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
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
fresh in memory that I shall not need to stir those embers any further that have kindled such a fatall fire in the bowels of these divided and distracted Nations Onely give me leave to mention the method that was observed by the Catholick Caball then governing in Councill to introduce those troubles that have since been the necessary consequences of their then designments As to the King an unlimited Prerogative was made the sugred bait to allure him to a countenance of and compliance with them it being naturall for all men especially Princes not onely to admire but to reach at and covet the encrease of power and dominion especially when the attainement thereof seemes to be facile and the end advantageous Having brought him to their bent in that particular then they began to spring that mine which had for severall yeares lain hid viz. the introduction of Popery though not in its own name nor with its own face for as yet neitheir their Councils nor forces were ripe for so great a work and therefore the two factions Spanish and French being joyned to the Arminian part of the Clergy who at that time greatly over-powered those that were called Puritans set on foot the orders for conformity and uniformity in publick worship and imposed the publick Liturgy or Common Prayer setting the same above preaching c and this not out of any zeal to the Glory of God but in design to heat and perplex all such in the two Nations of England and Scotland as were conscientious to the intent that by that opposition which must consequently be made by them whose principles could not submit to those unwartantable innovations an occasion might be given them to incite the King to make use of his power by force to impose what otherwise his Proclamations and commands could not effect And this from reason and experience I alleadge to be the parent of the Scotch War begun under the command of that great Spanish Factor Arrundell Generall who indeed was the fittest to execute what had been so long hammering between him his brother Cottington and other the Cabalists of that faction And by the way it is worth remembring that while the King with all the power of the nation was engaged in the borders of Scotland by force to subject them to the designes both of his own and their enemies the Spaniard arrives in the Downes with a powerfull Fleet and Army the comming whereof was never so much as known by England or at least taken notice of untill seen although forraign preparations doe and ought generally occasion nay necessitate domestick provisions for security But the Dutch dissipating them diverted the storme and left England destitute of that proof of their designe which if it had taken we have cause to believe that pretended peace patcht up with the Scots had not been so soon made but being put upon new Councells and that forraign assistance failing they feared to rely upon the strength of their Army which though as to men gallant and numerous yet being somewhat divided and all England behinde them in feares the appearance of the Spaniard as aforesaid having put men upon consideration lest the designe should appeare both to the King and his people I say a peace is patcht up the Army disbanded and a Parliament called by the expectation whereof the people began a little to be quieted in hopes that by those Physitians the nation might be cured of all its distempers But such was the composition thereof by reason of the prevalency of the Court in point of Elections of the Commons and mixture of interests of the Lords Spirituall and Temporall that as little could be rationally expected from them as was effected by them at their meeting for as the intention of calling was only to justifie the Scotish War by a Law and to get money by a loane or subsidie to carry it on to which the Commons would by no meanes assent so all expectations became frustrate by their speedy dissolution and the setting on foot new Councells and designes to increase the flame and encite the King to make new leavies against the Scots imprison severall Members of the Parliament and Scotch Commissioners sent and attending to ratify the Treaty seize severall of the Ships and Goods of the Scotch and by all meanes endeavour to suppresse and destroy the Puritane party as they call them who they judged the onely great enemies to the King whereas they took the exactest course in the world to make them such all their designes and actings being clothed by his power and strengthened by his warrant and Commission And to the end the want of money might not retard or hinder the vigorous prosecution of the War the Bishops open their bags and raine showers of Gold thereby justly giving occasion for it to be called Bellum Episcopale but notwithstanding their haste the Scots who suspected foule play had formed an Army and were upon their march into England before they could raise and rendezvouz and maugre their speed after their routing of a party nigh Newborn engaged by the Earle of Strafford as is really believed upon designe to make the War certain the Scots enter Newcastle and possesse Durham and parts adjacent while the King retires to York neither Army proceeding any further to acts of hostility But by the way it is observable the Earle of Northumberland who a little before could not be suffered upon any termes to pass Trent being popular in the North and a moderate Protestant must be made Generall the better to colour the businesse and since the Spanish assistance failed a new forraign force must be made use of and the Catholick Irish His Majesties then pretended most loyall Subjects must be armed and engaged in this religious War contrary to reason common rules of prudence or safety and the consequences whereof did soon after visibly appeare in that horrid rebellion which ended in the sorrow and ruine of the designers The Scots being in England and necessities encreasing many of the Nobility and Gentry were summoned to attend upon the King at York where after mature consideration of the State of affaires a Paliament is agreed to be summoned and Writs issue out accordingly The Parliament being met and an account being taken of the necessities and demands of the King after many debates the Parliament resolve and declare That unlesse they might be secured to sit untill the grievances of the people were considered and redressed they would grant no supplies nor intermedle with the Scotch War but leave it as they found it or to that purpose This resolution was a bitter pill to the Court and hard of digestion but yet necessity has no Law down it must and therefore an antidote must be prepared and lie in readiness as a cure for this poyson For the case stands thus if the Parliament be not satisfyed then no supply there is an enemy in the Land and an Army ful of discontents for
had a desire as is pretended to perpetuate their power the hair-braind actions of the generality of the present Generation doth not treat a real occasion it not being safe to trust unskilful riders with such wild Asses 12. Whether if notwithstanding the present Parliament through the blessing of God shall attain the desired end of peace and freedom by the settlement of successive Representatives and make due provision for the equal distribution of Justice and having established this Nation upon a sure basis or form of Government as a Common-wealth shall in some convenient time dissolve themselves whether I say most persons in England will not have just cause to take shame to themselves for the Slanders Reproches Interruptions and hard Thoughts they have harboured against their faithful Patriots who maugre all difficulties have been supported in their spirits to prosecute their work resting upon the righteous judgment of God and not valuing the threats or tumultuary disturbances of contrary-minded men My Friends pardon my plainness I do not speak from a principle purchased by Reward that which swayes with me to assert the forementioned Premises is a reall knowledge of many of the Gentlemen and of their aym in the general and if the unbelief of England make not their Chariot wheels heavy I am confident that God will make them as great Instruments of good to this Nation as they have been examples of wonder and astonishment to their Enemies abroad and at home But if by Jealousies Murmurings and Repinings Plots Insurrections and Rebellions men will not onely interrupt them in their work but also necessitate them to act upon principles of safety and severity I refer it to all rational persons whether it be likely that they should ever be able to answer those ends which you so much desire and yet by all crooked endeavours hinder How can you expect peace when you design war How can you expect ease from your burthens while you create a necessity rather of encrease of an Army than of lessening it Certainly if men would but consider former Experiences and eye what different methods God hath observed in bringing about his great and unparallell'd dispensations in these Nations contrary to all the designs or expectations of men I say certainly were these things soberly considered it would teach men patiently to wait in hope for the good they expect in Gods own way and not take upon them to prescribe how and in what manner or by what Instruments it is convey'd His Arme is not shortned why then should any man despair of attaining his desires Is it not because he will confine God to such and such means and without it be done in such a way it is presently concluded it cannot be done Whereas both Experience and late Examples manifest that God hath transformed the hearts and judgments and turned the designs of the Great men of the World topsy-turvy beyond all expectation as in the very case of the present Parliament and without doubt when ever they shall cease from designing his glory and the publick good or render themselves unfit Instruments for the work which he is doing in the World then and not till then shall their Counsels fail and they shall be shattered and cast away as uselesse and unprofitable servants others better fitted shall be raised in their stead for God hath a succession of Providences and all his Councils are ordered and sure therefore wait patiently and you shall see the salvations of the Lord LAMBETH August 30. 1659. This is the assured hope and expectation of him that desires to manifest himself Friendly Reader thine in the advancement of his Countries peace J. H. A POST-SCRIPT to the Parliament and Council Right Honourable HAving in the foregoing Narrative taken the boldness to treat of you give me leave now in plainness of heart to speak a few words to you I confess you may justly demand How dares such a poor despicable obscure Creature as I am presume to paraphrase of or dictate to you that are the Princes of our little world I know by sad experience it many times falls out that Integrity is accounted Arrogancy and Singularity Flattery better pleases the eares of great men than plain dealing but I hope better from the greatest part of you however I have not learnt to flatter nor know how to fear therefore my Reward is with that God that knows the bent of my spirit and will in the latter end bear testimony that what I have done herein proceeds from a principle of affection not onely to your persons but to the publick Interest concentred in you Those Travellers that fear dangers or desire safety in their journeys use diligence in their enquiries and receive direction with thankfulnesse but if an unknown or unthought-of danger be discovered unask'd that doubles the obligation and 't is not an unusual thing in long and dangerous travels especially where Enemies are on all hands for such occasions to offer themselves It is an old but true Proverb Standers by see more sometimes than they that play and the reason is obvious high conceit doth usually occasion oversight and we are apter to discern other mens mistakes then our own Self-opinion and Self-love are two of the most dangerous Steers men that can possibly be employed at the Helm and if Captain Humility look not carefully to the Compasse 't is ten to one but the Ship will either be split upon the Rock of Ambition or swallowed up in the Quicksand of Oppression That you have a difficult I may say dangerous Journy to go as being incompassed with enemies abroad I wish I could not say at home too besides the clogs and remora's occasioned by domestick divisions flowing from the difference of Interest and Principles I think will not be disputed or denyed I might to the difficulty and danger adde the distance for if ever you arrive at your journeys end as you have set out from the Wildernesse of Tyranny and Slavery so you must never cease till you have attained the desired Canaan of justice and freedom You know it is said that none obtain the prize but they that run to the end of the Race and truly I may say to you in the same sense that it will not be sufficient for you to bring England to the borders or within the sight of the enjoyment of those promised ends you have so frequently declard for and they have so earnestly desired unless God shall deal with you as with Moses of old and for your transgressions suffer you onely to see the Land a far off but you must with Joshua conduct the people into the possession of your Promises and their Hopes maugre all opposition And though there be many Corah's that create fears and disparage the work both as to the matter and manner of it yet be not discouraged but proceed and consider that if the work was good when you first declared for and undertook it although the way to the