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. Prynne, William, 1600-1669. 1648 Approx. 49 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A91239 Wing P4029 Thomason E422_9 99864189 99864189 161384

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Early English books online. (EEBO-TCP ; phase 1, no. A91239) Transcribed from: (Early English Books Online ; image set 161384) Images scanned from microfilm: (Thomason Tracts ; 66:E422[9]) 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. Prynne, William, 1600-1669. 23, [1] p. s.n.], [London : Printed in the year, 1648. Attributed to William Prynne. Place of publication from Wing. Annotations on Thomason copy: "Jan. 8th. 1647"; the "8" in the imprint date has been crossed out. Reproduction of the original in the British Library.

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.

eng England and Wales. -- Parliament -- Early works to 1800. Great Britain -- Politics and government -- 1642-1649 -- Early works to 1800. 2007-06 Assigned for keying and markup 2007-06 Keyed and coded from ProQuest page images 2007-08 Sampled and proofread 2007-08 Text and markup reviewed and edited 2008-02 Batch review (QC) and XML conversion

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, 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, 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 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 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 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 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 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 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 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 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 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 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, 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 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 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.

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 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.

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, 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 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.