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
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