Page:The Complete Peerage Ed 1 Vol 3.djvu/109

 DEVON. 107 XX. 1511 2, or 9. Henry (Courtenay) Earl of Devon, 1st and and only surv. 8. and h,, 6. about 1-198 ; obtained in Dec. 1512, in the 1512, Pari. °f -1 Henry VIII., a reversal of his Father's attainder (in 1504), t„ whereby he sue. to the Earldom of Devon, as held by his grandfather, 1539 h*villg, the year previous, sue. to the Earldom of Devon conferred (in 1511) on bis father. P.O. and gent, of the privy chamber, 1520 ; el. K G.. 21 April and hist. 9 June 1521, in which year he attended the King at the field of the Cloth of Gold ; High Steward of the Duchy of Cornwall, &a, 1583 J Constable of Windsor, &c, 1525. On IS Junel52y, he as " Earl of Devon, Lord [' dominus ' i.e., feudal Lord] of Okchampton and Pti/mpton" was cr. MARQUESS OK EXETER ; (■') Lieut, of the Order of the Garter, 17 May 102S. lie supported the King, Henry VIII, in his wish to obtain a divorce, signing the letter to Pope Clement VII. to that effect, being a Commissioner in 1533 for Queen Catherine's deposition, and was rewarded with the Stewardship of numerous Abbies and Priories in the West of England. He assisted in the suppression of the rebellion called the Pilgrimage of Grace ; was on the trial of Queen Anne Boleyn, was High Steward for the trials (15 May 1537) of the Lords D'Arcy and Hossey. The measures uf Crom- well, the Vicar Gen., were so obnoxious to him that he drifted into a treasonable conspiracy with the Pole family, endeavouring to raise the men of Devon and Corn- wall, and being taken prisoner, was tried by his Peers, 3 Dec. 1538, in Westm. Hall, found guilty of high treason and lithcadcd 9 Jany. 1538/9 on Tower Hill (with Lord Montacute and Sir Edward Nevill) when, having been attainted, the Earldom was forfeited.^) He m. after June 1515, Elizabeth, da. and h. of John (Grey), 2d Viscount L'Isle, by Muriel, da. of Thomas (Howard), Duke ok Norfolk. She d. not long afterwards, s.p. He m. secondly, 25 Oct. 1519, Gertrude, da. of William (Blount), -1th Baron Montjoy, by his first wife, Elizabeth, da. and coheir of William Say. This Lady was attainted as his widow, July 1539, and kept in prison for some years, but her attainder was reversed by Queen Mary, to whom she became a Lady- in-Waiting. She d. 25 Sep. 1558, and was bur. at Wimbornc Minster, Dorset. XXI. 1553. 1. Edward Courtenay, 2d. but only surv. s. and hi by the 2d. wife; b. 1526, being aged 12 at his Father's death in 153S/9, was especially excepted from the amnesty of Ed. VI., in 1517, and was a prisoner for nearly 15 years, not being released till 3 Aug. 1553, a few days after the accession of Queen Mary. He was by pat. 3 Sept. 1553, a: EARL OF DEVON or Devonshire, " to him and his heirs male for ever," the usual words " of his body " being otuitted( c ) therein, as also in the clause giving such heirs a seat in Pail. To this was ( a ) This was the 8th Marquessate that had ever existed in England. See infra, note, sub " Dorset " Marquessate, 1397-99. Of these eight, but one, at the time of this creation, viz., Dorset [Grey), cr. 1475, was in existence. ( b ) All his lands in Cornwall were annexed by the King to the Duchy of Cornwall. ( c )  It was reserved for a decision in the House of Lords in the 10th century to award an Earldom to an heir male general, who derived his claim, as such, from an ancestor who lived 200 years anterior to the Patent of Creation under which he claimed and [that, too] after three centuries of quiet acquiescence in its extinction." See  Cmtrthopc " in his " observations on dignities " p. lvi, where also it is stated that " the limitation thus introduced is not presumed to have deviated from former limitations other than substituting a male for a female heir, the words dc corpore sun having been " fully understood, tho' not expressed, in the former mode of limitation." Thus, in 1377, John (Mowbray) Lord Mowbray, was cr. Earl of Nottingham " sibi ct htcredibus sin's" but the words "rfe corpore suo" were evidently implied, for after his death, s.p., his br. and heir Thomas, Lord Mowbray, did not inherit the Earldom, as such heir, but was himself in 1383, cr. Earl of Nottingham, the words " dc corpore suo " (which having been first introduced in 1322, became, since 1337, the general rule) being, in this second creation, added thereto. Tho words " sibi cl haredibus suis maaculis inperpietuum'' [without the addition of " tfc corpore suo") have been used in live other cases, (tlu'ee conferred by Richard II., and two by Henry VI., neither of whoso troubled reigns furnish a good precedent in Peerage mattere,) viz., (1) The Earldom of Oxford (Fere), cr. 1 393, which, iu 1702,