APPENDIX A A LIST OF PERSONS WHO ARE SAID TO HAVE BEEN SUMMONED TO PARLIAMENT IN RIGHT OF THEIR WIVES (*) In his Perfect Copy of all Summons of the Nobility to the Great Councils and Parliaments of this Realm (1685), Sir William Dugdale prints the following "Catalogue of Such Noble Persons as have had summons to Parliament in right of their Wives." Raphe de Monthermer, having married Joan of Acres, Daughter of King Edward the First, and Widow of Gilbert de Clare Earl of Gloucester and Hertford; possessing Lands of great extent in her right, which belonged to those Earldoms, had Summons to Parliament from the 28th of Edw. I to the 35th Year of that Kings Reign, inclusive, by the Title of Earl of Gloucester and Hertford. But, after her death (which hapned in the first year of King Edward the Second) he never had the Title of Earl of Gloucester and Hertford, but was summoned to Parliament as a Baron only, from the second to the eighteenth of that Kings Reign. Hugh Stafford, a younger Son to Hugh Earl of Stafford, having married Elizabeth Daughter and Heir to Bartholomew Lord Bourchier, was summon'd to Parliament by the Title of Lord Bourchier, in 12, 14 H. 4 and in 1 H. 5. Sir Lewis Robsart Knight, having also married the said Elizabeth Daughter and Heir to Bartholomew Lord Bourchier (Widow of Sir Hugh Stafford Knight), had Summons to Parliament by the Title of Lord Bourchier, in 3, 4, 5, 7 H. 6. Robert Hungerford Esquire, having married Alianore, the Daughter and Heir to William Lord Molins, was summon'd to Parliament by the Title of Lord Molins, in 23, 27, 28, 29 and 31 of King Henry the Sixth. Sir Edward Grey Knight, second Son to Reginald Lord Grey of Ruthyn, having married Elizabeth the sole Daughter of William Lord Ferrers of Groby, had Summons to Parliament by the Title of Lord Ferrers of Groby, in 25, 27, 28, 29, 31, 33 Hen. 6. Sir Henry Percie Knight, Son and Heir to Henry Earl of Northumberland, having married Alianore,_Cousin and next Heir to Robert Lord (a) Contributed by H. A. Doubleday, who is indebted to W. Paley Baildon for many helpful suggestions. VOL. V 48 Poynings, was summoned to Parliament by the Title of Lord Poynings, in 25, 27, 28, 29, 31, 33, and 38th of King Henry the Sixth. He was afterward Earl of Northumberland. William Bourchier, third Son to William Bourchier Earl of Ewe, having married Thomasine, Daughter and Heir of Sir Richard Hankford Knight, by Elizabeth his Wife, Sister and Heir to Fouke Fitzwarine; as also Sister and Heir to Elizabeth the other Daughter and Co-heir of the said Sir Richard and Elizabeth, was summon'd to Parliament by the Title of Lord Fitz-warine, in 27, 28, 29, 31, 33, 38 Hen. 6, and in 1, 2, 6, 9, 12 Edw. 4. Sir Richard Welles Knight, having married Joan, Daughter and Heir to William Lord Willoughby, was summon'd to Parliament by the Title of Lord Willoughby, in 33, 38 Hen. 6, and in 1, 2, 6 Edw. 4. Sir John Bourchier Knight of the Garter (fourth Son to William Earl of Ewe) having married Margery the Daughter and Heir to Richard Lord Berners, was summon'd to Parliament by the Title of Lord Berners, in 33 and 38 Hen. 6. As also in 1, 2, 6, 9, 12 Edw. 4 and in 11, 12 Hen. 7. William Nevill, a younger Son to Raphe Earl of Westmorland, having married Joane the Daughter and Heir of Sir Thomas Fauconberge Knight, Son and Heir of Walter Lord Fauconberge, was summon'd to Parliament by the Title of Lord Fauconberge, in 33 and 38 Hen. 6 and I Edw. 4. Sir Roger Fenys Knight, having married Joane the sole Daughter and Heir to Thomas Lord Dacre, was by Letters Patents, bearing date the seventh of November in 37 Hen. 6 accepted and declared Lord Dacre, and to be a Baron of this Realm; and summon'd to Parliament by that Title in 38 Hen. 6 as also in 1, 2, 6, 9, 12, 22 Edw. 4. Humphrey Bourchier, third Son to Henry Bourchier the first Earl of Ewe of that Family; having married Joane the Daughter and Heir of Richard Stanhope, Niece and Co-heir to Raphe Lord Cromwell of Tatshall, had Summons to Parliament by the Title of Lord Cromwell, in 1, 2, 6, and 9 Edw. 4. Anthony Widvill, Son and Heir to Richard Earl Rivers, having married Elizabeth, Daughter and Heir to Thomas Lord Scales of Nucells, was thereupon declared Lord Scales; and afterwards had Summons to Parliament by the Title of Lord Scales, in 2 and 6 Edw. 4. Walter Devereux, having married Anne, sole Daughter and Heir to William Lord Ferrers of Chartley, was summon'd to Parliament by the Title of Lord Ferrers of Chartley, in 2, 6, 9, 12 and 22 Edw. 4 and in 1 Ric. 3. William Lovel, a younger Son to William Lord Lovel of Tichmersh, having married Alianore, the Daughter and Heir of Robert Lord Morley, was summon'd to Parliament by the Title of Lord Morley, in 9 Edw. 4, and 49 Hen. 6. Richard Hastings, having married Joane the Daughter and Heir of Robert Lord Welles, was summon'd to Parliament by the Title of Lord Welles, in 22 Edw. 4. Edward, Son and Heir to William Lord Hastings (Lord Chamberlain to King Edward the Fourth), having married Mary the sole Daughter and Heir of Thomas Lord Hungerford, was summoned to Parliament by the Title of Lord Hungerford, in 22 Edw. 4, 1 Ric. 3, and 3, 7, II, 12 Hen. 7. George, Son and Heir to Thomas Stanley Earl of Derby, having married Joane the Daughter and Heir to John Lord Strange of Knockin, had Summons to Parliament by the Title of Lord Strange, in 22 Edw. 4, 1 Ric. 3, and 3, 11, 12 Hen. 7. Edward Grey, second Son to Sir Edward Grey Knight and Lord Ferrers of Groby, having married Elizabeth the Sister and Heir to Thomas Talbot Viscount L'isle, was created Baron L'isle in 15 Edw. 4, and summon'd to Parliament by that Title in 22 Edw. 4. And afterwards, viz. in 1 Ric. 3 being created Viscount L'isle, was summon'd to Parliament by the same Title in 1 Ric. 3 and in 3, 7 Hen. 7. Charles Somerset, Natural Son to Henry Duke of Somerset, having married Elizabeth the sole Daughter and Heir to William Herbert Earl of Huntingdon, was summon'd to Parliament by the Title of Lord Herbert, in 1, 3 Hen. 8. The question whether, in former times, men were summoned to parliament in right of their wives has been debated by nearly every writer on the peerage. It is one of the many problems which have grown out of the establishment of the modern doctrine of barony by writ, whereby it is settled law that when a baron by writ dies leaving an only or sole surviving daughter, and no surviving issue of any other daughter, she inherits the barony and can transmit it to her issue. When she married did the barony pass to her husband? The law gave the husband the enjoyment of her inheritance while she lived; after her death, if there was issue capable of inheriting, even if such issue did not survive to inherit, his tenancy was extended for the term of his life by the "courtesy of England." Tenant by the curtesy of England is where a man taketh a wife seised in fee simple or in fee tail general, or seised as heir in tail especial, and hath issue by the same wife, male or female, born alive, albeit the issue after dieth or liveth, yet if the wife dies the husband shall hold the land during his life by the law of England, and he is called tenant by the curtesy of England, because this is used in no other realm, but in England only.(*) The purely legal question whether a barony by writ was an incorporeal hereditament of which a woman (being incapable of taking her (a) Coke on Littleton, 29a. |