Page:The Complete Peerage Ed 1 Vol 7.djvu/257

STOTTRTON. 255 IX. 1557. 9. Jonx (Stourton), Baron Stourton, 1st s. and h., h. about 1555 ; sue. to the peerage 6 March 1556/7. He mat. at Oxford (Ex. Coll.) 3 Dec. 1575 aged 20. He was sum. to Pari, and took his seat 11 Feb. 157S/6(") On 6 March following a bill was introduced and read for the third time on the 7th. to restore him, as also his brothers aud sisters, in blood, but it never became an aot(j of Pari. He was one of the 24 noblemen( c ) for the trial of Mary, Queen of Soots, at Fotheringay in 1586. He »«.(■') in 1580, Frances, da. of William (Brooke), 10th Loud CoBHaM, by his second wife Frances, da. of Sir John Newton. He d. s.p. 13 Oct. and was bur. 25 Nov. 15SS at Stourton. M.I. Will dat. 22 March If-S'/B, pr. 15S!I. His willow, who was b. 12 Jan. 1561 2 at Cobham Hall, Co. Kent, in. Sir Edward Moure, of Odiham, co. Hants, and Worth, co. Sussex, by whom she had issue. X. 1588. 10. Edward (Stocrton), Baron Stourton, br. and h. : b. about 1557, mat. at Oxford (Ex. Coll.) together with his eldest br. 3 Dec. 1575 sue. to the pecntye 13 Oct. 15SS. He m. before 1598 Frances, da. of Sir Thomas TbkSHAM, of Unshton. co. Northampton, by Muriel, da. of Sir Robert Throckmorton. He U. at Clerkenwell, co. Midx. 7 and was bur. 25 May 1633 at Stourton. M.I. Will pr. 1633 aud 163 1. XI. 1633. 11. William (Stourton), Baron Stourton, 1st p. and h., 4. about 159S: K B. 3 Nov. 1616; sac to the peerage 7 May 1633 ; was in attendance on the King at Oxford, in May 1616. He m. about 1616. Frances (his 1st cousin of the half blood) da. of Sir Edward Moore, of Odiham, by Frances (Dow. Baroness Stockton) da. of William (Brooke) 10th Lord Cobham abovemiuied. She ti. 5 Jan. 1662 and was bur. at Dorking, co. Surrey. M.I. He d. 25 April aud was bur. 7 May 1672 at Stourton. Will pr. 1672. (") " Pi's., IS years after the death of his father. A bill signed by the Queen for his restoration in blood was shortly after introduced into Parliament, but after con- siderable discussion it never passed the Houses ; it may therefore be contended that the attainder of felony passed upon Charles, Lord Stourton, operated to the forfeiture of the dignity by Patent, and that the Writs to John, Lord Stourton, and subse- quently to Edward, his brother, created new dignities. On the other side it may be urged that a dignity by Patent is a tenement within the meaning of the Statute ' l)c bonil,' and that therefore the attainder for felony did not prevent the descent of the dignity. — Vide Fourth Peerage Report, p. 311." [Courthope.] The effect at this date of an attainder for filomj on a peerage in tail was not the smne as that of one for liitjlt treason. By statute 26 Hen. VIII. [1534-35], "all estates of inheritance, including estates tail were rendered subject to forfeiture for liigh treason [but tins act] did not render them subject to forfeiture or escheat for felony ; and consequently it seems that a diynity entaded would descend to the heirs of the body of the person attainted, if a dignity weie subject to the same law of entail as lands " [Pike's " Constitutional History of the /louse of Lords," in which able work this case of STODRTON is quoted as " the best illustration" in support of the doctrine, that "an entail saves the rights of the heir to a dignity, after attainder of felony," (") "It is said in D'Ewes's Journals of the Commons (pp. 261-265) that the Lords would not accept a provitti, inserted in the bill by the Commons" [Pike's " House of Lords " as in note " a " above.] (") See vol. iii, p. 72, note '" a," sub " Derby " for a list of them. ( d ) It appears that in Feb. 1576/7 his marriage with "Mrs. Paston " was in con- templation. t°) The 3 brothers matric. at Oxford (Ex. ColD all on the same day, 3 Dec. 1575, m , John, Lord, Wilts (" dialecticus ") aged 20 ; Edward, Dorset, " Baronis fil," aged 16, and Charles, Wilts, " Baronis fil," aged 14 ; but it is difficult (even supposing Charles to be posthumous) to reconcile his age, aud that of Edward, with the date of their father's death. There was an " Edward Sturton " admitted to Gray's Inn 1573, who probably was the " Edward Stowrton, Gent, of St. Martin's-in-the-lielda " who 12 Dec. 1579 had lie. (London) to marry " Mary Stalfordc, spinster, of the same," and who probably wus not the Edward in the text.