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
debts were paid as well as the Armies and Navies so that in a short time England had probable hopes of great ease as to an abatement of their Taxes especially if an as honourable and advantageous peace had been made with the Dutch as this Power proposed insisted on and for denyal whereof they undertook that war But if you remember further there hath been a Spanish war set on foot without the consent of Parliament and therein not onely many mens lives lost but much Treasure hath been expended and not onely so but vast debts at home and arrears abroad contracted and owing both to the Armies and Navies besides the charge of a Court for the inferiour part of it more luxurious than the Kings By all which means great debts now lie upon the Parliament although you know what an exceeding great encrease of Excise was granted by one of his Conventions to the discouragement if not ruine of Trade now I say this was Englands nay give me leave to speak it to the shame of many it was even the fault of those who had most reason to assert the parliamentary interest had not we repined and like ignorant children eagerly desired a change in expectation of better things we had not in this manner met with worse neither had the General though his Army had been united to him which we know for the generality were surprized dared to have attempted their dissolution or his own usurpation but we like a company of weather-cocks are now so Frenchified that every new Fingle-fangle takes us and we are more ready to run with our flattering addresses to them that forge strong chains for our heels I might say hearts than those that endeavour to recover and secure our freedoms I need not mention the present occasion the charge is visible in your eyes Now pray how shall these debts be paid The decay of Trade which you all experience and complain of renders the Revenue of the Customs and Excise very inconsiderable and what other Incomes may happen is uncertain you see there be enemies at home and you have reason to suspect foes from abroad besides the visible necessity of a considerable strength to ballance the discontents of honest men who as the case stands are hardly to be trusted with the keeping of their own peace now I say upon all these considerations how can you charge the Parliament You would have a Protector and still strive for a King nothing but a single person will please you and yet although you lay all these foundations to contract debts you are loth to have any hand in the payment but soft and fair self do self have if you will have Princes you must maintain them and if your discontents endanger the peace it is a necessary duty incumbent upon the Parliament to keep an Army to prevent you Englishmen are almost turn'd Bedlamites and were not the Lash threatned Harmony would be turn'd to Discord Cain would slay poor Abel and all Parties like Sampson and the Philistines would dye together though probably their expectations may be otherwise I know to serious men I have said enough as to this Subject and for self-will'd persons all that can be said is too little because they are wedded to their own fancies Discontented persons desire no satisfaction and Malignant ones deserve none I shall therefore proceed to offer some few Quaeries to the consideration of all Parties that take themselves to be concerned in the peace and prosperity of England and submit all to the consideration of the unprejudiced Reader 1. Whether it be by any rational man supposed That the Kings of England as single persons had their power and magistracy by the immediate designation of God 2. Whether if not by Gods immediate appointment it was not attained by force or fraud or conferred upon them by mutual compact and agreement for society and safety sake 3. Whether if so conferred the people conferring was not the supreme Authority 4. Whether it can upon any principles of Reason be imagined That the people thus sensible of the benefit of Society and in order thereto making choice of such a form of command and subjection did not also by some equal rules ballance the power to prevent Tyranny in their King and Slavery to them and their posterities 5. Whether if the power were attained by force or fraud although for a time the people for necessity sake do submit may they not throw off that Yoke and recover their freedoms if by any means they can 6. Whether in case of compact the King taking upon him the Government upon Condition of performance and that upon oath solemnly taken in the presence of the people he shall notwithstanding act according to Will and not Law thereby rendring that which was intended for the common good a common mischief I say whether in this case the people are tied up to a slavish servile Obedience and left without all manner of remedy either of divesting him of that Authority or of calling him to an account or judging him by the said compact and agreement and if so upon what principles of Reason or Prudence could they submit to such a slavery 7. Whether if the people may call their King or supreme Magistrate to an account they may not elect another or choose and establish any other form of Government to them appearing most conducible to their safety 8. Whether any Government be more likely to answer the great ends of the people than when their Laws are made by their Representatives equally elected and limited as to the exercise of that power so that he that commands this year shall taste of subjection the next and therefore will be careful how he entails slavery upon himself and posterity the Law binding all alike and not saying Thou shalt not kill but I may but whosoever sheddeth mans bloud by man shall his bloud be shed and so in all other cases 9. Whether the present Parliament be not the most likely persons to establish a Government upon the most equal principles of Freedom that have so frequently declared for it so zealously contested against Tyranny even unto the bloud of the Tyrant and remain so solemnly engaged to God and man both by their own Declarations Promises and Principles according to the best of their judgments to accomplish it and that as a testimony of their thankfulness for the eminent deliverances that God hath given them in their endeavours to obtein it 10. Whether the discontents of the people and endeavouring to bring in a Family that it is to be feared God hath set his face against for evil may not onely provoke God to deal with England as with Israel of old and give them a King in his wrath but also bring a judgment of war upon this Nation with the miseries accrewing and then when it is too late men will wish for that peace which now is so irksome and troublesome 11. Whether if the present Parliament
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
unaccountable save onely to God In pursuance whereof the treaty was dissolved the King removed and soon after the Heads of the said faction that had so often attempted upon the Parliament as to breach of Priviledge endeavour to divide the Army under-hand contrivances as to occasion the late insurrections of which severall of them might have been convict if the more weighty affaires of the Nation then on foot had not constrained the Parliament to wave their prosecution and remain satisfyed in that the Clogs that made their Chariot wheels go heavy were removed As to the results touching throwing down Kingship as dangerous and chargeable Peereship as uselesse and for the tryall of the King the Records of Parliament being extant I shall omit to treat any further thereon onely I shall adde this and submit it Whether seeing on all hands it is granted that the King before he could do any regall act did solemnly swear to rule according to the establisht Law and to grant such Lawes as the people should choose whether I say the Parliament that were the most proper judges on that behalf had not power by Law to call him to account for the breach of the said oath especially seeing the breach of the said oath is without all manner of question And whereas it is alleadged by those who cannot deny the former that although the King may be accountable to a Parliament as the proper judges of Law and the breaches of it yet it ought to be legall and free As touching these objections they shall be in due time answered to the satisfaction of all those that are not wilfully blind But I must proceed with my narrative The King being tryed and Executed whether by direction of Parliament or to gratify a particular design concerns not me to dispute however the waters that had been troubled grew smooth and calm and the Parliament began to cure those sores that our many yeares troubles had occasioned In particular many publick debts were satisfyed contracted upon the publick faith in the beginning of the War and increased by new securities in the progress thereof In short affaires were so managed by the prudent conduct of Councells that not onely Ireland whither O. C. was sent Generall was in a competent measure reduced but also the forraign Trade enlivened and the most probable grounds of a sure peace laid that outward appearances could warrantize and from impartiall judgements it must be allowed that England could never have been so unhappy as to have run these risgoes of change hazard had not the aforesaid parties Councells and actings been the principall designers and instruments therein but as their malice is implacable so their endeavours are diligent and without intermission as the product whereof the Scotch were encouraged to a treaty at Breda with the Eldest Son of the late King since Crowned King of Scots it being from old experience known that they never durst attempt any thing of late times against this Nation without encouragement by yea and silver contributions too from Engl. they being a people principald to gain who ever lose and to make their design faster they made sure of the Lord Fairfax who as was said before was a Gentleman exceeding passive in Counsels though otherwise valiant and active it becomes not me to dispute the reasons of his dissatisfaction in some cases what ever is not of faith is sin let it now suffice he refused to engage against the Scots and thereby put the Parliament to the necessity and sending for O. C. then Generall in Ireland who had much adoe to order his affaires there so as to come timely to receive the power of Generall notwithstanding many letters sent him on that behalf But Providence ordered that the Parliaments Idol should be their Scourge otherwise probably as able as honest I am sure as faithfull and lesse dangerous might have had the Conduct of that affaire and left him to the enjoyment of one that by that means would not be contented with three But he loved to be Courted that when time offered he might twit the Parliament with their necessity and his service Into Scotland he marches and to give him his due he under-went many hard-ships besides a dangerous fit of sicknesse from which if God had been pleased in mercy to deliver him by death I believe he had not been guilty of that perjury blood and apostacy that afterward he contracted Being recovered and the after-game though not at Irish to be plaid in England he having a man to enter followed hard after and entred in season hit the blot at Worâ—ester and came off Victor returned to Westminster entered the quarters of the Court viz. the Cock-pit where he plaid the game so cunningly that wanting enemies abroad he Conquered his Masters at home and brought such an unparallel'd force upon the Parliament as never any King of England though invested with a legall and Regall authority durst attempt and for the doing thereof in point of justification pleaded necessity alleadging that they designed to perpetuate their power whereas if I be not informed amisse when dissolved they were passing the act for successive Representatives and had dissolved themselves and given a period to that Law for their continuance within very few dayes afterwards But such a dissolution could not suit with his Aimes had they dissolved orderly the power in the intervall would have been legally in the Councill of State and a necessity could not have been set on foot to call a Convention of I believe honest men but of interests and opinions as various as the colours in Josephs Coate and as unlikely to cement in order to security service or settlement as tissue and broad cloath which constantly fret and weare out one another But the success of that convention was suitable to the designe of their calling for though during their sitting they did nothing of any considerable moment yet at their rise a party of them gave the power into the hands of the Generall who under colour thereof took upon himself the Title of Lord Protector but exercised the power of a Tyrant all his Ordinances imposed on the people being the meer products of his will and formed upon the great plea of necessity by him created Should I ennumerate the manifold advantages that England did receive by his Government I fear this incredulous generation would not believe it or at least would be distasted thereat I shall therefore onely mention some few for publick satisfaction First that honorable and advantageous peace made with Holland Secondly that glorious War made with Spain Enlands fast friend in all the late Troubles by which the Trade of England is more detrimented then by all the Wars we have had since 1638. Thirdly that gallant Expedition to Santa Domingo whither was sent a considerable Army upon two accounts as is believed the one to rid himself of some discontented Officers which he feared would obstruct his second design of Kingship
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