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: [Page 2]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 [Page 6]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.
[Page 7] 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 [Page 8]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 speedily and easily effected.
[Page 9] 6. That the Church-Government may stand as it is Established by Law, having respect to tender Consciences, until such time as it shall be altered by due course of Law.
7. That His Majesty will be pleased to promise the speedy convening of a National Synod of forty Divines of His Majesties owne Subjects. And that the Reformed Protestant Churches may be entreated to send some of their Divines, such as themselves shall make choice of to assist therein, for Establishing and Rectifying such an Unity and Conformity with all other Protestant Churches as shall be by consent agreed upon, whereby to preserve Unity with them, both in Doctrine and Discipline; which agreement His Majesty will Consent to have confirmed by Act of Parliament.
That no unity can be preserved either in Church or State, wherein there is no set forme of outward Government prescribed.
That the Government being established by Law, ought, and must be observ'd till it be altered by Law: And that Obedience is to be given to it, whilst it is a Law; And that the Magistrate ought to enforce Obedience to it.
That it will avoid all disturbance in the Common-wealth, concerning difference of Opinions in point of Religion; a thing most necessary to be prevented.
That if there be any thing in the Church Government now established, either Superstitious or Superfluous, which tender Consciences may take offence at, and may well be forborne; It will be necessary for the publique Peace and quiet of the Kingdome, to forbeare the strict execution of the Law for the present in such particulars.
[Page 10]That for the framing of Conformity with all other Protestant Reformed Churches, whereby the Papists and Sectarists may have no advantage to scandall our Religion, either in respect of diversity of Opinions, or outward Ceremonie: A National Synod may be conveened in this Kingdome, of Divines and learned men, whereby not onely the tenets of our Religion should be expressed in terminis, but likewise the outward forme of Discipline to be used in the Church.
That it will be much for the Honour of the King and our Nation, that the Kings of England should take upon them the Protection and Defence of all the Protestant Reformed Churches, and likewise to be the Head thereof.
As the Kings of Spaine make themselves the Head of the Catholique League, and to this purpose that the Reformed Protestant Churches may be invited to send their Divines to this Synod, that Agreement may be had with them in every point concerning either Doctrine or manners in the outward Discipline: And such Agreement to be established here by Act of Parliament; which all men shall Conforme upon a penalty.
This may be a just Reason to prohibit all private Conventicles and meetings, wherein private Opinions are broached amongst the people, who thereby are drawn into Publique Factions, and do raise Sedition and Tumults for Religion, to the disturbance of the Peace of the Kingdome.
8. That His Majesty will be pleased to promise to give the Royall Assent to such Bils to be made Lawes, as shall be presented unto Him by both Houses, in a full, free, and Legall Parliament, which shall no way intrench upon His Majesties Legall Prerogative, Honour, or Profit, but onely such as tend to the better Government, [Page 11]and ease of the Subjects, for the future.
This is but just for the King, to grant what the people shall desire, not trenching upon His own due Rights.
This granted, secures all men for whatsoever by-past, that a free Parliament shall think fit to do.
The King can do no more but for what concernes Himselfe.
9. That His Majesty will be pleased to grant these for the present under His Hand. And which He will confirme at His first comming to Liberty to some House of His own.
More, the King cannot do, by reason of His Imprisonment, and may befit He should promise to do, for the present quiet and Peace of the Kingdome, as now things are, at His first comming to Liberty.
10. And if these shall be refused to be done, either by King or Parliament, the blame may justly be imputed to lie there: And are very necessary to preced a Personall Treaty, wherein all Interests may be taken into consideration.