Advice Before it be too Late, Warning
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; 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 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 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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End of the text · John Humfrey, Advice Before it be too Late (1688)