coke a the lord de la war case year Elizabeth Thomas de la war petition the  queen for his place in the house of lord which his great grandfather bad it  appear that William his father have be disable by Act of parliament Edward  during his life to claim or enjoy any dignity c by descent c afterward William  be call by Q Elizabeth to parliament by writ of summons and sit as puisne Lord  of parliament and afterward die the judge and house of lord resolve that this  be only a personal temporary disability in William and that Thomas be entitle  to the place of his great grandfather Collins dew journal canden Elizabeth  dugdale baron tom foe Hugh ab Mod c at the parliament hold in year Reginoa  Elizabeth the case be such Thomas la war Knt 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 coke report b er p the queen to  this effect that whereas the say Thomas his great grandfather be call to  parliament by writ of summons a a h and afterward the say Thomas his great  grandfather die after who death Thomas his son be call to diverse parliament  by writ of summons and afterward by Act of parliament year 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  descent 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 he sit as puisne Lord of the parliament and afterward die and now the say  Thomas his son be call to this parliament by writ of summons sue to the queen  that he may have the place in parliament of his say great grandfather  videlicet between the Lora Berkeley and the Lord Willoughby of Eresby and the  say petition be endorse in these word her majesty have coke b 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 Whitehall hear the counsel  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 grandfather and by consequence he can not have the place of his great  grandfather but his father plAcc but it be resolve by the justice that there  be a difference betwixt disability personal and temporary and a disability  absolute and perpetual as where one be attaint of treason or felony a that be  a absolute and perpetual disability by corruption of blood for any of his  posterity to claim any inheritance in feesimple either 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 his life it be a personal disability for  his life only and his heir after his death may claim as heir to he or to any  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 b 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  likewise confirm it all a dugdale Summ ad parliament Raymond roll Rep strange  Ventris   light f b h PC a by Geo c after July corruption of blood shall not  take place except in high or petit treason or murder b the acceptance of a new  dignity do not merge or destroy a ancient one as if a baron be create a earl  yet the dignity of a baron remain and if a knight be create a baron yet he  remain a knight still et such de cteris but if a esquire which be no name of  dignity be make a knight the degree of esquire be change and go Inst barony of  Roos Collins barony of grey de Ruthin Collins journ so when a person have a  barony by writ and consequent descendible to his heir general be create a earl  to he and the heir male of his body the earldom do not attract the barony but  upon the earldom become extinct the barony will descend to the heir general  barony of fitzwalter Collins Vid cruise on dignity chap coke report a er p  which be order and enter accord whereupon at the same parliament the Lord de  la war in his parliament robe be by the Lord zouch supply coke a the place of  the Lord Willoughby then within age and the Lord Berkeley also in their robe  bring into the house and place in his say place videlicet next after the Lord  Berkeley garter king of arm attend upon they and do his office and I be of  counsel with the Lord de la war