Comparatis Comparandis: THE SECOND PART. OR, A PARALLELL of the former, and later Force, upon the two Houses of Parliament.

Out of thine owne mouth will I judge thee. Luke 19. 22.
Therefore art thou inexcusable, oh Man, whomsoever thou art that judgest: for wherein thou judgest another, thou condemnest thy selfe; for thou that judgest, doest the same things. Rom. 2. 1.
Terrena potestas caput Regem. Hugo de Sanct. Vict. l. 3. de sacr. p. 2. cap. 4.
Regem in temporalibus neminem superiorem recognoscere. Innocent. 3. cap. Novit.
Neque enim pietatem subvertit ista subjectio. Chrysost.

Printed in the Yeere 1647.

Reader:

THis Treatise is spent wholly upon the tumults raised, and the Militia of the Kingdome controverted in this Parli­ament, and that thou maiest the better judge of the following discourse:

First, consider, what that Oracle of the Law hath delive­red concerning such Tumults. By the Ancient Law and Cooke 4. pats inst it. l. 1. of the High Court of Par­liament. Custome of Parliament, a Proclamation ought to be made in Westminster in the beginning of the Parlia­ment; that no man upon paine to lose all that he hath, should during the Parliament in London, Westminster, or the Suburbs, &c. weare any privy coate of Plate, or goe armed during the Parliament, and the reason hereof was that the high Court of Parliament should not thereby be disturbed, nor the Members thereof (which are to attend the arduous and urgent businesse of the Church, and Common­wealth) should be withdrawne.

Secondly, consider what his Majesty hath declared concer­ning The Kings Dec. of July 1. 1642. Husb. Collect of Remon. and Orders. 398. the Militia: The Kingdome of England in its Fun­damentall Policy (as well) for his owne assurance against the danger of forraine Invasions, as the bad use that might be made of great constant Forces (whether Forraine or Native) is defended by it selfe; every man (according to his ability) providing armes, horses, and men, for that purpose; and those horse, and armes so provided, being still their owne proper goods, and remaining in the custo­dy of each man respectively: And these are the trained Bands, or the Militia of the Kingdome: The calling toge­ther of whom, and the training, exercising, and conducting of them, belongs to the King (as the supreame Governour) [Page 4] for maintaining the Lawes of the Land, and preserving his owne just Rights and Prerogatives, and protecting the Sub­ject in matter of property, and liberty, whether against pri­vate injury or common oppression, or invasion, and so for con­serving both the private and publick peace of the Kingdome.

These things premised, I shall stay thee no longer in the Porch, but give thee leave to enter upon the discourse it selfe, at pleasure.

THere was published not long since, a booke intituled, Prima Pars de Comparatis Com­parandis, or a parallell of the Kings go­vernment (as it is set sorth in the Re­monstrance Husb. collect. by order of Parliament Remons. Page 3. of Dec. 15. 1641) with the present Government of the two Houses of Parliament, and in pursuance of that conception, is this Secunda Pars, &c. Wherein I shall proceede to com­pare, and parallell the late force and violence of the Ar­my and City, upon the two Houses, with the former tu­mults and outrages upon the King, and his Parliament, which followed immediately upon, and from that Re­monstrance. The first occasion of the tumults, was this:

A factious and seditious Party in Parliament, comply­ing Husb. p. 521. with the same Party in the City, brought in a Bill, to take away Bishops, roote and branch.

And a seditious and traiterous Party, brought in ano­ther Husb. pa. 530. 543. See Parall. 4. of this boke Bill, to take the Militia by Sea, and Land, from the King, and to settle it in others.

These Bills being rejected in a full, and free Conventi­on of Parliament, they resolved to revive, and promote them by tumults, force, and violence; and to that end, [Page 5] they declared in the Remonstrance premised, that the House of Commons had prepared divers good Bills, for a through reformation, both in Church and State; but they were hindred in the House of Peeres, by the Bi­shops, Husb. p. 18, 19. and Popish Lords, their number and prevalency there. Heereupon the tumultuous people in and about See paralel. 34 London (of their Party and Confederacy) resort to West­minster with swords and clubs, crying no Bishops, no Bi­shops, Husb. p. 41. 42. and 533. no Popish Lords. And they threatned to pull downe the Lodgings where divers of the Bishops lay, and assaulted some in their Coaches, chased others with Boates by water, and layed violent hands on the Bishop See par. 30. of Yorke in his passing to the House; also they misused severall other Members of either House, who they were Husb. p. 533. informed favoured not their desperate and seditious ends; proclaiming the names of severall of the Peeres, as evill and rotten hearted Lords, and assaulting, and evill intrea­ting some of the Members of the House of Commons, Husb. p. 531. See par. 30. even at the doore of that House, resolving either to force Husb. 531. 547. their votes, or to hinder them from voting: And this was done at severall times, and upon severall occasions, when any thing was likely to be carryed against them.

Whereupon the House of Peeres twice very earnestly Husb. p. 531. desired the House of Commons that they would for the dignity of Parliament joyne with them in a Declaration for suppressing such Tumults; but instead thereof spee­ches Husb. p. 532. See par. 37. were made in justification of them. And afterwards when the Lords by the direction of the Judges had given Husb. 532. order to the Justices of the Peace, and other Officers a­bout Westminster, to endeavour the suppressing of Tu­mults, one of the Justices for doing his duty therein was sent to the Tower. Justice Long.

And as that Remonstrance inflamed the people against the Bishops, and severall members of both Houses of Parliament: So did it incense and inrage them also a­gainst the King, and his Government. And those tumul­tuous Rioters utter traiterous speeches against his Maje­stie, Husb. 533. as they passe along the streets to Westminster; and in their returne from thence they make a stand at White hall Gate, and say,

They will have no more Porters Lodges, but would speak with the King when they pleased.

Heereupon his Majesty, sensible of his owne, and the Parliaments great disturbance and danger, by those Tu­mults, Husb. p. 30. sent a Message to the Lord Mayor of London, re­quiring him for the time to come to take speciall care for the preventing the like tumults, as far as in him lay; and when none of these courses could prevaile; but the peo­ple grew more and more outragious and insolent, his Ma­jesty (well knowing who they were that first raised and invited the tumultuous people to Westminster, and see­ing to what end they were raised, by force to compell the Parliament to order, limit, and dispose their votes, and proceedings in such manner as might best conduce to their factious and traiterous designs) exhibiteth Articles of high treason against the Lord Kimbolton, (now Earle Husb. p. 34. of Manchester) and against the five Members, Mr. Pim, Mr. Hampden, Mr. Hollis, Sr. Arthur Haslerigge, and Mr. Stroode.

1. That they have traiterously endeavoured to sub­vert the Fundamentall Lawes, and Government of this Kingdome, and to deprive the King of his Regall Power, See par. 18. and to place in Subjects an Arbitrary and Tyrannicall Power.

2. That they have endeavoured by many false asper­tions upon his Majesty, and upon his Government, to a­lienate the affections of his people, and to make his Maje­sty odious unto them.

3. That they have traiterously endeavoured to subvert the Rights and very beings of Parliaments.

4. That for the compleating of their traiterous de­signes they have endeavoured as far as in them lay, by See par. 30. force and terrour to compell the Parliament to joyne with them in their traiterous designes, and to that end have actually raised, and countenanced tumults against the King and Parliament.

And upon these Articles, his Majesty expected, that ei­ther House would have sequestred its Members, and com­mitted them to safe custody, that they might have beene brought to a legall and speedy tryall.

But the Houses did nothing lesse, and the accused Members remove themselves into the City, and as they not long before maintained the tumultuous Citizens a­gainst the Lords; so those Citizens maintaine the traite­rous Members against the King. And the Commoncoun­sell Husb. 537. of London, now altered by undue practises, place unusuall Watches, and Guards in the City, under the command of Sergiant Major Generall Skippon, (as is pretended) for the safety of the City, and protection of the Members: Nor so only, but (Ian. 11.) the trained Husb. 538. bands of London, and Westminster, guard those accu­sed See par. 32. Members from their residence in the City in an ho­stile and warlicke manner to Westminster, and neere one hundred Lighters, and long Boats were set out by water, laden with Sakers, and Murdering Pieces, and other Am­munition, dressed up with waste cloathes and streamers. [Page 8] as ready to fight: And in this Array, the Marriners by water, and the Souldiers by Land, as they passe at White­hall, asked what was become of the King, where was hee

And now maugre his Majesties accusation of high treason, they take courage againe, and revive the matter of the Bill exhibited, for transferring the Kings Power by Sea and Land, into other hands; and the House of Commons desire the Lords to joyne with them in petiti­oning Husb. 59. his Majesty, that the Militia of the Kingdome may be put into such hands, as both Houses did confide in; but it was twice carried Negatively, by the votes of much the major part of Lords: Hereupon (Ian. 31.) the poore people about London petitioned the House of Commons Husb. 548. against, those Lords, as Malignants and Disturbers of their Peace, & desire to know their names, and threaten to remove them; and Mr. Hollis made a speech to the Lords, See par. 30. 36. 37 enforcing the Petition at a conference; Whereupon di­vers Lords being discontented went away, and the vote in order to the Militia passed, being at least twice before rejected by double their number who consented to it, when there was no Popish Lords present, and 12 Bishops in the Tower. And since that time, they have been able See par. 30. to carry any thing upon the matter, the resolution of the House of Commons have been wholly guided by those persons, who had given so plaine evidence, that they had the Multitude at their command, and hath wholly guided the House of Peeres, who have for the most part submit­ted to whatsoever hath been brought to them.

Thus have I shewed the Rise, progresse, and successe of the tumults, in Decemb. and Ian. 1641: And now I shall compare them with the forcible practises of the City, and the Army upon the two Houses in 1647. And [Page 9] you shall see, how in this case the City chargeth the Ar­my in their Declaration of Iuly 31. And how the Army chargeth the City in their Remonstrance of August 18. And how whilst they accuse one another of those latter, they condemne themselves of the former Tumults.

A Parallell of divers Passages in the Cities Decla­ration of Iuly 31. 1947.

Wee for our parts, shall not presume to deliver any thing of Parallel 1. our sence upon that which hath beene altered, acted, or consen­ted unto by bosh Houses, at the iustance, interposition, or im­portunity of the Army.

You meane, the revocation of the Remonstrance a­gainst the Armies Petition; the continuance of the Ar­my under a setled pay, after their votes for disbanding it; the owning this Army for their owne, notwithstanding their tumultuary proceedings; the putting of the Militia, and all forces of the Kingdome under Sir Thomas Faire­fax his command; after his and the Armies refusall to be commanded by the Houses, or to obey their votes: The removall, and disposall of the Kings Person, as the Ar­my shall direct; the discountenancing, and disperfing of those Officers and Souldiers, who, in obedience to their votes deserted the Army; the Declaration against the introducing of Forraine Forces; the Impeachment, Charge, and dismission of the eleaven Members, and the altering of the Militia of London.

And were not things in like manner altered, acted, or consented unto by both Houses, at the instance, interpo­sition, or importunity, of the City formerly?

Then you tell us particularly.

What violation the Priviledges of the House of Commons suffered, when the eleaven accused Members were inforced Par. 2. by the Army to withdraw themselves; after it was declared upon the Question. That by the Lawes of the Land no judge­ment can be given to suspend those Members, nor any of them from sitting in the House upon the Papers presented from the Army, before particulars produced and proofes made.

And were not the Priviledges of the House of Peeres, and the Lawes of the Land violated in like manner, when the Earle of Strafford, the Arch B shop of Canterbury, and the 12 B shops were suspended from sitting in that House, and committed first to the Black Rod, and after­ward to the Tower, upon a generall charge only, and be­fore particulars produced, and proofes made?

And is it not remarkable, that Mr. Glin, who accused those Bishops, and desired the Lords that they might be Husb. p. 43. forthwith sequestred from Parliament, and put into safe custody, should now be sequestred, and committed upon the like accusation?

It is evident, what great influence the Army hath through­out Pat. 3. had upon the Counsells of the Parliament.

And hath not the City had the like influence through­out, untill of late they were mastered by the power of the Army?

Although this Army be invested with the whole power of Par. 4. the Land Forces of this Kingdome, under pay of the Parlia­ment: And there is nothing left that can probably make any considerable resistance: Yet they demand the change of the Militia of the City of London, after it had beene established [Page 11] by Ordinance of Parliament, and desire it to be put into other hands.

And although his Maiesty offred to grant Commissi­ons to those that they had nominated to be Lords Liev­tenants of the severall Counties, for calling together, Husb. 73. 91. training, exercising, and conducting the Militia, or Trai­ned See. par. 28. Bands of the Kingdome, to resist invasions from a­broad, and to suppresse Rebellions and insurrections at home, and so to defend, and secure the Kingdome, then pretended by them to be in danger; yet the two Houses of Parliament were not content therewith. Nor will the chiefe Authors, and Promoters of the designe now in Husb. 1 [...]2. hand, submit any longer to the Ancient forme of Go­vernment, and administration in this kinde; but (aiming See par. 17. rather to put the two Houses into a posture of inresista­ble power, then the Kingdome into posture of sure de­fence) they require for them in effect the whole power both in the disposition and in the execution of the Militia See the Ord. for setling the Militia. Husb. 88. of the Kingdome.

And (whatsoever they pretended) this their demand of the Militia, was not to oppose any present insurrecti­on, rebellion, or invasion; but to set up their affected and See par. 18. 22. 32. intended Domination. And their alteration of the set­tled order of the Militia was not for the better securing See par. 7. of the Kingdome, but for their better entring upon the Government, first in the Militia, and afterward in other See the 19. Propositions. Husb. 307. Witnesse their protection of Sir Jo. Ho­tham in the businesse of Hull. Husb. 152. 162 particulars by the power, and meanes of the Militia. And so have they to this day executed the Militia according­ly, not to the suppressing of any insurrections, rebellions, or invasions, attempted and made against the King, and the Lawes of the Land, and the established government of the Kingdome, (for which at first it was ordained and [Page 12] instituted.) But to the setling, and establishing of a pre­tended Soveraignty in the two Houses of Parliament, and to the inforcing subjection to them, and obedience to their Votes, and Ordinanecs, and submission to their usurped Dominion; and to the suppressing of all opposi­tion, Witnesse the Hothams, Mr. Carew, eleven Members. See par. 17. whether at home, or from abroad, attempted, and made against them, their designe, their State, and govern­ment. And for these reasons, at first they desired the Militia, and endeavoured from time to time, to pos­sesse themselves of it, and resolved not to give over, till by some meanes or other, they had attained it, and rew modelled it, and the Government, and the Kingdome by See the Pro­positions a­foresayd. it.

And having experience, how formerly the Army have e­ver Par. 5. insisted upon any thing they once demanded, &c.

And have wee not had the like experience of the Ci­ty formerly?

And therefore being thus awakened by the unexpected and Far. 6. undeserved interposition of the Army, in the Militia of the City &c.

As his Majesty was awakened by your interposition in Husb. 61. 94 the Militia of the Kingdome, which is the only safeguard and security of his Person and Crowne.

Wee could not in honour doe lesse, than wee have done to Par. 7. preserve our interest in so great a part of our Government.

Nor could the King in honour doe lesse then he did to preserve his interest in so great a part of his government, as is the Militia of the Kingdome, which indeed is no­thing else but the power of the sword, which God hath put into his hands for the discharge of his Kingly Office, in protecting and governing his people.

But if this vindication of our Right in the Militia of this Par. 8. [Page 13] City, shall be thought by the Army to be a just cause to cast themselves upon extraordinary courses; let God, the King­dome, and the whole world be Iudges betweene them and us.

And let God, the Kingdonme, and the whole world be Judges betweene his Majesty, and your Party, whe­ther the vindication of his Right in the Militia of the Kingdome, were a just cause to cast them upon those ex­traordinary courses that they have taken.

Neither can wee see why the Army should take notice of Par 9. our Petition, and ingagement, it being only intended to the Common Hall, but never presented; even as the Petition of their Souldiery was to their Generall, which being taken notice of by the Parliament, as it was in agitation, was then so deepely resented by the Souldiery.

Neither can wee see why the Parliament did take no­tice Husb. 563. of Captaine Leggs Petition, heretofore prepared and intended only.

Wee declare unto the whole Kingdome the bottome of our hearts and affections, as in relation to his Majesty, whom wee Par. 10. have alwaies, and shall ever acknowledge to be our true and only Soveraigne, although his Royall Person hath been divi­ded from us.

Being driven away first by tumult, and afterward kept away by force of Armes, and so not suffered either to stay with you in sasety, or returne to you with security.

Wee have with much longing attended what the Army Par. 11. would propound concerning his Majesty in particular, accor­ding to the great expectation which they have raised in the people, from that which they have hinted in their Declarati­on, or representation, and other Papers of their intentions to­wards his Majesty. But hitherto the time hath been spent, and nothing done, but to get the whole power of the Kingdome, [Page 14] and City into their hands.

And did not the two Houses at the beginning in their Declarations pretend as much for the King, only to get the power of the Kingdome into their hands?

Wee therefore doe in the presence of Almighty God pro­fesse, that there is nothing in the world that wee more desire Par. 12. then that his Majesty may be put and left free in such hono­rable condition and capacity, as his Person may appeare to be at liberty to receive, and treate, upon such Propositions, as shall be presented unto him. For our consciences tells us, that whilst his Royall Person is invironed by an Army, and re­maines under the power thereof wee cannot expect that either his Majesties Princely heart can give that free assent unto those things which shall be propounded unto him, as is requi­site, or if he doe, wee cannot hope with good reason, that wee and our Posterity shall without alteration enjoy them.

And why is not the King as free to these intents, and purposes, under the power of the Army, as when he was at Newcastle, or Holmby, or would have been, had he been sent to Warwick Castle?

Wee cannot omit also to declare unto the Kingdome, how Par. 13. wee have sadly observed since the eleaven accused Members withdrew themselves, that the Army hath daily grown upon the Parliament.

Just as the City grew upon it, after they had driven a­way the King, and his Party by tumults.

And wee shall particularly insist upon the readmission of the eleaven Members lately driven out of the House of Com­mons, Par. 14. by the violent pursuit of the Army.

And why not for the readmission of the Members of both Houses pursued, and driven away by tumults for­merly?

We should expresse our selves farther to vindicate this Par. 15: City before the Kingdome, from the aspersions that have been cast upon us, to have beene the first promoters and contrivers of this unnaturall Warre.

And did not your money and plate (brought in upon Husb. 339. See par. 26. the Propositions) rayse the first Army, June 10 1642? And did not that Army consist principally of Appren­tices and others, living in, and about the City of Lon­don?

But God is our witnesse, how desirous we have beene at all Par. 16. times and still are of a safe and well grounded peace. Wit­nesse your Petition in August 1643. The story is this:

The House of Peeres resolved on Propositions of See Par. 30. peace to be sent to his Majesty, and they sent them to the House of Commons; where they were carried by 29 voices; heereupon a Petition was framed By Alderman Pennington, and others, and presented to the House of Commons, and the Petitioners censure the Propositions as destructive of Religion, Lawes, and Liberties; and the Petition is attended by a great multitude of meane Persons, who menaced, and reproached the Members of both Houses. And so the Propositions formerly recei­ved, were rejected, and all thoughts of Peace layd aside.

And thus wee have heerein truely stated the matter of Par. 17. difference (if it can be called any) between us and the Army, to wit this alone, that wee could not submit the Militia of the City to be altered at the pleasure of an Army.

And this also was the matter of difference betwixt the King, and the two Houses, to wit, that his Majesty could not submit the Militia of the Kingdome, which is See Par, 4 inherent in the Crowne, to be altred at the pleasure of a Party of Lords, and Commons, abiding at Westminster, [Page 16] after that a Bill in the House of Commons, and severall motions to the Lords for that alteration, had beene reje­cted, when there was a full and free Convention of Par­liament.

A Parallell of divers passages in the Armies Remon­strance, of August 18. 1647.

When the adverse Forces and Garrisons within this Par. 18. Kingdome, were dissipated and reduced, we found immediat­ly the crosse working of a strong and prevalent party in the Parliament and Kingdome, who being men of corrupt and private ends and interests, made use of their power to drive on designes, to set up a party, and faction in the Parliament, and Kingdome, and (by the advantage of a perpetuall Parlia­ment) to domineere over, and inslave the Kingdome to poste­rity.

And did not his Majesty immediatly after the Parlia­ment assembled, finde the crosse working of the same par­ty? And did not he Declare them to bee men of corrupt and private ends, and to make use of their power to drive on designes, to overthrow Monarchy, and to set up their Party, and to domineere over us, and to inslave us to po­sterity? And did not his Majesty impeach them accor­dingly? And did not you of the Independent way joyne with them in their Designes? And are not some of your Party joyned also in the Articles of impeachment? And at this day is there not emulation betweene them and you for Preheminence; and contention for the Rule and Go­vernment?

To which ends, as before this Parliament the ignominious Par. 1 [...]. names of Puritan, and Non conformists, were made use of; so they have vsed the odious name of Brownists, Anabaptists, Independents, &c.

And for compassing of your ends, did not you and they, make use of the odious and ignominious names of Malignants, ill affected, enemies to the State &c. to blast those men who stood for the Laws of the Land, the right of the Crowne, the Legall Liberty of the Subject, and the just Priviledges of Parliament?

In pursuance of their designes, they endevoured and prevailed Par. 20. to put out of all places of power or publique trust, the most sober and conscientious men: and closing with a very power­full party in the City of London, they first endeavoured and prevayled to new modell the Common Councell, and forme it to their owne Party.

And did not you and they, doe the same from the be­ginning? Husb. 537.

By their continuall violent and pressing importunity at the Par. 21. Parliament doores, they wrung from the Parliament an Ordi­nance for altering the Militia of the City, which hath speciall influence upon the City, and Kingdome, & Parliament itselfe.

And did not the like violence and importunity, at first extore the altering the Militia of the Kingdome?

They cause the Militia of London to bee put into the hands Par. 22. of men given up and engaged to the private interest and de­signes of a factious party. They designed, and went about to put the Kingdome to the expence and trouble of raysing and forming a new force, (under pretence) as for the service of Ireland but indeed to serve their owne ends, and purposes a­foresayd, in England.

And did nor you and they so from the beginning? Husb. 537.

Their endevour was not only to put the Army off without Par. 23. the honour and satisfaction due to it, for the service it had done, but to disband it on such tearmes as to subject and ex­pose them and their party unto oppression and undoing.

And I wish that your not disbanding tend onely to your owne preservation, and not to others oppressions and undoing.

Before our disbanding we desired also the setling of the peace Par. 24. of the Kingdome, and the securing the common rights and li­berties therof, which we were called out to defend & vindicate

And are not those common rights and liberties found in Magna Charta, and in the Petition of Right? And doe you defend and vindicate them? And is not Peace the tranquility of Order, Politicall peace the tranquility of Politicall Order, and of Monarchicall in a Monarchy? And doe you endeavour to settle the peace of the King­dome accordingly?

We hold most just equall, and necessary, the positive suspen­sion Par. 25. of those impeached Members, from sitting in the Houses as Iudges in their owne cause, and from their power in Com­mittees, whereby they had advantage to raise war against us.

But you held the contrary in the case of the Members impeached by his Majesty.

And finding the impeached Members continue, in, and a­bout Par. 26. London, very active, and busie, to raise war, and make di­sturbances in the Kingdome: and that the Committee of the Militia there did comply with them therein &c.

And were not the five Members equally active and busie, and was there not the like compliance betweene them and the City, in raysing war against the King, and disturbing the Kingdome?

We made a particular addresse to the Parliament: for Par. 27. [Page 19] the restoring of the City Militia into those hands, in which it was before the Ordinance of the fourth of May last, and for Repealing that Ordinance, by which it had beene changed.

And were not your addresses for restoring the Militia such as the Cities, for altering it? I appeale to your own See Par. 21. consciences, whether you made that proposall, with sub­mission to a free debate, and determination of Parliament, or not rather with a full resolution to have it passed, and granted? And if need were, to Importune and presse, the passing and granting of it? I appeale also to the con­sciences of those that passed it, whether they did not more looke upon the partyes interessed in the businesse, then the businesse it selfe? And whether they did re­peale their former Act for any injustice in the Ordinance or not rather out of affections, or cowardly complyance with the Army, then more prevalent then the City?

For the reasonablenesse of our desires, wherein wee dare Par. 2 [...]. confidently appeale to all men, whether for the present safety and quiet of the City, upon such a change, and to prevent those dangers, or disturbances, to, or in the City, which the want of a Militia during the Intervall (betwixt the ceasing of one, and new forming of another) might give occasion, and advantage unto. And whether at a tyme when jealou­sies and disturbs were both so rife and hurtfull, there could be any proposall more reasonable, or hopeful, to beget a confi­dence, and acquiescence, both in the Parliament, City, and Army, then, &c,

And I dare confidently appeale to all men, whether for the safety and quiet, of the Kingdome at that time, to prevent those dangers, or disturbances, to, or in the Kingdome, which the want of a Militia, during intervall [Page 20] betwixt ceasing of one, and new forming of another, might give occasion, and advantage unto: And at that time, when jealousies and distrusts were rife, betweene the King and the Parliament mutually, and really grea­ter, Husb. 103. on the Kings side, then on the Parliaments, there could be any Proposall more reasonable, or hopefull to See Par. 4. beget a confidence and acquiescence on both sides, then that which his Majestie made, viz. To put the Militia of Husb. 91. 92. 134. 158. the Kingdome into the hands of those, they had recom­mended to him; promising also to continue the same, to such time as there should be cause. Besides, his Majesty would have passed an Act, not to have done any thing, in the execution of the Militia, without the advice of both Houses of Parliament, for a yeare, hoping in that time, their Businesse might be done, for which at first, they seemed to desire it, which was, that they might securely Husb. 54. 64. consider of his Majesties Message, of Jan. 20.

They did contrive and set on foote, in the City, and many Par. 23. of them entered into a mischievous, and desperate Vow and Engagement, tending to the subversion of the freedome of Parliament, and liberties of this Nation.

And have not you, and they, managed all your Vows, Protestations, and Covenants, accordingly? For all those See par. 38. tyes and obligations, have not you invaded our freedome and libertyes, whensoever they stood in your way, and were opposite too, or hinderances of your Designes? And when at any time, you undertooke the vindication of them, was it not done meerely for your better advan­tage, and in order to your Designes onely?

On Munday, July 26. A Petition was brought to the Par­liament Par. 30. by the Sheriffs &c. for the returning of the Militia into those hands, in which it was put by the Ordinance of [Page 21] the fourth of May which Petition was imediately followed and backed with a tumultuous confidence of Apprentices, and other dissolute and desperate persons, who committed most horrid and unheard of violence upon both Houses &c. Nei­ther did the Guard from the City, that then attended the Houses, nor the Lord Mayor, Sheriffs, nor any Authority in the City, take any course to suppresse the said Tumult, &c. And Iuly 30. there were printed Tickets fixed upon posts, in and about the City; inciting the same persons to the like con­fluence at Westminster, against the Houses next sitting. By which meanes, the Speakers of both Houses, together with most of the Lords, and a very great number of the Members of the House of Commons, were driven away, so as they could not with safety attend their service in Parliament, nor with freedome discharge their Trust, to the Kingdome therein.

And were not Petitions attended and backt in like manner, and were there not the like violencies and con­fluences formerly? And was there not as little care ta­ken by the City for suppressing them? And were there not Tickets fixed upon posts, inviting the Multitude, to See par. 16. accompany the aforesaid Petition, in August 1643? at the delivery whereof, were not diverse Members of both Houses assaulted, viz. The Earles of Northumberland, Holland, &c. And thereupon did not the Earles of Bed­ford, and Holland, goe away to Oxford, and Northum­berland to Petworth? And did not diverse other Mem­bers of both Houses withdraw themselves, because they could not with safety attend their service in Parliament, nor with freedome discharge their trust to the Kingdome therein?

Notwithstanding, divers Members of both Houses, to Par. 31. carry on their Designes, when very few were left, but of [Page 22] their owne Party, did continue to meet, in the usuall places at Westminster, and tooke upon them the name of both Houses of Parliament, and did proceede to Vote and Act as a Par­liament.

But have we not just such a Parliament, ever since the Tumults, 1541?

And first the said Members of the House of Commons, Par. 32. called in as to the service of the House, the eleaven impeach­ed Members: and with this pretended House of Commons, and foure or five Lords of the same Modell, for an House of Peeres, they proceeded to set up a Committee for safety, whereof all, or most of the impeached Members, were a part; and they appoynt themselves to joyne with the Committee of the City Militia, and they gave them large powers for rais­ing of Forces, appoynting cheife Commanders, and other Of­ficers; and raising a new Warre in this Kingdome, in justifi­cation, prosecution, and maintenance of their Treasonable Ingagement, and of the forces and violence done to the Par­liament: and to oppose and hinder the Restitution of the Hou­ses of Parliament to their honor and freedome (though the pretences were for the defence of the King, Parliament, and See par. 37. City, then alleadged to bee in danger, when indeed, none were in danger, but onely the authors, actors, and abettors, of the trayterous practices aforesaid.) And this farther ap­peared hereby. That those very Apprentices, Reformadoes, and others about the City, who were the chiefe actors in the said Engagement, and Tumult, were afterwards, most trusted, and imployed, and most active in their preparations for Warre.

And were not yours and their proceedings, in every circumstance, the same formerly? After you had enga­ged your selves in the two treasonable Bills, to take away [Page 23] from the King, the government of the Church, by Arch­bishops, Bishops, &c. and to take out of his hand the Mi­litia of the Kingdome, Did not you in the first place en­deavour to new modell both Houses of Parliament? And did you not rayse tumults to that purpose? And did you not rayse a war afterwards, in justification, prosecution, and maintenance of your Treasonable engagements, and of the force and violence done to the Parliament, and to oppose and hinder the restitution of the Houses of Parli­ament, to their honour and freedome, and of his Majestie to his just Rights, Power, and Government, (though at that time you pretended the defence of the King, Parlia­ment, and City, then alleadged to bee in danger, when indeed none were in danger, but only the authors actors, and abettors of the traiterous practises aforesayd) and those very men, in, and about the City, who were the chiefe actors in those engagements, and tumults, were they not afterwards most trusted, and imployed, and most active in the first preparations for war?

The true ends of all their proceedings were the same with Par. 33. the said Treasonable engagement and tumult against the Par­liament: all of them conce [...]ring (as in other things) so espe­cially in this (viz.) to have the King brought up to London, without delay, or any neerer approach of the Army.

As all their and your proceedings formerly concentred in this. To drive him away from London, that so you might enter upon the government: and as at present, your proceedings concenter in this, to keepe him from Lon­don, and from his government. But I see no reason why (if you please) his Majesty may not forthwith returne to London, for ought you remonstrate. For I suppose, you insist not on the Resolutious of both Houses, and both Kingdomes in [Page 24] that case, since they also Resolved that his Majesty should abide at Holmby, but you seazed his sacred person, and brought him thence. They resolved also, that his Majesty should remove to Richmond, but you would not suffer him to goe thither. And whereas you proposed, That the King might not come neerer, then the Quarters of the Army, to the City. You have now the City under your power, and may Quarter in it at pleasure. Besides there is no doubt, upon the termes you propose, but that the King will come to the Parliament, as you desire, not so much in place, as in affection and agreement. Vpon such termes as may render both him and the Kingdome safe, quiet, and happy. And tis not likely, that his comming upon these termes can produce greater disturbances and distractions, but peace indeed, if you keepe to your Remonstrance, and bottome your peace on grounds of common and publique welfare and security, and not shape and mould it, only to the private advantage of a particular party, or faction.

And heerein be sure to avoyd what you charged upon the Presbyterians, That they would make such a Peace with the King (if any) as would only serve to set up and stablish their owne greatnesse, and the affected dominati­on of themselves and their party over all others.

But to returne to our purpose:

By what hath beene declared and published from us, and from the speakers, and aforesayd Members of both Houses it may appeare how maliciously, treacherously and unworthily, we have beene dealt withall by those our enemies, and by a fa­ctious and powerfull party (especially) in the Parliament and City combining with them.

And to what hath been published by his authority, and by the Lords and Commons at Oxford (in their Dicla­ration [Page 25] of the 9 Mart. 1643. setting foorth the reasons of their going away from Westminster) it may appeare, how they were dealt withall, by both parties in the Parli­ament and City combining together.

The Houses being thus restored to a condition of present Par. 35. safety, honour, and freedome, It is absolutely necessary that there be speedy and exemplary justice done upon (at least) the chiefe authors & abettors of the said treasonable engagement, and of the said force done to the Parliament, and upon the chiefe actors, in maintenance and prosecution thereof.

Or rather upon the chiefe authors, abettors, and main­tayners of the former ingagements, force and violence, which till done, the Houses cannot be restored to their native and primitive safety, honour, and freedome.

The Right Honourable the House of Peeres, have since their Par. 36. Restitution, begun and proceeded to declare null and void all that was done in the name of both Houses, while they lay un­der the power of the tumultuous violence.

And consequently, they declare null and voyd all that hath beene done in the name of both Houses, from Dec. 1641. to this present day, since the Parl. as it was first con­vened, hath all this time layen under the power of vio­lence, tumultuous or military.

Yet the House of Commons hath not onely not concurred Par. 37. with the Lord, in any of those things, but rather seeme to have cast them aside: and the Members of that House, who after the violence done, and in the absence of the Speakers, and o­thers proceeding in the name of that House made the pretend­ed Votes Orders, and Ordinances aforesaid, and were the chief actors thereupon, for levying of war, in prosecution & main­tenance of the engagements and tumults, being conscious of their owne guilt and danger thereby, and presuming on their [Page 26] interest in the House, indevor to obstruct and avoid the bring­ing of any to justice, who have acted under their pretended au­thority, knowing it to be their owne case and concernment, in See par. 32. point of impunity, aswell as conducing to their faction and in­terest: for that cause they labour (as for life) to uphold the things past and done, and the authorities given by them and their faction (in their and the Apprentices Parliament,) yea and those very Votes wrested by force Iuly 26. And they are strengthened by the concurrence of divers other Members al­so, who having perhaps with harmlesse intentions) continued to sit with them, may yet feare themselves to bee involved in the same case and danger, by having sate with them: And thus by the concurrence of both these parties, we find an abso­lute obstruction to the bringing to justice or questioning of any who have acted as aforesayd, but all seeme to be either justifi­ed, or at least protected from justice, by the power and preva­lence of those Members in Parliament who are many of them as we can make appeare) equally guilty of, and others) in some kind obnoxious for the same things.

And in point of the tumults, did not the same House in like maner refuse the Motions, and oppose the Order of the House of Peeres for repressing them? and did not the guilty Members by their interest in the House, obstruct the questioning of those that had acted in those Tumults, knowing it to be their own case & concernment, in point of impunity, aswell as conducing to their faction and in­terest? and did not both your parties labour (as for life) to uphold what was past and done in those tumults? yea and that very Vote in the Lords House concerning the Militia Jan. 31. when that insolent and minatory Petition of the poore people, in and about London, was after a more in­solent and minatory maner by M. Hollis inforced upon that House?

I should now or hereafter (while the Parliament sits) draw Par. 38. off the Army from about the City, without exemplary justice upon some, would not the same, or more dangerous tumults and violence probably returne upon the Parliament, especially. when they shall have before their eyes, the incouragement of that impunity and protection which they have hitherto found from within the Parliament it selfe, in the past practises a­fore mentioned.

And is exemplary Justice to be now first done in this Husb. 531. 537. 561. kinde? did not his Majesty require it of you, and them, againe and againe, many yeares since? And probably, may not the late force and violence fall upon the Parlia­ment, for want of exemplary Justice formerly, and by reason of that incouragement of impunity and protecti­on, which they evermore found within the Parliament it selfe? And I wish you had beene as carefull in preser­ving the freedome of Parliament heretofore, as you seeme to be at present; or that you had not beene as in­dustrous in violating it then, as you seeme to be studious in preserving it now: But that was done for the promo­ting, and this for the advancing of your cause, and party, See par. 29. and so this be done, whether with, or without the free­dome of Parliament, whether by the preservation, or vi­olation of it, it matters not.

But what hopes of justice, or a timely dispatch, can wee Par. 39. have, whilest such a prevailing party of men interessed, and concerned in the same things, shall in the House of Commons continue to be judges thereof, or at least be ready to avow, and justifie the offendors therein.

And for the same reason was not the King without hope of justice, against those that were the authors and a­bettors of the former tumultuous practices and proceed­ings?

We appeale to all men, whether it be just or tollerable, that Par. 40. any priviledge of Parliament should (centrary to the Law of Nature) make any man judge in his owne cause and concern­ment.

And yet have not you and they, meerely by the privi­ledge of Parliament, contrary to the Law of Nature, made your selves Judges in all Causes from the begin­ning, betweene the King, the two Houses of Parliament, and your selves?

And we doe protest and declare that if any of those Mem­bers, Par. 41. who during the absence of the Speakers, and the rest of the Members of both Houses (forced away by the tumultuous violence aforesaid) did sit in the pretended Houses, then continuing at Westminster, and Vote for the raising a new Warre, or for the Kings comming forthwith to London shall hereafter intrude themselves to fit in Parliamenc, we cannot any longer suffer the same.

And O that you had the like resentment, of the former force and violence, done upon the Members of both Houses of Parliament: And that you had the like indig­nation and resolution against those that drove them away from Westminster, and afterwards continued to sit and Vote there, for raysing an Army, and imbroyling the Kingdome in a most unnaturall and bloody Warre: And observe, whilest you bring to condigne punishment, the chiefe Authors and Abettors of the late Tumults, how divine Justice punisheth the authors and abettors of the first Tumults, (viz.) M. Hollis, M. Glyn, M. Long, &c. And you who have followed the conduct of Divine pro­vidence, in some of your undertakings, and from thence onely seeme to warrant them, why will you not follow that Divine conduct in this also? Which as it is in it selfe [Page 29] warrantable, so it cannot but be commendable in you, as tending meerely to the execution of Justice, and not to the advancing and promoting of a Party and Faction; nor is the hand of God seene more in punishing of these Offenders, then it is in the composing of your Remon­strance, which doth set forth the first Tumults, to the life, in every circumstance, and so you have a second cal from God himselfe, as you prosecure the late Tumults; so to undertake the prosecution of the former, so lively repre­sented, by your selves, to your selves, and to the whole World.

But we shall do that right to the Speakers and Members of Pat. 42. both Houses, who were driven away to us, and to our selves with them, as to take some speedy and effectuall course, whereby to restraine them from being their owne, and our Iudges in those things, wherein they have made themselves Partyes, and so to make way, that both they, and others that are guilty of, and Partyes to the aforesaid Treasonable and destructive practices, and proceedings, against the freedome of Parliament, and peace of the Kingdome, may bee brought to condigne punishment, and that at the judgement of a free Parliament.

And O that you would make way that those who were guilty of, and Parties to, the first Treasonable and de­structive practices and proceedings, against the freedome of Parliament, and peace of the Kingdome, may bee brought to condigne punishment, by the due course of Law, which is the onely true, and proper Judge in this Case; And which your selves also intimate, in the fore­going Parallell next but one. And whereas you speake of the judgement of a Free Parliament, for my part, I think we have not had a Free Parliament, for almost these six [Page 30] yeares last past, nor have at this day, not onely in regard of the aforesaid Practices and Proceedings, but also in regard of your Military, and Minatory Protestation and Declaration in the preceding Paralell.

And in my observation, within these seaven years last past, we have had four Parliaments (such as they are.)

1. The Kings Parliament, assembled by his Majestyes Writ, Nov. 3. 1640. and enjoying freedome of Vote till Dec. 1641.

2. The Cityes Parliament, made by their tumults, and governed by their Propositions and Petitions, from Dec. 1641. to Dec. 1643.

3. The Scots Parliament, made and governed, by their League and Covenant, from Dec. 1643. to June 1647. all which time, the Presbyterians had the predominancy; And of this constitution also was that which you call the Apprentices Parliament.

4. Sir Thomas Fairfax Parliament, (lastly,) made and governed by his Army, their Addresses, Declarations, & Proposals; wherein the Independents predominate; and which may be called the Agitators Parliament.

Now of all these, the first onely, was a Legall Parlia­ment, and all the others were Factious Assemblies onely, conspiring against the Government of the Church, and State; and in this conspiracy, the Presbyterians and the Independents, joyned together, till they had overthrown the King and his Party: which done, they fell in pieces; and first, the Presbyterians strived to Out the Indepen­dents, and to advance their faction in Parliament: And now the Independents take their turne, and labour to Out the Presbyterians, and to advance their Faction in Parlia­ment; and each goes the very same way to Out the o­ther, [Page 31] as both at first did, to out the third party; and hence are their latter, so suitable to their former proceedings: if yet, their latter forcible practises may be called violati­ons of the freedome of Parliament, or not rather mutuall counterworkings of the two factions to undermine and ruine one another.

But whether they agree or differ amongst themselves, they still pursue their common cause against the King and Church, and prosecute those Members that opposed them from the be­ginning, and oppresse them dayly more and more, and so the Legall Parliament lies under the power of a continued force and violence to this day.

And that not only in respect of those Members of Parliament, but also in respect of the King the Head of the Parliament, whom they drove away by Tumults, together with those Members; and afterwards sent him those Bills to Passe, touching the Bishops and the Militia, together with other Propositions which they had passed in their pretended Houses of Parliament: and took up Armes afterwards to inforce him to submit to their Propo­sitions, and to signe their Bills: and (being resolved on their Designe) would not accommodate upon any other termes with his Majesty, but continue and pursue their war, untill they had overthrowne the King, and his Party. Which done, his Majesty was first at Newcastle under Custody of the Scots Army, then removed to Holmby, and there guarded by a par­ty, and now at last under the power of Sir Thomas Fairfax his Army, and pursued and pressed continually, with the same Bills and Propositions as formerly. Which if his Majesty shal Iames. 4. 1, 2, 3. finally refuse (as in Honour and conscience grant them hee cannot) then (which God avert) they are likely to make fur­ther use of their power and force upon his Majesty, and so make up the measure of their iniquity. Which done, they wil turne their force upon the people, and set up their Governe­ment over them, and (having now got the whole strength of the Kingdome) compell them to submit to it, and to pay such Taxes as they shall impose, and undergo such Services, as they [Page 32] shall enjoine, and doe whatsoever they shall please to com­mand, for the setling and establishing their Government, and so make up the measure of their tyrany. And an evidence of their intentions, and resolutions in this kind, wee have in their late proceedings with the Lord Mayor, the Aldermen, and Citizens of London, and that breach made upon the City, what doth it else but portend an inundation of slavery upon the whole Kingdome?

Thus their whole action hath beene forcible, and violent, tumultuary, and military, and destructive of Monarchy, and of the freedome of Parliaments, and of the Liberty of the English Nation: and Monarchy and Liberty are determining toge­ther, and Poliarchy and Slavery coming in together. Let our strength be the Law of justice. 2. Wis. 11. Read the Chap.

But the people hoped when Cornet Ioyce and his Company first obtayned his Majesty, and expected that those Champi­ons of Liberty, and of the freedome of Parliament, would forthwith have brought his Majesty to his two Houses of Parlia­ment, with freedome, honour, and safety, according as they intima­ted See Par. 11. in their Declarations, Representations, Remonstrances, and other Papers.

So spake ye, and so do, as they that shall be judged by the Law of Liberty.
Ia. 2. 12

And because feares and jealousies are rife, by reason of your innate and avowed Principles, and extraordinary Military preparations, Let me propose (for the satisfaction and security of the People, both in point of Regality and Liberty) that in the meane time, till peace bee setled, the severall Countyes and Corporations in the Kingdome, may elect and nominate the Commissioners for their respective Militia's: And that such their choice and nomination, may be free and absolute, with­out the interposition of the Parliament or Army, or any mem­ber of either, because they are the parties against whom the security is demanded: And heerby they shall be assured of your good intentions to the publike, and of your loyalty and fideli­ty to the King and Kingdome, and of peace indeed by the Treaty.

FINIS.

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