Page:The Complete Peerage (Edition 1, Volume 8).djvu/125

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WESTMORLAND. 115 notwiihaUDding the aiUlnder of that dignity in I671.(*) He wm tum. to appear before the Court of Chivaliyy and, on 2 March 1605, prayed for further time to justify hia title. He m., firstly, Jane Martiones, Damb dr Colombb, of Hainault He m., soeondly, More 1580, Jane, da. of Richard Smtthb. He tras living I6d8,(^) but d.,* s.n.in.8.,(<') at Brussels, ab<int 1681; M.I. at East- ham, CO. E«ez, he beine there described as " L'rrd Latimer and Earl of IVetlmorlttwi, the 7th of that family who had enjoyed that title/) Adnion. 13 July 1646, as " Lord Latimer " [only], and aa ' late of St. Dutistans in the West, London, but deed, at Brussels." Hia widow (who was living at Ilford, eo. Kanez, 20 Oct. 1622), </. at Mile End about 1617, and was 6icr. at East- ham afiid. Will, in which she styles herself " Oowtteu of Wettnarland,'* pr. 20 April 1617. After his death, the title (which had. indeed, been granted d€ nopo in 1624 to another family), was, being under attaiiuUr, never assumed by any of the male descendauta of the 1st Earl, tho' such, even now (1897), exist (*) VII. 162 (. i. Sir Francis Fane, Ist s. and h. ap. of Marj, born Mary Nbtiu^(0 muo jure BABOffBas Lb Dbspbncbr (see that title), by Sir Thomas Fanb,(S) of Badsell, in Tudeley, oo. Kent, to whom, on hia {*) The judges, to whom the case had been referred hy James I., decided, in Michaelmas 1604, that the Earldom, "altho* within the statute de donii eon- ditiontUibttt, waa forfeited [for high treason] by a oooditiou in law tneite annexed to the estate of dignity." [(>ricue, p. 108.] See also Collina's PrecedenU, &&» p. 187. Courthope remarks tliut "it was decided againat him, on the ground that the attainder had caused all tha honoura possessed by the sairl Charlni to be forfeited to the Crown as an estate of inheritance. A copy of Edmund Nevill*a claim, which ia a curious document, may be found in Lanedowtte MSS. 254, p. 876, and Surtees' Durkavi, vol. iv, 164." (^) Wadaworth, in his *' KngliMh S/muieh Pilgrim,** printed in 1630, speaking of the Englirth refugees in Flanders, says, " There is one N evil I who stvles himself Earl of Westmorland, but hia li^irldom many times will scarce furnbh him with a tlinner, and were it not for his second wife (this NevilVs first wife is yet living in Ijondon) who pinyeth the she physician in the Archduchess' Court, he might be put oftimes to narrower shifts, notwitlistindiug his 100 crowns pension a month." (0) He appears to have had two sons, each named Ralph, and 5 daughters, all of whom, apparently, died young, save one da., Dorothy, who m. Arthur Hill, and who, as " Ijady Dorothy Hill nliat Nevill,'* consented, 13 July 1646, to the admon. of her father b^inggraiite<l to Tliomas Fcrrour, "of kin to the deed ," and who waa executrix, 20 April 1647, to the will of her mother. (<*) See Lysons's Eneirom of Lffndon (edit. 1796), where the verses on his monument are quoted. (*) The Marquess of Abergavenny is now (1897) not improbably the heir male of the body of the 1st Earl of Westmorland, in which caae he would be entitled, if the attainder of 1571 was reversed, to an Earldom some 50 years more ancient than that of Shrewsbury, which (save the anomaloua Earldom of Arundel) at present heads the list. There was, however, ia4iie male existing, probably hnig after the 17th eentutj, from O(*orge Nevill, er. Lonl lAtimer in 1432 (the 5th son of the Lit Earl), and this and other linen won hi h:tve to lio firat provwl to lie extinct. See vol. v. p. 26, note **g *' «tc6. '* Ijatiwer." and tabular |tcdigree on p. 114, note '* a.*' (0 She Wjis the great-great-grandaughter and heir genwral of Ehvard Nevill, Lord Abei^avenny, one of the numerous younger sons of Italph (Nevill), 1st Earl of West- morland. See tabular pedigrees on p. 114, note "a,*' and in vol. i, p. 25, tub '* Abergavenny." (<) An interesting article [Qenealo'fiH, N.3., vol. xiii, pp. 81-86], by W. V. R, Pane, entitled " Fane or Vane Pedigree^"* shews that thin Thomas was second cousin to Henry Fane, of Hadlow, oo. Kent (c/. 1597), ancestf>r of the Barons Birnard,both being great grandsons of John Fane, of Tunbridge (d. 1488), whose father, *' Henry a Vane" eic], also of Tunbridge (if. 1456), appears to be the first proved ancestor of the race. The long line of Welnh descent, as given in the VitUation of Kent, appears to be baseless. r