Advice before it be too Late: OR, A BREVIATE for the CONVENTION, Humbly Represented to the LORDS and COMMONS of ENGLAND.
WHEREAS We cannot but be made very apprehensive by those several efficacious Papers, such as Dr. B.'s, Mr. F.'s, A Word to the Wise, and another as close, Four Questions Debated, and the like; which go about, lest the swaying Part of the Nation should be so much intent upon One Thing, as that Others be neglected; or lest they be so taken up with putting the Crown upon an Head most deserving it, as that they forget what is to be done first; which is, The Consideration of the Constitution of the Realm, and the declaring that Constitution, before any Person be Admitted into actual Regiment; it being common for Those that look but on One Thing, to be too sudden: We therefore judg it meet, That this ensuing Sheet, which was in a few Copies given to some Members of the Houses, for preventing that Evil, should also be made Publick, to go Abroad with such Papers as Those of the former Nature. For, as it is Wise in a People, when they make any Compact, whether with their Rulers, or Others, that though they believe the Party they deal with, to be the Best in the World, To treat with him for all that, and be as Punctual upon the Terms to make all secure, as if they were dealing with the Worst: So it is also Honest for Them, in seeking the Good of their Country, to deny Self-Interest, and to prefer the Benefiting a Nation, before the Magnifying any Single Person whatsoever.
The BREVIATE.
THE People of this Nation are by Birth a Free People, who are born to a Liberty of Person and Propriety in their Goods and Lands; and therefore England is rightly cal'd a Free State.
To understand the Government, we must know that these Two things are always to be distinguished, The Constitution, and The Administration.
The Constitution of a Government does lye in the Original Agreement of the People, which they make between Themselves, or with their intended Governour, or Governours, before the Government be set up, whether there be None before, or the Former at an end.
When the People are in such a State, while there is no Order of Superiority, or Inferiority introduced, it is called a Community: When a Ruler is chose, so that there is a Ruling and Ruled Part, it is a Society, or called a Common-Wealth.
Let us suppose a Company of Families, that having no dependance on one another, nor any one having Power over the other, yet living near each other, do find it convenient to join together into a Society, for mutual Defence against some Foreign Enemy, or for the reaping several Advantages, which they shall receive by it. The Heads or Representatives of these Families assemble, to consider what is to be done in order to these Ends. Three things more especially they must consult upon: What Government (as t [...] the Sort or Kind) is best for them? Who shall be Governour or Governours? And by what Laws or Rules they shall Govern, who are entrusted with the Supreme Power? And more particularly, in relation to what measure of it they will allow them to have over their Persons and Estates, to use them as they have Occasion, for the Publick Good. For when they are yet Free in Both, the Governour can have power so far, but no farther than they at first Consent. Whatsoever Reservations of Liberty the People make in their Agreement, these are to be look'd upon as their Rights by the Laws of the Constitution, and Essential there unto, and consequently inviolable by any of these Governours whom they set up for the Administration; the very Laws of the Administration being void, so far as they interfere with any of those of the Constitution.
The Constitution and Laws there of being agreed upon, and it being impossible for humane Prudence to fore-see all Accidents, which must be provided for, therefore as they arise, the Administration necessarily must lye in these two things: The making farther Laws (subordinate still to those fore-priz'd) as occasion requires, and seeing them Executed; that is, in Legislation and Judgement. The One is the Business of the Supreme Authority; [Page]the Other of the Inferior Magistrates or Officers, and Executioners of the same, according to that Fundamental Agreement made by the People.
Our Government now as Constituted in order to this Administration, is, we know, a mixt Government. A Government is known to be pure or mixt, by the placing the Supreme Authority. If the People place it singly in the King, or singly in the Nobles, or singly in the People, then it is a pure Monarchy, Aristocracy, or Democracy: But when it is placed in all Three, it is a Mixt Government, as Ours is, where there are no laws in the Administration made but by King, Lords & Commons.
These things I pursue only so far as is necessary, to the reaching my main purpose; and the leading me to a right Discernment of the present Condition into which we are now brought, in regard to this said Government.
The Supreme Power of the Nation being placed in a Parliament, which is a Corporation of King, Lords, and Commons, that is, The Supreme Authority residing in King, Lords and Commons, as One Corporation, there does appear, at this Conjuncture, a Dissolution of the Government; A Dissolution manifestly, as to the Exercise of it. This Appearance does [...]rise from the opening of the last Scene. For the King being now gone, gone from his People, and departing from his Government, that One Corporation (we speak of) is broke; so that there remains now no subject for that supreme Authority; It being evident, that a Parliament, wherein an Essential point of our Constitution does consist, cannot now be Assembled: And the Providence of GOD it self hath extraordinarily determin'd our Case. If a King dies, he hath a Successor, and the Right devolves upon Him; but whilst the King lives, he hath no Successor, and the Right remaining in Him and no Other; and he being divided from his Lords and Commons, the Subject of the Supreme Power, or this One Corporation, (whereof the King is a Chief, Essential, and Constituent Part) does perfectly cease, and must necessarily Cause a Dissolution.
I choose not to found this upon what does more convince Others, which comes to this Account: The King, by his frequent Malversation in the Government, and rooted Design of subverting our Religions and Civil Rights, for the Introduction of Arbitrary Power and Popery, which being aggravated by such an Endeavour, as the destroying that Share in the Government, which every Commoner hath, that hath Right to choose his Representative, in Parliament, by his Garbling Corporations, and so evacuating this Liberty in effect; and by such an Endeavour also, as the exterminating his Protestant Subjects; seeing that Religion which he would have introduced, is such, as by the Principles of it, if it comes into Domination, must do so to all Hereticks; and thereupon may He be look'd on no longer as Rex, but Hostis, and Hostis Publicus: Besides, the subjecting us to a Foreign Jurisdiction, and the very Changing the Government, by that indefinite Dispensing Power over the Laws, as was carved to him by his Judges, from Regal to Despotical: It is Judged by them, that he is fallen thereupon from his Royal Dignity; and that the Ʋniversality thereby have Warrant, not only to defend themselves against Him, but by Vertue of that Sanction, which is tacitly implyed in the Laws of the Constitution, to proceed on to take the Forfeiture He hath made of his Government, and Depose Him; For it is a fond thing, (think they) to imagine any Laws without a Sanction; and impossible there should be any other Sanction in Treaties between Free Nations, or between a Free People, and the Governor they set over Themselves, than Force to be used by the Parties concern'd; there being no Third Party on Earth to appeal to, in such Cases.
However this be, it being taken for granted, That the Government is dissolved, and I suppose upon that preceding Account, of the One Corporation (I say) being broke, the Supreme Authority that lay before in the Three as united in One, does escheat, or fall to the Community; who must therefore choose a new Subject for that Power; and it lies at their Discretion to place it in what Subject they please: They may lodge it in the Lords and Commons alone, without a King, if they think that Government best; the matter lies altogether upon their Agreement, and Consent. I suppose it most likely, that they will agree to place it again in a Monarch, Lords and Commons (the Person only left at Choice, and Care had to prevent all Danger of Law in the Case) according to the Ancient Constitution, Though who can know the Mind of a Nation, when once come [Page]together, if he knows his own Mind?
There is one thing we have now Opportunity to obtain, which we can never recover again, if it be [...] and that is, what His Highness the Prince of [...]an [...] hath made One of his Two Designs, The Delivery of the People from Slavery; which can never be done effectually, and radically, but upon this Advantage. The Delivering us from Popery, is contained in the Setling our Religion; and That being a Work of great length, is the business more properly of a Parliament; but This is a thing must be done by the Community, and consequently by those that are the Representatives of it, a Convention, so Called, (in regard to a Higher Capacity hereunto) and not a Parliament; for that represents the People, not as in a Community, but as in a Common-wealth, where there is pars imperans, as well as subdita, which now is not. A Parliament makes Laws for the Administration, but the People as in a Community, makes Laws for the Constitution.
I would therefore humbly offer it to the Consideration of Those, who shall meet as Members of this Convention, That, in order to the Effect premised, they do but agree and pitch upon this One certain Point of good Polity, That where they place the Supreme Authority, they lay also the Rights or Properties of it; that is, the Jura Majestatis (Majestas being Maxima Potestas) all together.
The Rights of Majesty, or the Supreme Power, are mainly these: The First is Legislation, or making Laws; and this undoubtedly lies in a Parliament. The next, is the Power of raising Arms, or Armies, or the Militia, the Power of making Peace and War, or the Power of the Sword, which is necessary to maintain those Laws. The Third, is a Power over our Estates, or the Purse, or raising Money, which must maintain the Sword. A Fourth, is the Power of choosing Magistrates, to rule Us according to these Laws; such as Judges and Sheriffs, to name no other. A Fifth, is the last Appeal. Now, let but the Power of the Militia, and choosing Magistrates, be laid where Legislation is, and we shall be fundamentally delivered from all Slavery for ever in the Nation.
If we be Enslaved or oppressed by any Prince for the Time to come, it must be either by Force, or by Injustice. We cannot be oppressed by Force, because no Forces then can be raised by him, but by a Parliament. He cannot rule by an Army, or by Violence; for the Militia is in the Lords and Commons, as well as in Him, and They will not let him do so: We cannot be oppressed with Injustice; for the Judges and Officers entrust [...]d with the Execution of Justice, shall be [...]be [...]o [...] also by them, and they will look [...]
It is true, while no Parliame [...] [...] by Vertue of the Executive [...] [...]ay raise Arms, and put in O [...] [...] there is ne [...]d; but Both these are [...] the Controul of the next Parliamen [...] [...] therefore to sit often by ancient Stat [...] [...] being no War to be levied, nor Magistrates Confirmed, without their Approbation.
Let us remember the State we are in, a State that puts the Supreme Power in the hands of the People, to place it as they will: and therefore to bound and limit it as they see fit, for the publick Utility; and if they do it not Now, the Ages to come will have occasion to blame them for ever. When the supreme Power is upon the disposing, if they do not take this Item, as part of their proper Work, To bind the Descent of it to a Protestant, I shall blame them: But I shall do so much more, if after the danger we have been in, of Arbitrary Domination and Popery, by the King's raising Arms, and putting Judges in and out at his Pleasure, they do not take more care of the Supreme Power, to lay it and its Rights better together: Especially, seeing nothing can indeed be That in Nature, which it is, without its Properties. This is uniform (I must persist) to the Nature of Government; That where the Supreme Authority is, there must be its Prerogatives; and where the chief or principal Rights of it is, there should all the rest which depend upon, and belong to it, be placed also: Where Legislation is lodged, there should the Militia, there should the Power of making Judges, to name nothing more than serves my turn, be lodged also. It is this hath been the great Declension, Fault, or Defect of our English Common-wealth, That the People have suffered these Rights of Soveraignty, to come to be divided, arising (we must conceive) from the Administration, that is, Mal Administration; as appears, for Example, in the Militia, which upon the fresh coming in of the Late King, was in two or three hot Acts, declared to Be, and [Page] ever to have Been in the King; when both the Assertion was gross Flattery, and such Acts void, as fundamentally repugnant with the constitution.
There is one Difficulty to be thought on, and that is, the Negative Voice of the Prince in his Parliament. The Lords and Commons may agree upon some Law for the Publick Benefit, and the King alone may refuse to pass it. If he be obstinate, this is a great Evil, and might really make one think, it would be better therefore (for the preventing this inconvenience) to place the Supreme Power in Lords and Commons only, without a Controuler, unto which may be added, the Power of Calling and Dissolving Parliaments at Pleasure; by Vertue whereof, our Kings hitherto have pretended a Power predominant over them. But forasmuch these Prerogatives may be disputed, & the Negative Voice hath been deny'd by many Judicious Men, who have pleaded the Obligation of former Princes to confirm those Laws, quas vulgus elegerit; it is to be hoped, That the Wisdom of the Nation will be able to find out some Expedient or Salve for this Difficulty, and for more than That also; So long as they have the Golden Opportunity, to bring a Crown in One hand, with their Terms or Conditions in the Other.
As for the several Grievances that need Redress and many Good Things that are wanting to compleat the Happiness of our Kingdom; there may be some Foundation laid happily, or Preparations made in order thereunto, by this Convention [...], but as belonging to the Administration, and being Matters of long Debate, they are the Work more properly of an Ensuing Parliament. Only let not the Members of this present Great Assembly forget, that they having so unlimited a Power, and the Nation such an Opportunity, which, as the Secular Games, they are never like to see, but once, they are more strictly therefore bound in Conscience, and in Duty to their Country, to neglect no kind of thing, which they Judge absolutely necessary to the publick Good. I care not if I commend Three or Four such particulars against▪ the Time to Consultation, which shall be these. A Regulation of Westminster-Hall: A Provision against Buying or Selling of Offices: A Register of Estates: A Freedom from Persecution, (by a Bill for Comprehension and Indulgence) in the Business of Religion: A Redemption of the Chimny Mony; which bringing in the King to be Lord of every Man's House, is against Property; & an Over balance in the Revenue, is against the Intrest of the Nation.
AND here the Sheet being at an End, and Room left, We cannot but reflect upon the King; there being so much Concern in the Minds of Many, [...]h [...]t th [...]ir Allegiance to Him, though He be gone: But such Persons as these should think a little more to the Bottom, That a People is not made for the King, but the King for the People: And though He be Greater than Them in some Respects; yet, Quoad sinem. the People are always Greater than Him: That is, If the Good of the One, and the Other, stand in Competition, there is no Comparison, but a Nation is to be presri'd, before One Man. If the Being of them be inconsistent one with another, there is no doubt, but it is better that a King Cease, than that a Whole Nation should Perish. And upon such a Supposition as this, all Obligation as to Duty, must cease likewise. There are some a [...]it Conditions in all Oathes, as the Lest [...]asiusts tell us (such as Rebus sic stantibus, for One) that we must steere our Consciences by, in these Cases: He is the Minister of God, for our good, says the Scripture: And it any Prince therefore be under those Circumstances; as that it cannot be for the Peoples Good, that he should Rule o [...]er them. We do look upon such a Ruler to be bound in Conscience to give up his Government, as being no Minister of God upon that Account: And so, having no Authority from God for that Office, the Peoples Obligation to be Subject to Him, is at an end with it. If they obey him longer, it is for VVrath, not for Conscience Sake. If his Majesty, now of Great Britain, out of some deep sence, that he being a Roman Catholick cannot Rule, and be true to his Religion, (which he may suppose does oblige him to an Establishment thereof, by all the ways, and means of his Church, though never so destructive to Ours) but it will be to the Hurt, not Good, of us who are Protestants, hath been pleased to withdraw himself from his Government, to make us more quiet and happy; we are in all Gratitude, to acknowledg his Puty, Goodness, and Condescention, to be so much, as very few of his Subjects could ever haye suspected: But if it be out of another Mind, he hath done it; we have still more Reason to bless Almighty God, who does often serve his Providence by mens Improvidence; and cutting off mens Ends from their Means, he uses their Means to his own Ends, when he is pleased to work Deliverance for a People; as he hath, at this Season so graciously and wonderfully done for Ʋs; that there is nothing more needful, even to the most scrupulous Conscience, than an humble and awful Acquiescence in the Divine Counsel, to give Satisfaction in this Matter.
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