Page:The Complete Peerage Ed 1 Vol 3.djvu/48

46 DE LA WARR. III. 1347. 3. Roger (La Wabr), Lord La Wahb, grandson and b., being s. and h. of Sir John La Warr, by Margaret, da. of Robert Holland, which John was s. and h. an. of the last Lord, but d. V.p. before Aug. 1345. He was IS in 1347 ; was Knighted, April 1360, and was sum. to Pari by writs 14 Aug. (136?) 36 Ed. III. to 1 June (1363) 37 Ed. IU. Distinguishing himself in the French wars he was one of the two(°) Englishmen to whom John, King of France sur- rendered himself at Poitiers, 19 Sep. 1850. He was Knight of the Household to the Prince of Wales and Councillor in Aquitaine, 1366. He m. firstly Elizabeth, da. of Adam (de Welles.) Loud Welles. He m. secondly Eleanor, da. of John (MOWBRAY), Loud Mowbray, by Elizabeth, da. and h. of John (Skobave), Loud Skobave. He d. 27 Aug. 1370 in Gascony. Will dat. 28 April 136S, at Wakerley afsd, (directing his burial to be at Swinestead Abbey if he died in England) pr. 5 Oct. 1370 at Stowe Park, Lincoln. IV. 1370. 4. John (La Warr), Lord La Warr, s. and h. by 1st wife, aged 26 in 1370, was, with his father and after his death, in the wars of Gascony. He was sum. to Pari, by writs 8 Jany. (1370/1) 44 Ed. Ill to 5 Nov. (1397) 21 Ric. II. In 1397 he obtained leave to absent himself from Pari, and from any future wars. He m. Elizabeth. Her will, dat. at Grimsthorpe 12 Oct. 1393. pr. 17 Jany. 1393/4 at Lincoln. He d. s.p. 27 July 1398. Both were bur. at Swine- stead. His will, dat. 8 Jany. 1397, pr. 1 Aug. 1398 at Swinestead, and registered at Lincoln. V. 139S. 5. Thomas (La Warr), Lord La Warr, or De La Wabr, br. of the whole blood and h., was in 1398 aged 40. He was a Piiest and sometime Rector of the Church of Manchester, which, 9 Hen. V (1421), by his request was made Collegiate, He was sum. to Pari, by writs, directed " Magistro Thomas De La Warr," from 19 Aug. (1399), 23 Ric. II, to 7 Jany. (1425/6), 4 Hen. VI.(t>) He d. unm., 7 May 1426. VI. 142G. G. Reginald (West), Lord La Warr, or De La Wabr, and Lord West,( c ) nephew and heir,( d ) being 2d but only (») The other was Sir John Pelham j in commemoration of this feat the buckle of a belt was assigned to Pelham, and the crumpet chape, or boteroll (the metal termination of the King's scabbard) to De La Warr. " A erampet, or, the inside, per pale azure and gules, charged with the letter B., of the first, is a badge used by Earl De La Warr." See Parker's " Heraldy," 1847. The letter ' R." doubtless signifying " Roi.', (*) There is proof in the rolls of Pari, of his sitting. ( c ) The Barony of West, if a heritable Barony was cr. by the writs to his father, from 21 June 1402 to 25 Aug. 1404, would have devolved in 1415 on him, and would accordingly thenceforth follow the Barony of De La Warr till the death, s.p., of Thomas, Lord De La Warr and West, in 1554. ( d ) He was undoubtedly heir general of the 1st Lord, but was of the half Hood to the last lord and his predecessor. The ground of this succession is thus recited in Dodderidge's " Treatise of Nobility," viz: " that Thomas, Lord De La Warre, being seized in fee tail of certain demesnes, under a fine levied in the lime oj liis 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" Banks says, " From this it is to be deduced that the succession to the Barony was in this instance, governed by tlie succession of the Baronial estate, and not by any right derivable from the writs of summons as creative of a personal descendable dignity." See " Bar. Angl. Cone," vol. i, p. 189, where somewhat contradictory pedigrees of the (undoubted) heir of the whole Hood (John Griffin) thro' the family of Latimer are given, with various intelligent observations thereon. In Collins' " Precedents," this case of half blood is alluded to, pp. 227, 228, 244 and 250, and it is there stated that in it " the King conferred the dignity upon the half blood before the whole blood, clean contrary to a state in fee and repugnant to the maxim of one sole heir," and similar cases are quoted of Baronies by writ going to the half blood " contrary to the rule of possessio fratris," viz: Fitzwalter, Mortimer, Welles, Fauconbridge, Ogle as well as De La Warr, in which last case it occurred " twice, ("meaning, apparently, after 1554 as well as after 1426] upon several solemn debates for precedency and contrary to the opinion of some of the Heralds, which proves that the matter did not pass sub silcntio."