Page:The Complete Peerage Ed 2 Vol 4.djvu/736

 714 APPENDIX H Lancaster herald, who first started this matter to his lordship, in summer i690."(") His petition was presented to the House 27 Nov. 1690, and referred to the Committee for Privileges. (*") His claim was opposed by Elizabeth, Countess of Burlington and Cork, who, as we have seen, was daughter and heir of the Henry Clifford erroneously summoned in 1628. In her petition she says that the Barony descended to her from her said father and grandfather Francis, earl of Cumberland, who, after the death ot George [earl of Cumberland], entred to the earldom ; and your petitioner's father was stiled Henry, lord Clifford (as is usual for the eldest son of an earl in such cases) and was so by King James called in an award he made under his great seal. Afterwards King Charles I in the third year of his reign, summoned the said Henry to parliament .... he was placed next above the baron of Aber- gavenny, the ancient seat belonging to the barony of Clifford. Some time after the countess of Dorset, grandmother to the earl of Thanet, under whom he claims, petitioned the house of lords concerning that title, and a day being appointed by the lords the next session; it was ordered that the committee for privileges should hear the countess's claim, as also the lord Percy's and Abergavenny's touching precedency; but the 19th of Feb. following, the committee was appointed by the house, to determine the precedency of the two baronies, but not to meddle with the other matter referred to them, relating to that of Clifford; soon after the parliament was dissolved, and nothing was ever since heard of her petition, (*) but my lord Clifford, your petitioner's father, enjoyed the said barony without any interruption, isfc.{^) In the case drawn up for the Earl of Thanet it is stated that the committee referred to in the above petition was not to meddle with the title of Clifford, by reason the King was not rightly informed of the lady Pembroke's title to the said barony, when he by writ summoned this lord Henry; and though her claim was justly allowed, yet the house permitted him to sit for some few sessions, during his father's life time, by that mistaken summons, which could not since be insisted on, as any pretence of right. (*) It is impossible to gather from the context in Collins whether the admission that the writ was issued in error was made shortly after the petition of Anne, Lady Pembroke, in 1628 or some time later. At the time of the Earl's petition, however, the summons to Henry Clifford was recognised as an error, though the fact that the recipient acquired a barony by writ in spite of the mistake was not yet realised. Elizabeth died (6 Jan. 1 690/1) before the case was heard, when the Barony of Clifford (1628) devolved on her son Charles, who had been (*) Gregory King, quoted by Collins. The original intention was to claim "the dignities of lord Clifford, Westmerland and Vescy," but " it was agreed to begin the said claim by petition to the King for the barony of Clifford only, as including the other two titles." (Collins, p. 306). C") Lords' Journals, vol. xiv, pp. 568-9. ("=) This was not so, for, as we have seen, Anne petitioned again in 1663. C^) Lords' Journals, vol. xiv, p. 575. (') Collins, p. 312.