Page:The Complete Peerage Ed 2 Vol 4.djvu/178

 i6o DE LA WARR Looe 1572-83, for Yarmouth (I. ofWight) 1586-87, for Hants 1588-89, and for Aylesbury 1592-93. Sheriff of Hants 1585-86; knighted 7 Dec. 1587. On succeeding to his father's Peerage he claimed the precedency of the ancient Barony, when the House of Lords decided that the disability of his father was personal only, operating against his father for his life, but not affecting the petitioner: that the acceptance of a new creation could not injure the claimant, but that on the death of his said father, the old and new dignities descended together to the petitioner, and that the old should be preferred. On 14 Nov. 1597, he was accordingly placed in the precedency of the ancient Barony,(*) viz. next below the Lord Willoughby of Eresby, and next above the Lord Berkeley. He was one of the Peers that sat in 1601, on the trials of the Earls of Essex and Southampton. He m., 19 Nov. 1571, Anne, da. of Sir Francis Knollys, K.G., by Mary, da. of William Cary. He d. 24 Mar. 1 601/2. Xn. 1602. 3. Thomas (West), Baron de la Warr, 2nd but ist surv. s. and h., b. 9 July 1577, and bap. at Wherwell, Hants;('') matric. at Oxford (Queen's Coll.), 9 Mar. 159 1/2; M.P. for Lymington 1597-98; knighted at Dublin by the Earl of Essex (Lord Lieut.) 12 July i599;("=) M.A., Oxford, 30 Aug. i6o5;('') Gov. and Capt. Gen. of Virginia, 28 Feb. 16 10, whither he proceeded the same year with 150 artificers, returning home in 161 1, after having settled that colony.C) He w., 25 Nov. 1602, at St. Dunstan's-in-the-West, Cecily, 6th and yst. (*) " Vide Report of the Lords' Committee to report on the Dignity of a Peer of the Realm, p. 25. After this decision, it may appear presumptuous to have hazarded the assertion . . . that the ancient Barony is vested in the representatives of Mary, the da. and heir of Sir Owen West, uncle of this Baron; but the case is analogous to that of the Barony of Percy, in which instance, akhough Algernon Seymour (afterwards Duke of Somerset) was sum. to Pari, in 1722 as Baron Percy, on the supposition that he had succeeded his mother in the ancient Barony, and although he was placed in and sat with the precedency of the ancient Barons Percy, yet it is held by the most competent judges of the subject that the only Barony of Percy to which his descendants, the Dukes of Northumberland,* have succeeded, is that created by the writ of 1722, the said Algernon Seymour, Lord Percy, having erroneously had the precedency of the old Barony assigned to him." (Nicolas). See also vol. i. Appendix D, as to Precedency Anomalously Allowed; and see Pike, and Round, ut iupra. •Since 1865 such descendants and representatives have been the Dukes of Atholl [S.]. C") " Sponsors Sir Thomas Shirley, Mr. West of Testwood, and Lady Ann Askin." (') On 26 May 1602 his father-in-law writes to Sir Robert Cecil begging him that the Queen may "bestow on him those things which his father enjoyed ... for the young gentlemen is left in a most broken estate." V.G. C) See note mb Effingham, as to the degrees conferred on this occasion. (°) His name is still commemorated in Delaware Bay, the State of Delaware, iifc, in America. See Sir Egerton Brydges' full account of this settlement, in Collins, vol. V, p. 20.