Page:The Complete Peerage Ed 1 Vol 1.djvu/139

 ARDELVE — ARDEN. 1 ] 7 ARDELVE. i.e., BARON OF ARDELVE, co. Wicklow [I.]. Sec " FORT- HOSE." Viscount [I.], or. 1766; ex. 1781. ARDEN. Baroness & %. Catharine, Countess or Egjioxt [I.], wife of John Barons /I 1 (Pkki'EVai.'i. 2nd Earl .of BoifOiw fl.], 3rd da. «f the Ben. Charles COMPTOK (by Mary, da. and U. of Sir Berkeley Lucy, Bait) and sister I. 1770. of Charles and Spencer, 7th and 8th Earls of NORTHAMPTON, m. (as his second wife) 26 Jan. 17f>6 at Charlton, co. Kent, the Karl of Egmont[L.] above named ; and, on 23 May 1770, was or. BARONESS ARDEX of Lohort f'astle, CO. Cork, with rem. of the Barony to the heirs male of her body. Her husband i 20 Dec. 1772. She d. at Langley. Bucks, 11 June 1784. (For fuller account see " Eg.mont," Earldom of [I.], under the 2nd Earl.) II. 1784. 2. Charles George (Perceval), Baron Arden [I.], iyj ■ . s. and h. of his mother, b. at Charlton, Kent, 1 Oct. 1756. Tonic his Barons(U.n. ( seat m the H(mse rr/ j 8 Peb 17s7 He wa3 M p for Launceston L 1802. 17S0-90 ; for Warwick. 1790-96, and for Totues 1796-1S02. Was one of the Lords of the Admiralty and was Registrar of the Court of Admiralty.. On 28 July 1S02, he was raised to the Peerage of the United Kingdom, being cr. BARON' ARDEN of Arden. co. Warwick. He m. 2 March 1787 at Chariton, Kent, Margaretta Elisabeth, 1st da. of Gen. Sir Thomas Spencer in her issue, sole heir) of Edward, 2nd Earl of Meath, Lord Brabazon and Baron Ardee [I.] It appears from a ease laid, in 1836, before the eminent Peerage Lawyer, Sir N. Harris Nicolas, by C'hidiey Coote of Mount Coote aforesaid (grandson and h. gen. of the abovenamed Chidley Coote, the Petitioner), that the said petition was, on 22 April 1762, referred to the Attorney (Jen. and the Solicitor Gen. [I.J, and that the latter (alone) gave his opinion thereon, which was in favour of the Petitioner, "in consequence of which a writ was ordered to issue, but the Petitioner, 0. C, dying in the meantime [21 Feb. 1764), the subject nu not brought forward again." The facts of the wise were these — William Braba/.on, s. and h. an. of Edward, 2nd Earl of Meath [I.], was called v.p. to the House of Peers [1.] by writ of summons, 30 Oct. 1665, as Lord Ardee, or Lord BbaBazoh op Ardek*, and sat and voted in the House as Junior Baron till his father's death, when he inherited the Earldom of Meath [I.] The name of the Barony that was vested in his father was " Lord Brabazou, Baron ok Ardkf. [I.], cr. 19 July 1616. Nicolas' opinion was (1) that the decision in the case of the Barony of Sydney in 1782 (20 years after the report in this case) was conclusive against any new Barony of Ardee being cr. by such writ of summons and sitting, unless there was " a material variation " from the name of the Barony enjoyed by tbe father of the Peer so sum- fowl; and (2) that though the fact of Lord Brabazon having sat as Junior Baron "is entitled to some weight, still, 1 fear, it would not in itself be deemed sufficient to prove a new creation." The opinion that the precedence assigned to a Barony is not, of itself, sufficient to determine the ihilc of its creation, is strengthened by the cases of Strange, Clifford, &c. See p. 22, note '• b." In the former case we read in " Cruise " (p. 227) that the ftewly summoned Baron's " rank and precedence is a matter merely Collateral ; . . . and if any question arises upon the place given [to such Baron] by the Heralds, it is to be decided by the Lords of Pari, in the House of Lords, as a matter of privilege ; whereas the riijht of Peerage itself the Lords never have judged, bid upon a reference by the Crown," With respect to this claim moreover, it must be borne in mind that " Audee," i 9 not taengUeh Barony (i.e. one capable of being cr. by writ) but an Irish Barony, where the WBt is merely incidental to, and not creative of, the Peerage. See " Preface " to this Vol., p. ii, note "a."
 * The title is " Atberdek " on the Lords' Journals [L] of 21 Dec, 1665.