THE HUMBLE PETITION OF DIVERS Well-affected Persons, DELIVERED The 6th day of July, 1659. TO THE SUPREME AUTHORITY, THE PARLIAMENT OF THE Common-vvealth OF ENGLAND. With the Parliaments Answer there­unto, and Sense thereupon.

LONDON, Printed for Thomas Brewcter, at the three Bibles in Pauls Church-yard, at the West end, 1659.

To the Supream Authority, THE Parliament of the Commonwealth of England. The Humble Petition of divers well-affected Persons.

SHEWETH,

THat your Petitioners have for many years ob­served the breathings and longings of this Na­tion after Rest and Settlement, and that upon mistaken grounds they have been ready even to sacrifice and yield up part of their own undoubted right, to follow after an appearance of it.

And your Petitioners do daily see the bad effects of long continued distractions, in the ruines and decayes of Trade Forraign and Domestique; And in the advan­tages that are taken to make Confederacies to involve the Nation in Blood and Confusion, under pretence of procuring a Settlement.

That it hath been the practice of all Nations upon the subversion of any form of Government, to provide im­mediately [Page 4]a new constitution, suitable to their conditi­on; with certain successions and descents, that so both their Law-givers and Magistrates, might use their se­veral Trusts, according to the established constitution; and the Peoples mindes be setled secure, and free from attempts of intraducing several forms of Governments, according to the variety of their fancies, or corrupt in­terests.

That God hath preserved this Nation wonderfully without example many years, since the dissolution of the old form of Government, by King, Lords, and Com­mons, there having been no fundamental Constitutions of any kind duly setled, nor any certain succession pro­vided for the Legislative power; but even at this instant, if by any sudden sickness, design or force, any conside­rable numbers of your persons should be rendered inca­pable of meeting in Parliament, The Commonwealth were without form of successive Legislature or Magi­stracy, and left to the mercy of the strongest faction. Yet we have reason to remember in these years of unsettle­ment, the expressible sufferings of this Nation, in their strength, wealth, honour, liberty, and all things condu­cing to their well-being; And we have like reason now, sadly to apprehend the unpending ruine; And we can­not discern a possibility of your Honours unanimous, and expeditious proceedings towards our Countries preser­vation, and relief from its heavy pressures, whilest your mindes are not setled in any known Constitution of Go­vernment or fundamental Orders: according to which, all Lawes should be made; but diverse or contrary in­terests may be prosecuted upon different apprehensions of the Justice and Prudence of different forms of Go­vernment, though all with good intentions.

Your Petitioners therefore conceiving no remedy so effectual against the present dangers, as the settlement of the peoples mindes, and putting them into actual security of their properties and liberties, by a due establishment of the Constitution under which they may evidently appre­hend their certain enjoyment of them; and thereupon, a return of their Trade and free Commerce, without those continual feares, that maketh such frequent stops in Trade, to the ruine of thousands.

And your Petitioners also observing, that the In­terest of the late Kings Sonne, is cryed up, and promoted daily, upon pretence, that there will be nothing but confusion and Tyranny, until he come to govern; and that such as declare for a Commonwealth, are for Annarchy and confusi­on, and can never agree amongst themselves, what they would have.

Upon serious thoughts of the premises, your Petitioners do presume with all humility, and submission to your Wisdom to offer to your Honours, their Principalls and Pro­posalls concerning the Government of this Nation: Whereupon, they humbly con­ceive, a just and prudent Government ought to be established, viz.

I. That the Constitution of the Civil Government of England by King, Lords, and Commons, being dissol­ved, whatever new Constitution or Government can be made or settled according to any Rule of righteousness, It can be no other then a wise Order or Method, into which the free Peoples Deputies shall be formed for the making of their Lawes; and taking Care for their Common safety and welfare in the execution of them: For, the exercise of all just authority over a free People, ought (under God) to arise from their own Consent.

II. That the Government of a free People ought to be so settled, that the Governours and Governed may have the same Interest in preserving the Government, and each others Proprieties and Liberties respectively; That being the onely sure foundation of a Common­wealth's Unity, Peace, Strength, and Prosperity.

III. That there cannot be an Union of the Interests of a whole Nation in the Government, where those who shall sometimes Govern, be not also sometimes in the Condition of the Governed; otherwise the Governours will not be in a capacity to feel the weight of the Go­vernment, nor the Governed to enjoy the advantages of it: And then it will be the interest of the Major part to destroy the Government; as much as it will be the in­terest of the Minor part to preserve it.

IV. That there is no security that the Supream Authority shall not fall into factions, and be led by their private Interest to keep themselves alwayes in power, and di­rect the Government to their private advantages; If that Supream Authority be setled in any Single Assem­bly whatsoever, That shall have the entire power of Propounding, Debating, and resolving Laws.

V. That the Soveraign Authority in every Government of what kind soever, ought to be certain in its perpe­tual Successions, Revolutions or Descents: and with­out possibility (by the Judgement of humane prudence) of a death or failer of its being, because the whole forme of the Government is dissolved, if that should happen, and the people in the utmost imminent danger of an absolute Tyranny, or a War amongst themselves; or Rapine and confusion. And therefore where the Go­vernment is Popular, the Assemblies in whom reside the Supream Authority, ought never to die or dissolve: though the persons be annually Changing: neither ought they to trust the Soveraign care of the strength and safety of the people our of their own hands, by al­lowing a Vacation to themselves, lest those that should be trusted be in love with such Great Authority, and aspire to be their Masters, or else fear an Account, and seek the dissolution of the Common-wealth to avoyd it.

VI. That it ought to be declared as a Fundamental Or­der in the Constitution of this Common-wealth, that the Parliament being the Supream Legislative Power, is intended only for the exercise of all those Acts of [Page 8]Authority that are proper and peculiar unto the Le­gislative Power; and to provide for a Magistracy, unto whom should appertain the whole Executive Power of the Lawes: and no Case either Civil or Criminal to be Judged in Parliament, saving that the last Ap­peals in all Cases, where Appeals shall be thought fit to be admitted, be only unto the Popular Assembly; and also that unto them be referred the Judgement of all Magistrates in Cases of Male Administrations in their Offices.

And in prosecution of these Principles, Your Petitioners Humbly propose for the Settlement of this Commonwealth, that it be Ordained,

1. That the Parliament or the Supreme Authority of Eng­land, be chosen by the free People, to represent them with as much equality as may be.

2. That a Parliament of England shall consist of two As­semblies, the lesser of about three hundred, in whom shall re­side the entire power of consulting, debating, and propounding Lawes: the other, to consist of a farre greater number, in whom shall rest the sole power of resolving all Lawes so pro­pounded.

3. That the free People of England, in their respective divisions at certain dayes and places appointed, shall for ever annually choose one third part to each Assembly, to enter into their Authority, at certain dayes appointed: the same dayes, the Authority of a third of each of the said Assemblies to cease, onely in the laying the first Foundation in this Common­wealths Constitution: the whole number of both the As­semblies to be chosen by the People respectively, (viz.) One third of each Assembly to be chosen for one year, One third for two years, and one third for three years.

4. That such as shall be chosen, having served their appointed time in either of the said Assemblies of Parliament shall not be capeable to serve in the same assembly during some convenient intervall or vacation.

5. That the Legislative power doe wholy refer the execu­tion of the Laws unto the Magistracy, according to the sixth principle herein mentioned.

6. That in respect to Religion and Christian liberty, It be ordained that the Christian Religion by the appoint­ment of all succeeding Parliaments, be taught, and pro­mulgated to the Nation, and publique Preachers thereof maintained; and that all that shall professe the said Religion, though of different perswasions in parts of the Doctrine, or Discipline thereof, be equally protected in the peaceable profession, & publique exercise of the same; and be equally capeable of all elections, Magistracies, pre­ferments in the commonwealth, according to the order of the same. Provided alwaies, that the publique exercise of no Religion contrary to Christianity be tollorated: nor the publique exercise of any Religion, though pro­fessedly Christian, grounded upon, or incorporated into the interest of any Forraign State or Prince.

These your Petitioners humbly conceive, to be the Essentials of the form of a free Commonwealth, which if they were made fit for practise by your Ho­ners appointing the numbers, times, places, and all other necessary circumstances, and setled as the fun­damental Orders of the Commonwealth, would na­turally dispose those that should hereafter be chosen into the Parliaments, from the love of their own in­terest to seek the common good being obliged by the constitutions here humbly offered to partake [Page 10]with the whole body of the people, of the good or evil that shall happen to the Commonwealth, ha­ving no probable temptations or means left, to compass any private or factious ends in matters Re­ligious or Civil, And your Petitioners cannot ima­gine a greater security for the cause and interest contended for with such effusion of blood, Then by disposing the free people into this kind of order, whereby the same cause would become their common interest. Yet if your Honours should think it necessary or convenient for securing the minds of such as are doubtful, and jealous, that the people may betray their own liberties; There may be inserted into the fundamental orders of the Com­monwealth, these following Expedients, Viz.

I That for securing the government of this Common­wealth, & of the Religious and Civil freedom of the good people thereof, it may be for ever esteemed & judged Treason against the Commonwealth, for any member of either Assembly of Parliament, or any other person whatsoever to move or propose in either of the said Assemblies, the restitution of King­ly Government, or the introduction of any single Person to be chief Magistrate of England, or the alte­ration of that part of the fundamental order herein contained that concerns the equal freedom and pro­tection of Religious persons of different perswasions.

II That about the number of twelve persons of the [Page 11]most undoubted fidelity and integrity, may be au­thorised and impowred for some certain number of yeers next ensuing to seize, apprehend, and in safe custody to detain any person or persons whatsoever till he or they be in due form of law, delivered as is hereafter specified; That shall move or propose in either of the said Assemblies of Parliament the re­stitution of Kingly Government, or the Introdu­ction of any single person to be chief Magistrate of this Commonwealth, or the alteration of that part of the fundamental order herein contained, that con­cerns the equal freedom, and protection of Religi­ous persons, of different perswasions. But for no other matter or cause whatsoever; And when it shall happen that any person or persons shall be are­sted or seized for any of the causes aforesaid, in manner aforesaid; a Commission of Oyer and Ter­miner may issue forth in due form of Law, unto the said Twelve or any Six of them to proceed in due form of law, within one moneth after the appre­hension of any such person or persons: to the arraignment and publique trial of every such person or persons, and upon the legal conviction of him or them by the testimony of two sufficient witnesses of any of the Treasons herein declared, to condemn to the pains of death; and to cause the same Judgment to be duly executed, and the keeper or keepers of the great seal of England that shall be for the time being may be authorised and required from time to time during the Term of yeers to issue out Com­missions unto the said twelve or any six of them authorizing them to proceed as aforesaid.

And if your Honours shall further judge it conve­nient, the fundamental orders of the Government may be consented unto or subscribed, by the people themselves, if their express pact shall be esteemed any additional security; other Nations upon the like occasions of expulsion of their Kings, having taken the peoples oathes against their returning, And the same may be proclaimed as often as our Ancestors provided for the proclaiming of Magna Charta and any further security also added, if any can be found amongst men, that hath a foundation in justice.

Now your Petitioners having with humble sub­mission to your grave wisdomes, thus declared their apprehensions of the present condition of this di­stracted Nation, and the only effectual means un­der God to prevent the impending mischiefs; They do most humbly pray,

That such speedy Considerations may be had of the premises as the Condition of this Nati­on requires, and that such a method may be setled for the debating, and consulting a­bout the Government, that your wise Re­sults may be seasonable for the healing all the breaches of the Commonwealth and establi­shing sure foundations of Freedom, Justice, Peace, and Unity.

And your Petitioners shall alwayes pray, &c.

Wednesday, July the 6. 1659.

The house being informed that divers Gentlemen were at the door with a Pe­tition, they were called in, and one of the Pe­titioners in the Behalf of himself and the rest said, we humbly present you a petition, to which we might have had many thousand hands, but the matter rather deserves your serious consideration then any publique at­testation, and therefore we do humbly pre­sent it to this honourable House: which after the petitioners were withdrawn was read and was entituled, The humble Petition of divers well affected persons.

Resolved.

That the Petitioners have the thankes of the House.

The Petitioners were again called in and Mr. Speaker gave them this answer.

Gentlemen,

The House hath read over your Petition, and [Page 14]find it without any private end, and only for publique interest, And I am commanded to let you know that it lyeth much upon them to make such a settlement, as may be most for the good of posterity. And they are about that worke, and intend to goe forward with it with as much expedition as may be, And for your parts they have commanded me to give you thankes: and in their names I do give you the thanks of this House accor­dingly.

Tho. St. Nicholas Clerke of the Parliament.

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