those who were friendly to the King and his government, he sent
thither the heads of Scrope, Busby, and Grene, in a basket, with a
letter, in which he said--"I beg of you to let me know if you will be
on my side or not, and I care not which, for I have people enough to
fight all the world for one day. But take in good part the present I
have sent you," etc. This produced the effect he wished for, as the
Londoners at once espoused his cause. The King was soon after
captured, sent to Pontefract Castle, and there murdered, after a
formal deposition; and Henry, with the consent of Parliament, assumed
the crown. He called a Parliament together, who, in the first year of
his reign, passed an Act of Attainder and Confiscation against the
Earl of Wiltes and other of Richard's friends; and it was assumed that
the earldom thus became extinct, although legally it only became
dormant, and presents one of the most curiously complicated and
interesting cases that ever came before the Court of Heralds or the
House of Lords, paralleled only, perhaps, in interest by the famous
Scrope-Grosvenor heraldic dispute, between Sir Richard Scrope, the
Earl's father, and Sir Robert Grosvenor, as to the right to bear
"azure a bend or" on their shields of arms, in which 400 witnesses of
the highest rank appeared in evidence.
The patent of the Earldom was thus made out:--"We, considering the
probity, the wise and provident circumspection, and the
illustriousness of manners and birth of our beloved and trusty William
le Scrope, Chevalier, and willing deservedly to exalt him by the
prerogative of honour, do create him in Parliament to be Earl of
Wiltes; and do invest him with the style, name, and honour of the
place aforesaid, by the girding of the sword, to have to him and his
heirs-male for ever. And in order that the Earl and his heirs
aforesaid, for the decency of so great a name and honour, may be the
better and the more honourably able to support the burdens incumbent
on the same, of our special grace we have given and granted, and by
this charter confirm, to the Earl and his heirs aforesaid, £20 to be
received every year out of the issues of the county of Wilton, by the
hands of the sheriff of the county for ever." The patent was made out
in this way, with remainder to his heirs-male, because, although
married, he had no issue by whom it might descend lineally, and it
would thus pass downward in the family through his collateral heirs,
his brothers or their children. In 1859, Simon Thomas Scrope, of
Danby, claimed the dormant Earldom, as heir-general of the grantee, on
the ground that the attainder was invalid, and the case occupied the
consideration of the House of Lords for ten years. In the first place,
the question arose whether by "heirs-general," collateral descendants
were meant, which was decided in the affirmative, and the claimant
then proved to the satisfaction of the House that he was the
heir-general.
Public-domain text, read in full here on John Shaqi.
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