Comparatis Comparandis: THE SECOND PART. OR, A PARALLEL of the former, and later Force, upon the two Houses of Parliament. Out of thine own 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 thyself; for thou that judgest, dost 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 Year 1647. Reader: THis Treatise is spent wholly upon the tumults raised, and the Militia of the Kingdom controverted in this Parliament, and that thou mayest 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 Cook 4. pats inst it. l. 1. of the High Court of Parliament. Custom of Parliament, a Proclamation ought to be made in Westminster in the beginning of the Parliament; that no man upon pain to lose all that he hath, should during the Parliament in London, Westminster, or the Suburbs, etc. wear any privy coat of Plate, or go 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nor the Members thereof (which are to attend the arduous and urgent business of the Church, and Commonwealth) should be withdrawn. 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 Kingdom of England in its Fundamental Policy (as well) for his own assurance against the danger of foreign Invasions, as the bad use that might be made of great constant Forces (whether Foreign or Native) is defended by itself; every man (according to his ability) providing arms, horses, and men, for that purpose; and those horse, and arms so provided, being still their own proper goods, and remaining in the custody of each man respectively: And these are the trained Bands, or the Militia of the Kingdom: The calling together of whom, and the training, exercising, and conducting of them, belongs to the King (as the supreme Governor) for maintaining the Laws of the Land, and preserving his own 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 public peace of the Kingdom. These things premised, I shall stay thee no longer in the Porch, but give thee leave to enter upon the discourse itself, at pleasure. THere was published not long since, a book entitled, Prima Pars de Comparatis Comparandis, or a parallel of the King's government (as it is set forth 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, etc. Wherein I shall proceed to compare, and parallel 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, root and branch. And a seditious and traitorous Party, brought in another Husb. pa. 530. 543. See Parall. 4. of this book 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 hindered in the House of Peers, by the Bishops, Husb. p. 18, 19 and Popish Lords, their number and prevalency there. Hereupon the tumultuous people in and about See parallel. 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 threatened to pull down the Lodgings where divers of the Bishops lay, and assaulted some in their Coaches, chased others with Boats by water, and laid violent hands on the Bishop See par. 30. of York in his passing to the House; also they misused several other Members of either House, who they were Husb. p. 533. informed favoured not their desperate and seditious ends; proclaiming the names of several of the Peers, as evil and rotten hearted Lords, and assaulting, and evil entreating some of the Members of the House of Commons, Husb. p. 531. See par. 30. even at the door of that House, resolving either to force Husb. 531. 547. their votes, or to hinder them from voting: And this was done at several times, and upon several occasions, when any thing was likely to be carried against them. Whereupon the House of Peers twice very earnestly Husb. p. 531. desired the House of Commons that they would for the dignity of Parliament join 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 several members of both Houses of Parliament: So did it incense and enrage them also against the King, and his Government. And those tumultuous Rioters utter traitorous speeches against his Majesty, Husb. 533. as they pass along the streets to Westminster; and in their return 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. Hereupon his Majesty, sensible of his own, 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 special care for the preventing the like tumults, as far as in him lay; and when none of these courses could prevail; but the people grew more and more outrageous 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 compel the Parliament to order, limit, and dispose their votes, and proceed in such manner as might best conduce to their factious and traitorous designs) exhibiteth Articles of high treason against the Lord Kimbolton, (now Earl 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 traitorously endeavoured to subvert the Fundamental Laws, and Government of this Kingdom, and to deprive the King of his Regal Power, See par. 18. and to place in Subjects an Arbitrary and Tyrannical Power. 2. That they have endeavoured by many false aspersions 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 traitorously endeavoured to subvert the Rights and very beings of Parliaments. 4. That for the completing of their traitorous designs they have endeavoured as far as in them lay, by See par. 30. force and terror to compel the Parliament to join with them in their traitorous designs, 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 sequestered its Members, and committed them to safe custody, that they might have been brought to a legal and speedy trial. But the Houses did nothing less, 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 maintain the traitorous Members against the King. And the Commoncounsell Husb. 537. of London, now altered by undue practices, place unusual Watches, and Guards in the City, under the command of Sergeant Major General Skippon, (as is pretended) for the safety of the City, and protection of the Members: Nor so only, but (jan. 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 warlike manner to Westminster, and near one hundred Lighters, and long Boats were set out by water, laden with Sakers, and Murdering Pieces, and other Ammunition, dressed up with waste and streamers. as ready to fight: And in this Array, the Mariners by water, and the Soldiers by Land, as they pass at Whitehall, asked what was become of the King, where was he And now maugre his Majesty's accusation of high treason, they take courage again, and revive the matter of the Bill exhibited, for transferring the King's Power by Sea and Land, into other hands; and the House of Commons desire the Lords to join with them in petitioning Husb. 59 his Majesty, that the Militia of the Kingdom 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 (jan. 31.) the poor 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 plain evidence, that they had the Multitude at their command, and hath wholly guided the House of Peers, who have for the most part submitted to whatsoever hath been brought to them. Thus have I shown the Rise, progress, and success of the tumults, in Decemb. and jan. 1641: And now I shall compare them with the forcible practices 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 july 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 condemn themselves of the former Tumults. A Parallel of divers Passages in the City's Declaration of july 31. 1947. We for our parts, shall not presume to deliver any thing of Parallel 1. our sense upon that which hath been altered, acted, or consented unto by bosh Houses, at the iustance, interposition, or importunity of the Army. You mean, the revocation of the Remonstrance against the Armies Petition; the continuance of the Army under a settled pay, after their votes for disbanding it; the owning this Army for their own, notwithstanding their tumultuary proceed; the putting of the Militia, and all forces of the Kingdom under Sir Thomas Fairefax his command; after his and the Army's refusal to be commanded by the Houses, or to obey their votes: The removal, and disposal of the King's Person, as the Army shall direct; the discountenancing, and disperfing of those Officers and Soldiers, who, in obedience to their votes deserted the Army; the Declaration against the introducing of Foreign Forces; the Impeachment, Charge, and dismission of the eleven 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 Privileges of the House of Commons suffered, when the eleven accused Members were enforced Par. 2. by the Army to withdraw themselves; after it was declared upon the Question. That by the Laws 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 proofs made. And were not the Privileges of the House of Peers, and the Laws of the Land violated in like manner, when the Earl 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 general charge only, and before particulars produced, and proofs 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 sequestered from Parliament, and put into safe custody, should now be sequestered, and committed upon the like accusation? It is evident, what great influence the Army hath throughout Pat. 3. had upon the Counsels of the Parliament. And hath not the City had the like influence throughout, until 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 Kingdom, 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 been established by Ordinance of Parliament, and desire it to be put into other hands. And although his Majesty offered to grant Commissions to those that they had nominated to be Lords Lieutenants of the several Counties, for calling together, Husb. 73. 91. training, exercising, and conducting the Militia, or Trained See. par. 28. Bands of the Kingdom, to resist invasions from abroad, and to suppress Rebellions and insurrections at home, and so to defend, and secure the Kingdom, than pretended by them to be in danger; yet the two Houses of Parliament were not content therewith. Nor will the chief Authors, and Promoters of the design now in Husb. 1●2. hand, submit any longer to the Ancient form of Government, and administration in this kind; but (aiming See par. 17. rather to put the two Houses into a posture of inresistable power, than the Kingdom 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 settling the Militia. Husb. 88 of the Kingdom. 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 Kingdom, but for their better entering upon the Government, first in the Militia, and afterward in other See the 19 Propositions. Husb. 307. Witness their protection of Sir Jo. Hotham in the business of Hull. Husb. 152. 162 particulars by the power, and means 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 Laws of the Land, and the established government of the Kingdom, (for which at first it was ordained and instituted.) But to the settling, and establishing of a pretended Sovereignty in the two Houses of Parliament, and to the enforcing subjection to them, and obedience to their Votes, and Ordinanecs, and submission to their usurped Dominion; and to the suppressing of all opposition, Witness the hotham's, Mr. Carew, eleven Members. See par. 17. whether at home, or from abroad, attempted, and made against them, their design, their State, and government. And for these reasons, at first they desired the Militia, and endeavoured from time to time, to possess themselves of it, and resolved not to give over, till by some means or other, they had attained it, and rue modelled it, and the Government, and the Kingdom by See the Propositions aforesaid. it. And having experience, how formerly the Army have ever Par. 5. insisted upon any thing they once demanded, etc. And have we 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 etc. As his Majesty was awakened by your interposition in Husb. 61. 94 the Militia of the Kingdom, which is the only safeguard and security of his Person and Crown. We could not in honour do less, than we have done to Par. 7. preserve our interest in so great a part of our Government. Nor could the King in honour do less than he did to preserve his interest in so great a part of his government, as is the Militia of the Kingdom, 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 Kingdom, and the whole world be judges between them and us. And let God, the Kingdonme, and the whole world be Judges between his Majesty, and your Party, whether the vindication of his Right in the Militia of the Kingdom, were a just cause to cast them upon those extraordinary courses that they have taken. Neither can we see why the Army should take notice of Par 9 our Petition, and engagement, it being only intended to the Common Hall, but never presented; even as the Petition of their Soldiery was to their General, which being taken notice of by the Parliament, as it was in agitation, was then so deeply resented by the Soldiery. Neither can we see why the Parliament did take notice Husb. 563. of Captain Legs Petition, heretofore prepared and intended only. We declare unto the whole Kingdom the bottom of our hearts and affections, as in relation to his Majesty, whom we Par. 10. have always, and shall ever acknowledge to be our true and only Sovereign, although his Royal Person hath been divided from us. Being driven away first by tumult, and afterward kept away by force of Arms, and so not suffered either to stay with you in sasety, or return to you with security. We 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 Kingdom, 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 Kingdom into their hands? We therefore do in the presence of Almighty God profess, that there is nothing in the world that we more desire Par. 12. then that his Majesty may be put and left free in such honourable condition and capacity, as his Person may appear to be at liberty to receive, and treat, upon such Propositions, as shall be presented unto him. For our consciences tells us, that whilst his Royal Person is environed by an Army, and remains under the power thereof we cannot expect that either his Majesty's Princely heart can give that free assent unto those things which shall be propounded unto him, as is requisite, or if he do, we cannot hope with good reason, that we 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? We cannot omit also to declare unto the Kingdom, how Par. 13. we have sadly observed since the eleven 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 we shall particularly insist upon the readmission of the eleven 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 express ourselves farther to vindicate this Par. 15: City before the Kingdom, from the aspersions that have been cast upon us, to have been the first promoters and contrivers of this unnatural War. And did not your money and plate (brought in upon Husb. 339. See par. 26. the Propositions) raise 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 witness, how desirous we have been at all Par. 16. times and still are of a safe and well grounded peace. Witness your Petition in August 1643. The story is this: The House of Peers 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; hereupon 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, Laws, and Liberties; and the Petition is attended by a great multitude of mean Persons, who menaced, and reproached the Members of both Houses. And so the Propositions formerly received, were rejected, and all thoughts of Peace laid aside. And thus we have herein truly stated the matter of Par. 17. difference (if it can be called any) between us and the Army, to wit this alone, that we 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 Kingdom, which is See Par, 4 inherent in the Crown, to be altered at the pleasure of a Party of Lords, and Commons, abiding at Westminster, after that a Bill in the House of Commons, and several motions to the Lords for that alteration, had been rejected, when there was a full and free Convention of Parliament. A Parallel of divers passages in the Army's Remonstrance, of August 18. 1647. When the adverse Forces and Garrisons within this Par. 18. Kingdom, were dissipated and reduced, we found immediately the cross working of a strong and prevalent party in the Parliament and Kingdom, who being men of corrupt and private ends and interests, made use of their power to drive on designs, to set up a party, and faction in the Parliament, and Kingdom, and (by the advantage of a perpetual Parliament) to domineer over, and enslave the Kingdom to posterity. And did not his Majesty immediately after the Parliament assembled, find the cross working of the same party? And did not he Declare them to be men of corrupt and private ends, and to make use of their power to drive on designs, to overthrow Monarchy, and to set up their Party, and to domineer over us, and to enslave us to posterity? And did not his Majesty impeach them accordingly? And did not you of the Independent way join with them in their Designs? And are not some of your Party joined also in the Articles of impeachment? And at this day is there not emulation between them and you for Pre-eminence; 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 used the odious name of Brownists, Anabaptists, Independents, etc. 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 etc. to blast those men who stood for the Laws of the Land, the right of the Crown, the Legal Liberty of the Subject, and the just Privileges of Parliament? In pursuance of their designs, they endeavoured and prevailed Par. 20. to put out of all places of power or public trust, the most sober and conscientious men: and closing with a very powerful party in the City of London, they first endeavoured and prevailed to new model the Common Council, and form it to their own Party. And did not you and they, do the same from the beginning? Husb. 537. By their continual violent and pressing importunity at the Par. 21. Parliament doors, they wrung from the Parliament an Ordinance for altering the Militia of the City, which hath special influence upon the City, and Kingdom, & Parliament itself. And did not the like violence and importunity, at first extore the altering the Militia of the Kingdom? They cause the Militia of London to be put into the hands Par. 22. of men given up and engaged to the private interest and designs of a factious party. They designed, and went about to put the Kingdom to the expense and trouble of raising and forming a new force, (under pretence) as for the service of Ireland but indeed to serve their own ends, and purposes aforesaid, in England. And did nor you and they so from the beginning? Husb. 537. Their endeavour 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 terms as to subject and expose them and their party unto oppression and undoing. And I wish that your not disbanding tend only to your own preservation, and not to others oppressions and undoing. Before our disbanding we desired also the settling of the peace Par. 24. of the Kingdom, and the securing the common rights and liberties thereof, 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 do you defend and vindicate them? And is not Peace the tranquillity of Order, Political peace the tranquillity of Political Order, and of Monarchical in a Monarchy? And do you endeavour to settle the peace of the Kingdom accordingly? We hold most just equal, and necessary, the positive suspension Par. 25. of those impeached Members, from sitting in the Houses as judges in their own 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 busy, to raise war, and make disturbances in the Kingdom: and that the Committee of the Militia there did comply with them therein etc. And were not the five Members equally active and busy, and was there not the like compliance between them and the City, in raising war against the King, and disturbing the Kingdom? We made a particular address 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 been changed. And were not your addresses for restoring the Militia such as the Cities, for altering it? I appeal to your own See Par. 21. consciences, whether you made that proposal, 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 press, the passing and granting of it? I appeal also to the consciences of those that passed it, whether they did not more look upon the parties interessed in the business, than the business itself? And whether they did repeal their former Act for any injustice in the Ordinance or not rather out of affections, or cowardly compliance with the Army, then more prevalent than the City? For the reasonableness of our desires, wherein we dare Par. 2●. confidently appeal 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 Interval (betwixt the ceasing of one, and new forming of another) might give occasion, and advantage unto. And whether at a time when jealousies and disturbs were both so rife and hurtful, there could be any proposal more reasonable, or hopeful, to beget a confidence, and acquiescence, both in the Parliament, City, and Army, then, &c, And I dare confidently appeal to all men, whether for the safety and quiet, of the Kingdom at that time, to prevent those dangers, or disturbances, to, or in the Kingdom, which the want of a Militia, during interval 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, between the King and the Parliament mutually, and really greater, Husb. 103. on the King's side, then on the Parliaments, there could be any Proposal more reasonable, or hopeful to See Par. 4. beget a confidence and acquiescence on both sides, then that which his Majesty made, viz. To put the Militia of Husb. 91. 92. 134. 158. the Kingdom 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 year, hoping in that time, their Business might be done, for which at first, they seemed to desire it, which was, that they might securely Husb. 54. 64. consider of his Majesty's Message, of Jan. 20. They did contrive and set on foot, in the City, and many Par. 23. of them entered into a mischievous, and desperate Vow and Engagement, tending to the subversion of the freedom 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. ties and obligations, have not you invaded our freedom and libertyes, whensoever they stood in your way, and were opposite too, or hindrances of your Designs? And when at any time, you undertook the vindication of them, was it not done merely for your better advantage, and in order to your Designs only? On Monday, July 26. A Petition was brought to the Parliament Par. 30. by the Sheriffs etc. 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 immediately 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 etc. 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 suppress the said Tumult, etc. And july 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 means, 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 freedom discharge their Trust, to the Kingdom therein. And were not Petitions attended and backed in like manner, and were there not the like violences 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 divers Members of both Houses assaulted, viz. The Earls of Northumberland, Holland, etc. And thereupon did not the Earls of Bedford, and Holland, go away to Oxford, and Northumberland to Petworth? And did not divers other Members of both Houses withdraw themselves, because they could not with safety attend their service in Parliament, nor with freedom discharge their trust to the Kingdom therein? Notwithstanding, divers Members of both Houses, to Par. 31. carry on their Designs, when very few were left, but of their own Party, did continue to meet, in the usual places at Westminster, and took upon them the name of both Houses of Parliament, and did proceed 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 eleven impeached Members: and with this pretended House of Commons, and four or five Lords of the same Model, for an House of Peers, they proceeded to set up a Committee for safety, whereof all, or most of the impeached Members, were a part; and they appoint themselves to join with the Committee of the City Militia, and they gave them large powers for raising of Forces, appointing chief Commanders, and other Officers; and raising a new War in this Kingdom, in justification, prosecution, and maintenance of their Treasonable Engagement, and of the forces and violence done to the Parliament: and to oppose and hinder the Restitution of the Houses of Parliament to their honour and freedom (though the pretences were for the defence of the King, Parliament, and See par. 37. City, than alleged to be in danger, when indeed, none were in danger, but only the authors, actors, and abettors, of the traitorous practices aforesaid.) And this farther appeared hereby. That those very Apprentices, Reformadoes, and others about the City, who were the chief actors in the said Engagement, and Tumult, were afterwards, most trusted, and employed, and most active in their preparations for War. And were not yours and their proceed, in every circumstance, the same formerly? After you had engaged yourselves in the two treasonable Bills, to take away from the King, the government of the Church, by Archbishops, Bishops, etc. and to take out of his hand the Militia of the Kingdom, Did not you in the first place endeavour to new model both Houses of Parliament? And did you not raise tumults to that purpose? And did you not raise 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 freedom, and of his Majesty to his just Rights, Power, and Government, (though at that time you pretended the defence of the King, Parliament, and City, than alleged to be in danger, when indeed none were in danger, but only the author's actors, and abettors of the traitorous practices aforesaid) and those very men, in, and about the City, who were the chief actors in those engagements, and tumults, were they not afterwards most trusted, and employed, and most active in the first preparations for war? The true ends of all their proceed 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 nearer approach of the Army. As all their and your proceed formerly concentred in this. To drive him away from London, that so you might enter upon the government: and as at present, your proceed concentre in this, to keep him from London, and from his government. But I see no reason why (if you please) his Majesty may not forthwith return to London, for aught you remonstrate. For I suppose, you insist not on the Resolutious of both Houses, and both Kingdoms in that case, since they also Resolved that his Majesty should abide at Holmby, but you seized his sacred person, and brought him thence. They resolved also, that his Majesty should remove to Richmond, but you would not suffer him to go thither. And whereas you proposed, That the King might not come nearer, than 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 terms you propose, but that the King will come to the Parliament, as you desire, not so much in place, as in affection and agreement. Upon such terms as may render both him and the Kingdom safe, quiet, and happy. And 'tis not likely, that his coming upon these terms can produce greater disturbances and distractions, but peace indeed, if you keep to your Remonstrance, and bottom your peace on grounds of common and public welfare and security, and not shape and mould it, only to the private advantage of a particular party, or faction. And herein be sure to avoid 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 establish their own greatness, and the affected domination of themselves and their party over all others. But to return to our purpose: By what hath been declared and published from us, and from the speakers, and aforesaid Members of both Houses it may appear how maliciously, treacherously and unworthily, we have been dealt withal by those our enemies, and by a factious and powerful 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 forth the reasons of their going away from Westminster) it may appear, how they were dealt withal, 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 freedom, It is absolutely necessary that there be speedy and exemplary justice done upon (at least) the chief authors & abettors of the said treasonable engagement, and of the said force done to the Parliament, and upon the chief actors, in maintenance and prosecution thereof. Or rather upon the chief authors, abettors, and maintainers of the former engagements, force and violence, which till done, the Houses cannot be restored to their native and primitive safety, honour, and freedom. The Right Honourable the House of Peers, 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 void all that hath been 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 lain under the power of violence, tumultuous or military. Yet the House of Commons hath not only not concurred Par. 37. with the Lord, in any of those things, but rather seem 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 own 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 own 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 july 26. And they are strengthened by the concurrence of divers other Members also, who having perhaps with harmless intentions) continued to sit with them, may yet fear themselves to be involved in the same case and danger, by having sat 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 aforesaid, but all seem 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 appear) 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 manner refuse the Motions, and oppose the Order of the House of Peers 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 party's labour (as for life) to uphold what was past and done in those tumults? yea and that very Vote in the Lord's House concerning the Militia Jan. 31. when that insolent and minatory Petition of the poor people, in and about London, was after a more insolent and minatory manner by M. Hollis enforced 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 return upon the Parliament, especially. when they shall have before their eyes, the encouragement of that impunity and protection which they have hitherto found from within the Parliament itself, in the past practices afore mentioned. And is exemplary Justice to be now first done in this Husb. 531. 537. 561. kind? did not his Majesty require it of you, and them, again and again, many years 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 encouragement of impunity and protection, which they evermore found within the Parliament itself? And I wish you had been as careful in preserving the freedom of Parliament heretofore, as you seem to be at present; or that you had not been as industrous in violating it then, as you seem 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 freedom of Parliament, whether by the preservation, or violation of it, it matters not. But what hopes of justice, or a timely dispatch, can we Par. 39 have, whilst 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 justify the offenders 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 proceed? We appeal to all men, whether it be just or tolerable, that Par. 40. any privilege of Parliament should (centrary to the Law of Nature) make any man judge in his own cause and concernment. And yet have not you and they, merely by the privilege of Parliament, contrary to the Law of Nature, made yourselves Judges in all Causes from the beginning, between the King, the two Houses of Parliament, and yourselves? And we do 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 War, or for the Kings coming 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 raising an Army, and embroiling the Kingdom in a most unnatural and bloody War: And observe, whilst you bring to condign punishment, the chief 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, etc. And you who have followed the conduct of Divine providence, in some of your undertake, and from thence only seem to warrant them, why will you not follow that Divine conduct in this also? Which as it is in itself warrantable, so it cannot but be commendable in you, as tending merely to the execution of Justice, and not to the advancing and promoting of a Party and Faction; nor is the hand of God seen more in punishing of these Offenders, than 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 call from God himself, as you prosecute the late Tumults; so to undertake the prosecution of the former, so lively represented, by yourselves, to yourselves, 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 ourselves with them, as to take some speedy and effectual course, whereby to restrain them from being their own, and our judges in those things, wherein they have made themselves Parties, and so to make way, that both they, and others that are guilty of, and Parties to the aforesaid Treasonable and destructive practices, and proceed, against the freedom of Parliament, and peace of the Kingdom, may be brought to condign 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 proceed, against the freedom of Parliament, and peace of the Kingdom, may be brought to condign punishment, by the due course of Law, which is the only true, and proper Judge in this Case; And which yourselves also intimate, in the foregoing Parallel next but one. And whereas you speak of the judgement of a Free Parliament, for my part, I think we have not had a Free Parliament, for almost these six years last passed, nor have at this day, not only in regard of the aforesaid Practices and Proceed, but also in regard of your Military, and Minatory Protestation and Declaration in the preceding Parallel. And in my observation, within these seven years last passed, we have had four Parliaments (such as they are.) 1. The King's Parliament, assembled by his Majesty's Writ, Nou. 3. 1640. and enjoying freedom of Vote till Dec. 1641. 2. The Cities 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, (last,) 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 only, was a Legal Parliament, and all the others were Factious Assemblies only, conspiring against the Government of the Church, and State; and in this conspiracy, the Presbyterians and the Independents, joined together, till they had overthrown the King and his Party: which done, they fell in pieces; and first, the Presbyterians strove to Out the Independents, and to advance their faction in Parliament: And now the Independents take their turn, 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 proceed: if yet, their latter forcible practices may be called violations of the freedom of Parliament, or not rather mutual counterworking of the two factions to undermine and ruin 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 oppress them daily more and more, and so the Legal 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 Pass, touching the Bishops and the Militia, together with other Propositions which they had passed in their pretended Houses of Parliament: and took up Arms afterwards to enforce him to submit to their Propositions, and to sign their Bills: and (being resolved on their Design) would not accommodate upon any other terms with his Majesty, but continue and pursue their war, until they had overthrown 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 shall james. 4. 1, 2, 3. finally refuse (as in Honour and conscience grant them he 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 will turn their force upon the people, and set up their Government over them, and (having now got the whole strength of the Kingdom) compel them to submit to it, and to pay such Taxes as they shall impose, and undergo such Services, as they shall enjoin, and do whatsoever they shall please to command, for the settling and establishing their Government, and so make up the measure of their tyranny. And an evidence of their intentions, and resolutions in this kind, we have in their late proceed 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 Kingdom? Thus their whole action hath been forcible, and violent, tumultuary, and military, and destructive of Monarchy, and of the freedom 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 joice and his Company first obtained his Majesty, and expected that those Champions of Liberty, and of the freedom of Parliament, would forthwith have brought his Majesty to his two Houses of Parliament, with freedom, honour, and safety, according as they intimated See Par. 11. in their Declarations, Representations, Remonstrances, and other Papers. So spoke ye, and so do, as they that shall be judged by the Law of Liberty. ja. 2. 12 And because fears 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 mean time, till peace be settled, the several Counties and Corporations in the Kingdom, 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 hereby they shall be assured of your good intentions to the public, and of your loyalty and fidelity to the King and Kingdom, and of peace indeed by the Treaty. FINIS.