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1657] The Humble Petition and Advice 453

of these nations by sea and land; \re declare our willingness
to settle forthwith a yearly rerenue of £1,300,000 pounds,
whereof £1,000,000 for the navy and army, and £300,000
for the support of the Government, and no part thereof to
be raised by a land tax; and this not to be altered without
the consent of the three Estates in Parliament; and to grant
such other temporary supplies, according as the Commons
assembled in Parliament shall from time to time adjudge
the necessities of these nations to require ; and do pray your
Highness that it be declared and enacted, that no charge be laid,
nor no person be compelled to contribute to any gift, loan,
banevolence, tax, tallage, aid, or other like charge without
common consent by Act of Parliament, which is a freedom
the people of these nations ought by the laws to inherit.

8. That none may be added or admitted to the Privy
Council of your Highness or successors, but such as are of
known piety, and undoubted affection to the rights of these
nations, and a just Christian liberty in matters of religion,
nor without consent of the Council to be afterwards approved
by both £(ouse8 of Parliament, and shall not afterwards be
removed but by consent of Parliament, but may in the
intervals of Parliament be suspended from the exercise of
his place by your Highness, or your successors and the
Council, for just cause; and that the number of the Council
shall not be above one-and-twenty, whereof the quorum to
be seven, and not under; as also that after your Highness'
death, the Commander-in-Chief under your successors of such
army or armies as shall be necessary to be kept in England,
Scotland or Ireland, as also all such field-ofificers at land
or generals at sea, which, after that time shall be newly made
and constituted by your successors, be by the consent of the
Council, and not otherwise.

And that the standing forces of this Commonwealth shall be
disposed of by the Chief Magistrate, by consent of both Houses
of Parliament, sitting the Parliament ; and in the intervals of
Parliament, by the Chief Magistrate, by the advice of the
Council; and also that your Highness and successors will be
pleased to exercise your Government over these nations by the
advice of your Council.



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454 Constitutional Documents [1657

9. And that the Chancellor, Keeper or Commissioners of
the Great Seal of England, the Treasurer or Commissioners
of the Treasury there, the Admiral, the chief Goyernor of
Ireland, the Chancellor, Keeper or Commissioners of the Great
Seal of Ireland, the Chief Justices of both the Benches, and
the Chief Baron in England and Ireland, the Commander-
in-Chief of the forces in Scotland, and such officers of State
there, as by Act of Parliament in Scotland, are to be approyed
by Parliamenti and the Judges in Scotland hereafter to be
made, shall be approyed of by both Houses of Parliament.

10. And whereas your Highness out of your zeal to the
glory of God, and the propagation of the gospel of the Lord
Jesus Christ, hath been pleased to encourage a godly ministry
in these nations, we earnestly desire that such as do openly
reyile them or their assemblies, or disturb them in the worship
or seryice of God, to the dishonour of God, scandal of good
men, or breach of the peaoe, may be punished according to
law; and where the laws are defeotiye, that your Highness
will giye consent to such laws as shall be made in that behalf.

11. That the true Protestant Christian religion, as it is
contained in the Holy Scriptures of the Old and New Testa-
ment, and no other, be held forth and asserted for the public
profession of these nations; and that a Confession of Faith,
to be agreed by your Highness and the Parliament, according
to the rule and warrant of the Scriptures, be asserted, held
forth, and recommended to the people of these nations, that
none may be suffered or permitted, by opprobrious words or
writing, maliciously or contemptuously to reyile or reproach
the Confession of Faith to be agreed upon as aforesaid; and
such who profess faith in Gk>d the Father, and in Jesus
Christ His eternal Son, the true God, and in the Holy Spirit^
God co-equal with the Father and the Son, one God blessed
for eyer, and do acknowledge the Holy Scriptures of the Old and
New Testament to be the reyealed Will and Word of God, and
shall in other things differ in doctrine, worship or discipline,
from the public profession held forth, endeayours shall be used
to conyince them by sound doctrine, and the example of a good
conyersation ; but that they may not be compelled thereto by
penalties, nor restrained from their profession, but protected



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1657] The Humble Petition and Advice 455

from all injury and molestation in the profession of the faith,
and exercise of their religion, whilst they abuse not this liberty
to the ciril injury of otherg, or the disturbance of the public
peace; so that this liberty bo not extended to Popery or
Prelacy, or to the countenancing such who publish horrible
blasphemies, or practise or hold forth licentiousness or pro-
faneness under the profession of Christ ; and that those ministers
or public preachers, who shall agree with the public profession
aforesaid in matters of faith, although in their judgment and
practice they differ in matters of worship and discipline, shall
not only have protection in the way of their churches and
worship respectively, but be esteemed fit and capable, notwith-
standing such difference (being otherwise duly qualified and
duly approved), of any trust, promotion or employment whatso-
ever in these nations, that any ministers who agree in doctrine,
worship and discipline with tiie public profession aforesaid are
capable of; and all others who agree with the public profession
in matters of faith, although they differ in matters of worship
and discipline as aforesaid, shall not only have protection
as aforesaid, but be esteemed fit and capable (notwithstanding
such difference, being otherwise duly qualified) of any civil
trust, employment or promotion in these nations : but for such
persons who agree not in matters of faith with the public
profession aforesaid, they shall not be capable of receiving
the public maintenance appointed for the ministry.

Provided, that this clause shall not be construed to extend
to enable such ministers or public preachers, or pastors of
congregations; but that they be disenabled, and they are
hereby disenabled, to hold any civil employment, which those
in Orders were or are disenabled to hold, by an Act, entitled,
'An Act for disenabling all persons in Holy Orders to
exercise any temporal jurisdiction or authority/ And that
your Highness will give your consent, that all laws, statutes,
ordinances and clauses in any law, statute and ordinance, so
far as they are contrary to the aforesaid liberty, be repealed.

12. That all Acts and Ordinances of Parliament made for
the abolishing of Archbishops and Bishops, and for the
abolishing of Deans, Deans and Chapters, Canons, Prebends,
and other offices and titles of or belonging to any Cathedral,



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45^ Constitutional Documents [1657

or Collegiate Church or Chapel, and for the sale or oAer
disposition of the lands, rents and hereditaments, unto any or
either of them belonging, or for the sale or other disposition
of the lands, rents and hereditaments of the late King, Queen,
or Prince ; or of the lands of delinquents, fee-farm, or other
rents, forest-lands, or any of them; or any other lands, tene-
ments, rents or hereditaments, lately belonging to the Common-
wealth, shall no way be impeached, but that they do remain
good and firm; and that the security given by Act and
Ordinance of Parliament, for any sum or sums of monies,
by any of the said lands, the excise, or by any other public
revenue ; and also the securities given by the public fiftith of the
nation, and the engagement of the public faith for satisfaction
of debts, may remain firm and good, and not be made void
by any pretence whatsoever.

13. That all and every person and persons who have aided,
abetted, advised or assisted in any war against the Parliament,
since the ist day of January, 1641 ^ (unless he or they have
since borne arms for the Parliament or your Highness, or
otherwise given signal testimony of his or their good affection
to the Commonwealth, and continued faithful to the same);
and all such as have been actually engaged in any plot,
conspiracy or design, against the person of your Highness, or in
any insurrection or rebellion, in England or Wales, since the
1 6th of December, 1653: and for Scotland, that all and every
person and persons who have been in arms against the Parliament
of England, or against the Parliament in Scotland, before
the 1st day of April, 1648 (except such as have since borne arms
in the service of the Parliament of England or your Highness,
or given other signal testimony of their good affection); and
every person or persons that since the said ist day of April,
1648, have been in arms, or otherwise aided, abetted, advised
or assisted in any war against the Parliament of England or
your Highness (except such persons who having been in arms,
or otherwise abetted, advised or assisted in any war against the
Parliament of England or your Highness, since the ist day of
April, 1648), and were not in arms against the Parliament of
England, or against the Parliament of Scotland, before the ist
M.e. 164J.



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1657] The Humble Petition and Advice 457

day of April, 164S ; and haye since the ist day of March, 1651
(old style), lived pe<Mseably, and thereby given testimony of their
good affection to the Parliament and your Highness, be made
incapable for ever of holding or enjoying of any office or place
of public trust, in these three nations, or any of them.

Provided, that nothing in this Article contained shall extend
to put any incapacity in this Article mentioned upon any English
or Scotch Protestants in Ireland, who, before the ist day of March,
1 649, have borne arms for the Parliament or your Highness, or
otherwise given signal testimony of their good affection to this
Commonwealth, and continued faithful to the same.

14. And that your Highness will be pleased to consent,
that nothing in this Petition and Advice contained, nor your
Highness' assent thereto, shall be construed to extend to the
dissolving of this present Parliament, but that the same shall
continue and remain, until such time as your Highness shall
think fit to dissolve the same.

15^. And that nothing contained in this Petition and Advice,
nor your Highness' consent thereunto, shall be construed to
extend to the repealing or making void of any Act or Ordinance
which is not contrary hereunto, or to the matters herein
contained, but that the said Acts and Ordinances not contrary
hereunto shall continue and remain in force, in such manner as
if this present Petition and Advice had not at all been had
or made, or your Highness' consent thereunto given.

16. And that all writs issued out of the Chancery, and all
writs and patents of the Justices of the one Bench, and of
the other, Barons of the Exchequer, Commissions of oyer and
terminer, gaol-delivery, and Justices of the Peace, and all other
commissions, patents, and grants, made and passed under the
Great Seal of England, Scotland or Ireland, shall stand good and
effectual in the law, notwithstanding this Petition and Advice,
or your Highness' assent thereunto, or any law, statute or
custom to the contrary ; and that all writs, and all commissions,
indictments, informations, process, actions, suits, bills or
plaints, taken out, or now depending in any Court of Record

^ In quoting the articles, it should be remembered that both Scobell und
the official publication (B. M. Press Mark, £ 1065, 18) number them
vnrongly from this point.



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458 Constitutional Documents [1657

at Westminster, or any other Coart of Record, in England,
Scotland or Ireland, or in the town of Berwick-upon-Tweed ;
and all process, pleas, demurrers, continuaDces and proceedings,
in every such writs, indictments, informations, actions, -suits,
bills and plaints, shall be returnable, stand good and effectual,
and be prosecuted and sued forth, in such manner and form,
and in the same state, condition and order, the style and test of
proceedings, after passing of these presents, being made con-
formable thereunto, this present Petition and Advice, or your
Highness' assent thereunto, or any law, custom or usage to
the contrary thereof in any wise notwithstanding ; and that any
variance that shall be occasioned by reason thereof, touching
any the said writs, process or proceedings in the name, style,
test or otherwise, shall not be in any wise material as concerning
any default or error to be alleged or objected thereunto.

17. And that your Highness and your successors will be
pleased to take an oath, in such form as shall be agreed upon
by your Highness and this present Parliament^ to govern these
nations according to the law.

18. And in case your Highness shall not be satisfied to give
your consent to all the matters and things in this humble
Petition and Advice, that then nothing in the same be deemed
of force, to oblige the people of these nations in any the
particulars therein contained.

And these our desires being granted by your Highness, we
shall hope (through the rich mercy and goodness of God)
that it will prove some remedy to those dangers, distractions,
and distempers which these nations are now in, and be an
effectual means to remove those jealousies and fears which
remain in the minds of many men concerning the Government
of this Commonwealth ; and thereby we shall be enabled and
encouraged with all cheerfulness to the settling of such things,
which ^all be further necessary for the good of these nations,
and be most ready to join with you in promoting the work
of reformation, happily begun by your Highness, the regulating
courts of justice, and abridging both the delays and charges of
law suits, and apply ourselves to such other courses and
counsels as may be most like to heal our breaches and divisions,
and to restore these poor nations to a union and consistency



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1657] The Additional Petition and Advice 459

with themBelTes, and to lay a foundation of further confidence
between your Highness and them, to the rejoicing of the he^s
of our friends and terror of our enemies.

Which Petition being presented the a 5th day of May, 1657,
his Highness' answer thereunto was read by the Clerk of the
Parliament in these words,

The Lord Protector doth consent.



103. Thb Additiokal Pstitiok and Advice.

[June a6, 1657. Soobell, ii. 450. See Mamon's Life of Milton, v. 142.]

To hia Highness the Lord Protector of the CommomoeaUh of
England, Scotland and Ireland, and the dominions and
territories theretmto belonging ; the humble additional and
explanatory Petition and Advice of the knights, citizeris and
burgesses now assembled in the Parliament of this Common-
wealth.

Whereas upon the humble Petition and Advice of the said
knights, citizens and burgesses, now assembled in the Parlia-
ment 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 men-
tioned, and may it be declared with your Highness' consent :

In the foui*th 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 ^m 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
ti-ust, 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



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46o Constitutional Documents [1657

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
Inchiqain, and before the ist day of March, 1649^) have
borne arms for, and over since continued faithful to the Par-
liament or your Highness, or have otherwise (before the said
ist day of March, 1649^) given signal testimony of their
good affection to this Commonwealth, and have ever since con-
tinued 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 Qospel are disabled to be elected
to serve in Parliament ; it is heieby explained and declared to
extend to such ministers and preachers only as have main-
tenance 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 Com-
' i.e. i6|J.



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X657] The Additional Petition and Advice 461

missioners 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 Parlia-
ment, to have the same power and authority. That the said
Commissioners shall certify in writing to the House of Com-
mons, 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 shal) 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 remoyed,
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 Commisiiioners 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 Adyiee mentioned, shall be chosen in
the intervals of Parliament, by the consent of the Council, to
be afterwards approved by Parliament.

lliat 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 :



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462 Constitutional Documents [1657

* I do in the presence, and by the name of Qod 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 goveinment 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 refoimed
Protestant Christian religion, in the purity thereof, as it is con-
tained 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 Hb 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 com-
mand 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 under-
standing, in order to the good government, peace and welfare of
these nations.'



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1657] The Additional Petition and Advice 463

That the same oath be taken by the members ot your
Highness' Council of Scotland and Ireland.

That every person who now is, or hereafter thall be, a
member of either House of Parliament, before ho sit in Parlia-
ment, shall, from and after the ist 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 Common-
wealth 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



Online LibrarySamuel Rawson GardinerThe constitutional documents of the Puritan revolution 1625-1660 → online text (page 48 of 51)