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A87143 Peace and not warre: or The moderator. Truly, but yet plainly, stating the case of the Common-VVealth, as to several of the considerable councils & transactions from the year 1636. to 1659. By John Harris, Gent. An affectionate lover of his countryes peace. Harris, John, Gent. 1659 (1659) Wing H859; Thomason E1000_25; ESTC R202581 28,992 53

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these considerations amongst others induced them to press the Protector to consent to their orderly dissolution which at length he granted and caused to be done by Proclamation thereby putting at that present a check to the design which now hath manifested it self and without all manner of question had been on foot sooner by some months had that power been continued Being freed from that fear they cast about for future security and in order thereto by a Declaration invite the Parliament called by the King chosen by the people and continued by a Law made in full and free Parliament who in the day of Englands greatest straits stood in the Gap and on whose Councells and actions so perfect an Impresse of the power and owning of God was engraven in indelible Characters I say calling to mind what foundations of justice freedom and security to all persons either fearing God or living peaceably was by them laid in the settlement of a free-State without a King or house of Peers they not onely invite them to the exercise of the power from which they were illegally forced by their late Generall but also engage themselves to stand by them and defend them against their and the Nations Enemies Upon their meeting or immediately after the Protectorship ceases and all things are reduced as nigh as may be to the order they were in when the force was put upon them I shall not trouble the Reader with a journall of their proceedings since the Press abounds with subjects of that nature onely in respect I find much dissatisfaction upon the Spirits of some persons that are otherwise well-affected who scruple their right to the exercise of the Supreame Authority and some such other frothy exceptions I shall in a sober manner offer to consideration the following particulars 1. That this Parliament was called by the Kings Writ and freely chosen and sent up by the Country as their Representatives and as such owned by the King 2. Whereas it is objected that the death of the King did dissolve them it is answered That it is true in all Parliaments but this and had not they been continued by an act the death of the King had dissolved them also but if the death of the King could not repeal that Statute which is undeniable then is their power of sitting warranted by Law and in this case there is no Interregnum otherwise by the same rule upon the death of the King all the Lawes of the Land must lose their force and the Government divolve into its first Choas which were madness for any man to imagin 3. Whereas it is further alleadged that although they were continued by an act yet they were then a full and free Parliament consisting of three Estates according to the Ancient Constitution of England it is answered That the peoples Representatives the Commons Assembled in Parliament were the Originall Authors and Founders of that Constitution pleaded for and as former Parliaments had the liberty of establishing that form of Government which in that Age might to them seem good and convenient or at least being under a force notwithstanding many struglings to obtain their Freedomes were necessitated to take what the Tyrants would afford them the truth whereof the contentions between the Kings and people in all Ages about the great Charter of Liberties doth plainly demonstrate I say be it upon which side soever the peoples now Representative have as good a power to alter the form then established and to introduce a new one if by them deemed most suitable and advantageous to the people that intrusted them as the former Parliaments had to establish that otherwise the power of repeal of Lawes though never so destructive to the people is taken from them and they that upon the clearest principle of reason and Law are the most proper judges are rendred but Cyphers altogether useless and unnecessary But as to the main part of the objection the Parliament consisted of three Estates viz. Lords Spirituall Lords Temporall and Commons for in the Constitution of our Parliaments I do wholly exclude the King who is in the judgement of Law deemed Major singulis sed minor universis and so cannot be brought into ballance with the Parliament who according to the practise of former Ages before the Conquest to which Governments the Conquerers submitted Parliaments were the great and onely Conciliators by whose Councells the Kings were wholly directed they having onely a power of advising with but not of imposing upon the Parliament as to the election or repeal of Lawes as by Ancient Records if examined will evidently appeare the late practice now pleaded as a principle having by degrees been introduced and imposed on the people and that which was a violation of their Charter of Liberties onely warranted by Custom against Law But now there are no Lords and not half the number of Commons that by the Law is allowed to constitute an House It is answered That when the Parliament was thus constituted and continued with one consent they agreed in a publick Remonstrance wherein they unanimously declared not onely what were the Grievances of the Nation by reason of the misgovernment of the King and his evil Council but do also engage themselves to act as one man for the reformation of the abuses both in Church and State and this I call the Good old Cause at first owned and asserted by the Parliament In their endeavours to accomplish these ends undertaken so solemnly and upon such serious grounds they meet with many obstructions and the King endeavouring to protect Delinquents by forsaking the Parliament and leavying of war many of the Lords and Commons that had espoused the said good cause and in their judgments declared it to be so basesly apostatized and joyned with the King against the Parliament of whom they were Members and with whom they had engaged for the obtaining a Reformation and I hope if they were called by Writ to sit at Westminster without an adjournment of the whole they could not upon any legal account set up a Juncto at York or Oxford and in doing thereof I hope it will not be denied but that they justly forfeited their priviledge as Members and brought themselves under the judgment of the Parliament for such their treasonable desertion And thus one part of your Lords and Commons so much pleaded for are rightfully divested of that Authority As to your Lords Spiritual They were those that had introduced those Innovations in Church-worship and in order to the supporting themselves therein had set on foot the Scotch war and therefore when they saw the Parliament endeavouring to strike at the root and that they as principal instruments in mis-leading the King were like to feel the lash of the Law they being back'd by a part of the Lords Temporal and Commons engaged in the same compact make a protest against the Proceedings of Parliament and for that unparallell'd and treasonable breach of Priviledge
are committed to the Tower and as Obstructers and Hinderers of that good work of Reformation by a resolve of both Houses are disabled to sit in Parliament neither did I ever hear or read that that Exclusion was deemed illegal The two Houses being by this time much lessened in number though not in power they transacted together in the management of the War against the King and his evil Council still in all their Declarations Propositions and Treaties insist upon the same Cause viz. The Reformation of abuses both in Church and State and offer several suitable expedients for redress thereof The war being ended they that in the wildernesse were united being in Canaan in peace began to divide as to the manner of doing what both parties agreed convenient to be done These divisions made the Chariot-wheels go heavily and what Reason could not prevail in Faction must a corrupt party as aforesaid in both Houses endeavouring for by-ends to prevaricate and after all the bloud and treasure spent to obtain the forementioned ends they endeavour to bring in the King meerly to gratifie their own particular interests wholly waving the publick cause so much before contended for and in order to the accomplishmēt of the said end because they could not obtain it by Vote they bring a force upon the Parliament and necessitate the Speaker and other the Members of the House that opposed their proceedings to flye to the Army for protection and not onely so but in all their future actings and debates in the House endeavour to divide the Army and introduce the King by a clandestine Treaty set on foot in the Isle of Wight after Hamiltons invasion by the Kings Commission whereby he had not onely rendred himself an implacable enemy but also a person not to be trusted having made and broke such solemn engagements to the hazard of the Nations peace and great expence of bloud and treasure thereby justly engaging both Parliament and Army to a resolution of proceeding against him according to Justice which being for the reasons aforesaid opposed by the said corrupt royal party and all their actings being diametrically opposite to the peace of the Nation and priviledge of Parliament they were kept out by a party of the Army appointed for that purpose and that Exclusion confirmed by the Parliament who certainly are the judges of their own Members and may exclude as many or whom they please if any just cause appear to them for so doing And as to the five or six Lords remaining in the Upper House who it s from good reason believed had never staid with the Parliament so long if they had judged their interest as considerable on the Kings party If either the principles upon which they were established viz. The will of the King or their frequent actings not onely to ballance but overtop the interest of the people in their Representatives by denial to pass many other good Laws proposed by Parliament as well as the Act against Kingship but also their challenging and exercising an arbitrary jurisdiction over the lives and liberties of Commoners over whom by Law they had no power or cognizance even to the subversion of that Government by the which they pretended to stand as Peers I say if these things be considered it cannot be denyed to be as legal an Act as ever the Parliament did when they voted them useless and unnecessary and reduced the Power to its first principle viz. To the supreme Authority the people in their Representatives the Parliament neither can it by Reason or Law be alledged that all or any these Mutations Changes and Interruptions should take away or destroy their legal power if there remained but Two and forty although it be evident that there remaineth a far greater number and such too as in all the Nations Troubles have been most eminent for Piety Integrity and Stability in principles tending to Freedom and Security I might hereto adde the signal blessing of God upon all their Councils and Actings in so much that not one weapon formed or design set on foot against them hath prospered but they have had cause of rejoycing while their Enemies have been ashamed But I find another Objection and that is newly sprung up viz. That they were not onely dissolved by their General but submitted to the power of the Protector owned and acted under the Government as Members in his Parliaments as they call them and as Justices of the peace and the like and therefore their power of sitting as a Parliament must needs cease To which I answer That their Servant might and did by force interrupt them but could not dissolve them because he had not power to repeal that law made for their Continuance and it is worth observance how he and his Accomplices were infatuated in that in all his Conventions in some of which he had power enough he never attempted the repeal of that Statute which although such a repeal could not have been legal yet it would have given some color to this Objection but the Law being continued they could not be legally dissolved And as to the other part of the Objection it is fit to distinguish between Generals and Individuals I do believe that some particular Members might and did act under his power as John or Thomas c. but not as a Parliament the actions of one or some few not being to be applied to the whole I confess had the Parliament as now constituted of such and so many Members acted in order to the support of his Tyranny or submitted to his Authority by transacting with him the case had been clear but their actings as Individuals while under a force and that being upon principles of necessity submitted to onely to gain an opportunity to struggle for recovery of their freedom I would fain know upon what principles of Law or Reason this can be judged a Dissolution but it s no news for discontented persons to create cavils and then disperse them as material principles of Reason whereas if they were but duly considered they would appear to be but vain Chymira's vented on purpose to occasion disputes and foment troubles and divisions But the former is backt by another considerable plea against this Power and that 's the encrease of Taxes and this seems to make an exceeding great noise catches every ear furnishes discourse for every busy tongue that otherwise would be at a loss for news to tell in a Tavern or Alehouse As to the increase of Taxes you may thank your selves and not the Parliament for pray remember in what condition you were when they had that force put upon them as to peace trade at home and credit abroad nothing lying upon you but an ordinary Tax and moderate Excise and yet then as certain a charge lay upon the State in respect of the Dutch war powerful Navies being exceeding chargeable as ever the late Powers could pretend to and yet still some publick
want of pay the bishops bags either being emptied or shut up now if the Parliament pass an act for so many subsidies upon the confidence of their security then though the King continue them to sit by a Law yet may the Army or a considerable part thereof be by money hired to break them up upon pretence of necessity first created and then pleaded upon which resolution the King is wonne to passe that act so much pleaded as matter of his justification and concessions to the Parliament But whether he did really know or were privy to the after game that was to be plaid upon them after they had granted their supplies I shall forbear to censure onely leave it to the judgement of the Reader upon the consideration of subsequent transactions But this is evident to the knowledge and experience of the Author that accordingly both by Letters and Commissions under the hand and Seal of the King many endeavours were used to engage the Army to breake up the Parliament the forementioned Act for their continuance notwithstanding and upon discovery whereof the Parliament were constrained though by contracting great debts upon the publick to undertake to satisfy the Scots and to pay and disband that Army to prevent the designes that were hatched and carryed on under their covert And this I may call the first visible cause of the Parliaments jealousie that the King although he did seemingly comply with them yet under-hand did depend upon and was guided by other Councells It is not my businesse to give an account of the weekly proceeds of the Parliament onely by generall hints of things to lead you by a succession of some generalls unto the remembrance of such affaires as may be conducible unto the end proposed The business of Delinquents especially the Earle of Strafford and disposition of the Militia were the most considerable visible causes of difference between the King and Parliament other things might and did intervene as additionall fuell to increase that flame which since hath scorched if not burnt all on both sides that had a hand in the kindling of it but probably busie instruments in each party having designes retrograde to the grand end which should have been peace and unity viz. Souldiers of fortune that desired to fish in troubled waters and hoped to rise by others ruines animating the Court to extreames the greatest whereof was the illegall demand of the five Members and others as busie to take that advantage to abet the people in Petitioning with seeming violence for such things as could not but in that juncture of affaires create jealousies and feares in the King I say things being brought thus into a suddain hurry and the people which not many dayes before upon his return from Scotland had entertained him with acclamations of joy now declaiming against him upon pretence of the denyall of Justice And being seduced by the forementioned Counsellours he first sends the Queen for Holland and afterward leaves the Parliament and retires himself from place to place till he arrived at York to whom the Parliament sent an humble Petition praying his return and severall Members are Commissioned to give his Majesty satisfaction touching his demands But the designe for War was laid although peace was pretended and a seeming necessity for his departure pleaded upon pretence of tumults the Parliament was a burthen and must be removed and it is submitted to judgement whether the designe of the Queens going to the Spaw publish● long before any of these pretended tumults which never appeared untill the erection of the Guard of Cavalry against Whitehall to hinder the peoples recourse to Westminster though with peaceable Petitions according to their just liberty And his denyall of justice upon Strafford I say it is left to judgement whether the bottom of the business of that voyage was not to buy Armes and engage Orange and the Dutch to grant their assistance towards the carrying on of the intended War otherwise it is not probable that the Jewels of the Crown by her pawned and the money imployed for that purpose would have been hazarded in such a voyage But to proceed To initiate the War instead of returning to the Parliament although often Petitioned to that purpose a guard must be raised for the security of his Majesties person and accordingly is in the meane time severall Members of Parliament whether through fear of the event or hopes or promises of advantage or by what other allurements I shall not determine Betrayed their trusts left the Parliament and went to the King at York thereby not onely giving countenance to those proceedings but also much lessening the power of Parliament In the mean time Commissions were issued under-hand for leavies of men in order to form an Army against the Parliament and Provisions in hand for the erection of his Standard at Nottingham which was soon after put in execution These preparations put the Parliament upon new thoughts and seeing neither Messages nor Petitions could prevaile and that there was a necessity laid upon them either to betray the Liberties of the people that had trusted them and the Lawes of the Nation into the power of those evill Counsellours who had as aforesaid abused and betrayed the King and Kingdome into so many troubles or otherwise to cast themselves upon the affection of their Trustees and the justice of their cause and in defence thereof to raise an Army which they accordingly did and put the same under the Command of the Earl of Essex with Commission onely to defend their Authority and protect the people as much as might be from the force of the enemy I shall not enumerate the various successes of the Armies being unwilling to renew the teares of the Parents Widowes and Orphans made Husbandlesse Fatherlesse and Childlesse in that unhappy War onely in respect of some subsequent transactions I must give a hint or two of some remarkable passages upon the basis whereof a great part of the succeeding narrative depends The War being prosecuted with violence in all parts of the Nation an association of Essex and other Counties was made and a distinct Army raised under the Command of the Earl of Manchester others were on foot in other parts according to their respective necessities under Sir William Waller c. But Manchesters Army being moulded for the most part of sober serious Christians though of different judgements God was pleased signally to own them in their actings and successes more then any other force imployed at that time on the behalf of the Parliament and particularly in that engagement at Marston-Moore and the siege of York The defeat then given being the first considerable weakning that ever the Kings party received I confess there were joyned in the said engagement the Scots who had been called in to the Parliaments assistance But as to their merit in that engagement except some few of the Gentry I think it will become me to be silent the whole
true as the first rivolet that began to let in a deluge of miseries upon himself and family But the King was removed and the camp metamorphosed into a Court some of the then principall Commanders learning to flatter sooner then they could to fight How the King was courted as to the giving of honours thereby endeavouring to render the advancement of four or five General Officers the price of the blood and treasure spent in the War severall papers printed and published by some that were nick-named Levellers and confirmed with the losse of their bloods as sure testimonies may sufficiently evidence and for my part I do really believe when the King lay at Causham and was afterward upon his publick and solemn engagement not to do any thing that might tend to the disturbance of the Peace besides his private promises to Whalley and others that the Commanding part of the Army did really intend his re-establishment otherwise it would not have been pressed with such Candor and Zeal by their addresses to the Parliament neither would they having Petitioned the Parliament not to Command them to bring the King nearer London notwithstanding bring him to Hampton Court and permit the Scots Commissioners to have free access whereby the King became lyable to the breach of his engagement by giving Commission to Hamilton to invade and also thereby gave birth to all those following insurrections of Surrey Kent c. set on foot by the royall Presbyterian sticklers on purpose to give time by busying the Army for Hamilton to fall into the Association which if effected the consequences thereof may be easily judged I need not mention the dispute between the parties about the Militia of London nor the issue thereof since it produced no good on their part that contrived it But the flight of some and imprisonment of others and the positive owning of that party of Parliament that were opposers of that interest Onely it will be worthy consideration what method was then observed by O. C. who then managed all the affaires of the Army in effect and had as hazardous a game to play between the Insurrecters Levellers as ever came to hand For the case thus stood the King by whose restauration he expected the old honour challenged by the Cromwells as was then suggested and upon whose account he had exasperated his truest friends had left him in the midst of a divided Army fired with discontents all ready to fall on him a considerable part of the Parliament then sitting being disobliged and angry as having some jealousies that he designed his own greatness to oppose the fury of a potent Nation backt with the power of a rich and prevalent party in the Kingdom besides the reliques of Royalty that the Sun-beames of his complacency and countenance had also warmed and enlivened to give him new trouble Seeing himself thus ensnared if by the most reall discovery of his sorrow and shame for his aberation and wandering he could unite a considerable part of the Army to stand fixt and disband or Casheere the wilfull yet they must divide into the severall parts of the Nation where the appearance of enemies required their service Leave the King to the charge and care of the Parliament he dare not and to carry him with him in his Marches both troublesome and dangerous therefore first the discontents of those called Levellers must be heightned on purpose to give occasion of telling an officious but false lie to the King to incite fear viz. that the Levellers intended his death by some sudden attempt by which bait and the treachery of some of his own confidents he was dril'd unto the Isle of Wight whither Colonell Hammond was sent to receive him yet all this while the Parliament were kept in Ignorance and must be it being not ripe for discovery till the issue of Ware-Rendezvouz was seen and then just in the nick as if the product of providence newes of the Kings being taken is promulged with much joy when he was never loose but trapan'd as they call a snare faster then ever Having thus secured the King the next work is to quiet the Rebells before the Scots could be ready to invade but the work proving of greater difficulty and length then was imagined had not the goodness of God assisting Major Generall Lambert in his Conduct beyond expectation retarded their march It had been impossible for the Forces out of Wales to have joyned or been in a condition to Fight them much less give them such a totall overthrow as the successe of that day did manifest After the rout of Hamilton and reducing of Colchester we are at leisure to consult future safety and in order to that both parties are at work the Royall pretended Presbyter whose interest depends principally upon the King They press on a treaty and the other as they had reason find no ground to trust him that had broke such a solemn engagement and put the Nation to so much hazard besides the expence of Blood and Treasure which at that juncture of time was a great aggravation so that now the scale is turned and that party that formerly thought nothing the King offered satisfactory are now willing to receive any thing And the other party that formerly were willing to depend upon the Kings personall engagement will not now trust his oath though ratifyed by a Law as knowing that Princes acted by policy judge no obligation of force that thwart's their designed power or advantage In the pursuance of these ends both parties act the Royall Presbyters are at the old trade of Petitions and engagements abroad thereby to give countenance to their proceedings in Parliament and being prevalent in the house Vote not onely a treaty in the Isle of Wight but also without much adoe as if the matter were concluded by instruction Vote the Kings concessions satisfactory when if what was offered at Uxbridge upon those Propositions and at Holmby by the King personally were considered it wil appeare that there was more reason for the acceptance of peace then then now the case being much altered but it is evident it was not their affection but the necessity of their interest that drew them to this change of opinion The other party had no reason if they could avoid it to suffer these proceeds the ratification whereof must needs concenter in their ruines The consideration whereof made then not onely to consider the carriage of affaires by the King who had left no meanes unattempted to destrey the Parliament and inslave the people and that in opposition to that designe the people being acted by them as their Trustees had hazarded their Lives and spent their Bloods and Estates that therefore unless they would bring all the Blood that had been shed upon their own heads they ought in judgement and Conscience at least by a publick tryall of the King to assert the publick justice of the Nation in opposition to that principle of being