Page:The Complete Peerage Ed 2 Vol 4.djvu/759

 APPENDIX H 737 And he urgued that the decision in the Ros case supported the Earl of Kent's claim because William Cecil, the heir general, was given the Barony of Ros without the addition "of Hamlake." The descent of baronies by writ to heirs general was also challenged : Those Baronies of Hastings, and Grey of Ruthyn, had their original by writ of summons, wherein no words of inheritance are comprized; but by the operation of law and usage, the parties so summoned had a qualified fee simple in them, descendable only unto heirs male.(*) Selden maintained that in those cases where the King had conferred the honour on the issue of the only daughter of a baron by writ, it was " ex gratia regis, not ex vigore legis." (^) GREY OF RUTHYN Edmuad Grey, Lord Grey of Ruthvn, cr. Eirl of Kent, J. i4S9==Kathcrinc. =George Grey, Earl of Kent and=K.atherii Lord Grey of Ruthyn, d. i 503. I I I Richard Grey, Earl of Sir Henry Grey, Ji jure Earl of Kent and=. nc. Anthony Grey=. Kent and Lord Grey of Baron Grey of Ruthyn, did not assume the Ruthyn, . 1524. dignities, i. 1 562. I Reynold Grey, Earl=Suian. Henry Grey, Earl of=Mary. Charles Grey, EarU of Kent and Lord Kent and Lord Grey of Kent and Lord Grey of Ruthyn, of Ruthyn, d. i.p. Grey of Ruthyn, d. d.i.p. 1573. 1614/5- 'fiiJ- P- I 1 Henry Grey, Earl of Kent and Lord Grey^Elizabeth. Susan=Sii of Ruthyn, d. i.p. 1639. Anthony Grey, Earl of Kent 1639, d. 1643. I Charles Longueville, Lord Grey of Ruthyn The case was largely taken up with a discussion on the question of the half-blood. (^) Chief Justice Brampston, who was one of the Judges consulted, delivered an elaborate opinion which coincided with the view (») Collins, p. 220. ('•) Idon, p. 204. (') The doctrine of the half-blood is thus described by Sir Francis Palmer: "The rule of ' possessio fratris ' was summed up in the maxim, ' Possessio fratris dc feodo simplici facit sororem esse heredem,' which, being interpreted, meant that if an owner in fee simple of land married twice, and, dying, left a son and daughter by the first wife and a son by the second wife, and the son by the first wife succeeded to the inheritance, entered and afterwards died without issue, the inherit- ance passed, by reason of his possession, to his sister of the whole blood and could never pass to his brother of the lialf-blood." [Peerage Law in England, p. 98). 93
 * nry Grey, d. i:p. i545 = Margar.