House of Lords Journal Volume 6: 10 November 1643

DIE Veneris, videlicet, 10 die Novembris.

PRAYERS.

Lords present:

Ds. Grey of Warke, Speaker.

The Lord General reported to this House, "That Yesterday there came a Trumpeter to him from the King's (fn. 1) Quarters, and brought a Letter, wherein there was a Packet."

The Letter was read, as followeth:

Lord Forth's Letter to the Earl of Essex, with a Packet from Ireland, to the Speakers of both Houses.

"For the Earl of Essex. These.

"My Lord,

"This inclosed Packet from Ireland happening into my Hands; upon View of the Superscription thereof, I conceived it fit to send the same immediately unto your Lordship, to do therewith as you shall think best; remaining,

"Your Lordship's humble Servant,
Forth."

Oxon, 6th November, 1643.

Next, by the Command of this House, the Packet was opened, and read; directed,

"To our very good Lord, the Lord Speaker of the Right Honourable the Lords House of Parliament, in the Kingdom of England; and to our very loving Friend, Will. Lenthall Esquire, Speaker of the Honourable Commons House in Parliament, in the said Kingdom."

Ordered, To communicate these Letters to the House of Commons.

Message from the H. C. to expedite the Ordinance about the Great Seal.

A Message was brought from the House of Commons, by Mr. Serjeant Wylde, &c.

To desire their Lordships would please to give Expedition to the Ordinance concerning the Great Seal, which is of so absolute great Necessity, that the Commonwealth suffers great Prejudice for Want thereof.

Ordinance for making a new Great Seal, and annulling the King's.

Hereupon this House taking the Ordinance for the Great Seal into Consideration, the Ordinance was read, with the Amendments reported from the Committee; and then the said Ordinance was read in Parts, and so passed:

1. Was, "The annulling of the Great Seal at Oxford, and all Acts passed since the 22th of May 1642, as is expressed in the Ordinance, to the Word ["Purposes".]"

And it was Resolved, upon the Question, Affirmatively.

2. The Second Part was "To frustrate and make void every Act and Thing that shall pass any Great Seal of England, after the publishing of this Ordinance, other than what is appointed and established by this Ordinance."

And it was Resolved, To pass, with the Affirmative.

The Third Part was read, "for putting the Great Seal in Ure, and disposing of it in the Hands of Commissioners."

Which this House Agreed to; and this House named and appointed the Earls of Rutland and Bollingbrooke to be Commissioners for this House, for the keeping of the Great Seal.

L. General desires Supplies, and complains of the Ordinance for associating Kent, Sussex, &c.

The Lord General acquainted this House "of the Necessity and Wants of the Army, for Want of Provisions and Money;" and desired "that their Lordships would take the same into Consideration, that some Course may be taken for the certain Supplies of it; and that further, there was an Ordinance lately passed, for the associating of the Counties of Kent, Sussex, Surrey, and Hampshire, which will be prejudicial to the Forces under his Command."

Hereupon this House held it fit to refer the Consideration of these Particulars to the Committee for the Safety, to think of settling a constant Supply, for maintaining the Army with Money; and to consider what are the Inconveniences of the said Ordinance; the said Committee to meet this Afternoon, at Five of the Clock, in the Star Chamber.

Answer to the H. C.

The Answer returned to the Messengers that brought the Message concerning the Great Seal was:

That their Lordships will send an Answer presently by Messengers of their own.

Message to them, for the Committee of Safety to meet;

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

To desire that the Committee for the Safety may meet this Afternoon, at Five of the Clock, about important Business concerning the Army.

that the Lords agree to the Ordinance about the Great Seal; and with the Letter from Ireland.

Also to let them know, that this House agrees to the Ordinance with the Alterations.

Also to communicate to them the Letter from the Council of Ireland, read this Day.

Alderman Langham's Cause.

Ordered, That the Business between Alderman Langham and other Merchants shall be heard in this House on Monday next, in the Afternoon, at Three of the Clock.

Worthington, a Pass.

Ordered, That Ric'd Worthinton, a Dutchman, Servant to the Spanish Ambassador, shall have a Pass, to go to Dover, and transport himself for Flanders, to his native Country there.

Ordinance for making a new Great Seal, and for annulling the King's.

"Whereas the Great Seal of England, which, by the Laws of this Realm, ought to attend the Parliament, being the Supreme Court of Justice and Judicature within this Realm, for the Dispatch of the great and weighty Affairs of the Commonwealth, which is especially interested and concerned therein, was, above a Year last past, that is to say, the 22th Day of May, Anno 1642, by the then Lord Keeper thereof, Edward Lord Littleton, then a Member and Speaker of the House of Peers in Parliament, contrary to the Great Trust in him reposed, and Duty of his Place, secretly and persidiously conveyed away from the Parliament, into the King's Army raised against the Parliament; the said Lord Keeper departing therewith into the said Army without the Leave or Privity of the said House; by Means whereof, great Mischiefs and Inconveniencies have ensued to this Kingdom, and the Kingdom of Ireland.

"And whereas the said Great Seal ought constantly to remain in the Hands and Custody of One or more Officer or Officers (sworn for that Service), and to be used and employed for the Weal and Safety of His Majesty's People, which notwithstanding hath been divers Times, sithence the conveying away thereof as aforesaid, put into the Hands of other Persons not sworn, and Popishly and dangerously affected, who have had the disposing and managing thereof at their own Wills and Pleasures, and hath been traiterously and perniciously abused, to the Ruin and Destruction of the Parliament and Kingdom, by granting and issuing out divers illegal Commissions of Array, and other unlawful Commissions, for raising of Forces against the Parliament, by issuing out of most soul and scandalous Papers, under the Name and Title of Proclamations against both Houses of Parliament, and divers Members thereof, and others adhering to them, proclaiming them Traitors and Rebels; Commissions of Oyer and Terminer to proceed against divers of them as Traitors, and other Commissions to seize and consiscate their Estates, for no other Cause but for doing their Duties and Services to the Commonwealth; as likewise by granting that horrid Commission, for executing of that most bloody and detestable Design of Waller, Tomkins, and others, for the Destruction of the Parliament, and City of London, and of the Army raised for their just Defence; and (as if Massacres and Assassinations had been but light and venial Crimes) another Commission hath been granted, under the same Seal, for a Cessation of Arms with the barbarous and bloody Rebels in Ireland, after the Effusion of so much innocent Blood and Slaughter of above One Hundred Thousand Protestants, Men, Women, and Children, by their merciless and bloody Hands; whereupon a Cessation of Arms is accordingly concluded, and those brutish Rebels thereby emboldened to prepare themselves, not only for a total Extirpation of the Protestants remaining there, but for a Conquest also of this Kingdom; and further, by granting of several Commissions, and Offices of Trust and Command, to notorious Papists, who, by the Laws and Statutes of this Realm, are made uncapable thereof, and by conferring of Honours and Dignities, and granting of Lands and Estates, to divers exorbitant Delinquents, who stand legally impeached of High Treason, and other High Crimes and Misdemeanors, in Parliament; all which and many other unlawful and enormous Acts have passed under the Great Seal, since the Removal thereof from the Parliament as aforesaid; which the Lords and Commons taking into their Consideration, and finding all Ways and Means obstructed for the procuring of any Redress from His Majesty in the Premises, notwithstanding their long Hopes and uncessant Labours for the obtaining thereof, are bound in Duty, and of Necessity, to provide some speedy Remedy for these insupportable Mischiefs:

"Be it therefore Declared and Ordained, by the said Lords and Commons assembled in Parliament, That as well all and every the said Acts formerly mentioned, which have passed under the said Great Seal, as also all Letters Patents and Grants of any Lands, Goods, or Estates, of any Person or Persons whatsoever, for adhering to the Parliament, all Compositions or Grants of any Wardships, or Leases of any Ward's Lands, Liveries, Primer Seizins, and Ouster le Mains, since the said 22d of May 1642, which have not, according to the due Course of Law, passed through the Court of Wards and Liveries established by Law; all Grants, since the said 22^d of May 1642, of any Honours, Dignities, Manors, Lands, Hereditaments, or other Things whatsoever, to any Person or Persons, which have voluntarily contributed, or shall voluntarily contribute, any Aid or Assistance, to the Maintenance of that unnatural War raised against the Parliament; and all Pardons granted to any such Person or Persons; and all other Acts or Things whatsoever contrary to, or in Derogation of, the Proceedings of both or either of the Houses of Parliament, which have passed under the said Great Seal, since the Removal thereof from the Parliament, shall be, and are hereby Declared to be, utterly invalid, void, and of none Effect, to all Intents and Purposes; and that all and every Act or Thing, which, after the Publication of this Ordinance, shall pass by or under the said Great Seal, or under any Great Seal of England (other than what is hereby appointed and established), shall be utterly void, frustrate, and of none Effect, and every Person or Persons, which shall put the same in Use, or shall claim any Thing thereby, shall be held and adjudged a public Enemy of this State.

"And be it further Ordained, by the said Lords and Commons, That a Great Seal of England, already by them made and provided, shall be forthwith put in Use, and shall be, and is hereby authorized and established to be, of like Force, Power, and Validity, to all Intents and Purposes, as any Great Seal of England hath been or ought to be.

"And that it shall be put into the Hands and Custody of the Persons hereafter named, who are hereby Ordained Commissioners for that Purpose; that is to say, John Earl of Rutland, and Oliver Earl of Bullingbrooke, Members of the House of Peers, and Oliver St. Johns Esquire His Majesty's Solicitor General, John Wyld Serjeant at Law, Samuell Browne and Edmund Prideaux, Esquires, Members of the House of Commons; which said Persons, or any Three or more of them, whereof One Member or more of the Lords House, also One Member or more of the House of Commons, shall be present, shall have, and are hereby authorized to have, the keeping, ordering, and disposing thereof, as also all such and the like Power and Authority, as any Lord Chancellor, or Lord Keeper, or Commissioners of the Great Seal, for the Time being, hath had, used, or ought to have."

Adjourn.

House adjourned till 10^a cras.