House of Commons Journal Volume 7: 27 November 1654

Monday, the 27th of November, 1654.

Prayers.

Settling the Government.

THE House this Day proceeded upon the Report from the Committee of the whole House, upon the Government.-

Assessment.

Ordered, That, on Saturday next, the House do take into Consideration the Assessment of Scotland and Ireland.-

Settling the Government.

The Clause upon the Fourteenth, and Fifteenth Article, was read:

And the Question being propounded, That all and every Person and Persons who have aided, advised, assisted, or abetted in any War, against the Parliament, since the 1st Day of January 1641, unless they have been since in the Service of the Parliament, and given signal Testimony of their good Affections thereunto, shall, during their Lives, be disabled, and be uncapable to be elected, or to give any Vote in the Election of any Member to serve in any Parliament:

Resolved, That the Word "voluntary" be added before the Word "aided".

And the said Clause, so amended, was, upon the Question, assented unto.

Ordered, That it be referred to a Committee, to prepare a Clause enabling such Persons as were enforced to take up Arms against the Parliament, in Ireland, and having since served, and been faithful to the Parliament, to have Votes in Elections: Viz. To Colonel Zanchy, Lord Broghill, Lord H. Cromwell, Colonel Hutchinson, Major Morgan, Colonel Hill, Mr. Smyth, Commissioner General Whalley, Mr. Recorder, Mr. Gookin, Sir Theophilus Jones, or any Three of them.

The Clause upon the Sixteenth Article was read: And,

Resolved, That all Votes and Elections given or made contrary, or not according to these Qualifications, shall be null and void: And if any Person who is by these Qualifications made uncapable, shall give his Vote for Election of Members to serve in Parliament, such Persons shall lose and forfeit one full Year's Value of his Real Estate, and one full Third Part of his Personal Estate; one Moiety thereof to the Lord Protector, and the other Moiety to him or them who shall sue for the same in any of the Courts of Record at Westminster, by Action of Debt, or Information; wherein shall be no Wager of Law, Essoign, or Protection allowed.

The next Clause in the Report was read.

The Question being put, That these Words, viz. "and such as are publick Ministers, or publick Preachers of the Gospel," do stand in this Clause;

It passed in the Affirmative.

The Question being put, That these Words; viz. "and not guilty of any of those Offences mentioned in an Act of Parliament, bearing Date the 9th of August 1650, intituled, An Act against several atheistical, blasphemous and execrable Opinions, derogatory to the Honour of God, and destructive to human Society," do stand in this Clause;

It passed in the Affirmative.

Resolved, That, instead of these Words, "or hath trained, or shall train up his Child or Children in that Religion," these Words be inserted; viz. "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 Religion."

Resolved, That these Words be in this Clause, "No common Profaner of the Lord's Day, nor profane Swearer or Curser, none that shall hereafter drink Healths." And all the rest of this Clause, being read in Parts, was agreed.

And the whole Clause, so amended, being put to the Question, was resolved, as followeth:

That the Persons who shall be elected to serve in Parliament, shall be such, and none other than such, as are Persons of known Integrity, fearing God, and of good Conversation; and being of the Age of One-and-twenty Years: and not such as are disabled by the Act of the 17th of King Charles, intituled, An Act for disenabling all Persons in Holy Orders to exercise any temporary Jurisdiction or Authority; nor such as are public Ministers, or public Preachers, of the Gospel; nor such as are guilty of any of the Offences mentioned in an Act of Parliament, bearing Date the 9th of August 1650, intituled, An Act against several atheistical, blasphemous, and execrable Opinions, derogatory to the Honour of God, and destructive to human Society; no common Scoffer, nor reviler of Religion, or of any Person or Persons for professing thereof; 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 Religion; or hath given, or shall give, his Consent, that his Son or Daughter shall marry any of that Religion; no Person that shall deny the Scriptures to be the Word of God, or the Sacraments, Prayer, Magistracy, and Minister, to be the Ordinances of God; no common Profaner of the Lord's Day, nor profane Swearer or Curser; no Drunkard, or Haunter of Taverns, Ale houses, or Brothel-houses; none that shall hereafter drink Healths; or be guilty of Adultery, Fornication, or Extortion, Perjury, Forgery, or Bribery.

Drinking Healths, &c.

Ordered, That a Bill be brought in against Drinking of Healths; and for the putting like Degrees of Penalties on Drunkards, as is by the Act imposed on Swearers: And for enabling the Justices of Peace to levy the Penalties, or execute the Punishments, in that Behalf, in a more speedy way than by former Acts is provided; and Supply of the Defects in those Laws: And that Mr. Recorder do bring in a Bill, accordingly.

Post Merid.

Swearing and Gaming.

ORDERED, That Mr. Recorder do also bring in a Bill for the Supply of the Defects in the former Acts touching Swearing, and unlawful Gaming, and GamingHouses.

Settling the Government.

Mr. Recorder reports from the Committee who were ordered to withdraw this Morning, their Opinion touching the Clause referred to be penned by them: Which was read; and, upon the Question, agreed as followeth:

That all and every Person and Persons who do or shall profess the Popish Religion, in Ireland, or who have advised, assisted, or abetted, in the Rebellion of Ireland, before the First Day of September 1643, shall, during their Lives, be disabled, and be uncapable to be elected, or to give any Vote in the Election of any Member to serve in any Parliament: And likewise, that all and every Person and Persons who have advised, voluntarily assisted, or abetted, in the Rebellion of Ireland, since the First Day of September 1643, or have at any time advised, voluntarily assisted or abetted the War in England, or Scotland, against the Parliament, shall, during their Lives, be disabled, and be uncapable to be elected, or to give any Vote in the Election of any Member to serve in any Parliament; provided, that this extend not to disable, or make uncapable, such Persons constantly professing the Protestant Religion, who, before the 25th Day of December 1649, did submit, and have ever since continued faithful, to the Parliament, and given signal Testimony of their good Affection thereunto.

The next Clause in the Report from the Committee of the whole House upon the Government, was read.

The Question being put, That this Clause in the Report; viz. "That all and every Person or Persons that shall be elected Members to serve in Parliament, having aided, advised, assisted, or abetted in any War against the Parliament, and since the First of January 1641, unless they have been since in the Service of the Parliament, and given signal Testimony of their good Affections thereunto; and all such who have advised, assisted, or abetted in the Rebellion of Ireland, or shall profess the Popish Religion, and shall nevertheless presume to sit and act in Parliament, as Members thereof; that all and every such Person shall forfeit Two hundred Pounds; Two Parts to the Lord Protector, and a Third to him and them that will sue for the same;" do stand.

It passed in the Negative.

The Clause upon the 18th Article being read.

The Question being put, That any Person, not within the aforesaid Exceptions, having an Estate of Freehold of the yearly Value of Forty Shillings, within any County; Riding, Limit, or Place, shall have Liberty to give his Vote for the Election of a Knight or Knights to serve in Parliament for the same County, Riding, Limit, or Place where the said Land doth lie;

The House was divided.

The Yeas went forth.

So it was Resolved, That any Person, not within the former Exceptions, having an Estate of Freehold, of the yearly Value of Forty Shillings, within any County, Riding, Limit, or Place, shall have Liberty to give his Vote for the Election of a Knight or Knights to serve in Parliament for the same County, Riding, Limit, or Place, where the said Land doth lie.

The Question being put, That Candles be brought in;

The House was divided.

The Yeas went forth.

So it passed with the Affirmative.

The Question being put, That every Person having an Estate, Real or Personal, to the Value of Two hundred Pounds, shall have his Vote in Election of Members to sit in Parliament for Counties;

The House was divided.

The Yeas went forth.

So it passed with the Affirmative.

Resolved, That this Word, "Act," be omitted in the Proviso, contained in the Clause aforesaid, and the Word "hereby" inserted between these Words, "having" and "right."

Resolved, That this Proviso, so amended, do stand in this Clause.

The Question being propounded, That this Proviso be also added to this Clause; viz. "Provided also, that such of the Persons aforesaid, having an Estate real or personal to the clear Value of Two hundred Pounds, that shall give his Vote for Election of any Member to serve in Parliament for any City, Borough, or Town Corporate, shall be excluded from giving his Vote for Election of any Knight for that County, in the same Parliament;"

And the Question being put, That these Words, "unless he have an Estate of Freehold in the County, to the clear yearly Value of Forty Shillings, within the same County," be Part of the Question;

The House was divided.

The Yeas went forth.

So it passed in the Affirmative.

Resolved, That this Proviso be added to the Clause; viz. "Provided also, that such of the Persons aforesaid, having an Estate real or personal to the clear Value of Two hundred Pounds, that shall give his Vote for Election of any Member to serve in Parliament for any City, Borough, or Town Corporate, shall be excluded from giving his Vote for Election of any Knight for that County in the same Parliament, unless he have an Estate of Freehold in the County, to the Value of Forty Shillings:"

And the whole Clause so amended, with the Proviso aforesaid, being put to the Question, was agreed, in these Words:

Resolved, That all and every Person and Persons, not within the aforesaid Exceptions, being resident for the Space of Three Months or more, before the Time of Election of Members to Parliament, in such County, where Election is to be made, having an Estate in Freehold, to the yearly Value of Forty Shillings, within any County, Riding, Limit, or Place; or having an Estate, real or personal, to the full and clear Value of Two hundred Pounds, or more, to be declared, upon Oath, by such Person or Persons, if required; and which said Oath the Sheriffs, or their Deputies, are hereby impowered to give; shall be capable to give his or their Vote for the Election of Members for such County, Riding, Limit, or Place, where such Land or Estate doth lie:

Provided, this extend not to alter any ancient Customs, Charters, or Privileges, of any Cities, Boroughs, Towns, or Corporations, who have hereby Right to elect Members to Parliament, but the same continue as formerly; any thing in these Presents to . . . contrary notwithstanding: Provided that such of the Persons aforesaid, having an Estate real or personal, to the clear Value of Two hundred Pounds, that shall give his Vote for Election of any Member to serve in Parliament for any City, Borough, or Town Corporate, shall be excluded from giving his Vote for Election of any Knight for that County, in the same Parliament, unless he have an Estate of Freehold in the County to the yearly Value of Forty Shillings.