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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
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
the other if the design took to render himself able by the expected Treasure to maintain a Mercenary Army to subject the people to his arbitrary Commands which he judged the more facile in respect of the pretended ease he gave them in abatement of Taxes which he did not so much out of affection to the people but to contract debts and impose the payment thereof upon his pretended Parliaments thereby giving the people not onely an occasion of Complaint but also by degrees eating out their affections to Parliaments and rendring the onely means of their restauration to freedome burthensome if not irkesome and insupportable But because his great expectation in the Indies proved but a golden dreame to save his credit the Spanish War must be prosecuted in Flanders and in order thereto a peace is made with the French an Army is formed and transported under the Conduct of Sir John Reynolds a new Knight made by the Protector some say as a reward for his Apostacy from and treachery to the Levellers at Burford of which if he were guil●y the hand of Providence if not Justice met with him and his Comrade in their return from Flanders where they were buried in the Sea without triumph or teares other then their own their losse being concealed as long as possible till the trumpet of Fame proclaimed the certainty thereof maugre all opopsition I shall not take upon me to give any reason why the success of this Army should be different from the former although if their principles be compared it may give some little light thereto let it suffice that their uninterrupted success gained him much credit and rendred him very considerable abroad though not much loved at home his whole life being accompanied with plots and conspiracies some whereof were reall although others t is feared of his own contriving But to proceed Fourthly his frequent Imprisonment of the Gentry and others many whereof he had no other cause of exception against then that they were faithfull to their principles and so could not comply with his ends and therefore as to be feared so to be secured and that not onely for months but yeares to the ruine of themselves and Families Fifthly his frequent mockeries of the people in calling and dissolving Parliaments allowing them a face of freedom in point of election but afterwards winnowing the Wheat from the Chaff leaving few or none to sit but such whose interest or principles engaged them to imploy their wits in the advancement of his Aimes they being but the journey-men to do the work that was cut out by his Cabinet Junto and as long as they acted in order to that end they had good words and were feasted but if they ran Counter then old Harry with his dagger I mean Oliver would clap his hand upon his Sword or breast and not onely threaten but dissolve them of the truth whereof we had severall examples I need not mention that great juggle of the Act for Kingship and his cunning denyall of the Title which was the onely thing he gaped for because he saw some eminent persons in his Army which though neerly related did abominate his Apostacy although by secret threats and ingratiating promises he did endeavour to allure them to a compliance with the actings of Parliament with whom it is believed he was really angry because they accepted his answer whereas he expected that they should have both passed and imposed that Title upon him and enabled him to plead necessity as he did in assuming the Protectorship But I fear if I should mention any more of his good acts I should either tire or offend the Reader and therefore I shall leave him to the obloquy that is due to a Tyrant and Usurper and proceed to the short Reign of his successor who was a Gentleman that had very few other faults but that he was his Son and so unhappily became heire to the fruits of his Fathers Rapines and Oppression Under whose Government the difference may easily be discerned betwixt the Father and the Son the first Governing the Councell the second being governed by the Councell One Parliament was by him called and not without necessity for not onely his Right in point of his Fathers nomination to the Protectorship was litigious and doubtfull but also the engagements under which he groned left upon him by his Father by reason of the Arreares of the Army and Navy and other publick debts amounting to some millions engaged him to that course notwithstanding which such was the good husbandry that as it is said many thousands of pounds were spent in a payment-like funerall and in mourning bestowed on them that were able enough to buy it them selves and had reason to do it as having gotten by his Life and were like to be losers by his Death How the interests in that Convention for I call them Parliaments for form-sake not because I judge them legall their proceeds being but as of yesterday and so fresh in memory I shall forbear to examine onely by the consequences you may discerne the composition for by the conjunction of the Cavalier royall Presbyter and new Courtier the Common-wealths party notwithstanding they had almost all the wit and reason of the house on their sides yet when it came to the Vote right or wrong it was carryed against them and such Councells set on foot in order to the heightning the pretended but not intended Court and oppressing the good people under the notion of Anabaptists and Sectaries Quakers and the like all men that were opposers of that interest being charged with some capitall Character of distinction thereby to render them marks of obloquy or subjects of terrour and discouragement And in this being strengthened with an assurance of the Concessions of the Protector they were heightned to that confidence that contrary to all reason or former president they took upon them to impose upon the Army by denying them the liberty of meeting together to consult their affaires either as Englishmen or Souldiers although but to Petition the peoples right whereto hath been so publickly asserted and contested for by former Parliaments To mention these things amongst others then in design the effect whereof we have now seen although then under Covert gave the Army just cause not onely to consider the Consequences of those Councells with the dangers accrewing but also to look back to their former actings Councells and engagements and in order to the prevention of impending troubles which if the Parliament then sitting were continued would not onely be nourished but receive Countenance to the introduction of Monarchy and ruine of all such as had been the opposers thereof and not onely so but a gap must have been opened to a bloody persecution of many thousands of the good people of Engl. under the notion of Anabaptists Seekers Quakers and the like many whereof though differing in judgement are faithfull to God and serviceable to the nation I say