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 Lunæ, 6 die Martii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Absent Lords excused.
Committee appointed to consider of the Safety and Defence of the Kingdom.
The House being put in Mind, That their Lordships had now sat a Month, and yet not considered of the State the Realm now stands in, a great and potent Enemy (the Spaniard) being exasperated, and in preparing of great Forces for an Invasion; and therefore their Lordships were moved to appoint a Committee, to consider of the Safety and Defence of the Kingdom in general, and in particular of the Safe-guard of the Sea, of the Store of Munition and Arms, and all Things incident thereunto, and of fortifying the Forts.
The Names of the Lords Committees appointed this Day, to take Consideration of the Safety and Defence of the Kingdom: videlicet,
|The Lord Chief Justice,||
To attend the Lords.
Lord Chief Baron,
Mr. Justice Yelverton,
Mr. Attorney General,
Mr. Serjeant Crew,
To meet To-morrow Morning, at Eight of the Clock, in the Painted Chamber; and to report to the House such Particulars as from Time to Time they shall be agreed on.
L. Willoughby versus E. of Oxford, Competitors of the Earldom of Oxford.
This Day was heard at the Bar, the Counsel Learned for the Two Competitors for the Earldom of Oxford, etc.
The Two Petitions of the said Competitors were first read.
The Counsel for the Lord Willoughby (the Heir General) was first heard.
And then the Counsel for the Heir Male.
(fn. 1) Quare plus de boc Memorandum, for my Clerk entered it out of a loose Paper, which he found in my scribbled Book, without any Directions from me to enter the same, Ideo, Q. H. Elsynge
Memorandum, On this Day, the Counsel for the Heir General shewed, that Albrett de Vere was created Earl of Oxen, by H. II, in Fee: That it descended unto the Heirs General accordingly, until the 16 R. II. Then the King granted the Earldom unto Awbrey de Vere, Uncle and Heir of Robert de Vere, Earl of Oxon, attainted by Parliament Anno 11° R. II. sibi et Hæredibus Masculis; and they endeavoured to prove this Grant not to be an Act of Parliament, though granted in Parliament; and alledged, that, though it were an Act of Parliament, yet it is annulled by the Repeal of the whole Parliament of Anno 11° R. II; and so the said Awbrey was, in his Remitter, in Fee Simple.
On the other Side, the Counsel for the Heir Male confesseth the Grant by H. II, but denieth that it descended to the Heirs until the 16° R II. without Interruption; and for Proof thereof, they produced an ancient Pedigree, which says, that
but could not otherwise prove the same. And they affirmed, that the Grant Anno 16° R. II. Hæredibus Masculis, was in full Parliament, and by Assent of Parliament, and therefore an Act of Parliament. And although the Parliament of Anno 11° R. II, was afterwards repealed Anno 21° R. II; yet that intended not to repeal or make void this Grant, or any Thing else done in the Parliament of 16 R. II.
But the House, being not satisfied, did appoint to hear this Cause again on Wednesday next, at Eight of the Clock in the Morning.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, septimum diem instantis Martii, hora octava, Dominis sic decernentibus.