- . ¦ ' . " ¦

l^XETVES^S

YALE
UNIVERSITY LIBRARY

To

INGrs iaoff Excellent
MAJESTY.

May it p/eafe your MAJESTT,
IN Obedience to your Majesty'* Commands, fignified to me by his Grace the
Duke of Newcaffle, your Majesty'* principal Secretary of State, referring to
me the Confideration of the inclofed Petition of Sir Edward Seymour, Bar*.
claiming the Barony of Seymour and Dukedom of Somerfet ; and of their Ex
cellencies the Lords Jujlices Commands, fignified to me afterwards by Mr. Aldisbrth,
referring to me the Confideration of the Petition of Berkeley Seymour, Efq; alfo claiming
the Barony of Seymour and Dukedom of Somerfet, which is herewith alio inclofed.
I have confider'd the faid Petitions, and have been attended by the Council and
Solicitors for each Petitioner-

Sir Edward Seymour'* Petition fets forth, that your Majesty'* Royal Pfedecefior,
King Edward the fixth, did, by his Letters-Patent bearing Date the 15th Day of
February, in the firft Year of his Reign, create Edward Seymour, then Earl of
Hertford, his Uncle on the Mother's- Side, Baron Seymour, giving and granting to
his aforefaid Uncle the Name, Stile and Title of Baron Seymour, to have, hold and
enjoy the faid Name of Baron Seymour, together with his other Dignities to his a-
forefaid Uncle, and to the Heirs-Male of his Body, and of Anne then his Wife, then
already begotten, and of the aforefaid Anne thereafter lawfully to be begotten, with
all Honours to the fame Barony appendant and annex'd ; and if it fhould happen
that the faid Earl fhould die without Heir-Male of his Body and of the faid Anne his
Wife, then already begotten or thereafter lawfully to be Begotten, his faid Majesty,
wiil'd and granted that from the Death of the fame Earl, he dying or deceafing
without Heir-Male of his Body and of Anne his then Wife, Edward Seymour, Efq j
the Petitioner's lineal Anceftor named in the faid Letters Patent by the Name of
Edward Seymour, Efq; Son of the faid Earl, of the. Body of Catherine, deceafed, the
"faid Earl's fit fl Wife; mould be Lord and Baron Seymour t and fhould bear, have, hold,
and enjoy to him the faid Edward Seymour, and to the Heirs-Male of th§ fame Edward,
lawfully iffuing, the Name, State, Title, and Honour of Baron Seymour, with all the
Honours to the fame Barony appendant and annex'd.
That his faid Majesty King Edward the /ixth, by other Letters-Patent bearing
Date the 16th Day of the fame Month of February, in the faid firft Year of his
Reign, did create and erecT: his faid Uncle Edward Seymour, then Earl of Hertford,
Duke of Somerfet, giving and granting to the faid Earl, the Name, Title, State, Stile,
Honour, Authority and Dignity of Duke, of Somerfet, and with that Title, State,
Stile, Honour, Authority and Dignity, and with the other Honours thereto belonging and
annex'd, and with the girding on a Sword, and putting on a Cap, and a Circle or
Coronet of Gold on his Head, and Delivery of a golden Rod, did inveft him to have,
and to hold the faid Name, Stile, State, Honour, Authority and Dignity of Duke
of Somerfet, to his Majesty'* faid Uncle, and to the Heirs-Male of his Body, and
of Anne, then his Wife, then already begotten, and of the faid Anne thereafter
lawfully" to be begotten, and if it fhould happen that the faid Duke fhould die without
Heir-Male of his Body, and of the aforefaid Anne then his Wife , begotten, or there
after lawfully, to -be begotten, his faid Majesty wiil'd and granted, that from the
Death of the fame Duke without Heir-Male of his Body, and of Anne then his
Wife, the faid Edward Seymour, Efq ; the Petitioners faid lineal Anceftor, therein
alfo defcribed by the Name of Edward Seymour, Efq ; Son of. the faid Duke, of the
Body of Catherine, deceafed, his firft Wife, fhould be Duke of Somerfet, and with that

xo
that Title, State, Stile, Honour, Authority and Dignity, and with the other Honours
thereto belonging and annex'd, and with the girding on a Sword, and with the
putting on a Cap, and a Circle or Coronet of Gold on his Head, and Delivery of a
golden Rod, fhould be inverted and fhould bear, have, hold and enjoy to him, the
aforefaid Edward Seymour, and to the Heirs-Male of the Body of him the faid
Edward lawfully iffuing, the Name, State, Title, Honour, Authority and Dignity
of Duke of Somerfet, with all the Honours to the fame Duke or Dukedom appendant
and annex'd, as by the faid fcveral Letters-Patent, under the great Seal of England,
tnay more fully appear.
That the faid Edward Seymour, Earl of Hertford, by Virtue of the Grants and
Limitations in the faid feveral Letters-Patent contain'd, and by the Form and true
Effect thereof, did accordingly become feized of, and did hold and enjoy the faid
feveral Honours, Titles and Dignities of Baron Seymour and Duke of Somerfet, for
tfuch Eftate of Inheritance as herein before is mention'd.
That afterwards, by an A6l of Parliament made in the 5th Year of the Reign of
his faid Majesty King Edward the Jixth, intitled, An A3 touching tbe Limitation
ofthe Poffefjions and Inheritances of the Duke of Somerfet, taking Notice therein that
the faid Duke, and five other Perfons therein named, for their feveral Felonies by
them committed and done, were feverally lawfully attainted of Felony, it was e-
na&ed that the faid Duke, and his Heirs, and his Heirs-Male, begotten upon the Body
ofthe faid Lady Anne forever, fhould, by the Authority thereof, lofc and forfeit to
the King'* Highnefs, his Heirs and Succeffors forever, and alfo be deprived from thence
forth forever, as well of the Names of Vifcount Beauchamp, Earl of Hertford, and
Duke of Somerfet, and every of them, as alfo of all and every other his and their Honour
or Honours, Degrees, Dignities, Eftates, Preeminencies and Stiles, by whatfoevef
Name or Names he the fame Duke had been call'd or created by any Letters-Patents,,
Writs, or otherwife.
That the faid Duke afterwards was executed, and at the Time of his Death left
Iffue, by the faid Catherine his firft Wife, John Seymour, his eldeft Son and Heir, and
the faid Edward Seymour the Petitioners lineal Anceftor, named in the laid Leters-
Patent, and by the faid Anne his fecond Wife, named in the faid Letters-Patent
he left Iffue one Son, named alfo Edward Seymour, the lineal Anceftor of Algernon
late Duke of Somerfet, herein after named.
That by an ASl of Parliament made in the twelfth Year ofthe Reign of King Charles
the fecond, intitled, An ASl for refloring the Marquis of Hertford to the Dukedom
of Somerfet, reciting in Part the faid Letters-Patent of the 16th Day of February, in
the firft Year of the Reign of his faid Majesty King Edward thefixth, and reciting the
faid ASl of Parliament of the fifth Year of King Edward the fixth, whereby the
Duke was deprived of his faid Dignities in Manner aforefaid, it was enadted that the
faid William, Marquis of Hertford, and the Heirs-Male of his Body, and the Heirs-
Male of the Body of the faid Edward, then late Duke of Somerfet, begotten on thft
Body of the faid Lady Anne, fhould be and were thereby reftored to the Honour
Dignity, Authority and Title of Duke of Somerfet, with all Privileges and Preeminences
thereto belonging, as fully, amply and honourably, as the faid Edward Duke, of Somerfet
did, or might at any time, hold or enjoy the fame, by Virtue ofthe faid Letters-Patent
and as fully and amply as if the faid AB had never been made. *
That by Virtue of the faid AB laft mention'd, he the faid WilUam Marauis of
Hertford, great Grandfon and Heir-Male of the Body of the faid Edward Duke of
Somerfet, on the Body of the faid Anne his Wife begotten, became fiezed of the faid
Honour and Dignity of Duke of Somerfet, and did hold and enjoy the fame to him and
the Heirs-Male of the Body ofthe faid Edward, Earl of Hertford, and the Body of the
laid

[3]
faid Lady Arme, his faid fecond Wife, begotten according to the Form of trie faid
Letters-Patent, and the Limitations therein contain'd, and he the faid William,
Marquis of Hertford, dy'd fiezed of the faid Honour, Title and Dignity of Duke of
Somerfet ; and after feveral fucceflive Dcfcents the lame Honour, Title and Dignity, by *
Virtue of the faid Grants and Limitations, defcended and came to the moft Noble
Algernon, late Duke of Somerfet, as Heir-Male ofthe Body ofthe faid Edward Seymour,
Earl of Hertford, and of Anne his fecond Wife, named in the faid Letters- Patent,
by Reafon whereof the faid Algernon, Duke of Somerfet, became fiezed to him and the
Heirs-Male of the Body of his faid Anceftor, the faid Edward Seymour, Earl of
Hertford, and of Anne his fecond Wife, in the faid Letters- Patent named, and he the
faid Algernon, Baron Seymour, Duke of Somerfet, being fo thereof feized, lately dy'd
without Iffue-Male of his Body, iffuing upon whofe Death the Honours, Titles and
Dignities of Baron Seymour and Duke of Somerfet came and ought to remain, by Virtue
of the feveral Grants and Limitations contain'd in the faid Letters- Patents refpectively,
and by the Form and true Effect thereof, to the Petitioner, as Heir of the Body of
the faid Edward Seymour, Efq; named in the faid feveral Letters-Patent, by Reafon
that the faid Edward Seymour, Earl of Hertford, named in the faid Letters-Patent,]
died without any Heir-Male of his Body, and of the Body of the faid Anne his Wife,
alfo named in the faid Letters-Patent. Wherefore and for as much as the Right to
the faid Honours, Titles and Dignities, hath by the Form and true Effect of the faid
Grants and Limitations, contain'd in the faid feveral Letters-Patent before-mention'd,
(which the Petitioner hath ready to produce) remain'd and came to the faid Petitioner,
who is Son and Heir of Sir Edward Seymour, Bar', who was Son and Heir of the
R*. Honble. Sir Edward Seymour, Bar'. Speaker of the Honb)e. Houfe (f Commons, and
one ofthe Privy-Council to their late Majesties King William the third, and Queen
Anne, and which laft mention'd Sir Edward Seymour, Bar', was Son and Heir of
Sir Edward Seymour, Bar', who was Son and Heir of Sir Edward Seymour, Bar', who
was Son and Heir of Sir Edward Seymour, Kn', who by Letters- Patent was created a
Bar*, by King James the firft, and who was Son and Heir of the faid Edward
Seymour, Efq ; named in the faid before-mention'd Letters- Patent.
Therefore the Petitioner moft humbly prays that your Majesty1
would be pleafed to declare the faid Honours, Degrees, Dignities,
Eftates, Preeminences and Stiles to belong to the Petitioner, as of
Right they "do j and that your Majesty would order a Writ of
Summons forthwith to pafs the great Seal to fummon the Petitioner
to Parliament, there to fit and enjoy the Place, Rank and Preemi
nences to the faid Honours and Dignities to him belonging as
aforefaid,
Mr. Berkeley Seymour'* Petition agrees in Subfhnce with the Petition of Sir Edward
Seymour, till the Death of Edward, the firft Duke of Somerfet; and then it fets forth,
that he left Iffue by Lady Anne, his fecond Wife, three Sons, to wit, Edward his firft
Son, Henry his fecond Son, and Edward, afterwards Sir Edward Seymour, his third
Son, and which Edward, the firft Son, was the lineal Anceftor of Algernon, late Duke
cf Somerfet therein after named, and the faid Henry, the fecond Son, was the lineal
Anceftor of tbe petitioner.
That by an Aft of Parliament made in the 12th Year of the Reign of his late
Majesty King Charles the fecond^ intitled, An AB for refloring the Marquifs of
Hertford to the Dukedom of Somerfet, reciting in part the faid Letters-Patent of the
16th Day of February, in the firft Year of the Reign of his faid Majesty King
Edward the fixth, and reciting the faid AB of Parliament of the fifth Year of King
Mdward the fixth, whereby the feid Duke was deprived of his faid Dignities in Manner
aforefaid,

[ + ]
aforefaid, it was enacted that the faid WiUiam, Marquifs of Hertford, and the Heirs-
Male of his Body, and the Heirs-Male ofthe Body of the faid Edward, then late Duke
of Somerfet, begotten on the Body of the faid Lady Anne, mould be and were thereby
reftored to the Honour, Dignity, Authority and Title of Duke of Somerfet, with all
Privileges and Preeminences thereto belonging, as fully, amply and honourably, as
the faid Edward, Duke of Somerfet, did, or might at any time, hold or enjoy the fame,
by Virtue ofthe faid Letters-Patent, and as fully and amply as if the laid former AB
had never been made.
That by Virtue of the faid laft mention'd AB, he the faid William, Marquis of
Hertford, great Grandfon and Heir-male of the Body of the faid Edward, Duke of
Somerfet, on the Body of the faid Lady Anne begotten, became fiezed of the faid
Honour and Dignity of Duke qf Somerfet, and did hold and enjoy the fame to him and
the Heirs-Male of the Body of the (aid Edward, Earl of Hertford, on the Body of
the faid Lady Anne his fecond Wife begotten, according to the Limitations contain'd
in the faid Letters-Patent, and died fiezed thereof, and by a Courfe of lineal Defcent
from the faid William, Marquis of Hertford, the faid Honour, Title and Dignity of
Duke of Somerfet, with all the Privileges and Preeminences thereto belonging, did by Virtue
ofthe faid Grants and Limitations, and AB of Parliament, defcend to the moft noble
Algernon, late Duke of Somerfet, as Heir- Male ofthe Body of the faid Edward Seymour, Earl
of Hertford, and of Anne his fecond Wife, named in the faid Letters-Patent, and the
laid Algernon, late Duke of Somerfet, became feized thereof to him and the Heirs-Male
of the Body of his faid Anceftor of the faid Edward Seymour, Earl of Hertford,
and of Anne his fecond Wife, in the faid Letters-Patent named.
That the faid Algernon, Baron Seymour and Duke of Somerfet, being fo feized as afore
faid, and being the only remaining Heir-Male of the Body of Edward Seymour, eldeftSon
of the faid Edward, firft Duke of Somerfet, by the faid Anne his fecond Wife, lately
departed this Life, without Iffue-Male of his Body, upon whofe Death the faid
Honours, Titles and Dignities of Baron Seymour and Duke of Somerfet defcended, and,
as the Petitioner is advifed, ought to remain, by Virtue of the faid feveral Grants and
Limitations contain'd in the faid Letters-Patent reflectively ('which the Petitioner hath
ready to produce) and the faid laft mention'd AB ef Parliament to the Petitioner as
Heir-Male of the Body of the faid Edward Seymour, created Duke of Somerfet by' the
before-mention'd Letters-Patents, and of Anne his faid fecond Wife. Wherefore as the
Right to tbe faid Honours, Titles and Dignities is now vefted in the faid Petitioner, who
is the Son and Heir of John Seymour, Doctor of Phyfick, deceafed, who was the Son
and Heir of John Seymour, late of Bitton in the County of Gloucefter, Efq ; who was
the Son and Heir of Thomas Seymour late of Bitton, aforefaid, who was the Son and
Heir of Sir John Seymour, late of Frampton Cotterell, who was the Son and Heir of
Sir Thomas Seymour, late of Frampton Cotterell, aforefaid, who was the Son and Heir
of John Seymour, late of Frampton Cotterell, Efq ; who was the Son and Heir of
Henry Seymour, fecond Son of the faid Edward, fo created Duke of Somerfet by the
faid recited Letters-Patents, by the faid Anne his fecond Wife. '
Tht Petitioner moft humbly prays that their E xcellencies would
be pleafed to declare the faid Honours, Degrees, Dignities, Eftates
Preeminences and Stiles to belong to the Petitioner, as of Right
they do, and that their Excellencies would order a Writ of Sum
mons to pafs the great Seal, to fummon the Petitioner to Parliament
there to fit and enjoy the Place, Rank and Preeminences to the faid
Honours and Dignities belonging as aforefaid. The

Irs
The Patents, under which they claim the Titles of Baron Seymour and Duke of
Somerfet, were produced to me, and are dated refpedively, the former the 1 5th of
February, in the firft Year of King Edward the fixth, the latter the 16th of the fame
Month and Year.
By the Firft your Majesty'* Royal Predecefibr, King Edward the fixth, granted
the Title of Baron Seymour to Edward, then Earl of Hertford, his Uncle on the
Mother's Side, and to the Heirs-Male of his Body, and of Anne his then Wife, with
Remainder to Edward Seymour, Efq ; his Son by Catherine his firft Wife, and to
the Heirs-Male of his Body.
By the fecond Patent his Majesty, King Edward* the fixth, granted the Title of
Duke of Somerfet to the fame Edward, Earl of Hertford, and the Heirs-Male of his
Body by the faid Anne his fecond Wife, with like Remainder to the faid Edward
Seymour, and the Heirs-Males of his Body.
Sir Edward Seymour claims both thefe Titles, as Heir-Male of the Body of the
faid Edward, who was the fecond Son of the faid Edward, hRDuke of Somerfet,
by his firft Wife, upon Suppofition that his Male Line by the fecond Wife is
extind. Berkeley Seymour claims the fame Titles, as Heir-Male of the Body of the firft
Duke through Henry, fecond Son of the faid Duke, by Anne his fecond Wife,
upon Suppofition that the Male Line of the Duke, through Edward his firft Son
by the fecond Wife, is extind.
And for the more clear Comprehenfion of the Pedigrees under which they re
fpedively claim, I have annex'd hereto Copies of the refpedive Pedigrees, by
which they make their Claims.
As to Sir Edward Seymour's Claim, there are three Things neceffary to be made
out, Viz.
T. That the Male Line of the firft Duke of Somerfet, by his fecond Wife, is
extind, II. That Sir Edward is himfelf the Heir-male of the Body of Edward, Son of
the firft Duke by his firft Wife.
III. That there is no Objedion atifing from the Attainder of the firft Duke of
Somerfet, in the fifth Year of King Edward the fixth for Felony.
In order to make out the firft, the following Evidence has been laid before
me. An original Patent, dated the 13th of January, in the firft Year of the Reign of
Queen Elizabeth, by which Edward, the firft Son ofthe firft Duke of 'Somerfet, by
Lady Anne his fecond Wife, was created Earl of Hertford, to him and the Heirs-
Males of his Body. B An

[tf ]
Art antient M of PedigFee fign'd by William Dethick, Garter King at Arms,
ahd William. Cambden, Clarencieux King at Arms, dated in the Year 1599, which
appears, by the Affidavit of James Roode, to have been lately taken out of a Study or
Room in the Petitioner Sir Edward Seymours Houfe, at Maiden Bradley, in the County
of Wilis, together vvith divers other Writings in the Schedule to the Affidavit
annexed. By this Roll, after bringing the Pedigree, for many Generations, from the Seymours
of Berry Pomeroy in the County of Devon, in a dired Line, down to the firft Duke
of Somerfet, it mentions two Branches of his Family, Edward Seymour, his Son by
Catherine the Daughter and one of the Coheireffes of Sir William Filol, his firft Wife,
and by Anne Stanhope his fecond Wife, fix Children, two Sons and four Daughters,
Edward-, Earl of Hertford his eldeft Son ; Henry, Lord Seymour his fecond Son ;
Anne, the Wife of John, Flarl of Warwick; Mary, the Wife of Andrew Rogers;
Elizabeth, Wife of Sir Richard Knightly ; and Catherine.
As to this Branch, the Roll of Pedigree carries it no further.
There was alfo laid before me an attefted Copy of an Inquifition.
After the Death of Edward, Earl of Hertford, who died upon the 6th Day of
April, 162 1, taken the 27th Day of September, in the fecond Year of the Reign of
King Charles thefirll, in this Inquifition eight different Settlements are recited to have
been made by the faid Edward, Earl of Hertford.
By the firft of thefe Settlements dated the 20th Day of May, in the forty-fourth
Year of the Reign of Queen Elizabeth, the Eftate was limited to the Ufe of himfelf
for Life, then of his Wife Frances for Life, then of the Heirs-Males of his Body by
her, Remainder to Edward Seymour, commonly catl'd Lord Beauchamp, his eldeft
Son, and the Heirs-Males of his Body, Remainder to Thomas Seymour his fecond Son,
and the Heirs-Males of his Body, Remainder to Henry Seymour, Efq ; commonly call'd
Lord Henry Seymour, Brother of the faid .Earl, and the Heirs-Males of his Body,
Remainder to Edward Seymour, of Berry -Pomeroy, in the County of Devon, Efq; and
the Heirs-Males of his Body, Remainder to Sir John Seymour, of Marwell, in the
County of Southampton, and the Heirs-Males of his Body, Remainder to the Heirs
of the Body of the Earl, Remainder to his own right Heirs.
The fecond Settlement, found in the Inquifition, is dated the ift Day of May, in the
feventh Year of the Reign of King James the jirfi, by which the Ui'es are limited after
his own and his Wife's Death, to his eldeft Son, Edward Seymour, call'd Lord
Beauchamp in Tail-Male, Remainder to himfelf in Tail-Male, Remainder to Edward
Seymour, of Berry Pomeroy in Tail- Male, Remainder to Sir John Seymour, of Mar'welf
Remainder to the Heirs of his own Body, Remainder to his own right Heirs.
The third Settlement is dated the faid ift Day of May, in the feventh of King
James the firft, by which on the Maniage of his Grandfon Edward, the Son of his
eldeft Son Lord Beauchamp, he made a Settlement on his faid Grandfon for Life
Remainder to Anne his intended Wife, for Life, Remainder to the Heirs- Males of the
Body of his faid Grandfon, Remainder to the Heirs-Males ofthe Body of his Son Lord
Beauchamp, Remainder to Edward Seymour, of Berry Pomeroy va. Tail-Male, Remainder
to Sir John Seymour of Marwell in Tail-Male, with Remainder to his own right
Heirs. The

[73
The Inquifition then finds that Lord Beauchamp died the 2 ift Day of July , in the tenth
Year of King James the firft, leaving threfe Sons, the faid Edward Seymour, then Efq ;
and -afterwards -Kit'. William Seymour, then Efq; and afterwards Kn1. . and at the
Time of the Inquifition, .Earl of Hertford, his fecond Son, and Francis Seymour, Efq;
at the Time ol taking the Inquifition, Kn'. his third Son.
The fourth Settlement is dated the ift Day of January, in the tenth Year of King
James the firft, by which the Earl of Hertford fettled an Eftate^ after his own and his Son
Francis's Death, upon the firft and other Sons of his Son Francis, afterwards Sir
Francis, Remainder to his Daughters in Tail-Male', with Remainder to the faid Edward
Seymour, then Sir Edward, Brother of the faid Sir Francis in Tail-Male, Remainder
to the right Heirs of the faid Sir Edward.
The four other Settlements are dated refpedively, the firft the ift Day of April, in
the eleventh Year of King James the firft, the fecond the 20th Day of January, in
the feme Year ; the third the 7th Day of January, in the fourteenth Year of King
James the firft, and the fourth the 10th Day of November, in the fifteenth Year of
the Reign of King James the firft, by all which the Ufes are limited to his three
feveral Grandfons, and their Iffue-Male only, excepting that in That of the 7th Day
of J.muary, in the fourteenth Year of King James the firfi, after the Limitations to
his three Grandfons, there is a Limitation to Edward t Seymour, of Berry Pomeroy,
The Inquifition then finds that the faid Sir Edward Seymour, the firft Son of Edward
Lord Beauchamp, died without Iffue the 20th Day of January, in the feventeenth Year
of King James the firfi, and that Sir William Seymour, his fecond Brother^ afterwards
Earl of Hertford, was his Brother and Heir, and that Edward, Earl of Hertford,
died the 6th Day of April, in the nineteenth Year of the Reign of King James
the firft.
There was alfo produced to me a Copy, verified by Affidavit, of an lnfcription on
the faid Earl Edward's Monument, in the Cathedral-Church of Sarum ; in which
he is mention'd to have died the 6th of April, 1621 ; being eighty-three Years old,
and to have had two Sons, Thomas who died before his Father without Iffue, and
Edward Lord Beauchamp, who dying, likewife before his Father, left three Sons,
Edward then dead, William then Earl of Hertford, and Sir Francis, and Honor his
only Daughter.
There was alfo laid before me, Letters-Patent, ofthe feventeenth of King Charles
the firft, by which, William, then Earl of Hertford, was created Marquifs of Hertford,
to him and the Heirs^Male of his Body.
There was alfo laid before me the following further Evidence ;
An attefted Copy of an AB of Parliament ofthe twelfth of King Charles the fecond,
by which, reciting the Patent of Creation of the firft Duke of Somerfet, An AB made.
in the Reigh of King Edward the fixth, confirming his Attainder for Felony, by which
he loft that Title, this AB reftores tile Title of Duke of Somerfet to William. Marquis
cf Hertford, being as is therein-mention'd Heir-Male ofthe Body ofthe firft Duke,
by Anne his Wife, and the Heirs-Males of his Body, and the Heirs-Males.
of the Body of the late Duke, on the Body of Anne his Wife. Attefted,

[8]
Attefted Copies of the Regiftef of the Burials of the faid Marquis of 'Hertford, then
Duke of Somerfet, on the ift of November, 1660 ; of another William, Duke of
Somerfet, the 20th of December, 167 1 ; of John, Duke of Somerfet, the 10th of June,
1675; of Francis, Duke of Somerfet, the 15th of OBober, 1678; of Charles, Duke of
Somerfet, the 14th Day of January, 1748 • and of Algernon, Duke of Somerfet, on the
24th Day of February, 1749-50.
Letters-Patent of the nineteenth of February, in the fixteenth of King Charles
the firfi, by which his Majesty created Sir Francis Seymour, Son oi Ed-ward, Lord
Beauchamp, who was the eldeft Son of Edward late Earl of Hertford, Baron Seymour
of Trowbridge, to hold to him and the Heirs-Males of his Body.
An attefted Copy of a prerogative Probate of the Will of the faid Lord Seymour of
Trowbridge, dated the 5th Day of September, 1662 ; by which Will, reciting that he
had agreed that if he would die without Iffue of his Body on his Wife Catherine, then
the Manor of lfie Abbots, &c. fhould remain to his own right Heirs, and then does,
according to his Power referved, bequeath his faid Lands to his Son Charles, and
makes him Executor without taking Notice of any other Child.
There was alfo produced three Copies of the Regifter at Frefijute in the County
of Wilts. One importing that Francis the Son, and Elizabeth the Daughter of Charles
Seymour, Efq ; and Elizabeth his Wife, are mention'd to have been twin-born the feven-
teenth Day of January, 1657; another importing that Charles, the Son of Charles
Seymour, Efq; and Elizabeth his Wife, was born the 13th Day of Auguft, and
baptized the 23d, 1662.
The third imported that Charles, Lord Seymour, Baron of Trowbridge, died the
25th of Augufi, 1665.
And thefe Entries were in part confirm'd by Entries in the Pocket-Book of the
late Duke Algernon, made with his own Hand, in which it is enter'd that Francis
Son of Charles Seymour, and Elizabeth his Wife, was born the 9th Day of May
1655 ;, and buried the 29th of January, 1656 ; that William, Son of Charles Seymour
Efq; and Elizabeth his Wife, was born the 26th Day oi January, 1656; that
Francis and Elizabeth Son and Daughter of Charles Seymour, Efq ; and Elizabeth
his Wife, were twin-born the 17th of January, 1657; Honor, the Daughter of
Charles Seymour, Efq; and Elizabeth his Wife, was born the 6th of July, i6co-
and Charles, the Son of the Hon.M«. Charles Seymour, and Elizabeth his Wife, was
born the 13th of Auguft, 16625 and that Charles, Lord Seymour, Baron of Trow
bridge, died the 25th Day of Auguft, 1665; and was buried at Trowbridge the
7th of September following. '
The Affidavits of Thomas Willfon, late Clerk of the Kitchen to Duke Charles
who fwears that he heard Duke Charles fay, that he did not know whether mv
Lord Hertford, who was his Son, would have any Son, and that he was the laft of
Duke Charles 's Family or Line, and that he believed Sir Edward Seymour of the Well
would be intitled to be Duke of Somerfet, and that Duke Charles often talk'd of the
Seymours of Maiden-Bradley, and that he believed they had a Right tofucceed to the
Title of Duke of Somerfet, fuppofing, as the Deponent underftood him, that the faid
Algernon fhould die without leaving a Son. ¦
Thomas

[9]
Thomas Blakely, another Domeftick of Duke Charles, by an Affidavit fwears, that
it was the general Opinion of the Family, that in Cafe the faid Duke and his Son
Algernon fhould die without Iffue-Male, Sir Edward Seymour would be Duke .of
Somerfet ; and that he has heard the faid Duke fpeak to the fame Effed.
And Thomas Elder, another Domeftick of Duke Charles, fwears to the fame Purpofe.
Befides which, an Affidavit was produced from Charles, Earl of Egremont, that he
has heard the late Duke of Somerfet, his Grandfather, talk concerning the Defcent ofthe
Title to the Dukedom of Somerfet ; the Subftance whereof was always fuch that he
does therefrom verily believe, that it was his faid Grandfather's Opinion, that in Cafe
his Son Algernon fhould die without Iffue-Male, the Title would defcend to Sir
Edward Seymour of Bradley, the prefent Claimant ; and the rather that foon after my
Lord Beauchamp's Death, the faid Duke made particular Enquiry of him the Earl
concerning Sir Edward and his Family, mentioning, as his Reafon for fuch Enqaky,
that he wifh'd to have what Information he could concerning the Perfon and Family,
to whom in all Probability his Title muft defcend.
The only Parts of the Pedigree, under which the Petitioner Sir Edward claims,
to which any Objedion could be made in point of Evidence, fecm to be ;
The fuppofed Failure of Iffue-Male of Henry the fecond Son of the firft Duke -,
There being no Son of William, who was reftored to the Dukedom, younger than
John, Duke of Somerfet ;
There being no Son of Francis Lord Seymour, of Trowbridge, younger than
Charles ;
There being no Son of that Charles younger than Duke Charles, who died in the
Year 1748.
But from the exprefs Notice taken of that Henry, in the firft Settlement found in
the Inquifition poft Mortem, of the fecond Year of King Charles the firfi, and the
Limitation to him in Remainder, after Failure of Iffue-Male of the then Earl of
Hertford; and the total Omiffion of him, and any Iffue Of him in all the other Set
tlements, and from the limiting Remainders after the Iffue-Male of the Earl of
Hertford, X.o Edward Seymour of Berry-Pomeroy ; and the Want of any Evidence to
fhew there was any fuch Iffue of Henry, as well as the general Opinion of the Family
that the Male Line by the fecond Wife would be extind by the Death of Duke
Algernon without Iffue-Male f\X. was inferr'd that this Henry died without Iffue-Male.
From the Title of Duke of Somerfet being adually enjoy 'd by John the fourth Son
of William, the reftored Duke of Somerfet, it was concluded that his elder Brothers
muft be dead without Iffue-Male.
' From the fame Title being enjoy'd next by Francis, the Son of Charles Lord
Seymour of Trowbridge, and after him by Duke Charles, who died in the Year 1748,
for fo many Years without Interruption, the like Conclufion was drawn with refped to
the Failure of Iffue Male of William Duke of Somerfet, reftored by the AB of King
Charles the fecond, and to the Failure of the Iffue-Male of Francis, Lord Seymour of
Trowbridge, prior to his Son Charles, Lord Seymour of Trowbridge, and to the
Failure of Iffue-Male of that Charles, prior to Duke Charles ; and from the Will
of Francis, Lord Seymour of Trowbridge, taking Notice of his Son Charles and no
other, and from Duke Charles and his Family's Declarations, that on Failure of his
Iffue-Male, the Title -of. Dukeof Somerfet would defcend to the Petitioner, Sir Edward
C Seymour

[ 1°]
Seymour and his Family, and there being no Appearance of any younger Male Branches
of Charles, Lord Seymour of Trowbridge, than Duke Charles, it was argued that
Francis, Lord Seymour of Trowbridge, had no younger Son than Lord Charles, and
that Lord Charles had none younger than the laft Duke Charles, whofe only Son was
Algernon, the laft Duke of Somerfet.
And from your Majesty'* late Grant, which was produced to me of the Title
of Earl of Hertford, dated the 3d Day of Auguft, in the twenty- fourth Year of your
Majesty's Reign, to my Lord Conway, it was inferr'd that the Male Line of Edward
the Son ©f the firft Duke, by Anne his fecond Wife, was underftood to be extind, as
that Title, granted to Edward, his Son by that Wife, was to continue as long as that
Male Line continued.
As to the fecond Thing to be proved on the Part of Sir Edward the Petitioner, Viz.
That the Male Line of Edward, the fecond Son of the firft Duke of Somerfet by Catherine
Filol, is ftill fubfifting in the faid Sir Edward Seymour, as Heir-male of the Body of that
Edward; the before-mentioned ancient Roll of Pedigree was rcferr'd to, in which
Edward Seymour of Berry-Pomeroy is mention'd as the Son of that Edward Seymour,
the Son of the firft Duke of Somerfet, by Catherine Filol, and to have had nine
Children ; Edward the eldeft, John the fecond, William the third, Walter the fourth,
and Richard the fifth, and four Daughters ; and it is under this Edward^ the eldeft Son
and his Iffue-Male, that the Petitioner Sir Edward claims, in a dired Line.
For this Purpofe, there has been laid before me the following Evidence j
An original prerogative Probate ofthe Will of John Seymour, Efq; dated the 7th
Day of December, in the fixth Year of the Reign of King Edward the fixth, and
proved the 26th April, 1553; by which he gives to his Brother, Sir Edward
Seymour the elder, all his Lands and Goods, and makes him Executor ;
An attefted Copy of an AB of Parliament of the feventh Year of the Reign of
King Edward the fixth, intitled, An AB for the Refiitution in Blood of Sir Edward
Seymour, Kn'. which recites the Petition of Sir Edward Seymour, Kn'. defcribing him
now eldeft Son of Edward Seymour, late Duke of Somerfet, begotten of the Body of
Catherine, one of the Daughters and Coheireffes of Sir William Filol, to be reftored
in Blood : It recites alfo the Attainder of the faid Duke, and reftores the faid Petitioner
Sir Edward Seymour in Blood, fo as to enable him to take any Lands that may then
after come to him from any collateral Anceftor. It alfo vefts in him, and the Heirs
of his Body, the Manor of Maiden-Bradley, in the County of Wilts ; which would
have defcended to him as Heir to his Mother, had it not been for a Settlement unfairly
obtain'd by the Duke, and the Duke's Attainder;
An original Deed or Grant under the great Seal of the 10th of June, in the feventh
Year of King Edward the fixth, by which his Majesty grants to Sir
Edward Seymour, Kn'. Son of Edward, late Duke of Somerfet, and his Heirs, the
Manor of Berry-Pomeroy, in the County of Devon; which was Parcel of the Eftate
of the then late Duke ;
An attefted Copy of an Inquifition, pofl Mortem, taken the 20th Day of September,
in the thirty-fifth Year of the Reign of Queen Elizabeth, on the Death of
Edward Seymour, Kn'. Lord Seymour, in which he is mention'd to have died feized
in Fee of the Manor of Berry-Pomeroy and Maiden-Bradley, and that his Son Edward
Seymour, Efq ; was his Heir and thirty Years old ;
An attefted Copy of an Infcription on a Monument of the faid Sir Edward Seymour
in the Church of Berry-Pomeroy, in the following Words. Here lyeth the Bodies of
the Honble. Lord Edward Seymour, Kn'. Son unto the Right Honble. Edward Seymour,
Duke of Somerfet, who died the 2d Day of May, 1593 ; ^llb

[ri]
Alfo of Edward Seymour his Son, Bar', who died the ioth Day of April, 1613 j
the Lady Elizabeth his Wife, Daughter of Sir Arthur Champernowne, who had Iffue
eleven Children by him the faid Edward Seymour, Bar';
The fame ancient Roll of Pedigree before-mention'd, in which Edward, Grandfon
of the Duke and his Wife Elizabeth the Daughter of Arthur Champernowne, and
Edward Seymour their firft Son, and eight Children more are named;
Original Letters- Patent of the 29th Day of June, in the ninth Year of the Reign
of King J amei the firft, by which the Title of Bar', was granted to Edward Seymour,
..pf Berry Cafile, in the County of Devon, Efq; and the Heirs-Males of his Body;
An attefted Copy of an Inquifition, poft Mortem, which was taken the 12th Day
of Auguft, in the eleventh Year of the Reign of King James the firft, on the Death
of Edward Seymour, Bar', which finds that he was, before his Death, feized of Berry-
Pomeroy, and on his Marriage with Dorothy Killigrew, fettled Berry-Pomeroy, after
his Father Edward Seymours Death, to the Ufe of himfelf, and the Heirs-Males of his
Body by his intended Wife, and that he did marry her, and died the 10th Day of
April, before the Inquifition, and that Edieard Seymour, Kn'. and Bar', was his Son
and Heir, and at his Father's Death above thirty Years old;
An original Deed, bearing Date the 7th Day of January, in the eighth Year of
the Reign of King Charles the firfi, by which Sir Edward Seymour of Berry-
Pomeroy, Knight and Baronet, covenants, in Confideration of the Marriage of Edward
Seymour his Son and Heir apparent, with Anne, Daughter of Sir William Portman, to levy
a Fine of Berry-Pomeroy and Maiden-Bradley to the Ufe of Edward the Son for Life,
Remainder to the faid Anne for her Life, Remainder to the Heirs-Males of their Bodies ;
An attefted Copy of the Regifter of the Burial at Berry-Pomeroy of Sir Edward Sey
mour, Knight and Baronet, on the 5th of OBober, 1659;
An original Indenture of Settlement, dated the 2 ift Day of January, 1661, in the
thirteenth Year ofthe Reign of King Charles the fecond, by which \Sir Edward Seymour,
of BerffjfPomeroy. Bar', in Confideration of a Marriage then hefore had between
Edward Seymour his Son and Heir apparent, and Margaret, Daughter, of Sir William
Wall, and of Articles previous, to- the Marriage, covenants to levy Fines of Berry-
Pomeroy and Mai den- Bradley, to the Ufe of his faid Son for Life, Remainder to his
Wife for Life, Remainder to the Heirs- Males of their Bodies begotten ;
An attefted Copy of the Regifter of Burials at Berry-Pomeroy, in which Sir Edward
Seymour, Bar', is mention'd to have been buried the 7th Day of December, 1688 ;
The Affidavit of John Hamlin, of Berry-Pomeroy, aged 84, and David Salter of
the fame Place, aged 73 Years, fworn the 8th of April, 1750, wherein they both
fwear, that they knew Sir Edward, the Great Grand-father, Sir Edward, the Grand
father, and Sir Edward, the Father of the Claimant Sir Edward Seymour, and that
they all died feized of Berry -P omer ov, and that the prefent Sir Edward is reputed to be
the eldeft and firft Heir-Male of the Family of the Seymours, and as fuch is now the
Lord and Owner of the faid Manor. And Hamlin faith he attended at the Burying and
Funeral of the Great Grand-father, and afterwards lived ten Years a Servant with the
Grand-father; and Salter faith he hath been Tenant, for thirty- five Years, ofthe faid Manor;
The Affidavit of Uriah Meffiter, aged 60 Years, fworn the 26th of March, 1750,
whereby he fwears to the fame Effed as to the Grand-father of the Claimant, Sir Edward
Seymour, and fpeaks the fame as to hear-fay from his Mother and others, and as to the
general Opinion that the TitLof Duke of Somerfet would delcend to the Claimant on
failure of the Iffue-Male then in Poffeffion; The

C I* ]
The Affidavit of George Taylor, fworn the 27th Day of April, 1750, whereby he
fwears that he is the prefent Steward to the Claimant, Sir Edward Seymour, and was lo to
his Father, and fwears to their being Owners of Berry-Pomeroy.
Befides the above-mention'd Evidence, particularly applied to feveral Branches of this
Line of Pedigree, there was alfo laid before me tbe original Marriage Settlement ot
King Henry the eighth with Jane, the firft Duke of Somerfet' s Sifter, dated the 3d
Day of June, in the twenty-eighth Year of his Reign;
And the Settlement on the Marriage of the firft Duke of Somerfet with Catherine,
his firft Wife, dated the 26th Day of April, in the fifth Year of the Reign of King
Henry the eighth, both of which Settlements are in the Petitioner, Sir Edward Sey
mour's Cuftody.
The Poffeffion of thefe Deeds, the Continuation of the Title of Bar', in the Pe
titioner and his Anceftors, who could be intitled to it only through the fame Line, as
the Right to the Dukedom, muft be derived fince the Creation of the Title of Bar'.
and their adual Enjoyment of the fame Eftates of Berry-Pomeroy and Maiden-Brad
ley, as Edward the Remainder Man in the Dukedom; and the Senfe and Opinion of the
late Duke Charles and the Family concerning the Petitioner, Sir Edward Seymours
Title, were all ufed as fo many further very material Fads to prove the Truth of his
Pedigree. III. The only Thing that remains as to Sir Edward Seymours Claim, is, the Objec
tion arifing from the firft Duke's Attainder of Felony.
He being feized of the Titles of Lord Seymour and Duke of Somerfet, by the Pa
tents before-mention'd, to him and the Heirs-Males of his Body by Lady Anne, with
Remainder to Edward, his Son by his firft Wife, and the Heirs-Males of his Body;
and being alfo feized of the Title of Vifcount Beauchamp, by Virtue of Letters-Patent
dated the 5th Day of June, in the twenty-eighth Year of the Reign of King Henry
the eighth, and of Earl of Hertford, by Virtue of other Letters- Patent dated tbe 1 8th
Day of OBober, in the twenty-ninth Year of the Reign of King Henry the eighth,
to hold both the faid Titles to him and the Heirs-Males of his Body, was attainted
of Felony in the fifth Year of the Reign of King Edward the fixth ;
And an AB of Parliament was made in the fifth and fixth Years of the Reign of
King Edward the fixth, an attefted Copy of which was laid before me, intitled An AB
touching the Limitation of the late Duke of Somerfet'* Lands,
By this AB, a former AB, made in the thirty-fecond Year of the Reign of King
Henry the eighth, is repeal'd, and among other Things Recompence is made to John, the
eldeft Son of the Duke, by Catherine Filol, for certain Lands that had been his Mother's,
and fold by the Duke, and then it enads in the'following Words; " That the faid Duke and
" his Heirs and his Heirs-Males, begotten upon the Body ofthe faid Lady Anne, for ever,
" fhall by Authority of this AB, lofe and forfeit unto your Highnefs, your Heirs and Suc-
" ceffors for ever, and alfo be deprived, from henceforth for ever, as well of the Names
" of Vifcount Beauchamp, Earl of Hertford, and Duke of Somerfet, and every of them,
" as alfo of all and every other his and their Honour or Honours, Degrees, Dignities,
" Eftates, Pre-eminences and Stiles, by whatfoever Name or Names he the fame Duke
" hath been call'd, named, or created, by any Letters-Patents, Writs, or other wife.
Afterwards William Marquis of Hertford, being as before dated Heir-Male of the
Body of the faid Duke of Somerfet, by the Lady Anne, an Ad of Parliament was made
in the twelfth Year of the Reign of King Charles the fecond, reciting the Words before-
mention'd in the faid AB of the fifth and fixth of King Edward the fixth, it fays in the
following

['IJ ]
following Words, " Now forafmuch as the faid Duke was a happy Inftrumenf in the
" bleffed Reformation of Religion, and William now Marquis of Hertford, b'eing Heir-
" Male of the Body of the faid Duke, by the faid Lady Anne, having in a high Degree,
" by many eminent Services, fhew'd his Duty, Loyalty and Affedion to your facred
" Majesty and your Royal Father of bleffed Memory, the faid Lords and Commons
" therefore humbly befeech your Majesty that it may be enaded, and be it enacted by
|c the King's moft excellent Majesty, by and with the Advice and Confent ofthe
'' Lords and Commons in this prefent Parliament affembled, and by Authority of the
" fame, that the laid William Marquis of Hertford, and the Heirs-Males of his Body,
ct and the Heirs-Males of the Body of the faid Edward late Duke of Somerfet, begotten
" upon the Body of the faid Lady Anne, be and are hereby reftored to the faid Honour,
"Dignity, Authority, and Title of Duke of Somerfet, with all Privileges and Pre-emi-
" nences thereunto belonging, as fully, amply, and honourably as the faid Edward Duke
" of Somerfet did or might at any Time hold and enjoy the fame by Virtue of the faid
:t Letters-Patents,' and as fully and amply as if the faid AB had never been had or made ;
" any thing in the faid Claufe or before-mention'd AB to the contrary in any wife not-
" withftanding. This AB of Reftitution extending in Words only to the Heirs-Males of the Marquis,
and the Heirs-Males oiihzDuke, by Lady Anne, and the Petitioner, Sir Edward Sey
mour, not claiming to be fuch Heir-Male, he could not have any Benefit from it ; from
hence two Objedions were mention'd, One that the Duke's Attainder exringuifh'd the
Honours entirely, as well with Refped to the Remainder-Man as the Heirs-Males of the
Duke.
The Other, That the AB of Parliament at leaft did fo, by making not only the Duke,
but his Heirs generally, as well as the Heirs-Males of his Body on Lady Anne, to forfeit
them. i
To the firft of thefe it was-anfwcr'd; That an Attainder for Felony, operating only by
Corruption of Blood, can have no Effed upon any but fuch as claim. by Defcent through
that Blood, which Edward Seymour, the Remainder Man, and his Iffue-Male, do not.
To the fecond Objedion it was anfwer'd ; that the Word Heirs, ufed in the AB, can
mean none but fuch who claim the Title as Heirs, which the Petitioner, Sir. Edward
Seymour, does not, though he is in Fad now Heir general of the Duke, but by Virtue .?f
the Limitation in Remainder ; and as the AB intended to create a Forfeiture in the Duke
of all his Titles, of which it appears he had feveral hefides the Dukedom, that Word
might be inferted on Purpofe to include any Titles that might defcend to his Heirs
general; And it was further anfwer'd ; that the Particularity of extending the Forfeiture in ex-
prefs Words to the Heirs-Male of the Duke by Lady Anne, and not to the Remainder-
Man, fhews the View was to extend the Forfeiture of the Dukedom and Barony of Sey
mour no further, and not to the Prejudice of the elder Branch of the Family by a former
Wife, in whofe Favour one Part of the AB was particularly made.
As to the Title of the Petitioner, Berkeley Seymour ;
He claim'd the Benefit of all the Evidence produced by Sir Edward, that proved the
Extindion of the Male Line of Edward, Earl of Hertford, the Duke's eldeft Son by
Lady Anne his fecond Wife, but then infifted that the whole Line of the Heirs-Male
of the Duke by Lady Anne was not determined, but that he was the Heir-Male of the .
Body of the Duke through the before-named Henry his fecond Son by Lady Anne, and
for that Purpofe derived his Pedigree according to the other annex'd Pedigree.
D The

[ 14]
The firft Step in this Pedigree is, that Henry, who is therein mention'd to have mar-
ry'd Jane the fourth Daughter of Thomas Percy, Earl of Northumberland, had a Son
named John, defcribed to be of Frampton Cottrel, in the County of Gloucefter, and to
have been buried there the 2 2d Day of May, 1598, and to have marry'd Jane eldeft
Daughter of Sir Nicholas Poyntz, in the County of Gloucefter, by Jane Daughter of
Thomas Lord Berkeley.
In order to make out this, the following Evidence was laid before me ;
A Bargain and Sale enroll'd, dated the 19th Day of July, in the thirtieth Year ofthe
Reign of King Henry the eighth, whereby Lord Daubigny conveys to Edward Earl of
Hertford and his Heirs, amongft other Things, an Eftate call'd Frampton Cottrel, in the
County of Gloucefter;
An attefted Copy of a Vifitation Book for the County of Gloucefter, taken in the Year
1623; in which, in the Pedigree ofthe Poyntz's, there is named Jane the Daughter of
Sir Nicholas Poyntz, as having been Wife 0 f John Seymour of Frampton Cottrel, Eff,
And another Pedigree of the Syms in the fame Book, wherein it is faid, that one of
the Daughters of John Syms married Sir John. Seymour;
An Inquifition, poft Mortem, taken the 13th Day of September, in the fortieth Year
of the Reign of Queen Elizabeth, on the Death of John Seymour, Efq; by which it is
found, that John Seymour died feized of Frampton Cottrel, and that he had levy'd a Fine
of the Premtfes between him and his Son Thomas in Michaelmas Term, in the twenty-
fecond and twenty-third Years of the Reign of Queen Elizabeth, to the Ufe of him
felf for Life, Remainder to Elizabeth Webb, his intended Wife, Remainder to his Son
Thomas and his Heirs ;
And that John Seymour died at Frampton Cottrel, the 20th DayofAfoy, in the
thirty-ninth Year of the Reign of Queen Elizabeth, and leaving his Son Thomas his
Heir, who was forty Years old at his Father's Death.
There were alfo laid before me two original Letters from the late Duke Charles,
and fign'd by himfelf ; one dated the 22d Day of May, 1689; the other the 19th of
July, 1695; and fworn to be both all of his Hand- writing, and wrote to the Petitioner
Berkeley Seymours Grandfather, in the former of which, after feveral kind Expreflions
to John Seymour, the Petitioners Grandfather, who was Governor of Maryland,
he concludes, from your Coufin and humble Servant;
The latter has alfo feveral friendly Expreflions, and concludes, your humble Servant.
The Affidavit of Jane Seymour, the Petitioner Berkeley Seymour's Aunt, fwears to
her Belief of great Part of the Pedigree as ftated, and that Berkeley Seymour is de-
fcended in a dired Line from Edward, Duke of Somerfet, ; and that her Father has
frequently declared fo in the Family, and that in Cafe of the Death of Charles, Duke
of Somerfet, and his Son Algernon, without Iffue-Male, he himfelf was next intitled.
This being the Whole of the Evidence produced, to prove the firft Step of the
Pedigree, that Henry left a Son named John, it was not only infufficient in itfelf to
prove that this John was Son of the Henry in Queftion, but made that Fad to be
impoffible, as upon that Suppofition Thomas the Son of John, and Grandfon of Henry
muft have been forty Years old at a Time when his fuppofed Grandfather's elder
Brother, Edward, Earl of Hertford, who died in 162 1, at the Age of eighty-three
could not be above nineteen Years old. The

1

[ I>]
The like Impoflibility alfo appearing from a Copy of a Bargain and Sale inroll'd in
the Court of Common Pleas, dated the i8th of June, 1559; by which, the fame John
Seymour bought Frampton Cottrel, for four hundred and fifty Pounds, at a Time
when his Father's elder Brother could not be twenty-one Years old.
Upon the Inconfifteney of thefe Evidences, with the Suppofition of John Seymour
being the Son of Henry, the Council and Agent for Mr. Berkeley Seymour did not
think proper to read the Reft of their Evidence to fhew his Defcent from that John.
On the Whole, I am humbly of Opinion, that the Petitioner, Sir Edward Seymour,
has fufficiently proved his Right to the two Titles of Baron Seymour and Duke
of Somerfit, and that it may be advifable, if your Majesty fhall be gracioufly
pleafed fo to do, to order a Writ of Summons to pafs the great Seal, to fummon
the faid Petitioner to fit in Parliament, and there to enjoy the Rank and Privi
leges to his faid Titles belonging. D. RYDER, 23d of November, 1750.

The Attornry-
GfiNERAi/j* Report
of Sir Edward
Seymours Title to
the Dukedom oi
Somerfet.

TALL UlNIVtHKI I Y LlbHAHY

3 9002 08954 1974