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Gentleman's Magazine 1830 part 1 p.500
abroad at an advanced age, without issue male.
In the second year of the reign of James the First, Edmond
Nevill (whose name is recorded on the monument
above-menntioned) the lineal descendant of George Nevill,
fifth son of Ralph, first Earl of Westmoreland, who was
created to that dignity by letters patent in 1397, and next
heir male of Charles the last Earl, having assumed the title
of Earl of Westmoreland, notwithstanding the attainder, was
summoned to appear at Witehall, before the Lords
Commissioners for executing the office of Earl Marshall,
which he answered on the 3d of March, 1605, by his attorney,
who prayed for time. It appears that the case was
afterwards, by the command of the king, propounded to the
judges, who decided against the claim, on the ground that
the attainder had caused all the honours to be forfeited to
the Crown as an estate of inheritance.* To the
untoward circumstances attending his suit, he may be
supposed to allude, in the following rhyming epitaph on his
tomb:
"From princely, and from honourable blood,
By true succession was my high descent;
Malignant crosses oft opposed my good,
And adverse chance my state did circumvent."†
Edmond Nevill, although entitled to the Earldom of
Westmoreland (barring the attainder), as representative of
the eldest male line of his family, the assumption by him of
the title of Latimer was surely erroneous, the ancient
Baronies of Latimer having long before passed by females
into other families according to the law of descent of
Baronies in fee, by which the females of each generation are
preferred to the males of the preceeding generation. The
Barony of Latimer, constituted by writ of summons of the
28th Edw. I. 1299, though it has not been taken out, is
vested in the present Lord Willoughby de Broke, by the
marriage of his ancestor, Sir Thomas Willoughby, with the
sister and sole heir of John Nevill, the fifth Baron, who
died in 1430.
The Barony of Latimer, by writ of the 10th of Henry VI.
1430, upon the death of John Nevill, fourth Baron, in 1577
(who was great-great-grandson of George Nevill, first Baron,
fifth son of Ralph, first Earl of Westmorland, from whom
Edmond Nevill deduced his descent), fell into abeyance
between his four daughters; and the present Duke of
Northumberland, by the marriage of his ancestor, Henry
Percy, eighth Earl of Northumberland, with Katharine Nevill,
is the representative of the eldest of the four coheirs of
that honour. It would appear rather that Edmond Nevill
should have styled
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* A copy of Edmond Nevill's claim, which is a curious
document, may be found in the Lansdowne MSS. 254, p.376. See
Mr. Nicolas's Synopsis of the Peerage of England, a work of
great labour and research, and one of the most valuable
"Helps to History" which has appeared for many years. May I
venture to hope that Mr. Nicolas will undertake a similar
elucidation of the Peerage of Scotland and Ireland. (The
latter, we have some time since announced, is promised by
the best authority, Sir William Betham, the present Ulster
King at Arms. - EDIT.)
† Edmoond Nevill might, probably, feel the disallowal
of his ancestral honours the more acutely, from the
circumstance of the Earldom of Northumberland being vested,
in his day, in the family of Percy, notwithstanding the
attainder in 1571 of Thomas Percy, Earl of Northumberland,
on account of his participation with Charles Nevill, Earl of
Westmoreland, in the rebellion against Queen Elizabeth,
mentioned above. The Earldom of Northumberland and other
dignoities, were by Letters Patent conferred (the ancient
Earldom was under forfeiture) on Thomas Percy, in 1577, and
in default of heirs male, with remainder to his brother
Henry, and the heirs male of his body. The said Thomas Earl
of Northumberland, was attainted of high treason in 1571,
and had he left issue male, so long as such issue male
existed, these dignities would have been forfeited; but on
the extinction of the issue male of his body, the remainder
would immediately take effect; as, however, he died without
issue male, the dignities instantly devolved on his brother,
in consequence of the limitations of the Patent. (Vide
Nicolas.)
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