House of Commons Journal Volume 7
24 June 1657

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1802

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'House of Commons Journal Volume 7: 24 June 1657', Journal of the House of Commons: volume 7: 1651-1660 (1802), pp. 571-574. URL: http://british-history.ac.uk/report.aspx?compid=24668 Date accessed: 28 November 2014.


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Wednesday, 24th June, 1657.

Protector's Oath.

THE Lord Chief Justice reports from the Committee appointed to consider of the Oath for the Lord Protector, &c. The Opinion of the Committee, in Five Papers: Which were now read; and afterwards, taken into Debate, by Parts.

The First Paper, containing the Form of the Oath, was read.

A Paper was tendered, for an Addition to the said Oath, in these Words; viz.

"I do, in the Presence, and by the Name, of God Almighty, promise and swear, That, to the utmost 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; and encourage the Profession and Professors of the same:" Which was read.

Resolved, That this be made Part of the Oath.

Resolved, That in the Form of the Oath brought in by the Committee, the Words "Maintenance and" be inserted, next before the Words "the Preservation."

And the Paper, so amended, was read, in these Words:

"That your Highness will be pleased, according to the Usage of former Chief Magistrates in these Nations, 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 utmost 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; and encourage the Profession and Professors of the same: And that, to the Utmost of my Power, I will endeavour, as Chief Magistrate of these Three Nations, the Maintenance and Preservation 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."

And the Paper, so amended, was, upon the Question, agreed.

The Second Paper being read;

Resolved, That these Words, "before Persons to be authorized by your Highness and Successors for that Purpose," be transposed; and put after these Words, "shall respectively take an Oath."

Resolved, That, in the Beginning of the Oath in this Paper, the same Clause be inserted, that is inserted in the Oath of the Protector, viz. "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 * * * *

Resolved, That these Words, "in my Place," be inserted in this Clause, next after the Words "of my Power."

Resolved, That these Words, "the Parliament," be inserted in the Oath, next after the Words "Consent of his Highness."

Resolved, That these Words, viz. "in order to the good Government, Peace, and Welfare of these Nations," be inserted in the Oath, in the last Clause.

Resolved, That, instead of the Word "just," the Word "lawful" be inserted.

The Question being propounded, That these Words, viz. "And I will not willingly or wittingly, according to the best of my Understanding, advise, act, or consent to any thing, to disadvantage the Liberty, Property, or Interest of the People," shall be Part of this Oath;

And the Question being put, That the Words "or Consent" do stand in this Clause;

It passed in the Affirmative.

This Clause being laid aside by the general Sense of the House, the Paper, as it was amended, was read thus; viz.

Oath of Privy Council.

"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 Counsellors, shall respectively take an Oath before Persons to be authorized 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 Counsellor, according to the best of my Understanding, in order to the good Government, Peace, and Welfare of these Nations."

And, upon the Question, was agreed.

Resolved, That the same Oath be taken by the Members of his Highness' Council of Scotland and Ireland.

Oath by Members.

The Third Paper was read:

The Question being put, That an Oath shall be taken by the Members of both Houses of Parliament, in such Form as this House shall agree;

The House was divided.

The Yeas went forth.

Lord Whitelock, Tellers for the Yeas: 63.
Mr. Secretary, With the Yeas,
Colonel Sidenham, Tellers for the Noes: 55.
Sir Edward Rhodes, With the Noes,

So it passed in the Affirmative.

The Paper being again read;

Resolved, That this Debate be adjourned till Four of the Clock this Afternoon.

Post Meridiem.

Oath by Members.

THE House resumed the Debate upon the Report this Day made for an Oath to be taken by the Members of Parliament.

Resolved, That these Words, "shall respectively take an Oath," be transposed; and placed next before the Words "before such," &c.

Resolved, That this Clause be Part of the Oath; viz.

"I 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 thereof;"

The Question being put, That the Word "just" do stand in this Oath;

It passed in the Negative.

Resolved, That the Word "lawful" be inserted, instead thereof.

Resolved, That these Words, "from and after the First Day of July 1657," be added in the First Clause.

The Question being put, That the Words "all such Persons who now are" do stand;

It passed in the Negative.

Resolved, That the Word "every" be inserted, instead thereof.

The Question being put, That the Words "either of them" do stand;

It passed in the Negative.

Resolved, That the Word "he" be inserted, instead thereof.

The Question being put, That the Word "respectively" do stand;

It passed in the Negative.

And the Paper thus amended, being read, was agreed, as followeth;

"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 First Day of July 1657, take an Oath, before Persons to be authorized and appointed by your Highness and Successors for that Purpose, in the Form following;

I A. B. do, in the Presence of, 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 Seriptures 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 any thing 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."

Parliaments.

The Fourth Paper being read; the First Part thereof was, upon the Question, agreed, as followeth;

"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."

The next Clause was read;

"That the said Persons so summoned and assembled together shall be, and are hereby declared to be, the Other House of Parliament; and shall and may, 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 any thing therein contained to the contrary thereof notwithstanding."

The Question being put, That these Words, "without further Approbation," be inserted in this Clause, next after the Words "shall and may," and before the Words "from such Time;"

The House was divided.

The Yeas went forth.

Captain Blackwell, Tellers for the Yeas: 90.
Colonel Talbott, With the Yeas,
Colonel Mathews, Tellers for the Noes: 41.
Captain Lister, With the Noes,

So it was Resolved, That these Words, "without furtheir Approbation," be inserted in this Clause, next after the Words "shall and may," and before the Words "from such time."

And the Clause so amended, being put to the Question, was agreed.

The Lord Chief-Justice reports, from the same Committee, The Opinion of that Committee, That these Resolutions be made Part of the Additional Petition and Advice; and ingrossed with it.

Resolved, That these Resolutions be made Part of the Additional Petition and Advice; and ingrossed with it.

The Lord Chief Justice reports from the same Committee, A Draught of a Proclamation by his Highness and the Parliament: Which was read; and, upon the Question agreed; the Word "Whitehall" being omitted, and "Westminster" put, instead thereof; in these Words; viz.

WHEREAS the Knights, Citizens, and Burgesses, of the Parliament of England, Scotland, and Ireland, taking into their Consideration the Duty incumbent upon them to provide for the future Peace and Settlement of the Government of these Nations, according to the Laws and Customs of the same, by their humble Petition and Advice, have presented their Desires unto his Highness Oliver Lord Protector, That he would, by and under the Name and Style of Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging, hold and exercise the Office of Chief Magistrate of these Nations:

Whereunto the Lord Protector, upon due and mature Consideration of the said Petition and Advice, hath consented: And his Highness the Lord Protector, and the Parliament, judging it necessary, that Publication be made of the Premises, have thought meet, and do hereby strictly charge and command all and every Person and Persons, of what Quality and Condition soever, in any of the said Three Nations, to take notice of the Premises, and to conform and submit themselves unto the Government so established: The Lord Mayor of the City of London, and all Sheriffs, Mayors, Bailiffs, and other publick Ministers and Officers, whom this may concern, are required to cause this Proclamation, together with the said Petition and Advice, to be forthwith published in the City of London, and the respective Counties, Cities, Corporations, and Market-Towns; to the end that none may have Cause to pretend Ignorance in this Behalf.

Given at Westminster, the Day of

Protector to be attended.

Ordered, That a Committee be appointed to attend his Highness the Lord Protector, to acquaint him with the Form of the Oath to be taken by his Highness; And to desire his Highness would be pleased to appoint a Time when he will be pleased to take the same; and also to appoint a Time when the House may attend his Highness for the Passing of Bills.

Resolved, That the Committee that brought in this Report, be the Committee to attend his Highness herein: And are to meet, at the Rising of the House, in the Speaker's Chamber.

Administering Oath.

The Fifth Paper, reported in the Morning, was read; and, accordingly agreed: Viz. That Westminster-Hall be prepared suitable to such a Solemnity; at the higher End thereof, a Chair of State, a Canopy, Table, &c. That it be seated for the Members of Parliament; and then, on the Right-hand, the Judges in their Robes; and, on the Left-hand, the Lord Mayor and Aldermen in their Scarlet.

Resolved, That Sir Thomas Pryde, Mr. Bond, Mr. Maidston, and Captain Blackwell, take care hereof.

Resolved, That when his Highness shall be near the Table, the Speaker do administer the Oath unto him.

Irish Rebels.

Resolved, That the Bill of Attainder of the Rebels in Ireland shall be read, the first Business, To-morrow Morning.

Probate of Wills.

Resolved, That the Bill for Probate of Wills, and granting Administrations, shall be read the next to that of the Attainder.

Lord Broghill's Estate.

Mr. Disbrow reports from the Committee to whom it was referred, A Clause, in Parchment, to be added to the Bill, intituled, An Act for settling the Castle of Blarny, and Lands to the Value of One thousand Pounds per Ann. which were Part of the Possessions of Donnagh Mac Cartthy Lord Viscount Muskerry, upon Roger Boyle Lord Baron of Broghill, his Heirs and Assigns, in Satisfaction of all his Arrears and Demands, unto the 28th Day of June 1656: Upon which Bill the House now resumed the Debate formerly adjourned: Which Clause was twice read; and was in these Words; viz. * * * * and was, upon the Question, ordered to be made Part of the Bill.

Another Clause was tendered, in Parchment, to be added to this Bill, in these Words; viz. "And be it further Enacted and Ordained, by his Highness the Lord Protector, and this present Parliament, and by the Authority of the same, That One or more Commissions under the Great Seal of England, with such Instructions as his Highness shall direct in that Behalf, be forthwith issued unto the Lord Deputy and Council in Ireland, or to any Three or more of them, for the Setting-out, and settling of Lands in Ireland, upon Colonel John Jones, and his Heirs, in Satisfaction of Three thousand and Two Pounds and Eight Shillings, due unto him from the Commonwealth, according to the Tenor and true Meaning of an Order of this present Parliament, bearing Date the Second Day of June 1657, for his Satisfaction, as aforesaid: And be it further Enacted, That the Settlement, so to . . made, in Performance of the said recited Order, and of this present Act, shall be and continue good and firm in Law, for the Vesting and Settling of the said Lands upon the said John Jones, his Heirs and Assigns, for ever: Which was read the First and Second time; and, upon the Question, ordered to be Part of the Bill.

Another Clause was tendered to this Bill, on the Behalf of Colonel John Carter: Which was read the First time; and by the Leave of the House, withdrawn.

Another Clause was added to this Bill in these Words; viz. * * * *

Which was twice read; and, upon the Question, ordered to be Part of the Bill.

And the Bill, with these Schedules, was, upon the Question, passed.

Resolved, That this Bill be offered to the Lord Protector, for his Consent.

The Question being put, That his Highness be desired to issue a Privy-Seal, for Payment of Three thousand Pounds, out of the Prize-Office, in Course, to Colonel John Carter, in Part of Satisfaction of his Arrears, and Publick Faith;

The House was divided.

The Yeas went forth.

Colonel Ingoldsby, Tellers for the Yeas: 45.
Mr. Bodurda, With the Yeas,
Major General Kelsey, Tellers for the Noes: 43.
Colonel Harvey, With the Noes,

So it was Resolved, by the Parliament, That his Highness be desired to issue a Privy Seal, for Payment of Three thousand Pounds, out of the Prize-Office, in Course, to Colonel John Carter, in Part of Satisfaction of his Arrears, and Publick Faith.

Letter from the Protector.

A Letter from his Highness the Lord Protector; directed, "To Mr. Speaker: To be communicated to the Parliament;" of the 21th of June 1657; touching the Arrears due to his own Regiment, and others; was this Day read.