THE Humble Advice, PETITION, and Reasons, Of the Lords and Commons now assembled in Parliament, to His Majesty, why part of the Terme ought not be removed to OXFORD, With His Majesties Gracious Answer thereunto, and His Reasons why He cannot recall His Proclamation, but requires obedience thereunto.
Also a Declaration of the Lords and Commons assembled in Parliament, ordaining that no Judge, Minister, or other person belonging to the Chancery, His Majesties Exchequer, or any other Court, shall presume to repaire to the said City of Oxon, or do, or execute any thing belonging to their said Offices and imployments, but in the places usuall for the doing thereof.
London, Printed in the yeere 1643.
To the Kings most excellent MAjESTY, The Humble Petition of the Lords and Commons in PARLIAMENT.
THE Lords and Commons in Parliament assembled, having taken into serious consideration your Majesties Proclamation dated at OXFORD, the 27. of December last, for the adjourning of the Courts of Chancery, Receit of the Exchecher, first fruits & tenths, & the Dutchy of Lancaster with the Court of Wards and Liveries, and the Court of Requests from the city of Westminster, to the city of Oxford, and for adjourning the Courts of Kings Bench, Common Pleas and Exchequer, unto Crastin. Purificationis next, and considering the great inconveniencies that may fall thereby to your good subjects, doe in all humility present them to your sacred Majesty, as their reasons to move your Majesty to revoke the said Proclamation, and to continue the said severall Courts at their severall times and places within the said city of Westminster.
1. The Lord Keeper of the Great Seale of England, and the Master of your Majesties Court of Wards and Liveries, the supreme Judge of the Chancery, and Court of Wards; and who have the seales of the said severall Courts, being Members of the House of Peeres in Parliament, cannot without breach of Priviledge of Parliament, absent themselves from their attendance there, unlesse they have leave of the said House of Peeres. The Chancellor of the said Dutchy of Lancaster, and the Masters of the Chancery are assistants to the said House of Peeres, neither [Page 4] can they be absent from their attendance there, without leave of the said House. And the said House of Peeres being now in consultation about the great Affaires of the Kingdome, cannot spare any of the said Members or assistants: and divers other Officers of the said Courts, are Members of the House of Commons, who cannot be spared from their attendance there.
2. Your Subjects cannot passe from any part of the Kingdome to the said city of OXFORD without apparant danger, being to passe through the greatest part of two severall Armies, neither can the said Courts sit and proceed there with that Freedome and Liberty as Courts of Justice ought to doe, there being an Army in the said city.
3. Your Majesties Records of the said Courts, and the evidences of your Subjects, which are necessary to be used in the said Courts at the hearing of Causes, will bee in danger of miscarriage in bringing to OXFORD through the said Armies which (if they should) might turn to the utter undoing of divers of your Majesties good Subjects.
4. Much prejudice may come to divers of your Majesties Subjects, to have the Courts of Equity so farre removed from the Courts of Law.
5. If the Courts of Law should be adjourned till Crastin. Purificationis, it would much delay your Majesties Subjects in their legall proceedings.
For all which Reasons, the said Lords and Commons doe humbly desire your Majesty, that the said Courts may be kept at Westminster, and at their severall usuall times, and not at the city of OXFORD.
CHARLES R.
HIs Majesty hath seriously weighed the reasons presented to him from both Houses of Parliament, to induce His Majesty to revoke His late Proclamation for the adjournment of the Terme, and returnes this answer:
That the Lord Keeper of the great Seale of England being (in regard of His Majesties most important affaires) necessarily to attend His Majesty, His Majesty hath likewise appointed his high Court of Chancery to be held in the place where His Majesty resides, that so his Subjects may have their causes determined by the supreme Judge of that Court: But is well content, that the Masters of the Chancery that are assistants to the House of Peers, shall (notwithstanding His said Proclamation) continue their attendance upon the House of Peers where they are assistants.
For His Court of Wards, upon which so essentiall a part of His Majesties rcvenue depends, it concerned Him to draw the same to Him, since being at London it will prove of no advantage of supply to His Majesties occasions, by reason of the stops there of all mony from coming to Him: And therefore He shall expect the presence of his Counsell of that Court here, the time of the Terme being so short, that they may speedily returne againe to the service of the Houses, which have not used to deny their Members leave for so short a time to attend His Majesties service, to which by Law they are bound; besides that, His Majesty doubts not but He may for a convenient time upon pressing and urgent occasions (especially for the discharge of another necessary duty) dispense with the Peeres attendance upon the House, without any breach of Priviledge, which hath not been denied in former Parliaments.
For the danger of His Majesties Subjects in their passages, by reason of the severall Armies, His Majesty doth not know that they are to passe through more Armies to His City of Oxford, then they must to His City of London, or that the Courts of Justice cannot proceed with the same freedome and liberty here where His Majesties Army is, as there where is an Army against Him. But His Majesty will take care that His good Subjects shall no wayes suffer by His Army here, which He can by no meanes undertake for the other Army at London.
For the Records of severall Courts, His Majesty expects and requires obedience from the Officers thereof, according to His Proclamation, as no doubt His Subjects will take care for the particular evidences which concerne themselves, and for the safe carriage and conveyance of both (that they suffer not in the least degree by His Majesties Army) His Majesty will surely provide, neither can the prejudice be great to His Subjects by the Courts of Equitie, being no further removed from the Courts of Law.
The reason of His Majesties adjournment of the Courts of Law till Crastin. Purificationis, is for the great danger His good Subiects must undergo by passing through the Armies, and His Majesty much feares his good Subjects have little benefit by their legall proceedings, whilst His Majesty and the Law are no better able to defend one another.
For these reasons, and those exprest in His Proclamation, His Majesty can by no meanes revoke His said Proclamation, but it being His undoubted right to adjourne or remove the Termes to what place He please (if He hath any undoubted right) His Majesty doth expect obedience to His said Proclamation, and to every part thereof.
A Declaration of the LORDS and COMMONS assembled in PARLIAMENT.
THe Lords and Commons having taken into their serious consideration a Proclamation, dated at Oxon. the 27. of December last, for the adjourning of the Court of Chancery, the Court of Wards and Liveries, the Dutchy of Lancaster, the Court of Requests, the Receipt of His Majesties Exchequer, and of the first fruits and tenths, from the City of Westminster unto the City of Oxon; and for the adjourning the Courts of Kings-Bench, Common-Pleas, and Exchequer, unto the returne Crast. Purificationis, found it to tend much to the prejudice of the Common-wealth to remove the said Courts and Receipts to Oxon, where the body of an Army raised against the Parliament and the authority thereof now resides; And therefore, in performance of their duty and trust reposed in them by the Kingdome, whom they represent, did exhibite their humble Advice and Petition to His Majesty, with the Reasons inducing them therunto, to revoke the said Proclamation, and with all humility desire that the said Courts and Receipts might bee kept at their severall usuall places and times, and not at Oxon: But His Majesty giving still more credit to the suggestions of those wicked and malignant persons that yet encompasse him, then to His highest and most faithfull Councell, returned His negative Answer, and expresly denied to repeale His Proclamation: Now the Lords and Commons cleerly discovering the great inconveniences and mischiefs that necessarily must happen to His Majesties most faithfull and best affected Subjects, in case those Courts and Receipts be removed to Oxon, where such of them as have occasion to attend cannot with any safety to their persons or estates repaire, His Majesty having in effect declared all persons that have contributed any thing in aid or defence of the Parliament, and the Priviledge thereof, to be guilty of high Treason; and in pursuance thereof by the force and 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 laid to their charge, but their assisting the Parliament, and opposing that Army raised to destroy it and the Kingdome; and finding that divers both Judges and others, whose attendance upon the said Courts and Receipts will be necessary, consists of persons [Page 8] that are Members and Assistants to both Houses of Parliament, whose presence at this time cannot be spared; And that if the Records necessary to be used in the said Courts should be removed from the usuall places, towards Oxon, in a time when two Armies are residing neer thereabouts, it would endanger the miscarriage of them, which might ruine many of His Majesties Subjects, whose estates depend thereupon, and that so long a distance between the said Court of Law and Equity, which have necessary dependance one upon another, would prove exceeding prejudiciall to many, Thought it their duty, in discharge of the trust reposed in them by the Commonwealth, as much as in them lieth to prevent the said inconveniences, And therefore doe hereby declare and order, that no Judge, Minister, or other person belonging to any of the said Courts or Receipts shall repaire to the said City of Oxon, or do or execute any thing belonging to the said Offices and imployments, but in the places usuall for the doing and executing thereof; And that no Member of, or assistant to any of the two Houses of Parliament, that have any place, office, or imployment, about any of the said Courts or Receipts shall presume to depart from their attendance upon the Parliament, without the speciall leave of that House whereof they are Members or Assistants: And that no person shall 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 do declare, that if any person shall disobey this Order, they will proceed against them as wilfull contemners of the authority of Parliament, and disturbers of the peace of the Kingdome. And it is further declared and ordered by the said Lords and Commons, That no Judgment, Decree, Order and proceedings whatsoever, that shall bee given, made, or had, by or in any of the said Courts or Receipts, out of the usuall places where the said Courts and Receipts have been accustomed to be held and kept, shall bind any person that shall or may be concerned therein, without his owne voluntary consent. And that the said Lords and Commons will by the Authority of both Houses of Parliament protect and keep indemnified all Judges, Officers, and other persons from any dammage or inconvenience, that may or can happen to them for yeelding obedience to this Ordinance.