May, 1657.
[1.] The Committee of Parliament where Whitelock had the Chair, according to the or∣der of the House attended the Protector, and * acquainted him, that the House had now per∣fected their answer to the papers formerly de∣liver'd by his Highness to the Committee, who now attended him with the Parliaments an∣swer; His Highness told the Committee that he would take the particulars of this answer into consi∣deration, and as soon as might be, he would return his answer,
Whitelock declined the first delivery of the Petition and advice to the Parliament, not li∣king several things in it; but Sr. Christopher Packe, to gain honour, presented it first to the House: and then the Lord Broghil, Glyn, White∣lock and others put it forward.
[2.] The Protector often advised about this and other great businesses with the Lord * Broghil, Pierepoint, Whitelock, Sr. Charles Wol∣seley and Thurlo, and would be shut up 3 or 4 hours together in private discourse, and none were admited to come into him; he would sometimes be very chearful with them, and lay∣ing aside his greatness, he would be exceeding familiar with them, and by way of diversion, would make verses with them, and every one must try his fancy; he commonly called for Tobacco, Pipes and a Candle, and would now and then take Tobacco himself; then he would fall again to his serious and great business, and advise with them in those affairs; and this he did often with them, and their Counsel was ac∣cepted and followed by him, in most of his greatest affairs.
[3,] The Sieur Phillipi Passerini being sent by the Queen of Sweden to the Protector with Letters Credential, and to inform his Highness * of some Secret affairs; he by the Queens In∣structions addressed himself first to Whitelock, with Letters to him from the Queen, desiring Whitelock to bring her Secretary (this Gentle-man) to the presence of his Highness, and to pro∣mote his business; Whitelock acquainted the Protector therewith, and read to him the Queens letters to Whitelock which were in French; The Protector desired Whitelock to read them again to him in English, which he * did, and the Protector said he would consider of the business. Upon advice with his Council about it, some of them to shew their Extraor∣dinary care of his person suggested, that this Messenger being an Italian, (who were skilful in the art of poysoning, and ready to be hired for such a purpose) might bring poyson with his Letters to the danger of his Highness; and therefore diswaded him from receiving of this Messenger, or permitting him to come into his Highness presence.
The Protector smiling acquainted Whitelock with this cautious Counsel, who convinced the Protector of the folly of it, and the high dis∣stast that would be taken by the Queen in case her Secretary should be denyed audience; The Protector replyed that the Messenger desired to deliver his Errand in private to the Protector, and none to be by but one more, whom the Protector should appoint, and that person, his Highness said, he intended should be Whitelock, who said that if he were by when the Gentleman delivered his letter, he would first receive it of the Gentle-man, & hazard the danger of being poy∣soned by it, at which the Protector laughed, and appointed a day for the Gentlemans audi∣ence.
At that time Whitelock only was present with the Protector, and the Gentleman offering to deliver the letter to his Highness, Whitelock took it first from the Gentleman, and then he delivered his secret Message to his Highness, which Whitelock interpreted from the French, and it was a particular account of the causes why she ordered her Servant, the Italian Marquis, to be put to deathin France; and he also propounded to his Highness several matters in order to alliances with foreign Princes, which were of great conse∣quence, and probable advantage to England; and the Protector seemed well pleased with it.
Whitelock procured a civil treatment of the Gentleman whilest he was here, and a respect∣full answer to his business, and dismission of him; her Majesty had satisfaction in it, as well as her Secretary.
[5.] Whitelock having as Chairman dis∣patched * the great point of the humble petition and advice, touching the title of King, which was now laid aside, he absented himself as much as he could from the Committee, that some other might be employed in the other points relating to the Petition, and the Master of the Rolls Lenthal, reported from the Committee that his Highness had appointed them to attend him this afternoon; which the House ordered.
[6.] The Committee attended his High∣ness, who desired that the house would give a meeting to morrow.
[7.] The Master of the Rolls reported this to the House, and that since that appointment, his Highness had sent for some of the Committe, and desired that the Committee would meet him this afternoon; and that the meeting of the House with him this day might be put off, which the house ordered.
[8.] Whitelock reported their attendance upon his Highness, and that he desired, the Page 678 House would meet him this morning, and they presently adjourned to the Painted Cham∣ber.
[11.] The Bill for the Adventurers in Ire∣land read.
[15.] The House debated the Protectors answer to the Petition and Advice.
[19.] The House resumed the debate upon the Protectors answer to the Petition and Advice, and voted his Title to be Lord Protector, and re∣ferred * it back to the Committee to consider it.
[22.] The Committee reported to the House the Bounds and Limits of the Title of Lord Protector, and the House agreed to it.
[25.] A Committee named to attend the * Protector to know what time the House should wait on him about the Petition and Advice; and this afternoon being appointed by his Highness, the House waited on him, and presented it to him, and desired his consent thereunto.
The Petition and Advice was in these words,
To his Highness the LORD PROTECTOR of the Com∣mon-wealth of England, Scotland and Ireland, and the Dominions thereto be∣longing;
The humble Petition and Advice of the Knights, Citizens and Burgesses now Assembled in the Parliament of this Common-wealth.
WE the Knights, Citizens, and Burgesses in this present Parliament Assembled, taking into our most serious Consideration the present State of these Three Nations, Joyned and Ʋnited under Your Highness Protection, cannot but in the first place with all Thankfulness acknowledge the won∣derful Mercy of Almighty God, in delivering us from that Tyranny and Bondage, both In our Spiri∣tual and Civil Concernments, which the late King and his Party designed to bring us under, and pur∣sued the effecting thereof by a long and Bloody War; And also that it hath pleased the same gracious God to preserve Your Person in many Battels, to make You an Instrument for Preserving our Peace, al∣though environed with Enemies abroad, and filled with turbulent, restless and unquiet Spirits in our own bowels, that as in the treading down the Com∣mon Enemy, and restoring us to Peace and Tran∣quillity, the Lord hath used You so eminently, and the worthy Officers and Soldiers of the Army (whose Faithfulness to the Common Cause, We and all good men shall ever acknowledge, and put a just value upon.) So also that he will use you and them in the Settlement and Securing our Liberties as we are Men and Christians, to us and our Posterity after us, which are those great and glorious ends which the good People of these Nations have so freely, with the hazard of their Lives and Estates, so long and ear∣nestly contended for: We consider likewise the con∣tinual danger which your Life is in, from the Bloody Practices both of the Malignant and discontented Party (one whereof through the Goodness of God, you have been lately delivered from) It being a re∣ceived Principle amongst them, That no Order being Setled in your Life time for the Succession in the Government, nothing is wanting to bring us into Blood and Confusion, and them to their desired ends, but the destruction of Your Person; And in case things should thus remain at Your Death, we are not able to express what Calamities would in all humane probability ensue thereupon, which we trust Your Highness (as well as we) do hold Your Self obliged to provide against, and not to leave a People, whose common Peace and Interest You are intrusted with, in such a condition as may hazard both, especially in this Conjuncture, when there seems to be an opportunity of coming to a Settlement upon just and legal Foundations: Ʋpon these Considerations, We have judged it a duty in∣cumbent upon us, to present and Declare these our most just and necessary Desires to Your Highness.
I. That Your Highness will be pleased by and un∣der the Name and Stile of Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions and Territories thereunto be∣longing, To hold and exercise the Office of Chief Magistrate of these Nations, and to Govern ac∣cording to this Petition and Advice in all things therein contained, and in all other things accor∣ding to the Laws of these Nations, and not other∣wise; That Your Highness will be pleased during Your Life time, to Appoint and Declare the Per∣son who shall immediately after Your De•th, Succeed You in the Government of these Nations.
II. That Your Highness will for the future be pleas∣ed to Call Parliaments consisting of Two Houses (in such manner and way as shall be more particu∣larly afterwards agreed and Declared in this Peti∣tion and Advice) Once in Three Years at furthest, or oftner, as the Affairs of the Nation shall re∣quire, That being your great Council, and in whose Affection and Advice, Your Self and this People will be most safe and happy.
III. That the ancient and undoubted Liberties and Priviledges of Parliament (which are the Birth-right and Inheritance of the People, and where∣in every man is interessed) be preserved and main∣tained; And that You will not break or interrupt the same, nor suffer them to be broken or inter∣rupted; And particularly, That those persons who are legally chosen by a Free Election of the Peo∣ple to serve in Parliament, may not be excluded from sitting in Parliament to do their Duties, but by Judgment and consent of that House whereof they are Members.
IV. That those who have Advised, Assisted or A∣betted the Rebellion of Ireland, and those who do or shall profess the Popish Religion, be disabled and made uncapable for ever to be elected, or to give any Vote in the Elestion of any Member to sit or serve in Parliament; And that all and every per∣son and persons who have Aided, Abetted, Advi∣sed or Assisted in any War against the Parliament since the First day of January, One Thousand six hundred forty one (unless he or they have since born Arms for the Parliament or Your Highness, or o∣therwise given signal Testimony of his or their good. Page 657 Affection to the Commonwealth, and continued faith∣ful to the same) And all such as have been actual∣ly Engaged in any Plot, Conspiracy or design a∣gainst the person of Your Highness, or in any In∣surrection or Rebellion in England or Wales since the Sixteenth day of December, One thousand six hundred fifty three, shall be for ever disabled and made uncapable to be elected, or give any vote in the Election of any Member to sit or serve in Par∣liament. That for Scotland none be capable to e∣lect, or be elected to sit or serve in Parliament, who have been in Arms against the Parliament of Eng∣land, or against the Parliament in Scotland before the first day of April, One thousand six hundred for∣ty eight, (except such as have since born Arms in the Service of the Parliament of England or Your Highness, or given other signal Testimony of their good Affection) Nor any that since the said First day of April, One thousand six hundred forty eight, have been in Arms, or otherwise Aided, Abetted, Advised or Assisted in any War against the Par∣liament of England or Your Highness, except such as since the First day of March, One thousand six hundred fifty one (old style) have lived peaceably, and thereby given Testimony of their good Affection to the Parliament and Your Highness.
Provided, That nothing in this Article contain∣ed, shall extend to put any Incapacity upon any English or Scotch Protestants in Ireland, either to elect or be elected to serve in Parliament, who before the First day of March, One thousand six hundred for∣ty nine, have born 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; That all Votes and Elections, given or made contrary, or not according to the Qualifications aforesaid, shall be void and of none effect; and that if any person or persons so uncapable as aforesaid, shall give his or their Vote for Election of Members to serve in Parliament; All and every such person and persons so Electing, shalllose and forfeit oneYears value of his and their re∣spective real Estates, & one full third part of his and their respective personal Estates. The one Moyety thereof to Your Highness, and the other Moyety to him or them who shall sue for the same in any Court of Record by Action of Debt, Bill, Plaint or Infor∣mation, wherein no Essoign, Wager of Law, or Pro∣tection shall be allowed. And that the Persons who shall be Elected to serve in Parliament, be such, & no other than such, as are persons of known Integrity, fearing God, and of good Conversation, and being of the Age of Twenty one Years, and not such as are disabled by the Act of the Seventeenth Year of the late King, En∣tituled, An Act for disenabling all persons in Holy Orders, to Exercise any Temporal Ju∣risdiction or Authority, nor such as are Publick Ministers or publick Preachers of the Gos∣pel. Nor such as are guilty of any of the Offen∣ces mentioned in an Act of Parliament bearing Date the Ninth of August One thousand six hundred and fifty, Entituled, An Act against several Athe∣istical, Blasphemous, & Execrable Opinions dero∣gatory to the honour of God, and destructive to humane society; No common scoffernor reviler of Re∣ligion, or of any person or persons for professing there∣of, No person that hath married or shall marry a Wife of the Popish Religion, or hath trained or shall train up his child or children, or any other child or children under his tuition or government, in the Popish Religion, or that shall permit or suffer such child or children to be trained up in the said Reli∣gion, or that hath given or shall give his consent that his son or daughter shall marry any of that Re∣ligion; No person that shall deny the Scriptures to be the Word of God, or the Saecraments, Prayer, Ma∣gistracy and Ministery to be the Ordinances of God; No common prophaner of the Lords Day, nor prophane Swearer or Curser, no Drunkard or common haunter of Taverns or Alehouses. And that these Qualifications may be observed, and yet the Priviledge of Parliament maintained, We de∣sire that it may be by Your Highness consent Or∣d•ined, That Forty one Commissioners be appoint∣ed by Act of Parliament, who, or any fifteen or more of them shall be Authorized 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 Pe∣tition and Advice; And in case they find them not qualified accordingly, then to suspend them from sit∣ting until the House of Commons shall upon hearing of their particular Cases admit them to sit; which Commissioners are to stand so Authorized for that end, until the House of Commons in any future Par∣liament shall nominate the like number of other Com∣missioners in their places; and those other Commis∣sioners so to be nominated in any future Parliament, to have the same Powers and Authorities. That the said Commissioners shall certifie in writing to the House of Commons, on the first day of their meet∣ing, the Causes and Grounds of their Suspensions of any persons so to be elected as aforesaid: That the Accusation shall be upon the Oath of the Informer, or of some other person, That a Copy of the Accusation shall be left by the party acusing, 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 of which he is chosen: And that the number of persons to be Elected and chosen to Sit and serve in Parliament, for ENGLAND, SCOTLAND and IRELAND, and the distribution of the persons so chosen within the Coun∣ties, Cities and Boroughs of them respectively, may be according to such proportions as sholl be agreed up∣on and Declared in this present Parliament.
V That your Highness will consent, That none be cal∣led to Sit and Vote in the other House, but such as are not disabled, but qualified according to the Qualifications mentioned in the former Article, being such as shall be nominated by your Highness, and ap∣proved by this House; and that they exceed not Se∣venty in number, nor be under the number of Forty (whereof the Quorum to be One and twenty) who shall not give any Vote by Proxies; and that as a∣ny of them do dye, or be Legally removed, no new ones be admitted to Sit and Vote in their rooms, but by consent of the House it self: That the other House do not proceed in any Civil Causes, except in Writs of Error, in Cases adjourned from Inferior Courts into the Parliament for difficulty, in Cases of Pe∣titions against Proceedings in Courts ef Equity, and in Cases of the Priviledges of their own House: That they do not proceed in any Criminal Causes whatso∣ever, against any person criminally, but upon an Im∣peachment ef the Commons assembled in Parliament, and by their consent: That they do not proceed in any Cause, either Civil or Criminal, but according to the known Laws of the Land, and the due course and Custom of Parliament: That no final Determi∣nations or Judgments be by any Members of that House, in any Cause there depending, either Civil, Criminal or Mixt, as Commissioners or Delegates, to be nominated by that House; But all such final Page 658 Determinations and Judgments to be by the House it self, Any Law or Ʋsage to the contrary notwith∣standing.
VI. That in all other particulars which concern the calling and holding of Parliaments, your Highness will be pleased, That the Laws and Statutes of the Land be observed and kept; and that no Laws be Altered, and Suspended, Abrogated or Repealed, or new Law made, but by Act of Parliament.
VII. And to the end there may be a constant Revenue for Support of the Government, and for the Safety and Defence of these Nations by Sea and Land; We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds, whereof Ten hundred thousand Pounds for the Navy and Army, and Three hundred thousand pounds 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 As∣sembled in Parliament shall from time to time ad∣judge 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, Benevo∣lence, Tax, Tallage, Aid or other like Charge with∣out common consent by Act of Parliament, which is a Freedom the People of these Nations ought by the Laws to Inherit.
VIII. 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 Li∣berty in matters of Religion, nor without consent of the Council to be afterwards approved by both Hous∣es of Parliament, and shall not afterwards be re∣moved, but by consent of Parliament, but may in the Intervals of Parliament be suspended from the Ex∣ercise of his Place by your Highness or your Succes∣sors 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-Officers at Land, or Generals at Sea, which after that time shall be newly made and Constituted by Your Successors, be by 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 Parlia∣ment, sitting the Parliament; and in the Intervals of Parliament, by the Chief Magistrate by the Ad∣vice of the Council; And also that your Highness and Successors will be pleased to Exercise your Go∣vernment over these Nations by the Advice of your Council.
IX. And that the Chancellor, Keeper or Commissio∣ners of the Great Seal of England, the Treasurer or Commissioners of the Treasury there, the Ad∣miral, the Chief Governour of Ireland, the Chan∣cellor, 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 Com∣mander in Chief of the Forces in Scotland, and such Officers of State there, as by Act of Parliament in Scotland, are to be approved by Parliament, and the Judges in Scotland hereafter to be made, shall be approved of by both Houses of Parliament.
X 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 encou∣rage a Godly Ministry in these Nations, We ear∣nestly desire that such as do openly revile them or their Assemblies, or disturb them in the Worship or Service of God, to the dishonour of God, scandal of good men, or breach of the peace, may be punished according to Law, And where the Laws are defe∣ctive, that your Highness will give consent to such Laws as shall be made in that behalf.
XI. That the true Protestant Christian Religion, as it is contained in the holy Scriptures of the Old and New Testament, and no other, be held forth and as∣serted for the publique 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 Sciptures, 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 Revile or Reproach the Confession of Faith to be agreed upon as aforesaid: And such who profess Faith in God the Father, and in Jesus Christ his Eternal Son, the true God, and in the Holy Spirit, God coequal with the Father and the Son, one God blessed for ever; and do acknowlege the Holy Scriptures of the Old and New Testament, to be the Revealed Will and Word of God, and shall in other things differ in Doctrine, Worship or Disci∣pline, from the Publique Profession held forth; En∣deavours shall be used to Convince them by sound Doctrine, and the Example of a good Conversation: But that they may not be compelled thereto by Penal∣ties, nor restrained from their Profession; but pro∣tected from all Injury and Molestation in the pro∣fession of the Faith, and exercise of their Religion, whilest they abuse not this Liberty to the Civil In∣jury of others, or the Disturbance of the publique Peace; So that this Liberty be not extended to Po∣pery or Prelacy, or to the Countenancing such, who publish horrible Blasphemies, or practise or hold forth Licentiousness or Prophaness under the profession of Christ: And that those Ministers or Publique Prea∣chers, who shall agree with the publique Profession aforesaid in matters of Faith, although in their Judgment and Practice they differ in matters of Worship and Discipline, shall not onely have prote∣ction in the way of their Churches and Worship re∣spectively; but be esteemed fit and capable, not∣withstanding such difference (being otherwise duly Qualified and duly Approved) of any Trust, Promo∣tion or Imployment what soever in these Nations, that any Ministers who agree in Doctrine, Worship and Discipline with the Publique Profession aforesaid are capable of; And all others who agree with the publique Profession in matters of Faith, although they differ in. matters of Worship and Discipline as aforesaid, shall not onely have protection as afore∣said, but be esteemed fit and capable (notwithstand∣ing such difference, being otherwise duly Qualified) of Page 659 any Civil Trust, Imployment or Promotion in these Nations: But for such persons who agree not in matters of Faith with the publique Profession afore∣said, they shall not be capable of receiving the pub∣lique Maintenance appointed for the Ministery. Provided, That this Clause shall not be construed to extend to enable such Ministers or publique Preach∣ers, or Pastors of Congregations; But that they be Dis-enabled, and they are hereby Dis-enabled to hold any Civil Imployment, which those in Orders were or are Dis-enabled to hold, by an Act, Entituled, An Act for Disenabling all persons in Holy Orders, to Ex∣ercise any Temporal Jurisdiction or Authority. And that Your Highness will give Your consent, That all Laws, Statutes, Ordinances and Clauses in any Law, Statute or Ordinance, So far as they are contrary to the aforesaid Liberty, be Repealed.
XII. That all Acts and Ordinances of Parliament made for the abolishing of Arch-Bishops and Bishops; and for the abolishing of Deans, Deans and Chap∣ters, Cannons, Prebends, and other Offices and Titles, of, or belonging to any Cathedral, or Collegiate Church or Chappel; and for the sale or other dispo∣sition 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 Heredi∣taments 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, Tenements, Rents, or Hereditaments, lately belonging to the Commonwealth, shall no way be im∣peached, but that they do remain good and firm. And that the security given by Act and Ordinance of Parliament, for any Summe or Summes of monies, by any of the said Lands, the Excise, or by any other Publick Revenue; and also the Securities given by the Publick Faith of the Nation▪ and the Engage∣ment of the Publick Faith for satisfaction of debts, may remain firm and good, and not be made void by any pretence whatsoever.
XIII. That all and every person and persons, who have Ayded, Abetted, Advised, or Assisted in any War against the Parliament, since the first day of Janua∣ry, 1641. (unless he or they have since born Armes for the Parliamint, 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 sixteenth of De∣cember, 1653. And for Scotland, that all and e∣very person and persons, who have been in Armes against the Parliament of England, or against the Parliament in Scotland, before the first day of April, 1648. (except such as have since born 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 first day of April, 1648. have been in Armes, or otherwise Aided, Abetted, Advised, or Assisted in any War against the Parliament of Eng∣land, or your Highness, (except such persons who having been in Armes, or otherwise Abetted, Ad∣vised, or Assisted in any War against the Parlia∣ment of England, or your Highness, since the first day of April, 1648. and were not in Armes against the Parliament of England, or against the Parlia∣ment of Scotland, before the first day of April, 1648. and have since the first day of March. 1651, (Old stile) lived peaceably, and thereby given tes∣timony of their good affection to the Parliament, and your Highness, be made uncapable for ever, of hol∣ding or enjoyning of any Office or Place of Publick 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 Scotish Protestants in Ireland, who, before the first day of March, 1647. have born Armes for the Parliament, or your Highness, or otherwise given signal testimony of their good affection to this Common-wealth, and continued faithful to the same.
XIV. And that your Highness will be pleased to consent, that nothing in this Petition and Advice conteyned, 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.
XVI. And that nothing conteyned 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 conteyned; but that the said Acts and Ordinances not contrary here∣unto, shall continue and remain in force, in such man∣ner as if this present Petition and Advice had not at all been had or made, or your Highness consent thereunto given.
XVII. 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, Goal-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 Custome to the contrary; And that all Writs, and all Commissions, Indictments, or Informations, Process, Actions, Suits, Bills, or Plaints, taken out, or now depending in any Court of Record, at Westminster, or any other Court of Record, in England, Scotland or Ireland, or in the Town of Berwick upon Tweed; And all Process, Pleas, Demurrers, Continuances, and Pro∣ceedings, in every such Writs, Indictments, Infor∣mations, Actions, Suits, Bills, and Plaints shall be retornable, stand good and effectual, and be prosecu∣ted and sued forth, in such manner and form, and in the same state, condition and order, the Style and Teste of Proceedings, after passing of these presents, being made conformable thereunto, this present Peti∣tion and Advice, or your Highness assent thereunto, or any Law, Custome or usage to the contrary there∣of in any wise notwithstanding; And that any va∣riance that shall be occasioned by reason thereof, touching any the said Writs, process; or proceedings in the Name, Style, Teste, or otherwise, shall not be in any wise material as concerning any default or er∣rour to be alledged or objected thereunto.
XVIII. And that your Highness and your Successors, will be pleased to take an Oath, in such form as shall be Page 660 agreed upon by your Highness and this present Par∣liament, to Govern these Nations according to the Law.
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 con∣tained.
And these our desires being granted by your High∣ness, we shall hope (through the rich mercy and good∣ness of God) that it will prove some remedy to those dangers, distractions and distempers which these Na∣tions 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 Common-wealth; And thereby we shall be enabled and encouraged with all chearfulness, to the setling of such things, which shall be further necessary for the good of these Nations, and be most ready to joyn with You in promoting the work of Reformation, happily begun by your Highness, the regulating Courts of Justice, and abridging both the delaies and Charges of Law Suits, and apply our selves to such other Courses and Councels as may be most like to heal our breaches and divisions, and to restore these poor Na∣tions to a Ʋnion and consistencie with themselves, and to lay a foundation of further confidence between your Highness and them, to the rejoycing of the hearts of our friends and terror of our Enemies.
His Highness answer thereunto (after a so∣lemn Speech to them) Read by the Clerk of the Parliament in these words, The Lord Protector doth consent.
[26.] Further consideration of the Settle∣ment of the Nation by the Parliament.
[28.] A Letter from the Protector to the House with a Petition inclosed from the Army in Ireland, which the House referred to the Committee for Ireland.
