Page:The Complete Peerage Ed 2 Vol 4.djvu/725

APPENDIX H 703 Tailboys was apparently inherited by the heir general. As a precedent determining the limitation of the other six it is not quite satisfactory, for we must bear in mind that Thomas Wymbish's wife was daughter of the King's mistress, and possibly of the King, who may have countenanced her assumption of the barony after her brother's death. The circumstances invite further investigation, especially as the inference to be drawn from the Wymbish claim may have furthered considerably the doctrine of female inheritance of baronies by writ. Early as the Tailboys case is, if an assertion made by Richard Bertie in 1572 is to be believed — it does not seem credible — there was a yet earlier recognition ot the right of the heir general in 1525. In that year William, called Lord Willoughby, died s.p.m.s. His only daughter Catherine married, istly, Charles Brandon, Duke of Suffolk, and, 2 ndly, Richard Bertie, who claimed the Barony of Willoughby in right of his wife in 1572. He alleged that immediately after the death of William lord Willoughby, the said Dutchess, as his sole daughter and heir, enjoyed the title and stile of lady Willoughby, descended to her from her father. At which time Sir Christopher Willoughby, knt. younger son to the lord Christopher, and brother to the lord William, claimed the dignity as heir male, and the claime being heard, the title was adjudged to the lady Catherine, now dutchess.(^) Richard Bertie did not succeed in getting a writ of summons; but his son Peregrine was summoned in Jan. 1 580/1, four months after his mother's death, so that her right may be said to have been recognised. Here we may pause to pass in review the various steps in the growth of heritable titular baronies. We have had: Barony by tenure. Barony by tenure plus a separate writ demanded as of right. Barony by tenure plus a separate writ which is a burden to most recipients, and cannot be demanded as of right by those who desire it. Barony, i.e. Lordship, of Parliament by writ valued as a privilege. Barony by patent in tail male. Barony by writ inheritable by heirs male, and eventually by heirs female. From this time on claims of female succession, or of succession through a female heir, became frequent. Although the law as to baronies by writ is held to have been settled by the Clifton case in 1674, the prin- ciple was recognised earlier in several peerage cases, and many problems C) Collins, Precedents, p. 4.