Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, videlicet, 1 die Martii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
|EARL Marshal,||Excused, etc.|
|Earl of Leicester,|
|Lord Bishop of Rochester,|
These Two Petitions, concerning the Earldom of Oxon, etc. were this Day read: videlicet,
"To the King's most Excellent Majesty.
"The humble Petition of Robert Lord Willoughby of Eresby.
Ld. Willoughby of Eresby's Petition, touching the Office of Great Chamberlain.
"That Henry de Vere, late Earl of Oxon, Lord of Bulbecke, Sandford, and Badlesmere, deceased, the Day wherein he died, was seized of the said Earldom and Baronies, and of the Dignities and Pre-eminences to them appertaining, and of the Office of Great Chamberlain of England, with divers Privileges and Profits belonging to the said Office, as of Fee and Right. And the said late Earl, being so seized thereof, died seized, without Issue, the 26th Day of May, in the First Year of Your Majesty's Happy Reign. And, after his Death, the said Earldom, Baronies, and Office, descended to the Petitioner, as Cousin and next Heir unto the said late Earl, that is, Son and Heir of Mary late Wife of Peregrine Lord Willoughby of Eresby, deceased, Sister of Edward de Vere, late Earl of Oxon, deceased, Father of the said Henry late Earl of Oxon, deceased; and the Petitioner ought, in Right, to bear the Name of Earl of Oxon, Lord Bolbecke, Sanford, and Badlesmere, and enjoy as well the said Earldom and Baronies, with the Dignities and Pre-eminences to them pertaining, as the said Office, with the Privileges and Profits to the same belonging, and therein serve Your Majesty.
"Yet, nevertheless, so it is, may it please Your most Excellent Majesty, Robert de Vere, Esquire, without Right, doth call himself, in public Manner, by the Name of the Earl of Oxon, and doth pretend that the said Earldom, Baronies, and Office, do pertain unto him, to the Wrong of Your Suppliant.
"For Redress wherein, Your Petitioner humbly prayeth, that the said Robert de Vere may be called before Your Majesty, or such other whom Your Majesty shall be graciously pleased to appoint, to answer the Premises; and that the said Earldom, Baronies, and Office, may be declared, as of Right they do, to belong to the Petitioner and his Heirs. And he shall pray for Your Majesty's long Reign, etc."
"To the King's most Excellent Majesty.
"The most humble Petition of Robert Vere, Earl of Oxenford.
"Sheweth unto Your Majesty,
E. of Oxon's Petition for the same.
"That whereas, according to Your Gracious Direction, the Lord Marshal, assisted by the Lord Duke, the Lord Privy Seal, the Lord Chamberlain, the Earl of Leicestre, the Earl of Totnes, and the Lord Conway, on the 25th Day of this last Month, gave a Hearing to the Pretences of the Lord Willoughby, then opened and expressed by his Counsel Learned in the Law; whereupon Your Petitioner conceived that his Lordship, to whom it most properly belongs, would have solicited the said Honourable Personages to have made Report of his Claim, and so have become a Suitor to Your Majesty for the final expediting of the Cause:
"Forasmuch as Your Petitioner herein finds no such Forwardness in the Lord Willoughby, as in Reason from a just Pretender ought to be expected; and for that Your Petitioner is, in the mean Time, suspended from his lawful Inheritance, upon a bare Petition;
"It is humbly beseeched, that Your Majesty would be graciously pleased to call the said Honourable Personages before you, to make their Report; whereby Your Petitioner is very confident that Your Majesty will receive good Satisfaction, that the Lord Willoughby hath no just Cause further to prosecute his Pretence; and that Your Majesty, in Your Royal Inclination to Justice, will thereupon graciously receive this Petitioner to that Honour which is descended upon him; or, if the Lord Willoughby doth desire to decline that Way of Decision, wherein Your Majesty was pleased to put his Claim, and so would avoid the Report of the said Honourable Personages, apprehending (as upon Hearing of the Cause he justly may) that it will make nothing for him; as your Petitioner, in that Course, was in all humble Conformity content to submit himself; so clear and confident is he still, that, as formerly he hath, so doth he now humbly beseech Your Majesty, that the Title of Earldom and Office of Great Chamberlain may be determined by the Lords in Parliament.
"And, as his Ancestors of the same Name have for many Hundred Years been Peers of this Realm, and approved themselves loyal and faithful Subjects to Your Majesty's Royal Progenitors, so shall he be always ready to lay down his Life for the happy Preservation of Your Majesty's Sacred Person, Your Crown and Dignity."
Then was read His Majesty's Answer, signed with His Royal Hand, and indorsed on each of the said Petitions alike, in Manner following: videlicet,
His Majesty's Answer, touching the Great Chamberlain's Place.
"Seeing these Petitions concern so great an Honour and Office of Inheritance, and that it falls out so opportunely during the Sitting of Our High Court of Parliament; We think it fit to take the Advice of Our Lords and Peers of Our Higher House of Parliament, who have the Judges with them, for their Assistance in any Point of Law which may arise.
"Therefore Our Pleasure is, That their Lordships call the Competitors before them, and examine their Titles, and certify Us what they find, and their Opinions thereof: Whereupon We shall do that to either Party which shall be just."
These being thus read;
The Order for Counsel.
It is Ordered, That the Counsel of both Parties shall be heard here at the Bar, on Saturday next, at Nine of the Clock in the Morning. And that both Parties have Warning given them thereof.
Tales de Circumstantibus, &c.
Hodie 1a vice lecta est Billa, An Act for granting of a Tales de Circumstantibus, in Trial of Assizes.
Increase of Trade.
Hodie 1a vice lecta est Billa, An Act for the increasing of Trade, and keeping of Silver and Gold within the Realm.
Ld. Abergavenny and Sir Thomas Neville's Bill.
Hodie 2a vice lecta est Billa, An Act for Assurance of a Jointure to Dame Francis, Wife of Sir Thomas Nevill, Knight, Son and Heir Apparent of Sir Henry Nevill, Knight, Lord Abergavenny; and to enable the same Lord and Sir Thomas to sell certain Lands, for Payment of their Debts, and Preferment of their Younger Children.
Committed unto the
L. Archbp. of Cant.
E. of Essex.
E. of Westmerland.
L. Bp. of Norwich.
L. Bp. of Rochester.
L. Bp. of Co. et Lich.
|The Lord Chief Baron,||To attend the Lords.|
|Mr. Baron Treavor,|
|Mr. Attorney General,|
|Mr. Serjeant Crew,|
To meet on Friday next, at Eight of the Clock in the Morning, in the Painted Chamber.
Lady Purbeck's Privilege.
Upon the Reading of the humble Petition of Thomas West, Prisoner in The Fleet, for arresting of the Lady Purbeck, contrary to the Privileges of this House; it is this Day Ordered, That the said Thomas West shall be discharged and set at Liberty, paying the ordinary Fees.
Report from the Committee of Petitions; concerning Pinckney.
The Lord President reported to the House the Proceedings of the Lords Committees for Petitions, in the Petition of one Tymothy Pinckney, who exhibited his Petition here in Parliament, Anno 21° Jacobi; upon which this House made an Order, dated 28 Maii 1624, directing a Commission to be granted out of the Chancery; and that the said Tymothy Pinckney resorted to the late Lord Keeper (the Lord Bishop of Lincolne), desiring the said Commission accordingly; which the said Lord Keeper refused to grant, slighting the said Order, notwithstanding that it was signed by divers of the Lords Committees appointed to peruse the Journal Book, testifying the same Order was truly entered by the Clerk.
Whereupon the said Tymothy Pinckney hath exhibited his Petition of Complaint this Parliament.
The Lords Committees for Petitions, taking this into
their Consideration, appointed the said Pinckney to produce his Witnesses, to prove the said Lord Keeper's
Refusal to grant the said Commission, according as it
was required by the said Order; and that thereupon these
were first sworn here in the House, and examined by
the said Committee; videlicet,
Pinckney's Petition, complaining of the Bishop of Lincoln, read.
The House, taking this Contempt of their Order into their Consideration, commanded to be read, the Petition of the said Tymothy Pinckney, and the Depositions of the said James Kynnedy, Edward Ferrers, and Ann Pinckney; and Ordered, that Sir Charles Cæsar, Knight, and Sir Robert Rich, Knight, Two of the Masters of the Chancery, should repair unto Kelwood (who was also present when the said late Lord Keeper refused to obey the said Order), and minister an Oath unto him, and examine him thereupon, what he knoweth of any Notice given to the said late Lord Keeper of the said Order, and what Answer his Lordship made thereunto, and who were present.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Jovis, 2m diem instantis mensis Martii, hora nona, Dominis sic decernentibus.