Page:The Complete Peerage Ed 1 Vol 3.djvu/96

94 DESPENCER. [The attainder of this Barony in the person of the 6th Lord [1400] was reversed in 1401 [1 Ed. IV.] but the right to it was (together with the Barony of Burghersh) at that time in abeyancef") and continued so (subject, of course, to the effect of the different attainders of the coheirs, until 1604(>') when it was allowed as under.] VII. 1G04. 7. Dame Mary Faxe became, by patent 25 May (1604) 2 Jac. 1., sua jure BARONESS LE DESPENCER, the abeyance of that Barony, to which she was a coheir, being at that date terminated in her favour and confirmed to her with such preeminence as Hugh Le Despencer, Justiciar of England, sum. to Pari. (1264) 40 Hen. III. enjoyed ; such confirmation being made at the same time as that on which the Barony of Abergavenny, which she claimed as heir general, was confirmed to the heir male. See fuller particulars under " Aber- gavenny." This lady was da. and sole h. of Henry (Nevii.l) Loud Ahehcavensv, by Prances, da. of Thomas (Mannehs), Eabi. of Rutland, and was 6. 1554. She m, (as his second wife) 12 Dec. 1574 at Billing, co. Kent, Sir Thomas Fane, of Badsell, in that co., s. and h. of George F. of the same, by Joan, da. of 'William Waller. He, who had been involved in Wyatt'a rebellion, was Knighted 20 Aug. 1573 at Dover and d. 13 March 15S9 and was bur. at Mereworth co. Kent. M.t Will dated 12 March 15S9. The Lady inherited Mereworth and other estates at the death of her Father, 10 March 1586, 7, shortly after which she commenced her claim to the Barony of Abergavenny and was rewarded (in lieu thereof) with the Barony of Le Despencer to which (as well as to the Barony of Burghersh) she was coheir, being da. and h. of Henry, s. and h. of George, s. and h. of George, Lords Abergavenny, which last George was s. and h. of Edward (Nevill) Lord Abergavenny, by Elizabeth da. and coheir of Isabel suojure Baroness Burghersh above named (only child of her first husband, the Earl of Worcester) which Isabel was da. of Thomas (Le Despencer) Earl of Gloucester and Lord Le Despenser, and would, but for her Father's attainder in 1400, have in 1114, sue. her brother nssuo jure Baroness Le Despencer. { c ) She d. 28 June 1626 aged 72 and was bur. at Mereworth. Will pr. 1629. VIII. 1G2G. S. Francis (Fane), Earl of Westmorland and "| Baron BuRQHEBSH, s. and h., sue. on the death of his mother I 8 si as Lord Le Despencer, having previously, 29 Dec 1621, been cr. BAKON )> a s BURGHERSH and EARL OF WESTMORLAND^). He d. 23 March I % ft 1628/9, aged 45. J 10 (2) Anne, suo jure Countess of Warwick, wife of Richard (Nevill), Earl of Salisbury and Warwick, 2d and yst. da. of the said Isabel, Baroness Burghersh, and her only da. by her second husband, Richard, Earl of Warwick. It is to be remarked that Anne, the last named coheir, was Bister of the whole blood to Henry, Duke of Warwick (in whom the right to the Baronies of Le Despencer and Burghersh was vested), while Elizabeth, the mother of the other coheir (Lord Abergavenny) was sister of the half blood ex parte matcma to the said Duke. See vol. ii, p. 79, note " a," sub " Burghersh,' and see tabular pedigree in vol. i, p. 27, snb " Abergavenny." The representation of the Countess of Warwick devolved in 1490 on the issue of her da. Isabel, by George, Duke of Clarence, br. to King Edward IV. (») Seep. 94, note "d." ( b ) " If the proceedings relative to the claim of Lady Fane, in 1603, admit of any positive inference, it would appear that it was then held that the Barony of Despencer had been solely vested in Elizabeth, the daughter of Isabel, by her first husband Richard, Earl of Worcester ; but, had it not been for the operation of the attainder of Thomas, 6th Baron Despencer, it would, agreeably to existing doctrines, have devolved, on Isabel's death in 1440, upon her s. and h. Henry, Duke of Warwick. When the attainder was reversed, Ann, wife of Richard, Earl of Salisbury, waB the other coheir [i.e., Lord Abergavenny, from whom Lady Fane derived, was one, while the said Ann was the other coheir], and under all the circumstances it must probably be considered that the Barony of Despencer was forfeited in 1400 ; that it was revived and fell into abeyance in 1461 ; and that that abeyance was terminated in favour of the eldest coheir, Mary. Lady Fane, in 1603." [Courthope.] ( c ) See Tabular pedigree in vol, i. p. 17, sub. ." Abergavenny." (<>) He was, after his mother's death, coheir (in her light) to the Barony oj Mrghersh (cr. by writ of 1330), and was, thro' his said mother, the representative of