House of Commons Journal Volume 7: 6 December 1654

Wednesday, the 6th of December, 1654.

Prayers.

Religion.

RESOLVED, That the Lord Broghill, Mr. Rous, Mr. Bulkley, and Sir Wm. Masham, or Two of them, be daily present with the Divines, whose Advice hath been desired in the Business touching Religion; and to desire them to attend that Business, and perfect the same, for a speedy Consideration of this House.

Settling the Government.

The House resumed the Debate upon the Report from the Committee of the whole House, touching the Government.

The Question being propounded, That this Proviso be added to the last Vote; viz. "Provided that this Vote shall not extend to the Reducing of the Land-Forces to a less Number than Thirty thousand in the Three Nations; viz. Twenty thousand Foot, and Ten thousand Horse and Dragoons; without the Consent of the present Lord Protector and the Parliament, sitting the Parliament; and in the Intervals of Parliament, without the Consent of the Lord Protector, and the Council;"

And the Question being put, That that Question be now put;

It passed with the Negative.

Resolved, That the Exercise of the Chief Magistracy over this Commonwealth, and the People thereof, shall be in the Lord Protector, assisted with a Council; the Exercise of which Power shall be according to the Laws, and according to such Limitations as are, or shall be, agreed upon in Parliament.

Resolved, That all Writs, Process, Commissions, Patents, Grants, and other Things, which heretofore did or might lawfully have passed or issued, in the Name or Stile of the Keepers of the Liberty of England, by Authority of Parliament, shall pass and issue in the Name of the Lord Protector of the Commonwealth of England, Scotland, Ireland, and the Dominions thereunto belonging.

Resolved, That such Titles of Honour, as shall be hereafter conferred in this Commonwealth, shall be derived from the Lord Protector; and that no Title of Honour, hereafter to be conferred by the said Lord Protector, shall be hereditary, without Consent of Parliament.

Resolved, That it shall not be in the Power of the said Lord Protector, to pardon any Person lawfully convicted of Murder.

The Question being put, That it shall not be in the Power of the said Lord Protector, to pardon any Person lawfully convicted of Treason;

The House was divided.

The Yeas went forth.

So it was Resolved, That it shall not be in the Power of the said Lord Protector, to pardon any Person lawfully convicted of Treason.

Post Meridiem.

Settling the Government.

RESOLVED, That the Lord Protector, with the Consent of the Council, shall have Power to pardon, except in case of Murder and Treason.

Resolved, That the Committee to whom the Consideration of the Ordinances made by the Lord Protector and the Council, to take into Consideration the Ordinance touching Treasons, and the several former Acts touching the same; and prepare a Bill, and present the same to the House on To-morrow Sevennight.

Resolved, That the said Lord Protector, by the Advice and Consent of the major Part of his Council, shall direct in all Things, concerning the Keeping and Holding a good Correspondency with Foreign Kings, Princes, and States.

Resolved, That the Benefit of all Forfeitures and Confiscations, not already granted, or otherwise lawfully vested in any other Person or Persons, Bodies Politick or Corporate, shall belong to the Lord Protector, according to the Trust reposed in him by Law, and as shall be agreed upon by Parliament.

Resolved, That the Power of making War, is only in the Lord Protector and the Parliament.

Resolved, That, sitting the Parliament, no Peace shall be concluded but by Consent of Parliament; and, in the Intervals of Parliament, the Power of making Peace shall be in the Lord Protector and the Council, with such Reservations and Limitations as the Parliament shall approve.

The Question being propounded, That the Persons to be chosen within England, Wales, and Town of Berwick on Tweed, to sit and serve in Parliament, shall not exceed the Number of Four hundred;

And the Question being put, That this Question be now put;

It passed in the Affirmative.

And the main Question being put; It was

Resolved, That the Persons to be chosen within England, Wales, and the Town of Berwick upon Tweed, to sit and serve in Parliament, shall be, and not exceed, the Number of Four hundred.

Resolved, That the Persons to be chosen within Scotland, to sit and serve in Parliament, shall be, and not exceed, the Number of Thirty.

Resolved, That the Persons to be chosen within Ireland, to sit and serve in Parliament, shall be, and not exceed, the Number of Thirty.

Resolved, That the House doth agree with the Distribution brought in by the Committee, for Members to serve in Parliament for the County of Cornwall, and the several Places therein mentioned in the said Distribution.

The Question being put, That the House doth agree with the Committee, that the Borough of Quinborough in the County of Kent, shall hereafter have One Burgess to serve in Parliament;

It passed in the Negative.

Resolved, That the Burgess formerly appointed for the Borough of Quinborough shall hereafter be added to the County of Kent.

The Question being put, That one of the Knights for the County of Northumberland be taken from the County; and that the Town of Morpeth shall hereafter send one Burgess to serve in Parliament;

It passed in the Negative.

Resolved, That the House doth agree with the Committee, in transferring the Burgess from Woodstock to Banbury.

The Question being put, That the House doth agree with the Committee, in transferring the Burgess from the Borough of Dunwich to the Borough of Aldbourgh;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

Resolved, That the Borough of Dunwich have one Burgess to sit and serve in Parliament.

Resolved, That Burgesses for the City of Coventry shall be chosen to sit and serve for the City and County of the City of Coventry.

The Question being propounded, That the House doth agree with the Committee, in the Distribution of the Members for the respective Counties and Places, with the Alterations aforesaid;

And the Question being put, That this Question be now put;

It passed in the Affirmative.

And the main Question being put; It was

Resolved, That the House doth agree with the Committee; in the Distribution of the Members for the respective Counties and Places, with the Alterations aforesaid.

Resolved, That the Office of the Lord Protector over these Nations shall be Elective, and not Hereditary.

Resolved, That the Chancellor, Keeper, or Commissioners of the Great Seal, the Treasurer, or Commissioners for the Treasury, Admiral, or Commissioners exercising the Power of the Lord High Admiral, Chief Governors of Ireland and Scotland, the Chief Justices of both the Benches, Chief Baron of the Exchequer, shall be chosen by the Approbation of Parliament; and, in the Intervals of Parliament, by the Approbation of the Major Part of the Council, to be afterwards approved by the Parliament.

Resolved, That these Words, "and the rest of the Judges and Barons of the Exchequer," be inserted in the last Vote.

And so it was Resolved, That the Chancellor, Keeper, or Commissioners of the Great Seal, the Treasurer, or Commissioners for the Treasury, Admiral, or Commissioners exercising the Power of the Lord High Admiral, the Chief Governors of Ireland and Scotland, the Chief Justices, and the rest of the Judges of both the Benches, Chief Baron, and the rest of the Barons of the Exchequer, shall be chosen by the Approbation of Parliament; and, in the Intervals of Parliament, by the Approbation of the major Part of the Council, to be afterwards approved by the Parliament.

The Question being propounded, That the Chancellor, Keeper, or Commissioners for the Great Seal of Ireland, the Chief Justices and Judges of both the Benches, Chief Baron and Barons of the Exchequer in Ireland, shall be chosen by the Approbation of the Parliament; and, in the Intervals of Parliament, by the Approbation of the major Part of the Council, to be afterwards approved by the Parliament;

And the Question being put, That this Question be now put;

It passed in the Affirmative.

And the Question being now put; It was

Resolved, That the Chancellor, Keeper, or Commissioners for the Great Seal of Ireland, the Chief Justices and Judges of both Benches, and Chief Baron and Barons of the Exchequer in Ireland, shall be chosen by the Approbation of the Parliament; and, in the Intervals of Parliament, by the Approbation of the major Part of the Council, to be afterwards approved by the Parliament.

Resolved, That the Judges of the Publick Courts of Justice in Scotland, shall, from henceforth, be chosen by the Approbation of Parliament; and, in the Intervals of Parliament, by the Approbation of the major Part of the Council, to be afterwards approved by the Parliament.

The Question being propounded, That the Council for Ireland shall be chosen by the Approbation of Parliament; and, in the Intervals of Parliament, by the Approbation of the major Part of the Council, to be afterwards approved by the Parliament;

And the Question being put, That this Question be now put;

It passed in the Negative.

The Clause was read, in these Words; "That the true Christian Religion, as it is contained in the Holy Scriptures of the Old and New Testament, shall he held forth, and recommended, and no other, as the publick Profession of these Nations."

Resolved, That this Debate be adjourned till Tomorrow Morning.