Baron La Poer
Encyclopedia
Baron La Poer, de la Poer, or Le Pour, is a title in the Peerage of Ireland
held by the Marquess of Waterford
. Its creation is the sole instance of the law of the Kingdom of Ireland
recognizing a peerage by writ.
(dated 1535 and 1637 respectively), which specified that the titles would be inherited by a heirs male of the grantee. When he died in 1704, his only child however was a daughter, Lady Katherine Power. The Earldom became extinct, and in an ordinary course of events, the Barony Power would have been inherited by his distant cousin, Colonel John Power (or Poore) of the Dublin Regiment of Foot
. The colonel was however a Jacobite
and therefore outlawed and attainted in 1688. Although inheriting none of the titles, Lady Katherine therefore inherited the land.
Lady Katherine grew up and married in 1717 an Irish freemason and politician, Sir Marcus Beresford, 4th Baronet
. After a lawsuit with John Power, Sir Marcus and Lady Katherine retained the Power property, and Sir Marcus was raised into the Peerage of Ireland
by creating him Viscount Tyrone in 1720. After the Jacobite rebellion of 1745, he was further elevated in 1746 as Earl of Tyrone
(the same name of title as that of his father-in-law, but a new creation). After he died in 1763, Lady Katherine, now the Dowager Countess of Tyrone, had petitioned the Irish House of Lords
to restore to her the Barony de la Poer, which she asserted was created by writ for her grandfather Richard Power. He was summoned to the Parliament of Ireland
somewhere in the 1650s, but was not yet a peer. He became the 6th Baron Power in 1661, and was created the 1st Earl of Tyrone and 1st Viscount Decies in 1673.
. Other differences are that a barony by writ is inherited in strict order of succession by the heirs general of the recipient of the writ: daughters of barons, if they are only children (like Countess Katherine), do therefore inherit such baronies. A barony by writ is a typical creation of English common law, but aside from this case, they are now almost non-existent in the Peerage of Ireland.
on 23 November 1375, 22 January 1378, and 11 September 1380. The Dowager Countess of Tyrone was a descendant of Nicholas's daughter Ellen, who married David Poer or Power, known as "Davey Rothe", of Conoughmore, ancestor of the Barons Power. Since Nicholas le Poer also had sons who left children, the Countess was not heiress of Nicholas.
Nevertheless, on 9 November 1767 the Irish House of Lords resolved that she had proved her case; the Crown
confirmed this on 19 December 1767 and allowed her "all the rights and privileges belonging to the said Barony", as they had been held by "her grandfather Richard, who sat and voted as Baron La Poer". As Complete Peerage remarks, the effect of a resolution that "a lady was entitled to a barony that never existed" (and to which she would not be heiress if it had) is open to question; so is the confirmation in all the rights of a man who never held the barony.
, who was promoted to Marquess of Waterford
in 1789, as part of the British government's effort to manage Grattan's Parliament; all his titles are held today by John Beresford, 8th Marquess of Waterford.
Her spelling has been widely used as a middle name by her Beresford descendants; some of the Powers also adopted this fashionable spelling. Some romantics also claimed a connexion with Poher in Brittany.
One of these changes of name was made by Frances Power, daughter of Sir John Power, Baronet, of Kilfane, who happened to marry another John Power (of Gurteen), the lineal heir of Col. John Power above-mentioned; as a widow she changed her name legally to Frances de la Poer, in commemoration of a companion of Strongbow
; her son styled himself Edmond James de Poher de la Poer; his son, John William Rivallon de la Poer, petitioned the Crown in 1920 to recognize him as Baron Power; the Committee of Privileges of the British House of Lords decided that he would be Baron le Power and Conoughmore, if it were not for his ancestor's outlawry, but they did not reverse it.
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
held by the Marquess of Waterford
Marquess of Waterford
Marquess of Waterford is a title in the Peerage of Ireland and the premier marquessate in that peerage. It was created in 1789 for George Beresford, 2nd Earl of Tyrone.-Family history:...
. Its creation is the sole instance of the law of the Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
recognizing a peerage by writ.
The origin of the title
James Power, 3rd Earl of Tyrone, who also was the 8th Baron Power, held both his titles by letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
(dated 1535 and 1637 respectively), which specified that the titles would be inherited by a heirs male of the grantee. When he died in 1704, his only child however was a daughter, Lady Katherine Power. The Earldom became extinct, and in an ordinary course of events, the Barony Power would have been inherited by his distant cousin, Colonel John Power (or Poore) of the Dublin Regiment of Foot
83rd (County of Dublin) Regiment of Foot
The 83rd Regiment of Foot was a British Army line infantry regiment. During the Childers Reforms it was united with the 86th Regiment of Foot to form the Royal Ulster Rifles.-Service history:...
. The colonel was however a Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
and therefore outlawed and attainted in 1688. Although inheriting none of the titles, Lady Katherine therefore inherited the land.
Lady Katherine grew up and married in 1717 an Irish freemason and politician, Sir Marcus Beresford, 4th Baronet
Marcus Beresford, 1st Earl of Tyrone
Marcus Beresford, 1st Earl of Tyrone , known as Sir Marcus Beresford, 4th Baronet until 1720 and subsequently as The Viscount Tyrone until 1746, was an Irish peer, freemason and politician.-Background:...
. After a lawsuit with John Power, Sir Marcus and Lady Katherine retained the Power property, and Sir Marcus was raised into the Peerage of Ireland
Peerage of Ireland
The Peerage of Ireland is the term used for those titles of nobility created by the English and later British monarchs of Ireland in their capacity as Lord or King of Ireland. The creation of such titles came to an end in the 19th century. The ranks of the Irish peerage are Duke, Marquess, Earl,...
by creating him Viscount Tyrone in 1720. After the Jacobite rebellion of 1745, he was further elevated in 1746 as Earl of Tyrone
Earl of Tyrone
The Earl of Tyrone is a title created three times in the Peerage of Ireland.It was first created as part of the Tudor attempt to establish a uniform social structure in Ireland by converting the Gaelic kings and chiefs into hereditary nobles of the Kingdom of Ireland...
(the same name of title as that of his father-in-law, but a new creation). After he died in 1763, Lady Katherine, now the Dowager Countess of Tyrone, had petitioned the Irish House of Lords
Irish House of Lords
The Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
to restore to her the Barony de la Poer, which she asserted was created by writ for her grandfather Richard Power. He was summoned to the Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
somewhere in the 1650s, but was not yet a peer. He became the 6th Baron Power in 1661, and was created the 1st Earl of Tyrone and 1st Viscount Decies in 1673.
"Barony by writ" vs. "barony by patent"
Instead of a barony by patent, a "barony by writ" is a hereditary title created by a writ of summons, but without issuing a letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
. Other differences are that a barony by writ is inherited in strict order of succession by the heirs general of the recipient of the writ: daughters of barons, if they are only children (like Countess Katherine), do therefore inherit such baronies. A barony by writ is a typical creation of English common law, but aside from this case, they are now almost non-existent in the Peerage of Ireland.
Petition
The petition was based on an other writ received by Nicholas (fitz John) le Poer, of Kilmeadan, who was summoned to the Parliament of IrelandParliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
on 23 November 1375, 22 January 1378, and 11 September 1380. The Dowager Countess of Tyrone was a descendant of Nicholas's daughter Ellen, who married David Poer or Power, known as "Davey Rothe", of Conoughmore, ancestor of the Barons Power. Since Nicholas le Poer also had sons who left children, the Countess was not heiress of Nicholas.
Nevertheless, on 9 November 1767 the Irish House of Lords resolved that she had proved her case; the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
confirmed this on 19 December 1767 and allowed her "all the rights and privileges belonging to the said Barony", as they had been held by "her grandfather Richard, who sat and voted as Baron La Poer". As Complete Peerage remarks, the effect of a resolution that "a lady was entitled to a barony that never existed" (and to which she would not be heiress if it had) is open to question; so is the confirmation in all the rights of a man who never held the barony.
Succesors
When the Dowager Countess died, 27 July 1759, any title she may have held passed to her son George, 2nd Earl of TyroneGeorge Beresford, 1st Marquess of Waterford
George de la Poer Beresford, 1st Marquess of Waterford, KP, PC was an Irish politician, known as George Beresford, 2nd Earl of Tyrone from 1763 to 1789....
, who was promoted to Marquess of Waterford
Marquess of Waterford
Marquess of Waterford is a title in the Peerage of Ireland and the premier marquessate in that peerage. It was created in 1789 for George Beresford, 2nd Earl of Tyrone.-Family history:...
in 1789, as part of the British government's effort to manage Grattan's Parliament; all his titles are held today by John Beresford, 8th Marquess of Waterford.
Spelling
Both titles and the surnames le Poer, Power, Poore are all forms of the same name, originally Anglo-Norman le pover, "the Poor". It was quite common in medieval England and Ireland; the spellings de la Poer and La Poer, in the feminine, originate from the Countess's petition, although it is ungrammatical, and J. H. Round called it "idiotic"; the feminine article may be the result of applying it to a peeress.Her spelling has been widely used as a middle name by her Beresford descendants; some of the Powers also adopted this fashionable spelling. Some romantics also claimed a connexion with Poher in Brittany.
One of these changes of name was made by Frances Power, daughter of Sir John Power, Baronet, of Kilfane, who happened to marry another John Power (of Gurteen), the lineal heir of Col. John Power above-mentioned; as a widow she changed her name legally to Frances de la Poer, in commemoration of a companion of Strongbow
Richard de Clare, 2nd Earl of Pembroke
Richard de Clare, 2nd Earl of Pembroke , Lord of Leinster, Justiciar of Ireland . Like his father, he was also commonly known as Strongbow...
; her son styled himself Edmond James de Poher de la Poer; his son, John William Rivallon de la Poer, petitioned the Crown in 1920 to recognize him as Baron Power; the Committee of Privileges of the British House of Lords decided that he would be Baron le Power and Conoughmore, if it were not for his ancestor's outlawry, but they did not reverse it.