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accordingly, it was ordered, that the Judges should have time till Tuesday the 20th of March 1625, to deliver their opinions touching the office of Great Chamberlain. And on that day, when the Judges delivered their opinion to the house, the petition of William, Earl of Derby, and the Lady Elizabeth, his wife, was read in the House of Lords, then, and not till then, the Countess of Derby was before the house as a third competitor for this high dignity, conceiving that her title, as the eldest daughter of Edward, late Earl of Oxford, father of Henry, Earl of Oxford, ought to be preferred before the title of Lord Willoughby, who claimed by the more remote title of cousin and heir general of the last named Henry, Earl of Oxford; the Earl and Countess of Derby in their petition assigned the reason which induced them to defer such petition, viz. "Who, in honour to the name of Veres, have hitherto been silent."

The Duchess Dowager of Atholl is heir of the bodies of the said William and Elizabeth, Earl and Countess of Derby.

The questions referred to the consideration of the Judges touching the office of Great Chamberlain of England, were, 1st, Whether the Earl of Oxon, who made the intail of the office, was at that time seised of the office? 2d, Admitting that he were seised of it, then, whether such an office may be conveyed by the way of limiting of uses?

The Lord Chief Justice reported to the house, that according to the orders of the 20th and 22d Martii, he and his brethren had again considered of the title to the office of Lord Great Chamberlain, and that three of them were of one mind, and two of them of another; wherefore they were ready to deliver their opinions severally, and their reasons for the same. Three of the Judges accordingly delivered their opinions in favour of the heir general, and the other two in favour of the heir male, and it was afterwards on the same day ordered, that counsel should be heard at the bar on Thursday morning then next, upon the petition of the Earl of Derby, and the Lady Elizabeth, his wife, for the said office of Lord Great Chamberlain of England, and that the Lord Willoughby's counsel should be then heard also.

The house, after much debate and long consideration had of the opinions and arguments of the Judges, agreed, that the said office of Lord Great Chamberlain was come and descended unto the heir general of the last Earl of Oxon.

And it is conceived to be very material to observe, that the question of fact, Who was such heir general, whether the Countess of Derby, or the Lord Willoughby? was the subject matter of future enquiry.

Preparatory thereto, on the same 31st of March 1626, it was ordered and agreed, that the counsel of the Earl of Derby, and of the Lord Willoughby, should be heard the next morning, if they could be there then; if not then, in the afternoon of the same [166] day peremptorily. Accordingly the counsel for the Earl of Derby, and Elizabeth, his wife, and the counsel for the Lord Willoughby, did in the afternoon argue the several titles of the said Elizabeth, and of the said Lord Willoughby, to the said office of Lord Great Chamberlain of England. And being withdrawn, it was agreed upon the question, that the said office descended unto the said Lord Willoughby, as cousin and heir general to Henry, last Earl of Oxon, deceased.

The certificate of the Lords delivered to the King, states the petitions of Lord Willoughby and the Earl of Oxford, and a reference thereof to the house. And that afterwards William, Earl of Derby, and the Lady Elizabeth, his wife, in right of the said Lady Elizabeth, eldest daughter to Edward, late Earl of Oxford, preferred their petition, which had also been referred to the House of Lords. The certificate then proceeds to the following effect: According to your Majesty's pleasure thus signified unto us, we called all the said Lords competitors, and at several days heard their counsel learned on either side; and after long debate, we finding there did arise some points in law of difficulty, worthy the consideration of the reverend and learned Judges, we desired their advice therein, and they taking these points of law into their serious consideration, after deliberation of ten days, returned unto us this answer: the greater number of the Judges did resolve, that for the office of Great Chamberlain of England, it doth belong to the Lord Willoughby, as heir general to Henry, Earl of Oxon, who was last seised, and died seised of the said office. Upon which opinion of the Judges, and upon deliberate consideration of all which hath been offered unto us on each party, we offer unto your Majesty our humble opinions and advice, That the said office of Great Chamberlain of England may be declared