House of Commons Journal Volume 6: 8 February 1649

Die Jovis, 8 Februarii, 1648.

Prayers.

* * * * (fn. 1).

Army Committee.

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 Pounds.

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. Lechmere;

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. Corbett.

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.

Impressing Seamen.

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 Navy.

Navy Committee.

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.

Great Seal.

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.

Great Seal.

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.

Judges.

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.

Great Seal.

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; and passed.

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 and published.

Scotch Affairs.

Ordered, That the Committee to whom the Answer to the Papers of the Scotts Commissioners, . . . . . . be injoined to report it To-morrow.

Great Seal.

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 Commissioners.

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. Browne's House.

Judges Oath.

Resolved, &c. That an Oath be administred unto all the Judges respectively.

Parliaments.

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, passed.

Great Seal.

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.

Judges Oath.

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.