103. The Additional Petition and Advice.
[June 36, 1657. Scobell, ii. 450. See Masson's Life of Milton, v. 142.]
To his Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions and territories thereunto belonging; the humble additional and explanatory Petition and Advice of the knights, citizens and burgesses now assembled in the Parliament of this Commonwealth.
Whereas upon the humble Petition and Advice of the said knights, citizens and burgesses, now assembled in the Parliament of this Commonwealth, lately presented and consented unto by your Highness, certain doubts and questions have arisen, concerning some particulars therein comprised, for explanation whereof may it please your Highness to declare and consent unto the additions and explanations hereafter mentioned, and may it be declared with your Highness' consent:
In the fourth Article.
That such person and persons as invaded England, under Duke Hamilton, in the year 1648, or advised, consented, assisted or voluntarily contributed unto that war, and were for that cause debarred from public trust by the Parliament of Scotland, be incapable to elect or be elected to sit and serve as members of Parliament, or in any other place of public trust, relating unto the fourth and thirteenth Articles in the Petition and Advice, excepting such as since have borne arms for your Highness or the Parliament, or have been admitted to sit and serve in the Parliament of this Commonwealth, and are of good life and conversation, or such as shall hereafter be declared by your Highness, with the advice of your Council, to have given some signal testimony of their good affection and continuance in the same.
That the proviso in the said fourth Article be explained thus, viz. that such English and Scottish Protestants, who (since the defection of the Earl of Ormond, and the Lord Inchiquin, and before the 1st day of March, 1649)[1] have borne arms for, and ever since continued faithful to the Parliament or your Highness, or have otherwise (before the said 1st day of March, 1649)[1] given signal testimony of their good affection to this Commonwealth, and have ever since continued faithful to the same, shall not be debarred or deemed incapable of electing or being elected to serve in Parliament.
And whereas in the said fourth Article, public ministers or public preachers of the Gospel are disabled to be elected to serve in Parliament; it is hereby explained and declared to extend to such ministers and preachers only as have maintenance for preaching, or are pastors or teachers of congregations.
In the said fourth Article.
That instead of Commissioners to be appointed by Act of Parliament, to examine and try whether the members to be elected for the House of Commons in future Parliaments be capable to sit according to the qualifications mentioned in the said Petition and Advice, there shall be the penalty and fine of £1,000 laid and inflicted upon every such unqualified member (being so adjudged) by the said House of Commons, and imprisonment of his person until payment thereof.
And that the ensuing clauses in the said Article, viz. ' We desire that it may by your Highness' consent be ordained, that forty-one Commissioners be appointed by Act of Parliament, who, or five, or more of them, shall be authorised to examine and try whether the members to be elected for the House of Commons in future Parliaments be capable to sit, according to the qualifications mentioned in this Petition and Advice; and in case they find them not qualified accordingly, then to suspend them from sitting until the House of Commons shall, upon hearing their particular cases, admit them to sit; which Commissioners are to stand so authorised for that end, until the House of Commons in any future Parliament shall nominate the like number of other Commissioners in their places; and those other Commissioners so to be nominated in any future Parliament, to have the same power and authority. That the said Commissioners shall certify in writing to the House of Commons, on the first day of their meeting, the cause and grounds of their suspensions of any person so to be elected as aforesaid; that the accusation shall be upon oath of the informant, or of some other person. That a copy of the accusation shall be left by the party accusing, in writing under his hand, with the party accused, or, in his absence, at his house in the county, city or town for which he shall be chosen, if he have any such house, or if not, with the Sheriff of the county, if he be chosen for a county, or with the Chief Magistrate of the city or borough for which he is chosen '; shall not be put in execution or made use of, but shall be void, frustrate, null, and of none effect, and shall be so construed and taken to all intents and purposes whatsoever, anything contained in the said Petition and Advice to the contrary notwithstanding.
In the fifth Article.
That the nomination of the persons to supply the place of such members of the other House as shall die or be removed, shall be by your Highness and your successors.
In the seventh Article.
That the monies directed to be for the supply of the sea and land forces, be issued by advice of the Council; and that the Treasurer or Commissioners of the Treasury shall give an account of all the said money to every Parliament.
That the Officers of State and Judges, in the ninth Article of the said Petition and Advice mentioned, shall be chosen in the intervals of Parliament, by the consent of the Council, to be afterwards approved by Parliament.
That your Highness will be pleased, according to the usage of former Chief Magistrates in these nations, and for the better satisfaction of the people thereof, to take an oath in the form ensuing:
'I do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, to the uttermost of my power and understanding, and encourage the profession and professors of the same; and that to the uttermost of my power I will endeavour, as Chief Magistrate of these three nations, the maintenance and preservation of the peace and safety, and of the just rights and privileges of the people thereof; and shall in all things according to my best knowledge and power, govern the people of these nations according to law.'
That your Highness' successors do, before they take upon them the government of these nations, take an oath in the form aforesaid.
That all such persons who now are or shall hereafter be of The Privy Council of your Highness or successors, before they or either of them do act as Councillors, shall respectively take an oath before persons to be authorised by your Highness and successors for that purpose, in the form following:
' I, A. B., do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power, in my place, I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and that I will be true and faithful to His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland and the dominions thereto belonging, as Chief Magistrate thereof; and shall not contrive, design or attempt any thing against the person or lawful authority of his said Highness, and shall keep secret all matters that shall be treated of in Council, and put under secrecy, and not reveal them but by command or consent of his Highness, the Parliament or the Council, and shall in all things faithfully perform the trust committed to me as a Councillor, according to the best of my understanding, in order to the good government, peace and welfare of these nations.'
That the same oath be taken by the members of your Highness' Council of Scotland and Ireland.
That every person who now is, or hereafter shall be, a member of either House of Parliament, before he sit in Parliament, shall, from and after the 1st day of July, 1657, take an oath before persons to be authorised and appointed by your Highness and successors for that purpose, in the form following:
' I, A. B., do in the presence, and by the name of God Almighty, promise and swear, that to the uttermost of my power, in my place, I will uphold and maintain the true reformed Protestant Christian religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the profession and professors of the same; and that I will be true and faithful to the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the dominions and territories thereunto belonging, as Chief Magistrate thereof, and shall not contrive, design or attempt anything against the person or lawful authority of the Lord Protector, and shall endeavour as much as in me lies, as a member of Parliament, the preservation of the rights and liberties of the people.'
That your Highness would be pleased in convenient time, before the next meeting of this Parliament, to cause several summons in due form of law, to be issued forth to such persons as your Highness shall think fit (being qualified according to the humble Petition and Advice of the Parliament, whereto your Highness hath consented), to sit and serve as members in the other House of Parliament; by which summons the said persons shall be respectively commanded to be, and personally to appear at a certain place and time, to be appointed by your Highness, to give their advice and assistance, and to do such things concerning the great and weighty affairs of this Commonwealth, as to the other House of Parliament doth appertain by the said humble Petition and Advice.
That the persons so summoned and assembled together, shall be, and are hereby declared to be, the other House of Parliament; and shall, and may without further approbation of this House, from such time of their meeting, proceed to do and perform all such matters and things as the other House of Parliament ought to do and perform, and shall and may have and exercise all such privileges, powers and authorities as the other House of Parliament ought, by the aforesaid humble Petition and Advice to have and exercise; the said humble Petition and Advice, or anything therein contained to the contrary thereof notwithstanding.
Which Petition being presented the 26th day of June, 1657, his Highness' answer thereunto was read by the Clerk of the Parliament in these words,
The Lord Protector doth consent.
[1] i.e. 1649/50.
Contents | Home | Constitution Society
