Page:The English Reports v1 1900.pdf/867
Upon the 11th of July 1661, it was ordered, that the counsel of the Earl of Oxford should assign the errors insisted upon in the former proceedings in the House, concerning the office of the Great Chamberlain of England, and deliver the same in writing to the House, upon the 15th of July then next; but it does not appear that any such errors were assigned, or that any further proceedings were had upon the Earl of Oxford's petition.
In consequence of the resolution of the House of Peers in 1626, and from that time to the decease of Robert, late Duke of Ancaster and Kesteven, in the month of July 1780, a period of above 100 years, this high office had been enjoyed without any interruption by Robert Lord Willoughby and his descendants, in a lineal succession, from father to son. For upon the decease of Robert Lord Willoughby, (who was created Earl of Lindsey, in the second year of King Charles the First, and killed at the battle of Edge-Hill, on the 23d of October 1642), he was succeeded in all his titles and honours by his eldest son Mountagu, the second Earl of Lindsey, who was summoned to Parliament in his father's life-time, in the fifteenth year of King Charles the First, and continuing firmly attached to the King, had not, during the remainder of his unfortunate reign, and the subsequent interregnum, any opportunity of exercising this office; but at the restoration of King Charles the Second, the said Mountagu, Earl of Lindsey, exhibited his claim to this great hereditary office, and upon his Majesty's coronation was admitted to the exercise thereof, and continued to enjoy the same until his decease in July 1666.
Upon the death of Earl Mountagu, all his titles and honours, and amongst others, this hereditary office descended upon and [148] were enjoyed by his eldest son Robert, the third Earl of Lindsey, until the month of May 1701, when he died, leaving Robert, the fourth Earl of Lindsey, his eldest son and heir; who, in his father's life-time in April 1690, had been summoned to, and sat in parliament as Lord Willoughby of Eresby; and on his father's death succeeded to the Earldom of Lindsey, and the hereditary office of Lord Great Chamberlain of England; and was afterwards, in 1706, created Marquis of Lindsey, and in 1715, Duke of Ancaster and Kesteven; and continued in the enjoyment of this office until his decease in July 1723; when all his titles and honours descended upon his eldest son Peregrine, the second Duke of Ancaster and Kesteven, who was likewise in the life-time of his father, when Marquis of Lindsey, summoned to parliament in the month of March 1714, as Lord Willoughby of Eresby, and after his father's death continued in the exercise and enjoyment of this hereditary office until January 1741, when he died. Upon his death his eldest son Peregrine, the third Duke of Ancaster and Kesteven, aucceeded to the Dukedom, and all the other titles and honours that his ancestors had been in possession of, and among others, to this office, which he exercised and enjoyed until the 12th of August 1778, when he died, leaving Robert, the late Duke of Ancaster and Kesteven, his only son, who thereupon inherited and succeeded to all the titles and honours that Duke Peregrine died seised of, and amongst others, to the hereditary office of Lord Great Chamberlain of England, which he exercised and continued seised of, until the time of his decease.
In February 1779, Mr. Burrell and Lady Priscilla Barbara Elizabeth Bertie, his present wife, were married; and upon the 8th of July following, Duke Robert died unmarried, and without issue, leaving Lady Priscilla Barbara Elizabeth, and Lady Georgina Charlotte Bertie, his sisters and co-heirs; after which his Majesty was graciously pleased, by his letters patent, to confirm the barony of Willoughby of Eresby, which was in abeyance, to Lady Priscilla Barbara Elizabeth; and upon the event of the late Duke Robert's death, it was contended, that the hereditary office of Lord Great Chamberlain of England descended upon the Lady Willoughby of Eresby, as the eldest co-heir of the person who last died seised thereof; and that Mr. Burrell, in her right, and as her husband, was entitled to execute this office; or if there was any ground to say that this office had descended to both the sisters of Duke Robert, still it was contended, that the right to exercise this office belonged to Mr. Burrell, as the husband of the eldest of those sisters; and in support of this claim it was insisted, that the office of Lord Great Chamberlain of England is an hereditary office in gross, held in grand serjeanty; and in the case of co-heirs, when the eldest happens to be a feme covert, descends upon the eldest, and is to be executed by her husband; and that this is perfectly agreeable to, and warranted by, the usage in all
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