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A45618 The Oceana of James Harrington and his other works, som [sic] wherof are now first publish'd from his own manuscripts : the whole collected, methodiz'd, and review'd, with an exact account of his life prefix'd / by John Toland. Harrington, James, 1611-1677.; Toland, John, 1670-1722. 1700 (1700) Wing H816; ESTC R9111 672,852 605

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introduc'd by Christ into his Church Matth. 19. 28. WE do not find that CHRIST who gave little countenance to Sect. 1 the Jewish Traditions ordain'd his Apostles or Disciples by the imposition of hands his Apostles were twelve whom he compares to the twelve Princes of the Tribes of Israel and his Disciples were seventy in which number it is receiv'd by Divines that he alluded to the seventy Elders or Sanhedrim of Israel So thus far the Government of the Church instituted by CHRIST was according to the form instituted by MOSES But CHRIST in this form was King and Priest not after the institution of MOSES who separated the Levits to the Priesthood but as before MOSES when the Royal and Priestly Vid. Grotium videat Grotius in Epist ad Hebraeos Function were not separated and after the order or manner of MELCHISEDEC who came not to the Priesthood by proving his Pedegree as the High Priest in Israel by Father or as the King Priest in Athens by Mother but without Father and Mother Or be what has bin said of MELCHISEDEC approv'd or rejected such for the rest as has bin shewn was the form introduc'd by CHRIST into his Church The first way of Ordination Acts 1. CHRIST being taken up into Heaven his Disciples or Followers Sect. 2 in Jerusalem increas'd to about one hundred and twenty names and the Apostles decreas'd by one or by JUDAS who was gon to his place PETER whether upon the Counsil or Determination of the eleven Apostles as is most probable beforehand or otherwise stood up and spoke both to the Apostles and Disciples assembl'd upon this occasion That one out of the present Assembly might be ordain'd an Apostle and they that is the Congregation or why was this propos'd to them appointed two by Suffrage for how otherwise can an Assembly appoint These were BARSABAS and MATTHIAS which Names being written in scrols were cast into one Urn two Lots wherof one was a blank and the other inscrib'd with the word Apostle being at the same time cast into another Urn. Which don they pray'd that God would shew which of the Competitors by them so made he had chosen when they had thus pray'd they gave forth their Lots that is a scrol out of the one Urn and then a name to that scrol out of the other Urn and the Lot fell upon MATTHIAS or MATTHIAS was taken wherupon MATTHIAS was number'd or rather decreed with the eleven Apostles For * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psephisma being a word which properly derives from such Stones or Pebbles as popular Assemblys of old were wont to ballot with or give suffrage by not only signifys a Decree but especially such a Decree as is made by a popular Assembly Now if this was Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church and of Apostolical Right exactly conformable to the Ballot or way us'd by MOSES in the institution of the seventy Elders or Sanhedrim of Israel Book II AFTER the conversion of som thousands more most if not all Sect. 3 of which were Jews a People tho converted yet so tenacious of their The second way of Ordination Acts 4. 4. Laws and Customs that even Circumcision hitherto not forbidden by the Apostles was continu'd among them the twelve Apostles call'd the multitude of Disciples to them So MOSES when he had any thing Acts 6. to propose assembl'd the People of Israel And when the twelve had thus call'd the Disciples they said Look ye out among you seven men of honest report full of the Holy Ghost and Wisdom whom we may appoint over this business So MOSES said to the Congregation of Israel Take ye wise men and understanding and known among your Tribes and I will make them Rulers over you And the saying of the Apostles pleas'd the whole multitude So the People of Israel were wont to answer to MOSES The thing which thou sayst is good for us to do This saying of the Apostles being thought good by the whole multitude the whole multitude elected seven men whom they set before the Apostles and when they had pray'd they laid their hands on them To say in this place as they do that the Act of the People was but a Presentation and that the Apostles had power to admit or refuse the Persons so presented is as if one should say That the act of electing Parlament men by the People of England was but a Presentation and that the King had power to admit or refuse the Persons so presented And seeing the Deacons henceforth had charge of the Word to say that by this choice the Deacons receiv'd not the charge of the Word but the care to serve Tables is as if one should say That Parlament men by their Election receiv'd only the care to levy Mony or Provision for the King's Table but if upon such Election they debated also concerning Laws that Power they receiv'd from the King only BUT if this was a way of Ordination in the Christian Church and of Apostolical Right then there may be a way of Ordination in the Christian Church and of Apostolical Right consisting in part of the Orders of the Israelitish Commonwealth and in part of the Orders of the Jewish Commonwealth Sect. 4 The third way of Ordination 1 Tim. 4. 14. LASTLY PAUL writing to TIMOTHY concerning his Ordination has in one place this expression Neglect not the Gift that is in thee which was given thee by prophesy with the laying on of the hands of the Presbytery So the Presbytery of a Jewish Synagog laid their hands on 2 Tim. 1. 6. the Party ordain'd And in another place he has this expression Stir up the Gift of God which is in thee by the laying on of my hands So the Ruler of a Jewish Synagog did lay his hands also on the Party ordain'd Moreover the Apostle in these words The Gift that is in thee by laying on of hands tho in relation to Gifts beyond comparison more excellent uses the Phrase known upon the like occasion to have bin common with the Jews Wherfore if this were a way of Ordination in the Christian Church and of Apostolical Right then may there be a way of Ordination in the Christian Church exactly conformable to the Jewish Commonwealth and yet be of Apostolical Right Nor is it so strange that the Apostles in matters of this nature should comply with the Jews of which so many were converted seeing it is certain that not only the Apostles but all such as in these times were converted did observe the Jewish Sabbath nay and that PAUL himself took TIMOTHY and circumcis'd him because of the Jews that is to comply with them or to give them no offence Nor do our Divines any where pretend imposition of hands to be deriv'd from CHRIST but unanimously confess that it was taken up by the Apostles from the
in three Books The first which treats of the Foundations and Superstructures of all kinds of Government is an abstract of his Preliminarys to the Oceana and the third Book shewing a Model of Popular Government fitted to the present State or Balance of this Nation is an exact Epitome of his Oceana with short Discourses explaining the Propositions By the way the Pamphlet called the Rota is nothing else but these Propositions without the Discourses and therfore to avoid a needless repetition not printed among his Works The second Book between these two is a full Account of the Commonwealth of Israel with all the variations it underwent Without this Book it is plainly impossible to understand that admirable Government concerning which no Author wrote common sense before HARRINGTON who was persuaded to complete this Treatise by such as observ'd his judicious Remarks on the same Subject in his other Writings To the Art of Lawgiving is annex'd a small Dissertation or a Word concerning a House of Peers which to abridg were to transcribe 26. IN the same year 1659 WREN coms out with another Book call'd Monarchy asserted in vindication of his Considerations If he could not press hard on our Author's Reasonings he was resolv'd to overbear him with impertinence and calumny treating him neither with the respect due to a Gentleman nor the fair dealing becoming an ingenuous Adversary but on the contrary with the utmost Chicanery and Insolence The least thing to be admir'd is that he would needs make the University a Party against him and bring the heavy weight of the Church's displeasure on his sholders for as corrupt Ministers stile themselves the Government by which Artifice they oblige better men to suppress their Complaints for fear of having their Loyalty suspected so every ignorant Pedant that affronts a Gentleman is presently a Learned University or if he is but in Deacons Orders he 's forthwith transform'd into the Catholic Church and it becoms Sacrilege to touch him But as great Bodys no less than privat Persons grow wiser by Experience and com to a clearer discernment of their true Interest so I believe that neither the Church nor Universitys will be now so ready to espouse the Quarrels of those who under pretence of serving them ingage in Disputes they no ways understand wherby all the discredit redounds to their Patrons themselves being too mean to suffer any diminution of Honor. HARRINGTON was not likewise less blamable in being provok'd to such a degree by this pitiful Libel as made him forget his natural character of gravity and greatness of mind Were not the best of men subject to their peculiar weaknesses he had never written such a Farce as his Politicas●er or Comical Discourse in answer to Mr. WREN It relates little or nothing to the Argument which was not so much amiss considering the ignorance of his Antagonist but it is of so very small merit that I would not insert it among his other Works as a piece not capable to instruct or please any man now alive I have not omitted his Answer to Dr. STUBBE concerning a select Senat as being so little worth but as being only a repetition of what he has much better and more amply treated in som of his other pieces Now we must note that upon the first appearance of his Oceana this STUBBE was so great an admirer of him that in his Preface to the Good Old Cause he says he would inlarge in his praise did he not think himself too inconsiderable to add any thing to those Applauses which the understanding part of the World must bestow upon him and which tho Eloquence should turn Panegyrist he not only merits but transcends 27. OTHER Treatises of his which are omitted for the same reason are 1. A Discourse upon this Saying The Spirit of the Nation is not yet to be trusted with Liberty lest it introduce Monarchy or invade the Liberty of Conscience which Proposition he disapprov'd 2. A Discourse shewing that the Spirit of Parlaments with a Council in the intervals is not to be trusted for a Settlement lest it introduce Monarchy and Persecution for Conscience 3. A Parallel of the spirit of the People with the spirit of Mr. ROGERS with an Appeal to the Reader whether the spirit of the People or the spirit of men like Mr. ROGERS be the fitter to be trusted with the Government This ROGERS was an Anabaptist a seditious Enthusiast or fifthmonarchy man 4. Pour enclouer le canon or the nailing of the Enemys Artillery 5. The stumbling block of Disobedience and Rebellion cunningly imputed by PETER HEYLIN to CALVIN remov'd in a Letter to the said P. H. who wrote a long Answer to it in the third part of his Letter combat 'T is obvious by the bare perusal of the Titles that these are but Pamphlets solely calculated for that time and it certainly argues a mighty want of Judgment in those Editors who make no distinction between the elaborat Works which an Author intended for universal benefit and his more slight or temporary Compositions which were written to serve a present turn and becom afterwards not only useless but many times not intelligible Of this nature are the Pieces I now mention'd all their good things are much better treated in his other Books and the personal Reflections are as I said before neither instructive nor diverting On this occasion I must signify that tho the History I wrote of MILTON'S Life be prefix'd to his Works yet I had no hand in the Edition of those Volumes or otherwise his Logic his Grammar and the like had not increas'd the bulk or price of his other useful Pieces Our Author translated into English Verse som of Virgil's Eclogs and about six Books of his Aeneids which with his Epigrams and other Poetical Conceits are neither worthy of him nor the light 28. SOM other small Books he wrote which are more deserving and therfore transmitted to Posterity with his greater Works namely 1. Valerius and Publicola or the true form of a Popular Commonwealth a Dialog 2. Political Aphorisms in number 120. 3. Seven Models of a Commonwealth Antient and Modern or brief Directions shewing how a fit and perfect Model of Popular Government may be made found or understood These are all the Commonwealths in the World for their kinds tho not for their number 4. The Ways and means wherby an equal and lasting Commonwealth may be suddenly introduc'd and perfectly founded with the free consent and actual confirmation of the whole People of England 5. There is added The Petition of divers well affected Persons drawn up by HARRINGTON and containing the Abstract of his Oceana but presented to the House of Commons by HENRY NEVIL the 6 th of July 1659 to which a satisfactory answer was return'd but nothing don 6. Besides all these finding his Doctrin of Elections by Balloting not so well understood as could he desir'd he publish'd on one side of a large sheet of
against the Act perswaded most of the Nobility to make him King so that MILCOLM the Son of KENNETH and he made up two Factions which tore the Kingdom till at length MILCOLMS Bastard Brother himself being in England assisting the Danes fought him routed his Army and with the loss of his own Life took away his they dying of mutual Wounds GRIME of whose Birth they do not certainly agree was chosen by the Constantinians who made a good Party but at the Intercession of FORARD an accounted Rabbi of the times they at last agreed GRIME being to enjoy the Kingdom for his Life after which MILCOLUMB should succede his Father's Law standing in force But he after declining into Leudness Cruelty and Spoil as Princes drunk with Greatness and Prosperity use to do the People call'd back MILCOLUMB who rather receiving Battle than giving it for it was upon Ascension-day his principal Holy-day routed his Forces wounded himself took him pull'd out his Eyes which altogether made an end of his Life all Factions and Humors being reconcil'd MILCOLUMB who with various Fortune fought many signal Battles with the Danes that under their King SUENO had invaded Scotland in his latter time grew to such Covetousness and Oppression that all Authors agree he was murder'd tho they disagree about the manner som say by Con●ederacy with his Servants som by his Kinsmen and Competitors som by the Friends of a Maid whom he had ravish'd DONALD his Grandchild succeded a good-natur'd and inactive Prince who with a Stratagem of sleepy Drink destroy'd a Danish Army that had invaded and distrest him but at last being insnar'd by his Kinsman MACKBETH who was prick'd forward by Ambition and a former Vision of three Women of a sour human shape whereof one saluted him Thane of Angus another Earl of Murray the third King he was beheaded THE Severity and Cruelty of MACKBETH was so known that both the Sons of the murder'd King were forc'd to retire and yeild to the times while he courted the Nobility with Largesses The first ten years he spent virtuously but the remainder was so savage and tyrannical that MACDUF Thane of Fife fled into England to MILCOLM Son of DONALD who by his persuasions and the assistance of the King of England enter'd Scotland where he found such great accessions to his Party that MACKBETH was forc'd to fly his Death is hid in such a mist of Fables that it is not certainly known MILCOLUMB the third of that name now being quietly seated was the first that brought in those gay inventions and distinctions of Honors as Dukes Marquesses that now are become so airy that som carry them from places to which they have as little relation as to any Iland in America and others from Cottages and Dovecotes His first trouble was FORFAR MACKBETH'S Son who claim'd the Crown but was soon after cut of Som War he had with that WILLIAM whom we call falsly the Conqueror som with his own People which by the intercession of the Bishops were ended At length quarrelling with our WILLIAM the Second he laid siege to Alnwick Castle which being forc'd to extremity a Knight came out with the Keys on a Spear as if it were to present them to him and and to yield the Castle but he not with due heed receiving them was run through the Ey and slain Som from hence derive the name of PIERCY how truly I know not His Son and Successor EDWARD following his Revenge too hotly receiv'd som Wounds of which within a few days he dy'd DONALD BANE that is in Irish White who had fled into the Iles for fear of MACKBETH promis'd them to the King of Norway if he would procure him to be King which was don with ease as the times then stood but this Usurper being hated by the People who generally lov'd the memory of MILCOLM they se● DUNCAN MILCOLM'S Bastard against him who forc'd him to retire to his Iles. DUNCAN a military Man shew'd himself unfit for Civil Government so that DONALD waiting all advantages caus'd him to be beheaded and restor'd himself But his Reign was so turbulent the Ilanders and English invading on both sides that they call'd in EDGAR Son of MILCOLM then in England who with small Assistances possest himself all Men deserting DONALD who being taken and brought to the King dy'd in Prison EDGAR secure by his good Qualitys and strengthen'd by the English Alliance spent nine years virtuously and peaceably and gave the People leave to breathe and rest after so much trouble and bloodshed His Brother ALEXANDER sirnam'd ACER or the Fierce succeded the beginning of whose Reign being disturb'd by a Rebellion he speedily met them at the Spey which being a swift River and the Enemy on the other side he offer'd himself to ford it on Horseback but ALEXANDER CAR taking the Imployment from him forded the River with such Courage that the Enemy fled and were quiet the rest of his Reign Som say he had the name of ACER because som Conspirators being by the fraud of the Chamberlain admitted into his Chamber he casually waking first slew the Chamberlain and after him six of the Conspirators not ceasing to pursue the rest till he had slain most of them with his own hands this with the building of som Abbys and seventeen years Reign is all we know of him HIS Brother DAVID succeded one whose profuse Prodigality upon the Abbys brought the Revenue of the Crown so prevalent was the Superstition of those days almost to nothing He had many Battels with our STEPHEN about the Title of MAUD the Empress and having lost his excellent Wife and hopeful Son in the flower of their days he left the Kingdom to his Grandchildren the eldest wherof was MILCOLUMB a simple King baffl'd and led up and down into France by our HENRY the Second which brought him to such contemt that he was vex'd by frequent Insurrections especially them of Murray whom he almost extirpated The latter part of his Reign was spent in building Monasterys he himself ty'd by a Vow of Chastity would never marry but left for his Successor his Brother WILLIAM who expostulating for the Earldom of Northumberland gave occasion for a War in which he was surpriz'd and taken but afterwards releas'd upon his doing Homage for the Kingdom of Scotland to King HENRY of whom he acknowledg'd to hold it and putting in caution the Castles of Roxboro once strong now nothing but Ruins Barwic Edinburg Sterling all which notwithstanding was after releas'd by RICHARD Coeur de Lyon who was then upon an Expedition to the Holy War from whence returning both he and DAVID Earl of Huntingdon Brother to the King of Scots were taken Prisoners The rest of his Reign except the rebuilding of St. Johnston which had bin destroy'd by Waters wherby he lost his eldest Son and som Treatys with our King JOHN was little worth memory only you will wonder that a Scotish King could reign forty nine
such an Example are posted As if for a Christian Commonwealth to make so much use of Israel as the Roman did of Athens whose Laws she transcrib'd were against the Interest of the Clergy which it seems is so hostil to popular Power that to say the Laws of Nature tho they be the Fountains of all Civil Law are not the Civil Law till they be the Civil Law or thus that thou shalt not kill thou shalt not steal tho they be in natural Equity yet were not the Laws of Israel or of England till voted by the People of Israel or the Parlament of England is to assert Consid p. 35 40. the People into the mighty Liberty of being free from the whole moral Law and inasmuch as to be the Adviser or Persuader of a thing is less than to be the Author or Commander of it to put an Indignity upon God himself In which Fopperys the Prevaricator boasting of Principles but minding none first confounds Authority and Command or Power and next forgets that the dignity of the Legislator or which is all one of the Senat succeding to his Office as the Sanhedrim to MOSES is the greatest dignity in a Commonwealth and yet that the Laws or Orders of a Commonwealth derive no otherwise whether from the Legislator as MOSES LYCURGUS SOLON c. or the Senat as those of Israel Lacedemon or Athens than from their Authority receiv'd and confirm'd by the Vote or Command of the People It is true that with Almighty God it is otherwise than with a mortal Legislator but thro another Nature which to him is peculiar from whom as he is the cause of being or the Creator of Mankind Omnipotent Power is inseparable yet so equal is the goodness of this Nature to the greatness therof that as he is the cause of welbeing by way of Election for example in his chosen People Israel or of Redemption as in the Christian Church himself has prefer'd his Authority or Proposition before his Empire What else is the Book I meaning of these words or of this proceding of his Now therfore if ye will obey my Voice indeed and keep my Covenant ye shall be to me a Exod. 19. 5. Kingdom or I will be your King which Proposition being voted by the People in the Affirmative God procedes to propose to them the ten Commandments in so dreadful a manner that the People being excedingly Exod. 20. 19. afrighted say to MOSES Speak thou with us and we will hear thee that is be thou henceforth our Legislator or Proposer and we will resolve accordingly but let not God speak with us lest we dy From whenceforth God proposes to the People no otherwise than by MOSES whom he instructs in this manner These are the Judgments which thou shalt propose or set before them Wherfore it is said of the Deut. 29. 1. Book of Deuteronomy containing the Covenant which the Lord commanded MOSES to make with the Children of Israel in the Land of Moab besides the Covenant which he made with them in Horeb This is Deut. 4. 44. the Law which MOSES set before the Children of Israel Neither did GOD in this case make use of his Omnipotent Power nor CHRIST in the like who also is King after the fame manner in his Church and would have bin in Israel where when to this end he might have muster'd up Legions of Angels and bin victorious with such Armys or Argyraspides as never Prince could shew the like he says no more Matth. 23. 37. than O Jerusalem Jerusalem how often would I have gather'd thee and thy Children as a Hen gathers her Chickens under her wings and ye would not where it is plain that the Jews rejecting CHRIST that he should not reign over them the Law of the Gospel came not to be the Law of the Jews and so if the ten Commandments came to be the Law of Israel it was not only because God propos'd them seeing Christ also propos'd his Law which nevertheless came not to be the Law of the Jews but because the People receiv'd the one and rejected the other It is not in the nature of Religion that it should be thought a profane saying that if the Bible be in England or in any other Government the Law or Religion of the Land it is not only because God has propos'd it but also because the People or Magistrat has receiv'd it or resolv'd upon it otherwise we must set lighter by a Nation or Government than by a privat Person who can have no part nor portion in this Law unless he vote it to himself in his own Conscience without which he remains in the condition he was before and as the Heathen who are a Law to themselves Thus wheras in a Covenant there must be two Partys the Old and New Testament being in sum the Old and New Covenant these are that Authority and Proposition of GOD and CHRIST to which they that refuse their Vote or Result may be under the Empire of a Clergy but are none of his Commonwealth Nor seeing I am gon so far dos this at all imply Freewil but as is admirably observ'd by Mr. HOBBS the freedom of that which naturally precedes Will namely Deliberation or Debate in which as the Scale by the weight of Reason or Passion coms to be turn'd one way or other the Will is caus'd and being caus'd is necessitated When God coms in thus upon the Soul of Man he gives both the Will and the Deed from which like Ossice of the Senat in a Commonwealth that is from the excellency of their Deliberation and Debate which prudently and faithfully unsolded to the People dos also frequently cause and necessitat both the Will and the Deed. GOD himself has said of the Senat that they are Gods an expression tho divine yet not unknown to the Heathens Homo homini Deus one man for the excellency of his Aid may be a God to Chap. 8 another But let the Prevaricator look to it for he that leads the blind out of his way is his Devil FOR the things I have of this kind as also for what I have said upon the words Chirotonia and Ecclesia the Prevaricator is delighted to make me beholden underhand to Mr. HOBBS notwithstanding the open enmity which he says I profess to his Politics As if JOSEPHUS upon that of SAMUEL They have not rejected thee but they have rejected me 1 Sam. 8. 7. that I should not reign over them had not said of the People 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that they unchirotoniz'd or unvoted God of the Kingdom Now if they unchirotoniz'd or unvoted God of the Kingdom then they had chirotoniz'd or voted him to the Kingdom and so not only the Doctrin that God was King in Israel by Compact or Covenant but the use of the word Chirotonia also in the sense I understand it is more antient than Mr. HOBBS I might add that of CAPELLUS
have their Liberty not in word but in deed but that is Heathenism that 's CICERO well this is Christian if there will b● no such saying I would there might be no swearing Feb. 6. 1659. THE HUMBLE PETITION OF DIVERS Well affected Persons Deliver'd the 6 th day of July 1659. With the PARLAMENT'S Answer therto TO THE SUPREME AUTHORITY THE Parlament of the Commonwealth of England The Humble Petition of divers well affected Persons SHEWS THAT your Petitioners have for many years observ'd the breathings and longings of this Nation after Rest and Settlement and that upon mistaken grounds they have bin 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 continu'd Distractions in the ruins and decays of Trade foren and domestic and in the advantages that are taken to make Confederacys to involve the Nation in Blood and Confusion under pretence of procuring a Settlement THAT it has bin the practice of all Nations on the subversion of any form of Government to provide immediatly a new Constitution sutable to their condition with certain Successions and Descents that so both their Lawgivers and Magistrats might use their several Trusts according to the establish'd Constitution and the Peoples minds be settl'd secure and free from attemts of introducing several forms of Government according to the variety of their Fancys or corrupt Interests THAT God has preserv'd this Nation wonderfully without example many years since the dissolution of the old form of Government by King Lords and Commons there having bin no fundamental Constitutions of any kind duly settl'd 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 render'd incapable of meeting in Parlament 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 inexpressible sufferings of this Nation in their Strength Wealth Honor Liberty and all things conducing to their welbeing and we have like reason now sadly to apprehend the impending ruin And we cannot discern a possibility of your Honors unanimous and expeditious procedings towards our Countrys preservation and relief from its heavy pressures while your minds are not settl'd in any known Constitution of Government or fundamental Orders according to which all Laws should be made but divers or contrary Interests may be prosecuted on different apprehensions of the Justice and Prudence of different forms of Government tho all with good intentions YOVR Petitioners therfore conceiving no remedy so effectual against the present Dangers as the settlement of the Peoples minds and putting them into actual security of their Propertys and Libertys by a due establishment of the Constitution under which they may evidently apprehend their certain injoyment of them and therupon a return of their Trade and free Commerce without those continual fears that make such frequent stops in Trade to the ruin of thousands AND your Petitioners also observing that the Interest of the late King's Son is cry'd up and promoted daily upon pretence that there will be nothing but Confusion and Tyranny till he com to govern and that such as declare for a Commonwealth are for Anarchy and Confusion and can never agree among themselves what they would have VPON serious thoughts of the Premises your Petitioners do presume with all humility and submission to your Wisdom to offer to your Honors their Principles and Proposals concerning the Government of this Nation Wherupon they humbly conceive a just and prudent Government ought to be establish'd viz. 1. THAT the Constitution of the Civil Government of England by King Lords and Commons being dissolv'd whatever new Constitution of Government can be made or settl'd according to any rule of Righteousness it can be no other than a wise Order or Method into which the free Peoples Deputys shall be form'd for the making of their Laws 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 2. THAT the Government of a free People ought to be so settl'd that the Governors and Govern'd may have the same Interest in preserv●ng the Government and each others Propertys and Libertys respectively that being the only sure foundation of a Commonwealth's Unity Peace Strength and Prosperity 3. THAT there cannot be a Union of the Interests of a whole Nation in the Government where those who shall somtimes govern be not also somtimes in the condition of the Govern'd otherwise the Governors will not be in a capacity to feel the weight of the Government nor the Govern'd to injoy 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 4. THAT there is no security that the Supreme Authority shall not fall into Factions and be led by their privat Interest to keep themselves always in power and direct the Government to their privat advantages if that Supreme Authority be settl'd in any single Assembly whasoever that shall have the intire power of propounding debating and resolving Laws 5. THAT the Soverain Authority in every Government of what kind soever ought to be certain in its perpetual Successions Revolutions or Descents and without possibility by the judgment of human Prudence of a death or failure of its being because the whole form of the Government is dissolv'd if that should happen and the People in the utmost imminent danger of an absolute Tyranny or a War among themselves or Rapin and Confusion And therfore where the Government is Popular the Assemblys in whom reside the Supreme Authority ought never to dy or dissolve tho the Persons be annually changing neither ought they to trust the Soverain care of the strength and safety of the People out 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 Commonwealth to avoid it 6. THAT it ought to be declar'd as a Fundamental Order in the Constitution of this Commonwealth that the Parlament being the Supreme Legislative Power is intended only for the exercise of all those Acts of Authority that are proper and peculiar to the Legislative Power and to provide for a Magistracy to whom should appertain the whole Executive Power of the Laws and no Case either Civil or Criminal to be judg'd in Parlament saving that the last Appeals in all Cases where Appeals shall be thought fit to be admitted be only to the Popular Assembly and also that to
them be refer'd the Judgment of all Magistrats in Cases of Maladministrations in their Offices AND in prosecution of these Principles YOVR Petitioners humbly propose for the settlement of this Commonwealth that it be ordain'd 1. THAT the Parlament 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 Parlament of England shall consist of two Assemblys the lesser of about three hundred in whom shall reside the intire power of consulting debating and propounding Laws the other to consist of a far greater number in whom shall rest the sole power of resolving all Laws so propounded 3. THAT the free People of England in their respective divisions at certain days and places appointed shall for ever annually chuse one third part to each Assembly to enter into their Authority at certain days appointed the same days the Authority of a third of each of the said Assemblys to cease only in the laying the first Foundation in this Commonwealth's Constitution the whole number of both the Assemblys 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 serv'd their appointed time in either of the said Assemblys of Parlament shall not be capable to serve in the same Assembly during som convenient interval or vacation 5. THAT the Legislative Power do wholly refer the execution of the Laws to the Magistracy according to the sixth Principle herein mention'd 6. THAT in respect to Religion and Christian Liberty it be ordain'd that the Christian Religion by the appointment of all succeding Parlaments be taught and promulgated to the Nation and public Preachers therof maintain'd and that all that shall profess the said Religion tho of different Persuasions in parts of the Doctrin or Disciplin therof be equally protected in the peaceable profession and public exercise of the same and be equally capable of all Elections Magistracys Preferments in the Commonwealth according to the order of the same Provided always that the public exercise of no Religion contrary to Christianity be tolerated nor the public exercise of any Religion tho professedly Christian grounded upon or incorporated into the Interest of any Foren 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 practice by your Honors appointing the numbers times places and all other necessary circumstances and settl'd as the fundamental Orders of the Commonwealth would naturally dispose those that should hereafter be chosen into the Parlaments from the love of their own interest to seek the common good being oblig'd by the Constitutions here humbly offer'd to partake with the whole body of the People of the good or evil that shall happen to the Commonwealth having no probable temtations or means left to compass any privat or factious ends in matters Religious or Civil And your Petitioners cannot imagin a greater security for the Cause and Interest contended for with such effusion of Blood than by disposing the free People into this kind of order wherby the same Cause would becom their common Interest Yet if your Honors should think it necessary or convenient for securing the minds of such as are doubtful and jealous that the People may betray their own Libertys there may be inserted into the fundamental Orders of the Commonwealth these following Expedients viz. 1. THAT for securing the Government of this Commonwealth and of the Religious and Civil freedom of the good People therof it may be for ever esteem'd and judg'd Treason against the Common-wealth for any Member of either Assembly of Parlament or any other person whatsoever to move or propose in either of the said Assemblys the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of England or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of Religious persons of different Persuasions 2. THAT about the number of twelve persons of the most undoubted Fidelity and Integrity may be authoriz'd and impower'd for som certain number of years next insuing to seize apprehend and in safe custody to detain any person or persons whatsoever till he or they be in due form of Law deliver'd as is hereafter specify'd that shall move or propose in either of the said Assemblys of Parlament the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of this Commonwealth or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of religious persons of different persuasions but for no other matter or cause whatsoever And when it shall happen that any person or persons shall be arrested or seiz'd for any of the causes aforesaid in manner aforesaid then a Commission of Oyer and Terminer may issue forth in due form of Law to the said twelve or any six of them to procede in due form of Law within one month after the apprehension of any such person or persons to the arrainment and public 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 declar'd 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 authoriz'd and requir'd from time to time during the term of years to issue out Commissions to the said twelve or any six of them authorizing them to procede as aforesaid AND if your Honors shall further judg it convenient the fundamental Orders of the Government may be consented to or subscrib'd by the People themselves if their express Pact shall be esteem'd any additional security other Nations upon the like occasions of expulsion of their Kings having taken the Peoples Oaths against their returning And the same may be proclaim'd as often as our Ancestors provided for the proclaiming of Magna Charta and any further security also added if any can be found among men that has a foundation in Justice NOW your Petitioners having with humble submission to your grave Wisdoms thus declar'd their apprehensions of the present condition of this distracted Nation and the only effectual means under God to prevent the impending Mischiefs They do must 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 settled 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 the sure foundations of Freedom Justice Peace and Unity And your Petitioners shall always pray c. Wednesday July the 6 th 1659. THE House being inform'd that divers Gentlemen were at the door with a Petition they were call'd in and one of the Petitioners in 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 than any public Attestation and therfore we do humbly present it to this Honorable House Which after the Petitioners were withdrawn was read and was intitl'd The humble Petition of divers wellaffected Persons Resolv'd THAT the Petitioners have the Thanks of the House THE Petitioners were again call'd in and Mr. Speaker gave them this Answer Gentlemen THE House has read over your Petition and find it without any privat end and only for the public Interest and I am commanded to let you know that it lys much upon them to make such a Settlement as may be most for the good of Posterity and they are about that work and intend to go forward with it with as much expedition as may be And for your parts they have commanded me to give you Thanks and in their names I do give you the Thanks of this House accordingly Tho. St. Nicholas Clerc of the Parlament FINIS Advertisement DIscourses concerning Government by ALGERNON SIDNEY Son to ROBERT Earl of Leicester and Ambassador from the Commonwealth of England to CHARLES GUSTAVUS King of Sweden Published from an Original Manuscript of the Author Price 15 s. A Complete Collection of the Historical Political and Miscellaneous Works of JOHN MILTON both English and Latin With som Papers never before publish'd In 3 Vol. To which is prefix'd The Life of the Author containing besides the History of his Works several extraordinary Characters of Men and Books Sects Partys and Opinions Price 35 s. Both printed by J. DARBY and sold by the Booksellers