DIE Lunæ, 20 die Martii,
Domini tam Spirituales
quam Temporales, quorum nomina subscribuntur,
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EARL of Sussex,
|Earl of Leicestre,
Confirmation of Hospitals, etc.
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
"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
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.