New-York tribune., 1909-07-16

claim OF William Courtenay to the earldom of
Devon. When Colonel scrope's petition came be-
fore the Committee Of Privileges of the House of
Lords and before the principal law officers Of the
Crown il rejected on the ground that the
Latin phraseology Of the patent liable under any
circumstances 10 different constructions could not
be held 10 cover collateral descent it would be
thereby creating new form of inheritance and
succession 10 peerages; that the craftsman who
had drawn up the letters patent had. at the best,
erred in using the words 'et heredibus suis mas
Culis in perpetuum," and that neither the Crown
the government could be bound by the mistake
OF a clerk
When Colonel Scrope's lawyers cited asa prece-
dent the case Of William Courtenay, who had sue
oessfully based his claim to the earldom of Devon
identically the same phraseology, it was replied
that the time when the Courtenay petition
presented the Committee of Privileges of the House
OF Lords allowed themselves TO be wrongly advised
by their presiding officer, Lord Brougham then
Lord High Chancellor. who knew absolutely moth
ing about peerage law, and by the Attorney Gen
eral Sir Thomas Denman who knew still less
The Crown. II is true had on the recommendation
Of the Committee Of Privileges and of Lord Broug
ham revived the earldom of Devon in favor Of
William Courtenay. and the peerage thus revived
could not be revoked But a mistake had been
made as Lord Brougham himself afterward
fessed. and therefore the could not constitute
precedent
LORD Br0uChanl at TNe same time Nnell ne NlEIu-
ally got William Courenay into the House Of Lords
as Earl Of Devon by an error of law, almost secured
the Earldom of Annandale for Colonel Hope John
ston under Identical circumstances, and had actu-
allv gone so far a TO congratulate Mrs Hope John
ston on becoming Countess Of Annandale when the
fact in error was called TO his attention
by Lord Chief Justice Tenterden-
Colonel Scrope is succeeded In the possession of
his extensive estates by his brother Gervase, and
with a name SO historic and descent SO ancient
y-f-H rb1 n
Whites or with any other nobary title. For We
read in history of Sir Henry le Scrope as Lord
Chief Justice in the reign OF King Henry III. and
OF his nephew Richard being ted Lord Scrope OF
Bolton in 1871. Ten years later came the Cele-
brared controversy Of Lord Scrope with Sir Richard
Crosvenor concerning the right 10 certain armoTial
bearings which decided in favor of Lord
Scrope the testimony going to show that even in
those davs the Scropes We're accounted one OF the
most ancient Of English families As a result ot
this controversy the Grosvenors received new arms
from the crown the azure a garb or" which are
rov- the arms Of the Duke Of Westminster. The
name Of the celebrated racehorse Bend Or IS an
echo OF this controversy.
: Lord Scrope OF Bolton figured at the battle Of
F1odden Field as shown in the ancient ballad Of
that memorable conflict. and other Scropes distn-
gJ1ished themselves the battle of Crecy. at the
Siege Of Calais at the taking Of Edinburgh and at
that battle Of Shrewsbury where Hotspur met his
death. Archbishop Scrope Of York was beheaded at
York in the sight Of his Minister on whit MONDAY
1905 The eleventh Lord Scrope had Mary Queen
Of Scots in his custody at Bolton Castle for over
year durna, the reign of Queen Elizabeth In fact
there Is no end the appearances in the pages OF
English history Of this ScrOpe family. which fur-
rished 10 the nation five archbishops two LORD
High Chancellors and dozen knights Of the Car
ter To-day il is untitled. But not the less dis
tingushed less blue blooded less considered be
cause there IS no longer anv handle its ilustrous
patronvnic MARQUISE DE FONTENOY.