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
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 publishâ— 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
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