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 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 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 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. 1â—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 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. 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 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
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 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 conceâ—â—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 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 t is 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 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 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
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 Common-wealth 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 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 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
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 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. 1â— 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. 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. 2â— 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 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 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 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
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 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 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