Page:The Complete Peerage Ed 1 Vol 3.djvu/111

DEVON. 109 ancestors of the said Earl, heretofore Earls of Devon, had ever had or enjoyed." (•■>) K.B. -'9 Sep. 1553 ; Bearer of the Sword of State, at the coronation, 1 Oct. 1553 ; being restored in blood [but not in honours] by act of Pari., 1 Mary, c. 3. He appears to have been implicated in Wyatt's plot, and to have had ideas of marrying the Piiucess Elizabeth, and thua, possibly obtaining the Kingdom. He was again imprisoned for a year, from 15 March 1553/4 to 6 April 1555 in the Tower and at Fotheringsy, after which he went abroad. He d. tinm., not without a strong suspicion of having teen poisoned, 18 Sep. 1550 at Padua, and was bur. at St. Anthony's, there. His estates were divided among his heirs, the descendants of his great graud-aunts, the four sisters of his great-great-grandfather Kdward, Karl of Devon, so cr. 14S5. [After his death the title for nearly three centuries was considered extinct, aud was conferred in 1603 and again in 1013 [such title still existing] on entirely different families ; but, according to the remarkable decision of the House of Lords in 1831 it must be considered to have been dormant for tliese'275 years, the persons who under that decision would have been entitled thereto being as under. None of these, however, laid claim to the same, while one of them accepted a Baronetcy iu Hill, and another, in 1702, a Viscouutcy, unconscious of the wonderful gyrations which hereafter was declared to belong to the (not altogether unique) patent of 1553.] XXII. 1556, .?. Sra William Couiitenav, of Powilerhani, co. Devon, do jure Earl of Dnvox(b) cousin and h. male, being only s. and h. of George C, by Catharine, da. of Sir George St. Lkgeh, which George C, was s. and h. ap. of Sir Wm. C. (<(. 1535), s. and h. of another Sir William C. {d. 1 512), R. and h. of a third Sir William C. (</. 14S5), s. and h. of Sir Philip C. (<£ 1403), s. and h. of Sir John C. {d. before 1415), Sid s. of Sir Philip G. {d. 1400), all of Powderhani afsd., which last named Philip was yr. br. of Edward C, of Godlington, (d. before 1387), father of Sir Hugh C. of Haccombe, father of Sir Hugh C. of Boconnock («!. 1471), father of Edward, Earl of Devon (1485-1509), father of William, Earl of Devon (1511), father of Henry, Earl of Devon (1511-39), attainted 1539, who was father of Edward Coui'teuay, created Earl of Devon in 1553 as above mentioned. ( c ) He sue. his grand- mafc in Scottitli honours," having premised that " in the Devon case, in the dearth of English precedent, Scottish practise was directly founded upon." Here, however, occurs the Barony of Cramond [S.], cr. 1028, with a rem. to Sir Thomas Richardson "suisque hoiredibus mascidis quibus deficientibus, [necessarily implying those of Ais body] lueredibus masculis dc curporc dicti Patris," while the English Barony of Lucas, cr. 1614, is equally strong, the rem. being to " Sir Charles Lucas and his heyrcs male and for want of such issue [shewing heirs male of the body to have been meant] to Sir Thomas Lucas and his heyres male for ever." The Barony of Cobham {Brooke), cr. 1045, was " to Itcirs male," but on the death s.p. of the grantee in 1000 was considered extinct. The words " for ever," be it observed, in no way strengthen the rem., being frequently inserted after " of the body," tho' it is possible that the words •' 'luibuscunquc " or " arma cl nomcn families gcrciitibus " may convey, perhaps, some more extended meaning. Mr. Kiddell also remarks that the case of Devon in 1831 " is the only English decision that has recognised in the case of honors the meaning of heirs male as importing a collateral male rem., and that it was further admitted upon the occasion that no English peerage had ever so descended in virtue of such words." It is doubtful, indeed, whether the Crown without an Act of Pari, has in England the ] lower to grant such an extensive estate in entail as a Peerage to heirs male whatsoever ; a grant of lands to such heirs is undoubtedly void (Lovell ease, 18 Hen. VIII), and this was, till 1831, generally considered to apply to Offices and Peerage, but in that year, as Nicolas triumphantly remarks, " the decision [in the Devon case] established that honours are governed by distinct rules from real property mid that tho grant of a peerage to a man and his heirs male is a valid grant and will convey the dignity to his heirs malt- collateral." See also a letter from the well known T. C. Banks to Lord Chancellor Brougham (1831) as to other results that might ensue if this decision (as to adoptng the letter and not the intention of the instrument of the creation) is to be followed. (") See us to " Precedency of Peers in Pari, by Royal warrant," vol. i, p. 229, note ( 'a," sub " Banbury." ( b ) According to the extraordinary decision of the House of Lords, confirmed 15 March 1831, respecting that dignity. (°) Sco tabular pedigree p. 112, note " a."