Page:The Complete Peerage Ed 1 Vol 1.djvu/281

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BASSET. 259 belonging to her brother) which, how over, was resumed by Henry TV. She d. 8 Nov. 1408 Mttl Ml bur. in the Abbey of Lavendon, near Oluey, Bucks. Will flat 27 .March 1402 at Cheshunt, Bucksf*); BASBET(«) DE SAPCOTE. Barony by 1. Ralph Basset of Sapcote, co. Leicester, .=. ami h. of ■nr r :t Ralph B. of the same, was (on the same ilay as his cousin Lord Basset tie Drayton) sum. to Pari, as a Baron (L.OB.D BASSET DE 6APC0TE), L I2d4.(") 24 Dec. (1264), 49 Hen. Ill, the writ being directed to him as "Badulphus Basset do Sapcote." He (like his said cousin) took part with the Barons against the King. He in. about (12315 10 Hen. Ill, Millieent, da. jibiI coheir of Robert deXhaucumue. He d. about 1232. II. 12821 SiMOs (Basset), Loud Basset de Saplote, s. and li. but mw sun), to Pari. On S Jvno (1234), 22 I'M. I, lie, with about sixty others, w;is aura, to attend the King whensoever he should be. ( c ) and, shortly afterwards, was sum. to accompany him with horse and arms to Gascoiiy. illegitimate, and hence that any pretensions derived from her must be totally groundless. ' "An instrument has thus been allowed to issue under the Groat Seal, in which thru baronies are recognised to be vested in an individual, to neither of which he was hj'illi/ entitled ; and, what is no less extraordinary, one of the said dignities has never existed since the reign of Edward I, and another was at that moment entirely vested in other persons ! "The precise ellect of these dignities having been thus attributed to the Earl of Leicester, is a point of some difficulty, so much so, that the Editor [CourthopeJ will nut presume to pronounce a decisive opinion ; he does not, however, consider that a mis- nomer in the preamble of a patent creating a certain dignity can have the efl'ect cither of adding to or diminishing the dignity directly intended to be created : Lovaine had never existed as a descendible dignity, ami could not be recognized, and if it could even be argued that it was created by this patent, there are no words of inheritance, rod consequently would enure only to the grantee for life. An early instance of the same description ocenrs in the creation of the Earl of Kent, in 1465, where in his description he is styled Lord of Hastings, Waist'ord, and Buthyn ; according to the decision uf the House of Lords in 1840, the Earl of Kent was not even a coheir of the Barony of Hastings, and even in lt!40, when the ' possessio fratvis ' was more relied upon, the opinion of the judges was unauimous against the claim of Mr. Longueville to the Barony of Hastings, although deduced through the individual in whose person the Barony had been thus indirectly recognized." 00 " Test. Yet.," p. 157. W Seep. 256, uote "a." ( b ) See p. 257, note " b." (°) Tho astute observations of Sir N. Harris Nicolas (made in 1888) on tin's writ (which are reproduced in " Courthope," p. 117, under the heading of " Clyvedon ") are as follows : — Ueoix.m.d de Clyvedon, with about sixty other persons, was sum. 8 June, 22 EttW. I (1294), to attend the King, wherever he might be, to advise on the atl'airs of the Realm, but there is very considerable doubt if that writ can be considered ns a regular writ of summons to Pari., as none of the higher tempoial nobility nor any of the spiritual peers were included in it ; nor was there any day fixed for the meeting. It is also to be observed that the writ in question is the earliest on record, excepting that of [1261] 49 Hen. Ill, that the majority of the persons summoned in [1294] 22 lidw. I were never again summoned excepting in [1296-7] 25 Ed. 1,* that several of

  • As to the validity of this writ of 1297 as a regular writ of summons to Pari, (such

as would originate a Peerage), see p. Ill, note "b," under "Ap-Adam."