Page:The Complete Peerage Ed 2 Vol 1.djvu/522

 APPENDIX D PRECEDENCY ANOMALOUSLY ALLOWED The precedency due to certain Baronies of ancient creation has been allowed in the following cases to the person sum. therein, though such person has not been the h. gen. or even a coheir of the Barony, and would not, according to the now accepted notion, have been entitled to such precedence. There is some ground for supposing that to certain ancient Baronies (say those before temp. Henry VI.) certain seats in the House of Lords were formerly assigned, and that to such seats the persons sum. in the name of such Baronies (whether entitled thereto by descent or other- wise), were deemed to be entitled. (i) In 142 I James Berkeley, h. male (but not h. gen.) of Thomas, Lord Berkeley (sum. by writ 1295) ^^^ himself sum. by writ as a Baron, and he (probably) was, and his heirs (certainly) were, allowed the precedency of the old Barony, in which his grandson Thomas sat (1529-33), though, as the latter was not in possession of the Castle or estate of Berkeley, the precedence could not (in his case, at all events) be due to a Barony by tenure. (2) In 1533/4 Henry Pole was sum. by writ as Lord Montagu, and sat in the precedency of the Barony of that name (under a sum. by writ 1299), though his mother^ through whom his claim was derived, was then living. (3) In 1558 Henry (Stafford), Lord Stafford, (who having been declared Baron Stafford, with rem. to the heirs male of his body by Act of Parliament 1547 had taken his seat as junior Baron in 1548) claimed and was allowed the precedency of the Barony of Stafford (under a sum. by writ 1298), which, so far from being vested in him, was then actually under forfeiture. (4) In 1 57 1 (on 4 April) Thomas Paget was sum. by writ in a Barony of that name, cr. by writ i 549, and was ranked accordingly. If the date of death of Elizabeth, da. and h. of the last Baron {viz. 29 June 1571) be correct, he would not have been so entitled till two months later, viz., after her death, s.p. (5) In 1597, Thomas (West) Lord de la Warr, whose father had sat as junior Baron under a creation of 1570, was allowed xhc precedency of the