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, 20 die Martii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Confirmation of Hospitals, etc.
Hodie 1a vice lecta est Billa, An Act for Confirmation of Hospitals and Free-schools.
Put to the Question, and Assented unto.
L. Mordant's Privilege.
Upon the Petition of Giles Johnson, Servant to the Lord Mordant, it is Ordered, That the Serjeant at Arms shall cause to be brought before their Lordships Humphrey Sturte, Henry Seare, and William Johnson, for arresting of the said Giles Johnson, upon the Warrant of a Justice of Peace, and giving contemptible Speeches of the said Lord Mordant, and in Derogation of the Privileges of Parliament.
The Petition of William Earl of Darby was read, in hæc verba: videlicet,
"To the King's most Excellent Majesty.
"The Humble Petition of William Earl of Darby, and the Lady Elizabeth his Wife:
E. of Derby's Petition, touching the Earldom of Oxon.
"Whereas Your Majesty hath been graciously pleased to refer to the Hearing of the Lords in Parliament the Claims and Right of Robert Vere and the Lord Willoughby to the Earldom of Oxenford and Office of Great Chamberlain of England; and the Lords, for clearing of Doubts in Law, have desired the Opinion of the Judges before they proceed to give their Voices and Report to Your Majesty;
"Your Petitioners (who, in Honour to the Name of Veres, have hitherto been silent) do most humbly beseech Your Majesty to give Order to the Lords, That, upon the Hearing the Judges Opinions, they forbear to give their Votes for the Lord Willoughby in any Thing that ought to descend upon the Heir General; Your Petitioners conceiving that their Title, in Right of the said Lady Elizabeth, Eldest Daughter of Edward late Earl of Oxon, Father of Henry last Earl of Oxon, ought to be preferred before the Title of the said Lord Willoughby, being more remote.
"And Your Petitioners shall daily pray for Your Majesty's Long and Happy Reign over us."
The which Petition being read, the Lord Keeper signified to the House, That His Majesty hath referred this Petition to their Lordships, in such Manner as He did refer the other Petitions.
Report of the Judges, concerning the Title of the Competitors to the Earldom of Oxford, etc.
Report was this Day made by the Lord Chief Justice, That himself, the Lord Chief Baron, Mr. Justice Dodderidge, Mr. Justice Yelverton, and Mr. Baron Trevour, have, according to the Order of this House (undecimo Martii), considered of the Titles of the Competitors to the Earldom of Oxon, the Baronies of Bolbecke, Sanford, and Baddlesmere, and the Office of Great Chamberlain of England.
And their Opinion is, That the Honour of the said Earldom of Oxon was entailed upon Awbrey de Vere, and his Heirs Males, by the Parliament of 16 R. II. and that an Estate therein to the Heirs Male was sufficiently raised and created thereby, and so reputed and enjoyed by many Descents of the Earls, which could not have been (as the same is limited) if the same had only been an Ordinance in Parliament; and that the said Honour is descended, and now of Right belongeth to Robert de Vere, one of the said Competitors, as Heir Male unto the said Awbrey, by virtue of the said Intail; and as touching the said Baronies of Bolbecke, Sanford, and Baddlesmere, their Opinion is, That the same descended to the General Heirs of John the Fourth Earl of Oxon, who had Issue John the Fifth Earl of Oxon, and Three Daughters, one of them married to the Lord Latimer, another to Winckfeild, and another to Knightly; which John the Fifth Earl of Oxon dying without Issue, those Baronies descended upon the said Daughters, as his Sisters and Heirs; but, those Dignities being entire and not dividable, they became uncapable of the same, otherwise than by Gift from the Crown, and they, in Strictness of Law, reverted unto, and were in the Disposition of King H. VIII. and yet nevertheless they find, that Four several Earls of Oxon, successively after that Descent to the Three Daughters, as Heir Male of the said Earldom, assumed and took upon them those Honours and Titles, in their Writings, Leases, and Conveyances; and their Eldest Sons have been stiled, in the Life-time of their Fathers, by the Name and Title of Lord Viscount Bolbecke, and so reputed to be, the which they humbly leave to your Lordships Considerations.
Office of Great Chamberlain.
And as touching the Office of Great Chamberlain, the Lord Chief Justice further reported, That the major Part of the Judges, videlicet, Three of the Five Judges, were of Opinion, That the same did belong unto the Heir General, the now Lord Willoughby; but, when they had perused divers Notes of Grants of the said Office, some ad placitum, and some for Life, unto others, who were not of the Name of Vere, by R. II. and divers other Kings; they all thereupon desired Time to peruse the Records, and to search upon what Causes the said Grants were made, and further to inform themselves of the said Cause, before they deliver any resolute Opinion therein.
Ordered, That the Judges shall have Time till Tuesday next Week, to deliver their Opinions touching the Office of Great Chamberlain; and, if they do not then agree in Opinion, to be heard severally.
Ordered, That the Title of the Earldom of Oxon and the Baronies shall be decided on Wednesday next.
The Lord President reported the Bill for Sutton's Hospital fit to pass, with one Proviso to be added for the Lord North.
The which Proviso was read 1a et 2a vice, and Ordered to be ingrossed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 22m diem instantis Martii, hora nona, Dominis sic decernentibus.