Page:The Complete Peerage Ed 2 Vol 4.djvu/756

 734 APPENDIX H Their son, George Villiers, Duke of Buckingham, presented a petition for the Barony, which was read to the House 12 Dec. 1666. In it he alleged That John Manners, eldest son of the earl of Rutland, makes a pretence to, and calls himself by the name of the lord Rosse; although the same title, with all other titles belonging to the barony of Rosse, do solely belong to your petitioner, isfc. It was argued again for the Earl that an earldom attracted a barony, for otherwise " an ancient earldom should lose the plumes of their honour/'C) For the Duke it was argued that his " title was clear as heir ROS Henry Manner), Earl of Rutland=Margaret. and Lord Roi, d. 1563. I Edward Manners, Earl ol Lord R08, d. s.fi.m. 1587. Rutland and==Isabel. John Manners, Earl of=j=Eliiabeth. Rutland, J. 1587/8. Eluabeth,heir=Wil- to barony of Ros 1587, (/. 1591. i I . I . Roger Manners, Earl==Eliza- Francis Ma of Rutland, styled beth. claimed barony of Ros 1616, was compensated himself Lord Ros, with new barony of Ros of Hamlake, and sue. Sfc, J. t.p. 1612. to ancient barony 1618; d. i.f.m.s. 1632. William Cecil, proclaimed Lord Ros at his mother's funeral 1591, prevailed against his cousin Francis's claim in 1616; d. s.p. in 1 6 18, when barony descended to the said Francis. Ros 163 t barony of Duk< 532, d. 1649. I ham. George Villiers, ~ ' of Bucking- George Villiers, Duke of Buckingham, whose right to the barony of Ros was admitted 1667; </. s.p. legit. 1687. general, that he ought by the rules of law to inherit a barony, it being an hereditament descended upon him, as lineal heir to him last seised," i^c.(^) This last argument holds good of lands, but not of honours, for a claimant to a dignity must make himself heir, not to the last holder, but to the first person ennobled. After numerous hearings and adjournments the Duke proposed that the controversy should be composed after the manner of the settlement effected in 1616, and "The lords thereupon thought fit to offer the said proposal to his Majesty." Whereupon the duke of Buckingham had the title of lord Ross : But by the death of the said duke without issue, the title returned to the house of Rutland, who now enjoys the same.(') This statement, however, is not correct, for the Barony fell into abeyance, and its use by the Earls of Rutland was an assumption. (») Collins, p. 266. ('') Idem., p. 265. (=) Idem, p. 267.