House of Lords Journal Volume 6
11 October 1643

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1767-1830

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'House of Lords Journal Volume 6: 11 October 1643', Journal of the House of Lords: volume 6: 1643 (1767-1830), pp. 252-254. URL: http://www.british-history.ac.uk/report.aspx?compid=37367 Date accessed: 19 April 2014. Add to my bookshelf


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DIE Mercurii, 11 die Octobris.

PRAYERS.

Lords present:

Lord Grey of Warke, Speaker.

E. Pembrooke.
E. Bollingbrooke.
E. Essex.
E. Denbigh.
E. Stamford.
L. Viscount Say & Seale.
Ds. Howard.
Ds. Hunsden.
Ds. Wharton.

Lord Mayor Elect to be presented to this House, for Approbation.

Ordered, That the Lord Mayor Elect of London shall come to this House on Monday next, to receive Approbation of this House to be (fn. *) Lord Mayor, as the last Lord Mayor was.

Dr. Temple to preach before the Lords on Sunday.

The House being informed, "That Mr. Callamy is in a Course of Physic, and will not be able to preach on Sunday next before their Lordships:" Hereupon this House appointed that Mr. Dr. Temple shall supply his Place.

Report of the Conference about the Great Seal.

Next, the Speaker reported the Effect of the Conference with the House of Commons Yesterday; which was, "That the House of Commons, divers Months since, presented to their Lordships divers Votes concerning the Great Seal, wherein they desired their Lordships Concurrence; and since, because of the Absence of the Great Seal which should attend the Parliament, new Mischiefs have sprung up, which causes a Necessity to have a Great Seal more at this Time than other, in respect of the Use which hath been made of the Great Seal at Oxford against the Parliament and their Proceedings:

Votes about it.

"1. Considering the clandestine going away of the Lord Keeper (who is a sworn Officer) with the Great Seal from the Parliament, and as soon as he came to Oxford it was taken from him, and put into another's Hand, as appeared by the Lord Keeper's own Letter: When Writs were sent to him to be sealed, he returned Answer, That the Seal was not in his Hands, but Mr. Porter's.

"2. There hath, by virtue of the Great Seal being at Oxford, Commissions for raising Armies against the Parliament issued out, and Commissions to new Sheriffs, and an extraordinary Power put into their Hands, Commissions of Array, Proclamations to proclaim His Majesty's good Subjects to be Traitors, Commissions of Oyer and Terminer to proceed against those that have held with the Parliament; and One instar omnium, the Commission to Mr. Tompkins and others, for Destruction of the Parliament, City, and Kingdom; also a Proclamation lately come forth, for seizing the Estates of all Parliament Men and any that adhere to the Parliament.

"3. That the Great Seal is now put into the Hands of Sir George Radcliffe, a Person impeached of High Treason by the Parliament; whereas the Great Seal should be in the Hands of a sworn Officer, and none else.

"Besides these Considerations, the absolute Necessity of preserving the Government of this Kingdom, and the Administration of the Justice thereof, enforces the Parliament to provide a new Great Seal, to attend the Parliament, according to the Law, for there is now a general Stop and Denial of Justice, none being permitted to have the Use of the Great Seal at Oxford; whereby the Dissolution of this present Parliament is in great Danger, for new Writs of Elections have been denied, to supply the House of Commons with Members in the Rooms of those as are void by Defection, Apostacy, and Death; therefore it (fn. *) is absolutely (fn. †) necessary to have a Great Seal to attend the Parliament, for the Preservation and Continuance of it.

"Also the ordinary Proceedings at the Law are obstructed, whereby the Subject should be relieved, as no Writs of Errors can be granted for Reversal of Erroneous Judgements, Original Writs, Writs of Assise which are festina Remedia, Writs to supply Churches within Six Months, which admits no Delay, no Fines or Recoveries, Writs of Habeas Corpus, or Dower, Judges Commissions; and many other Writs as are for the speedy Relief and Benefit of the Subject cannot be had, by reason the Great Seal is at Oxford.

"All these considered, the House of Commons desire (fn. ‡) their Lordships Concurrence in the Votes for making of a new Great Seal, to attend the Parliament, for the Dispatch of the Business of the Kingdom."

The House, taking into serious Consideration the Necessity of preserving the Government of this Kingdom, and His Majesty's Authority in Parliament, and the Being thereof, and the Preservation of the Administration of the Justice of this Kingdom; and perceiving, by the Mischiefs, how absolutely necessary it is to have the Great Seal attending the Parliament, for the Reasons aforesaid:

A new Great Seal to be made, for the Use of the Parliament.

After a mature Debate, this Question was put,

"Whether a Great Seal of England shall be forthwith made, to attend the Parliament, for Dispatch of the Affairs of the Parliament and the Kingdom?"

And it passed Affirmatively.

Message to the H. C. that the Lords agree to the Ordinance about the Merchants Adventurers.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeilde and Doctor Ayliff:

To let them know, that this House agrees to the Ordinance concerning the Merchant Adventurers, with the Alterations.

Message from thence, to expedite it;

A Message was brought from the House of Commons, by Sir Henry Vane Senior:

1. To desire their Lordships would please to give Expedition to the Ordinance touching the Merchant Adventurers.

with an Ordinance;

2. To desire Concurrence in an Ordinance concerning the associated Counties, under the Earl of Manchester. (Here enter it.)

Read, and Agreed to.

about securing the 8000 l. raised for the Lord General's Army;

3. To desire Concurrence in an Alteration in the Ordinance for Securing Eight Thousand Pounds, advanced for the paying the Lord General's Army.

(Here enter it.)

Read, and Agreed to.

and to expedite the Ordinance about Salt-petre.

4. To desire Expedition in the Ordinance concerning the making of Salt-petre.

The Answer returned was:

Answer.

That this House agrees to the Two Ordinances now brought; and concerning that touching Salt-petre, it remains at the House of Commons.

Sequestration of the E. of Westmorland's Estate.

Ordered, That the Petition of the Earl of Westm. concerning his Estate being sequestered, and it appearing that the Rate of Two Thousand Pounds was laid upon him for the Twentieth Part, is referred to the speedy Consideration of the Committee for Sequestrations.

Commissioners of the Excise to reimburse themselves 8000 l. advanced for the immediate Supply of the Lord General's Army.

"Whereas Mr. Alderman Towse, and the rest of the Commissioners of the Excise, have advanced, according to the Order of both Houses of the 7th of October Instant, unto Sir Gilbert Gerrard, for the Use of my Lord General's Army, the Sum of Eight Thousand Pounds: It is this Day Ordained, by the Lords and Commons, That the said Commissioners shall reimburse themselves the said Eight Thousand Pounds, out of the First Money that shall be paid in upon the said Excise within the First Three Months; and are hereby authorized to reimburse themselves accordingly: And it is further Ordained, That the said Commissioners shall be allowed with Interest, after the Rate of Eight Pounds per Centum, for such Time as they shall be out of their Money."

Ordinance to enforce those for Assessment, &c. in the associated Counties of Norfolk, &c. under the E. of Manchester.

"Whereas the associated Counties of Norff. Suff. Essex, Hertf. Cambridge, Huntington, the Isle of Ely, and City of Norwich, have been at great and excessive Charges, in maintaining several Forces both of Horse and Foot, in preserving the said Counties, and in withstanding, resisting, and repelling, the several Attempts, Hostilities, and Outrages, done and committed by the Popish Army now under the Command of the Earl of Newcastle; and whereas several Ordinances of both Houses of Parliament, for the seizing and sequestering of the Estates of Delinquents, the Weekly Assessment, the assessing, raising, and levying, (fn. *) the Fifth and Twentieth Part, Contributions for Ireland, and other Ordinances for raising of Monies within the said associated Counties, have not been put in that due and speedy Execution as the Necessity and Urgency of the present Affairs do require: It is therefore Ordered, by the Lords and Commons now in Parliament assembled, That Edward Earl of Manchester, Major General of the said associated Counties, do forthwith take some effectual and speedy Course for the better and present Execution of the said Ordinances; and in Case where the Deputy Lieutenants and Committees, or any of them, in any of of the said Counties, are or have been negligent and remiss in the due Execution of the said Ordinances, that, in such Counties, Cities, Towns, and Divisions, within the said associated Counties, the said Earl of Manchester shall and may nominate and appoint such Person and Persons, within the said County respectively, as his Lordship shall hold fitting; who shall and may assess, collect, and levy, the several Sums of Money to be raised within the said several Counties, by virtue of the said Ordinances, as in the said Ordinances is mentioned and declared; and such Persons, so to be nominated by the said Earl of Manchester, to have the same Power to all Intents and Purposes as the Committees mentioned in the said several Ordinances now have: And it is further Ordered, That Two Parts of the Sum or Sums of Money to be levied, had, and received, of any Person, by virtue of the said Ordinance for the sequestering Delinquents Estates, raised, or to be raised, by any Warrant, Order, or Direction, from the said Earl of Manchester, shall, be forthwith after the Levying and Payment thereof, sent up, and paid unto the Treasurers at Guildhall, London, for such Use and Uses as by the said Ordinances and Orders of both Houses of Parliament is appointed and declared; and the Third Part of every such Sum or Sums to be paid to such Treasurer or Treasurers, within the said several respective Counties, as his Lordship the said Earl of Manchester shall nominate and appoint; and to be employed for the maintaining of such Forces as are raised, or to be raised, in the said associated Counties, and are in actual Service in such Garrison and Places as by his Lordship the said Earl of Manchester, within the said associated Counties or elsewhere, is appointed; and all other Sums of Money to be raised by virtue of the said other Ordinances to be employed as in the Ordinances is limited and declared.

"And it is further Ordered, That, in Case where any Distress of any Goods is had, levied, and made, for the raising of any Sum by virtue of the said Ordinances, that the Collector, Officer, and other Persons so taking such Distress, shall and may, from Time to Time, receive such Sum and Sums of Money, not exceeding Twelve Pence in the Pound, as the said Earl of Manchester shall appoint, for and towards Charges in levying the same, to be paid by, and levied upon, the said Person and Persons, by Way of Distress and Sale of Goods, upon whom such Distress is had and taken, over and above the Sum assessed upon them, and to be paid by them: And further, That the said Earl of Manchester, or such as his Lordship shall appoint, shall and may take Accompt of all Treasurers, Collectors, chief Constables, and others, in whose Hands any Monies now is, raised by virtue of the said Ordinances of the Bill of Four Hundred Thousand Pounds; and that all such Sum and Sums be forthwith paid unto such Treasurers at London, or elsewhere, as by the said several Ordinances and Acts of Parliament is limited and declared: And lastly, That the Treasurers to be appointed by the said Earl of Manchester do, from Time to Time, upon Notice to them given, give Accompt of all Monies by them received and disbursed, to such Person and Persons as from Time to Time shall be nominated and appointed by the Committee of Lords and Commons for Sequestrations."

Book intituled Mercurius Aulicus, to be considered.

This House, taking Notice of a Passage in a Book called Mercurius Aulicus, of some Things privately passed in this House, and Information given thereof to Oxford: It is Ordered, That this House will take it into Consideration To-morrow, how to find out the Informer thereof.

Adjourn.

House adjourned till 10 a cras.

Footnotes

* Bis in Originali.
* Deest in Originali.
Origin. Necessity.
Origin. the.
* Bis in Originali.