the lord de la war case at the parliament hold Elizabeth the case be such  Thomas la war knight lord la war son and heir of William son and heir of  George brother and heir of Thomas son and heir of Thomas lord la war exhibit  his petition to the queen to this effect that whereas the say Thomas his great  grand father be call to parliament by Writ of summons a h and afterward the  say Thomas the Besayel die after who death Thomas his son be call to diverse  parliament by writ of summons and afterward by Act of parliament a e for  diverse cause mention in the say Act it be enact that the say William during  his life shall be disable to claim or enjoy any dignity or lordship in any  right estate c by dissent remainder or otherwise and afterward the say Thomas  son of Thomas die after who death the say William be so disable be not call to  any parliament by Writ of summons till queen Elizabeth call he to parliament  by Writ of summons and sit as puisne lord of the parliament and afterward he  die and now the say Thomas his son be call this parliament by Writ of summons  sue to the queen that he may have the place in parliament of his great grand  father videlicet between the lord Berkeley and the lord Willoughby of Eresby  and the say petition be endorse in these word her majesty have command I to  signify to your lordship that upon the humble suit of the lord la war she be  please that the matter shall be consider and determine in the house Robert  Cecil which petition be read in the Upper house of parliament the  consideration thereof be commit to the lord Burghley lord treasurer and  diverse other committee who at his Chamber in Whitehal hear the Council  learned on both party in the presence of the two chief justice and diverse  other justice and two objection be make against the claim of the say lord la  war forasmuch as his father be disable by Act of parliament to claim the  dignity the petitioner can not convey by he who be disable as heir to his  great grand father and by consequence he can have the place of his great grand  father but his father place but it be resolve by the justice that there be a  difference betwixt a personal and temporary disability and a disability  absolute and perpetual as where one be attaint of treason and felony the same  be a absolute and perpetual disability by corruption of blood for any of his  posterity to claim any inheritance in feesimple as heir to he or to any  ancestor above he but when one be but disable by parliament without any  attainder to claim the dignity for life the same be a personal disability for  his life only and his heir after his death may claim as heir to he or to his  ancestor above he the second objection be that the say William have accept of  a new creation of the queen which dignity new gain do descend to the  petitioner which he can not wave and therefore the petitioner can not have  other place than his father have to which it be answer and resolve that the  acceptance of a new creation by the say William can not hurt the petitioner  because the say William be at that time disable and in truth be not a baron  but only a esquire so that when the old and new dignity descend together the  old shall be prefer which resolution be well approve by all the lord committee  which be accord report to the lord of the parliament and allow by they all  whereupon it be order by the lord that the queen shall be acquaint with it by  the lord keeper of the great seal which be do accord and the queen confirm the  same also all which be order and enter accord whereupon at the same parliament  the lord de la ware in his parliament robe be by the lord zouch supply the  place of the lord Willoughby then within age and the lord Berkley also in  their robe bring into the house and place in his say place videlicet next  after the lord Berkley garter king of arm attend upon they and do his office  and I be of Council with the lord de la war