Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	judge_n	king_n	law_n	5,155	5	5.2571	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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