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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50368 The history of the Parliament of England, which began November the third, MDCXL with a short and necessary view of some precedent yeares / written by Thomas May, Esquire ... May, Thomas, 1595-1650. 1647 (1647) Wing M1410; ESTC R8147 223,011 376

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it long before the Lords upon reasons shewed concurred with the House of Commons who about the beginning of Iuly presented to the Lords at a Conference the Votes Which had before passed in their House together with the reasons for making of a new Great Seale The Votes were these Resolved upon the Question June 14. 26. 1. THat the Great Seale of England ought to attend the Parliament 2. That the absence of it hath been a cause of great mischiefe to the Common-wealth 3. That a remedy ought to be provided for these mischiefs 4. That the proper remedy is by making a new Great Sale The reasons which they gave were divided into two branches The first declaring those mischiefes which were occasioned by conveying away the Great Seale from the Parliament The second expressing those inconveniences and mischiefes which proceeded from the want of the Great Seale with them The reasons of the first kinde were thus 1. It was secretly and unlawfully carried away by the Lord Keeper contrary to the duty of his place who ought himselfe to have attended the Parliament and not to have departed without leave nor should have been suffered to convey away the Great Seale if his intentions had been discovered 2. It hath been since taken away from him and put into the hands of other dangerous and ill-affected persons so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs returned answer That he could not Seale the same because he had not the Seale in his keeping 3. Those who have had the managing thereof have imployed it to the hurt and destruction of the Kingdome many waies as by making new Sheriffes in an unusuall and unlawfull manner to be as so many Generals or Commanders of Forces raised against the Parliament by issuing out illegall Commissions of Array with other unlawfull Commissions for the same purpose By sending sorth Proclamations against both Houses of Parliament and severall Members thereof proclaiming them Traytors against the Priviledges of Parliament and Laws of the Land By sealing Commission of Oyer and Terminer to proceed against them and other of His Majesties good Subjects adhering to the Parliament as Traytors By sending Commissions into Ireland to treat a peace with the Rebels there contrary to an Act of Parliament made this Session Besides divers other dangerous Acts passed under it since it was secretly conveyed away from the Parliament whereby great calamities and mischiefes have ensued to the prejudice of the Kingdome Mischiefes arising through want of the Great Seale 1. The Termes have been adjourned the course of Justice obstructed 2. No originall Writs can be sued forth without going to Oxford which none who holds with the Parliament can do without perill of his life or Liberty 3. Proclamations in Parliament cannot issue out for bringing in Delinquents impeached of High Treason or other crimes under paine of forfeiting their Estates according to the ancient course 4. No Writs of Errour can be brought in Parliament to reverse erroneous judgements nor Writs of Election sued out for chusing new Members upon death or removall of any whereby the number of the Members is much lessened and the Houses in time like to be dissolved if speedy supply be not had contrary to the very Act for continuance of this Parliament 5. Every other Court of Justice hath a peculiar Seale and the Parliament the Supreme Court of England hath no other but the Great Seale of England which being kept away from it hath now no Seale at all and therefore a new Seale ought to be made 6. This Seale is Clavis Regni and therefore ought to be resident with the Parliament which is the representative Body of the whole Kingdome whilest it continues sitting the King as well as the Kingdom being alwaies legally present in it during the Session thereof The Lords upon these reasons concurred with the House of Commons and order was given that a new Great Seale should forthwith be made which was accordingly done It should seeme the King was not well pleased with this action of the Parliament as appeared by what was done at Oxford above a yeare after when the King assembled together the Lords which were with him and all those Gentlemen that had been Members of the House of Commons and had deserted the Parliament at Westminster whom the King called his Parliament at Oxford and propounded many things for them to debate upon amongst which it was taken into debate and resolved upon the Question by that Assembly at Oxford That this very action which they stile counterfeiting the Great Seale was Treason and the whole Parliament at Westminster eo facto guilty of High Treason But this was passed at Oxford long after of which occasion may be to speak further hereafter But at the time when the Parliament made their new Great Seale the people stood at gaze and many wondered what might be the consequence of so unusuall a thing Some that wholly adhered to the Parliament and liked well that an action so convenient and usefull to the present state was done by them looked notwithstanding upon it as a sad marke of the Kingdomes distraction and a signe how irreconcileable the difference might grow betweene the Parliament and the Kings Person For the legality or justnesse of making of the Seale there was little dispute or argument among those who were not disaffected to the Parliament and though there were no direct or plaine precedent for it for the case of a Kings being personally in Warre against the Parliament sitting was never before yet by comparison with other times when the necessities of State have required such a thing it was not onely allowed but thought requisite I do not know of any thing written against it by any Lawyers or other of the Kings Party but Master PRYNNE a learned Lawyer and great Antiquary of the Parliament side hath written a copious discourse in justification of it both by arguments of reason and many neere-resembling precedents of former times called The opening of the Great Seale of England which is extant to be read by any that would be satisfied what power from time to time Parliaments have challenged and been allowed over that Seale both in making of it in the infancy or absence of Princes and disposing of it in the dotage or wilfulnesse of others But before this businesse was fully concluded another thing which seemed as great a signe how wide the rent was growne fell into debate in the House of Commons Some time was spent in consultation about it and much arguing on both sides The matter was about charging the Queene of High Treason To that purpose many Articles of an high nature were drawne up against her some of them were That she had pawned the Crowne Jewels in Holland That she had raised the Rebellion in Ireland That she had indeavoured to raise a Party in Scotland against the Parliament That she had gone in the head of