de Welles John Cobham Peter de Malolacu John de Latymer Edward Charleton de Powys Mas' Thomas de la Warre VOL. I. 82 BARONIA ANGLICA CONCENTRATA. Thom' Berkeley de Berkeley John Tochett Ralph de Crumbwell Robert Ponynges Ralph de Greistok John de Haryngton/ and William Beauchamp de Ber- Richard le Straunge gavenny Triers of Petitions, 9 Hen. IV., A.D. 1^01 .—Ibid p. 608-9. Le Count de Warrewyk Le Sire de Bumell „ „ Westmorl' „ Lovell „ „ Somersete „ Rocs „ „ Anindell ^ „ Berkeleye Ibid 11 Hen IV., A.D. U09-10.— Ibid p. 623. Le Count de Warrewyk Le Sr de Bumell „ „ Westmerl' Le Sire de Morley „ „ Somers' Le Sf de Roos „ „ Arundell „ Berkeley Ibid 13 Hen. IV., A.D. lUl.— Ibid j). 648. Le Count de Warrewyk Le Sire de Burnell „ „ Westmerl' „ Morley. „ „ Oxenford „ Roos , „ Suflf' „ Berkeley Ibid 1 Hen. V. A.D. U\3.—Ibid Vol. IV., p. 4. Le Cont de Warrewyk Le Sfe de Burnell „ Ferrerys „ Roos „ Berkeleye Ibid 2 Hen. V,, A.D. UU.—Ibidp. 35. Le Due de Clarence Le Due d'Everwyk „ „ Bedeford Le Count de la March „ „ Gloucestr' „ „ Warr' a He appears to be constantly summoned by the name of Robert , but his real name was John, as here men- tioned in the Rolls of Parliament. His father Robert died the 7 Hen. IV. J3 „ Westmerl- 53 „ Sarum J3 „ SufF' ORIGIN OF NOBILITY. Le Count de Dorsete Le Sf de Morley „ „ Westmerlaud „ Powys „ „ Saresbirs „ Grey de Ruthyn „ „ Mareschall „ Lescrop „ Suff' „ Haryngton Le Sf de Berkeleye Ibidi Hen. V. A.D. U\6.—lbid p. 63. Le Sire Grey de Ruthyn Le Sire de Talbot „ de Powys „ Ponynges lUd^ Hen. V., A.D. 1415.— Ibid p. 71. Le Due de Clarence Le Count de Saresbirs „ Bedeford Le Sr Gray de Ruthyn „ Gloucestre „ de Berkeleye Le Count de la March „ Ponynges „ „ Westmerland Ibid 4 Hen. V., A.D. 1416.— Ibid p. 95. Le Due de Clarence Le Cont de Saresbirs' „ „ Bedeford Le Sire de Gray de Ruthyn „ „ Gloucestre „ Berkeley Le Cont de la Marche ,„ Ponynges „ „ Dorsete Peers in parliament 4 Hen, V. — Ibid p. 96. Le Due de Clarence Le Count de Westmerland J, Bedeforde Le Sf de Grey de Ruthyn „ Gloucestre' „ Bourcher „ Excetre' „ Haryngton Le Count de la Marche „ Clynton „ „ Warr' „ Camoys „ „ Mareschall „ Ponynges „ „ Saresbirs „ Fitz-Hugh „ „ Northumbr' Triers of Petitions 5 Hen. V., A.D. UlJ.—Ibidp. 107- Le Due d'Excetre Le Sf de Gray de Ruthyn Le Count de Northumberland „ Ponynges „ „ Westmerland 83 84 BABONIA ANGUCA CONCENTKATA. Ibid 7 Hen. V., A.D. 1419.— Ibid jo. 116. Le Sire de Camoys Le Sire de Ponynges Peers in Parliament, Ibid p. 118. Le Count de Westmoreland. Le Sire de Grey de Ruthyn Le Sire de Clynton „ Ferreres de Groby „ Ponynges „ Camoys „ Botreaux Triers of Petitions 8 Hen. V., A.D. 142,0.— Ibid p. 123. Le Sire de Gray de Ruthyn Le Sire de Ponynges Ibid 9 Hen. V., A.D. 1420.— Ibid p. 129. Le Due de Gloucestre Le Sr de Grey de Ruthyn Le Count de la Marche „ Ponynges Ibid 9 Hen. V., A.D. 1421.— Ibid p. 150-1. Le Sr de Gray de Ruthyn Le Sire de Clynton Triers of Petitions 1 Hen. VI., A.D. 1422.— Ibid p. 170. Le Due d'Excetre' Le Sire de Crumbewell Le Count de Warwyk „ Ponynges Peers in Parliament nominated to be of the king's council. — Hid p. 175. Le Duo de Gloucestre Le Count de Westmerl' „ Excetre Le Sire Fitz-Hugh Le Count de la March Monsr Rauf Crumwell „ de Warrewyk „ Wauter Hungerford „ Mareshall „ John Tiptoft „ de Northumbr' „ Wauter de Beauchamp Triers of Petitions 2 Hen. VI. A.D. 1423.— Ibid. p. 198. Le Count de Warrewyk Le Sire de Grey Le Sire de Crumwell Peers of the King's Council, Ibid. — p. 201. Le Due de Gloucestre Le Due D'Excetre Le Chaunceller Le Count de March Le Tresorer „ Warrewyk Le Gardein du Privee Seal „ Mareschall ORIGIN OF NOBILITY. 85 Le Count de Northumbr' Le Sire de Bourghchier „ Westmerland „ Scrop Le Sire de Crumwell MonSr Walter Hungerford „ Fitz-Hugh „ John Tiptoft Triers of Petitions 3 Hen. VI. A.D. 1425.— Ibid. p. 261. Le Due de Gloucestre Le Sire de Crumwell „ Excestre' „ Bourghchier Le Count de Warrewyk „ Scrope Ibid. 4 Hen. VI. A.D. 1425.— p. 295-6. Le Due de Bedeford Le Sr de Scrop „ Excestr' Le Sire de Bourchier Le Count de Northumbr' „ Ferrers de Groby Le Sr de Crumwell Ibid. 6 Hen. VL A.D. 1421 .—Ibid. p. 316-17. Le Due de Gloucestre Le Sire Bourchier Le Count de Huntyngdon „ de Tiptoft „ Stafford „ Crumwell Nomina Dominorum Subscribentium manibus suis de potestate Protectoris &c. in eodem parliamento 6 Hen. VL A.D, 1427.— Ibid. P- 32?. Johannes Dux Norff' Johannes I'Escrop Johannes Comes Huntyndon Radulfus de Cromwell Humfridus Comes Stafford Walterus Hungerford, (The- Thomas Comes Sarum saurarius Angliae) Jacobus de Audeley Johannes de Tiptoft Lodowicus de Bourghchier Robertus de Ponynges Reginaldus le Warr* Triers of Petitions 8 Hen. VI. A.D. 1429.— Ibid. p. 335. Le Due de Gloucestre Le Sire de Cromwell „ Norff' „ Roos Le Count de Warrewyk „ le Scrop Nomina Dominorum Subscribentium, &c. in eodem Parliamento 8 Hen. VL — Ibid. p. 344.^ Humfridus Dux Gloucestr' Ricardus Comes Warr' Johannes Dux NorfP Humfridus Comes Staff 86 BARONIA ANGLICA CONCENTKATA. Lodowicus Robessart Walterus Hungerford, (The- Radulphus Cromwell saurarius Angliffi) Johannes le Scrop Johannes Tiptoft Triers of Petitions 9 Hen. VI. A.D. liSO-l.— Ibid. p. 368. Mongr John Tiptoft Le Sire le Scrop Le Sire de Ponyngs Peei-s of the King's Council, — Ibid. p. 3 74. Richard Counte de Warr' Humfrey Count de Stafford John Count de Huntyngdon Rauf Sire de Cromwell Wauter Sire de Hungerford, John Sire L'Escrop (Tresorer D'Engleterre) Johan Sire de Tiptoft Triers of Petitions 10 Hen. VI., A.D. Ii32.— Ibid. p. 388. Le Duk de Gloucestr' Le Count de Suffolk „ Norff' Le Sire de Beaumont Le Count de Huntyngdon „ Hungerford „ Stafford „ Ponynges „ Oxenford Ibid 11 Hen. VI., A.D. MSB.— Ibid p. 419. Le Due de Bedford Le Count de Saksbury „ Gloucestre „ d'Everwyk Le Count de Warrwyk „ „ Stafford „ „ Suffolk „ Tiptoft. Peers in Parliament 11 and 12 Hen. VI., A.D., 1433. — Ibid p. 422. Johannes Dux Bedford Johannes Comes Oxon' Humfridus Dux Gloucestr' Willielmus Comes Suff' Ricardus Dux Eborum. Edmimdus Comes Moriton Johannes Dux Norff infra setatem Comes Devon infra setatem Ricardus Comes Warr' de Beaumont Chivaler Johannes Comes Huntyngdon ^ Willielmus de Ferrariis de Groby Humfridus Comes Stafford Chivaler Ricardus Comes Sarum Willielmus le Zouch Chivaler Henricus Comes Northumbr' Thomas de Morley Chivaler » „ Northumbr' 3 Sir de Cromwell. » Hungreford « Lovell ORIGIN OF NOBILITY. 87 Radulphus Cromwell Thesaurarius Anglie Jacobus de Berkeley Chivaler Henricus de Grey de Codenore Chivaler Henricus le Bourchier Chivaler Johannes de Latymer Chivaler Robertus de Ponynges Chivaler Thomas de Dacre Chivaler Johannes de Welles Chivaler de Fauconberge Chivaler William de Lovell Chivaler Walterus Hungerford Chivaler Johannes de Tiptoft Chivaler Johannes Comwayll de Faunhope Chivaler Johannes le Scrop de Masham Chiv'r promisit in Camera sua pro- pria quia infirmus in manus Cancellar' quinto die Decem- bris Triers of Petitions 14 Hen. VI., A.D. 1435.— Ibid p. 482. Le Due de Gloucestr' Le Count de Northumbr* „ Everwyk Le Sir de Tiptoft. Le Count de Huntyngdon „ Faunhope „ „ Warrewyk Le Sire de Ponynges „ „ Oxenford Ibid. 15 Hen VI., A.D. U36.~lbid p. 496. Lc Duk de Gloucestr' Le Sire de Tiptoft Le Count de Stafford „ Scrop „ „ Warrewyk „ Ponjmges „ „ Devonshire Ibid 18 Hen. VL, A.D. 1439. Le Due de Gloucestr' Le Count de Northumbr' Le Sf de Beaumont „ Audeley -Ibid Vol. 5, p. 4. Le Count de Suffolk Le Sf de Berkeley „ Scroop „ Faunhope Ibid 20 Hen. VL, A.D. lAAX.—bid p. 36. Le Due de Gloucestr* Le Sr Gray de Ruthyn Le Count de Himtyngdon „ „ Devenshire „ „ Northumbr* „ „ Suff' „ „ Stafford „ „ Dorset. Scrop de Bolton Hungerford Faunhope Dudley Morley Scroop de Masham 8S BARONIA ANGLICA CONCENTRATA. Ibid 23 Hen. VI., A. D. lU'i.— Ibid p. 66. Le Due de Glouc' Le Count de Saresbirs „ Norff Le Sire Grey de Ruthyn „ Excestre „ „ Dudley Le Marques de Dorset „ „ Fauconberge Le Count d' Arundel „ „ Cromwell „ Oxenford „ „ Latymer Ibid 25 Hen. VI., A. D. 1447.— Ibid p. 129. Le Duke d'Everwyk Le Counte de Northumbr' „ Excestre Le Viscount Beaumont „ Bokyngham Le SiredeScropedeMasham Le Marques de Dorset „ Dudley Le Marques de SufF' „ Cromwell Le Counte d' Arundel „ Sudley „ de Salesbirs Ibid 27 Hen. VI., A. D. UiO.—Ibidp. 141. Le Duke de Bukyngham Le Sr de Cromwell „ Suff „ Molyns Le Count d'Arundel „ Grey „ Devonshire „ Dudley „ Oxenford „ Sudeley Le Viscount Bourghchier Ibid. 28 Hen.. VI., A.D. Ui9..—Ibid. p. l7l Le Due de Bukingham Le Sr de Lisle „ Suff' „ Fitzhugh Le Count d'Arundel „ Sudeley J, Salisbury „ Cromwell „ Wilteshire „ Say de Sele „ Worcestr* Ibid. 28 Hen. VI., A. D., 1450.— Ibid. p. 182. The duke of SuflFolk having been impeached of certain high crimes and misdemean- ours, was sent for to appear before the king and the lords spiritual and temporal the ORIGIN OF NOBILITY. 89 13tli of March, the 28 Hen. VI. ; and on Tuesday, the l7th day of the same month, he made his second appearance in pariiament, where, besides divers spiritual lords, the fol- lowing temporal were present, viz.: Duke of Buckingham Earls of Warrewyk „ Devonshire „ Oxenford „ Northumberland „ Wilteshire „ Worcestre .Viscounts — Beamond „ Bourgchier Barons — Roos „ Grey de Ruthyn „ WeUys „ Scales „ Cromwell Barons — Lisle Ferrers de Groby Cobham Dudley Sudeley Beauchamp Say Seint Amond Hastynges Moleyns Stourton Ryvers Vessy Ibid. 29 Hen. VI. A.D. U50.—Ibid. p. 210. Duke of Buckingham „ Somerset Earl of Arundel „ Salisbury „ Devonshire „ Wiltshire Viscount de Beamond Viscount de Bourgchier Le Sire de Cromwell „ Ferrers de Groby „ Welles „ Roos „ Lisle Ibid. 31 fj- 32 Hen. VI., A. D. 1453.— Ibid. p. 227. Duke of Norfolk Earl of Warwick „ Devon „ Oxenford „ Salisbury „ Salop Wurcestr' Le Sr de Grey de Ruthyn J, Graystock „ Fitz Hugh „ Cromwell „ Duddeley „ Seint Amond 5J VOL. I. C Duces. 1 Wiltsh ire — Comes. Beaumont ?Vicecomites Bourgchier ^ 'Comites. Faucnnbergh Willugliby > Milites. Stourton ^ 90 BARONIA ANGLICA CONCENTRATA. Ibid. 32 Hen. VI., A. D. 1454.— Ibid. jj. 240. Lords assigned to attend the king at Windsor, on certain matters : — the earls of Warw', Oxon', Salop ; viscounts Beaumont & Bourchier ; lords Fauconberge, Duddeley, & Sto urton. 23 March, 1454. Peers in Parliament who subscribed the Creation of Prince Edward, son of Hen. VI. to be Prince of Wales, and Earl of Chester, 32 Hen. VI. A.D. U54.—Rot. Pari v. 5.jj.249. R. Eborum H. Buk' Jasper Pembr' Warrewyk Oxenford Salisbury Triers of Petitions 33 Hen. VI., A.D. U55.—Ibid. p. 278-9. Duke of York Earl of Wircestre „ Buk' Le Viscount Bourchier Earl of Pembroke Le Sr de Faukenbrigge „ WarreV „ Cromwell „ Salisbury „ Bonvyle „ Salop „ Berners Lords in Parliament 33 Hen VI. appointed to inquire into the King's Household, ifc, viz. : Pro Hospitio Regis. — Earl of Worcester, Vicecomes Beaumont, Dominus de Crom- well & de Sudeley. Pro Gales' ^ Berewico. — Duke of Buckingham, Earls of Warwick, Sarum, & Salop, Dominus de Fauconberge, & de Stourton. Pro Custodia Maris. — Comes Oxon, Dominus de Scales, Dominus de Fitzwareyn, Dominus de Bonevyle. Pro Auro et Argento, ^c. — Comes Wygorn Lords, who, the 24th of July, 33 Hen. VI., in Parliament, swore to be loyal to the Mmg.—Ibid. p. 282-3. Dux Eborum Comes Oxon „ Buk' „ Salop Comes Pemljroch' „ Wygorn „ Warr' Vicecomes de Beaumond „ Sarum „ „ Bourgchier ORIGIN OF NOBILITY. 91 Dominus de Clynton >» »j Say >3 Fitzwareyn 5> Bonvyle » Ruggemond Gray JJ Berners 5) 33 Clifford Powes Dominus de Grayde Ruthyn de Faukenberge de Sc,",les de Cromwell Ferrers de Groby de Sudeley de Beauchamp deScrop de Bolton de Stourton N. B . The archbishop of Cant. & York, eleven bishops, eighteen abl30ts, and the prior of Coventry and St. John of Jerus. in x^.ngl., included in the said oath or protes- tation of allegiance. Triers of Petitions 38 Hen. VI., A. D. U59.— Ibid. p. 345. Duke de Buk' Le Sf de Lovell Le Count de Salop „ Dacre de Gilleslond „ Wiltes' „ Dudley Le Sr de Clyfford „ Beauchamp „ Fitz-Hugh „ Berners Oath of Allegiance taken l)y the lords, 1 1 December, 38 Hen. VI. in the Parliament Chamber at Coventry. Dominus Grey de Ruthyn „ Grey Wellys „ Greystok Due Exon' „ Norff' „ Buk' Comes Pembrochie „ Arundell „ Northumb' „ Salop „ Wiltes' Vicecomes Beaumont „ Bourchier Dominus Cljdford Fitz-Hugh Dominus Beauchamp „ Rugemond Grey „ Bonvyle „ Scroope de Masham „ Stourton „ Egremond „ Berners „ WiUughby „ Stanley Nevill „ Dacre „ „ Dacre de Gilleslond „ „ Scales „ „ Bergaveniiy „ „ Dudley „ „ Sudeley The 2 archbishops, 16 bishops, 14 abbots, the prior of Coventry & St. John of Jerusalem. Triers of Petitions 39 Hen. VI. A.D. U60.—Ibid. p. 373. Le Count de Warvvyk Le Sr Fitz-Waryn „ Saresburg „ de Scrop Le Viscount de Bourgchier „ Bonevyle Le Sf Grey de Ruthyn „ Berners „ de Dacre „ Rugemond Grey 92 BARONIA ANGLICA CONCENTRATA. Anno Quinto Hen. VI.— Ex. Bib. Cott. Titus E. V.—Ibid. p. 407. Lords of the Kynges Counsaille The Due of Bedford The Erie of Salesbury „ Gloucestre „ Northumberland „ Excestre The Lord Cromwelle „ Norfolk „ Scrop The Erie of Huntyngdon „ Bourgchier „ Warwyk „ Hungerforde „ Stafford „ Typtot Ibid. p. 409. — Peers in Council at Reding, 24 Nov. 5 Hen. VI. Johan (i. e. Duke of Bedford) Cromewell H. Gloucestre & J. Norff' Scrope J. Huntyngdon Hungerford H. Stafford L. Bourchier T. Salisbury Tiptot H. Percy Ex Bibl. Cott. Titus E. V., No. 38.— Ibid 450. Peers in the Council Chamber at Westm : 30 Mar., 32 Hen. VL R. York, H. Bukingham, R. Warrewyk, J. Worcestre, Devon, R. SaUsbury, Beau- monte, Bourgchier, W. Fauconberge, Scales, J. Duddeley, W. Ferys, Ebergavenny. Ex. Bibl. Cott. Titus, E. VI., 34 Hen. VI.— Ibid. p. 453. Peers in the Star Chamber at Westm : 10 Nov. 34 Hen. VL H. Bukingham, R. Warrewyk, J. Worcestre, R. Salisbury, Bourgchier, Arundel, W. Fauconberge, W. Scrop, Grey Rychemont, Fitzwaryn, Stourton. At Westm : 11 Dec. 34 Hen. VL— R. York, H. Bukingham, R. Warrewyk, R. Sal- isbury, Arundel, J. Worcestre, Oxenford, Fauconberge, Bourgchier, Fitzwaryn, Stourton^ Berners. Triers of Petitions 1 Ediv. VL, A. D. 1461.— Ibid. p. 461. Le Due, Le , Le Count de Warr, Le Count de Worcestre, Le Count , Le Count de Essex, Le Count de Kent, Le Sf de Audeley, de Grey Ruthyn, de Grey- stock, de Clynton, de Scrop, de Stourton, de Hastynges, de Suthwyk, Le Sr Fitz-Hugh.. Le Sf Scrop de Upsale, Le Sf de Cobham, Le Sf de Dacre. ORIGIN OF NOBILITY. 93 Ibid. 3 Edw. IV., A. D. Le Due de Suff' Le Count de Warcwiee „ Essex „ Worcestr' Le Sr de Berners „ Audeley „ Hastynges Ibid. 7^8 Edw. IV., A. D. Le Due de Clarenee Le Count de Arundel „ Woreestre „ Essex „ Ryvers Le Sf de Berners \AQZ.—Ibid.p. 496. Le Sf de Wenlok „ Suthwyk „ WiUughby Montegue Herberd Daere 5> \A&T-B.—Ibid.p. 571. Le Sr de Audeley „ Hastynges „ Scales „ Dudeley „ Dacres Ibid 12 if 13 Edw. IV., A. D. 1472-3.— Vol. 6, p. 3. Le Due de Clarence Le Sr de Hastynges Le Count d' Arundel „ Mountjoye „ „ Sherosbery „ Strainge „ „ Wilteshire „ Daere Le Sf de Stourton Ibid. 17 Edw. IV., A.D. U77..— Ibid. p. 167- Le Due de Gloueestre Le Sf de Stanley „ „ Bukyngham „ „ Hastynges Le Counte d' Arundel „ „ DjTiham „ „ Essex 5, „ Beauchamp „ „ Rivers ,, Ferrers Ibid. 22 Edw. IV., A. D., U82.—Ibid.p. 196. Le Due de Buk' Le Counte de Huntyngdon Le Marques de Dorset Le Viseounte Lovell „ Berkeley Le Sf Stanley Le Sf Hastynges „ de Daere „ „ Dudley „ „ Fitz Hugh „ „ Scrope •»i. 94 BARONIA ANGLICA CONCENTRATA. Rot. Claus. 11. Edw. IV. m. i., Dors. Rot. Pari. Vol. G, p. 234. Names of those who, in the parliament chaml^er at Westminster, 3 July, the 1 1 Edw. IV., made protestation of oath, and subscriljed eorum manib' propriis, the recog- nition of Edward Prince of Wales, eldest son of king Edward, viz : — G. Clarence 11. Gloucestre — Norff' H. Bukynghame J. Suffolk — Arundel H. Essex E. Kent — Ri\'ieres J. Wiltshire E. Arundel Maltravers A. Grey — Duras J. Fenys K. Beauchamp Sir Roljert Fenys — Bourgchier T. Bourgchier J. Uuddeley J. Audeley — Dacre E. Bergevenny J. Straunge J. Scrop W. Ferrers — Berners — Hastynges — Montejoye — Dynham — Howard N.B. — The two archbishops ; eight bishops, and the prior of St. John. Triers of Petitions 1 Ric. III. A.D. USS.—TOid.p. 237- Le Sf de Grey W. Par. J. Pilkyngton W. Brandon Wittm Courtenay Thomas Molyneux Rauff Asheton Le Due de Norfolk Le Count de Kent „ Surr' Le Viscount Lovell Audeley Powyk Ibid 1 Hen. VII., A. D. 14S5.— Ibid. p. 268. Le Due de Bedford Le Count de Devon „ „ Suffolk Le Sr de Bergevenny Le Count d'Arundell „ „ Cobham „ „ Oxenford „ „ Beauchamp „ „ Nottingham „ „ Fitzwauter „ „ Derbie „ „ Dudley Names of lords temporal who in the parliament chamber at Westminster made oath to observe certain articles then and there propounded to them. — 1 Hen. VIL, A.D. 1485, Ibid p. 288. Duces — Bedford & Suff' Comites-^ Salop Comites — Lincoln Nottingham Arundel Prj^'ers Derbie Devon ORIGIN OF MOBILITY. 95 Comes Wilts Barones Fitz-Walter Viscount de Beaumont Grey de Wilton Barones Grey Beaucliamp Dudley Hastinges Bergeveny Triers of Petition 3 Hen. VII., A.D. US7.—Ibid.p. 385. Le Due de Bedford Le Sr de Audeley „ Suffolk „ Bergevenny Le Count d'Oxenford „ Gray „ de Nottingham Le Sire Fitzwauter „ de Ryvers „ Straunge Ibid. 4 Hen. VII., A. D. 1488.- -Ibid.p. 410. Counte d' Arundel Le Sire de Bergevenny „ d'Oxenford „ d' Audeley „ de Derby „ d'Ormond „ de Notyngham Le Sr Dpiham „ de Wilteshire „ De la Warre Viscounte Lisle Le Sire Dudley Ibid. 7 Hen. VII., A. D. 1491.— Ibid. 2^. 441. Dux Bed' Dnus Dynham Miles Marchio Berkeley Wittus Huse Miles Comes Wiltes' Dnus Scrop de Bolton Viceoom'es Wellys „ Audeley Ibid. 11 Hen. VII. A.D. U95.~Ibid.p. 458. Comes Oxon Comes Suflf' Dnus Dudley „ Derb' 55 Essex „ Daubeney „ Surr' Vicecomes Wellys „ Bergevenny „ Arundel Dnus de Ormond „ Straunge „ Kane' 55 de la AVarre „ Audeley Ibid 12 Hen . VII., A.D. 1496.- -Ibid p. 509-10. Le Counte de Oxenford Le Siir Beauchamp 35 53 Derbie „ Daubeney 55 55 Salop „ Broke 55 55 Essex „ Dynham 53 55 Kent „ Hastynges Le Viscount Wellys 96 BARONIA ANGLICA CONCENTRATA. Ibid 19 Hen. VII., A.D. 1503.— Ibid. p. 521. Le Due de Bukyngham Le Sr Hastinges Le Counte de Shrewesbury „ Herberd Surrey „ Burgavenney Arundel „ Dacre de Dacre Northumberland „ Mountjoye Le Sf Daubeney 35 » 3» 3> 35 53 N.B. — The preceding proofs of barons sitting in parliament have been extracted from the printed Rolls of Par- liament for the purpose of affording a facility of reference from the account given in the following pages of those eminent persons who were created by writ of summons, and to distinguish the periods of their presence and exercise of the peerage rights in their Lords' House of parliamentary legislation. [97] THE NAMES OF PERSONS MENTIONED BY DUGDALE TO HAVE BEEN SUMMONED TO PARLIAMENT. ABERGAVENNY sive BERGAVENNY. This barony is of a very peculiar nature, embracing the two attributes of barony by ten- ure, and by writ of summons. The castle of Abergavenny (or rather Bergavenny as then called) was built by Hani- elin de Balun, first lord of the territory of Over-Went, or Wentland, in Wales, after the Norman conquest. Not having any issue, he gave his said territory of Over- Went, in which the castle of Bergavenny was situate, to his nephew Brian, son of his sister Lucie, who was countess of the Isle. From this Brian (Fitz-Count) the lands of Over- Went, and castle of Bergavenny, came to Walter of Gloucester, whose son Milo was created earl of Hereford, and having had five sons, who all died s.p. ; their three sisters became their heirs and divided the inheritance. Of these, Berta the second sister, married William de Broase, and had the lordship of Brecknock, with the lands of Over-Went, and the castle and seigniory of Bergavenny. But Brecknock being the largest seigniory, the title of Bergavenny was never used by him or his descendants, they writing themselves lords of Brecknock only. The male line of Braose terminated in three daughters and co-heirs, whereof, Eve, the second, married William de Cantilupe, and had in the division of tha inheritance, the lands of Over-Went, and castle, and seigniory of Bergavenny. It was in the person of this William de Cantilupe that the stjde of Bergavenny is said to have been first used. He, according to some authorities,* having been summoned * CoUins's to parliament by king Hen. III. ; but there is not any record to sustain that assertion. jg George de Cantilupe, only son of Sir William, dying s.p., his two sisters became his co-heirs : of these Joane married Henry de Hastings, who thereby in the division of his estates, obtained the castle and territory of Bergavenny. John de Hastings, his son and heir, had summons to parliament from the 22 Edw. I. to the 6 Edw. II. In the 29 Edw. I., by the designation oi John de HasiinffS Dominus de Bergavenny, he was one of those barons who in the parliament at Lincoln, subscribed the famous letter to the Pope, — thereby intimating that Bergavenny was the name of his barony, though Hastings was his surname. 98 BAKONIA ANGLICA CONCENTRATA. Lawrence Hastings, his grandson, was created earl of Pembroke, by king Edw. III. ; so that the title of baron Hastings, or Bergavenny was merged in that higher dignity. John his son, the second earl, having a great dislike to Reginald lord Grey, his cousin, and to Hugh Hastings his next heir male, made a feofment the 43 Edw. HI., whereby, (according to Dugdale,) in case he should die without issue of his body, he settled the town and castle of Pembroke upon the king, his heirs, and successors, and the castle of Bergavenny, and other lands in England and Wales, upon his mother's sister's son, Wil- liam de Beauchamp. John, third earl of Pembroke, only child of the said Earl John, dying s.p. the 13 Rich. II., the title of earl of Pembroke ceased, and the castle and barony of Bergavenny passed by virtue of tlie feofment to William de Beauchamp, who being so seised thereof, was in the 16 of Rich. II. summoned to parliament by the style of William Beauchamp de Bergavenny. Richard Beauchamp, his only son and heir, was never summoned to parliament by the same description, being shortly after he had acquired his majority, created earl of Worcester, in 1420, and dying in 1451, s.p.m. his earldom became extinct, but the barony created by the summons to parliament of his father, the 16 Rich. II., remained in the heir general of his body. He married Isabel, daughter and heir of Thomas, lord Le Des- penser, by whom he had an only daughter and heiress, Elizabeth, who married Edward Neville, a younger son of Ralph Neville, first earl of Westmorland : this lady was there- fore heiress of the two baronies of Le Despenser, and of Beauchamp de Bergavenny. — But it does not appear that her husband Edward Neville, was immediately summoned to parliament, jure uxoris, as the usual practice then was, to either barony ; on the con- trary, William de Beauchamp, grandfather of the said lady Elizabeth, is said by Dugdale, to have settled the castle of Bergavenny, he, upon Joan, his wife, and the heirs male of the body of the said William, with remainder, for default of such issue, to the heirs male of Thomas, earl of Warwick, his brother; which heirs male failing, the said Edward Neville, and Elizabeth, his wife, upon their humble remonstrance, obtained in the 27th * Dugd. Bar. of Hen. VI. livery thereof, and thereupon, according to Dugdale,* (before cited,) was " ■ ■ ^' ■ styled lord Bergavenny, and the 29th of Hen. VI. was summoned to parliament by that title. Henry, great grandson of the said Edward lord Bergavenny, deceasing in 1586, left one sole daughter and heiress Mary, who married Sir Thomas Fane, knight, and there- upon claimed the barony of Bergavenny against Edward Neville, son of Edward, a younger brother of the before mentioned Henry, on whom the castle of Bergavenny had been settled both by testament and act of parliament. This claim after a long contest, and very learned arguments, was not determined until the 25th of May, 1 Jac, when by judgment of the house of lords, and order of the commissioners for executing the office ORIGIN OF NOBILITY. 99 of earl Marshall, the title of Bergavenny was decreed for the heir male, and the king gave the barony of Le Despenser to the heir female (tlie claimant Marj") and her heirs. Here it must be observed that the barony of Bergavenny, if created by writ, could not claim precedency further back than either the 29 of Hen. VI., or 16 Ric. II. ; but if it was a barony by prescription or tenure, every person who had been in possession of the castle, being reputed ratione possessionis, a baron, then its precedence would be from HameUn de Balun, the first builder and Norman baron after the conquest. Had this not been so considered by the claimant, it appears rather singular she should have sought this barony in preference to that of Le Despenser, which was of more antiquitv, as dateable from its first writ of summons. Again, if the summons to William de Beau- champ was merely personal, and the additament of de Bergavenny put to distinguish him from other barons of the same name, he was only baron Beauchamp ; but if the additament was meant as a creation of haron Bergavenny, then it clearly referred to the possession of that castle, as a barony by prescription, appertaining to its possessors, similarly as to the possessor of Arundel castle. But the decision left the question unde- cided, and partook of the character of a compromise, but not a declaration of the law ; the singular point is, that the claimant did not obtain what she sought ; but got that which she never appUed for, and in fact was a forfeited title.* * VideLeDes- penaer. William Beauchamp, summoned to parliament, IC Richard II., by the=pJoan, sister and co-heir to Thomas, addition of de Bergavenny. I Earl of Arundel. I Richard, created earl of Worcester. -plsabel, daughter and at length heir of Thomas, baron Le Despenser. Eli2abeth, sole daughter and heir.=pEdward Neville, summoned 29 Hen. VI., as baron of Bergavenny. George Neville, 2nd baron Bergavenny.-] r ' , George, 3rd baron, entailed Bergavenny, &c. upon the heirs male of his own body ; default, on his Sir Edward brother Sir Edward ; default remainder, to his own right heirs.-] Neville.-, 1 ^ I 1 Henry, 4th baron.-, Edward Neville of Bergavenny, died before the decision.-, I I 1 Mary, sole daughter and heir, wife of Sir Edward Neville, baron Bergavenny sive Abergavenny, first Thomas Fane, knt. summoned after the decision. But notwithstanding this compromise, by which both parties were ennobled, there remains an important point for consideration, as to what eflfect it had with respect to the barony of Bergavenny, (or Abergavenny as now called,) either to establish it as a barony by writ ; or as a barony by virtue of the possession of the castle, and founded upon pre- scription. If the latter, the precedence would be before that of Le Despenser, and therefore, the placing it below that barony was inconsistent. If it was a barony first re- cognised by writ in the person of John de Hastings, denominated Dominus de Berga- venny, the 29 Edw. I., then neither Beauchamp, nor Neville, who took through Beau- champ, were descended from Hastings, and could not have any pretension of descent in 100 BARONIA ANGLICA CONCEiNTRATA. the character of heirship. Under this view it would seem, that the writ of summons to Edward Neville, after the compromise, was the creation of a new barony, which by vir- tue of the writ, was rendered a peerage descendable to the heirs general of the body of the said Edward Neville, although the castle of Bergavenny still remained under the entail to heirs male. The writ of summons could not have the retrospective effect of placing him next to Despenser, unless he had been entitled to a barony, of which some ancestor to whom he was heir, had been called to parliament with that precedence ; which not being the case, the highest date he could refer back to, was that of William de Beauchamp, temp. Ric. II. and to that he was not heir, for lady Mary Fane was the heiress general ; and moreover, the precedence given to him was contrary to that statute of 31 Hen. VIII.. as referred to by the lords in protesting, to the precedence given in Journ.Dom. the creation by Charles I. to William, the first earl of Banbury.* If the barony then be deemed created by writ, the succession, or right of succession, would be vested according to the under table of descent : — Edward Neville, heir male, and summoned to parliament as Lord Abergavenny, 3 Jas. I. — ob. 1622. I , , , Edward, 2nd Lady M.=f=Henry, Lord^Catherine, co-heir Christopher, 3rd son, Proc son, ob. Sackville. coelebs. (1st wife) r Abergavenny ob. 1641. of Lord Vaux ■ a quo the line of the (2nd wife.) next heir male. ... 1 r-rn Sir Thos. Neville ,=T^France3 Four John, Lord Aberga- George, Lord Aberga-pMary Three ob. vi. pat. 1628. 1 Mordaunt. daurs. venny, s.p. 1660. venny, ob. 1666. I Gilford. daurc. I ' I r-^ Margaret, mar. Thomas, son of Sir Basil Brook, knt., George, Lord Bridget,-i-Sir John according to Edmondson, but Dugdale states Sir Thos. Abergavenny, sister & I Shelley, Neville, died s.p. and his wife's name Eliz. not Frances. ob. 1694-5, s.p. heir. | hart. I ; — ' Frances Shelley, daughter and heiress, married Richard, Viscount Fitz-William, of Ireland. ALDITHLEY sive AUDLEY, of Heleigh.— (25 Edw. I.) This barony of ancient date, and of great fame in its early lords, being an existing title, of which an elaborate account may be found in the various editions of Collins's peerage, and the peerages of the day, a lengthened account of it is here unnecessary to be entered into, and as such it may suffice to say, that Nicholas de Aldithley, or Audley, was first summoned to parliament the 25 Edw. I. But Sir Harris Nicolas, in his Peerage Synopsis says, it is doubtful if that writ can be considered as a regular summons to parliament : yet, whatever the opinion of that learned gentleman may be, it appears that a parliament was holden in that year, in which fVideAppen- the great charter, and charter of the forests was confirmed.^ He died in 1299, and was succeeded by his son. ORIGIN OF NOBILITY. 101 Thomas, second lord Audley, who died shortly after in 1307, under age, and without issue, (according to Dugdale) leaving Eve his wife surviving (who was daughter and eventually heir of John lord Clavering) and Nicholas, his brother and heir, which Nicholas, third lord Audley, had summons to parliament from the 6 to the 12 Edw. II., and died the year following, (1319)" leaving Joane his wife surviving, (who was widow of Henry Lacy, earl of Lincoln, and sister and co-heir of William Martin, baron of Kameys) and James his son and heir,'' which James, fourth lord Audley, was then not fully three years of age, who afterwards be- came one of the most eminent noblemen of his day, and was particularly famous for his martial exploits at the ever memorable battle of Poictiers, having had summons to parliament from the 4 Edw. III. to the 10 of Ric. II. He died the same year, being then one of the knights of the illustrious order of the Garter. He married 1 st Joan, daugh- ter of Roger Mortimer, earl of March, by whom he had Nicholas his son and heir, and two daughters, viz. Margaret tmd Joan. To his second wife he married Isabel, one of the daughters and co-heirs of William Malbank, by whom he had a daughter also named Margaret, who married Fulk Fitz-Warine. Nicholas, fifth lord Audley, survived his father only a short time. He married Eli- zabeth, daughter of Alice de Beaumont, countess of Boghan, (Buchan), and having been summoned to parliament from the 11 to the 14 Ric. II., died shortly after (1392) with- out issue, leaving John Tuchet, grandson of Joan his eldest sister, and Margaret the wife of Sir Roger Hilary his other sister, his co-heirs of the whole blood. The said John Tuchet was afterwards summoned to parliament from the 7 to the 9 Hen. IV. as " Johanni Tuchet," and died the following year, leaving James Tuchet his son and heir, which James Tuchet had summons to parliament from the 8 Hen. V. to the 33 Hen. VI. as " Jacobo de Audley," by which description, John his son and heir was summoned from the 1 of Edw. IV. to the 1 of Ric. III. He died in 1491, and was succeeded by his son and heir, James Tuchet who had summons from the 7 to the 12 of Hen. VII., but was be- headed and attainted in 149/. John his son and heir was restored in blood, and to his honours in 1512, and was afterwards summoned to parliament from the 6 of Hen. VIII., to the 1st of Queen Eliz. : he died circ. 1559, leaving a Dugdale in his Baronage, p. 748. says he died the 10 Edw. II., but his name appear!" in his Lists of Sum- mons, in the above said 12 Edw. II. '' On a brass plate fi.\ed on an altar tomb in the nave of Audley church, co. Staff., is the following inscription : Icy gist Mons. Thomas D'Audeley Chivaler fra Mons. James D'Audeley, Seign'r de Heleigh de Rouge Chastell »ji moruit Le xxiv. die Januari L'An. de gra' Mo ccclxxxv.^ — qui vit : de qi alme Dieu p' sa pite eit merci. — Amen. Above the inscription, on a distinct brass plate, is the figure of the knight in armour. 102 BARONIA ANGLICA CONCENTBATA. George his son and heir, who was never summoned, nor Henry his son and heir, who died circ. 1564, leaving George his son and heir,which George had summons to parhament from the 8 of 2 Ehz. to the 12 of Jas. I., and was advanced to the title of earl of Castlehaven in Ireland, and died in 1617 ; his son and heir Mervin Tuchet, second earl of Castlehaven, was attainted and beheaded in 1631, having been tried by his peers, and found guilty of divers infamous charges preferred against him, on which occasion his honours were forfeited ; but his son and heir James Tuchet was created baron Audley, and earl of Castlehaven, in Ireland, and restored to the barony forfeited by his father, with remainder to the heirs of his body ; remainder to Martin Tuchet his brother, and the heirs of his body ; remainder to the daughters of his father, and their heirs, by act of parliament, anno 1678, deceasing s.p. in 1684, the said honours devolved upon Martin Tuchet his brother and heir, who died in 1686, leaving James his son and heir, baron Audley, in England, and earl of Castlehaven, in Ire- land ; he died in 1700, and was succeeded by his son and heir James, who deceased in 1 740, leaving two sons, whereof James the eldest was his . successor, but dying in 1769, s.p.: his brother, John Talbot Tuchet became his heir, and was the last of the Tuchet name, baron Audley, and earl of Castlehaven, and departing this life in 1777> s.p., the earldom of Castlehaven became extinct; but the barony of Audley descended to his nephew George Thicknesse, son of his sister EUzabeth Tuchet, by Philip Thicknesse, Esq., her husband, governor of Languard Fort ; which George Thicknesse, on succeeding to the barony of Audley, assumed the name of Tuchet, and dying in 1818, left George John Thicknesse Tuchet, his son and heir, the next baron, father of the present lord Audley. JOHN DE AUDELE.— (6 Edw. III.) DuGDALE, in his Lists of Summons, mentions a John de Audele to have had sum- mons to parliament the 6 Edw. III. ; and on looking into the writ, this name is therein recited, as well as that of James de Audele ; but who this John was, Dugdale, in his his- torical account of the family, has not made the least mention ; — yet the name of this John de Audele is twice repeated in the writs of summons of the 6 Edw. III. ; the first to a parliament at Westminster, the second to a parliament at York. ORIGIN OF NOBILITY. 103 AUDLEY, AND EARL of GLOUCESTER, (11 EDW. II). Hugh de Audley, supposed by Dugdale to be a younger brother to Nicholas, the second of his name. Baron Audley (of Heleigh) was summoned to parliament the 14 Edw. II., as Hugh de Audley, Senr., but his son Hugh had summons in his life time, the 11 Edw. II., as Hugh de Audley, Junr., and had further summons from the 20 Edw. II. to the 10 Edw. III. Having married Margaret, one of the daughters and co-heirs of Gilbert de Clare, earl of Gloucester (relict of Piers de Gavestone), he was created earl of Gloucester in 1337, and by that title afterwards summoned to parliament till his death in 1347, when not having any male issue, Margaret his only daughter became his heir.'' She married Ralph Lord Stafford, and the barony of Audley under the writ of the 11 Edw. II., as also that of the 14 Edw. II. to Hugh de Audley, Senr., merged in the Stafford family, and became forfeited with all the Stafford honours on the attainder of Edward Duke of Buckingham, temp. Hen. VIII. Hugh (le Audeley," brother to Nicholas 1st baron Audeley of Heleigh.=pIsolda, widow of Walter Balun. I 1 I Hugh de Audley, earl of Glou-^Margaretde Clare, widow James de^EvadeClavering, widow of Alice, m. Ralph Ne- cesterju.ux.ob. 21 Edw. III. I of Piers de Gaveston. Audley. I Tho.de Audley of Heleigh. ville, baron of Raby I ' r-^ 1 1 1 Margaret, only daughter and heir.=f:Ralph Lord Stafford. James, s. p.^ Peter, s. p. Anne. Hawyse. Issue vide Stafford. ^'^'^f-' Moruut. Arif^lic, Vol. I.^p. R67, and ffeever's Fun. Man. — Sir James de Audley, and Dame Kve Audley, buried at Langeley Abbey, in the diocese of Norwich. a In an old MS. penes, auct. intltled lord Brudencirs Book (B) cartis do Bogenh'm, in parochia de Horton in Comit de Staff., this Hugh is made son of Adam de Aldithley, brother to Henry, grandfather to the first Nicholas. b James, son of Janiea de Audley, the custody of the castle of Gloucester. — Esc/t. 45 Edw. III., No. I. — l^eener, p. 323. ANGUS.— (25 Edw. I.) This was an earldom created by writ of summons to parliament, the 25 Edward I., in the person of Gilbert de Umfraville, and though the name of a Scotch title, yet the said Gilbert, and his successors, were all summoned to parliament as English earls, and named as such with the other earls of the realm. Gilbert de Umfraville who married Matildis, the daughter and heiress of Malcolm, earl of Angus, in Scotland, was one of the most illustrious among the English barons, as recited by Dugdale,* citing Matthew Paris, and was lord of Herbottil, Prudhoe, &c., in * Bar. Vol. I. the county of Northumberland. He was married in 1243,t and deceased shortly after f'sutherl. in 1245, leaving the countess Matildis (or Maud) surviving, and Gilbert his son and heir ^^^' ^***" of very tender years. This » The earl of Gloucester with Margaret his countess, and their daughter Margaret, as also her husband the lord Stafford, were interred at Tunbridge in Kent. — CJVeever, p. 323.^ 104 BARONIA ANGLICA CONCENTRATA. Gilbert de Umfraville on attaining his majority became a person of very consider- able note, and in the 51 of Hen. III. obtained a grant for a weekly market, and a yearly * Cart. 51. fair at Overton in the county of Rutland, in which grant he is styled earl of Angus,* which was long before he was summoned to parliament by that title ; for he was first summoned in the 22 and 23 of Edw. I. only as a baron, by the name of Gilbert de Um- fraville. However in the 25 of Edw. I., he had summons by the title of earl of Angus, when the English lawyers somewhat startled, at first refused in their brieves and law instruments to acknowledge him as earl by reason Angus was not within the realm of England, until he had openly produced in the face of the court, the king's writ whereby he was summoned by that title, and created an earl in the British peerage. From this time he continued to be summoned till his death, the 1 Edw. II. He married t Douglas the third daughter of Alexander Cumin, earl of Buchan,t and had three sons, viz. Gil- bert the eldest, who died in his lifetime, 31 Edw. I., s,p. ; Robert his successor, and Thomas who was a servant in the court of Edw. I., and to whom he gave lands in Redesdale. Robert de Umfraville, second earl of Angus, was by that title regularly summoned to parliament during his lifetime, and by the rolls of parliament appears to have been present therein. He died about 1325 or 6. He was twice married; his first wife was Lucia (or Lucy) daughter of Philip de Kyme, a great baron in the county of Lincoln, eventually sister and heiress of her brother William de Kyme, by which heiress he had a son Gilbert his successor, and a daughter Elizabeth who married Gilbert de Burdon, (or Barradon). His second wife was Eleanora, who brought him two sons, whereof Robert the eldest t Dugd. Bar. died s.p., Thomas the second son, and a daughter named by DugdaleJ Anora, wife of ' ■ ''■ ' Stephen, son and heir of Sir Richard Waleys. Gilbert de Umfraville, 3rd earl of Angus, succeeded his father, and had summons to Pariiament by that title from the 5 Edw. III. to the 4 Ric. II., being occasionally a trier § Rot. Pari, of petitions. § He married Maud, sister of Anthony de Lucy, and aunt and heir of Joan, daughter of the said Anthony de Lucy; which Maud after his death remarried Henry Perc)', 1 st earl of Northumberland : by her he had a son Robert who predeceased him, and thus not having any surviving issue, Alianore, his niece, became his heir, who was daughter of Elizabeth, his sister, wife of Gilbert Burdon, (or Barroden,) and then wife of Henry Talboys. But she, though his heir of the whole blood, was only heiress to the barony of Kyme, as descended from her grandmother Lucia de Kyme, but was not heiress to the earldom of Angus ; for Gilbert, the last earl, had, as before mentioned, two brothers of the half blood, namely, Sir Robert de Umfraville, the eldest, who died in his lifetime, s.p., and Thomas, which Vol. II. p. 508. Thomas de Umfraville, as his next heir male, in the 4 of Ric. II.,|| doing his homage ORIGIN OF NOBILITY. 105 had livery of the castle of Herbotill, and the manor of Otterburne, which by virtue of a special entail descended to him by the death of earl Gilbert, s.p., but he never had summons to parliament either as earl of Angus, or as a baron, though it must be evident he was as much entitled thereto as his father, or any of his predecessors, and was jure leqitimo, heir thereto.* But he did not long survive his half brother, deceasing 10 Ric. * Hastings . . Nuper. Cor. II. By Joane, daughter of Adam de Rodam, he had two sons, both knights, viz. Sir Dom. Proc. Thomas, and Sir Robert a knight of the garter, temp. Hen. IV., who died in 1436. Sir Thomas de Umfraville had issue a son Gilbert; which Gilbert has been styled earl of Kyme, though on what authority there is no record to show : but it is probable it was an assumption from the tenure of the ancient baronial castle of Kyme, similarly as the Albini's, earls of Sussex called themselves earls of Arundel, from possessing that castle, though there never was any creation of that title. This Gilbert, so styled earl of Kyme, was slain at the battle of Baugy, in France, with the duke of Clarence and others of the English nobility, s.p., leaving his four sis- ters his co-heirs to the earldom of Angus, and barony of UmfraviUe, as is set forth in the table of descent. It must here be observed that his uncle. Sir Robert UmfraviUe, was his next heir male, by virtue of a fine levied the 1 Ric. II., between Gilbert, then earl of Angus, plain- tiff, and John de Habrough Clerk, deforciant: whereby, for want of issue of him, the said earl the castle and manorof Herbotill, and manner of Otterburne, were to devolve to Sir Robert Umfraville, knight, and to the heirs male of his body — remainder to Tliomas, brother of the said Robert, and the heirs male of his body — default thereof to Thomas Umframville son of Joane, daughter of Adam Rodam and the heirs male of his body — with remainder to Robert, son of the said Joane, and the heirs male of his body — and for default of such issue, to the right heirs of the said earl. This Sir Robert dying s. p., the aforesaid castle, &c. came by reason of the said entail, to Walter Talboys, grandson of Alianore, daughter of Elizabeth sister to him the said earl the settler ; which Walter, the 15 Hen. VI., had livery accordingly. t t Rot. Fin. 15 Hen. VI. Gilbert de Umfraville, ob. 29 Hen. lII.^Maud, Countess of Angus. ni. 13. Gilbert, earl of Angus, sum. to pari, as earl, 25 Edw. I., ob. 1 Edw. 11.=^. . , d. of Alexander Cumyn, earl of Bucban. I I Gilbert, ob. vi. pat. Eleanora, (2nd wife) re-=pRobert, Earl of Angus,-pLucie de Kyme, Thomas, Valectus 31 Edw. I. s.p. marr. Roger Mauduit. | ob. circ. 18 Edw. II. j (1st wife) Regis 34 Edw. I. I I . I 1 1 I I Robert, Thomas, ob.T=Joane, dau. of Annora, marr. Gilbert, Earl of An— pMatilda Elizabeth, marr. s.p. 10 Rich. II. j Adam Rodam. Stephen Waleys gus, ob. 4 Rich. II. j de Lucy. Gilbert Burdon. J I 1 _ I I — Sir Thomas.=p.. .. Sir Robert, K. G., ob. 1436, s.p, Robert, ob. vi. pat. s.p.* Alianore, m. Hen. Talboys. I ' 1 1 1 1 ' 1 Gilbert, styled Earl of Eliza- Joanna, mar. Sir Margareta, mar. Agnes, marr. Walter Talboys, Kyme, ob. 9 Hen. V., s.p. beth. Thos. Lamberd. Wm. Lodington. Thos. Hagerston. 15 Hen. VI. Vincent in his Corrections of Ralph Brooke, says that Sir Thomas UmfraviUe, father of Gilbert, had also five daughters, married to Elmedon, Either, Lambert, Lodington, and Haggerston. a According to Douglas, he married Margaret, daughter of Henry, Lord Percy, who, after his death, married William de Ferrers. VOL. I. P 106 BARONIA. ANGLICA CONCENTRATA. AP ADAM.— (25 Edw. I.) John Ap Adam having married Elizabeth daughter and heir of John de Goumey, baron of Beverston, in com. Gloucester, had livery of her lands the 19 Edw. I. ; and the 25 of the same reign had summons to parliament ; as also in the 27 and in the various other parliaments to the 3 of Edw. II. In the 29 of Edw. I. he was one of the barons, who, in the parliament at Lincoln, subscribed the letter to the Pope, — on which occasion he was designated — " John Ap Adam dominus de Beverston." He was also one of the barons summoned to attend the coronation of Edw. the II., shortly after when, he died circ. 3 Edw. II., leaving Thomas Ap Adam his son and heir, then in minority ; which Thomas Ap Adam never had the hke summons, but is said to have sold the castle and manor of Beverston to Thomas de Berkeley and Margaret his wife, and their heirs, whereby, having dispossessed himself of his baronial estate, he was no longer considered of baronial dignity : yet if the writs of summons of his father, his being present in the parliament at Lincoln, and being summoned also to attend the coronation of Edw. the II., be deemed to have created, and recognised in him a baronial peerage descendable in his blood, the heir general who may be representative of him at the present day, must be intitled thereto, notwithstanding the alienation of Beverston, and the length of time which has since elapsed. The posterity of this Thomas continued long after his decease, and subsequently dropped the Ap from their name. §Vol. ii.,p. 5. Fosbrooke in his history of Gloucestershire,* says John Ap Adam had lands in Redwiche and Northwiche, part of which descended to John Ap Adam, who died the 3 of Hen. VI., leaving his sister and heir Elizabeth mother of John Huntley. ARCHDEKNE.— (14 Edw. II.) Thomas le Archdekne, in the 35 Edw. I., was of Shepestall in the county of Cornwall, and the 6 Edw. II., governor of the castle of Tintaget. He had summons to parliament from the 14 to 18 Edw. II., both inclusive ; and by Elizabeth, or Alice his wife, daughter * Vide De la to Thomas de la Roche, a baron of parliament,* had issue John his son and heir, which °'^ *■ John le Archdekne was in the wars of France, temp. Edw. III., in the 16th of whose reign he had summons to a great council to be holden at Westminster, his name being included amongst those of the earls and other barons then convened ; but he never after had the like summons. He married Cecily daughter and heir to Sir Jordan Fitz- t Discov. of Stephen, of Haccombe, knight, according to Dugdale ; but Ralph Brooke saysf that the iTors, p. . fj^mij^gg Qf Fitz-Stephen and Haccombe were several, and bore different arms ; and that ORIGIN OF NOBILITY. 107 Fitz-Stephen was always settled at Norton, in com. Devon ; but that there was one Stephen de Haccombe who there dwelt : by the said Cecily John le Archdekne had issue a son, Warine le Archdekne. He never had summons to parliament. His wife was Eliz- abeth, one of the sisters and co-heirs of John Talbot, of Richards Castle,* by which Eliz- * Vide Talbot abeth he had three daughters his co-heirs, viz. : Alianor, who was was wife of Walter de Lucie, and had issue ; Philippa, who married Hugh Courtenay ; and Margaret, who wedded Thomas Arundel. Thomas Le Archdekne, sum. to pari. 14 Edw. II.T=EUzabeth, (or Alice) daughter of Thomas De la Roche John, son and heir. ^Cecily Fitz-Stephen, or De Haccombe. Warine, son and heir.=pElizabeth, sister and co-heir of John Talbot, of Richards Castle. I 1 1 Alianor, daughter^f^Walter PhUippa, daughter^Hugh Courtney, brother Margaret, married and co-heir. | de Lucie. and co-heir. | to Edward, earl of Devon. Thomas Arundel. I H 1 I — ' , 1 William, Alianor, mar. Maud, mar. Edward, Sir Nicholas-pJane, or-j-Robert De Eliza- s.p. Thos. Hopton. Thos. Vaux. died young. Carew,Lhus. | Isabel,^ I Vere,2.hus. beth. Thomas, son and heir.=pjane, daughter and co-heir of John Carminow. I Nicholas.=pMary, sister and co-heir to John, Lord Dinham. I -" Edmund.=pCatharine, daughter of Sir William Huddersfield. I n 1 1 William. ^Catharine, daughter of Sir Charles. George, father of George, Other I William Courtney, (Vincent)b John.s.p. earl of Totness. issue. I ' ^ 1 1 George, drowned Philip, slain Peter, died CecUia.=pThomas Kirkham, at Portsmouth. by the Turks. in Ireland. j of Blagdon. I 1 1 1 1 1 Henry. William. Richard. Edward. George. Thomasine.T=Thomas Southcote, of Bovey Tracy. a Visitation co Devon, per Henry St. George, 1630, but called Joan by Vincent. 1^ Called Johanna, daughter of Hugh Courtney, by Henry St. George. ARGENTINE.— (25 Edw. I.) Reginald de Argentine was summoned to Parliament the 25 Edw. I., but never after, nor any of his descendants. His ancestor Reginald de Argentine is said to have married the daughter and heir of Fitz Tek, and thereby to have acquired the manor of Wymon- dele in Cambridgeshire, holden in capite by grand serjeanty, viz., "to serve the king on his coronation day with a silver cup." By the heir general this manor came in mar- riage from the Argentines to William Alington, temp. Edw. IV., by virtue whereof Giles lord Alington, the descendant of the said William, claimed at the coronation of king Jas. II. to serve his majesty with a silver cup ; which claim was admitted, and the service 108 BABONIA ANGLICA CONCENTKATA. performed by Hildebrand Alington his uncle, by reason of the minority of the said lord, on which occasion the silver cup and cover, allowed, were curiously enchased, and giltj of the weight of thirty-two ounces. The present earl Howe is believed to be one of the heirs general of the two families of Argentine, and Alington, being descended from Johanna, daughter of William the first lord Alington, by his second wife ; who by his third wife had also two daughters, viz : Diana, married to Sir George Warburton, bart., of Arley in Cheshire ; and Catha- rine, who married Sir Nathaniel Napier, bart., of Middlemersh Hall, in the county of Dorset — co-heirs with their sister Johanna, who was wife of Scroope Viscount Howe. Sir George Warburton left an only daughter, Diana, his heir, who was second wife to Sir Richard Grosvenor, bart., who performed the service of the manor of Wymondele, at the coronation of king George H., and died s.p., by the said Diana Warburton. ASTLEY.— (23 Edw. I.) Andreas or Andrew de Astley, great grandson of Thomas de Astley,^ married Maud, one of the sisters and co-heirs of Roger de CamviUe of Creek, and Grandaughter of Richard de CamviUe, founder of Combe Abbey, had summons to parliament from the 23 to the 34 of Edw. I., at least his name appears in the writs to that year inclusive, though Dugdale in his Baronage states that he died the 29 Edw. I., (citing the Escheat Roll of * Esch. 29 that year),* and that he left Nicholas his son and heir set. twenty-four, which Nicholas has his name mentioned in the writ of summons to a parliament to be holden at London the 30 Edw. I., and again in another writ of the same year for another parliament to be holden at London, in which last writ the name of Andreas or Andrew, his father, is also mentioned ; but from that year till the 2 Edw. IL his name is not con- tained in any of the writs excepting those of the 2 and 3 Edw. IL : when he died is uncertain, some accounts stating that he was taken prisoner, and others that he was slain in the battle of Bannockburn. Not having any issue he was succeeded by his nephew, Thomas de Astley, son of his younger brother Giles. This Thomas was not imme- diately upon his succesion, summoned to parliament, his first writ being the 16 Edw. HL He was again summoned the 22 and 23 Edw. HI., but never afterwards, though he did not die till about the 33rd of that reign. William his son and heir was never summoned, and died temp. Hen. VL, leaving an only daughter and heiress Joane, married first to Thomas Raleigh, of Farnborough in * Dugdale says that the name was taken from the manor of Astley in com. Warw., which was holden by his an- cestor, of William, then Earl of Warwick, (temp. Hen. II.) by the service of laying hands on Ihe earl't stirrup when he did get upon or alight from horseback. ORIGIN OF NOBILITY. 109 com. Warwick, by whom she had not any issue, and second to Reginald lord Grey of RuthjTi, to whom she was second wife, and had issue by him a son Edward, who was afterwards summoned to parhament as lord Grey of Groby, with which barony that of Astley (if it may be deemed one, there not being any proof of a sitting) became coalesced, and descended to Henry Grey, duke of Suffolk, who was attainted in 1554, and all his honours forfeited, as under the article of Grey of Groby is hereafter shown. From Thomas, father of Andrew first lord Astley, by Edith his second wife, daugh- ter of Peter Constable of Melton in the county of Norfolk, is descended Sir Jacob Astley, bart., of Melton Constable, who has recently made good his claim to the ancient barony of Hastings, and been summoned to parliament accordingly. ATON.— (18 Edw. II.) William de Axon in the 24 Edw. I., had summons to attend a great council to be holden at Newcastle-upon-Tyne ; but this does not appear to have been to a parliament. His son. Gilbert de Aton, in the 9 of Edw. II., was found to be heir of William de Vesci senr., viz.: Son of William, brother of Gilbert, who died s.p., son of William, son of Margery, daughter and heir of Warine de Vesci, brother of Eustace, father of WiUiam, Father of John and William, (called William de Vesci, of Kildare,) who died without legitimate issue. This Gilbert de Aton had summons to parliament the 18 Edw. XL' and the 1 and 16 Edw. III. WiUiam de Aton his son, according to Dugdale, had the like summons the 44 Edw. III., but no more. By Isabel his wife, daughter of Henry lord Percy, he had a son WiUiam, who died in his lifetime ; and three daughters who became his co-heirs : of these, Anastasia married Edward de St. John ; Catherine, Sir Ralph de Eure ; and Eliz- abeth first William Playz, second John Coniers ; the representatives of which co-heirs were in 1828, Edward lord de Clifibrd, James Brownlow, WiUiam, Gascoigne, the mar- quess of Salisbury, John Gower, esq., and IsabeUa countess dowager of Egmont, descended from Anastasia the eldest daughter; Sir William Strickland, bart., from Cath- erine ; and Thomas Stonor, esq., from EUzabeth. The writ of summons whereby he was first summoned, appears like others to have, been personal, and as such, it is questionable whether it was in consequence of being he ir to de Vesci, or as a creation of baron de Aton. Alnwick, the old barony of de Vesci, had been alienated when Aton became heir to the famUy. 110 BAKONIA ANGLICA CONCENTRATA. ATHOL.— (15 Edw. II.) This is the name of a Scotch earldom, which having been acquired by the marriage of David de Hastings, an Enghshman, with Fernelith countess of Athol, third daughter and * Rymer's at length sole heiress of earl Henrv, the said David had the title,* but died in the cru- Foed. Vol. I. ^ . „ 428.— D. sade, under Lewis the IX., at Tunis, anno, 1269.^ They had issue one daughter, Auda Countess of Athol, married to John de Strathbogie, who in her right became eighth earl of AthoP; and died about the year 1283-4, having had issue a son David, which David de Strathbogie having married Isabel one of the co-heiresses of Richard de t Dug. Bar. Chilham, of Chilham Castle, in Kent, by Roese de Dover, his wife,t acquired great pos- sessions in England, and died not long after his father, leaving Isabel his wife surviving, (who re-married Alexander de Baliol, brother to John king of Scotland,) and John his son and heir ; which John de Strathbogie (10 earl of Athol in Scotland) having sworn fealty to Edw. I., nevertheless espoused the cause of Robert de Bruce, and assisted at his coro- nation at Scone. Hereby he brought on him the great wrath of king Edward, and having been taken prisoner, he was condemned to death at Westminster, the 7 Nov. 1306, and executed the same day, upon a gallows thirty feet higher than ordinary. His earldom was forfeited, and given to Ralph de Monthermer, then bearing the title of earl of Gloucester ; but Monthermer, in consideration of five thousand marks, afterwards resigned the same in favour of David, son and heir of earl John, who obtained the king's confirmation to him and his heirs. David earl of Athol, thus reinstated, was first summoned to the English parliament the 15 Edw. II., as earl of Athol, and his name inserted among the earls, before all the barons. As a Scotch earl he could have no right to sit in the parliament of England ; and in Scotland all his honours and estates had been forfeited by Bruce. Under this view of the case, it must be considered that the writ of summons created him an English earl, and the earldom descendable like all titles so created. From the 15 to the 20 Edw. II., his name appears in all the writs of summons, with the distinction of earl of Athol. He married Joane daughter of John Cumyn, of Badenach, (killed by Bruce at Dumfries, in 1306,) sister and co-heir of John Cumyn, of Badenach, cousin and one of the heirs ' Fernelith Countess of Athol made a grant to the abbey of Cupar, ' ' pro salute animse suae et auimse domini de Hastings quondam viri mei, comitis Atholise." — (Sutherland Add. Case v. 9.J *' Duncan 6th earl of Fife, his Grandfather having obtained the lands of Strathbogie from King William, the Lyon of Scotland, settled them on bis 3rd son David, who assumed his name therefrom, and was father of the said John de Srathbogie. — (Ibid.) ORIGIN OF NOBILITY. HI of Adomare de Valence, earl of Pembroke. He died 20 Edw. II., and was succeeded by his son and heir David, second earl of Athol, of the English creation, who by that title was summoned to the parliaments of the 4, 5, 6, 7? and 8 of Edw. III. ; and was slain in Scotland the following year, 30 Nov. 1335, in the twenty-eighth year of his age. He married Cathe- rine,'' daughter of Henry lord Beaumont, and earl of Buchan, by which lady, who survived him, he left David, third earl of Athol his only son and heir, then three years of age ; which David was summoned to parliament as earl of Athol, in the 35, 39, 42, and 43 of Edw. III., in which year he deceased set. forty-three. His countess was Elizabeth, daughter of Henry lord Ferrers, of Groby,*" by whom he left issue two daughter his co-heirs, then in minority, viz. : Elizabeth, eet. sixteen, who married, first. Sir Thomas Percy, and secondly. Sir John Scrope ; and Philippa, set , who married, first, Sir Ralph Percy, and secondly, John Halsham, esq. : in the co-heirs general of which daughters, the earl- dom of Athol is presumed to be vested, and now in abeyance. Sir William Dugdale states,* that David de Strathbogie was summoned as a baron, * Dug. Bar. but in all the writs where the name is mentioned, it is constantly David de Strathbogie earl of Athol. ATHOL PEDIGREE. David de Hastings, earl of Athol^Femelith, countess of Athol, daughter and at length jure uxoris, ob. anno 1269. I sole heir of Henry, earl of Athol in Scotland. Auda, sole daughter and heir, countess of Athol. =yJ°^° ^^ Strathbogie, earl of Athol jure uxoris. I ' David de Strathbogie, earl of Athol.=pIsabel de Chilham, , I John, earl of Athol. -p I David, earl of Athol. -pJoan Cumyn. I 1 ^ David, earl of Athol.-pCatherine Beaumont. William. Adomare de Athol, lord of Felton, co. Northumb.=7=. . . . I — 1 , ' David, earl of-j-Elizabeth Ferrers Mary married Robert de Insula, called Isabel married Sir Ralph Athol. I de Groby. Lisle of Felton. de Eure. I < 1 SirThomas Percy, -pElizabeth, eldest daughter=Sir Henry Scrope, Sir Ralph Percy, =PhUippa,=^John Halsham, 1st husband. j and co-heir. 2nd husband. 1st husband. d. & coh. | esq,.'> 2nd bus. H r J Henry Percy died in Spain. -pElizabeth Sir Richard Halsham. Elizabeth, dau. & co-heir, mar. Thomas Burgh, esq. Margaret, dau. & co-heir mar. Joan, wife of John Lewk- a quo Lord Burgh, or Borough of Gainsborough. Heni'y, Lord Grey, of Codnore. nor, esq. of Sussex. * Vincent says she married a third husband Kobert de Thorley. — CFiticenVs Correctioiu of B. Brook J. ^ Dugdale calls him a knight, the tombstone inscription at West Greested shews the contrary, viz ; — Hie jacet Philippa quondam uxor Johanis Halsham, Armigeri, etiam filiarura et hEeredum Davidis de Strabolgy nuper comitis de Athol qui obiit primo die Novem- bris A.D. 1395. " This lady surviving her husband is named in the writ of summons, 35 Edw. Ill, as countess of Athol,, being then required with the other ladies therein summoned to furnish her quota for the affairs of Ireland. (Dugdale's Sum. 35 Edw. III). ' She was buried at Ashford in Kent with this inscription ; " Icy giste Elizabeth Counte d' Athols le file Seig- neur de Ferrers que dieu assoit que mourustlexxii. jour d'OctoberL'ande grace 1375". — (Weaver's Fun. MonumJ. 112 BARONIA. ANGLICA CONCENTRATA. BADLESMERE.— (3 Edw. II.) GuNCELiNE DE Badlesmere was chief-justice of Chester, temp. Edw. I. He was seised of the manor of Badlesmere, holden of the king in capite, as of the barony of Crevequer. He married Margaret, daughter and heir to Thomas Fitz-Bernard, (or Bar- * Vide vol. n. nard,) the baron.* Bartholomew Badlesmere, his son, was summoned to parliament from the 3 to the 14 of Edw. II. ; but being in the insurrection of Thomas earl of Lancaster, he was taken prisoner, and afterwards executed, anno 1321. He married Margaret daughter and co- heir of Thomas, third son of Thomas, second son of Richard de Clare earl of Gloucester, by whom he had four daughters, and a son Giles, which Giles de Badlesmere had summons to parliament from the 9 to the 12 of Edw. III., when he died s.p., leaving his four sisters his co-heirs, viz : Margery, married to William de Roos, set. thirty-two ; Maud, set. twenty-eight, first married to Robert Fitz-Pain, s.p., and secondly to John de Vere, earl of Oxford ; Elizabeth, set. twenty-five, married, first, to Edmund Mortimer de Wigmore, and after to William de Bohun, earl of Northampton ; and Margaret, set. twenty-three, wife of John de Tiptoft ; which co-heirs divided the great inheritance. As to the barony, it is questionable whether it was not forfeited in the person of Bartholomew, the father of Giles de Badlesmere ; and if so, the co-heirs could not derive any baronial interest from the summons to parliament of their brother. The co-heirs of Margery the eldest sister, are represented in chief, by the present lord de Roos, the earl of Essex, and Sir — Hunloke, hart. The representatives of Maud the second sister, are very numerous, as derived from the three sisters and co-heirs of * Vide John de Vere, earl of Oxford, who died s.p., temp Hen. VIII.* The line of Elizabeth the a liner. third sister merged in the crown, on the accession of Edw. IV., through the heir of Edmund Mortimer : and the issue of Margaret, the fourth sister, wife of Tiptoft, was a son Rob- ert, who left three daughters his co-heirs, viz.: Margaret, who married Roger lord Scrope of Bolton, whose heir lately was Charles Jones, esq., a captain in the first dragoon guards, but now deceased ; Milicent, the second daughter, married Stephen le Scrope ; whose heiress married Mr. Powlett Thompson, who, in 1821, took, the name of Scrope ; Eliz- abeth, the youngest daughter, married Philip le Despenser, and is represented by the present baroness Wentworth, and Ann Isabella, lady Byron, The title of Badlesmere was for a long time used by the earls of Oxford, but there never was any determination of the abeyance, if it ever was a barony descendable to heirs general. BARDOLF.— (27 Edw. I.) DouN Bardolf married Beatrix, daughter and heir of William de Warren, and with BARONIA ANGLICA CONCENTRATA. 113 her acquired the barony of Wirmegay in Norfolk, of which (in the 29 Edw. I.) his great- grandson, Hugh Bardolf, is denominated dominus de Wirmegay in the letter subscribed by the barons in the parliament at Lincoln, addressed to the pope. The said Hugh Bardolf was first summoned the 22 Edw. I., and afterwards from the 27 to the 30 Edw. I. John Bardolf, grandson of Hugh, and the third baron by writ, had summons from the 9 to the 37 Edw. III., and in the latter writs with the addition of Wirmegay. He married Isabel or Elizabeth, daughter and heir of Roger d'Amorie, a great baron, and also baron of Armoy, in Ireland." William, his son, and Thomas his grandson, were also simi- larly summoned during their lives, and with the additament of de Wirmegay. But this last baron Thomas being attainted and executed, his honours became forfeited. He had issue two daughters, whereof Anne married, first. Sir William Cliiford, and secondly Sir Regi- nald Cobham, and Joan was the wife of Sir William Phelip, K.G., who, temp. Hen. VI. was styled* lord Bardolf, but he never was summoned to parliament, nor is there any * Vide Cat. of record of his creation by letters patent, nor any act of the reversal of the attainder of „_ 295 296 Thomas, lord Bardolf. The heirs-general of these two daughters would be intitled to ^*'^- the barony, if this impediment did not interfere. Sir William Phelip had issue a daugh- ter and heir, Elizabeth, wife of John, Viscount Beaumont, whose heirs-general are, the lately allowed baron Beaumont, and the earl of Abingdon. BALIOL.— (28 Edw. I.) Alexander Baliol, brother to John king of Scotland, married Isabel, daughter of Richard de Chilham and widow of David de Strabolgi, earl of Athol. He had sum- mons to parliament from the 28 to the 35 Edw. I. He was one of the barons who had summons to the parliament at Lincoln, the 29 Edw. I., but did not subscribe their names, nor seals to the letter, then addressed to the Pope, touching the supremacy of England over the realm of Scotland. His death was circ. 5 Edw. II.,t when not having any . ^^^^ ^ ^, issue, his barony (if any was created by the several writs of summons) became extinct.'' H- In order to reconcile the previous account of this family, once so eminent in point of rank, of which Dugdale has made no just connection, the following table of descent from the MSS. of the late J. C. Brooke, Esq., (in the College of Arms,) is submitted as a more accurate and elucidatory statement of the respective branches. ' She is called by Dugdale, v. i., p. 682, Elizabeth, and at p. 475, Isabel. '' Among those who were summoned to attend the coronation of Edw. II., (Coron. Rot. 1- Edw. II.), mention is made, viz. : Thomm de Bailliol et cons sue. He is represented as of Kent, but no name of any Thomas has place in the Baliol Pedigrees. He might be a natural son of Alexander, who was of Chilham Castle, Kent, jure uxoris. VOL. I. a 114 BARONIA ANGLICA CONCEN A RATA. Wido Baliol, of Stokesley and Bywell, temp. William Rufus.^. r I 1 1 Guy Baliol, Bemard,=j= Hawise, mar. Joceline, brother to Bernard, had issue Ingelram, father married 7 king William Ber- of Eustace, who, by Agnes Percy had Ingelram Baliol, Dionisia .... Stephen, j tram. of Tours, who died s. p. Esch. 27 Edw. I. I I Bemard.^Agnes Pincheni. I 1 I 1 1 1 Henry, married Lora, co-heir Ingelram, Bernard, Hugh, brother and heir to-p. . Eustace, s. and h. mar. there- to Christian de Mandeville, Mon. visit. 13 Eustace, temp, king John I . . lict of Rob. Fitz-Piers, vi.x. 1 obut 30 Hen. III.» Angl. John. and 4 Hen. III. | Job. Pip. Rot. 2 Ric. I. I I I I I John. ob.=pDervorguil, dau. & Ada, had Stokesley by gift of her Eustace. Claus. — Helewise Bernard, a priest, 53. [Hen. ~ ' ' " ' ' " ' III. co-heir of Alan de father, & mar. JohndeClavering, 1. Edw. I. m, de parson of Gains- Galloway, ob. 35 Hen. III. Esch.n.Zl. 10. Levington. ford, co. Durham. I 1 1 1 n — I — I Hugh, married Agnes de Valence, John Baliol, Alexander mar. 1st Alan, Margaret. — Multon. Fin. 53 Hen. Ill, m. 13. Claus. king of Isabel de Chilham, s. p. Ada. =William de Lindsey. il Hen. III. m. Z. Obiit 56 Scots. 2nd, Eleanor de Ge- Cecilia. =John de Burgh. Hen. III.'' noise. Inq.Sb Edw. I. Mary. =John Comyn de Badenach. ' Parkins, in his Topography of Freebridge, county of Norfolk, p. 50, states, that this Henry, by Lora, his wife, had a son Alexander, living 56 Hen. III. ; as also a son, Guy Baliol. ^ Chauncey, in his History of Hertfordshire, says this Hugh had a son Alexander, who claimed the manor of Box, as is shown by Quo Warranto, 6 Edw. I., Rot. 37. in Curia Scacc. He died in the 7 Edw. I. s. p. Evidences.— Vt. 101, 123, 2, 30. B. B. — , 30. C. 13, 210. Deeds concerning Baliol and Stokesley. BASSET OF Drayton.— (49 Hen. III. & 22 Edw. I.) The first of this line was Ralph, second son of Richard Basset, and Maud daughter of Geoifrey Ridell, his wife. His son Ralph Basset of Drayton, in com. Staiford, had issue Ralph Basset, summoned to parliament 49 Hen. III. ; and slain after at the battle of Evesham; whose son, another Ralph, had summons the 22 Edw. I.," to attend the king at Portsmouth, and the 23 and 27 Edw, I., as Ralph Basset de Drayton, was summoned to parliament. Ralph Basset his son and heir was summoned to parliament from the 28 Edw. I., to the 16 Edw. III., inclusive ; and was summoned to the coronation of Edw. II. Ralph Basset, grandson and heir, {i. e., son of Ralph, eldest son of the last baron, and who died vi. pat.,) had also summons from the 31 Edw. III., to the 13 Ric. II., inclusive, and died the year following, s. p., leaving, according to some authorities, Thomas earl of Stafford, great grandson of Margaret Basset, sister of his grandfather, his heir ; and by another inquisition, the said earl of Stafford, and Alice wife of William Chaworth descended from Maud, sister of the said Margaret, his co-heirs. But notwith- standing these two inquisitions. Sir Hugh Shirley, son and heir of Sir Thomas Shirley, " Though no place is mentioned in this writ, where the barons should meet, yet a parliament was holden at Westminster in the said year ; and there is not any other writ of summons upon record showing that the said parlia- ment was convened by a subsequent one. — (Vide Pari. Rot. v. i.J ORIGIN OF NOBILITY. 115 by Isabel Basset, reputed to have been the sister of the last baron, is by some writers said to have been his nephew and heir : but on this point there seems great doubt, — for had she lieen legitimate, the two inquisitions can hardly be supposed to have been both erroneous, and not to have noticed her. It is, however, also said that the said Isabel was daughter of the baron's father, by a second wife : — which if so, manifests she was legitimate, and heir to the barony, though the StafFords and Chaworth being of the whole blood, might be heirs to the estate The present marquess of Townshend, and the duke of Buckingham, are the co-heirs of the said Isabel Basset. BASSET OF DRAYTON. Ralph Basset, sum. to pari. 49 Hen. III., slain at Evesham, 1265 .^Margaret, widow of Urian St. Piere. Ralph Basset, summoned 22 Edw. I., obiit 1299 =T=Joane, daughter of De Grey of Wilton. I 1 1 Ralph, ob.-pJoane, daughter of Thomas Beauchamp, Maigaret, married Edmund Maud, mar. William 1343. I earl of Warwick. baron Stafford. -| de Heriz.-, r- 1 I ' r J Ralph, ob. vit. pat. 1323-i-Ahce, dau. of Nicholas BaroD Audley. Ralph.-| Joan, dau. & heir mar. Jordan le Bret.-, I ^ 1 , ' n I I Ralph, last lord Basset, ob. 1390, s. p.* Isabel," married Sir Thomas Shirley. Hugh.-, Sir Roger le Bret.-i I • ' I ' Thomas, earl of Stafford. Sir John le Bret.-, I Catharine, married John de Caltoft, miles. -j Alice, daughter and heir, married Sir William Chaworth. — ( Vide Chaworth.) * By his will dated 16 January, the 13Ric. 11., he gave certain manors and lands to Sir Hugh Shirley, styled his nephew, and to the heirs male of his body, on condition of bearing his name and arms ; default thereof, to other persons mentioned therein, on the same conditions. b She is said to have been sister of the half blood to lord Basset, i.e., daughter of his father by another wife : but Glover express- Iv calls her soror naturalis. BASSET OF Sapcoate.— (49 Hen. III. & 22 Edw. I.) William Basset, third son of Richard and Maud Ridell, was the founder of this house. His great-grandson, Ralph Basset^ was summoned to the parliament of the 49 Hen. III., with the addition of de Sapcoate, as his eldest brotherRa Iph was to the same parliament, by the distinction of de Drayton. He married Elizabeth daughter of Roger, and one of the sisters and co-heirs of Robert lord Colvile, and had issue, Simon Basset his son and heir, who was summoned to Portsmouth the 22 Edw. I., and had issue Ralph Basset, his son and heir, who the 44 and 46 Edw. III. had summons to parliament as Ralph Basset de Sapcoate, but never after. He died the 2 Ric. II., leaving issue by Sybil his first wife, Alice, who married Sir Robert Moton ; and by Alice his second wife, a daughter Elizabeth, who married Richard de Grey, of Codnore, his daugh- ters and co-heirs. lie BARONIA ANGLICA CONCENTRATA. Reginald Moton, great grandson of Sir Robert, had two daughters, his co-heirs ; whereof Anne married William Grimsby, whose daughter and heir Anne married Rich- ard Vincent of Massingham, co. Line, father of George Vincent of Peckleton, great- grandfather of Marmaduke Vincent of Smeton in Yorkshire, who died s. p. m., leaving only female issue ; whereof, Mary one of his daughters and co-heirs, married Joseph, second son of Sir Edward Peyton of Isleham, bart., by his third wife, and had a son Vincent Peyton. Elizabeth, the other daughter and co-heir of Reginald Moton, married Ralph Pole of Radborne, in com. Derby, Esq., whose heir male is the present Edward Sacheverell Chandos Pole, esq., of Radborne ; but whose heir general is the representa- tive in the female line, of Francis, eldest great-grandson of the said Ralph Pole. In these co-heirs are combined the baronies of Basset of Sapcoate, and Colvile of Castle Bytham. The estates of Sapcoate and Castle Bytham were long possessed by the an- cestors of Mr. Pole, but sold by them about a century ago. BASSET, OF Weldon.— (25 Edw. I.) Sir William Dugdale, in his Baronage, (p. 378,) says that Richard Basset, by Maud RideU, his wife, had issue, Geoffery, surnamed Ridell, whose son Richard, re-assuming the name of Basset, seated himself at Weldon ; yet, in his Usage of Arms, (p. 20), he writes that Richard was the second son, to whom Maud Ridell, his mother, gave the barony of Weldon. It would therefore rather seem that Richard Basset and Maud Ridell had four sons, viz. Geoffery the Troubadour, who took the name of Ridell; Richard of Weldon ; Ralph of Drayton ; and William of Sapcoate, — but this matters not at the present day ; it may suffice to say, that descended from Richard of Weldon, was Richard Basset, the first of this line, who in the 25 and 27 Edw. I. had summons to parliament, but neither he nor any of his descendants were ever after summoned, though Ralph his son and heir had summons the 1 Edw. III. to be at Newcastle, cum equis et armis : a further account of the family is therefore unnecessary, it not being considered among the barons of the realm ; though if the two summonses were regular ones, and a sitting could be proved under either, a descendable barony would be vested in his heirs, i. e. of his body. — (Vide Resolution of the lords on the Clifton case.) These heirs in in such respect, would be the issue general of his granddaughters, viz. Joan and Alianore, daughters of his son Ralph, whose grandson Richard Basset, dying s.p. the 10 Hen. IV., Sir John Aylesbury, knt., son of Joan, and John Knyvett, son of Alianore, the sisters of Ralph, the father of Ralph, father of the said Richard were found his cousens and heirs. The issue of Sir John Aylesbury was Sir Thomas, who had two daughters, co-heirs, ORIGIN OP NOBILITY. 117 viz., Isabel, wife of Sir Thomas Chaworth (ancestor to Sir George of Wiverton, co. Not- ingham); and Eleanor, who married Humphrey Stafford, of Grafton. For the heirs of Knyvett, vide Knyvett and Clifton. BAVENT.— (6 Edw. II.) DuGDALE in his account of this family is very brief, and merely states that Robert Ba- vent in the 30 Edw. I., had licence for a weekly market at Marom in com. Lincoln, as also free-warren for his demesne lands at Billesby and Miceby in the same county ; and had summons to parliament the 6 and 7 Edw. II., to whom succeeded Thomas Bavent, who the 4 Edw. III. obtained a hcence for a weekly market at Eston Bavent, in Suffolk, whose successor was Peter, who dying the 44 Edw III., left Eleanor and Cecily, his daughters and heirs,* who had livery of their lands, their homage * Origin. 44 Edw. Ill, Rot. being respited. 2, Line. Thus far according to Dugdale in his Baronage, t but on referring to the writs of +*Dug° Bar. summons for the 6 and 7 Edw. II., the name of Robert Bavent is not in them, nor is it ^o'- "•> P- ^*- mentioned at all in his Index to his Lists of Summons : on the contrary, the name of Roger Bavent is alone inserted, and that in the 6, 7? 8, 9, 10, 11, 12, 13, 14, and 15 Edw. II. ; and if it be the same Roger, it is again in the writs of the 6, 7} and 8 Edw. III. A pedigree penes auctore, recites, viz : — Adam de Bavent married the daughter and heir of WilHam de Westoneston, or Wis- ton, and had issue another Adam, lord of the manor of Clapkin, and of other manors in Sussex, temp. Edw. I., which last Adam Bavent married Alice, daughter and heir of Peter Escudamore (son of Maud, wife of GeofFery Escudamore, one of the aunts of John the last lord Gilford, of Brimsfield), and had issue Roger Bavent, who by Lettice his wife had another Roger, who by Hawyse his \vife had John his son and heir, living the 22 Edw. III., who djnng s.p., left Eleanor his sister and heir ; which Eleanor married William de Braose, and had issue Peter, ^ to whom Edw. the III. confirmed the manor of Wiston in Sussex, and Wedenshall in com. Buckingham — which Peter had John de Braose, whose wife was Margaret, daughter of ' Grant to Peter de Brews and Joan his wile, in tail general, of Westneston (or Wiston), See; remainder to Peter son of Thomas de Bavent, knight, in tail male ; remainder to Peter de Brews, in fee. — (Hot. Pat. 31 Edw. III. m. i. pars. 3.J Roger Bavent made a grant to the king in fee of divers lands in the counties of Dors., Wilts., Kent, Suss., Sufi", and elsewhere in England and Wales.— fi?o<. Pat. 20 Edw. III., m. 29, pars. 2.J Roger Bavent enfeoffed Roger his son, and Hawyse hia wife, of Fifhyde, &c — (Esck. 22 Edw. IIJ., No. 21. Second Nos.J 118 BARONIA ANGLICA CONCENTRATA. Thomas Poynings, lord St. John ; but this John Braose died s. p. 5 Hen. VI., lea'vang Beatrice his sister and heir, set. 60, who married Hugh Shirley, of Etingdon, and of Shirley, in com. Warwick and Derby. The several pedigrees of this family are so variant from each other, that to endea- vour to reconcile them with the records, would be an almost indefinite task, unless for any one who in the character of heir general, may conceive a baronial claim to be deriv- able under, and by virtue of the writs of summons before cited. Two pedigrees have been here given, the following forms a third, differing from the other two. William Bavent of Billesby, co. Line, ob 37 Hen. 111., Esch. No. 18. — (Vincent 6 quid, non.p. 152 J John,* ob. 18 Edw. I., Esch. No. 34. Robert, ob. 12 Edw. II., Esch. No. 22. I Robert, ob. 14 Edw. II., Esch. No. 30. I 1 1 John. Peter.^. . . . Catherine. .\Uanor, married Marmaduke Lumley. Elizabeth, married William Chamberlain of Edlington. • Named Jollan in Esch. 18 Edw. I. BEAUCHAMP, of Abergavenny.— (16 Ric. II.) William Beauchamp, fourth son of Thomas, earl of Warwick, by Katherine, daughter of Roger Mortimer, earl of March, and sister to Agnes, wife of Laurence Hastings, earl of Pembroke, baron of Bergavenny, having acquired the possession of that castle, after the death of the said earl, was summoned to parliament the 16 Ric. II., by writ directed " Willielmo Beauchamp de Bergavenny" as under the article of Abergavenny, has been *Vid.Abergav. ali^eady noticed.* BEAUCHAMP, of Bletshoe.— (37 Edw. III.) Roger de Beauchamp, grandson of Walter, (a brother to William the first Beau- champ, earl of Warwick), married Sibyl, eldest sister, and co-heir to William de Patshull, and on partition of the inheritance, became possessed of the manor of Bletshoe, in com. Bedford.* He was summoned to parliament from the 37 Edw. III. to the 3 Ric. II., in =■ Lysons, in his History of Bedfordshire, p. 58, states that Bletsoe was of the possession of Hugh de Beauchamp of Bedford ; and passed to the family of Patshull, and from it again (as before mentioned) into the family of Beau- champ. ORIGIN OF NOBILITY. 119 which year he died, leaving Roger his grandson and heir ; " but neither he nor any of his descendants had the like summons. The said Roger had issue a son John, who died temp. Hen. IV., lea%ang a son John, and a daughter Margaret, who became heir to her brother, and married first, Sir OUver St. John; secondly, John Beaufort, duke of Somerset; and thirdly, Leo lord Welles. From her first husband. Sir Oliver St. John, is descended in the male line, the present lord St. John, of Bletshoe ; but the barony of Beauchamp, if any was created under the writs of summons, is now vested in abeyance with the sisters and co-heiresses of the late duke of Gordon, or their heirs representative, as also a co- inheritance of the baronies of Patshull and Grandison, supposing they were baronies. BEAUCHAMP, of Bletshoe. Oliver St. John, grt.-grt. -grandson of Sir Oliver and Margt. Beauchamp, cr.=^Agnes, dau. of John and granddaughter Bar. St. John of Bletshoe, by pat. 1 Eli2., to the heirs male of his body. | and heir of Sir Michael Fisher, knt. I 1 ' 1 John, second Lord St. Jolm,^Catharine, daughter of Oliver, heir male to his brother. Other of Bletshoe, ob. 1596. I Sir William Dormei . and third Lord St. John. Issue. Anne, sole daughter and heir to her father, and heir-general-r-William, Lord Howard, of Effingham, son and heir to the ancient barony of Beauchamp of Bletshoe. j apparent to Charles, earl of Nottingham, ob. vi. pat. I ' Elizabeth Howard, sole daughter and heir.=rJohn Mordaunt, first earl of Peterborough. I Henry, second earl of Peter — f- Hon. John Mordaunt, or Lord Mordaunt of Ryegate, and= borough, ob. 1697. j Viscount Avalon, 11 Charles II., ob.vi. fratris, 1675. J Mary, sole daughter and heir married, 1st. Charles, third earl of Peterborough, succeeded^^^ Henry, Duke of Norfolk, (divorced); 2nd. his uncle Earl Henry, 1697; created earl of | Sir John Germain, s.p. She died in 1705. Monmouth. 1 WUliam and Mary, ob. 1735. j I • ■ ' John, Viscount Avalon, ob. vi. pat. 1710.^ Mary, d. of Tho. Cox, (1. wife).^Chas. 4th earl of Peterborough, ob. 1779.=T=Robiana, d. of Col. Brown, (2. wife). I ; 1 1 I —J 1 Fran-=Rev. Samuel Mary Charles Henry, fifth earl of Peterborough, heir-general to the bar- Poulet, ces. Bulkeley. Anastasia ony of Beauchamp, of Bletshoe, & co-heir to the baronies of Gran- died Grace. dison, Tregoz, Steyngreve, and Patshul ; now represented by the young, co-heirs of the last Duke of Gordon. — (Vide Mordaunt). BEAUCHAMP.— (24 Edw. III.) John Beauchamp, a younger son of Guy, (ninth earl of Warwick) was summoned to parliament from the 24 to the 34 Edw. III., as John de Beauchamp de Warrewyk, but died s.p. ' Roger Beauchamp, son of Roger, son of Sibilla, daughter of Mabel, sister of Otto, father of Thomas de Gran- dison. Livery of lands.— Firfe Originalia, 50 Ediv. III., Rot. 2, 3, 6. Esch. 7 Rie. II., No. i1.) 120 BARONIA ANGLICA CONCENTRATA. BEAUCHAMP of Hacche.— (25 Edw. I.) John de Beauchamp was summoned to parliament the 25 Edw. I., and afterwards from the 28 Edw. I. to the 9 Edw. III., as John de Beauchamp de Somerset.'' John his son and heir had similar summons, from the 10 to the 17 Edw. III., as also had John his son and heir, from the 25 to the 35 of Edw. III.; but he dying s. p., his sisters became his co-heirs ; viz. Cecily, who married first Sir Roger Seymour, an- cester to Seymour, duke of Somerset; and secondly, Richard TurberviUe; Margaret, who married Thomas Challons ; and Eleanor, who married Meriet, between whom the barony fell into abeyance, and does not appear to have been ever taken thereout, and as such, is considered to remain among their heirs general representative.'' Eleanor Beauchamp, after the death of her husband, Meriet, married se- condly, Walter Blount, great-grandfather of Walter first lord Montjoy; and thirdly. Sir Henry Luvet. On the partition of the manors, those of Hacche, Shepton-Beauchamp, and others were assigned to Cecily the wife of Sir Roger Seymour. — {Origin. 36 Edw. III., Rot. 3.J BEAUCHAMP of Hacche. Tab. I. John Beauchamp .=f=Cecily, daughter and co-heir of Maud de Kyme. John,» summoned to parliament 25 Edw. 1., obiit 1336.=pJoan John, ob. 1343.=j=Margaret (Had dower Pat. 17 Edw. III., pars. 2. m. 25.) I I I I John, obiit 1360, married Alice, Sir Roger^Cecily, sistei=7=Richard Tur- Margaret, Eleanor, married and co-heir. daughter of Thomas Beauchamp, Seymour, earl of Warwick, s. p. 1st hus. berville. m. Thos. .... Meriet.- 2nd husband. Challons. r Sir William Seymour, ob. vi. mat. Juliana TurberviUe John Meriet. 3 Sir Roger Seymour. Vide Table 2. Elizabeth, daughter and heir, married Seymour. » He founded and endowed a College or Chantry, at Stoke, in com. Somerset, for five chaplains to pray for the souls of John lord Beauchamp his father, and Cecilia, his mother, Robert his brother, the lady Joan his wife and their children, and for all his relations and friends. — Cat. at Barnwell, 4 nones Octo. 1304. (ex Eejistro de Drokensford ep. Bath & Wells. ' He subscribed the letter to the Pope in the parliament at Lincoln, 29 Edw. I., and is there designated Johannes de Bella Campo Dominus de Hacche. (On which occasion there is also named a Walter de Bella Campo Dominus de Alcester, who though not summoned, had his seal affixed to the letter then written to the pope.) He was likewise summoned to the coronation of Edw. II. '' Edward Seymour, first duke of Somerset, descended from the said Cecily Beauchamp, was beheaded 23 Jan- uary, 1552, and all his honours forfeited. BARONIA ANGLICA CONCENTRATA. 121 BEAUCHAMP of Hacche.— (Tab. 1 1.) Sir Roger Seymour, seated at=pCecily daur. of John, and sister and coh. to. John Evinswinden, co. Wilts. I Lord Beauchamp of Hacche, ob. 17 Ric. II. Sir William Seymour=pMargaret daur. and heir of Simon de Brockbury, by Joane ob. 13 Ric. II. I sister and heir to Sir Peter de la Mare, knt. _J Roger son and heir, ob. 8 Hen. V.^Maud daur. and coh. to William Esturmi, of Chadham, ccT. Wilts., knight. John son and heir, ob. 4. Edw. IV.=T=Isabel daur. and heir to William Me. Williams, of co. Gloucester. John heir apparent, ob. vi. pat.=j=Eliz. daur. and heir of Robert Coker, of Lawrence Lydiard, co. Dors. John heir to his grandfather .=pEliz. daur. to Sir George Darell, of Littlecote, co. Wilts. Sir John Seymour, knt. banneret, obiitT=Margaret, daughter of Sir John (or Henry) Wentworth, 28 Hen. VIII., 1536. | of Nettlested, obut 1550. I I z I ; I Edward, 1st Seymour duke^ Catharine, daughter and co-heir Thomas, created Lord Jane Seymour, wife of to Sir William Filliol, of Wood- Seymour, of Sudley, king Hen. VIII., and lands, CO. Dorset. ob. s. p. mother of Edw. VI. Sir Edward Seymour, eldest son, of Berry Pomeroy,=^Margaret, daughter of John Walshe, Esq., one of the Justices CO. Devon, obiit. 1593. of the Common Pleas. of Somerset, decap. 22 Jan- uary, 1552. Sir Edward Seymour created a Baronet 29 June, IGll. Ancestor to the present duke of Somerset. BEAUMONT.— (2 Edw. II.) Henry Beaumont, styled Consanguineus Regis, yr&s summoned to parliament from the 2 Edw. II., to the 6 Edw. III., as a baron ; and from the 7 Edw. III., to the 13, as Henry de Beaumont earl of Boghan, he having married Alice, daughter, and at length heir of Alexander Comyn earl of Boghan, in Scotland. Tliis denomination did not, however, give him any other rank than as a baron in the English peerage, as has been presumed.* * Vide Boghan John Beaumont, his son and heir, never used the title of earl of Boghan, and was summoned to parliament only as John de Beaumont, as were also his successors, till John de Beaumont, the sixth baron, was created by king Hen.VIII., viscount Beaumont ; whose son William the second viscount, died s.p., when the viscounty became extinct, and Joan was his sister, heir to the barony, who married, John Lord Lovel ; whose son Francis Lord Lovel dying s.p., his two sisters, whereof Joan married Sir Brian Stapleton, of Carl- ton, county of York, knight, and Frideswide, Sir Edward Norris, knight, were his co- heirs to the barony ; and also to the baronies of Lovel, and of Bardolph, which last was acquired by the marriage of John, the first viscount Beaumont, with Elizabeth daughter and heir of Sir William Phelip, lord Bardolph. — {Vide Bardolph.) The barony of Beaumont being thus in abeyance between the two sisters and co- heirs of Francis lord Lovel, has been lately allowed to Mr. Stapleton, descended from Joane Lovel ; and therefore being now among the existing peers, renders any account VOL. I. R 122 BARONIA ANGLICA CONCENTRATA. further, unnecessary. On the hearing of Mr. Stapleton's claim before the lords' com- mittees for privileges, on his petition, stating that he was sole heir, by reason that the attainder of Henry, son of Sir Edward Norris, excluded his descendants, the house of lords, resolved, that "the attainder of one of two co-heirs, does not determine an abeyance." BEC sivE BEKE.— (23 Euw. I.) John Bec, or Beke, descended from Walter Bee, a Norman, who upon the conquest, obtained, among other manors, that of Eresby in the county of Lincoln, was summoned to parliament the 23 and 24 Edw. I. : but Walter his son and heir never had summons. He died s.p., leaving Alice wife of Robert de Willoughby, and Margaret wife of Richard Harcourt, his sisters and co-heirs. If this was a parliamentary barony, the abeyance may be considered to have been determined by the summoning to parhament of the said Robert de Willoughby, the 7 Edw. II.; who, though the writ is personal, was evidently summoned by reason of his having obtained the manor of Eresby ; the barony has ever since been enjoyed by his heirs, and is now vested (by determination of an abeyance) in the family of Burrell, by the title of Willoughby of Eresby, coalesced at present with the barony of Gwydir. Walter, lord of Eresby.=^Eve, niece of Walter de Grey, archbishop of York. I 1 1 1 1 — I — I John lord of Eresby, sum.=p. . .. Thomas, bishop of St. Anthony, bishop Margaret, mar- A nun at Al- ~' Davids, ob. 1293, vi- of Durham, obiit ried Galfridus vingham. ta fratris John. 1310. de Thorpe. Two other daurs. to pari. 23 and 24 Edw. I. ob. circ. 1303-4." Walter Beke, never sum. to Alice, dau. and=7=Robert de WU- Margaret, daughter=pRic., s. of Sir W. Harcourt pari., probably died vita pa- coh.InqABdw. \ loughby, of Wil- &coh. Inq.iEdw. | of Stanton, co.Oxon. (Vide tris, ante 1301, s. p. IIJ.de quo. war. | loughbyinco. Lin. ///., de quo. van: Collins in Harcourt Fam. I -J s Robert Willoughby, (a quo Willoughby nunc baron of Eresby.) John Harcourt. -| Inq. 4 Edw. II. Heir to Anthony Beke, bishop of Durham. I ' WUliam. I Richard, ohiit vi. pat. Elizabeth, daughter and heir, married Thomas Astley, of Nelston, co. Leic, a younger son of Tliomas lord Astley. a Will dated 1301, gave Eresby to his grandson Robert de Willoughby. BENESTED.— (8 Edw. II.) John de Benested, who possessed considerable manors in the counties of Cambridge, Suffolk, Surrey, Hertford, and Worcester, was one of the justices of the common pleas, the 3 Edw. II., and had summons to parliament from the 8 to the 12 of Edw. II., but never after, nor any of his descendants. His grandson John (son of his son Edward BARONIA ANGLICA CONCENTRATA. 123 had a son William, who dying s.p., left his aunt Eleanor his heir, who sold the manor of Benington, (their chief seat) in Hertfordshire, to Sir William Say, kjiight, of Sabridge- worth, in the same county. BENHALE.— (34 Edw. III.) Robert de Benhale was summoned to parliament the 34 Edw. III., but never after: he was the fourth husband of Eva, daughter and heir of John baron Clavering, and pro- bably (as the custom then was) had summons jure uxoris, though the wTit was personal, without any reference to a barony. He was interred in the abbey of Langley, where Eva, his wife, at her death, was also buried. He died s.p. BERMINGHAM.— (1 Edw. III.) William de Bermingham had summons to Carlisle, equis et armis, the 1 Edw. III., but not after. Thomas his grandson left issue a sole daughter and heir Elizabeth, who married Thomas de la Roche,* and had two daughters, who were her co-heirs; whereof, * vide Roche Elena married, first, Edmund lord Ferrers, of Chartley, and, secondly, Philip Chetwynd ; ^°^- "• and Elizabeth married George Longville, esq., ancestor to Charles LongA'ille, who became baron Grey, of Ruthyn. Dugdale does not mention the family of Roche in his Baronage, though he recites in his Lists of Summons to parliament the name of Thomas de la Roche, from the 28 Edw. I. to the 8 Edw. II. BERKELEY.— (23 Edw, I.) Thomas de Berkeley, of Berkeley castle, whose ancestors were long before barons of Berkeley, by tenure in capite of that castle, was the first who had personal summons to parliament, from the 23 Edw. I. to the 14 Edw. II. Maurice his son, and his successors to Thomas, great-grandson of the said Maurice, had the like writs during their time ; but Thomas who was the fifth baron by writ, and married Margaret, daughter and heir of Warine lord Lisle, of Kingston Lisle, dying s. p. m., his only daughter became his heir ; and, according to the principle of baronies by writ, carried the barony of Berkeley to her husband, Richard Beauchamp, earl of Warwick, by whom she had three daughters, her co-heirs, viz. Margaret, wife of John Talbot, earl of Shrewsbury ; Eleanor, who married first, Thomas lord Roos, secondly, Edmund duke of Somerset ; and Elizabeth, who wedded George Neville lord Latimer. Among the heirs general of these three co-heirs, the barony of the 23 Edw. I., must in conformity to modern decision, be now in abeyance. But nevertheless, James de Berkeley, nephew of the last baron Tliomas, 124 BARONIA ANGLICA CONCENTRATA. having the castle of Berkeley by virtue of an entail made by Thomas the third baron, on the heirs male of his body, was summoned to parliament the 9 Hen. V., whereby a new barony was created ; unless the summons be considered as applying to the tenure of the possession of Berkeley castle, whereof the possessors had been from time immemorial barons, without any other form of creation than livery and seisin. If the barony had emanated from the writ of summons of the 23 Edw. I., it certainly terminated in abey- ance between the three daughters and co-heirs of Richard Beauchamp, earl of Warwick, which abeyance has never been determined. It is the barony of the 9 Hen. V. which is now in earl Berkeley. It however would certainly seem as if the tenure or possession of Berkeley castle was then conceived to give the right of barony to its owner; which is more particularly confirmed from the circumstance that William lord Berkeley, son and heir of James, sum- moned as aforesaid, 9 Hen. V., having been created viscount Berkeley earl of Notting- ham, and marquess of Berkeley, died s.p.s., when those titles became extinct, and the barony of Berkeley being, as marquess William considered, attending upon the posses- sion of the castle ; and he having conceived some displeasure against his brother Maurice Berkeley, with a view to disappoint him of the succession, gave the said castle by in- denture, dated 10 December, 3 Hen. VII., for want of issue of his own body, to the said king Hen. VII., and the heirs male of his body, and for default of such issue, to his own right heirs.* Thus upon his decease the 7 Hen. VII., without surviving issue, the cas- * Dug. Bar. tie of Berkeley, manor, &c., passed to the said king, and his brother Maurice was dis- Yol. i. p. 365. . , ,. , • 1 ■ appomted of the inheritance. Though thus excluded the barony of Berkeley if attached to the tenure of the cas- tle, yet, the said Maurice Berkeley (his brother) was entitled to have succeeded to the barony under the writ of summons of the 9 Hen. V. ; but he was never summoned to parliament, and died leaving three sons, viz. Maurice, Thomas, and James. Of these Maurice the eldest, had summons to parliament, the 14 Hen. VIII., when he is said to have sate only as a new junior baron,* which indicates that the writ of the 9 Hen. V. was not a summons creative of a new barony, but had emanated solely because lord James was in possession of Berkeley castle, and was baron thereof by prescription, as his ancestors had been for time immemorial. This Maurice died s.p., and was suc- ceeded by his brother, and heir, Thomas Berkeley, who had summons to parliament the 21 Hen. VIII.;'' he died shortly after in 1532, leaving a son Thomas his heir, which a His name does not appear in the writ of the 14 Hen. VIII., as printed in Dugdale's Lists of Summoned, though mentioned by him in his Baronage to have been summoned in the said year. b In this writ he is styled Thomas Berkeley de Berkeley, chivalier, and is noted to have made his first entry then in parliament, and to have paid to the Heralds xx. s. (Dugdale citing an old book in the college of arms. BABONIA ANGLICA CONCENTRATA. 125 Thomas lord Berkeley, died two years after, (in 1534) leaving Anne his wife then pregnant, who was delivered of a son, born nine weeks and four days after his decease, named Henry, which Henry, only, and posthumus son, upon the death of king Edw. VI., the last heir male to Henry the VII. became entitled to the re-possession of Berkeley castle ; and by petition of right recovered the same — and thus re-acquiring the old barony of his ancestors was, (according to Dugdale, citing the Journals of parliament)* summoned by writ, the * Dug. Bar. 4 and 5 Phil, and Mary, and there placed the 25th January. " ^' From this Henry is descended the present earl of Berkeley ; but he not possessing the castle of Berkeley, cannot be deemed to have any other barony than the one derived from the writ of summons of the 9 Hen. V., which being so derived, is descendable to the heirs general of the body of James lord Berkeley, then so summoned. With regard to the castle of Berkeley, it is possessed by the present earl Fitz- Harding, who under the supposition of its giving right to the ancient barony of that name preferred a claim thereto, which obtained several hearings before the lords' committees for privileges, but their lordships never came to any decision thereon. The claimant. Col. Berkeley, eldest son of the late earl Berkeley, born before marriage," was first advanced to the peerage by the title of baron Segrave, and subsequently promoted to the dignity of earl Fitz- Harding. Thomas lord Berkeley entailed the castle and manor of Berkeley on Maurice his son, and the heirs male of his body, &c., by fine levied 23 Edw. lll.-i Maurice lord Berkeley.-i Thomas lord Berkeley.-) Sir James Berkeley, ob. vi. fratris.-i -I Elizabeth, only daughter=pRichard Beauchamp, earl James Berkeley , summoned to parliament and heiress. of Warwick. 9 Hen. V., ob. 1463. -| "I r" Margaret, married Alianor, mar. 1st, Thomas Elizabeth, married William, marquess of Berkeley Maurice, John Talbot, earl lord Ros ; 2nd, Edmund, George Nevill lord gave the castle of Berkeley, excluded of Shrewsbury. duke of Somerset. Latimer. &c., to king Henry VII. and by his the heirs male of his body ; brother Co-heireses to the barony of Berkeley, if created by writ, and not obiit s. p. s. the 7th of Henry William, appurtenant to the tenure and possession of the castle. the seventh. ob. 1507. Maurice, sum. 14 Hen. VIII., obiit 1523, s. p. Thomas, brother and heir, sum. 21 Hen. VIII., ob. 1532.-1 Thomas, ob. 1534. I Henry lord Berkeley, recovered possession of Berkeley Castle, a quo the present earl of Berkeley. '' The controversy respecting the marriage of the earl has occasioned much doubt. He married the lady, mother of the colonel and of other children, subsequently to his, and their birth ; but a marriage prior to their birth is said to have privately taken place, and the subsequent one for the purpose of confirmation. The subject was investigated be- fore the house of lords, when their lordships negatived the first marriage Lady Berkeley afterwards published an appeal to the house of lords, with very interesting comments upon tbe evidence brought forward on that occasion. 126 BABONIA ANGLICA CONCENTBATA. BERNERS.— (33 Hen. VI.) In the reign of Henry V., Richard Bemers of West Horsley, in the county of Surrey, had, according to Dugdale, the reputation of a baron ; but there is not any record of his having ever been so created, or had summons to parliament. He left issue by Philippa his wife, Margery his only daughter and heir, who by her first husband, John Fereby, had not any issue. Her second husband was John Bourchier, fourth son of William earl of Ewe, by Anne, daughter of Thomas of Woodstock, duke of Gloucester ; which John Bourchier was summoned to parliament Ijy the title of John Bourchier de Ber- ners, chevalier, from the 33 Hen. VI., to the 12 Edw. IV., shortly after when, he died, and was succeeded by his grandson John, (son of Humphry his eldest son, who died in his lifetime) ; which John, second lord Berners, died in 1532, leaving two daughters his co-heirs, viz. : Jane, who married Edmund Knyvet, esq. ; and Mary, who married Alexander Unton, esq. From this period to the year 1717? a space of one hundred and seventy-five years, the barony remained dormant, when Catharine Knyvett, then wife of Richard Bokenham, esq., preferred a claim, which was afterwards allowed by the house * Vide the co- °^ lords. Tliis lady died s.p., in 1743, when the barony fell into abeyance;* and so con- heirsinBanks's tinned till it was lately claimed and allowed to Mr. Wilson, as may be seen in the printed Dormant and ExtinctBaron- histories of the present peers,t who took his seat as lord Berners, accordingly, in the 5i!'ped" '' *^^^ house of lords, in May 1832. t Vide Lodge. 'fijg detei'mination of this abeyance, in favour of Mr. Wilson, did not affect the other co-heirs as to any interest of co-heirship, they might have in the barony of Borough, or in any other barony. BLOUNT.— (20 Edw. II.) Thomas le Blund, or Blount, supposed to be of the same family as Robert le Blund, who lived temp. Will. L, married Juhan, daughter of Thomas de Leiburne, (widow of John lord Hastings, of Bergavenny), was summoned to parliament the 20 Edw. II., and 1 and 2 Edw. III. After when, Dugdale observes, " / have seen no more of him." He probably was summoned ^Mre uxoris, — his wife Julian being daughter and heiress of Tho- mas de Leiburne, whose father William had been summoned as a baron from 27 Edw. I. to the 3 Edw. II. WILLIAM LE BLOUNT.— (1 Edw III.) William le Blount, who married Margery, one of the daughters and co-heirs of Theobald de Verdon, a great baron, was summoned to parliament from the 1 to the 1 1 Edw. III., inclusive, in which year he died, s.p. His summons, like that of Thomas, BARONIA ANGLICA CONCENTRATA. 127 (before mentioned,) was most likely ^wre nxoris : for at that period, though the writs were personal, without any reference to a particular barony, yet they were chiefly founded on the possession of some baronial estate, which ceasing to remain in the inheritance of their descendants, such descendants were no longer reputed barons, nor had further summons directed to them. BLOUNT.— Table 1.—(Ex. MS. Pedigree per Henry St. George.) Robert Le Blound, or Blount. -j-Agnes de Lisle. Stephen of Saxlingham, (Nebulee, o. & s.)- William, of Ixworth. WUliam=pIsabel , co-heir to the Manor of Bilton. 1 1 William.-r Joan, daughter and co-heir of Ralph=y\Valter.=pEleanor, widow of John Meriet, co-heir to de Sodington. (1st wife). | | John Beauchamp of Hacche. (2nd wife). Thomas, temp. 2 Edward IL William, mar. Margery Verdon, s.p. John Blount, ancestor to those of Sodington. Walter Blount.=pSanchia de Ayala, Sir John Blount, K.G., s.p. — r Toancma at of Spain. Thomas, Treasurer of Normandy.=pMargaret, daughter of Thomas Grisley, knt. I ' Walter, first Lord Mountjoy, Vide Table 2. Table II. Anne, Duchess of Bucts., d. of Ralph, first earl of Westmorland, =Walter Blount, =i=Eleanor, d. of Sir John Byron, relict of Humphry, Duke of Bucks, s.p., ob. 20 Edw. IV. (2. wife). Lord Mountjoy. | of Clayton, co. Lane. (1. wife). William,^Mary, daughter and co-heir of ob. vi. pat. I Thomas, Lord Eehingham. Sir John,=y:Lora, daughter of Sir 3rd Lord. I Edward Berkeley. Other Issue. John, Edward, ob.vi. second pat. Lord, s.p. 1 Elizabeth, mar. An- drew, Lord Windsor. Anne, or Alice, m. Sir Thomas 0.ten- bridge, 2. Sir Darid Owen. 2. Alice, dau. of=pl. Doro-: Hen.Kebet,ob. 1521, bur. atthe Grey Friars. thy,d.& h. of Sir W. Say. :i.wa. Ham, 4. lord. ob. 1535. 1 1 =3. Dorothy, Other d. of Thos. Issue, Gray,Marq. of Dorset. Charles,^Anne, d. of Ro- fifth I bert, Lord WU- Lord. I loughbydeBroke. Gertrude, married John, s.p. Catharine, m. 1st. Henry Courtenay, 1531. Maurice Berkeley; Marquis of Exon. vi. pat. 2. JohnChampernon. Dorothy, Mary, mar- mar. John ried Robert Bluet, s.p. Dennis, s.p. James, 6th Lord, ob. 35 Eliz.=pKatharine, d. of SirThos. Leigh, L.L.D. Francis, m. but died s.p. William, s.p. I ' r 1 William, 7th Lord, ob 36Eliz.s.p. Charles,8thLord,cr.Earlof Devon,ob.l606,s.p.l. (VideTab.3.) Anne, s.p. Table III. Montjoy Blount, bastard son of Charles lord Montjoy and earl of Devon,^Anne, niece to the duke of Bucks & dau. created baron Montjoy of Thurveston, ob. circ. 1665. | of John lord Boteler of Bramfield. I 1 J [ I Mountjoy.* ob. ccel. Charles,* ob. coel. Henry,* ob. 18 Sept., Isabella, mar. Niclio- Anne, mar. Tho- 1676, set. 45. st. circ. 38. 1679, set. 39, s. p. las, Earl of Banbury. mas Porter, Esq. • These three brothers were all born at Newport House, in the Parish of St. Martins, in the Fields, and were all idiots. a At St. Saviour's Church, in the borough of Southwark, is the following entry, viz ; " 4th May, l.'>95, a search was made for the burial of Francis Blunt, gentleman, by one whose name was Thomas Earnley, who, when the thing was found, seemed miscontent that it was not said who the man was, being buried in the evening, obscurely ; and therefore desired that it might be added that he was uncle to Charles lord Mountjoy, then living, that so it might after appear of what place, and state the man w.is : but whether his information were true, or so, this book can be no warrant. True it is, that one of that name was buried." 128 BARONIA ANGLICA CONCENTRATA. BOGHAN, OR BUCHAN.— (7 Edw. III.) * Vide mont. Beau- t Dug. Lists of Summons. : Vide Adam. Ap It has before been noticed under the article of Beaumont,* that Henry, the first baron Beaumont, was summoned to parliament the 7 Edw. III., by the title of earl of Boghan, he having married Alice, eldest of the two daughters, and eventually heirs of Alexander Comyn, earl of Boghan or Buchan, in Scotland, from the said 7 to the 14 Edw. Ill.f He continued to have summons by the same title, and by that designation was also a trier of petitions in parliament, which consequently indicates his sitting and presence therein; but after his death, which was in 1340, the 14 Edw. III., none of his descendants had summons by the title of earl, they only being summoned as barons, till John, the sixth in succession, was created a viscount by king Hen. VI. It is here to be considered how far the writ of summons of the 7 Edw. III., created Henry lord Beaumont an earl of England, by the title of Boghan, a title by which he con- tinued to be summoned, and sit in parhament until his death. As a Scotch earl he could have no right to sit in an English parliament; and being one of the Scotch disinheritees, his Scotch earldom had become forfeited in that kingdom. According to modern practice, ever since the union with Scotland, no Scotch nobleman can sit in the house of lords by his national title, other than one of the sixteen representatives. He can be known there only by some English peerage conferred upon him, and by the description of which he is named in the roll of parliament. Thus the duke of Hamilton in Scotland is duke of Brandon in the English peerage ; the duke of Buccleugh, only earl of Doncaster ; the duke of Montrose, earl Graham ; the duke of Athol, earl Strange ; the duke of Leinster, in Ireland, viscount Leinster. Similarly are the Scotch earls only peers in the house of lords by the title of their English creations. Upon this view of the case it would seem that the lord Beaumont being called by writ to take his place and precedence as an earl among the English nobility, was by the operation of the writ of summons created earl of Boghan, as an English honour descend- able to the heirs general of his body, and though the usage of the title has so long re- mained dormant, it nevertheless is presumed claimable by his aforesaid heirs. The various decisions that a writ of summons to parliament, with a sitting under it, (which is provable in this instance) constitutes a personal and inheritable title, must be here deemed applicable to the earldom of Boghan. Many of the barons summoned in the reigns of Edw. I, II, and III, were certainly only summoned by reason of their tenures, as a service due therefrom ; and the alienation of their lands put an end to their nobility.J Yet proving a sitting under any of these writs, has been allowed to have created a person- al honour in the person so summoned, and sitting. If the writ could be so construed to create a barony, the same rule and principle go to the creation of an earl by writ. BARONIA ANGLICA CONCEXTRATA. 129 BOHUN, OF MiDHURST.— (37 Edw. III.) James, or John de Bohun,* grandson of Franco de Bohun, who married Sibilla, one of the * Dugd. Bar, daughters and co-heirs of William de Ferrers, earl of Derby, by Sibilla his wife, sister and and 421. co-heir to Anselm Marshall, earl of Pembroke, married Joan, one of the daughters and co-heirs of William lord Broase of Gower, and had issue John de Bohun, who was summoned to parliament the 37, 38, and 39 Edw. III., and died shortly after, viz. the 41 of Edw. III., leaving by Isabel his first wife, two daughters, viz. Joane, wife of John de I'lle of Gatcomb, in the isle of Wight f and Eve a younger daughter ; and by Cecily his second wife, a son and heir John ;** but neither he, nor his descendants were ranked, as Dugdale relates, among the barons of the realm, thus showing in Dugdale's opinion, that a writ of summons was not then conceived to create mi hereditary digyiity. For if it did so create, then the issue of this John would become co-heirs to the barony of Braose of Gower, as well as to that of Bohun. The said John de Bohun had a son Humphry, whose son another John, had issue two daughters his co-heirs, whereof Mary married David Owen, a natural son of Owen Tudor ; and Ursula married Robert Southwell, but had not any issue. Sir Da^•id Owen, by Marj' his wife, had Henry his eldest son, who was a great spendthrift, and sold the reversion of the manor of Cowdry, co. Sussex, &c., after his father's death, to Sir WiUiam Fitz-William, for two thousand one hundred and ninety- three pounds, six shilling, and eight-pence.f He anticipated also the greatest part of the + ^? ^"'^• Bohun inheritance to the same Sir William. By Dorothy daughter of Thomas West, Auct. lord de la Warre, he had three daughters, viz. : Mary, aged thirty-eight, anno 1544, who married John Warnet, of Hemsted, co. Suss. ; Elizabeth, who married Nicholas Dering, and had a son Thomas, aged twenty-four, anno 1554; and Anne, aged thirt}'-six, anno 1554, who married James Gage. It would seem from this, that Ehzabeth was the eldest daughter, but then dead, i, e., 1554. BONVILE.— (28 Hen. VI.) William Bonvile, of an ancient family in the county of Devon, had summons to par- liament from the 28 to the 38 Hen. VI., as lord Bonvile ; but in the year following, viz., 39 Hen. VI., he lost his head after the battle of St. Albans, leaving Cecily his great granddaughter his heir, a very singular and almost unparalleled course of descent. — ' John de Lisle, of Gatcombe, had issue a son John who died s.p., and two daughters co-heirs, viz : Elizabeth who married John Bremshot, of Bremshot, Hants. ; and Lora, who married Sir John Barford, knight, a quo Covert. '' Johannes fil. & haeres Johannisde Bohun, mil' de Midhurst, et Cecilia ejus. Breve tantum, Inq. 7 Ric. II., No. 11. — (Appendix, p. 459j. VOL. I. s 130 BARONIA ANGLICA CONCENTRATA. William his eldest son, died before him, having married Elizabeth daughter and heir of William lord Harrington ; his son, another William, commonly called lord Harrington, in right of his mother, was slain in the lifetime of his grandfather, at the battle of Wake- field, leaving by his wife Catherine, daughter of Richard Nevill, earl of Salisbury, an only daughter Cecily his heir, and heir, as before mentioned, to her great-grandfather William lord Bonvile. She married Tliomas Grey, marquess of Dorset, by whom she had issue Thomas, the second marquess, father of Henry, created duke of Suffolk, by whose attainder the baronies of Bonvile, Harrington, Astley, and Grey alias Ferrers of Groby, * Vide Grey merged in the said duke, became forfeited.* sive Ferrers of Groby. BOTELER OF Werington.— (22 Edw. I.) This family was so named from being Botelers or Butlers, to Ranulph or Ralph earl of Chester, and is totally different in origin and descent from the great house of Butler, earl of Ormond. William le Boteler was summoned to parliament the 22, 23, and 24 Edw. I., and in the 25, as William le Boteler de Warrington. He was succeeded by John his son and heir, who is mentioned in Dugdale's Index of Summons to have had a similar writ the 14 Edw. II. ; but his name does not appear in his text : however, whether so summoned or not, Dugdale makes no further mention of him, as not being reputed afterwards among the barons of the realm. BOTELER OF Oversley and Wemme.— (24 Edw. I.) This family also took its name from Ralph Boteler, who filled the similar office of Bote- ler or Butler to Robert earl of Leicester, and was possessed of the manor of Oversley, in the county of Warwick. From this Ralph, through several successions, descended William Boteler, who being possessed of the manor of Oversley, as also of the great manor of Wemme in Shropshire, acquired by the marriage of one of his ancestors with the daughter and heiress of William Pantulf, a great feudal baron in that county, whose caput haroni . . . . . Banks'sDorm. John de Botetourt his grandson (being son of Thomas, his eldest son, who died vi. and Extinct pat.) had also summons from the 16 Edw. III., to the 9 Ric. II. His mother was Joane, p.^^e!''^^ one of the daughters and co-heirs of John de Somery baron of Dudley, in virtue whereof, he was a co-heir of that ancient barony. He died very aged, in 1385, leaving Joice the wife of Hugh Burnell, daughter of John his eldest son, who died vi. pat., his granddaugh- ter and heir. But she dying s.p., the barony fell into abeyance between his three daugh- ters, viz : Alice, who married Kyriel ; Joice, wife first of Sir Baldwin Frevil, secondly of Sir Adam de Peshall ; and Catherine who married Maurice Berkeley. The barony thus continued in abeyance till 1764, when it was claimed by Mr. Nor- bome Berkeley, descended from the said Maurice ; and after due investigation before the house of lords, was adjudged to him, and he had summons to parliament as baron Botetourt accordingly. He dying in 1776, s.p., it fell again into abeyance, and so con- tinued till 1803, when the abeyance was terminated in favour of Henry fifth duke of Beaufort, as son and heir of Elizabeth, sister and heir of the before mentioned Norbome Berkeley, by her husband Charles fourth duke of Beaufort. BOTREAUX.— (42 Edw. III.) William Botreaux was summoned to parliament from the 42 of Edw. III. to the 15 Richard 11.^ He was son and heir of William de Botreaux, who married Isabel, one of the daughters and co-heirs of John de Moels, a parliamentary baron, who died the 1 1 Edw. III., lea\ang the said Isabel, and Muriel the wife of Sir Thomas Courtenay, his co- heirs to the said barony ; from which it may be inferred, that the abeyance thereof was determined in favour of William Botreaux, as son and heir of Isabel, and that he had summons to parliament accordingly, although the writ was personal to him without naming the real barony of Moels therein ; and if so, Botreaux was not a creation, but a continuation of Moels. Whether William his son was ever summoned is uncertain ; unless the writ of the 15 Ric. II. was addressed to him, and not to his father, as he died in August, and that writ was 7th September, 1391, the same year. However the said William a He married Elizabeth, daughter of Sir Ralph D'Aubeney, by Catherine his wife, sister and heir to Thomas de Twenge. 132 BARONIA ANGLICA CONCENTRATA. died in May, the year following, viz. 1392, leaving a son William only five years old ; who on attaining his majority, was afterwards summoned to parliament from the 14 Hen. IV. to 1 Edw. IV. He died the year following, leaving Margaret his daughter and heir, who styled herself Margareta Dn'a Botreaux, and married Sir Robert Hungerford, knight, by which marriage the said barony came into that family, and from it to that of Hastings, earl of Huntingdon, and is now in the present marquess of Hastings. — (Vide Moels and Hungerford, BOURCHIER.— (16 Edw. III.) Robert Bourchier was summoned to parliament the 16, 22, and 23 Edw. III., as was his son John, from the 5 Ric. II. to the 1 Hen. IV., and his son Bartholomew from the 1 to the 10 Hen. IV., when he died, leaving an only daughter Elizabeth his heir, who married first, Sir Hugh Stafford and secondly. Sir Lewis Robessart, K. G., both which husbands were successively summoned to parliament without any designation, showing that they were summoned as barons Bourchier, — though it is certain that each was so jure uxoris They both dying s. p., the barony upon her death, in 1432, s.p., devolved upon Henry Bourchier, earl of Ewe in Normandy, great-grandson of Robert the first baron, by his second son William Bourchier ;* which Henry was summoned to parlia- ment from the 13 to the 23 Hen. VI., sometimes as Henry Bourchier, earl of Ewe; at others, as Henry Bourchier de Bourchier, or chevalier. He was however afterwards created viscount Bourchier, and lastly earl of Essex, whereby the barony was merged in the higher dignity, and so continued to the death of Henry the second earl, when it descended to Anne his only daughter and heir, who married William Parr, earl of Essex, but her issue being illegitimated by act of parliament, the barony on her decease, de- volved upon Walter Devereux, baron Ferrers of Chartley, son and heir of John Devereux, baron Ferrers, by Cecily sister and finally heir of Henry, the second Bourchier earl of Essex. It is now in abeyance between the present duke of Buckingham and the mar- quess Townshend, the co-heirs general of Robert the last Devereux, earl of Essex, and co-heirs of Walter his ancestor, son of Cecily Bourchier before mentioned. BRADESTON.— (16 Edw. III.) Thomas de Bradeston held Bradeston and other manors in Gloucestershire, temp. ' This William Bourchier married Alianore, daughter and eventually sole heir of John de Lovaine ; and from that marriage his descendants have assumed the titles of barons Lovaine, as may be further seen on reference to that article. BARONIA ANGLICA CONCENTRATA. 133 Edw. II. by knighfs service; he was summoned to parliament, from 16 to 34 Edw. III. when he died, leaving Tliomas, (son of Robert his eldest son, who died vi. pat.) his grandson, and heir, but the said Thomas never had summons to parliament ; he married Ela daughter and co-heir {with Joane her sister, who married John Chidyock,) of John de St. Loo, by Alice, his wife, daughter of John de Pavely, of Westbury, in com. Wilts., and left issue an only daughter Elizabeth, his heir, who married Walter de la Pole, whose daughter and heir Margaret, became wife of Ingoldesthorpe, whose granddaughter Isabel, married John Nevill, marquess of Montacute, slain at the battle of Barnet ; by whom she had two sons, George and John ; and five daughters, eventually her co-heirs, wherefore the barony of Bradeston vested in them in abeyance. King Henry VIII., by act of parliament, exchanged and settled certain lands in re- compence to the five heirs of the marquess of Montacute, for five hundred marks per annum, granted by Edw. III., to Sir Thomas of Bradeston ; who, by letters patent, dated at Orygue-upon-Oyse, 15 Octo., 13 Edw. III., was advanced to the estate of a banneret. — (Ex, Eviden' penes Auct). It is to be observed that Thomas de Bradeston, was one of the triers of petitions in the two parliaments of 25 Edw. III. which proves his presence and sitting therein, and gives to the five daughters and co-heirs of the marquess of Montacute the barony as not affected by the attainder of their father, their right being acquired by descent from their mother, heiress of Ingoldesthorpe, heir-general of the said Thomas de Bradeston.* * ^'^^ ^^^"^^ ° *^ ° de Montague. BRADESTON and NEVILL, de Montagu. Thomas de Bradeston, ob. 34 Edw. III.^Agnes, ob. 43 Edw. Wl.—Esch. No. 18, Fin. Hot. m. 19. I ' Robert, ob. vi. pat.^Blanch, ob. 15 Ric. II. Thomas, set. 8 at the death of his-pEla, daughter and co-heir of John de St. Loo, by Alice, grandfather,ob. 48 Edw. III. I daughter of John de Paveley of Westbury. Elizabeth, dau. and heir.T^Walter de la Pole, nephew of the 1st earl of Suffolk, and son of Sir Edmund. Margaret, only daughter and heir.=T=Thomas Ingoldesthorp. Edmund, heir to his grandfather and=pJohanna, daughter of Jolin lord Tiptoft and de Powes, grandmother. — Vide Esch. 13 Hen. I sister of John, and aunt and afterwards co-heir of VI., no. 33. Ob. 35 Hen. VI. Edward Tiptoft, earl of Worcester. Isabella, only daughter and heir, set. 5.=pJohn Neville, marquess of Montagu. •4^ BRAOSE, OF GowER.— (22 Edw, I.) William de Braose (of a different family to that of Brus, or Bruce, which became kings of Scotland,) was summoned to parliament the 22 Edw. I., and afterwards from 134 BARONIA ANGLICA CONCENTRATA. the 25 Edw. I. to the 16 Edw. II. In the 29 Edw. I. he was one of the barons sum- moned to the parliament at Lincoln, and then subscribed the famous letter written to the pope, asserting the supremacy of England, over the realm of Scotland, being then denominated, Willielmus de Breuhosa Dominus de Gower. The 35 Edw. I. he paid one hundred marks relief for the castle and barony of Brembre, in Sussex, and one hundred shillings for the land of Gower, in Wales, holden in capite, by the service of one knight's eJ"°t ^r" ^^ ^®^' ^^^^^ showing the difference between barony and mere military service,* dying s.p.m. 66. his two daughters by Aliva his wife, daughter of Thomas de Multon, became his co-heirs, of which, Aliva married John de Moubray, and Joane, John (or James) de Bohun, of Midhurst, between whose heirs-general the barony of Braose of Gower is in abeyance, if the summons of Bohun the 37 Edw. III. be not considered a determination of it in his behalf; Moubray being a baron long before. But a writ of summons at that period, was certainly not then looked upon as a personal creation of a barony, descendable in blood to the heirs-general of the person summoned to parliament, without a territorial holding in capite of the crown, either by barony, or a number of knights' fees, equivalent thereto. This barony of Braose of Gower has by the several printed Peerages of Collins and other authors, been ranked among the numerous titles of the duke of Norfolk ; but as appears, evidently without reason. On the death of William de Braose without issue male, his two daughters, the one married to Mowbray, and the other to Bohun, became, his co-heirs ; and if it was a descendable barony, it then fgU into abeyance between them ; and unless the subsequent writ of summons to John de Bohun may be considered a de- termination of the abeyance, as Mowbray was a baron of long previous standing, it still remained so. Upon the decease of Thomas de Mowbray, duke of Norfolk, descended from the said John lord Mowbray, and Aliva de Braose, the moiety of Mowbray fell into abeyance between the two daughters and co-heiresses of the duke, whereof one married Sir John Howard (who was afterwards created duke of Norfolk), and the other married James lord Berkeley. From John, first Howard, duke of Norfolk, descended Edward, the eleventh duke, who died in I777j s.p., when whatever baronies by writ to which he was entitled, fell into abeyance between the two daughters and co-heiresses of lord Philip Howard, his brother, viz. Winifred the eldest, who married William lord Stourton ; and Anne the youngest, who married Robert lord Petre, so that at this time the Howard moiety of the baronies of Braose of Gower, and of Segrave, do not rest in any way in the present duke of Norfolk, who derives his descent from a very junior branch of the male line of the Howard family. BARONIA ANGLICA CONCENTBATA. 135 THOMAS DE BROASE.— (16 Edw. III.) William, the last lord Braose, of Gower, having died, leaving only issue female, Peter, his brother, was his next heir male,* but he dying s.p., Thomas, the third brother, became * Dugd. Bar. his heir : which "' '"' ''' Thomas de Braose had summons to parliament the 16, 22, 23, 26, and 27 Edw. III., and deceased the 35 Edw. III., leaving, by Beatrix, his wife, daughter of Roger Morti- mer, (widow of Edward, son of Thomas of Brotherton,) two sons, John, and Thomas, but neither of them ever had summons to parliament : of the sons John de Braose was twenty-two years of age at his father's decease ; and married Elizabeth, daughter of Edward de Montague, but died s.p.,t leaving Thomas, his bro- f ciaus. 7 R»c. ther and heir, which "• '"•^^• Thomas de Braose is stated by Dugdale to have died in his minority, leaving Joane, his sister and heir to his estate ; which Joane also dpng issueless, Elizabeth, the wife of Sir William Heron, knight, came to be her heir, being daughter of Beatrix, sister to Thomas, father of Thomas, brother of her, the said Joane de Braose ; which Beatrix married William lord Say, and had issue Elizabeth, his daughter and heir, who married the said Sir William Heron.J + yj^^ g In this instance the barony became extinct, although Dugdale states the succession as above mentioned, and makes Peter de Braose to have died s.p., leaving Thomas, his brother and heir ; yet from the following pedigree, it will be seen, that Thomas was son of Peter, and not brother. In point of baronial interest, the difference is not material ; it only shows the conflicting authorities respecting this once eminent and ancient baro- nial family. BROASE OF GOWER. Isabel de Clare,=^\ViUiam de Broase, lord of Gower,=pAgnes de Moels,=pMary de Ross, ob. 19 Edw. II. — Escfi. n. (1st. wife). I ob. 19 Edw. l.—Orig. Rot. 3 .^6. | (2nd. wife). | 89, and 90. (3rd. wife). I 1 Wil- -pAliva Giles Broase, =p. . Margaret. — 1. Peter, ob. 4^. . 2. Richard, ob. 3. Wil-=T=Eleanor, d. — - - Esch.3lEdia. Edw.II.-£scA. /. a. 68. 5 Edw.II.n.27. liam- j de Mul- of AVoodlands, ton. CO. Dorset. 24 Edw. I. s.p. liam, ob. Orig. Rot. 6. 33Edw.I. of Sir Roger Bavent. I 1 1 Aliva, mar. Ist. Joane, John de Thomas, set. 26, at the^Beatrice Mor- Peter, John, of John de Broase, timer. — Clans. ob. Legh, of Westneston, John de Mou- m.John Braose, death of Mary his gr.. bray, 2ndly, Sir de Bo- ob. mother ; ob. 35 Edw. Rich. Peshale. hun. s. p. m. III. — Esch. n. 39. \l Edw. III. in 6. p. in CO. co. Sussex. dorso. m. 27. Surrey. I • 1 ' 1 :— 1 1. John, mar. Elizabeth, d. of Edward Mon- 2. Thomas, ob. 19 Ric.=^Margaret Bea-=p\Vm. de Eliizabeth, tague, ob. s.p., 7 Ric. II. — (Claus. m. 2ZJ. II. — (Claus. m. \'i). \ trice. | Say. Joane, s.p. I 1 I 1 Thomas, ob. s.p. — (Claus. Joane, ob. circ. 19 Ric. II., leaving Eliz. Heron, John, died young Eliz. m. 1st. Fal- 7Ric.II.m.23J. her cousin her heir.— (Clans. Ric. II. m. 13). C Ric. II. lesly; 2. Heron. 136 BARONIA ANGLICA CON'CENTRATA. BRAY.— (21 Hen. VIII.) Sib Edmund Bray, knt., was summoned to parliament from the 21 to the 28 Hen. VIII. His son John had also summons from the 37 Hen. VIII. to the 2 of queen Mary, but died s.p., leaving his six sisters his co-heirs, and the barony in abeyance between them. Of these ladies, Anne married George Brooke, lord Cobham ; Elizabeth was wife first of Sir Ralph Verney, secondly of Richard Catesby, and thirdly of William Clark esq. ; Fridiswide married Sir Percival Hart, knt.; Mary, Sir Robert Peckham ; Dorothy • married first Edmund Bridges lord Chandoz, secondly WiUiam lord Knollys, K.G. ; and Frances was wife of Thomas Lifield, of the county of Surrey, esq. From the death of John, the second lord Bray, the barony remained dormant, till it was lately claimed by Mrs. Otway Cave, descended from Elizabeth, who married Sir Ralph Verney, who having established her descent before the lords' committees for pri- vileges, her majesty queen Victoria was pleased to determine the abeyance in her favour, in September 1839. The barony being thus revived, an account of it may be found in the printed Peer- ages of the day, and in such respect is not necessarj' to be here further entered into. The lady was very fortunate in her obtainment of it, when there were so many co-heirs of high distinction equal competitors in point of descent. But there is a time and sea- son for all things. BROMFLETE.— (27 Hen. VI.) Henry, son and heir of Sir Thomas Bromflete, by Anastatia, daughter and heir of Sir Edward St. John, by Anastatia his wife, daughter and co-heir of William de Aton,^ was summoned to parliament the 27 Hen. VI. by a special writ directed " Henrico Bromflet Militi Domino de Vessy" with limitation of that honour to the heirs male of his body, being the first and only instance of such a kind of writ. He was further summoned to the 6 of Edw. IV. Dying s.p.m. the barony became extinct : but leaving an only daughter Margaret his heiress, whatever interest was in him as to the barony of Aton, descended to her. She was twice married, first, to John lord Clifford ; and secondly, to Sir Lancelot Threlkeld, knt., by both of which husbands she had issue, but in the heir-general of the first the baronial interest is vested ; the principal representative of which is the present baroness de CUfFord. But the barony of Aton still remains in abeyance between the heirs of the three daughters of the last baron de Aton. » The writ of the first baron de Aton was personal, without any reference to the barony of de Vescy ; for though he was found heir to certain lands of that barony, he was not heir to any barony created by writ of summons. — (Vide Aton and de Vescy. BARONIA ANGLICA CONCENTRATA. 137 PETER DE BRUS.— (45 Hen. III.) Peter de Brus, the last baron of Skelton, had summons to that parliament convened to meet in London the 45 Hen. III.,* but died in 1271, the 56 Hen. III., before any * Claus. Rot. , m, 3. regular writs of summons are upon record ; not having any issue his four sisters were his co-heirs. t Of these, Margaret married Robert de Ross, or Roos ; Agnes, Walter de t Dorm, and Fauconberge; Lucia, Marmaduke de Twenge; and Laderina, John de Bella-Aqua; under voi. I. which respective titles their descendants may be seen, having all had summons to parliament. BRUS, OF Annandale. — (23 Edw. I.) Robert de Brus was summoned to parliament the 23, 24, and 25 Edw. I. He was of the line of Annandale, but died 32 Edw. I., without issue, leaving Robert his brother^ earl of Carrick, his heir, who reviving the family claim to the throne of Scotland, was afterwards crowned king, and thus terminated the Brus connection as among the barons of England. Mr. Hornby having been very severe in his remarks upon Dugdale's account of this great house of Brus, their statements are here given for the better illustration of their respective assertions. BRUS, ACCORDING TO DcGDALE. Robert de Brua came in with the conqueror and died in 1141, being 75 years after.T=Agnes Paynel. 1. Adam, of Skelton, ob. 1162. Robert, the 1st of Annandale, ob. 1199, being 133 years after the conquest.^ William, ob. 1216.=r I Robert, ob. 36 Hen. III., 1252.^Isabel, second daughter of David, earl of Huntingdon. I ' Isabel, daughter of Gilbert de Clare,=pRobert de Brus the Compe.^=The countess of Carrick, named Martha, widow earl of Gloucester. I titor, ob. 1295. I of Adam de KUconath. Robert de Brus, ob. 1304, s. p. Robert de Brus, earl of Carrick, and afterwards king of Scots. BRUS, AOCOBDING TO HoRNBY. Robert Brus, a Norman, 1066, at which time he came over with William the Conqueror.^ Robert Brus, ob. 1141.^Agnes, daughter of Fulk and granddaughter of Ralph Paynell. Adam, of Skelton, — (his issue not continued.) Eufemia,=f Robert Bruce, (the first) of Annandale, ob. 1199. I ' 1 _ 1. Robert, mar. Isabel, natural dau. of William, k. of the Scots, ob.vi. pat. s. p. 2. William, ob. 17 k. John, 1216.-p. . Robert Brus, (the second) of Annandale, ob. circ. 30 Hen. III., 1252.=plsabel, dau. of David, earl of Huntingdon. a VOL. I. T 138 BARONIA ANGLICA CONCENTRATA. Robert," the competitor, ob. 1295, bur.^plsabel, daughter of Gilbert de Clare, earl of Gloucester, at Gisburne, near his father. | born 1226, married 1240. I I , 1 Christian, married Robert, earl of Carrick.-pMargaret, daughter and heir of Niel, Bernard Bras, Patrick, earl of jure uxoris, obiit 32 of | earl of Carrick, widow of Adam of Couington. Dunbar & March. Edw. I. | de KUconath. I ' I I 1 I 1 I I I I I I I I Isabel, daughter of Donald,=^Robert, king of-pMary, daugh. of Aymer de Edward, Niel, Nine daughters, earl of Mar. (1st wife). Scots, ob. 1329. | Burgh, earl of Ulster. (2w). Thomas, Alexander. Margery, married Walter Stuart, High Steward of Scotland. David Brus, king of Scots, ob. s. p. 1371. a QiuPTe a wife Christiana, who survived him? named in Bums*s Cumberland, (vol. ii. p. 198), widow of Thomas Lascelles, and daughter of Treby. BRYAN.— (24 Edw. III.) The early part of the genealogy of this family is very contradictorily given in the seve- ral pedigrees relating to it ; but as no parliamentary barony was acquired by it before the reign of Edw. III., it is not necessary to endeavour to reconcile the discordant state- ments. Guy de Brian, son and heir of a preceding Guy, was first summoned to parliament * Esch.i4Ric. the 24 Edw. III., and from thence to the 13 Ric. II., the year after which he died.* ■' °°' ■ During his life he was a very eminent and distinguished person and military commander, was created a knight of the garter by king Edw. the III., and was in great favour with that warlike monarch. He had issue a son Sir Guy de Bryan, junr., who died in his lifetime, leaving two daughters his co-heirs, and co-heirs to their grandfather the baron at the time of his death, the 14 Ric. II. Of these daughters, Philippa the eldest, married first, John, son of Sir John Devereux, knt. ; and secondly. Sir Henry le Scrope, knt., but had no issue. Elizabeth, the youngest daughter, married Robert, son of Sir John Lovel, t Dug. Bar. knt., between which daughters the estates were divided.f 153.3.' ' Here it is to be observed, that Sir Guy de Bryan the baron had two sisters, viz. Elizabeth, who married Robert Fitz-Pain ; and Philippa, who wedded Sir John Chandos, neither of whom could have any pretension to the barony, as not being descended from the baron ; as such, the attributing the barony of Bryan to the Percy family is errone- ous ; and consequently it cannot be vested in the duke of Northumberland, though flatteringly ascribed to him by various peerage writers : but even had the barony been one descendable to the house of Percy, it would have been forfeited by the attainder of Thomas the seventh earl of Northumberland ; and if not forfeited, would, with the barony of Percy and other baronies, have fallen into abeyance between his five daughters and co-heiresses, t Vide Percy. fj^Q^ none of which the present duke is descended.^ BABONIA ANGLICA CONCENTRATA. 139 Guy de Bryan. ^ I 1 1 Sir Guy, K. G., summoned to-n-Elizabeth, daughter of William, Elizabeth, married Philippa,* mar- ~ earlofSarum, widow of Hugh Robert de Grey, ried Sir John le Despenser. alias Fitz-Pain. Chandos. parliament 24 Edward III ob. 14 Richard II. Sir Guy de Bryan junior, oh. vi.=^Alice, daughter and William, s. p. Philip, s. p. pat. — Will proved 31 March, 1386, I heir of Sir Robert Ob. vita Alice, widow of Sir Guy de Bryan, by Alice his widow. de Bures.'' junior. — Vide Esch. 13 Hen. VI, Philippa, set. 12, married 1st, John Devereux ; 2nd, Sir Hen. le Scrope, s. p. Elizabeth," set. 9.-pRobert Lovel. I ' Sir Richard .Stafford. (1st h).=pMaud, dau. and heir. Will dated 11 May, 1436.'' =pJohn, earl of Arundel. (2nd h). r ' r ' 1 Amicia or Avicia, married James, earl of Humphrey, earl of Avicia, married Sir James Ormond and Wilts, s. p. Arundel, s. p. Ormond, knt., s. p. a There is said to have been another sister Margaret, who married John Erleigh, probably of the half blood. b Her portraiture in brass, in Aketon church, in co. Suff. Ob. 7 March, 13 Hen. VI., Elizabeth, late wife of Robert Lovel, her heir, ffit 48. — Inq. at Glouc. c Called AUcia in Esch. 35 Hen. VI., No, 18. 'I In her will dated 11 May, 1436, she mentions Humphrey her son ; and leaves to Avice, her daughter, wife of Sir James Ormond. knight, her French book, and desired to be buried in the Abbey of Abbotsbury. — Lodge, in his Peerage of Ireland, says that James But- ler, earl of Ormond and Wiltshire, married to his first wife Avitia, daughter to John earl of Arundel, heir to her brother Humphrey ; and to his second, Avicia, daughter of Sir Richard Stafford, a great heiress. BULLEN.— (7 Hen. VIII.) Thomas, son of Sir William BuUen, (or Boleyne) of Blickling in the county of Norfolk, by Margaret, daughter and co-heir of Thomas Butler, earl of Ormond, who from the 11 Hen. VII. to the 6 Hen. VIII. had been summoned to parliament among the barons of England, by the designation of Thomas Ormond de Rochford, Chev', and grandson of Sir Geoffrey Bullen, (Lord Mayor of London) by Aime his wife, one of the daughters and co-heirs of Thomas lord Hoo, and Hastings ;* had summons to parliament among the * p ggj. barons of the realm the 7 Hen. VIII. by the title of Thomas Bullen de Ormond Chev'. fo'- "• P- 306. In the 21 of the same reign he had summons as Thomas viscount Rochford, and in the 25 Hen. VIII. as Thomas earl of Wiltshire,t the king having created him earl of Wilt- .j. p„g ■^J^^^ shire to the heirs male of his body, and of Ormond to his heirs general.! 2*,?""!;, t, •' . i "'• 21 Hen. He married Elizabeth, daughter of Thomas duke of Norfolk, and died the 30 Hen. VIII., p. 2. VIII., having had issue George viscount Rochford, his only son and heir apparent; Anne, the unfortunate wife of king Hen. the VIII. ; and Mary, who married WUliam Carey, esq., who by her was father of Henry, created lord Hunsdon by his cousin queen Elizabeth. George viscount Rochford was one of the most accomplished noblemen of the court, and had summons to parliament in the lifetime of his father, but fell a victim with his sister queen Anne to the sanguinary jealousy of the libidinous king. He was com- 140 BARONIA ANGLICA CONCENTRATA. mitted to the tower the 2nd of May, arrainged and beheaded the 1 7th of the same month, anno 1536. He married Jane, daughter of Henry, eldest son and heir apparent of Henry Parker lord Morley, a most infamous woman, but died without issue, leaving his father to lament in deep sorrow, and melancholy, the execrable immolation of his t\vo accom- plished children. Sir Geoffrey BuUen, lord Mayor=pAime, eldest daughter and co-heir of Thomas lord Hoo and Hastings, of London, anno 1458. I and only daughter by Elizabeth his second wife. Sir William, ob. 1505, buried in Norwich cathedral by the=pMargaret, sister and at length co-heir to James Butler, side of Anne his mother. I earl of Ormond and Wiltshire. Sir Tho. Bullen, created earl of Wiltshire & Ormond, ob. 1538.=pElizabeth, dau. of Thomas Howard, duke of Norfolk. I 1 ' 1 George viscount Rochford, beheaded 17 May, Anne, beheaded-pKing Henry Mai-y -pWiUiam Carey, 1536, vi. pat., ob. s. p. vi. pat. | VIII. Bullen. | armiger. Elizabeth, only child, queen of Henry, created Baron Hunsdon, ob. 1596,=f:Anne, daughter of Sir Thomas England, obiit innupt. buried in Westminster Abbey. | Morgan, knight. I 1 George, 2nd baron Hunsdon, ob. IGOS.^Elizabeth, daughter of Sir John Spencer of Althorp, knt. Other issue. Elizabeth, only daughter and heir.^f^homas, son and heir apparent of Henry lord Berkeley. A quo the present earl of Berkeley, heir-general of the body of Sir Thomas Bullen, earl of Wiltshire and Ormond, and baron Bullen de Ormond. BULMER.— (16 Edw. HI.) Ralph de Bulmer, son of John de Bulmer, by Theophania his wife, one of the daugh- ters and co-heirs of Hugh de Morewyke, reputed a baron in the county of Northumber- land, had summons with the earls and barons, equis et armis, to a great council at New- castle-upon-Tyne, the 1 Edw. in., and after to several parliaments from the 16th to the * Dugd. Bar. 23rd of the same reign ;* he died the 31 Edw. IH., leaving and Lists of Ralph Bulmer, his son and heir, aged sixteen, who the 36 Edw. HI. making proof Summ. ^ ... of his age, and performing his homage, had livery of his lands, but died about four years after, the 40 Edw. HI., without having been called to parliament, leaving his wife Mar- garet surviving, and Ralph his son and heir little more than twelve months old ; but neither he, nor any more of the family ever had summons to parhament, though the male line long continued, till Sir John Bulmer, who was concerned in the pilgrimage of grace, was attainted f but Sir Ralph his son, was restored, which Sir Ralph Bulmer married Anne, daughter and heir of Sir Thomas Tempest of Brough, and died leaving only female issue, seven or eight daughters, whereof he only a He was hung at Tyburne, and his wife burnt in Smithfield. — (Vide F. Thynne's Chrunicle.) BARONIA ANGLICA OONCENTBATA. 141 acknowledged three, ^^z: Joan, who married Francis Cholmley, of Roxby, s.p. ; Frances, who married Constable, of Cliffe, and had issue ; and Milieent, who wedded Tho- mas Grey of Barton ; but the other daughters, Hutchinson in his History of Durham asserts, he would not acknowledge. BURGH.— (1 Edw. III.) William de Burgh had summons to a parliament to be holden at York, the 1 Edw. III., and to another parliament in the following year,* but never after, nor any of his , jj LisU. descendants, if he left issue ; but who he was no mention is made by Sir William Dug- dale, in his Baronage, the name only appearing in his Lists of Summons. On referring to the account of the De Burgh family in Lodge's Irish Peerage, it is stated that Richard de Burgh, second earl of Ulster, by Margaret his wife, daughter to John de Burgh, baron of Lanvallei (son of John, son of John, son of Hubert de Burgh, earl of Kent,) had five sons, whereof William the fifth son died after the year 1337, which leads to a surmise that he might be the William summoned in the 1 and 2 Edw. III., annis 1327-8. W^illiam de Burgh, his nephew, (son of his elder brother John, who died vita patris earl Richard.) became the third earl. He was born in 1312, so that he could not be above fifteen years old at the date of those summonses, a period rather too early to suppose they were addressed to him ; yet Lodge says, he was knighted at London on Whitsunday, 1328, and the next year sat in the parliament holden in Dublin. He was assassinated in June 1333, being then only twenty-one years of age. His mother was Elizabeth, third daughter of Gilbert de Clare, earl of Gloucester, by Joane of Acre, his second wife, daughter of king Edw. I., so that he was nearly allied to king Edw. III., and in such respect might obtain so premature a mark of honour. BURGH, OR BOROUGH.— (3 Hen. VII). Thomas Burgh, or Borough, (son of Thomas by Ebzabeth his wife, one of the daugh- ters and co-heirs of Sir Henry Percy, son of Sir Thomas Percy by Elizabeth his wife daughter and co-heir to David de Strabolgi, earlof Atholt in Scotland)" was summoned ^ vide Atbol. to parliament the 3 Hen. VII., as Thomas Burgh, Chevalier, and had further summons to the 1 1 Hen. VII., shortly after which he died. Edward his son and heir does not appear to have had the like summons. He married Anne, daughter and co-heir to Thomas lord ^ By this alliance the manor of Gainsborough came to the Percy family ; and from thence to the Burgh's or Borough's, 142 BARONIA ANGLICA CONCENTRATA. * Vide Banks' Cobham, of Sterborough, and thereby acquired to his heirs a claim to that barony ; * by Bar., vol. i. p. her he had issue Thomas, the next baron, summoned to parliament from the 21 Hen. ' VIII to the 6 Edw. VI., whose son WiUiam succeeded to the barony, and was summoned from the 1 queen Mary to the 1 queen Elizabeth. Thomas his son was summoned from the 5 to the 39 queen Elizabeth. Robert his son and heir dying young left his sisters his co-heirs, and the baronies of Cobham of Sterborough and of Burgh have ever since remained in abeyance between their descendants. Of these sisters, Elizabeth mar- ried George fourth son of the lord Cobham, and is represented by the heirs-general of Alice Brooke, who married Sir William Boothby ; Anne married Sir Drew Drury ; and Frances, Francis Coppinger, Esq., whose descendant sometime since took the name of Burgh by royal license ; and Catherine married Thomas Knevet, esq., represented by the present lord Berners and the other co-heirs of that barony. It is here to be remarked, that Dugdale asserts that Thomas, the fourth lord Bo- rough, married Elizabeth, daughter of Sir David Owen, and in the .34 Hen. VIII. obtained a special act of parliament to bastardize her issue, as being begotten by some other per- son, but on referring to the act, it appears that they were described as the children of Sir Thomas Borough, then deceased, thereby manifesting that it was his eldest son Tho- mas, who died in his lifetime, who married the said Elizabeth, and not he himself; the object therefore of the act was to bar the succession of the said children upon his decease. BURGHERSH.— (32 Edw. I.) Robert de Burghersh, warden of the Cinque Ports, temp. Edw. I., had summons to parliament the 32 and 33 of that reign, if they are to be considered regular writs. He died the following year, leaving Stephen his son and heir, who never was summoned. Bartholomew Burghersh, son of Stephen, married Elizabeth, one of the daughters and co-heirs of Theobald de Verdon, a very great and powerful baron, and thereby brought into his family a co-inheritance to that title. He had summons to parliament from the 4th to the 28 Edw. III. He was succeeded by his son and heir, another Bar- tholomew, who had summons only in the 41 and 42 Edw. III., and died the year follow- ing, leaving Elizabeth, his sole daughter and heir, married to Edward lord Le Despenser, with which barony that of Burghersh thereby became united ; but as the barony of Le Despenser became aftei-wards attainted, all the other dignities united in it were forfeited, and unless there was a reversal of the attainder, they, strictly speaking, now remain so extinguished. — (Vide Despenser.) The barony of Burghersh, now in the earl of Westmorland, was not created by writ, but by patent, with Kmitation to issue male. BARONIA ANGLICA CONCENTRATA. 143 Though Stephen has been made the father of the first Bartholomew de Burghersh, by following Dugdale's account of the family, there is reason to believe the subsequent descent is the most correct. Robert de Burghersh. — Esch. 34 Edw. I. n. 41.-| I 1 1 "-. n Stephen, son and heir, set. 23, 34 Edw. Bartholomew, summoned to Henry, bishop of Lincoln, s. p. Robert. I., ob. 3 Edw. \U.—Esch. k. 41. -, parliament 4 Edw. III. Esch. 15 Edw. III. n. 39. John. ' 1 Walter de Paveley, ob. 1 Edw. III. — Esch. n. 5.-i-Maud Burghersh, dau. and heir of Stephen.^yThomas de Aldon. Walter de Paveley, set. 8, 1 Edw. III., cousin and heir of Thomas de Aldon, heir to Walter de Henry Bishop of Lincoln, (i. e. great nephew).-] Paveley, of the lands of Burghersh. Walter Paveley. ob. s. p., 4 Ric. II. Besides Bartholomew de Burghersh, before noticed, there was a Robert de Burgh- ersh, probably brother to Bartholomew, and to Henry the bishop, at whose feet he was buried in Lincoln cathedral. He had a son Bartholomew, buried at Lincoln, where they founded a grammar school for five priests, and five poor scholars. There was likewise an Henry de Burghersh, a knight in the 21 Edw. IIL,* who married Isabel, one of the * Dugd. Bar. sisters and co-heirs of Edmund de St. John, of Basing in com. Southampton, and died the 23 Edw. IIL, lea\nng Bartholomew his brother and heir, set. 26, and Isabel his wife surviving, who afterwards married Lucas de Poynings. Of this family, (continues Dugdale)t was John de Burghersh, who married Maud, f ibid. one of the daughters and heirs of Edmund Bacon of , in com. Essex, and died before the 31 Edw. IIL, leaving a son John, then in minority, who claimed to be cousin and heir to William de Kerdeston, his grandfather ; but this claim being controverted by William de Kerdeston as son and heir of the said William, he the son prevailed therein. This John died circ. 19 Ric. II., leaving by Ismania his wife, daughter of Hanham, in com. Glouc. two daughters his co-heirs, viz. Maud, who married Sir John Grenevil, knt. ; and secondly. Sir John Arundel ; and Maud the wife of Tliomas Chaucer. But none of this line of Burghersh had ever summons to parliament. BURNELL.— (5 Edw. II.) Edward, son of Philip Burnell, of a very ancient family, was summoned to parliament from the 5 to the 8 Edw. II., and died the following year s.p., leaving Maud, then the wife of John de Handlo, (and widow of John Lovel of Tichmersh) his sister and heir, on whom he settled his baronial lands, and whose descendants thereupon assumed the name of Burnell.j + Vide Handlo 144 BARONIA ANGtMCA CONCENTRATA. HANDLO BURNELL.— Second Barony.— (24 Edw. III.) Nicholas, second surviving son of John de Handlo and Maud Burnell his wife took the surname of Burnell, and by that title had summons to parliament from the 24 Edw. * Dug. Bar. III. to the 6 Ric. II., when he died, leaving Hugh his son and heir, eet. 36 ;* which Vol. u. p. 62. Hugh, second baron Burnell, had summons from the 7 Ric. II. to the 8 Hen. V., t Ibid. in which year he died. He married, according to Dugdale, t Joice, daughter of John Botetourt, grandchild and heir of Sir John Botetourt, and had issue a son Edward,* who died in his lifetime, leaving by Alice, daughter of lord Strarge, three daughters, co- heirs to their grandfather, viz. Joice, aet. 24, who married Thomas Erdington, junr. ; Catharine, set. 14, who married Sir John RatclifFe ; and Margaret, eet. 11, who became the wife of Edmund, son of Sir Walter Hungerford, of Down Ampney, knt., of which Edmund descended the family of Dunch, hereafter mentioned. BURNELL.— Third Barony.— 1658. From the time of the death of Hugh lord Burnell, the 8 Hen. V., the barony remain- ed in abeyance, till in 1658, its name was revived in the person of Edmund Dunch, who married Bridget, sole daughter and heir of Sir Anthony Hungerford, of Down Amp- ney, in the county of Wilts, lineal heir of the body of Edmund Hungerford, who married Margaret, one of the three granddaughters and co-heirs of Hugh the last lord Burnell. This Edmund Dunch was son and heir of Sir William Dunch, by Mary, yoimgest t Noble's daughter of Sir Henry Cromwell, grandfather to the protector Oliver,! by which alliance well Fam. Vol' he was nearly related to him, and much beloved and respected by him. The protector II., p. 195. created him baron Burnell, of East Wittenham, in the county of Berks,'' to his heirs male for ever, teste 26 April, 1658 ; a title to which his wife had an unexceptionable claim, and as such the creation was not a disparagement to Cromwell's conferring on him the dignity, any more than that of creating colonel Charles Howard, baron of Gillesland and viscount Morpeth. After the restoration he had expected his patent to have been confirmed, but his influence was not like that of the Colonel, who was re-created into the a In the claim of Mr. Norborne Berkeley to the barony of Botetourt, it seems to have been there considered that this Joice Botetourt died s.p., so that Edward must have been a son of Hugh lord Burnell by some other wife, for otherwise he would have had a preferable claim to that of Mr. Norborne Berkeley. b His seat was not at East, but at Little Whittenham, at which place are many monuments of the family, BARONIA ANGLICA CONCENTRATA. 145 same Cromwellian honours. The name of his son Hungerford Dunch, was however set down for a knight of the Royal Oak, had that institution taken place.* * Banks's In considering the legality of the peerages created by Cromwell, much observation may be made. It has ever been deemed a vested power in the sovereign defacto,f to t Act of Pari. create honours ; and incumbent on the people to obey the ruling prince, in possession of the government. The kings Henry IV., V., and VI., were usurpers ; they were declared so by parliament, and they were attainted rj but the titles conferred by them were never + Prynne's declared void. Richard III. was an usurper, but he created John lord Howard, duke of Tower Records Norfolk; and his son, earl of Surrey. King William III., was not king de jure of in- heritance, he was merely so by the force which compelled king James to retire ; yet he conferred numerous honours remaining at this day. Upon a parity of argument, or rea- soning, it may be asked, if the restoration of Cha. II. cancelled all the acts of prerogative power, which Cromwell as protector of the Commonwealth of England was duly autho- rized to exercise, what would be the consequence of re-action upon the restoration of the right heirs of the Stuart family ? Tlie government was conferred upon CromweU by the people, the fountain of power ; but the so doing has been called rebeUion, and that great man an usurper. Admitting this to be true, what then was the revolution of 1688 ? The term may sound better than rebelhon, yet in act and fact, the one is synonymous with the other, and the same opprobrious denomination of usurper respectively applicable. However what is in the womb of time no one can tell or forsee. BURNELL BARONY. Philip Burnell, ob. 22 Edw. I.=pMaud, daughter of Richard, earl of Arundel. I ' 1 Edward Burnell, summoned to John de Handlo,=7=Maud Burnell, sister and heir=7=John Lovel, of Tichmersh, parliament 5 Edw. II., ob.s.p. (second hus.) I to her brother Edward. I (first husband.) I , ' 1- , 1. Richard, ob. vi. pat. 2. Nicholas took the name of Burnell ; summoned^ Issue. (Vide Haiidlo.J to parliament, 24 Edw. III., ob. 6 Rich. II. | (Vide Lovel.) I Hugh Burnell, ob. 8 Hen. V.^Joice de Botetourt. T Edward, ob. vi. paL-pAlice daughter of Lord Strange. , ., 1 , Joice, daughter and co-heir, act. Catherine, set. 14 ; mar. Sir John Margaret, set. 11 ; married Edmund, son 24 ; mar. Thos. Erdington, junr. Ratcliffe, (Vide Fitz- Walter.) of Sir Walter Hungerford. (Vide Tab.i.) TABLE II. Edmund Hungerford.^Margaret Burnell. Sir Thomas, son and heir, ob. 1523.=rChristian, daughter of John Hall, of Salisbury. Sir John, eldest son, ob. vi. pat.=^Margaret Blount, of Mangotsfield, county of Gloucester. r~^ ' Sir Anthony, eldest son, ob. 1559.^^ane Darell. a VOL. I. U 146 BARONIA ANGLICA CONCENTRATA. Sir John, eldest son, ob. 1583.=^Bridget Fettyplace Sir Anthony, eldest son, ob. 1589.=FBridget, daughter of Sir John Shelly. I Sir John, eldest son, ob. 1634.^Mary, daughter of Sir Richard Berkeley. , 1 Sir Anthony, eldest son. ob. 1637.=FEli2abeth, daughter of Sir Thomas Lucy. Bridget Hungerford, only d. & h.=f:Edmund Uunch, or. baron Bumell, of Wittenham, co. Berks, ob. 24 Aug. 1678. Hungerford Dunch, son and heir, ob. 1680.^Catharine , ob. 4 Sept. 1697. (called the Lady Catharine.) Edmund Dunch, ^Elizabeth, daughter of Colonel Godfrey, by Arabella ob. 31 May 1719. I Churchhill, sister to John, Duke of Marlborough. I ' 1 1 1 1. Elizabeth, mar. Sir John Oxenden, 2. Harriet, mar. Robert, 3. Catherine, 4. Arabella, mar. Edw.Thomp- of Dean, in Wingham, co. Kent, bart. Duke of Manchester. died young. son, of Marston, co. York, esq. N.B. — 1, 2, 4. See these daughters named io the Journals of the House of Lords, Vol. xxi., p. 170. BUTLER OF SuDLEY.— (Vide Sudley.) Sib William Dugdale in his Baronage, asserts that William Boteler, or Butler, who married Joan, sister and heir to John lord Sudley had summons to parliament the 42 and 43 Edw. III. ; but on referring to the List of Summonses, it appears that it was his half brother William Boteler, of Wemme, who was summoned in those years, and conse- quently that he never was at all summoned. This William, by the said Joan Sudley, his wife, had issue a son Thomas Boteler, who the 4 Ric. IL, making proof of his age, had livery of the lands of his mother's inheritance ; but was never summoned to parliament ; he died the 22 Ric. IL, leaving John Boteler, his son and heir, who never had summons, and dying s.p., was suc- ceeded in the inheritance by his brother Ralph Boteler, who became a person of great eminence in his time, so much so, that in September, the 20 Hen. VI., he was created a baron of the realm, by the title of lord Sudley, of Sudley, in the county of Gloucester, to hold to himself, and the heirs * Pat. Rot. 20 male of his body.* Although a strenuous supporter of the House of Lancaster, yet upon Hen. VI. ra. jjjg f^^jj of Hen. VI., he obtained so much favour from king Edw. IV., as to have the + Rot. Pat. 1 king's letters patent to excuse him from attending parliament during his hfe.t But Edw. IV. p. 3, afterwards the kins: caused him to be attached and brought to London, when it is asserted m. 24. Vide ° . . Rot. Parl.Vol. that as he was on his way, he looked back from a hiU upon Sudley castle, and exclaimed "■ ^' ' " Sudley castle thou art the traitor not /." Dying without surviving issue, his barony by patent became extinct : but whatever claim he might have to the ancient barony of BARONIA ANGLICA CONCENTRATA. 14? Sudley by writ, descended upon his sisters and co-heirs, whereof EUzabeth married Sir Henry Norbury, and Joan, the other, Hamon Belknap, esq. He had two sons, of which Ralph died young ; and Thomas married Eleanor, daugh- ter of John Talbot, first earl of Shrewsbury, but died vi. pat. s.p., leaving the lady Elea- nor, his wife surviving, who was the lady which king Ric. III. pretended his brother Edw. IV. had been married to before, and at the same time that he contracted himself to the lady Elizabeth Grey. BUTLER, OF More Park.— (31 Car. II.) Thomas, eldest son of James Butler, first duke of Ormond, was summoned to parliament 31 Car. II., as baron Butler, of More Park, in the county of Hertford. He died vi. pat., leaving James, his son and heir, who succeeded his grandfather as second duke of Ormond, in 1688, and was afterwards attainted in 1715, when all his honours became forfeited. CAILLL— (2 Edw. II.) Thomas ue Cailli was summoned to parliament the 2, 3, and 4 Edw. II., and dying the 10 Edw. II., s.p., the barony, if any was created by the said writs of summons, became extinct. He was the son of Sir Osbert de Cailli, by Emme, eldest sister and co-heir to Robert de Tatshall, and thereby obtained the manor of Buckenham in Nor- folk, which had come to the Tatshall family, by marriage with one of the four co-heirs of Hugh, the last Albini earl of Arundel. — fVide Tatshall.) CAMOIS.— (49 Hen. III.) Ralph de Camois was summoned to that parliament which was called in the king's name by Simon de Montfort, the 49 Hen. III. ; but this summons cannot be esteemed the creation of any descendable barony, for it did not comprehend the chief body of the earls and barons, but only a few, and those not the king's friends. John his son and heir never had summons ; but Ralph de Camois, his son, had summons fi-om 7 Edw. II., to the 9 Edw. III. Thomas son of Ralph never was summoned, whose son and heir apparent, Ralph, died vi. pat. Thus there was a dormancy from 9 Edw. III., to the 7 Ric. II., when 148 BARONIA ANGLICA CONCENTRATA. Thomas de Camois, son of John, represented to be second son to Ralph, summoned the 7 Edw. II., was called to parliament, and had summons from the said 7 Ric. II., to the 8 Hen. V. ; which, if a creation at all, must be considered as one de novo, for there is no proof of a sitting in the person of his grandfather Ralph, summoned the 7 Edw. XL, whose son was never at all summoned. Thus it woidd appear that the summons to Thomas de Camois was like others cus- tomary in those days, not meant as a creation of a personal descendable honovir, but as incident to a tenure in capite, where the king ad arbitrium swum, could summon any particular tenant for advice in parliament, without being obliged to call his heirs and successors in descent. This Thomas had a son Richard who died before him, leaving a son Hugh heir to his grandfather, but who died in minority, 4 Hen. VI., s.p., when his sisters, Margaret, who married Ralph Rademill, and Eleanor (or Alianora) who married Roger Lewknor, became his heirs. Thus, from the 4 Hen. VI., to 1838, a period upwards of four hundred years, this barony, if it ever was one descendable, undivested of territorial possession, has remained to this age of old peerage claiming, dormant ; and has only recently been thought of; poli- tical influence most probably inducing a claim thereto. After a long investigation before the lords' committees of privileges, it was resolved to be in abeyance among divers co- heirs, descended from the before named Margaret Rademill, and Eleanor Lewknor. Of these, Thomas Stonor, of Stonor, co. Oxon., esq., a roman cathoUc gentleman of very ancient family, descended from Margaret Rademill, was by her majesty queen Victoria selected to have the barony, and the abeyance was determined accordingly, in his favour. The other co-heirs descended from Margaret Rademill, were Anthony George Wright, who had taken the name of Biddulph ; Henry L'Estrange Styleman, of Huns- tanton, CO. Norfolk, esq. ; and Sir Jacob Astley, of Melton Constable, bart., now lord Hastings. And those from Eleanor (or Alianora) Lewknor, were Harriet Anne, baroness Zouche and her sister Katharine, wife of Capt. G. R. Pechell, R. N., and Sophia, widow of the chevalier Ferdinand de la Cainea, sole surviving daughter and heiress of Sir Richard Mill, the sixth baronet. CAMVILLE.— (22 Edw. I.) Geoffrey de Camville had summons the 22 Edw. I., to attend the king at Ports- mouth, and summons to parliament from the 23 to the 35 Edw. I., and died 2 Edw. II., being then seised in right of Maud his wife, daughter and heir of Guy de Bryan, by Eve, BARONIA ANGLICA CONCENTRATA. 149 his first wife, daughter and heir of Henry de Tracy, of the lands in barony of the said Henry de Tracy, which came to her in partition of that barony. William de Camville his son and heir had also summons to parliament the 2 and 4 Edw. II., but not afterwards. He had only female issue; whereof the record* thus *Rot. Pat. ii . , . , Edw. III. m. recites, viz : — " Pro Matilda qucefuit uxor Rici de Vernon, et Eleanora sorore ejus, filia- 27, pars. 2. bus et hmred' TVill'i de Campvill, pro Man' de Lanstephen, in com. Carnar' in Wallia'." Another authority represents,t that he had five daughters his co-heirs, viz : — first, Maud t ''''• ^^■'.°''° the eldest, wife of Sir William Vernon, of Haddon, co. Derby ; second, Isabella, married Bibi. Mr. As- tle first to Sir Richard Stafford, and after to Gilbert de Bermingham ; third, Eleanor ; fourth, Nichola wife of John St. Clere ; fifth, Catharine, wife of Roger (or Robert) Griesly. — fEsch. WallicB anno 12 Edw. III.)'' However, whether he had only two or five daughters, his barony, if any was created, by either the writs of his father, or those continued to himself, as it would seem in right of succession, has continued ever since his death unclaimed ; though the heirs represen- tatives of the aforesaid two or five daughters might have as good a pretension to the dignity as the heirs of Camois. Length of time is no bar to the contrary, — the proof of a sitting may be different ; but, though an entry that a certain person summoned was appointed a trier of petitions is evidence of his being present, it is no evidence that the other persons named in the same writ were not also present, for by whom were the triers nominated, but by other earls and barons then assembled ? and they liable to be fined for non-attendance.l * ^'<** ^**f- * ford of Clifton. CANTILUPE.— (28 Edw. I.) WrLLiAM DE Cantilupe, SOU and heir of Nicholas who married Eustachia, sister,'' and at length heir, according to Dugdale, of Hugh Fitz-Ralph, lord of Gresely, in the county of Nottingham, and heir also of Peter de Hay, was summoned to parliament from the 28 Edw. I. to the 2 Edw. II., inclusive, also to the coronation of Edw. II., and died the year following, leaving a son William who died s.p., and Nicholas heir to his brother ; which Nicholas de Cantilupe had summons to parliament from the 11 to the 28 Edw. III., and in the 18 Edw. III. was appointed one of the barons triers of petitions.§ He died § ^°^ ^*'''- the 29 Edw. III., according to one inquisition, leaving William his son and heir then thirty years of age; and according to another inquisition he died 45 Edw. III., William 1 Erdswic gives him only one daughter, Maud, married first to Vernon, and after to Stafford. Burton gives two in his History of the county of I^eicester. >> Eward, daughter of Hugh Fitz-Ralpb de Greseley. — COrigin. 45 Hen. III.) 150 BARONIA ANGLICA CONCENTRATA. his next heir then twenty years old. But the first seems the most correct, as Joan his widow is said to have founded a chantry for the good of his soul. However, in what- ever year he died, neither his son nor any of his descendants ever had further summons to parliament, of whom no mention is made by Dugdale ; yet, in accordance with late decisions, this barony is a claimable one, a sitting being on record of Nicholas de Canti- lupe, as before mentioned in the 18 Edw. III. The family of West descended from Dr. Gilbert West, who married Mary, sister to Sir Richard Temple, lord Cobham is considered to be an heir to this barony. ' The title of Cantilupe in the earl Delawarr has not any connection with this barony. Having before observed that there were two inquisitions appearing at variance with each other, the following pedigree may explain the same, showing that the last inquisi- tion applied to Nicholas the grandson of the first named Nicholas. PEDIGREE. William de Cantilupe, ob. 3 Edw. 11. William, ob. s.p. Nicholas, baron de Cantilupe, ob. 29 Edw. III. William, set. 30, apud mort. pat. Nicholas, ob. 45 Edw. III., s.p. William, set. 20, apud mort. fratris ob. s.p. 49 Edw. III. After the death of William de Cantilupe, s.p, the 49 Edw. III., upon a partition of lands in the reign of Ric. II., the manor of Middle-Clayton and others in the cotmty of Buckingham, &c., passed to the Zouches. — fRot, Fin. 14 Ric. II., m. 12, Ebor.J But this seems in virtue of some entail in default of male issue, as the record before cited man- ifests, that Thomas Astley was cousin and heir of William de Cantilupe, but as heir-ge- neral in the female line. The first William de Cantilupe, in the 29 Edw. I., was one of those barons whose seal was affixed to the letter then written to the pope, being styled, " fVillielmus de Can- tilupo Dominus de Ravensthorpe." CHAUVENT OR CHAMPVENT.— (28 Edw. I.) Piers sive Peter de Chauvent is mentioned to have been summoned to two parlia- ments in the 28 Edw. I., the one to meet at London, the other at Lincoln. In the par- liament at Lincoln he is named as one of those barons, who though summoned, did not » Rex confirmavit Thomse Astley arm. consanguineo et heredi Willi deCantilupo per ampla libert' infra omnia dominia maneria et hereditam' sua infra regnum dicto Will'o concess per 24 Chart. Hen. III. — fPat. Rot. 26 Hen. VI., p. 2, m. 27.) BARONIA ANGLICA CONCENTRATA. 151 affix their seals to the letter then sent to the pope touching the supremacy of England over the realm of Scotland. But after this period his name does not appear in any sub- sequent writs of summons, nor is any further account to be found of him as to any wife or issue. It is to be observed that in the writ of summons of the 26 Edw. I., to the earls and barons to attend at Carlisle equis et armis, they are particularly distinguished by their ranks, viz., comites et barones ; among the latter whereof is the name of Piers de Chauvent. CHANDOS.— (11 Edw. III.) Roger de Chandos, whose ancestors are said to have holden the barony of SnodhuU, had summons to parliament from the 11 to the 29 Edw. III., about which time he deceased, leaving Maud his wife surviving, and Thomas his son and heir who never had the like summons to parliament. He died the 49 Edw. III., set. 4.S, when by the inqui- sition taken it was found that John Chandos was his son and heir. This John Chandos was a knight, and died the 8 Hen. IV., 1407, s. p., leaving Alice, the wife of Thomas Brugge, (or Brydges as supposed) and Margaret the wife of Nicholas Mattesden, his nieces and coheirs, being daughters of his sister Margaret who died before him, widow of Sir Thomas Berkeley, of Coberly, knight. The heir-general of this barony, if it is to be considered one, is the duke of Bedford, through Brugge or Brydges, provided the family of Brydges, created baron Chandos by patent, and afterwards advanced to the title of duke of Chandos, be descended from the said Thomas Brugge and Alice Chandos his wife. CHAWORTH.— (22 Edw. 1.) Thomas de Chaworth, son of William by Alicia, daughter of Robert, and sister and co-heir (with Joane her sister, wife of Robert de Latham of the county of Lancaster) to Thomas de Alfreton, had summons to parliament among the barons of the realm, in the 22, 25, and 27 of Edw. I., but was not summoned to the parliament at Lincoln, 29 Fdw. I., wherein the famous letter to the pope was then agreed upon and subscribed, although his seal was thereto affixed, and he on that occasion was designated Tfiomas de Chaurcis de Norton. But neither he nor any of his family had the like summons, though they long flourished in the counties of Derby and Nottingham. 152 BARONIA ANGLICA CONCENTRATA. Thomas de Chaworth, summoned to parliament 22 Edw. I.=pJoanna. I ' William de Chawortli.=r Thomas de Chaworth. -pjane, daughter of Sir Geoffry Lutterel. I ' Thomas de Chaworth, ob. vi. pat.=pMargaret, daughter of Sir Richard Pole. I ■ ' William de Chaworth.^Alice, daughter and heir of John de Catoft.' Nicola, dau. of Sir Reginald Braybrooke. 1 w.=pSir Thomas Chaworth.^Isabella, d. of Thomas de Aylesbury. 2 w. I r^ : — ' I ' Elizabeth, wife of John lord Scrope, of Masham. Wm. Chaworth.^Elizabeth, dau. and coh. of Sir Nichs. Bowet."" I 1 Thomas, mar. Margaret, dau. of John, earl of Shrewsbury, — a lunatic, s. p. Joane, sister & heir.^John Ormond. I 1 1 Elizabeth, married Sir Anne, married William Joane, married 1st Thomas Denbam, 2nd Anthony Babington. Mering, s. p. Fitz William. » Co-heir to the barony of Basset of Drayton. — C Vide Bassei of Drayton. J b Marg;aret, sister to this Elizabeth Bowet, married John, next brother to William Chaworth. CHENEY.— (3 Hen. VII.) Sir John Cheney, (son of John Cheney of Thurland in the isle of Shepey, by Alia- nore his wife, daughter of Sir Robert Shotisbroke, and sister to Margaret, duchess of Somerset), was in reward for his services at the battle of Bosworth, and on other occa- sions, created by Hen. VII. on his advancement to the throne, a baron of the realm, and summoned to parliament from the 3 to the 11 Hen. VII. Dying the year following s.p., his barony became extinct. CHENEY, OF Todington.— (14 Eliz.) Henry Cheney, son of Thomas Cheney, (nephew of the former baron) by Anne his second wife, daughter and co-heir of Sir John Broughton of Tuddington, or Todington,* in the county of Bedford, was summoned to parliament from the 14 to the 31 queen Eliz., but dying s.p., his title also became extinct. His wife was Jane, daughter of Tho- mas lord Wentworth, and to her his estates passed on his decease, and were inherited by her relations. a This Sir John Broughton married Mary, daughter and heir of Thomas Peyvre, sixth in descent from Pauline Peyvre, who first built the so far famed house at Tuddington, temp. Hen. III., and whose descendants are mentioned in the second vol. of this work, inter Barones Pretermissi. — (Vide Lyson's Mag. Brit., vol. r. , p. 143, Bedford.) BARONIA ANGLICA CONCENTRATA. 15S CHERLETON.— (7 Edw. II.) John de Cherleton having married Hawise, sister and heir of Griffin ap Owen, other- wise Griffia de la Pole, so denominated from his residence at Pole, commonly called Welch Pole, in her right among other lands obtained the lordship of Powys, in the county of Montgomery. He had summons to parliament from the 7 Edw. II. to the 27 Edw. III., inclusive. John his son and heir had the like summons from the 28 to the 34 Edw. III., as John de Cherleton; and from the 36 to the 47 Edw. III., as John de Cherleton de Powys. John his son and heir, by the same distinction, was summoned from the 2 Ric. II. to the 2 Hen. IV., inclusive, when he died s.p., leaving Edward his brother and heir, which Edward, the fourth baron, was summoned from the 3 Hen. IV. to the 9 Hen. V., as Edward Cherleton de Powys, He died the following year, 1422, leaving his two daughters his co-heirs, viz. Joane the eldest, married to Sir John Grey, knt. ; and Joice, who became the wife of Sir John Tiptoft, and according to Dugdale, was summoned to parliament by the title of Lord Powys. But of this there is not any evidence, as al- though he had summons to parliament, the writ was merely personal, without any refer- ence to the designation of Powys : on the contrary, the lordship of Powys became the property of Joane the eldest daughter, and therefore not being in the possession of Tiptoft could not convey to him any pretence for being so summoned to parliament by that description. The first summons to Cherleton was personal, and if creative of a barony, it could only be by that description. But qusery how far the barony of Tiptoft became forfeited in Tiptoft, earl of Worcester. — fVide Tiptoft and Grey of Powys.J CLAVERING.— (28 Edw. I.) Roger Fitz-Richard was the first baron Warkworth, in the county of Northumber- land, and by grant of Hen. II. had the manor or barony of Clavering in Essex." He mar- ried one of the daughters and co-heirs (as it is said) of Henry de Essex, feudal baron of Raleigh, and by her had Robert his successor, whose son John had several sons, whereof Hugh the second having the manor of Eure, was ancestor to the barons Eure of that name. Roger Fitz-John, the eldest son, baron of Warkworth and also of Clavering, died " Rob'tus Fitz-Rogeri tenet Clavering de dono R^' H. scd'i de feod' Hen' de Essex p' unu' milite'. — Tert. rfe JVer. p. 269. VOL. I. V 154 BARONIA ANGLICA CONCENTRATA. 33 Hen. III., leaving his son and heir Robert, which Robert called Fitz-Roger, had summons to parliament from the 23 Edw. I. to the 3 Edw. II., in which year he died, leaving John his son and heir, who took the surname of Clavering. This John de Clavering had summons to parliament in the lifetime of his father, being summoned by the name of Clavering from the 28 Edw. I. to the 5 Edw. III.^ But it was his father who was one of the barons summoned to the parliament at Lincoln, and by the description of Robert Fitz-Roger Doniinus de Clavering, affixed his seal to the memorable letter then subscribed by the barons to be sent to the pope, touching the supremacy of England over the realm of Scotland. This may tend to show that although John de Clavering had summons as before mentioned vita patris, yet the barony o f Clavering was not in him at the time of his summons the 28 Edw. I. It is related by Dugdale that this John de Clavering being doubtful of having male issue, made a feof- ment to Stephen de Traiford, whereby he vested among other lands and hereditaments, the inheritance of his castle and manor of Warkworth in the said Stephen, conditioned to reconvey the same unto him the said John de Clavering for life, with remainder to the king and his heirs ; which castle, &c., thereupon coming to the crown by default of male issue, were given by king Edward to the Percy family, now represented by the duke of Northumberland. John de Clavering deceased about the 5 Edw. III., leaving an only daughter Eve * Blomf. Norf. (oi" Ela) his heir. She is stated* to have had four husbands, viz. first, Thomas de Aud- ley, by whom she had not any issue ; secondly, Ralph de UfFord, by whom she had t Vide Ufford. issue ;t'' thirdly, James de Audley, by whom also she had issue, viz. James, Peter, Avicia, J Monast. and Hawyse ;% fourth. Sir John de Benhall, but by him had not any issue. On her de- Ang. p, 8b7. pgase 45 Edw. III., she was interred in the Abbey of Langley, where her last husbaid Benhall was also interred. The barony has ever since remained unclaimed, or even pre- tended to l)e coalesced with any other, or merged in any superior title. Dugdale recites in his lists of summons that this John de Clavering was summoned to the parliament at 5 Lists of Sum Lincoln 29 Edw. I., but did not affix his seal to the letter then written to the pope.§ In a recently published work, entitled " Collectanea Topographica et Genealogica," which assumes the correction of Dugdale's errors, it doubts the four husbands of Eve de Clavering. It names the one Thomas, and not Ralph de Ufford, as recited by Dugdale, and other authorities ; and it says that James, lord Audley, of Heleigh, was found her son and heir, by Thomas, lord Audley, her first husband, but as Dugdale states in the Audley family that Thomas died s.p., and was succeeded by his brother Nicholas, whose a He was summoned to Carlisle equis et armis, the 26 Edw. I., on which occasion those to whom the writ was addressed, are distinguished by their ranks, viz, Comites et Barones, in which latter class John de Clavering is named . b Dugdale under Clavering says she had issue both by Ufford and Audley ; yet under Audley he states that Thomas de Audley died s.p., and was succeeded by his brother Nicholas de Audley. BARONIA ANGLICA CONCENTRATA. 155 name is contained in all the writs of summons, and who was father of James the next baron, this assertion appears not to be warranted. The Nonvich Monasticon,* gives the foundation of Langley Abbey, in the diocese * P- 33, etiam \Vc&vcr Fun of Norwich, to Robert Fitz-Roger de Clavering, lord of Horsford, circ. anno 1198, and Mon. mentions the following persons to have been benefactors thereto, and there interred, viz., Sir John de Clavering, buried in 1332, Dame Agnes Clavering, Sir James de Audley, Dame Eve Audley, Sir Robert de Benhall, Sir Thomas de Ufford, knight, and Dame Jane, daughter of Sir Robert Ufford. Weaver adds others of the Uiford family, as will be noticed under that head.f t Vide Ufford. It has been mentioned that John de Clavering made an infeofment by virtue whereof the castle of Warkworth, after his death was to revert to the king ; this taking place, it may be considered that Warkworth being the barony from the tenure, whereof the writs of summons to Robert Fitz-Roger first were directed to him, they were writs of service, and not of creative nobility descendable in blood, undivested of the land territory, in which respect Warkworth ceasing to be possessed by his heirs, the barony became ex- tinguished: a point which may apply to many other ancient baronies, whereof the tenants in capite, who were first summoned, had not the like summons continued to their des- cendants, of whom Dugdale, so frequently observes, that " he does not make mention, by reason they were not reputed barons." CLIFFORD, OR DE CLIFFORD.— (28 Edw. I.) Roger de Clifford married Isabella daughter and co-heir of Robert de Vipont, a great feudal baron, hereditary sheriff of Westmorland, and had a son John, who died in his lifetime; and another son Robert, who, the 13 Edw. I., being found cousin and heir to Ralph de Gauge, baron of Slesmouth, paid his relief, and had livery of the lands of that inheritance. In the 25 Edw. I., on the death of Richard Fitz-John, (a great baron in Essex), as son of Isabel, daughter and co-heir of Robert de Vipount, by Isabel his wife, sister and co-heir to Richard Fitz-John, he was found by inquisition to be one of the cousins and next heir to the said Richard Fitz-John. This Robert de CliflFord had summons to parliament from the 28 Edw. I. to the 7 Edw. II. (1313) and to the coronation of that king. In the 29 Edw. I., he was one of the barons whose seal was affixed to the letter then agreed upon in the parliament at Lincoln, to be written to the pope, on which occasion he was described, " Robertus de Clifford, Castellaniis de Appelby." He married Maud daughter and co-heir of Thomas, second son of Richard de Clare, earl of Gloucester. His successors continued to be summoned, till John de Clifford, the eighth baron from him, was attainted the 38 Hen. VI., and his honors forfeited. 156 BARONIA ANGLICA CONCENTRATA. Henry de Clifford, his son and heir, was afterwards restored in blood and honors, and had summons to parliament from the 1 to the 7 Hen. VII., and his son Henry was advanced to the dignity of earl of Cumberland, 18 June, 1525. George, third earl of Cumberland, grandson of earl Henry, died s. p. m., leaving an only daughter Anne Clifford, who became heir to the barony, the earldom becoming extinct. This great heiress was twice married, but had issue only by her first husband Richard, earl of Dorset. She claimed the barony of De Clifford, in 1628, and her peti- tion was appointed to be heard in the following session of parliament ; but no further proceedings were made thereon, and she died without having any declaration made on her claim. In 1691, Thomas Tufton, earl of Thanet, son, and idtimately heir of John, the second earl of Thanet, by Margaret, daughter, and eventually (on the failure of issue from her sister Isabella, countess of Northampton) sole heir of Richard earl of Dorset, by the said Anne Clifford, claimed, and was allowed the barony. He died in 1729, s. p. m. s., when the barony fell into abeyance between his daughters and co-heirs, viz : Cath- arine, wife of Edward, viscount Sondes ; Anne, wife of Thomas earl of Salisbury ; Mar- garet wife of Thomas Coke, earl of Leicester ; Mary who married, first, Anthony, son of Henry Grey, duke of Kent, secondly John earl Gower ; and Isabella, who married, first, lord Nassau Paulet, and secondly Sir Francis Delaval, K. B. But in 1734, the king was pleased to terminate the abeyance, and confirm the barony by patent, 13 Aug., 1734, to Margaret, the wife of the earl of Leicester. This lady dying without surviving issue, in 1775, the barony again fell into abeyance; but in the year following (1776) his majesty again terminated it in favour of Edward Southwell, son and heir of Edward Southwell, who married Catharine, sole daughter and heiress of Catharine Tufton, the wife of Edward viscount Sondes. He died in 1777? and his son Edward Southwell, second lord de Clifford, died s. p., in 1832, when the barony again fell into al)eyance between his sister's representatives; and in 1833 was determined in behalf of Sophia, ^fe of Russell, a commander in the R. N., as eldest co-heir to the late baron. It is to observed that the titles of baron de Vipont, and de Vescy, have been attributed to the barons de Clifford, and earls of Cumberland; but those were never baronies crea- ted by any writ of summons, to render them descendable as personal honours ; though the lands of them, in great part, were inherited by the Clifford family. CLIFFORD.— (3 Car. I.) Where the eldest son of an earl is called up to parliament by writ, by a title not vested in his father, such writ operates as the creation of a new barony, and the person so sum- DiOT^CT."" moned has no seat higher than the date of his writ :* thus upon the death of George Dignities. BARONIA ANQLICA CONCENTRATA. 15? Clifford, third earl of Cumberland, s. p. m., the title of earl devolved upon his brother Francis, as the fourth earl; but the barony of De Clifford having been created by writ of summons descended unto Anne, the sole daughter and heir of earl George ;* * Cruise on howbeit, Henry Clifford, eldest son and heir apparent to earl Francis, was summoned to parliament vitd patris, tlie 3 Car. I., by writ directed "Henrico Clifford chev'r primoge- nito, Francisci comitis Cumb':" now the old barony of De Clifford, not being at this time in the father, the said writ of summons to the son could not operate otherwise than as a new creation. The said Henry afterwards became earl of Cumberland, and died leaving an only daughter, married to Richard Boyle, earl of Cork, in Ireland, who was the 20 Car. I., created by letters patent baron Clifford, of Lanesborough; and the 16 Car. II., earl of Burlington. Richard Boyle, third earl of Burlington, in l737j claimed the barony of Clifford, created by the writ of 3 Car. I.: and the house of lords resolved that he was entitled thereto. He died, leaving only female issue, which by marriage, carried this barony of Clifford into the family of Cavendish, duke of Devonshire, and is now vested in the present duke ; but on his decease s. p. m., will fall into abeyance between the earl of Carlisle, and earl Granville. CLIFTON.— (50 Edw. III.) Roger de Clifton married Margery, sister and heir to Thomas de Caili,t a baron by t Vide Caili. summons 2 Edw. II., who died s. p. Her mother (as mentioned under Caili) was Emnie, one of the sisters and co-heirs to Robert de Tatshall, and carried to her husband Caili the manor of Bokenham, holden in grand sergeanty^, in parcenery with other manors, parcel of the barony, and earldom of Hugh de Albini, earl of Arundell.J t VideTatshaU John de Clifton, great-grandson of the aforesaid Roger, being seised of the manor and lordship of Bokenham and other considerable estates by the course of his inheritance, was most probably, in virtue thereof, summoned to parliament from the 50 Edw. III. to the 12 Ric. II., 1388, about which time he died, leaving a son and heir by Elizabeth his wife, one of the co-heirs to Ralph lord Cromwell, named Constantino, which Constantine de Clifton had summons to parliament in the 17 and 18 Ric. II., but never after ; wherefore, says Dugdale, "/ shall here put an end to my discourse of him ;" thus evidently showing that eminent baronagian did not consider a writ of summons as creative of a descendable personal honour, but merely a writ of service incident to a tenure in capite, but ad arbitrium regis. The said Constantine had issue a son John, and a daughter Elizabeth, wife of John Knevet. 158 BARONIA ANGLICA CONCENTRATA. John de Clifton, the son, married Joane, daughter and co-heir of Edmund de Thorpe, of Ashwell Thorpe in the county of Norfolk, by whom he had a daughter Margaret, who married Sir Andrew Ogard, whose son Henry was aged four years at his father's death, but most likely afterwards died young, as the Knevet family came to the possession of Bokenham, in whose heir general this barony may be considered to lay dormant, and for whom vide Cromwell of Tatshall. CLIFTON, CROMWELL of TATSHALL, and BASSET of WELDON. Sir John Clifton, great-grandson of Roger de Clifton, by^Elizabeth, daughter of Ralph lord Cromwell, (by Maud Margaret, daughter and at length heir of Sir Osbert de Cailli, by Emme his wife, one of the sisters and co-heirs to Robert, baron of Tatshall ; summoned to parliament from 50 Edw. IIL to 12 Ric. IL ; ob. 1388. his wife, daughter and heir of John Bernake, great-grand- son of Joane, one of the sisters and co-heirs to Robert, baron of Tatshall), and at length one of the co-heirs to the ancient barony of Cromwell of Tatshall. Constantine Clifton, set. 16, anno 1388, had livery of his lands 1393,-T-EUzabeth, dau. of Robert lord Scales. — Blomef, summoned to parliament the 17 and 18 Richard II. j Hist. Norf. vol. i. page 370. I I Sir John Clif-=pJoane, dau. & co-heir to Elizabeth, aunt & heir to Margaret-pSir John Knevet, grandson to Sir John ton, ob. drc. | Edmund de Thorpe, of Clifton, and at length sole heir to I Knevet, by Eleanor his wife, one of the 1447. Ashwell Thorpe. John, the first Lord Clifton. | cohs. to Ralph, Lord Basset of Weldon. I ' I ' Margaret, sole daughter and heir apparent, mar- Sir John Knevet, (Mon.=pAlice, daughter and heir of William ried Sir Andrew Ogard, knt., and died s.p.s. at Buckenham.) ( Lynnes, (Mon. at Buckenham.) I ' Sir William Knevet, attainted 1 Ric. III.,=pAlice, daughter of John, brother to Reginald, but afterwards restored. | Lord Grey, of Ruthyn. I ' Sir Edmund Knevet, drowned in a sea-fight, temp. Henry VIII.^Eleanor, dau. of Sir William Tyrrel, knight. r \ —^ Sir Thomas Knevet, standard-pMuriel, daughter of Thomas, Edmund Knevet, married Jane, heiress Other bearer to Henry VIII. | duke of Norfolk. of Lord Bemers. — (Vide Bemers.) sons. I I I 1 1. Sir Edm.^^Joaue, dau. of Sir 2. Ferdinando. 3. Henry Knevet, mar. Anne, dau. and heir of Sir Christopher Knevet. John Shelton. Pickering, and had issue Thomas lord Knevet, of Escrick. I 1 1 1 Sir Thomas Knevet, ob. 22 Sept., 1569.^Catharine, dau. of , earl of Derby. Anthony. Edmond. Henry. I ' 1 1 Sir Thomas Knevet, ob. 1594. ^Catharine, daughter of Sir Thomas Lovel, of East Herhng. Henry. John. I Sir Philip Knevet, created a baronet 22 May,=pKatherine, daughter and heir of Charles Ford 1611, ob. circ. 1634-5. of Butley Abbey, in co. Suifolk, Esq. -\ Philip, bap. 24 William, bap. 28 June, Dorothy, bap. 15 Katherine, bapt. Robert, bap. 23 John, bap. April, 1609.* 1610, bur. 1615.* Sept., 1611.* 2 June, 1614.* Jany., 1615.* 1616.* • Ex Rej. Buckenham, co. Norfolk. CLIFTON OF Leighton Bromswold. — (7 Jac. I.) Sir Gervase Clifton was summoned to parliament from the 7 to the 12 Jac. I., as " Gervase Clifton de Layton Bromswold, chev'r." He married Catharine daughter and BARONIA ANGLICA CONCENTRATA. 159 heir of Sir Henry Darcy, of Leigh ton Bromswold, and died in 1618, leaving Catharine his sole daughter and heir, who married Esme Stuart, lord Aubigny, and third duke of Lenox, in Scotland, and had issue a son George, whose daughter Catharine, by the death of her only brother Charles, sixth duke of Lenox, s.p., became heiress to the barony of Clifton. She married Henry O'Brien lord Ibrachan, who died in the lifetime of his father, Henry earl of Thomond, leaving a daughter Catharine, who became heiress to her mother, and married Edward Hyde, earl of Clarendon. She claimed, and was allowed the barony of Clifton, in 1674. Her daughter Theodosia eventually became her heir, and marrying John Bligh, esq., afterwards earl of Darnley, carried the barony into his family, with which it now remains, coalesced with the earldom of Darnley. CLINTON.— (27 Edw. I.) John de Clinton was summoned to parliament the 27 Edw. L," but never after. He married Ida, eldest daughter and co-heir of William de Odingsells,* of Maxtock, in com. * vide Oding. Warwick ; which William was one of the co-heirs of the more ancient barony of Limesi. * ' "" By her he had issue two sons, whereof, William, the second, was afterwards created earl of Huntingdon ; but his successor was his eldest son. John de Clinton, who had summons from the 6 to the 9 Edw. III., to the last writ mortuus est is added ; showing he was then dead. John his son was summoned from the 31 Edw. III. to the 21 Ric. II. He married Idonea, sister and co-heir of William baron de Say, which barony thereafter was attri- buted to his descendants. William, his grandson, had similar summons from the 23 Ric. II. to the 9 Hen. VI., as had John his son from the 29 to the 38 Hen. VI.; but being attainted in the same year, his honours were forfeited : but he was shortly after restored in blood and honours, and was summoned to parliament the 1 and 2 Edw. IV. His son John was never sum- moned, and died in 1514, in which year Thomas his son was summoned, but died in 1517, leaving Edward Clinton his son and heir, who, by queen Elizabeth, was advanced to the dignity of earl of Lincoln, from which period, till the death of Edward the fifth earl, the barony of CUnton continued merged in the earldom, the said Edward, fifth earl of Lin- ' Dugdale, in liis baronage, does not notice this summons, which renders it doubtful whether it applied to him, or to John his uucle, of Coleshill, who was then living : for he expressly states the said John was a knight of the shire for Warwickshire, the 29 Edw. 1., which militates against his having been summoned as a baron the 27 Edw. I. 160 BARONIA ANGLICA CONCENTRATA. coin deceasing s.p., the earldom descended upon the next heir male ; but the barony of Clinton became in abeyance between his aunts, or their representatives. Of these, Cath- arine married Sir George Booth, (afterwards lord Delamere,) and had an only daughter. Vera, who died unmarried, in I7l7j aged seventy-four. Arabella married Robert RoUe, esq., from whose daughter Bridget, who married Francis Trefusis, esq., is descended the present baron Clinton. Margaret married Hugh Boscawen, esq., and had a daughter Bridget, her heir, who married Hugh Fortescue, esq., and was mother of Hugh Fortescue who was allowed the barony of Clinton, but died s.p., in 1751, whereby the barony again fell into abeyance, and so remained till it was allowed on petition to Robert William Tre- fusis, esq., who, in 1794 was summoned to parliament as baron Clinton, being descended from Bridget, only child from whom there is any issue remaining of Arabella, wife of Robert Rolle, esq., before mentioned. WILLIAM CLINTON.— (4 Edw. III.) William de Clinton, second son of John, by Ida de Odingseles, had summons to parliament from 4 to 10 Edw. III. : after when, he was created earl of Huntingdon ; but dying s.p., in 1354, his honors became extinct. COBHAM.— (6 Edw. II.) John Cobham, of Cobhara in Kent, by his first wife, daughter of Warine Fitz-Benedict, had two sons, John his heir, and Henry of Rundell ; and by his second wife, daughter of Hugh de Neville, a son Reginald, from whom sprang the Cobhams of Sterborough. John the eldest son was father of Henry de Cobbeham, or Cobham, who had summons to parliament from the 6 Edw. II. to the 9 Edw. III. His son John, according to Dugdale's lists of summons, was called to parliament from the 16 Edw. III. to the 8 Hen. IV. ; which long period of above sixty years, gives reason to believe that a descent has been omitted by Dug- dale, which is indeed supplied by Hollinshead," who says that John the second baron, upon his death, was succeeded by his only son John, who had summons from the 1 Ric. II. to the 8 Hen. IV., sometimes with the addition of Kent : though Dugdale may be most correct, yet there is a degree of dubiety upon the point, especially as HoUinshead is supported by Vincent, a most esteemed, and considered a very accurate herald. This John lord Cobham, who died in 1407, s. p. m., had a daughter and heiress * Vide HoUinshead'g castrated sheets, p. 1503. BARONIA ANGL.ICA CONCENTRATA. 161 Joane, who married Sir John de la Pole, knight, and had issue an only daughter Joane, who married Sir John Oldcastle, knight," which Sir John had summons to parliament from the 1 1 Hen. IV. to the 1 Hen. V., jure uxoris, though the writs appear to have been directed "Johanni Oldcastle, Chev'." He however had the designation of lord Cob- ham, but being accused of a conspiracy against the king (being at that time one of the principals of the religious sect denominated LoUards) he had judgment of death pro- nounced against him, and was executed accordingly, circ. 1417.'' By a former husband, Sir Reginald Braybroke, knight, the said Joane baroness Cob- ham,'' had two sons who died young, and a daughter Joane, her heiress, who married Sir Thomas Brooke, knight, and their eldest son, Edward Brooke, was summoned to parliament as "Edward Broke de Cobham, Chevalier," from the 23 to the 38 Hen. VI. John, his son, had the like summons from the 12 Edw. IV. to the 12 Hen. VII. His son and heir Thomas had summons from the 1 to the 8 Hen. VIII., but in those years, the writs were directed to John Cobham, as distinctive of the title. George Brooke lord Cobham, son and heir of Thomas, married Anne, daughter and eventually coheir of Edmund lord Bray, whereby their descendants acquired an interest in that barony.'' He had summons from the 21 Hen. VIII. to the 4 and 5 Philip and Mary. William, his eldest son and heir, was summoned from the 5 and 6 Philip and Mary, to the 35 Elizabeth. His successor was Henry, his eldest surviving son, who had summons the 39 Elizabeth, but afterwards, in the- reign of James I., engaging with his brother George, in what was called Rawleigh's Conspiracy, they were both tried, foimd guilty, and had judgment of death pronounced against them, but George only suffered, and was beheaded ; and this Henry reprieved, who lingered out a miserable life in im- prisonment, and died in 1619. s.p., whereupon William, son of his brother George, by Elizabeth, daughter and coheir of Thomas lord Borough, would have succeeded to the title, had it not been for the forfeiture of his father and uncle ; he however was restored in blood, but not to the enjoyment of the title, without the king's special grace, which was never extended to him. By Penelope, his wife, daughter of Sir Moses Hill, knight, he had two daughters, his coheirs, viz., Brooke, who married Sir John Denham, the poet ; and Hill Brooke, who married Sir William Boothby, ancestor of the present baronet,'^ to which daughters, king Charles II., by letters patent, in 1665, granted the * Vide Banks's Dormant and Extinct Baronage, Vol. II. p. Ill . — Pedigree of Cobham. •> Henry Oldcastle, son and heir of John lord Cobham. — Vide Pat. 7 Hen. VI., a tergo. « She died in 1433, and was buried in Cobham Church. d Vide claim of Mrs. Otway Cave, to the barony of Bray, Coram. Dom. Proc. 1839. e Sir William Boothby is not the heir-general of Hill Brooke, though descended from her in the male line ; the co-heirs are Dr. Thorpe, M.D., of Leeds, Dr. Alexander, Mrs. Lucy Letham, and Mrs. Harriett Lunn. VOL. I. W 1CJ2 BARONIA ANGLICA CONCENTRATA. precedency due to the daughters of barons, notwithstanding the attainders of the said Henry lord Cobham, and George his brother. Thus the old barony of Cobham expired; but the interest which the said daughters had in the barony of Borough, not being de- rived from Henry lord Cobham, or George his brother, but from Elizabeth, (the wife of the said George) their grandmother, may be considered to remain as not affected by either attainder. COBHAM OF STERBOROUGH.— (16 Edw. III.) Reginald de Cobham, son of John the second baron by his second wife, had summons to parliament from the 16 to the 35 Edw. III. ; Reginald his son was also summoned in the 44 and 46 Edw. III., and died in 1375, leaving a son Reginald, who, nor any of his descendants ever had a similar summons to parliament. This last Reginald had a son Reginald who died in his lifetime, having issue an only daughter Margaret, who married Ralph Nevill, second earl of Westmorland, by whom she had a daughter who died young. Thomas, the second son by Anne, daughter of Humphrey Stafford, Duke of Buckingham, had an only daughter Anne, who married Sir Edward Burgh or Borough, whose son Thomas was summoned to parliament as lord Borough, temp. Hen. VIII., in whose co- heirs general this barony of Cobham rests in abeyance. COBHAM OF RUNDALL.— ( 20 Edw. II.) Stephen de Cobham, son of Henry, half brother to the first Reginald of Sterborough, had summons to parliament from the 20 Edw. II. to the 7 Edw. III., in which year he died, leaving John his son and heir, but who, nor any of his descendants were ever after summoned to parliament, although, according to Hollinshead, they long continued. RALPH COBHAM.— (18 Edw. II.) Ralph Cobham, brother of Stephen (before mentioned) was summoned to parliament * Rot. Pari. ^^^ 18 Edw. II., but never after, nor any of his descendants. He had a son John,* and 1 Ric.ll.jvol. aigo (according to Hollinshead) a son Thomas, who was bishop of Winchester. But as this solitary writ of summons cannot be assumed to have created a descendable barony, without any proof of sitting, any further account of the family seems unnecessary. BARONIA ANGLICA CONCENTRATA. 163 COLUMBERS.— (22 Edw. I.) Philip de Columbers held Nether Stowey, and eleven knights' fees, in the county of Somerset, temp. Hen. 11.,* jure uxoris Maud, daughter and heir of Walter de Candos of Stowey. Scacc. John de Columbers, great-grandson of Philip, in the 5 Edw. I., paying JBIOO for his relief for all the lands which he held by barony, had livery of the same, and the 22 Edw. I. had summons to a parliament, but for the meeting whereof, neither time nor place were appointed. He was never summoned to any other parliament, and died circ. 34 Edw. I., leaving, by Alice his wife, one of the daughters and co-heirs of Stephen de Penchester, several sons, whereof the eldest, Philip de Columbers, had summons to parliament from the 8 Edw. II. to the 15 Edw. III. He married Alianor, one of the sisters and coheirs to William, son of Wil- liam Martin, baron of Kemeys, but dying s.p., the Columbers interest in the barony of Martin became terminated, and the Columbers barony extinct.^ Thomas, John, and Ste- phen de Columbers, brothers to the said Philip, dying s.p., their sister Joan, who mar- ried Geffery Stawel, ancestor of the lord Stawel, is said to have become their heir, and to have carried a great estate in the county of Somerset to that family, but which never had any summons to parliament, though in 1683 it was raised to the peerage by patent, by the title of baron Stawel, of Somerton, in the county of Somerset, and in 1 742, be- came extinct, for want of male issue. COLVILE.— (49 Hen. III.) Walter de Colvile was one of the barons summoned the 49 Hen. III. to the parlia- ment then called by Simon de Montfort in the king's name ; but neither Roger his son, nor Edmund his grandson, had a similar summons during their lives. Robert de Colvile, son of Edmund, had summons to parliament from the 16 to the 39 Edw. III., and died the 41 Edw. III., leaving Walter his son and heir, who had a son Robert who died s. p., leaving (as Dugdale writes) Ralph Basset of Sapcoate, and John Gernoun (sons of the sisters of Edmund) his next heirs ; which account, if to be relied upon, would make the barony, if any was created by the writs of summons of Robert de Colvile, extinct. But by deeds in the possession of the Pole family, of Rad- boume, in the county of Derby,* it appears that Robert Colvile, and Cecily his wife, p^^^'^J^f' » That is to say extinct, provided tiie writ of the 22 Edw. 1., be not allowed as a valid one, but which was re- ceived as a parliamentary one by the House of Lords in the De Roos case. 164 BARONIA ANGLICA CONCENTRATA. were seised of the castle of Bytham, the caput baronia of the Colviles, and other great estates, and so seised, settled the same in tail upon the heirs of their bodies lawfully be- gotten ; which Robert and Cecily had issue. Sir Hugh Colvile, knight ; which Hugh had issue Sir Walter ; he had issue Sir Hugh, who had issue Sybyl, who married Ralph Basset, which Ralph and Sybyl bad a daughter called Alice, who married Sir William Moton, knight, from whom descended Reginald Moton, who had issue Anne Grymesly, and Elizabeth Pole ; and by virtue of this descent the castle of Bytham, and other pre- mises came into the possession of the Pole family, by which they were afterwards sold. COMPTON.— (14 Queen Elizabeth.) Sir Henry Compton was summoned to parliament from the 14 to the 31 queen Eliza- beth, as Henry Compton de Compton Chev\ William, his son, had the like summons from the 35 queen Elizabeth, to the 12 James I., after when he was created earl of Northamp- ton, in August 1618, whereby the barony of Compton was merged in the higher dignity of the earldom. James Compton, his grandson, third earl of Northampton, married Mary, daughter and heir of Baptist Noel, viscount Campden, by Hester, his second wife, one of the daughters and coheirs of Thomas, lord Wotton, and by her had George the fourth earl, father of James the fifth earl, who married Elizabeth, sister and heir of Robert viscount Tamworth, grandson of Robert Shirley, earl Ferrers, which lady, by descent, was baroness Ferrers, of Chartley ; by her the earl had James his son and heir apparent, who died in his lifetime unmarried ; and several daughters, whereof Jane and Anne died unmarried, and Charlotte became eventually his sole heiress, and heir also of her mother Elizabeth, baroness Ferrers, of Chartley. She married George, viscount Townshend, afterwards created marquis ; in whose grandson, the present marquis, the two baronies of Ferrers, of Chartley, and Compton, are vested. CONIERS OB CONYERS.— (1 Hen. VIII.) William Conyers, son and heir of Sir John Conyers, K. G., eldest son of Sir John * Vide Darcy. Conyers, by Margery his wife, second daughter and coheir of Philip baron Darcy,* was summoned to parliament from the 1 to the 6 Hen. "VIII. as " William Conyers de Conyers Chevalier." The said Sir John his father, who was a Knight of the Garter, married Alice, one of the daughters and coheirs of William Nevill baron Fauconberg, whereby his son BARONIA ANGLICA CONCENTRATA. 165 William was one of the coheirs to that barony, as he was also to that of Darcy, in right of his grandmother Margery. Christopher Conyers, son and heir of William, had summons from the 21 to the 25 Hen. VIII. His son John had the like summons from the 36 Hen. VIII. to the 3 and 4 of Philip and Mary; but dying shortly after without issue male, the barony fell into abeyance among his daughters, of whom Elizabeth married Thomas Darcy ; Anne mar- ried first, Anthony Kemp, and secondly Arthur Cope, esq. ; Catharine married John Atherton ; and Margaret died s.p. He had also two sons, John and Henry, who died be- fore him infants. From these daughters there was not any issue remaining in 1640, ex- cepting from Elizabeth, who was the wife of Thomas Darcy, whose son Conyers Darcy was thus jure matris, heir of the barony of Conyers, and coheir of the barony of Darcy, created by writ the 6 Edw. III., and thereby invested the same in his family, as under the article Darcy, may be seen more at large. The barony of Conyers is in the present duke of Leeds, under which title an account of his descent is to be seen in the several editions of CoUins's Peerage, and the other printed peerages of the day, as also in the second volume of Banks's Dormant and Extinct Baronage, page 143. CORBET.— (22 Edw. I.) Peter, son of Thomas Corbet,^ who married Isabel, one of the next heirs to Roger de Valletourt, a great feudal baron in the West, had summons to parliament from the 22 to the 28 Edw. I., to whom succeeded another Peter, his second but eldest surviving son, who had summons from the 30 Edw. I. to the 15 Edw. II., but died s.p., leaving John Corbet his brother his next heir, but who never had the like summons, and died also s.p.,* leaving the descendants of his aunts] Ahce, Emma, Winnervine, and Venice his * ?'°?' ^"L' r ' o t J ? Vol. u. p. 438, coheirs ; but they not being issue of Peter the first baron, had no claim to the barony No. 78. created by any of his writs of summons, and as such the barony of Corbet may be deemed extinct. COURTENAY.— (27 Edw. I.) Hugh de Courtenay had summons to parhament from the 27 Edw. I. to the 8 Edw. III., in the latter writs with the addition of senior ; but in the year following he was allowed the earldom of Devon, (1335) in which higher dignity it remained merged, till by the attainder of Thomas the sixth earl in 1461, it with his other honours became » He was summoned to parliament the 45 Hen. III. 166 BARONIA ANGLICA CONCENTRATA. forfeited. He, and his brothers Henry and John, dying s.p., the earldom and barony of Courtenay would have fallen, had not the attainders interrupted the descent, unto Jane and Elizabeth their sisters, whereof the latter married Sir Hugh Conway, s.p. ; and the * Vide Devon, former (Jane)* married first Sir Roger Clifford, and secondly Sir William Knevit. Thomas Courtenay, fifth earl of Devon.- . 'LL r Thomas, 6th earl, Henry, beheaded John, slain at Roger Clif-=pJane=:Sir Wm. Kne- Elizabeth, m. Hugh attainted 1461, s.p. at Sarum, s. p. Tewksbury, s.p. ford. (1 h.) | vet. (2 h.) Conway, s. p. I 1 1 Charles, only son.^pAnne, dan. of Sir William Knevet. Mary, mar. Sir Tho. Wingfield. Barbara, mar Drury. Vol. i. p. 127. Edward. ^Margery, dau. of .. .. Layton. William, s. p. Jane, mar. William Cox, Esq., of .... co. Suffolk. 1 , Dorothy, only Child. CRESSIE, OR CRESSY.— (22 Edw. I.) WiLLLAM DE Cressy had summons to parliament the 22 and 25 Edw. I. ; but Sir Harris Nicolas, in his Peerage Synopsis, doubts whether they were either of them regu- lar writs of summons. That of the 22 Edw. I. was admitted in the Roos case, and a parliament was certainly holden at Westminster in the said year, when a great plea be- t Rot. Pari, tween William de Vescy and John Fitz-Thomas was brought forward.f Also a parlia- ment was holden the 25 Edw. I., in which the great charter, and charter of the forests was confirmed. Whether the said William de Cressy was present therein, there is no evidence to show beyond the writ calling him thereto, and the presumption that he would have been fined as a baron had he not attended, of which there is not any mention in the Records of the Exchequer. But he was never again summoned to any other parlia- ments, and died s.p. I CRETING.— (6 Edw. III.) John, son of Adam de Creting, who was slain in the wars of Gascony the 22 Edw. I., having also served himself in the same wars, and likewise in those of Scotland, in the 4 Edw. III., obtained a charter for free warren in all his demesne lands at Great Stockton, in the county of Huntingdon, and the 6 Edw. III. had summons to parliament by seve- ral writs for the same year, but not after, nor any of his descendants ; so that Dugdale observes " I have no more to say of him." tVoliin221 ^^ Noble's Memoirsf of the Cromwell family, he states that the heiress of Adam de Creting, of Cretingsbury, married into the knightly family of De Wauton, seated at BARONIA ANGLICA CONCENTBATA. 16? Great Stoughton, in the county of Huntington, of which was Valentine Wauton, a dis- tinguished officer under Cromwell. This Adam was most likely a descendant from John de Creting, the baron. CRIOL.— (22 Edw. I.) The family of Criol was one of great consequence and possessions in the counties of Kent, Essex, and Hertfordshire, its chief seat being at Ostenhanger in Kent. Nicholas de Criol was warden of the cinque ports ; and by Joane his wife, daughter and heir of William de Aubetville, a baron of great feudal estates, (which Joane after- wards remarried Henrj' de Sandwich,*) had issue * orig. 32 Nicholas de Criol, who was summoned to the two so much doubted, (by Sir Harris ^ ^' Nicolas) regular parliaments of the 22 and 25 Edw. I., but never after. He married Mar- gery, daughter of Gilbert Peche, and had a son Nicholas, who was never summoned to parliament, but whose issue male (though all unnoticed by Dugdale) long continued to Sir Thomas Criol, slain at the battle of St. Albans, 38 Hen. VI., leaving two daughters his coheirs; of which, Elizabeth married John Bourchier, esq.; and Alice wedded John Fogge, esq. 5 CROMWELL.— (1 Edw. II.) John de Cromwell had summons to parliament among the barons of the realm, from 1 Edw. II. to 9 Edw. III., about which time he died. He married Idonea, second daugh- ter and coheir of Robert de Vipount, a great feudal baron, the widow of Roger de Ley- bourne ; but not having any issue by her, the inheritance of Vipount passed into the family of De Clifford, descended from Isabel the other daughter and coheir of Robert de Vipount, who married Roger de Clifford. Ralph Cromwell, successor to John, had summons from 49 Edw. III. to 23 Ric. II., and died 1398. This Ralph is said by Dugdale^ to have been son and heir of John ; but, unless he was son by another wife, he could not be so by Idonea de Leybourne, for the reason before given ; and if he was a son by another wife, he must have been very young at his father's death, circ. 9 Edw. III., 1335 : for the period from that time to 23 Ric. II., the date of his last writ of summons is above sixty years. He could scarcely ^ All authorities excepting Dugdale represent John de Cromwell to have died s.p., and the next summoned to have been Ralph Cromwell, by some called his brother. In Thoroton's Nottingham, vol. iii., p. 170, is a pedigree of Cromwell, showing John to have died s.p. ; and a MS. per T. C. Brooke, in the College of Arms, states the same. 168 BARONIA ANGLICA CONCENTRATA. be brother, for then supposing he was only twenty years old at the death of John, he would have been between eighty and ninety years old ; certainly not impossible, but rather improbable : the point is of this effect, viz. if John died s.p., his barony became extinct with him, and then a new barony was created in Ralph, taking its date from his first writ of summons, the 49 Edw. III. From a pedigree, (penes auct.) it would seem he was great-nephew to John, and was only his successor so far that he was next of the family summoned to parliament, and was the founder of this barony ; his call to parliament being probably in virtue of descent from Robert de Tatshall, a baron lord of Tatshall, in the county of Lincoln. He married Maud, daughter of John, and sister and heir to her brother William de Bernake; which John was son of Alice, wife of Sir William Bernake, daughter and heir of Robert Driby by Joane his wife, one of the sisters and coheirs of Robert de Tatshall, by which marriage the castle of Tatshall and other great property was acquired to the Cromwell family. He died in 1398, leaving Ralph his son and heir, who had summons from the 1 Hen. IV. to the 4 Hen. V. Ralph his son and heir had the like summons from the 1 to the 33 Hen. VI., and died in 1455, s.p., leaving Maud his sister and heir, who married Sir Richard Stanhope, and by him had two daughters, her coheirs; viz., Maud, who mar- ried Robert lord Willoughby de Eresby, and had issue, now extinct ; and Joane, or Jane, who married Humphrey Bourchier, hereafter mentioned. The following pedigree, though differing from Dugdale's statement, accords more correctly with the public records relating to the family. Table I. MS. No. 8, per T. C. Brooke, in Coll. Arm. Ralph Cromwell, married Margaret, daughter and coheir of Roger de Someri. — Claus. 2 Edw. /.-. I \ John Cromwell, married Idouea de Leyburn, Ralph Cromwell, ob.-pJoane de la Mare, ob. summoned to parliament 1 Edward IT., s. p. circ. 9 Edward III. I 9 August, 1348. Ulcher, 18 Edward III. Ralph, ob. 1355.=T=Amicia, dau. and at length coheir of Roger de Bellers, 24 Edw. Ill I ' 1 1 Ralph Cromwell, summoned to parliament^Maud de Bernake, heiress Sir Richard, 9 Margaret. 49 Edward III., obiit 1398. of Tatshall, ob. 1419. Richard II. Joan. 1398, obUt 1416, vita matris. Ralph, set. 30, an.^Johanna .... Maud, mar. Sir Wil- Hawise, mar. Thomas Elizabeth, mar. Ist Sir a widow the liam Fitz William, lord Bardolf. Vide John Clifton, 2nd Sir 5 Hen. V. of Sprotborough. Bardolf. Edward Benstead. 1 Ralph, third lord Cromwell, set. 26, anno 1419, mar. Margaret, dau. of John lord Maud, sister-pSir Ric. Stan- D'Eincourt, oh. 1455, s. p. ; both buried at Tatshall.— Mon. ibidem. and heir I hope, knight. I 1 1 Henry, obiit Maud, mar. 1st Robert lord Willoughby,* 2nd Sir Ger- Joane,+ mar. 1st Sir Humphrey Bour- 1453, 8. p. vase Clifton, s.p., 3rd Thomas Nevill, s. p. chier, 2iKi Sir Robert Ratcliffe. s.p.(?) • vide Willoughby of Eresby. Had issue, long since extinct. This lady Willoughby is buried at TatshRll, + She is buried at Totshall, ob. 10 March, 1479. BARON lA ANGLICA CONCENTRATA. 169 Table II. Ralph lord Cromwell.-i Ralph lord Cromwell. Elizabeth, mar. Sir John Clifton, knt.— Vide Clifton. Matilda or Maud.yWm. Fitz William. I t ' Ralph lord Cromwell, s.p., 1416. Maud, sister and heir, whose issue eventually became extinct. John Fitz William. I John Fitz William. I William Fitz William. William Fitz William, only son, ob. 1494. I 1 — I I 1 1. John Fitz 2. Richard, s. p. Margery, aunt and coheir of her^=Thomas Suthill, of Dorothy. — Vide William.-, 3. William, s. p. nephew William Fitz William. | SuthiU Hall, Esq. Table III. I ' — I William Fitz William, only Sir Henry Savile, of Thomhill and=pElizabeth Suthill, only=Richard Gascoigne. son, obiit s. p. Tankersley. (1st husband.) | daughter and heir. (2nd husband.) Edward Savile, mar. Mary, dau. and heir of Sir Richard John Dorothy Savile, died before her brother, mar. Leigh, of St. Albans, divorced by the Ecclesiastical Court, Savile, John Kaye, of Okenshaw, but had not any legi- ■— was many years an idiot, ob. 1604., s. p. 1. s.p. timate issue after marriage. Hopkinsons MSS. Table III. COPLEY OF SPROTBOROUGH. Sir Wm. Copley .=T=Dorothy, dau. & coh. of Sir W. Fitz William, &aunt&coh. of Wm. Fitz William of Sprotborough Philip, son and heir, will dated 31 May, 1567,=T^Mary, daughter of Sir Bryan Hastings, will dated 18 April, 1589, died 19 October, 1577. | proved 26 January, 1598, buried 8 June, 1597. William, son and heir,=^Elizabeth Alverly Copley of=^Joan, daughter of Simon Gunby, of Swinflete, buried 1598. | Bosvile. Warren Hall. in the county of Lincoln. I 1 1 1 1 1 1 1 1 Godfrey, bur. Ralph, John, Wil- Maud, Edith, Joan, Elizabeth, mar- Wm., heirof=pDorothy, d. ofWm.Routh. 29 Novem., liam, all died s. p. all died unmarried, ried, but died entail, living ' — - 1633, s. p. vita fratris. vita fratris. s. p. vi. fratris. 1639. of Rowmley, com. Derby, buried 7 Sept., 1638. Sir Godfrey Copley, son and heir, created a baronet^Eleanor, daughter of Sir Thomas Walmsley, of Dunkenhalgh, 17 June, 1661, buried February 1677-8. I in the county of Lancaster, buried 18 November, 1649. Catherine, youngest daughter and coh. of John^Sir Godfrey, son and heir,=Gertrude, daughter of Sir John Carew, Purcel, of Nauteribbs, co. Montgom. (1st w.) j died in April, 1709. of Anthony, co. Cornwall. (2nd w.) I 1 1 1 1 — 1 Godfrey, died yoimg, William and Godfrey, Catherme, sole=f=Joseph Moyle, 2nd son Eleanor and Isabella, vita patris. died young, vit. pat. surviving issue. I of Sir Walter Moyle. both died young. Joseph Moyle, took the name of Copley, created a bart.=^Mary, daughter of John Francis Buller, of Morvell, the 15 of August, 1778, died 1781. | in the county of Cornwall. I 1 ' 1 1 i Sir Lionel Copley, son and heir, died Sir Joseph, brother=:Lady Cecil Catherine, Juliana, Arme, unmarried, 4 March, 1806, set. 39. and heir. Hamilton. Charlotte, Mary. BOURCHIER LORD CROMWELL.— (1 Edw. IV.) Sir Humphry Bourchier, third son of Henry, earl of Essex, was summoned to parlia- ment, sometimes as Humphry Bourchier de Cromwell, at others as Humphry Dom. Cromwell, VOL. I. X 170 BARONIA ANGLICA CONCENTRATA. Chiv', or as Humphry Cromwell. Chiv', from the 1 to the 9 Edw. IV. He died s p., in 1471 ; and on the death of the lady Joane, his mfe, in 1479, the barony of Cromwell is considered to have fallen into abeyance among the representatives of her mother's aunts, viz., Maud, who married Sir William Fitz-William, of Sprotborough, in the county of York ; Hawyse, who married Thomas lord Bardolf ; and Elizabeth, who married first Sir John Chfton, and secondly Sir Edward Benstead, knight. Of these ladies, Maud had issue a son, Sir John, whose male line continued for se- veral successions until it terminated^ in two daughters, coheirs; viz., Margery, who mar- ried Thomas Suthill, and had an only daughter and heir Elizabeth, who married Sir Henry Savile, of Tankersley, knight ; and Dorothy, who married Sir William Copley, of Copley, in the county of York, whose descendant in the eldest line. Sir Godfrey Copley, was created a baronet in 1661, who by his first wife had a son Sir Godfrey, the second baronet, who died in 1 709, when the title became extinct ; and by his second wife had three daughters, whereof Dorothy married Sir Michael Wentworth ; Elizabeth, William Wombwell, of Wombwell, esq. ; and Catharine married Sir George Cook, bart. Of the issue of Hawyse, who married Thomas lord Bardolf, mention is made under that article ; but it is to be observed, that though the attainder of lord Bardolf affected that barony, yet the interest in the barony of Cromwell, being derived from their mother, could not be affected thereby, and as such remains vested in her coheirs general, the pre- sent lord Beaumont, and the earl of Abingdon. Of Elizabeth, the third daughter, wife of Sir John Clifton, it has been noticed un- der that head, that her heir general was the heir general of Knevet. Sir William Kne- vet, grandson of Sir John Knevet, who married Elizabeth, daughter of Constantine, son and heir of Sir John Clifton, by Elizabeth Cromwell, was attainted in 1483 ; but his descendant Sir Philip was created a baronet in 1611, with whose son Robert, the second * Vide Clifton, baronet, the title became extinct, circ. 1699.* CROMWELL, OF Wimbledon.— (28 Hen. VHL) Thomas Cromwell was summoned to parliament the 8th of June, 28 Hen. VIIL, as Thomas Cromwell, de Wimbleton, Chiv', and on the 18th of July, the last day of the par- liament, 28 Hen. VHL, is recited by Dugdale to have been admitted by writ and patent. He was afterwards created earl of Essex, and the following year attainted and beheaded, and his honours forfeited. Gregory Cromwell, son and heir of the said earl Thomas, had summons to parlia- * Vide Banks's Dormant and Extinct Baronage, and Collins's Peerage, sub titulo Fitz-William. BARONIA ANGLICA CONCENTRATA. I?! nient from the 31 Hen. VIII., to the 2 Edw. VL, as Gregory Cromwell, Chiv'. Henry Cromwell, his son, who had the like summons, from the 5 to 31 queen Elizabeth, ob. 1592. Edward, son and heir of Henry had summons from the 35 queen Elizabeth, to the 3 James I., and died 1607. Thomas, son and heir of Edward, does not appear to have been ever summoned^ but was created earl of Ardglass, in Ireland, and died 1653. Wingfield Cromwell, second earl of Ardglass, had summons the 13 Charles II., to the English parliament. He died in 1668, leaving Thomas his son and heir, the third earl; who had the like summons the • 31 and 32 Car. II. ; dying s.p., he was succeeded by his uncle Vere Essex, brother to Wingfield, the third earl. This Vere Essex was summoned to the English parliament 1 Jac II.; but dying in 1687, without issue male, the earldom of Ardglass became extinct, and the right to the barony of Cromwell devolved upon his only daughter and heir Elizabeth, who married Edward Southwell, esq., whose eldest grandson Edward South- well, being one of the coheirs of the ancient barony of De Clifford, had the same allowed to him; but Edward his son, the next baron, dying in 1832, s.p., the barony of De Clifford fell into abeyance between the issue of his sisters, his coheirs ; and with it also this barony of Cromwell. The abeyance of the barony of De Clifford has since been determined ; but that termination is not considered to have affected this barony, which still remains open to a similar favour from the crown. DACRE.— (14 Ebw. II.) Ralph de Dacre, according to Dugdale, had summons to parliament from the 28 Edw. I. to the 12 Edw. II. ; but militating not a little against the accredited accuracy of that eminent baronagian, the name of Ralph de Dacre does not appear in the summonses of those years. However, from the 14 Edw. II. to the 20 Edw. II., it is mentioned, and also to the 12 Edw. Ill, in the year following of which he died. He married Mar- garet, daughter and heir of Thomas de Multon, baron of GUIesland, and thereby acquired that ancient baronial territory. William his son and heir had summons from the 24 to the 34 Edw. III., the year following of which he died, s.p., leaving Ralph his brother and heir,'' summoned from the 36 to the 47 Edw. III. ; soon after when he died, (1375) leav- ing Hugh his next brother his heir, summoned from the 50 Edw. III. to the 7 Ric II., in which year he died, and was succeeded by William his son, who had summons from the 7 Ric. II. to the 5 Hen. IV. ; his son and heir, Thomas de Dacre had summons the 14 Hen. IV, ; in which writ, for the first time, ' At the time of succeeding to the barony he was a priest, and rector of the church of Prestecote. 172 BARONIA ANGLICA CONCENTRATA. the addition of GiUesland is inserted, indicating thereby that although Ralph, the person summoned the 14 Edw. II., was so summoned, probably jure uxoris Margaret, the heiress of Thomas de Multon, yet the operation of the said writ would create a distinct barony, it being personal, and not bearing any allusion to the barony of Multon : nevertheless, the two baronies would become descendable in the same course of inheritance, and com- bined together, unless the one could be considered as a continuance of the other, as the possession of GiUesland seems to have carried with it the baronial right of parliamentary summons. From the aforesaid 14 Hen. IV., Thomas de Dacre continued to be sum- moned to the 33 Hen. VI., inclusive, (1455), with the same addition of GiUesland. This Thomas died the 36 Hen. VI., having had issue three sons, viz : Thomas, Ralph or Ranulph, and Humphry. Of these Thomas died vi.pat., leaving a daughter Joane, heir- ess to her grandfather in the barony of Dacre. But it appears that by virtue of a fine levied by Thomas her grandfather, and an entail made thereon, of the baronial territory of GiUesland, and other capital manors, &c., in favour of the heir male of his family, Ranulph de Dacre was found, upon his death, to be his next heir male, and thereupon had summons to parliament the 38 Hen. VI., as Ranulph Dacre de GiUesland; while in the same year, Richard Fienes, who had married Joane, the granddaughter and heiress, as before mentioned, of Thomas the baron, who died the 36 Hen. VI., had also summons by writ, directed "Richard Fenys, Domino de Dacre, Militi." Thus the barony of Dacre, under the writ of summons of the 14 Edw. II., was acquired by the Fenys, or Fiennes family. John, eldest son and heir apparent to this Richard, the first Fiennes lord Dacre, died vi. pat., leaving by Alice his ^vife, daughter and coheir of Henry lord Fitz-Hugh, Thomas, successor to his grandfather, in the barony of Dacre, and a coheir to the barony of Fitz-Hugh. He had summons to parliament as " Thomas Fiennes de Dacre," from the 1 1 Hen VII. to the 25 Hen. VIII. Thomas, his eldest son and heir apparent died in his lifetime, leaving another Thomas, successor to his grandfather, who in 1541 was executed and attainted. He had issue a son Thomas, who died young, and a son Gregory, who with his sister Margaret were restored by act of parliament. This Gregory lord Dacre was summoned to parliament from the 5 to the 35 queen Eliz- abeth, but died the year following, s.p., leaving Margaret his sister and heir, who married Sampson Leonard, esq. and transferred to his family this barony of Dacre. From the family of Lennard, the barony of Dacre, through the heir female, has passed to that of Roper, and lastly into that of Brand, which now enjoys it, and being an extant barony, its descent may be found in the printed peerages of the day. One re- mark however only remains for observation, as to its legal precedency ; the first Ralph Dacre had summons to parUament personally, without any distinction of barony, the 14 Edw. II.; the same form of writ continued to his successors untill the 14 Hen. IV., when BAKONIA ANGLICA CONCENTRATA. 17-3 Thomas, then lord Dacre, was summoned with the addition of Gillesland, thereby inti- mating that was his barony, following the territorial possession of the baronial land ; that land passed by licence of the crown to the heir male Ranulph, who thereupon had sum- mons to parliament as lord Dacre of Gillesland; but the heir general of Ralph the baron, 14 Edw. II., married Richard Fiennes, who had not any blood of Dacre in him. He was summoned to parliament as Richard Fenys lord Dacre. This summons created him lord Dacre, which would seem to be a new barony in him ; for though his wife was heiress of the personal honour, there was no courtesy of that personal title ; courtesy only apper- taining to property, and the baronial property was not in her. She was heiress to the barony of Mutton of Gillesland ; if that barony be not considered to have emanated from, and have attended upon the possession of that territory. DACRE, OF Gillesland.— (38 Hen. VI.) Ranulph Dacre, brother and heir male of the last Thomas, having succeeded to the pos- session of Gillesland, was summoned to parliament (as before mentioned) the 38 Hen. VI. by the same designation as his brother Thomas, viz., Ranulph Dacre de Gillesland. He was afterwards slain in the battle at Towton, and by act of parliament attainted the 1 Edw. IV. But as the baronial land of Gillesland stood entailed to heirs male, the same was not affected legally by his attainder ; and he dying s.p., his brother Humphrey be- came heir thereto. But this Humphrey Dacre stood also attainted, whereby his right was also forfeited. He however obtained so much favour thereafter, that the 13 Edw. IV. he was restored in blood and lands, and the attainders against himself and his brother Ranulph were made void ; and at the same time sundry entails of many manors, as well to the lord Dacre, the heir male, as to Fenys the heir general, were conferred; wherein according to Prynne^ is to be noted a pedigree for the line of the lord Dacre. Moreover in the 22 Edw IV., and 1 Ric. III., he had summons to parliament as lord Dacre of Gillesland. He died the 1 Hen. VII., leaving Thomas his son and heir, who had summons in the 1, 3, 6, and 7 Hen, VIII., as Thomas Dacre de Dacre, when also was summoned Thomas Fenys de Dacre Chiv'. He died in 1525, having married Elizabeth, granddaughter and heir of Ralph lord Grey- stoke, by which marriage he brought that barony into his family. "^ * Prynne's Abridgement of the Tower Records, p. 691. '' He acquired also a moiety of the ancient baronies of Bolebec and Boteler of Wemme, a fourth of Montfichet, and a third of a moiety of the old barony of Merley of Morpeth. iy4 BARONIA ANGLICA CONCENTRATA. William Dacre his son and heir, the 21 Hen. VIII. had summons to parliament among the barons, in which summons he is styled "William Dacre de Dacre &; Grey stock Chiv'." He was afterwards summoned in the 25 Hen. VIII. as William Dacre de Gilles- land, without the addition of Greystock. In the 28 Hen. VIII., he is mentioned to have sate as lord Dacre of Greystock, and Fenys as lord Dacre of the South. In the 31 Hen. VIII. he is named lord Dacre of the North, and placed next below Fienes, st)'led Dacre del South. In the 33 and 35 Hen. VIII., he is denominated only William Dacre Chev'. Thus, with these various descriptions, he continued to be summoned till the 5 and 6 Phil, and Mary. He died in 1563, having had issue four sons, whereof Leonard and Edward were attainted and died s.p., temp, queen Elizabeth. Francis the youngest was also attainted, and died circ. 8 Car. I., leaving a son Ralph or Randal, as named in the Parish Register of Greystoke, who died s.p., in 1634, and was buried at Greystoke, being the last heir male of this line. Thomas, the eldest son of William lord Dacre, succeeded his father, but never had summons to parliament. He died in 15G9, leaving one son George and three daughters, of which Anne married Philip, earl of Arundel ; Mary, Thomas lord Howard, of Walden, s.p. ; and Elizabeth wedded lord William Howard, half brother to Philip, earl of Arundel. George, the only son, and last lord Dacre of Gillesland, had summons to parliament the 3 queen Eliz., but is stated to have been then infra atatem. He died s.p., and the Dacre estate was divided between his sisters and coheirs, in which partition the earl of Arundel got the possession of Greystock, and lord William Howard obtained Naworth, &c. If this barony of Dacre be considered to have been created by writ of summons, the lords Stourton and Petre are the coheirs general of Anne, the wife of Philip, earl of Arundel ; and the earl of Carlisle is the heir general of Elizabeth, the wife of lord Wil- liam Howard ; and in these noblemen is similarly vested in abeyance the ancient barony of Greystock, so far as it was acquired by the marriage of Thomas, second baron Dacre of Gillesland, with Elizabeth the heiress thereof, and the summons to parliament of Wil- liam his son, by that title the 21 Hen. VIII. But as the territory of Gillesland stood limited to heirs male, and that limitation, or entail, was confirmed by Edward IV. when the attainder of Humphrey Dacre was made void, it would seem the descent of the barony was governed thereby: yet upon the reerfence of the case to the commissioners appointed to determine the claim of Leonard Dacre as heir male, and the sisters of George Lord Dacre as coheirs general, the barony was decided to be vested in them, and in abeyance. It may here be observed, that Charles Howard, great grandson of lord Wilham Howard, was a colonel in the parliament army under Oliver Cromwell ; and was one of those whom the protector created to take place as lords, and have that dignity in all * Morgan's Commissions, by the title of baron Gillesland, and viscount Howard of Morpeth, July PhoenLx Bri- goth, 1657.* In which titles, after the restoration, he was so far confirmed, that he was BARONIA ANGLICA CONCENTRATA. 175 created baron Dacres, viscount Morpeth, and earl of Carlisle, by patent 20 April, 1661, being the only person, excepting general Monk, who appears to have had the Cromwelian honours recognized, or regranted. COPY OF THE WRIT BY WHICH CROMWELL S LORDS WERE CALLED TO PARLIAMENT. Oliver, Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging, To Our Trusty and beloved son Lord Richard Cromwell Greeting. Whereas, by the Advice and Assent, our Council for certain great and weighty affairs concerning us, the state and defence of the said Commonwealth, we ordained our present parliament to be held at our City of Westminster, the l/th day of September, in the year of our Lord 1656, and there to consult and advise with the Knights, Citizens, and Burgesses of our said Commonwealth, which Parliament was then and there held and continued until the 26th day of June last past, and then adjourned until the 20th day of January now next coming. Therefore we command and firmly enjoin you, that, con- sidering the difficulty of the said affairs, and imminent dangers, all excuses being set aside, you be personally present at Westminster aforesaid, the said 20th day of January next coming, there to treat, confer, and give your advice with us, and with the great Men and Nobles, in and concerning the affairs aforesaid. And this, as you love our honour and safety, and the defence of the Commonwealth aforesaid, you shall no wise omit. Witness ourself at Westminster the 10th day of December, 1657. DAGWORTH.— { 21 Edw. III.) Thomas de Dagworth, an eminent commander in the wars of France, temp, the martial reign of Edw. III., had summons to parliament the 21 and 22 Edw. III., but never after, which might be from his being so continually employed in the military affairs with that country, where after so many glorious exploits he had at last the misfortune to be slain in an engagement with the French, the 33 Edw. III. He married Eleanor, widow of James Butler, earl of Ormond, daughter of Humphry Bohun, earl of Hereford, by Elizabeth his wife, daughter of king Edward I. by his second queen ; to whom suc- ceeded, as said by Dugdale, 176 BARONIA ANGLICA CONCENTBATA. Nicholas de Dagworth his son, who like his father was famous for his military achievements in France, but was not very popular in the reign of Richard II. He never had summons to parliament ; nor is it noticed by Dugdale when he died, nor whether he * Vol. 3. was married, or had issue. According to Blomfield, in his history of Norfolk,* he mar- g 'n ■ ried Alianor, daughter of Walter, and sister and coheir to Sir John Rosale, of Shropshire, knt., ijut died in 1401, and was buried at Bliclding church, in Norfolk, leaving Thomasine his sister and heir, who married William lord Furnival, who thereby obtained the manor of Dagworth. If this Nicholas was son of Thomas de Dagworth, he had another sister Eleanor, who was the first wife of Walter lord Fitz Walter, but died s. p., before the said Nicholas. Roger de Scaccario, proavus. — Rot. Pari., vol. i,, p. 426-7. Lawrence, avus to John de Dagworth and to Hamon Peverell. I -" , , 1 Simon, a\'unculus to John Dagworth Maud, sister^John Dag- Lora, sister & coh. mar. Beatrice, sis-=pJohn and Hamon Peverel, s. p. and coh. worth. William Peyforer. ter and coh. I Peverel. I 1 I 1 John Dagworth. Hawyse, married Reginald Hamon Peverel. — Pleas apud London, 14 Edward II., I HerUzoun. n. 4. Rot. Pari., vol. i., pp. 426-7. Nicholas, son and heir of John Dag- Thomas, summoned to^Eleanor or Alianor, widow of James, Earl of worth, — livery of Dagworth manor. pari. 21 and 22 Edw. Orig. 6 Edw. III., Rot. 14 Sf 15. III., ob. .33 Edw. III. Ormond, dau. of Humphrey Bohun, earl of Her- eford.— 7?e^. Winton, Orleton, 18, 123, 6. Nicholas mar. Alianore Rosale, Eleanor mar. Walter Lord Fitz-Walter. — Reg. Thomasine mar. William ob. 1401, s.p. Winton. Edindon, 118, 43, 6, s.p. lord Furnival. D'AMORIE.— (11 Edw. II.) Sir Roger D'Amorie had summons to parliament the 11, 12, 13, and 14 Edw. II. He married Elizabeth, one of the sisters and coheirs of Gilbert de Clare, earl of Glou- cester, who had before been married to John de Burgh, earl of Ulster, and to Theobald t Dug. Bar. de Verdon, — by which lady he had an only daughter and heir Elizabeth,f who married + Vide Bar"dolf J^'^" ^^^'^ Bardolf; whose grandson Thomas lord Bardolf was attaintedf, whereby all his honours were forfeited. Collins, and the Irish Compendium, mention another daughter § Dug. Bar. Eleanor, who married John de Raleigh : but Dugdale states § her to have been named V 1 T) 4 75 1 • Agnes m the will of her mother, Elizabeth de Clare ; and her sister Isabel Bardolf, and not Elizabeth, as before mentioned. RICHARD D'AMORIE.— (20 Edw. II.) Richard, presumed to be Nephew of Roger, baron D'Amorie {i. e. according to Collins, son of his brother Nicholas D'Amorie) had summons to parliament from the 20 Edw. II. to the 4 Edw. III., and died circ. the latter year, leaving BABONIA ANGLICA CONCENTRATA. 177 Richard D'Amorie his son and heir, but he never had summons to parliament, and dying in 1375, s.p., the baronv became extinct. Dugdale states, that upon his death, Elizabeth, and Alianor, sisters to Sir John Chandos, and Isabel, daughter of Margaret, the third sister, then the wife of Sir John Annesley, knight, were his heirs, but does not mention in what manner they were so. This is somewhat explained by Lodge, in his Peerage of Ireland,* under the title of " Annesley Viscount Valentia," wherein he says * Vol. ii. that the said Sir John Annesley, in right of Isabel his wife, in 13/6 had livery of the manor of Hedyngton and hundred of Belyndon, and Northgate in Oxfordshire ; which Sir Richard D'Amory, who died 1375, held for life in fee-farm. Still it does not appear how these coheirs of Sir John Chandos were connected with the family of D'Amory. — Vide Originalia, 50 Edw. III., Rot. 6.: viz., Ehzabeth Chandos, Roger Colyng, and Alia- nor his wife, John Annesley, and Isabel his wife, coheirs to Sir John Chandos, for the manor of Hedyngdon, &c., in the county of Oxford. D'ARCIE, OR DARCY.— (45 Hen. III., and 22 Edw. I.) Philip D'Arcie, fifth in descent from Norman D'Arcie, who at the general survey held thirty-three manors in the county of Lincoln, married Isabel one of the sisters, and eventually coheirs to her brother Roger Bertram, of Mitford, an eminent northern baron, in the county of Northumberland, had summons to the parliament convened by the king to meet in London, the 45 Hen. III.;t shortly after when he died, the 48 Hen. III., -f- ciaus. Rot. , ■ ■ 45 Hen. III. leavmg issue, Norman D'Arcie his son and heir, who had summons to parliament the 22 Edw. I., but in the writ no time, nor place is mentioned for meeting ; but nevertheless a parlia- ment was holden at Westminster in that year,J which as no other summons appears on + Rot_ f„\_ record, must be considered to be holden in pursuance of the said writ. He died the 24 Edw. I., leaving his son and heir PhiUp Darcy, a person of great action in his time, and in eminent employments during the reigns of Edw. I. and II., and said by Dugdale to have been summoned to par- liament from the 25 to the 34 Edw. I. Yet, in his Index of Lists of Summons, the name of Philip is further noticed ; viz., in the 20 Edw. II., and the 1, 2, 4, 5, and 6 Edw. III., when he must have been an aged man, if, as Dugdale writes, he was forty years old on the death of his uncle Thomas Darcy, the 27 Edw. I. When he died, or whom he married, the same author does not mention, but that he had three sons, Norman, Robert, and John, which last two died s.p., and two daughters, namely, Julian, who married Sir Peter de Limbery ; and Agnes, who married Sir Roger Pedwardine. VOL. I. Y 178 BARONIA ANGL1CA CONCENTRATA. Norman Darcy, the eldest son, succeeded his father, with whom he was in the in- surrection of Thomas, earl of Lancaster, temp. Edw. II., but obtained his pardon, though it does not appear that he ever had summons to parliament. He died circ. 14 Edw. III., leaving a son Philip, who died soon after, infra eetatem, s.p,, whereby his aunts Julian and Agnes, became his coheirs ; with whose representatives the barony is in abeyance, provided the writs of summons of their father Philip may be deemed the creation of a personal descendable honour. Table I. DARCY. — (first barony.) Pliilip Darcy .=plsabel, sister and coheir of Roger Bertram of Mitford. Norman Darcy, summoned to parliament 22 Edw. 1., ob. 24 Edw. I.=p I 1 ' 1 1. Philip, summoned to parliament 25 Edw. T.-t-Eleanor 2. John. — Vide Table II. 3. Robert. I TT 1 1 1. Norman, ob.-plsabella. 2. Robert, s.p. Julian, daughter^pPhilip or Peter Anne, daughter and coheir mar. 14 Edw. III. I 3. John, s.p. and coheir. de Limbry. Roger de Pedwardine. r ' I H Philip Darcy, ob. Philip Limbry .-j- Eleanor, sister of Philip, and aunt and^^Nicholas Bernake. s. p. 1362. 1 ' heir of John Limbry. r _!_ John Limbry, A daughter, Margaret.^James Bellers, Agnes, mar. William Elizabeth, mar. William s. p. s. p. I of Ketleby. Wimbish. * Wingfield. I John.=?= I 1 1 1 John, ob. s. p. 14 Marina, mar. Sir Thomas Green, Joanna, mar. William Eleanor, mar. William Ros- £dw. IV. of Greens Norton.-i Villiers, of Brookesby. kin, of Melton Mowbray. Three daughters, coheirs, from one of which descended Cornelius Heathcote Rhodes, of Barlborough, co. Derby, Esq. • The line of Wimbish contined for five descents, and ended in two sisters, coheirs of Thomas Wimbish, temp, queen Elizabeth Trances married Sir Richard Townley, of Townley; and Ethelred married Francis Norton, whose daughter Elizabeth married Sir Edward Barton, of Whenby, co. York. JOHN DARCY.— Second Barony.— (6 Euw. II.) John Darcy, second son of Norman, and next brother to Philip, the baron before men- tioned, had summons to parliament the 6 and 7 Edw. III. as John Darcy Le Cousin ; in the 16th as John Darcy only. He died in 1347, and was succeeded by John his son and heir, by Emeline his first wife, daughter and heir of Walter Heron. John, next lord Darcy, had summons to parliament, from the 22 to the 28 Edw. III., as John Darcy de Knayth. He married Elizabeth, daughter and heir of Nicholas baron Meynill. John, his eldest son, died infra cBtatem, s.p., wherefore Phihp his brother was the next baron, and had summons to parliament from the 1 to the 21 Richard II., as BARONIA ANGLICA CONCENTRATA. 179 Philip Darcy. His son John had the like summons from the 23 Ric. II. to the 12 Hen. IV. (141 1), in which year he died, leaving Philip his son and heir, who died in 1418, under age, leaving Elizabeth, who married Sir James Strangways, and Margery, who be- came the wife of Sir John Conyers, his two daughters and coheiresses, and the barony in abeyance between them. Table II. DARCV. — (second barony.) John Darcy, second son of Norman, and brother to Philip, sum-T=Emeline, daughter and coheir of Walter Heron, of moned to parliament 6 Edward III., ob. 1347. Hadeston, co. Northumberland. [ John le Fitz, ob. 30 Edw. III., (1356.)=pElizabeth, dan. & heir of Nicholas Meinill. I — 1 1. John, ob. 36 Edwar"^ 2. Philip, ob. 22 Richard=7=Elizabeth, daughter of Thomas Grey de Heron, III., (1362) s. p. II., (1398.) I Mil., ob. 13 Henry IV. I ' John, ob. 13 Hen. IV., (1411.)=^Margaret, daughter of Henry lord Grey de Wilton. I 1 1 1. Philip, obiit infra-pEleanor, daughter of Henry 2. John, brother and heir male-pJoane or Joanna, dau. of aetatem 1418. | lord Fitz Hugh. of Philip, ob. 36 Hen. VI. | John lord Greystoke. r ' 1 I ' Elizabeth, daughter and coheir, married Margery, dau.-pSir John Richard, ob.^^Alianor, daughter of John Sir James Strangways. — Vide Table III. & coh. i ' Conyers. vi. pat. I Scrope de Upsal. I I — Sir John Conyers, K. G.-i William, ob. 3 Hen. VII.-pEufemia, dau. of Sir John Langtoa. I I ' William lord Thomas Darcy, summoned to parliament 1 Hen. VIII., beheaded 1538, and being Cdnyers.-i attainted, this the 3rd barony of Darcy became forfeited.-. l_ 1 I 1 Christopher lord Conyers.-i 2. Arthur.-, 1. George. — Vide Table IV. John lord Conyers, ob. 1557.- I 1 Other coheirs, whose issue all failed circ. 1640. Elizabeth, daughter and coheir.^=Thomas Darcy. Table HI. Sir James Strangways.^Elizabeth, daughter and coheir of Philip lord Darcy, of the second barony I 1 Sir Richard. -T- Several other sons and four daughters. I I I Sir Jame8.=T=Alice, sister and coheir of the last lord Scrope of Upsal. 1st Daughter. 2nd Daughter. ' 1 Sir Thomas.^ Mary.=^ Roos, of Igmanthorpe, in co. York. I , I I James, ob. 33 Hen. VIII., s. p. Robert Roos, cousin and heir of James Strangways. J- Bridget,* only daughter and heir.=pPeter Roos, of Laxton. I ' 1 Gilbert.=i= Peter.=f= I I I I I I I Dau., ob. unmar. Elizabeth, living an. 1635.=f^Wm. Thomas, Esq., of Essex. Gilbert, ob. 1661.=^. ... 4 Dm. I 1 ' 1 1 1 Gilbert. Peter. Mary. Frances. Troth. • Vide Thoroton's Notts., p. 376. On the death of the last earl of Holdernese, s.p.m., the eSect of the patent of kln^ Charles 1., in 1641, ceased entirely ; and it remains to be considered whether the barony of Darcy did not then fall again into abeyance ; i.'e., between the heirs representative of Elizabeth the wife of Sir James Stran^ays, and of Margery the wife of Bii John Conyers, mentioned in Tab. 2. 180 BARONIA ANGLICA CONCENTRATA. THOMAS DARCY.— Third Barony.— (1 Hen. VIII.) The mEile line of the eldest branch having thus terminated in female issue, and thereby vested the barony in abeyance between the coheirs general, it remains to be observed that the next heir male was John Darcy, second brother to Philip the last baron. This John had issue Richard, who died in his lifetime, father of William, whose son Thomas, was summoned to parliament as " Thomas Darcy de Darcy Chivalier," from the 1 to the 21 Hen. VIII., and with the addition of " De Temple Hirst ;" demonstrating thereby, that it was a new barony ; but in his after summonses to the 28 Hen. VIII., he was simply described as " Thomas Darcy, Chiv'. But he was beheaded and attainted two years after (1538), and his peerage forfeited. GEORGE DARCY.— Fourth Barony. George D'Arcy his son and heir, was afterwards restored in blood, with the dignity of baron Darcy, to him and the heirs male of his body, by act of parliament, the 2 Edw. VI. His great-grandson John had summons to paliament from the 3 James I. to the 4 Chailes I., as "John Darcie and Meinill, Chiv';" but this addition of Meynill was an assumption, it would seem, not at all warranted, as whatever interest appertained to a descent from that barony, had become vested in the coheirs general of Philip the last lord Darcy, of Knayth. But it nevertheless may be a question, how far that summons created in him a new barony by writ; which if so, as his son died unmarried, (vi. pat.) and with him terminated the barony of Darcy conferred on George lord Darcy by patent, 2 Edw. VI., by failure of male issue, then the said barony of Meynill would have fallen into abeyance between his two daughters, Rosamond, and Elizabeth, had they been living ; but they died young, vita patris, and thus both titles became extinct in his line. Table IV. — (fourth barony.) George Darcy, eldest son of the attainted baron=^Dorothy, dau. and heir of Sir John Melton, of Aston, co. Derby, Thomas, restored in blood and created lord Darcy I who brought her husband the manor of Aston, and who was to him and the heirs male of his body, ob. 1557. | heiress to the barony of Lucie of Cockermouth. I John, only son, ob. 1602, buried at Aston.T=Anne, daughter of Thomas Babington, of Dethick. Michael, only son, ob. vi. pat.=pMargaret, daughter of Thomas Wentworth, Ksq. BARONIA ANGLICA CONCENTRATA. 181 I ' 1 i John, only son, last lord Darcy^Rosamond, daughter of Sir Margaret, died Anne, married Henry of Aston, ob. 1635. I Peter FreschevUle. unmarried. Savile, Esq. of Copley.-, I 1 H I r— 1 1 John.ob. Rosamond, Elizabeth, Frances =Thomas Sa-=pFrances 2. Henry. 4. John-rElizabeth, da. of Sir vi. pat. ob. unmar. ob. unmar. Preyne. vile of Cop- Dawson. S.Michael. Savile. , p.* vi. pat. vi. pat. s. p. ley, Esq. | 2. w. Sir Geo. Palmes, of Naburne, knt. William, died a student Mary. Sir John, heir male, created a=pMary, dau, of Clement Paston, Catherine, at Cambridge. baronet 16G2, ob. eirc. 1680. I of Bamingham, in co. Norf. ob. young. Elizabeth Maria, sole daughter and heiress, married lord Thomas Howard, father of Thomas and Edward, successively dukes of Norfolk, who through this descent were heirs to to the barony of Lucie of Cockermouth ; and whose heirs general are now the Lords Petre and Stourton. • With the above named John ended the fourth barony of Darcy, limited to the heirs male of the body of George tlie restored baron The barony by writ to Thomas his father, remaining forfeited to the crown. — CLumley Case. J ARTHUR DARCY.— Fifth Barony.— (1 Queen Elizabeth.) Sir Arthur Darcy, second son to Thomas lord Darcy, had summons to parHament the 1 and 5 queen Eliz. as "Arthur Darcie de Darcie Chev'."* He died in April 1561, "" * pyg gy^ and was buried at St. Botolph, without Aldgate, near his father Thomas lord Darcy. By Mary, daughter of Sir Nicholas Carew, of Bedington, in the county of Surrey, K.G., and sister and coheir to her brother Sir Francis Carew, he had a numerous family of sons and daughters. Of the sons, Sir Henry Darcy, the eldest, was of Brimham in the county of York, and of Leighton Bromeswould in the county of Huntingdon. By his first wife he had not any issue ; but by his second, lady Catherine, daughter and heir of Sir Robert Tyrwhitt, of Leighton Bromeswould, he had a daughter and heir Catherine, who became the wife of Sir Gervase Clifton, afterwards summoned to parliament the 7 Jac. I., as " Gervase Clifton de Layton Bromswould Chiv'; which writ of summons, though personally directed, appears to have been in consequence of his wife's baronial descent. — (Vide Clifton.) Thomas Darcy, second son of Sir Arthur, married Elizabeth, daughter and coheir of John lord Conyers, as mentioned before under that title.f He died 3 Jac. I., leaving ^vide Conyer! Sir Conyers Darcy his son and heir, who being the principal male heir of the Darcy ^ If this Arthur Darcy was ever summoned, as Dugdale says, to the parliaments of the 1 and 5 queen Eliz., it is certain he never took his seat therein ; for the Journals of the House of Lords state that John lord Darcy de Darcy took his seat the 25 January, 1 queen Elizabeth, and not any name of Arthur is to be found throughout them. If he died, according to Dugdale, in 1561, that was in the 3, and not the 5 queen Eliz. It is considered to be a misprint of name for his nephew John, son of his elder brother George, the restored baron : for the name of John is not in the writ of summons of the 1 queen Eliz., though as before noticed, he took his seat in the House of Lords in the said vear. Jg2 BARONIA ANGLICA CONCENTBATA. family, and son and heir of Elizabeth, daughter and coheir of John lord Conyers, lineal heir to Margery, daughter and coheir to Philip lord Darcy, son of John lord Darcy, a baron temp. Hen. IV., prayed his majesty king Cha. I. to declare, restore, and confirm to him and the heirs male of his body the dignity of lord Darcy, with such place and precedency as the said John lord Darcy, and by right from his ancestors then enjoyed ; all which the king, by letters patent dated at Westminster 10 August, 1641, was pleased to grant, whereupon he had summons to parliament accordingly, as " Conyers Darcie de Darcie ^- Conyers Chiv\ Teste August, 17 Car. I." But it is considered that this crea- tion, by its limitation to heirs male, did not take the old barony out of abeyance, but was a creation de novo, and that the precedence assigned to it was illegal according to the modern doctrines on the subject. Conyers Darcy his son, had summons from the 13 to the 32 Car. II., as Conyers Darcy de Darcy, and in the last two, with the addition of de Meynill. In 1682, he was created earl of Holderness, by reason whereof, his baronial honours became merged in the superior dignity, and so continued till the death of Robert the fourth earl, s.p.m,, when the earldom expired, as also the barony of Darcy created by the patent of 1641. But the barony of Conyers, and that of Meynill, if one was created by the writs of summons 31 and 32 Car. II., descended upon his only daughter and heiress Amelia, who married the marquis of Carmarthen, eldest son of the then duke of Leeds, and are now vested in the present duke. Table V. — (Fifth Barony,) Aithiir Darcy, second son of Thomas the attainted^pMary dau. and coheir of Sir Nicholas baron, svim. to pari. 1 and 5 Queen Eliz. (Dug.) \ Carew, of Bedington, K. G. r ' 1 1. Henry,* called by-r-Catharine dau. of John Fer- 2. Tliomas Darcy-f=EUzabeth dau. and coheir Other Dugdale eldest son. j mor, of Eston Neston. heir male. I of John lord Conyers. issue. I I Catharine, dau. and heir, mar. Conyers Darcy, confirmed lord Darcy, to him and the=pDorothy, dau. of Sir Gervase lord Clifton. heirs male of his body, 17 Car. I. I Henry Bellasyse. Conyers lord Darcy & Conyers, cr. earl of Holderness, 1682.^Grace d. & h. of Thomas Rokeby, of Skyers, co. York. I ' Conyers, second earl of Holderness, ob. 1692.-T-Frances dau. of Thomas Howard earl of Berkshire. I ' John, ob. vi. pat.-r-Bridget, dau. of Robert Sutton lord Lexington. Robert, third earl, ob. 1722.^Frederica, dau. and coheir of the duke of Schomberg. Robert,! fourth earl, ob. 1778.^Mary, dau. of the Sieur Doublet. I 1 1 George and Thomas both Amelia, only dau. and heir, mar. first Francis Marq. of died young. Carmarthen ; second, John, nephew of lord Byron. • If this Henry wag eldest son of Arthur, as stated by Dugdale, the barony created by the writs of summons of the 1 and 6 queea Elizabeth would now be vested in the earl of Darnley, heir general of Gervase lord Clifton, by Catharine Darcy. t By his death without surviving male issue, it is presumed the barony limited to the heirs male of the body of Coniera lord Darcy, 17 Car. I. terminated ; and the barony of Darcy returned into abeyance between the coheirs of Philip lord Darcy. who died in 1418. — CyideTah.i.j BARONIA ANGLICA CONCENTRATA. 183 D'AUBENEY.— (23 Edw. I.) Eli AS D'AuBENEY " had summons to parliament in the 23, and from thence to the 33 Edw. I., inclusive. In the 29 Edw. I., though summoned to the parliament at Lincoln, he was one of those who did not affix their seals to the memorable letter then addressed by the barons to the pope.* To him succeeded pf g^^ " * Ralph D'Aubeney, his son and heir, who had summons the 16 Edw. III. to a great council called to meet at Westminster, but which was prorogued, t and he was never + Ibid, summoned after. By Catherine his first wife, one of the sisters and coheirs of Thomas baron de Thwenge, he had an only daughter Elizabeth, who on the part of her mother, became one of the coheirs to the barony of Thwenge, and married William Botreaux ; but by Alice his second wife, daughter of the lord Montacute, he had Sir Giles D'Aubeney, his son and heir, ancestor to Sir Giles created a baron by king Hen. VII., and his son Henry afterwards advanced to the title of earl of Bridgewater by king Hen. VIII. Of the name of D'Aubeney, it is recorded that John D'Aubeney held the manor of Kingesham in the county of Gloucester, by the service of keeping the king's pantry door, which service he performed at the coronation of Edw. 1. 1 + Placit. Coro. Another Record recites, viz. : Elias, son and heir of John D'Aubeney, had livery of gIouc. Kingesham, in the county of Gloucester, Ten' in cap" p' ser'cium custodiendi ostium pan- etaricB R. die coron. R. — (Orig. 19 Ediv. III., Rot. 10, Glouc.J Elias D'Aubeney, summoned to parliament 23 Edw. I., ob. circ. 33 Edw. I.=pHawyse .... I ~i Katherinede Thwenge. (Ist wife.)=pRalph, summoned 16 Edw. III.=pAlice de Montacute. (2nd wife.) Oliver. I J r ' Elizabeth, married William Botreaux. Giles D'Aubeney .=f=Alianor, daughter of Henry de Wylyngton. r ' , 1 Giles D'Aubeney, will dated 1st June, 1400, pro.^Margaret, dau. William, exor. to Thomas, exor. to his 14 Nov., 1403. — CRegist. Marche, Fr. 34.J of his brother Giles. brother Giles. I 1 1 1 rp Joan, daughter of John=pGiles,* will dat. =Alice.t Thomas. Maud. Joan. Elizabeth, lord Darcy. (1st wife.) | 3rd Mar., 1444. (2 w.) All named in their father's will. I ■ ' 1 William had livery =pAlice, daughter and coheir of John Giles, named in the 24 Hen. VI. j Stourton, of Preston, esq. will of his father. I ' 1 ■ 1 Giles D'Aubeney, created^^^Elizabeth, daughter of James =^Alianor, d. & Alianor, mar. 1st Rich- a baron 12 Mar., 1 Hen VlI.,ob. 23 Hen. VII. Sir John Arundel, of D'Aubeney. Lanhern, com. Corn. heir of Robert ard Newton, alias Cra- Paunceforte. dock ; 2nd Simon Blount. -1 ' P Henry lord D'Aubeney, cr. earl Cecily,Jso=pJohn Bour- Anne, 1st wife of Al- Giles, ancestor to the of Bridgewater by Hen. VIIl., named by | chier, 1st exander BuUer. (Tide D'AubeneysofWayford, mar. Catherine, dau. of Thomas Dugdale. ^earlofBath. Visitationof county of county Somerset, and of dukeof Norf.,ob. s p2Edw.Vl. Issue, vide Fitz-Warine. Somfrsei, anno 1623. Gorwell, county Dorset. • lie had an elder brother John, not mentioned in his father's will, but noticed by the inquisition, 4 Hen. IV., as son and heir, ait. 14 : he died in his minority ; Giles his brother .and heir. t She was his third wife ; his second was Mary, daughter and coheir of Simon I.eake, of Cotbam, co. Notts., by whom he had a daughter, heir to her mother, and who married Kobert Markham. t She is named Florence in the inquisition of her brother. a He was descended from Ralph D'Albini, son of William D'Albini, surnamed Brito. — (Vide Dug. Bar. vol.i.,p.\l^.) 184 BARONIA ANGLICA CONCENTRATA. D'AUNEY.— (1 Edw. III.) Nicholas D'Auney, lord of the manor of Shunock, in Cornwall, had summons the 1 Edward III. among the earls and barons to attend at Newcastle, equis et armis, but his name is not mentioned in either of the writs of summons of the same year to the par- liaments at Lincoln or York ; so that it cannot be inferred from this single writ, that he was thereby created a baron of the realm ; though Dugdale has given him a place in his History of the Baronage. And here it may be observed that the names of Robert de * Vide vol. ii. Ardeme, and Galfrido Wyth,* are recited in the very same writ of summons, and yet are omitted all notice by the said baronagian in his historical detail. John D'Auney son of Nicholas had a daughter and heiress Emma or Emmeline, who married Edward, eldest surviving son of Hugh, the second Courtenay earl of Devon. But from Thomas, brother to this John, and called by him the eldest. Lodge in his His- t Vol. iii., tory of the Irish Peerage,t derives the family of Dawncey viscount Downe, in Ireland, p. 103-4. D'EINCOURT.— (22 Edw. I.) Of this very ancient and eminent family was Oliver D'Ein court, who married Nichola, + Vide Du d granddaughter and heiress of Nichola de Haya, (a great woman in Lincolnshire,)! and V. i. p. 387, by her had issue, John, father of Edmund D'Eincourt, which Rutland.p.ioO Edmund D'Eincourt had summons to parliament the 22 Edw. I., and afterwards from the 27 Edw. I. to the 20 Edw. II. In the 29 Edw. I., he was one of the barons, who, in the parliament at Lincoln, subscribed their names and seals to the famous letter to the pope, asserting the supremacy of England over the realm of Scotland, on which occasion, he was written " Edmundus de Eyncourt Dominus de Thurgarton." The 1 § Coroii. Rot. Edw. II., he was one of the nobles summoned to attend the coronation of that monarch. § ^ ^^'^ ''• This Edmund had a son John, who died before him, leaving a son Edmund, who also deceased in his lifetime, and William another son, who survived his grandfather ; II Esch. 20 but the said last named Edmund, (the grandson,) had issue an only daughter Isabel, || Edw. II., No. ^jj^ ^^g jjjg heiress, and upon the death of Edmund the baron, her great-grandfather, was his heir general, and as such intitled to the succession of the barony created by the writs of summons. He however, considering that his name and arms thus descending to her, would be extinguished, petitioned king Edward for liberty to assign his manors and arms, to whomsoever he pleased ; which request the king complied with, and gave him letters Ii Rot. Pat. 7 patent to that effect,! by virtue whereof, the said Edmund settled his manors, lands, &c., Edw. II. Pars. William, the second son of John Deincourt, and to his heirs begotten, &c.; and in 2, in. 21. ' a ' ' default thereof, to John, brother of the said William. BARONIA ANGLICA CONCENTJIATA. 185 Edmund Deincourt, summoned to parliament from the 22 Edw. I. to the 20 Edw. II.-i 11 r John Deincourt, ob. vi. pat.- Edmund, William, set 26 the 20 Edw. 11., succeeded John Deincourt, remainder man in the entail of '•1 his grandfather Edmund the baron. — I Isabel, daughter and heir. WILLIAM DEINCOURT.— (6 Edw. III.) This William, succeeding his grandfather according to the settlement and entail before mentioned, had summons to parUament from the 6 to the 37 Edw. III., and had Hvery of the manor or barony of Blankney, in the county of Lincoln, and various others. He died circ. 3 Ric. II., when William his grandson, (son of William his son, who died vi. pat.) was found his heir. This WiUiam, second baron Deincourt, (of the second creation) is so named by Dugdale in his Baronage, and is said to have been summoned to parliament the 4 and 5 of king Richard II., but in those writs the christian name is printed John and not William.'^ He died about 5 Ric. II., leaving Ralph his son and heir, who died 3 Hen. IV., under age, s.p., leaving John his brother and heir, who never had summons to parhament, and died at an early age, the 7 Hen. IV. He married Joane, daughter and heir of Robert lord Grey, of Rotherfield, and had issue William his son and heir, and two daughters, Alice and Margaret : the said William, the son, died the 1 Hen. VI., infra atatem, s.p., leaving his two sisters his coheirs ; of these, Alice married first, Ralph Boteler of Sudley, s.p., and secondly, WiUiam lord Lovel of Tichmersh ; — and Margaret married Ralph lord Cromwell, and died s.p. The descent therefore of the barony became vested in the issue of lord Lovel, by Alice his wife, sole heir as well to the barony of Deincourt as to that of Grey of Rotherfield ; but Francis, baron and viscount Lovel, her grandson, being at- tainted in 1487, these baronies, together with all his honours, were forfeited. D'EIVILL.— (49 Hen. III.) John D'Eivill descended from Robert D'EiviU, who in the time of Hen I. was enfeoff- ed of the manor of Egmanton in the county of Nottingham, was a person of considerable » A MS. Fed. penes auctore, calls him John, and not William, which appears the more probable, as his second son was named John, who succeeded his elder brother Ralph. The same pedigree states that William who died vi. pat., had two sons, WiUiam who died young, and John who succeeded his grandfather. VOL. I. Z 186 BARONIA ANGLICA CONCENTRATA. note in the reign of Hen. III., by whom he was constituted Warden of all the forests north of Trent the 44 Hen. III., governor of York castle the 47 Hen. III., and governor of the castle of Scarborough ; but nevertheless, he became one of those who strongly ad- hered to Simon de Montfort, and the other barons in arms against the king ; and on the calling of that parliamant in the king's name, the 49 Hen. III., he was one of the barons summoned thereto ; but at length he made his peace, and taking the benefit of the Dictum de Kenilworth, had restitution of his land, but never after had summons to parliament, nor any of his descendants. He married Maud, the widow of Sir James de Aldithley, which is all Dugdale notices of him. DE LA BECHE.— (16 Edw. III.) Nicholas de la Beche, an eminent person in the wars of France, temp. Edw. III., had summons the 16 of the same reign, to a great council to be holden at Westminster, but never after had any similar summons ; yet while Dugdale only mentions this solitary summons, it appears by the rolls of parliament, that Nicholas de la Beche, was one of the triers of petitions in parliament the 14 Edw. III., with the several earls and barons * P. 232, nominated to the same purpose. Mr. Lysons in his History of Berkshire,* states that he died s.p., and that his estate at Aldworth (where he had a castle) passed to the sisters of John de la Beche, who was probably a brother to Nicholas. DE LA MARE.— (27 Edw. I.) John de la Mare, of Gersyndon in the county of Oxford, had summons to parliament from the 27 Edw. I. to the 7 Edw. II., to whose coronation he was summoned, among t Coron. Rot. others of the nobles to attend.f In the 29 Edw. I., though summoned to the parliament at Lincoln, he was one of those who did not affix their seals to that memorable letter which was addressed by the barons to the pope. He had a daughter and heir Florence, who married Philip Orreby, whose son John died circ. 27 Edw. III., leaving Joane his daughter and heir, who married Henry Percy, and had a son Henry and a daughter Mary, who both died s.p. DE LA POLE.— (39 Edw. III.) Michael de la Pole, son of Sir William de la Pole, (a rich merchant at Hull, who had lent the king several thousand pounds of gold when at Antwerp, and was by him made a BARONIA ANGUCA CONCENTRATA. 187 banneret) had summons to parliament as a baron the 39 Edw. III., and from thence to the 8 Ric. II., the year after which he was advanced to the dignity of earl of Suffolk, whereby the barony became merged in the superior title. As his rise to honour and power was rapid, so his fall was sudden ; for having from his great influence with the young sover- eign made himself unpopular, and odious to the nobility, he was accused in parliament of divers misdemeanours, and of treason ; to avoid which charges he withdrew himself abroad, and died an exile in France, the 12 Ric. II., being outlawed. Michael de la Pole, his son and heir, obtained the judgment against his father to be annulled, and the 1 Henry IV. was fully restored* to the lands of his father, and to the * Pat. Rot. 1 Hen. IV, m. 4 earldom of Suffolk, with a declaration that if he died without issue male, the said inheri- pars. 4. tances should resort to the next heir male of the body of Michael his father. He died the 3 Hen. V., leaving Michael de la Pole, his eldest son and successor, who shortly after was slain in the battle of Agincourt, in October the same year, the 3 Hen. V. Having only issue female, the earldom of Suffolk devolved on William his brother and heir male ; but the barony of De la Pole fell to his three daughters and coheirs general : of these, Catherine was a nun, and Elizabeth and Isabel both died unmarried, before the 10 Hen. V., as said by Dugdale. But Collins, in his Parliamentary Precedents,t asserts that Elizabeth married f p. 216. John de Foix, earl of Kendal, and died s. p. ; and Isabel married Thomas lord Morley, and deceased also s. p. Yet Lodge, in his Peerage of Ireland,^ says she had issue. § + V. ii.,p. 167 William de la Pole, heir male to his brother Michael, was advanced by king Henry ^ia! 1 Hen. VI. to the dignit)', first of Marquess, and next of duke of Suffolk ; but he eventually was VI, m. 5. beheaded, (though illegally) and attainted. John de la Pole, his son and heir, was restored, and married Elizabeth, sister to Edw. the IV. ; but Edmund his son and heir, the third duke, was beheaded and attaint- ed, witb whom all his honours became finally forfeited.* DE LA WARDE.— (28 Edw. I.) Robert de la Warde had summons to parliament from the 28 to the 34 Edw. I. In the 29 Edw. I. he was one of those eminent men who affixed their seals, in the parliament at Lincoln, to the letter then addressed by the barons to the pope, being written "Robertus de la Warde Dominus de Alba Aula" His son and heir, a Commissio Jacobi regis Scotise super sponsalibus et matrimoniuni inter Jacobum primogenitum et Dominam Annam nepotem dicti regis Anglise filiam unicam Johannis Duels Suffolcise. Dat. 29 Aug., 2 Richard! III. — (Ays- cough's Catalogue of Charters and Scotch Records, p. 312.J 188 BARONIA ANGLICA CONCENTRATA. Simon de la Warde was summoned from the 18 Edw. II. to the 8 Edw. III. He died s.p., his sisters being his coheirs ; whereof Joane, the eldest, married Sir Hugh * Esch. 39, MeynUl; and Margaret (who was by the second wife of Robert de la AVarde)* married Orig.,Rot. 13, Thomas Staple, sergeant at arms to king Edw. III. The said Margaret on the death of + Esch 13 Tliomas Staple, remarried with Sir John Chanceaux, and died in 1389. f By her Ric. II. first husband Staple, she had a son Richard who died s.p., and two daughters, of which Elizabeth married John Pritelwell ; and Alice married John de Sutton, and had a daugh- X Ibid. jej. Joane, one of the coheirs to Margaret De la Warde.J John de la Ward T (1 w.) T:Robert, sum. to pari. 28 Edw. I.T=Ida, dau. of Robert lord Fitz Walter .=Hugh Nevil. (2nd hus.) I ' 1 ' 1 Simon lord de la Joane, daughter=j=Hugh Meignell, ob. Margaret.t daughter and coh.,^=Thomas Staple, Ser- Warde, ob. s. p. and coheir. J 7 Edw. III.* remarried John Chanceaux. | geant at law. Hugh, ob. 37^Alice, cousin and heir of Richard, Elizabeth, married AKce, married John Edward III. Roger Everton. e. p. John Pritelwell. de Sutton.-j Richard, 49 Edw. Ill.^Joha Joane, heir to her grandmother Margaret. Ralph, of Langley, co. Derby, 10 Ric. Il.^pJoha. John Stanton.^=Joane, dau. and coh.,^^=Thomas Clinton. Margaret, dan. and cob., Thomasine, dau.-pReginald (1st husband.) I 36 Hen. VI. | (2nd husband.) mar. Roger Dethick. and coheir. I Dethick. Margaret, married Anne, dau.^Robert Francis, of Formark, Margaret, dau.-pRalph Basset, of Blore, Ralph Shirley. and heir. j in the county of Derby. and heir. in the county of Stafford. I 1 ' 1 ' 1 Thomas Cecily Francis.T=William Fitz Thomasine^r^Philip Okeover, of Okeover, William Basset, ob. Francis. I Herbert. Basset. [ in the county of Staiford. 14 Hen. VII. Nicholas Fitz Herbert, of^ Ralph Okeover, Elizabeth, married Ralph Burton, of Fald, in Upton, 15 Hen. VIII. ob. 1494. co. Stafford, ob. 24 Hen. VIII. Joice, mar. Robert Richardson. Anne, mar. Thomas Banester. Dorothy, mar. 1st ... . Everard, 2nd .... Clarke. * He was of Langley Meynell in the county of Derby, and of Newton in the county of Warwick. His issue by Joane De la Ward assumed the arms of De la Ward, which the Meynells of Derbyshire thenceforth continued to bear.— fSrooi'i MS. Baron.) t An entry in the College of Arms by T. C. Brooke, Somerset Herald, {no. 6) makes Simon and Joane to be the issue of Kobert De la Ward by Ida Fitz Walter, but the following record cited by Morant in his history of Essex (vol. i., p. 309) shows they were issue by his first wife, viz.; "Shapland Manor in com' Essex datum fuit per Robt. Fitz Walter cum Ida filia Koberto De la Ward tentum in capite de honore Bolonijc. Ida (sive Idonea) fuit uxor eecunda Pradicti Robert! per quam Margareta filia et cohajres per pri- mam uxorem habuit Johannam filiam nuptam Hugoni de Meynell." Morant then says the said Margaret married Thomas Staple, and they two held jointly along with Joane and Hugh Meynill a moiety of the manor of Shapland. Thomas Staple, Serjeant at Arms to king Edw. III., ob. 1372, and was buried at Shapland. Margaret re-married Sir John Chanceaux, ob. 1389.— C&cA. 13 Bic. II). , DE LA WARRE.— (22 Edw. I.) RoGKB LA Warbe had his first summons to parliament the 22 Edw. I.; but, al- though no place nor time of meeting was appointed in the writ, yet is certain a parlia- Pari. 22 Ed. I. ment was holden in that year, at Westminster.§ After this, he had summons from the I Edw°'ll. ° 27 Edw. I. to the 4 Edw. II., to whose coronation he was also summoned. || 5 Placita in BARONIA ANOLICA CONCENTRATA. 189 In the 29 Edw. I., he was one of those who in the parliament at Lincoln signated the letter then addressed by the earls and barons of England to the pope, being then written " Rogervs de Warre, dominm de Jsefield." He married Clarice, eldest of the daughters and coheirs of John de Tregoz, baron of Ewyas Harold, in the county of Hereford, and dying circ. 14 Edw. II., was succeeded by John le Warre,* his son and heir, who had summons vita patris, the 1, 2, and 3 *f g^'^.^'^'^ Edw. II. The 5 Edw. II. he is styled a baron, the writ of that year distinguishing the persons summoned by their respective ranks, viz : comiies et barones.-f From this period t Ibid, he continued to be summoned to the 16 Edw. III., and died the 21 of the same reign. He married Joane daughter of Robert, and sister and heir of Thomas de GreUe, or Gresley, and thereby acquired the manor of Manchester, in the county of Lancaster. He had a son John, his eldest son, who died in his lifetime, leaving by Margaret his wife a son Roger, heir to his grandfather, which Roger, third lord De la Warre, had summons the 36 and 37 Edward III. He was in the celebrated battle of Poictiers, where John the French king was taken prisoner, the honour of whose capture was given to him and Sir John Pelham, and they had each a badge of distinction granted to them, to be borne in their arms in commemoration of so signal an action. He died the 44 Edw. III. By Elizabeth his first wife, daughter of Adam lord Welles, he had two sons, John and Thomas, whereof, John le Warre, the eldest, was his successor, and had summons to parliament from the 44 Edw. III. to the 21 Ric. II., the year after which he died, s.p., leaving Tho- mas his next brother his heir, which Thomas le Warre was a priest, rector of the church of Manchester, and had sum- mons to parliament from the 23 Ric. II. to the 4 Hen. VI., by the appellation of "Magis- tro Thoma de le Warr," the year which he died, s.p. With him terminated the male succession of Le Warre ; but Roger le Warre, father of the last barons, John and Thomas, had by his second wife Eleanor, daughter of the lord Mowbray, an only daughter Joane, who married Thomas lord West, whose son Reginald West, by reason of this descent, was afterwards summoned to parliament as " Reginaldo la Wan-e, chiv'. The ground of this succession is thus recited, in Dodderidge's Treatise of Nobility, viz : " that Thomas lord de la Warre being seised in fee tail of certain demesnes, under a fine levied in the time of his ancestors, of the barony of De la Warre, had died s.p. ; and Reginald West, of the half blood, was next heir, by reason of the entail." From this it is to be deduced, that the succession to the barony was in this instance governed by the succession of the baronial estate, and not by any right derivable from the writs of summons as creative of a personal descendable dignity. Mr. Edmondson in his " Baronagium Genealogicum," recites the Inq. p. m. of the 5 Hen. VI., on the death of Thomas, the last lord De la Warr, to rmi, viz. ; "That 190 BABONIA ANGLICA CONCENTRATA. John Griffin was the heir general of Thomas lord De la Warre, viz.; son of Thomas, son of Catherine, daughter of Catherine, sister to John, father of Roger, father of the said Thomas lord De la Warre, and then thirty years of age and upwards." * P. 228. Mr. Collins, in his Baronies in Fee, or Parliamentary Precedents,* makes the des- cent of John Griffin very differently, which is the same as in Doderidge's Treatise; they both stating it as under : John le Warre, ob. vi. pat. Elizabeth, daughter of Aclain=pRoger lord le Warre ,=pEleanor Mowbray. Catherine.=p Nicholas lord Welles. (1st wife.) j ob. 44 Edw. III. | (2nd wife.) I Latimer. John, s. p. Thomas, s. p. Joane, married Thomas West. Catherine, daughter and heir.=f=Thomas Griffin. r -^ I ' Reginald West, lord de la M arre. John Griffin. CoUins's statement was most probably copied from Doderidge. The following pedigree by Vincent more accords with the Inq. p. m., cited by Ed- mondson ; but makes Catherine Le Warre to have married Warine Latimer, whose t Vid Latimer daughter, and eventually heiress, Elizabeth, married Thomas Griffin.f of Braybroke. DE LA WARRE.—ViNCENT, 284. Roger de la Warre, temp. Edw. IL=pClarice, daughter and coheir of John de Tregoz, of Ewyas. I ' r-i John, jure ux., cousin and heir of Hubert de-pJoane, daughter and coh. of Robert Clarice. — Roger Savage. Burgh.— JBscA. 21 Edw. III., n. 56. | Grelly, lord of Manchester. Margery.=Thomas Doudall. r ' n John, ob. vi. pat.=pMargaret, dau. of Robert Holland. — Esch. 23 Edw. III.,n. 90. Catherine.^f^Warine Latimer. 1 . Elizabeth, dau. ^Roger, ob. 44 Edw.=p2. Alianor 1 John, s. p. ; 2 Warine, s. p. ; Elizabeth, heir to her bro- of lord Welles. | III. — Esch. n. 68. | Mowbray. 3 Thomas, s.p. ; 4 Edward, s.p. thers, m. Thomas Griffin. I ' 1 I John. — Esch, 22=pElizabeth, daughter Thomas, a priest, heir to his Joane, wife of Tho- Richard II. of brother, ob. s. p., 5 Hen. VI. mas West. T£jiizaueiu, UHUgnier luuiuas, a pncsL, ucir lu uis of brother, ob. s. p., 5 Hen. VI. 1 John, ob. vi. pat., s. p. After the succession of the family of West to the barony of De la Warre, it appears that Thomas West, grandson of Reginald, and the third of his name baron, by his first wife, Elizabeth Mortimer, had a son Thomas, the next and fourth baron, who died s.p., and by his second wife Eleanor Copley, had three sons, viz., Owen, George, and Leo- nard. Of these Owen, the eldest, left a daughter, and eventually sole heiress, who mar- ried Sir Adrian Poynings, and after his death. Sir Richard Rogers, knight. By Sir Ad- rian she had issue three daughters, coheiresses as it may be considered to the baronies of fVest, and West Delawarre ; and between their representatives still extant. Those baronies on the^ precedents of modern decisions remain in abeyance ; nevertheless the BARONIA ANGLICA CONCENTBATA. 191 barony of De la Warre, on the death of Thomas the fourth baron, went to the issue of his half brother George, younger brother of Owen West. On the legal ground of suc- cession, Mary, daughter and heiress of Owen West, was entitled thereto, and her daugh- ters were her coheirs ; but it is said that Sir Adrian Poynings, her first husband, was an alien born ; which may account for the otherwise passing over her interest to the next male line. Sir Harris NicolasJ observes, it is a singular fact, that in the proceedings on this * Peerage barony, temp. Eliz., no allusion is made to this Mary, or her descendants ; and in the p''°84!"^^° ' last report of the Committee of the House of Lords, on the dignity of a peer of the realm, it is also silent on the subject. DENNY.— (2 James I.) Sir Edward Denny, or Denney, had summons to parliament by writ directed " Ed- wardo Denney de Waltham, Chiv.' teste ^r. 27 Oct., 2 James I." and from thence to the 1 Charles I. He was afterwards created earl of Norwich, in 1626, and died in 1630, without issue male, whereby his earldom became extinct ; but the barony devolved upon his daughter and heiress, who married James Hay, who the 13 James I. was created lord Hay, of Sauley, in the county of York ; and afterwards viscount Doncaster, and earl of Carlisle. By Honoria Denny he had issue a son James, second earl of Carlisle, and also a daughter Anne, who died young. James the earl dying s.p., the barony of Denny, and all the other titles became extinct. DESPENCER.— (49 Hen. III.) Hugh Despencer was chief-justiciary of England, and one of the principal barons who sided with Simon de Montfort against Hen. III., and was summoned to the parlia- ment called by the confederate lords in the king's name, the 49 Hen. III. He was after- wards slain with Simon de Montfort, in the battle of Evesham. Hugh Despencer his son, was summoned to parliament from the 22 Edw. I. to the 15 Edw. II.,'' when he was created earl of Winchester;* but in the several writs from ^ chart. 15 the 8 Edw. II. he was styled Senior, to distinguish him from his son Hugh, styled Junior, ^'^''- ^^• who had summons until the 19 Edw. II., when they were both executed, the father at Bristol, being then 90 years of age, and the son at Hereford. ^ As Hugh le Despenser he was summoned to the coronation of Edw. II. 192 BARONIA ANGLICA CONCENTRATA. Hugh, son of the last named Hugh, however found so much favour from Edw. HI., that he had summons to parhament from the 12 to the 22 Edw. HI., but died the same year, s.p., leaving Edward liis nephew, (son of his brother Edward deceased) his next heir, which Edward had summons from the 31 to the 39 Edw. III., and dying the 49 Edw. IH., was succeeded by his son Thomas, who had summons in the 20 and 21 Ric. II., and was created earl of Gloucester, by which title he thenceforth had summons to parhament : but he was afterwards degraded from his title of earl of Gloucester, beheaded and attainted the 1 Hen. IV., and his honours became forfeited. He had a son Richard, and two daughters, Elizabeth and Isabel. Richard the son died infra eetatem, s.p.; and Eliz- abeth having also died young, Isabel became sole heir, and married Richard Beauchamp lord Abergavenny, and earl of Worcester, by whom she had an only daughter and heiress Elizabeth, who married Edward Neville, as under the article Abergavenny, has been ide Aber- jjgfojg noticed.* The barony of Despencer thus remained dormant, as one forfeited, tUl Mary, sole daughter and heir of Henry Neville, fourth lord Abergavenny, claimed that barony, which being confirmed to the heir male possessor of tlie castle of Abergavenny, she, as an equivalent, had conferred upon her the barony of Despencer, though it was not claimed by her, and was at that time forfeited. It is rather matter for observation, that on this occasion she had the precedence given to her above Abergavenny ; whereas the barony of Despencer could not claim prior to the 49 Hen. III., which writ could not be considered a summons to a regular parhament, and therefore not creative of any here- ditary dignity ; while on the contrary, Abergavenny was a barony by prescription, whereof every possessor from the time of the conquest had the reputation of a baron, and had been summoned to parliament after that form was brought into practice. This lady married Sir Thomas Fane, whose grandson Mildmay was created earl of Westmorland, from which title the barony of Despencer separated on the decease of John, the seventh earl, s.p.m., when his two sisters, Mary married to Sir Francis Dash- wood, and Catherine to William Paul, esq., became his coheirs general. The abeyance was determined in favour of the Dashwood family ; which, failing of issue, the barony was thereafter given to Sir Thomas Stapleton, hart., grandson of Catherine Paul, and in his heirs general it now remains. PHILIP DESPENCER.— (11 Ric. II.) Philip Despencer (presumed of the same family)* had summons from the 11 Ric. II. to the 2 Hen. IV. He married Ehzabeth, the youngest of the three daughters and heirs • He is said to have been grandson and heir of Philip Despencer, a younger son of Hugh earl of Gloucester. BARONIA ANGLICA CONCENTRATA. 193 of Robert de Tibetot, and had a sole daughter, Margerj', who married Roger Wentworth, esq.; of whose descendants Dugdale does not make mention; but in whom this barony is vested. This Margery (though unnoticed by Dugdale) was first married to John lord Roos, who was slain, with the duke of Clarence, at Baugy Bridge, temp. Hen. V., s.p., and lea\'ing her a young widow, she had dower in the castle of Hamlake and other lordships in the county of York, and married Roger Wentworth to her second husband,* by whom ^^''^vi'^'^'''^ she had issuet Sir PhiHp, of Nettlested, from whom is descended the present baroness f Inq.lSEdw. Wentworth, of Nettlested ; and Henry Wentworth, of Codham, in Essex, esq. — fVide Wentworth of Nettlested.) DEVEREUX.— (27 Edw. I.) William Devereux had summons the 27 Edw. I., as William de Ebroicis, but never after ; but in 1384, John Devereux, who appears to have been his grandson, had sum- mons from the 8 to the 16 Ric. II. He died in 1394, leaving John his son and heir, who died infra eetatem, s.p., leaving Joan his sister and heir, who married Walter lord Fitz Walter, and thereby united this barony therewith. DEVON.— (1 Queen Mary.) This title being one of an earldom may be considered as not properly coming within the subject of this work, with reference to baronies by writ; but, being an anomaly in the usu- al limitation of the descent of English peerages, it forms an interesting topic for notice. The earldom of Devon came into the family of Courtenay by female succession, as heir general to Richard de Redvers, who had the earldom of Devon granted to him and his heirs, by king Henry I.; who dying in 1262. s.p., his sister Isabel was his heir, who styled herself countess of Devon, and married WiUiam de Fortibus, earl of Albemarle ; whose only issue which survived, was Aveline daughter and heir, who married Edmund Plantagenet, earl of Lancaster, and died s.p. ; whereupon Hugh Courtenay became next heir to the said Aveline, and Isabel de Fortibus her mother : viz., son and heir of Hugh eldest son of John, son and heir of Robert de Courtenay by Marj^, sister of Baldwin de Redvers, (who died vita patris William the sixth earl), father of Baldwin the seventh earl, grandfather to the said Isabel. To this Hugh Courtenay king Edward III. allowed the earldom of Devon, with the third penny of the issues of the county whereof he was earl. From this Hugh descended Thomas Courtenay, the sixth earl of Devon, who was attainted and beheaded in 1461, when his honours became forfeited. Afterwards in the VOL. I. A a 194 BARONIA ANGLICA CONCENTRATA. first of King Henry VII., Edward Courtenay, son and heir of Hugh, eldest son and heir of Hugh Courtenay next brother of Edward the third earl, was created earl of Devon, to him and the heirs male of his body. This was a new creation, because the attainder of earl Thomas remained not reversed. This new earl died ia 1509, leaving a son and heir WiUiam, who having been attainted in his father's lifetime, could not inherit the earl- dom ; but having married the lady Katharine Plantagenet, daughter and coheiress of king Edward IV., and sister of the queen consort, mother of king Henry VIII., he was by that king created earl of Devon 10th May, the 3 Henry VIII., to hold to him and the heirs male of his body. He died the same year, and left issue a son Henry, which Henry succeeded to the earldom created in the person of his father ; and having ob- tained the reversal of his father's attainder, he became earl of Devon, also under the patent of the 1 Henry VII. to his grandfather; after which, the 17 Henry VIII., he was created marquis of Exeter, to hold to him and the heirs male of his body ; but, never- theless, in the 31 Henry VIII., he was attainted of high treason and beheaded, which attainder has never been reversed. Sir Edward Courtenay his son and heir, in consequence of this attainder, did not succeed to his father's honours ; but on the accession of queen Mary, he was by patent, dated 3rd September, 1553, (1 queen Mary) created earl of Devon, to hold to him and his heirs male for ever — a very unusual limitation in English peerages. In the October following, he was fuUy restored in blood, but his father's attainder still remaining unre- versed, he could not succeed to the earldom of Devon, created either by the patent of the 1 Hen. VII., or that of the 3 Hen. VIIL, or to the marquisate of Exeter. Dying afterwards at Padua, in Italy, 18th September, 1556, unmarried, the issue of his great aunts, Isabel Mohun, Maud Arundel, Elizabeth TrethurfFe, and Florence Trelawney, the sisters of Edward, created earl of Devon the 1 Hen. VII., were found his next heirs. But Sir William Courtenay, of Powderham, lineally descended from Sir Philip Courtenay, of Powderham, a younger son of Hugh, the second earl of Devon, who died the 5 1 Edw. Ill, was his then next heir male, he died shortly after earl Edward, viz., 29th September, * Devon Case 1557,* leaving William his son and heir, who, nor any of his male issue ever assumed to claim the earldom, till the late viscount Courtenay preferred his petition to be allowed the same, after a lapse of above two hundred and fifty years, and during which time they had seen the title granted by the crown, first to Blount lord Montjoy, and upon his death s.p.m.l., to the lord Cavendish, in whose family it still remains merged in the higher dig- nity of duke of Devonshire. Had not the earldom been deemed extinct upon the death of earl Edward Courtenay, s.p. in 1556, it can scarcely be supposed it would have been con- ferred on other noblemen who were not in any way connected with the Courtenay family. It was suggested in the case suljmitted to the lords' committees of privileges by lord Courtenay, that the patent itself was presumed to have passed with the title deeds of the lands to the heirs of the earl, and did not fall into the hands of the heir male. BARONIA ANGLICA CONCENTRATA. 195 Assuming this to be true, there nevertheless was a course to have been adopted to discover it by a research at the record office, from which the copy brought forward on this occasion was obtained. Yet, the idea of any right vested in the heir male, seems totally to have been un- thought of, not imagined, or the heir male of this ancient and proud family would not have subsequently condescended to accept the very inferior title, first of a baronet, and afterwards of a viscounty of so late a creation. The many claims to Scotch peerages, which have been preferred to the House of Lords, whereof the titles had been granted by the kings of Scotland to heirs male, without the words de corpore, to confine the des- cent to the male issue of the party ennobled, were referred to, as precedents similar to the words hmredibm masculis in perpetuum, recited in the patent to earl Edward Cour- tenay. But it is to be observed, that in the Scotch charters of peerage creation, the words generally are " haeredibiis suis masculis quibuscunque" or " hceredibus masculis no- men et arm.a familim gereniibus" thus clearly declaring to what heirs male the same should descend ; which words not Ijeing in the Courtenay patent, leaves it rather to be beheved that the words de corpore suo, were left out by accident on the part of the copying clerk, and were not so by design or intention of the queen. One point remains deserving particular notice, which is, that the viscount Courte- nay, the petitioner, was at the time of bringing forward his claim, labouring under the imputation of an infamous crime, for which a true bill of indictment had been found against him; to which instead of remaining to face the accusation, and have his innocency tried, he had left the kingdom, and for many years resided abroad. Being thus an exile from the House of Lords in which he had a seat, and yet dared not take it, the as- sumption of seeking an higher dignity in the same parliamentary assembly, is probably an instance of setting law at defiance rarely known.'' Had such a claim, however weU founded, been brought forward by a person in more humble life, and less powerful connexion, labouring under a similar imputation, which he had not ventured to meet, it may be doubted whether he would even have obtained an attorney-general's report, much less the approbation of the House of Lords. DINAN.— (23 Edw. L and 6 Edw. IV.) Oliver Dinaunt, or Dinan, had summons to parliament from the 23 to the 28 a Sometime after the imputation against lord Courtenay had become a subject of public talk, the then marquis of Carmarthen brought it forward in the House of Lords, but their lordships deeming that to entertain any motion on so delicate an affair, would reflect no honour upon their body, the motion of the marquis was not pressed to the adoption of any proceedings. — (Vide the Diurnal Papers of the day.) 196 BARONIA ANGLICA CONCENTRATA. Edw. I.," but not after. He had issue Josce his son and heir, but neither lie nor any of his descendants had the like summons till the reign of Edw. IV., when John, (then written Dynham) supposed to be the great-great-great-grandson, was called to parliament by writ directed " Johanni Dinham de Care Dinham, Chiv\" from the 6 Edw. IV. to the 12 Hen. VII. He died circ. 1509, in which year his wiU was proved, dated 7 January 1505 ; not having any legitimate issue, the barony, considered to be one de novo, expired with him. But nevertheless presuming him to have been the heir representative of Oliver, summoned the 23 Edw. I, then any barony created by that writ, did upon his death s.p.l., become in abeyance among his sisters and coheirs ; where- of Elizabeth married first, Fulke lord Fitz Warren — secondly, Sir John Sapcoate, knight ; Joane married John lord Zouche of Haryngworth ; Margaret, Sir Nicholas Carew, knight ; and Catherine, Sir Thomas Arundel, knight. Respecting this lord Dynham it is to be observed that Francis Thynne, in his Cata- logue of lord Treasurers, p. 1 254, says he was created lord Dynham in the 1 Edw. IV., shortly after his coronation, and that he died the 16 Hen. VII., on the 30th January, 1500, and was buried in the Grey Friars, London,'' that he married Ehzabeth, daughter of the lord Fitz Walter, and had issue George, Philip, and four daughters, viz. ; Marga- ret, Joane, Elizabeth, and Catherine. Dugdale, on the authority of Stow, says the lord Dynham died the 17 Hen. VII., 1501, Lysons mentions in the first volume of his Environs of London, page 284, that there was a tomb formerly in the chancel of Lambeth church for George, son of John lord Dynham, who died in 1487, and for Philippa his daughter, who died in 1485. At Radnage, in the county of Buckingham, is the following monumental inscription, viz. : " Here lieth iVllliam Tyer, Preacher of God's worde, late Parson of Radnage, who took to wife Jane, daughter of George Dynham, Son of Sir Thomas Dynham, Knt., Son and heir of Joh?i lord Dynham, and departed this life the 3rd day of August, A. D. 1605." This Thomas is however stated to have been a natural son of the lord Dynham ; yet, under these conflicting statements, the true fact is rather difiicult to be ascertained. It is to be noticed, notwithstanding that the barony of Dynham may be considered to have expired, there was a baronial descent vested in his coheirs, derived from the marriage of John Dinan, or Dynham, his great grandfather, with Joan (or Muriel), daughter and co- heir of Sir Thomas Courtenay by Muriel his wife, one of the daughters and coheirs of John baron de Moels, who died the 11 Edw. III. — Vide Moels. a Though his name is included in the first writ of this year to a parliament at Westminster, it appearii he died the 27 Edw. I., when Josce his son and heir had livery of his lands. — (Or'iglnalia 27 Edw. I., Rol. 6.J b Ex Reg. Grey Friars. D'ns Joh'is Dennha' Baro qui ob. 28 January, 1501. BARONIA ANGLICA CONCENTRATA. 197 DUDLEY.— WARD.— (3 Will. III.) This is a most ancient barony, which by the possession of the castle of Dudley, passed by an heir female of Paganel to the family of Someri,* and in like manner from Someri * Vide Somen, to Sutton ; t and by the marriage of the heir general of Sutton into the family of Ward ; -|. vide Sutton. but it is questionable, whether, as a barony by the title of Dudley, it ever was specifi- cally used, or allowed, till it was so recognised in the name of Ward. Sir Humble Ward, in the time of Cha. I., married Frances, granddaughter and then sole heiress apparent to Edward lord Sutton de Dudley, and was created baron Ward, of Birmingham, in the county of Warwick, March, 1643-4. His son Edward Ward, upon his father's death, sat first in parliament, 5 Dec, 1670, as lord Ward ; and upon the decease of his mother, sat first in parliament, the 28 Jan., 1697, as lord Dudley and Ward. He died in 1701, and was succeeded by Edward his grandson, (son of William his eldest son, who died vi. pat.,) which Edward, second lord Dudley and Ward, died in 1704, leaving Edward his only son and heir, baron Dudley and Ward, who died unmarried, in 1731, whereupon the said baronies devolved upon his uncle William, which William, fourth baron Dudley and Ward sat first in parliament, 2 May, 1735, but died unmarried, in 1740, on which event the two baronies separated; that of Ward being limited to the issue male of Humble the first lord Ward, devolved upon the next heir male, John Ward, of Sedgley Park, in the county of Stafford, esq.; and the barony of Dudley descended to the issue of Frances (then dead) sister and heiress to the de- ceased baron. She married WiUiam Lea, of Hales Owen Grange, in the county of Salop, esq., and had Ferdinand Dudley Lea, her son and heir, who having had summons to parliament, took his seat as baron Dudley, 26 Nov., 1740. He died in 1757, unmarried, as did his brother William — whereby the barony fell into abeyance, and so remains between their five sisters and coheiresses, or their present representatives : — of these sisters, Anne married William Smith, of Ridgeacre, in the county of Salop, esq., and had issue ; Frances married Walter Woodcock, esq., and had issue ; Mary married Harvey, esq. ; Cath- erine married Thomas Jordan, esq.; and Elizabeth wedded the Rev. Benjamin Briscoe. ECHINGHAM.— (5 Edw. IL) EcHiNGHAM is the name of a manor in the county of Sussex, in which the ancestors of this family were stewards of the Rape of Hastings, and held the said manor with its 198 BARONIA ANGLICA CONCENTRATA. members by the service of five knight's fees, and a third part ; but none of the family are noticed as having had summons to parhament before the reign of Edw. II., when WiUiam de Echingham is mentioned as having been summoned from the 5 to the * Dug. Sum. 15 Ed^. IX. inclusive,* but when he died, who he man-ied, or had issue, Dugdale is silent. By some authorities he is stated to have deceased the 20 Edw. II. s.p. ; but ac- t Vincent cording to Vincent,t and a pedigree among the Harleian MSS.,J he is represented to e^inCoU. Ar! have married and had issue; and Camden recites that the inheritance of the Eching- j No. 1174, p. jiams by heirs female, passed to the barons Windsor, and the Tirwhitts ; but none of his issue ever had summons to parliament. ROBERT ECHINGHAM.— (1 Edw. III.) This Robert de Echingham is mentioned by Dugdale to have had summons to parlia- ment the 1 Edw. III., and to have died the following year, leaving Simon, his brother and heir, who never had any summons, nor any other of the Echingham name, except- ing the before mentioned William. On referring to the writ of 1 Edw. III., it purports to be a summons equi^ et armis, but not to a parliament ; the name is certainly among those of the earls and barons, and in such respect intimates him to be one, as Dugdale citing Esch. 2 Edw. TIL n. 18, says Robert de Echingham died seised of the manor of Echingham, with its members, which he held by the service of five knight's fees, and a third part. There seems to be reason to believe that WiUiam the baron died s.p., according to the following pedigree : — William de Echingham, ob. 21 Edw. I. William, ob. 20 Edw. II., s. p. Robert, bro. & heir, ob. 2 Edw. III., s. p. Simon, bro. & heir, ob. ante 15 Edw.III. In the Harleian MSS.j at the British Museum, is a pedigree of this family, as also one in the College of Arms, nearly agreeing with it, from which it might be assumed that the baron left issue a son Thomas, he being styled Baro de Echingham. Yet after William none had summons to parliament, but Robert ; if that summons of the 1 Edw. III., can be allowed to be one. He however died s.p., which terminated any baronial claim derivable from him. These pedigrees, therefore, are merely given to be estimated so far as they may go to show a supposed baronial continuation of the family, till it ter- minated in female coheirs. The name has sometimes been written Echingham, and Itchingham. BARONIA ANGLICA CONCENTRATA. 199 ECHINGHAM. William de EchingUam, of Echingham, in the county of=pJoane, daughter of John de Arundell, Sussex. — Fire. 6. Qtiid Non. (43) m Coll. Arm. I lord Maltravers. I Thomas, baron of Echingham.=f: , daughter of Knevet, of Norfolk. 1. Margaret, Sau. of ... . West, lord De la Warr.T=Thoma8 de Echingham.=f=2 — Harl. MSS., no. 1174 (85.) I ^ ' , Margaret, married ^\ illiam, son of Walter Anne, married first Roger Fienes, -pAnne, daughter Bfcunt, lord Montjoy.* secondly Godard Oxenbridge.f Echingham Jiiuuc, aai of Pigot. John Echingham, of Bassam, in the county of Sussex. -i-Anne, dau. of Sir John Wingfield. Edward Echingham, of Bassam, knt.^Aune, widow of Lewknor. , :r wife of OwcQ Hopton, lieutenant of the Tower, . . . . , wife of John Blenherhasset, of . . . . , in co. Sussex • The Harleian MS. differs from VinceBt, and states her to have married, first, Edward Blount ; and secondly. Sir John Elrington. These daughters were coheirs to their mother, but not to their father in the barony of Echingham. But Edward is certainly erroneous, as "William was the right name, and so mentioned in the will of his father Walter Blount, lord Montjoy. + She had issue by Roger Fienes, whereof a daughter Anne married Kobert Hawley, of Ore and Guestling in Susses. — ^Berry's Sussex, GenealogJ And by Oxenbridge also issue, from which came Elizabeth, the wife of Sir Robert Tirwhitt, whose daughter and heiress Catherine married Sir Henry D'Arcie, knight. ENGAINE.— (25 Edw. I.) John D'Engaine, lord of Blatherwick in the county of Northampton, had summons to parliament from the 25 Edw. I. to the 14 Edw. II., and died the 16th, s.p. He was one of those who in the parliament at Lincoln, the 29 Edw. I., suhscribed his name and seal to the letter to the pope, being then written "John de Engaine Dominus de Colum." He was also summoned to the coronation of Edw. II. John Engaine, nephew to the preceeding John, (being son of his brother Nicho- las) had summons to parliament from the 16 to the 34 Edw. III., though Dugdale in his Baronage states he died 14 February, 1358., which would be the 32 Edw. III., thereby contradicting his Lists of Summons, which contain his name in that of the 20 Novem- ber, 34 Edw. III. He left issue one son Thomas, and three daughters, named in the re- cord Jocosa, Elizabeth, and Maria, which Thomas was never summoned to parliament, and died s.p., 41 Edw. III., leaving his three sisters before named his coheirs, in whose re- presentatives the barony may be considered in abeyance f of these ladies, Jocosa mar- ried John de Goldington ; Elizabeth, Sir Lawrence Pabenham ; and Maria, Sir Wil- liam Bernack, knight. a Vide Harl. MSS. No. 1995. Mrs. Jane Shelley, heiress to the barony of L'Engalne.— rJ^o^. 35, et teg.) 200 BARONIA ANGLICA CONCENTRATA. / John Engaine, ob. 25 Edw. I.=pJoane, daughter and heir of Henry Gray. I 1 1 John, summoned to parliament from the 25 Edw. I. to the Nicholas.-i-Amicia, daughter of 14 Edw. II., ob 16 Edw. II., s. p. | Walter Fauconberge. John, sum. to pari, from the 16 Edw. II. to the 31 Edw. III., ob. 32 Edw. III.=pJoane, dau. of Sir Robert Peverel. ^ 1 ^ ^ 1 , Thomas, ob. 41 Joice, sister and coh., mar. Elizabeth, sister and coh., mar. Maria, sister ^d coh., mar. Edw. III., s. p. John de Goldington.-i Sir Lawrence Pabenham.-) Sir William Bernacli. Robert, s. p. 1. Sir Thomas Aylesbury .=rCatherme, only dau. & heir, or rather dau. & coh.*T=2. Sir John Cheney. r Thomas, s. p. Isabel, married Sir Thomas Chaworth. Lawrence Cheney .-r-. Sir John Cheney .T=Eli2abeth, daughter and coheir of Sir Thomas Rempston. I Sir Thomas Cheney, ob. 14 January, ISlS.^^Anne, daughter of Sir William Parr, of Kirby Kendal. Elizabeth, daughter and heir.=i=Thomas lord Vaus. I 1 1 ^ 1 William, third lord Vaux. Nicholas. Anne, married Reginald Bray. Maud, ob. innupt. • Monumental inscription at Launde, in the county of Leicester, of Sir Thomas Chaworth, names her daughter and coheir of Sir Lawrence de Pabenham. ERDINTON.— (9 Edw. III.) Henry de Erdinton, whose name was assumed from the manor of Erdinton, in the county of Warwick, which manor his ancestors had by the grant of Gervase Paganel, baron of Dudley, married Maud, one of the daughters and coheirs of Roger de Somery, by Nichola his first wife, one of the sisters and coheirs of Hugh de Albini, earl of Arundel, and by her had issue Henry his son and heir, which Henry de Erdinton, in the 34 Edw. I., was created a knight by the ceremony of bathing, at the same time with prince Edward, the king's eldest son. Having served in the wars of Scotland, he was summoned to parliament among the earls and barons, the 9 Edw. III., but never after, nor any of his descendants. He married Joane, one of the daughters and coheirs of Su* Thomas de Wolvey, of Wolvey, in the county of War- wick, and had issue Giles his son and heir, whose son and heir Thomas was father of another Thomas, and he of a third Thomas living in the time of Hen. VI., who, Dug- dale in his antiquities of Warwickshire, asserts was the last of the family which possessed the manor of Erdinton, or Erdington. EVERINGHAM.— (2 Edw. II.) Robert' DE Everingham married Lucia, daughter and heir of Robert de Thwenge, and had issue Adam his son and heir, which BARONIA ANGLICA CONCENTBATA. 201 Adam de Everingham (of Everingham in the county of York) had summons to par- liament from the 2 to the 9 Edw. II.; but, although he lived many years after, was never summoned again. This Adam entailed his manor of Laxton (or Lexinton) on Adam his eldest son, and in default of issue male, on Robert, Edmund, Alexander, and Nicholas, his younger sons successively. He died 15 Edw. III., (1341).* * Esch.no.33 Adam, his eldest son, was summoned to parliament the 44 Edw. III., as Adam de Everingham, de Laxton, in which year he died, leaving Robert (son of William, who died in his lifetime) his grandson and heir;t which Robert never had summons to parliament, ^ Eseh. 33 but died s.p., his sisters being his heirs ; whereof, Joane married Sir William Ellys, knt., ^'im- no. 50 and Catherine John, the son of Thomas Elton, esq.; Joane who married Ellys, is said to have been married secondly to John Waterton. Whatever barony of Everingham might be acquired from the aforesaid writs of sum- mons, became vested in the descendants of these coheiresses. But the ingenuity of a deceased learned herald,J with a view to gratify the ambition of a Scotch nobleman,§ to + Francis be a peer of England of ancient descent, made a pedigree for his lordship, which in W. H. Wood's edition of Douglas's Scotch Peerage is thus set forth. || Rosebe^ " Mr. Townshend, Windsor herald, made a report that William de Cressy was sum- " ^°'- '"• moned to parliament in the 22 and 25 Edw. I.; and the earl of Roseberry is, by his grand- mother Dorothea Cressy, lineally descended from, and heir general of the family of Cressy of Birkin, in the county of York, who doubtless came originally from the same stock, though I do not find the descent expressly set down; yet it is certain that they always bore the same arms, I find also that Adam de Everingham, knt., was summoned to parliament from the 2 to the 9 Edw. II., as was his son, in the 44 Edw. III. ; that the said Adam de Everingham was nephew of John de Everingham, of Birkin, in the county of York whose lineal descendant, and heir general, Eleanor Everingham, married in 1587, to Gervas Cressy, and' was great grandmother of Everingham Cressy, of Birkin, whose daughter and sole heir, Dorothea, became the wife of Archibald Primrose, earl of Rose- bery, and was grandmother of the present earl, who by virtue of this descent is now heir general of the said families of Cressy and Everingham, and also to those of Birkin, Cawz, and Normamille,* through Isabel de Birkin, mother of the said John de Everingham, and grandmother of the said Adam ; but I do not find that either Birkin, Cawz, or NormanvUle were summoned to parliament. In virtue of this descent the earl of Rosebery is entitled to quarter the arms of these families with his own." After this laboured and farstretched statement, Mr. Townshend concludes merely with saying the noble earl is entitled to quarter the arms of these families ; but cautiously avoids stating that he is entitled to the barony of Everingham, although he says that by Dugdale does not mention this name in any part of his Baronage. VOL. I. Bb 20Z BARONIA ANGLICA CONCENTRATA. virtue of this descent, the earl is heir general of the families of Cressy and Everingham, both of which he commences with describing as having had summons to parharaent, and thereby speciously intimating a right thereto. isariS abiV • L CAUZ, BIRKIN, AND EVERINGHAM. " J- Robert de Cauz, temp. Hen. II I 2. Ralph Fitz=:Maud, dau.=pl. Adam Fitz Peter, lord of Birkin, which Peter had Stephen. and heir. I two brothers, Thomas and Roger. John Fitz Adam Fitz Peter, of Birkin.=p. , I I 1 Thomas de Birkin, s. p. Isabel, sister and heir.-j-Robert de Everingham, temp. Hen. III. I ' 1 1 Adam de Everingham, ob. 9 Edw. I., of Stainborough,-p John,* to whom his mother Robert,* rector in the county of York. — Hunter, vol. ii., p. 263. I gave Birkin. of Birkin. I 1 1 1 1. Robert, ob. 15 Edw. I.=pLucia, d. & h. of Robert deThwenge, rel. of W. Latimer. 2 Adam, 3 John, 4 Thomas. r ' 1 Adam, sum. to pari. 2 Edw. II., ob. 15 Edw. III.^ Robert, s. p. — Dodsw. 416, v. 3cx., p. 47. I 1 1 1 1 Adam, sum. to pari. 44 Edw. III., ob. 11 Ric. II.=j=Joane D'Eivill. Robert. Edmund. Alexander. Nicholas. — I William, ob. vi. pat. ,=t= Alice, dau. of lord 1. Agnes LongTilers,=Reginald, ob. 1 Hen.=p2. Joane , 33 Edw. III. 1 Grey of Codnor. s. p. IV., s. p. | r -r -■ 1 I ' 1 Robert, Catherine, sister and^John, son Joane, sister and-pl. Wm. Ellys. Edmund, Several daughters, 8. p. coheir, Eet. 23, anno 11 Richard II. of Thos. coheir, set. 25, an. I 2. John Waterton. s. p. coheirs to their Elton. 11 Ric. II. brother. 1 1 1 I i ' ^ 1 I 1. Milo, ob. vi. pat.=p 2. Ivo. 3. WUliam. 4. Alexander. Robert Ellys. r ' . \ 1 Elizabeth, married Isabel, married John Roos Margaret, married Anne, married Ro- John Northwood. of Egmanton-t Robert Moresby. bert RowcUffe. • Vide Dugd. Bar., v. ii. p. 55. t His issue failed in the eldest male liue, in the sixth descent from him, when William Boos of Egmonton left a daughter and heir Sarah, who married Edmund Laycock, and had issue, Richard, e.p., and two daughters ; of which, Elizabeth married J. Dickinson, of Claypole, in the county of Lincoln ; and Deborah, who married J. Ouseley, Bector of Panfeld in Essex. . 11 „V, FALVESLE.— (7 Ric. II.) John de Falvesle, lord of Falvesle, in the county of Northampton, had summons to parliament from the 7 to the 16 Ric. II., inclusive, about which time he died. He married EUzabeth sister and heir to John, son and heir of William lord Say, and is con- sidered to have been summoned /wre uxoris ; but the writs being addressed Johanni de Falvesley, chivalier, they do not support that supposition : he however died s.p., which rendered the barony extinct in him, whether summoned as a personal creation, or in right of his wife. PatesbuU. BARONIA ANOLICA CONCENTRATA. 203 ,«5Trh T '!ti Robert Fitz Walter^ was the principal commander of the barons' army, and appoint- ed to observe the observation of the famous Magna Charta (now a dead letter) of king John. His grandson Robert had summons to parliament from the 23 Edw. I. to the 19 Edw. II.*" In a The potency of this eminent person is manifested in the Liber Niger Scaccarii, wherein his father Walter states his knights' fees to be sixty-three and one half de veteri feoffamento ; and three and a fourth part de novo. It was Maude, the beautiful daughter of this baron, residing at Dunmow, whose chastity king John solicited, and thereby brought on him the wrath and indignation of her father, who then roused the barons to arms. — (Vide nraifion'a Heroick Epistles.) But this is rather considered a fabulous story. rSorfJ^- He was present in,the parliament of the 6 Edw. I. at Westminster, when Alexander king of the Scots did homage for his kingdom ; but no writ of summons is extant for that year. — (Vide Rot. Pari., vol. i., p. 224.^ BARONIA ANGLICA CONCENTRATA. 211 the 29 Edw. I. he was one of the barons in the parliament at Lincoln who subscribed the memorable letter to the pope, asserting the supremacy of England over the realm of Scotland, being then written " Robertm filius Walteri Dominus de Wodeham." He died circ. 19 Edw. II, having married Dervorguil, one of the daughters and coheirs of John de Burgh, and had issue Robert his son and heir, who never had summons to parliament. He died the 2 Edw. III., leaving by Joane his wife,* one of the daughters and coheirs of John de Mul- -^^^f^ m _ ton of Egremond, a feudal baron of great estate, John his son and heir, which Rot. 2. John had summons from the 15 to the 34 Edw. III., inclusive, and died the year following (1361), to whom succeed Walter,^ his son, summoned from the 43 Edw. III., to the 9 Richard II., and died the following year, leaving at that time, Walter, his son and heir, summoned from the 14 Richard II., to the 5 Hen. IV. — He married Joan, daughter, and ultimately heir of John baron Devereux, and by her had Humphry', who died infra mtaiem, s.p., and Walter, the next baron, heir to his brother, which Walter, the last of his name, was summoned from the 7 to the 9 Hen. VI., and died anno 1432, s.p.m,, leaving EUzabeth his daughter and heir, who married Sir John Ratcliffe, knight, son of Sir John RatclifFe, who married Catherine, one of the grand- daughters and coheirs of Hugh baron Burnell.f tVideBumell. "'a' RATCLIFFE BARON FITZ WALTER.— (1 Hen. VII.) This Sir John RatclifFe, by the said Elizabeth Fitz Walter, had John his son and heir, who was summoned from the 1 to the 1 1 Hen. VII. ; but was afterwards beheaded and attainted in 1495, when his honours became forfeited. Robert RatcliflFe, son and heir, was afterwards, by act of parliament, the 1 Hen. VIII., restored in blood and honours, and had summons to parliament from the 3 to the 14 Hen. VIII., by writ directed "Roberto Ratcliff de Fit:: Walter, Chiv." In 1525 he was created viscount Fitz Walter; and in 1529 earl of Sussex, in which superior dig- nities the barony of Fitz Walter remained merged for several successions. He had issue two sons, Henry and Humphry. Henry, the eldest, was next earl of Sussex, and was twice married, first to Elizabeth Howard, and secondly to Anne Calthorpe. By his first wife he had issue two sons, Tho- mas the third earl, who died s.p., and Henry, the fourth earl, heir to his brother ; by his second wife he had a daughter Frances, who married Sir Thomas Mildmay. • He is stated by Dugdale to have married Philippa, daughter and coheir of John de Mohun, of Dunster, and to have had by her Walter his successor ; but this seems erroneous, as it was Robert his eldest brother who married her, and died »i. pat. s.p.-^Vide Peter Le Nevei'i Collectioni, and Blomefield'a Norf., vol. i., p. 9i'S"u' '** toI »j(aaiorl 212 BAEONIA ANGLICA CONCENTBATA. Henry, the fourth earl, was succeeded by his only son Robert, the fifth earl, who died s.p., in 1629, whereupon the barony of Fitz Walter devolved on the issue of Frances Mildmay, his aunt of the half blood ; but the titles of viscount Fitz Walter and earl of Sussex descended to Edward RatclifFe, his cousin, son of Humphry, next brother to Henry the second earl, but this Edward, the sixth and last earl, dying s.p., in 1641, those titles became extinct. MILDMAY BARON Fitz: WALTER. Sir Henry Mildmay, son of lady Frances RatclifFe, by Sir Thomas Mildmay, claimed D^m andEx' the barony of Fitz Walter,* in right of his mother, in 1640, but died in 1654, leaving Bar. vol. ii. Robert his son and heir, who by Mary his wife, daughter and coheir of Sir Thomas Edmonds, knight, had two sons ; Henry, who died s.p., and Benjamin ; also a daughter Mary who married Henry Mildmay, of Graces, esq. This Benjamin Mildmay, great-grandson of the lady Frances renewed the claim of his grandfather, and was allowed the barony, and took his seat as baron Fitz Walter the t Joum. Dom. 14th February, 1669.t He had issue two sons, Charles and Benjamin. + ]bi(j. Charles, second Mildmay lord Fitz Walter, took his seat the 6th November, 1691 ;% but dying s.p. he was succeeded by his brother Benjamin, which § Ibid. Benjamin, third baron, took his seat the 2Sth of January, l727-§ He was after- wards created viscount Harwich and earl Fitz Walter, and died in 1756, s.p., when these dignities became extinct, and the barony of Fitz Walter fell into abeyance between the daughters and coheirs of Mary, the wife of Henry Mildmay, of Graces before mentioned. These daughters were Mary, who married Charles Goodwin, esq. ; Lucy, Thomas Gar- diner, esq.; Elizabeth, Edmund Waterson, s.p.; Frances, Christopher Fowler, mer- chant of London ; and Catherine, colonel Thomas Townshend. . The barony is now under claim before the lords' committees for privileges by Sir Brook Wm. Bridges bart. descended from Frances Mildmay who married Christ. Fowler. Although no writ of summons is upon record for the parliament of the 6 Edw. I., II Vol. i. p. 224 yet it appears from the rolls of pai'liament that|| one was holden in that year, at which Alexander king of the Scots did homage to king Edward, and acknowledged himself his liege man, and at which Robert Fitz Walter was one of those who were present. FITZ WARINE.— (45 Hen. III. and 22 Edw. I.) FuLKE Fitz Warine was one of those who in the character of a baron had summons to m. sl'^n Dors! the parliament convened to meet in London by writ the 45 Hen. Ill.lf His son and heir. BARONIA ANGLICA CONCENTKATA. 213 Fulke Fitz Warine had summons to parliament from the 22 Edw. I. to the 8 Edw. II., inclusive. The 29 Edw. I. he was one of the barons in the parliament at Lincoln who subscribed and sealed the famous letter to the pope ;* and the 1 Edw. II. was sum- * Dugd. Lists moned to that king's coronation. t In the two last years of his summons to parliament f Coron. Rot. he is styled senior, which designation is continued from the 9 to the 13 Edw. II., in the ' ^''"- ''• several writs, yet considered as an error for Fulk his son, as he died circ. the 8 Edw. II. (1314). Fulke Fitz Warine, his son and heir, had summons from the 14 Edw. II. to the 9 Edw. III., inclusive, as Fulke Fitz Warine ; and if the writs before observed upon were erroneous, then he had summons from the 9 Edw. II. Fulke Fitz Warine his son and heir, had never summons to parliament, and died circ. 47 Edw. III., leaving another Fulke his son and heir, which Fulke Fitz Warine never had summons to parliament, and died the 1 Ric. II., leaving Fulke Fitz Warine his son and heir, who also never had summons to parliament. This Fulke married Elizabeth, sister and heir of John, son and heir of Sir William Co- gan, knight,J and died the 15 Ric. II., having had issue a younger son John, who died + Vide Cogan, s.p. the 2 Hen. V., and Fulke his son and heir, who was never summoned, and died the 9 Hen. IV., having had issue a son Fulke who died vita patris the 8 Hen. IV., leaving issue a son Fulke and a daughter Elizabeth, which Fulke Fitz Warine died in his minority the 8 Hen. V., s.p., leaving his only sister Elizabeth his heir, who married Richard Hanckford, esq., and had issue Elizabeth, who died s.p. ; and Thomasine, hereafter mentioned. BOURCHIER LORD FITZ WARINE.— (27 Hen. VI.) Sir W^illiam Bourchier, a younger son of W^illiam, earl of Ewe, having married Thomasine, only surviving daughter and heir of Richard Hanckford by Elizabeth his wife, sister and sole heiress of Fulke Fitz Warine, was summoned to parliament as "Wil- lielmo Bourchier Militi Domino de Fitz Warine," from the 27 Hen. VI. to the 9 Edw. IV.§ § Dugd. Lists Fulke Bourchier, his son and heir, was summoned only in the 12 Edw. IV. He " "™"' married Elizabeth, one of the sisters and coheirs of John lord Dynham, and had issue John Bourchier lord Fitz Warine, who was summoned from the 7 Hen. VII. to the 28 Hen. VIII., and was afterwards created earl of Bath, 9th July, 1536, shortly after which he died, leaving by Cecily (or Florence) his wife, sister and heiress to her brother Henry D'Aubeney,|| earl of Bridgewater, H yide D'Au- John Bourchier, second earl of Bath, his son and heir ; whose son and heir apparent •'e°ey- 214 BARONIA ANGLICA CONCENTRATA. John, deceasing in his lifetime, left a son William, who upon the death of his grand- father in 1560, 3 queen Elizabeth, succeeded to the earldom and barony. This William, third earl of Bath, died the 21 James I., 1623, and was succeeded by his son and heir Edward, the fourth Bourchier earl of Bath, and sixth of his name, baron Fitz Warine, He dying in 1636 without issue male surviving, the earldom of Bath became, extinct, and the barony of Fitz Warine fell into abeyance between his three daughters and coheirs. Of these, Elizabeth married Basil, earl of Denbigh, s.p. ; Dorothy married, first, Thomas lord Grey of Groby, heir apparent to the earl of Stamford, and had issue Tho- mas, earl of Stamford, s.p., and two daughters ; whereof, Elizabeth was wife of Henry Benson, esq. ; Anne married, first, James Grove esq., serjeant at law, and secondly, Gustavus Mackworth, esq., by whom she had a daughter Mary ; Anne Bourchier, the third daughter, married, first, James Cranfield, earl of Middlesex, and had a daughter Elizabeth who wedded John lord Brackley, s.p.s., and secondly. Sir Christopher Wrey, bart., great-grandfather of Sir Bourchier Wrey, bart. 'It has lieen well remarked by Sir Harris Nicolas in his Peerage Synopsis, that only two of the Fitz Warine name had summons to parliament ; and that no sitting under their writs appears from the rolls of parliament, otherwise than in the parliament at Lin- coln the 29 Edw. I., while it is shewn that through divers descents from the 9 Edw. III. to the 27 Hen. VI. none were again summoned. Hence it may be inferred, that Sir William Bourchier was the first who acquired an inheritable barony of Fitz Warine by that designation under his writ of summons in the 27 Hen. VI. aJsiJ .gad ♦ aew ; Pulke Fitz Warine, sum. to pari. 23 Edw. I., 6b. circ. 8 Edw. II.=pMargaret or Mabel, daughter to I Fulke, ob. 23 Edw. III.=pAlianore, daughter of William Beauchamp, in the county of Somerset. I 1 Fulke, ob. 47 Edw. III.=pMargaret de Aldithley. Mabel, married John Tregos. Fulke, ob. 1 Ric. 11.^= I ^ Fulke, ob. 15 Ric. II.=pElizabeth Cogan, ob. 21 Ric. II. Fulke, ob. 9 Henry IV.=j=Alice, daughter of Sir John Fitz Warine, knight, ob. 2 Henry V. s. p. Fulke, ob. 8 Hen. IV, vita pat.=pAnne, daughter of William lord Botreaux. , ,_! Pulke, ob. s. p. 8 Henry V. Elizabeth, heir to her brother.=pRichard Hankford, Esq. r -^ -1 Thomasine, dau. and sole heir.^^Sir W.Bourchier, sum. to pari. 27 Hen. \I. as lord Fitz Warine. Elizabeth, ob. s.p. I Fulke Bourchier lord Fitz Warine, ob. 19 Edw. IV.^Elizabeth, sister and coheir to John lord Dinham. ,,, I I I I A J.il// John, created earl=T=Cecilie or Florence, daughter of Giles Joane, mar. Elizabeth, married 1st Sir Ed. of Bath, the 28 of lord D'Aubeney, and sister and heir James lord ward Stanhope, knight, 2nd Sir Henry VIII. | to Henry, earl of Bridgewateo ;j vlicrii^v/yAufUpyj/i-.ijji:, wj Richard Page.knight. ,:uum BARONIA ANGLICA CONCENTHATA, 215 1. Eliza- =j=2. Elea- bethHiin- ( nor Man- gerford. p-J ners. =Jobn, 2ud earl=p3. Margaret, dau. of Bath, ob. 3 I and heir of John Elizabeth. ' 1 Donnington. n r Amias. Giles. Elizabeth, mar. Edw. Chiches- ter, Esq. 1 r— n Dorothy, mar. Margaret. Sir John Ful- Anne, ford, knight. AUanor. i J~ Eliza- John lord-pFrances beth. Fitz Wa- Kitson. line. I ' Wilham., third earl of Bath,= ob. 21 James I. — 1 — I Heu- George.^ :Martha How- ard. Fulke. Mary, mar. Hugh Wiat. Cecilie, mar. Thomas Peyton. 1 I I I Elizabeth. Su- Margaret. san- Frances. na. Bridget, mar. Arthur Price, of Vaynor, Esquire. ^Elizabeth Russell. -[ Sir Henry Bourchier, succeeded as fifth earl of Bath, ob. 1654, s. p. 1. Dorothy- St. John. I John, died young. =Edward, 4th earl of Bath,— 2. ob. 1636, s. p. Anne Lovett, s. p. Robert. John. Both died young. Frances, died unmarried. EUzabeth, mar. Basil, earl of Denbigh, s. p. 1. Thomas=pDorothy.=p2. Gustavns lord Grey, of Groby. 1. James Cran — |-Anne.-T-2. Sir Chi- Mackworth, Esquire. field, earl of Middlesex. 1 1 1~ Thomas, earl of Elizabeth, married Anne, mar. James Grove, Mary, mar. Eliza — John lord Stamford, s. p. Hen. Benson, Esq. sergeant at law. beth. s.p. Brackley. Chester Wrey,bart. Sir Bourchier Wrey, hart.- r r :: Elizabeth Christiana died unmarried. Jane Grey.-pLucy Knightly, esq., of Fausley. Sir Bourchier Wrey, brt. Valentine, son and heir,^Elizabeth, daughter of Edmund Dummer, died in 1754. | of Swathling, Hampshire, esq. Sir Bourchier, Wrey, baronet. Lucy Knightly, esq. — I I I I I I Six other children. WILLIAM FITZ WARINE.— (16 Edw. III.) William Fitz Warine, supposed to be a younger brother to the second Fulke, had summons the 16 Edw. III. among the earls and barons to attend a great council to be holden at Westminster, but which is not denominated in the writ, a parliament.* He was never again summoned, nor any of his descendants. He died circ. 1361, leaving a son named Ivo, of whom no further mention is made, than that he died the 2 Hen. V., having had issue by Maud his wife, daughter of Sir John Argentine, a daughter and heir Eliza- beth, who was second wife to Sir John Chidiock.f * Dug. Lists of Summons. tFosbr.Glouc. vol. i., p. 328. JOHN FITZ REGINALD.— (22 Edw. I. For an account of this eminent person vide Vol. II. FITZ WILLIAM.— (1 Edw. III.) William Fitz William, whose ancestor is said to have attended the conqueror into England, though none of them are before noticed by any parliamentary writs of sum- mons, was called by writ to attend at Newcastle-upon-Tyne with divers earls and barons, 216 BARONIA ANGLICA CONCENTRATA. equis et armis, the 1 Edw. III. ; but his name is not mentioned in the writs of summons to parliament the same year which were convened to meet at Lincoln and York. After this time, it does not appear that either he or any of his descendants were again sum- moned. FOLIOT.— (23 Edw. I.) • Vide Hast- ings. tVide Camois . The account of this family by Dugdale is very confused and unconnected. But the only one of the name who appears to have had summons to parliament was Jordan Foliot, who was called by writ in the 23 and 25 Edw. I., but never after, nor any of his descendants, which in the female line, by two coheiresses, viz., Margery, who married Hugh de Hastings ;* and Margaret, who married John de Camois,t are now represented by Sir Jacob Astley, bart., lately allowed lord de Hastings, and Henry L'Es- trange Styleman, esq., coheirs general of the said Hugh de Hastings ; and by Mr. Sto- nor, lately allowed the barony of Camois, and his coheirs in the said barony as coheirs general of Margaret Foliot, the wife of John de Camois. FRESCHEVILLE.— (45 Hen. III. and 25 Edw. I.) ; Claus. Rot. No. 3 in Dors. AucHEB DE Frescheville was one of those, who in the character of barons, were summoned the 45 Hen. III. J to a parliament convened by the king (then a free man, and not in custody of Simon de Montfort) to meet in London. He died the 54 Hen. III., at which time he held the manor of Boney, in the county of Nottingham, per baro- niam ; and likewise the manor of Cryche in the county of Derby, which his grandfather Aucher had acquired by marriage with Julian, daughter and coheir of Herbert Fitz Ralph, baron of Cryche. This Aucher married Amice or Amicia, eldest daughter of Nicholas, and sister and coheir to Nicholas Musard, lord of Stavely in the county of Derby, and had issue Ralph Frescheville, who was summoned to parliament with the earls and barons the 25 Edw. I., but never after. His descendants long continued in succession without being summoned, or claiming so to be, untU the reign of king Charles II., when in 1677) John, son and heir of Sir Peter Frescheville, of Staveley, preferred a claim to the barony, founded on the before mentioned writ of summons to his ancestor Aucher de Frescheville. The vahdity of this writ was not objected to; but as not any proof of a sitting under it could be established, his claim was not allowed. He had been before, in 1664, by letters patent, created a baron by the title of baron Frescheville, BARONIA ANGLICA CONCENTRATA. 21/ of Stavelv, in the county of Derby, to him and the heirs male of his body ; but djnng in 1682 s.p.m., his peerage became extinct. By his first wife, Sarah, daughter of Sir John Harrington, he had three daughters, viz. ; Clmstian, who married Charles, duke of Bolton, and had a son John who died in his infancy ; Elizabeth, who wedded, first, Philip, son and heir of Sir Philip Warwick, knight, and secondly, Conyers Darcy, earl of Holderness, to whom she was fourth wife, but died s.p.s. ; Frances, the third daughter, married colo- nel Thomas Colepeper. The second wife of lord Frescheville was Anna Charlotta, daugh- ter and heir of Sir Henry Vick, knight, but by her he had not any issue. Among the Harleian MSS. in the British Museum, is a curious collection* showing * vide Nos. _,,,,, J 6833 & 7005. that colonel Thomas Colepeper, in right of his wife Frances, at length sole daughter and heir of lord Frescheville, had a right to sit in parliament. Among those MSS. are letters of lord Frescheville, his second lady, his daughters, and their husbands, particularly lady Warwick, and colonel Colepeper. FREVILLE.— (1 Edw. III.) Alexander Freville married Joane, daughter of Mazera, who was the second daugh- ter and coheir of Philip de Marmyun, lord of Tamworth castle, and baron of Scrivelby, in the county of Lincoln^ by Joane his first wife, daughter and heir of Hugh de Kilpec, which Mazera married Ralph de Cromwell. This Alexander had summons the 1 Edw. III., by the same writ as was addressed to the earls and barons to attend at Newcastle- upon-Tyne equis et armis ;t but his name is not included in either of the parliamentary t Dug. Lists writs to Lincoln and York of the same year. After this time he never was again sum- moned, nor any of his descendants, who long continued in the male line. Baldwin de Freville his grandson, was married three times, and by Elizabeth his first \vife, sister and coheir to John de Montfort,! of Beldesert, in the county of War- + Vide Mont- . . . . fort- wick, had issue Baldwin his son and heir, which Baldwin de Freville, at the coronation of Richard II., claimed§ to perform the office § Coron. Rot. of king's champion in virtue of his possession of Tamworth castle ; but the commissi- oners adjudged the right of performing that high office to Sir John Dymoke, in right of the manor and barony of Scrivelby, which had descended to him from Philip de Mar- myun, who died seised thereof the 20 Edw. I., holden in capite de rege by that distin- guished service, and per baroniam. He died the 1 1 Richard II., lea-dng Baldwin de Freville his son and heir, who died the 2 Hen. IV., leaving Baldwin his son and heir, and three daxighters ; which Baldwin dying the 6 Hen. V. s.p., his three sisters became his coheirs : of these, Elizabeth married Thomas, second son to William VOL. I. D d 218 BAKONIA ANGLICA COJJCENTRATA. lord Ferrers of Groby ; from which Thomas, through a long line, descended Anne, even- tually sole heiress, who married Robert, eldest son of Robert Shirley the first earl Fer- rers of that surname, by whose heiress general the castle of Tamworth came to the pos- session of George, eldest son and heir of George viscount Townshend ; which George, in right of his mother, claimed and was allowed the barony of Ferrers of Chartley, and was afterwards created earl of Leicester. Margaret, second sister and coheir to Baldwin de Freville, married, first. Sir Hugh Willoughby, knight ; and secondly. Sir Richard Bingham, knight. Joice, the other sister and coheir, married Roger Aston, esq., ancestor to the lord Aston of Forfar in Scotland, and the baronet's family of that name in England. FURNIVAL.— (22 Edw. I.) Thomas de Furnival had summons to parliament from the 22 Edw. I. to the 6 Edw. III. ; but from the 12 Edw. II. with the addition of senior : the 29 Edw. I. by the de- signation of " Thomas de Furnival Dominus de Sheffield." He was one of the barons who in the parliament at Lincoln, subscribed their names, and affixed their seals to the letter then written to the pope, and the 1 Edw. II. was summoned to the coronation of that * Coron. Rot. kinff.* Duffdale remarks of this Thomas, that he ivas not a baron, i.e., did not hold his 1 Edw. II. " " . lands by barony, for which he cites as authority, " Communia de Term Mich., 19 Edw. II., Rot. 3," thereby intimating that his summons to parliament did not create him an hereditary baron ; but was a writ of service for advice in council, which the king at his pleasure might require, pro hac vice, from his tenants in capite. Thomas de Furnival his son, and then heir apparent, had summons in his father's lifetime by the distinction of Thomas Furnival, junior ; and after the death of his father, to the 12 Edw. III. as Thomas Furnival. He married Joane, eldest of the sisters and fVideVerdon. coheirs of Theobald de Verdon, a great baron,t by which alliance he greatly enlarged his family inheritance. He died the 13 Edw. III. and was succeeded by his eldest surviving son, Thomas de Furnival, who"was then in minority ; but afterwards, on proof of his age, had summons to parhament from the 22 to the 38 Edw. III. Dying s.p., William his brother became his heir, which William de Furnival had summons from the 39 Edw. III. to the 6 Richard II., when he died. He married Thomasine, one of the daughters of Thomas, and sister and co- heiress of Nicholas de Dagworth, and by her left an only daughter and heir Joane, who became the wife of Thomas Nevill, brother to Ralph first earl of Westmorland. BARONIA ANGLICA CONCKNTRATA. 219 NEVILL LORD FURNIVAL.— (7 Richard II.) Thomas de Nevill ha\'ing married the said Joane, heiress of the barony of Furnival, was thereupon summoned to parhament the 7 Richard XL, by the designation of Thomas de Nevill de Halumshire; and from thence by the same designation to the 14 Hen. IV., which suffsests a doubt as to how far he mav be deemed under these writs entitled to the honour of baron Furnival. But, nevertheless, in the rolls of parliament he is always styled Le Sire de Furnival. The probate of his will bears date in 1406, whereas the last summons to him, the 14 Hen. IV., was in 1412, which indicates a discrepance between them. Dying s.p.m., his daughters Maud and Joane were his coheirs ; whereof, Maud married Sir John Talbot; and Joane, Sir Hugh Cokesej^, knight. But though these two daughters were his coheirs at law, they were not so as to the barony of Furnival ; for Maud was by his first wife Joane de Furnival ; and Joane was by Ankaret, a second wife,* not having any blood of Furnival in her. But if the writ to their father created a * y ^ new barony of Nevill of Halumshire, then were they joint coheirs thereto. Brooke,p.463. TALBOT LORD FURNIVAL.— (12 Hen. IV.) Sir John Talbot having married Maud, the heiress of Furnival, was summoned to parliament the 12 Hen. IV., as John Talbot de Furnivall. In the first writ of Hen. V., he is styled John Talbot de Halomshire ; in the 2 Hen. V., John Talbot de Furnival ; in the 4 Hen. V., Johanni Talbot Domino de Furnivall ; and having at length been advanc- ed to the dignity of earl of Shrewsbury, temp. Hen. VI., the barony of Furnival became merged in that earldom, and so remained till the decease of Gilbert, the seventh earl, s.p.m., the 14 James I., 1616, when it fell into abeyance between his three daughters and coheirs, ^•iz : Mary, who married William earl of Pembroke ; Elizabeth, who wedded Henry, earl of Kent ; and Alatheia, who became wife of Thomas, earl of Arundel. But Mary and Elizabeth dying s. p., Alatheia became sole heir of the Furnival and Talbot baronies ; the right whereto is vested in her coheirs general, represented by the present lords Stourton and Petre. But the titles of Lovetot, Comyn of Badenach, and Mont- chensy, attributed by Collins and others to the earls of Shrewsbury', along with Furni- val, &c., were names of baronial families, not of parliamentary baronies at any time created by writ of summons. iuiwdu 220 BARONIA ANGLICA CONCENTRATA. GANT OR GAUNT.— (45 & 49 Hen. III.) Gilbert de Gant descended from Gilbert de Gant, a younger son of Baldwin, sixth earl * Claus. Rot. of Flanders, had summons to the parliament convened by the king's writ* to meet in m. in orso. London the 45 Hen. III.; and by another summons to the parliament called by Simon de Montfort, and the confedorated barons in the king's name, after the battle of Lewes, the tDugd. Lists. 49 Hen. Ill.f He died the 2 Edw. I., leaving Gilbert his second son (Robert the eldest o ummons. ijjj^jj,g died vi. pat., s.p.) to succeed him ; which Gilbert de Gant had summons from the 22 to the 25 Edw. I., but died s.p., in 1297, t Vide Kerdes- leaving Roger son of William de Kerdeston, J by Margaret his eldest sister ; Peter son of ley. ™ *" Peter de Maiiley, by Nichola his second sister ; and Julian de Gant, his third sister, his coheirs ; which Julian died unmarried. GENEVILL.-(27 Edw. I.) § Pat. Rot. 37 Geffery DE Genevill married § Maud granddaughter and coheir of Walter de Lacy,^ Hen. III. gj^j -with her acquired the castle of Ludlow in Wales, and a moiety of Meath in Ireland, afterwards called the lordship of Trim. He had summons to parliament in the 27 Edw. I., and from thence to the 35, in which last year he seems to be one of those mentioned to have been present. He had issue three sons, Geffery, who died s.p., Peter, and Simon. Peter de Genevill was successor to his father, but never had summons to parliament. He married, according to Dugdale, Joane, a daughter of Hugh le Brune, earl of Angolesme, and had issue three daughters ; whereof Joane married Roger Mortimer, earl of March ; whereby the whole inheritance of Genevill, and half the lands of Lacy came to that family, and by its heiress eventually to the crown, in the person of king Edw. IV ; the other two daughters of Peter de Genevill became nuns at Aconbury. The annals of Ireland recite that in 1308 Roger Mortimer, and his lady the right heir of Meath, daughter of Peter, son of Geffery de Genevill, arrived in Ireland and took possession of Meath, which Geffery Genevill ceded to him, and entered himself into the order of the Friars Preachers, at Trim. After this it is recited, that in 1313, died Sir Geffery GeneviU, a Friar, on the 12th before the calends of November, and was buried in his order of the Friars Preachers, at Trim. This statement would rather inti- mate that Peter was at that time dead, and that it was Geffery his brother who thus a Dugdale in his Baronage relates that Peter de Genevill married Maud, niece and one of the coheirs of Walter de Lacy, and had issue Geffery ; but in this he is contradicted by the MonastiCon, which states that it was Geffery, and not Peter, who married the said Maud de Lacy. BARONIA ANGLICA CONCENTRATA. 221 ceded the lands of Meath to his niece the wife of Mortimer, and daughter and heir of Peter : for if Peter was then li\'ing, slie could not be right heir. The foUomng pedigree as submitted to the House of Lords on the claim to the Irish barony of Slane, may more clearly explain the descent. Pedigree on Slane claim cor. Dom. Pboc, 1835. Sir Hugh de Lacy.=^Rohesia de Momonia. r ^ Waiter de Lacy, eldest son, ob. vi. pat.-pMargaret, d. of Matild de St. Walerio. Hugh Lacy, jun., or. earl of Ulster. I ' Gilbert de Lacy, lord of Meath.=pIsabeUa, daughter of Roger le Bigod. Maud de Lacy, dau. and-pGeffery de Genevill, had a moiety of Meath, Margery, dau. and coh.,=pJohn de coh., lady of Trim. | afterwards called Trim. lady of Dulek. I Verdon. 1 -" 1 1 ' Peter de Genevill, eldest-^-. . Simon de Genevill, of ^Joau, dau. and heir of ... . Theobald de Verdon, lord of Du- son, lord of Trim. |.. CulmuUen, jure ux. | Fitz Leons, of Culmullen. lek, and a moiety of Meath. Joan, only da. & heir, Nicholas Gen-=i=. . Elizabeth, m. Wm mar. Maud, mar mar m. m. Roger Mortimer, evill, of Cul- earl of March. muUen.* r de Loundres, sum. Walter de Baldwin le JohnHussey, John J to pari. 3 Edw. IL la Hide.-, Fleming. of Galtrim.-j Cruys.-| J" Joan, dau. and heir, mar. John Cusak, James de la Hide, sum. to John Hussey, sum. to Thomas Cniys, sum. to of Cuhnullen, jure uxoris.-, pari. 48 Edw. III. pari. 48 Edw. III. pari. 48 Edw. III. Simon Cusak, summoned to parliament. • The annals of Ireland state that anno 1334 Nicholas GreneviUe, son and heir of Simon, died and was buried in the church of the Fryars Predicants at Trim. In the account ^ven in CoUins's Peerag-e of the lord Beaulieu's family (Hussey) it is mentioned, that a John Hussey married Marian, daughter and heir of Simon Genevill, of CulmuUen. But from this pedigree it is evident she was one of the daughters and coheirs. GHISNES.— (23 Edw. I.) Ingelram de Ghisnes (sometimes called de Coucy, from his being of Coucy, in France,) had summons to parliament from the 23 Edw. I. to the 15 Edw. IL, and died about two years after, leaving Christian his wife surviving, who was, according to Dug- dale, daughter and heir of William de Lindesey, descended from Alice, one of the three sisters and coheirs of William de Lancaster, baron of Kendal. He had issue three sons, viz : William, Ingelram, and Robert, whereof none were ever summoned to parliament. William, the eldest, was bom in France, and inherited the estates there, and Ingel- ram, the second son, was bom in England, and, as Dugdale relates, became heir to his brother William, who died s. p. This statement is however controverted in Burn and Nicholson's History of the counties of Cumberland and Westmorland, who affirm that Ingelram de Ghisnes, by his wife Christian de Lindesey, had issue William, their eldest 222 BARONIA ANGLICA CONCENTRATA. son, born in France, who inherited the estates there ; and Ingelram, their second son, born in England, who died s. p. : wherefore, WiUiam being an ahen, the estates escheated to the crown. But the said William had two sons, both born in France, of which the eldest, Ingelram, enjoyed the paternal inheritance there ; and William, the youngest son, by favour of the king, had his grandmother Christian's estate in England granted to him, but died s. p., whereby the said estate again escheated to the crown. After this king Edw. III., the twenty-first of his reign granted certain manors, lands, and tenements to John Coupland for his service in taking David king of Scots prisoner at Durham, to hold to him the said John, and Joan his wife, for life : after when, upon the death of Joan * Pat. Rot. 41 Coupland, the same were given to Ingelram, earl of Bedford, and Isabel his wife.* 2, pars. 2.' This Ingelram de Ghisnes, otherwise de Coucy, was lord of Coucy, — his paternal inheritance in France ; and was grandson of William de Ghisnes by his eldest son Ingel- t Chart. Rot. ram, before mentioned. He was created earl of Bedford by king Edw. III.,t and having No. 12." ' married the princess Isabel, one of his daughters, had issue by her Mary, who married Henry (Sandford names him Robert) de Barre ; and Philippa who was wedded to Robert de Vere, earl of Oxford, afterwards marquess of Duljlin and duke of Ireland. Hollins- tP.l97.Col.l head asserts J the earl had another wife named Isabel de Lorraine, and had by her a § Pat. 2 Hen. daughter called after her mother, which appears in an exemplification § of an agreement pars. 4. made between Mary and Philippa, his two daughters by the other wife, for the county or earldom of Soissons and other lands abroad. Milles in Glover's book gives a second wife, whom he names Elizabeth de Lorraine, but does not notice any issue by her. II Vol. i., p. Sir Harris Nicolas in his Peerage Synopsis says,|l " this barony is now vested in the ^^*- descendant and representative of Ingelram who was summoned to parliament 23 Edw. I." The correctness of this assertion may easily be appreciated without reference to the opinion of counsel, upon only attending to its course of descent, and the alien parties who might be in such respect the heirs thereto, supposing that a sitting under any of the writs of summons to the said Ingelram could be proved, which according to the law of the day is required, and necessary to establish an inheritable barony created by writ of summons to parliament in the person of an ancestor, from whom the claimant shall be descended. But whoever may be the heirs ought to be greatly obliged to Sir Harris for his gratuitous opinion in favour of their right. It may be questioned whether the earl of Bedford ever was present in parliament ; he was only summoned once, and then the H Dug. Lists 43 Edw. 1 1 1. If of Summ. Ingelram de Ghisnes .=7=Christian de Lindesey. I 1 1 Williain.T=. . . . Ingelram, s.p. Robert. I ' 1 Ingelram.=y:Katherine, daughter of the duke of Austria. WiUiam, s.p. BARONIA ANGLICA CONCENTRATA. 223 1. Isabel, dau. of kingEdw. III.=pIngelram, created earl of Bedford by king Edw. III.*=^2. Isabel de Lorraine. r ' 1 I I Mary, eld. d. & coh.-pHenry de Barre. Philippa m. Robt. de Vera, earl of Oxford, &c., s.p. Isabel, d.&coh. P-J 1 Robert de Barre. Joane married Lewis of Luxemburgh, earl of St. Paul. • Kalpb Brooke and MiUes mention that he had a natural dautrhter Maud, who married lord Strange, and had a daughter Ankaret, the wife of Sir Heury Husee, knight. — Vincent on Brooke's notes, viz. ; Frebetur quasi. GIFFORD.— (23 Edw. T.) John Gifford, " lord of Brmisfield in the county of Gloucester, had summons to par- liament from the 23 to the 27 Edw. I., and died the same year, leaving another John his son and heir ; which John GifFord had summons from the 5 to the 14 Edw. II., being in the writ of the 5 Edw. II. styled a baron, and named " Johanni G'iffard de Brymnesfeld." He was afterwards concerned in the insurrection of the earl of Lancaster, and being taken prisoner at the defeat of the earl at Boroughbridge, received judgment of death, and was executed accordingly. Dying s. p., the barony devolved upon his half sisters, viz : the daughters of his father John Gifford, by Maud de Clifford, widow of William de Longespe, earl of Salisbury, namely, Catherine, grandmother of James de Aldithle ; and Alianore, mother of John, son of Fulke le Strange. But this depends, first, whether there was any restitution in blood and honour of the said executed John de Gifford ; and sup- posing that there was, (inasmuch as the adherents of the earl of Lancaster had all proceed- ings against them reversed,*) then, whether the writs from the 23 to the 27 Edw. I., to * Prynn's the father, created any descendable barony, without proof of a sitting under them, the j^bride^™' barony, presuming it to be one, has been erroneously attributed to the earls of Shrews- bury : for it is evident that it was in abeyance between two coheiresses, and the abeyance never since determined in favour of either. GORGES.— (45 Hen. Ill and 2 Edw. II.) Ralph De Gorges in the reign of Hen. III. was governor of Shirebume, and Exeter castles, and also sheriff of the county of Devon. He had summons to the par- liament called by the king's writ to meet in London the 45 Hen. III.,t after which t Claus. m. he died, the 56 Hen. III. According to Collinson's history of the county of Somerset,t +"v. iii. p. 156 he married Elena, daughter of John de Moreville, and thereby acquired the manor of Wraxhall. » This is probably the same John who was summoned by the king's writ to the parliament convened to meet in London 45 Hen. III. — (Claus. Rot., m. 3, iu Dorso.) 324 BARONIA ANGLICA CONCENTRATA. Ralph Gorges, his son and heir, was in the wars of Scotland, and also marshall of the king's army in Gascoigne. He had summons to parliament from the 2 the 16 Edw. II., inclusive, but never after, nor any of his posterity. He died 17 Edw. II.; and by * Each. 19 Eleanor his wdfe, daughter of who survived him,* and remarried Sir Guy de 49 "Line. "^ Ferre, had issue a son Ralph, who died infra aetatem, and three daughters, Elizabeth, Eleanor, and Joan, as mentioned in the table of descent. Of these, Eleanor married Sir Theobald Russel, of Kingston, in the county of Dorset, and had issue Sir Ralph Russel, and Theobald, second son, who took the name of Gorges, and from whom descended the Gorges of Wraxall. And of the same line Sir Ralph Gorges, of Langford in Wiltshire, first created a baronet, and afterwards baron of Dundalk in Ireland, by king Jas. I. ; with whose son Ralph the baronetcy and barony became extinct. Ralph Gorges, summoned to parliament 2=pEleanor, daughter of survived her husband, Edward II., ob. 17 Edward II. I and remarried Sir Guy de Ferre. I I I I Ralph, ob. inf. tet. 1 Elizabeth.=f:. ... 2 Eleanor .=pTheobald Russell. 3 Joane.=T=Sir W. Cheney, his 2nd wife. I i L_ r I Robert, Sir Ralph, son and heir, ob. 49 Theobald Russell, took the name of Sir Ralph. =p s. p- Edw Til. — Bsch., no. 22, pars 2.-| Gorges ; a quo Gorges of Wraxal. H I 1. Isabella, dau. of Bruyn.^Sir Maurice=p2. Joan, dau. of Stradling. — Collins, Sir Wil-=y:. . Collins, vol. i., p. 245, in d. of Bedf. Russell.* I vol. i., p. 245, in d. of Bedf. liam. I 1 ■ 1 I—' 1 Sir Gilbert=pMarga-=j=2 John Kemeys, Isabel, d. & c. m. 1st Ste- Thos., ob. 10 Hen. VI. (Esc.) Sir Ed-^ Denneys, of | ret dau Kent. 4-^& coh, I Elizabeth, set. 6. Anne, set. 3, mar. Sir John Willoughby, a quo Willoughby de Broke. Cecily, set. 1. * CoUln's in his account of the Kussel family, duke of Bedford, makes him son of John, eldest son of Theobald by Eleanor Gorges. (Vol. i., p. 245. J — (Tide Collectanea Topographica et Genealogica, Vol. iv.,p. 366.> a — pi jonn ivemeys, itjauei, u. oc c. m. isi isie- xuos., od. lu neu. v i. [j^sc.j oir ,cju — p. . a. of Syston, co. phen Heytfield, 2nd Sir He left his wife pregnant of a mund,ob. . xlvGloucester. John Drayton? dau.whodied 2 days after birth. 9HenVI. GRANDISON.— (27 Edw. I.) Otto de Gran di son had summons to a great council to be holden in London, by writ dated at Ledes, 21 Sep., 27 Edw. I., and afterwards to parliament the 28, 32, and 33 Edw. I. When he died seems imcertain ;t but as he is said to have deceased s.p., it is immaterial, as whatever barony he might have acquired by his writs of summons became extinct. WILLIAM DE GRANDISON.— (27 Edw. I. William de Grandison, brother to the before mentioned Otto, married Sibilla, youngest daughter and coheir of John de Tregoz, a great feudal baron, and had summons BARONIA ANGLICA CONCENTRATA. 225 to parliament from the 27 Edw. I. to the 19 Edw. II., inclusive,* to whose coronation * ^'^e Esch. , V , , , , r , , 9 Edw. III. n. he bad summons among the other barons of the realm. 35. In the 29 Edw. I. he was one of those who being summoned to the parliament at Lincolnt did not affix his seal to the memorable letter sent to the pope, touching the t Dugd. Lists supremacy of England over the kingdom of Scotland. He had three sons, Peter, John, and Otto ; as also four daughters, viz. ; Agnes, Mabel, Matilda, and Catherine. Of the sons, Peter, the eldest, had summons to parliament the 11, 22, and 23 Edw. III., and died s.p., the 30 Edw. III.,t whereupon * Esch. n. 32. John de Grandison, his next brother, became his heir. He was bishop of Exeter, and as such sat in parliament by virtue of his bishoprick, and consequently never had summons as a baron. He died about the 43 Edw. HI. ,5 and was succeeded by his § Fin. Rot. 43 ..... . Edw. III. nephew Thomas, son of his younger brother Otto, who died in his lifetime, || ha\'ing had || Esch. 33 issue by Beatrix his wife, one of the daughters and coheirs of Nicholas de Malmains, of ^j "' "' °" Ockley in the county of Surrey,'' besides the said Thomas, a daughter Elizabeth, named in his will, dated 1358, (32 Edw. III.) Thomas, son and heir of the aforesaid Otto, succeeded his Uncle John de Grandison, the bishop, but was never summoned to parliament, and died the 49 Edw. III., s.p.,^ H Esch. n.47. according to Dugdale ; though some authors affirm he had issue, Margaret, the relict of TTiomas Grandison, died about the 18 Richard II.** ** Esch. The barony of Grandison thus appears to be in abeyance among the heirs represen- tative of the four daughters of WLUiam de Grandison, who was first summoned to par- liament the 2/ Edw. I., concerning whom the following statement from Leland*t may *.|. voi. iii. tend to explain and set forth their descent. ^^■^■ Ex Tabida quadam de Genealogia Joannis Grandisoni epi, Exon. Hie erat filius Gut. Grandisoni de genere imperatoris, qui frater fuit nobilissimi Dni Othonis de Grandisono in Burgundia diocesis Laucenensis ubi Castrum de Grandi- sono est situm firmis saxis. Mater istius episcopi erat Dria Sibilla filia & semiheres Domini Joannis Tregoz de- cora, Dhi Castri de Ewyas Herefordiam juxta, ubi terras, Dominia possidebat & castra. Gui Tregoz fuit filius Dnae Julianae sororis S"=' Thomae de Cantilupo epi Hereford- ensis. Idem Joannes Grandison habebat quatuor fratres germanos nobiles, Petrum & Otho- nem milites, Thomam ac Gulielmum clericos spirituales, temporalia & spiritualia strenue regentis. » Otto de Grandison, liyery of Maintains lands. — (Orig. 24 Edw. III., Rot. 3 and 41.J VOL. I. EC 226 BARONIA ANGLICA CONCENTBATA. Insuper idem episcopus quatuor sorores habebat, Agnetam quee Dno Joanni de Norwode nubebat, Mabillam secundam Dns Joannes de Pateshul ducebat, qui multos viriliter bellando devincebat. Matildam tertiam Monialem ac priorissam de Acornebyri, et vitam semper devotissimam. Catarinam quartam Dilo Gulielmo spetiosam de Monte acute comiti sic Sarum nuptam de qua duos filios cito progenuit, Gulielmum qui unicam iiliam maritavit Dni Edmundi nobilis comitis tunc Cantiae, fratris Edwardi Regis utentis tunc coronam Anglias : Edwardus Rex a conquestu 2. erat iste. Joannes secundus filius audacitatis miree Dni Thomae de Monthermer uniam filiam duxit, cujus mater Joanna coraitissia Glouernice fuit soror prsedicti Edwardi Regis mili- tiaque floruit. Ex eadem Catarina Gulielmus 3. filias genuit. Prima erat Elizabeths formosa vo- cabatur. Dno Egidio de Badlesmere statim maritatur ; et post mortem ilius Dno Hugo- ni Spenser sponsatur. Qui in suis actibus militiosus vocabatur. Secunda filia nomine vocata Sibilla Edmundo filio & hseredi libere fuit data comitis Arundeliee & tertia Phi- lippa, Rogero de Mortuamari quam cito conjugata. Obiit Joannes Graunson praesul Exon a° milleno ter centeno sexageno undeno. GRENDON.— (28 Euw. I.) Ralph de Grendon, of Grendon, in the county of Warwick, had summons to parlia- ment the 28, 32, and 33 Edw. I. In the 29 Edw. I. he was one of those who in the parliament at Lincoln subscribed the letter to the pope, asserting the supremacy of England over the realm of Scotland, being then written "Radulphus dominm de Grendon" He had issue a son Robert, as also a daughter Joane, who married John de Rochford. Robert de Grendon never had summons to parliament, unless he be considered the same Robert whom Dugdale in his lists of summons mentions to have been called by writ to parliament in the 34 and 35 Edw. I., but of whom he does not make any notice in his baronage. If he be the son of Ralph, he must have had summons in his father's lifetime, who is said to have died the 5 Edw. III.; but it is not improbable that the name of Robert is a misprint of Ralph, a typographical error which is too frequently apparent in Dugdale's printed lists. This Robert is represented to have been a man of very weak understanding, and to have died about the 22 or 23 Edw. III., s.p.; whereby the lands of inheritance passed to his sister Joane ; whose son. Sir Ralph Rochford, came to possess the same, and made an entail thereof upon the issue of his body, by Joane his wife, daughter of Sir Hugh Meynill, with remainder to his three sisters, successively * H' torv of ^"^^ t\^cn to Sir Richard Stafford, and his heirs. Sir Ralph died about the 8 Ric. II., Norfolk, vol. leaving a daughter and heir Margaret, who is mentioned by Blomefield* to have married 8vo. edit. ' Hugh de Askeby. 11"! BARONIA ANGLICA CONCENTRATA. GRELLE.— (1 Edw. II.) Robert de Grelle married Hawyse, one of tlie three daughters and coheirs of John de Burgh, son of John/ son of Hubert de Burgh, earl of Kent, and died the 12 Edw. I., leaving Tliomas de Grelle his son and heir, then in minoritjs who in the 34 Edw. I. was made a knight, with prince Edward and others, by the ceremony of Bathing : he after- wards had summons to parliament the 1, 2, 3, and 4 Edw. II. among the barons; but dying s.p. his barony became extinct, and Joane his sister became his heir, who married John, son of Roger lord de la Warre, to whom she brought a great inheritance with the manor of Manchester, in Lancashire. GREY OF CODNOR.— (22 Edw. I.) The first of this very eminent family with whom Dugdale commences his account, is Henrv de Grey, to whom Ric. I. gave the mannor of Thurrock (or Turroc) in Essex, which grant king John afterwards confirmed. He married Isolda, a neice and coheir of Robert Bardolf,*" and shared in the inheritance of his lands, among which was Cod- nor in the county of Derby, the principal seat thereafter of this line of his family. By the said Isolda he had issue six sons,* viz., Richard ; John, sometime justice of Chester, * Dug. Bar., progenitor to the lords Grey of Wilton, and Ruthyn; William, of Langford in the county of Nottingham, and Sandiacre in the county of Derby; Robert of Rotherfield; Walter, archbishop of York ; and Henry .^ Richard de Grey, eldest son, married Lucia, daughter and heir of John de Humez, and had with her certain lands in Norfolk. He and John, his son and heir apparent, a He was son of Hubert de Burgh by his first wife Margaret, daughter of Robert de Arsic, and married Hawyse, only daughter and heiress of William de Lanvallei, who, temp, king John, was one of the twenty-five con- stituted by the barons to govern the realm. John his son, above named, left three daughters his coheirs, whereof Hawyse married Robert de Gresley ; Devorguil wedded Robert Fitz Walter ; and Margery was a nun at Chicksands. Hasted, (vol. i.,p. 84, Kent,) says she married, first, Sir Stephen de Penchester, and had two daughters, Joane, wife of Henry de Cobham, of Rundale; and Alice, wife of John de Columbers ; secondly, Robert de Orreby, by whom she bad a son John de Orreby, (Clerk). — (Vide Esch. of Margery 2 Edw. II. and History of Tunstall, p. 15.; •> Blomefield, in his History of the county of Norfolk, says she was one of the five sisters and coheirs. > He had also a son Thomas, who was created lord Grey of Rugemont, but died s.p. in 1461, and having been attainted his title was forfeited. <: In Collins's Parliamentary Precedents maybe seen the accusation of Sir Gilbert Dethick, Garter king of arms, for making a false pedigree, stating that this Anthony, eldest son of Edmund, first earl of Kent, left a daughter Catherine who married one Rotheram, and as such was entitled to the barony of Grey of Ruthyn. Dethick was found guilty and committed to the Marshalsea. The officers of arms, it thereby seems, are not always pure and immaculate. VOL. I. E e 234 BARONIA ANGLICA CONCENTBATA. LONGUEVILLE, BARON GREY DE RUTHYN. Sib Michael Longueville* having married Susan, daughter of Charles, and sister and heir to Henry, earl of Kent, had issue Charles, his son and heir, which Charles Longueville claimed, and was allowed the barony of Grey de Ruthyn, in * Joum.Dom. 1640, and was introduced into House of Lords the 10th of February 1640 ;* but he did not enjoy the peerage long, deceasing in 1643, in the king^s garrison at Oxford. He married Frances, one of the daughters and coheirs of Edward Neville, esq., and left issue . an only daughter and heiress Susan, who married Sir Henry Yelverton, bart. YELVERTON, BARON GREY DE RUTHYN, AND EARL OF SUSSEX. SiB Henry Yelvebton died in the flower of his age, — 3rd Oct., 1670, leaving, by the aforesaid Susan, baroness Grey de Ruthyn, his wife, who died the 28th of January 1676, three sons, as also a daughter, who married Christopher, viscount Hatton. Of the sons, the eldest, Charles Yelverton, succeeded his father in his baronetcy, and on the decease of his mother, in 1676, became baron Grey de Ruthyn, and sat first in parliament, the 21st t Ibid. of October,1678,t but died shortly after, the l7th of May, 1679, of the small-pox ; when being unmarried, the title fell to his next brother Henry, which Henry, second Yelverton baron Grey de Ruthyn, does not appear to have ever taken his seat in the House of Peers, by that title,'' but having been advanced to the dignity of viscount Longueville, the 2 William and Mary, he was introduced therein as t Ibid. viscount, the 29th of April, 1690.^ He died the 24th of March, 1703-4, aged 40, leav- ing by Barbara his wife, daughter of John Talbot, of Laycock, two sons, viz., Talbot, and Henry, and also five daughters. Of the sons, Talbot, second viscount Longueville, at the coronation of George L, carried the golden spurs, as his father had done at the coronation of king William and Mary ; it being an high service derived by inheritance from the family of Hastings, earls of Pem- broke. In 1717 he was further advanced to the dignity of earl of Sussex," and took his a Sir Michael was descended from Sir George Longueville, who married Elizabeth, one of the daughters and co- heirs of Thomas de la Roche, whose family, though omitted notice in Dugdale's Baronage, had summons to parlia- ment in many years in the reign of Edw. I. — (Vide De la Roche, in Vol. II.) b He was under age at the time of his brother's death. ■ ' ' " It is to be observed that the Hiltons from a long period back (tradition takes them to the time of king Athelstan) possessed Hilton castle, and were titular barons thereof, as holding it of the Palatinate of the bishoprick of Durham, so similarly styled as the barons of Chester were who held under the Palatinate of Hugh Lupus, earl of Chester. This Alexander is said to have married Maud, daughter and coheir of Richard de Emeldon (widow of Richard Acton) and to have had a daughter Elizabeth who BARONIA ANGLICA CONCENTRATA. 253 married Roger Widdringtoii, ancestor to the lords Widdrington, of whom, on the death of the last lord in 1774, s.p., his nephew Thomas Eyre of Hassop, son of his sister Mary, was his heir ; but he dying s.p., the inheritance passed to the late Charles Townlcy, esq., in right of his grandmother Mary Widdrington, who was aunt of the last lord and of the said Mary Eyre; and by his death, unmarried, in 1807, his only sister Cecilia became his heir, who married, first, Charles Strickland, esq. ; and secondly, his cousin Jarrard Strickland, esq. In the printed pedigree of this family, which is very fully given in Hutchinson's Historj' of Durham, it is to be remarked that this Alexander de Hilton is stated to have had summons to parliament in the year before mentioned, and to have died the 42 Edw. III. that he married Alianor, daughter of William, and sister and coheir of Sir William Felton, of Felton, in the county of Northumberland, knight, and had issue Robert, who died in his lifetime, leaving a son William aet. eleven, the 42 Edw. III., heir to his grandfather ; which William had issue a son William, who died 26th May, 1435, 13 Hen. VI. : of these two Williams it is probable the father is the person alluded to in the rolls of parliament before cited. In this pedigree not any notice is made of Robert Hilton, of Swine, who married Matilda, one of the daughters and coheiresses of Roger de Lascelles, of Escrick.* But * vide the whole deduction is confined to the male line of the Hiltons from Alexander, living the 19 Hen. II., apparently for the purpose of showing the descent of Sir Wastel Brisco, bart., and Hylton JoUyfFe, esq., (now Sir Hylton) from Alexander the baron, and exhi- biting a colourable pretension for claim to that barony. HOESE.— (22 Edw. I.) Matthew, son of Henry Hoese, of Herting, in the county of Sussex, had issue Henrv, who married Joan, daughter of Alard Fleming, niece to John Maunsel provost of Be- verley,t who upon the death of the said Matthew, circ. 39 Hen. III., gave six hundred f Dug. Bar. marks for the wardship of Henry his son and heir, with the custody of his lands, he ''' ^' being then in minority ; which Henry was afterwards one of those in arms against the king, 49 Hen. III. He died the 18 Edw. I.,t being then seised of divers manors in the county of Kent, and of Hert- + F^*^*!- ^^, ° _ _ •' ' _ Edw. I., No. ing, in the county of Sussex, leaving Henry his son and heir ret. twenty-four, who doing 36. his homage the same year, had livery of his lands;6 which § Rot. Fin. 18 ° •' •' ^ Edw. I., m.5. Henry Hoese the 22 Edw. I. had summons to parliament, though the place of meet- ing was not named in the ^^Tit, but which afterwards was assembled at Westminster, || II J^'- P*"^'- and from that time had summons to all the parliaments of that reign to the 6 Edw. III., LasceUes. 254 BARONIA ANGLICA CONCENTRATA. when he died, leaving Henry his son and heir, aged thirty, and Isabel his wife surviving, who had dowry in Herting, and in other manors in several counties ; which Henry had summons to parliament from the 11 to the 23 Edw. III., about which time he died, leaving Henry his grandson (son of Matthew his eldest son, who died vi. pat.) his next heir, then six years of age, and Catherine his second wife surviving ; which * Rot. Fin- 7 Henry, the 7 Ric II., doing his homage, had livery of his lands ;* but was never sum- moned to parliament; and by reason thereof, Dugdale closes all further account of this line of the Hoese, or Huse, or Hussey family. Henry Hoese, ob. 6 Edw. III.=r=Isabel survived, and had dower in Herting, &c. 1 ^Henry ob. 23 Edw. 111.^^2. Katherine survived. I I I 1 1 Mark ob.=pMargaret 1. Elizabeth de — Henry of Herting ob. =^2. Ankaret, ob. 13 Ric. Rich- Eliza- vi. pat. Verdon. Bohun. 7 Ric. II. I 11.— Esch. 22. ard. beth. I ' I Henry, set. 6, anno 23 Edw. III. Henry, Eet.22,apud mort. pat., ob. 10 Hen. IV. — BscA.ra. 17. ^Margaret .... I ' r~ ' Henry; settled lands on Nicholas his brother, s. p. Nicholas, heir to his brother Henry, ob. 10 Edw. IV. -j-. . . . I I ~ 1, Sir Henry Lovel,-r-Constance, — 2. Sir Roger Katherine, set. 10, married Sir ob. 16 Hen. VII. set. 12. Lewkuor. Reginald Bray, s. p. I 1 Elizabeth, married 1st, John, son of John Bray, brother to Sir Reginald ; Agnes, married John 2nd, Anthony, brother to Andrew lord Windsor. Empson. HOESE, OR HUSE, of BEECHWORTH.— (22 Edw. III.) Roger, son of John Hoese, or Huse, of the same family, as supposed by Dugdale, with the one before mentioned, was of Beechworth, in the county of Surrey, which with other considerable lands, he acquired as cousin and heir of John de Berewyk, who died temp. tEsch.6Edw Edw. II. f In the 22 and 23 Edw. III. he had summons to parliament, but never after, II., No. 43. nor any of his descendants. He died 35 Edw. III., leaving by Margery his wife, widow t Esch 35 °^ Herbert St. Quintin,t John his son and heir, aet. forty, of whom no further mention Edw. III., No. is made by Sir William Dugdale. This John Hoese appears to have been married, as in Esch. 44 Edw. III., No. 33, notice is made of John Husee and Isabel his wife, as to the manor of Burton Sacy ; and in Originalia, 48 Edw. III., No. 34, is recited John, son of John Husee, Burton Sacy, in the county of Southampton. Collins, in his peerage account of the earl of Portsmouth's family, states that John Husee left a daughter Alice, who married Richard Wallop, ancestor thereof ; but Vincent asserts she is called daughter of Roger; yet whether daughter of Roger or of John, would still vest whatever right of barony there might be in the descending heir or heirs BARONIA ANGLICA CONCENTRATA. 255 from Richard Wallop. In Hutchins's Historj- of the County of Dorset* may be found * Vol. i. p. 152 many records cited, which are variant to each other. HOLLAND.— (8 Edw. IL) Robert de Holland, or Holand, from the humble origin of a poor knight, and secretary to Thomas Plantagenet, earl of Lancaster, became of such importance as to be summoned to parliament among the nobles of the realm from the 8 to the 14 Edw. IL ; but in the year following, on the insurrection of the said earl of Lancaster, made more against the Gavestones than the king, he failed the noble earl (his benefactor) in his promises of assistance, whereby he incurred the hatred of the people ; and being taken afterwards in a wood near Henley park, he was without trial beheaded. He married Maud, one of the daughters and coheirs of Alan baron Zouche, of Ashby, and by her had four sons, viz., Robert, his successor ; Thomas, who became earl of Kent; Alan and Otho, who died s.p. Robert Holland, the eldest son, had summons the 16, and afterwards from the 37 to the 46 Edw. III., and died the year following, 13/3, leaving Maud his granddaughter and heir, \-iz. ; daughter of Robert Holland his eldest son, who died vi. pat. ; which Maud married Sir John Lovel, and carried the barony of Holland into that family, wherein' it so remained till the attainder of Francis viscount Lovel, when the same, with all his other honours became forfeited to the crown ; which otherwise would have fallen into abeyance between his sisters, of whom Joane, or Jane, married Sir Bryan Stapleton ; and Fridiswide, Sir Edward Norris, knight.t The first now represented by the lately t Vide Lovel. acknowledged lord Beaumont ; and the other by the present earl of Abingdon. HOLLAND.— (27 Edw. III.) Thomas Holland, second son of Robert the first baron Holland, before mentioned, had summons to parliament from the 27 to the 31 Edw. III. inclusive. Having married Joane, heiress to her father Edmund, and her brothers Edmund and John, earls of Kent, he in her right assumed that title, and was thereby summoned to parliament the 34 Edw. III., but to no other subsequent parliaments, as deceasing the same year. Thomas, his eldest son, became his successor, and the 9 Rich. IL, his mother Joane being then dead, he had a special livery of the lands of her inheritance. He was half brother by his mother to king Richard IL, and by that title, viz., Carissimo Fratri Regis Thoirue Com' Kane., had summons to parliament the 6 Ric. XL, and to other subsequent 256 BARONIA ANGLICA CONCEXTRATA. parliaments of the same reign. He died the 20 Ric. II. His wife was Alice, daughter of Richard, earl of Arundel, by which lady he had two sons, Thomas and Edmond, suc- cessively earls of Kent ; and two other sons, John and Richard, who both died s.p. ; also six daughters, whereof Eleanor married, first, Roger Mortimer, earl of March, secondly, Edward Cherleton de Powys ; Margaret married, first, John Beaufort, marquess of Dor- set, and next, Thomas, duke of Clarence ; Joane was wife, first, of Edward, duke of York, secondly, of William lord Willoughby, thirdly, of Henry lord Scroope, and fourthly, of Sir Henry de Bromflete ; another Eleanor wedded Thomas, earl of Salisbury ; Elizabeth married Sir John Neville knight ; and Bridget was a nun at Berking. Thomas Holland, the eldest son, was upon the death of his father summoned to parliament the 21 Ric. II., as earl of Kent; but having been created duke of Surrey, he was in the next parliament of the same year summoned, viz : " Charissimo Consanguineo sua ThorruB Duci Surr'." But this honour was of short duration ; for Henry, duke of Lancaster having seised the crown, he, with the earl of Salisbury and other nobles, took arms to restore king Richard, in which attempt he and the confederate lords were sud- denly surprised and overpowered at Cirencester, and were seised and beheaded by the townsmen ; and in the parliament holden the next year he was attainted and his lands forfeited. Not having any issue his dukedom of Surrey became extinct. Edward Holland, his brother and heir,|who was then in minority, had afterwards great favour shown him, and had a special livery of divers castles, manors, &c., which devolved upon him under some old entail theretofore made by his ancestors ; and further- more had summons to parliament as earl of Kent the 7 Hen. IV., as also in the following year : but shortly after then, circ. 9 or 10 Hen. IV., died without leaving any legitimate issue, whereby the earldom of Kent became extinct ; and the barony of Holland, if not affected by the attainder of the duke of Surrey, fell into abeyance between his six sisters, or their representatives, whose marriages have been before mentioned. HOTHUM OR HOTHAM.— (8 Edw. I.) John, the son of Peter de Hothum, brother to John, bishop of Ely, who was also twice Lord Chancellor, had summons to a parliament convened to meet at York, the 8 Edw. II., but in that writ it is observed that the names of the justices, and others of the king's council were intermixed with the earls and barons, and in a writ of the same year * Dugd. Lists for a parliament to meet at Westminster ; * his name is then recited among the justices and others of the Idng's council, so also in the 9 and 11 Edw. II., but after, his name is not included in any other writs of summons. of Summ. BARONIA ANGLICA CONCENTRATA. 25? From this statement there is not anything to warrant his being considered to have been a baron by virtue of the aforesaid writs of summons. He had issue a son John, who had two daughters, viz., Alice and Catherine ; whereof, the former is said to have married, first Hugh Despenser, and to have had a son Hugh who died s.p., and a daugh- ter Anne who married Edward Boteler, who died s. p., 10 Hen. IV. Her second hus- band was John Trussel, by whom she had a son Sir John Trussel, knight, who died s. p. Thus, bv failure of issue surviving from Jolm so summoned, the 8 Edw. II., Edmund Skerne^ descended from Peter next brother to the same John, was upon claim to certain lands in the county of Warwick, the 38 Hen. VI., found to be heir to John Hothum bishop of El)', and chancellor of England. There was a John Hothum who married Maud, one of the daughters and coheirs of Robert de Hilton,* who, by the printed baronetages of the Hothum family is represented * VideHUton. to have descended from Thomas Hothum, another brother of the said John, and nephew to the bishop of Ely ; which Thomas must have been a younger brother, or the issue from Peter could not have made good the claim preferred as heir to the bishop. HOWARD.— (49 Hen. VI., and 9 and 10 Edw. IV.) The rise of this distinguished family, now holding the highest rank among the nobility of the kingdom, and embracing in its name as members of it, so many titles in the peer- age of the realm, owes its first origin to the fortuitous circumstance of an illustrious mar- riage made by Sir Robert Howard with Margaret, eldest daughter (as called by Collins) and coheir* of Thomas de Mowbray, duke of Norfolk, by Elizabeth his wife, daughter and coheir of Richard Fitz Alan, earl of Arundel, and cousin and coheir of John, the last Mowbray duke of Norfolk. Sir John Howard, only son and heir of Sir Robert, by this fortunate alliance, was first raised to the dignity of a baron, by writ of summons to parliament, the 49 Hen. VI., (or rather the 9 and 10 Edw. IV.,) addressed, " Johanni Howard de Howard, Militi" and from thence to the 22 Edw. IV.; after when, in 1483, he was created duke of Nor- folk, by king Richard III., to whom, much to his honour, he steadfastly adhered, and with him was slain at the battle of Bosworth. The barony of Howard, by the subsequent advancement to a higher dignity, became merged in the dukedom of Norfolk, and so continued, though with divers alternate forfeitures, and restorations, till the death of Edward the 11th duke, in 1777? s.p., when it, with other baronies, fell into abeyance between the two daughters and coheirs of his brother lord Philip Howard ; of which, the » Isabel the other daughter and coheir married the lord Berkeley. — (Vide Berkeley.) VOL. I. I i 258 * Vide Mow- bray. t Dug. Lists of Summ. + Dug. Ori- gines, p. 31. § Ibid, p. 32. BARONIA ANGLICA CONCENTBATA. eldest married the lord Stourton, and the youngest the lord Petre; whose representatives, the present barons Stourton, and Petre, are the coheirs in the said abeyance.* It may be observed that the origin of the family of Howard is of itself involved in great ambiguity of descent, notwithstanding the illustrious lineage attributed to it by Collins, and various other genealogical writers, and the ingenuity of flattering heralds. Sir William Dugdale with much candour assumes only to deduce it from Sir William Howard, a judge in the court of the Common Pleas, temp. Edw. I., and he confesses his inability to go further back ; but by a MS. in the possession of the author, under the attestation of Sir William, that learned baronagian regrets he had not seen the record from whence it is copied, before he had published his celebrated work. He says, that from the evidences therein cited, he is perfectly well satisfied that the pristine name was Harvard, and the judge descended of the family of that name in Lancashire : indeed, on referring to the writs of summons t by which William the judge was in that capacity called to parliament, the name is written Haivard, and not Howard. In the 21 of Eklw. I., by the name of William Haward, he was one of the justices of assize J for the counties of Lancaster, Nottingham, and Derby: but, in the 25 Edw. I., being made one of the justices of the King's Bench, his name is thus noted,§ viz : Will' Howard admissus 6f sa- cramentum prestitit, 1 1 Oct. ; and by the name of Howard had his summons to parlia- ment in that year ; yet in all the subsequent years he is called Haward. From this it would seem that Haward and Howard were synonymously used as applying to the same person ; but it nevertheless divests the Howard family of its far- famed genealogical descent from the Norman earls of Passy, and leaves Sir John Howard to be the founder of his own nobility, far later than many others of inferior rank in point of dignity; with reference to whom he might say, as Ajax retorted to Ulysses : " Nam genus, et proavos, et quae non fecimus ipsi, " Vix ea nostra voco." HOWARD DE WALDEN.— (39 Eliz.) This title, now extinct in the Howard name, first commenced in the person of Thomas Howard, eldest son of Thomas fourth duke of Norfolk, by his second wife Margaret, daughter and heiress of Thomas lord Audley, of Walden, who had been so created in 153S, with remainder to his issue male; for want, whereof, the title upon his decease in 1544 became extinct: which Thomas Howard had summons to parliament the 39 Eliz., the writ being addressed to him, viz : " Tliomce Howard de Walden Chevalier : " the like summons he also had the BARONIA ANGLICA CONCENTRATA. 259 43 Eliz. ; but after then he was advanced to the title of earl of Suffolk, the 1 James I., and by that title had summons to parliament the same year, though it is not mentioned in the Lords Journals when he took his seat either as lord Howard de Walden, or as earl of Suffolk. He died in 1626, and was succeeded by his eldest son, Theophilus Howard, second baron, and earl of Suffolk, ■\\ho in his father's lifetime had been called by writ to parliament, by the description of " Theophilus Hoivard de Walden Chiv' primogenito Tho' Comltis.i Stiff' ■" but it does not appear that he took his seat at this time, the journals* first noticing liis name viz : " Theophilus lord Howard * Joum. of Walden introduced, being summoned by writ, 9 Feb., 1609." By Dugdale's Lists he is stated to have been again summoned the 7? 8, 12, 18, 19, and 21 Jac. L, and 1 Car. L; after when he became earl of Suffolk. He died in 1640, having had issue by Eliza- beth his wife, daughter and coheir of George lord Hume, of Berwick, (earl of Dunbar in Scotland) several sons ; whereof James the eldest succeeded his father ; which James, third lord Howard, and earl of Suffolk, by Susan his first wife, daughter of Henry Rich, earl of Holland, had an only daughter Essex Howard, who married Edward lord Griffin ; and by Barbara his second wife, daughter of Sir Edward Villiers, had also an only daughter Elizabeth, who married Sir Thomas Felton, of Playford, in the county of Suffolk. Dying in 1688, without issue male, the earldom of Suffolk devolved upon his brother George Howard, and the barony of Walden fell into abeyance between his two daughters before mentioned ; and so remained tiU upon the claim of Sir John Griffin Whitwell, who had taken the name of Griffin, descended from lady Essex Howard, the eldest coheir before mentioned, the abeyance was determined by the king, in his favour, and he accordingly had summons to parliament as lord Howard of Walden, and took his seat in the House of Lords the 9th of August 1784.^" Deceasing in 1797j without issue, f Ibid, and all the issue of lady Essex Howard being extinct ; the barony then devolved upon the heir representative of the lady Elizabeth Howard, who married Sir Thomas Felton, viz: Charles Augustus Ellis, son and heir of Elizabeth Catherine Caroline, wife of Charles Rose Ellis, esq., daughter and heir of John Augustus Hervey, who died in the lifetime of his father Frederick, fourth earl of Bristol ; son of John lord Hervey, who died in the lifetime of his father John Hervey, first earl of Bristol, who married Elizabeth, sole daugh- ter and heir of Sir Thomas Felton, by Elizabeth his wife, second daughter and coheir of James third baron Howard, of Walden, and earl of Suffolk. » There seems some doubt as to the creation of this barony by writ in the person of lord Thomai Howard, the 39 Q. EUz. The Lords Journals do not shew that he ever took his seat as lord Howard de Walden, the first men- tion therein of such a title being that of Theophilus his son, after his father had been created earl of Suffolk ; from which circumstance it may be inferred, that the barony was incorporated in the patent of the earldom of Suffolk, limit- ed to issue male. — Vide some interesting remarks respecting this subject in the Sydney papers, vol, it; and in a note in Banks's Dormant and Extinct Baronage, vol. ii., p. 278. 260 BARONIA ANGLICA CONCENTRATA. HOWARD OF WALDEN. 1. Mary, second of the three sisters and=Thomas Howard, summoned to parliament coheirs to Thomas lord Dacre of Gillcs land, s. p. 39 Elizabeth, created Earl of Suffolk the 1 James I., ob. 1626. ■1. Elizabeth, daughter and coheir of Sir Henry Knevet, of Charlton, knight. Theophilus, 2nd baron & earl of Suffolk, ob. 1640.=pElizabeth, d. & c. of Geo. lord Hume of Berwick. Other issue. I I 1. Susan, daughter of Hemy Richard,=i=James, third baron and=p2. Elizabeth, daughter of Sir I Earl, ob. 1688. | Edward ViUiers. Other issue. Earl of Holland. Essex, only d. & eldest coh.=pEdward lord Griffin, ob. 1710. Elizabeth, youngest d. & coh.=j=Sir Thomas Felton. James lord Griffin, s. & h.=f:Anne, d. & h. of Ric. Rainsford r ' r-i— James, s. p. Richard, s. p. Elizabeth, sole d. & h.=pJohn Hervey, 1st earl of Bristol. . I , Edward,=^Mary, dau. of Anthony Wel- den, of WeU, in com. Line. 3rd lord Griffin, ob.l742. I — Essex, Anne=pWilliam WTiit- well, of Oun- dle, CO. North- ampton, Esq. Grif- fin. Elizabeth, mar. 1st Henry Nevil, s. p., 2nd John, earl of Portsmouth, s. p. John lord^ Hervey, obiit vita patris. Matthew, thrice mar. Sir John Griffin Whitwell, only ob. s. p., 1798. took the name of Griffin by child, WilHam, drowned in act of Pari., anno 1749, died 1731. sum. as Lord Howard de unmar. George, died unmar- Walden, 3 August, 1784, 1738. ried 1750. died 5 May, 1797, s. p. Elizabeth, ob. unmar. 1776. Aime, mar. Count Melderen, Dutch Envoy, obiit 1796, s.p.s., having had a son & Sophia, twin with Mary dau. who both ob. infants. born 20 July, 1728, Sophia, died an infant. died June 1729. Mary, m. Wm. Parker, D. D., Rector of St. James', ob. 1799, s. p. Geo. Will., 2nd earl, ob. 1775, s.p. Augustus John, 3rd earl, ob. 1779, s.p.. Frederick, 4th earl, ob. 1803.-1 William Frederick, fifth earl, and heir male in succession to the earldom of Bristol. John Augustus lord Herver, ob. vi. pat., 1796.-1 Elizabeth Catherine Caroline, daur. and heir, ob. at Nice, 21=T=Charles Rose EUis, Jan., 1803, set. 23 ; bur. at Esher, co. Surr. esq., mar. 1798. Charles Augustus Ellis, a minor at the time of claim, which was allowed in 1807- HUNGERFORD.— (14 Hen. VI.) Walter Hungerford, of a very eminent family and ancient descent, was first sum- moned to parliament the 14 Hen. VI., and from thence to the 27 of the same reign; about which time he died. By Catherine his first wife, who was one of the daughters and coheirs (with Alianor her sister, wife of William Talbot,) of Thomas Peverell, by Margaret his wife, daughter of Thomas Courteney, by Muriel his wife, one of the daugh- * Vide Moeis. ters and coheirs of John lord Moels,* he had issue three sons, viz. : Walter who died vi. pat., s.p. ; Robert his successor, and Edmund who married Margaret, daughter and co- t VideBumell heir of Edward, son and heir apparent of Hugh lord Burnell,t but died \'i. pat., and by her was ancestor to the Hungerfords of Down Ampney, in the county of Wilts. Robert, eldest surviving son of Walter, was the second baron Hungerford. In the 17 Hen. VI., upon the death of Alianor Talbot, his mother's sister, he was found to be her heir, and thereupon had livery of her inheritance ; acquiring by her death s.p., one BARONIA ANGLICA CONCENTRATA. 261 moiety, and a coheirship in the barony of Moels. He had summons to parhament from the 29 to the 33 Hen. VI., and deceased the 37, (1459,) leaving by Margaret his wife, sole dausrhter and heir of William lord Botreaux,* Robert his son and heir, which * ^'de ... . .,„. ,. Botreaux. Robert, third lord Hungerford, having married Alianor, daughter and heir of William lord Molinesjt had in his father's lifetime, summons to parliament from the 23 to the 31 t Vide Molice. Hen. VI,, as " Roberto Hungerford, Militi Domino de Moleyns ," but he does not appear to have been ever summoned after his father's death as lord Hungerford. Being on the part of king Henrv, at the battle of Towton, he was attainted in the parliament of the 1 Edw. IV.: after this, still adhering to the Lancastrian side, he was taken prisoner on their defeat at the battle of Hexham, and being conveyed to Newcastle, was beheaded, (1463). By the said Alianor Mohnes, his wife, he had issue three sons, Thomas, Walter, and Leonard : of these, Thomas Hungerford, his son and heir, for a time supported king Edward ; but after- wards endeavouring the restoration of king Henry, he was seised, tried at Salisbury, condemned as a traitor, and beheaded. His wife was Anne, daughter of Henry earl of Northumberland, by whom he had a sole daughter and heir, Mary, who married Edward, son and heir apparent of W^illiam, then lord Hastings : which Edward, notwithstanding the attainders of his wife's father and grandfather were not reversed, obtained so much favour from king Edward, that he was summoned to parliament the 22 Edw. IV., as " Edwardo Hastings de Hungerford, Chiv.;" and again by the same description the 1 Ric III.; but in the 1 Hen. VII., those attainders were reversed, and he continued to be summoned by the same style. His son George was created earl of Huntingdon ; when the baronies of Hungerford, Molines, and Botreaux became merged therein, as under Hastings has been before noticed,^ and are now vested in the present marquess of t Vide IT , ■ Hastings. Hastings. HUNGERFORD OF HAYTESBURY.— (28 Hen. VIII.) Walter Hungerford, son of Sir Edward, and grandson of Walter, next brother to Thomas, beheaded at Salisburj', and heir male of Walter the first lord Hungerford, was summoned to parliament the 28 Hen. VIII., as " Walter Hungerford de Haytesbury Chiv." and took his seat the 8th of June, the same year; but in the 31 Hen. VIII., he was attainted in parliament, and the following year suflered death on Tower Hill. The crimes laid to his charge seem to have been of a trifling nature, rather preferred to get posses- sion of his great estate, than for the seriousness of their ofl"ence ; unless that of the prac- tice of an imnatural crime be considered, of which he was accused, and which led to the 262 BARONIA ANGLICA CONCENTRATA. judgment given against him : thus his barony became forfeited." By Susanna Danvers^ his first wife, he had issue Walter his son, hereafter mentioned, and three daughters, whereof Susan married first, Michael Ernly, whose heir or coheir general was the late Mrs. Earle Drax Grosvenor ; secondly, John Moring ; and thirdly. Sir Crew Reynolds ; Lucy the second daughter, married first. Sir John St. John, and secondly. Sir Anthony Hungerford, of Black Bourton, in the county of Oxford, second son of Sir Anthony Hungerford, of Down Ampney; and Jane the third daughter, married Sir John Kerne, knt. The said lord Hungerford, by Alicia Sandys his second wife, had issue Sir Edward Hun- gerford, who was twice married, but died in 1608, s.p. ; also two daughters, viz.: Mary, who married first, Thomas Baker, and secondly, Thomas Sliaa; Anne, the other daughter, 59 60 " ' '''' ^^^'^ unmarried. He is said by Leland* to have had a third wife, Elizabeth, daughter of t P. 11 et se- John lord Hussey: l)ut Sir Richard Colt Hoare, in his Hungerfordiana,t names her quene. Isabel, and does not give any issue from her. Walter, only son and heir of the attainted lord, was restored, not in queen Mary's J Rot. 32. reign, but in the 34 and 35 Hen. VIII. :J the act, however, is a mere restoration in blood, specially excepting the title, and the castles, manors, &c., of this great inheritance: as such, without a reversal of the attainder, no baronial claim can be maintained by his descendant heirs general. This Walter was first married to Anne Basset, but had not any issue by her; his second wife was Anne Dormer, by whom he had a son Edmond, who died s.p. : whereby, upon his own death, his sisters, or their representatives became his coheirs. HUNTERCOMBE.— (45 Hen. III., and 23 Edw. I.) William de Huntercombe, married Isabel, one of the daughters and coheirs of D ^m^'E^t^ Robert de Muschamp,§ called by Matthew Paris, a man of great note in the North, where Baron., v. i., he held in caplte per baroniam, and was summoned as a baron to the parUament called to II Claiis. Rot. meet in London by writ, the 45 Hen. III.|| m.3,mDorso. Walter de Huntercombe, his son and heir, had summons to parliament from the 23 Edw. I. to the 4 Edw. II.*" In the parliament at Lincoln the 29 Edw. I., he is mentioned by the name of Walterus de Huntercombe, as one of those barons who subscribed their a The parliament was assembled 28 April, 31 Hen VIII, and afterwards by prorogation continued to the 20 April, 32 Hen. VIII, and after by other prorogations to the 24 July, when the attainder was made. (Rot. Pari, in the Rolls Chapel.) The great Cromwell, earl of Essex, was tried at the same time, found guilty and beheaded ; but it is remarked that he was not allowed to make any defence, and the legality of the conviction of these two peers is very much questioned. '' Although there is not any writ of summons upon record, yet it appears from the Rolls of Parliament that he was present therein, the 18 Edw. I., when an aid was granted for the marriage of the king's eldest daughter. BARONIA ANGLICA COXCENTRATA. 263 names, and affixed their seals to the memorable letter then written to the pope. He died circ. 6 Edw. II., when his barony under his writs of summons became extinct, and Nicholas Newbaud, son of Gunnora his sister, by Richard de Newbaud, became his ne- phew and heir. Yet, it would seem there was as good a right derivable from the writ of the 45 Hen. III. to his nephew, as any pretended to be claimed by the descendants of those who were summoned to the parliament called by the rebel barons the 49 Hen. III. This Walter married Alice, one of the daughters and coheirs of Hugh de Bolebec, a great feudal baron in the county of Northumberland ; but not having any issue by her it appears that the king took the homage of Thomas de Lancaster, cousin and next heir of Alice, who was the wife of Walter de Huntercombe, deceased, as to those lands which the said Walter, by the law of England, held of the inheritance of his wife, in the county of Northumberland.* * orig. 7 Ed. II., Rot. 6., Northumb. HUNTINGFIELD.— (45 Hen. III. and 22 Edw. I.) William de Huntingfield, in the time of king John, was one of the twenty-five barons appointed to enforce the observance of Magna Charta, which shows the eminent degree of rank and importance in which he then was esteemed.'' Roger de Huntingfield, his son and heir, died the 41 Hen. III.,t leaving Joane, his f Esch.Rot.29 wife, one of die daughters and coheirs of WiUiam de Hobrugg, and W^illiam his son and heir surviving, which William de Huntingfield was one of those who as a baron had summons to that parliament which the king called to meet in London the 45 Hen. III. J He died the 11 + ciaus. m. 3, Edw. I., and was succeeded by his son "^ Roger de Huntingfield, who had summons to parliament the 22 and 25 Edw. I. Though not summoned to the parliament at Lincoln the 29 Edw. I.,§ he was one of § Dugd. Lists those nobles who had his seal appended to the famous letter then written to the pope, ° """""■ on which occasion he is designated Rogerus de Huntingfelde Dominus de Bradenham. He " Sir Harris Nicolas, in his Peerage Synopsis, makes a note that Dugdale did not consider this family to obtain baronial rank mitil the summons of the 25 Edw. I. : but, from the circumstance of having been one of the twenty- five barons appointed to enforce the observance of Magna Charta, it was pretty evident it should be considered as possessed of that dignity. Taking this observation to be correct, it follows that the descendants of the said WiUiam were to be similarly considered, and that their baronial rank was founded on tenure, but was not acquired by creation by writ; their right of summons^to parliament being incident to their tenure, as confirmed by Magna Charta. Any summons, however, which might be directed to them after the alienation, or divisional dismemberment of their baronial lands, would he creative of a personal descendable barony. 264: BARONIA ANGLICA CONCENTRATA. * Esch. 31 died circ. 30 Edw. I., leaving Joice,* daughter of John de Engaine, and William his Ed. I., no. 31. son and heir, which William de Huntingfield does not appear to have ever been summoned to parlia- t Esch.no. 47 ment. He died the 7 Edw. II.,t leaving Roger his son and heir, then in minority, and Sybilla his wife surviving, who remarried WiUiam le Latimer. Roger de Huntingfield never had summons to parHament, and deceased the 1 1 Edw. III., leaving issue, according to Dugdale, by Cecilie his wife, daughter of Sir Walter de Norwich, knight, William de Huntingfield his son and heir, then under eight years of age, who, the 25 Edw. III., making proof of his majority, had livery of the lands of his inheritance, and had summons to parliament from the 25 Edw. III. to the 49, inclusive, and died the year following, leaving, says Dugdale, Alice the widow of Sir John Norwich, his kins- t Vol. u.p.l36 woman and next heir; but Morant, in his History of Essex, asserts} that he left two daughters his coheirs, viz. : Alice, wife of Sir John Norwich ; and Mariona, who married first, John de Huntingfield, and secondly, Stephen le Scrope. On considering these two contradictory statements, that of Morant inclines most to be correct ; with the exception only, that it was the William summoned to parliament from the 25 to the 34 Edw. III., who left these daughters, and not William whose name appears from the 44 to the 49 Edw. III., and who is rather indicated, from the inspection of the succession of the writs of summons, to have been son and heir of John de Hunt- § Dugd. Lists ingfield, by Mariona before mentioned ; for thus Dugdale recites the several writs, § viz.: William de Huntingfield, from the 25 to the 34 Edw. III. ; John de Huntingfield, from the 36 to the 43 Edw. III. ; WiUiam de Huntingfield, from the 44 to the 49 Edw. III. II Vol.xi.p.18 Ijj Blomfield's Norfolk, continued by the Rev. Charles Parkin, || he states that Wil- liam, son and heir of Roger, son of William de Huntingfield, died the 7 Edw. II., and in the 13 of that king, Walter de Norwich, a baron of the exchequer owed £18 for the farm of the custody of the third part of the manor of Huntingfield in Suffolk, late Wil- liam Huntingfield's, which Sibilla his widow held in dower, after whose death it was in the king's hands by the minority of Roger his son and heir. In the 3 Edw. III., Roger de Huntingfield and Alianor his wife were found to hold of queen Isabel, as of the honour of Eye, half a fee in Barton, and Roger was their son and heir as appears by the Escheat Rolls ; and the 1 7 of that king, Richard de Keleshull, who had married the said Alianor, conveyed by fine to Thomas de Sywardeby and Eliz- abeth his wife, the moiety of divers lands, to be enjoyed after the death of Alianor, widow of Roger de Huntingfield, by Richard de Keleshull for Ufe, remainder to Thomas and Elizabeth Sywardeby and their heirs ; the said Elizabeth being probably sister and heir to Roger. I BARONIA ANGLICA CONCENTRATA. 265 JOHN DE HUNTINGFIELD.— (36 Edw. III.) John de Huntingfield had summons to parliament from the 36 to the 43 Edw. III., but who he was, how descended or connected with the branch before noticed, Dugdale does not notice, nor give any account of him ; nor does Sir Harris Nicolas in his Peerage Synopsis attempt to explain. The following pedigree may in some respect show his descent, though it does not the connection with the other family. Walter de Huntingfield, of Huntingfield, in com. Kancise, 42 Hen. III.^ J- Peter, Sheriff of Kent, 11 Edw. l.—(Esch. 1 Edw. II., No. 12.J=P Walter, temp. Edw. II., had charter for market and (air.— fChart. Rot. 11 Edw. II., No. 23.^=^ John summoned to parliament 36 Edw. 1 11.^ . I William, ob. s.p.s., 50 Edw. III.: I John, ob. yi. pat., s.p. Alice wife of Norwich, and Joan wife of Copledicke, cousins and heirs. — fyick FhilpoVs Kent, p. 363. > Thomas son and heir of John de Huntingfield. — CEscli. 45 Edw. III., Ab, 30.) HUSSEY OF SLEFORD.— (21 Hen. VIII.) John, son of Sir William Hussey, chief-justice of the King's Bench, temp. Hen. Vlf., first entered the parliament chamber as a baron the 21 Hen, VIII. : his name does not appear in the writs of summons of that year, from which it may be inferred that it was not till after the session had commenced that he was called thereto. In the next parlia- ment, convened the 25 Hen. VIII., his name is written in the writs, Johanni Hussey (de Sleford) Chivalier ; so also in the 28 Hen. VIII. But shortly after engaging in that in- surrection on account of religion which then broke out, he was attainted of high treason, his manor of Sleford. with other lands to the value of five thousand pounds per annum confiscated, and he himself beheaded at Lincoln anno 1537 : thus his barony became forfeited. His children were however afterwards restored in parliament the 5 queen Elizabeth ; but neither his estates nor the title were granted to his heirs. He was twice married ; first, to Margaret, daughter and heir of Simon Blount, of Mangotsfield, and relict of Sir John Barrs, of Barrs Court, in the county of Gloucester, by whom he had Sir William Hussey, of Beauvale, who by Ursula his wife, daughter and coheir of Sir Robert Lovell, left issue (at his death 19th January, 1555-6) two daughters his coheirs, viz : Nella, aet. forty-one, who married Richard Disney, of Norton Disney, in the county VOL. I. K k 266 BARONIA ANGLICA CONCENTRATA. of Lincoln ; and Anne, set. forty, who married Francis Columbell, of Darley, in the 75?*"^^' '^gs^e county of Derby.* The second wife of lord Hussey was Anne, daughter of George, earl of Kent, by which lady he had Sir Giles Hussey, of Caythorpe, in the county of Lincohi, and other issue. Dugdale in his Baronage makes this lady his first wife, but in this he was evidently WTong, as lord Hussey's grandchildren, through Margaret Blount, were older than his eldest daughter by lady Anne Grey. The heirs representative of Disney and Columbell would be coheirs to the barony were it not for the attainder. Sir William Hilary is presumed the heir of the Disney line. INGE.— (8 Edw. n.) William Inge was appointed king's sergeant the 21 Edw. I., and the 8 Edw. II. had summons to parliament; but in that year, the justices and others of the king's council t Dugd. Lists were intermixed in the same writ with the earls and barons,t so that it cannot be con- sidered that he was thereby ennobled with a barony descendable to his issue. He was afterwards summoned only as other of the king's council and justices were. In the y Edw. II. he was made a justice of the Common Pleas, and in the 11 Edw. t Chronica II. chief-justice of the King's Bench,t but never was again summoned among the barons of the realm. — *■ — ' r— _— _ He married Margery, one of the daughters and coheirs of Henry Grapenell, and died § Esch. 15 circ. 1321, S leaving female issue, of which Joan, a daughter, married Eudo, son and heir Edw. II. n.42. . . ' o ' 3 apparent to William lord Zouche, of Haryngsworth, who died in the lifetime of his father. INGHAM.— (2 Edw. III.) John de Ingham, of Ingham, in the county of Norfolk, married Albreda, one of the II Harl. MSS. daughters and coheirs of Walter (or William ||) Waleran, a great feudal baron, and was fol 64* according to Dugdale,1f grandfather of H Baron, vol. John de Ingham, who, the 26 Edw. I., had summons to Carlisle, equis et armis, ii., p. 104. o ' ' . . . ^ being in the writ stj'led a baron, the earls and barons being therein distinguished by their ** Dug. Lists respective ranks.** He died the 2 Edw. II., leaving Margery his wife surviving, and Oliver his son and heir set. twenty-three, which ''*5l «i'i Oliver de Ingham became a person of great note, and in the 2 Edw. III. had sum- mons to parliament ; also in the 4th to another parliament at Winchester, and the same year to a great council to be holden at Oseney, as likewise to one to be holden at Nottingham. BARONIA ANGLICA CONCENTRATA. 2ft7 In the 16 Edw. III. he was again summoned with the earls and barons to a great council to be holden at Westminster, shortly after which he died, circ. 18 Edw. III.,* * Orig. 18 T 1 T /• Ti 1 c r Edw.III.,Rot. never having been again summoned, leavmg Joane, the wife oi Roger le otrange, oi 2. Knokyn, his youngest daughter, then Uving, set. twenty-six ; and Mary, the daughter of John Curzon, (by Elizabeth his eldest daughter, deceased) then nine years of age, his next heir;* which Joane afterwards became the wife of Milo de Stapleton. EUzabeth, the wife of the said Oliver de Ingham, still surviving, had dowry in certain lands in the counties of Norfolk, Sussex, and Wilts. Sir Miles Stapleton.^ ( Sir Gilbert.=T=Agnes, daughter and coheir of Bryan Fitz Alan, lord of Bedale. Sir Miles Stapleton, K.G., temp .=pJ cane, daughter and coheir of Oliver Ingham, and Edw. III., ob. 38 Edw. III. | widow of Sir Roger le Strange of Knockyn, s.p. Joan, wife of Sir Sir Miles, of Bedale and^Ela, daughter of Sir Edmund Ufford, brother of Robert earl of John Plays. Ingham, ob. 5 Hen. V. | Suffolk, by Eva liis wife, daughter of Sir John Pierpoint. ' Edmund, ob. 141 7. Sir Brian Stapleton.-pCecilia, d. of William lord Bardolf. Ela, m. Sir Robert Brews, of Salle. I , ' r 1 2. Catherine, daughter of Sir=pSir Miles Sta-=1. Elizabeth, dau. Brian, 2nd|son, mar. Anne, married Thomas Thomas De la Pole, remarried ~ ~ _ . - . . ....... ^ to Sir Richard Harcourt. r pleton, of Ing- of Sir Simon Fel- Isabel, named in his Heath, Esq., of Hen- ham, ob. 1466. brig, s.p. father's will. grave, co. Suffolk. 1 1. Elizabeth, *=pSir William 2. Sir John=j=Joan, dau. =pl. Christopher, son of Sir Richard d. and coheir. I Calthorpe. Hudleston. | and coheir. | Harcourt, by Edith his 1st wife. i ' iJ , 1 1. Elizabeth, dau. of Sir=Sir Francis=r=Elizabeth, dau. of John Hud- Issue. John Wyndham, s.p. Calthorp. | Ralph Bemey, Esq. leston. William Calthorp .=Thomasine, daughter of Sir Thomes Tyndale, of Hockwold. • On the death of Sir William Calthorp, she is said to have remarried Sir John Fortescue, chief-justice of the Court of King's Bench, who with her resided at Ingham. On his death, she was again marreid to Sir Edward Howard, Lord High Admiral. The following inscriptions, on several gravestones in the chancel of the church at Ingham, support the accuracy of the Stapleton pedigree. Under an arch on the north side lie the effigies of Sir Oliver Ingham in complete armour, also twenty-four mourners about his monument and the sides of it : ' ^ " Mounsier Oliver de Ingham gist icy, et Dame Elizabeth sa compagne que luy Dieux de les almes eit mercy." lift ft ihsit iiii. On the pavement of the chancel a portraiture of a knight in complete armour, and his lady on the right hand in brass : round the gravestone : " Priez pour les almes Monseur Miles de Stapleton et Dame Johanne sa femme, fille de Monseur Olvier de Ingham, fondeurs de ceste mayson, que Dieu de leur almes eit pitee. " He had a son John de Ingham, who died in his lifetime, the 12 Edw. III., s. p. 268 BARONIA ANGLICA CONCENTRATA. On another gravesone, the portaitures]^in brass of a knight in armour, with his lady and this epitaph : " Icy gist Monseur Miles de Stapleton fils al Foundeur de ceste Mason, et Dame Ela sa compagne, &c." On another, a knight and his lady, with this inscription : " Hie jacet Dfis Brianus Stapleton fil Dni Milonis Stapleton filii Fundatoris qui ob. 29 Die mensis Augusti anno quadringentesimo et Dna Cecilia filia Drii Bardolf uxor ejusd Dni Briani que ob. 29 die Septembris anno Dni 1452 quo^ aiab^ ppitietur Deus." On a like stone, the portraitures of a knight and his two wives : " Orate p ai'a Dni Milonis Stapleton militis filii Dni Briani Stapleton filii Dni Mi- lonis Stapleton, filii Dni Milonis Stapleton mit Fundatoris ecctie hujus qui ob. 1 Die Octob anno Dni 1466 et p aiab Dne Catherine filie Dni Thomse Pole fit Michaelis nup comitis Suflfolk, et Eliz filie Dni Simonis Felbrigg mit consortium p rimi p missi Dni Milonis." On a gravestone with the pourtraiture of a lady in brass: " Icy gist Jone, jadis femme a Mounseur John Plays, fiUe a Mounseur Miles de Stapleton que amourout le second jour de Septemb." On another, a lady in brass, the epitaph re-added with the arms of Ufford, which purports to be for Ela, the daughter of Sir Edmund UfFord. Also on another stone : " Hie jacet venerabilis Edmund Stapleton armiger quonda camerarius serenissimi principis Johs Ducis Norf et filius Milonis Stapleton, fit Fundator hujus Domus, qui ob. 1462 et Dfia Matilda consors ejus, uxor quondam Hugonis FastoK mit que ob anno 1435." The priory of Ingham was founded by Sir Miles Stapleton and the lady Joan his wife, daughter and coheir of Sir Oliver de Ingham, in the 34 Edw. III. : the friars to pray for the souls of king Edw. III., Sir Miles Stapleton and the lady Joan, the founders. Sir Brian Stapleton and the lady Alice his wife. Sir Miles Stapleton de Hathesy in York- shire, John de Boys, and Roger de Boys his brother, Mr. Laur de Thornhill, Clerk, Wil- liam de Hemelesey and Catherine his wife, and Reginald de Eccles, then living; and for the souls of Sir Gilbert de Stapleton and the lady Agnes, father and mother of Sir Miles, the founder. Sir Oliver de Ingham and the lady Elizabeth, Sir Nicholas Stapleton and the lady Catherine Boys, deceased. BARONIA ANGLICA CONCENTRATA. 269 This lengthy account of the Stapletons of Ingham has been so fully given, inasmuch as Dugdale in his Baronage has much confused and misrepresented them ; which on reference to that work will be readilj' perceived. KERDESTON.— (6 Edw. III.) William, son of Roger de Kerdeston, married Margaret,^ daughter and coheir of Gil- bert de Gaunt, lord of Folkingham, in the county of Lincoln, who died the 3 Edw. I., and sister and coheir of Gilbert de Gaunt, who died circ. 26 Edw. I., s.p. Roger de Kerdeston, son and heir of William, was summoned to parliament from the 6 to the 10 Edw. III., and dying the following year,'' was succeeded by his son William de Kerdeston, who had summons from his father's death, (11 Edw. III.,) to the 34 Edw. III.,"^ and died the year following; but none of his posterity were after summoned, arising most probably from the questionable right as to who was his next legal heir ; for on this there was a great controversy between John de Burghersh, found by one inquisition to be his cousin and heir, and William de Kerdeston, found by ano- ther inquisition to be his son and heir, who, making his appeal to the Court of Chancery, obtained the inheritance.* * Vide Rot. In Morant's Essexf it is stated, and partly confirmed by a MS. ped. in Coll. Ar- ill., m. 8, pars morum, that William the baron was twice married ; and by Margaret Bacon, his first 1" y'^,' ^ wife, had issue two daughters, viz. : Maud, who married John de Burghersh, and had a 129. son John, who dying the 19 Ric. II., left two daughters his coheirs; whereof, Margaret married first Sir John Grenville, and secondly John Arundel; and Maud, the other daugh- ter, wedded Thomas, son of Geoffrey Chaucer, the poet, by whom she had a daughter Alice, who was thrice married. Margaret, the other daughter of William de Kerdeston and Margaret Bacon, married William Tendring ; whose son William left two daugh- ters, coheirs ; of which, Alice was wife of Sir John Howard, and Elizabeth was the wife of Simon Fincham. The second wife of William the baron was Alice, or Blanch Norwich, (called his concubine), by whom he had the controverted son William, as before mentioned. This * She died in 1321, and was buried at Langley, in Norfolk, viz : Anno Dom. 1321, obiit Margareta, quondam uxor domini WUUelmi filii Rogeri de Kerdeston, Militis, et jacet in Ecclesia Abbatiie Langeley, ante Altare Crucis juxta Dominum Tliomam de Kerdeston Archidiaconum Norf., ex parte Aquilonari, qui Thomas ob. 1220. ** Anno Domini 1337 obiit Dominus Rogerus de Kerdeston miles, et sepelitur in Ecclesia Abbatiie de Langeley, juxta matrem suam ex parte australi. ' In the writ of summons of the 11 Edw. III., in a parenthesis, is noted " Vacal quia restitutus fiiit, el alibi in obseqnio regis." 270 BAROMA ANGLICA CONCENTRATA. William de Kerdeston, so acknowledged to be lawfully born, by Cecilia de Brews, his wife, had issue Sir Leonard Kerdeston, whose son. Sir Thomas, died 20 July, 1446 ; having had issue by Elizabeth his wife, a daughter and heir Elizabeth, who married Sir Terry Robsart, and had issue by him a daughter Lucy, who married Edward Walpole, and two sons, William and John ; which John Robsart, by Elizabeth, daughter of John Scot, of Camberwell, in the county of Surrey, had an only daughter and heir Anne, who was first wife to the celebrated Robert Dudley, earl of Leicester, the great favorite of queen Ehzabeth, and had the misfortune to break her neck by a fall down stairs, not accidentally, but wilfully caused, as generally supposed by the contrivance of the earl, her very infamous husband. Sir Harris Nicolas, in his Synopsis, says, " the barony of Kerdeston, on the failure of the issue of WiUiam de Kerdeston, the reputed son of the last baron, fell into abey- ance between his half sisters, or their descendants, and is presumed to be now vested in their representatives," which would be on the part of Margaret Kerdeston, who mar- ried John Arundel, the coheirs of Richard Arundel Bealing. But the issue of the said William de Kerdeston did not fail as herein before mentioned, his grandson Thomas leaving a daughter and heiress Elizabeth, who married Sir Terry Robsart, whose daugh- ter, and eventually sole heiress, Lucy, married Edward Walpole, esq. ; from whom de- scended Sir Robert Walpole, first earl of Orford, in whose heirs general the right of the barony of Kerdeston may be considered now vested. idoL rBniJ. It has been stated that Maud Kerdeston married John de Burghersh ; but in the visitation of the county of Cambridge, by Henry St. George, anno 1619, the name is called Borough, and not Burghersh, viz : neiJifiq Roger de Kerdeston,=^ 1 . Margaret, daughter of Edward Bacon, of Norwieh.=^Sir William de Kerdeston. =Blanch Norwich, his concubine. I I Maud, daughter and coheir .=pJohn Borough. Margaret, daughter and coheir. ^Sir William Tendring. I ' Sir John Borough, of Borough Green. -pKatherine, daughter of Sir John Engayne. I 1 1 1 1 I John. William. Jane, m. Sir Wm.Arkiastall. Margaret, m. Zouche. Maud.=T=Thos. Chaucer. Alice. I ' Alice married William De la Pole, Duke of Suffolk. But in another statement in the same Visitation, in the pedigree of his own family, St. George gives the issue of John Borough, as under : — Sir John Borough. pKatherine Engayne. I 1 1 ' 1 — I iV'a.T Margaret, married Sir John, Joane, married Sir Jane, married Elizabeth, married Sir Zouche. s.p. William Asheall. Haselden. John Inglethorpe. v. BAROXIA ANGLICA COXCEXTRATA. 2/1 -,^. Alice, or Blancli^WiUiam, son and heir of Roger de Kerdeston; xt.=pl. Margaret, dau. Norwich. | 30, apud mort. pat.; oh. 35 Edw. III. I of Edmund Bacon. _J I ' : 1 William, son and heir. — Rot. Pat. -14 Edw. ///., ^Cecilia Maud, wife of John Margaret, wife of Wm. m'.li, p. 3. Ob. circ. 3 Ric. II. | Brews. de Burghersh. Tendring. Sir Leonard Kerdeston, lord of Claxton, 9 Ric. II. Ob. circ. 3 Hen. IV.=^ daughter of . r -" Sir Thomas Kerdeston, ob. July 1446, 25 Hen. VI.^Elizabeth, daughter of r ^ Elizabeth, daughter and heir.-pSir Terry Robsart. r 1 ' -. William, s. p. John Robsart.T=Elizabeth Scot. Lncy Robsart.=^Edward Walpole, esq. 1 I AJane, daughter and heir, mar. Robt. Dudley, earl of Leicester, s.p. .\ quo Sir Robert Walpole, earl of Oxford. KIRKETON OR KERKETON.— (3? Edw. ffl Ip^ ^'^ ^"'' baJaav won 3d oi faaraueaiq ai bns jgjnfibnaogab irari] io ,zislzi'a tied aiii rroawJ^i JdftN Dtl KiRKETOx, or Kerketon, 111 ttisit part of Lincolnshire called Holland, the 16 Edw. III. being possessed of the manors of Tatshall and Tumby, in that county, made a feoffment thereof to Adam de Welles and otliers, to stand seised of the same to the use of himself, and Isabel his wife,* and to the heirs of their two bodies, with divers remain- * ^i'^e Esch. . . . , , 43 Edw, III. ders ; and having had summons to parliament the 36 and 37 Edw. III., died the 41 of part. 1. n. 60. the same reign,t leaving, according to Dugdale, Sir John Tudenham, knight, Richard de tEsch.No.38. Lina, John de Tilnev, and William de Sutton, rector of the church of Whitwell, his ^ , . " \, b^nTBm noi&abioA bjjsM jbAj baieJe nsad sen next heirs. ^ , ,..-., , . But, among the Dodsworth MSS., at Oxford, there is a pedigree which differs much from this statement, if the John therein mentioned be the same who had summons to parliament the 36 and 37 Edw. III. John de Kirketon, summoned to parliament.^ Edmund de Kirketon. -p. '.". . I Olivia, sole daughter and heir.-pWilliam Sally, or Sawley, 6? "*°" " " county of York. Robert Sally, alias Sawley .-pElizabeth, daughter and heir of i Saxton, of Saxton, county of York. William Sally, of Saston.-i-Elizabeth, daughter of Sii" .. I Olivia, sole daughter and heir.=pWilliam Hungate, of Bomby, county of York. I ' William Hungate, of Bomby, and Sa.'ston, (Will proved 1547.) THOMAS KIRKETON.— (16 Edw. III.) Thomas de Kirketon had summons to a great council to be holden at Westminster, the 16 Edw. III., which though it purports from the words pro arduis negotiis, ^c, ibi 272 BARONIA ANGLICA CONCENTRATA. * Vol. i., p. 248. t Dug. Lists of Sum. X Chron.Jurid. tractatum, yet does not appear to have been for the holding a regular parliament ; but as it was afterwards prorogued, the summons cannot be considerd to have created any baronial right. As to who he was, of what family, whether connected with the preced- ing John de Kirketon, or had any wife, or issue, Dugdale is silent ; and his name does not have notice in any other genealogical author. Thoroton, in his History of Nottinghamshire,* indeed mentions a family of the name, whereof a Robert de Kirketon, (a place so named in that county,) by Beatrix his wife, had a son Thomas, living the 17 Edw. III., who by Margareta his wife, left a daughter and heir, who married John de Stockton, (45 Edw. III.) from whom came Avicia, wife of William de Leek, or Leek. This might be the aforesaid Thomas, summoned the 16 Edw. III.; and his not being again summoned might arise from his decease, the 17 Edw. III. There was a Dominus Robertus de Kirketon summoned generally among the barons and others equis et armis to Newcastle-upon-Tyne, the 24 Edw. I.;t and there was a Roger de Kirketon, a Justice of the Common Pleas, the 40 Ed\^. III. J KNOVILL.— (23 Edw. I.) BoGO DE Knovill had summons to parliament from the 23 to the 34 Edw. I. In the parliament at Lincoln the 29 Edw. I., he was one of those barons who subscribed the letter to the pope, asserting the supremacy of England over the realm of Scotland, when his name was written, "Bogo de Knovill, Dominus de Albomonasterio." In the 26 Edw. I. he had smnmons to be at Carlisle, equis et armis ; and it is to be remarked, that in this writ, all summoned were denominated by their respective ranks of earls, and barons, in which last character he is included. He died, as it is said, the same year as his last writ of summons ; and not having his name mentioned in the writ of the 35 Edw. I. it leaves it to be inferred that he was not summoned from the 23 Edw. I. to the 1 Edw. II., as § Synopsis, v. Stated by Sir Harris Nicolas ;§ but that the said writ of 1 Edw. II. was to his son Bogo, i., p. 357. ' ^|^i(.|^ Bogo, the second of his name, so summoned to parliament the 1 Edw. II.,was also II Coron. Rot. summoned the same vear to attend the coronation of that monarch, II but he was not I pj_- TT * ever after summoned to parliament. In the 15 Edw. II. he was concerned in the insur- rection of the earl of Lancaster, and was taken prisoner with divers others of the nobility at Boroughbridge ; but further of him, not any mention is made by Dugdale, or of his descendants, in whom, if not forfeited in the person of this Bogo, the barony may pro- H Esch. No. bably still remain vested. He, if it be the same Bogo, died the 12 Edw. III.,*[[ leaving Edw III John his son and heir, aged twenty-three ; but neither he nor any of his descendants ever after had summons. baRonia anglica concentrata. 273 KNYVET.— (5 James I.) Thomas Knyvet, a younger son of Sir Henry Knyvet by Anne his wife, daughter and heir of Sir Christopher Pickering, to whom, by an heir female of Lascelles, the manor of Escrick, in the county of York, had devolved, was summoned to parliament from the 7 to the 19 James I. as Thoma Knyvet Chiv'. The Journals of the House of Lords thus making mention of him, viz : " Tliomas lord Knyvet, of Escrick, was introduced, being called by writ 4th July, 1 6O7." Dying without issue his barony became extinct ; but the manor of Escrick descended to Elizabeth his niece, daughter and coheir of Sir Henry Knyvet, of Charlton, which Elizabeth married Thomas Howard, earl of Suffolk, whose son Sir Edward Howard was created baron Howard, of Escrick, 4 Car. I., which title is now extinct. KYME.— (23 Edw. I.) Philip de Kyme, descended from William de Kyme, so named from a lordship in Kesteven, in the county of Lincoln, temp, king Stephen, had summons to parliament from the 23 Edw. I. to the 7 Edw. IL In the 26 Edw. I. being summoned, equis et ar- mis, he is in the writ denominated a baron. In the 29 Edw. I. he was one in the parlia- ment at Lincoln who subscribed the famous letter to the pope, being then designated, Philippus Dominus de Kyme. In the 35 Edw. I., he is mentioned in the writ as excused by the king his attendance. In the 1 Edw. II., he had summons to that king's corona- tion. He died circ. 16 Edw. II., leaving by his wife, daughter of Hugh Bigot, a daugh- ter Lucy de Kyme, and a son William, which William de Kyme had summons to parliament from the 17 Edw. II. to the 9 Edw. ILL, and died the 12th of the same reign s.p.; whereby his sister Lucy, or Lucia, became his heir who married Gilbert de Umfravill, styled earl of Angus, to whom she was first * vide Um- wife, as under that title is further stated.* fraviU. Simon de Kyme, Abavus Philippi. Philippus fir Simon, Avus Philippo. I Simon de Kyme. I I I Simon, s.p. William, s.p. Philip. — (Quo. Warr. 9 Edw. I., Line. 22, 23.J LANCASTER.— (25 Edw. I.) Roger de Lancaster, bastard brother to WilUam de Lancaster, the last baron of Ken- dal, married Philippa one of the four daughters and coheirs of Hugh de Bolebec, a great feudal baron in the county of Northumberland; and dying circ. 19 Edw. I.,t left issue ebt.^^""' ^' VOL. I. Li -74 BARONIA ANGLICA CONCENTRATA. John de Lancaster his son and heir, and also two other sons, William and Christopher. This John had summons to parliament from the 25 Edw. I. to the 3 Edvv. II. In the 29 Edw. T., at the parliament at Lincoln, being then designated " Johannes de Lancastre Bominus de Grisdale," he was one of those who affixed their seals to the letter from the barons to the pope. Dying s.p. his barony became extinct. LANCASTER.— (27 Edw. I.) Henry Plantagenet, brother to Thomas, earl of Lancaster, son of Edmund, earl of Lancaster, second son of king Hen. III., was summoned to parliament the 27 Edw. I., as "Henrico de Lancastre nepoti Regis-" and as '' Henrico de Lancastre" from that year to 17 Edw. II. But having been restored to the earldom of Lancaster, which had been forfeited by the attainder and decapitation of his elder brother, earl Thomas, in 1321, he thence bore the title of earl till his death, in 1345. Henry his son and heir had summons to parliament vi. pat., the 9 Edw. Ill, (1335.) In 1337 he was created earl of Derby ; and in 1345 succeeded his father in the earl- dom of Lancaster, and in 1354 was created duke of Lancaster ; but dying in 1361, without issue male the barony fell (as it is termed) into abeyance between his two daughters, where- of, Maud was twice married ; but deceased s. p. ; and Blanch married John of Ghent, afterwards duke of Lancaster, whose son and heir Henry eventually ascending the throne, by the title of king Hen. IV., the barony with all the other honours merged in the crown, LANSLADRON.— (28 Edw. I.) Serlo de Lansladron, of whom Camden observes that he was summoned to parlia- ment ivhen the wise and good were, and their posteritij omitted if incapable, or deficient in knowledge, had summons to parliament the 28, 30, 32, 33,' and 34 Edw. I. He had issue Henry, and a daughter Miranda, who married John, the son of Robert de Govely, lord of Govely, in the county of Cornwall. Henry, son of Serlo de Lansladron, was never summoned to parliament. He had a son Sir Odo Lansladron, who never had summons, nor William the son of Sir Odo ; which Wilham dying s. p., the posterity of Miranda, his great aunt, became his heirs. She had issue Rose de Govely her daughter and heir, who married Sir Otes de Trerise, lord of Trerice, near Columb-major, in com. Cornub., (living 17 Edw. II.,) and had a son Michael de Trerise, (living 15 Edw. HI.,) who, by Alice de Flamock, his wife, had an only daughter and heir Joane, who married, first. Sir Ralph Arundel, of Kenvel- helves ; and secondly Sir John Arundel, of Lanherne, knight. But, by her first hus- band. Sir Ralph Arundel, she had a son Nicholas Arundel, of Trerice, and Govely, in her DARONIA ANGLICA CONCENTRATA. 375 right; from which Nicholas descended the barons Arundel of Trerise, a title now consid- ered extinct: but this family of Arundel seems, as the heir general of Lansladron, to have inherited its estates ; and if any barony of Lansladron was created under the writs of summons to Serlo de Lansladron, the right thereto would be vested in the heir general representative of, and descended from. Sir Ralph Arundel. The pedigrees of the Arundels of Wardour and Trerise are very differently given by Edmondson and Collins, with great contrariety to each other. LASCELLES.— (22 Edw. L) Of this very ancient family in the county of York, the first person summoned to parlia- ment was Roger de Lascelles, the 22, 23, and 24 Edw. L, but never after, nor any of his family, which, in the male line was long continued ; but that from Richard his brother terminated in coheirs ; whereof, Margaret, one of them, married James Pickering, of Winderwash, in the county of Westmorland ; from whose heiress the manor of Escrick was carried by marriage into the family of KnjTet ; of which, Sir Thomas Knyvet was summoned to parliament, and took his seat as baron Knyvet, of Escrick, 7 Jac. L, as herein before mentioned.* * VideKnyTtt The said Roger de Lascelles died shortly after his last writ of summons. He mar- ried Isabel, daughter and heir of Thomas Fitz Thomas, who survived him ; and died 23 May, 1326, (16 Edw. IL) By her he had issue four daughters his coheirs ; whereof Matilda married first Robert de Hilton, of Swine, in Holdemesse, and had a son Robert de Hilton, called son of Matilda, in the Mauley pedigree, who married Con- stance, daughter of Peter de Mauley, by Constance his second wife. The said Matilda married secondly Sir Robert Tilliol, 28 Edw. Lf t Ex. MS. Geneal. in CoU. Theophania, 30 Edw. I., wife of Ralph Fitz Randolph. Arm. Johanna, 30 Edw. 1, first wife of Tliomas de Culwen. Avicia, marriage covenant dated 10 Edw. L, vixit 30 Edw. L, married Sir Robert le Constable, of Halsham, and had a son John de Constable of Halsham. LATIMER.— (28 Edw. I.) William le Latimer' had summons to parliament from the 28 to the 33 Edw. I., as Williain le Latimer, senior. In the 29 Edw. I. he was one of those who in the parlia- • The origin of the name is attributed to Wrenoc, the son of Meuric, who held certain lands by the service of being Le Latimer, or Interpreter between the English and the Welch. 1 Edw. II. 27ff BARONIA ANGLICA CONCENTRATA. merit at Lincoln subscribed the letter to the pope, being then designated " WilUelmus le Latimer Domimis de Corby." He died the same year as his last writ of summons, being * VideBanks's then jointly seised with Alice his wife, one of the daughters and coheirs of Walter Ledet,* Bar^vol. i. ^ ' of the One half of the barony of Waldon, in the county of Northanjpton, as also of the moiety of the town, and whole hundred of Corby, in the said county, of her inheritance. To him succeeded William le Latimer, then his son and heir, (John the eldest having died vita patris, s.p.) ; which William had summons in the lifetime of his father, and one year before his death, viz. 27 Edw. I., and from thence to the 33 Edw. L, as William Latimer, junior ; but after his father's death, to the 20 Edw. II., as William Latimer only. The 1 Edw. t Coron. Rot. II. he was one of the barons summoned to the king's coronation. t He was twice mar- ried, first to Lucie de Thwenge, from whom he was divorced ; and secondly to Sibill, widow of William de Huntingfield ; and died 1 Edw. III., leaving William his son and heir then twenty-six years of age ; which William le Latimer, the third of his name, doing his homage, had livery of the manor of Danby, and all other, the lands of his inheritance, and had summons to parlia- ment from the 1 to the 9 Edw. Ill ; when, dying the same year, he left by Elizabeth his wife, daughter of the lord Botetourt, William his son and heir, then only six years old, and the said Elizabeth surviving. William, the fourth of his name, and fourth baron Latimer, had summons to par- liament from the 42 Edw. III., to the 3 Ric. II., inclusive, and died the year next en- suing (1380) without issue male, but leaving by EUzabeth his wife, daughter of Edmond, earl of Arundel, an only daughter and heir Elizabeth ; which Elizabeth Latimer became the second wife of John lord Nevill of Raby, father of Ralph Nevill, the first earl of Westmorland, of his family, and by the said John lord Nevill had issue a son John, and two daughters, Elizabeth and Margaret, which latter died unmarried, and the former became eventually sole heiress to her brother, and to the barony of Latimer created by writ in the persons of William, the first and second barons, the 28 and 27 Edw. I. JOHN NEVILL LORD LATIMER.— (5 Hen. IV.) John Nevill, son and heir of Elizabeth Latimer, by John lord Nevill, of Raby, had summons to parliament from the 5 Hen. \N. to the 9 Hen. VI., inclusive, by writ di- rected " Johanni le Latimer" and died the same year, leaving Elizabeth and Margaret his sisters, (before mentioned,) his coheirs. Of these, Elizabeth, by the death of Mar- garet, unmarried, became the sole heiress of her mother's barony, and married Sir Tho- mas WiUoughby, knight, whose descendant Robert lord Willoughby de Broke, her great BARONIA ANGLICA CONCENTRATA. 277 gi-andson, claimed * by virtue of this descent, the barony against Richard Nev-ill, grand- p^j'^'p^"^^^' son of George Nevill, who had been summoned to parliament (as hereafter noticed) as baron Latimer, by writ, 10 Hen. VI., the said George Nevill, being son of Ralph Nevill, earl of Westmorland, son of John lord Nevill, by his first wife, Maud, daughter of Henry lord Percy, and not by his second wife Elizabeth Latimer; so that the said George had not a particle of the Latimer baronial blood in him. The lord Broke, however, failed in his claim, it being urged against it, that divers lordships and lands, whereof the said John Nevill, lord Latimer, was seised, being, for want of issue male of his body, entailed upon Ralph NeviU, earl of Westmorland, his elder brother, of the half blood, the said Ralph settled them by feofment upon George Nevill, one of his sons, by Joane his second wife, an illegitimate daughter of John of Ghent, duke of Lancaster, who thereupon had been summoned to parliament as lord Latimer : but, it is here rather a singular circumstance, that the said George Latimer did not come into possession of these lands till after his writ of summons. The determination against the lord Willoughby de Broke thus purports that the barony followed the possession of the lands ; yet, upon the present doctrine, respecting the descent of l>aronies by writ, it must be evident the ancient barony of Latimer is legally vested in the now lord Willoughby de Broke, as the heir general thereto. GEORGE NEVILL LORD LATIMER.— (10 Hen. VI.) George Nevill having in manner aforesaid acquired the lands of Latimer, had sum- mons to parliament by writ addressed " Georgia Latimer Ckiv',f the 10 Hen. VI., and f Dugd. Lists from thence to the 9 Edw. IV. ; whereby a new barony of Latimer was created in him. ofSumm. He married EUzabeth third daughter and coheir of Richard Beauchamp earl of Warwick, and coheir to her mother Elizabeth, daughter and heir of Thomas lord Berkeley, whereby his issue by her became coheirs to that barony. Sir Henry NevUl, his eldest son, having died before him, he was succeeded upon his death, in 1469, (9 Edw. IV.,) by his grand- son Richard, who was then in minority, about two years old ; which Richard Nevill, second lord Latimer of the new creation, after his coming of age, had summons to parliament the 7, H, and 12 Hen. VII., and the 1, 3, 6, 7, 14, and 21 Hen. VIII. It was this Richard who liad the contest with the lord Willoughby de Broke, touching the barony of Latimer, on which occasion CoUins says,I "The lord + Parl.Preced, Willoughby was informed by an herald, that Sir George Nevill, grandfather to Richard, P' 211. & seci. was created lord Latimer by a new title, and that the lord Broke had made a wrong claim, who ought to have claimed his style from William lord Latimer, temp. Edw. I. — On this the lord Broke perceiving his error, and having a title of his own, was contented to conclude a match between their children ; and Richard suffered a recovery on certain 278 BARONIA ANGLICA CONCENTRATA. * Sic. in Moa. Insc. at Stow. manors, and lordships, demanded by the lord Broke, with which adjustment both parties were satisfied."'' After this he died, the 22 Hen. VIII., having had by Anne his wife, daughter of Humphrey Stafford, of Grafton, a numerous issue, whereof John Nevill, his eldest son, was his successor, and the third baron. He had sum- mons to parliament the 25, 28, 31, and 33 Hen. VIII., and the next year departed this life, leaving by Dorothy his first wife,*" one of the daughters and coheirs of John Vere, earl of Oxford, John his son and heir, which John Nevill, fourth lord Latimer, was the last of his family. He had summons to parliament from the 35 Hen. VIII. to the 23 queen Elizabeth, about which time he de- ceased, having had issue by Lucy his wife, daughter of Henry, earl of Worcester, four daughters his coheirs, whereof Catherine married Henry Percy, earl of Northumberland ; Dorothy was wife of Thomas, eldest son of William Cecil, the famous lord Burleigh; Lucy married Sir William Cornwallis ; and Elizabeth married, first, Sir John Dan- vers, by whom she had three sons, and seven daughters, and secondly. Sir Edmund Carey, but by him had not any issue. Of the sons of Elizabeth, who married Sir John Danvers, Sir Charles was attainted the 43 queen Elizabeth ; Sir Henry was afterwards created earl of Danby, and died anno 1643, s.p. ; and Sir John Danvers, the other son, was one of the judges upon king Charles I., from whom descended Lewis ViUiers, esq. : as such, while any issue remains from this Sir John Danvers, there cannot be any interest in the barony of Latimer vested in the duke of Leeds, as descended from Eleanor,* one of the sisters of the said Sir John. The heir general of Lucy, who married Sir William Cornwallis, is the lord RoUo, of Duncrub, a peer of Scotland. The Duke of Northumberland is not lord Latimer, as frequently erroneously stated, but only a coheir through Catherine, who married Henry, earl of Northumberland. Sir John CO. Wilts, I 1. Sir Charles, behead- ed 1601, s. p. Danvers, of Dauntsey.-pElizabeth, daughter aad coheir of John=2. Sir Edmund Gary, 3rd son of Henry knight, ob. 1594. J Nevill Lord Latimer. Lord Hunsdon, s. p. Charles, died in child- hood. 2. Henry, Earl of Danby, ob. 1644, 3. Sir John," of Chelsea, ob. 1654-5. No issue by bis 1st wife.* ^Elizabeth, grand- daughter and heir of Sir John Daunt- sey of Lavington, CO. Wilts. 2 wife. 1. An- ne, m. Sir Ar- thur Porter. 2. Lucy, mar. Sir Henry anor Baynton. 3. =^ho- Ele- mas Walms- ley. 1 Henry, di- ed in early manliood, s. p. _l_ Mary, died in cluld- hood. Elizabeth,=f=Robert VilUers, second Vi- eventually heir, obiit 1709. count Purbeck, took the name of Danvers, jure ux- or., ob. 1675. ^a- 1 1 1 1 4. Marie, died young. 5. Elizabeth, married Sir Edward Hoby. 6. Catherine, mar. Sir Richard Gargrave. 7. Dorothy, mar. Sir Peter Osborne. Anne.= =Sir Edward Osborne. • He had a third wife, Grace Hewes, and had a son John, supposed to have died young * This compromise by no means extinguishes the right of the lord Willoughby de Broke to the old barony of Latimer. '' His second wife was Catherine, the daughter of Sir Thomas Parr, of Kendal, knt., by whom he had not any issue; and she became afterwards the last wife of Hen. VIIL BARONIA ANGLICA CONCENTRATA. 279 I Robert, - claimed to be 3rd Vieount Purbeck, ob. 1684. -Margaret, d. & h. of Ulickde Burgh, second earl of St. Albans, widow of Charles Lord Muskerry. Edward ~ Viliiers, captain in the army,ob 1691. 1 1 ^ — J- ■Joan, dau. Frances, m. Sir Ric. Ders- of William ham, bart. Heming, Elizabeth, m Maurice, Esq., of of Penabout, CO. Denbigh. Worces- mar Crowder, ter. of Knighton, Esq. Mary, m. 1st, Evan Davies of Landeny ; 2nd, Thomas Vaug- han of Regwildy ; 3rd, SirW. Wogan, knt., sergeant at Law. Thos., 1st Duke of Leeds, Vi- eount La- timer, &c. John Villiersclaimedto beEarlof Buckinghamafter-pFrances, wid. of . . . . the death of George, the last duke, s.p.ra, ob. 1723. I Heneage, of co. Line. Rev. Geo. Viliiers, vicar of=f:Catherine Cha!groveco.Oxon,ob.l748 I Two daughters, who died unmar- ried. George Viliiers, M.A, ob. 1774, s. p. Edwd, Vil- iiers, obiit coelebs. Catherine -pRev. John Lewis, M. A., Viliiers ob. 1756. Dean of Ossory, in Ire- land, ob. 1783. I Viliiers William Lewis, ofq Bath, took the name of ViUiers, ob. 1829. ^Matilda, dau. of John nth lord St. John, of Bletshoe, ob. 1820. Elizabeth Cathe-^William Surtees rine, eldest daugh- | of Hedley, co. ter, ob. 1833. xj^Dur., ob. 1832. Mary Viliiers died unmar- ried. 1 Cassandra, youngest daughter. George William Viliiers, an Officer in the Royal-pEleanor, dau. of Sir Horse Guards, blue, ob, 1841. ^^James Nasniith, bart. Matilda Louisa Barbara, died unmarried, 1808. LATIMER OF BRAYBROKE.— (28 Edw. I.) John Latimeu, brother of William, who married Alice one of the two daughters and coheirs of Walter Ledet,* a great baron in Northamptonshire,^ married Christian the other daughter and coheir, and died the 11 Edw. I., leaving Thomas Latimer, his son and heir, who the 26 Edw. L had summons to Carlisle, equis et arnm, and in that writ was designated a baron ; the great men then summoned being specially mentioned by their degrees of rank, viz : Comites et Barones, in which latter his name was included ;t afterwards he had summons to parliament from the 28 to the 34 Edw. L, and in the 1, 2, and 4 Edw. IL, to whose coronation, in the character of a baron, he was also summoned. f In the 29 Edw. I., though summoned to the par- liament at Lincoln, he was one of those who did not sign the famous letter then written to the pope.§ He died circ 8 Edw. II., being then seised among other manors and lands, of Wardon, and Braybroke, in the county of Northampton, leaving Warine Latimer, his son and heir, who never had summons to parliament. He married Catherine sister of John, father of Roger lord De la Warre, who died the 44 Edw. III. ; II and according to Vincent's pedigree of the De la Warre family,1[ had by • Henry Braibroc, or Braybroke married Christian, daughter and heir of Wischard Ledet, and by her had two sons, viz., Wischard and John, whereof, the former took his mother's name, and was father of the above mentioned Walter Ledet ; John, the younger son, retained his paternal name of Braibroc ; from whom descended Sir Reginald Braibroc, who married Joane de la Pole, and had Joane his daughter and heir, wife of Thomas Broke, in her right lord Cobham. * VideBanks'a Dorm. & Ext. Baron, vol. i. t Dugd. Lists of Summ. X Coron Rot. 1. Edw. IL § Dug. Lists of Sum. II Vide de la Warre. H Ibid. 280 BAEONIA ANGLICA CONCENTRATA. her four sons, John, Warine, Thomas, and Edward, none of whom were ever summoned to parliament, and all died s.p.; whereby Elizabeth, their sister, became eventually their heir, and married Thomas Grifhn. Thomas Latimer, summoned to parliament 28 Edw. I., ob. circ. 8 Edw. 11.^ I ' Wariiie Latimer, ob. circ. 23 Edw. IIL pCatherine De laWarre, sister of John, Etch., No. 43, pars. 2. | father of Roger lord De la Warre. I 1 1 1 1 John, s.p. Warine, s.p. Thomas, s.p. Edward, s.p. Elizabeth Latimer, sister & heir.^^Thomas Griffin. r -J Richard Griffin. =^Anne, daughter of Richard Chambeilain. I ' John Griffin, ob. s.p., 22 Hen VL* Nicholas Griffin.-pMargaret, daughter of .Sir John Pilkington. r ■ ^ ' John, s.p. Nicholas, ob. 22 Edw. IV. -pCatherine, daughter of Ralph Curzon. I John Griffin.=pEmmote, daughter of Sir Richard Whethill, ob. 13 Hen. VIIL s Sir Nicholas Griffin.=^Anne, daughter of John Thornburge. , I I Sir Thomas^pJaue, daughter of Edward Griffin, Attorney-General, a quo lord Griffin, title extinct, Griffin. I Richard Newton. a quo Sir John Griffin, after lord Howard de Walden. I Richard Griffin, ob. vi. pat.=T=Elizabeth, daughter and heir of Sir Thomas Brudenell, of Deane. ' '• Mary Griffin, daughter and heir. ^^Thomas Markham, of AUerton, in the county of Nottingham. L ., ^ Sir Griffin Markham, f m. Anne, d. of Peter RoosdeLaxton, Arm. George Markham, of AUerton. -i Other issue. I Issue. * Qui:ery. — This Joho, elder brother to Richard, and not son, to accord with the claim noticed in the De la Warre barony. Qu»ry also, whether Elizabeth Latimer should not be Catherine for the same purpose, but Vincent names her Eliznheth. t He was kniglited at Rouen, but afterwards banished. — (I'ide Thoroton's ,\'ottingIia)ti by Throsby, vol. Hi., p. 348.^ LEIBURNE.— (27 Edw. I.) William de Leiburne, or Leyburn, had summons to parhament from the 27 Edw. I. to the 4 Edw. II., to whose coronation he had also summons to attend.* He was one of * Coron. Rot. the barons in the parliament at Lincoln, 29 Edw. I., who then subscribed with their seals the famous letter from the nobles of England to the pope, his name being then written " Willielmvs Dominus de Leyburne." He died circ. temp, of his last writ of summons, leaving Julian, daughter of his son Thomas,t who deceased in his life time, t VideOrig.6 his next heir; which Julian married John de Hastings, and had issue Laurence Hast- 2 Kane' " i"gs, first earl of Pembroke of his name, whose grandson, John, the third Hastings, earl of Pembroke, died s.p., whereby there was a failure of issue from this her first husband ; as there also was from her second husband, Thomas le Blount ; and her third, William de Clinton, earl of Huntingdon. The said Julian Leyburne married, secondly, William de Clinton, earl of Hunting- t MiUes' Cat. don, who died s.p. By some authorities J she is stated to have married Sir Thomas *""■ Blount, steward of the household to king Edw. \\., before Clinton, who was her third BARONIA ANGLICA CONCENTRATA. 281 husband ; but not leaving any issue continuing through her, the barony of Leiburne became extinct. JOHN DE LEIBURNE.— (11 Edw. III.) John de Leiburne had summons to parliament from the 11 to the 22 Edw. III., about which time he died, s.p., and his barony became extinct. Who he was, or whether related to, or of the same family as WiUiam before mentioned, is not stated, Dugdale merely mentioning that his mother was Lucia, sister and next heir to John le Strange, of Cheswardine, in Shropshire. Among the Cottonian MSS.* there is much mention of this family ; but differing in * Otho E. ii, various respects from other accounts given in several local topographical histories. In the Collectanea Topoyraphica et Genealogical it is stated that Simon Leybourne, who died t Vol.8.p.l78 2 Edw. II., j had issue Sir John Leybourne, who held jointly with his father the manor of + Esch.no.24. Berewick, in the county of Salop; and had two sisters, Katherine and Maud; which Katherine, sister and heir of John, married Lucy, summoned to parliament 25 Edw. I. But, as whatever barony this John de Leybourne might have by virtue of his writs of summons, terminated with his death, s. p., any attempt to reconcile discordant state- ments is not necessary. Sir Harris Nicolas, in his Synopsis, has not thought it requisite to take up the subject. LISLE, OF THE ISLE OF WIGHT.— (22 Edw. I.) Of this name, according to Dugdale, there were several families, one taking that denom- ination from the Isle of Ely, (as it is beUeved,) and the other from the Isle of Wight ; of which last mentioned, after several descents, was'' John de Insula, or L'Isle, governor of the castle of Carisbrooke, in the Isle of Wight, temp. Edw. I. The 22 Edw. I., he had summons to parliament; and the 26 was summoned to Carlisle equis et armis ; on which occasion his name is mentioned in the writ as a baron, those summoned being distinguished by their ranks, viz., Comites et Barones. The 28 Edw. I. he was summoned to the parliament to meet in London ; and by another summons to the parliament to meet at Lincoln ; in which he was one of the barons who affixed their seals to the letter written to the pope, being designated " Johannes de Lisle Dominus de Wodeton." His name appears again in the writs of summons of the 30 and 32 Edw. I.; in which last year he died, leaving John his son and heir,'' and another son, Walter de Insula ; which ^ It seems probable this family was derived from Baldwin de Redvers, Earl of Devon, and Lord of the Isle of Wight, for in a MS. pedigree in the College of Arms it is stated that " Geffery de Insula, son of Jordan de Insula, lemp. Hen. I. and Stephen, dedit terras in puram etemosin' p' a'ia Com' Baldwin Devonsciorre." b Had livery of his lands as John son and heir of John, son of WiUiam de Insula. — (Orig. 32 Edxo. I, Rot. 10. Suth'.) VOL. I. Mm 282 BARONIA ANGLICA CONCENTRATA. John de Insula had summons to pariiament the 33, 34, and 35 Edw. I. ; and in the writs of the 1, 2, 4, and 5 Edw. II. as " Johanni de Insula Vecta ; " and in the said writ of the 5 Edw. II., the earls and barons being distinguished by their ranks of Coniites et Barones, his name is written inter Barones. In the 8 Edw. II. he is again mentioned as summoned to parliament as Johanni de himila, but not Insula Vecta, as in the preceding writs ; which leaves it to be doubted whether this last writ applied to him, or to a John * Chron.Jurid de Insula, a baron of the Exchequer,* who had theretofore been summoned among the king's justices and council from the 23 Edw. I. to this same year, the 8 Edw. 'JI., in which the justices and king's counsel are intermixed in the same writ with the earls and barons. Howbeit, he never had writ of summons after this period, and died s.p., leaving Walter his brother and heir. How far the right of barony devolved upon Walter, or became extinct upon the death of the last John, must depend upon whether the writs of summons from the 28 to the 32 Edw. I. applied to himself, or to his father; if to the latter, then Walter was heir thereto : but in the MS. pedigree in Coll. Arm., all the writs from the 28 Edw. I. are attributed to the son ; yet as the father was living till the 32 Edw. I., and the name is written John de hisida, without distinction of senior or junior, they bear rather to be- long truly to him, as the first baron ; and the wi-its from the 32, to John his son, as the second baron. John de Insula, baron ob. 32 Edw. I.^ John de Insula, D'ns de Wodeton, Walter de Insula, D'ns de Wodeton,-pMargareta , ob. 31 Edw. III. s.p.* brother and heir. J Walter, D'ns de Wodeton .-pFlorenoe . Bartholomew de Insula, D'ns de=Elizabeth William de Insula, D'ns de-p. Wodeton, s.p. Wodeton, frat. et huer. I_ _ William de Insula de Wodeton, anno 43 Edw. III.-p. r ' J Sir John de Insula, or Lisle, knt., D'ns de Wodeton.=pMargaret, daughter of John Bremshot.of Bremshot, co. Hants. George Lisle, whose Sir John Lisle, vel de Insula, =pAime, daughter and heir of John issue long continued. lint., D'ns de Wodeton. I Botreux, esq., brother of Lord Botreux. I 1 • 1 Sir Nicholas Lisle, of ^pEIizabeth, daughter Alice, uxor Agnes, uxor John Philipot, Wodeton, knt. of Rogers. Rogers. of Compton. I 1 Sir John Lisle, of =Joan, daughter of John Courteney, Eleanor-j-John Kingestou, of Kingeston, Wodeton, knt. s.p., Earl of Devon. Lisle. county of Berks. I \ ' I \ 7"' Mary, sister and heir, also heir general of the Lisles of Wodeton, mar- John Kingeston, Nicholas Kingeston, ried Sir Thomas Lisle, presumed descended from George Lisle, brother son and heir, brother and heir, 22 to Sir John, who married Anne Botreaux, ob. s.p., 20 Hen. Vlll.f ob. s.p. Hen. VIII., ob. s.p. • This pedigree, taken from a MS. in CoU. Arm., and sent to the Editor by the late Sir William Woods, appears not to be much to be relied upon. If this John, summoned as said from the 28 Edw. I., did not die till the 31 Edw. III., he must have been an aged man. t If this Marj- died the 20 Hen. Fill., she could not be heir to Nicholas her brother, who died the 22 Hen. FIJI., for he was heir to her. There is some error in the dates. BARONIA ANGLICA CONCENTRATA. 283 LISLE OF RUGEMONT.— (5 Edw. II.) Robert de Lisle," of Rugemont, in the county of Bedford, had summons to parliament the 5 Edw. II., by the designation of Robert de Insula, and in the writ he is named among those styled barones, the earls and barons being then specially mentioned by their degrees of rank, viz : Comites et Barones.* From this period to the 16 Edw. III., his * Dug. Lists name appears in a regular series of summonses ; but it seems that before his death he entered into the habit of religion.*" He settled certain manors in the county of Cam- bridge upon Alice, the daughter of Robert de Lisle, Ehzabeth Peverell, and Richard Bayeaux, for life, with remainder to John, the son of Robert de Lisle and his heirs ; after when he died, the 16 Edw. III., leavingt t Dug. Bar., John de Lisle his son and heir, twenty-four years of age at the time of taking the ^° ' ''' ^' inquisition :% which John became highly distinguished for his valour and military + Esch. 16 achievements in the warlike reign of Edw. III., and by that king was made one of the ^q''' "' °' Knight's Companions of the order of the Garter on its first foundation. Dugdale ob- serves§ that it is said by some, that after the battle of Crescy, the king created two § Bar., vol, i., barons, viz : Alan Zouche and John L'Isle. But if the writs of summons of his father, for upwards of thirty years in regular succession, can be deemed to have conferred an inheritable barony by writ, then the said John was a baron without this alleged creation, for which no record of patent or charter is cited ; all that can be assumed from it seems to be that it was a confirmation of his previous rights, for afterwards he had sum- mons to parliament from the 24 to the 28 Edw. III.,'' and died circ. 29 or 30 Edw. III., leaving Robert de Lisle his son and heir, who had summons in the 31 and 34 Edw. III., but not afterwards, by reason whereof Dugdale says he need not pursue the account of them any further ; yet, if the family acquired any barony by the writs of summons to Robert, temp. Edw. II. and III., or from the alleged creation of John by Edw. III., it must be presumed an inheritable dignity was vested in his posterity which still remained, as the following pedigrees wiU show. » This is the family which is supposed to have taken its name from the isle of Ely, and which held very con- siderable lands in Cambridgeshire, where the male line long continued. b The Register recites, viz : Robert lord Lisle, who became a Fryar, died 4th January, 1343, and was buried in the Grey Friars, London, having entered into the holy brotherhood after the death of his wife. In the same Register is entered among the burials, Dn's Robert de LylefiUi et hared' p'faii D'ni; which rather indicates that Robert, the Fryar, had a son Robert who died in his lifetime, leaving a son John successor to his grandfather ; and this seems to be inferrable from the settlement above alluded to, wherein Robert, the Fryar, limits the remainder in his Cambridgeshire manors to John, son of Robert de Lisle. c His name appears only in the writs of the 24, 25, 26, and 28 Edw. III., as John de Insula de Rubeo Monte. It is again similarly mentioned in the writ of the 31 Edw. III., but that is considered an error for Robert. In Dug- dale's Index to his Lists of Summons, the name of this John is totally omitted. 284 BARONIA ANGLICA CONCENTRATA. LISLE. — DoDSwoRTH, Vol. v., p. 21. Alicia de Courcy.^Waiine Fitz-Gerald. I ' Henry Fitz-Gerald.^ I ' Alicia Fitz-Gerald. — Fines 12 Edw. //.^Robert de Insula. Robert de Insula. ^Albreda I ' Warine de Insula, ob. 3 Edw. II. ^ I ' Robert de Insula, of age the 3 Edw. II., vivens 10 Edw. III.=p I 1 ' Robert de Insula, ob. 14 Edw. III. John de Insula, ob. 29 Edw. III.=pMatilda r , 1 Robert de Insula. — Esch. 38 Edw. III., No. 19. Elizabeth married William de Aldeburgb. LISLE OF RUGEMONT.— B. B. in Coll. Arm. 553. Robert de Lisle of Rugemont, in the county of Bedford. =pRose, sister to John de Wahul. Robert of Rugemont, Rampton, Wilburham,=pAlice, dau. of Robert or Henry, the second Cottenham, &c., &c. son of Warine Fitz-Gerald. Warine of Rugemont. -pAlice, daughter and heir of Fulke de Breant. Warine of Kingston-pAlice, sister and heir to Robert* of Rugemont, Camelton, Hare — [-Margaret, dau. of Lisle, CO. Berks. | Henry Tyes, of Chilton. wood, Wilburham, &c., 7 Edw. II. | Peverel. r-— — --^ , ^ Gerard. -pElizabeth dau. of John le other John of Rugemont, Harewood,-pMatilda, dau. I Strange of Blackmere. sons. &c., K. G., 28 Edw. III. | of r ■ ' n Warine, son^f^Margaret, daughter and heir of Thomas Robert of Rugemont, and=^. . . . William of Ca- of Gerard. I Pipard, (Dugdale says William Pipard.) Harewood, 32 Edw. III. I .. .. melton, s.p.f r L -, r -^ 1 Gerard, ob. vi. pat. covenanted by Margaret, mar. first, William of Wil- Elizabeth, mar. Wm. De his father to be married to Amie Berkeley; secondly, HubertJ burham, ob. 1 Aldeburgb, of Harewood, dau. of Sir Michael De la Pole. St. Quintin. Hen. VI. (by gift of Robert Lisle.) * Robert de Lisle claims Free Warren by charter of king- Henry, proavus Edw. III., who gave to Warren Fitz-Gerald, ancestor of the said Robert de Lisle, from which Warren it descended to Heni-y, as son and heir ; and from the said Henry to Warren, as his sou and heir ; and from the said Warren to Robert, his son and heir ; and from the said Robert cuidam Alicire ut jil, et hcBres ; and from the said Alicia cuidam Warren utfil. et heeres ; and from the said Warren to Robert, who now claims as son and heir. Placit de quo warranto temp. Edw. IIL, pro maneiio de Camelton, Bedf. + I'ide Rot. Pari., Vol. in., p. 310. — Tlie petition of John Wyndesor, respecting the raanorsof Rampton, Cottenham, and Westwyk ; William, brother of Robert de Lisle, and William, son of the said Robert. The pedigrees of this family are very discordant to each other, as may be seen in Cliauncy, Blomefield, and other county historians, as well as in the College of Arms. X This is certainly wrong as she died vita Lord Berkeley. LISLE OF KINGSTON LISLE.— (31 Edw, III.) Gerard de Lisle, son and heir of Warine de Lisle, by Alice, sister and heir of Henry Tyes, (which Warine was hung at York for being concerned in the insurrection of the earl of Lancaster, temp. Edw. II.) had summons to parUament the 31 Edw. III., as Gerard de Insula, but without any additament of Kingston Lisle, and he died without UARONIA ANGLICA CONCENTRATA. 285 being ever again summoned to parliament, though he lived several years after. He mar- ried Elizabeth, the widow of Edmund de St. John,* by which lady he left^ *J'^S- Bar, Warine de Lisle his son and heir, who had summons to parliament from the 43 Edw. III. to the 5 Ric. II., as Warine de Insula, but also without any additament of Kings- ton Lisle. He died, according to Dugdale,t 28 June, the 6 Ric. II., leaving by Marga- t Ibid, ret his wife, daughter of WiUiam Pipard,J Margaret his daughter and heir, then the + Ibid, wife of Thomas lord Berkely, twenty-two years of age, Gerard his son having pre- deceased him s.p. Margaret de Lisle, by Thomas lord Berkeley, had a daughter and heiress Elizabeth, who became the wife of Richard Beauchamp, earl of Warwick, by whom she had three daughters and coheirs, of which, Margaret was second wife of John Talbot, first earl of Shrewsbury; Eleanor married, first, Thomas lord Roos, and secondly, Edmund, duke of Somerset ; and Elizabeth, the other daughter, married George Nevil lord Latimer ; between whose descendants and representatives, the barony of Lisle commencing with the writ of summons of the 31 Edw. III., (if it created any) may |be presumed to be now in abeyance; which represen- tatives in 1822 were Sir John Shelley Sidney, claiming to be heir of the body of Mar- garet, who married John Talbot, earl of Shrewsbury. The coheirs of Eleanor lady Roos, viz : the then earl of Esses ; Sir Henry Hun- locke, bart. ; and the baroness de Roos. The coheirs of Elizabeth lady Latimer, viz : the duke of Northumberland ; Winch- comb Henry Howard Hartley, esq. ; Sir Charles Knightley, bart. ; Grey Jermyn Grove, esq. ; George William Villiers, esq. ; the earl of Abingdon ; Sir Francis Burdett, bart. ; William Fermor, esq. ; and lord Rollo of Duncrub, N. B., a peer of Scotland. TALBOT LORD LISLE.— (22 Hen. VI.) John Talbot, son and heir of Margaret, second wife of John, first earl of Shrewsbury, before mentioned, eldest daughter and coheir of W^arine, the last baron Lisle, was by one of the most extraordinary patents on record, created baron Lisle, 26 July, 22 Hen. VI., limiting that dignity to the said John and to his heirs and assigns for ever ; being tenants of the manor of Kingston Lisle, which manor his mother had resigned into his possession. Concerning this manor it is recited in the patent as a fact, " That Warine de Lisle and his ancestors, by reason of the lordship and manor of Kingston L'Isle, had from time, a Dugdale says he married her the 28 Edw. III., and died the 34, leaving Warine his son of full age, who, if so. must have been by a former wife. 286 BARONIA ANGLICA CONCENTBATA. whereof the memory of man was not the contrary, the name and dignity of barons and lords L'Isle, and by that name had seat in parliament, &c., as other barons of the realm had ;" an assertion perfectly untrue, for the first writ of summons on record in which the name of de Insula or L'Isle appears, is that of the 22 Edw. I. to John de Insida, who was of the Isle of Wight, and from thence summoned, and his son John to the 8 Edw. II. After him, the next person of the name summoned was Robert de Insula, or L'Isle, the 5 Edw. II., whose son John, and grandson Robert, are specially designated in their writs as de Rubeo Monte ; and the first Gerard de Lisle and his son Warine are only summoned by their respective names, without any additanient of Kingston L'Isle ; thus clearly showing that none of the ancestors of Warine had ever had seat in parliament by reason of the lordship and manor of Kingston L'Isle as recited in the said patent, an as- sertion satisfactorily proved by the lords' committee, on the dignity of a peer of the realm, in their third report, to have been entirely without foundation, for the said manor had never been holden in capite of the crown, but was holden, as mentioned in the Liber * Testa de Fcedorum,* by the then Warine de L'Isle or Robert de L'Isle, of Rugeniont, or Rubeo NeT.,Oxon. & Moute. ' -""jH '. Berks. This patent therefore conferring a barony of L'Isle on John Talbot, must be looked upon as a new creation, distinct from the barony acquired by Gerard de L'Isle, father of Warine, by virtue of his writ of summons the 31 Edw. III.; and in that respect, not to be a determination of the abeyance among his eventual coheirs before mentioned.* For t Inst. 27 a. chief-justice Coke says,t that the letters patent of Hen. VI. to John Talbot, that he and ante SS. 45. his heirs, lords of the manor of Kingston L'Isle, shoidd be thenceforth barons and lords L'Isle, was a fee simple qualified in the dignity, determinable upon his or their ceasing to be lords of the said manor. Sometime after this creation of baron L'Isle, the said John Talbot was advanced to the title of viscount L'Isle, with remainder to the heirs male of his body. The 23 Hen. VI. X Dugd. Lists he had summons to parliament by writ directed "Johanni Talbot de Lisle, Chev.;"X and o umm. from thence to the 29 Hen. VI., but without any additament of Kingston L'Isle. The 31 § Ibid. Hen. VI. he was summoned as viscount L'Isle,§ but in the unfortunate battle of Chas- tillon he was there slain with his father, the brave and aged earl of Shrewsbury, leaving Thomas Talbot his son and heir, second baron and viscount L'Isle, who lost his life in a skirmish between him and lord Berkeley, and their followers, at Wotton-under-Edge, in the county of Gloucester. Not having any issue his two sisters became his coheirs, viz., Elizabeth, first wife of Sir Edward Grey, second son of Edward lord Ferrers, of Groby ; and Margaret, who married Sir George Vere. The viscounty of L'Isle became a Warine de L'Isle, father of Gerard, and having married the heiress of the barony of Tyes; it is more probable his son Gerard had summons to parliament, as heir thereto, rather than because he had the manor of Kingston L'Isle. The writ was personal, without any allusion to any ancestral right of succession, and therefore leaves the point open. BARONIA ANGLICA CONCENTRATA. 28? extinct for want of issue male, but the barony it is presumed became suspended; for thougli Elizabeth was possessed of the manor of Kingston L'Isle, she was not sole heir of her brother, or father, and had not in her the constituent qualifications necessary to entitle her to the barony. Upon the death of her sister Margaret lady Vere, s.p., she then became sole heir, and acquired all the qualifications recited in the patent granted to her father. GREY, BARON AND VISCOUNT L'ISLE. Sir Edward Grey having married (as before mentioned) Elizabeth, eventually sole heir to her brother Thomas and father John Talbot, barons and viscounts L'Isle in the 15 Edw. IV., was created baron L'Isle by a charter, which mutatis mutandis contains the same introduction and recital as the patent granted by king Hen. VI. to John Talbot, habendum to him and his heirs of the body of the said Elizabeth begotten, but without the words assignatis mis, ^c. He had summons to parliament the 22 Edw. IV., as Edward Grey de L'Isle.* The 1 Ric. III. he was created viscount L'Isle, and the same * Dugd. Lists year had summons to parliament by that title,t as also in the 1, 3, and 7 Hen. VII. ^ j|,;j John Grey, his only son and heir, second baron and viscount L'Isle of the Grey creation, died without issue male, but left an only daughter and heir Elizabeth, so that the viscounty became extinct. She, however, being heir to her father, and also tenant of the manor of Kingston L'Isle, may be considered to have had the barony devolved upon her. She was affianced to BRANDON, VISCOUNT L'ISLE. Charles Brandon, (afterwards duke of Suffolk) who was thereupon created viscount L'Isle, 15 May, 1513, vsdth remainder to the heirs male of the body of the said EUza- beth ;^ but she being then of too tender years for marriage, refused upon coming of age to marry him : the patent was cancelled. Slie afterwards married Edward Courtenay, earl of Devon, but died s.p., circ. 1526, leaving her aunt Elizabeth, her father's only surviving sister, her heir, who married, first, Edmund Dudley ; and secondly, Arthur Plantagenet. "&"- PLANTAGENET, VISCOUNT LISLE. Arthur Plant agenet was a natural son of king Edward IV. by the lady Elizabeth Lucy, and after the surrender of the patent of viscount by Charles Brandon, was by king a " Sibi et hseredibus masculis de corpore Eliz. Grey, vicecomitessae Lisle per prefatum Carolum procreatis 15 May, 5 Hen. VIIL — (Lisle case.) 288 BARONIA ANGLICA CONCENTRATA. Hen. VIII. created viscount Lisle, with ■'' remainder to the heirs male of his body by the said Elizabeth his wife ; but dying without male issue in 1541, the viscounty became * Vide Banks' extinct. He had several dausfhters,* but althousrh they were heirs to him, as their father. Dorm, et Ext. . . . Baron., v. ii. they were not so as to their mother in the barony of Lisle, she having male issue by her first husband Edmund Dudley. By an indenture between this Arthur and Elizabeth his wife of the one part, and several other persons of the second and third part, dated 17 Nov., the 14 Hen. VIIL, reciting a recovery against the said Arthur and his wife, of the manor of Kingston L'Isle, and divers other lands, it was declared that the recovery should be to the use of the same lady Elizabeth, for her life ; and, after her death, as to Kingston L'Isle, and some other lands, to the use of John Dudley, her son and heir apparent, by her first husband, and to the heirs of his body. The limitation of the viscounty of L'Isle, made to the heirs male of the body of Arthur viscount L'Isle, by Elizabeth his wife, seems to infer that he thought himself no ways entitled to the barony of L'Isle, being seised only of that manor jure uxoris ; which, by this settlement on her decease, was to descend to her son, by her former husband ; and, consequently the title and honour of a baron would accompany it. Thus it is probable the creation of the viscounty was made, by this method of entail, to satisfy all parties. DUDLEY, VISCOUNT LISLE. In 1541, shortly after the decease of Arthur Plantagenet, John, son and heir of Elizabeth, by her first husband, Edmund Dudley, was by king Hen. VIII. created viscount L'Isle, t Dugd. Lists ^"'^ by ^^^^ title summoned to the parliament the 16th of January, the 33 Hen. VIII.,t of Summ. ag a,lso to the parhaments of the 35, 37, and 38 Hen. VIII., with the addition to his name of Magna Admirallo Anglia. In the 1 Edw. VI. he was created earl of Warwick ; and by that title called to the first parliament of Edw. VI., 4 Nov., 1547, with the addi- tion to his name of Magna Camerario Anglice. Finally, he was created duke of North- umberland by Edw. VI.; and by that title summoned to parliament the 5 and 6 Edw. VI.: but, after all his great advancement to honours, he was, on the accession to the crown by Queen Mary, taken, beheaded, and attainted, and thereby all his honours forfeited. It is here to be observed, that some time before his death, by indenture 27 March, 29 Hen. VIIL, being then Sir John Dudley, he bargained and sold to William Hyde, esq., b Sir Harris Nicolas in his Synopsis, (vol. i.,p. 383), states that his creation was the 26 April, 1533 ; but by Dugdale's Lists of Summons, his name appears in the writ of the 14 Hen. VIIL, 1522, and again the 3rd of Nov., 1529, the 21 Hen. VIII. BARONIA ANGLICA CONCENTRATA. 289 and his heirs, the manor and lordship of Kingston L'Isle ; which i\j-thur Plantagenet, then lord L'Isle, held for term of his life. From this William Hyde, the said manor and lordship descended in lineal succession to John Hyde, esq., who died seised thereof circ. 11 May, 1745 ; and, his widow in 1749 sold the same to Abraham Atkyns, of Clap- ham, in the county of Surrey, esq, possessor thereof, in 1790. In behalf of this posses- sor a very able and interesting case was compiled by the Hon. Hume Campbell, by M'hich it is shown that Mr. Atkyns was tenant of the manor and lordship of Kingston L'Isle under the singular patent granted by king Hen. VI. to Talbot as assignee, but then he had not the other co-qualification of heir, the joint terms being as supposed, necessary to constitute a right to the barony in virtue of the possession of the manor and lordship. If no right as assignee vested in Mr. Atkins, no right can vest in the heir who is not possessed of the territory, the possession and heirship being made by the patent co- ordinate and inseparable. Dudley, duke of Northumberland had eight sons, whereof Henry died before him ; John the second son had summons to parliament the 6 Edw. VI., as lord L'Isle and de- ceased in his lifetime, and Ambrose and Robert the third and fourth sons became two of the greatest minions of court in their day, which Ambrose was restored in blood by Queen Elizabeth, and was first created baron L'Isle, in 1561 (42 Eliz.), and afterwards earl of Warsvick,* but he died s.p. in 1589, !^^*°''''*„ ' r ' Dorm. & Ext. when all his honours became extinct; but his brother Robert Dudley, earl of Leicester, Baron., v. iii. was his heir, who dying as reputed at the time, without legitimate issue, his sister Mary, who married Sir Henry Sidney, was his heir,t that is to say his eldest sister, for the t ibid, duke of Northumberland his father had five daughters, viz., the said Mary, Margaret, Catherine who married Henry, earl of Huntingdon s.p., Frances, and Temperance. SIDNEY, VISCOUNT LISLE. Robert Sydney, second, but eldest surviving son of^ Sir Henry Sidney, by Mary, sister to Robert Dudley, earl of Leicester, and his heir if he died without legitimate issue, and heir also of Margaret, countess of Shrewsbury, the eldest great-granddaughter and co- heir of Warine lord L'Isle, was first created lord Sydney, of Penshurst, by king James I., afterwards advanced to the title of \ascount L'Isle, and lastly created earl of Leicester. From him descended Joceline Sydney, the seventh and last viscount and earl of his family,J who deceased without legitimate issue, (as supposed) whereby his peerage + Ibid. » The much celebrated sir Philip Sydney was the eldest son, but died without issue male leaving an only daugh- ter Elizabeth, who married Roger, earl of Rutland, which Roger died s.p., in June 1612. — C Vide Banks' s Dormant and Ejrtinct Baronage, vol. iii.) VOL. I Nn 290 BARONIA ANGLICA CONCENTRATA. honours became extinct; and his two nieces, daughters of his eldest brother, the Hon. Thomas Sydney, became his coheirs ; of these, Mary married Sir Brownlow Sherard, bart., but died s.p. ; and Ehzabeth married William Perry, of Turvile Park, in the county of Buckingham, esq., and had issue William Sydney Perry, Algernon Perry, Mary, Eli- abeth Jane, Anne, and Frances ; of these daughters, Elizabeth Jane became the sole surviving one, and heiress of her mother, and married Sir Bysshe Shelley of Castle Goring, in the county of Sussex, bart., to whom she was second wife, and by him had issue a son John, who took the name of Sydney as heir to his mother, which SHELLEY SIDNEY, Claimant to the Barony of Lisle. Sir John Shelley Sydney, in 1822, claimed to be heir of the body of Margaret, countess of Shrewsbury, and in such capacity, prayed by petition to his majesty that he would exercise the grace of the crown by terminating the abeyance in his favour. The petition, upon the attorney-general's report was referred to the Lords' Committee for Privileges, before which, much evidence was entered into. It is however here to be observed that the case of Sir John did not notice two very important points which were requisite to be explained, viz : first the legitimacy of Sir Robert Dudley, son and heir of John Dudley, duke of Northumberland ; and secondly, the legitimacy of John Sidney, claim- * Banks's ing to be the legitimate son of Joceline Sidney, last earl of Leicester.* Dorm. & Ex. ^,^. , ,,,- .ii-- <-!•• i Bar. vol. iii. With regard to the first point, the legitimacy or this eminent person was strongly contended against by his adversaries, but it was afterwards so fuUy and clearly established, that king Charles I., as a compensation for the great injustice which had been done him, advanced his widow Catherine, daughter of Sir Thomas Leigh, bart., to the rank of t Ibid. duchess of Dudley,t and her daughters to the distinction of duke's daughters, which honours were confirmed by king Charles II. But with respect to this lady. Sir Robert Dudley, her husband, who had retired into Italy, where by the emperor Ferdinand II, he was created a duke by the title of Northumberland, to be used by him and his heirs through the dominions of the sacred empire, alleged his marriage with her to have been illegal by the canon law, he having had carnal knowledge of her during the life of his first wife. On his retirement into Italy he took with him a very beautiful lady, the daughter of Sir Robert Southwell, of Wood Rising, in Norfolk, whom he married, and had by her many children; of which, Charles the eldest son, bore like him the title of duke of North- umljerland in that country.-^ a Charles Dudley, the titular duke of Northumberland, was found guilty in 1658 of forging an entry of marriage in the Register Book of East Greenwich, in Kent, and was fined two hundred marks. The dictum of chief-justice Glynn is recorded in Siderfiu's Reports, part. 2, p. 71. BARONIA ANGLICA CONCENTRATA. 291 Of this Sir Robert Dudley, the case of Sir John Shelley Sydney, it may be pre- sumed ought to have made some notice, as interfering with his descent, till satisfactorily explained or removed. In reference to the second point of Mr. John Sydney, it appears by a trial at bar, on a writ of right and proceedings, before the grand assize in the Court of Common Pleas at Westminster, the 11 February, 1782, for the manor of Penshurst Place, park, and premises in the county of Kent, that he founded his pretensions of being son and heir of Joscelyne, seventh and last earl of Leicester, deceased, who never having being divorced from his wife, with whom during his life he had much legal controversy, he, the demandant, was in the eye of the law legitimate son and heir of the said earl Joscelyne. But having made an error in his claim by aUedging that the earl his father was seised in fee, instead of tenant for life, with remainder over to his issue male, (which was the fact), the tenant being in possession, had in the opinion of the court the better right, and there- fore the jury, under the direction of the judges, gave their verdict for the tenant Mrs. Perry, the sister of earl Joscelyne.* * Printed case, Thus the question of legitimacy was not controverted ; Mr. Sydney left issue male and female ; but the case of Sir John Shelley Sydney made not any allusion to this interesting point. In 1835 his Majesty was pleased by letters patent, to create Sir Philip Charles Syndey G.C.H.,'only son of Sir John Shelley Sydney, hart., of PenshurstCastle, in the county of Kent, baron de L'Isle and Dudley of Penshurst, and the heirs male of his bodyt lawfully begotten. t Gaz- 9 J*"- 1835. LISLE OF KINGSTON LISLE.— (31 Edw. IIL) Warine de Lisle, ob. 14 Edw. II.=pAlice daughter of Henry and sister and heir to Henry de Teyes her brother. I ' Gerard de Lisle, summoned to parliament 31 Edw. III., ob. 34 Edw. Ill, .!■•■• Warine de Lisle, summoned to parliament 43 Edw. III., ob. circ. 6 Ric. II.=pMargaret, dau. of Wm. Pipard. r -1 J Gerard de Lisle, ob. s.p. Margaret, sole daughter and heir.=T=Thomas Lord Berkeley. I Elizabeth Berkeley, sole daughter and heir.-i-Richard Seauchamp, Earl of Warwick. 1 r r 1 1. Margaret, eldest-pjohn Talbot, earl of 2. Alianor, mar. 1st Thomas lord Ros; 3. Elizabeth, mar. George >L-pjona J Salop, dau. and cob. I Salop, 2nd wife. 2nd Edmund, Duke of Somerset. Nevil lord Latimer. John Talbot, created Baron and Vicount Lisle, slain at the=pJoane, daughter and coheir of Thomas Chedder, Esq., battle of Chastillon, temp. Henry VI. widow of Richard Stafford, Esq. I 1 ' 1 Thomas Talbot, 2nd Baron and Elizabeth Talbot,=pSir Edward Grey, cr. Viscount Margaret Talbot, sist. & coh.. Viscount Lisle, ob. s. p., 14G9. sister and coh. | Lisle, ob. 7 Hen. VII. m. Sir George Vere, ob. s. p. I 1 ' 1 1 John Grey, -T-Muriel, dau. of Alice, mar. 1 , Edmund=pElizabeth.^2. Arthur Plantage- Muriel, married 2nd Viscount, Thomas, Duke John Wil- Dudley. net, created Viscount Edward Stafford, ob. 1504. of Norfolk. loughby. j | Lisle, ob. 1541. Earlof WUtshire. 292 BARONIA ANGLICA CONCENTRATA. Elizabeth, sole dau. and heir, con- John Dudley, creat. Viscount=pJane, dau. tracted to Sir Charles Brandon, Lisle, Earl of Warwick, and afterwards married to Henry Cour- Duke of Northumberland, tenay, Earl of Devon, and secondly attainted and beheaded the 1 to Sir Thomas Knevit, s. p. queen Mary, 1553. and heir of Sir Ed- ward Guil- ford, knt. Bridget, mar. Sir William Garden, knt. Frances, m. 1st John Basset, Esq. 2nd Thomas Monk, Esq. 1 Elizabeth, mai-. Sir Francis Jobson, knt. I I I r 1. Henry. 4. Ambrose, restored in 2. Thomas. blood, cr. earl of War- 3. John, s.p. wick, ob. 1589, s. p- Robert, created=pLady Douglas earl of Leicester, ob. 1588. Howard, wife. 3rd Mary,' eldest sister. ^Henry Sydney. Other issue. Sir Robert Dudley, whose legitimacy was allowed. I I William, ob. coelebs. Henry, died young Robert, created Viscount Lisle and Earl-pBarbara, daughter and heir of John of Leicester, ob. 1626. | Gammage, Esq. I 1 Other female Robert, second Earl,=^Dorothy, daughter of Henry, Earl ob. 1677. Philip, 3rd Earl,=^Catherine, dau. of William, ob. 1697-8. I Earl of Sarum. of Northumberland. issue. Robert. Henry, created Earl of Rom- Algernon, ney, ob. 1704, s. p. Other female issue. Robert, 4th Earl, ob. 1702.=pElizabeth, daughter of John, Earl of Bridgewater. Robert, died young. John, 6th Philip, 5th Earl, ob. 1705, s.p. Earl, ob. William, died young. 1737, s.p. Thomas, ob.=pMary, dau. and vi. fratris, 1 coheir of Sir 1728-9. I Robert Reeve. . I Mary, daughter and coheir, married Sir Brownlow Sherard, Baronet, s. p. Elizabeth, daughter-pWiUiam Perry, and coheir. | Esquire. Joceline,=f^Elizabeth, dau. 7th earl, I of Tho- ob. 1743. I mas, Esq. H John Sidney, claimant in 1782." William Sydney Perry. Algernon Ferry. Mary. T" ■■"L Elizabeth Jane, sole^Sir Bysshe Shelley, surviving heiress. I Baronet. Anne. Frances. Issue. Sir John Shelley Sydney, the petitioner in 1822.^Frances, daughter of Sir Henry Hunloke, Bart. r ' Sir Philip Charles Sydney, created Baron de L'Isle and Dudley in 1835. LONGVILLERS, (16 Edw. III.) Thomas de Longvillebs had summons to attend a great council at Westminster, the 16 Edw. III. but never after, though he lived very many years; as this solitary summons cannot be considered a call to parliament, and as he died s.p., any further account of him or of his family is not necessary. According to Dugdale, Agnes his sister was his heir, who married Robert son of Ralph Cromwell. L'ORTI, OR DE URTIACO, (22 Edw. I.) Henry L'Orti, lord of Esseleigh, in the county of Wilts, had summons to parliament the 22, 25, and 27 Edw. I., being designated in the several writs "Henrico de Urtiaco;" Dugdale states that he died the 15 Edw. II., 1321, but the name of Henry de Urtiaco is BARONIA ANGLICA CONCENTRATA. 293 subsequently contained in the writ of summons the 19 Edw. II., 1325, wliich provided he deceased in 1321, leaves it to be inferred that the last mentioned writ was addressed to Henry his son, who is unnoticed in Dugdale's account, that author making him to be succeeded by John his son and heir who never had summons to parliament, and died leaving issue two daughters, viz., Sibyl who married Sir Lawrence de St. Martin, and Margaret who wedded Henry de Esturmie," in whose representatives, sir Harris Nicholas states* the baromf is now in abeyance. * Peerage Sy- In Collinson's Somersett the following pedigree of De L'Orti is given. p. sgg. t Vol. iii.,pp. 50 & 130. Henry de^Sabina, dau. and heir of Richard Revee, by Mabel, sister and heir of L'Orti. I Walter de Esseleigli, of Esseleigh, in the county of Wilts. 1 Henry de L'Orti, ob. 14 Edw. II.=p Henry de L'Orti, ob. 15 Edw. III.— Vide Inq. ad Q. D. 19 Edw. II.=f I 1 1 ' John de=Eli2abeth Child, Richard. Elizabeth, married 1st Sir Ralph de Middleny, knt. L'Orti. of Stanford. 2nd Sir Robert de Ashton, knt., ob. 7 Ric. IL LOVAINE OR LUVEINE, (45 Hen. III., and 22 Edw. I.) In the time of Hen. II., Joceline de Luvein held five knights' fees and one half in the county of York,J of whom no mention is made by Dugdale. + Heame'e In the 2 of king John, Godfrey de Lovaine (called brother to Henry, duke of voi'j/p. 3^27! Brabant) gave 400 marks for the land, and widow of Ralph de CornhilP whose name was Delicia, daughter and heir of Robert de Hastings, by his wife daughter and heir of Wil- liam de Windsor, and by this marriage acquired the manor of Estaines holden by barony. Matthew, son and heir of Godfrey de Lovaine, was one of those barons summoned to a parliament convened to meet in London, by writ dated the 18th of October, the 45 Hen. Ill ;§ he died shortly after in 1261 (46 Hen. Ill) seised of the manor and barony § ciaus Rot. of Estaines, leaving «'• ^- '"°°"°- Matthew de Lovaine his son and heir, who had summons to parliament the 22 Edw. I.jII but was never again summoned. He died the 30 Edw. I., when H Dugd. Lists of Summ. " Collins in his peerage account of the duke of Somerset's family, recites that Roger Seymour married Maud, daughter and coheir of Sir William Esturmi, of Chadham, in the county of Wilts., lord of Wolf Hall, in the said county ; whose ancestors were guardians of Savernake forest, by inheritance. — (Vide Camden's Britannia, in com. Wilts.) The family were founders of the hospital of the holy trinity, at Easton, near Marlbrough, of which, in the year 1363, and 1368, Henry son of Henry Esturmi, was acknowledged patron by the then bishop of Salisbury. ^ The said widow fined two hundred marks to the king for license to marry according to her own pleasure, but not Godfrey de Loveine. Godfrey however fined in double the amount, to marry her, and have her lands, if she could show no good reason for refusing him. In this record, she is called relict of Ralph, and not Richard de Comhill.—(Vide Mag. Rot. 2 John. Rot. 3, 6, Essex and Herts.) 294 BARONIA ANGLICA CONCENTRATA. * Morant's Essex, vol. i p. 466. Thomas de Lovaine was only twelve years of age ; with whom Dugdale closes his account of the family, by reason, he observes neither he, nor his descendants had sum- mons to parliament. This Thomas de Lovaine had a son John, who died in 1347,* leaving two daughters, viz., Alianore and Isabel, who died in 1359, s. p., when Alianore, the sole surviving daughter and heir carried her great inheritance to her husband. Sir William Bourchier ; who, by her, was father of William Bourchier, earl of Eu, in Normandy ; who, by Anne, daughter of Thomas Plantagenet, duke of Gloucester, had issue Henry, who was first created viscount Bourchier, and afterwards earl of Essex, by king Edw. IV.; in whose coheirs general the present duke of Chandos, and the marquess of Townshend, the bar- ony of Bourchier created by the writ of summons of Robert de Bourchier, the 16 Edw. t Vide Bour- III.,t may be considered vested. But with regard to any barony of Lovaine, there does not appear any ground maintainable for its assumption, though it has frequently been styled as one pertaining to the descent of the said coheirs, and by the late marquess of Townshend was ranked with his barony of Ferrers of Chartley. chier. t Dug. Bar., vol. i., p. 558. § Vide St. Maur&Zouche of Haryng. worth. LOVEL, OR LUVEL, OF KARL— (22 Edw. III.) William the son of Ascelin de Gouel, and grandson of Robert, lord of Breherval and Yvery, in Normandy, assumed the name of Lovel, and was lord of Kari and Harpetre, in the county of Somerset, and other great possessions in other counties,^ From him descended Richard Lovel, who, the 22, 23, and 24 Edw. III. had summons to parliament, but died the year following. By Muriel his wife, (said by Dugdale J to have been the daugh- ter of an earl of Douglas, in Scotland,'') he had issue an only son James, who deceased in his lifetime, viz., 16 Edw. III., leav-ing by Isabel his wife a son Richard, then aged eight, who died under age, s.p., in the lifetime of his grandfather ; and a daughter Muriel, who, surviving her grandfather, became heir to his estate, and to the barony of Lovel, provided the writs of the 22, 23, and 24 Edw. III. created any such descendable honour. At the decease of her grandfather she was aged nineteen, and then the wife of Nicholas St. Maur ; whose heirs general are the coheirs in the barony of St. Maur, and Zouche of Haryngworth.§ » A very interesting work, entitled the History of the House of Yvery, in 2 vols, 8vo., has a most elaborate account of the origin and connections of this family ; a great portion of which is incorporated in Collins's Peerage, under the article of Perceval, lord Lovel, and Holland : subsequently advanced to the dignity of earl of Egmont. •" No such marriage is mentioned in any of the Scotch Peerages of the earls of Douglas. But, a record, viz., Pat. Rot., 4 Edw. II., m. 4., recites, ^viz: " Rex concessit Ric'o Lovel, in generalli tallio maner' de Wynefrith Eagle, in excambio pro maner' de Veteri Rokesburgh quod fuit Muriellse uxoris ejus, fihae & haeredis Joh'n'is Soules, pro servic' deb' revertere Regi." BAROXIA ANGLICA COXCENTRATA. 295 LOVEL OF TICHMERSH.— (25 Edw. I.) This branch, though a younger one to that of Kari, yet had summons to parliament long before it. John Lovel descended from William Lovel, lord of Minster Lovel, in the county of Oxon, and Tichmersh in the county of Northampton, who was brother of Henry, brother and heir of Ralph, eldest son of WiUiam of Kari, had summoTis to parliament in the 25 and 27 Edw. I., as John Lovel ; and afterwards as John Lovel de Tichmersh, from the 28 Edw. I., to the 4 Edw. II.; at whose coronation, by that description, he was summoned to attend. In the parliament at Lincoln, 29 Edw. I., he was one of those barons who affixed their signature and seals to the letter then written to the pope, being designated Johannes Lovel Dominus de Berekinyg. He was twice married : his first wife was Isabel de Bois, by whom he had a daughter, who married William lord Zouche, of Ha- ryngsworth ; his second was Joane, daughter of Robert lord Roos ; and by her he left, at his decease the 4 Edw. II.,* * Esch. n. 33 John Lovel his son and heir, who had summons to parliament from the 6 to the 8 Edw. II., when he died.t He married Maud, sister and heir to Edward lord Burnel, t Ibid., 8 Ed. . . . n., n. 49. and had issue a daughter Joane, called by Dugdale his heir, aged two years,f who died % Dugd. Bar. young. At this part, Dugdale rather abruptly breaks the thread of narration, proceeding ^^ ■ >•' P- to mention a John Lovel, who the 8 Edw. III. was in an expedition into Scotland ; but who this John was the son of, he does not in the least make allusion. He has before stated that John lord Lovel had died the 8 Edw. II., leaving a daughter and heir Joane very young : he does not then assume a first wife, or any son ; so that who was this John, the militarj' man of the 8 Edw. III., is left to surmise. This, by Mr. Parkins, is apparently explained, § who states him to be the son of Thomas Lovel, (by Maud his §His.ofNorf. wife) ; but how nearly allied to John, he does not mention. In Anderson's History of the House of Yvery, it is asserted that John Lovel, by Maud Burnel, left issue, John his son and heir, aged two years ; which is the same age which Dugdale has attributed to Joane his daughter, called by him also, his heir:^ whether son of Thomas, or of John, the said John Lovel was never summoned to parliament, and died the 21 Edw. III., having had by Isabel his wife (named by some as a daughter of WiUiam lord Zouche) two sons, both named John ; of these the eldest John lord Lovel was only six years old at his father's death, and died in his minority the 35 Edw. III. s.p., leaving his brother John his heir, aged nineteen, which 3 It seems most likely that the statement in Dugdale, that Joane was daughter and heir, aged two years, was an error of the press for John, son and heir, aged two gears. By the fine levied by Maud his widow, and John de Handlo her second husband, it appears she had a sen John by her first husband John Lovel. 296 BARONIA ANGLICA CONCENTRATA. John lord Lovel attaining his majority the 37 Edw. III., had livery of his lands, his homage being respited, and was afterwards a person of great note, and was elected a knight of the noble Order of the Garter. He had summons to parliament from the 49 Edw. III. to the 8 Hen. IV., and probably died the next ensuing year ; his will being dated the 12th of September following. His wife was Maud, granddaughter and * Vide Hoi- heir of Robert lord Holland,* by whom he left issue, John lord Lovel, his son and heir, who had summons from the 1 1 Hen. IV. to the 2 Hen. V., inclusive, in which year he died, leaving by Alianora his wife, daughter of William lord Zouche, of Haryngworth, William his son and heir, which William lord Lovel had summons from the 3 to the 33 Hen. VI., as William Lovel, Chiv.' without the additament of TichmershJ^ He married Alice, daughter, and heir t Vide Dein- eventually, of John lord D'Eincourt,t by Johanna, daughter and heiress of Robert lord Grey of Rotherfield, by which heiress he had issue, John his successor ; WiUiam who J Vide Morley became lord Morley, jure uxoris ;% and another son Robert.'' He died the 33 Hen. VI., leaving Alice his wife surviving. John the next lord Lovel, had summons from the 38 Hen. VI. to the 2 Edw. IV., as John Lovel, Chiv.', and died the fourth of the same reign. His wife was Joane, sister § Vide Beau- and heir of William viscount Beaumont,§ by whom he had a son Francis, his successor, ""'"'■ and two daughters, eventually coheiresses to their brother, viz : Joane, who married Sir Brian Stapleton ; and Fridiswide, who married Sir Edward Norris, ancestor to the pre- sent earl of Abingdon. Francis, next lord Lovel, had summons the 22 Edw. IV., as Francis Lovell de Lovell Chev' ; and the 1 Ric. III. was created viscount Lovel, and summoned to parliament by that title. He was a strenuous supporter of that king, and fought with him at the fatal battle of Bosworth, where Richard was slain ; he himself however escaped with life, and having got out of the kingdom, remained abroad for some time ; but afterwards returning into England with John de la Pole, earl of Suffolk, and a body of soldiers under Martin II Vid. Banks's Swartz their commander, he was slain as it is generally represented || at the battle of Dorm. & Ext. Stoke, the 3 Hen. VII., where their army was defeated. Being thus dead and attainted, Bar., vol. u. . ' ■' ^ . ' all the baronial honours which were concentrated in him became forfeited, and the vis- county extinct, he dying s.p. Among the baronies, that of Burnell has been set down as one ; but on referring to the Burnell title, it will be seen that Edward Burnell, who was summoned to parliament a Though summoned to the 33 Hen. VI., inclusive, he is said to have obtained the 24 Hen. VI. a special ex- emption from attending parliament (in consideration of his services in foreig;n parts, and infirmity of body) for the term of his life. — (Anderson's House of Yvery.) b He died s.p. There was another son Henry who was buried in the Crutched Friars, of whom nothing is known t BARONIA ANGLICA CONCENTBATA. 297 from the 5 to the 8 Edw. II., died s.p., and therefore if any barony was created in him by virtue of these writs, the same became extinct upon his death, and consequently his sister Maud, although his heir to lands, could not take any barony to hand down to her issue by John Lovel her husband. THOMAS LOVEL.— (16 Edw. III.) Though not mentioned by Dugdale in his Baronage, yet in his Lists of Summons the name of Tliomas Lovel is noticed as being summoned to attend a great council to be holden at Westminster the 16 Edw. III.,* but never after; who he was does not appear, * ^"S- ^^^ nor is his name contained in Anderson's House Yvery. John Lovel, who died the 15 Edw. I., married Maud, daughter and heir of Sydenham, and by her acquired the manor of Tichmersh, and had issue John his eldest son, thereafter summoned to parliament ; and Thomas, who had the manor of TichweU for his portion, and is said to have borne a Bend Azure over his coat] for a difference. LUCAS.— (20 Car. I. and 15 Car. II.) Although this peerage has not its origin from writ of summons, but from a special patent, yet the limitations are so analogous to the course of descent of a barony by writ that it may not be irrelevant to notice it here. Sir John Lucas, a distinguished officer under Charles I., during the civil war, was in consideration of his eminent services created baron Lucas of Shenfield, in the county of Essex, the 20 Charles I., with remainder, in defaidt of issue male, to his brothers Sir Charles, and Sir Thomas Lucas respectively, and their issue male.'' This lord Lucas married Anne, daughter of Sir Christopher Nevill, of Newton St. Lo, in the county of Somerset ; by whom he had an only daughter Mary, who became the wife of Anthony Grey, earl of Kent. Thus, not having any issue male, and his brother Sir Charles having died s. p., he obtained other letters patent, dated the 15 Car. II. : whereby his said daughter Mary was created baroness Lucas, of Crudwell, in the county of Wilts, with the singular and unprecedented remainder of the barony to her heirs male, by the earl of Kent; failing which, the title not to be suspended, but to be enjoyed by such of the daughters and coheirs, if any shall be, as other indivisible inheritances by the common law of this realm are usually possessed. He died in 1670, s.p.m.; and was succeeded in the barony of Lucas of Shenfield by his nephew. ' He was elder brother of Sir John the baron, but bom before marriage. VOL. I. O O 29.8 BARONIA ANGLICA CONCENTRATA. Charles Lucas, son and heir of his brother Sir Tliomas Lucas ; he married Penelope, daughter of Francis Leke, earl of Scarsdale, and had issue two daughters his coheirs, whereof married the honourable Carey; and Penelope married Isaac Selfe, esq., and had two sons Lucas, and Jacob, who both died s.p., and a daughter Anne, who married Thomas Methuen, esq., whose heir is the present lord Methuen ; not having issue male, he was, on his death in 1688, succeeded by Thomas, his brother, third lord Lucas, of Shenfield, who dying s.p.m. in 1705, the barony became extinct ; but the barony of Lucas of Crudwell being a distinct creation, stiU remains, and has followed the course of limitation, through the heir female to the present earl De Grey. LUCY OF COCKERMOUTH.— (14 Edw. IL) Richard de Lucie, son and heir of Reginald de Lucie, lord of Egremont, in the county of Cumberland, left issue two daughters his coheirs, whereof Annabel married Lambert de Multon ; and Alice wedded Alan de Multon, by whom she had Thomas de Multon, her son and heir, which Thomas assumed his mother's name of Lucie, or Lucy, and the 16 Edw. L, had livery of the lands of her inheritance. He married Isabel, one of the daughters and co- heirs of Adam de Bolteby, a great baron in Northumberland, and dying the 33 Edw. I., left Thomas his son and heir, who dying s.p. was succeeded by his brother and heir, Anthony de Lucy, who had summons to parliament from the 14 Edw. II., to the 17 Edw. III. inclusive, in which year he died, leaving Thomas his son and heir, and a daughter Joane, who married William de Multon. Thomas de Lucy had summons to parliament in his father's lifetime, the 15, 16, and 17 Edw. III., and from thence to the 38th of the same reign; the year following of which he died. He married Margaret the third sister and coheir of John de Multon, of Egremont, who was great-grandson of Lambert de Multon, by Annabel, daughter and coheir of Richard de Lucie, and sister of Alice de Lucie, his great-grandmother ; by this Margaret he had issue a daughter Maud, and a son Anthony de Lucy, who died shortly after him, the 42 Edw. III., but never had summons to parliament. He had issue an only daughter Joane de Lucy, who dying under three years of age, Maud her aunt, sister of her father, became her heir. This Maud de Lucy was first married to Gilbert de Umfraville, earl of Angus ; and secondly to Henry the first Percy earl of Northumberland, but had not any issue by either husband: she however by a fine levied the 8 Richard II., settled the castle and honor of Cockermouth, with other great estates upon the said Henry earl of Northum- berland, and herself, and the heirs male of their two bodies ; and in default thereof, on BARONIA ANGLICA CONCENTRATA. 299 the heirs of her own body; and in default, on Henry lord Percy, son and heir of the said earl by his first wife, and the heirs male of his body, on condition of quartering the arms of Percy with those of Lucy, and in default of issue male of Henry lord Percy, then upon other male branches of the Percy family, upon the like condition. Dying s.p., the said estates passed into the Percy family, but the right to the barony of Lucy vested in Sir William Melton, son and heir of Joane, aunt and heir of blood to her'the said Maud ; and sister and sole heir to Thomas de Lucy her father. Thus it is evident no right to this ancient barony of Lucy attaches to the Percy family, which has not a particle of Lucy blood in it, so that the assumption of it is without the slightest foundation. Thomas Percy son and heir of Sir Thomas, who was attainted, the brother and heir of Henry the sixth earl of Northumberland, was created baron Percy, baron Poynings, Lucy, Bryan, and Fitz-Payne, with remainder failing issue male to his brother Henry, and his issue male, created earl of Northumberland, with same limitation, 1 May 1557 • thus the name of these baronies merged in the earldom, till the death of Josceline the eleventh earl of Northumberland, in 1670, s.p.m., when they all became extinct, so far as they were created as before mentioned. Anthony de Lucy, summoned to parliament 14 Edw. II.-, I 1 ' Thomas, ob. 38-j-Margaret de Joane de Lucy, ob.-pWilliam de Melton, nephew to the Edw. III. Multon. 43 Edw. III. | Archbishop.— £seA., 56 Edw. in. Anthony ,=pJoan, widow of Maud, mar. 1st, Gilbert, Earl Sir William, son and heir, set. 23,^ dau. died 42 | WilUam Lord of Angus; 2nd, Henry, Earl will dated 1398 ; heir to Maud, | of Edw.ni. I Greystoke. of Northumberland, s. p. Countess of Northumberland. I Everingham. Joane, only child, obiit Sir John, aged 22, the 22 Richard II., wiU^pMargaret, daughter of Roger inf. 3 ann. dated Ubh.—Esch. 33 Heti. VI. j Lord CHfford. r ' 1 Sir John, son and heir, aged 40, anno 33-pElizabeth, sister and heir of Sir Robert Anthony, named in Henry VI. — Esch. 36 Henry VI. I Hilton, of Swine, in com. York. his father's will. I John Melton-^Margaret, daughter of William Lord Fitz-hugh, living 2 Henry VIII. 1. Alice, daughter of John=i=Sir John Melton, ob. 11 July, 1510. — Inq. apud^=2. Eleanora, widow of Sir John Stanley, of Pipe, ob. 1493. Rotherham 20 October, 2 Hen. VIII. Zouche.— £seA. 11 Hen. VIU. Sir John Melton, 8et. 30., anno 2 Henry VIII., ob. 26 February, 36=f^Catherine, daughter of Sir Hugh Hastings, Hen. \n\.—Inq. 18 September, 38 Hen. VIII. j of Fenwick. Dorothy Melton, sole daughter and heir aet. 38, anno 38 Hen. VIII., and then wife of George Lord Darcy, who thereby acquired the manor of Aston, — the burial place of the Melton family. — Vide Darcy of Aston. GEFFERY DE LUCIE.— (49 Hen. IIL) Of this name, it appears there were two very eminent branches, though probably emana- ting from one parent root, of which no mention is made : so that whether Reginald de 300 BARONIA ANGLICA CONCENTBATA. Lucie, who married Annabel, one of the daughters and coheirs of WilUam Fitz-Duncan, by Alice, the heiress of Egremont, which barony he thereby acquired, and passed, as al- ready mentioned, into the family of Multon, was related to Richard de Lucie, to whom king Henry I. gave the manor of Disce, in Norfolk, and who in the reign of Hen. IL was * Dugd. Bar. appointed to the great office of Justice of England, is uncertain. Dugdale observes,* he '' '■' ^' ' could never yet discover the parentage of the former, nor does he give any account of the origin of the latter. Similarly uncertain is the the parentage of Geffery (by some called Godfrey) de Lucie, who at the coronation of king Richard I. t Ibid. bore the cap of state.f He was a person of great action, and consequence in his day, and dying the 36 Hen. IIL, left GefFery his son and heir, which Geffery de Lucie, taking part with the barons under Simon de Montfort, was one of those called to the parliament summoned by the confederated lords in the king's name J Dugd. Lists to meet at London the 49 Hen. III.J After their defeat at Evesham, he made his peace """' and became a loyal subject. He died circ. 12 Edw. I., leaving Elianore his wife surviv- ing, and Geffery his son and heir, then in minority, which Geffery de Lucie on attaining his majority, and doing his homage, had livery of his inheritance, the 16 Edw. I., and had summons to parliament the twenty-fifth of the same reign, but never after ; so that Dugdale says, "further I cannot say of him ;" nor indeed does it seem needful, as no baronial inheritance can be supposed acquired from the two writs of summons before mentioned. In the much laboured account of the family of Lucy, which obtained the honour of a baronet's patent, and was seated at Broxburn, the connection with the aforesaid families is not shown, though a very illustrious bneage is endeavoured to be set out. The name is presumed to have been taken from some place in Normandy. LUMLEY.— (8 Ric. IL) This family, undoubtedly of very great antiquity, as elaborately set forth in Mr. CoUins's Peerage,^ yet did not attain to the rank of NobiUty till the time of Ric. II., when Ralph de Lumley had summons to parliament among the barons of the realm, the 8 Ric. II., and from thence to the 1 Hen. IV. when being concerned with divers others of the nobility to restore king Richard, he was slain at Cirencester, and being attainted, his newly created honour was forfeited. a An anecdote is related of king James I., that when on his route from Scotland to take possession of the Eng- lish throne, he stopped at Lumley Castle, and was there entertained by the noble baron, who conducted his majesty through the long gallery containing the portraits of the Lumley family for many generations, which so surprised the king, that he exclaimed, "He had never heard before that the siniame of Adam was Lumley." BARONIA ANGLICA CONCENTRATA. 301 Thomas de Lumley, grandson of the last baron, being son and heir of John de Lum- ley who was restored in blood by parliament in 1411, brother and heir of Thomas (who died infra aetateni in 1404), eldest son of Ralph the first baron, obtained an act of par- liament in 1461,* reversing the attainder of his £;randfather, and was thereupon summoned * Rot. Pari. 1 Edw IV to parliament from the 1 Edw. IV. to the 12 Hen. VII., about which time he deceased, ^oi. y.' ^ 486. 1497. George Lumley, son and heir of Thomas, was never summoned to parliament, and died in 1 508, leaving Richard Lumley his grandson and heir, (who was son and heir of Thomas Lumley, his eldest son, who died vi. pat.), which Richard had summons from the 1 to the 3 Hen. VIII. : to the said last writ it is noted on the roll mortuns est, ut dicitur. John Lumley, his son and heir, succeeded to the barony, and had summons the 6 Hen. VIII., and in divers parliaments afterwards. In the 28 Hen. VIII. he was in that insurrection called the Pilgrimage of Grace, but on a pardon being offered, the insurgents delegated him to treat with the duke of Norfolk, the king's general, when he so well accom- modated aU matters with the duke, that all concerned in the rising were permitted to go home without being questioned for their offence. Thus he so far saved himself; but his son George being concerned in another insurrection with the lord Darcy and others, was apprehended, committed to the Tower, and being arraigned and found guilty of high trea- son suffered death the 29 Hen. VIII., vi. pat. By this unhappy event the barony became forfeited to the crown, so that upon the decease of John lord Lumley, it could not descend to the children of George, who had issue a son John and two daughters, viz : Jane, who married Geftery Markham, esq., and died s.p. ; and Barbara, who married Humphrey Lloyd, esq., hereafter mentioned. John Lumley, son and heir of the attainted George, at the death of his grandfather was an infant; but on his petition the 1 Edw. VI., he was restored in blood by act of parliament, 1547, whereby it was enacted " that he and the heirs male of his body should have, hold, enjoy, and bear the name and dignity, state and pre-eminence of a baron of the realm ;" whereby a new barony of Lumley was created, and limited by express words to the said John in tail male; the ancient barony remaining vested in the crown, by reason of the attainder of George his father. This John lord Lumley, afterwards lived in great honour and public estimation : his first wife was Jane, eldest of the two daughters and coheirs of Henry Eitz-Alan, earl of Arundel, by which lady he had issue Charles, Thomas, and Mary, who died in their infancy ; his second wife was Elizabeth, daughter of John lord Darcy, of Chich, who survived liim s. p. ; not having any surviving issue, the barony created in him upon his death in 1609 became extinct. In March, 1 723, the Rev. Dr. Lloyd, of Cheam, Surrey, as heir general of Barbara 303 BARONIA ANGLieA CONCENTRATA. Lumley, sister and heir of the aforesaid John lord Lumley, by her husband Humphrey Lloyd, esq., claimed the barony of Lumley, setting forth that he was heir general in descent from Ralph Lumley, summoned to parliament by writ the 8 Ric. IL His peti- tion was referred to the house of lords, when their lordships resolved " that he, the petitioner, had not any right to a writ of summons to parliament as prayed by his petition." The report of their lordships, recites, viz : " That by the act of parliament of 1 Edw. VL, a new barony of Lumley was created, and limited by express words to John lord Lumley, in tail male ; and that upon his death without issue male, it became extinct." " That the attainder of George Lumley is not reversed by the said act, but remains yet in force, and that the restitution of John lord Lumley in blood only, while the at- tainder remains unreversed, could not possibly revive the ancient barony, which was before merged in the crown, in consequence of that attainder." Dr. Lloyd having been opposed by the earl of Scarborough, the heir male of the Lumley family, the following extract from the codicil to his wiU, dated 29 Dec, 1729, will show how he resented that opposition, viz : " I give to the right hon. the earl o f Scarborough the body of Richard Lumley, knight, late viscount Waterford, in Ireland, with the leaden coffin in which the same is enclosed, now deposited in the vault, or burying place belonging to our family, in or near the parish church of Cheam afore- said ; with full liberty to transport and carry away the same, and make such use thereof as he shall think fit." Dr. Lloyd had three sisters, Elizabeth, Susan, and Catharine ; in whom, with him- self, was centred the representation of the elder branch of the Lumley family. LUTEREL.— (45 Hen. III. and 22 Edw. I.) * Claus. 14 Andrew, son and heir of GefFery Luterel* by Trethesenta his wife, daughter and coheir Hen. III., m. ^q William Pagnel, lord of Irnham, in the county of Lincoln, by Avicia his wife, widow of William de Courcy, was one of those eminent persons, who as a baron, was summoned t Claus. Rot. to attend a parliament called by the king's writ to meet in London the 45 Hen. IILf m. .,m orso jj^ jj^j shortly afterwards, 49 Hen. III., and was succeeded by Geffery de Luterel his son and heir, who not being compos mentis, the custody of his person was given to Alexander his brother ; and William de Gray, whose daughter he had married, had the tuition of his children. ' Robert de Luterel, his son and heir, held Irnham per baroniam, and had summons to parliament the 22 and 23 Edw. I.; but this last parUament was prorogued, of which J Dagd. Lists he was informed. t Shortly after this he deceased, the 25 Edw. I., being then seised of Hoton PaineU, in the county of York, and of Irnham, in the county of Lincoln. BARONIA ANGLICA CONCENTRATA. 803 Geffery Luterel, his son and heir, never had summons to parliament, nor any of his descendants ; but in 1768, a junior branch of this family, Simon Luterel, whose sister married His Royal Highness the duke of Cumberland, brother to his majesty George III., was created baron Irnham, of Luttrelstown, in Ireland ; in 1781 was made viscount Carhampton, of Castlehaven; and 1785 was advanced to the dignity of earl of Carhampton. Gefferey de Luterel, ol). 2 Hen. III.=fTrethesenta, daughter and coheir of William Paynel. Andrew son and heir, summoned to parliament=f=Petronella, daughter of Philip Mare, 45 Hen. III., ob. 49 Hen. III. I Uving 3 Edw. I. 1 . Geffery, non compos=p daughter of 2. Alexander, guardian of Geffery, had East Quantockshead, mentis, 58 Hen. III. I William de Gray. in the county of Somerset, by grant of his father. Roijert, summoned to parliament 22 and 23 Edw. I., ob. 25 Edw. I.-pJoanna I H Geffery .^pAgnes Guy. r ' 1 Andrew, she Andreas.=pHawisia Geffery .=Constantia, dau. of Geoffery Scroope. ' . Andrew, ob. 21 Richard II.- I 1 Geffery, dead=Maria, living " (2nd. husband) Godfrey^Hawisia Luterel,-r(lst. husband) 7 Hen. V. Hen. V. de Hilton, 6 Hen. V. | sister and heir. I Thomas Belesby. I -^ ^ Godfrey son and =?= Thomas Belesby, infra Elizabeth, sister & heir, mar. John Pygot. heir, 1 Edw. IV. setatem,! Hen. VI. (Fin. Rot. 8 Hen. VJ., m. 16.; I 1 Godfrey, son and heir, 12 Edw. IV. Elizabeth Hilton, daughter and heir, married Richard Thymelby. MALTRAVERS.— (4 Edw. III.) The account of this family in Dugdale's Baronage is very unconnected, as observed by Mr. Hutchins, in his History of Dorsetshire,* who says, it is not drawn up with the usual * V. ii.,p. 113 accuracy of that celebrated baronagian. But, as to reconcile differences of statement with regard to the more early descents, before any one had summons to parliament to obtain baronial rank, is not relevant to the subject of this work, it may suffice to state that John Maltravers, and John his son, were both summoned by the distinctions of senior and junior, to attend at Carlisle, eqnis et armis, the 1 Edw. III. ;t but that t Dugd. Lists summons was manifestly not a call to parliament. In the 4 Edw. III., by writ dated 25 of January, John Maltravers, with the addition of junior, was summoned to a parliament to assemble at Winchester, and by a writ dated the 15 of June, the same year, John Maltravers, without distinction, was summoned to a great council to be holden at Oseney,t + ibid, which seems to indicate that it was the father, and 7iot the son, to whom that writ was addressed ; and by another writ dated 2.3 October, the same 4 Edw. III., John Maltra- vers, with the addition of junior, was summoned to a parliament to meet at Westminster.§ § ibid. 304 BARONIA ANGLICA CONCENTRATA. From this last mentioned period the name is not mentioned in any summons till by writ dated 15 November, 25 Edw. III., John Maltravers is summoned to a parliament to be holden at Westminster. The next mention of the name is in the 35 Edw. III., when by writ dated the 15th of March, John Maltravers is summoned with others, to attend a council at Westminster, on the troubled state of Ireland, he being possessed of lands in that country. John Maltravers, the son, died in the lifetime of his father, the 23 Edw. III., so that the subsequent writs of the 25 and 35 Edw. III. must have been addressed to the father who did not die till the 38 Edw. III., then leaving Joane, the wife of John de Kaynes, eet. twenty-two, and Eleanor the wife of John, the second son of Richard, earl of Arundel, set. nineteen, his granddaughters and heirs. John Maltravers, summoned equis et armis to CarUsle,^Ela, dau. of Maurice 1 Edw. III., ob. 38 Edw. 111.— Esch., no. 27. Berkeley. John, summoned with his father 1 Edw. III., ob. vi. pat. 23 Edw. III.=^Wentliana I 1 1 Henry, ob. vi. avi, s.p. Joane, m. 1st Robert Roos, 2nd John de Kaynes, s.p. Eleanor, sole heir.-pJohn Fitz Alan. I ' John de Arundel, sive Fitz Alan. , I John Fitz Alan, succeeded to the Earldom of Arundel. FITZ-ALAN, SIVE ARUNDEL, BARON MALTRAVERS.— (1 Richard II.) John Fitz-Alan, having married Eleanor, the heiress of the barony of Maltavers, (if such it was) had summons to parliament the 1 Ric. II., as John de Arundel, and so in the 2 and 3 Ric. II., which writs were probably in consequence of his said marriage; but not having allusion in them to the Maltravers barony, they purport to have created in him a new personal barony of de Arundel, although he is frequently styled lord Mal- travers. John Fitz-Alan his grandson, eventually succeeded to the earldom of Arundel, as heir male of entail, on which event the said barony of de Arundel became merged in the earldom, but he never had summons to parliament by either dignity. John Fitz-Alan, or de Arundel, his son and heir, the 7 Hen. VI., was summoned to parliament as " John Arundel de Arundel, Chiv', without any reference to the Maltravers title. In the 11 Hen. VI. he petioned to be summoned as earl of Arundel, and con- sidered as earl by tenure of the castle, which was allowed, but he was never summoned after, either as a baron, or an earl. He died in 1434, and was succeeded by his son Humphry, who died shortly after, in 1437, s.p., and was succeeded by his uncle William, who died in 1487, leaving Thomas his son and heir, which BARONIA ANGLICA CONCENTRATA. 305 Thomas earl of Arundel had summons to parliament in the lifetime of his father, Ijy writ, " ThomcR Arundel de Mautr avers Militi," in the 22 Edw. IV., the 1 Ric. III., and the 1 Hen. VII., being the first connection of the name of Arundel with that of Maltra- vers. He died in 1524, leaving William Fitz-Alan, earl of Arundel, his son and heir, who died in 1543, having had issue Henry his son and heir, who, in his lifetime had summons to parliament from the 25 to the 35 Hen. VIII., as "Henry Fitz-Alan de Matravers. This Henry having succeeded his father in the earldom of Arundel, was the last earl of his name and family. He died in 1579, leaving only female issue, two daughters, who were his coheirs : of these, Joane married John lord Lumley, and had two sons and a daughter, who died in their infancy; Mary the other daughter and coheir married Thomas Howard, fourth duke of Norfolk ; and, having by the failure of issue from her sister Joane, lady Lumley, become sole heir of Henry earl of Arundel, and baron De Arundel, de Maltra- vers, she carried the earldom and that barony into the Howard family.^ Thomas duke of Norfolk being afterwards beheaded and attainted, all his honours became forfeited ; but the earldom of Arundel, annexed to the tenure and possession of the castle, with the barony of Arundel de Maltravers, belonging to the inheritance of his wife, descended to her son and heir Philip Howard, who thereupon became earl of Arundel. He was attainted in 1590, but was not executed, and died a prisoner in the Tower. Thomas, son and heir of Philip, was restored in blood to all such honours as his father had enjoyed ; and likewise as earl of Surrey ; and to such dignities of baronies as Thomas duke of Norfolk, his grandfather, lost by his attainder. And by act of parlia- ment the 3 Car. I., (1627,) the earldom of Arundel, with the titles and dignities of the baronies of Fitz-Alan, Clun, and Oswaldestre,'' and Maltravers were annexed to the title, honour, and dignity of the earl of Arundel, and together with the earldom, were settled upon him and the heirs male of his body ; and in default upon the heirs of his body ; and in default upon a series of heirs male of other branches of the Howard family : and under these limitations the aforesaid titles and honours have since continued to descend. It may here be considered how far the barony of Arundel de Maltravers, or Maltra- vers, (which are the same,) having its origin by writ of summons, and as such descendable ^ It does not appear how, or when, the castle of Arundel was made descendable to an heir female, it having come to John Fitz Alan, grandson to John who married the heiress of Maltravers, by virtue of a fine and settlement made in favour of the heir male, in prejudice to the daughters and coheirs of Richard, earl of Arundel, and sisters and coheirs to Thomas, earl of Arundel, who died s.p. the 3 king Hen. V. •>' Fitz-Alan, Clun, and Oswaldestre were never distinct baronies. Fitz Alan was the mere name of the lord of these territories ; and Fitz Alan was never summoned to parUament so as to acquire a barony by writ descendable in blood. All the territorial lordships of the family might have been designated with equal propriety of dignities. VOL. I P p S06 BARONIA ANGLICA CONCENTRATA. to heirs general, is affected by the annexation of it to the course of limitation prescribed by the act of parliament ; and whether such limitation by making a different course of descent is not thereby the creation of a new barony of Maltravers. Under the original descent, the lords Stourton and Petre would be the coheirs thereto. Thomas Howard, grandson of the said Thomas earl of Arundel, by act of parliament 29 Dec, 1660, was restored to the dukedom of Norfolk, with the precedence of his ances- tor John duke of Norfolk, first created by king Richard III.; which act was afterwards confirmed by another act, settling the succession upon the heirs male of the bodies of * Vide Coll. numerous branches of the Howard family.* Peer., vol. i., all editions. MANNERS OF HADDON.— (31 Charles II.) John Manners, son and heir apparent of John, eighth earl of Rutland, had summons to parliament vita patris, as '^ John Manners de Haddon Chiv'" and was introduced, and t Journ. Dom. took his Seat 2 May, 1679.t This summons of creation appears to have originated from '°"' the barony of Ros, having been separated from the Manners family, in the way which X Vide Ro6. wiU be found detailed under the article of Ros. J This John succeeded his father as the ninth earl of Rutland, and was afterwards, in 1703, created marquess of Granby, and duke of Rutland, in which dignity this barony is now merged. MANNY.— (21 Edw. III.) Walter de Manny, (an alien in the diocessof Cambray) was one of the most eminent commanders in the wars of France, temp. Edw. III., was in the famous battle of Cressy, and at the winning of Calais, where the king himself, and the prince, fought under his banner. He was a knight of the Garter, and had summons to parhament among the barons of the realm from the 21 to the 44 Edw. III., and dying the 46 of the same reign, was buried in the monastery of the Carthusians (now commonly called the Charter House) § Dug. Bar. which he had founded.^ He married Margaret, daughter and coheir of Thomas of Bro- i?o.u.,p. . j.j^gj.jQjj^ ggj] q£ Norfolk, (widow of John de Segrave) and had issue a son Thomas, (un- II Sandford's noticed by Dugdale) who was drowned in a well at Deptford in his childhood,|| and a rt^aiTw^ever daughter Anne, his heir, who married John de Hastings, second earl of Pembroke, whose p. 433. son John, the third earl, dying s.p., the barony of Manny became extinct. MARMYUN of SCRIVELSBY.— (45 Hen. III.) "• ' Philip de Marmvun had summons to that parliament which was called by writ to L^aTbfrB!' nieet in London the 45 Hen. III.,1 but died the 20 Edw. I., before any regular series of BARONIA ANGLICA CONCENTRATA. 30? summons is to be found on record. He steadily supported the king during his conten- tion with the rebel barons under Simon de Montfort; and on the surrender of Kenilworth castle was appointed governor thereof. At the time of his decease he was found by inquisition* to hold the castle of Tamworth bv knight's service, finding three soldiers for * ^^^^- ^0 . , .JO'S gj^ j^ jj 35 thirty days at his own expense for the wars in Wales ; and to hold the manor of Scrivelsby in the county of Lincoln, /?er haroniam, and in grand serjeanty, by the service of being champion to the king's of England on their coronation day. By his first wife Joane, youngest daughter and coheir to Hugh de Kilpec,t he had issue Joane, who married t Fin. Rot. 28 William Mortein, s.p.; Mazera, who married Ralph de Cromwell; and Maud, who married ^"' ■""' Ralph Boteler. By his second wife, Mary Cantilupe, he had issue an only daughter, also named Joane, aet. eight at her father's death ; to her, in the divison of the estates, the manor and barony of Scrivelsby was assigned. She married to her second husband, Henry Hilary ; but to her first husband, Sir Thomas de Ludlowe, by whom she had issue a son and heir Thomas, whose only daughter and heir Margaret married Sir John Dy- moke, knight, who thereby acquired the manor and barony of Scrivelsby, in right whereof he performed the office of king's champion on the coronation day of Ric. II. J % Coroo. Rot. From that period to the present day the manor and barony of Scrivelsby have contin- vide vol. ii! ued in the possession of the Dymoke family, and the office of king's champion has been executed personally by them at every coronation which has beeii celebrated, § h Vide Coron. Rot. Regum. MARMYUN OF WITRINGHAM.— (22 Edw. I.) John Marmyun, grandson of Robert Marmyun, a younger half brother of Robert the father of Philip, held Witringham and other lands in the county of Lincoln ; and also West and East Tanfield, with divers manors in the county of York. He had summons to parUament the 22 and 25 Edw. I., and afterwards from the 7 to the 20 Edw. II., ac- cording to Dugdale's Index to his Lists of Summons ; but on referring to the writs of the several intervening years, the name of John Marmyun only appears in the 1, 14, 15, and 20 Edw. II.,|| as he is said to have died the 16 Edw. II., the summons of the 20th II Dug- Li«t« must apply to John his son, which John Marmyun had summons from the said 20 Edw. II. to the 9 Edw. III., inclu- sive, about which time he deceased, leaving two daughters, and Robert his son and heir, who never had summons to parliament, and died s.p., when his two sisters became his coheirs ; of which, Joane married Sir John Bernack, knight, and Avice married Sir John Grey, of RotherfieldjH to whom she was second wife. The \ Vide Grey said Robert Marmyun being very infirm, and not having any issue, and being desirous for °' ""'"Brfield. the continuance of his name, by the advice of his friends, married his sister Avice to Sir 308 BABONIA ANGLICA CONCENTRATA. John Grey, and settled his lands on condition that their issue should take the name of Marmyun. None of this line however had summons to parliament by the Marmy untitle. John Marmyun, summoned to parliament 22 Edw. I., ob. 16 Edw. 11.^ John, second baron, ob. 9 Edw. lII.=i=Maud, daughter of Lord Fumival. Robert, 3rd baron, Joane, sister and coheir, married Avice, sister and=pJohn Lord Grey of Rotherfield, ob. s. p. Sir John Bemack, Knt. coheir. | (second wife). John Grey, took the name=Elizabeth, sister to 1. Robert Grey, took the^pLora, dan. and coh. of=j=2. John St. of Marmyun, s. p. Lora St. ftuintin. name of Marmyun. | Herbert St. Quintin.* Quintin. Elizabeth, daughter and heir.^pSir Henry Fitz Hugh. Herbert, s. p. Issue, vide Fitz Hugh. • yide Origirmlia 23 Edw. III., Rot. 22, Ebor.—Lorz, and Elizabeth daughters and heirs of Herbert de St. Quintin. N.B. — In West Tanfieid Church, are, or were several monuments for the Marmyun family. MARMYUN OF TORINGTON.— (49 Hen. III.) William Marmyun, next brother to Robert, the grandfather to John of Witringham, before mentioned, had Torington, in the county of Lincoln, and taking part with the con- federated barons under Simon de Montfort, was so highly estimated, that he was one of those who was summoned to that parliament which they in the king's name called by writ to meet in London the 49 Hen. IIL, after which time no further mention occurs of him, either as to the period of his death, of any marriage, or of any issue ; but under the aforesaid summons, no parliamentary barony can be considered to have been created in him. Robert de Marmyun, temp. William the Conqueror.=pMilicent Robert de Marmyun,* temp. Hen. I., ob. circ. Sept. 1142-3.^Maud de Beanchamp. 1 =pRobert, temp. Hen. II., ob. circ. 2 Hen. III., 1218.^=2. Philippa , relict of Robert ob. 26 Hen. III.^ ". . . Robert, of Witringham. William of Tormton, 49 Hen. III. 1 , I , 1. Joane Kilpec.=T=Philip, ob. 20 Edw. 1.^2. Mary Cantilupe. William. I 1 • 1 1 1 Joane, m. Wm. Mor- Mazera, m. Ralph Maud, married 1. Thomas=pJoane, obiitT=2. Henry Johnsumm.to tein, ob. 23 Ed. I., s.p. Cromwell.-, Ralph Boteler. de Ludlow. I 23 Ed. III. 1 Hilary. pari. 22 Ed. I. r •" f I Joane, mar. Alexander FreviUe. Thomas de Ludlow. Edward, ob. vi. pat. — Vide Burton's Leicester, p. 142, I I ^ Placita 21 Edw. III. Margaret, daughter and heir, married Sir John Dymoke, a qjjo Sir Henry Dymoke, Bart., qui nunc est. • He held the Caele ofFontney in Normandy, temp, king Stephen ; there is a small town called Fontney le Marmyun, near Caen. BARONIA ANGLICA CONCKNTRATA. 309 MARESCHALL, OR MARSHALL, OF HENGHAM.— (45 Hen. IIL AND 2 Edw. IL) John Mareschall, called by Dugdale nephew to William, earl of Pembroke, married Aliva, one of the daughters, and coheirs of Hubert de Rie, baron of Hengham, in the county of Norfolk, and thereby acquired that lordship or barony. He had issue John his successor, who died s.p., and William, heir to his brother,* which * Blom. Norf. William Mareschall had summons to that parliament which was called by the king's edit! 8vo. writ to meet in London the 45 Hen. IILf He adhered to the rebel barons under t Claus. m. 3, Simon de Montfort, and circ. 50 Hen. IIL died, leaving John his son and heir, which John Mareschall was never summoned to parliament, dying the 12 Edw. L," before any writs are upon record, to evidence such a summons. William his son and heir, at his father's death, was about five years of age ; but after attaining his majority, was, in the 34 Edw. I., in the wars of Scotland ; and afterwards had summons to parliament from the 2 to the 7 Edw. II.,'' when he died, leaving John his son and heir, who died three years after, in the 10 Edw. IL, s.p., leaving Ela his wife surviving, who re-married Robert Fitz Paine, (to whom she was second wife,) and Ha\vyse his sister and heir ; which Hawyse Mareschall married Robert de Morley,J and \vith a great inheritance car- + ^o^- Pari, ried to him also the marshalship of Ireland, which had been granted in fee to her ancestor, m. 8, pars. 2. John de Mareschall, by king John.§ l^^^]- ^ ^°^- MARTIN.— (23 Edw. I.) Nicholas Martin (descended from Martin de Tours, a Norman, who, making a con- quest of Kemeys in Pembrokeshire, obtained that territory) married Maud, daughter of Guy de Brian, by Eve his wife, daughter and heir of Henry de Traci, and by this mar- riage became lord of Barnstaple, and other large possessions in the county of Devon. His grandson, William Martin (son of Nicholas, who died vi. pat.) had summons to parliament a In Salmon's Hertfordshire, (p. 192,) it is said that Christian, daughter and heir of Robert Fitz Walter, by Devorguil, daughter and coheir of John de Burgh de Lanvallei, married Mareschall ; whose son William had issue John, s. p. ; and, Hawyse, who married Robert Morley. ^ Though the name of William Mareschall does not appear in any writ of summons during the reign of Edw. I., yet he is mentioned as having subscribed the letter to the pope, in the parliament at Lincoln, 29 Edw. I., being then designated " Willielmm Mareschatlus Dominm de Hengham." — (Vide Dugdale's Lilts of Summons.) 310 BARONIA ANGLICA CONCENTRATA. from the 23 Edw. I. to the 18 Edw. II., at whose coronation he was one of the nobles r £°''°°,'t^'"" summoned to attend.* ' ->. 1 Edw. II. In the 29 Edw. I. he was among those who at the parliament at Lincoln subscribed the famous letter to the pope, being then designated " Willielmus Martin Dominus de Camesio." He died circ. 18 Edw. II., leaving^ William Martin his son and heir, who, unless the summons of the 19 Edw. II. applied to him, never had summons to parlia- ment, but died s.p., according to Dugdale, the next year, (i. e., after his father) leaving Eleanor his sister then married to William de Columbers, aged forty, and James the son of Nicholas de Audley, by Joane his other sister, at that time aged fourteen, his heirs. William Martin, summoned to parliament 23 Edw. I.^Eleanor, daughter of William de Mohun. r ; r ' ■^ William, son and heir, Eleanor, sister and heir, married Nicholas de-pjoane, sister and ob. s. p. William de Columbers,* s. p. Audley. coheir. 1. Joane Mortimer .=pjames de Audley, ob. 9 Rie. II.=f=2. Isabel. r -r -r ' 1 Nicholas Lord Audley, Joane,t married Margaret.f married Sir Margaret.f married Fulke, son ob. 15 Ric. II., s. p. John Tuchet. Roger Hilary, Knt. of Fulke Fitz Warine. * The name of William Columbers is here mentioned from Dug-dale having- so staled it under the article of Martin ; while under Columbers and Audley he expressly calls him Philip ; which more correctly is considered to have been his right name. — (Vide Philip de Columbers Estreats 19 Edw. II.) Sir Harris Nicolas in his Synopsis has followed Dugdale in the name of William Columbers. t Between the heirs representative of these three daug-hters and coheirs the barony of Martin is in abeyance, it never having' been determined by the Audley barony going into the descendants of Sir John Tuchet. MAUDUIT, WILLIAM.— (45 He.n. III.) Of this family there were divers branches, but their connection with each other is very confusedly given by Dugdale. " William Mauduit was chamberlain to king Hen. I., and marrying Maud, daughter of Michael Hanslape, acquired with her the barony of Hanslape, in the county of Buck- t Dug. Bar., ingham.f He most probably was the progenitor of all the other houses, and by his great ' ''"' ■ power enabled to settle them in the large possessions which they held in divers counties. From him descended William Mauduit, who married Alice, daughter of Walteran earl of Warwick, and t Each. u. 22. died the 41 Hen. III.,t leaving William his son and heir, which ' Vide Pat. Rot., 25 Edw. I., m. 1., part 2. — A treaty for marriage of Edward, son and heir of William Mar- tin, lord of Kemeys, with Janetta, daughter of John Lord Hastings ; and of Alianore, daughter of the said William, with WiUiam son and heir of the said Lord Hastings ; it may therefore be assumed that the said Edward died vita patris, before any marriage took place ; or otherwise s.p. It also appears that this William had a second wife, Margaret, who survived him, and re-married with Robert de Wateville; unless William his son, who died so soon after him. — (Esir. 19 Edw. II., Rot. 28.J BARONIA ANGLICA CONCENTRATA. 311 William Mauduit appears to be the same who by the name of IVilHam Mauduit de Helmsley, had summons to that parliament which was called by writ to meet in London the 45 Hen. III.,* after which in ridit of his mother he became earl of Warwick, but * Claus. m. 3 .in Uorso. died the 52 Hen. III., when William Beauchamp, son of his sister Isabel, succeeded him in the inheritance of the earldom of Warwick, as also of his other estates. MAUDUIT, (JOHN).— (16 Edw. III.) Of this John Mauduit, Dugdale observes,t tliat he was cousin and heir to another John, t Dug- Bar., but who that John was, he makes not any mention. By the name of John Mauduit he had summons to a great council to be holden at Westminster, the 16 Edw. III., J after + Dug. Lists when he is not any more noticed by any similar writ, nor any of his descendants. He died the 21 Edw. III., being then seised, with Agnes his vnie, of the manor of Somer- ford Mauduit, in the county of Wilts, where his residence was, and of other lands in the same county, leaving John, his son and heir, aged fifteeen. MAULEY.— (45 Hen. III., and 23 Edw. I.) Peter de Mauley, a Poictevin, obtained the barony of Midgrave, in the county of York, by marriage with Isabel, daughter and heir of Robert de Turnham, by Joan his wife, daughter and heir of William Fossard, lord of Doncaster, in the county of York, which lordship the said Peter also acquired. Peter de Mauley, his son, (called Peter the second) married Joan, daughter of Peter de Brus, of Skelton, and died the 26 Hen. III., leaving Peter de Mauley, (the third) his son and heir, who was summoned to that parliament called by the king's writ§ to meet in London the 45 Hen. III. He married Nichola, § ciaus. m.in daughter of Gilbert, son of Gilbert de Gant, earl of Lincoln, and was succeeded by his °'^' son and heir Peter de Mauley, (the fourth) who the 7 Edw. I., doing his homage, and paying one hundred pounds for his relief, had livery of all his lands, which he held of the king in capite, by barony of the inheritance, of William de Fossard, and had summons to parlia- ment from the 23 Edw. I. to the 3 Edw. II., at whose coronation he was one of the barons summoned to attend. In the 29 Edw. I. though not summoned to the parliament at Lincoln, he was among those who had their seals affixed to the letter to the pope, being designated " Petrus de Malolacu de Mulgrave." He died 3 Edw. II., leaving by Eleanor his wife, daughter of Thomas lord Furnival. 312 BARONIA ANGLICA CONCENTRATA. Peter de Mauley (the fifth) his son and heir, who had summons to parliament from the 5 Edw. II. to the 9 Edw. III. as Peter de Mauley; and from the 9 to the 28 Edw. III. as Peter de Mauley Le quints He died the 29 Edw. III., having had issue by * Orig. Margaret his wife, daughter of Robert lord de Clifford, who survived him.* 46 Eidwi III. Rot. 37, Ebor. Peter de Mauley, his son and heir, who had summons to parliament from the 29 Edw. III., to the 6 Richard II., as Peter de Mauley le sisnie, (the sixth) excepting in some of the latter writs. He was twice married ; his second wife was Constance, one of the daughters and t Vide coheirs of Thomas de Sutton, of Holdernesse,t whom he left surviving ; his first wife was Ehzabeth, daughter of Nicholas lord Meinell, widow of John lord Darcy, by whom he had a son Peter, who died in his lifetime, leaving by Margery his wife, another of the daugh- ters and coheirs of Thomas de Sutton, of Holdernesse, a son Peter and two daughters, viz : Constance and Ehzabeth. Deceasing the 6 Ric. II. he was succeeded by the said Peter de Mauley his grandson and heir, who had summons from the 22 Ric. II. to the 3 Hen. V., when he died. He married Maud, daughter of Ralph Nevill, earl of Westmorland ; but not having any issue, his two sisters, (before mentioned) became his coheirs in the barony of Mauley of Malgrave, and in the moiety of the barony of Sut- ton of Holdrnesse ; of these, Constance married, first, Wilham Fairfax, s.p.; and secondly. Sir John Bigot, knight, and had issue ; and Ehzabeth married George Salvin, or Sal- vaine, esq., and also had issue. Peter de Mauley, the 7th, ob. vi. pat.^Margery, daughter and coheir of Thomas de Sutton, of Holdernesse. , 1 I 1 I Peter, the 8th & last bar- Constance, sister &coh.; Ist-pSir John Bigot, Knt, 2nd hus., Elizabeth, sis— ^-George Sal- on, ob. 3 Hen. V., s.p. hus., WiUiam Fairfax, s.p. of Moulgrave, jure uxoris. ter and coh. I vaine,Esq.* Francis, son & heir, s.p. Ralph, slain at Towton.^j^Anne, dau. of Lord Greystoke. Sir John Salvaine. John, slain with his father. ^Elizabeth, daughter of Henry Lord Scrope, of Bolton. Thomas Salvaine. I ' I Ralph, of Moulgrave.^pMargaret, daughter of Sir Robert, and cousin Sir Ralph Salvaine. BscA., 6 Hen. VIII. and heir of Sir Ralph Constable, Knt. I John Bigot, ob. vi. pat.=pJoane, daughter of Sir James Strangeways, Knt. George Salvaine. -1 H Francis, attainted 29 Hen. VIIL,=pCatherine, dau. of William Lord Sir Francis Salvaine ob. 18 queen EUzabeth. I Conyers, ob. 5 queen Elizabeth. | -| Ralph, son and heir, restored in Dorothy Bigot, sister and heir married Ralph.^. . . . Anne. Margaret, blood, 3 Edw. VI. — Vide Rot. Roger Radcliife, who was of MoiJgrave j Jane. Elizabeth. Pari, ejusd. ann. — s. p. Castle, in her right, ob. 30 Elizabeth. | I ' Ralph Salvaine, of Ugthoqje, claimed in 1C23 the manor of Doncaster against the burgesses, which claim was com- promised.— Ftrfe Hunter' s Deaneri/ of Doncaster, vol. I., p. 24. • In the division of the inheritance it appears tliat Sir John Bi^ot had Moulgrave Castle, &c. ; and George Salvaine the manor and lordship of Doncaster, which had been the barony of Fossard. Wainwright, in hi 9 history of Doncaster, (p. 26,) states that Sir John Salvaine, of New Bio^gin, (son of George) who died in 1471, sold Doncaster to Henry Percy, second earl of Northumberland. » This distinction did not mean the fifth baron, but the fifth of the name of Peter, which was the continued name of the family. BARONIA ANGLICA CONCENTRATA. 313 MEINILL.— (22 Edw. I.) Nicholas Meinill held the manor and castle of Wherlton, in the county of York, per baroniam, and had summons to parliament from the 22 to the 25 Edw. I. In the 26 Edw. I. he had summons equis et armis to Newcastle-upon-Tyne, being in the writ styled a baron, those who were then summoned being on that occasion designated by their rank of earls, or barons. He was again summoned the 27 Edw. I., and died about that year,* leaving by Christian* his wife, who survived him, Nicholas, aged twenty -four, * Esch., and John, afterwards heir to his brother, which „ 3g ^^f^r, Nicholas Meinill had summons from the 6 to the 15 Edw. II. inclusive, in which year he died, leaving John his brother and heir, aged forty.f By Lucie, daughter and + Esch., heir of Robert de Thwenge, his concubine, he had a son Nicholas, who was the founder „. 21. of the next barony of Meinill. NICHOLAS MEINELL (NOTHUS).— (9 Edw. III.) Nicholas Meinill, natural son of the last baron, had summons to parliament from the 9 to the 16 Edw. III. inclusive, and died the same year, leaving issue by Alice his wife, daughter of William lord Ros, or Roos, of Hamlake, Elizabeth his daughter and heir, which Elizabeth Meinill married first, John lord Darcy, and secondly, Peter de Mauley le sisme,t and had issue by both husbands. She |died the 42 Edw. III., leaving Philip j Vide Mauley Darcy, her son and heir, aged fifteen, whose great-grandson Philip left issue two daugh- ters and coheirs, whereof, Elizabeth married Sir James Strangeways ; and Margaret mar- ried Sir John Coniers ; between whose descendants the barony of Meinill, if it can be considered one created by the writs of summons to Nicholas Meinill, the bastard, in the reign of Edw. III., may be deemed to be in abeyance,§ and that abeyance not terminated, § vide Darcy. though Conyers Darcy, the second baron Darcy, under the patent of 10 August, 1641, and baron Coniers in right of his grandfather, was styled Baron de Darcie and Meinill, probably from a supposition that the patent which restored the barony of Darcy, com- prehended also that of Meinill. The assumption therefore of the Meinill title seems manifestly without any legal authority. Sir Harris Nicolas, following Dugdale,|| has in his Peerage Sjmopsis made three baronies n Dngd. Bar., V. ii., p 110. "■ She was accused by her husband with an attempt to poison him ; but sh^ proved her innocence, though he would not be reconciled to her, and she was obliged to sue for alimony. — (Vide Each., 28 Edw, I., n. 28. De dote assignanda.J VOL. I. Q q 314 BARONIA ANGLICA CONCENTKATA. * of Meinill, viz : the first in Nicholas, summoned the 22 Edw. I., who he says died s.p.; Synop., (.jjg second in Nicholas, called by him* natural son of the preceeding, and who he says died s.p.; the third barony in this Nicholas, whose connection with the others is not mentioned. But as Nicholas who was summoned the 22 Edw. I. had issue as before stated, a son Nicholas, who was also summoned to divers parliaments, and died s.p.l., leaving John his brother and heir, this first barony may be presumed to be equally as much a personal and descendable honor, as that of the illegitimate Nicholas, summoned the 9 Edw. III. Nicholas Meinill, summoned to parliament 22 Edw. I.,^Chistiana , — Vide Eseh. 28 ob. circ. 27 or 28. — Esch. 28 Edtv. I., n. 38, Ebor. \ Edw. I., n. 28., de dote assignanda. I ^ ' 1 Nicholas, sum. to pari, from the-^=Lucie de John MeiniU,=f:Catherine, ob. Christiana m. 1st, Tho. de Spro-xton, 6tothel5Edw. II., ob. s.p.l., j Thwenge. brother and 19 Edw. III. co. Ebor. ; 2ndly, Roger, son of Wm. 15 Edw. II.— £scA. !j. 21. S (Concub.) heir, at. 40. {Esch.n.il. de Cressy, of Hodsack, co. Notts. I I r 1 Nicholas, (nothus,) sum. 9 Edw. III.,=pAlicia de Roos, ob. 16 John Meinill, ob. vi. pat, ob. 10 Edw. m.—Esch. n. 47, Ebor. I Edw. \\\.—Esch. Esch. 5 Edw. III. I I 1 1. Johu=f=Elizabeth, dau. and=^2. Peter de John, son and 1. Robert de=2. Walter-pAlicia, sister-i-S. William lord Darcy. heir, ob. 42 Edw. Wl.—Esch. n. 44. Mauley, le heir, ob. s.p. Boulton, s. p. Boynton. | and heir. sisme. r _j r 3. Percy. Philap lord Darcy, seta- Peter de Mauley. Walter Boynton, ob. William Margaret, sister and heir, tis 15. (Vide Darcy.) (Vide Mauley.) 15 Richard II. s p.* Percy, s.p. mar. Thos. Blanfront.-j John Blanfront. — Clans. 1 Heti. IV. • He had the manor of Castle Levington, but dying s.p., it went to his half brother, William Percy, who dying also s.p., hie sister Margaret became his heir. — Vide Vincent, b. 2. 179, in Coll. Arm., and Brook's MSS. HUGH DE MEINELL.— (I Edw. III.) t Bar., V. ii., DuGDALEf notices a Hugh de Meinell, who the 18 Edw. II., received the order of ^' ' knighthood by bathing; and the 1 Edw. III. had summons to parliament among the barons of the realm, but not after. On referring to the writ this appears erroneous, as the name of Hugh de Meinell does not have place in either of the writs of summons to parliament of that year, and is only contained in the writ eguis et armis to Newcastle- upon-Tyne. Who he was, or how descended, the same author does not state, but says "I pre- sume fie was of this family," (i. e. the barons before noticed) " but further I cannot say of X Ibid. him, than that he married Alice, widow of Ralph lord Basset. "% In the early part of the pedigree of the family, there is mention of Hugh de Meinell, BARONIA ANGLICA CONCENTRATA. 315 of Hilton, as uncle to Nicholas, the first summoned to parliament the 22 Edw. I. ; but he, from length of time, could not be this Hugh, who, not improbably, was a son of Hugh, of Hilton, who by grant of his brother William, dated in 1203, obtained that manor juxta Rudby. MOELS.— (25 Edw. I.) Nicholas de Moels having married Hawyse, daughter and coheir of James de New- march, became possessed of the lordships of Cadebury and Maperton, in the county of Somerset, as also of other lands and manors in several counties, part of the barony of Newmarch.* He was a great soldier and statesman temp. Hen. HI. * Testa de John de Moels, grandson of Nicholas, was first summoned to parliament the 25 ^v , p. 7 . Edw. I.,* and again the 27th ; but was not summoned after in that reign. He was not summoned to the parliament at Lincoln the 29 Edw. I.,'' yet his seal was affixed to the memorable letter then written to the pope, on which occasion he is styled " Johannes de Moels de Cadbury." His name appears in the writs of summons of the 2, 3, and 4 Edw. n. ; but according to Dugdale,t citing the Escheats of that year,| he died the 3 j. g^^. Edw. II., leaving ^- >•- P- 620. - . . . , • • J No. 32. Nicholas de Moels his son and heir aet. twenty, who the next year doing his homage, had livery of his lands, and had summons to parliament the 5, 8, and 9 Edw. II., in which last year he deceased, leaving Margaret his wife, daughter of Sir Hugh Courtenay (sister to Hugh, earl of Devon), surviving, and Roger his son and heir set. twenty;' which Roger died the 19 Edw. II., s.p.,§ leaving ^ ^^^ ^^^^ John de Moels his brother and heir, who never had summons to parliament. He '^- i- P- 620. married Joane, daughter of Sir Richard Lovel of Castle Gary, and died the 11 Edw. III., leaving Muriel and Isabel his daughters and coheirs, in whose representatives the barony is in abeyance, the same never having been determined. " Sir Harris Nicolas, in his Synopsis, says it is doubtful if that writ was a regular summons to parliament ; but it appears there was a parliament holden the 25 Edw. I., in which the great charter, and charter of the forests were confirmed. ^ At this time he was in the wars of Scotland. There appears a great doubt as to Roger being the son of Nicholas ; for if Nicholas was only aged twenty the 3 Edw. II., he could not have a son Roger to be twenty years old, when he the said Nicholas died the 9 Edw. II. The descent more likely is : — John de Moels, summoned to parliament 25 Edw. I., ob. 3 or 4 Edw. II.t= Nicholas, summoned to parliament, Roger, eetatis 20, 9 Edw. II., John, brother andheir,=^. 5Edw. 11., ob. 9Edw. II. s.p. ob. 19 Edw. II., s.p. ob. 11 Edw. III. I 1 ■ ' Muriel, daughter and coheir. Isabel, daughter and coheir. 316 BARONIA ANGLICA CONCENTRATA John de Moels, ob. 11 Edw. III.=pJoane Lovel. I 1 Muriel, daughter and coheir.^Sir Thomas Courteney. William de Botreaux.-j-Isabel, daughter and coheir. Hugh, s.p. Margaret ^Thomas Muriel, coheir to a moiety of a moiety William Lord botreaux, sole heir to this Courteney. j Peverel. of the barony, married John Dinham. moiety of the barony. — (Vide Botreaux.) r ' 1 Catherine married Walter Hungerford. — (Vide Hungerford.) Alianor mamed Talbot. MOHUN,— (27 Edw. I.) William de Mohun, the first of the family of whom mention is made, came over with the Conqueror, and for his services obtained among other grants the castle of Dunster, and fifty-five manors or lordships in the county of Somerset, and in other counties. William de Mohun, his grandson, espousing the part of Maud, the empress, in her contention for the crown with king Stephen, is said to have been created by her, earl of Dorset; but as she was never queen de facto, such creation could not be valid. From * Banks's him through several successions,* came Bar™ T " John de Mohun (called John the second), who served often in the wars of Scotlond, and had summons to parliament from the 27 Edw. I. to the 4 Edw. III. In the 29 Edw. I. he was one of the barons who in tlie parliament at Lincoln subscribed the letter t Dug. Lists to the pope, being then designated " Johannes de Mohun Dominus de Dunste7're."-\- At the +^Coron Rot coronation of Edw. II. he was one of the nobles summoned to attend. J He was also 1 Edw. II. summoned to Carlisle, equis et armis, the 26 Edw. I., being in the writ styled a baron, for in that writ the earls and Ijarons were specially distinguished by their respective ranks. He married Auda, daughter of Robert de Tibetot, and dying the 4 Edw. III. was succeeded by John de Mohun, his grandson and heir, (viz., son of John, his eldest son, who died in his lifetime,) at that time in minority, and in ward to Bartholomew de Burghersh, whose daughter Joan he afterwards married. During the reign of Edw. III. he served often in the wars of France and Scotland. He had summons to parliament from the 16 to the 47 Edw. III.; but after the 22 to his last summons, with the addition of De Duns- terre. When he died does not certainly appear ; he, however, had not any issue male, and left three daughters coheiresses to his barony. Of these, Philippa married first Edward Plantagenet, duke of York, s.p.;* Elizabeth married William de Montacute, earl of Salisbury, and had a son William, who died s. p.; Maud, the other daughter, married » According to the inscription on lier tomb, in Westminster Abbey, she married, first, the lord Fitz-Walter ; secondly, Sir John Golafre, knt. ; thirdly, Edward, duke of York.— Leland, (v. iv., p. 5,) states that Sir John Gol- afre was a bastard, and died at WJilingford, A.D. 1396, and was buried in Wesfminsler Abbey. BARONIA ANGLICA CONCENTRATA. 317 John lord Strange, of Knokyn, in whose heirs general the barony of Mohun, by the failure of issue from Philippa, and Elizabeth Mohun is now vested.** * Vide Strange of Knokyn. MOLINES.— (21 Edw. III.) John, son of Vincent Molines and Isabel his wife, of French exti'action, and so called from a town of that name, in the Bourbonnois, had summons to parliament the 21 Edw. III., but never after ; which leaves it doubtful whether any barony was acquired by vir- tue thereof, it having been decided that a single summons without proof of a sitting un- der it, did not constitute a descendable barony, or what is termed a barony in fee.f He t Vide Fres- chcville. married Egidia, cousin and heir of John Mauduit, of Somerford Mauduit, in the county of Wilts, by Margaret his wife, daughter and coheir of Robert Pogeys, of Stoke Fogeys, in the county of Buckingham, and died the 41 Edw. III. William, son and heirj of John, was never summoned to parliament. He died circ. t Orig. 41 4 Richard II., having had issue by Margery his wife, daughter and coheir of Edmund j Bucks.' Bacoun, (with her sister Maud, wife of John de Burghersh,) Richard, his son and heir, which Richard Molines never had summons to parliament, and died shortly after his father, circ. 8 Richard II., leaving Wilbam Molines, his son and heir, who never had summons to parliament, though it is to be observed, that each of the descendants from John, had the title of lord Molines attributed to him. He died the 3 Hen. VI., leaving WilUam his son and heir, which WiUiam MoHnes was afterwards unhappily slain at the seige of Orleans, bearing then the title of lord Molines, (7 Hen. VI.), leaving Alianore, his daughter and sole heir, then only three years old, which Alianore, the 19 Hen. VI., was wife of Robert Hungerford, son and heir apparent of Robert, second baron Hungerford ; after whose death she mar- ried Sir Oliver Manningham, knight, and lies buried at Stoke Pogeys. HUNGERFORD LORD MOLINES.— (23 Hen. VI.) Robert Hungerford having married Alianore Mohnes, had summons to parliament the 23 Hen. VI., by writ addressed "Roberto Hu7igerford, Militi Domino de Moleyns" and similarly in the 25, 27, 28, 29, and 31 Hen. VI., being, as mentioned in the rolls • There appears to have been a contention between the coheirs and John Luterell, temp. Hen. IV., for the cas- tle of Dnnster, which was given in favor of Lutterell, whose family afterwards continued to possess the same. — ( Vide Rot. Pari. v. Hi, p. 577, ( 46 J A.D. 1406. The 6 ood 7 Hen. IV.) 318 BAEONIA ANGLICA CONCENTRATA. * Rot. Pail. T. vi, p. 131. t Vide Has- tings, Botreaux Hungerford, & Moels. of parliament, lord Molyns in right of Alianor his ivife, daughter and heir of Sir William Molyns, late lord Molyns, deceased.* It has been before observed, that there never was but one writ of summons to John Molines, the first of the family of whom memorable notice is made ; and that none of his descendants were ever after summoned to parlia- ment, in which respect it would seem there was not any barony descended to his even- tual heiress Alianor ; and even had there been one, then being a personal honor, ac- cording to the modern practice, there could not be any courtesy to her husband.^ His summons may on this ground be deemed the first creation of an inheritable barony of Molyns. Upon the death of his father, he succeeded to the barony of Hunger- ford, and thus the barony of Molyns became coalesced therewith, and so descended, after several attainders and restorations into the family of Hastings, in which, in the per- son of the present marquess of Hastings, it is now vested, along with that title, and the baronies of Botreaux and Hungerford, with one moiety, and the half of another moiety of the barony of Moels. t MONTACUTE.— (22 Edw. I.) X Coion. Rot. 1 Edw. II. § Dugd. Lists of Summ. II Collins in Manch. Duke- dam. % Chart. 11 Edw.III.,n.55 Simon de Montacute, presumed to be descended from Drogo de Montacute, living temp. Hen. II., was a very eminent person in the reign of Edw. I., and had summons to parliament the 22 Edw. I. ; and afterwards from the 28 to the 9 Edw. II., at whose cor- onation he was also summoned to attend. J In the 29 Edw. I. he was one of the barons who in the parliament at Lincoln subscribed and affixed their seals to the famous letter to the pope,§ being then designated " Simon Dominus de Monte acuta. When he died does not appear in Dugdale, but it was not long after his last writ of summons. He is said to have married || Aufrica, a daughter of Fergus, and sister and heir to Orry, king of Man, by whom he had issue William and Simon ; which William de Montacute M'as in the wars of France and Scotland in the lifetime of his father; and succeeding him, had summons to parliament in the 11 and 12 Edw. II.; shortly after which he died, in Gascoigne, but his body was brought over, and buried at St. Frideswide, (now Christ Church,) Oxford, in the year 1320. By Elizabeth his wife, daughter to Peter de Montfort, he had a numerous family : whereof, William de Montacute, his second but eldest surviving son and heir, had summons to parliament from the 5 to the 10 Edw. III.; the year after which he was created earl of Sabsbury ;^ whereby the barony became mei'ged in the higher dignity. Furthermore, ' Alianor having a great estate, the courtesy thereof belonged to her husband. The Record says that William, son and heir of John Molyns, deceased, was seised of the manors of Aston Bernard and Ilmer, in the county of Buck- ingham, holden by the service of being falconer to the king." — ( Orig. 41 Edw. III., Rot. 1, Bucks.) BARON I A ANGLIC A CONCENTRATA. 319 Dugdale says,* that in 16 Edw. III., having conquered the Isle of man, the king having * B"-- "• '•> given hina the inheritance of it, crowned him king thereof ; but he deceased the next year, (17 Edw. III.,) leaving by Elizaljeth his wife, daughter of William de Grandison,t t Vi.ie and sister and coheir to Otto de Grandison, William his son and heir, John de Monta- cute, and other issue. Of which, William de Montacute, the eldest son, succeeded as second earl of Salisbury, and was famous for his niilitar)- prowess, it being said of him that his life was a perpetual cam- paign. He was twice married : his first wife was Joane, daughter of Edmund Plantagenet, earl of Kent, from whom he was divorced;^ his second wife was Elizabeth, daughter and coheir of John lord Mohun, of Dunster;t by whom he had a son William, who was j Vide Mohun most unfortunately killed by him (his father) in a tilting, at Windsor, 6 Ric. II., s. p. Thus, not having sun-iving issue, and dying the 20 Ric. II., he was succeeded by his nephew John, son of his next brother John, by Margaret his wife, daughter and heir of Thomas lord Monthermer ; which John de Montacute, third earl of Salisbury, was almost the only temporal nobleman who remained firm to king Richard when he was deposed by the duke of Lancaster ; and joining afterwards with some others for his restoration, was seized by the rabble, at Cirencester, who struck off their heads, and sent them to London, in the year 1400. All his honours were forfeited, but certainly not legally. Thomas de Montacute, his son and heir, was afterwards fuUy restored in blood and honours, the 9 Hen. V. He was most conspicuous for his military achievements ; and, being the commander of the English arm)', at the siege of Orleans, in 1428, was there killed ; after when the English affairs in France continually declined. By Eleanor his first wife, daughter of Thomas, and sister and coheir to Edmund, earl of Kent, he had an only daughter and heir Alice, who married Richard Nevill, son of Ralph, earl of West- morland, by Joane, his second wife ; but by Alice his second wife, daughter of Thomas Chaucer, esq., and widow of Sir John Phihps, he had not any issue : she surived him, and about two vears after married William de la Pole, earl of Suffolk. NEVILL, EARL OF SALISBURY. Richard Nevill, eldest son of Ralph, earl of Westmorland, by Joane Beaufort his second wife, having married Alice, only daughter and heir of Thomas the last Mon- tacute, baron Montacute, Monthermer, and earl of Salisbury, had that earldom granted « * On account of precontract with Sir Thomas Holland, whom she married, and on his decease became the wife of Edward the Black Prince, and by him mother of king Richard II. 320 BABONIA ANGLICA CONCENTBATA. * Pat.20Edw. to him, and also to the heirs of the said Alice.* He was attainted in 1459, but it 11. appears he was restored the following year, before the end of which he was made prisoner at the battle of Wakefield, and afterwards beheaded. He had a numerous issue of sons t Banks's and daughters ;t of the former. Bar. vol. iii. Richard Nevill, the eldest son, bore the title of earl of Warwick in his lifetime, P- "^i- having married the heiress of that earldom; and on his father's death became also earl of Salisbury, being jure matris, baron Montacute and Monthermer. He was the famous earl of Warwick, styled the king maker, and was slain at the battle of Barnet, when being attainted all his honours became forfeited. This great earl had two daughters his coheiresses ; whereof, Anne married, first, Edward, Prince of Wales, son of king Hen. VI., s.p., and secondly, Richard, duke of Gloucester, (afterwards king Richard III.), by whom she had a son Edward, created earl of Salisbury by his uncle king Edw. IV., and in the first of his father's reign Prince of Wales, but he died about nine years of age ; Isabel, the other daughter and coheir, mar- ried George, duke of Clarence, (brother to king Edw. IV.) who was drowned, according to tradition, in a butt of Malmsey. He was attainted in 1477) having had issue a son Edward, who was styled earl of Warwick, was long a prisoner in the Tower, and at last accused of treason, was attainted in 1499, and beheaded, s.p. ; and a daughter Margaret, who on her petition was restored countess of Salisbury, but was afterwards attainted in 1539, and beheaded in 1541, being at that time grey with age. She married Sir Richard Pole, (born in Wales), and had issue Henry Pole, hereafter mentioned, cardinal Pole, and other children. POLE, LORD MONTAGU.— (4 Hen. VIII.) Henry Pole, eldest son of Margaret, countess of Salisbury, by Sir Richard Pole her husband, was summoned to parliament the 21 Hen. VIII., when he first made his entry t Dugd. Lists into the parliament chamber by the title of lord Montagu? % In the 25 and 28 Hen. VIII. he was summoned as Henry Pole de Montagu Chevalier ; but afterwards, under the pretence that he was combining with others to depose the said king Henry, he was accused and convicted of high treason, and beheaded on Tower Hill, anno 30 Hen. VIII., a Dugdale in his lasts of Summons, (p. 500) has the following entry, viz : The names of the barons as they sat and entered in the parliament in order, in the xxviii year of the reign of king Henry the eighth. " Lord Montagu restored and admitted the first day of December, anno xxi." Sir Harris Nicholas in his Syno|)sis, (vol. ii., p. 434) states that he was summoned the 5 January, the 24 Hen. Vin., 1533 ; but that was the date of the parliament of the 25 Hen. VIIL, which was a continuance of prorogation from the 21, for there is not printed in Dugdale any summons between the 21 and the 25 Hen. VIII. BARONIA ANGLICA CONCENTRATA. 321 in the lifetime of his mother, the countess Margaret. Being attainted his barony became forfeited. By Jane his wife, daughter of George Nevill, lord Abergavenny, he had two daughters his coheirs, wliereof Catherine married Francis, second earl of Huntingdon, now represented by the marquess of Hastings ; and Winifred married, first. Sir Tho- mas Hastings, and secondly. Sir Thomas Barrington : which daughters were fully restored iii blood by act of parliament the 1 Philip and Mary. Sir Richard=pMargaret, Countess of Salisbury, daughter and eventually heiress Pole, K. G. I of George, Duke of Clarence, brother to king Edw. IV. I ' 1 1 1 1 Henry Pole Lord Montagu, attainted-pjane Geffery, of Lordington, Sir Arthur, Reginald, the Ursula, m. Hen. and beheaded 30 Hen. VIII. | . . . . co. Sussex, left issue. left issue. Cardinal. Lord Stafford. Catherine Pole, daughter and coheir, mar. Francis, 2nd Earl 1. Sir Thomas^Winifred Pole, ^2. Sir Thomas of Huntingdon ; a quo the present Marquess of Hastings. Hastings. dau. and coh. | Barrington. r ' Sir Francis Barrington.=^Joane, daughter of Sir Henry Cromwell, of Hinchingbrook, Knt. ■- -1 1. Frances, dau. andcoh.-pSir Thomas Barrington, — 2. .ludith, dau. of Sir Rowland Lytton, of John Gobert. | obiit anno 1644. Knt., relict; ob. 1657, s. p. Sir John, eldest son.-pDorothy, daughter of Sir William Lytton. Gobert, second son. r -^ 1 Thomas, ob. vi. pat., 168I,=pAnne, daughter and coheir of Robert Rich, Earl of Warwick. Other Issue. I ' 1 1 1 1 Sir John Barrington, Bart., Sir Charles, heir to Richard Bar- Mary, died Anne, sole=j=Charles Shales, gold- succeeded his grandfather, his brother, ob. s.p. rington, obiit unmarried, heir, obiit j smith to queen Anne obiit anno 1691, s. p. 29 Jan., 1714-15. coelebs. Oct. 1727. 1729. & Geo. I., ob. 1734. I ■ 1 ;n \ '. Richard Shales, ob. s. p, John Shales, ob. coelebs. Essex Shales, eventually heiress. -pRichard Lowndes, Esq. William Lowndes, Esq., of Winslow, co. Bucks.-pMary, daughter of Thomas Goosetrey. William Lowndes. I William Lowndes, of Whaddon Hall, Esq. NEVILL DE MONTAGU.— (1 Edw. IV.) John Nevill, second son of Richard Nevill, earl of Salisbury, by Alice his wife, daugh- ter and heir of Thomas the last Montacute, earl of Salisbury, and brother to Richard Nevill, earl of Warwick, (the king maker), was first summoned to parliament the 38 Hen. VI., as Johanni Nevill Domino Nevill Chiv'; but afterwards in the 1 and 2 Edw. IV., as Johanni Nevill Domino de Montagu, and as Johanni Nevill de Montagu.* In 1467 he was * Dugd. Lists created earl of Northumberland, which title he sometime after resigned, and was advanced to the dignity of marquess Montagu ; but taking part with his brother the earl of War- wick in the attempt to restore king Hen. VI., he was attainted, and was with him slain in the battle of Bamet, on Easter-day, the 14 April, 1471. He married Isabel, daughter and heiress of Sir Edmund Ingoldesthorpe, and had issue two sons, George and John, and five daughters, hereafter mentioned. VOL. I. R r of Summ. 322 BARONIA ANGLICA CONCENTRATA. * Vide Went- worth. t Vide Scrope, of Upsal and Bolton. George Nevill the eldest son, in the lifetime of his father was created duke of Bed- ford, with an intention on the part of the king to marry him to his daughter the princess Elizabeth ; but after his father's attainder, he was by act of parliament degraded from all his dignities ; and dying s.p. in 1483, 1 Edw. V., was buried at Sheriff Hoton. He and his brother John thus deceasing s.p., their five sisters became the coheirs general ; and though, by their father's attainder, they could not inherit any of his honours, yet were they entitled to those rights of barony which were derivable from their mother Isabel Ingoldesthorpe, as to the baronies of Bradeston,^ Powys, Tibetot earl of Worcester, &c. Of these five daughters : First. — Anne married Sir Wilham Stonor, knight.**" Second. — EHzabeth married Tliomas lord Scrope, of Upsal.f Third. — Margaret married, first. Sir John Mortimer; secondly, Robert Home; and thirdly, it is said, Robert Davis, who survived her. Fourth. — Lucy married, first. Sir Thomas Fitz William, of Aldwarke, knight ; and secondly. Sir Anthony Browne, knight, grandfather of Sir Anthony Browne, the first vis- count Montague. Fifth. — Isabel married Sir William Huddleston, of Sawston, in the county of Cam- bridge, knight ; but by some authorities is said to have married, first, a lord Dacre ; and lastly, William Smith, and to have died 12 Nov., 8 Hen. VIII. Sir John Ingoldesthorpe,=j=Elizabeth, dau. of Sir John de Burgh, of Burgh Green, co. will dated anno 1419. | Camb., sister and colieir to Sir Thomas her brother. I Thomas, aetat. 19 apud mort. pat.,^Margaret, daughter and heir of Walter de la Pole, of Sawston, co. Camb., by ob. inf. stat., 1 Hen. VI. I Elizabeth, daughter and heir of Thomas de Bradeston. Edmund, setat. 1 an. apud mort. pat. ; will dated^Joane, daughter of John Lord Tibetot, and aunt and coheir of 4th August, 1456, ob. Sept. eod. an. Edward Tibetot, 2nd Earl of Worcester. I.John Nevill, Marquess of Montagu.=pIsabel, only d. & heir, set. 15 apud mort. pat.=:2. Sir Wm.Norris, of Rycot. I 1 Five daughters and coheirs. Margaret, third daughter and coheir of John Nevil, marquess of Montagu, by her second husband Robert Home, is said to have had an only daughter Anne her heir, who married Sir James Framlingham, of Crowes Hall, in Suffolk, whose grandson. Sir Charles Framlingham, died in 1596, having had a son Clement, who died before him s.p., and a daughter Anne, who also died before him, having married Sir Bassingbourne Gaudy, » Vide act of parliament of king Hen. VIII., for recompense to the five daughters and coheirs of the marquess r>f Montagu, for five hundred marks per annum, granted by king Edw. III. to Sir Thomas of Bradeston. b By Sir William Stonor she had issue a daughter Anne, married to Sir Adrian Fortescue, who was attainted and executed the 10th July, 1539, and a son John Stonor, who died s.p. BARONIA ANGLICA CONCENTRATA. 323 knight, and had issue two sons Framlingham and Charles Gaudy. From Framlingham descended Sir Bassingbourne Gaudy, bart., whose great-grandson and heir, died un- married in 1 723, leaving three nieces iiis coheirs, daughters of his only sister Anne, who married Oliver le Neve, of Great Wichingham, esq., and had issue nine children, whereof only three sur\'ived, viz: Isabel; Anne, who married John Rogers, esq.; and Henrietta, who was wife of Edward le Neve, esq., both which ladies had issue living in 1725. Sir Thomas Fitz William, of=^Lucy, daughter aad coheir of John Nevill, Marquess of Montagu, Aldwark, co. York. remarried to Sir Anthony Browne, Knight. I 1 1 1. Thomas Fitz William, ^Anne, dau. of Sir Nicholas 2. John Fitz William, 3. William, created Earl of slain at Floddon. | Pagenham, Knight. slain at Floddon. Southampton, s, p. I 1 ' 1 1 _ William, Alice, sister=f=Sir James Foljambe. — Inq. Anne, Margery, sister — Godfrey Foljambe, brother s. p. and coheir. | 24 May, 1 Elizabeth. s. p. and coheir. to Sir James, s. p. 1.* I ' 1 1 1 — I — I Godfrey, setat.=pTroth, dau. of Sir William James. George.f Frances.^ 24, ob. the 28 I Tyrwhit, of Kettleby, in Twins, bom 21 June, 1538, James Cicely.§ queen Eliz. | the county of Lincoln. in the morning, George at night. Mary.|| _J Godfrey Foljambe, born at Walton, in 1558, married Isabel, daughter of Sir Christopher Wray, C. J. of K. B., i.p. • He had, by Brownlow, a natural sou Godfrey Foljambe of Crosdon. + He was of Brimin^on, and is said to have married Ursula, daughter of Richard Whalley of Scrutou, in the county of Nottingham, and to have had a daughter and heir Troth, who married Edward BeUingham of New Timber, in the county of Sussex. He died 15th of March, 1588. t Married John Thorn, of — ' , bom 21 Henry VIII. 5 Called Lucy, in a copy out of the Registry of Chesterfield, born 32 Hen. VIII., married Koger, son and heir of Soger Greenhouj;la , of Tevershall in the county of Nottingham. II Married Vincent Feam, Esq., or Harris. Ex Gough's Yorkshire MSS., No, 5, in Bib. Bodl. Ojron. — Historical account of the family of Foljambe, 1704, by N. JohosloB, M.D.,ofPontefract. Visitation qfco. Cantab., per Henry St. George, anno 1619. William Hudleston, 3rd son of Sir John=f=Isabel, daughter and coheir of John Hudleston, of Milium, 1 7 Hen. VII. j Nevill, Marquess of Montague. , 1 , Sir John.^Elizabeth, daughter of Edward Lord Dudley.* Other issue. I . , , Sir John.=pBridget, dau. of Sir Robert Cotton, Knight. Charles. Hellen, married Thomas Buckles, or Butler. H 1 Sir Edmund.^Dorothy, daughter and heir of Henry BeaconshaB, of the county of Lancaster. Willijun. I ' 1 1 1 1 Sir Henry. =^Dorothy, daughter of Sir Robert Dormer, Knt. Dorothy. Jane. Frances. Isabel. ,_J , , 1. Sir Robert.T=Mary, daughter of Nicholas 2 John, s. p. 3. Henry, a quo, probably, the present Mr. I Lord Teynham. 1st wife. Huddleston, of Sawston, co. Camb. Henry. ' lliough named Elizabeth by Dugdale and St. George, she is called Dorothy in Burke's Commoners, who states £Uzabelh to be ai error. It possibly may be so ; but his ipse dixit who metamorphises Tradesmen into the Landed AriUocracf/ of the Couutry is n» authority without something better than his name being cited. 324 BARONIA ANGLICA CONCENTRATA. EDWARD DE MONTACUTE.— (16 Edw. III.) Sir Edward de montacute, a younger brother to William, the first earl of Salisbuiy, had in the 11 Edw. III. the honour of knighthood conferred upon him ; and afterwards * Dugd. Lists was summoned to a great council at Westminster, in the 16 Edw. III.,* and from the 22 to the 34 Edw. III.^ was summoned to parliament among the barons of the realm. He died the following year, having greatly distinguished himself as a most eminent com- mander in the wars of Scotland and France. He married Alice, daughter and coheir of Thomas of Brotherton, earl of Norfolk, (eldest son of Edw. I. by his second wife) and had issue a daughter and heir Joane, who married WiUiam de Ufford, earl of Suffolk, but died s.p.s. of Samm. JOHN DE MONTACUTE.— (31 Edw. III.) John de Montacute, next brother to William, second earl of Salisbury, had sum- t Ibid. mons to divers parliaments from the 31 Edw. III. to the 13 Richard II.,t as John de Montacute, in which year, according to Dugdale, he deceased, leaving issue by Margaret + Vide Mon- his wife, granddaughter and heiress of Ralph baron Monthermer,| John his son and thenner. . i i • * 1*1 heir, aged thirty-nme, which John de Montacute, by that name, had summons to parliament from the 16 to the 20 Richard XL, when he succeeded his uncle WiUiam as third earl of Salisbury, and carried to that title the barony of Monthermer, which accrued to him in right of his mother, and has been before noticed under the Salisbury detail. MONTALT.— (22 Edw. I.) The family of Montalt was so called from a village of that name in Flintshire, and were barons of the palatinate earls of Chester. Robert de Montalt, lord of Montalt, was living in 1160, from whom descended Roger de Montalt, who married Cicely, one of the sisters and coheirs of Hugh de Albini, earl of Arundel, and dying the 44 Hen. III., left issue two sons, John and Robert; but John dying s.p., his brother Robert became his heir, and was father of Roger and Robert de Montalt, which Roger de Montalt had summons to parliament the 23 Edw. I., shortly after when § Esch. 26 ^e died, the 25 Edw. I., s.p.,§ leaving Robert his brother and heir, which Edw. I.,n. 37, and 102. a Sir Harris Nicolas in his Peerage Synopsis, (vol. ii., p. 436.) says, he was summoned only from the 25th of of February, 26 Edw. III., which date applies to the writ of the 16 Edw. III. It rather seems to be a typographical error, which too often escapes the eye in the overlooking of the printer's proof sheets. BARONIA ANGLICA CONCENTRATA. 325 ROBERT DE MONTALT.— (27 Edw. I.) Robert de Montalt had summons the 26 Edw. I. to attend at Carlisle equis et armis^ being in the writ styled a baron, by which distinction, or of earls, the persons summoned are particularly noted.* After this he had summons to parliament from the 27 Edw. I. * Uug. Lists to the 3 Edw. III.^ In the 29 Edw. I. by the designation of "Robertus de Monte Alto ° '""' 1 Edw. n. Dominus de Haumrdyn," he was one of those who signited the letter to the pope,t and t 'bid. the 1 Edw. II, was summoned to attend the king's coronation. J He died circ. 3 Edw. J Coron. Rot. III. s.p., having, according to Dugdale, settled his lands for want of issue male by Emme his wife, on queen Isabel, mother of Edw. III., for life, and after her death, on John of Eltham, brother of the king, and his heirs for ever.'' There was an Henry de Montalt summoned the 1 Edw. III. to Newcastle on Tyne eguis et annis, of whom Dugdale does not make mention. MONTEAGLE.— (6 Hen. VIII.) In the 5 Hen. VIII. Sir Edward Stanley, a younger son of Thomas, fii-st earl of Derby, highly distinguished himself at the battle of Floddon, where the Scots were so signally defeated ; in consideration of his conduct on that day, and that he won the Hill, and that his ancestors bore the Eagle in their crest, the king was pleased to create him a baron of the realm, and he was specially summoned to parliament the 6 Hen. VII. as "Edward Stanley de Montegell, Chiv"^ and by the same description was summoned again the next 5 Dugd. Lists of Summ. year. It was said of this eminent person that the camp was his school, and his learning a pike and a sword, and that whenever the king met him, his greeting was "Ho! my sol- dier." He died circ. 1524 ; his wife was Anne, daughter and coheir of Sir John Har- rington, knt.,11 by whom he had issue'' II Dugd. Bar. Thomas, second lord Monteagle his son and heir, who had summons to parliament from the 21 Hen. VIII. to the 1 queen Eliz., Inclusive. He was twice married as Dugdale a Sir Harris Nicolas, in his Synopsis, (vol. ii., p. 439), states that he was summoned from the 27 Edw. I., to the 13 Edw. IlL ; a typographical error for the 3 Edw. III. l) Vide Robert Morley, cousin and heir to Robert de Montalt. — (Pat. 9 and 11 Edw. III., m. 3 and 17. — Etiam Rot. Pari., vol. it., p. 49, no. 74, A.D. 1330. — Vide Rot. Pari., vol. i. — Roger Montalt, of Hawardeo, grand- son of Roger de Montalt. « She was rather his first wife, and died the 4 Hen. VII. s.p. — Vide Pedigree in Harrington. As such hifl issue must have been by another wife, whose name is not mentioned by Dugdale. 326 BARONIA ANGLICA CONCENTRATA. relates, first to Mar}', daughter of Charles Brandon, duke of Suffolk, by which lady^ he had three sons, viz., William, Charles, and Francis, and also three daughters ; secondly to Helen, daughter of Thomas Preston, of Levens, in the county of Westmorland, Esq., but had not any issue by her. He died 2 Eliz., 1560, and was succeeded by Wilham, third baron Monteagle, his eldest son and heir, who had summons to par- • liament from the 5 to the 23 queen Eliz., and died in 1581, leaving Elizabeth his sole daughter and heir, who married Edward lord Morley. PARKER BARON MORLEY and MONTEAGLE.— (3 Jac. L) William Parker, son and heir apparent of the said Edward lord Morley and Eliza- beth Stanley his wife, had summons to parliament vita patris as " IVilliam Parker de MontegleyCliw," from the 3 to the 12 Jac. L; and having afterwards succeeded his father in the barony of Morley, was summoned to parliament the 18 Jac. L, as " William Parker de Morley and Montegle, Chiv" and died'' shortly after, in 1622, leaving Henry Parker his son and heir, who the 21 Jac. L, 1623, was summoned to parlia- ment by the said titles of Morley and Montegle, as also in the 1, 3, 4, and 15 Car. L He died in 1655, leaving issue an only son and heir Thomas baron Morley and Montegle, who after the restoration had summons to parliament the 13, 31, and 32 Car. IL, and 1 Jac. IL; he diedcirc. 1686, s.p.s.,when the baronies of Morley and Monteagle fell into abeyance between the issue of his auuts, viz : Catherine, who married John Savage earl Rivers ; and Elizabeth, who married Edward Cranfield, esq., in whose descendants and heirs representative they still remain without any determination. Edward Parker Lord Morley, ob. 1618.=pElizabeth, daughter and heir of William Stanley Lord Monteagle. William summoned vi. pat. as Lord Monteagle, ob. 1622.^Elizabeth daughter of Sir Thomas Tresham, Knight. I 1— 1 f—l 1 1 Henry lord Morley^Philippa. dau. and William, Frances, Catherine, mar. John Elizabeth, mar. and Monteagle, ob. coh. of Sir Thomas Charles, a nun. Savage Earl Rivers, Edward Cran- 1655. I Carrel, Knt. s.p. ob. 1654.-, field, Esq. I ' I ' 1 1 1 Thomas Parker, the last baron Morley & Monteagle, m. Mary, d. Thomas Earl Rivers, John, Richard. Five of Henry Martin, of Landworth, co. Berks, ob. circ. 1686. 1694.-, s.p. I daurs. 1 1 I Thomas, ob. vi. pat., s.p.m. Richard Earl Rivers, ob. 1712, s p.m.s. John, last Earl Rivers, ob. 1728, coelebs. > In Seacomb's Memoirs of the House of Stanley, (p. 49) he states that this lady was the wife of his father, and not of him ; and that Anne, daughter of Sir John Spencer, of Althorpe, was wife of Thomas lord Monteagle, by whom he had William his son and successor. b He was the lord Monteagle to whom the letter was written whereby the Powder Plot was discovered. BARONIA ANGLICA CONCENTRATA. 327 John earl Rivers having married Catherine, one of the aunts and coheirs of Thomas, the last lord Morley, had issue by her five daughters and three sons,* viz ; Tliomas, * Vide Bank's John, and Richard, whose issue all eventually failing, the issue proceeding from his Bar., vol. Ui. daughters may now be considered as the coheirs of Catherine countess Rivers. Of these daughters, Elizabeth married William lord Petre, s.p. Jane married, first, George lord Chandos, who died in February 1655, s.p., leaving his estate of Sudley Castle and other property to her, who in the October following married secondly Sir William Sidley, who dying in 1656 s.p., she married thirdly George Pitt, esq., of Stratfieldsea, in the county of Southampton, whose grandson George was father of George Pitt, created baron Rivers of Stratfieldsea in 1776, who had issue George the second baron, who died s.p. in 1829, and three daughters, viz: Penelope, who was the notorious countess Ligonier, and died s.p.l. ; Louisa, who married Peter Beekford, esq. ; and Marcia, who married James Fox Lane, of Bramham Park, esq. The coheirs representative of lady Jane Savage. Lady Catherine Savage married Charles Sidley, brother of Sir William, and had issue an only daughter Catherine, mistress to king Charles IL, and by him created coimtess of Dorchester.f She afterwards married David Colyear, the first earl of Port- f Ibid. v. iii. more, and had issue, whose descendants are also coheirs of the baronies of Morley and Monteagle. Lady Mary Savage married Henry Killigrew, esq.; and Frances died young. Of the issue (if any) from Elizabeth Parker, who married Edward Cranfield, there is not any account. MONTFORT.— (23 Edw. L) John, grandson of Peter de Montfort, who was slain at the battle of Evesham, had sum- mons to parliament the 23 Edw. L, but died the year following. By Alice his wife, daughter of William de la Plaunche, he had two sons, John and Peter, and two daughters, Elizabeth and Maud. John de Montfort, the eldest son, was summoned to parliament the 7 Edw. IL ; but was slain in the battle of Stryvelin against the Scots, s.p., leaving Peter de Montfort his brother and heir, who was first a priest, but succeeding to the inheritance, his sacred function was dispensed with, and he had summons to parliament in the 9, 16, 22, and 23 Edw. IIL;=' after which he died, the 31 Edw. IIL, without any ' Sir Harris Nicolas, in his Peerage Synopsis, (v. ii., p. 441,) states that he was summoned from the 9 to the 23 Edw. III.; but, on referring to the intervening writs, his name is only contained in those of the years aboTe men- tioned. 328 BARONIA ANGLICA CONCENTRATA. legitimate issue, leaving his sisters his heirs, viz: Elizabeth, who was wife of Sir Baldwin de Freville ; and Maud, who was wife of Sudley : but they could only claim from the writ of the 23 Edw. I., if that single writ can be considered to have created any des- * Vid cendable barony.* He is said to have married Margaret, daughter of lord Furni- FreBcheville. yal, and to have had a son Guy, who married Margaret, one of the daughters of Thomas Beauchamp, earl of Warwick, and died s.p. By an old concubine, Lora, daughter of Richard Astley, of Ullinhale, in the county of Warwick, he had a son Sir John Montfort, whose male line flourished for many years at Coleshill, in the county of Warwick, till the attainder of Sir Simon de Montfort, temp. Hen. VII., whose descendants continued at Bescote, in the county of Stafford. MONTHERMER.— (3 Edw. II.) Ralph de Monthermer (of whose origin Dugdale does not make mention) was an esquire in the household of Gilbert de Clare, earl of Gloucester and Hertford, who had married Joane of Acres, daughter of king Edw. I. Upon the death of the said earl, his widow Joane married secondly this Ralph de Monthermer, who in regard he possessed the lands of those earldoms, to which his wife was entitled for term of life, was summoned to parliament as earl of Gloucester and Hertford from the 26 to the 35 Edw. I., inclusive. In the 29 Edw. I. he was one of those nobles who in the parliament at Lincoln sub- t Dug. Lists scribedt the famous letter to the pope, being then styled " Radolphm de Monte Hermerii of Sum. Comitis Gloucest'r et Hertford ;" but his wife, the countess, dying the 1 Edw. II., he never thereafter ha d the title of earl, and was summoned to parliament as a baron only from the 2 to the 18 Edw. II., inclusive, by the designation in the respective writs, " Radulpho de Monthermer, or Monte Hermerii." After the death of the princess Joane, the countess, he married Isabel widow of John de Hastings, (sister and coheir to Aymer de Valence, earl of Pembroke), and I Dugdale, \.i. deceased, having had issue two sons, Thomas and Edward :t of which, Dugdale states, p. 217 ; etiam ' a ' . . . Sandf. Geneal. that Thomas never had summons to parliament, and was slain in a sea fight* with the French, in the year 1340, (14 Edw. III.,) leaving Margaret his daughter and heir, who married John de Montacute, second son of William, first earl of Salisbury ; and had by him a son John, who succeeded as heir to his uncle, and became third earl of Salisbury, and thereby blended the baronies of Montacute and Monthermer in that inheritance.§ I S Vide Montacute. From the preceding statement it appears that the writs of summons to Ralph de " Sir Harris Nicolas asserts that Thomas de Monthermer ob. vi. pat., (Synopsis, v. it,, p. 443^, and calls him heir, which he could not be, if he died before his father. BARONIA ANGLICA CONCENTRATA. 329 Monthermer, as earl of Gloucester and Hertford, did not invest him with any descend- able earldom, notwithstanding, that by reason of those writs of summons he sate in par- liament as a peer, and exercised all the legislative functions appertaining to that degree of honour. He was therefore a merely titular earl, of precarious continuance, depending on the life of his wife, and in such respect, solely her proxy in the parliamentary assem- blages. It is the only precedent of the kind where the wife herself was merely tenant for life of the honour or title. EDWARD DE MONTHERMER.— (11 Edw. IH.) Edward de Monthermer had summons by writ, dated the 23rd of April, 11 Edw. III., to attend a council at Stamford, in which his name is inserted next to the earl of Oxford, and before all the other barons mentioned therein. By another writ, dated the 21st of June the same year, he had summons to attend a great council to be holden at Westmins^r; and his name is therein placed next to Henry Beaumont, earl of Boghan, and above all other barons ;* but, excepting on these two occasions, his name does not * Dugd. Lists appe^ in any other subsequent writs of summons. The precedency given to him in the said writs, may be inferred to arise from his near relationship to the king, as grandson of Edw. I, (by his daughter Joane, of Acres), grandfather of Edw. Ill ; for both Dugdale, and Sandford (in his genealogical history of the royal families) state that Ralph de Monthermer had issue by the princess Joane, two sons, viz., Thomas, and Edward, who by Milles and Brooke is represented to have been the eldest .t f MiUes and To this Edward, the king (his uncle) Edw. II. granted in tail general the manor of Brooke's Cat. Warblington, to revert to the king in fee :J but though doubted by Sir Harris Nicolas§ + Pat. Rot. 4 whether he was son of Ralph de Monthermer, yet, as there was not any other family of § Syiiopsis the same name, there does not appear any ground to suppose him not^to be the Edward ^°'' "•>P-'*^3. mentioned by Dugdale and Sandford ; and who Milles and Brook, in their Catalogues of Honor, say, died without issue ; the last adding (uncontradicted by his bitter critic Vin- cent,) and was buried at the Augustine Fryars, at Clare.\\ II Brook's Cat. of Hoa. MORDAUNT.— (24 Hen. VIII.) From the records of this family, collected in the reign of Charles II., and printed at the expense of Henry, then earl of Peterborough, it seems that it is of very ancient standing: but without going so far back as the time of the conquest, it may be sufficient here to commence it with the first person who attained to the rank of a peer of the realm. VOL. I. s s 330 BAROMA ANGLICA CONCENTRATA. John Mordaunt, a person of great eminence, and higlily in favour with Hen. VIII., of Sum '"'''^ "'^^ admitted into the house the 4th day of May, the 24 Hen. VIII.,* and afterwards had summons to parhament during his life. By his will, dated the 1st of August, 1560, he styles himself Lord Mordaunt of Turvey, which would rather intimate that he was created by patent, than by summons ; for in the writs of summons he is designated John Mor- daunt, Chii/, without any addition of de Turvey. The w-rits would be consequent to his creation, if by patent ; it could therefore only be by patent that he was styled baron of Turvey. The probate of his will is tested 1st September, 1562, from which it may be considered that he died in that year. His wife was Elizabeth, daughter and heir of Henry t Dugd. Bar. Vere, lord of Drayton, and Adington, in the county of Northampton ;t by which lady, besides other issue, he had John his son and heir, which John, second lord Mordaunt, died circ. 14 Elizabeth ; the probate of his will being dated the 19th of October that year. He married Ellen, cousin and heir of Richard Fitz Lewis, of West Thornton, in Essex, a rich heiress, for whose wardship, Morant in his J Vol. i. p. 213 history of Essex,J says, he gave king Henry thirteen hundred marks. His son and heir Lewis, third lord Mordaunt died the 16th of June, 1601, and was buried at Turvey, the 29th of July following. By Elizabeth his wife, daughter of Sir Arthur Darcy, knt., he left issue Henry his son and heir, fourth lord Mordaunt, who by Margaret, daughter of Henry lord Compton, had issue John, fifth lord Mordaunt, who by letters patent (9 March, 3 Chas. I.) was advanced to the dignity of earl of Peterborough : but though he was thus indebted to his majesty for promotion of honour, he nevertheless held a commission in the parliament army, under the earl of Essex, being general of the ordnance, and colonel of a regiment of § Army List foot,§ in 1642, in which year he died, and was buried at Turvey, in the county of Bed- T ''partridge ford, with his ancestors. He married Elizabeth, sole daughter and heir of William lord 1642. Eflfingham, son and heir apparent to Charles Howard, earl of Nottingham, by Anne his II Dugd. Bar. wife, daughter and sole heir of John lord St. John, of Bletso,|| by which alliance the vol. u. p. 312. ]j^pQjjy gf Beauchamp, of Bletso, was brought into the Mordaunt family. By her he had issue two sons, viz : Henry his successor, and John created viscount Mordaunt, as here- after mentioned. Henry, second earl of Peterborough, and sixth baron Mordaunt, was a staunch loyalist, and was wounded on the king's side, at the battle of Newbury. He was much distin- guished for his antiquarian knowledge, and with a desire to preserve the records of his family, which induced him to compile the scarce folio volume, entitled, " Halstead's Genealogies." He died the 19th of June 1697, and was buried at Turvey ; but not hav- ing any male issue, the earldom of Peterborough devolved upon his nephew Charles, son and heir of his brother John viscount Mordaunt, and the barony of Mordaunt being I BARONIA ANGLICA CONCENTRATA. 331 created by writ, descended to his only daughter, the lady Mary Mordaunt, by Penelope his wife, daughter of Barnabas, earl of Thomond, in Ireland. MARY, BARONESS MORDAUNT. This lady, sole heiress of her father in the barony of Mordaunt, and of Beauchamp, of Bletso (or Bletshoe), was twice married, first to Henry, duke of Norfolk, from wliom she was divorced ; and secondly to Sir John Germaine, bart., to whom, at her death, in 1705, she left her magnificent seat at Drayton, in the county of Northampton, which on his death, in 1718, he gave to his second wife, Elizabeth, daughter of Charles, second earl of Berkeley ; which lady, at her decease, gave it to lord George Sackville, who took the name of Germaine, and was afterwards, in 1782, created viscount Sackville: thus not having issue, the barony of Mordaunt, and of Beauchamp of Bletso, on her decease, re- verted to her cousin Charles, earl of Peterborough and Monmouth. MORDAUNT LORD MORDAUNT. It has been before stated, that Henry, second earl of Peterborough had a younger bro- ther John, which John having married EUzabeth, daughter and heir of Thomas Carey ^ second son of Robert, earl of Monmouth, was by letters patent the 10th of July, the 11 Chas. II, created baron Mordaunt of Ryegate, in the county of Surry, and viscount Mor- daunt of Avalon, in the county of Somerset ; he died in the lifetime of his brother earl Henry, in 16/5, and was succeeded by Charles, his son and heir, who, in April 1689, was. advanced to the title of earl of Monmouth, and in 1697 succeeded his uncle Henry, as earl of Peterborough, and in 1705 succeeded his cousin lady Mary in the baronies of Mordaunt and Beauchamp, of Bletso ; thus uniting together all the honours of the Mordaunt family. His enmity to the duke of Marlborough, and friendship for Pope, as observed by the earl of Orford* "will preser\^e * Horace his name, when his genius, too romantic to have laid a solid foundation for fame, shall be ^° *" forgotten : he was a man who would neither live, nor die like other mortals ;" he died at Lisbon, in 1735, aged 77- By Carey, his first wife, daughter of Sir Alexander Eraser, of Dores, in Scotland, he had two sons, John and Henry, and a daughter Henrietta, who married Alexander, second duke of Gordon ; Henry the youngest son died of the small pox, unmarried, vi. pat., and John, the eldest viscount Avalon (or rather Mordaunt of Avalon), also died of a So named by Dugdale. — (Vol. ii. p. 312.^ but called Robert Carey by Sir Harris Nicolas. — (Synopsis vol. ii. p. 432.; 332 BABONIA ANGLICA CONCENTRATA. the small pox vita patris, the 6th of April, l7lO, leaving by lady Frances Paulet, daugh- ter of Charles, duke of Bolton, two sons, Charles and John. Charles, the eldest son, succeeded his grandfather as fourth earl of Peterborough, and second earl of Monmouth ; he married first, Mary daughter of Thomas Cox, esq., and by her, who died in November 1756, had issue Frances, who married, in October 1765, the Rev. Samuel Bulkeley, of Hatfield, in the county of Hertford, and Mary Anastasia Grace, born the 5th of June, 1738. His second wife was Robiana, daughter of colonel Brown, by whom he had two sons, Charles Henry, born in 1758, and Paulet, born in 1759, who died young. Deceasing the 1st of August, 1777? he was succeeded by Charles Henry, his only surviving son, and last earl of his family, who dying un- married, in 1814, the earldoms of Peterborough and Monmouth, the viscounty of Mor- daunt, of Avalon, and barony of Mordaunt, of Ryegate, are presumed to be extinct, or dormant, till some heir male can establish a right thereto; but the barony of Mordaunt, created the 24 Hen. VIH., devolved upon LADY MARY ANASTATIA GRACE, BARONESS MORDAUNT. This lady was daughter, as before noticed, of Charles, fourth earl of Peterborough, by his first wife; and by the death of her half brother Charles, the fifth earl, in 1814, s.p., be- came entitled to the succession of the barony of Mordaunt, and the presumed barony of Beauchamp, of Bletso ; but deceasing s.p., in 1819, they then fell to Alexander, duke of Gordon, in Scotland, grandson and heir general of the body of lady Henrietta Mordaunt, only daughter of Charles, third earl of Peterborough, from whom not any issue remained. GORDON, BARON MORDAUNT. Alexander fourth duke of Gordon, having thus become heir general to the barony of Mordaunt, it merged in his higher dignities ; but with respect to the barony of Beau- champ, of Bletshoe, it may be questioned how far it was ever recognized as a descendable barony. Roger de Beauchamp married the eldest sister and coheir of William de Pateshull, and in the partition of the inheritance, obtained the manors of Bletshoe, and * Lysons in Caysho, in the county of Bedford.* He had summons to parliament for divers years. Com. Bedf. ^g Roger de Beauchamp, but none of his descendants had the like summons after him. — Margaret de Beauchamp, daughter and heiress of John, his great-grandson, married to her first husband, Sir Oliver St. John, from whom descended Sir Oliver St. John, crea- ted by patent in 1559, baron St. John of Bletshoe, with limitation to the heirs male of 1 BABONIA ANGLICA CONCENTBATA. 333 his body : thus there was not any allusion to the ancient barony of Beauchamp, though there was in him an heirship in blood, by descent from Roger de Beauchamp, the first and only one of the family summoned to parliament. Alexander, duke of Gordon, died in 1827, leaving issue five daughters, viz : Char- lotte married to Charles duke of Richmond ; Madelina married first to Sir John Sinclair, bart. ; and secondly to Charles Palmer, esq., of Lockley Park, county of Berks ; Susan married to William, duke of Manchester ; Louisa married to Charles, second marquess Cornwallis ; Georgiana married to John, fifth duke of Bedford. Duke Alexander also had two sons ; Alexander the youngest died vita patris, unmarried ; and George his eldest and only surviving son was his successor ; which George, fifth duke of Gordon and, second baron Mordaunt, died s.p., in 183 — , when the barony of Mordaunt, and interest in the barony of Beauchamp, of Bletshoe, fell iuto abeyance between his five sisters and coheiresses. MORLEY.— (28 Edw. I.) William de Morley, a distinguished commander in the wars of Scotland, had sum- mons to Carlisle the 26 Edw. I., equis et armis, being named in the writ a baron, the earls and barons therein mentioned having their ranks distinguished by their respective degrees ;* after this he had summons to parhament the 28, 32, 33, and 34 Edw. I., * Dugd. Lists inclusive. His son and heir, ° "™™" Robert de Morley, married Hawyse, daughter, and at length heiress of WilUam le Mareschall, baron of Hengham, in the county of Norfolk, and marshall of Ireland,) sister and heiress to her brother John Mareschall,) by which alliance he acquired that high hereditary office. He was admiral of the EngUsh Fleet, and had other eminent offices, and was summoned to parliament from the 11 Edw. II. to the 31 Edw. III., in whose 34th year he died, full of honour. William de Morley his son and heir, had summons from the 38 Edw. III. to the 2 Ric. II., and died circ. the 4th, leaving Cecily his wife, daughter of Thomas lord Bar- dolph, surviving, and Thomas de Morley his son and heir,^ who had summons from the 5 Ric. II. to the 4 Hen. V., »bout which time he deceased. He married Anne, daughter of Edward lord Despenser, by which lady he had issue Robert his son and heir apparent, who died in his lifetime, having married Isabel, daughter of John lord Molines, and had issue a son Thomas, successor to his grandfather ; which a Vide Rot. Pari. vol. Hi. p. 130, no. 16. — Petition of Thomas, son and heir of William de Morley, to execute the office of Marshall of Ireland by deputy. 334 BARONIA ANGLICA CONCENTRATA. Thomas de Morley had summons to parliament from the 5 to the 13 Hen. VI.; and died shortly after." He married Isabel, daughter of Michael de la Pole, earl of Suffolk ;'' and had issue Robert de Morley, his son and heir, then aged seventeen, who, the 20 Hen. VI., had summons to parliament, and died the year following, leaving, by Elizabeth his wife, daughter of W^illiam lord Roos, an only daughter and heir Alianore only six months old, who afterwards married William Lovel, second son of William lord Lovel, of Tichmersh. LOVEL BARON MORLEY.— (9 Edw. IV.) William Lovel having married the said Alianore, daughter and sole heir of Robert lord Morley, had summons to parliament in her right the 9 Edw. IV., by the title of " William Lovel de Morley Ckivalier," and also the 49 Hen. VI. After when he died, in July, 1476, leaving Alianore his wife surviving, and two children, viz., Henry and Alice Lovel ; which Henry Lovel, second of his family lord Morley, was then in minority ; and on ar- riving at full age had in 1489 special livery of all his lands; but was never summoned to parliament. He was slain at Dixraude, in Flanders, the 4 Hen. VII. He married Eliz- abeth, daughter of John de la Pole, duke of Suffolk, by Elizabeth Plantagenet, daughter of Richard duke of York, father of king Edw. IV.; but not having any issue, the barony of Morley devolved upon his only sister and heiress Alice, who married, first. Sir Wil- liam Parker, knight ; and secondly Sir Edward Howard, (second son of Tliomas, duke of Norfolk,) whom she survived, but had not any issue by him. PARKER BARON MORLEY.— (14 Hen. VIII.) Sir William Parker, who thus married the heiress of the last Lovel lord Morley, was standard bearer, and of the privy council to king Ric. III., and died in 1510, leaving by Alice his wife, Henry Parker his son and heir, who, the 14 Hen. VIII had summons to parliament Dug. Lists by the name of "Henry Parker de Morley Chivalier ;"* and from thence to the 3 Phil, and « of Sum Mary, inclusive. In the 25 Hen. VIII. he had a controversy with the lord Dacres, of Gil- lesland, for precedence, which was adjudged to him. He married Anne, daughter of Sir a In Dugdale's printed Lists of Summons there appears an error, (probably typographical) in reciting tlie name of John de Morley, instead of Thomas, as summoned the 11 Hen. VL " In Lodge's Peerage of Ireland, (vol. ii., p. 167,) there is a note which makes this Isabel daughter and sole heir of Michael De la Pole. In De la Pole, Dugdale says she died before the 10 Hen. V. unmarried, citing Claus 10 Hen. V. BARONIA ANGLICA CONCENTRATA. 335 John St. John, of Bletshoe, and had by her a son Henry, created a Knight of the Bath at the coronation of queen Anne BuUen, who died before him, leaving by Grace his wife, daughter of John Newport, esq., a son Henry, who on his death, the 3 Phihp and Mary, was his successor. This Henry, second Parker lord Morley, liaving succeeded his grandfather had summons to parhament to the 14 EHzabeth, inclusive. By Elizabeth his wife, daughter of Edward, earl of Derby, he had issue Edward, the third Parker baron Morley, his son and heir, who had summons to parliament from the 23 Elizabeth, to the 12 James I., and died the 16 of the same reign. In the 29 of queen Elizabeth he was one of the peers who gave judgment of death against Mary queen of Scots ; so likewise was he one of the peers, who, the 32 Elizabeth, gave similar judgement upon Philip, earl of Arundel ; as also in the 43 Elizabeth upon Robert, earl of Essex. He married Elizabeth, sole daughter and heir of William Stanley lord Monteagle, and by her had William his son and heir, which William, fourth Parker baron Morley, had summons vita patris as lord Monteagle, and succeeding his father coalesced the barony of Morley with that of Monteagle, as un- der the said title has been before mentioned.* * vide Monteagle. MORTIMER.— (22 Edw. I.) This is one of the many eminent Norman families which came over with the Conqueror, and assisted him in his proud acquirement of the English throne,^ and according to heraldic story, is represented to have been by consanguinity allied to him ;t though, ac- t Dugd. Bar. cording to the law, bastards are not considered to have any legal relatives. Roger, or Ralph de Mortimer, the first who came into England, obtained by force of arms the castle of Wigmore, in the Marches of Wales, which with very numerous manors in divers counties, he possessed at the time of the general survey. From him, after several successions, descended Roger de Mortimer, famous for the tournament he held at Kenilworth, temp. Edw. I., where he sumptuously entertained for three days one hundred knights and as many ladies, the like whereof had never before been known in England. He died circ. 10 Edw. I. having married a great coheiress, Maud, one of the daughters of William de a No conquest was ever more complete. The crown of England has continued ever since in his descendants ; and the nobility boast with pride their lineage from some one of those who were in his retinue ; whereas notwith- standing the glorious victories of the British arms to conquer France, they were eventually totally driven out, and England cannot show that she retains a single village, or an acre of land in that country, as the result of her pretended conquest. If conquest imports acquisition, the glory is to France. If it imports merely victory, the shadow of it is vith England. 336 BARONIA ANGLICA CONCENTBATA. Braose, of Brecknock, by Eve his wife, one of the sisters and coheirs of Anselm Mares- chall the last of his name earl of Pembroke. By her he had issue several sons, whereof. Sir Ralph, the eldest, died before him ; Edmund was his successor ; Roger was lord of * Vide Chirke ;* Sir William died s.p. ; and Sir Geifery died vita patris. Cljji.]^g Edmund de Mortimer, eldest surviving son of Roger, had summons to parliament from the 22 to the 30 Edw. I., inclusive, shortly after which he died, leaving Roger Mortimer his son and heir, who had summons to parliament from the 27 Edw. I. to the 30th, in the lifetime of his father. In the 29 Edw. I. he was one of those who in the parliament at Lincoln subscribed the famous letter to the pope, being then t Dugd. Lists designated " Rogenis de Mortuo mari Dominm de Penkeilyn,"f to which parliament his umm. father Edmund being also summoned, subscribed the said letter by the denomination of " Edmundus de Mortuo mari Dominus de Wigmore." He was afterwards summoned to the 1 Coron. Rot. 35 Edw. I. ; but in the 1 Edw. II. (to whose coronation he had summons,)! he had the ^' ■ addition of de Wigmore to his name, and the same in the subsequent writs to the 10 Edw. II., from which time he was not again summoned till the 20th : after then he was created earl of March, by which title he was summoned to a great council at Westminster § Dugd. Lists the 3 Edw. III.,§ having been summoned till then as Robert Mortimer de Wigmore. His earldom however was of short duration ; for being, as the general Histories relate, the great favourite of Isabel, the adulterous queen of Edw. II., he was suddenly surprised at the castle of Nottingham, was secured, and being accused in parliament of certain high crimes and found guilty, he was ignominiously executed on the common gallows near Smithfield, and being attainted all his honours were forfeited. He married Joane, daugh- ter of Peter, son of Geffery de Genevil, lord of Trim in Ireland, and thereby on her death, that lordship and other great estates came into his family. Edmund his eldest son, had not his father's title of earl, by reason of his attainder, but he was summoned to parliament as Edmund de Mortimer the 5 Edw. III., and died in the flower of his age the same year, leaving by Elizabeth his wife, one of the daugh- ters and at length coheirs of Bartholomew lord Badlesmere, (who survived him, and re- married William de Bohun, earl of Northampton,) Roger his son and heir, which Roger Mortimer was then only three years old ; but in the 20 Edw. III., though he had not fully come to his majority, the king was pleased to take his homage and give him livery of his lands, and he had summons to parliament from the 22 to the 28 Edw. III. as Roger Mortimer, excepting in the 24, 25, and 27, with the addition of de Wigmore. Having obtained the full reversal of his grandfather's attainder, he was summoned to par- liament the 29 Edw. III. as earl of March, which title he thenceforth continued to enjoy till his death, the 34 Edw. III. By Philippa his wife, daughter of Wilbam de Montacute, earl of Salisbury, he had a son Roger, who died before him, and Edmund Mortimer, earl of March, his surviving son and heir, who died the 5 Ric. II., BARONIA ANOLICA CONCENTRATA. 337 being only twenty-nine years of age. He married Philippa, daughter and heir of Lionel, duke of Clarence, son of king Edw. III., by Elizabeth his wife, daughter and heir of William, son and heir of John de Burgh, earl of Ulster, in Ireland, by which match he acquired the third part of the earldom of Gloucester, in England, with the county of Ulster, and dominion of Connaught, in Ireland. By this great heiress he had issue, Roger, his successor ; Sir Edmund, who married the daughter of Owen Glendour ; and Sir John, who was executed for treasonable practices, temp. Hen. VI. Roger, next earl of March, son and heir of earl Edmund, died the 22 Richard II., leaving by Alianor his wife, daughter of Thomas Holland, earl of Kent, Edmund his son and heir; Roger who died s.p.; and two daughters, Anne, and Alianor, which last mar- ried Edward, son of Edward Courtenay, earl of Devon, and died s.p. Edmund, who succeeded his father, was the last earl of his family, and died the 3 Hen. VI., s.p., being then aged about twenty-four years, according to Dugdale;* but as « Dugd. Bar., the same learned herald has before stated that he was born on St. Leonard's day, the 15 '°^''' ?• "*• Richard II., he must have been aged about thirty-four, rather than twenty-four" years; whereupon Richard, duke of York, son of Anne his sister, by Richard, earl of Cambridge, her husband, was by inquisition found to be his heir, and at that time fourteen years of age.t t Ibid. This Richard, duke of York, was father of Edward, afterwards king Edw. IV., and thus the great inheritances of the Mortimer family merged in the crown. MORTIMER OF RICHARDS CASTLE.— (25 Edw. I.) Robert Mortimer of the same family as the preceding, married Margery, daughter and heir of Hugh de Say (relict of Hugh, son of Walcheline de Ferrers), J and thereby j Morant, acquired Richards Castle.'' In the 12 Henry II. he certified the knights' fees of this ^° •'•'?■ honour to be twenty-three ; his grandson Robert de Mortimer married Joyce, the daughter and heir of WiUiam le Zouche, and died the 15 Edw. I. leaving his wife surviving, and Hugh, his son and heir, as also a younger son William, who took the name of Zouche, and was thence denominated Zouche of Mortimer. > King Richard reigned twenty-two years ; Hen. IV. nearly fourteen ; Hen. V. nearly ten. Therefore allowing for the interstices of time, from the birth of earl Edmund, the 15 Richard II. to the 3 Hen. VI., he must have been then thirty-four years old at the time of his death, or nearly that age. I> Dugdale in bis account of the Says of Richards Castle, (vol. i., p. 454,) differs from his account above men- tioned, under Mortimer, and states that the daughter and heir of Hugh de Say, married Hugh de Ferrers, whose daughter and heir Margery married Robert Mortimer, and afterwards WiUiam de Stutevill. VOL. i T t 338 BARONIA ANGLICA CONCENTRATA. Hugh de Mortimer, the eldest son, was summoned to parliament the 25 and 27 Edw. I., as Hugh de Mortimer, without any distinction of place ; he was also summoned equis et armis to Carlisle the 26 Edw. I., being in the writ styled a baron, when the earls and barons therein mentioned were all distinguished by their respective ranks ; but he was never summoned after the 27 Edw. I. He died the 32 Edw. I., leaving Joane his eldest daughter, aged twelve, Margaret his youngest, eight years of age, and Maud his wife surviving; of which daughters, Joane married Thomas de Bykenore, and after his death s.p., Richard, a younger son of Richard lord Talbot, of EcclesweU, in the county of Hereford, who with her had Richards Castle ; Margaret, the youngest, married Geffery Cornwall ; but not any of the descendants from either coheir were ever summoned to parliament. Hugh de Mortimer, summoued to parliament the 25 and 27 Edw. I., ob. 32 Edw. I.=pMaud Thomas Bykenore, — Joane, daughter-pRichard Talbot, Margaret, daughter-rGeffery Corn- 3. p., first husb. and coheir. | second husb. and coheir. | wall. , -^ r , ^ -^ John Talbot-pJoane de Grey. Richard. Thomas. Issue. John Talbot.=pCatherine, daughter of Gilbert. -pMargaret, daughter of Sir John Howard. I 1 1 1 1 I Richard, John, s. p. Elizabeth, -r-Warine Arch- Philippa, sis.-pSir Matthew Eleanor, ob. Richard, ob. s.p., 1382. 1388. sis. & coh. dekne. & coh.* | Gourney. innupt. vi. pat. s. p. ■It Alianor married .Sir Philippa married Sir Margery married Philippa married Sir Walter Lucy, Knt. Hugh Courtney, Knt. Thomas Arundel. John Tiptoft, s.p. Blore, p. 44, Rutland, says she married Sir .lohn Tiptoft, citing Esch. 18 Richard II., n. .^)3, and Pat. 9 Hen. IV., p. I, m. .1^ MORTIMER OF ATTILBERGH.— (22 Edw. I.) William de Mortimer, of Attilbergh, in the county of Norfolk, had summons to parliament the 22 and 25 Edw. I., by the description of William de Mortimer de Attil- bergh; but having been taken prisoner in France, he was carried to Paris, where, accord- * Esch. 25 ing to Dugdale, he died,* being then called William de Mortimer, of King stone. By Dugd Bar ' -^li^e his wife, he had issue, vol. i., p. 154. Constantine Mortimer his son and heir, who at his father's death was in minority, t Blomefield's and died in 1334,t and was interred in Mortimer's chapel. By Sibyl his wife he had issue Constantine, Robert, and Thomas : of these sons, Constantine was his successor, and the same it is presumed, who the 16 Edw. HI., had the summons to a great council to be holden at Westminster, but the meeting of of Sttmm. '^ ^ which was prorogued,! and he never after had the like summons. He died s.p., leaving 1 BARONIA ANGLICA CONCENTRATA. 339 Robert Mortimer his brother and heir, who never had any summons. By Margery his wife he had two sons, viz. : Thomas and Constantine ; which last was of Great EHngham and Bernham, in the county of Norfolk. The eldest son, Thomas Mortimer, died in the lifetime of his father, having married Mary, daughter of Nicholas Park, (mother, by a former husband, of the celebrated Sir John Falstaff,) and by her had three daughters his coheiresses, viz :* * Blomefield's Ehzabeth, married first to Ralph Bigot, of Stockton ; secondly to Henry Pakenham ; ^"^i^^ tol.ei. and thirdly to Thomas Manning, and had issue by her first and last husband. Cecily, married first to John de Herling ; and secondly to Sir John RatclifFe, by both of whom she had issue. Margaret, wedded Sir John Fitz-Ralph, whose grandson, another John, left two daughters his coheirs ; whereof, Elizabeth married Robert Chamberlayne ; and Maud, Sir Robert Convers. MORTIMER OF CHIRKE.— (1 Edw. II.) Roger de Mortimer, a younger son of Roger lord Mortimer, of Wigmore, by Maud, (or Matilda,) daughter of William de Braose, of Brecknock, had summons to most of the parhaments from the 1 to the 14 Edw. II., as Roger de Mortimer de Chirke ; and in the writ of the 5 Edw. II. is styled a baron ; the earls and barons being designated therein by their respective ranks. He deceased the 10 Edw. III., leaving, by Lucia his wife, daughter of Sir Robert de Wafre, a son, Roger de Mortimer, who was never summoned to parliament. He married Joane (or Juliana) de Turberville, and had a son John, who sold the lordship of Chirke to Richard Fitz-Alan, earl of Arundel,t and after that period, though his posterity long ^ jhy. „. 155. continued in the male line, none were ever summoned to parliament. SIMON DE MORTIMER.— (24 Edw. I.) For this person, unnoticed by Dugdale, vide Vol. II, MOUBRAY.— (22 Edvf. I.) The first person mentioned of this name was Robert de Moubray, (or Mowbray) earl of Northumberland, temp. William Rufus, nephew of Geoflrey, bishop of Constance,t but vol. i.^'p. 5" ' 340 BARONIA ANGLICA CONCENTRATA. whence the name originated does not appear. This earl Robert being in rebellion against king Hen. I., had his earldom and lands forfeited, which last were given by the king to Nigel de Albini, whose father Roger is said to have married Amicia de Moubray, sister to earl Robert. Roger de Albini, son and heir of Nigel, becoming possessed of the lands of Mou- * Dug. Bar., bray, by the special command, as it is related,* of king Henry, took the surname of Moubray, and was progenitor of the succeeding dynasty. William, grandson of Roger, was one of the celebrated twenty-five barons appointed to enforce the observation of the Magna Charta, temp, king John. His eldest son and heir Nigel dying s.p., he was succeeded by his brother Roger, father of another Roger de Moubray, who had summons to parliament the 22, 23, 24, and 25 Edw. I., and died the year following, leaving John his son and heir, which John de Moubray had summons from the 1 to the 14 Edw. II., as John de Moubray. He married Aliva, daughter and coheir of William de Braose, of Gower,* and thereby ac- quired that inheritance. Having joined in the insurrection under the earl of Lancaster, he was among those who were taken prisoners at Boroughbridge, and was afterwards hanged at York, 15 Edw. II. His son and heir, John de Moubray, found great favour from Edw. III., and had livery of his lands before he came at full age. He was summoned to parliament from the 1 to the 34 Edw. III., and died the year following, having had issue by Joane his wife, one of the daugh- ters of Henry, earl of Lancaster. John de Moubray, the fourth baron, who had summons from the 36 to the 39 Edw. i,..\ III., as "John de Moubray, de Awihohn" but was slain near Constantinople, on his way to the Holy Land, the 42 Edw. III. He greatly advanced his family by marriage with Elizabeth, daughter and heir of John lord Segrave, by Margaret his wife, daughter and coheir of Thomas of Brotherton, earl of Norfolk, and marshal of England, son of king Edw. I., by his second queen. By this great lady he had issue two sons, whereof, John, fifth lord Moubray, his eldest son and heir, at the coronation of Richard II. was created earl of Nottingham, but died soon after, unmarried, leaving Thomas de Moubray, his brother and heir, who the 6 Richard II. was created earl of Nottingham, and three years after was constituted Earl*" Marshall of England for life. + Rot. Pari. After when, the 20 Richard II., he obtained a confirmationt of the office, with the name 20 Ric. II., T. jjjj(j honour of Earl Marshal of England, to him and the heirs male of his body, and that lii., pp. 343-4. . they by reason of the said office, should bear " a golden truncheon enamelled with black a This barouy (if it was one) fell into abeyance between Moubray and Bohun of Midhurst, which does not ap- pear to have been ever determined, though the family of Howard, eventually coheirs to Moubray, included it with their Norfolk honours. b Sandford says he was the first earl Marshal ; for before him they were only Marshalt. BARONIA ANGLICA CONCENTRATA. 341 at each end, having at the upper end the king's arms ; and at the lower, their otim arms en- graven thereon." Moreover, the 21 Richard II. he was created duke of Norfolk; and his grandmotlier, the countess Margaret (then Hvinsr) was at the same time created duchess of Norfolk.* * ^?'-^"^-' ° ^ ^ 21 Ric. II., But after all this greatness he fell into disgrace,t for being accused by Henry, duke of v. m., p. 355. Hereford (afterwards king Hen. IV.) of having spoken words disrespectfully of the king, oorm. s^Ext. a challenge thereupon ensued ; a day for combat was appointed ; the noble dukes entered ^^^n., vol. u. the lists ;^ but the king, when they were about to engage, forbade the combat. The duke of Norfolk was banished for hfe, the duke of Hereford for ten years. The duke of Norfolk retired abroad, and died at Venice of the pestilence ; but according to Sandfordt t Sandford's ' ... Geneal. Hist. of grief, anno 1400, 1 Hen. IV. By his second wife, Elizabeth, sister and coheir of Thomas Fitz Alan, earl of Arundel, he had two sons, Thomas and John ; also two daugh- ters, Isabella (or Isabel) who married Sir James Berkeley, knight ; and Margaret, Sir Robert Howard, whose issue became eventually his coheirs. Thomas, the eldest son, was in minority at his father's death. He never had the title of duke, and Dugdale says, nor any other but that of Earl Marshal ; but taking part in a conspiracy to dethrone the king, he with others was beheaded at York the 6 Hen. IV., but not having any issue he was succeeded by John de Moubray, his brother and heir, who, the 1 Hen. V., by writ addressed Johanni Cotuiti Mareschallo, was summoned to parliament ; and from thence, by the same title, to the 3 Hen. VI., inclusive ;§'' but in the next year, 4 Hen. VI., he had sum- § Dugd.Listi. mons as duke of Norfolk, || having, in the words of Dudgale, been restored to that dignity n ibid. in the parliament holden at Westmmster the 3 Hen. F/.1| But as the act of banishment t Dug. Bar., against his father was not attended with any attainder, there was no forfeiture incurred, and therefore it does not appear that, although his elder brother Thomas only used the title of Earl Marshal, he was incapable to succeed his father in the dukedom. The pro- ceedings in the parliament at Westminster do not contain any enactment of restoration, the decision was merely a recognition of right ; they originated in a controversy between this John, Earl Marshal, and the earl of Warwick for precedence ; the Earl Marshal alledging that he was earl of Norfolk by descent, as heir as well to that title as to the arms royal of England, from Thomas of Brotherton, earl of Norfolk, younger son of king Edw. I., and so created by his brother of the half blood, Edw. II., anno 6 of his reign, to him and his heirs for ever. But this dispute, after divers hearings, was terminated by reason that the said John, Earl Marshal, was heir to the dukedom of Norfolk, and as • Vide a detailed account of the spendid entry of the two distinguished combatants into the lists prepared for their encounter, in SmoUet's History of England, under the reign of Richard II. •> In Dugdale's Writs of Summons the 1 and 2 Hen. VI., the name is printed Thomas, instead of John, Earl Marshal, but in the 3 Hen. VI., it is thea printed John. 342 BARONIA ANGLICA CONCENTRATA. such was adjudged to bear that title with a reservation to his heirs, as to the question of * Rot. Pari., precedence as earl of Norfolk* 267,"dp^275. Having thus had the title of duke of Norfolk confirmed to him, he thenceforth bore the same, and had summons to parliament by it till his death the 11 Hen. YI.ub'A 9>fub By Katherine his wife, daughter of Ralph Nevil, earl of Westmorland, he left issue John his only son and heir, which John de Moubray, duke of Norfolk, died the 1 Edw. IV., leaving by Eleanor his wife, daughter of William lord Bourchier, an only son and heir, John de Moubray, the last duke of Norfolk of his family, who, the 29 Hen. VI., in the lifetime of his father, had been created earl Warren and Surrey, titles which had been enjoyed by the Fitz Alan family ; whereof Thomas de Moubray, the first duke of Norfolk, had married Elizabeth, one of the sisters and coheirs to Thomas, earl of Arundel and of t Banks's Surrey .t He died circ. 15 Edw. IV., having married Elizabeth, daughter of John Talbot, Bar., vol. iii. earl of Shrewsbur}', and had issue an only daughter and heiress, Anne, which Anne Mowbray, by reason the titles of duke of Norfolk, and earl Warren and Surry, were limited to issue male, could not succeed to either ; but the baronies of Moubray and Seagrave, with a moiety of the barony of Braose of Gower, being derivable from writ of summons, devolved upon her^as heiress general of her family. She was contracted in marriage to Richard, second son of king Edw. IV., who by special charter created him X Chart. 16 duke of Norfolk, and earl Warren, to hold to him and the heirs male of his body •,% but the fate of this young prince is well known, that he and his brother Edward V. were both smothered in the tower, s. p. Thus the marriage was never consummated ; and there not being any issue of the body of this lady Anne, the baronies of Moubray and Seagrave fell into abeyance between the families of Berkely and Howard, descended from Isabel and Margaret, the two daughters, and at length coheirs of Thomas de Mowbray, first duke of Norfolk. The abeyance of the barony of Seagrave does not appear to have been ever determined. But the 15 Cha. I., Henry, eldest son of Thomas Howard, earl of Arundel, had summons to parliament by writ, viz : Prcedilecto et fideli sua Henrico § Dugd. Lists Moubray Chiv' (primogenito Thames Comiiis Arundelue.) Teste &c., 21 Martii.§ Summ. j^ ^^^ ^j ^^^j 22 Car. II., Henry, eldest son of Henry, duke of Norfolk, had sum- mons by writ directed, "Henrico Moubray, Che' r primogenito Henrici Duds Norff;" and II Journ.Dom. was introduced and placed in the upper end of the barons' bench, 28 January, 1677-IJ' roc. rpj^^^ barony of Moubray, with the coheirship to the baronies of Seagrave, and Braose of\ Gower, continued in the Howards, dukes of Norfolk, until the death of Edward the duke, in I777j s.p., when all the baronies in fee fell into abeyance between the daughters and coheirs of lord Philip Howard, his brother, viz : Winifred, the eldest, who married Wil- liam lord Stourton ; and Anne, the youngest, who married Robert lord Petre. The dukedom of Norfolk, with the earldom of Arundel, and. the other h^onQUfs annexed,, BARONIA ANGLICA CONCKNTRATA. 343 thereto, by the act of parliament of the 3 Car. I., and by various subsequent acts, settle- ments, and patents, devolved upon the next heir male, in the person of Charles, grand- son of Charles Howard, of Greystock, brother to Henry, grandfather of him the said duke Edvvard\; which Charles Howard, so succeeding to the dukedom of Norfolk, and the entailed honours, died in 1786, leaving Charles his only son and heir, the next duke; who died in 1815, s.p., when the Norfolk honours again reverted to a collateral younger branch of the family in Bernard Edward Howard, the fag end of an old stock nearly worn out by de- crepitude ; which Bernard Edward, late duke of Norfolk, left issue an only son his suc- cessor, and now duke ; concerning whose legitimacy, much may be seen by the perusal of the evidence given on the action for adultery brought by his father against colonel Bingham, afterwards earl of Lucan. Henry Frederick, Earl of Arundel.=7= I I I r I ^ I I I I Thomas, restored Henry, bro.=p. .. . Philip, Charles of Greystock, a quo Three Bernard, a quo Duke of Norfolk, & heir, ob. .... s.p. Charles, Duke of Norfolk, who other the late Duke ob. coelebs. circ. 1684. | .... died in 1815, s.p. sons. Bernard Edw. ( I I I I 1. Henry Duke 2. Thomas of Work -^ 3. George. 5. Frederick Henry, a quo (as of Norfolk, ob. sop, ob. vi. fratris, 4. James. presumed by evidence) the un- 1701, s.p. 1689. I fortunate Mr. Walter Howard. I 1 1 1 1 Thomas succeeded his uncle Henry, ob. Edward, heir to his brother Richard, 1 =^Philip, ob.-p2 Duke Henry, ob. 1732, s.p. vi.frat.s.p. Duke Thomas, ob. 1777. s.p. s.p | vi. fratris. I r T I 7- 1 Thomas, ob. inf. set. Winifred married Wil- Edward, ob. 1765, vi. Anne married Robert vi. Duke Edward, s.p. liam Lord Stourton. Duke Edward, s.p. Lord Petre. MULTON OF GILLESLAND.— (1 Edw. II. Thomas de Multon having given one thousand marks to the king (John) for the wardship of the two daughters and coheirs of Richard de Lucie, baron of Egremont, in the county of Cumberland ; afterwards married them to his two sons Lambert and Alan, whom he had by his first wife. Of these sons, Lambert married Annabel the eldest daughter, and had a son Thomas, who continuing his paternal name, was called Thomas de Multon, of Egremont. Alan the other son, married Alice the other daughter and coheir of Richard de Lucie, and had a son also called Thomas, who assumed his mother's name of Lucie, as has before been mentioned under that article.* * Vide Lucie. a Vide Memoirs of Walter Howard, and the way in which his nearer consanguinity to the right of succession upon the death of duke Edward, in 1777, was resorted to, for the purpose of mystifying his descent; a curious and vei^ihteresting pamphlet; 8vo.,very scarce. 344 BARONIA ANGLICA CONCENTRATA. The said Thomas, father of Lambert and Alan de Multon, married to his second wife, Ada, widow of the aforesaid Richard de Lucie, and daughter and coheir of Hugh de Morville, by Ada his wife, daughter and heir of WiUiam Engayn, by Ibria his wife, daughter and heir of Robert D'Estrivers, baron of Burgh-upon-the-Sands, and hereditary forester of Cumberland. By this great heiress he had Thomas his son, who on his death, the 24 Hen. IIL, was the heir to his mother's inheritance. This Thomas de Multon married Maud, daughter and heir to Hugh de Vaux, baron of Gillesland, and dying the 55 Hen. IIL, was succeeded by Thomas de Multon, his son and heir, who died the 2] Edw. I., leaving a son and heir Thomas de Multon, who deceased very shortly after his father, viz., the 23 Edw. I., leaving Thomas his son and heir, aged thirteen, and Isabel his wife surviving, which Thomas paying his baronial relief of one hundred pounds, when he came of age, had livery of his lands, and had summons to parliament from the 1 to the 7 Edw. II. inclusive, as Thomas dc Multon, de Gillesland, by which denomination he also had summons to the * Coron. Rot. coronation of king Edw. II.* He died soon after his last writ of summons, leaving by Mar- garet his wife, a sole daughter and heiress Margaret, who married Ranulph de Dacre, and carried the liarony of Gillesland into that family, which is now represented by the pre- t Vide Dacre. sent Baron dc Dacre, heir general of Multon and De Dacre. f MUSGRAVE.— (24 Edw. III.) t Ex. M.S. Inf.Wm. Peon. Arm. Thomas Musgrave, of a very ancient family, though none were ever before called to parliament, had summons thereto from the 24 to the 47 Edw. III. ; but never after, nor any of his descendants, who continued long after. He was a very distinguished com- mander in the wars of Scotland, but the 2 Ric. II. had the mischance to be taken pri- soner, when he gave mainpevnors, or securities, for the payment of his ransom : yet when the time for payment became due, he refused to make it ; so that it fell to his main- pevnors to disharge it ; of which complaints being made to the king, he ordered his lands to be seised. This detracts not a little from his character as a baron of the realm, and a soldier ; but if this barony is one claimable at this day, it is to be hoped more honour runs in the blood of the heir thereto, who is said to be Thomas Davison Bland, esq., of Kippax Park, in the county of York.f He died circ. 7 Ric IL, leaving male issue ; from whom descended Sir Richard Musgrave, of Hartley Castle, the third baronet, whose only daughter and heir general, Mary, married Thomas Davison, of Blackstone, in the county of Durham, esq. Dugdale only notices one wife of Thomas the baron, namely, Isabel, widow of Robert, son of BARONIA AXGLICA CONCENTRATA. 345 Robert lord Clifford ; but other authorities assert she was his third wife ;* and which, by * Kimber's perusal of Dugdale's account of the family,t and that he married her the 44 Edw. III., v. i., p. 45! and had a son Thomas, a knight, the 2 Ric. II., who was taken prisoner with his father, ^ ii^'^^Vs appears the most correct. Edward Musgrave, seventh in descent from Thomas Baron Musgrave.^=Joan, dau. of Sir Christopher Ward, Knt. I -T-' 1. Sir WiUiam.=pElizabeth, dau. of Sir Thomas Curwen. 2. Simon.=^ulian, dau. of William EUerker, Esq. Sir Richard, ob. 1535.-r Agnes, dau. of Thomas Lord ^\'harton. Christopher. -pJoan, d. of Sir Henry Corwen. I ' 1 I Thomas ob. 1565, Eleanor mar. Sir Robert Sir Richard died at-pFrances, dau. of Philip aged 13. Bowes, of Aske. Naples, ISJas. 1. J Lord Wharton. I Sir Philip,* the second Baronet, ob. 1677-8. -pjulian, dau. of Sir Richard Button. r S 1 1. Sir Richard, third-pMargaret, daughter of Sir 2. Philip died in 3. Christopher succeeded to Baronet. | Thomas Harrison. France. the Baronetcy, as heir male. Mary, only daughter, married Thomas Davison, of Blackston, county of Durham, Esq. • He is said to have had a warrant for creating him Earon Musgrave, of Hartly Castle, but never took out the patent, — but query this fact. NEREFORD.— (22 Edw. I.) William de Nereford had summons to parliament the 22 and 25 Edw. I., but never after. He died the 29 Edw. I., having married Petronilla, one of the daughters and co- heirs of John de Vaux, who survived him, and died anno 1326, John de Nereford, his son and heir, was never summoned. He died s. p., leaving Thomas his brother and heir, who was never summoned. He left issue, Sir John de Nereford, who was slain in France circ. 38 Edw. III., leaving Margaret his sole daughter and heir, who died unmarried, anno 1417.* MUNCHENSL— (45 and 49 Hen. III.) William de Munchensi, son and heir of Warine de Munchensi, a great and power- ful baron, was one of those summoned to the parliament convened to meet at London, " Vide Rot. Pari., v. Hi., p. 39, m. i.- — Petition of Alice Ne\-il, widow of Sir John Nereford, (who after his death had married Sir John Nevil, of Essex,) respecting the forcible seisure of Margaret, her daughter, from the house of her grandmother Alice, i. e., mother of John Nereford, father of her the said Margaret. Maud de Nereford, concubine to John the last earl Warren, by whom he had two sons, who bore the name of Warren, is supposed to have been a daughter of William de Nereford. — (Vide Dugdale and Banks's Dormant and Extinct Baronage.) VOL. I. UU 346 BARONIA ANGLICA CONCENTRATA. * Claus. Rot., by the kinsf s writ, the 45 Hen. III.* ; and being one of those great men in arms against m. 3., in Dors. ,,.,„. . the kmg, under Simon de Montfort, had summons to that parhament which was called t Dug. Lists by them in the king's name to assemble in London the 49 Hen. Ill.t He was taken prisoner by the king's forces a little before the battle of Evesham, and his lands were seized; but afterwards, on the accession of king Edw. I., he obtained his pardon. He died circ. 17 Edw. I., leaving an only daughter and heir Dionysia, who married Hugh de Vere, a younger son of Robert, earl of Oxford. Dionysia, his wife, was buried in the t Weaver's Grey Friers, London. J Fun. Men. § Baron., T. i., p. 565. MUNCHENSL— (45 Hen. lU.) Besides the before named William, there was another William de Munchensi, (or Monte Canisio, as sometimes written,) who, according to Dugdale,§ was of Edwardeston, in the county of Suffolk, and was a younger brother to Warine, father of the first named Wil- liam. His name appears also in the writ of summons to the parliament called by the II Claus., m. 3, king the 45 Hen. nL|| He married one of the daughters and heirs of William de Beau- champ, baron of Bedford, and had male issue, but none of them ever had summons to parliament. MULTON OF EGREMONT.— (25 Edw. L) In the time of king Hen. I. mention is made of Thomas de Multon, so named from the place of his residence, at Multon, in the county of Lincoln. From whom descended Lambert de Multon, who married Annabel, eldest of the two daughters and coheirs of Richard de Lucie, (or Lucy) baron of Egremont, in the county of Cumberland ; and had issue, Thomas, called Thomas de Multon, of Egremont, from having acquired that manor, or barony. He left a son of his own name, Thomas de Multon, who had summons to parliament from the 25 Edw. I. to the 14 Edw. II. He was one of those who in the parliament at Lincoln, the 29 Edw. I., subscribed the letter to pope Boniface, by the description of " Thomas de Multon, Domi- nus de Egremont ;" and by the same denomination had summons to the coronation of t Coron. Rot. king Edw. II.H From the 1 Edw. II. to the 14, he was stiled in the writs of summons i*^m "ists " Thomas de Multon de Egremont ;"** and in the writs of the 5 Edw. II. he is distin- of Summ. guished as a baron ; the earls and barons then summoned being therein noted by their ■ft Ibid. respective ranks.ft He died the 15 Edw. II., and was succeeded by John de Multon, his son and heir, who had summons from the 6 to the 8 Edw. III., but died shortly after, in the same year, s.p., leaving his three sisters his coheirs. BARONIA ANGLICA CONCENTRATA. 34? viz : Joan, wife of Robert lord Fitz Walter ; Elizabeth, wife of Walter de Bermingham ; and Margaret, wife of Thomas de Lucie ; in whose descendants and representatives the baronv remains in abeyance, never yet determined. NEVILL OF RABY.— (22 Edw. I.) This very noble and ancient family in the male line is descended from Robert Fitz Mal- dred, lord of Raby, in the county of Durham, traditionally sprung from Uchtred, earl of Northumberland, in the days of king Edmund Ironside.* This * Dugd. Bar., Robert Fitz Maldred married Isabel, sister and heir to Henry Nevill, and only ■''''■ daughter and heir of Geoffrey Nevill, by Emma his wife, daughter and heir of Bertram de Bulmer, lord of Branspeth, in the county of Durham ; which Geoffrey, on the autho- rity of the heralds, was grandson of Gilbert de Nevill, admiral of the fleet of William the Conqueror. Geoffrey, son and heir of Robert Fitz Maldred, and Isabel Nevill, assumed his mother^s name, and had issue Robert, whose grandson Ralph, (son of his son Robert, who married Marj^, daughter and coheir to Ralph Fitz Randulph, lord of Middleham, and died vita patris,) was successor to him the said Robert, his grandfather ; which Ralph de Nevill had summons to parliament from the 22 Edw. I. to the 5 Edw. III.; but he was not summoned to the parliament at Lincoln, the 29 Edw. I., though his seal was affixed to the letter then written to the pope, being described "Ranulphus Nevill de Raby.f" He died in 1331, and was succeeded by t Dug- List. Ralph, his second surviving son and heir, (Robert, his eldest, having died before him, s.p.,) who had summons from the 5 to the 39 Edw. III., and died the next year, (1367,) leaving John de NeviU his son and heir, who was summoned from the 42 Edw. III. to the 12 Ric. II., as John Nevill de Raby. He was twice married: his first wife was. Maud, daughter of Henry lord Percy, by which lady he had Ralph, his son and heir ; and Tho- mas, who having married the heiress of the barony of Furnival, was summoned to par- liament, as under that title has been before mentioned.! His second wife was Elizabeth, + Vide Fur- nival, daughter and heir of William lord Latimer, and by her he had a son John Nevill, who was called to parliament by that title ; of which notice has before been taken under that article.§ § Vide Latimer NEVILL, EARL OF WESTMORLAND. Ralph, eldest son and heir of John lord Nevill, by Maud Percy, had summons to par- liament from the 13 to the 20 Ric. II., as Ranulph de Nevyll de Raby; and the following 348 BARONIA ANGLICA CONCENTRATA. * Vide Montagu. t Vide Fauconberg. t Vide Latimer. § Vide Abergavenny. II Vide Ferrers of Oversley. year, 21 Ric. II., was created earl of Westmorland. He was a shrewd politician and very artful man, took advantage of the times, interposed (as his interest served him) be- tween the fluctuating parties of the day, and so managed to preserve himself in place, power, and favour. He married two wives, and had by them so many sons and daugh- ters that the family of Nevill became the greatest house of alliance of any subjects in the whole kingdom. He died very old, circ. 4 Hen. VI. His first wife was Margaret, daughter of Hugh, earl of Stafford ; his second, Joane Beaufort, natural daughter of John of Ghent, duke of Lancaster, by Catherine Swinford, by which Joane he had issue, first, Richard, who became earl of Salisbury,* and was father of Richard Nevill, the famous earl of Warwick, slain at Barnet ; second, William, who was summoned to par- liament jure uxoris, lord Fauconberg,t and was afterwards created earl of Kent ; third, George, who was lord LatimerJ ; fourth, Edward, who became lord Bergavenny,§ and whose male line still continues under the now title of earl of Abergavenny ; and fifth, Cuthbert, who was bishop of Durham; and three other sons, who are said to have died s.p. His daughters by Joane Beaufort, were, Catherine, who married first, John Moubray, duke of Norfolk, and secondly. Sir John Widvile ; Elizabeth, or Eleanor, who married, first, Richard lord Spencer, and secondly, Henry Percy, earl of Northumberland ; Anne, who married, first, Humphrey Stafford, duke of Buckingham, and secondly, Walter Blount lord Montjoy ; Jane, a nun ; and Cecily, who married Richard, duke of York, father of the kings Edw. IV. and Richard III.^ The issue of this great earl, by Margaret his first wife, was two sons, viz : John, who died before him, leaving a son Ralph the next earl ; and secondly, Ralph, who married Margery, daughter and coheir of Sir Robert Ferrers of Oversley ;|| also seven daughters, of which two were nuns, and the others married into the principal houses of the nobility. Ralph, second earl of Westmorland, and grandson of Ralph, the first earl, had a son John, who died vi. pat. s.p., and therefore deceasing s.p.s., was succeeded by his nephew Ralph, son of his brother John, slain at Towton, 1461. Ralph, third earl of Westmorland, had issue Ralph, his only son and heir apparent, who died before him, leaving Ralph his son and heir, which Ralph, upon the death of his grandfather in 1523, succeeded as fourth earl of West- morland, and left issue, Henry, his son and heir, the fifth earl, whose son and successor, Charles, was the last earl of the great Nevill family. This Charles, sixth earl of Westmorland, joining with the earl of Northumberland and others, in the insurrection the 13 Eliz., was attainted, and all his honours and very great Vide an interesting and historical novel, 'jiititled " Cecily, or the Rose o/Rabi/.' BARONIA ANGLICA CONCENTRATA. 349 possessions forfeited. His life was saved and he retired abroad, where he hved to a very great age. Ill an account of the pilgrims from England to Rome, it is mentioned, viz : " Anno 1581, May 22, Conies Westmorland'uB Anr/lus Dioc. Dunelmensis receptus fuit in hospitio cum tribus famulis." He was the last of the Nevills, earls of Westmorland, and was at- tainted for the rebellion in 1569. He died s.p.m., leaving four daughters, viz: Catherine, married to Sir Thomas Grey, of Chillingham ; Elizabeth died unmarried ; Margaret was wife of Nicholas Pudsey ; and Anne married David, brother to Sir WiUiam Ingleby, knight; among which daughters the barony of Nevill, of Raby, would have fallen into abeyance, and the earldom of Westmorland have gone to the next heir male, had not the attainder confiscated all these honours. The earldom was afterwards claimed by Edward Nevill lord Abergavenny, but it was adjudged against him the 2 James I., the decision being grounded on the statute of the 26 Hen. VHI., (c. 13), by which it is enacted, that in cases of treason the offender shall forfeit all such lands, tenements, and hereditaments wherein he shall have any estate of inhej-itance ; thus making titles of dignity to come within the words hereditaments and estate of inheritance. NEVILL OF ESSEX.— (9 Edw. IIL) Sir William Dugdale, in his account of this eminent family, notices many of the name, but without showing their connection (if any) with each other ; though probably all descended from the same common ancestor. Yet it may be much doubted whether the Gilbert de Nevill, who, on genealogical story, is said to have come into England with the Conquerer, and to have been admiral of his fleet, ever filled that high command, as he does not appear to have had any lands at the general survey, which it might be pre- sumed he would have obtained, pro\'ided he had been so distinguished an officer at that memorable period. He might have been pilot of the expedition, or boatswain of the Conqueror's own vessel. Be that as it may, among others of the name, particular mention occurs of JoUan de Nevill, a justice itinerant, temp. Hen. IIL; by reason whereof, says Dug- dale,* that MS. book in the exchequer (with the king's Remembrancer) containing the * Baron, knights' fees throughout the greatest part of England (then certified) bears still the name of " Testa de Nevill." A Hugh de Nevill was about the same time,t who married Joane, granddaughter t IWd. and coheir (with Margaret de Ripariis, her sister,) of William de Courc)', a great baron. His son and heir, John de Nevill, was justice of all the forests throughout England, but eventually died in disgrace, and was buried near his father's tomb, at the abbey of Wal- 350 BABONIA ANGLICA CONCENTBATA, * Baron. tham, in Essex, leaving a son Hugh, from which Hugh, says Dugdale, I (/hess* descended John de Nevill of Essex, ffo7- his father's name was Hugh) which John had summons to parliament the 9 Edw. III., as John de Nevill, but in the 10, and afterwards to the 23 Edw. ni. inclusive, with the addition of De Essex. He died the 32 Edw. HI., s.p., when William, the son of John Senior, of Sylam, was found his kinsman, and next heir. It is here to be observed, that Dugdale in his Baronage, does not take any notice of Hugh de Nevill, who in his Lists of Summons, is mentioned to have been summoned to parliament the 5 Edw. II., being in the writ styled a baron; the earls and barons having their respective ranks particularly distinguished therein. From the 5 to the 19 Edw. II., inclusive, he was again summoned, and also the 6, 7, 8, and 9 Edw. III., (if he be the same Hugh) which last writ is tested the first of April, to a parliament at York. This Hugh seems to have been the before named father of John, and probably died about that time ; being succeeded by his said son John, whose first writ is dated the twenty-second of January, then next ensuing, to a parlia- ment to be holden at Westminster. Hugh de Nevill, of Great Totham, Essex. — Lib. Rub. anno 1210.^ I ' John of Totham. — Inq. 10 Edw. /.=p Hugh held Totham, oh. 1335, (9 Edw. III.)=F r r ' John held Totham, ob. 25 July, 1358, s.p.— Fide Esch. 9 and 32 Edw. //7.=Alice —Vide Dugdale. ROBERT DE NEVILL.— (16 Edw. III.) There was a Robert de NeviU, of whom no mention is made by Dugdale, who had sum- mons to a great council to be holden at Westminster, the 16 Edw. III., but which was t Dug. Lists afterwards prorogued,t and he was never again summoned, of whom Sir Harris Nicolas, of Sum. jj^ jjjg Peerage Synopsis, says, nothing farthei' is known.X V. ii., p. 464. To adopt the words of Dugdale, which he sometimes uses, when uncertain of the correctness of his statement, it may be ghessed, that the following pedigree may probably show who he was : — Geffery Nevill, of Hornby, (jure uxoris)^Margaret daughter and heir of John de Longvillers, of Hornby. I -" -1 John Nevill=p Robert NeviU.^ ■ ' r ^ John, heir to his grandmother, 12 Edw. II. Robert Nevill, of Hornby.^ Sir Robert Nevill, of Hornby.^. Thomas, ob.-j- Margaret, aunt and coheir of =pSir William Har- Joan, coheir with her sister Margaret, vi. pat. I Margaret, Duchess of Exeter.^rington, K.G. married John de Langton. Margaret, daughter and heir, married Thomas Beaufort, Duke of Exeter, ob. s.p.s. BARON'IA ANGUCA CONCENTRATA. 351 NEWMARCH.— (45 and 49 Hen. III.) Sir William Dugdale in his Baronage has given an account very confused and un- connected of this most ancient and eminent family, the principal branch of which seems to be the one which forms the subject of this notice. Adam de Newmarch, according to Dugdale, ■\\-as one of the rebel barons in the time of Hen. III., who had summons to the parliament of the 49 Hen. III., called by them in the king's name to meet in London ;* but while this summons is thus men- pg^g*"'*|jj"'j tioned, it is passed over that he was summoned to the parliament convened by the king himself (when not under durance) to meet in London anno the 45 Hen. III.,t four t Ibid., m. 3. years antecedent ; to which parliament, it is stated by Hollinshead, that the barons refused to attend, because it was not at Westminster, the usual place of assembhng : yet this is a somewhat extraordinary objection, inasmuch as the place of meeting was the same as that appointed by the barons in their own writ of summons. The two summonses, however, manifest the degree of rank of the persons therein named. With this Adam de New- march Dugdale closes his account of the family, stating his so doing to be by reason neither he nor any of his descendants were ever again called to parliament. But from this stem it appears that Sir Thomas Wentworth, when he was created earl of Strafford, thought fit to assume the title of baron Newmarch among his honorial dignities, although it does not appear that any of the family of Newmarch ever had sum- mons to any parliament, excepting Adam in the years before mentioned. In this respect however the earl had precedents to follow. The earls of Oxford assumed the names of Sandford and Bolebec, as baronies vested in them, though no Sandford nor Bolebec was ever a baron by parliamentary writ. The earls of Arundel similarly adopted the titles of barons Fitz Alan, Clun, and Oswestry, yet no such baronies ever existed by a parliamentary summons ; and even had there been a summons, it could only have been Fitz Alan, lord of Clun and Oswes- try, one barony, but not three. The dukes of Norfolk, heirs to the earls of Arundel, have incorporated the same titles with their dukedom, and to render the farce of dignity more evident, got them comprehended in an act of parliament for the entail to heirs of an almost interminable extinction. The earls of Northumberland in like manner as- sumed the title of baron Lucy, because they acquired the lands of Lucy ; still they were not even descended from the the blood of the barons Lucy, and had not the like des- cents as the earls of Oxford and Arundel had from Sandford and Bolebec. Tenures in capite being abolished by the act of parliament of Charles II., the continuance to use titles which were appurtenant to land, and that land most probably no longer in the 352 BARONIA ANGLICA CONCENTKATA. possession of those who take upon them to bear such titles, must surely in these days be deemed a mimickry of nobility. How many are there among the great landholders in England, who possess by descent the ancient baronial lands of their ancestors, and yet do not pretend to style themselves barons, and even were they so to do, would not be allowed the high distinction of a parliamentary peerage. Of this there is a particular instance in the case of the Dymoke family, still holding their baronial manor of Scrivelby, and its dignified concomitant office of champion to the sovereigns of England on their coro- nation day, — the office allowed, and the title of baron negatived. The Boyntons still possess Burton-Agnes, in the county of York, descendable to them through the Somer- villes, from the StuteviUes ; but do not assume the title of barons SomerviUe, or Stute- ville. NORFOLK.— (6 Edw. II.) Thomas Plantagenet, (surnamed of Brotherton, from the place of his birth) son of king Edw. I. l)y his second wife, was by his haK brother king Edw. II. created earl of * Chart. Norfolk, to hold to him and the heirs of his body, in the sixth year of his reign;* and Edw. II., n. 30. afterwards the 9 Edw. II. had the office of Marshall of England given to him, to hold to t Ibid. 9 Edw. him and the heirs male of his hodij.-f He married Alice, daughter of Sir Roger Halys, and had issue a son Edward, and two daughters, Margaret and Alice. Edward dying s.p., his two sisters were his coheirs ; of these, Alice the youngest, married Edward de Montacute ; and Margaret the eldest, married, first, John lord Segrave, and secondly. Sir Walter Manny, which Margaret styled herself countess of Norfolk, and was after- j Chart. 21 wards, by king Richard II., 'created duchess of Norfolk, for life.f She lived to a great age, and dying the year after her creation, was buried at the Fryers Minors in London. This great lady having, by the failure of all issue from her sister Alice, become sole heiress of her father Thomas of Brotherton, earl of Norfolk, which earldom upon her 5 Vide Mou- decease, devolved upon her grandson Thomas, duke of Norfolk,§ in whose line it con- tinued till the death of John, the fourth duke, whose only daughter and heiress, Anne, contracted in marriage to Richard, second son of Edw. IV., dying s.p., the earldom (for the dukedom had become extinct) feU into abeyance between the issue of Margaret and Isabel, the great aunts, and eventually coheirs of John, the fourth and last duke,* which abeyance has never been determined, the advancement of Sir John Howard by king Richard III., being confined to the dukedom of Norfolk only. If the creation of '' Sir Harris Nicolas, in his Synopsis, (v. ii., p. 471,) says that the earldom became extinct on the death of Thomas of Brotherton, s. p. m.; but this is contradicted by the claim of John, the duke, in parliament, temp. Hen. VI., for precedence as earl of Norfolk, by descent over the earl of Warwick. BARONIA ANGLICA CONCENTRATA. 353 Thomas Howard, earl of Arundel, in 1644, to be earl of Norfolk, with limitation to the heirs male of his body, is not to be considered a determination of the abeyance of the old earldom of Norfolk ; thus the Howard moiety of the earldom is now in abeyance between his coheirs general, the lords Stourton and Petre. 1st. wife. T=Thomas of Brotherton, created Earl of Norfolk,=p2nd. wife.— Mary daughter of tt'illiam Lord Alice, dau. of Sir Roger Halys. to the heirs of his body ; Marshall of England, 1 Roos, widow of William Lord Braose, of to the heirs male of his body, ob. 1338, buried Gower, remarried to Sir Ralph Cobham,Knt. at St. Edmundsbury. | ob. 36 Edw. III. L. I 1 : rrr-: , . . . -n Ed- 1st. husb.=pMargaret, dao. & coh. created DachessT=2nd. husb. Alice, =pEdward John, son of Mary ward, John Lord I of Norfolk, 21 Ric. II. ob. 22 Ric.IL Sir Walter dau.& I deMon- the Countess s.p. Segrave, | bur. at the Friars Minors, London. | Manny. coh. | tacute. Marshal. _1- -\ EUzabeth^John Lord Blanch Segraye, dau. and Thomas died Anne, ^John de Has- Joane, dau. smd heir, Moubray. coh. Abbess at Barking, in young, s.p. bapt. 23 I tings, earl of mar. Wm. de Ufford, the county of Essex. Edw. III. | Pembroke. Earl of Suffolk, s.p. s. I Issue, Vide Moubray. John de Hastings, last Earl of Pembroke, ob. 1389, s.p. Segrave, d. & coh. NORRIS.— (14 Elizabeth.) Sir Edward Norris, son of Sir William by Jane his second wife, daughter of John de Vere, earl of Oxford, married Frideswide, sister and coheir of Francis viscount Lovel,* * Vide Lovel, & Beaumont, and was grandfather of Sir Henry Norris, who had summons to parliament from the 14 to the 39 queen Elizabeth, as Henrico Norris de Rycote CKVr. He married Margery, daughter and coheir of John lord Williams of Thame,t and had issue William, who died before him, leaving t Vide WU- by Elizabeth his wife, daughter of Sir Richard Morrison, a son Francis Norris, successor to his grandfather, and summoned to parliament as lord Norris, from the 43 Elizabeth, to the 12 James I.; after when, in the 18 James I. he was created viscount Thame, and earl of Berkshire. Being a man of an haughty and violent temper, he was caused thereby to terminate his life, in a desperate suicide, at his house at Rycote, in the county of Oxford, in 1620.^ By Bridget his wife, daughter of Edward de Vere, earl of Oxford, he had a sole daughter and heir Elizabeth, who married Edward, a younger son of Sir Edward Wray, of Glentworth, in the county of Lincoln, and by him had issue an only daughter and heir Bridget, who married, first, Edward, second son of Edward Sackville, earl of Dorset, but had not any issue by him. She married secondly, Montague Bertie, earl of Lindsey, to whom she was second wife, and had issue a Vide Banks's Dormant and Extinct Baronage, vol. ii. pp. 396-7-8, for interesting anecdotes of the Norris family. VOL. I V V 354 BARONIA ANGLICA CONCENTRATA. James Bertie, her eldest son, who, in her right, was summoned to parliament as baron Norris of Rycote, the 31 and 32 Charles II., and was afterwards created earl of Abingdon, in which title the barony of Norris now remains vested. NORTH.— (1 Queen Mary.) In the time of king Hen. VIII. Edward North became greatly in favour with that capri- cious monarch, and was so fortunate as to enjoy it to the last moments of the king, who constituted him one of his executors, and appointed him to be of council to his son, and successor Edw. VI. ; after whose death on the accession of queen Mary, he was sum- moned to parliament as a baron of the realm by writ, as Edward North de Kirtling, Chiv', * Journ. Dom. and took his place, and his writ was entered the ']th of April, 1 Maria.* He died the 7 Elizabeth, and was succeeded by Roger North, his eldest son, second baron, who died the 22nd of December the 40 t Dug. Bar. queen Elizabeth,t and was succeeded by his grandson Dudley North, who was son of his eldest son John, who died before him, which Dudley, third lord North, upon the death of his grandfather, had summons from the 3 James I. to the 13 Charles II., and died in 1666, being eighty-five years of age, leaving his son and heir, Dudley, the fourth baron, who was never summoned to parliament. He had issue six sons, whereof Charles was his successor ; and Francis the second son, was attorney- general to king Charles II., and afterwards became lord keeper of the great seal, and was created a peer, by the title of baron of Guilford, in the county of Surrey, the 27th of September, 1683. Charles, the fifth lord North, married Catherine, daughter of William lord Grey, of Werke, and in his father's lifetime was by a special writ of summons, called to parliament the 17th of October, the 31 Charles II., as " Carolo North, Grey de Rollestone," and JJoum. Dom. being introduced, took his seat in the house of lords then accordingly. J He died in 1691, leaving William his son and heir, sixth baron North, and second lord North and Grey, who dying in 1734, s.p., the barony of North and Grey, became extinct ; and the barony of North devolved upon his cousin Francis lord Guilford, (grandson of Francis lord Guilford, before mentioned, the next brother of Charles lord North and Grey, his father). This Francis, seventh lord North, and third lord Guilford, was advanced to the title of earl of Guilford, in 1752, and dying in 1790, was succeeded by his son, Frederick lord North, who for so many years was the unpopular minister of his Proc. BARONIA AN6LICA CONCENTRATA. 355 raajesty George III., during the American war. He enjoyed the earldom but a short time, dying in 1792, and leaving three sons, George Augustus, Francis, and Frederick. Of these George Augustus succeeded his father as third earl of Guilford, and ninth baron North. He died in 1802, without issue male, leaving by Maria Frances Mary, his first wife, daughter of George earl of Buckinghamshire, an only daughter Maria, who married John marquis of Bute ; and by Susan, his second wife, daughter of Thomas Coutts, esq., the banker, two daughters, viz., Susan, (or Susanna) who married Doyle, esq.; and Georgiana, who died unmarried in 1835 : thus the barony of North fell into abey- ance between these coheiresses ; and the barony and earldom of Guilford devolved on Francis, next brother of the said George Augustus, and heir male thereto, under the limitation of their creations, as may be more fully seen in the various printed peerages of the day. NORTHWODE.— (22 Edw. I.) John de Northwode, son of Roger," sheriff of Kent, temp. Edw. I., and who died about the 13th of that reign, had summons to parliament the 22 Edw. I.,*'' and after- * ongd. Lists wards from the 6 to the 12 Edw. II., shortly after which he died. His wife was Joane of Summ. de Badlesmere, by whom he had issue a son John, who died in his lifetime, having mar- ried Agnes de Grandison, and had issue Roger, successor to his grandfather,"^ which Roger de Northwode was summoned to parliament the 34 Edw. III., but no more as he died the following year, leaving by Julian de Say his wife. Sir John de Northwode his son and heir, who had summons from the 37 to the 49 Edw. III., inclusive, and died the 2 Richard II., having had issue by Joane, daughter of Robert Hert, of Faversham in Kent, Roger his son and heir, who never had summons to parliament ; and with whom, for that reason, Dugdale closes all further account of the family ^ The name is said by Hasted, in his history of Kent, to have been assumed from a manor so called in that county, of which, in early times, Jordan de Shepey was possessed, whose son Stephen having made his residence there was from thence cognominated. Jordan is buried in the Minster church, where also Roger de Northwode, his grandson (son of Stephen) lies interred with the figures of himself and Bona, his wife, sister and heir of John d^ Wantham, of Shome, in brass with their arms on the gravestone. •> Though no place for meeting was named in the writ, yet from the Rolls of Parliament, v. i., p. 127, it appears that a parliament was holden at Westminster in the said 22 Edw. I., anno 1294, at which a great plea was enter- tained between William de Vescy and John Fitz Thomas. ' From the Coronation Roll of Edw. II., it appears that John de Northwode and his consort ; and John de Northwode, Jnnr. and his consort were both summoned by the sheriff of Kent to attend that solemnity. — fVide Roll 'n vol. a.) 356 BARONIA ANGLICA CONCENTRATA. * P. 152. Philpot in his History of Kent,* says that Sir John Northwode, who married Agnes Grandison, had a constant line of male succession to Sir Roger Northwode, whose heir female, Albina Northwode, married John Diggs, of Diggs Court, in Barham, sheriff of Kent, 2 Hen. IV. t Hist.of Kent Hasted assertst that John Northwode, esq., who died 4 Hen. V. s.p., had two edit.8vo.l798! sisters who were his coheirs ; one of which married John Barley, of Hertfordshire, and the other Sir John Norton, of Kent. t Vol. ii., p. Sir Harris Nicolas in his Peerage SynopsisJ states that John Northwode who died the 4 Hen. V. s.p., (being then just of age) left Elizabeth, wife of Peter Cat, and Eleanor, the wife of John Adam, his sisters and coheirs : that of the issue of the said Elizabeth nothing is known ; but Eleanor left a son and heir Thomas Adam, whose posterity in the male line have been traced for five descents, when Richard Adam, the representative of the family was living, and who, though twice married had no issue. Roger his bro- ther then had six children, viz : Richard ; John ; and William ; Bridget, wife of Adam Shepherd ; Margery, wife of William Hawe ; and Anne ; and in the representatives of the said Roger Adam, this barony is probably vested. Assuming this statement of Sir Harris Nicolas to be perfectly correct ; then the said representatives have also an interest §VideGrandi- '" ^ moiety of the barony of Grandison.§ Eon. John de Northwode, summoned to parliament=pJoane, daughter of Guncelin, brother to Giles de 22 Edw. I., oh. circ. 12 Edw. II. BacHesmere.— Hasted, vol. vi., p. 460, %vo. Edit. I John, ob. vi. pat.-r-Agnes de Grandison. Roger, heir to his grandfather, ob. circ. 35 Edw. Ill.^JulianJor Juliana, daughter and coheir of Geffery de Say. John, ob. 2 Ric. Il.^Joan, daughter and coheir of Robert Hert, of Feversham. Roger, ob. s. p. William, ob. circ. 7 Hen. IV.=^ James Northwode, continuator of the male line. I 1 1 . , , . John Northwode, obiit Elizabeth, sister and coheir, Eleanor, sister and co-heir, s.p., 4 Hen. V. married Peter Cat.* married John Adam.* • The contradiction between Hasted and Sir Harris Nicolas as to their respectlTe marriages, may be from their having each been twice married. NORWICH.— (8 Edw. II.) Walter de Norwich, one of the barons of the Exchequer, had summons to that par- liament of the 8 Edw. II., when the judges and others of the king's council were inter- „ , . , mixed with the earls and barons in the same writ ; 11 from which it is to be inferred, that II Dug. Lists . of Sum. he was not by that writ created a baron of the realm, especially as thereafter his name ISAKONIA ANGLICA CONCENTRATA. 35? was always included among those of the justices and others of the king's council. He died circ. 3 Edw. III.* and was succeeded by his son, *Orig. 3Edw. Sir John de Norwich, who had summons with the earls and barons to a great council '' at Westminster the 16 Edw. III., and again similarly to a parliament at Westminster the 34 Edw. III., but never to any subsequent parliament. Walter his son having died in his lifetime, left issue a son John de Norwich heir to his grandfather, who, the 36 Edw. III. making proof of his age, had livery of his lands, and afterwards was made a knight ; but he died the 48 Edw. III., s. p., leaving Catherine de Brewse, daughter of Thomas, brother to John his grandfather, his cousin and next heir, who before she died became a nun at Dartford in Kent, and deceased s.p. Walter de Norwich, Lord of Castle Metingbam, ia the coimty^^Catharine, daughter of Suffolk ; ob. circ. 3 Edw. III. — Originatia, Rot. 1 and 4. | of I 1 1 1 ' 1 1 Alice, dau.=John de =pMargaret, d. Tho-^. . . . Ro- Margaret, mar. Catha- Cecilia, of William Norwich, Hunting- ob. 36 field. Edw.IlI. of ... . Mor- mas. timer, of At- tilbergh. Ist.Thos.Kailly; rine, m. married 2ndly, Robert de William Roger Ufford. de la Pole Hunt. r Walter de^Margery, dau. Catharine, married William de Ufford, Earl of Suffolk, Michael de la Norwich, I of de Brewse, cousin and heir of Catharine Brewse. Pole, Earl of ob.vi.pat. I Inq. 19 Ric. II. ob. s.p. — Esch., 3 Richard II., no. 14. Suffolk. John de Norwich married , daughter of Miles Stapleton, of Bedale, ob. s.p., 48 Edw. III. — Esch. n. 52 . ♦ This Roger, circ. 1374 conveyed the Lordship of Kimberley, in the county of Norfolk, to his niece Catharine de Brewse, who, 49 Edw. III. confirmed the grants of her ancestors to Raveningham College. By a fine levied between John de Norwich, querent, and others, deforciants, certain manors in Norfolk were settled, after the death of Catharine, widow of Walter de Norwich, on Sir John and his heirs male : remainder to Thomas, his brother, and his heirs male ; re- mainder to Roger, brother of Thomas, and his heirs male. — C History of Norfolk, vol. vii., p. 88. Ihid. vol. ii., p. Ih.J OGLE.— (1 Edw. IV,) Robert de Ogle, of a family of great antiquity in the county of Northumberland, married Helene, daughter and heir of Sir Robert Bertram,! baron of Bothal, in the county x ya i ■ of Northumberland, (by Constance his wife, one of the daughters and coheirs of William de Felton), and had issue a son Robert, from whom descended Robert de Ogle, who, the 1 Edw. IV., had summons to parUament by writf ad- + Dug. Lists dressed Roberto Ogle Domino Ogle, and from thence to the 9th of the same reign, about which time he deceased, leaving Owen his son and heir, who had summons from the 22 Edw. IV. to the 1 Hen. VII., and was succeeded by his son and heir. of Sum. 358 BARONIA ANGLICA CONCENTRATA. Ralph, summoned the 1 and 3 Hen. VIIL, who died the year following, as appears by the inquisition taken after his decease at Morpeth, 16 March, 4 Hen. VIII. His son and heir, Robert, fourth lord Ogle, had summons from the 8 to tiie 21 Hen. VIH., and was slain in a battle with the Scots the 31 Hen. VIII., leaving Robert, fifth lord Ogle, his son and heir, who does not appear to have been ever summoned, and was also slain in an engagement with the Scots circ. 36 Hen. VIII. He ^was twice married. By his first wife he had Robert, his successor, and by his second, Cuthbert, hereafter mentioned. Robert, sixth lord Ogle, was summoned from the 2 to the 5 and 6 queen Mary ; but dying s.p., he was succeeded by his half brother, Cuthbert, seventh and last lord Ogle in the male line, whose name is mentioned in Dugdale's Lists of Summons, from the 5^to the 43 queen Elizabeth, being four years longer than he lived ; yet Dugdale in his Baronage affirms that he died the 39 queen Elizabeth, and Collins confirms the same, and that he was buried at Bothal, 16 March, the same year. Not having any male issue his two daughters became his coheirs ; of which, Joane married Edward, a younger son of George Talbot, earl of Shrewsbtiry, and died s.p. ; and Catherine married Sir Charles Cavendish. CAVENDISH, BARONESS OGLE. Catherine Ogle having by the death of her sister Joane, wife of Edward Talbot, s.p., become sole heiress of her father, Cuthbert, the last lord Ogle, was, by letters patent, dated 4 December, 1628, declared baroness Ogle, with a ratification of the said barony to her and her heirs for ever. She died the following year, leaving by Sir Charles Caven- dish her husband (who predeceased her in 161/), two sons, William and Charles; whereof the eldest, William Cavendish, was in the lifetime of his mother created baron Ogle of Bo- * Pat. 18 Jac th^lj ^■nd viscount Mansfield,* by which title he had summons to parliamentf the 19 + D L" t J^nies I. (1621) ; after which, the 3 Charles I., he was created baron Cavendish of Bol- of Sum. sover, and earl of Newcastle-upon-Tyne. J In 1629, upon the death of his mother, * Catherine baroness Ogle, he succeeded to that barony, created as before mentioned, by writ of summons the 1 Edw. IV. In 1643 he was advanced to the dignity of marquess of Newcastle, by which title he was the distinguished commander of the royal army during a part of the civil war. After the restoration he was by king Charles II. created earl of Ogle and duke of Newcastle : his services and his losses during the time of the BARONIA AN'GLICA UONCENTRATA. 359 rebellion (so called by historians) well entitling him to such honours and reward.^ He died in 1676 at the advanced age of eighty-four, and was interred in Westminster Abbey, where a costly monument remains erected to his memory. Henrj' Cavendish, duke of Newcastle, his only surviving son, had issue several sons, of which three died young, and Henry, the only surviving one, married Elizabeth, daugh- ter and heir of Joceline, the last Percy, earl of Northumberland, but died s.p. vita patris, so that upon the death of the duke in 1691, without surviving male issue, all his titles limited to issue male became extinct, excepting the barony of Ogle created by the writ of the 1 Edw. IV., which fell into abeyance between his five daughters and coheiresses, and still continues so among their heirs representative. Sir Charles Cavendish, a younger brother to-pCatherine, daughter and eventually sole heir William, 1st Earl of Devon, ob. 1617. | of Cuthbert Baron Ogle, oh. 1629. I of I 1 . Elizabeth, daughter and heir of -p William lord Ogle, 1st Duke — Margaret, sister of William Basset of Blore, Esq. I of Newcastle, ob. 1676. Lord Lucas. T-r Three sons, ob. vi. pat. s. p. Henry, 2nd Duke, ob. 1691.-pFrances, daughter of William Pierpont, Esq. n--i 1 Three 4. Henry, mar. Eliz- abeth Per- cy, ob. vi. pat. 1680, s. p. sons, ob.vi. patris s.p. Elizabeth, dau. and cob., m. 1st Chris- topher, Duke of Al- bemarle, s. p. ; se- cond, Ralph, Duke of Montagu, s. p. Frances, dau. & cob., mar. ret, dau John, son of and co- the Earl of Breadalbine, s. p. Marga-^John HoUes, 4th Earl of Clare, crea- ted Duke of Newcastle, ob. 1711. heir. Cath-=f :TllOS., Ara- =f=Charles erme. Earl of beUa, Spencer dau. Tha- dau. Earl of & co- net. & co- Sunder- heir. heir. land. Henrietta, only^Edward Lord Harley, dau. and heir, I afterwards second Earl ob. 1755. of Oxford. Issue, represented by the present Baroness de Clifford, and the other coheirs of that barony.— (Vide Clifford.) Frances, only=pHenry, daughter and I Earl of heir. Carlisle. Henry Ca- Margaret Cavendish Har- Charles, Henry, vendish ley.mar. William, Duke of ob. 1741, s.p. Harley, Portland, a quo the pre- s.p. ob. Infans. sent Duke. 1 Robert, ob. 1743. Arabella mar. Jona- than Cope, Esq., of Brewerne Abbey, in the county of Oxford. Diana, mar. Thomas Duncombe, Esq., of Helmesley, in the county of York. ORMOND DE ROCHFORD.— (11 Hen. VII.) Thomas Butler, seventh earl of Ormond, in Ireland, had summons to parliament as a baron, in the peerage of England, from the 11 Hen. VII. to the 6 Hen. VIII., by writ addressed " Thom This manor was acquired by the marriage of his grandfather Robert de Scales with Alice, daughter of Sir Ralph de Rossa, sister and heir to her brothers WilUam and Peter de Rossa, or Roucester. Dugdale only mentions her christian name. b Thus terminated the male line of the ancient and noble family of Scales. Their castle at Middleton, near Lynn, in Norfolk, was a magnificent building ; and though now in ruins, yet they bespeak the dignity and power of the founder, and the difference between ancient and modern nobility. — fVide Bankt'i Dorm, and Bt. Baronage< vol. ii., Scales.) BARONIA ANGLICA CONCENTRATA. 39H WIDVILLE LORD SCALES.— (2 Edw. IV.) Anthony Widville, son and heir apparent of Richard earl Rivers, had summons to parhament the 2 and 6 Edw. IV., vita patris, as •' Antonio Wydevile Domino Scales." He succeeded his father as second earl Rivers, but was beheaded in 1483, being one of the most accomplished noblemen of his day.* His sister Elizabeth was the wife of king * Vide Wal- Edw. IV. Dying s.p.l.,^ the barony of Scales devolved in abeyance between the issue J^*J,[|, ^°^ ' before mentioned of Margaret and Elizabeth, the two sisters, and eventually coheirs, of Banks's Dorm. » ' ' -^ ' and Ext. Bar. Roger, fourth lord Scales. voi.iii. Rivers. Robert, third Lord Scales.^Catherine, dau. of Robert, and sister of William de UfTord, Earl of Suffolk. r -■ n Margaret, sister and coheir. -pSir Robert Howard. Elizabeth, sister and coheir. -pSir Roger de Felbrigge. r ^ r ^ Sir John^Margaret Sir Simon de-j-Margaret, said to be a daughter Howard. | de Plaiz. Felbrigge. I of the Duke of Silesia. John Howard, -pJoane, sister and heir Alaua de Felbrigge, *-pSir William Tyndal, of Dean, ob. vi. pat. I of John Walton. dau. and heir. [ county of Northampton. I 1 Elizabeth, sole daughter and heir, married John de Vere, Earl of Oxford, Thomas -j- for whose coheirs vide title Latimer. Tyndal. | i ' .Sir William Tyndal, K.B., temp. Hen. VII. • In 1431 ihe was wife of Sir Thomas Wanton, and is so named in her father's Avill, dated September, 1433. SCROPE OF BOLTON.— (8 Edw. II.) Henry le Scrope,'' or Scroope, was appointed a justice of the common pleas, in the 3 Edw. II., and in the 10 was made chief-justice of the king^s bench, in the room of Wil- liam Inge.t In the 8 Edw. IL he had summons to parliament among the earls and barons ; t Chron. but in that writ the king's justices, and others of the king's council were intermixed with the barons ;J after when, to the 19 Edw. II., he was only summoned along with others J Dugd. Lists the king's justices. He died circ. 10 Edw. III., and was buried at St. Agatha's, near Richmond, in the county of York, where divers of the family were interred. § He was § Leiand vol. seised of East Boulton, Little Boulton, and other Lands in the county of York. ""' ^' William le Scrope, his son and heir, was never summoned, and died s.p., leaving Richard le Scrope, his brother and heir, who was summoned to parliament from the 44 Edw. III. to the 3 Hen. IV., and died the year after, leaving Roger le Scrope, his son and heir, who had summons only in the 5 of Hen. IV., ^ By a beloved mistress named Gwentlian, daughter of Sir WiUiam .Stradling, he had a daughter Margaret who married Sir Robert Poyntz of .^cton Iron, county of Gloucester.— Blomfield's Norfolk, vol. ;>., p. 26, 8vo. edition. b Dugdale's account of the early part of this family is very unconnected; but in Leiand (vol. viii., p. 13), there appears more consistency of information. — (Vide Banks's Dorm, and Ex. Baron., vol. ii.) 392 BARONIA. ANGLICA CONCENTRATA. * Vide Tibe- tot. t Esch. 9 Hen. v., m. 27. J Dug. Lists of Sum. § Baron. , vol. ., p. 657. II Dug. Lists of Sum. H Dug. Bar., vol. i., p. 657. ** synopsis vol. i. p. 22, Addend, tt No. 1160. and died the next year, leaving by Margaret, his wife, one of the daughters and coheirs of Robert de Tibetot,* Richard le Scrope, his son and heir, who never was summoned, and died at an early age, circ. 8 Hen. V.,t leaving Henry le Scrope, his son and heir aged three years, who after attaining his majority had summons to parliament from the 20 to the 33 Hen. VI. as "Henrico le Scrope (de Bolton), ChTr." being the first time of being so distinguished. He died the 37 Hen. VI., leaving by Elizabeth, his wife, daughter of John lord Scrope, of Masham, John le Scrope, his son and heir, whose name is contained in the writs of summons from the 38 of Hen. VI. to the 12 Hen. VII., 1497,J though Dugdale asserts he died the 1 2 July, 1494." By Joane, his first wife, daughter of William lord Fitz Hugh, he had issue Henry le Scrope, his son and heir, who was never summoned to parliament. Ac- cording to Dugdale,§ he is said to have been twice married, first, to Elizabeth, daughter of Henry Percy, earl of Northumberland, by whom he had Henry, his son and heir; and secondly, Alice sole daughter and heir of Thomas lord Scrope, of Upsal,'' by whom he had a daughter Elizabeth, married to Sir Gilbert Talbot. He died circ. 22 Hen. VII., and was succeeded by Henry le Scrope, his son and heir, who had summons from the 6 to the 21 Hen. VIII., but it is to be observed, that in the writs of the 6 and 7 Hen. VIII. || he is erro- neously named Richard, an error probably in transcribing the list from the rolls of those years, which in the subsequent writs was corrected. By Mabel, daughter of Thomas lord Dacres, he had issue John le Scrope, his son and heir, who had summons from the 25 Hen. VTII. to the 6 Edw. VI., and died circ. the following year, 1554, leaving by Catherine, daughter of Henry, earl of Cumberland, Henry le Scrope his son and heir, who had summons from the 2 Philip and Mary to the 31 queen Elizabeth, and died circ. the 34 of the same reign. He was twice married, first to Margaret, daughter of Henry Howard, earl of Surrey,^ by whom he had Thomas and Henry, s.p. ; and seeondly, to Alianor, daughter of Edward lord North, and by her had a daughter Mary, who wedded William Bowes of Stretham, in the county of Dur- ham ; but Sir Harris Nicolas calls her the first wife,** as does an Harleian MS. ft » Dugdale only notices this Joane, and Anne as a second wife, but she was his third wife, and his widow, s.p. His second was, as stated by Hunter in his Deanery of Doncaster (vol. i., p. 92), Elizabeth, daughter of Sir Oliver St. John, relict of John lord Zouche. He died 12 July, 1494, and as desired by his will, dated in that year, was buried in the Black Frieis church at Thetford. b Leland (vol. viii., p. 65), mentions Henry Scrope, the fourth, and his wife, daughter to the lord Scrope of XJpsal, and his second wife, daughter to the lord Dacre and Greystoke. This Henry had no issue by his first wife, but he had the lord Scrope, that is now, by his second wife. This statement makes her the wife of his son, and not of him. BARONIA ANGLICA CONCENTRATA. 393 Thomas, his eldest son, the next baron, had summons to parliament from the 35 Elizabeth to the 8 James I., inclusive, and died about two years after, 1612, leaving issue Emanuel Scrope his son and heir, who having had sunmions from the 12 James I. to the 1 Charles I., (1625) was in 1627 created earl of Sunderland. He married Elizabeth, daughter of John Manners, earl of Rutland, but had no issue by her, and dying circ. 16.31, s.p.L, the earldom became extinct; but the barony of Scrope of Bolton devolved, as it is considered, upon the heir representative of Mary the wife of William Bowes, be- fore mentioned. The earl had three natural daughters, of which, Mary married, first, Henry, second son of Henry Carey, earl of Monmouth ; and secondly, Charles, marquess of Winches- ter, who thereby acquired the estate of Bolton, and was afterwards created duke of Bol- ton,^ Annabella married John Grubbam Howe, esq., ancestor of the late earl Howe ; and Elizabeth married Thomas Savage, earl Rivers. These ladies were afterwards legi- timated, and had the rank of earl's daughters given to them : the power of prerogative superseding the law of the church, and rendering bastardy more an honour than a disgrace. Henry Lord Scrope, of Bolton,=pMary, dau. of Edward Lord North, called by Sir Harris Nicolas, ob. 1592. I first wife, ob. IbbS.— (Vide Harl. MS., no. UGO.) , -I Mary Scrope, only daughter.^pSir William Bowes, of Stretham, county of Durham. , I Mary Bowes, only daughter, by Mary Scrope. -pSir William Eure, second son of William Lord Eure. Thomas, slain at New- bury, 1643, unmarried. Henry, William Eure, of Elvet,=pMary, dau, of Peter Forcer, of Harbour House, ob. inf. set. 58. (Visit. 1666.) I co. Diurham, ob. 1669, bur. at St. Oswald's. Peter Eure, only son, ob. unmar. 18 Dec, 1669 ; bur. at St. Oswald's, Durham. Mary Eure,=^Michael Johnson, of TwyreU Hall, county Durham, sister & heir. | ob. 12 April, 1714; buried at St. Oswald's. JolmBrock-=pMary, eldest^^Richard Jones, Elizabeth,=^Willm. holes, of Claughton, county of Lancaster, ob. 1719. I Catherine- Brock- holes, ob. Novem. 1784. I Charles, 13th Duke of Norfolk, died in 1815, s.p. d.bornl689 ob.Junel730 buried at St. Mary's Lan- caster. of Caton, of Lancaster, ob. 1732, bur. at St. Mary's Lancaster. ^Charles Howard, 12th Duke of Norfolk, ob. 1786. I 1. Charles Jones, Capt, in the 1st Dragoon Guards, died at Lancaster, Feb. 1840. Michael Jones,- ofCaton,ob.24 July,l801,bur. at St. Mary's, Lancaster. 2nd. dau. bom 1691 ob. 1763, buried at Preston. Bryer, ofLan- caster, ob. 27 Feb. 1747 1. John=pJane, 3rd.=2. William Owen, ofChes- ter-le- Street, Durh. dau. ob. . . March, 1774, bu- ried at Preston. Brockholes, of Claugh- ton, brother to John, s.p. ■Mary, dau. of Matthew Smith, Esq., widow of Edw. Cosney, Esq., ob. 1814. 2. Mi- chael, a Barris- ter, liv- ing in 1825, a widow- er, s.p. 3. Ed- ward. Captain in the 29th Foot, unmar. 1825. 4. James, a wi- dower. Major in the Army, mar. Louisa Dacre, daughter of Peter Moore, Esq., M.P., liv- ing in 1825, s.p. Mary, died unmarried, Anne married Richard Butler, Esq. of Pleasing- ton-hall, county of Lan- caster, ob. 1763, s.p. -r 1. Mary Jones, eld. dau. mar. at St. Omer'sApril,1818 Le Compte Pierre de Sandelin, Sig- neur D'Halines,in France, living s.p. in the year 1825. John Owen, died a lu- natic, unmar., August 1794, bur. at BiUing- ton, near Blackbume, county of Lancaster. 1 1 2. Con- 3. Kathe- stantia, rine, third second daughter, daugh- ob. un- ter, liv- mar. 1799, ing un ■ bur. at St. married Mary's in 1825. Lancaster. a It is not a little curious that as the estate of Bolton, with the assumption of title, came into the Paulet family by a bastard, so they similarly went out of it by another, to the family of Orde. VOL. 1. Aaa 394 BARONIA ANGLICA CONCENTBATA. SCROPE OF MASHAM.— (16 Edw. III.) * Vol. viii., Geffery le Scrope, the founder of this family, was, according to Leland,* brother to p. 54. Henry lord Scrope of Bolton ; but Dugdale does not so mention, only stating he was of the same family. That he was contemporary appears from both of them being in- serted in the same writs by which they were frequently summoned ex officio among the king's justices. The 17 Edw. II. he was chief-justice of the King's Bench, though after- t Chron. Jur. wards removed; but was again appointed the 3 Edw. III.,t in which year he had sum- J Dugd. Lists mons among the earls and barons to a great council to be holden at Windsor; J but thereafter was only summoned along with the king's justices. In the 2 Edw. III. he had a charter for free warren in all his demesne lands at Masham, and elsewhere in the § Cart., n. 17. county of York ;§ and according to Dugdale was advanced to the dignity of a hanneret, with two hundred marks per annum for the support of that honour." He died the 1.3 Edw. III., leaving by Rametta or Ivetta his wife, daughter of William de Ross of Igman- thorpe, Henry le Scrope his son and heir, and a younger son John, who married Elizabeth, II VideAthol. daughter and coheir of David de Strabolgi, earl of Athol.|| This Henry had summons to parliament from the 16 Edw. III. to the 15 Richard II., in which year he deceased, leaving Stephen his son and heir, aged forty ; which Stephen le Scrope had summons to parliament the 16 Richard II., as "Stephen le Scrope, de Mashamj" and from thence by the same designation to the 7 Hen. IV. in- II Dugd. Lists clusive,!^ in which year he| died, leaving by Margery his wife, daughter of John lord Welles, and widow of John de Huntingfield, several sons ; whereof Henry, the eldest, was his successor, and had summons from the 8 Hen. IV. to the 2 Hen. V., as lord Scrope de Masham ; but being implicated in the conspiracy of the earl of Cambridge and others, to take away the life of that king, and being found guiltj', SmoUet, &c. he was beheaded,** and his barony forfeited -^ dying s.p., his brother a In the Camois case lately before the House of Lords, this dignity of a Banneret was much canvassed as to its import ; whether an hereditary honour or merely personal ; and whether implying a baronial creation, as con- tended ex parte the claimants. l> In Prynne's abridgement of the Tower Records (p. 569) it is said by the duke of Exeter that the king (Hen. v.) did much repent taking away the lands of the lord Scrope, on the attainder of the last lord, as they were entailed to his brothers Geffery, Stephen, and John le Scrope ; and that the lord Fitz-Hugh and William Porter, to whom they were given, were contented to restore them on proof of the entail. His first wife was PhUippa, daughter of Sir Guy de Bryan, knight, who died s.p., and was buried in Scrope chapel, York Minster. His second was Joan, sister and coheir to Edmund Holland, earl of Kent, relict of Edward, duke of York, and of William lord Willoughby also, s.p. BARONIA ANGLICA CONCENTRATA. 395 Stephen le Scrope became his next heir. He was arch-deacon of Richmond, and dying about the 2 Hen. VI., his brother and heir John, had livery of his lands ;* which * Vide John le Scrope wrote himself of Masham and Upsall, where he had two eminent vol. v., p.'43. seats, and had summons to parliament from the 4 to the 33 Hen. VI. inclusive, as " Johanni le Scrope, de Masham" and died the year following, leaving Thomas his sur- vi^nng son, his successor ; Henry, the eldest, having died young,t and John, the second t Inscrip. son, having predeceased him, s.p.; which York Minster. Thomas le Scrope had summons from the 38 Hen. VI. to the 12 Edw. IV. by the same designation as his father, and died about the fifteenth of the same reign, having had issue by Elizabeth his wife, daughter of Ralph lord Greystoke, four sons, Thomas, Henry, Ralph, and Geffery, and three daughters, hereafter mentioned. Thomas le Scrope, the eldest son, had summons from the 22 Edw. IV. to the 7 Hen. VII., as lord Scrope de Masham, and died shortly after, about the 9 Hen. VII. — He married Elizabeth, one of the daughters and coheirs of John Neville, marquess of Montague,! ^n Vide Pat. Hot. 29 Hen. VI. m. 8.—" WjU'us Beauchamp Miles D'nus de St. Amando." b Dugdale in the Index to his Writs of Summons, recites the name of William de Beauchamp, de St. Amand, in the 38 Hen. VI., and the 1, 2, 6, 9, and 12 Edw. IV. But the name of William de Beauchamp is not contained in any one writ of those years. >^ VOL. I. B b b 402 BARONIA ANGLICA CONCENTBATA. William de Port assumed the surname of St. John, writing himself, "Willielmus de Sancto Johanne filius et hares Ada de Port, and the 15 king John gave five hundred marks to the king for livery of the lands of Adam de Port his father. Robert, his son and heir, died circ. 51 Hen. III., leaving by Agnes his wife, daugh- ter of William de Cantilupe, John de St. John his son and heir, who was an eminent soldier in his day, and dis- tinguished in the wars of France and Scotland ; he was an embassador to France, and died circ. 30 Edw. I., leaving by Alice, daughter of Reginald Fitz Piers, John his son and heir ; and according to Collins, William his second son, ancestor to the viscounts Bolingbroke, and barons St. John, of Bletshoe. John de St. John, the eldest son, in the lifetime of his father, had summons the 26 Edw. I. to Carlisle, eguis et armis, in which writ he is styled a baron, and as " Johan' de Seint John le ficis ;" the earls and barons in that writ being all distinguished by their * Dug. Lists respective ranks.* In the 28 Edw. I. he had summons to parliament as " Jo' de Sancto t Ibid^ Johanne, juniori,"^ his father being then still living. In the 29 Edw. I. he was one of those who in the parliament at Lincoln subscribed and affixed their seals to the famous let- I Ibid. tcr to the pope, by the designation of "Johannes de S. Johanne Dominus de Hanak,''^ Jbut after this time, from the 32 Edw. I., his father being dead, he was only summoned by the name of "Johannes de Sancto Johanne," but from the 15 to the 19 Edw. II. with the addition of De Basing. Dugdale states that he died the 12 Edw. II., which appears an error from the writs of summons addressed to him, for so many as eight years after that § Ibid. date, viz., to the 20 Edw. II. inclusive,§ he most probably deceased circ. 3 Edw. III., leaving by Isabel, his wife, daughter of Hugh de Courtney, Hugh de St. John, his son and heir, aged 26, who never had summons, and died circ. 11 Edw. III., leaving Mirabel, his wife, surviving; and Edmund, his son and heir; as also two daughters, viz., Margaret and Isabel; which Edmund de St. John was then only four years of age, and died in his minority, and II Orig. 21 in ward to the king, the 21 Edw. III., s.p.,|] leaving his two sisters, before mentioned. Rot. 21. ' his coheirs, whereof ^ Vide St. Margaret St. John married John St. Philibert,1[ and had a son John, who died s.p.; Philibert. . x i -rk ■ and Isabel married, first, to Henry de Burghersh, s.p.; and secondly, Lucas de Poynmgs, ** Vide Poyn- who eventually became sole heir to the barony,** in right of Isabel his wife, and having *t Dug- Bar. issue by her, and doing his homage, had livery of all the lands so descended.*t a His name does not appear in the writ of summons, tested the 26th of September, to the parliament at Lin- coin, though it is mentioned in the previous one, tested 29 December, 28 Edw. I., to the parliament at London, which leaves it to be considered whether it was not his father who subscribed the letter as Vominus de Halnac, and was then alive. BARONIA ANGLICA CONCENTRATA. 403 Mr. Berry in his Sussex Genealogies,* has given a third sister AHce, married to * p- 61. John Kingstone, by whom she had a son Thomas Kingstone. There was a Roger de St. John, who with his consort, had summons to the coro- nation of Edw. II. ;t but his name is unnoticed by Dugdale, nor is it recited in any t Vide Copy pedigrees of the family. He probably was the eldest son of the baron, and had sum- in vol. u. mons in that character, and might die vita patris, s.p., as the baron lived to the 20 Edw. II. This may account for his name being passed over by Dugdale. ROGER DE St. JOHN.— (49 Hen. III.) Besides the family of St. John of Basing, Dugdale states| there was another of that * Baron., v. i., name seated in the county of Oxford, but he does not intimate how far the one was con- ^' nected or related with the other ; and his account is altogether much confused ; but Mr. Collins in his peerage of the viscount Bolingbroke, asserts that Roger de St. John, who married Cecily de Haya, (as noticed under St. John of Basing) was brother to Thomas de St. John, lord of Stanton St. John, in the county of Oxford. From which Thomas descended Roger de St. John, who was one of the barons in arms with Simon de Montfort and the other confederate lords, and was summoned to that parliament called by them in the king's name the 49 Hen, III.§ He was afterwards slain in the battle of Evesham. § Dugd. Lsts He married one of the sisters of Richard de Lucie of Egremont, and had issue a son John, ™"' with whom Dugdale closes his account of this family, by reason he says,|| "T do not find \\ Baron, v. i., any of this line summoned to parliament ;" yet in the second volume of his Baronage^ he de- £' j^.^ , ■■ duces the family of St. John of Lageham, from the very same line as hereafter mentioned. P- 9- St. JOHN OF LAGEHAM.— (25 Edw. I.) Roger de St. John, (before mentioned), obtained from Richard de Lucie, with the marriage of Lucy his sister, a moiety of the lordship of Wolenestede, in the county of Surrey;** and the 46 Hen. III. had a licence to fortify his house of Lageham in that ** Ibidvol.i., county, near Wolenestede.*t «+ Voiu 9 John de St. John, his son and successor, in the 24 Edw. I. had summons to New- castle-upon-Tyne equis et armis, and to a great council to be there holden,*t as "Johanni *t Dugd. Lists de Sancto Johanne de Lageham," and the next year, 25 Edw. I., he had summons to a parliament at Sarum, by the same description ;*t also similarly the 28 Edw. I. to a parlia- *^ ibid. 404 BARONIA ANGLICA CONCENTRATA. ment at London, and to the parliament at Lincoln; but his name does not appear among those who in that parliament subscribed the letter to the pope. By the same denomi- nation he continued to be summoned to the 35 Edw. L, inclusive. In the 1 Edw. II. he is named Johanni de Sancto Johanne, without the distinction of Lageham ; but after then his name is not included in any writ of summons till the 6 Edw. II., when it again is mentioned with the addition of de Lageham,'' and so continued till his death, circ. 10 Edw. II., being then seised of Lageham and of the manor of Stanton, (otherwise called Stanton St. John), in the county of Oxford. His son and heir, John de St. John, had summons from the 11 to the 16 Edw. II. with the addition * Dugd. Lists of de Lageham,* and died in that year, leaving of Summ. j^^^ jg g^^ John his son and heir, who was summoned the 1, 2, 4, and 5 Edw. t Ibid. III-> but without the distinction of de Lageham.t He married Catherine, daughter of GefFery de Say, and died circ. 23 Edw. III., being then seised of Lageham, in the county of Surrey, and of Staunton St. John, in the county of Oxford, leaving Roger de St. John his son and heir, who was never summoned, and died the 27 Edw. III., s.p., having released to Sir Nicholas de Lovaine, knight, and Margaret his I Dugd. Bar., wife,t all his right in the manor of Lageham. Peter de St. John, being (according to T- 11.. p. • Dugdale) his kinsman and heir, aged forty ; which Peter, by the following pedigree appears to have been his uncle. Roger de St. John, had Lageham, by gift of Richard de Lucie, slain at Evesham.=y:Lucy, sister to Richard de Lucie. John de St. John, ob. 10 Edw. II. — (Esch. n. 73-4, John, son and heir, atat. 30.^=p ^.^___^_ _^^_ I John de St. John, ob. 23 April, 16 Edw. II.=pMargery , survived and remarried John de — (Esch. n. 12, John, son and heir, 20 Feb., 1813. Herbert de St. Quintin, temp. Richard I.^Agnes, daughter of Stuteville. , , , I 1 1. John, s.p. 2. Anselm, s.p. 3. William, bro. & heir.=f= Margaret or Mary, mar. Sir Wm. Rochford. r 1 ' 1 1. Her-^Mary, daughter of 2. William, to whom his father gave 3. Herbert, to whom his father gave Walter Fauconberg, the manor of Fifehide, in the county the manor of Normanby, &c., in the of Skelton. of Gloucester. county of York. bert. — I Herbert, ob. vi. pat.-i-Anastasia, daughter of John Lord Maltravers. Herbert, son and heir; had a dispensation for marriage,^Lora, daughter of Roger on account of his propinquity to his wife. I Fauconberg, of Skelton. I — Herbert, son and heir.-pMargery, sister to Gerard de Lisle. !__, 1 1. Elizabeth, dau. and coheir, 1. Robert, bro. to-pLora, daughter-p2. John St. Quintin, of Harpill, or mar. John Marmion, s.p. John Marmion. J and coheir. | Harpham. I I ' Elizabeth Marmion, mar. Henry Lord Fitz-Hugh. Herbert, s. & h. mar, Elizabeth, dau. of Robert Hilton, s.p. ST. WALERIE.— (22 Edw. I.) Richard De St. Walerie, by the description of " Ric' de S. IValereio," had summons to parliament the 22 Edw. I., but never after. His name is not mentioned by Dugdale in his baronagian account of that family, and only has notice in his Lists of Summons to Parliament ; in which respect, who he was, or how descended from, or connected (if at all) with that eminent family, of which Ranulph de St. Walerie t held divers lordships ^ ougd. Bar. in the county of Lincoln at the time of the general survey, must remain in nubibus ; but '"'• '•' P-^^*- as no inheritable barony can be considered to have been acquired under that solitary writ of summons, it is not material to endeavour to trace his origin, or descendants. Sir Harris Nicolas, in his Peerage Synopsis, % says, he probably was a nephew of + Vol. ii.. p. Thomas de St. Walerie, who was son of Bernard, son and heir of Reginald de St. Wale- ' ' rie, lord of Haseldine, in the county of Gloucester, living temp, king Stephen, circ. an. 1164. §" But this supposition time will not warrant, unless it be admitted he was at a § Vide very advanced age when summoned to parliament. vol^i p^^si a In a MS. note in an edition of Dugdale (pen. auctore) it is written (in an old hand) that Ranulph de St. Wal- erie married Maud, daughter of Richard, the third duke of Normandy, and was father to Reginald: but it is to be ob- served that Dugdale states Reginald to be a son of Guy de St. Walerie, and not to have possessed any of the lands of Kanulph, in the county of Lincoln. 408 BARONI\ ANGLICA CONCENTRATA. STAFFORD.— (27 Edw. I.) Robert de Stafford, at the time of the general survey, held very numerous manors ; whereof, eighty-one were in Staffordshire ; twenty-six in Warwickshire ; twenty in Lin- * Dugd. Bar., colnshire ; two in Suffolk ; and one in Worcestershire,* a good specimen of the power of the ancient barons. Robert his great-grandson dying s.p., Milicent his sister became his heir, who married Hervey Bagot ; and their son Hervey relinquishing his paternal surname, assumed that of his mother, and wrote himself Hervey de Stafford. From which Hervey de Stafford, descended Edmund de Stafford his great-great-grandson, who, the 26 Edw. I. had summons to Carlisle equis et armis, being designated in the writ a baron, by the description of "Emon' t Dugd. Lists de Estafford."i In the 27 Edw. I. he had summons to parliament as " Edmondo Baroni umm. Stafford;" and from thence to the 1 Edw. II., by the same denomination, as also to the J Coron. Rot. coronation of that king.f In the 29 Edw. I. he was one of the barons who subscribed the letter to the pojie in the parliament at Lincoln, being then written " Edmundus Bare Stafford." He died the 2 Edw. II., leaving by Maud his wife, daughter of Ralph lord § Vide Basset Basset, of Diayton,§ Ralph his son and heir, and Richard, who marrying Maud daughter H VideStS'ord ^"^^ ''si"" ^^ Richard de Camville, of Clifton, was called Sir Richard Stafford, of Clifton. || of Clifton. Ralph de Stafford, son and heir of Edmund, had summons to parliament from the 10 to the 22 Edw. III., as "Radulpho de Stafford;" but by another writ in the same year to a parliament presumes they were. The mystification foUowed by the author in the second volume of his Dormant and Extinct Baronage, arising from Dugdale not having given any account of the family of Sutton, of Holdemess, though the writ of the 16 Edw. III., shows they were two families. The surmise of Sir Harris appears so far well founded, that it was John de Sutton, the husband of Margaret de Someri, who was summoned the 17 and 18 Edw. II. In as much as Dugdale says that the 19 Edw. II., he passed away the castle and manor of Dudley to Hugh, son of Hugh Despencer, so that being then dispossessed of the barony, he was not summoned after. But the 1 Edw. III. he had restitution of it, and his successors had summons accordingly. '' From this John never being summoned to parliament after his alienation of Dudley Castle, it may be inferred that the barony was considered as one by prescription, the right whereto had descended in succession to each posses- sor from the time of Gervase Paganel : for if it was a barony first created by writ of summons, he was entitled to be called to parliament, whether or not he possessed Dudley Castle, or any property whatsoever. It would be invidious to name certain noblemen who at present sit, without having an acre of the baronial land which once was holden by their ancestors. Their rank obtains for them many useless places, and appointments, as it obtains for them an inter- esting influence with the ministers of the day, to have pensions conferred on them, which an overburthened people have to pay. VOL. I. Eee 426 BARONIA ANGLICA CONCENTRATA. Edward de Sutton, his son and heir, was restored to the castle of Dudley by letters patent, dated 4 November and 31 December, the 3 and 4 Philip and Mary, the same having come to the crown by the attainder of the duke of Northumberland, and he had * Dugd. Lists summons to parliament from the 1 and 2 Philip and Mary* to the 28 queen Elizabeth, when he died, leaving Edward de Sutton, his only son, to succeed him, who had summons from the 35 queen Elizabeth to the 15 Charles I., and died circ. 1643. His only son Ferdinando having died in his lifetime, left issue a sole daughter and heiress Frances, who on the death of her grandfather became entitled to the barony. It is stated that the lord Dud- ley being much embarrassed in his fortune, made application to a Mr. William Ward, a rich citizen of London, who by a peculiar fortuitous circumstance in trade had become extremely wealthy,^ to advance him a sum of money, which the crafty and aspiring citi- zen consented to do, on condition of the marriage of the lord's granddaughter, and bar- onial heiress, the aforesaid Frances Sutton, with his (Mr. Ward's) eldest son, Mr. Humble Ward. Thus the barony of Dudley came into the Ward family, as under the title Dud- t Vide Dudley ley has already been shown. t SWILLINGTON.— (20 Edw. II.) Adam de Swillington, so named from the lordship of Swillington, in the West Riding of the county of York, had summons to parliament from the 20 Edw. II. to the 2 t Dugd. Lists Edw. III., J but never after, nor any of his descendants, of whom no account is to of Summ. be found in Dugdale's Baronage, nor in Sir Harris Nicolas's Synopsis. § P- 36. Mr. Blore, in his History of South Winfield,§ gives a short pedigree of the family, by which it appears that Adam de Swillington had a son Robert, whose son Thomas de Swillington left a daughter and heiress Elizabeth, who married Robert Sampson, of the county of Suffolk, and was aged twenty-one and upwards the 8 Hen. VL, in whose heirs representatives the barony of Swillington, if any can be deemed created by the writs of summons to Adam her great-grandfather, may be presumed to be vested. SWYNERTON.— (11 Edw. III.) Roger de Swynerton, whose name is supposed to have been assumed from the lord- shij) of Swynerton, in the county of Stafford, was summoned to parliament the 11 Edw. "f c"^**' ^'*'* III->II by writ dated 18 August, but previous thereto he had been summoned to a council ' Vide this circumstance In Banks's " Grandeur ofTradeand Commerce" ot "History of Mercantile Nobility ." BARONIA ANGLICA CONCENTRATA. 427 at Stamford, by writ dated 23 April, and had also a summons to a subsequent one, to be liuklen at Westminster, by writ dated 21 June; but excepting in these three writs of summons, there is not any further mention made of his name in a baronial character. An old Visitation of the county of Chester states that Sir Roger de Swyncrton, by Matilda his wife, had issue Sir Thomas, who married Matilda (or Maud), daughter of Sir Robert Holland, and was father of Robert who by Elizabeth his wife, daughter of Booth had Sir Robert, whose wife was Elizabeth, daughter and heir of Sir Nicholas Beke, by whom he left Maud his daughter and heir, who married first, William Ipstone, by whom she had issue William who died s.p.. Christian, aged six the 1 Hen. IV,, and Alicia, aged three ; her second husband was Humphrey Peshall, and her third, Sir John Savage of Clifton. TALBOT.— (4 Edw. III.) Whether this ancient family was in England before the conquest, according to Mr. Lodge,* or only became settled there about that era, is of little consequence. It has * j^jsij pgg^. flourished ever since in that high rank of nobility, and with the very rare instance of a ^S^^-'- p-333. continued race of male descendants to the present day. Gilbert Talbot, in the time of Edw. I., having married Guentlian, daughter, and eventually heir of Rhue Ap Griftith, prince of South Wales, his son Richard Talbot relinquished his own coat armour, and assumed that of his mother, viz: "G., a Lion rampant within a Bordure, Or." Though not summoned as a baron to the parliament at Lincoln the 29 Edw, I., he nevertheless was one of those who affixed their seals to the memorable letter to the pope, — being written, " Ricardus Talbot de Ecclesivell.f t Dngd. Lists Gilbert Talbot, his son and heir, had summons to parliament the 4 Edw. III., as " Gilbert Talbot " and in the same writf is mentioned the name of '^Richard Talbot." t Ibid. He was afterwards summoned by the same description to the 17 Edw. III.; and died circ. 20 Edw. III., leaving Richard Talbot his son and heir, who in his lifetime had also been summoned to parliament in and from the said 4 Edw. III.; and after his father's death to the 29 Edw. III., inclusive, shortly after when he deceased, the 30 Edw. III. He married Elizabeth, daughter and coheir of John Comyn, of Badenagh, by Joan his wife, sister and coheir of Aymer de Valence, earl of Pembroke ;§ and left issue § Vide Dorm. Gilbert Talbot, his son and heir, who had summons from the 36 Edw. III. to the vol. iii. 10 Ric. II., inclusive; and died the following year, 1387, leaving, among other issue, Richard Talbot, his son and heir, who having married Ankaret, sister, and eventually 428 BARONIA ANGI^ICA CONCENTRATA. * Vide Strange sole heir of John haron le Strange, of Blackmere,* had summons to parliament vita patris, from the 7 to the 11 Rio. II., as " Richardo Talbot de Blackmere C/i'v'r." It is rather singular that in the said writ of the 11 Ric. II, (having succeeded his father) he is twice mentioned; first as "Richard Talbot de Goderche Castle;" and secondly as "Richard Talbot de Blakemere ." but in the following years, to the 17 Ric. II., inclusive, as "Rich- ard Talbot de Goderiche Castle." He died in 1396, and was succeeded by his son and heir, Gilbert Talbot, who had summons from the 5 Hen. IV. to the 5 Hen. V., as "Gil- bert Talbot," without any addition to his name. He was twice married ; laut by his first wife, Joan, second surviving daughter of Thomas Plantagenet, duke of Gloucester, had t Lodge'slrish issue only a daughter Ankaret, who dying an infant in the fourth year of her age,t his vol. i., p. 328! honours, for want of surviving issue, devolved upon John Talbot, his next brother and heir; who having married Maud, eldest daughter and coheir of Thomas Neville lord Furnival, was summoned to parliament (vita fratris) from the 11 Hen. IV. to the 8 Hen. V., as " Johanni Talbot D'n's de Farnyval ; and from the 3 to the 13 Yl^n.-:^},^,,^" Johanni Talbot Militi." He was afterwards created earl of Shrewsbury by Hen. VI.; from which period his baronial honours became merged in the higher dignity, and so continued, till by the death of Gilbert, the seventh earl of J Vide Banks' Shrewsbury,} without issue male surviving (anno 1616) the earldom devolved upon his Baron, & Col- brother and heir male, Edward ; and the baronies of Talbot, Strange of Blackmere, and lins's Peerage. Fumivall fell into abeyance between his three daughters and coheirs, viz : Mary, who married William, earl of Pembroke ; Elizabeth, who married Henry Grey, earl of Kent ; and Alatheia, who wedded Thomas Howard, earl of Arundel. The issue of Mary and Elizabeth failing, the abeyance is presumed to have become terminated, and the aforesaid baronies to be in aljeyance between the coheirs general of ., I the said Thomas, earl of Arundel, who now are the lords Stourton and Petre. TALBOT OF RICHARDS CASTLE. Richard Talbot, a younger brother to Gilbert, who was summoned to parliament the 4 Edw. III., married Joan, daughter and coheir of Hugh Mortimer, of Richards Castle, in the county of Hereford, and in the partition of the inheritance acquired that seignory ; but neither he nor any of his descendants were ever summoned to parliament. It is, nevertheless, to be considered, whether as Hugh de Mortimer was summoned to parlia- ment the 25 and 27 Edw. I., provided those writs created a descendable barony, an in- terest therein is not vested in the heirs representative of the said Richard Talbot, of timer.^ "^ whom an account has been before given.§ BAKONIA ANGLICA CONCENTRATA. 429 TALBOYS.— (21 Hen. VIII.) Gilbert Talboys was summoned to parliament the 21 Hen. VIII., as lord Talboys of Kyme ; and then making his first entry into the parliament chamber, paid the demand made by the Garter king of arms for ordering the lords' seats, and registering their names.* * Dug. Lists He was son of Sir George Talboys, knt., lineally descended from Sir Henry Taylljoys, 497.^500". ''''' by Elizabeth his wife, daughter and heir of Gilbert Burdon, (or Barrodon,) by Elizabeth his wife, sister and heir to Gilbert de Umfraville, earl of Angus,t and daughter of Robert, f Vide Angus. earl of Angus, by Lucy his wife, sister and heir to William baron de Kyme, in the county of Lincoln. { + Vide Kyme. This Gilbert lord Taylboys married Elizabeth, daughter of Sir John Blount f and had two sons, George and Robert, who both died s. p., arid a daughter Elizabeth, who became his heir. This lady married, first, Thomas Wimbish, esq.; and secondly, Ambrose Dudley, earl of Warwick, but had not any issue by either of her husbands; and as such, on her death, the barony created by the writ of summons to Gilbert her father became extinct: but such interest as he had in the ancient barony of Kyme devolved in abeyance between his three sisters, or their heirs representative ; of which sisters, Elizabeth married Sir Christopher Willoughby, knight ; Cecilia married, first, William Ingleb)', of Ripley, in the county of York, esq. ; and secondly, John Torney, esq. ; Anne married first. Sir Edward Dymoke, knight ; and secondly Sir Robert Carr, knight. In the partition of the lands, the old castle of Kyme came into the Dymoke family, and long continued in it, till in the last century, it was alienated into the possession of strangers. The present Sir Henry Dymoke is not the immediate heir to the Kyme barony, the Dymoke interest therein being vested in the family of Heywood ; or if extinct, then in the heirs representatives of the sisters and coheirs of Champion Lewis Dymoke, who died in 1760, s.p.§ 5 Vide Banks's It is here to be observed that Mr. Wymbish having married the daughter and heir ^'^'' °^ ^^' J ^ a myun. of Gilbert lord Talboys, claimed to he Jure uxoris, lord Talboys ; but upon solemn argu- ment, the king himself being present, it was resolved — " That no man, husband of a baroness, in her right should use the title of her dig- nity until he had a child by her, whereljy he should become tenant by curtesy of her barony :" whereupon, Mr. Wimbish failed in his demand. On this occasion it is said that the king moved this question, viz : — " If the crown of England should descend to his daughter, whether her husband should use the style of England ?" * She survived him, and remarried Edward Clinton, first earl of Lincoln ; but by king Hen. VIIL had a natural son Henry Fitz Roy, whom his father created duke of Riclimond in the seventeenth year of his reign, which intimates that the lord Talboys owed his creation to having married the king's concubine, his writ of summons being the 21 of Hen. Vin. 430 BARONIA AXGLICA CONCENTRATA. The Chief-justice answered: not by right — but by grace; because the crown of Eng- land is out of the law of curtesy ; but if it were subject thereto, then it was clear. TATSHALL.— (45 Hen. III., and 23 Edw. I.) EuDO, a Norman adventurer, acquired the lordship of Tatshall, in the county of Lincoln, temp. William the Conqueror, from which his family became cognominated. From him descended Robert de Tatshall, who married Mabel, (or Amabel,) one of the sisters and coheirs to Hugh, the last Albini, earl of Arundel ; and in the partition of the inheritance had the manor and castle of Buckenham, in the county of Norfolk. This Robert, according * Baron vol. ii. to Dugdale,* died 33 Hen. III., leaving Robert his son and heir aged twenty-six; who, P' ^^ ' paying one hundred pounds for his relief, had livery of his inheritance. This Robert de Tatshall (to follow the words of Dugdale) in the 54 Hen. III., upon par- tition of the lands of Ralph Fitz-Ranulph, lord of Middleham, in the county of York, had in right of Joan his wife, second of the three daughters of the said Ralph, the manor of Well, and a moiety of the woods belonging to the lordship of Snape, and died in the 1 Edw. I., seised of Buckenham, with the castle ; as also of Tatshall, with the castle, &c., leaving Robert de Tatshall, his son and heir, then twenty-four years of age, who doing his homage, had livery of his lands. This Robert died the 26 Edw. I.,* being seised of a moiety of the manor of Well, &c., in right of Joan Ms icife, daughter and coheir of Ralph Fitz-Ranulph, above mentioned,^ (who it is to be observed, he had before made the wife of his father) leaving Robert his son and heir, then aged twenty-four years, who in his childhood, took to wife Eve, the daughter of Robert de Tibetot, and the 26 Edw. I., doing his homage, had livery of his whole inheritance, saving to Joan his mother, her reasonable dower. He afterwards died the 31 Edw. I., leaving Robert his son and heir, fifteen years of age. Now, if Robert was only twenty-four years of age at his father's death, the 26 Edw. I., he could only have been in his thirtieth year at the time of his own decease, the 31 Edw. I.; when, to have left a son agedffteeti, must have been a very nimble course of generation. This son is said to have died the 34 Edw. I., s. p., when Dugdale proceeds to say, that Thomas, the son of Adam de Caily, then aged twenty-four ; and Isabel, the wife of John Orreby, aged twenty-nine, were found his next heirs. Through all this statement Dugdale has not once alluded to any one of the Roberts » A MS. pedigree, penes auctore, names her Joan, daughter of Nevill. BARONIA ANGLICA CONCEXTRATA. 431 having at anytime been suninioiiecl to parliament, whereas it appears from the respective Clause Rolls,* that It^lt'''''' Robert de Tatshall had summons to the parliament called by the king's writ to meet in London the 45 Hen. III.,t which Robert was probably the same who died the 1 ^f (jjg\^^fin Edw. I. After him, another ™i. U. Robert de Tatshall is mentioned to have been summoned to parliament the 23, 24, and 25 Edw. I.,t and the name of Robert is also contained in the writ equis et armis to t Dugd. lists , , . 11 of Summ. Carlisle the 26 Edw. I., where he is designated a baron; those then summoned being all distinguished by their respective rank of comites vel barones ; but if he was dead in the said 26 Edw. I., the writ might refer to Robert de Tatshall, his son, who had summons the 27, 28, and .^0 Edw. I., and was one of those who in the parliament at Lincoln the 29 Edw. L, affixed his seal to the letter to the pojje.^ being then styled "Robertus de Tatteslialle, Dombms de Buckenham." 5 Ibid. This Robert deceased, as before raentionedj the 31 Edw. L, leaving his early begot- ten son R.obert de Tatshall, who died 34 Edw. L, s.p., when the inheritance became divided, as recited by Dugdale, and in the heirs representatives of those coheirs, the barony, if any was created by the writs of summons, may probably be considered as now vested. || ii Vide Clifton, But if the writs of summons from the 23 to the 30 Edw. L be looked upon as relating Knevett, &c. to one and the same person, then the barony would be extinct. Dugdale has omitted a third coheir, viz: Joan, who married Drib)', from whom descended the lords Cromwell, of Tatshall.^ ^ ^'^e ' • • Cromwell. THWENGE.— (22 Edw. L) Of this ancient family which were lords of Kilton castle, in Cleveland, in the county of York, was Marmaduke de Twenge, who married Lucia, one of the sisters and coheirs of Peter, the last Brus baron of Skelton, in the county of York, and had summons to parliament the 22 Edw. L, but no more. By the said Lucia de Brus his wife, he had issue several sons, whereof the eldest, Robert de Twenge, never had summons to parliament, and died leaving a daughter and heiress Lucie, who married AMUiam le Latimer, from whom she was divorced, and afterwards married Nicholas de Meinill, or rather, as it is said, was his concubine, and had by him a bastard son Nicholas.** She was again married to, or became the concu- **VideMeinill bine successively of, Bartholomew de Fancourt and Robert de Everingham. Marmaduke de Twenge, brother and heir male to Robert, was a famous soldier, and 432 BARONIA ANGLICA CONCENTRATA. a person of special note in his time, and had summons to pariiament from the 35 Edw. * Vide copy of I.* to the 16 Edw. II., inclusive, about when, or shortly after, he died, leaving by Isabel his wife, daughter of Robert de Ross, of Igmanthorpe, three sons, viz : William, Robert, and Thomas ; and also three daughters, Lucy, Margaret, and Catherine. Of the sons, William de Thwenge had summons the 18 Edw. II., but never after, and died the 15 Edw. III., s.p., leaving Robert de Thwenge his brother and heir, who was a priest, and died soon after in the 18 Edw. III., being succeeded by Thomas de Thwenge his next brother, also a priest, and rector of the church of Ly- thum, where he founded a chantry in the parochial church for twelve priests to pray for the souls of himself and ancestors, and the souls of William, Robert, John, and Nicholas, his brothers, being the only mention made that he had such brothers, who probably died young in their father's lifetime. He died the 48 Edw. III., when the descen- ants of his three sisters, whereof Lucy married Sir Robert Lumley, knight ; Margaret, Sir Robert de Hilton, knight ; and Catherine, Sir Ralph D'Aubenie, knight, became his coheirs, and in their heirs representative the barony of Thwenge may be considered vested t Vide Lum- in abeyance. t ley case of Dr. Lloyd . TIBETOT.— (I Edw. II.) JRollsofParl. RoBERT DE TiBETOT, in the 6 Edw. I., is recorded^ to have been in the .parliament ' ' ■ at Westminster, in that year when Alexander, king of Scotland, did homage to king Edward.'' He was also in that parliament the 18 Edw. I., when the barons granted to the king such aid for the marriage of his daughter, as his father, king Henry, had in time .,., before ;§ but there is not upon record any writs of summons to the said parliaments.*" This Robert died circ. the 26 Edw. I., and was succeeded by his son Pain de Tibetot, who had summons to parliament from the 1 to the 7 Edw. II., and by Agnes his wife, daughter of William de Ross, of Hamlake, left John de Tibetot his son and heir, who was summoned from the 9 to the 39 Edw. III., inclusive, and died the 41. He married Margaret, sister and coheir of Giles lord Badlesmere, by whom, in the division of that great inheritance, he considerably increased his estate. His eldest son John having predeceased him, he was succeeded by ^ Quinzim de St. John Baptist (1278) the Statutes of Gloucester were made 4 October. — (Parliamentary Re- port of the commencement, adjom-nment, smd prorogation of parliaments from the 9 Hen. III. to the 2 William and Mary, anno 1690). b Post Festum St. HiUarii et post Pascha (1290) parliament at Clyston a die St. MichaeUs in unum mensem. — (Ibid.) BAROMA ANGLICA CONCENTBATA. 433 Robert, his next surviving son and heir; which Robert was summoned in the 42 and 44 Edw. III.; and deceased the 46, leaving Maud* his wife, daughter of William lord Deincourt sur\'iving, and three daughters his coheirs, viz : Margaret, who married Roger, second lord Scroope, of Bolton, lately represented by Charles Jones, esq., (de- ceased 1843); Milicent, who married Stephen le Scroope, (brother to Roger,) represented by William Scroope, of Castlecomb, in the county of Wilts, esq.;'' and, EUzabeth, who married Philip le Despenser,"^ represented by the now baroness of Wentworth ; and Anne Isabella lady Byron. TIBETOT— (4 Hen. VI.) EA.RL OF WORCESTER.— (27 Hen. VI.) John de Tibetot, son and heir of Pain de Tibetot, a younger son of John de Tibetot, by Margaret de Badlesmere, (but according to Blore, not by her, but by another wife, EUzabeth, widow of Sir Thomas Wauton,) had summons to parliament from the 4 to the 20 Hen. VI., as "Johanni Tiptoft Ch'l'r." Dugdale affirms that he bore the title of "Lord Tiptoft and Powys .-" yet the writs of summons never mention him by that latter designation ;* though it is probable his being called to parliament was in consequence of * Dugd. Lists his having married Joice, one of the sisters and coheirs of Edward baron Cherleton, who ° "™™' was lord of Powys, in Wales ;t by which marriage he obtained a considerable inheritance, f vide Cher- He died the 21 Hen. VI.; and was succeeded by ^^'°°" John de Tiptoft, (or Tibetot,) his son and heir, then in minority ; who was created earl of Worcester the 27 Hen. VI., ha\'ing just become of age. He was a person of very great acquirements, and held many high offices in the time of Hen. VI. and Edw. IV. and was a Knight of the Garter : yet, after all, having become obnoxious to the Lancastrians, and acquired the en\^ of the Yorkists, he fell a sacrifice to party,t and J Vide Banks' was eventually beheaded on Tower Hill, and buried at the Black Friars, in London, the garon' ^oi „' 10 Edw. IV. He was twice married; first to Elizabeth, daughter of Robert Greyndour, by whom he had a son John, who died the day he was born — as did his mother ; his a This Maud is called Margaret by Hunter in his Deanery of Doncaster, (vol. i., p. 325), who states that she is said to have remarried John Cheney. ^ His only child Emma Phips Scroope married, in 1821, George Julius Buncombe Powlett Thompson, esq., who thereupon had the royal licence to take the name of Scroope. c LeUind and Collins assert that she married, first, William le Scroope, earl of Wiltshire, and secondly, Philip le Despenser. In Blomfield's Norfolk, (folio edition, vol. v., p. 1550) Margaret Tibetot is said to have remarried John Nicandser, and Milicent Tibetot to have remarried Sir John FalstofF, K.G., the espousals being made in Ireland, when Sir John and Sir Gilbert Umfravill were bound in a bond to Stephen Scroope, archdeacon of Richmond, to p«y her one hundred pounds a year for Ufe. VOL. I. F fl" 434 BARONIA ANGLICA CONCENTRATA. second wife was Elizabeth, widow of Sir Roger Corbet, daughter of Thomas, and sister to Sir Walter Hopton, and one of the heirs of Sir William Lucy, knt.,* by which wife he had issue Edward, his son and heir, but having been attainted his honours were forfeited. Edward de Tiptoft, his said son and heir, was restored in blood, but he died unmar- ried in 1485, whereby his aunts (sisters to John his father) became his coheirs, viz. : Phihppa, who married Thomas lord Roos, represented by the present lord de Roos, and the other coheirs of the barony of de Roos ;t Joan, who married Sir Edmund Ingoldes- thorpe, represented by the coheirs of John Nevill, marquess of Montague ;t and Joice, who married Edmund, son and heir of John lord Dudley, represented by the coheirs of § VideDudley. the barony of Dudley.§ * Heame's Lib. Nig.,v.ii. p. 511. t Vide Roos t Vide Men- tague. Memorials of the Tiptofts, In the Grey Friars, at Norwich, founded by the lord Tiptoft. Buried — Sir Robert Tiptoft, knt., and Dame Una, his wife ; Sir Robert Tiptoft, the younger ; Margaret, wife of Sir John Tiptoft ; Robert Tiptoft, Esq. ; Elizabeth Lady Spencer, wedded to Sir Philip Spencer, daughter of Robert Tiptoft ; Philip, George, and Elizabeth, children of Sir Philip Spencer ; Joan, daughter of Sir Hugh Spencer. Deane Michael, Co. Glouc. John Tiptoft, earl of Worcester, married Elizabeth, daughter of Robert, only son of Sir John Greyndour, on whose attainder and death, in 1471, the manor reverted to Alice, second wife of Thomas Baynham, daughter of William Walweyne, grandson of Sir John Greyndour. TONI.— (27 Edw. I.) 11 Dugd. Lists of Samm. ^ Corou. Rot. 1 Edw. II., vide vol. ii. ** Dug. Lists of Sumin. Ralph de Toni is said to have been standard bearer to William the Conqueror, at the great and decisive battle of Hastings, and as a reward for his eminent services had given to him divers lordships in several counties ; from him descended Robert de Toni, who the 26 Edw. I. had summons equis et armis to CarUsle, and in the writ is denominated a baron, those summoned on that occasion being all styled by their respective ranks of comites vel barones,\\ He had afterwards summons to parliament from the 27 Edw. I. to the 4 Edw. II. inclusive, and was summoned to that king's coronation.1[ In the parliament at Lincoln, the 29 Edw. I., he was one of those eminent persons who affixed their seals to the letter writtea by the barons to the pope,** by the designation of BARONIA ANGLICA CONCENTRATA. 435 "Robnins de Tonny Dominus de castro Matildis." ,He died circ. 4 Edw. II., s.p., leaving Alice, his sister and heir, who married, first, Tliomas Leybourne ; secondly, Guy de Beauchamp, earl of Warwick, and surviving him, is said to have married thirdly, William le Zouche, of Ashby. Dugdale has not noticed this Robert to have been ever summoned to parliament ; but Banks, in his Baronage,* has remarked this, and mentioned the * Dorm, and several parliaments to which he was summoned; this remark Sir Harris Nicolas in his p. 421. ' ' Synopsis,t has adopted as a shrewd observation of his own. t Vol.ii.,p.645 TREGOZ.— (25 Edw. I.) Robert Tregoz had summons to that parliament called by the king's writ to meet in London the 45 Hen. III. J He was afterwards slain in the battle of Evesham. His son + copy of John de Tregoz had summons to parliament in the 25 and 27 Edw. I., but no more, "'"^ "• and died leavinsf two daughters his coheirs, viz : Clarice, who married Roger de la Warre,6 § ^^'<^^ ^'^ ^ ..... Warre, and and Sybil, who was wife of Sir William Grandison. Grandison. Robert de Tregoz, of Ewyas,* jure uxor.^Sibil, or Sybilla, daughter and heir of Robert de Ewyas. 1 Robert de Tregoz, slain at Evesham .T=Julia, or Julian de Cantilupe. 1. John de Tregoz, summoned to parliament-rMabel, daughter of 2. Henry Tregoz, of Sussex. 25 and 27 Edw. I., ob. circ. 1300. | Fulk Fitz Warine. (Vide vol. ii.) I ' 1 Clarice, dau. and coheir.=pRoger de la Warre. Sibil, or Sybilla, dau. and coheir. -pWillaim de Grandison. • Vincent, p. 885. TRUSSEL.— (22 Edw. I.) William Trussel is mentioned among those who had summons to parliament the 22 Edw. I. ;|| but the name does not again appear in any writs of summons tUl the 16 Edw. u Dugd. Lists ml ., of Summ. ,, when another William Trussel (for from the length of time he cannot be considered the same per- son) had summons with divers earls and barons to attend a great council to be holden at Westminster,^ but which is not called a parliament, though the words of the writ import H Ibid, it to be, to give advice on the urgent affairs of the realm. His name however is not again recited in any subsequent writs of summons, so that it cannot be inferred that any inheritable barony was acquired under, or by virtue of, either of the said writs of sum- **VideBank'8 mons, and in such respect a further account of the family appears unnecessary.** Baron. >0 436 BAJIONIA ANGLICA CONCENTRATA. TUCHET.— (28 Edw. I.) William Tuchet had summons to parliament from the 28 to the 35 Edw. I. In the 26 Edw. I. he had summons to Carhsle equis et armis, and in the writ he is styled a * Dugd. Listi baron,* as all who were then summoned were distinguished by their respective ranks. In the 29 Edw. I. he was one of the barons who in the parliament at Lincoln affixed their seals to the letter then written to the pope, being styled "WilUelmus Touchet Dominus de Levenhales." But his name is not included in any writs of summons after the 35 Edw. I. It is presumed that he was ancestor to Sir John Tuchet, who married the coheiress t Vids Audley of Audley,t or that they were of the same family ; but the connexion has by no means been ever clearly shown. It is most probable that the immediate line of this William merged in female heirs. HENRY DE TYES.— (22 Edw. I.) The origin of this family is much controverted by Hornby in his animadversions on X P. 241, et Dugdale's Errors ;% but whether Hornby or Dugdale be the most correct is of little con- sequeni. sequence as regards the period when it first obtained baronial rank by being called to parliament. Henry de Tyes had summons to parliament the 23 Edw. I., and from thence to the 1 Edw. II. In the 26 Edw. I. he had summons equis et armis to Carhsle, and by the name of "Henr' Tyeis" is styled a baron, those who were then summoned being all dis- § Dugd. Lists tinguished by their respective ranks. § In the 29 Edw. I., by the denomination of "Hen- of Sum. ricus de Tyes Dominus de Chilton," he was one of those who in the parliament at Lincoln 11 Ibid. subscribed the letter to the pope,|l after when he died circ. 1 Edw. II., and was succeeded by his son Henry de Tyes, who had summons from the 6 to the 14 Edw. II., but being con- cerned in the insurrection under the earl of Lancaster, he, with that earl, and divers other eminent persons, was taken prisoner at Boroughbridge, and was executed for his treason, at London, anno 15 Edw. II., leaving Alice his sister and heir, who married Warine de Lisle, in whose coheirs descendants the representation of this barony, if not \ Vide Lisle, afi'ected by the aforesaid execution is now vested.1[ WALTER DE TYES.— (27 Edw. I.) Of this Walter no mention occurs as to his connection with the family of Henry de by, pp.^ 245^6" Tyes,** or whether of a distinct origin. He married Isabel de Steingreve, (or Steingrene) BARONIA ANGLICA CONCENTRATA. 437 daughter of John de Steingreve,* (or Steingrene) by Ida his wife, one of the coheirs of * ^'iile Stein- irrGvc vol ii Joan de Beauchamp, coheiress of the last Bcauchanip, haron of Bedford.f In the 26 f Vide Banks> Edw. I. he had summons to Carlisle equis et arniis, and in the writ, where all summoned t,°"°' /•' ^ ' Haron., vol. i. were distinguished by their respective ranks,t was styled a baron. In the 27 Edw. I. J Dugd. Lists he had summons to parliament, and from thence to the 1 Edw. II. inclusive, as also to """"' the coronation of that king.^ In the 29 Edw. I. in the parliament at Lincoln, by the 5 Coron. Rol . , . in vol. ii. description of " JValtei'us de Tye, Dominus de Stangrove," he affixed his seal to the letter then written to the pope. He died s.p. circ. 18 Edw. II.,|| leaving his niece Margaret, II Orig. J8Ed. daughter of his brother Roger de Tyes, his next heir ; but the barony created in him be- Bedf. came extinct. Dugdale has not noticed this Walter de Tyes to have been ever sum- moned to parliament, though in his Lists of Summons he has included his name. UFFORD.— (2 Enw. II.) Of this family, according to Dugdale and other authorities,^ Robert, a younger son of ^ Camden, John de Peyton, of Peyton, in the county of Suffolk, becoming possessed of the lordship Peyton] bart. of Ufford, in the said county, therefrom assumed his surname, which Robert de Ufford was for sometime Justice of Ireland, and died the 26 Edw. I., leaving by Mary his wife, widow of William de Say, Robert his son and heir, and Tho- mas a younger son, (unnoticed by Dugdale), who married Eve, daughter and heir of John baron de Clavering.** The said ** Vincent. Robert de Ufford had summons to parliament the 2, 3, 4, and 5 Edw. II., being the first of his family in the character of a baron. He died the 10 Edw. II., having married Cecily, one of the daughters and coheirs of Robert de Valoines, by whom he had issue Robert his son and heir, Ralph, and Edmund,*t and another son who was archbishop of *t Dugd. Bar. Canterbury, elect, but whose name is not mentioned by Dugdale. Robert, the eldest son and heir, was summoned to parliament from the 6 to the 10 Edw. III., and in the following year was, by charter dated the 16 March,*! 1336, created *+ Chart, n earl of Suffolk, with an habendum " sibi et hceredibm suis," thereby conferring upon him 51 & 52. ' an earldom descendable to his heirs general. He was a person of high note, eminent talents, and of great prowess, — very popular, in great favour with his sovereign, and sel- dom out of some distinguished employment. He married Margaret, daughter of Sir W^alter de Norwich,*§ and had issue Robert his eldest son and heir apparent, who died *§ Vide Nor- before him s.p., having been summoned to parliament (or great council)*|| the 16 Edw. *|| j)^g Lig^j III., by the description of " Robertus le Ufford le Fitz." He had issue also two other °r^^^,™' sons, viz : William his successor, and Thomas*^ who died s.p., and three daughters Yorke's Union hereafter mentioned. Upon his death the 43 Edw. III., he was succeeded by ^2. ""' '"' 438 BARONIA ANGLICA CONCENTRATA. William de Ufford his eldest surviving son, the second earl, who in his father's life- time had been summoned to parliament the 38 and 39 Edw. III. This earl like his father was a very popular man, and much regarded by the nation and the king, and died very suddenly as he was ascending into the parliament chamber, the 15 February, the 5 *Escb. no.57. Richard II., anno 1381.* He was twice married, first to Joan, daughter of Edward de Montacute, by Alice his wife, daughter and coheir of Thomas of Brotherton, earl of Norfolk, and secondly to Isabel, daughter of Thomas de Beauchamp, earl of Warwick. t Milles, By his first wife he is saidf to have had four sons, viz : Robert, Thomas, William, and Y*^"?^' u""*^ Edward, who all predeceased him s.p.,^ whereby on his decease s.p.s., his sisters became of Honor. his coheirs, of wliich Cecily de Ufford married John lord Willoughby of Eresby, represented by the present lord Willoughby and the marquess of Cholmondeley ; Catherine de Ufford mar- t Vide Scales, ried Robert lord Scales ; J and Margaret de Ufford married William lord Ferrers, of § Vide Ferrers Groby.§ o Gro y. Thus the barony of Ufford fell into abeyance between the heirs general representa- tive of these three ladies ; and the earldom of Suffolk, by virtue of its charter of creation, and limitation to Robert de Ufford, habendum "Sibi et hceredibus suis" must be consid- ered to be similarly vested ; although no peerage author has hitherto made any remark II Vide Devon, thereon. The late decision of the earldom of Devon || forms a precedent that the descent of a title must be guided by the words of the charter, or patent, which first created the dignity. JOHN DE UFFORD.— (34 Edw. III.) U Synopsis, JoHN DE Ufford, called by Dugdale, and adopted by Sir Harris Nicolas,^ son of Ralph Toi.ii.,p.654. ^jg Ufford, (brother to Robert, first earl of Suffolk,) by Eve his wife, daughter and heir of John baron de Clavering, had summons to parliament the 34 Edw. III., but died the ** Esch., year following, s.p., leaving Edmond de Ufford his brother and heir.** 35 Edw. III. rpj^jg statement is, however, controverted by Vincent, who says this John was son of Thomas, a younger son of Robert, the justice of Ireland, who was grandfather of Rob- ert, the first earl of Suffolk, and which Thomas, and not Ralph, married the said Eve de Clavering. This, indeed, appears evident from the Clause Rolls of the 2 Edw. II.; which recites, viz : " Thomas de Ufford et eandem Evam quam idem Thomas duxit in uxorem mono die Marcii a" 2'^." It is also evident that Ralph could never be the husband of Eve, inasmuch as he died in the lifetime of Maud de Lancaster, (the widow of William de Burgh, earl of Ulster,) whom he married ; and by her had a daughter Maud, who mar- » Vide Vincent's severe animadversions upon Ralph Brooke, in the article of Suffolk, p. 498. BARONIA ANGLICA CONCENTRATA. 439 ried Thomas, earl of Oxford. Thus, if Eve had been a former wife, she must have died before him ; and if she had been his second wife (as said by Dugdale,) he could not have deceased before the said Maud. Robert de Ufford,* Justice of Ireland, ob. 26 Edw. I.^Mary, widow of William de Say. .r Robert, eldest son. — (Vide Table II.) Thomas de UfFord, a younger son.=pEve de Clavering. „ I n r I 1. John de Ufford, summoned to parliament, 2. Edmund, brother-pSihilla, daughter of 3. Robert 34 Edw. III., ob. s.p. 35 Edw. III. & heir, of Horsford. I Simon Pierepont. de Ufford. I r^ Robert, buried=pHelen, or Alianor, daughter Other issue, died young. — at Langley. I of Sir Thomas Felton. (Moniut. Angh, vol. i., p. 415. r ' ■ , 1 Elizabeth, or Ela, married Joanc de-pSir William Bowet, Sibilla, a Nun Richard Bowet, s.p. Ufford. I brother to Richard. at Barking. Elizabeth, daughter and heir.-j-Sir Thomas Dacres. r J Joan, daughter and heir, married Richard Fienes. • Vincent, 396 in Coll. Arm. Memorials of the Ufford Family. Grey Friers, Norwich. — (Weever, 750.) Dame Elizabeth, wife of Sir Thomas UfFord, daughter of the earl of Warwick. The heart of Dame Petronil Ufford ; Dame Margery, aunt of Sir Robert Ufford ; Elizabeth Ufford. Campsey. — (Ibid. 775-) Maud, sister to Henry, earl of Lancaster, first married to William de Burgh, earl of Ulster ; and after to Ralph de Ufford, C. J. of Ireland, founded a chantry, to pray for the souls of the said William de Burgh, and Ralph de Ufford, whose body was here interred. • Woodbridge.— (Ibid. 752-3.) Buried in the Priory Church, viz, Joan St. Philibert, daughter of the earl of Suffolk; Sir Robert de Ufford, and Dame Cecily his wife ; Robert de Ufford, earl of Suffolk, and Dame Margaret his wife; Sir William de Ufford, second earl of Suffolk, and Isabel his wife. Langley.— (Ibid. 825-6.) Sir John Clavering obiit 1332 ; Sir John Ufford ; Sir Robert Ufford ; Sir Thomas Ufford ; Sir James Audley ; Dame Agnes Clavering ; Dame Eve Audley ; Dame Joan, daughter of Sir Robert Ufford, uxor WiUielmi Bowet ; Sir Edmund Ufford ; Sibilla, wife of Sir Edmund Ufford. 440 BAKONIA ANGLICA CONCENTRATA. Augustine Friers. — (Weever, 804.) — Sir Robert Ufford. Black Friers, Dunwich. — (Ibid. 720.) Sir Ralph Ufford, and Dame Joane his wife ; Dame Joan Neyland, sister of the earl of Suffolk. Canterbury. — (Ibid. 222.) Here lieth obscurely buried John Ufford, brother to Robert, earl of Suffolk, Arch- bishop of Canterbury, but died of the plague before he received the Pall, or Consecra- tion, June 7j anno 1348 ; Andrew Ufford, Arch-Deacon of Middlesex, was his Adminis- trator. TABLE II. Robert de Ufford, Justice of Ireland, ob. 26 Edw. I.=pMary, widow of William de Say. Robert de Ufford, summoned to parlia — [-Cecily de ment 2 Edw. II., ob. 10 Edw. II. | Valoines. _I _. Thomas de Ufford, a younger son, married Eve de Clavering. Robert, created Earl-pMargaret, dau. of Suffolk; ob. 43 I of Sir Walter de Edw. III. Norwich. nr John, Archbishop of Canterbury, ob. 1348. Robert, 1. Joan, dau.^y^William, second=2. Isabel ob. vi. of Edward de Earl of Suffolk, de Beau- pat. s. p. Montacute. ob. 5 Ric. II. champ. I 1 1 1 Robert. Thomas. William. Edward. (All died vita patris without issue.) 1 I I I Thomas, s.p. Ralph,* -pMaud, widow ob. 20 of William, Edw. III. I Earl of Ulster. I 1 Edmund, named in his brother's will. -| Cecily mar. John Lord Willoughby. Catherine mar. Robert Lord Scales. Margaret m. William Lord Ferrers of Groby. r Maud^pThomas Earl of Oxford. Robertjf Earl of Oxford, ob. s.p. * It would appear from Blomfield's Norfolk that he had a son John Utford, rector of Hia^ham. who by his mil left a legacy to his sister Maud, a nun at Campsey. + In the work intitled " Collectanea Topographica et Genealogica," it is questioned how upon the death of this earl Bobert s.p.. Sir Robert Willoughby could be heir to Maud, countess of Oxford ; but it may be re.adily seen by referring to this pedigree. UGHTRED.— (17 Edw. III.) * Dug. Lists of Summ. t Ibid. J Dodsw. MS- in Bodl. Bib. ap. Oxon. UcTREDus, supposed to be of Saxon origin, held lands in Scardeburgh (now Scarborough temp. Hen. III., from whom descended Robertas Ughtereth, who, the 24 Edw. I., had summons to attend at Newcastle- upon-Tyne, equis et armis, and to a great council to be there holden:* to whom succeeded Thomas Ughtred his son, who during a great part of the reigns of Edw. II. and III. was famous for his services in the wars with Scotland, and had summons to parliament from the 17 to the 38 Edw. III.,t in the year following of which he died, leaving by Margaret his wife, daughter and heir of Brian Burdon, lord of Kexby,J in the county of York, which manor was thereby acquired. BARONIA ANGLICA CONCENTRATA. 441 Thomas Ughtred his son and heir, who was also a military man of much renown, but was never summoned to parliament. He died the 3 Hen. IV., leaving Thomas the son of Wilham, who died in his lifetime, his grandson and heir, which Thomas Ughtred never had summons to parliament. He married Margaret, daugh- ter and coheir of Sir John Goddard by Constantia his wife, one of the daughters and coheirs of Thomas de Sutton, of Holdernesse, (the rehct of Peter de Mauley),* and had * Vide Mauley . and Sutton in issue two sons, Robert and Thomas, which Robert died temp. Edw. IV., leaving issue, vol. ii. Henry his son and heir ; but as none of the family were ever after summoned to parlia- ment it is not necessary to continue their descent, only observing that if Thomas Ugh- tred, by his repeated writs of summons, temp. Edw. III., acquired thereby a descend- able barony, the same is vested in his heirs representative, together with a coheirship in the barony of Sutton of Holdernesse. t + ^'.^^ Sutton In the will of Sir Henry Ughtred, knight, of Kexby, proved previous to 1515, he names Anthony Ughtred his son, Henry and George his sons, and Robert his son and heir, and brother William Fairfax, who by such expression may be considered to mean brother in law. UGHTRED.— (17 Edw. III.) Thomas Ughtred, summoned to parliament temp.=^Margaret, daughter and heir of Brian Burdon, Edw. III., ob. 39 Edw. III. of Kexby, in the county of York. I Thomas, ob. 3 Hen. IV.=p. , I William, ob. vi. pat. J Thomas, son and heir of William, son of Thomas, -j-Margaret, daughter and coheir of Sir John Goddard, by et maritatus apud mort. avi. I Constance, daughter and coheir to Sir Thomas Sutton. , 1 1 Eobert,* ob. vita uxor.T=Katherine, daughter to Sir William Eure. Sir Thomas Ughtred.f I ' Sir Henry, ob. 2 Hen. VIII. — Will proTed=pElizabeth, daughter of Sir John Seymour, of at York prior to 1515. | Wolf Hall, in the county of Somerset. I '■ ^ -1 ■ 1 o. ^ Robert, son^Elizabeth, daughter of Anthony. Heruy. George. EUenor, married Sir Thomas and heir. | William Fairfax. Mauleverer, Knight. 1 Robert Ughtred, of Kexby, in the county of York, 5 Edw. VI. • Robert Ughtred, Ch'r, consang. et hares Thomae Sutton, Militis, Mich. Fines 26 Hen. "WL—CEx. MS. in Bib. Boil, apud Oxon. t Thomas Ughtred, Ch'r, consang & bar. Jo. Goddard, Ch'r. recupacoem Term. Trio. 24 Hen. VI. — {Ibid.) UMFRAVILLE.— (Vide Angus.) VALENCE.— (25 Edw. I.) Aymer de Valence, son and heir of William de Valence, who married Joan, sister „ X Vide Mont- and heir of William de Montchensy,J (which William de Valence was son of Hugh le chensy. VOL. I. Ggg 442 BARONIA ANGLICA CONCENTKATA. Brun, earl of Marche, in France, by Isabel his wife, widow of king John, and mother of king Henry III.), had summons to parhament from the 25 to the 35 Edw. I.,* as "Adom- * Dugd. Lists artis de Valencia" and in the 29 Edw. I. was one of those who in the parhament at Lincoln subscribed the letter to the pope, being then styled "Adomarus de Valencia Dominus de t Ibid. Montiniaco ;"t* but though his father, William de Valence, is said to have been created earl of Pembroke, he did not have that title upon his father's death, in 1296, (2.3 Edw. I.) but appears to have first had it in the 1 Edw. II., when by writ of summons he was called J Ibid. to parliament^ as "Adomari de Valencia Comiti Pemb'," and by the same description to § Vide Coron. the coronation of that king.§ He was much in the royal favour, but not popular to the o . in vo . 11. j^jj^Jq^^ fjg ^^g thrice married, but had not issue by any of his wives, and dying the 17 Edw. II., s.p., his titles became extinct, and the inheritance divided among his sisters and coheirs, or their representatives ; of these sisters, II Vide Hast- Isabel de Valence married John lord Hastings ;|| Joan was wife of John Comyn, "'S^- lord of Badenagh ; and Agnes (or Anne) married, first, Maurice Fitz Gerald, next, Hugh de Baliol, and lastly, John de Avenues, but is said not to have had issue by any of these husbands. VAUX OF HARWEDON.— (15 Hen. VIII.) Nicholas Vaux, a descendant from the ancient house of Vaux, baron of Gillesland, in the U Baron., vol. reign of king Stephen, was according to Dugdale,T[ created a baron of the realm, by the title citins Stow, of baron Vaux, of Harwedon, the 15 Hen. VIII.; the solemnity of his creation being upon the authority of Stow, at the palace of Bridewell. By this statement it would seem that he was created by patent, and that Dugdale so considered it, as he recites it in that part of his Baronage which specially treats only of persons so created.-^ He however never took his seat in parliament as he died the same year, before any parliament was holden. But if the solemnity of his creation took place at Bridewell, it is evident he was not created by summons to parliament; and as he died so soon after his said creation, there could not be any barony descendable to his son and heir, as derivable from any writ of parlia- mentary summons. The Journals of the House of Lords are wanting from the 7 to the 25 Hen. VIII., therefore there is not any evidence that this Nicholas Vaux was a peer of the realm ; and the manner in which he was so created being only stated by Dugdale, on the authority of Stow, is not supported by any patent to be found recorded, or enrolled. * This may very likely be meant for the barony of Montchensy, which the Hastings family as heirs to Valence assumed among their titles, though Montchensy was never a parliamentary barony. b These kind of creations appear to have been by investiture ; the person intended to be created being then in- troduced in the robes of the rank meant to be conferred upon him, which was formally expressed after, either by letters patent, charter, or summons to the next ensuing parliament. BAUONIA ANGLICA CONCEXTRATA. 443 Thomas Vaux, his son and heir, was present in parliament the 27th of January, the 25 Hen. VIII.,* from which it is presumed that he must have had a summons antece- * Vaux case dently to that time, although no evidence of such writ is now to he found among the p^oc. records. After this period his name is included in the general writs of summons during the remainder of the reign of Hen. VIIL, and the reign of Edw. VI.; but it does not ap- pear that he sat in parliament after the 25 Hen. VIII. till the 1 queen Mary, in whose fourth year he deceased, leaving William Vaux, his son and heir, who the 20th of January, the 4 and 5 Philip and Mary,'dehrered his writ of summons, and sat first in parliament.t He was succeeded t Lords' Jour, on his death, 3/ queen Elizabeth (1595) by Edward Vaux, his grandson and heir (son of George who predeceased him) who died in 1661, without legitimate issue, leaving Henry Vaux, his brother and heir, to whom, in his will,J he left a legacy of ten ♦ Vaux case, pounds, ha-\-ing by deed of settlement in 1646 settled his family estates, after a life use to himself, and the countess of Banbury his wife, on Nicholas, son of the said countess ; theretofore called Nicholas Vaux ; or by whichsoever name or description the said Nich- olas be, or hath been called, reputed, or known. This Nicholas, with another son Edward, were considered sons of the said Edward lord Vaux, born of the infamous countess, his wife,^ in the lifetime of her husband William, earl of Banbury.§ Thus Henry his bro- § vide Banks' ther was deprived of the family estates ; and dying s. p., the male line of Vaux*" became ?"'''"• ^ ^^■ . . . Bar., vol. lii., extinct ; and his sisters, or their representatives, became his coheirs general. p. 44. Of these sisters, Mary married Sir George Simeon, represented by Charles Mostyn, of Kiddington, in the county of Oxford, esq., sole heir; Joyce, a nun, died in 1667; and Catherine married Sir Henry Neville, afterwards lord Abergavenny, represented by Robert, earl of Pembroke, and Edward Bourchier Hartop, esq., coheirs to the barony of Vaux, in abeyance ; but this abeyance has been determined on claim referred to the house of lords, in favour of Mr. Mostyn, as may be more fully seen in Lodge's Annual Peerage, and other printed peerages of the day. » She is said to have destroyed the patent of creation of Nicholas Lord Vaux (which was never enrolled) together with divers deeds relating to the entailed estates, to secure them to her bastard sons, and thereby prevent Henry the last lord succeeding to them. )> He was buried at Eye in Suffolk, with this inscripticn : " Exiit Ultimus Baronu' de Harrowden -)- Heuricus Vaux -(- Sept. 20, Anno D'ni mdclxiii. 444 BABONIA ANGLICA CONCKNTRATA. VAVASOR.— (27 Edw. I.) * Dugd. Lists of Summ. t Ibid. § Coron. Rot. in vol. ii. § Baronetage, vol. ii.,p. 130. II Glover, 207. 1IOrig.23Edw. I., Rot. 13. ** Esch. no. 40. *t CoUins & Minster MS. *J Esch. no. 60. *§ Harl. MS. no. 807. *|| Vol. ii.,pp. 219 & 220. William le Vavasor (or Vavasour) was summoned to parliament from the 27 Edw. I. to the 6 Edw. II. inclusive ; but his name is omitted in Dugdale's Index, though con- tained in his Lists of Summons for those respective years.* In the 26 Edw. I. he had summons to Carlisle, equis et armis, and in the writ was styled a baron, as those sum- moned at the same time were all distinguished by their several titles of comites vel barones. He was also summoned to the parliament at Lincoln, the 29 Edw. I., but was one of those who did not affix their seals to the letter to the pope :t he was likewise summoned to the coronation of Edw. II. J Dugdale states him to have been son of Robert le Vavasor, by Juliana, daughter of Thomas de Multon ; but, according to Collins,§ he was son of John le Vavasor, by Alice, daughter of Robert de Cockfield,|| which seems confirmed by a MS. pedigree of the fam- ily, in the minster library, at York, as also the Originalia Record,^! that as son and heir of Alice, he did homage for the lands of his mother, which she held of the barony of Baieux. The said William le Vavasor died the 6 Edw. II.** His wife was Nichola, daughter of Sir Stephen, and sister to Sir Richard Waleys, of Newton, by whom he had three sons, Robert, Henry, and William,*t but neither appear to have been ever summoned to par- liament. Robert le Vavasor, the eldest son, died the 16 Edw. II.,*t having had issue two daughters, Elizabeth and Anne; whereof, Elizabeth married Robert Strelley, of the county of Nottingham.*§ In Thoresby's edition of Thoroton's Nottinghamshire, he mentions,* || that Sir Robert Strelley (aged thirty the 12 Edw. I.) married Elizabeth, daughter and heir of William Vavasor, of Shipley, in the county of Derby, from whom descended John Strelley, aged forty, the 4 Hen. VII., who left four daughters and coheirs; whereof, Isabella, the eldest, married Clement Low, and had a daughter and heir, who married William Sacheverell, second son of Sir Henry Sacheverell, of Morley, in the county of Derby; from whom, by an heir female, descended the late Sacheverel Chandoz Pole, esq., of Radborne, in the county of Derby, WALTER VAVASOR.— (7 Edw. II.) CoTEMPORARY witli the before mentioned William, was, according to Dugdale, Walter le Vavasor, who was in the wars of Scotland, and had summons to parlia- *1f Dug. Lists ment the 7 Edw. II.,*1f but never after. Who he was, or how, if at all related to William, is in no respect noticed by Dugdale, nor is in any mention to be found in any of the printed of Sum. BARONIA ANGLICA CONCENTRATA. 445 baronetages of the family, of the name of AValter, at that period of time : but these baro- netages state, that Robert le Vavasor was in the wars of Scotland, and had summons to parliament the 7 Edw. II.* This leads to an inference that in the summons of that * ColUns, vol. year, the name of Walter is misprinted for Robert, in the writ ; which Robert was (as "'' ^' before mentioned) eldest son of William the baron. VERDON.— (22 Edw. I.) Bertram de Verdon, (probably so named from a town in France)," at the time of the general survey held Farnham Royal, from whom descended Nicholas de Verdon, who dying s.p.m., left Rohese his daughter and heir, which lady married Theobald le Boteler, but being a very great heiress retained her own name, which was continued by her posterity. She died circ. 1247, leaving John de Verdon her son and heir, who married, first, Margaret, daughter to Gilbert, and heir of Walter de Lacy, whereby the castle of Webbeley, in the county of Hereford, was brought into the family. His second wife was Alianore, daughter of , whom he left his widow at his decease the 2 Edw. I.f t Esch. n. 34. Theobald de Verdon, his son and heir, was present in the parliament of the 1 8 Edw. I., when an aid was granted for the marriage of the king's eldest daughter.^ In the 26 + Rot- Vaxl., Edw. I. he had summons equis et armis to Carlisle, by the designation of " Thebaud de Verdon le Peer" his son being in the same writ summoned as " Thebaud de Verdon le Fuiz" both being denominated barons. § as all then summoned were distinguished § Dugd. Lists by their respective ranks. In the 29 Edw. I. he was one of those, who though not summoned to the parliament at Lincoln, || affixed their seals to the letter to the pope, || Ibid, by the name of " Tlieobaldus de Verdon Domimts de Webbele." In the writs of the 22 and 23 Edw. I. he is written only Tlieobaldus de Verdon, but in the summons to the par- liament at London the 28 Edw. I. he has the additament of senior, his son Theobald by the additament of junior being summoned at the same time.^ In the writs of the 30, H Ibid. 32, 33, and 34 Edw. I. he is similarly distinguished, but in the 35 his name does not appear, that of Theobald junior being only mentioned. He died the 3 Edw. II., and was succeeded by Theobald his son and heir, John his eldest son having predeceased him long before, in Ireland, the 25 Edw. I. ;** which ** Orig. 25 Theobald de Verdon (as before noticed) was summoned to parliament in his father's jg. lifetime, and afterwards to the 9 Edw. II. as Tlieobaldus de Verdon. He was twice mar- ried, first to Maud, daughter of Edmund Mortimer, lord of Wigmore, and had issue by her three daughters, viz : Joane, who became the wife of Thomas, son of Thomas lord Fur- nival ; Elizabeth, who married Bartholomew de Burghersh ; and Margery, who married, » Verdon, or Verdun, during the late war, was the place where the British prisoners were confined. 446 BAKONIA ANGLICA CONCENTRATA. * Vide Blount first, William le Blount,* secondly, Mark Hussey, and thirdly, John Crophul.t His t Vide Crop- second wife was Elizabeth, daughter of Gilbert de Clare, earl of Gloucester, (by Joan of , vo . u. A.cres his wife, daughter of king Edw. I.) and widow of John de Burgh, son of Richard, + Hornby on earl of Ulster,J l)y whom he had a posthumous daughter Isabel, who married Henry lord Dugd. Errors, pej-rers of Groby.^ He died circ. the 10 Edw. II., leaving the said Elizabeth de Clare I Vide surviving, who afterwards married Roger D'Amory.§ He had two sons, John and Wil- '"*"^' Ham, who both predeceased him s.p., and thus not having any surviving male issue, his great inheritance fell to be divided among his daughters and coheirs, in whose represen- tatives the barony of Verdon is in abeyance. Jp'lliif 'l)E VeSCI.— (49 Hen. III.) Yvo DE Vesci married Alda, daughter and heir of William Tyson, lord of Alnwick, in the county of Northumberland, and in her right, at the time of the general survey, held very numerous lordships. He had issue an only daughter and heir Beatrix, who married Eustace Fitz John (nephew and heir of Serlo de Burgh, founder of Knaresborough cas- II Vide Banks' tie), and had issue a son William, who assumed his mother^s name of de Vesci,|| which Dorm. & Ex. William de Vesci married Burga, daughter of Robert de Estoteville (or StuteviUe), lord of Knaresborough, and had issue ^mi I Eustace de Vesci, one of the twenty -five celebrated barons appointed to enforce the observation of the famous Magna Charta of king John, formerly considered the palladium of British rights and liberties, but now existing only in the document which bears its name.'' He married Margaret, one of the natural daughters of William, king of Scotland, and had issue WiUiam, whose eldest son, John de Vesci, was one of the confederate barons under Simon de Montfort, earl of Leicester, and after their success at the battle of Lewes, was one of those summoned to % Dugd. Lists the parliament called by them in the king's name the 49 Hen. III.^ He died s.p., and was succeeded by his brother and heir William, which noVI bi< WILLIAM DE VESCI.— (23 Edw. I.) ** Ibid. William de Vesci was summoned to parliament the 23 Edw. I.,** but no more. He was one of the competitors for the crown of Scotland, with Bruce, Baliol, and others, under a Vide Pleas de Quo Warranto Coram. Rege, Anno 2 Edw. III., Rot. 128, pro lib' de Trim in Hibernia. — The daughters Elizabeth, Margery, and Isabel, under age, wherein is mentioned a daughter Catherine, unnoticed by Dugdale, or Sir Harris Nicolas. i9;ni;illJ b It is said that on the accession of George I., this charter was offered to be translated into German by a very distinguished nobleman for his majesty's information, but the king declined the offer, observing that he did not want to know anything about such obselete matters. BARONIA ANGLICA CONCENTRATA. 44? pretence of claim derived from his grandmother, Margaret daughter of William king of Scotland, whose right, had she been legitimate, would have been preferable to the pre- tensions of Bruce and Baliol, who deduced them from two daughters of David the younger brother of king William. This William de Vesci died the 25 Edw. I. without any law- ful issue surviving ; John his son and heir apparent having predeceased him, s.|p. But he had a bastard son William, in whose behalf he enfeoffed Anthony Beke, bishop of Durham, in the castle of Alnwick, together with other lands ; but the bishop is by his- torians said to have betrayed his trust, and to have sold Alnwick for a sum of ready money to William Percy, (ancestor to the earls of Northumberland) in whose family it thenceforth became vested, and is still retained. William de Vesci, the bastard, who was called William de Kildare, had summons to parliament the 6, 7? and 8 Edw. II., but was slain at the fatal battle of Bannocksboume, when dying s.p., this barony became extinct, and the lands, which for want of issue from him, were to revert to the right heirs of William his putative father, descended to Gilbert de Aton, viz: son and heir of William, son and heir of Gilbert, by Margery his wife, daughter and heir of Warine de Vesci, brother of Eustace, father of William, father of John and William de Vesci, which last William was the putative father of him the said bastard, who deceased s.p.* * Vide Aton, The family of Aton, though thus descended, did not acquire any right of parliamen- tary barony by virtue of any of the writs of summons to John, or either of the Williams de Vesci. WAHUL (WALTER)— 45 Hen. III. Of this family, which derived itself from Walter de Flanders, who came in with the Conqueror, and at the general survey held, among other manors and lordships in the counties of Bedford and Northampton, the manor of Wahul (subsequently called Wod- hull, or Odhull) in the former county, was Walter de Wahul, who had summons to that parliament called by the king^s writ to meet in London the 45 Hen. III.,t his grandson t Clans. Rot. m. 3, in Dois. THOMAS DE WAHUL.— (25 Edw. I.) Thomas de Wahul was summoned to pariiament the 25 Edw. 1.,% but never after, J Dug. Lists nor any of his posterity, which long continued in the male line of succession, till the time ° of Hen. VIII., when 448 BARONIA ANGLICA CONCENTRATA. Anthony Wahul, about the 33 Hen. VIII., died, leaving by Anne his wife, daughter of Sir John Smith, an only daughter and heiress Agnes Wahul, who married first, Rich- ard Chetwode ; and secondly. Sir George Calverly, knight, by whom she had two sons, who died before her. She died the 18 of queen Elizabeth, leaving Richard Chetwode (afterwards Sir Richard) her son and heir, who temp. James I. preferred a claim to the barony of Wahul, when his petition was referred to a committee * Vide Banks' of lords,* who reported, viz : " According to your Majesty's direction we have met and B^™vd. i.'p. considered the petition of Sir Richard Chetwode, and find that the petition is true ; and *^^- that before any usual caUing of barons by writ, his ancestors were barons in their own right, and were summoned to serve the kings in their wars with other barons, and were also summoned to parliament : and we conceive the discontinuance to have risen from the lords of the honor dying at one year of age, and the troubles of the time ensuing ; but still the title of baron was allowed in all the reigns by conveyance of their estates, and by pardon of alienation from the crown, by the king's own o&icers, and £9 per an- num, being the ancient fee for the castle guard of Rockingham, was constantly paid, and is paid to this day ; so that though there has been a disuse, yet the right so fully appear- ing, which cannot die, we have not seen, nor heard of any one so much to be regarded in grace, and in consideration of so many knight's fees, held from the very time of the Con- quest, and by him held at this day, and a pedigree both on the father and mother's side, proved by authentic records from the time of the Conquest, (which in such cases are very rare) we hold him worthy the honour of a baron, if your Majesty thinks meet." (Signed) LENOX, HOWARD, NOTTINGHAM. It does not appear that this report of the lord's commissioners was any decision of right, but a recommendation for grace to be shown by his majesty to the petitioner, who is said to have been ofiered a patent for the said barony, but refused it, as considering it a derogation to his claim. From the time of the said report till lately, no further proceedings were had thereon; but some time since the claim has been revived by Jonathan Chetwode, esq., of Wood- brook, son of Valentine Knightley Chetwode, by Henrietta Maria, daughter of Sir Jona- than Cope, hart., aunt of the late Arabella, duchess of Dorset, and countess Whitworth; which Valentine was grandson of John, grandson of Richard Chetwode, by Anne his wife, daughter and coheir of Sir Valentine Knightly ; which Richard was son of Sir Richard Chetwode, the petitioner, temp. James I. In the Morning Herald of the I7th of May, 1832, it was thus announced, viz: — "The Attorney-general, pursuant to an order of reference on the clam of Jonathan Chet- wode, of Woodbrook, esq., has reported the claimant to be lineal and sole heir of the BARONIA ANGLICA CONCENTRATA. 449 barons Wahul, who were summoned to parliament among the most ancient barons of the realm." WAKE.— (23 Edw. I.) According to Mr. Camden, and many other authors, and Mr. Collins,* in his Baronet- * Vol. ii. p. 465 age, this family was of eminent degree at, or even before the conquest ; but as so abstruse a genealogy is not important to be here entered into, it may be sufficient merely to say, that John Wake was first summoned to parliament the 23 Edw. I., and in the 26 had summons to Carlisle equis et armis, being in the writ styled a baron ;t all then summoned f Dugd. Lists being designated by their respective ranks. He had summons to parliament from the °' ^"™'"- 23 to the 28 Edw. I., about which time he died, leaving Joane his wife surviving, and John Wake his son and heir, who was never summoned, but did not live long, so that (as Dugdale says {) Thomas, his brother, became heir to the estate and honour ; which i Baron., vol. Thomas Wake was a person of considerable note in the reigns of Edw. II. and III., '"' '*' and had summons to parhament from the 11 Edw. II. to the 23 Edw. III., inclusive ; in the first reign as " Thomas Wake ;" but in the latter, from the 5 to the 23, as " Thomas Wake de Lydell" during when he was several times a Trier of Petitions.^ He married § Rot. Pari. Blanch, daughter of Henry, earl of Lancaster ; but deceased 23 Edw. III., s. p., leaving Margaret his sister, widow of Edmund of Woodstock, earl of Kent, his next heir, aged forty; 11 which 11 Dagd. Bar. •' ' , . . vol. i., p. 541. Margaret, dowager countess of Kent, performing her fealty, had livery of the lands of his great estate accordingly, saving the dower of | Blanch, his widow, surviving. This Margaret, by the earl of Kent, had two sons, Edmund and John, successively earls, who both died s.p.; and a daughter, Joan Plantagenet, heir to her brothers, and for her admirable beauty called " ^Ae Fair Maid of Kent." She married, first, William de Montacute, earl of Salisbury ;1 but u Vide Mon- from him was divorced ;" she married, secondly. Sir Thomas Holland, and had issue,** ** vide and surviving him, retained so much beauty as to captivate Prince Edward of Wales, Holland, (surnamed the Black Prince), and by him was mother of the iU-fated monarch, king Richard II., in whose reign she died, and was buried in the Friers Minors, at Stamford. WELLES.— (27 Edw. I.) Adam de Welles, of a very ancient family — of which Camden says*t a Richard de *.(. q^^^ g^jj Welles held the manor of Welles, in the county of Lincoln, ever since the conquest, by P- ^8. > Said to be on account of precontract to Holland . VOL. I. H hh 450 BARONIA ANGLICA CONCENTRATA, the service of being Baker to the King — had summons to parliament from the 27 Edw. * Vide Coron. I. to the 4 Edw. II., inclusive, and was summoned to the coronation of that king.* The 26 Edw. I. he had summons to Carlisle equis et armis, and was named in the writ as a baron, all then summoned being therein designated by their respective ranks of nobi- lity. In the 29 Edw. I. he was one of those who in the parliament at Lincoln affixed their seals to the famous letter to the pope, by the designation of "Adam Dominus de tKsch. 5Edw. Welle." He deceased circ. 4 Edw. II.,t being seised of the manor of Welle, in the ' ' ' county of Lincoln, leaving Joane his wife surviving, who was daughter of John, son and t MS. Ped. heir of Oliver Engaine, of Grainsby, in the county of Lincoln ;J and ♦^ioh"no36 Robert de Welles, his son and heir, who deceased the 14 Edw. II., s. p.,§ never having had summons to parliament, and was succeeded by Adam de Welles, his brother and heir, as Dugdale states,* then under age, who, after attaining his majority, had livery of his lands, and served in the wars of Scotland and France, and had summons to parliament from the 6 to the 17 Edw. III., inclusive, and died the 19th of the same reign, leaving John his son and heir, who had summons the 31 and 34 Edw. III., and died the liext year, when he was succeeded by ^ John his son and heir, then in minority, who coming at age, became very eminent for his valour, and distinguished for a memorable encounter with David, earl of Craw- ford, a Scotch nobleman. He had summons to parliament from the 49 Edw. III. to the 8 Hen. V., inclusive ; and shortly after deceased, though his name is continued in the H Dngd. Lists lists of summons || to the 7 Hen. VI., leaving Leo,*" his grandson and heir, (son of Eudo, of Snmin. j^j^ eldest son, who died in his Ufetime ;°) which Leo lord Welles, making proof of his majority the 6 Hen, VI., had livery of his lands — his homage being respited. He was lieutenant of Ireland for seven years, and had summons to parliament from the 10 to the 38 Hen. VI. ; but was slain at the battle of Towton, and buried in Waterton Chapel, at Methley, in the county of York. Being attainted by Edw. IV., his barony became forfeited."* He was twice married ; first to * Vide Originalia 20 Edw. II., Rot. 4. — Son and heir, R' cepit homag' Ade de Welle fil. & hier. Rpb'ti de Welle def. de om'bus tri's &c., man'at &c. .,, kqif ^ Many instances are to be found in Dugdale of writs of summons being directed to persons long after their decease ; of which, those to Maurice lord Berkeley, for twelve years after his decease, form a particular one. This continuance might arise from ignorance of their decease, particularly if the next heir was a minor ; as in the case of this grandson. ^ This Eudo had also a son Sir William Welles, who was lord chancellor of Ireland, 8 July, 1461. He had issue several children. — Vide Lodge's Peerage of Ireland. d It may be considered that his attainder would not be now deemed operative against his heirs general, as he was then by his allegiance serving the king de facto. — Vide the subsequent Act of Parliament of the 1 1 Hen. VII. on this point. BARONIA ANGLICA OONCENTBATA. 451 Joane, (or Jane,) daughter of Sir Robert, and sister and heir (or coheir) to her brother Sir Robert Waterton, jun. ; by whom he had Sir Richard Welles, his son and heir, and four daughters. His second wife was Margaret, widow* of John Beaufort, duke of * Vide Beau- Somerset, by whom he had John viscount Welles, hereafter mentioned. Bletahoe. Sir Richard Welles, his son and heir, having married Joan, daughter and heir of Robert, sixth lord Willoughby, of Eresby, had summons to parliament by that title,t the + Dugd- LisU ^ of Summ. 33 and 38 Hen. VI., in his father's lifetime; and afterwards in the 1, 6, and 9 Edw. IV.; and had restitution of the manor of Welles, and divers others,! and was- restored in t Rot. Pari. 7 blood.§ But the 9 Edw. IV. his son Sir Robert Welles being in arms with the earl of ^I. v., p! 618.' Warwick for the restoration of king Henry, the king sent for this Richard (bearing then t if^ir^^'coi also the title of lord Welles) to command his son Robert to lay down his arms ; which, having attempted in vain, king Edward grew so enraged, that — contrary to his promise of safety — he caused him to be beheaded : whereupon. Sir Robert Welles, in revenge for the barbarous execution of his father, without waiting the coming up of the earl of War- wick, engaged the royal army, but was defeated, taken prisoner, and beheaded. Richard lord Welles and Willoughby, and his son Sir Robert, being thus dead, Joan, the daughter of lord Richard, and sister to Sir Robert, became heir general to her father and brother. She was then married to Richard, brother to William lord Hastings, which HASTINGS LORD WELLES. Richard Hastings had so much favour from king Edward, that he obtained a special livery of divers manors, lands, &c., whereof the father and brother of his wife had been possessed, II and moreover had summons to parliament the 22 Edw. IV. and 1 Richard p Rot. Pari. III., as " Ricardtis Hastings de Welles Ch'v'r, but was never summoned after, thoush it ^^,^^"- ^J-' '6 vol. Tl., p. 148. appears by his will, dated 18 March, the 18 Hen. VII., he lived some years. At his death he was buried in the Grey Friers at London, along with Joan his wife, where is the following entry, viz : " lyn's Ric, Hastyng Ifni de Wyllybi et de Welle, qui ob. Sept. 1503, et jyna Joha' ux. sui. que ob Marcii " The said Richard, and Joan his wife, had issue a son Anthony, their only child, who died in their lifetime s.p. ; as such, upon their decease without surviving issue, the barony created by the writs of summons of the 22 Edw. IV. and 1 Richard III. may be considered to have become extinct, as one de novo, the attainders of Richard lord Welles and Sir Robert, the father and brother of Joan Hastings, not having been at that time reversed. But if it be deemed a continuation of the old barony of Welles, then whatever right there might be thereto, devolved upon the two daughters and coheirs of John vis- count Welles, if then living, their father having died in the lifetime of Richard Hastings and Joan his wife. 452 BABONIA ANGLICA CONCENTBATA. JOHN VISCOUNT WELLES. This John Welles was only son of Leo lord Welles, by Margaret, dowager duchess of Somerset, his second wife. Espousing the cause of Henry VIL against king Richard, he was, after the accession of king Henry, created viscount Welles, and though the date of his creation does not appear, he had summons to parliament by that title in the * Dugd. Lists 3, 7j llj and 12 Hen. VII.* He married Cecily, daughter of king Edw. IV., and is said tSai^Geneai *° iistve had issue two daughters, Anne who died an infant, and Elizabeth who died s.p.f He died the 14 Hen. VII., when his viscounty became extinct. The issue which continued in descent from Leo lord Welles was from his four daugh- ters by Joan (or Jane) Waterton, his first wife : of these, EUinor (or Alianor) married, first, Sir Thomas Laurence, and secondly, Thomas lord Hoo and Hastings ; Margaret, Sir Thomas Dymoke ; Cecily, Sir Robert Willoughby ; and Catherine who married, first. Sir Thomas de la Launde, and had issue two daughters and coheirs, viz : Joan, who mar- ried William Denton, esq., and had a son John ; and Margaret, who married Thomas I Harl. MS.n. Berkeley, esq., and had two sons, WiUiam and Maurice : f the second wife of Catherine § Voi vi p Welles was Robert Tempest. It would however seem that EUinor had a former husband 544- before the lord Hoo, of the name of Laurence, for according to the Rolls of Parliament,§ William lord Willoughby of Eresby, Sir Robert Dymoke, Thomas Laurence, and Cathe- rine, daughter of Leo lord Welles, then wife of Robert Tempest, were in the 19 of Hen. VII. found the Heirs of Leo Lord Welles, and of Richard and Robert Welles. Of these persons the representatives are the marquess of Cholmondeley, and lord Willoughby of Eresby, from Cecily ; the representatives of Robert Heywood, from Mar- II Vide Banks's garet, the wife of Sir Thomas Dymoke, if any exist, || if not, then the representatives of Hist, of Mar- ^^ sisters and coheirs of Champion Lewis Dymoke, who died in 1760, s. p. 1. ; the issue 1[ V ie Hop- of Thomas Laurence, if any exist,^ if not, the issue from the daughters and coheirs of kinson's MSS. Thomas lord Hoo, hereafter mentioned ; the issue of William Denton, and of Thomas vol. u.,n.378, & Fosb. Giouc. Berkeley, from Joan and Margaret, the daughters and coheirs of Catherine Welles, by ""''"' ' her first husband Sir Thomas de la Launde. The lord Hoo and Hastings, who married EUinor, daughter of Leo lord WeUes, (reUct of Sir Thomas Laurence) had issue three daughters, and coheirs to their mother, viz : Eleanor, who married Sir James Carew, of Bedington, in the county of Surry ; Jane, who married Sir Roger Copley, now represented by Sir Joseph WiUiam Copley, of Sprotborough, in the county of York; and Elizabeth, who married Sir John Devenish, of Hellingley, in the county of Sussex, of whom (by a coheiress general, Elizabeth, mar- ried to Henry Walrond, of Sea, esq.) Bethel Walrond, of Dulford House, in the county of Devon, esq., claims to be the heir representative, but is counterclaimed by Samuel BARONIA ANGLICA CONCENTBATA. 453 Barwick Bruce, of Ripon, in the county of York, esq., M. D., as descended of an elder branch of the Walronds; but Salmon, in his History of Hertfordshire,* asserts that Elli- * P- 152. nor Hoo first married Thomas Echingham, and that Elizabeth Hoo first married Thomas Massingberd, of London. It is saidt Mr. Bethel Walrond presented a petition to his Majesty in 1832, and t Burke's obtained an order of reference to the Attorney General, but no proceedings seem to have o^^o"^''- followed the Attorney General's report, if any was ever made. WENLOK.— (1 Edw. IV.) John Wenlok had summons to parliament the 1, 2, 6, and 9 Edw. IV., as "Johanni Wenlok de Wenlok Militi," but his name is inserted by DugdaleJ among those who were J Baronage, created by patent ; and he does not allude to how he was created, merely observing that the Record calls him Lord Wenlok, and that he died the 11 Edw. IV. without wife or issue. Under this statement it matters not whether he was created by patent or by writ, as the barony expired with him. But Mr. Lysons, in his Magna Britannia,§ mentions § vol. i. his wife to have been Elizabeth, daughter and coheir of Sir John Drayton, and that she was buried in the Wenlok chapel at Luton Hoo, in the county of Bedford. Lord Wen- lok was interred at Tewksbury. The family of Lawley appears to have been his heir general. II H videCoU. Bart. WENTWORTH.— (21 Hen. VIII.) Thomas, son of Sir Richard Wentworth, of Nettlested, in the county of Suffolk, was first admitted into the parliament chamber the 21 Hen. VIII.,^ and continued after to H Dugd. Uats be summoned till his death, the 3 Edw. VI. He married Margaret, daughter of Sir Adrian Fortescue, by Anne his wife, daughter and coheir of Sir William Stonor, by Anne his wife, one of the daughters and coheirs of John Neville, marquess of Montagu,** and ** Vide Mon- had a very numerous issue, of which, Thomas, the eldest son, was the next baron, and had summons to parliament from the 3 Edw. VI. to the 31 queen Elizabeth, and died the 33 of the same reign. He was governor of Calais in the time of queen Mary, when that important place was recon- quered by the French. The loss of this celebrated town which had been so long in pos- session of the English led to an accusation against him of cowardice, on which charge he 4S4 BARONIA ANGLICA CONCENTRATA. was brought to trial by his peers, but was very honourably acquitted. His eldest son having died in his lifetime, s. p., he was succeeded by Henry, his second son, third baron, who had summons the 35 Elizabeth, and died the next year, leaving * Dugd. Bar., - Thomas his son and heir, who, the 8 James I., was created* lord Wentworth of Tom.Ui.p.310. Nettlested, in the county of York; and the 1 Charles I. was advanced to the title of earl of Cleveland. During the civil war he courageously and loyally adhered to his sovereign, and lived to see the restoration ; after when he died in 1667 at the advanced age of t Paroch.Reg. seventy-six, and was buried at Toddington, in the county of Bedford.f Dying without surviving issue male, the earldom of Cleveland became extinct ; but Thomas his son and heir apparent, who in his lifetime had been summoned to parliament as lord Went- t Dugd. Lists worth t the 15 Charles I.§ having predeceased him, left issue an only daughter and heiress, 5*^Journ Dom Henrietta Maria, who on her grandfather's death became his successor in the barony of Proc. 1640. Wentworth, which Henrietta Maria, at the coronation of James II., walked in the procession as ■,).j 1 n. baroness Wentworth. The reciprocal attachment between the duke of Monmouth and her was of the most tender nature. On the scaffold he vindicated her honour, admitting that they lived together as man and wife, and refusing to acknowledge to the divines who attended his execution, that he was lawfully married to any other wife, the mar- riage with his duchess having been made when he was not of lawful age to give his con- sent. Lady Wentworth only survived his execution a few months, dying as it is said of II Paroch.Reg. grief at his untimely end. She died 23 April, 1686, and was buried at Toddington.|| By the duke of Monmouth she had a son, aged two years at her decease, who was taken un- der the care of a colonel Smyth, wlio had been an aid-de-camp to the duke, which wor- thy gentleman brought him up as his own child, and upon his decease left him his property, and he assumed the name of his foster father and benefactor. He married Maria Julia Dalziel, granddaughter of general James Crofts, natural son of the duke of Monmouth, by Eleanor, daughter of Sir Robert Needham of Lambeth : by her he had a son Ferdinand Smyth, who afterwards took the name of Stuart, whose services and losses as an active loyalist in the American war, were long a subject of vain memorial for compensation to the lords of the Treasury, like too many others which have not an ade- 11 MS. Case, quate influence to support them.^ He was a man of talent, energy, and enterprise, pen. uc . .jyhose birth and military brave conduct in an arduous warfare, entitled him to a better recompense, and more notice, than he experienced at the hands of that government he had served with so much zeal and honour. Upon the death of lady Henrietta Maria Wentworth without legitimate issue the barony of Wentworth devolved upon her aunt, , BARONIA ANGLICA CONCENTRATA. 455 LOVELACE BARONESS WENTWORTH. Anne, sister to her father Thomas, which Anne married John lord Lovelace, and had issue a son John, who died in her Hfetime, anno 169.3, having had issue a son John, who died young, vita patris, and three daughters, whereof Anne and Catherine both died un- married in the hfetime of their grandmother, and Martha alone survived, who on the death of her said grandmother in 1697, became entitled to the barony. This JOHNSON BARONESS WENTWORTH. Martha Lady Wentworth married Sir Henry Johnson, of Bradenham, in the county of Buckingham, knight, a rich ship builder, who died s.p., in her lifetime, 29 Sept., 1719. She claimed, and was allowed the barony by descent, in 1702 ;* and at the coronation * Journ.Dom. of queen Anne, walked in the procession as baroness Wentworth. Upon her death in 1745, s.p., the barony became vested in the descendants of Sir William Noel, of Kirkby Malory, in the county of Leicester, bart., by Margaret his wife, eldest daughter of John lord Lovelace, and Anne his wife, daughter of Thomas, earl of Cleveland, and sister to Thomas lord Wentworth, father of lady Henrietta Maria, baroness Wentworth, before mentioned. NOEL BARON & VISCOUNT WENTWORTH. Sir Edward Noel, great-grandson and heir of the said Sir William and Margaret Wentworth his wife, thus succeeded to the barony, and in 1762 was created viscount Wentworth, of Wellesborough, in the county of Leicester. He died in 1774, having had issue Thomas, his successor, and three daughters, viz : Judith, who married Sir Ralph Milbank, bart.; Ehzabeth, who married John Bland Burgess, esq., s.p.; and Sophia Su- sanna, who married Nathaniel Curson, son and heir apparent of lord Scarsdale. Thomas, second Noel, baron and viscount Wentworth, married, but died s. p., in 1815, when the viscounty became extinct; and the barony fell into abeyance between his eldest sister, Judith lady Milbank, and his nephew, Nathaniel Curson, son of his youngest sister, Sophia Susanna. The abeyance has since been determined, as may be seen in Lodge's Peerage, and: other, the minor printed peerages of the d^y. 456 BARONIA ANGLICA CONCENTRATA. WEST.— (16 Edw. III.) Thomas West had summons to a great council to be holden at Westminster the 16 * Dugd. Lists Edw. III., which was afterwards prorogued ;* and his name does not appear in any of of Summ. j.jjg subsequent writs of the same year ; but it seems he died shortly after. Thomas, his son and heir, was never summoned. His son and heir, another Thomas West had summons the 3 and 5 Hen. IV., (1404.) He married Joan, daughter, and eventually heiress of Roger, baron De la Warr, and died in 1405, leaving a t Vide St. son Thomas, who married Ida, daughter and coheir of Almaric, baron St. Amand,t but Amand. ^^^ never summoned to parliament, and died s.p., leaving Reginald West, his brother and heir, who had summons to parliament as baron De le Warre, jure matris, from which period the baronies of West and De la Warre became t Vide De la coalesced in the same descent ;t and as Sir Harris Nicolas, in his Synopsis,§ observes, are % Vol.ii. P.G85 **"*" vested in the descendants and representatives of Sir Owen West, half brother ofTTiomas West, ninth baron De la Warr. WHARTON.— (36 Hen. VIII.) Sir Thomas Wharton, descended from a very ancient family, which is supposed to have taken its name from a lordship so called in the county of Westmorland, having dis- tinguished himself in the wars of Scotland, was summoned to parliament the 36 Hen. II Dugd. Lists VIII., and from thence to the 8 queen Elizabeth,|| by writ directed " Thotnce Domino of Summ. Wharton Ch'l'r." He died circ. 10 queen Elizabeth, and was succeeded by his son and heir Thomas, second lord Wharton, who had summons the 13 and 14 Elizabeth, 1572, in which year he deceased, leaving Philip his son and heir, third baron, who had summons from the 23 Elizabeth to the 1 Charles I., about which time he died. By Frances his wife, daughter of Henry Clifford, earl of Cumberland, he had two sons. Sir George and Sir Thomas ; of these Sir George, the eldest, was slain in a duel with James Stuart (son of the first lord Blan- tyre) who was also killed, and they were both buried in one grave at Islington, in the f Paroch.Eeg. county of Middlesex, 10 November, 1609.1 Sir Thomas the second son, died likewise in the lifetime of his father, anno 1623, leaving issue two sons, Phihp and Thomas, whereof Philip, the eldest, succeeded his grandfather as fourth lord Wharton, and had sum- ton notes. "' mons to parliament from the 15 Car. I. to the 1 Jac. II., and died in February 1695-6.** BARONIA ANGLICA CONCENTRATA. 457 He was thrice married, first to Elizabeth, daughter of Sir Rowland Wandesford, by whom he had a daughter Elizabeth, who married Robert Bertie, third earl of Lindsey ; his se- cond wife, who died 23 April, 1658, was Jane, daughter and heir of Arthur Goodwin, of Winchendon, in the county of Buckingham, esq., by whom he had Thomas his successor, Arthur, baptized* 2 June, 1641, buried 15 March following, and Goodwin, born the 8th * Wobume, and baptized the 28 March, 1652, who died in 1704, leaving a son Hezekiah, who died s. p.t in 17II5 also it is said a son Henry, who died at Dundalk, in Ireland, a colonel in t Vide Whar- the duke of Scomberg's army," and four daughters hereafter mentioned ; his third wife was °° ° *' Anne, daughter of William Carr, Groom of the Bedchamber to king Jac. I, and widow of Edward Popham, esq., by whom he had a son William, who was killed in a duel with Mr. Wolsey, and died 14 December, 1687, aged twenty-six, unmarried. Thomas, eldest son, fifth lord Wharton, was by queen Anne, in 1 706, created vis- count Winchendon, and earl of Wharton, and in 1714, by king George I., was further advanced to the dignity of marquess of Wharton, as also created a peer of Ireland,J by j Beatson, the title of baron of Trim, earl of Rathfarnam, and marquess of Catherlough : but these ° ' ° "^^ honours he did not long enjoy, dying shortly after, in 1715. He was twice married, first to Anne, daughter and coheir of Sir Henry Lee, of Ditchley, in the county of Oxford, but had not any issue by her ; secondly to Lucy, daughter of Adam Loftus lord Lis- burne (in Ireland), by whom he had issue two daughters, Jane and Lucy, and a son Philip his successor in all his honours, who was still further advanced in dignity, being by George I., in 1717) created duke of Wliarton. But notwithstanding all the favours he received from the king, this extraordinary man, of the most commanding talents, having wasted a great estate, turned papist, acted for the Pretender, was a volun- teer in the Spanish army, before Gibralter, in 1727? then retiring into a monastery, died there s.p., in 1731. He was twice married, first to Martha, daughter of major-general Holmes ; and secondly to Maria Teresa O'Neale, but not having issue by either lady, his two sisters became his heirs ; of these, lady Jane married first, John Holt, esq. ; and secondly Robert Coke, esq., brother to Thomas, earl of Leicester, but died s.p. Lady Lucy married Sir William Morice, from whom she was divorced, and died at Bath, in Feb. 1738-9. Tlie issue of these ladies thus failing, the aunts of duke Philip (the daughters of Philip, fourth baron Wharton) or their heirs representative became the coheirs gene- ral to the barony of Wharton, aU the other titles of the duke becoming extinct for de- fault of male issue : but as the duke was attainted, and his attainder never reversed, it may be considered that the barony being affected thereby, now remains in the crown a for- feited honour, though capable by reversal of being restored in behalf of either of these coheirs, whereof » In the reign of James II., when Tyrconnel was governor of Ireland, it is related of him, that he assumed the habit of a player, and sung before the king in the playhouse, the famous party song of " Lillibullero." VOL. I. I ii 458 BARONIA ANGLICA CONCENTRATA. Elizabeth, daughter of Philip fourth lord Wharton, by his first wife, married Robert Bertie, third earl of Lindsey, and is now represented by the marquess of Cholmondeley, and lord Willoughby of Eresby. ff Anne, daughter of the same lord Phihp by his second wife, married William Carr, esq., who died the I7th of June 1689, and she the 26th of May preceding. * Vide Whar- Margaret married major Dunch, and had issue,* Wharton Dunch, who died unmar- ried in 1705 ; Jane who married Francis Keck, of Tew, in the county of Oxford, esq., who died the 29th of September, 1728, and was buried at Blunsdon in the county of Wilts, where she who died before him was also buried ; and Margaret Dunch, who died in 1690, aged sixteen. The said Margaret Wharton, after the death of major Dunch, is said to have married Sir Thomas Sulyard, of Berbey Abbey, in Kent, and to have had a daughter Philadelphia, who died unmarried in 17^1; her third husband was William lord Ross, s.p. Mary Wharton married, first, Edward Thomas, of Ruperra, in the county of Gla- morgan, esq., and had issue a son Sir Edward, of Ruperra, knight, who died s.p., in 1692-3, and a daughter Anne, who died unmarried before 1699 ; her second husband was Sir Charles Kemeys, bart., of Kever Mabley, in the county of Glamorgan, who died in 1703, now represented by Charles Kemeys Tynte, esq. Philadelphia Wharton married first. Sir George Lockhart, president of the court of session in Scotland, by whom she had issue ; and secondly captain John Ramsay, by whom she also had issue.* Wharton Notes. 1. — Philip, fourth lord Wharton, by will dated 1st February, and proved the 21st, anno 1695-6, gives a legacy to his second son Goodwin. 2. — Thomas, fifth lord, in his will 13th September, 1715, mentions his daughters Jane and Lucy, his niece, Margaret Ramsay, daughter of his sister, lady Lockhart, his nephews Anthony and John Keck, sons of Francis Keck, of Great Tew, in the county of Oxford, esq. 3. — Lucy lady Wharton, relict of the fifth lord, in her will, proved 20th February, I7I6-I7, names her daughters Jane and Lucy. 4. — Goodwin Wharton, by his will dated 30th September, 1704, proved 19th March following, gives his estate in the county of Cumberland to his son Hezekiah law- a The family of Wharton is capable of much more illustration than any printed peerages have given it ; but as all the titles limited to issue male, are absolutely extinct, and the barony under forfeiture, the present account may be deemed sufficient to show in whom the barony would otherwise be vested. BARONtA ANOLICA CONCENTRATA. 459 fully begotten. This will was disputed, but the 16th March, 1704-5, was established, and on the nineteenth administration was granted to the guardian of Hezekiah, calling him- self Wharton alias Knowles. 5. — Major Dunch, first husband of Margaret Wharton, by his will proved 4th March, 1679, appoints the honourable Thomas Wliarton, his wife's brother, trustee, and his dear wife Margaret sole executrix — names his two daughters and the child she was then big with. N.B. — this child appears to have been a son, Wharton Dunch, mentioned in a preceding account. '' 6. — Sir George Lockhart, first husband of Philadelphia Wharton (whose marriage settlement is dated the 2nd September, 1679, died circ. 1703, when administration was granted to George his son the 1 9th of November. 7. — June the 16th, 1688, administration of the effects of William, fourth son of Philip lord Wharton, was granted to his father. v 8. — Maria Teresa O'Neal, duchess of Wharton, and relict of duke Philip, by her will dated 23rd December, 1775, and proved 26th February, 1777? gives legacies to her kinswoman Mrs. Vickers, her niece Mrs. Eleanor O'Beirne, also gives the remainder of her fortune among Francis, Joseph, John, and Frances Magdalen, the four children of her deceased brother Cammerford, and appoints her nephews Francis and Hugh Ham- mersley, of Spring Gardens, esquires, executors. She was buried at St. Pancras, 20th February, 1777- " 9. — Lady Lucy Wharton, wife of Sir William Morice (but divorced) died 2nd Feb- ruary, 1738-9, and on the 2nd of March administration of her goods was granted to her sister lady Jane Coke. She was buried at Hammersmith, 11th February, 1738-9. 10. — The 20th February, 1728-9, administration of the goods of John Holt, esq., was granted to his widow lady Jane, formerly Wharton, and after married to Robert Coke, esq., at Hillingdon, in the county of Middlesex, 13 June, 1733. 11.- — Lady Jane Coke, by her will, dated 22nd September, 1757> and proved the 19th of January 1761, bequeaths her estate to Anna Maria Draycot, spinster of Clarges-street, Piccadilly, who afterwards married the earl of Pomfret ; buried at Sunbury. 12. — On the death of Hezekiah, son of Goodwin Wharton, administration, with will annexed, was granted the 7th of December 1 71 1, of his goods, to Elizabeth Lloyd, widow. SirGeorge Lockhart, of Camwath, N.B., ^Philadelphia, daughter of Philip, 4th Lord Wharton, President of the Court of Session. | died 3 July, 1722, buried at Chelsea. I ' George Lockhart, son and heir.^Euphemia, daughter of Alexander, Earl of Eglingtoun. 1. George, admitted coheirto Lady^. ... 2. Alexander, after Lord 3. Thomas, s. p. 5. William, s. p. Female Jane Coke in the manor of Colken- j ... . Corrington : Issue, three 4. James, s. p. 6. Philip, s. p. issue, nington, CO. Middx., 5 April, 1763 | sons and four daughters, tievuecs mihemu of u.e Dukp of Wharton, 1731 460 BARONIA ANGLICA CONCENTRATA. I.George, 2. James, a Count of the=f:. . . . 3. Charles Lockhart Mc Donald whose Clementina, mar. the Hon. obiit vita Empire and a General in I ... . grandson Sir Chas. Mc Donald Lockhart John Gordon, second son patris, s.p. the Imperial Service. | had a dau. Mary Jane Uv. 27 Apr. 1826. of the Earl of Aboyne. I ' 1 1 -T^ 1. Charles Count Lockhart, ob. s. p. 2. Teresa Lockhart.=pSir Charles Ross. 3. Matilda.-pAnthony Aufrere, Esq. Martha Ross.^^Sir Thomas Cochrane, K. B. _1 -r George Aufrere. Matilda Aufrere, mar. George Barclay, Esq. 1. Alexander Uundas Cockrane Ross Wishart Baillie. 1 2. Charles. 3. Maria. 1 4. Matilda. WILLIAMS OF THAME.— (1 Queen Mary.) * Baron. Tom. iii., p. 393. Sir John Williams of the same parentage (as Dugdale recites*) with Sir Richard Williams, who assumed the sirname of Cromwell, temp. Henry VIIL, was second son to Sir John Williams, of Burfield, in the county of Berks., by Elizabeth his wife, daughter and coheir to Richard More, of Burfield, esq. This Sir John having been made a knight by king Henry VIIL enjoyed many high employments and places during his reign, and in the 38 Henry VIIL was constituted treasurer of the court of augmentations. Upon the death of king Edward VI., he was among the first who appeared in arms for the suc- cession of queen Mary, by whom, in consideration of his services, he was solemnly created lord Williams of Thame, at her palace of St. James's, on the 5th of April, in the first year of her reign, having also his writ of summons to parliament, where he took his place tJourn. Dom. On the Same fifth day accordingly ,t his writ being directed " Johanni Williams de Thame, Proc. Ch'l'r." and in the 1 and 2 Philip and Maiy, similarly, with the addition of " Camerario I Dugd. Lists Hospitii."X In the reign of queen Elizabeth he was also in high favour, and having been summoned to ijarliament from the 1 to the 5 and 6 queen Mary, died the 1 queen Eliza- beth, at Ludlow, being then lord president of her council in the principality of Wales. He was twice married, first to Elizabeth, widow of Andrew Edmonds, of Cressing Temple, in the county of Essex, and daughter and coheir of Thomas Bledlow, by Eliza- beth his wife, one of the daughters and coheirs of Sir Humphrey Starkey, chief baron of the exchequer, by which EHzabeth, who died before him, in 1556, the 3 and 4 Philip and Mary, and was buried at Rycote, he had two sons, Henry, and Francis, who died in his lifetime, s.p., and two daughters, Isabel, and Margery. His second wife (who survived him) was Margery, daughter of Thomas lord Wentworth, but by her he had not any of Summ. issue. Dugdale has mentioned (as before observed) that lord Williams was solemnly created, and has inserted his name in that part of his Baronage which treats of creations by letters patent, but at the same time has stated, that no patent is enrolled, hence it is to be con- cluded that he was a baron by writ of summons ; and on the precedent of the lately BARONIA ANGLICA CONCENTRATA. 461 adjudged case of the barony of Vaux, of Harroden,* the barony on his decease without * Coram survivnng issue male, fell into abeyance between his two daughters and coheirs, Isabel and Margery (or Margaret), which latter married Henry Norris, and in the partition of the inheritance obtained the lordship of Rycote, in the county of Oxford, and in her moiety of the barony of Williams, of Thame, is represented by the earl of Abingdon, her heir general. Isabel the eldest daughter and coheir, had Thame, and married Sir Richard Wen- man, whose grandson Sir Richard, was knighted at the taking of Cadiz, temp, queen Elizabeth, and was afterwards by king Charles I., anno 1628, by letters patent, created baron Wenman of Kilmaynham, and viscount Wenman of Tuam, in the kingdom of Ireland.f In 1603, after the accession of James I. he is said to have presented a peti- + Beatson's tion to the king for the barony of Thame, conceiving that he had a right thereto by des- cent from his grandmother Isabel Wenman, but as it was not determined the title still remains dormant. He died and was buried at Twyford, in the county of Buckingham, in 1640, leaving Thomas his son and heir, second viscount Wenman, who married Margaret, daugh- ter and heir of Edmund Hampden, of Hartwell, in the county of Buckingham, by whom he had an only son Richard, who died in his lifetime in 1646, s.p., and six daughters, which on his decease in 1664 became his coheirs. Of these, Frances Wenman married Richard Samwell, of Upton, in the county of Northamp- ton, by whom she had a son Thomas, created a baronet in ] 675, and several daughters ; J j Vide Baron- Margaret and Agnes Wenman died young; Penelope married Thomas Cave, of Stamford, * '^^' in the county of Northampton, created a baronet in 1641 ;§ Elizabeth married Grevile § ibid. Verney, esq.; and Mary married Francis Wenman, of Caswel, esq., and died in 1657, aged twenty-four, having had issue four sons and a daughter Elizabeth. || Among the n Mon. Inscr- descendant representatives of these daughters of Thomas, second viscount Wenman, the ^^" ^^^^' moiety of Isabel, eldest daughter and coheir of John lord Williams, of Thame, is vested in abeyance. WILINTON, OR WYLINGTON.— (3 Edw. III.) John de Wilinton had summons to parliament the 3, 4, 10, 11, 12, and 13 Edw. III.,T^ to whom succeeded H Dugd. lists Ralph de WiUnton his son, who had summons the 16 Edw. III. to a.great council to be holden at Westminster, which was afterwards prorogued,** and his name is not ** Ibid, again mentioned in any subsequent writs of summons. Dugdale says*t he died the 22 *t Baron., vol. Edw. III., s.p., leaving Ralph de Wilinton his uncle and heir, aged fifty. In which res- '' pect the barony may be presumed to have become extinct. 462 BARONIA ANGLICA CONCBNTBATA. The 1 Richard II. a John de Wilinton is named among the peers present at the * Coron. Rot. coronation of that king.* The 20 Richard II., John, brother and heir of Ralph, son and heir of John de Wihnton, held the manor of Knighton, in the county of Dorset, and lands and manors in other counties, Isabel wife of William Beaumont, and John Wroth, junior, being his next heirs. In the 2 Hen. VI. Isabel, wife of William Beaumont, held Knighton, and other lands and manors in Wiltshire, Berkshire, &c. — Vide Lysons' Magna t Vol.i. Berks. Britannia,t citing Escheats 20 Richard II. and the 2 Hen. VI. WILLOUGHBY DE ERESBY.— (7 Edw. II.) t Baron, vol. SiB WiLLiAM DuGDALE, citing Glover, assertsj that William de Willoughby married "■' •'■ ■ Alice, daughter and coheir of John Bee, lord of Eresby, in the county of Lincoln, and had issue Robert, who the 4 Edw. II. was found heir to Anthony Bee, bishop of Durham, viz : son and heir of Alice, daughter of John, brother to that bishop, and then aged forty ; § Synopsis but Sir Harris Nicolas§ states that Robert Willoughby married the said Alice," which vol. u. p. 690. Robert Willoughby was summoned to parliament the 7 Edw. II. (1313), and died in 1316, leaving Margaret his wife, daughter of the lord Deincourt, surviving, and John de Willoughby his son and heir, who had summons from the 6 to the 23 II Vide vol. ii. Edw. III., in which year he died, having married Joane, one of the sisters and coheirs|| of Thomas de Roscelyn, and had issue John de Willoughby his son and heir, who had summons from the 24 to the 44 Edw. III., and died the 46th, leaving by Cecily his wife, daughter of Robert, and one of % Vide Suffolk the sisters and coheirs of W^illiam de Ufford, earl of Suffolk.^ Robert de Willoughby his eldest son and successor, a distinguished commander in the wars of France, he had summons from the 24 Edw. III. to the 18 Richard II., and died the 20th. In the 5 Richard II. he was found upon the death of William, earl of ** Dugd. Suffolk, to be one of his coheirs,** whereby he became entitled to a moiety of that earl- u."p° 84. *"" dom, which is considered to have been created by writ. He was thrice married. By his first wife, Alice Skipwith, he had a son William his successor ; and by Elizabeth, *t Ibid. another wife, widow of John Nevill lord Latimer,*t four sons, viz : Robert, who died young ; Thomas, ancestor of lord Willoughby de Broke ; John ; and Bryan.*" " Upon the presumption of the accuracy of that learned critic, Sir Harris Nicolas, the name of Robert Willoughby has under the article of Bee been given as the husband of Alice Bee, although differing from Dugdale and Collins, and from the former s'tatement of the Editor in the second volume of his Dormant and E.xtinct Baronage. '■ In Longmate's Supplement to Collins's Peerage he asserts all his issue to have been by his first wife Alice Skipwith, which is also so stated in a MS. pedigree of nobility by Henry St. George, who names his three wives, viz : first, Alice Skipwith, by whom he had his children; second, Margaret Zouchej third, Elizabeth Latimer. In this instance Dugdale was in error ; and the following of his statement as above, is merely to show the authority on which it is corrected. BABONIA ANGLICA CONCENTRATA. 463 William, fifth lord Willoughby, was summoned from the 20 Richard II. to the 11 Hen. IV., in which year he died, having Iiad issue by Lucy, daughter of Roger lord Strange, of Kuokyn, Robert his son and heir, and Thomas a second son, father of Robert Willoughby hereafter mentioned. i: Robert WOlouglibj"-, son and heir, sixth baron, had summons from the 12 Hen. IV. to the 29 Hen. VI., and died the year following. He married Maud, daughter and co- heir of Sir Richard Stanhope, by Maud his wife, sister and heir to Ralph the last lord Cromwell of Tatshall,* and by her left issue a sole daughter and heiress Joan,t who * Vide Crom- married Sir Richard Welles, son and heir apparent of Leo lord Welles, which f Pat. Rot. 31 Hen. VI., m. 2. WELLES LORD WILLOUGHBY. Sir Richard Welles, as before mentioned,! was summoned to parliament as lord t Vide Welles. Willoughby vita patris, and had issue a son Robert who died s.p., and a daughter Joan, heir to her brother, who married Richard Hastings, summoned to parliament as lord Welles, and had a son Anthony who died vita patris, s.p., whereby, all issue of Sir Rich- ard Welles lord Willoughby having failed, the barony of Willoughby reverted to the next heir, in the person of William Willoughby, which WILLOUGHBY REVIVED. William Willoughby was grandson of Robert Willoughby, son and heir of Thomas, uncle to the aforesaid Joan, wife of Sir Richard Welles, which Robert married Cecily, one of the daughters and eventually coheirs of Leo lord Welles, and thus rather singu- larly, by this alliance brought into his family a moiety of the barony of Welles, which family had before acquired the barony of WiUoughby. Tlie said Wilham Willoughby, the 19 Hen. VII., was found one of the coheirs of Leo lord Welles, as also of Sir Richard and Sir Robert Welles, and shared in the partition of their estates. § He had summons from the 1 to the 14 Hen. VIII., and died the l7th, leaving § Ibid, issue one sole daughter and heir Catherine, which BERTIE LORD WILLOUGHBY. Catherine Baroness Willoughby married, first, Charles Brandon, the famous duke of Suffolk, and had two sons who died at an early age, s. p. : her second husband II Vide Banks' was Robert Bertie, esq., by whom she had || Bar™ 464 BARONIA ANGLICA CONCENTRATA. Peregrine Bertie, her son and heir, who on the decease of his mother claimed, and was allowed the barony of WiUoughby, and had summons to parliament from the 23 to the 39 queen Elizabeth. He died circ. 1601, leaving Robert Bertie, his son and heir, who by the description of " Roberto Bertie Domino WiUoughby (de EresbyJ Ch'Pr" had summons to parliament from the 3 James I. to the 1 Charles I., after when, in 1626, he was created earl of Lindsey, and was, as such, intro- * Journ.Dom. duced into the House the 20 March, 1627.* From this period the barony became merged in the earldom, and so continued till Robert, his great-grandson, the fourth earl, was advanced to the dignity of duke of Ancaster, whose great-grandson Robert, the fourth duke, dying s. p., in 17795 the earldom and dukedom devolved upon the next heir male, and the barony of WiUoughby of Eresby fell into abeyance between his two sisters and coheirs, viz : Priscilla Barbara Elizabeth, who married Peter Burrell, esq. ; and Geor- giana Charlotte, who married George James, fourth earl of Cholmondeley, which BURRELL LORD WILLOUGHBY. Lady Priscilla Barbara Elizabeth Bertie in 1780 had the abeyance of the barony determined in her favour. Upon her death it descended to her son, the present baron WiUoughby of Eresby, and baron Gwyder in right of his father, who had been so created during the lifetime of his lady, the baroness ; with reference whereto the reader may find an account in the Peerage of the sagacious Mr. Burke, or in Lodge's more accu- rate and erudite edition. WILLOUGHBY DE BROKE.— (7 Hen. VIL) Thomas Willoughby, a younger son of Robert, fourth baron WiUoughby of Eresby, t VideLatimer married Ehzabeth, sister and coheir to John Neville lord Latimer ; t and from him des- cended Robert Willoughby, who the 7} H? and 12 Hen. VIL had summons to parliament by writ directed "Roberto Willoughby de Broke ChTr;"^ and died circ. 1 7 Hen. VIL, leaving Robert his son and heir, who had summons the 3 Hen. VIII., as "Roberto Willoughby de Brook Ch'Vr," in the 6th as " The Lord Brooke, Sir Robert Willoughby," and the 7th ' Dugdale, in his index to his Writs of Summons has omitted the name of this Robert, though he has recited it in the writs of the years above mentioned. Sir John Willoughby, his father, married Aiice, daughter and heir of Sir Edmund Cheney, of Brooke, (or Broke,) in the county of Wilts ; and he was sou of Sir John WiUoughby, by Joan, his wife, daughter of .... Welby ; which Sir John was son and heir of Thomas, by Elizabeth Latimer, his wife. — Robert was therefore great-grandson, and not grandson, as called by Dugdale and Sir Harris Nicolas. BARONIA ANGLICA CONCENTBATA. 465 as " Roberto Wllloughbij de Brooke Ch'l'r."* It was this lord who had the contest with * Dug. Lists Richard Nevil lord Latimer for the barony of Latimer, as noticed under that article.f fVideLatimer. He was twice married ; first to Elizabeth, eldest daughter and coheir of Richard lord Beauchamp de Powyke,J by whom he had Edward, his son and heir apparent, who t Vide Banks's predeceased him, leaving by Margaret his wife, daughter of Richard Nevil, three daugh- b^f., vol. iii. ters his coheirs, hereafter mentioned ; his second mfe was Dorothy, daughter of Tho- mas Grey, marquess of Dorset, by whom he had two sons, Henry and William, who died of the sweating sickness, s.p., and two daughters, viz., Elizabeth, who married John, son and heir apparent of William Paulet, first marquess of Winchester ; and Anne, who married Charles, son and heir apparent to William Blount lord Montjoy. Deceasing the 13 Hen. VIH., without surviving issue male, the barony fell into abeyance between the three daughters and coheirs of Edward, his eldest son, before named.*" Of which daughters, Elizabeth WiUoughby married Sir Fulke Greville ; Anne died young ; and Blanch became the wife of Francis, or Sir Francis Dawtrey, and died s.p. In 1695 the barony was claimed by and allowed to Sir Richard Verney, as eventually heir of the bodv of the said Elizabeth Willoughbv by her husband, Sir Fulke Greville. 5 § Journ. Dom. -r. ,•..,,. ,r 1 , . , , ■ ^ -1 P^c., 27 Feb. By this family of Verney, the barony is now possessed, as may be seen in the printed i695. peerages of the day. WINDSOR.— (5 Ric. II.) William de Windsobe, or Windsor, said to be descended from William Fitz Other, who at the time of the general survey held divers lordships, and being castellan of Wind- sor assumed that surname, married Alice Perers, or Piers, the notorious concubine of king Edward III., in his dotage, and had summons to parliament the 5, 6, and 7 Ric. IL, as "WiUielmo de Wyndesore," but never after. His name is omitted in Dugdale's index to his M^its of summons, though mentioned in the body of the writs for the aforesaid years. Whether he died s.p. seems controverted. Dugdale, in his Warwickshire, || states that \\ p. 435. his three daughters became his coheirs, of which Joane, the elder, married Robert Skeme, of Kingston-upon-Tliames, who in her right possessed Compton Murdac in that county, (Warwick), and in Collectanea Topographica et Genealogical it is also recited that he H Vol. iv., p. left three daughters coheirs, and that his lands were in Wilts, Kent, Somerset, and Dor- set ; but against this, Collins** asserts that he died the 15th of September, 8 Richard II., **Edit. 1768 leaving his three sisters his heirs, viz: Isabel, aged thirty-eight; Christian, wife of Sir b Vide Rot. Pari. 27 Hen. VIII., for settlement of the lands of lord Willonghby, act penes auctore. VOL. I. Kkk 466 BARONIA ANGLICA CONCENTRJiTA. •_E6ch. 8, William Morleux, aged thirty-four; and Margery, wife of John Duket, aged thirty-two;* moreover, that Joan was daughter of Alice Piers, by another husband. The parliament + y,? "'' ^°^^ of 17 Richard Il.f recite a petition from Joan, daughter of the said Alice Perers, alias Wyndesore, touching certain rights therein mentioned, as appertaining to her the said Joan. t Synopsis, It is Said by Sir Harris Nicolas,^ that the nuncupative will of lord Windsor, sup- ■ ■' ^' ■ ports the opinion that he died s.p. ; but Alice his widow in her testament, dated anno 1400, speaks of three daughters, Joan, Jane, and another daghter Joan, to the latter of which (whom she describes as her youngest) she gives her manor of Gaines in Upmin- i Vid.Morant, ster, county of Essex,§ and to her other daughters all her manors, which John Windsor, 'or others by his consent, had usurped. It is therefore very doubtful whether he died with or without lawful issue; and consequently whether the barony is extinct or dormant tti his descendants. WINDSOR OF STANWELL.— (21 Hen. VIII.) In Collins's Peerage is a very elaborate account of the origin of this ancient family ; but Dugdale not indulging in so long a detail, begins this branch with stating, that „{p Thomas de Windsor, only son and heir of Miles de Windsor, grandson of Bryan, who was grandson of Sir James, brother of Sir William, who had summons to parliament (as before mentioned) the 5 Ric. II., married Elizabeth, daughter and coheir of John Andrews, of Baylliam, in the county of Suffolk, esq.; and had issue c.^: Andreas (or Andrews) Windsor, who was summoned to parliament the 2 1 Hen. VIII., and being then introduced therein, paid the usual fee of twenty shillings, demanded by II Dugd. Lists the Garter King of Arms.|| He was also summoned in the 25 and 28 Hen. VIII., with the addition of "De Stanwell" to his name. He died circ. 35 Hen. VIII., having had issue by his wife, Elizabeth, sister and coheir to Edward Blount lord Montjoy, several fl Buried at sons, whereof George, the eldest, having predeceased him, s.p.,^ he was succeeded by Cha'd — William his second son, who according to Dugdale's Lists of Summons, was called WeeTer,p.529 jg parliament from the 31 to the 35 Hen. VIII., but as his father was not then dead, there appears to have been an error in the substitution of the name of William for thai of Andreas, or Andrews. He was afterwards summoned to the 6 Philip and Mary 1558, in which year he deceased, and was succeeded by'» a He had several other sons elder to Edward, all of which died in his lifetime; of these Thomas married Doro- thy,^ daughter of Thomas lord Dacre, and as appears by his Will dated in 1552 (6 Edw. VI.), is styled of Princes Ris- borough, in the county of Buckingham, and had a daughter Anne, who by Lysons, (Mag. Brit., vol. i., p. USSj, ia stated to have married Sir Henry Grey, which if so, and she had had any issue, such issue would have been entitled to the succession of the barony before Edward, her father's younger brotheril -.'iiciuii^sii JiOJ has ,i-u£jjil lo Uina^:, BARONIA ANGLICA CONCENTRATA. 46? Edward, his eldest surviving son and heir, who had summons from the 5 to the 18 of queen Elizabeth, and died abroad. By his will he directed that his body should be buried at Leige, and his heart at Bradenham, which was performed, and contained in an oval shaped leaden case, occupies a niche in the vault beneath the patron's chancel at Bradenham, and bears the following inscription, viz : " Herein is the heart of Edward lord Windsor who died at Spa, January 24, 1574." Frederick, his eldest son, was his successor, and had summons to parbament the 23 queen Elizabeth, and died the 28 Elizabeth, s.p., unmarried, when the barony de- volved upon. , morfwl Hotflw Henry his brother and heir,'' wlio was summoned from the 28 queen Elizabeth to , the 1 James I., and died in 1605, having had issue by Anne his wife, daughter and co- heir of Sir Thomas Rivet, of Chippenham, in the county of Cambridge, four sons and five daughters, whereof three only lived to maturity, Thomas his successor, and two daughters ; of which, Elizabeth, senior, married Dixie Hickman, esq., and Elizabeth, junior, married her cousin Andreas Windsor, esq.*** * Mon. Insc Thomas, only surviving son, sixth baron, is remarkable for the sumptuous entertain- ment he gave to the Grandees and Court of Spain, when, in 1623, he was sent rear-ad- miral of the fleet, to bring back prince Charles from that country. His equipage and expenses in that employment standing him in, at his own charge, no less than fifteen thou- sand pounds, a rare instance of munificence for the honour of his country, and certainly not followed at the present day, by those, who, appointed to such like offices, rather seek them for emolument than for national glory. Having been summoned to parliament from the 18 James I. to the 15 Charles I. he died soon after, in 1642, s.p., having settled his whole estate on his nephew Thomas Windsor Hickman, (which christian name he gave to him; ^t his babtismj uppn condition that he assumed the name and arms of -rjrr. i ■'■''-■-•'.-■ .') ■ .if 1 ,■,:... J. _., , , ^ ^ , . , , _ i lilt ^^BlJ .b^oO [} rJlAP |,9F/fl Collins (edition 1768) says she had not any issue by him, and married secondly, Sir James Warr, auditoi^ general of Ireland, and that descendants from her were still existing. , , „ . r, , ' , "'" » i ,bi«»b3 9io>3d ^ooi£d 3d) Jo noisBMODB adj oJ — .(aqsdO 468 BARONIA ANGLICA CONCENTRATA. parliament the 13, 31, and 32 Charles II., after when, in 1682, 34 Charles II., he was advanced to the dignity of earl of Plymouth. He died in 1687, and was succeeded by his grandson. Other Windsor, son and heir of his eldest son Other, who died vita patris, which Other, second earl, died in l727j leaving Other Windsor his son and heir, third earl, who deceased in 1732, and was suc- ceeded by his son and heir Other Windsor, fourth earl, who died in 1771? leaving his son and heir. Other Hickman Windsor, the fifth earl, who died in 1799, leaving by Sarah his wife, eldest daughter and coheir of Andrew the last lord Archer, a son Other Archer, his suc- cessor, and two daughters, viz : Maria, who married Arthur Hill, marquess of Down- shire ; and Harriot, who married the Honourable Robert Henry Clive, second son of Edward, earl of Powys, which Other Archer, sixth earl of Plymouth, dying in 183 — , s. p., the earldom devolved upon his uncle Andrew, as next heir male, but the barony of Windsor fell into abeyance between his two sisters before named. The earldom of Plymouth has however lately become extinct, as presumed for want of issue male ; but there is reason to believe that such issue male still exists in some in- dividual, though of very distant lineage. THOMAS WINDSOR.— (5 and 6 Philip and Mary.) The name of Thomas Windsor appears with that of William Windsor in the writ of * Dugd. Lists summons to parliament the 5 and 6 Philip and Mary ;* but Sir Harris Nicolas, in his of Summ. Synopsis, remarks that the insertion is probably an error by the person who transcribed t Synopsis, the lists from the roll ;t yet, as the name of WiUiam his brother has place in the same ▼ol. ii.,p. 701. ^^.jj. j^ ^ould seem that his name was not inserted erroneously. In the will of Andreas, the first baron, he mentions this Thomas as his fourth son, and gives legacies to his daughters Anne and Ursula, and in default of issue to Peter, Miles, and Andrews Windsor. This Thomas married Mary, daughter and heir of Thomas Bokenham, of Berkshire, esq, : Vol. iii., and had issue two daughters and three sons, but Collins saysj no issue is remaining from p. 71, Edition ^, 1768. them. WODESTOCK.— (14 Edw. II.) Edmund Plantagenet, youngest son of king Edw. I., had summons to parliament the 14 Edw. II., as "Edmund de Wodestok" but was not included in the next writ, being BARONIA ANGLICA CONCENTRATA. 469 then created earl of Kent, bv which title he was summoned the 15 Edw. II,* He mar- * ^^e- Lists , , of Sum. ried Margaret, sister and heir to Thomas lord Wake, but was attainted and his honours all forfeited. Edmund his son and heir was restored, and died in 1333, s.p., leaving John, his bro- ther and heir, who also died s.p. in 1352, when Joan his sister, became his heir, who, jure matris, was entitled to the barony of Wake,t as also to that of Wodestock, if any was t Vide Wake. created by virtue of the writ of the 14 Edw. II. This great heiress called from her beauty, "the Fair Maid of Kent," married Sir Thomas Holland, K.G.,]: and afterwards Edward t VideHoi- the Black Prince, by whom she was mother of king Richard II. ZOUCHE OF ASHBY.— (25 Edw. I.) The family of Zouche is represented by the heralds to be derived from the earls of Brit- tany, though as Dugdale observes,§ they do not aU deduce the line of descent in every § Baron., vol. point alike ; which, if these learned persons do not concord with each other, they then ' can have little reason to accuse modem authors for inaccuracy, who look to them for authority. Roger le Zouche, living in the time of king John, was father of Alan le Zouche, who married Elene, one of the daughters and coheirs of Roger de Quinci, earl of Winchester, and had issue Roger, his heir, and Eudo le Zouche, of Haryngworth, hereafter mentioned, which Roger died circ. 13 Edw. I., leaving Alan le Zouche, his son and heir, who had summons to parliament from the 25 Edw. I. to the 7 Edw. II. In the 26 Edw. I. he was summoned to Carlisle equis et armis, and in the writ was styled a baron, || those then summoned being all distinguished || Dug. Lists by their respective ranks. In the 29 Edw. I. he was one of those barons who subscribed the letter to the pope, being designated " Alanus le Zouche, Domirms de Ashby," and in the 1 Edw. II. had summons to his coronation.^! At his decease circ. 7 Edw. II., he 1 Vide writ in left three daughters his coheirs, whereof Elena (or Eleanor) married, first, Nicholas de St. Maur, and secondly, Alan de Charlton : Maud, Robert de Holland ; and Elizabeth, the youngest, was a nun at Brewode, in the county of Stafford. Thus, not having any issue male, his barony fell into abeyance, in which it still remains, among the descen- dants and representatives of his two daughters** Eleanor and Maud. ** Vide St. Maur & Hol- land. ZOUCHE OF HARYNGWORTH. EuDO LE Zouche, uncle of the before mentioned Alan, married Milicent, relict of Roger de Montalt according to Dugdale, but of John de Montalt according to Sir Harris 470 BARONIA ANGLICA CONCENTRATA. * Synopsis, Nicholas,* sister and coheir to George de Cantilupe, baron of Bergavennv, on the Bar- vol, ii., p. 709. . . . o J' r tition of whose lands lie obtained the manor of Haryngworth, in the county of North- ampton. The said Milicent deceasing circ. 27 Edw. I., her son and heir, William le Zouche, doing his homage, had livery of her inheritance, and had sum- f Dug. Lista mons to parliament from the 2 to the 17 Edw. II., as William le Zouche ;t but in that of Sum. ygg^^ j^j^j £j.Qjj^ thence to the 26 Edw. III., with the addition of "de Haryngworth." But it is to be noticed that in the writs of the 20th of November, 22 Edw. III., the 25th of November, the 24 Edw. III., and the 15th of November, the 25 Edw. III., the name X Ibid. of William le Zouche de Haryngworth has Junior added to it, J which seems to intimate that his son and not himself was summoned in those years ; but this is not of any im- portance with reference to the descent of the barony. He married Maud, daughter of John lord Lovel, of Tichmersh, and had issue a son Eudo, who predeceased him the 19 § Vide Inge. Edw. II.,* leaving by Joan his wife, daughter and eventually heiress of William Inge,§ a son William, heir and successor to his grandfather, which William le Zouche had smnmons till his death the 5 Richard II., when he was suc- ceeded by -iTzaK ni ,§niif aifJ hs\& /iovbI aid ni WiUiam le Zouche his son and heir, who was summoned from the 6 to the 18 Ric. II. ; and in the 15 Ric. II. was by some inquisitions found next heir to John de Hast- iiti ,bii ' ings, earl of Pembroke, viz: son and heir of William, son of Eudo, son of William, son ^", of Milicent, daughter and one of the heirs to William de Cantilupe, brother to Nicholas, father of William, father of Nicholas, father of William, father of another William who died s.p. His son and heir William le Zouche, fourth baron, had summons from the 20 Rick II. to the 2 Hen. v.; and dying the next year, was succeeded by another si aril ,biBwb3 \o William, the fifth baron, summoned from the 4 Hen. VI. to the 2 Edw. IV. He li Vide St. married Alice, daughter and heir of Richard o baron rSfeuMaJirylJ; and., jtberebywbffought that barony to be coalesced with Zouche. ■ t. .nditnom Y!>uo«iqrcf>3non jacm ju.t .yWEmhiisodi An^ William, his son and heir, was summoned to parliament the iS Edw. I\^.j aS *' ^j?^' IT Dug. Sum. Ham Zouche de Haringvmrth Ch'l'r.*^ But Sir Harris Nicolas states** that he wafe sum- „ni ii^^^'rin moned as "Baron St. Maur, jure matris" He died the following year, leaving ' ?'] vol. u., p. /lu. J J oj ^ o , ■>. Edward, the eleventh and last lord Zouche of Haryngworth, who had summons from the 1.3 queen Elizabeth to the 1 Charles I., 1625, when he died without issue male, leaving two daughters his coheirs: whereof, Elizabeth married^ WiUiara Tate, of De la Pre, in the county of Northampton, gent., (afterwards Sir William ;) and Mary, who married first Thomas Leighiton,. esq,, by. whom she .had issue;'' and secondly to William Connard, esq., s.p.vlmq nrfw ohrr.'if ana « Ptvegi bfid bnpi : From this period, 1625, the barony remained in abeyance until Sir Cecil Bishop, bart., descended through the family of Hedges, from Elizabeth Zouche, wife of William Tate, preferred a claim, which, after much delay, difficulty, and discussion, was reported by the the lords' committee of privileges in his favor, and the king, in August 1815, was pleased to determine the abeyance in his behalf, jd bnc noz aid sdoxroS 91 mBiliiW Sir Cecil, thus admitted as lord Zouche, died in 1828, s.'p. m»'s., when the baronV fell into abeyance between his daughters, and has since been determined.* * Vide the The abeyance determined in the case of Sir Cecil, by the house of lords, was, viz ; Sir Cecil Bishop, heir of Catherine Tate, eldest daughter of Bartholomew Tate ; and Mrs. Oliver, Mrs. Hemmings, and Mrs. Howell, coheirs of Mary, the youngest daughter of the said Bartholomew Tate ; and the descendants (if any) of Mary, the youngest daugh- ter and coheir of Edward, the last lord Zouche. Annual Peer- ages. » In Walker's account of the sufferings of the clergy in the time of the great rebeUion, the family of Tate is not only Illegitimately, bat most contemptuously mentioned, and that Elizabeth Zouche, would not have beea given to •ucb a man as Tate had she not been before pregnant. •> Sir Harris Nicolas in his Synopsis, vol. ii. p. 711, in a note has observed, that no issue of this Mary could be traced after the time of the Commonwealth : but this is not correct ; for the Editor, when the claim of Sir Cecil Bishop was before the house, communicatad to a deceased herald, then concerned for Sir Cecil, that he was a descen- dant, and being asked to show in what line, he did so ; which the herald said was satisfactory, and then asked would he give his consent to the deterimnation of the abeyance ? which declining to do, the said herald afterwards, on hia examination before the Committee of Privileges, stated that he had received from the Editor, a claim, but that he would not support it. The perfidy of this person in other instances he also experienced. However after then, the editor, the 10th of May, 1825, presented a petition to his Majesty, for the barony of St. Maur, as coalesced with that of Zouche, but not affected by the determination of its abeyance ; and thereon, the 13th of May, obtamed an order of re- ference to the .Attorney-general (then Sir John Copley) and left it in his office, with an intention of proceeding there- with: hut being disappointed of a considerable estate which a relation had given him reason to expect, he has not made any further proceedings ; poverty being a great impediment to the obtainmeut of right. ui.V 472 BARONIA ANGLICA CONCENTBATA. ZOUCHE OF MORTIMER.— (17 Edw. II.) The paternal name of this family was Mortimer, and commenced in William, a younger son of Robert Mortimer, of Richards Castle, by Joice his wife, daughter and heir of * Vide Zouche WUham le Zouche, who was a younger brother to Alan, who married Elene de Quincy,* ^" and coming to possess the lordship of Ashby, assumed his mother's surname, and was therefore commonly distinguished as " IViUiam Zouche of Mortimer." This William was at first summoned to parliament as William le Zouche, the 17, 18, and 19 Edw. II.; in the 1 and 2 Edw. III. as " William la Zouche de Castro Richardi;" and in a subsequent summons the 2 Edw. III., as "William la Zouche de Mortuomari;" and t Dugd. Lists from thence to his death, the 10 Edw. III., by the same distinction.f He was twice of Sum. niarried : his first wife was Alice de Tony, widow of Guy de Beauchamp, earl of War- wick, by whom he had a son Alan his successor ; his second wife (whom he left surviv- ing) was AUanore, daughter of Gilbert de Clare, earl of Gloucester, and widow of Hugh le Despenser, by whom he had a son Hugh. Alan le Zouche, his son and heir, was never summoned to parliament, and died circ. 20 Edw. III., leaving Hugh le Zouche, his son and heir, who never had summons, and died, as is said by J Baron., DugdaleJ leaving a son Hugh, and a daughter Joice, who by the decease of her brother vol. i., p. 154. Hugh, s.p., became his heir, and married John de Botetourt of Weoley Castle, in the §v.ii.,p. 712 county of Wigorn. With this statement Sir Harris Nicolas, in his Synopsis,§ agrees, adding that in the descendants and representatives of the aforesaid William baron Zouche of Mortimer, the barony is presumed now to be in abeyance. Burton, however, in his history of the county of Leicester, differs from Dugdale, and asserts that Joice, the wife of Botetourt, was daughter of William, and sister to Alan, his son. This leads to an inference, that upon the decease of Alan, he was succeeded by his half brother Hugh ; whose son Hugh dying s. p., the said Joice became heir to the barony as sister to Alan, and daughter and eventually heir of William her father. The heirs of Joice may be seen under the article of Botetourt. THE END. Kipon : Printed by W. Harrison. ADDENDA. Vol. I., P. 279.— (LATIMER.) In the pedigree of Latimer — after the two daughters of John viscount Purbeck, and earl of Buckingham, who died in 1723 — add Of these daughters, lady Mary Villiers died vita patris, and was buried at Merton, in Surry, 18 May, 1703. — (Lyson^s Environs, v. i., p. 349.) Lady Elizabeth Villiers died at an advanced age in Tavistock Court, Ta\4stock Street, Covent Garden, the 4th July, 1786. She was the last child who survived her father. — (Vide the Annual Register, and Gentleman's Magazine for July 1786. Vol. I., P. 306.— (MALTRAVERS.) Undek this article it has been stated that the barony, together with the baronies of Fitz Alan, Clun, and Osweldestrie were annexed to the title of earl of Arundel, and were set- tled by act of parliament on Thomas Howard, then earl of Arundel, with remainder to his issue male ; and in default, with similar remainder to divers other members of the Howard family : whereby it would seem that the barony of Maltravers was from a barony originally by writ, descendable to heirs general, converted into a barony de novo, con- fined in succession to heirs male only. In 1841, the earl of Surry, eldest son of the present duke of Norfolk, was sum- moned to parliament* as lord Maltravers (vita patris); which bears to the question, whether * Gazette, by such writ of summons he has acquired a barony in fee, as referring to the ancient barony, or whether his summons applies only to the barony in tail male, vested with the title of earl of Arundel, as possessed by his father. The old barony still remains, as presumed, in abeyance between the lords Stourton and Petre, never having descended to the present duke of Norfolk. ERRATUM.— Vol. II. The last line at the bottom of page 210 ought to follow the last line at the end of the next page, 211. The erratum may be readily perceived, as having inadvertently been misplaced. BARONIA ANGLICA CONCENTRATA; on, A CONCENTRATED ACCOUNT OF ALL THE BARONIES COMMONLY CALLED BARONIES IN FEE; DERIVING THEIR ORIGIN FROM WRIT OF SUMMONS TO PARLIAMENT, AND NOT FROM ANY SPECIFIC LIMITED CREATION. SHEWING THE DESCENT AND LINE OF HEIRSHIP AS WEIL OF THOSE FAMILIES MENTIONED BY SIE WILLIAM DUGDALE, AS OF THOSE WHOM THAT CELEBRATED AniHOR HAS OMITTED TO NOTICE. (Interspersed with interesting Notes, and explanatory remarks.) WHERETO IS ADDED €f)e l^ioofs of i^ailiameittai'i) ^ittiiifl, From the Mci^n of Edward /., to thai of Queen Anne. ALSO, A GLOSSARY OF DORMANT ENGLISH, SCOTCH, AND IRISH PEERAGE TITLES, WITH KEPERENCE TO TEESUMED EXISTING HEIRS. BY SIR T. C. BA]\TK8, BART. N.S., Member of the Inner Temple, Law Genealogist, Author of the Dormant and Extinct Baronage of England, Steminata AngUcana, Honores Anglicani, History of the Marmyun Family, and other Genealogical works. VOL. IL RIPON: PBINXED FOE THE AUTHOK BY WILLIAM HAKEISON, MAEKET-PLACE. LONDON : SIMPKIN AND MARSHALL. UOCCCXLIII. PREFACE. After the publication of the Dormant and Extinct Baronage of England, in 3 Vols. 4to. in the years ISO/, 8, and 9, the interest which they had excited, led me to imagine that as not any account had theretofore been ever printed of many eminent persons who had been Summoned to Parliament, either as, or among the Earls and Barons of the realm, but whose names alone were to be found in Dugdale's Lists of Summons, without any mention of them in his History of the Baronage, it might be a desirable addition to the preceding Volumes, to bring them into notice, and with that view I pubhshed in 1825, a supplement intitled Stenimata Anglicana. As Piracy, or Plagiarism among Authors has been a pretty usual practice, it is not matter of surprise to me, that what I have brought forward should be adopted by any of them as their own — thus whosoever shall peruse Mr. Burke's Octavo Edition, of what he is pleased to denominate the Dormant and Extinct Baronage, will find it almost a literatim Copy of my previous publication, and in such respect a base plagiarism, but when a man is destitute of gratitude to those who may have rendered him services, he is generally a stranger to the principles of honour. Yet as he has added to his work the Titles of the Dormant and Extinct Peerage of Scotland, and Ireland, I am most wiUing to give him due credit for that useful addition ; and had he corrected the Errors I may have committed, by following with too much confidence the authority of Dugdale, and other Heraldic Authors, he would have had my approbation, notwithstanding the flagrancy of his Piracy ; which probably he reconciles as a Highwayman would the Robbery he had made upon another's property ; but if he himself was afterwards robbed, he would complain of it as an heinous offence. So far with respect to Mr. Burke. — I must now turn to a Gentleman of much higher note, of whom I would wish to say something more favourable than he deserves PEEFACE. at my hands. I mean the learned, and indefatigable Sir Nicholas Harris Nicolas, who having seen my Stemmata Anglicana, was pleased very speedily after to adopt its arrangement and contents, in a very considerable degree into a work of his own, intitled, " A Synopsis of the Peerage of England," and therein to incorporate a notice of those verjr persons of whom (as before observed) I was the first to give any account to the public. In his remarks on some of them, he condescends occasionally to cite my name : while in the others whom he mentions, he states that no Genealogical Author has given any account of them, though an account was to be found in the Stemmata from which he had plagiarised their Titles. As no Genealogical Author, according to his assertion had noticed tliem ; it would have added much to his own credit to have Iieen the first to have brought them forward, and have rendered his own work more novel and interest- ing — the sinister motive for mentioning me in some instances, and omitting me in others where I might have had some credit for priorit}^ of information, requires no comment, as being too evident. Mr. Hunter in his Deanery of Doncaster, considers that the silence of Sir Harris Nicolas in his Synopsis, of that very eminent Statesman and Ecclesiastic, Sir John de Sandale, is much to be regretted. But had Mr. Hunter looked into my Stemmata, he might have seen an account of the subject of his lamentation. I will only add, that although I deem myself rather scurv'ily treated by Sir Harris, I give him with much pleasure, the highest commendation for his very many erudite, meritorious, and esti- mable publications. I must confess myself to have been greatly obliged to the late Sir George Nayler, Garter King of Arms, and to Sir William Woods, also Garter King of Arms, for the kind and friendly readiness with which they allowed me the inspection of their office books, which would have been to a more extended degree, had it not been circumvented by the malignant interposition of Mr. Francis Townshend, the then Windsor Herald, who owed me rather a better return for favors done to him and liis Rev. Brother, Mr. Tliomas Townshend, by my father; but this eidl spirit of the Herald is easily explained by my having communicated to him my intention of bringing out the History of the Dormant and Extinct Baronage of England, after Dugdale's precedent. On this intima- tion, his Letter in answer said, that he himself had been for upwards of twenty years PREFACE. contemplating the same work, but whenever he referred to his MSS. his Errors so stared him in the face, that he was deterred from the undertaking, and adArised me against it. I however embarked in a Sea, where he was afraid to venture. To any other Members of the College of Arms I am not under the smallest obliga- tion ; unless it may be when for the purpose of casting some obloquy upon me, they have done me the honor to mention my name, thereby showing that I was an object of their notice. But their detraction I as little regard, as I would the ravings of disap- pointed Placemen ; or the howling of a madman at Calcutta. These Gentlemen of Arms are wel' known for the Harmony of their association, and kindly feelings towards each other. With reference to the Contents of this Volume, a portion of it was printed in the Stemmata Anglicana, but much is herein added, witli appendixes not before published, together with many notes, and other elucidatory matter, which combined with the Con- tents of the other Volume, I trust will be found an aggregate of more general interest to the public at large, than the Peerage Histories hitherto pubhshed have developed. T. C. BANKS. BARONIA ANGLICA CONCENTRATA. ORIGIN OF NOBILITY. GENERAL OBSERVATIONS. With respect to the estate, which may be had in a title of honour, while the dignity was annexed to the land, and held by tenure, the person in possession of the estate, if he was tenant in fee simple, would, it is presumed, have an estate equal in dignity. These kind of territorial dignities, or land baronies, were anciently allowed to be aliened by the possessor, pro\-ided such aUenation was made with the king's licence.* * Vid. Mirror Collins, in his Parliamentar)- Precedents,t cites various examples to this effect ; and f p. 114, 116, Dugdale, in his History of the Baronage, J notices the same.* I'v^^'i As to dignities derived from writs of summons, they have generally been said to 385, et alibi. be holden in fee ; but this is deemed an erroneous doctrine.§ A person ha\'ing a § Cruise on barony of this kind, is not tenant in fee simple of it : for, in that case, it would descend I''^"^'^^' to the heirs general, lineal or collateral, of the person last seised : whereas a dignity of this species is only inheritable by such of the heirs as are lineally descended from the person first summoned to parliament, and not to any other of his heirs. It is, in fact, a kind of estate, not kno\\-n to the law in any other respect or instance, excepting in that of an honour. These dignities, created by writ, (and the same rule applies to those created by a All amerciaments were estreated into the exchequer, and were of a fixed amount. As he, who holdeth an entire Earldom, 100 pounds ; and a Baron for a barony, 100 marks. He who holdeth less, or more, according to the extent of the Tenure. And this defines the diiference of rank between an Earl, a Baron, and a minor tenant, in capite. i BARONIA ANGLICA CONCENTRATA. * Purbeck patent,*) are unalienable ; being an hereditament in the blood of the grantee and his csiS6< vj or* Dom. Proc. descendants. And in the case of the barony of Grey of Ruthyn, in 1640, the house of t^Lords' lords madet the following resolution ; viz. " Upon somewhat, which was spoken of in v'T'tv '^^^ argument, concerning a power of conveying away an honour, it was resolved upon the p. 150. question, nemine contradicente, that no person that hath any honour in him, and a peer of this realm, may alien or transfer the honour to any other person." It was doubted formerly, whether a barony by writ was not extinguished by the acceptance of a new barony of the same name. But, in the case of Lord Delaware, it J Ibid. was resolvedj in parliament, 39th of Elizabeth, that a grant of a new barony of Delawarre p. I'go-L;. to William West, who was not then in possession of the old barony of that name, did § CoUins's not merge or extinguish the ancient dignity. § The same doctrine was also established p. 122, 3 ill the Ijarony of WiUoughby de Broke, || claimed by Sir Richard Verney. II lb. p. 321. jj. ^.g^g j^jgg formerly questioned, whether a person having a barony by ■wTit, and being afterwards advanced to an earldom, to him and his issue male, did not thereby so merge the barony in the higher honour, as that it could not afterwards be separated H lb. p. 195. from it. But this doctrine was fully exploded in the cases^^ of the l)aronies of Grey of Vol. IV. ^^' Ruthyn, and of Fitz-Walter ; in which latter case, another point was embraced by the p. 149. determination, namely,** that, though the earldom or hisfher dienity should become extinct, ** lb. p. 286. ... b a : i the barony by writ, will, notwithstanding, descend to the heir general. The descent of dignities by writ, is in some respect different from that of lands ; for possession does not affect the descent of a dignity : for every person claiming an honour created by writ, must make himself heir to the person first summoned, not to the person tt llnst.i5.b. last seised.^-\ +* C^llins's' Tlius, in the case of the barony of Grey of Ruthpi,JJ liefore mentioned, it was Pari. Free. stated, that it was a barony by writ ; that lord Grey died, leaving a son and daughter by one venter, and a second son by another venter. The barony descended to the eldest son, in due course, who sat in parliament, and afterwards died without issue : the question was, whether the second son should inherit the barony, or the sister ? The opinion of the judges was required, who resolved, that there was no possessio fratris of a dignity ; but it should go to the younger son, who was hares natus ; and the sister was only limres facta, by the possession of her brother, of such things as were in demesne, but not of dignities, whereof there could be an acquisition of the possession. ^1 \ Inst. But lord chief justice Hale, in his Notes to the First Institute,§§ published by Mr. 15. b. n. 3. Hargrave, observes, on this case, that, if it was a feudal title of honour, as of the earldom of Arundel, or barony of Berkeley, there possessio fratris should hold well ; because the title is annexed to the land. III! Cruise The right of primogeniture takes place between males, in the descent of dignities ;|| || '^' and, therefore, where a person possessing an honour in tail male, dies, leaving several sons ORIGIN OF NOBILITY. -5 it descends upon the eldest : but where a person seised of an lionour in fee, dies, leaving daughters, sisters, or other female co-heirs, no right of primogeniture prevails ; for they altogether are unus hxres, unum corpus : their heirship is ttnitas juris ; the whole body* ■* Coke on of co-heirs, however numerous, must unite to constitute the heir. Coparc. Lord Chief-iustice Coke has stated a case in his Institute! in these words: "Note. — t i Inst. 1G5 a tit If the earldom of Chester descend to coparceners, it shall be divided between them, as p,8escr. 18. well as other lands ; and the eldest shall not have this seignory and earldom entire to herself, quod nata, adjudged, per totam curiam,'' And his lordship makes the following observations on this case. "By this, it appeareth, that the earldom — (that is, the pos- sessions of the earldom) — shall be divided ; and that, where they be more daughters than one, the eldest shall not have the dignity and power of the earl, that is, to be a Countess. What, then, shall become of the dignity? the answer, is, that, in that case, the king, who is sovereign of honour and dignit)^, may, for the uncertainty, confer the dignity upon which of the daughters he please ; and this hath been the usage, since the conquest, as it is said." This doctrine, laid down by lord Coke, was fully established and acted upon both before and in his time. Thus, in the case of the earldom of Oxford, the house of lords certifiedt that the earldom was descended to the heir male ; but, as to the baronies of J \°l'^'j' ^°^' ... vol. 111. Bulbeck, Sandford, and Badlesmere, "they being entire, and not dividable, they became p. 535. incapable of the same, otherwise than by gift from the crown ; and they in strictness of law, reverted to, and were in the disposition of king Henry VIII." A learned author, however, has observed,§ that the expression, that " Baronies in ^ Cruise on abeyance are loholly at the disposal of the crown, is too general ; for it is not in the poiver I^'S"'*^^^- of the crown to dispose of such baronies to a stranger. But the decision || on the barony n coUins's of Latimer, temp. Hen. VI. rather rebuts this assertion. ^^^- P""*^"^- When Ranulph earl of Chester^, died, (16 Hen. III.) ^vithout issue, his four sisters ^ jj^^,^ became his co-heirs ; and in the partition of that vast inheritance, John le Scot, son of Baron, Vol. I. p. 44. Maud the eldest sister, (his mother Ijemg dead) had for his part the whole county of et seq. Chester, and by reason thereof, most probably, was allowed to bear likewise the title of that earldom. But when the said John le Scot deceased, without issue, 21, Hen. III., leaving his four sisters, or their representatives, his co-heirs, the king took the earldom of Chester into his own hands,** and after\vards annexed it to the crowTi, granting to the co- ** ougj heirs certain other lands in the Ueu thereof. Camden, R. Brooke, Bractonft treats of the partition of estates among co-parceners ; and observes, that Milles, where a mansion-house was caput comitatus seu baronia, it was not devisable, propter jus ++Lib.2.c.34. gladii, quod dividi non protest ; for, by that means, earldoms and baronies would come 7^- ^ ^ ''• to nothing; per quod deficiat regnum, quod ex comitatibvs et baroniis dicitur esse constitutum. BARONIA ANGLICA CONCENTRATA. * Cruise on Dignities. t Collins 's Pari. Free, p. 222-3, et alibi. t Dugd. Baron. Vol. I. p. 121. § lb. p. 119. II Rot. Pat. 28 Hen. III. m. 12. If Argument of chief-jus. Eyre, on the case of the barony of Beaumont ; Cor. Dom. Proc. anno 1795. ** Coram Dom. Proc. an. 1794-5. Now, provided the eldest daughter had a right, as some assert,* to the principal mansion, if it was a caput comitatus, sive caput haronue, she would in those times, have been entitled to the dignity annexed to it ; and this appears to have been the case in divers baroniesf noticed as having lieen given to the eldest of several co-heirs; yet, in the instance of the division of the great inheritance of Hugh de Alliini, earl of Arundel and Sussex, among his sisters and co-heirs, J or their representatives, it seems that the dignity of Earl of Sussex, (whereof the iUbini's were earls per tertium denarium comitatus unde comes est^) was not granted to any one of the co-heiresses, but the castle of Arundel, which was the caput comitatus, was given to John Fitz-Alan, son of Isabel, the second sister|| of earl Hugh; the descendants of which John Fitz-Alan, by reason of the possession of the said castle, have been earls of Arundel to this day. Where the king terminates the abeyance of a dignity in favour of a commoner, he issues a summons to him by the name of the honour which was in abeyance; as in the cases of Le Despenser, and Botetourt. But, where the person, in whose favour the abeyance is terminated, is already a peer, and has a higher dignity, there the king makes a declaration under the great seal, confirming the barony to him ; and in the case of a female, the abeyance is also terminated by a declaration. With regard to the effect of terminating the abeyance or suspension of an honour, by the nominating of any one of the co-heirs to it ; such nomination operates not as a new creation of a dignity, but as a revival of the ancient title, according to the date of its standing, and the nominee has thenceforth an inheritance in the barony or honour so revived, to hold to the heirs of his, or her body; but in case of failure of heirs of the said nominee, the barony or honour will again fall into abeyancelf among the remaining heirs- representative of the original co-heirs, and so continue until the crown may be pleased to make a new termination; or until, by the death of all the co-heirs, but one, and the extinction of their respective lines, there shall remain only one sole heir to the dignity, who then becomes entitled to the inheritance ex debito juris, as a matter of right; not ew debito gratice, as a matter of favour from the crown. The house of Lords, in the case of the barony of Beaumont, claimed** by Mr. Stapleton, has decided, that where a barony by writ was in abeyance between two persons, the attainder of one of them for high treason, did not terminate the abeyance, and give to the other a sole right to the barony. In the case of an original barony by tenure, where the part}' seised thereof has con- tinued to have summons to parUament for divers descents, until the male hne has ceased, and only female co-heirs been left to the inheritance; there does not appear to have been ever any decision, whether such barony would be in abeyance among the co-heirs, or extinguished, provided the baronial lands, which had at first moved the writ, were sold or alienated by the last male possessor previous to his death, at which time his sisters, or any other females should become his co-heiresses. ORIGIN OF NOBILITY. 5 From the determinations made in tlie Berners, Botetourt, and several other cases,* * Lords' it is settled, that dignities are not within the Statute of Limitations; and, therefore, no Collins's length of time of non-claim can bar the right of any one entitled to a descendable honour. '"' '^' ■" '*' With regard to dignities, created by letters patent, they are not open to so many questionable points of law, with relation to their descent, as those honours are, which derive their origin from the WTit of summons, for the express words of their patents define their course. It was an opinion, that a title must be created of some place, in order that it might appear to be annexed to land, and thereby become a real hereditament. This opinion strongly coincided with the ancient notion of baronial tenures. But in the case of Mr. Knollys, who claimed to Ije earl of Banbun,-, and was indicted by that title, and a plea put in, that it did not appear that Banl)ur}' was in England, cliief-justice Holt was of opinion, that the place from whence a patentee took his title, need not be in England; nor, in reahty, was there a necessity that there shoidd be any place. Albemarle was not in England, and, nevertheless, several persons, priort and subsequent to Magna Charta, t Dugd. have been earlsf and dukes§ of that place; and the title of earl of Albemarle is, even at + DeFortibus, this day, one belonging to a peer of parliament||. In the case of sir Thomas Gerard, who 5 piaiitag. and was created lord Gerard, of Gerurds Bromley, by letters patent, (he being then resident Monck. with his family in the said capital messuage), a question arose,^ whether the said capital u Gerard v. messuage became thereljy caput haronlce; and it was held that it did not: for the caput g"""' ' * *" baronue only applied to those barons of antiquity who had jurisdiction, and presided min- isterially in aulis sui^. A dignit}'^ may not only be entailed at its first creation, but also, a dignity which was originally descendable to heirs general, may be entailed by parliament on the heirs male of the person seised thereof. But, in this respect, the cases of the earldom of Oxford, and the baronies of Lumley and Percy, show, that such entails were in the nature of re- grants of the ancient honom's, which theretofore had been forfeited by attainder, and were now restored in name and rank, but mider certain new limitations of descent. A dignity, whether holden in fee, fee-tail, or for life,** is forfeited and extinguished ** Cruise on by the attainder for treason or felony of the person possessed of it at the time of com- mitting the offence; and cannot be again revived, otherwise than by reversal of the attainder. In the cases of Stafford and Lumley, the heirs were restored in blood, but the baronies were given, with new limitations, to issue male, being different to their ori- ginal course of descent, which was to heirs general.tt '^ Journ. Dom. Proc. Charles Nevill, sixth earl of Westmoreland, (whose ancestor Ralph was so created by letters patent, to hold to himself and the heirs male of his body), in the 13th of Elizabeth, was attainted of high treason, by outlawr)--, and by act of parliament, and died without issue male: whereupon the title was claimed bv Edward Nevill, lord Abergavenny, as ^ ^ ^ •' it Collins's heir male of the body of Ralph Nevill, the first grantee of the earldom. JJ Pari. Peec. b BABONIA ANGLICA CONCENTRATA. It was resolved by all the judges, that, although the dignity was within the statute de donis conditionalibus, yet it was forfeited by a condition in law tacite, annexed to the estate of the dignity: for an earl has an office of trust and confidence; and when such a person, against the duty and end of his dignit)', takes council, as well as arms, against the king, to destroy him, and thereof is attainted, by due course of law ; by that he hath for- feited his dignity, in the same manner as if tenant in tail of an office of trust misuse it, or use it not ; these are forfeitures of such office, for ever, by force of a condition in law ♦Nevill'sCase tacite annexed to their estates. It was also resolved,* that, if it had not been forfeited t Opinion of by the common law,t it would have been forfeited by the 26 Hen. VIII. =" the judges m gyj nevertheless, a dignity in tail mav be claimed by a son survivins; an attainted Airue ease, ^ c / . .' o 1818. Cor. father, who never was in possession of such dignity; as in the case of the duke of Athol, in which it appeared, that John Murray, marquess of Athol, was created duke of Athol, to hold to him and the heirs male of his body. He died in 1725, lea\'ing James, his J Lord's eldest son and successor, and George, a younger son, the petitioner's^ father. XXX. p. 4G6, The said lord George Murray in 1745 was attainted of high treason, by act of parli- ®' ^^' anient, and died in 1760, leaving the petitioner, his eldest son. James duke of Athol afterwards died in Januarj^, 1764, without male issue, whereby the said John became next I Ibid. heir male to duke James his vmcle, and was admitted as such accordingly.§ II 7Rep.34. d. But where a dignity is entailed over to another person,|| in default of issue male of the grantee, such dignit}' is not affected by the treason, felony, or attainder of the said grantee. Thus Thomas Percy was restored to the ancient barony of Percy and earldom H Pat. 3 & 4 of Northumberland, in the time of Philip and Mary,1f with a limitation of those honours p. li) *^' to liini and his issue male-descendants, remainder to Henrj- Percy, his brother and his issue male. The said Thomas, baron Percy and earl of Northumberland, was afterwards attainted and beheaded : but the honours entailed as before mentioned, descended to his ** Dug. Bar. brother sir Henry Percy, by wtue of the said entail.** o . 1. p. 284. 'WHiere a person who has an honour marries, his wife becomes entitled to the same fti Inst. 16 b. during her life, unless she afterwards marries a commoner.tt Tlius Ralph Hayward, esq., who married Anne, widow of the lord Powys, ha%dng brought an action against the duke of Suffolk, by the name of Ralph Hajnvard, esq., and the lady Anne Powys, his wife, an exception was taken for a misnoma, because she ought to have been named by the name tt Dyer, 79. of her husband, and the said exception was allowed by the court.Jt The same doctrine §§ Digest Lib ^^'^^ ^^^'^ down in the case of the duchess of Suffolk, who, in her widowhood, married 1. tit. 9. Lege. A^drian Stokes. And many other precedents§§ may be cited.'' Courtesy, however, admits 8. Doddridge, p. 10". what the letter of the law denies. a Sir William Jones, attorney-general, in his argument upon the Purbeck case, cursorily remarks, that he had been told Nevill's case was not law. — CoUins's Pari. Preced. p. 298. ^ In 33 Cha. II. lady Elizabeth Grey, daughter to Henry earl of Kent, having married Banastre Maynard, ORIGIN OK NOnil.llY. In 1661, upon tlie report from the Lords' Committees of Privileges, to whom was referred the consideration of the lady Dacre's petition, clainiing the privilege of parlia- ment, the house declared,* (having received the opinion of all the judges now present), * Joum. " that the lady Dacres, by marrying Mr Chute, a commoner, hath forfeited and lost her Vol. XI. p. privilege of peerage in law ; and it is ordered, that tlie trial at law do proceed, notwithstand- ing any claim of privilege by the said lady Dacres." And it was again declared and made a standing order of the house, 21st of Feliruary, 1692, "that if the mdow of any peer shall be married to a commoner, she shall not he allowed privilege of peerage." The courtesy, however, allows the assumption of the name of honour, though the law denies any rights to be derivable therefrom. Tims the eldest son of a duke, by courtesy, bears the title of his father's second honour; but in law he is only a commoner, and indictable by his christian and his family surname. But, where a woman, who has a dignity in her own right, marries a commoner, she still retains her name of dignity, for she is nobilis nata,-\ non facta ; est character indebilis. t Coke, Chief-justice Coke says, J if a duchess by marriage afterwards marries a baron, she 6 pt. 53. b. remains a duchess, and does not lose her name, because her husband is noble. Mr. * i"^'' ' ^ n. o. Hargrave, however, in a note on this passage, observes, that in some books, it is said, if a woman, noble by birth, marries one of the inferior nobility, she shall be stj-led by the dignity of her second husband." At the coronation of his majesty Geo. III., the duchess- dowager of Leeds, then the wife of the earl of Portmore, claimed to Avalk as a duchess, but her claim was rejected : she was not noble by birth, but was the daughter of a private gentleman, Roger Hele, of Halewell, in com. Devon, esq. In this case of acquired nobility by marriage, Doddridge obser\-es,§ that if an issue § Treatise be taken upon the question, that is to say, duchess or not duchess, countess or not p^fng '^' countess, baroness or not baroness, the trial shall be not by record, but by a jury of twelve men ; and the reason is, because, in this case, the dignitj' is accrued to the woman |( Coke, 6 pt. by marriage, which the lawyers term matter in fact, and not by any record. || *■ Justice Doddridge says,1[ that it has been a matter of question, M'hether a j)erson r Treatise can refuse or waive a dignity conferred on him by the crown. Chief-justice Coke says,** °° ^J^^^'^' ** 4 Inst. 44. esq., eldest son of William lord Maynard, his Majesty, in order to prevent all disputes which might occur by reason that every daughter of an earl marrying a peer, has only the place and precedency of that peer, unless, by special dispensation, her native right be preserved and continued, was pleased to grant his warrant, that the said Lady Ehz- abeth Grey should have the precedency, &c. of an earl's daughter, notwithstanding her said marriage. Dated at Whitehall, 11th March, 1680—1. — Ex Orig. penes CoU. Armor. a This doctrine is shown in the case of Sarah duchess-dowager of Somerset, relict of John duke of Somerset then late deceased, who, in order to preserve the place and precedency due to her from the duke, her husband, obtained the king's royal licence and authority to retain the said place and precedency, notwithstanding any marriage she might thereafter contract with any person whatsoever ; by warrant dated at Whitehall, 21st April, 1682, (34 Cha. II.) — Ex. Orig. penes Coll. Armor. 8 BARONIA ANGLICA CONCENTRATA. t Idem. that, " If the king calleth any knight or esquire to be a lord of parliament, he cannot refuse to serve the king there, in illo communi concilia, for the good of his country." * P.Wins.592. This opinion, however, is contradicted by Lord chancellor Cow]Der, who held,* that the king could not create a subject a peer of the realm against his will ; because then it would be in the power of the king to ruin a subject, whose estate and circumstances might not be sufficient for the honour. His lordship also held, that a minor might, when of age, waive a peerage granted to him during his infancj'. Lord Trevorf was of a different opinion, and held, in conformity with lord chief-justice Coke, that the king had a right to the service of his subjects in any station he thought proper; and instanced in the case of the crown's having power to compel a subject to be a sheriff, and to fine him for refusing to serve. He observed, that in lord Abergavenney's case, it was admitted, the king might fine a person whom he thought proper to summon to the house of peers, it being there said, that a person might choose to submit to a fine ; and, if it were allowed, the king might fine one for not accepting the honour and not appearing upon the writ : the king might fine ioiies quoties, where there was a refusal ; and, consequently, might compel the subject to accept the honour. And, that it was not to be presumed the king would grant a peerage to any one, to his wrong, any more than that, he would make an ill use of his power of pardoning : all which were supposititious, contrary to the principles upon which the constitution was framed, which depended upon the honour and justice of the crown. A volumus of precedence is contrary to the statute. Mountjoy Blount was created baron Mountjoy, of Thurveston, 5 June, 1627, with an express clause of volumus in his patent, to have locum et precedentiam pra omnibus aliis baronibus quibuscunque hujus regni nostri AnglicE per nos post vicissimum diem Mail jam ultimo presteritum factis sive creatis aliquo, etc. in contrarium in aliquo non obstante. The lord Fawconbridge, who had been created the 25th of May, and the lord Lovelace, on the 27th of May, complained of Mountjoy's precedency, and the point was referred to the Lords' Committee of Pri^nleges, who, on the 29th of April, 1628, by the lord president reported,} " that the commitee had considered thereof, and are of opinion, that, according to the statute of 31 Hen. VIIL, and according to a former judgment of this house, this parliament (10 April), in the like case of precedency granted to the earl of Banbury, that the said baron Fawcon- bridge, and the said baron Lovelace, are to have place and precedency according to the ancienties and dates of their several patents, before the said baron Mountjoy, whose patent of creation bears date afterwards, notwithstanding the said clause in his patent to the contrary." Where a patent is lost or not forthcoming, a constat out of the RoUs, (or office of public record), wUl be received as evidence of the original creation. The lord Brudenell,§ the 4th of May, 1640, not having his patent, delivered a constat out of the Rolls, and took his seat in the house, according to the date of his patent. X Joum. Dom. Proc Vol. III. p. 775. I Joum. Dom. Proc Vol. IV. p. 80. ORIGIN OF NOBILITY. » In 1640, the 16 Car. I., the lord Cottington having been created since' the last parliament,* and never sitting in the house before, should have presented his ■writ or *Journ. Dom. patent; but not having his writ nor patent present, he was excused; but it was ordered, j, 55 ' ' upon motion of some lords, that this should not be a precedent for hereafter, Ijcing done out of favour to him. In the case of a writ or summons of the same title issued on error, such writ is not to be prejudicial to the heirs of the ancient honour. In 1628, 4 Cha. I., the lord presi- dent declared to the house of lords,t '" That his Majesty hath granted his writ of t Il>id. summons to this parliament unto James, the son and heir-apparent of William, now earl p_ 841. of Derby, by the name of James Strange, chr., and that the heralds have ranked the said James in the place of the ancient barons of Strange. And his lordship showed, that Anne, countess of Castlehaven, the eldest daughter and one of the co-heirs of Ferdinando, late earl of Derby, deceased, doth claim the name and title of the said barony of Strange. It is ordered, the said writ of summons, and the said rank and place of the said James shall be in no way prejudicial unto the right and claim of the said Anne, countess of Castle- haven, nor unto any of the rights and claims of any of the daughters and co-heirs of the said Ferdinando, late earl of Derby, deceased. A mistake in a writ of summons may be amended. In 1689 (10 Aug.) the house of lords was moved, riz-.J "That in this parliament it pleased the King to grant his writ of + Ibid, summons to call Charles, lord Clifford of Lanesborough, to sit in parliament, and to take ^"30^ ' his place as the barony of his father ; but by a mistake, the writ of summons under the great seal, calls him by the title of Lord Boyle ; for rectififing of this mistake, the king hath been pleased to pass a warrant under his hand and seal, for amenchng the writ, and making it to bear the title of lord Clifford of Lanesborough, to be passed under the great seal of England ; and that the clerk of the parUaments, in whose custody the first writ is, is hereby directed to deliver the same to his lordship for putting in the title of lord Clifford of Lanesborough." In 1794 the house of lords, being informed that the lord CHnton, in proving his pedigree before the committee for privileges, had omitted, by mistake, to insert the names of his lordship's brother, John Trefusis, (a student of Oriel College, Oxon), who was un- married, and of his sisters, Elizabeth, Anne, and Barbara Crowley, of whom EUzabeth and Barbara are unmarried, and Anne is the -nife of Tliomas Maxwell Adams, of the island of Barbadoes, esq. It was ordered,§ " That the lord CUnton do deliver in a new § Ibid, pedigree before the committee for privileges, supplying the said omissions." p^es In 1793 it was moved in the house of lords, " Tliat it be referred to the committee of privileges to consider and report to this house, whether, when any title of honour has been conferred on any person by letters patent, under the great seal, to be holden in or with any given rank of peerage, the same specific individual title can be conferred on c 10 BARONIA ANGLICA CONCENTRATA. another person, to be holden in or with the same or any other rank of peerage, during the subsistence of the limitations of such first grant." Tliis motion being objected to, after debate, the question was put thereupon, and was resolved in the negative. The circumstance arose from his majesty having created Thomas, viscount Wey- mouth, marquess of Bath, by patent, dated the 25th of August, 1789; and having after- wards advanced Henrietta Laura, daughter of William Pultney, esq., to be a baroness of the realm, by the same specific title of Bath, in the county of Somerset, by other letters patent, dated July, 1792. Tlie rejection of the said motion was followed by a very well- conceived and spirited protest on the part of the earls of Radnor and Leicester ; who, among many most pointed obser\'ations, stated, " That, when the duke of Buccleugh ob- tained from the crown, in 1743, the honour of its recommendation to be restored to the hereditary seat in this house, forfeited by the attainder of his ancestor the duke of Mon- mouth, that favour was confined to such titles as were not vested in other families ; and, consequently the title of Monmouth was omitted." But here it is to be remarked, that the said title, after the decapitation of the the duke, had been conferred on the family of Mordaunt, in the person of Charles, son and heir of John, viscount Avalon, by Elizabeth * Collins'e | jg ^fe, sole daughter and heir of Thomas Carey,* second son of Robert, earl of Mon- Peerage. J & J ' mouth, who had possessed that name of honour before the duke. The said noble earls also stated, that they protested, " Because, upon the doctrine of the hour (for of the hour only we trust it is), the minister, for the time being, stands complimented by the house with a more powerful instrument of mortifying individuals, than any known prerogative of the crown, or, in our opinion, the court of Wards and Liveries itself, ever furnished. The grievances of the latter were heavy, but temporary : the injury occasioned by this modern invention is perpetual, and claimed by its patrons as irremediable." After this it was moved, that an address should be presented to his Majesty, to re- present, among other points, " That the house, forbearing to question the validity of the grant made to the said Henrietta Laura Pidteney, but greatly concerned that his Majesty has been advised to make the same, does humbly and earnestly request of his Majesty, that the same may not be drawn into example, and that the members of this house, ho- noured by the favour of the crown, may, severally, for the future enjoy unmolested, and exclusively, their several and respective honours." Which being objected to, the ques- tion was put thereupon, and resolved in the negative. This again occasioned a further protest from the noble earls before mentioned, which was as follows, viz. : " Because, though we adhere to the motion last negatived, and trust that our opinion will prevail, in case a seat in this house, by virtue of this patent, shall ever be claimed, believing the grant to be unauthorized by custom or precedent, and void in law, as it is upon every principle of justice and decorum ; yet, as the house had refused to question the power of the crown to confer the title, we waived our own opinion, so far as to endeavour to ORIGIN OF NOBILITY 11 induce the house to mediate with the crown graciously to remit the exercise of such power, being, as we conceive, incompatible with the honour of the house, and the vested rights of the individual member." "The act for regulating the precedency of the peers obviated those grievances which partial or temporary favour might occasion ; but the grievance, arising from precedence given arbitrarily, though it had also been given in perpetuity, could not, in any degree, be compared to this. An instance, infinitely short of this, in our opinion, is pronounced by the lord chancellor Clarendon in his histoi"y, to be the most imnecessary provocation he had known, and, in his belief, the chief occasion of lord Strafford's execution." Tliis last citation seems to allude to the lord Strafford having taken the title of Raby, from Vane's seat at that place; a circumstence, certainly, very well known. In 1689 the lord viscount Preston, of Scotland, was attached for claiming privilege of peerage under a patent from king James, after his abdication, dated at St. Germain en Laye, the house resolved,* that the patent was null and void, and ordered, that the attor- * Collins's ney-general should prosecute him for a high misdemeanour, in claiming to be a peer of y'^T^xiV the realm, by his pretended patent. " p- 338. Their lordships in various instances, with reference to persons taking upon them- selves names of dignities, particularly of Scotch titles, have decided,t that no one shall t Ibid, assume such titles until allowed to them in a due course of law, upon claim made thereto, pp. \i^^ 131^ By analogy, the same rule applies to English honours. ^^^■ By an order of the house of lords, of the 8th of May, 1663, it was referred to the Committee of Privileges to report concerning the introduction of peers hy descent, by Garter King of Arms, and such other concomitants as is now used to such as are newly- created peers. The report % contains, among a variety of exemplar)' matter, the follow- + ibid, ing points; viz. "It doth not appear to this house, that anciently any peer was introduced p°575 g into this house, no, not when created." "Tlie committee heard at large all Garter's pretences, and weighed thoroughly aU his evidences, and discharged all that he could say as to any pretence of right, by this bottom of reason. All right must be founded either upon prescription, ivMch looketh back so far as the time of K. Ric. the I., or upon some parliamentary acts or constitutions. By the first. Garter cannot claim, because that office had not a beginning tiU the time of king Henry V.; and for the latter, let him show that can find it : the committee return a non est inventus ; and they think their search has been so exact, as may excuse your lordships from the trouble of a meliiis inquirendum. " In the time of Henry VIII., the eldest son of the then duke of Norfolk was, by that king, created earl of Surrey, when his father, the duke of Norfolk, sate in parliament also. The said earl contended with some others for pecedency, as being the eldest son of a duke : the matter was deliated before the lords, but, before a decision, the earl 12 BARONIA ANGLICA CONCENTRATA. submitted, and signified it by the lord chancellor, to take his place only by creation; which shows there was no introduction used in those days ; for, had there been, that earl could not have been to seek where he ought to sit : 'tis true, the use hath been upon creation, and sometimes to such as come in by descent, to bring in their writs of summons. The mistake of that, (for the introducing of the persons might give some shadow), to delude such eyes as were willing, with jEsop's dog, to catch at any thing for their oiun advantage." Upon the whole the committee were of opinion nem. con. ; which was agreed to by the house, and ordered accordingly ; viz. First : " That all peers of this realm by descent, being of the age of twenty-one, or upwards, have right to come, and sit in the house of peers without any introduction. Second : " That no such peers ought to pay any fee or fees to any heralds, upon their first coming into the house of peers. Third : " That no such peers may or shall be introduced into the house of peers by any herald, or with any ceremony, though they shall desire the same." By the second of these resolutions it is noticeable, that the age of twenty-one is mentioned as the age when peers are capable of being admitted to take their seats ; yet, in 1667, the earl of Mulgrave, being under that age, had a writ of summons to parliament. This led the house to address his majesty, to beseech him, to be sparing of jvrits of this nature for the future ; and the subject was referred to the Committee for Privileges, to report thereon. It was, however, finally ordered, that, "No lord under the age of twenty-one shall be * Journ. permitted to sit in this house."* Vorxiv*^ Every peer claiming, by virtue of a special limitation in remainder, and not claiming p. 10. by descent, shall be introduced. This resolution t was ordered the 28th of June, 1715. On restitution, introduction seems necessary. In 1640, the 16 Car. I., the lord t Ibid. Audley was introduced with ceremony, J between the lords Strange and Newneham p. 57. ' Paddox ; and, as it was upon restitution, his patent was thought fit to be read, which was tested 3rd June, the 9 Car. I. The nobility of this kingdom, and lords of the upper house of parliament, are, of ancient right, to answer or be examined in all courts, upon protestation of honour only, and not upon the common oath. This resolution was made a standing order of the house, § Ibid. 6th May, 1628 ;§ recognized again 31st Dec. 1640, and likewise in 1667. || On one of these occasions, the king, ha\'ing been attended upon by the Lords' Com- Ibid. mittee of Privileges, his Majesty was pleased to ask their lordships which they considered p. 135. to be most binding upon their conscience, to answer upon oath, or upon honour ?- — Their lordships replied, to ansioer upon honour : thus most delicately expressing, how much their words were to be appreciated before the oaths of common men ! * > QuEere, this the origin of the adage, My word is my bond? Vol. III. p. 782. ORIGIN- OF NOBILITY. 13 REMARKS WITH REGARD TO THE TRIAL OF PEERS. In the time of William tlie Conqueror, the earl of Hereford, for conspiring to re- ceive the Danes into England, and depose the king, was tried by his peers, and found guilty oi the treason,* per judicium parium suorum. In the time of Edward II. Edmund, * 2 Inst. 50. earl of Arundel, was beheaded and attainted without trial ; but Richard, his son, in the following reign, was restored to his father's earldom : and the lords declared, that earl Edmund had been put to death illegally, not having been tried by his peers, according to the law and Mugna Charta.-\ t Mag. Ch. c 29 In the reign of Henry VI. the duke of Suffolk, being accused of high treason by the 15 Edward III Commons, put himself upon the king's grace, and not upon his peers, and the king alone '^- ^• adjudged him to banishment : but he sent for the lord chancellor, and all the lords that were in town, to his palace at Westminster, and also the duke, whom, in their presence, he ordered to quit the kingdom. Tlie lords, however, entered a protest to save the pri- vilege of their peerage, as the act of the king was deemed an illegal sentence of banish- ment, made extra-judically, and without any lawful trial. The case of the lord Cromwell, in the time of Heniy VIII., was particularly extraordi- nary, inasmuch as he was attainted in parliament, and condemned and executed, without being allowed to make any defence. In Salkeld's Reports, it is stated, f ''that a person petitioned the lords in parliament + 3 Salk. 243. to be tried by his peers : the lords disallowed his peerage, and dismissed his petition ;" and it was held in this case, that the defendant's right stood upon his letters patent, which could not be cancelled but by a scire facias, and that the parliament could not give judg- ment in a thing which did not come in a judicial way before that court. § This was in § 2 Salk. the case of Mr. KnoUys claiming to be earl of Banbm-y, (temp. William and Mar}\||) — || Au. 1692. But the report in Salkeld is not correct ; inasmuch as the lords did not disallow his peer- age, the petition not calling upon them to decide upon the question of right ; but, by reason that the house of lords had no original jurisdiction over the right of a peerage, except incidentally, as for purposes of privilege and precedency, and could not take judi- cial con\isance of such a right, without delegation, by reference from the king, on petition made to his majesty by the claimant, the house dismissed the petition before mentioned, because it was not made for an adjudication on the petitioner's right to the Banbury earl- dom, but was merely for his being tried as a peer, a rank to which he had not previously been admitted, and which was, in fact, a point not established, and not on the journals of the house. On the trial of peers in criminal matters, all the peers, who have a right to sit and vote in parliament, are to be diily summoned twenty days at least before the trial, to 14 BARONIA ANGLICA CONCENTRATA. appear and vote at the same ; every such peer first taking the oaths required by the act 1 William and Mary, &c. When the peer has been indicted for the treason or felony, before commissioners of oyer and terminer, or in the King's Bench, if the offence be committed in Middlesex^ then the king by commission under the great seal, constitutes some lord (generally the lord chancellor) lord high steward^ or judge for the particular occasion : and the peers of the realm are, by the commission, commanded to be attendant on him, as also is the lieutenant of the tower of London, with the prisoner. A certiorari is awarded out of the Chancerj', to remove the indictment before the high steward ; and another writ issues to bring the prisoner, and the lord high steward makes his precept for tliat purpose, assigning a day and place, as in Westminster hall, inclosed with scaffolding, &c. ; and for summoning the peers, who are to be twelve, and above, at least present. At the door, the high steward takes his place under a cloth of state ; his commission is read by the clerk of the crown, and he has a white rod de- hvered him by the usher, which being returned, proclamation is made, and command given, for certifying the indictment, &c., and for the lieutenant of the tower to return his writ, and bring the prisoner to the bar : after this, the serjeant-at-arms returns his pre- cept, with the names of the peers summoned, who are called over, and answering to their names, are recorded, and take their seats accordingly. The ceremony thus adjusted, the high steward declares to the prisoner the cause of the court's assembling ; tlie clerk of the crown reads the indictment, and arraigns the prisoner; and the high steward delivers his charge to the noble jurors. Tliis being over, the king's counsel produce their evi- dence for the crown, and if the prisoner has any matter of law to plead, he shall be as- signed counsel ; but if he pleads Not guilt)', and has nothing further to allege, he is not allowed counsel ; for the comt is considered to be aU-component in that respect, and impartial and just in its adjudication. After the e^ndence is closed on the part of the king, and the prisoner's defence is heard, he is withdrawn from the bar, and the lords, who are triers, retire to their own chamber, to consider of the evidence : but the lords can admit of no evidence otherwise than in the hearing of the prisoner : they cannot have conference with the judges (who attend upon the lord high steward, and are not to deliver their opinions beforehand), but in the hearing of the prisoner; nor can they send for the opinion of the judges, or demand it, but in open court ; and the lord high steward cannot collect the evidence, or confer with the lords, but in the prisoner's presence, who is at first to require justice of their lordships, and that no question or conference be had only before him. Nothing is a This office was anciently annexed to the tenure of the manor of Hinckley, in Leicestershire, and came to the crown with the earldom of Leicester, in the person of Henry duke of Lancaster, afterwards king Henry IV. On the trial of the earl of Strafford, (temp. Car. I.) the lord steward of the king's household was appointed and sate as lord high steward. ORIGIN OF NOBILITY. ^-^ to be done in the absence of the prisoner until the lords come to consider of their verdict ; and then, if they retire, they are to be together, as juries are, till they are agreed. When they return into court, and take their places, the lord high steward publicly demands (l)eginning with the puisne lord) whether the prisoner be guilty or not of the charge whereof he stands arraigned. Their lordships having answered, upon their honour, and the prisoner ha\'ing been found guilt)' by a majorit}' of votes (more than twelve), is brought to the bar again, when the high steward acquainting him with the verdict of his peers, gives judgment, and passes sentence accordingly : after which an yes ! is made for dissolving the commission, and thewhite rod is broken by the high steward,and the solemn and august court is broken up.* * "^J^^^^' The lord high steward does not vote himself on a trial by commission, Ijut only on 422, &c. a trial by the house, while the parliament is sitting. When a peer is tried by the lords in full parliament, the house may be adjourned as often as there is occasion, and the evi- dence may be taken by parcels ; and it has been adjudged, that where the trial is by commission, the lord high steward, after a verdict given, may take time to ad-\ase upon it ; and his office continues till he has given judgment. But the lord's triers may not separate upon a trial by commission, after the evidence is given for the king ; for it has been resolved by all the judges, that the peers, in such case, must continue together tiU they agree to give a verdict. t + State A peer of the realm, arraigned in parliament, must be tried before a lord high stew- y^^ j'^ ard, and, if he appear not, he shall be outlawed : and he cannot waive a trial by his peers ; p- 702 ; for, if a peer, on arraignment before the lords, refuse to put himself upon such trial, he p. 657. shall be proceeded against, as one who stands mute. But, if one, who has a title to a peerage be indicted and arraigned as a commoner, and plead not guilt)', and put himself upon his countr)', it hath been held, that he cannot afterwards suggest that he is a peer, and pray trial by his peers. J t 3 Inst. 30. The sentence against a peer for high treason, is the same as against a common sub- Dalis 16. ject, though the king forgives all but beheading; which is a part of the judgment. For other capital crimes, beheading is also the general punishment of a peer, which is by the special srace of the king, and not ex debito.h Thus, in the 33 Hen. VIII. the lord Dacres was § Brook, attainted of murder, and had judgment to be hanged. Also in the 3 & 4 Phil, and Mar)', the lord Stourton, for a Uke offence, had the same judgment ; which sentences were both executed. And the 34 Geo. II., Lawrence, earl Ferrers, was hung at Tyburn for the murder of his steward. If execution be not performed, the lord steward may by his pre- cept command it to be done.|| II ^ ^'"*- ^^• When a peer of the realm is arraigned in appeal of felony, he shall not have the pri- vilege to be tried by his peers, as he should in case of indictment, but must undergo the ordinary trialU of twelve men. Also, in case of indictment, though a peer of the realm pig^s of the 2 Hawk. 425. 16 BARONIA ANGLICA CONCENTRATA. ^1°^°' T ^^^ '"^y ^^^ challenge any of his triers, either peremptorily or upon causes, which, in like Brook, 142. case, is permitted to all other common persons. Ferdin Poul- ton, 188. b. Book of Entries, tit. Appeals, FORM OF THE PROCEEDINGS ON THE KING'S WARRANT FOR SUMMONING OF A PARLIAMENT. The king, by his prerogative, has in himself the power of summoning, as also to * Pettus on appoint the times of 1>eginning, continuing, discontinuing, or dissolving of parliaments.* ed^t Teso ' This summoning is performed by the king's warrant, in his name ; and Ijy his autho- rity ; and from this warrant aU writs of summons for a parliament are derived. The warrant is in English, signed by the king's own hand, and sealed with his p^i^^ seal, or signet. But the writs are always in Latin, (or anciently some few in French), and are sealed with the king-'s great seal in his name, with a teste of his approbation, though not manually signed or sealed by him. The warrant is general ; viz. for summoning the nobility : as also, for the election of knights, citizens, and liurgesses. But the writs derived from these warrants are to par- ticular persons, of particular degrees. Before this warrant was issued, tlie kings advised with their privy council, which is manifested by the words of the warrant ; viz. " Whereas We, by our Council, l^c." Yet, if these words had been omitted at any time, the warrant was still held good and sufficient for due summons. The council so called priv)-, is the king's constant or standing council, as well in time of parliament as when there is none sitting : so as before a parliament is summoned, this privy council consults and deliberates concerning the motives and reasons for calling it ; and, after sucli deliberation, advises the king to issue the warrant. After the M^arrant is signed and sealed by the king, it is sent from the Signet office to the lord chancellor, or lord-keeper, who upon receipt thereof, issues out his warrant : also to the master of the Rolls, who likewise, upon receipt thereof, (as the chief clerk of the Petty Bag office), by the assistance of the former precedents, of writs, (and formerly by the help of the masters in Chancery), and by advice with the heralds as to titles and true names of persons, causes a schedule or digest of form of writs to be issued. This schedule or digest is fairly engrossed on parchment, as a record in this office ; and this record is then entitled The Parliamentary Pawn, which is, as it is said, the awarding of several writs for a parliament. Formerly these pawns, or records, some time jifter the dissolution of every parliament were carried to the Inrolment office, and then, among many other parliamentary matters transcribed into parchment roUs, and from thence, for more safety, carried to the Tower ORIGIN OF NOBILITY. l7 where they lost the name ofpavms, and were, and are still called Parliament Clause (or close) Rolls. It is to be observed, that, in the writs to the dukes, they were summoned to be present in parliament, cum 7nagnatibus et procerihis; and so are the marquesses, earls, viscovmts, and barons: yet the patents to tlie dukes place them, inter proceres et magnates, or lords, — putting jn-oceres or peers before maynates or lords. And in the patents to marquesses, they are placed inter alios marchiones ; the earls, inter alios comites ; the viscounts, inter alios vicecomites ; and the barons inter alios barones. But none of the lords patentees, (except the dukes, in relation to their places), take any notice of the position inter proceres et magnates. For the earls' and barons' patents have reference only to their own degrees, and not to the three other degrees ; so as proce- res or peers is applied, as it would seem, only to the dukes, in their patents of creation. FORMUL/E OF PRACTICE ON CASES OF PEERAGE CLAIMS BEFORE THE ATTORNEY-GENERAL AND THE LORDS' COMMITTEES OF PRIVILEGES. On aU cases of claim* to the peerage dignity, a petition to his majesty must be pre- sented by the claimant at the office of the Secretary of State for the Home Department, who endorses thereon an order of reference from his Majesty to the Attorney-General, which is usually made in the following words ; viz. " WhitehaD, " His Majesty is graciously pleased to refer this Petition to Mr. Attorney General, to consider thereof, and report his Opinion what may be properly done therein : where- upon his majesty will declare his further Pleasure. " SIDMOUTH." But though this is the general practice of the present day, it was not always so; for some petitions made formerly, were referred by the king to special commissioners, as in the Wahul and Bemer's cases, (temp. Jas. I.) In the Berner's case, anno lyiTj to the ^ In the report by the Lords' Committee to inquire into all matters relating to the state of the peerage ; it is thus mentioned, viz. : whoever has claimed a Dignity, has sued for it to the Crown by Petition, which is in the nature of a Petition of right, now commonly referred by the King to the house of lords, for the advice of the house what ought in justice to be done upon the petition. This mode of proceeding is necessary because if the right heir has not pos- session of the dignity, it is in possession o no one. It is not in the King's hands ; and the ordinary proceedings, if the King upon misrepresentation seized lands entailed to the prejudice of the person entitled to the lands by force of the entail, would not apply. D 18 BARONIA ANGLICA CONCENTRATA. * Collins'e Pari. Free, p. 11. Earl Marshal, and also to the Attorney-general; and sometimes to the Lords' Com- mittees for Privileges, as in the Roos and Fitz- Walter cases, annis 1666 and 1667; and in the barony of De Clifford, anno 1690. In the instance of Mr. Wymbish, claiming to be (by curtesy) lord Taylboys, king Henry VIII. himself, with the tvvo chief justices — Dr. Gardiner, bishop of Winchester, and Garter King of Arms — heard, and decided upon the claim.* The petition should set forth the nature of the creation of the title claimed, and the course of descent through which the claimant assumes to be heir, which heirship must not be to the person last seised of the honour, but to the person first ennobled, miless there are sjiecial limitations in the patent, or charter of creation, in which respect, the said limitations or entail must be specifically noticed and followed. After the reference has been made to the Attorney-general and the order left in his office, he is attended (upon an appointment made) by the counsel and agent of the claimant, and the evidence is submitted to his consideration: before him, office-copies of public records, wills, &c. are sufficient; copies of parochial registers, signed by the ministers, and monumental inscriptions, &c., certified by afiidavit of the persons who made them, are received. Extracts from the archives of foreign monasteries, &c. were admitted in the Beaumontt and Stafford cases, upon the oath of the person who had made them, that 7795 & 1796. they were correctly and faithfully taken. A monumental inscription, once existing m a monastery in France, was allowed (in the Beaumont case) to be read from a printed book, entitled, "Memoires des Constitutions des Benedictim Anglois" on its being proved, that there was still remaining in the said monastery a stone, on which, though then appUed to other purposes, and in great part defaced, were still legible letters exactly correspond- ing with the incipient letters of several Imes in the printed inscription. Depositions on oath have been received by the Attorney-general; J inasmuch as that officer can neither examine parties on oath, nor compel the attendance of reluctant witnesses. But depositions are not receivable before the house, where the parties are alive, and are under no incapacity of attending; for their attendance can be enforced by the order of the house. Where a second petition is presented and referred, though no new matter is alleged, it has been decided that the Committee of Privileges could not be giiided by what had been done by any former committee, and, therefore, that aU the evidence must be given again, except in the case of parole testimony, where the witness was dead; and then, upon proof of such death, the former evidence might be read. Thus, Mr. Stapleton ha\'ing received the opinion of the house of lords, that he was not sole heir to the barony of Beaumont, claimed by him on the ground that the blood of the other co-heir was attainted, and, as such, dead in law, the same as if the party had died without issue, — t Coram Dom. Pi'oc X Somerset ciiie, cum mult, aliis. ORIGIN OF NOBILITY 19 presented a second petition, to be declared one of the two co-heirs: the petition, like the former, was referred, first to the Attorney-general, and then to the house of lords, when their lordships resolved as before mentioned,* * Journ. On the Berkeley peerage claim,t in 1810, the Attorney-general (Sir Vicary Gibbs) ngsle. thus expressed himself in his report; viz. "I was also informed, that the petitioner had *g5g"cor much parole testimony to bring forward, for the purpose of explaining the fact of this Dom. Proc. second maniage, and estabhshing the validity of the first. Under these circumstances, having 710 power to examine Xhe witnesses, who might be called before me, upon oath; and seeing that, loithout such an examination, the validity of the first marriage, upon which the claim of the petitioner altogether depends, cannot be brought to a satisfactory decision, I have followed the usual practice of my predecessors in office, where the case before them has been attended with doubt or difficulty, and humbly advise your Majesty to refer the annexed petition to the house of lords." From this inability to examine upon oatli, it is manifest, that depositions are the best e^adence of parole testimony, which, in the first instance, can be brought for^-ard ; for, although the parties are not liable to an indictment for peijury on a voluntary affida- vit, yet the solemn manner in which the affidavit is sworn, cannot but be considered as a correct and deliberate declaration of the deponent's knowledge of the points in question, and, consequently, more satisfactory than a personal examination, where no oath can be administered. These depositions being left ^vith the Attorney-general, they are (provided the case goes before the house of lords), afterwards required to be verified before the Lords' Committees of Privileges ; and the deponents being then sworn at the bar of the house, are examined as to the facts asserted by them, and thenceforth, on prevarication, are open to mdictment. In the Bemei-'s case,J the house being informed that colonel J May 2. Thomas Earle, was at the door, and desired to prove his affidavit of the death of captain jjom Proc Tliomas Glemham, in order to be made use of at the Committee of Pri-\dleges (to whom the claim was referred), he was thereupon called in, and owned the same at the bar, and then withdrew. The report of the Attorney-general may, in some instances, be final and conclusive, as was that of Sir Samuel Shepherd on the claim of Mr. Hastings to the title of earl of Huntingdon in 1819; and of Sir Robert GifFord in 1823, on the claim to the title of lord Dormer. ^Vlien the Attorney-general reports for a further reference to the house of lords, the form of granting it is thus; viz. " His Majesty has been pleased to refer the said petition, together with the said report of the Attorney-general, to the right honourable the House of Peers, to examine the allegations thereof, as to what relates to the claimant's title therein mentioned, and to infomi his Majestj' how the same shall appear to their lordships." 20 BARONIA ANGLICA CONCENTRATA. After this reference, and the same has been moved in the house of lords, and by them referred to their Committees for Privileges, the claimant's printed cases, signed by two counsel at least, must be sent to the clerk of parliament for the use of their lord- ships, fourteen days before the sitting of the committee : their lordships are then to be moved, on petition, to appoint a day for hearmg the case in their committees; on this occasion, original wiUs, the parish register-books, and the records from the public offices, must be aU produced by some officer from the respective depositaries, and an order of the committee should be moved for, to be served on the respective parties for their attendance, and production of the original documents and instruments wanted. The usual form of an order of this kind, is as foUows : — "Die ,18 . " Ordered by the Lords Spiritual and Temporal in Parliament assembled, that the Reverend do attend on next, to be sworn, in order to give Evidence, and produce the original Registry-Books of Baptisms, Marriages, and Burials of , on next, before the Committee for Privileges, to whom the petition of , claiming the Barony of , with his Majesty's Reference thereof to this House, and the Report of his Majesty's Attorney-general, thereunto annexed, stands referred. A. B. Cler. Parliamentor'." When the counsel for the claimant has opened the case, the evidence on his behaK has been completed, and his counsel has summed up the same, the Attorney-general (who always opposes on the part of the crown), is heard in answer thereto, and when he has concluded his objections, the leading counsel for the claimant makes his general reply. Whereupon their lordships, having considered as well of what was offered by the petitioner's counsel, as by the counsel on his Majesty's behalf, and the several proofs adduced on the case, resolve that the petitioner has, or has not proved his claim; and has or has not a right to the peerage in question. This report having been read, and agreed to by the house, it is then resolved and adjudged by the lords spiritual and temporal in parliament assembled, that the said A. B. hath a right, or hath not, to the said barony of C . It is then ordered, that the lords with white staves attend his Majesty with the said resolution and judgment, who, having so done, afterwards report to the house his Majesty's approbation of their lordships' resolution and judgment. REFERENCE TO CASES AT COMMON LAW, &C., AS TO POINTS OP EVIDENCE IN SUPPORT OF PEDIGREE. 1. Exemplifications of letters patent, 3 Woodd. 324, 3 & 4 Edw. VI. c. 4; 13 Eliz. c. 6. I ORIGIN OF NOBILITY. 21 2. Grant of land before inquisition void, 18 Hen. VI. c. G. 3. Bankruptcy does not affect the estate, 21 Jac. I. c. 19. s. 12. 4. A general history of a pul)lic matter. Woodd. 322; 1 Salk. 281; Skin. 15. 624; 12 Mod. 86; T. Jones, 164; Burn's Iiid. 155.pl. 3; BuU. N. P. 248. 5. The rolls or ancient books of the Herald's office. 1 Salk. 281: T. Jones, 224; Cowp. 63; Str. 161; 3 Woodd. 321; Bull. N. P. 248. 6. The original will or ledger-book, proof of relationship. Raym. 744 ; BuU. N. P. 246. 7. Proof of heirship to person last seised. 8 Co. 88. b. ; Bull. N. P. 116. 8. Comparison of hand-WTiting and seals. Bull. N. P. 236; Hard. Ch. Dec. 1746; Mod. 117; Lev. 25; Palm. 427; Bac. Abr. 660; Bull. N. P. 252; 3 Woodd. 329. By inspectors of franks. 4 T. R. 497; 4 Esp. 117- 9. Affidavits of persons deceased, where extra-judicial and the party deceased. Str. 35; 3 Woodd. 311. 'Wliere Hearsay, and the party refused to be sworn. 2 Term. Rep. 203-4. n.; 3 Woodd. 311. n. 10. Declarations of uninterested persons who are dead. Burr. ; Settl. Cases, 243. 701; 3 Term. Rep. 720, Ashurst, j.; 2 Bac. Abr. 663. 11. Declarations of members of a family, and others who are intimate. 3 Term Rep. 721, Kenyon, c. j. 12. Entries in bibles, and tradition. 1 Coa^^. 591-10; East, 120, Le Blanc, j. 13. * Hearsay and reputation. Bull. N. P. 294; 3 Term Rep. 709, Grose, ^,; 3 Term * Doe. v. Lord. Rep. 719, BuUer, j. Though from a stranger. 15 East, 293. By a relation. lOBMOEwt 14. Letters of a steward deceased, to explain a deed. 1 Barn. & Aid. 247- ^20 15. Documentary, wiUs, declarations of relations. 18 Ves. 445, Eldon, C. 16. Secondary evidence. 13 Ves. 143, Erskine, C. 17. Pi'esumptive in matters of antiquit)'. 12 Ves. 265-6, Erskine, C. Of enfran- chisement against, and grant from the crown, 11 East, 280. 488; Cowp. 102, and 1 Fonbl. E. 329; Cowp. 217; Burr. 433. Of formal ceremonies; as Livery, &c. 2 Freem. 106, and 1 Vern. 32. 195; 2 Vern. 516; 3 Brown. 516; Cowp. 595; 2 Bac. Abr. 660. Of death without issue. 1 Black. Rep. 404; 2 Black. 1228; 1 Term Rep. 2/0 4 Term Rep. 682; 11 Ves. 350. In the Huntingdon peerage claim before the Attorney-general, letters from a former earl to the then claimant's father, proved by comparison of hand-writing'ioitJi the signature to the will of the same earl, were received in evidence. Also, the affidavits of a stranger, as to the reputation of the county in favour of the claimant's descent and family con- nexion, were received as evidence to confirm the pedigree, and the like affidavits to prove other facts.f t BeU's Earld. It may not be irrelevant to observe, that the same rule, with regard to evidence, has 348-359. ' ^^ not been followed by every Attorney-general; one sometimes requiring what his prede- ,,.,,. t Montague & cesser had rejected. J i^eigh Cases. 22 BARONIA ANGLICA CONCENTRATA. THE FOLLOWING OBSERVATIONS WITH REFERENCE TO PAROCHIAL REGISTERS, THEIR ADMISSIBILITY, AND UTILITY MAY DESERVE NOTICE. These registrations generally constitute a material point of evidence in peerage claims, and claims to property ; and there has been scarcely any case in which these re- cords have not been more or less referred to. The lord chief justice Best in his charge to the jury, in the case of the Attorney-general v. Oldham, observed, " All the property in this country, or a large part of it, depends on registers ; and M^e must see our way clear, before we shake the authenticity of registers." In questions of legitimacy, however, it is to be observed, that the entry of the bap- tism of a child, who is described as the son or daughter of James Jones, and Mary his wife, would not be evidence of legitimacy, for it may have been so entered of a child born before the marriage of the said parties ; but provided the day of birth were added, then it might be evidence, because the time of marriage of the parties might be ascertained by reference to its registration. The marriage is first requisite to be shown ; and then the baptism, or rather birth of the child; for it might be born, long before baptism, which is no unfrequent case. To prove the fact of death, the register of burials is generally produced ; but it not uncommonly happens that families are scattered abroad, and if persons of no high con- sideration in life, have not kept up correspondence with then- friends, or connections at home ; and therefore their existence or death is unknown : in such instance, reputation of their having gone abroad, and not heard of subsequently, becomes the only evidence, * Peake on or rather presumption of their decease ;* and in Dore v. Jesson,f the court held that t e'. East. 80. absence for seven years was sufficient. Tlie register of the na\'y office has been admitted evidence to prove the death of a + Bull N. P. sailor ; J and similarly the returns of the war office, may be deemed e\adence of the deatli ^^^- of a soldier.^ With respect to the Fleet, May Fair, and other irregular places of marriage, it is to be remarked, that in the case of Dore ex. dem. Orrell v. Maddox, lord Kenyon, in sum- ming up, observed, " That he admitted in evidence the register of the Fleet marriages, because former judges had done so ; but he desired that his having done so, should not be understood, as thereby sanctioning their admission ; nor should his authority be cited in future for that purpose, as he was of opinion they were liable to many objections." — a There can be no burial registers of those who fell at Waterloo ; nor those who were lost on board the Presi- dent Steam Packet ; the place in which she was lost being unknown, or by what misfortune the catastrophe occurred. ORIGIN OP NOBILITY. 23 And in Read v. Passer,* his lordship, after referring to what took place on the above oc- * PeaUe.N. P. casion, said, that " in a case at Shrewshurj^ assizes, in 1 794, the Fleet registers had been admitted by Mr. Justice Heath ; but notwithstanding his respect for that learned judge's opinion, he thought himself bound to dissent, and to give it as his settled opinion, that they were a species of evidence which ought never to be admitted." " In a case before lord Hardwick, wliere a book of this sort was offered in e^^dence, he tore it, and said, such e\ndence should never be achnitted in a court of justice, and that lord C. J. de Grey had been of the same ojjinion. In the case of Lloyd v. Passing- ham in 1809,t lord Eldon said, "I give no opinion that the Fleet register is evidence as •)■ ig Veseyso a register ; but I am not prepared to say it may not be received as evidence of a fact, and I can suppose a case in which such e^ddence might be received, — on a question of pedi- gree would not that entry be admitted, not as a register, but as a declaration under the hand of a party?" ^ In Northey v. Cook, the marriage in question took place before the marriage Act, when marriages were not solemnized, or registered with the regiilarity required by that act. In this case it was stated, that to hold the certificate of the marriage registry indis- pensable, would be absurd ; reputation, cohabitation, and mutual acknowledgements suffi- ciently proving such a marriage. The marriage act having been repeatedly held not to take away the ancient mode of pro\dng a marriage by presumptive evidence :f — and lord + Vide Bl.^i. Kenyon, in a case at nisiprius said, that though the marriage act introduced a register of Douglas 171, marriages ; yet registration made no part of the A^alidity of a marriage, but only went in proof of it. § § Rep. 1. 21 1. In the case of the Attorney-general v. Oldham, counsel objected to the CAndence of bishop's transcripts, as being copies, not duplicates ; but baron Gurney considered he was bound to receive it, because it came from the proper custody, and purported to be an a Charles, Duke of Bolton was married to Mrs. Mary Brown, at May Fair Chapel, — the entry was abstracted, — the cause is well known. The duke's demise, by his own hands, followed not long after. His daughter by Mrs. Brown, was the mother of the present Lord Bolton. l> In the claim to the Barony of Say and Sale, by the father of the present Lord, the marriage of Colonel Twisle- ton, the claimant's father, depended upon a Fleet register ; but which was supported by reputation, cohabitation, and the testimony of several persons of high distinction, who visited his family, and would not have so done, had they not believed the Colonel to have been married. The Editor has here to mention, a cucumstance probably never yet known to the public. William, Viscount Poultney, only son of William, Earl of Bath, (who died vita patris), was mai-ried at the Fleet to a woman of very low degree ; and shortly after, being sorry for his imprudence, mentioned what he had done to his (the editor's) late father, who was very intimate with him. It was then agreed upon between them, to endeavour to get the registration erased ; for which purpose the editor's father went to the Fleet clerk, and offering him a guinea for the erasure ; the clerk tore out a whole leaf, on which were entered many more marriages. Some years ago, a person assumed to be the son of that marriage, and laid claim to a considerable part of the Bath estate, which led to the editor's father mentioning the circumstance. 24 BARONIA ANGLICA CONCENTRATA. instrument required bylaw to be deposited there; and that the object of these transcripts would be lost, were they not receiA-able in evidence. Upon a question of pedigree, (Walker v. Wingfield — 18 Vesey 443.) lord Eldon ob- served, that the canon provides the mode in which registers are to be kept, and accord- ing to the sort of registers that are received, it is difficidt to say why the Fleet registers are rejected. It is difficult to say upon what principle a copy is received, except that the register cannot conveniently be spared from the place where it is supposed to be deposited. I know, continued his lordship, that instances have occurred of an estate being recovered by producing the copy of a register, when no credit was due to the original," and am satisfied, that the security of title is best preserved by the production of the original re- gister, and not admitting a copy, than by any other rule guarding the inheritance. In a case, " the King v. Clapham" (4 Carrington and Payne, 29) that an entry of the day of baptism of a person, and the day also on which such person was born, it was observed by lord Terterden, C J., to be no e\'idence of birth, but a proof of baptism. In claims to English Peerages, the Rule of the House of Lords has been ever since the Chandos case, not to receive copies of registers, but to require the original parochial registers to be produced, excepting that the same rvde, has not yet been applied to Scotch * Marchmont ^^^ \r\s\\ peerage cases, in which copies have only been taken and received de bene esse.* and Roscom- There was a person professing to be connected with the family of Derwentwater, mon Cases, co- ..... ram DomProc. who, on an occasion produced the supposed copy of a register which gave him a connec- tion with that family, and a claim to a very large estate. Tlie case went on for some time, and the register was conceived at the College of Arms to be genuine ; but at last the original was seen, and the copy had no validity. The Visitations in the College of Arms, have frequently been brought forward in evidence of family descent. But these visitations diifering often from each other, accord- ino- to the times they were made, are not always deserving much credit. Tlie following copies of one in 1612, and of another in 1665, respecting the family of Stapleton, may serve as a specimen of contradictor}' statements : when these kind of genealogical docu- ments, composing what are called the Records of the College of Arms, are brought for- ward on peerage claims ; it seems that it would be expedient not to rely upon any one, without ascertaining whether there was any other relating to the same family. Tlie fabrication made by young pupils, has probably been followed by them, from the practice of their old masters : or why should apprenticeship to a calling be necessary unless it were to learn the art, and mystery of that calling ? a Even where an original Parochial Register, or one purporting to be so, is produced, it might be well to require also the bishop's transcripts, to see how far they corresponded ; for in many instances they have been found not to agree, whereby false entries in the parochial entries have been detected. ORIGIN OF NOBILITY. 25 STAPLETON.— Visitation, 1612. Nicholas Stapleton=i= Miles Stapleton.=T=Sibel daughter of John Bellew. Nicholas Stapleton-pElizabeth daughter of Richmondshire i of John Ricbmont. Sir Gilbert^pAgnes daughter and coh.=T=Sir Thomas Sheffield, kut. Stapleton. | of Bryan Fitzalan. 4~(second husband.) Sir Miles= Staple- ton. . d. of Sir Henry Va- vasour. . d. & coh. of .... - Ingham of Nor= folk,(lstwife.)— Sir Thomas Stapleton. I Eli2abeth= :Sir Miles Staple-" ton.— ^tavltlon of Korfolft, ^Catherine d.ofThos. (1st, de la Pole, wife) .(2nd. wife) 1 . . =SirBryanStaple-=?: Alice, d. ton, K. G.— Irtapleton of (ffarlcton. &h.ofJo. PhiUbert (2d,wife) . . . Metham. Sir Miles t=. . . . d. & h. of iBttjam. Stapleton, I Robt. Ufford. Sir Bryan Stapleton^p. . . . Pellewe. Sir Bryan=pElizabeth, d. and coh. of Stapleton..4^Sir William Aldburgh. (From this match descended Stapleton Of (ffarlcton.; Sir Miles Stapleton^ d. of de la Pole, Earl of Suffolk. Sir Bryan Stapleton^ Elizabeth Staple- = Sir Philip ton, d. & coh. Calthrop. Chr. Harcourt.=pJane, or Joan StapIe-=f:John Huddleston. (first husband.) | ton, d. and coh. | (second husband.) 4 Miles Stapleton, esq. died s. p. Miles Harcourt. Richard. Edmund. Elizabeth. John Huddleston. STAPLETON.— Visitation, 1665. .... stapleton^ Sir MUes Stapleton, of Wighill=j= 1, — Gilbt., ob. s. p. 1 ; I 2. — Sir Nicholas Stapleton.=f=Sibel daughter & heiress of John de Bella aqua. 3. — Gilbt. LT 1 . — Sir Miles Stapleton, one of the founders^ (so) to John, Duke of Brittannie of the Order of the Garter, temp. Edw. III. I and Richmond, a 2.— GUbert, a Priest. I . — Sir Nicholas Stapleton- J---- 2. — Sir Gilbert Stapleton=pAnn, d. & coh. of Sir Bryan Fitz-Alan of Bedale. I ' i Thomas Elizabeth= Sir Thomas Metham, Sir Bryan Staple=T=. . d. & coh. of SirMiles Stapleton of. -^ Stapleton, Stapleton, sis- of Metham. — ton, K.G. — staples Sir John St. in Norfolk — staplCtOU died B. p. terandheiress. iWetljam. tOU Of CTai'lcton. Philibert. ofNorfolfe. Sir Bryan Staple-=p d. & h. of Sir Wil- ton. liamAldburgh, knt. (Stapleton of (ffailton.) Sir Miles Stapleton- of Wighill. I r John, ob. s.p. Sir Miles Stapleton^f: of Norfolk. I (Stapleton of aaaigjill.) Sir Bryan Stapleton.: T Sir Miles Stapleton=j= Elizabeth, daughter and co-heir= Richard Harcourt. Joan, daughter and co-heir=Sir Philip Calthrop. » This statement, though made in this Visitation, and similarly in a Pedigree in possession of the Editor, is Tery questionable. E AN ACCOUNT DIVERS EMINENT PERSONS TO parliament; but whose families are not noticed in the BARONAGE, OR PEERAGE HISTORY, OF THAT CELEBRATED HERALD, OR OF ANY OTHER GENEALOGICAL WRITER. PRELIMINARY OBSERVATIONS. In presenting to the public the following account of some very eminent persons, of whom no mention has been hitherto made in any genealogical work, it is to be observed, that Sir William Dugdale, in his Preface to his celebrated Baronage, has stated ; viz, * Rot. Vase. " But to point out who they were that had their first rise by writ of summons until * the 22 Edw. I. and afterwards, passeth my skill, there being no public record that doth make mention of them till then, excepting" that of 49 Hen. III., which only taketh no- tice of those who were in the king's name summoned by the rebellious barons to that parUament which they held, whilst he was their prisoner. " Perhaps it may be doubted by some, whether every family, of whom I have discoursed in this first tome, were strictly barons by tenure or not, because nothing doth appear by inquisition, of some, that they held by barony, or by any other memorial of their reliefs ; to satisfy, therefore, the curiosity of such, I say, that, having found, from the notes of some former judicious antiquaries, that they were so reputed, I deemed it a safer error to take notice of them in that qualification, than by their omission tacitly to conclude them otherwise." a The writ of the 45 Hen. III., with the names of those who were then summoned to attend a parliament or great council, called by the king to meet at London, presents rather a disproval of this assertion with regard to the silence or deficiency of the public records. BARONES PRETERMISSI. Now, by these precursory remarks, it is evident, that Dugdale was by no means as- certained as to the quality of the parties forming the subject of the early part of his historj', and has therefore given place to some who probably had no right to such dis- tinction ; while he has omitted others who ought to have been noticed, and has done all this at the same time that he was giving reasons for making, as it were, a general com- prehension of baronial families. On referring to divers persons mentioned by that famous herald, it certainly will be evident, that several of them had less reason for behig treated of, than some of those who stand mentioned in the following pages, for being passed over in silence by him. Indeed, it is not a little singular, that Sir William should have recited, in what is termed his Lists of Summons to Parliament, many writs, as the 24, 26, &29 Edw. I., the 1 & 35 Edw. III. (which, in fact, are only writs of ser\-ice), while he has left out innumerable others between the 6th of Iving John, and 22 Edw. I., which were eqvially as much entitled to have been set forth. If he meant to intimate that those persons who had simimons, from the 49th Hen. III. and 22d. Edw. I. had their writs addressed to them in the character of barons, then ought they to have been noticed by him in such character : but, if the writs of summons were not addressed to them in the said degree, and were not sum- monses to parliament, but merely summons of service, then were they as irrelevant to recite, as those which for that cause previous to 49 Hen. III. he has suppressed. Thus, in his said lists, he has not given that wTit of 45 Hen. III., by which the king summoned his faithful nobles to assemble at London, to consult with him upon the then perturbed state of the nation, and to do those things which might be most expedient and fitting for the occasion ; which summons not only has the names of those persons who by the consimilar writ were required to attend, but has words of legislation in it, which are not contained in those of the 5, 24, 26, and 29 Edw. I., or of the 1, and 35, Edw. III. : the copy of the \\Tit itseK will, however, best explain its import and nature. Anno 45 Hen. III. Rot. Claus. m. 3 Dorso. " Rex Witto de Bello Campo de Auniert, saltrri mandamus vofe in fide & homagio quib} nob tenemini firniir injungentes qd omnib5 aliis ptermissis ad nos sitis Lond. in cras- tino Aplo^ Simonis & Jude Absq^ dilone ultiori cum equis & armis & cum posse vfo tam de servicio vfo nob debito quam de subvencoe amico} vro3 pro quib^dam urgentib} nego- ciis psonam nfam specialit* & statum corone nre contigentib}. Et hoc sicut de vra fidelitate & dUeccoe confidencia gimus, specialem nullatenus omittatis. Quia subvencoem quas nob & corone nfe pter servicium nob debitum ad psens fecitis in consequenciam trahi nolumus, nee vob jp hoc ullo terape derogari. Tahr vos heatis in hac pte qd dco die absq, defalta ad nos sitis, ita qd vob exinde perpetuo teneamur ad grates. T. R. apud turrem Lond xviij die Octobr." 27 28 BARONES PRETERMISSI. Eodem modo Pho Basset Wittmo Mauduit de Helmsley Henr de Pynkeny Witto Marescallo Robo de Sco Johe Reginaldo de Pavely Rico de Munfichet Maur de Berket Rico Basset de Weldon Hug de Nevill Walto de Dunstavill Johi de Muscegros Rado Gemun Rado Basset de Sapecot Rofeo de Tatteshal Henf Engayne Rogo de Maubray Petro de Malo Lacu Johi de Baillol Andf, Lutterel Thorn de Fumival Hug. de Cressy Walt de WahuU Rado Basset de Draiton Witio de Oddingesel Watto de Clifford Hugh Peverell de Saunford Witto de Wilton Hamoi de Creuequer Rado de Kameys Andf Pev'el Henf de Novo Burgo Almarico de Sco Amando Pho de Arcy Wittmo de Sey Jacobo de Aldithet Rico de Grey mandatum est : Johi Estrange Senior Roho de Nevill Nicho de Bolteby Rico de Tani Witto de Kaymes Witto de Furnival Nicho de Bolevill Roho Aguylun Witto de Harecourt H. de Ver, com. Oxon Witto le Moyne Philippo Marmyun Robo Tregoz Griff 10 fit Wennuwen Henf de Tracy Johi Giffard GUbo Peche Rado Saunzav Rado Musard J. de Plesset Witto Bardulf Robo de Ros de Belvo GUbo de Gaunt n^ Roglo Bertram de Bothal n^ Petro de Brus Witto de Munchenesy Witto le Blund Jacobo de Paunton Henf de Erleye Robo de Bello Campo Henf de la Pomeray Henf de Hasting Fulcoi fil. Warini Witto de Monte Canisio Nicho Poynz Johi de Baalun n^ Robo de Caunvill BARONES PRETERMISSI. 29 Witto de Breus Reg fit Petri Thomfn Corbet Fracoi de Boun Robto fit Nichi Ade de Novo M'Hcato Rado le Botyler Wifto de Ros Rog Bert^m de Mideford Hugg de Bolebek Gilbo Hansard Witto de Huntingfeud Robo de Ferar Matho Loveyn Balde\vino de Insula com. Devon Humfro de Bohu, com. Heref. Guidoi de Brunie Johi de Curtenay Roglo de Sco Jotie Johi de Wauton Egidio de Clifford Ade de Peryton GaLffo de Maundevill Johi fit Alani Ade le Despensl Rado de Gorges Arnaldo de Bosco Johi fit Phi Robo Ve?i Ponte Henr de Percy Witto de Huntcube R. de Quency, coin Winton Anker de Freschenvill Baldewino Wak'. i^r Abbi de Burgo Sci Petri satm mandam vob in fide & dilecone quib} nob tenemi #mit injungentes qd oiiiib} aliis ^termissis mittatis nob s^viciu vrm quod nob debetis* Ita qd sit ad nos in crastino Sci Martini abs(^ defalta p quib3dam urgentib3 negociis psonam nram specialit & statu regni nfi tangentib}. Et hoc sub debito fidelitatis qua nob tenenii nullaten omittatis. T. ut s'. Abbi de Rammiseye Abbi de Thomeye Abbi de Sci Aug'tini Cant Abbi Sci Albani Abbi de Bardeneye Abbi de Tavestok* Abbi Sci Edmundi Abbi Westin Abbi de Certes' Abbi de Hida Abbi de Colecestr Abbi de Bello Abbi Abbotisbir Abbi de Winchcube Abbi de Psore Abbi Sci Benedci de Hulm Abbi Sci Petri Glouc. Abbi de Malmisbif Abbi de Schireburii Abbi de Middilton Abbi de Rading Ab^i de Michilney Abbi de Abendon Abbi de Cerne Priori de Coventf Abbi Ebo^ Abbi de Eynesham Abbi de Witeby Abbi de Croiland Abbi de Waltham 30 BARONES PRETERMISSI. Abfei de Evesham Abfci Cestr Abbi de Osii Abbi Salop Abbi de Dunstaplt Abbi Leic. That these writs of summons were to parliament, is rendered evident from the fol- * HoUnsbed's lowin^' notice made by Holinshedj* of the circumstances attendant upon that affair ; viz. Chr. Voi. II. p. 454— 4C0, new edit. Anno 45 Hen. III. A.D. 1261. " After Christmas, the king coming into the Tower of London, fortified it greatly, and caused the gates of the city to be warded, sendiny forth commandment to the lords that they should come to the Tower, there to hold a parUament : but they flatly denied so to do, sending him word, that, if it pleased him, they would come to Westminster, where usually the parliament had been kept, and not to any other place. Whereupon there rose great dissentions between him and his barons." The nature of this writ being considered, with the observations of Hollinshead upon it, there appears every reason to conclude, that the persons to whom the same was ad- dressed, were then reputed as nobles of the realm ; which, if so, — (for what other persons could be summoned to parliament by the same writ singiilatim as the lords ?) — there seems no reason why Dugdale should have passed over this writ in his lists of summons, while he has thought fit to notice such writs as the 5 Edw. I. and 1 & 35 Edw. III., which merely, in the two first cases, were writs of service ; and in the last instance, was a convention of a council for a particular and distinct occasion, in relation to the affairs of another kingdom. The following is the copy of a writ of summons, mentioned in Dugdale's list, whereby certain persons, to whom the same was addressed, were required to give their attendance at a great council, summoned to meet at Newcastle-upon-Tyne, anno 24 Edw. I. ; viz. Clans, in Dorso. m. 12. " Rex dilecto et fideli suo Rog' o le Bigot, corn Norif et Maresc Angt salutem. Quia Joannes Rex Scotiee aliqua contra fidelitatis suae debitum, in Icesionem coronse reo-ni nostri, ad quam integram et illcesam conservandam et defendendam, sacrament vinculo astricti estis, jam de novo (ut accessimus) perpetravit ; per quod ad partes Scotiee in brevi, iter arripere intendimus, ad apponendum contra hujusmodi perpetrata remedium, quod de nostro consilio viderimus opportunum ; vobis mandamus, rogantes in fide et dilectione quibus nobis tenemini, firmiter injungendo : quatenus primo die mensis Martii proximo future sitis ad nos apud Novum Castrum super Tynam, cum Equis et Annis, quanto decentius et honorabihiis poteritis parati, et prompti, ad faciendum ea, qua tunc temporis de nostro consilio duximus injungendum, ita quod vobis inde grates referre merito BARONES PRETERMISSI. 31 teneamur ; quid ante super hiis duxeritis faciendum nobis quam citius nuncieritis. Teste Rege apud Westin xvj. die Decembris." Consimiles literae diriguntur subscriptis ; viz. &c. Now, of thirty-seven persons to whom these consimiliar letters or writs were addres- sed, the twenty-two names hereafter mentioned, arc unnoticed by sir Wilham Dugdale in his History of the Baronage of England. Roberto filio Walteri (de Daventrc) Radulpho tilio Bernardi Roberto Hastings Almarico de Nodariis Johi Pej'vre Laurentio de PaveUy Richardo de Coleshull Johanni de Pabenham, jun. Wilhelmo Bouteveleyn Johanni de Morteyn Waltero de Pavilly Roberto Russell Galfrido de Stowey Ranulpho de Ry Johi Cogan Tliomee de Wyneslee Radulpho Wake Nicholao fiUo Radulphi Richardo de Wyndesor Richardo de Ken Roberto de London Jolianni de Acton Having thus stated the names of those persons who are unnoticed in Dugdale's Baronage, but to whom writs of summons consimilar to that addressed to Roger Bigot, earl of Norfolk, was directed as before mentioned in the 24 Edw. I., it remains to make a few observations upon the writ itself. By the 17th and 18th Articles of Magna Charta it is stipulated and conceded, that the g7'eat barons, upon all occasions of summons, shall be called together by the king's writ, addressed to them singulatim ; but that the other tenants in capite shall be sum- moned by the king's writ addressed to the sheriff of the county. Now, it appears that, on this particular occasion, the Exemplar writ was addressed to Roger Bigot, earl of Norfolk ; and the Consimilar writs were directed to some certain persons who are noticed by Dugdale as barons of the realm ; and to certain other persons, who, although unnoticed by Dugdale, in his Peerage Historj^, as barons, are yet, never- theless, included in the same list, as those very barons' peers. From this circumstance it would seem, that the parties in question were either actual barons, or had the reputation of being such : and this point obtrudes itself as so much the more evident, because divers other persons in the capacity of great landholders are on the very same occasion required to give their attendance at Newcastle-upon-T\'ne, bv virtue of a general precept, thus* set forth ; viz. * Dugdale's Lists Sum. p. 16, 17. 32 BARONES PRETERMISSI. " Sub eadem forma scribitur magistro WUlielmo de Bosco ; sub ista tamen mutatione ; quod ubi dicitur supra scriptis, quod sint, ^c. Scribitur ei quod mittat aliqiios de homin- ibus suis apud novum castrum cum equis, &c. ut supra, ad faciendum ea quae eis tunc temporis, &c. ut supra." Somers'. Dominus Johannes de Shor Dominus Mattheus de Furneis Dominus Willielmus de Estotvill Dominus Simon de Rale Dominus Johannes le Waleis Dominus Hugo le Prouz Glouc'. Dominus Roger Perceval Dominus Petrus Crok Dominus Robertus le Veel Dominus Thomas de Berkele Dominus Nicholaus de Ba Dominus Robertus de Berkele Leic'. Dominus Robertus Ros de Gedney Dominus Roger de Huntingfield Dominus Robertus de Kirketon Dominus Thomas Bardolf Wilts. Dominus Nicolaus de Hoese Dominus Johannes de Holt Devon. Dominus Henricus de Rale Dominus Gilbertus filius Stephani Dominus WiUielmus le Prouz Coniub'. Dominus Radulphus de Bloxho Dominus Walt, de Treverbyn Dominus Richardus Hywis Domimis Roger Carminou Dominus Willielmus de Chambernoun Dominus Richardus de Buslingthorp Dominus PhiUippus de Tlieford Dominus Jo. de Albaniaco Dominus Radulphus Paynell Dominus Jo. Marmyon Dominus Jo. de Staunton Dominus Alexander de Montfort Dominus Radulphus de Freskeny Dominus Adam de Arderne Dominus Robertus de Brakenbergh Dominus Alexander de Botheby (de Kesteven) Dominus Tliomas filius Eustach' Dominus Radulph' de Sancto Laudo Dominus Galfridus de Brunne Dominus Gregoi-" Duk Dominus Walranus de Mortuomari Dominus Jo. Goubard Dominus WiUielmus Disny WiUielmus de Basage Dominus PhiUippus de Gayton Dominus Johannes de Bosco Dominus Petrus de Gipthorp Dominus Simon filius Radulphi Dominus WiUielmus de Chadworth Dominus Hugo de Gorham Robertus Salman Dominus Jo. le Chamberleyn Thomas de Cadwrey Radulphus de FrescheviUe Rob. de Ros, Frater WiU' de Ros Petrus Loreng Johannes filius Simonis Willielmus de Bretoun BARONES PRETERMISSI. 33 Willielmus de Wilighby Thomas de Nevill Richardus de Draycot ( Dominus de Wyleton ) Johannes de Wadhill Richardus de Gobiun Willielmus de Hotot Galff fit Roberti (Dom. de Daventre) Joh de Rydell Robertus de Hoc Johannes de Ne\'yll Rogenis de Bello Campo Johannes NejTiiuyt Robertus de Gotez Gilbertxis de Houby Robertus de Gravelee OKverus le Zouche Johannes de Grimstede And? de Grimstede Walterus de Geddinges Johannes de Cantilupe Osbertus GifFord Egidius de Playz Thomas de MandeviU Nicholaus de Wokindon Jo de Beauchamp (de Fifhide) Richardus filius Simonis Mattheus de Love}m Drogo de Barentyne Alanus de Goldjmgham Richardus de Sutton Richardus de la Rokele Radulphus Perott Egidius Munp^mzan Robertus de Baiuse Johannes de Lovetot Henr la Moyne Thomas de Graunciirt Alexander Quintyn Willielmus fit Radulplii John de la Mare (de PerjTidon) Ricardus de Frev^dle Nicholaus de Oddingsele Gerard de Braybroke Johannes Ay\-ell Tliomas de Lysurs Petrus Pycott Robertus de Percy Johannes de Mews Wilhelmus de Aton Johannes de Fauconberge Willielmus de ColeviUe Aniald de Percy Richardus de Romundby Thomas de Hettengton Walterus de Gousill Robertus Ugthereth Johannes Sampson Thomas de Chaimcy Johannes de Pothon Johannes CoAmers Robertus de Flyxthorpe Alexander de Ledes Johannes de Seton Nicholaus de la River Roger Gruneth Johannes de Hotham Richardus Benteley Simon de Pateshull Gerard Salveyn Johannes de Barton Johannes de Heslarton Arnald de Bulketon Thomas de Honton Alexander de Cave Willielmus Grimbald 34 BARONES PRETERMISSI. Robertus de Botheby Robertus de Somei-ville Hugo de Menill Walterus de Faucunberge Johannes de Rosse Johannes de Buhner Rogerus de Grimeston Nicholaus de Meignill Hugg fihus Henrici Robertus de Tateshale Radulphus fihus Ranulphi Wilhehnus de Ros (de Ygmanthorpe) Rogerus de Lasseles Johannes de Caunsefeld Adam de Everingham Willielmus de Cressy Johannes de Belew Ranulphus de Nevyle Robertus de Berlay Johannes de Lancaster Herbert de S. Quintino Robertus Ros (de Werke) Wilhelmus de S. Quintino Johannes Baro (de Greystoke) Johannes de Hodeleston Robertus Bertram Thomas de Corewenne Robertus de la Vale Robertus de Haverinton Johannes le Caumberleyn Hubertus de Moletone . Thomas de Saunford Hugo de Moletone The writ of 26 Edw. I. next presents itself, as no more of a parliamentary nature than the one of the 24th., being a summons merely to attend equis et armis, at Carlisle : but this wTit is likewise in the Exemplar directed to Roger Bigot, earl of Norfolk, and marshall of England, and the persons to whom the Consimilar are addressed, are eleven * Vide Dug. earls, and a hundred and six barons, ivho are so particularli/ denominated ; * of this number is^^o urn. ^j^g following are unnoticed in Dugdale's History of the Peerage ; viz, Johan. de R^T^eres Richard Spvard Johan. de Hudleston Simon Fresell Wauter. de Mouncy William Sampson Johan. de Cantelo Thomas de la Roche. Of these eight, John de Cantelo (or Cantilupe), Richard Syward, and Simon Fresell, t ciaus. Rot. had the like summons, 27 Edw. I. ; t but John de Ryveres, John de Hudleston, Walter in Dor. m. 14. ^^ Mouncy, William Sampson, and Thomas de la Roche, had summons to divers par- liaments in after-years ; and, in such respect, were, by reason of their repeated calls to successive parliaments, (holden for the purposes of legislation,) as much barons by writ, and peers of the realm, as many of whom Dugdale has made mention in his Baronage ; though, in his hst of summons of 24 Edw. I., before mentioned, he has included several of them among the barones minores, or inferior tenants in capite of the crown. BARONES PRETERMISSI. 35 The writ of 35 Edw. III. appears to have been not a summons to parliament, but the call of a great council, for the mere purpose of taking into consideration the affairs of Ireland ; whereunto were summoned only certain persons, either holding lands in that kingdom, or so far interested therein, as by his Majesty to be deemed proper persons to give their advice, and be consulted, on that important occasion. But the words of the writ wiU best explain its import and effect. Anno 35 Edw. III. Claus. in Dorso. m. 36. "Rex dilecto et fideli suo Humfrido comiti Northamptonite salutem. Quia terra nostra Hibernise per invalescentes a diu Hibernicorum inimicorum nostrorum incursus, propter impotentiam fidelium nostrorum habitantium in eadem; et pro eo quod magnates et aUi de regno nostro Anglite terras in ea hal^entes, commodum dictarum terrarum sua- rum ab eadem terra capiunt, et defensionem aliquam non faciunt, jam caiite vastitatis et destructionis miserie subjicitur ; quod, nisi Deus advertat, et celeriiis succurrat eidem ad totalem perdictionem in proximo deducetur: per quod pro salvatione ejusdem ordinavi- mus ; quod Leonellus comes Ultonife filius noster charissimus, cum ingenti exercitu, ad terram preedictam, cum omni festinatione trasmittetur : et quod omnes magnates ac ali de dicto regno nostro terras in dicta terra Hiberniee habentes, quanto potentiiis potuerint, in comitiva dicti fihi nostri proficiscentur, vel si debiles in corpore cxistant, loco suo alios sufHcientes ibidem mittant pro repulsione dictorum inimicorum, et salvatione et defen- sione terrarum suarum, et succursu terrae supradictse ; et pro dicto negotio accelerando, volumus vobiscum et cum aliis de eodem regno terras in dicta terra Hiljernise habentibus colloquium habere et tractatum, vobis in fide et ligeancia quibus nobis tenemini, firmiter injungendo mandamus ; quod omnibus aliis prsetermissis, sitis personaliter apud Westm. in quindena Paschae proxima futura, ad loquendum nobiscum et consilio nostro super dicto negotio, et iUud concernentibus, ad faciendum et consentiendum super hoc, quod ibidem contigerit ordinari ; et interim vos, et homines vestros, quanto potentiiis et de- centiiis poteritis, ad arma paretis, ita quod in vestri defectu progressus dicti filii nostri et exercitus sui non retardetur ; nee dicta terra omissionis periculo subjaceat ex hac causa : et hoc, sicut nos et honorem nostram ac salvationem et defensionem terrae prffidictae di- ligitis, nullatenus omittatis, et habeatis ibi hoc breve. Teste rege apud Westm' xv die Martii." Per ipsum regem et consilium. Consimilia Brevia dirigimtur subscriptis, de essendo coram rege et consilio suo ad dies subscriptos ; viz. Ad quindenam Paschae : Radulpho comiti Stafford Edwardo le Despenser Thomas com' Oxon' Waltero de Manny 36 BARONES PRETERMISSI. Edwardo de Mountague Waltero de Bermyngeham Almarico de S. Amando Johanni Comyn Bartholomeo de Burghersh Johanni Wagan Johanni de Crophull David Barry Nicholas de Gernon Johanni Cornewaille Johanni de Bohun (de Midhurst) Petro Malure Johanni de Carreu Johanni Mautravers. Willielmo la Zouche (de Harjmgw'orth) " Rex vicecomiti Nottinghamise et Derbise salutem. Quia (&c.) id supra usque ibi terrte supradictse et tunc sic tibi precipimus firmiter injungentes ; quod prtemunire facias hseredes de Caumvyll terras et tenuram in Hibernia habentes ; quod sint apud Westm' in tribus septimanis Paschce proximo futuris ad loquendum (&c.) ut supra usque ibi conti- gerit ordinari ; et tunc sic ; et habeas ibi nomina iUorum per quos eos prsemuniri fueris, et hoc br«ve. Teste, ^lt supra." Consimile breve dirigitur vicecomiti Staffordise. 'tj' Ad tres septimanas Paschce : Da\ad de Strabolgi comiti Athol' Johanni de Erles Thomae de Ros Johanni de Bromwich' Rosero de Cliiford Jacobo de Stafford Thomee de Furnival Stephano Mareys Thomse de Lucy Willielmo de Morle Edmundo Laurence Richardo de Stafford Johanni de Tibetot WilUelmo de Ferrers. The most material part of this summons is, how far those nineteen persons, to whom the consimilar writ of the king was addressed, may be entitled to be considered in the quality of barons ; and if entitled to that consideration, then for what reason nine of them should have been passed over in Dugdale's history of those persons, who were barons or reputed barons of the kingdom. It certainly appears, that this convocation was not the calling together of a parlia- ment, but of a mixed council of certain great men in the two kingdoms of England and Ireland ; but, as Dugdale has thought proper to include this summons among those of the summonses to parliament, it would seem that the parties thus convened, ought to have formed as much the subject of notice in his Baronage, as in his Lists of Parlia- mentary Summons. It has before been observed, this celebrated author considered it necessary to premise BARONES PRETERMISSI. 37 his Peerage History with saying, That ha deemed it a safer error to take notice of some persons in their qualification of barons, than by their omission tacitly to conclude them other- wise. Now, on the same ground, it appears, that the history of the famihes contained in the following pages, is founded upon much better pretensions to notice, than the herald could suggest reason for passing them over in silence. Upon the whole, it probably may he considered, that, until the time of Richard II., when the first baron was created by letters patent, thereby expressing and limiting not only his degree and right of seat in parliament, but the course of descent of his honour, that the crown summoned to parliament those whom it pleased of the great tenants in capite, who held by barony ; and many who held by parts of a barony ; as in the case of being representatives of one who had holden by an entirety, Imt whose baronial lands had become divided by co-heirship ; or that, the crown still viewing the possesslon^'of lands as the basis of parliamentary' dignity, continued to summon persons who were possessed of a certain number of knight's fees holden immediately of the crown, which number amounted to thirteen and a half — a quantum defined by some authors as the qualification of a barony. But inasmuch as it has already been stated, that the indifference of the clergy and laity had manifested itself on various occasions, to avoid attendance upon a parliamen- tary summons, as an expensive and burthensome tenure ; so, while their apathy to legis- lative honour contributed to the abdication (if it may be so termed) of their baronial pri- ■\nleges, the ambition of another class of personages brought themselves forward, and thus a new series of nobility became coalesced and intermixed with the old peerage ; which, gradually decaying in point of property, liut, nevertheless, in some instances, continuing to be summoned to parhament after their caput baroniaj had passed away, these persons remained barons, not by virtue of their tenures, but of their writs, and thus left to their heirs a right of succession, founded on the prescriptive usage of those writs under which they had been called to parliament as before mentioned. In the accomit of the families, fornung the subject of the following pages, it is rather to be imagined, that the manner in which they became noticed in any parliamentaiy summons, was by reason of their tenure of certain lands, but that they were no further noble than their tenure gave them right of distinction: yet if the decision, which the lords have so often sanctioned in the resolutions of their Committees of Privileges,* is to be deemed a rule * CUfton, &c. of law, that a person having been once summoned to parhament and taken his seat ac- cordingly, has thereby acquired a barony descendable to tlie heirs general of his body, then the many of those names omitted by Dugdale in his Peerage History, and hereafter noticed, were as much barons of the realm as the lord Clifton, who was only once sum- moned to parhament, took his seat, but was shortly after a/e/o de se. cor.Dom.Proc. EMINENT FAMILIES OMITTED BY DUGDALE. ACTON.— (24 Edw. I.) John de Acton, in the 24 Edw. I., was one of those eminent persons, who had * Dugd. List summons hy a consimilar writ,* with divers barons, to attend, with horse and arms, a ■ ^" ■ great council, convened to assemble at Newcastle-upon-Tyne, on the subject of an ex- pedition intended to be made into Scotland, t Vide Prefa- On this occasion, the writ was evidently a summons of service, t and not a parUa- ry serv. j^-,g,-| jg^j.y summons ad tractandum de arduis negotiis regni, whereby any hereditary baronial dignity was created or acquired. The family of Acton appears of very ancient standing, and seated at Iron-Acton, in the county of Gloucester. The aforesaid John de Acton was probably the same, who, J Esch. 6. with Sibilla his wife, was possessed of the manor J of Irene Acton, in Gloucestershire ; ' ' ' ' lands at Frampton CoteU, in the same county ; the manors of Coverne and Yanefore, in Herefordshire ; the manor of Penyton, in the county of Southampton ; and the manor of Ceddre, with other lands at Abre, and Stache, in Somersetshire. He died about the 6 Edw. II., as in that year the king's escheator had a writ to take 5 Originalia. 6 into his hands, the lands and tenements whereof John de Acton had died seised. § The heiress general of this family carried the manor of Iron-Acton, with other con- II Fosb. Glouc. siderable estates, into the family of Poinz, or Poyntz, by marriage 11 Vol. II. 525,-6. ALDEBURGH stye ALDBOROUGH.— (44 Edw. III.) S ^"S'^- ^'*' Sir Wilhara de Aldeburgh had summons to Parliament from the 44 Edw. IILIj to the Sum. .... 10 of Richard II., the year following of which he died. His summons appears to be from his marriage with Elizabeth, daughter and heir of Robert, Lord Lisle, of Rouge- ** MS. Ph. niont,** who, as his ancestors had been, was repeatedly summoned to Parliament among marked Lo- zenge in Coll. the earls and barons of the realm. By this marriage he acquired the manor or barony of Arm. m. Harewood, which had come to the said Robert de Lisle, by descent from the heiress of WilUam de Courcy, theretofore possessor of the same.ft By Elizabeth de Lisle, he had issue, William, his son and heir ; and two daughters, viz., Ehzabeth, and Sybill. WiUiam de Aldeburgh, the second, did not long survive his father, but died the BARONES PRETERMISSI. 39 15 Richard II. without issue,* or at least without any which survived him ; for according to his Will, proved in 1391, it seems he had an infant child whose name is not mentioned, but merely cursorily referred to, as well as Margery, or Margaret, his wife, in the words, 'Margeria ma feme mon hifans.' This Margery his wife, (who was widow of Peter de Maulaj', son and heir apparent to Peter the 6 Maulay, and died in liis father's life time) was one of the daughters and co-heirs of Sir Thomas Sutton, of Holdemess, and outlived her hus- band Aldeburgh, but died shortly after him ; her Will being proved in the same year 1391, in which she mentions her son Peter Maulay, her son John Maulay, and her daughters Constance and Elizabeth Maulay ; she also mentions Elizabeth Stapleton, — She was buried with her last husband in the church of the Dominican Friars at York, f Of the sisters and co-heirs of WiUiam de Aldeburgh, Elizabeth was aetat 28, and then the ^vife of Brj-an Stapleton, the younger, f SibiUa, tlie other sister and co-heir, was eetat 25, and wife of William Rj'ther. Ehzabeth, after the death of her husband Stapleton, re-married Sir Richard Redman, and had issue by him, as stated in the table of descent, which issue liad the Harewood estate, and afterwards di^-ided the same with the Ryther famil3-,§ which circumstance gives reason to beheve that she had not any issue by her first marriage with Stapleton, or otherwise that issue would have succeeded to Harewood ; but inasmuch as some heralds have derived the Stapletons of Carlton from the said marriage, that line has been inserted in the talkie to be received de bene esse. * MS. Vocat B.B. p. 553 in Coll. Arm. t Drake's An- tiquities of York. t Escb. 15 Richard II. § Rot. Pat. 23 Hen. VI. m. 20. ALDEBURGH, vel ALDBOROUGH. William de Aldeburgh, Lord of Harewood, Summoned to=pElizabeth, d. of Robert, Lord Lisle of Ruge- Parliaraeut 44 Edw. III., ob. 10 Richard II. Church of the Dominican Friars at York. bur. in the mont, bur. in the Church of the Dominican Friars at York. William set. 30 Ap. SibiUa, sister &^SirWm. Ry- Sir Bryan =p Elizabeth, eldest = mort. pat. ob. 15 coh. bur. at tber, bur. at Stapleton. | sister & cob. bur. Ric. II. s. p. Harewood. I Harewood. ( at Harewood. =Sir Richard Red- man, bur. at Harewood. Sir Wm.-T-Constance, d. of Kyther. I Sir Ralph Bigod. Bryan Stapleton, whose grandson Bryan, married Joan, eldest d. & coh. of Wm., Viscount Lovel, a quo the present Lord Beaumont. Matthew Redman. Isabella, d. of Sir Wm.- Gascoigne, of Gaw- thorpe, (first wife). ^Sir William- Ryther, ob. 15Edw.IV. =...., d. of. . Fitz -William. GUbert, (2d. son) Richard, son & h. of Matthew, son & h. of Rich. Redman, & Elizabeth his wife. Pro- batiojEtatisInq. 16Hen.VI.No.70 — Ebor. Robert, s. p. William 1 — I 1 Eliza- = Robt. Bab- 3 Joan. beth. thorpe. 4 Matil-=JohNevillof 2 Isa- =Guy Fair- da. Liversedge. beUa. fax. Katherine, d.-|-Sir Ralpt of ... . Con- stable, of Flambro'. Kyther, ob.l520a '...., Thomas of Lynstead, d. of county of Kent. .... Nicholas. Percy Elizabeth, mar. Wm. Copley, of Nether- Hall, near Doncaster I Robert m. Eliza- beth, d. of Sir Wm. Gaseoigne. Thomas m. Anne, d. of Heni-y, Lord Scroope of Bolton. Elyn m. John Aske of Augh- ton,videTab.2. Heni7 Ryther m. AgneSjd. of John, LordHussey, s.p. Elizabeth m. Wm. Acklam of Moorby, vide Tab. 2. In his Will, dated 36 March, pro. 26 April 1530, he names his daughter Elizabeth, Thomas, his son and heir, and his daughter Elyn 40 BARONES PRETERMISSI. ALDEBURGH vel ALD B OR OU G H.— T ab l e II. (1st. wife.) Catherine Constable=^ Sir Ralph Ryther^^ Percy, (2nd. wife.) Elyn or Eleanor, ride note-pJohn Aske of Ryther from her father's will. I and Aughton. I r^ n=FJ< Robert Aske. -pEleanor, d. of Sir William Acklara^Margaret, d. of John, Ninian Markenfield. of Moorby. | Lord Mordaunt. J Robert, High Sherifl' of the^Elizabeth, d. of John John of Moorby,=T=Isabel, d. of Francis county of York. circ. 1588. 1 Dawney. living ab. 1584. Palmes, of Lindley. r John Aske.^Christian, d. of SirTho- Sir Wm. Acklam, bom=^Elizabeth, d. of Tlio- I mas Fairfax of Denton. circ. 1581, or 1582. | mas Dawney of Sessay. J i 1 Richard Aske, of the Middle Temple, London. John Acklam. Note, — In Philpot's Yorkshire, folio 70, it is said that Sir William was elder brother to Sir Ralph Ryther, which is correct, as being half-brothers, and William by the first wife. In this case if "William had issue as contended, the Plumpton's would be heirs of Alde- burgh, before the Askes and Acklams. A MS. in the Bodleian Library at Oxford, — Dodsw. vol. 5. — states that a Sir Edward Redman of Harewood Castle, married Elizabeth' daughter of "William Huddlcston, and had issue, Henry Redman, and Richard, a second son ; which Henry had female issue, whereof Jane, one of bis daughters, and co-heirs, married Marmaduke, fourth son of Sir William Gascoig-ne, of Gawthorpe. The Redmans hav- ing Harewood, gives reason to believe that, although Stapleton was married to Elizabeth .\hleburgh, his issue was by a former wife, and not by her. ARDERNE.— (1 Edw. III.) Robert de Arderne, in 1 Edw. III., had summons by a consimilar writ, with divers earls and barons, to attend at Newcastle-upon-Tyne, cum equis et armis, but it does not appear that the said writ had any words of summons for parliamentary legislation ; nor does the name of Arderne have place in any subsequent writs of summons to parUament. * Originalia, It is probable he died shortly aftera'ards ; as, in the 5 Edw. III.* the king's escheator 5 Edw. III. j^^^ command to take into his hands the lands of Robert de Arderne, then deceased. Kot. 17. If the name of Arderne and Arden are synonymous,^' then the said Robert de Arderne t Dugd.Antiq. appears to be the same, as mentioned by Dugdale in his Warwickshire, where he states, f War. p. 679. ^.j^^^^ Robert, in the 15 Edw. II.'' was governor of Banbury castle, and died the 5 Edw. III., being then seised of the manor of Wykham (where he resided), and of several other manors in Oxfordshire, Northamptonshire, and Sussex ; whose grandson, Giles, being the last male of his branch, left an only daughter and heiress, Margaret, who married Lodowick Grevill, Esq., from whom is descended the family of GreviU, earl Broke, and of Warwick. a This seems to be well warranted, as Dugdale in his Warwickshire calls him Robert de Arden, and says he died the 5 Edw. III. ; and the Originalia Roll of that year denominates him Robert de Arderne. b A Sir John de Arderne was one of those eminent men at the great Tournament at Stebenhithe, (Stepney), the 2 Edw. II., when he bare for Arms, " 10 Cross Croslets, 4, 3, 2, and 1, and a Chief or." BAROXES PRETEBMISSI. 41 The traditionary account of the origin of this family, is from Turchetil, son of Alwyn, officiary earl of Wanvick, in the time of Edward the Confessor ; which Turchetil succeeded his father as earl of Warwick, but being afterwards deprived of the earldom by AVilliam the Conqueror, retired to the woody part of the country, and assumed the name * of .Vrdeme, or Arden. From this stem descended * Camd. Brit. Henrj^ de Arden, who, 12 Henry 11., on the assessment of aid for the marriage of Maud, the king-'s daughter, was certified to holdf five knights' fees of AVilliam, earl of t Ex Chart. »\ an\ack. At which tmie, also, Warw. in Lib. Hugh de Arden was likewise certified to hold five knights' fees, and a third part of the same earl. J t Ibid. Of this name was Ralph de Ardeme a co-heir to Glanville ; likewise Ralph Arderne a co-heir to Beauchamp, of Essex. BANYARD, or BAYNARD.— (6 Edw. H.) It has been observed by Dugdale,§ that William Baynard, who took part -with Helias | Dug. Bar. earl of Mayne, and others, in their conspiracy to dethrone Henrj' I., lost his barony of Bapiard's Castle, which, with the chief part of his great estate, was, upon his forfeiture, given by the king to Robert, a younger son of Richard Fitz-Gilbert, progenitor to the ancient earls of Clare || and Hertford, from which Robert descended the family of the n Ibid. barons Fitz-AValter. But though the elder house w'as thus chsinherited, there remained a younger branch, to which divers manors were given^ before the forfeiture, and which, as such, were not ^ Hist, of affected by that unfortunate event. Of this line — ^°,^'t^ ' f ^ J ■' p.lG.Wayland. Robert Baynard, cousin to William the attainted baron, was lord of Merton, and of divers other manors, in the county of Norfolk,** wliich had been part of the possessions ** Ibid. of Ralph Bajmard, at the time of the general survey .ft He was a great benefactor to the ft Domsd. in monks at Lewes, making them divers grants ; all which, by Fulk Baynard, his son, were confirmed. Tliis Fulk Baynard appears to be the same, who 12 Hen. II., upon the assessment of aid for marriage of the king's daue;hter, was certified ±± to hold eiffht knia-hts' fees and a ii Lib. Nig. half in Merton, Hadeston, &c., of Robert Fitz-AYalter, as of his barony of Baynard's Castle, p. 231. He had issue two sons, whereof Geffery, the second son, was a priest, and farmed all the priors' lands in Merton, paying to the chief lord four shillings, and two pounds of wax annually. Fulk Baynard, the eldest son, succeeded §§ his father in the inheritance, and was 5§ Esch. 33. grandfather probably, to ^^"^^ ^- °- *^- 42 BARONES PRETERMISSI. Robert Baynard, a person of great note in the time of Edward II., in whose reign * Origin. 5&6 (if he be the same Robert), he had committed to his charge* the custody of tlie counties 9 & 4. of Ncrfolk and SuiFolk, as also the castle of Norwich. And furthermore, in 6 & 7 Edw. t Dugd. Lists II., had summons to parliamentf among the barons of the realm, and therein was deno- J Chronica Ju- i^^i"^*-ed « baron. Moreover, he was likely the same Robert, who, being one J of the 5"d™ 'r L' J^^tic^s of the King-'s Bench, in that capacity had summons § to parliament, 2 & 3 Edw. Sum. III., among the judges, and the rest of the king's council. II Vol. IX. p. Fulk Baynard was son and heir to this Robert, as the History of Norfolk asserts, || ' ■ ^™ 'and left issue three daughters, his co-heirs; viz. Isabel, Emma, and Maud; whereof Isal^el married Sir Tliomas de Grey, knight, and had Merton, BunweU, &c. for her share of the inheritance ; the former of which places is now the property and residence of lord Walsingham, the heir-male representative of the said Sir Thomas de Grey, knight. H Rot. Pat. 6 But it seems* that there was a Robert Banyard, who, 6 Edw. II., had license1[ to m. 18. ' embattle his mansion-house at Hautboys, in Norfolk : the history, however, of that county, ** Vol. III. relates,** that the said Robert left Thomas, (not Fulk), his son and heir, who sold the Erpingh. reversion, after the death of his mother, to sir Thomas Roscelyn, knight. From this statement it appears, that Robert Banyard, of Merton, and Robert Ban- yard, of Hautboys, were contemporaries ; a circumstance, which, vAAe it tends to point out two distinct persons, leaves a degree of doubt as to which was the identical Robert, who had the summons to parliament among the barons of tlie realm, as liefore mentioned. Tliis last named Robert of Hautljoys, according to the authority of the history of Norfolk, tt Ibid. before cited,tt married Maud, one of the six sisters and co-heiresses of Sir Thomas Ros- 22 M ' 'l^'^' ^^ly^5 knight, son of Sir Peter Rosceyhn, who had summons to parliament^ among the 8. In Dors. barons of the realm, 22 Edw. I., as under that article, is elsewhere detailed. ^S But the celyn. ' Said Maud, it seems, was his second \nfe, who, upon his death, 4 Edw. III.,|||| had her Edw^m N dower in the manors of Hautboys and AVhetacre, and having survived him many years, 28. deceased about the 23 Edw. III.1I1 His first wife, according to the History of Nor '"olk,*t Edw.III. N.7. before cited, was Lucia, daughter and heir of Sir Roger de Fraxino, or Atte-Ash, by *^23°4 ^ which lady he obtained the manor of Colkirk in that county and had a son, Tliomas, who died mthout issue, ; and a daughter, Joane, who was heir to her brother ; and marrying *t Ibid. Edmund de Thorpe,*t the said Edmund in her right enjoyed the manor of Colkirk, *§ Vide before mentioned.*§ Thorpe. BARRY.— (35 Edw. III). Camden, in his Britannia, says, that this name is derived from the island of Barry, in Glamorganshire, (so called from Baruch, a holy man buried there ) ; but the common ancestor is considered to be BARONES PRETERMISSI. 43 William Barry,* (otherwise dc Barri), who married Angareth, daughter to Nesta,* * Lodge's Irish I'Gcrsffc. the daughter of llhcse ap Griffith, prince of South "W^ales), and sister to Rohcrt Fitz- Stephen and Maurice Fitz-Gerald, two persons of great eminence in the annals of Ireland. By her the said William had issue several sons ; viz. Roljert, Philip, Walter, and Gerald, or Gerard Barr)', avcII known by the name of Giraldus Cambrensis, and so denominated from the word Cambria, the ancient name of the county of Pembroke, within which he was born at Tenby, about the year 114G. He was afterwards bishop of St. David, and wrote a description of England, Ireland, and Wales. Robert Barry, the eldest son of WilUam, was a young knight of great courage and resolution, which, on divers occasions, he particularly displayed in the conquest of Ire- land, under his maternal uncle, Robert Fitz-Stejohen. Cambrensis, his brother, gives him a great character, and says, that he was the first that ever manned a hawk in Ireland. After his services in that kingdom, he is represent- ed to have seated himself at Se\'ington, in Kent ;t but however that may be, he returned t Mag. Brit, again to Ireland, and about the year 1185, was killed at Lismore, in the county of Wa- ^' terford. Philip, second son of William, had a grantj of three contreds of land in the county + Ex. Vet. of Cork, from his uncle, Robert Fitz-Stephen, whose daughter, it is said, he married. '^'^*'"'- This Philip built the castle of Barry's Court, and endowed the friery of Ballybegg, in the county of Cork, in memory whereof his effigies on horseback were cast in brass, and set up in the church there. He had two sons, William and Roljert ; to which William Barry, king John confirmed § his uncle's gift of lands, as before mentioned. § Chart. Rot. He is said to have been one of the Recoynitores Magnce Assizce of the county of Kent, f,"'"'*' '" and to have lived at the Moate,|| where several of his successors, who were lieute- 48, 49. nants of Dover castle, and conservators of the peace in that county, had their residence.'' p. 112^5. But it seems, that Robert Barry, younger brother to Wilham, founded the honours of his family, and had his chief residence in Ireland, where, by assignment from his brother,^ he became ^ Lodge's possessed of the patrimonial estates. He had two sons, David and Philip, of these ^"* Peerage. David Barry succeeded his father, Robert, and had a royal license, dated at Merle- burgh 26th Septembei-, 1234, for a Saturday market at his manor of Buttevant, and an annual fair there, to continue for eight days. He died about the year 1262. a This Nesta had been a concubine to Henry I., and afterwards married Stephen, constable of the castles of Cardigan and Pembroke ; by ■which Stephen she had a son, Robert Fitz-Stephen, and a daughter, the above-named Angareth. She also married Gerald Fitz-Walter, and by him had issue Maurice Fitz-Gerald, progenitor of the duke of Leinster, and of other great families in Ireland. b The Magna Britannia, p. 1125, relates, that the daughter and heir of Robert Barry, of this line, carried the manor of Sevington, by marriage, into the family of Ratcliffe. 44 BARONES PRETERMISSI. * Lodge's David Barry, his son and heir, was styled* the first lord Buttevant, and was appoint- Iristi Pccrfl'^c ed by Henry III., in 1267, Lord Justice of Ireland. In 1273 king Edward I., granted him free warrant in all his lands, at which time he was lord of Buttevant, and styled a rich noble baron ; but this eminent person died shortly after, in 1278, and was there buried, where a tomlj was erected for him in the choir, opposite the altar. David-oge Barry, son and successor to his father, was founder of a Monastery of Minorites, at Buttevant, in 1290, and Ijy Maud (or Joan), his wife, had issue, t Ibid. William Barrj', his son and heir, who, according to Lodge, f had issue Laurence father of John^ whose son David had issue another David, '^ which David was father of another. David Barry, who, in 35 Edw. III., being one of those persons who was possessed { Dugd. Lists of a great estate in Ireland, had summonsj to attend with divers others, (similarly cir- cumstanced), a great council to be holden at Westminster, touching the disturl^ed state of atiairs in that kingdom. But this summons does not appear to have been addresesd to him, as to an English baron, h\it in his capacity of an Irish Landholder ; in which § Ibid. quality a similar writ§ was sent to Marj', countess of Norfolk; Alianor, countess of Ormond, and several other distinguished females, to attend the council at Westminster, II Ibid. either by themselves, or their proxies. II Though Sir WiUiam Dugdale has included this summons for an extraordinary coun- cil among his lists of summons of the barons to parliament, it cannot be from thence concluded, that David Barry has any pretention to be ranked in the number of English nobility : as such, it may suffice to observe, that from him descended the family of Barry, earl of Barrymore in Ireland ; a title now considered extinct, at any rate dormant. BELLA AQUA, sive BELLEW.— (22 Edw. I.) This family is considered to be of Norman extraction, its name being mentioned in the famous Battle Abbey RoU ; but as that roU is not without suspicion of much falsifi- cation, it may be sufficient here to remark, that U Rot. Vase. John de Bella Aqua or BeUew, in 22 Edw. I., had summons^l to parliament among 8 In Dor. ^^ barons of the realm ; as also in the 24th of the same reign, to a great council to be holden at Newcastle-upon-Tyne : but only in those years, and not afterwards. He * The number of descents here related, and so closely succeeding to each other, compared with the chronological succession of the kings, during the same period of time, creates a suspicion, that there is some inaccuracy or other in Mr. Lodge's statement ; but which, under the circumstances of the case, is not a point of any material importance to require here a minute enquiry. BARONES PREi'eRMISSI. 46 married Laderina, younsrest* of the four sisters, and co-hoirs of Peter, the last Lord Brus * Dugd. Baron. : . . . . Vol. 1. p. 449. of Skelton ; and in lier rif^ht, upon the partition of that inheritance, liad the lordships of Carleton in Balnc, Ranilesforth, Thorpe-Arches, Tihthorpc, and certain lands in Scthharne — all in the county of York. •' They had issue three daughters and co-heirs ; viz. t Alicia, who married William Hunke, but died without issue ; J Sibilla, who married t Bourne and Milo de Stapleton ; and Joan, who wedded Aucher Fitz-Henry, of Copped Hall, in Hist"cumb Essex : which last mentioned two co-heirs divided the share of Laderina, when in the J'"^ Westm. vol. I. p. 41. 04. division the manor of Carleton fell to the family of Stapleton ; which afterwards had t Vide Mon. summons to parliament among the barons of the realm. p."h91.° But according to a MS. in the Bodleian Library, (Dodsw. V. 8. No. 5022. p. 176.) he had two other daughters, namely, AUcia, and Lucia ; of which, the latter married Sir Thomas Burgh, who had issue John Burgh, or Borough, who had a daughter Margaret, who married Sir John , and had a daughter, Elizabeth, wife of Sir Bowets, by whom she had a daughter, also named Elizal^eth, who married Sir John Dunsom, and had issue a son, Sir John Dunsom. Alicia the other daughter of John de Bella Aqua, appears to have died unmarried, and to have been buried at the Church of the Dominican Friars, York ; being thus de- scribed, Da)ne Ahjs de Bella Aqua. In the same Church are also interred two others of the Bella Aqua family, viz. Tho- mas de Bella Aqua, Chev., and Thomas de Bella Aqua The said John de Bella Aqua died 29 Edw. I. ;§ for, in that year, the king's es- § Esch. 29 cheator had a precept to take into his hands || all those lands whereof the said John was n Original. 29 seised, and which he held by the law of England in right of Laderina his wife. Edw.l.Rot.ie. BEREFORD.— (8 Edw. II). Arms. Crusuly, fitchee, three Fluers de Us, S. ^ William de Bereford, an eminent lawyer of his time, and a justice of the Common Pleas, had summons 1[ to parliament among the king's counsel and the judges, in 23 IT Dugd. Lists Ed\^^ I., and from that time, in a similar quality, to the 8 Edw. II., in which year (being "™' then Chief Justice of the Common Pleas) he had summons by the same writ,** as the ** ibid, barons and peers of the realm were called together; but in this writ, it is to be obsen^ed, that a William de Bella Aqua, 12 Hen. 11., held one knight's fee of the A.B. of York.— Hearne's Lib. Nig. Vol. I- p. 304. Ebor. b There was a Sir Robeit de Bereford, who at the famous tournament at Dunstable, the 7th Edw. IL was one of the tillers, bearing for his Arms Sable, ove un Bend Engrele Arg. 46 BARONES PRETERMISSI. * Dugd. Lists Dugdale states,* the barons and the kinr/s justices were intermixed ; so that it does not appear he was thereby created a baron hi the realm : besides, after this, he was, in several subsequent parliaments, summoned among the justices; and from the 14th to the 19th Edw. II., both inclusive, had the Exemplar writ of summons for the king's justices ad- t Ibid. dressed t to him. X Esch. 20 If this is the same person, he seems to have died about the 20th Edw. 11.,$ when ^" ■ °' ■ the record states, that he and Margaret, his wife, held very considerable lands and manors in the counties of Derby, Leicester, Warwick, Stafford, Northampton, Oxford, Berks, § Oiiginalia &c. ; and that, Edmond, his son and heir, had thereupon livery § of his inheritance. Rot. 6. holden of the honours of Pynkeney, Wallingford, and Tutbury. The name of Bereford, and Beresford, has been stated by many writers as synony- mous ; and at various times to have been differently written ; and that this family, from the nature of their possessions in the several counties before mentioned, appears to be the same with that, from which the marquess of Waterford, and the Beresford's of Ire- II VideLodge's Yq^x^ claim their descent. 11 But Burton, in his History of Leicester, denies this position, Insh Peerage. u ^ j If Burton's and states,^ that this family of Bereford took its name from a manor so called in the ^eiCTsei, county of Warwick : whereas the family of Beresford, commonly called Basford, took that name from a town in Nottinghamshire, near Derbyshire, as is evident from a visita- tion made by the judicious Robert Glover, Somerset Herald, anno 1583. Furthermore : Burton, in his Leicestershire, asserts, that the heiress-general of Chief Justice Bereford, viz. Petronel, daughter and heir of Simon Bereford of Snareston, **Ibid.p. 92. in the county of Leicester, married** William, a younger son of William Charnells of Elmesthorpe, in the same county. . But, it seems, that, besides his son and heir Edmund, ft MS. Vine. Chief Justice Bereford had issuett four daughters, whereof Joan married Gilbert de EU- 321!* 1^0011. field ; Margery, James de Andele (or Audele) ; Agnes married, first, Reginald de Argen- Armo. ^ij^g — secondly, John de Neirford — and thirdly John Lord Maltravers ; and Alice wedded Galfridus GameU. Edmund Bereford, son and heir of the chief-justice, had issue, according to an Jt Vincent authority cited among the MSS.JJ in the college of Arms, a son Baldwin, who died without ege'^'ExRo^t' issue; also a son John, who married Margaret Darcy ; and a natural son likewise, named vet.' John, who married Alianor, daughter of Richard Fitz-Alan, earl of Arundel, but died in Gascoigne, circ. 30 Edw. III. s.p. BERMINGHAM.— (35 Edw. III). Walter de Bermingham is noticed by Dugdale, in his Index to his Lists of Summons to Parliament, as having been summoned in 35 Edw. III. ; but, on referring to the BARONES PRETERMISSI. 47 summons, his name does not appear among those who were summoned by the Consimilar writ to the barons : it was to a great council on the affairs of Ireland. The Bermingham family has already been mentiotied in the first volume of this Work * and is to be found fully detailed in the Irish Peerage, under the ancient title of * Dorm, et • TT TT 1 Ext Baron, Athenry.t "Hiey were among the first settlers in Ireland, in the reign of Henry II., and Vol. I. very early attained baronial rank in that countrj'. Irish Peerage. Camden, in his Annals of Ireland, J writes, that "Walter, Lord Bermingham, the + Ed. 1742. younger, died in 1361, on St. Laurence's day, and left his estate to be divided among his sisters, one of whom, Margaret, married Roljert, Lord Preston. This line of the Berminghams, appears to he the same whereof Walter de Bermin- gham married one of the coheiresses of the barony of Midton of Egremond, in the county of Cumberland, and in partition of that inheritance had a third part of verv considerable lands in England and Ireland. In an interleaved copy of Erdswick's Historj^ of Staffordshire, Dr. Vernon, rector of Bloomsbury, is stated § to have remarked that one Gilbert Bermingham married § Topogra. the relict of Sir Richard Stafford, knight ; which lady was one of the daughters and co- heiresses of William Cam-saUe of Clifton. This Gilbert is nowhere mentioned either by Dugdale, or Lodge, in their several accounts of the Bermingham family, either of the English or Irish branches. BERTRAM OF MITFORD.— (45 Hex. III). Roger Bertram de Mideford was summoned to a parliament by writ dated at the Tower of London, the 18th of October, the 45 Hen. III.|| convened to meet in London ; II Ciaus. Rot. but according to HolHnshed the barons refused to attend, by reason it was not called to Westminster, the usual place of assembling. Tliis parliament is not mentioned in Dugdale's Lists of Summons, but it appears to be the most early on record, where the names of the earls and others summoned, are re- cited with the exemplar for it.^ This Roger Bertram was succeeded by another Roger, who dying the 5 of Edw. I., left an only daughter and heir, Agnes, who dying s.p., the issue of his four sisters became his co-heirs, as set forth by Dugdale, viz. WiUiam, son of WiUiam, son of Thomas Fitz- William of Sprotborough, who married Agnes, the eldest, — Phihp, son of Norman Darc}% son of Darcy and Isabel his wife, the second sister, — Elias de Penedbm^^, the son a This writ was produced by the author, before the Lords" Committee of Privileges on the claim of Mr. Cham- pion Lewis Dymoke, to the Barony of Mannyun. m. 3 Dorso. 48 BARONES PRETERMISSI. of Christian de Ros the third sister, and Gilbert de Aton, son of Isabel, daughter of Ada de Vere the fourth sister. Roger Bertram of BothaU had summons to the same parliament of the 45 of Hen. III., as his namesake Roger of Mideford. Robert, his son, held the castle of Bothall, the 28 28 Edw.°l., Edw. I.* He married Margaret, one of the daughters and co-heirs of William Fel- m. 7. ton, and at his decease left an only daughter and heir, Helen, who became the wife of Sir Robert Ogle, knight ; from whom descended the barons Ogle, afterwards summoned to Parliament. BODRIGAN.— (3 Edw. II.) t Testa de ^^^ name of Bodrigan, or Bodrugan, is very ancient, t and is said to be derived NeT. in com. from a manor so denominated in the county of Cornwall. Cornub. ... + jjgf (~.]j^j.j Henry de Bodrigan, in the reign of Henry III., had a grant J of a market and fair 21 Hen. III. at Pendrun, in Cornwall ; after whom, was another ma. Henry de Bodrigan, who, having married Sibylla, sister and heir to Walter de Maun- , Original 17 Seville, had livery of lier lands, 17 Edw. I. ;§ afterwards, 2 Edw. II. He was found Edw.l. Rot. 6. heir to his uncle William Bodrigan, who died the year before, || and, performing his bo- ll Esch. mage, had liver)' of the inheritance,^! which had so devolved upon him ; but this Henry jQ ^' ■ "■ appears to have died in the same year; for then the king's escheator had command** to H Original 2 take into his hands aU such lands, whereof the said Henry was seised at the time of his Edw. II. Rot. ■' 2. Dev. death, which, from the record,tt must have been of great extent; comprehending, among IQ ^ ■ " ■ others, the manor of Bodrigan ; as also those of his uncle W^illiam, and such as were the tt Esch. inheritance of his wife SibvUa, in the county of Bedford. It 2 Edw. II. . n. 71. But as this Henry deceased in 2 Edw. II., he cannot l)e the person who had sum- ** ' ■ mons to parliament in the year following, unless it be considered, that, according to the then computation of time (old style), his death and the writ of summons were of cotemporane- ous date, which queries whether he ever took his seat under the writ of summons, and, as such, ever became a baron, so as to render his posterity entitled to claim that degree of dignity from the writ, which bears evidence that it was of a parliamentary nature. Any further account, therefore, of this family, becomes unnecessary, though it may be observed, that 20 Edw!°ri. Otto de Bodrigan, 20§§ Edw. II., had the custody of the island of Lunday com- Rot. 8. mitted to his charge, together with its appendages; and when he died, was seised of a II II Esch. o ' o 1 1 u 5 Edw. III. very considerable estate at Bodrigan, and elsewhere, in the county of Cornwall, anno 5 ^V Original. Edw. III.jlHI at which period, Henry Bodrigan, his son is likewise named, and mentioned Ro^tt2."^' to be deceased.^H BARONES PRETERMISSI. 49 BOLEBEC— (45 Hen. III). Hugh de Bolebek had summons to the parliament with the earls and other barons named in the writ* convened to meet in London, the 45 Hen. III.; bnt is not mentioned * ^'""^.Jl"'- ' 45 Hen. 111. to have been so summoned in Dugdale's list of summons. He appears to have been the m. 3. Dorso. son of Walter de Bolebec, by Margaret, one of the three sisters and co-heirs of Richard de Montfechet, the chief seat of whose barony was at Stansted Montfechet, in Essex, — and dying without issue male, his four daughters became his co-heirs ; whereof Philippa married Roger de Lancaster ; Margery — first, Nicholas Corbet — secondly, Ralph, son of ^^'illiam. Lord of Grimthorpe ; Maud was -wife of Hugh de la Val ; and Alice of Walter de Huntercombe. But Lysons in his History of Cambridgeshire, p. 85, says that Hugh de Bolebec married margaret Montfechet, and that all his daughters died s. p. ex- cept the wife of Lancaster. BOLTEBY.— (45 Hen. III). Nicholas de Bolteby had summons to the parliament summoned to meet in London, the 45 Hen. III. ; his name being mentioned in the consimilar WTit of the earls and barons therein convened. He married Philippa, daughter and heir of Adam de Tyndale, baron of South Tyndale, in the county of Northumberland. Adam, his son, died the 10th of Edw. I., before any regular continuation of summons to parliament is on record. He left only female issue, whereof Isabel, his eldest daughter and co-heir, is said to have married — first, Adam de Multon, then bearing the name of Lucie ; and afterwards WiUiam TunstaU. The other daughter and co-heir married — first, William de Cantilupe — and secondly, Alan de Walkringham. — (Vide Estreat, p. 204, Rot. II., Anora wife of Adam de Bolteby). BOUTEVELEYN.— (24 Edw. I). Of this name it appears, that Robert Butevilein, in the time of Hen. II.,t held two t Heame's knights' fees of Walter de Wahull, and three of Roger Bigot, earl of Norfolk,J which scacc. Vol. I. fees were afterwards holden by P- 201. William Butevilein, his son, who founded § Pipewell Abbey, in Northamptonshire, § T^g„_ ^ng, in which county he held lands, at Pipewell and elsewhere. 11 He was in OTeat favour Vol. I. p. 817. • 1 IT IT 1 • ■ ivT . Camden In With Henrj' 11., who, upon going into Normandy, gave him a writ, directed to the Britannia. bishops of Lincoln and Norwich, and to all his liege people, English and Normans, of Voi!l p^nV. H 50 BARONES PRETERMISSI. Northamptonshire, Norfolk, and Suffolk, granting him all the lands, and other liberties * Vol. VII. which his father had enjoyed. He married, according to the Historj' of Norfolk,* Joan, Humbleyd. daughter of Sir Ralph Camois, knight, and had issue Robert, father of another Robert Bute^'ilein, his son and heir, who is, probably, the same person, called by t p. 852. Matthew Paris, Roger,t and who was taken in arms against the king at Northampton, 48 Hen. III., (12C4), but was afterwards pardoned. t Dugd. Lists William Bouteveleyn, successor to Robert, was, 24 1 Edw. I., one of those con- Sum. siderable men who had summons to attend the great councd, then appointed to convene at Newcastle-upon-Tyne, upon the subject of an expedition against the Scots. But after this period the name "■ of Bouteveleyn is no more noticed upon any simdar occasion, although the posterity of this Wilham long continued to possess considerable § Hist.ofNorf. estates in Norfolk, § Northamptonshire, || and elsewhere; which at length came to two Humbleyd. sisters, who, in their issue, were the co-heirs to their brother, WiUiam Bouteveleyn, who His" North died without issuc circ. 1465. Of these ladies,1[ Elizabeth married Edmund Chaterton, f Hist.ofNorf. and left an only daughter, who wedded Thomas Hertshorne, of Gissing, esq. ; Julian p. 177-9. became the wife of Robert Duke, of Brampton in Suffolk, esq., and left an only daughter Alice, who espoused John Kemp, of ^A'eston, esq.; Ijetn^een M'hich John, and Tliomas, the inheritance was afterwards divided. John Kemp had a son, Robert, from whom descended Sir Robert Kemp, created a Bart, in 1642. a A Robert Boutevilain is mentioned in the roll of those who were tilters at the tournament at Stebenhithe (Step- ney), or Dunstable, the 2 Edw. II., and bore for Arms, viz. Arg. 3 Crescmts Gu. BUTTEVELYN . — (Arms. Argent, three Crescents Gules). William Buttevelyn, founder of Pipewell Abbey.^Joan, dau. of Sir Ralph Camois. Robert Buttevelyn, son and heir.=F Robert Buttevelyn. J- William Buttevelyn. J- Robert Buttevelyn, slain in Scotland, 24th June, 13H.-r- p, . Robert Buttevelyn.=pKatharine dau. of Thomas Gardiner of Gissing, co. Norfolk, by his second wife. 1 , Robert Buttevelyn, junr.^ T William, ob. 1465, s. p. Elizabeth.=FEdward Chaterton. Jiilian.^^Robert Duke, of Brampton, co. Suffolk. I 1 I I 1 Elizabeth, m. Thomas Herteshome. Alice,m. John Kempof Weston, aquoSir Robert Kemp, cr. Bait.ao- 1642. BARONES PRETERMISSI. 51 BRARAZON.— (8 Eow. II.) '^This name is considered to have been assumed,* from the province of Bra})ant, in * Lodge's Irish PccrflfirCi Flanders, out of which country the ancestor of tliis family is asserted to have come over with William the Conqueror.t Be this point, however, as it may, certain it is that + Battle Roger le Brabazon, in the time of Hen. III., held lands at Moseley, (sive Muscly), ^^ in Leicestershire; and, according to Mr. Lodge, J married Beatrix, one of the sisters and + Lodge's co-heirs to Manser Biset, relict of William Keleby,§ and by her had issue two sons, |"orig'in^^^2l Roger and Matthew : of these, Edw. i.Rot.7 Roger le Brabazon, the eldest, 28 Edw. I., 11 had a license for a market and fair, at II Rot. Char, his manor of Sibertofte, ni the county of rsorthampton ; as also for tree warren there, and at his lands in Leicester, Derby, and Nottinghamshire: the like privilege he also ob- tained in 35 Edw. I. If for other lands at Pickwell, in Leicestershire; Rowlandrich, in lITbid.35Edw. Oxfordshire ; and Kneveton, in Derbysliire. This Roger was a person of great note, and was made one of the judges of the court of King's Bench, 18 Edw. I.,** after when, in the 24th of the same reign, he was con- ** Chron. Jurid stituted Chief Justice of the Common Pleas ;tt in which capacity of one of the king's ff ibid, judges, he had summons to parliament J± from 2,3 Edw. I. to the 8 Edw. II. ; but in that +j Dugd. List, year, and in several preceding years he had summons among the barons of the realm ; "™' for, it seems, that the parliament in those days was (not unfrequently) called together by a consimilar writ,§§ directed as well to the nobles as to the king's justices, which latter §§ ibid. were not, on these occasions, distinguished from the barons as ceeteris de comilio nosfro.^ At length, having served the crown to a very old age, |j|| he was allowed to retire !lii Chron. from his seat on the bench; but the king nevertheless retained^^ him as one of his council, fj^ i[ Rot. Pat. He married Beatrix,*** daughter and heir to Sir John Sproxton, of Sproxton, in the l^^"^' '^' ™' county of Leicester; but Lodge**t says he died without issue, and was succeeded in his *** Esch. ii Edw. II. n. 42. inheritance by Matthew, his brother and heir before mentioned; which Matthew'' was **t Lodge's ancestor to the Brabazons earls of Meath in Ireland. However, if B\irton**j is to be ac- Voi'^l'^^'m **t Hist, of ' Leic. p. 250. a It may be observed, that some of the Justices and king's counsel were considerable tenants in capite de Corona ; which may account for their being occasionally summoned by the same writ as the barons ; though afterwards included in the summons with the other judges. b Mr. Lodge, for the truth of liis statement, cites an inquisition taken the 19 Edw. II. (Esch. n. 52), proving him heir to his brother ; and that by Sarah, his wife, he had two sons ; vi:. William, his heir, and Roger, prior of Tinmouth. William lived at Garthorpe, county of Leicester, which manor, with that of Sproxton, were given him by his uncle Roger, the judge. This William married the daughter of Trussel, and had issUe two sons, John, his heir, and Thomas, ancestor to the earl of Meath : John married Agnes Watton, and had a daughter and heir, Joan as above mentioned. The material point of this difference between Burton and Lodge is, that, if any baronial honour was vested in the judge, it passed to his issue according to Burton ; but, if he had no issue, as Lodge asserts, then it became ex- tinct. Lodge, however, seems wrong in making Thomas a brother of John, unless he was a son by a second wife. 52 BARONES PRETERMISSI. credited, he had issue a son, William Brabazon, who married Jenet, daughter of William Trussel, and had a son, John Brabazon, who by Agnes his wiie, daughter of Richard Whatton, had Joan, his sole daughter and heir, who carried the said manor of Sproxton in marriage to William Woodford. * Inq.ad Quod This Roger le Brabazon is recorded as a great benefactor * to several religious II 11.150. 200. houses; viz. the abbey of Newborough, the priory of Tickford, and the abbey of West- l/''n'''73^'^''' ^nster.t BRITANNIA.— (33 Edw. I). The name of John de Britannia occurs in the writ of summons to parliament of 33 t Dugd. Lists Edw. 1. 1 in which writ he is denominated John de Britannia, junior, this was by reason that his father John, duke of Brittaine, or de Brittannia, was then living. This § Mille's Cat. John de Britannia, junior, appears to be a younger son § of John de Dreux, duke ii^^ndford's °^ Brittaine, and earl of Richmond ; which duke John married || Beatrice, daughter of Genrai Hist, king Henry III., and had issue several sons. Of these, Arthur, the eldest, succeeded him in the dukedom ; and John, the second son, by „ Mille's ut *^® favour^ of king Edward I. and the surrender of his father, obtained*! the earldom supia. of Richmond, of which title he is mentioned in the writ of summons of 34 Edw. I. and *t Ibid. by which dignity he afterwards continued to be called to parliament. He is stated to have built the body of the church of the Grey Fryers, in Newgate- *X Cat. of street, in 34 Edw. I., where, upon his death, he was buried, according*! to Ralph Brooke ; ♦s" MUie'f ^ but Milles, in Glover's book, says that he died in Little Britaine, and was interred*§ at Cat. of Hon. Vanys, anno 1334.» He had no issue ; on which his title of earl of Richmond was given to John, his nephew and heir, son of Arthur, duke of Brittaine, (or Brittany), before mentioned. It appears, that the said John de Britannia, by the addition of junior, was, 33 Edw. *|| Rot. Pat. I,j appointed* II the king's locum tenens in Scotland, with a grant of three thousand marks m. 6. per annum*! out of the issues of that kingdom. *1I Ibid. BRITON, OR BRETUN.— (29 Edw. I). Of this name, there are noticed several very eminent persons ; whereof, Walter Briton, in 12 Hen. II., upon the assessment of aid for marriage of Maud, the *** Hearne's king's daughter, certified*** that he held fifteen knights' fees, de veteri feoflfamento, of the Lib. Nig. Scacc. a Leland also states, that he died in Brittaine, and was buried at Vanes, but says anno 1330. BARONES PRETERMISSI. 53 earl of Moreton, and that William Briton held of him one knight's fee. Of this barony a moiet}' afterw'ards came to Walter Croc, nephew of the said Walter Briton ; which Walter Croc, in the 2nd of king John, surrendered the same to the king, to the end that he would enfeoff Richard Briwere thereof, to hold the said moiety to him and his heirs, of the king and his heirs in capite.* * Mag. Rot. Thomas Briton is another person, who was of great consideration in his time, and, -j' ^ Dors. & along with xVlice his wife, was found one of the co-heirs to Bryan de Lisle,t and had ac- ?°y-^P' cordingly, liveryj of such part of the inheritance, as in the division was allotted for their Hutchin's' -share. This Thomas Briton seems to have been the son and heir of a William de Briton ; voi. I. p. •n. for Hutchins, in his Historj' of Dorset, states§'that, in the 3rd of king John, Brian de g^-a^'c^'ig"*' Lisle, of Brienston, in the said countj^, (whose chief seat was in Yorkshire), paid a fine of Hen. III. Dors, one himdred and twenty marks for the wardship and marriage of the heir of WiUiam § vol. I. p. 84. Briton. From this line, likely, descended Philip' Briton, who, 35 Edw. I.,|l was seised n Esch. 35 of a considerable estate in the county of York. Contemporary with this Thomas, was "' ' °' " Ranulph Briton, who, 11 Hen. I1I.,1[ held to him and his heirs certain lands at ^ char. Rot. Blatherwick, in Northamptonshire ; and the 12th of the same reign, had of the grant of the ^^9?^° '^' prior of Longa-Villa** certain lands and privileges in a place called Kingescrabbe, and ** Ibid- 12 Stocholt, in the said county; where, also, in 15 Hen. III.,tt he had the manor of Oxe- ff ibid. 15 thorpe. Tills Ranulph was a person of consideration, and was Chancellor as well to the "' king as to the queen,tt in which office§§ he died of an apoplexy, circ. anno 1247, the ++ chron 3lHen.III.|ll| _ gna.^/ John Briton (another person of great eminence), was bishop of Hereford, and is II 11 Matt. Par. represented to have been a great law^'er, which, if so, he may have been the same who, p. 027. ' 53 Hen. III,^^ was made one of the king's justices. He is asserted by some to have HH Rot. Pat. written an excellent treatise upon the laws ; but as the bishop died early in the reign of „. 1. n. 2. Edward I., and the book notices several statutes subsequent to that time, it is considered *t Nicholson's ^ ^ Hist. Librar. by bishop Nicholson*t to have been compiled by that John Briton, the judge,* J who * J Cbro. Jurid. was living in 1 Edw. II. Hot. is^Hen. William Briton, a person also of some note (coeval with Ranulph and the bishop), in III. n. 6. Ibid. 16 15 Hen. III.,*§ held lands at Dudinton, in Northamptonshire, and in the following year Hen.Ill. n.l9. ^^ £iScli 45 had a license*|| for his dogs to hunt the fox, &c. He died about the 45 Hen. III.,*1I Hen. in.n.18 being then seised of divers lands and manors at Boxted and Stanwaj"-, in Essex ; Dodinton, .- H^"^iir' Blatherwick, &c., in Northamptonshire ; Cranden, in Cambridgeshire ; and at Westleye, 1^°' ^•, • **+ jjiij^ Foed Burgh, Dollingham, and elsewhere on this side theTrent, holden of the king in capite. Mil.24Edw.I. John Briton son and heir of WiUiam, had Uverj-*** of his inheritance in the same 45 H^^^iif ' year of his father's death. He had issue**t another John,**t who died about the 34 Edw. ^°'- ^• . . **§ Esch. 34 !.,**§ leaving issue a son John, who died under age the 4 Edw. II.,**|| and a daughter Edw. I. n. 29. Maud, who became heir to her brother, and had livery of her lands the same year, being Edw 11 n 32 54 BARONES PRETERMISSI. * Original. 4 then* of full asre, and the wife of Richard de la Rlvere, by whom she had a dail He is probably the same mentioned as Sir Moryns le Broun, one of the tUters at the tournament at Steben- hitbe, CStepney), or Dunstable, the 7 Edw. II., when he bore for arms, viz. Arg. a Cross Moline, Or. c Vide Rot. Pari. 13 Edw. IV. A.D. 1473. v. 6. c. 70.— M^illiam son of Piers, son of Edward Shetford, cousin and heir to Joan, one of the sisters and heirs of Sir William Bruyen, knight, also Thomas Bodulgate, cousin and heir to Alice, and sister of the said Sir William Bruyen. d Hutchins, in his History of Dorsetshire, (Vol. II. p. 320), asserts, that William le Bruyn left a daughter and heir, Joan, wife of Thomas Overton, who, 45 Edw. III., released to Sir Robert Marney, knight, and Alice his wife, and to Ingelram and Richard, her brothers, her right in the manors of Randolveston, South Okendon in Essex, and Bekenham in Kent, and Rownore and Midgbam in Hants. This rather intimates that the said Joan must have been the issue of a former wife, and entitled to the manors here recited, under some settlement or other, and as such, that Ingelram and Richard were her half-brothers. N.B. — Philpot in his History of Kent, (p. 63, Bekenham near Bromley,) says the name in Latin records was de nipella; in French, De la Rochel ; in English, Rokely, (derived from Rochel in France,) that Richard de Rokely died seised of Bekenham int. alia, 5 Edw. I. (Esch. no. 6) and was succeeded by PhUip de Rokely, who left an only daughter Isolda, who married Wiiliam Bruin; and had Sir Maurice, chamberlain to Edw. III., and summoned to parliament as a Baron. He died the 29 Edw. III. — no. 38. Philip de Rokely died 23 Edw. I. — Esch. no. 39. ' I 58 BARONES PRETERMISSI. Ingelram le Brayn, the eldest, married Elizabeth, daughter of Sir Edmund * de la * Morant's Pole, (one of the co-heirs of the barony of Handle,) and had issue,'' t^Rot. Pat. 13 Sir Maurice le Bruyn, knt., who, 13 Hen. VI., obtainedf a confirmation of those char- Hen.Vl.n.14. j.gj.g ^f fj.gg ^yarren for his lands in Kent, Wiltshire, and Essex, which were granted by J Rot. Cha. Henry III. j to his ancestor Richard de la Rockele. He married Elizabeth, daughter Hen. III. of Sir Henry Radford, (or Ratford), knight, and had issue two sons, Henrj- and Thomas, hereafter named. Henry le Bruyn, the eldest son, died in his father's lifetime, having married Eliza- § Morant's beth, daughter and co-heir of Sir Robert Darcy, of Maldon, § in Kent, and had issue by her, two daughters, who became his co-heirs, and the co-heirs general of Sir Maurice le Bruyn their grandfather ; and in such capacity became also the heirs general to the barony (if any was created), arising from the personal writ of summons of their ancestor Maurice le Brune, (or Bruyn), to parliament in the reign of Edward II., as before men- tioned. Of these two co-heirs, I Hutchin's Alice le Bruyn, the eldest, married, first, || Sir Robert Harleston, by whom she had a son John; secondly, John Heveningham, by whom she had a son George; and thirdly, If Morant's according to Morant,1[ AYilliam Berners, Esq. Elizabeth le Bruyn, the second co-heir, married, first, Tliomas Tirrel, of Herons and ** Ibid. Okendon, in Essex, by whom she had issue William and Hugh ** ; secondly. Sir Wil- liam Brandon, knight, by whom she had the famous Cliarles Brandon duke of Suffolk ; tt Ibid. thirdly, William Mallory, esq.; but this gentleman is by some authorities tt represented as the first husband of Elizabeth. The Eldest male line of the Le Bruyns, having thus terminated in female issue, Thomas le Bruyn, second son of Sir Maurice, was the male continuator of the family, J+ Rot. Pat. and as such, 21 Edw. IV., had hcense Jf to enter upon the entailed lands. He married ^^ 1. ^' ' Elizabeth, cousin and co-heir of William Sturmy, of WoK-hall, esq., and had issue John, father of another John, whose son Henry Brune, by Elizabeth, daughter and co-heir of Nicholas Martin, of Athelhamp- ston, of an ancient baronial family,'' had issue John, who married Bridget, daughter of Sir Edward Seymour, of Berry Pomeroy, in Devonshire, but died without issue, circ. 1639: and Cliarles Brune, who was of Plumber, in the count}- of Dorset ; and by Mary, the a Some authorities make a John to be son of Ingelram, and to have left a daughter and heir Margery, who by Arches, had Margery Shakyll, her daughter and heiress. 1) This Nicholas Martin married Margaret, daughter and heir of John, and sister of Nicholas Wadham, of Mer- ryfteld, in the county of Somerset. The said Nicholas Martin was son of Robert, by EUzabeth, daughter and heir of John Kelway, of Rockburne, in Hampshire ; which Robert was son and heir of Thomas Martin, by Mary daughter of James, brother to Giles, lord Daubeney. m. n.VROXES PUETERMISSI. 59 daughter of Robert Coker, of Mapaiuler, esq., had two sons ; I'iz. John and Charles ; of these, tlic eldest Jolin Brune, died circ. 1G45, having had issue by Mary his wife, daughter of Edward Hooper, of Boveridge, esq., an only daughter Mary, who married Sir Ralph Bankes, knight, of Corfe Castle, in the county of Dorset, ancestor of the present Henry Bankes, esq., of the same place, and of Kingston Hall, in the county aforesaid, wlio is now the lineal heir general descended from Thomas, second son of Sir Maurice Bruyn, great-grand- son of Maurice, the baron who had summons to parliament in the reign of Edward II. Charles Brune, esq., youngest son of Charles and Mary Coker, was twice married, and by Jane, daughter of Henry Collier, of Hermitage, esq., his second wife, had issue Charles, who, by Betty, (or Elizaljeth), daughter and heir of Mr. JefFery, of Bagboro' in Somersetshire, had several sons who died issueless,* and three daughters, Betty, Jenny, * Hutchin's and Mary ; whereof Betty married Morton Pleydcll, of Shitterton, esq., and had issue ,,. 358.' a son, Charles Pleydell Brune, esq., living anno 177 " G. a Cross patonce Arg. on a Chief Az. a Lion passant, O." Chauncy of Lincohishire ; viz. " Arg. a Chevron G. within a Border, S. cliarged with S Bezants.*' CANCI, sivE CHANCI, of Lincolnshire. t Dug. Bar.^ Simon de Canci, according to Dugdale,t was cotemporary with Anfrid, the son of t Chauncy's Walter de Canci. But Chauncy, in his account of Hertfordshire, and pedigree of the Hert. p. GO. family, J makes him brother to the said Anfrid. This Simon, 12 Hen. H., on the assessment of aid for marriage of the king's daughter, certified his knights' fees to be § Heame's five, de veteri feoffamento ; S for which, on the collection of that aid, the 14 Hen. II., he Lib. Nig. . . . Scacc. Line, paid five pounds. He was a considerable benefactor to the Knights Templars, and gave to them the church of Wylughton, in the county of Lincoln. Plis wife was Helewise de Swinope (a Fleming), who probably brought him the manor of Swinope, with several others in the county of Lincoln, which were j)ossessed by his descendants. But, on or before the 30 Hen. II., he died, leaving the said Helewise his wife surviving, and Simon his son and heir, which Simon de Canci, the 6 Ric I., upon the collection of the aid for that king's redemp- tion, paid five pounds for the knights' fees he then held. But, the 1 7th of John, being one of those great men who were in arras for the redress of the national grievances, he was termed a rebel, and his lands were seised, and given to Richard de Gray. After, Dug. Bar. when no further mention is made of him in the Baronage. || Sir Henry Chauncy, how- ever, in his History of Hertfordshire (p. 60), continues the account of his family, and recites, that the said Simon » married Maud, the youngest sister and heir of Geofferj- de Benin gwal, and had issue p. 627 a Chauncy also asserts, that Philip de Canci was a younger brother of Simon; which Philip, for his inheritance, had given him the lordship of Swinope, with others in the county of Lincoln : for it appears that, 47 Hen. IIL, a Philip de Chancy was seised of the said manor, &c. (Inq. P. M. 47 Hen. III., n. 30.) ; — also, that, 35 Edw. L, another Philip held the same ; (Inq. P. M. 35 Edw. I. n. 37), and 4 Edw. II. , William, son and heir of Phihp de Canci (sive Chauncy) was possessed of the manors of Swinehope, Cotes, Scraythfeld, and Billingeye, in the said county of Lincoln, (Inq. P. M. 4 Edw. II., n. 46) ; at which time, on his decease, Walter de Gloucester, the king's escheator, had command to take into his hands the lands whereof the said Wilham de Canci (or Chauncy) died seised, (Rot. Orig. Scacc. 4 Edw. II. Rot. 3). BAROXES PRETERMISSI. 63 William de Canci, who, by Isabel his wife, was father of Sir Philip de Canci ; wliicli Sir Philip de Canci married Isaliel, daughter and heir of Thomas Marsey, and liad a daiigliter Isabel, who became tlie wife of Thomas de Canci, of Schirpenbec : also a son, Gerard de Canci, his heir and successor, wlio had an only daughter Isaljcl, who died issueless ; so that Isabel, her aunt, became the heir of this house, who was married, as "lefore mentioned, to Thomas de Canci, of Schirpenbec. This Gerard died 15 Edw. II.,* * l'"i- PM- . .15 Edw. II. eavmg Ada his wife surviving; who, the same year, had an assignment of dower in the n. 45. ands of Wylughton and elsewliere, in the county of Lincohi,t and likewise in the manor f Rot. Orig. )f Hoghton, in Nottinghamshire. Rot'^ir.' "* CANTELO, sivE CANTILUPE.— (21 Edw. I). This house was a younger branch of the Cantilupes, of Aston-Cantilupe, in the county of Warwick, and commenced in the person of John, third son (according to Dug- dale t ) of William de Cantilupe, lord of Aston-Cantilupe, and sheriff of the counties of t Dug. Bar. Warwick, Leicester, Worcester, and Hereford, in the reign of king John and Henry ° • • P- ' III., which John de Cantilupe (sometimes written Cantelo) had a charter for free warren in his mds at Funtel, in Wiltshire, 41 Hen. III. ;§ and, in the same year, had a charter for § Rot. Char. ,is manor of Snytenfeitd,\\ otherwise Snitei-field, in the county of W^arwick, which was ^ ^^^' lolden of Tliomas de Clinton, bv the service of one knight's fee.lf He married Marge- H ""'^- ""• 2- y, daughter and heir to William Cummin, of Sniterfield, and had issue John, his Vol. I. p. 443. uccessor, and Walter, who was a priest and rector of Sniterfield. He died about the 16 ZAw. I.; for in that year,** the king's escheator had command to take into liis hands ** Original, he lands whereof the said John had died seised. I^ot j"^' John de Cantilupe, heir to his father, in 24 Edw. I., was one of those who had .ummonstt to attend, with horse and arms, at Newcastle-upon-Tyne, preparatorj- to an tt Dugd. .•xpedition against the Scots : also, 26 Edw. I., had summons to attend with horse '^'^ ^'^'"' md arms, at Carlisle; on which occasion]; J he is denominated a baron. He married, ++ Ibid, iccording to Collins,§§ Margaret, daughter of John, lord Mohun, of Dunster, and had §§ Collin's ssuellll a son John, who died before him, and a daughter Eleanor, who became the wife tirodawar. )f Thomas West, ancestor to the present viscount Cantilupe and earl Delawar, which " " ^"^d- Antiq. Co. rhomas thereby added the Cantilupe inheritance to the patrimony of his family. Warwick. Dugdale, in his History of the Cantilupe family ,T[t has only commenced his account KH Dugd.Bar. 'ith that WUliam who flourished in the reign of king John, but has not mentioned the ' ' ne of his descent; it, however, is manifest, that, 12 Hen. II., upon the assessment of d for the marriage of Maud, the king's daughter, one 64 BARONES PBETERMISSI. r.,"f.^™/' Ralph de Cantilupe held* two kniffhts' fees of William de Romara, earl of Lincoln : LibNig. Scacc . ° ' Vol. I. p. 264. at which time also, t Ibid. Walter de Cantilupe likewise held t two knights' fees of the same earl. And, if he t lb. p. 228. .^as the same person, held, J at the period before stated, along with Robert Chevau- chesul, four knights' fees of Geoffrey Mandeville, earl of Essex. § ^b'"!- Robert de Cantilupe is also noticed by the said Geoffrey, earl of Essex, as then § holding one knight's fee, as aforesaid. These three persons are all unnoticed by Dugdale, as are also the following, who, if not of one kindred, were at least cotemporaries with the first William de Cantilupe, of whom the baronagian makes mention. 11 Rot. Char. Fulk dc Cantilupe, in the 7th of king John, had lands || in the county of South- '""■ '■ ' ampton. He was considered one of that monarch's evil servants, and as such is % Matt. Par. represented by Matthew Parish as a knight, who was devoid of every spark of humanity. ** \vd' nn Roger de Cantilupe, 15 Hen. III.,** was sent by the king as one of his ambassadors 1231, p. 310, to the sovereign Pontiff at Rome.ft He was not only a priest, JJ but a person of note tt Rot. Pat. in the royal favour. In the 32 Hen. III. he had license§§ to impark sixty acres of heath 15 Hen. III. -^^ Badewe, within the boundaries of the forest of Essex ; and, the 37th of the same m. 4, n. 5. ' 3 7 < It Matt. Par. reign, had a license|l|| to hunt throughout several counties. §§ Ro't.Pat.32 Baldwin de Cantilupe heldm[ in Powrd' one hundred shillings land of the gift of Hen. III. m. j^^^ John, with the daughter of Alard Fitz-William ; but by what service was at that III! Ibid. 37 time*t unknown. HH Lib. Feed. These seem to have been the principal persons of the Cantilupe name, who were V. 1. p. 128. cotemporary, and in such respect, presumed allied to each other. Dugdale has not re- t Ibid. ferred to one of them ; whose notice of families in general, may be observed to be chiefly confined to immediate, and not to collateral descents. Indeed, as these branches are not recorded as of baronial distinction, any mention at all is in a certain degree irrelevant, were it not to point out, in the first instance, that the name is of more antiquity than Dugdale attaches to it ; and, in the second, to show that the members of the common stock took pretty good care of themselves in the turbulent reigns of king John and Henry III. ; and probably, from a low origin, by the temper of the times obtruded themselves into wealth and notoriety.* CAREW.— (29 Edw. I). The descent of this family is from a yoxmger branch of the same common ancestor as the Fitz-Geralds, in Ireland, and the house of Windsor, in this kingdom. a An old MS., once belonging to the College of Arms, and now in the hands of the editor, (but without the name of the compiler) states that Richard de Cantilupe, in the time of Edward I. was baron of Hanslape, in Northampton- shire, whose heir general married Sir Thomas West, ancestor to the Lord la Warre. *• BAUON'ES PRETERMISSI. 65 Walter Fitz-Other (stj'^led de Windsor, from being governor of that castle in the time of the Conqueror), had several sons, whereof William was progenitor to the family of Windsor, earl of Plymouth ; and Gerald, (styled Fitz- Walter), M'as the ancestor of this house." This Gerald was Castellan of Pembroke, and according to Camden,* had a grant made to him by * Camden's Henry I. of the manor of Moulesford,' in Berkshire. He married Nesta, daughter of Berks. Rees, son of Theodore the great, prince of South Wales, and Ijy her had issue several sons; I'j^. William, his heir;t Maurice (called Fitz-Gerald), progenitor to the house t Vincent's of Leinstcr, in Ireland; Richard, and David, J bishop of St. David, who died circ. 1176. CoU. Arm. William Fitz-Gerald, the eldest son, is so presumed, because he became possessed I sf e'^T^ of Carew Castle, in Pembrokeshire, which, with divers manors, were acquired by his Angl. p. 511. father, through his marriage with Nesta, the daughter (as before mentioned), of the prince of South AVales. This William, according to some, married Catherine, daughter of Kings- lej', of Kingsley, in Cheshire ; and according to others, married Marrio, daughter of Stephen, Constable of Cardiganshire, and had issue several sons ; i/'ir. 1. Otho ; 2. William, progenitor to the Gerards of Lancashire, — the Gerards, earls of Macclesfield, and barons Gerard, of Broralev : 3. Raymond, who married Basilia,& sister to Richard Strongbow, § Vincent's ,.„,,,,.,•,,•• • , ' Baron. MS. in earl of Pemoroke, but aied \^^thout legitimate issue." Coll. .\rm. Otho Fitz-Gerald, the eldest son, along with William his father, gave the \'illage of Redbard,|| a short distance from Carew Castle, to the Knights Templars. He married II Ex Coll. Margaret, daughter of Richard Fitz-Tancred, and by her had issue William, hereafter Registr. St. mentioned, and Stephen, ^^•ho gave his estate to religious houses. JohanHierosol William, eldest son of Otho, is the first of his family -who is represented to have taken the name of Carew." He had a confirmation ^ of the manor of Moulesford, in the If Rot- Char. 14th of Idng John. He married the heiress of Degon (or Ti-egon), baron of Ydron,** in **CamdBritt. the county of Catherlough, in Ireland, the lands of which barony long continued in the line of his descendants,tt whereof tt Ibid- Nicholas de Carew, 29 Edw. I., was one of those eminent persons, who in the par- a While this descent is given, as the one most generally accredited, it should, nevertheless, be observed, that some authorities, (Milles' Cat. of Hon. p. 738), derive this family from Arnulpb de Montgomery, brother to Robert, earl of Shrewsbury ; and thus, in Leland, (Leland's Itiner. Vol. III. p. 70, f. 40), it is stated, viz. " Carew married an heir general of the stock of Mohun, of Devonshire. Carew trew name be Montgomerik, and he is written thus in old evidence, Montgomerik D'n's. de Careiv." But in Camden's remains, (Cam. Rem. p. 121), this matter is explained by the statement, " that one Adam de Montgomery married the daughter and heir of Carew, of Molesford ; and his son relinquishing his own, left to his posterity his Mother's name of Carew, from whence descended divers families." ^ The illegitimacy of the house of Fitz-Maurice, earl of Kerry, in Ireland, is stated by Lodge, to be on the authority of Giraldus Cambrensis. — Vide Lodge, Vol. II. p. 101. c Contemporary with this William was Roger de Cam, who, in the 5th of king John, had a grant for a market at his demesne of Eton, Bucks. — Chart. Rot. 5 Joh. m. 6. 66 BARONES PRETERMISSI. of Summ^'"'^ liament* at Lincoln, though not summoned thereto had his seal affixed to that memorable letter which was sent to the Pope, maintaining the king's supremacy over the realm of Scotland, on which occasion he was denominated Nicholas de Carru, Dominus de Mules- t EscIi.SEdw./ort?. He died about the 5 Edw. II.,t having had issue several sons : of which, J Vincent's John Carew (or Carru), by Joane or Jane, his second wife, daughter of Richard t CoirA™^" '" 'T^l^ot, of the county of Gloucester, had issue another John, which John de Carru was both a soldier and a statesman, and served king Edward III. in the wars of France, with great honour and renown, and was by that king made Lord § Camden's Deputy of Ireland ;§ and in the 35th of the same reign, had summons to the great Annals of lie- ... . ° land. council, which was then appomted to convene at Westmmster, to take into consideration the affairs of that kingdom. But, excepting on this occasion, and in the parliament at Lincoln, before mentioned, the name of Carru, or Carew, is not noticed among the an- cient peerage-barons of the realm ; but in later times the family was raised to the peer- II Vide Extinct age by the title of earl of Totness,|| now extinct. Baionage,vol3 CLARE.— (3 Edw. II.) Richard de Clare, 3 Edw. II., was summoned among the earls and barons of the If Claus. Rot. realm to a parliament convened to meet at York,T[ on the Sunday next after the feast of the Purification. This Richard was, doubtless, descended from Thomas, a younger son of Richard Clare, earl of Gloucester and Hertford, who died 46 Hen. III., leaving Gilbert, his son and heir, Tliomas, his second son, and other issue ; which Thomas de Clare died in the 16 Edw. I., having had issue by Amy, or Juliana, his ** Esch. 1 wife, daughter of Sir Maurice Fitz-Maurice, Gilbert, who died the 1 Edw. II.,** leaving "■ ■ "■ ''' Isabella, his wife, surviving. Richard, summoned to parliament as before mentioned, who, by Joan, his wife, had a son, Thomas, who died -wdthout issue, seised of a great tt Ibid. M estate in Ireland, the 14 Edw. II.,tt when his aunts, Margaret, who married Bartholo- ■ ■ ■ ■ mew, lord Badlesmere ; and Matilda, who married Robert, lord de Clifford, became his tX Originaiia co-heiresses ; which Matilda seems to have married also Robert de Well.|I 15 Edw. II. Rot. 14. CLIVEDON.— (22 Edw. I.) Reymund de Clivedon, 22 Edw. I., had summons, with divers other persons, barons of the realm, to attend the king wheresoever he should then be (but no place §§ Claus.Rot. mentioned in the writ§§) to consult upon the affairs of the nation. But, excepting on 8. Dors. this occasion, his name is not contained in any writs of a parliamentary nature. BARONES PRETERMISSI. 67 Tlie name obtains notice as one very ancient in the county of Somerset ; for on tlie assessment of aid for marriage of the king's daughter, 12 Hen. II., WiUiam de Clivedoii is certified to hold two knights' fees of Henry Lovel,* and one of William, carl of Glou- * Lib. Nig. oCQiCC* V 01. J • cester :t the last was the manor of Clivedon. p 100. In the 25 Edw. I., Raymund de Clivedon was summoned to attend the king at London,! on the next Sunday after the Octaves of St. John the Baptist, with horse and j chms. Rot. arms, ready to sail thence into foreign parts. He bore on his seal, viz. a Lion rampant fj^^g ' ""' crowned. Edmund* de Clivedon, who was the last of his namcj lord of Cbvedon, died 50 Edw. III. ;§ the estates which he possessed descended to Edmund, the son of Tliomas Hog- , ^ .,j „ j4 shaw, by Emmelina his wife, daughter and heir of the said Edmund de Clivedon ; which Edmund Hogshaw died seised of Clivedon in 14 Ric. II. without issue; whereupon || the n ColUnson's So P- lands were divided between Sir Thomas Lovel, knight, the husband of Joane, one of the p^jg;. sisters of the said Edmund Hogshaw ; and John Bluet, the husband of Margery, the other sister ; in which partition the manor of CUvedon was assigned to John Bluet and Margery his wife. Sir Thomas Lovel, at his death, left a daughter and heiress, Agnes, who married Sir Tliomas Wake, knight, gentleman of the Pri^y Chamber to king Edward IV. COGAN.— (24 Edw. I.) This is the name of a verj' ancient and eminent family ■which became famous in the conquest of Ireland, in the time of Henry II., by which monarch Miles Cogan, along with Robert Fitz-stephen*" had a grant of the kingdom of Cork. This Miles, together with Ralph, the son of Fitz-Stephen, his daughter's husband was slainll between Waterford and Lismore, anno 1172, the 26 Hen. II. After him, ? Annals of _ ' ' Ireland, citing Richard Cogan, in ,the time of king John, held** the cantred of Mustry Omitton, Gir. Cambren- and was a person of great consideration in Ireland; but the principal acquisition of ** Rot. Char. English property was by the marriage of '? ^^' ™" ^' Sir Miles Cogan with Christian, daughter of Folk Paganel, lord of Bahuntune or » There is some reason to believe, tbat the name of liaymund and Edmund have been occasionally ascribed to the same person. In the great tournament at Dunstable, the 7th of Edw. II., the name of a Sir John de Clevedon Is mentioned as one of the tilters. — His Arms — " Arg. ove trots Escallops de Goules." b He was the son of Stephen, Constable of the castles of Cardigan and Pembroke, by Nesta his wife, daughter to Rees Gruffydh, prince of South Wales, who had been a concubine to king Henry I. This Robert had issue Ralph and Frederick, from whom descended the Fitz-Stephens, in Ireland. 68 BARONES PRETERMISSI. Bamptun, in the county of Devon, and aunt, and at length heir (in her descendants) of William Paganel, of Bamptun, who died without issue ; and of her niece, Ada de Balun, who likewise deceased issueless. * Chart. Rot. John Cogan, 51 Hen. III., had a charter* for a market and two fairs at his manors m. 2. of Baunton and Offculum, in Devonshire, and at Honespull, in the county of Somerset ; tIbid.53Hen. also in the 53 Hen. HI. had another charterf for divers markets and fairs at his manors in Ireland. t ciaus. Rot. He may be presumed the same person who, 24 Edw. I.,| had summons to attend § Esch. 30 t^6 great council at Newcastle-upon-Tyne, and died the 30th§ of the same reign, being Edw. I. n. 29. ^.j-^gjj seised of the manors of Baunton (or Bampton) Offculum, and Honespull, before mentioned. II Ibid. Thomas Cogan, son and heir of John, was twenty-six years old|| at his father's If Ibid. 7 Edw. death, and deceased 7 Edw. II.,1f leaving ** Ibid. Richard Cogan, his son and heir, sixteen years** of age, who, 11 Edw. III.,tt had a 11 Edw in license to castellate his mansion-house at Baunton ; to empark his wood at Ustolme ; "I- 56. and have free warren at Honespull (sive Hunespell), in the county of Somerset. He tt Esch. 41 died 41 Edw. III.,!! having had issue §§ Ibid. William Cogan, his son and heir, who was then about twenty-four years old.§§ This il 11 Ibid. 6Ric. WiUiam deceased 6 Ric. II., |1 1| having had issue by Isabel his wife, a daughter EUzabeth, and a son John ; which John Cogan died shortly after, in the 7 Ric II., aljout seven years old, lea\'ing the said Elizabeth his sister and heir, who married, first, Fulk, lord Fitz-Warine'; and second, Hugh Courtney ; but the inheritance of Baunton (or Bampton), with the other estates in nil Dug. Bar. England and Ireland, descended to her issue1f1[ by the lord Fitz-warine. *t Esch. 50 But this John could not be the same person who, 50 Edw. III.,*theld two fees in III. n. 13. Cogan, in Gloucestershire and the marches of ^ales. Miles Cogan.=T=Christian daur. of Fulk Paynell. s WiUiam Cogan. -p. John Cogan, cos. and heir to Ada de Balun, ob. 30 Edw. I., (Esch).^ Sir Thomas Cogan, son and heir, set. 26, ob. 7 Edw. II.=t= Sir Richard Cogan, ob. 41 =pMary, daur. and heir of Sir Richard Edw. III. (Esch. No. 15). | Wigbeare by Maud his wife. Sir William Cogan.=f Isabella, dau. and heir of Sir Nigel Lorings. John Cogan died 7 Ric. II. s.p. Elizabeth, sist. and heir.=pFulk Fitz-Warine, Issue, vide Fitz-Warine. BARONES PRETERMISSI. 69 COLESHULL.— (24 Edw. I.) Richard de Coleshull, 18 and 23 Edw. I., was one of the kniarhts* of the shire for * Willis's ^1 . „ , , . , , ^ , . o y ■ Notit. Pari, the county ot Berks, and, m the 24th of the same reign, was one of those eminent men who had summons to the great council, ordered to assemble at Newcastle-upon-Tynef t Claus. in but he seems to have died in the same year J being then seised of the manors of xUder- -i- escIi. 24 maston and Spersholt, in the county of Berks. ^''"'- ^- "• ^'^■ He probably was a professor of the civil law, as he is denominated§ Magister Ricar- LS^"^',^'""}'*' dm de Coleshull. He died without issue, and his brother Elias, who was his heir, there- Rot. G. upon had liver)'|| of the inheritance; which Elias, 4 Edw. 11.,^ obtained a license for II Ibid. Rot. ?• free warren in his demesne lands at Coleshull and elsewhere, in the county of Berks. Edw. II. 11.34! COMYN.— (35 Edw. III.) John Comyn, 35 Edw. III., was one of those eminent persons who had summons, along with several other great men, to meet a council then convened, to take into con- sideration the affairs of Ireland ; but as this summons was no creation of an English peerage honour, (although the writ is printed in Dugdale's Lists of Summons to Parha- ment,) an account of him is here the less necessarj^, inasmuch as the name of John Comyn is not mentioned again in any summons of a parliamentary nature. CORNEWAILLE or CORNWALL.— (35 Edw. III.) John de Cornewaille, or de Cornwall, 35 Edw. III., is included among other great men, who were summoned to attend a council to be holden on the then critical state of Irish affairs; his name is not, however, repeated in any subsequent writ, whereby he may be considered to have obtained the rank of an English parhamentary baron. The name of Cornwall, or at least a great family of that name, is said to have sprung from Richard, earl of Cornwall, brother to king Henry III., which earl is represented to have had two natural sons, Richard and Walter ; the former of which, Richard de Corn- wall, was ancestor to the Cornwalls titular barons of Burford, in Oxfordshire. Of this name was Geffery de Cornwall, who married Margaret, one of the two daughters and co-heiresses of Hugh Mortimer, baron of Richards Castle, mentioned in the Dormant and Extinct Baronage of England;** and also Sir John Cornwall, baron of ** Vol. I. Fanhope, noticed likewise in the same work.ft .j-j. vol. III. 70 BARONES PBETERMISSI. Edmund de Cornwall, anno 4 Edw. III.=pElizabeth, daughter of . I 1 ' -1 Edmund, s.p. Brian=p daughter of Peter. r ' n Johu=p daughter of Elizabeth, wife of John Blount. ' 1 Elizabeth, married Sir William Lichfield, knight. CREKE. This barony is one of the many which are unnoticed by Sir William Dugdale, al- though he has mentioned divers others of far less magnitude and importance. It is one which deserves the more attention, inasmuch as, upon the failure of the male line of the Creke family, Fitz-Osbert, who married the heir female of Bartholomew (the last Creke), had summons to parliament among the barons of the realm ; as had the family of Thorpe afterwards, who were co-heirs eventually to Fitz-Osbert; under both of which heads the descent of this barony will be more particularly noticed. CROPHULL.— (35 Edw. III.) This family is of considerable antiquity, and is mentioned with honour in the time of Edward II. ; when Raljih de Crophull had committed to him the counties of Nottingham and Derby, * Original. 6 to farm* the issues thereof, during the king's pleasure. Also, in the 9th of the same Edw. . ot - j.gjgj-1^ j-^g jjj^(} j.]^g custody of the counties of Salop and Stafford, with the castle of Staf- + Ibid 9 Edw. ford committedt to his care ; and, in 12 Edw. II., was appointed! escheator on this side +\b^d'i''Edw Trent. In 1 Edw. III. he was possessed, along with Maud his wife,§ of Bonyngton and II. Rot, 5. Sutton, in the county of Nottingham, with view of frank-pledge and other|| liberties, in § Esch.lEdw. , . , , . J r^ , • 1 • III. n. 44. the said townships. Alter him, his son, n*"RT°Ch 1 John de CroijhuU, seems to have made a considerable figure. He married Mar- Edw.in.n.be. gery,^ or Margaret, widow of William Blount, and one of the daughters and co-heirs of Vol.1, p. 474. Theobald de Verdon, an eminent baron, who held great estates as well in England as in BARONES PRETERMISSI. 71 Thomas de Crophull, whom, 45 Edw. III.,* he enfeoffed in the manors of Neubold- * J^'^;,^^ , . , . Edw. HI. n. Verdon, Cotesbeche, and Heniyngton, in the county of Leicester, whicli Thomas married as. SibiUa, daughter of John de la Bere, knight,t and had issue an only daughter. J t Dug. Mo. Agnes de Crophull, who married Sir Walter Devereux, knight, ancestor of Robert jVideBurton'j earl of Essex ; and, after his death, re-married Sir John Parr, of Kyrkeby, in Kendal. § J'-^ioll ut'*' supra. I Dug. Mon. DANE.— (1 Edw. II.) "'°"^"" The name of John le Dane has place in the Index to Dugdale's Lists of Summons to Parliament ; but on reference to the writ of the year referred to, viz. the 1 Edw. II., no such name is to be found mentioned therein ; indeed, no such name as John le Dane is noticed anjnvhere in the charter or patent rolls of that period, but the name of John le Dene occurs about the 4 Edw. II., when he was appointed!! chamberlain of H ^°*- P*'- ^ ' ^^ " Edw. II. m. 6. the Exchequer ; and the name of par. 2, Stephen de Dane is noticed in 6 Edw. II., at which time he was fined^l twenty marks 1[ Gross Fines, to the king for his transgression in acquiring (without hcense) the manor of Fauconest- Rot. 16 Kane. hurst, from Robert de Fauconer ; but neither the name of John le Dene, or Stephen de Dane, have any notice in the rolls of the summonses to parliament. In the Magna Britannia^ for the county of Kent, the name of Dane is mentioned as lord of the manor of St. Peter's in the Isle of Thanet. DAWNEY.— (1 Edw. III.) Of this name, anciently WTitten D'Aunej', or De Alneto, there appear to have been several persons, who, if not related to each other, were cotemporaries, and held consider- able lands in the counties of Devon, Somerset, and elsewhere ; of these, Richard de Alneto, 12 Hen. II., was certified** by the abbot of Tavistock to hold of ** Heame's him four knights' fees. At the same period, I. p. lis. William de Alneto was rebirned in the certificateft of William de Traci, of the county tt ibJp 122 of Devon, as holding of him one knight's fee and a half. Also at the same time, Alexander de Alno, or Alneto, of the county of Somerset, certifiedJJ that his ances- tx Ibid. p. 96. tors held by the service of one knighf s fee, de veteri feoffamento, and that his father > Vide Philpot's Kent, p. 88. — Dane Court was the Signorie in elder times of Sir Alan de Dane, who took his surname from it, and had his habitation there, temp. Edw. III. It continued a mansion for his decendants divers years after; but in the reign of Henry IV., the Foggs were lords of the Fee. The late eminent judge Dane, in the United States of North America, claimed descent from this family ; and had in his possession a very ancient pedigree of it. 72 BARONES PRETERMISSI. gave to Hugh de Alno, his brother, a part of the said fee ; which donation was made to him and his heirs, in the time of king WiUiam. * Dug. Bar. Henry de Alneto is also noticed* as liaving married Idonea, one of the sisters and co-heirs to Stephen de Beauchamp, of Essex, — a Baron mentioned by Dugdale. From one of these descended (as it is probable) John de Alneto, D'Auney, or D'Anney; which + Lodge'sIrisU John Dawney, or D'Anney, in the time of Edward I., held the manor of Shunock,t p.^'ios. ° i" the county of Cornwall ; " and also divers other lands in several counties. He married J ColUus's Jane,t one of die daughters of Peter le Cave, of Cave in Yorkshire, by his ^^^fe, Baronetage. jt o Vol. II. p. 165 daughter of Sir Thomas Bromflete, and had issue, Edward Dawney, whose son and heir, Nicholas Dawney, M'as a person of great note and of considerable estate in the coimties of Cornwall, Devon, and Somerset, where he § Rot.Cbar. 6 obtained a royal charter§ for free- warren in all his demesne lands; and also a license || Edw. II. n 63. , i /- • i • r oi i li Ibid. 8 Edw. for a market and fair at his manor oi ohunock. VI. n. 50. jj^ j.|-^g J Edw. III. he was one of those great men who had summons to be at New- castle-upon-Tyne, with horse and arms, to march against Robert de Brus : but this summons does not purport to have been a call to parliament ad tractandum. After this H Lodge' slrish period he is represented"^! to have peregrinated to the Holy Land, where he greatly p.'^Tos^''^ ^^^ distinguished himself against the infidels ; and on his return brought with him a very rich and curious medal, which for a long time was, if it is not at this day still, remaining in the possession of the family. ** Esch. 6 This Nicholas deceased about the 6 Edw. III.,** having had issue by Elizabeth, or Sec^NoV''^^ Joan, his wife, daughter of , several sons, whereof John Dawney seems to have been the eldest son, as he inherited the estates of his tt Rot. Cha. father in the counties of Cornwall, Devon, and Somerset, where he had a confirmationtt n. 53. of the privilege of free-warren, which his said father had before obtained. He died about Xt Esch. 20 the 20 Edw. III.,tt leaving issue by Sibyl his wife, an only daughter and heir, Emmeline ; Edw. III. n. , . , 33. which Emmeline Dawney, married Sir Edward Courtney, knight, son and heir apparent of §§ Ibid. 45 Hugh, the second earl of Devon, and died about the 45 Edw. ni.,§§ being then seised Edw. III. n. ^^ ^i^g greater part of her father's inheritance ||1| in Cornwall, Devon, and Somersetshire, 11 II Ibid. as before mentioned. By her husband. Sir Edward Courtney (who died in the lifetime of his father Hugh, earl of Devon), she had issue Edward, the third earl of Devon, and Hugh Courtney, of Haccombe and Boconnock ; whose descendants, under the account of the Courtneys, earls of Devon, may be seen more at large. •> According to the Magna Britannia (p. 1317, Cornwall), the church of Shunock was built by this family, and two knights of the name lie buried iu it. I BARONES PRETERMISSI. 73 )rotlier to John, the father of Emmeline, the famil the present viscount Downe, of the kingdom of Ireland, is considered to be derived. From Tliomas Dawney,* brother to John, the father of Emmeline, the family of * LoJge's Irisli Peer. DRAYCOTE.t— (24 EdW. I.) t vide Harl. MSS. No. 506 and No. 1052, Of this name, Richard de Draycote, by the description of Dominus de Wyleton, was (''*3)f°'- ^'• among the great men summoned to attend the king at Newcastle-upon-Tyne, with horse and arms, on the 1st of March, the 24 Edw. I.; and, in the following year he had sum- mons with the earls and barons of the realm to attend a parliament, to be holden at Salisbury, on the feast day of St. Matthew the Apostle.J 25'E'dw^r"m But, except on these occasions, the name of Draycote has no mention in the writs 25, Dors, of summons to parliament. Besides him there was Robert de Draycote, who, the 21 Edw. I., was seised of the manors of Radlynch and Draicote, in Somersetshire. § §E3ch.2iEdw. I. n. 23. EBROICIS.— (27 Edw. I.) William de Ebroicis, 27 Edw. I., had summons to a parliament to meet in London ; but his name does not appear in any subsequent writs of summons. He was probably an ancestor of the present Devereux family. ERLES.— (35 Edw. III.) William de Erleia, Erleigh, or Erie, 12 Hen. II., upon the assessment of aid for the marriage of Maud, the king's daughter, certified |1 that he held one knight's fee, de veteri II Heame's feofFamento, by the service of being the king's chamberlain ; but that he held nothing de v'ol! I'^p w\ novo feoffamento, a circumstance which clearly points out the antiquity of this family. The said William was the founder of a priory at Buckland, in Somersetshire, to which he gave the church of Beckington, in that county. John de Erleigh, his son and heir, held If the manor of North- Pederton, in the ^ Lib. Foed county of Somerset, of the king in fee-farm, by the rent of one hundred shiUings, to be ^°'- ^- P- ^O^- paid yearly at the Exchequer. He likewise held** certain lands at Corsham, in Hamp- ** Ibid, shire (to which he was heir), by serjeanty. ° ' '^' Henry de Erleigh, (Erley, or Erie), his grandson, and at length heir,tt held one ft Collinson's knight's fee of the king in capite, in Erleigh, (or Erley), near Reading, in Berkshire; and n'^'^'^^g"'" L 74 BARONHS PRETERMISSI. * CoUinson's also * the manor of Somerton Parva, (or Somerton Erleigh) in Somersetshire, of the Somers. vol.1. ... p. 751. King m capite, by seijeanty; but the ser\ice was at that time unknown.t At this t IbiU^ period the recordj styles him Ifn's. Henri de Erleg. He was one of those eminent men who had summons to the great council or parliament, convened the 45 Hen. III. to meet § Claus. 45 at London. § After, when he died, 4 Edw. I., being then seised|| of the manor of Erleigh, 3, Dors. near Reading, as before mentioned, and leaving his heir in minority.^ l^T^t ^^^' •^°^"' grandson of Henry de Erie, died 17 Edw. II., ** when it was found that he IT Original. 4 was seised of the manor of Erie aforesaid, together with the manors of North-Pederton, 5 and 19. Somerton Parva, and several other manorstt in the county of Somerset. This John had El II 57 ^ S^'antjj of a market and fair at his manors of North, alias Nether Pederton and Beking- and 62. ton, in the 12 Edw. II. tt Rot. Cha. John de Erie, next lord of Erie, 19 Edw. II.,§§ had the charge of the counties of g^ w. •"• Somerset and Dorset, and of the castle of Shireborne committed to his care. He diedl||| §1 Original, about 11 Edw. III., possessed of Erie, Somerton Parva, North Pederton, &c., lea\'ing 19 Edw. II. . .... . ' ' s Rot. 18. Elizabeth, his wife, surviving, who had her dower in the manor of Somerton, Ballcare and Edw!ll/n.ii. Pury ; and departed this life the .34 Edw. IILHIf He had two sons, John and Richard; HIT I'^'d. 34 and three daughters, viz. Catherine, prioress of Buckland: Ehzabeth, wife of Sir John Edw.IlI.n.77 . . . . , . Sec. Numb. Stafford ; and Alice, wife of Sir Nicholas Poyntz, knight.*t Somerset" Vol! John, son of John de Erie, 35 Edw. III., was one of those eminent persons (as it II. p. 199. would seem"! who had summons*! to attend a great council, to be holden at West- Lists. Sum. minster, in order to deliberate upon the disturbed state of Ireland, as affecting him and *§ Ibid. others holding lands in that kingdom, in the capacity of heirs to Caumville.*§ But this *ll Ibid. writ, by which the said John de Erie was so summoned, was addressed* || to the Sheriff of Staffordshire, whereby it is evident that it was not a call to parliament in the nature of a creation of a parliamentary peerage. *ir Esch. 36 The 36 Edw. III. he had a license*1[ to enfeoff Robert de Erie, his son, of the Edw.lII.n.Go. gshery at Erie, in the water of Lodpi; and the 44th of the same reign, had the like *** Ibid 44 license*** to enfeoff John Cole of Bridgewater, and Margery his wife, in the manors of and 45 Edw. NQj-^h Pederton, Somerton Parva, Dunston, and Bekynton, in the county of Somerset, Sec. Nos. ' ' with remainder over to himself and his heirs. **+ MS voc This John is probably the same who**t married Margaret, sister of Sir Guy de Chaos In Coll. Bryan, knight of the garter, and had issue a son, John de Erie (or Erleigh), who marricd**f **l Ibid Isabel, daughter of John Paveley, and had a daughter and heir, Margaret, who became**§ ' ■ the wife of John St. Maur, second son of Sir Richard St. Maur, knight ; after whose death she married, 2ndly, Sir Walter Sondes, knight; and 3rdly, Sir AVilliam Cheney, **il Collins, knight; and died 21 Hen. VI.** || The said John St. Maur, according to CoUinson, left Somerset, Vol. ^ gQj^ John, his heir, who was father of Sir Thomas St. Maur, whose son John had issue II- p. 199. Sir William, and two daughters, whereof Margaret married William Bampfjdde, of Polti- BARONES PRETEKMISSI. 75 more, in Devonshire, and Anne was wife to Robert Stawel, esq. Sir William St. Maur having had only a daughter, Margaret, who died without issue; the families of Bampfyldc and Stawel became the co-heirs of this family.* Somerset Vol This statement of Collinson is, however, contradicted by the evidences in the posses- H- p- 199- sion of the late Mrs. Earle Drax Grosvenor, M'hich set forth that John de Erle,t who was + uileiF's ^V^rtlirco67 s9. summoned to the great council, 35 Edw. III., died in 11 Hen. IV., leaving John, his son and heir, who married the dauyhter and heir of John Pavel)^,J and left issue one daughter, + n,;j 267. Margaret, who married three husbands, and left issue only one daughter, Margaret; which Margaret, sole heiress of Margaret, daughter of John de Erie, married John Erie, of Ash- burton, in the county of Devon, and had a son, John Erie, who was seised of Culhamp- ton, in Devonshire, and of Charborough, in the county of Dorset ; which last estate, in the course of various descents, at length came to the aforesaid Mrs. Erie Drax Grosvenor, as an heir-general of the family. Collinson says John de Erleigh, 8 Edw. II., bore on his seal three EschaUops, which arms were used by his decendants within a Bordure, engrailed G. and A. John Plecy, senr.=pElizabeth, daughter and co-heir of Sir Richard Havering.* I John Plecy, ob. 8 Heii. IV.=^Michaela, daughter of Michael John, son & heir ob. 20. (Esch). I ob. circ. 4. Hen. VI. I 1 John Plecy, 1. Robert, son of Robert=pJoan Plecy, =3. Thomas Grey. ob. 4. Hen. Camyl. I sister and 4. Richard Drew, — a quo Sir V. s.p. 2. John Renton. | heir. Thomas Apreece, Bart.b John Camyl, of Shapwick, co. Dors. 29 Hen. VI.=pIsabel I ^ ' Robert Camyl, ob. s.p. Joan Camyl, sister and heir.-pjohn ^\ ykes of Bindon co. Devon. Richard Wykes, of Bindon and Charbro', co. Dors.=p. Mary, daughter and co-heir married Walter Erie, Esq. who thereby acquired Bindon and Charborough. » Richard Havering at his death, 31st Hen. lU., held lands and tenements in Shapwick, of the earl of Leicester, Richard his son and heir. b Anuo incerto Hen. VIII., Christian, wife of Robert Apreece, held three messuages and two hundred and twenty acres of land once, Kobert Camraels, — William his son and heir. •,» Alice, daughter of Sir Richard Havering, married John Duller. — (Hutch. Dors. vol. 2. p. 116.) Walter Erie, ob. 1581.=pMary Wykes. I Thomas Erie, ob. 1597.T=Dorothy, daughter of William Pole, of Columpton, co. Devon. Walter Erie, ob. 1665.=^Anne, daughter and heir of Francis or Henry Dymoke, of , co. Warwick. I ' Thomas Erie, ob. vit. pat.=pSusanna, fourth daughter of William, Viscount Say and Sele. 1 1. Walter.=Ajui, dau. of Thomas Trenchard. 2. Thomas, ob. 1720.T=Elizabeth, dau. of SirWm. Wyndham, Bart. a 76 BARONES PRETERMISSI. Frances, daughter and heir, ob. 1728.=^Edward Erneley of Madington, co. Wilts. I 1 Frances. Elizabeth, daughter and co-heir, ob. 1759.=^Henry Drax, of EUerton Abbey, co. York, ob. 1755. I 1 ' r 1 I I I I I I 1. Thomas=Mary Edward.^Mary, d. of .4wn- Frederick Eliza=l. Augurhy, earl of Berkeley. Erie Drax, dau. sham Churchill, of 2. Robert, Viscount Clare. Esq , of of Henbury, county Mary=John Durbin. Charbro' of Dorset, esq. Harriet=Sir William Hanham. .- N Susannah = Alderman Crairvot, of London. Female issue. Frances ob. 1751. Two dau. ob. infants. FITZ-BERNARD, or BARNARD.— (6 Edw. II.) The family of Fitz-Bernard, or Barnard, though entirely unnoticed by Dugdale, was nevertheless of considerable note and standing in the county of Kent, having its capital * Philpot. p. mansion at Kingsdown near Ferningham, which manor it held by grant from king Hen. I.* Thomas Fitz-Bernard in the time of king John, had a grant to him and his heirs, of t Rot. Claus. the marshalship of the king's birds ;t ^ and Robert Fitz-Bernard was sheriff, and exer- ° ' cised the office from the 21st of the reign of Hen. III. to the 30th. Thomas, son of Tliomas Fitz-Bernard married Alianore daughter and co-heir of Ste- t MS. SirT.C. phen de Turnhani, according to a manuscript in the College of Arms. J roo s, o. . Ralph Fitz-Bernard, in the 24 Edw. I. was one of the eminent men summoned with the earls, barons, and others, to attend at Newcastle-upon-Tyne, equis et armis, for an § Esch.No 58 expedition into Scotland. He died about the 34th Edw. I.§ leaving Agatha his wife II Claus. 34 surviving, who had dower in Tliundersley, Ilmer, and Kingsdown ;|| his son w. .m. . Tliomas Fitz-Bernard was the first who had summons to parhament, to which he was called by writ from the 6th to the 15 Edw. II. inclusive. He died before the 8th II Esch.No 49. Edw. Ill.lf at which time,** on the death of Bona, his widow, John, his son and heir, 8 Edw'^III * ^^^^ livery of the lands she held in dower. I^ot- 5. John Fitz-Bernard, son and heir of Thomas, does not appear to have been ever ttEsch.no. 27. summoned to parliament. He diedtt the 36 Edw. III. without issue, when it is said by XI Philpot's Philpot, J t that the four daughters of Bartholomew Badlesmare became his heirs, in right ' ^' "of their grandmother Margaret who was his sister and had married Gunceline, father of the said Bartholomew. But this statement is contradicted in a recently published work, entitled, " Collectanea Topographica et Genealogica," which assumes much heraldic au- thority, (though Philpot was an herald of no mean credit,) and asserts, that on the death of John Fitz-Bernard, s.p.,"" Joan, daughter of Ralph, and sister to Thomas Fitz-Bernard, a Que ? this office acqmred by marriage, with Alice, daughter of William de Jarpenwell, (who married Albritha de Rumenel), Marshall of the King's Birds, temp. King John. ti Vide in claus. 34 Edw. 1., m. 2. Tonge manor, pro Tho' fil' Joh'is fil' Bernard. \ BARONES PRETERMISSI. 77 was found aunt and heir to her nephew John. It seems that Ralph had a first wife Joan, one of the four dauglitcrs and co-heirs of Robert Aguylon, which in some respects leaves it doubtful, whether Thomas was his issue by the said Joan, or Agatha who survived him ; and whether this Joan the asserted aunt, was whole, or half-blood sister to Thomas. FITZ-HENRY.— (22 Edw. I.) Hugh Fitz-Henry had summons to attend a parliament the 22 Edw. I., but where it was to meet is not mentioned in the writ which bears date the 8th of June in the year aforesaid. In the 29 of Edw. I., he was one of those who though not summoned to the parliament at Lincoln, yet affixed his seal to the memorable letter then WTitten to the Pope, on which occasion he is designated " Hugo films Henrici Dominus de Ravensworth," but after this time no further mention is made of him. He was probably the father of the first lord Fitz-Hugh, whose posterity long continued in the rank of barons of the realm : of this, however, Dugdale does not take any notice. AUCHER FITZ-HENRY.— (2 Edw. II.) * The parentage of this person is unnoticed, as well by Dugdale, as all other Baron- agians. He would rather seem to be a brother of the before named Hugh Fitz-Henry, but for so being, there is not any authority. Tliis Aucher Fitz-Henry, married Joan, one of the daughters and co-heirs of John de Bella Aqua (or Bellew), by Laderina his wife, youngest sister, and co-heir to Peter, the last, Baron Brus of Skelton, and thereby acquired a certain portion of that ancient baronial estate, from which may be presumed the cause of his being summoned to par- liament among the barons of the realm. His name is recorded in the respective writs of summons from the 2nd to the 19th of Edw. II. both inclusive.* He died about the 13 * Dugdale's of Edw. III. Henry his son and heir aged 40. This Henry Fitz-Aucher never had the like summons. In the 13 Edw. III. he settled lands in Bobbing, and Stanford, in Essex, on Beatrix his wife, their heirs, and as- signs for ever ; when he died does not appear : he had a son, Aucher Fitz-Henry, but of him, or his descendants, if he had any, no account is known ; but a family of the name of Clo^nle, of Haningfield, in Essex, is said to derive descent from Joan, a daughter of Aucher Fitz-Henry, and sister to Henrj' Fitz-Aucher. Lists. » A Richard Fitz-Aucher, temp. Hen. Ill, held lands inEppingeand Waltham.byserjeanty of waiting before the king when he travelled. — (Lib. Rub. Scacc, 13 Job. vol. 137). 78 BARONE9 PRETERMISSI. JOHN FITZ-JOHN.— (49 Hen. III). * 47. John Fitz-John descended from John^, son of Geoffrey Fitz-Piers, earl of Essex, by Aveline his second wife/ was one of those barons who adhered to Simon de Montfort, earl of Leicester, in arms against king Henry the III. ; and had summons to the parlia- ment called by them in the king's name, the 49 Hen. III. In the fatal battle of Evesl.am, Esch. No. he was almost tlie only person of note who escaped death. Dying s.p., the 4th Edw. I.,* his brother Richard was his heir. RICHARD FITZ-JOHN.— (22 Edw. I). This Richard Fitz-John, upon the death of his brother, had livery the same year of all his lands lying in the counties of Norfolk, Bucks., Devon, Surrey, Wilts, Southamp- ton, Essex, and Northampton. In the 23 Edw. I., he was summoned to parliament by writ, dated 30th September ; but which was afterwards prorogued : shortly after this, he t Ibid No. 50. deceased (without having been again summoned) 25 Edw. I.,t leaving Emma his wife surviving ; and Maud countess of Warwick, his eldest sister : Robert Clifford, son of Isabel de Vipount, and Idonea, daughter of the same Isabel de Vipount, his second sister. Richard de Burgh earl of Ulster, son of Aveline, his third sister; and Joane the wife of Theobald le Butiler, the fourth sister, his heirs. Maud, countess of Warwick, was first married to Thomas de Furnival, who died s.p. Geoffrey Fitz-Piers, Earl of Essex, ob. 14 John.=j=ATeUne (second wife). John Fitz-Geoffrey, Chief Justice of Ireland, living, 1245, 29 Hen. III. ^Isabella, sister to John Bigot. John Fitz-John Fitz-Geoffrey, ^Margery, d. of Pliilip Basset ob. circ. 42 Hen. Ill , ao- 1257. I Justitiar of England, 1201. I JohnFitz-John sum. to Pari. 49Hen.in.ob. 4Edw.I.1275. 8. p. Richard bro. & lieir, summ. to Pari. 23 Edw. I. ob. 25,1296. s.p. 1 Maud, 2 Isabel, 3 Aveline, 4 Joane, Richard William Fitz-Johnof Masworth^. . , Fitz-John. Esch. 33 Edw. I., No. 251. I William Fitz- John of Mas- worth. — Esch, 9 Edw. n. No. 48. Walter Fitz- John, of Mas- worth. — Esch. SEdw.IIINo. 28, Sec. Nos. JohnFitz-John of Masworth — Esch. IS Edw. III. No. 02. Sec. Nos. Henry Fitz- John, of Mas- wortli. — Esch. 23 Edw. III. No.il,pa)s.2d » King John, a". 7 regni, gave to Geoffrey Fitz-Piers the whole honor of Berkhampstead, with the castle, to be holden of the king and his heirs by the said Geoffrey, and the issue from him by Aveline his wife ; and in default, to be holden by the other heirs of the said Geoffrey, rendering a yearly rent of jilOO for the eaid honor. — (Mag. Rot. 7 Job., Rot. 16, b. tit. Essex, Herts, &c.) BARON'ES PRETERMIS8I. 79 MATTHEW FITZ-JOHN.— (25 Edw. I). This Matthew was not of the same family as the Fitz-Johns before mentioned. He was the son of John Fitz-Matthew, brother and heir to Peter, the son of Matthew Fitz- Herbcrt The 25 Edw. I. he had summons to pariiament ; but never after. His name, how- ever, is nevertheless mentioned as one of those eminent persons, who, although not sum- moned to the parliament at Lincoln, the 29 Edw. I., yet had his seal affixed to the mem- orable letter, written to the pope ; on which occasion he is thus denominated, viz. " Mat- tkoeiis filius Johannis dominus de Stokeuhame." He died about the 3 Edw. II.,* s.p.,' — * Esch. No. • • 29 Alianor his widow survivmg.t ^ ibid No. 49. FITZ-MARMADUKE.— (29 Edw. I.) In 29 Edw. I. John Fitz-Marmaduke was one of those eminent persons who,J in j Dug. Lisu the parliament at Lincoln, subscribed and affixed their seals, to that memorable letter °^ S""^- which was then addressed to the Pope, asserting the king's supremacy over the realm of Scotland; on which occasion he was thus denominated ;§ viz. "Johannes filim Manna- s jby dud de Hordene." He was probably the son of Marmaduke Fitz-Geoffery, who, 45 Hen. III.,|| had a II Rot. Pat. 45 license to embattle his mansion-house of Hordene, in the bishopric of Durham. ^°' ■""' But Collins and Edmondson, in their respective accounts of the Lumley family, state the said John Fitz-Marmaduke to have been a son of Marmaduke Lumlej-, second son of William, only son and heir of William Lumley, by Judith his wife, daughter of Hesildine, of Hesildine, in the county of Durham. The record, however, before cited,1[ seems to f ibid, rebut their assertion. Moreover, another authority** recites, that the said John Fitz-Marmaduke married ** ms. vocat Isabel, daughter and heir of Robert Brewvs, lord of Stranton, in Northumberland, and ?"'** '^S"- ^°- , . . . ' 6. p. 91. In Coll. had issue a son, Richard Fitz-Marmaduke ; which Arm. Richard Fitz-Marmaduke died issueless, and his sister Mary became his heir, who married Lumley, grandfather to Marmaduke Lumley, whose issue 15 Ric. II., possessed the manor of Stranton, before mentioned. » Vide Esch. 19 Edw. I., no. 85, — Robert Fitz-John, Ebor.; also Nicholas Fitz-John, of Myton, Ebor., (ibid no. 96). Roger Fitz-Johu Boulewas, Salop and Brumfeld, Heref. — (Esch. 30 Edw. I ., no. 57). 80 BARONES PRETERMISSI. FITZ-0S3ERT.— (22 Edw. I.) This name is of very ancient standing; for in 12 Hen. II., upon the assessment of aid for the marriage of Maud, the king's daughter, * Hearae's Rouel Fitz-Osbert is mentioned in the certificate* of Hubert de Rie, of the county Scacc^v^oil.p. of Norfolk, as holding of him five knights' fees. At the same period also 289- Richard Fitz-Osbert was certified by Geoffrey, earl of Essex,t to hold of him four t Ibid. p. 228. knight's fees. And at the same time, likewise, J Ibid. p. 103. Hugh Fitz-Osbert was noticed in the certificate J of the bishop of Salisbury, as holding of him certain lands, by the ser\nce of haK a knight's fee. These persons were all cotemporary, but how, or whether at all related to each other, is not certain. Of the same name, Ro"-er Fitz-Osbert, 22 Edw. I., was one of those eminent persons who had sum- § Rot. Vase. mons§ to attend a parliament then to be assembled and holden; for the writ (which is 22 Edw. I. m. ^^^gj ^t Westminster, the 8th of June), purports to be habere colloquium et tractatuin;\\ 8 in Dorso. .. i • r i ■ i v II Dug. Lists but no place is appomted for the meeting ot the said parliament. ifEsclTsi This Roger was the son of Peter Fitz-Osbert, and Catherine his wife,l which Edw.I. n. 176. pgf-gj. ^as the son of Osbert, and Sarra his wife. The said Roger Fitz-Osbert married Sarah sister and heir to John de Creke, lord of Creke, in the county of Norfolk, and a deceased ** Ibid. about the 34 Edw. I.,** being then seised of the manor of Somerleton (his chief seat), with divers others in the counties of Suffolk and Norfolk. Having no surviving issue, (for Maro-aret his daughter died before him), his sister Isabella de Walpole, and John Negoun, (or Noiun), son of Alice, his other sister, were found to be his co-heirs. The said Isabella Fitz-Osbert was twice married ; her first husband was Sir Henry de Wal- tt History of pole,tt (ancestor of the Walpoles, earls of Orford, &c.) whom surviving, she married Norfolk vol.5, secondly. Sir Walter JerneganJJ ,(or Jerningham), progenitor to the baronet's family of p. 40. ballow. J' ^ 1 • -1 • i» o XX ExStem.de that Surname; who thereby, as Camden relates,§§ came to the mhentance of Somerle- F^u. Jerne- ^^^^ ^^^ ^^^^^ ^^^^^ ^^ ^^^ Fitz-Osbert estate, which they long continued || || to possess. §§ Camd.Brit. in Com. Suff. III! Rot. Pat. 8 Hen. IV. par. 2. tn. 16. JOHN FITZ-REGINALD.— (22 Edw. I). John Fitz-Reginald, son of Reginald Fitz- Peter, son of Herbert Fitz-Herbert, cham- berlain to king Stephen, by Lucy his wife, and one of the daughters and co-heirs of Milo, earl of Hereford, was first summoned to parliament the 22 Edw I., and afterwards, a This Sarah must have been his first wife ; as Catherine was his widow, and, among other lands, held the manor of Carleton, co. Norf. in dower.— Hist, of Norf. v. ii. p. 46 ; Depwade. BAROXES PRETERMISSI. 81 in the 25, 28, 30, 32, 33, 34, and 35 of the same reiLni;" and in the 1st of Edward II.* * Dugd. Lists TIM 11 ofSumm. lie was one of those who in the parliament at Lincohi, the 29 Edw. I., subscribed and affixed his seal to that memorable letter to the pope, asserting the supremacy of England, over the realm of Scotland ;t on which occasion he is designated " Johannes, films Rcgi- t Dugd. Lists naldi domhuis Blenleveny. Summ. In the 34 Edw. I., he had license to enfeoff' Herbert Fitz-John Fitz-lleginald of his lands at Wighton and elsewhere, in the county of York ; J and also to enfeoff' the same J Esch. No. with lands in Wiltshire ;'' and at Blenleveny, in Wales.§ The said John made afterwards ^ j^^.^ ^^ a grant to the king, in fee of his Castle, Town, and manor of Blenleveny, Blakedinas, Edw. L No. Talgart, and Caldecote in Wales. 1| He died the 3 of Edw. II., leaving Alice his widow, n Rot. Pat. and Herbert Fitz-John his son and heir ;•[[ '' but neither he nor any other of his descen- ' g. '„' 15. dants had the like summons to parliament. L^^'^'^' ^°' Atkyns, in his Gloucester, (p. 239), says that Reginald Fitz-Peter died seised of Harefield, the 14 Edw. I., which then went to John Fitz-Reginald, his son; afterwards, Matthew Fitz-Herbert, a descendant from him, le\'ied a fine of Harefield to himself in tail, — remainder to Reginald his brother in tail, — remainder to Edward St. John in tail, (14 Edw. III). Matthew Fitz-Herbert died seised, 30 Edw. III. ; after when Edward St. John, of Scopham, and Joan his wife were seised the 6 Ric. II. Herbert Fitz-Herbert, Chamberlain to King Stephen.^Lucy, daughter and co-heir to Mile, Earl of Hereford. Reginald Peter, Lord of Blenleveny,=plsabel, daughter & co-heir of Matthew, said to be son by another=j:. . . . s.p. jur. ux. ob. 19 Hen. in. I Wm. deBraose, of Brecknock. wife, Maud or Matilda. I 1 — I Herbert Fitz-Peter, Lord Reginald Fitz-Peter,T=Joan, co-heir to William John Fitz—p. . . . of Blenleveny. — Orig. 33 brother and heir, ob. de Fortibus. — Rot. Pat. Matthew, I Hen. III., Rot. 5. ob. s.p. 14 Edward I. 32 Edw. I. m. 16. no. 1. | , r^-^ _ r ' John Fitz-Reginald, Sumni. to= Parliament, 22 Edw. I.— ob. 3 Edw. II., Esch. no. 39. :Alice Peter Fitz-Reginald, Matthew Fitz-John, = Alianor Esch. 3 Edw. presumed ancestor to Summ. to Pari. 25 3 Edw. II., n. n. no. 39. the Earls of Pembroke Edw. I., s.p. 49. Herbert Fitz-John Fitz-Reginald, Alianor his widow held a 3d part of Blenleveny , &c. Esch. 1 Edw. III. n.l6.sec.nos. •«• Henry Bromflete cousin and heir to Reginald Fitz-Peter -. market and fair and free warren at Wighton. — Kot. Chart. 27 and 3 Hen. VI., no. 14. Vide Kot. Pari. 14 Kic. II., m. 10 ROGER FITZ-PETER.— (45 Hen. III). Tlie naine of a Roger Fitz-Petri appears in the roll of summons, of the 45 Hen. III., * He may be presumed to have been present in this parliament, as the names of those who did not attend are mentioned, and why excused ; which intimates that all the others summoned obeyed their writ, l' Herbert Fitz-John, Wighton, Ebor., Staunton, Wilts.— (Esch. 15 Edw, II., no. 30.) <^ Vide Rot. Pari. v. ii. p. 409, no. 174. Alianor, widow of Herbert Fitz-John, son and heir of John Fitz- Reginald. M 82 BARONES PRETERMISSI. * Claus. Rot. to a iiarliament then convened to meet in London,* T. R. apud turrem Lond. xviii. die m. 3. Dorso. „ , . Octob. — which summons is as much worthy of notice as that of the 49 Hen. III.'' Who this Roger was, does not appear ; hut he probably was a son of Peter, the son of Herbert Fitz-Herbert. FITZ-ROBERT. John Fitz-Robert, although a baron whose name does not appear in any writs of summons to parliament, which is upon record; or who is either mentioned by Dugdale, or any other genealogical author ; yet is of too great a cliaracter to be passed over totally unnoticed. He was one of those high spirited twenty-five barons appointed to enforce the the observance of Magna Charta ; but of what family he was a member, it is much to be regretted that there is no authority for asserting: conjecture has supposed him one of the noble house of Clare. ROBERT FITZ-ROGER.— (23 Edw. I.) Robert Fitz-Roger, 23 Ed\y. I., had summons among the earls and barons of the realm to a parUament, convened to meet at Westminster, the Sunday next after the feast- t Clau. Rot. day of St. Martin, 23 Edw. I. ;t and the like jsumraons he had in the several subse- In Dors. m. 4. ^^^^^ parliaments of the 24th, 25th, 27th, 2Sth, 30th, 32nd, 33rd, 34th, and 35th of the + P J. same reign; and the three first years of Edw. II. J But after that period, no further of Sum. mention is made of him. § Ibid. In 29 Edw. I. he was one of the barons § summoned to the parliament at Lin- coln, but did not affix his seal to the letter then agreed to be sent to the Pope, touching the king's supremacy over the realm of Scotland; on which occasion he is written, " Robtus fit Rog Dns de ClaVyng." He does not appear to have used the sirname of Clavering, which, nevertheless, his son John assumed ; who, in his lifetime, by the de- signation of John de Claverpig, had summons to several parliaments in the same years II Vol.i.p.266 along with him, from 28 Edw. I., as may be more fully seenjl in the Dormant and Extinct Baronage of England, and in the first volume of this work. ANDR' FITZ-ROGER.— (27 Edw. I.) In the parliament summoned to meet at Westminster, in five days of Easter, 27 a It was considered by Mr. Cruise, Mr. Hargrave, Sir Samuel RomiUy, and Sir Samuel Shepherd to be a regular writ of summons ; though the parliament never met. BARONES PRETERMISSI. 83 Edw. I.,* the name of Andf Fitz-Roarer is included among the earls and barons, then * Clau. Rot. • , • , • . , • , rr • ^ , • -,-, L 1 ■ 27 Edw. I. In reqmred to give their attendance on the special aiiairs oi the nation, but who this per- Dorso. m. 16. son was, is not set forth, unless it may be ])resumed he was a brother of llobert Fitz- Roger, before-mentioned; but in the pedigree of that family, no such name is to be found. JOHN FITZ-ROGER.— (27 Edw. I.) This name also appears in the list of the earls and barons summoned to attend a parliament, convened to meet at London, on the first Sunday in forty days after the teste of the writ, the 6th of Februan', in the 27 Edw. I.;t but who he was, is equally uncer- t Clau. Rot. tain with the And? Fitz-Roger before named. Dorso'm is! FITZ-W ALTER DE DAVENTRE.— (25 Edw. L) This family is a younger branch of the house of Fitz- Walter, of Wodeham-Walters, and originated in the person of Simon, second son to Robert, the founder of that family ; which Robert J gave to + Dug. B»r. the said Simon the lordship of Daventre, in the county .of Northampton. ^- ^- P- 218- This Simon had issue Robert de Daventry, whose son, Walter Fitz-Robert de Daventre, in the time of Henrj' IL, held eight hides of land in Daventre, of the fee of Huntingdon ; from whom descended Robert Fitz- Walter Fitz- Siraon ; which Robert Fitz- Walter had summons to a parliament, convened to meet at SaUsbury, on the feast-day of St. Matthew the Apostle, 25 Edw. L : § but his name is not enrolled , ^j^^^ j^^^ afterwards in any other writ of a similar nature.'' In Dorso. m. . . .25. In Bridge's Northamptonshire, under the article of Daventry, the following descent of his family is given : Robert Fitz-Simon de Daventre. I Walter Fitz-Robert. I Siroon Fitz-Walter. , I Walter Fitz-Simon.=pIsabeUa de Pinkeni. I Walter Fitz-Robert, ob. 2 Edw. 111.^= Simon Fitz-Robert. 1 , ' 1 Isabella. Robert Fitz-Walter=7=Isaber.a. Thomas Fitz-Walter. I 1 1 Maud. Joan. Thomas Fitz-Walter. ' In the Lists of Summons of those who the 24 Edw. I. were called among the Earls and Barons to attend the king at Newcastle-upon-Tyne, equis et armis, is the name of " Gaff. fil. Roberii Domimis de Daventre." 84 BARONES PRETERMISSI. FOXLE.— (8 Edw. II.) This name is not of baronial rank, by reason of any territorial holding, or antiquity; but owes the dignity it attained to, from the study of the law. * Rot Pat. 2 John de Foxle, " 2 Edw. II., was constituted a baron of the Exchequer;* and, in t'^Du^Lists^ tliat capacity, had summons to parliameutt witli the rest of the judges and king's coun- of Sum. sel;t but Dugdale says that in the 3 of Edw. II., he was appointed a baron of the Exche- t Chron.Jurid. qucr, in the room of Roger Hegham, deceased 28 February, 1310.J But, 8 Edw. II., he § Dug. Lists, had summons to parliament as a haron; § for it appears that the writ by which he -was h! Dornf s's so summoned, was the same as that by which the peers or nobility of the realm were convocated to parhament. In the following years, however, his name is only mentioned |] Ibid. with those of the justices and counsel. || H Esch. 18 He died about the 18 Edw. II.,1 being then seised, with Constantia** his wife, of **Tbid'." considerable lands in the counties of Southampton, Buckingham, Berkshire, and else- +t Cha.Rot.lO where: in the first and last of which counties he obtained, 10 Edw., II.,tt a charter for free warren throughout his demesnes at Bromeshull, HayshiU, Eversle, and Bray. After him Tliomas de Foxle is evidenced to have possessed the manors of Bray and Bromes- +: Rot.Clia.2l hull,tt with divers others in the counties of Berks and Southampton, 34 Edw. TII.;§§ in Edw. III.n.5. , . , . , ,, apud Cales. which reign also, another §§ Esch 34 John de Foxle is noticed as a person of some note, to whom the king was pleased Eidw. 111. n. * 55. to grantllll the custody of the castle of Southampton; as likewise of the park of Lynd- 50 Edw. III. hurst, and the new Forest, to hold for life by the payment of £130 per annum. ff ^Vol II Hutchins, in his History of the County of Dorset,irT mentions a Thomas Foxley to 49- have left a daughter and heiress, Elizabeth, who married Thomas Uvedale, of Wickham, in the county of Southampton, and had issue a son, Henry Uvedale. FRENE.— (10 Edw. III.) *t Dug. List In the 10 Edw. III. Hugh de Frene b had summons to parliament*! among the of Sum. barons of the realm; but only in that year, and no more. This Hugh is presumed to be ft Mine's Cat. he who married* J Alice, daughter and heir of Henry de Lacy, earl of Lincoln, widow— Dugriiaron, first of Tliomas, earl of Lancaster,*§ and 2ndly, of Eubolo le Strange: in right of which *§ Pat. Rot. ig^jj jjg -g sait|*|| to have claimed the earldom of Lincoln. He, however, by her had no 10 Edw. 111. .'•' " m. 42. issue. *|| Ibid. a Sive Foxley ; tlie name of a manor in the county of Wilts. b The name of Hugh de Frene occurs as one of the tilters at the tournament at Dunstable tlie 7 Edw. II., bear- ing then for arms " Goules ove deux Barret endente Arg.et Az." BARONES I'RETERMISSI. 85 The family of de Freiie was long of high repute in Herefordshire, where, 19 Edw. I., Hugh de Frene had a charter* for free-warren in his lands at Mockas and Sutton : and, * Rot. Cha. in the 21st of the same reign, had a royal license t to castellate his manor-house at t Rot. Pat. 2. Mockas aforesaid. ^'^^- '• "• '^ Walter del Freisne appears to have been an ancestor to the said Hugh ; which Walter, 13 Hen. II., was certified J by Adam de Porte, to hold three knights' fees of + Heame's his barony, in the county of Hereford. g'**' ^!^' . . Alured del Freisne was cotemporaiy with Walter, and, in the same certificate,§ of p- 51- Heref. Adam de Port, is mentioned as holding the third part of a knight's fee of his barony. Richard de Frene held Sutton Frene and Mockas, in Herefordshire, in the time of Edward HLII II Esch. 49 Edw.lII.n.51. FRESELL.— (26 Edw. 1.) Simon Fresell, 26 Edw. I., was one of those persons who, by the denomination of a baron,^ was summoned to attend the king at Carlisle, equipped with horse and arms : ^ Dug. Lists, but as this writ by no means imports to be a summons to parliament for the purpose ° °"'"' of legislation,and as the name of Fresell does not occur in any subsequent summons, other than of the like nature in the following year to the same place,** there seems no reason ** Clau. Rot. to consider that anj^ inheritaljle barony was vested in this family. Dsrso^m' 14^ Agas, or rather Agatha, daughter and heir (after the death of her brother) of a Sir ""'* '-• Richard Fresell, or FryseU, by Catharine, his wife, daughter and co-heiress of Sir John Geedinge, in Suffolk, married Sir Simon Saxham, and had a daughter and heir, Joane, who married Nicholas Drurv, of Thurston, ancestor to the family of Drurv Baronets.ft '^ Coliins's Baronetage. Vol. V. p. 248 GERNON.— (45 Hen. III., and 35 Edw. III). John de Gernon, 12 Edw. Ill ,JJ was appointed one of the justices of the Pleas in U Rot. Pat. Ireland; and in the 15th of the same reign,§§ was constituted chief-justice. After him" m" 34,"p, 2, Roger de Gernon is mentioned as having a grant|| || of the manor of Donaighmain, in i^ ^'^'j'- '^ Ireland, — to hold at the annual rent of 26s. 8d., with power to sell anv part or parcel 27. p. 2. , r .. • T? 1 J ' II II Ibid. 50 thereof, to any one m England. Ej^ jll_ ^ But at what period this family first became connected with Ireland, — or how, whether ^^' ^' ^' a In the year 1329 John and Roger Gernon (brothers) are stated to have been concerned in the murder of the earl of Louth, lord chief-justice (or governor) of Ireland. 86 BARONES PRETERMISSI. * Camd. in Ma?. Brit. &c. t Dug. Lists of ^um. J Ibid. § Edraondson, Collins, &c. II Vincent's Discov. of Brooke's Errors. U Monast. Anglic. Vol. II. p. 362, lib. 51. ** Esch. anno incerto Hen. III. n. 216, tt Esch. 43 Hen. in.n.24 tt Seager's Baron. MS. by grant or intermarriage, authorities are silent : though Camden* recites, that among many others of English original, the Gernons were then remaining in the county of Louth.'' Of this Irish branch it may be presumed, the principal representative was Nicholas de Gernon ; which Nicholas, was likely the grandson of William Gernon, hereafter mentioned, by his wife the sister of Nicholas de Tregoz, and was, perhaps, so called Nicholas, from his said great uncle Tregoz. Tliis Nicholas Gernon,'^ 35 Edw. Ill, was one of those persons, who, by reason of their tenure of certain lands in Ireland, were then summonedf to attend a great council to be holden at Westminster, to take into consideration J the state of affairs with respect to that kingdom ; but as this summons does not import to be for the assembling of any parliament for the general purposes of legislation, the writ can by no means be considered as the creation of any inheritable peerage dignity in the person of the said Nicholas, or of his heirs. The family of Gernoun is certainly of great antiquity, as noticed in Domesday Book ; but, nevertheless, none of the name are recorded among the parliamentary barons of the realm, although, at various times and in several branches, they possessed very considera- ble estates in divers counties, and particularly in Norfolk, Essex, Hertfordshire, and Derbyshire. Matthew de Gernon, grandson and heir to Robert,§ who came in with the conque- ror, married || Hodierna, daughter and co-heir to Sir William de Sackville, second son of Herbrand de Sackville, and brother to Robert, lineal ancestor to the duke of Dorset. By this lady he had issue. Ralph de Gernon, who, by his wife, sister to William de Briwere, had another Ralph de Gernon, founder*[[ of Lees Priory, in Essex, who died about the 32 Hen. III.,** leaving, by his wife, a daughter married to Basset. William de Gernon, his son and heir, who died 43 Hen. III.,tt having had issue by Eleanor," his wife,|J two sons: Ralph, his successor, and GefFerey, whose son Roger, by the heiress of Potton, lord of the manor of Cavendish, in the county of Suffolk, had a numerous issue, who took the name of Cavendish, and became the ancestors of that family, and of the present duke of Devonshire. a In 1681 Margaret, only daughter of Nicholas Gernon, of Milton, county of Louth, married William Fortescue, of Newrah, in the same county, esq, b Nicholas Gernoun, knight, and Thomas Wingfield, held lands in Swyftlynge, Pesenhall, Rendham, and Berg- ham, Suffolk.— Vide Inq. ad. Q. D. 37 Edw. III. n. 29. p. 334. c Morant (Vol. I. p. 158) calls her Beatrix, daughter and heir of Henry de Theydon, and names three sons ; via. Ralph, Arnulph, and Gefferey. BARON ES PRETERMISSI. 87 Ralph de Gernoun, eldest son of William, before mentioned had summons to the parliament of 45 Hen. III.,* and deceased the 2 Edw. l.,t and was succeeded by 45^1*^ HI William de Gernon, his son and heir, who died about 1 Edw. III.,]: loavinp;, by m. 3. Don. Hawyse, his wife, sister, and at length co-heir to Nicholas de Tregoz, a son John, his 2 Edw. I,, successor, and Thomas, father, (as conjectured) of Nicholas, before mentioned ; which "jf^^j John de Gernon died about 8 Edw. III., having had issue by Alice, sister and co- ' Edw. III., n. 65. heir to Edmund lord Colville, of Castle Bytham, a son John de Gernon, his successor, who, 39 Edw. III., was sheriff of the counties of Essex and Hertford, and deceased in January, 1384, the 7 Ric II., leaving issue, by Alice his wife, two daughters, liis co-heirs ; and co-heirs to the barony of Colville, viz. Joan, L'^i'.'^' ?j°' wife of John Bottetourt, and Margaret,§ of Sir John Peyton, knight, who in her right Rot. 4. b. obtained the manor of Wicken, in Cambridgeshire,]! and was progenitor to Sir Edward li Kx. Stem. Peyton, of Isleham, created a baronet at the first institution of that order. Fam. de Having thus deduced the elder male line of William, the son of Ralph de Gernon, ^^ °°' to its termination in female co-heirs ; it remains to be noticed, that Edmondson^ states, ^ Baron. that the said Ralph had a second wife named Hawyse, by whom he had a son John,'' who p^"^^" "* died about 15 Edw. II., leaving, by Elizabeth his wife, a son William, who at that Caveud. time** was seventeen years of asre and upwards, and heir to his father. This ■'''''. ** Origin. William de Gernon, 24 Edw. III.,tt by the description of " William, Son of John 15 Edw. II. Gernon, and Elizabeth his wife," was enfeoffed by his cousin John Gernon, with certain ^^ gggj,! lands in the Hundred of Lexden, in Essex ; and 31 Edw. III., was sheriff of London. ^* ^""^ ^''• n. JO. Visitation of Co. Cantab, per Henry St. George 1619. Sir John Gernon of Leer co. Essex obiit 7 Ric. II.=T=Alice Sec. Nos. Margaret dau. and coh.^Sir John Peyton. Joane dau. and coh. mar. John Bottetourt, vide Colville v. i. John Peyton. =pJoan dau. and heir of Hamon Sutton of Wicksho' co. Esse-x. John ob. Tit. pat.=^Grace dau and heir of Lord of ... . Kent. s Margaret dau. and heir of Sir John-pThomas Peyton of Peyton^pMargaret dau. and heir of Barnard of Isleham co. Cambr. | and of Isleham, 1481. | Sir Hugh Frances, Knt. I I 1 Thomas of Peyton-pJoan dau. of Sir Christopher. Frances of Bury St. Edmunds. and Isleham, 1484. | Galthorp of co. Norfolk I ' 1 Sir Robert Peyton, Knt. 9 Henry VIII.=pElizabeth dau. of Sir Robert Clere of Norfolk. Other issue. I . I 1 Sir Robert Peyton, Knt. ob. 1550.-pFrances dau. and heir of tVancis Hasleden of Chesterford co. Ess Other issue, Robert Peyton -pElizabeth dau, of William Lord Rich. I Sir John, created a Bart, in 1611-pAlice, daughter of Sir Edward Osborne, Knt., Lord Mayor of London. I I I I I I I I I 1 Sir Edward of Great=pMartha, dau. of Robert 2 John 5 Williarc. Several Daughters. Bradley, co. Suffolk, I Linsey, of Tooting, co. 3 Robert. 6 Thomas, living IGI9. ^Surrey. 4 Roger. 7 Francis. » Vide Rot. Pari. v. 1. p. 385. — wounded in liis right hand, when Edward Bruce was slain in Ireland, b Query this John Gernon, or the preceding, and styled of Ireland, ut patet. p. Rot Pat. Supra ? 88 BARONES PRETERMISSI. HARDREDESHULL.— (IG Edw. Ill) * Dug. Ant, Warwick, p. 777. t Dug. Lists of Sum. t Dug. Ant. Warwick, p. 777. This family was of great antiquity in the county af Warwick, where, Hugh de Har- dredeshull was possessed of the manor of Hartshill,* in the time of Hen. I. WilHara HardredeshuU, grandson of the said Hugli, in the 3rd of king John, served the office of sheritF, for Warwickshire and Leicestershire, for William de Cantilupe. His grandson, another William, in the 4.3 Hen. III., did homage for all those lands in Lin- colnshire, whereof Grace de Lisle died seised, and \\ere of his inheritance. He died the 46 Hen. IIL, leaving Robert de Hardredeshull, his son and heir, who, taking part with the rebel barons under Montfort, earl of Leicester, was slain fighting on their behalf at the battle of Evesham. Sir John de Hardredeshull, brother to the said Robert, had the manor of Harts- hill, which was exempted from forfeiture, by the Dictum de Kenilworth. His arms were " a Border with Martlets ; " but afterwards changed, viz. ''Arg. a Chevron S. bettveen 10 Martlets, G." He died 4 Edw. L, leaving William, his son and heir, in minority, who, 20 Edw. L, having done his homage, had livery of his inheritance 29 Edw. L He had summons to attend, with other eminent persons, at Ben\-ick-on-Tweed, to march with the king into Scotland ; but shortly after- wards he died, 32 Edw. L, being only about thirty-three years of age. John de Hardredeshull, son and heir of the aforesaid William, was about ten years old at his father's death, and attaining his majority about the 6 Edw. IL, had livery of his lands. Shortly after, when attending the king into Scotland, he was taken prisoner at the disasterous battle of Bannocksburne, where the English army was so signally defeated by the Scots, under their king Robert Bruce. After his liberation, he was in several high offices and employments in the reign of Edward IL ; and, 16 Edw. III., is mentioned by Dugdale to have had summonsf in the character of a baron, among the earls and other nobility of the realm.^ He marriedj Margaret, one of the daughters and co-heirs of Sir James Stafford, of Sandon, knight, by whom he had issue three daughters his co-heiresses ; viz, Elizabeth' wife of John Culpeper ; Joan, of Sir James de Burford, knight ; and Margaret, of Sir Richard Talbot, knight. a Though not mentioned by Dugdale, in his hsts of summons before the 16 Edw. Ill, yet by the rolls of parlia. ment he appears to have been present in a parliament the 14 Edw. Ill ; being then named with others as a Trier of Petitions. BARONE8 PRETERMI88I. 98 TABLE I. John Hardredeshull, vEtat. 10 a]>ud mort.^^Margaret, daughter and co-heir to pat.; summoned to parliament IG Eilw. III. I Sir James Stafford, of Sandon. ^ I 1 1 1 1 Elizabeth, daugh — pJohn Culpeper, High-Sheriff 2 Joanna, daughter and co-heir, 3 Margaret, daughter&co-heir ter and co-heir. I of Kent, 43 Edw. Til. married Sir James Burford. married Sir Richard Talbot. I Sir Thos. Culpeper, High Sheriff of Kent,=pJoaji, daughter and co-heir to Nicholas Green, of £\ton, by Jane, 18 Ric. II. Lord of Exton, jure uxoris. | daughter and co-heir of John Bruce, of Exton, in com. Rutl. Sir Thomas Culpeper, of Exton, -p daughter of . I Catherine Culpeper, sole daughter and heir of Sir Thoraas.=pSir John Harrington, Lord of Exton, jure uxoris. I ' Robert Harrintrton, Sheriff of Rutland, 7 and 13 Hen VII. ob. 16 Hen. VII.=f= , daughter of John Harrington, ob. 15 Hen. VIII. ; buried at Exton. -j-AUce, daughter to Henry Southell. J-' I Sir John Harrington, ob. circ. G Edw. VI.^^Elizabeth, daughter and heir of Robert Moton, of Peckleton, in com. Leic. Sir James Harrington, ob. 1591 ; buried at Exton. -pLucy, daughter of Sir William Sidney, knight. I John, Lord Harrington, of Exton ; cr. 1 Jac. I. ; ob. 24 Aug. 1683.-j-Anne, daughter and heir of Robert Kelway. I 1 ' 1 John, 2nd Lord Harrington, ob.27 Lucy, sister & co-heir, married Edward Frances, sister&co-heir,=^Sir Robert Chi- Aug.lGlS, S.P. (Esch. 14 Jac. I.) Russel, earl of Bedford; ob. S. P. and at length sole heir. I Chester of Ra- i ' leigh, K. B. Anne, sole daughter and heir to Sir Rob. Chichester,=T=Thomas Bruce, Lord Kinloss, K.B. ob. 1627; ffitat 22; buried at Exton. | afterwards earl ofElgin; ob. 1663. Robert, 1st Bruce, earl of Aylesbury, ob. 1665. =^Diana, daughter of Henry Grey, earl of Stamford. Thomas, 2nd earl of Aylesbury, ob. 1 741 .=^Elizabeth, daughter of Henry Seymour, Lord Beauchamp. 1st wife : Anne, daughter and co-heir to^Charles, 3id and last Bruce, earl^3rd wife : Caroline, daughter of William Saville, Marquess of Halifax. | of Aylesbury; ob. 1746-7. I John Campbell, duie of Argyle. n 1 Robert, Lord Bruce, ob. Mary, daughter=f=Henry, 2nd duke Elizabeth, daughter & co- Mary, daughter&co-heir, of Chandos, ob. heir, married the Hon. married Charles, duke of 1771. Benj.Bathurst ; ob. S. P. Richmond, ob. S. P. vi. pat. 1738, S. P. and co-heir, ob. George, ob. S.P. vi. pat. 1738, vi pat. James, 3rd duke of Chandos ; ob. 1789.=j=Anne Eliza, Relict of Roger Hope Elletson, esq. Anna Eliza, only surviviug daughter and heir of James, the last Bridges duke of Chandos, and wife of Richard Gren- ville, late duke of Buckingham and Chandos. a By some she is called Maud, dL'. ... .. l^.^^^Lc " Karissimo domino suo H. Dei gratia regi Anglorum, Willielmus de London, salutem. ^ol- •• p- 1'3. Sciatis, quod nullum militem habeo fefatum nee de veteri feofFamento nee de novo, sed debeo defendere feodum meum per servicium corporis mei." The name of William de London is also mentioned in the certificatet of the barony of the earl + Ibiil. p. 162. of Gloucester, as holding of him four knights' fees a in the county of Gloucester.^ Robert de London, <= 24 Edw. I., had summons in the character of a baron, to attend the king, ^\•ith horse and arms, at Newcastle-upon-Tyne ; J but afterwards there + ysde Ken is no mention of his name in the same capacity. In the Patent Rolls,§ the name of Hawyse de London is noticed as heir of Mabel § pat. Rot. 51 de Cantilupe; and Atkyns, in his Histon,' of Gloucestershire, states, || that Patrick de Hen.lll.m.U. Chaworth married Haw)'se, daughter and heir of Thomas de London, lord of Agmore and Kempsford. Kidwelly, in Wales. MALBERTHORPE.— (3 Edw. III). This name is derived from a place so called in Lincolnshire; for, in the 6 Edw. 11.,^ r ori inal WiUiam, the son of Robert de Malberthorpe, had a hcense (in consideration of a Gross. Fin. fine of five marks) to grant certain tenements in Malberthorpe to William, the chaplain, 15 Leic. keeper of the altar of St. Laurence, in the church of Malberthorpe, to pray for his soul, and those of his ancestors and successors.** After this, one ** ibid. Robert de Malberthorpe,d an eminent law^'er, was made ft one of the justices of the King's Bench, and afterwards, in 4 Edw. III., chief-justice, in the room of Geffrey anno i32o"" " By a note in the Liber Niger Scaccarii, under the name of London, in this certificate, it is thus explained : viz. " Londonia, vel London, sive Londres; London, autem idem siynat Langden, Langton^ Longtown, sive Long- dum oppidum." >> In Thoroton's Nottingham, vol. ii., WiUiam de London is mentioned to hold certain lands of the Sergeanty in Nettlewood (Nettleworth), Warechip, and Tineslaw, in Com. Nott. (Pip. Rot. 7. Ric. 1.). He died in the time of Hen. III., s.p., leaving several sisters his co-heirs, whereof Elizabeth, and Eleanor died s. p., and Isabel was a nun at Ambresbury ; Eva, another sister is said to have married Richard le Bret, and Dionysia de Tyneslawe. c A Sir Roger de London is mentioned to have married the only daughter of a Sir Adam de Newmarch, and to liave left an only daughter and heir, who married John de Wormley, and had issue a son John, and a daughter Elizabeth, who became the wife of Sii- John Foliot, Lord of Fenwick. d Dugdale has included in his Baronage the names of Inge and Benestede, who were summoned to parliament the 8 Edw. II. ; when the Judges and King's Counsel were intermixed in the same writ with the Earls and Barons — yet has omitted all mention of the name of Malberthorpe, though this Robert is included in the same writ with the Earls and Barons the 8 of Edw. III. 100 BARONES PIIETERMISSI. * CIt. Jurid. anno 1330. t Dug. Lists of Summ. t Ibid. § Original. 5 Edw. III. Rot. 43. II Lodge's Irish Peer. Vol. II. p. 48. le Scrope, then going upon a mission abroad.* In this capacity of one of the Idng's justices he had summons to parUament from the 14 Edw. Il.f to the 2 Edw. III., both inclusive ; but in the yeai- following, viz. 3 Edw. III., his name is includedj among those of the barons, as also earls, summoned to a great council to be holden at Windsor, and there to give their advice on the aifairs of the nation. He died about 5 Edw. III.§ Elizabeth, daughter and heir of Robert de Malberthorpe, of Malberthorpe, in the county of Lincoln, married Sir Thomas Fitz-William, who was living the 18 Edw. III., and was ancestor to the families of Fitz-William, of Plomtree and Mablethorpe, which, according to Lodge, || terminated in the reign of queen Elizabeth, in William Fitz-Wil- liam, esq., sheriff of Lincolnshire, 22 Elizabeth, who, by Elizabeth, daughter to Sir Robert Tyrwhit, of Kettleby, in that county, had only female issue ; viz. three daughters — Elizabeth, Dorothy, and Mary : one of whom carried Mablethorpe to her husband, Roger Halton, esq., son and heir of Robert Halton, sergeant-at-law. MALURE.— (.35 Edw. III). H Chr. Jurid. anno 1293. ** Dug. Lists of Sumra. tt Ibid. Jt Esch. 3 Edw. I. n. 12. §§ Ibid. 16 Edw. I. n. 13. nil lb. n. 75. Hlf Rot. Pari. Vol. I. p. 337-8. This name has been variously written, as Mature or Maleverer, Malore or Mallory ; and though not of baronial rank, yet nevertheless has at times made a very conspicuous figure, and produced several eminent persons. Peter de Malore M'as one of the justices 1[ of the Common Pleas, the 21 Edw. I., and in that quality had summons to parliament from 23 Edw. I. to the 2 Edw. II., both inclusive. But his name is differently written at various times in the summons;** viz. Mallore, Maloure, &c. After him, another Peter de Mature is noticed, who, 35 Edw. III., was one of those who, holding lands in Ireland, had summons to attend a great council then+t convened to meet at Westmin- ster, to dehberate upon the affairs of that kingdom. But with regai'd to the descent of these persons, or their connection with each other, there is no proof to establish the same. Of the name of Malore, or Malory,tt was Nicholas, the son of Sir Anketil (or Anketon) Malory, who had lands at Northdalton, Multhorp, Wigenthorp, Tiverington, Huntington, and Clifford, in the county of York ; at the four first of which places, Sarra, who was the daughter of AnchetU Malory, was seised of lands the 16 Edw. I.,§§ which Sarra had a son Henry, who the same year made proof |||| of his age. Of this name there was a Peter Mallore, who married Maud, widow of Elias Rabayne, and one of the daughters and co-heirs of Stephen de Bayeaux,^^ who was grandson of Ranulph de Bayeaiix, by Margaret his wife, daughter and co-heir of Alan de Lincoln, a great baron in Lincolnshire. Bayeaux is also mentioned as a baron of some importance by Dugdale, but was never summoned to parliament. BARONES PRETERMISSI. 101 MANNERS sivE DE MANERIIS.— (3 Edw. II). In 12 Hen. II., at the time of the assessment of aid, for the marriage of Maud, the king's daughter, it was certified * by the bishop of Ely, that * Heame's Eustace de Maneriis held t^o knight's fees of that bishoprick, in the county of Cam- y ""j ^^%.a bridge, which Eustace was progenitor to Baldwin de Manneriis,* who 19 Edw. I.,t obtained a charter for free warren in t Cha. Rot. his demesne lands at Enhale and Fullborne, in the county of Cambridge, and at Ker- „ 37 " ' broche and Hengham, in Norfolk. In 22 Edw. I., holding by knight's service, he had summons to attend the king at Portsmouth, with horse and arms, to accompany him into Gascony ; and 25 Edw. I., had the like command to attend the king beyond the seas; and, 28 Edw. I., a similar sum- mons,'' to be at Carlisle to march against the Scots. But these summonses were not any call to parliament, and, as such, no proof of a baronial rank: but a record | never- * ciau. Rot. theless shows, that Baldwin de Maneriis, 3 Edw. II., had summons ' to a parliament, to ^^^go^^' be then holden at York; in which writ his name is inserted among those of the earls and >»• !'• barons of the realm ; vi~. cum cceterls proceribus et magnatibus, i^c. But it is not a Uttle singular that the meeting of this intended parliament was changed from York to Westminster, when, in the subsequent writ of summons, the name of Bald- win de Maneriis is omitted. § § ibid. With regard to the origin, or regular descent of this family, or whether it was in any ^ ^q^' way related to that of the house of Rutland, nothing is certain. The History of the county of Norfolk states,|| that Robert, lord Morley, of Hingham, was heir to Baldwin || Hist. Co. de Maneriis, but by what means is silent. In another place, the same history recites,^ v^iv. p. 97. that, in the time of king Richard I., a Forehoe. William Manners held Woodhall, in that county, of William de Munchensi, by the Vol. IX. p. 25. ser\-ice of one knight's fee ; which lands were afterguards holden by Walter de Manners, ^^ '^ ' then by William de Manners, who was of age in 1256 (41 Hen. III.), and lastly, by Baldwin de Manners, anno 1290 (18 Edw. I.), who sold Woodliall, together with Full- borne, in Cambridgeshire, to Robert Botetourt. a In the Tournament at Stebenhithe (Stepney) the 2 Edw. II. the name of Sir Baudewyn de Maners is noticed as one of the Tilters, and bearing for arms, viz. ; Arg., a Saltire engrailed. Sab. b Collins, in his Peerage, recites these several summonses upon the authority of Rymer's Fosdera, and a MS., in the library of Mr. Anstis. It however is to be observed, that the name, neither of Baldwin de Maneriis, nor of any other de Manneriis, or Manners, is noticed in Dugdale's Lists of Summons, for the years above mentioned. c While Collins has quoted the writs of Summons before observed, it is worthy of remark, that he has passed over this most material writ of convocation to parliament. 102 BARONES PRETEUMISSI. MAREYS.— (.35 Edw. III.) Stephen de Mareys, 35 Edw. III., was one of those who, having lands in Ireland, * Dug. Lists was summoned,* with the heirs of Camville, by WTit addressed to the sheriff of Notting- ham and Derby, to attend a great council, then appointed to be holden at Westminster, to take into consideration the affairs of that kingdom. This Stephen was a person of considerable eminence, both in England and Ireland, and possessed a large inheritance in the two kingdoms, but especially in the latter; where, t Rot. Pat. le to augment his territory, 16 Edw. III.,t he made an exchange of his lands in Somerset- Edw. III. m, ... 3, pars. 2. shire with the prior of Bath, for his lands in Ireland. He died without issue 47 Edw. III., leaving the earl of Ormond his heir, as hereafter noticed. Of this name (said to be assumed from the Marshes of the isle of Ely), » was Stephen de Marisco (Mareys, or Marsh), who, 12 Hen. II., upon the assessment of J Hearne's aid for the marriage of Maud, the king's daughter, was certified J by the bishop of Ely Vo*!: L°p.^249! *° ^^^^ °^ '^^"^ ^^^^ ^ knighf s fee. Cii-T^tah. Geffery de Marisco, in the time of king John§ and Henry III.,|! was several Joh m. 19, n. times appointed to the office of justice of Ireland, in which kingdom he possessed very 84, and 8C. ■ , , i . . II jbid. 10. considerable estates. ^'^^■^i^-m.3. Richard de Marisco, was cotemporarj' with Geffery. He was, first, archdeacon of U Pat. 15 Jo. Richmond,^ and afterwards chancellor of the Kingdom.** He was also bishop of Dur- ** Ibid. 16 & ham,tt anno 1213 (3 Hen. III.), and continued in that see many years. He was con- and"'l6.' "' " sidered one of king John's evil counsellors.JJ t+ Matt. Par. William de Marisco was also cotemporary with Richard, and 1 8th of John, had a jj Ibid, p.94, patent§§ for the manor of Brampton, in the county of Devon ; and also by the name of §§^Rot. Pat. WiUiam, the son of Jordan de Marisco, had a grant|| || of the island of Lunday.b But 18 Joh. m. 12, Matthew Paris calls him,1f1f the son of Geffery de Marisco, and represents him to have nil Rot. Pat. contrived the assassination of Henry III., anno 1238; in which attempt his agents having m. ^n! 3!^'' failed, he became proscribed, and was after^vards guilty of great depredations and piracies nil Matt. Par. ^^ ^t^^^ island of Lunday,*t where he collected together a great band of exiles and robbers. p. 401. 1. 41. ^ . 1 T (. 1 • T 11 *t Ibid p. He was however, at length, made prisoner, ■mth divers of his accomplices, and under- *: ibid.p.'5l8, went an ignominious death,*J anno 1242. (26 Hen. III.) 1. 40. et seq. ^ In Debrett's Peerage, and Playfair's Irish Baronetage, is a very laboured account, under the title of Mount- morres ; in which it is endeavoured to be shown, that this family is derived from the illustrious house of Montmorency, in France, and that it is now represented in the male line by the present possessor of the Mountmorres' Irish Peerage. b CoUinson, in his history of the county of Somerset, recites the following inscription, in St. Peter's Church, at Bath, viz. " Hie jacet Alexander de Alneto, et Erneburga, uxor ejus, et Gulius filius eorum et Lucia de Marisci filia eorum ; et.Jordanus de Mariscis fiUus ejusdem Lucie. Et Willielmus de Mariscis filius ejusdem Jordani." N B_ Vide Rot. Pari. v. i. p. 4GG. — Xtian Marays, heir of Walter her brother, petitioned for lands, in Kildare, and elsewhere in Ireland. BARONES PRETERMISSI. 103 After his death another William de Marisco (his son very likely), had a grant* of * g|j"j^''^ the before-mentioned island of Lundy, and died seised thereof, mth divers lands in the 21. kingdom of Ireland, and in the county of Somerset, about the 12 Edw. I. ; f in which gdw. I. n. 23. vpnr i Original. 12 y^°-^' Edw. I. Rot. John de Marisco, son and heir of the said William, had liveryj of his inheritance. 10. This John had issue Herbert, /aMcr of Stephen de Marisco, l)efore mentioned, as Vincent Vincent Quid asserts ; § but, according to tlie record, brother of the said Stephen de Mareys ; viz. ^°- "^ ^°^' Esch. 22 Ric. II. " Inquisitio in com. Som. 18 die Martii, anno 22 Richardi 2'' post mortem Johannis Friset, chevalier, &c. Jurat' dicunt q'' quidem Thomas Salampton, cler. et ahi seisit, de maner' de Hempsill-Mareis dederunt maner* predict' Stephano de Mareis, miht* et Letic' uxori ejus, habend' eis ad vitam, remanere Johanni Friset, chevaUer & htered' mascul' de coipore suo, remanere rectis hiered' ipsius Stephani : & Johannis Friset obiit sine hcered' raasculis de corpore suo, et quod Jacobus de Boteler, nunc comes de Ormond' est con- sanguineus Stephani, et rectus haeres ejus propinquior ; viz. filius Jacolji, fil. Jacobi fil. Edmundi, filius Tlieobald, filius Tlieobald, filius Theobald, filius Joan sororis Johannis Mareis, patris Hereberti, fratris prsedicti Stephen, de integro sanguine, et quod dictus Jacobus, nunc comes de Ormonds, et cetatis 39° et amplius, &c." MOHAUT, OR MONTE-ALTO.— (1 Edw. III.) Henry de Monte-Alto, is noticed in 1 Edw. III., as one of those persons who had summons II then to attend, eouis et armis, at Newcastle-upon-Tyne, which was a summons [!. Dug.Listsof ' •' _ Summ. p. 140 of service, for an expedition into Scotland, but not a summons to parhament, ad deliber- andum, S^c, though his name is included among the barons. Exceptiaig at this crisis, the name of Henry de Monte-Alto, does not occur upon any pubhc occasion, nor is it mentioned who he was, or from what line of the baronial house of Montalt, or Monte-Alto, he was descended. In Dugdale's Monasticon,^ the name of Simon de Mohaut occurs as a benefactor to "^ Vol.I.p.657. the priorj' of Pomfret. Tliis Simon, by Matilda his wife, had issue Simon, Robert, and Henry : but who Simon was is not noticed. SIMON MORTIMER.— (24 Edw. I.) In Dugdale's Lists of Summons to Parliament, the name of Simon de Mortimer, is inserted** as one of those who had summons among the barons of the realm, to attend a ^f Sum^ p. tt. 104 BARONES PRETEBMISSI. parliament at St. Edmundsbury, upon the morrow of AH-Souls, 24 Edw. I. ; but of this Simon, the said celebrated author makes no mention in his account of the Mortimer family. From the contemporaneousness of date, it may be presumed Simon de Mortimer was a younger son of Roger, lord Mortimer, of Wigmore, by * Dug. Bar. Maud his wife,* daughter of William de Broase, of Brecknock. ''" " Of this name also was Roger Mortimer, who, the 28 Edw. I. was summoned to Par- liament ; and in the 29th of Edw. I., in the parliament at Lincoln, subscribed the cele- brated letter to the Pope, touching the king's supremacy over the realm of Scotland ; on which occasion he is designated " Rogus de Mortuomari, Dfis de Penketlyn." But by this description there is no mention of him in Dugdale's Baronage. Contemporary with Simon was Sir Waleran Mortimer, who, 24 Edw. I., was one t Dug. Lists of those who had summons t to attend at Newcastle-npon-Tjme, furnished with horse """' and arms, to march against the Scots ; but on this occasion, though denominated Dominus Walrarms de Mortuomari, he had not summons as a baron to the council then convened. X Original. 18 This Waleran had issue a son,J le.'sumers." Ralph Mortimer, who deceased about 18 Edw. !!.,§ being seised of a fourth part of ^ ^^'^" a knighf s fee in Exton, holden of the crown, as of the honour of Huntingdon, and of certain lands and tenements in Wylesthorp, holden of Thomas, lord Wake, of Lydell, by 11 Ibid. 19 military service, — Ralph his son and heir being then || thirteen years of age. Edw. II. Rot. 3. MORTEYN.— (24 Edw. I.) John de Morteyn, 24 Edw. I., was one of those who, in the character of a baron, IT Clau. Rot. i^ad summons ^ to attend the king at Newcastle-upon-Tyne, to a great council there to be 24 Edw. I. in Dorso. m. 12. holden ; but on no other occasion is noticed in the same capacity. The family of Morteyn was of great consideration, in point of landed estate, from a period of very early antiquity, and intermarried with the heiressess of several eminent baronial houses. A William Mortein, married Joane eldest daughter, and co-heir of Philip, lord ** Dorm, and MarnajTin, of Scrivelsbj', in Lincolnshire ; which lady died without issue 23 Edw. I.** t. ar. . . Roger Mortyne married a daughter of Sir William Rufus, knight, by Isabel his wife, tt Collin's the youngest daughter and co-heiress of Gilbert Archer, called, by Collinstt baron of 385. Grove, near Retford, in the county of Nottingham, in the time of king John; by whom, the said Roger had issue WiUiam Mortyne or Morteyne, considered to be the same, who married Joane Marmyun. But the Morteynes, nevertheless, were not esteemed (although they possessed some baronial lands), parliamentary barons of the realm. nARONES PRETERMISSI. 105 MORVILE.— (13 Edm'. II.) The name of this family is inchKled bj' Dugdale * in his Baronage ; but that * Dug. Bar. author has not mentioned any thing therein of Nicholas de Monnle, who, 13 Edw. II.,t had summons among the barons of the ^f g"^' ^'^** realm to attend a parliament, convened to meet at York, in eight days of St. Hilary next ensuing the date of the \ATit, which was tested at York on the 6th day of November, in the year aforesaid; as also in the foUomng year; viz. the 14 Edw. II. J had the like ^ ^'"'^' summons to attend a parliament, to be holden at Westminster, in eight days of St. Mi- chael, next ensuing the date of the writ, which was the 5th of August ; but never after had any further summons MUNCY.— (26 Edw. I.) Walter de Muncy, 28 Edw. I., § had a charter for free-warren in his demesne § Char. Rot. lands at Thornton, juxta Skipton, Everby, and Kelebroke, in the county of York. From 33 the frequency of his name in the writs of summons of his time, he must have been a person of great eminence. In 29 Edw. 1. 1| he was one of those barons who, in the II Dug- Lists parliament at Lincoln, subscribed that memorable letter which was addressed to the pope, asserting the king's supremacy over the realm of Scotland ; on which occasion he was denominated "Dom'mus de Tliornton." Moreover, he had summons to parliament from the 26th to 35 Edw. I., a both in- clusive ; H which, if a writ of summons be creative of a personal and descendable honour, ^ ibid, may, by the repetition of the writ upon so many occasions, be considered to have rendered this person a peer of the realm, with a right of succession to the barony, vested in his posterity. In 1 Edw. II. the name of Walter de Muncy occurs, as having then** the castle of ** Original. Framlyngham committed to his custody. Shortly after, when he died, as the king's n Notts. escheator,tt in 2 Edw. II., had command to take into his hands the lands whereof Wal- j+ lbid'2Edw. ter de Mimcy had died seised. This Walter was at the famous seige of Carlevyrock, in the time of Edward I., where he is mentioned in the roll of those who were then marshalled, as ha-\ang his ban- ner chequered. Gules and Argent. His heir was probably a female, married to Goushall, who had two daughters, who were his co-heirs ; whereof Margaret married, first, Despenser, and had a son, Philip Despenser %% and secondly, John de Roos, a younger tl Esch. 22 son ^ of William, lord Roos, or Ros, of Hamlake, who died without issue by her, 12 Edw. 79, ggc. noa. 3 His name being included in this writ, he may be presumed to have been present in the parliament ; as those who were not, had their absence particularly e-xcused for reasons therein mentioned, — and to his is the mark hie as indicating he was then present. b In WTiitaker's History of Craven, p. 94, it is stated that Thornton was of the Percy fee; and that the 9 Edw. II., John de Ros was seised of that manor in right of Margaret, bis wife, and died the 11 Edw. III., s. p. — The inquisition was taken the 12 Edw. III. 106 BARONES PRETEBMISSI. * Each. 12 Edw. III. n. 41. + Ibid. 22 Edw. III. n. 72. sec. nos. t Original. 39 Edw. III. Rot § Domesd. II Ibid. Feed. Vol. I. p. 157. IT Heame's Lib.Nig.Scacc Vol. I. p. 189. ** Ex. MS. Browne, Wil- lis, Arm. tt Dug. Lists of Summ. tt Willis's Notitia Pari. §§Esch.2Edw. II. n. 70. nil Ibid. 4 Edw. II.n.16. %% Original. 2 Edw. II. Rot. 2, Bucks. *t Escb. 23 Edw. III. n. 85, p. I. *t Ibid. 1 Edw. III. n. 69. III., * leaving her, the said Margaret, surviving, who deceased about 22 Edw. Ill.t Isabel, sister of Margaret, appears afterwards, to have been found her heir, and wife of Durand Bard."t Of this name was John, son of Ingelram, de Monceaux, of Barmston, in the county of York, whose heir-general Margaret, married Brian at See ; whose co-heirs-general married Boynton, and Hyldyard, of Yorkshire. Le Seign' de Moneaux is mentioned in the roll of Battle Abbey among those who came over with the conqueror. Alan de Monceaux had Barmston at a very early period, as appears in Burton's Mon- asticon of Yorkshire ; but the name of Walter de Muncy, is not noticed in the pedigree of this family. NODARIIS.— (24 Edw. I.) Robert de Nodariis, or Nowers, at the time of the general survey,§ held Gothurst, or Gahurst, in the county of Bucks ; which manor, Almarick de Nodariis is certified to hold|| by the service of one knight's fee of William de Say, in the time of Henry III., (being as it may be presumed) the same knight's fee, which Walter Giffard, earl of Buckingham, 12 Hen II., then certifiedlf that Hugh de Nuers held of him in that county. This Almarick** naarried Sibyl, daughter of Ralph Picot, and had issue William de Nodariis, who, by Isabella, daughter and co-heir to Peter Goldington, obtained in marriage the manor of Stoke Goldington, which thenceforth descended to his posterity. Almarick de Nodariis succeeded his father, and, 24 Edw. I., was one ot those emi- nent persons who had summonsft to attend the great council then ordained to assemble at Newcastle-upon-Tyne. In the year following, his name is mentioned as one of the knights of the shire for the county of Bucks, { j being then written Amary de Nowers. He died 2 Edw. II., §§ at which time he was seised of the manors of Gothurst, Weston, and Stoke Goldington, in Buckinghamshire, and of Cestre Parva,in the county of North- ampton. Joan, his wife survived him, who died shortly after, 4 Edw. II., || || being then seised of the manor of Lathebury, and of a part of the manor of Kainho, in the county of Bucks. John de Nodariis, or Nowers, upon his father's death,had livery of his inheritance^ He married Grace, daughter*t and heir of Robert Fitz-Neale, or Nigel,* lord of Salden, in the county of Bedford ; and died about 1 Edw. III.,*t at which time he was possessed of the same manors in the counties of Bucks and Northampton, as his father had holden, a This family was of ancient degree ; whereof Richard Fitz-Nigel, of Buckinghamshire, 12 Hen. II., on the assessment of aid for the marriage of Maud, the king's daughter, certified that he held one knight's fee and a half, de veteri feoffamento ; (Heame's Lib. Nig, Scacc. Vol. I., p. 106.) of which, Walter, his brother, bad one moiety, and he hi mself held the other. BARONES PRETERMISSI. 107 Grace, his wife, survived him, who died 23 Edw. III.,* being then seised of Salden and * ^^'^J'j,^^ Luyton, in Bedfordshire, and of Gothurst, Stoke, &c. They had issue several sons; t 85, p. 1. f Ex MSS vi~, John, Robert, Almarick, and Wilham ; of these Browne Wii- John Nowers, died about 1340 (14 Edw. III.), before his mother, having had issue l'^- *'''"• by Maud,J or Margaret, his wife, a son John ; which J Ibid. John Nowers controverted § the right of presentation of Stoke Goldington with the § Ibid. prior of Ravenston, in 1376, and had judgment given in his favour. He died in 1396 (20 Rio. II.), having had issue by Alice his wife, who survived him, and died in 1427, several children, whereof Almarick Nowers ^ died in 1408, without issue. Agnes and Grace died nuns ; and Joan Nowers became heir to her father, and brother; she married Sir Robert Neville, who had Gothurst in her right, and died possessed thereof in 1426, leaving issue; in whose heirs-general (if legitimate), || is vested the representation not only of Almarick II Vide Tab. Genealog. de Nodariis, who flourished temp. Edward I., but of the co-heirship of the ancient barony of Albini, of Cainho ; together with tliat of the old and famous barony of Percy. Sir Robert Nevil, obiit 1426.^ Joan Nowers, Heiress of Gothurst. father and brothers ;- buried at Gothurst, 24th Febraary, 1009. John Nevil, obiit 1433. S. P. Robert," heir to his brother, obiit circa 1490.^Joan obiit 30 Aug. 1512. r ' Michael Nevil, obiit October, 1521.-pJane obiit circa 1558. I 1 1 ' 1 Robert, Francis, cetat. 3 at Nicholas, Thomas Moulsoe, third son=j=Mary Nevil, heir to her died his father's death, ob. S. P. of John Moulsoe, of ThingJon, young. obiit S. P. 1581. co. Nortbamp. had Gothurst Bur. at Gothurst. by his wife; obiit circa 1587. ^^__^__^^^____^^^^^^^_ I I William Moulsoe, died 20th October, 1601=FAlice, daughter of Brian; buried at Gothurst, 25 June, 1599. I ' Mary Moulsoe,'' only child and heir; married at=pSir E%'erard Digby, executed 3 Feb. 1G04; built Gothurst-house Gothurst, 9 Feb. 1596 ; bur. there 29 Nov. 1653. | about 1599, which is supposed to have been finished by his son. Sir Kenelm Digby, bom at Gothurst, 1 1 July 1603 * died=pVenetia Anastatia, Daughterof Sir Edward Stanley of Tong 11 June, 1665; buried at Christ-church, near Smithfield. " ■ " Ant. a Wood. Castle, CO. Salop, by Lady Lucy Percy, his wife one of the daughters & co-heirs of Thomas, Earl of Northumberland. I 1 ; ' Kenelm Digby, slain at John Digby buried at J Margaret, dau. of SirEdw.Longueville, of Wolverton. Shecohabited St. Neotts, an.l648, S.P. Gothurst, 2 Sep. 1673. ! with him; but it is said, he, at his death, owned his marriage with her. r \ Margaretta Maria Digby, buried at Gothurst, Charlotta Theophila Digby, died 17th of March, 1693 ; buried at 27th June, 1690 ; married Sir John Conway,"^ Nannerch, co. FUnt ; married Richard Mostyn,'' of Penbedw., who Bt. M.P. forco. Flint, who died 27 Apr. 1721.-, died in 1735, and was buried at Nannerch.-, Henry. =pHonoraRa- Margaretta Conway, m. Rich- 1 Penelope. 2 Bridget, married 3 Charlotte, married ob.vi pat. I veuscroft. SuTho. Longueville,Brt. ard. a Nun. Lytton Lyttou. Richard Williams. Honora Conway, married Sir John Glynn, bart. a According to the gi-eat illuminated Pedigree Book of the Digby family, this Kobert had issue a son Kobcrt, who, by Joan or Joanna his wife was father of Michael. b According to the said Digby Pedigree Book, p. 10 and p. 30, She was daughter and heir of 'Winiam Mulsho, son and heir of another WUliam by Alice his wife, A'eptis of Sir Francis Bryan, which William was sou and heir of Thomas Mulsho by Mary (or Maria) daughter and heir of Michael Nevil. c & d Sir John Conway and Kichard Mostyn, Esq. joined in the sale of Gothurst and Stoke Goldington, in 170-1, to Geor'^e Wright Esq., eldest son of Sir Nathan Wright, the Lord-Keeper. a Vide Harl. MSS., No. 364 .—Pedigree of Nele, Mulshoe, Nevill, Nowers, &c., fol. 42. 108 BARONKS PRETEEMISSI. ODINGSELLES.— (45 Hen. III.) This preeminent family is totally unnoticed by Dugdale in his Baronage, though by reason of its high baronial descent, it might have deserved some mention, as M'ell as others who of far inferior note are narrated by him, and were also never summoned to parliament after the reign of Hen. III. ; if they were at any time of sufficient conse- quence to be denominated barons. In the Antiquities of Warwickshire, Dugdale has * Antiq. War. however given an account of the family.* P" ' Ralph de Limesi, the Conqueror's sister's son, (as he is called), besides forty-one lordships which at the general survey he held in divers counties, enjoyed the lands of Christiana," one of the sisters of Edgar Atheling, by marriage, (as some affirm, and ac- cording to others by gift of the Conqueror), among which was Ulverly in the county of Warwick, which he made his principal seat. His great-grandson t Monast. Gerard de Limesi married Amy, or Amicia,t daughter of Halenade de Bidun, a Anglican. great feudal baron in the time of Hen. I., and eventually one of his co-heirs ; by whom he had issue a son John, and two daughters; John, the son, had a son Hugh, who dying s. p., his two aunts were his co-heirs : of these Basilia married Hugh de Odingselles, a Fleming ; and Alianora the other, married David de Lindsay, a Scot. * Vide Tab Hugh de Odingselles, by Basilia de Limesi his wife, had several sons,t whereof Gen. William de OdingseUs died 1249, leaving by Joan his wife, a son also named Wil- liam, which WiUiam de Odingselles married Ela, daughter of William Longspee, earl of Salisbuiy, a marriage which shews that he was personally considered among the most eminent men of his day. In the 45th of Hen. III., he was summoned to the parliament then convened § Claus. Rot. by the king's writ to meet in London ;§ but he died in 1294, the 22nd of Edward I., m.'s. dorso. before any regular series of parliamentary writs is to be found among the public records; a circumstance which may have been the ground for which Dugdale omitted mention of the family in his Baronagian History ; yet, as that author did notice therein, David de Lindsey, who married Alianore, sister to BasiUa the wife of Hugh de Odingselles, which Basilia, and Alianore, were the co-heirs of Gerard de Limesi, named as a feudal baron of the first degree.'' Odingselles was as worthy of commemoration as Lindsay. This W^illiam de Odingselles, by Ela his wife had a son Edmund, who died s. p., and four daughters, whereof Ida married John de Clinton, ancestor of the earls of Lincoln of that name. Margaret married Sir John Grey, of Rotherfield; Alice married, first, a He was right heir to the Throne, when the Conqueror, by the battle of Hastings, overcame Harold the usur- per, and obtained the kingdom over which his descendants continue to rule. b By the Articles of Magna Charta, the Barons had conceded to them the right of being summoned to parlia ment for the assessment of aids. These Barons were the great tenants in capite of the king. Limesi was of that class ; the right of summons was attached to the possesion of his baronial lands by his heirs. BARONES PRETERMISSI. 109 Maurice Caunton, and secondly, Ralph de Parham ; Alianore married, first, Peter do Bermingham, and secondly, Sir Eustace le Poer, knight. Ralph de Limesi, temp. William the Conqueror. -p Christiana I Ralph de Limesi.-p Hadewyse. Alan de Limesi.^ Gerard de Limesi.=pAmy or Amicia, daughter of Halenade de Bidun. "T 1 John,ob.-pAlice,d.of Rob. Basilia de Limesi, aunt and -p Hugh deOding- Alianore, aunt & coh.-pDavid deLind- 1198. I de Harcourt.* co-heir of Hugh de Limesi. | selles, ob. 1238. of Hugh de Limesi. J sey, a Scot. I r-1 1 ' n 1 1 1 ' Hugh, living Hugh. William, ob.^ Joan. .. . David. Gerard. Walter. Alice, sister =pHenryPinkeney, nugn, living nugn. wiiiiam, oo.-pjoan. . . . uavia. uerara. waiter. iviice, sister -p nenry rmi 1223, s. p. Gerard. 1249. | William. Omn. s. p. and heir. I ob. 1250. I ' I ' William de Odingselles, summoned to=pEla daughter of William de Sir Henry de Pinkeney, summoned to par- parliament, 45 Hen. III. — ob. 1294. \ Longspee, Earl of Salisbury. liament, s. p. — (Vide Pinkeney, v. i.) I 1 "— 1 1 1 Edmund de Ida, mar. Margaret married Alice mar. 1st, Maurice Ela, married 1st, Peter de Odingselles, John de Sir John Grey, Caunton; 2nd, Ralph Bermingham; 2nd, Sir s. p. Clinton. of Rotherfield. de Paiham. Eustace Le Poer, knt. • Tills .\lice, .ifter the death of John de Limesi, married Waleran, Earl of Warmck. PABENHAM.— (24 Edw. I.) John de Pabenham, in the time of Henry III., held* half a knights' fee in Hynewj'k, * Lib. Foed. and Pabenham, of Bedfordshire, of the barony of Beauchamp of Bedford, and died seised • • P- of the said lands, as also of others at Carlton and Welden, in the county of Bedford, about the 53 Hen. III.,t After when, another t Esch. 53 John de Pabenham held the same lands, who with his son, another John, by the name of John Pabenham, senior and junior, had summons to attend the coronation of Edward II. John de Pabenham, junior, by that distinction, 24 Edw. I., had summonsj in the + Dug. Lists character of a baron, to attend the king at Newcastle-upon-Tyne ; but after when, his ° "°^' name is not contained in any writs o^a similar nature, though the family for a long period afterwards continued to flourish in the possession of their lands at Pabenham, and to have a confirmation of the privilege of free-warren in the same.§ Of this name, § Pat. Rot. 38 Laurence de Pabenham married Elizabeth, one of the three sisters and co-heiresses 46. ' ' ™' of Thomas de Engaine, and had partition of his inheritance accordingly ; || which Laurence '^ i°"fn*'u*^ left an heir-female, as, under the article of Engaine, is more fully set forth in the first 2 and 4. volume of this work. 110 BARONES PRETERMISSI. LAWRENCE PAVILLY, or PAVELY.— (24 Edw. I.) This family is supposed to have been of Norman extraction,'' and became divided into several branches, which were seised at an early period, of lands in the counties of * Lib. Foed. Nottingham,* Northampton,t Somerset,^ and Wiltshire. § Of one of these branches et°aiibi.^ there is a pedigree given by Bridges in his History || of Northamptonshire ; and of ano- t Ibid. p. 26 ther there is a pedigree in Thoroton's History of Nottinghamshire,^! of the Nottingham- I Ibid. p. 733 shire line. § Ibid. p. 657 Robert de Pavely lived in the time of Richard I. and king John, and by Maud, his et alibi. wife, had issue another II Vol.I.p.597. ' ir Vol.1. p. 124. Robert de Paveley, who deceased about 35 Hen. III.,** being then seised of lands ** Escb 35 ■ • n - . Hen Ill.n 50 ^^ ^^^J ^'""1 Houghton, &c., in the county of Northampton, and leaving by Muriel his mfe, a son*" tt Ibid. 16 Robert, who was then about thirty-three years old, and died 16 Edw. I.,tt having f^'^ .'■."•^^j had issue by Sarah his wife, who survived him, J J a son Edw. I. Rot. Lawrence Paveley, who, 4 Edw. !.,§§ on a general proffer of services to the king, §§ Madox's taken at Twede mouth, on Thursday next after the Nativity of St. Mary, acknowledged Baron Ang. p. ^^^ offered the service of one knight's fee in the county of Northampton, to be perform- T,. J ed|||| by Pauline Paveley and John Pyrie, with two horses well equipped. Furthermore, «^ T^ , T ■ in the 24th of the same reign, he had summons^f^ to attend the great council, then con- 1[ir Dugd. Lis. ^ ^ . ^ of Summ. vened at Newcastle-upon-Tyne, upon the subject of an intended expedition against the Scots. He was dead before 1 Edw. IIL : for in that year,*t Lawrence de Paveley had *t Rot Pat. 1 Edw. III. a grant (or rather a confirmation) in fee of all his lands in Piry and Houghton, county of m. 28. pars. 2 ]Nfoj.);i^ampton ; Risly, county of Nottingham ; and Winfield, county of Derby ; which had been granted to Robert Pavely his ancestor, by William Peverel, to hold by the suit and service of one knight's fee." *t Esch. 20 Robert de Paveley, son of Lawrence, died circ. 20 Edw. IIL,*t having had issue Edw. in. n. , ^c u f 50. several sons,*§ whereot *§ Biore's Lawrence de Paveley, the eldest, was aged nineteen at his father's death, and deceas- South Wing- ed the 23 Edw. in.,*l| without issue ; whereupon *|| Esch. 23 John de Paveley, his brother, aged fifteen, became his heir, who was afterwards Edw III. n. ^ knight, and in the 3rd, 10th, and 13th Ric. IL, sheriff of the county of Northampton, *1I Vide Col. and died, as it seems, without issue male ; for his heir-female, or one of his heirs female, PcGrsiffG St Joiin FamUy. married into the family of St. John,*^ and carried with her a very considerable inheritance. a The Liber Fo2dorum, (Vol. II. p. 365. Norf.) thus recites ; viz. " Thorn' de Pavely, Norm' tennit ScuUe- thorpe, et medietate de Schilberh'd et Will, conies Warenn tenz terra illam et valet xsxli." •> The Pavelys were a very numerous family, and greatly divided, which renders a connected account most dif- ficult to give with any accuracy to be depended upon. c Vide Rot. Pari. Vol. II. p. 43. A.D. 1330. (4 Edw. III.) Nos. 58, 59. BARONES PRETERMISSI. Ill In Madox's Exchequer,* it is stated, that Joan, wife of John Chidiock and Ela de * P-32 3. Bradeston, were daughters and co-heirs of Alice, one of the daughters and heirs of a John d e Paveley, of Westbury, .in Wiltshire. Madox's statement is thus confirmed, viz. Joh- anna ux. Joh Chedyok, Chiv" et Ela de Bradeston, fil' et hsered' Johannis de Sancto Laudo Chiv' et Alicite, nup. ux. suae unius filiar" et htered' Johannis Paveley. — Partitio terf Westbury et HenedynghuU, in Wilts. — Inq. 49 Edw. III., n. 13, — Appendix p. 455, WALTER PAVILLY, or PAVELY.— (24 Edw. I.) Walter de Pavely, in the time of Hen. III., held one knight's fee of the king in capite, in Broke, in the county of Wilts ; and also one knight's fee in Westbury and Chip- penham, in the same countj'.f In the 36 Hen. III., he held a licensej for free-warren f ub. Foed. in his demesne lands at Westbury, and shortly afterwards deceased, about the fortieth J 5' j, ^ ' q^ of the same reign. 36 Hen. III. . m. 9. Reginald Paveley, his successor, 45 Hen. III.,§ was summoned in the character § Esch. 40 of a baron to attend the king on urgent affairs, as well affecting the state of the nation, "^' '"^ as the king's cro\Mi and government ; and 47 Hen. III. he had the like summons to attend at Chester, upon an expedition proposed to be made into Wales. He deceased about 8 Edw. I.,|| and was succeeded by II Clau. Rot. Walter de Paveley, who imports to be the person summoned the 24 Edw. I., in the in Dorso. m.3 capacity of a baron, to attend the king at Newcastle-upon-Tyne.** % Esch.SEdw. After him, another Walter de Pavely is noticed, as a very eminent soldier in the ** bug! Lists martial reign of Edward III., at which period he was one of the knights of the Garter.^ The line of this family seems to have terminated in an heir-female, married to Che- ney, by whose heir-general married to Willoughby, (a younger branch of WiUoughby of Eresby), the manor of Broke, or Brooke, was acquired to that family ; whereof Sir Robert W^illoughby, a great and expert soldier, was summoned to parliament in the reign of Henry VII., as a baron of the realm, by the title of WiUoughby de Broke. PAINELL, OF Drax. The account given by Dugdale of this family is very confused, with respect to the relative connexion of the several branches. In his Baronage he states that Hugh, a younger son of William Painell, and Julian de Bahuntune, his wife, in the 9th of king a Walter de Pavely, the 20th Edward III. held in Winterborae, St. Martin m Com. Dors, half a knight's fee, which Reginald Pavely formerly held; and the 40th Edward III., Walter de Pavely held at his death, several manors in the county of Wilts. of Sum. 112 BARONES PRETEBMISSI. John, held six knights' fees belonging to his manor of Drax ; which king John gave him,^ and that he died the 28th of Hen. III., when Lettice, his wife, surviving, had hverj' of his lands in the counties of York and Lincoln, until his heir should be of fizll age ; and here ends Dugdale's history of this branch of the Painell family ; thoug hin his antiqui- ties of Warwickshire, he recites " that Sir John Painell, knight, had his principal seat at Drax, in Yorkshire, and had summons to parliament from the 28th Edw. I., to the 12th of Edw. II." and in the index to his Lists of Summons, one John Painell is described of Drax. But in the writs themselves, no such additanient is given to the name : hence It may be here questioned whether these writs of summons refer to this John, or to another John who seems to have been lord of Otteley ; for I PAYNEL OF OTTELEY.— (28 Edw. I.) * Claus. Dors. m. 17 t Ad hue eod. ann. % Palgrave'i Writs. In the 28 of Edw. L, the name of John Painel is mentioned in the writ of summons to the parhament to be holden at London ;* and again in the writ of summons to the parliament at Lincoln ;t in which parliament the barons summoned, subscribed their names and seals to the famous letter then addressed to the pope ; and the name of John Painel is thus recited, viz. Johannes Paynel dominus de Otteleye. Thus if the writs were meant to refer to John of Drax, it would seem that Otteleye, and not Drax, was his barony, though he might possess both estates. Tliis John Painel, whoever he was, ap- pears to be the same person to whom all the writs in that name were directed, from the the 28 of Edw. I., to the 12th of Edward II., inclusive, — which last mentioned parlia- ment was prorogued in consequence of the invasion of the Scots ; and he was informed thereof.^ PAINEL OF TRACINGTON.— (32 Edw. I.) § Antiq. of CO. Warw. Of this person Dugdale has totally omitted aU notice in his Baronage ; unless he probably might mean the same individual of whom he has narrated,§ that the lord Camois, by a formal deed, assigned over to him his wife, who had departed from him, and lived in adultery with Sir William Paynel. a Saka de Drax, fuit Fulkonis Paynel Normannn' et Hugo Paynel tenet earn de ballio D'ui. Reg. J. et Hugo presens fuit et cognovit i\^- te't earn in escambio pro terra Normann' qua amisit, et valet lii. Libr'. per annum, et xii. Solid' et vixx Gallinas et vcc. ova. — (Lib. Feed. Vol. II. p. 652. Barkerston). John Paynel de DrsoL.—Esch. 14 Edw. I., No. 51., and 15 Edtv. I., No. 27. Philip Paynel, had Drax. — Esch. 27 Edw. I. No. 51. Probatio ffitatis 19 Edw. I. No. 104. Ralph Paynel, Dom'. de Drax. — Esc/i. 34 Edw. I., No. 82. BAKONES PRETERMISSI. 113 Although not summoned to the parUament ;\t Lincohi the 29 Edw. I., the name of William Payuel appears among others nt)t summoned, who nevertheless affixed their seals to the letter then written by the barons to the pope, being designated Will' Paynel, fde TracinytonJ ; after this, tlie name of William Paynel is included in the writs of summons of the 32 Edw. I., and from the 2nd, to the 9th of Edw. 11, I)eing in the writ of the 5th, styled a baron. He died, according to Dugdale, in the foUomng year, the 10 Edw. II., leaving John his brother and heir, aetat 50 et amplius ; which John, the 10th of Edw. II., doing his homage, had livery of his lands, saving the dowry of Ela* de St. John, widow * Isolda? of the said WiUiam. After this, the same John obtained the king's charter for a weeldy market at his manor of Littleton- Painell, in Wiltshire, and died the same year, (12 Edw. IL), leaving Maud his daughter and heir, then thirty years of age, who is said to have married Nicholas de Upton. From these statements it may reasonably be uiferred, that William Paynel of Tracington, and John Paynel of Otteley were brothers. Hutchins, in his history of Dorsetshire,t asserts, that the 50 Hen. III., the manor tv. i. p. S2l. of Ramesham belonged to Adam de Periton," whose heirs were William de Kaynes, son of Margaret de Periton ; Isabella, who was the wife of Robert de Welles ; and Catherine, wife of John Painel ; wliich last had the said manor, the 25 Edw. I. ; Catherine lield the same of Tliomas de Gardino, who was the mesne lord between her and the king, — John, her son and heir, aetat 25. f J Esch. Tlie 27 Edw. I.,§ Philip Painel held it of the same Thomas, by service of one knight's § Esch. fee, — John his son and heir fetat 2, the IS Edw. II. John Painel, at his death, held no 51 lands in the county of York ; and, Elizabeth liis mother held the said manor of Ramesham in dower. Elizabeth Painel, whom Richard son of John de Gastrich had married before the death of John Painel, and Margery her sister, who married John Poucher, were the daughters and heirs of John Painel. But in this statement the assertion by Mr. Hutchins, that Richard de Gastrich had been married to Elizabeth Painel long before her father's death, admits of great doubt ; for if he was only two years old the 27 Edw. I., and died the 18 Edw. II., a period not exceeding 27 years, he must have married at a very early age, to have had a daughter capable of being wedded long before his decease. Under tliis observation, it may be inferred, that the said Elizabeth and Margaret were the daughters, and eventually heirs of John Paynel, the father of Philip, for, in Burton's Monasticon of Yorkshire, it is mentioned,|| that Richard de Gastrich and n Burton Elizabeth his wife confirmed to the prior and convent of Drax, aU tlae lands which the P' ^^^' ancestors of the said Elizabeth, had given to them in Drax Soken. Indeed, the various accounts of the Paynel family, either by Dugdale, or the county historians of places where they held lands, are so contradictory to each other, that to » This Adam de Periton was summoned to the parliament convened to meet in London the 45 Hen. III. — Vide ClauE. 45 Hen. III., Dorso. mem. 3. He was lord of Oxhill, in co. Warw. Q 114 BARONES PRETERMISSI. endeavour to reconcile them to any degree of correctness, would require more consump- tion of time, and expense in the investigation of public records, than would compensate any author for the undertaking. PAYVRE OR PEVRE.— (22 Edw. I.) This family descended from Roger, the great bishop of SaUsbury, in the time of king * Kenuet's Stephen, who by Maud de Ramsbury, his harlot, had a son,* called Roger de Paupere aroc . n iq. Qgj^g^ . ■^ylJose descendant, Pauline Payvre, Pevre, or Piper, flourished in the reign of Henry III.; when he first t Math. came to court, he was, as Matthew Paris observes,t a person who had not above two car- Par, p. 709. ' , ' _ , . ucates of land, but in a short time acquired a midtitude of manors, with an immense revenue, so that he was almost equal to the first of the nobility, in point of greatness * ^^•'*- and opulence. His principal seat was at Tuddington, in Bedfordshire, where he erectedf a mansion, with such palace-Uke grandeur — such a chapel — such lodgings, — with other houses of stone, covered with lead, — and surrounded the same with such avenues and parks, — that it excited the astonishment of the beholders. § Ibid. p. 544. rpj^jg eminent courtier was sewer to Heniy ni.,§ and one of his principal counsellors. II Ibid. p. 709. jjg (jjgd J,-, 1251,11 when his body was interred in London, and his heart carried to Tud- f Lib. Feed, dington. His wife^ surviving him, re-married with Sir John Grey,ir knight, who there- 851. upon became** the inhabitor of those noble edifices and domains, which, as yet, were ** Ibid tt Mat. Par. scarcely completed.tt John Pej^re, son and heir of Pauline, was under age at the time P- '^^- of his father's death, and according to Lysons,JJ John, Lord Grey, who had wedded his V. i. p. 143. mother, having purchased of the king his marriage, thereupon united him to his own Bedf. daughter, at his manor of Water-Eaton, in Buckinghamshire. This John became afterwards a person of great note, and may be concluded to be §§ Dug. Lists the same who, 22 Edw. I., had summons §§ to that parliament which was then appointed nil Ibid. to convene, but for which no place of assembling was declared. The like summons |||| he ^ir Ibid. had in 24 Edw. I., to attend a great council at Newcastle-upon-T)Tie ; as also,1[^ in the 27th of the same reign, to the several parliaments appointed to meet at London and a She was named Annora, and was one of the sisters to Michael Belet, the king's butler (founder of Wrokeston priory). This lady carried to her husband Pauline Payvre, the inheritance of certain lands holden by the serjeancy of butlerage; viz. to hold the king's cup to the earls of Arundel, butlers of England, when the earl is to deUver it to the king. But this is to be understood of the then earls of Arundel, who were the Albini's, and held the lordships of Boken - ham, Wymondham, &c., in Norfolk, by the service of being butlers to the king on the day of his coronation. But whether this lady Annora was his first or last wife, may be questioned : for Blore, in his history of Rutlandshire, states, (citing the Chronicle of Dunstable) that the name of Pauline Peyyre's widow was Johanna. BARONES PRETERMISSI. 115 Westminster. But after this period, neither his name, nor that of any of his posterity, has place among the barons of the realm. Thomas PeyvTe,* the sixth in descent from Pauline Pevyre, by his wife, daughter and *Lyson'6Mag. heir of Sir Nigel, or Nele Loring, had only female issue, whereof Marj', daughter and i43Bedf.etiam heir, married Sir John Broughton, a whose daughter and co-heir, Anne, carried the ^.qi_ 2. p. 355. manor of Tuddington, with other estates in marriage, to Sir Thomas Cheney, knight of the Garter; whose son Henry, was afterwards created lord Cheney, of Tuddington, anno 1572. Lysons, in his Magna Britania,t states, that the parish church of Maids-Morton, in t Vol. 1. p. the county of Bucks, was built about the year 1450, by some of the Pey\Te family, who ""^ *' possessed the advowson. Tlie tradition is, that it was built by two maiden sisters daugh- ters of the last heir-male of the Peyvre family ; and that the village was from thence caUed Maids-Morton. With respect to the office of Butlerage, to which allusion has been made before in an under note, it seems that the said serjeanty was attached to the tenure of certain lands ; but that the office of butler to the king, was not limited to any service upon the coronation day, but was one granted as an hereditary one to Michael Belet and his heirs. For thus the recordj recites, viz. : + R^t p^t. Johannes Dei gratia, &c., Sciatis nos reddidisse et present! charta confirmasse magis- apud Marlbro' tro Mich Beleth filio Miehi Beleth, et hoeredife suis officiuni suum de Pincemova nostra et omnia alia jura ad pdict^ officium ptii cum omn ptinentiis suis habend et tenend de nobis et integre et honorifice sicut ipse Michael pater pdicti Magri Mich vel aUquis an- tecessor suorum officium illud mehus et liberius &c. habuit et tenuit concessimus etiam eid Magro Mich et hceredibus suis omnes terras que fuerunt Hervie Beleth avi ejus de cujuscunq. feodo fuerunt. PECHE.— (14 Edw. II.) Robert Peche, in the 14 Edw. II., had summons to a parliament to be holden at Westminster, but of this Robert, Sir William Dugdale does not take any notice in his Baronage, though he includes the name in his Lists of Summons. Who he was is thus left unexplained. Hamon Peche who died 25 Hen. III., is stated to have had issue Gilbert and five other sons, viz. Hamon, Hugh, Robert, Thomas and William. !i This Sir John Broughton, in 1443, founded an hospital at Tuddington, in honour of St. John the Baptist, for three poor men, and a master or chaplain, who were to pray for the souls of Thomas Peyvre, and Margaret his wife and their ancestors. 116 BARONES PRETEEMISSI. Gilbert, the eldest, had summons to parliament the 45 Hen. III., and died circ. 19 Edvv. I. But Robert, his third brother, could scarcely be the person here meant, for he must have been at least eighty years of age in the 14 Edw. II., a period of life not very likely for him to be first summoned to parliament. He most probably was a younger son of the aforesaid Gilbert. PERROT.— (25 Edw. I.) This name is of very eminent and ancient degree, being derived, according to the traditional account of the family, from Sir Richard Perrot, seigneur de Perrot in Brittany, who came over with William * BattleAbbey the Conqueror, anno 1066,* and obtained some lands in Somersetshire, near the river Perrot. He had issue, Stephen Perrot, who is said to have married a Welsh lady, named Helen, daughter of Marchion, the son of Rhees, one of the princes of that country. Andrew Perrot, son of Stephen, was lord of Istynson, and married Janet, a daughter of Ralph, lord Mortimer, by Gladuse his wife, daughter of Leweline, prince of Wales, and had issue William, father of Peter, who had two sons, Ralph and Stephen ; whereof the former had summons to parliament, but died without issue, and Stephen continued the line. But notwithstanding the confidence « with which this descent is given in the printed t Ed. 1771. Baronetage of Kimber and Johnson,t there is reason to look upon it as neither correct, in point of chronology, or identity of persons and marriages. The name has been variously written, — as Perot, Pirot, Parrok, and Parret. The J Hearne's authentic record called The Black Book of the Exchequer, states J that Scacc. vol. 1. Alan Pirot held six knights' fees under William de Albini, in Norfolk, and, that I Ibid vol. 1. Ralph Pirot, 12 Hen. II.,§ upon the assessment of aid for the marriage of Maud, p. 202. Bedf. the king's daughter, was named in the certificate of Robert de Albini, of Cainho, as holding of him five knights' fees ; at which time also, a John Pirot similarly held one knight's fee in Bedfordshire. a The descent is taken from the pedigree, introduced by the following dedication ; vi2. " Tliis pedigree of the noble and princely house of Perrot, descended from a numerous race of kings, monarchs of Britain, was collected from the British Annals, which will bear record of the truth, and that it is no fiction, to latest posterity. It is most humbly dedicated to the most noble and puissant prince, Sir James Perrot, marquis of Narbeth, earl and viscount Carew, and baron Perrot, by his lordship's poor, but most faithful servant, Owen Griffiths; who was wounded by Ms side in Carew Castle, 1650." This pedigree so entitled, and declaratory of honours, which were never granted, one would imagine, was rather the fruit of a disordered mind, than the produce of a serious research and faithfid representation. BARONES PRETEKMISSI. 117 In the certificate of the bishop of Ely,* at the same period, a Ralph Pirot is noticed * Heame's as holding of him tM-o knights' fees in the county of Cambridge ; and in the certificatef Vol. I. of Henry Fitz-Gerald, on the same occasion, Ralph Pirot is mentioned as holding of him +'ib.'p *238. four knights' fees in Essex. Also, on the same occasion, a Ralph Pirott is certified t Essex. ^ ' ' ' J lb. p. 146. by Geffery de Vere to hold of him four knights' fees. Salop. If these knights' fees, amounting in the aggregate to fifteen, were holden by one and the same person, they point him out as one of considerable estate and consequence. After him, another Ralph Pyrot is recorded§ as holding, in the reign of Henry III., four knights' fees § TestadeNer. of the barony of Albini, of Cainho, in the counties of Bedford and Bucks; which knights' fees are then mentioned as in division || between the said Ralph and the lady n ibid. p.i82. Isabella de Albini.a At this time likewise, Ralph Pirot held^ in Lindesel and Hakewell, ^ Ibid, p.244. in the counties of Essex and Hertford, two knights' fees; and also, the same number** in ** Ibid. p.l5. Cnolton and Ringleton, in Kent ; making altogether eight knights' fees, but seven less than his ancestor seems to have possessed in the time of Henry II., in the counties and places aforesaid. This Ralph died, as it is likely, about 36 Hen. III., when heftwas seised ft Esch. 36 of Lindesel, in Essex, and Sauston, in Cambridgeshire. He had several sons, as it is ^° ' "' '' probable : whereof Robert de la Parrok, in the 52 and 53|J Hen. III., had a license for a free warren, %X Cha. Rot. and a market and fair at De la Parrok, in Kent. Uj ^ 10&2! Henrj' Pyrot, 6 Edw. I., had committed§§ to his charge the custody of the county §§ Original. 6 r -WT iiii'i,-,! », ' Edw. I. Rot. 7. 01 Kent, to hold durnig the king^s pleasure. And Simon Perot, 4 Edw. I., was one ofthose|||| who, in the general proffer of knights' |||| Madox's services, taken at Twedemouth, on Thursday after the Nativity of St. Mary, in the year J^^2\i. "^ aforesaid, tendered his ser\'ice for two knights' fees holden in the counties of Essex and Cambridge. Ralph Perot was successor to Simon, and, 24 Edw. I., had a writ of service, or rather summonsH to attend, among others, at Newcastle-upon-Tvne, \vith horse and arms, Iflf Dug. List* Sum. to march against the Scots ; and also in the following year had his name included among those of the earls and barons who, 25 Edw. I., had summons*t to attend a parliament *t Ibid. appointed to be holden at Salisbury. He died about 33 Edw. I.,*t seised of the manors *t Esch. 33 of Sauston and Lyndesle, for which manors, Simon, the son of the said Ralph, in the ^- • °- year*§ aforesaid, paid a fine of 20Z. for license to enjoy them, ha^nng acquired them, or *■? Oiiginal. 33 Edw. I. rather entered upon their possession, without the king's permission. Rot. 14. » The Testa de Nevill, at this period, notices a William Pirot, as holding with William Faudho, one knight's fee in Pullokeshull, of the honour of Albini, of Cainho ; which William was probably the heir of John, who held the knight's fee mentioned in the certificate of Robert de Albini, 12 Hen. II. 118 BARONES PRETEBMISSI. Having thus given an account of that branch or family of Perrot, which appears to have been the one summoned to parliament in the time of Edward I., it may not be very irrelevant to return to the family genealogy, before mentioned ; and therefrom to notice the line, which is stated to have been the progenitor to the famous Lord Deputy of * Ex. Stem. Ireland. Of this race,* Stephen Perrot, lord of Istynston, married Mabel, daughter of am. e eiro , Castle, of Castleton, in Pembrokeshire, and had issue John, father of Peter, who, by Alice, daughter and heir of Sir Richard Harold, of Haroldston, was ancestor to Sir Thomas Perrot, who married Mary, daughter and co-heir of James, second son of Maurice, lord Berkeley, and had issue, t Mag. Biit Sir John Perrot ; who, as Camden observes,t was Lord Deputy of Ireland, and being sensible that nothing would more eflfectually appease the tumidts in Ireland, than a regidation and settlement of the province of Ulster, went thither himself in person, and, by his gravity and authority, gained so much respect among the petty kings, that they consented to have their seignories reduced into counties, and admitted sheriffs to govern them : but, being afterwards recalled, and being very ambitious, some powerful rivals, (together with the licentiousness of his own tongue, in speaking disrespectfully of his sovereign), brought him unaware to ruin. He died in November, 1599, having married to his first wife, Anne, daughter of Sir Thomas Cheney, knight of the Garter, (sister to Henry, lord Cheney), and had issue. Sir Thomas Perrot, who was created a baronet, 29th of June, 1611, but died before his patent had passed. He married Dorothy, daughter to Walter Devereux, earl of Essex, and by her had two daughters ; viz. Dorothy, who married James Perrot,— and Penelope, who wedded, first. Sir William Lowther, and secondly. Sir Robert Naunton, principal secretary of state. PEVERELL OF SAUNFORD.— (45 Hen. III.) Dugdale, in his Baronagian account of the several branches of this eminent family has omitted mention of this Hugh Peverel, further than that William, son of William Peverel, of Dover, and sometime called Peverel of Essex, having, with Maud his sister, enfeoffed the posterity of Peverel of Saunford with that Lordship, the barony fell to the tTestadeNev. king; J it however appears that in the 45 Hen. III., a ^' ' Hugh Peverel, by the designation of Hui/h Peverel de Saunford, had summons to that parUament, which was by writ dated at the Tower of London, 18 of October, con- § Claus. 45 vened to meet in London,§ at which time also in the same writ is mentioned the name ^"^in Dors" ^^ Andr' Pevell. But in what way these persons stood, in descent from Ranulph Peverel, who at the general survey held sixty-four lordships in several counties, or were connected BARONES PRETERMISSI. 119 together, does not appear. Their names are not noticed after this period, as having any baronial distinction. . Peverel.^. . . . i . . . I 1 William Peverel, of Weston, Thomas Peverel, brother and heir Hugh Peverel, brother and heir CO. Devon. Orig. 26 Hen. to William. Orig. 26 Hen. III., to Thomas. Orig. 26 Hen. III., III., Rot. 2, Dei'OH. Rot. 2, Devon. Rot. 2, Devon. Lansdown MSS., No. 901. Richard Peverel, of Saunford, in com. Devon.=pJane Eloyn. James Peverel, of Saunford.^Mary, daughter and co-heir of Sir Walter Comvfall. Hugh Peverel, of Saunford. ^Eliz. daughter of John Cobham, by Amicia, daughter and heir of Sir. James Boehay. Sir Thomas Peverel. ^Mary, dau. and coh. of Sir Tho. Courtenay, by Muriel, dau. and coh. of John, Lord Moels. I 1 1. Alianore, wife of Wm. Talbot, s. p. 2. Catharine, at length sole heiress, 1st wife of Walter, Lord Hungcrford. N. B. There arc not any dates to these descents. •»• Hugh Peverel of Saunford gave one mark for a Plea of .\ssize, "ad recognoscend* si Sic* Pev^ell ff ip'i Hug* ditjioiuat Johanna filia Margaretcp de Reigin ; " Pip. Rot. 3 Joh., Devon. PIERREPONT.— (22 Edw. I.) This ancient family, which, in the course of time, attained to the highest rank in the peerage, is both mentioned by Dugdale, under the title of Earl, and by Collins, under the dignity of duke of Kingston. The latter author has very elaborately given the descent from its progenitors; but the former celebrated writer has commenced his accoimt at only a very late period, omitting two very eminent persons, who thereby become the subject of notice here. Of these, Simon Pierrepont, (eldest son and heir of Robert, by Annora his wife, daughter of Michael, and sister and heir to Lionel de Manvers, of Holme, in the county of Notts.), was one of those great men who 22 Edw. I.,* had summons to attend a parliament, * °"S- Lists . , . . ^ ^ of Sum. wheresoever the king should be ; which writ bears date at Westminster, the 8th of June, in the year aforesaid. This Simon left t a daughter Sibilla, who married Edmund Ufford. + '^°°- ^S- . ° . Vol. I. p. 415. Brother to this Simon, according to the statement of Collins and Edmondson, was Robert Pierrepont, who had divers summons of service J to attend several councils + *^'*"- ^°*^- ii- 1 T- o by king John. But although Dugdale (as before observed) has thought fit to name the grandson of ** Rot. Cha. Maud de Lucy, Richard, it appears from a record** of some authoritj^,"^ that his name was 39 Hea. III. . in Dorso. John ; which a Tradition ascribes the name to be assumed fiom their habitation near a river, or from having the Conserva- torship thereof. Aungre, their seat being on the river Koden, in Essex, which falls into the Thames. b Matill' de Lucy, D'u'a de Angre maritata est Eico. de Ripa' p. Rege' J. & valet terra ejus xlli in Angr'. — Lib. Foed. Vol. II., p. 246. « This Richard is probably the same who married Maud, sister and heir of John Breton, of Sporle, and the 5 Edw. III. settled the Reversion of the manor of Dunham Parva, co. Norfolk, on Thomas his eon, and Alice daughter of John de Loudham (his intended wife) in tail ; with remainder to John and Ralph, brothers to Thomas. (Blomf. Norf. Vol. IX., p. 470, 8vo. edition.) Vide Breton of Sporle. d Couventio facta inter Philippum Basset ex una parte & Richardum de Tany : viz. quod dictus Pliilippus dimisit dicto Richardo maritagium Johis. de Ripariis filii Richardi de Ripariis & hseredis Dominse Matilda de Lucy ad opus cujusdam filiarum suarum & maritagium Matildae sororis dicti Johis. ad opus cujusdam filiorum suorum. Pro maritagio autem dicti Johannis de Ripariis prsedictus Dominus Ric'us de Thany & Margareta uxor filia 6 haeres D'ni Willi, filii Rici. de Stapleford tradiderunt, &c. dicto Phillippo totum Manerium de Stanbregg cum ecclesia. — Chart Rot. 39 Hen. III. m. in Dorso. BARONES PRETERMKSSI. 121 John de Ripariis married, or was contracted to marrv,* one of the daughters of * Rot. Cha.39 ^ -^ Hen. III. m. Ricliard de Thanv, or Tanv- and died about 22 Edw. I. ;t for in that year, another Dorso. " '' . . + Esch. 22 John de Ripariis, his son and heir, had liveryj of those lands whereof his said father gj^. i_' „_ 33, had been possessed. This John l)ecame a person of consideral)le eminence, and, 29 jjj ']"'« t^s Edw. I.,§ was one of those who, in the parliament at Lincoln, subscribed that meniora- Essex, ble letter which was addi-essed to the pope, asserting the king's supremacy over the of Summ. realm of Scotland; when he is written, "Johannes de Ripariis, Dominus de Angre." Moreover, he had summons to parliament, among the barons of the realm from || 26 II Ibid. Edw. I. to 1 Edw. II., both inclusive." The 4 Edw. II. he fined ten marks, for licensed to enfeoflf John his son of the manor If Original. 4 of Aungre ; and, shortly afterwards, ** deceased, leaving the said John his son and heir. is. John de Ripariis, successor to his father, the 6th, 7th, 8th, and 9th Edw. II„tt had ** Esch. 5 Edw. II. n. 7. summons to parliament ; but after that period, neither himself nor any of his posterity tt Dug- Lists had the like summons. In 13 Edw. III., by the description of John, son of John de Ripariis, he had licensej J to enfeoff John Sutton, of Wyvenho, of certain lands at Writ- ++ Esch. 13 tie, and in the Hundred of Aungre, Avith remainder to himself the said John de Ripariis. 28. sec. nos." ROCHE.— (28 Edw. I.) Thomas de la Roche, 26 Edw. I., had summons to attend the king at Carlisle, well furnished with horse and arms ; on whicb occasion, he is, in the writ,§§ denominated §§ Clau. Eot. a baron. In the same character of a baron, he had other summons of service in the 27 Doiso. in. 6 Edw. I.; and, in the year following, {||{ had a summons to attend, with the earls and nli'^fh-j barons, a parliament, called to assemble at London, the writ being tested the 29th of Edw. I., in December, the 28 Edw. I. The 29 Edw. I. he was one of the barons who, in the parliament at Lincoln,iri[ sub- TIF Domo. scribed the letter to the pope, touching the king's supremacy over the realm of Scotland; Westm.'^' on which occasion he is designated "Thomas Dominus de la Roche." From which period to the 34 Edw. I., his name is included with those of the earls and barons, summoned to the several parliaments holden in that interval. The first founder of this family is imagined to have been Peter de Roche, or Rupi- bus, who was consecrated at Rome, in 1204, bishop of Winchester, and was Chief Justiciar and Chancellor of England, anno 1213, the 15th of king John;*t after whose *t chronica death, he was in much repute during the minority of king Henry III., being constituted J'"'"li"alia. Protector, on the demise of William MareschaU, earl of Pembroke. The bishop had a a He was one of the Barons summoned to attend the Coronation of king Edw. II. — (Vide writ). R 122 BARONES PRETERMISSI. * Chronica Juridicialia. p. 468. f Beats, polit. Index. t Sandf. Geneal. Hist. J Peerage Comp. of Ire- land. son styled, in the Chronica Juridicialia, "G., the son of Peter, the king's justiciar;" who, in 1212, was one of the barons of the Exchequer. He is said to have had several natural sons, whom he largely provided for.a Sir William Dugdale, in his Antiquities of Warwickshire, * gives the pedigree of the family as hereafter mentioned. ^^ Of this name was Roche, Viscount de Rupe and Fermoy, in the county of Cork, Ireland; so created by king Edw. IV.f in 1477- Ralph the son of Alexander de la Roche, of Ireland, is said by Sandford,t to have been one of the four husbands of Elizabeth, daughter and co-heir of Gilbert de Clare, earl of Gloucester; after the death of their brother, the last earl, s. p., this Ralph, by the said Elizabeth de Clare, had issue David, father of John de Rupe, or la Roche, baron of Fermoy, who lived temp. Ric. II., who had Maurice Fitz-John, lord De la Roche, of Fermoy, from whom descended J David De la Roche, Viscount of Fermoy, who lived in the reigns of Charles I. & II.; during the great rebellion, he had adhered to the cause of king Charles, for which he for- feited, after the reduction of Ireland, by Cromwell, his very large estate in that kingdom. During his exile, he contributed, as much as possible, to the restoration of Charles II., and when that event had taken place, returning into England, he solicited in vain for the restoration of his estates and honours, considering his services entitled him thereto. But his estates were confirmed to those who had acquired them by not being so strictly loyal : thus experiencing like many other loyalists, the folly of ha\'ing adhered to an un- grateful monarch, though the usual reward of those who place their confidence in the gratitude of kings ; dying s. p., he was succeeded by John, his brother, who marrying Catherine, daughter of David Condon, esq., left issue two sons, and a daughter Eleanor ; of the sons a One of 'these sons was, most likely, Hugh de la Roche, archdeacon of Winchester m 1253. — Originalia, 26 Hen. III. b The following singular tenure of the manor of Winterslewe, in Wiltshire, is taken from the Escheat Roll of 50 Edw. III.; viz. " Johannes de Roches et Willielma uxor ejus tenuit maneriumde Winterslewe, per servicium quando Dominus Rex moram traxerit apud Clarendon, tunc veniet ad palatium regis ibidem, et ibit in Botellariam et extra- het a quacunque vase in dicta Botellaria inventa uhi eligere voluerit, vini quantum viderit necessarium pro factura unius picheri Claretti, quod faciat at sumptus regis et serriet regi de cipho, et habebit vas unde vinum extrahit cum toto residue yini in eodem vase dimisso, simul et ciphum unde rex potaverit clarettum illud. In inquisitione anno sexto Hen. 4, (n. 3.) compertum est quod WiUielma nuper uxor Johannis Roches Chevalier fuit filia et hteres Matildis de la Mare. c In the Peerage of Ireland, by Aoran Crossly, the Viscounty is called Fermoy in Munster, which, as Crossly dates the creation the 13 of Elizabeth, seems to have been a second creation, a former probably having become extinct, for default of male issue. Beatsou mentions a George Roche, created by king Edw. II., Baron Roche of Fermoy and Coslea. BARON ES PRETERM I SSI. 123 David, was in the nav}', and drowned at Plj^mouth, in tlie great storm, in 1703, and was succeeded by his brother Uhok, who married Anne, the widow of Purcell, and daughter of Carr, esq., of the county of Northumberland. The title is presumed to be dormant, but not extinct. Thomas de la Roche. ^ I 1 1 p-J 1 William de-p. .. . Lucia -p.... Johanna. Margaret, wife of Simon, son of Robert Alicia.^^ la Roche. | ' , Fleming, comity of Cork, Ireland. I ' 1 1 I—' Robert de la Roche.-r- Mariotta =f^N. N. Elianora, wife of Robert de Vemey John Arkdekne. IT- John de la Roche, 48=plsabel, dau. and heir of Hen. Margaret, wife of Roger de Clarendon, knight, natural Edw. III. I Bromwich. son of Edward the Black Prince, ob. inf. set. 15 Ric. II. r 1 ' \ 1 John died Roger died Thomas, inf. 8etat.=pElizabeth, daughter of Thomas brother and William de la young. young. 9 Ric. II. | heir of John de Birmingham. Roche. I ' 1 Elena, mar., first, Edm. Baron Ferrers, of Chartley ; second, Philip Chebuynd. Elizabeth mar. George Longiole Arm ' PART II. Henry Bromwich, of Castle Bromwich, in the county of Warwick. — Pof- 54 Hen. III.^ Robert Bromwich, Collector of the Revenue, county of Warwick, =^. Hen. III. m. I Anselm Bromwich. — 19 Edw 1.=^ Henry.— 16 Edw. 11.=^ I ' 1. — William Peto, 16 Edw. Ill,, s. p.=Isabel Bromwich, a daughter and heir. =2. — John De la Roche. a This Isabel, the 48 Edw. III. joined with her husband (Roche), and settled the Manor and Castle of Bromwich, on themselves for life ; remainder to their sons John, Ro^er, Thomas and William, whereof .Tohn, andRoger diedfyoun^. — Fin, Levat. Pasch. 48 Edw. III. ROSCELYN.— (22 Edw. I.) William de Roscelyn, the first of whom mention is made,^ married Letitia, daugh- ter and heir of Peter de Edisfield, whose ancestors,^ from the time of the Conquest, had holden considerable lands in the count)^ of Norfolk ; by her he had issue * Rot. Cha.50 Thomas de Roscelyn,. B. Sf esseml. Marshal Butel. up. natale' Domini S)- PentC' cost. Thomas his son and heir. g Thomas, styled Thomas ritz-Maxirice Russel, died 10 Hen. VI., Joan his wife sur\-iving. •,• Mr. Coker says th.at Thomas Eussel, for his heir general, besides his two sisters, left John Hacket, his aunt's son, of the whole blood, and Margaret, wife of John Kemys, and Isabel, wife of Stephen Heytfleld, Ms half sisters ; and for his heir male Sir Theobald Goro-es, "randchild of his great uncle Theobald Russel. It is evident from the Book of Heus that Sir Theobald Gorges, 10 Hen. VI., claimed to be cousin and heir of Thomas Russel, viz. Son of Maurice, Son of Ralph, son of Theobold, father of Thomas, father of Sir Theobald ; but this claim does not seem to have been allowed, as the heirs of Thomas possessed his estate. * Dug. Bar. Vol. I. p. 109-10. t Dug. Lists of Sum. p. 6& 15. t Clau. Rot. 22 Edw. I. In Dorso. m. 8. BARONES PRETERMISSI. 127 RYE.— (22 Edw. I.) Of this family it cannot be said that Dugdale has made no mention, for Jie has cer- tainly included their name among those of the greatest houses noticed by him in his Baronage :* but he has nevertheless observed, that none of the name ever had summons to parharaent, while the evidence of his own Lists of Summons contradictst his assertion. Tlius, William de Rye, 22 Edw. I., had summons to attend that parliament which was to be holden wheresoever the king should be,J but for the assembling whereof, no place was appointed by the writ. The meeting might never take place ; but as the name of William de Rye was included with the nobles and great men then noticed, it was as much entitled to honorary mention as that of several others who have insertion in his Peerage History. Of this William, the pages of Dugdale, as before obser\'ed, are totally silent, so that it cannot be collected, whether he was of the same stock as the one noticed by him. Pre^^ous to this time a Wilham de Rye had a charter§ for free-warren at his manor of Rye, in the county § Char. Rot. of Sussex. Tliis place being one of the members of the Cinque Ports, the lord might be m. 6. ' called to parUament in that capacit}'^,|| a circumstance which leads to the idea, that the || Vide person summoned the 22 Edw. I., was son of this William, who might have his descent 33 Ed^^f ' from Adam, a younger son of the famous Hubert de Rie, or Rye, to which Adam, the "• ^^- '"'• . . ■ Barones de Conqueror gave^ large possessions m Kent. la Rye. Cotemj^orary with this Wilham, was Ranxdph de Rye, which y^j ^' ^9 Ranulph, 24 Edw. I.,** was one of those who then had summons to attend a great ** Dug. Lists council at Newcastle-upon-TjTie, with horse and arms, to march against the Scots. In '™' 9 Edw. I. hett had a hceiise for free-warren at Surflett, Quadring, Donington, Iwardby, tf Cha. Rot. and Housthorp ; as also for a market and fair at Gosberkerk, in Lincolnshire. From the „ i;^' ' description of these lands, it would intimate that he was the son, or at least succesor to that Robert de Rj'e, who held Surflett, Quadring, Donyngton, &c., of the bishoij of Lin- coln, by the senuce of two knights' fees; whereof the particulars are set forth in the Testa de Nevill.ti tt Testa de John de Rye, after the death of Ranulph, had the manor of Gosberkerk ;§§ and after p. 415. him 5^ ^'^•=''- "'"'' 9 Edw. in. Nicholas de Rye held the same, together with Surflett, Pincebeck, Quadring, AVyhum, n- 27. and Donjmgton ; for all which places he had a grant,|| || or rather a confirmation of those |||| Char. Rot. privileges which had before him been given to his predecessor Ranulph. His wife's ^ j- name was Juliana, as it is set forth in the exemplification of a certain judgment had against them in assize,^1f by the abbey of Burgh St. Peter, for one hundred and forty nn Rot. Pat. acres of Marsh, within the manor of Gosberkerk, &c. m 2.*^^' ^^'' 128 BARONES PRETERMISSI. SAMPSON.— (26 Edw. I.) William Sampson, 26 Edw. I., was one of those who, in the writ, are denominated * Dug. Lists barons,* and had then summons to attend with horse and arms a great council, appointed to meet at Carlisle. From which period to 33 Edw. I., inclusive, he had the like sum- t il"l" J mons among the barons of the realm.f Accordins; to the Testa de Ne\-ill,J he held J lesta de ~ ^ ^ Nevill, Vol. I. lands at Epereston and Wvideburgh, which his ancestors had holden by the service of Notts, and one knight's fee of the barony of Odinyhes,^ de veteri feolFamento ; for which manor of f Chk Rot Epereston he obtained a Hcense of free -warren, 24 Edw. I.§ 24 Edw. 1. John Sampson was cotemporary with William, and 24 Edw. I. had summons|| of li Dug. Lists service to attend at Newcastle-upon-Tyne, with horse and arms, to march against the Scots. S^r?!"™;, . ,o This John had his seat at Tonehouse, in Yorkshire, where, 33 Edw. I.,1[ he had a H CliarRot. 33 ' ' ' Edw. I. n. 28. license for free-warren in his demesne lands. But though these two persons seem to have been of some consideration, by reason of their possessions, and the former especially, by virtue of his reiterated summons to parliament, their names are not recorded as having holden any eminent offices, or as having been otherwise in any way distinguished ; unless it might be, that John Sampson, 28 Edw. I., was constable of Stirling Castle. Elizabeth, sole daughter and heir of John Sampson, of Breason, in Derbyshire, and sole granddaughter and heir of John Sampson, of Newby, in Yorkshire, married Sir ** Collins's Thomas Parkyns, of Bunny, in Nottinghainshire.** "■ ° ■ ■ Of this name was Richard Sampson, bishop of Lichfield and Coventry, about 1543, who was likewise Lord President of Wales. There was also a family of this name at Playford, in Suffolk, whereof Robert Samp- son, by marriage with Elizabeth, daughter and heir of Thomas, son of Robert de Swil- tt History of Ungton, became possessed of a very considerable estate in the county of Norfolk ; ft and Norfolk, Vol. j^ 1^ likewise lands in Derbvshire,tt and several other counties. Vll. p. 35. " ^^ London. tX Bloi-e's WMefd.^""''' SANDALE.— (33 Edw. L) l§ Hearne's William dc SandviU, Sanderville, or Sandal, in 12 Hen. IL, held §§ four knights' ^*' ^gf' ^°^' fees under Alexander Fitz-Gerald, of the honour of Skipton, in Craven. After whom, a This means Odingseles, which family by the co-heir of Limesi, became seised of a moiety of that barony, of which the Testa de Nevill elsewhere (Testa de Nevill, vol. L p. 87 and 92), thus says : " Thorn. Sampson, p. iii. feed.' & di' in Eperiston & in Wodeburgh cu' p'tin vii Marc," — De Feodo Lymesie. By which it is evident, that, on the assessment of aid for the marriage of the king's sister to the emperor, Thomas Sampson paid seven marks for his relief of the three and a half knights' fees, which he held in Eperiston and Wodeburgh, of the barony of Limesi. — Vide Sampson of Eperston, Notts., 5 Edw. 11. — Thoroton, v. ii., p. 3. BARONES PRETERMISSI. 129 John de Sandalc," 8 Edw. II., had summons among the earls and harbns of the realm to that parliament which was convened to meet at York.* But it is to be observed, * Dug. Lists that, in this writ, the judges and king's counsel are intermixed t with the said earls and ^ ibij.' peers of parliament ; so that the summons has never been considered creative of a Ija- ronial honour descendable to the heirs of the person so sunmioned. This person obtained great eminence and preferment in the reigns of Edward I. and II. He was chamberlain of Scotland the 33 Edw. I.,J in which year, by that descrip- | Rot. Pat. tion, he had summons personally to attend the parliament at Westminster. He was also ginaiia33Edw. constituted Chancellor of the Exchequer the 1 Edw. II. ; § treasurer to the king, 3 s'^JJ^'paf'^i' Edw. II. ; li and, in the 8th of the same reign,1[ chancellor of the Kingdom. Edw. II. m.4. In the 7 Edw. II. he had a license for free-warren, with wreck of the sea and other u. m. 2. liberties,** at his manor of Great Cotes, in Lincolnshire ; having the year before,tt in jt g Z consideration of one hundred marks, had a grant of a certain messuage with the appur- ** Cha. Kot. tenances, at Thornbriggegate, in the suburb of the city of Lincoln, to hold to himself and so. his heirs. Moreover, he had in 4 Edw. II. Jf a patent to embattle his mansion-house at g ej"^!! *' Wheatele, in the county of York. I^o'- l'-' Line .... .... Jt Rot. Pat. 4 This distinguished lawyer, statesman, and ecclesiastic, who is said to have been, first, Edw. II. m. canon of York, and afterwards bishop of Winchester,§§ died about 13 Edw. II.,|||| for in si'chr Jur. that year the king's escheator had command to take into his handsll^ the lands whereof H'l, ^^^^ ^*, . . , . Edw. II. n. 4. the said John de Sandale had been seised at the time of his death. This John de San- f i[ Original, dale, the 1 of Edw. II., had summons among the king's justices and others to attend Rot. 3 iilt. the coronation of that monarch. fVide Coronation Roll.) Trent. SAUNFORD OR SANFORD. Tliis is the name of a family, whereof, in verj' early times, there were several emi- nent persons ; though how, or if at all, related to each other, does not appear. Henry Sanford was archdeacon of Canterburj', and in 1227*t (H Hen. III.) was *t Matt. Par. elected bishop of Rochester, which see he enjoyed till about 1235, when he deceased* J *+ ibid. p. the sixth of the calends of March. ^*^- '• '^^• Nicholas Sandford'^ was a person, according to Matthew Paris,*§ not so memorable *§ ibid. p. for his wealth, as famous for his valour. He flourished in the reign of Hen. III. and died '^^' '■ ^^' ^' the 13th of the calends of February, anno 1252 ; his death being caused, as it is said, by grief for the loss of his sister Cecilia — the most celebrated beauty of her day. " The name of a manor in the county of York. '' A Nicholas Sanford, in the time of Hen. III., held one knight's fee of Richard, earl of Cornwall, at Aston- Sanford, county of Bucks. — Lib. Feed. Vol. 2. p. 172. S 130 BARONES PRETERMISSI. But the most eminent branch of this name was — * Lib. Hub. John de Sanford, who, in the time of king John,* held the manors of Hormade, Wolmerston, Fingreth, Ginges, and Nuthamstede, by serjeanty of service in the queen's chamber ; by which service, V i^TT ^^'9^^ Gilbert de Sandford held the said manor of Hormade, caUedf Magna Hormade, Ess. and Hert with Fingrie, Ginges, and part of WuKelmeston," in the time of Henry III., about the t Originalia, 34th of whose reign he deceased ; for then J Fulk, bishop of London, for a fine of one Rot. 3. Essex, thousand marks, obtained the custody of the lands and marriage of the heirs of the said Gilbert de Samford, From this description of heirs, it is to be inferred that he had § Dug. Bar. more than one daughter, though only one is mentioned by Dugdale,§ and other authori- Vol. I., R. (.jgg_ rpj^jg daughter ; viz. Brooke, &c. ^ ' Alice de Samford, married Robert de Vere, earl of Oxford, and by virtue of her in- heritance, carried the office of chamberlain to the queen into the Vere family, which be- fore was the king's hereditary great chamberlain.*" From thus obtaining the Samford estate, the subsequent Veres, earls of Oxford, added the title of Samford to their baronial honours ; but with what degree of propriety, is somewhat questionable. There is no record to demonstrate that the Samfords were ever summoned to parliament as barons, or that they held their lands in capite of the crown, 7Jer haroniam ; and the mere serjeanty of the bedchamber is no proof that the manors to which that serjeanty was attached, were ever erected into an hereditary ba- ronial dignity : and, indeed, Dugdale's total silence of the Samford family, in his Baron- age, adds considerable weight to the argument, that the said family were never peers of the realm. But, though this principal branch of the Samford family terminated in female issue, there was another line, whereof 11 Dug. Lists Thomas Saunford was one of those who, 24 Edw. I., had summons |1 to attend at of Sum. Newcastle-upon-Tyne, well furnished with horse and arms, for an expedition into Scot- land, and to obey such orders and directions, as by the great council, which was com- manded there to assemble, might be ordained; but, on this occasion, he is not mentioned 1[ Esch. 27 in the capacity of a baron. He probably is the same who died 27 Edw. I.,^ leaving Jf^A^-'"'?'' Alda, his sister and heir,** to his lands in the counties of Chester and Devon. ** Originalia, ' ' 27 Edw. I. » Wulfelmeston est de s'jantia p'tinet ad Thalam' Regine & val' xl^ & earn tenet Cecilia de Saunford de dote — Lib. Fad. Vol. JI. p. 247. '' This high office passed from the Veres earls of Oxford, to the family of Bertie, created earl of Lindsey, and afterwards advanced to the title of duke of Ancaster ; and upon the death of the last duke, s.p., to his sisters and co- heirs ; the youngest whereof, married tlie then earl of Cholmondeley ; and the eldest. Sir Peter BurreU, subsequently created lordGwydir, by wliose son the present lord Willougby de Eresby, jurematris, and Lord Gwydir, jurepatria, the office is now exercised. BARONES PRETERMISSI. 131 As before observed, the connection of the several Saraford, or Sanford, names with each other, is not established, nor their original descent ascertained." Jordan de Sandford, 12 Hen. II., upon the assessment of aid for marriage of Maud, the kind's daughter, was certified** by the abljot of Abendon (Abingdon), to hold four *}^^"J'^'^ . ° .^ , Liu. INlg. V. I. knights' fees de veteri feoffamento; when, also, Galfridus de Sam/ord was certified to p. isi. Berks, perform, along with eight others, the service of one and a-half knights' fee, holdcn of the ^ same abbey. This Jordan was perhaps the more immediate ancestor to Gilbert de Sam- ford, of Hormade; and the same person also, who, in the said 12 Hen. II., heldt one f Ibid. p. 249; knight's fee, of the bishop of Ely, in Cambridgeshire. A Thomas de Samford was tenant to the abbey of Abendon for one knight's fee, and as such, may be considered to be of Jordan's family. This knight's fee, in the time of Henry III., was holdenj in dower by Alicia de Samford, as of the inheritance of the + Lib. Feed. , Vol. II. p 531. said Thomas, at Chilton and Pubbeworth ; at which period, Berks. John de Samford held in Samford, the sixth part of a knight's fee of the barony of the said abbey of Abendon. SANFORD OF HORMEDE. John Sanford.^^ Gilbert, Chamberlain to -pLora Nicholas held Aston San- Sir William de Gor — i-Cecilia, Governess to Eleanor, Queen Eleanor, ob. 1250. I .. . ford,ao. 1234, ob.ao. 1252. ham, ob. circ. 1230. I sister to K. Hen. III. ob. 1251. Alicia daughter and^Robert de Vere, 3rd Sir WiUiam de Gorham, of a very ancient heir, ob. 1312. | Earl of Oxon. family whose descendants long continued. 1 Alphonsus de Vere, Earl of Oxon. SAUNZAVER.— (45 Hen. III., and 22 Edw. I.) Ralph Saunzaver,'' or Sanzavier, 1 2 Hen. II., upon the assessment of aid for marri- age of the king's daughter, certified§ that he held one knight's fee of the king in capite, § Heame's in the county of Devon ; after whom another j ' " is'q. oev." " According to Hutchins, in his History of Dorsetshire, (vol. i. p. 509), there was an eminent family named Samford, at Melbury, in that county ; whereof John Samford, lord of Melbury Samford, had issue Laurence, whose daughter and heir Alda, or Ada, married Sir Walter Foliot, of Melbury-Osmund ; whose daughter and heir Alice, married John Maltravers, junior. But Hutchins states further, that Dr. Guidot cites a record, which says, that Laurence Samford left a daughter Joan, who married Maltravers ; and that the said Laurence Samford was kinsman to Alda, sister and heir to Thomas de Samford, above mentioned; which Alda died ciic. 4 Edw. III. — Esch. n. 6 Cestr. But there is reason to consider that Hutchins, as well as Dr. Guidot, are both wrong. Mr. Pitts'sMSS. give another statement ; so that these different accounts involve so much contradiction as to render accuracy difficult to be ascer- tained. This family not being of baronial rank, it is not necessary to argue the controversy. '' This family is recorded to have been of very early note, inasmuch as Matthew Paris, (p. 20 and 21) recites, that Walter Sensavior was one of the first Crusaders, anno 1096, but afterwards miserably perished in that expedition of holy infatuation. 132 BARONES PRETERMISSI. * Cha. Rot.40 Heii. Ill.m.l. t Claus. 45 Hen. III. m. 3. Dors. + HoUinsh. V. II. p. 454, new edition. § Esch. 12 Edw. l.n. 18. II CoUinson's •Somerset. Vo. III. p. 467. U Clau. Rot. 22 Edw. I. in Dorso. m. 8. ** Esch. 8 Edw. II. n.52. Original. Rot. 7. Ralph Saunzaver had a license* for free-warren at his manor of Spartegrave, in Somersetshire, and at Biggeneure, with the hamlet of Rogate, in Sussex. This Ralph is probably the same who, in 45 Hen. III., had summonst to attend the parliament con- vened to meet at London in that year ; but to which, according to HoUinshead,t the barons refused to attend. When he died there is no mention ; but Hugh Saunzaver, 12 Edw. I., appears to have died§ possessed of the estates at Spartegrave, Biggenoure, and Rogate, before mentioned ; to whom succeeded Ralph Saunzaver, his son, according to Collinson,!] who settled a great dispute res- pecting certain lands appertaining to his manor of Saunzaver, in Somersetshire, with the abbot of Glastonbury. This Ralph, though unnoticed by Dugdale in his History of the Nobility, is mentioned by him in his Lists of Summons to parliament, where his name is among those who, in the character of barons, were summoned the 22 Edw. L, to attend the king to advise on the affairs of the realm, though no place of meeting was appointed in the writ.l He died the 8 Edw. IL, l^eing then seised with Christian his wife** of Bigge- nore, in Sussex ; Gratisden, in Huntingdonshire ; and Croxton, in the county of Cam- bridge. He had issue another Ralph Saunzaver, but he never was noticed in the same baronial capacity as his father. tt Cha. Rot. 9 Joh. m. 7. tt Ibid. 11 Hen. III.m.9. §§ Esch. n. 3. II II Originalia, 24 Edw. 1. Rot. 10. tH Esch. n.22 *t Esch.n. 16. *t Harl. MS. 294, p. 58. *§ Clau. Rot. n Dorso. m. 35 SPIGURNEL.— (8 Edw. IL) Godfrey Spigurnell, in the 9th of king John, had a grantft to himself and his heirs, of lands at Sckeggebye, in the county of Nottingham ; whereof a Geffery Spigurnell was afterwards possessed, J J from whom it may be presumed that the said manor of Sckeggebye descended to Edward, or Edmund Spigurnel, who, 24 Edw. !.,§§ was found to have died seised thereof, as also of the manor of Standon, in Essex ; of both of which, John Spigurnel, as brother and heir, had livery in the same year.l||| He died 2 Edw, IL,1f^ and was succeeded by his son, another Edmund Spigurnel, who did not survive long, deceasing the 8 Edw. II.,*t seised of the manors of Skeggebye and Standon. He had issue John, his son and heir, who had issue a daughter Joane, his*t heir. Henry Spigurnel, brother to the last Edmund, in the reign of Edw. I. and II., was one of the justices of the King's Bench, and on divers occasions, in such capacity, had summons to parliament f but in the 8 Edw. IL,*§ his name was included in the same " In the capacity of one of the king's justices, his name is included among those summoned to the coronation of Edw. the II. The name of Spigurnel is said to have been taken from the Serjeanty, or office of Spigurnel, supposed by Madox to he that of Sealer of the Icing's writs. BARONES PRETERMISSI. 133 writ, cum cmteris magnatibus et proceribus, whereby tlie earls and barons were summoned to a parliament to be holden at York, on the morrow of the Nativity of the Virgin Mary. It may be observed, that altliough some of the justices were intermixed with tiie earls and parliamentary barons, yet the whole of the judges and king's counsel, usually sum- moned as such, are not included in this writ ; so that it may remain a question, wlicther those judges whose names are mentioned, were not intended to be advanced to tlie degree of barons. This Henry deceased 2 Edw. III., being possessed of a very considerable estate in several counties,* leaving Thomas his son and heir, who the same year had liveryt of * Esch. 2 his father's lands. ^ Original 2 ' Morant, in his History of Essex, J gives the Spigumel arms, Quarterly G. and O. ; f^i ^',40 in the second and third quarters, a Fess of the first. Of this name was Ralph Spigui'nel, admiral of the North and West coast, 38 Edw. TTT s;a § Otlio E ix ■^ Bib. Cott. STAFFORD.— (35 Edw. III.) At the great council which was convened to assemble at Westminster, in 35 Edw. HI., to take into consideration the affairs of Ireland, and at ■which the heirs of Camville, holding lands in that kingdom, were especially required to attend. James de Stafford was one of those who were thenjl summoned. With regard to n Dug. Lists this James, no mention is made of him by Dugdale in his account of the Stafford family, although he has therein1[ noticed, that Richard a younger son of Edmund, lord Stafford, ^ibid. Baron, married the heiress of Camville, of Clifton ; which Richard appears** likewise to have *^d'^' l^sis been summoned at the same time. of S"™- STAUNTON.— (8 Edw. II). Henry,'' or Hervey de Staunton, 34 Edw. I., was madett one of the justices of the .|.+ Rot. Pat. Common Pleas ; in which situation he was confirmedJJ on the accession of Edward II., ^1 ^'^"- ^" "• and had summons to attend at his coronation. In the 10th of the same reign he was ap- XX Ibid. l. pointed§§ chancellor of the Exchequer, and afterwards 1| || chief justice of the Com- 21. mon Pleas and King's Bench.lfH"^ He had summons to divers parliaments, as one of tlie t^^'^'i'; ^^ . . Edw. Ii. m. king's justices ; but in 8 & 9 Edw. II., in those parliaments which were convened to 35. nil Ibid. 17 " At the famous tournament at Dunstable, the 7 Edw. II., there was among the tilters a Sir Ralph Spigumel, r^^i'i j' "a " who bore for arms : "A:, one trois Barres, or ; uu. molet, Arg. en le chief." Edw. II. m. 29. "> In the record appointing him a justice, he is named Henry, and not Harvey. " In the Patent Rolls, he is written Henricus de Staunton ; in Dugdale's Lists of Summons, and the Chroruca Juridicialia, Hervicus de Staunton. 134 BARONES PRETERMISSI. * Dug. Lists of Sum. t Ibid. 9, 11, 12, 13, & 14 Edw. II. : Ibid. 9 Edw. II. meet at York and Lincoln, he had summons* among the barons of the realm ; for, in the said writs, the justices and the nobles were intermixed. It should also be observed that in several of the following parliaments, in some of the succeeding years, the peers, and the king's justices and counsel, were summonedt by the same writ. But it is wor- thy of notice, that, in the summons of 9 Edw. II., the name of Hervey de Staunton is twice mentioned ;J viz. first among the barons, and, afterwards, among the king^s justices. The family of Staunton was of great antiquity and respectability in Nottinghamshire ; of which, Thoroton, in his history of that county, observes, " There is a certain kind of rhyming bard-hke pedegree of this family made by one Robert Cade, (who did the like for the family of Skeffington, and 'tis like for some others;) in this, he hath transcribed the epitaphs out of this church, and therefore, it may not be much amiss to insert so much of it as brings the descent down to this eminent judge, who died without issue." In this pedigree it is to be observed, that he is named Henry and not Harvey. THE Staunton's petygrewe. O champion cheefe, and warlike wight, Of Staunton's stocke the pryme, The and thy sequela I must blase, And petygrewe define. Unto which forte with force and flagge The Stauntons stocke must sticke. For to defende against the foe, Which at the same could kicke. Though Haroldes they in noble sorte, Thy arms not pende in vaine, Yet somethinge wants that here is writte, As barks, and toumbes shewe plain. His lodgeinge large in that turrette At all times for his ease. He may command both night and day. And no man to displease. The first Sir Mauger Staimton, knight. Before Wylliam came in, Who this realine into one monarche Did conquer it, and win : And therefore Staunton's manor nowe, Whiche in Staunton doth stande. Of Belveor castle is now helde By tenure of the lande. At which sometime this Mauger knight Thrughe feats of arms and sheeld, In marcyall prowess so valeant was, That then he wanne the feelde. This Staunton knight got sure to wife One Emme of worthy fame, Also a son that knighted was, Which Mauger had to name. In Belveor castle was his houlde That Stauntons towr is higte. The strongest forte in all that front. And biest to aU mens sighte : Which last Sir Mauger took to wife Beatrix both sage and wise, As valeant as his father was In every enterprise : BARONES PBETERMISSI. 136 Whiche lady Beatrbt, daughter was To him that then was lord Of Belveor castle, (in the vale), As tombes and arms accorde : And in tlie same went forward still, And profited much, I know, At ynnes of courte a counsailer And Serjeant in the lawe : Whiche two Sir Knights cross-legged lieth In male and armoure fine, Theire superscriptions worne away, Hieire deathes are without time ; And in processe of time indeed A judge he came to bee In the common benche at Westminster, Such was his high degree : Yet warlike wightes with helmes on heades In Staunton's cliurch doth lie. Their soules, no doubt for nobler actes Ascend the skies on hie. A baron wise, and of great wealthe. Who built for scholers gaine Saint Michaels house, in Cambridge towne. Good leaminge to attaine : Before his death this last knight got Two sons, W^illiam and John, And also with man-hood and strengthe The barre pasture he won. Which deed was done in the eighteenth yeare Of Second Edwarde king. One thousand three hundred twenty-foure, From whom they pray and singe : The Belveor lorde said it belong'd To Northampton trulie. But this knight seasde did die thereof As his demesne in fee. In which said house the Stauntons may. Send Students to be placed, The founder hath confirmed the same. It cannot be defaced. Sir William Staunton, knight, was next. Dame Atb'in was his wife. Sir Geofirey Staunton, knight, their heire, Both voide of vice and strife. This lord baron no yssue had, We cannot remember his wife, Nor where his body tombed was, When death did cut off life. And Sir Henrie his brother was, Who gave himself to leame, That when he came unto man's estate. He could the lawes discerne : Sir William the father is tombed sure In Stauntons church of olde. And hath engraved upon his stone, Verbatim to behoulde : — • HIC JACET WIlLIELMtrS DE STAUKION, MILES, ET FILIUS MAUGEEI DE EADEM, MILITIS, QUI OBIIT ULTIMO MAII ; CI7JI7S ANISIC PROPITIETUK DEUS, AMEN." N.B. — Vide Rot. Pari. 14 Edw. III. Vol. II. p. 123. — A great contention between Geffery, son of William, son of William, son of Geffery Staunton, and Alioe, his wife, and John de Staunton of Eyleston, and Amy, his wife for certain lands in Eyleston. 136 BARONES PRETERMISSI. STEYNGREVE.— ( 22 Edw. I.) This is the name of a manor in the county of York, as also of an ancient family/ * Testa de whereof,* Nevil, Vol. II. p.' 644, Simon de Steyngreve held two knights' fees, and a fourth jiart of the barony of ■ Hugh Paynel : at which time also, t Ibid. Henry de Steyngreve'' held t the eighth part of a knight's fee of the same barony ; I Char. Rot. and 41 Hen. III. f had a grant of free-warren at his manor of Steyngreve, or Staingrove ; 41 Hen. Ill.n. , , . . , . , . 2. but the principal person oi this name was § Dug. Bar. Jolm de Steyngreve, who married Ida,§ one of the daughters of Ela de Beauchamp, ° ■ ■ P' ^*' v,n(e of Baldwin Wake ; which Ela, with her sisters Maud and Beatrix, were the daugh- ters of WiUiam de Beauchamp, of Bedford, and the co-heirs to that barony. By virtue of this marriage, the said John de Steyngreve came to participate in the Beauchamp inheritance, and becoming thus seised of certain lands holden in capite of the crown, as parcel of that honour, had summons, among the barons of the realm, the 22 Edw. I., to II Dug. Lists that parliament || which was then convocated, but for which no place was mentioned in m Es"™. 23 *^^ ^"'^^ ^°^ i*^ meeting. But this John deceased in the following year,^ or about that Edw. I. n. 54. period: for the king's escheatorhad then command** to take into his hands the lands **Origmal .23 ' . . , Edw. I. Rot.5 whereof the said John had died seised; and shortly after,tt the king took the homage Bedford." ^^ Simon dc Patshul, of the county of Bedford, who had married Isabel, the daughter ++, ^^1^- ~* and heir of the same John de Steyngreve ; which Simon died shortly after,tt and the Edw. I. n. 66. _ .? & » .7 '+ + §§ Esch 18. said Isabel afterwards married Walter de Teye,§§ who in her right, as it would seem, had ^' '"■ ' ■ summons to parliament from 27 Edw. I. to the 1 of Edw. II., both inclusive ; and 29 Edw. I.'' was denominated " Walterus de Teye, Dominus de Stangreve." Tliough the baronial line of this family thus terminated in an heir-female, the male branch, or, at least the name, continued some time longer ; whereof, nil Ibid. 14 Robert de Steyngrave, 14 Edw. II.,|||| had committed to his custody the castle and 9_ '^^ ■ " ■ honour of Tunbridge, with the manors of Eldyng and Rotherfield, in the county of Sussex, and of Bletchingfield and Okham, in Surrey. Also, Adam de Steingreene was one of the barons of the Exchequer, in the reign of n Rot. Pat. Edward IILHl 6 Edw. III. m. 18. p. 2. a Robert de Stainegrme, 12 Hen. II. held half a knight's fee of R. de Gant ; and a William de Stainegrave, the sixth part of a knight's fee of Everard de Ros. — Heame's Lib. Nig. Scacc. Vol. I. p. 325. Bbor. *" Alice de Nova Haia, daughter of Henry de Staingrave, for the good of the souls of Henry and Thera, her father and mother, and of William and Bernard, her brothers, was a benefactress to the abbey of Dra,x, in Yorkshire founded by William Paynel. — (Burton's Monasticon, p. 106). Henry, son of Alice de Staingrave was also a bene- factor to the same abbey. — Ibid. » This was Upon the occasion when, in the parliament at Lincoln, the said Walter de Teye was one of those barons who subscribed with their hands and seals the memorable letter addressed to the Pope, asserting the supremacy of Edward I. over the realm of Scotland. BARONES PRETERMISSI. 137 The Barony of Beauchamp of Bletshoe, including the Descent of the more ancient Baronies of Steyngreve, Patshull, and Grandison. STEYNGRE\'E and PATSHUL of BLETSHOE. John de Steyngreve, summoned to parlia-^Ida, dau. and coh. to Baldwin Wake, by Ela, sister and coh. to Simon, ment 22 Edw. I. Obiit circ. 23 Edw. I. I William, and John de Beauchamp, barons of Bedford, who died s. p. GRANDISON and TREGOZ. 1 Simon=j=IsabelladeSteyn=2 Walter Wm.deGrandison,sum.toparl.from^Sibilla, dau.andcoh. to JohndeTregoz, Pats- greve, daughter de the 27 Edw. I. to the 19 Edw. II. who was sum. to pari. 25 & 27 Edw. I. hull. | and sole heir. Tyes. Peter, sum. to pari. 11,12, & 23 Edw. III. ob. s. p. Esck. 32 Edw. III. n. 32. John, bishop of Ex- eter, bro. & heir to Peter.— Or(y(«, 32 Edw. III. Rot. 5. ob. circ. 43 Edw. III., Esch. n. 47. Otto.— Esch. 33 Edw. Ill, n.41.He mar- ried Beatrix de Malmains, & had issue. Catharine, mar- ried Wm. Mon- tacute, earl of Salisbury, and had issue. Agnes, married John de North- wode, & had issue. Mabel.T=John de PatshuU, sum. to pari. 16 Edw. III. Thomas de Grandison, who had livery of his lands 33 Edw. III. — Originalia, Rot. 4. ob. circ. 49 Edw. III. Esch. n. 62 WiUiam Pats- hull, ob. s. p. Circ. 34 Edw. III. Sibyl, ■ eldest dau. & coh. =Roger de Beau- champ, sum. to par. from 3 7 Ed. III. to 3 Ric. II. — r~r~i Alice— Thomas Wake. Mabel=Walter Fauconberg. Catherine=Bobt de Tudenham. Roger de Beauchamp. ^Johanna, daughter of William Clopton. Roger de Beauchamp, son of Roger, sou of SibiUa, eldest daughter of Mabel, sister to^. Otto, father of Thomas de Grandison.— I-'irfe Origin. 50 Edw. III. : Rot. 2, 3, aiid 6. John de Beauchamp. Slargaret, wife of Oliver St. John. John, ob. s. p. STOWEY.— (24 Edw. I. Galfridus (or Geffer)-) de Stowey, 24 Edw. I., was one of those who had summons to attend the great council at Newcastle-upon-T)Tie, well furnished with horse and arms. This Galfridus (or GefFery) de Stowey, is stated by Collins* and Edmondsonf to have been the progenitor of the Stawell family, which afterwards were created barons of the realm, by patent in 1683 (34 Cha. II.), but whose honour is now extinct in the male line. He is set downf as son and heir of Matthew, eldest son and heir of Adam de Stowey, (or Stawell), who, in the reign of Henry III., held§ one knight's fee in the county of Somerset; as also lands in Norfolk ;|| and one hide of land in Waleton,^ in Berkshire, by the serjeanty of keeping the king's door, which land was of the value of fifty shillings. The said GefFery de Stowey (or Stawell), married Joan, daughter and at length heir of John de Columbers, a baron of considerable eminence, of whose family Dugdale has made mention ; and of whom mention also is made in the preceding volume of this work. T * Edit. 1768. t Baronag. Genealog. % Ibid. § Lib, Feed. Vol. I. p. 708. II Ibid. Vol. II. p. 342. U Ibid. Vol. 1. p. 480. 138 BARONES PRETEBMISSI. SULEY.— (26 Edw. I.) * Dug. Lists Jq]^jj jjg Suley, (so written) is noticed by Dugdale,* as one of those persons denom- ofSum. p. 21. "^ "^ ■ n T 1 A inated barons, who 26 Edw. I. had summons to attend eqiiis et armis, at Carhsle. As also in the 28th, to attend a parliament at London and at Lincoln. Moreover, 29 Edw. L, he was one of those great men who, in the said parliament at Lincoln, subscribed that memoralile letter, sent by the nobility of England to the Pope, asserting the king's supremacy over the realm of Scotland : on which occasion his name is thus written : t Ibid. Johannes Dominus de Sulle.f * Xbid. By the name of John de Suley, he is also recited in the several parliamentsj of the 30 and 32 Edw. L ; but, in the writ of the 33rd of the same reign, the name is written, John de Sudley. This circumstance leads to a presumption, that the person so summoned was John de Sudley, lord of Sudley Castle, in the county of Gloucester ; and that the Tju B previous statement was a misnoma. Indeed, Dugdale, in his account§ of the Sudley Vol. I. p. 429. family, states that the said John had summons to Carhsle, in 26 Edw. I.,* but makes no mention that he was one of those who was in the parliament of Lincoln, the 29 Edw. L, on the occasion before mentioned, as there appears to have been two families ; viz. Sully and Sudley, cotemporary mth each other, the mistake of one for the other might easily occur, though it leaves the point rather uncertain, as to which was the identical one meant at the several periods referred to.*" Dugdale having omitted the family of Sully, in his Baronage, it may not be here irrelevant to observe, that the name of Reginald de Sully occurs as one of those famous persons who assisted Robert Fitz- n Ibid. p. 406. Hamon in his conquest of Glamorganshire, and, for his services, was rewarded|| with the castle and manor of Sully. After him, U Mag. Brit. John de Sully is noticed1[ as a man very renowned in the Holy Land against the p. 488, Devon, g^j^cens, where he remained several years, but at length received many wounds, and returned to England, where he died, at his seat of Iddesley, in the county of Devon, and was interred at Crediton, under a tomb erected to his memory, with his figure in full proportion, cross-legged. ** Lib Fffid Reymund de Su%, in the time of Henry HI.,** upon the collection of the aid for Voi.ii.p.84i. the marriage of the king's sister to the emperor of Germany, was assessed eleven marks and eight shillings, for those five knights' fees, and certain aliquot parts which he held of the barony of Torrington, which had come to his jiossession by marriage with one of the five co-heirs of Matthew Fitz-Robert, baron of Torrington, in the county of Devon afore- said. To this Raymond succeeded •1 In this writ the name is Suley, and not Sudley. b Had it been John de Sudley summoned to the parliament at Lincoln, he would most probably have been designated in the letter to the pope Dominus de Sudley: whereas the name stands Johannes Dominus de Sulle, as if it was personal. BARONES PRETERMISSI. 139 Walter de Sully, who the 26 Hen. III.* had livery of those lands whereof the said * Originaiia, ■" •' . 20 Hen. III. RejTiuxnd had died sei-sed. This Walter deceased al^out 14 Edw. I., being thent pos- Rot. 4, Devon, sessed of a fifth part of the barony of Torrington before mentioned. Edw! I. n. 1. He, or another Walter, married J Mabel, one of the four daughters and co-heirs of |.j°"f°j]j * Roger de Somery, by Nicholaa his wife, one of the sisters and co-heirs to Hugh, the last 2 and 18. Albini, earl of Arundel ; and by the said Mabel, who deceased 5 Edw. n.,§ had issue § Ibid.sEdw. two daugiiters, Sibilla and Nicholaa ; as also a son, Egpl^ q' 12' Raymund de SuUy, who died about 10 Edw. II.,|| being then seisedf of his mother's i .^'""Ij^^ inheritance at Barewe and elsewhere, in the county of Leicester. Tlie name of his wife 10, Leyc. is not expressed, but he is stated to have had a daughter Elizabeth, who died with- out issue.** ** Glover's Besides the persons before mentioned, there was another of considerable note ; viz. jvis.^L Coii. Henry, stjded Dominies de Sidle, who, in the reign of Edward II., was appointedft f"^"^' governor of the islands of Guernsey, Jersey, Alderney, and Sarke; and, in the 18th of 16 Edw. II. m. 5, par. 2 :: Ibid. 18 E dw.II.m.35. the same reign, was constituted JJ the king's embassador to France and other countries. '•+ jbi^. ig' SUTTON, OF HoLDERNESS.— (18 Edw. II.) This name is mentioned in Dugdale's index to his Summonses to Parliament, but no account of the family is given, in his Baronage; nor in any hitherto printed peerage history; even Sir Nicolas Harris, has not attempted to illustrate the learned and refined observa- tions in his SjTiopsis, with a guess, as to whence the family was derived. It is, however, certain that the Suttons of Holderness, were a very distinct family from that which acquired the barony of Dudley. Sutton appears to have been a manor in that part of Yorkshire called Holderness ; and was granted by the Albermarles to this family which took its name from the place. Siward de Sutton§§ is the first of whom anything is known. He lived about the sera of the Conquest. Saerus de Sutton lived about the 3rd of Henry II. ; and the 20th Hen. §§ East Rid. II., there was a William de Sutton ; and two brothers, Richard and Robert. e . o . Amandus de Sutton, son and heir of William, the 33 Hen. II., confirmed the grant which Sayer and William gave in Sutton to the abbey of Meaux The same Amandus, at an advanced age, with the consent of Sayer, his son, gave what he had in the west marsh of Sutton, and the land of Eroald hominis sui to the said abbey. ||1| Saher de Sutton, son and heir of Amandus, called Miles, in 1218, granted to his mi ine»nx. brother William, Parson of Sutton, a fishery in Sutton Marsh. Chart. Amandus, son and heir of Saher, became a noviciate in the abbey of Meaux, but died during the time of his noviciate, s. p., in 1237, and was succeeded by his brother Saerus, which 140 BARONES PRETERMISSI. Saerus de Sutton, the 9th Edw. I., is returned by Kirby as holding in Sutton and Ganstead, eleven carucates, where fortj'-eight made a knight's fee. His son and heir, Sayer de Sutton, was found by inquisition dated at Hedon, on the Monday after the feast of the annunciation, (1292), before Sir Thomas Norman ville, escheator, to have left John, his son and heir, aged 21 years ; and Christiana, mother of the said John, to have a third of the rents, &c., in dower; when the jury also found, that Saher de Sutton held of Isabel de Fortibus, lady of Holderness, by knight's service, a capital messuage in Sutton, valued at a mark yearly, in all its outgoings, &c. John, son and heir of the said Sayer, had his marriage granted by Isabel de Fortibus, to William de Hamelton, knight ; but when, or to whom he was married, does not appear. It was this John who was summoned to parliament the 18 Edw. II., as Johannes de Sutton ; and to a great council at Carlisle, the 1 Edw. III. by the same description ; * V.2,p.326. butPoidson asserts,* that in 1327, the 1 Edw. III., John de Sutton, son and heir, was aged twenty at his father's death, so that if this be correct, all the subsequent writs of summons must apply to the said John the son, and not to John the father. He being dead, according to this statement, which seems the better founded, from no other writ being addressed, till the 6th of Edward III., when John the son was twenty-five years old and upwards, which John de Sutton, son and heir of the preceding, had the like summons to parUament, from the 6th to the 17th of Edward the III., inclusive, with the additament of de Holderness. He is stated to have been knighted by Edw. III., in t Frost's 1346,t at the seige of Calais. He died the 30th of Edw. III., s. p., leaving Alicia his Notices p. 99. ^^^ surviving, who died the 37 Edw. III., and Tliomas his brother and heir, eet. 40 and upwards. This Thomas de Sutton never had summons to parliament. He died without issue male before the 12th July, the 2 Hen. IV. In the 1 Ric. II., he by deed of that date settled his castle of Branceholme, and manor of Sutton, on his daughters Constance and Mar- gery, the wives of Peter de Mauley the 6th, and Peter de Mavdey the 7th, and their issue male by tlieir said husbands, not having any issue male himself. He appears to have had another daughter, Agnes, or Anne, who married — first. Sir Ralph Bulmer, of Wilton, in the county of York ; and, secondly — Sir Edward Hastings, knight. The daughter Con- stance, married as above mentioned, Peter de Mauley the 6th, to whom she was second wife, and survived him, having had issue by him an only daughter, Constance, who is said to have married Robert de Hilton, (called son of Matilda)." Constance, widow of Peter de Mauley re-married Sir John Goddard, knight. High Sherifi" of the county of York, anno 1389, and had issue by him a son John, set. 14 the 2nd Hen. IV., and jet. 24, the 3rd of Hen. V. a This intimates that he was son of Matilda, one of the four married daughters and co-heirs of Roger de LasceUs, which Matilda married Robert de Hilton, of Swine. BARONES PRETERMISSI. 141 Margery, the other daughter and co-heir, who married Peter Maxdey the 7th, who was son of Peter, the 6th, by EUzabetli, his first ^\ife, and died before his father, — had issue Peter, the 8tli, the last baron Mauley of his family, who died s.p, ; and two daughters, viz. Constance, who married — first, William Fairfax, of Walton ; and secondly. Sir John Bigot ; and Elizaljeth, who married George Salvain, of North Duffield. The said Mar- gerj', after the death of her husband, Peter de Mauley, the 7th, re-married William, baron de Aldeburgh;* but bad not any issue by him, and died the 15tli of Ilic. II. * vide Aldeburgh. SUTTON, OF Essex.— (34 Edw. III). In Dugdale's list of summons, mention is made of a John de Sutton, summoned to a parliament at Westminster, the 34 Edw. III., with the additament of de Essex to his name. But he never had any other summons, at least by such description, — not any notice, nor account is to be foimd of him, either in the Baronage, or any other printed peerage history, — not even of Mr. Burke,t the paragon of all peerage authors ; and the Plagiarist of Banks's Dormant and Extinct Baronage. * borm.andEi- t Vid. Burke's Dorm. and £i tiuct Peerage. SYWARD.— (26 Edw. I.) Richard Syw^ard,*26 Edw. I., was one of those who thent had summons to attend ^ ^ . . . . . t Dug. List a great council at Carlisle, furnished with horse and arms; on which occasion he is de- of Sum. nominated a baron. § But excepting at this period, and in the following year to the § Cbfii Hot. 2G same place, || the name of Syward is not noticed as of baronial consideration, or in Edw. I. in any of the Usts of summons to parliament, or of the great councils of the nation.'' ii°ibid'° If the name be ^^ewed with reference to the great Sy«'ard,^ the Saxon earl of North- 27 Edw. I. in dorso. umberland, it is of most noble and ancient degree; but the descent from that famous m. 12&14. person is by no means deduced. VoI.'l p.%. William, the son of Siivard, 12 Hen. II., upon the assessment of aid for the marriage of Maud the king's daughter, certified** that he held in his onvn demesne a certain village ^* „ , called Goseford, and half of another called Mileton, in the county of Northumberland, Lib. Nig. by the service of one knighfs fee, de veteri feoffamento. Vol. i. p.333. a Three Vols. 4to., published in 1807-8-9, — before Mr. Burke's time. b Vide Hutchin's Dorset, Vol. I., p. 62. — Syward of Wiuterborn-Cliuston, in the Hund. of Combs. Ditch. « In the Wardrobe account of 28 Edw. I., there is mention made of a Richard Syward, therein termed a Ban- neret, who, from the date, may be concluded to be the same person as named in the aforesaid wiits of summons, and, perhaps the same who married Philippa, one of the three daughters and co-heiresses of Thomas Basset, of Hedendon ; which Philippa had been before married to Henry, earl of Warwick. 1. 53. 142 BARONES PRETERMISSI. * Matt. Par. Subsequent to this sera, Matthew Paris mentions* a Richard Sward, who, in the p. 326. 1.49. . ., TTT t Ibid p. 334. reign of Henry III., was a very martial person, and during that troublesome aera, madef 1. 62. • r- a conspicuous ngure. J Ibid p. 364. In 1236, along with Richard, earl of Cornwall, and many other noble persons, X he S Ibid p. 645. was signed with the cross for an expedition to the Holy Land, after when, he died, § anno 1248 [H Hen. III.) He very probably was father to Richard before mentioned, Ibid p. 329. 26 Edw. I., and to Thomas Sward, who, by Matthew Paris, is represented|| juvenis in militia praclarus But the first progenitor of this family, most likely was the same Richard Siward, who was one of the twelve knights who accompanied Robert Fitz- T Dug. Ear. Hamon in his conquest of Glamorganshire, and was rewarded by himl with the castle ' ''' and lordsliip of Calavan, or Talavan. THORPE.— (2 Edw. II.) This is the name of a very ancient family in the county of Norfolk, so denominated from the manor of Thorpe, in the Hundred of Depwade,* whereof John de Thorpe was lord, as also of Fundenhall, Wrenningham, BunweU, and of divers other manors in the said county. He married Margaret, daughter of Robert, and ** CoHins's sister and at length co-heir** to Bartholomew, lord of Creake and Hilhngton, in Norfolk, P*390^'''' ^^^ of Combes in Suffolk.* ^ The History of Norfolk states, (Vol. II., p. 5, Depwade.) that soon after the Conquest, the manor of Thorpe belonged to one WUliam, sometimes distinguished by the addition of Norwich, where he lived; and that Roger, mentioned in the Testa de Nevill, (Testa de Nevill, Vol. II., p. 212,) was his son, who was succeeded by Robert, therein called Fitz-Roger, who then held seven knights' fees in Thorpe, Massingham, Anmer, and elsewhere of the honour of Bononia, or Boulogne. He was sometimes styled Robert de Massingham, (Hist. co. Norf. ut antea.J as was Hugh his son, who was father of John de Thorpe above mentioned. Arms : Checque, Or. & G. a Fess, in a border Arg. Sir John de Thorpe. Az. three Crescents, Arg. Sir Robert de Thorpe. » On the assessmetit of aid for the marriage of Maud, the king's daughter, 12 Hen. II., (Heame's Lib. Nig. Scacc. Vol.1., p. 283,J'Hugh Bigot, earl of Norfolk, certified that Bartholomew de Crec, (or Creke) held of him eight knights' fees. Parkin in his Topography of Freebridge Hundred and a Half, states, (p. 101.^ that Bartholomew, son of Robert de Creke, married Margery, daughter to Geffery de Anos, lord of Vphall and Netherhall manors, in Nor- folk; and thereby acquired the same, together with the manors of Flixtonand Helmingham in Suffolk, as appears from a pleadmg at Ipswich, in the 24 Hen. III. (Placit. ap Gippew, 24 Hen. III. , Rot. 29^. He had issue Robert de Creke, who died issueless, leaving GefTery his brother and heir, who also having no issue, John his brother became his heir ; and he having no issue, Sarah his sister, wife of Roger Fitz-Peter Fitz-Osbert, became his heir ; and she likewise dying without issue surviving, the inheritance fell to the Thorpes, and the Valoines, as co-heirs, in right of Margaret and Isabel, daughters of Sir Robert de Creke, sisters to Bartholomew, the father of Robert, Geflfery, John, and Sarah de Creke, who died issueless, as before mentioned. BARONES PRETERMISSI. 148 Robert Fitz-Jolin de Thorpe, their son and heir, succeeded to the inheritance, and the 51 Hen. III.,* had a charter of free-warren for his demesne lands at Tliorpe, Mas- * Cha. Rot. 51 singham, and Fundall, in Norfolk; Coiton, in Suffolk ; and Sharpcnhou, in the county of ^"' ■™'^' Bedford. He was one of the king's justices.f t Pat. Rot. J8 John de Thorpe, son and heir to Robert, was a person of great eminence, inasmuch Edw.i.m.4i. as he had summonsj to parliament as one of the barons of the realm, from the 2nd to + Dug. Lj^ts the 19 Edw. II., both inclusive; and in the 1st of the same reign, as one of the king's of Summ. jnstices.§ But though his name is thus included in the Lists of Summons, of the 19 § Ibid. Edw. II., there is reason to suppose that he died the 17th|| of that reign, being then n Each. 17 seised, with Alice, his second wife, of a moiety of the manor of Creake, the manors "^' ""' ' of Thorpe, otherwise Ashwell-Thorpe,'^ Massingham, Fundall, &c., in the county of Nor- folk, and divers knights' fees, as well in that county as in Suffolk. Moreover, in the said year,T[ the king-'s eschcator had command to take into his hands the lands which John «: origiualia, de Thorpe held at the time of his decease -^ whereof an assignation of dower was made to \! ^^Z' V^' ° Rot. 27, Fin. Alice his widow, in the year following.** Cane. pars. 2. rm • ** Dors Cla Tills John de Thorpe, 5 Edw. II., had a charter for the foundation of the free chapel is Edw. ii. of St. MuTj, at Ashwell, for a chaplain to perform daily service therein to the inhabitants, and to pray for his own and wife's soul, as also for those of his ancestors and successors. Parkin asserts, ft that he was twice married ; viz. first to Agnes, daughter of ; ^ ^opog de and after to Alice, relict of Sir William Mortimer ; which Alice, as already observed, Freebridge, . . , J > Huo p_ 177. survived him." Robert de Tliorpe, son and heir of John, by Agnes his first wife, was about thirty years old at his father's death. He married Beatrix, daughter of Sir Edmund Hengrave, and died circ. 1330,tt (4 Edw. III.) leaving the said Beatrix surviving, who resided after ++Esch.4Edw his death at Massingham, which with North Creake, she held in jointure. . n. 3 . John de Thorpe, eldest son and heir to Robert, was fourteen years old at his father's death, "and in ward to John de Clavering.§§ He married Joan, who (with her sisters .. q • inal 5 Lucy and Maud), was one of the daughters and co-heirs of Roger Atte-Ashe. But he Edw.iii.Rot. 2, 4, Norf. & Suf. a According to the History of Norfolk, Vol, II. p. 5., Depwade, it seems that Ashxvell was anciently a hamlet in Thorpe, and belonged to a family which had its sirname from thence ; but at length .Sir John de Ashwell sold it to the Thorpes, who thereupon joined the name to that of their own manor ; which for distinction from other Thorpes in the same county, was afterwards denominated Ashwell- Thorpe. b Just before his death, he was joined with Sir Edmund Bacon, to treat of a match between Alphonso, eldest son to the king of Arragon, and Joan, daughter to Edward 11., the day of the treaty being fixed by the patent to be holden at the Tower, 29th February.— iJo<. Pat. 18 Edw. II. m. 22. p. 2. c Cotemporary with this John, and probably a younger brother, was Sir George de Thorpe, who was one of the Tilters at the Tournament at Stebenheath (Stepney), the 2 Edw. II. bearing then his Arms, viz. ChecJcy, Arg. and Gules on a Fess Arg. 3 Martlets, Sa. 144 BARONES PRETERMISSI. * Esch. 14 Edw. III. n. 16. t Originl. 14 Edw. III. Rot. 20. t History of Norf. Vol. VIII. p. 24. § Vide Breton of Sporle. died in 1340,* (14 Edw. III.) without issue, leaving the said Joan surviving, and Edmund de Thorpe, his brother and heir,t who had livery of his lands accordingly. This Edmund de Thorpe married Joan, daughter of Robert, and sisterj and heir to Thomas Baynard, who died seised of the manors of Colkirke and Gately, in the county of Norfolk. With regard to this lady, there was an endeavour to set her aside from the inheritance, on a suggestion of bastardy : but, on trial, bishop Bateman certified that she was legitimate. He died in 1393, (16 Ric. II.) and was buried in the chancel of Ash- well-Thorpe. He had issue two daughters; viz. Beatrix and Joan, and several sons; namely, Edmund, his heir — John, to whom he gave all his lands in Suffolk — and Robert, on whom he settled Bunwell ; which Robert, by Elizabeth his wife, had an only daughter and heir, Eleanor. Sir Edmund de Tliorpe, eldest son and heir of the preceding Edmund, was slain at the siege of Lover's Castle in Normandy, in 1417, (5 Hen. V.) being the same person, as it is presumed, who, by Hollinshed, is called the lord ITiorpe. But his body was brought over and buried in] the church of Ashwell-Thorpe, under a stately tomb, where both himself and lady lie ; their statues being at fuU length of white alabaster under a wooden canopy, ornamented with the Thorpe arms, and those of their respective marriages. He was twice married : first, in October 1368, in the lifetime of his father, to Mar- garet, daughter and co-heir of Richard de la Riviere, by Maud his wife, sister and heir to John, son of John le Breton, lord of Sporle ;§ secondly, to Joan, daughter and heiress of Sir Robert (or Roger) de Northwode, relict of Roger, lord Scales of Neucelles. Sir Edmund left issue only two daughters, who were his co-heiresses ; viz. Joan, who married, first. Sir Robert Echingham, knight, and afterwards Sir John Clifton of Buckenham, in Norfolk, by whom she had a daughter Margaret, who wedded Sir Andrew Ogard, but died vnthout issue. Isabel, the other daughter, married Philip Tylney, of Boston in Lincolnshire, esq. ; by which means, the Tj'hieys, on the failure of issue from Joan Tliorpe, came to the enjoyment of the Thorpe estate. Frederick Tylney, eldest son and heir of Philip, married Elizabeth, daughter of Lawrence Cheney, of Ditton in Cambridgeshire, and had issue an only daiighter Ehzabeth, who became the wife of Sir Humphrey Bourchier, eldest son and heir-apparent to John, lord Berners, in whose heirs-general the representation of the barony of Thorpe (if any was created by the writs of summons temp. Edw. II.) became coalesced with the des- cent of the barony of Berners, for which heirs vide Vol. I. of this work. Ha^ang thus terminated the account of the elder branch of this ancient and honour- able famity, there appears to be a younger line, not less deserving of notice. Of this line, WiUiam de Tliorpe, cotemporary with the first Edmund, and probably his younger BARONES PRETERMISSI. 145 brother,* was one of the king's Serjeants, and aften^'ards one of the judges of the Com- mon Pleas.* Soon after which, he was constituted chief-iustice of the Kinsj's Bench,t ^,^°';.^'''- ^^ about 21 Edw. III. But in this post he was accusedj of briber)' and malpractice, though 13. the king caused judgment to be suspended § agahist him, and at length pardoned || his + Rot.Pat! 24 transgressions, and restored all his goods, chattels, and estate. Edw. III. p. 3. . * tergo, m. 3. The 48 Edw. III. he had a license^I to embattle his manor-house, at Makesey, in § Ibid. Northamptonshire; and had summons** to parliament from the 5th to the 14th Ric. II., Edw.lil.m.l? both inclusive, among the barons of the realm. But if this William be the same person e/'"i\t^^ 20 who was the corrupt judge in the 24 Edw. III., he must have been advanced very much ** D«g- List in years at the time of the last-mentioned writ of summons. As this family became heir to the territorial barony of Creke, it may not be inap- propriate to refer to the said barony, and show the descent of it into the house of Thoi-pe. CREKE. This barony is one of the many which are unnoticed by Sir William Dugdale, al- though he has mentioned divers others of far less magnitude and importance. It is one, which deserves the more attention ; inasmuch as, upon the failure of the male line of the Creke family, Fitz-Osbert, who married the heir-female of Bartholomew, the last Creke, had summons to parliament among the barons of the realm ; as had the family of Tliorpe, before mentioned, descended from Margaret, one of the sisters of the said Bartholomew de Creke ; which Margaret, with her sister Isabel de Valoines, at length became the co- heirs to their brother Bartholomew, as aforesaid. 'J Ralph de Querceto, Pater orig. Fam. de Creke.=j= I ' Bartholomew de Creke. -p Robert de Creke, held three knights' fees of the honour of Eye, in the county of Suffolk, temp. Hen. 11-^= I ' Robert, Lord of Creke, Hillingtun, &c., &c.-j-Agnes, daughter of WilUam, son of Hervey de Glanville. I ~ I I I 1 Bartholomew, son of Robert de-r-Margery. Margaret, married John Isa-=p de Agnes, and Dio- Creke. Alon. Ang. vol. it, p. 183. | de Thorpe, ( ) hel. j Valoines. nisia, nuns. I 1 I I I 1. GefTery, s. p. 2. John, s. p. 3. Robert, s. p. Sarah. -pRoger, son of Peter Fitz-Osbert. Robert. Margery, only daughter, died before her mother, s. p. Robert. I ^ ' -J Cecily, married Robert Ufford, Earl of Suftolk. Roese, married Edmund Pakenham. a This William is stated to have had also a brother Robert, who was first one of the king's Serjeants anno 1346 ; (Chro. Jur.J afterwards-, in 1357, chief-justice of the Common Pleas; (Chro. Jiir.J and, in 1371, f45 Edu\ III.J chancellor C^ot Pat. 45 Edw. III. m 21. J of the realm. Of this name there was likewise another eminent person ; viz. Tliomas de Thorpe, who, 37 Hen. VI., was one of the barons of the exchequer. ('Sot. Pat. 37 Hen. VI. m. 21. He was likely the same person who, 31 Hen. VI., was chosen speaker of the House of Commons, (Rot. Pari. Vol. V. p. 227.) and afterwards imprisoned , on which occasion the House petitioned (Rot. Pari. Vol. V. p. 239.J for his liberation, according to their privileges ; but the Lords would not consent, and directed the Commons to choose a new speaker, who thereupon elected Sir Thomas Charlton, knight. U 146 BARONES PRETERMISSI. TREGOZ-HENRY.— (22 Edw. I.) * Cha.Rot.4i Henry Tregoz, 41 Hen. HI., had a charter for free-warren* at his manors of Garrin- + nj'd^'ss"'^ ges, Dodesham, and Waldrington, in Sussex ; and in the 55th of the same reign,t had Hen.III.m.r. another charter for the hke privilege, for his manor of Preston, in thesaid county of Sussex.^" Of this Henry Tregoz, Dugdale is silent ; yet it may be well imagined, if he was not the same person, that he was father of that Henry Tregoz who, 29 Edw. I., was one of + Du Lists those barons who, though not summoned to the parliament at Lincoln,^ where many of of Summ. tjje nobles of the realm subscribed the letter to tlie Pope respecting the king's supremacy over the realm of Scotland ; nevertheless had his seal affixed, and was styled " Dns de Garinges." The name of Henry Tregoz is included in the Lists of Summons to Parliament in § Ibid. the 22 Edw. I., and from the 32nd of that reign, to the 16 Edw. H., inclusive :§ but it can scarcely be conceived, that the Henry who, 41 Hen. III., obtained the charter for free-warren at his manor of Garinges, &c., can be the same person as the Henry so summoned to parliament as before stated — the period from that time to the 16 Edw. II. being (both inclusive) fuU sixty-five years. II Cha. Rot. In 33 Edw. I.,|| a Henry Tregoz had a license for free-warren at Wikenholt in f^mre^Mw Sussex ; and in 6 Edw. III. the like privilege at the same place.^ Now, if the whole III. m. 52. related to one person, the space of time would then embrace seventy-four years. But while Dugdale does not honour either Henry Tregoz, or Thomas hereafter mentioned, with any notice as parliamentaiy barons, yet in that character Henry Tregoz ** Cha. Rot. was summoned to attend at the coronation of Edward II.,** along with his consort. Dorso. m. 12" According to Vincent, Henry Tregoz of Sussex, was second son of Robert Tregoz, by Julian, daughter of William de Cantilujie ; which Roljert was son of Robert Tregoz, ttVlde and Sibylla Ewdas.tt Harl. MSS. ^fTreSz^"*' TREGOZ.— Harl. MSS., No. 1174. (133). *°'- ^2- Henry Tregoz.=f , , -1 , _ Henry, s. p. Thomas, temp. Edw. II.=pJoane, daughter of Lord Poynings. Isabel.-pSir John Boom. I "—I |— n Hen. Tregoz, knt.=^Joane,d. of Lord Morley. Margaret.^John D'Oyley. 3 daurs. m. to Sudley, Cooke, &Pagenham I 1 I 1 a ' The name of Henry Tregoz appears before this time : for in the pipe roll of the 3rd of long John, Henry Tre- goz is mentioned as paying scutage for liis lands in Sussex, holden of the honour of Arundel ; and in the same roll is also mentioned a Thomas Tregoz, who gave XL. s'. p'. hn'da recogn' coat' sic' in R' p'ced' ' In the first summons, the 11 Edw. II., to the parliament called to meet at Lincoln, (Claus. in Dorso. m. 14) the name of Henry Tregoz is twice mentioned ; but the meeting of this parliament was prorogued, wherein the writ for its subsequent meeting, the name of Henry Tregoz is omitted ; but that of Thomas Tregoz is inserted, which seems to intimate that there was an error in putting the name of Henry, a second time. BARONES PRETERMISSI. 147 r~i 1 r- ' 1 1 r 1 I Henry, s. p. Robert =T=Joanc, dan. and Michael, a John, s. p.-** Richard, s. j). Joane, dau. and lieir. Thomas, s. p. Tregoz. heirot' Uidiard Monk. Jolianna, ni. Sir John Gyllebon, mar. to Sir Thomati Combes. s. p. Margaret, a Nun. Lewknor. Vide T. 2. I 1 1 William, 1 daughter of Sir-pEdward-p2. Alice, daughter of Robert, s. p. Ralph St. Leger. | Tregoz. | Lord St. John. s. p. _l_ I I 1 Issue which all died s. p. Edward, s. p. A dau. who died young, s. p. » He conveyed his lands to Nicholas Carew, and others, to find him out an heir, who settled them upon Sir Thomas Lewkuor, who married Carew's daughter.— (' J'iile Tab. 2 J. TABLE II.* John D'Oyley, of Stoke D'Oyley.=pMargaret, daughter of Thomas Tregoz. f ; Joane, daughter and heir of John D^Oyley.-pSir Thomas Lewknor. J^ I Sir Thomas Lewknor, 2 Hen. IV.-pElizabeth, daughter of Sir John Carew, of Kulford. I ' Sir Thomas, attainted by king Richard IIL=pEUnor, daughter of Lord Audley. I ' Sir Roger Lewknor, ob. 18 Edward IV.-pElenor, daughter and co-heir of Richard, Lord Camois. Sir Roger Lewknor.^ 1st. wife. I \ ^ 1 1. Elenor, mar. 1st, Sir Arthur Pole; 2nd, Sir 2. Catherine, 3. Constance, mar. 4. Mabel mar, Chas. Pickering ; 3rd, Sir Andrew Barentyne. mar. John Mill. John Foster. Anth. Stapeley. • Berry's Visit co. Susses. But this statement of Mr. Berrj', on the faith of a county visitation, is partly con- tradicted by the pedigrees submitted to the House of Lords on the late claim to the barony of Camois by the respective claimants, viz: — Sii- Roger Lewknor, of Horstead Keynes, ob. 1 8 Edw. IV.^AUanora Camois, dau. & co-heir of Richard, Lord Camois. Sir Thomas Lewknor, of Trotton, ob. Ric. III.^pElizabeth I 1. — Eleanor, daughter of Lord Audley. -pSir Roger Lewknor, ob. 34 Hen. Vin.^2. — Elizabeth Mesant. , I r ~i I Jane, living 1554, mar. 1st., Sir ArthurPole, 2nd., Sir Catherine, mar. Mabel, mar. An- Constance, mar. Tho- Xop. Pickering, and had issue by both husbands. John Mill. thony Stapeley. mas Foster. TREGOZ-THOMAS.— (11 Edw. II.) Thomas Tregoz, 11 Edw. II., had summons, cttm cateris magnatibus et proceribus,* * cia. Rot. to a parliament convened to meet at Lincoln, but which was afterwards prorogued to the ;„ ^0^^' ' morrow of the Holy Trinity, to meet at the same place, when he was again mentioned in ■"■ ^~- the writ, summoning the peers then to attend.f But this proposed meeting of parlia- .). ibu ^ g_ ment was again put oif, by reason the Scots had assembled a great army, and had invaded the kingdom ; wherefore, instead of attending parliament, the earls and great barons were called upon to bring their military quotas to York; and in the summons of service on this occasion, the name of Thomas Tregoz is included among those of the peers of the realm. J + ibid 2 & 3. This sendee was prorogued, and another writ of summons issued for meeting at the same place, on the morrow of St. Bartholomew ; and in this WTit the name of Thomas Tregoz is again inserted§ with those of the earls and barons. Furthermore ; he had a in dorso.m.30. 148 BARONES PRETERMISSI. repetition of the like writs of summons, along with the earls and barons, in 6th, 8th, and * Dug. Lists 9 Ej1^,_ III* ofSumm. t Cha. Rot. This Thomas had his lands in Sussex, chiefly, and, 5 Edw. III.,t had a charter for „ 5_ ' ' free-warren in his manor of Garringes, and at Preston, Ham, Bargham, Storeshton, Perham, Gretham, Waldrington, and Dodesham, all in the said county ; likewise for Bage- ley, in Kent ; which indicates, that if not the son, he was the successor of Henry Tregoz in several of these manors, particularly Garringes, Dodesham, Preston, and Waldrington ; for which, as before observed, Henry Tregoz had obtained a charter of free-warren in the reign of Henry HI." Henry Tregoz, 22 & 29 Edw. 1.^= Thomas.sutQ.toparl.llEdw.II.&postea. Sir Robert. John Tregoz, — Esch 5 Hen. IV. — John, son of Henry I — ' Tregoz. The jury found that Thomas Lewknor, setatis Edward, Proia^/offi/ffif/s, son of Sir Robt. Tregoz. — Esch. 12, was his next heir, being son of Roger Lewknor, son 22 Ric. II. (Sussex), ob. circ. 1 Hen. IV. — Vide Esch. of Joan, daughter of Margaret D'Oyley, sister of Henry, John, brother of Sir Robert, his heir, set. 40 (Essex). father of the said John. TRIKINGHAM.— (8 Edw. II.) X Chr. Jur. Lambert de Trikingham was a justice of the Common PleasJ in the time of Edward Edw. I "m. 27 !•? ^^ • jjg Wyndesor, who, according to Messrs. Collins and Edmondson, was the ancestor of the family of the subsequently-created barons of that ancient house and surname. The said Richard de Wyndesor, or Windsor, was son and heir of WilHam, grandson to that § Ibid. William, whom Dugdale has stated § as a younger brother to Walter, who deceased about the time of king John, without issue male. This Richard being of full age, in 13 Edw. I., had livery of his inheritance ; and, in II Willis's the 23rd of the same reign, was one of the knights j] of the shire for the county of Berks. Notit. Pari. ^ t,,t,,i -ti- i -i In the 24 Edw. I., he had summons with other emment persons, to the great council at Newcastle-upon-Tyne ; and, in the year following, was again one of the representatives ^ Ibid. in parliament for Berkshire ; as he was also in divers other parliaments^ of his time. ** Esch. 19 He died the 19 Edw. II.,** leaving Joan his second wife surviving, tt and Richard his ?h Ibid "^ ^J°" '^^^ heir, by Julian his first wife, who was daughter of Sir Nicholas Stapleton, of Hachilsay, in the county of York, knight ; which Richard Windsor, was the lineal ancestor^ J to Sir Andrew Windsor, who, 21 Hen. tt Colljjis, VIII., was summoned to parliament as a baron of the realm, and whose heir-male was Edmondson, ^ &c. afterwards advanced to the dignity of earl of Plymouth. WYNESLEE.— (24 Edw. I.) Thomas de Wyneslee, 24 Edw. I., was one of those persons of consideration, who $5 Due. List '^^i^ ^^^ ^ consimilar writ of summons§§ of service, to attend among the barons at the of Summ. council, then convened to meet at Newcastle-upon-Tyne, furnished with horse and arms, to march against the Scots. But, excepting on this particular occasion, the name of WjTieslee is not noticed with any baronial or honorial distinction ; nor is it mentioned who, or of what family he was, or belonged to. WYTH.— (1 Edw. III.) nil Escb. 1 Geffery With, or Wyth, in the time of Edward III., held||||one knight's fee at gg''' ■ "■ Louthingley, in the county of Suffolk, of Thomas, earl of Lancaster. In the I Edw. BARONES PRETEKMISSI. 159 III., he was one of those who had summons* to attend at Newcastle-upon-Tyne, fur- * Dug. Lists of Summ. nislied with horse and arms, to march au;ainst the Scots ; but tliis summonst was one f ibid. of service, and not for consultation in parliament. Tliis Geffery is likely the person who married Isabel, daughter and co-heir of Wil- liam de Stalham, who held lands at Beeston and elsewliere, in the coiinty of Norfolk,! + Hist.ofNorf. where, upon his decease, he was interred in the chancel. Tunste^ ''^^' After this period, the name of Wj-th is not noticed in the public records as one of any particular note, though it appears, that Sir Ohver Wyth, 24 Edw. in.,§ had, along with others, license to enfeoff the prior § -^sch. 24 and convent of St. Olave de Herbyngflet with divers lands in the county of Norfolk;* 44^'^sec" " and that, Anne, daughter and heir of Sir John Wyth, by Sibilla his wife, daughter and heiress of Sir Edmund de St. Omer,|! married Sir John Calthorpe: which family there- • II Hist.ofNorf. by came to inherit certain estates of the Wyths in Norfolk, and to quarter the arms of Vol, III. p. 13, Wyth, as is represented in the chancel of Hampstead Church, in Norfolk.^ ij' ibH!'vol, Sir John Wyth, by his will, dated the 22nd of February, 1387, desired to be buried 7"- P- 22. .... Happing. in the chiincel of Beeston Church ; where also, upon her decease, his wife Sibilla (who had survived him) was likewise interred, according to her desire, as expressed in her will. Arms of Wythe : 3 Griffins in pale, passant or. — Vide Blomf. Norf., vol. 5, fol. edit., pp. 885, 1438 and 1454. Sir Oliver Wythe, 11 Edw. I.^Wjmesia. Sir GefFery Wythe, 1 Edw. III.=j=Isabel de Stalham, anno 1317." Sir Oliver Wythe, 24 Edw. III.=pAlice, Sir John Wythe : will proved a"- 1387.=7=Sibilla, d. & h. of Sir Edmund de St. Omer ; remar. to Sir Wm. Calthorpe. , I 1 Anne Wythe, daughter and heir.=^John, son of Sir William Calthorpe, ob. vit. pat. I William Calthorpe, set. 11 at his grandfather's death. 'Sir William de Stalham, of Stalham, in the county of Norfolk.=pIsabel dau- and heir of Matthew de Gunton. I 1—' 1 1 Isabel, married Sir Gefl'ery Wythe. Joane. Alice. Ellen. " He is probably the same who married Winesia, daughter and heir of John de Riveshall, lord of the manor of Rushhall, in Norfolk ; which from the Wythes afterwards passed to the Carbonels. — Hist of Norf. Vol. ii., p. 87 Earsham. The name of With or Wyth appears very ancient. In the pipe roll of the 3 of king John , Ric' Wif/t is men- tioned among others who were amerced by Geffery Fitz-Peter, the king's chief-justice, in Dim' m', or half a mark. — (Buckingham, and Bedfordshire.) -a;^. 160 BARONES PRETBRMISSI. The preceding account of those persons who were summoned to parhament in the character of Barons, but were, nevertheless, rejected by Dugdale out of his History of the Peerage, must evidently show, that some at least, though not all of them, were en- titled to hand down to their posterity an inheritable parliamentary dignity, — particularly if a sitting, under their writs of summons, could be estabUshed. This is a point, as already observed, material to constitute and complete the right of a baron, by writ, to an inheritance in fee- simple, or rather fee-tail general, in his honor; for which reason, the following copy of the writ of summons to the parliament at Lincoln, in 28 Edw. I., and the list of names of the persons, who were therein assembled, and subscribed the letter to the pope, may tend to prove that such persons were then unquestionably con- sidered in the rank of peers of the realm, and were sitting in parliament for the purpose of deliberation. One thing rather noticeable in this parliamentary record, is, that the names of the persons who did not subscribe the letter, are stated; which intimates, that, though present, they objected to the proceeding, and were, according to modern language, the " Non contents." Again, the names of those, who, though they were not summoned, (yet had their seals affixed to the letter), being set forth, the same aiFords a conclusion, that they were absent on some public mission, or were otherwise employed, or excused, and therefore gave their consent by proxy. To this evidence of parliamentary sitting, may be added the writ of summons to the earls and barons, to attend the coronation of Edward II., which is the most early writ of the kind extant. Tliis may tend to show who were the persons then esteemed among the barons of the realm. Clans. Rot. 28 Edw.. I. in dorso, m. 3. D' veniendo 5^ veSabili in xpo. li'. eadem gra archiepo Cantuaf tocius Angt primati sattem. ad p'haraen- Qxim nup pcoi utilitate popti regni nfi concesserim^ qd carta de foresta in singtis suis articlis firmit observaref assignando quosdam de fidelib3 iiris in singtis coin ejusdem regni in quib3 foreste nre existunt ad pambulacoem in eisdem forestis faciendam. Ita qd gambulacoem illam distincte & apte fcam ad nos anteq^'' aliqua execucio vel aliquid aliud inde fieret reptarent. et qct juramentu nrm jus corone Angt rones & calumpnie nfe nee jus rones & calumpnie alio^ omi salva forent:' Nos licet dci fideles nri nuc p'mo ad nos detulerint quod fecerut in negocio memoratoj quia tamen prelatij comitesj baronesj & ceti magnates dci regni in quoa psencia nras & alios'pponi & audiri volum rones & de quo5 concilio in eodem negocio piit alias dixim^ intendim^ opari :! Maxime cu ipi ad BARONES PRETERMISSI. 161 observand & manutenenct jura regni & corone pdce una nobcum juramenti vinculo sint ast'cti juxta latus nrni tuc temporis no fuerut^ac p eo similit: qd illi qui suas rones q^'ten' ilhul negociu eos tangit ppoii!e hebaiit inde pmuniti no crat eidem negocio sine ipoa consilio linem imporae non potuim^ bono inodo. Et quia negociu illud q'ntum possum^ cupim^ maturari : ita qd p nos no stet quin absq, ulVioris ditonis incomodo effcm debitia sorciat' :' volentes cu prelatisv comitib} baronili) & magnatib} supMcis ac aliis de coitate dci reoiii sup hoc & quib5dani aliis arduis negociis nos & statu regni ^dci tangentib} here coUoquiu & t*ctatu :! vob mandam^ in fide & dileccone quib} nob tenemini firmi? injungentes qi sitis ad nos ad pliamentu nrni apud Lincoln in Octab Sci Miliar pxio futur nobcum ibidem una cu cetis prelatis & pcerib} pdCis sup pmissis t^ctaturi vrmq, consiliu impensuri. Et hoc sicut nos & comodu regni pdci diligitis nullaten^ omittatis. T. l^. apud la Rose sxvj. die Septembf. Consimiles Ire diriguntu' T. archiejio Eboa Angt primati & epis & abbatibj sub- sc'ptis videlt. J. Karlioleii epo J. Lincoln epo R. ElieH epo J. Norwyceri epo R. London epo T. Roffefi epo R. Cicestr epo S. Sa& epo T. Exoh epo W. Bathon & Wellen epo R. Hereford epo G. Wygorn epo W. Coventr & Lych epo A. Dunelfn epo J. Landaven epo D. Meneven epo . . Assaven epo . . Bangoreri epo Abbati de Sco Edmo Afebi Sci Aug^tini Cantuar Abbi de Sco Albano Abbi Westin Abbi de Walth^m Abbi de Burgo Sci Petri Abbi de Rameseye Abbi de Thorneye Affii de Croyland Atfei de Evesham Abfei Glastofi Abbi de Wynchecube Abbi de Malmesbiuy Abbati Cestf Abbati de Hida Wynton Abbi de Birton sup Trentam Abbi Sci Petri Gloucestr Abbi de Alnew'yk Abbi de Sea Agatha Abbi de Barlinges Abbi de Tuphoim Abbati de Byleye 162 BARONES PBETEBMISSI. Afebi de la Dale Abbati de Neuhus Abbati de Cokersand Abbati de Croxton Abbati de Sea Radegund Abfei de Stanlawe Abfei de Bildewas Abbi de Stonle in Wyl? Abtei de Tyehefeld Abfei de Lavendefi Abfei de Torre Abbi de WellebeR Abfei de Hales Abbi de Swinesheved Abbi de Warderi Abbi de Boxle Abbi de Furnais Abbi de Salleye Abbi de Holmcoltran Abbi de Cirencestr Abbi de Novo Monastio Abbi de StHford Abbi de Tileteye Abbi de Bynedon Abbi de Jirovait Abbi de Fontibj Abbi de Bella Landa Abbi de Melsa Abbi de Kirkstede Abbi de Quarrera Abbi de Liteleye Abbi de Dunkesweit Abbi de Rupe Abbi de Rughford Abbi de Valle Dei Abbi de Gerndon Abbi de Stanleye in Arderii Abbi de Bello loco Regis Abbi de Strata Florida Abbi de Flaxele Abbi de Pippewett Abbi de Redinges Abbi de Cumbe Abbi de Bassingwerk Abbi de Cumbmere Abbi de T)'n?ne Abbi de Kingeswode Abbi de Waverle Abbi See Werburge Cestr Abbi de Crokesden Abbi de Valle Regali Abbi de Deulacresse Abbi de Mira Valle Abbi de Revesby Abbi de Poo Lude Abbi Be Marie Ebo^ Abbi Sci Aug^tini Bristoft Abbi Sci Pet' Glouc Magro ordis de Sepig Priori HospitSci Jobis Jertm in Angt Magro Milicie Templi inAngt D' veniendo ad p'liaraeDtum R. ^ dilco & fideli suo Johi de Warenna comiti Surrj sattm. Cum nup p coi utilitate &c. ut sup^ usq, ibij Vob mandam^ in fide & homagio quib} nob tenemini firmit injun- gentes qd sitis ad nos ad pliamentu nrm apud Lincoln in octab Sci HiUaf pxTo futur nobcum ibidem una cii prelatis & pcerib} pdcis sup pmissis tractaturi vfmq) consiliu im- pensuri. Et hoc sicut nos & coniodu regni pdci diligitis nidlaten^ omittatis. T. li^. apud la Rose xxvj. die Septembr. BARONES PRETERMISSI. Consimiles tre dirigunt^ comitib} j baronib} j & militib} subscjptis vidett. Rogo le Bygod comiti Norfl' & mares- Ptio de Kyme 163 callo Ang} Rado de Monte Hermerii comiti Glouc & Hertford Humfrido de Bohun comiti Hereford & Essex Rico filio Alani comiti Arundett Guidoni de Bello campo com Warf Thome comiti Lancastr Rofcto de Veer comiti Oxon Gilfcto de Umframvitt com de Anegos Henr de Lancastr Aymero de Valencia Johi de Ferariis Henr de Percy Robto filio Wal?i Witto le Latini juniori Rofeto de Cliiford Robto de Monte Alto Johi de Hasting Johi de la Mare Johi de Ripariis Johi de Mohun Robto filio Pagani Hugoni de Curtenay Edmundo Deyncurt Johi de Sco Johe de Lageh^m Thome de Furnivaft Hugoni Bardolf Robto de Tony Thome de Berkele Witto de Brewos Petro Corbet Wifto Martyn Thome de Multoii Johi Abbadam Johi de Seg^ve Robto filio Rogi Hugoni de Veer Walto de Fauconbge Petro de Chaumpnet Rado Basset de Drayton Ro^o de la Warre Johi Paynel Alexo de Balliolo Hugoni Point} Rog'o de Mortuo Mari Wifto de Ryther Reginaldo de Grey Walto de Muncy Robto de Scales Ade de Welles Almarico de Sco Amando Wiito de Canti Lupo Johi Engaigne Gilbto Pecche Johi de Claving Eustachio de Hacche Witto de Leyburn Johi de Bello Campo Witto de Grandi sono Pho Darcy Johi Exfneo Joh de Insula Joni de Suleye Simoni de Monte Alto Thome le Latim Walto de Huntcumbe Edmundo de Hastinges Johi de Lancastr Robto de Tateshale 164 BARONES PRETERMISSI. Rado Pypart Rofeto la Warde Alano la Zusche Johi Luvel de Tychemersh Henf Tyes Nicho de Seg've Briano filio Alani Edfno de Mortuo Mari Fulconi filio Warini Johi filio Reeinaldi Witto de Ferariis Wilto le Vavassur Elie Daubeny Edmo Baroni Stafford Rado filio Witti Bogoni de Knovitt Thome de la Roche Witto Tochet Andree de Estle. Anno XXIX. regis Edward I. Indomocapit- ExEMPLAR LiTTERARUM Anglise proceruiii in parhamento apud Lincolniam conveni- ulari Westm' entium anno 29 regis Edwardi primi summo Pontifici porrectarum, supremura dom- inium regni Scotise, regibus Anglise, de jure debitum audacter vendicantium. Scissimo in xpo pri dfio B. divini pvidencia See Romane ac univsalis ecctie suiiio pontifici sui devoti filii. Johes comes Warenn Thom coni Lancastrie Radus de Monte H'meri coin Glouc. & Her# Humfr de Bohun coni Hereford & Essex & contab Angi Rogs Bigod coin NorflF' & maresch Angt Guido com War? Ric com Arundeft Adomar de Valenc dfis de Montiniaco Henf de Lancastf dns de Munemue Johes de Hastyng diis de Bergeveny Henr de Percy dfis de Topclive Edmudus de Mortuo Mari dhs de Wige- mof Rofetus fit Walteri dhs de Wodeham Johes de Sco Johe dfis de Haniiak Hug de Veer dns de Swaneschaumpis Witts de Breouse dns de Gower Rofctus de Monte Alto dhs de Hawardyn Rofetus de Tatteshale dhs de Bokeh ^m Reginaldus de Grey dhs de Ruthyn Henf de Grey dhs de Codenore Hugo de Bardolf dhs de Wirmegeye Rofetus de Tony dns de castro Matift Witt de Ros dhs de Hamelak Rohtus de Clifford casteUanus de Appleby Petf de Malo Lacu dhs de Mulgreve Phs dhs de Kyme Rohtus fit Rogi dhs de Clav'yng Johes de Mohun dhs de Dunsterre Almaricus de Sco Amando dns de Wyde- hay Alanus la Zouch dhs de Asshebv BARONES PRETERMISSI. 165 Witt de Feraf dns de Groby Theobald de Verdun dns de Webbele Thoiii de Furnivatt dns de ShefFeld Thorn de Molton dns de Egremont Witts le Latim dns de Corby Thoni dns de Berkely Fnlco fit Warini dns de Whitington Johs diis de Seg've Edmus de Eyncourt dns de Thurgeriton Petr Corbet dfis de Cauz Witts de Cantilup diis de Ravenesthorp Johs de Bellocarapo diis de Hacche RoSus de Mortuo Mari dfis de Pentkellyn Johs fit Regiii diis de Blekeneny Ranulphus de Nevitt diis de Raby Brianus fit Alani dfis de Bedale Witts Mareschall diis de Hengh^m Walrus diis de Huntcumbe Witlus Martin diis de Cameiso Henr de Tyes diis de Chilton Rogus le Ware dns de Isefeld Johs de Ripa^^ diis de Angre Johs de Lancastr diis de Grisdale Rohs fit Pagani diis de Lammer Henf Tregoz diis de Garinges Rads Pipard diis de Linford Walrus diis de Faucumhge Rogus le Estrange de EUesme Johannes Lestr^'nge de Cknokyn 1 noih de Chaurces dfis de Norton Walrus de Bellocampo diis de Alecestr Ricus Talebot diis de Ekieswell Johes Bettetourte diis de Mendesh^m Johs Engayn dfis de Columh Hugo Pointz dfis de Corimalet Ad diis de WeUe Simon diis de Monte Acuto Johes diis de Sulleye Johs de Moeles dfis de Caudebir Edmiis Baro Staff' Johs Lovel dfis de Dakkyng Edmus de Hasting diis de Enchimehol- mok Rads fit Witti dns de Grimthorp Robtus de Skales dfis de Neuseles Wittus Thouchet diis de Levenhales Johs de Adam dfis de Beviston Johs de Havingges diis de Grafton Robtus la Warde diis de Alba Aula Nichs de Seg^ve dfis de Stowe Walrus de Teye diis de Stangreve Johes de Lisle diis de Wodetofi Eustachius dfis de Hacch Gilhtus de Pecche diis de Corby Witts Paynel dris de Tracyngton Bugo de Knovill dfis de Albo Monasrio Fulco Lestr'nae diis de Corsh^m Henf de Pinkeny dfis de Wedon Johs de Hodelleston diis de Aneys Rog'us de Huntingfeld dfis de Bradinh^'m Hugo fit Henf diis de Ravenewath Johs le Breton dus de Sporle Nichs de Carru dfis de Muleford Thome dfis de la Roche Walrus de Money dfis de Thornton Johs fit Mermeduci diis de Hordene Johs dfis de Kyngeston Rofetus Hastang diis de la Desiree Radulphus diis de Grendon Witts dfis de Leybunie Johs de Greystok diis Morpath Maths fit Johis dris de Stokeh'hn Nichs de Meynhyl diis de Wherleton & Johs Paynel diis de Otteleye IQQ BARONES PBETEBMISSI. devota pedu oscula beato^ Sea Romana ma? ecca p cuf minis?ium fides catholica gufe- natur in suis actib} cum ea sicut firmi? credim^ & tenem^ mafitate pcedit qd nulli pjudicare S3 singulop jura non minus in aliis q^a in se ipa tanq.," mat alma consvari velit illesa sane covocato nup p serenissimu diim nfm Edwardum Dei gf a regem Angt illustrem pliamento apud Lincoln g'nali. Item Dns nr quasdam Iras aplicas quas sup ctis negociis condiconem & statum regni Scoc tangent ex pte vfa recepat in medio exhiberi et seriose fecit nob exponi. Quibus audiris & diligencius intellectis tam nris sensib} admiranda q,^ hacten^ inaudita in eisdem audivim^ contirii. Scim^ eni pat scissime et notorium est in ptib3 Angt & nonnullis aliis non ignotum qd a prima insticoe regni Angt reges ej^d regni tam tempib} Brittonu q.'' Angto^ supius & directum dnium regni Scoc huerunt & in pos- sessionem vel q^si supioritatis & directi dnii ipius regni Scoc successivis tempib3 extitunt. Nee uUis terapib3 ipm regnii in tempib5 ptinuit vt ptinet quovis jure ad ecc^'m sup^dcam quinimo idem regnum Scoc pgenitorib5 pdci dni nfi regib3 Angt atq, sibi feodale extitit ab antique. Nee eciam reges Scoto^ et regnum alii qj'' regibs Angt sbfuerunt vel subici consuev'unt. Neq, reges Angt sup jurib5 suis in regno pdco aut aliis suis tempalib3 cor aliquo judice eccastico vt secular! ex libra pminencia. Status sue regie & dignitatis & consuetudinis cunctis tempib5 irref^'gabitrobsvate responderunt aut respondere debebant. Unde hito t"ctatu & delibacone diligenti'sup contentis in vris Ms memoratis 9is concors & unanimis onium nrm & singuloa consensus fuit est & erit inconcusse Deo ppitio infuf^um qd pfatus dns nf rex sup jurib3 regni sui Scoc aut aliis suis tempabb} nullaten^ judicialit! respondeat coram vofe nee judm subeat quoquomodo aut jura sua pdca in dubiii ipius de- ducat nee ad psen't vram pcuf aut nunc ad hoc mittat. Precipue cum pmissa cederent manifeste in exhedacom juris corone regni Angt & regie dignitatis ac subvsione status ejusdem regni notoriam n'^non in ^judicium libtatum consuetudinu & legum patna^ ad qua& obsvaconem & defensionem ex debito pstiti juramenti astringimur & que manute- nebim^ toto posse totisq^ virib3 cum Dei auxilio defendem^. Nee etiam pmittim^ aut aliq'H;en^ pmittem^ sicut nee possum^ nee debem^ pmissa tam insolita in debita pjudicialia & alias inaudita plibatu dfim nfm regem eciam si vellet face seu quomodolibet attemp- tare. Quocirca sanctitati vre reven? & humili? supplicam^ q^in^ eundm dnm nrm regem qui in? alios p'cipes orbis ?re catholicu se exhibet et ecce Romane devotu jura sua libtates consuetudies & leges ]pdca absq, diminucone & inquietudine pacifice possidere & ea illi- bata psis?e benigni^ pmittat. In cujus rei testimoniu sigilla nra tam p nob q,' p tota eomunitate ^dci regni Angt ]psentib3 sunt appensa. Dat apud Lincolii xij. die Febr anno dni M°ccc°. ^ Nomina magnatum, qui ad dictum parliamentum anno xxix. regni regis Edwardi => Reprinted from Dugdale, but the original cannot be found. BARONES PRETERMISSI. 167 primi, apud Lincolniam convocatum nequaquam summoniti erant ; cujus sigilla, verun- tamen dictis Uteris, summo pontifici a mandatis, affixa erant. Henricus de Grey (de Codnoure) Willielmus de Ros (de Hamlak) Petrus de Malolacu (de Mulgrave) Theobaldus de Verdon (de Webley) Ranulphus Nevill (de Ral^y) Henricus Tregoz (de Garinges) Rogerus le Straunge (de Ellesmere) Thomas de Chaurcis (de Norton) Walterus de Bello Campo (de Alcester) Ricardus Talbot (de Eccleswell) Johannes Botetourt (de Mendlesham) Johannes de Moels (de Cadbury) Johannes de Haverings (de Grafton) Walterus de Teys (de Stangreve) Witt Paynel (de Tracington) Fulco le Straunge (de Corfham) Henricus Pinkney (de Wedon) Johannes Hudleston (de Aneys) Rogerus Huntinfeld (de Bradenham) Hugo filius Henrici (de Ravenswath) Johannes le Bretton (de Sporle) Nicholaus de Carru (de Molesford) Johannes filius Marmaduci (de Hordene) Johannes de Kingeston Robertus Hastang (de Desiree) Johannes de Greystoke (de Morpeth) Mathaeus fihus Johannis (de Stokenhame) Nicholaus Meynill (de Wherletone) Nomina illorum, qui ad istud parliamentum summoniti erant, cujus sigilla domino papse emissa, non sunt appensa. Rogerus Bigod, comes Norff' Johannes de Ferrers Johannes de la Mare Hugo de Courtnay Petrus de Champvent Radulphus Basset (de Drayton) Alexander de Balliol Willielmus de Rither Johannes de Clavering Willielmus de Grandison Philippus D'arcie Thomas de Latimer Willielmus le Vavasor Elias D'aubeny Andrseas de Estle [168] OF THE CORONATION SOLEMNITY, CUSTOMS, &c. &c. Temp. Edw. II. and Ric. II. The following literatim document, copied from the original record in the Tower of London, will show, that it has been the usage of long antiquity for peers and peeresses to be summoned to attend a coronation, and that homage, on that occasion, was per- formed to the king, or queen, as the case might be. This record is the Clause Roll of the 1st year of king Edward II. No. XCIV. a. "^* in?essend' I ^ vefiabili in xpo pri W. eade gra Archiepo Ebo^ Angt Primati coronacoi ^J saltm. Quia firmit: credimus & spamus qd accepto coronacois & con- secracois muSe sufhi Reg potentia virtuosa in regimine popli regni nri de bono semper in melius diriget actus nfos ac nos die dnica pXia post instans festu Sci Valentin! apud Westih pponimus auctore dno coronari vofe mandamus firmit^ injugentes qd hujusmoi coronacois nre solempniis dcis die & loco celebrand psonalit: intsitis. Et hoc sicut nos & honorem nrm diligitis nullaten omittatis T. R. apud Dovor' xviij die Januar. '' Eodem modo mand' est subscriptis vidett. A. Patriarche Jertm & Epo Dunelfn. R. Elyefi J. Kariotu Epo. W. Bathoh & Wellefi. J. Lincoln Epo. H. Wynton. J, No; sycen. R. London. BARONES PRETERMISSI. 169 R. Herefordn. Th. Roff. S. Sa^. Assaven. Menevefi. Landaven. Bangoren. Abbi Sci Augustini Cantur- Abbi de Wychecumbe. Abbi de Sco Edmundo. Abbi Glastofi. Abbi de Sco Albano. Abbi de Raifieseye. Abbi de Mahiiesbury. Abbi de Burgo Sci Petri. Abbi Sci Petri Gloucestf. Abbi beate Marie Ebo^. Abbi de Hidd Wynton. Abbi de Evesham. Priori ecctie xpi Cantuav. Priori de Lewes. Priori de Bridlington. Priori Hospital Sci Johis Jertni in Anet." " ^ ditco & fid' suo Johi de Warrenna Comiti Surf saltm Quia die dneia pxia post festum Sci Valentini pxio futuf apud Westni pponim^ deo ppitio coronari^ vob mandam firmir injugentes quatin^ die & loco pdcis coronacois nfe pdce celebrandis solempniis psonalit intsitis. Et hoc sicut honore nrm diligitis nuUaten^ omittatis T. R. apud Dovor xviij. die J .nuar. ■' Eodem modo mand' est subscriptis vidett. Robto de Umframvill Comiti de Anegos. Gilbto de Clare Comiti Glouc & Hertf. Petro de Gavaston Comiti Comub. Robto de Veer Comiti Oxofi. Gu.idoni de Bello Campo Coin Warf. Ediuo Comiti Arundetl. Humffo de Bohun Com Hereford & Essex. Adomaro de Valencia Comiti Pembroch. Henr de Lacy Com Lincoln. Thome Coiii Lancastf. Robto de Monte alto. Robto de Tony. Willmo Le Vavassur. Henf de Lancastr. Johi de Sudleye. Henr de Percy. Walto de Faucumbge. Robto fit Rogi. Hugoi de Curteneye. Johi fit Reginaldi. Wittmo deRos de Hamelak. Johi de Ferar. Robto de Chfford. Johi de Hasting. Thome de Furnivall. Simoni de Monte Acuto. Wiitmo de Feraf . Wittmo de Grandisono. 170 BARONES PBETERMISSI. Pho de Kyme. Johi de Mouliun. Rofeto fit Pagani. Johi Engaygne. Fulconi fit Warini. Thome de Berkeleye. Johi la Warre. Rogo de mortuo mari de Wigemor. Edfiio Baroni Staff. Alano la Zusche. Johi ap Adam. Johi de la mare. Thome de Multon de Gille- sland. Wiftmo de Leyburh. Wiltmo de Brewosa. Wiftmo de Canti Lupo. Johi de Ripariis. Henr Tregos. Johi de BeUo Campo de Sums. Johi Extraneo. Nicho de Seg^e. Robto de Scales. Petro Corbet. Thome le Latim. Rado Basset de Draytoii. Hugoi de Veer. Rofeto fit Wal?r. Hugoi le Despens. Johi de Seg^ve Petro de malo Lacu. Wittmo le Latimer. Thome Bardolf. Thome de Multon de Eger- mund. Ade de Welles. Wal?o de Teye. Johi de Moubray'. Almarico de Sco Amando. Edmo Deyncurt Bogoni de Knovill. Johi Lovel de Tychemersh. Rogo la W^arre. Wittmo Martyn. " Eodem modo mand est subscript vidett. Wittmo Inge. Johi Breton. Johi de Donecastr, Johi de InsvQa. Rogo de Bella fago. Henr de Sutton. Rado de Hengham. Wittmo de Ormesby. Petro Mallorre. Wittmo Howard. Johi Banquell. Wittmo de Carleton. Magro Robto de Pickeringe. Tliome de Cantebr'. Magro Rico de Abyndoii. Henr SpigumeU. Gilbto de Roubury. Johi de Berewyco. Lambto de Thrikingh^m. Gilbto de Knovitt. Johi de Batesford. Wal?o de Glouc. Ro£o Sauvage. Wittmo de Bereford. BARONES PRETERMISSI. I7l Johi de Mutford. Johi de Kirkeby. Wiftmo de Colneye. Johi Randol*" : Wittmo le Vavassur. Rofeto de Retford. Edmo Deyncurt. Hervico de Staunton. Rogo de Hegh^m. Nicho de Warf. Wittmo de Mortu Mari. Galfro de Hertelpol. Johi de Sandale. " R. \t[c Kane saltm Quia die dfica px' post festum Sci Valentini pxio futur apud Westm pponim' deo ppicio coronari tibi pcipimus qd diem ilium p nre coronacois pdce celebrandis soUempniis ordinatum in Civitatib} Burgis viit mcatoriis in battia tua ubi vi- deris expedire publice & solempnit pclamari, et milites Gives Burgen ac alios de Com pdco quos fore videris invitandos ut dcis die & loco sollempnizacoi pdce psonalil? inrsint ex pte nfa fac in\'itari. Et hoc nullo modo omittas. T. ft. apud Dovor xviij. die Jarr. Cons Ire dir singulis vicecomitibus p Angt. " D. intessendo ] R. VeSabili in Xpo pfi R. eadem gfa Cantuar Archiepo tocius No. XCIV. b. coronacoi R. J Angt p'mati saltm. Quia coronacois nfe soUerapnia jam diu est de consilio platoa Comitu Baronu & alios nobiKu de regno nro in instanti die driica pxia post festum Sci Valentini apud Westfn ordinavim^ disponente dno celebranda quod ad vram noticiam satis credam^ pvenisse voh firmir injungendo mandam^ rogantes quatin^ gressus vros ad ptes istas tali? festinus qd die & loco pdcis sollempnicoe pdce possitis psonalit inresse Et si forte aliquo casu contingente vos quod absit contigit impediri, ita qd die & loco pdcis no potitis vram psenciam exhibere tiic vices vfas alicui de vfis Sulfraganeis Coinitatis qui officii! quod in coronacoe nfa pdca A'ob incumbit exequat & excceat ^^ce vra. Et quid sup hoc dux'itis faciendii nob cu omi celeritate qua potitis rescribatis p psenciii portitore. Et hoc sicut de vob confidim^ nullaten^ omittatis Dat apud Dovof ix. die fFebruar'. " D. intessendo 1 R. di & fi suo Wittmo de Leyburne saltm Quia hoc instanti coronacoi R. J die diiica pxia post festum Sci Valentini Martyris intendimus Deo ppicio apud Westm coronari vob mandamus rogantes quatinus vos & consors vra hujusmodi coronacois nfe solempniis dcis die & loco celebrand ad comitivam nob & car- issime consorti nfe Isabelle Regine Angt ob nfm & ipius consortis nfe honorem facien- dam psonalit modis oinibus intsitis Et hoc sicut nos diligitis nullatenus omittatis. T. me ipo apud Dovor' viij. die Februarij. 172 BARONES PRETERMISSI. " Cons ire dir' subscriptis vidett. Robto de Monte Alto & consorti sue "i Rofeto de Verdun & consorti sue Rado de Vedon & consorti sue Desiderate que fuit ux Galfri de Lucy Johi de Northwode seniori & con§ sue Rogo le Sauvagc & cons sue Regin de Cobeham et cons sue Thome de Bailliol et cons sue }- Johi de Northwode juniori & cons sue Johi Abel & cons sue Rado de Sandwyco et cons sue J Margarete que fuit ux Edmi quondam Comitis Cornub Comitisse Oxon Comitisse Arundell' Dne de Insula Agn de Sumy Henr' de Grey & ConS sue Hugoi de Veer & Cons sue Willrno de Hamfeld & Cons sue Willmo de Wauton & Con§ sue Alic dne de Beaumound Johi de Dagworth & Cons sue Thome de BeUius & Cong sue Tliome de Burgo & Cons sue Johi FiUol seniori & Cons sue Buk' r Aymero de Sco Amando& consorti sue Johi Peyvre & Consorti sue Johi de Marteyn & Consorti sue Bedef „ „ ' . " >12 Hen. the fourth. Bourchier, } I Edw. the fourth. ■ 15 Edw. the second. 23 Edw. the first. Stafford, Humfryl de Suthurgk. J Stapleton, Milo, 6 Edw. the second. Stapleton, Nicholas, 16 Edw. the third. *Steyngrave, . . 22 Edw. the first. Strabolgi, (Comes" Athol) Strange, de Elles- mere. Strange, de Knockin, 28 Edw. the first. Strange, de Black- mere, Strange, Eubolo le, 20 Edw. the second. Strivelin, . . 16 Edw. the third. Sutton, John . . 18 Edw. the second. *Sutton, John de 1 Holdernesse, J Sudley, John de, 28 Edw. the first. Sutton de Dudley, 16 Edw. the third. ■V Edw. the second. 6 Edw. the third. BARONES PRETERMISSr. 189 Swillington, . . 20 Edw. the second. Sw-)'nerton, . . 11 Edw. the third, Stutevile, Robert, 22 Edw. the first. (Omitted in Dugdttle's printed Index.) Talboys, de Kyme, 21 Hen. the eighth Talbot, . . . Talbot, de Castro! Goderici, J 4 Edw. the third. 4 Edw. the third. de Rie. the second. Talbot, Richar. Blackmere. Talbot, John Drnns. Fur- 1 11 Hen. the nival de Hallomshire. J fourth. Tatshall, . . 23 Edw. the first. Teye, Walter de, 27 Edw, the first. Ties, Henry de, 22 Edw. the first. *Thorpe, John de, 2 Edw. the second. Twenge, Mafmaduke, 22 Edw. the first. Twenge, William, 18 Edw. the second. Tibetot, Paganus, 1 Edw. the second. Tibetot, John de, Tibetot, Robert de, Tiptoft, John, . . Tone)', Tregoz, John de *Tregoz, Henry de. 9 Edw. the third. 42 Edw. the third. 4 Hen. the sixth. 27 Edw. the first. 25 Edw. the first. 22 Edw. the first. *Tregoz, Thomas de, 1 1 Edw. the second. Trussel, *Trikingham, Tuchet, William, Tuchet, John de Audsey. 22 Edw. the first. 8 Ed^. the second. 28 Edw. the first. 5 Hen. the fourth. Valence, Aymer de, 25 Edw. the first. Vaux de Harrodon,* 25 Hen. the eighth. *Veel, Peter de, Verdon, Theobald, *Verdon, John de, *Vesci, John, Vesci, WiUiam, Vere, Hugh de, Vesci, Ufford, Ughtred, Umfravill, Comes de Angus, Urtiaco, Henry, (Vide L'Ortie). *Uvedale, Peter de. Vavasor, WiUiam, Vavasor, Walter, (These names are printed Index). 16 Edw. the third. 22 Edw. the first. 6 Edw. the third. 49 Hen. the third. 23 Edw. the first. 27 Edw. the first. 49 Edw. the thitd. 2 Edw. the second. 17 Edw. the third. . 23 Edw. the first. . 25 Edw. the first. 22 Edw. the first. 6 Edw. the third. 27 Edw. the first. 7 Edw. the second. omitted in Dugdale's Wahull, . . . . 25 Edw. the first. Wake, . . . . 23 Edw. the first. *Walleys, . . 14 Edw. the second. Warde, Robert de La, 28 Edw. the first. Warde, Simon deLa, 18 Edw. the second. Warre, Rogerus La, 22 Edw. the first. *Wateville, . . 20 Edw. the second. Welles, . . . . 27 Edw. the first. Welles, Richard de ] Willoughby. |33 Hen. the sixth. Welles, John, 1 Viscount." I 3 Hen. the seventh. Wenlock, John de," 1 Edw. the fourth. Wentworth, de Net-1 tlested. J 21 Hen. the 8th. West, Thomas, 16 Edw. the third. a This barony has lately been allowed by the House of Lords as created by writ of summons. b This title is said to have been created by writ and not by patent. <: This is doubtful whether by writ or patent to heirs male of his body. Bb 190 BABONES PBETERMISSI. West, Reginald de 1 X ,,- f 5 Hen. the sixth. La Warre. J Wharton, . . 35 Hen. the eighth. *Whittington, . . 25 Edw. the first. WidviU, Anthony,^ Dom. de Scales.' Wilington, John, 3 Edw. the third. Wilington (Ralph 1 de, com. Devon.) 3 Williams, John, . . 1 Ph. and Mary. Willoughby de Eresby, 7 Edw. second. Willoughbyde Broke,? Hen. the seventh. N.B. OMITTED BY DUGDALE. Windsor, William, 5 Ric. the second. N.B. — OMITTED BY DUGDALE. Windsor, Andreas, 21 Hen. the eighth. Wodstoke, Edmund, 14 Edw. second. • 2 Edw. the fourth. 16 Edw. third. 1 = 2 Edw. second. Zouche (Alan de Ashby) 25 Edw. first. Zouche (William de Haryng\vorth) Zouche (William de Mortimer, sivede^ 17 Edw. second. Castro Ricardi) Note. — In this index the names only of the first persons summoned has been inserted, to show when the title com- menced ; the succession thereof being recited in the text, or account of the family, which vide. It is to be observed, that, although Dugdale has noticed in his said index, the names of divers earls and barons summoned to be at Newcastle-upon-Tyne, equis et armis, anno 1 Edw. Ill, he has omitted that of Galfrido Wyth, inserted in the same writ. So also are omitted in the index, the following names which appear in the writ of summons of the 24 Edw. I., among those of divers barons therein recited, viz : Ralph Wake Richard Windsor Richard de Coleshull Walter and Lawrence Pa%Tlli Galfrido Stowey Ino. Cogan Robert de London Ino. Pabenham, Junr. Ino. de Mortein Rob. Russell Ranulph de Rye Tho'^- de Wyneslee Richard de Ken Ino. de Acton Nicholas filio Radulphi Although this was evidently a writ of service, equis et armis, yet as those persons were summoned by the same writ as the earl of Norfolk and divers barons, who are noticed in the index, the omission is the more particular for observation. [191] SYNOPSIS OF TITLES GENERALLY SUPPOSED EXTINCT, BUT WHICH THERE IS REASON TO BELIEVE ARE ONLY DORMANT. Tlie preceding pages have been confined to an account of those persons who though omitted notice by Sir Wilham Dugdale in his Historj- of the Baronage, liave neverthe- less had mention made of their names in his lists of summons to parUament. The fol- lowing recital of peerage dignities, created by patent with a defined limitation of their course of descent, in which the heirs of succession are supposed to have failed, is presented with a view to show, that the said honours are probably only dormant, but not totally extinct. In mentioning however the earldoms of Angus, Athol, and Buchan, they form a peculiar point of notice, inasmuch as they have never before been treated of by any peerage writers as coming within the denomination of EngUsh earldoms ; no earldom, as asserted, ha-\-ing at any time been created by writ of summons. Yet provided a writ of summons, with a sitting in parliament, can consitute a personal descendable barony, the same principle of law is applicable to an earldom, where no charter, or patent of special limitation, can show a contrary creation. These earldoms may therefore be presumed to form precedents against the opinion hithereto entertained on this subject. ANGUS. This, formerly, was one of the most ancient earldoms in Scotland, and as Douglas* * Doug, Peer says existed, according to Chalmers, in the person of Dubican the son of Indechtraig, °^^''°^- who died A.D. 939.t ^ Caledonia Gilchrist was earl or Angus in the time of Malcolm Canmore, from which Gilchrist ^' ^^^• descended Malcolm, fifth earl of Angus, who married Mary, daughter and heir of Sir Humphrey Berkeley, knight, by whom he had a daughter.J + ooug. Matildis, countess of Angus, who succeeded to his estate, and title. She married. "' !!"?• ^' ^' p. 62. first, John Cumin, who, in her right, bore the title of earl of Angus. He died in France, 192 SYNOPSIS OF in 1242, leaving a son Bertrald, who died a child, in 1243. The countess married secondly, in the same year (1243), Gilbert de Umfra\'ille, baron of Prudhoe, in England, who, in her right, was earl of Angus. He died shortly after, in 1245, leaving, as said by Matthew Paris, his son and heir of tender years, — his mother the countess surviving. Gilbert de Umfraville, only son of Gilbert and the countess Matildis, when he came of age, was one of the principal noblemen of his day, as well from his great possessions in England as in Scotland. He was one of those nobles who swore to ratify the mar- riage contract of Margaret, daughter of the king, Alexander III., with Eric king of Nor- way, in 1281. He was governor of the castles of Dundee, and Forfar, and of the whole territory of Angus, in 1291, when the competitors for the crown of Scotland agreed that seisin of that kingdom should be delivered to king Edward I. On this occasion the earl declared that he had received his castles in charge from the Scotish nation, and that he would not surrender them to England, unless king Edward, and all the competitors en- tered into an obligation to indemnify him. These conditions being submitted to by all the parties, may account for the ground on which king Edward afterwards conferred upon him the title of earl of Angus, as an EngUsh earl, by summons to parliament the twenty-fifth year of his reign. It is here to be observed that the lawyers of England were somewhat startled at this creation, and refused in their brieves and legal instruments to acknowledge him earl, asserting as an objection, that Angus was not within the kingdom until he had openly produced in the face of the court, the king's writ, whereby he was summoned by that title. He cUed the 31 of Edw. the I., having continued during his life to be summoned to parhament as earl of Angus, along with the other earls of the realm. Robert de Umfraville, his son and successor, had the hke summons during his life, so that it must be admitted, that the earldom of iVngTis was an EngUsh earldom created by writ of summons, and is now vested in abeyance, among the coheirs general descended from him ; of whom, for a further narration, the reader is referred to the article of Umfraville, in the first volume of this work. ATHOL. This earldom was also of Scottish origin, in the person of Madach, son of king Don- ald Bane, in the reign of king Alexander the first. His grandson Henry, third earl of Athol, died in the reign of Alexander the second, leaving three dauo-hters, whereof, the eldest (whose name is not mentioned) married Alan de Londo- niis, who in her right was the fourth earl of Athol, and died s.p.* Doug. V p. 132. ' ' ' Isabel, the second daughter, mamed Thomas of Galloway, (brother to Alan, lord of DORMANT TITLES. 193 Galloway), who in her right became fifth earl of Athol.* He died in 1312, leaving a son * ■Sutherland Add. Case. Patrick, the sixth earl, who is said to have been murdered at Haddington, in 1242, being then a youth of very distinguished accomplishments. He died s.p. Fernelith third daughter of earl Henry, succeeded her nephew earl Patrick, and became countess of Athol. She married David de Hastings, (of the great family of Hastings in England) ; which David in her right became seventh earl of Athol ; he died at Tunis, in a crusade, fighting under the banners of Louis IX., king of France, a. d. 1269, leaving issue an only daughter and heiress Ada, countess of Athol, who married John de Strathbogie, and carried to him the earldom of Athol," and had issue David de Strathbogie, ninth earl of Athol, who married Isabel, one of the co-heirs of Richard de Chilliam, by Rose de Dovere his wife, and died shortly after his father, who deceased in February, 1263-4, leaving John de Strathbogie his son and heir, tenth earl of Athol, whose son and heir David de Strathbogie, eleventh earl of Athol, was by that title summoned to par- liament as an English earl, the 15 Edw. II., and had the like summons to his death, the 29 Edw. II., when he was succeeded by his son, another David, twelfth earl of Athol, and second of the English creation, who had similar summons to parliament during his life, and as such may be justly esteemed to have ac- quired an earldom descendable to his issue general, of whom mention will be found in the first volume of this work. Dugdale asserts that he had summons to parliament among the barons of England from the 15th to the 20th of Edw. II. ; but on referring to the writs, it will be found that his name is always inserted among the earls (as earl of Athol), and never among the barons. This may evidence his rank as an English earl. The following two tables will show the descent of the earldoms of Angus and Athol, till they came to the famihes of Umfraville and Strathbogie. ANGUS. Gilchrist, earlof Aiigus, temp. Malcolm Canmore, K. of Scotland circ. 1120=y:FynbeUa, a sister of the Thane of Mearns Gilbrede, 2nd earl of Angus, ob. circ. 1180.=p dau. of Patrick, earl of March. ' : — ; . ,, I ; — ' rri 1 — r 1. Gilchrist, 3rd earl=y: 2. Magnus, eail 3. Gilbert, ancestor 4. Adam. 5. William. of Angus of Caithnes. of the Ogilvys. 6. Anegus. I Duncan, 4th earl of Angus.^p a a Duncan earl of Fife, his grandfather having obtained the lands of Strathbogie from king William the lion, settled them on David his third son, who assumed his name from the said lands, and was father of this John de Strathbogie earl of Athol. 194 SYNOPSIS OF r Malcolm, 5th earl of Augus.^Mary, daughter and heir of Sir Humphrey Berkeley, knight. H John Cummin, earl of Angus, jure=pMatildis, daughter and heir^Gilbert de Umfraville, bar. of Prudhow, earl of uxoris ob. 1242. 1st husband. | Countess of Angus. I Angus, jure ux. ob. 1245. 2nd husband. .r-. -" r Bertrald, only child, ob. Gilbert de Umfraville, only son and heir, summoned to the parliament of infans, 1243. England as earl of Angus, 25 Edw. I, ob. 31 Edw. I. Issue vide vol. i. ATHOL. Madach," 1st earl of Athol.T= daughter of Haco, earl of Orkney. Malcolm, 2nd earl of Athol.=pKertilda r -> Henry, 3rd earl of Athol, ob. temp, king Alexander 11.= (-- 1 1 1. N. N. Eldest dau. mar. Alan 2. Isabel.=pThomas de Galloway, 3. Furnelith.=pDavid de de Londoniis. s. p. | ob. 1231. | Hastings. I ' r ' Patrick, only child, ob. s. p. 1242. Ada, countess of Athol, only d. & h.^John de Strathbogie, earl of Athol. ju. ux. I . _— David de Strathbogie earl of Athol.=T=Isabel, one of the co-heirs of Richard de Chilham, by Roere de Dover his wife, I John de Strathbogie, earl of Athol, obiit 1306.^ ^ U '. ^J David de Strathbogie, summoned to parliament as an English earl the 15 Edward II., his name being entered in the writ between Edmund, earl of Kent, (the King's brother), and John de Britannia, earl of Richmond. Vide vol. i. » Douglas refers to a note by Chalmers (Caledonia, 1, 425), wliich say3 he had a son Madach, the second father of Malcolm. BUCHAN. This was an ancient Scottish earldom, in the family of Cumyn, whereof Alexander, * Douglas, earl of Buchan is said to have left two daughters his heirs, — of which Alice the eldest ■■'''■ ■ married Henry de Beaumont, an English baron ; and Margaret the youngest daughter wedded Sir John de Ross, son of the earl of Ross. Henry de Beaumont being thus earl of Buchan, jure uxoris, is so designated in Rymer's Foedera ; with her he acquired the manor of Whitwicke, in the county of Leices- ter and divers other lands in England ; and moreover by the title of earl of Boghan (i. e. Buchan), was summoned to the parliament of England, the 7 Edw. III., in which writ his name is mentioned along with David de Strabolgi, earl of Athol, and Gilbert de HumfraviUe, earl of Angus, being the last of the three earls ; from this time to the 14 of Edw. III., his name is similarly recited in the parliamentary summons — from which continuation, it must be inferred that he was created an English earl, for otherwise he could not be intitled to have that rank in parhament with the English nobility; and there DORMANT TITLES. 195 does not appear upon record, any patent or charter creating him an earl. His title thus arising from his writ of summons, must he considered like that of a haron emanating from the same source, to be descendable to the heirs general coming from him and still existing in them, unless barred by any attainder or legal impediment ; but which, from the late decision of the house of Lords, upon the claim of Mr. Stapletoii to the barony of Beaumont does not appear to be the case.* * Vide ^^ Beaum, Vol. I. ARUNDEL OF Trerice. Tliis barony created by letters patent, in 1663, has been generally supposed extinct ; but an heir male is believed to be existing in a very humble situation of life. BANBURY. Respecting the right of inheriting this earldom, there has long prevailed a great dubiety, by reason of the controversial question of the legitimacy of the sons of the first earl ; but this question is considered to have been determined by the resolution made in the lords' committees of privileges, against the claim of the late General Knollys, the heir male representative of the said sons ; yet upon this decision much controversy of legal opinion prevails. BRACKLEY and BRIDGEWATER. Though the title of earl of Bridgewater is generally presumed to be extinct, there is some doubt whether the prior created title of Viscount Brackley, has not some remote heir of the Egerton family still existing, with a claim thereto ; but when the great hono- rial estates have passed away, claims of such a kind are beyond the power of indigent parties to prefer, and therefore expire by constrained necessity. BUCKINGHAM. The title of earl of Buckingham, first conferred by king James I., on his favorite Sir George ViUiers, is represented to have been limited in remainder to his brothers John and Christopher ViUiers, and his sister Susan, who married William, the first Lord Field- ing, and afterwards earl of Denbigh, in whose descendant the present earl, the title of earl of Buckingham is thought to be vested. 196 SYNOPSIS OF It is to be observed that the Hobart family bears the title of earl of Buckinghamshire, not of Buckingham. CHANDOZ. This barony, claimed some years ago by the late Rev. Tymewell Brydges, without effect, is still supposed to be dormant, but not extinct. There are several persons who consider they have a claim, but the great expense of pursuing it before the Attorney- General and a Committee of Privileges in the House of Lords, presents an insuparable obstacle against a man in humble circumstances of life. DELAMERE. Sir George Booth of Dunham Massey, in the county of Chester, was created baron Delamere, in 1661, and his son Henry, was advanced to the dignity of earl of Warrington, 1690; the earldom became extinct in 1738, but the barony of Delamere is beheved to be dormant in some distant heir male. Tliere are several of the name of Booth, who have frequently been mentioned as ha^'ing pretension to the title. EURE. This barony is supposed dormant, but not extinct, and probably vested in some per- son of low property and condition of life — ignorant of his right — and even, if knowing, not in any circumstances to prosecute it. FAUCONBERG. This barony was conferred in 1627, by king Cha. I., on Sir Thomas Belasyse, bart., who was afterwards, in 1627, advanced to the title of Viscoimt Fauconberg; and his descendants subsequently further elevated to the title of earl, — that dignity became eventually extinct, but the barony and viscounty continued: the last viscounts were Roman Catholic Priests — ^brothers, who succeeded each other. On the death of Charles, the sur- vivor of them, in 1815, the titles have been supposed to have terminated ; but a distant heir male is yet imagined to exist, who some years since was resident in the United States of North America. The male line is hoM'ever by no means to be deemed as expired. DOKMANT TITLES. 19? GAINSBOROUGH. This is another peerage of which there is much doubt as to having become finally extinct, either in the barony of Noel, or earldom of Gainsborough. Tlie special remain- ders in those creations giving ground for this doubt. HUNSDON. This barony, first created in the person of Henry Carey, son of Mary sister to Queen Anne Boleyne, (mother of Queen Elizabeth), is presumed to have become extinct in 1765, for want of issue male. The vicissitude of fortune in this famiy deserves notice. Robert Carey, the seventh baron, on succeeding to the honour, is represented to have been in the very humble grade of a weaver. The heir who may be now extant, not impro- bably may be in a situation of life not superior, and equally unaware of the rank to which he has a right. Tliere is a Mr. Carey, an eminent bookseller at Philadelphia, to whom report gives a descent from a branch of the Hunsdon stock ; but the male hne is most probably in the Dutch Netherlands, where the weaver's family were resident. JEFFERYS. It has been stated, that the popish chancellor, the first lord Jeffer}'s, had a younger son, who after the retirement of king James II, (commonly called his abdication), was in the service of that imfortunate monarch, and resided in France : the unpopularity of his father, and the execration to which his name had been consigned by the revolutionary party, enforcing his exile from his own country. In France he is said to have married, and had issue several sons, from whom, if any male issue is extant, the heir would be intitled to the Jeffery^s Peerage. KINGSTON. Though the title of duke of Kingston maj' be perfectly extinct, it does not follow that the previous creation of xascomit Newark and earl of Kingston is also extinct. There is a family of Pierrepont, which was among the early' emigrants to America, where they became settled, and are now resident. A Mr. Pierrepont, of Brooklj-n, on Long Island, has a very considerable landed property. He claims descent from the Peerage House with miich apparent grounds ; but his pedigree wants the legal evidence to connect his hne with that of the first creation : yet there is no donbt of his derivation from the same family, of which, not unUkely, he is at this day the heir male representative. CO 198 SYNOPSIS OF LEICESTER DUDLEY. Sir Robert Dudley created earl of Leicester by queen Elizabeth, according to Dug- dale and other peerage writers died without legitimate issue ; but it seems, that the son whom he stiled in his will his base «ow, was afterwards in the reign of James the I. allowed to have been legitimate. This son lived in the territories of the Grand Duke of Tus- cany, by whom he was created a duke, and where he is stated to have married a daughter of Sir Robert Southwell, of Wood Rising, in Norfolk, and to have had issue male by her, which if so, and they were lawfully born, may raise the question how far, pro- vided there remain any heir male representative of them, the Dudley title of Leicester is now extinct, notwithstanding the said title of Leicester was subsequently conferred upon the family of Sydney." There is a most respectable family named Dudley, resident in the United States of North America, said to be descended from one of those sons. LEICESTER SYDNEY. How far this earldom, which was given to Sir Robert Sydney, nephew to the before named Dudley, earl of Leicester, on his presumed death without legitimate issue male, may be extinct, is a point of much doubt, there being several persons of the name of Sydney who are reputed descended in the male line from the peerage house, and a branch also resident in the United States. Many years after the death of Jocelyn Sydney, the seventh and considered the last earl of Leicester of his family, a Mr. John Sydney, styling himself son and heir of the said earl Jocelyn, preferred a claim to the earldom, as also to Penshurst Park, and pre- mises in the county of Kent. This claim came on by a trial at bar on a writ of right in the Court of Common Pleas, the 11 Feburary, 1782. On this occasion Mr. Sydney claimed as son and heir of Jocelyn, late earl of Leices- ter, who was seised in fee of the said premises, and other considerable estates ; but having so claimed, it was answered by the tenant that the said earl Jocelyn had by will given his estates away from him the heir at law, which if seised in fee, he was enabled to do. The demandant failed in his claim ; though had he set forth that earl Jocelyn was only tenant for life, with remainder to his issue male, and that he was such issue male, he might have been more fortunate. But the great point in the case, namely, his legiti- macy, was not called in question, his demand being defeated by the tenant's answer. The Lord Chief Justice (Loughborough) on summing up said : — a Vide printed letter to Lord Brougham respecting the Courtenay earldom of Devon, which title had been given to other families, on the conclusion that it had become extinguished in that of Courtenay. DORMANT TITLES. 199 " Gentlemen of the Grand Assize, what has passed in court has made it very un- necessary for me to say anything more to you upon tliis subject than this, the single question is, whether the person in possession is intitled to hold that possession against the claim of one who has proved to you in court, as it is admitted, that he is the son of Jocelyn, earl of Leicester, and that Jocelyn, earl of Leicester, was seised in fee of the estate. Tliat estate he has devised away by a will duly executed, therefore there is a mere impossibility the demand can have any right ; therefore you will not in this case find any difficidty in finding your verdict for the tenant. " Jury — we are all agreed the tenant has the Ijetter right." '^ LEIGH OF Stoneley. This barony which had been looked upon as extinct, was claimed a few years since by a person who deduced his descent from Christopher Leigh, a fourth son of the first created peer, and who asserted that a monument to the memory of the said Christopher had been withdrawn, in some clandestine manner, from the church wherein it had been erected, for the Avilful purpose of suppressing the inscription it had thereon, setting forth the issue of that person, and which, had it been remaining would have proved the claim- ant's pedigree. The evidence adduced before the Lords' Committee of Privileges on the hearing of this case was of a most extraordinary, and conflicting nature ; but the result was, that their lordshii:)s resolved against the right of the unfortunate petitioner. Without commentary on this decision, it may suffice to observe, that there is every reason to be convinced the title is not extinct, though the heir male may be an individual whose means are not adequate to contend with the powerful influence of the party which possesses the estate, co-descendable with the Leigh peerage. MONTAGU. The viscounty of Montagu was supposed to have become extinct upon the death of Mark Anthony Bro-n-ne, the ninth ^ascount, s.p., in 1797. But a petition of claim is now by his Majesty's order of reference, before the Attorney General, for his repoi-t. NORTHUMBERLAND. The ancient earldom of Northumberland, in the Percy name, has ever since the death of Jocelyn, the eleventh earl, who died in 1670, s. p. m., been considered ex- » These proceedings are enrolled of record in the Treasury of the Covirt of Common Pleas, at Westminster, on two foUo rolls, No. 441,-442.— Easter Term, 21 Geo. III. 200 SYNOPSIS OF tinct. Without making any comment upon tlie pretension of James Percy, who at tlie time was denominated an impostor,^ there is great reason to believe that a true heir male is still existing, either in the family of Percy in Belgium, or in the United States of North America. When at Brunswick, in the province of Maine, the author of this breviary saw, in 1825, two fine young men of the name of Percy, who, in their lineaments had a strong likeness to the portraits of the celebrated Hotspur, Lord Percy. It is to be re- marked that, George Percy, a younger son of the then earl of Northumberland, was among the early adventurers in the settlement of Virginia, along with the lord Delawarre, by whom, on his departure, he was left deputy governor of the colony. The Percy pedigree represents this George Percy to have died s. p. ; but in the ab- sence of any good authority to prove that fact, the before mentioned young men, from the long settlement of their family in that country, seem to warrant the presumption of their descent from the Northumberland house of Percy.'' OXFORD. The earldom of Oxford, which for twenty descents continued in the male line of Vere, and is supposed to have expired upon the decease of Aubrey de Vere, the twentieth earl, in 1 702, s. p. m., has been said to have an heir male yet existing — a circumstance more probable than otherwise ; but the once large estates of the family, and the high office of hereditary great chamberlain of England, having passed away by female heirship, the object of claim to an empty title, shorn of its ancient splendour, does not form such an incentive to claim it, as would be commensurate to the expense of the investigation of so long a pedigree; and this consideration has more contributed to keep back the heir male, than the perfect extinction of that line. PERCY OF Egremont. Tliomas Percy, third son of Henry, second earl of Northumberland, was created lord Percy of Egremont the 28 Hen. VI., to hold the said title to him, and the heirs * Baronage male of his body, — but according to Dugdale,* died the 38 of Hen. VI. without wife or Vol. I. p. 286. igsue. But from evidences at Northumberland House, among the records of the family, a Vide the article of Percy, in the fourth, or supplemental volume of the Dormant and Extinct Baronage. — Edit. 1837. b Vide interesting account of the Lord Willoughby, of Parham, in vol. 3 of the Dormant and Extinct Baronage. —Edit. 1809. DORMANT TITLES. 201 it is dearly established that he had issue a son John, though the name of his wafe is not mentioned. This John is supposed to have dechned talcing his father's title in conse- quence of the diminution of his fortune in the wars between the Houses of York and Lancaster, during which his father was slain. What became of this unfortunate person, there seems no further account to be found in any genealogical, or other history ; yet, there is reason to beheve that he lived in retirement, married, and had issue ; for in Drake's Antiquities of York,* there is a plate representative of the following portraitures * p. 30G. depicted on painted glass, in one of the windows of the church of St. Dionyse, in that city, where, in Walmgate, the earls of Northumberland had a mansion, viz : — 1, George Percy, Dom. Egremont. 2, Dom. Marg' Percy. 3, Dom. Agnes Percy. 4, Sir Ralph Percy. 5, Richard Percy. 6, George Percy, apparently a youth. These uidicate that George, lord Egremont had issue ; that Dom. Marg' Percy, the first female was his ivife ; and the others his children, — hence a question, whether his male issue has utterly failed ? WILLOUGHBY of Parham. An interesting account of this barony is to be seen in the 3rd volume of the Dor- mant and Extinct Baronage of England. It is presumed to have become extinct in 1779; but it is more probably stUl existing (though unclaimed) in the family of Willoughby, resident in the United States of America, %vith which the editor became acquainted when in that countr}', in 1825. It is to be recollected that the baron who died in 1779, was descended from Ambrose Willoughby who emigrated to America, and was second son of Charles, the second baron, but whose line not having been heard of for ver}- many 3'ears, was concluded to have failed of issue, and as such was supplanted by a younger branch. But (as shown in the before cited volume) afterwards re-acquired its rights.^ WILTSHIRE. It admits of doubt how far this title of earl of Wiltshire does properly belong to the marqviis of Winchester. TNTien William Paulet, the first peer of the family, was » An observation here obtrudes itself, how far, when Thomas Willoughby was summoned to parliament as lord Willoughby, on the presumption that the issue male of Ambrose, eldest brother to Charles, his grandfather, had become extinct, did by virtue of that writ of summons acquire a barony in fee, as a distinct creation. He not being the right heir of succession, as shown by the decision of the House of Lords, when Heni-y, the descendant and heir male of the body of the said Ambrose Willoughby, afterwards claimed and was allowed the peerage, the Lords declar- ing that the previous barons Willoughby had sate near one hundred years without right. — Vide Case of de Clifford, Barony cor, Dom. Proc. 202 SYNOPSIS OF advanced to the title of marquis of Winchester, he resigned the earldom of Wiltshire to which he had been pre^aously raised ; and a vacatur was entered on the roll accordingly. That the said earldom was looked upon as thereby vacant is manifested by the fact that the first lord Hunsdon (who was first cousin to queen Ehzabeth) coveted it, because, before it had been conferred on Paulet, it had been given by king Hen. the VIII. to Sir Thomas Boleyne, father to queen Anne Boleyne, and of his (lord Hunsdon's) mother, Mary Boleyne. But the queen who was not so liberal in granting honours as his late majesty Geo. the III., was deaf to his application, which refusal is recorded to have so affected him, as to bring on his death, which when Elizabeth was told was approaching, hastened by his acute feeling of disappointment, she is said to have personally visited him with the charter of creation, and coronet on a crimson cushion. The old baron however was broken hearted, and answered her majesty thus, "Madam, seeing you counted me not worthy of this honour ivhilst I was living, I count myself unworthy of it now I am dying? Lord Hunsdon was interred in Westminster Abbey, where a sumptuous monu- ment remains erected to his memory ; which when shown to visitors of that Dormitory of earthly grandeur, is always accompanied with the before mentioned story. The resolution of the House of Lords made in the Purbeck case, respecting the surrender of titles, was long after the time of Paulet's surrender of the earldom of Wilt- shire, and was not retrospective as to such honours as had theretofore been resigned into the hands of the crown.'' It may not be irrelevant to remark, that while the lords were so careful and zealous to secure the continuation of their peerages from the caprice of an individual, who from spiteful or malignant motives, might be inclined to disappoint an heir from the right of succession thereto, the law of recovery should be allowed to prevail, whereby an estate tail may be barred, and thus the high dignity of a peer of the realm be left without a sixpence of property to support its rank, as in the instance of various noblemen of the day may be pointed out. a Vide the article Hunsdon, in Vol. III. of the Dormant and Extinct Baronage, b Paulet's resignation was in consideration of an higher dignity ; but that of Villiers, Viscount Purbeck, was to prevent the succession of the title, and extinguished it. [203] SCOTCH TITLES. The Peerage of Scotland, with respect to its course of descent, differs greatly from that of England, as may be seen in the very extraordinary limitations mentioned thereof by Douglas, Crawfurd, and other Scotch genealogical writers. The power of surrender of their titles ad libitum, and the re-acquirement of them for new enfeoffment or limitations by charter of novo-damus, forms a peculiar feature, and renders many so very complex as to make difficult of construction the right vested in them, for those who sometimes become claimants to th.eir succession. If is to be observed, that of the various peerages attainted for the Rebellion of 1715 and 1745, some of them were not altogether so forfeited as to become absolutely extin- guished ; but were merely suspended during the existence of issue'from the bodies of the attainted persons, after whose expiration the line of succession opened upon the collateral heirs, to whom the respective honours by their charters of creation were des- tined to descend on die event of such failure. The Records of Scotland having been carried away by Cromwell, Sir Archibald Primrose, then Lord Registrar of Scotland, applied to have them returned, and they were accordingly put up in casks ; but the earl of Clarendon imagining that the original cove- nant signed by the king was amongst them, and being apprehensive an iU use would be made of that paper, if it was re-acquired in Scotland, unpacked the casks to search for it, although Sir ^Vrchibald promised to look carefully for it when they came down, and to send it up by a special messenger. It was not however found upon a search made ; and so much time was lost therebv, that the records were afterwards sent down in winter, and the vessel (the Eagle) was cast away near Bemack, by which misfortune the greater part of them were entirely lost, and such as were saved, were so damaged by the salt water, as to be rendered almost miin- telligible;and sixteen leaves of the Register of the Great Seal are said to be still wanting, in which some patents of nobility are supposed to have been inscribed. It may deserve notice, that by the 11 of Hen. VII., it was enacted that no person should be attainted of treason for having adhered to that king who should be in possession for the time, though he should be afterwards declared a usuper. This act was solely 204 SYNOPSIS OF English; yet the justice of it might, in the administration of mercy, be considered to have an interesting reference to those imfortunate noblemen, who were made victims for their adherence to the cause of their lawful sovereign king James the second. THE FOLLOWING NAMES OF SCOTCH DORMANT TITLES MAY BE CONSIDERED OPEN TO CLAIM : Those thus marked * are under claim. *Annandale, Marq. *Lenox, Earl. *Annandale, Earl. Lindores, Bar. Balmerino, Bar. *Lovat, Bar. *Borthwick, Bar. Lyle, Bar. BothweU, Earl. Linlithgow, Earl. Biu-leigh, Bar. *Marchmont, Earl. Calendar, Earl. *Melfort, Earl. Carlisle, Bar. *Menteith, ifarl. Carnwath, Earl. Middleton, Earl. Cromartie, Earl. Nithisdale, Earl. Dudhope, Bar. Ochiltree, . . Bar. *Dufrus, Bar. Oliphant, Bar. Dunbar, Earl. Oxfurd, Bar. Dundee, Bar. Panmure, Earl. Dumfermline, Earl. *Perth, Earl. Findlater, Earl. Pitsligo, Bar. Forth, Bar. Pittenweem, Bar. Frendraught, Bar. Preston, Bar. Glencairne, Earl. Rutherfurd, Bar. Herries, Bar. Seafield, Earl. Holyroodhouse, . . Bar. Southesk, Earl. Hyndford, Earl. Spynie, Bar. Kenmure, Earl. ^Stirling, Earl. Kilmarnock, Earl. Torpichen, Bar. Kincleven, Bar. Traquair, Earl. Kirkcudbright, . . Bar. Wigtown, Earl. Kylsyth, Bar. Wintoun, Earl. *Lenox, Duke. DORMANT TITLES. 205 Of these titles, several are at present under claim ; with the addition thereto of tlie earldoms of Lindsay and Crawford, which latter have been long pending. The claim to the dukedom of Lenox, preferred by the late earl of Damley, and sus- pended proceeding by his death, and the minority of lus son and heir, embraces a question of rather an intricate nature, there being very few cases in the >Scotcli peerage, as applicable to the point on which the dukedom is claimed. The barony of Burleigh seems to present a precedent ; but much of the argument on tlie part of the claimant is endeavoured to be supported by analog)' to EngUsh titles, created by writ, where the right of succession descends to heirs general of the body of the person first summoned to parliament ; the writ not containing any precise or limited course of succession. IRISH PEERAGES. The most ancient baronial titles in Ireland appear to have had their origin from the same foundation, as the similar honours were at that early period enjoyed in England, namely, either the possession of land, or by writ of summons to parhament. But the pos- session of land constituted the baronial dignity in the reign of Hen. the II., when the first invaders, or adventurers, went into that kingdom from England ; afterwards, as the constitution of parliament became better regidated, and rendered conformable to the practise of assemblage in England, these great landliolders had their writs of summons in similar form to those of the English barons, and were thereby called to legislate with the earls and great noblemen in their own kingdom. Assuming this to be the nature of the first Anglo Irish Baronies, it follows to be considered whether the subsequent writ of summons (which most certainly emanated from, or was the consequence of the temu-e) did by virtue thereof constitute a baronial peerage, descendable in the blood of the per- son summoned, independently of his possession of the land. In a claim to the ancient Irish barony of Slane, some time since pending before the lords' committee of privileges, it is set forth that the heirs male, who continued to inherit the estates of Slane, were always summoned to parliament as Irish barons : whereas had the Dd 206 SYNOPSIS OF first of the family summoned to parliament been created a baron by that writ of sum- mons, then the heirs general would have been intitled to the succession in preference to the heir male. But it would rather seem, that the origin of the peerage arose from the possession of the estates, which, by reason of some entail, descended unto the heir male : who thereby acquired a kind of prescriptive right, which depended upon the con- tinued inheritance of the lands, and terminated when the possession ceased. But no decision was finally made in behalf of the contending claimants. No creation of a baron in Ireland by patent is on record, till the 2 Edw. IV., (1462), when Sir Robert BarnwaU was created baron of Trimleston, by patent under the great seal of England, to hold to him, and the heirs male of his body. The first earldom granted in Ireland was that of Ulster to John de Courcy, but the charter it seems, is not at this day extant. On his forfeiture, the earldom was given to Hugh de Lacy, to hold to him "et haredibus suis," similarly as it had been given to John de Courcy. By the heir female of Lacy, it came to Lionel, duke of Clarence, in right of his wife, and by his heiress eventually to the crown, in the person of king Edward the IV. The next earldom conferred, was that of Carrick to Edmund le Botiler, (9 Edw. II.) to be enjoyed by him and his heirs for ever. But although this earldom was so limited, yet in the same year (9 Edw. II.) the title of earl of Kildare was created in the person of John Fitz-Thomas, with restriction to him, and the heirs male of his body ; being the first instance of a creation to heirs male in Ireland. The next was that of the earl of Louth, 12 Edw. II.; from which period Irish peerage honours, excepting a very few baronies, were Hmited to the male fine of succession. The following list is considered to contain the names of some titles in the Irish peer- ages which are rather dormant than positively extinct, and of which several are under claim. Athenry — Reported by the Attorney-General of Ireland, to be in abeyance. Baery — Supposed an ancient barony by writ. Barrymore — An earldom, the superior title of the Barry family. BuLKELEY — The viscounty. BuTTEVANT — The second title of the earl of Barrymore. Cruys — A barony by summons. CusAC — A barony by summons. De la Hide — A barony by summons. Delvin — Barony by summons, reported in abeyance, November, 1800. Fairfax — ^The viscounty. Fitz-William — The viscounty. HowTH — Barony by summons, feU into abeyance on the death of Edward, the 18th baron, s. p. m., anno 1549. DORMANT TITLES. HussEY of Galtrim — Barony by summons. Kerry — The barony supposed by writ of summons. KiLLEEN — A barony by summons, reported to be in abeyance, March, 1813. KiNSALE — Although this ancient barony has been allowed to the heir male, yet, not any patent for such limitation is known to be upon record, and it is pre- sumed to have been admitted under a misconception of the original creation of the honour. Le Fleming — A barony contended to have had its origin by writ of summons. Montgomery and Mount Alexander — These two titles, the first of %-iscount, the second of earl, are vested in the same Une of male descent, and are sup- posed to have an heir still extant, but the family estates are gone into the hands of strangers. RossE — The earldom and viscounty in heirs male. Slane — A barony asserted to have been created by writ of summons ; so claimed by one party, and contra-claimed by another. No decision. Tracy* — The viscounty under claim. Upper Ossory — A barony and earldom considered extinct on the death of the late earl. 207 BARONETCIES. The Order of Baronets being a degree of rank inferior to that of the Peerage, and not invested with similar privileges, to render it desirable beyond the enjoyment of an empty title, dictated by vanity and ambition, has occasioned many of the baronetcies to be con- sidered as extinct, from the heirs of succession not continuing the use of the title, pro- bably from decayed circumstances, and the ancient landed patrimony either sold, or passed away into female heirs. In the case of inheritable honours, it is much to be regretted, that the actual pos- session of a certain landed estate, of value according to the rank conferred, should not be made the basis of qualification, and limited to descend inalienably with the patent of creation. Rank would not then be disgraced by poverty, as in too many instances, it unfortunately is at the present day. 208 SYNOPSIS OF The following list of baronetcies is considered to contain the names of those which are dormant rather than extinct. Adams of London, created 13 June, 1660. Belasyse of Newborough, county of York, created 29 June, 1611. Bellingham of Hilsington, county of Westmoreland, created 30 May, 1620. Birkley of Attleborough, county of Norfolk, created 3 September, 1661. Bland of Kippax Park, county of York, created 30 August, 1642. Bolles* of Scampton, county of Lincoln, created 24 July, 1628. Booth of Dunham Massy, county of Chester, created 22 May, 1611. Boreel of Amsterdam, created 21 March, 1644. Briggs of Haughton, county of Salop, created 12 August, 1641. Brown of London, created 14 December, 1699. Brown of Edinburgh, created 24 Februarj^, 1 709. Burton of Stokerston, county of Leicester, created 22 July, 1622. Carpentier of France, created 9 October, 1658. Castleton of St. Edmondsbury, county of Suffolk, created 9 August, 1641. Chester of Chichley, county of Bucks., created 23 March, 1619. Corbet of Leighton, county of Montgomery, created 20 June, 1642. Curtius, resident in Sweden, created 2 April, 1652. Davies of London, created 11 January, 1685-6. Delaval of Seaton, county of Northumberland, created 29 June, 1660. De Neufville of Frankfort, Germany, created 18 March, 1709. De Raedt of Holland, created 30 May, 1660. Dryden of Canons Ashby, county of Northampton, created 16 November, 1619, Duddleston of Bristol, created 11 January, 1691-2. Elwes of Stoke, county of Suffolk, created 22 June 1660. Ernie of New Sarum, county of Wilts, created 2 February, 1661-2. Everard of Much-Waltham, county of Essex, created 29 January, 1628-9. Gans of the Netherlands, created 29 June, 1682. Gostwick of Willington, county of Bedford, created 25 November, 1612. Halford of Welham, county of Leicester, created 27 June, 1706. Hamilton of London, created 11 May, 1642. Hele of Flete, county of Devon, created 28 May, 1627. Hewet of Headly Hall, county of York, created 11 October, 1621. Jackson of Hickleton, county of York, created 31 December, 1660. a There is reason to believe tliis Baronetcy was extended to Jieirs male whatsoever. Dame Mary Bolles was created a baronetess of Nova Scotia, and had sasine of the lands of her barony in that province. DORMANT TITLES. Langley of Higham Gobion, county of Bedford, created 29 May, 1641. Lawson of Brough, county of York, created 6 July, 1665. Leman of Northaw, county of Hertford, created 3 March, 1644-5.^ Mayney of Linton, county of Kent, created 29 June, 1641.'' Merces of France, created 1660. Meredith of Stainsley, county of Devon, created 13 August, 1622. Middleton'^ of Ruthyn, county of Denbigh, created 22 October, 1622. Moody'^ of Garesden, county of Wilts, created 11 March, 1621-2. Morgan of Lanternam, county of Monmouth, created 12 May, 1642. Mottet of Leige, in Flanders, created 16 November, 1660. Napier of Punknol, county of Dorset, created 25 February, 1681-2. O'Neill of Upper Claneboys, Ireland, created 13 November, 1643. Peyton of Isleham, county of Cambridge, created 22 May, 1611. Powell of Birkenhead, county of Chester, created 29 January, 1629-30. Price of Newton, county of Montgomery, created 15 August, 1628. Richards of Brambletye House, county of Sussex, created 22 February, 1683-4. Russel of Chippenham, county of Cambridge, created 19 January, 1628-9. Sas Van Bosch of Holland, created 22 October, 1680. Skipwith of Newbold Hall, county of Warwick, created 25 October, 1670. Tempest of Stella, county of Durham, created 23 December 1622. Tirwhitt of Stainfield, county of Lincoln, created 29 June 1611. ToUemache of Helmingham, county of Suffolk, created 22 May, 1611. Valckenburgh of Middleing county of York, 20 Jul)', 1642. Van Friesendorf of Herdeck, in Sweden, created 4 October, 1661. Van Tromp of HoUand, created 25 March, 1673-4. Vander Brande of Cleverskirke, in Holland, created 9 June, 1699. Vitus (alias White) of Limerick, Ireland, created 29 June, 1677- W^inderbank of Kaines, county of Wilts, created 25 November, 1645. Wyche of Chewton, county of Somers., created 20 December, 1729. Yeamans of Bristol, created 12 January, 1664-5. » There is a very large estate supposed to belong to the heir of this family, which has been claimed at various times by several persons. >> There is reason to believe the heir of this title still exists in great poverty. The first baronet ruined his fortune in the service of Charles the I.; his son, the second baronet, died for want ; and his brother hung himself for the same cause. c The heir of this baronetcy is supposed to be living in great poverty. i The heir to this baronetcy is believed to be resident in the United States of America. 209 [210] HISTORICAL ACCOUNT OP THE FIRST SETTLEMENT OF NOVA SCOTIA, AND THE FOUNDATION OF THE ORDER OF NOVA SCOTIA BARONETS. Chap. I. The dignity of a baronet, as an hereditary title, was first instituted by king James the I., (of England), who, when Sir Oliver Lambert had reduced the province of Ulster, in Ireland, his majesty with a view to preserve it in subjection, and encourage a planta- tation therein, by English settlers, as also for the general securitj' and defence of the whole kingdom of Ireland, and for promoting its cultivation and civilization of the people, erected the order of baronets, the 22nd of May 1611. On this occasion the king appealed to the loyalty and patriotic spirit of the most respectable and wealthy commoners of ancient families, in the realm, and invited such individuals of that description as were willing to accept the honour, and for its obtainment, would engage to maintain thirty foot soldiers, in Ireland, at eightpence per day, at their own expense, for three years, and would remit the first year's pay into the royal exchequer to come forward and receive letters patent of exaltation to the said dignity of baronet, which for its greater distinction, the king solemnly stipulated for himself, and his successors,that no intermediate hereditary honour between that of baronet and peer of the realm should ever be created thereafter. It has been generally considered that the money thus raised was applied wholly to the supply of king James's personal exigencies ; and it has been further considered that no other application was ever contemplated : the one may perhaps be well founded ; but the other would be scarcely credible, unless the character of that profligate, yet sordid prince, was such as to aflbrd reason to believe any base action reported of him, perfectly in accordance with truth. It would not seem that this new order of rank, or semi-lordly degree, had so much attraction as the king had expected ; for there were only seventy-six persons whose names oundation of the order, was that each knight should in the first instance qualify himself niSTORICAL ACCOUNT, ETC., 211 appear from the various printed lists to have taken it, of which forty are now supposed to be extinct; until the 25th of November, in the following year, viz., 1612, no more baronets are noticed to have been created, and tlien only seventeen — making the total number created in four years, i. e., from the 22nd of May, 1611, to the 27th of May, 1615, only ninet\'-three, which shows that the funds for the royal purpose, whatever that purpose maj' have been, came verj' slowly into the exchequer. After this institution, and not long before his death, king James formed the idea of founding a similar order of rank for his Scottish subjects ; and inasmuch as the one just mentioned, was for the security and defence of the kingdom of Ireland, and for encourag- ing persons of ambition, wealth, and consideration to make settlement therein, so the institution of Nova Scotia baronets was intended for the advancing the plantation of that district of country in America, which he had recently annexed to his kingdom of Scotland, and for establishing a colony there, to the aid of which these knights were designed. His majesty, by charter dated at Windsor the 10th day of September, 1621,* * Appendix made a grant to Sir William Alexander, of Menstrie, knight, his favorite counsellor and secretary of state for Scotland, of a certain extent of territorj- in America, contained within particular boundaries recited in a copy of the said charter, set forth in No. I. of the appendix hereto attached, which territory in all time therefrom, and thence ensuing, was to be denominated Nova Scotia, and annexed to his majestj^'s kingdom of Scotland ; the said name being given in contradistinction to that other territory of country, which had theretofore been granted by special charter (situate also in America), to certain persons incorporated by the name of the Plymouth company, and which territoiy was then desig- nated new England. King James having deceased shortly after this grant to Sir WilHam Alexander — and his son Charles having succeeded to the throne — he was pleased to carry out the inten- tentions of his royal father ; and for that purpose, by another charter, called de Novo Damns, dated at Oatlands, the 12th day of July, 1625, re-gave and confirmed to Sir William Alexander, his heirs and assignees all the said territory' of Nova Scotia, to be enjoyed by him and them in full regality, hereditarily for ever ; with very special pre^i- leges, rights, and immunities, as detailed in a copy of the charter printed in No. 2, of the appendix hereto. These most extensive grants were afterwards ratified and confirmed in the first parliament of Scotland, holden at the castle of Edinburgh, the 28th of June, 1633,t the king himself being present therein. And Sir William had seisin under the f Appendix said charter given to him at the castle of Edinburgh, soon after, as therein mentioned and ordained. On reference to the first charter, in 1611, it will appear that notice is therein made of the knights baronets of Nova Scotia ; but in the subsequent charter of NoA'a Scotia, in 1625, they will be found particularly alluded to ; and that the groundwork of the No. 15. 212 NOVA SCOTIA BARONETS. by agreeing with Sir WiDiarn Alexander, for a certain district of land in that coxintry, to be erected into a barony, to be holden either of Sir William, or of the king, as might be agreed on by the party; and having thus qualified, a patent of creation should be then passed free of any compensation to be made by the said baronet, for the obtainment tiiereof from the crown : for this purpose the charter thus recites, viz. : " And that men of honorable birth may be incited to the undertaking of that ex- pedition, and the settling of planters in the said lands. We for us and our heirs and suc- cessors, \rLth adx-ice and consent aforesaid, in virtue of our present charter, give and grant free and full power to the said Sir WiUiam Alexander, and his foresaids, of conferring favors, privileges, offices, and honours on the deserving, with plenary power of disponing and overgiving to them, or any of them, who shall happen to make the aforesaid agree- ments or contracts for the said lands, witli him. Sir William, and his aforesaids, under his subscription, or theirs, and their seal, any portion or portions of the said lands, &c., as to him shall seem fit, &c/' Further, the charter recites, viz. : ''Therefore that this our present charter, may be more effectual, and that seisin thereupon may be more conveniently taken, it is necessary that seisin of all and sundry the aforesaid lands, of the said country and lordship of Nova Scotia be taken wdthin our said kingdom of Scotland, and on the grounds and lands of the same in the most eminent place thereof, which can neither conveniently nor lawfully be done without an express union of the said country and lordship of Nova Scotia to the said kingdom of Scotland. Wherefore for the advantage and readier convenience of the aforesaid seisin, we with the advice aforesaid, have annexed, united and incorporated, and by our present charter, unite, annex, and incorporate with our said kingdom of Scotland, all and sundry the aforesaid country and lordship of Nova Scotia, with the teinds and teind sheaves thereof included, and all and sundry parts, purtinents, privileges, jurisdictions, and lilierties of the same, and others generally, and specially above mentioned ; and by our present charter, will, declare, decern, and ordain, that one seisin now to be taken at our castle of Edinburgh, as the most eminent and principal place of our said kingdom of Scotland, of all and sundry the said lands, country, and lordship of Nova Scotia, or any part of the same, with the teinds and teind sheaves thereof included, respectively, is, and shall be sufficient seisin for all and whole the aforesaid lands, countrj', and lordship of Nova Scotia, notwithstanding the said lands, country, and lordship of Nova Scotia are far dis- tant, and lie discontiguous from our said kingdom of Scotland, as to which, we, with ad- vice and consent aforesaid have dispensed, and by our present charter for ever dispense, without prejudice and derogation always to the said privilege and prerogative granted to the aforesaid Sir William Alexander, and his heirs, and assignees, of making and estab- lishing laws, acts, and statutes concerning all and sundry the aforesaid lands, country, and lordship of Nova Scotia, as well by sea as by land ; and by our present charter we NOVA SCOTIA BARONETS. 213 declare, that notwithstanding the said union,which is declared to be granted solely for the advantage and convenience of seisin, tlie said country and lordship of Nova Scotia shall be judged, ruled, and governed by the laws, and statutes made, and to be made, consti- tuted and estabUshed, by the said Sir William Alexander, and his heirs and assignees, re- lating to the said country and lordship of Nova Scotia, in like manner, and as freely in that respect as if the said union had never been made, or hitherto granted." " And further, notwithstanding the aforesaid union, it shaU be lawful to the afore- said Sir William Alexander and his heirs, and assignees, to give, grant, and dispone any parts, or portions of the said lands, country, and lordship of Nova Scotia, heritably be- longing to them, to and in favour of whatsoever persons, their heirs and assignees, heritably, with the teinds, and teind sheaves thereof included (provided they are our subjects) to be holden of the said Sir William Alexander, or of us, and our successors, either in blench farm, fee farm, or in \vard and relief, at their pleasure, and to intitle and denominate the said parts and portions by whatsoever stiles, titles, and designations shall seem to them fit, or be in the will and option of tfie said Sir William Alexander and his aforesaids, which infeftments and dispositions shall be approved and confirmed by us, or our successors, freely , ivithout any composition to be made therefor. " Moreover tve and our Successors shall receive whatsoever resignations shall be made by the said Sir JVilliam Alexander, and his heirs and assignees, of all and ivhole the aforesaid Lands and Lordship of Nova Scotia, or of any part thereof in our hands and (those) of our successors, and commissioners aforesaid, with the teinds and teind sheaves thereof included, and othei-s generally and specially above mentioned, to and in favour of whatsoever person or persons (provided they are our subjects, and live under our obedience) and they shall pass infeftments thereon, to be holden in free blench farm of us, our heirs and successors, in manner above mentioned, freely ivithout any composition." " Further we for us, and our successors, with advice aforesaid, have given, granted, ratified, and confirmed, and by om- present charter, give, grant, ratify, and confirm to the said Sir William Alexander, and his heirs and assignees, all places, privileges, preroga- tives, preeminences, and precedencies whatsoever, given, granted, and reserved to the said Sir William Alexander, and his heirs and assignees, and his successors, lieutenants of the said countiy, and lordship of Nova Scotia, on behalf of the Knights Baronets, and remanent portioners, and associates of the said plantation, so as the said Sir William Alex- ander, and his heirs male descending of his body, as lieutenants aforesaid, shaU and may take place, prerogative, preeminence, and precedence, as well before all Esquires, Lairds, and Gentlemen of our said kingdom of Scotland, as before aU the aforesaid Knights Bar- onets of our said kingdom, and all others, before whom the said Knights Baronets in virtue of the privilege granted to them, can have place and precedency, for the advance- ment of which plantation and colony of Nova Scotia, and in respect of it, especially the E e 214 HISTORICAL ACCOUNT, ETC., said Knights Baronets were, with advice aforesaid, created in our said kingdom of Scot- land, with their state and dignity, as a special token of our favour conferred upon such gentlemen, and honourably born persons, portioners of the aforesaid plantation and colony ; Avith this express pro\dsion always, that the number of the aforesaid never exceed one hundred and fifty." Thus far the charter, under which the Nova Scotia Baronets were primarily created, and grants of lands conceded to be made to them, to constitute their respective qualifica- tions, and to enable them to further out the intention of colonizing the plantation, and of sustaining their title and dignity. But though the inducement to the establishing the order was obviously to benefit the then infant colony, it was not stated what quantity or proportion of land should constitute or form the qualification, this omission was there- fore supplied seven days after the date of the charter, by the letter of his majesty king Charles to the privy council of Scotland, dated July 19, 1625, whereby it is ordained to be, viz., " Thrie myles in breadth and six in length, of landes within New Scotland, for their several proportions ; and to the end that those are to be Baronetes, and to help thereunto, may not be hinderit by coming unto us for procuring their grantes of the said landes and dignities, but may have them there with less trouble to themselfs and to us. We haif sent a commissione unto you for accepting surrendris of landes, and for confer- ring the dignitie of baronet upon such as shall be found of quality fitt for the same, till the number appointed within this said commission be perfected, &c., &c." The professed object in giving this extensive privilege, was evidently to induce persons of fortune and character to join Sir William Alexander in settling, (with an in- terest to themselves) the new Colony ; but this object was very slow in meeting the desired eflfect. The institution of the dignity met with great opposition, and Sir William became very unpopular as the projector of it. It interposed a new degree of rank be- tween the lairds and the peerage ; which was obnoxious to the lairds, who had considered themselves to stand in the next degree : the subject was made matter of strong and repeated remonstrances against it, as the records of the proceedings in the parliaments of Scotland for a time, will show. The repugnance to recognise the order, may account for the few persons who came forward to accept of it ; so that Sir William Alexander was left chiefly to his own means, and the king's countenance, to carry on his undertaking. In 1629, however, Sir William had so far succeeded, as to have a thriving colony in Nova Scotia, and his eldest son and heir apparent. Sir William Alexander, had gone there as his lieutenant. This being the case, his majesty king Charles, to give stronger encouragement to persons of honour and character to join their assistance ; and also to render the dignity of baronet more inviting to seek, was pleased to confer upon the order the special distinction, that the said baronets and their heirs male, should thenceforth wear, and carry about their necks, an orange tawny silk ribbon, whereon shall hang pendant NOVA SCOTIA IJARONKTS. 215 in an Escutcheon Ari/ent, u Sa/lier Azure, thereon, an Escutcheon of the Arim of Scotland, unth an imperial crown above tite Escutcheon and encircled with this motto, " Fax mentis honestoe gloria.'" This letter is printed in the appendix. No. III. It is here to he. observed that the right of creating the baronets, did not rest in the king, but in his grantee, Sir William xVlexander, — the institution of them was not like a peerage flowing from the grace of the crown for the mere purpose of conferring honour ; but it was specially erected to carry into effect a particxdar object, which object was made a stipidation to give an interest to the baronet thereupon created, to promote it ; — thus the king having granted away the whole country of Nova Scotia, had divested himself of the lands and territories comprehended in his charter, and this charter was confirmed (as before mentioned) by the parliament of Scotland, his majesty himself being present therein. The king therefore had not any lands to give, and the basis of conferring the title was affixed to the previous agreement to be made with Sir WiUiam Alexander, for the acquisition of the land, which agreement was engaged to be confirmed by the king, without any composition, should the party be desirous so to have it confirmed. It is evident then, that Sir William was the principal to grant the territory from which the title emanated;* and the king the accessary to confirm the grant by such style, title, * Appendb; and designation as had been in the will and option of Sir WiUiam and the party, when the same had been concluded upon between them.f t Appendix These observations are made to show, that although most of the baronets might make surrender of their lands oljtained from Sir William Alexander, and thereupon get a charter of Novo Damus to hold of the crown, such charter was not an original creation of the baronetcy, but a ratification of it, as in the primary instance acquired from Sir Wil- liam Alexander, and this point is more particularly made manifest by reference to the description of their baronies set forth in the seisins of those who had seisins thereof, and are now remaining on record in the register office at Edihljurgh — again, the right of creation by Sir ^^'illiam Alexander (who had afterwards been advanced to the dignity of peerage by the title of earl of Stirling,) is shown to have continued in him even after the time when some historians have asserted that Nova Scotia was given up by king Charles the First, to the French. The proof is in the record of a deed, dated the 29th of January 1640, and registered the 15th of February following, whereby (bearing then the title of earl of Stirling,) he recites, viz : — " Ffor sa mekle as we have patentis grantit to us by his matie, of Nova Scotia, in America, and for disponing and resigning of certain proportions of land yairof, and pro- curing to sundrie persons the infeftmentis of the samin fra his matie, with the honor and dignitie of knychtis baronettis have been in use to get fra every ane of the receavers yairof the soume of money of this realme, or yairby, and siclyk, &c." The deed then goes on to assign to certain trustees named therein, all the sums of money to be received 216 HISTORICAL ACCOUNT, ETC., for the proportions of land and dignity of baronets, by them to be applied towards the payment of debts for which they are cautioners on his behalf, &c., as may be seen in the copy of the said deed in the appendix hereto. No. 20. This deed enumerates the names of divers persons who then stood indebted to him in various sums of money, as would appear for their engagements to him for the honour of being created knights baronets of Nova Scotia ; these sums are assigned over to the said trustees, but it may be suspected they never were paid, for had they been discharged, it is not ])robable that his estates need have been apprised away, after his death, from his family, especially as these debts seem to have been owing, and unliquidated so short a period before his decease, which was in February 1640, the same year as the deed was executed- In the exercise of the power and authority vested in him. Sir William Alexander created one Claude de St. Etienne, a French gentleman, a person who had rendered him great assistance in the settlement of his colony, a baronet of Nova Scotia ; and according as his charter conditioned, made an assignation to him of a certain proportion of land to * SulliTan, constitute his barony. This assignation, by various writers* of American history, has chiason.'et alii, been called by them, a sale of the country of Nova Scotia, by Sir William Alexander, to the French, but it is plain these writers were perfectly ignorant of the true state of the case. The creation of St. Etienne runs in the following words, viz : — "Be it knowne to all men, by these presents, me. Sir William Alexander, of Menstry, knight, his majesty's lieutenant, a.nd deputy, within the bounds, country, and dominion of New Scotland, in America, whereas by virtue of my original infeftment granted me of the whole country' and dominion of New Scotland, by our late sovereign lord king James, dated at Windsor, the 10th of September, 1621. and by virtue of my other infeftment, granted to me of the same country and dominion, by our now sovereign lord Charles, &c., dated at Oatlands, the 12th day of July, 1625 : here is full power and authoi'ity granted to me, to confer titles of honour within the said country and dominion of New Scotland? to, and upon all and whatsoever person, or persons residing and remaining within the said bounds, and I the said Sir William Alexander having good experience of the worth and sufficiency of Sir Claude St. Estienne, knight, seigneur de la Tour and Uuarse, and of his great affection to his majesty's service, and knowing how, in particular he hath un- dergone great travel and pains to do his majesty, and me the said Sir William Alexander, as his majesty's lieutenant of the said dominion, good service in advancing and furthering of that plantation. Therefore, Wit Ye, me the said Sir William Alexander to have conferred, like as I the said Sir William Alexander, as his majesty's lieutenant and deputy aforesaid, and having power and authority as said, (is in so farre as my said power and authority doth and may extend and no further) do by these presents confer in and upon the said Sir Claude St. Estienne, knight, and his heyres male of his body from tyme to t)'me, in all tyme coming, the hereditary state, degree, order, name, dignity, and style of NOVA SCOTIA BARONETS. 21/ baronet of New Scotland, with all sundry prerogatives, privileges, &c. In witness where- of, (written by William Alexander, my servant,) I have subscribed and delivered this patent, sealed with the great seal of the country of New Scotland, at his majesty's court of Whitehall, the 30th day of November lfi29. — Signed, sealed, and delivered in the pre- sents of Anthony Alexander, Henry Alexander, my sons, and William Alexander, the \vrytter hereof." A patent in similar words (mutatis mutandis) was granted by Sir William Alexander, to Charles St. Estienne, esquire. Seigneur de St. Denniscourt, and Baigneux, son of Sir Claude St. Estienne, dated at Whitehall the r2th of May, 16.30, and signed, sealed, and delivered in the presence of the same witnesses. And here it is to be observed, that before the granting of the patent of baronetcy, i. e. on the 30th of April, 1630, Sir Wil- liam Alexander resigned to the said Charles St. Estienne that proportion of land which was requisite to constitute the baronetcy conferred upon him. The record" thus recites it, viz : — " In the name of God amen. — Know all those to whom these letters patent shall see or shall heare read, that upon this 30th of April, 1630, before me Joseph Mayneh, notary and tabellior royal, dweUing in London, admitted and sworn by the authority of our sovereign lord the king, and in the presence of the witnesses hereunder named, were present in person, and my lord William Alexander, knight, lord of Menstry, and chief secretary of state for the king of Scotland, for his said majesty of Great Britany, priv}^ councellor of state and heutenant unto his said majesty hi New Scotland in Ame- rica, on the one part, who having by letters patent from his said majesty under the great seal of Scotland, the donation of all the said country of New Scotland, called by the French the countrj' of Accadie in America, unto him and his heyres in fief, and perpetual inheritance, bearing date the 10th day of September, 1621, he hath out of the resjiectand amitie which he beareth unto Sir Claude St. Estienne, and unto Sir Charles St. Estienne, esquire, lord of Deniscourt, his sonne, on the other part, the said Sir Claud de St. Estienne being present, accepting, and by these presents stipulating for his said sonne Charles being absent and for their heirs, and upon other considerations, the said lord Mexander hath given, and by these presents frankly and freely doth give unto the said knight de la Tour, and unto his said sonne and their heirs, they seeing cause perpetually and for ever to dispone of as their own property, true and loyal acquest, and conquest, all the country, coasts, and islands from the Cape and river of Ingagon, near unto the Cloven Cape in the said New Scotland, called the coast and country of Accadye, following the coast and islands of the said country towards the east, unto Port de la Tour, formerly named L'Omeray, and further beyond the said Port following along the said coast unto the Mirliqueshe, near unto, and Ex. records of Suffolk county, in the state of Massachuset, in North America. Lib. No. 3, Fol. 265. 218 HISTORICAL ACCOUNT, ETC., beyond the Port and Cape of L'Heve, drawing forward fifteen leagues within the said ands towards the north, of all the which said lands and seas the said knight de la Tour, and his sonne shall receive all the fruits, profits, emoluments, &c., &c. ; within which country, lands, and seas, they may make, build, and erect villages, towns, castles, for- tresses, &c., as they shall see good, which said knight de la Tour, and his sonne shall hold and enjoye all the said country within the said limits from the king and the successors of the said crown of Scotland in fief and title of honour, which the said Sir William Alexander to them by virtue of the poioer to Mm by the said patents given hath erected, and entitled by two baronies, namely the barony of St. Estienne and the barony of de la Tour, which may be limited and bounded equally between the said knight de la Tour, and his said sonne, if they shall see cause ; upon condition that the said knight de la Tour, as he hath promised, and for his said sonne by these presents doth promise, to be good and faithfal vassels of the said sovereign lord the king of Scotland and their heyres and successors. Furthermore, the said lord Alexander grauntetli to the said knight de la Tour, and his sonne, and their heyres, and successors, and assigns that the right of admiralty in all the extent of their said lands, and limits ; and the said lord Alexander shall cause these presents to be agreeed unto and ratified by his said majesty, under the great seal of Scotland if need be. Each partie hath respectively signed, sealed, and dehvered these presents made and passed in Martins-lane, near the city of London. Signed, W. Alexander, fa little seal.) These two documents relating to Claude de St. Estienne, (more commonly called Claude de la Tour) and his son Charles, demonstrate in the first instance, that Sir Wil- liam Alexander under his charters had the power and right to dispone of and resign lands for the purpose of qualifying persons to become knights baronets of Nova Scotia, and of creating them, so qualified, to have, hold, and enjoy that dignity ; and in the second instance, these documents prove, that Sir William never sold to the said De la Tour the * SuUivan, whole country of Nova Scotia, according as many writers* have ignorantly and errone- ^°"^'n*'&x^"*" ously asserted, to the falsification of history, and of injurious representation as to the interest vested in the heirs of Sir William Alexander, to the undisposed of part of that countiy, either by him, or his next successors. It is shown that Claude de la Tour, and his son Charles St. Estienne had their grants upon the condition of being good and faithful vassals to the king of Scotland, his heirs and successors ; but it eventually so occurred, that when the French, by the con- struction of the treaty of St. Germains, between them and king Charles, entered upon Nova Scotia as included therein, this Claude de la Tour took part with the French, and obtained from the French king a grant of Nova Scotia, with the government general of the coun- try, whereby he forfeited all rights he had previously acquired from Sir Wm. Alexander, to be holden of the crown of Scotland. He however afterwards met with a rival, at the French NOVA SCOTIA BARONETS 219 court, in the person of another Frenchman, named D'Aulney, by whom, though he was not entirely superseded in power, yet he was so far echpsed as to have liim appointed a co-partner in it. This being a derogation to the ambition of Dc la Tour, led to open war and hostilities between them ; the result of which was, that in order to maintain himself against his rival, he was obliged to mortgage his barony of De la Tour, to enable him to raise a force to presence his possessions. This appears from the records of Suifolk county, in the United States of North America,* cited in Hazard's state papers, (v. i., p. * Lib. No. 2. 341.) which set forth, that Sir C. St. Stephen, lord of De la Tour in France, and kniyht baronet of Scotland, by deed dated the 13th of May, 1649, " in consideration of the sum of .£2,084, advanced to him by serjeant-major Gibbons, of Boston, in New England, mortgaged to him the said serjeant-major Gibbons, the Fort la Tour, and plantation within the north part of America, near the mouth of St. John's river, where the said monsieur, with his family, hath lately made his residence, as the same was purchased by Sir Claude St. Estienne, of Sir William Alexander, by deed in the French language, dated the 30th of April, 1630,'' to be redeemed on or before the 20th of February, 1652. It must be here observed, that the documents thus quoted from recorded autho- rity, cannot but satisfactorily disprove the assertions made by some, and even the British government itself, that Sir William Alexander never had possession of the territory of Nova Scotia, under his charters ; and never exercised the right and power to create baronets of Nova Scotia. It may suit the fastidious of the present day to make these assertions ; and it may be convenient for ministerial policy to deny the said right and power, — because the important question interposes, how far the heirs of the baronets, who derived their creations under grants from Sir William Alexander, are not at this time intitled to the lands they so obtained, and in such respect have a claim upon the crown for their re-acquisition concerning which point, a few remarks will be hereafter made. As to Claude St. Estienne, he was a Huguenot and a protestant under the British monarch ; and a catholic under the French king,t — at all times an active, enterprising, and treacher- t Douglas's ous man; one who made religion a stalking horse to serve the ends of his ambition. rica,v.i.p.305. * In this deed, the name is written as above mentioned St. Stephen, and not St. Kstienne, which is evident- ly a cognominal error, or a typical lapse — and the christian name is Charles, and not Claude i which seems to infer that it was the son rather than father, who made the mortgage. I' This deed has been given at length in the preceeding pages. [220] CHAP. 11. In the preceding chapter, it has been stated that the right of creating baronets of Nova Scotia, by Sir William Alexander, has been denied ; as well as his ever having had actual possession of the country, by virtue of his charters. The fact of his creating baro- nets has been shown in the instance of the two St. Estiennes, the father and the son ; together with his disposition to them of lands and territory, to constitute the necessary quaUfication ordained for the acquirement of the dignity ; and the absolute possession of those lands, has also been shown by the deed of mortgage, cited ; a truism which could not have taken place, had Sir WiUiam Alexander never made occupancy of the province granted to him by the royal charters, investing him therewith ; at the same time the possession of the premises is established by the seisin given him in terms of the charters, at the castle of Edinburgh ; of which the record is now extant in the register office of that city. This, therefore, is of itself a legal proof of possession, and all the legal proof which the law can require, as between the king in the character of grantor, and Sir William of grantee. This might be a sufficient answer to the insidious assertions before mentioned ; but as more prominent proofs are adducible, they will be here historically detailed. In 1497, the country of North America was first discovered by John Cabot, and his son Sebastian: these eminent navigators had a commission from king Hen. the VII., of England, for the purpose of discovery, and consequently acted under the authority of the British flag : the law of nations recognizes the principle of right of the territory of a there- tofore unknown country, to the power under whose flag the same may have been discovered. Thus the right to the country discovered by the Cabots appertained to the dominion of the british monarch ; and though, at that time, no settlement was made thereon of an eff'ectual nature, yet the entering thereon by the subjects of any other nation, would be an unlawful intrusion, and an usurpation. Through a singular succession of causes, upwards of sixty years elapsed from the time of this discovery of the northern division of America by the English ; during which their sovereigns gave little attention to the colonization of any part of it ; but this neglect may in some measure be accounted for by the frugal maxims of Hen. the VII. ; and the unpropitious circumstances which pervaded the reign of Hen. the VIII., Edward the VI., and the bigotted Queen Mary, reigns peculiarly adverse to the promotion of industry, trade, and navigation. The accession, however, of Queen Elizabeth, rather raised the spirit of maritime adventure ; and an attmpt was made by Sir Walter Raleigh, to colonize Virginia ; but NOVA SCOTIA BAKONETS. 221 after his death, the grant given to him being void by his attainder, several gentlemen, by the incitement of Mr. Richard Ilakluyt/ petitioned king James the I., to grant them a patent for the settling of two plantations on the main coasts of America : the king accord- ingly by a patent dated the lOth of April, IGOfi, divided that portion of North America which stretches from the 34th to the 45th degree of latitude, into two districts, nearly equal. The Southern, called the first colony, he granted to the London company ; the Northern, called the second colonj', he granted to the Plymouth company. The South- ern was desirous of beginning their plantation, and habitation in some fit and convenient place between the 34th and 41st degrees of north latitude along the coasts of Virginia; the Northern colony was desirous of planting between thirty-eight and forty-five degrees, and the charter gave liberty accordingly, provided that the plantation and habitation of such of the said colonies as shall last plant themselves, shall not be made within one hundred English miles of the other of them, that first began to make their plantations : thus was the first general plan, for a permanent and effectual settlement in this immense country, arranged and organised, with the consent and approbation of the king of Great Britain. Three years before, at the time of the death of queen Elizabeth, in 1603, which was one hundred and ten years after the discovery by Columbus, neither the French, Dutch, nor Enghsh, nor any other nation, excepting the Spanish, had made any permanent set- tlement in this new world ;* in North America not a single European family could be * Holmes's found ; the French indeed, about 1604, had begun to make settlements in Canada and ^mSs^. i. Acadia, and these with the Spanish soldiers maintained at two or three posts in Florida, P- ^23. appear to have been all the Europeans in North America, In 1603 Henry the fourth of France granted to Pierre du Gast, Sieur de Monts,'' a patent of the x\merican territory, from the 40th to the 46th degree of north latitude, with power to colonize and rule it, and to subdue, and christianize its native inhabitants.t t, ^^'^'^'^ . . Coll. 1, pp. 45, In 1604 the Sieur de Mont made his embarkation, and arriving at Acadia, afterwards 48. made his settlement at a place to which the name was given of Port Royal, — and this was the first settlement in Acadia, and was begun four years after the temporary residence of Pontgrave's company in Canada. The year 1613 is memorable for the the first hostilities between the English and French Colonists in America. Madame de Guercheville, a French lady in France, who a Mr. Hakluyt was at that time a prebendary of Westminster. He published his first volume of Voyages and Discoveries of the English Nation, in 1589, and the third in 1600 ; a work highly interesting, and which will per- petuate the merit due to his learning, diligence, and fidelity; and will always fnmish some of the best materials for American history. ii He was a gentleman of the bed chamber to the king, and a Calvanist, but the king allowed him and his peo- ple the exercise of hit religion in America. On his part he engaged to people the country, and to establish the Catholic religion among the natives. — Charlevoix Now. France, X^ol. I. p. 3, 12. Ff J. p. 222 HISTORICAL ACCOUNT, ETC., was a zealot in religion, and anxious for the conversion of the American natives, having procured from de Mont a surrender of his patent, and obtained from the reigning French King a charter for all the lands of New France from the St. Lawrence to Florida, with the exception of Port Royal, sent out one Saussaye, with two Jesuits as missionaries ; these * CharlevoLs persons in 1611 arrived at le Heve in Acadie,* where Saussaye set up the arms of 128.' Madame de Guercheville in token of possession. Proceeding thence to Port Royal, he found there five persons only, two of whom were Jesuits, who had been previously sent over, but had fallen under the displeasure of M. Biencourt, at that time governor of Port Royal : producing the credentials by which he was authorised to take these fathers into the service of the new mission, as well as to take possession of the Acadian territory, the two Jesuits were permitted to go where they pleased: they then left Port Royal, and went with Saussaye to Mount Desert, an island at the entrance of the river called Pentagoet, where at the east end the Jesuits fixed their settlement ; and setting up a cross, celebrated mass, and called the place St. Savior. Scarcely had they begun to provide themselves with accomodation in this retreat before they were surprised by an enemy. Captain Samuel Argal of Virginia arriving at this junctiure, off the island of Mount Desert, was cast ashore in a storm, at Pentagoet, where he learnt from the natives, that the French were at St. Savior's. Such was the account of their number and state, that he resolved to attack them without delay ; the French made some resistance, but were soon compelled to surrender to superior force. In the action Gilbert du Thet, one of the Jesuits, was killed, some others were wounded, and the rest, excepting four or five were taken prisoners. The English seized the French vessel which lay there, and returned to Virginia. Tliis occurrence induced the Virginian governor, after advising with his council, to dispatch an armed force to the coast of Acadia, to raze all the forts and settlements to the forty-sixth degree of latitude. The armament was committed to Argal, who losing no time, sailed to St. Savior, where upon his arrival he broke in pieces the cross which the Jesuits had erected, and set up another, inscribed with the name of the king of Great Britain, for whom possession was taken. He next sailed to St. Croix, and destroyed aU the remains of De Mont's settlement. He then proceeded to Port Royal, where he did not find a single person ; and in two hours he reduced that entire settlement to ashes, which, according to Charlevoix, had cost the French more than one hundred thou- sand crowns. Having thus effectually executed his commission, he returned to Virginia. It does not appear that this transaction was either approved by the court of Eng- land, or resented by the cro-«ai of France : it nevertheless prepared the way for a patent of the territory which was granted eight years afterwards by king James the I. Sir Ferdinando Gorges intrusted with the principal direction of the Plymouth com- pany, reflecting on the prodigious extent of the region to be planted, and on the slow NOVA SCOTIA BARONETS. 223 progress of colonization, conceived the design of persuading the Scotch nation to form a settlement within the limits of New England. Easily ol)taining the consent of the com- pany, and the approbation of Sir William Alexander, of Menstrie, in North IJritain, a man of great influence with his sovereign, Sir Ferdinando succeeded in his plan ; and the Scotch knight had granted to him by a royal charter, under the great seal of Scotland, the whole territory of Acadia, by the name of Nova Scotia, September the 10th, anno 1621.* * yideCharter in Appendix Sir William Alexander thus invested with palatinate jurisdiction, and made the No. i. proprietary of the soil, in the next year sent a ship with a colony of purpose to plant ; but the season of setting out was so late, that they were obliged to stay through the winter, at Newfoundland. Another ship with provisions was sent the following year, 1 623 ; yet by reason of some unexpected circumstances, they resolved not to plant at that time, but merely to discover and take possession. Sailing from Newfoundland, they coasted along the shore of Nova Scotia, and on Port Joli river found a fit place for a plan- tation. Returning to Newfoundland, in July, they left their ship there, and took passage for England, with intention of resuming the enterprise of planting a colony the next year. Purchas and Laet, two writers of credit, stop here in their accounts of Nova Scotia, excepting Laet makes mention of the change of the old names of places, by the Scotch patentee, viz : " Quid post ilia, in illis partihus gestum sit, mihi non constat ; nisi quod nomina harum provinciarum a Willielmo Alexandra mutata inveni, in tabula Geographica nuper in Anglid excusa, i. e., Cadia, nova Caledonia septent pars nova Alexandria nominatur." Though Purchas and Laet are silent as to the further proceedings of Sir William Alexander, yet it is certain that he followed up what he had begun, with great persever- ance ; and for the better enabling him to have assistants to co-operate with his design, he obtained from king Charles the I., a confirmation of the charter of king James, by another dated the 12th of July, 1625,t with a de novo damns of all previous rights, pri- f ibid no. 2. vileges, and power, and adding thereto, the particular prerogative of conferring honours on those who should become associates in his undertaking, and of assigning to them lands to be erected into baronies in their favour ; and in order to render the honour of a baronet of Nova Scotia, the more distinguished, and the more attractive to be sought for, the number to be created was limited to one hundred and fifty. At what time the next expedition was made does not appear ; but as Purchas and Laet have stated that the enterprise was to be resumed the next year, it may be concluded that it did so take place, and a colony effectually planted, ensued thereupon. For in 1629, being five years after the year (1624) where Purchas and Laet stop. Sir William Alexander, eldest son and heir apparent of the patentee, is shown to have made great progress in the perfecting of a settlement, where, on the behalf of his father, he was then acting as his deputy. The proof of this is in the royal warrant of king Charles 224 HISTORICAL ACCOUNT, ETC., * Vide Office copy of warrant appendix no. 3. t Vide Appen- dix No. 7. X Ex. Record in Reg. Off. Edin. § Appendix No. 19. II Ibid No. 11. H Ibid pp. 52, 78. tlie I., conferring a particular badge of distinction to be worn by the baronets of Nova Scotia.* The words in this warrant are, viz., " And seeing our trustie and well beloved counsellonr Sir William Alexander, knight, our principall secretarie of that our auncient kingdome of Scotland, and our lieutenant of New Scotland, who, these many years by past, hath been at greate charges for the discoverie thereof, hath now in end settled a colonie there, where his sone Sir William Alexander is now resident, and wee being most willing to afford all possible means of encouragement that convenientlie wee can to the baronets of that our auncient kingdome, for the furtherance of so good a worke, and to the effect they may be honoured, and have place in all respects according to their patents from us. Wee have been pleased. &c., &c., &c. " Here then is an evidence on the part of the crown, that Sir William Alexander had established his plantation of Nova Scotia. But a still stronger proof is to be found in the letter from king Charles to Sir William Alexander, then bearing the title of viscount of Stirling, dated, Greenwich, 10 July, 1631,t which testifies not only the settlement which had been made in the country, but the then continued occupancy of it, with a governor, fort for protection, &c., &c. This letter was written in consequence of the treaty of St. Germains, by which the king in an un- guarded moment, had agreed to surrender Acadia to the French ; it recites, viz : " It is our will and pleasure, and we command you hereby, that with all possible diligence, you give order to Sir George Home, knight, or any other having charge from you there, to de- molish the fort which ivas builded by your son there, and to remove all the people, goods, ordnance, munitions, castle, and other things belonging wnto that colonie, leaving the bounds altogether waste, and unpeopled, as it ivas at the time when your son landed first to plant there by virtue of our commission." The next proof of occupation of the territory of Nova Scotia granted to him, may be taken from the charter of king Charles the I., to Sir William Alexander, of the port or haven of Largis in Scotland,J which as therein expressed, was for the special purpose of facilitating the commercial intercourse between Scotland and the plantation of Nova Scotia. But the most important proof is to be derived from the demand of England at the Treaty of Utrecht,§ for the restoration of Nova Scotia by the French to Great Britain, to be surrendered back in its full plenitude of territory, as the same was des- cribed in the original charters of king James and Charles the I. to Sir WilUam Alexander. Had Sir William Alexander never taken possession of the country, or made settlement therein, there could be no pretence on the part of England ; for its sole right is based upon that settlement, which laid the foundation of that valuable province, as a co- colony of the British Empire, and that, colonized as the charters recite at his own expense. With respect to the Treaty of St. Germains, it may be observed, that king Charles by that treaty, gave up Acadia to the French. || This is noticed by Prince, in his Annals of New England, thus, viz.,^ " Sir David Kirk having taken Quebec from the French, NOVA SCOTIA BARONETS. 225 the king of France detained 400,000 crowns, part of tlie queen of England's portion. This brought al)out the treaty with king Charles, who empowered his ambassador (Sir Isaac Wake) to conclude the dispute, 29 June, 1631. But it was not till the 29 of March, 1632, the treaty was signed ; which put an end to aU differences, when the re- maining half part of the queen's portion was paid by the French king." Further, the same author writes,* " That when king Charles found that the French possessed them- * Appendix selves of the whole country, he declared publickly, that he had given away only the **' fmrts, and not the soil ; besides the French king had undertaken to pay Kirk £5000. for the forts, but never did; nor was Sir William Alexander ever paid a sixpence." That the king never intended to resign Nova Scotia, will be clearly shown by reference to his letters to the states of Scotland, set forth in the annexed Appendix ;t and the assignation bv Sir t Vide Nos. . . n " b -^ 12, 13, 14, 16. William Alexander, (then earl of Stirling), to Mr. Alexander Kynneir, and Mr. James Gordon, (printed in the annexed Appendix), J will show that the earl of Stirling at that t IlJid No.20. period, which was only a short time before his death, considered himself in legal posses- sion as lord proprietary of the soil of the province, and in such capacity, intitled to make resignation of lands, and to dispose of the honour of knight baronet in terms of his charter ; had such not been the case, a deed of the nature of a disposition for the payment of debts, would have been at once ridiculous, and inconsistent, and perfectly inappropriate to the purpose for which it was executed. When the treaty of Utrecht was under negotiation, the objections of the French, and the replications of tlie English Commissioners respecting Nova Scotia are particu- larly deserving notice ; the sixteenth preliminary article thereof, to which M. de Torcy agreed, on the 28th of May, 1 709, is as follows : " The most christian king shall yield to the crown of Great Britain whatsoever France is possessed of in the Island of Newfound- land, and whatsoever countries, islands, fortresses, and colonies, which have been taken, and possessed on both sides since the beginning of the war, in what part soever of the Indies that they may be situated, shall be restored on the part of the queen of Great Britain and his most christian majesty." At a more advanced period of the negotiation is the following article, viz : " The island of St. Christopher, Hudson's Bay, and straits of that name, and Acadia with Port Royal and the Fort, shall be restored^ entire to her majesty." In the speech from the 5 jbij mq. 19. throne, after announcing the tenor of the treaty, her majesty queen Anne thus expresses herself, viz : "Our interest is so deeply concerned in the trade of North America, that I iiave used my utmost exertions to adjust that article in the most beneficial manner. France consents to restore us the whole bay and straits of Hudson's, to deliver up the island of Newfoundland, with Placentia, and to make an absolute cession of Annapolh with the rest of Nova Scotia or Acadia." 226 HISTORICAL ACCOUNT, ETC., As the limits of these cessions might be said to admit of doubts in some particulars as relating to Acadia or Nova Scotia, it must be allowed that conflicting claims were set up by the French to some parts of them ; and these afterwards became a subject of much disputation, as reference to the memorials of the British and French commissioners * Printed with respect to their North American territories will demonstrate,* in which the obiec- 1756. pp.206, . ^ ... . . 78. tions urged by the French against the right claimed by the crown of Great Britain to the territory in question, are very satisfactorily answered by the reply of the British commis- sioners to their frivolous and futile subterfuges. The first exception taken by the French commissioners, was to the patent granted to Sir William Alexander, on the ground, " That the lands contained within it being at the time of the grant in the possession of the French,^ the patent became void in itself, upon that condition in it, which, as they allege, makes it necessary that no lands to be possessed in consequence of that grant, should be occupied by inhabitants who cvdtivated them : which objection seems to be founded in a mistake of the words of the patent, in which king James, after having expressed his sense of the pubhc utihty, aris- ing from the establishment of colonies, adds these words : 'Presertim si vel ipsa regna cultoribus prius vacua vel ab infidelibus quos ad christianam converti fidem ad Dei glo- riam interest plurimum insessa fuerunt' These are the words upon which the French commissioners found their objections, though nothing can be more clear in construction, than that they are only expressive of a circumstance, which where it happens, makes settlements in foreign countries additionally beneficial to mankind, and imply no condi- tion at all." They afterwards allege, " That if no such condition had been contained in the grant, it woidd nevertheless have been void ; the French having settled within it upon lands granted to the Sieur de Mont, in 1603, by the letters patent of Henry the IV. of France ; that no English settlements were ever made in consequence of the grant to Sir WiUiam Alexander ; that the Nova Scotia granted by king James is merely ideal, and had no existence till the treaty of Utrecht." These objections were answered by the EngUsh commissioners, thus : " As to the grant being void, as comprising lands then settled by the Sieur de Mont, if it was a point worth contending for, it could be easily proved; that what they call the settlements of the Sievir de Mont, was nothing more than a cursory usurpation in opposition to the rights of the crown of Great Britain; as it is evident from Champlain, (part 2, p. 266), in which he says : " Les Anglois qui n'y avoient etc que sur nos brisecs s'etant empares depuix dix a doune am des luix les phis signales, m'eme enlevoient deux habitations, savoir celle a They had been six years before totally expelled by Argal, and their forts entirely destroyed, as mentioned in some preceding pages. NOVA SCOTIA BARONETS 227 du Port Royal, ou etoit Poitvincourt, ou Us sont habitues de present. That tlie English did make settlements in consequence of this grant, for the memorial from which this passage is taken, was presented at London, in 1631, in which it is said, tiiat tlie English had made settlements m Port Royal, ten years before that memorial ; which ^vill place them in the year 1621, the very year in which king James made his grant. It is also remarkable that there remains at this very day, the ruins of a fort built at that time, at the entrance into the basin, which preserves the name of the Scotch Fort.'^ Again the British commissioners reply: "It is a Uttle difficult to know in what sense the French commissioners would be iinderstood, when they say, that Nova Scotia had no existence antecedent to the treat)' of Utrecht. If they mean only, that France did not call that countr\' by the name of Nova Scotia, it is true ; but Nova Scotia des- criptive of that country had its existence before that treaty, not only in the letters patent of king James the first, but in all the English maps from 1625 to 1700, and in Laet's histor)' (p. 18), and in the beginning of the negociation preceding the treaty of Utrecht: nor indeed is it possible to suppose France not to have had an idea of the countrj' called Nova Scotia, after it had been so frequently mentioned in the best maps and histories of America, as those of Purchas's Pilgrim, Laet, and Champlain." From these facts and arguments of the British Commissioners in refutation of the French objections, it is evident that Nova Scotia was reclaimed, and the right thereto sustained, on the foimdation of the colony and the occupation of the country by Sir William Alexander, in ^-irtue of his grants thereof from king James and king Charles the first. It was demanded and acquired back in full plenitude of territorj' and boundary, as contained in the respective charters, and in 1763, by the peace of Aix la ChapeUe, was finally qmt claimed for ever by the French to the crown of England ; whereby it is considered that when the sovereignty returned to the crowni, the right of the heirs of the patentee became revived ; and the rights of the heirs of his grantees, baronets of Nova Scotia, became reinvested in them. The usurpation of the French was only a suspension of rights, and their rehnquishment a restoration thereof. And here it cannot but be remarked, that while the British commissioners, \vith so much ingenuity and pertinacity, urged and supported the vahdity of Sir Wilham Alex- ander's charters, it is not a little unworthy the English Government to take up the objections of the French, so perfectly negatived, and adopt them against those persons who have claims derived from Sir William Alexander under these very same charters. a These ruins were most likely those of the fort buUt by Sir William Alexander, junior, and directed as before mentioned, to be razed in virtue of the treaty of St. Germains, by king Charles the first. [228] CHAP. III. Having in the two preceding chapters shown the origin of the first settlement in Nova Scotia under the charters granted to Sir William Alexander, and also that he had actual occupancy of the territory mentioned therein, and exercised the government thereof, by his son Sir William Alexander, his deputy ; as hkewise by Sir George Home, the govenor of the fort of Port Royal, which had been erected after he had taken pos- session of the country, by his said son Sir William Alexander : and, moreover, that he executed the power vested in him by his charters of creating knights baronets, and of assigning to them the portions of land ordained to form the qualifications for their baronies, it foUows that the interest thus made over to, and acquired by the baronets, should have notice. The order, as already observed, was instituted for the special purpose of giving to Sir William Alexander a certain number of associates to assist him in the colonization of the new province ; and who, by having participation in the soil, would have an incentive to promote the object designed; while, for their greater encouragement, they had conferred upon them, a badge of honourable distinction, which to mark their rank above all * VideAppen- others of the same degree, was particularly, and exclusively granted to them.* Now, as the protecting clauses of Sir William Alexander's charters were of a very special nature, so the effect of those clauses extended to the knights baronets created by him, in the enjoyment and tenure of their baronies derived from the rights, privileges, and immunities communicated by his charters. Thus, " Because the timely entry of any heirs, &c., on account of the long distance from Scotland, we have dispensed with the said non entry whenever it shall happen ; and again by our present charter, we will de- clare, decree, and ordain, that one seisin, to be taken at our castle of Edinburgh, &c., shall be sufficient seisin, notwithstanding the said lands, &c., are far distant, and he dis- contiguous from our said kingdom of Scotland ; as to which, we with advice and consent aforesaid have dispensed, and by our present charter for ever dispense." Further, the charter recites, viz., " Renouncing and exonerating the same simpli- citer with all action and instance heretofore competent, to and in favour of the said Sir WilUam Alexander, and his heirs and assignees, as well for non payment of the duties contained in their original infeftments, as for non performance of due homage, conform thereto, or for non fulfilment of any point of the said original infeftment, or for com- • mission of any fault or deed of omission, or commission, prejudicial thereto; and whereby the said original infeftment may in any way be lawfully impugned, or called in question. dix No. 12. NOVA SCOTIA BARONETS. 229 for ever acquitting and remitting tiie same simpliciter, with all title, action, instance, and interest heretofore competent, or that mav be comjietent to us, and our lieirs and successors, renouncing the same simpliciter, jure lite et causa cum pacto de non peten- do, and with supplement of all defects, as well not named as named, which we will to be held as expressed in this our present charter." Here then it must appear, that as the territon- granted to Sir William Alexander was so guardedly and firmly assured to him, and his heirs, in like manner the assigna- tions made by him to the knights baronets, were as strongly confirmed to them and their heirs, or otherwise there would have b?en no inducement for their joining in his adven- turous undertaking. Every man who sells a fee sinijile estate conveys to the purchaser a perpetuity ; that is, he gives to him and his heirs for ever the property sold ; though the purchaser may the next day aUenatc to another in like manner, to liim and his heirs for ever ; but, still, whatever are the franchises of the jiropert)-, and of whatever nature the original tenure may be, they come to the purchaser from the title under whicli the first vendor was infeft, and held the same, either with privileges, or restriction of privileges. And here, again, occurs another point in favor of the baronets enfeoffed under Sir William Alexander's grant, which is the letter from king Charles to the lord advocate of Scotland,* * Vide Appen- wherein his majesty ^\Tites after other matter, ^-iz : " We do hereby require you to draw up a sufficient warrant for our hand, to pass under our great seal, to our right trustie, the \ascount of Stirling, to go on in the said work, whensoever he shall think fitting, whereby, for the encouragement of mch as shall interest themselves with him ; and he may have full assurance from us, in verba princijm, that as we have never meant to relinquish our title to any part of that country which he hath by patents from us ; so we shall ever after be readie, by our gracious favour to jrrotect him, and all such as have, or shall hereafter, at any time concur with him, for the advancement of these bounds aforesaid. And if at any time, by order from us, they shall be forced to remove from the said bounds, or any part thereof , where they shall happen to be planted, tve shall fully satisfie them for all loss they shall sustain by any such letters or orders from us ; and for your so doing, i^c, S^c. From the time of the treaty of St. Germains, including also the treafrv of Breda bv king Charles the second, till the period of the treaty of Utrecht, the country of NoA'a Scotia was imder the usurpation of the French ; and even after the last named treat)', until the final quit claim of France and retro-cession made at the peace of Aix-la-Cha- pelle, the province was a constant subject of controversy between the crowns of Great Britain, and France: thus while the sovereignty of England was suspended, the occupancy of their lands by the baronets was interrupted ; but when the one was resumed, the right of the other under it returned to the heirs of succession. This long interregnum, attend- ed with the distressing events of the ci\'il war, and the continual conflictions with the French, occasioned many of the baronets who had their enfeoffments from Sir WilUam 230 HISTORICAL ACCOUNT, ETC., Alexander, prior to the year 1641, to disregard as well their titles as their lands, and for their heirs neither to assume the one, nor seek after the other ;^ hence to the present day their titles have remained dormant, and their baronies unclaimed. But as no length of time of non-claim is a bar to the resumption of a title of honor, so it is considered that the same rule of law applies to the land, which was incorporated in it ; for the land was the principal and the foundation. The title was the mere accessary which conferred rank and dignity upon its possessor, and completed the creation. The particular care and regard whicii the king professed to have for the promotion of the colony, and the honourable and distinguished persons who came forward to accept the title of baronet, is apparent from the various letters which passed between his majesty and the estates of the realm upon the subject, which are extant among the privy council * Vide Ap- records.* pendix. As to the number of those who were actually created baronets of Nova Scotia, according to the stipulated terms, and conditions of the institution, it may be rather diffi- cult to determine, inasmuch as the names of the respective parties on whom the title was conferred, do not all appear from the public registers. With reference to those whose crea- tions appear to be so registered, a list is herewith given, with an asterisk prefixed to those who are found to have had seisin of their baronies, from which it will be seen that such t Ibid. creations did not extend beyond November, 1640.t On this point it arises to be consider- ed, how far any persons created baronets after that period are to be deemed Nova Scotia baronets, and as such entitled to local, or territorial possessions, or to the privileges which were specially granted to be enjoyed by the Nova Scotia liaronets only. The persons appearing from the registers to have been created baronets in Scotia, from the 5th of March, 1661, (after the restoration of Cha. II.), downwards, had merely patents without any assignation of lands to accompany their titles; and consequently had not any interest in the colony ; and besides, there was not any previous institution of an order of baronets in Scotland, while there was an order of baronets of Nova Scotia expressly founded to apply to that country, as distinguished from the kingdom of Scotland by the denomination of Notm Scotia, or New Scotland. It is therefore submitted, that the per- sons on whom the king was pleased to confer the title of a Baronet of Scotland were not by that description created baronets of Nova Scotia, and thereby authorised to wear the badge of honour so exclusively granted to the baronets alone of that country. They were baronets solely by name of title, but were not invested with the privileges which were attached to the Nova Scotia institution. In relation to this subject, it may be right to mention, that a general meeting was called at Edinburgh, and did there meet, the 14th of June, 1775, with a view to come to ^ One of those persons was the ancestor of the Editor. NOVA SCOTIA BARONETS. 231 some resolutions affecting the rank, rights, and lionour of the baronets, denominating themselves as one hodv, by the style of baronets of Scotland : but as whatsoever was then discussed is not within the present object to notice, it may be as well to leave the account of the proceedings of the meeting to be hereafter mentioned. Further meetings of the Nova Scotia baronets, and their representatives in right of their lands were called at Edinburgh, the 1st of July, and 1st of October, 1783; the specific purpose of which has not been discovered. In now bringing before the public the first creation of these baronets, it becomes material to entertain the question, how far their heirs have, or have not lost, their rights of inheritance, or whether thev still remain capable of being reclaimed. The first objection seems to be, that king Charles the I., l)y the treaty of St. Germains, ceded to the French the territory of Nova Scotia, and with that cession the baronets lost their baronies. But this objection ceases, when it shall be seen, that so far from having ceded Nova Scotia to the French, his majesty on the contrary, in open par- liament at Edinburgh, ratified and confirmed (as before mentioned) all the charters and grants, &c. made to Sir ^Villiam Alexander, which ratification bears date upwards of twelve months after the pretended cession. The fact truly was, that king Charles having agreed by the said treaty to retrocede Quebec, and other territor)' in Acadia, (the then general name of all that part of America), the French under pretence that Nova Scotia formed part of Acadia, entered upon and usurped the same ; and king Charles at that time was too weak in power and means to maintain the rights of his crown, f)r of his people, against his powerful foreign enemy. A further proof that the colony was never intentionally surrendered by the king ; or sold to the French by Sir William Alexander (as said by some authors) may be found in the subsequent creations made of baronets, and the seisins taken by the grantees of the lands contained in their cJiarters, as the dates of their seisins are recorded in the public register office ; while there is also upon record the deed of assignment, (herein before observed), dated 29 January, 1640, made by Sir William Alexander (then earl of Stirling), to Messrs. Kinnear and Gordon, of such interest and composition as he might be intitled to, from his right to confer the dignity of knights baronets of Nova Scotia, containing an obligation to procure the same to all such persons as they should nominate and appoint, like as he might have done himself, which deed being for the ]iayment of debts, would have been a fraudulent delusion, if no real sums of money were competent to be derived therefrom. A second objection is suggested, that the lands became forfeited by the failure of the grantees to fulfil the condition which is supposed to have been impliedly annexed to their grants of defending and maintaining the same, under the royal authority : but this objection is at once nugatory, for if the king had truly ceded Nova Scotia, his subjects had no right to dispute his will, and take up arms — his act of prerogative. But if, as 232 HISTORICAL ACCOUNT, ETC., was the case, the king did not cede the territory, he ought to have given the assistance of the power of his crown, to have supported the settlement, and have called upon his subjects, the settlers, to have brought forward their force, as a part of their feudal duty. The king was as much bounden to protect his subjects, who had purchased that protec- tion, as the subject was to defend his own, and the king's dominion. The objection is solely by implication, and not from any expressions of an imperative and obligatory nature in any grant. A third objection is interposed, that the claims have become antiquated by the neg- lect, or the omission of the grantees to act upon their grants, from the period thereof to so long a subsequent time : to settle this point, it should be considered what law, if any, of prescription, or limitation interferes ; whether colonial law, Scotch law, or English law, or some law, rule, or principle different from all these ? By a decision in the United States of North America, not many years since,' it has been determined, and affirmed upon appeal to the supreme court at Washington, that a grant, originally well and suffi- ciently made, remains indefeasible, ivhether acted upon, or not ; and that no laches, how- ever long continued, on the part of the grantee, or of his heirs, affect the same. On the present question, it is to be borne in mind, that from the treaty of St. Ger- mains which took place in 1632, to the time of the treaty of Utrecht, the French were, during the chief intervening years, usurpers on the territory, and its inhabitants in a state of constant aggression. At the last mentioned treaty the British commissioners required that Nova Scotia should be given up to Great Britain, according to its ancient boundaries, with its whole rights ; the French occupation having been founded upon usurpation, not by acquisition, force of arms, or cession by treaty. The French commissioners in reply, assumed that Nova Scotia was a country unknown to them, and never before mentioned, and that the district claimed by them was Acadia entirely ; to this the British commis- sioners made replication, that if Nova Scotia, as a country, was unknown to the French, it consequently had never been ceded to them, and as to the boundaries, they rested upon the description of them, as contained in the charters to Sir William Alexander. It is also urged in argument against the right of recovery by the heirs of the said baronets, that the country had been conquered by the French, and re-conquered liy Eng- land, so that no claim could now exist to be preferred on their parts. The fallacy of this argument is shown by what has been already stated ; with regard to the grounds on which Nova Scotia was demanded by the British commissioners, to be surrendered back to the crown of England at the treaty of Utrecht : usurpation but not conquest founded the pretension on the part of France. The British and provincial troops of New England had re-acquired possession of the country by the force of their arms ; the demand that a Case of the London Society for the propogation of the Gospel in foreign parts, versris the town of Newhaven, Vermont, February 1823. NOVA SCOTIA IJAUONETS. 233 the country should he altogether rctroceded to Great Britain, made at the treaty of Utrecht, proceeded therefore on tlie fact, that the Frcncii had made entry upon the same by usurpation, hut never by conquest or by cession. Even supposing for a moment, that the French had in reality conquered the country, yet this would not necessarily destroy private title ; for it does not follow, that in a conquered country, all property immediately changes hands. Are all the inhaljitants turned out of their possessions, and new ones among the conquerors substituted for them ? In an extended and thinly peopled territory, it might have been out of the power of Sir William Alexander, or of his associates, the knights baronets, to use or enjoy their property during the French usurpation ; the value thereof, then, was comparatively trifling, and the distance too great. Tliis then would be non-user, wliile an enemy was in possession of the country ; when however it was re-conquered, and returned to the original government, it cannot with any shadow of justice be assumed that the private property of the crown grantees thereupon, became vested in the sovereign, as the pro- perty of the nation. This indeed would be worse than the enemy. Private rights in civilized countries are not otherwise affected by conquest or re- conquest, than by the imposts to which they may be intermediately subjected to on either hand. And here it may be proper to remark, that the proofs on the part of England, in dealing with, and reclaiming the territory alluded to at the treaty of Utrecht, are the very identical charters under which that territory was erected into a province in the person of Sir William Alexander ; and which province with aU its boundaries, prerogatives, franchises, privileges, and immunities was warranted by the king to be vested in him, his heirs, and assignees for ever. While the king also, by his royal letter to the Lord Advocate of Scotland,* (before noticed) promised in verbo principis, that the knights * Vide Appen- baronets, associates with Sir William iMexander in his undertaking of planting the colony, should be satisfied for every loss tliey might sustain. Thus, whether the French conquered or only unjustly retained the usurpation of the country, it matters not, inasmuch as whenever its possession returned to the crown, the sovereign ex debito justitue became bounden to restore to the heirs of the baronet adventurers, the lands of their baronies, which are specified in the records of their seisins, or if now adversely occupied, to make compensation by other grants of vacant territory to the same extent. Besides it is always to be considered, that the colony was first settled at the private ex- pense of Sir William Alexander and his associates, but not at the public cost, which renders the claim of the heirs of Sir William and of the baronets, a debt due in honour, and in gratitude from the sovereign, and the nation now repossessed of the said province of Nova Scotia ; for if Great Britain never lost, or forfeited anything by the treaty of St. Germains in 1632, or of Breda in 1667, so neither Sir William xVlexander, nor the baronets lost or forfeited tlieir rights, of proprietorship. dix No. 12. 234 HISTORICAL ACCOUNT, ETC., Having noticed something as to an objection grounded on the law of prescription, it may be incumbent to observe, that prescription has never been held to be so essential a principle of natural justice, that it might not l)e set aside by law : two very important maxims of Englisli law are opposed to it, viz., those of "nullum tempus occurrit Regi," and "nullum tempus occurrit Ecclesice ; " that is to say, no adverse possession, of how- ever long standing, can be a bar to a prior right of the king, or of the church. Indeed the doctrine of prescriptive right formed no part of the old common law of England, but was first introduced by a statute of the 32 Hen. VUI., (Blackstone's Commentaries, v. 2, p. 264) ; so that, far from being a fundamental principle of natural equity, it has been altogether excluded by some laws, and certainly required the aid of positive enactment to give it any binding force, or validity whatsoever. In the present instance of claim upon the crown, it would be rather bearing too much on an excessive stretch of prerogative to take away property from some by virtue of a nullum tempus exception, and yet refuse to restore it to others by not allowing the same exception in their favour, while their claims are derived from the crown itself, and for a valuable consideration given for their original grants. As another of the grounds of objection alleged, is the length of time of non-user, and a conclusion therefrom of a voluntary abandonment of their claims, it is requisite to remark that in the charters of king Charles to Sir William Alexander, there is a special clause which declares that the grant sliall he valid, sufficient, and effective in all time coming, in all points, in law, in all the king's courts, and in all other places, notwith- standing any law, custom, prescription, practice, decree, or constitution before made, decreed, or published, or afterwards at whatever time to be made, decreed, and published, ordained, or provided. As forfeiture for any cause, was thus specially guarded against, so the same provision extended to the knights baronets, the assignees of sir William Alexander, in their lands granted to them by him. Tliese reservations seem to have been so strongly used with an allusion to the Scottish prescription then recently introduced by the act, 1617) (c. 12); the law of Scotland therefore was directlj'- excluded, and the law of England could not apply. The inference therefore of a non-user, even voluntarily continued, cannot avail, for the charters must all be interpreted according to their letter, and the principle of the true consideration which induced their grant. On this point, with a very striking analogy of non-user, and voluntary abandonment, there has been very lately decided before the lords' committees for privileges, (the lord chancellor Brougham maintaining the doctrine), a case of claim to the very ancient earl- dom of Devon. This earldom was conferred on Henry Courtenay, who was created (or rather restored) earl of Devon, by Queen Mary, by letters patent, in which the words of limitation are " Sibi et hceredidus suis masculis," without the further words de corpore, or NOVA SCOTIA BARONETS. quibuscunque. He died shortly after, unmarried, and consequently without legitimate issue. The crown considering the title vacant, conferred it, in the reign of James the 1., upon the lord Montjoy, who enjoyed it about three years, when he deceased without lawful issue ; and it again fell to the crown ; whereupon the king once more revived the title, and created the then lord Cavendish, earl of Devonshire, in whose family it still remains, but merged in the higher dignity of duke of Devonshire. From the period of the death of Henry Courtenay, earl of Devon, till lately claimed, the heir male of his family never claimed the dignity, but allowed it without objection, or pretension to be granted to strangers in blood. The several heirs male in succession continued commoners, till at last raised to the peerage dignity, in 1767, by the inferior title of viscount Courtenay. But, on a sudden, the second viscount (a person of over- much notoriety) tliought fit to come forward and claim the earldom, asserting that the Hmitation, " haredibiis masculis," without additament, meant heirs male collateral, and was not confined to heirs male of the body, and citing some Scotch precedents : for such construction the lords decided in his favour : and though length of time is certainly no impediment to the inheritance of a title of honour, yet in this instance, it is manifest there was a voluntary abandonment, with a voluntary approval of other families to take the high dignity then applied for. But the rule laid down by their lordships was in con- formance to the exact words of the letters patent. It now remains for the baronets of Nova Scotia, heirs of their ancestors, to consider of what steps (if any) they may choose to take to assert the rights and interests vested in their honours and territorial append- ages. 235 [236] CHAP. IV. The order of baronets of Nova Scotia, as before mentioned, was projected by king James the I., but not carried into effect by him ; probably from the reason that Sir William Alexander, to whom he had granted the country, not having made any effectual settlement therein. King Charles the I. executed his father's design, and by a new grant to Sir William, with more extensive powers and privileges, instituted the order in 1625, soon after his accession to the throne. It was the first settlement made by the Scots beyond the Atlantic. As the cultivation and population of the country was important to the object of the colonization, it was deemed material to encourage persons of honour and estate to em- bark in the undertaking. To flatter their ambition, and allure their cupidity, this could be done by conferring upon them a distinguished title, and assigning to them a large tract of territory as a qualification for it. Thus their possession became combined together, the title with the estate, and the estate with the title ; and not any baronets before the res- toration of king Charles the II. were created without having the restricted qualification. King Charles the II., after the restoration, granted patents of baronets of Scotland, an order, the express institution of which, has not been discovered and wliich is dis- tinguished from the order of baronets instituted in 1625, in this respect that the patentees did not receive grants of portions of the territory of Nova Scotia, with the extensive and exclusive privileges thereto attached. The distinction between the two creations is so far essential to be noticed, as the representatives of the Nova Scotia order have a vested interest in the land which was attached to their baronies, while those of the baronets of Scotland have not any claim to an acre of the soil. And it may be further considered, whether if these latter created baronets of Scotland had not mention made in their patents, of allowance to wear the ribbon and Ijadge granted by king Charles the I., as a special privilege to the qualified baronets of Nova Scotia, they are entitled to assume that honorable decoration equally with them. It has been contended that the Nova Scotia baronets, and the baronets of Scotland are one and the same order ; yet, it is evident their creations are of a very different nature. However the distinction seems not to have been always attended to, inasmuch as the right of wearing the ribbon and badge, has gone into disuse. " Meetings of a The cause of this disuse may be attributed to the French having possessed themselves of Nova Scotia, whereby the lands of the baronets were forcibly usurped from them ; and the civil war ensuing, many of them were ruined by their adherence to the royal cause, and their successors, or rather representatives set little value upon their titles, disused them, and consequently disused the badge. NOVA SCOTIA BARONETS. 23? baronets to revive its use, were holden in the year 1 721 and 1734, which on some account (not liitherto ascertained) proved ineffectual. These meetings, it is supposed, were at- tended by others than the baronets of the order of 1625 only ; because tlie baronets of that order were indiscriminately mixed up with the heirs of those persons, who had received patents of baronet of Scotland, subsequently to the restoration of Charles the second, and these were brought together in another meeting holden at Edinburgh the 14th of June, 1774, which meeting was called by the Lyon Depute, by circular letters, dated March 30th preceding, to take into consideration the revival of the exercise of the privilege of wearing the distinction before named. The Lyon Depute assigned his acting on the occasion to the 7iature of his office, by which he was appointed to attend to the ob- servance of regularity, and propriety in all matters of honour. The following is an account of the proceedings at the said meeting : — Edinburgh, June 14, 1774. At a General Meeting of the Baronets of Scotland, with the previous approbation of many of them, who could not attend in consequence of advertisements from the Lyon office. THERE WERE PRESENT. Sir Robert Gordon of Gordonstomi, Sir William Stirling of Ardoch, Sir Alexander Douglas of Glenber\4e, Sir Alexander Dick of Prestonfield, Sir Alexander Macdonald of Slate, Sir James Clark of Pennycuick, Sir William Forbes of Monymusk, Sir Robert Dalyell of Binns, Sir WilHam Maxwell of Calderwood, Sir John Inglis of Craramond, Sir Stair Agnew of Lochnaw, Sir James Dunbar of Mochrum, Sir Henry Munro of Foulis, Sir John Dalrymple of Cranstoun, Sir John Sinclair of Stevenson, Sir Archibald Grant of CuUen, Sir Henry Seton of Culbeg, Sir John Gordon of Earlstoun, Sir Alexander Stirling of Glorat, Sir John Whiteford of Blairquhan. PROXIES FOR Sir John Dick of Braid, The Right Hon. the Earl of Lauderdale, Sir John Cuningham of Caprington, Sir Ludowick Grant of Dalvey, Sir John Wedderburn of Ballindean, Sir John Ogilvy of Innerquharitj'. Letters were produced, and read from the following persons who agree to the measure of wearing the badge. Sir James Colquhoun of Luss, Sir Richard Murray of Blackbarony, Sir Alexander Gordon of Lismore, Sir James Foulis of Colinton, Sir Alexander Ramsay of Balmain, The Right Hon. the Earl of Home, Sir Thomas Burnett of Leys, Tlie Right Hon. the Earl of Galloway, H h 238 HISTORICAL ACCOUNT, ETC., The Right Hon. the Earl of Stair, Sir John Sinclair of Longformacus, Sir Alexander Purves of Purves, The Right Hon. Lord Napier, The Right Hon. the Earl of Cassilis, Sir William Maxwell of Springkell, Sir Robert Laurie of Maxwellton, Sir Robert Grierson of Lag, Sir Michael Malcolm of Lochore, Sir James Home of Coldingham, Sir James Johnstone of Westerhall, Sir William Augustus Cunyngham of Livingstoun. Sir George HayMacdougallof Atherston. Sir Roderick Mackenzie of Seatwell, Sir Robert PoUock of Pollock. The meeting unanimously elected Sir Robert Gordon of Gordonstoun, the first baronet of the Nova Scotia Order, their president ; and James Cummyng, keeper of the Lyon records, their clerk. There was laid before the meeting, and considered by, an authentic extract of the royal warrant of king Charles the L, of date 7 November, 1629, ttuthorising the baronets of Scotland ' to wear a medal or badge, therein described ; and several original medals of the order were produced by several baronets, whose ancestors had worn them, together with several patents of different dates. They then unanimously resolved from respect to the cro\\'Ti, by which this badge was bestowed, and in duty to their families, to re-assume this privilege of their order : and they hereby appoint. Sir Alexander Macdonald of Slate, Sir William Forbes of Monymusk, Sir Henry MoncreiffWellwoodof Tullibole, The Right Hon. the Earl of Hyndford, Sir George Preston of Valleyfield, Sir Robert Henderson of Fordel. Sir Alexander Stirling of Glorat, Sir William Erskine of Cambo, Sir John Cuningham of Caprington, Sir Alexander Dick of Prestonfield, Sir John Dalrymple of Cranstoun, Sir George Hay Macdougal of Atherston. Sir James Wemyss of Bogie, The Right Hon. the Earl of Lauderdale, Sir Archibald Grant of Cullen, Sir John Gordon of Earlstoun, Sir John Whiteford of Blairquhan. together with such gentlemen present at this meeting, not immediately above mentioned, to be a committee, any five of their number to be a quorum, to meet and transmit the resolixtions of this meeting to those gentlemen of the order who could not attend ; to communicate them with a copy of the circular letter from the Lyon office, together with authenticated extracts of the royal warrant before noticed, from the records of the lord a This warrant con/e»red the wearing of the badge upon the baronets of Nova Scotia solely, who qualified them- selves by taking of lands to obtain the honour . XOVA SCOTIA BARONETS. 239 Lyon's office, and of the privy council of ScotlancI, to his majesty's secretary of state, in whose department this part of the united kingdom lies, entreating his lordship to lay their resolutions before their most gracious sovereign ; and to do every other thing necessary to carry the resolutions of this meeting into execution. And they recommend to the committee to get the medals made under the inspec- tion of the Lvon court, conform to the model of those presented, each medal bearing tlie date of the creation of the baronet to whom it belongs, and to write a letter of thanks to the Lord Lyon for his attention to the honours of his country. — Signed, Robert Gordon, Preses ; James Gumming, Clerk, These papers mentioned hi the above minutes, were ion the 28th of June, 1775, presented to the earl of Suffolk, at the levee at St. James's, by Sir James Cockburn and such baronets as he could find in London ; and his lordship told him, he should lay them before the king, and if there was any answer, though he apprehended there could be none, it should be immediately communicated. And further, it may be observed, that, on the 30th of November thereafter, being St. Andrew's day, several Scots baronets made their appearance at court, in the ensigns of the order of Nova Scotia, the use of which was thus revived.'' It would seem that the baronets were apprehensive that certain measures which the government in 1 783 had in contemplation, would interfere with their rights to lands in Nova Scotia, as the following advertisements bear, which appeared in the public news- papers of that year. MEETING OF NOVA SCOTIA BARONETS, AND REPRESENTATION IN RIGHT OF THEIR LANDS IN NOVA SCOTIA. " As measures are taking in London which may materially affect their interests in the estates granted to their ancestors in Nova Scotia, a meeting of the baronets, and of those who in right of their grants of lands is desired, at Fortune's tavern, at Edinburgh, on Tuesday, 1st July next, at Two o'clock." — Edinburgh Courant, 1783. ^ There appears not any reason why the baronets s/iottid entreat as a matter of favour, a privilege which they were entitled to as a matter of riglit ; but this humble request seems to be founded upon the question, whether the badge appertained to the baronets of Scotland as well as to those of Nova Sco&i, a privilege which they were desirous to have extended, and allowed in common to both orders, and by this proceeding sought to have determined by the crown. b It is not a little singular, that after having presented the papers mentioned, the baronets without having had any answer from the king, shonld nevertheless have taken upon themselves the wearing of the decoration : if it was their right, they need not have applied for its allowance — if not their right, they were not warranted to assume it. 240 HISTORICAL ACCOUNT, ETC., NOVA SCOTIA. " The Baronets of Nova Scotia, or those who have right, as representatives to lands in that province, are requested to meet at Fortune's tavern, 1st October at 12 o'clock, when a memorial to the Lords of the Treasury, will be submitted to their consideration." — Edinburgh Advertiser, 1783. These advertisements were inserted by Sir William Forbes ; but nothing has been found to explain the specific measures to which those advertisements had reference ; or to show, what further took place in the business. From this period till 1831 the Nova Scotia baronets have seemed to have been totally indiiFerent to their territorial rights ; but by an advertisement, bearing date the 10th of June in that year, their attention was called to a meeting to be holden at Mac- kenzie's hotel, in Edinburgh. This meeting, w^hich took place on the 24th of the same month, was very thinly attended, though letters had been received previously from some who were unable to attend. There was laid before the meeting, a general statement with reference to the creations, privileges, and rights of the baronets ; which being considered by the parties assembled, with the documents referred to in it, they were of opinion, that it was desi- rable that the subject should be more generally understood by those having interest, but resolved that the statement should remain unpublished till a further meeting was agreed upon. No other meeting however has subsequently been holden, or any further measures adopted by the baronets for the establishment of those territorial rights to which they are evidently, legally entitled. And here it cannot but be remarked, that it redounds little to the honour of those baronets, who, while they are proud of their titles — a mere shadow of greatness, they should think the substance, in the acquirement of their lands, not worth looking after ; though, God knows, too many of them rather need estate, than title, to render them respectable. It does not appear necessary to recite ad longum the various clauses inserted in the grants to the Nova Scotia Baronets ; it may be sufficient to observe that they conveyed to each grantee, and his heirs male and assignees,^ 16000 acres of the territory of Nova Scotia, particularly defining, and describing the boundaries of the same, and conferred the degree and title to him, and his heirs male whomsoever ; and they contained an express exemption from the payment of any fine, or composition, or of the ordinary fees of the seals : right was also granted to the eldest sons, and apparent heirs male of the baronets a The word assignees, according to the Scottish law, implies that upon the failure of heirs male, the hen- male of the heir female, stands in the same situation as if he had been an heir male. — (Sibbald case, opinion of lord Jeffery.) NOVA SCOTIA BARONETS. 241 when arrived at the age of twenty-one years, to claim the honour of knighthood without the payment of fees. Tiie following examples of the grants of several baronies, may show the manner in which they were set out and described. In an old map published by Blew, of Amsterdam, anno 1662, of the coast of Labrador, or New England, are noticed a cluster of Islands named "Sybolds Notch" i. e., Sibhalds Bay. This seems to allude to the barony of the Sibbald Family, of which, Sir James Sibbald was created a baronet of Nova Scotia, 24th of July, 1630, with limitation to him, and his heirs male, and assignees whatsoever." The territory granted to him is thus described, viz : " All and whole that part and portion of the country, and Lordship of Nova Scotia in America, beginning at the north part of the lands, barony, and regality of Arnot, lying in Anticosti, belonging heritably to Sir Michael Arnot, of that Ilk, knight baronet, and from thence extending south the space of three miles northward by the sea-shore, and from thence proceeding eastward for the space of six miles, keeping altogether the space of three miles in breadth always, and until it extends to the number of sixteen thousand acres of land, with castles, towers, fortalices, &c., with all rights, privileges, &c. united and annexed into one free and entire barony and regality, to be called in all time to come the barony and regality of Rankeillor Sibbald." — fSasine recorded 3 Feb., 163 V. THE BARONY OF SIR WALTER NORTON, BARONET, In the Island of Cape Breton. Viz : " Beginning from the west side of the lands and barony of Barnbow, belonging heritably, to Sir John Gascoigne, of Barnbow, in the county of York, knight and baro- net, and lying on the north side of the river called the Great Schibone, in Cape Breton, passing towards the west from the said barony, ascending the river for the space of three miles, keeping always the river for the boundary thereof, on the south, and from thence passing northward for the space of six miles, keeping always three miles in breadth, and six in length, and the said barony for the boundary thereof, towards the east." — fSasine recorded, September, 1635). THE BARONY OF SIR ARCHIBALD NAPIER. Viz : " Beginning at the uttermost point towards the south, next to the eastern side of the barony of Dmiipace, lying on the northern side of Argalis bay, and thence ^ There is now pending in the court of session at Edinburgh, a claim to this baronetcy, in which the crown has by a remit from the lords of the treasury to the barons of the exchequer in Scotland, considered the lands and the title united in descent (1839). 242 HISTORICAL ACCOUNT, ETC., eastward three miles along the said bay, and thence northward six miles, but keeping six miles in breadth, to be called the Barony of Naper." But of this barony no sasine is recorded. These few citations may be enough to show the extent and description of those lands which formed a barony. And although the baronets of Nova Scotia at the present day may little estimate the possession of so noble a territory, which first led to the dig- nity conferred upon their ancestors : yet such a property is of no inconsiderable value, and might be as much worthy their attention, in the assertion of their rights, as the title they are proud to assume. The following hst of baronets who had sasine of their baronies in Nova Scotia, is taken from the minute book of general register of sasines at Edinburgh, &c. — Fol. 67-174. LIB. FOL. 1625. July. Seisin of Sir Alexander Strachan, of his lands in Nova Scotia, ofTliornton. .. .. .. . . 17 342 David Swingstoun, of one part of Nova Scotia, booked in the particular register in August, of Dunipace, or West quarter. . . Aug. Sir William Douglas of Glenbervie, of his part of Nova Scotia. . . . . . . . . 18 124 Sir William Douglas of one part of Nova Scotia, booked in the particular register of August, 1625. Sept. Sir William Alexander, of one part of the continent of Nova Scotia, afterwards earl of Stirling. .. 18 177 Oct. Sir Alexander Gordon, of one part of Nova Scotia, ofCluny. .. .. .. .. 18 200 John Colquhoun, of one part of Nova Scotia, of Luss, afterwards of Tilliquhoun. . . . . . . 1 8 20 1 Sir Richard Murray, of his part of Nova Scotia, of Cockpool, represented by the earl of Mansfield.. . 18 202 Nov. Sir Gilbert Ramsay, of his part of Nova Scotia, of Balmain. . . . . . . . . IS 233 1626. May. Sir William Forbes, of one part and portion of Nova Scotia, of Monymusk, now of Pitsligo.. . .. 19 166 Sir George Johnstoun, of one part of New Scotland, ofCaskieben. .. .. .. ..19 177 June. Sir Thomas Burnet, of one part of Nova Scotia, of Leys. .. .. .. .. .. 19 212 NOVA SCOTIA BARONETS. 243 I.IB. FOL. 1626. June. Seisin of Sir John Lesly, of one part of the lands in New Scotland, of Wardes and Findrassie. . . . . 19 215 Sir James Gordoun, of one part of the lands of Nova Scotia, of Lismore. . . . . • . 19 219 Sir John Moncrciff, of one part of the lands of New Scotland, of Moncreiff of TuUibole. . . . . 19 259 July. Sir William Murray, of one part of the lands of Nova Scotia, of Clairmounth, of Hillhead. . . . . 19 338 Nov. Sir John Wemys of one part of Nova Scotia, of Weniys, afterwards earl Wemys. . . . . 20 170 Sir George Johnstoun, of one part of New Scotland. 20 203 1627. Feb. Sir John Blackadder, of one part of Nova Scotia, of Tullicallan. .. .. .. .. 20 317 July. Sir Duncan Campbell, of one part of the lands of Nova Scotia, of Glenurquhy, now earl of Breadalbane. 21 365 John Livingstoun, of Kinnaird,of one partof the lands of Nova Scotia, represented by earl Newbiirgh, as considered. . . . . . . . . 22 3 Sir John Ogilvy, of one part of the lands of Nova Scotia, of Innerquharity. . . . . . . 22 9 Sir William Cunningham, of one part of Nova Scotia, of Cunningamhead. .. .. . . 22 15 Augt. Sir James Ogilvy, of one part of Nova Scotia, of Banff, afterwards lord Banff. . . . . 22 33 Dec. Sir James M'Gill, of one part of Nova Scotia, of Cranstoun Riddell, represented by Sir John H. Dalrymple, of Cranstoun, Bart. . . . . 22 278 1628. May. Sir Thomas Hope, of lands in Nova Scotia, of Craig- hall. .. .. .. .. .. 23 301 Sir Colin Campbell, of lands in Nova Scotia, of Lundie, in Angus. . . . . . . . . 23 327 Sir Robert Innes of lands in Nova Scotia, of Innes, now duke of Roxburgh. . . . . . . 23 330 Oct. Sir Archibald Murray, of lands in Nova Scotia, of Blackbarony. . . . . . . . . 24 421 Nov. Sir Donald M'Kay, of lands in Nova Scotia, of Strath n aver, now lord Reay. . . . . 25 8 244 HISTORICAL ACCOUNT, ETC., LIE. FOI.. 1628. Nov. Seisin of Sir Arthur Forbes, of lands in Nova Scotia, of Castle Forbes, now lord Forbes. . . . . . . 25 26 Sir Francis Hamiltoun, of lands in Nova Scotia, of Killach. .. .. .. .. .. 26 29 Dec. Sir Samuel Johnstoun, of lands in Nova Scotia, of Elphinstoun. . . . . . . . . 25 61 Sir Dougal Campbell, of lands in Nova Scotia, of Auchinbreck. . . . . . . . . 25 108 Sir Donald Campbell, of lands in Nova Scotia, of Ardnamurchan. . . . . . . . . 25 1 11 Sir Robert Montgomery, of lands in Nova Scotia, of ' Skelmorly, represented by the earl of Eglintoun. 25 112 1629. Jan. Edward lord Newburgh, of lands in Nova Scotia, Barrett lord Newburgh, represented by lord Dacre as supposed. . . . . . . 25 135 Feb. Sir John Riddell, of lands in Nova Scotia, of Riddell. 25 227 Mar. Sir James Livingstoun, of lands in Nova Scotia, of Newbigging, represented by viscount Tevist. . . 25 295 April. Sir William Cockburn, of lands in Nova Scotia, of Langtoun. . . . . . . . . 25 366 Aug. Sir William Bruce, of the barony of Stenhouse, in Nova Scotia. . . . . . . . . 26 308 Sir James Oliphant, of the barony of Oliphant, of Newton. . . . . . . . . . . 26 341 1630. Jan. Sir WiUiam Graham, of the barony of New Braco, of Braco,. . . . . . . . . . 27 256 Sir William Elphinstone, of the barony of New Glas- gow, his majesty's cup bearer. . . . . 27 269 Feb. Sir John Nicolson, of the barony of Laswade, in America, afterwards of Glenbervie. . . . . 27 293 March, Sir John M'Kenzie, of the barony of Tarbat, in America, afterwards earl of Cromarty. . . . . 26 6 July. Sir Michael Arnot, of the barony of Arnot, in America. . . . . . . . . . . 29 61 Oct. Sir Patrick Murray, of the barony of Elibank Mur- ray, in Nova Scotia, now lord Elibank, Magnee spes altera Britanniae. . . . . . . 29 162 XOVA SCOTIA BARONETS. 245 MB. POL, 29 369 30 32 30 11 30 152 30 260 30 289 31 130 31 261 1630. Dec. Seisin of Sir William Murray, of the barony of New Duncam, in Nova Scotia, and of the haill gold mines within the said barony of Duncarn. 1631. Jan. Sir George Forrester, of the barony of Corstorphine, in Nova Scotia, afterwards lord Forrester. Feb. Sir James Sibbald of the barony of Ilankeiller Sibbald in Nova Scotia, now under claim l)e- fore the court of session. Sir Robert Richardson, of the b.irony of Pericaitland, in Nova Scotia. April. Sir James Maxwell, of the barony of Mauldslie, in Nova Scotia, of Calderwood.. . Sir Henry Wardlaw, of the barony of Wardlaw, in Nova Scotia, of Pitreavie. June. Sir John Gordoun, of the barony of New Embo, in Nova Scotia, of Embo. July. Sir James Sinclair, of the l:)arony of Cannisby Sinclair, in Nova Scotia, and haiil gold mines wathin the said barony, now earl of Caithness. Sep.^ Sir Colin Campbell of the barony of Glenurquhy Campbell, in Nova Scotia, and haill iron and gold mines within the samen, and privilege of transport- ing of all gold affecting mines thereto, now earl of Breadalbane. . . . . . . .. 32 36 1632. Feb. Sir Lachlan M'Lean, of the barony of New Morva- ren, with privilege to dig als deep as he pleases for gold mines and precious stones, of Morva- ren. . . . . . . . . . . 32 347 1633. Jan. Sir James Carmichael, of his barony in Nova Scotia, with power to dig for searching of gold mines, and for that effect to transport thither all gold affecting mines, of AVestraw, afterwards earl of Hyndford. 35 293 1634. June. Sir David Cunninghame, of the barony of Auchin- harv'ie, represented as considered by Robert Cun- ningliamc, of Seabank. . . . . . . 39 399 Au"-. Sir Alexander Foulis, of the barony of New Colling- ton, of Collington. . . . . . . 40 338 I i 246 HISTORICAL ACCOUNT, ETC., 1634. Aug. 1635. Aug. Sep. 1635. Sept. Decern 1636. July. 1637. Feb. March. July. Decern 1640. Nov. Seisin of Colonel Hector Munro, of the barony of New Foulis, of Foulis. Sir John Gascoigne, of one barony or portion of land in Nova Scotia, of Barnbow in Yorkshire. Heir unknown. Sir Arthur Pilkington, of one barony or portion of Land in New Scotland, of Stainlie in Yorkshire. Heir not known, — certainly not extinct. Sir Walter Norton, of one barony of land in New Scotland ; represented by the Editor of this work.* Sir Edward Widdrington, of one barony or portion of land in New Scotland, of Cairtington, co. North- umberland, afterwards Lord Widdrington. Sir James Hay, of one barony or portion of land in New Scotland, of Smithiield. Sir John Sinclair, of one barony of land in New Scotland, of Stevenstoun and Murkle. Sir Thomas Nicolson, of one barony of land in Nova Scotia, of Carnock; represented by Sir Michael Shaw Stewart of Blackball. Sir George Preston, of one barony of land in New Scotland, with the haill gold mines therein, and power to transport thereto all gold affecting mines, of Valleyfield. Sir Henry Wardlaw, of the barony of Wardlaw, which is imagined to be in New Scotland, of Pitreavie. . . Sir Andrew Ker, of a barony of land in New Scot- land, of Greenhead. Sir Robert Campbell of one part of Nova Scotia. . . 40 343 42 384 43 43 43 44 44 46 65 67 229 28 210 46 62 46 228 46 49 376 354 a Confiime J into another charter of lands, erected into the barony of St. Maur in New Scotland. N'OVA SCOTIA BAROXETS. 247 THK PERSONS AFTER NAMED OBTAINED CHARTERS OF LANDS IN NOVA SCOTIA, WHICH DO NOT APPEAR TO HAVE BEEN FOLLOWED BY SEISINS. Sir Robert Gordon, of Gordonstoun, represented by Sir James Gordon, of Letterfourie, William Earl Marishall, Keith Marishall, represented by Sir Alexander Keith, of Ravelston, knt., Donald M'Donald, Macdonald of Slate, now lord Macdonald,. . Sir Erskine, Sir George Ogilvey, Carnousie, afterwards earl of Findlater, . . James Stewart, Corsewall Stewart, second son of Alexander earl of Galloway, represented by the earl of Galloway, Peter Crosbie, of the privy council in Ireland, Banovia, Walter Crosbie, of Crosbie Park, Banovia, . . Archibald Napier, of Merchistoun, after lord Napier, Archibald Aitcheson, Monteagle, now earl Gosford, . . Sir Sandilands, . . Sir James Haliburton, of Piteur, Sir James Skene, of Curryhill, Sir John Crawford, of Kilbirnj^, . . Sir Cadell, Sir Robert Barr, Sir Andrew Stewart, lord Castle Stewart, . . John Preston, of Airdrie, Sir Patrick Agnew, Agnew, of Lochnaw, . . Sir Alexander Gibson, of Durie, . . Sir Robert Hannay, Mochrum, . . Sir William Forbes, Craigievar, . . Sir John Maxwell, of Pollock, Sir David Cunninghame, Robertland, Sir James Balfouer, Denmiln, Lyon king of arms. Sir PhUibert Vemate, Carleton, of Yorkshire, Sir Henry Bingham, Castlebar, of Mayo in Ireland, now earl of Lucan in that kingdom, Sir James Hamiltoun, Hamiltoun, of Broorahill, 28 May, 1625. 28 May, 1625. 14 July, 1625. 28 Dec, 1625. 24 April, 1626. 18 April, 1627. 24 April, 1627. 24 April, 1627. 2 May, 1627. 1 Jan., 1628. 10 Jan., 1628, 12 Jan., 1628. 22 Feb., 1628. 14 May, 1628. 21 May, 1628. 29 Sept., 1628. 20 Oct., 1628. 22 Feb., 1628. 28 July, 1629. 28 July, 1629. 31 Mar., 1630. 20 April, 1630. 25 Nov., 1630. 25 Nov., 1631. 22 Dec, 1633. 7 June, 1634. 7 June, 1634. 6 Jan., 1635. 248 HISTORICAL ACCOUNT, ETC., Maiy Belles,* Cudworth, Sir John Fortescue, Stainley, of Salden, county of Bucks, Sir Thomas Thomson, of Dudmgstone, Sir Edward Moir, of Longford, Nottinghamshire, Sir John Curzon, Kedleston, Derbyshire, now lord Scarsdale, . Sir Alexander Abercromby, of Birkenbog, . . Sir John Raney, Rutam, of Polham, Kent, (Index to Reg. Ma: Sigill. 13 Sept. 1636). Sir Gideon Baillie, Lochend, Sir Henry Slingsby, Scriven, Yorkshire, . . Sir Thomas Peirs, Stonypitts, Sir Edward Musgrave, of Hayton Castle, county of North umberland, Sir Edward Longueville, Wolverton, county of Bucks, Sir Amos Meredith, of Ashley Castle, Cheshire, Collins, in his baronetage, v. 5., p. 346, mentions a Sir Gilbert Pickering, of Titch- marsh, in Northamptonshire, to have been made a baronet of Nova Scotia, and gives a copious account of the family ; but leaves the date of the creation blank. The name does not appear in the records from which these lists have been taken. Tliere is a charter of king William the III., dated at Kensington, 27th June, 1693, and passed under the great seal of Scotland, confirming so lately as that year, a grant of lands in Nova Scotia, which emanated under the powers given by the charters to Sir WiUiam Alexander, lord proprietor of that colony, with the title of baronet, which with the lands as annexed thereto, privileges, &c., were resigned for the granting of this con- firmation to a new series of heirs. DATE. 19 Dec, 1635. 17 Feb.,1635-6. 20 Feb.,1635-6. 18 June, 1636. 8 June, 1636. 18 June, 1636 21 Nov., 1636 21 Nov., 1636 2 Mar., 1638 24 Mar., 1638 1- 20 Oct., 1638 17 Dec, 1638 2 Jan., 1639 » She was the wife of Sir Thomas Belles, of Osberton, co. Notts., and had a daughter Anne, who married Sir William Dalston, baronet. — (Collins's Baronetage, v. ii., p. 155J. NOVA SCOTIA UARONETS. 249 The following are patents, de tittilo militis baronetti in Scotland, and are given as a few examples to show that after the restoration of king Charles II., the description of Nova Scotia was omitted ; so that the baronets thus created, cannot be considered as coming under the conditions of the original foundation of that order. Index to Register of the Great Seal of Scotland. LIB. 60 1 7 Diploma to Sir Andrew Gilmour, .39 75 381 383 384 385 390 391 422 Sir John Foulis, of llavelston, , Sir George Ogilvy, of Barras, Sir David Carnegy, . . Sir Thomas Hay, of Park, Sir George Mowat, of Ingliston, Sir James Brown, of Barbadoes, Sir William Murray, of Stanhope, Sir John Henderson, of Fordel, Sir John Kircaldie, of Grange,. . DATE. Ifi Aug., 16G1. 15 Oct., 1G61. 5 Mar.,1661-2. 20 Feb., lfifi.3. 23 Aug., 16G3. 2 June, 1664. 17 Feb., 1664. 13 Feb., 1664. 15 July, 1664, 14 May, 1664. APPENDIX. NUMBER ONE. CHARTER IN FAVOUR OF SIR WILLIAM ALEXANDER, Knight, LORDSHIP AND BARONY OF NOVA SCOTIA, IN AMERICA. Jacobus Dei gratia Magnae Britanniae Franciae et Hyberniae Rex &c. Fideique De- Reg. Mag. Sig. fensor Omnibus probis hominibus totius terrae suae clericis et laicis salutem Sciatis nos semper ad quamlibet quae ad deeus et emolumeiitum regni nostri Scotiae spectaret oc- casionem amplectandum fuisse intentos nullamque aut faciliorem aut magis innoxiam acquisitionem censere quam quae in exteris et incultis regnis ubi vitae et victui suppetunt commoda novis deducendis coloniis facta sit praesertim si vel ipsa regna cultoribus prius vacua vel ab infidelibus quos ad Christianam converti fidem ad Dei gloriam interest plurimum insessa fuerunt sed cum et alia nonnulla regna et haec non ita pridem nostra Anglia laudabiliter sua nomina novis terris acquisitis et a se subactis indiderunt quam numerosa et frequens Di^^no beneficio haec gens hac tempestate sit nobiscum reputantes quamque honesto aliquo et utdi cultu earn studiose exerceri ne in deteriora ex ignavia et otio prolabatur expediat plerosque in novam deducendos regionem quam coloniis com- pleant operae praetium duximus qui et animi promptitudine et alacritate corporumque robore et viribus quibuscunque diificultatilius si qui alii mortalium uspiam se audeant op- ponere hunc conatum liuic regno maxime idoneum inde arbitramur quod \irorum tan- tummodo et mulierum jumentorum et frumenti non etiam pecuniae transvectionem pos- tulat neque incommodum ex ipsius regni mercibus retributionem hoc tempore cum negotiatio adeo imminuta sit possit reponere hisce de causis sicuti et propter fidele et gratum dUecti nostri consiliarii Domini Willelmi Alexandri eqidtis servitium nobis prae- APPENDIX. stitum et praestandum qui propriis impensis ex nostratibus primus externam banc colo- niam ducendam conatus sit diversasque terras infra-designatis Umitibus circumscriptas incolendas expetiverit Nos igitub ex regali nostra ad Christianam rebgionem propa- gandam et ad opulentiam prosperitatem pacemque naturabum nostrorum subditorum dicti regni nostri Scotiae acquirendam cura sicuti aUi principes extranei in tabbus casibus hactenus fecerunt cum avisamento et consensu praedilecti nostri consanguinei et consib- arii Joannis Comitis de Mar Domini Erskyn et Gareocb, &c. summi nostri thesaurarii com- putorum rotulatoris collectoris ac thesaurarii novarum nostrarum augmentationum bujus regni nostri Scotiae ac reliquorum dominorum nostromm commissionariorum ejusdem regni nostri Dedimus eoncessimus et disposuimus tenoreque praesentis cartae nostrae Damns concedimus et disponimus praefato Domino Willebno Alexander baeredibus suis vel assignatis qtiibuscunque haereditarie Omnes et singulas terras continentes ac insulas situat et jacen in America intra caput seu promontorium communiter Cap de Sable ap- peUat, jacen 2:)rope latitudinem quadraginta trium graduum aut eo circa ab equinoctiali bnea versus septentrionem a quo promontorio versus bttus maris tenden ad occidentem ad stationem navium Sanctae Mariae vulgo Sanctmareis bay et deinceps versus septen- trionem per directam lineam introitum sive ostium magnae illius stationis navium traji- cien qixae excurrit in terrae orientalem plagam inter regiones Suriquorum ac Steche- niinorum vidgo Suriquois et Stechemines ad flu^^um vulgo nomine Sanctae Crucis ap- peUat et ad scaturiginem remotissimam sive fontem ex occidental] parte ejusdem qui se primum praedicto fluvio immiscit unde per imaginariara directam lineam quae pergere per terram seu currere versus septentrionem concipietur ad proximam navium stationem fluvium vel scaturiginem in magno fluvio de Canada sese exonerantem et ab eo pergendo versus orientem per maris oras littorales ejusdem fluvii de Canada ad fluvium stationem navium portum aut bttus communiter nomine de Gathepe vel Gaspie notum et appeUa- tum et deinceps versus euronotum ad insulas Bacalaos vel Cap Britton vocat rebquendo easdem insulas a dextra et voraginem dicti magni fluvii de Canada sive magnae stationis navium et terras de Newfundland cum insulis ad easdem terras pertinentibus a sinistra et deinceps ad caput sive promontorium de Cap Britton praedict jacen prope latitudinem quadraginta quinque graduum aut eo circa et a dicto promontorio de Cap Britton versus meridiem et occidentem ad praedict Cap Sable ubi incepit perambulatio includen et comprebenden intra dictas maris oras littorales ac earum circumferentias a mari ad mari omnes terras continentes cum fluminiljus torrentibus sinubus littoribus insulis aut maribus jacen prope aut intra sex leucas ad aliquam earundem partem ex occidentali boreab vel orientali partibus orarum littoralium et praecinctuum earundem et ab euronoto (ubi jacet Cap Britton) et ex austrab parte ejusdem (ubi est Cap de Sable) omnia maria ac insulas versus meridiem intra quadraginta leucas dictarum orarum littoralium earun- dem magnam insulam vulgariter appellat He de Sable vel Sablon includen jacen versus APPENDIX. Carban vulgo south-south-eist circa triginta leucas a dicto Cap Britton in raari et existeii in latitudine quadraginta quatuor graduum aut eo circa Quaequideni terrae praedict omni tempore affuturo nomine Novae Scotiae in America gaudcbunt quas etiam prae- fatus Dominus Willelmus in partes et portiones sicut ei visum fuerit dividet cisdcmque nomina pro bene placito imponet Una cum omnibus fodinis tarn regalibus auri et argenti qiiam aliis fodinis ferri plumbi cupri aeris stanni aliisque mineraliljus qui- buscuiique cum potestate efFodiendi ac de terra effodere causandi purificandi et re- purgandi easdem et convertendi ac utendi suo proprio usui aut aliis usibus quibus- cunque sicuti dicto Domino Willelmo Alexander haeredibus suis vel assignatis aut iis quos suo loco in dictis terris stabilire ipsum contigcrit visum fuerit ( Reservando solummodo nobis et successoribus nostris decimam partem metalli vulgo oom auri et argenti quod ex terra in posterum efFodietur aut lucrabitur ) Relinquendo dicto Domino WiUelmo suisque praedict quodcunque ex aliis metallis cupri chalibis ferri stanni plumbi aut alioruni mineralium nos vel successores nostri quovismodo exigere possumus ut eo faciUus magnos sumptus in extrahendis praefatis metallis tolerare possit Una cum mar- garitis ^^^lgo pearle ac lapidibus praeciosis quibuscunque aliis lapicidinis silvis virgidtis mossis marresiis lacubus aquis piscationibus tam in aqua salsa quam recenti tarn rega- lium piscium quam aliorum venatione aucupatione commoditatibus et haereditamentis quiljuscunque Una cum plenario jure privilegio et jurisdictione liberac regalitatis capellae et cancellariae imperpetuum cumque donatione et patronatus jure ecclesiarum capellaniarum et beneficioriun cum tenentibus tenandriis et libere tenentium servitiis earundem una cum ofFiciis justiciarie et admiralitatis respective infra bondas respec- tive supra mentionat Una cum potestate civitates liberos burgos liberos portus villas et burgos baroniae erigendi et fora et nundinas infra bondas diet terrarum constitu- endi curias justiciariae et admiralitatis infra limites diet terrarum fluviorum portuum et marium tenendi una etiam cum potestate imponendi levandi et recipiendi omnia tolonia custumas anchoragia aliasque diet burgorum fororum nundinarum et liberorum portuum devorias et eisdem possidendi et gaudendi adeo libere in omnibus respectibus sicuti quivis baro major aut minor in hoc regno nostro Scotiae gavisus est aut gaudere poterit quovis tempore praeterito vel futuro cum omnibus aliis praerogativis pri-\Hilegiis immunitatibus dignitatibus casualitatibus proficuis et devoriis ad dictas terras maria et bondas earundem spectan et pertinen et quae nos ipsi dare vel concedere possumus adeo libera et ampla forma sicuti nos aut aliquis nostrorum nobilium progenitorum aliquas cartas patentes literas infeofamenta donationes aut diplomata concesserunt cuivis subdito nostro cujuscunque qualitatis aut gradus cuivis societati aut communitati tales colonias in quascunque partes extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma sicut eadem in hac praesenti carta nostra insereretur Facimus etiam constitu- imus et ordinamus dictum Dominum Willelraum Alexander haeredes suos aut assignatos K k APPENDIX. vel eorum deputatos nostros H/ereditarios Locum tenentes generales ad represen- tandura nostram personam regalem tarn per mare quam per terram in regionibus maris oris ac finibus praedict in petendo diet terras quamdiu illic manserit ac redeundo ab eisdem ad gubernandum regenduni et puniendum omnes nostros subditos quos ad dictas terras ire aut easdem inhabitare contigerit aut qui negotiationem cum eisdem suscipient vel in eisdem locis remanebunt ac eisdem ignoscendum et ad stabiliendum tales leges statuta constitutiones directiones instructiones formas gubernandi et magistratuum cere- monias infra dictas bondas sicut ipsi Domino Willelmo Alexander aut ejus praedict ad gubernationem dictae regionis et ejusdem incolarum in omnibus causis tam criminalibus quam civilibus visum fuerit et easdem leges regimina formas et ceremonias alterandum et mutandum quoties sibi vel suis praedictis pro bono et commodo dictae regionis placu- erit ita ut dictae leges tam legibus bujus regni nostri Scotiae quam fieri possunt sint Concordes Volumus etiam ut in casu rebellionis aut seditionis legibus utatur militaribus adversus delinquentes vel imperio ipsius sese subtrahentes adeo libere sicuti aliquis locum tenens cujusvis regni nostri vel dominii virtute officii locum tenentis habent vel habere possunt excludendo omnes alios officiarios hujus regni nostri Scotiae terrestres vel mari- timos qui in posterum aliquid jurisclamei commoditatis authoritatis aut interesse in et ad diet terras aut provinciam praedict vel aliquam inibi jurisdictionem virtute alicujus prece- dents dispositionis aut diplomatis pretendere possunt Et ut^nris honesto loco natis sese ad expeditionem istam subeundam et ad colones plantationem in dictis terris addatur animus nos pro nobis nostrisque haeredibus et successoribus cum avisamento et consensu prae- dict virtute praesentis cartae nostrae damns et concedimus liberam et plenariam potesta- tem praefato Domino Willelmo Alexander suisque praedict conferendi favores privilegia munia et honores in demerentes Cum plenaria po testate eisdem aut eorum alicui quos cum ipso Domino Willelmo suisque praedict pactiones vel contractus facere pro eisdem terris contigerit sub subscriptione sua vel suorum praedict et sigillo infra mentionato aliquam portionem vel portiones dictarum terrarum portuum navium stationum fluviorum aut praemissorum alicujus partis disponendi et extradonandi erigendi etiam omnium generum machinas artes facultates vel scientias aut easdem exercendi in toto vel in parte sicuti ei pro bono ipsorum \'isum fiierit dandi etiam concedendi et attribuendi talia officia titulos jura et potestates constituendi et designandi tales capitaneos officiarios balivos gubernatores clericos omnesque alios regalitatis baroniae et burgi officiarios aliosque ministros pro administratione justiciae infra bondas dictarum terrarum aut in via dum terras istas per mare petunt et ah eisdem redeunt sicuti ei necessarium videbitur se- cundum qualitates conditiones et personarum merita quos in aliqua coloniarum dictae provinciae aut aliqua ejusdem parte habitare contigerit aut qui ipsorum bona vel fortunas pro commodo et incremento ejusdem periculo committent et eosdem ab officio removendi alterandi et mutandi prout ei suisque praescript expediens videbitur Et APPENDIX. cum Imjusmodi conatus non sine magno labore et sumptibus fiunt magnamque pe- cuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et multorum suppetiis indigeant ob quam causam praefatus Dominus Willelmus Alexander suique praescript cum diversis nostris subditis aliisque pro particularibus periclitationibus et susceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel deputatis pro terris piscationibus mercimoniis aut populi transportatione cum ipsorum pecoribus rebus et bonis versus dictam Novam Scotiam contractus inhibunt volumus ut quicunque tales contractus cum dicto Domino Willelmo suisque praescript sub ipsorum subscriptionibus et sigillis expedient limitando assignando et affigendo diem et locum pro personarum bono- rum et rerum ad navem deliberatione sub poena et forisfactura cujusdam monetae summae et eosdem contractus non perficient sed ipsum frustrabunt et in itinere designato ei nocebunt quod non solum dicto Domino Willelmo suisque praedict prout esse prae- judicio et nocumento verum etiam nostrae tam laudabili intentioni obstabit et detrimen- tum inferet tunc licitum erit praefato Domino Willelmo Alexander suisque praedict vel eorum deputatis et conservatoribus inframentionatis in eo casu sibi suisve praedict quos ad hunc efFectum substituet omnes tales summas monetae bona et res forisfactas per talium contractuum violationera assumere Quod ut facilius fiat et legum prolixitas evi- tetur dedimus et concessimus tenoreque praesentis cartae nostrae damus et concedimus plenariam licentiam liliertatem et potestatem dicto Domino Willelmo suisque haeredibus et assignatis praedict eligendi nominandi assignandi ac ordinandi libertatum et privilegi- orum per praesentem banc nostram cartam sibi suisque praedict concessorum conserva- torem qui expcditae executioni leges et statuta per ipsum suosque praedict facta secundum potestatem ei suisque praedict per dictam nostram cartam concessam demandabit volu- musque et ordinamus potestatem dicti conservatoris in omnibus actionibus et causis ad personas versus dictam plantationem contrahentes spectantibus absolutam esse sine ulla appellatione aut procrastinatione quacunque quiquidem conservator possidebit et gaudebit omnia privilegia immunitates libertates et dignitates quascunque quae qui\ds conservator Scoticorum pri\'ilegiorum apud extraneos vel in Gallia Flandria aut alibi hactenus possi- derunt aut gavisi sunt quovis tempore praeterito Et licet omnes tales contractus inter dictum Dominum Willelmum suosque praedict et praedictos periclitatores per periclita- tionem et transportationem populorum cum ipsorum bonis et rebus ad statutum diem Ijerficientur et ipsi cum suis omnibus pecoribus et bonis ad littus illius provinciae animo coloniam ducendi et remanendi appellent et nihilominus postea vel omnino provinciam Novae Scotiae et ejusdem confinia sine licentia dicti Domini Willelmi ejusque praedict vel eorum deputatorum vel societatem et coloniam praedict ubi primum combinati et conjuncti fuerant derelinquent et ad agrestes aborigines in locis remotis et desertis ad habitandum sese conferent quod tunc amittent et forisfacient omnes terras prius iis concess omnia etiam bona infra omnes praedictas bondas et licitum erit praedicto Domino APPENDIX. Willelmo suisque praedict eadem fisco applicare et easdem terras I'ecognoscere eademque omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo peculiar] usui suorumque praedict convertere Et ut omnes dilecti nostri suhditi tarn regnorum nostro- rum et dominiorum quam alii exti'anei quos ad dictas terras aut aliquam earundeni partem ad mercimonia contrahenda navigare contigerit melius sciant et obedientes sint potestati et authoritati per nos in praedictum fidelem nostrum consiliarum Dominum Willelmum Alexander suosque praedict coUatae in omnibus talibus commissionibus warrantis et contractibus quos quovis tempore futuro faciet concedet et constituet pro decentiori et validiori constitutione officiariorum pro gubernatione dictos colones concessione terraruni et executione justiciae dictos inhabitantes periclitantes deputatos factores vel assignatos tangen in aliqua dictarum terrarum parte vel in navigatione ad easdem terras nos cum avisamento et consensu praedicto ordinamus quod dictus Dominus Willelmus Alexander sviique praedict unum commune sigillum habebunt ad officium Locum tenentis justiciariae et admiraUtatis spectan quod per dictum Dominum Willelmum Alexander suosque prae- dict vel per deputatos suos omni tempore futuro custodietur in cujus unolatere nostra insignia insculpentur cum his verbis in ejusdem circulo et margine Sigillum Regis ScoTiE Anglie Francie et Hybernie et in altero latere imago nostra nostrorumque successorum cum his verbis (Pro Nove Scotie Locum tenente) cujus justum exem- plar in manibus ac custodia dicti conservatoris reinanebit quo prout occasio requiret in officio suo utatur Et cum maxime necessarium sit ut omnes dilecti nostri subditi quotquot dictam provinciam Novae Scotiae vel ejus confinia incolent in timore omnipotentis Dei et vero ejus cultu simul vivant omni conamine intentus Christianam religionem inibi stabilire pacem etiam et quietem cum nativis incolis et agrestibus indigenis earum terra- rum colere (unde ipsi et eorvnn quilibet mercimonia ibi exercentes tuti cum oblectamento ea quae magno cum labore et periculo acquisivenint quiete possidere possint) nos pro nobis nostrisque haeredibas et successoribus volumus nobisque visum est per praesentis cartae nostrae tenorem dare et concedere dicto Domino Willelmo Alexander suisque praedict et eorum deputatis vel aliquibus aliis gubernatoribus officiariis et ministris quos ipsi constituent liberam et absolutam potestatem tractandi et pacem affinitatem amicitiam et mutua colloquia operam et communicationem cum silvestris illis aboriginibus et eorum principibus vel quibuscunque aliis regimen et potestatem in ipsos habentibus contrahendi observandi et alendi tales affinitates et colloquia quae ipsi vel sui praedict cum iis contrahent modo foedera ilia ex adversa parte per ipsos silvestres fideliter observentur quod nisi fiat arma contra ipsos sumendi quibus redigi possunt in ordinem sicuti dicto Willelmo suisque praedict et deputatis pro honore obedientia et Dei servitio ac stabil- imento defensione et conservatione authoritatis nostrae inter ipsos expediens videbitur Cum potestate etiam praedicto Domino Willelmo Alexander suisque praedict per ipsos vel eorum deputatos substitutos vel assignatos pro ipsorum defensione tutela omni tempore APPENDIX. et omnibus justis occasionibus in posterum aggrediendi ex inopinato invadendi expellendi et armis repellendi tarn per mare quam per terram omnibus modis omnes et singulos qui sine speciali licentia dicti Domini Willelmi suorumque praedict terras inhabitare aut mercaturum facere in dicta Novae Scotiae provineia aut quavis ejusdem parte conabuntur et similiter omnes alios quoscunque qui aliquid damni detrimenti destructionis laesionis vel invasionis contra provinciam illam aut ejusdem incolas inferre praesumunt quod ut facilius fiat licitum erit dicto Domino Willelmo suisque praedict eorum deputatis factoribus et assignatis contributiones a periclitantibus et incolis ejusdem levare in unum cogere per proclamationes vel quovis alio ordine taUbus temporibus sicuti dicto Domino WiUelmo suisque praedict expediens ^adebitur omnes nostros sub- ditos infra dictas limites dictae provinciae Novae Scotiae inhabitantes et mercimonia ibidem exercentes convocare pro meliori exercituum necessariorum supplemento et populi et plantationis diet terrarum augmentatione et incremento Cum plenaria potes- tate privilegio et libertate diet Domino Willelmo Alexander suisque praedict per ipsos vel eorum substitutes per quaevis maria sub nostris insigniis et vexillis nav-igandi cum tot navibus tanti oneris et tam bene munitione viris et victualibus instructis sicuti pos- sunt parare quovis tempore et quoties iis \-idebitur expediens ac onmes cujuscunque qua- litatis et gradus personas nostri subditi existentes aut qui imperio nostro sese subdere ad iter illud suscipiendum voluerint cum ipsorum jumentis equis bobus ovibus bonis et rebus omnibus munitionibus machinis majoribus armis et instrumentis miUtaribus quot- quot voluerint aliisque commoditatibus et rebus necessariis pro usu ejusdem colones mutuo commercio cimi nativis inhabitantiljus earum provinciarum aut aliis qui cum ipsis plantatoribus mercimonia contrahent transportandi et omnes commoditates et mercimonia quae iis Andebuntur necessaria in regnum nostrum Scotiae sine alicujus taxationis custu- mae aut impositionis pro eisdem solutions nobis vel nostris custumariis aut eorum de- putatis inde portandi eosdemque ab eorum officiis in hac parte pro spatio septem annorum diem datae praesentis cartae nostrae immediate sequen inhibendo quamquidem solam comraoditatem per spatium tredecim annorum in posterum libere concessimus tenoreque praesentis cartae nostrae concedimus et disponimus dicto domino Willelmo suisque praedict secundum proportionem quinque pro centum postea mentionat Et post tredecim iUos annos finitos licitum erit nobis nostrisque successoribus ex omnibus bonis et mercimoniis quae ex hoc regno nostro Scotiae ad eandem provinciam vel ex ea provineia ad dictum regnum nostrum Scotiae exportabuntur vel importabuntur in qui- busvis hujus regni nostri portubus per dictum Willelmum suosque praedict tantum quin- que libras pro centum secundum antiquam negotiandi morem sine uUa alia impositione taxatione custuma vel devoria ab ipsis imperpetuum levare et exigere quaequidem sum ma quinque lilirarum pro centum sic soluta per diet Dominum Willelmum suosque praedict aliisque nostris officiariis ad hunc effectum constitutis exinde licitum erit dicto Domimi l1 APPENDIX. Willelmo suisque praedict eadem bona de hoc regno nostro Scotiae in quasvis alias partes vel regiones extraneas sine alicujus alterius custumae taxationis vel devoriae solutione nobis vel nostris haeredibus aut successoribus aut aliquibus aliis transportare et avehere proviso tamen quod dicta bona infra spatium tredecim mensium post ipsarum in quovis hujus regni nostri portu appulsionem navi rursus imponantur Dan et conceden absolutam et plenariam potestatem dicto Domino Willelmo suisque praedict ab omnibus nostris subditis qui colonias ducere mercimonia exercere aut ad easdem terras Novae Scotiae et ab eisdem navigare voluerint praeter dictam summam nobis debitam pro bonis et mercimoniis quinque libras de centum vel ratione exportationis ex hoc regno nostro Scotiae ad pro- ■vnnciara Novae Scotiae vel importationis a dicta provincia ad regnum hoc nostrum Scotiae praedict in ipsius ejusque praedict proprios usus sumendi levandi et recipiendi et simili- ter de omnibus bonis et mercimoniis quae per nostros subditos coloniarum ductores ne- gotiatores et navigatores de dicta provincia Novae Scotiae ad quaevis nostra dominia aut alia quaevis loca exportabuntur vel a nostris regnis et aliis locis ad dictam Novam Scotiam importabuntur idtra et supra dictam summam nobis destinatam quinque libras de centum Et de bonis et mercimoniis omnium extraneorum aliorumque sub nostra obedientia ex- istentium quae vel de pro\'incla Novae Scotiae exportabuntur vel ad eandem importabun- tur ultra et supra diet summam nobis destinatam decern libras de centum dicti Domini WiUelmi suorumque predict propriis usibus per tales ministros officiarios vel substitutos eorumve deputatos aut factores quos ipsi ad hunc effectum constituent et designabunt levandi sumendi ac recipiendi Et pro meliori dicti Domini WiUelmi suorumque prae- dict aliorumque omnium nostrorum dilectorum subditorum qui dictam Novam Scotiam inhabitare vel ibidem mercimonia exercere voluerint securitate et commoditate et gene- raliter omnium aliorum qui nostrae authoritati et potestati sese subdere non gravabuntur nobis visum est volumusque quod licitum erit dicto Domino Willelmo suisque praedictis unum aut plura munimina propugnacula castella loca fortia specula armamentaria He blokhoussis aliaque aedificic\ cum portubus et navium stationibus aediiicare vel aedilicari causare una cum navibus bellicis easdemque pro defensione diet locorum applicare sicut dicto Domino Willelmo suisque praedict pro dicto conamine perficiejido necessarium videbitur proque ipsorum defensione militum catervas ibidem stabilire praeter praedicta supraraentionata et generaliter omnia facere quae pro conquaestu augmentatione populi inhabitatione preservatione et gubernatione dictae Novae Scotiae ejusdemque orarum et territorii infra omnes hujusmodi limites pertinentias et dejjendentias sub nostro nomine et authoritate qviodcunque nos si personaliter essemus praesentes facere potuimus licet casus specialem et strictum magis ordinem quam per praesentes praescribitur requirat cui mandate volumus et ordinamus strictissimeque praecipimus omnibus nostris justicia- riis officiariis et subditis ad loca ilia sese conferentibus ut sese applicent dictoque Domino Willelmo suisque praedictis in omnibus et singulis supra mentionatis earum substantiis APPENDIX. et circumstantiis inteiidaiit et obediant eisque in carum cxecutione in omnibus adco sint obedientes ut nobis cujus personam representat esse deberent sub poena disobedientiae et rcljellionis Et quia fieri potest quod quidam ad dicta loca transportandi refractarii sint et ad eadem loca ire recusabunt aut dicto Domino Willelmo suisque praedict resistent nobis igitur placet quod omnes vicecomites senescalli regalitatum balivi pacis justiciarii praepositi ct urbium balivi eorumque ofHciarll et justiciac ministri quicunque dictum Doniinum Willclmum suosquc deputatos aliosque praedict in omnibus et singu- lis legitimis rebus et factis quas facient out intendent ad eflfectum praedict similiter et eodem modo sicuti nostrum speciale warrantum ad hunc effectum haberent assistent fortisficicnt et eisdem suppetias ferant Declaramus insuper per praesentis cartae nostrae tenorem omnibus Christianis regibus principibus et statibus quod si aliquis vel aliqui qui in posteruni de dictis coloniis vel de earum aliqua sit in dicta provincia Novae Scotiae vel aliqui alii sub eorum licentia vel mandato quovis tempore futuro piraticam exercentes per mare A^el terram bona alicujus abstulerint vel aliquod injustuni vel indebitum liostiliter intra aliquos nostros nostrorumve haeredum et successorum aut aliorum regum principum gubernatorum aut statuum in foedere nobiscum existen sub- ditos quod tali injuria sic oblata aut justa querela desuj)er mota per aliquem regem principem gubernatorem statum vel eorum subditos praedict nos nostri haeredes et successores publicas proclamationes fieri curabimus in aliqua parte dicti regni nostri Scotiae ad liunc effectum magis commoda ut diet pirata vel piratae qui tales rapinas committent stato tempore per praefatas proclamationes limitando plenariae restituant quaecunque bona sic olilata et pro dictis injuriis omnimodo satisfaciant ita ut dicti prin- cipes aliique sic conquaerentes satisfactos se esse repetent et quod si talia facinora com- mittent bona oblata non restituent aut restitui faciant infra limitatum tempus quod tunc in posteruni sulj nostra protectione et tutela minime erunt et quod licitum erit omnibus principibus aliisqvie praedict delinqucntes eos liostiliter prosequi et invadere Et licet nem- inem noljilem aut generosuni de patria hac sine licentia nostra decedere statutum sit nihUominus volumus quod praesens hoc diploma sufficiens erit licentia et warrantum omnibus qui se liuic itineri committent qui laesaeniajestatis non siuit rei vel aliquo alio speciali mandato inhiliiti atquc etiani per praesentis cartae nostrae tenorem declaramus volumusquc quod nemo patria hac decedere perniittatur versus dictam Novam Scotiam nullo tempore nisi ii qui juramentum supremitatis nostrae primum susceperint ad quem effectum nos per praesentes dicto Domino Willelmo suisque praedict vel eorum conser- vatori vel deputatis idem hoc juramentum omnibus pcrsonis versus iUas terras in ea co- lonia sese conferentibus requirere et exhibere plenariam potestatem et autlioritatem da- mns et concedimus Praeterea nos cum avisamento et consensu antedict pro nobis et successoribus nostris declaramus decernimus et ordinamus quod omnes nostri subditi qui ad dictam Novam Scotiam proficiscentur aut eam incolent eorumque omnes liberi et 10 APPENDIX. posteritas qui ibi nasci contigerit aliique omnes ibidem periclitantes habebuiit et possi- debunt omnes libertates immunitates et privilegia liberorum et naturalium subditorum regni nostri Scotiae aiit aliorum nostrorum dominiorum sieuti ibidem nati fuissent Insuper nos pro nobis et successoribus nostris damns et concedimus dicto Domino Willelmo Alexander suisque praedict liberam potestatem stabiliendi et cudere causandi monetam pro commercio bberiori inhabitantium dictae provinciae cujusvis metalli quo modo et qua forma voluerint et eisdem praescribent atque etiam si quae quaestiones aut dubia super interpretatione aut constnictione alicujus clavxsulae in hae praesenti carta nostra contentae occurrent ea omnia sumentur et interpretabuntur in amplissinia forma et in favorem dicti Domini Willelmi suorumque praedict Praeterea nos ex nostra certa scientia proprio motu authoritate regali et potestate regia fecimus univimus annexavimus ereximus creavimus et incorporavimus tenoreque praesentis cartae nostrae facimus uni- mus annexamus erigimus creamus et incorporamus totam et integram dictam provinciam et terras Novae Scotiae cum omniljus earundem limitibus et maribus ac mineralibus auri et argenti plumbi cupri chalibis stanni aeris ferri abisque qviibuscunque fodinis margari- tis lapidibus praeciosis lapicidinis silvis virgultis mossis marresiis lacubus aquis pisca- tionibus tam in aquis dulcibus quam salsis tam regalium piscium quam aliorum civitati- bus liberis portubus liberis burgis urbibus baroniae burgis maris portubus anchoragiis machinis molendinis officiis et jurisdictionibus omnil^usque aliis generaliter et particula- riter supra mentionatis in unum integrum et liberum Dominium et Baroniam per prae- dict nomen Novae Scotiae omni tempore aflruturo appellandum Volumusque et concedi- mus ac pro nobis et successoribus nostris decermus et ordinamus quod unica sasina nunc per dictum Dominum Willehnum suosque praedict omni tempore affuturo super aliqua parte fundi diet terrarum et provinciae praescript stabit et sufficiens erit sasina pro tota regione cum omnibus partibus pendiculis privilegiis casualitatibus bbertatibus et immuni- tatibus ejusdem supramentionatis absque aliqua alia speciali et particuliari sasina per ipsum suosve praedict apud aliquam aliam partem vel ejusdem locum capienda penes quam sasinam omniaque quae inde secuta sunt aut sequi possunt nos cum avisamento et consensu supra expresso pro nobis et successoribus nostris dispensavimus tenoreque praesentis cartae nostrae modo subtus mentionat dispensamus in perpetuum Ten en et Haben totam et integram dictam regionem et dominium Novae Scotiae cum omnibus ejusdem limitibus infra praedicta maria mineralibus auri et argenti cupri chalibis stanni plumbi aeris ferri aliisque quibuscunque fodinis margaritis lapidibus praeciosis lapicidinis silvis virgultis mossis marresiis lacubus aquis piscationibus tam in aquis dulcibus quam salsis tam regalium piscium quam aliorum civitatibus liberis burgis liberis portubus urbi- bus baroniae burgis maris portubus anchoragiis machinis molendinis officiis et jurisdic- tionibus omnibusque aliis generaliter et particulariter supra mentionat cumque omnibus aliis privilegiis libertatibus immunitatibus casualitatibus aliis que supra expressis praefato APPENDIX. 1 1 Domino Willelmo Alexander haeredibus suis et assignatis de nobis nostrisque succes- soribus in feodo haereditate libera dominio libera baronia et regalitate imperpetiium per omnes rectas metas et limites suas praut jacent in longitudine et latitudine in domibus aedificiis aedificatis et aedificandis boscis planis moris marrcsiis viis semitis aquis stagnis rivolis pratis et pascuis molendinis multuris et eorum sequelis aucupationibus venation- ibus piscationibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbis columbariis fabrilibus brasinis bnieriis et genistis silvis nemoribus et virgiiltis lignis tignis lapicidiis lapide et calce cum curiis bludewitis placitis haerezeldis amerciament! s et muli- erum marchetis cum libero introitu et exitu ac cum furca fossa sok sac thole thame in- fangtheiff outfangtheiff vrrak wair veth vert vennesoun pitt et gaUows ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis asiamentis ac justis suis pertinentiis quibuscunque tam non nominat quam nominat tam subtus terra qviam supra terram procul et prope ad praedict regionem et dominium spectan seu juste spectare valen quomodolibet in futurum libere quiete plenarie integre honorifice bene et in pace absque ulla revoca- tione contradictione impedimento aut obstaculo quocunque Solvendo inde annuatim dic- tus Dominus Willelmus Alexander suique praedict nobis nostrisque haeredibus et suc- ccssoribus unum denarium monetae Scotiae super fundum diet terrarum et pro^nnciae Novae Scotiae ad festum Nativitatis Christi nomine albae firmae si petatur tantum Et quia tentione diet terrarum et pro^-inciae Novae Scotiae et alba firma supradict deficiente tem pestivo et legitime introitu cujusvis haeredis vel haeredum dicti Domini Willelmi sibi suc- ceden quod difficulter per ipsos praestari potest ob longinquam distantiam ab hoc regno nostro eaedem terrae et pro^■inciae ratione non-introitus in manibus nostris nostrorumve successorum devenient usque ad legitimum legitimi haeredis introitum et nos nolentes dic- tas terras et regionem quovis tempore in non-introitu cadere neque dictum Dominum WiUelmum suosque praedict beneficiis et proficuis ejusdem eatenus frustrari idcLrco nos cum a^-isamento praedict cum dicto introitu quandocunque contigerit dispensavimus te- neroque ejusdem cartae nostrae pro nobis et successoribus nostris dispensamus ac etiam renvmciaAnmus et exoneravimus tenoreque praesentis cartae nostrae cum consensu prae- dicto renunciamus et exoneramus dictum Dominum Willelmum ejusque praescript prae- fatum non-introitum dictae provinciae et regionis quandocunque in manibus nostris de- veniet aut ratione nonintroitus cadet cum omnibus quae desuper sequi possunt proviso tamen quod dictus Dominus Willelmus suique haeredes et assignati infra spatium septem annorum post decessum et obitum suorum praedecessorum aut introitum ad possessionem diet terrarum aliorumque praedict per ipsos vel eorum legitimos procuratores ad hunc effectum potestatem habentes nobis nostrisque successoribus homagium faciant et dictas terras dominium et baroniam aliaque praedict adeant et per nos recipiantur secundum leges et statuta dicti regni nostri Scotiae Denique nos pro nobis et successoribus nos- tris volumus decernimus et ordinamus praesentem banc nostram cartam et infeofamentum supra script praedict terrarum dominii et regionis Novae Scotiae prl\-ilegia et libertates M m 12 APPENDIX. ejusdem in proximo nostro Parliamento dicti regni nostri Scotiae cum contigerit ratifi- cari approbari et confirmari ut vim et efficaciam decreti inibi habeat penes quod nos pro nobis et successoribus nostris declaramus banc nostram cartam sufficiens fore warrantum et in verbo principis eandem ibi ratificari et approbari promittimus atque etiam alterare renovare et eandem in amplissiraa forma augere et extendere quoties dicto Domino Willelmo ejusque praedict necessarium et expediens videbitur Insuper nobis visum est ac mandamus et praecipimus dilectis nostris Vicecomitibus nostris in hac parte specialiter constitutis quatenus post hujus cartae nos- trae nostro sub magno sigillo aspectum statum et sasinam actualem et realem praefato Domino Willehno suisque praedict eorumve actomato vel actornatis turrarum dominii baroniae aliorumquae praedict cum omnibus privilegiis immunitatibus libertatibus aliisque supra exjiressis dare et concedere quam sasinam nos per praesentis cartae nostrae teno- rem adeo legitimam et ordinariam esse declaramus ac si praeceptum sub testimonio nos- tri magni sigilli in amplissiraa forma cum omnibus clausulis requisitis ad hunc effectum praedict liaberet penes quod nos pro nobis et successoribus nostris imperpetuum dis- pensamus In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum apponi praecepimus testibus praedilectis nostris consanguineis et consUiariis Jacobo Marcliione de Hamiltoun comite Aranie et Cambridge domino Aven et Inner- daill Georgio Mariscalli comite domino Keith &c. regni nostri mariscallo Alexandre comite de Dumfermeling domino F}'^de et Urquhart &c. nostro cancellario Thoma comite de Melros domino Bynning et Byres nostro secretario dilectis nostris familiaribus con- siliariis dominis Ricardo Cokburne juniore de Clerkingtoun nostri secret! sigilli custode Georgio Hay de Kinfawins nostrorum rotulorum registri ac consilii clerico Joanne Cok- burne de Orraestoun nostrae justiciariae clerico et Joanne Scott de Scottistarvet nostrae cancellariae directore militibus Apud castellum nostrum de Windsore decimo die men- sis Septembris anno Domini miUesimo sexentesimo vigesimo primo regnorumque nos- trorum annis quinquagesimo quinto et decimo nono respective. Per Signaturam manu S. D. N. Regis suprascriptam manibusque nostri Cancel- larii Thesaurarii Principalis Secretarii reliquorumq Dominorum nostrorum Commissionariorum ac Secreti nostri Consilii dicti Regni Scotiae subscript. Writtin to the Great Seall, 29. Septemb. 1621. J. Scott, gratis. Sigellat. Edinburgi, 29. Septemb. 1621, Ja. Raithe. (jrs. NUMBER TWO CHARTER OF NOYODAMUS IN FAVOUR OF SIR WILLIAM ALEXANDER OF MENSTRIE, Knight, OF THE LANDS, LOKDSHIP AND BARONY OF NOVA SCOTIA, IN AMERICA. Carolus Dei gratia Magnae Britanniae Franciae et Hiberniae Rex Fideique Defensor Omnibus probis hominibus totius terrae suae clericis et laicis salutem Sciatis nos semper ad quamlibet quae ad decus et emolumentum regni nostri Scotiae spectaret occasionem amplectandum fuisse intentos nullamque aut faciliorem aut magis innoxiam acquisitionem censere quam quae in exteris et incultis regnis ubi vitae et victui suppetunt commoda novis deducendis coloniis facta sit praesertim si vel ipsa regna cultoribus prius vacua vel ab infidelibus quos ad Christianam converti fidem ad Dei gloriam interest plurimum in- sessa fuerunt sed cum et alia nonnulla regna et haec non ita pridem nostra Anglia lauda- biliter sua nomina novis terris acquisitis et a se subactis indidernnt quam numerosa et frequens Divino beneficio haec gens hac tempestate sit nobiscum reputantes quamque honesto aliquo et utili cultu earn studiose exerceri ne in deteriora ex ignavia et otio pro- labatur expediat plerosque in novam deducendos regionem quam coloniis compleant operae praetium duximus qui et animi promptitudine et alacritate corporumque robore et viribus quibuscunque difficultatibus si qui alii mortalium uspiam se audeant opponere hunc conatum huic regno maxime idoneum inde arbitramur quod virorum tantummodo et mulierum jumentorum et frumenti non etiam pecuniae transvectionem postulat neque incommodum ex ipsius regni mercibus retributionem hoc tempore cum negotiatio adeo imminuta sit possit reponere hisce de causis sicuti et propter fidele et gratum dilecti nostri consiliarii Domini Willielmi Alexander equitis servitium nobis praestitum et praestandum qui propriis impensis ex nostratibus primus externam hanc coloniam du- cendam conatus sit diversasque terras infra designatis limitibus circumscriptas incolendas expetiverit Nos igitur ex regali nostra ad Christianam religionem propagandam et ad APPENDIX. 15 opulentiam prosperitatem pacemque naturalium nostrorum subditorum dicti regni nostri Scotiae acquirendam cura secuti alii principes extranei in talibus casibus hactenus fecerunt cum avisamento et consensu praedilecti nostri consanguinci et consiliarii Joannis Comitis de Mar Domini Erskyn et Gareoch &c. sunimi nostri thesaurarii computorum rotulatoris collectoris ac tliesaurarii novarum nostrarum augmentationum liujus regni nostri Scotiae ac reliquorum dominorum nostrorum commissionariorum ejusdem regni nostri Dedimus concessimus et disposuimus tenoreque praesentis cartae nostrae Damus concedimiis et disponinius praefato Domino Willielmo ^Vlexander haercdibiis suis et assignatis qui- buscunque haereditarie Onines et singulas terras continentes ac insulas situatas et jacen in America intra caput seu promontorium communiter Ca}) de Sable appellat, jacen prope latitudinem quadraginta trium graduum aut eo circa ab equinoctiali linea versus scptcn- trionem a quo promontorio versus littus maris tenden ad occidentem ad stationem navi- um Sanctae Mariae vulgo St Marie bay et deinceps versus septentrionem per dlrectam lineam introitum sive ostium magnae illius stationis navium trajicien quae excurrit in terrae orientalem plagam inter regiones Suriquorum ac Stecheminorum \-ulgo Suriqnois et Stec/iemines ad fluvium \Tilgo nomine Sanctae Crucis appellat et ad scaturiginem remo- tissimam sive fontem ex occidentali parte ejusdem qui se primum praedicto fluvio im- miscit unde per imaginariam directam lineam quae pergere per terram seu currere versus septentrionem concipietur ad proximam navium stationem fluvium vel scaturiginem in magno flu-i'io de Canada sese exonerantem et ab eo pergen versus orientem per maris oras littorales ejusdem fluvii de Canada ad fluvium stationem navium portum aut littus communiter nomine de Gathcpe vel Gasjjie notum et appellatum et deinceps versus eu- ronotum ad insulas Bacalaos vel Cap Britton vocat reliquendo easdem insulas a dextra et voraeginem dicti magni fluvii de Canada sive magnae stationis navium et terras de New- foundland cum insulis ad easdem terras pertinentibus a sinistra et deinceps ad caput sive promontorium de Cap Britton praedict jacen prope latitudinem quadraginta quinque gra- duum aut eo circa et a dicto promontorio de Cap Britton versus meridiem et occidentem ad praedict Cap de Sable ubi incepit perambulatio includen et comprehenden intra dictas maris oras littorales ac earum circumferentiam a mari ad mari omnes terras continentes cum fluminibus torrentibus sinibus littoriljus insulis aut maribus jacen prope aut intra sex leucas ad aliquam earundem partem ex occidentali boreali vel orientali partibus ora- rum littoralium et praecinctuum earundem et ab euronoto ubi jacet Cap Britton et ex australi parte ejusdem ubi est Cap de Sable omnia maria ac insulas versus meridiem intra quadraginta leucas dictarum orarum littoralium earundem magnara insidam vulgariter ap- pellat. Yle de Sable vel Saljlon includen jacen versus carban vulgo south-soiith-eist circa triginta leucas a Cap Britton praedict in mari et existen in latitudine quadraginta quatuor graduum aut eo circa Quaequidem terrae praedict omni tempore afi^uturo domine Novae Scotiae in America gaudebunt quas etiam pracfatus Dominus Willielmus in partes et 16 APPENDIX. portiones sicut ei visum fuerit dividet eisdemque nomina pro bene placito imponet Una cum omnibus fodinis tarn regabbus auri et argenti quam aUis fodinis ferri plumlji cupri stanni aeris ac abis minerabljus quibuscunque cum potestate effodiendi et de terra efFodere causandi purificandi et repui-gandi easdem ac convertendi ac utendi suo proprio usui aut abis usibus quibuscunque sicuti dicto Domino Wilbelmo Alexander baeredibus suis vel assignatis aut iis quos suo loco in dictis terris stabilire ipsum contigerit visum fuerit Re- servando solummodo nobis et successoribus nostris decimam partem metalli vulgo ure auri et argenti quod ex terra in posterum elfodietur aut lucrabitur Relinquendo dicto Domino Willielmo suisque praedict quodcunque ex aliis metallis cupri chalibis ferri stani plumbi aut aliorum mineralium nos vel successores nostri quovisraodo exigere pos- sumus ut eo facilius magnos sumptus in extrabendis praefatis metallis tolerare possit Una cum margaritis vulgo pearle ac lapidibus praeciosis quibuscunque aliis lapicidinis silvis virgultis mossis marresiis lacubus aquis piscationibus tam in aqua salsa quam re- centi tam regabum piscium quam aliorum venatione aucupatione commoditatibus et hae- reditamentis quibuscunque Una cum plenaria potestate privilegio et jurisdictione liberae regalitatis capellae et cancellariae imperpetuura cumque donatione et jure patronatus ec- clesiarum capellaniarum et beneficiorum cum tenentibus tenandriis et libere tenentium servitiis earundem Una cum officiis justiciariae et admiralitatis respective infra bondas respective supra mentionat Una etiam cum potestate civitates liberos burgos liberos por- tus villas et burgos baroniae erigendi ac fora et nundinas infra bondas diet terrarum con- stituendi curias justiciariae et admiralitatis infra limites diet terrarum fluviorum portuum et marium tenendi una etiam cum potestate imponendi levandi et recipiendi omnia to- lonia custumas ancboragia aliasque diet burgorum fororum nundinarum et liberorum por- tuum devorias et eisdem possidendi et gaudendi adeo libere in omnibus respectibus sicuti quivis baro major aut minor in hoc regno nostro Scotiae gavisus est aut gaudere poterit quo\'is tempore praeterito vel futuro cum omnibus aliis praerogativis privilegiis immuni- tatibus dignitatibus casualitatibus proficuis et devoriis ad dictas terras maria et bon- das earundem spectan et pertinen et quae nos ipsi dare vel concedere possumus adeo libere et ampla forma sicuti nos aut aliquis nostrorum nobilium progenitorum ali- quas cartas patentes literas infeofamenta donationes aut diplomata concesserunt cuivis subdito nostro cujuscunque qualitatis aut gradus cuivis societati aut communitati tales colonias in quascunque j)artes extraneas deducenti aut terras extraneas investiganti in adeo libera et ampla forma sicuti eadera in hac praesenti carta nostra insererentur Faci- mus etiam constituimiis et ordlnamus dictum Dominum Willielmum Alexander baeredes suos aut assignatos vel eorum deputatos nostros Haereditarios Locum tenentes generales ad repraesentandum nostram personam regalem tam per mare quam per terram in regi- onibus maris oris et iinibus praedict in petendo diet terras quamdiu illic manserit ac re- deundo ab eisdem ad gubernandum regendum puniendum et remittendura omnes nostros APPENDIX. subditos quos ad dictas terras ire aut easdem inhabitare contigerit aut qui ncgotiationem cum eisdem suscipient vel in eisdem locis remanebunt ac eisdem ignoscendum et ad sta- biliendum tales leges statuta constitiitiones directiones instructiones formas gribcrnandi et magistratuum caeremonias infra dictas bondas sicut ipsi Domino Williclmo Alexander aut ejus praedict ad gubernationem dietae regionis et ejusdem incolarum in omnibus causis tarn criminalibus quam civililjus visum fuerit et easdem leges regimina formas et caeremonias alterandum et mutandum quoties sibi vel suis praedictis pro bono et com- modo dietae regionis placuerit ita ut dietae leges quam legibus hujus regiii nostri Scotiac quam fieri possunt sint Concordes Volumus etiam ut in casu rebellionis aut seditionis le- gibus utatur militaribus adversus delinquentes vel imperio ipsius sese subtrahentes adeo libere sicuti aliquis locum tenens cujusvis regni nostri vel dominii virtute officii locum tenentis habent vel habere possunt excludendo omnes alios officiarios hujus regni nostri Scotiae terrestres vel maritimos qui in posterum aliquid jurisclamei commoditatis autho- ritatis aut interesse in et ad diet terras aut provinciam praedict vel aliquam inibi jurisdic- tionem virtute alicujus praecedentis dispositionis aut diplomatis praetendere possunt Et ut viris honesto loco natis sese ad expeditionem istam subeundam et ad colones planta- tationem in dictis terris addatur animus nos pro nobis nostrisque haeredibus et success- oribus cum avisamento et consensu praedict virtute praesentis cartae nostrae damus et concedimus liberam et plenariam potestatem praefato Domino Willielmo Alexander suis- que praedict conferendi favores privilegia munia et honores in demerentes Cum plenaria potestate eisdem aut eorum alicui quos cum ipso Domino Willielmo suisque praedict pactiones vel contractus facere pro eisdem terris contigerit sub subscriptione sua vel suo- rum praedict et sigillo infra mentionato aliquam portionem vel portiones dictaioim terra- rum portuum navium stationem fluviorum aut praemissorum alicujus partis disponendi et extradonandi erigendi etiam omnium genenim machinas artes facultates vel scientias aut easdem exercendi in toto vel in parte sicuti ei pro bono ij^sorum visum fuerit dandi etiam concedendi et attribuendi talia officia titulos jura et potestates constituendi et de- signandi tales capitaneos oflficiarios balivos gubernatores clericos omnesque alios regali- tatis baroniae et burgi officiarios aliosque ministros pro administratione justiciae infra bondas dictarum terrarum aut in via dum terras istas per mare petunt et ab eisdem re- deunt sicuti ei necessarium videbitur secundum qualitates conditiones et personarum merita quos in aliqua coloniarum dietae pro-\aneiae aut aUqua ejusdem parte habitare con- tigerit aut qui ipsorum bona vel fortunas pro commodo et incremento ejusdem periculo committent et eosdem ab officio removendi alterandi et mutandi prout ei suisque prae- script expediens videbitur Et cum hujusmodi conatus non sine magno laljore et sump- tibus fiunt magnamque pecuniae largitionem requirant adeo ut privati cujusvis fortunas excedant et multorum suppetiis indigeant ob quam causam praefatus Dominus Williel- mus Alexander suique praescript cum diversis nostris subditis aliisque pro particularibus 18 APPENDIX. periclitationibus et susceptionibus ibidem qui forte cum eo suisque haeredibus assignatis vel deputatis pro terris piscationibus mercimoniis aut populi transportatione cum ipso- rum pecoriljus rebus et bonis versus dictam Novam Scotiam contractus inibunt volumus ut quicunque tales contractus cum dicto Domino Willielmo suisque praescript sub ipso- rum subscriptionibus et sigillis expedient limitando assignando et affigendo diem et locum pro personarum bonorum et rerum ad navem deliberatione sub poena et forisfactura cujusdam monaetae summae et eosdem contractus non perficient sed ipsum frustrabunt et in itinere designato ei nocebunt quod non solum dicto Domino Willielmo suisque prae- dict prout esse prejudicio et nocumento verum etiam nostrae tam laudabili intentioni obstabit et detrimentum inferet tunc licitum erit praefato Domino Willielmo iVlexander suisque praedict vel eorum deputatis et conservatoribus inframentionatis in eo casu sibi suisve praedict quos ad hunc effectum substituet omnes tales summas monetae bona et res forisfactas per talium contractuum violationem assumere Quod ut facilius fiat et legum prolixitas evitetur dedimus et concessimus tenoreque praesentis cartae nostrae damns et concedimus plenariam licentiam libertatem et potestatem nostri concilii dominis ut eos in ordinem redigant et talium contractuum velfoederum violatores pro transportatione populo- rum fact puniant Et licet omnes tales contractus inter dictum Dominum Willielmum suos- que praedict et praedictos periclitatores per periclitationem et transportationem populorum cum ipsorum bonis et rebus ad statutum diem perficientur et ipsi cum suis omnibus pe- coribus et bonis ad littus illius provinciae animo coloniam ducendi et remanendi appellent et nihilominus postea vol omnino provinciam Novae Scotiae et ejusdem confinia sine licentia dicti Domini Willielmi ejusque praedict vel eorum deputatorum vel societatem et coloniam praedict ubi primum combinati et conjuncti fuerant derelinquent et ad agrestes aborigines in locis remotis et desertis ad haljitandum sese conferent quod tunc amittent et forisfacient omnes terras prius iis concess omnia etiam bona infra omnes praedictas bondas et licitum erit praedicto Domino Willielmo suisque praedict eadem fisco applicare et easdem terras recognoscere eademque omnia ad ipsos vel eorum aliquem quovismodo spectantia possidere et suo peculiari usui suorumque praedict convertere Et ut omnes dilecti nostri subditi tam regnorum nostrorum et dominiorum quam alii extranei quos ad dictas terras aut aliquam earundem partem ad mercimonia contrahenda navigare contigerit melius sciant et obedientes sint potestati et authoritati per nos in praedictum fidelem nos- trum consilianim Dominum Willielmum Alexander suosque praedict collatae in omnibus talibus commissionibus warrantis et contractibus quos quovis tempore futuro faciet conce- det et constituet pro decentiori et validiori constitutione officiariorum pro gubernatione dictos colones concessione terrarum et executione justiciae dictos inhabitantes periclitantes deputatos factores vel assignatos tangen in aliqua dictarum terrarum parte vel in navigatione ad easdem terras nos cum avisamento et consensu praedicto ordinamus quod dictus Dom- inus Willielmus Alexander suique praedict unum commune sigillum habebunt ad officium APPENDIX. 19 Locum tenentis justiciariae et adniiralitatis spectan quod per dictum Dominuni Williel- mum Alexander suosque praedict vel per deputatos suos omni tempore future custodie- tur in cujus unolatere nostra insignia insculpentur cum his verbis in cjusdem circulo et margine Sigh^lum Regis Scotie Angmk Fra.ncik et IIyijerxie et in altero latere imago nostra nostrorumque successorum cum his verbis (Pro Nove Scotie Locum tenente) cujus justum exemplar in manibus ac custodia dicti conservatoris rcmanebit quo prout occasio requiret in officio suo utatur Et cum maximc necessarium sit ut omnes dilecti nostri subditi quotquot dictam provinciam Novae Scotiae vel ejus confinia incolent in tiniore omnipotentis Dei et vero ejus cultu simul vivant omni conamine in- tentus Cliristianam religionem inibi stabilire pacem ctiam et quietem cum nativis incolis et agrestibus indigenis earum terrarum colore (unde ipsi et eorum quihbet mercimonia ibi exercentes tuti cum oblectamento ea quae magno cum labore et periculo acquisivenint quiete possidere possint) nos pro nobis nostrisque haeredibus ct successoribus volumus nobisqvie visum est per praesentis cartae nostrae tenorem dare et concedere dicto Domino Willielmo iVlexander suisque praedict et eorum deputatis vel aliquiljus ahis gubernatori- bus officiariis et ministris quos ipsi constituent liberam et absolutam potestatem tractandi et pacem affinitatem amicitiam et mutua coUoquia operam et comraunicationem cum silves- tris illis al)originil)us et eorum principibus vel quibuscunque aliis regimen et potestatem in ipsos habentibus contrahendi oljservandi et alendi tales affinitates et coUoquia quae ipsi vel sui praedict cum iis contrahent modo foedera ilia ex adversa parte per ipsos silvestres fideliter observentur quod nisi fiat arma contra ipsos sumendi quibus redigi possunt in ordinem sicuti dicto Domino WiUielmo suisque praedict et deputatis pro honore obedi- entia et Dei servitio ac stabilimento defensione et conservatione authoritatis nostrae inter ipsos expediens videbitur Cum potestate etiam praedicto Domino Willielmo Alexander suisque praedict per ipsos vel eorum deputatos substitutes vel assignatos pro ipsorum defensione tutela omni tempore et omnibus justis occasionibus in posterum aggrediendi ex inopinato invadendi expellendi et armis repellendi tam per mare quam per terram om- nibus modis omnes et singulos qui sine special! licentia dicti Domini Willielmi suorumque praedict terras inhabitare aut mercaturam facere in dicta Novae Scotiae provincia aut quavns ejusdem parte conabuntur et similiter omnes alios quoscunque qui aliquid damni detrimenti destructionis laesionis vel invasionis contra provinciam illam aut ejusdem in- colas inferre praesumunt quod ut facilius fiat Ucitum erit dicto Domino WiUielmo suisque praedict eorum deputatis factoribus et assignatis contributiones a periclitantibus et incolis ejusdem levare in unum cogere per proclamationes vel quovis aUo ordine talil^us tempo- ribus sicuti dicto Domino WiUielmo suisque praedict expediens videbitur omnes nostros subditos infra dictas limites dictae provinciae Novae Scotiae inhabitantes et mercimonia ibidem exercentes convocare pro meliori exercituum necessariorum supplemento et populi et plantationis diet terrarum augmentatione et incremento Cum plenaria potestate pri- oo 20 APPENDIX. vilegio et libertate diet Domino Willielmo Alexander suisque praedict per ipsos vel eorum substitutes per quaevis maria sub nostris insigniis et vexillis navigandi cum tot navibus tanti oneris et tarn bene munitione viris et victualibus instructis sicuti possunt parare quovis tempore et quoties iis videbitur expediens ac omnes cujuscunque quaUtatis et gradus personas nostri subditi existentes aut qui imperio nostro sese subdere ad iter illud suscipiendum voluerint cum ipsorum jumentis equis bobus ovibus bonis et rebus omnibus munitioni))us macliinis majoribus armis et instrumentis militaribus quotquot voluerint aliisque commoditatibus et rebus necessariis pro usu ejusdem colones mutuo commercio cum nativis inhabitantibus earum provinciarum aut aliis qui cum ipsis plantatoribus mer- cimonia contrahent transportandi et omnes commoditates et mercimonia quae iis videbuntur necessaria in regnum nostrum Scotiae sine alicujus taxationis custumae aut impositionis pro eisdem solutione nobis vel nostris custumariis aut eorum depu- tatis inde portandi eosdemque ab eorum officiis in hac parte pro spatio septem an- norum diem datae praesentis cartae nostrae immediate sequen inhibendo quamquidem solam commoditatem per spatiiim tredecim annorum in posterum libere concessimus tenoreque praesentis cartae nostrae concedimus et disponimus dicto Domino WiUielmo suisque praedict secundum proportionem quinque pro centum postea mentionat Et post tredecim illos annos finitos licitum erit nobis nostrisque successoribus ex omnibus bonis et mercimoniis quae ex hoc regno nostro Scotiae ad eandem provinciam vel ex ea pro- vincia ad dictum regnum nostrum Scotiae exportabuntur vel importabuntur in quibusvis hujus regni nostri portubus per dictum Dominum Willielmum suosque praedict tantum quinque libras pro centum secimdum antiquam negotiandi morem sine ulla alia imposi- tione taxatione custuma vel devoria ab ipsis imperpetuum levare et exigere quaequidem summa quinque librarum pro centum sic soluta per diet Dominum Willielmum suosque praedict aliisque nostris officiariis ad hunc effectum constitutis exinde licitum erit dicto Domino Willielmo suisque praedict eadem bona de hoc regno nostro Scotiae in quasvis alias partes vel regiones extraneas sine alicujus alterius custumae taxationis vel devoriac solutione nobis vel nostris haeredibus aut successoribus aut aliquibus aliis transportare et avehere proviso tamen quod dicta bona infra spatium tredecim mensium post ip- sarum in quovis hujus regni nostri portu appulsionem navi rursus imponantur Dan et conceden absolutam et plenariam potestatem dicto Domino Willielmo suisque praedict ab omnibus nostris subditis qui colonias ducere mercimonia exercere aut ad easdem terras Novae Scotiae et ab eisdem navigare voluerint praeter dictam summam nobis debitam pro bonis et mercimoniis quinque libras de centum vel ratione exportationis ex hoc regno nostro Scotiae ad provinciam Novae Scotiae vel importationis a dic- ta provincia ad regnum hoc nostrum Scotiae praedict in ipsius ejusque praedict pro- prios usus svunendi levandi et recipiendi et similiter de omnibus bonis et mercimoniis quae per nostros subditos coloniarum ductores uegotiatores et navigatores de dicta APPENDIX. 21 provincia Novae Scotiae ad quaevis nostra dominia aut alia quevis loca exportabun- tur vel a nostris regnis et aliis locis ad dictam Novam Scotiam importabuntur ultra et supra dictam summam nobis destinatam quinquc liliras dc centum Et de l)onis et mcrcimoniis omnium extraneorum alioruraquc sub nostra obedientia existcntium quae vel de provincia Novae Scotiae exportabuntur vel ad eandem importabuntur ultra et supra diet summam nobis destinatam decern libras de centum dicti Domini Wiilielmi suorumque praedict propriis usibus per tales ministros ofticiarios vel substitutes eorumve deputatos aut factores quos ipsi ad hunc effectum constituent et dcsignabunt levandi sumendi ac rccipiendi Et pro meliori dicti Domini Wiilielmi suorumque praedict alio- rumquc omnium nostronim dilectorum subditorum qui dictam Novam Scotiam inhabitare vel ibidem mercimonia exercere voluerint securitate et commoditate et generaliter omnium aliorum qui nostrae autlioritati et potestati sese subdere non gravabuntur nobis visum est volumusque quod licitum erit dicto Domino Willielmo suisque praedictis unum aut plura munimina propugnacula castella loca fortia specula armamentaria lie bfokfir/iissis aliaquc {edificia cum portuljus et navium stationibus aediiicare vel aedilicari causare una cum navi- bus beUicis easdemque pro defensione diet locorum applicare sicut dicto domino Williel- mo suisque praedict pro dicto conamine perficiendo necessarium videbitur proque ipsorum defensione militum catervas ibidem stabilire praeter praedictitum hostiliter intra aliquos nostros nostrorumve haere- dum et successorum aut aliorum regum principum gubematorum aut statuum in foedere nobiscum existen subditos quod tali injuria sic oblata aut justa querela desuper mota per aliquem regem principem gubernatorem statum vel eorum subditos praedict nos nostri baeredes et successores publicas proclamationes fieri curabimus in aliqua parte dicti rcgni nostri Scotiae ad hunc effectum magis commoda ut diet 22 APPENDIX. pirata vel piratae qui tales rapinas committent stato tempore per praefatas proclamationes limitando plenarie restituant quaecunque bona sic oblato et pro dictis injuriis om- nimodo satisfaciant ita ut dicti principes aliique sic conquaerentes satisfactos se esse repetent et quod si talia facinora committent bona oblata non restituent aut res- titui faciant infra limitatum tempus quod tunc in posterum sub nostra protectione et tutela minime erunt et quod licitum erit omnibus principibus aliiaque praedict delin- quentes eos hostiliter prosequi et invadere Et licet neminem nobilem aut generosum de patria hac sine licentia nostra decedere statutum sit nilulominus volumus quod praesens hoc diploma sufficiens erit licentia et warrantum omnibus qui se huic itineri committent qui laesaemajestatis non sunt rei vel aliquo alio speciali mandate inhibit! atque etiam jier praesentis cartae nostrae tenorem declaramus volumusque quod nemo patria hac decedere permittatur versus dictam Novam Scotiam nullo tempore nisi ii qui juramentum supremitatis nostrae primum susceperint ad quem effectum nos per prae- sentes dicto Domino Willielmo suisque praedict vel eorum conservatori vel deputatis idem hoc juramentvmi omnibus personis versus iUas terras in ea colonia sese conferenti- bus requirere et exhiljere plenariam potestatem et authoritatem damus et concedimus Praeterea nos cum avisamento et consensu antedict pro nobis et successoribus nostris declaramus decernimus et ordinamus quod omnes nostri subditi qui ad dictam Novam Scotiam proficiscentur aut eam incolent eorumque omnes liberi et posteritas qui ibi nasci contigerit aliique omnes ibidem periclitantes habebunt et possidebunt omnes libertates immunitates et privilegia liberorum et naturalium subditorum regni nostri Scotiae aut alio- rum nostrorum dominiorum sicuti ibidem nati fuissent Insuper nos pro nobis et succes- oribus nostris damus et concedimus dicto Domino Willielmo Alexander suisque praedict liberam potestatem stabiliendi et cudere causandi monetam pro commercio liberiori in- habitantium dictae provinciae cujusvis metalli quo modo et qua forma voluerint et eisdem praescribent atque etiam si quae quaestiones aut dubia super interpretatione aut con- structione aUcujus clausulae in hac praesenti carta nostra contentae occurrent ea omnia sumentur et interpretabuntur in amplissima forma et in favorem dicti Domini Willielmi suorumque praedict Praeterea nos ex nostra certa scientia proprio motu authoritate re- gali et potestate regia fecimus univimus annexavimus ereximus creavimus et incorpora- \'imus tenoreque praesentis cartae nostrae facimus unimus annexamus erigimus creamus et incorporamus totam et integram praedictam provinciam et terras Novae Scotiae cum omnibus earundem limitibus et maribus ac mineralibus auri et argenti plumbi cupri chalibis stanni aeris ferri aliisque quibuscunque fodinis margaritis lapidibus praeciosis lapi- cidinis silvis virgultis mossis marresiis lacubus aquis piscationibus tam in aquis dulcibus quam salsis tam regalium piscium quam aliorum civitatibus liberis portubus liberis burgis urbibus baroniae burgis maris portubus anchoragiis machinis molendinis offi- ciis et jurisdictionibus omnibusque aliis generaliter et particulariter supra mentionatis APPENDIX. 23 in unum integrum et liberum Dominium et Baroniam per praedict nomen Novae ScoTiAE omni tempore futuro appellandum Volumusque et concedimus ac pro nobis et successoribus nostris decernimus et ordinamus quod unica sasina nunc per dictum Dominum Willielmum suosque praedict omni tempore affuturo super aliqua parte fundi diet terrarum ct provinciae praescript stabit et sufficiens erit sasina pro tota regione cum omnibus partibus pendiculis privilegiis casualitatibus libertatibus et im- munitatDnis ejusdem supramentionatis absque abqua alia speciali et particuliari sasina per ipsum suosve praedict apud aliquam aHam partem vel ejusdem locum capicnda penes quam sasinam omniaque quae inde secuta sunt aut sequi possunt nos cum avisamento et consensu supra expresso pro nobis et successoribus nostris dispensavimus tenoreque prae- sentis cartae nostrae mode subtus mentionat dispensamus in perpetuum Tenen et Haben totam et integram dictam regionem et dominium Novae Scotiae cum omnibus ejusdem limitibus infra i^raedicta maria mineralibus auri et argenti cupri chalibis stanni plumbi aeris ferri aliisque quibuscunque fodinis margaritis lapidibus praeciosis lapicidinis silvis Aargultis mossis marresiis lacubus aquis piscationibus tam in aquis dulcilius quam salsis tam regalium piscium quam aliorum civitatibus liberis burgis liberis portubus urbi- bus baroniae burgis maris portubus anchoragiis machinis molendinis officiis et jurisdicti- onibus omnibusque aliis generaliter et particulariter supra mentionat cumque omnibus aliis privilegiis libertatibus immunitatibus casualitatibus aliisque supra expressis praefato Domino Willielmo Alexander haeredibus suis et assignatis de nobis nostrisque succes- soribus in feodo haereditate libero dominio libera baronia et regalitate imperpetuum per omnes rectas metas et limites suas prout jacent in longitudine et latitudine in domibus aediliciis aedificatis et aedificandis boscis planis moris marresiis viis semitis aquis stagnis rivolis pratis et i:)ascuis molendinis multuris et eorum sequelis aucupationibus venationibus piscationibus petariis turbariis carbonibus carbonariis cuniculis cuniculariis columbis columbariis fabrilibus brasinis brueriis et genistis silvis nemoribus et virgultis Ugnis tignis lapicidiis lapide et calce cum curiis bludewitis placitis haerezeldis amerciamentis et mu- lierum marchetis cum libero introitu et exitu ac cum furca fossa sok sac thole thame infangtheiff outfangtheifF wrak wair veth vert vennesoun pitt et gaUows ac cum omnibus aliis et singulis libertatibus commoditatibus proficuis asiamentis ac justis suis pertinentiis quibuscunque tam non nominat quam nominat tam subtus terra quam supra terram pro- cul et prope ad praedict regionem et dominium spectan seu juste spectare valen quomo- dolibet in futurum libere quiete plenarie integre honorifice bene et in pace absque ulla revocatione contradictione impedimento aut obstaculo quocunque Solvendo inde annua- tim dictus Dominus Willielmus Alexander suique praedict nobis nostrisque haeredibus et successoribus unum denarium monetae Scotiae super fundum diet terrarum et pro- Adnciae Novae Scotiae ad festum Nativitatis Christi nomine albae firmae si petatur tan- tum Et quia tentione diet terrarum et provinciae Novae Scotiae et alba firma supradict p p 24 APPENDIX. deficiente tempestivo et legitimo introitu cujusvis haeredis vel haeredum dicti Domini Willielmi sibi succeden quod difficulter per ipsos praestari potest ob longinquam distan- tiam ab hoc regno nostro eaedem terrae et provinciae ratione non introitus in manibus nostris nostrorumve successorum devenient usque ad legitimum legitimi haeredis introi- tum et nos nolentes dictas terras et regionem quovis tempore in non-introitu cadere neque dictum Dominum Willielmum suosque praedict beneficiis et proficuis ejusdem eatenus frustrai'i idcirco nos cum avisamento praedict cum dicto introitu quandocunque contigerit dispensavimus tenoreque ejusdem cartae nostrae pro nobis et successoribus nostris dispensamus ac etiam renunciavimus et exoneravimus tenoreque praesentis cartae nostrae cum consensu praedicto renunciamus et exoneramus dictum Dominum WiUiel- mum ejusque praescript praefatum non-introitum dictae provinciae et regionis quando- cunque in manibus nostris deveniet aut ratione non-introitus cadet cum omnibus quae desuper sequi possunt proviso tamen quod dictus Dominus Willielmus suique haeredes et assignati infra spatium septem annorum post decessum et obitum suorum praedecess- orum aut introitum ad possessionem diet terrarum aliorumque praedict per ipsos vel eorum legitimes procuratores ad hunc efFectum potestatem habentes nobis nostrisque suc- cessoribus homagium faciant et dictas terras dominium et baroniam aliaque praedict adeant et per nos recipiantur secundum leges et statuta dicti regni nostri Scotiae in quoquidem casu haeredes et assignati dicti Domini Willielmi Alexander non obstan praedicto non-in- troitu gaudebunt et possidebunt omnes et singulas praedictas terras regionem et dominium Novae Scotiae cum omnibus et singulis proficuis commoditatibus beneficiis privilegiis et libertatibus earund ac si dictus non-introitus non fuisset vel ac si in non-introitum nun- quam cecidissent Quaequidem terrae regio et dominium Novae Scotiae tarn terra firma quam insulae infra omnes et singulas dictas bondas et maria earund cum silvis piscationibus tam in aquis salsis quam dulcibus tam piscium regalium quam aliorum cum margaritis praeciosis lapidibus venis mineralibus regiis auri et argenti aliis mineralibus ferri chalybis plumbi cupri aeris stanni orichalci aliisque quiljuscunque ac omnibus privilegiis libertatibus immunitatibus praerogativis officiis et jurisdictionibus aliisque specialiter et generaliter supra-recitat perprius ad diet Dominum Willielmum Alexander suosque haeredes et assig- natos pertinuerunt et per ipsum suosque procuratores suo nomine in manibus nostris deb- ite et legitime resignatae fuerunt et hoc pro novo nostro haereditario infeofamento earund in favorem dicti Domini Willielmi suorumve haeredum et assignatorum praedict in debita et competenti forma ut congruit concedend tenend ut dictum est cum dispensatione non inti'oitus modo prescripto cum contigerit Insuper nos cum avisamento praescripto pro bono fideli et gratuito servitio nobis per dictum Dominum Willielmum Alexander praestito et impenso et respectu habito magnarum et multarum expensarum et sumptuum conferend et impendend in plantatione diet bondarum dominii et regionis Novae Scotiae et earund sub nostra obedientia reductione aliisque gravibus et causis onerosis De Novo Dedimus con- APPENDIX. 25 cessimus et disposuimus tenoreque praesentis cartae nostrae Damus concedimus et dispo- nimus praefato Domino Willielmo Alexander suisque haeredibus et assignatis haereditariae Omnes et singulas praedictas terras dominium ct regionem Novae Scotiae una cum omnibus et singulis castellis turribus fortalieiis manerium locis domibus aedeficiis ex- structis et exstruendis hortis pomariis plantatis et plantandis toftis croftis pratis pascuis silvis virgultis molendinis multuris terris molendinariis piscationiljus tarn rubrorum quam alioi^um piscium salmonum piscium tam magnorum quam minutorum tarn in aquis salsis quam dulcibus una cum omnibus et singulis decimis garbalibus earundem inclusis tam magnis quam minutis cum advocatione donatione beneficiorum ecclesiarum et capellani- arum et juribus patronatuum earund annexis connexis dependentiis tcncntibus tenaudriis et libere tenentium servitiis earund Una cum omnibus et singulis praeciosis lapidiljus gemmis cristallo alumine corallio et aliis cum omnibus et singulis mineralibus venis et lapicidiis earund tam metallorum et mineralium regalium et regiorum auri et argenti infra dictas bondas et dominium Novae Scotiae quam aliorum mineralium ferri chalybis stanni plmiibi cupri aeris oriclialci aliorumque mineralium quorumcunque cum omnibus et sin- gulis partibus pendiculis pertinentiis privilegiis libertatibus et immunitatibus omnium et singularum praedictarum terrarum dominii et regionis Novae Scotiae cum plena potes- tate et privilegio dicto Domino Willielmo Alexander haeredibus suis et assignatis tentandi et investigandi fodiendi et scrutandi fundum pro eisdem et extrabendi eadem purgandi repurgandi et purificandi eadem utendi convertendi ac suis propriis usibus applicandi (reservata solummodo nobis nostrisque successoribus decima parte regalium metallorum vulgo appellat The ore auri et argenti inveniend et extrabend in posterum de dictis terris et regione) et reliqua diet metallorum mineralium praeciosorum lapidum gemmarum ac aliorum quorumcunque dicto Domino Willielmo Alexander suisque haeredibus et assig- natis pertinebunt cum ipsis perpetuo remanend eorumque propriis usibus convertend cum omnibus proficuis et devoriis earund Cum potestate dicto Domino Willielmo Alex- ander suisque haeredibus et assignatis condendi extruendi et erigendi in et infra omnes bondas dictae regionis sicuti iis videbitur expediens civitates liberos burgos baroniae villas villulas sinus portus stationes naviura et designandi nundinas et macella tam in villis quam extra et imponendi levandi et recipiendi omnes et quascunque tolonias custu- mas anchoragia aliasque devorias earundem civitatum burgorum baroniae villarum villul- arum nundinarum niacellorum liberorum portuum sinuum na\-ium stationum cum omnibus et singulis casualitatibus proficuis et devoriis quibuscunque easdem civitates et burgos adornandi tam infra burgos quam extra cum sufiicientibus et habillbus magistratibus pacis justiciariis praepositis bali\ns senioribus cozistabulariis aliisque officiariis civibus burgensibus liberis et manufactoribus artificibus omnium generum cum decanis ipsorum aliisque ad hoc requisitis Cum plenaria potestate privilegio et liljertate iis eorumve liberis ci\'ibus et burgensibus vendendi vinum et cerara salmones haleces aliaque stapuli 26 APPENDIX. bona et mercimonia tarn magna quam minuta Et extruendi ecclesias capellas xenodo- chia lie hospitallis and maisoun dieues cruces forales campanilia campanas aliaque omnia ornamenta ordinaria eisdem spectantia et plantandi et sufficienter providendi easdem ecclesias cum suflBcientibus doctoribus praedicatoribus pastoribus et ministris Et simi- liter erigendi fundandi et extruendi scholas triviales collegia et universitates sufficienter provisas cum liabilibus et sufficientibus magistris rectoribus regentibus professoribus omnium scientiarum literarum linguarura et sermonum et providendi pro sufficiente ali- mento stijoendiis et victu pro eisdem ad hunc efFectum ac etiam erigendi praelatos archi- episcopos episcopos rectores et vicarios parochiarum et ecclesiarum parochialiura et dis- tribuendi et dividendi omnes praedict bondas diet regionis in diversis et distinctis vice- comitatibus provinciis et parochiis pro meliori provisione ecclesiarum et ministeriidivisione vicecomitatuum et omni alia civili politia Et similiter fundandi erigendi et instituendi senatum justiciae loca et justiciae collegia consilii et sessionis senatores earundem mem- bra pro justiciae administratione infra dictam regionem aliaque justiciae et judicaturae loca Praeterea erigendi et designandi tam secreta et privata consilia et sessiones pro pub- lico bono et commode dictae regionis et dand et concedend titulos honores et dignitates membris earundem et creand clericos et earundem membra et designand sigilla et regis- tra cum ipsorum custodibus Et etiam erigendi et instituendi officiarios status cancel- larium tliesaurariura computorum rotulatorem collectorem secretarium advocatum vel actornatum generalem clericum vel clericos registri et rotulorum custodes justiciariae clericum directorem vel directores cancellariae conservatorem vel conservatores privile- giorum dictae regionis advocates procuratores causarumque patronos earundemque soli- citatores et agentes aliaque membra necessaria Et simiUter convocandi congregandi et constituendi conventiones et congregationes ecclesiasticorum praelatorum tam generales speciales vel provinciales conventiones quam alias pro politia et disciplina ecclesiastica et authorizandi ratificandi et confirmandi easdem conventiones consilia et congregationes cum actis statutis et decretis inibi conclusis pro eorundem meliori aiithoritate Prae- terea fecimus constituimus et ordinavimus tenoreque praesentis cartae nostrae facimus constituimus et ordinamus dictum Dominum Willielmum Alexander suosque hae- redes et assignatos nostros nostrorumve haeredum et successorum Locum tenentes generales ad repraesentandum nostram regalem personam tam per mare quam terram totius et integrae dictae regionis et dominii Novae Scotiae tam durante spatio quo ibi remanebit quam in itinere ipsius vel eorum ad dictam regionem vel ab eadem et post ipsorum reditum continue sine intervaUo temporis aut loci excludendo omnes alios vel per mare vel per terram ab usurpatione hujus contrarii vel ab acclamatione alicujus juris beneficii authoritatis et interesse infra dictas bondas et dominium Novae Scotia vel ali- cujus judicaturae aut jurisdictionis eatenus virtute alicujus praecedentis aut subsequentis juris aut tituli cujuscunque Et cum speciali petestate dicto Domino WUlielmo Alex- APPENDIX. 27 ander suisque praedictis gubernandi regendi puniendi et condonaiidi oiniies nostros. subditos aliosque diet bondarum et regionis Novae Scotiae inhabitantes aut ibi proficis- centes pacis aut legum transgressores ac faciendi sanciendi et stabilieiidi ibidem leges tam civiles quam crimiuales cum legibus justiciariae admiralitalis senescallatus regalitatis et vicecomitatus pro eorum bene placito modo eacdem leges tam conformes sint legibus Scotiae quam convenienter fieri potest respectu habito circumstantiarum loci regionis personarum et qualitatum earundem Et similiter designandi gubernatores imperatores et ductores omnium et singularum praedictarum civitatum burgorum portuum navium stationum et sinuum et capitaneos etiam castrorum fortaliciorum et propugnaculorum tam per mare et prope littus quam per terram bene et sufficienter muniti instruct! et fortifi- cati militum turmis et copiis pro manutentione defensione et praeservatione earundem et repulsione omnium tam domesticarum quam extranearum invasionum earund et convo- candi congregandi et coiivenire faciendi omnes inhabitantes dictae regionis ad eflfectum praescriptum omnibus occasionibus necessariis ac pro repulsione et resistantia omnium aliarum virium et violentiarum quarumcunque Et pro meliori fortificatione diet dominii et regionis Novae Scotie cum potestate dicto domino Willielmo Alexander suisque prae- dict transportandi de dicto regno aliisve bondis convenientibus omnia genera munitionis magna et minuta tormenta majora media vulgo cannonis demi-cannonis zetlingis falconis aeris et ferri sclopetos atque alia instrumenta et belli machinas cum sclopetis minor- ibus vulgo muskettis hagbuittis half-haggis bombardis vulgo pistoletlis pulvere globulis aliisque necessariis victualibus et armis tam ofFensivis quam defensivis et gerendi et utendi talibus armis tam infra dictam regionem Novae Scotiae quam in eorum tran- situ et cursu vel ad easdem terras vel ab eisd cum eorum comitibus sociis et depen- dentibus Nos etiam cum avisamento praedicto fecimus constituimus et ordinavimus tenoreque praesentis cartae nostrae facimus constituimus et ordinamus dictum Domi- num Willielmum Alexander suosque haeredes et assignatos haereditarie nostros Justi- ciARios Generales in omnibus causis criminalibus infra dictam regionem et dominium Novae Scotiae Magnum Admirallum etDoMixuM Regalitatis et Admiralitatis infra dictam regionem Haereditarios etiam Senescallos ejusd omniumque et singularum regalitatum hujusmodi cum potestate sibi suisque haeredibus et assignatis utendi exer- cendi et gaudendi omnibus et singulis praefatis jurisdictionibus judicaturis et officiis cum omnibus et singulis privilegiis praerogativis immunitatibus et casualitatibus earund simil- iter et adeo libere quam aliquis alius justiciarius vel justiciarii generales senescalli ad- miralli •s'icecomites aut domini regalitatis liabuerunt vel habere possunt aut possidere et gaudere iisdem jurisdictionibus judicaturis officiis dignitatibus et praerogativis in ali- quibus nostris regnis bondis et dominiis nostris quibuscunque Cum potestate dicto Domino Willielmo Alexander suisque haeredibus et assignatis constituendi erigendi nominandi et creandi clericos officiarios serjandos adjudicatores omniaque alia curiae aq 28 APPENDIX. membra omnium et singularum praefatarum judicatura^^lm et jurisdictionum respective cum omnibus feodis devoriis et casualitatibus eisd spectan prout iis videbitur expediens sine praejudicio omnimodo omnium aliorum infeofamentorum jurium vel dispositionum per nos nostrosve praedecessores cuicunque personae vel quibuscunque personis qui par- ticipes sunt vel erunt dictae plantationis Novae Scotiae proceden supra resignationem dicti Domini Willielmi Alexander solummodo et non aliter de quibuscunque partibus aut portionibus dictae regionis et dominii Novae Scotiae cum privilegiis et immunitatibus in ipsorum infeofamentis mentionat Et quum ratione longi intervalli et distantiae dictae regionis et dominii Novae Scotiae a dicto antiquo regno nostro Scotiae et quod eadem regio neque facile neque commode nisi aestatis tempore peti potest quodque eadem regio publicis tabellionibus et notariis requisitis pro sasinis sumendis omnino est destituta adeo ut sasina commode sujjer fundum dictae regionis omnibus temporibus capi non potest atque etiam respectu habito magnorum et multifariorum in commodorum quae cadere possunt in defectu tempestivae sasinae sumendae super hoc praesens diploma et super alias cartas et similia infeofamenta concess et concedend de praedictis terris et dominio Novae Scotiae vel aliqua earundem parte igitur ut praesens haec nostra carta magis sit efficax et ut sasina desuper magis commode capi possit necessarium est ut sasina sumatur omnium et singularum praedictarum terrarum diet regionis et dominii Novae Scotiae infra dictum regnum nostrum Scotiae et super funda et terras ejusd in magis eminente ejusd loco quod nee convenienter nee legitime fieri potest sine expressa unione dictae regionis et dominii Novae Scotiae dicto regno Scotiae quocirca et pro fa- ciliori commodo et convenientia antedictae sasinae nos cum avisamento praedicto an- nexavimus univimus et incorporavimus tenoreque praesentis cartae nostrae unimus an- nexamus et incorporamus dicto regno nostro Scotiae totam et integrani praedictam regionem et dominium Novae Scotiae cum.decimis et decimis garbalibus earund inclusis et omnibus et singulis partibus pertinentiis privilegiis jurisdictionibus et libertatibus earundem aliisque generaliter et specialiter supra mentionat Et per praesentis cartae nostrae tenorem volumus declaramus decernimus et ordinamusquod unica sasina nunc capi- enda apud castellum nostrum de Edinburt tanquam maxime eminentem et principalem locum dicti regni nostri Scotiae de omnibus et singulis dictis terris regione et dominii Novae Scotiae vel aliqua earund parte cum decimis et decimis garbalibus earund respective in- clusis est et erit sufficiens sasina pro totis et integris praedict terris regione et dominio Novae Scotiae cum decimis et decimis garbalibus earimd inclusis vel aliqua earund parte terrarum et regionis praescript et omnibus privilegiis jurisdictionibus et liljertatibus ejusd respective aliisque specialiter et generaliter supramentionat iion obstante quod eadem terrae regio et dominium Novae Scotiae longe distet et discontigue jaceat a dicto regno nostro Scotiae penes quod nos cum avisamento et consensu praedicto dispensavimu« tenoreque praesentis cartae nostrae dispensamus imperpetuum sine praejudicio et dero- APPENDIX. 29 gatione omiiimodo diet privilegii et praerogativi praefato Domino Willielmo Alexander suisque haeredibus et assignatis concess pro confectionc et stabilamento legum actorum et constitutionum omnium et singularum praedict terrarum regionis et dominii Novae Scotiae tarn per mare quam per terram Et per praesentis cartae nostrae tenorcm decla- ramus quod non obstante dicta uiiione (quae concedi solummodo declaratur pro com- moditate et convenientia sasinae) eadem regie et dominium Novae Scotiae judicabitur rogetur et gubernabitur per leges et constitutiones fact fiend constituend et stabiliend per dictum dominum Willielmvmi Alexander suosque haeredes et assignatos spectan ad dic- tam regionem et dominium Novae Scotiae similiter et adeo libere in eo respectu sicuti eadem unio nunquam fuisset facta nee eatenus concessa Et praeterea non obstante prae- dicta unione licitum erit praedicto Domino Willielmo Alexander suisque haeredibus et assignatis dare concedere et disponere aliquas partes vel portiones diet terrarum regionis et dominii Novae Scotiae iis hereditarie spectan ad et in favorem quarumcunque persona- rum eorum haeredum et assignatorum haereditarie cum decimis et decimis garbalibus earund inclusis (modo nostri sint subditi) tenend de dicto Domino Willielmo Alexander vel de nobis et nostris successoribus vel in alba firma fuedifirma vel warda et relevio pro eorum beneplacito et intitulare et denominare easdem partes et portiones quibuscunque stilis titulis et designationibus iis visum fuerit aut in libito et optione dicti Domini Willielmi suorumque praedictorum quaequidem infeofamenta et dispositiones per nos nostrosve successores libere sine aliqua comjiositione propterea solvend approbabuntur et confirmabuntur Insuper nos nostrique successores quascunque resignationes per dictum dominum Willielmum Alexander suosque haeredes et assignatos fiendos de totis et integris praefatis terris et dominio Novae Scotiae vel aUcujus earund partis in mani- bus nostris nostrorumque successorum et commissionariorum praedict cum decimis et decimis garbalibus earund inclusis aliisque generaliter et specialiter supra mentionat recipiemus ad et in favorem cujuscunque personae aut quarumcunque personarum (modo nostri sint subditi et sub nostra obedientia vivant) et desuper infeofamenta expedient tenend in libera alba firma de nobis haeredibus et successoribus nostris modo supra men- tionat libere sine ulla compositione Quaequidem terrae regio et dominium Novae Sco- tiae cum decimis garbalibus earund inclusis omnesque et singulae partes pendicula et pertinentiae privilegia jurisdictiones praerogativae et liliertates earund aliaque specialiter et generaliter supra mentionat una cum omni jure titulo interesse jurisclameo tam peti- torio quam possessorio quae nos nostrive praedecessores aut successores habuimus habe- mus vel quovismodo habere clamare aut praetendere potuimus ad easdem vel aliquam earund partem aut ad census firmas proficua et devorias earundem de quibuscunque annis aut terminis praeteritis pro quacunque causa vel occasione nos cum avisamento praedict prorationibus supra mentionatis de novo damus concedimus et disposuimus praedicto Domino Willielmo Alexander suisque haeredibus et assignatis haereditarie imperpetuum 30 APPENDIX. renunciando et exonerando iisdem simpliciter cum omni actione et instantia eatenus competenti ad et in favorem dicti Domini Willielmi Alexander suorumque haeredum et assignatorum tam pro non solutione devoriarum in ipsorum originalibus infeofamentis content quam pro non praestatione debiti homagii eisdera conformiter aut pro non per- impletione alicujus puncti dicti originalis infeofamenti aut pro commissione alicujus cul- pae aut facti omissionis vel commissionis iisdem praejudicabili et unde idem originale infeofamentum legitime impugnari aut in quaestionem duci in posterum quovismodo possit acquietando et remittendo iisdem simpliciter cum omni titulo actione instantia et interesse eatenus competenti aut quae nobis nostrisque haeredibus et successoribus com- petere potest renunciando iisdem simpliciter jure lite et causa cum pacto de non petendo ac cum supplemento omnium defectuum tam non nominat quam nominat quae nos tan- quam pro expressis in hac praesenti carta nostra haberi volumus tenend in libera alba firma ut dictum est et dispensando cum non-introitu quandocunque contigerit modo praedicto Insuper nos pro nobis et successoribus nostris cum avisamento praedicto damns concedinius et committimus potestatem dicto Domino Willielmo Alexander suis- que haeredibus et assignatis liabendi et legitime stabiliendi et cudere causandi monetam currentem in diet regione et dominio Novae Scotiae et inter inhabitantes ejusd pro faci- liori commercii et pactionum commodo talis raetalli formae et modi sicuti ipsi designa- bunt aut constituent et ad hunc eifectum damns concedimus et committimus iis eorumve haeredibus et assignatis dictae regionis Locum tenentibus privilegia monetam cudendi cum instrumentis ferreis et officiariis ad hunc eifectum necessariis Praeterea nos pro nobis et successoribus nostris cum avisamento praedicto dedimus concessimus ratifica- vimus et confirmavimus ac per praesentis cartae nostrae tenorem damns concedimus ratificamus et confirmamus dicto Domino Willielmo Alexander suisque haeredibus et assignatis omnia loca privilegia praerogativas praeeminentias et praecedentias quascunque dat concess et reservat vel dand concedend et reservand dicto Domino Willielmo Alex- ander suisque haeredibus et assignatis ejusque successoribus Locum tenentibus dictae regionis et dominii Novae Scotiae per Equites auratos Baronettos reliquosque portiona- rios et consortes dictae plantationis adeo \\t dictus Dominus Willielmus Alexander suique haeredes masculi de corpore suo descenden tanquam Locum tenentes praedict sument et sumere possunt locum praerogati\Tim praeeminentiam et praecedentiam tam ante omnes armigeros barones minores et generosos vulgo squyris lairdis and ffentibnen dicti regni nostri Scotiae quam ante omnes praedictos Equites auratos Baronettos ejusd regni nostri omnesque alios ante quos dicti Equites aurati Baronetti locum et praecedentiam virtute privilegii dignitatis iis concess habere possunt pro cujus plantationis et coloniae Novae Scotiae adjumento et ejus praecipue respectu dicti Equites aurati Baronetti cum ipsorum statu et dignitate cum avisamento praedicto in dicto regno nostro Scotiae creati fuerant tanquam indicium speciale nostri favoris super tales generosos et honestos loco natos APPENDIX. 31 collat praedictae plantationis et coloniae participes Cum hac expressa provisione omni- modo quod numerus praefatorum Baronettorum nunquam excedat centum et quinqua- ginta Denique nos cum avisamento pracdicto pro nobis haeredibus et successoribus nostris volumus decernimus et ordinamus quod hoc nostrum diploma et infeofamentum ratificari approbari et confirmari cum omnibus ejusd contentis in proximo nostro Parlia- mento regni nostri Scotiae et ut habeat vim robur et efficaciam acti statuti et decreti ejusd supremae judicaturae penes quod nos pro nobis nostrisque successoribus declaramus et ordinamus praesentem banc nostram cartam dominis articulorum dicti nostri Parliamenti pro ratificatione et confirmatione ejusd modo praescripto sufficiens fore warrantum In- super dilectis nostris et vestrum cuilibet conjunctim et divisim Vicecomitibus nostris in hac parte speciahter constitutis salutem Vobis praecipimus et mandamus quatenus praefato Domino Williel- mo Alexander vel sue certo actornato latori praesentium statum et sasinam haereditariam pariter et possessionem corporalem actualem et realem totarum et integrarum praedicta- rum terrarum regionis et dominii Novae Scotiae cum omnibus et singulis partibus pen- diculis privilegiis commoditatibus immunitatibus aliisque tam generaliter quam parti- culariter superius expressatis apud dictum castrum nostrum de Edinburt tradatis et deliberetis sine dilatione et hoc nullo modo omittatis ad quod faciendum vobis et vestrum cuilibet conjunctim et divisim Adcecomitibus nostris in hac parte antedict nostram ple- nariam et irrevocabilem tenore praesentis cartae nostrae committimus potestatem quam- quidem sasinam nos cum avisamento praedicto pro nobis nostrisque successoribus tenore praesentis cartae nostrae volumus declaramus et ordinamus tam fore le'gitimam et suffi- cientem quam si praecejjta sasine separatim et ordinarie e nostra cancellaria ad eum effectum super dicta nostra carta fuissent directa penes quam nos cum avisamento prae- dicto pro nobis haeredibus et successoribus nostris dispensavimus ac per praesentis cartae nostrae tenorem dispensamus imperpetuum In cujus rei testimonium huic praesenti cartae nostrae magnum sigillum nostrum apponi praecepimus testibus praedilectis nostris consanguineis et consilariis Jacobo marchione de Hamiltoun comite Arranie et Cambrig domino Aven et Innerdail &c. Willielmo Mariscalli comite domino Keith &c. regni nostri mariscallo predilecto nostro consiliario Domino Georgio Hay de Kinfanes milite nostro cancellario predilecto nostro consanguineo et consiliario Thoma comite de Melros domino Bynning et Byres nostro secretario dilectis nostris consiliariis familiaribus Dominis Ricardo Cokburne de Clerkingtoun nostri secret! sigilli custode Joanne Hamiltoun de Magdaleus nostrorum rotulorum registri ac consilij clerico Georgio Elphinstoun de Blythwode nostre justiciarie clerico et Joanne Scot de Scotistarvet nostre cancellarie directore militibus Apud aulam nostram de Otlandis duodecimo die mensis Julij anno Domini millesimo sexcentesimo vigesimo quinto et regni nostri prime. R r 32 APPENDIX. NUMBER THREE. LETTERS FROM KING JAMES THE SIXTH, TO THE STATES OF SCOTLAND, PRELIMINARY TO THE FOUNDATION OF THE COLONY OF NOVA SCOTIA. Letter from King James the Sixth, to the Privy Council of Scotland, anent a Grant of Lands lying between Neiv England and Neivfoundland to Sir William Alexander, knight. JAMES R. Right trusty and welbeloued Cosens and Counsellours, and right trusty and welbeloued Counsellours, Wee greete yow well Haueing ever beene ready to embrace any good oc- casion whereby the honour or proffite of that our Kingdome might be aduanced and con- sidering that no kynd of conquest can be more easie and innocent then that which doth proceede from Plantationes specially in a Countrey commodious for men to liue in yet re- mayneing altogether desert or at least onely inhabited by infidells the conversion of whom to the christian fayth (intended by this meanes) might tend much^to the glory of God Since sundry other Kingdomes as like'U'yse this our Kingdome of late vertuously advent- ring in this kynd haue resined their names imposeing them thus upon new lands con- sidering (praysed be God) how populous that our kingdome is at this present and what necessity there is of some good meanes whereby ydle people might be employed prevent- ing worse courses wee think there are manie that might be spared who maie be fitt for such a forraine plantation being of mynds as resolute and of bodyes as able to ouercome the difficulties that such adventrers must at first encounter with as anie other nation whatsoever and such an enterprise is the more fitt for that our kingdome that it doth crave the transportation of nothing from thence but onely men women cattle and \-ictualls and not of money and maie giue a good returne of other commodit}'es affording the meanes of a new trade at this tyme when traffique is so much decayed for the causes aboue specifeit wee haue the more willingly barkened to a motion made unto us by our APPENDIX. 33 trusty and welbeloued Counsellour Sir William Alexander knight who hath a purpose to procure forraine plantation haueing made choice of lands lying betweene our Colonies of New England and Newfoundland both the Governours whereof haue encouraged him thereunto therefore that he and such as will undertake with him by getting of good security male be the better enabled hereunto Our pleasure is that after due consideration if you finde this course as wee haue conceaued it to be for the good of that our Kingdome That vow graunt unto the sayd Sir William his heires and assignees or to anie other that will jo)Tie with him in the whole or in anie part thereof a Signatour under our great seale of the sayds lands lying betweene New England and Newfoundland as he shall designe them particularly unto you To be holden of us from our Kingdome of Scotland as a part thereof united there\vith by anie such tenure and as freely as you shall fynde us to haue formerly graunted in the like case here or that yow shall think fitt for the good of the said plantation with as great priviledges and fauours for his and their benefite both by sea and land And with as much power to him and his heires and their deputyes to in- habite gouerne and dispose of the sayds lands as hath at anie tyme beene graunted by ws heretofore to anie of our subjects whatsoever for anie forraine Plantation or that hath beene graunted by anie Christian Prince of anie other Kingdome for the like cause in giveing authority power benefite or honour within the bounds to be plaunted to them or by warranting them to conferre the like upon anie particular enterpryser there who shall deserve the samen adding anie further conditiones for the furtherance hereof as yow shall think requisite and that the sayd Signatour be past and exped with all expedition And likewyse our pleasure is that yow give all the lawfull ayde that can be afiforded for fur- thering of this enterprise which wee will esteeme as good service done to ws for doing whereof these presents shall bee your warrant ffrom our Court at Beauier the 5th of August 1621. To our Right trusty and welbeloved Cosen and Counselloiir the Earle of Dumfermling oure Chancellour of Scotland And to our right trusty and welbeloved Counsellours The remnant Earles Lords and others of our Privy Councell of our sayd Kingdome. From his Majestie anent Baroneitis. JAMES R. Right trustie and welbeloved Counsellours Right trustie and weilbeloved Cosens and Counsellours and trustie and weilbeloved Counsellours We greate you weill The Letter 34 APPENDIX. ye sent giveing us thankes for renueing of the name of that our Ancient Klngdome within America intreateing our favour for the furthering of a Plantatioun ther was verie accep- table unto us and reposeing upon the experience of utheris of our subjects in the like kinde We ar so hopefull of that enterprise that we purpose to make it a worke of our owne And as we wer pleased to erecte the honour of Knicht Barronetts within this our Kingdome for advancement of the Plantatioun of Ireland So we doe desire to conferr the like honour within that our kingdome upoun suche as wer worthie of that degree and M'ill agree for ane proportioun of ground within New Scotland furnisheing furthe such a nomber of personis as salbe condiscended upoun to inhabite there Thus sail bothe these of the cheife sorte (avoydeing the usuall contentions at publick meetings) being by this hereditarie honour preferred to others of meaner qualitie know ther owne places at home and likewj'se sail have ther due abroad from the subjects of our other countreyis accord- ing to the course appointed for that our ancient Kingdome And the mentioning of so noble a cause within ther Pattents sail both serve the more by suche a singular merite to honour them and by so goode a ground to justifie our judgement with the posteritie But thouch the conferring of honour be meerely regall and to be done by us as we please yet we would proceed in no matter of suche moment without your advyce Our pleasure is haveing considered of this purpose if ye find as we conceave it to he both fitt for the credit of that our Kingdome and for the furtherence of that intended Plantatioun That ye certifie us your opinione concerning the forme and conveniencie thairof togither with your further advyce what may best advance this so worthie worke which we doe very muche affect but M'ill use no meanes to induce onie man thereunto further then the good- nes of the busines and his awne generous dispositioune sail perswade Neither doe we desire that onie man salbe sent for or travelled with by you for being Barronet but after it is founde fitt will leave it to their owne voluntarie choice not doubteing (howsoever some for want of knowledge may be averse) but that ther wilbe a greater nomber then we intend to make of the best sorte to imbrace so noble a purpose whereby bothe they in particular and the whole natione generally may have honour and profite And we wishe you rather to thinke how remedies may be provyded against ony inconveniences that may happin to occure then by conjectureing difficulteis to loose so faire and unre- coverable occasion whiche other nations at this instant are so earnest to undertake And for the better directing of your judgement we have appointed ane printed copie of that order quhiche was taken concerning the Barronettis of this our Kingdome to be sent unto you as it wes published by authorltie from us So desireing you to haste back your ansuere that we may signifie our further pleasure for this purpose We bid you faireweill from our Courte at Roystoun the 18 day of October 1624. APPENDIX. 35 To his Majestic anent the Baronettis. MOST SACRED SOVERANE We have considerit your Majesties Letter concerning the Baronettis and doe thereby persave your Majestie's great afFectioun towards this your ancient Kingdome and your Majestie's most judicious consideratioun in makeing choise of so excellent meanes both noble and fitt for the goode of the same wherein seeing your Majestic micht have proceedit without advyce and unacquenting us with your Majestie's royall resolutioun therein We ar so muche the more boundin to rander unto your Majestic our most humble thankes for your gracious respect unto us not onlie in this but in all other thinges importeing this estate auther in credite or profite And we humblie wisse that this honour of Barronet sould be conferrit upoun none but upoun knichts and gentlemen of cheife respect for their birth place or fortounes and we have taken a course by Proclamatioun to mak this your Majestie's gracious intentione to be publicklie knowne that none hereafter pretend- ing ignorance take occasioun inwardlie to compleyne as being neglected bot may accuse themselffis for neglecting of so fair ane opportunitie And whereas we ar given to un- derstand that the Countrey of New Scotland being dividit in twa provinces and cache province in severall dioceseis or Bishoprikis and cache diocese in thrie Counteyis and cache Countey into ten Baronyis everie Baronie being thrie myle long upoun the coast and ten myle up into the Countrie dividit into sex parocheis and cache paroche contening sax thousand aikars of land and that everie Barronet is to be ane Barone of some one or other of the saidis Barroneis and is to haife therein ten thousand aikeris of propertie be- sydis his sax thowsand aikeris belonging to his burgh of baronie To be holdin free blanshe and in a free barronie of your Majestic as the barronies of this Kingdome ffor the onlic setting furth of sex men towardis your Majestie's royall Colonic armed appar- elld and victuald for tuo yeares And everie Baronet paycing Sir Williame Alexander knicht ane thowsand merkis of Scottis money only towards his past charges and en- devoiris Tliairfore oure humble desire unto your Majestic is that care be taken by suirtie actit in the bookis of secreit counsall as was in the Plantatioun of Ulster that the said noniber of men may be dewlie transported thither with all provisions necessar and that no Barronet be maid but onlie for that cause and by some suche one particular course onlie as your Majestic sail appointe And that articles of plantatioun may be sett furth for encourageing and induceing all others who hes habilitie and resolutioun to transporte themselfSs hence for so noble a purpose Last we so consave that if some of the Englishe who ar best acquainted with suche forrein interpreises wald joyne with the saids Barronetts heir (as it is lildic the syker conditioun and proportioun of ground wald induce thame to doe) That it wald be ane 36 APPENDIX. grite encouragement to the furtherance of that royall worke quhilk is worth of your Majestie's care And we doubte not sindrie will contribute ther helpe heirunto So ex- specting your Majestie's forder directioun and humbUe submitting our opinione to your Majestie's incomparable judgement we humblie tak our leave prayeing the Almichtie God to blisse your Majestic with a long and happie reigne from Edinbrugh the 23 of Novem- ber 1624 Sic Subscribitur Geo : Hay Mar St. Androis Mortoun Linlithg"' Melros Lauderdaill L. Airskine Carnegie B. Dumblane A. Neper S. Oliphant. Anent Baronettis. Right trustie and right welbeloved Cosens and Counsellouris and right trustie and wel- beloved Counsellouris Whereas it bathe pleaseit the Kingis Majestic in favour of the Plantatioun of Noua Scotia to honnour the undertakeris being of the ancientest gentrie of Scotland with the honnour of barronetts and thairin haif traisted and recommendit Sir Williame Alexander of Menstrie to his CounseU to assist him by all laughfull meanis and to countenance the bussienes by thair authoritie In like maner We do recommend the said Sir Wilhame and the bussienes to your best assistance heirby declairing that we favour bothe the bussienes and the persone that foUoweth it in suche sort That your willingnes to further it in all you can salbe unto ws verie acceptable service So we bid you hartelie farewell from the Court at Theobalds the 17 of Marche 1625. Anent Baronettis. Right trustie and welbeloved CounseUour Right trustie and welbeloved Cosens and Counsellouris W'e greete you weele We persave by your letteris directit unto ws what care you haif had of that bussienes whiche we recommendit unto you concerning the cre- atting of Knight Baronettis within that our Kingdome for the plantatioun of Neu Scotland and ar not onlie weele satisfied with the course that you haif taikin thairin bot hkewayes it doeth exceedinglie content ws that we haif so happiely fund a meanis for expressing of our affectioun towardis that our ancient kingdome as we find by the consent of you all so muche tending to the honnour and proffite thairof And as we haif begun so we will continue requireing you in like maner to perseuere for the furthering of this royall work that it may be brought to a full perfectioim And as you haif done weele to warne the ancient gentrie by proclamatioun assigneing thame a day for comeing in And that you APPENDIX. are carefull to secure that whiche thay sould performe Our pleasure is to the end that this bussienes may be caried with the lesse noice and trouble that everie one of thame that doeth intend to be baronet give in his name to our trustie and wclbeloued Sir Wil- liame Alexander knight our Lieutennant for that enterprise or in cais of his absence to our trustie and welbeloved Counsellour Sir John Scott knight that one of thame after the tyme appoyntit by the proclamatioun is expyred may present the names of the whole number that ar to be created unto thame whome we sail appoynt Commissionaris for marsalling of thame in due ordour And because it is to be the fundatioun of so grite a work bothe for the goode of the kingdome in generall and for the particular enterest of everie baronet who after this first protectionarie Colony is satled for secureing of the cuntrey may the rather thairafter adventure for the planting of thair awne proportioun whiche by this meanis may be maid the more hopefull That the sinceritie of our inten- tioun may be sein our further pleasure is that if ony of the Baronettis sail chuse rather to pay tua thousand merkis than to furnishe furth sex men as is intendit that than the whole baronettis mak choise of some certane personis of thair nomber to concurr with our said Lieutennant taking a strict course that all the said money be onlie applied for setting furth of the nomber intended or at the least of so mony as it can convenientlie furnishe And as we will esteeme the better of suche as ar willing to imbrace this course so if ony do neglect the samine and sue for ane other degree of honnour heirafter We will thinke that they deserve it the lesse since this degree of baronet is the next steppe unto a further And so desireing you all to further this purpose als far as convenientlie you can We bid you farewell from our Court at Theobaldes the 23 of Marche 1625. 37 From Ms Majestie anent Baronettis. CHARLES R. Right trustie and right welbeloved Counsellor right trustie and right welbeloved Cosens and Counsellouris and trustie and welbeloved CounseUouris We greete you weele Un- derstanding that our late deare father after due deliberatioun for furthering the planta- tioun of Neu Scotland and for sindrie other goode consideratiomies did determine the creatting of Knight Baronetts thair And that a proclamatioun wes maid at the mercatt croce of Edinburgh to gif notice of this his royall intentioun that those of the best sort knowing the same might haif tyme to begin first and be preferred unto otheris or than want the said honnour in thair awne default And understanding likewayes that the tyme appoyntit by the Counsell for that purpois is expyred We being willing to accomplishe 38 APPENDIX. that whiche wes begun by our said deare father half preferred some to be Knight Baron- etis and haif grantit unto thame Signatouris of the said honnour Togither with thrie mylis in breadth and sex in lenth of landis within Neu Scotland for thair severall proportionis And now that the saidis plantationis intendit thair tending so muche to the honnour and benefite of that our Kingdome may be advanced with diligence and that preparationis be maid in due tyme for setting furth a Colonic at the next Spring To the end that those who ar to be Baronettis and to help thairunto may not be hinderit by comeing unto us for procureing thair grantis of the saidis landis and dignitie bot may haif thame there with lesse trouble to thameselSis and unto us We haif sent a Commissioun unto yow for ac- cepting surrenderis of landis and for conferring the dignitie of Baronet upon suche as salbe fund of qualitie fitt for the samine till the nomber appoynted within the said Com- missioun be perfited And thairfore our pleasure is that you exped the said Commissioun through the scalis with all diligence And that you and all otheris of our privie Counsell there give all the lawfidl assistance that you can convenientlie aflFoord for accomphsheing the said worke whereby Colonies sould be sett furthe And certifie from us that as we will respect thame the more who imbrace the said dignitie and further the said Planta- tioun So if ony Knight who is not Baronet presoome to talc place of one who is Baronet or if ony who is not Knight stryve to tak place of one who hes the honnour from vs to be a Knight inverting the order usuall in all ci\'ile pairtis We will that you censure the pairty transgressing in that kynd as a manifest contempnar of our authoritie geving oc- casioun to disturbe the publict peace So recommending this earnestlie to your care We bid you farewell Windsore the 19 of Julij 1625. To his Majestie anent the Herauldis. MOST SACRED SOUERANE Some questioun being moued at the CounseU table betuix Sir WiUiam Alexander his Agentis on the ane part and the Lyoun Herauld and his Brether herauldis and the Maisseris of Counsall and Sessioun on the other part anent the fees acclamed be the Maisser and herauldis from the Knightis Baronettis and thair eldest Sonis Knighted be your Majestie's warrand for thair creatioun and admissioun to thair degrees of honour and dignitie whilkis fees ar acclamed be the herauldis and Maisser as due to thame be the privilege of thair service and officeis and unquestioned possessioun be vertew thairof in all bipast memorie And the other pleadis Immunitie and pri\dlege thairfra be ressoun of some generall wordis insert in thair patentis and a claus in one of your Majestie's APPENDIX. 39 letteris that tlie same sould be exped unto thame without drawing of thame to neidles chargeis and expensis And wlieras this mater wes contentioushe disputed and that it wes considderit that tlie honnour of your Majestie's estate royall dois not onhe require ne- cesserlie tlie seruiceis of herauldis and maisseris at Coronatiouns Parliaments and actions of gritest hot alsua that thay haif beene and still must be imployed to mak solemne proclamationis and use chargeis of tressoun aganis rebellious subjectis and charge lioussis keept be thame to be randerit which is mony tj-mes performit with extreame perril of thair lyvis besydis that be thair place thay sould be the pubhet caryaris of important messageis to strangearis bothe in tyme of peace and war and that be the want of the happynis of your royall presence in this kingdome thay ar disappointit of mony bcnefeitis whilk in former tjTues thay enjoyed thair advantageis ar now so unfre- quent that hardlie can thay mantane thameselffis without some extraordinar help and allowance The consideratioun wherof hes moued us to forbeare to gif ony present determinatioun in the mater to thair prejudice or impairing of thair wounted benefeit allowed to thame in all tyme bygane at the conferring the honnour of Nobihtie or Knighthoode upoun ony of the subjectis and to remit the whole mater to your heigh and royaU wisdome upoun knoulege whereof we sail humehe obey quhat salbe commandit and euer beseik God to bUsse your Majestic with a lang and happie reigne Halirudhous xiij Julij 1626 Chanr Mar Murray LinHthgw Wintoun Melros Lauderdaill A. B. Dumblane. CHARLES R. Right trusty and welbeloued Councellour right trusty and welbeloued Cosens and Counsellours and trustie and welbeloued Counsellours Wee greete you well Having considered your letter concerning the fees that are claimed from the Knight Barronets though at the first it did appeare unto us that none could justhe challenge fees of them by vertue of ane grant that was given before that order was erected yet before wee wold resolve what to do herein We caused inquire of the cheef Herauldes and other Officers within this our Kingdome where the said dignitie of Barronet was first instituted by our late deare Father and do find that the Barronets are bound to pay no fees nor did never pay anie thing at all saue that which they did pay voluntarHe to the Heraulds of whom they had present use And therfor since their creation within that our Kingdome is for so good a cause whereby a Colonic is making readie to sett forth this next Spring to beginne a work that may tend so much to the honour and benefite of that Kingdome We wold have them everie way to be incouraged and not (as wee wrote before) put to s s 40 APPENDIX. needlesse charges And our pleasure is that none as Barronet be bound to pay fees but what they shalbe pleased to do out of their own discretion to the Herauldes or to any such Officer of whom they shall have use And as for their eldest sonnes whensoever anie of them is come to perfyte age and desires to be knighted let him pay the fees allowed heretofore to be payed by other Knights for doing whereof these presents shalbe your warrant And so Wee bid you farewell from our Court at Oatelandis the 28 Julij 1626. III.— THE WARRANT Conferring the Privilege of creating Baronets, CHARLES R. Right trustie and right welbeloued cousin and counsellour, right trustie and welbeloued cousins and counsellouris, and right trustie and welbeloued counsellouris, wee greete you well. Whereas upon good consideration, and for the better advancement of the planta- tioun of New Scotland, which may much import the good of our service, and the honour and benefite of that our auncient kingdome, our royall father did intend, and wee have since erected, the order and title of Barronet in our said auncient kingdome, which wee have since established, and conferred the same upon diverse gentlemen of good qualitie : and seeing our trustie and welbeloued counsellour. Sir William Alexander, Knight, our principal! secretarie of that our auncient kingdome of Scotland, and our Lieutenant of New Scotland, who these many years bypast hath been at greate charges for the dis- coverie thereof, hath now in end settled a colonic there, where his sone. Sir William is now resident ; and wee being most willing to afford all possible meanes of encourage- ment that convenientlie wee can to the Barronets of that our auncient kingdome for the furtherance of so good a worke, and to the effect they may be honoured and have place in all respects according to their patent from ws, wee have been pleased to authorize and allow, as by the presents, for ws and our successouris wee authorize and allow the said Lieutenant and Barronets, and euerie one of them, and their heires-male, to weare and carie about their neckis in all time cuming, ane orange tannic silke ribban, whereon shall being pendant in a scutcheon argent a saltoire azur thereon, ane inscutcheon of the armes of Scotland, with ane imperiall crown e above the scutcheon, and encercled with this motto, "Fax mentis honestse gloria," which cognoissance our said present Lieutenant shall delyver now to them from ws, that they may be the better knowen and distinguished from other persounis. And that none pretend ignorance of the respet due unto them, our APPENDIX. 41 pleasure therefore is, that by open Proclamatioun at the marcat croces of Edinburgh, and all other head brughs of our kingdome, and such other places as you shall thinke neces- sar, you cause intimate our royall jileasure and intentioun herein to aU our subjects, and if any persoun out of neglect or contempt shall presume to tak place or precedence of the said Barronets, their wyffes or children, which is due unto them by their patents, or to weare their cognoissance, we wiU that, upon notice thereof given to you, you cause punishe such offenderis, by fyning or imprisoning them, as you shall thinke fitting, that otheris may be terrified from attempting the like : and wee ordaine, that from time to time, as occasioun of granting and renewing their patents, or their heires succeiding to the said dignitii', shall offer, that the said power to them to carie the said ribban and cog- noissance shalbe therein particularlie granted and insert, and wee likewise ordaine these presents to be insert and registrat in the books of our counsell and Exchequer, and that you cause registrat the same in the books of the Lyon King at Armes and Heraulds, there to remain ad futuram rei memoriam, and that aU parties having interesse may have authentik copies and extracts thereof, and for your so doing, these our letters shalbe unto you and euerie one of you from time to time, your sufficient warrant and discharge in that behalffe. Given at our Court of TVhythall, the 17 of November, 1629. To our right trustie and right welbeloued cousin and counsellour, to our right wel- beloued cousins and counsellouris, to our right trustie and welbeloued counsel- louris, and trustie and welbeloued counsellouris, the Viscount or Dupleine, our ChanceUour of Scotland, the Earle of Monteith, the President, and to the remanent Earls, Lords, and otheris of our Pri\^e Counsell of our said kingdome. IV.— COUNCIL. Letter of King Charles I. to the Lords of Council and Exchequer. Right, &c. — There being at this time some controversie between us and the French concerning the title of lands in America, and particularly New Scotland, it being alledged that Port Royal, where the Scottish colonic is planted, should be restored as taken, since the making of the peace, by reason of the articles made concerning the same, as we are bound in dutie and justice to discharge what we owe to everie neighbour prince, so vpe must have a care that none of our subjects do suflFer in that which they have undertaken, upon just grounds, to do us service, neither will we determine in a matter of so great moment till we understand the true estate thereof. Therefore, our pleasure is, that you take this business into your consideration. And because we desire to be certified how 42 APPENDIX. far we and our subjects are interested therein, and what arguments are fit to be used when any question shall occur concerning the same, or the defence thereof, that after due information, we may be furnished with reasons how we are bound to maintain the patents that our late dear father and we have given. So, expecting that having informed your- selves sufficientlie of this business, you will return us an answer with diligence, &c. WhitehaU, 3rd. July, 1630. — Earl of Stirling's Register of Letters of King Charles I., &c. MS. V. — Letter of His Majesty to the Convention of Estates. CHARLES R. Right trustie and right well beloved cousin and counsellor, right trustie and well beloved cousins and counsellors, right trustie and well beloved counsellors, right trustie and trustie and well beloved, we greet jou. well. Having given forth ane decree upon these things, whilk were submitted unto us in such sort as, after due information (having heard all parties) we conceived to be best for the public good, and having given order for making interruption, that we might no way be prejudged by the Act of Pres- cription, which we can never think was at first intended for anie prejudice of the Crown, we made choice rather to obviate any inconvenient that may come thereby by pubUc acts in council, than to trouble a number of our lieges by particular citations. Therefore we have thought fit to recommend the same unto you, that they may be informed by you our estates convened by us at this time, and likeways where our late dear father and we have erected the dignitie of Baronets for advancing the plantation of New Scotland, granting lands therewith for that effect. We recommend likeways the same, in so far as shall be lawfullie demanded, to be informed by you. And so, not doubting but that you will be careful both of these and all other things that may import the honour of that kingdom or the good of our service, we bid you farewell. From our Court at Nonsuch, the 14th of July, 1630.— Reg. Sec. Cone. 1630, fol. 16. VL — Acts of the Convention of Estates. Apud Holyrood House, ultimo die mensis Julii, 1630. The estates presentlie convened all in one voice ratifies, allows, approves and confirms the dignitie and order of Knight Baronets, erected by his Majestic and his late dear father of blessed memorie, and conferred by them upon sundrie gentlemen of good APPENDIX. 43 qualitie for their better encouragement, and retribution of their undertakings in the plantation of New Scotland, with all the acts of secret council, and Proclamations follow- ing thereupon, made for maintaining of the said dignitie, place and precedence due thereto, to continue and stand in force in all time coming, and that intimation be made hereof to all his Majestie's lieges by open Proclamation, at the Mercat Cross of Edin- bvirgh, and other places needful. The estates presentlie convened having dulie considered the benefit arising to this kingdom by the accession of New Scotland, and the successful plantation already made there by the gentlemen, undertakers of the same, in regard whereof, and that the said lands and territories of New Scotland are by the patent thereof, made in favour of Sir William Alexander of Menstrie, Knight, his Majestie's secretarie. annexed to the Crown, therefore the said estates all in one voice has concluded and agreed that his Majestic shall be petitioned to maintain his right of New Scotland, and to protect his subjects undertakers of the said plantation in the peaceable possession of the same, as being a purpose highlie concerning his Majestie's honour, and the good and credit of this his ancient kingdom. — Acts of Parliament, vol. 5, pp. 223, 4. VII.— WARRANT. Letter of his Majesty to the Viscount of Stirling. Right, &c. — Whereas there is a final agreement made betwixt us and our good brother the French King, and that amongst other particularities for perfecting thereof, we have condescended that Port Royal shall be put in the state it was before the begin- ning of the late war, that no partie may have any advantage there during the continuance of the same, and without derogation to arise, preceding right or title, by virtue of any thing done, either then, or to be done, by the doing of that which we command at this time. It is our will and pleasure, and we command you hereby, that with all possible diligence you give order to Sir George Home, Knight, or any other having charge from you there, to demolish the fort which was builded by your son there, and to remove all the people, goods, ordnance, munitions, cattle and other things belonging unto that colo- nic, leaving the bounds altogether waste and unpeopled, as it was at the time when your son landed first, to plant there by virtue of our commission. And this you fail not to do, as you will be answerable unto us. Greenwich, 10th July, 1631. — Earl of Stirling's Register. 44 APPENDIX. VIII.— COUNCIL. Letter of his Majesty to the Lords of Council and Exchequer. Right, &c. — Seeing we have seen, by a letter from you, the order of baronets, erected by our late dear father and us, for furthering the plantation of New Scotland, was approved Ijy the whole estates of our kingdom at the last convention, and that we understand, both by the reports that came from thence and by the sensible considera- tion and notice taken thereof by our neighbour countries, how well that work is begun, our right trustie and well beloved counsellor. Sir William Alexander, our Lieutenant there, having fullie performed what was expected from him for the benefit which M^as in- tended for him by the creation of these Baronets. Being very desirous that he should not suffer therein, but that both he and others may be encouraged to prosecute the good beginning that is made, as we heartilie think all such as have con- tribute their aid by contracting with him for advancing of the said work alreadie, our pleasure is that you seriously consider, either amongst you all, or by a committee of such as are best affectioned towards that work, how it may be best brought to perfection, for we are so far (whatsoever controversie be about it) from (Quitting our title to New Scot- land and Canada, that we wiU be verie careful to maintain all our good subjects who do plant themselves there, and let none of the Baronets any way be prejudged in the honour and privileges contained in their patents, by punishing of all that dare presume to wrong them therein, that others may be encouraged to take the like course, as the more accept- able unto us, and the nearer to a title of nobilitie, whereunto that of Baronet is the next degree. And if the said Sir William, as our Lieutenant of New Scotland, shall convene the Baronets to consult together concerning that plantation, we hereby authorise him, and will you to authorise him, as far as is requisite for that effect, willing that Proclama- tion be made of what we have signified, or of what you shall determine for furthering that work whereof we recommend the care to you, as a matter importing speciallie our honour, and the good of that our ancient kingdom. Greenwich, 12th July, 1631. — Earl of Stirling-'s Register. IX.— MINUTE OF COUNCIL. Apud Holyrood House, 28th July 1631. Sederunt. Chancellor V. Stirline B. lies Clerk Register St. Androis L. Gordon L. MelviU Advocat Privie Seal Areskine L. Carnegie Sir Johne Scot Wintoun B. Dunkelden L. Naper Sir Robert Ker Linlithgow B. Ros Traquair Sir Robert Douglas Perth B. Dunblane Forrester Sir James Baillie APPENDIX. 45 The Lords of Secret Council, for the better forderance and advancement of the plantation of New Scotland, gives and grants commission by thir presents to Thomas Earl of Iladintoun, Lord Privie Seal, George, Earl of Wintoun, Alexander, Earl of Lin- lithgow, Robert, Lord Melvill, John, Lord Traquair, Archibald, Lord Naper, David, Bishop of Ros, Sir Archibald Acheson, Secretar, Sir John Hamilton of Magdalens, Clerk of Register, Sir Tliomas Hope of Craighall, Knight Baronet, Advocat, Sir George Elphiii- stoun, Justice Clerk, Sir John Scot of Scotistaiwet, and Sir James Baillie, or anie five of them, without excluding of anie others of the council, who shall be present to convene and meet with William, Viscount of Stirling, and the Knights Baronets, at such times and places as the said Viscount of Stirling shall appoint, and to confer with them upon the best means for the fordering of the said plantation, and to make and set down over- tures thereanent, and to present and exhibit them to the said lords, to the intent they may allow or rectifie the same, as they shall think expedient. — Reg. Sec. cone. 1631, fol .80. X.— EXCHEQUER. Letter of his Majesty to the Lords of Council and Exchequer. Right trustie, &c. — Whereas we send herewith enclosed unto you a signature of ten thousand pounds sterling, in favour of our right trustie the Lord Viscount of Stirling, to be past and expede by you, under our great seal. Lest any mistaking should ensue thereupon, we have thought it good to declare unto you that (as it may appear by itself) it is no ways for quitting the title, right, or possession of New Scotland, or of any part thereof, but only for satisfaction of the losses that the said Viscount hath, by giving order for removing of his colonic at our express command for performing of ane article of the Treatie betwixt the French and us. And we are so far from abandoning of that business, as we do hereby require you and everie one of you to afford j'ou best help and encouragement for furthering of the same, chieflie in persuading such to be Baronets as ire in qualitie fit for that dignitie, and come before you to seek for favour from us, but remitting the manner to your own judgment, and expecting your best endeavours therein. Willing thir presents be insert in your books of Exchequer, and an act made hereupon, we bid, &c. Whitehall, 19th February, 1632. XL— Treaty of St. Germain, 29th March, 1632. Traite, &c. — Art. 3. De la part de sa Majeste de la Grande Bretagne, ledit sieur am- bassadeur, en vertu du pouvoir qu'il a lequel sera insere a la fin de ces presentes a promis et promet pour et au nom de sadite Majeste de rendre et restituer tons les lieux occupees 46 APPENDIX. en la Nouvelle France, la Cadie et Canada, par les sujets de sa Majeste de la Grande Bretagne, iceux faire retirer desdits lieux. Et pour cet effet ledit sieur ambassadeur de- livrera lors de la passation et signature des presentes aux Commissaires du Roi tres Chretien en bonne forme, le pouvoir qu' il a de sa Majeste de la Grande Bretagne, pour la restitution desdits lieux ensemble, les commandemans de sa dite Majeste a tous ceux qui commandent dans le Port Roial, Fort de Guebec, et Cap Breton, pour etre lesdites places et fort rendus et remis es mains de ceux qu'il plaira a sa Majeste tres Chretienne ordonner, &c. — Foedera (continuation by Sanderson) vol. 19. XII.— ADVOCAT. Letter of his Majesty to the Lord Advocat. Trustie, &c. — Whereas upon the late treatie betwixt us and the French King, we were pleased to condescend that the colonie which was latelie planted at Port Royal in New Scotland, should be for the present removed from thence, and have accordinglie given order to our right trustie, the Viscount of Stirling, our principal Secretarie for Scotland. Although by all our several orders and erections concerning that business, we have ever expressed that we have no intention to quit our right, title, to any of these bounds ; yet, in regard our meaning perchance will not be sufficientlie understood by those our loving subjects who hereafter shall intend the advancement of that work, for their satisfaction therein we do hereby require you to draw up a sufi&cient warrant for our hand, to pass under our Great Seal, to our said right trustie the Viscount of Stirhng to go on in the said work whensoever he shall think fitting, whereby, for the encouragement of such as shall interest themselves with him, and he may have full assurance from us, in verbo principis, that as we have never meant to relinquish our title to any part of that country which he hath by patents from us, so we shall ever hereafter be readie, by our gracious favour, to protect him, and all such as have, or shall hereafter at any time con- cur with him, for the advancement of the plantation in these bounds foresaid. And if at any time, by order from us, they shall be forced to remove from the said bounds, or any part thereof, where they shall happen to be planted, we shall fullie satisfie them for all loss they shall sustain by any such letters or orders from us. And for your so doing, &c. — Greenwich, 14 Junii, 1632. — Earl of Stirling's Register. XIII.— BARONETS. Letter of his Majesty to the Baronets. Trustie, &c. — Whereas our late dear father, out of his pious zeal for advancement of religion in the remote parts of his dominions, where it had not been formerlie known. APPENDIX. 47 and out of his royal care for the honour and weal of that our ancient kingdom, was pleased to annex to the Crown thereof the dominion of New Scotland, in America, that the use might arise to the benfit of that kingdom : We being desirous that the wished effects might follow by the continuance of so noble a design, were jjleased to confer particular marks of our favour upon such as should voluntarilie contribute to the furtherance of a plantation to be established in these bounds, as appeared by our erecting of that order of Baronets, who with you are dignified : whereunto we have ever since been willing to add what further we conceived to be necessarie for tlie testifj'ing our respect to those that are alreadie interested, and for encouraging of them who shall hereafter interest themselves in the advancement of a work which we so reallie consider for the glorie of God, the ho- nour of that nation, and the benefit that is likelie to flow from the right prosecution of it. But in regard that, notwithstanding the care and diligence of our right tinistie the Viscount of Stirling, whom we have from the beginning entrusted with the prosecution of this work, and of the great charges alreadie bestowed upon it, hath not taken the root which was expected ; partlie, as we conceive by reason of the incommodities ordinarihe incident to all new and remote beginnings, and partlie, as we are informed, Ijy want of the timelie concurrence of a sufficient number to assist in it ; Ijut especiaUie the colonic being forced of late to remove for a time, by means of a treatie we have had with the French. Therefore have taken into our royal consideration by what means again may this work be established ; and conceiving that there are none of our subjects whom it concerns so much in credit to be affectioned to the progress of it, as those of your num- ber for justifying the grounds of our princelie favour which you have received, by a most honourable and generous way, we have thought fit to direct the bearer hereof. Sir Wil- liam Alexander, Knight, unto you, who hath been an actor in the former proceedings, and hath seen the country and known the commodities thereof, who will communicate unto you such propositions as may best serve for making the right use hereafter of a plantation and trade in these bounds, for encouraging such as shall adventure therein. And we doubt not, but if you find the grounds reasonable and fair, you will give your concurrence for the further prosecution of them. And as we have alreadie given order to our Advocat for drawing such warrants to pass under our Seals there, whereby our loving subjects may be freed from all misconstruction of our proceedings with the French anent New Scotland, and secured of our protection in time coming in their undertakings into it, so we shall be readie to contribute what we shall hereafter find we may justlie do for the advancement of the work, and the encouragement of all that shall join with them to that purpose. Which recommending unto your care, we bid you farewell. — Beaulie, 15th August, 1632. — Earl Stirling's Register, T t 48 APPENDIX. XIV.— COMMISSIONERS FOR THE PLANTATION OF NEW SCOTLAND. Letter of his Majesty to the Lords of Council and Exchequer. Trustie, &c. — Whereas our late dear father, for the honour of that his Ancient Kingdom did grant the first patent of New Scotland to the Viscount of Stirling, and was willing to confer the title of Knight-baronet on such of his well-deserving subjects as should contribute to the advancement of the work of the plantation in the said coun- try, we were pleased to give order for the effectuating of tlie same, according to our Commission direct to you for that purpose. And understanding perfectlie (as we doubt not is well known unto you all) that the said Viscount did begin and prosecute a plan- tation in those parts with a far greater charge than could be supplied by the means fore- said. And the rather in regard of the late discouragement of some by our commanding him to remove his colonic from Port Royal, for fulfilling of ane article of the treatie be- twixt our brother the French King and us, to make everie thing betwixt us be in the estate wherein it was before the war ; hearing that there was a rumour given out by some that we had totallie lost our purpose to plant in that country, as having sur- rendered our right thereof; lest any further mistaking should arise thereupon, we thought good hereby to clear our intention thereon, which is, that our said Viscount, with all such as shall adventure with him, shall prosecute the said work and be encouraged by all lawful helps thereunto, as well by completing of the intended number of Knight- baronets as otherways. And being informed that some of our subjects of good qualitie in this our Kingdom and Ireland, who have taken land in New Scotland holden from us, did accept of the said dignitie, and were obliged to contribute as much towards the said plantation as any other in that kind, were put to far greater charges at the passing of their rights than the natives of that Kingdom were in the like cases. It is our plea- sure, that whensoever any of our subjects of qualitie fit for that dignitie within this our Kingdom or Ireland, having taken lands holden of us in New Scotland, and having agreed with our said Viscount for their part of a supply towards the said plantation and that it is so signified by him unto you, that until the number of Baronets formerly con- sidered upon be complete, you accept of them, and give order that their patents be passed in as easy a rate as if they were natural subjects of that our Kingdom. And that you make known to such persons, and in such manner as you in your judgment shall think fit. In doing whereof, &c. — Whitehall, 24th April, 1633. — Earl of Stirling's Register. APPENDIX. 49 XV.— NOVA SCOTIA. 1st. Charles the First in Scotland. Ratification in favour of the Viscount of Stirling, of the Infeoftments and Signature, granted to him, of Dominions of New Scotland and Canada, in America, and Privileges therein contained, and of the Dignity and Order of Knight Baronets ; and Act of Convention of Estates made thereanent. Our Sovereign Lord and Estates of this present Pai'liament, ratifie and approve all Letters, Patents and Infeftments granted by King James the Sixth, of blessed memory, or by our said Sovereign Lord, to William, Viscount of SterUng, and to his heires and assigneis of the Territories and Dominions of New Scotland and Canada in America, and especially the Patent Charter and Infeftment granted by His Majestie's umwhile dearest Father of worthie memory, of New Scotland, of the tenth day of September, the year of God 1621. Item, another Charter of the same, granted by His Majestic, under the Great Scale, of the date of the twelfth day of July, 1625 yeares. Item, another Charter and Infeftment, granted by His Majestie of the Country and Dominion of New Scotland, under the Great Scale, of the date the third day of May, 1627 yeares. Item, another Charter and Infeftment, granted by His Majesty, under the Great Scale, of the River and Gulph of Canada, bounds and privileges thereof, mentioned in the said Patent, of the date the second day of February, 1628 yeares. Item, a Signature passed under His Majesty's hand, of the said Country and Dominion, which is to be with all dihgence exped through the Scale, of the date, at Whitehall, the twentie fourth day of April 1633 yeares ; with all liberties, privileges, honours, jurisdictions, and dignities, respective therein mentioned. Together also, with all execution, precepts, instruments of seasings and seasings following, or that shall happen to follow thereupon. And also ratifies and approves the Act of General Convention of Estates at Holy-rude House, the sixth day of July in the Year of God, 1630, whereby the said Estates have ratified and proved the dignities and Order of Knight Barronet, with all the Acts of Secret Council, and proclamations following thereupon, made for the maintaining of the said dignittie, place, and precedencie thereof. And His Majestie and Estates aforesaid will, statute, and ordaine, that the said Letters, Patents, and Infeftment, and the said dignittie, title, and order of Barronets, and all Letters, Patents, and Infeftment of Lands and dignities granted therewith to any person whatsoever, shall stand and continue in force, with all liberties, privileges, and precedencies thereof, according to the tenor of the same, and in als ample manner as if the bodies of the said Letters Patent, Infeftments, and Signature above-mentioned, were 50 APPENDIX. herein particularly ingrost and exprest, and ordaine intimation to be made thereof by- open Proclamation to all His Majestie's Leges, at the Market Crosse of Edinburgh, and other places needful, that none pretend ignorance thereof. P. Acte No. 28, made in tJie Parliament held by King Charles the First, (in person) at Edinburgh, the twentie eight day of June, Anno Domini One Thousand Sice Hundred and thirtie three. XVI.— ACT OF COUNCIL. Apud Edinburgh, 15th February, 1634. Sederunt. Chancellor, Thesaurer, Privie Seal, Marishall, Roxburgh, Annandaill, Lauder- daill, Sonthesk, L. Ares/cine, Clerk Register, Advocat. Forasmeikle as his Majestie's late dear father of blessed memorie, for the honour of this his ancient kingdom of Scotland, did grant the first patent of New Scotland to his Majestie's right traist cousin and Counsellor WilUam Erie of Sterline, and was willing to confer the title of Knight Baronet upon such of his well deserving subjects as should contribute to the advancement of the work of the plantation in the said countrie, his Majestic was pleased to give order for effectuating of the same, according to his Com- mission directed to the Lords of Privie Council for that purpose. And his Majestic, understanding perfectly that the said Erie did begin and prosecute a plantation in these parts, mth a far greater chai'ge than could be supplied by the means foresaid, and the rather in regard of the late discouragement of some, by his Majesties commanding the said Erie to remove his Colonic from Port Royal, for fulfilling of ane Article of the treatie betwixt his Majestic and his brother the French king, to make everie thing be- twixt them to l)e in the estate wherein it was before the war, hearing that there was a rumour given out by some, that his Majestic had totallie lost his purpose to plant in that countrie, as having surrendered his right thereof. And therefore, lest anie further mis- taking should arise thereupon, his Majesty has thought good hereby to clear his intention therein, which is, that the said Erie, with all such as shall adventure with him, shall pro- secute the said work and be encouraged by all lawful helps thereunto, as well by com- pleting the intended number of Baronets as otherways. And whereas some of the sub- jects of the kingdom of England and Ireland of good qualitie, who, having taken land in New Scotland holden of his Majestic, did accept of the said dignitie there, and were obliged to contribute as much toward the said plantation as anie others, in that kind APPENDIX. 51 were put to greater charges at the passing of their rights than the natives of this King- dom were at in the like cases, therefore his Majestic has thought meet hereby to declare his royal will and pleasure, that whensoever anie of his Majestie's subjects of qualitie fit for that dignitie, within the kingdom of England or Ireland, having taken land holden of his Majesty in New Scotland, and having agreed with the said Erie for part of a supplie towards the said plantation, and that it is signified so by him to the said Lords of Privie Council, that till the number of Baronets formerlie condescended upon he complete, the the said Lords shall accept of them, and give order that tlieir patents be passed at as easie a rate as if they were natural born subjects of this kingdom. And the said Lords ordainis letters to be direct, charging oflicers of arms to pass and make publication hereof, by open proclamation at the Market Crosses of the head boroughs of this king- dom, and other places needful, wherethrough none pretend ignorance of the same. XVII. — Minute of Council. The whilk day George Erie of Kinnoull, Lord Hay, &c., Chancellor, William Erie of Morton, Lord High Thesaurer, and Thomas Erie of Hadintoun, Lord Privie Seal of this kingdom, William Erie Mareshall, Robert Erie of Roxburgh, John Erie of Annan- daill. Sir John Hay, Clerk of his Majesty^s Registers, ajid Sir Thomas Hope of Craighall, his Majesty^s Advocat, accepted upon them the Commission granted unto them under his Majestj-'s Great Seal, dated at Theobald's, 14 Septembris, 1633, for passing of infeft- ments of New Scotland. — Reg. Sec. Cone. 1634, fol. 261. XVIII. — Copy of the Patent by which William, First Earl of Stirling, created Sir John Browne, of the Neale, in the County of Mayo, a Baronet of Nova Scotia, on the 1 'Jtk of June, 1636. We, William, Earl and Viscount of Stirling, &c.. Proprietor of the Country of New Scotland and Canada, and His Majesty's Lieutenant within the same : Forasmuch as by the FeoiFment granted to me, by our late Sovereign King James, dated at Windsor, the 10th of September, 1621, and by virtue of my original Infeftment, granted to me of the said Country and Dominion, by our now Sovereign Lord King Charles the First, dated at Oatlands, 12th July, 1625, I have full power to dispose of any part thereof to such as do undertake to plant there ; and understanding the willingness of John Browne, Esq., eldest Son to Josias Browne, of the Neale, in Ireland, for the advancement of the said Plantation, we have granted unto the said John Browne, and to the heirs male lawfully descended of his body, that part of the said Country of New Scotland, bounded as fol- 52 APPENDIX. lows, viz. : — Beginning twelve miles from the northernmost part of the Island Anticosti, within the Gulph of Canada, extending westward along the north side of the Island, six miles ; and from thence northward, keeping always three miles in breadth ; to have the Salmon and other Fishings, as well in salt as in fresh water ; and I do hereljy incorpo- rate the said proportion of land into a Free Barony and Regality, to be called in all times the Barony and Regality of Neale, to hold the same by the yearly paj^ment of one penny, usual money of Scotland. And whereas I have full power and authority granted to me by His Majesty, to confer Titles of Honour within the said Country of New Scotland, upon aU persons concurring to the advantage of the said plantation thereof ; I do confer upon the said John Browne, and his heirs male lawfully descended or to be descended of his body, the hereditary dignity and style of Baronet of New Scotland, with all and sundry prerogatives, privileges, precedencies, conditions, and others whatsoever, that any Baronet of Scotland, or New Scotland, hath had at any time granted to them. And we give and grant unto the said Sir John Browne, licence to wear and carry an orange tawny Ribbon, the badge of a Baronet of New Scotland, bearing the arms of New Scotland in gold, enamelled, with the Crown Royal above, and this circumscription — Fax mentis honestcE gloria. Sealed with the Great Seal of New Scotland, 21st June, 1636. XIX.— Treaty of Utrecht, Wth April, 1713. Treaty, &c. — Art 12. Dominus Rex Christianissimus eodem quo Pacis prcBsentis ratihabitiones commutabunter die Dominae Reginse Magnae Britannise, literas tabulasve, solemnes et authenticas, tradendas curabit quarum vigore insulam Sancti Christophori, per subditos Britannicos sigillatim de bine possidendam. Novam Scotiam quoque sive Acadiam totam, limitibus suis antiquis comprehensam, ut et Portus Regii urbem nunc Annapolini Regiam dictam, caeteraque omnia in istis regionibus quae ab iisdem terris et insulis pendent. — Reginse Magnse Britanniee ejusdemque Coronse in perpetuum, &c. XX. — Extracts from an Assignation and Disposition from IVilliam, Earl of Stirling, to Mr. Alexander Kynneir, and Mr. James Gordown, dated 29th of January, 1640, atid registered 15 th of February following. " In presens of the Lordis of Counsall comperit, Mr. William Forbes, procurator, for William, Earl of Stirling, and gaue in the Assignatioun underwritten ; desyring the same to be insert and registrat in the Bookis of Counsall and Session, with executoricallis to pas theiron in maner specifeit thereintill the quhilk desyre, &c. quhairofF the tennor foUowis. APPENDIX. 53 Be it kend till all men be thir present letteris, We, William, Erie of Stirling, Viscount of Canada, Lord Alexander of Tullibody and Menstrie, Secretar to his Matie, for the kingdome of Scotland, ffor saniekle as we have patentis graiitit to us be his Matie, of Nova Scotia in America, and for disponing and resigning of certain proportions of land yairof, and procuring to sundrie persons the infcftmentis of the samin fra his Matie. with the honor and dignitie of Knychtis baronettis, have been in use to get fra every ane of the receavors yairof the soume of money of this realme, or yairhy and siclyk, for samekle as we have obtenit fra his Matie. be his heines Letteris of Gift to ws, our airis and assignayis, the gift of the mariage of Francis, now Erie of Buchcleuch," &c. &c. Reciting various proportions made over by the Earl — 'That the foirnamet persons our Cautionaris for the debtis contenit in the said inventar be thankfullie releivet of yair cautionries and the debtis yairin specifeit payet to our Creditouris yarin nominat. Thairfor witt ye ws to have made, constitut, and ordanit lyk as we be the tennor heirof, mak, constitut, and ordain the said Mr. Alexander Kynneir, and Mr. James Gordoun, equallie betwixt yame, and proportionallie amongst yame, thair aires and assignayes, our very lawfull, undoutitt, and irrevocable procuratouris, cessionaris, and assignayes dona- touris, and procuratouris in rem suam cum dispositione libera. In and to the haill com- positionis and sowms of money to be procured and receaved for the proportions of land in Nova Scotia, and dignitie of Knyt. baronet fra quhatsomever persone or persons, ather in Scotland or Ingland, and for admitting and receaving of quhatsomever persone or persons to quhatsomever Shireif Clerkschip, Stewart Clerkschip, or Baillie Clerkschip, within the said Kingdome of Scotland, and sic lyk, &c. And be thir presentis surrogattis, the foirnament persons and yair foirsaidis, in our full rycht, title, and place of the samin for ever, with power to thame to ask, crave, receave, intromet with, and uptak the haill com- positions and sowmes of money to be receaved for procuring of the said dignitie of Knyt. baronet, fra quhatsoever persone or persons, &c. It is also heirby provydit, that the assignatioun foirsaid to the compositions and sowmes of money foirsaid to be receaved for the proportions of land in Nova Scotia, and dignitie of Knyt. baronet, sal be no let nor impediment to us to dispone and resign the said patent, ather to his Matie, or any other, the benefeit and sowmes of money to be gotten yairfor, being alwayes applyed to the payment of the debtis for the relieff of those quha ar ingadged as cautionaris for usj &c."— Gen. Reg. Deeds, Lib. 524. THE END. PRINTED BV V,'. HARRISON. fc^ J*" i^^F tf •IBB'. i« • £. « University of California SOUTHERN REGIONAL LIBRARY FACILITY . Return this material to the library m fitir^'Pi?pp^g-^wed REC'O LD-URQ 1 '"-"UVV, AUG 2 1988 •^J r i'itS- Tv ^' V 4ifWA V'^/^ \/4 llllllllllllllll{||lllll!IIIIIIHIini!ll»lllllllllllllll!li D 000 015 235 5 &*ii w,^^ f ''f/ s/. ./ Wa V>.ll .^^ r'^. k»V ^mm^M n