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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75326 A meanes to reconcile the present distempers of these times, as things now are. Set out by a member of the present Parliament. Anderson, Henry, b. 1581 or 2. 1648 (1648) Wing A3094; Thomason E458_18; ESTC R205069 6,295 14

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Capacity to grant or confirme any thing which cannot possibly be whilst there is any restraint upon his person or Armes afoot to enforce a non-performance That no Treaty or Capitulation can be had betweene a King and his people but the people must have their desires from the King by way of Entreatie and request Which in all just things the King ought to deny And this appeares and is manifest by the preambles of the Acts of Parliament of this Kingdome Which for the most part are declared to be granted at the humble Desire and request of the People 2. That the King before His comming to Hampton doe Publish His Proclamation of free pardon to all His Subjects of what quality or condition soever and for all faults whatsoever against Himself His Crown and Dignity That the publishing of his Proclamation of free Pardon shews his Mercy to all his People which is a particular which the Kings have as Incident to the regall Authority and ought by them to be afforded in Iustice to the people but onlie where Necessitie or needfull Severitie inforces the contrary for the Example of others in the future This will take away from the People all their just feare of being prosecuted according to the strictnes of the Law for their Crimes which they have committed against the King his Crowne and Dignity It is in his own free power to grant a pardon either generall or speciall for all things concerning himselfe Which pardon shall close the hands of all Iudges and Sub-ministers in any Court of Iustice to proceed against any Delinquent so pardoned for any fore-past Crime The King can grant no more then what concernes himself the people must necessarily concurre in the granting of any thing that may concerne themselves And this can no way be done but by an Act of Parliament in a free and legall Parliament by consent of the three Estates of the Kingdome lawfully Assembled King Lords and Commons wherein the King doth consent for himself the Lords for themselves the Commons by their Representative body by them Authorized by a free and unawed or constrained Election of their Deputies which they shall appoint to consent for them And such Act shall conclude all men because all men do consent therein by themselves or their lawful Deputies 3. That the King be forthwith restored to all His just Revenues and Regall Power which by Law is due to Him Without His revenue be restored unto Him He cannot subsist much lesse maintain the Royall Dignity which His Ancestors hath flourished in to the great dishonour of the Nation to have a King not able to maintaine His State and Dignity without the oppression of His People and without which he cannot manage the affaires of the Kingdome incident to his Office For it is an old Adage Indigentem operare bonaest Impossibile And for a King to live by perpetuall begging is to make Him and His Government hatefull to His People If the King be abridg'd of the Power of the Sword he shal have no meanes to compell or force Obedience to His just Commands nor maintain His People from the oppression of greater men But every man will do what seems good to Himself against His Inferiour for onely fear of punishment makes bad men fear to offend And take away the Power of the Militia from the King which is inseparable from the Crown and neither ever hath nor can be taken away from the Crown then you take away the Kings Coercive Power to inforce Obedience to the due execution of His Lawes or the meanes to suppresse any Rebellion Riots Routs or other misdemeanours whatsoever 4. That His Majesty take a Corporall Oath not to Governe any way but according to the known Lawes of the Kingdome And whatsoever Sub-minister of His shall do otherwise to the prejudice of the Subject either in point of liberty of their persons or propriety of their goods He will grant them no pardon but leave them to the justice of the Law And likewise to give His Royall Assent to an Act of Parliament for His Successours to take the like Oath the beginning of every Parliament before both Houses for the same That this Oath is no more but the same that Kings do take at their Coronation and therefore no prejudice can insue to the King by the often taking thereof That it is a securing of the people for the true performance thereof by often taking of it and by so doing it shall the better be kept in memory both by the King and the States of the Kingdome It will keep in awe all Judges and other officers of the Kingdome when they shall find themselves incapable of having any pardon for such offences and the King made incapable from granting any such Pardon as a person who by the Law can do no wrong to his people but it must be His Ministers who by this shall be in perpetuall fear of doing injustice to the Subject It shal take from the King and His Successours all causes of discontent or grievance which may justly grow between the King and His People in the point of extending the Prerogative beyond its due bound It will be a meanes to procure a hearty and willing Obedience from the people to the Kings their desires when they govern no way but according to the Law This manner of way is presidented in the Iteration of the Oath by Magna Charta which was confirmed thirty times at least by several Acts of Parliament which one Act might have serv'd for a Law if it had not been thought fit by our Ancestors to be often regranted for the more firme observance thereof That the taking from the King His Power of pardoning in these Causes is no more then the taking away His Power to pardon a wilfull murther which He cannot pardon as the Law now is That in case of blood the next of kin may bring an Appeale for their Ancestors death which the Party cannot be letted of by any pardon whatsoever 5. That a Proclamation be published for the Disbanding of all Souldiers within the Kingdome and bringing in of their Armes within ten dayes after such Proclamation upon paine of High Treason against all Refusers and their Abettors There can be no cause to keep an Army afoot to the oppression of the People when there is no enemy to oppose as there cannot be when the King is established in His Government That the Kingdome is so impoverished and wasted by the late warres that it is not able to bear the charge of an Army any longer That the Nobility and Gentry of the Kingdome are so ruined in their estates already that there is no possibility that it can be recovered in a long time neither will they be any way able either to contribute to the publick necessities or well able to pay their debts This is most effectuall for the disbanding of all Armies without delay and may by such a Proclamation be more