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 dif ference, 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ordinances and clauses in any law, statute and ordinance, so far as they are contrary to the aforesaid liberty, be repealed.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, or Collegiate Church or Chapel, and for the sale or other 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, tenements, rents or hereditaments, lately belonging to the Commonwealth, 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 faith 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 1st day of January, 16411 (unless he or they have since borne arms for the Parliament or your

1 i. e. 164ž.

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 16th 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 1st 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 1st day of April, 1648), and were not in arms against the Parliament of England, or against the Parliament of Scotland, before the 1st day of April, 1648; and have since the 1st day of March, 1651 (old style), lived peaceably, 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 1st day of March, 1649, 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.

16. 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.

17. 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, coal-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 depend ing 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 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 conformable 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.

18. 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.

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 shall 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 with themselves, and to lay a foundation of further confidence between your Highness and them, to the rejoicing of the hearts of our friends and terror of our enemies.

Which Petition being presented the 25th day of May, 1657, his Highness' answer thereunto was read by the Clerk of the Parliament in these words,

The Lord Protector doth consent.

92. THE ADDITIONAL PETITION AND ADVICE.

[June 26, 1657. Scobell, ii. 450. See Masson's Life of Milton, iv. 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, 16491) 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') 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 £1000 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.

1 i. e. 168.