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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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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 LONDON Printed for Nath Brook at the Angell in Cornhill 1659. The EPISTLE to the READER EXpect not that I should apologize or beg thy favour either in Buying Reading or Approving the Contents of the ensuing Treatise If in the Publishing thereof I had had profit in my eye then it would have been a necessary Duty incumbent upon me in order to my ends to have fawned flattered and baited my Hook with Courteous Ingenuous Reader and the like but the bent of my Spirit and Intention carrying me another way I have rather chose to play at hap hazard and although I may content none else I am satisfied that I have pleased my self I shall not give you an Abstract thereof or like one that would allure your liking tell you more in the Title and Epistle than you 'l find in the Book there it is let it speak for it self Possibly some may judge me peremptory others phantastique but for that I am armed as neither seeking or valuing Applause or fearing or esteeming the Contempt or Malice of men Let it suffice it is the product of several years experience briefly but truly according to the succession of Councils and Affaires related and may serve as a Clue to guide your memories yea and judgments too unto a right understanding of those things which probably hitherto you have had but some confused Notions of and they too so disordered that thereby you have not been able to weigh things aright so as to owne or adhere to those principles of Freedom and Justice in the attainment whereof your Peace and Prosperity principally consists If I have been or shall be judged too severe or bitter in any expressions in relation to Persons or Councils I am sure it is so much against my principle that if the Nature of the thing could have been expressed in any other terms and have retained the similitude I should have forborne but although all Truths ought not to be spoken yet necessary ones must and in many Cases it is better not to speak at all than not to the purpose I have reason to believe that some will be angry because probably they 'l judge themselves concerned it is no news for the gall'd Horse to kick especially when he feeles the smart his sore being cauterized But I have this advantage Wise men will not shew it and for such as are otherwise their Malice cannot prejudice I will not Tantalize you longer but leave you to your Likeing having no other end herein than to manifest my self thine in the service of my Country J. H. ERRATA PAg. 37 l. 16. r create for treat p. 43. l. 11. r. you for them l. 16. r. in this Age for strange Age p. 45. l. 15. r. neer for meer The Moderator Truely Stating the CASE OF THE COMMON-WEALTH c. I Shall not look back so far as to the Originall of the Government of Kings whether before the Conquest or since nor dispute the equity or conveniency of the principles upon which they were established although much hath and may be spoken for and against that form both from principles of Divinity and Reason on the one hand the Divine institution being pleaded and not to be denyed although on the other side as to the manner of conveyance of and investiture in the exercise of the office of Kingship it is alleadged that there can be no power vested in one man over many but it must be either immediate or mediate An immediate power given by God say they none can claime if they can let it appeare and we will obey gladly but if not then their power must be mediate and if so then it must have its birth either from force because stronger or consent and election if by force how long soever continued freedome may be regained by the people under that force when ever opportunity serves if by consent then there is a mutuall obligation the one to governe by a Law the other to obey by a Law and this say they is the most sure basis of Government whether it be exercised by one or many The reason they give for this opinion ought also to be considered to prevent popular confusions They say where the Government of one or many is established by compact there the people do not convey a power to any to be exercised over them according to the lust or will of the Magistrate neither do they bind themselves unto any servile or slavish obedience unto his or their commands and therefore they establish on their behalf Trustees not onely to make and form the Law and compact by which they will be governed but also to see that the same be duely performed on the part of the Magistrate without which say they it were a mockery and not a Government each party obliged having upon principles of reason the same latitude of liberty to break the bond whether of command or subjection But my designe driving me another way I shall onely take a short view of the State of the affaires and Councils of this Nation under the Government of the late King in the yeares 1636. 39 40. And so proceed till after many revolutions we come to find England as it were clothed with feares and buryed in trouble and confusion as at this day from the consideration of the causes whereof the naturall consequences will by all unbiassed persons be readily deduced and applyed It may be remembred into what parties the Ecclesiasticall and civil Councels under that unfortunate Prince were divided viz. Arminian and Puritane among the Bishops and Clergy French and Spanish among the temporall Lords each party seeming to be most active in advancement of the Kings interest while under-hand they not onely introduced but also nourished and made their own designes to flourish I need not mention the consequences of the Councels of those times because the long intermission of Parliaments the excesse of monopolies even to pins and all things of necessary use the many illegall and unwarrantable Taxes of money upon the Subject as in the Case of ship-money which though but small in it self yet in respect of the principle upon which it was demanded viz. a pretended necessity of which the King was sole judge by which the very propriety of every mans Estate was and would have been destroyed It being by the same rule as lawfull for the supreame Magistrate to demand twenty shillings or twenty pounds if he see cause out of every mans Estate as one penny or any other summe because by the Grand Charter of England and severall other Lawes then in force nothing ought to be leavied upon the subject but by and with the consent of the people in Parliament I say these things are so