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 publick Trust by the Par­liament of Scotland, be uncapable to Elect, or [Page] [Page 23] [...] [Page 24] be Elected, to sit and serve as Members of Parliament, or in any other place of Publick trust, relating unto the fourth and thirteenth Articles, in the Petition and Advice, excepting such as since have born Armes 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 & continuance in the same.

That the Proviso in the said fourth Article, be explained thus, viz. That such English and Sco­tish Protestants, who (since the defection of the Earl of Ormond, and the Lord Inchiquin, and before the first day of March, 1649.) have born Arms for, and ever since continued faithfull to the Parliament, or your Highness, or have otherwise (before y ^e said first day of March 1649.) given signal testimony of their good affection to this Commonwealth, and have ever since continued faithfull to the same, shall not be de­barred or deemed uncapable of Electing, or be­ing Elected to serve in Parliament.

And whereas in the said fourth Article Pub­lique Ministers, or Publique 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 in stead of Commissioners to be ap­pointed by Act of Parliament, to examine and [Page 25] 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 One thousand pounds 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.

And that the ensuing Clauses in the said Article, viz. We desire that it may by your High­ness Consent be Ordained, That forty and one Com­missioners, be appointed by Act of Parliament, who, or five, or more of them, shall be Authorized 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 this Petition and Advice, and in case they finde them not qualified accordingly, then to suspend them from sitting, until the House of Commons, shall, upon hearing their particular Cases, admit them to sit; which Com­missioners are to stand so Authorized for that end, un­til the House of Commons in any future Parliament, shall nominate the like number of other Commission­ers in their places: And those other Commissioners, so to be nominated in any future Parliaments, to have the same Power and Authority. That the said Commissioners shall Certifie in writing to the House of Commons, on the first day of their meeting, the cause and grounds of their suspensions of any person so to be Elected as aforesaid; That the Accusation shall be up­on Oath of the Informant, or of some other person. That a Copy of the accusation shall be left, by the party accusing, in writing under his hand, with the party ac­cused, or in his absence, at his house in the Country, City, or Town, for which he shall be Chosen, if he have any [Page 26] such House, or if not, with the Sheriff of the County, if he be chosen for a County, or with the chief Magi­strate of the City, or Burrough, for which he is chosen; shall not be put in Execution, or made use of, but shall be void, frustrate, Null and of none effect, and shall be so construed and taken to all intents and purposes whatsoever, any thing contained in the said Petition and Advice to the contrary notwithstanding.

In the fifth Article.

That the Nomination of the persons to supply the place of such Members of the other House, as shall die, or be removed, shall be by your High­nesse and your Successors.

In the seventh Article.

That the moneys directed to be for the supply of the Sea, and Land Forces, be issued by Advice of the Council, And that the Treasurers or Commissioners of the Treasury, shall give an Account of all the said money to every Parlia­ment.

That the Officers of State, and Iudges, in the Ninth Article of the said Petition and Ad­vice mentioned shall be chosen, in the Intervals of Parliament, by the Consent of the Council, to be afterwards approved by Parliament.

That your Highness will be pleased, accor­ding to the usage of former Chief Magistrates in these Nations, and 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 [Page 27] the uttermost 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, to the uttermost of my power and understanding, and incou­rage the profession, and professours 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 Peace and safety, and of the just Rights and Priviledges 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.

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 Councellors, 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 contayned in the [Page 28] Holy Scriptures of the Old and New Testa­ment, and encourage the profession and pro­fessors of the same; And that I will be true and faithfull to His Highness the Lord Pro­tector of the Common-wealth 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 law­full authority of his said Highness, and shall keep secret all matters that shall be treated of in Councel, and put under secrecy, and not reveal them but by Command or con­sent of His Highness, the Parliament, or the Councel, and shall in all things faithfully per­form the trust Committed to me as a Coun­cellor, according to the best of my under­standing, in order to the good Government, peace and welfare of these Nations.

That the same Oath be taken by the mem­bers of your Highness Councel of Scotland, and Ireland.

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, and by the name of God Almighty, promise and swear, that [Page 29] 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, & encourage the profession and professors of the same, and that I will be true and faithfull 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 lawfull 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.

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 Advise 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 [Page 30] Weighty Affairs of this Commonwealth, as to the other House of Parliament doth apper­tain, by the said Humble Petition and Advice.

That the Persons so summoned and Assem­bled together, shall be, and are hereby decla­red to be the other house of Parliament; and shall, and may without further Approbation of this House,, 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 Priviledges, Powers and Authorities, as the other House of Parliament ought, by the aforesaid Humble Petition and Advise to have and Exercise; the said Humble Petition and Advise, or any thing therein contained, to the contrary thereof not­withstanding.