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         <div type="petition">
            <pb n="1" facs="tcp:135182:1"/>
            <head>AN Engliſh-mans Fundamentall APPEALE. OR, The Third Humble Petiton and Addreſſe of Captain WILLIAM BRAY.</head>
            <p>Complaining ſheweth,</p>
            <p>
               <seg rend="decorInit">T</seg>Hat on or about the 18th of <hi>June</hi> laſt, your Petitioner did deliver, or cauſe to be delivered (to every Member then ſitting) an application, wherein he did endeavour to ad<g ref="char:EOLhyphen"/>dreſs himſelf in rational and modeſt manner (as he humbly conceiveth, with ſubmiſſion to your great Judgment) to accompliſh Juſtice, and Equity to himſelf, in theſe enſu<g ref="char:EOLhyphen"/>ing particulars:</p>
            <div n="1" type="part">
               <head>FIRST,</head>
               <p>To obtain Juſtice, and ſatisfaction for his Arrears, disburſments, damages and loſſes in your ſervice, and intendedly (according to his underſtanding) for your lawful preſervation from violence, by the fury and rage of War, and the diſmal conſequences thereof, publickly diſcovered, or promulged by your Declarations.</p>
            </div>
            <div n="2" type="part">
               <head>SECONDLY,</head>
               <p>To procure (if it were poſſible) ſome moderate ſatisfaction and conſideration, for his almoſt three years arbitrary, injurious and ſevere impriſonment; which kind of Actions, and dealings with your long oppreſſed Petitioner, (in many par<g ref="char:EOLhyphen"/>ticulars) were contrary to the <hi>Fundamental, Eſſential, Righteous Ancient, and Common Liberties and Safetyes,</hi> as your Petitioner divers years ago, (in the time of his Bonds) did often evidence, and publickly, and particularly atteſt; and can eaſily (to any rational and unbiaſed underſtanding) make appear, and juſtifie him<g ref="char:EOLhyphen"/>ſelf (as a Member of the body of the People,) not only by the amiable Fundamen<g ref="char:EOLhyphen"/>tal Law of <hi>England</hi> (which is plain, and certain if there were no Preſident in the Caſe) but alſo by the Caſe of the Lord <hi>Kimbolton,</hi> Sir <hi>Arthur Haſlerig,</hi> &amp;c. and by Mr. <hi>Pim's</hi> Speech to the Lord Mayor and Common-Councel, in a Replicatory Anſwer to King <hi>Charles</hi> his Anſwer, and Declaration made to the Petition of the
<pb n="2" facs="tcp:135182:2"/>City of <hi>London,</hi> &amp;c. in vindication of the ſaid Lord Mayor, <gap reason="illegible: faint" extent="1 span">
                     <desc>〈…〉</desc>
                  </gap> Col<g ref="char:EOLhyphen"/>lonel <hi>Ven,</hi> and Colonel <hi>Manwaring.</hi> Your Petitioner do<gap reason="illegible: faint" extent="2 letters">
                     <desc>••</desc>
                  </gap> now <gap reason="illegible: faint" extent="1 word">
                     <desc>〈◊〉</desc>
                  </gap>, humbly revive his Claim of Juſtice, ſuppoſing after your long interruption, and great <gap reason="illegible: faint" extent="2 letters">
                     <desc>••</desc>
                  </gap>me and ſpace given, (peradventure amongſt the many wiſe Reaſons in Gods Wiſdom, to the end to cauſe a mature, ſincere deliberation, and impartial conſideration of former paths: as it was ſaid in the caſe of King <hi>Hezekiah,</hi> 2 <hi>Chro.</hi> 32.31. <hi>God left him to try him, to know all that was in his heart,</hi>) There was no reaſon to judg it to be impoſſible, that you ſhould ſincerly, and effectually mind your many So<g ref="char:EOLhyphen"/>lemn Obligations, Declarations, Vows, and Imprecations to Heaven, on the be<g ref="char:EOLhyphen"/>half of the ſaid Fundamental, Eſſential, Impartial Liberties, and Common Birth<g ref="char:EOLhyphen"/>right of <hi>England,</hi> which are known by the Almighty and All-ſeeing Eye, and can hardly be blotted out humane memorials, as by your many Declarations, if relati<g ref="char:EOLhyphen"/>on (according to obligation to God, Nation, and Conſcience) be had to them (with an unbiaſed underſtanding, and ſincere affection to reduce things to action) will plainly and fully appear (as your Petitioner alſo humbly conceiveth.)</p>
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            <div n="3" type="part">
               <head>THIRDLY,</head>
               <p>The third part of your Petitioners Addreſs conſiſted in reminding, and <gap reason="illegible: faint" extent="1+ letters">
                     <desc>•…</desc>
                  </gap>m<g ref="char:EOLhyphen"/>ing you of his illegal and Arbitrary ejection, his Truſt in the year 1648, and that if you ſhould have done him that further impartial Juſtice to reſtore him to <gap reason="illegible: faint" extent="1 span">
                     <desc>〈…〉</desc>
                  </gap> place of Truſt, he would ſtudy (according to his underſtanding) faithfulneſs to you therein.</p>
               <p>For the firſt part of it, if your Petitioner ſhould humbly argumentize to your great Wiſdome, declared knowledge, publique invitations, and Inſtructions on the behalfe of the <hi>Lawes and Liberties,</hi> and what the nature of an Obligation and promiſe is, and how much the ſame is valued, by ſuch as have power or ability, and a good Conſcience with it, he thinks (with ſubmiſſion) it would be as needleſs as to caſt a drop of water into the Ocean, for thereby it will appeare, that he ſhould have had ſatisfaction for the ſame as a juſt debt, the obligation being of ſo Capitall and great a nature as <hi>Publique Faith,</hi> in which matter, if your Petitioner had ob<g ref="char:EOLhyphen"/>teyned juſt conſideration, he might have avoyded many great inconveniences, and made ſome juſt benefit thereof the juſt advantage and good of himſelf and relations, when he was arbitrarily excluded his publique Truſt, and ſo made inca<g ref="char:EOLhyphen"/>pable of doing his Country ſervice in a publique way, and alſo if he had not been interrupted by his ſaid impriſonment; And if your Petitioner could be (as he hopeth he cannot be) induced to lay aſide (for his defence, and to juſtifie his claim, and particular juſt concernments) thoſe righteous <hi>Fundamental Lawes, Liberties and ancient Rights of the Nation,</hi> upon which the Warr was chiefly de<g ref="char:EOLhyphen"/>clared to be grounded, (the conſervation of which Libertyes and Rights, was ſo diligently looked into by our honourable Parliamentary Aunceſters and fully eſta<g ref="char:EOLhyphen"/>bliſhed; (upon rationall grounds and Maximes:) againſt any poſſibility of Inva<g ref="char:EOLhyphen"/>ſion, and by mutuall agreement from the Crowne of Monarchy,) yet Chriſt the head of all Chriſtians (from whom the name hath been ſince either really derived to any, or unjuſtly and improperly aſſumed by any) doth give as a law of Talion and everlaſting command (as I humbly conceive with ſubmiſſion to your great underſtanding) <hi>That every man ought to do as he would be done unto;</hi> not exclu<g ref="char:EOLhyphen"/>ding any, or giving a Prerogative or Previledge to any whomſoever upon any Politicall ſuggeſtion or pretence whatſoever to diſanul that Law.</p>
               <p>And how indubitably neceſſary it is that <hi>Law</hi> ſhould be a ſupreame barr, againſt arbitrarineſs; and how conſiſtent the Evangelicall Law is with the light of Na<g ref="char:EOLhyphen"/>ture, and with the juſt concernment of every mans juſt intereſt and defence, and how upon due impartial reaſoning this may be applyed, and by how much the more the Rule is obligeing to the greateſt Authorities or Powers in a more eſpecial
<pb n="3" facs="tcp:135182:2"/>manner, (as eminent examples to others) your Petitioner doth referr to your Conſcience, and declared knowledge without uſeing other arguments.</p>
               <p>For the ſecond part of it your Petitioner did (as he hopeth) in as model. Termes, as he could imagine or conceive (with laying aſide flattery, which is hate<g ref="char:EOLhyphen"/>full to the wiſely juſt) defire conſideration of his ſaid almoſt three yeares Impri<g ref="char:EOLhyphen"/>ſonment, as if the caſe had been your own, and as if God ſhould have permitted the late deceaſed call'd Protector, NOT ONELY TO INTERRUPT YOU, BUT TO COMMIT YOU EVERY ONE AS YOU DID HIM; which ſaid Impriſonment hath tended in many conſiderations to his injury, great loſs, many inconveniences, ruine, and deſtruction ever ſince; in ſo much that your Petitio<g ref="char:EOLhyphen"/>ner hath often (in affliction of mind, and peradventure with too great and deep a ſenſe and conſideration of things) deſired diſſolution, as that good Prophet <hi>Eli<g ref="char:EOLhyphen"/>jah</hi> (with whom your Petitioner cannot compare) requeſted for himſelf that he might dye, and ſaid <hi>it is enough now oh Lord, take away my life for I am not better then my Fathers,</hi> for after the long defect of Juſtice, and humane conſideration in a moderate nature (which was onely deſired by your Petitioner?) your Petitioner can onely aſcribe thanks to the great goodneſs of God for his preſervation to this day, which he yet hopeth hath been in goodneſs, that he may after ſo long a time reap your Juſtice, that humane nature ſhould not be neglected and trampled upon any longer. And for Argument to your declared exemplary underſtanding, your Petitioner (hoping it may receive a revived Impreſſion) deſires to mind you with your own Declarations in anſwer to the late King <hi>Charles,</hi> which will reſtifie for him, and plead his cauſe, as will appear in the book of Collection of Declarations, Printed by Mr. <hi>Edward Husbands</hi> by order, and direction of the 24 <hi>March</hi> 1642 <hi>Page</hi> 694; Wherein you expreſs your ſelves in this manner, <hi>(viz.) Whatever be our inclination, Slavery would be our condition, if we ſhould go about to overthrow the Laws of the Land, and the Propriety of every mans Estate, and Liberty of his Perſon; for therein we muſt be aswell Patients as Agents; and must every one in his turn ſuffer our ſelves whatever we ſhould impoſe upon others:</hi> And in your De<g ref="char:EOLhyphen"/>claration of the 19th of <hi>May</hi> 1642, <hi>Page</hi> 202, wherein you expreſſe theſe words, <hi>(viz,) And as his Majesty doth gratiouſly declare the Law ſhall be the meaſure of his Power, ſo do we hearttly profeſs, that we ſhall alwaies make it the Rule of our Obedience.</hi> And therefore, as Chriſt that perfect Pattern of natural Juſtice and ſu<g ref="char:EOLhyphen"/>pernatural Power and Mercy, <hi>John</hi> 5.30. doth uſe theſe words, <hi>(viz.) As I hear I judge, and my Judgment is just becauſe I ſeek not mine own will, but the will of my Father which hath ſent me:</hi> So I humbly ſuppoſe I may ſay and apply, as I have heard or read in the righteous Foundations and Principles of the Law from our Anceſtors, and alſo averted by your own Writings. As I hear, I Judge and believe there is a Rule of direction to me to beleive my judgment is juſt, becauſe I ſeek not my own Will, grounded (as an Innovation) upon my own Judgment or pri<g ref="char:EOLhyphen"/>vate opinion, but founded upon your own Declarations which teſtifie to the Caſe.</p>
               <p>As for the third part of your Petitioners aforeſaid Application, he doth humbly confeſs ſince he did ſee a great or generall endeavours and application for a reſtau<g ref="char:EOLhyphen"/>ration and reinveſtiture to Government, and to accept of Truſts and places of profit, <hi>Power,</hi> and imployment, he could not think his ſaid addreſs to be any juſt cauſe of offence to you (as the caſe is,) but rather receiveable with chearfull in<g ref="char:EOLhyphen"/>tention to do Juſtice. But your Petitioner ſeeing and continually feeling (after 11 years ſufferings and neglects, that his ſaid Application of the 18th of <hi>June</hi> was ineffectuall, he made another of the ſecond of <hi>July</hi> following, and apprehending that his place of truſt, and inveſtiture might not be with your likeing, did not par<g ref="char:EOLhyphen"/>ticularly mind that third part of his ſaid addreſſe, being willing to endeavour pati<g ref="char:EOLhyphen"/>ence of mind and ſubjection, rather then any ſuch thing as any part or portion in YOUR GOVERNMENT.</p>
               <pb n="4" facs="tcp:135182:3"/>
               <p> Therefore your Petitioner doth now againe (by all obligations humane and di<g ref="char:EOLhyphen"/>vine) requeſt and deſire of you to manifeſt a Preſidentall or exemplary Juſtice, and good Conſcience ſuitable to a great Counſell, as to the ſpeedy conſideration of his arreares, loſſes, dammages and diſburſements (intendedly for your lawfull preſervation) and ſpeedy and juſt ſatisfaction for his almoſt three years <hi>arbitrary Impriſonment,</hi> that ſo he might not be any longer neglected, deſtroyed and un<g ref="char:EOLhyphen"/>done, contrary to the Rules of all juſt Law, Humanity and Conſcience, and in caſe your ſaid oppreſſed Petitioner ſhall obtaine Juſtice (in his affection and re<g ref="char:EOLhyphen"/>ſpect, he deſires to beare to gratitude,) he ſhall pray that God would extend his Wiſdome, and the power of his God-head to and for you and your poſterity, if you or they ſhall have any occaſion to deſire or expect Juſtice and goodneſs from any future Government, Authority or Generations in the World.</p>
               <closer>
                  <signed>WILLIAM BRAY.</signed>
                  <date>29th, <hi>September.</hi> 1659.</date>
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