Die Jovis, 8 Februarii, 1648.
* * * * (fn. [b]) .
ORDERED, That Sir William Massam be admitted.
Ordered, That Sir William Massam be added to the
Committee of the Army.
The King's Funeral.
Colonel Harrison reports from the Committee appointed to consider of the King's Corpse, the Resolutions
of the said Committee, concerning the same.
Resolved, &c. That this House doth approve of Windsor to be the Place for the late King's Burial: And doth
approve of the Carrying of his Body to Windsor for that
Purpose; and that the Funeral be To-morrow.
Resolved, &c. That this House doth approve, that the
Duke of Richmond, Marquis of Hertford, Earl of Lindsey,
Earl of Southampton, and Dr. Juxon, with Three Servants apiece, do attend the Funeral of the late King.
Resolved, &c. That it be left to the said Duke of Richmond, to take Order for the Place of the King's Burial to
be in Windsor, either in H. VIII. his Chapel, or the Choir
there, as they shall think fit: And that the Circumstances and Manner of the Interment be wholly left to
the Duke of Richmond: And that the same Committee
do provide Money for defraying the Charges of the
Funeral, not exceeding the Sum of Five hundred
Justices of Peace.
Mr. Martyn, Colonel Harrison, Sir Michael Livesey,
Mr. Harbert, Mr. Humphry Edwards, Colonel Lassels,
Sir Gregory Norton, Mr. Weaver, Mr. Dixwell, Mr.
Blagrave, Mr. Pyne, Sir Tho. Widdrington, Mr. Scott,
Mr. Miles Corbett, Mr. Hill, Sir William Allanson, Mr.
Love, Mr. Lister, Colonel Waite, Mr. Masham, Mr.
John Goodwyn, Mr. Clement, Lord Munson, Lord Grey,
Mr. Challener, Mr. Frye, Colonel Jones, Mr. Allen, Mr.
H. Smith, Lord Lysle, Sir Wm. Massam, Mr. Garland,
Colonel Stapley, Mr. Bond, Mr. Anlaby, Mr. Prideaux,
Mr. Heveningham, Colonel Ludlow, Sir Wm. Constable,
Mr. James Ashe, Mr. Temple, Sir John Bourchier, Mr. *
Martyn, Mr. * Salwey, Lieutenant-General Crumwell,
Mr. Lysle, Mr. Carey, Serjeant Thorpe, Sir William Brereton, Mr. Say, Mr. Blakiston, Mr. Cawley, Mr. Boone,
Colonel Wogan, Mr. James Challener, Mr. Gurdon, Alderman Wilson, Mr. Whitlock, Colonel Morley, Colonel
Ayres, Colonel Purefoy, Colonel Sydney, Mr. Dove, Mr.
This Committee are to view the Commissioners of the
Peace; and to present the Names of fit Persons to be
named in new Commissions of the Peace, within the
several Counties of England and Wales: And the Commissioners of the Great Seal are to issue Commissions to
such Persons as shall by them be presented. And this
Committee are to meet at Two of the Clock, this Afternoon, in the Speaker's Chamber: And have Power to
send for the Book of the Peace, and other Papers,
Records, &c. And those Members of the House who
shall recommend any Persons to be Justices of the Peace,
are to subscribe their Names to such Requests: And the
Care hereof is recommended to Mr. Weaver and Mr.
South Wales Sequestrations.
Ordered, That the Committee of the Army have Power
to confer with some of the Commissioners of South Wales,
and the County of Monmouth, as also with Colonel Horton, and the rest of the Gentlemen of Wales now in
Town, in relation to the Settlement of those Parts, in
Proceeding with, and Regulating of Sequestrations; and
how such also as are poor, may . . eased: And have
hereby Power, upon the whole Matter, to bring in an
Act to that Purpose.
Commissioners of Sewers, &c.
Ordered, That the same Committee, upon any Commission of Sewers desired, do consider of the Names of
the Persons to be inserted into such Commissions; and
certify them to the Commissioners of the Great Seal;
and the like for the Commission for charitable Uses.
Ordered, That the Commissioners of the Great Seal be
required not to place any Persons in any Commission of
the Peace, Sewers, or charitable Uses, other than such
as are certified unto them by this Committee.
Mr. Miles Corbett reports from the Committee of the
Navy, an Act, for authorizing the Lord Admiral, or
Commissioners for the Admiralty, for the Time being,
appointed by the Commons in Parliament, to impress
Mariners, Seamen, &c. for the Service in the Summer
Fleet: Which was read the First and Second time; and,
upon the Question, committed to the Committee of the
Mr. Humphry Edwards, Mr. Weaver, Commissary
General Ireton, Mr. Lechmere, be added to the Committee of the Navy.
Rewards to Seamen.
Ordered, That it be referred to the Committee of the
Navy, in the said Act, to consider of fit Rewards to be
given to such Seamen, Mariners, and others, as shall take
or surprise any Ships from the Enemies of the State, for
their better Encouragement.
Be it Enacted, by this present Parliament, and the Authority of the same, That Sir Thomas Widdrington Knight,
and Bullstrode Whitlock Esquire, Members of this House,
and two of the Commissioners for the Great Seal of
England, be, and are hereby, required and authorized to
bring the said Great Seal into this House forthwith to be
disposed of, as this House shall think fit.
Memorandum, That Sir Thomas Widdrington Knight,
and Mr. Whitlock, Two of the present Commissioners
for the Great Seal, according to an Act in that Behalf, did this Day bring the Great Seal into the
House; and delivered the same into the Hands of
Mr. Speaker; the House then sitting.
Ordered, That the said Great Seal be forthwith broken.
Memorandum, That the said Great Seal was broken in
several Pieces in the House, sitting.
Ordered, That the several Pieces of the said Seal broken,
and the Purse, be delivered to Sir Thomas Widdrington,
and Mr. Whitlock, to be disposed of at their Pleasure.
Subscribing Acts by Clerk.
Ordered, That the Clerk of this House be required
from henceforth, to subscribe all Acts, Orders, and Proceedings of this House, by the Name of Clericus Parliamenti.
An Act for establishing the Seal made by Order of
this House, to be the Great Seal of England, was this
Day read the First and Second time; and committed to
the Committee appointed to bring in an Act for authorizing new Commissioners for the said Great Seal.
Mr. Speaker reports the Answer of the Judges; That
Baron Trevor, Justice Bacon, Justice Cresheld, Baron
Atkins, Justice Browne, and Justice Bedingfeild, desire to
be excused from accepting new Commissions to be
Judges: And that the two Lords Chief Justices of both
Benches, the Lord Chief Baron, Justice Jermyn, Justice
Phesant, and Baron Gates, are willing to accept of Commissions: But desired the House to declare, That the
Judges shall proceed according to the Laws and Statutes
of this Kingdom.
Declaration respecting Judges.
Ordered, That Mr. Prideaux, Mr. Hill, Mr. Love,
Mr. Say, Mr. Martyn, Lieutenant General Crumwell,
Mr. Whitlock, do withdraw; and prepare a Declaration
upon the Sense of the House.
Mr. Love reports the Amendments to an Act for establishing and authorizing a Great Seal of England: Which
were Twice read; and, upon the Question, agreed to;
Ordered, That Mr. Corbett and * * Mr. Love do bring
in an Act for making it High Treason to counterfeit the
Great Seal now established.
Resolved, &c. That Sir Thomas Widdrington, upon his
humble Request to the House, be excused from being
nominated a Commissioner of the Great Seal.
Ordered, That the Sum of Two hundred and Fifty
Pounds which will be due on the last Day of this Term,
to Sir Thomas Widdrington, as one of the Commissioners
for the Great . . . ., for his Salary for this present Quarter, shall be paid unto him accordingly.
Ordered, That Sir Thomas Widdrington, one of the
Members of this House, late one of the Commissioners
for the Great Seal of England, as a Mark of Honour
unto him, and in Acknowledgment of his faithful Discharge of that Trust, shall, in all Courts of Westminster,
practise within the Bar; and have Precedency in place
next to the former Commissioners for the Great Seal.
Resolved, &c. That Bulstrode Whitlock Esquire, Serjeant at Law, be nominated and appointed one of the
Commissioners for the Great Seal.
Resolved, &c. That John Lisle Esquire be one of the
Commissioners for the Custody of the Great Seal.
Resolved, &c. That there be a further Addition of a
Name for Commissioners for the Custody of the Great Seal.
Resolved, &c. That Mr. Serjeant Keeble be one of the
Commissioners for the Custody of the Great Seal.
Ordered, That Bulstrode Whitlock Esquire, Serjeant at
Law, be at Liberty, at such time as he shall think fit, to
be sworn a Serjeant at Law, privately, without the ordinary
Solemnities: And that he have Precedence amongst the
Serjeants at Law, next to Mr. Serjeant Widdrington,
according to former Order of this House.
The Question being propounded, That the Time in
the Act for Commissioners for the Great Seal of England
be, quamdiu se bene gesserint;
It passed with the Affirmative.
Ordered, That Mr. Love do bring in an Act for Continuing the like Salary, as formerly, to the Lords Commissioners of the Great Seal.
Resolved, &c. That the Act for appointing Commissioners for the Great Seal of England be made to the said
Commissioners, quamdiu se bene gesserint;
An Act for committing the Great Seal of England into
the Hands and Custody of Commissioners was this Day
read; and, upon the Question, passed.
Declaration respecting Judges.
Mr. Hill reports from the Committee appointed to
withdraw, a Declaration: Which was read; and, upon
the Question, passed; and followeth, in hæc verba;
The Parliament of England, now assembled, do Declare,
That, being fully resolved to maintain the fundamental
Laws of this Nation, for the Good of the People; and
having appointed Judges for the Administration of Justice, in Execution thereof; do expect, That they proceed accordingly.
Ordered, That this Declaration be forthwith printed
Ordered, That the Committee to whom the Answer
to the Papers of the Scotts Commissioners, . . . . . . be
injoined to report it To-morrow.
Ordered, That such Monies as will be due on the last
Day of this Term, to the Earl of Kent, and Lord Grey
of Werke, for their Salary, as Commissioners for the
Great Seal, be paid unto them accordingly.
Ordered, That Mr. Speaker have Power, and is hereby
authorized, to administer the Oath appointed this Day,
for the Lords Commissioners of the Great Seal of England:
And that they take the said Oath by holding up their
Hands: And to deliver the Seal unto the said Lords
The Form of an Oath, to be administred to the Commissioners of the Great Seal of England, was this Day
read; and, upon the Question, assented unto; and followeth, in these Words; viz.
WHEREAS by an Act of this present Parliament,
and by Authority thereof, you are made Lords Commissioners of the Great of England: You shall swear, That
well and truly, according to your Skill and Knowledge,
you will perform your Duty in the Execution of the said
Office, according to Law, Equity, and Justice.
Ordered, That the Lords Commissioners of the Great
Seal be, and are hereby, appointed to provide a Purse
for the Great Seal of England.
Ordered, That the Great Seal of England be kept in
the Place where the other Great Seal was kept, in Mr.
Resolved, &c. That an Oath be administred unto all
the Judges respectively.
An Act for repealing a Clause in one Act made this
present Parliament, intituled, An Act for the preventing
of Inconveniencies happening by the long Intermission of
Parliaments, was this Day read; and, upon the Question,
Memorandum: The House being informed by the
Serjeant, That Mr. Serjeant Keeble was at the
Door; he was ordered to be called in, by the
Serjeant, with his Mace.
Mr. Serjeant Whitlock, Mr. Serjeant Keeble, and Mr.
Lysle, came unto the Clerk's Table of this House, the
House fitting: And Mr. Speaker, being in the Chair, did
declare, That this House had appointed them Lords
Commissioners for keeping the Great Seal of England;
and authorized him to administer unto them an Oath.
Which Oath was accordingly administred by Mr.
Speaker, and taken by all the said Commissioners; unto
whom Mr. Speaker did now, according to former Order,
deliver the Great Seal: Which all of them received;
and so departed out of the House, the Serjeant going before
them, with the Mace on his Shoulder.
Sir Thomas Widdrington reports from the Committee
appointed for that Purpose, the Form of an Oath to be
administred to the Chief Justice of the Upper Bench,
formerly called the King's Bench.
The Form of the Oath to be taken by the Justices of
either Bench, was this Day read; and, upon the Question,
assented unto; and followeth, in these Words; viz.
YE shall swear, That well and truly ye shall serve the
Parliament and People, in the Office of Chief Justice of
the Upper Bench, formerly called the King's Bench:
Ye shall not give any Council, or assent to any thing,
which may turn to the Damage of the Parliament and
People, by any way or Colour: Ye shall do equal Law
and Execution of Right to all the People, Rich and Poor:
Ye shall not take by you, or by any other Person, privately nor openly, any Gift or Reward of Gold, or of
Silver, or any other Thing, which might turn you to
Profit, of any Man that shall have any Plea or Process
hanging before you, as long as before yourself the Pleas
and Processes shall be hanging; nor after, for that Cause:
Ye shall take no Fees nor Livery of any Person, as long
as ye shall be Justice, but of the Parliament, and by
their Allowance: And, in case any Person or Persons
come before you, in your Sessions or Assizes, with Force
and Arms, or otherwise against the Peace, to disturb the
Execution of Justice; or do menace the People, that
they may not prosecute the Law; ye shall cause them to
be arrested, and put them in Prison: And, in case they
be such as ye may not arrest; ye shall then certify the
Parliament, or the Council of State, by their Authority
appointed, of their Names, and of their Misdoings: Ye
shall not maintain by yourself, nor by none other, privily
nor openly, any Plea or Quarrel, hanging in the Courts
at Westminster, or elsewhere in the Country: Ye shall not
delay any Person Common Right for any Letters, or other
Cause; but shall proceed to do the Law, the same notwithstanding: Ye shall procure the Profit of the Commonwealth in all Things ye may reasonably do: As
God ye help.