DE MAULEY. 57 DE MAULEY OF CAN FORD. Barony. jr. The Hon. William-Francis-Spencer Poxsonbv, of L 1838. Cauford House, Dorset, 3d S. of Frederick (Ponsonuy), 3d Earl of Bessdorouuh [I]., by Henrietta-Frances, da. of John (Spencer), 1st Earl Spencer, b. 31 July 1/87, in Cavendish Square, and bap. 31 Aug. at St. Maryleboue, Middx., M.P. for Poole, 1820-31, for Knaresborotigh 1832 and Dysert, co. Westmeath, and d. 7 Oct. 1750 leaving issue Lavallau Nugent, of Dysert and Tullaughaui, her s. and h., b. 1722. The following claims were made to this Barony. (1) In 1790 this Lavallau Nugent petitioned the Crown for a writ of summons as Baron of Delvin [I.], of which Barony he alleged himself coheir [i.e. heir to a moiety]. He d. uum. very shortly afterwards. (2) In 1800 his next br, and h., John Nugent, Lieut. Gov. of Tortola and the Virgin Island, made a like petition. This, after reference, was reported ou, 3 Nov. 1S00, by the chief Law Officers [I.J, who were of opinion "that John Fitz John sat and voted in Pari, in 46° Ed. Ill, in pursuance of the said writ of summons, as Baron of Delvin, and thereby became and was seize,/ in fee of the said Barony." They then allude to Thomas Fitz John, who appears as sum. to the Pari, of 137-1, 1377, 8 and 1380 as to which they say "the presumption is that John was sue. by Thomas, although Thomas is not in any of them [i.e. the writs] called Baron of Delvin"; while as to the pedigree they rely on a MS. in Dublin College which states that "In 7 Kic. II, John Fitz John was Baron of Delvin ; that he was sue. by John [not by Thomas as in the writs of summons] Fitz John, Baron of Delvin, his son, who dying s.p., Catharine his sister and h. sue. to the Barony — that she m. William Nugent, Knt, s. of Nicholas (sic.) Nugent of Balrath, that their s. Kichard, Baron of Delvin, m. Catharine fas." On the strength of this evidence (! !) they remark, " We humbly conceive therefore that it is scthciently PROVED that the first Earl of Westmeath was seized in fee simple of the Barony of Delvin, FROM THE OLD M.S." These points being disposed of, they summed up "that the said Barony of Delvin 1*1 an ancient Barony in fee and has already been inherited as such by a female ; that the said Barony is now in abeyauce between petitioner as the sole h. of Lady Catharine Nugent afsd. and the coheiresses of Lady Mary Nugent." The names of the learned gentlemen who made this report were John Toler, Attorney Gen. (afterwards Earl of Norbury [I.]), John Stewart, Solicitor Gen. [I.j, and Sir George Daly, Prince Sergeant [I.] (3) In 1814 a like petition was made by Andrew Nugent, formerly Savage, of Portaferry, co. Down, s. aud h. of Patrick Savage of the same, who was s. and h, of Andrew Savage, also of the same, by Margaret,* eldest of the two sisters (whose issue became, coheirs) of John Nugent the last petitioner, who as well as his 3 brothers Lavallan (above named), Patrick and Anthony had d. ap. After reference, the chief Law Officers [I.] (viz., the Attorney Geu., William Saurin, and the Solicitor Gen., Charles Bushe) reported thereon in 1814, that they find a writ of summons, 40 Ed. Ill, to one John Fitz John " by the name, style and title of John Fitz John, Baron Dc Delvyn," and that he left an only da. and h. Katharine wife of William Nugeut " as appears by the pica roll of 14 Hie. II (1391) in which they are respectively styled William Nur/cnt, Baro de Deleyn, and Kalina uj;'or ejus filia el /teres John 'n's Fitz John, Baron' de JJclvyn ; that the said William, Baron of Delvin, was sue. by his son ltichard Nugent, styled in the patent roll of 7 Hen. IV (1406) Ilic'us fit ll'illi' Nugent fil el hcres' Kat'inc Fitz John " [no allusion being therein made to his then being Baron of Delvin, his father probably being living] but [after his father's death] styled in the plea roll 20 Hen. VI (1442) Mats Nugent miles, Baro de Dchyn, &c." They accordingly state their opinion " that a Barony in fee has been fully proved to have existed in the person of Thomas, 4th Earl of Westmeath and Baron of Delvin and that_ Petitioner has proved himself to bo one of the coheirs of the said Earl Thomas. The evidence relied upon in this report is unquestionably superior to that in the preceding one, yet it is hardly sufficient of itself to prove that John Fitz John possessed a hereditary parliamentary peerage, aud still less that such peerage was, or could be. transmitted thro' his daughter. See also sub "Duusauy," in note to 13th Baron, circa fincni.
- Barbara, the other sister, was mother of Hugh O'Keilly, cr. a Bart. [I]. 1795, who,
on the death of his maternal uncle, John Nugent above named, assumed the surname uf Nugent.
