New-York tribune., 1906-12-14
NIKE WINS HIS CASE.
Lard Moicbray's Claim to Edldom
of Norfolk Defeated.

Nlen y -s1's MAJ NJ Ne e'lN4 "a "a iS''S
0' ,.,er controversy
81. c,r,-,ittee for Privileges consisted of Lord
rs--v and Lord Ashbourne. formerly Lords
r. r,bsnceHor: Lord Davey, Lord Justice Of
~ s,,rsrne Court; Lord James OF Hereford. for
~ Attorney General: Yfscount Knutsford, a
- Cabinet Minister: Lord Dunboyne Kings
-, snd until recently the Kings Remem-
- the committee being presided by the
- 0nsloN. This Committee for Privileges of
r1ouse of lords does not issue judgment
% -sturrs verdict, the strength OF which
20 ,,s-eirn As the Fountain OF all Honors"
~ ~, lis Anai decision. The Committee for Priv
IS considers all claims 10 peerages and doubt
- srooessions 10 the latter
-~e controversy between Lord Mowbray and the
-.,e of Norfolk based the formers at
-. n establish his right 10 the Earldom OF Nor
IN created IN favor OF Hugh de Bgod In lIs5
= -,as Roger de Bigod surrendered the Earldom OF
,-,-soIk 10 King Edward l. and in 1872 II was con-
80 nv King Edward II on his own haIf-brother
-q,,nas Of Brotherton. Lord Mowbray has firmly
.sblished his descent from this Thomas of Broth
-, But the Committee for Privileges has de-
,s.s that the surrender by Roger de Bigod Of his
r,-l6ou, CT Norfolk invalid, all the more as
=. bsa q Younger brother and other kinsmen living
= The time Consequently King Edward ITs
-s,t Of the EarIdom OF Norfolk ten years later 10
- hslfbrother. Thomas OF Brotherton could not
!. regarded as a revival OF the de Bigod Earldom
:, norfolk OF as valid. According to the Commit
.. for Privileges there is nothing whatsoever TO
.cr thst the de Bigod Earldom Of Norfolk may
- be claimed with success one of these davs bv
ans descendant Of that younger brother of that
Eorsr de Bigod who made surrender OF the dig
,+v "a the King IN 1902. The committee insists
-hst hy the law OF England peer can 'disowu
~ e1tinsuish his honor; that is TO say, sur
-.nser his dignity 10 the Crown. or transfer It
,r-ins his lifetime 10 another. No man can alien
s his hereditary title It belongs TO his posterity
!. UeU as 10 himself Moreover. the committee
hol5s that during the reigns OF the Plantagenet
Etuss earldouas we're not merely q nobiliary dig
,ry but likewise Office. the earl being the
Kings chief representative II the county the name
AZ which he bore. The earl was, in ancient par
,.,o, the count OF the county, and it was beyond
bs poEer OF tho monarch in those days 10 appoint
-uo counts or earls for one county, which the
osse when King Edward II appointed his half
hrother Thomas of Brotherton, Earl of Norfolk
while the younger brother OF Roger de Bigod Earl
Of Norfolk, still alive The long and short OF
n IS that while Lord Mowbray has, in the opinion
n the Committee for Privileges and OF the Crown,
c7nclusveIy proved his descent from Thomas Of
Protherton. that fact cannot be held TO endow
hin with the Brotherton Earldom OF Norfolk. |
zA!cl vas invalid ia the first place. and Lord
NgEbray has made no attempt prove his descent
rom tie de Bigod family. In whom the original
Esrldor1 AZ Norfolk alone is vested The Earldom
Of Nortolk held by The Duke OF Norfolk is OF a
mach later creation. having been granted by King
james II -5+t-
DEMAND FOR WAGER OF BATTLE.
During the course OF the proceedings before the
ruamittec for privileges many old laws and stat
res soma of them stiu unrepealed and others the
very existence Of which had been forgotten. |
cropped up and Lcrd Halsbury called the atten-
ti1n Of lis fellow members Of the committee and
n the counsel engaged in the to the urgent |
Iecsssity OF COdfying the laws Of the land work
upcn which this octogenarian peer IS now engaged.
Ia mentioned the curious fact that as late $ IN
fEe rvf nT RaDcI. presided by
l0rd EIIe1uo-ough Lord Chief Justice, was
obliged by statute Kermit claim for wager OF
battle 2 appeal charge OF murder In |
deed had not Parliament been fortunately sitting
tha time and had not d act repeating the old
laE Of the Middle Ages the subject OF wager OF
battle been rushed through both houses OF the
legislature Lord Euenbo-ough and other OF King
George HIS Judges would have been compelled by
law 10 preside over single combat between the
appellant and his antagonist.
MANY ANCESTORS BEHEADED
Hov complicated this Mowbray agt Norfolk
Ease has been may be gathered from the fact that
no only did the issues depend on legislation and |
relationships of six or seven hundred years ago, |
lW also that formerly the dukedom Of Norfolk
and the bzrony Of Mowbray were held by one and |
ne sane person. But n 1757 the last OF the Dukes
9, Nor;oIl who were also Lor6s Of Mowbray. died
without issue whsreupon the dukedom went to his
cousin, Charles Howard, while the baronies Of |
AoEhrav and q Seagrave fell into abeyance, from
when th-v were revived fn the person OF the
iEeureth Lord StoUiton, father OF the present
peer, who ts -wenty-first Lord StoUrton, twenty
tAird Lord Mowbray and twenty fourth Lord Sea-
grave. TIE bar0ny Of Mowbray dates from 1898, |
ths bsrony OF Seagrave from 1888 and the barony
o. stourtoa from l44s Lord Mowbray claims 10
e the premier baron Of England. which is con-
tested ny Lord de Ros, who figures IN Burke's
'PeeEsge a. such.
L is doubtful whether there is any member Of
he British peerage who has had so many Of his
ancestors meet death On the scaffold as Lord
Ao|hray. VINO traces his descent IN the direct
male line from Botolph Stourt0n, who married
LADY Anne. daughter of he famous Earl Goodwin.
q the tme OF King Edward the Confessor- Indeed |
.NFo Noworay IS the twenty ninth IN direct line |
" male succession from Botolph Stourton and
lazy Anne Goodwin Thus. the eighth Lord stoUr- !
1911 was hanged with 4 silkeE halter for murder in
z and for many years the sikeu halter in ques-
loh hung above his beautiful tomb in Salisbury |
1Staedrs precisely the huge red tasselled mats
T" cardinals suspended abOve the tombs OF those
princes of the Church. The second Lord Aowb-sy |
vas beheaded at York for rebellion, without trial |
he seventh Lord Mowbray was hanged, drawn and |
S~sfiered for taking leading part IL The insur-
,.rlons against the crown The fourteenth Lord !
'-oEnfay vas sent 10 the scaffold for unlawfully
'-artering his shield the arms Of King Ed
"sfc the CoIfessoT. and another Lord Mowbray, |
sAo was likewise Duke Of Norfolk, died IN the |
Tower or LONDON under sentence Of decapitation, |
.lT having been convicted Of high treason, the
afsr consisting in his chivalrous sympathy for |
Mary Queen G., Scots
A4erton Psra. the country seat Of Lord Now
.sy near KnaresboroUgh in Yorkshire was once |
liAous IS the ThornviIIe Royal Of the well known
sporting Colonel Thornton, whose wife used TO ride
,eoes dressed as a Jockey. and who kept the whole
norh Country talking by his e1travasanee |
oed by the latter he sold the place early In The
s century 20 the grandfather OF the present Lord
EoWoray
OFFICE or EARL MARSHAL
See II has haen stated that the dignity Of carl |