THE PETITION OF RIGHT OF THE FREE-HOLDERS and FREE-MEN OF THE KINGDOM OF ENGLAND:

Humbly presented to the Lords and Commons (their Representatives and Substitutes) from whom they expect a speedy and satis­factory Answer, as their undoubted Liberty and Birth-right.

Printed in the Year, 1648.

THE PETITION OF RIGHT OF THE Free-holders and Free-men OF THE Kingdom of England
In all humbleness shew unto the Lords and Commons now in Par­liament assembled;

THat whereas the Lords Spiritual and Temporal, and Commons in Parliament assembled, in the third year of his Majesties reign, that now is, did, in their most famous Petition of Right, among other things, claim these ensuing, as their and our undubitable Rights and Liberties, according to the Laws and Statutes of this Realm, viz.

That no Free-man in England should be compelled to con­tribute to make or yeeld any Gift, Loan or Benevolence, Tax, Tallage, or other such like charge, without common consent by Act of Parliament. That no Free-man may be taken or im­prisoned, or disseised of his Free-hold, or Liberties, or free Cu­stoms, or be out-lawed or exiled, or in any manner destroyed, [Page 4] or be adjudged to death, but by the Lawful Judgment of his Peers by the Law of the Land, and due process of Law.

That the quartering of Soldiers and Mariners in any Free­mens houses against their wils, and compelling them to receive them, is against the Laws and Customs of this Realm, and a great grievance and vexation of the people; [Notwithstanding the Commons in this present Parliament, in their Remonstrance of the State of the Kingdom, 15 Decemb. 1641. published to all the Kingdom: That the charging of the Kingdom with bil­leted Soldiers (complained of in the Petition of Right, as afore­said) and the Concommitant Design of German Horse, that the Land might either submit with fear, or be inforced with rigor to such ARBITRARY CONTRIBƲTIONS, as should be required of them; was a product and effect of the Jesuited Councels, of Iesuites, Papists, Prelates, Courtiers and Counsellors, for private ends. And therefore not to be approved or endured in themselves, or in any Officers or Soldiers under their command, raised purposely to defend, and not invade our just Rights and Properties, especially since the Wars deter­mination in this Realm, since they desire in that Remonstrance, That all Sheriffs, Iustices, and other Officers be sworn to the due execution of the Petition of Right, and those Laws which concern the Subject in his Liberty.] And that all Commissioners for the executing and putting of men to death by Martial Law, (except only in Armies in time of War) are wholy and directly contrary to the Laws and Statutes of this Realm. And did in their said Petition grievously complain, That by means of divers Com­missions, directed to sundry Commissioners in several Counties, his Majesties people have been, in divers places, assembled and required to lend certain sums of Money to his Majesty (preten­ded for the publick safety) and many of them, upon their refusal so to do, have had an Oath tendred to them, not warrantable by the Laws and Statutes of this Realm, and been constrained to become bound to make appearance and give attendance before the Privy Councel and in other places, and other of them have been therefore imprisoned, censured and sundry other ways molested and disquieted, and divers other Charges have been layd and levyed on the people in several Counties by Lord Lieu­tenants, [Page 5] Deputy Lieutenants, Commissioners for Ministers, Justices of Peace, and others against the Laws and free Customs of this Realm. And that divers Subjects have of late been im­prisoned without any cause, or any just or lawful cause shewn; and when for their deliverance they were brought before his Majesties Justices by Writs of Habeat Corpora, there to un­dergo and receive as the Court should order, and their Keepers commanded to certifie the causes of their detainer, no cause was certified, but that they were detained by his Majesties special command, signified by the Lords of his Privy Councel, and yet were returned back to several prisons without being charged with any thing, to which they might make answer according to the Law. And that of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm, and the inhabitants, against their wils, have been compelled to receive them into their houses, and there to suffer them to so­journ against the Laws and Customs of this Realm to the great grievance and vexation of the people. And that divers Com­missions under the great Seal had been granted to proceed ac­cording to Martial Law against Soldiers, Mariners and others, by colour and pretext whereof some of his Maiesties Subiects had been illegally put to death and executed. And also sundry grievous offendors, by colour thereof, claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this Realm, by reason that divers Officers and Mi­nisters of Justice have uniustly refused or forborn to proceed a­gainst such Offendors according to the said Laws and Statutes, upon pretence that the said Offenders were punishable by Mar­tial Law, and by Authority of such Commissions, as aforesaid.

And therefore they did then in their said Petition most hum­bly pray his most Excellent Maiesty, that no man hereafter be compelled to make or yeeld any Gift, Loan, Benevolence, Tax or such like charge, without common consent by Act of Parlia­ment. And that none be called to make answer, or take such Oath, or to give attendance, or be censured, or otherwise mo­lested or disquieted concerning the same, or the refusal thereof. And that no Free-man, in any such manner, as is before menti­oned, be imprisoned or detained. And that his Maiesty would [Page 6] be pleased to remove the said Soldiers and Mariners, and that his people may not be so burthened in time to come. And that the foresaid Commissions for proceeding by Martial Law may be revoked, recalled and annulled. And that hereafter, no Commissions of the like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid; lest by colour of them any of his Maiesties Subiects be destroyed or put to death, contrary to the Laws and Franchises of the Land. All which they then most humbly prayed of his Maiesty, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that his Majesty also would vouchsafe to declare, that all the awards, doings and proceedings to the preiudice of his people, in any of the premises, shal not be drawn hereafter into consequence or example. To all which the King then fully condescended, and gave this royal Answer in Parliament; Let Right be done as is desired.

These undoubted Rights, Franchises and Liberties, and that our Knights and Burgesses ought to enioy their ancient Privi­ledges and Freedom, and to be present at all binding Votes and Ordinances, we do here claim and challenge as our Birth-right and Inheritance, not only from his Maiesty, but from both the Houses of Parliament now sitting, who have in sundry printed Remonstrances, Declarations and Protestations, and in the So­lemn League and Covenant, oft times promised and seriously vowed and covenanted, in the presence of Almighty God, in­violably to maintain and preserve the same, and to bring the In­fringers of them to condign and exemplary punishment, and have engaged all the wel-affected Free-born people of England, by like solemn Protestations, Leagues and Covenants, to main­tain and defend the same with their lives and estates: And there­fore we at this present not only humbly desire but also require both the said Houses and every Member of them, even in point of Justice, Right, Duty and Conscience, not of favor or in­dulgence, inviolably, without the least diminution, to maintain, defend and preserve these our Hereditary Rights and Liberties, intailed on us and our posterities by so many Statutes, confirmed and ratified by such a multitude of late Declarations, Protesta­tions, Remonstrances, Vows and Solemn Covenants, wherein [Page 7] they have mutually engaged us together with themselves, and for the preservation wherof against the Kings Malignant Coun­sellors, and Forces, and Party, (now totally subdued) have of late years put us and the whole Kingdom to such a vast expence of Treasure and Gallant English blood: and likewise pray their publick Declaration against, and exemplary Justice upon the present open professed Invaders and Infringers of them, in a more superlative degree then ever heretofore.

For not to enumerate the manifold Encroachments on, and Violations of these our undoubted Priviledges, Rights and Franchises, by Members, Committees, and all servants, of per­sons military and civil imployed by both Houses, during the late uncivil Wars, occasioned the inevitable Law of pure neces­sity, all which we desire may be buried in perpetual oblivion, we cannot but with weeping eys & bleeding hearts, complain & re­monstrat to your honors: that contrary to these undoubted rights; Priviledges and Franchises; many of us who have always stood wel-affected to the Parliament, and done and suffered much for it, have partly through the power, malice and false suggestions, either of some Members of both Houses who have born a par­ticular speen against us, but principally through the malice and oppression of divers City and Country-Committees, Governors, Officers, Souldiers and Agents imployed by Parliamentary Au­thority, been most injuriously and illegally imprisoned, sequeste­red, plundered, put out of our Offices, Benefices, Livings, Lands, Free-holds, enforced to send divers sums of money without any Act or Ordinance, to take unlawful Oaths, enter into bonds to make appearance, and give attendance upon severall persons and Committees, both in the Country, London, Westminster, and other places, for divers moneths together, and have been confined, restrained, and sundry other ways oppressed, molested and disquieted, and utterly ruined; of which when we have complayned to the Houses, we can find either no Redress at all, or such slender and slow relief, as is as bad or worse then none at all. And when we have sought our Enlargement from our unjust imprisonments in a Legal way, by writs of Habeas Cor­pora, in the Kings Courts; our Keepers have either refused to obey them, or to certifie the causes of our detainer, or else have [Page 8] certified generally, that we were detained by order or com­mand of one or both Houses, or of some Committees or Mem­bers of Parliament, whereupon we have been remended to our respective prisons, without being charged with any particular offence, to which we might make answer according to Law: And if we seek to right our selves against those who have thus unjustly and maliciously imprisoned, oppressed, plundered and disseised us of our Free-holds, Lands and Goods, by actions of false imprisonment, Trespass, Trover, Assise, or the like at the Common Law, which is our Birthright; These Members and their Servants, who have injured and ruined us, plead exempti­on from our suits, by reason of their Priviledges, so as we nei­ther can nor dare to sue them; and Committee-men and others, when we sue them for any injuries, Trespasses or oppressions by Land or Sea, plead the Ordinances of Indempnity, to justifie their most unjust and exorvitant actions, warranted by no Law nor Ordinance whatsoever, and by colour thereof stay both our Judgments and Executions at Law, after verdicts given against them for our relief; and force us to travail from all parts of the Kingdom unto Westminster, and there to dance attendance upon Committees of Indempnity, and the like, for many weeks and moneths, til they enforce us to spend, more then the dam­mages we justly recovered, and to release our just Actions and Executions, at the last, contrary to our just Rights and Priviled­ges, the expres [...] Letter of Magna Charta; We will deny, we wil deferr right and justice to no man; And to the very pur­port of the Ordinances of Indempnity, which never intended to exempt any Committees or other Officers, Agents, Souldiers or Sea-men imployed by the Houses from any unjust or injuri­ous actions done out of private malice, or for private ends, or lucre, without, besides, or against all Ordinances, or from any gross abuses of their power and trust to the peoples prejudice and oppression (all which are now patronized and maintai­ned by pretext thereof) but only to secure them from unjust vexations and suits, for what they sincerely acted for the pub­like good, according to their trust and duties. And which is yet more sad and dolefull, the very greatest Malignants, who have been most active against the Parliament, and for our good affe­ctions [Page 9] and service to it, have burnt down much of our Houses, seized upon our goods and estates, imprisoned, beaten, wounded and mained our persons, imposed heavy taxes on us, indicted us of high Treason for bearing Armes in the Parliaments de­fence, and enriched themselves with our spoyles and estates; by colour of the Articles of Oxford, Exeter, Winchester, and the like: exempt themselves from our Actions and Arrests, stay our Judgments and Executions after our expence, in suits and Recoveries at the Law, when we have received not one quar­ter of the damages we sustained by them, by verdict and try­all; and summon us from all parts of the Kingdom, to appear and wait for divers weeks before the Committe of Complaints at Westminster, to our intolerable vexation and expence, where they find more friends and favour commonly then we, and force us to release both our damages and costs of suit to our utter un­doing: The very extremity both of Injustice and ungratitude, which makes Malignants to insult and triumph over us, out of whose estates we wer by divers Remonstrances and Declara­tions of both Houses, promised full satisfaction for all our losses and sufferings in the Parliaments cause; who are now on the contrary thus strangely protected against our just suits against them, for our sufferings by them, and are promised a general act of Indempnity and oblivion (as we hear) to secure themselves for ever against us, whom they have quite undone; which if obtained, wil break all honest mens herats, and discourage them ever hereafter, to act or suffer any thing for the Parliament, who insteed of recompencing them for their losses and suffer­ings, according to promise and justice in a Parliamentary way, do even against Magna Charta it self, and all Justice and Con­science, thus cut them off from all means and hopes of recom­pence or relief in a Legall way, and put Cavaleers into a far bet­ter and safe condition, then the faithfulest and most suffering Parliamenteers, a very ingrate and unkind requital.

Besides we cannot but with deepest grief of soul and spirit complain, that contrary to these our undoubted Rights and Priviledges, many of our faithfullest Knights and Burgesses, whom we duly chose to consult and vote for us in Parliament, have through the malice, practise and violence of divers muti­nous [Page 10] and Rebellious Souldiers in the Army; and some of their Confederates in the House, without our privity or consents, or without any just or legal cause, for their very fidelity to their Country, for things spoken, done and voted in the Houses, main­taining the Priviledges of Parliaments and opposing the Armies late mutinous, Rebellious, Treasonable and Seditious Pra­ctises, been most falsly aspersed, slandered, impeached, and forced to desert the House and Kingdom too; others of them arrested and stayed by the Army, and their Officers, without any warrant or Authority: others of them suspended the House before any Charge and Proofs against them; others expelled the House, and imprisoned in an Arbitrary and Illegal manner, when most of the Members were forced thence by the Armies violence, without any just cause at all, or any witnesses legally examined face to face, and without admitting them to make their just defence as they desired: And that divers Lords and Members of the House of Peers have likewise been impeached of High Treason, sequestred that House, and committed to Custo­dy, only for residing constantly in the House, and acting in, and as an House of Parliament, (for which to impeach them of Treason, is no lesse then Treason, and so resolved in the Par­liaments of 11. R. 2. & 1. H. 1. in the case of Tresilian and his Companions) when others who dis-honorably deserted the House, and retired to the mutinous Army, then in professed dis­obedience to, and opposition against both Houses, are not so much as questioned; and all this by meer design and confedera­cy, to weaken the Presbyterians and honest party in both Hou­ses, which were far the greatest number, and enable the Inde­pendent Faction, to vote and carry what they pleased in both Houses; who by this Machivilian Policy and power of the Army (under whose Guard and power, the King, both Hou­ses, City, Tower, Country have been in bondage for some moneths last past) have extraordinarily advanced their designs, and done what they pleased without any publike opposition, to the endangering of all our Liberties and Estates. Nay more then this, we must of necessity Remonstrate, [...] the Repre­sentative body of the Kingdom, and both House of Parlia­ment, by their late Seditious and Rebellious Army, have not [Page 11] only been divers ways menaced, affronted, disobeyed, but like wise over-awed, and enforced to retract and null divers of their just Votes, Declarations and Ordinances against their Judg­ments and Wills, to passe new Votes, Orders and Ordinances sent and presented to them by the Army, to grant what demands, and release what dangerous Prisoners they desired of them; to declare themselves no Parliament, and the Acts, Orders and Ordinances passed in one or both Houses, from the 26 of July, to the 6 of August meer Nullities, during the Speakers absence in the Army, by a publike Ordinance then layd aside by the ma­jor votes, and at last enforced to passe by a party of one thou­sand horse (a far greater force then that of the Apprentices) drawn up into Hide-Park to over-awe the Houses, because the Generall and Army, had voted them no Parliament, and their proceedings null. Since which they have in their printed Treasonable Remonstrance of the 18th of August, not only protested and declared against the Members Vote [...] and Procee­dings of both Houses, both during the Speakers absence and since, but likewise thus Traiterously and Rebelliously close up their Remonstrance with this protest and declaration to all the world. p. 23. 24. That if any of those Members, who during the absence of the Speakers, and the rest of the Members of both Hou­ses, did sit or vote in the So they term them. pretended Houses then continuing at Westminster, that hereafter intrude themselves to sit in Parlia­ment, before they have given satisfaction to the To wit, the fug [...]tive Mem­bers who with­drew unto & engaged with the Army, and by their en­gagement are made parties & incompetent Iudges. respective Hou­ses whereof they are▪ concerning the ground of their said sitting at Westminster, during the absence of the said Speakers, and shall have acquitted themselves by sufficient evidence; That they did not procure nor give their consent unto any of those pretended Votes, Orders or Ordinances, tending to theNo, it was only for their own just de­fence against the Armys force & rebel­lious reproa­ches against them. raising and le­vying of a war ( [...] is before (falsly) declared) or for the Kings coming forth with to London; WE CANNOT ANY LON­GER SƲFFER THE SAME; but shal do that right to the Speakers and Members of both Houses who were They ran a­way before they were dri­ven, & might have set on the said day as wel as others without distur­bance, as they did the very next morning after the tu­mult. driven away to us, & to our selves with them A detestable Parenthesis and horrid scandal. all whom the said Members have endeavoured in an hostile manner to destroy) and also to the Kingdom, (which they endeavoured to embroyle in a new war) [...] to take some speedy and effectual course This is their maintenance of the Parlia­ments Privi­ledges & free­dom, & the Li­berty of Con­science the Army con­tends for. WHEREBY TO [Page 12] RESTRAIN THEM FROM BEING THEIR OWN AND OƲRS AND THE KINGDOMS IVDGES, in these things wherein they have made themselves This disables all your fugi­tive Members. parties, and by this means to make War; that both they and others who are guil­ty of and parties to the aforesaid treasonable and destructive pra­ctises and proceedings against THE FREEDOM of PAR­LIAMENT and Peace of the Kingdom, may be brought to con­dign punishment, (and that) at the judgment of A FREE PARLIAMENT, consisting (duly and properly) of such Those who treacherously fled to you, brought you up against the City, and sig­ned your En­gagement, are no such Mem­bers, but in­gaged Parties. Members of both Houses respectively, who stand clear from such apparant and treasonable breach as is before expressed: Since which, they have in their General Councel at Putney and in their printed Papers, Voted down the House of Peers and their nega­tive Votes, prescribed the period of this present Parliament, and a new model for the beginning, ending, Members and Priviled­ges of all succeeding Parliaments received and answered many publick Petitions presented to them, and voted and resolved upon the question the greatest affairs of State, as if they only were the Parliament and Superior Councel both of State and War; voted the Sale of Bishops▪ Deans and Chapters, and For­rest Lands for the payment of their (supposed) Arrears, not­withstanding the Commons Votes to the contrary after sundry large debates; voted against the Houses sending Propositions to the King; to prevent which, as they first traiterously seised up­on his person and rescued him out of the custody of the Com­missioners of both Houses at Holdenby, and ever since detained him in their power per force from the Parliament▪ so they have lately conveyed him into the Isle of Wight, and there shut him up Prisoner without the privity and contrary to the desires of both Houses. All which unparaleld insolencies and treasonable practises, we declare to be against our Rights, Freedom and Liberties, and the Rights and Priviledges of Parliament, and of our Members there who represent us, and to his Majesties honor, and safety, in whom we have all a common interest.

And we do likewise further complain and Remonstrate that the Officers and Agitators in the Army, and their confede­rates in the Houses, have contrary to our foresaid Rights and Liberties many ways invaded and infringed the Rights and Pri­viledges [Page 13] of the City of London, the Parliaments chiefest Strength and Magazine, and Metropolis of the whole Kingdom, which extreamly suffers in and by its sufferings, and that by altering and repealing their New Militia established by Ordinances of both Houses when ful and free, without any cause assigned, a­gainst the whole Cities desire; in marching up twice against the City in an hostile manner, not only without, but against the Votes and Commands of both Houses; in dividing and ex­empting the Militia of Westminster and Southwark from their Jurisdiction and Command; in seising upon and throwing down their Line and Works (raised for the Cities and both Houses securities at a vast expence) in a disgraceful and despite­ful manner; in marching through the City with their whole Army and Train of Artillery in triumph in wresting the Tower of London out of their power, and putting it into the Armies and Generals Custody; in removing the Cities Lieutenant of it without any reason alledged, and placing in a New one of the Armies choyce; in committing the Lord Mayor, Recorder, Aldermen, and divers Colonel, Captains and Common Coun­cel men and other Citizens of London (who have shewed them­selves most active and cordial for the Parliament and impeach­ing them of such grand Misdemeanors and Treasons, which all the City and Kingdom, and their accusers own consciences in­form them they were more guilty of, without ever bringing them to a legal Tryal; only for doing their du [...]ies in obeying the Parliament in their just Commands, and standing up for their just defence according to their duty and Covenant, of purpose to bring in others of their own Faction into their places to inslave the City; and commanding two Regiments of Foot to come and quarter in the City, and levy some pretended arrears t [...] [...]ein by open force, which many by reason of poverty for want of trade and former loans and taxes to the Parliament, are [...]rly unable to satisfie. And when such affronts and violence is offered to London it self by the Army, by whose contributions and loans they were first [...]sed and have been since maintained, and that under the Parliaments Notes, who are those engaged to them for then supplies and preservation and constant affections since their first [...]tting to this present; the Free-holders and Free-subiects [Page 14] in the Country and more remote Counties, must neces­sarily expect Free-quarter, affronts, pressures and violations of our just Rights and Liberties from them: The rather, because the Garrison Soldiers of the City of Bristol, who not long since refused to receive the Governor appointed them by both Hou­ses of Parliament, have lately seised upon one of the wel affe­cted Aldermen of that City as he was sitting on the Bench with his companions, and carried him away per force, refusing to en­large, or admit any person to see or speak with him, or bring a­ny provisions to him, til they receive some, moneths Arrears in ready money and good security for al their remaining pay, and an act of Indempnity for this their insolency and injurious action in particular, and all other offences in general, from both Houses. Of which unparaleld oppression and injustice from Soldiers, who pretend themselves the only Saints and Protectors of our Rights and Liberties, we cannot but be deeply sensible, and crave your speedy redress in our Liberties, Rights and Pro­perties.

But that which most neerly concerns us, and which we can no longer endure▪ is this▪ wherin we expect your present redress; That this degenerated, disobedient and mutinous Army, contra­ry to the Votes and Ordinances for their disbanding and secu­ring their Arrears in March and May last past, have traiterous­ly and rebelliously refused to disband, and kept themselves to­gether in a body ever since, offering such affronts and violence to the Kings own royal person, both Houses of Parliament and their Members and the City of London, as no age can paralel; and yet have forced the Houses when they had impeached and driven away most of their Members, and marched up in a body against them and the City in a menacing, manner, not only to own them for their Army, but to pass a new Establishment of sixty thousand pounds a moneth for their future pay, to be levy­ed on the Kingdom (who now expect ease from all such Taxes) besides the Excise and all other publick payments; which now they importune the Houses may be augmented to one hundred thousand pounds each moneth, and that they themselves may have the levying thereof: which insupportable Tax being pro­cured by force and menaces, when the Houses were neither full [Page 15] nor free, against former Votes and Ordinances for the Kingdoms ease, and not consented to by most of our Knights and Burgesses then driven away by the Army, and dissenting thereto when present, and being only to maintain a mutinous and seditious Army of Sectaries, Antitrinitarians, Antiscripturists, Seekers, Expectants, Anabaptists, recruited Cavaliers, and seditious, mutinous Agitators, who have offered such insufferable vio­lence and Indignities both to the King, (whose person and life was indangered among them, as he and they confess) the Par­liament, City, Country, and so earnestly endeavored to subvert all Magistracy, Monarchy, Ministry, all civil, Ecclesiastical and Military Government, Parliaments, Religion, and our ancient Laws and Liberties (as their late printed Papers evidence) that they cannot without apparant danger to the Parliament; King and Kingdom, be any longer continued together, being now so head-strong that their own Officers cannot rule, but complain publickly against them: And therefore we can neither in point of duty, conscience, law or prudence, subject to pay the said monethly Tax so unduly procured by their violence, were we able to do it, being contrary to our Solemn League and Cove­nant, for the maintenance of such a mutinous and rebellious Army, who endeavor to enslave and destroy both King Parlia­ment, City, Kingdom, and monopolize all their power, wealth and treasure into their own Trayterous hands, which they have wel nigh effected, having gotten the Kings person, the Tower of London, all Garisons and Forces in the Kingdom by Land, and the command of the Navy by Sea, into their power, and put the City and both Houses under the Wardship of their ar­med guards, attending at their doors and quartering round a­bout them, and forced the run-a-way Speakers and Members not only to enter into and subscribe the solemn Engagement to live and dye with them in this cause, but likewise to give them a ful moneths pay, by way of gratuity, for guarding them back to the Houses, where they might and ought to have continued without any danger, as the other faithful Members did, and to which they might safely have returned without the strength of the whole Army to guard them. And to add to our pressures and afflictions, this godly religious Army of disobedient Saints, [Page 16] who pretend only our Liberty and Freedom from Tyranny, Taxes and Oppression, demand not only this new heavy mo­nethly Tax, and the remainder of Bishops, and all Deans and Chapters, and Forrest Lands in the Kingdom, and Corporation stocks for their Arrears (which if cast up only during the time of their actual service til the time they were voted and ordered to disband, wil prove very smal or little, their free-quarter, ex­actions and receipts for the Parliament and Country being dis­compted) but (which is our forest pressure) do violently enter into our Houses against our wils, and there lie in great multi­tudes many weeks and moneths together, til they quite ruine and eat out both us, our families, stocks and cattel, with their intolerable Free quarter, and that in these times of extraordi­nary dearth and scarcity; for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto, devouring, like so many Locusts and Caterpillars, all our grass, hay, corn, bread, beer, fewel and provisions of all sorts, without giving us one farthing recompence, and leaving us, our wives, children, families, cattel, to starve and famish; the very charge of their free-quarter (besides their insufferable insolen­cies and abuses of all sorts) amounting in many places to above six times, or in most places to double or treble our annual Re­venues. Besides the abuses in their quartering are insufferable; Many of them take and receive money for their quarters double or treble, their pay from two or three persons at once, and yet take Oats and other provisions from them besides, or free-quarter upon others: Some of them demand and receive free-quarter in money and provisions the double or treble the num­ber of their Troops and Companies: Others take free-quarter for their wives, truls, boys, and those who were never listed: O­thers of them wil be contented with none but extraordinary diet wine, strong beer, above their abilities with whom they quar­ter, thereby to extort money from them; and if an▪ complain of these abuses, he is sure to be relieved with an addition of more, and more unruly quarterers then he had before. If they march from their quarters to any randezvouz, or to guard the Houses, they must have victuals and money too, til their return. Divers of the Troopers and Dragooners must have quarter for [Page 17] two or three horses a peece, which must have at least a peck of corn or more every day (though they lye still) both Winter and Summer; their 7200 Horse, and 1000 Dragoons devou­ring above two thousand bushels of corn (besides grass, hay and straw) every day of the week, and this time of dearth, when the poorer sort are ready to starve for want of bread. In brief, the abuses of free quarter are innumerable, and the burthen of it intollerable, amounting to three times more then the whole Armies pay, who are doubly payd all their pretended Arrears, in the money & provisions they have received only for freequarter upon a just account; and therfore have litle cause to be so clamo­rous for their pretended Arrears from the State, who have received double their Arrears of us, and yet pay us not one farthing for all our Arrears for quarters when they receive their pay. Which free quartering we do now unanimously protest against, as an high Infringement of our Hereditary Rights, Liberties, Proper­ties and Freedom, and contrary to Magna Charta, the Petition of Right, and warranted by no express Ordinance of Parlia­ment, now the Wars are ended, and the Army long since vo­ted to disband, and such an excessive oppression and undoing heart-breaking vexation to us, that we neither can, nor are any longer able to undergo it.

And therefore we humbly pray and desire this of both Hou­ses of Parliament, as our unquestionable Liberty and Birth­right, of which they cannot in justice deprive us, without the highest treachery, tyranny, perjury and injustice; that all these forementioned Grievances and unsupportable Pressures, under which we now groan and languish, may be speedily and effe­ctually redressed without the least delay, to prevent a generall Insurrection of oppressed and discontented people, whose pati­ence, if any longer abused, we fear, wil break out into unap­peasable fury; and by their publike votes and Remonstrances, to declare and order for our general satisfaction and ease.

1.

That no Habeas Corpus shall be denyed to any free Sub­ject, imprisoned by any Committe whatsoever, or by any Offi­cers or Agents of Parliament: and that any such person shal be bayled and discharged by the Keepers of the Great Seal in vo­cation [Page 18] time, of the Judges in the Term, upon an Habeas Cor­pus▪ if no legal cause of commitment or continuance under re­straint shal be returned.

2.

That every person who hath been wel-affected to the Par­liament, may have free liberty to prosecute his just remedy at Law against every Member of Parliament, Committee-man, Officer or Agent imployed by the Parliament, who hath mali­ciously or injuriously imprisoned, beaten, sequestred, plundred or taken away his money or goods, or entered into his bounds and possessions contrary to Law, and the Ordinances of Parliament, and the power and trust committed to him, notwithstanding any priviledg, or the Ordinances, or any Orders made for their Indempnity; which we humbly conceive, were only made to free those who acted for the Parliament from unjust suits and vexations, for acting according to their duties, and not exempt any from legal prosecutions for apparent unjust, malicious and oppressive actions and abuses of their trust and power.

3.

That no wel affected person may be debarred from his just and legal actions against Malignants in Commission, or Arms against the Parliament, who have imprisoned, plundered and abused them for their adhering to the Parliament, by colour or pretext of any Articles Surrender, made by the General or any other, or by any future Act of Oblivion, so as they prosecute their Actions within the space of 3 years next ensuing; and that the Committee of Complaint may be inhibited to stay any such proceedings, such Judgments or Executions, as prejudicial to the Parliament, and injurious to their suffering friends.

4.

That all Members of either House of Parliament lately suspended, imprisoned, impeached or ejected by the Armys me­naces and violence, without legall tryall may be forthwith en­larged, restored and vindicated, and both Houses and their Members righted and repayred against all such who have vio­lated their Priviledges and Freedom, and freed from the guards and power of the Army.

[Page 19] 5. That the Kings person may be forthwith delivered up by the Army, into the Custody and possession of both Houses un­der pain of high Treason, in any who shall detain him from them, that so a firm & speedy peace may be established between him and his people, for their comfort. And Cornet Joyce who first seised, and those Agitators who lately intended violence to his Royall Person and Life, may be apprehended and proceeded against.

6.

That the imprisoned Aldermen and Citizens of London may be forthwith enlarged, restored and repayred; and the repealed Ordinance for their new Militia revived; the Tower of London put into the Citizens hands as formerly, and firm Reconciliation made between the City and both Houses.

7.

That the Isle of Wight, and all Garrisons by Land, and the Navy by Sea, may be put into the command and custody of those who enjoyed them by Votes and Orders of both Houses, before the 26 of July last past, unless just exemptions can be taken to any of them by the Houses.

8.

That all Votes and Ordinances formerly made and repea­led only by the menaces and over-awing power of the Army may be revived, and all new Votes and Ordinances made by their threats and violence, when divers Members were driven away by their terror, repealed and made voyd; especially that Ordinance for nulling all Proceedings in Parliament, du­ring the Speakers wilful absence, at least five times layd aside, by Vote of the House Commons; and forced to pass by a par­ticular menacing Remonstrance from Sir Thomas Fairfax and the Army, and a party of a thousand Horse drawn up in Hide-Parke to over-awe the Houses, besides an armed Guard then standing at their doors.

9.

That the true grounds of the Speakers and other Members deserting the Houses and repairing to the Army and their en­tering [Page 20] into an Engagement to the Army, may be fully exami­ned; and what Members subscribed their names thereto: and who of them that sate in the Houses, at any time, during the Speakers absence in the Army.

10.

That all recruited Soldiers in the Army▪ entertained since the taking in of Oxford, may be presently disbanded without pay, the residue reduced only to five or six thousand; and none to be continued but such, who have taken the Solemn League and Covenant and shal be sworn to be obedient to both Hou­ses commands.

11.

That no Free-quarter shal from henceforth be taken by any Officer or Soldier in any Gentlemans, Husbandmans, Mi­nisters, Merchants or Tradesmans House without his free con­sent, and pay duly for the same, under pain of death, unless in a March for one night or two upon special service, when no other quarters can be procured, but only in Inns, Alehouses, and common Victualing Houses. And that no Troopers Horses may be allowed Oats or Provender, whiles they lie stil, and are out of actual service.

12.

That all Commissions for Martial Law may be revoked, and all Soldiers, for all Misdemeanors and offences punishable by Law, made and declared to be subject to the Jurisdiction and power of the Judges of Assise, Justices of Peace, and chief Officers in any County and City; and liable to arrests and exe­cutions for their just debts, and other Actions at the common Law.

13.

That the Tax for sixty thousand pound a moneth, for the Armies pay, may be wholy remitted and taken off us; and a moderate Assessment only laid on the Kingdom for the ne­cessary relief of Ireland, and pay of such few Soldiers as shal be necessary to continue til the wel-affected in each County be put into a posture to defend it self and the King­dom.

[Page 21] 14. That Lieut. General Cromwel, Commissary Ireton, and other Members of the House of Commons, residing in the Army, and the Councel of War and Agitators, who compiled and drew up the late inso­lent and Treasonable Remonstrances and Representations to both Houses, especially that of the fifth of this in­stant December, may be forthwith apprehended and impeached of High Treason, of which they are far more guilty then any Members or Citizens formerly accused or impeached by their means, out of the ruines of whose estates they desire the satisfaction of their own pretended Arrears.

15.

That the General and Army, together with the Councel of War, Officers and Soldiers of the Army, may be presently sent to, and give an answer to both Houses, whether they continue together as an Army, by vertue of any Commission and Authority derived from the Houses only; and if so, to take an Oath to be obedient to all their just Commands; or else keep together in a body, only by their own private Engage­ment and Authority as a pretended cal from the peo­ple, as John Lilburn in late printed Papers affirmes they do: which, if really true, we can repute them no other, but a most riotous Assembly of Rebels and Trai­tors against King, Kingdom and Parliament, and their taking of free quarter on us against our wils, no better then Burglary and Felony, for which they ought to suffer death.

16.

That the extraordinary dammages the King­dom, City and Country have sustained by free quarter and loss of trade, through the Armies refusal to dis­band, [Page 22] and late recruits, contrary to the Votes of both Houses for their disbanding (which dammages amount to above twenty times their pretended Arrears) may be satisfied out of their Arrears as far as they wil go, to be totally struck off for that purpose, and the residue out of the estates of such Officers and others who have been the chief instruments of continuing and recruit­ing the Army, and free quartering them neer the City, and consequently the original causes of these damages. The rather, because it is Sir Thomas Fairfax and the Councel of the Armies own Law and Justice in their Arrogant Representation to the Houses; Decem. 7. 1647. p. 21. where they thus declare their desires. Yet now, IN JUSTICE, we cannot but desire that, besides the le­vying of the (Cities) Arrears at last, (for which we have been put to stay so long) there may now likewise be SOME REPARATION thought on from the City to the parts adjacent for abeve one hundred thousand pounds damage through the ARMIES attendance here on the Cities defaults and delays; which reparation we (if necessitated thereunto, or called upon by the Country) must in their be­half demand from the City to the ful; and now also (the ra­ther in order to that) we must earnestly desire, that the pro­ceedings against those Citizens and others lately impeach­ed, may be hastned, and out of their fines or confiscations, SOME PART OF REPARATION MAY BE MADE TO THE COUNTRIES ADJACENT FOR THE AFORES AID DAMAGES, which the crimes of those persons (they should have said, the Re­bellion and Disobedience of the Officers and Army to both Houses) did first bring upon them, &c. And what reparation of Damages they thus prey from others, who are innocent and no causes of them, is just they should [Page 23] first make themselves, being the real Authors thereof, by their own confession.

All which we humbly pray, as our just Rights and Liberties, in our own and the whole Kingdoms behalf, who shal, by Gods assistance, with our Lives and For­tunes resolutely maintain and defend his Majesties Person and lawful Power, the Ancient Priviledges and Freedom of Parliament, and our own unquestionable Rights, Properties and Franchises (according to our Solemn Vow and Covenant) against all Encroach­ments, Powers, and private Factions whosover, for the honor, benefit, and safety of us and our posterities, and wil no longer suffer the King, Parliament, City, Coun­try and Kingdom to be enslaved and trambled upon by a dangerous and perfidious Combination of self-ended men, who endeavor nothing but to advance themselves by our publick ruines and confusions.

FINIS.

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