Page:The Complete Peerage Ed 2 Vol 4.djvu/757

 APPENDIX H DARCY 735 The histor)' of Conyers Darcy's peerages has been so much confused by the legal decision of 1903 that it will be well to state the facts as they occurred. Conyers Darcy in 1641 was a coheir to the Barony of Darcj' (ist writ 1331/2) and to the Barony of Conyers (1509). He petitioned for the Barony of Darcy, and was in Aug. 1641 created Baron Darcy and Baron Conyers, with limitation to the heirs male of his body. In 1644 he became sole heir to the Barony of Conyers (1509), and consequently was entitled, according to modern law, to that barony in fee. His son, Conyers Darcy, was summoned to Parliament in 1678 and 1680 by writs directed Conyers Darcie de Darcie et Meynill, whereby, according to modern law, he acquired a barony in fee entitled Darcy and Meynill. The issue male of the grantee of 1641 failed in 1778, when the Baronies of Darcy and Conyers (1641) in tail male became extinct; but the Barony of Conyers (1509) and the Barony of Darcy and Meynill (1678) devolved on Amelia, heiress of the last lord, and fell into abeyance in 1888 between the two daughters of Saclcville George Lane-Fox. In i 892 the abeyance in the Barony of Conyers (1509) was determined in favour of the elder coheir. In 1903 the younger coheir was allowed the ancient Barony of Darcy (i st writ 1 3 ] i /i) with pre- cedence of 1344, which barony was in abeyance between her and her sister and the heirs of Elizabeth Strangways. The Committee for Privileges in 1903 held that the creations of 1641 determined the abeyance then existing in the Baronies of Darcy and Conyers, which involves the consequence that the limitation, though actually ex- pressed as to heirs male of the body, is to be interpreted as to heirs general. The warrant for the issue of the patent in 1641 was in the following terms: Charles by the Grace of God, Sa'c, We therefore, reviewing with our minds eye the most ancient race of the Darcys, Barons of this our Kingdom of England, are unwilling that the tomb should close so fast upon the ashes of these heroes that their memory should perish among their descendants; and whereas John Darcy was Baron Darcy of this our Kingdom of England to him and his heirs in the time of Henry, King of England, fourth of his name (our predecessor of most famous memory) and on his death left sons, Philip the elder, who, after his father's death, was his father's heir and Baron Darcy of this our Kingdom of England, and John, the younger; and to this Philip (also long since deceased) were born only daughters and co-heirs, So that after his death as aforesaid this same ancient Barony of the Darcys, in right of our prerogative, fell into our hands and there remains to be granted (if such should be our pleasure) according to the practice of our predecessors in similar cases, to any one of the co-heirs of the aforesaid John Baron Darcy. . . . Know therefore that We, o c, of our especial grace, certain knowledge, and mere motion, have declared, accepted, ratified and confirmed, and by these presents do declare, accept, ratify and confirm the afore- said Conyers Darcy, Kt., and the heirs male of his body lawfully begotten to be Barons Darcy; and moreover, for the greater caution to avoid all the risk of doubt that might hereafter arise as to the efficacy in law of this our declaration (which we trust will not be the case). We (if these our Letters Patent should in any way be ineffectual or invalid)