Journal of the House of Lords: Volume 11, 1660-1666. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 10 die Maii.
PRAYERS, by Mr. Hodges.
Domini præsentes fuerunt:
Waste on the King's Lands to be stayed.
ORDERED, That a Stop shall be made of all Wastes upon the King's Lands and Woods.
Lords Leave to be absent.
The Earl of Stamford was excused for his Absence.
The Lord Morley and the Lord Tenham have Leave to be absent for a Time.
The Lords went to the Abbey, to hear the Thanksgiving Sermon there.
House adjourned till 5a hora post meridiem.
Domini præsentes fuerunt:
Message from H. C. with Instructions for the Commissioners going to the King.
A Message was brought from the House of Commons, by Mr. Sherwood, &c.; who brought Instructions for those Commissioners that are to go to the King.
The Answer returned is:
That their Lordships will return an Answer, by Messengers of their own.
Message from thence, for a Conference about the Great Seal.
A Message was brought from the House of Commons, by Wm. Prynn Esquire, &c.:
1. To desire a Conference with their Lordships, touching the Great Seal of England.
The Answer returned was:
That their Lordships will give them a present Conference, in the Painted Chamber, touching the Business of the Great Seal of England.
Message from thence, with an Order.
A Message was brought from the House of Commons, by Sir Richard Temple Baronet; who brought an Order concerning the Lord Craven's Lands, Sir John Stowell, and Alderman Bunce's Lands, &c. (Here enter it.)
Read, and Agreed to.
The Answer returned was:
That this House agrees to the Order now brought up.
E. of Derby's Estate.
Memorandum, That, when any Act comes up from the House of Commons concerning the Sale of Lands, then the Proviso concerning the Earl of Derby shall be taken into Consideration.
Instructions for the Commissioners going to the King:
Earl of Lyncolne, Earl Denbigh, Viscount Say et Seale, and the Lord Wharton, appointed to alter the Expression in the Instructions for the Commissioners that are to go to the King, concerning the Arms of this Commonwealth.
The Lord Wharton reported some Alterations in the Instructions for the Commissioners that are to go to the King; which were read, and Agreed to.
Message to H. C. with them.
A Message was sent to the House of Commons, by Mr. Glascock and Mr. Gyles:
To deliver to them the Instructions, with the Alterations, and desire their Concurrence therein.
The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Report of the Conference about the Great Seal.
The Earl of Manchester made Report of this Conference; and this Business is to be taken into Consideration To-morrow Morning; and likewise the Business of having the Advice of all the Judges herein.
Answer from H. C.
Mr. Glascock and Mr. Gyles return with this Answer:
That the House of Commons will send an Answer immediately, by Messengers of their own.
Message from thence, about the Instructions for the Commissioners going to the King.
A Message was brought from the House of Commons, by Mr. Annesly, &c.; who said, "That the House of Commons do agree in all the Alterations in the Instructions to the Commissioners that are to go to the King." (Here enter them.)
Message to H. C. about the Paper from the Irish Commissioners.
A Message was sent to the House of Commons, by Mr. Glasecock and Mr. Gyles:
To deliver to them the Address of the Gentlemen of Ireland, to send to the King, and desire their Concurrence therein.
The Question being put, "Whether this House shall be adjourned until To-morrow Morning, at Nine of the Clock?"
It was Resolved in the Affirmative.
Waste of the King's Houses and Woods to be stayed.
"ORDERED, by the Lords and in Parliament assembled, That there be Stop and Stay of demolishing or defacing of, or committing Waste in, the Houses and Lands, or any of them, belonging to the King's Majesty; and that no Timber or Woods be felled or cut down off any of the said Lands, or any Part of any of them; and that no Wood or Timber felled, and now remaining there, be taken away, or removed from the said Lands; and this to continue until the Pleasure of the House be further signified concerning the same: And all Persons whom it may concern are hereby required to yield Obedience to this Order."
"Instructions for Aubrey Earl of Oxford, Charles Earl of Warwick, Lyonell Earl of Midd. Leycester Viscount Hereford, George Lord Berkeley, Robert Lord Brooke, the Lord Herbert, the Lord Mandevile, the Lord Bruce, the Lord Castleton, the Lord Falkland, the Lord Fairfax, Denzell Holles Esquire, Sir Horatia Townsend, Sir John Holland, Sir Anthony Ashly Cowper, Sir George Booth, and Sir Henry Cholmeley.
Instructions for the Commissioners going to the King.
"You are to begin your Journey towards His Majesty on Friday next, and make a speedy Repair to such Place where His Majesty shall be, and humbly to present the Letters wherewith you are respectively intrusted by both Houses of Parliament.
"You are to acquaint His Majesty with what great Joy and Acclamation He was proclaimed in and about the Cities of London and Westm. upon the Eighth Day of May Instant; and present the Proclamation itself unto His Majesty, and to acquaint Him with the Orders of both Houses, to have the same proclaimed throughout the Kingdoms of England and Ireland, Dominion of Walcs, and the Town of Berwick upon Tweed; and that both Houses have ordered, That all and every the Ministers, throughout the Kingdoms of England and Ireland, be enjoined, in their Public Prayers, to pray for His most Excellent Majesty, and for the most Illustrious Prince James Duke of Yorke, and the rest of the Royal Progeny; and also that they have ordered, That the assumed Arms of the late pretended Commonwealth, wherever they are standing, be taken down; and that His Majesty's Arms be set up instead thereof. And you are to communicate to His Majesty the Resolutions of both Houses, relating to this Instruction.
"You are to acquaint His Majesty with the earnest Desire of both Houses, that His Majesty will be pleased to make a speedy Return to His Parliament, and to the Exercise of His Kingly Office; and that, in order thereunto, both Houses have given Directions to General Mountague, One of the Generals at Sea, and other Officers of the Fleet, to observe such Commands as His Majesty shall please to give him or them, for Disposal of the Fleet, in order to His Majesty's Return. And you are to communicate to His Majesty the Resolutions of both Houses relating to this Instruction.
"That the Committee from both Houses do beseech His Majesty, that they may know where He purposeth to take Shipping, and to land at His coming over, that Preparation may be made for His Reception; and which of His Majesty's Houses He intendeth to make Use of at His first coming to London; and whether He will come all the Way by Land after He comes on Shore, or whether He will please to come by Water from Gravesend to London; and that His Majesty will declare in what Manner He is pleased to be received."
Order to stay the Waste of the Estate of Ld. Craven, Sir J. Stowell, and Alderman Bunce.
"Resolved, upon the Question, by the Lords and Commons in Parliament assembled,
"That there be a Stop and Stay of demolishing or defacing of, or committing Waste in, the Houses and Lands, or any of them, whereof William Lord Craven, Sir John Stowell Knight of the Bath, and James Bunce Alderman of the City of London, or any of them, was or were seised, in Possession or Reversion, at the Time of the Seizure or Sequestration thereof; and that no Timber or Woods be felled, or cut down, off any of the said Lands, or any Part thereof; and that no Wood or Timber felled, and now remaining there, be taken away or removed from the same Lands; and that all the Rents of the said Lands be stopt in the Tenants Hands respectively; and a Stay and Stop is hereby made accordingly: And this to continue till the Pleasure of the Houses be further signified concerning the same. And all Persons, whom it may concern, are hereby required to yield Obedience to this Order."
Report of the Conference concerning the Great Seal.
The Earl of Manchester reported the Effect of the Conference, to this Effect:
"That Mr. Annesley, that managed the Conference, said, There were many Inconveniences that the Kingdom suffered, for Want of the Use of the Great Seal; and, to fortify this, he gave many Reasons, to move their Lordships Concurrence herein:
"1. There was so great an Obstruction in all the Courts of Justice, for Want thereof, that all Writs, Fines, and Assurances, were stopt, so as there could be none now, whereby the Subject suffered much: That Three Terms have been lost already, and there is Danger of having no Assizes, so there will be Loss of a whole Year's Justice.
"2. There is an Obstruction in the Revenue: Orders (fn. 1) are made for issuing out of Monies, are not obeyed. No Provisions can be made for the King's Reception. Business at the Committee for the Army are slackened; and they fear that, if Monies cannot be brought in for the paying the Army, the Soldiers will be necessitated to lie upon Free Quarter. The Committee for the Navy and the Admiralty cannot set out the Fleet; for Want of the Great Seal, the Officers are at a Stand. The Excise and Customs are at a Stand, because the Officers are tender to act without Orders under the Great Seal, whereby great Loss comes to the Kingdom; for, whereas the Excise and Customs came lately to Ten Thousands a Week, now they are not above Five Thousands per Week, by reason of this Obstruction.
"He further said, In former Times, Use was made of other Great Seals upon Occasion; as in King James's Time, upon the Death of Queen Eliz.: That the House of Commons could not send forth Writs to fill up their House with Members, for Want of the Use of the Great Seal; and they did not know what Inconveniences may be, if their Lordships do not speedily concur with the House of Commons, that there may be a present Use of the Great Seal."
Order to seize the King's Goods.
ORDERED, That the Lords Committees for the King's Majesty's Goods, &c. be, and are hereby, empowered to order the Seizure of all such Goods belonging to the King's Majesty, as shall be discovered to their Lordships to be concealed.