On the 20th of August, it was ordered, “That the Lord Chancellor and Mr. Attorney General do attend the Lords Committee, which are to meet this afternoon, to advise them, in point of law, concerning the Marquis of Worcester’s Patent.”[H] Then on the 23rd of August, the Marquis of Dorchester reports from the Committee, “That the Marquis of Worcester confessed to their Lordships, that a Patent was made, and left in his hands, by the King, to create him Duke of Somerset, upon certain conditions, which never yet were performed; that he made no use of it; that the said Patent is in the hands of his son the Lord Herbert; and his Lordship is willing to deliver it up to his Majesty.”
A message was sent to the House of Commons, by Justice Tyrrell and Justice Turner:
“To let them know, that the Marquis of Worcester hath acknowledged that the Patent of the Dukedom of Somerset was made to him upon conditions on his part to be performed, which he hath not performed; and that therefore he hath not assumed the place or title, and is willing to submit it to be surrendered, or otherwise disposed, as the King should appoint; but that it is in the hands of his son the Lord Herbert, who is a member of the House of Commons; and therefore to desire that the Lord Herbert may deliver it up to the Marquis of Worcester.”[I] Then it was on the—
1st of September, “Ordered, That the Committee formerly appointed to examine the business concerning the Marquis of Worcester’s patent do meet on Monday next, in the afternoon, peremptorily: And these Lords following are added to that Committee:—
Comes Bristol.
Comes Bridgwater.
Comes Clare.
Viscount Montagu.
Viscount Maynard.
Viscount Petre.