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
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