THE HUMBLE PETITION OF DIVERS Well-affected Persons, DELIVERED The 6th day of July, 1659. TO THE SUPREME AUTHORITY, THE PARLIAMENT OF THE Commonwealth OF ENGLAND. With the Parliaments Answer thereunto, and Sense thereupon.  
LONDON, Printed for Thomas Brewcter, at the three Bibles in Paul's Churchyard, at the West end, 1659.   

To the Supreme Authority, THE Parliament of the Commonwealth of England. The Humble Petition of divers well-affected Persons.  
SHOWETHS,  
THat your Petitioners have for many years observed the breathe and long 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 ruins and decays of Trade Forraign and Domestic; 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 Lawgivers and Magistrates, might use their several Trusts, according to the established constitution; and the People's minds be settled 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 settled, 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 ruin; And we cannot discern a possibility of your Honours unanimous, and expeditious proceed towards our Country's preservation, and relief from its heavy pressures, whilst your minds are not settled 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 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 people's minds, 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 fears, that maketh 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 cried 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 Principals and Proposals 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 than a wise Order or Method, into which the free People's Deputies shall be form 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.  
II. That the Government of a free People ought to be so settled, that the Governors and Governed may have the same Interest in preserving the Government, and each others Proprieties and Liberties respectively; That being the only 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 Governors 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 Supreme Authority shall not fall into factions, and be led by their private Interest to keep themselves always in power, and direct the Government to their private advantages; If that Supreme Authority be settled in any Single Assembly whatsoever, That shall have the entire power of Propounding, Debating, and resolving Laws.  
V That the Sovereign Authority in every Government of what kind soever, aught 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 form 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 Supreme Authority, ought never to die or dissolve: though the persons be annually Changing: neither ought they to trust the Sovereign 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 Commonwealth to avoid it.  
VI That it ought to be declared as a Fundamental Order in the Constitution of this Commonwealth, that the Parliament being the Supreme 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 Laws: 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 Laws: the other, to consist of a fare 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 choose 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 Assemblies to cease, only in the laying the first Foundation in this Commonwealth's 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 capable to serve in the same assembly during some convenient interval or vacation.  
5. That the Legislative power do wholly 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 public Preachers thereof maintained; and that all that shall profess the said Religion, though of different persuasions in parts of the Doctrine, or Discipline thereof, be equally protected in the peaceable profession, & public exercise of the same; and be equally capable of all elections, Magistracies, preferments in the commonwealth, according to the order of the same. Provided always, that the public exercise of no Religion contrary to Christianity be tollorated: nor the public exercise of any Religion, though professedly Christian, grounded upon, or incorporated into the interest of any Foreign 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 settled 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 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 persuasions.  
TWO That about the number of twelve persons of the most undoubted fidelity and integrity, may be authorised and empowered for some certain number of years 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 persuasions. But for no other matter or cause whatsoever; And when it shall happen that any person or persons shall be arrested 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 month after the apprehension of any such person or persons: to the arraignment 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 declared, to condemn to the pains of death; and to cause the same Judgement 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 years to issue out Commissions unto the said twelve or any six of them authorising 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 people's oaths 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 wisdoms, 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 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 sure foundations of Freedom, Justice, Peace, and Unity.  
And your Petitioners shall always pray, etc.   

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 than any public attestation, and therefore we do humbly present it to this honourable House: which after the petitioners were withdrawn was read and was entitled, The humble Petition of divers well affected persons.  
Resolved.  
That the Petitioners have the thanks 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 public interest, And I am commanded to let you know that it lieth much upon them to make such a settlement, as may be most for the good of posterity. And they are about that work, and intent 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 Clerk of the Parliament.