Lords' Jour.

vol. 15. P. 634-643671.

66

"more daughters, who all die, one of them only leaving iffue, fuch iffue has a right to demand a "fummons to parliament?"-It was refolved in the affirmative.

The principal objection touching the extinguishment of the barony of Broke, by reafon of its defcending to co-heirs, being removed; Sir Richard Verney claimed the barony of Willoughby de Broke, as the fole heir of Sir Robert Willoughby de Broke.

Sir Thomas Powis, as his counfel, read a lift of those peers, who had baronies by writ in them, included. under higher titles, and alfo a lift of thofe lords, who then fat in the houfe by virtue only of original writs of fummons, and by defcent from baronies in fee; and a list of several noble ladies, who had then fuch baronies in them, fome of whom had been declared baroneffes in parliament: and infinuated to the Lords, that, while he was arguing one peer into the house, the king's counsel were arguing feveral noble dukes and earls out of their baronies, and feveral fitting barons out of the house. For, if a fummons by writ was not an estate in fee, and descendible, then might the king choofe, whether he would fummon those barons any more to parliament, after the conclufion of the prefent parliament; and fo by that means would fubject the peerage to great uncertainties, and deftroy all their refolutions and judgments, touching the defcent of fuch baronies.

The king's counfel urged feveral inftances of ancient times against the defcent of fuch baronies, and argued

againft

against the operation of the writ; and that in this cafe it did not appear, but that the first foundation of the honour might have been by patent, or for life, or in tail male; and vouched Bromflete's cafe, and Lord Vefey's writ of fummons. He farther infifted, that the descent of the barony to co-heirs did merge or extinguish it, or make it revert to the crown; and that it was in abeyance, by which means it was left to the clutches of the law, fo as not to be taken out from thence, by any person whatsoever, otherwife than by

a new creation.

The petitioner's counfel replied, that the honour could not be by patent, nor by writ, with a limitation to the heirs male: for that there was iffue male from each of the two Sir Robert Willoughbys, who yet were not barons; infifting upon the right of the peerage in general, and that, upon the true construction, the title was Willoughby of Broke.

After long debate, it was refolved that Sir Richard Verney had a right to a writ of fummons to parliament, by the title of Lord Willoughby of Broke.

A writ of fummons was accordingly iffued to him; Lords Journ. and he was feated in the House of Peers by defcent, vol. 15. 668. without ceremony, in the ancient place of his ancestor

Sir Robert Willoughby, next above Lord Eure.

§ 170. The fame point was again determined in the following cafe.

Coll. 372. Lords' Jour. vol. 21. 266. 339.

Attainder of one of two

In 1720, Catherine Bokenham claimed the barony of Berners, which had fallen into abeyance; as fole heir of Sir John Bourchier Lord Berners; the abeyance being then terminated. This petition was referred by his Majefty to the Houfe of Lords; and Lord Clarendon reported from the committee of privileges, that search had been made fo far back as the reign of Edw. 3., whether any patent had been granted for creating Sir John Bourchier a baron; but none could be found.

That there was produced a writ of fummons to parliament, 33 Hen. 6., directed Johanni Bourchier de Berners, along with feveral other writs directed to him; and alfo feveral writs directed to his grandfon and heir. That the committee had infpected the Journals of the Houfe in the reign of Henry 8., and found the name of Lord Berners entered therein as present several days.

That it appeared to the committee, that the petitioner was (by the death of her brothers and fifters without iffue) become fole heir of Sir John Bourchier, Knt., firft Lord Berners; and was lineally defcended from him.

The house refoved, that the faid Catherine Bokenham had a right to the faid barony of Berners.

S 171. It has been held by the Houfe of Lords in a recent cafe,, that, where a barony was in abeyance not determine between two perfons, the attainder of one of them the abeyance.

Co-heirs does

for

for high treafon did not terminate the abeyance, and give to the other a right to the barony.

Dom. Proc.

1794-5.

§ 172. Thomas Stapleton, of Carleton in the county Printed Cafes, York, Efq. claimed the barony of Beaumont; and ftated, that Henry de Beaumont was fummoned to par liament in the fecond, third, fourth, and feveral other years of the reign of Edward 2. and fat in parlia, ment. That the barony of Beaumont defcended to William Lord Beaumont, who died 24 Hen. 7. without children, leaving an only fifter, Joan. That the faid Joan married John Lord Lovell, and had iffue a fon, who died without iffue, and two daughters; Joan, who married Sir Brian Stapleton, to whom the claimant was heir at law, and Fridefwide, who married Sir Edward Norris. That Fridefwide had two fons, Sir John Norris, who died without iffue; and Henry Norris, who was attainted of high treafon in 27 Hen. 8. and from whom the Earl of Abingdon was lineally

defcended.

That, upon the death of Sir John Norris, without iffue, the abeyance in the barony of Beaumont ceased; and the whole right and claim to the fame vested in

That the petitioner

the heirs of Joan the eldest fifter.
was the heir general of Henry de Beaumont, who was
first fummoned to parliament; and therefore appre-
hended, and was advifed, that he had a legal claim to
the faid barony.

This petition was referred to the Attorney General (Sir John Scott), who reported," That an impor

Collins, 398.

tant question arofe, whether, by the attainder of "Henry Norris, the abeyance was determined, and "the heirs of the eldeft fifter exclufively entitled by "defcent to the barony of Beaumont, by reafon of "the incapacity of Henry Norris's heirs thereby "created, to claim through him? Upon this point "point he humbly certified to his Majefty, that he "had not been able to find any fatisfactory determi"nation; and, inafinuch as this point materially "affected his Majesty's royal prerogative, and the

' principles of law, with refpect to the defcent of "honours and dignities; he humbly prefumed to "fubmit to his Majefty, that, before any act was done "pursuant to the prayer of the petition, it might be

fitting to refer the whole matter of the petition to "the Houfe of Peers."

The petition having been referred to the House of Peers, it was contended by Mr. Stapleton's counsel, that the coheirfhip was determined by the attainder; and that the cafe of Charleton Lord Powis was in point.

In that cafe, Lord Powis died feifed of the barony of Powis, which was created by writ, leaving two daughters, Joan married to Sir John Grey, and Joyce, married to Lord Tiptoft. Joyce left iffue a fon, John Lord Tiptoft, who was created Earl of Worcester, and was attainted of high treason, and executed 10 Ed. 4. Joan had iffue a fon, who left iffue a fon Richard, who left iffue a fon, John. Neither Henry nor Richard were ever fummoned to parliament; but John, who was

ten