DIE Mercurii, videlicet, 1 die Martii,
Domini tam
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
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EARL Marshal, |
Excused, etc. |
| Earl of Leicester, |
| Lord Bishop of Rochester, |
| Lord Berkley, |
| Lord Denny, |
| Lord Brooke, |
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.
"Sheweth,
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,
"CHARLES R.
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
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L. Archbp. of Cant. L. Treasurer. L. President. L. Chamberlain. E. of Essex. E. of Westmerland. L. Bp. of Norwich. L. Bp. of Rochester. |
L. Bp. of Co. et Lich. L. Dacres. L. Dudley. L. Vaux. L. Crumwell. L. North. L. Spencer. L. Mountague. L. Vere. |
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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,
James Kynnedy.
Edward Ferrers.
Ann Pinckney.
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.
Adjourn.
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.