IN the beginning of these troubles, I suffered a hard imprisonment un­der the Commissioners of Array (halfe a yeare) for refusing to submit to their usurped authority, afterwards for the same I was driven in Exile, and my means all that time possessed by them, and so I lived as a banished man from my Country for two yeares, untill the Reduce­ment thereof to the obedience of Parliament. I was sent hither to give in a charge against some with us, whom the Parliament had declared Traytors, yet againe put into the highest places of trust and command in our Coun­try by Mr. B. contrary to his oath and trust, upon the Houses receiving our charge, I expected that Mr. B. and others complained of, should have put in their answers, but in stead thereof, I was put to answer Inter­rogatories against my selfe, tending to the betraying the trust reposed in me. To which interrogatories, I desired time to advise to answer, there [...] on I was committed by the House of Commons unheard, nor never so much as called to their bar, (a thing which the Heathen Romans abhorred to doe) upon the bare (though false) report of Mr. L. made to the house, viz. That I contemptiously refused to answer, it never being my intenti­on to doe any thing in contempt of the House. Here I have laine nine months to my ruine, and the ruine of my wife and children, whilst the common enemies of the Kingdome (of whom we complaine) are conti­nued in their authorities, contrary to law, you have by the Act made for the abolishing of the Star Chamber, confirmed Magna Charta and the Pe­tition of Right, and amonst others the 4. chap. of the Statute of the 34. of Ed. 1. By which Statute it is granted, That all men of this Kingdome shall have their Lawes, Liberties, and Free customes, as they have used the same, when they had them at the best. And if any Statutes have been made or custome brought in to the contrary thereof, the same to be void and fru­strats for evermore. And that this custome of committing men to prison, [Page]for refusing to answer Interrogatories this way, is contrary to Law, and the liberty we have of old enjoyed, is cleer and manifest.

Sir you know that by Magna Charta, chap. the 29. No man is to be im­prisoned but by the judgement of his Peeres and Equalls, or by the law of the Land, which is expounded by the Statute of the 25. of Ed. 3. chap. 4. To be by indictment or grese [...]ment of good and lawfull men (not of in­famous persons) or by writ originall of the Common Law. And no man may be put to answer, without presentment before Iustices, or matter of Record, according to the old Law of England, See the 28. of Ed. 3. chap. 3. and the 37. of Ed. 3. chap. 18. Touching long imprisonment, as it is most unjustly and wickedly practised at this day. The Law hath ever held the same so odious; that it hath provided, if the prisoner be not speedily and timely brought to his tryall or freed, he may have gratis, (without any fee) without delay or denyall, the Writ De Odio et Atia, for bayling him out of prison, though convict of murther, Magna Charta chap. 26.

But alas we have but the shaddow of it, we by the subtilty of Lawyers, are only free men in name, the English mans freedome is now become worse then the Turkish slavery, how many of us lye and languish in your murthering prisons [...] to the provoking of the God of Iustice unto wrath against you) & our wives & children thereby exposed to all want & misery; whose loud cries and teares (doubtlesse) will draw downe vengeance from the just hand of Heaven upon you (if not speedily prevented by admini­stration of justice.) Wee have often with all earnestnesse, petitioned and solicited for liberty, yet can [...] not since the first Session of this Parliament get one Ordinance passed for it, whereas Traytors and Murtherers of their brethren can have (since the surrender of Oxford) many score of Ordinan­ces psssed for their liberty, peace and welfare.

The just God of Heaven and Earth be judge between you and us (that are not freed) yea many of us are still imprisoned without any legall charge brought against us yet can we have no benefit of these lawes, which are not denyed to these enemies, murtherers and destroyers of their native Countrey. O where [...] justice [...]t May not those royall: Plunderers [...] well justifie all their Robberies and Depredations, as either our House of Commons, or the House of peers these kinds of Imprisonments, and com­mitments: Nay, is it not the greatest injustice, when done under the colour of Justice? Sir I assure you, it were lesse grievious unto us to dye at once, then thus to be inslaved and famished in your cruell Prison houses, where [...] to all misery, contempt, obliquie and [...] of the worst of men and thereby the hearts of our wives and aged Parents are broken with sorrow and griefe. Sir, be pleased also to consider, how by these and the like doings, the affections of many thousands of the people is estranged from you, who have formerly adventured all to [...]hol dyon in your autho­ [...] And if this course be continued, we shall not, [...] not thinke [...] [Page] [...] say lesse, then that the Parliament (and not the Prerogative) makes us a bondage and miserable people. And some already doe not spare to say that the Parliament is now become the burthen of the Kingdome: If you in­tend to inslave us still, deale plainly with us and let us know it. You were intrusted by the people for their good, and not for the continuation of their Thraldome. We have not been failing on our parts, and by the bles­sing of God, have so far brought the common enemy of the Kingdome un­der your power, that there is none that dare to stand up against you, but some few in houlds, so as there is now no let nor other excuse left, why the course of justice in a free currant should be any longer obstructed and hindered. The recovery whereof was the very end and cause of all our fightings. Let us then have justice, which without shewing your selves to be most unjust men, you cannot any longer deny unto us. Let not Man­chester, B. and some other Achans amongst you, be denyed justice, If they be wrongfully accused, they ought to be vindicated, if they be guilty of the accusations against them, you cannot be guiltlesse in not doing ju­stice upon them, let neither their wealth, nor honour, nor their eminent places, serve them for a covering, or be any Sanctuary unto them, God is no respecter of persons in judgement) and are not you placed here betwixt God and us, to doe justice. But if you have respect of persons, you disho­nour God, commit sin, and stand convinced as transgressours of the Law. James 2.9. The Lord also farther saith, That yee shall doe no unrighte­ousnesse in judgement. Thou shalt not respect the Person of the poore, nor honour the Person of the mighty, but in righteousnesse shalt thou judge thy neighbour, Levit. 19 15. For whosoever they be that pervert justice and judgement, are accursed of God, see Deut. 27.19.

If therefore you would be accompted, and numbred amongst the Sonnes of wisedome, and not amongst those that are under this course, doe justice freely, speedily and impartially, let it never be said of our highest court of Judicatory, as was some times of Romes Senate Dat venia [...], corvis vexat censura columbos. Why should your friends perish in your abominable Gaoles, (Hells Soule destroying houses) whiles that yours, and the king­domes professed Enemies, the capitall transgressors of the Lawes are suffe­red freely to walke London streets, to injoy their liberties with their ill gotten wealth, and to be so much honoured and trusted, as to sit and vote amongst you in you Councell, as Thorp the Lawyer doth, who endeavou­red, councelled, & by threatnings atrempted to have had Hull delivered up to the King, which when he could not effect, neither by threats nor by trea­cherie, he then caused Sir Iohn Hotham to be proclaimed Traytor by two Heraulds at armes, for keeping the towne for the Parliament and King­domes use Oh the misery of these times!

Behold, the whole Kingdome cryes aloud for Justice, the spoyled for re­parations, and we your poore inslaved Prisoners illegally committed, and uniustly detained in your severall prisons, (Groaning under this Egyptian [Page]Servitude do cry out for iustice and their iust liberty and inlargement, accor­ding to law and iustice.

Wherfore noble Sir, if by your meanes and mediation, we (after so long ex­pectation and delay) may obtaine these our iust desires, millions and mul­titudes will have cause to blesse God for you and eternize your name to all posteritie, as one of the chief means, of restoring our antient Birth-right & liberty, of which number (though the least and unworthiest) he is and will be one, neither unthankefull nor forgetfull of so noble a favour for the generall, nor of what shall be most freely and nobly accomplished by you for the gaining of his liberty in particular who is a free man in bonds, &c.

28. of the 17: Month.