Page:The Complete Peerage Ed 1 Vol 1.djvu/430

 408 REMARKS ON THE DUKEDOM Of CHATELLERAULT. Peers. It is quite clear that in the sense of being u dttcla-pairie the duchy created by Henry II for Arrau was not " a peerage dignity ; " but that did not at all affect the fact that the Duchy was nevertheless n Itcrcditai ij dignity. The difference in the letters patent on which Mr. Stodart lays stress, is fully accounted for by the fact that Montmorency was created (while Arrau was not) " Due et pair ; " and it must be added that no further argument can he bused upon the difference in the letters-patent if it be remembered that Montmorency was the lirst French subject created "Due ot'ptir" by letters patent :' of this fact Mr. Stodart seems to be unaware. It must he noted that by the treaty signed at ChatiHon, Jan. "27, 1517, Hen. II expressly engaged "a conferer au Comte d'Arran le titrc tie due, aeee dttc/tc en cc royuuinc dc France dc dottzc mille /teres de rente, potlT lui, ses hoirs et at/ants cause, a pcrpittiitc.'' The after proceedings show clearly that this engagement was carried out to the letter by Henry. On Feb. 15, 1348 the act of cession of the duchy of Chatellerault received the sign manual. In the same mouth letters patent of investiture were delivered by the King at St. Germain's. In the month of .Inly letters dc grand naturalite were granted to the "Comte d'Arran, due de Chatellerault, pour lui et sc., heritiers: " and moreover the King divested himself and his successors of the "droict d'aubeyne " with regard to the duchy, in favour of the Duke, his heirs and successors. In 1650, the Bishop of Ross, as procurator for Arrau, did homage for the Duchy, and the need- ful proceedings in fultilment of the provisions of the treaty were thus completed. There is really no doubt whatever that a hereditary duchy was fully and legally created, and that it was not merely a rental of 1*2,000 livres which was secured to Arrau and his heirs. The King thoroughly earned out the stipulations of the treaty, and we may be sure that no other arrangement would have satisfied the Karl. No doubt could have arisen on the subject had it been remembered of how very few persons the " pairs de France " consisted at this time, and that the two dignities uC the duehc and pairic were, and continued to be, distinct. Arrau as a foreigner would care nothing for the special privileges of the /xii'n'c : the Duchy of Chatellerault, with its hereditary title and its guaranteed revenue of 12,000 livres. would be all that he could value. The seizure of the Duchy in 1559, after Henry's death, by the •' parlcment dc Poitiers" did not destroy Arran's rights; and, iu 1560, in the treaty between Kngland, France, and Scotland, it was particularly stipulated that the Scottish teiyneurt, par~ timlicrcment le due de VltatcUcruitll rentrcruicnt en pmscssiun et joitisHttur dc Unites les lerrcs, possessions, heritage*, estttts, ct offices donl ils jnuissuicut en France maul le sixieme Mars looS, non ohstant Unties suisics, tlottt par cc traite, 8a Majcslc ennstntit par ses Atnbassadcttrs unc plcinc ct cnticrc mainlcecc. As a matter of fact the full restitution of the Duchy was hindered by various causes ; though money payments were made iu partial satisfaction of the claim ; but the hereditary rights granted to Arran and his heirs in the Duchy, and therefore to the title of Duke of Chatellerault, were never legally annulled. It must be added that no argument can be drawn from the fact that the Earl of Arran was not always styled in documents ' Due de Chatellerault " by the French King, in the face of many othein in which his full title was accorded to him." 1 Artus de Gouffierhad been created in 151 1) Due ct pair do Koanne, but died before investiture. [December, 1SSG.]
 * t) Ma-. Stodart has overlooked the fact that in France, Dukes were not necessarily