Earl de La Warr - Baronies of De La Warr

Baronies of De La Warr

The barony De La Warr is of the second creation; however, it bears the precedence of the first creation, 1299, and has done so since shortly after the death of William West, 1st Baron De La Warr. The precise legal situation concerning the second creation is a murky. The modern rules attempt to regularize medieval practice, but there are many cases that cannot easily be made to fit, whether because a local custom was involved, or because an exception was made, or because the rules were still in flux. This is such a case. William was heir male but not heir general. Because the original barony was created by writ, descent is presumed to be to the heir (or heirs) general, wherefore it fell into abeyance between the daughters of Sir Owen West (and their heirs in turn). The second creation can be fairly viewed in at least three ways.

• As a means of placing beyond dispute an inheritance that should have gone to the heir male in the first place. The act concerning precedence is understood as rectifying the side effect this had of altering the precedence. Accordingly, some writers ignore the second creation when numbering: thus Thomas West, 3rd Baron De La Warr is sometimes called 12th Baron De La Warr.
• As an extraordinary act resolving an important estate that should not be left in abeyance. In this case, the previous barony was intended to be extinguished (no authority suggests that there is a baron De Le Warre still abeyant) and the act altering precedence is difficult to understand other than as political expediency.
• As a part of the effort to solve relatively complex problems of inheritance case by case, before the doctrine of abeyance, as it now exists, had been worked out.