Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	authority_n	law_n	legislative_a	2,620	5	12.4064	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86768	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.	England and Wales. Parliament. House of Commons.	1659 (1659)	Wing H3463; Thomason E989_11; ESTC R202521	5,146	15

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 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 Common-wealth'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 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 Common-wealths 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 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 Common-wealth 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 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 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