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A84081 Errors appearing in the proceeding in the House of Peers in Parliament in the first and second years of the reign of King Charles the First, in the case betwixt Robert De Vere Earl of Oxford, and the Lord Willoughby of Eresby, concerning the office of Great Chamberlain of England. 1661 (1661) Wing E3248; ESTC R176769 5,867 12

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ERRORS Appearing in the PROCEEDINGS IN THE HOUSE Of PEERS IN PARLIAMENT In the First and Second Years of the Reign of King CHARLES the First In the Case betwixt Robert De Vere Earl of Oxford and the Lord Willoughby of Eresby Concerning the Office of Great Chamberlain of England LONDON Printed in the Year 1661. Errors appearing in the Proceedings in the House of PEERES in Parliament in the First and Second yeares of the Raign of King Charles the First in the Case betwixt Robert de Vere Earl of Oxford and the Lord Willoughby of Eresby concerning the Office of Great Chamberlain of England THe Intention of the KINGS Reference directing the Lords in Parliament to take the Judges Assistance and advice in matter of Law was not performed when they took the opinion but of Five Judges which were not half of the Judges of England Did not certifie the King according to his Reference ●hat they found but only the majority of the Judges opi●●ons Did give their advice when they were only to certifie ●hat they found and their opinions there being a grand dif●●●ence betwixt an opinion of the Lords in Parliament declaring in which of the Competitors the Right resided and an advice of the Lords in Parliament how and in what manner his late Majestie should declare and settle the Earldome upon One and the Office upon the Other In the Report of the Judges of the 20th of March 1625 to the Peers in Parliament Recorded in the Journals of the House of Peeres there is a manifest Error as concerning the said Office of Great Chamberlain the Baronies of Bulbeck Sandford and Badlesmere for that they do therein mention that the Baronies of Bulbeck Sandford and Badlesmere descended to the general Heirs Of John the Fourth Earl of Oxford who had Issue John the Fifth Earl of Oxford and three Daughters one of them married to the Lord Latimer another to Wingfield and another to Knightley Which John the Fifth Earl of Oxford dying without Issue those Baronies descended upon his said Daughters and Heirs And being not divideable are and do remain in the Crown Whereupon the House agreed upon the Question That the Baronies of Bulbeck Sandford and Badlesmere are in the Kings disposition Whereas in truth It was John the Fourth Earl of Oxford of that Christian name who dyed in 18. H. 8. without Issue And the three Daughters mentioned were neither the Daughters of the said John the Fourth nor of the said John the Fifth But of Sir George Vere Knight third Son of John the Second Earl of Oxford who dyed in primo E. 4. And the said John the Fifth Earl of Oxford was the Father of John the Sixth Earl of Oxford of that Christian name from whom descended Edward Earl of Oxford and Henry Earl of Oxford his Son deceased without Issue and Awbrey de Vere his Second Son great Grandfather of Awbrey de Vere now Earl of Oxford And by the Judges not stating the whole Fact and the Lords in Parliament not certifying as the King required them what they found there happened also other manifest Errors in that Certificate and opinion viz. a making a Descent and Title to the said Lord Willoughby of the Office of Great Chamberlain in Fee which could not be if John the Fifth Earl of Oxford dyed without Issue leaving his three Daughters and Heirs who were as aforesaid severally marryed to the Lord Latimer and to Wingfield and Knightley For that there would then have been a descent to those three Daughters and Heirs of the Office of Great Chamberlain aswell as they supposed of the Baronies of Bulbeck Sandford and Badlesmere Whether they were the Sisters and Heirs as in truth they were of John the Fourth Earl of Oxford who dyed without Issue or the Daughters and Heirs as in truth they were not of John the Fifth Earl of Oxford who dyed not without Issue but hath Issue and Heir Male of his body Awbrey Earl of Oxford now living And if the Office be not dividable or as they concluded the Baronies to be must by their own reasons and opinion be in the King Or if John the Sixth Earl of Oxford Father of Mary the Lord Willoughbies Ancestress was not seized of the said Office in 4. Eliz. when he made the Deed of Uses or Intail Or if he were and did forfeit it by alienating that Office without the Kings Licence or pardon of Alienation which appears by the Arguments of the Lord Chief Justice Crew and Justice Dodridge to be a more then an ordinary point stirred in that case And if Tradition say truth was the only cause of Baron Trevors casting Vote Error and Opinion the Office of Great Chamberlain yet remaineth in the King And if the then Judges had rightly certified the Lords in Parliament in that particular and concerning that point It would have appeared to the Lords in Parliament or to His late Majestie if their Certificate opinion had not been mis-guided that the right of the said Office of Great Chamberlain was in the Ear●s of Oxford according to the antient and constant usage and course of Baronies Offices and Places of Honor in England which hath as may be proved by divers precedents in other Families alwaies taken care that such Honors and Dignities should remain to the Heirs Males on whom the Lands of the Baronies though not the Baronies and Honors themselvs were entailed and passed by the Heirs Female though nearer in blood to the Ancestor which last enjoyed them and settled them upon the Males in a collateral line where the Males of the right line dyed without Issue Male being most agreeable tot he intention and meaning of the Grant of the said Office to Albericke de Vere Ancestor of the now Earl of Oxford by King H. 1. the said Office being not to be executed by a Woman to wear a Staff or attend the King in his Bedchamber Or if the Office of Great Chamberlain of England had in strictness of Law reverted to the Crown and come to the King he might where it was not dividable amongst Heirs Females have settled it as was done in this particular Office of Great Chamberlain upon an Earl of Oxford in 18. H. 8. And when the five Judges nemine dissentiente had the 20th day of March 1625. made their Report and certified their opinion to the House of Peers in Parliament that the Earldom of Oxford by virtue of an Intail by Act of Parliament in 16. R. 2. was descended and of right ought to come to the said Robert Earl of Oxford and the Heirs Male of his body The Lords in Parliament did the 22d. day of that March agree upon the question That the Earldom of Oxford was descended and ought of right to come to the Heir Male nemine dissentiente And agreeing upon the question concerning the said Office of Great Chamberlain that the Judges should consider and report to the House whether the Earl of Oxford who made the