Arms of Maxwell, Barons de Ros: Quarterly, 1st and 4th: Argent, a saltire gules (Fitzgerald) 2nd and 3rd: Gules, three water bougets argent (de Ros)[1]
Creation date
6 February 1288/89, with a precedence to 24 December 1264[2]
Baron de Ros (/ruːs/ROOSS) of Helmsley is the premier baron in the Peerage of England, created in 1288/89 for William de Ros, with precedence to 24 December 1264.[1] (The spelling of the title and of the surname of the original holders has been rendered differently in various texts. The word "Ros" is sometimes spelt "Roos", and the word "de" is sometimes dropped.) Premier baron is a designation and status awarded to the holder of the most ancient extant barony of the Peerage of England. Before the Dissolution of the Monasteries the Prior of the Order of St John in England was deemed the premier baron.[3]
In 1616 the barony of De Ros was allowed precedence from this writ [of 24 December 1264], a decision adopted by the Lords in 1806 (Round, Peerage and Pedigree, vol. i, pp. 249-50); but these writs, issued by Simon in the King's name, are no longer regarded as valid for the creation of peerages.[6][7]
Style
Whenever a man holds the title, he is considered the premier baron of England. However, whenever a woman holds the title, the holder of the next-highest barony held by a man is known as the premier baron. For instance, when Georgiana Maxwell, the most recent female to hold the title, was baroness, the Baron Mowbray, Segrave, and Stourton was considered the premier baron.
Remainder
The Barony may pass to heirs-general rather than just heirs-male, unlike most British titles. The barony may pass to daughters only if there are no sons. Under inheritance law, sisters have an equal right to inherit; there is no special inheritance right due for the eldest sister, as there is for the eldest son. Thus, it is possible that two or more sisters (and their heirs after their deaths) have an equally valid claim to the title; in such a case, the title goes into abeyance. The abeyance ends either when there is only one remaining claimant due to the deaths of the other claimants, or when the Sovereign "terminates" the abeyance in favour of one of the heirs. The peerage has been held by a woman six times, more than any other peerage except that of Baron Willoughby de Eresby.
Descent
The title was originally held by the de Ros family until the death of the tenth Baron in 1508, when it was inherited by his nephew, the 11th Baron. His son, Thomas, inherited the barony and was later created Earl of Rutland. The barony and earldom remained united until the death of the third Earl, Edward Manners. The barony was then inherited by his only daughter, Elizabeth Cecil, while the earldom passed to a male heir, his younger brother. Upon the death of Elizabeth's only son, William Cecil, the title returned to the Manners family, being inherited by the sixth Earl of Rutland.
Again, upon the sixth Earl's death, the barony and earldom were separated (the earldom being inherited by a distant cousin, the great-nephew of the 2nd earl), as the barony was inherited by the Earl's daughter Katherine, who had married George Villiers, 1st Duke of Buckingham. Katherine's son George inherited both the barony and the dukedom, but upon his death the dukedom became extinct and the barony went into abeyance.
The title eventually went into abeyance again upon the death of the 25th Baroness, in 1939. The abeyance was terminated in favour of her eldest daughter, Lady Una Mary Ross (née Dawson) in 1943, and again went into abeyance upon her death in 1956. Two years later, the barony was called out of abeyance again for Una Ross's granddaughter, Georgiana Maxwell (née Ross). As of 2017[update] the title is held by her son the 27th Baron, the first man to hold the title in over three-quarters of a century, who succeeded his mother in 1983.
First: On a chapeau gules, turned up, ermine, a Peacock in its pride, proper (de Ros). Second: A Monkey, statant, proper, environed round the loins and chained, or (For FitzGerald).
Escutcheon
Quarterly: 1st and 4th, Argent a Saltire Gules (Fitzgerald); 2nd and 3rd, Gules three Water Bougets Argent (de Ros)
Supporters
On either side a Falcon wings expanded and inverted proper
Cokayne, George Edward (1949). The Complete Peerage, edited by Geoffrey H. White. Vol. XI. London: St. Catherine Press.
Richardson, Douglas (2011). Magna Carta Ancestry: A Study in Colonial and Medieval Families, ed. Kimball G. Everingham. Vol. III (2nd ed.). Salt Lake City.{{cite book}}: CS1 maint: location missing publisher (link)ISBN144996639X
^This barony was created by Simon de Montfort, who, in the King's name, issued writs of summons to a parliament to attempt to stabilise his position during the Second Barons' War. This barony was given its precedence by the House of Lords in 1806.