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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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A MEANES TO Reconcile the present distempers of these Times as things now are Set out By a Member of this present Parliament Tempora mutantur nos mutamur in illis Scinditur incertum studia in contraria vulgus Vivitur ex rapto non hospes ab hospite tutus Nec socer à genero fratrum quoque gratia rara est Nulla fides pietasque viris qui Castra sequuntur Venalésque manus ibi fas ubi maxima merces Nulla salus bello pacem nunc poscimus omnes LONDON Printed in the Yeare 1648. The Preface THere was lately set out in Print a Paper Entituled The Wonder Or Propositions for a safe and well-grounded Peace I must confesse that the Preface and the Propositions came from me though not the Title The meannesse thereof I desire may not be lookt upon to the prejudice of the matter but the Zeale of the Author to the quiet and peace of his Native Countrey For the Bloodshed Rapine and Destruction which now rageth amongst us must daily by the Continuance thereof not onely make the Cure more desperate but likewise declare the wrath of God to be more heavy upon us For if Tully a Heathen Orator pleading a Cause for his Clyent could say Iugulare Civem ne Iure bonus quisquam vult mavult enim commemorare secum possit perdere pepercisci quam cum parcere potuisset perdidisse Much more cause have we that are Christians to avoid this needlesse shedding of so much of our owne native blood as is daily in every corner of the Kingdome shed amongst us to the unspeakable grief of all good men So that it may be said as Saint Paul once said to the Corinthians I heare there are Contentions among you Is there not a wise man among you but that you must goe to strife one with another The speedy ending of these Distractions which I conceive may be easily and soone ended if every man would lay aside his owne particular and onely looke to the safeguard of the shippe wherein we are all Imbarkt and in the preservation whereof all our lives and fortunes doe consist This by the perswasions of some freinds hath induced mee to publish such Reasons for the more cleare manifestation Inducement of the former Propositions my selfe knowing my owne Integrity makes me no way ashamed to own them I am unwilling to impute blame to any partie but rather that things past may be past over with the most candor and least bitternes though my own sufferings have been as much and as causeles as most mens have been Only thus much I may justly say for my self as the Mag-pye did in the Poet when she was stript of all her feathers being askt the question how she came to be so naked made Answer Quid fuerim quid sumque vide meritumque requiri Invenies nocuisse fidem This is all my end onely desiring God to give such successe to this endevour by so weak a means as may tend most to his glorie the good peace of this our native Country my selfe being alwayes ready to serve the Common-wealth with the uttermost of my endeavours in the wayes of Peace and Truth Hen Anderson The PREFACE HAving since the first beginning of this Parliament observed the differences therein both in their breeding continuance the people holding themselves grieved with illegall pressures put upon them both in the freedom of their Persons the propriety of their Goods and the liberty of their Consciences and these wrought by particular men for sinister ends by their interests in Court to the disturbance of the quiet and peace of the Kingdome as it stood establish'd by Law These occasioned a desire by most men not only to prevent the like for the future but also the punishing of such as were conceived to be Authors Procurers or Supporters thereof thereby to deterre others from doing the like hereafter And this trench't upon both Courtiers Lawyers and Divines The meanes to reconcile and prevent which as the times now are hath incited me being a Member of this present Parliament and conceiving my self in duty bound to tender my best advice for the speedy ending of this most barbarous and unnaturall War that is now raging amongst us which can produce no better effect if not timely ended then a generall destruction of the Nation who are now become a Scorne and Contempt to all Neighbours who were before look't upon with great honour and respect yea not without envy Besides the high wrath of Almighty God by the courses held and observed in the prosecution thereof I professe by this advice not to look upon my self but meerly the good of my native Country and that which I conceive my self bound to both by the Oath of Allegeance Supremacy and the Protestation which I took this Parliament And this without respect of any party further then my judgement shall lead me to And I shall likwise give this testimony of my owne sincerity herein that I being a Commoner of this Kingdome and knowing no where else to live but in England here under a peaceable and free Government In all just things shall adhere to the Common-wealth and the liberties of the Subject yet no way hereby to detract from the King what may justly be due to the Regall Power and which it can no way be abridged of without too much diminution I have alwayes conceived still do that the Regall Power ought to be limited by the Law And if it be debarr'd of its due course in the execution thereof God defend but the people upon generall complaints should have remedy therein especially to prevent the like in succeeding times considering the Government we live in is a mixt Government by consent betweene the King and the People as to my sense doth manifestly appear by the words of the Oath of Coronation which being observed the people as bound in Conscience ought to yeeld the King all due Honour and Obedience to His just Commands Thus I have declared unto you the opennesse of my heart herein leaving the following advise to your best judgements with my Prayers to God to give such successe therein as I in the Integrity of my heart doe desire A ready way as is conceived to compose the present Differences as the Times now are VVith the Reasons inducing thereunto By a Members of the House of Commons this present Parliament 1. THat the King be immediately sent for to come to Hampton-Court without any Conditions or Guard whatsoever but according to His Majesties own pleasure That the King being under restraint and not at his free libertie can doe no Act which can bind him either by the Law of the Kingdome or Civill Law both which lawes doe make void all Acts whatsoever which shall be done either per minas or dures of Imprisonment so that necessarily he must be at his free libertie without any restraint or tye but his owne free disposition before he be in a
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