A DECLARATION Of The LORDS and COMMONS Assembled in PARLIAMENT.
Shewing the Reasons why they Cannot consent to the keeping of Easter Tearme at Oxford, but in the usuall places: an Army being there maintained to destroy the Parliament and Kingdome, and still continued, although the Lords and Commons have used the best meanes they possibly could by Proposition and Treaty, to, and with his Majesty, for the disbanding thereof, and as yet all their endeavours are Fruitlesse
ORdered by the Lords and Commons Assembled in Parliament, that this Declaration shall bee forthwith Printed and published.
LONDON, i Aprill 19 Printed for John Wright, in the Old-Bailey. 1643.
A DECLARATION Of the LORDS and COMMONS Assembled in PARLIAMENT.
THe Lords and Commons in Parliament, taking into their serious consideration, a Proclamation dated at Oxford the first of this instant April, for the holding & continuing of the Court of Chancery & all proceédings therein, the Receipt of his Majesties Exchequer, and of the first fruits and tenths, the Court of the Dutchy of Lancaster, Court of Wards, and Liveries, and Court of Request, at the [Page] City of Oxford, for the whole terme of Easter then next ensuing, upon and from the 19 day of this instant April, untill and upon the 15 day of May next following, and for adjourning the Courts of Kings-Bench, Common-Pleas, & Exchequer, from Quindena Pasche, untill the returne of Quinque Septianas Pasche next, doe find that it will much tend to the prejudice of the Commonwealth, to have the said Courts & Receipts held and continued at Oxford, where great part of an Army raised against the Parliament and the authority therof now resides. And the said Lords and Commons apprehending & fore-seéing the great inconveniences and mischiefes, that necessarily must happen to many of his Majesties most faithfull & best Subjects, in case those Courts and Receipts be held at Oxford, where such of them as have occasion to attend, [Page] cannot with any safety of their persons or estates repaire to his Majesty, having in effect declared all persons that have contributed any thing in ayd or defence of the Parliament & the priviledge thereof, to be guilty of high Treason, and in pursuance therof, by the force & power of the Army there remaining, have seized upon many of their persons, where they are detained Prisoners, and some proceeded against as Traytors, having nothing layd to their charge but their assisting the Parliament, and opposing that Army raysed to destroy it and the Kingdome, and finding that divers, both Iudges and others, whose attendance upon the said Courts & Receipts will be necessary, are Members or Assistants, to one or both Houses of Parliament, whose presence at this time cannot be be spared, and that if the Records necessary to be used in the said Courts, shou [...]d be removed from the usuall places to Oxford, in a time when two Armies are residing neere thereabouts, [Page] it would indanger the miscarriage of them which might ruine many of his Majesties Subjects, whose estates depend thereupon, and that so farre a distance betweene the said Courts of Law and Equity, which have necessary dependance one upon another, would prove exceeding prejudiciall to many; and finding greater cause to take care for preventing the said mischiefes and inconveniences, then was in Hilary Terme last, in that the said Army is still continuing, although the said Lords and Commons have used the best means they possibly could by Proposition and Treaty, to, and with His Majesty, for the disbanding thereof, and as yet all their endeavours are fruitlesse.
The said Lords and Commons doe therefore Declare and Order, that no Iudge, Minister, or other person belonging to any of the said Courts or Receipts shall repaire to the said city of Oxford, or doe, or execute any thing belonging to the said Offices, and Imployments, but [Page] in the places usuall for the doing and executing thereof, and the said Lords and Commons doe enioyne the said severall Iudges, Officers, and Ministers, to attend the execution of the said Offices at the usuall times and places for the execution thereof, and not elsewhere; And that no member of, or Assistant to either of the two Houses of Parliament, that have any place, office, or imployment about any of the said Courts or Receipts shal presume to depart from their attendance upon the Parliament, without the speciall leave of that House wherof they are Members or Assistants, and that those departed doe returne forthwith; and doe further order that no person shal remove or cause to be removed any Records or writings of any the said Courts or receipts, to or towards the City of Oxon, and the Lords and Commons, doe declare that if any persons shall disobey this Order, they will proceéde against them as wilfull contemners of the authority of Parliament, [Page] and dissturbers of the Peace of the Kingdome; And it is further Declared and Ordered by the said Lords and Commons, that no Iudgment, decree, Order, or proceédings whatsoever, that shall be given, made or had by, or in any of the said Courts or Receipts out of the vsuall places where the said Courts & Receipts have beéne accustomed to be held and kept, shall bind any person that may be concerned therein, without his owne voluntary consent; and that all Iudges, Officers, and other persons shall be protected and kept indempnified from any dammage or inconvenience that may or can happen to them, for yeelding obedience to this Ordinance, or by the not execution of any iust suite, or action in the said Courts at Oxford, or any of them.