House of Commons Journal Volume 7: 30 November 1654

Thursday, the 30th of November, 1654.

Prayers.

Serjeant at Arms.

ORDERED, That Serjeant Middleton do attend this House during the Absence of Serjeant Birkhead.

Settling the Government.

The House resumed the Debate upon the Business of the Government.

Captain Baines presents a Clause, instead of the Clause which was committed to a Committee of the House, on Tuesday last; the said Committee having not yet met: Which Clause was read; and, upon the Question, agreed, in these Words, viz. "And, in case Writs be not issued out, as is before expressed, but that there be a Neglect therein, Fifteen Days after the Time wherein the same ought to be issued out by the Chancellor, Keeper, or Commissioners of the Great Seal; and in case the Sheriffs, or other Officer, shall not receive such Writs within Fifteen Days aforesaid; that then every such Sheriff, or other Officer, shall, within Ten Days after the said Fifteen Days, as fully, to all Intents and Purposes, as if such Writs had been issued forth and received as aforesaid, cause Proclamation to be made in every Market-Town within his or their County, or Counties, Ridings, and Places, upon the Market-Days thereof, betwixt Twelve and Three of the Clock, declaring the certain Place, and Day of the Week and Month, for electing of Members to serve in Parliament, for the Body of the said County or Counties, Riding, or Places, respectively, in such Manner and Form as is before provided; which said Elections are to be made within Twenty Days after the said Ten Days: And shall send Precepts for Elections to be made in all and every City, Town, Borough, and Place, within his or their County or Counties, Ridings or Places, where Elections are to be made, to the Mayor, Bailiff, or other HeadOfficer or Officers of such City, Town, Borough, or Place, within Six Days after the said Fifteen Days: Which Precepts the said Mayor, Bailiffs, or other Officer or Officers respectively, within Eight Days after the Receipt of the said Precept, are to make Publication of, and of the certain Day for such Elections to be made accordingly, within Eight Days after Proclamation of the said Precepts made as aforesaid; to the End there may be no Failure, but that the Parliament may assemble, and be held at Westminster, at the usual Place, and at the certain Times hereby appointed: And in case the said Sheriff or Sheriffs, or other Officer or Officers, authorized as aforesaid, shall neglect his or their Duty therein, so as through his or their Neglect, there shall be a Failure or Disappointment of the said Elections, then all and every such Sheriff or Sheriffs, Officer or Officers, authorized as aforesaid, so neglecting his or their Duty, shall be guilty of High Treason; and shall suffer the Pains and Penalties thereof."

The Clause, in the Report last made from the Committee of the whole House, was again read.

The Question being put, That the Council shall have the Names of the Members to be chosen to serve in Parliament, returned unto them, to judge of the Matter of Scandal or Delinquency; and to certify it to the Parliament; and, in the mean Time, such Members not to sit till the House adjudge it;

It passed in the Negative.

Resolved, That it be referred to the Council, to judge of the Persons returned for Members of Parliament, as touching any Charge of Delinquency mentioned in the Qualifications; and to examine the same, and certify the same to the Parliament: And that such Members shall not sit until the House have adjudged the same.

Resolved, That it be likewise referred to the Council as to Papists returned to serve in Parliament.

House to sit.

Resolved, That the House do sit on every Day, all Day, till the House take further Order.

post Merid.

Settling the Government.

THE next Clause of the Report upon the 22th Article was read, and agreed, in these Words; viz.

Resolved, That the Persons chosen and assembled in manner aforesaid, or any Sixty of them, shall be, and be deemed, the Parliament of England, Scotland, and Ireland.

The next Clause being read, upon the 32 Article;

Resolved, That these Words be inserted in this Clause; viz. "In the Vacancy of a Protector."

And the Clause, so amended, being put to the Question; It was

Resolved, That the Manner of electing the Protector, in the Vacancy of a Protector, sitting the Parliament, shall be such as the Parliament shall think fit.

The next Clause was read; and, upon the Question, agreed, as followeth:

Resolved, That, the Protector dying in the Intervals of Parliament, the Council shall immediately assemble, in some convenient Place; and, having given Notice to all their Number, or to as many of them as conveniently they may, of the Cause and Time of their assembling, shall, being Thirteen at least present, proceed to the Election; and Eleven of them, or more, shall agree who shall be the succeeding Protector: And, before they depart, shall declare such Person, so agreed upon, to succeed in the Government: The manner of Election in all other things to be as the Council shall think fit.

The last Clause in this Report was now read.

Resolved, That these Words be inserted in this Clause; viz. "Nor Papist, nor whose Wife is a Papist, nor any of the Children of the late King Charles."

And the Clause, so amended, was, upon the Question, thus:

Resolved, That the Person so to be elected Protector, shall be such, and no other than such, as shall, by his good, Conversation, among the People of these Nations, manifest himself to be a Man of Ability, Truth, and Courage, fearing God, and hating Covetousness: Provided, that he shall not be under the Age of Five-and-twenty Years, no Alien, nor Papist, nor any whose Wife is a Papist, nor any of the Children of the late King Charles, nor such as shall have, or may pretend to have, Title of Inheritance unto the Supreme Government of these Nations of England, Scotland, and Ireland, or of any of them, or any other Title than by Election, as aforesaid.

The House resumed the Debate upon the First Report from the Committee of the whole House: And the Clause was now read, in these Words; That Persons who shall be of the Council, shall be such as shall be nominated by the said Lord Protector, and approved by the Parliament."

The Question being put, That the House do proceed in the Debate of this Question, at this Time;

The House was divided.

The Noes went forth.

So it passed in the Negative.