Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Saturday, June the 4th, 1659.
A BILL for constituting John Bradshaw Serjeant at Law, Thomas Terryll Esquire, and John Fountaine Esquire, Commissioners of the Great Seal of England, was this Day read the First and Second time.
A Proviso was tendered to this Act, in these Words; viz. "Provided that this Act, or any thing therein contained, shall not extend to enable the said Commissioners, or any of them, to have, receive, or take any the Fees, Profits or Perquisites heretofore belonging to the said Commissioners, or had or taken by any Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal of England, as belonging, due, or payable to them, or any of them, as Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal of England; but that all the Benefit, Fees, Profits, and Perquisites of or belonging to the said Commissioners, be sequestered, saved, reserved and paid to the Use and Benefit of the Commonwealth, according to former Order of Parliament, in that Behalf made:" Which was read the First and Second time.
Resolved, That the Word "Office," in the Sixth Line, and in the Fifteenth Line of this Proviso, be omitted; and the Word "Commissioners" inserted, instead thereof.
And the said Proviso, so amended, was agreed unto; and ordered to be Part of this Bill.
Resolved, That these Words, in the Fourth Line; viz. "Serjeant at Law;" be omitted out of this Bill.
The Act, so amended, being put to the Question, passed.
Ordered, That Major Salway, Mr. Scot, and Mr. Lechmere, do withdraw, and prepare an Oath to be taken by the Commissioners for Custody of the Great Seal.
Major Salway reports, an Oath to be taken by the Commissioners: Which was read; and was in these Words; viz. "You shall swear, that you shall be true and faithful to this Commonwealth, as it is declared by Parliament, without a single Person, Kingship, or House of Peers; and that you shall well and truly execute the Office of one of the Commissioners of the Great Seal of England, according to the best of your Skill, Knowlege and Power. So help you God."
Resolved, That this be the Oath to be administered to the Commissioners of the Great Seal.
Ordered, That Major Salway and Mr. Love do withdraw, and shew the Oath, which is to be taken by the Commissioners, unto the said Commissioners.
Ordered, That Mr. Speaker have Power, and is hereby authorized, to administer the Oath appointed this Day for the Commissioners of the Great Seal of England; and that they take the said Oath by holding up their Hands; and to deliver the Seal to the said Commissioners.
Privilege-Case of Nevill and Stroode.
The Justices of the Court of Common-Pleas did, according to former Order, this Day bring in to this House the Record, in that Court adjourned to the Parliament for Difficulty. And Mr. Justice Atkins and Mr. Justice Archer, after usual Obeisance made, came up to the Clerk's Table: And there, Mr. Justice Atkins, addressing himself to the Speaker, acquainted the House, That this Parchment-Roll, which he produced, contains a Transcript of a Record remaining in the Common-Pleas; wherein Mr. Nevill is Plaintiff, and Mr. Stroode, High-Sheriff of the County of Berks, Defendant.
Mr. Nevill hath had a Verdict in the Cause; and prayed Judgment: But the Judges of that Court finding, that it concerned the Privilege of Parliament, therefore they thought not fit to proceed to Judgment, until the Judgment of This House be had therein; That they shall humbly submit to what you shall order therein.
Major Salway reports, That he and Mr. Love have shewed the Oath to be administered to the Commissioners of the Great Seal, unto Mr. Thomas Terryll, and Mr. John Fountaine, Two of the said Commissioners: And that they expressed themselves very free to the Matter contained in this Oath; and are ready to take the same, when it shall be tendered them.
The Serjeant went with his Mace to attend the Commissioners of the Great Seal into the House: Who, being come to the Bar, did there, and in the middle of the House, and at the Clerk's Table, make several Obeisances: And, standing at the Table, first, Mr. Terryll holding up his Hand, Mr. Speaker administered the Oath unto him: And he was sworn at the Clerk's Table.
And afterwards, Mr. Fountaine holding up his Hand, Mr. Speaker administered the Oath to him: And he was sworn at the Clerk's Table.
And, after the said Commissioners had taken the said Oath, Mr. Speaker, according to the Command and Order of the House, delivered the Seal into the Commissioners Hands: Who received the same; and, after Obeisance made Three several times to the House, withdrew.
Ordered, That the Commissioners of the Great Seal do forthwith issue forth a Commission, under the Great Seal of England, in usual Form, to the Master of the Rolls, and Judges, and other Masters of the Chancery, to be assistant to him, to hear Causes in the Rolls, and Court of Chancery: And that the Oath which was administered to the Commissioners of the Great Seal, mutatis mutandis, be administered by the said Commissioners of the Great Seal, unto the Master of the Rolls, and unto the said Judges, and others assistant to him, as aforesaid.
Ordered, That it be referred unto Major Salway, Mr. Scot, and Mr. Lechmere, to bring in an Act for all Ministerial Officers to take the said Oath, before they be admitted to execute their respective Offices: And this Committee are to meet this Afternoon, in the Speaker's Chamber, at Two of the Clock.
Petition from Kent.
The House being informed, that divers Gentlemen of the County of Kent were at the Door;
They were called in: And, being at the Bar, Captain Taverner, one of the Petitioners, said, "I am commanded by divers ancient Friends and Servants of yours, in the County of Kent, to deliver This their humble Petition unto you;" And thereupon tendered a Petition: Which, after the Petitioners were withdrawn, was read; and was intituled, "The hearty Congratulation, and humble Petition, of divers well-affected Gentlemen, Freeholders, and Inhabitants within the County of Kent, and City of Canterbury."
The Petitioners being again called in; Mr. Speaker gave them this Answer:
"The House hath read your Petition; and find in it Matters of great Weight, and great Care and Affection to the Commonwealth: And they accept of your good Affections and Expressions in your Petition: And have commanded me to give you Thanks: And, in their Names, I do give you the Thanks of this House, accordingly."
Privilege-Case of Nevill and Stroede.
The Rule made in the Cause between Mr. Nevill, and Mr. Stroode, annexed to the Transcript of the Record, delivered in by the Judges was read.
The Question being put, That there be a Day appointed to take this Business into further Consideration;
The House was divided.
The Yeas went forth.
|Mr. Wallop,||Tellers for the Yeas:||30.|
|Sir Jo. Trevor,||With the Yeas,|
|Mr. Robinson,||Tellers for the Noes:||25.|
|Mr. Lister,||With the Noes,|
So it was Resolved, That there be a Day appointed to take this Business into further Consideration.
Resolved, That the Day be Monday Fortnight.
Fleetwood Commander in Chief.
Mr. Scot reports, from the Council of State, A Bill for constituting and appointing Charles Fleetwood Esquire Lieutenant-General, and Commander in Chief, of the Forces raised within England and Scotland: Which was this Day read the First and Second time; and, upon the Question, committed, upon the whole Debate of the House, unto Mr. Darley, Sir Arthur Hesilrig, Lord Whitlock, Sir James Harrington, Colonel Feilder, Colonel White, Dr. Palmer, Sir Henry Mildmay, Mr. Lister, Sir Henry Vane, Colonel Birch, Colonel Purefoy, Sir John Trevor, Colonel Wauton, Mr. Robinson, Mr. Reynolds, Mr. Holland, Mr. Say, Major Salwey, Mr. Scot, Lieutenant-General Ludlow, Mr. Wild, Colonel Bennet, Colonel Jo. Jones, Earl of Penbrooke, Mr. Skynner, Mr. Love, Mr. Smith: And all that come to have Voices; And this Committee are to meet in the Speaker's Chamber, this Afternoon, at Two of the Clock: And Mr. Say is to take care of it.
Mr. Scot also reports, A Bill constituting Commissioners for Nomination of Commission-Officers for the Forces in England and Scotland, directing the Granting of Commissions to them: Which was this Day read the First time.
Resolved, That this Bill be now read the Second time.
The said Bill was now read the Second time, accordingly; and, upon the Question, committed to the said Committee, to whom the Bill for constituting Charles Fleetwood Esquire, Lieutenant-General and Commander in Chief, &c. was committed.
Ordered, That the House be resolved into a Grand Committee on Monday Morning next, upon the Bill for Indemnity, and upon the Petition and Address of the Army: And that Mr. Speaker do then forbear to take the Chair.
The House adjourned itself until Monday Morning, Eight of Clock.